08-05-1991 Regular MeetingAugust 5, 1991
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on August 5, 1991 at Smyrna City Hall. The meeting was called to
order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All
council members were present except for Jim Hawkins who was out of town, and
Bob Davis. Also present was City Administrator John Patterson, City Clerk
Melinda Dameron, City Attorney Charles E. Camp, Public Works Director Vic
Broyles, Personnel Director Jane Mears, Assistant Fire Chief James Bivins,
City Engineer Ken Hildebrandt, Parks and Recreation Director Sherry Reavis,
Finance Director Emory McHugh, Communications Director Steve Ciaccio, Library
Director Laurel Best, Community Relations Director Kathy Barton and
representatives of the press.
Invocation was given by Paul Hanson, pastor of Our Savior Lutheran Church
followed by the pledge to the flag.
Mayor Bacon welcomed Pete Wood to his first meeting.
CITIZENS INPUT: Sue Brissey congratulated Pete Wood on his appointment and
stated she was pleased to have him as their ward representative.Mrs. Brissey
also asked that something be done about the abandoned cars in front of the
old Zayres building. Some have tags missing and appear to be inoperable. Jack
Shinall said he did not know who the vehicles belong to but we have had no
complaints from owners. Mr. Shinall said he did not think the cars were in
violation, but he would check into it.
George Mercurius said that Saturday, August 3rd was a historic day in the
City and marked the beginning of a new era. The development is beautiful and
Mr. Mercurius commended council on their courage and leadership.
FORMAL BUSINESS:
(A) Bid opening - copier for Community Development
Bids were opened, read and recorded as follows:
Sharp $4,715.72
Xerox #5034 $7,416.00
Accusystems $5,876.00
Minolta $5,753.00
Kathy Jordan made a motion the bids be turned over to the Community
Development Committee for their recommendation back at the next meeting. Wade
Lnenicka seconded the motion which carried 5-0.
(B) Amendment to bond schedule
John Patterson stated the Municipal Court bond schedule needs to be amended
to include the bond amounts for two new State laws that went into effect July
1st.
Pete Wood made a motion the bond schedule be amended by adding the following:
Operating of sound making devices $35.00
Open container law $50.00
Kathy Jordan seconded the motion which carried 5-0.
(C) Amendment to ordinance, Section 14-33, 14-34 (minimum age - billiard
rooms)
John Patterson said there are several establishments in Smyrna that would
like to have pool tables for young people and the code currently does not
allow anyone under 18 to play. This amendment would eliminate the age
restriction except for locations where alcoholic beverages are sold.
Bill Scoggins made a motion the ordinance be amended by deleting Code
sections 14-33 and 14-34 in is entirety and replacing with the following new
sections:
Sec. 14-33. Admission of persons under 18 years of age to billiard
rooms in which alcoholic beverages are sold
(a) It shall be unlawful for any person under the age of 18 years to
August 5, 1991 meeting - continued
play billiards in, or for any other purpose to enter or remain in, a
billiard room in which beer, wine, or alcoholic beverages are offered for
sale. This subsection shall not apply to persons under 18 years of age
who are accompanied by a parent or guardian or who possess a written
permit from a parent or guardian, which permit is witnessed by a notary
public with seal.
(b) In the event that the proprietor of a billiard room is of the
opinion that any person desiring admission thereto is under the age of 18
years, he shall require such person to certify his age in writing or to
produce a legal permit.
Sec. 14-34. Posting of placard as to admission of minors
Every licensee under this chapter shall post in the room where billiard
tables are operated a placard with the language of Code Section 14-33
conspicuously written thereon for the information of his patrons.
Wade Lnenicka seconded the motion to amend the ordinance which carried 5-0.
(D) Amendment to ordinance, Sect. 6-102 (display of American flag)
John Patterson stated this amendment should clear up any ambiguity that
exists and will allow businesses or individuals to fly flags without regard
to number.
Jack Shinall made a motion the ordinance be amended by deleting Section 6-102
and replacing with the new section.
Sect. 102. Special exceptions.
Notwithstanding anything contained herein to the contrary, official
flags, emblems, public notice, regulatory, traffic signs and similar
devices of federal, state, and local governments shall be permitted in
all zoning districts, without regard to number of such devices.
Bill Scoggins seconded the motion to approve which carried 5-0.
(E) Set date for show cause hearing - Sub -Station II
John Patterson stated that on June 10, 1991, Stephen Connolly, owner and
operator of Sub -Station II in Belmont Hills was cited for violation of
Section 3-68 (hours of operation). He pleaded guilty on July 25th in
Municipal Court and paid a $250 fine.
Jack Shinall made a motion the show cause hearing be set for August 19, 1991.
Kathy Jordan seconded the motion which carried 5-0.
