Loading...
September 20, 1993 Council Meeting September 20. 1993 The regular scheduled meeting of Mayor and Council was held September 20, 1993 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present except for Jim Hawkins, who was out of town. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Police Chief Stanley Hook, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, Public Works Director Vic Broyles, Community Relations Director Kathy Barton, City Engineer Ken Hildebrandt, Personnel Director Mary Ann White, Finance Director Jim Triplett, Fire Chief Larry Williams and representatives of the press. Invocation was given by Richard Hemphill, pastor of Trinity Baptist Church followed by the pledge to the flag. Councilman Pete Wood reported that Betty Smith, wife of former Mayor Harold Smith passed away earlier today ... and expressed his personal condolences on behalf of the City to the family. Betty along with Harold was responsible for founding the Smyrna Historical Society. She was also an active member of the First Baptist Church and many other community activities. CITIZENS INPUT: Elizabeth Hill of 2786 Sanford Place complained of excessive traffic and speeding on her street particularly in the afternoon hours from 5:00 to 6:00 p.m. Speed limit signs are not posted and the street is used as a cut through from Bank to Powder Springs Street. Ms. Hill also complained of the unclean conditions of the sidewalks within the shopping center at Belmont Hills and asked who was responsible for maintaining them. Mayor Bacon said he would notify the Halpems of the condition at the shopping center and would also ask the Police Department to increase patrols in the area. Sue Brissey said she had received several calls today about the proposed zoning of the Wood property on Atlanta Road just south of Ridge Road. Trammell Crowe is asking for rezoning to RM-20 for this 15.1 acre tract which is much too high in density. Although in the County, this development would impact our schools and homes in the City. Wade Lnenicka said he had planned to discuss this rezoning during his committee report but stated that he also has gone on record as being opposed and has notified the Commissioners of his opposition. The property is currently zoned General Commercial and residential and felt that commercial development was much more acceptable. Councilman Lnenicka said several neighborhood associations in his ward had also gone on record as being opposed and there also is some question as to whether or not the zoning signs have been properly posted. The hearing for this zoning is scheduled for September 21st at the Cobb County Commission building. PUBLIC HEARINGS: -- (A) Alcohol beverage license - retail pouring of beer and wine - Pizza Hut, 3815 South Cobb Drive Bob Thomson stated that Mr. Alan Mohl is requesting a transfer of the beer and wine pouring license for Pizza Hut which has been in business since 1987. Mr. Mohl is an executive officer for the corporation and has worked for the company for 8 years. The police investigation was favorable and there was no opposition. Councilman Lnenicka asked Mr. Mohl if he realized he would be personally responsible for any violations and if he had received and read a copy of the City and State laws. Mr. Mohl said that he knew that he would be responsible and was familiar with the laws governing the sale of alcoholic beverages. Councilman Lnenicka said this was not a location where we have had problems in the past and the management has done a good job with the operation there. Councilman Lnenicka made a motion the license be approved as requested. John Patrick seconded the motion which carried 6-0. (B) Rezoning request - 415.823 acres - Cooper Lake Road from 0&1 and Light Industry to R-15 conditional - single family residential Bob Thomson stated that Mr. John Wieland is requesting the rezoning of this property to R-15 conditional for construction of single family homes. Mr. Wieland is asking for a blanket variance to reduce the front yard setbacks from 35 to 25 feet due to the topography of the property. There was no opposition. .. John Wieland said that Dan Fields and John Gillespie and Scott Leonard were also here to present their proposal. Mr. Fields said they are proposing a 340 lot community on 415 acres located on Cooper Lake Road just southwest of South Cobb Drive. This property was zoned in 1991 for 700 lots, of which 100 were townhomes or condominiums. This development will be 340 single family lots that will take advantage of the difficult terrain and will save as many trees as possible. A club house with tennis court and swimming pool will be included. The property has already been purchased and the zoning tonight is not a contingent situation and they are prepared to begin development within the next few weeks. Mr. Gillespie said the entrance on Cooper Lake Road is buffered by an 8 acre recreation area. The overall density is very low with lots averaging 1 1/4 acres. Utilities are available and very easy to access. Some homes will be built within 25 feet of the right of way due to the topography and rather than ask for individual variances, felt it was best to request a conditional zoning to allow the 25 foot