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05-07-1990 Regular MeetingMay 7, 1990 The regular meeting of Mayor and Council was held pursuant to the Charter on May 7, 1990 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. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Library Director Laurel Best, Police Chief Stan Hook, Community Relations Director Kathy Barton, Communications Director Steve Ciaccio, Public Works Director Vic Broyles, Fire Chief Larry Williams, Personnel Director Jane Mears, City Engineer Ken Hildebrandt and representatives of the press. Invocation was given by Michael Carey, pastor of Calvary Presbyterian Church followed by the pledge to the flag. Mayor Bacon recognized Senator Hugh Ragan and several students from Smyrna High School. CITIZENS INPUT: Nothing to report. PUBLIC HEARINGS: (A) Annexation of 2.3 acres at Jane Lyle Road and Atlanta Road John Patterson said that Thomas A. Bales has requested the annexation of this property in Land Lot 742 which has been properly advertised following the validation of the petition at the April 16 meeting. There was no opposition. Wade Lnenicka stated this property has been vacant for some time now, and Post Properties is requesting that it be annexed into the City and rezoned at a future date for construction of Phase II of Post Vinings. Wade Lnenicka made a motion the property be annexed into the City and made a part of Ward 2. John Steely seconded the motion which carried 6-0. (B) Annexation of property on Oakdale Road in Land Lots 683 and 684 John Patterson stated this annexation petition was also validated at the April 16th meeting for this 6.69 acre tract on Oakdale Road owned by Emma L. Davis, Sam Lawrence, Frank Farris, Doris Cash Pruitt and Sara Louise Hames. There was no opposition. John Steely made a motion the property be annexed into the City and made a part of Ward 7. Kathy Jordan seconded the motion which carried 6-0. (C) Annexation of 14 acres on Hurt Road in Land Lot 195 and 196 John Patterson said that Billie Jo Cozzolino has requested the annexation of this property which fronts on Hurt Road. The legal description was read and made a part of the minutes of the April 2, 1990 meeting. There was no opposition. Jack Shinall made a motion the property be annexed and made a part of Ward 5. Kathy Jordan seconded the motion which carried 6-0. (D) Annexation of Mighty Casey's on Spring Road at Hargrove At the request of the applicant, Bob Davis made a motion the annexation be continued to the next meeting. Wade Lnenicka seconded the motion which carried 6-0. (E) Privilege license - beer and wine pouring - Rackem & Roll, 3231 South Cobb Drive Mayor Bacon stated that Jim Hawkins could not be here tonight and would prefer to be present for this hearing. Jack Shinall made a motion the license be tabled to the May 21st meeting. Kathy Jordan seconded the motion which carried 6-0. (F) Variance request - off premise sign location for Wendy's, South Cobb at Kenwood Drive John Patterson stated that Wendy's International is requesting a variance to allow an off premise sign for their new restaurant on South Cobb Drive at Kenwood Drive. The sign would be located on the north side of Highlands May 7, 1990 meeting - continued Parkway near South Cobb Drive. There was no opposition. Mr. John Goss represented Wendy's and stated they realized the majority of their business would come from employees at Highlands Park and have obtained a permanent easement on the abandoned Oakdale Road right of way for access from Highlands Parkway. This entrance would eliminate the need of traveling on South Cobb Drive to get to the restaurant. Mr. Rick Vaughn with Highlands Park has approved the sign which will be a low monument type, no larger than 25 square feet. John Steely made a motion the variance be approved as requested. Jack Shinall seconded the motion which carried 6-0. (G) Variance request - side yard setback at 3698 Alpine Drive John Patterson stated that Mr. Marvin E. Darby has requested a variance from 10 to 3 feet on the side yard setback at his home to construct a 24 x 24 garage for his cars and lawn equipment. There was no opposition. Mr. Darby said the recent tornado had caused damage in excess of $25,000 to his property. In addition to losing seven large trees, his utility building was destroyed. Mr. Darby said he would like to rebuild a 24 x 24 garage to house his vehicles and store lawn equipment. Repositioning of the garage to comply with building codes would require removal of five additional trees. A letter was submitted from the adjacent property owner stating they had no objections