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November 21, 1994 Council Meeting November 21, 1994 The regular scheduled meeting of Mayor and Council was held November 21, 1994, 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 Jim Triplett, Assistant Public Works Director Ray Curtis. Police Major Kent Sims, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathie Barton, Clean and Beautiful Coordinator Ann Kirk, Personnel Officer Chris Corey, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. _ Invocation was given by Richard Hemphill, pastor of Trinity Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized the candidates for the 32nd District Senatorial special election to be held December 13, 1994 -- Charlie Tanksley, Bette Goggans and Frank Bradford. All candidates urged all citizens to vote in this election and thanked the Mayor and Council for the opportunity to address the citizens tonight. Mayor Bacon recognized Randy Sauder, representative-elect for the 29th House district, who expressed his appreciation to those who supported him in the November 8, 1994, election. PUBLIC HEARINGS: (A) Variance Request - 1195 Hill Street - To Build an Oversized Garage Mr. Thomson stated Leonard Spencer is requesting this variance in order to rebuild his old garage which was destroyed by an oak tree which fell on the garage. He further stated Mr. Spencer would like to build a 12' x 30' garage which would be 60 square feet larger than allowed by the city ordinance. ... Mayor Bacon asked Mr. Spencer to come forward and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Scoggins asked Mr. Spencer to briefly explain what had happened to the previous garage. Mr. Spencer responded that a huge oak tree had fallen in March of 1993 and demolished the garage. He also stated he is cleaning up the property and is in the process of rebuilding the garage. Mr. Spencer stated the old garage was 12' x 29' and the new garage would be 12' x 30'. Mr. Scoggins reported that there were letters from the adjoining property owners stating they have no objections to the building of this garage. Councilman Scoggins made a motion the variance request at 1195 Hill Street to build an oversized garage be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Variance Request - Heritage Pavilion to Reduce the 50 Foot Buffer to 0 Feet Mr. Thomson stated the applicant has entered into a joint easement agreement with the owners of Heritage Pointe Apartments to share a driveway and only affects the property between the above mentioned land owners and has no affect on anyone else and will reduce the buffer to 0 feet. Mayor Bacon asked Doug Gargess to come forward and asked if there was anyone present in opposition to the granting of this variance request. The following Falling Waters residents came forward -- Lana Chase, Steven Cantrell, Sandra Ferris, Ed Cunningham and Teresa Anderson came forward in opposition to this variance request. All were sworn in by City Attorney Charles E. Camp. __ Mr. Gargess stated during the proceedings involving the acquisition of Phase I of Heritage Pointe by Stan Thomas, the original Heritage Pointe comprised some thirty acres. He further stated that when HUD elected to sell the 20-acre parcel to the city and subsequently sold to Mr. Thomas, it required them to split an existing apartment community. He also stated that once this was done, Mr. Teague, who purchased the Phase II portion which will remain apartments, came to them with a great concern about access. He further stated Mr. Teague had indicated he would like to work with them in the reduction of the buffer area if they would share the driveway. Mr. Gargess indicated they were in agreement with this because it would provide better traffic control and they discovered it would reduce the buffer area significantly in order to get the buildings necessary to make their project viable. He indicated the plan presented tonight is in the best interests of the community and will allow the best access for both projects. November 21, 1994, meeting - continued Councilman Cramer asked ifthis would provide easier access for deliveries. Mr. Gargess responded that it would and basically they would be allowing Mr. Teague's property to use the rear access. The residents from the Falling Waters subdivision all expressed concern about the removal ofthe existing hardwood trees on the back section of the property adjacent to their homes and also expressed concern that the fence (buffer) erected between the properties may be encroaching on their property. Mayor Bacon his office would schedule a meeting with Mr. Gargess, Stan Thomas and the residents to talk about the areas of concern expressed by the residents here tonight. Mayor Bacon also stated he and Councilman Patrick would be happy to facilitate that meeting. ..... Mr. Gargess stated to the citizens who had voiced concerns that they certainly respect their concerns and if any property rights had been violated, they have every intention of working with them and will be glad to meet with all concerned. He further stated they did not want to be bad neighbors and if their people have done anything incorrectly, it was done unknowingly and without malice, and would like to have the opportunity to correct that. Mr. Gargess stated the variance applied for tonight has nothing to do with the property problems expressed by the citizens present tonight. The variance applied for tonight is only for the property between the remaining apartment complex and the new shopping center. Councilman Patrick made a motion the variance request at Heritage Pavilion to reduce the 50 foot buffer to 0 feet be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. (C) Variance Request - Heritage Pavilion to Allow Two Buildings on One Lot Mr. Thomson stated the applicant wants to build a 9000 square foot free-standing restaurant at the intersection of Cobb Parkway and Hargrove Road. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance. There was none. ..... Councilman Patrick made a motion the variance request to allow two buildings on one lot be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. Mr. Gargess stated this variance is necessary to allow China Coast Restaurant to build at the Heritage Pavilion Shopping Center and their contract was contingent on them having a free-standing building. (D) Variance Request to Exceed Allowable Number of Free Standing Signs at Heritage Pavilion Mr. Thomson stated the variance is requesting an additional free-standing sign which will be eight feet in height and have a copy area of approximately fifty square feet and will be erected in the Heritage Pavilion Shopping Center predicated on the approval of the previous variance request. 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. Mr. Gargess stated the sign will be in the general area of the northeast corner of the property and in front of the China Coast restaurant and close to the sign for the shopping center. Mr. Gargess also stated that neither of the signs will be on the city's right of way and would not create a traffic hazard. Councilman Patrick made a motion the variance request to exceed the allowable number of free standing signs at Heritage Pavilion be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. ..., (E) Zoning Request - International Gospel Outreach Church - From H.I. to GC Mr. Thomson stated International Gospel Outreach Church is requesting the rezoning of the southern 3 plus acres of the property they own at the northeast intersection of Windy Hill Road and Dixie Avenue from Heavy Industrial to General Commercial. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting November 21, 1994. meeting: - continued of this zoning request. There was none. Councilman Scoggins asked Eugene Maxwell, architect for the church, to come forward. Me. Maxwell stated Reverend Robin Hancock is out of town until December 5 and the purpose of the rezoning is to allow 3 of the 11.76 acre tract to be rezoned from H.I. to G.C. for the church. Me. Lnenicka asked how large the church will be and Me. Maxwell responded 18,436 square feet and the estimated construction cost will be $1.2 million or $1.3 million and construction would begin as soon _ as Reverend Hancock returns and should be a very nice building. Councilman Scoggins made a motion the rezoning request for the International Gospel Outreach Church property at 2930 Windy Hill Road at Dixie Avenue from H.I. to G.C. be approved. Motion was seconded by Councilman Lnenicka. Motion was approved 7-0. FORMAL BUSINESS: (A) Bid Opening (94019) - Full Vending Services for City of Smyrna Mayor Bacon asked if there were any bids in audience. There were none. One bid was received and Jim Hawkins opened it. The bid was from Old Fashioned Foods and they submitted "No Bid." No action was necessary since no bid was submitted. (B) Bid Opening (94020) - Pickup Truck for Parks and Recreation Department Mayor Bacon asked if there were any bids in the audience. There were none. One bid was received from South Lake Ford. Councilman Cramer opened the bid and read the bid amount of $13,902. Councilman Cramer made a motion the bid be turned over to the Parks and Recreation Committee for review and a full recommendation back at the next meeting. Councilman Hawkins seconded the motion. Motion was approved 7-0. -- (C) Bid Opening (94021) - Ford Crown Victoria for Parks and Recreation Department Mayor Bacon asked if there were any bids in the audience. There were none. One bid was received from South Lake Ford. Councilman Cramer opened the bid and read the bid amount of $16,710. Councilman Cramer made a motion the bid be turned over to the Parks and Recreation Department for their review with a recommendation to be brought back at the next meeting. Councilman Hawkins seconded the motion. Motion was approved 7-0. (D) Ordinance Amendment - Business License Tax Ordinance Mr. Thomson stated the State of Georgia is requiring all municipalities to change the method of billing for business licenses. Councilman Wood stated this ordinance amendment is necessary due to the passage of House Bill 362 in the General Assembly in 1993. Me. Wood stated there will be a formal hearing on this ordinance amendment at the December 5, 1994, meeting. Me. Wood read key points of the proposed ordinance and stated it will be on file in