January 3, 1994 Council Meeting
January 3, 1994
The regular scheduled meeting of Mayor and Council was held January 3, 1994 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, Parks and Recreation Director Steve Ciaccio, Police
Chief Stanley Hook, Finance Director Jim Triplett, Fire Chief Larry Williams,
Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Community
Relations Director Kathie Barton, Public Works Director Vic Broyles and
representatives of the press.
... Invocation was given by Grady Love, pastor of Smyrna Presbyterian Church followed
by the pledge to the flag.
CITIZENS INPUT:
Mayor Bacon recognized Luke Johnson from the Marietta Daily Journal and welcomed
him to the meeting.
PUBLIC HEARINGS:
(A) Agent Change - Retail Package of Beer and Wine - A & P #765 -
3205 South Cobb Drive
Mr. Thomson stated the A & P #765 had submitted an application for retail package
of beer and wine and Mr. Robert E. Sharber has applied as the agent for all three
A & P stores listed as items A, Band C on this agenda. He further stated the
Police Department investigation revealed nothing that would preclude the issuance
of this license to Mr. Sharber.
Mayor Bacon asked Mr. Sharber to step forward and also indicated this is a public
hearing and asked if anyone was present in opposition to the granting of this
license request. There was no one present in opposition.
Councilman Hawkins asked Mr. Sharber if he was a resident of Cobb County and Mr.
... Sharber responded he was. Mr. Hawkins asked Mr. Sharber if he was familiar with
the state and city ordinances as they pertain to alcoholic beverage licenses and
Mr. Sharber responded he was. Mr. Hawkins asked Mr. Sharber about their training
program and he responded that they do train their personnel. Mr. Hawkins asked
that the record show that the Police investigation revealed no reason why the
agent change request should not be granted.
Councilman Scoggins asked Mr. Sharber if he was going to be the agent for all the
A & P stores in the City of Smyrna and Mr. Sharber responded that was correct.
Mr. Scoggins then asked if Mr. Sharber held any licenses for any other stores
located in the metro-Atlanta area. Mr. Sharber responded that he did hold the
licenses for ten locations in the City of Atlanta and for Cobb County and
Conyers.
Councilman Lnenicka asked if the City should be concerned that Mr. Sharber would
have any problem properly managing the three stores in Smyrna since he holds the
licenses for so many locations. Mr. Sharber responded there would be no problem
and stated he takes the license holding privilege very seriously.
Councilman Hawkins made a motion that Robert E. Sharber be the agent of record
for the alcoholic beverage license at 3205 South Cobb Drive, A & P #765.
Councilman Scoggins seconded the motion. Motion was approved 7-0.
(B) Agent Change - Retail Package of Beer and Wine - A & P #789 -
2784 Hargrove Road
...
Councilman Patrick asked Mr. Sharber if he knew of any reason that this request
should be withheld since the Police Department investigation revealed nothing
that would preclude the issuance of this license. Mr. Sharber responded that he
could not think of any reason why the license should not be issued.
Councilman Patrick made a motion that the application for retail package of beer
and wine at the A & P #789 location, 2784 Hargrove Road, be approved. Councilman
Wood seconded the motion. Motion was approved 7-0.
January 3, 1994 meeting - continued
(C) Agent Change - Retail Package of Beer and Wine - A & P #188 -
2412 l~tlanta Road
Councilman Hawkins made a motion that Mr. Sharber be named the agent of record
for the A & P #188, 2412 Atlanta Road. Councilman Scoggins seconded the motion.
The motion was approved 7-0.
(D) Agent Change - Retail Pouring of Beer, Wine and Liquor - Red Lobster #392 -
2579 Cobb Parkway
Mr. Thomson stated Ms. Heidi Renner Baltz will be the agent for this
establishment. He further stated that the restaurant has been at this location
since 1982 and the City has had no problems at this location concerning the sale
of alcohol. Mr. Thomson stated Ms. Baltz has indicated she will follow the
provisions of the Smyrna Alcoholic Beverage Ordinance and has been a resident of
Cobb County for nine years; the police department investigation revealed nothing
that would preclude the issuance of this license to Ms. Baltz.
--
Mayor Bacon asked Ms. Baltz to come forward and asked if anyone was present in
opposition to the granting of this request for an agent change. There was no
opposition..
Councilman Patrick asked Ms. Baltz if she was aware of any reasons why the
license should not be granted. Ms. Baltz responded no. Mr. Patrick then asked
Ms. Baltz if Red Lobster had a program in place that would keep the employees
under her supervision aware of the laws of the City of Smyrna as they pertain to
the sale of alcohol. Ms. Baltz responded there was such a program.
