Loading...
01-18-1994 Regular MeetingJanuary, 18, 1994 The regular scheduled meeting of Mayor and Council was held January 18, 1994 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, Deputy City Clerk Candis Joiner, City Attorney Charles E. Camp, Parks and Recreation Director Steve Ciaccio, Police Chief Stanley Hook, Finance Director Jim Triplett, Fire Chief Larry Williams, Library Director Laurel Best, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Community Relations Director Kathie Barton, Public Works Director Vic Broyles and representatives of the press. Invocation was given by Al Turnell, pastor of Smyrna First Methodist Church followed by the pledge to the flag. CITIZEN'S INPUT: Mary Ann White recognized Officer Ron Waddell of the Police Department as the Employee of the Month for January. Mayor Bacon recognized Joe Lee Thompson, Cobb County Commissioner, and Jim Croy, Cobb County Director of the Department of Transportation. Commissioner Thompson stated this is the end of his first year to serve as the Commissioner for the Smyrna area and he was here to discuss the Atlanta Road widening project. Mr. Thompson stated that the Atlanta Road project from Smyrna to Marietta was approved to allow the D.O.T. to widen Atlanta Road from Windy Hill Road to Marietta. He then asked Mr. Croy to update the council on several other projects. Mr. Croy said he appreciates the opportunity to talk with Smyrna. He then briefly discussed the Atlanta Road Project. Cobb County will be sending out requests for qualifications and proposals for the section of Atlanta Road from Windy Hill Road to South Cobb Drive. Mr. Croy said the Cobb County Board of Commissioners has given the approval to complete resurfacing on Ridge Road on the county portion and work will begin in the spring as soon as weather permits. He also stated that some sidewalk work is scheduled for Ridge Road. Ron Newcomb thanked Mr. Croy for working so cooperatively with Smyrna on the Spring Road project. Mr. Newcomb pointed out that this project is being done with the 1% road money and hopes the 1% tax will be renewed when it comes up for a vote again, because this source of funds is an advantage for the tax payers and property owners by helping to pay for road development and improvements. Wade Lnenicka asked about the signalization upgrade on Atlanta Road and when this might happen. Mr. Croy replied this would be a function of the road widening project and as that section of pavement becomes available to accommodate the new signals the new signals will be installed. Mr. Lnenicka had a question regarding the widening of Atlanta Road at Ridge Road and the closing of that portion of Ridge Road to grade the hill to change the angle of the intersection. Mr. Croy stated this portion will be closed for four weeks or so and the County will notify the City when this will occur so letters might be sent out to residents advising them of the closing. Mr. Croy agreed to notify the City by letter and also to post a sign on Ridge Road at least a couple of weeks in advance of the closing. Ron Newcomb expressed a concern about Spring Road between Hargrove and Cobb Parkway as this portion of Spring Road doesn't appear on any plans. Mr. Croy stated it is incorporated into the plans for U.S. 41 and the anticipated construction funding for 1996. Jack Cramer thanked Commissioner Thompson for his efforts on behalf of Smyrna and his prompt response to the City's requests. Mayor Bacon asked if there was anyone else who wanted to speak during the citizen's input section. Ms. Beth Moore Williams came forward and stated she is with 101 Computer Training and is the instructor for the computer training program currently offered at the Library the first Saturday of each month from 10:00 a.m. - 12:30 p.m. and she urged everyone who was interested to join this class. She January 18, 1994 meeting - continued also indicated registration is required and the fee is $10 and explained the class is an introductory class to the computer and DOS and is to familiarize people with the basics of computer usage. PUBLIC HEARINGS: (A) Annexation of Property - 2579 Old Roswell Road, Land Lot 592 Mr. Thomson stated P. Scott Moore has requested the annexation of his property (in Land Lot 592, consisting of 0.72 acres located at 2579 Old Roswell Road.) He further explained this is a small residential lot located in an unincorporated island and Mr. Moore has requested the annexation into the City. Mayor Bacon asked if there was anyone present in opposition to the annexation request. There was none. Councilman Scoggins made a motion to annex the property into the City to become a part of Ward 3. Pete Wood seconded the motion. Motion was approved 7-0. (B) Variance Request - Wade Ford - 3860 South Cobb Drive - Two Principal Buildings per Lot (Modular Office) Mr. Thomson stated Wade Ford intends to locate a modular office building to house their used car sales lot at 3860 South Cobb Drive. He further explained