(F) Validate petition to annex property in LL621, South Cobb Drive
M. Porter Campbell requested the annexation of property on South Cobb Drive
just south of Cooper Lake Road. Attorney Camp read the legal description as
follows:
We the undersigned, who constitute sixty percent (60%) of the electors
resident and sixty percent (60%) of the owners of the land area by acreage,
as described below, which is unincorporated and contiguous to the City of
Smyrna, hereby apply to have said area annexed into the City of Smyrna under
the provisions of laws of the State of Georgia, said property being annexed
being described as follows:
All that certain property situated and being in Land Lot 621 of the 17th
District, 2nd Section of Cobb County, Georgia being Lot 21, more particularly
described as follows:
BEGINNING at a point at the intersection of the southern right of way of
Cooper Lake Road with the western right of way of South Cobb Drive; running
thence southeasterly along the western right of way of South Cobb Drive 200
feet to a point, said point being the POINT OF BEGINNING; thence
southeasterly along the western right of way of South Cobb Drive a distance
of 305.9 feet; thence southwesterly a distance of 144.2 feet; thence westerly
a distance of 319.5 feet to the west line of Land Lot 621; thence north along
the west land lot line of Land Lot 621 a distance of 210 feet more or less;
11
August 5, 1991 meeting - continued
thence southeasterly a distance of 30 feet more or less; thence northeasterly
a distance of 175 feet to the point of BEGINNING.
WHEREFORE, THE UNDERSIGNED HERBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 60% of the record title holders of the land
described above: s/M. PORTER CAMPBELL
Pete Wood made a motion the petition be validated and a public hearing set
for September 3, 1991. Bill Scoggins seconded the motion which carried 5-0.
PUBLIC HEARINGS:
Mayor Bacon announced that item 4(D), closing of Cliff Crest Drive would be
removed from the agenda at this time.
(A) Business license request - pool tables for Sparkles Skating Club, 666
Smyrna Hill Drive
John Patterson stated that Dane Gazaway has requested a license for pool
tables at Sparkles Skating Club. This application was tabled at the last
meeting and there was no opposition.
Mr. Gazaway stated that their pool tables are in an open area under adult
supervision. During school parties and other times that children are at the
rink, the tables are normally closed so that only older teens are allowed to
use them.
Bill Scoggins said the police investigation was favorable and made a motion
the license be approved. Jack Shinall seconded the motion which carried 5-0.
(B) Home occupation license - 2660 Hughes Street
John Patterson said that Sharon Harrison is requesting a license be issued
for Noah's Pet Food for office and telephone work only to be conducted from
her home. Signatures had been obtained by residents within the 300 foot
radius and there was no opposition from the audience.
Ms. Harrison said she sells dog treats to pet stores and health food stores
that she makes in her home. There are no meat by-products in the snacks and
Ms. Harrison said she has been approved by the Department of Agriculture.
Jack Shinall said the home occupation ordinance specifically prohibits
manufacturing of products and made a motion this item be tabled to the next
meeting. Bill Scoggins seconded the motion which carried 5-0.
(C) Privilege license - liquor, beer and wine pouring - China Station, 2350
Spring Road
John Patterson stated that China Station will be relocating to Plantation
Pointe Shopping Center and are requesting a pouring license for that
location. The applicant was not present and Bill Scoggins made a motion the
application be tabled to the next meeting. Pete Wood seconded the motion
which carried 5-0.
(D) Closing of Cliff Crest Drive at existing dead end
Mayor Bacon stated this item has been removed from the agenda.
(E) Annexation of Starvin Marvin Food Store, South Cobb Drive @ Camp
Highland Road
John Patterson stated the legal description for this property was read into
the minutes of the July 1, 1991 meeting and all legal advertisements have
been made.
There was no opposition to the annexation request and Pete Wood made a motion
the property be annexed and made a part of Ward 7. Kathy Jordan seconded the
motion which carried 5-0.
(F) Variance request - additional sign at 765 Windy Hill Road
August 5, 1991 meeting - continued
John Patterson stated that Ms. Martha Weber is requesting this variance for
an additional sign at 765 Windy Hill Road. The building has two levels with
frontage on Windy Hill and separate parking spaces provided for each level.
There was no opposition.
Ms. Weber stated that at one time there were two signs on the property but
one was removed when Windy Hill Road was widened. The lower level of the
building has been vacant and until now, there has been no need for additional
signage. A chiropractor leases the upper level and the lower level has now
been leased to Baker Hypnotherapy Center. The existing sign is 4 x 6 and the
additional sign will be approximately the same size, well below the maximum
size allowed by the code. The portable sign on the property will be removed
if this request is granted.
After further discussion, Kathy Jordan made a motion the variance be granted.
Bill Scoggins seconded the motion which carried 5-0.
(G) Variance request - reduce sideyard setback at 3012 Vineyard Way
John Patterson stated that Jack Thompson with Bear Properties is requesting
this variance to reduce the sideyard setback from 7.5 to 5.2 feet and the
front building line from 20 to 14.9 feet. There was no opposition.
