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07-15-1996 Regular MeetingJuly 15, 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 except for Ron Newcomb who was out of town due to his father's illness. Also present was City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Administrative Coordinator Brenda Barrett, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathie Barton, Clean and Beautiful Coordinator Ann Kirk, Personnel Officer Chris Corey, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. Invocation was given by Reverend Ed Clack, pastor of Central Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized David Casey, Democratic candidate for House Representative District 30. Mr. Casey expressed his appreciation for the voter turnout in the July 9 election. Mayor Bacon recognized Frank Bradford, Republican candidate for House Representative District 30. Mr. Bradford stated he was grateful for being chosen as the Republican candidate for this position. PUBLIC HEARINGS: (A) Variance Request - 2999 Cumberland Circle - Carrabba's Italian Grill - Increase Sign Height from 35 Feet to 75 Feet City Clerk Melinda Dameron stated Carrabba's Grill is requesting a variance on the height of their sign from 35 feet to 75 feet. Ms. Dameron stated they have indicated the variance is needed due to the topography and the height of the trees in the area. Mayor Bacon asked the applicant to come forward. He then stated this is a public hearing and asked if anyone was present in opposition to the granting of the variance request. There was none. Councilwoman Capilouto asked the applicants to state their names. Mr. David Janowitz(sp), managing partner for Carrabba's and Ronnie Stephens, Collins Signs, came forward. Ms. Capilouto stated she had met with the applicants before the meeting and they indicated there is an error on their application. Mr. Stephens stated they are actually requesting a height variance and a square footage variance. He stated the paperwork was filed by the attorney for Steve Maxey and the size (square footage) portion of the application was not included. He stated they have some additional information on the variance requests. He then asked if both issues could be considered this evening. He stated the variance request should reflect 80 feet and not 75 feet as indicated on the agenda. Mayor Bacon asked City Attorney Mr. Camp if both issues could be address this evening. Mr. Camp stated there would be a problem with addressing the size of the sign since no public hearing notice was given on that issue. Ms. Dameron stated the property was posted indicating a variance was requested but does not list specifics of the variance requested. Mayor Bacon stated he felt if there is no objection for the height there would be probably be no objection to the square footage issue. Councilman Lnenicka asked if there is more than one fee required if two issues are requested on a variance as opposed to one issue. Mr. Stokes responded there would be an additional fee. Mayor Bacon asked what the increased size of the sign would be. Mr. Stephens responded they are requesting for a copy area of 235 feet which is comparable to the other signs in the area. Mr. Stephens presented the Mayor and Council with a computerized drawing (drawn to accurate ratio) of the proposed sign as would be visible for 1-75. Mayor Bacon asked Chief Building Official Scott Stokes if he had received any calls concerning the proposed variance request. Mr. Stokes responded he has received some calls but all persons who called were aware of the public hearing tonight. Mr. Stokes stated in response to the citizens' questions his office responded the variance was to increase the height of the sign. Mayor Bacon stated if the variance to increase the height of the sign is approved, they will still not be able to erect the sign unless the increased sign of the sign is approved. Mr. Stephens responded that was correct and the actual size of the sign is not actually 235 feet unless you take the size of the sign to the extreme. Mr. Stephens stated if their sign is 120 square feet at the new height, it would not be readable. Mr. Stephens then explained the computerized drawings that he had presented to the Mayor and Council showing the visibility from the interstate. He emphasized the sign drawing is not to scale but to ratio. He stated their business location is actually sitting down in a hole and the trees block its visibility from July 15 1996 meeting - continued the