Loading...
06-04-1990 Regular MeetingJune 4, 1990 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on June 4, 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 Bob Davis. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, City Engineer Ken Hildebrandt, Personnel Director Jane Mears, Fire Chief Larry Williams, Police Chief Stan Hook, Parks and Recreation Director Sherry Reavis, Communications Director Steve Ciaccio, Library Director Laurel Best, Community Relations Director Kathy Barton and representatives of the press. Invocation was given by Elijah Jones, pastor of Greater Zion Baptist Church followed by the pledge to the flag. Mayor Bacon recognized members of the Smyrna Track Team and presented certificates to Kevin Clack, Hassaan Stamps and Ashley LaBudde who represented the City in the GRPA Track Meet recently held in Augusta. CITIZENS INPUT: Lisa Whittington invited council and members of the community to the second annual Whirlygig at Rose Garden School this Saturday, June 9th from 10:00 a.m. to 5:00 p.m. Ms. Whittington also expressed her appreciation to the Parks Department for working closely with them in organizing this event. Jack Shinall read a proclamation to "Pause for the Pledge of Allegiance" at 7:00 p.m. (EST) on June 14, 1990 in honor of National Flag Day. Mayor Bacon presented a plaque to Ted Farland who resigned from the Civil Service Board effective today in appreciation for serving on the Board since June 23, 1988. Mayor Bacon also presented a plaque to Judge C. V. Reeves in appreciation of his 35 years service to the City as Recorders Court/Municipal Court Judge. Judge Reeves was first appointed in 1955. Jim Hawkins read a Resolution commemorating the 25th anniversary of the Land and Water Conservation Fund through the Department of Natural Resources and made a motion it be adopted. Bill Scoggins seconded the motion which carried 6-0. Jim Hawkins requested that item (K) be moved to the top of the agenda under public hearings. Wade Lnenicka made a motion the rules be suspended to move this variance request to the top of the agenda. Kathy Jordan seconded the motion which carried 6-0. PUBLIC HEARINGS: Variance request - increase maximum size allowed for accessory structure at 3698 Alpine Drive There was no opposition from the audience. Jim Hawkins stated at the May 7th meeting, Mr. Ed Darby was granted a variance to reduce the side yard setback at his home for construction of a 24 x 24 garage. Mr. Hawkins said he was not able to attend that meeting but had talked with Mr. Darby about the variance. Mr. Darby thought the variance approved May 7th was for the side setback and size of the building as well and thought he had applied for both, but this request was inadvertently omitted from the application. Mr. Darby had letters from both neighbors stating they had no objections to the garage. Jim Hawkins made a motion the variance be granted for Mr. Darby to allow him to vary from Section 501.1 dealing with the maximum size allowed for accessory structures. Kathy Jordan seconded the motion which carried 6-0. (A) Privilege license - package beer and wine sales for Quik Trip, 2671 Spring Road John Patterson stated that Quik Trip has purchased the property at the corner of Spring and Hargrove where Mighty Casey's is presently located and they are applying for a license allowing sale of packaged beer and wine. Mr. Douglas P. Cussimanio will be the agent for this location and currently holds the license for the South Cobb Drive location. The police investigation was favorable and there was no opposition. June 4, 1990 meeting - continued Mr. Cussimanio stated he has held the license for Quik Trip at the South Cobb Drive location for the past 3 1/2 years. During the recent sting operation there was one incident of sales to a minor but that employee was dismissed. Mr. Cussimanio said that had caused them to take advantage of any training programs that were available to them and they worked hard to find the best employees in the business. Mr. Cussimanio said he is also the training manager for Cobb County. After further discussion Wade Lnenicka made a motion the license be approved. Bill Scoggins seconded the motion which carried 6-0. Jack Shinall stated this is a new location which meets all distance requirements. (B) Privilege license - package liquor, beer and wine sales for Mr. "T" Bottle Shop, 1184 Concord Road John Patterson stated that Mr. Edward Thomas has applied as the new owner to hold the package license for Mr. "T" Bottle Shop, formerly Wayne's Package Store. The police investigation was favorable and there was no opposition. Jim Hawkins stated this application was tabled from the last meeting when it was pointed out to Mr. Thomas that there were two homes within the 200 foot radius of this location. Although council is not bound to grant the license, Mr. Thomas was given the opportunity to obtain the waivers from those property owners before voting on the application. Mr. Thomas said he obtained a letter from Mr. Scoggins who owns one of the parcels but was unable to obtain a letter from