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02-17-1992 Regular MeetingFebruary 17, 1992 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on February 17, 1992 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 Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Community Relations Director Kathie Barton, Parks and Recreation Director Sherry Reavis, Finance Director Emory McHugh, Library Director Laurel Best, Communications Director Steve Ciaccio, Police Chief Stan Hook, City Engineer Ken Hildebrandt, Public Works Director Vic Broyles, Personnel Director Jane Mears, Candis Joiner and representatives of the press. Invocation was given by John Sorrow, Pastor of Faith United Methodist Church followed by the pledge to the flag. CITIZENS INPUT• Mayor Bacon recognized Commissioner Harvey Paschal who is running for Cobb County Commission Chairman. (A) Proclamation - "Severe Weather Awareness Week" February 24-28, 1992 Mayor Bacon asked Councilman Lnenicka to read the proclamation. Council- man Wade Lnenicka read the proclamation indicating Smyrna will observe "Severe Weather Awareness Week" February 24 - 28, 1992. The proclamation was then officially signed and presented to Mr. Bennie Nelson, Smyrna Emergency Management Director. (B) Distinguished Budget Presentation Award Mayor Bacon recognized Mr. Virgil Moon, Cobb County Director of Finance, who presented the Distinguished Budget Presentation Award to Mr. Emory McHugh, Finance Director. He also explained the GFOA Distinguished Budget Award is the highest award that can be awarded to a city or county in this country for an outstanding budget document. In order to obtain this award the City had to meet specific standards that are established on a national basis. The four major criteria are: Has to be a policy tool that sets forth the policy of this city to the citizens of the city; Has to score high as a clear financial plan of where the resources are coming from and where they are going; Has to be a guide for the operations on an annual basis and it has to serve as a communication medium, both to the citizens of the county as well as to the media and the general public. Only 1200 jurisdictions out of 100,000 in the country receive this award placing Smyrna in the top one percent. Emory accepted the award and introduced Sharon Williams, Budget Officer, and Mike Hickenbottom of the Finance Department who were very instrumental in preparing this document. Councilman Pete Wood on behalf of the members of Council thanked Emory and his staff for earning this prestigious award and expressed his appreciation for a job well done. Mayor Bacon asked if there were any citizens present who would like to come forward for the citizens input portion of the meeting. Mr. Arthur Schultz, owner of Check-X-Change store located at South Cobb Drive and Concord Road, came forward and indicated he was here on behalf of some of the Pawn Shop owners and all of the check cashing businesses in Smyrna. Mr. Schultz was again protesting the recent increase in the business license fees for these types of businesses. Mayor Bacon stated that the City held many meetings prior to the adoption of the rate increase for fees in the Pawn Shop and Check Cashing category. He also stated the City has been notified by the attorney representing these types of businesses of a pending suit and feels this subject should not be discussed in this type forum. Mayor Bacon indicated this is not the proper setting to discuss this issue and suggested Mr. Schultz talk with Mr. Herbert, the attorney representing the businesses in question. February 17. 1992. meetina - continued Councilman Lnenicka stated that the letter received from Mr. Herbert dated January 30, 1992, indicates an ante litem notice of claim and suit and that according to this letter the City is officially notified of a pending suit against the City. Mr. Lnenicka stated he did not think a public forum is the proper place to discuss a legal matter. Mr. Camp, City Attorney, received a copy of the material being disseminated to the press this evening by Mr. Schultz. Mrs. Sue Brissey, member of the Smyrna Clean and Beautiful Commission, came forward and presented the Work Boot Award to the Georgia Department of Corrections for their community service program. Mrs. Glen Allen accepted the award on behalf of the Georgia Department of Corrections. Ms. Allen expressed her gratitude to the City for making this presentation. Mrs. Brissey then stated she was unhappy with a couple of events she had reported to the City. Councilman Scoggins indicated we would look into these complaints and try to resolve them to everyone's satisfaction. Ms. Cara Corbett, employee of First American Rental, was present and expressed her dissatisfaction with the conduct of the Council meeting. Councilman Scoggins asked Ms. Corbett where she resided. Ms. Corbett responded she is a resident of Marietta. Mayor Bacon stated that the City of Smyrna has one of the most open forms of Council meetings conducted in the county. He also stated that a person who wishes to speak at the County Commission meeting must have their name on a list prior to the meeting indicating the topic of discussion and their time to speak is limited. Mrs. Freeman, 2515 Rolling View, came