Loading...
11-04-1991 Regular MeetingNovember 4, 1991 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on November 4, 1991 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, Library Director Laurel Best, Police Chief Stan Hook, Fire Chief Larry Williams, City Engineer Ken Hildebrandt, Finance Directory Emory McHugh, Community Relations Director Kathy Barton, Communications Director Steve Ciaccio, Parks Superintendent Keith Nelson and representatives of the press. Invocation was given by Pastor James Griffin of Bethany Methodist Church. Fire Chief Larry Williams introduced the 1991 Firefighter of the Year, Ron Towe and Chief Hook introduced Dennis Liber, patrolman of the year. Both men were recognized last week at an awards banquet sponsored by the Smyrna Oakdale Moose Lodge. CITIZENS INPUT: Judy Robinson of 3934 Lake Drive said since the last meeting she had obtained additional statements from several different residents concerning police brutality charges. During discussion Mrs. Robinson said she was not willing to share the names of the individuals with council or the committee and neither are they willing to come forward. Mrs. Robinson said she also had a copy of a falsified police report on her son, Brent. Councilman Pete Wood said the Police Committee had thoroughly investigated the allegations made by Mrs. Robinson at the last meeting and found no basis for her complaints. She would not agree to provide any further information to support her statements and her son also had refused to meet with Internal Affairs regarding the allegations although he had been invited to attend the meeting with his attorney. Information was gathered through every possible source for the investigation because the allegations are serious and it is estimated that more than 80 manhours was spent on that part. Councilman Wood and others urged Mrs. Robinson to seek a third party investigation such as the Cobb County District Attorney or Federal Bureau of Investigation if she felt more comfortable with an outside agency. Billy Fisher, a resident of Turner Drive thanked council for the personal attention they had given him for a problem in his neighborhood several months ago. Mr. Fisher also stated that he appreciated the good job our police officers are doing and he had always found them to be polite, courteous and active in the community. Harry Osterhoudt complained about the signs that had been placed on city streets stating that paving had been completed by the Mayor and Council under the 1% sales tax project. Mr. Osterhoudt said he felt the signs were a waste of tax payers money and also voiced complaints about the current tax rate and money spent on the new downtown development that was constructed without a referendum. Mayor Bacon said the city paved 44 streets -under the 1% tax program and thought it was important to let our citizens know that their tax money is being spent on city streets, rather than in other parts of the county. Also, many citizens have had their assessments and taxes lowered by appealing to the Cobb County Board of Assessors. May Russell stated she was a new resident in Smyrna and was recently given a citation for speeding. Ms. Russell said the officer was discourteous and demanded that she sign acknowledgment of the ticket without reading it first. Mayor Bacon asked Chief Hook to meet with Ms. Russell before the meeting adjourned to discuss her complaint. PUBLIC HEARINGS: (A) Variance request - front yard setback at 3116 Wills Street John Patterson stated that Mr. Ernist Dikilato is requesting a variance on the front yard setback from 35 to 11 feet and on the side yard from 10 to 3.5 feet for construction of a 20 x 22 foot carport in front of his home. A letter was obtained from the adjoining property owner stating he had no objections and there was no opposition from the audience. Jim Hawkins said he had no problem with the side yard variance but since he had not seen the house and proposed addition, had some reservations about the front setback being reduced to 11 feet. November 4, 1991 meeting - continued Wade Lnenicka said Wills Street was a part of his ward prior to the change brought about by reapportionment and supported the request by Mr. Dikilato since he was familiar with it. Jim Hawkins made a motion the variance be tabled for 2 weeks so that he could look at the site of the proposed addition. Jack Shinall seconded the motion which carried 7-0. (B) Privilege license - liquor, beer and wine pouring for Black -Eyed Pea Restaurant, 2590 Spring Road John Patterson stated that Black -Eyed Pea is requesting an agent change at their new location in Smyrna now that a manager has been secured. Mr. James Ellison will be the manager and permanent agent and meets all ordinance requirements. The police investigation into Mr. Ellison's background was also favorable and there was no opposition from the audience. Mr. Ellison said he was currently in training and would manage the restaurant when they open in late January. Mr. Ellison said he had read the ordinance and had no problems with it. Black -Eyed Pea Restaurants have a.very strict policy regarding sales of alcoholic beverages to customers and each restaurant has a 3 drink limit for their patrons. Also, no more than 2% of their sales is derived from alcohol. Bob Davis made a motion the license be approved. Wade Lnenicka seconded the motion which carried 7-0. (C) Privilege license - beer and