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12-21-1992 Regular MeetingDecember 21, 1992 The regularly scheduled meeting of Mayor and Council was held December 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, Police Major Kent Sims, Facility Coordinator Susan Hunt, Community Relations Director Kathy Barton, Library Director Laurel Best, Public Works Director Vic Broyles, Building Inspector Scott Stokes, Fire Chief Larry Williams, Communications Director Steve Ciaccio and representatives of the press. Invocation was given by W. R. Rayburn, pastor of Sharon Baptist Church. CITIZENS INPUT: Nothing to report. PUBLIC HEARINGS: (A) Solid waste management plan Michael Warrix with Mayes, Suddereth & Etheredge presented a synopsis of the plan and the hearing tonight is the first step of adopting a solid waste management plan. Another public hearing will be held after a draft plan is prepared. The plan will address the amount of waste generated in the City, how it is collected, existing waste reduction programs and what the City is currently doing to reduce the amount of waste in the landfills. The State has set forth the minimum planning standards which outline the elements involved and sets forth the procedures for getting the plan approved by the State. Mr. Warrix said that July 1993 is the official deadline established by the State for completion but they expected to have the plan ready by the end of March. The goal of the management plan is to achieve a 25% per capita reduction in solid waste. There were no questions or comments from the audience and Mr. Warrix said the second public hearing would be held after the draft plan is prepared. Copies will also be available at City Hall for review. (B) Variance request - reduce rear yard setback at 4650 Derby Lane Bob Thomson said that Mr. Gino Galardo is requesting a variance to reduce the year yard setback from 30 to 20 feet for construction of a new home. There was no opposition. Mr. Galardo said that due to the severe slope of the lot, the house must be placed on the back part of the lot, necessitating the reduction of the setback. Councilman Pete Wood said the variance notices have been posted and he had visited the site and after talking to the Building Inspector, had no problem with the variance. Mr. Wood made a motion the variance be approved. Wade Lnenicka seconded the motion which carried 7-0. (C) Variance request - additional business sign - Exxon, 1420 Spring Road Bob Thomson stated that John Rhodes is representing Exxon in their request for an additional free standing sign at this location. At present, there is an existing sign with 100 to 120 square feet of copy area and is positioned parallel to Atlanta Road. This variance was denied several years ago. There was no opposition. Mr. Rhodes said the problem that Exxon had at this location was poor visibility of price offering to the consumers on Atlanta Road. Their motor fuel volume is not what they had expected when they opened and it has been difficult for them to make a profit. Traffic counts have been conducted and have determined that 68% of their December 21, 1992 meeting - continued customers utilize Spring Road, with only 32% utilizing the Atlanta Road entrance. The under utilization of Atlanta Road is because of poor visibility and the existing location of the sign prohibits customers from making an evaluation of their pricing and product offering before getting to the entrance. There are two alternatives to the problem with the first being the relocation of the existing sign. That would involve moving the sign away from Spring Road and rotating it so that it will be visible for Atlanta Road. The problem with that alternative is that the gain you get on the Atlanta Road side, results in a negative to traffic on Spring Road which only aggravates the situation. The other alternative, of course, is to place an additional sign on the Atlanta Road side. Mr. Rhodes said the sign they propose contains 98.3 square feet of copy area and would be located at the southwestern corner of the property, and as far north as possible, away from the residential area. It is exactly the same as the existing sign but is not quite as high. This sign will be 24 feet in height. E Mr. Hawkins said when Exxon came to council previously with their same variance request he questioned the wisdom regarding the location of the sign on Spring Road since the concern at that time was also poor visibility on Atlanta Road. Mr. Rhodes said that Spring Road does carry more traffic than Atlanta Road and while the sign is visible and the consumer knows the business is there, they do not have an opportunity to review their pricing sign before reaching the entrance. With the addition of this sign, the consumer should be able to read the pricing from a distance of 700 feet. Mr. Hawkins said he thought this was one of the more visible corners in the City and did not think that the addition of a sign would increase their business. Mr. Rhodes said the sign would not guarantee an improvement of business but they knew, without doubt, that changes must be made for their business to remain open. After further discussion Mr. Lnenicka said this has station has been well run and through the various sting operations there have been no violations involving their beer sales. Mr. Lnenicka said he would like to see their business remain here and made a motion the variance be approved with the following stipulations: 1) That the variance be for this business only and if they choose to sell or close the station, the variance expires at that point. `I 2) Secondly, Mr. Lnenicka,asked Mr. Rhodes to sign and date the two plats presented showing,the location of the sign with the southern most limit of the sign being as shown on the plat, in line with the columns for the canopy.' 