the additional building will be used as a sales office for their rental department and a variance is needed to allow two principal buildings per lot. Mayor Bacon asked Mr. Lester, Wade Ford representative, to come forward and also asked if there was anyone present in opposition to the granting of this variance request. There was no opposition. Councilman Wood asked Mr. Lester to explain why the variance request was needed. lMr. Lester explained their business has expanded to the extent that additional office space is required and that the variance is needed to allow two principal buildings on one lot. He further stated the building will be 24' by 44' and will be supplied by Gelco Space which is a modular building supplier. Councilman Wood made a motion that the variance request for Wade Ford, located at 3860 South Cobb Drive, for two principal buildings per lot be approved. Jim Hawkins seconded the motion. Motion was approved 7-0. (C) Variance Request - Deviation of Working Hours - Wendy's Restaurant - 4932 South Cobb Drive Mr. Thomson stated Wendy's International has requested permission to work from 2:00 p.m. on Saturday and continue through the weekend in order to allow them to reopen on Monday morning. The work will involve be replacing kitchen equipment and will not cause any excessive noise. Mayor Bacon asked if there was anyone present in opposition to this variance request. There was none. Councilman Wood stated it was his understanding that the kitchen equipment replacement work would take place over the weekend thereby enabling Wendy's to reopen on Monday. He further stated there would be no noise disturbance caused by this work. Mr. Wood then made a motion that the variance request for deviation of workings hours at Wendy's Restaurant located at 4932 South Cobb Drive be approved. Jack Cramer seconded the motion. Motion was approved 7-0. (D) Alcoholic Beverage License Application - Retail Pouring of Beer, Wine and Liquor - Fiesta Club - 2282 Old Concord Road Mr. Thomson stated that Ms. Pamela Marie Martinez, the owner of Fiesta Club, has submitted an application for the retail pouring of beer, wine and liquor. He further stated she has been given a copy of the Alcoholic Beverage Ordinance and the police department investigation revealed nothing that would preclude the issuance of this license to Ms. Martinez. Mayor Bacon asked Ms. Martinez to come forward and asked if there was anyone present in opposition to the granting of this alcoholic beverage license. There was none. January 18, 1994 meeting - continued Councilman Cramer asked Ms. Martinez what she planned to do with the building. Ms. Martinez explained she planned to have a restaurant/lounge which would serve food and drinks and she will also have a television there making it similar to a sports bar. Councilman Cramer asked Ms. Martinez if she had been in the restaurant business previously. Ms. Martinez responded yes Councilman Hawkins asked Ms. Martinez if she :was going to be a sole proprietor. Ms. Martinez responded yes. Councilman Cramer asked Ms. Martinez if she planned to have live entertainment at the Fiesta Club. Ms. Martinez explained there might be a live band on Friday and Saturday on some occasions. Councilman Cramer then asked Ms. Martinez about the length of the lease and she responded she had signed a three-year lease for the building with Dixieland Realty. Mr. Cramer then asked when she planned to open the club and Ms. Martinez indicated her final inspection was scheduled for January 19, 1994 but advised it would be at least two or three weeks later that she would be open for business. Councilman Cramer stated he had not seen any plans for renovation of the inside of the building and then asked Ms. Martinez what had been done to the inside of the building. Mayor Bacon asked Councilman Cramer if he had had an opportunity to see the building. Councilman Cramer responded no and indicated he learned of the application just last week and had not had an opportunity to meet with Ms. Martinez. Mayor Bacon asked Ms. Martinez what types of food she planned to serve and she responded she planned to serve hot wings, fajitas, chicken, sandwiches, soups, etc. and just good food. Mayor Bacon then asked Ms. Martinez if she would be at the establishment full time and she responded yes. Councilman Wood asked if the lease was a new lease or a continuation of the old lease. Ms. Martinez responded it is a new lease and stated she is not affiliated with the former tenant in any way. Councilman Cramer expressed concern that Ms. Martinez had not had previous experience in serving alcoholic beverages and yet indicated that 50% of her projected sales would be food sales. Ms. Martinez responded that she plans to get experienced workers and also will be assisted by her CPA and her attorney, Nancy Martin, in contacting the proper persons to assure the success of this venture. She again stated that she will be the sole proprietor with no silent partner or