the City Clerk's office and made a part of the official minutes of the meeting. Councilman Wood stated this was the first reading of the proposed amendment and a public hearing would be set and advertised for December 5, 1994. (E) Ordinance Amendment - Chapter 11, Section 11-23 - Junked Material .. Mr. Thomson stated the current ordinance was not specific enough and unenforceable concerning many items left in outside storage and exposed to public view which should be customarily stored within the home, business or storage building. Councilman Newcomb stated this would clarify in the ordinance the types of things that should not be stored on a carport and allow enforcement officials of the city to better enforce the ordinance. He further indicated this action would be one more step in cleaning up the city and enhancing the image of the city. Councilman Scoggins asked Me. Newcomb how enforceable this ordinance would be. Me. Newcomb stated this basically would apply to persons whose carports were spilling over with things on the carport November 21, 1994, meeting - continued that would not allow a car to be parked in the carport. He further stated this ordinance would cover indoor furniture, appliances, machinery, equipment, personal property that is stored outside. Councilman Hawkins stated he would like to have the city lawyers read the ordinance and if they indicate it is a legal ordinance and is enforceable he will support the amendment but would prefer to hear a legal opinion on it first. Mr. Hawkins then stated if this item is voted on tonight, he will abstain from the vote. Councilman Newcomb stated he would prefer to have the full support of the council and would table the ordinance amendment to the next meeting of council. Councilman Newcomb then made a motion to table the junked material ordinance - Chapter 11, Section 11-23 until the second meeting in December. Councilman Hawkins seconded the motion. Motion to table the amendment was approved 7-0. .... (F) Approve Lease with DDA for New Jail Facility Mr. Thomson stated this is to ratify a resolution between the City of Smyrna and the Downtown Development Authority. Councilman Wood stated that after the overwhelming support of the citizens in the November 8 election, it is now time to move forward with the necessary resolutions, issuance of bonds, preliminary studies, etc. and proposed a resolution to approve, authorize and provide the execution and delivery of that certain third amended and restated lease contract dated as of September 1, 1989, by and between the City of Smyrna and the Downtown Smyrna Development Authority to authorize and approve the execution and delivery of a bond purchase agreement, the preparation, use and delivery of a preliminary official statement and an official statement in connection with the Downtown Smyrna Development Authority Revenue Bonds, Series 1994, to concur in the designation of said series 1994 bonds as qualified tax- exempt obligations within the meaning of section 65D3 of the Internal Revenue Code of 1986 as amended and for other purposes. Mr. Wood then read a resolution which is a part of these minutes. Councilman Wood then made a motion to approve the resolution and lease with the DDA for the new jail facility. Councilman Hawkins seconded the motion. Motion was approved 7-0. WIIIIII (G) Approval of Multi-Family Bonds by Housing Authority for Walton Grove Councilman Wood made a motion the resolution approving multi-family bonds by the Housing Authority for Walton Grove apartments be approved. Councilman Wood stated this is part of the previous agreements with respect to the Heritage Pointe development. Councilman Scoggins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Temporary Building Permit (6 Months) - 2750 Cobb Parkway (Metro Emissions) Mr. Thomson stated this station will be located at 2750 Cobb Parkway in the Service Merchandise parking lot. He further stated the station has been located there in the past when the property was in unincorporated Cobh County. Mayor Bacon asked the applicant to come forward. The applicant stated they had heen located at this same location for the past five years, but since they are now in the City it is necessary to obtain a temporary building permit and this will be the last year for a temporary structure. Councilman Patrick made a motion the temporary building permit for Metro Emissions (6 months) at 2750 Cobb Parkway be approved and allowed to use the canvas structure utilized in previous years. Councilman Newcomb seconded the motion. Motion was approved 7-0. ...., BID AWARDS: (A) Personal Computer Maintenance Contract Councilman Wood stated five bids were received and the low bidder was Computer Century of Georgia at a cost of $14,740 which includes 24-hour service for the 911 Communications equipment and made a motion the bid be awarded to Computer Century of Georgia for a one year contract (through June 30, 1995, with an option to renew for one additional year). Councilman Cramer seconded the motion. Motion was approved 7-0. November 21, 1994, meeting - continued CONSENT AGENDA: (A) (B) (C) (D) (E) .... (F) (G) (H) (I) (J) Approval of November 7, 1994, minutes