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09-17-1990 Regular MeetingSeptember 17, 1990 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter on September 17, 1990 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 Administrator John Patterson, City Attorney Charles E. Camp, Police Chief Stan Hook, Parks and Recreation Director Sherry Reavis, Library Director Laurel Best, Finance Directory Emory McHugh, Public Works Director Vic Broyles, Fire Chief Larry Williams, City Engineer Ken Hildebrandt, Community Relations Director Kathie Barton, Communications Director Steve Ciaccio, 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: Ted Reed was recognized and asked if he would like to say a few words to the assembly. Mr. Reed stated he was very proud of the action taken by the Mayor and Council in reference to the formation of the Citizens Committee. He commended the Mayor and Council for taking the stand they did and for doing what was right. He commended the Mayor and Council for being there when they were needed and for doing the right thing. PUBLIC HEARINGS: (A) Annexation of Lucille Pilgrim Property in Land Lot 271 Jack Shinall stated he had spoken with Gerald McCravey before the meeting and expressed his concerns that there were some things that needed to be worked out. Jack stated it would be inappropriate to proceed with the annexation without the rezoning. He suggested this annexation be continued until the first meeting in October. (B) Rezoning of 4.67 Acres in LL 271 from R20 to RAD Mrs. Brissey asked for a definition of RAD and it was explained that it is Residential Attached/Detached. Mr. McCravey, Bear Properties, explained that this 4.67 acres of Mrs. Pilgrim's is adjacent to the Chateau Walk subdivision. He also explained there will be fifteen to sixteen lots with an approximate lot size of 55 x 110. Jack Shinall indicated he would like to schedule a meeting with Mr. McCravey and the property owners to explain what is being built and alleviate any problems. Mr. McCravey said he would meet with them. Jack Shinall made a motion to continue both 3A and 3B until the first meeting in October. Kathy Jordan seconded this motion. Approved 7-0. Jack Shinall asked that anyone concerned about this development should give him a call so we can get in touch with them about setting up a meeting the first of next week, either Tuesday or Wednesday night. (C) Rezoning of 14 Acres on Hurt Road from R20 to RAD Conditional There is a 32-lot subdivision planned for this area and the stipulations made by the Planning and Zoning Board have been agreed to by Reed Konigsmark. Group in opposition sworn in with Mr. Konigsmark by Mr. Camp. Mr. Konigsmark presented what he wants to do with the property. Mr. Konigsmark stated he thinks Mr. Shinall wants to work out any problems with the people and City. Wants to build 30-32 houses in the subdivision on this 14 acres (approximately 2.5 houses per acre). Mr. Konigsmark stated a good bit of land is on a flood plain and he needs RAD due to the flood plain. Average cost of homes will be in the $70,000 price range. Believes the price is compatible with homes in this area. Restrictive Covenants will be issued to dictate wiat can and can not be done. September 17, 1990 meeting - continued Jack Shinall made the motion that this item be continued to October 1 and asked everyone to be here Wednesday 9-19 at 7:30 p.m. so they could sit down and go thru it totally and work out any problems. Mr. Bill Rudolph, 3374 Landrum Drive, whose property abuts this land, stated his property assessed for $106,000 according to his latest bill from Cobb County. Mr. Rudolph expressed concern that neither the price nor the lot size is compatible with adjoining homes. Feels the price of the homes,and the size of the lots would adversely affect his property and his property would abut it. Mr. Rudolph indicated he could not read the zoning notice sign until he pulled into the Church lot across the road and walked over to the sign. Concerned about the traffic situation on Hurt Road. East West Connector traffic will use Hurt Road and adding 30-32 houses would put an additional 50-60 cars from this subdivision on Hurt Road and would add to the traffic flow. Jack Shinall stated most lots are over 6000 sq. ft. that Mr. Rudolph mentioned and feels the property will be developed for something. Mr. Rudolph said