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March 6, 1995 Council Meeting March 6, 1995 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 Bob Thomson, 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 Laurel Best, Parks and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. .... Invocation was given by Reverend Robert Bogart, pastor of Fellowship Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized the following citizens who came forward and spoke in favor of the School Bond Referendum that will be on the ballots in a special election March 21, 1995: Holli Cash, Paula Price, Steve Daniel, Matthew Drahn, student of Campbell High School, and Cobb County Board of Education member Anne Brady. Mayor Bacon then recognized Randy Sauder who came forward and gave a brief update on the current legislative session and urged anyone who needed to contact him about any matters to please call him. He then voiced his support of the School Bond Referendum scheduled for March 21. Mayor Bacon then recognized Chief Stan Hook who introduced two of his seven new officers who have completed their North Central Georgia Training Class Training. Chief Hook stated there were actually three new officers he would like to introduce but one was on duty and could not be present. He further stated there were four awards presented at the school and the Smyrna officers received three out of the four. Chief Hook then introduced Jon Carter, who received an award for the highest overall shooting average, and Richard Bistline, who received the Academic Award for having the highest academic scores in the class of thirty-five students. He also announced that Officer Bruce Parks, who could not be here tonight because he is on duty, was elected the Class President. .... Mayor Bacon then asked Councilman Newcomb to read a resolution. The resolution was in support of the School Bond Referendum and made a motion the resolution be adopted. Councilman Scoggins seconded the motion. Motion to approve the resolution was approved 7-0. PUBLIC HEARINGS: (A) Variance Request - 1295 Concord Road to Permit Retail Sales in L.C. Zoning Mr. Thomson stated Barbara Guzman, the applicant, wants to operate a gift shop at the location of 1295 Concord Road and states in her letter of hardship that she wants to sell gifts, inspirational items, and books if the variance is approved. Mayor Bacon asked Ms. Guzman to come forward and 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 Hawkins asked Ms. Guzman to briefly describe what she planned to do at this location. Ms. Guzman stated she wants to operate a retail sales shop that would have inspirational items, books, angels and a number of mediums -- consignment art, such as sculptures, fabrics, craft-type angels, inspirational music, offer a meeting place to groups that would like to use their conference room that would be available at this location. She stated they wanted very much to blend into the area. She also stated there are art stores, framing galleries and that sort of businesses in the area and they want to do their part to maintain the integrity of that particular area. .. Councilman Hawkins asked if this is the former location of a lawyer's office and Ms. Guzman responded that it was. Mr. Hawkins stated he has talked to Ms. Guzman about this variance request and has also talked with several of the neighbors in the area and it is the consensus a variance is the proper approach instead of asking for the property to be rezoned. He further stated the property is bordered on three sides by residential property and the residents would be concerned if the property were rezoned to General Commercial. Mr. Hawkins stated the applicant has a letter from Mr. Harold Flynn, who lives immediately north ofthe property, and he has no objections to the variance request. Mr. Hawkins stated he also has a letter from Ms. Gladden, of "To Have and To Hold" bridal shop and she has no objections to the business operating in the proposed location. Mr. Hawkins said he has also talked to Mr. Melvin Holloman who lives directly behind the business location and he indicated he does not have a problem March 6. 1995 meeting. - continued \~ith'th~r6~~i,n~ss operating at the proposed location. Councilman Newcomb stated he supported the variance request and wants it made clear in the record that this is a temporary variance request for as long as this particular business is in this location. Councilman Hawkins made a motion the variance request at 1295 Concord Road to permit retail sales in L.C. (Limited Commercial) zoning be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Variance Request - 1198 Falling Waters Drive to Permit a Satellite Dish on Roof -- Mr. Thomson stated the applicant, Mr. Fernando Ortiz, has installed a satellite dish on his roof and is requesting the variance so he can keep it. He further stated that in Mr. Ortiz' letter of hardship that Smyrna Cable does not have programs in Spanish and he put the dish on his roof so he would not have to' 'remove' a large pine tree. " ' Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the granting of this variance request. Mayor Bacon asked those present to come forward and be sworn in by the City Attorney. Mr. Ortiz, Mr. Curt Paschal and Mr. Bill Little came forward and were sworn in by Chuck Camp. Councilman Patrick stated that according to City Code the satellite dish can not be placed on the roof, it must be placed in the back area of the property and not to exceed 10' in height. Mr. Ortiz stated he did not realize he needed a permit to have the dish installed. He