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March 16, 1992 Council Meeting March 16, 1992 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on March 16, 1992 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. Also present was City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Community Relations Director Kathie Barton, Parks and Recreation Director Sherry Reavis, Finance Director Emory McHugh, Library Director Laurel Best, Communications Director Steve Ciaccio, Police Chief Stan Hook, City Engineer Ken Hildebrandt, Public Works Director Vic Broyles, Personnel Director Jane Mears, Candis Joiner and representatives of the press. Invocation was given by Brother Robert Belliveau, MS, of Saint Thomas the -.. Apostle Catholic Church, followed by the pledge to the flag. CITIZENS INPUT: Mrs. Sue Brissey questioned the fee adjustment for pawn shops and check cashing establishments listed on the consent agenda. She expressed concern that if these businesses were allowed to pay the lower business license fee, the difference in lost revenue would have to be made up by the home owners. Mayor Bacon explained this item had been turned over to the Finance and Administration Committee for their review. ... Councilman Wood stated they had met with members of the business community and listened to their concerns regarding what the businesses felt was a tremendous increase in these fees. As a result of this meeting, the City decided to allow the pawn shops and check cashing establishments to pay the 1991 business license fee for this year pending further review and recommendations to be made later this year. The Finance and Administration Committee still feels an increase is necessary but also feels the issue requires more study. Some check cashing businesses do a lot more than just cash checks and we want an opportunity to review this in more detail. Mr. Wood stated his committee would be reviewing several categories of businesses and will make a recommendation later this year as to any changes that are needed. Mr. Wood stated there was a proper procedure to be followed when increasing business license fees and that the City had followed the prescribed procedures. The main concern of the pawn shop and check cashing business establishments was the percentage of increased passed on to them. The Council feels it is fair to allow these types of businesses to pay the 1991 business license fee for this year, but the fees may change at the end of this year. Councilman Newcomb said he understood the concerns expressed by Mrs. Brissey and stated the Finance and Administration Committee felt the business license fees for all businesses should be reviewed. Ms. Ellen Carruth stated she was here representing her parents, Mr. and Mrs. Nowlin of 3390 Ridgecrest Road, who have a problem with cats in their neighborhood. She indicated she has spoken with Councilman Hawkins concerning this problem and understands there is no current ordinance dealing with cats. Ms. Carruth stated one of her parents' neighbors has a large number of cats and she feels the City should have an ordinance regulating the number of cats the same as they regulate the number of dogs in the City. .... Councilman Newcomb asked if the probl~m was with mistreatment of the cats or with the number of cats allowed to be in the area. Ms. Carruth responded the number of cats is the problem and that one particular neighbor had as many as fifteen cats at one time. Mayor Bacon indicated that this matter would be turned over to the Police Committee which has jurisdiction over the Animal Control Officer for review and possible drafting of a Cat Ordinance. Councilman Lnenicka stated he has a copy of a draft ordinance dealing with cats that his committee will review and make a recommendation during the next few months. March 16, 1992, meeting - continued: Councilman Wood stated the request for a variance at the Spring Road location (formerly China Station) had been for a three foot setback from the adjoining property owners which included a church, day care center and a public park. There was also a property owner present in opposition to the request for the Spring Road property. Mayor Bacon stated there had been a motion made by Mr. Patrick to approve the granting of this variance request and the motion was seconded by Bill Scoggins. Motion was approved 7-0. (B) Privilege License - Buffalo Bob's Original Wings, Inc. - 4924 South Cobb Drive ... Ms. Dameron stated Jason W. Hurst is applying as the agent to hold the beer pouring license for this location which has been previously licensed. Mr. Hurst is a resident of Cobb County and has met all the ordinance requirements. This is in Mr. Wood's ward. Mayor Bacon recognized Mr. Hurst and asked if there was anyone opposition to the granting of this privilege license request. no one present in opposition. present in There was Councilman Wood stated this business is on South Cobb Drive just north of Wendy's and asked if this request was just for a beer pouring license. Mr. Hurst responded that was correct. Mr. Wood asked Mr. Hurst if he was familiar with all the rules pertaining to the legal age and business hours specified in the ordinance. Mr. Hurst responded he was. Mr. Wood asked if Mr. Hurst had held the license before and Mr. Hurst responded he had not. Mr. Hurst is the acting manager of Buffalo Bob's Original Wings, Inc. Mr. Wood stated the normal police department check of the applicant indicated they had found nothing that would preclude the granting of this license. Councilman Lnenicka asked Mr. Hurst how many people would be serving alcohol in this establishment. Mr. Hurst responded there would be he and one other person and at the very most there would be three people serving alcohol if the business was extremely busy. Mr. Lnenicka asked Mr. Hurst ... if he was familiar with the requirements the additional servers would have to meet to be in compliance with the ordinance and Mr. Hurst stated he was aware of the requirements. Mr. Hurst stated he planned to card anyone who he thought looked thirty years of age or younger and also intends to make copies of the relevant Code