October 18, 1993 Council Meeting
October 18. 1993
The regular scheduled meeting of Mayor and Council was held October 18, 1993 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 Bob Thomson, City Clerk Melinda
Dameron, City Attorney Charles E. Camp, Library Director Laurel Best, Public Works Director Vic
Broyles, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathy Barton, Fire
Chief Larry Williams, Police Chief Stanley Hook, Personnel Officer Mar-D Kilgore, Accounting
Supervisor Claudia Edgar and representatives of the press.
Invocation was given by Reverend Tom Baumgarten, pastor of Our Savior Lutheran Church, followed
by the pledge to the flag.
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CITIZENS INPUT:
Childrens Librarian Tonda Morris presented certificates to the winners of the Library Summer Reading
Program art contest, Jessica Rucco, Jessica Holmes, Meaghan Fritz and Nathaniel Hopkins.
Councilman Jim Hawkins presented a plaque to Fire Chief Williams, honoring him as "Fire Officer of
the Year" in the State of Georgia. Chief Williams was selected for the award by Insurance Commissioner
Tim Ryles and Councilman Hawkins congratulated him for the recognition he has earned through
accomplishments in his department.
Councilman Pete Wood read a resolution for "Georgia Appreciation Week", October 17-23, 1993.
Councilman Bill Scoggins read a resolution regarding "Unfunded Mandates" which will be forwarded to
the Georgia Municipal Association. Similar resolutions have been adopted by the City and sent to State
and Federal offices.
PUBLIC HEARINGS:
(A) Agent change - retail pouring of beer and liquor - Buffalo Bob's Original Wings, 4924 South Cobb
Drive
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Bob Thomson stated that Donna Marie Nelson has applied as the new licensee for Buffalo Bob's Original
Wings on South Cobb Drive. The restaurant is also requesting approval of a license to sell distilled
spirits. A liquor pouring license was previously granted, but due to fmancial problems, the 1993 license
for liquor sales was not renewed. Since that time business has increased, and the owners now are
requesting a license for the sale of liquor. The Police investigation regarding Donna Marie Nelson found
nothing to preclude the issuance of the license. There was no opposition.
Councilman Wood asked Ms. Nelson if she had ever held an alcoholic beverage license and if she was
familiar with the ordinances of the City. Ms. Nelson said she had never held a license or served alcohol
but had received a copy of the ordinances and understood that she would be the person responsible for
training employees and for any violations that may occur. Councilman Wood said the police report was
favorable and everything appeared to be in order.
Councilman Newcomb stated that at the Thursday night meeting it was noted that the signature of the
owner/applicant was not on the application and also there was some question as to whether or not the
police investigation included Mr. Liss and not just Ms. Nelson. Mr. Liss sated that his sister, also
present tonight, is the main owner and she was fingerprinted and investigated. Councilman Newcomb
stated the application does not appear to be complete according to the information in his packet which
does not include the signature of the owner or any specific information regarding the police investigation
of the owners and suggested that the application be tabled until that information is obtained.
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Councilman Wood asked Attorney Camp if it would be appropriate for Jan Willa Liss, owner, to sign
the application at this time and the answer was yes, and the only question then would be whether or not
she had been investigated. Councilman Newcomb said he personally was not comfortable with approving
the application until we know that Ms. Liss has been investigated and it is unclear from the Police
Department as to whether or not she has been investigated.
Councilman Wood stated that one year ago a complete investigation was conducted when they applied
for their liquor pouring license and after further discussion made a motion the license be approved subject
to proof that the proper investigation was conducted and the application being properly signed by the
owner. Bill Scoggins seconded the motion.
October 18. 1993 meeting - continued
In response to a question from Councilman Newcomb, Ms. Nelson stated that she did not have any prior
experience serving alcohol. Councilman Newcomb asked about their training program and policy of
asking for identification. Ms. Nelson stated that she asked for identification from most all of their
customers and that their normal closing hour was 2:00 a.m.
After further discussion, vote on the motion to approve the license carried 6-1 with Councilman
Newcomb opposed.
FORMAL BUSINESS:
(A) Bid opening - garbage truck chassis for Public Works Department
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Bids were opened, read and recorded as follows:
Fouts Brothers
Peach State
$45,791.00
$44,909.76
Councilman Scoggins made a motion the bids be turned over to the Public Works committee for their
recommendation back to full council. Councilman Cramer seconded the motion which carried 7-0
(B) Bid opening - John Deere 4100 backhoe/loader for Public Works
Bids were opened, read and recorded as follows:
Metrac
Flint Equipment
Forest Services
$60,700.00
$62,237.00
$61,208.00
alternate $61,208.00
Councilman Cramer made a motion the bids be turned over to the Public Works Committee for their
recommendation back to full council. Councilman Scoggins seconded the motion which carried 7-0.
