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10-07-1991 Regular MeetingOctober 7, 1991 The regular scheduled meeting of Mayor and Council was held October 7, 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 Bill Scoggins. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, City Engineer Ken Hildebrandt, Personnel Director Jane Mears, Fire Chief Larry Williams, Public Works Director Vic Broyles, Accounting Supervisor Claudia Edgar, Community Relations Director Kathy Barton, Rae Duncan representing the Library, Communications Director Steve Ciaccio., Police Chief Stan Hook, Recreation Supervisor Michael Justice and representatives of the press. Mayor Bacon stated that Bill Scoggins was unable to attend because he was sick with the flu, and possibly pneumonia. Invocation was given by Paul Hoover, pastor of 7th Day Adventist Church followed by the pledge to the flag. CITIZENS INPUT: Matt Nichols with Chambers Development presented a check for $10,000 median to the City to be used for purchase of trees in the Windy Hill Road landscape project. PUBLIC HEARINGS: (A) Privilege license management change - Majik Market, 902 Windy Hill Road John Patterson stated that Robert C. Walburn is requesting the package beer and wine license for TOC Retail, Inc., d/b/a Majik Market at several locations in the City. Mr. Walburn has held other licenses in the City and the police investigation has found nothing that would prohibit him from holding the license. There was no opposition. Mr. Walburn said he currently holds package licenses for 33 locations. There have been two violations in Smyrna during sting operations but Majik Market now conducts their own sting operations and their supervisors are doing more surveillance to prevent future violations. Jack Shinall made a motion the license be approved. Jim Hawkins seconded the motion which carried 6-0. (B) Privilege license management change - Majik Market, 2610 Cobb Parkway There was no opposition and Bob Davis made a motion Robert C. Walburn be approved as the new agent to hold the beer and wine package license at this location. Jim Hawkins seconded the motion which carried 6-0. (C) Privilege license management change - Majik Market, 1166 Concord Road There was no opposition and Jim Hawkins made a motion Robert C. Walburn be approved as the new agent to hold the beer and wine package license at this location. Kathy Jordan seconded the motion which carried 6-0. (D) Privilege license management change - La Fiesta Restaurant of Cobb, Inc., d/b/a Lupitas Mexican Restaurant, 2161 South Cobb Drive John Patterson stated that an application has been submitted from La Fiesta for a name change only. Carlos Hernandez, owner, was present and stated that John Mills would continue being the agent but was out of town and could not be here tonight. Mayor Bacon said when Mr. Mills came before council for a show cause hearing several months ago he indicated that he did not wish to continue holding the license for La Fiesta and felt that he should be present for this hearing. Mr. Hernandez said he has held the license for 8 years and wants to continue to do so. Mr. Mills does have another full time job but works at the restaurant on the weekends. After further discussion Kathy Jordan made a motion the license application be tabled to the next meeting when Mr. Mills could be present. Jack Shinall seconded the motion which carried 6-0. (E) Variance request - front setback, side setback, lot width and distance between buildings at 1020 Concord Road October 7. 1991 meeting - continued John Patterson stated that Diana L. Eubanks is requesting these variances for a veterinary clinic at 1020 Concord Road. There are four variances required because the existing structure does not meet current code requirements. The variances are: 1) to reduce the minimum lot width at the building line from 85 to 78 feet; 2) to reduce the front yard setback from 50 to 46.3 feet; 3) to reduce the side yard setback from 10 to 4.6 feet; and 4) to reduce the distance between the structure and residential property line from 10 to 4.6 feet. There was no opposition. Ms. Eubanks said she had received letters from the adjacent property owners stating they had no objections to the variance. They are not changing the structure and will use the building as is for a veterinary clinic. Jim Hawkins made a motion the variances be approved as requested Pete Wood seconded the motion which carried 6-0. (F) Privilege license - beer and wine package sales at 777 Food Store, 1649 Smyrna Roswell Road John Patterson stated that Jae Son Kim is applying for a beer and wine package license at 777 Food Store. Previous violations have occurred at this store and they currently do not have an alcoholic beverage license There was no opposition. Attorney Furman Smith represented Mr. Kim. Mayor Bacon said this store is in Mr. Scoggins ward and since he could not be here tonight felt it would be in order to table the request. Jack Shinall asked Mr. Smith if he was prepared tonight to address the allegations regarding food stamp violations at 777 Food Store. Mr. Smith said he was not aware of those allegations. Jack Shinall made a motion the application be tabled to