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04-16-2001 Regular MeetingApril 16, 2001, 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 Candis Joiner, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Pastor Grant Cole of Milford Church of God, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon stated that he has received several calls regarding the holiday sanitation pick-up schedule and apologized for the delayed notice and inconvenience. Mayor Bacon recognized Ms. Joanna Collins, 4344 Sumac Circle, who stated that her neighborhood was annexed at the March 19, 2001, Council Meeting and was assured that a benefit of this annexation was increased police and fire protection. Ms. Collins stated that her father-in-law had an accident on April 12, 2001, in which Cobb County Fire responded to the 911 call and asked for an explanation. Mr. Smith stated that the City of Smyrna is coordinating the switch over with Bell South and that the City is in close communication with Cobb County Fire Services. Chief Williams stated that the City of Smyrna and Cobb County are currently answering any call that Bell South sends in order to verify that the citizens are served and that Bell South should have everything straightened out any day now. PUBLIC HEARINGS: (A) Rezoning Request-9.8 Acres —Cooper Lake Oaks —From R-20 to RAD Conditional. Mayor Bacon stated that this is a public hearing and asked for comment. There was none. Councilman Wood stated that a letter from the applicant was received requesting that items 3-A and 3-13 be withdrawn without prejudice. No action was taken. (B) Land Use Change Request-9.8 Acres —Cooper Lake Oaks —From Low Density Residential to Medium Density Residential. Mayor Bacon stated that this is a public hearing and asked for comment. There was none. No action was taken. (C) Variance Request —Eliminate Side Yard Setback-3090 Jonquil Drive. Mr. Smith stated that the applicant would like to subdivide their property and create two parcels which would result in a 0' side yard setback along the new common tract line. Mayor Bacon stated that this is public hearing and asked for public comment. There was none. Councilman Newcomb introduced Mr. J. R. Nichols who stated that he had previously built a 20,000 square foot office building on the property and that he has a person interested in purchasing one half of the building. Mr. Nichols stated that he will retain ownership of one half of the building and that the property will become 2 lots. Mr. Nichols stated that he will retain lot 1 on the right and sell lot 2 on the left. Councilman Newcomb made a motion to approve the variance request of 3090 Jonquil Drive to eliminate the side yard setback for both halves of the current structure and any subsequent structures, and stated that any new or different structures would require a.variance. Councilman Hawkins seconded the motion. Motion was approved 6-0. (D) Variance Request —Reduce Minimum Lot Size-3090 Jonquil Drive. April 16, 2001 2 Mr. Smith stated that the applicant would like to subdivide their property and create two tracts that would result in one tract with 41,077 square feet and the other with 36,634 square feet. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Newcomb made a motion to request the variance request of 3090 Jonquil Drive to reduce the minimum lot size from 40,000 square feet to 36,634 square feet conditional on the current use and placement of the current structure on the property. Councilman Hawkins seconded the motion. Motion was approved 6-0. (E) Variance Request —Reduce Rear Yard Setback and Allow Accessory Building Within Drainage Easement-3945 Green Forest Lane. Mr. Smith stated that the applicant had installed a storage shed without first obtaining the proper building permits, and that the shed is located within the rear yard setback for accessory structures and the 10' drainage easement. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood introduced the applicant, Mr. Barry Rickman who stated that he purchased this home approximately 4 weeks ago and that there is no storage for outside tools. Mr. Rickman stated that he did not realize that a permit was needed because the building does not have water or electricity. Councilman Wood stated that he has seen the building and easement area and that Mr. Hildebrandt and Mr. Miller have also viewed the site. Mr. Hildebrandt stated that all of the lots on Green Forest Lane have a drainage easement along the rear of the property line, but this property is on the top of the hill and that there is no ditch and therefore the drainage easement serves no purpose. Councilman Wood made a motion to approve