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03-01-1999 Regular MeetingMarch 1, 1999 s 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 Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp, and representatives of the press. Invocation was given by Councilman Hawkins, followed by the pledge to the flag. Mayor Bacon recognized Sarah Curtis, Student Body President of Campbell High School, and announced she will be conducting the meeting this evening. Mayor Bacon recognized Jorie Graves, Meghan McBain and Erin Brannon, Bob Robinson, Marcellus Bradley, students from King Springs Elementary School, and Chris Force, Counselor at King Springs School. Ms. Force indicated the students will be discussing the Character Words for the month of March. Ms. Forces further stated the students are all Peace Walk Award recipients and their names engraved on bricks in the walkway at the school in Gillespie Gardens. Mayor Bacon recognized Curt Johnston, School Board member, who announced this week is "Read Across America Week." Mayor Bacon asked Curt Johnston to remain at the podium and asked Captain David Farmer to come forward. Mayor Bacon thanked the students and staff from King Springs Elementary School for being in attendance at tonight's meeting. Captain Farmer read a letter to Mayor Bacon, dated February 16, 1999, recognizing Melissa Tidwell, for her life-saving efforts on a 16-month old infant. Captain Farmer further stated that on Monday, February 1, 1999, Ms. Kathy Dickson of Kenland Road, Smyrna, had just backed out of her driveway and driven to the intersection of Kenland Road and Hurt Road, when she noticed her daughter, Miranda, was limp and lifeless. Ms. Dickson got out of the car and began screaming and a neighbor, Ms. Branson, called 9-1-1. Captain Farmer indicated Melissa Tidwell was in her car behind Ms. Dickson and a Mr. James Furr, member of the Cosmic Gypsy Band was behind Melissa's car. Mr. Farmer stated Melissa administered mouth-to- mouth resuscitation with Mr. Furr's assistance until the infant began to breathe on her own. Mr. Farmer stated Melissa is the daughter of Greg and Carol Tidwell, and granddaughter of retired fire captain Jim Tidwell (Smyrna Fire Department). Mayor Bacon commended Melissa Tidwell for actions above and beyond the call of duty in our community. He then presented her with a National Community Service Commemorative Coin and other gift items. Ms. Tidwell thanked the city for the recognition and stated she was helping someone in need and did not expect any recognition. Mr. Curt Johnston expressed his gratitude to Melissa and stated she was recognized at the last school board meeting. CITIZENS INPUT: Mayor Bacon recognized Dan Denton, Regional Director of Ducks Unlimited of North Georgia. Mr. Denton thanked Councilman Cramer, Charles Parris, and the council for inviting him to attend the meeting this evening. He expressed his appreciation for the help he received in organizing the Ducks Unlimited banquet scheduled for Tuesday, April 6, at 6:00 p.m. at the Smyrna Community Center. He stated the purpose of the banquet is to raise funds to benefit the wetlands and wildlife conservation. PUBLIC HEARINGS: (A) Variance Request - 233 Doeskin Lane - To Allow a Second Accessory Structure Honorary Mayor Curtis asked Mr. Smith for the background information on Items (A), (B) and (C). Mr. Smith stated the applicant, Clifton Earl Smith, is requesting the variance in order to build a carport for his motor home and has contacted his neighbors who have indicated they have no objection to the building of the carport. Honorary Mayor Curtis stated this is a public hearing and asked if anyone was present in opposition to the granting of these variance requests. There was no opposition. March 1, 1999 meeting - continued Councilman Wood asked Mr. Clifton E. Smith to explain why he is requesting three variances. Mr. Smith stated he has an existing concrete pad where he parks his motorhome and boat and would like to put a cover over it. He said the pad is close to the property line at the rear and side of his property and therefore he needs the variance for the rear and side yard setbacks. He stated the other variance request is to allow him to keep a second accessory structure on his property. He stated he has an existing building in which he stores his lawnmower. Councilman Wood stated the first variance refers to an existing storage building and asked Mr. Smith if the proposed cover over the existing pad would be enclosed and Mr. Smith responded there would be no sides - just a cover to provide protection for his motorhome. Councilman Wood made a motion