08-19-1991 Regular MeetingAugust 19, 1991
The regular scheduled meeting of Mayor and Council was held August 19, 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. Also
present was City Administrator John Patterson, City Clerk Melinda Dameron,
City Attorney Charles E. Camp, Parks and Recreation Director Sherry Reavis,
Communications Director Steve Ciaccio, Personnel Director Jane Mears, City
Engineer Ken Hildebrandt, Fire Chief Larry Williams, Public Works Director
Vic Broyles, Police Chief Stan Hook, Finance Director Emory McHugh, Community
Relations Director Kathy Barton and representatives of the press.
Invocation was given by City Administrator John Patterson, followed by the
pledge to the flag.
CITIZENS INPUT:
Nothing to report.
Pete Wood read a resolution pledging the City's full support to the Georgia
Business Retention and Expansion Process to promote overall economic
development. Kathy Jordan made a motion the resolution be adopted. Pete Wood
seconded the motion which carried 7-0.
PUBLIC HEARINGS:
(A) Variance request - side yard setback at 2177 Old Spring Road
John Patterson stated that Mr. Robert Flynn is requesting a variance on the
side yard building line from 25 to 2.9 feet for construction of a 3-car
carport at his home. Construction had already begun before Mr. Flynn was
notified that he must obtain a building permit and variance to continue.
There was no opposition.
Kathy Jordan stated Mr. Flynn is on a corner lot and the variance does not
affect any adjoining property owners. The carport will not be attached, but
will have a pitched roof and shingled to match the house. Mrs. Jordan said
she felt the carport would enhance the property and made a motion the
variance be approved. Jim Hawkins seconded the motion which carried 7-0.
(B) Privilege license - liquor, beer and wine pouring - China Station
Restaurant, 2350 Spring Road
John Patterson stated that Polly C. Chan is applying for a pouring license
for China Station which has relocated to Plantation Pointe Shopping Center.
Ms. Chan will continue to hold the license and the only change will be the
new location which meets all distance requirements. There was no opposition.
Ms. Chan said they have been in business in Smyrna and held a liquor license
for the last 10 years at the old Spring Road location. Jack Shinall asked
what changes they had made since being charged for serving minors several
months ago. Ms. Chan said they had instructed their waiters to check everyone
for identification before serving. Wade Lnenicka also pointed out that Ms.
Chan spends quite a bit of time at the restaurant and exercises on -site
supervision.
The police investigation was favorable and Bob Davis made a motion the
license be approved. Wade Lnenicka seconded the motion which carried 7-0.
(C) Home occupation license - Twin B, Inc., 2195 Beech Valley Drive
John Patterson stated that Thomas G. Pratt is requesting a license to operate
a business from his home through mail order/direct marketing. The business
will involve removal of tree stumps through a chemically treated cloth and
there will be some storage on the premises. There was no opposition.
Bob Davis said concern had been expressed about the storage of the product
and Mr. Pratt has requested the application be tabled. Bob Davis made a
motion the license application be tabled to September 16, 1991. Wade Lnenicka
seconded the motion which carried 7-0.
(D) Home occupation license - Noahs Pet Food, 2660 Hughes Street
Jack Shinall stated he had met with Ms. Harrison since the last meeting when
this application was tabled. Her business does not meet the home occupation
ordinance requirements and she has been offered several commercial locations
to manufacture her product. Mr. Shinall made a motion the application be
August 19, 1991 meeting - continued
tabled to the first meeting in September. Bill Scoggins seconded the motion
which carried 7-0.
FORMAL BUSINESS•
(A) Validate petition to annex Kentucky Fried Chicken property - 4499 South
Cobb Drive
Attorney Camp read the application to annex KFC property at South Cobb and
Camp Highland Road 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 tract or parcel of land lying and being in Land Lot 676 of the 17th
District, 2nd Section, Cobb County, Georgia and being more particularly
described as follows:
BEGINNING at a point on the easterly right of way of South Cobb Drive where
it intersects with the south land lot line of Land Lot 676; from said point
running in a northwesterly direction along the right of way of South Cobb
Drive a distance of 109 feet; thence leaving said right of way and running
northeasterly a distance of 49 feet; thence northwesterly a distance of 8
feet; thence northeasterly a distance of 27.16 feet; thence northeasterly a
distance of 138 feet to a point; thence southeasterly a distance of 134.33
feet to a point; thence southwesterly a distance of 210 feet to the right of
way line of South Cobb Drive and the south land lot line of Land Lot 676 and
point of BEGINNING.
