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07-08-1996 Regular MeetingJuly 8, 1996 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Property Tax Specialist Sue Blaydes, Assistant Public Works Administrative Coordinator Brenda Barrett, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, City Marshall Patti Petrulli and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Jim Peters, candidate for House Representative District 30. Mr. Peters urged everyone to vote in the election tomorrow. Mayor Bacon recognized Sheriff Hutson, candidate for re-election as Cobb County Sheriff. Mr. Hutson also urged everyone to vote in the primary on July 9. Mayor Bacon recognized Robert Burns, candidate for Public Service Commissioner. Mr. Burns encouraged everyone to vote tomorrow. Mayor Bacon recognized Woody Thompson, candidate for Cobb County Commissioner District 4. Mr. Thompson asked everyone to vote tomorrow. Mayor Bacon recognized Chief Larry Williams who announced that last month, the Georgia Fire and Police Olympics were held in various locations throughout the state. He announced the following persons from Smyrna won awards: Janet Redd, Gold Medal in Toughest Firefighter Competition for her division; Ron Towe, Gold Medal in Toughest Firefighter Competition in his division; Daryl Purvine, Gold Medal winner; Jack Cramer, Silver Medal in Toughest Firefighter Competition in his division; Brian Beatty, Gold Medal in Toughest Firefighter Competition in his division; Benji Ergle, Bronze Medal in his division; Aaron Minute and Robby Kennedy - Bronze medals in their division; Scott Riddle and Ron Towe, Gold Medals in Fishing Competition; and Sandra Thompson won the 1600 meter run Gold Medal and placed third overall; golf winners - Chief Stan Hook and Detective Tony Maloney Gold Medal winners in two -man competition and bronze medal winners in the four -man competition. Mayor Bacon recognized Ms. Pam Farino who presented the annual report from BFI for Smyrna. Ms. Farina reported the participation rate for Smyrna, which is totally voluntary, is consistently very high. Mayor Bacon recognized Cliff Oliver, President of Falling Waters Homeowners Association who presented City Marshall Patti Petrulli with a plaque and letter of commendation for her enforcement of the City's Code of Ordinances. PUBLIC HEARINGS: (A) Variance Request - 2219 Trailwood Drive - Reduce Side Yard Setback from 10 Feet to 9 Feet Mayor Bacon asked the applicant, Mr. Patrick M. Riley, to come forward. Mr. Thomson stated the applicant is requesting the variance in order to build an addition to his home. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Cramer asked Mr. Riley, the general contractor for Prime Light, Inc., to briefly explain to the council why the variance is needed. Mr. Riley explained his company has a contract with Mr. and Mrs. Wade to build an addition to their home. He stated the addition is approximately a 750 square foot room addition that will be built on the back of the house. He further stated in order to build the addition the way the homeowners prefer and to take advantage of the existing structure, the addition needs to be located on the back of the house which will encroach on the 10-foot setback by less than a foot. Councilman Cramer stated he had talked with Mr. Riley today and had visited the site and has no problem with the variance requested. Councilman Cramer then made a motion the variance request at 2219 Trailwood Drive to reduce the side yard setback from 10 feet to 9 feet be approved. Councilman Wood seconded the motion. Motion was approved 7-0. July 8, 1996 meeting - continued (B) Alcoholic Beverage License - K & K Enterprise, Inc., D/B/A Conoco Food Mart - 540 Concord Road Mr. Thomson stated the applicant, Mr. Shiraz M. Aly, has been given a copy of the alcohol beverage ordinance and the business license officer has gone over the guidelines. He further stated Mr. Aly is a resident of Cobb County and will be the agent for the establishment. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was none. Councilman Wood stated this is for a new agent at this location. Mr. Wood then asked if Mr. Aly is a full-time employee and part owner of the business. Mr. Aly responded he was. Mr. Wood asked Mr. Aly if he resided in Cobb County and is a citizen of the U.S. Mr. Aly responded that was correct. Mr. Wood cautioned Mr. Aly that the city does conduct Sting Operations in an effort to stop alcohol sales to minors. Mr. Aly stated he was aware of that. Councilman Wood stated the Police Department investigation revealed nothing that would preclude the issuance of this license. Councilman Lnenicka also cautioned Mr. Aly about the Sting Operations and encouraged him to comply with the Alcoholic Beverage License ordinance. Councilman Wood made a motion the alcoholic beverage license for an agent change at K & K Enterprise, Inc., d/b/a Conoco Food Mart, 540 Concord Road, be approved with Mr. Shiraz M. Aly as the agent for the establishment. