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09-08-1992 Regular MeetingSeptember 8, 1992 The regular scheduled meeting of Mayor and Council was held September 8, 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 except for Jim Hawkins. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Parks and Recreation Director Sherry Reavis, Police Chief Stan Hook, Cheryl Crain representing the Library, Sharon Williams representing the Finance Department, Community Relations Director Kathy Barton, Fire Chief Larry Williams, City Engineer Ken Hildebrandt, Personnel Director Jane Mears, Public Works Director Vic Broyles and representatives of the press. Invocation was given by Chuck Moon, pastor of Tillman Methodist Church. CITIZENS INPUT: Councilman Pete Wood read a proclamation for American Business Women's Association Day and presented it to East Cobb Chapter President Betty Turley. Pat Hackler with Smyrna Hospital invited members of council to their annual EMS picnic on September 17th from 4:30 p.m. to 7:30 p.m. at Rhyne Park. PUBLIC HEARINGS: (A) Variance request - reduce rear yard setback at 2003 Glenroy Place Bob Thomson stated that Mr. Wilbur Redd is requesting a variance to reduce the rear yard setback at his home from the existing 18 feet to 5 feet for a carport addition. There was no opposition. Mr. Redd stated his home is probably 35 years old and the existing single carport does not provide adequate space for his lawn care equipment and car. The adjoining neighbors do not object and have submitted a letter stating they have no objections. Councilman Ron Newcomb stated the neighbor behind Mr. Redd has a large, heavily wooded back yard which provides a natural buffer between their properties. Also, because of the unusual shape of the lot, only one corner of the addition will encroach into the setback. Mr. Newcomb made a motion the variance be approved as requested. Bill Scoggins seconded the motion which carried 6-0. (B) Rezoning request - 3252 Atlanta Road from N.S. to G.C. Bob Thomson stated that Mr. Daniel Coleman is requesting the rezoning of this property for the relocation of his business, Danco Financial. The existing building would be remodeled and the gas island canopy and pumps removed. The Planning and Zoning Board recommended approval with certain stipulations. There was a large group in opposition and those who wished to speak were sworn in with the applicant. Attorney Alton Curtis represented Mr.Coleman and opened the hearing by requesting that Councilman Wade Lnenicka be recused based on the fact that Mr. Lnenicka sent a letter on City of Smyrna stationary with his signature on the bottom advising residents of Campbellwood, Creatwood, Cumberland Vail, Paces Ferry North and Vinings North neighborhoods to appear at the City Hall on Tuesday, September 8th at 7:30 p.m. This meeting did occur in the Council chambers. Mr. Curtis said he had researched the minutes of the City and did not find in the minutes where the City, i.e., the Council, approved the non -governmental use of this property and specifically this chamber, in conformance with Section 2-7 of the City Code. In part that code says "the following rule shall apply in non -governmental use of city meeting rooms. 1) Council chambers shall be used only for council meetings and merit board meetings and other governmental board meetings when authorized by the governing body." 2) Section 2-1 of the Code of Ethics of the City of Smyrna says "any person in city government should uphold the Constitution, laws and legal regulations of the United States, the State and the City and of all their governments therein and never be a party to their evasion." Evasion has a different connotation in this term that we normally think of; however, there are no minutes authorizing the use of this chamber room for the type meeting held on Tuesday, September 21st. Therefore, he felt it incumbent on Councilman Lnenicka and if he chooses not to, for council as a whole to recuse Councilman Lnenicka from any participation in this proceeding because of bias. September 8, 1992 meeting - continued Attorney Camp said that although Councilman Lnenicka may be chastised or criticized for the use of the room, that does not serve to disqualify him and deprive his constituents of his vote. Councilman Lnenicka called on Mr. Coleman to present his request. Dan Coleman: My name is Dan Coleman and I operate a business known as Danco Financial located at 1314 Church Street. We have bought the property located at 3252 Atlanta Road with the intentions of moving my business down there. Before I say where we are going or where we would like to go with this property I would like to for any of you that are not familiar with this property, to know what the property has been used for previously. This property has been used as a service station and a car wash over a period of the last 27 years. It has not been residential property or used for any other use other than commercial purposes for the past 27 years. I talked to people at the Police Department and they said that there were numerous incidents of armed robberies down there, there had been vandalism and other criminal acts down there and the place basically became a handout at one time for people who loitered around. These pictures here show exactly what the property looks like basically at this time. I say at this time because that's as it's cleaned up because when I bought the property I had to go down and haul off a full load of trash and debris from the property to the county dump that had accumulated down there. Situated in the area right across the street from the property is an industrial park and they have stored bulldozers down there, front end loaders, they have dump trucks, body