Said tract containing .70 acres according to Cobb County tax records.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seal of 60% of the record title holders of the land
described above: s/RAY THOMPSON, Vice President, KFC National Management
Company
Pete Wood made a motion the petition be validated and the public hearing set
for September 16, 1991. Wade Lnenicka seconded the motion which carried 7-0.
(B) Amendments to adult entertainment ordinance
John Patterson stated it was necessary to make several amendments to the
adult entertainment ordinance which was adopted by council several months
ago.
Bill Scoggins made a motion the following code revisions be adopted as
presented with the complete revisions on. file in the office of the City
Clerk.
Sec.
14-165(b)
(Omitted in its entirety)
Sec.
14-165(e)
(Adds word "commercially"
adult mini -motion theatre)
Sec.
14-165(f)
(Omitted in its entirety)
Sec.
14-165(j)
(Omitted in its entirety)
Sec.
14-165(m)
(Minor changed from 21 to
18 years)
Sec.
14-166(d)
(Age changed from 21 to 18
years)
Sec.
14-166(e)
(Age changed from 21 to 18
years)
Sec.
14-166(f)
(Allows hours of operation
to be the same as for
alcoholic beverage pouring establishments)
Sec.
14-173(a)
(Changes age from 21 to 18
years)
Sec.
14-175(4)
(Changes age from 21 to 18
years)
Wade Lnenicka seconded the motion which carried 7-0.
(C) Non-resident user fee
John Patterson stated a non-resident user fee has been proposed for the new
library which would be $30/year for an individual and $40/year for family
usage. The library has generated quite a number of requests for library cards
August 19, 1991 meeting - continued
from non-residents and the additional revenue could be used to buy new
materials or help pay operating costs.
Wade Lnenicka presented a petition bearing 307 names of those requesting the
non-resident fees be adopted and stated this has been talked about for as
long as he had been on council, but has become more of an issue with the
opening of the new library. There are pros and cons both ways, but an annual
fee would allow school children to check out books and materials as well as
business people who live outside the City.
Jack Shinall asked how the fees could benefit the residents of the City. Mr.
Lnenicka said the fees would provide additional revenue which could be
designated to the General fund or used to purchase books. In the current
budget, we are actually spending less money to buy books for the new building
than we spent last year. Mr. Shinall said from the figures he had been
provided, the additional revenue would be less than 1% of the total operating
cost of the library for one year. Also, he felt it may be hard to justify a
shortage of books or material to our residents that may occur as a result of
the additional cards being issued to non-residents who do not pay property
taxes. Mr. Lnenicka said he did not see that as a problem because they do not
anticipate issuing more than 100 to 150 cards per year. Many of these would
be willing to annex into the City if they could. We also have non -city
residents using our parks, streets, water system and other services that we
cannot screen.
Wade Lnenicka made a motion the non-resident fee for the library be
established at $30/year individuals and $40 year/families, seconded by Bill
Scoggins.
Jim Hawkins said he would support the motion because the benefits to be
derived outweigh the disadvantages. This is a large facility and the
advantage to be gained is through a larger use of the library. It is there
for the public and should not be totally restricted. The fee system will
allow them to participate and help offset the operating cost.
Jack Shinall said he would support the motion but if there were any
complaints received form the residents he would move to rescind the
non-resident fee. Other council members stated their reasons for supporting
the fee and following discussion, vote on the motion to approve carried 7-0.
COMMERCIAL BUILDING PERMITS:
RTn nwnunc-
Nothing to report.
(A) Copier for Community Development
Bob Davis made a motion the bid award be tabled to the next meeting. Bill
Scoggins seconded the motion which carried 7-0.
CONSENT AGENDA:
(A) Request bids for water meters
(B) Approval of August 5, 1991 minutes
(C) Approval to purge delinquent personal property tax digest
(D) Set date for public auction - October 5, 1991
(E) Change first September meeting date to Tuesday, September 3
(F) Advertise zoning ordinance change
Wade Lnenicka made a motion items A, C, D, E and F on the consent agenda be
approved. Pete Wood seconded the motion which carried 7-0.
