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January 2, 1996 Council Meeting Januarv 2. 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. Also present was City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Director Ray Curtis, Police Chief Stan Hook, Library Director Michael Seigler, Community Relations Director Kathie Barton, Clean and Beautiful Coordinator Ann Kirk, Personnel Director Mary Ann White and representatives of the press. Invocation was given by Pastor Robin Hancox, pastor of International Gospel Outreach Church, followed ... by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Representative Randy Sauder who was present at the meeting. Mayor Bacon recognized Lillie Wood. Ms. Wood stated the "Friends of the Smyrna Library" wanted to present a Certificate of Appreciation to outgoing Councilman John Patrick for his support during his term of office of the Library and the "FOSL". Mr. Patrick accepted the certificate and thanked them for their thoughtfulness. Mayor Bacon stated the format of the agenda will be changed to allow for the administration of the oath to the new council members before action on any items can be taken. Mayor Bacon stated he had been advised by the City Attorney that this procedure would have to be done before proceeding with the meeting. Mayor Bacon wished outgoing Councilman Patrick the best of everything and expressed his appreciation for his years of service to the city and to Ward 1. NEW BUSINESS: (A) Introduction of Council Members ... (B) Oath of Office: Mayor (Judge Ken Nix) Mayor Bacon then asked Councilwoman-elect Charlene Capilouto to come to the podium. Mayor Bacon introduced Judge Ken Nix who administered the oath of office to the Mayor, Council members. (C) Recommendations and Approval of Appointed Positions Mayor Bacon then made the following recommendations: (a) City Attorney Mayor Bacon stated the law firm of Cochran, Camp and Snipes has been the city's law firm since the 1970's and recommended Charles E. Camp be appointed as the City Attorney. Councilman Hawkins made the motion to appoint Charles E. Camp as the City Attorney. Councilman Newcomb seconded the motion. Motion was approved 7-0. Judge Ken Nix administered the oath of office to Mr. Camp (b) Municipal Court Judge ..... Mayor Bacon recommended Michael Whaley be appointed as the Municipal Court Judge. Councilman Hawkins made the motion Mr. Whaley be appointed as the Muncipal Court Judge and Councilman Scoggins seconded the motion. Motion was approved 7-0. Judge Ken Nix administered the oath of office to Judge Whaley. (c) City Clerk Mayor Bacon recommended Melinda Dameron be appointed as City Clerk. Councilman Cramer made a motion Melinda Dameron be appointed as City Clerk and Councilman Wood seconded the motion. January 2, 1996 meeting - continued Motion was approved 7-0. Judge Ken Nix administered the oath of office to Melinda Dameron. (d) Solicitor Mayor Bacon recommended John Isom be appointed as Solicitor. Councilman Hawkins made a motion John isom be appointed as City Solicitor and Councilman Cramer seconded the motion. Motion was approved 7-0. ... Judge Ken Nix administered the oath of office to John Isom. Judge Nix then thanked the Mayor and Council for allowing him to administer the oaths of office to the city officials. OLD BUSINESS: PUBLIC HEARINGS: (A) Variance Request - Brake Land - 2271 Benson Poole Road - For an Oversized Sign Mayor Bacon stated this issue was tabled at the last meeting of Council. Mayor Bacon then stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance. There was none. Councilman Cramer asked the applicant, Robert Blankenship, to come forward. Mr. Cramer then stated Mr. Blankenship had submitted a letter requesting that this item be removed from the agenda and therefore no action is necessary on this item. (B) Variance Request - Brake Land - 2271 Benson Poole Road - To Increase Sign Height 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 none. ... Councilman Cramer asked the applicant, Robert Blankenship, to explain what his plans are for the existing sign. Mr. Blankenship stated there is an existing pole structure that was used by the previous occupants of the property. He stated they would like to use that existing pole structure but if they stay within the limits of the zoning they will have to lower the sign to a point that it would not be visible from South Cobb Drive. Councilman Cramer stated he had met with Mr. Blankenship and did not see any problem with the granting of this variance request. Councilman Cramer made a motion that the variance request for Brake Land at 2271 Benson Poole Road to increase the sign height from 35' to 40' be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (C) First Reading - Ordinance Amendment - Satellite Dish Ordinance - Appendix 1, Section 501.14 Mayor Bacon stated this is the first reading of the proposed ordinance amendment and asked if there was anyone present in opposition to the opposed amendment. There