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03-16-1992 Regular MeetingMarch 16, 1992 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on March 16, 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 Brother Robert Belliveau, MS, of Saint Thomas the Apostle Catholic Church, followed by the pledge to the flag. CITIZENS INPUT: Mrs. Sue Brissey questioned the fee adjustment for pawn shops and check cashing establishments listed on the consent agenda. She expressed concern that if these businesses were allowed to pay the lower business license fee, the difference in lost revenue would have to be made up by the home owners. Mayor Bacon explained this item had been turned over to the Finance and Administration Committee for their review. Councilman Wood stated they had met with members of the business community and listened to their concerns regarding what the businesses felt was a tremendous increase in these fees. As a result of this meeting, the City decided to allow the pawn shops and check cashing establishments to pay the 1991 business license fee for this year pending further review and recommendations to be made later this year. The Finance and Administration Committee still feels an increase is necessary but also feels the issue requires more study. Some check cashing businesses do a lot more than just cash checks and we want an opportunity to review this in more detail. Mr. Wood stated his committee would be reviewing several categories of businesses and will make a recommendation later this year as to any changes that are needed. Mr. Wood stated there was a proper procedure to be followed when increasing business license fees and that the City had followed the prescribed procedures. The main concern of the pawn shop and check cashing business establishments was the percentage of increased passed on to them. The Council feels it is fair to allow these types of businesses to pay the 1991 business license fee for this year, but the fees may change at the end of this year. Councilman Newcomb said he understood the concerns expressed by Mrs. Brissey and stated the Finance and Administration Committee felt the business license fees for all businesses should be reviewed. Ms. Ellen Carruth stated she was here representing her parents, Mr. and Mrs. Nowlin of 3390 Ridgecrest Road, who have a problem with cats in their neighborhood. She indicated she has spoken with Councilman Hawkins concerning this problem and understands there is no current ordinance dealing with cats. Ms. Carruth stated one of her parents' neighbors has a large number of cats and she feels the City should have an ordinance regulating the number of cats the same as they regulate the number of dogs in the City. Councilman Newcomb asked if the problem was with mistreatment of the cats or with the number of cats allowed to be in the area. Ms. Carruth responded the number of cats is the problem and that one particular neighbor had as many as fifteen cats at one time. Mayor Bacon indicated that this matter would be turned over to the Police Committee which has jurisdiction over the Animal Control Officer for review and possible drafting of a Cat Ordinance. Councilman Lnenicka stated he has a copy of a draft ordinance dealing with cats that his committee will review and make a recommendation during the next few months. March 16,! 1992, meeting - continued: Councilman Newcomb stated that the Council is not opposed to cats but feels responsible ownership should be shared by all pet owners. Mr. Newcomb stated the Community Development Committee would work with the Police Committee on this ordinance. Ms. Judy Metts, Nancy Circle, stated she also has a problem with cats in her neighborhood and that at one time a near -by neighbor had thirty-seven cats and she felt that the number of cats allowed should be restricted. Councilman Lnenicka stated that everyone should take care of their pets and have them inoculated and his committee will move forward with a cat ordinance. PUBLIC HEARINGS: (A) Variance Request —Building Setback Line and Side Yard Setback Jocks & Jills Sports Bar - 2569 Cobb Parkway Ms. Dameron stated that Jocks and Jills Sports Bar is requesting a variance to reduce the front yard setback from 50 feet to 33.8 feet and the side yard setback from 50 feet to 28 feet for the construction of a wooden deck on the front of their building and also to expand the rest room facilities. This is in Mr. Patrick's ward. Mayor Bacon recognized Michael Small and Scott May from Jocks and Jills Sports Bar and asked if there was anyone present in opposition to this variance request. There was no one present in opposition. Councilman Patrick stated he has examined the property and seen the terms of the variance application and finds no reason to deny this variance request. Councilman Patrick then made a motion to approve the variance request. Motion was seconded by Bill Scoggins. Councilman Hawkins asked Mr. Small to briefly explain what the variance was for. Mr. May responded the first part of the request was for additional rest room facilities and the second was for an additional patio to increase their lunch business. The granting of this request will also enhance the appearance of