Mr. Baldwin although he had made several attempt to contact him. Jack Shinall asked if Mr. Baldwin had signed a waiver for the original license and Mr. Thomas said he had. Mr. Thomas stated he was already licensed in Cobb County and worked at the American Legion on Atlanta Road. After further discussion Jim Hawkins made a motion the license be denied due to the fact that the location does not meet minimum distance requirements from residential property, seconded by Jack Shinall. John Steely said he could not support the motion because he had a problem with Mr. Baldwin signing a waiver on the original license and not signing this one since there is no change in the type of operation. Wade Lnenicka also said he was concerned about the reasons as to why Mr. Baldwin did not sign the waiver because there is no difference in the type of business operation and did not see any reason to deny the application. After further discussion vote on the motion failed 2-4. John Steely then made a motion the license be approved as requested. Wade Lnenicka seconded the motion which carried 4-2 with Jack Shinall and Jim Hawkins opposed. (C) Annexation of property at 545 Concord Road John Patterson stated that Wanda Lee Hanson has requested annexation of her property at 545 Concord Road. The legal description was read into the minutes of the May 7th meeting and advertised for public hearing tonight. There were three opposed who were sworn in along with Ms. Hanson and David Toole representing her. John Steely stated he had no problem with the annexation of this property and asked to hear from the opposition. Carter Pierce of 457 Concord Woods Drive stated he was opposed because he did not want his home annexed into the City and was afraid that may be the next step. John Steely said we are not forcing anyone to annex and have no plans to do so. Beatrice McCart of 500 Concord Woods Drive stated she was opposed because she did not know what type of business would be there. The house next to her has had a business sign in the front yard for about 2 years and Mrs. McCart said she has complained about it many times to the county but cannot get it moved. Nathaniel Merritt of 501 Concord Road said he was opposed primarily because of the commercial zoning and felt this was still a residential street. Mr. Merritt said he has problems now getting in and out of his driveway since his house faces Concord Road. June 4, 1990 meeting - continued After further discussion, John Steely made a motion the property be annexed to become a part of Ward 7. Jim Hawkins seconded the motion which carried 6-0. (D) Rezoning of property at 545 Concord Road from R15 to Limited Commercial John Patterson stated that Ms. Hanson is also requesting the rezoning of this property to Limited Commercial for professional office use. The same group raised their hands in opposition and were reminded by Mr. Camp that they were still under oath. Ms. Hanson said this is now a rental house which will be vacant after tomorrow. At one time they had a chiropractor lined up to lease the property but because of the delay in getting the house ready, they had found another location. Ms. Hanson said the Planning and Zoning Board had recommended several stipulations and they had agreed to those. Mr. Toole also pointed out that the Cobb County long range land use plan would allow a 3 story office building in this area. Mr. Merritt again stated he was opposed because of the added traffic. Mr. Toole said the type of tenants they are seeking will not generate a lot of traffic, probably no more than 2 or 3 cars will be at the office during normal business hours. Wade Lnenicka said he could appreciate the concerns about protecting the integrity of a residential neighborhood but felt it would be difficult to keep the homes on Concord Road residential. Mr. Lnenicka said he would be opposed to any zoning that encroached further into the Concord Woods area but felt this zoning would be appropriate and thought the restricted use of the Limited Commercial category would also serve as a buffer. Mr. Carter Pierce again said he was opposed because of the traffic and especially was concerned for the safety of school children since his child had been hit by a car at that intersection. After further discussion John Steely made a motion the zoning be approved with the following stipulations: 1) No curb cuts on Concord Road 2) No overnight parking of vehicles or equipment 3) Required paving be put in place 4) The existing 6 foot fence on the rear property line remain in place and if removed, that another buffer be placed to coincide with the City ordinance. Wade Lnenicka seconded the motion which carried 6-0. (E) Variance to reduce front yard setback at 545 Concord Road from 50 to 45 feet John Patterson stated that Mr. John Toole is requesting a variance on this property to reduce the front yard setback from 50 to 45 feet. The same group stated they were opposed but did not wish to speak. John Steely said that this variance was required because of the road frontage required from the property when Concord Road was widened