(C) Bid opening - jet truck for Public Works
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Bids were opened, read and recorded as follows:
Adams Equipment
Enviroquip
$66,534.00
$76,485.00
Councilman Wood made a motion the bids be turned over to the Public Works Committee for their
recommendation back to full council. Councilman Hawkins seconded the motion which carried 7-0.
(D) Validate petition to annex property at 2528 Davis Drive
Bob Thomson stated that James W. and Sarah W. Fain have requested annexation of their home at 2528
Davis Drive, located in Land Lots 519 and 562 of the 17th District, 2nd Section, Cobb County, Georgia
and containing .25 acres more particularly described as follows:
BEGINNING at the intersection of the northern right of way of Hawthorne Avenue with the western right
of way of Davis Drive; thence northerly along said right of way of Davis Drive a distance of 140 feet
to a point, said point being the POINT OF BEGINNING; thence westerly a distance of 140 feet to a
point; thence northerly a distance of 75 feet to a point; thence easterly a distance of 140 feet to a point
on the western right of way of Davis Drive; thence southerly along said right of way of Davis Drive a
distance of 75 feet to the POINT OF BEGINNING.
Councilman Scoggins made a motion the petition be validated and the public hearing set for November
15, 1993. Councilman Jim Hawkins seconded the motion which carried 7-0. --
(E) Appointment to Clean City Commission - Ward 1
Councilman Patrick made a motion that Joann Cowen of 2046 Farmstead Road be appointed to the Clean
City Commission representing Ward 1. Councilman Hawkins seconded the motion which carried 7-0.
October 18. 1993 meeting - continued
(F) Ratify decision of Hearing Officer - 2589 South Cobb Drive
Bob Thomson stated that a hearing was conducted by the City's Building Hearing Officer concerning the
fmdings of fact on property located at 2589 South Cobb Drive, Land Lot 345, Parcel 25, District 17, 2nd
Section, known as Vittles Restaurant. The owner of record for the property is Howard-Adam
Management; Principal, Mr. Saul Becker. The order of the Hearing Officer was that this property be
secured by chain link fence within 10 days and security of the fencing to be checked regularly by the
owner of the premises; also ordered that if the owner does not obtain fmancing to rehabilitate the
structure within 45 days, the structure shall be demolished.
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Councilman Cramer made a motion the decision of the Hearing Officer be ratified and that council uphold
the fmdings of fact pursuant to O.C.G.A. 41-2-7 through 41-2-17 with respect to this particular property.
Councilman Scoggins seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS:
Georgia Emission Testing Company requested a 6 month permit for an emission station to be located at
2400 Atlanta Road. Councilman Hawkins made a motion the permit be approved. Councilman Wood
seconded the motion which carried 7-0.
International House of Pancakes requested a permit for new construction at Loehmann's Plaza Shopping
Center at a total estimated cost of $219,000. Councilman Wood made a motion the permit be approved.
Councilman Hawkins seconded the motion which carried 7-0.
Presto Pizza requested a permit for new construction of a drive through pizza restaurant at Concord Road
at Lusk Drive at a total estimated cost of $75,000. Councilman Hawkins made a motion the permit be
approved. Councilman Cramer seconded the motion which carried 7-0.
BID AWARDS: Nothing to report.
CONSENT AGENDA:
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(A) Approval of October 4, 1993 minutes
(B) Revoke "no parking" zone on Creatwood Trail between the streets of Mackinaw Place and Mohawk
Place
(C) Approval to install a 4-way stop sign at intersection of Hickory Circle and Ashwood Drive
(D) Replace yield sign with stop sign - Barbara Lane at Rollingview
(E) Install stop sign on Jonquil Drive at Com Road
(F) Reduce speed limit from 35 to 25 MPH on Hawthorne Court
(G) Create a "no parking" zone at Hollis Street and Concord Road
(H) Replace yield sign with stop sign - Robin Lane at Parkway Drive
(I) Replace yield sign with stop sign Wooddale Drive at Trailwood Drive
(J) Install stop sign at "tee" intersection - Natalie Lane
(K) Replace yield sign with stop sign - Cimmaron Court at Creatwood Trail
(L) Install stop sign Highgate Drive at Berkley Drive
Mayor Bacon stated that all signage and speed limit changes are at the recommendation of the City
Engineer. Councilman Cramer made a motion the consent agenda be approved. Councilman Lnenicka
seconded the motion which carried 7-0.
COUNCIL INPUT: Councilman John Patrick congratulated the winners of the Summer Reading
Program art contest and called on Laurel Best for an additional report from the library.