to the variance. John Steely made a motion the variance be approved as requested. Kathy Jordan seconded the motion which carried 6-0. (H) Variance request - side yard setback at 2743 Sanford Road John Patterson stated that Mr. M. P. Barron had requested this variance from 10 feet to 1.5 feet for a carport addition. There was no opposition. Mr. Barron said he wanted to install a carport to his home to house his vehicle and protect it from the weather. A letter was obtained for the adjacent property owners stating they had no objections. Jack Shinall made a motion the variance be approved to allow the addition to within 1.5 feet of the property line. Kathy Jordan seconded the motion which carried 6-0. (I) Variance request - side yard setback at 1077 Dell Avenue John Patterson stated that Mr. Brian Walter is requesting a variance to reduce the side yard setback from 26 to 15 feet for an attached carport and utility room. When completed, the entire house will be covered with vinyl siding and will appear that nothing has been added. There was no opposition. Mr. Walter said this is a rental house and he has had difficulty leasing it because there are no washer/dryer connections. The entire addition would be built over the existing driveway will be almost completely shielded from Hollis Street by a very tall and thick row of trees and bushes. He had also talked with the neighbors about the addition and had received no opposition. Jack Shinall made a motion the variance be approved as requested. John Steely seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Home occupation license - Earl Wise, 2127 Argyle Drive John Patterson stated that Mr. Earl Wise has requested a license to operate a business, E&T Distributing, from his home. The nature of the business will be to distribute and sell snack foods but the home will be used only for an office. There will be no evidence of a business at the home and no signs or other forms of advertising will be used. Wade Lnenicka stated Mr. Wise would only be conducting telephone sales from his home and the products would be shipped from the manufacturer directly to the customer. This is. a new business and there was a need to establish the business in the home to avoid rent and overhead cost. Signatures have also May 7, 1990 meeting - continued been obtained from property owners within a 300 foot radius of Mr. Wise indicating they had no objections. Mr. Lnenicka made a motion the license be approved, seconded by John Steely. Jack Shinall questioned Mr. Wise about how business would be conducted. Mr. Wise stated he will distribute snack foods but the only business conducted at his home will be telephone sales by calling the manufacturing and having orders shipped to his customers. They are working with Head Tobacco Company now and hope that will be a major account for them. After further discussion, vote on the motion to approve the license carried 6-0. (B) Validation of signatures to annex 5.93 acres - Oakdale Road at Watkins Road Attorney Camp read an application for annexation of 5.93 acres in Land Lot 684 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 that tract or parcel of land lying and being in Land Lot 684 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at the corner formed by the intersections of Land Lots 683, 684, 685 and 686 and running south along the east land lot line of Land Lot 684 a distance of 732 feet more or less; thence northwest a distance of 322 feet more or less; thence north a distance of 163 feet more or less to the southern right of way line of Watkins Road; thence westerly along the southern right of way of Watkins Road a distance of 381 feet more or less to the east side of Oakdale Road; thence northeasterly along the east side of Oakdale Road a distance of 232 feet more or less to a point; thence leaving said right of way and running southeasterly a distance of 325 feet more or less; thence north a distance of 250 feet more or less to the north land lot line of Land Lot 684; running thence east along the north line of Land Lot 684 a distance of 321 feet more or less to the point of beginning. Also, all that tract or parcel of land lying and being in Land Lot 684 of the 17th District, 2nd Section, known as Oakdale Road (being a-70' right of way) and being more particularly described as follows: Beginning at the centerline of Oakdale Road at the southern right of way line of Southern Railroad, said property being a strip of roadway 70 feet in width, lying 35 feet on either side of the centerline; running thence in a southwesterly direction along the centerline of Oakdale Road a distance of 898 feet more or less to the intersection of Oakdale Road with the south right of way of Watkins Road. 