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01-04-1999 Regular MeetingJanuary 4, 1999 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 Charlene Capilouto. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp, and representatives of the press. Invocation was given by Reverend Richard Hemphill, Trinity Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Susan Bishop, Principal, and Janet Peeler, Assistant Principal, from Campbell Middle School, and student Sergio Seguenza. Ms. Bishop stated that another student, Isabel Garcia, had been selected to attend, but was unable to do so. Sergio Seguenza gave his presentation demonstrating the use of the word "responsibility", the Character Word of the month. Mayor Bacon presented gift bags to the students and teachers and thanked them for attending the meeting. Mayor Bacon stated Councilman Newcomb had a special presentation to make this evening. Councilman Newcomb asked Betty Turley, member of the Planning and Zoning Board, to come forward. Councilman Newcomb thanked Ms. Turley for serving on the Planning and Zoning Board since he was first elected in 1992 and presented her with a crystal jonquil for her years of service to the city. Mayor Bacon asked Dr. Robert Mainor and his family to come forward. Mayor Bacon read a proclamation honoring Dr. Robert Mainor for his 45 years practice in Smyrna and also presented him with a crystal jonquil in honor of his retirement. Mayor Bacon recognized School Board member Curt Johnston. Mr. Johnston made a brief report on the first annual report published by the Board of Education. PUBLIC HEARINGS: (A) Alcoholic Beverage License Request - J & J Package Store - 1828 Spring Road - Retail Sales Liquor, Beer and Wine Mr. Smith stated J & J Enterprises, Inc., d/b/a/ J & J Package Store has submitted an application for a retail package license (liquor, beer and wine) at 1828 Spring Road. He further stated this is a new application and Hisham Huroub has applied to be the agent for this establishment. Mr. Smith further stated the Police Department investigation is still pending. 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 no opposition. Councilman Scoggins apologized that the application had been delayed but further stated there apparently are back taxes due on the property. He stated since Mr. Huroub is not the property owner he did not think the city should hold Mr. Huroub responsible for something over which he has no control. Mr. Scoggins asked the property owner listed on the application about the back taxes and Mr. Mufareh "Jordan" Maitah stated he was purchasing the property but was unaware that taxes had not been paid. Mr. Scoggins stated the police department investigation has not been completed due to incomplete or insufficient information. Mr. Huroub stated he has been in this country since 1980 and was a United States citizen. Mr. Huroub stated he had gone to the Police Department on October 28 and was fingerprinted and he was called back a couple of times to fill out more paper but nobody could help him when he went back. Councilman Scoggins asked Mr. Huroub if he understood the ordinance and cautioned that the city does conduct sting operations. Mr. Huroub stated he understands that and it will be his responsibility if a violation occurs. Councilman Scoggins made a motion that the alcoholic beverage license request for retail sales of liquor, beer and wine at J & J Package Store, 1828 Spring Road, with Mr. Hisham Huroub as the agent, be approved subject to the back taxes being paid and the receipt of a favorable police department investigation report, on or before January 19, 1999. Councilman Lnenicka seconded the motion. Motion was approved 5-0 (Councilwoman Capilouto was absent). January 4, 1999, meeting - continued (B) Rezoning Request - 3860 South Cobb Drive - Rezone from O.I. (Office Institutional) to G.C. (General Commercial) Mr. Smith stated the applicant, Wade Ford, is requesting the rezoning of their property at 3860 South Cobb Drive from O.I. to G.C. for the purpose of building a two-story building on the 1.94 acre tract. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this rezoning request. There was no opposition. Councilman Wood recognized Mr. Lamar Lester, representing Wade Ford. Mr. Le ter stated Wade Ford has been at this current location for nineteen years and their business has doubled in volume. He further stated they need to increase their facilities for a used car dealership and part of the property is zoned GC while part of the property is zoned O & I. While architectural renderings are not available, they are planning a 2 story building for their used car 1 t and accounting offices, with 138 parking spaces. An entrance on King Springs Road w ld be needed to facilitate the development. They are also negotiating with Colonial Pipeli �e to get their approval to use the pipeline easement for parking. Councilman Wood stated he has not had an opportunity to look at this in great detail due to the holidays. Council members Wade Lnenicka and Jim Hawkins also expressed grave concerns with the entrance on King Springs Road and the zoning change to GC which will abut the newly built homes of Springside Subdivision on King Springs Road. Councilman Wood made a motion to table this rezoning request to the February 1, meeting. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). (C) Rezoning Request - Civitania Road and Cooper Lake Road (4.23 Acres) - From RAD Conditional to R-15 Mr. Smith stated this rezoning request is for the purpose of rezoning 4.23 acres at C ivitania Road and Cooper Lake Road from RAD Conditional to R-15 and the applicant, Russell Barnett, is requesting to lower the density on this tract of land. Mr. Smith stated that if the rezoning request is approved, it will necessitate a land use change. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the rezoning request. Mayor Bacon recognized Jesslyn Trator, 509 Townwood, who stated they had just moved her and did not know anything about the issue. Councilman Wood asked Mr. Russ Barnett, the applicant, to come forward and brie y describe why the rezoning is being requested. Mr. Barnett stated this property represents set lement of an annexation lawsuit filed in July of 1998 and has been approved by the attornes a partial settlement without litigation. He stated this plan was approved for 60 lots and on July 17 a lawsuit was filed against the city and him. He further stated they have reached an agreement to modify the land plan and feels this is in the best interest of the parties involved. This plan tonight reduces the density identified as Tract A, containing 4.23 acres from 13 lots to 8 lots. This agreement eliminates the curb cut on Cooper Lake Road and provides internal circulation to these eight lots. The remainder of the property zoned in July will remain RAD qonditional. Councilman Wood made a motion that the rezoning request of 4.23 acres at Civitan a Road and Cooper Lake Road from RAD Conditional to R-15 be approved. Councilman Cram r seconded the motion, which carried 6-0. (Councilwoman Capilouto was absent.) (D) Land Use Change - Civitania Road and Cooper Lake Road from Medium Density Residential to Low Density Residential Councilman Wood made a motion that the land use change on Civitania Road and ( Road (4.23 acres) from Medium Density Residential to Low Density Residential be Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilwom was absent). (E) Zoning Amendment - Cooper Lake Road (15.19 Acres) - To Change Mr. Smith stated Mr. Russell Barnett, the applicant, is requesting a zoning amel 15.19 acre tract on Cooper Lake Road. He further stated the applicant wants to street layout and originally the plans called for 47 lots and in the new plan there Lake Capilouto Layout nt on the ige the only be 46 January 4, 1999, meeting - continued lots. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this zoning amendment request. There was none. Councilman Wood asked Mr. Barnett to briefly explain the proposed changed to the street layout for this development. Mr. Barnett stated they would like to change the street layout on the development (discussed in the two previous items). He stated this will provide one entrance on the property. Councilman Wood made a motion that the zoning amendment on Cooper Lake Road (15.19 acres) be approved. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent.) (F) Alcoholic Beverage License Request - Agent Change Only - Ali Food & Gas, Inc., d/b/a BP Food Mart - 2691 South Cobb Drive Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this alcoholic beverage license request. There was no opposition. Councilman Cramer made a motion to table this application to the January 19, 1999, council meeting. Motion was seconded by Councilman Lnenicka. Motion was approved 6-0 (Councilwoman Capilouto was absent.) (G) Alcoholic Beverage License Request - Agent Change Only - Ali Food & Gas, Inc., d/b/a Chevron Food Mart - 2875 South Cobb Drive Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this alcoholic beverage license request. There was no opposition. Councilman Cramer made a motion to table this application to the January 19, 1999, council meeting. Motion was seconded by Councilman Lnenicka. Motion was approved 6-9 (Councilwoman Capilouto was absent). FORMAL BUSINESS: (A) Appointments to Planning and Zoning Board - Wards 1 and 7 Mayor Bacon asked Councilman Wood to make his appointment. Councilman Wood made a motion that George "Bud" Garvin be re -appointed to serve as the Ward 7 representative on the Planning and Zoning Board and stated his term will expire in December, 2000. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). In the absence of Councilwoman Capilouto, the Ward 1 appointment was deferred to the next meeting. (B) Ratify Decision of Hearings Officer - 2118 Oak Drive Councilman Wood made a motion to uphold the decision of the Hearings Officer that the structure be renovated or demolished within 15 days, with a lien filed against the property to recover the cost of the demolition. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent.) (C) Appointments to Keep Smyrna Beautiful Commission - Wards 2 and 7 Councilman Newcomb made a motion that Pete Paulsen be re -appointed to serve as the Ward 2 representative on the Keep Smyrna Beautiful Commission with his term to expire in December, 2000. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent.) Councilman Wood made a motion to reappoint Sue Brissey to serve as the Ward 7 representatives on the Keep Smyrna Beautiful Commission with the term to expire in December, 2000. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). January 4, 1999, meeting - continued (D) Appointment to Parks and Recreation Commission - Ward 2 Councilman Newcomb made a motion that Dale Holmes, a Country Park resident, be appointed to serve as the Ward 2 representative on the Parks and Recreation Commission with her term to expire in September, 2001. Councilman Wood seconded the motion. Motion was approved 6- 0 (Councilwoman Capilouto was absent). (E) Extension of Apartment Moratorium - January 7, 1999, to July 7, 1999 Councilman Hawkins made a motion to extend the apartment moratorium from January 7, 1999, to July 7, 1999. Councilman Newcomb seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). (F) Validate Petition to Annex Property - Fronting on Ennisbrook Drive (0.48 Acres) - Land Lot 268, 17' District, 2' Section, Cobb County, Georgia Councilman Cramer stated the city has received a petition from Bruce C. Stanfield, Division Manager of Priske-Jones Investments, L.L.C. to annex the following described property. All that tract or parcel of land lying and being in Land Lot 268, 171' District, 2nd Section, :Cobb County, Georgia, as per plat of survey dated November 23, 1998, prepared for Priske-Jones by Gaskins Surveying Co., John C. Gaskins, Georgia Registered Land Surveyor No. 2060, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, commence at the intersection of the northerly right-of-way of Pineland Drive (50 foot right-of-way) with the easterly right-of-way of Head Drive; thence proceed easterly as measured along the northerly side of Pineland Drive for a distance of 502.4 feet to a one-half inch open top pipe and corner; thence proceed north 04 degrees 04 minutes 47 seconds east for a distance of 199.99 feet to a #4 rebar and corner, said point being the TRUE POINT OF BEGINNING; thence running north 86 degrees 54 minutes 06 seconds west for a distance of 299.39 feet to a point and corner; thence running north 03 degrees 05 minutes 30 seconds east for a distance of 101.93 feet to a #4 rebar found on the southwesterly side of a proposed road (Ennisbrook Drive); thence running south 74 degrees 38 minutes 46 seconds east as measured along the southwesterly side of said proposed road for a distance of 285.43 feet to a point and corner; thence running south 04 degrees 04 minutes 47 seconds west for a distance of 37.15 feet to the point of beginning. Said tract contains 0.48 acres. Councilman Cramer made a motion that the petition to annex the above -described property be validated and a public hearing set for February 1, 1999. Councilman Wood seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of December 21, 1998, Minutes (B) Approval to Request Bids - Replacement of 432 Linear Feet of 8" Sewer Main on Lake Drive and Highview Drive (between Manhole #249 and #248) (C) Approval to Request Bids - Removal of Asphalt and Base at Cobb Center Park Councilman Cramer made a motion that the Consent Agenda be approved. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). COMMITTEE REPORTS: Mayor Bacon announced the "Bring One for the Chipper" drive will be at the Home Depot in Vinings on Saturday, January 9, 1999. January 4, 1999, meeting - continued Councilman Newcomb announced that Saturday is the back up day for outdoor burning in the city and that February 6, 1999, will also be an outdoor burning date in the city. There were no additional committee reports this evening. ADJOURNMENT With no further business, the meeting adjourned at 9:04 p.m. A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK CH RLENE CAPILOTJTO, WARD 1 BILL kOGGINS- RD 3 ACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 RON NEWCOMB, WARD 2 /eMES? (-eM.' I - fA W K I N S, W A R D 4 WADE S. LNfNfflK-A, WARD 6