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August 5, 1991 Council Meeting August 5, 1991 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on August 5, 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 Jim Hawkins who was out of town, and Bob Davis. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Public Works Director Vic Broyles, Personnel Director Jane Mears, Assistant Fire Chief James Bivins, City Engineer Ken Hildebrandt, Parks and Recreation Director Sherry Reavis, Finance Director Emory McHugh, Communications Director Steve Ciaccio, Library Director Laurel Best, Community Relations Director Kathy Barton and representatives of the press. Invocation was given by Paul Hanson, pastor of Our Savior Lutheran Church ... followed by the pledge to the flag. Mayor Bacon welcomed Pete Wood to his first meeting. CITIZENS INPUT: Sue Brissey congratulated Pete Wood on his appointment and stated she was pleased to have him as their ward representative. Mrs. Brissey also asked that something be done about the abandoned cars in front of the old Zayres building. Some have tags missing and appear to be inoperable. Jack Shinall said he did not know who the vehicles belong to but we have had no complaints from owners. Mr. Shinall said he did not think the cars were in violation, but he would check into it. George Mercurius said that Saturday, City and marked the beginning of a new Mr. Mercurius commended council on their August 3rd was a historic day in era. The development is beautiful courage and leadership. the and FORMAL BUSINESS: (A) Bid opening - copier for Community Development Bids were opened, read and recorded as follows: .. Sharp Xerox #5034 Accusystems Minolta $4,715.72 $7,416.00 $5,876.00 $5,753.00 Kathy Jordan made a motion the bids be turned over to the Community Development Committee for their recommendation back at the next meeting. Wade Lnenicka seconded the motion which carried 5-0. (B) Amendment to bond schedule John Patterson stated the Municipal Court bond schedule needs to be amended to include the bond amounts for two new State laws that went into effect July 1st. Pete Wood made a motion the bond schedule be amended by adding the following: Operating of sound making devices Open container law $35.00 $50.00 Kathy Jordan seconded the motion which carried 5-0. (C) Amendment to ordinance, Section 14-33, 14-34 (minimum age - billiard rooms) ... John Patterson said there are several establishments in Smyrna that would like to have pool tables for young people and the code currently does not allow anyone under 18 to play. This amendment would eliminate the age restriction except for locations where alcoholic beverages are sold. Bill Scoggins sections 14-33 sections: made a motion the ordinance be amended by deleting Code and 14-34 in is entirety and replacing with the following new (a) It Admission of persons under 18 years of rooms in which alcoholic beverages are shall be unlawful for any person under age to billiard sold the age of 18 years to Sec. 14-33. August 5, 1991 meeting - continued play billiards in, or for any other purpose to enter or remain in, a billiard room in which beer, wine, or alcoholic beverages are offered for sale. This subsection shall not apply to persons under 18 years of age who are accompanied by a parent or guardian or who possess a written permit from a parent or guardian, which permit is witnessed by a notary public with seal. (b) opinion years, produce In the event that the proprietor of a billiard room is of the that any person desiring admission thereto is under the age of 18 he shall require such person to certify his age in writing or to a legal permit. Sec. 14-34. Posting of placard as to admission of minors ..., Every licensee under this chapter shall post in the room where billiard tables are operated a placard with the language of Code Section 14-33 conspicuously written thereon for the information of his patrons. Wade Lnenicka seconded the motion to amend the ordinance which carried 5-0. (D) Amendment to ordinance, Sect. 6-102 (display of American flag) John Patterson stated this amendment should clear up any ambiguity that exists and will allow businesses or individuals to fly flags without regard to number. Jack Shinall made a motion the ordinance be amended by deleting Section 6-102 and replacing with the new section. Sect. 102. Special exceptions. Notwithstanding anything contained herein to the contrary, official flags, emblems, public notice, regulatory, traffic signs and similar devices of federal, state, and local governments shall be permitted in all zoning districts, without regard to number of such devices. Bill Scoggins seconded the motion to approve which carried 5-0. ..., (E) Set date for show cause hearing - Sub-Station II John Patterson stated that on June 10, 1991, operator of Sub-Station II in Belmont Hills Section 3-68 (hours of operation). He pleaded Municipal Court and paid a $250 fine. Stephen Connolly, owner and was cited for violation of guilty on July 25th in Jack Shinall made a motion the show cause hearing be set for August 19, 1991. Kathy Jordan seconded the motion which carried 5-0. (F) Validate petition to annex property in LL621, South Cobb Drive M. Porter just south follows: Campbell requested