forward to express her concerns over the recent denial of a claim concerning a recent sewage backup problem she experienced at her home. This matter was turned over the Zurich American, the City's insurance carrier. Mayor Bacon suggested Mrs. Freeman contact John Patrick, Ward 1 Councilman, who would look into this matter. Councilman Hawkins reminded everyone to call the Public Works Department first in the event of a sewer problem. This step may save the citizen a costly plumbing bill. PUBLIC HEARINGS: (A) Charter Amendments - Section 77 - Civil Service Ms. Dameron stated this is the second'hearing required to amend the Civil Service Charter under the Home Rule Act. The document has been on file in the City Clerk's office for the past two weeks. Mayor Bacon indicated this falls under the jurisdiction of Councilman Lnenicka and asked if there was anyone present in who wished to make any comments regarding this amendment. There was no one present. Councilman Lnenicka stated this amendment will update the 1959 version of the Civil Service Charter section. He then summarized the revised Section of the Charter. Beginning with the adoption of this revision, the staggered terms shall be for four years each as each member is elected. The terms of office of the Civil Service Board members shall be changed from six year terms to four year terms. The most significant change to the charter is in the method of testing and promotions within the Police and Fire Departments. An oral examination may be given in addition to a written test by the Chief or his designee, subject to the rules and regulations then in effect. The Chief of any department shall notify the Civil Service Board of any vacancy in the membership of their respective department and the Board shall furnish the names and addresses of the three candidates standing highest on the eligibility list for such position together with the results and scores of each examination. The Chief may select one of the three so certified to him to fill such a vacancy or may request the Board to furnish him with the names and February 17, 1992, meeting - continued Councilman Hawkins asked Mr. Graham if he owns Cumberland Child Care center. Mr. Graham stated he is the co-owner of the property not the business. Councilman Wood asked Mr. Graham what were the hours of operation for the child care center. Mr. Graham responded they are open from 6:30 a.m. to 6:30 p.m. five days a week and on a daily basis there is an average of 150 children at the center. Mayor Bacon stated for the record that the City of Smyrna does not issue licenses for bars in Smyrna, that all establishments must serve 60% food in order to get a license from the City. Councilman Newcomb stated it was not clear to him whether or not the restaurant would be issued an alcohol privilege license if they receive this variance and move into this location. Mayor Bacon responded if the variance was approved and the restaurant moved into this location, they would have to come back before Council for a public hearing on the granting of a privilege license. Councilman Newcomb asked Mr. Styslinger to describe what activity will be occurring at the rear of the building. Mr. Styslinger indicated that only parking and the dumpster will be at the rear of the building. Mr. Newcomb asked Ken Hildebrandt, the City Engineer, about the widening of Spring Road. Mr. Newcomb asked how this widening would impact the front set back of this building. Mr. Hildebrandt responded that as part of the 1% Road Improvement Program, Cobb County will add an additional twelve foot wide center lane from Hargrove to Campbell Road and should be done next year. Mr. Hildebrandt said he was not sure which side of Spring Road the property would be taken from as he has not received those plans. Mayor Bacon stated he would not want the City to grant a variance tonight knowing that within twelve months Cobb County is going to widen Spring Road. It would not be fair to us or to Mr. Styslinger. Councilman Patrick stated that due to the uncertainties involved, namely the widening or potential widening of Spring Road in that area, it would be fool hardy to grant this variance without looking into the future and see what impact it might have on the property. Councilman Hawkins stated that if the adjoining property owners object to a variance when it is encroaching on the setback that we have normally honored that and not granted the variance. Also, if we grant this variance we would be faced with having to issue a pouring license. The business next door is a licensed school and I see no wisdom in granting this variance. My main objection to granting this variance is based on the objections of the adjoining property owners. Councilman Lnenicka stated he is opposed to the granting of the variance. He stated he is opposed in part to the granting of the side yard variance because the neighboring property owners object to it. He also opposes the front yard variance because of the widening of Spring Road that is coming up and the uncertain effect that it might have. We have to leave room between Spring Road and the building to not only have a sidewalk there for the safety of the pedestrians but also so that we do not create a situation where the City and our