09072004 September 7, 2004 Council Meeting
September 7, 2004
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The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All
council members were present. Also present were City Administrator Wayne Wright, Deputy
City Clerk Lee Miller, City Attorney Scott Cochran, Fire Chief Jason Lanyon, Community
Relations Director Jennifer Bennett, Executive Assistant Susan Drinnon and representatives of
the press.
Invocation was given by Council Member Wood, followed by the pledge to the flag led by Eagle
Scout David Denning.
AGENDA CHANGES:
Mayor Bacon stated that agenda item 5A (Public Hearing - Variance Request V04-024-
Additional Wall Sign - 300 Village Green Circle - Coldwell Banker) will be withdrawn.
MAYOR'S REPORT:
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Mayor Bacon recognized Ms. Bennett, and Ms. Bennett stated that proceeds from the Jonquil
City Jog in the amount of $5,000 will be presented to Campbell High School for the Campbell
High School Education Foundation (CHSEF). Ms. Bennett presented a check for the proceeds to
CHSEF President Dennis Harding. Ms. Bennett expressed appreciation to John Wieland Homes,
Georgia Power Company, Marietta Daily Journal, North Georgia Trophy, Emory Adventist
Hospital, Wade Ford, Kenny's Key Lime Pie, Community Bank of the South, Moe's Southwest
Grill, Chic-Fil-A and Crystal Springs Water for their generous sponsorship of this event. Mr.
Harding thanked the sponsors for their support of Campbell High School.
CITIZENS INPUT:
Mayor Bacon recognized Mr. Alex Backry, and Mr. Backry expressed concerns to those present
regarding the welfare of former City employee Curtis Cook. Mr. Backry made suggestions to the
present officials for employee feedback procedures and motivational training.
Mayor Bacon recognized State Senator Ginger Collins, and Senator Collins asked those present
for their support of her upcoming bid for reelection.
Mayor Bacon recognized Mr. Floyd Millis, residing at 1878 Wynridge Drive, and Mr. Millis
expressed views to those present regarding responsible government and the City budget.
LAND ISSUES/ZONINGS/ ANNEXA TIONS:
(A) Public Hearing - Variance Request V04-024 - Additional Wall Sign - 300 Village Green
Circle - Coldwell Banker
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Scoggins read a letter to those present from Lithonia Signs, Inc., as agent for the
applicant, in which a request for withdrawal of the variance application is set forth.
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MOTION: Council Member Scoggins made a motion to approve withdrawal without prejudice
September 7, 2004
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of Variance Request V04-024 for an additional wall sign at 300 Village Green Circle for
Coldwell Banker. The motion was seconded by Council Member Pritchett. Mayor Bacon stated
the applicant was able to relocate the subject sign, thereby rendering the variance unnecessary.
Motion was approved 7 - O.
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(B) Approval of Annexation Request (100% of property owners requesting annexation)-
6.55 Acre Tract - Land Lot 621, Parcels 6, 7, 8, 9, 10, 11, 12, 13 & 14, I ih District, 2nd
Section, Cobb County - The Shops at East-West Connector, LLC
Mr. Wright stated the subject tract is located on South Cobb Drive north ofthe East-West
Connector. Mr. Wright stated the submitted legal description has been reviewed by the City's
engineer with satisfactory results.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka stated the subject property has been zoned in the County, and that
there is no rezoning associated with this annexation request.
MOTION: Council Member Lnenicka made a motion to approve annexation ofa 6.55 acre tract
in Land Lot 621, Parcels 6, 7, 8,9,10,11,12,13 & 14, 17th District, 2nd Section, Cobb County
for The Shops at East-West Connector, LLC to become a part of Ward 6 with an effective date of
October 1,2004. The motion was seconded by Council Member Wood. Motion was approved
7 -0.
PRIVILEGE LICENSES:
(A)
Privilege License Request- Pawn Shop - Personal Jewelry Loans - 2800 Spring Road,
Suite H - Darlene Brown, Applicant
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Mr. Wright stated that inquiry by the City police department disclosed no information which
would preclude issuance of the requested license. Mr. Wright stated that staff has reviewed the
submitted application materials and found them to be in order.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Pritchett recognized Ms. Brown, and asked Ms. Brown to provide details to
those present concerning the pawn business she proposes to operate. Ms. Brown stated the pawn
business she proposes to operate will take only jewelry as collateral; Ms. Brown stated that items
customarily used for securing loans such as firearms, consumer electronic equipment and other
items found in conventional pawn shops will not be accepted as collateral at her business. Ms.