the R20 zoning was fine with him. Will meet with Reed Konigsmark at 7:30 p.m. Wednesday to go over this in detail. Jack Shinall made the motion to continue this rezoning to October 1. Bob Davis seconded motion. Approved 7-0. (D) Rezoning of 1.7 Acres on Smyrna Roswell Road from R20 to General Commercial Mr. Ed Thomas wants to move the ice house a couple of lots to the east. There is an existing building on the site which would be used as an office and he would build behind this site. No one here in opposition. Mr. Thomas wants to build 100 feet from property line. Would like to buy property 100 feet away from existing business and stay in the city. Plans to build a 4000 sq. foot building. Needs to move building back 150 feet. The building is located 100 feet from this property right now. He does own some property in the City and the property he is interested in buying has either been annexed into the City or is being annexed into the City. He would like to buy this property 100 feet away and build on it. Wants to build a 4000 square foot building with a brick front and operate his business right here in the City. Bill Scoggins stated that Mr. McCurry of the Planning and Zoning Board has asked Mr. Thomas to move back 150 feet from the east property line and Mr. Thomas agreed to this. Mr. Thomas is now leasing warehouse and manufactures institutional ice, bag ice, and sells ice to restaurants. Busy 6 months out of the year. Jim Hawkins asked what type freezers are used to manufacture this ice. Mr. Thomas replied freon. Bob Davis indicated we have a letter from the only residential neighbor that would be affected and he does not object to this business. Building would put neighbor furthest away from this property. Building would be 150 feet from street on the northeast corner. Neighbor would be 100 feet further back from that. Bill Scoggins made a motion that the rezoning request at 1715 Roswell Road, 1.7 acres, from R20 to GC, General Commercial, be approved with the following stipulations as recommended by the Planning and Zoning Board that the building be 150 feet from the east corner of his property. Jim Hawkins seconded the motion. Approved 7-0. (E) Variance Request - Reduce Side Yard Setback and allow additional building at 1715 Smryna Roswell Road. Additional building is 4000 sq. foot building for ice house and renovate existing house for office use. This building would be 10 feet from Mr. Aaron's property and we have a letter from Mr. Aaron stating he has no objection to this. No opposition to this variance. Bill Scoggins asked how do you plan to do this. Mr. Ed Thomas stated the present building will be renovated to make it look good and plans to proceed with building 4000 sq. ft. building behind it. Plans have been given to Planning and 'Zoning board. Jim Hawkins asked if the variance from 50 to 10 feet was needed for the loading docks. This will allow better access for the ice house and help the Mr. Aaron with the traffic and noise from the ice house. September 17, 1990 meeting - continued Bill Scoggins made a motion that the Variance request at 1715 Smyrna Roswell Road to reduce the side yard set back from 50 feet to 10 feet and to build an additional building on the same lot be approved. Jim Hawkins seconded the motion. Approved 7-0. (F) Privilege License - Dee Dee's Cafe This is the site of the original Oyster King Restaurant. No opposition present. Mr. Charles Cole is the Agent and Mr. Richard Davis is the owner. Kathy Jordan asked Mr. Davis to explain what type food would be served. Mr. Davis explained it would be home -style cooking with breakfast similar to IHOP, with full breakfast, lunch specials, and in general home -style cooking. Mr. Davis stated he will be running the restaurant. Asked Mr. Cole if he understands codes. Replied that he did know ordinance and that he understood them. Dose not see any problems. Kathy Jordan asked Mr. Davis how he planned to educate his people for the age limits. Mr. Davis indicated he planned to have training sessions will go over state and City of Smyrna laws with them. Mr. Cole understands he will be responsible. John Steely asked if he owns another restaurant in the area. Mr. Davis replied he did not but that he had formerly owned Vittles Restaurant but now his ex-wife is in charge of that. Kathy Jordan made a motion that the pouring license for beer and wine at 2365 