was none. Councilman Newcomb stated it is the recommendation of the Community Development Committee that the Mayor and Council consider the amendment to the Zoning Ordinance, Appendix A, Section 501.14. He stated this is only the first reading and therefore requires a second reading and a vote would not be taken until the January 16, 1996, meeting. He further stated it has been duly advertised (December 28, 1995, and again on January 4, 1996). He stated the current ordinance restricts satellite dishes to the rear yard and there is no proposal to change that for the large satellite dishes. Mr. Newcomb stated there is now a small (18") satellite dish that the city has received several requests for more flexibility in where these small dishes can be placed. He further stated that if this ordinance is passed it would allow satellite dishes in the rear yard as currently allowed and also would allow for mounting on the rear wall, rear side of the building or on the rear half of the roof. Mr. Newcomb stated the city has been advised if they do not provide greater flexibility they may run into some FCC regulations that guarantee people the ability to receive broadcast signals. He stated he feels this is a good compromise and since this is the first reading no action is required tonight. ...., January 2. 1996 meeting - continued The proposed ordinance amendment is copied below: 501.14 A direct Satellite System, DSS, including any structural supports is permitted as a conditional use, provided the following requirements are complied with: 1. A DSS Antenna is only permitted as an accessory use on a lot that contains a principal structure. ... 2. A DSS Antenna is only permitted in the rear yard or attached to the principal structure. 3. A DSS Antenna shall not have a radius larger than 18 inches in a residential district and 36 inches in a commercial district. 4. There shall be only one DSS Antenna per building or one DSS per tenant of a multiple tenant building. 5. The DSS Antenna shall not exceed four (4) feet vertically or horizontally from its mounting point for residential applications and shall not exceed seven (7) feet vertically or horizontally from its mounting point for commercial applications. 6. The DSS Antenna shall be of a color that will blend into its surroundings. (D) Privilege License - Agent Change Only - South Cobb Chevron - 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 privilege license request. There was none. ... Councilman Cramer asked the applicant, Mr. Vonica F. Smith, to come forward. Councilman Cramer asked Mr. Smith if he had received a copy of the city's ordinance pertaining to Alcoholic Beverage Licenses and Mr. Smith responded he had. Mr. Cramer cautioned Mr. Smith that the city conducts sting operations and not to sell to minors. Councilman Cramer noted for the record the Police Department investigation revealed nothing that would preclude the issuance of this privilege license to Mr. Smith. Councilman Wood asked Mr. Smith if he had been an agent before and Mr. Smith responded he had not. Mr. Wood then asked him if he understood the rules and procedures ofthe Alcoholic Beverage Ordinance and Mr. Smith responded he did. Councilman Wood then asked if Fatima Investments Corporation had a training program in effect and Mr. Smith responded they did. Councilman Lnenicka asked Mr. Smith approximately how many hours a week he worked at this location and Mr. Smith responded approximately 50-55 hours/week. Councilman Cramer made a motion the privilege license - agent change only - at South Cobb Chevron located at 2875 South Cobb Drive be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Extension of Apartment Moratorium - January 5, 1996 to July 5, 1996 ... Councilman Newcomb stated in early 1994 the Mayor and Council did a density study and found that the mix between apartments and owner-occupied dwellings in the Smyrna area was not a desire able mix and that in fact about 54% of the dwelling units in this area are apartments and the mix has become too biased toward apartments. He stated the negative effects of this mix have been discussed in the past. He stated the apartment moratorium was extended in July, 1995, to run through the beginning of this month with the expectation that the City and the County working together, each on their future land use plans, by this date have been finalized and the city could lift the moratorium with some confidence that the city had done all it could on the future land use plan to deal with the apartment situation. The city's plan is not finalized and the county's plan is also not finalized, so he proposed the extension of the apartment moratorium for another six months by which time the city will have finished its plan and submitted it to the Department of Community Affairs and will have finalized the joint workings with the county. Councilman Newcomb made a motion the apartment moratorium be extended six months - until the first week in July, 1996. Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. January 2, 1996 meeting - continued BID AWARDS: (A) Bid #95027 - Crown Victoria Sedan for Police Department Councilman Lnenicka stated the only bid received. After compairing State Contract prices it was determined that the City would be best served by accepting the bid from Wade Ford at $21,368.50. Councilman Lnenicka made a motion the bid for a Crown Victoria Sedan for the Police Department be awarded to Wade Ford. Councilman Cramer seconded the motion. Motion was approved 7-0. ..... CONSENT AGENDA: (A) Approval of December 18, 1995, Minutes Councilman Hawkins made a motion the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0. NEW BUSINESS: (F) Mayor's Appointments: Mayor Pro Tem, Chairman of Planning and Zoning Board, Parks and Recreation Commission, Clean City Commission, Housing Authority Mayor Bacon recommended that Jim Hawkins be reappointed as Mayor Pro Tem. Councilman Lnenicka made a motion Mr. Hawkins be appointed as Mayor Pro Tem. Councilman Wood seconded the motion. Motion was approved 7-0. Mayor Bacon recommended that Hubert Black be reappointed as Chairman of the Planning and Zoning Board. Councilman Lnenicka made a motion be appointed to serve as Chairman of the Planning and Zoning Board. Councilman Wood seconded the motion. Motion was approved 7-0. ..... Mayor Bacon recommended that Wayne White be appointed to serve as the Mayor's appointee on the Parks and Recreation Commission. Councilman Cramer made a motion Wayne White be appointed to serve as the Mayor's appointee on the Parks and Recreation Commission. Councilman Hawkins seconded the motion. Motion was approved 7-0. Mayor Bacon recommended that Ms. Joan Harding be appointed to serve as the Mayor's appointee on the Clean City Commission. Councilman Hawkins made a motion Joan Harding be appointed to serve as the Mayor's appointee on the Clean City Commission. Councilman Cramer seconded the motion. Motion was approved 7-0. Mayor Bacon recommended that Joe Bland be appointed to serve as the Mayor's appointee on the Housing Authority. Councilman Wood made a motion Joe Bland be appointed to serve as the Mayor's appointee on the Housing Authority. Councilman Cramer seconded the motion. Motion was approved 7-0. (G) Appointments to Planning and Zoning Board, Wards 1, 3, 5 and 6 Councilwoman Capilouto made a motion that Lana Chase be appointed to serve as the Ward 1 representative on the Planning and Zoning Board. Ms. Capilouto stated this appointment will fill her unexpired term and will expire in December, 1996. Councilman Newcomb seconded the motion. Motion was approved 7-0. ..... Councilman Scoggins made a motion that Mr. R. J. McCurry be appointed to serve as the Ward 3 representative on the Planning and Zoning Board. Councilman Hawkins seconded the motion. Motion was approved 7-0. Councilman Cramer made a motion that Jay Wallace be appointed to serve as the Ward 5 representative on the Planning and Zoning Board. Councilman Hawkins seconded the motion. Motion was approved 7-0. January 2, 1996 meeting - continued Councilman Lnenicka made a motion that Gina Bridges be appointed to serve as the Ward 6 representative on the Planning and Zoning Board. Councilman Cramer seconded the motion. Motion was approved 7-0. (H) Appoint Housing Authority Member - Ward 1 Councilwoman Capilouto made a motion that Ms. Jo Pate be appointed to serve as the Ward 1 representative on the Smyrna Housing Authority. Ms. Capilouto stated this appointment will fill her ... unexpired term and will expire in May, 1996. Councilman Hawkins seconded the motion. Motion was approved 7-0. (1) Appoint Parks and Recreation Commission Member - Ward 1 Councilwoman Capilouto made a motion that Carla Hodge be appointed to serve as the Ward 1 representative on the Parks and Recreation Commission. Councilman Cramer seconded the motion. Motion was approved 7-0. (J) Appoint Clean City Commission Member - Ward 5 Councilman Cramer made a motion that this appointment be tabled to a future meeting. Councilman Scoggins seconded the motion. Motion to table the appointment was approved 7-0. (K) Appoint Buildings Hearing Officer Mayor Bacon stated E. Alton Curtis has agreed to continue to serve as the Buildings Hearing Officer. Councilman Wood made a motion Mr. Curtis be reappointed to serve as the Buildings Hearing Officer. Councilman Cramer seconded the motion. Motion was approved 7-0. (L) Committee Assignments ... Mayor Bacon made the following committee assignments: Finance and Administration Committee/Public Relations Committee/Annexation Committee: Pete Wood, Chairman Ron Newcomb Wade Lnenicka Charlene Capilouto Human Resources Committee/Community Development Committee/Alcoholic Beverage License Committee: Ron Newcomb, Chairman Charlene Capilouto Pete Wood Court Services Committee/Historical Review Committee: Jim Hawkins, Chairman Jack Cramer Wade Lnenicka .... Parks and Recreation Committee/Library Committee: Charlene Capilouto, Chairman Bill Scoggins Ron Newcomb Police/Communications Committee: Wade Lnenicka, Chairman January 2. 