tax dollars have to pay to buy and tear down something we just allowed to be built. I think that would be premature and it also would set a precedent on Spring Road with a structure close to the road and that bothers me. We do encourage business in Smyrna. This building needs a tenant. Councilman Lnenicka stated he felt the business could operate in this location with the patio on the side where the main entrance is and is something that should be considered. Mr. Lnenicka also suggested the noise level should be considered in relation to the day care center located next door. Councilman Lnenicka stated he was not going to support the motion tonight but he hopes that this does not mean that this business can not find a way to operate here that is suitable to everyone. February 17, 1992, meeting - continued Councilman Wood stated he has real problems with the front variance so close to Spring Road and now we are looking at the possibility of some more property being on that side. Mr. Wood stated that like Mr. Hawkins, he has problems with the fact that historically the Council has considered the views of adjoining property owners and I think three feet in some places is an extremely close variance to another property owner when that property owner objects. While there are other establishments in the general area that serve alcoholic beverages those are confined to inside bars and the noise level is not there and certainly the impact on an adjoining school is not there. He also stressed that there is also a church in that immediate area, a public school, a public park and all of these certainly bring a lot of young folks into the area that could be influenced by an open air bar. He stated he was concerned about the noise generated by this type of establishment particularly when it is this close to the main thoroughfare. Mr. Wood stated he does like to encourage business in the City of Smyrna and feels there are a lot of options, whether you want to pursue this or some other area, if the variance is not granted. Mr. Wood stated he would have to oppose the granting of this variance. Mayor Bacon asked if there is any other discussion on this item. Mr. Bacon stated there had been some discussion about tabling this action pending the information concerning the widening of the road and will leave it up to the discretion of the Council to either table it to the next meeting or we can vote on it tonight. Mayor Bacon stated he would leave this up to Mr. Patrick. Councilman Patrick stated that considering the future impact of the widening of Spring Road as well as the hostility of the adjacent property owners he felt at this time it would be a wise idea to table this item. Mr. Patrick said personally he favored the concept of an open air bar but feels this is the wrong neighborhood for it. Councilman Patrick made a motion that the variance request be denied. Councilman Hawkins seconded the motion. The motion to deny the request for a variance was approved 7-0. (F) Privilege License - Agent Change - American Legion Post 160 Located at 160 Legion Drive Ms. Dameron stated the American Legion is a requesting a management change for their pouring license and Mr. A. D. Burchfield would be the new licensed agent. Mr. Burchfield has held the license on other occasions. Mayor Bacon stated this is a public hearing and asked if there was anyone here in opposition to the privilege license change at this location. There was none. Councilman Hawkins asked Mr. Burchfield how many times he had held the license and Mr. Burchfield stated this would be the second time for him. Mr. Hawkins stated this is merely a change in who holds the license and asked Mr. Burchfield if he was a member of the Legion. Mr. Burchfield responded he is the Adjutant of the Legion. Mr. Hawkins asked Mr. Burchfield if he understood all the ordinances pertaining to be the agent and Mr. Burchfield responded that he did. Councilman Hawkins made a motion to approve the license change to Mr. Alvin DeWitt Burchfield. Councilman Scoggins seconded the motion. Motion was approved 7-0. (G) Ordinance Amendment - Section 710 - City of Smyrna Zoning Ordinance Ms. Dameron stated that it has been recommended that our Zoning Ordinance be amended to broaden the defined uses in the O and I (Office and Institutional) categories to include research and experimental laboratories under certain conditions. We have advertised for a public hearing tonight and after review and a recommendation it will be turned over to the Planning and Zoning Board to come back March 2, 1992, for a final vote. February 17, 1992, meeting - continued addresses of three additional candidates from which he may fill the said vacancy. It is within the authority of the Chief to reject all candidates submitted to him. Councilman Lnenicka made a motion to amend the Charter of the City of Smyrna, Division 4, Civil Service Section 77 pursuant to the Municipal Home Rule Act of 1965 to incorporate this new Division 4, Section 77. Councilman Lnenicka stated a complete copy of this revision will be on file in the City Clerk's office at City Hall. Councilman Jim Hawkins seconded the motion. Motion was approved 7-0. (B) Annexation of Vacant Lot Behind 219 Oak Forest Drive Mayor Bacon stated this is a public