3) The sign will be as per the drawing submitted in terms of construction, copy area and height. Bill Scoggins seconded the motion. Mr. Hawkins said he would oppose the motion because there have been several similar requests over the last few years and we have set a rather dangerous precedent because traditionally, these requests have been denied. Mr. Hawkins said he would also strongly oppose any watering down to the sign ordinance and felt we should keep a tough ordinance and require variances as we have in the past. Vote on the motion to approve carried 6-1 with Jim Hawkins opposed. (D) Agent change - American Legion Post 160 - 160 Legion Drive Bob Thomson stated that Bill Parvichio is requesting a transfer of the liquor, beer and wine pouring license. Mr. Parvichio has held the license for the American Legion in 1991 and meets all ordinance requirements. The police investigation was favorable and there was no opposition from the audience. December 21, 1992 meeting - continued Mr. Parvichio said when the command changes at the Legion they sometimes want to change` the agent for the pouring license. As a former licensee, he understood the ordinances and understood that he would be the person responsible for any violations. Jim Hawkins made a motion the license be approved. Jack Cramer seconded the motion which carried 7-0. (E) Agent change - Privilege license liquor pouring license - Bob's Original Wings, Inc., 4924 South Cobb Drive Bob Thomson stated Deborah Marie Martinez has applied as the new agent for Bob's Original Wings and they are also requesting a liquor pouring license in addition to beer and wine. The police investigation was favorable and there was no opposition. Mr. Martinez said the previous licensee is leaving and she would be the new manager. Councilman Pete Wood told Ms. Martinez that he had recently been made aware of a number of complaints from this business and the center and according to police records there have been several in the last few months. The owner of the business was not present and Councilman Wood made a motion this matter be tabled to the next meeting to give council an opportunity to meet with Mr. Liss and discuss these issues. Mr. Hawkins also asked that the license and agent change be separated and shown as two separate items on the agenda. Jim Hawkins seconded the motion to table which carried 7-0. FORMAL BUSINESS: (A) Validate petition to annex property in LL849, Loehmann's Plaza Shopping Center Bob Thomson stated that Mr. Charles Lotz has applied for the annexation of this property on U.S. 41 just north of Hargrove Road. John Patrick made a motion the petition be validated and a public hearing set for January 18, 1993. Ron Newcomb seconded the motion which carried 7-0. (B) Validate petition to annex property in LL381, 608 Concord Road Bob Thomson stated that John Dickson is requesting the annexation of Shape, Wrap and Roll Styling Center located at 608 Concord Road. Jim Hawkins made a motion the petition be validated and a public hearing set for January 18, 1992. Bill Scoggins seconded the motion which carried 7-0. (C) Appointments to Clean City Commission Ron Newcomb said he would defer his appointment to the next meeting. Jim Hawkins made a motion that Jean Brannon be reappointed, representing Ward 4. Jack Cramer seconded the motion which carried 7-0. Wade Lnenicka made a motion Ann Kirk be reappointed, representing Ward 6. Bill Scoggins seconded the motion which carried 7-0. Pete Wood made a motion that Sue Brissey be reappointed, representing Ward 7. Bill Scoggins seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: December 21, 1992 meeting - continued (A) Highlands Parkway resurfacing Ron Newcomb made a motion the paving contract be awarded to APAC of Georgia, at $141,793.30. Pete Wood seconded the motion which carried 7-0. Mr. Thomson said work should be done in March or April of next year. CONSENT AGENDA: (A) Approval of December 7, 1992 minutes (B) Budget adjustments Pete Wood made a motion the consent agenda be approved. Wade Lnenicka seconded the motion which carried 7-0. COMMITTEE REPORTS: John Patrick called on Laurel Best for a report from the Library. Ron Newcomb said the Community.Development Committee would soon be bringing a minor amendment to the comprehensive land use plan as well as a tree ordinance to council for consideration. Also as soon as weather permits, drainage work will commence on Dundee Drive. Bill Scoggins read a letter from Medic One to Fire Chief Larry Williams commending EMT's Wesley Vollrath, Mike Moore, Brad Johnson and Daryl Purvine for their quick and professional response to a cardiac arrest patient recently. Jim Hawkins called on Vic Broyles and Kathie Barton for reports. Mr. Hawkins also praised Bill Clark for his success in the Loehmanns Plaza annexation. Jack Cramer thanked the citizens of Ward 5 for the good turnout at the last neighborhood meeting. Wade Lnenicka expressed his appreciation to everyone for their participation in the recycling program and urged them to continue. Mr. Lnenicka said he also appreciated the show of confidence by the voters in approving the 1% local,option sales tax which has allowed us to complete many paving projects in the City that might not have been funded otherwise. Most of the streets in Creatwood Subdivision have been paved through this funding source and we will continue to make the best use of it. Mr. Lnenicka said he had enjoyed working with council and city employees this year and was proud to be a part of it. Pete Wood said we would soon make a decision in filling the positions of Personnel Director and Finance Director and appreciated the way the employees in those departments have taken care of day to day operations. The entire council wished everyone a Merry Christmas and Happy New Year. Larry List, owner of Bob's Original Wings asked to approach council regarding the agent change for his business. Mr. List requested that council consider acting on his license tonight and wanted to clear up any concerns they might have regarding his business. Councilman Wood said there are a number of items that they need to discuss with him and felt it would be in his best interest to wait until another meeting could be arranged for that purpose. With no further business, meeting adjourned at 8:42 p.m. December 21, 1992 meeting - continued A. MAX BACON, MAYOR PATRICK, WARD 1 ILL S=GINS,)O�ARD 3 JACK C Z R, WARD 5 GC/ CHARLES PETE WOOD, WARD 7 Pi MELINDA DAMERON, CITY CLERK RON NEWCOMB, ARD DAME M. W S, WARD WADE LNEN , ARD 6