interstate. He further stated they are looking at obtaining the same visibility for their business as if they were located visibly near the interstate and are asking for the greater height just so their sign could be seen and the square footage being requested is due to the height of the sign and not being able to read it if the copy area was smaller. He stated the visibility to the public is not going to be any more of an impact versus an open view of the interstate at 35 feet and 120 square feet. He stated they have a unique situation being located where they are due to the trees and asked for the council's consideration of their request. Councilman Wood stated he understands the request for height and size of the text on the sign. He stated he is concerned about the phone calls that the Community Development Department has received about the variance request and that the persons were told it was only a height variance and they may or may not have had a problem with the fact that they were increasing the square footage on the sign and feels that should have been a part of the public notice. Mr. Camp stated you can not foreclose the public's right to comment if the public notice is required. He further stated the city could approve the variance conditionally with the size of the sign not being effective until after the next council meeting and post the size variance before the next scheduled council meeting. Mr. Camp also stated if there is any comment at the next meeting, the conditional approval could be retracted. Ms. Capilouto asked if it would be simpler to have the applicants apply for a separate variance and Mr. Camp responded it would. Mr. Stephens stated he would prefer to have the height variance approved conditionally and they would be glad to come back at the next meeting. Councilwoman Capilouto made a motion that the variance request for Carrabba's Italian Grill at 2999 Cumberland Circle to increase the height of their sign from 35 feet to 80 feet be approved. Councilman Scoggins seconded the motion. Motion was approved 6-0. Councilwoman Capilouto made a motion that the size of the sign, which would require another variance, of 235 square feet to be approved upon the variance being posted and not being effective until August 5, 1996, to allow for public comment at that meeting and payment of the fees. Councilman Hawkins seconded the motion. Motion was approved 6-0. (B) Alcoholic Beverage License Request - Retail Pouring of Liquor, Beer and Wine - Munoz, Inc. - D/b/a Aay Caramba Restaurant - 3065 South Cobb Drive Ms. Dameron stated Victor Manuel Munoz is requesting a license for pouring at this location. She further stated this is a new license and is located in front of the K-Mart Shopping Center. Mayor Bacon asked Mr. Munoz to come forward. Mayor Bacon announced this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was none. Councilman Hawkins asked Mr. Munoz if he has ever held an alcoholic beverage license. Mr. Munoz responded he has not. Mr. Hawkins asked Mr. Munoz his age and he responded he was twenty-three. Mr. Hawkins asked Mr. Munoz where the business is located. Mr. Munoz stated it is on the hill in front of the K-Mart Shopping Center on South Cobb Drive and was formerly a Chinese Restaurant, The High Plains Restaurant which had an alcohol license and a Burger King which did not have alcohol. Mr. Hawkins asked Mr. Munoz if he had read and understands the laws pertaining to an alcoholic beverage license and Mr. Munoz responded yes. Mr. Hawkins asked Mr. Munoz if he thought he would have any problems abiding by the laws not only of the City but also the State and Mr. Munoz responded he would not. Mr. Hawkins stated Mr. Munoz is a resident of Cobb County and the Police Department Investigation revealed nothing that would preclude the issuance of this license to Mr. Munoz. Mr. Hawkins stated Mr. Munoz has submitted a map indicating the location meets the distance requirements from the Church next door. Mayor Bacon asked Mr. Munoz to briefly describe what type restaurant Aay Caramba will be. Mr. Munoz stated it will be a family restaurant with authentic Mexican food for American people. He stated his mother will be doing the cooking and the tortillas will be made at the restaurant. Mr. Hawkins reminded Mr. Munoz that sting operations are conducted to be sure they comply with the requirements of the Alcoholic Beverage License Ordinance. Mr. Lnenicka stated he wanted to stress the possibility of sting operations being conducted