hearing and asked if there was anyone here in opposition to this annexation. There was none. Councilman Wood stated he has met with Mr. Lee and is familiar with the property. Mr. Wood made a motion that the property located in the 17th District, 2nd Section of Cobb County, Georgia, Parcel 1, Land Lot 239, be annexed into the City of Smyrna and become a part of Ward 7. Bill Scoggins seconded the motion. Motion was approved 7-0. This property is located in Bennett Woods North. Mr. Lee thanked the City for annexing his property into the City. (C) Annexation of Property - Intersection Corn Road and Jonquil Drive Extension Mayor Bacon stated this is a public hearing and asked if there was anyone here in opposition to this annexation. There was none. Councilman Ron Newcomb stated Mr. J. E. Loverne has requested the annexation of his property located at the intersection of Corn Road and Jonquil Drive Extension. Mr. Newcomb made a motion that we accept Mr. Loverne's petition for annexation and make it a part of Ward 2. Motion was approved by Jim Hawkins. Motion was approved 7-0. (D) Rezoning Request - 3080 Corn Road - From R-20 to L.I. (Light Industrial) Councilman Newcomb stated Mr. Robert Andrews is requesting this rezoning to build an office warehouse on this property. This request was heard by the Planning and Zoning Board and approved by that Board. Mr. Ronny Andrews stated they are requesting the rezoning from R-20 to Light Industrial (L.I.) for the purpose of building an office and a warehouse. The building will be used for a construction business that caters primarily to insurance reconstruction, i.e., to restore a home that was damaged by a fire. Mr. Andrews' company is hired by insurance companies. In the process of restoring homes, we do have an occasion to bring the furniture out of the homes and store in the warehouse until reconstruction is done. We need the additional space. We intend to build a two-story office building, with a stucco exterior and will be dressed up in a manner that will be more than acceptable to the members here and in the rear of the office building we intend to put up a metal storage facility. The office structure back to it will be a 5,000 square foot two-story building, the storage facility in the rear will be a 6,000 square foot building. This will take up half of this property and we do not have plans for the other half of the property at the moment. Councilman Hawkins asked Mr. Andrews how far off the setback of Spring Road would this building be. Mr. Andrews stated the building would not be visible from Spring Road. Mr. Hawkins asked if there would be any trucks or tractors parked at this facility. Mr. Andrews responded there will be no heavy equipment at this facility. We do have one dumptruck and that is the closest thing to heavy equipment that they maintain. Mr. Hawkins asked if all the trucks would be parked at the rear of the building. Mr. Andrews stated he hoped to acquire an additional piece of property and that he did not want to have any in -front parking at this building. It is their desire to have grass and flowers in the front of the building and a walkway to the front door. If we can acquire the property on the side of the building that is where all the parking will be. Februaryl17, 1992, meeting - continued I Councilman Newcomb asked Mr. Andrews if he had stated to the Planning and Zoning Board that you planned to landscape the front and to park on the side of the building and at the rear. Mr. Andrews responded yes. Councilman Newcomb made a motion that the Council approve the request to rezone the property at 3080 Corn Road from R-20 to Light Industrial. Councilman Wood seconded the motion. Motion was approved 7-0. (E) Variance Request - Front Yard Setback - 2528 Spring Road Ms. Dameron stated Mr. John Styslinger is applying for a variance at 2528 Spring Road, formerly known as China Station Restaurant. The variance would be for a patio to the front of the building and would reduce the front setback from fifty feet to five feet, and the side yard from ten feet to four feet. This is in Mr. Patrick's ward. Mayor Bacon stated this is a public hearing and asked if there was anyone here in opposition. There were four citizens in opposition but only two wanted to speak. Mr. Styslinger, Ms. Charlene Capilouto and Mr. Kenneth Graham were sworn in by City Attorney Charles Camp. Councilman Patrick stated Mr. Styslinger wants to remodel the old China Station restaurant to operate a sports bar. The variance request is for a new patio which would be five feet from the front property line and four feet from the side property line. Mr. John Styslinger stated they plan to put in $130,000 worth of improvements at this location. We hope to open up all sides of the building by putting in glass windows that roll up and down. We need the additional seating to compete in the market. We will only be coming within 30 feet of Spring Road. We intend to put open trellises above the patio and would come no closer to Spring Road than the existing canopies that are currently on Spring Road. To the side variance where we will be encroaching within three feet, it varies from three to five feet. There is a stone wall which creates a buffer from us and the property next door. All