that the variance request at 233 Doeskin Lane to allow a second accessory structure be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Variance Request - 233 Doeskin Lane - Reduce Rear Yard Setback from 5 Feet to 6 Inches See narrative above. Councilman Wood made a motion that the variance request at 233 Doeskin Lane to reduce the rear yard setback from 5 feet to 6 inches be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Variance Request - 233 Doeskin Lane - Reduce Side Yard Setback from 10 Feet to 2 Feet See narrative above. Councilman Wood made a motion that the variance request at 233 Doeskin Lane to reduce the side yard setback from 10 feet to 2 feet be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (D) Abandonment - Unimproved 50 Foot Right of Way - Unnamed Street Intersecting Reed Road Honorary Mayor Curtis asked Mr. Smith for the background information. Mr. Smith stated Poston Properties has requested the abandonment of an unimproved 50 foot right of way beginning at a point on the south side of Reed Road, approximately 645 feet from the southwesterly intersection of Reed Road and King Valley Drive and running in a southwesterly direction a distance of 240 feet. Mr. Smith stated this as part of the original subdivision plans, Poston Properties, had planned to use the right of way as a second entrance to their King Valley Subdivision but due to safety issues felt it was in the best interest to abandon the right of way and eliminate the proposed connection to Reed Road. Mr. Smith stated City Engineer Ken Hildebrandt agrees this would be in the best interest of the city. Honorary Mayor Curtis asked if anyone was present in opposition to the proposed abandonment. There was no opposition. Councilman Wood stated at the last council meeting, a zoning amendment was approved for the King Valley at Vinings Subdivision. Mr. Wood stated that zoning amendment eliminated the requirement on the plan for a road to enter the subdivision from Reed Road and with that action there is no longer a need for this property to be part of a right of way dedicated to the City of Smyrna. Councilman Wood made a motion to approve the abandonment of the unimproved right of way at King Valley at Vinings subdivision at Reed Road. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (E) Abandonment - 50 Foot Right of Way - Camp Highland Road and Lake Road Honorary Mayor Curtis asked Mr. Smith for the background information. Mr. Smith stated the Sofran Group that is developing the new Publix shopping center, along South Cobb Drive, is requesting this abandonment which will facilitate the development of the new shopping center. Honorary Mayor Curtis stated this is a public hearing and asked if anyone was present who wished to make any public comment regarding this abandonment. There were no comments. March 1, 1999 meeting - continued Councilman Lnenicka asked Chris May, representative of the Sofran Group, to come forward and briefly explain the request. Councilman Lnenicka stated the city is not closing the southern part of Camp Highland Road south of the East-West Connector but are actually closing an abandoned portion on the north side. Mr. Lnenicka asked Mr. May to explain why the property is needed and the proposed use. Mr. May stated the portion of Camp Highland Road that they are requesting be abandoned is between Gaylor Street and South Cobb Drive and currently serves two residences that are on Mr. Stamey's property. He further stated that is the part of the property they are purchasing for the development and all the other property adjacent to this is being purchased by the Sofran Group. Mr. May stated this abandonment would facilitate the development of the center. Mr. May stated Camp Highland Road is considerably higher than the East-West Connector and they need to grade this property down for visibility. Mr. Lnenicka stated this request had been submitted to the Cobb County Board of Commissioners and at their most recent meeting they had voted to also authorize and approve this closure and abandonment. Mr. Lnenicka stated the City Engineer has also indicated he supports this and it is necessary for the development of the site. Councilman Lnenicka made a motion to abandon a 50-foot right of way of Camp Highland Road and Lake Road as described. Councilman Wood seconded the motion. Motion was approved 7-0. (F) Alcoholic Beverage License Request - Agent Change - Cobb Center Amoco - 2711 South Cobb Drive - Retail Sales - Package Beer and Wine Honorary Mayor Curtis asked Mr. Smith for the background information. Mr. Smith stated Ms. Rajeshwari Surani has applied to be the agent for this