their business. Councilman Cramer asked Mr. Small if the business would be giving up any parking spaces at their business and Mr. Small indicated there would be no parking spaces lost. Mayor Bacon asked if the any part of the deck would extend any closer to the road than the existing deck. Mr. Small indicated that it would not. Councilman Wood asked if Mr. Small had received a response from the adjoining property owners either in support or opposition to this variance request. Mr. Small indicated he had not received a response from Cedar Lake Apartments at all. Councilman Lnenicka asked Mr. Small to describe what the construction of this deck would look like. Mr. Small explained the patio would run parallel with the existing patio and be in a triangle shape to allow a good traffic flow and make the building appear to have more frontage on Highway 41. Mr. Lnenicka stated he has no problem with this variance request but wanted to state the differences in this variance request and a recent request for a variance for a deck addition at the former China Station location on Spring Road which had been turned down recently. The earlier request for a variance on Spring Road was turned down due to the deck being closer to Spring Road than the existing building and the limited visual distance from Spring Road. March 16, 1992, meetinq - continued: Councilman Wood stated the request for a variance at the Spring Road location (formerly China Station) had been for a three foot setback from the adjoining property owners which included a church, day care center and a public park. There was also a property owner present in opposition to the request for the Spring Road property. Mayor Bacon stated there had been a motion made by Mr. Patrick to approve the granting of this variance request and the motion was seconded by Bill Scoggins. Motion was approved 7-0. (B) Privilege License - Buffalo Bob's Original Wings, Inc. - 4924 South Cobb Drive Ms. Dameron stated Jason W. Hurst is applying as the agent to hold the beer pouring license for this location which has been previously licensed. Mr. Hurst is a resident of Cobb County and has met all the ordinance requirements. This is in Mr. Wood's ward. Mayor Bacon recognized Mr. Hurst and asked if there was anyone present in opposition to the granting of this privilege license request. There was no one present in opposition. Councilman Wood stated this business is on South Cobb Drive just north of Wendy's and asked if this request was just for a beer pouring license. Mr. Hurst responded that was correct: Mr. Wood asked Mr. Hurst if he was familiar with all the rules pertaining to the legal age and business hours specified in the ordinance. Mr. Hurst responded he was. Mr. Wood asked if Mr. Hurst had held the license before and Mr. Hurst responded he had not. Mr. Hurst is the acting manager of Buffalo Bob's Original Wings, Inc. Mr. Wood stated the normal police department check of the applicant indicated they had found nothing that would preclude the granting of this license. Councilman Lnenicka asked Mr. Hurst how many people would be serving alcohol in this establishment. Mr. Hurst responded there would be he and one other person and at the very most there would be three people serving alcohol if the business was extremely busy. Mr. Lnenicka asked Mr. Hurst if he was familiar with the requirements the additional servers would have to meet to be in compliance with the ordinance and Mr. Hurst stated he was aware of the requirements. Mr. Hurst stated he planned to card anyone who he thought looked thirty years of age or younger and also intends to make copies of the relevant Code sections and have his people read them and possibly have them sign a statement that they understood the Code section. Councilman Wood made a motion that the privilege request for a beer pouring license be granted as requested. Wade Lnenicka seconded the motion. Motion was approved 7-0. (C) Variance Request - Side Yard Setback - Doc's Food and Spirits - 2621 Hargrove Road Ms. Dameron stated Mr. James Brenner was requesting a variance to waive the ten foot side yard setback for a 760 square foot addition to Doc's Food and Spirits. The variance will still allow 126 feet between the building and the adjacent property owner. This is in Mr. Patrick's ward. Mayor Bacon recognized Dean Brames, Barbara and James Brenner from Doc's Food and Spirits and asked if there was anyone present in opposition to this variance request. There was no one present. Councilman Patrick stated he has examined the property requesting the variance and can see no reason why this variance should be denied. Mr. Patrick made a motion that the variance request be approved. Councilman Hawkins asked Mr. Brenner if he had tried to contact Kuppenheimer's owners regarding this request. Ms. Brenner stated she would be answering for Mr. Brenner and responded they had contacted Kuppenheimers' on January 22 and spoke to the real estate department and received verbal approval to this variance. Ms. Brenner stated the property had been posted for ten days. March 161 1992, meeting - continued: Councilman Hawkins asked Ms. Brenner to briefly describe what they plan to add at the location. Ms. Brenner