shop, they have a manufacturing warehouse that ships out by rail. All of these things are situated directly across the street from this property and that is zoned industrial property, that is an industrial park and it is used strictly for industrial purposes now which is a much stronger use of the property than anything I propose on the property directly across the street from it. I know there is a lot of very concerned and upset people down here from the neighborhood and not without cause. I gave each of you a copy of some of the fliers that have been circulated for up to a mile of that property, maybe more than that. I know that 5 subdivisions constitute up to a mile and they go over as far as Ridge Drive. Those fliers say such things as you don't need this type people in the area, it is going to bring in criminal elements who will steal cars and rob their houses, corrupt their children and basically lower their property values. If someone put something like that on my mailbox I would be concerned about it as well. However, those facts are not true. Neither are the rumors that have been circulated that have come back to me that there was going to be a Taco Bell there, or a title pawn shop or a collection agency or a partnership with some gentleman named Crow who I have never met nor heard of, that there would be a repossession company there. The repossession company is the subject of the letter that makes all those accusations that I pointed out. That is absolutely untrue; I do not have a repossession business, I do not repossess cars period. I have never had a license to repossess cars. That is not my business. Danco Financial is a business where we factor accounts. I buy commercial paper from people who accumulate commercial paper and then liquidate it. I buy that commercial paper and I receive the payments on that. Two-thirds of that commercial paper is governmental where there is no security so I have nothing there to repossess or bring onto the property ever. No shoes, no furniture, nothing. That's two-thirds of the business. One third of the business is secured by automobile accounts. Now occasionally, just like a bank or any other finance company, there are occasions when people do not make their payments and cars have to be repossessed. In order to operate my business down there I have to sell cars that I repossess. Now the cars that are not in good condition or the unsightly cars, we wholesale those. The ones that we have down there are the better cars. If you are in business and you can't sell your own product, then you have to take a beating. A wholesaler does not give you anything like market price for your vehicle. If anybody has ever tried to sell a car to a dealer they know what I am talking about. You might get one-half or so of the value and you can't operate that way. At this time, we probably have about 5 or maybe 6 cars that, if we were there in full operation right now, that we would have on the property to sell. It's not like a car lot, it is not a repossession company and it is not any of these other things that have been circulated around in order to get the neighborhood upset. I intended to go down there when I bought that property, tear down an existing eyesore and that is what it is because you have the pictures of it. It is an eyesore there now and has been a blot on the community for 27 years with the type business that has been there next to the residential property. If you will look at this, I got this from the tax chart, and it shows the subject property in blue and all the surrounding property. Now the property directly across the street is an industrial park as 3 September 8, 1992 meeting - continued I stated. The property on the right side is used for business purposes. That is the old ice cream factory down there and there is a small shopping center here. This property is not even city property, it is county property and is an out parcel belonging to Mrs. Ingram and that is rental property so they are not concerned with it. Directly across the street from this property Mr. Wise lives and he said that during the previous use there, that he, in his words, had to call the police department a thousand times. He said he had to call them numerous times and at one point he actually got a gun out and threatened people. He is delighted with the plans that I have or says he would have no objection to it. Mr. Strickland lives in the house behind the subject property. He adjoins it by 200 feet. He doesn't have any objection to what I am doing there. Mr. Strickland said that he put up with that car wash there for years that he has been there. They had lights, clanging noises, activity going on for 24 hours a day and that he was disgusted with it and this would be a great improvement. His exact words at the Planning meeting was, "more power to you." Next door to him is a Mr. Roy who states basically the same opinion and there is a Mr. Cagle across the street and a Mr. Garfarand (a foreign name that I cannot pronounce). None of these people that are close to the property are objecting to it. The people that are objecting to it have been inflamed by these circulars that have been sent out just as you would, just as I would be. But the thing is that those circulars just are not true. Danco Financial has been in business in the City of Smyrna for 15 months. We are located one and one-half blocks from right here where we sit. I am directly between the First Baptist Church and First Methodist Church, directly behind the Huddle House. The Boy Scouts meet in the lot right out in front of my office there every week. There has never been any incidents of crime, any police call from Danco, any complaints to our landlord. I know of no complaints or no problems