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January 7, 1991 Council Meeting January 7, 1991 The first meeting of the new year was held pursuant to the Charter on January 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. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Community Relations Director Kathy Barton, Parks and Recreation Director Sherry Reavis, Finance Director Emory McHugh, Communications Director steve Ciaccio, Police Chief Stan Hook, Public Works Director Vic Broyles, Fire Chief Larry Williams, Library Director Laurel Best, City Engineer I(en Hildebrandt and representatives of the press. Invocation was given by Harris Fennell, pastor of Smyrna Assembly of God, followed by the pledge to the flag. ... Mayor Bacon announced that John Patterson's mother had passed away over the weekend and he would not be present for the meeting. CITIZENS INPUT: Nothing to report. PUBLIC HEARINGS: (A) Annexation of 4 acres on Oakdale Road - James A. Freeman There was no opposition to the annexation. Mr. Freeman stated he was bringing all of his property in this area into the City as he became contiguous and this was the second parcel to be annexed. With little discussion John Steely made a motion the property be annexed into the City and made a part of Ward 7. Jim Hawkins seconded the motion which carried 7-0. (B) Rezoning of 4 acres on Oakdale Road from R20 to Light Industry James Freeman requested the rezoning of this parcel just annexed at the southeast intersection of Oakdale Road and Mitchell Road for new construction of office warehouse space. There were several opposed and two were sworn in with Mr. Freeman. -- Mr. Freeman said he had been they are very interested in site. This is a desirable have access from Oakdale office/warehouse development Heavy Industrial zoning, with working for some time with Airborne Express and building a regional distribution center on this location since it is a corner lot and they will and Mitchell Road. Adjacent to this is an and the property is surrounded on three sides by R20 to the south. Mr. Charles Roddy, a annexation or zoning property would also neighbors and there Drive. resident of Corley Drive said he was opposed to any by the City in this area and was concerned that his be annexed. Mr. Roddy said this property joins his is no commercial development on this end of Oakdale -. Mr. Morgan Parham, President of Johnston Crossing Homeowners Association said they are opposed to the zoning because of the additional traffic that will be generated. The only ingress or egress from their subdivision is from Oakdale Road, approximately 2500 feet from this proposed site. These homes are relatively new and commercialization of this area will result in devaluation of their homes. Safety is also a factor and since this is a package delivery service this site would not be appropriate. The bridge at Buckner Road is very narrow and Oakdale Road in this area is very hilly and curvy; not suitable for heavy truck traffic. Also, there is a hill and blind curve at the site near the entrance to Nickajack Park. Mr. Parham said if the zoning was changed, they felt it would be necessary to improve the road and bridge, and also install a traffic light on Highlands Parkway at Oakdale Road. Mr. Freeman said there would be about 30 trucks operating from this location and they would, more than likely, use Oakdale Road to Highlands Parkway and I-285 for their normal route of travel. Mr. Freeman said there also seems to be some confusion about the site distance. If you are coming out of Nickajack Park you are below grade and cannot see, but this driveway will be above grade with good site distance. Office/Institutional zoning would not be practical for this property since the surrounding area is zoned Heavy Industrial and it is a transitional area. January 7, 1991 meeting - continued Mr. Tyrone Yocum was the Johnston Crossing tonight seems to be county and if approved, sworn in by Mr. Camp and said he was also a member of Homeowners Association and said the proposed zoning contradictory to the land use plan developed by the would lead to future developments of this type. Pat Seay, President of the South Cobb Civic Association was sworn and said she was sympathetic with the homeowners in Johnston Crossing since there is no other means of access and many of them bought their homes without knowing that it is a transitional area. Mrs. Seay asked that their safety be considered in the decision. John Steely said he wanted to be fair to everyone involved but did not see how this development could harm the residential areas. This is a transitional area and the needed road improvements will be made in the future. John Steely made a motion the zoning be approved as requested from R20 to Light Industrial, seconded by Bill Scoggins. """ Wade Lnenicka said he would support the motion with some reservations and felt we