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11-18-1991 Regular MeetingNovember 18, 1991 The regular scheduled meeting of Mayor and Council was held November 18, 1991 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Protem Jim Hawkins. All council members were present. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Communications Director Steve Ciaccio, Police Chief Stan Hook, Finance Director Emory McHugh, Community Relations Director Kathy Barton, Fire Chief Larry Williams, City Engineer Ken Hildebrandt, Library Director Laurel Best, Parks and Recreation Director Sherry Reavis, Public Works Director Vic Broyles and representatives of the press. Invocation was given by Stephen Kimmel, pastor of Smyrna First Baptist Church followed by the pledge to the flag. Mayor Protem Jim Hawkins announced that Mayor Bacon was out of town this week attending a conference for the postal service. PUBLIC HEARINGS: (A) Variance request to reduce front and side setback - 3116 Wills Street John Patterson stated that Mr. Ernest Dikilato is requesting a variance to reduce the front yard setback from 35 to 11 feet and side yard setback from 10 to 3.5 feet for construction of a carport in front of his home. This request was tabled at the last meeting and there was no opposition. Jim Hawkins stated he would not be voting on any of the agenda items tonight but had visited Mr. Dikilato's home since the last meeting and had no problem with the variances. Mr. Dikilato said the carport would not be enclosed on the sides and was being constructed to protect his vehicles from the weather. A letter was also presented from the adjoining neighbor stating they had no objections to the carport. Mr. Lnenicka said this is a dead end street and very quiet neighborhood. The carport will not be enclosed and therefore should not obstruct the view of traffic. Mr. Lnenicka made a motion the variances be approved as requested with a stipulation that the addition never be enclosed as garage. Jack Shinall seconded the motion which carried 6-0. (B) Variance request to reduce side setback at 1176 Pinehurst Drive John Patterson stated that Mr. Waymon Snyder is requesting a variance to reduce the side yard setback from 10 to 2 feet to replace an existing roof on his carport. There was no opposition and a letter was provided from the adjacent property owner stating they had no objections to the variance. Mrs. Snyder stated the roof on the existing carport had become rotten and while it was being replaced, learned they must have a building permit and variance. Mr. Wood said the garage encroaches 8 feet into the setback and when the old roof was removed, the grandfathered setback no longer applied. Mr. Wood said he was familiar with the home and had no problem with the variance. Pete Wood made a motion the variance be approved as requested. Wade Lnenicka seconded the motion which carried 6-0. (C) Variance request to reduce front setback - 1010 Parkland Run John Patterson stated that Mr. Chap Reed is requesting this variance to reduce the front yard setback from 35 to 23 feet for construction of a new home. There was no opposition. Mr. Reed said there are 16 to 17 homes in the development at the present and the owner of this lot has a particular set of plans for the home she wants to build. The lot is on a cul-de-sac and the lots on either side are now vacant. This is the only way this particular plan will fit on the lot but Mr. Reed said he could meet other setback requirements and did not expect this development to require future variances on the other two lots. Pete Wood made a motion the variance be approved as requested. Bill Scoggins seconded the motion which carried 6-0. FORMAL BUSINESS: November 18, 1991 meeting - continued (A) Certification of November 5, 1991 election results Election Superintendent Linda Smith read the results of the November 5, 1991 city election. A run-off election in Ward 5 will be conducted November 19, 1991 to determine the winner. Bill Scoggins made a motion the election results be certified and accepted as presented. Jack Shinall seconded the motion which carried 6-0. (B) Ordinance amendment - Section 14-12 (license fees for insurance agencies) John Patterson stated that this code section should be amended to allow an increase of business license fees to insurance agencies, from $75 to $100 