the annexation of property on South Cobb Drive of Cooper Lake Road. Attorney Camp read the legal description as 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 certain property situated and being in Land Lot 621 of the 17th District, 2nd Section of Cobb County, Georgia being Lot 21, more particularly described as follows: .... BEGINNING at a point at the intersection of the southern right of way of Cooper Lake Road with the western right of way of South Cobb Drive; running thence southeasterly along the western right of way of South Cobb Drive 200 feet to a point, said point being the POINT OF BEGINNING; thence southeasterly along the western right of way of South Cobb Drive a distance of 305.9 feet; thence southwesterly a distance of 144.2 feet; thence westerly a distance of 319.5 feet to the west line of Land Lot 621; thence north along the west land lot line of Land Lot 621 a distance of 210 feet more or less; n August 5, 1991 meeting - continued thence southeasterly a distance of 30 feet more or less; thence northeasterly a distance of 175 feet to the point of BEGINNING. WHEREFORE, THE UNDERSIGNED HERBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the record title holders of the land described above: s/M. PORTER CAMPBELL Pete Wood made a motion the petition be validated and a public hearing set for September 3, 1991. Bill Scoggins seconded the motion which carried 5-0. PUBLIC HEARINGS: ... Mayor Bacon announced that item 4(D), closing of Cliff Crest Drive would be removed from the agenda at this time. (A) Business license request - pool tables for Sparkles Skating Club, 666 Smyrna Hill Drive John Patterson stated that Dane tables at Sparkles Skating Club. meeting and there was no opposition. Gazaway has requested a license for pool This application was tabled at the last Mr. Gazaway stated that their pool tables are in an open area under adult supervlslon. During school parties and other times that children are at the rink, the tables are normally closed so that only older teens are allowed to use them. Bill Scoggins said the police investigation was favorable and made a motion the license be approved. Jack Shinall seconded the motion which carried 5-0. (B) Horne occupation license - 2660 Hughes Street ... John Patterson said that Sharon Harrison is requesting a license be issued for Noah's Pet Food for office and telephone work only to be conducted from her home. Signatures had been obtained by residents within the 300 foot radius and there was no opposition from the audience. Ms. Harrison said she sells dog treats to pet stores and health food stores that she makes in her home. There are no meat by-products in the snacks and Ms. Harrison said she has been approved by the Department of Agriculture. Jack Shinall said the home occupation ordinance specifically prohibits manufacturing of products and made a motion this item be tabled to the next meeting. Bill Scoggins seconded the motion which carried 5-0. (C) Privilege license - liquor, beer and wine pouring - China Station, 2350 Spring Road John Patterson stated Pointe Shopping Center location. The applicant application be tabled to which carried 5-0. that China Station will be relocating to and are requesting a pouring license was not present and Bill Scoggins made a the next meeting. Pete Wood seconded Plantation for that motion the the motion (D) Closing of Cliff Crest Drive at existing dead end Mayor Bacon stated this item has been removed from the agenda. (E) Annexation of Starvin Marvin Food Store, South Cobb Drive @ Camp Highland Road .. John Patterson the minutes of been made. stated the legal description for this property was read into the July 1, 1991 meeting and all legal advertisements have There was no opposition to the annexation request and Pete Wood made a motion the property be annexed and made a part of Ward 7. Kathy Jordan seconded the motion which carried 5-0. (F) Variance request - additional sign at 765 Windy Hill Road August 5, 1991 meeting - continued John Patterson an additional frontage on There was no stated sign at Windy Hill opposition. that Ms. Martha Weber is requesting this variance for 765 Windy Hill Road. The building has two levels with and separate parking spaces provided for each level. Ms. Weber stated that at one time there were two signs on the property but one was removed when Windy Hill Road was widened. The lower level of the building has been vacant and until now, there has been no need for additional signage. A chiropractor leases the upper level and the lower level has now been leased to Baker Hypnotherapy Center. The existing sign is 4 x 6 and the additional sign will be approximately the same size, well below the maximum size allowed by the code. The portable sign on the property will be removed if this request is granted. ..... After further discussion, Kathy Jordan made a motion the variance be granted. Bill Scoggins seconded the motion which carried 5-0. (G) Variance request - reduce sideyard setback at 3012 Vineyard Way John Patterson stated that Jack Thompson with Bear Properties is requesting this variance to reduce the sideyard setback from 7.5 to 5.2 feet and the front building line from 20 to 14.9 feet. There was no opposition. Gerald McCravey represented Bear Properties