that we have ever had there. Danco Financial is strictly a financial institution, we do not wish to do anything except upgrade the community we are going to. In that respect, we have already had plans drawn up for the building. At the Planning Commission meeting we never expected the opposition that has arose from these letters that has been sent out. Up until these letters were sent out we didn't really have any opposition. Very little, if any. I don't know if you have seen the plans we have drawn up but basically, this is a picture of what we expect the outside of the building to look like. This building is going to be, the majority of the old service station is going to be torn completely off. Our builder and our architect together said they could save a part of the building. However, the part that they will save will not be recognizable whatsoever from what was there previously. (presented drawings) This is the side of the building that faces Creatwood Trail. Each of these two garage doors will be closed up and this will be made into offices and these door passages will be secured and then they will be stuccoed over to conform with the rest of the outside of the building. They assured me it would look just like all new construction but they could use the roof and that as supporting timbers. All of this in the front of the building, this part will all be torn off and then it will be rebuilt back to look similar to this, as nearly as possible. Now when the architect first came to me with this about 2 months ago, he had a building there that had a tin roof on it and it had one of the rectangular shapes on top of it for the mechanicals to go on top of the building. I told him at that point that I thought that was too commercial type of building, I would prefer to have a traditional type of building that would blend in better. What he has drawn up will blend into the community, it will be a great, great improvement to what is there right now and it will be something that should never do anything but improve everybody's property value. It is not a business that would depreciate property values. The property has been used as commercial property for 27 years as I previously stated. The taxes on that property last year was $2,860.04. Those are not residential taxes, those are business property taxes. The property has always been recognized as business property and the only reason it wasn't rezoned years ago was because it came under the grandfather clause and they didn't have to rezone it. If, for some reason, this zoning is not approved I don't know what will go back down there. It may be some of the same of what has been there before, which the adjoining property owners are definitely opposed to. So the consideration is whether or not the people who are directly affected by this zoning would be more adversely affected by something else. In comparison to what else is around down there now and what has been there in the past, I suggest that what they get in the future would not most likely, would not be as good as what we are planning to do. We intend to spend a great deal of money making extensive repairs and try to carry on a respectable business that will be an asset to the community, not something that people would be ashamed to have there. Hopefully people that live on Creatwood Trail there would be happy to tell people that I live in the house down behind Danco Financial and use it as a landmark. September 8. 1992 meeting - continued I don't want to do anything to upset anybody's value and under our plans, there is nothing there that would diminish anybody's property value. There is no criminal element involved with our business whatsoever and there is nothing concerning our business that would affect anybody's children's values. Mr. Camp: What do you need to put there that would require a change in zoning? Coleman: They told me that I would have to have a commercial zoning in order to sell any vehicles off the property. We will have, at this point, maybe 5 to 7 cars a month but if you sell any of those cars there you have to have a commercial zoning. Other than that, it is not required. Ron Newcomb: What will you be doing different at this location than you are doing at your current location on Church Street specifically. Coleman: The only difference would be that we would be selling our own cars. What I have to do right now, if we repossess a car, in order to sell it, if somebody comes into my office and says I would like to buy this vehicle, what I am doing right now is I have a dealer in Acworth who works with me. I have to sell that car to the dealer and then have the people buy the car from the dealer. What I would like to do is be able to sell my own property directly to the buyer without having to go through a third party up in Acworth. Newcomb: So, whereas your application for rezoning is talking about a financial business operation, the real difference is the sales of automobiles. Is that correct? Coleman: That is the only thing that we will do there that requires a commercial zoning. That is the only thing we have any intentions of doing. I'm not trying to be evasive, it's just the only thing I know of that we would do there. That is, last month, Danco Financial had a turnover of approximately $300,000. Out of that, there is probably 5, maybe 7 cars that we would like to have sold off our property. AS you can see, that is a very minor part of our business but it is a part of the business that we want to locate down there. I wanted to get away from rental property and fix it up to suit myself . I have had nice offices in the past and have had some not so nice as well. But what I want to build down there is something that would be comparable to a doctors office