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December 19, 1994 Council Meeting December 19, 1994 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, Acting Finance Director Claudia Edgar, Assistant Public Works Director Ray Curtis, Police Chief Stan Hook, Library Director Laurel Best, Parks and Recreation Superintendent Doug Cook, Community Relations Director Kathie Barton, 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 Harris Fennell, pastor of Smyrna Assembly of God, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Charles Tanksley and Bette Goggans, candidates for the 32nd District Senatorial vacancy and announced there will be a run-off election January 3, 1995. Mayor Bacon recognized Sue Brissey, of Smyrna Clean and Beautiful who presented the Parks and Recreation Department, Facilities Division, the "Image Enhancement Award" for the beautification of the Church Street Senior Citizens' Center. Mayor Bacon recognized Frank Bradford, one of the unsuccessful candidates for the 32nd District Senatorial vacancy, who stated he is endorsing Bette Goggans for the senatorial election. PUBLIC HEARINGS: (A) Alcoholic Beverage License Request (Transfer) - Retail Package Liquor, Beer and Wine - Modi, Inc. D/B/A Spring Road Package Store - 1669 Spring Road Mr. Thomson stated Mr. Albert F. Turnell, III, has been given a copy of the alcohol beverage ordinance, and the business license officer has gone over the guidelines with Mr. Turnell. He further stated the ... Police Department investigation revealed nothing that would preclude Mr. Turnell from obtaining the license. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this alcoholic beverage license request. There was none. Councilman Scoggins stated Mr. Turnell has been the manager of the Spring Road Package Store for approximately one and a half years. Mr. Scoggins stated this is merely a transfer of the license due to new ownership of the business. Councilman Scoggins then asked Mr. Turnell if the business license department assisted him with the application. Mr. Turnell responded they had been very helpful. Mr. Scoggins then asked Mr. Turnell if he was aware the city conducts sting operations and Mr. Turnell responded he was aware of that. Councilman Scoggins made a motion the alcoholic beverage license request (transfer) for retail package, liquor, beer and wine at Spring Road Package Store, 1669 Spring Road, be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Alcoholic Beverage License Request - Retail Package, Beer - Five Point Food Store - 1649 Roswell Road Mr. Thomson stated Mr . Young Sik Hahm has been given a copy of the alcoholic beverage license ordinance and the business license officer has gone over the guidelines with him. He further stated the ... Police Department investigation revealed nothing that would preclude the issuance of this license. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this alcoholic beverage license request. There was none. Councilman Scoggins stated this has been a previously licensed location for the last three to four years and Mr. Hahm owns the shopping center in which this business is located. He further stated that Mr. Hahm will be operating this store himself and will be the manager. December 19, 1994, meeting. - continued Councilman Scoggins made a motion the alcoholic beverage license request for retail package, beer, at the Five Point Food Store, 1649 Roswell Road, be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Variance Request - 2122 Kennesaw Way - To Build An Oversized Accessory Structure Mr. Thomson stated Mr. Joe Mull is requesting this variance in order to build a 20' x 20' garage which is approximately 125 feet larger than allowed by the code. 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 stated this item was continued from the December 5, 1994, meeting and asked Mr. Mull to briefly explain what he plans to do and why he wants to build this structure. Mr. Mull stated he needs the additional space to house his vehicles and store miscellaneous equipment. He then stated the paperwork did state he was requesting to build a 20' x 20' building but would like to request he be allowed to build a 20' x 24' structure and is also requesting the side yard setback be reduced from 10 feet to 5 feet. Mr. Mull presented a letter from his neighbor stating they had no objection to the building. Councilman Cramer made a motion the variance request at 2122 Kennesaw Way to build an oversized accessory structure (20' x 24') and to reduce the side yard setback from 10 feet to 5 feet be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (D) Variance Request - 489 Windy Hill Road to Have Multiple Buildings on One Lot Mr. Thomson stated H. O. Graham is requesting a variance in order to build a 75' x 40' x 20' high garage at 489 Windy Hill Road. He further stated the applicant presently has an office in one building and a garage in another building and this will be a new building with the currently existing garage being used as a welding shop and if approved the property will have three buildings on one lot. 