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November 1, 1999 Council Meeting November 1, 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. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorneys Chuck Camp and J. Al Cochran and representatives of the press. Invocation was given by Reverend Lee Delbridge, Smyrna Christian Church, followed by the pledge to the flag. .. CITIZENS INPUT: Mayor Bacon recognized Curt Johnston, School Board Representative, who introduced Ms. Crystal Force, teacher from King Springs Elementary School. Ms. Force stated the Character Education Program theme for the month is "citizenship" and introduced the following students, each of whom had won citizenship awards at their school: Bryan Williams, Diana Harper, Rachel Baines, Joshua Gallagher and Ann Do. Each student made a brief presentation pertaining to citizenship. Mayor Bacon thanked the students for attending the meeting and presented them with a gift bag. Mayor Bacon recognized American Legion Post 160 Commander Bill Brown and asked that Councilman Cramer read a proclamation in honor of Poppy Day. Ms. Betty Turley thanked the city for the proclamation on behalf of the Ladies Auxiliary Unit 160 and announced Ms. Joyce Ownby is the new incoming president for this year. Commander Brown thanked the city for their support of the American Legion Post 160. Mayor Bacon recognized Representative Randy Sauder who announced he will be seeking another term next year. Mayor Bacon thanked Representative Sauder for his continuing support of the City of Smyrna. Mayor Bacon reminded the citizens of election for Wards 2, 3, 5 and 7 tomorrow and urged everyone to vote. .. Councilman Cramer asked the citizens of Ward 5 for their support in the election tomorrow and stated he hoped they would return him to office. PUBLIC HEARINGS: (A) Variance Request - 1450 Whitfield Street - Reduce Rear Yard Setback from 30 Feet to 18 Feet Mr. Smith stated the applicant, Mr. Bennett Cohn, is requesting the variance in order to build a two-car garage on the side of 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 no opposition. Councilman Scoggins asked Mr. Cohn to briefly describe why he is requesting the variance. Mr. Cohn stated his home was built in 1927 and the house is located 21 feet from the rear property line. Mr. Cohn further stated the only logical place to build a garage is on the side of the house. Mr. Cohn stated the neighbors to the rear of the property have indicated they have no objection to the building of this garage. Councilman Scoggins made a motion to approve the variance request at 1450 Whitefield Street to reduce the rear yard setback from 30 feet to 18 feet. Councilman Wood seconded the motion. Motion was approved 7-0. ... (B) Variance Request - 3325 Fieldwood Drive - Lot 45 - The Heritage at Vinings - Reduce Front Yard Setback from 15 Feet to 12 Feet Mr. Smith stated Michael Clark of Heritage at Vinings is requesting the variance due to the house being placed three feet forward of the front setback line and the error was not discovered until three days before closing. Mr. Smith stated in order to modify this would render the garage unusable. 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 no opposition. November 1, 1999 council meeting - continued Councilman Lnenicka asked Mr. Clark to explain why he is requesting the variance and to briefly explain the situation. Mr. Clark stated normally their engineers check the footings at the time they are poured and if they discover any encroachments at that time the footings are altered. He stated for some reason they were not notified the footings were over the front setback line until the final survey was done which was three days before the closing. Mr. Clark stated to prevent this from happening in the future they will actually pin the footings once they are poured. Councilman Lnenicka stated the house is actually constructed and has been sold at this point and is not out of line with the adjacent homes on either side. Mr. Clark stated that visually you can not tell it is out of line. Councilman Lnenicka stated that although they are requesting a three-foot variance that according to measurements and surveys the variance is actually 1.8 feet. Councilman Lnenicka made a motion to approve the variance request at 3325 Fieldwood Drive, Lot 45, The Heritage at Vinings, to reduce the front yard setback from 15 feet to 12 feet. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilman Newcomb was away from the podium during the vote). ..., (C) Variance Request - 2405 Vinings Oaks Court - Lot 8 - Reduce Front Yard Setback from 35 Feet to 20 Feet Mr. Smith stated the variance is being requested due to the fill that would be required on this site and the developer feels this will not have a significant impact on the appearance of this small subdivision. Mr. Smith further stated all the other homes in this subdivision requested a similar variance but this lot was mistakenly omitted. 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 no opposition. Councilman Wood asked Mr. Franklin E. T. Thompson, the developer, to explain why the variance is being requested. Mr. Thompson stated in order to build the type of home which is consistent with the other homes in the subdivision it would be advantageous to have this home moved forward so there would be less fill and give additional space to the back yard. Mr. Thompson continued that all the other lots in the cuI de sac have been approved for this variance. Mr. Wood reminded the council this item was discussed at the October 4, 1999, council meeting and is a 1O-10t subdivision off Cooper Lake Road. Mr. Wood stated there are currently no finished, occupied homes in the development and basically this variance would make the lots consistent with the 20- foot front yard setback and moves the houses somewhat forward and leaves more space in the rear. Councilman Wood made a motion that the variance request at 2405 Vinings Oaks Court, Lot 8, to reduce the front yard setback from 35 feet to 20 feet be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. ...., (D) Alcoholic Beverage License Request (Owner & Agent Change) - Kwik Way Foods - 677 Concord Road - Retail Package Beer and Wine Mr. Smith stated this is an agent and ownership change and Mona International, d/b/a Kwik Way Foods has submitted an application for this retail package license. Mr. Smith further stated Mr. Barkat A. Dossani will be the agent for this establishment and has been given a copy of the Alcoholic Beverage Ordinance and it has been reviewed with him by the Business License Officer. Mr. Smith stated the Police Department investigation revealed nothing that would preclude the issuance of this license to Mr. Dossani. 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 Hawkins asked Mr. Dossani if he planned to change the Exxon signs at this location and Mr. Dossani responded he was not. Mr. Hawkins asked Mr. Dossani if he had every held an alcoholic beverage license before and he responded he had not. Mr. Hawkins asked Mr. Dossani what experience he had in the food/beverage industry and Mr. Dossani responded he worked three years in his brother's convenience store in Cartersville. Mr. Hawkins asked Mr. Dossani if he was the agent for alcoholic sales at his brother's store and he responded he was. Councilman Hawkins asked Mr. Dossani if he was familiar with the State laws and the city's ordinance pertaining to alcoholic beverages and if he felt he could abide by them. Mr. Dossani responded he was familiar with them and would comply. Councilman Hawkins encouraged Mr. Dossani to card every patron who came in the store to purchase alcohol and cautioned him the city does conduct sting operations from time to time. Councilman Hawkins stated for the record that Mr. Dossani has been investigated by the Smyrna Police Department and is a citizen of the United States, resident of the State of Georgia and has no criminal background and the report states there is no reason to preclude him from the issuance of this license request. Mr. Hawkins stated this site is already licensed and meets ..., November 1, 1999 council meeting - continued all distance requirements. Councilman Hawkins made a motion to approve the alcoholic beverage license transfer request to Mr. Barkat A. Dossani for Kwik Way Foods at 677 Concord Road for retail package beer and wine. Councilman Scoggins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Validate Petition to Annex Property - Intersection of Atlanta Road and Ridge Road (18.30 Acres) - Land Lots 669, 699 and 700, 17th District, 2nd Section, Cobb County Georgia .. Mr. Smith stated petitions have been received from seven property owners representing more than 60% of the land area in this 18.3-acre tract at the northwest intersection of Ridge Road and Atlanta Road. He stated Pulte