annually. These fees are regulated by the State and the fee structure determined by population. The 52% population increase for Smyrna in the 1990 Census allows the increase in fees effective January 1, 1992. Wade Lnenicka made a motion Section 14-12 (a) and (c) be amended to increase insurance agency license fees from $75 to $100. Pete Wood seconded the motion which carried 6-0. (C) Bid opening: computer hardware for Communications Department Bids were opened, read and recorded as follows: Soft Warehouse No bid Atlanta Technological Service $12,335 and $9,780 Computer Solutions $6,056 AC3 $7,433 Radio Shack No bid Greenleaf Computer Service No bid Pete Wood made a motion the bids be turned over to the committee for review and recommendation back at the next meeting. Jack Shinall seconded the motion which carried 6-0. (D) Bid opening: playground equipment for Creatwood Park Bids were opened, read and recorded as follows: Redwood Leisure $4,550.00 Hunter-Knepshield $5,607.28 Dominica Recreation $4,850.00 + 41.25 business license Landscape Structures $5,784.78 Leisure Lines $6,268.00 Norvell-Hasley $5,766.00 Bill Scoggins made a motion the bids be turned over to the committee for their recommendation back at the next meeting. Pete Wood seconded the motion which carried 6-0. (E) Validate petition to annex property at Spring Street/Spring Road Attorney Charles Camp read an application for annexation 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 631 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the south side of Spring Street (50 foot right of way), said point being 153.86 feet west of a right of way monument found at the intersection of Spring Street and Spring Road; from said point of beginning running south 01 degrees 05 minutes 06 seconds east a distance of 108.56 feet to the north right of way of Spring Road (110 foot right of way); November 18, 1991 meeting - continued thence running south 63 degrees 33 minutes 22 seconds west along the northern right of way of Spring Road a distance of 117.81 feet to an iron pin set; thence north 00 degrees 35 minutes 54 seconds west a distance of 65.47 feet to an iron pin set on the southern right of way line of Spring Street; thence south 87 degrees 34 minutes 23 seconds east a distance of 105.25 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: s/AARON FELDMAN Bill Scoggins made a motion the petition be validated and a public hearing set for December 16, 1991. Wade Lnenicka seconded the motion which carried 4-2 with Jack Shinall and Bob Davis opposed. Mr. Shinall said Mr. Feldman is planning to open a pawn shop at this location and since he had consistently opposed pawn shops, would not vote for the annexation. (F) Re -adoption of Chapter 10 (Fire Protection and Prevention) of Code of Ordinance John Patterson stated the Governors Growth Strategies program in the State requires that every city have a minimum set of standards to govern construction. The Department of Community Affairs will review all the codes in the State and after reviewing our codes, have provided no comment which requires that we re -adopt our Fire Prevention and Protection and Building codes as they stand. Kathy Jordan made a motion that Chapter 10 (Fire Protection and Prevention) Codes be re -adopted. Pete Wood seconded the motion which carried 6-0. (G) Re -adoption of Article II (Building Code); Article III (Electrical Code); Article IV (Gas Code); Article V (Mechanical Code); Article VI (Plumbing Code); Article VII (Sign Code); Article VIII (Swimming Pool Code; Article IX (Housing Code); Article X (Excavating & Trenching) Bob Davis made a motion the City of Smyrna building codes, Articles II through X, be re -adopted. Bill Scoggins seconded the motion which carried 6-0. (H) Approval of Civil Service examination and promotional procedures Pete Wood made a motion this item be tabled for further study. Jack Shinall seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to report. CONSENT AGENDA: (A) Approval of November 4, 1991 minutes (B) No parking zone - Glenroy Place from Spring Road a distance of 150 feet (west side) (C) Approval of rules and regulations - Smyrna Fire Department (D) Approval of freeze on travel and capital expenditures (E) Approval to advertise for Civil Service Charter amendments Wade Lnenicka made a motion the consent agenda be approved. Bob