Councilman Scoggins asked Ms. Baltz if she had ever held an alcoholic beverage
license before and Ms. Baltz responded yes and currently holds the license for
the Red Lobster in Kennesaw. Mr. Scoggins asked Ms. Baltz if she resides in
Kennesaw and she responded that she does.
Councilman Patrick made a motion that the application for an agent change for the
Red Lobster 392, 2579 Cobb Parkway be approved. Councilman Hawkins seconded the
motion. Motion was approved 7-0.
.."..,
(E) Alcoholic Beverage License Application - Retail Pouring of Liquor -
Las funericas - 1047 Windy Hill Road
Mr. Thomson stated Ms. Martha L. Salazar has applied as the agent for the
alcoholic beverage license for Las Americas. Mr. Thomson further stated Ms.
Salazar has been a resident of Cobb County for four years and the police
department investigation revealed nothing that would preclude the issuance of
this license.
Mayor Bacon asked Ms. Salazar to come forward and asked if there was anyone
present in opposition to the granting of this license. There was no opposition.
Councilman Hawkins stated he understood the governing body had already approved
the restaurant for the pouring of beer and wine and this request is for the
pouring of mixed drinks or liquor. Ms. Salazar responded that was correct.
Mr. Hawkins then asked Ms. Salazar if she understood the ordinance and the
requirements of the City of Smyrna. Ms. Salazar responded she did. Mr. Hawkins
then asked Ms. Salazar if she would have any problems complying with the
requirements of the ordinance and Ms. Salazar responded she would not. Mr.
Hawkins then asked Ms. Salazar to briefly describe the training for the
employees, waiters and waitresses of Los Americas.
....,
Ms. Salazar responded they require all employees to request identification from
everyone.
Councilman Scoggins asked Ms. Salazar if anyone in our license department
assisted her in the application process and did they provide her with a copy of
the ordinance. Ms. Salazar stated they did not assist her as she had previous
experience in holding an alcoholic beverage license but they did provide her with
a copy of the ordinance.
January 3, 1994 meeting - continued
what he does not want to do, if we are to grant this permit tonight, would be to
somehow endanger the zoning of that property that would create, within that
neighborhood shopping district, a general commercial district through use. Mr.
Lnenicka then asked Mr. Camp if this was an item that should be considered or
should it be tabled or is it something that the City should deny.
Mr. Camp responded this would be the only emission inspection station in a non
general commercially zoned area.
..
Mr. Eastham stated that the City government could do anything they want, that
they could grant a temporary permit on any zoning and he felt the only risk would
be if someone down the street came in and asked for the same temporary permit for
an emission station in neighborhood shopping. That's the risk, it isn I t the risk
of this property turning into general commercial because of what you might grant
tonight or table later on. Mr. Eastham stated they would remove all of those
legal problems with the property owners, through an agreement drafted by the City
Attorney and give the city absolute protection on this property.
Mr. Lnenicka then asked Mr. Camp if the City could, in agreement with a property
owner, make an agreement like what Mr. Eastham is talking about that would
preclude him from ever applying for that type of zoning.
Mr. Camp responded, no sir.
Mr. Eastham then stated he was not asking that it be precluded from offering the
property for redevelopment, just that if he does, the mere issuance of this
temporary permit for a three and a half or four month use not be used against the
ci ty and he has agreed to that. Mr. Eastham went on to explain that there would
only be 25 - 30 cars a day, the business is a drive-through type business and
there would be very limited traffic and feels this business is more in line with
neighborhood shopping because it is not a booming business like some of the ones
on Cobb Parkway.
...
Councilman Newcomb stated he shares Mr. Lnenicka I s concerns that the neighborhood
shopping zoning has very distinctive, very low-key kinds of uses. He further
stated he agrees with Mr. Lnenicka that there are certain subtle implications if
it is ok for a few months to be a general commercial use, a de facto one, then
that opens up the notion that it is for other times and he feels that this
council has stated, in both the land use plan and the zoning and previous request
to change the zoning on this piece of property, that neighborhood shopping is the
correct use for that property. He further stated he felt the city should stick
with that and supports Mr. Lnenicka.
Mayor Bacon reminded council that most of the emission inspection stations in the
city are in shopping centers and hopes a resolution can be reached.
Mr. Eastham asked if there is something that needs to be addressed from a legal
standpoint, he would prefer this item be tabled rather than an outright denial
or approve the request subject to the attorney's unilateral blessing through an
agreement as discussed.