Homes has submitted an application for rezoning of 17.2927 acres of this tract to facilitate development of a single-family subdivision. Councilman Lnenicka stated this property is under contract with Pulte Homes and they are proposing a 69-10t subdivision on this tract ofland. Mr. Lnenicka stated this will come before Council for annexation and rezoning on December 6, 1999. Mr. Lnenicka stated there will be two public meetings before December 6 - the Planning and Zoning Board meeting on November 8 at 6:00 p.m. and will then come before council on December 6 at 7:30 p.m. Councilman Lnenicka announced he will have a Ward 6 meeting at city hall in the Council Chamber on Thursday, November 18, at 7:30 p.m. Mr. Lnenicka stated the idea for this property is that it would be rezoned for a single- family neighborhood with the entrance to this property on Atlanta Road and located directly across from the entrance to Post Vinings Apartments; the overall density is just under four units/acre. Councilman Lnenicka made a motion to validate the annexation petitions for the below described property and set a public hearing date of December 6, 1999. Councilman Hawkins seconded the motion. Motion was approved 7-0. .. All that tract of land lying and being in Land Lots 669, 699 and 700 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: .. Beginning at a concrete right-of-way monument found at the northeasterly end of a mitered intersection where the southwesterly right-of-way line of Atlanta Road (Variable width R/W) intersects the northwesterly right-of -way line of Ridge Road (Variable width R/W); Running thence along said right-of-way line of Atlanta Road North 18 Degrees 51 Minutes 07 Seconds West a distance of 115.84 feet to a concrete monument found; Running thence along said right- of-way line of Atlanta Road North 21 Degrees 18 Minutes 32 Seconds West a distance of 45.51 feet to a concrete monument found; Running thence along said right-of-way line of Atlanta Road North 20 Degrees 55 Minutes 00 Seconds West a distance of 84.54 feet to The True Point of Beginning; Thence leaving said right-of-way line South 69 Degrees 06 Minutes 18 Seconds West a distance of 845.72 feet to a 1" open top found on the land lot line common to Land Lots 670 and 699 of said district and section; Running thence along said land lot line North 00 Degrees 03 Minutes 09 Seconds West a distance 436.35 feet to a Ih" rebar found and the land lot corner common to said Land Lots 669, 670, 699 and 700; Running thence along the land lot line common to said Land Lots 669 and 670 North 89 Degrees 52 Minutes 44 Seconds West a distance of 945.00 feet to a point: Thence leaving said land lot line North 00 Degrees 59 Minutes 12 Seconds East a distance of 299.47 feet to a 1/2" rebar found; Running thence South 89 Degrees 47 Minutes 41 Seconds East a distance of 299.11 feet to a 1 1,4" open top found; Running thence South 00 Degrees 36 Minutes 20 Seconds West a distance of 78.00 feet to a point; Running thence South 89 Degrees 56 Minutes 36 Seconds East a distance of 645.00 feet to a point located on the and lot line common to said Land Lots 669 and 700: Running thence along said land lot line North 00 Degrees 42 Minutes 28 Seconds West a distance of 79.16 feet to an angle iron found; Running thence along said land lot line North 01 Degrees 00 Minutes 27 Seconds East a distance of 512.50 feet to a point located on said southwesterly right-of-way line of Atlanta Road; Running thence along said right of-way line of Atlanta Road South 51 Degrees 19 Minutes 47 Seconds East a distance of 239.95 feet to a Ih" rebar found; Running thence along said right-of-way line of Atlanta Road South 51 Degrees 19 Minutes 07 Seconds East a distance of 114.39 feet to a point; Running thence along said right-of-way line of Atlanta Road South 51 Degrees 14 Minutes 38 Seconds East a distance of 38.95 feet to a point; Running thence along said right-of-way line of Atlanta Road and along the arc of a curve to the right a distance of 56.16 feet (said arc having a radius of 1858.45 feet and being subtended by a November 1, 1999 council meeting - continued chord bearing of South 46 Degrees 12 Minutes 03 Seconds East a distance of 56.16 feet) to a point; Running thence along said right-of -way line of Atlanta Road and along the arc of a curve to the right a distance of 164.14 feet (said arc having a radius of 1858.45 feet and being subtended by a chord