establishment and this is an ownership and agent change. Mr. Smith stated the Police Department investigation revealed nothing that would preclude the issuance of this license to Ms. Surani. Mr. Smith stated Ms. Surani is a resident of Norcross, Georgia. Honorary Mayor Curtis 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 Cramer asked Ms. Surani to explain her relationship to the business and what type training program she plans to have in place. Ms. Surani stated she will be the agent for the Amoco on South Cobb Drive and their policy will be to card everyone who purchases alcoholic beverages. Ms. Surani stated when new employees are hired, they will be made aware of all the city ordinances and instructed to card everyone and ask for two identifications if there is any doubt when patrons wish to purchase alcohol. Mr. Cramer asked Ms. Surani if she received a copy of the Alcoholic Beverage Ordinance and if it was reviewed with her. She responded yes. Mr. Cramer cautioned Ms. Surani that the City of Smyrna does conduct sting operations. Mr. Cramer stated for the record that the Police Department investigation revealed nothing that would preclude the issuance of the license to Ms. Surani. Councilman Cramer made a motion the alcoholic beverage license request - agent and ownership change - at Cobb Center Amoco, 2711 South Cobb Drive for retail sales of package beer and wine be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Ordinance Amendment - Section 70-28 - Parks Commission Honorary Mayor Curtis asked Mr. Smith to provide the background information. Mr. Smith stated this amendment comes before council as a recommendation from the Parks and Recreation Committee chaired by Councilman Scoggins. Mr. Smith further stated it is a recommendation to change Section 70-28 regarding the term limits for members of the Parks Commission. Councilman Scoggins stated the members of the Parks Commission have requested two-year terms citing the three-year terms are too long. Councilman Scoggins made a motion the Ordinance Amendment to Section 70-28 - Parks Commission be approved as indicated below. Councilman Lnenicka seconded the motion. Motion was approved 7-0. March 1, 1999 meeting - continued See.70-28. Members The parks and recreation commission shall consist of eight members, who shall serve without compensation, and each of whom shall be a resident citizen of the city. Seven of the commission members shall reside in the ward which they represent. The eighth member, the mayor's appointee, shall be a resident of the city at large. The term of office shall begin on September 30 for members appointed by ward and shall be for 44rp.0 tw§1 year staggered terms. The mayor's appointment shall be come effective January 1, 1996, for four years and for four-year terms thereafter to run concurrently with the term of office of mayor. Additionally, the mayor and members of the parks and recreation committee shall be ex officio members. (B) Ordinance Amendment - Section 70-30 - Members Honorary Mayor Curtis asked Mr. Smith to provide the background information. Mr. Smith stated this ordinance amendment comes before council at the recommendation of the Parks and Recreation Committee chaired by Councilman Scoggins and recommends the number of members present to constitute a quorum. Councilman Scoggins made a motion the ordinance amendment to Section 70-30 - members to increase the number of members present to constitute a quorum be approved ass indicated below. Councilman Lnenicka seconded the motion. Motion was approved 7-0. i Sec. 70-30. Same - Quorum Any €eux rive members of the commission shall constitute a quorum for the transaction of business. (C) Ordinance Amendment - Section 70-2 - Conduct in City Parks Honorary Mayor Curtis asked Mr. Smith for the background information. Mr. Smith stated this also comes before council at the recommendation of the Parks and Recreation Committee chaired by Councilman Scoggins. I Councilman Scoggins stated the city has received numerous complaints concerning some of the dogs in the park. He stated this proposed amendment addresses those concerns and is recommended by the Parks and Recreation Committee. Councilman Scoggins made a motion that the proposed Ordinance Amendment to Section 70-2 - Conduct in City Parks - Sub -section (c) sub -paragraph (8) be approved as indicated below. Councilman Lnenicka seconded the motion. Motion was approved 7-0. Sec. 70-2 Regulation of conduct in city parks. Sub-section(c): 1 (8) It shall be unlawful for any animal owner and/or custodian to permit an animal to leave animal waste in a city park without its safe