further stated it is already in place and the reason he had it installed was to allow his non-English speaking mother to be able to watch television programs in Spanish. He further stated he wanted to be in compliance with our laws and that is why he was requesting the variance. He also stated that he has talked to his neighbors and th,ey have no objections to his having the satellite dish. Councilman Hawkins asked Mr. Ortiz the name of the company that installed the satellite dish and Mr. Ortiz responded the company was Interface Technology. Mr. Hawkins stated he felt the company should have been responsible for obtaining all the required permits for the installation of the dish. Mr. Ortiz stated he had signed the contract and was not aware there was a clause in the contract that required him to obtain all necessary permits. ...., Mr. Bill Little, resident of the Falling Waters subdivision, stated the satellite dish is in violation of the restrictive covenants for the Falling Waters Subdivision and he objects to the installation of the dish as it is a violation of the neighborhood restrictive covenants. Mr. Ortiz responded that he was not aware of the restrictive covenants and he has obtained the signatures of his neighbors stating they have no objection to the satellite dish. . . Chief Building Official Scott Stokes stated the Code of Ordinances requires a satellite dish to be installed on the ground in rear yards only and it can not exceed 10' in height. Councilman Hawkins instructed Scott Stokes, Chief Building Official, to write the company that installed the dish and inform them satellite dish installation is covered by the Code of Ordinances and to send them a copy of the Ordinance and advising them the dishes can not be installed on roof tops. Mr. Curt Paschal, 1258 Ridgecrest Lane, spoke on behalf of Mr. Ortiz in support of the satellite dish. Councilman Patrick made a motion the variance request for the satellite dish to be installed at 1198 Falling Waters Drive be denied. Councilman Hawkins seconded the motion. Motion to deny the variance request was approved 7-0. -- (C) Variance Request to Exceed Square Footage Limit for Free-standing Business Sign - Kuppenheimer Men's Store 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. March 6. 1995 meeting - continued Mayor Bacon recognized Greg Hunter, representative for Kuppenheimer Men's Store, and asked him to breifly explain why they are requesting the variance. Mr. Hunter stated it is essential for the square footage of the free-standing business sign in order to allow space for a reader board that will allow them to promote sales at the store. He further stated they are also asking for a variance (Item 3-D) to move an existing sign 80 feet to a more visible location. Councilman Patrick made a motion the variance request to exceed the square footage limit for free- standing business sign at 2670 Cobb Parkway for Kuppenheimer Men's Store be approved. Councilman _ Newcomb seconded the motion. Motion was approved 7-0. (D) Variance Request to Move Second Business Sign to New Location for Kuppenheimer Men's Store Councilman Patrick made a motion the variance request to move the second business sign to a new location for Kuppenheimer Men's Store at 2670 Cobb Parkway be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. (E) Annexation of Property - 542 Pat Mell Road Mr. Thomson stated this is the final meeting at which the Mayor and Council will decided on the annexation request. Mayor Bacon asked if there was anyone present in opposition to the annexation of this property. There was none. Councilman Jack Cramer made a motion that the .28 acres in Land Lot 348 of the 17th District, 2nd Section, Parcel 108, Cobb County, be annexed into the City of Smyrna effective March 31, 1995, to become a part of Ward 5. The legal description is as follows: ... BEGINNING at the intersection of the southern right of way of Pat Mell Road with the common lot line of Land Lots 348 and 373;; thence westerly along said right of way of Pat Mell Road a distance 424.85 feet to a point, said point being the POINT OF BEGINNING; thence continuing along the southern right of way of Pat Mell Road a distance of 80.0 feet to a point; thence southerly a distance of 160.8 feet to a point; thence easterly a distance of 70 feet to a point; thence northerly a distance of 161.4 feet to the POINT OF BEGINNING. Councilman Hawkins seconded the motion. Motion was approved 7-0. (F) Proposed Charter Amendments (First Reading) Mr. Thomson stated the charter changes are pursuant to the Municipal Home Rule Act of 1965 and the public notice identifies the changes in the attached proposed Charter Amendments. Councilman Wood read the proposed the charter changes that are being considered by the Mayor and Council of the City of Smyrna. Mr. Wood stated this is the first reading of the proposed charter changes and the intent to eliminate obsolete and unnecessary verbage in the Charter. The amendments are available for review in the City Clerk's office. FORMAL BUSINESS: (A) Appointments to the Cluttered Carport/Yard Committee ... Councilman Newcomb stated the Mayor and Council had formed an ad hoc committee to meet and give input to the Mayor and Council. He further stated that each member of Council as well as the Mayor have submitted names of persons to serve on the Cluttered Carport/Yard Committee and the appointees are as follows: Ward 1: Carol Cowan Suzanne Mickey Ward 2: Jeannie Summerford Jess and Marian Wilhelm March 6. 