1996 meeting - continued Jack Cramer Jim Hawkins Fire/Emergency Management Committee: Jack Cramer, Chairman Wade Lnenicka Jim Hawkins Public Works Committee/Smyrna Clean and Beautiful Committee: ..... Bill Scoggins, Chairman Pete Wood Charlene Capilouto CONSENT AGENDA: (A) Renewal of Concession Agreement - Fox Creek Golf Course Councilman Scoggins made a motion the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. Mayor Bacon recognized Congressman Bob Barr who was in attendance at tonight's meeting. Congressman Barr stated he was pleased to attend tonight's meeting and congratulated the incoming Mayor and Council on the beginning of their new term. Mayor Bacon thanked Congressman Barr for attending tonight's meeting and then Councilman Cramer presented him with a City of Smyrna lapel pin. Mayor Bacon then recognized Commissioner and Mrs. Joe Lee Thompson who were also in attendance at tonight's meeting. Mayor Bacon also recognized Fred and Mrs. Akin who were also in attendance as well as Victor Yankowski, candidate for a Cobb County Commissioner's office. ...., COUNCIL INPUT: Councilwoman Capilouto thanked the citizens of Smyrna for electing her to office and stated that she and former Councilman Patrick showed the citizens that a clean campaign race could still be run. Ms. Capilouto announced Ward 1 will be having a Town Meeting on January 23 at 7:30 p.m. at the Smyrna community Center. Ms. Capilouto stated she is looking forward to working with the Mayor and Council during her term of office. Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms. White announced the unexpected death of Mr. Thomas Singleton, the Recycling Center Attendant and extended condolences to the entire family. Councilman Newcomb stated he wanted to welcome Ms. Capilouto to the Council and stated he is looking forward to serving another four-year term and working with the other elected officials. Councilman Scoggins thanked the citizens of Ward 3 for allowing him to serve as their Councilman for another four years and stated he is looking forward to his next term of office. Councilman Scoggins stated he feels the citizens of Smyrna are now pulling together and working for the betterment of the community and he is proud of the accomplishments of the Mayor and Council. He then welcomed Ms. Capilouto to the Council. ....., Councilman Hawkins thanked the citizens for allowing him to serve them again and stated he is looking forward to the next four years. Councilman Cramer welcomed Ms. Capilouto to the Council and stated he feels the next four years will be great for the city and he thanked the citizens of Ward 5 for their support and confidence in him. Councilman Lnenicka extended his sympathy to the Singleton family on the recent death of Mr. Singleton. He also thanked the family and friends that were here tonight to see him receive the oath of January 2. 1996 meetin~ - continued office. He also thanked the citizens for their support during his terms of office and pledged to represent them to the best of his ability. He also welcomed Ms. Capilouto to the Council. Councilman Lnenicka announced there will be a Cedar Cliffs Neighborhood meeting at City Hall on Wednesday, January 17, at 7:00 p.m. He also stated his mother-in-law is in the hospital and he hopes she will be home soon. ... Councilman Wood stated there was a zoning tabled in December until the January 16 meeting - the Cooper Lake Road zoning. He welcomed Ms. Capilouto to Council and stated he is looking forward to the next four years. City Attorney Chuck Camp stated that nineteen years ago, when he was first appointed as City Attorney, the then Mayor stated if he had wanted someone appointed who would make "long winded speeches" he would have appointed Mr. Camp's partner; therefore, he stated he didn't have anything to say. City Clerk Melinda Dameron stated she was happy to be reappointed and is looking forward to working with Ms. Capilouto and the other members of the Mayor and Council. Mayor Bacon thanked everyone for corning to the meeting tonight and stated he is looking forward to the next four years. He especially thanked Congressman Barr for taking time out of his busy schedule to attend the meeting. With no further business, the meeting adjourned at 8:43 p.m. /~ A. MAX BACON, MAYOR ... '\ . CllDilil'-1- ~~J~ CHARLENE CAPILOUTO, WARD 1 ~~~~~~ ~~~ rZ~!l~ IliIIIII 1~~-,,-, !C4AIA~~ MELI DA DAMERON, CITY CLERK 'Y.., N/'A'n~~)~ RON NEWCOMB, WARD 2 ... .. .. CIVIL SERVICE BOARD CLERK I, Chris Corey, do solemnly swear that I will well and truly demean myself as Clerk of the Civil Service Board of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as Clerk of the Civil Service Board act as I believe for the best interest of the said City. So help me God. / ////2 C!;i' '~~U Chris Corey 7 Clerk of the Civil Service Board Subscribed and sworn to before me on this j(pe day of .;M4. , 1996. ~~ A. Max Bacon, Mayor ---