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 Mr. Graham to briefly explain what his plans for the property were and why he wants to build this garage. Mr. Graham stated he is a water and sewer contractor and needs to expand his current location. Councilman Cramer made a motion the variance request at 489 Windy Hill Road to allow multiple buildings on one lot be approved. Councilman Patrick seconded the motion. Motion was approved 7-0. (E) Variance Request - 1439 Spring Street to Reduce the Front Yard Setback from 40 Feet to 27 Feet Mr. Thomson stated Mr. John W. Edmondson is requesting this variance in order to allow him to extend his existing front porch one foot and 8 inches towards the street. 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 Scoggins stated the applicant is planning to extend his front porch a total of twenty inches toward the street and plans to have his steps lead to his driveway. Councilman Scoggins made a motion the variance request at 1439 Spring Street to reduce the front yard setback from 40 feet to 27 feet be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. -- (F) Variance Request - 980 Concord Road to Permit Retail Sales in L.c., Limited Commercial Zoning Mr. Thomson stated Diana Moore has requested a variance to allow her to operate a bridal service and complete catering service at 980 Concord Road. December 19, 1994, meeting - continued 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 Hawkins asked Ms. Moore to briefly tell the council what she plans to do at this business location and why the variance is necessary. Ms. Moore responded the business will primarily be a bridal store n not necessarily attire but mostly the floral, invitations, etc. -- and will involve retail sales. Mr. Hawkins stated the current zoning for this location is limited commercial and stated Concord Road is a mixture of limited commercial and retail sales zoning classifications and he does not feel this is out of context with the way the street is developing. Councilman Hawkins made a motion the variance request for 980 Concord Road to permit retail sales in L.C. zoning be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (G) Annexation of Island on Camp Highland Road Mr. Thomson stated the annexation has been advertised and the public hearing was scheduled tonight for the unincorporated pockets in this area. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposItIon to the annexation of this island. Mayor Bacon stated those who were present and wanted to speak either in favor of or in opposition to the annexation needed to come forward and be sworn in. Mr. Charles Sullivan, 4531 Camp Highland Road; Wylie Wall, 4900 Argo Road; Harry Howard, 4521 Camp Highland Road; W. R. Holsomback, 4630 Lake Road; Mitchell Greeson, 3860 Ridge Road; and Jerry Dorsey, 4625 Lake Drive, all spoke in opposition to the annexation stating they did not need the services provided by the city as they are all closely located to Cobb County police and fire stations as well as a branch library and were opposed to the increase they will have in their taxes. Mr. Greeson presented a petition to the council with over one hundred signatures opposing forced annexations and requested them not to pursue annexations in the Ridge Road area. The petition was presented to the City Clerk. -- Councilman Newcomb stated there were eight pieces of property that were to be annexed, some of the parcels being vacant property. He also stated that of the eight parcels, three persons actually live in the affected area; one lives in Woodstock, Georgia; one lives in Waco, Georgia; one lives on Windsor Drive in Smyrna (outside the city limits), and one lives on Moore's Mill Road, Atlanta, Georgia. Mr. Newcomb stated the main reason for the annexation is the matter of equity and jurisdictional purposes and further stated there are literally neighbors across the street who receive city services. Mr. Newcomb further stated the annexation of this property would enable the city to have input regarding the development of the property with