bearing of South 42 Degrees 48 Minutes 17 Seconds East a distance of 164.09 feet) to a point; Running thence along said right-of -way line of Atlanta Road and along the arc of a curve to the right a distance of 103.64 feet (said arc having a radius of 1226.28 feet and being subtended by a chord bearing of South 34 Degrees 41 Minutes 13 Seconds East a distance of 103.61 feet) to a point; Running thence along said right-of-way line of Atlanta Road and along the arc of a curve to the right a distance of 53.68 feet (said arc having a radius of 1226.28 feet and being subtended by a chord bearing of South 31 Degrees 00 Minutes 42 Seconds East a distance of 53.68 feet) to a point; Running thence along said right-of-way line of Atlanta Road South 29 Degrees 45 Minutes 28 Seconds East a distance of 94.05 feet to a concrete right-of-way monument found; Running thence along said right-of-way line of Atlanta Road South 29 Degrees 27 Minutes 02 Seconds East a distance of 116.48 feet to a point; Running thence along said right-of-way line of Atlanta Road South 32 Degrees 10 minutes 12 Seconds East a distance of 118.46 feet to a 1" open top found; Running thence along said right- of-way of Atlanta Road South 27 Degrees 19 Minutes 22 Seconds East a distance of 144.54 feet to The True Point of Beginning. ...., COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid Award (Bid #99033) - Asphalt Services - Cobb Center Park Councilman Scoggins stated eleven bids were mailed with three responses and the low bidder was Athens/Atlanta Asphalt for the amount of $13,229. Councilman Scoggins made a motion to approve the bid award for asphalt services for Cobb Center Park to Athens/Atlanta Asphalt for Items 1 and 2 for a total cost of $13,229. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: ...., (A) Approval of October 18, 1999, Minutes (B) Approval of October 28, 1999, Minutes (C) Approval to Install Stop Signs at Intersection of Queensgate Drive and Kenway Place (at top of Hill) - 4-Way Stop Councilman Lnenicka made a motion to approve the Consent Agenda. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Mayor Bacon asked the citizens to provide feedback to city hall about the quality of the reception of the council meeting. Mayor Bacon reminded the citizens the election polls for Wards 2, 3, 5 and 7 will be open 7 a.m. to 7 p.m. tomorrow and encouraged everyone to vote. Councilwoman Capilouto stated she has also been receiving complaints about the sound quality of the televised council meetings. Councilwoman Capilouto encouraged everyone to vote for the candidate of his or her choice tomorrow. Ms. Capilouto stated in the forum held Thursday night, October 28, Mr. Newcomb mentioned the design and widening of Spring Road and the Spring Road Committee. Ms. Capilouto stated the Spring Road Committee started with Mollie Herrin who went around knocking on doors when she heard that the D.O.T. was going to widen Spring Road and put in a "suicide lane." Ms. Capilouto continued that Ms. Herrin got a group of people together and they had a meeting and Mr. Bill Carroll took 8.5" x 11" sheets of paper and scotch-taped them together and drew a design for Spring Road then called the Mayor and Council and requested a meeting. Ms. Capilouto stated that the Mayor then went to the Cobb D.O.T. with this plan and that is how the design was done. Ms. Capilouto stated this is another example of how this council and previous councils listen to the concerns and wants of the citizens of Smyrna. ...., November 1, 1999 council meeting - continued Councilman Newcomb reminded everyone of the election tomorrow and encouraged them to vote. Councilman Scoggins stated he feels the focus of this election is whether the citizens want to continue the growth that the city has enjoyed, lower taxes, etc., and he would like to ask the residents of Ward 3 to return him to office and allow him to serve the citizens of Ward 3 again. - Councilman Hawkins stated it is important that everyone vote their convictions tomorrow even though there is no opposition in either the Mayor's or Ward 4 race. Mr. Hawkins thanked the citizens of Ward 4 for allowing him to serve them for the past several years. Mr. Hawkins stated he will dedicate himself for the next four years with every effort as if he had had opposition and won a close race. Councilman Cramer reminded everyone that the Veterans Memorial Association of Smyrna, GA., Inc. will be