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04-18-1988 Regular MeetingApril 7, 1988 - continued PARADE PERMIT - RHYNE PARK SOFTBALL Jim Hawkins made a motion the parade permit for Rhyne Park Softball be approved for April 16 subject to approval of the police department. Wade Lnenicka seconded the motion which carried 6-0. Jerry Mills made a motion the alcoholic beverage license appeal by Joong Jae Lee be denied since there was no new evidence presented for consideration tonight. Jim Hawkins seconded the motion which carried 6-0. With no further business, meeting adjourned at 8:19 p.m. A. MAMBA O , O� MEL INDI DAMEROJ, TY CLERK BOB DAVIS, WARD 1 WADE, LNENICKN, WARD 2 11 'f, L �� Z-_ y�IIYA t r April 18, 1988 The regular scheduled meeting of Mayor and Council was held April 18, 1988 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, City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Don Pope from Smyrna Baptist Church, followed by the pledge to the flag. Bob Betenbaugh read a proclamation for "Kids Now" Week and presented it to Bobbie Blades, manager of Cobb Center Mall. Mayor Bacon also introduced Claudia Crim in the audience from Buddy Darden's office and welcomed her to the meeting. CITIZENS INPUT: Nothing to report. DEPARTMENT REPORTS- and Fire Departments. PUBLIC HEARINGS: Reports were given from Community Development, Library, (A) Management change for package beer and wine license - A&P Food Store, 2412 Atlanta Road. John Patterson said that Wallace Howard Perkins has submitted an application as the appointed agent for A&P. The original license for this location was issued in 1975. The police investigation was favorable and there was no opposition. Mr. Perkins said he was the Controller of the southeast region for A&P and understood that as the license holder, would be responsible for any violations. Mr. Perkins said he understood the City ordinance and employees of the store were instructed to request identification from anyone who appeared to be under age and they stress the importance of operating within the law. Jack Shinall made a motion the management change be approved as requested. Bob Betenbaugh seconded the motion which carried 7-0. (B) Annexation of 2.10 acres on Pat Mell Road. ti April 18, 1988 - continued John Patterson said that C. J. Fouts had requested the annexation of these two parcels on Pat Mell Road which they thought was already inside the City. The legal description was read at the March 21, 1988 meeting and it has been properly advertised. Kathy Jordan made a motion the property be annexed into the City to become a part of Ward 6. Jim Hawkins seconded the motion which carried 7-0. (C) Rezoning request - 9.9 acres at South Cobb Drive and King Springs Road from Future Commercial to General Commercial. There was no opposition to the rezoning and at the written request of the applicant, Goble Bryant, Bob Betenbaugh made a motion the rezoning be tabled. Bob Davis seconded the motion which carried 7-0. (D) Medlin Street closing at Aline Wolfe Drive. John Patterson said Mr. John Harrison represented himself as the president of the condominium homeowners association at the end of Aline Wolfe Drive known as Oakridge Manor and sometime ago requested that the street be closed. Apparently there is a lot of traffic that goes through the complex using the dumpsters, littering, speeding, etc. The hearing tonight has been advertised and posted. There was a small group for and against the closing and six people were sworn in by Attorney Camp. Jim Hawkins said this hearing tonight was brought by an action of the homeowners association of Oakridge Manor Condominiums, Mr. John Harrison. Jim said it was common knowledge that the street was built with city funds several years ago. Medlin Street formerly was a dead end and when it was opened up it was a controversial issue; many residents did not want it open. It has always been regarded by everyone as far as the City is concerned as a dedicated city street. In talking with the City Attorney, Jim said he had been advised that a street cannot be closed if there are objections during the public hearing from people who use it. Mr. Camp said basically that is correct; if they have no other access and have used the street over a period of time, you cannot close the road. Jim said he did not really care if the street was opened or closed; when the apartments were built they put a great deal of pressure on the City to open the street and now that the same apartments have been converted to condominiums they are now putting pressure on the City to close it. Linda Wingert said she had lived at Oakridge Manor Condominiums for one year and she had always been told that the City would not even put up a street sign for them because it was private property. They have a problem with people coming into the complex filling up the dumpsters and have to call the police. Mrs. Wingert said they wanted the street closed. Bonnie Cox said she was a board member of the association and was representing John Harrison tonight. Ms. Cox said they are awakened in the middle of the night by loud car radios, speeding cars, and beer cans and bottles being thrown out. She was told 10 or more years ago when she moved there that it was a private street and they have always maintained it; even paying a private company to fill the pot holes. Ms. Cox said