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10-15-1990 Regular MeetingOctober 15, 1990 The regular scheduled meeting of Mayor and Council was held October 15, 1990 at :Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Protem Jim Hawkins. All council members were present. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp; Parks and Recreation Director Sherry Reavis, Police Chief Stan Hook, Library Director Laurel Best, Finance Director Emory McHugh, Public Works Director Vic Broyles, Communications Director Steve Ciaccio, City Engineer Ken Hildebrandt, Community Relations Director Kathy Barton, Fire Chief Larry Williams and representatives of the press. Invocation was given by York Chambless followed by the pledge to the flag. Mayor Protem Jim Hawkins stated that Mayor Bacon as out of town for a few business attending a seminar for Postmasters. Mayor Protem Hawkins recognized Ted Reed, candidate for the House of Representatives in the November 6th election. CITIZENS INPUT: John and Lamar Dickson asked for an explanation from council regarding the variance granted to Mr. C. R. Shah on December 18, 1989 for the A-1 self storage facility behind Dickson Shopping Center. Lamar Dickson stated the variance was given to remodel the existing building on a zero setback line without his knowledge or approval as the adjacent property owner. Jim Hawkins said Mr. Dickson had contacted him earlier this week about this problem and a stop work order had been issued to Mr. Shah until it could be discussed with the City Attorney. It was his recommendation that there was no legal reason to stop Mr. Shah; he had a variance granted to modify the building on the existing zero setback line and it is a courtesy rather than a requirement to notify or get approval from the adjacent property owners in a variance. Mr. Shah had also submitted a new set of building plans showing demolition of the existing building which were approved by the building inspector. Mr. Hawkins said this matter would obviously end up in litigation and could only act on the advice of legal counsel. The original building in question was built by the Dicksons several years ago on a zero setback line. Mr. Shah bought the building from them and there was no opposition to the variance or remodeling when it was approved December 18th. After that, his engineer had apparently told him he could not remodel because the walls would not support a roof and for that reason he had to tear it down. The new building will be in the same footprint of the original building and no closer. John Dickson said he was putting the City on notice that he was building a road on his property in the near future and Mr. Shah's building would crumble as a result. PUBLIC HEARINGS: (A) Annexation of James E. Freeman property - 7.20 acres in Land Lots 684 and 685 There was no opposition to the annexation and John Steely made a motion the property be annexed into the City and made a part of Ward 7, the legal description being read into the minutes of the September 17th meeting. Bill Scoggins seconded the motion which carried 6-0. (B) Variance request - front yard setback at 2050 Spring Road John Patterson stated that Ms. Billie Allen Copeland has requested a reduction of the front yard setback from 50 to 30 feet to allow a garage addition to the front of her home at 2050 Spring Road. There was no opposition. Ms. Copeland said over the last few years her vehicle has been vandalized several times and recently her new car was broken into. Spring Road is heavily traveled and other neighbors have had similar problems. Ms. Copeland said there was not sufficient room on the west side for an addition and the topography on the east side would cause quite an expense for any type of construction. Also, it would not allow room for passage of emergency vehicles. Bob Davis said he thought any eventual widening of Spring Road would take additional right of way from the north side and have no affect on this property. Mr. Davis made a motion the variance be granted. Bill Scoggins seconded the motion which carried 5-1, with Wade Lnenicka opposed. October 15, 1990 meeting - continued (C) Rezoning request -Future Commercial to Limited Commercial at 991 Concord Road John Patterson stated that Dr. Joel L. Desaulniers is requesting the rezoning of this property to be leased for a doctors office. There was no opposition and the Planning and Zoning Board had recommended approval. John Steely said the Planning and Zoning Board had recommended a joint curb cut with owners of the property on the east side and asked if that could be done. Dr. Desaulniers said he had talked to the owner and he is not opposed, but was concerned that it might cause some problems since his drive is marked for exit only, and a joint curb cut would allow ingress and egress from the other business. Dr. Desaulniers said his office was on the corner of Concord and Evelyn Street, with his only access from Evelyn Street. He did not think it would be reasonable to lease the office in question tonight and expect the tenant to use his curb cut from Evelyn Street when a curb cut already exists for that property. Mr. Steely said the City is trying to eliminate some of the curb cuts along Concord Road because they are dangerous. Jim Hawkins said Cobb County is recommending the elimination of many of these curb cuts in their long-range planning study and hoped that could be a part of the motion, to move the entrance for this property to be contiguous to the exit of the property to the east, by changing his parking if needed. Mr. Hawkins asked