meeting on Thursday, November 4, at 7:00 p.m. at the Smyrna Public Library. Mr. Cramer announced the polling place for Ward 5 is Belmont Hills Elementary School from 7 a.m. to 7 p.m. and asked the citizens for their support. Councilman Lnenicka announced that on November 11, Veterans Day, the Smyrna First United Methodist Church on Concord Road will host an event titled "The USO Show, an American Salute" beginning at 7 p.m. with displays and deserts at 6:30 p.m. Mr. Lnenicka announced the tickets will be $5 and the proceeds will go to support the Smyrna Veterans Association and the building of a Veterans memorial in the downtown area. Councilman Lnenicka again announced the Ward 6 meeting he will have on Thursday, November 18, at 7:30 p.m. at city Hall to talk about the Pulte rezoning request. Councilman Lnenicka announced the Cobb/Marietta Water Authority still has the outside watering ban in effect and project it will last until January. Councilman Lnenicka mentioned an article in today's Marietta Daily Journal about the All County Slow-Pitch Softball Team and stated a Ward 6 resident - Marla Shupert _ is one of the first team players. He extended his congratulations to her. Councilman Lnenicka stated he wished the best to all the candidates in this election and stated he was proud of the type campaign that has been conducted. Councilman Lnenicka stated he appreciates the residents of Ward 6 for allowing him to remain their representative on council. ... Councilman Wood recognized Dr. and Mrs. Capilouto who were in attendance for tonight's meeting. Mr. Wood announced that Larry Brissey is at home with some health problems and wanted him to know the city is thinking of him and expressed his appreciation for all the work Sue and Larry Brissey have done for the City of Smyrna. Councilman Wood stated it has been his privilege to serve the last eight years as the Ward 7 councilman and encouraged the citizens to vote tomorrow and asked for their support. Mr. Smith stated the city recently hosted a tour for representatives of several towns in Alabama and they were quite impressed with the city's downtown revitalization. Mr. Smith announced the Fall Jonquil Festival was a huge success; the Halloween on the Green was a first for the city and it was very successful. Mr. Smith stated there was a news story televised this evening regarding City Marshal Duke Roberts and the city's inmate work program. Mr. Smith stated the Mayor and Council agreed last week to allow the use of Flextime in the city in a number of departments and notices will be mailed to the citizens announcing the extended hours in service departments of the city. Mayor Bacon thanked the Parks and Recreation Department staff for the excellent job they did in the Halloween on the Green event held last weekend. ADJOURNMENT With no further business, the meeting adjourned at 8:45 p.m. -- November 1, 1999 council meeting - continued /d4-- A.MAXBACON,MAYOR .~ . (\ ' \\ ..t-~- 'lh(l{?~ ~ ~ '" lJ,~t \~ (J ~\J () CHARLENE CAPILOUT , WARD 1 ~4~~ BILL SCOGGINS, W Ma-6~ vJACK CRAMER, WARD 5 ~;?g~ CHARLES PETE WOOD, W~ \ MtItrIb [)4/J-'4M MELI DA AMERON, CITY CLERK "-:?a~ ~~ RON NEWCOMB, WARD 2 .... ..." ..." CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA CITY ELECTION HELD TUESDAY, NOVEMBER 2,1999 13,833 REGISTERED 1,426 VOTING We the duly appointed election Managers to conduct this election, declare the following results: WARD 2 WARD 5 FOR MAYOR: FOR MAYOR: A. MAX BACON (I) 271* A. MAX BACON (I) 272* .. FOR COUNCIL: FOR COUNCIL: BOB L. DAVIS 21 JACK CRAMER (I) 256 RON NEWCOMB (I) 300 JAMES ROYAL 62 WARD 3 WARD 7 FOR MAYOR: FOR MAYOR: A. MAX BACON (I) 141* A. MAX BACON (I) 547* FOR COUNCIL: FOR COUNCIL: EDDIE R. HEAD 38 CHARLES PETE WOOD (I) 554 W. H. (BILL) SCOGGINS (I) 121 MARK A. WOODS (TONY) 54 * Absentee votes for Mayor are not reflected in above totals. Total absentee votes for A. Max Bacon, Mayor, from Wards 2, 3, 5 & 7 45 We therefore certify to the Mayor and Council of the City of Smyrna, the election of: .. MAYOR: COUNCIL WARD 2: COUNCIL WARD 3: COUNCIL WARD 5: COUNCIL WARD 7: A. MAX BACON RON NEWCOMB WILLIAM H. SCOGGINS JACK CRAMER CHARLES PETE WOOD They have received a majority of the votes cast. , CHIEF MANAGER, WARD 2 , CHIEF MANAGER, WARD 3 , CHIEF MANAGER, WARD 5 , CHIEF MANAGER, WARD 7 ~d/b ~~ LINDA SMITH .- SUPERINTENDENT OF ELECTION (Jl1~-/tJ / tDtvn1-A.U~ MELINDA DAMERON CITY CLERK i 1-c:J--q~ (DATE) ..