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02-04-1985 Regular Meeting (2)February 4, 1985 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on February 4, 1985. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Parks and Recreation Director Sherry Reavis, Public Works Director Vic Broyles, Assistant City Clerk Melinda Dameron, Emergency Management Director Jim Farley, Building Inspector Scott Stokes, Librarian Doris Morris and representatives of the press. Invocation was given by Jim Hawkins followed by the pledge to the flag. Citizens Reports: Fred Bostick asked about the appointment of the Fire Chief but Mayor Bacon stated it was on the agenda for approval tonight and would not allow any discussion. Eddie Vonic reminded everyone of the Blood Drive on February 18th at the First Methodist Church. Rezoning: Billy Askea, Jimmy Freeman and Lyn Gause requested rezoning of 33.075 acres in Land Lots 600, 601 and 625 from R-20 to RM-10 Condominiums. There was a large group in opposition and representatives of both sides were sworn in by Attorney Camp. John Denny represented the applicants and presented a letter to �-+ be filed with the Clerk. Mr. Camp stated that council should accept the letter (L under advisement and neither accept or reject it at this time. Mr. Camp said this was an amendment to the applicaiton and may not be timely filed (copy to be made a part of these minutes). Mr. Denny said they had met with the homeowners in the area and tried to work out an agreement which would still be economically feasible. They worked with their engineers in an attempt to utilize the property for single family detached houses but this type development would only allow 2 units per acre due to the topography of the land. Therefore, the only feasible use is for condominiums. They would be willing to reduce the density to 8 per acre but could not go any lower because it would not be economically feasible. Max Bacon said at their last meeting with the homeowners they had agreed to 4 units per acre and he felt like they had misled the people. Mr. Denny said that was not their intention; some of the people had indicated they would agree to that and some did not. Max Bacon said the ingress and egress to the property was also a big concern. Mr. Denny said they would like to have better access to the property and realize it is not a good spot, but it is the only available access at this time. The ingress and egress will be from Ridge Road, next to Argo Road. Mr. Denny said they realize the topography of Ridge Road is not good and they would like a better site, but felt the zoning should not be denied on availability of access to the property. Max Bacon asked about water and sewer service and Mr. Denny said they had checked, and lines were available. Max Bacon said he understood one of the lines was okay but there was a problem with the line behind Kingstowne Apartments which was found to be blocked with debris and asked if they would be willing to bear the cost of cleaning the line. Jim Belk with Welker & Associates was called for a report on the line and was sworn in by Attorney Camp. Mr. Belk said they were asked to look into the sewer lines in the vicinity of this property. They found an 8" line off Cedar Cliff Drive that appeared to be in pretty good condition. Further downstream they found some debris which was obstructing the flow, and would have to be cleaned out. Mr. Belk said he did not know what the cost would be to clean the line, but it needs to be taken care of before development begins. Foster Yancey also representing the applicants said they were willing to do anything that any other developer would be required to do, but they had checked with the county and know sewer is available to the property. Mr. Yancey said these units would sell from $70,000 to upper $80,000 with the lower priced units being adjacent to the apartments and hospital. The development would be properly buffered so that the impact on the residential area would be negligible. The buffer would vary on the topography of the land and some conditions may require 50 or 60 feet. Joel Harrell represented the Smyrna Area Homeowners Association in opposition and stated in June 1983 this property was denied for apartment development. The RM-10 was some better, but within a one mile radius there are over 900 multi -family units either complete or under construction. Mr. Harrell said this development was not compatible with the surrounding area and would negatively affect property February 4, 1985 - Continued values of homes in the area. Traffic is always a major problem and this would only worsen a bad situation on Ridge Road since this development would generate an additional 425 cars. An additional concern was the entrance which will be situated at a dip in the road with curves in both directions. Mr. Harrell also stated it would mean an increase in city services including water, sewer, sanitation and police and fire protection. Mr. Harrell said he thought the developers were under- estimating the growth of Smyrna and they could see no reason why single family homes could not be built on the property. Bill Thornlow, president of the Cedar Cliff Neighborhood Association spoke and said they had met several times with the proposed developers and there was no real interest by them in reaching a compromise. They felt this was spot zoning and would adversely affect their investment. Doctor Patterson spoke and said he was concerned with the ingress/egress to the development because visibility is extremely limited at this location. This portion of Ridge Road has been improved as much as it can be because of a very large water line under the road which cannot be moved. Paul Argo also spoke in opposition and said he, too, was concerned with the access to the property. Mr. Argo read a letter from Doug Hefty, Cobb County Traffic Engineer, asking that the City not approve this zoning because of the road conditions. After further discussion, Max Bacon made a motion the zoning be denied for the following reasons: 1) The ingress and egress for this property would be through R-20 zoning which is a natural part of the surrounding R-20 subdivision. 