and made a motion the variance be approved. Kathy Jordan seconded the motion which carried 6-0. (F) Annexation of 5.93 acres on Oakdale Road and Watkins Road John Patterson stated that Mrs. Ora Green and Mrs. Violet Gann have requested annexation of this property totaling 5.93 acres. This annexation also includes the Oakdale Road right of way from the railroad tracks south to Watkins Road. The legal description was read into the minutes of the May 7th meeting and was advertised for a public hearing tonight. There was no opposition. John Steely made a motion the property be annexed into the City and made a part of Ward 7. Wade Lnenicka seconded the motion which carried 6-0. (G) Rezoning of property at 1310 Concord Road from R15 to Limited Commercial John Patterson stated that Dr. Michael Haley is requesting this rezoning to June 4, 1990 meeting - continued relocate his dental office. The property is located at the corner of Concord Road and Dunton Street. There was no opposition. Dr. Haley said he had just purchased the property and wanted to move his existing office on Concord to this location. The house will require extensive renovation which will take about 6 months to complete. Dr. Haley said they would use the curb cut from Dunton Street and would not request an additional curb cut on Concord Road. There is an existing fence on the back of the property and there was some concern from the adjoining neighbor about extending the fence closer to the street because it would affect the visibility, but Dr. Haley said he was agreeable to whatever the owner requested in terms of maintenance or extending the fence. After further discussion Jim Hawkins made a motion the zoning be approved with the following stipulations: 1) No curb cuts on Concord Road 2) The fence on the back property line be maintained in its present condition or added to as indicated tonight 3) No left turn sign be posted at the exit of this property, going onto Dunton Street Jack Shinall seconded the motion which carried 6-0. (H) Variance to reduce front setback from 50 to 29 feet and side setback from 33.3 to 30 feet at 1310 Concord Road John Patterson stated that Dr. Haley is also requesting a variance on the side and front setback for this property in conjunction with the rezoning just granted. There was no opposition. Dr. Haley said the existing house on this property does not meet setback requirements and the front setback variance is due primarily because of the property donated for the Concord Road widening. Dr. Haley said he understood the variances would be for this building only. Jim Hawkins made a motion the variances be approved as requested. Bill Scoggins seconded the motion which carried 6-0. (I) Rezoning of property at 3020 Atlanta Road from Future Commercial to Limited Commercial John Patterson stated that Mr. Sham Kapur is requesting the rezoning of this property at the corner of Atlanta Road and Quarles Avenue. Professional Consulting Services, Inc. has used the property for a business for several years and approximately one year ago, Mr. Kapur bought the property with the understanding that is was zoned for office use. City records, however, do not indicate that the property was ever properly zoned to conform with current use. There was no opposition. Mrs. Kapur represented her husband and stated PSC has been operating at this location for about the last 10 years. There were several stipulations recommended by the Planning and Zoning Board and they had agreed to those. Wade Lnenicka stated that this property became commercial several years ago but the zoning map was not changed to reflect the use. This zoning is not meant to change the current use but will correct the zoning map and records. Wade Lnenicka made a motion the zoning be approved from Future Commercial to Limited Commercial with the following,stipulations: 1) That the buffer and grounds be maintained on a regular basis 2) On the west side of the property (rear) that red tips be planted, similar to what the Kapur's have done on their property at 3016 Atlanta Road. Bill Scoggins seconded the motion which carried 6-0. (J) Amendments to Charter - Sections 30, 35, 35(a), 36, 38, 39, 40 John Patterson stated these amendments to the Charter are required in order for us to comply with recent changes in State law. The amendments, as summarized below, have been advertised for a public hearing tonight. U June 4, 1990 meeting - continued 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 - This revision changes the terms of "police court" to "municipal court"; also changes punishment of offenders. Section 35(a), 36, 38 and 39 - Changes the terms of "recorders court" and "recorder" to "municipal court" and "municipal court judge." Section 40 - Revises the appeal procedure from the Board of Councilmen to the Superior Court of Cobb County in accordance with the Official Code of Georgia. There was no opposition or comments from the audience and Jim Hawkins made a motion the amendments be approved. Jack Shinall seconded the motion which carried 6-0. FORMAL BUSINESS- (A) Certification of