should have Ken Hildebrandt talk with the County about road improvements on Oakdale and thought the residents had made some good points about safety. Also, Mr. Lnenicka asked that the Engineer look carefully at site distances, acceleration/deceleration, turn lanes, etc. Possibly, there may be funds available in the 1% road tax program that would allow us to make some improvements. Mr. Lnenicka also requested that Mr. Freeman to work with the City on some things that might be needed to benefit himself and the residents of the area, and try to be good neighbors. Vote on the motion to approve carried 7-0. (C) Annexation of 2608 Argo Drive - Eddie Sellars There was no opposition from the audience. Bill Scoggins said the legal description for this annexation was read into the minutes of the December 10, 1990 meeting and made a motion it be approved as requested, and made a part of Ward 3. Bob Davis seconded the motion which carried 7-0. (D) Annexation of 2.9 acres on Atlanta Road - Frank Uzzel ..." There was no opposition from the was validated at the December annexation be approved and made motion which carried 7-0. audience. 10, 1990 a part of Wade Lnenicka meeting and Ward 2. Kathy stated the petition made a motion the Jordan seconded the (E) Abandonment and conveyance of Wright Street right of way Bill Scoggins stated a portion of Wright Street as shown on the tax plats on the north side of Walker Street was never opened or used and the two adjacent property owners have requested that the right of way be conveyed to them. There was no opposition and Mr. Scoggins made a motion that portion of Wright Street located in Land Lot 593 and running north approximately 145 feet from Walker Street be abandoned and conveyed to the adjacent owners, Mrs. Ruth Bobo and Mr. J. L. Whelchel, provided they pay surveying and legal expenses. John Steely seconded the motion which carried 7-0. John Steely made a motion the rules be suspended to allow an application for annexation to be read into the minutes. Jim Hawkins seconded the motion which carried 7-0. John Steely stated that Lowe's building at South the petition as follows: Ed Cash is requesting the annexation of the old Cobb and South Cobb Industrial Blvd. Mr. Camp read 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 described as follows: ..." All that tract or parcel of land lying and being in Land Lot 691 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: January 7, 1991 meeting - continued BEGINNING at an iron pin found at the corner formed by the intersection of the southwesterly side of the right of way of South Cobb Drive and the southeasterly side of the right of way of Seaboard Coast Line Railroad; running thence south 75 degrees, 34 minutes west along the southeasterly side of the right of way of Seaboard Coast Line Railroad, a distance of 351.1 feet to an iron pin; running thence south 14 degrees, 26 minutes east a distance of 453.1 feet to an iron pin; running thence north 76 degrees, 39 minutes east, 570.1 feet to an iron pin; running thence north 37 degrees, 55 minutes east a distance of 35.3 feet to an iron pin located on the southwesterly side of the right of way of South Cobb Drive; running thence north 40 degrees, 41 minutes west along the southwesterly side of the right of way of South Cobb Drive, a distance of 100 feet to a point; continuing thence north 43 degrees, 35 minutes west along the southwesterly side of the right of way of South .. Cobb Drive a distance of 100 feet to a point; continuing thence north 43 degrees, 56 minutes west along the southwesterly side of the right of way of South Cobb Drive a distance of 76.7 feet to an iron pin; continuing thence north 44 degrees, 44 minutes west along the southwesterly side of the right of way of South Cobb Drive a distance of 230 feet to an iron pin located on the southeasterly side of the right of way of Seaboard Coast Line Railroad and the point of beginning, said property containing 5.0753 acres and being described in accordance with plat of survey made for Shea/Rustin, Inc., dated March 27, 1970 by Ernest L. Boggus, Registered Surveyor, and recorded in Plat Book 49, Page 143, Cobb County Records. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the record title holders of the land described above: sic. M. CASH, SOUTHERN STATES LANDFILL, INC. John Steely made a motion the petition be validated and the public hearing set for February 4, 1991. Jim Hawkins seconded the motion which carried 7-0. (F) Abandonment and conveyance of portion of Jane Lyle Road (a.k.a. Cumberland Drive) Wade Lnenicka stated that when Phase II was approved for Post Vinings, the City agreed to a right of way swap of a portion of Jane Lyle Road for a new ... road to be aligned with Ridge Road. This action tonight is to officially abandon the existing Jane Lyle Road in exchange for the new roadway which would generally run along the south and east sides of the Post property into Atlanta Road and aligned with Ridge Road. The existing Jane Lyle will not be closed until the new road is completed and opened. There were several people in the audience who wished to speak and were sworn in by Mr. Camp. Gerald created improving for fire Cumberland Sams said he with the new that turn. trucks to Drive. was concerned with the very road alignment and there The configuration of the road make the turn and get to sharp turn that would be is no provisions now for would make it impossible the homes at the end of Gene Johnson said he also lives on Cumberland Drive and felt the City should have looked into this matter before making a decision to close the road. Mr. Johnson also stated that construction of the road as shown on the plans would not allow access for emergency vehicles. Ralph Hancock said he originally planned to come tonight to speak in favor of the road closing but was surprised that council had not seen the latest plans for the road. Mr. Hancock said he knew the plans for the road had been revised three different times and the County Engineer would not accept the original set of plans submitted by Post Properties. .. After further discussion Jim Hawkins suggested that this hearing be postponed to allow time to meet with the City Engineer. Wade Lnenicka made a motion the hearing be tabled to the January 21, 1991 meeting. Bill Scoggins seconded the motion which carried 7-0. (G) Variance request - second building on one lot at 582 Concord Road Cobb General Hospital requested a variance to allow construction of a second building on one lot and reduce the side yard setbacks from 50 to 35 feet on one side and 50 to 10 feet on the other side yard. The two buildings would be connected with a covered walkway. There was no opposition. January 7, 1991 meeting - continued Richard Calhoun represented Cobb General and stated this building would be behind the existing medical office building. Letters were received from adjoining property owners stating they had no objections. This will be a 5000 square foot building initially with the size increased as shown on the drawing according to the demand for additional space. John Steely made a motion the variances be approved as requested. Kathy Jordan seconded the motion which carried 7-0. (H) Privilege license Concord Road liquor, beer and wine pouring - The Timbers, 730 John G. Nusekabel owner and agent. opposition. requested The police a pouring license for the Timbers as the new investisation was favorable and there was no -- Mr. and and Nusekabel said he had received a copy of the alcoholic beverage would comply with it. His business does not cater to a younger their policy is to card anyone who looks to be under 30. ordinance age group After further discussion Jim Hawkins made a motion the license be approved. Bill Scoggins seconded the motion which carried 7-0. (I) Privilege license management change - liquor, beer and wine pourlng - American Legion Post 160 Bill Parvichio applied for the pouring license for the American Legion Post 160. The police investigation was favorable and there was no opposition. Mr. Parvichio said he had been a member for 16 years and as a member of the executive board, would be on the p~emises frequently. Also, he had read the ordinance and understood he would be responsible for any violations. Jim Hawkins said this is probably the oldest pouring license in the City and made a motion the transfer be approved. Jack Shinall seconded the motion which carried 7-0. (J) Business license - Sax Jewelry & Pawn, 3209 South Cobb Drive -- Mr. Hassan-Hans Bayani requested located at 3209 South Cobb Drive. there was no opposition. a business license for Sax Jewelry & Pawn The police investigation was favorable and Mr. Bayani said he currently operates a jewelry shop at this location and while he was also requesting a pawn license, would primarily deal in new and used jewelry. During discussion Mr. Bayani said he was a resident of Fulton County and not a county resident as required by the Code. Jim Hawkins stated Mr. Bayani did not meet the basic requirements of the Code and for that reason, made a motion the license be denied. Bill Scoggins seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Approval to increase deposits for water, sewer, sanitation Jim Hawkins said that for quite some time our water department has been receiving complaints from property owners that our $60 deposit is not sufficient to cover an average delinquent bill. The Finance and Administration committee met and has recommended an increase of customer deposits. Mr. Hawkins made a motion deposits for residential water and seer service be increased from $60 to $75, and for sanitation only from $10 to $25. Commercial sanitation deposits will also increase from $50 to $150 with water and sewer deposits remaining $150. Wade Lnenicka seconded