or lawyers office. I want to build a nice office building there. I spend more time there than I do at home and I want to be surrounded by a comfortable environment and that is what I intend to build down there. Newcomb: Mr. Coleman, in addition to this nice building, you will have cars parked on the lot. Coleman: Well I hope ... at the commission meeting someone asked me... some people are offended by cars, I don't know why but some people are offended by cars. I said that if people would like for me to do so, I would build a privacy fence on the right side of the property. Along the right side there is a privacy fence that comes around now, around behind where Crown had it paved and I told them that I would be happy to build a privacy fence adjoining that one, coming back over and adjoining the building so that when we do repossess a car we can pull it into the back bay and we can store the personal possessions if there are any and have the car washed and cleaned out. If there is any minor, and I really want to stress this,because I don't have any mechanics and don't intend to hire any full time but I may have some to come in part time to change plugs or something like that. Any repairs done to the vehicle would be similar to what could be done now under the current zoning. Any activities in that area would be back behind the privacy fence if that would make the council happy. AS far as selling, they will be pulled out. Along the left side of the property which is the furthest away from Creatwood Trail is where I had in mind to put the cars. There is ample room over there to put probably 20 cars without ever getting into the front of the building. I don't intend to have 20 cars, I hope I don't because right now I have 5 or maybe 7 that I could put down there. On the left side along that fence will get some exposure but they don't cover up the lot and don't make it look like a car lot. Newcomb: In the minutes of the Planning and Zoning meeting they said that you said there would be no on site repairs. Has that changed, or are these minutes in error? September 8. 1992 meeting - continued Coleman: I don't know, I'm not saying the minutes are in error, I don't remember that being covered. If they asked me that I would have told them the same that I ama telling you now. I may have failed to say that we would do something like spark plug changes, but I didn't mean to leave that out. If you have a bad spark plug in your car, probably 8 out of 10 people here would change their own spark plugs. We would do that there, but as far as having a mechanic pulling transmissions, motors, major repairs, no sir. Newcomb: Mr. Coleman, you indicated a privacy fence. It also says in the minutes here at the Planning & Zoning meeting you stated that you would like to fence the cars in to keep them from being stolen. What kind of fence did you have in mind there? Coleman: I would hope that we can put them back behind that privacy fence at night. Newcomb: So you are saying you will only put a privacy fence, you won't put up a chain link fence? Coleman: I don't have any intentions of putting up a chain link fence, no sir. Newcomb: On your picture of the property, would you show where you had planned to put that fence? I didn't see that on there. Also, will there be a sign advertising cars for sale and where would that be. Coleman: No sir, the sign that we would put out front would say Danco Financial and I thought that maybe over on the privacy fence, maybe we would put just a small sign there saying "vehicles for sale" or something like that. But as far as putting a big sign up at the road saying Danco Financial Used Cars, that's not our business and we don't intend to do that. The only reference to the cars would be maybe a small sign over there on the privacy fence. This picture does not show that, I will be happy to show it to you on this other plat. (presented plat showing locations) Newcomb: If you intend to put up a fence to help cars from not being stolen, is it fair to say that you are putting on that lot, objects that people might want to steal? Should that be a concern that we are going to draw folks there? Coleman: If I was in Miami right now, there are people who would like to steal my drinking water. There is always people who like to steal anything. I don't mean that to be a smart aleck answer but there are always people who will steal. There is not a person in here who doesn't have something that someone would like to steal. Newcomb: But you would be putting things there that would potentially would be the target for thieves in your opinion if you are putting up a fence to keep them from getting in. Coleman: I think that answer speaks for itself. If you have anything of value, somebody would like to steal it. Pete Wood: Mr. Coleman, your business is Danco Financial. Are you regulated by the State Department of Banking and Finance? Coleman: I have looked into that. I have a license, I am currently licensed and perfectly legal in every respect that they require. Wood: But, are you regulated currently by the State Department of Banking and Finance? Coleman: I am not specifically regulated by that department. they pass the laws and I abide by the laws. Other than that, they don't come out to my business and go through the accounts or anything. Wood: They don't pass the laws, they administer the laws passed by the State Legislature relative to financial institutions and they also regulate check cashing, and many other things, etc. All I am asking is to determine if you are a regulated business by a State agency and apparently you are not from your answer. Is the purchase of this property contingent upon a zoning change from NS to GC, is that correct? September 8, 1992 meeting - continued