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09-21-1992 Regular MeetingSeptember 21, 1992 The regular scheduled meeting of Mayor and Council was held September 21, 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 Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Parks and Recreation Director Sherry Reavis, Library Director Laurel Best, Accounting Supervisor Claudia Edgar, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt, Personnel Director Jane Mears, Fire Chief Larry Williams, Police Chief Stan Hook and representatives of the press. Invocation was given by Councilman Jim Hawkins. CITIZENS INPUT: Wynelle Maine presented a copy of her first book "Investigation of Angels" to Laurel Best, to be placed in the Smyrna Library. Kathy Thurman, Director of Hairdressers for Humanity invited council to attend their benefit October 10th from 9:00 to 6:00 for needy and unfortunate people. They are sponsoring a yard and craft sale with food, live entertainment. They are asking for minimum donations of $5.00 for haircuts. Angela Lane complained of the amount of the fines charged in Smyrna Municipal Court which she felt were excessive. Mayor Bacon asked Ms. Lane to leave her name and telephone number so that Chief Hook could contact her to discuss her particular case. PUBLIC HEARINGS: (A) Variance request - reduce side yard setback at 1870 Tecumseh Trail Bob Thomson stated that Mr. Price Weaver is requesting a variance to reduce his side yard setback requirement from 10 feet to 6 inches to allow construction of a carport at his home. A letter has been presented by the adjoining neighbor stating they have no objections and there was no opposition from the audience. Mr. Weaver stated he moved into his home about 2 years ago and would like the carport addition to protect his vehicles. The addition will be built over an existing concrete slab. Councilman Lnenicka made a motion the variance be approved as requested. Jim Hawkins seconded the motion which carried 7-0. (B) Privilege license - agent change - Casa Gallardo Restaurant, 2816 Spring Road Bob Thomson stated that Casa Gallardo is requesting an agent change for their alcoholic beverage pouring license and has designated Ms. Brenda Lee as the new agent for the corporation until a new agent who works directly with the restaurant can be obtained. Ms. Lee has been a Cobb County resident for 5 years and is an attorney representing the company. The police investigation was favorable and there was no opposition. Councilman John Patrick made a motion the license be approved as requested. Bill Scoggins seconded the motion which carried 7-0. (C) Privilege license - agent change - Red Lobster, 2579 Cobb Parkway Bob Thomson stated that Red Lobster is requesting an agent change for their alcoholic beverage pouring license and has designated Elaine Everett as the new acting agent. Ms. Everett has worked for Red Lobster for approximately 11 years, has been a resident of Cobb County for 16 months and meets all other requirements of the ordinance. The police investigation was favorable and there was no opposition. Councilman John Patrick made a motion the license be approved as requested. Jim Hawkins seconded the motion which carried 7-0. (D) Privilege license - beer, wine, liquor package sales - Corner Package Store, 4499 South Cobb Drive Bob Thomson stated Connie Hyun Choe is requesting a new license for this location located at Highlands Festival Shopping Center. Ms. Choe is an American citizen, SeDtember 21. 1992 meetina - continued has been a resident of Cobb County for 11 years and meets all other requirements of the ordinance. The Police investigation was favorable and there was no opposition. Councilman Wood asked Ms. Choe how she would verify age of her customers. Mr. Choe said she would ask for their drivers license and although she has had no experience in this business felt she understood the laws and regulations governing sales of alcoholic beverages. Councilman Lnenicka urged Ms. Choe to be very careful about checking ages to avoid any problems involving sales to minors. Councilman Wood made a motion the license be approved. Ron Newcomb seconded the motion which carried 7-0. (E) Variance request - reduce rear yard setback at 2000 South Pioneer Drive Bob Thomson stated that Bennett A. Brown, III is requesting a variance to reduce the rear yard setback of this property from 30 to 5 feet to allow a 35 x 85 foot building addition. The abutting property owner is Chambers of Georgia and they have provided a letter supporting the variance. There was no opposition. Mr. Ney and Mr. Malcolm represented Low Country Barbecue. Mr. Ney stated the owners would like to expand their existing catering facilities. The business is just off Oakdale Road and is an excellent facility, but they need additional space for storage. Chambers of Georgia owns property to the north, east and south and they are satisfied with their plans for expansion. There is also a problem with the topography and contour of the land, further necessitating the need for the variance. Councilman Wood