2) The additional traffic generated by this development would require road improve- ments which the City of Smyrna has not allocated funds for. The addition to congestion would also create an undue traffic hazard for this residential area along Ridge Road. This development would cause the necessity for improvements to the road at the intersections of Ridge and Atlanta Road and Ridge at South Cobb Drive, and further improvements with Ridge Road at the access to the property. All the above mentioned improvements would have to be at the county's specifications and design. A traffic signal would be absolutely required. 3) Because of access to the property through some of the nicer neighborhoods in the City the zoning would be tanamount to putting condominiums in the center of a single family residential neighborhood containing some of the higher quality homes in the county which would greatly adversely affect the value of surrounding property holders. i 4) Applicant has not shown that the property is economically unsuitable for the, use it is presently zoned for; and to the contrary, single family residences are built adjacent to the subject property. 5) This zoning would have an adverse affect on the general welfare, health and safety of the existing citizens of the area. James Williams seconded the motion. Jack Shinall said he would support the motion because of the safety aspects and also because the developer did not present a plan to blend the zoning from Kingstowne Aparatments to Ridge Road. Vote on the motion carried 6-0. Appointment of Fire Chief: Hugh Ragan said this appointment was one of the most difficult decisions he had ever been involved in. There was strong support on each side and they knew they could not please everyone, but they had tried their best to do what they thought was the best for Smyrna. Hugh said that Hubert Cochran has been a dedicated employee for 29 years and has many friends in Smyrna. During the last 3 to 31 years he has held his head high and done his job as a man. Hugh said we all owe him a debt of gratitude; however, they feel the citizens are entitled to the best Fire Chief we can find. The person selected is experienced, energetic and a man of vision. Hugh Ragan made a motion that Larry Williams be appointed Fire Chief, seconded by Kathy Brooks. Jim Hawkins said he intended to vote against, the motion. This was a very difficult decision and knew they felt what they were doing was for the best. Jim said he believed Hubert Cochran should be Chief; he has done an admirable job and we owe him a debt of gratitude. Jack Shinall also said this has not been easy; it was a tough decision that had to be made. At first he thought maybe Hubert was not the man for the job but he is qualified and has pprog=.s- February 4, 1985 - Continued ressed over the last 3 years. Jack stated that based on all information avail- able, he would not support the motion. Vote on the motion carried 4-2, with Jim Hawkins and Jack Shinall opposed. Privilege License: William Owens Somers requested a transfer of the liquor, beer and wine package license for Red Dot Package Store, Inc. at 3809 South Cobb Drive. There was no opposition. Mr. Somers said he was familiar with our ordinances and has been the manager of the store the past 3 years. He also was familiar with the problems the former license holder had concerning sales to minors. Chief Little stated they have had no problems since Mr. Somers took over and the police investigation was favorable. Kathy Brooks made a motion the license be approved. Jack Shinall seconded the motion which carried 6-0. Variance: Kay Johnson requested a variance to widen her driveway and enclose a portion of it to within 2 feet of the adjoining property line at 1855 Tecumseh Trail. Ms. Johnson was not present but Max Bacon read a letter from the adjoining property owner stating they had no objections to the enclosure. There was no opposition and Max Bacon made a motion the variance be approved. James Williams seconded the motion which carried 6-0. Moratorium: Max Bacon said all the information requested concerning the 90-day moratorium on multi -family zonings had not been received. They did receive a recommendation and letter from the School Board indicating attendance, capacity, etc. The information requested from the State Department of Transportation is also complete; however, they still are waiting on information from the county concerningroads and would like to wait to see how the new count bond issue will Y affect this area. Max Bacon made a motion the moratorium be extended another 60 days until Hensley -Schmidt compiles the information concerning the bond issue. Jack Shinall seconded the motion which carried 6-0. In regards to the moratorium on multi -family and. commercial variances, Jack Shinall said the primary portion of the information they were working on is being developed by Hensley -Schmidt. The county is considering changing a large portion of their zoning package including setback requirements. Hopefully, we will have most of this information back by the next meeting. Jack Shinall made a motion the moratorium on variances be extended until the next council meeting, February 18th. At that time if the information is available and has been reviewed we can, act; if not, we may