partners. Ms. Martinez then stated she plans to send her employees to a training program called "TIPS". This program would train personnel in being able to determine when to stop serving drinks to a customer. Ms. Martinez is presently interviewing prospective employees and indicated the building is ready for final inspection. Councilman Cramer made a motion to table this item until the first meeting in February. Councilman Newcomb seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Open Proposals for Detention Pond at Campbell High School Mayor Bacon asked if there were any sealed proposals in the audience for the detention pond at Campbell High School. There were none. Mayor Bacon indicated proposals were mailed to six contractors and three were returned. The proposals were opened and read as follows: D & H Construction John Wenger Dickman Grading and Hauling, Inc. $47,200.00 73,800.00 18,984.00 (grading only) 15,141.00 (demo, piping) Councilman Newcomb made a motion to turn the proposals over to the Community Development Committee for their review with a recommendation brought back before Council at a later date. Jim Hawkins seconded the motion. Motion was approved 7-0. January 18, 1994 meeting - continued (B) Appointment to Community Relations Council Councilman Lnenicka reappointed Brad Walker as Smyrna's appointee to the Cobb Community Relations Council with his term beginning January 1, 1994. He further stated that Mr. Walker's previous term had expired December 31, 1993. Pete Wood seconded the motion. Motion was approved 7-0. (C) Ordinance Amendment - Establish Business License Fee - Tattoo Parlor Councilman Wood stated that the business license ordinance for the City does not have a schedule for tattoo parlors. Mr. Wood stated the Finance and Administration Committee has not reviewed the ordinance amendment and made a motion the ordinance amendment be referred to the Finance and Administration Committee for their review and analysis to be brought back before the Council at a later date. Bill Scoggins seconded the motion. Motion was approved 7-0. Mayor Bacon asked Councilman Newcomb to handle items 4 (D) (E) (F) (G) and (H) on the agenda. Councilman Newcomb made a motion that items 4 (D) (E) (F) (G) and (H) be deleted. He requested these items be removed rather than tabled as they may reappear with different wording at a later time. Jack Cramer seconded the motion. Motion approved 7-0. (D) Ordinance Amendment - Appendix D, Section 2, Sub -sections (e) , (0, (g), (h), (i) , 0), (k) , (1), (m) , (n), (o) , (p), (q) (E) Ordinance Amendment - Appendix D, Section (d)(1) regarding Office/Commercial Streets (F) Ordinance Amendment - Appendix D, Section 2, Sub -section (4) regarding Cul-de-sacs on Residential Streets (G) Ordinance Amendment - Appendix D, Section 2, Sub -section (d) regarding Cul-de-sacs on Office/Commercial Streets (H) Ordinance Amendment - Appendix D, Article VH, 706.8 Cut -de -sacs greater in length than 150 feet COMMERCIAL BUILDING PERMITS: Mr. Thomson stated there is one building permit to be discussed. The request for a temporary permit for the Covered Bridge Emissions was tabled at the last meeting. Councilman Lnenicka asked Mr. Eastham to come forward and turned the floor over to him. Mr. Jim Eastham, with Covered Bridge Emissions, stated his application is for a permit to put a temporary emission station at the old Crown station across the street from Campbell High School. Mr. Eastham stated he was aware of a zoning conflict involving this property in the past and feels this application request has been caught in the middle of this controversy. Councilman Lnenicka stated what happened eighteen months ago has nothing to do with this request and further stated that the council voted eighteen months ago to maintain the zoning of that property as neighborhood shopping and indicated he did not want to jeopardize that zoning decision. Mr. Eastham stated the property is now zoned neighborhood shopping but feels there is no specific prohibition or permission to have a temporary emission station in either category. He stated there is no specific listing of temporary emission stations in either category. Mr. Eastham stated he feels there is enough ambiguity in both zoning categories that the permit could be granted tonight in a neighborhood shopping zoning. Mr. Eastham also stated that under neighborhood shopping in all zoning categories accessory uses are permitted. He stated this could be looked at as an accessory use as it is an accessory retail type use that would be permitted in a neighborhood shopping area. Mr. Eastham recalled wording that Mr. Lnenicka read at the last request that the intent of neighborhood shopping is to provide for planned shopping centers and related limited retail activities designed to serve the immediate area. Mr. Eastham stated there were four locations in the City of Smyrna last year. Each station serves the neighborhood where it is located_ so he feels this fits into the