the completion of the East-West Connector. Councilman Lnenicka asked Ken Hildebrandt to come forward and verify that Mr. Sullivan's property meets the definition of an island. Mr. Hildebrandt responded the property in question is surrounded on the south, east and west by property within the city of Smyrna and on the north the property is bounded by Camp Highland Road, which is a city street. Councilman Wood asked if the total acreage in the proposed annexation area is less than fifty acres and Mr. Hildebrandt responded it was. .. Mr. Lnenicka stated it was not his desire to have the East-West Connector dead-end into South Cobb Drive and dump thousands of cars a day into Smyrna, which will have a very negative impact on the city. He further stated he had met with Commissioner Joe Lee Thompson on December 16, 1994, and was told the county expects to have the permits from the Corps of Engineers in order to allow them to get approval to begin the project. He also stated once the county receives the permits, the county plans to begin the project immediately. He then stated it was the city's desire to protect the people who live in that area from unwanted types of development along the East-West Connector. Councilman Newcomb made a motion the annexation of the unincorporated island on Camp Highland Road pursuant to a.e.G.A. 36-36-92, subject to approval by the U. S. Justice Department, to be effective December 31, 1994, be approved and made a part of Ward 6. Councilman Cramer seconded the motion. Motion was approved 5-2 with Mr. Patrick and Mr. Scoggins opposed. December 19, 1994, meeting - continued FORMAL BUSINESS: (A) Appointments to Economic Development Incentive Advisory Committee Councilman Vlood stated the council adopted an Economic Development Incentive Ordinance which was intended to assist both residential and commercial growth in the city of Smyrna. He further stated the first priority is the retention of existing businesses and rehabilitation of areas that need it, the city must also seek ways to encourage economic growth to expand the tax base and relieve the burden on the residential tax payers. He further stated that part of the Ordinance called for the establishment of an Economic Development Incentive Advisory Board consisting of representatives from the Smyrna Business Association, citizens appointed by the Mayor and Council, representing all areas of the city. He further stated the purpose of the board will be to help the city develop guidelines and requirements for the incentives and to establish what the incentives should be and how they will apply; to whom they would apply, etc. The appointed members of the board are as follows: Ward 1 - Gloria Bradberry; Ward 2 - Peter Stelling; Ward 3 - Mickey Gamble; Ward 4 - Bill Harvil; Ward 5 - Ken Lindsey; Ward 6 - Ed Harless; Ward 7 - Rowland Davidson; members at large - Larry Freeman and Curt Johnston. ..., (B) Ordinance Amendment - Junked Material on Carports Mr. Thomson stated the Community Development Committee recommended the original ordinance be amended to clarify several issues. Councilman Newcomb stated the proposed ordinance amendment would better define what should or should not be stored on individual carports. He further stated the wording of the ordinance still needs to be better defined. Mr. Newcomb stated he felt this issue should be tabled for approximately 45 days and have each councilman and the Mayor appoint someone from their wards or the city at large to meet with the Community Development Committee and review the wording of the ordinance. Councilman Newcomb then made a motion to table the junked material ordinance and appoint the committee. Mayor Bacon recognized John Fenner, 1125 Pinedale, who stated he felt the language in the ordinance should be changed. -- Mayor Bacon then recognized A. L. Graves, 1079 Pinehurst Drive, who stated he was disappointed he had not received a notice of aWard 4 meeting that was held on Saturday, December 17, and felt the ordinance was written without any public input allowed. Councilman Scoggins seconded the motion to table the ordinance pertaining to junked material. Motion was approved 7-0. (C) Ordinance Amendment - Temporary Signs - Time Period and Distance Requirements Mr. Thomson stated this ordinance would increase the maximum time limit for temporary signs that would be more restrictive -- 60 day time period per 365-day period. Councilman Newcomb stated he would like to discuss Items 4-C and 4-D at the same time. He further stated in the past, a business could actually receive a sign permit and leave