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/MRS. LLOYD (VIOLET) GANN AND MRS. ORA GREEN John Steely made a motion the petition be validated and the public hearing set for June 4, 1990. Jack Shinall seconded the motion which carried 6-0. (C) Validation of signatures to annex property at 545 Concord Road Attorney Camp read the annexation application by Wanda Lee Hanson for her property consisting of .4256 acres on Concord Road 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: May 7, 1990 meeting - continued All that tract or parcel of land lying and being in Land Lot 339 of the 17th District, 2nd Section, Cobb County, Georgia, and being Lot 1, Block C, Unit One, Concord Woods as shown per plat recorded in Plat Book 21, Page 8, Cobb County Records, and being more particularly described as follows: BEGINNING at the intersection of the northwesterly right of way of Concord Road and the northeasterly right of way of Concord Woods Drive and running thence northwesterly along the northeasterly right of way of Concord Woods Drive 110 feet to an iron pin; running thence northeasterly 165 feet to an iron pin; running thence southeasterly 110 feet to an iron pin on the northwesterly right of way of Concord Road; running thence southwesterly 172 feet along the northwesterly right of way of Concord Road to the northeasterly right of way of Concord Woods Drive and the point of beginning. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the electors resident in the annexed area: s/CHARLES KEITH ST CLAIR Witness the hands and seals of 60% of the record title holders of the land described above: s/WANDA LEE HANSON John Steely made a motion the petition be validated and the public hearing set for June 4, 1990. Wade Lnenicka seconded the motion which carried 6-0. (D) Amendment to Municipal Court Bond Schedule John Steely made a motion the Municipal Court Bond Schedule be amended by adding the following violations, in accordance with the Official Code of Georgia. Seatbelt Law (40-8-76.1 (adults) $15.00 Seatbelt Law (40-8-76 (children) $25.00 Window Tinting Law (40-8-73-1) $35.00 Kathy Jordan seconded the motion which carried 6-0. (E) Amendments to ordinance John Steely made a motion the Code of Ordinance be amended by revising Sections 5-8, 5-11, 5-12, 5-13, 5-14, 5-20, 8-4, 8-5, 8-6, 8-10, 8-11, 8-12, 8-13, 8-14, 8-17, 8-18, 21-1, 21-2, 21-3, and 21-4. These amendments are to revise the Court and Criminal Procedure, Bail Bondsmen and Traffic regulations in accordance with the Official Code of Georgia. Many of these amendments are language changes only and will change the terms of "Recorder" and "Recorders Court" to "Municipal Court Judge" and "Municipal Court". These amendments will also revise the appeal procedure from the Board of Councilmen to the Superior Court of Cobb County, and will also change the form of warrants to be used as approved by the Mayor and Council. Kathy Jordan seconded the motion which carried 6-0. (F) Amendments to Charter John Steely said there are also several amendments that must be made to the Charter in conformance with the Official Code of Georgia. John Steely made a motion the following Charter amendments be approved for advertisement and a public hearing on June 4, 1990. Section 30 This section which prohibits the sale of intoxicating beverages in the City of Smyrna will be repealed and deleted in its entirety. Section 35 Will change the terms of "police court" to "municipal court" and also change punishment of offenders. Section 35(a) Changes the terms "recorders court" and recorder" to 36, 38 and 39 "municipal court" and "municipal court judge." Section 40 Revises the appeal procedure from the Board of Council- men to the Superior Court of Cobb County. Kathy Jordan seconded the motion which carried 6-0. The complete revisions May 7, 1990 meeting - continued will be on file in the City Clerk's office at City Hall. (G) Appointment to Clean City Commission - Ward 5 Jack Shinall made a motion that Ann Bishop be reappointed to the Clean City Commission representing Ward 5. John Steely seconded the motion which carried 6-0. (H) Set election and qualifying dates for Civil Service Board member John Patterson stated that Ted Farland has resigned from the Civil Service Board effective June 4, 1990 and an election must be held in the Police and Fire Departments to fill the position for the remainder of the term. This is a 6 year term which will expire July 10, 1994. John Steely made a motion the election be held June 1, 1990, with