policy statement of January 18, 1994 meeting - continued neighborhood shopping. Mr. Eastham also pointed out that there is an additional request by the City that this type business have a definite structure instead of just a tent. He says they came to Smyrna because of this restriction as they feel by putting up a more substantial structure at much more cost that they could find a niche or market here and serve the citizens of Smyrna on something that is State regulated and not just have a tent. Councilman Lnenicka asked Mr. Camp about the possibility of granting this permit as an accessory use to the existing zoning, or the permitted zoning, and if the City would be able to do that without jeopardizing the zoning of that property as neighborhood shopping under an accessory use concept. Mr. Camp replied that if the City determined that the neighborhood shopping is an adequate category, a suitable category for this type use then the City could do it, but stated the City can't do it for just this one and not for the next one. He indicated the City would have to determine whether or not neighborhood shopping is a proper zoning category for this use. Councilman Lnenicka then asked Mr. Camp if that argument then meant that the fact that we have limited these emission inspection stations to general commercial zoned districts in the past, does that establish this as a use under general commercial zoning which is appropriate for GC, but for GC only and therefore not neighborhood shopping. Mr. Camp replied I don't know that the answer to that question is unclear, and he would have to research into that. Councilman Lnenicka asked if we expanded the use under GC zoning to allow that use heretofore limited by practice to neighborhood shopping, have we done anything to expand the zoning classification to the neighborhood shopping as opposed to a use under the zoning classification. Mr. Camp replied by saying he would have to look at the code to make sure, but you could say this fits in the neighborhood shopping category if you allow it to be done in that method. That in and of itself will not expand the zoning of general commercial to neighborhood shopping. Councilman Lnenicka asked Mr. Camp if he is suggesting that they change the definition of neighborhood shopping perhaps to specifically allow this use if the City were to accede to Mr. Eastham's request tonight. Mr. Camp replied by saying he doesn't think that would be necessary to change any of the definitions of the codes. Councilman Lnenicka said to Mr. Camp that in the previous meeting the applicant asked if it would not be possible for them to reach a side agreement, a signed contract or understanding, with the applicant which would restrict the owner's rights to propose rezoning of the property based on this. If we did go along with this request and if the owner or any subsequent owner later came to the City and ask for a general commercial zoning would we position ourselves to be required to grant that general commercial zoning because of this permit tonight. Mr. Camp answered Councilman Lnenicka's question by saying if it were granted in a general commercial zone then it would have an effect, yes, If it were not changed from present zoning and allowed this use to be in any neighborhood shopping it would not affect us. Mr. Eastham requested that this business be put into a separate category for neighborhood shopping. Councilman Hawkins asked if the property is now zoned neighborhood shopping? Councilman Lnenicka replied yes. Mr. Hawkins then asked if the city can grant a use permit rather than rezone the property? Mr. Camp answered that if the City is going to allow the use of all the emission stations in neighborhood shopping zoning, yes. Councilman Hawkins then asked if the City would have to change the zoning .to do that or would we just change what is allowable in NS. January 18 1994 meeting - continued Councilman Hawkins asked to Mr. Eastham why it's so important he get this location when he doesn't know if he will be in business for more than two more years, and asked why he would go through the trouble and the expense to pursue this location. Mr. Eastham replied that this location came up they felt the location could be used although only temporarily. Councilman Hawkins replied that it appeared to him that since Mr. Eastham had lost the site on Spring Road he isn't having to buy new equipment he is just moving the equipment from one location to another. Mr. Eastham replied that was correct. Councilman Hawkins pointed out that he was trying to figure out why he wanted to invest new money into a two year venture, but understands that Mr. Eastham has the equipment and just needs a place to use it. Mr. Eastham replied that was correct. and further stated this will be their third station and were hoping to make a better profit this year. Councilman Lnenicka then asked Mr. Camp if the City grants Mr. Eastham's application and permit tonight and any other property