the variance request of 3945 Green Forest Lane to reduce the rear yard setback and allow an accessory building within the drainage easement with the stipulation that the property owner holds the City harmless in the event that the City must maintain or correct any problem with this drainage easement. Councilman Cramer seconded the motion. Mr. Rickman stated that he understood and accepts the stipulation. Motion was approved 6-0. (F) Variance Request —Reduce Rear Yard Setback-4953 Durley Walk. Mr. Smith stated that the applicant is requesting to reduce the rear yard setback from 25' to 12' in order to accommodate the type of home selected by a perspective purchaser. Mayor Bacon stated that this is a public hearing and asked for comment. There was none. Councilman Wood recognized Mr. Dean Lamm, Ryland Homes, who stated that they have a buyer for this lot and in order to accommodate the type of home selected by a perspective purchaser, the rear yard setback would need to be reduced from 25' to 12'. Councilman Scoggins asked Mr. Lamm if this lot was in the preliminary plat submitted to the City of Smyrna, and Mr. Lamm stated yes. Councilman Wood made a motion to approve the variance request to reduce the rear yard set back of 4953 Durley Walk from 25 feet to 12 feet. Councilman Cramer seconded the motion. Motion was approved 6-0. (G) Privileged License Request —Retail Pouring (Beer, Wine and Liquor) —Hacienda Los Mariachis-821C Concord Road —New License. Mr. Smith stated that this is a new application and that Mr. Alvarado is requesting to be the agent for Hacienda Los Mariachis. Mr. Smith stated that the applicant has received a copy of the City of Smyrna's alcohol licenses and that the police investigation failed to reveal any information that would preclude the issuance of this license. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Hawkins introduced Mr. Adan and Mr. Pedro Oliver who stated that the owner Mr. Jose Fabian Alvarado is out of town on an emergency. Councilman Hawkins stated that the agent must be present and made a motion to table the privileged license request for retail pouring of beer, wine and liquor for Hacienda Los Mariachis at 821C Concord Road be tabled April 16, 2001 W (H) Privileged License Request —Retail Package (Beer and Wine) EZ Serve #8140- 2610 Cobb Parkway —Agent Change. ' ,. , Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Mayor Bacon stated that the attorney for items 3-H, 3-I and 34 has asked that these items be tabled until the next Council Meeting. Councilman Hawkins made a motion to table items 3-H, 3-I and 34 until the May 7, 2001, Council Meeting, and Councilman Cramer seconded the motion. Motion to table was approved 6-0. (I) Privileged License Request —Retail Package (Beer and Wine) EZ Serve #8106-902 Windy Hill Road —Agent Change. See 3-H (J) Privileged License Request —Retail Package (Beer and Wine) EZ Serve #8161- 1166 Concord Road —Agent Change. See 3-H (K) Privileged License Request Vehicle for Hire —International Taxi Company-2520- C Spring Road —New Application. Mr. Smith stated that the applicant is applying for a vehicle for hire license, and that the operating address shown on the application is incorrect. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Newcomb stated that the owner of the shopping center has sent a letter indicating that permission has not been granted fora taxi company at the_ stated address, and Chief Hook and Captain Hayes has recommended denying the request. Councilman Newcomb made a motion to deny the privileged license request for a vehicle for hire license for International Taxi Company at 2520-C Spring Road. Councilman Hawkins seconded the motion. Motion to deny was approved 6-0. (L) Privileged License Request —Bail Bonds —All Cobb Bail Bonds-2588 Austell Road —New Application. Mr. Smith stated that the applicant is requesting to be made the registered agent for the All Cobb Bail Bonds Company and that the police investigation failed to reveal any information that would preclude issuance of this license. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Hawkins recognized Mr. Christopher Richard Freund, applicant, who stated that he has been licensed with the Secretary of State as a bail bondsman for over 2 years. Councilman Hawkins made a motion to approve the privileged license request for bail bonds of All Cobb Bail Bonds at 2588 Austell Road to operate in Smyrna. Councilman Scoggins seconded the motion. Motion was approved 6-0. FORMAL BUSINESS: (A) Appointments for 2001 Special Election. Mr. Smith stated that several appointments need to be made for the Ward 1 June election and that it is recommended that Linda Smith be appointed to serve as Election Superintendent and Kellie Barber, Mike Hickenbottom and Leah Bronson be appointed to serve as Absentee Ballot clerks. Councilman Hawkins made a motion to appoint Linda Smith to serve as Election Superintendent and Kellie Barber, Mike Hickenbottom and Leah Bronson to serve as Absentee Ballot clerks. Councilman Scoggins seconded the motion. Motion was approved 6-0. April 16, 2001 4 (B) Set Qualifying Fee, Qualifying Date and Special Election Date for Ward 1 Special Election. Mr. Smith stated that due to the resignation of Councilwoman Capilouto, a special election will be held on June 19, 2001. Mr. Smith stated that the notice of election and qualifying will appear in the April 17, 2001 and April 20, 2001, editions of the Marietta Daily Journal and that the qualifying dates will be April 24, 2001, through April 26, 2001, from 8:30 a.m. to 1:00 p.m. and 2:00 p.m. to 4:30 p.m. in the office of City Clerk. Mr. Smith stated that the polling location is Argyle Elementary School and that the qualifying fee is $315.00 Councilman Hawkins made a motion to set April 24, 2001 through April 26, 2001, as the qualifying period for the Ward 1 election, with qualifying hours of 8:30 a.m. to 1:00 p.m. and 2:00 p.m. to 4:30 p.m. in the Clerk's Office at City Hall, the election date of June 19, 2001, at Argyle Elementary with a run-off date of July 10, 2001, if necessary with a $315.00 qualifying fee.' Councilman Scoggins seconded the motion. Ms. Joiner stated that in order to qualify for the election, the candidate must reside in Ward 1, be at least 21 years old and be of good moral character. Motion was approved 6-0. (C) Authorize Mayor to Execute Agreement to Agree to Join in Funding of Joint Training Center for Fire Department. Mr. Smith stated that this is a cooperative effort of all Cobb County cities, Cobb County and Paulding County to develop a burn training center at Dobbins Air Force Base in order to maximize resources. Councilman Lnenicka made a motion to authorize the Mayor to execute an agreement to agree to jointly fund I joint training center for firefighters, and Councilman Cramer seconded the motion. Motion was approved 6-0. (D) Authorize Mayor to Execute Agreement with Sizemore Floyd for Planning and Project Management Services for the Village Market. Mr. Smith stated that the purpose of this agreement is to employ Sizemore Floyd to direct the planning and project management services for the Village Market mixed use development. Councilman Wood stated that the City of Smyrna is currently negotiating with a developer to build a restaurant, retail/office and housing development in the downtown area and that this will be a public and private development. Councilman Wood made a motion to authorize the Mayor to execute agreement with Sizemore Floyd for planning and project management services for the Village Market, and Councilman Cramer seconded the motion: Motion was approved 6-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid Award —Traffic Signal —Village Parkway at Turpin Road. Councilman Scoggins stated that bids for the traffic signal at Village Parkway and Turpin Road were solicited from five vendors with one vendor responding and that funding from the One Percent Road Improvement monies will fund this signal. Councilman Scoggins made a motion to award the bid for the, traffic signal at Village Parkway and Turpin Road to ABCT Enterprises, bidder meeting specifications, for a total cost $54,500.00. Councilman Newcomb seconded the motion. Motion was approved 6-0. (B) Bid Award —Replacement Chassis for Mounted Combination Sewer Cleaner. Councilman Scoggins stated that bids for the replacement chassis for a mounted combination sewer cleaner were solicited from three vendors with one vendor responding. Councilman Scoggins made a'motion to award the bid for'the replacement chassis for a mounted combination sewer cleaner to Adams Equipment Company, bidder meeting specifications, for a Asa A.