Gerald McCravey represented Bear Properties and stated a mistake was made
when the house was laid out to form footings which caused it to be too close
to the side and front building lines. The house was already framed when the
error was discovered. The error did not benefit them in any way and did not
allow any additional building lots or structures. Mr. McCravey said they now
have an engineer giving extremities on all lots and setting pins before the
foundation is built.
Jack Shinall said this is the second variance in the Chateau Walk development
and made a motion the variance be approved with a $100 fine. Kathy Jordan
seconded the motion which carried 5-0.
BID AWARDS: Nothing to report.
COMMERCIAL BUILDING PERMITS:
(A) Brawners Hospital requested a building permit for a 10 bed addition at a
total estimated cost of $220,000. Wade Lnenicka made a motion the permit be
approved. Pete Wood seconded the motion which carried 5-0.
(B) Smyrna Presbyterian Church at 3130 Atlanta Road requested a building
permit for a 10,500 square foot addition at a total estimated cost of
$362,733. Wade Lnenicka made a motion the permit be approved. Jack Shinall
seconded the motion which carried 5-0.
(C) Airborne Express requested a building permit for new construction on
Highlands Ridge Drive at a total estimated cost of $700,000. Pete Wood made a
motion the permit be approved. Bill Scoggins seconded the motion which
carried 5-0.
(D) Electro-Air requested a building permit for construction at 500 Lake
Ridge Drive in Highlands Park at a total estimated cost of $500,000. Pete
Wood made a motion the permit be approved. Bill Scoggins seconded the motion
which carried 5-0.
(E) Randall H. Bugg requested a building permit for construction of a
recording studio on Powder Springs Street behind the car wash at a total
estimated cost of $178,000. Jack Shinall made a motion the permit be
approved. Kathy Jordan seconded the motion which carried 5-0.
CONSENT AGENDA:
(A) Amendments to FY91 budget
(B) Approval of July 15, 1991 minutes
(C) Approval of July 16, 1991 minutes
(D) Rename Hamby Street @ Atlanta Road to Powder Springs Street
(E) Approval of 4-way stop at Village Green Circle/Hamby/Powder Springs
Jack Shinall said when the new complex was built and the streets named,
Powder Springs ended at Village Green Circle and did not run through to
Atlanta Road. Hamby Street has always been a short connecting street between
August 5, 1991 meeting - continued
Bank and Powder Springs and has never extended to Atlanta Road. For that
reason, it was decided to re -name Hamby Street and keep the identity of
Powder Springs at Atlanta Road. Mr. Shinall made a motion the consent agenda
be approved. Kathy Jordan seconded the motion which carried 5-0.
COUNCIL INPUT:
Mayor Bacon said that Saturday, August 3rd was the biggest day in the history
of our city and it is estimated that up to 20,000 people attended the grand
opening. It was a very successful event and we now have a downtown that
everyone can be proud of. Mayor Bacon thanked the employees and department
heads of the City for their hard work before and after the event.
Mayor Bacon congratulated the Rhyne Park 16 and under girls for winning the
State softball championship on Saturday in Gainesville.
Mayor Bacon also expressed his appreciation to Post Properties for their
donation of $250,000 to the City for the landscaping at the community center.
John Williams has been a supporter of the City for many years.
Wade Lnenicka said the neighbors at the end of Cliff Crest Drive were
concerned about driveways, signs, landscaping, etc. and for that reason it
was decided to postpone the street closing until they can agree on what
should be done.
Mr. Lnenicka commended the library staff for their hard work in relocating to
the new facility and called on Laurel Best for a report. Mr. Lnenicka also
congratulated all department heads for the team effort and thanked them for
their part in opening the new facilities.
Bill Scoggins said he knew that everyone worked hard but felt the Parks
Department certainly deserved a lot of credit. Sherry Reavis gave a report
and stated the Community Center hours will be 6:00 a.m. to 11:00 p.m.
weekdays, 8:00 a.m. to 11:00 p.m. Saturday and 1:00 p.m. to 6:00 p.m. Sunday.
Kathy Barton gave a report from the Clean City Commission and thanked the
news media for helping publicize the grand opening.
Assistant Fire Chief Jimmy Bivins said the new fire station is being bricked
and hopefully the building will be ready for occupancy by mid -September.
Stan Hook gave a report from the Police Department.
Pete Wood said he welcomed the opportunity to represent the 7th ward and
appreciated the confidence the Mayor and Council had shown by appointing him.
Mr. Wood said he would be available at work or home and would be responsive
to the needs of the people of his ward. Mr. Wood said he had received word
just before the meeting that Mrs. Rem Bennett, Sr. had passed away this
evening and expressed his condolences to the family.
The entire council expressed their appreciation to the employees and
department heads of the City for their part in the grand opening and
especially to John Patterson.
With no .ness, meeting adjourned at 8:29 p.m.
A. MAX BACON, MAYOR
BOB DAVIS, WARD 1
CHARLES PETE WOOD, WARD 7
MEL
WADE LNENI
1 (7,40, �i' Ui ln-ani 400!1/y_"�
MVR Wr