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Alcoholic Beverage License - Agent Change Only - Jocks & Jills - 2569 Cobb Parkway Mr. Thomson stated Mr. Craig Sager will be the agent for the establishment and has been given a copy of the Alcoholic Beverage License Ordinance. He further stated Mr. Sager is resident of Cobb County and has agreed to comply with the ordinance. Mayor Bacon asked Mr. Sager to come forward. Mayor Bacon announced this is a public hearing and asked if anyone was present in opposition to the granting of this agent change request. There was none. Councilwoman Capilouto asked Mr. Sager about his previous address and Mr. Sager responded it was 1980 Campbell Road, Smyrna and stated he lived there from 1983 until 1988. Ms. Capilouto stated his driver's license and birthplace were not completed on the application. Ms. Capilouto asked Mr. Sager if he will be the license holder and he responded he started Jocks and Jills downtown and has been president ever since inception. He further stated the name of the person on the liquor license is no longer managing partner and has opened a new place in Decatur. Mr. Sager stated he will be present serving as president and overseeing the operations. Mayor Bacon stated this is a previously licensed location and the request is for an agent change only. Councilwoman Capilouto stated there was no police department investigation on Mr. Rollins, the partner. Mr. Sager responded there should be an investigation report on file from when the business was opened. He did state Mr. Rollins is the accountant and does not live in Cobb County. Councilwoman Capilouto made a motion the agent change request for Mr. Craig Sager at Jocks & Jills at 2569 Cobb Parkway be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Appointment to Parks and Recreation Commission - Ward 1 Councilwoman Capilouto made a motion that Marian Ashley, 2391 Farmstead Circle, be appointed to serve as the Ward 1 representative on the Parks and Recreation Commission to complete the unexpired term of Ms. Hodge. Ms. Capilouto stated Ms. Karla Hodge has moved out of the city. Councilman Hawkins seconded the motion. Motion was approved 7-0. (B) Appointment to Economic Development Advisory Committee - Ward 1 Councilwoman Capilouto made a motion that Melanie Pritchett be appointed to serve on the Economic Advisory. Committee to fill the unexpired term of Gloria Bradberry who is moving out of state. Councilman Wood seconded the motion. Motion was approved 7-0. July 8, 1996 meeting - continued (C) Extension of Apartment Moratorium - July 8, 1996 - January 6, 1997 Councilman Newcomb stated in March, 1994, the Council received and accepted an apartment density study prepared by John Moeller. Mr. Newcomb made a motion the apartment moratorium be extended from July 8, 1996 until January 6, 1997, until the Land Use Plan is finalized and continue to coordinate with Cobb County. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (D) Bid Opening (Bid 96007) - Pool Equipment for the City of Smyrna (Church Street Center) Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Recreation Supply Company $7,947.87 Recronics Inc. $9,478.08 Bell Aqua Pool Supply Company $7,345.83 plus freight Councilman Scoggins made a motion the bids be turned over to the Parks and Recreation Department for their review with a recommendation to be brought back before Council at the July 15, 1996, meeting. Motion was seconded by Councilwoman Capilouto. Motion was approved 7-0. (E) Bid Opening (96008) - Lockers for Church Street Center Mayor Bacon asked if there were any bids in the audience. There were none. One bid was received, opened and read as follows: Tiffen Metal $693.00 Councilman Wood made a motion the bids be turned over to the Parks and Recreation Department for their review with a recommendation to be brought back before Council at the July 15, 1996, meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Approval to Extend Working Hours for Southern States Councilman Wood stated AmeriSouth Recycling Consulting Services operates a material recovery or recycling operation at the Southern States location on South Cobb Drive near I-285. He further stated Mr. Rick Liebe is the Vice President, Operations, and is present tonight. He stated AmeriSouth is here tonight to request approval to do the following things: (1) Set the hours of operation at the recycling facility from 6:00 a.m. to 10:00 p.m. Monday through Friday and 6:00 a.m. to 3:00 p.m. on Saturdays. (2) A twenty-four hour operation during a four week period due to the Olympics. Mr. Wood stated the city would prefer to have the exact dates of the 24-hour operation and Mr. Liebe stated he would provide that at a later time. He indicated Waste Management was to have provided that information and failed to do so. Mr. Liebe stated typically it would be for a period beginning a week prior to the Olympics and extend for one week after the Olympics. Mr. Wood asked if the dates specified were July 12 - August 12, 1996 would be sufficient. Mr. Liebe responded yes. Councilman Lnenicka asked Mr. Liebe if his company had had any conversations with the people at Post Apartments concerning the hours of operation. Mr. Lnenicka stated at the time the original license was granted, the nearby residents were promised no early morning or late night hours would be observed. Mr. Liebe stated they had tried to talk with the Manager of Post Valley today but the manager was not available. Mr. Liebe further stated he has written them a letter outlining AmeriSouth's plans for the extended hours but has not received a response from them. Mr. Lnenicka asked Mr. Liebe if he would have a problem tabling the extended hours of operation for a week in order to allow Mr. Liebe time to receive a response from Post Properties. Mr. Liebe stated that would be no problem at all. Councilman Wood stated he would be making two motions to deal with this issue. Councilman Wood made a motion that the operation of the facility from 6:00 a.m. to 10:00 p.m. Monday through Friday and 6:00 a.m. to 3:00 p.m. on Saturdays be tabled until July 15, 1996. Councilman Hawkins seconded the motion. Motion to table