Civil Service Election - set runoff date John Steely stated an election was held June 1st by the members of the Police and Fire departments to fill the position vacated by Ted Farland on the Civil Service Board. A run-off is required, with Walt Hendry receiving 30 votes, Hugh K. Watson 24 votes, Sam Whitfield 17 votes and Wink Winkenhofer 30 votes. John Steely made a motion the election results be accepted and a runoff election set for June 8th. Kathy Jordan seconded the motion which carried 6-0. BID AWARDS: Nothing to report. COMMERCIAL BUILDING PERMITS: (A) Choates Construction requested a building permit for new construction at 5040 Highland Parkway at a total estimated cost of $1,709,212. John Steely made a motion the permit be approved. Jim Hawkins seconded the motion which carried 6-0. A representative from Choates Construction was present and Jack Shinall requested that their construction trailer be moved further away from the roadway. CONSENT AGENDA: (A) Approval of minutes - May 7 & 21, 1990 Wade Lnenicka made a motion the consent agenda be approved. Bill Scoggins seconded the motion which carried 6-0. COUNCIL INPUT: Wade Lnenicka stated there would be a Friends of the Library membership meeting this week and invited everyone to attend and participate. Laurel Best reported on the summer reading program. Bill Scoggins read a letter that he had received from several residents on Dunn Street commending Michelle Beavers and Ann Pelrose in the Parks Department for the good job they do for the City. Sherry Reavis reported on parks activities and stated the soccer fields at Jonquil Park will soon be playable but they are still trying to correct a drainage problem. Kathie Barton reported on the recycling program and stated she hopes to soon have collection bins for glass, plastics and all recyclable materials in place at different sites throughout the City. Jim Hawkins said the recycling center on Smyrna Hill Drive is very impressive and a lot of people are using the facility on the weekends. There are a lot of non -city residents also who use the center and Mr. Hawkins suggested that the committee look into a fee of possibly $2 to help defray operating cost. John Steely said he has recently received a lot of complaints about barking June 4, 1990 meeting - continued dogs from residents in his ward. Our ordinance now requires complaints from residents of two separate households before a citation can be issued. Mr. Steely said we need to revise our barking dog ordinance to allow for stronger enforcement. Mayor Bacon congratulated Jeff Wilson from Smyrna High School who was honored by the Marietta Daily Journal for making the first team on the all star baseball squad and Jason Motter for making the second team. With no furt siness, meeting adjourned at 9:12 p.m. A. MAX BACON, MAYOR MELIN+DA DAME$01 ITY CLFJW A zffffloww ,ILL 9CZ0G6fI*---1- �35,-;;P i'S M. HAWKINS, WMDA 00 ,f ++ WID + r •'�+ +'� • 4 SPIN June 18, 1990 The regularly scheduled meeting of Mayor and Council was held June 18, 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 Jack Shinall who was out of town on business. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Parks and Recreation Director Sherry Reavis, Library Director Laurel Best, Public Works Director Vic Broyles, Fire Chief Larry Williams, Communications Director Steve Ciaccio, Finance Director Emory McHugh, Police Major Kent Sims, City Engineer Ken Hildebrandt, Personnel Director Jane Mears, Police Chief Stan Hook and representatives of the press. Invocation was given by Reverend John Creech, pastor of Welcome All Baptist Church. Mayor Bacon introduced Lynda Coker, State Representative candidate for the seat formerly held by Johnny Isakson; Kip Klein State Representative candidate for the seat formerly held by Johnny Gresham; Gary Andrews, candidate for the Georgia Court of Appeals and Doug Wrege, candidate for the School Board Post 6. Mayor Bacon also introduced Senator Hugh Ragan who is running unopposed this year. CITIZENS INPUT: W. T. Waters, a Bank Street resident said he knew the proposed tax increase on the agenda tonight would be approved but felt the budget approval should also include a 15% salary increase for Police and Fire employees, retroactive back to the first of January. Sue Brissey stated she had been a long time supporter of the Police and Fire employees and also felt they should be given salary increases. Officer John Sparks and Lt. Curtis Cook of the Police Department objected to the proposed adjustments to the pay plan which would effectively raise starting salaries only and cause a newly hired patrolman to make the same as a patrolman with 2 years service. PUBLIC HEARINGS: (A) Privilege license - South Cobb Package, 2415 South Cobb Drive - liquor, beer and wine package sales John Patterson stated that Terri R. Anderson had applied for a new license at 2415 South Cobb Drive allowing the sale of packaged liquor, beer and wine. Ms. Anderson has been given a copy of the alcoholic beverage ordinance and has indicated that she understands, and will abide by them. The police