removal. Refusal to obey such a lawful order shall be punishable as a misdemeanor. COMMERCIAL BUILDING PERMITS: (A) RACO General Contractors - United Drive - Extension of Working H I ours Honorary Mayor Curtis asked Mr. Smith to provide the background information. Mr. Smith stated RACO, the contractor for the United Distributors building, is requesting an extension of their working hours for the pouring of concrete and are requesting to start at 2.00 a.m. and finish by late afternoon of the same day. Councilman Wood asked if there were any representatives present from RACO and recognized John Giannini, project manager for RACO General Contractors. Councilman Wood asked Mr, Giannini to explain why it is necessary to extend the working hours. Mr. Giannini stated it is difficult to pour concrete at this time of the year and get it to set properly due to the nighttime temperatures. Mr. Giannini stated they prefer to start the concrete pour very early in the morning - usually at 2:00 or 3:00 a.m. - so that it will set during the afternoon hours. He March 1, 1999 meeting - continued further stated this enables them to get the concrete trucks to the job site at 6:30 or 7:00 a.m. Mr. Wood asked how many pours they anticipate needing and Mr. Giannini responded seven pours over a three-week period of time depending on the weather. Mr. Wood stated this site is at the Highlands Park development and there is some residential property in the area and supports the efforts of RACO with the understanding that if there is a problem with noise or things that create a problem for the residents in the area, the city would have to come and talk to the company about those if this is approved. Mr. Giannini stated that was fine and Choate Construction is on the same property and they are finishing the Comdisco project. He stated they started their concrete pours at 2:00 a.m. apparently without complaints. Councilman Wood made a motion to approve the request by RACO General Contractors to extend their working hours for the special purpose of pouring concrete starting at 2:00 a.m. and finish by late afternoon of the same day. Councilman Wood stated this is with the understanding that if any problems occur that affects the residential areas, the city will address them with the company. Councilman Lnenicka seconded the motion. Motion was approved 6- 0 with Councilman Scoggins abstaining. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of February 15, 1999, Minutes (B) Approval to Request Bids - Grading Services (Cobb Center Park) (C) Approval to Use Council Chambers - March 8, 1999, 7 - 9 p.m. - Veterans Memorial Committee Meeting (D) Approval of Consent to Contract Assignment - Southern States Environmental Services and BFI Waste Systems of North America Councilman Lnenicka made a motion the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: There were no committee reports from Councilwoman Capilouto, Councilman Newcomb, Councilman Hawkins but they all commended Ms. Curtis for conducting the meeting this evening. Councilman Hawkins stated he had received several calls from his constituents concerning the fact that some of the properties in his ward were not being kept in an acceptable condition. Councilman Hawkins expressed his condolences to the family of Coach Neal who had passed away this past weekend. He further explained that Coach Neal was a basketball coach at Wills High School. Councilman Cramer also expressed his condolences to the family of Coach Neal. Councilman Cramer stated that beautification improvements have taken place at the intersection of Old Concord Road and Hickory Acres due to the efforts this past weekend by Ann Kirk and volunteers. Councilman Lnenicka also commended Ms. Curtis for the manner in which she conducted the meeting. Councilman Lnenicka thanked the residents of the Heritage at Vinings subdivision for hosting the Mayor and Council, media and public Sunday, February 22, for the re -opening and re- dedication of the Guernsey Jug Restaurant. Mr. Lnenicka commended John Wieland Homes and the neighborhoods for the excellent job they did in preserving the building, relocating it on the site to be the permanent clubhouse for the Heritage at Vinings. Councilman Wood, City Administrator Howard Smith and City Clerk Melinda Dameron also commended Ms. Curtis for the manner in which she conducted the meeting. March 1, 1999 meeting - continued ADJOURNMENT With no further business, the meeting adjourned at 8:25 p.m. A. MAX BAC , MAYOR MELINDA DAMERON, CITY CLERK c .. CHARLENE CAPILOU O, WARD 1 RON NEWCOMB, WARD 2 ,,PACK CRAMER, WARD 5 WADES- LNTNickA, WARD 6 CHARLES PETE WOOD, WARD 7