the request for extended hours of operation was approved 7-0. Mr. Wood then made a motion that the request for permission to operate the facility for 24-hours during the Olympic period (July 12, 1996 - August 12, 1996) be approved. Councilman Lnenicka seconded the motion. Councilman Lnenicka stated he would like to comment that in spite of this approval, the noise ordinance of the City is still in effect. Motion was approved 7-0. July 8, 1996 meeting - continued (G) Validate Petition to Annex Property - 4885 Argo Road, Land Lots 618 and 679, 17th District, 2nd Section, Cobb County Board of Education (9.66 Acres) Mr. Thomson stated the Cobb County Board of Education has requested annexation of the property at 4885 Argo Road, totaling 9.66 acres. The attached legal description will be a part of the official minutes of this meeting. Councilman Wood stated this particular facility was originally the Kenwood Elementary School and some years ago was sold to Ridgeview Institute and re -acquired by the Cobb County Board of Education. Mr. Wood made a motion the petition to annex the property at 4885 Argo Road be validated with a public hearing date set for August 5, 1996. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Homestead Village - Building Permit to Construct a 137-Unit Extend -a -Stay Hotel - 3103 Spring Road Councilwoman Capilouto made a motion that the building permit for Homestead Village to construct a 137-unit extend -a -stay hotel at 3103 Spring Road be approved. Councilman Newcomb seconded the motion. Motion was approved 7-0. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of June 17, 1996, Minutes (B) Approval of June 25, 1996, Minutes (C) Approval to Use Council Chambers - July 9, 1996, 7 - 10 p.m. for Ward 6 Neighborhood Watch Meeting (Cedar Cliffs Subdivision) (D) Approval of "No Parking" Zone on East Side of Glenroy Place (E) Approval to Request Bids - Speed Detection Devices (3) for Police Department Councilman Lnenicka made a motion the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Capilouto reminded everyone there is a Ward 1 Town Hall Meeting on Wednesday, July 10, at 7:30 p.m. at the Smyrna Community Center. Councilman Newcomb asked Mary Ann White for a report from the Human Resources Department. Ms. White announced the Human Resource Department is processing the Performance Evaluation Forms for all city employees and will meet the pre -determined deadline for submittal to the Payroll Department. Ms. White announced Cooper Psychological Services was awarded the bid for EAP services for the City of Smyrna and announced there will be an EAP Advisory Committee meeting on July 12, 1996, at noon at the Community Center. Ms. White announced there is a job opening for a City Administrator with a closing date of August 1, 1996. Ms. White announced she has a new grandson and mother and baby are doing fine. Mr. Newcomb commended Ms. White and her staff for the professional Performance Evaluation Forms that are currently in use by the City. Mr. Newcomb complimented Ms. Petrulli on her award from the Falling Waters Homeowners Association this evening. Councilman Scoggins stated Ann Kirk is absent this evening and there is no report from the Public Works Department. Mr. Scoggins asked Ms. Barrett if the recent two -week clean up is over and Ms. Barrett responded that was correct. Councilman Lnenicka expressed his appreciation to the sanitation crews for working on July 5, 1996. Councilman Hawkins asked Nancy Hancock for a report on the Historical Review Committee. Ms. Hancock stated there are still bricks for sale at a cost of $50 each. Councilman Hawkins reminded everyone to vote on July 9, 1996. He then announced the Smyrna July 8 1996 meeting - continued Municipal Court will be in session daily during the Olympics. He stated court will begin at 10:00 a.m. daily during that time period. Councilman Cramer read a letter commending a resident for his efforts during a recent fire at an apartment complex in Smyrna. Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook reported on the weekend arrest activities of his department. Councilman Lnenicka recognized the following police officers who received awards at the North Central Georgia Police Academy: Patrolman Doug Murray won the Marksmanship Award and the Honor Student Award; Distinguished Student Award was won by Patrolman Doug Colburn. Councilman Lnenicka reminded the citizens in the Cedar Cliffs neighborhood of the Neighborhood Association meeting on Tuesday evening, July 9, at City Hall. The meeting will begin at 7:30 p.m. Councilman Lnenicka stated this is Mr. Thomson's last Council meeting and wished Mr. Thomson success in his new career. Councilman Wood stated there is no report from the Finance Department this evening and announced Ms. Barton is not here tonight. Mr. Wood then wished Mr. Thomson good luck in his new career. Councilman Hawkins stated he would like to also extend good luck wishes to Mr. Thomson in his new career. Mayor Bacon asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio reminded everyone of the July 20 free concert and the August 2 concert and fireworks display. Mayor Bacon asked Michael Seigler if he had a report on the Library this evening and Mr. Seigler responded he did not. Mayor Bacon announced the next Adopt -A -Mile pick up will be Saturday, July 13, from 8 - 11 a.m. With no further businessthe meeting adjourned at 8:48 p.m. �. G A. MAX BACON, MAYOR N1 -� d)-kA CHARLENE CAPILO TO, WARD 1 BILL SCOGGINS, W 3 CK CRAMER, WARD 5 6A& L%� CA6��&, WARD MELINDA DAMERON, CITY CLERK RON NEWCOMB, WARD 2 ��� WAN -'I