sections and have his people read them and possibly have them sign a statement that they understood the Code section. Councilman Wood made a motion that the privilege request for a beer pouring license be granted as requested. Wade Lnenicka seconded the motion. Motion was approved 7-0. (C) Variance Request - Side Yard Setback - Doc's Food and Spirits - 2621 Hargrove Road Ms. Dameron stated Mr. James Brenner was requesting a variance to waive the ten foot side yard setback for a 760 square foot addition to Doc's Food and Spirits. The variance will still allow 126 feet between the building and the adjacent property owner. This is in Mr. Patrick's ward. Mayor Bacon recognized Dean Brames, Barbara and James Brenner from Doc's Food and Spirits and asked if there was anyone present in opposition to this variance request. There was no one present. -. Councilman Patrick stated he has examined the property requesting the variance and can see no reason why this variance should be denied. Mr. Patrick made a motion that the variance request be approved. Councilman Hawkins asked Mr. Brenner if he had tried to contact Kuppenheimer's owners regarding this request. Ms. Brenner stated she would be answering for Mr. Brenner and responded they had contacted Kuppenheimers' on January 22 and spoke to the real estate department and received verbal approval to this variance. Ms. Brenner stated the property had been posted for ten days. March 16, 1992, meeting - continued: Councilman Newcomb stated the Community Development Committee had studied this issue. He stated that the Federal Law requires that metropolitan areas look at what kind of pollutants are being picked up and carried into the water system when you have a storm and Smyrna, as a part of the Atlanta Regional Commission, is expected to carry its fair share of the monies necessary to conduct this study. Mr. Newcomb made a motion to approve the agreement and that the Mayor be empowered to authorize Smyrna's participation in this agreement with the ARC. Pete Wood seconded the motion. Councilman Scoggins stated he felt it is important for the citizens to realize we are spending their money, $9,311, to comply with this mandate and if we do not comply their is a maximum fine of $100,000 per day for -.. failure to com~ly. Councilman Lnenicka stated the $100,000 fine is a per day fine if we are not in compliance and this is a necessary environmental expense that we did not budget and now we must pay this amount as part of our duty to protect the health and welfare of our citizens. Councilman Newcomb's motion to approve this agreement which was seconded by Councilman Wood was approved 7-0. (B) Validate Petition to Annex Property - 3160 Lee Street Mayor Bacon asked Mr. Camp to read the legal description as follows: We, the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) of the owners of the land area by acreage, as described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of laws of the State of Georgia, said property being annexed being described as follows: All that certain property situated and being in Land Lot 524 of the 17th District and 2nd Section of Cobb county, Georgia, being Parcel 4, and more particularly described as follows: -.. BEGINNING at the intersection of the western right of way of Lee Street with the common lot line of Land Lots 523 and 524; thence southerly along said right of way of Lee Street a distance of 109 feet to a point, said point being the POINT OF BEGINNING; thence continuing southerly along said right of way of Lee Street a distance of 109 feet to a point; thence westerly a distance of 200 feet to a point; thence northerly a distance of 109 feet more or less to a point; thence easterly a distance of 200 feet to the POINT OF BEGINNING. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the electors resident in the annexed area: s/JAMES M. HAWKINS; s/JUDY D. HAWKINS. Witness the hands and seals of 60% of the record title holders of the land described above: s/JAMES M. HAWKINS; s/JUDY D. HAWKINS. -.. Councilman Hawkins stated this property was formerly owned by Mrs. Hawkins' parents and now is rental property owned by Judy Hawkins. The tenants had requested the property be annexed into the City. Mr. Camp stated the signatures of the renters of this property should be obtained on the annexation request. Mr. Hawkins stated he would obtain the signatures needed and then made a motion to validate the petition for annexation of the property located at 3160 Lee Street and set a public hearing date of April 6, 1992. Motion was seconded by Councilman Scoggins. Motion was approved 7-0. (C) Bid Opening - Playground Equipment - Creatwood Park Mayor Bacon asked if there were any bids in the audience. There were none. Six bids were received and opened and read as follows: March 16, 1992, meeting - continued: Councilman Hawkins stated we had been notified by Chambers that they are passing on to us a 3% increase in commercial sanitation charges effective in June of this year. The Public Works Committee will be making a decision on this rate increase soon. Mayor Bacon stated this will be an increase that we will have to pass on to our customers and we will probably include a notice in our water bills soon. Councilman Cramer presented the City with a plaque from the seven and eight year old Smyrna Tigers basketball team, the SAA 1991 Champions. This plaque is presented to the City in appreciation for their support. Mr. Cramer also read a letter from Bill Geter to the City in appreciation ... for its involvement and support in hosting the 1992 Georgia Recreational Park Association nine to ten year old girls State Basketball tournament and presented a trophy to Mayor Bacon. Another trophy was presented to Mayor Bacon from the nine and ten year old boys basketball team who won the State tournament. Ms. Dameron stated C-Mar Credit Union had opened a branch office at the old Library site. With no further business the meeting adjourned at 8:37 p.m. L/4~ A. MAX BACON, MAYOR - DlLLL~(fJ- MELINDA DAMERON, ~~~ C Y CLERK J~~ ~- ~~~ RON NEWCOMB, WARD 2 ... ~ 111. &L WADE S. L EN CKA, WARD 6 ~~& ~~W~ CHARLES PETE WOOD, WARD 7 ~. .. ..