Brown stated the pawn business she proposes to operate will give customers an alternative loan
source. Council Member Pritchett asked Ms. Brown if she is engaged in retail jewelry sales, and
Ms. Brown answered in the affirmative. Ms. Brown stated her business also offers jewelry
repairs, custom design and some light manufacturing. Council Member Newcomb asked Ms.
Brown what measures she plans to have in place to prevent her pawn operation from accepting
stolen items. Ms. Brown stated that measures such as a requirement for a detailed description of
pawn items, obtaining photographs and fingerprints, and requiring pawn customers to have a
current drivers license will be practiced at her business. Ms. Brown stated she will cooperate
with local law enforcement authorities to make certain her business is operated properly. Council
Member Wood asked Ms. Brown if she intends to report all pawn transactions to the City police
department as required by City ordinance, and Ms. Brown answered in the affirmative. Council
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September 7, 2004
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Member McNabb asked Mr. Cochran if approval of a privilege license can be conditioned upon
any stipulations. Mr. Cochran stated the application can only be approved or denied, and that
there are no provisions for stipulations.
MOTION: Council Member Pritchett made a motion to approve a privilege license request for a
pawn shop for Personal Jewelry Loans at 2800 Spring Road, Suite H, Atlanta, Georgia 30339 for
Darlene Brown as agent. The motion was seconded by Council Member Newcomb. Motion was
approved 7 - O.
FORMAL BUSINESS:
(A) Appointment of Members to the Tree Board
MOTION: Council Member Pritchett made a motion to appoint Mr. David Jenkins, residing at
1154 Drewsbury Court, to the Ward 1 post on the Tree Board. The motion was seconded by
Council Member Newcomb. Motion was approved 7 - O.
MOTION: Council Member Scoggins made a motion to appoint Ms. Leigh Ann Good, residing
at 1272 W. Spring Street SE, to the Ward 3 post on the Tree Board. The motion was seconded by
Council Member Pritchett. Motion was approved 7 - O.
MOTION: Council Member Wood made a motion to appoint Mr. Rowland Davidson, residing at
1415 Mosswood Lane, to the Ward 7 post on the Tree Board. The motion was seconded by
Council Member Smith. Motion was approved 7 - O.
COMMERCIAL BUILDING PERMITS:
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There were none.
CONSENT AGENDA:
(A) Approval of August 16, 2004 Minutes
(B) Approval of Special Event (Oktoberfest) in the Market Village on Saturday, October 2,
2004
Organizer is requesting the top fountain area of the Market Village terminating at the
Village Gourmet and former Tropical Smoothie Cafe access to the remainder of the
Market Village - lower portion approaching City Hall to remain open to vehicle traffic.
Additional street closings dependent upon site plan and portables placements. Merchant
sponsor contact is Kevin Drawe or Stuart E. Corriher at Atkins Park. Permission for this
event should be granted with a requirement for organizers to hire a specified number of
police officers and make arrangements for clean-up. Approval of this event is
recommended.
(C)
Special Event in the Market Village (Smyrna Hand-Crafted Brew Fest) on Saturday,
November 6, 2004
Organizer is requesting the top fountain area of the Market Village terminating at the
Village Gourmet and former Tropical Smoothie Cafe access to the remainder of the
Market Village - lower portion approaching City Hall to remain open to vehicle traffic.
Additional street closings dependent upon site plan and portables placements. Merchant
sponsor contact is Kevin Drawe or Stuart Corriher at Atkins Park. Permission for event
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September 7.2004
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(D)
should be granted with requirements for organizer to hire specified number of police
officers and make arrangements for clean-up. Approval of this event is recommended.
Approval of Special Event (Spice of Life) on the Village Green, along King Street and in
the Market Village on Saturday, September 11, 2004
This event requires street closings impacting access to the Village Green (Village Green
Circle and Village Green approach), the Market Village, and King Street from Village
Green Circle to Stephens. Additionally, the Veterans Memorial stretch of Bank Street
from King Street to the end of the City Hall parking lot is requested. Approval of street
closings for this event on Saturday, September 11, 2004 is recommended.
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(E) Approval of Contract with Niles Bolton Associates for Professional Architectural
Services in Connection with Replacement of Fire Station 3
Fire Station 3 on Spring Road was constructed in 1973 utilizing materials with a
relatively short lifespan. It has been determined that replacement of the building with a
more permanent masonry structure is the most practical solution. Niles Bolton Associates
provided architectural services for the design of Fire Station 4 on South Cobb Drive, and
will use a similar design for Station 3. Approval ofthis contract is recommended.