said he had visited the facility and met with the owners and adjacent property owners and felt the addition would not only help Low Country Barbecue but would also benefit Chambers. Mr. Wood made a motion the variance be approved as requested. Jim Hawkins seconded the motion which carried 7-0. (F) Variance request - reduce side yard setback - Paces Properties Bob Thomson stated that Michael Hammer with Paces Properties is requesting a variance to reduce the buffer requirements on this property from 50 to 20 feet on the western boundary line to accommodate parking requirements. This is a 7.5 acre tract on Spring Road located behind the Blackeyed Pea Restaurant. The property abuts Colonial Pipeline to the east, railroad right of way to the south and Cumberland Bridge Apartments to the west. There was no opposition. Felix Cochran represented Paces Properties and stated they were requesting the variance to allow parking in the 50 foot buffer area. The remaining 20 foot strip along the property line will be replanted with pine trees and landscaped. There are no trees on this property now and they felt trees would be more beneficial than a fence to the residents at Cumberland Bridge. Councilman Ron Newcomb asked how many parking spaces were required by the City. Mr. Cochran said he did not recall the number exactly. A variance was granted 7 or 8 years ago to reduce the number of parking spaces f or development of a shopping center and theater but that would not be relevant to this issue. Mr. Newcomb said it appears they have quite a large number of parking spaces and thought perhaps they may have over estimated the number of spaces that would be needed. Mr. Newcomb said he had some concerns since this variance abuts residential property and the ordinance does require a 50 foot buffer strip. Mr. Newcomb said he knew there was a road on the other side of the property line which gives distance between the developments, but that pavement is not a natural buffer. The purpose of the buffer is to improve the quality of living for the residents there and he thought the ordinance provided a clear mandate of the natural buffer area. Mayor Bacon said he had visited the site and there is a fairly heavy buffer that exists, in addition to a driveway and parking area at the apartments. Mr. Cochran said it was probably 150 feet or more to the nearest building in the complex. Jim Hawkins and Pete Wood both stated they had visited the site and since the variance will be adding to the buffer that is already there, did not think it September 21, 1992 meeting - continued would have a significant impact on the residents in the complex. John Patrick made a motion the variance be approved as requested. Jim Hawkins seconded the motion which carried 6-1 with Ron Newcomb opposed. (G) Variance request - sign - Paces Properties Bob Thomson stated that Mr. Felix Cochran is also requesting a variance to erect a freestanding sign on property his company is developing on Spring Road adjacent to the Blackeyed Pea Restaurant. The sign would provide copy area for five tenants with a changeable copy section and will total 320 square feet whereas our ordinance allows a maximum of 120 square feet. There was no opposition. Mr. Cochran said this is a shopping center identification sign and presented photographs of different centers throughout the county with signs equal to or greater in height and coverage. The sign will provide copy area for tenants within the property including Chicago Pizza and four others. The sign will be a brick base with metal sides. Councilman Lnenicka said he hoped the motion would include a stipulation that the sign be constructed exactly as per drawing submitted in terms of outside dimensions. Councilman Hawkins asked about the location of the sign and asked if it would, in any way, block visibility of Blackeyed Pea. Mr. Cochran said the sign would be on the opposite corner from Blackeyed Pea and would have no effect on their sign. Mr. Cochran said he was a strong supporter of good signage and would not allow portable signs on the property. Councilman Ron Newcomb said the copy area of the sign is 320 square feet but when you take into account the sides, it is actually 490 square feet. Mr. Newcomb said the ordinance does say that signs shall be no greater than 120 square feet of copy area. In this case, it does seem that perhaps the ordinance needs to be revised because there are some very tasteful signs that are of this size and this seems to be an appropriate area. Councilman Patrick made a motion the variance be approved with a stipulation that portable signs be prohibited. Jim Hawkins seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Appointments to Parks and Recreation Commission John Patrick made a motion that Barbara Nisoff, 2503 Spring Drive, be appointed to the Parks Commission representing Ward 1, for a 3 year term. Jack Cramer seconded the motion which carried 7-0. Ron Newcomb made a motion that Fran Kington be appointed to the Parks Commission representing Ward 2, for a 3 year term. Jim Hawkins seconded the