the sign displayed for the entire year. He stated these ordinances will restrict the length of time the signs can be displayed and changes the fee structure for signs as well. Councilman Newcomb made a motion that the Ordinance amendment - Temporary Signs - Time Period and Distance be approved to become effective January 1, 1995. Councilman Hawkins seconded the motion. Motion was approved 7-0. (D) Ordinance Amendment - Prohibited Signs - Fees ..." Councilman Newcomb made a motion the Ordinance amendment - Prohibited Signs - Fees to be effective January L 1995, be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (E) Ordinance Amendment - Handbill Distribution Mr. Thomson stated the Community Development Committee had found an ordinance that would take a look at removing the unwanted handbills that are placed on automobiles and mailboxes without permIssIOn. December 19, 1994, meeting - continued Councilman Newcomb stated this item is an ordinance that will limit the distribution of handbills (commercial advertisements). Mr. Newcomb stated these handbills generally end up being on the ground creating a nuisance to the city. He further stated if an individual does not mind handbills being attached to their mailboxes, it will be up to them. He stated a small decal with the word "Handbill" and the universal symbol striking through the word will be mailed to each water customer. He further indicated if the resident does not wish to have handbills left at their homes, they simply need to apply this sticker to the front face of their mailbox thus making it illegal for companies to leave handbills at that address. ... Councilman Newcomb made a motion the ordinance amendment prohibiting handbill distribution be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (F) Appointment to Clean City Commission - Ward 6 Councilman Lnenicka made a motion that Commission member for a two-year term. approved 7-0. Sims Hawkins be appointed as the Ward 6 Clean City Councilman Cramer seconded the motion. Motion was (G) Appointment to Planning and Zoning Board - Ward 1 Councilman Patrick made a motion that Charlene Capilouto be appointed to serve as the Ward 1 representative on the Planning and Zoning Board. Motion was seconded by Councilman Newcomb. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Hargrove Road Mini-Warehouse Mr. Thomson stated the permit is for a four-story mini-warehouse with an estimated cost of construction $3.6 million and will be located between the Quik Trip and the Residence Inn and at this time they are requesting a foundation permit only. .. Councilman Patrick made a motion the Hargrove Road Mini-warehouse building permit be approved. Councilman Newcomb seconded the motion. Motion was approved 6-1 with Mr. Lnenicka opposed. Councilman Wood stated for the record the Residence Inn supported the building of this mini-warehouse as well as some of the other nearby businesses. He further stated it will be one four-story building and not a mini-warehouse complex. Chief Building Official Scott Stokes requested permission to add an item 5-B to the agenda. Councilman Lnenicka made a motion to suspend the rules to allow the addition of item 5-B. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Temporary Building Permits (3) - Covered Bridge Emissions Mr. Stokes stated Covered Bridge Emissions is requesting three temporary building permits for their locations on Atlanta Road (near the Crown Station); one at the old Crown Station on Spring Road and one at the Jonquil Plaza location. Mr. Stokes stated these have been previously approved. Councilman Lnenicka made a motion to approved the temporary building permits for Covered Bridge Emissions be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. BID AWARDS: .. There were none. CONSENT AGENDA: Councilman Lnenicka made a motion to suspend the rules to allow for the addition of Item 7-D under the Consent Agenda. Councilman Hawkins seconded the motion. Motion was approved 7-0. Councilman Lnenicka then stated he would like to add as Item 7-D a follow-up to the rezoning at 1921 Cooper Lake Drive that was approved at the December 5, 1994, meeting. He further stated that the zoning was changed to RAO-Conditional and the Future Land Use designation should have been changed December 19, 1994, meetin~ - continued at that time. He then stated Item 7-D would be to change the Future Land Use Designation at 1921 Cooper Lake Drive from High Density Residential to Low Density Residential. Councilman Newcomb seconded the motion. Motion was approved 7-0. (A) (B) (C) (D) Approval of December 5, 1994, Minutes Approval to Reduce Speed Limit on Fleming Street from 35 MPH to 25 MPH Approval to Request Bids for Self-contained Breathing Apparatus (Fire Department) Changt: the Future Land Use Designation for 1921 Cooper Lake Drive from High Density Residential to Low Density Residential. .