Coleman: No sir, I currently own the property. Wood: What is the size of the permanent structure you plan to put on the property? Coleman: 1,980 square feet. Wood: Okay. Do you reside in Mableton? Coleman: Yes sir. I have lived in Cobb County since 1964. Wood: In the Planning and Zoning minutes of August loth and Mr. Newcomb already referred to this, but it says " the new building would be a little larger than the existing building and will be stucco. They will leave one bay in tact so they can clean up cars. There would be no on site repairs. There would be an entrance off Creatwood Trail and one off Atlanta Road. Mr. Coleman stated they would like to fence the cars in to keep them from being stolen. Mr. Coleman stated they buy accounts receivables from banks, car dealers and government repossessions. On a monthly basis they should have no more than 5 to 7 cars on the lot at one time and they do resell some of the better cars but they are not a pawn shop." Are those statements accurate? Coleman: The only thing there that is not accurate, I think what they failed to say is that I would do no major repairs. That is what I intended to say, that's why that bay is there and that was always the intent was to do a little minor repair there. But I don't have a mechanic, I don't have anyone on the clock to do that. I may have someone that comes in part time or something and do that occasionally but I don't have anybody full time and don't intend to get anyone. If there is another part you want me to address directly I will be happy to. Wood: Okay. I happen to be somewhat familiar with the factoring and purchase of accounts receivable from banks, car dealers, government repossessions. Obviously, the nature of that business is you buy these at a discount and then resell them. Is that correct? Coleman: No sir, that is not correct. I buy accounts, primarily I buy accounts from governmental contractors. When a contractor does work for the government and finishes the job, instead of getting paid like you would if you did work for your neighbor, they issue you a purchase order. That purchase order has to be sent off to Washington and Maryland for payment. It takes sometime 6 weeks or so to get it back, sometimes it comes in within a month. But there are many contractors who cannot afford to continue their operation without getting paid sooner than that. So when they get the purchase order issues to them, I purchase that purchase order from the contractor. Then it becomes my property and I bill the government and the money comes to me later. That portion of the business last month was about $200,000 and didn't include anything to do with the other business. Now we do buy accounts receivables from automobile dealers. We just made a sizable purchase from Pope Chevrolet not long ago. Money is owed to the dealers for the cars that are sold to the customers. We notify the customer and so does the dealer that we purchase the accounts from that those accounts have been sold to Danco Financial. Then, we receive the payments on those. Ninety eight percent of those payments come in the mail. A lot of those accounts are as far away as Carrollton, Stockbridge or over in Decatur, we have some as far as Gainesville. Most people mail them but some come in to make payments. Wood: These are papers that the dealer is carrying himself as opposed as through a captive finance like GMAC, Ford Motor Credit or some of those. Most dealers don't carry paper like that, generally. Could this be for repair work, body shop work, that type thing? Coleman: No sir, it is for the purchase price of the car. They sell us the purchase money note with a security and we get the titles. We have the titles and the note and that is our security for that loan. Wood: Okay. One other thing, do you make any direct loans to consumers or business? Coleman: No sir. Wood: All of yours is from an indirect basis from the standpoint of the September 8, 1992 meeting - continued receivable financing. Is that correct? Coleman: Well I have a friend who is a contractor that I let borrow some money today. But on other than a friendly basis as you might with one of your friends, I become friends with a lot of them. I do not have any consumer lending business whatsoever. Newcomb: I didn't note this until I heard Mr. Wood read that. A few minutes ago sir, you indicated you would have about 20 cars there. In the minutes in the P&Z it said 5 to 7. That is a pretty big discrepancy in the number of cars on the lot. Could you explain that please? Coleman: Yes sir. What I said was that there was room for about 20 cars over there but I certainly hope that we don't ever have that many or any more than that for sure. But you can't control that type thing. I can't tell you honestly that there won't be more than 5 and I can't say honestly that there will be 3. If people forget to make their payments then we have to repossess their vehicle but we have not had a place to dispose of our vehicles, period. And the ones that we have sold has just been through word of mouth through people that has asked us to be on the lookout for a car for them. And even under those guidelines, we do not have more than 7 vehicles right now, and I think probably 5 that we could put out there if the zoning was approved and our building complete and we moved in today. There is no way that I can be sure how many there will be. In the past there has been a very small number. We hope to keep it small and on the ones that we do repossess, if we can sell those quickly then there will be fewer than ever. Newcomb: But there may be as many as 20, you can't rule that out. Coleman: I can't rule it out, I don't intend for them to be there. Newcomb: Will the privacy fenced area be large enough to