and stated a mistake was made when the house was laid out to form footings which caused it to be too close to the side and front building lines. The house was already framed when the error was discovered. The error did not benefit them in any way and did not allow any additional building lots or structures. Mr. McCravey said they now have an engineer giving extremities on all lots and setting pins before the foundation is built. Jack Shinall said this is the second variance in the Chateau Walk development and made a motion the variance be approved with a $100 fine. Kathy Jordan seconded the motion which carried 5-0. BID AWARDS: Nothing to report. CO~~ERCIAL BUILDING PERMITS: ...., (A) Brawners Hospital requested a building permit for a 10 bed addition at a total estimated cost of $220,000. Wade Lnenicka made a motion the permit be approved. Pete Wood seconded the motion which carried 5-0. (B) Smyrna Presbyterian Church at 3130 Atlanta Road requested a building permit for a 10,500 square foot addition at a total estimated cost of $362,733. Wade Lnenicka made a motion the permit be approved. Jack Shinall seconded the motion which carried 5-0. (C) Airborne Express requested a building permit for new construction on Highlands Ridge Drive at a total estimated cost of $700,000. Pete Wood made a motion the permit be approved. Bill Scoggins seconded the motion which carried 5-0. (D) Ridge Wood which Electro-Air requested a building permit for construction at 500 Lake Drive in Highlands Park at a total estimated cost of $500,000. Pete made a motion the permit be approved. Bill Scoggins seconded the motion carried 5-0. (E) Randall H. recording studio estimated cost approved. Kathy Bugg requested a building permit for construction of a on Powder Springs Street behind the car wash at a total of $178,000. Jack Shinall made a motion the permit be Jordan seconded the motion which carried 5-0. ...., CONSENT AGENDA: (A) Amendments to FY91 budget (B) Approval of July 15, 1991 minutes (C) Approval of July 16, 1991 minutes (D) Rename Hamby Street @ Atlanta Road to Powder Springs Street (E) Approval of 4-way stop at Village Green Circle/Hamby/Powder Springs Jack Powder Atlanta Shinall said when the new complex was built and the streets named, Springs ended at Village Green Circle and did not run through to Road. Hamby street has always been a short connecting street between August 5, 1991 meeting - continued Bank and Powder Springs and has never extended to Atlanta Road. For that reason, it was decided to re-name Hamby Street and keep the identity of Powder Springs at Atlanta Road. Mr. Shinall made a motion the consent agenda be approved. Kathy Jordan seconded the motion which carried 5-0. COUNCIL INPUT: Mayor of our opening. everyone heads of Bacon said that Saturday, August 3rd was the biggest day in the history city and it is estimated that up to 20,000 people attended the grand It was a very successful event and we now have a downtown that can be proud of. Mayor Bacon thanked the employees and department the City for their hard work before and after the event. ... Mayor Bacon congratulated the Rhyne Park 16 and under girls for winning the State softball championship on Saturday in Gainesville. Mayor Bacon also expressed his appreciation to Post Properties for their donation of $250,000 to the City for the landscaping at the community center. John Williams has been a supporter of the City for many years. Wade Lnenicka concerned about was decided to should be done. said the neighbors at the end of Cliff Crest Drive were driveways, signs, landscaping, etc. and for that reason it postpone the street closing until they can agree on what Mr. Lnenicka commended the library staff for their hard work in relocating to the new facility and called on Laurel Best for a report. Mr. Lnenicka also congratulated all department heads for the team effort and thanked them for their part in opening the new facilities. Bill Scoggins said he knew that everyone worked hard but felt the Parks Department certainly deserved a lot of credit. Sherry Reavis gave a report and stated the Community Center hours will be 6:00 a.m. to 11:00 p.m. weekdays, 8:00 a.m. to 11:00 p.m. Saturday and 1:00 p.m. to 6:00 p.m. Sunday. .. Kathy Barton gave a report from the Clean City Commission and thanked the news media for helping publicize the grand opening. Assistant Fire Chief Jimmy Bivins said the new fire station is being bricked and hopefully the building will be ready for occupancy by mid-September. Stan Hook gave a report from the Police Department. Pete Wood said he welcomed the opportunity to represent the 7th ward and appreciated the confidence the Mayor and Council had shown by appointing him. Mr. Wood said he would be available at work or home and would be responsive to the needs of the people of his ward. Mr. Wood said he had received word just before the meeting that Mrs. Rem Bennett, Sr. had passed away this evening and expressed his condolences to the family. The entire council expressed department heads of the City especially to John Patterson. their appreciation for their part in to the the employees and grand opening and meeting adjourned at 8:29 p.m. A. ~ BOB DAVIS, WARD 1 ~~~~~ 'Bttt S NS, W 3 JAMES CHARLES PETE WOOD, WARD 7