Davis seconded the motion which carried 6-0. COUNCIL INPUT: Councilman Pete Wood said he had received a report from Communications for the month of October indicating that 4,919 calls were dispatched with 1,620 of those being emergency calls. Mr. Wood commended the employees in that department for the good job they do. Kathy Jordan said she was pleased to announce that the new fire and police precinct opened today and is operational. Chief Williams said the new station would allow them to reduce their response time from 7 or 8 minutes to no more than 2 or 3 minutes for that area. Jack Shinall urged the residents of Ward 5 to vote in the run-off election tomorrow. November 18, 1991 meeting - continued Bill Scoggins read a letter from a business owner who recently rented the community center facilities for a sports day event, congratulating the City on the beautiful center and courteous staff. Reports were given from Community Relations and Parks Department. The community center now closes at 10:00 p.m. rather than 11:00 p.m. Also, open gym time in the evenings, Saturday and Sunday is available only to Smyrna residents who show proof of residency with a library card. Wade Lnenicka thanked Dr. Robert Mainor for donating $200 for purchase of books for our library. Mr. Lnenicka also thanked the Public Works department for the work done in the last two months on creeks in Creatwood and Argyle Estates. These projects have been on the drainage improvement list for almost 3 years now and have delayed because of rain. Jim Hawkins stated that Jane Mears, Personnel Director is at home from the hospital today after having surgery and wished her well. Also, condolences go to Sue Blaydes and her family following the death of her mother early this morning. Mr. Hawkins said his father in law also passed away last week and expressed appreciation to everyone for their cards and flowers. With no further business, meeting adjourned at 8:20 p.m. A. MAX BACON, MAYOR CHARLES PETE WOOD, WARD 7 CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA CITY ELECTION 12948 REGISTERED HELD THIS TUESDAY, NOVEMBER 5, 1991 '164 1 VOTING We the duly appointed election Managers to conduct this election, declare the following results: WARD 1 WARD 5 FOR MAYOR: FOR MAYOR: A. MAX BACON ( I ) 125 A. MAX BACON ( I ) 365 LENNA DENE LINDSEY 70 LENNA DENE LINDSEY 320 FOR COUNCIL: FOR COUNCIL: CHARLENE RENEE CAPILOUTO 82 JACK R. CRAMER 328 JOHN H. PATRICK 108 KATHY BROOKS JORDAN (I) 112 JACK SHINALL ' (I ) 282 WARD 2 WARD 6 FOR MAYOR: FOR MAYOR: A. MAX BACON ( I ) 181 A. MAX BACON ( I ) 376 LENNA DENE LINDSEY 129 LENNA DENE LINDSEY 154 FOR COUNCIL: FOR COUNCIL: RONALD L. NEWCOMB 222 FRANKLIN L. ADAMS 179 BETTY MCLAIN TURLEY 103 WADE S. LNENICKA (I) 363 WARD 3 WARD 7 FOR MAYOR: FOR MAYOR: A. MAX BACON ( I ) 192 A. MAX BACON ( I ) 480 LENNA DENE LINDSEY 97 LENNA DENE LINDSEY 383 FOR COUNCIL: FOR COUNCIL: BILL SCOGGINS ( I) 245 PETE WOOD ( I) 694 (UNOPPOSED) (UNOPPOSED) MAYOR - TOTAL* FOR MAYOR: A. MAX BACON ( I ) 2140 A. MAX BACON (I) 324 LENNA DENE LINDSEY 1480 LENNA DENE LINDSEY 296 *INCLUDES ABSENTEE VOTES FOR COUNCIL: FROM ALL WARDS JIM HAWKINS ( I ) 505 (UNOPPOSED) We therefore certify to the Mayor and Council of the City of Smyrna, the election of: MAYOR A. MAX BACON COUNCIL WARD 1 JOHN H. PATRICK COUNCIL WARD 2 RON NEWCOMB COUNCIL WARD 3 BILL SCOGGINS COUNCIL WARD 4 JIM HAWKINS COUNCIL WARD 5 RUN-OFF COUNCIL WARD 6 WADE LNENICKA COUNCIL WARD 7 CHARLES "PETE" WOOD They have received a majority of the votes cast. LINDA SMITH SUPERINTENDENT OF ELECTION CHIEF MANAGER, WARD 1 CHIEF MANAGER, WARD 2 CHIEF MANAGER, WARD 3 CHIEF MANAGER, WARD 4 CHIEF MANAGER, WARD 5 CHIEF MANAGER, WARD 6 CHIEF MANAGER, WARD 7 y MELINDA DAMERON CITY CLE /S (DATE) f CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA RUN-OFF ELECTION HELD THIS TUESDAY, NOVEMBER 19, 1991 1,662 REGISTERED 649 VOTING We, the duly appointed election Managers to conduct this election, declare the following results of the run-off election held in Ward 5. WARD 5 JACK R . CRAMER 379 JACK SHINALL 270 We therefore certify to the Mayor and Council of the City of Smyrna, the election of: COUNCIL WARD 5 JACK R. CRAMER He has received a majority of the votes cast. CHIEF MANAGER, WARD 5 LINDA SMITH MELINDA DAMERON SUPERINTENDENT OF ELECTION CITY CLERK November 19, 1991 ( DATE )