Mr. Lnenicka stated he prefers tabling the issue for further review and
discussion among the legal experts as opposed to, from a council standpoint,
delegating council authority to an attorney. He stated he was not sure if that
would be constitutional. Councilman Lnenicka stated he did not want to outright
deny the request and preclude him from being able to present it again but at the
same time feels there are some issues that need to be very carefully considered
and that he does not want to do anything that would endanger the current zoning
on that property. Councilman Lnenicka then made a motion to table this request
... until the next meeting. He further stated if there is anyway to possibly grant
the permit without jeopardizing the zoning, then he would support the request.
The motion was seconded by Councilman Wood. Motion was approved to table the
request 7-0.
January 3, 1994 meeting - continued
BID AWARDS:
(A) Jet Truck - Public Works Department
Councilman Wood stated the Public Works Committee and staff have not completed
their evaluation and analysis of this particular bid and made a motion that this
item be t~)led until the next meeting, January 18, 1994. Councilman Scoggins
seconded the motion. Motion was approved 7-0.
(B) Copier - Fire Department
Councilman Hawkins stated the Fire Committee had met and are recommending the bid
for the copier be awarded to All South, who is the low bidder at $4,665.
Councilman Scoggins seconded the motion. Motion was approved 7-0.
--
(C) Protective Clothing - Fire Department
Councilman Hawkins stated the Fire Committee had met and are recommending the bid
for the protective clothing be awarded to Harold Sales and Service - Globe Brand
- at $464.80. Mr. Hawkins stated they are not the low bid but the brand name
they are bidding on is preferred by our Fire Chief over a brand name that was bid
on by someone else. Councilman Wood seconded the motion. Motion was approved
7-0.
(D) Hydraulic Rescue System ("Jaws of Life")
Councilman Hawkins stated the Fire Committee had met and are recommending the bid
for the Hydraulic Rescue System ("Jaws of Life") be awarded to Harold Sales and
Service for the price of $8,695, which is the low bid and is about $7,500 less
that what had been budgeted for this item. Councilman Wood seconded the motion.
Motion was approved 7-0.
CONSENT AGENDA:
(A) Approval of December 20, 1993 minutes
(B) Set Date for Show Cause Hearing - Sub-Station II - Belmont Hills
Shopping Center
(C) Approval to Request Bids - South Cobb Drive Water Line
(D) Approval to Request Bids - Cemetery Wall
(E) Approval to Request Bids - Carpet for City Hall
(F) Ratify Action in Executive Committee - Deny complaint of
Ricky Alvar McCord & Kenneth D'Haeseleer; Sandra Frazier Kerby;
Lawrence Peyton Brent
...."
Councilman Lnenicka asked if Item 7-B had a date determined for the show cause
hearing.
Mr. Camp indicated the date should be February 7, 1994.
Councilman Newcomb requested that when the business is notified of the show cause
hearing, the notification not specify a single item as the basis for the show
cause hearing but leave it open since there were two or three issues that were
raised in the police officers investigation on site. He prefers that it not be
limited to just the sale of alcoholic beverages on Christmas Day and he would
like it to be open-ended enough to address a couple of other issues that were
raised in the report.
Mr. Camp stated proper procedure would be to hold Item 7-B as a separate item and
accept a motion on that item and approve the other items on the consent agenda -
two motions are needed.
.....,
Councilman Lnenicka made a motion to approve Items 7-A, 7-C, 7-D, 7-E and 7-F of
the consent agenda. Councilman Newcomb seconded the motion. Motion was approved
7-0.
Councilman Lnenicka made a motion that Item 7-B of the consent agenda be approved
and set the hearing date for the first meeting in February (February 7, 1994).
Councilman Wood seconded the motion. Motion was approved 7-0.
January 3, 1994 meeting - continued
Mayor Bacon asked Ms. Salazar if she had been in the restaurant business before
and she responded that she had worked for Mexico Lindo Mexican Restaurant.
Councilman Hawkins asked Ms. Salazar if she was already the agent for Las
Americas and she responded yes. Mr. Hawkins made a motion that Las Americas
Restaurant, 2047 Windy Hill Road, be issued a license for retail pouring of
liquor. Councilman Scoggins seconded the motion. Motion was approved 7-0.
(F) Alcoholic Beverage License Application - Retail Package of Beer and Wine -
Fina Mart - 2539 Old Concord Road
...