and to make Mr. Munoz aware he will be responsible for the actions of any employee. Mr. Munoz stated he planned to play by the book and observe the requirements of the ordinance. Mr. Wood asked Mr. Munoz if he has been in the restaurant business before and Mr. Munoz stated he has worked in restaurants for a long time and his family actually had a restaurant on Windy Hill Road (former Golden Gallon location) that they sold to their partner. Councilman Hawkins made a motion that Munoz, Inc., d/b/a Aay Caramba Restaurant at 3065 South July 15 1996 meeting - continued Cobb Drive be granted an Alcoholic Beverage Pouring License with Victor Manuel Munoz as the agent. Councilman Lnenicka seconded the motion. Motion was approved 6-0. Mayor Bacon asked Mr. Munoz when they planned to be open for business and Mr. Munoz responded July 19. (C) Alcoholic Beverage License Request - Agent Change Only - South Cobb Amoco - 2711 South Cobb Drive Ms. Dameron stated South Cobb Amoco is requesting an Agent Change for the South Cobb Amoco, located at 2711 South Cobb Drive. Ms. Dameron stated the new agent will be Alinoor Lakhani and he has been given a copy of the alcoholic beverage license ordinance and the application is in order. Mayor Bacon asked Mr. Lakhani to come forward. 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 Cramer asked Mr. Lakhani if he had read the alcoholic beverage ordinance and understands it. Mr. Lakhani stated he had read it and understands it. Councilman Cramer cautioned Mr. Lakhani that the city does conduct sting operations and suggested everyone be carded. Mr. Cramer asked Mr. Lakhani if they have a training program and Mr. Lakhani stated he informs his employees that they need to check ID's. Councilman Cramer stated for the record that the Police Department Investigation revealed nothing that would preclude the issuance of this license. Councilman Lnenicka again cautioned Mr. Lakhani about the sting operations that the city conducts and asked Mr. Lakhani assure the city council that his business would comply with the alcoholic beverage license ordinance. Mr. Lakhani stated his business would comply with the ordinance. Councilman Cramer made a motion the alcoholic beverage license request for an agent change only at South Cobb Amoco - 2711 South Cobb Drive - with Mr. Alinoor Lakhani as the agent be approved. Councilman Scoggins seconded the motion. Motion was approved 6-0. (D) Alcoholic Beverage License Request - Agent Change Only - Exxon Corporation - Spring Road Exxon - 1420 Spring Road Ms. Dameron stated Spring Road Exxon is requesting an Agent Change for their store located at 1420 Spring Road with Yolanda Waketta Dallas as the agent. Ms. Dameron stated Ms. Dallas has been given a copy of the ordinance and the application appears to be in order. Mayor Bacon asked Ms. Dallas to come forward. Mayor Bacon then stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. Councilman Lnenicka asked Ms. Dallas if she currently works at this location. Ms. Dallas responded she does. Mr. Lnenicka asked Ms. Dallas if she was familiar with the City's ordinance and cautioned her about the sting operations the city conducts and if she had been given a copy of the ordinance. Ms. Dallas responded yes and that she understands the ordinance. Mr. Lnenicka then asked if she understood that as the license holder, she would be responsible for the actions of the employees. Ms. Dallas responded she was aware of that. Mr. Lnenicka stated the Police Department investigation revealed nothing that would preclude the issuance of this license request. Councilman Lnenicka made a motion that the application for an alcoholic beverage package license for Yolanda Waketta Dallas at the Spring Road Exxon, 1420 Spring Road, be approved. Councilman Cramer seconded the motion. Motion was approved 6-0. Mr. Edward Homan asked if this approval is effective immediately and Mayor Bacon responded it was. FORMAL BUSINESS: Mayor Bacon stated he would like for Councilman Wood to handle items 4-A and 4-B. (A) Approval of Special Use Permit Fees Councilman Wood stated the city has been receiving requests from vendors that want to set up shop during the Olympics and Para-olympics. He further stated the city does not presently have a Special Event type ordinance on the books and presented an ordinance that would permit these vending operations during a specific period of time and then the ordinance will become null and void. Mr. Wood read the proposed ordinance (adopted by