the motion which carried 6-1 with Jack Shinall opposed. -- (B) Approval of banking services agreement Jim Hawkins made a motion the banking services agreement be tabled to the next meeting to allow more time for review by the committee. Jack Shinall seconded the motion which carried 7-0. BID AWARDS: (A) Lighting contract January 7, 1991 meeting - continued Jim Hawkins made a motion the lighting contract for the new Community Center/Library project be awarded to Ask-Kay Electric at $106,749, the second low bid. Wade Lnenicka seconded the motion which carried 7-0. (B) Landscaping contract Jim Hawkins made a motion the landscaping contract be tabled to the next meeting.Bill Scoggins seconded he motion which carried 7-0. (C) Furnishings contract ... Jim Hawkins made a motion the furnishings contract be tabled to the next meeting. Kathy Jordan seconded the motion which carried 7-0. (D) Service truck for water/sewer department \\1 Jack Shinall made a motion the bid be awarded to Fouts Brothers, the only bid received at $42,843.00. Kathy Jordan seconded the motion which carried 6-0 with Bill Scoggins abstaining. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Request bids to resurface Jonquil Park tennis courts (B) Approval of December 17, 1990 minutes Jack Shinall made a motion the consent agenda be approved. Kathy Jordan seconded the motion which carried 7-0. SHOW CAUSE HEARINGS: Mayor Bacon stated that sting operations were recently conducted in the City and several cases made. These operations are conducted by our Police Department randomly, at the request of the County Solicitor and County beverage control office as a result of complaints they have received. ... (A) Mr. "T" Bottle Shop, 1184 Concord Road License holder Edward Thomas, Sr. was sworn in with Captain Kirby and Landria Johnson, clerk. Captain Ted Kirby stated that on November 28, 1990, a 19 year old white male purchased alcoholic beverages at Mr. "T" Bottle Shop from the clerk, Landria Johnson, after checking the drivers license marked "under 21". The clerk was advised of the violation and State warrants issued. Mr. Johnson said when he asked for the license, he made an honest mistake and miscalculated the date of birth and did not think the license was stamped as being "under 21". After hearing all testimony, Jim Hawkins made a motion that the license for Mr. "T" Bottle shop be suspended for 30 days, with a stipulation that the suspension may be purged through payment of $1,000 fine. Bill Scoggins seconded the motion which carried 7-0. (B) Freddie Mac's Package Store, 4924 South Cobb Drive License holder Freddie Douglas Mack was sworn in with Barbara Ann Patrick, clerk ... Captain Ted Kirby stated that on November 28, 1990, a 19 year old white male purchased alcoholic beverages at Freddie Mac's Package Store from the clerk, Barbara Ann Patrick, who failed to ask for any identification. The clerk was later advised of the violation and State warrants issued. Mr. Mack said Ms. Patrick was a new employee and still in training when the sale was made. Since that time, he has spent more time with her to be sure she understands the ordinance and has also instructed her to card everyone who enters the store. After hearing all testimony, John Steely made a motion the license be suspended for 30 days, with a stipulation that the suspension may be purged through payment of a $1,000 fine. Jim Hawkins seconded the motion which carried 7-0. (C) South Cobb Package Store, 2415 South Cobb Drive January 7, 1991 meeting - continued License holder Terry Anderson was sworn in by Mr. Camp. Captain Ted Kirby stated that on November 28, 1991, alcoholic beverages were sold to an 18 year old white male at South Cobb Package, by the clerk, Funmiley Koya, who failed to ask for identification. The clerk was later advised that he had sold to a minor and that State warrants would be issued the following day. Ms. Anderson stated she was not at the store when the sale was made and although she had no substantial evidence that sales had been made to a minor, Mr. Koya had been terminated. After hearing all testimony, Kathy Jordan made a motion the license be suspended for 30 days with a stipulation that the license may be redeemed through payment of a $1,000 fine. Wade Lnenicka seconded the motion which carried 7-0. ... (D) Fitzgeralds Convenience Store, 2096 Atlanta Road Janice Ferguson and Paul Thomazewski were sworn in by Mr. Camp. Captain Kirby stated that on December 5, 1990 a clerk at Fitzgeralds sold alcoholic beverages to an 18 year old white male after checking a paper drivers license, with no picture. The clerk was later advised that she hold sold to a minor and that State warrants would be issued the following day. Ms. Ferguson said this clerk has already been terminated and while they felt they had a very good training procedure, their policy would now be to not hire anyone under 21 