Dr. Desaulniers if he would also be agreeable to extending the privacy fence on the back property line and Dr. Desaulniers said would agree to that. Wade Lnenicka said he was concerned that we may be creating an unsafe condition by joining the two curb cuts because cars entering will be on the left side and those leaving will be on the right side, opposite the normal traffic pattern and asked Ken Hildebrandt for his recommendation. Mr. Hildebrandt said he could see a possible conflict but there are other ways to remedy the problem with an island, restriping or reconfiguration of the driveway. After further Jim Hawkins said we could not force Dr. Desaulniers to put the curb in another location, but would highly recommend that he work with our City Engineer to join the two driveways as discussed. Mr. Camp said council could change the location of the curb cut with the zoning, and could not deny the curb cut that is there. Wade Lnenicka said he had no objection to the change in zoning from Future Commercial to Limited Commercial but was concerned with the unsafe condition that may be created from combination of the two driveways and felt an entrance from Dr. Desaulniers property at Evelyn Street would be more acceptable. After further discussion, John Steely made a motion the zoning be approved pending_ approval of the City Engineer on the location of the curb cut. Bill Scoggins seconded the motion which carried 4-2, with Wade Lnenicka and Jack Shinall opposed. (D) Variance request - front yard setback at 991 Concord Road John Patterson stated a variance is also needed for Dr. Desaulniers property to reduce the front yard setback; from 50 to 31.5 feet as a result of the widening of Concord Road several years ago. There was no opposition and John Steely made a motion the variance be approved. Wade Lnenicka seconded the motion. Jack Shinall moved that the motion be amended to require that if the building is ever removed, the property must meet all requirements of the Limited Commercial zoning. John Steely seconded the amendment. Vote on the amendment and main motion carried 6-0. FORMAL BUSINESS: - (A) Amendment to Code sections 402 and 501 - satellite dishes Bob Davis said this amendment was tabled at the last meeting and since that time the ordinance was modified slightly to increase the maximum height allowed and to restrict the satellite dish use to those constructed of black wire mesh. Mr. Davis made a motion that Code section 402 and 501 be modified to include the regulation of satellite dishes. Those in existence now will be grandfathered and not required to be removed unless they are in front yards. October 15, 1990 meeting - continued John Steely seconded the motion which carried 6-0. (B) Approval of 6 month moratorium on RAD zoning category John Patterson stated there has been a lot of discussion recently regarding the residential attached/detached code section. Cobb County now has a moratorium on the RAD category and have offered some assistance clarifying some specific regulations in this section. It is recommended that a 6 month moratorium be put into effect with no further applications accepted during that time period. Jack Shinall said he did not personally know if the RAD category had a place in the City and made a motion that a 6 month moratorium be approved to study the category to allow Mr. Hildebrandt to bring back a recommendation that would either make the category more palatable or deleted completely. The moratorium, of course, would not affect any applications that are pending. Bob Davis seconded the motion which carried 6-0. (C) Amendment to pawn shop ordinance John Patterson stated that some time ago an application was made for a title exchange business license. Our license code had no provisions for a business category such as that and for that reason the pawn shop ordinance modification is presented that would allow titles to be exchanged on pawn, and to prohibit any on -site storage of vehicles. Bill Scoggins said the pawn shop ordinance now gives the authority to pawnbrokers to handle titles but these minor revisions to that ordinance will address specific issues related to title exchange. Bill Scoggins made a motion that sections 14-43, 14-48 and 14-63 be amended to include title exchange. Wade Lnenicka seconded the motion which carried 6-0. (D) Establish fees for adult entertainment licenses John Patterson said at the last meeting, the adult entertainment ordinance was adopted and it is now necessary to establish a fee. Business license fees are generally based on the demand for service that the particular business burdens the City with, such as sanitation, police and fire protection. This fee tonight is no exception and is in line with others found in our code that might require a good deal of supervision. Bill Scoggins said this fee is in line with others and made a motion the adult entertainment establishment fee for the 1990 business licenses be set at $3,500 which includes investigation fees. Bob Davis seconded the motion. Wade Lnenicka said he would like to continue to research other municipalities and could not imagine that $3,500 would be sufficient for long term policing and monitoring. Vote on the motion to approve carried 6-0. (E) Bid opening - rescue unit for Fire Department Bids for a new rescue vehicle were opened, read and recorded as follows: National Sales & Service Harolds Sales & Service Fouts Brothers Wade Ford no bid $52,434.00 $52,724.44 $48,469.44 alternate $33,345.87 Kathy Jordan made a motion the bids be turned over to the Fire Committee for their recommendation