- Councilman \\lood made a motion to approve the consent agenda. Councilman Cramer seconded the motion. Motion was approved 7-0. Mayor Bacon wished all the citizens and employees of the City of Smyrna a Merry Christmas and a Happy New Year. He also thanked the members of the various appointed boards and commissions for their work during the year and wished them a happy holiday season. COMMITTEE REPORTS: Councilman Patrick asked Laurel Best for a report on the Library. Ms. Best invited everyone to come see the art display for December. The art display is Student Art and the work was done by students at Teasley Elementary, Brown Elementary and Griffin Middle School and stated that the snowmen the kindergarten children did were wonderful. Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms. White thanked the Mayor and Council on behalf of the city employees for the gift certificate from Bruno's. She then stated there is a job opening for two part-time laborers in the Parks and Recreation Department and the closing date is December 30, 1994. Councilman Newcomb stated he and Mr. Hildebrandt had met with residents of the Poplar Creek area and that there will be another public hearing on the Spring Road widening project in January. -- Councilman Scoggins asked Kathie Barton for a report on Community Relations. Ms. Barton stated the annual report will be published in ] anuary and stated there is a publicity slide being shown in the Galleria theaters promoting Smyrna. Councilman Scoggins asked Ann Kirk for a report on Smyrna Clean and Beautiful. Ms. Kirk expressed her appreciation to the fifty girl and boy scouts who decorated the outdoor habitat tree in Centennial Park on Saturday morning. Ms. Kirk reported the Christmas tree recycling program will be January 7, 1995, at the Cumberland Parkway Home Depot from 9:00 a.m. to 4:00 p.m. She further stated if residents could not wait until January 7 to dispose oftheir Christmas trees, they can take them to the Public Works Complex between the hours of 8:00 a.m. to 4:00 p.m. - Monday through Friday. She also announced the Recycling Center will be accepting phone books for recycling for the next few months. Councilman Scoggins wished everyone a Merry Christmas and Happy New Year. Councilman Hawkins wished everyone a Merry Christmas and Happy New Year. Councilman Cramer asked Doug Cook for a report on the Parks and Recreation Department. Mr. Cook thanked the Smyrna Clean and Beautiful for the plaque presented to them for the beautification effort at the Church Street Senior Citizens' Center. He also expressed his appreciation to the Public Works Department for their assistance during the projects the Parks Department has just completed. Mr. Cook also reported the Smyrna Athletic Association will be hosting a basketball fund-raising event to be held December 28 and 29 and for more information the SAA should be contacted at 974-2879. ."." Councilman Cramer expressed his appreciation to the residents of Ward 5 for their accomplishments this past year and wished everyone a happy and safe holiday season. Councilman Lnenicka stated Chief Hook hired eight new police officers last week and they are out working which will be a big asset to the city. Councilman Lnenicka thanked everyone for their cooperation during this year and wished everyone a Merry Christmas and happy holidays. December 19, 1994, meeting - continued Councilman Wood asked Acting Finance Director Claudia Edgar for a report on the Finance Department. Ms. Edgar reported the new billing process for the business licenses is on schedule and all the statements will be mailed by the middle of January with a due date of April 1, 1995. She further stated the audit process is complete and the Comprehensive Annual Finance Report (CAFR) is being printed and it should be available within a couple of days. Councilman Wood announced the Covered Bridge has been re-opened. He then wished everyone a Merry Christmas and a happy and prosperous New Year. ... City Attorney Chuck Camp wished everyone a happy and safe holiday season. ~{4.it l}4.~i I--' ~#" A.ti'-.-/ MELINDA DAMERON, CITY CLERK A. MAX BACON , MAYOR .~b...j ;JJ<. WC~ t RON NEWCOMB, WARD 2 .. Ljl~~ L AMES M. HAWKINS, WARD 4 iJzA~~ WADE S. LNENICKA, WARD 6 ~a-o~ CHARLES PETE WOOD, WARD ..