have another extension. Jim Hawkins seconded the motion. Jack Shinall said the moratorium is for multi -family and commercial only and single family residential detached units are not a part of the moratorium. Also, applications for variances will be accepted in case of an absolute hardship. Vote on the motion carried 6-0. John Corey, owner of Mom and Pop's Food Store on Windy Hill Road stated he would like to improve the pole and sign at his store but cannot because of the moratorium on variances. Mr. Corey said he needs to relocate the sign pole which has been grandfathered into the City right of way and urged council to consider his request. Commercial Building Permits: Commercial building permits were presented by Inspector Scott Stokes and recorded as follows: 1) Dr. Cabot requested a building permit to remodel his office at 3903 South Cobb Drive at a total estimated cost of $30,000. Jack Shinall made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jim Hawkins seconded the motion which carried 6-0. 2) Halpern Enterprises requested a building, permit for remodeling at 1022-18 Cherokee Road at a total estimated cost of $5,000. Kathy Brooks made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. 3) Moran and Company requested a building permit for tenant space at 4400 Highland Parkway at a total estimated cost of $60,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jim Hawkins seconded the motion which carried 6-0. Bid Opening: Bids for the relighting of Jonquil Park #1 ballfield were opened and recorded as follows. Jim Hawkins said we need to get started on this right away to have the field completed in time for opening day of softball and requested that the bid be awarded tonight after being reviewed by the Parks staff. February 4, 1985 - Continued 1) Hunter-Knepshield $13,239.85 2) L&L Lighting $ 8,340.00 3) Musco Sports Lighting $12,945.25 4) Lewis & Wiley $ 9,500.00 Bid Opening: Bids for a dump bed for a Parks Department truck were opened, read and recorded as follows: 1) Interstate Truck Equipment $2,350.00 2) Truck Transport Equipment No bid 3) Republic Truck Equipment $2,929.00 4) Fontaine Truck Equipment $2,495.00 Jim Hawkins made a motion the bids be turned over to the Parks Committee with their recommendation back at the next meeting. Jack Shinall seconded the motion which carried 6-0. _ Bid Award: Jim Hawkins made a•motion the low bid of $8,340.00 be awarded to .L&L { Lighting for installation of the new lights at Jonquil Park field #1. Kathy Brooks seconded the motion which carried 6-0. Bid Opening: Bids for a new pickup truck for the new City Engineer were opened, read and recorded as follows: 1) Fouts Brothers $6,577.00 2) Wade Ford $7,436.88 3) Beaudry Ford $6,500.00 4) Capital Ford $7,918.82 Hugh Ragan made a motion the bids be turned over to the Engineering Committee with authority to purchase the low bid, seconded by Jim Hawkins. Max Bacon stated he would prefer to do business with local vendors since there was only $77 difference in the two low bids. Vote on the motion carried 6-0. Bid Award: Hugh Ragan made a motion the Emergency Outdoor Warning System equipment be purchased from Harolds Sales & Service, the low bid at $4,450.00. Kathy Brooksl seconded the motion which carried 6-0. Bid Award: James Williams made a motion the installation of the water line on Atlanta Road be awarded to Lovern Construction and paid from the Water & Sewer Revenue fund subject to approval of the underwriters of the bond. Jack Shinall seconded the motion which carried 6-0. Approval of Proposal: Jack Shinall stated the Finance Committee had received several quotations for a new sound system for the council chambers and it was their recommendation that Audio -Tech be awarded the bid to replace the entire sound system and outside speakers. Their proposal was for $4,614 but we do not know the exact cost of the speakers. Jack made a motion the bid be awarded to Audio -Tech at a cost not to exceed $5,000 to be charged to General Fund Contingency. Jim Hawkins seconded the motion which carried 6-0. Charter Amendment: Jack Shinall read a proposed amendment to the Charter as follows: Be it resolved that the Clerk is hereby authorized to advertise for publication in the local newspaper in accordance with the Home Rule provisions of the Consti- tution of the State of Georgia the following amendment to the Charter of the City of Smyrna. A resolution to amend the Charter of the City of Smyrna, to provide for Homestead Exemption from certain taxes for citizens of the City 65 years of age or older under certain conditons and as to amount of such exemptions, to delete any limitation P& February 4, 1985 - Continued by reason of length or period of residency during prior years, to repeal all acts -� or ordinances in conflict therewith, and for other purposes. I BE IT HEREBY RESOLVED, that the Charter of the City of Smyrna, Article VII, Divison 5, Homestead Tax Exemption, Section 78 AUTHORITY TO GRANT be amended so as to read as follows: The Mayor and Council of the City of Smyrna shall be authorized to exempt from taxation by the City of Smyrna, for the year 1985 and subsequent years, except for school purposes and to pay interest and bonded indebtedness, the homestead of each resident of the City of Smyrna, who is 65 years of age or older, in an amount not to exceed $4000, provided such residence is actually occupied by the owner as the owner's principal residence. All laws, acts, or ordinances or parts thereof in conflict with these provisions are hereby repealed. Jack stated there also has been some question as to joint ownership and read the following Policy: BE IT RESOLVED that upon passage of the 1985 amendment to the Charter, of the City of Smyrna, dealing with