motion which carried 7-0. Jim Hawkins made a motion that Debbie Clayton be appointed to the Parks Commission representing Ward 4, for a 3 year term. Bill Scoggins seconded the motion which carried 7-0. Pete Wood made a motion that John Pepper be appointed to the Parks Commission representing Ward 7, for a 3 year term. Jim Hawkins seconded the motion which carried 7-0. (B) Bid opening - van for the Public Works Department Bids were opened, read and recorded as follows: Smyrna Truck & Body No bid Mayor Bacon asked the Public Works Committee to review the specifications to determine why bids were not received. (C) Appointment of City Solicitor and Municipal Court Judge September 21, 1992 meeting - continued Councilman Lnenicka said we had planned to appoint John Isom as Solicitor and Mike Whaley as Judge; however, a local attorney has raised a constitutional question and Mr. Lnenicka made a motion the appointments be tabled to October 5, 1992. Bill Scoggins seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to report. CONSENT AGENDA: (A) Approval of September 8, 1992 minutes (B) No parking signs - Falling Water Drive at Brookview Drive (C) 1% Road list (D) Approval to solicit proposals for preparation of a solid waste management plan (E) Approval to install stop signs on Manson Avenue at Winding Valley Drive (F) Approval to solicit bids for UL 38' lift - Parks and Recreation Department Pete Wood made a motion the consent agenda be approved. Ron Newcomb seconded the motion which carried 5-0 with Wade Lnenicka opposed and Jim Hawkins abstaining. COMMITTEE REPORTS: John Patrick called on Laurel Best for a report from the Library. Ron Newcomb commended Ken Hildebrandt for his success in obtaining State DOT funding for paving of Highlands Parkway. The State has agreed to reimburse up to $85,000 for this project. Bill Scoggins called on Larry Williams for a report from the Fire Department. Mr. Scoggins said that during the election in July we received complaints from the public about the condition of the building at Station #3 and inquired as to the progress of those repairs. Chief Williams said that hopefully, we are finishing up those details. Material has been ordered and it will definitely be in better shape by next election. Jim Hawkins called on Vic Broyles for a report from Public Works and Kathy Barton for a report on recycling. Jim Hawkins said the Public Works Department will soon make a recommendation that proof of residency be required to use the roll -off containers at the Sanitation office on Smyrna Hill Drive, with a small fee charged for non-residents. These dumpsters are heavily used and they are pulled to the landfill almost daily, at a charge of $100 per pull so this is an expensive service. Jack Cramer reported that he had conducted a community meeting with half his ward and would have the other half next month. About 60 residents attended to express their concerns, primarily regarding drainage problems. Councilman Cramer stated that he wholeheartedly backed and supported his fellow council members and appreciated everything they have done. Often, statements made to the news media are taken out of context or misquoted but Mr. Cramer said as the junior member on council he knew he had a lot to learn and appreciated the team effort. Councilman Wade Lnenicka recognized the Police Department and Officer R. K. Black and Court Services Clerk Betty Longdin for courteous assistance they recently provided to some of our residents. Mr. Lnenicka stated that James R. Schlesenger testified today before the U.S. Senate who was Secretary of Defense and head of the CIA about 20 years ago. He stated under oath that in 1973 we left known POWs in Laos and for the record, if he knew that at the time it should be considered a war crime and he should be prosecuted. With no further business, meeting adjourned at 8:47 p.m. September 21, 1992 meeting - continued A. MAX BACON, MAYOR J!6� A6 R-a-f—�z J60,�� TRICK, WARD 1 11 1.1-11 f 1,17 MELINDA DAMERON:,. RK RON NEWCOMB, A, 'w. STLL SCOGGINS, WPM 3 AME M. HA �JIACK.,�!�AMER, WARD 5 WADE LNENICKA, CHARLES PETE WOOD, WARD 7 '.. "m A CITY SOLICITOR I, JOHN G. ISOM, do solemnly swear that I will well and truly demean myself as City Solicitor of the City of Smyrna for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my ability, without fear or f avor, and in all my actions as City Solicitor act as I believe for the best interest of the said city. So help me God. A&� z 0 G. I VM Sworn to and subscribed before me this 5th day f 0 ber, 1992. A. MAX BACON, MAYOR MUNICIPAL COURT JUDGE I, R. MICHAEL WHALEY, do solemnly swear that I will well and truly demean myself as Municipal Court Judge of the City of Smyrna for the ensuing term, and that I will faithfully enforce the charter and, d' ances of said city to the best of my ability, without f ear ..�r 1 n 0-y aypr, and in all my actions as Municipal Court Judge act as I or -the best interest of the said city. So help me God. .IMICHAEL WHALEY Sworn to and c b _,.�i scri e before me this 5,th—awV` er— 1992. A. MAX BACON, MAYOR