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March 6, 1989 Council Meeting The regular scheduled meeting of Mayor and Council was held pursuanL to the Charter March 6, 1989 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 Jack Shinall and Bob Davis who were out of town on business. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. CITIZENS INPUT: A resident of Carolyn Drive commended Animal Control Officer James Griffin for the quick and efficient response to his home last week after his dog was attacked by another dog in his back yard. DEPARTMENT REPORTS: A report was given by Police Chief Everett Little. PUBLIC HEARINGS: (A} Variance - rear yard setback at 570 Windy Hill Road. Kathy Jordan said requesting that his the specified time resubmitted. Kathy Hawkins seconded the a letter from Sanford Phillips had been received today, variance be withdrawn. The letter was not received within period and it will be one year before the variance can be Jordan made a motion the variance be withdrawn. Jim motion which carried 5-0. (B} Rezoning - 2390 Old Spring Road from R15 to General Commercial John Patterson stated that Jimmy Monger with Artcraft Body Shop has recently acquired this property which he would like to combine with his existing business at 601 Windy Hill Road to improve the appearance and usabi.lity of both parcels. This parcel is surrounded on the north by R15, on the east by Limited Commercial, on the south by General Commercial and Limited Commercial and on the west by Limited Commercial. There was no opposition. Kathy Jordan made a motion the property at 2390 Old Spring Road be rezoned from R15 to General Commercial as requested, with stipulations to follow. Bill Scoggins seconded the motion. Jim Hawkins asked the City Attorney if the zoning was approved if it would obligate council to approve the variances needed for development. Mr. Camp said he did not think the GC zoning wou~d preclude the use of the property. After further discussion, the motion and second were withdrawn. Kathy Jordan then made a motion the property be rezoned from R15 to General Commercial with the stipulation that the property be re-p~atted to become one lot, and a part of the existing property at 601 Windy Hill Road. Jim Hawkins seconded the motion which carried 4-1, with Wade Lnenicka opposed. (C} Variances - Artcraft Body Shop 2390 Old Spring Road (l} Reduce lot size from 20,000 to 14,400 square feet (2} Reduce side setback from 50 to 25 feet (3} Reduce front setback from 40 to 25 feet (4} Reduce lot width from 100 to 85 feet 601 Windy Hill Road (l} Reduce front setback from 50 to 28 feet (2} Reduce side setback from 10 to 7 feet (3) Reduce side setback from 33 1/3 to 16 feet John Patterson stated that seven variances will be required for the new construction of Artcraft Paint and Body Shop. The variances for the front setback at 601 Windy Hill Road from 50 to 28 feet and the side setback from 33 1/3 to 16 feet are required as a direct result of the Windy Hill Road widening_ The variance for a reduction on the side setback from 10 to 7 feet aligns the building with the existing building and properly places it on the lot. The variance at 2390 Old Spring Road to reduce the ~ot size from 20,000 to 14,400 square feet is no longer necessary with the stipulation in the zoning that the properties be re-platted to combine these two parcels. The variance for 'the lot width and front and side setbacks as 2390 Old Spring Road are for the existing building. March 6, 1989 meeting - continued Jimmy Monger presented plans of the new building and said the four would be on the back of the building and not from the Windy Hill Road Junk cars will not be kept or stored on the property and they generally do not keep vehicles more than 20 days before repairs are completed and claimed by the owners. At the request of the Planning and Zoning Board and council, Mr. Monger also agreed to place a 6 foot opaque fence between his property on the old Spring Road side and the adjacent residential property and extended south along Old Spring Road to the corner of Windy Hill Road. Following lengthy discussion, it was determined that the variances to reduce lot size from 20,000 to 14,400 and to reduce the lot width from 100 to S5 feet could now be eliminated from the re-platting of the two lots and that it would also change some of other setbacks for the development. Kathy Jordan said Mr. Monger has obtained letters of approval from the adjacent property owners affected by these variances and felt chat the development would be an improvement to the property. Kathy Jordan made a mot.ion the following variances be approved to facilitate the development: 1 ) Reduce front setback from 50 to 28 feet 2) Reduce side setback from 10 to 7 feet 3} Reduce side setback from 33 1/3 to 16 feet 4) Reduce side setback from 33 1/3 to 25 feet 5} Reduce rear setback from 30 to 25 feet Bob Betenbaugh