qualifying May 14-18 in the City Clerk's office from 8:00 a.m. to 5:00 p.m. Wade Lnenicka seconded the motion which carried 6-0. urn nwnnnc. (A) Tire machine for garage Jack Shinall made a motion the tire machine be awarded to Doug Duggan Company, the low bidder at $5,769.00. Kathy Jordan seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Approval to close Powder Springs Street, Hamby Street and Fuller Street for new construction (B) Vaccination policy for firefighters, emergency medical technicians and sworn police officers (C) Approval of minutes: April 2 & 16, 1990 Jack Shinall made a motion that items (A) and (B) on the consent agenda be approved. Bill Scoggins seconded the motion which carried 6-0. John Patterson stated the closing of Powder Springs and Hamby would be temporary, during construction only. Wade Lnenicka made a motion the minutes of April 2, 1990 be approved as submitted. Bob Davis seconded the motion which carried 5-0, with Kathy Jordan abstaining. Kathy Jordan made a motion the minutes of April 16, 1990 be approved as submitted. Bob Davis seconded the motion which carried 5-0. with Jack Shinall abstaining. APPEAL OF RECORDERS COURT - MANDY BOWLING Mayor Bacon stated the appeal by Mandy Bowling had been withdrawn earlier tonight and John Steely made a motion the decision of the Judge be upheld. Kathy Jordan seconded the motion which carried 6-0. COUNCIL INPUT: Bob Davis welcomed Ken Hildebrandt, newly employed as City Engineer to replace Mike Hutchinson in the Community Development Department Wade Lnenicka gave a library report and stated the first organizational meeting of the Friends of the Library met Friday night and another meeting is scheduled for Tuesday night at City Hall. Bill Scoggins said the Arts and Crafts Festival was well attended despite the rain on Saturday and commended the Parks Department and Clean City Commission. Jack Shinall said he had received several calls following the recent newspaper article stating that the City was considering giving up residential sanitation pickup. That article was probably misunderstood because the City has been considering a recycling program, either in-house or contracted to outside companies but it would have nothing to do with normal garbage and trash service. They are considering a test program which would May 7, 1990 meeting - continued involve 1,000 homes and three private vendors are being interviewed to discuss their proposals. Mr. Shinall said the City is establishing recycling locations at five different sites; Smyrna Hill Drive sanitation office, Jonquil Park, Tolleson Park, Fire Station #1 and Four Seasons mall parking area. Jack Shinall stated he would support a Local Option Sales Tax program to fund the new construction in Smyrna as an alternative to property tax increases and would address this proposal in more detail at a later date. Kathy Jordan also stated the Arts and Crafts Festival was very successful and well organized. Mrs. Jordan reported that she had recently become a grandmother again; her daughter Joanna gave birth to Taylor Alan Long on May 3rd. John -Steely gave a progress report from the Annexation Committee and said they will continue their aggressive annexation policy. Mayor Bacon also welcomed Ken Hildebrandt to his first meeting and first day on the job. Mayor Bacon stated that on May 6th, the Smyrna MUST Ministries had their dedication in their new building and we were very pleased that we could help them locate in the downtown area. Also on Friday, April 27th there was a very good article in the Marietta Journal about the downtown development and hopefully in about one year we will begin to enjoy the improvements and will have a complex that we will all be proud of. With no further business, meeting adjourned at 8:37 p.m. A. MAX BACON, MAYOR May 21, 1990 The regular scheduled meeting of Mayor and Council was held May 21, 1990 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, Public Works Director Vic Broyles, Personnel Director Jane Sargent, City Engineer Ken Hildebrandt, Fire Chief Larry Williams, Police Chief Stan Hook, Communications Director Steve Ciaccio, Parks and Recreation Director Sherry Reavis, Library Director Laurel Best and representatives of the press. Invocation was given by John Hearst, pastor of Mount Zion Baptist Church followed by the pledge to the flag. Jack Shinall read a proclamation for Smyrna Dairy Queen, honoring them for 35 years of business in Smyrna and presented it to Doug Stoner. Mayor Bacon introduced Kevin Johns and Stan Wise, both candidates for the Eastern District Commission seat. CITIZENS INPUT: Nothing to report.