owner who owns property zoned neighborhood shopping in the City and wanted to set up a similar use on their property, would the City be required because of this precedent to grant that permit. Mr. Camp replied the City is granting an application for a temporary use permit. Mr. Lnenicka responded the application is actually for a building permit in a neighborhood shopping zone with a temporary use. Mr. Eastham stated it is also under an accessory use and the City's Code limits as to how much can be done with accessory uses so there is a limitation built into the Code as for uses. Mr. Camp then asked Mr. Eastham if his application is for an accessory, temporary use? Councilman Lnenicka asked Mr. Camp if the City needed any additional language beyond what is on the application itself, which is titled "building permit" to indicate or strengthen the fact that this a temporary use permit, as well? Mr. Camp responded the City could ask the applicant to restate the application orally. Mr. Eastham replied he would be willing to do so and indicated it was so changed. Mr. Camp replied to let it be shown on the record that the permit was for temporary use only. Mr. Eastham pointed out that the state only allows them to be in business until May 15th. Councilman Lnenicka asked for the record if it is appropriate to state that there is no attempt by means of this temporary permit in use to expand the zoning into a GC category? Mr. Eastham stated he agreed with Councilman Lnenicka one hundred percent and further stated he had gotten permission from the property owner that this will never be used against the City by the property owner in an attempt to rezone to GC. He further explained he could only say that his intent is to put up a building and operate the business for three and a half months then remove the building. Councilman Lnenicka asked if there would be any repair work done at the site? Mr. Eastham responded no as that is not allowed by state law. Councilman Lnenicka asked how he would handle waste disposal? Mr. Eastham responded by saying they have a trash can which is required by the state. January 18, 1994 meeting - continued Mayor Bacon responded by asking if the only trash at the site would be caused by the removal of the old emission sticker and the punching of a hole in the new sticker? Mr. Eastham responded that was correct. Councilman Lnenicka asked Mr. Eastham if he would reassure him that there would be no complaints of trash or debris on the site in the residential area that would cause any problems. Mr. Eastham responded by reassuring Councilman Lnenicka that debris would not be a problem because the business does not generate very much. Councilman Lnenicka made a motion to approve a three and a half month temporary building permit with the understanding that this is also a temporary use as previously discussed and with the stipulations that Mr. Eastham has provided. Councilman Wood seconded the motion. Councilman Newcomb stated that he sympathized with Mr. Eastham's desire to use the building and equipment but feels the activity that would be taking place is still essentially commercial type business that would be taking place in an area zoned neighborhood shopping and for that reason can not support the motion. Motion was approved 6-1 with Councilman Newcomb opposed. BID AWARDS: (A) Jet Truck - Public Works Department Councilman Wood stated that several meetings ago the Council authorized the solicitation of bids for a jet truck for the Public Works Department. He stated five bids were received and reviewed by the Public Works management and the Committee and after considerable analysis and review, the Public Works Committee recommends that all bids for the jet truck be rejected because the City has decided not purchase a jet truck at this time. Mr. Wood then made a motion that all bids be rejected. Councilman Hawkins seconded the motion. Councilman Lnenicka stated he was going to oppose that motion for a couple of reasons. He stated that if the city felt the truck was needed enough to include it in the budget as a necessary item, he was concerned that for whatever reason, and indicated there was nothing in the agenda packet that detailed the particulars of the bid or the prices that were bid or even who the bidders were, that something about the trucks was either not acceptable or not liked or the trucks do not meet specifications he was concerned about the reasons for rejecting all the bids. Councilman Lnenicka stated he would be opposed to putting any similar bid request in the budget for next year and further stated he would be opposed to spending several thousand dollars for repairs of the old equipment when the chance to purchase a new truck was rejected and felt that would be very foolish. He also indicated he would be interested in seeing the maintenance records of current jet truck for the next year and opposes the rejection of the bids for the jet truck. The motion to reject all bids was approved 