seconded the motion. Wade Lnenicka said he supported the motion but did ask Mr. Monger t.o observe any niceties that he could with his neighbors in terms of lighting at night, operation of company vehicles or tow trucks on the residential streets and to obey all the traffic laws. Vote on the motion carried 5-0. (D) Appointment of Superintendent for special election Jim Hawkins made a motion that Linda Smith be appointed Election Superintendent for the homestead exemption special referendum. Bill Scoggins seconded the motion which carried 5-0. (E} Set date of special election, April 4, 1989 John said the County is having an election for their 1% local option sales tax extension on April 4, 19S9 and suggested that same date for our homes Lead exemption referendum. Jim Hawkins said council had requested our legislators to prepare a bill increasing our homestead exemption up to $10,000 for citizens who are 65 years or older, or totally disabled. House Bills 236 and 237 were introduced by Representative Fred Aiken and approved by the legislature. Mr. Hawkins thanked him and all the members of the delegation for acting quickly on this matter. Jim Hawkins made exemption proposal motion which carried a motion be set 5-0. the for special election to consider the homestead April 4, 1989. Bob Betenbaugh seconded the FORMAL BUSINESS: (A} Open bids - voice communication recording system. Bids for the voice recorded as follows: communication recording system were opened, read and Magnasync Milner Business Products Dictaphone $14,675 $21,531 $16,137 $14,796 $32,519 Bob Betenbaugh made a motion the bids be turned over to the Police Committee for their recommendation back to full council. Wade Lnenicka seconded the motion which carried 5-0. (B} Ordinance amendment - Massage Practitioner. John Patterson said this amendment was tabled at the last meeting for further discussion. This amendment involves two primary changes from the existing code, dealing with the hours of operation for Massage Practitioner and to allow a Massage Practitioner to perform massage on persons of the opposite sex. They currently are allowed to perform massage on the opposite sex with a doctors certificate only. It also strengthens the requirements by ensuring that they are a graduate of a school accredited by the Georgia Board of Education and meeting American Massage Therapy Association accreditation or equivalent criteria, and some other stringent requirements to ensure professionalism within this practice. Bill Scoggins said the committee had met several times and concluded that this is a more stringent ordinance and would be for the benefit of the community. Bill Scoggins made a motion the existing Chapter 12 of the code of Ordinances be deleted in its entirety and replaced with the new Chapter 12, Massage Practitioner, as written. Wade Lnenicka seconded the motion. Attorney CamP pointed out ordinance. two minor corrections that should be made in the Jim Hawkins said he would go on record as being opposed to the adoption of this ordinance because he felt there was no need for it and also thought we were leaving ourselves open for another area requiring police enforcement. Mr. Hawkins said he took exception with the statement that this ordinance is more strict than the existing one. The new ordinance requires accreditation by the American Massage Therapy Association and felt there was no such organization at the adoption of our original ordinance. There was a section in the old ordinance setting forth standards for revocation with due cause and that has been dropped from this ordinance; there is no cause for revocation spelled out. Another thing that was particularly disturbing was that the old ordinance requires a minimum age of 18 or older for anyone receiving a massage and the new ordinance has no minimum age requirement. The main thing that is changing in this amendment is by allowing massage on persons of the opposite sex. Mr. Hawkins said these are some examples of why he did not feel the new ordinance is as strict as the existing one but that in itself is not his reason for opposition; he is opposed on general principles. Attorney Camp said the new section 12-11 (b} covering revocation is probably not as clear as it could be and suggested the word "herein" at the end of the sent:ence be deleted to read" . . . to revocation or suspension as prov ided in the Code of Ordinances of the City of Smyrna". Under the privilege license section, the Mayor has the right to immediately suspend any license, with a hearing co follow. After further discussion, Bill Scoggins amended the motion "to change the wording in Section 12-11 (b} by adding at the end of the sentence .....in the Code of Ordinance of the City of Smyrna." Vote on the amendment and main motion carried 4-1 with Jim Hawkins opposed. (C) Sanitation fee increase. John Patterson said the new contract with chambers Development recently