she has had a Reeves Street address the entire time she has lived there. Only the tenants living within the complex have a Reeves Street address; Aline Wolfe Drive ends at the top of the hill and then it changes into Medlin Street. Jack Shinall asked Ms. Cox if she had a copy of the plat of the association property to see which property belonged to them and which belonged to the City. Ms. Cox said she did not have a copy of the plat; no one in the complex could locate their copy of the it. Jerry Mills said that City funds were used to pave the street and open it, and at the time that occurred it was ruled by the City Attorney that it was a public street. Jim Hawkins said that Mr. Reeves built the original apartments and he had always contended the street was private; however, Jim said the paving was done with city equipment and the city paid for it. Ms. Cox said there were two speed breakers on the street which further confirmed their belief that it was private property, since speed breakers are not used on city streets. April 18. 1988 - continued Jerry Mills said he did not recall the city approving the conversion of the apartments to condominiums which requires a public hearing after proper advertisement, posting, etc. Ms. Cox said that Mr. Neal Perrone was the person who went through the City for permission to convert the units. Sally Meadows said she was opposed to closing the street for convenience sake and was also speaking tonight for Mr. Ken Ramsey who owns two of the units. Their concern was for safety of vehicles during an ice or snow storm and for passage of emergency vehicles. Susan Pilgrim said she had been a resident for about 6 years. This issue has not been brought before the members of the association of which she is a member and she has not been contacted for her opinion. Ms. Pilgrim said she had some concerns about what would happen if there was a fire and also felt that some of their problems are caused from people who are renting the units. Joey Camp said if Medlin Street was closed at the point below the pool, the street would not be wide enough for two cars to pass because it was very narrow. Safety is also an issue and Mr. Camp said he opposed closing the street for those and other reasons. Ken Williams said he lived at the corner of Medlin Street and Eleanor Way and said he did not care one way or another if it was closed or left open. His concern was the 150 foot strip of Medlin Street at the corner of his property that would be abandoned and who would be responsible for maintenance. Mr. Williams said he did not want it turned into a parking lot. Three other people from the audience asked to speak and were sworn in by Attorney Camp. Susan Padgett said she managed the apartments the last year before they were converted and she bought one of the units. Ms. Padgett said when they asked that the street be closed, what they had in mind was placing a gate across the street with residents only to have keys for access. They felt all along they might not get approval to close the street but were hoping they would at least get the City to help them out by putting up signs, adding another speed breaker, etc. Sheldon Lingert presented a drawing with his proposal to close the street by moving the dumpsters to block one section. Jack Shinall asked if the association had taken a vote or had authorized minutes where the request was made to close the street. Bonnie Cox who was representing the association said they were not going to close the street without a vote from the homeowners; they wanted to find out tonight if it was legal for them to do that before saying anything to the homeowners. Jack Shinall said if the City voted tonight to close the street it would be closed and there would be no options. Harry Keheley said he was opposed to closing the street because of the bottleneck it would cause in traffic and for safety reasons. Jim Hawkins said there seems to be some misunderstandings tonight and before he would attempt to move on this issue would want an agreement from the homeowners association. Jim said it was his opinion that this is a public street and as long as there are people living there and in the vicinity who object could not vote to close the street. Jim Hawkins made a motion the street remain open. Jerry Mills seconded the motion which carried 7-0. (E) Closing of un-named street at Jane Lyle Road parallel to Atlanta Road. There was no opposition but at the request of Post Properties, Wade Lnenicka made a motion the hearing be postponed to the May 2 meeting. Bob Davis seconded the motion which carried 7-0. (F) Reconsideration of zoning stipulations at 1073 and 1083 Concord Road. John Patterson said at the April 21, 1986 meeting, Mayor and Council approved a rezoning request by Mr. R. E. Newton for 1073 and 1083 Concord Road to accommodate a small strip shopping center. The zoning was approved with 3 stipulations and Mr. Newton has asked that one of the stipulations regarding an 8 foot masonry wall be clarified. Since that time, considerable time has been spent in getting businesses fronting on Concord Road to install opaque April 18, 1988 - continued buffer fences along the rear of the property where it abuts residential and most property owners have done so. Mr. Newton is concerned that an 8 foot masonry wall would be out of place with the other fences that have