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12-07-1992 Regular MeetingDecember 7, 1992 The regularly scheduled meeting of Mayor and Council was held December 7, 1992 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Max Bacon. All council members were present. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Communications Director Steve Ciaccio, Park Superintendent Michael Justus, Community Relations Director Kathy Barton, Public Works Director Vic Broyles, Police Chief Stan Hook, Fire Chief Larry Williams, City Engineer Ken Hildebrandt, Library Director Laurel Best, Sharon Williams from the Finance Department and representatives of the press. Invocation was given by Richard Hemphill, pastor of Trinity Baptist Church followed by the pledge to the flag. CITIZENS INPUT: Tony Centre expressed his appreciation to the residents of Smyrna for their support by voting for him in the Congressional race during the November election. A representative of the Village Podiatry Group stated the Smyrna Cumberland Rotary Club and MUST Ministries were placing collection bins at several locations throughout the City for donations of shoes throughout the months of December and January. The shoes will be collected from the bins on a daily basis and left in the offices of MUST Ministries. A representative of the Hands, Feet and Mouth organization thanked the City and especially the Clean City Committee for their assistance during the neighborhood cleanup for homes of the elderly in Rose Garden Hills. Funds were donated as incentives by the Clean City Committee and the City donated garbage bags and provided special pickups. Bob Korch of 1740 Cumberland Valley Drive stated the current barking dog ordinance does not allow our law enforcement officers to handle complaints as they arise because before a citation can be issued a complaint must be signed by two or more unrelated property owners. Mr. Korch also complained about the litter problem along the right of ways at the CCT stops and the eyesore that is being created by homeowners not removing the blue recycling bins from the curb side after collections. Bill Scoggins told Mr. Korch that he agreed there is a problem with the dog ordinance and we will be working on revisions. Mayor Bacon recognized Boy Scout Troop 721 from Faith United Methodist Church. PUBLIC HEARINGS: (A) Agent change - Dee Dee's Cafe, 2365 South Cobb Drive Bob Thomson stated that Mr. Jerome Tucker is requesting a pouring license for beer only at Dee Dee's Cafe which has been in business since 1990. Mr. Tucker is a Cobb County resident and meets all ordinance requirements. The police investigation was favorable and there was no opposition. Mr. Tucker said he had worked at the cafe for 3 1/2 years, had read and understood all the ordinances pertaining to the sale of alcoholic beverages. Also, as the new owner and manager he understood that he would be the person responsible for any violations. Councilman Cramer said there have been no complaints from this location and made a motion the license be approved. Bill Scoggins seconded the motion which carried 7-0. (B) Agent change - Big Star, 3205 South Cobb Drive 64: - December 7, 1992 meeting - continued Bob Thomson stated that Mr. Bruce Emery is applying as the new agent to hold the package beer and wine license for the two Big Star locations in Smyrna. The police investigation was favorable and there was no opposition. Mr. Emery said he had resided in Cobb County for 8 years and had been an employee of Big Star the same length of time. He also realized that he would be the person responsible for violations of the ordinance and presented an outline of the training program that is required for all employees which must be acknowledge in writing as a condition of employment. Jim Hawkins made a motion the management change at 3205 South Cobb Drive be approved. Ron Newcomb seconded the motion which carried 7- 0. (B) Agent change - Big Star, 2784 Hargrove Road John Patrick made a motion the management change also be approved for this location, with Bruce Emery acting as the new agent. Jim Hawkins seconded the motion which carried 7-0. (D) Variance request - exceed one sign per property frontage at 2552 South Cobb Drive Bob Thomson stated that Fred Baruchman represented AutoZone, Inc. in their request for a variance from the sign ordinance by erecting a permanent sign in front of South Cobb Plaza shopping center. There was no opposition. Mr. Baruchman said the shopping center has a sign but there is no available space for future tenants. AutoZone is a new retail business in Smyrna and they need the additional sign since the visibility of the center is limited due to the setback from the street, which is approximately 300 feet. The sign they are proposing will be 98 square feet and will not exceed the maximum height allowed by Code. Jack Cramer made a motion the variance be approved for the sign as presented tonight. Bill Scoggins seconded the motion which carried 5-2 with Ron Newcomb and Jim Hawkins opposed. (E) Variance request - reduce side yard setback - 1261 Hunter Street Jim Nichols requested a variance to reduce the side yard