years of age in hopes that the added maturity level would make them more aware of the seriousness of selling to a minor. After hearing all testimony, Kathy Jordan made a motion the license be suspended for 15 days, with a $1,000 fine since this is a second offense. Bill Scoggins seconded the motion which carried 7-0. (E) Rackem & Roll, 3231 South Cobb Drive Mayor Bacon stated that on December 17, 1990, citations were issued to James Larry Wright, agent for the license at this location and Tammy Hardigree, a waitress, for selling to a minor. These arrests were not a result of the sting operation, but through complaints that have been received by the police department in recent months. ... Mr. Wright and Detective Tony Maloney were sworn in by Mr. Camp. Detective check he was under identified alcohol and Maloney said that on the evening of December 17th during a periodic questioned a young man leaving Rackem & Roll who admitted that he age and that he purchased beer from the establishment. He the waitress as Tammy Hardigree, who later stated she had sold the had seen him drinking there before, so she assumed him to be 21. Mr. Wright said the waitress had only been employed 3 days and she thought she had checked the young man's identification. Mr. Wright said they have now raised the age limit of the custorners to 21 and have also hired someone to stay at the door and check ID's of everyone entering. Also, they have hired an off duty police officer to work on Friday nights. The waitress was not terminated because he felt she was doing a good job and there was no intent on her part. Tammy Hardigree was sworn in and stated it was crowded on the evening in question and being a new employee, she was nervous. Since this incident, however, she now cards everyone before making a sale. Larry Ellison was also been there a the waitress sold to sworn and stated he purchased beer that evening and had couple of times before. On the evening of December 17th, him without asking for identification. ... After further testimony Jim Hawkins made a motion the license be suspended for 15 days and that Mr. Wright be fined $1,500. Jack Shinall seconded the motion which carried 5-2 with Wade Lnenicka and John Steely opposed. (F) Oasis Bottle Shop, 3181 South Cobb Drive January 7, 1991 meeting - continued Mayor Bacon stated the package license for Oasis Bottle Shop was suspended December 20, 1990 for the violation of making unlawful deliveries and failure to purchase from properly licensed wholesalers. A temporary restraining order was filed by Mr. Gulla and they were allowed to re-open pending the show cause hearing tonight. On December 17, 1990, Captain Farmer observed Mr. Gulla arriving at the store and removing several cases of liquor from his car, a violation of state and local statues. Mr. Camp administered the oath to Mr. Gulla and Captain Farmer. Mr. Ernest Brookins represented Mr. Gulla and stated if acceptable, he would like to enter a nolo plea, state a prima facie case and submit to the maximum fine of $1,000. Captain Farmer stated that since the initial arrest there had ... been several other violations that the Mayor and Council should be aware of. Attorney Camp said we could not count against Mr. Gulla any actions that we have not advised him of and if there are further accusations or evidence it would be proper to ask for a continuance. Mr. Brookins stated his client has criminal charges pending in state court and he did not want him to incriminate himself further by addressing anything other than the issues he was apprised of, and requested this hearing be continued until after the state court hearing has been disposed of. After further discussion Jim Hawkins made a motion this hearing be continued for 30 days. Bill Scoggins seconded the motion which carried 7-0. COUNCIL INPUT: Wade Lnenicka gave a library report and said he has received a lot of complaints about people parking their cars on their front lawns and felt it de-valued the neighborhoods. Mr. Lnenicka asked everyone to use their driveways. Bill Scoggins reported the first free winter concert will be this Friday at 7:30 p.m. in the Wills Educational building gymnasium. ... Jim Hawkins said for the downtown contractors were time we thought we he had received several calls about the first change order re-development approved last meeting. Mr. Hawkins said the told not to bid saLes tax in their quotations since at that would be tax exempt. Jack Shinall consider the program seems participating. stated that two weeks from tonight we would have the hearing to closing of Bank street. Mr. Shinall said the pilot recycling to be successful and he was pleased with the number of people John Steely reported that North Cooper Lake Road has now been closed at the railroad tracks and warning lights will soon be installed. With no further business, meeting adjourned at 11:00 p.m. ~ J c/~4c~ ... l"