been placed in the area. There was no opposition from the audience. Jim Hawkins said the stipulation requiring an 8 foot masonry wall was required because of the reduction in the buffer on the rear property line from 50 feet to 30 feet and they wanted it to be the same masonry finish that would be used on the buildings. However, Mr. Newton never proceeded with development of the shopping center. Mr. Newton said they have held off on developing the property since there are so many vacancies along Concord Road. He was approached by the City about erecting a wooden fence along the rear property line and reminded the Inspector about the stipulation placed on his property. In discussing it with him, it was agreed that it would look better to go ahead and place the wooden fence on the back line. Jim Hawkins made a motion the zoning stipulation of April 21, 1986 at 1073 and 1083 Concord Road be amended to require a 6 foot wooden fence to meet the requirements of the code to be constructed on the back proeprty line as a buffer. Wade Lnenicka seconded the motion. Attorney Camp stated that by taking this action tonight, the Mayor and Council are also acting as the Zoning Board of Appeals for the City. Vote on the motion carried 7-0. FORMAL BUSINESS: (A) Ordinance amendment - Tourist Services zoning classification. Bob Davis made a motion the amendment be tabled to a later date to allow more time for review by council. Jack Shinall seconded the motion which carried 7- 0. Kathy Jordan excused herself from the meeting at 8:40 p.m. (B) Bid opening - ballfield conditioner. Bids for a ballfield conditioner were opened, read and recorded as follows: Blaylock Machinery No bid Lawn & Turf $7,999 Bob Betenbaugh made a motion the bids be. -turned over to the committee with a recommendation back to full council. Wade Lnenicka seconded the motion which carried 6-0. I_YA06=1\milli 7Z� (A) Light bars and equipment for new police cars. Jerry Mills made a motion the radio equipment for new police vehicles be awarded to Motorola through the State contract for a total price of $27,852. Wade Lnenicka seconded the motion which carried 6-0. Jerry Mills made a motion the light bars and sirens be awarded to GT Distributors, the low bidder at a total bid price of $6,486. Jack Shinall seconded the motion which carried 6-0. Jerry Mills made a motion the intoximeter be purchased from Intoximeter, Inc. which is a sole supplier at a total price of $7,495. Jim Hawkins seconded the motion which carried 6-0. (B) 1988 pickup truck for Parks Department. Bob Betenbaugh made a motion the low bid of $9,700 be awarded to Wade Ford. Jerry Mills seconded the motion which carried 6-0. (C) 4x4 pickup for Public Works. Wade Lnenicka made a motion the low bid of $11,019 be awarded to Wade Ford. Jack Shinall seconded the motion which carried 6-0. April 18, 1988 - continued (D) Tractor for Public Works. Wade Lnenicka made a motion the low bid of $11,984 be awarded to Cobb County Tractor. Bob Davis seconded the motion which carried 6-0. (E) Fence for new Public Works facility. Wade Lnenicka made a motion the low bid of $11,965 be awarded to Fence World. Jerry Mills seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: (A) Johnny Roper requested a grading permit at 2170 Windy Hill Road where Windy Hill Kennels is presently located. Jerry Mills made a motion the permit be approved. Jack Shinall seconded the motion which carried 6-0. (B) Hugh Miller requested a building permit for Miller Vending Company at 2365 Belmont Circle at a total estimated cost of $195,000. Jack Shinall made a motion the permit be approved. Bob Betenbuagh seconded the motion which carried 6-0. (C) Liang Properties requested a building permit for new construction at 5020 Highlands Parkway at a total estimated cost of $1,280,000. Bob Betenbaugh made a motion the permit be approved. Jack Shinall seconded the motion which carried 6-0. (D) Liang Properties requested a building permit for new construction at 5040 Highlands Parkway at a total estimated cost of $1,613,000. Bob Betenbaugh made a motion the permit be approved. Jack Shinall seconded the motion which carried 6-0. i,(E) Liang Properties requested a building permit for new construction at 5060 �iighlands Parkway at a total estimated cost of $1,844,000. Bob Betenbaugh made a motion the permit be approved. Wade Lnenicka seconded the motion which carried 6-0. CONSENT AGENDA: (A) Approval to request bids for public works building. Wade Lnenicka made a motion the consent agenda be approved. Bob Davis seconded the motion which carried 6-0. COUNCIL INPUT: Jack Shinall asked John Patterson to check on the resurfacing of Bank and Powder Springs Street. Jim Hawkins said he had received a few negative responses about the letter he sent to residents of his ward last week. It was a blanket letter sent to everyone requesting they keep their yards and neighborhoods clean and not an indivival request to any particular person. Wade Lnenicka reminded residents that the City only has one trash truck available for special pickups and once it is filled they have to go to the dump and pick up at other homes. For that reason, it may take an extended period of time to pick up large amounts of trash. With no further business, meeting adjourned at 9:07 p.m. A. ACON, MNTOR /&w &- e: � �' l BOB DAVIS. WARD 1 , WARD 3 SHIN= WARD 5 BOB BETENBAUGH, WARD 7