Mr. Thomson stated Mr. Izzay Roy Denney has submitted an application to be the
agent for the retail sales of package beer and wine for the Fina Mart at 2539 Old
Concord Road. Mr. Thomson stated Mr. Denney is a res ident of Cobb County and has
resided in Cobb County for ten years and the Police Department investigation
revealed nothing that would preclude the issuance of this license to him.
Mayor Bacon asked Mr. Denney to come forward and asked if there was anyone
present in opposition to the granting of this license request. There was no
opposition.
Councilman Cramer asked Mr. Denney to briefly describe his background as his
employment date with this firm is indicated on the application as November 15,
1993. Mr. Denney explained he had previously worked for an oil company and had
just recently become the manager for the Fina Mart. Mr. Cramer asked Mr. Denney
if he had received copies of both the city and state ordinances pertaining to
alcoholic beverage sales and Mr. Denney replied that he had. Mr. Cramer asked
if Fina Mart had any training program and if Mr. Denney had attended the program.
...
Mr. Denney responded that he had attended the training program and the Fina Mart
has an on-going training program that he will attend. Mr. Cramer suggested that
Mr. Denney card everyone who comes in to purchase alcohol as sting operations are
conducted in the City of Smyrna. Mr. Denney responded that he was aware of that
and that this is the former location of a Circle K business that has been closed
for about 18 months; the new business will reopen January 15 or 20 of 1994.
Mr. Cramer made a motion that the application for retail package of beer and wine
at the Fina Mart, 2539 Old Concord Road, be approved. The motion was seconded
by Ron Newcomb. Motion was approved 7-0.
FORMAL BUSINESS:
(A) Validate Petition to Annex Property - Cumberland Square North Shopping
Center
Mr. Thomson stated Mr. John L. Varner, General Partner of Abernathy Roswell
Development, has requested annexation of the Cumberland Square North Shopping
Center located on Cobb Parkway. He further stated that several months ago, the
City obtained approval from the State to install a traffic signal on Cobb Parkway
at the proposed new entrance for Loehmann I s Plaza Shopping Center and both
shopping centers had previously agreed to annex their property into the City if
signalization could be obtained.
Councilman Patrick made a motion to validate the petition to annex the property
known as Cumberland Square North Shopping Center and set the date for the public
hearing as February 7, 1994. councilman Scoggins seconded the motion. Motion
was approved 7-0.
(B) Appointment to Planning and Zoning Board - Chairman and Wards 3 and 5
III
Mayor Bacon stated he had not had an opportunity to discuss this with Allen
Potter so he would delay the appointment of the Chairman to a future meeting.
Councilman Scoggins made a motion to re-appoint Mr. R. J. McCurry to serve as the
Ward 3 representative on the Planning and Zoning Board. Councilman Wood seconded
the motion which was approved 7-0.
January 3, 1994 meeting - continued
Councilman Cramer made a motion to re-appoint Mr. Jay Wallace to serve as the
Ward 5 representative on the Planning and Zoning Board. Councilman Scoggins
seconded the motion which was approved 7-0.
(C) Appointment to Clean City Commission - Wards 3 and 5
Councilman Scoggins stated he would make his appointment at the next Council
meeting.
Councilman Cramer stated he would make his appointment at the next Council
meeting.
COMMERCIAL BUILDING PERMITS:
(A) Temporary Building Permit - Covered Bridge Emissions - 3252 Atlanta Road
Mr. Thomson stated Covered Bridge Emissions is requesting a temporary six-month
building permit for an emissions station to be located at 3252 Atlanta Road in
the former Crown Service Station location. The estimated cost of construction
is $4,500 and they were located at Jonquil Plaza shopping center last year.
Mr. Jim Eastham was present on behalf of Covered Bridge Emissions and stated they
are requesting permission to use the location at 3252 Atlanta Road for an
emissions inspection location. Mr. Eastham stated he was aware of some of the
legal problems that the City has had in relation to zoning, and respects those
problems. Mr. Eastham stated he would like to propose that the City issue a
temporary permit for a four-month temporary use, which is going to be separate
and distinct from the existing building itself for their own separate and free-
standing covered bridge structure with a tin roof. If there is way we can do
this on the property and protect the city with stipulations, covenants or
agreements with the property owner, who I spoke to this afternoon, he has agreed
to sign any letter that the City Attorney would draft to protect the City.