back to full council. Wade Lnenicka seconded the motion which carried 6-0. (F) Validate petition to annex property at 2706 Cobb Parkway John Patterson stated that Havili Indian Cuisine has requested annexation of their property on Cobb Parkway. Attorney Camp 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 October 15, 1990 meeting - continued being described as follows: All that tract or parcel of land lying and being in Land Lot 879 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at. a point on the westerly side of Cobb Parkway, said point being 837 feet from the northwest intersection of Cobb Parkway and New Spring Road; from said point of beginning running southwest a distance of 304.6 feet; thence northwest a distance of 110 feet; thence northeast a distance of 304.6 feet to the westerly right of way of Cobb Parkway; running thence along the westerly right of way of Cobb Parkway a distance of 110 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/NITIN KASHIPAREKH Bob Davis made a motion the petition be validated and the public hearing set for November 19, 1990. John Steely seconded the motion which carried 6-0. (G) Approval of Civil Service Fire Department guidelines and rank structure John Patterson said there has been some discussion regarding the rank structure in the Fire Department. The Civil Service Board and Fire Chief have prepared a rank structure outline and necessary requirements to achieve rank. Kathy Jordan said this matter came to council in 1987 and for some reason it was postponed and never brought back. A letter has been presented from Civil Service saying these are the guidelines they have been using since 1987 and they support adoption by council. Kathy Jordan made a motion the guidelines and rank structure be approved as submitted. $ill Scoggins seconded the motion. Wade Lnenicka said this is good for now but we are looking at a career ladder for the Fire Department which will include other changes that will be very beneficial when it is adopted. Vote on the motion carried 6-0. (H) Revision to Municipal Court Bond Schedule John Steely said our bond schedule was recently compared with others in the surrounding area and the revisions tonight will bring our fines more in line with other municipalities and counties. Mr. Steely made a motion the schedule be approved as submitted. Kathy Jordan seconded the motion which carried 6-0. IitIIMAft lvr]ITIC (A) Lap top computers for Fire Department Kathy Jordan made a motion the bid for lap top computers be awarded to the low bidder, Advanced Electronics at $12,483.13. Wade Lnenicka seconded the motion which carried 6-0. (B) Press box at Cobb Park Bill Scoggins made a motion the press box construction be awarded to the low bidder, Cobb Home Improvement for $7,986.96. John Steely seconded the motion which carried 6-0. (C) 4-wheel drive vehicle for Fire Department Kathy Jordan made a motion the 4-wheel drive vehicle for the Fire Department be awarded to the low bidder, Wade Ford at $17,211.00. Bill Scoggins seconded the motion which carried 6-0. (D) Radio system modifications for Fire Department Kathy Jordan made a motion the radio system modifications be awarded to the low bidder, Loudon Communications at $1,450.00. Wade Lnenicka seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: October 15, 1990 meeting - continued (A) Ed Thomas requested a permit for construction of a 4000 square foot metal building for manufacture and distribution of ice at 1687 Smyrna Roswell Road at a total estimated cost of $100,000. Bill Scoggins made a motion the permit be approved subject to approval of the construction site plans. John Steely seconded the motion which carried 6-0. CONSENT AGENDA: (A) Approval of October 1, 1990 minutes (B) Approval to purchase 1990 Ford Taurus for Police Department (C) Approval to request bids for two police cars (D) Approval to request bids for new fire station construction (E) Approval to surplus equipment for auction (F) Approval of LARP Contract, LAU20-8530-65(67) 9 streets, 3.712 miles Kathy Jordan made a motion the consent agenda be approved. John Steely seconded the motion which carried 6-0. COUNCIL INPUT: Chief Stan Hook reported they had turned in 30 DUI's the first 14 days of this month with about half of those from the DUI task force. Kathy Jordan said she was very pleased that we are ready to go out for bids on the new fire sub -station and was proud of the progress the City has made. Bill Scoggins thanked council for the new light recently installed on Atlanta Road at Hawthorne and called on Sherry Reavis and Kathy Barton for reports. Wade Lnenicka called on Laurel Best for a report from the library. Bob Davis asked Vic Broyles to check on the re -seeding for Highland Drive homes now that curbing is„completed. Jim Hawkins thanked the department heads for attending the meetings, their input is very informative and adds a great deal for those who are watching at home. Mr. Hawkins also recognized Katherine Scott, candidate for the Eastern District commission seat. With no further business, meeting adjourned at 9:02 p.m. _0 TI Ro KATHY BROOKS JORDAN, WARD 6 ASSISTANT FIRE CHIEF I, James Bivins , do solemnly swear that I will well and truly demean myself as Assistant Fire Chief of the City of Smyrna for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my ability, without fear or favor, and in all my actions as Assistant Fire Chief, act as I believe for the best interest of the said city. So help me God. /mes Bivins Sworn to and subscribed before me this 5th day of November, 1990. 7 A. Max Bacon, Mayor