for Dee Dee's Cafe be approved. Jack Shinall seconded. Approved 7-0. (G) Variance Request to reduce side yard setbacks at 989 McLinden Avenue Mr. W. E. Collett stated he wants old building removed and a new building built. No opposition to this request. Plans to build a 24 x 16 ft. garage. Will come off existing drive way. Wants garage away from his house. Does not want to remove tree from yard. Wants to build below tree. Will be 15 to 16 feet from the City right of way on Medlin. Jim Hawkins no problem according to a letter from Mrs. Baker, Mr. Collett's neighbor. Jim Hawkins stated Mr. Collett has very neat property. Jim Hawkins made a motion that the Variance request to reduce the front yard setback from 40 feet to 13 feet and the side yard from 10 feet to 3 feet to build a 16' x 24'garage at 989 McLinden Avenue be approved. Wade Lnenicka seconded the motion. Approve 7-0. FORMAL BUSINESS: (A) Award of Pilot Recycling Program Several proposals were received from the various vendors for this Program. John Patterson stated that Chambers Development Company will be the recommended vendor for this pilot program. Jack Shinall stated we have looked at recycling throughout the city. Cobb County has recently established 6 drop off points for its residents. Smyrna has already had 6 drop off sites in existence. The Recycling Pilot Program will encompass over 1000 homes in 5 designated areas of the city. This will allow us a total cross section of the city. There will be one bin to hold recyclables, the residents will not have to separate the items as the bin will hold glass, plastic and papers. Recycling will cost us money but it will save landfill space and save the environment. We urge the homeowners to participate in this Pilot Program and it will be of no cost to the residents. The cost will be absorbed in the City budget. Brenda Head was asked what Chambers would do to make this program work and she replied they would do whatever was necessary to make this program work. Jack Shinall made the motion to to award the Pilot Recycling Program to Chambers Development Company. Wade Lnenicka seconded the motion. Approved 7-0. (B) Validation of Petition to Annex Property in LL684 & 685 for James E. Freeman. Chuck Camp read the legal descrlrtllo.. cf tha property owned by James E. Freeman as follows: September 17, 1990 meeting - continued 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 described as follows: All that tract or parcel of land being and lying in Land Lots 684 and 685 of the 17th District 2nd Section of Cobb County, Georgia and being more particularly described as follows: BEGINNING at an iron pin located at the Southeast corner of Oakdale Road and Mitchell Road, run thence Northeast along the Southeastern side of Oakdale Road a distance of 310 feet to an iron pin and corner; run thence Southeast a distance of 753.1 feet to an iron pin; run thence South a distance of 145.3 feet to the right-of-way of I-285; run thence Southwest along the right-of-way of I-285 a distance of 445.0 feet to an iron pin and corner; run thence Northeast a distance of 225.8 feet to an iron pin and corner; run thence North 73 13" West a distance of 895.0 feet to Oakdale Road and the true point of beginning. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the record title holders of the land described above: s/JAMES E. FREEMAN. John Steely set the public hearing for October 15, 1990 and stated the annexation of this property made us contiguous to I-285. Also thanked Mr. Freeman for his annexation. John Steely set the hearing for October 15, Wade Lnenicka seconded the motion. Approved 7-0. (C) Bid Opening for 4-Wheel Drive Vehicle for Fire Department. Three bids were received out of 12 mailed out. Bids were: Wade Ford $17,211 Fouts Brothers Nissan $19,400 Day's Chevrolet $18,411.35 Kathy Jordan made a recommendation that the bids be turned over to the Fire Committee for further review. Bob Davis seconded the motion. Approved 7-0. AM AWARDR (A) Grade All Bucket/Extend A Boom Jack Shinall made a motion that the bid be awarded to Metro Tractor for $17,862. John Steely seconded the motion. Approved 7-0 (B) Sand Spreader Jack Shinall indicated we received two bids for the the spreader and made the motion that the bid be awarded to Fouts Brothers for $8,999. Jim Hawkins seconded the motion. Approved 6-0 with Bill Scoggins abstaining from the