setback for development of a new office building at 1261 Hunter Street. The variance will also include the allowance of two principal buildings on one lot. There was no opposition. Mr. Nichols said they purchased this tract of land in 1986 and at that time the adjoining neighbors objected to the construction of this building but have now agreed and provided a letter stating they have no objections. The variance will reduce the side setback from 50 to 10 feet and will allow a third building on the lot. Mr. Nichols said that in addition to the 10 foot setback, there is a 10 foot city -owned alley that separates his property from the residential property and they would later come to council and request that the alleyway be abandoned and conveyed equally to them. At the request of the property owners, a planted buffer will also be used in lieu of a wooden fence. After further discussion Jim Hawkins made a motion the variances be approved as requested. Ron Newcomb seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Amendment to Civil Service Board procedures December 7, 1992 meeting - continued Wade Lnenicka stated the Civil Service Board currently keeps applications current for one year and they have requested that the time period be extended to two years from the date the applicant passes the written examination for both Police and Fire Departments. This would reduce the time spent testing for new applicants and reduce the cost to the City in the hiring process. Mr. Lnenicka made a motion the Civil Service procedures be amended by adding a provision that all applicants passing the written entrance examination for Police and Fire will be held for a two year period from date of passing. Jack Cramer seconded the motion which carried 7-0. (B) Appointments to Planning and Zoning Board John Patrick made a motion that Charlene Capilouto be reappointed for a 2 year term representing Ward 2. Bill Scoggins seconded the motion which carried 7-0. Jim Hawkins made a motion that Ottis Cheatham be reappointed for a 2 year term, representing Ward 4. Wade Lnenicka seconded the motion which carried 7-0. Pete Wood made a motion that John Hicks be reappointed for a 2 year term representing Ward 7. Jim Hawkins seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) U-Auto Care requested a temporary permit for an emission station at South Cobb Plaza shopping center for a 6 month period. Jack Cramer made a motion the permit be approved. Jim Hawkins seconded the motion which carried 7-0. (B) Georgia Emission Testing requested a 6 month permit for an emission testing station at Belmont Hills Shopping Center. Jim Hawkins made a motion the permit be approved. Jack Cramer seconded the motion which carried 7-0. (C) Covered Bridge Emissions requested a 6 month permit for a temporary emission station at Spring Road and Bell Drive. John Patrick made a motion the permit be approved. Bill Scoggins seconded the motion which carried 7-0. (D) Covered Bridge Emissions requested a 6 month permit for a temporary emission station at Jonquil Plaza Shopping Center on Atlanta Road. Bill Scoggins made a motion the permit be approved. Pete Wood seconded the motion which carried 7-0. BID AWARDS: Nothing to report. CONSENT AGENDA• (A) Approval of November 16, 1992 minutes (B) Approval to observe Martin Luther King holiday (C) Approval of 1993 Business License fee schedule Pete Wood made a motion the consent agenda be approved. Ron Newcomb seconded the motion which carried 7-0. COMMITTEE REPORTS: John Patrick called on Laurel Best for a report from the Library. Ron Newcomb called on Ken Hildebrandt for a report from Community Development who stated the EPD has approved a permit for installation of a sewer line on Oakdale Road and we should soon be ready to request bids. Also, part 2 of the stormwater study has been submitted to EPD. A traffic signal is also being installed on Spring Road and Jonquil Drive. December 7, 1992 meeting - continued Bill Scoggins called on Larry Williams for a report from the Fire Department. Jim Hawkins said that the City re -implemented twice a week garbage pickup service effective today and we will also continue the once a week recycling pickup. Mr. Hawkins encouraged everyone to continue with their participation in the recycling program. Mr. Hawkins then called on Kathy Barton for a report from the Community Relations Department. Jack Cramer reminded everyone of the Ward 5 meeting on December 14th and called on Michael Justus for a report from the Parks Department. Wade Lnenicka called on Stan Hook and Steve Ciaccio for reports from Police and Communications. Mr. Lnenicka expressed his appreciation to the Public Works Department for the signage on Ridge Road. Pete Wood said the City is in the process of reviewing resumes for the positions of Finance Director and Personnel and thanked the City Hall staff people who have filled in during the interim time period. With no furt business meeting adjourned at 8:45 p.m. A. MAX BACON, MAYOR ME NDA D MERON CITY CLERK G ' \ `�aJ O N AT�ICK, W RD 1 N NEWCOMB, W BILL SCOGjINS, W D 3 J M S M. HA I JACK CRAMER, WARD 5 WADE LNENiCKA, ;f ee'v � CHARLES PETE WOOD, WARD 7