Homestead Exemption for residents 65 years of age or older, -^� it shall be declared the policy of the City, that for such ad valorem tax purposes within the City, in the event the residence for which such exemption is sought is owned by husband and wife under any recorded form of fee simple ownership, the qualification of one spouse shall serve to qualify the whole of the property for such exemption. Jack Shinall made a motion the Clerk be authorized to advertise the Charter amendment as previously read. Max Bacon seconded the motion which carried 6-0. Jack Shinall made a motion the Policy statement also be approved as read. Max Bacon seconded the motion which carried 6-0. Approval of Minutes: Max Bacon made a motion the minutes of January 7 and 23 be tabled to the next meeting. Hugh Ragan seconded the motion which carried 6-0. Bid Request: Jim Hawkins made a motion bids be requested for swimming pool chemicals to be opened the next meeting. James Williams seconded the motion which carried 6-0. Bid Request: Hugh Ragan made a motion bids be requested for a 9 passenger vehicle for Emergency Management, to be opened the first meeting in March. James Williams seconded the motion. Mr. Farley was asked if he plans to surplus any vehicles and he stated this would replace a vehicle sold at the last auction. Mr. Farley said he would hate to turn over any of the other vehicles because they all have specific purposes, but he would look into eliminating at least one after discussing it with the committee. Vote on the motion carried 6-0. Bid Request: Jim Hawkins made a motion bids be requested for a new vehicle for Parks and Recreation to be opened at the next meeting. Jim said they would be surplusing a vehicle and this is a budgeted item. Max Bacon seconded the motion which carried 6-0. Bid Request: Hugh Ragan made a motion bids be requested for hazardous material response equipment for Emergency Management, to be opened the next meeting. Jim Farley said this was primarily protection equipment and his department is planning to implement an inter -departmental response team from Emergency Management, Fire and Police personnel. James Williams seconded the motion which carried 6-0. Approval of Douglas County EMC Contract: Jack Shinall stated the Douglas County EMC would be servicing a portion of the Highlands Park development and this was a franchise agreeement with the City of Smyrna. The contract originally was for 35 years but has been amended to 15 years. Jack Shinall made a motion the contract be approved with the stipulation that we send a letter to Douglas County EMC urging` them to work with all persons that presently use the franchise areas that would lie in this boundary. James Williams seconded the motion which carried 6-0. Appointment: Jim Hawkins made a motion that Sarah Jones be appointed as Election Superintendent for the special election to be held February 19, 1985. Hugh Ragan seconded the motion which carried 6-0. February 4, 1985 - Continued Mayor Bacon stated at the present time a good percentage of our water customers are on sewerage, but are not paying for it. He had contacted Welker & Associates about smoking the lines in certain areas to determine exactly how many are not actually on city sewerage. Mayor Bacon said we also need to draw up an ordinance where we can fine plumbers for tying onto the city lines without' paying the tap fees. Welker & Associates estimated that it would cost from $5,000 to $10,000 to smoke the lines and would take about 25 to 30 working days to complete. Max Bacon said he thought that was a lot of money to spend and asked why we couldn't send letters to these people asking them to show proof that they have paid for a sewer tap, if not they will be billed. Mr. Camp said there are two different issues involved; one is people that are on the sewerage and not paying the monthly rates and the other is people that have not tapped on. After further discussion, Jim Hawkins made a motion Welker & Associates be authorized to smoke the lines, to be paid from the E&C Fund, seconded by James Williams. After discussion the motion was amended to allow Welker & Associates to smoke the lines after a 30 day period to allow enough time to send a letter to those not paying sewerage. Vote on the motion and amendment carried 6-0. Committee Reports: Jack Shinall stated the new Reagan budget does not include Revenue Sharing and most of the new vehicles we have purchased are purchased through Revenue Sharing. This is the only no strings attached money we receive from the Federal government. It is important to this City and Jack urged everyone to contact their Congressman abouteke(�.ping thisc!apportionment. (Parks) Sherry Reavis reported on upcoming events in the.Parks Department. Jim Hawkins welcomes Mike Hutchinson, the new engineer and stated he would be an asset to the City. Jim Hawkins stated he was disappointed on the vote for the Fire Chief tonight and he had strong feelings about the appointment. However, every member of council needs to get behind the new chief and support him. Jim said we could have the finest Public Safety department in the area and he would support the new chief and do everything he could to help. Jack Shinall also stated he would be behind the new chief 100%. James Williams said this appointment was a very emotional thing and a big decision for him to make. He felt that in 1983 Mr. Cochran was not given equal consideration, but this time he was convinced that the Civil Service Board did an excellent job. James said he has always supported Hubert Cochran and will continue to do so. However, when he took office he was charged with making the best selection for the City. With no further business, meeting adjourned at 9:32 p.m.