Wade Lnenicka made a motion item B on the agenda be approved. Kathy Jordan
seconded the motion which carried 5-0, with Jim Hawkins and Bob Davis
abstaining.
SHOW CAUSE HEARING - SUB -STATION II, BELMONT HILLS SHOPPING CENTER
John Patterson stated that on June 10, 1991, Stephen Connolly, owner and
operator of Sub -Station II at Belmont Hills was cited for violation of
Section 3-68 (hours of operation). Mr. Connolly appeared in Municipal Court
on July 25th and entered a guilty plea and was fined $250. This is the second
offense for Mr. Connolly. In 1986 he was cited for selling packaged
Auaust 19. 1991 meeting - continued
beer from his establishment which holds a pouring license only. At that time
he was fined in Recorders Court and at the show cause hearing, council
suspended the license for one month with 12 months probation.
Mr. Connolly and his witness were sworn in with Captain David Farmer.
Captain Farmer said he first observed Sub -Station being open after hours on
June 3rd (Monday morning) at approximately 12:45 a.m. when he observed Mr.
Connolly closing the doors and people leaving the place of business. On the
orning of June loth at approximately 1:45 a.m. he observed 8 cars in front
o the restaurant with approximately 14 to 15 persons inside. The front door
was open and the open sign on the window. When he went inside he informed Mr.
Conno y that was in violation of the Sunday hours of operation. He asked
hispa �he
leave the store and there several pitchers of beer on the
table at that time.
Mr. Connolly said when he cleans at night he keeps the door propped open and
on the night in question, his open sign was on and the door open. However, he
was totally out of beer and his witness, Ethel Key, had been asked to check
the taps and bring more beer. He did not sell any beer after 12:00 midnight
and the people in the restaurant were just talking and finishing the beer
they had already purchased. Mr. Connolly said he plead guilty in court
because they had told him in advance that his fine would be $100 and his
witness was not able to be there.
Ethel Key testified she was in the Sub -Station on Sunday night and at
approximately 11:45 p.m., Mr. Connolly asked her to check the taps and he was
out of beer then. There was no beer on her table when Captain Farmer entered
and the beer on the other tables had obviously been purchased prior to
midnight.
Jack Shinall said that Mr. Connolly was admittedly, in violation of the hours
of operation even though he may not have sold beer after midnight. He was
convicted of a violation of the alcoholic beverage ordinance approximately 5
years ago and at that time the license was suspended for one month and he was
placed under 12 months probation. There have been no violations since then
but since this is a second offense, Mr. Shinall made a motion the license be
suspended for 30 days, with 2 years probation. In lieu of the 30 day
suspension, a $1000 fine may be paid to reinstate the license. If any type of
offense occurs during the 2 year probation, the license will be suspended
after the appropriate hearings are conducted. Bob Davis seconded the motion
which carried 7-0.
COUNCIL INPUT: Wade Lnenicka gave a library report in the absence of Laurel
Best and thanked Susan Thompson with West Atlanta Janitorial for the donation
of a 27" color TV to use in the childrens programs. Mr. Lnenicka also thanked
his wife Robin and Gerrye Scoggins for the dessert party they hosted for the
City employees in appreciation of their hard work to get the new facilities
open.
Mr. Lnenicka said we have not forgotten about the drainage improvement
program but we still need more dry weather.
Bill Scoggins called on Sherry Reavis and Kathy Barton for reports from their
departments.
Jim Hawkins requested that a portion of the paving money we receive be
designated to raise manhole covers after the paving is complete to get them
back to street level. Vic Broyles said our crews have been putting risers on
all the covers but they have not been able to keep up with C. W. Mathews
paving crews. Mr. Hawkins suggested additional crews be hired for this
project if needed.
Larry Williams gave a progress report on the new fire station construction.
Pete Wood called on Chief Stan Hook for a report from the Police Department
and read a letter from the Cobb Community Transit commending three of our 911
operators for their assistance during a bomb threat August 7th.
With no further business, meeting adjourned at 8:47 p.m.
August 19, 1991 meeting - continued
A. BACON, MAYOR
BOB DAVIS, WARD
CHARLES PETE WOOD, WARD
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