reference and made a part of these minutes) and stated it would be on file in the City Clerk's office and in the Business License office. July 15, 1996 meeting - continued Mr. Wood stated for the benefit of Council, Section 21 has been deleted and Section 22 will become Section 21. Mr. Wood further stated the ordinance will become effective upon its adoption and approval by the Mayor. Councilman Wood made a motion the Ordinance for vending for specified periods, special events be approved. Councilman Scoggins asked if the ordinance applied to the city's special events and Mr. Wood stated those events are exempt. Mr. Wood then asked Mr. Camp if the expiration date for the ordinance be established. Mayor Bacon stated the ordinance reads in such a manner that the city will determine the permissible hours of operation. Mr. Wood responded the city will adopt a resolution as a separate issue if this proposed ordinance is approved. Councilman Wood stated he suggests the hours of operation be from 6:00 a.m. until 2:00 a.m. Councilman Hawkins seconded the motion to adopt the Special Use Permit Fees. Motion was approved 6-0. Councilman Wood then made a motion that the time period for the Special Use Permit be from July 16, 1996, through August 27, 1996, and the permissible hours of operation be from 6:00 a.m. til 2:00 a.m. - maximum permitted hours for the Olympic and Para-olympic Games. Councilman Lnenicka seconded the motion. Mayor Bacon stated this is for seven days a week. Motion was approved 6-0. (B) Amendment to GMEBS Retirement Program Councilman Wood stated in reference to the Georgia Municipal Employees Benefit Retirement Program, the city was offering a couple of amendments to the ordinance. Mr. Wood stated the ordinance provides an increase the monthly benefits for certain retirees and beneficiaries. The proposed amendment - Section 1 - will apply to retirees and beneficiaries receiving benefits on August 1, 1996, pursuant to the City of Smyrna Retirement Plan established by an Ordinance approved November 22, 1971, who have been receiving such benefits for at least five years and less than ten years are increased by 5%. Section 2 - Monthly benefits for those retirees and beneficiaries receiving benefits on August 1, 1996, pursuant to City of Smyrna Retirement Plan established by an ordinance approved November 22, 1971, who have been receiving such benefits for at least ten years are increased by 10%. He further stated all ordinances and parts of ordinances in conflict with this ordinance are repealed and these ordinance shall become effective upon its approval by the Mayor and Council of the City of Smyrna. Councilman Wood then made a motion to approve the ordinance amendment. Councilman Scoggins seconded the motion. Motion was approved 6-0. Councilman Wood read the second amendment to the GMEBS Retirement Program (copy attached and made a part of the minutes). Councilman Wood stated the retirement benefits for the elected or appointed members of the Governing Authority or as a Municipal Legal Officer shall be $42 per month for each year of service or major fraction thereof. Councilman Wood then made a motion the ordinance amendment to the GMEBS Retirement Program be approved. Councilman Hawkins seconded the motion. Motion was approved 6-0. COMMERCIAL BUILDING PERMITS: There were none BID AWARDS: (A) Bid #96007 - Pool Equipment for Church Street Center Councilwoman Capilouto stated that bids the Parks and Recreation Committee has met and reviewed the bids. Ms. Capilouto further stated it is the recommendation of that committee to reject all bids for Bids 96007 and 96008 and rebid the items. Councilwoman Capilouto then made a motion to reject all bids received for Bid #96007 and rebid the items. Councilman Scoggins seconded the motion. Motion was approved 6-0. (B) Bid #96008 - Lockers for Church Street Center See above. Councilwoman Capilouto then made a motion to reject all bids received for Bid #96008 and rebid the items. Councilman Lnenicka seconded the motion. Motion was approved 6-0. July 15, 1996 meeting - continued CONSENT AGENDA: (A) Approval of July 8, 1996, Minutes (B) Approval to Request Bids - Full -Sized Pickup Truck for Community Development Department (C) Approval to Use Council Chambers - July 23, 1996, from 7 - 9:00 p.m. for Ward 7 Meeting (D) Approval of Resolution to Reaffirm the Necessity for the "911" Charge Councilman Scoggins made a motion the consent agenda be approved. Councilman Lnenicka seconded the motion. Motion was