went into effect and there were some increases in the roll-off charges and t:he rental charges for those units as a result of the contract. Tonight, it is recommended that the haul charges be increased and not the commercial grid increase that was presented several months ago and vetoed by the Mayor. It is also suggested that we pass on the residential increase that we received as a direct result of the Cobb County tipping fee increase at their landfill. Wade Lnenicka said including the two tabled for further Hawkins seconded the there is still some disagreement among members of council members absent tonight and made a motion the increase be discussion until they can reach a better consensus. Jim motion which carried 5-0. (D} Validate signatures to annex Kentucky Fried Chicken property at Whitley Road @ U.S. 41 Attorney Camp read the application for annexation of 1.221 acres at the northeast corner of Whitley Road and U.S. 41 as follows: 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 Lhat tract or parcel of land lying and being in Land Lot 879 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at the intersection of the northwest right of way line of Whitley Road (50 foot right of way} and the northeast right of way line of Cobb Parkway, U. S. Highway 41 (150 foot right of way}; thence along the northeast right of way line of Cobb Parkway, north 38 degrees 39 minuT.es 33 seconds west a distance of 145.26 feet to a 3/8" rebar; thence along the southerly property line of Humdelo, Inc., north 51 degrees 16 minutes 17 seconds east a distance of 285.00 feet to a 1/2" rebar; thence south 32 degrees 28 minutes 28 seconds east a distance of 242.77 feet to a point; thence south 71 degrees 38 minutes 27 seconds west a distance of 275.99 feet to the point of beginning. The above described tract or parcel containing 1.221 acres as shown on a plat of survey for KFC National Management Corporation prepared by Hensley-Schmidt, Inc. dated November 29, 1988. 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: s/ED & JOSEPH SAVAGE, REAL ESTATE REPRESENTATIVE FOR KFC NATIONAL MANAGEMENT COMPANY Wade Lnenicka made a motion hearing set for April 3, 1989. 5-0. the signatures be validated and the public Jim Hawkins seconded the motion which carried (E) Appo:Lntment to Clean City Commission - Ward 4 Jim Hawkins made a motion Betty Smith, 1054 Ridgecrest Drive be appo:inted to the Clean City Commission representing Ward 4. Wade Lnenicka seconded the motion which carried 5-0. (F) Appointment to Parks and Recreation Commission - Ward 4 Jim Hawkins made a motion that Deborah Clayton be reappointed to the Parks and Recreation Commission representing Ward 4. Bob Betenbaugh seconded the motion which carried 5-0. BID AWARDS: (A} Wade Lnenicka made a motion the bid for the floor saw for the Public Works Department be awarded to BBJ, Inc., at $4,404. Jim Hawkins seconded the motion which carried 5-0. (B) Wade Lnenicka made a motion the bid for the Public Works Department service truck be awarded to Fouts Brothers at $37,150. Jim Hawkins seconded the motion which carried 4-0-1, with Bill Scoggins abstaining. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Parade permit, Rhyne Park Girls Softball - April 1 (B) Approval of February minutes (C} Approval to request bids for 8 new police vehicles Bob Betenbaugh made a motion the consent agenda be approved. Jim Hawkins seconded the motion which carried 5-0. APPEAL OF RECORDERS COURT THOMAS EVERETT WALLACE Bob Betenbaugh stated that Solicitor Mike Whaley was tonight and made a mOLlon the appeal be postponed to the meeting. Jim Hawkins seconded the motion which carried 5-0. Mr. notified of the postponement. here 1989 was COUNCIL INPUT: Wade Lnenicka expressed his support for the County's 1% local. option sales tax extension which will be used only for road improvements. Jim Hawkins also supported the sales tax extension and agreed the money should be used for road improvements only and not a new civic center. Kathy Jordan said she had forgotten about the money previously budgeted to get our emergency outdoor warning sirens operational, but was thankful for them last week when we had tornado warnings. Mrs. Jordan suggested that we include a note in our water bills to let people know about the warning systems. Bob Betenbaugh reported on parks activities and stated that Gladys Causey, a Police Department employee is at Emory Hospital for an angioplasty and wished her wel.l. with no further business, meeting adjourned at 8:56 p.m. A. MAX BACON, MAYOR BILL BOB BETENBAUGH, WARD 7 March 20, 1989 The regular scheduled meeting of Mayor and Council was held March 20, 1989 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 Jack Shinall who was out of town on business. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Doyle Galloway from Harvest Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Bill Turner, to Lt. David training use. Commander of the American Legion Post 160 presented a camcorder Littlejohn representing the Smyrna Police Department for Bob Betenbaugh read a resolution supporting the consolidation of Wills High School and Campbell High School, to become Smyrna High School and made a motion the resolution be approved as read with a copy presented to the Cobb County School Board. Jim Hawkins seconded the motion which carried 6-0. Jim Hawkins read a resolution supporting the extension of the 1% local option sales tax program for road improvements and made a motion the resolution be approved as read with a copy presented to the Cobb Commissioners. Wade Lnenicka seconded the motion which carried 6-0. Before continuing with public hearings, Mayor Bacon announced that items A, B, C and F would be tabled in the absence of Mr. Shinall. PUBLIC HEARINGS: (A} Annexation of 2854 Old Concord Road. Kathy Jordan made a motion the annexation be tabled to the next meeting. Bob Betenbaugh seconded the motion which carried 6-0. March 20, 1989 meeting - continued (B) Annexation of 40 acres in Land Lots 272 and 273 Bob Davis made a motion the annexation be tabled to the next meet~ing. Jim Hawkins seconded the motion which carried 6-0. (C) Rezoning of (conditional) 40 acres in Land Lots 272 and 273 from RM8 to RAD Jim Hawkins made a motion the zoning request be tabled to the next meeting. Bob Betenbaugh seconded the motion which carried 6-0. (D) Rezoning at 1115 Concord Road from R15 to Limited Commercial. John Patterson said that Debra M. Moore and Donna M. Greene have requested the rezoning of this property from residential to Limited Commercial. This property is just west of Cobb Heating & Air, with Future Commercial to the north and south, Limited Commercial to the east. The future land use plan shows this area as a restricted commercial use. The Planning and Zoning Board had recommended approval with some stipulations. Charles McLane represented the owners and stated they do not have a tenant in mind but want to improve the property for commercial use rather than leasing as residential. Mr. McLane said they understood that remodeling plans would have to be approved by the City Engineer if the zoning is approved. There is one curb cut to the house and they do not anticipate adding another one. Jim Hawkins stated the Planning and Zoning Board had recommended that the garage behind the house be torn Mr. McLane said the garage was built at the same of the house and within 10 feet of the line but that a be granted to allow it to . Another and Zoning Board was that the 10 root grass the and paved parking and Mr. McLane said he agree to that condition. Mr. McLane said he did not plan to to put a brick veneer on the house even the Planning and Zoning Board had recommended it because they have other properties where this was not required. Mr. Camp said council could require a brick facade, whether or not the same requirement was made of other buildings in the area. After further discussion, Mr. McLane said he is not the owner of this property and only one of the co-owners was present. Mr. Camp said both owners must be present, to either agree or disagree with any conditions placed on the zoning. Jim Hawkins made a motion the zoning be continued to the April 3rd meeting at which time both owners shoul_d be present. wade Lnenicka seconded the motion which carried 6-0. (E} Variance request side yard setback reduction at 1414 Spring street John Patterson said that Mr. Nicholas Souris has requested this variance to reduce the side yard reduction from 20 to 10 feet for a 40' x 60' metal building addition to his business. A letter was submitted from Mr. Sherman Whitaker, owner of the adjacent property at 1424 Spring street stating he had no objections to the variance. There was no opposition. Mr. Scoggins said this addition will be in line with the existing building and the property on both sides of Mr. souris is commercial. Mr. Scoggins made a motion the variance be approved as requested. Jim Hawkins seconded the motion which carried 6-0. (F) Privilege Care Connection} license home occupation license at 916 Pinehill Drive (The Bob Betenbaugh made a motion the home occupation license be tabled to the April 3rd meeting. Kathy Jordan seconded the motion which carried 6-0. (G} Privilege license - beer and wine package sales - 777 Food store, 1649 Smyrna Roswell Road John Patterson that Joong J. Lee has applied as owner and license holder for this location. This matter has been before council previously; once for the suspension of the license when alcoholic beverages were sold to .~... minor and after the 6 month suspension, it came back to council for re-application and denied. This application is now being made after the 1 year waiting period required following denial. An investigation into the background of the applicant does reflect factors to bar him from receiving his license and the