stated they hoped to be able to accommodate an additional 35 or 40 people. One of the main purposes is the fact that they sponsor seven dart teams and need more space for them. Ms. Brenner stated she needs additional space to enlarge her office. Councilman Hawkins asked if there would be adequate parking for this expanded business and Ms. Brenner replied there would be. Ms. Brenner stated the addition would not be visible from either Cobb Parkway or Hargrove Road or from Kuppenheimer's as there is a large stand of trees between the businesses. Councilman Lnenicka asked Ms. Brenner to explain why it should not be a problem to come that close on the side yard. Ms. Brenner stated their business is quite a distance from Kuppenheimer's and the large stand of trees between the businesses would prevent them from being visible from Kuppenheimer's. Councilman Wood stated that the parking area of Kuppenheimer, which is at the front of their building, and the parking at Doc's is separated by a good distance. Councilman Patrick's motion to approve this variance request was seconded by Councilman Hawkins. Motion was approved-7-0. (D) Ordinance Amendment - City of Smyrna Zoning Ordinance - Section 710 Ms. Dameron stated this amendment is intended to broaden the uses defined in the Office and Institutional (0&I) Zoning category district to allow research and experimental testing laboratories with certain stipulations. This is in the Community Development Committee which is chaired by Council- man Newcomb. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to this amendment. There was no one present. Councilman Newcomb read the proposed amendment and stated his committee had met to review the amendment and stated the Planning and Zoning Board had met and approved this amendment with the recommendation that the Mayor and Council consider further stipulation,as to the quantity of material or office space that could be used for research and testing in the office. The Community Development Committee looked at the ordinance and feel it is a good one and made a motion that the ordinance be approved as is. Bill Scoggins seconded the motion. Motion was approved 6-1 with Mr. Lnenicka opposed. ` (E) Annexation of Property - 3501 Concord Road - Sing Oil Company Ms. Dameron stated the annexation has been properly advertised and is in Mr. Wood's ward. Mayor Bacon asked if there was anyone here in opposition to this annexation. There was no one present in opposition. Councilman Wood stated this annexation was publicly read two meetings ago and the public hearing date set for tonight. Mr. Wood made a motion that the Sing Oil Station property located at 3501 Concord Road be annexed into the City of Smyrna and become a part of Ward 7. Wade Lnenicka seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Agreement between Atlanta Regional Commission and City of Smyrna Regional Stormwater Characterization Plan Ms. Dameron stated the Environmental Protection Division is requiring that all cities in the metropolitan Atlanta area participate in the funding for a regional stormwater characterization plan. The Atlanta Regional Commission has been appointed as coordinator and the agent to administer the fund. The City's portion of this study will be $9,300. This is in Mr. Newcomb's committee. March 16. 1992, meeting - continued: Councilman Newcomb stated the Community Development Committee had studied this issue. He stated that the Federal Law requires that metropolitan areas look at what kind of pollutants are being picked up and carried into the water system when you have a storm and Smyrna, as a part of the Atlanta Regional Commission, is expected to carry its fair share of the monies necessary to conduct this study. Mr. Newcomb made a motion to approve the agreement and that the Mayor be empowered to authorize Smyrna's participation in this agreement with the ARC. Pete Wood seconded the motion. Councilman Scoggins stated he felt it is important for the citizens to realize we are spending their money, $9,311, to comply with this mandate and if we do not comply their is a maximum fine of $100,000 per day for failure to comply. Councilman Lnenicka stated the $100,000 fine is a per day fine if we are not in compliance and this is a necessary environmental expense that we did not budget and now we must pay this amount as part of our duty to protect the health and welfare of our citizens. Councilman Newcomb's motion to approve this agreement which was seconded by Councilman Wood was approved 7-0. (B) Validate Petition to Annex Property - 3160 Lee Street Mayor Bacon asked Mr. Camp to 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, 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 524 of the 17th District and 2nd Section of Cobb county, Georgia, being Parcel 4, and more particularly described as follows: BEGINNING at the intersection of the western right of way of Lee Street with the common lot line of Land Lots 523 and 524; thence southerly along said right of way of Lee Street a distance of 109 feet to a point, said point being the POINT OF BEGINNING; thence continuing southerly along said right of way of Lee Street a distance of 109 feet to a point; thence westerly a distance