wine package sales at Starvin Marvin, 4495 South Cobb Drive John Patterson stated that Mr. Mohammed Eizaddust is applying as the new agent/manager for the Starvin Marvin at South Cobb and Camp Highland Road. This property was annexed into the City on August 5, 1991 and was licensed in the county at the time. The police investigation was favorable and there was no opposition. Mr. Eizaddust said he was an American citizen, a resident of Cobb County for 15 years and met all other code requirements. Also, he was familiar with the ordinance regarding sales of alcoholic beverages. Pete Wood made a motion the license be approved as requested. Bill Scoggins seconded the motion which carried 7-0. (D) Privilege license - beer and wine package sales at 777 Food Store, 1649 Smyrna Roswell Road Mayor Bacon stated this application will be continued to the November 18th meeting at the request of the applicant, Jae Son Kim in a letter sent to the City via facsimile today. (E) Annexation of property at 911 Wells Circle John Patterson stated that C. J. Fouts is requesting this property be annexed into the City. All required advertisements have been made since the petition was validated at the October 7th meeting. There was no opposition. Kathy Jordan made a motion the property be annexed into the City and made a part of Ward 5 (formerly Ward 6)' Wade Lnenicka seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Ordinance amendment - public indecency Jim Hawkins stated that this ordinance amendment would be tabled tonight because the City still has a suit pending in Federal Court and did not want to take any action that may affect the ruling in that case or give the appearance that it was being directed at any particular person or business. Jim Hawkins made a motion the ordinance be tabled. Jack Shinall seconded the motion which carried 7-0. (B) Ordinance amendment - Atchitectural Design District and Central Business November 4, 1991 meeting - continued District Guidelines John Patterson stated these ordinance amendments will implement the policies established some time ago when the Downtown Development District was created and will establish architectural guidelines and zoning standards for the core downtown area under development. These amendments have been advertised for a public hearing tonight and the documents have been available to the public for review. Jim Hawkins said this a lengthy document and the purpose is to create a Smyrna Architectural Zoning District ordinance. Within the ordinance we will establish an architectural design district category which mainly concerns the downtown area. Secondly, the amendment will create an Architectural Design Committee to approve building or development plans. This amendment will ensure quality building and a blending of architecture in the downtown area. Mr. Hawkins made a motion the zoning ordinance be amended by adding Appendix E, Article VII, Section 601 of Article VI, Section 6-103 of Article VII, Sub -section 402, Sub -section 802 and Sub -section 906 with complete copies of the amendments on file in the City Clerks office. Pete Wood seconded the motion which carried 7-0. (C) Ordinance amendment - buildings hearing officer John Patterson stated that some time ago procedures were modified for condemning unsafe structures and structures that are more than 50% damaged. There is a provision for rehabilitation of those that are damaged provided that corrective action is taken quickly. As a part of that, a hearing officer was appointed to hear complaints by members of the public or Code Enforcement Officers and this ordinance will establish those duties and guidelines. This ordinance also conforms with State law. Bob Davis made a motion the ordinance be amended by adding a new Article IV, Sections 11-50 to 11-57, with the complete amendment on file in the City Clerks office. Bill Scoggins seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. RM LWAPnq — (A) Vehicle for Parks Department Bill Scoggins made a motion the bid be awarded to Family Ford, the low bidder at $14,687. Pete Wood seconded the motion which carried 7-0. (B) Vehicle for Community Development Bob Davis made a motion the bid be awarded to Hardy Family Ford, the low bidder at $10,978.50. Wade Lnenicka seconded the motion which carried 7-0. CONSENT AGENDA• (A) Approval of October 7, 1991 minutes (B) Purchase vehicle for Police Department (C) Authorize Mayor to sign Coliseum Authority documents Bill Scoggins made a motion the consent agenda be approved. Wade Lnenicka seconded the motion which carried 7-0. COUNCIL INPUT: Wade Lnenicka congratulated the Library for another good month in October. Circulation is up 21% overall and seven non-resident cards were issued during the month. Mr. Lnenicka also urged everyone to vote tomorrow in the City General election. Jim Hawkins also reminded everyone of the Cobb County School Bond referendum tomorrow and it's important that everyone vote on this issue. Jack Shinall congratulated the Policeman and Firefighter of the Year and reminded everyone that there have been several changes in ward structure through the reapportionment. Residents of Ward 5 will vote tomorrow at Belmont Hills Elementary School. November 4, 1991 meeting - continued Pete Wood called on Chief Hook for a report from the Police Department and also congratulated the Policeman and Fireman of the Year. With no further business, meeting adjourned at 8:55 p.m. 4