1995 meeting. - continued Ward 3: Walt 'Henry Albert Mayes Ward 4: Al Graves Jack Strickland Ward 5: Evelyn Kent Ron Rice Jeannette Rutledge -- Ward 6: Lonnie Allen Holly A. Elmendorf Linda Ormond Price Weaver Ward 7: Larry and Sue Brissey Mayor's Appointees: Mollie Herrin Jesse and Marie Riley Councilman Newcomb made a motion that the appointees be approved to serve on the Cluttered Carport/Yard Committee. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Derby State Shows & Peachtree Rides - Crossings Shopping Center - 3240 South Cobb Drive Mr. Thomson stated Mr: John Guthrie is requesting to locate his carnival rides in the parking lot of the Crossings Shopping Center at 3240 South Cobb Drive. Mayor Bacon asked Mr. Guthrie to come forward and briet1y explain his request. Mr. Guthrie stated he hopes to set up some amusement rides at the Crossings Shopping Center on South Cobb Drive from March 15, 1995, to March 22, 1995. ...., Councilman Hawkins made a motion the temporary permit for Derby State Shows and Peachtree Rids at the Crossings Shopping Center at 3240 South Cobb Drive be approved. Councilman Cramer seconded the motion. Mr. Guthrie stated they give a percentage of the profits to the Scottish Rite Hospital. Motion was approved 7-0. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of February 20, 1995, Minutes (B) Approval to Use Council Chambers on March 23, 1995. (7:30 - 9:00 p.m.) for Ward 6 Meeting (C) Approval to Release RFP's for Water Line on Cooper Lake Road (D) Approval to Purchase Property at 1240 Bank Street Councilman Wood made a motion the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. .... COMMITTEE REPORTS: Councilman Wood stated there is no report from the Finance Department. Councilman Lnenicka stated there is no report from the Police Department. Councilman Lnenicka stated the signs went up today announcing that Ridge Road will be closed as part of the Atlanta Road widening project on the Atlanta Road end, the east end. in April. March 6. 1995 meeting - continued Councilman Cramer asked Mr. Ciaccio for a report from the Parks and Recreation Department. Mr. Ciaccio announced that on Sunday, March 12, from 2 - 4:00 p.m. there will be a beauty pageant at the Community Center. He also announced on St. Patrick's Day, March 17, the Parks Department will host a Leprechaun luncheon for pre-schoolers. Mr. Ciaccio then stated the Smyrna Little League asked him to comment on a remembrance ceremony of Christopher Glenn Blackburn on Sunday, March 12, 1995, at 1:00 p.m. at Brinkley Park. He further stated Mr. Blackburn had died of injuries received in a recent automobile accident and had played for Smyrna Little League in the late 1980's and on the All Star Team in 1988. ... Councilman Hawkins stated there is no report from the Fire Department but wanted to let everyone know the city has received their carbon monoxide tester and urged anyone who is a city resident and is concerned about carbon monoxide in their house and want it tested, please call the city. Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms. Kirk stated there is an empty chair on the front row tonight and that our thoughts and prayers are with Ms. Kathie Barton who is having surgery tomorrow. She stated everyone is wishing Kathie well. Ms. Kirk stated the residents will be receiving a sticker that can be placed on the lower right hand corner of their mailbox that will notify people distributing handbills that it is illegal for them to place those handbills on the mailboxes. She further stated a letter will be sent to the residents soon that will tell about the stickers and a copy of the Handbill Ordinance will also be enclosed. Councilman Scoggins read a letter of thanks to the Public Works Department from a citizen for their assistance in resolving a sewer back-up problem at their home recently. Councilman Newcomb asked Mary Ann White for a report from the Human Resources Department. Ms. White stated she wanted to send our prayers and love and support to Kathie Barton. Ms. White stated there were several openings in the city: Communications Operator in the 911 Center; Heavy Equipment Operator in the Public Works Department; Laborer II in the Parks and Recreation Department; and temporary positions for seasonal workers (lifeguards. swimming instructors) in the Parks and Recreation ... Department. Councilman Newcomb stated that the Corps of Engineers is still reviewing the proposal for Poplar Creek. He then stated the Cobb County Commission approved the concept design that was reviewed at the last public hearing with a couple of modifications. He said the principal modification was that west of Village Parkway there will be some breaks in the median to address some of the concerns of the businesses in that area. Councilman Patrick asked Laurel Best for a report from the Library. Ms. Best stated the art exhibit this month is from Linda Stewart and that in the glass display case there is an outstanding exhibit of antique cookbooks and kitchen implements. She also announced that March 7 is the scheduled Book Discussion Group meeting and the book is The Chosen by Chiam Potok. Mayor Bacon announced that on Saturday, March 4, 1995, at Pebblebrook High School, Ms. Melissa Keeney, student of Campbell High School, was chosen as Junior Miss Cobb County and the reason he mentioned that is she is his neice. With no further business, the meeting adjourned at 9:10 p.m. ... March 6. 1995 meeting. - continued /~ A. MAX BACON , MAYOR (~~~ &N PATRICK, WARD 1 J ~/ . // '-// 'LOrj~ {{d$zvJ JACK CRAMER, WARD 5 c~~~~ 1f~/~ II~./~ MELINDA DAMERON, CITY CLERK ----u." Jj~ ..... RON NEWCOMB. WARD 2 #}. ~ ..... .....