of 200 feet to a point; thence northerly a distance of 109 feet more or less to a point; thence easterly a distance of 200 feet to 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/JAMES M. HAWKINS; s/JUDY D. HAWKINS. Witness the hands and seals of 60% of the record title holders of the land described above: s/JAMES M. HAWKINS; s/JUDY D. HAWKINS. Councilman Hawkins stated this property was formerly owned by Mrs. Hawkins' parents and now is rental property owned by Judy Hawkins. The tenants had requested the property be annexed into the City. Mr. Camp stated the signatures of the renters of this property should be obtained on the annexation request. Mr. Hawkins stated he would obtain the signatures needed and then made a motion to validate the petition for annexation of the property located at 3160 Lee Street and set a public hearing date of April 6, 1992. Motion was seconded by Councilman Scoggins. Motion was approved 7-0. (C) Bid Opening - Playground Equipment - Creatwood Park Mayor Bacon asked if there were any bids in the audience. There were none. Six bids were received and opened and read as follows: March 16I 1992, meeting - continued: Plantation Playgrounds Miracle Recreation Equipment Company Landscape Structures, Inc. Dominica Recreation Products Leisure Lines Quality Industries d/b/a Hunter Knepshield No Bid $4,693.00 $7,805.70 $4,204.00 $6,516.00 $5,637.00 plus a $363 freight charge Councilman Cramer made a motion to turn the bids over to the Parks and Recreation Committee for their review with a recommendation to be brought back before Mayor and Council at the April 6, 1992, meeting. Jim Hawkins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: Ms. Dameron stated there were none. BID AWARDS: (A) Permanent Bleachers - Rose Garden Park Councilman Cramer stated the funds for these bleachers will come from the Community Development Block Grant Program (CDBG) and will not come from the City. Mr. Cramer made a motion to award the bid for permanent bleachers at Rose Garden Park to Bliss (Reeves Steel, Inc.) for $4,796.32. Jim Hawkins seconded the motion. Councilman Newcomb asked if the Parks and Recreation Committee had met and determined that the low bidder did not meet specifications. Mr. Cramer stated this was correct. The motion to award the bid to Bliss (Reeves Steel, Inc.) for permanent bleachers at Rose Garden Park was approved 7-0. CONSENT AGENDA: (A) Approval of March 2, 1992, Minutes (B) Budget Adjustments (C) Approval to request bids for water line replacement (D) Approval to install turn lane - Spring Road at Glenroy (E) Fee Adjustment for Pawn Shops and Check Cashing Establishments Councilman Hawkins made a motion to approve the consent agenda. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Each Council member was called on to give a report on the activities of their respective committees. Council members asked their department heads for an update on the activities of their departments. Councilman Lnenicka stated he had a present for the Library. Ms. Holli Cash, President of the Friends of the Smyrna Library group, and who also worked with him during his election campaign had closed out his election account and the remaining account balance of $47.20 was being given to the Friends of the Smyrna Library. Councilman Scoggins read a letter from Mr. George Hope, Executive Director of the Georgia Firefighters Standard and Training Council, to Chief Williams notifying him that each firefighter in our fire department is in compliance with the mandated requirements of the Georgia Law that established the Georgia Firefighters and Standards Council. The agency wanted to express their thanks to our department for their cooperation during the past year. The letter was signed by Mr. Jack Beasley, Administrative Assistant to Mr. Hope. Mr. Scoggins complimented Chief Williams on this accomplishment. March 16, 1992, meeting - continued: Councilman Hawkins stated we had been notified by Chambers that they are passing on to us a 3% increase in commercial sanitation charges effective in June of this year. The Public Works Committee will be making a decision on this rate increase soon. Mayor Bacon stated this will be an increase that we will have to pass on to our customers and we will probably include a notice in our water bills soon. Councilman Cramer presented the City with a plaque from the seven and eight year old Smyrna Tigers basketball team, the SAA 1991 Champions. This plaque is presented to the City in appreciation for their support. Mr. Cramer also read a letter from Bill Geter to the City in appreciation for its involvement and support in hosting the 1992 Georgia Recreational Park Association nine to ten year old girls State Basketball tournament and presented a trophy to Mayor Bacon. Another trophy was presented to Mayor Bacon from the nine and ten year old boys basketball team who won the State tournament. Ms. Dameron stated C-Mar Credit Union had opened a branch office at the old Library site. With no further business the meeting adjourned at 8:37 p.m. A. MAX BACON, MAYOR Iiq •'WARD 1 BILL SCOGGINS,y7 JACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 6 L" �&AGt� MELINDA DAMERON, C CLERK RON NEWCOMB, WARD 2 1 