October 21, 1991. Bob Davis seconded the motion which carried 6-0. (G) Home occupation license - Moring Academic Service, 471 Willowbrook Drive John Patterson stated that Gay C. Moring is requesting a license to operate an office from her home to secure financial sources for college students. A petition was provided from residents within the area stating they have no objections and Ms. Moring has stated she agrees and will abide by the ordinance. Ms. Moring said she would research any private sources that may be available for scholarships for students entering college. The work will be done strictly by telephone with no traffic at her home. Pete Wood made a motion the license be approved. Jim Hawkins seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Ordinance amendment - public indecency John Patterson stated that recent Supreme Court decisions have led to the proposed amendment which prohibits public indecency and also defines nudity and public places. Attorney Al Cochran read the proposed amendment as follows: Section 15-6. Public Indecency (A) No person shall knowingly or intentionally appear in a state of nudity in any public place. (B) Nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola, or the showing of the covered male genitals in a discernibly turgid state. (C) Public Place, in the context of this ordinance, means any place where the conduct involved may reasonably be expected to be viewed by people other than members of the actor's family or household. Licensed medical practitioners examining rooms, public rest rooms, or changing rooms, and hospitals shall not be included as a "public place" as defined under this section. October 7, 1991 meeting - continued Mr. Cochran said this ordinance was drafted to coincide with some of the rulings in the Supreme Court case from Indiana that was recently upheld and some of the language was lifted from that decision. This will be a criminal offense and there will be no grandfather clause. Violations will be tried in Municipal Court and penalties are set forth in the Code. Mr. Hawkins said copies of the ordinance would be available in the City Clerk's office and made a motion the amendment be placed on the agenda to be voted on at the November 4, 1991 meeting. Jack Shinall seconded the motion which carried 6-0. (B) Ordinance amendment - pawn and title shops John Patterson said that several months ago a moratorium was placed on title and pawn shops and the proposed amendment tonight is to provide for dispersment of those businesses throughout the City. Kathy Jordan read the proposed amendment as follows: Sec. 14-44. Application for license (c) All applications for a new location for a license, after October 1, 1991, shall be accompanied by a survey, dated within thirty days of the application, by a State of Georgia Registered surveyor or engineer, with said surveyor's official stamp or seal affixed, showing the size and location of the proposed licensed premises and the distance to the nearest similarly licensed business, church, school, public building or library. Sec. 14-75. Pawn of Title only Any person, firm or company who shall accept the title to any vehicle in pawn shall be governed by this Article IV, including but not limited to, Sections 14-75 through Section 14-77. Sec. 14-76. Location No licensed location for a pawn shop or broker or a pawn for title establishment or any other business coming under this chapter shall be located closer than 1000 feet to any similarly licensed location, or any church, school, public building, or library after October 1, 1991. Sec. 14-77. Parking No overnight parking of pledged vehicles shall be allowed on the premises of licensee unless the same is within an enclosed area not visible to he public. No licensee shall park or allow to be parked any vehicle on the premises of another without the written permission of the owner of the premises. Kathy Jordan made a motion the ordinance be approved as read. Jim Hawkins seconded the motion which carried 6-0. Kathy Jordan made a motion the rules be suspended to approve lifting the moratorium. Pete Wood seconded the motion which carried 6-0. Kathy Jordan made a motion the moratorium on title and pawn shops which was originally approved April 15, 1991, be lifted. Jack Shinall seconded the motion which carried 6-0. (C) Validate petition to annex property at 911 Wells Circle John Patterson stated that C. J. Fouts has requested the annexation of this property containing .33 acres. The legal description was read by Attorney Camp 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 445 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at the intersection of the western lot line of Land Lot 445 with the southern right of way of Pat Mell Road, thence easterly along said right October 7, 1991 meeting - continued of way of Pat Mell Road 385.0 feet to a point, thence southerly 260.0 feet to a point, said point being the POINT OF BEGINNING; thence westerly 126.0 feet to a point; thence southerly 115 feet more or less to a point on the southern right of way of Wells Circle; thence easterly 123.0 feet to a point; thence northerly 114.0 feet to the POINT OF BEGINNING. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SAID ANNEXATION. Witness the hands and seals of 60% of the record title holders of the land described above: s/C. J. FOUTS Kathy Jordan made a motion the petition be validated and a public hearing set for November 4, 1991. Pete Wood seconded the motion which carried 6-0. (D) Bid opening - pickup truck for Community Development Bids were opened, read and recorded as follows: Days Chevrolet $10,673.56 Smyrna Truck Body No bid Bob Davis made a motion the bid be turned over to the committee for a recommendation back to full council at the next meeting. Pete Wood seconded the motion which carried 6-0. (E) Approval of water rate increase John Patterson said Cobb Marietta Water Authority has enacted a 7.5% rate increase which was effective October 1, 1991 and it is necessary to pass it on to our customers. Jim Hawkins said the increase would bring our rate to $1.50/per thousand. Mr. Hawkins said the water authority has no regulatory agency over them and he had talked to some members of the legislature about enacting legislation that would require them to submit a plan justifying their rate increases. Jack Shinall also stated we have also been notified of an additional surcharge that will go into effect next Summer for those whose bill is 25% higher than the average use during the Winter months. Jim Hawkins made a motion the rates be increased to $1.50/per thousand, which will still be the lowest in Cobb County. Wade Lnenicka seconded the motion and stated that we must pass along the increase to the individual users because if not, it will have to be paid through additional property taxes. Vote on the motion carried 6-0. COMMERCIAL BUILDING PERMITS: (A) NRH Enterprises requested a 6 month permit for an emission control station at 3335 South Cobb Drive with an estimated construction cost of $2,000. Kathy Jordan made a motion the permit be approved. Jim Hawkins seconded the motion which carried 5-1 with Jack Shinall opposed. (B) NRH Enterprises requested a 6 month permit for an emission control station at 2200 South Cobb rive with an estimated construction cost of $2,000. Kathy Jordan made a motion the permit be approved. Jim Hawkins seconded the motion which carried 5-1 with Jack Shinall opposed. (C) Prufrock Restaurants, Inc. requested a building permit for construction of a new Black-eyed Pea restaurant at 2590 Spring Road at an estimated construction cost of $450,000. Bob Davis made a motion the permit be approved. Jim Hawkins seconded the motion which carried 6-0. RTn AWARDS Jim Hawkins made a motion the bid for new water meters be awarded to Gwinnett Utilities, the low bidder for each line item. Jack Shinall seconded the motion which carried 6-0. CONSENT AGENDA: (A) Approval of September 16, 1991 minutes (B) Approval of September 23, 1991 minutes (special called meeting) October 7, 1991 meeting - continued (C) Approval to request bids for Parks Department vehicle (D) Approval to raise speed limit on Village Parkway from 35 to 45 MPH Jim Hawkins made a motion the minutes of September 16, 1991 be approved as submitted. Kathy Jordan seconded the motion which carried 6-0. Jim Hawkins made a motion the minutes of September 23, 1991 be approved as submitted. Bob Davis seconded he motion which carried 5-0 with Pete Wood abstaining. Jack Shinall made a motion approval be given to request bids for a new vehicle in the Parks Department. Jim Hawkins seconded the motion which carried 6-0. Pete Wood made a motion approval be given to increase the speed limit on Village Parkway from 35 to 45 MPH. Jack Shinall seconded the motion which carried 6-0. COUNCIL INPUT: In the absence of Laurel Best, Wade Lnenicka called on Rae Duncan for a report from the Library. Mr. Lnenicka stated that 10 family and 11 individual cards have been issued to non-residents for a total of $730. Department reports were also given from Community Relations, Police, Communications, Public Works and Fire. Jack Shinall said he had received several calls about the City's plans to 4-lane North Cooper Lake Road to the East/West Connector. Mr. Shinall and Mayor Bacon both emphasized that there are absolutely no such plans and the only changes on North Cooper Lake has been the addition of sidewalks. Mayor Bacon said he would be totally opposed to 4-laning any two lane road through a residential area. Jack Shinall said he had also received a number of complaints about Smyrna Cable TV regarding their programming and rates. The City -conducted a survey of rates in the surrounding area and overall, their rates are in line with others. Mr. Shinall also pointed out that the cable television industry is not regulated and we have no control over their programming or rates. Mr. Shinall said the curbside recycling program will continue through to the end of the year and then a decision will be made as to whether or not to continue the program city-wide. Current revenues generated are a about $.25 per household. It will be expensive to continue and the only savings is environmental, by keeping these items out of the landfills. With no further business, meeting adjourned at 8:49 p.m. A. BACON, MAYOR MELI A D ITY LNENI JAMES M. HAWKINS,+•D A�tL /i i4� CHARLES PETE WOOD, WARD 7