approved 6-0. COMMITTEE REPORTS: Mayor Bacon stated he would like to make a few announcements before the committee reports are presented. Mayor Bacon announced Councilman Newcomb is in Chattanooga due to his father's illness and wished his family well. Mayor Bacon stated the Smyrna Little League is in the State Tournament in Augusta and won their first game this afternoon with a score of 7-1. Mayor Bacon wished City Clerk Melinda Dameron a Happy Birthday and wished a happy birthday to Mrs. Icee, a Cheney Woods resident, on her upcoming birthday which is Friday, July 19. Mayor Bacon then announced that Kathie Barton is attending her last council meeting as she has accepted a position with the American Red Cross in Fairhope, Alabama. Mayor Bacon then asked Ms. Barton for her report on the Community Relations Department. Kathie said she is sadly leaving the City of Smyrna to accept a position with the Red Cross. She stated there is an article that will be in the Georgia Trend Magazine in September; a video in the production stages; advertising that will appear in the Marietta Daily Journal for the Fact Book that will be distributed soon and a variety of other projects she is working on. She then expressed her appreciation to everyone for allowing her to call Smyrna her home for the last twenty-one years. Mayor Bacon stated Kathie's last day is July 25 and wished her well with her new career. Councilwoman Capilouto announced the turnout for the Ward 1 meeting held recently was very good. She expressed her appreciation to the Public Works Department for all they do on behalf of the city and stated the recently annexed residents of Bell Drive were most impressed and appreciative of the services provided by that Department. Councilwoman Capilouto asked Michael Seigler for a report from the Library. Mr. Seigler reported the Friends of the Smyrna Library hold quarterly meetings and their next meeting is July 18, 1996; there is a display in the Library by Marie Langston, oil paintings depicting her life; Clyde Maxwell has a display titled "Just for Birds" birdhouse which are very elaborate, expensive birdhouses. Mr. Seigler then reported the Library circulated over 13,800 books during June and answered over a 1,000 reference questions; and over 16,000 people came into the Library during June. Councilwoman Capilouto asked Steve Ciaccio for a report from the Parks and Recreation Department. Mr. Ciaccio reminded everyone of the concert scheduled for Saturday, July 20, on the Village Green. He stated the country rock band, Cross Fire, will be in concert. He then announced August 2, 1996, the fireworks display will take place and the Banks and Shane band will be in concert. Mr. Ciaccio stated a walking/jogging path is being constructed at Tolleson Park. Councilman Scoggins asked Brenda Barrett for a report from the Public Works Department. Ms. Barrett reported that during the two -week city-wide clean up program, the city picked up 172 tons of trash and then reminded residents the clean up program is now over and if there are any large items that need to be picked up, there will be a $10 charge for those items. Ms. Barrett then reported the Lake Court curb project began today; Woodland Terrace has been completed except for paving; the handicap ramps on McCauley Road have been completed and drainage work on Glenroy will begin. Councilman Scoggins asked Ann Kirk for a report on Smyrna Clean and Beautiful. Ms. Kirk expressed her appreciation to the Adopt -A -Mile volunteers for a successful pre -Olympic clean up effort. Ms. Kirk July 15 1996 meeting - continued stated there were fifty-one volunteers who worked a total of 104 hours and 78 bags of litter was collected off South Cobb Drive and Atlanta Road. Ms. Kirk stated there is something new at the recycling center. She explained Goodwill Industries has located a truck for this location and it will be attended during the regular recycling center hours and tax receipts will be given for donations. She explained Goodwill accepts clothing, housewares, jewelry, furniture, lamps, kitchen wares, radios, antiques, bicycles, shoes, clocks, watches, small appliances, etc. Ms. Kirk stated Goodwill no longer accepts repairable goods. Ms. Kirk gave statistics for the fiscal year 95-96 for drop off recycling: 304,000 pounds of newspapers and the proceeds went to fund the educational programs for Smyrna Clean and Beautiful; magazines - 22,797 pounds which is almost double the amount received last year; city office paper - 