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Councilman Ron Newcomb stated that Ken Hildebrandt was excused from the meeting tonight because
he is a new father, and congratulated Ken and his wife. Also, Mary Ann White's father passed away
yesterday and was unable to be at the meeting tonight.
Councilman Newcomb expressed his farewell to Jack Norton, a good friend and neighbor who passed
away recently. Mr. Norton is survived by his wife and children and will be missed by many. Jack was
very involved in his community and appeared before Mayor and Council on several occasions.
Councilman Newcomb said he was always very supportive of him and was responsible for his decision
to seek office.
October 18. 1993 meeting - continued
Councilman Bill Scoggins called on Kathy Barton for a report. Ms. Barton said the rain caused many
of our volunteers to not show up Saturday for the Adopt-a-Highway program but they will be notified
and asked to complete their part of the work program. On November 6, Southern States Transfer Station
will participate in the "Fall Into Recycling Program" and will accept tires, oil, batteries, and all other
items that are normally not accepted for recycling.
Councilman Scoggins called on Vic Broyles for a report from Public Works. Vic reminded everyone that
leaves still need to be bagged for pick up and cannot be mixed with limbs for mulching. So far, the
chipping schedule is working out well. Vic also expressed his appreciation for the street sweeping
program which is helping to keep our city clean.
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Councilman Scoggins asked about the projects on Foster Street and Morris Circle. Vic stated that the
rain had delayed those projects. The water line is complete but landscaping cannot be completed until
we have dry weather.
Councilman Newcomb also asked Vic to go to 2098 Dundee to check on the problem with the sod grass
planted by the City.
Councilman Jim Hawkins called on Larry Williams for a report from the Fire Department. Chief
Williams said the recognition he received tonight was an award for everyone in the City and expressed
his appreciation for the fire training and other programs that they could offer. Chief Williams stated his
department is conducting a fire hydrant maintenance program to test water flow and because of the
advance notice, have received no complaints from citizens.
Also on October 30th, everyone is asked to check their fire and smoke alarm batteries at the same time
clocks are set back one hour.
Councilman Hawkins said he had received complaints from a Lee Street resident about intermittent
problems with muddy water and thought it might be from the hydrant flow. Chief Williams said they
have not done any testing in that area recently, and that could not be the cause of the problem. Vic
Broyles said they had recently tied those lines together with a 6" main which should take care of any silt
or sedimentation in the water.
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Councilman Cramer made a motion the rules be suspended to vote on an item not on the agenda.
Councilman Lnenicka seconded the motion which carried 7-0.
Councilman Cramer made a motion that we reject all bids received for carpet for the Community Center
and that we re-bid for prices to re-carpet rooms 1, 2 and 3. Councilman Scoggins seconded the motion
which carried 7-0.
Councilman Cramer called on Steve Ciaccio for a report from the Parks Department. Steve said the
employee picnic Saturday was a success and reminded everyone of the Arts and Crafts Festival October
23-24. The Halloween Carnival will be October 31 from 5:00 to 8:00 p.m. at the Community Center.
Councilman Wade Lnenicka called on Stanley Hook for a report from the Police Department. Chief
Hook stated that two of his officers recently have been conducting bike safety programs at neighborhood
schools. Chief Hook also reported that Officer Henry Cambron recently made eight arrests in connection
with the vandalism at Nash School.
Councilman Lnenicka read a letter from Calvary Childrens Home expressing their appreciation to Officer
Gene Crawford for the bike helmets donated to the home.
Councilman Lnenicka also expressed his condolences to Mary Ann White and her family over the loss
of her father and congratulations to Ken and Jan Hildebrandt for the birth of their first child.
Councilman Lnenicka said current plans for the East/West Connector are to end at South Cobb Drive.
Last week a letter was received from Jim Croy announcing a number of meetings about the road.
Meetings will be from 5:00 to 7:00 p.m. with a slide presentation from 7:00 to 9:00 p.m. Written
comments may be submitted throughout the evening. The first meeting is tonight at Austell and the
second meeting will be November 2nd at the Smyrna Community Center. Councilman Lnenicka said he
had serious concerns about a major highway ending onto South Cobb Drive and encouraged everyone to
attend one of the meetings or call City Hall or one of the county Commissioners to register their feelings.
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October 18. 1993 meeting - continued
Councilman Wood stated that Jim Triplett could not be here tonight and commended those who planned
the employee picnic for a very nice event.
Mayor Bacon congratulated the Atlanta Braves for a winning season and especially Ron Gant, a Smyrna
resident who had an outstanding season with the Braves. Hopefully he will be back with the Braves for
many years to come because he also takes an active role in the community.
With no further business, meeting adjourned at 8:41 p.m.
A. MAX BACON, MAYOR
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CHARLES PETE WOOD, WARD 7
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