of our parking will be to the west on Spring Road in the shopping center parking lot. Mayor Bacon asked if Mr. Styslinger had built this type restaurant before and Mr. Styslinger replied that he had. Councilman Scoggins asked if Mr. Styslinger intended to have a pouring license at this location. Mr. Styslinger replied yes. Councilman Wood asked what would the hours of operation be. Mr. Styslinger replied from 11:30 a.m. for lunch and then reopen for dinner and continue until midnight or 1:00 a.m. seven days a week. Councilman Hawkins asked if Mr. Styslinger had tried to meet with the adjacent property owners. Mr. Styslinger responded that Ted Jones, the Realtor, had tried unsuccessfully to schedule meetings with the property owners. Ms. Charlene Capilouto, 1009 Afton Way, stated she was opposed to the opening of the sports bar or any type bar at 2528 Spring Road. She cited the horrendous traffic on Spring Road. Ms. Capilouto also stated there is also a considerable number of undesirables lingering around the bus stop which is right in front of this building. They are constantly leaving trash and often are seen at 8:00 a.m. drinking out of a brown paper bag. The most important reason for voting against the variance is that there is a day care center located next door to the proposed sports bar. Mr. Kenneth Graham, 4038 Ridge Road, co-owner of the property to the east of the subject property, stated he had been contacted by the applicant who wanted to go over the plans and see if a compromise could be reached. He felt that when you come within three feet of a person's property there was no room for compromise and did not meet with them. Mr. Graham indicated that his property is used for a day care center and kindergarten and the kindergarten teaches subjects that are taught in the common schools of our state and is licensed by the State of Georgia. Mr. Graham stated that he felt that an open air bar, that close to a building serving young children, would be disruptive to the operation of the center and opposed the granting of this variance. February 17, 1992, meeting - continued Mayor Bacon asked if there was anyone present in the audience who would like to comment on this Ordinance amendment. There was none. Councilman Newcomb made a motion to refer this to the Planning and Zoning Board. Councilman Scoggins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Bid Opening - Playground Equipment - Rose Garden Park Mayor Bacon asked if there were any bids in the audience. There were none. We received seven bids out of the eight companies that were mailed bids. The bids were open and read as follows: Leisure Lines, Inc. $12,006 Dominica Recreation Products $12,226 Plantation Playgrounds, Inc. No Bid Redwood Leisure Products, Inc. $ 8,199 Miracle Recreation Equipment Company $10,319 Quality Industries (Hunter Knepshield) $ 8,737 Landscape Structures, Inc. $15,699 Councilman Hawkins made a motion to turn the bids over to the Parks and Recreation Committee for a recommendation to be brought back at the March 2, 1992, meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Validate Petition to Annex Property - Sing Oil Company - Located at 3501 Concord Road Ms. Dameron stated Mr. A. L. Dunnam is the owner of the property and will be in Ward 7. Mr. Camp read the legal description 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, do 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 339 of the 17th District and 2nd Section of Cobb County, Georgia, being Parcel 2, and more particularly described as follows: BEGINNING at the intersection of the northern right-of-way of Sherwood Road with the eastern right-of-way of North Cooper Lake Road, running thence northerly along the eastern right-of-way of North Cooper Lake Road 643.7 feet to a point on the eastern right-of-way of Concord Road, said point being the POINT OF BEGINNING, thence northeasterly along the eastern right-of-way of Concord Road 175 feet to a point, thence southeasterly 170 feet to a point, thence southwesterly 150 feet to a point, thence northwesterly 175 feet to the POINT OF BEGINNING. 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: Sing Oil Company, s/A. L. Dunnam. Councilman Pete Wood made a motion that the petition be validated and the public hearing set for March 16, 1992. Bill Scoggins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. 8 x d' February 17, 1992, meeting - continued BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of February 3, 1992, Minutes (B) Approval to Solicit Bids - Playground Equipment at Creatwood Park (C) Approval to Solicit Bids - Permanent Bleachers at Rose Garden Park (D) Approval of Wig Wag Light - North Cooper Lake Road at South Sherwood (E) Approval to Request Bids - (2) New Police Cars Councilman Hawkins made a motion to approve the consent agenda. Council- man Scoggins seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Each department head was asked to give a report on the activities of their respective committees. With no further business, the meeting adjourned at 9:52 p.m. A. MAX BACON, MAYOR r4e.!�NPATRICK, AT) BILL SCOGGINS, WhAD 3 ACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD MELINDA DAMERON, CITY CLERK I Lt RON NEWCOMB, WARD 2 W � ' , •, I WADE S - TCKkl, WARD