(F)
Approval of Installation of Speed Humps on Memorial Place
The proposal is for the installation of two speed humps on Memorial Place between
Atlanta Road and Church Street. A request was received by representatives of the
Smyrna First Baptist Church for speed humps on Memorial Place. Southtrust Bank has
indicated that they support the speed humps. The only other adjacent property owner is
the City of Smyrna. The City Engineer has reviewed this request and found that it meets
the criteria for speed hump installation. Approval by Mayor and Council of this request
is recommended.
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(G) Bid Award for 2004 Street Resurfacing
This bid is for the milling, resurfacing and restriping of 25 City streets. A portion of this
money will be reimbursed through the LARP funding. This resurfacing was included in
the FY 2005 Budget for road improvements.
Five bids were received as follows:
Bankhead Contracting $764,276.00
C.W. Matthews Contracting Co. $690,773.48
E.R. Snell $782,527.75
Stewart Brothers $748,576.84
AP AC $795,404.27
The City Engineer and Purchasing Agent have reviewed the bids and recommend that the
bid be awarded to the low bidder, C.W. Matthews Contracting Co. for $690,773.48.
(H) Approval of Amendment of the July 19,2004 Minutes
At the July 19, 2004 council meeting, Rezoning Request 204-018 (R-15 to RAD
Conditional at 4420 North Cooper Lake Road for Development Partners, LLC) was
approved. The Community Development Director has recommended that the minutes for
that meeting be amended to make corrections to the special conditions which were
stipulated.
(I)
Approval of Bid for Replacement of Jail Intercom System
The existing jail intercom system has become largely inoperable and can no longer be
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September 7. 2004
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repaired. Two bids for replacement systems were received, and award of the bid to
Control Concepts for $19, ISO is recommended. Funds budgeted for purchase of a jail
camera in FY 2005 will be used for the replacement intercom system. The jail camera
purchase will be deferred until FY 2006.
MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion
was seconded by Council Member Wood. Motion was approved 7 - O.
COMMITTEE REPORTS:
Council Member Wood urged everyone to attend the City's Spice of Life event this Saturday.
Council Member Lnenicka yielded the floor with no report.
Council Member Smith reminded those present that a traffic signal rendered inoperable by a
power outage should be treated as a four-way stop.
Council Member McNabb provided details concerning the upcoming Spice of Life event to those
present. Council Member McNabb stated a public hearing will be held next Monday night
regarding the possible establishment of an overlay zoning district.
Council Member Scoggins yielded the floor with no report.
Council Member Newcomb thanked the fire department committee and Council Member
Pritchett for their work in connection with planning for the proposed renovations to Fire Station
3.
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Council Member Pritchett stated the local schools are in need of community involvement, and
that persons interested in volunteering in various capacities at the schools may contact her or
local school officials for more information.
CITIZENS INPUT:
There was none.
SHOW CAUSE HEARING:
(A) Alcoholic Beverage Violation - U.S. Cafe Express - 2350 Spring Road, Suite 10-
Edward Perkins, Agent
Mr. Wright stated that on June 7, 2004 at approximately 8:00 p.m., a 16 year old undercover
informant working with the City police department entered U.S. Cafe Express at 2350 Spring
Road and was able to purchase an alcoholic beverage. Mr. Wright stated the store attendant
looked at the informant's drivers license which indicates the informant is under 21 years of age,
and then sold the alcoholic beverage to the informant. Mr. Wright stated the purchase was
observed by a police officer. Mr. Wright stated the alleged violator was issued a citation for a
misdemeanor City code violation.
The oath was administered to Mr. Perkins and Ofc. Maloney by Mr. Cochran.
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September 7,2004
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Mr. Cochran asked Ofc. Maloney to describe to those present what occurred during the
undercover inquiry at the subject location. Ofc. Maloney stated that on June 7, 2004 at
approximately 8:00 p.m., a 16 year old undercover informant working with the City police
department entered U.S. Cafe Express at 2350 Spring Road for the purpose of attempting to
purchase an alcoholic beverage at that location. Ofc. Maloney stated the informant was served a
12 ounce bottle of beer by the defendant Nancy Vallalobos. Ofc. Maloney stated the informant
presented a drivers license which indicates the informant is under 21 years of age at the point of
sale, but was able to purchase the alcoholic beverage. Ofc. Maloney stated he then issued a
citation to Ms. Vallalobos.
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Mr. Cochran asked Mr. Perkins ifhe disputes the officer's testimony, and Mr. Perkins said no.