Change Date of First Council Meeting in January, 1995, From January 2 to January 3 Change Date of Second Council Meeting in January, 1995, From January 16 to January 17 Approval to Notify Residents of Annexation - Islands in Ward 6 Approval to Make Offer on Purchase of Property at 2646 Atlanta Road Approval to Install 4-Way Stop Signs on Floyd Drive at Sherwood Road and Ivanhoe Lane Approval of Five-minute Time Limit on Committee Reports Approval to Ratify Agreement with Post Properties Approve Contract with Sizemore Floyd Architects Approval to Install School Zone Flashers on King Springs Road Councilman Scoggins made a motion the consent agenda be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Mayor Bacon wished everyone a Happy Thanksgiving and personally thanked the citizens of Smyrna that supported the referendum on the public safety building. Mayor Bacon thanked Randy Sauder and Frank Bradford for attending tonight's meeting. Councilman Wood stated the Finance Department does not have a report for tonight. Councilman Lnenicka stated the Police Department does not have a report tonight. Mr. Lnenicka then thanked the citizens for their support of the new police facility. Mr. Lnenicka reminded everyone that at the next council meeting, December 5, there will be a rezoning request for property off Cooper Lake Road, the remainder of the Daniel property which abuts part of Cedar Cliffs and Vinings Glen subdivisions and urged any Ward 6 citizen who would be interested in this issue to attend the meeting. .... Councilman Cramer called on Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio reminded everyone that on November 30 at the Church Street Senior Citizens Center from 10:00 a.m. to 12 Noon there will be a meeting to discuss the future of the center and also discussing the enclosure that is going over the pool to make it a year-round senior aquatics facility. Mr. Ciaccio also reported that on December 2, the annual Christmas tree lighting will take place which will be followed by the holiday bazaar and arts and crafts show. This event will begin at 6:00 p.m. and last until 9:00 p.m. Mr. Ciaccio then stated the young gymnasts that train under Marge Ransbotham did very well at a recent meet in Athens, Georgia, and another meet at Cobb County. Councilman Cramer then thanked the citizens for their support of the public safety facility. He also urged all citizens to be very active in Neighborhood Watch programs during this holiday season. Councilman Hawkins asked Larry Williams for a report on the Fire Department. Chief Williams reported the hydrant flow testing is proceeding and approximately 33 hydrants have been identified with operational problems which the Public Works Department is correcting. He then stated the interview panel has completed the interviews for the fire department applicants and the top fifteen candidate names have been forwarded for final interviews. He expressed the hope that the hiring will take place either in late December or early January. .... Councilman Hawkins wished everyone a Happy Thanksgiving. Councilman Scoggins reported Kathie Barton does not have a report tonight and called on Ann Kirk for a report from the Clean City Department. Ms. Kirk thanked the citizens for another successful curbside recycling month and stated 81.4 tons of material were recycled and saved $2,116 in tipping fees for the city. Assistant Public Works Director Ray Curtis reported on the 1 % Road Program. He stated that as of today, 165 streets have been resurfaced; 43 streets have been curbed; 10 streets have had sidewalks installed; four turn lanes have been installed and one intersection has been repaved. November 21, 1994. meeting: - continued Councilman Newcomb asked Chris Corey for a report on the Human Resources Department. Mr. Corey stated the Human Resources Department wanted to thank those members of the Fire and Police Department who served on the interview panels. He then reported there were two job openings; Laborer II in the Public Works Department and Finance Director for the City of Smyrna. The closing date for both positions is November 28, 1994. Councilman Newcomb stated the people on Poplar Creek might want to note on their calendar that on Monday, December 12 at 6:30 p.m. there will be a meeting to discuss some ideas on solutions for Poplar Creek. He then expressed his appreciation to the citizens for their overwhelming support of the public safety building and the 1 % road tax. .... Councilman Patrick asked Laurel Best for a report on the Library. Ms. Best stated the Library has a holiday program beginning on December 6 at 7:00 p.m. The Southern Order of Storytellers, The Cobb Cluster, will be telling stories that last about 45 minutes to one hour and there will be different storytellers telling lO-minute stories. Councilman Patrick announced the Library will be closed for cleaning on November 27, 1994. With no further business, the meeting adjourned at 9:28 p.m. _~~'i- -' ~~ !{)J/A t4.~ MELINDA DAMERON, CITY CLERK A. MAX BACON , MAYOR ~;fi)r~ JO PATRICK, WARD 1 ~ ~N 0~j~ RON NEWCOMB, WARD 2 .... PM -..... / ~" BILL SCOGGI ,W 3 ~~~ a4;J~~ CHARLES PETE WOOD, WARD 7 ..."