setback where needed on some lots. These homes will be very similar to the Stoney Brook subdivision and should sell in the mid $200,000 price range. September 20, 1993 meeting - continued Councilman Lnenicka said he supported the single family development and asked Mr. Wieland to work with the City by taking an early look at the long streets to find ways of controlling traffic speed and access through the development to make it safe for everyone. Mr. Gillespie said they will have a set of protective covenants which gives the association the right to levy fines for speeding. Councilman Patrick asked if there was any evidence of existing archeological or architectural landmarks. Mr. Wieland said the previous developer had an extensive report made and they indicated they had found some arrowheads and other artifacts, which is indicative to the rest of the county. Councilman Wood said this is the type of development we are encouraging in our city and thought the roning was appropriate. Councilman Wood made a motion the zoning be approved to R-15 conditional for single family use. ..... Councilman Cramer seconded the motion which carried 6-0. Councilman Wood made a motion the variance to reduce the front yard setbacks from 35 to 25 feet be approved as requested. Councilman Scoggins seconded the motion which carried 6-0. (C) Alcohol beverage license - retail package beer and wine - Kroger Store #399, 3315 South Cobb Drive Bob Thomson stated that Mr. William A. Valvano is requesting the package beer and wine license for this location. Mr. Valvano has been the manager of this location for 2 years. The police investigation was favorable and there was no opposition. Councilman Wood asked Mr. Valvano if he was a resident of Cobb County. Mr. Valvano replied that he had lived in the county for 5 years. Mr. Valvano said he had never held an alcoholic beverage license but understood the responsibilities associated with it and had received and read a copy of the ordinance. Councilman Wood made a motion the license be approved as requested. Councilman Cramer seconded the motion which carried 6-0. (D) Annexation of 1.47 acres in Land Lot 485, 17th District, 2nd Section, Parcel 28 - King Springs Road. Bob Thomson stated this annexation petition was validated at the August 16th meeting and a public hearing set for tonight. All legal advertisements have been met and there was no opposition. Councilman Wood made a motion this property, owned by Emory D. Paris, be annexed into the City and made a ...., part of Ward 4. Councilman Scoggins seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Appointments - Cemetery Commission Councilman Bill Scoggins called on Nancy Hancock for her recommendation of appointments. Ms. Hancock recommended that Charlotte Bryan and Bobby Landers be appointed to serve on the commission. Councilman Scoggins made. a motion the appointments be accepted seconded by Councilman Cramer. Vote on the motion carried 6-0. Councilman Lnenicka made a motion that James Mixon, a resident of Ward 6, be appointed to serve on the commission. Councilman Scoggins seconded the motion which carried 6-0. Councilman Newcomb made a motion that Mark Baker of Glenroy Place be appointed to serve on the commission. Councilman Scoggins seconded the motion which carried 6-0. (B) Ordinance amendment - Section 8-6 - Paragraph (4) Councilman Lnenicka stated that this code section currently allows bonding companies to double the principal amount of their bond, which conflicts with State law. Bonds should not exceed the principal amount by any more than 10%. Councilman Lnenicka read the proposed amendment as follows, and made a motion it be approved. Section 8-6 (4). Same--Cash bail, acceptable bonds or recognizance. ..... Professional bonding company. Any professional bondsmen licensed to do business in the city or their employees of record may sign a bond in an amount not to exceed 10% of the principal amount for any person's personal appearance in municipal court, provided such bondsmen maintain their businesses in accordance with the professional bonding requirements of this code. Councilman Scoggins seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to r..... September 20. 1993 meeting - continued BID AWARDS: (A) Water meters - Utility Services Department Councilman Wood made a motion the bid be awarded to Davis Meter & Supply, the overall low bidder. Councilman Cramer seconded the motion which carried 6-0. (B) Air conditioning unit - Church Street Center Councilman Jack Cramer made a motion the bid be awarded to Cobb Heating & Air, the low bidder for this project. __ Councilman Newcomb seconded the motion which carried 6-0. (C) Public Works building addition Councilman Scoggins made a motion the bid be awarded to B. L. Law & Company, the low bidder at $75,300. Councilman Wood seconded the motion which carried 6-0. CONSENT AGENDA: (A) Approval of September 7, 1993 minutes Councilman Scoggins made a motion the consent agenda be approved. Councilman Lnenicka seconded the motion which carried 6-0. COMMITTEE REPORTS: Mayor Bacon and other members expressed their condolences over the loss of Betty Smith, wife of former Mayor Harold Smith. Both have worked tirelessly in the