Mr. Perkins stated he regrets the incident, and that the offending server was evidently confused at
that time. Mr. Cochran asked Mr. Perkins to provide details to those present regarding the
training provided to U. S. Cafe Express (USCE) employees to help make certain they sell
alcoholic beverages in a lawful manner. Mr. Perkins stated meetings are held at USCE where
employees are taught the importance of selling alcoholic beverages properly and Ie am methods
for determining whether or not purchasers are of legal age. Mr. Perkins stated that USCE
employees are instructed to require all purchasers of alcoholic beverages to present photographic
identification at the point of sale. Mr. Cochran asked Mr. Perkins if this is the first violation of
this type for either one of his restaurants, and Mr. Perkins answered in the affirmative. Council
Member Scoggins commended Mr. Perkins for operating his restaurant in the City in a
professional manner for many years without any previous infractions involving the sale of
alcoholic beverages to underage persons.
MOTION: Council Member Newcomb made a motion to adjoum into executive session. The
motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (Clerk's Note:
Executive session commenced at 8:12 p.m.)
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MOTION: Council Member Scoggins made a motion to adjoum from executive session and to
reconvene the public meeting. The motion was seconded by Council Member McNabb. Motion
was approved 7 - O. (Clerk's Note: Executive session concluded at 8: IS p.m.)
Mayor Bacon asked Ofc. Maloney if USCE has been the subject of any complaints of sale of
alcoholic beverages to underage persons, and Ofc. Maloney said no.
Council Member Newcomb stated that Mr. Perkins' long record of operating his business in the
City with no previous violations of alcoholic beverage regulations is a mitigating factor.
MOTION: Council Member Newcomb made a motion to approve a disposition for the violation
of sale of an alcoholic beverage to an underage person at U.S. Cafe Express at 2350 Spring Road,
Edward Perkins, agent, to include a two-year probation and a requirement for Mr. Perkins to
complete the responsible alcohol sales and service class as presented by Evindi within 90 days of
this hearing with proof of completion to be submitted to the city attorney. Council Member
Newcomb asked Mr. Perkins ifhe is agreeable to this disposition, and Mr. Perkins answered in
the affirmative. The motion was seconded by Council Member Lnenicka. Motion was approved
7 -0.
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:22 p.m.
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September 7, 2004
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CHARLES PETE WOOD, WARD 7 '
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SUS N D. HIOTT, CITY CLERK
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RON NEW~OMB, WARD 2
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
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Ordinance Number
Land Lot 621
Acres 6.55
2004-28
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, ofthe
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on September 7, 2004
after first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests ofthe property
owners of the area to be annexed and ofthe citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
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NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
A. Max Bacon, Mayor
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SU n D. Hiott, City Clerk
City of Smyrna
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A. chran, City );nor,,",
City of Smyrna
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Ordinance #2004-28 Exhibit "A"
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LEGAL DESCRIPTION
For 'The Shops at East/West Connector'
All that tract or parcel ofland lying and being in Land Lot 621 of the I ih District, 2nd
Section, Cobb County, Georgia, and being more particularly described as follows:
Commencing at the intersection of the comers of Land Lots 676 and 621, and the iron pin
at the northern right-of-way of South Cobb Drive as the true POINT OF BEGINNING;
thence along the said northern right-of-way line of South Cobb Drive North 490 16' 22"
West a distance of735.39' to a point; thence leaving the said right-of-way line
North 22025' 0 I" East a distance for 417.11 ' to a point; thence
South 69054'59" East a distance of273.53' to a point; thence
South 47028' 46" East a distance of 197.66' to a point; thence
South 00007'22" East a distance of207.28' to a point; thence
South 00038'45" West a distance of67.72' to a point; thence
South 00033'05" West a distance of67.59' to a point; thence
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South 00041 '32" West a distance of 106.83' to a point: thence
South 00038'10" West a distance of 188.48' to the true POINT OF BEGINNING.
The said tract having a total square footage of285,413 feet or 6.55 acres more or less.
This description was completed by AEC, Inc., dated May 4, 2004.
...
AFFIDA VIT
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Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Mayor A. Max Bacon, who after being duly sworn, deposes and on oath
states the following:
(1) I was the presiding officer of a meeting of the Mayor and Council held on the 7th
day of September, 2004.
(2) That it is my understanding that O.C.G.A. S50-14-4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception.
(3) The subject matter ofthe closed meeting or closed portion of the meeting held on
the 7th of September, 2004, which was closed for the purpose(s) of discussion oflegal
matters as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within
those exceptions and as provided by law.
(4) This affidavit is being executed for the purpose of complying with the mandate of
O.C.G.A. S50-14-4(b) that such an affidavit be executed.
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day of September, 2004.
fl
This 7th
Mayor/Presiding Officer
Sworn to and subscribed before me
day of September, 2004.
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