- 7 3 '4,;. April 16, 2001 total cost $219,850.00. Councilman Newcomb seconded the motion. Motion was approved 6- 0. CONSENT AGENDA: ; (A) Approval of April 2, 2001, Minutes. (B) Approval to Purchase on State contract one G.I.S. Stand Alone Computer Workstation. (C) Approval to Purchase 8 Mobile In -Car Video Cameras for SPD. Councilman Wood made a motion to approve the Consent Agenda, and Councilman Cramer seconded the motion. Motion was approved 6-0. COMMITTEE REPORTS: Councilman Wood recognized Ms. Bennett who reminded citizens of the Jonquil Jog, Jonquil Festival, and the Campbell High School art exhibit. Councilman Wood recognized Mr. Seigler who stated that the annual Friends of the Library dinner will be Thursday, April 19, 2001, and that Richard Kimball, Project Vote Smart President, will present a program on Tuesday, April 24, 2001 at 7:00 p.m. Mr. Seigler stated that Mr. Kimball is only visiting 2 libraries in the State of Georgia. Councilman Wood recognized Mr. Ciaccio who stated that Smyrna Night at the Braves will be Tuesday, May 1, 2001, and commended the facilities division for the fine job at Cobb Park. Mr. Ciaccio stated that there was a -very. successful, national Senior Aquatic training class held at the City of Smyrna's various facilities. Councilman Lnenicka congratulated Chief _Hook for his service on the national group of law enforcement. Councilman Lnenicka announced that Mr. Lonny Johnson, Super Soaker inventor and resident of Ward 6, was recognized by USA Today. Councilman Lnenicka congratulated Ms. Joiner on her retirement. Councilman Cramer recognized Mr. Corey who -announced the current job openings in the City of Smyrna. Councilman Cramer invited Mayor and Council to attend the Annual Administrative Support luncheon. Councilman Cramer sent condolences to the family of Cy Chapman who passed away this month. Councilman Cramer stated that he is continuing with Ward meetings and encouraged the neighborhoods to participate in a "Spring Clean -Up". Councilman Hawkins recognized Ms. Edgar who stated that the budget process is moving forward and that the watering ban is still in effect. Councilman Hawkins sent condolences to the family of Cy Chapman. Councilman Hawkins stated that it has been a privilege to work with Ms. Joiner and stated she has high moral character and that she will be missed. Councilman Hawkins wished Ms. Joiner the best of luck in the future. Councilman Scoggins recognized Ms. Kirk who encouraged everyone to participate in the Great American Clean -Up on Saturday, April 21" and thanked the sponsors of the Keep Smyrna Beautiful Awards Dinner. Ms. Kirk thanked the Latin American Association for the painting at Cobb Park and the Parks Department for planting trees at the Arboretum. April 16, 2001 Col Councilman Scoggins recognized Mr. Stokes who apologized for the delay of the sanitation notices and stated that there will be no trash or yard waste pick-up the week of May 28'. Mayor Bacon stated that on any weeks with holidays, there would be no trash or yard waste pick-up. Mr. Stokes stated that a detailed sanitation schedule was mailed in August. Mayor Bacon suggested that variations in the trash schedule be added to the web page and Charter Cable. Mr. Stokes stated that curbing is currently being added to Concord Road and that curbing will soon be added to Lexington Trace and Church Street. Councilman Scoggins commended Mr. Stokes on the operation of the knuckle boom truck. Councilman Newcomb recognized Mr. Miller who presented the building permit numbers for the month of March. Councilman Newcomb stated that the Community Development Committee is looking at the permitting of rental properties. Councilman Newcomb commended Mr. Hildebrandt for his certification on erosion and sedimentation control. Councilman Newcomb wished Ms. Joiner the best and thanked her for her responsiveness. Mayor Bacon wished Ms. Joiner many, happy years of retirement, and stated that she meant a lot to him. Mayor Bacon stated that he had the privilege of living down the street from Mr. Chapman and was one of the first people that he was able to vote for. Mayor Bacon stated that Dr. Aspes is recognized in People Magazine for giving away toothpaste in honor of Julia Roberts' recent Oscar win. Mayor Bacon stated that Jim Calvin, Executive Director of GMA who passed away recently, will be sorely missed. Mr. Smith stated the City is close to reaching an agreement with the developer of the Village Market. Mr. Smith stated that officials of the municipalities in Cobb County will be meeting with Cobb County officials regarding HB489. Mr. Smith stated that the Campbell Education Foundation raised between $8,000 and $10,000 in today's golf tournament. Mr. Smith stated that the new web page should be completed by July 1, 2000. Mr. Cochran stated that he will miss Ms. Joiner and that she has made his job a lot easier. Ms. Joiner thanked Mayor and Council for the opportunity to work with them and the wonderful citizens and employees of the City of Smyrna. April 16, 2001 7 ADJOURNMENT With no further business, the meeting adjourned at 8:56 p.m:- . A. MAX BACON, MAYOR CANDIS JOINER, CITY CLERK WARD I, VACANT RON NEWCOMB, WARD 2 .0: If < ovi 2,- .4 ILLS OGGIN , WA AMES M. HAWKINS, WARD 4 ACK CRAMER, WARD 5 64iL�.� 6t') . CHARLES PETE WOOD, WARD 7