vote. COMMERCIAL BUILDING PERMITS: None CONSENT AGENDA: (A) Set date for public auction - October 20th (B) Approval to surplus equipment (C) Approval to request bids for Church Street pool renovation (D) Approval to purchase 3 radar units for DUI Task Force (E) Approval of September 4, 1990 minutes (F) Approval to request bids - Fire Department computer equipment (G) No parking signs - Bank Street from Atlanta Road to King Street John Steely made the motion that items A, B, C, D, F, and G be approved. Bob Davis seconded the motion. Approved 7-0. John Steely made the motion that Item E be approved. Jim Hawkins seconded the motion. Approved 5-0 Kathy Jordan and Jack Shinall abstained. September 17, 1990 meeting - continued COUNCIL INPUT: Bob Davis asked Ken Hildebrandt about the traffic lights on Concord Road. Ken stated we were still having some problems but they should be worked out in a week or so. Wade Lnenicka announced the Friends of the Library would be having a book sale at the Festival this weekend and asked that everyone support the library. Bill Scoggins commented that the recycling would benefit us all. Kathie Barton said there were twelve organizations who had volunteers picking up litter last Saturday. They collected 122 bags of litter along South Cobb Drive. The fine for littering has been increased to $300. Jonquils (King Alfred Bulbs) will go on sale the 1st of October at a cots of $12.50 per hundred. Bill Scoggins commended the children as well as the adults who picked up litter last Saturday. Sherry Reavis said the Arts and Crafts Festival will be September 22 from 10:00 a.m. to 6:00 p.m. and asked that everyone come down and enjoy themselves. Rain date for the Festival is Sunday, 9-23, from 1:00 p.m. to 6:00 p.m. Concert in the Park will be September 28 with the Bill Atkins Band performing, you can either bring your own food or purchase it here. Flea Market will be October 6 from 10:00 a.m. to 6:00 p.m. here on Bank Street. Cost is $10 per booth. Bill Scoggins expressed concerns about the number of dogs running loose in the city. People have been walking their dogs on leashes but turning them loose on school yards and it is particularly noticeable on Saturdays and Sundays. Feels leash law signs should be posted in the city. Wants council to find ordinance that says we have a leash law. Mayor Bacon suggested putting a flyer in with the water bills stating that the leash law is in effect. Jim Hawkins stated that areas 2 and 3 of the recycling pilot program are in Ward 4 and this will not become effective until January 1, 1991. Citizens will be receiving instructions about how the program will work. No additional costs to the city residents. Hopes we can learn from this. Doesn't want them to feel apprehensive about it. We will be forwarding this information to them in the near future. Jim said he had been getting complaints about too many cats in the City running loose. Was told the animal control officer could provide kitty catchers with bait to catch cats. Cats could be caught and taken to the pound. Kathy Jordan read a letter of commendation for Sam Wehunt from Dekalb College stating he had maintained a cum GPA of 3.8 and earned his degree in Fire Science. Kathy also wanted to thank everyone for their prayers for Lee, her husband, who had open heart surgery recently. John Steely mentioned that Sara Lindley had brought some ballots to select the most popular driver and Bill Elliott was on the ballot. Stan Hook said he had 6 new officers. The DUI Task Force goes into effect October 1. Motorcycles have hand held radar units and can go where cars cannot go. Dave Farmer has been looking for a driver to present the safe driver award to but can't find one. John Steely commended Stan Hook for the fine job his department is doing. Steve Ciaccio has two new hires in Communications. There is a 6% increase in calls over August of last year. Cautioned parents to educate their children as to the proper use of 911. 911 has received several prank calls to 911. Mayor Bacon recognized Sue and Larry Brissey in the audience and thanked them for cleaning up the intersection of Concord Road and Hurt Road. September 17, 1990 meeting - continued With no further business, meeting was adjourned at 8:57 p.m. A. MAX BACON, MAYOR BOB DAVIS, WARD 1 2zA zzz BILL SCOGGINS, WARD JACK SHINALL, WARD 5 &a..) L4� &"L WADE LNENICKA, ",•D r% PFA