23,157 pounds without the June totals included. Councilman Hawkins stated Nancy Hancock does not have a report from the Cemetery Commission this evening. Councilman Hawkins then expressed his appreciation to Kathie Barton for all she has done for the city and wished her well in her new endeavor. Councilman Cramer stated Chief Williams does not have a report on the Fire Department. Councilman Cramer expressed his appreciation to Kathie Barton and also wished her well. Councilman Lnenicka asked Chief Hook for the statistics for the first six months of this year. Chief Hook read the statistics. Councilman Lnenicka stated he held a meeting last week with the Cedar Cliffs Homeowners Association and expressed his appreciation to all who attended and their support of the city. Councilman Lnenicka expressed his appreciation to Kathie Barton for all she has done to help him and the city and wished her well. Councilman Lnenicka then wished Melinda Dameron a Happy Birthday. Councilman Wood stated that at the last meeting a request was received from Southern States Environmental Services and AmeriSouth Recycling to expand their operating hours from 6:00 a.m. to 10 p.m. Monday through Friday and 6:00 a.m. to 3:00 p.m. on Saturday. He stated that item was tabled at the last meeting and had intended to bring it back up on the agenda this evening but wanted to allow ample time for the residents of Post Valley and other residents in that general area to comment on that item. He stated this will be on the agenda for August 5, 1996. Councilman Wood stated he will be holding a Ward 7 meeting on Tuesday, July 23, 1996, at Smyrna City Hall to discuss the proposed rezoning of the property on Concord Road at Havilon Way. He further stated Cambridge Homes proposes to build houses on the vacant property at that location. Councilman Wood expressed his appreciation to Kathie Barton and wished her well. Mayor Bacon asked Chris Corey for a report on the Human Resources Department. Mr. Corey announced there are a couple of job openings - City Administrator with a closing date of August 1, and Laborer II positions (Public Works - Sanitation; Parks and Recreation). Mayor Bacon asked Chief Building Official Scott Stokes for a report. Mr. Stokes updated the council with the report that the Stephens Woods Apartment Complex is scheduled to be in Smyrna Municipal Court on Tuesday and the city fully expects them to request their case bound over to Cobb County. Mayor Bacon asked Ken Hildebrandt for a report. Mr. Hildebrandt stated the South Cobb Drive signal synchronization project is basically complete. He then stated the contractor has a 30-day period where they have to maintain the system and then it will be turned over to the city. He stated the project is now complete. He then stated as a separate project, Cobb County has a consultant timing all the signals throughout the county and they have implemented that timing on South Cobb Drive and still have some fine-tuning to do but that too is basically complete. Mr. Lnenicka asked Mr. Hildebrandt if by August that should be turned over to the city and Mr. Hildebrandt responded yes. Mayor Bacon stated he would like to comment about the August 2 fireworks display. He stated several people have commented to him they feel the city should have fireworks on July 4th but he has also had July 15, 1996 meeting - continued several people comment that they prefer the fireworks on August 2 because more people are in town. He then stated the last numbers from the fireworks display on August 2 indicate that this year on that date the city will have had its one millionth visitor attending some event at the Community Center. He then stated he hoped something special will be planned for the person identified as that one millionth visitor in the past five years. Mayor Bacon stated he had received many compliments about the fireworks display held in August and urged everyone to come and attend the fireworks display on August 2. He also stated the Municipal Services building should be nearly complete when the August 2 celebration takes place as well as the new retail development. Mayor Bacon recognized Frank Bradford and David Casey who stayed for the entire meeting. With no further business, the meeting adjourned at 8:54 p.m. A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK e h a -A, CHARLENE CAPILOUTO, WARD 1 RON NEWCOMB, WARD 2 BILL SCOGGINS, W 3 JAMES M. HAW5J>JS/)WARD 4 JACK CRAMER, WARD 5 WADE S. �AL xi,2-) 4-�ee CHARLES PETE WOOD, WARD 7