Councilman Lnenicka stated Mr. Eastham had touched on a lot of issues that are
relevant to this property. He further explained that he had told Mr. McCullough
on the phone a couple of weeks ago and again this past weekend that when the
state mandates a requirement like emissions inspections for automobiles in some
geographic area, it is almost incumbent upon the local government to find ways
to allow the citizens to meet those requirements and feels the City has been very
good in working with these types of stations in allowing them to set up. Some
of the existing business owners in Smyrna would prefer that we not do that
because it takes away business from their establishments that are here all year
long. Mr. Lnenicka further explained that this property had come up for rezoning
about a year and a half ago. It is currently zoned Neighborhood Shopping (NS)
and the definition in Section 7-11 for that reads..."the intent of this section
in establishing the neighborhood shopping district is to provide for the
development of planned shopping centers and related limited retail activities
designed to serve the immediate neighborhood in which such uses are located" and
that is the zoning on the property now. Section 7 -12 General Commercial district
-- the definition for that in part states... "General Commercial district is
comprised l)rimarily of existing commercially developed areas within the City of
Smyrna. It is the intent of this section in establishing the General Commercial
district to preserve existing commercial areas and encourage the continued
concentration of general retail in commercial service activities including those
establishml:mts oriented towards automobile traffic. Such uses normally require
a location that is accessible to large numbers of people and that serves a
substantial portion of the community." Mr. Lnenicka further stated that when
this property came up for rezoning from NS to GC, the City felt that the property
had been used as neighborhood shopping and the future land use map showed it to
be neighborhood shopping. It is kind of an island of commercial area within a
residential and school area and for a number of reasons that zoning was denied.
Mr. Lnenicka stated he did not want to say too much on that because technically
the City is still at risk to be sued for that rezoning. Mr. Lnenicka stated that
his concern is that the emission inspection stations that we have allowed in the
city up to this point have been in general commercial areas; they involve heavy
concentrations of automobile traffic; they're usually on busy streets; they exist
in commercial areas that are already surrounded by other commercial areas and in
those cases it is a use that makes a lot of sense and he feels the city has gone
somewhat out of their way to make them available. He stated he appreciates those
businesses locating in Smyrna because it has helped our citizens. He then stated
....,
--
--
January 3, 1994 meeting - continued
COMMITTEE REPORTS:
Councilman Patrick made an announce that the Library is featuring the needlework
of Jack and Connie Landers and urged everyone to visit the library.
Mr. Patrick then announced that Laurel Best, Library Director, was not present
at tonight's meeting due to the death of her aunt.
Councilman Newcomb stated there was nothing to report from the Personnel Director
or the City Engineer. He then expressed his appreciation to Chief Hook for
... allowing him to ride with Officer Randy Black during his shift on New Year I sEve.
Councilman Scoggins asked Kathie Barton about the recycling date for the
Christmas trees. Ms. Barton explained January 8, 1994, is the date for the
recycling of the trees. The Christmas trees will be accepted at the Southern
States Transfer Station - not the recycling center - and seedlings will be given
out while supplies last.
Ms. Barton then announced that four local schools have been awarded mini -grants -
- Campbell High School, Teasley Elementary School and two grants to LaBelle
Elementary School in the amount of $200 each. These funds will be used for
programs educating the young people about environmental activities.
Councilman Hawkins called on Chief Larry Williams who stated that 924 children
were helped during the Christmas season due to the efforts of Lt. Steve Gaddy who
was recognized as the December employee of the month.
Councilman Hawkins stated he was very pleased with the pending annexation of the
Cumberland Square North Shopping Center.
Councilman Cramer called on Steve Ciaccio for a report on the Parks Department.
Councilman Lnenicka recognized Ms. Ann Kirk who is the representative for the
Ward 6 Clean and Beautiful Commission who is here tonight.
..
Councilman Lnenicka stated he had ridden with some of the police officers on
December 28 and he appreciated the opportunity to do so and commended them for
their professionalism and the comradery among the officers and for their concern
with the health and welfare of the citizens of Smyrna.
Councilman Lnenicka thanked the Mayor and Council for the approval of the
addition of two positions in the police department. One is a detective position
for the primary purpose of child abuse investigation.
Councilman Wood asked Jim Triplett for a report from the Finance Department. Mr.
Triplett reported that the final version of the audit report was printed last
week and they will be made available to anyone interested in reviewing them. The
City received a limited number of copies but additional copies have been ordered.
With no further business, the meeting adjourned at 8:43 p.m.
A. MAX BACON, MAYOR
~~ o1L 4t
, l "-II ,. 14.~
MELI DA DAMERON, ~y CLERK
....
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- t C ...J
RON NEWCOMB, WARD 2
,J~J ~
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CHARLES PETE WOOD, WARD 7