6-1 with Councilman Lnenicka opposed. CONSENT AGENDA: (A) Approval of January 3, 1994, minutes (B) Approval to Install Left Turn Signal - Spring Road at Bell Drive (C) Approval to Use Council Chambers February 6, 1994 - 6:30 - 9:00 p.m. (D) Set Date for Show Cause Hearing - February 21, 1994 - Ordinance Section 3-3-25 - Limitations on Employee Conduct Councilman Scoggins made a motion the consent agenda be approved. Jim Hawkins seconded the motion. Motion was approved 7-0. January 18, 1994 meeting - continued COMMITTEE REPORTS: Councilman Patrick made an announcement that the Library is hosting an exhibit of art by the students at Campbell High School and urged all the citizens to come in and view this work. Library Director Laurel Best announced that Story Hour at the Library begins the week of January 24 and there are still some openings for participation in this program. Ms. Best urged anyone who is interested in this program to call the Library and register. Mayor Bacon questioned Ms. Best about a distinct odor that still exists in the Library and expressed the hope that this problem will soon be resolved by either the General Contractor, J. A. Jones, or Sizemore Floyd Architectural Firm. Councilman Newcomb asked Mary Ann White for a report on the Personnel Department. Ms. White stated there were two job openings currently available in the City - one in the Parks and Recreation Department and one in the Police Department. Councilman Scoggins called on Kathie Barton for a report on the Community Relations Department. Ms. Barton stated the recycling participation for Smyrna for the month of December was 84%. Mayor Bacon asked Ms. Barton to explain why some plastic items with the recycling symbol on the containers were not being picked up by our recycling contractor - BFI. Ms. Barton explained the items in question (Soft -Scrub, Cascade Liquid Dishwasher Detergent and Cheer clothes detergent) were some of the plastics not acceptable for recycling and were not very marketable and therefore BFI did not pick them up. Mayor Bacon stated that according to information he had received all plastic containers with the recycling symbols on the containers should be picked up and urged Ms. Barton to work with BF1 in resolving this problem. Councilman Scoggins called on Vic Broyles for a report on the Public Works Department. Mr. Broyles stated his department had received several calls this weekend due to the cold weather and some of his staff had been at the Complex all weekend to handle any calls that might be received. Councilman Scoggins then asked Nancy Hancock, Cemetery Preservation Commission chairperson for a report on the projects involving Smyrna's cemeteries. Ms. Hancock stated her commission has begun a renovation project to help restore the cemeteries in Smyrna to a more presentable condition. One of the major projects that will begin soon is the construction of a rock wall and wrought iron fence around the Smyrna Memorial Cemetery. Ms. Hancock stated her commission will be sending letters to relatives of persons interred in the Smyrna cemeteries to solicit their help with the restoration and repair/replacement of grave markers. Councilman Hawkins asked Larry Williams for a report from the Fire Department. Chief Williams indicated his department had responded to three medical alert calls, one structure fire and one dumpster fire at the recently annexed Kingstowne Apartment Complex. Councilman Cramer asked Parks and Recreation Director Steve Ciaccio for a report on the Parks Department. Mr. Ciaccio reported the 1993 usage for the Community Center had greatly increased over 1992 figures and listed several programs that are available to the citizens. Councilman Lnenicka expressed his sympathy to the family of Marion Reed, a city of Smyrna 911 Communications Operator who passed away January 13, 1994. Councilman Lnenicka commended Animal Control Officer Barry DiMaria for his compassionate response to animal control problems and thanked him for a job well done. Councilman Lnenicka then asked Chief Hook for a Police Department report. Chief Hook stated his department had been very productive in 1993 and overall crime statistics showed a decrease in all areas. Councilman Lnenicka expressed his appreciation to Chief Hook and the Police Department for the fine work they are doing. Councilman Pete Wood asked Jim Triplett for a report from the Finance Department. January 18, 1994 meeting - continued Finance Director Jim Triplett stated the final copy of the audit report had been distributed and he was available for any questions anyone might have in regard to them. He then stated the budget calendar for FY 95 has been set with the opening meeting to be held on Tuesday, February 15 at 10:00 a.m. With no further business the meeting adjourned at 9:33 p.m. A. MAX BACON, MAYOR MELINDA DAMVRON, CITY CLERK HN PATRICK, WARD 1 RON NEWCOMB, WARD 2 L SCOGGIIVS, W D 3 JAMES M. HAWKINS, WARD JACK CRAMER, WARD 5 WADE S. L&ENIC)tk, WARD 6