community for many years and she will be missed. Mayor Bacon stated that through the efforts of Commissioner Joe Lee Thompson, it appears as though Atlanta Road will finally be widened and the groundbreaking ceremonies were held last week. Sidewalks are also proposed from Campbell to Spring Road. Funds were appropriated in a 1954 Cobb County School Bond referendum but for some reason, were never constructed. ... John Patrick stated that in the month of October, art work by Emily Oak who is a local artist will be on display at the Library. Councilman Patrick called on Laurel Best for a report from the Library. Laurel stated that the book discussion group resumes October 5th and computer training classes will be held beginning the first Saturday of October and will run the first Saturday of every month.. Councilman Ron Newcomb called on Mary Ann White for a report from Human Resources. Ms. White stated the EquiComp study is going very well and was very proud of the work that Mar-D Kilgore is doing with the job audit. She has audited all sworn personnel in the Police Department and has audited 29 different individuals throughout the department. She is with the Fire Department now and will be meeting with all shifts. Also, there is an opening for a part time Library clerk with a closing date of October 1st to accept applications. Councilman Newcomb said he was pleased to know that Atlanta Road is finally being widened and was also interested in improvements to Spring Road. Cobb County currently plans to widen Spring from Hargrove to Campbell with construction to begin November 1994 to be finished within one year. Engineering studies will also be conducted to improve the remainder of Spring Road from Campbell to Atlanta Road. Councilman Newcomb said that Spring Road has become a conduit for those passing through Smyrna and was pleased that the County had put this on their road improvement list and would keep everyone posted as work progressed. Councilman Newcomb said he would soon have a preliminary report from Welker regarding the Hydrology study on Poplar Creek with plans for a detention facility on Poplar Creek. Cobb County has recently been talking about regional detention facilities instead of the smaller facilities for individual developments and he has talked about that concept to Commissioner Byrne. Councilman Bill Scoggins called on Kathy Barton for a report from Community Relations. Kathy Barton said that several years ago she had the new jonquil artwork created for some of our logos and Betty Smith captioned the four ... jonquils with the theme of "Challenge the Present. Vision the Future, Reflecting on the Past and Cherish the Heritage." Kathy said she proposed several weeks ago that the City adopt a mission statement and these words will be used at the bottom of the mission statement. Kathy said she hoped council would consider her proposal for the mission statement and add those words in memory of Betty Smith. Kathy said that jonquils will go on sale October 1st and our recycling participation rate is still at 78%. The adopt a highway program will be October 16th. Councilman Scoggins called on Vie Broyles for a report from Public Works. Vie said they did receive complaints through the comments on the citizens survey regarding sanitation service and treatment of garbage cans, and they September 20. 1993 meeting - continued are working on correcting those problems. Councilman Cramer called on Steve Ciaccio for a report from the Parks Department. Mr. Ciaccio said the water aerobics program has been extended through a petitioned request of a number of participants, and the Halloween Carnival will be at the Community Center this year. Councilman Cramer reminded everyone that on October 6th, we will have a town hall meeting at the Community Center. Councilman Lnenicka read a letter of appreciation from one of our citizens for Officer S. A. White who assisted him recently. Also, a telephone message was received from a citizen to Officer Coffey commending him for professional action during a traffic stop. """'" Councilman Lnenicka said the Citizens Advisory Group has recommended a route to the Cobb County Commissioners on the EastlWest Connector and was opposed to any route that goes through the historic area. Now it is scheduled to end on South Cobb Drive near Camp Highland Road and Councilman Lnenicka urged the commissioners to find the funds needed to extend the connector through at least to Atlanta Road. The proposed ending will cause traffic problems in this area and an increase in accidents in this highly congested area. Councilman Pete Wood called on Jim Triplett or a report from the Finance Department. Mr. Triplett said that last week copies of the 1994 budget were distributed and a copy was submitted to GFOA for their review and consideration of the excellence award. Plans are also underway for the City auction, hopefully at the end of October or early November. Property tax bills have gone out and are due November 8th. With no further business, meeting adjourned at 8:43 p.m. QL ihA-JL-' ~A/7l1/AA-- MELINDA DAMERON, C CLERK ~2b~ ;JJJ~ RON NEWCOMB, WARD 2 ...., JA(>Z2&;~~ CHARLES PETE WOOD, WARD 7 JJ;._~~WARDX- ~\ '/ n~ WADEL~'KA.WARD6 ...