accommodate up to 20 vehicles? Coleman: It would accommodate probably, I would image that the privacy area alone would accommodate 12 or so. Now that 20 is just a number..I was asked where I was going to put the cars. It wasn't a question of how many cars am I going to have. I said that there was room enough over on that right side of the property that I could put up to 20 cars without even getting in front of the building. That was the response that I gave and that is where you got the 20 figure from, not that was now many I had or how many I anticipated. Jack Cramer: During the recent Planning & Zoning meeting did you state that you kept the cars at your house or do you sell them through a dealer in Acworth? Coleman: I have most of them up at the dealer in Acworth. I have got 2 at my house on a large paved area. They are not violating any zoning ordinance. Cramer: I would like to ask Chief Hook about the rumors about the crimes in that area. Whatever happens to be there, they are taking a risk because there are, unfortunately, people that do take advantage of businesses in that community. Coleman: I am somewhat concerned myself and I gave it due deliberation before I went down there, that putting up a sign there saying Danco Financial, specifically based on the fact that the previous service station there had been robbed several times, it was my concern that there may be someone that thinks a financial organization has a lot of money there. Ninety eight percent of our business is checks which come in the mail. We do very little cash business. Of course I am always concerned that there might be a robbery. There was a person killed at Burger King recently over a few cents or dollars. Nobody has a control over crime. What I am saying is that our business does not attract criminal element, it does not attract robbers or thieves or people that would affect the morals and learning of the children. Our entire operation would be something that would enhance the values of that community in my opinion. The only people that I talked to, on this chart, I specifically got just the adjoining property owners. I did not go through these communities and ask for their support and this is all that I had. Everyone that is adjacent to that property approved it and wanted the business to come there because they had plenty of what had been there before and what they are afraid of what may come there if I don't go down there. So everyone without exception that I went to and asked about it, approved September 8, 1992 meeting - continued it and wanted us to come in, including all the adjacent property owners. Cramer: I just wanted to point out, we have all these citizens from the Creatwood area and surrounding areas, it appears from your side that they live in a suburb of Atlanta or something from your side. I stopped in the Crown station also ... we can start rumors and teeter totter here all night. Coleman: The circulars were passed out as far away as Campbellwood and Vinings North and in those areas. If you go into there ... one of them is half a mile away no matter how you drive. I don't have any doubt that these circulars were passed at least a mile away from the property. But again, if I were these citizens out here, I would be concerned about it myself. If you think there is a large contingent of people objecting tonight you should have been here last Tuesday night. Then you couldn't get into the door, every seat was taken and they were 3 deep all around. But I think a great deal of those people were satisfied with my explanation of what I wanted to do and found that they didn't oppose it so much. Hopefully, you members of the council will have a much more unbiased view of it than what they do. The property has always been used for commercial purposes and what I am putting down there is a much lighter use and it will be an asset to the community. I don't expect that you will have complaints from it after I get down there. Wood: I would like to correct one thing. I have been here a long time and for a long time it was residential property. Coleman: Yes sir, it was 1965 when Crown Oil bought it. It's been 27 years and I know that has not been always. Newcomb: You referenced twice in your presentation having talked to folks around there that had no problem. Do you have some letters from them, or are there here tonight. Coleman: One of the gentlemen is here, Mr. Barclay. He wanted to address the council when I am through. I called Mr. Strickland today —Mr. Strickland stood up at the Planning meeting. He is the gentleman who owns the property that has 200 feet of adjacent property on the back. He is the one who would be most affected by any change and he was very happy that we were coming down. I am sorry that he is not here tonight but he did speak at both of the meetings. I did call him today to see if he would be able to come down tonight but I got a recording and was not able to talk to him. I am sure you know, too, that the Planning Commission did recommend approval of this unanimously and the only change between the time of that meeting and this hearing tonight is the letters that have been sent out. Bob Barclay, 3352 Creatwood Trail: I have one block and one house from this proposed business. I personally knew several of the people who worked at the Crown Station. I made deliveries in Smyrna during the middle of the night, three times a night, for a good while and this one gentleman begged me to stop each time I came through. It would be approximately 6 times a night, to check on him, he was so afraid of being robbed because he had been one time at gun point. I have been through Mr. Coleman's business and have been what happens. Mostly it is paperwork, telephone work and I think actually, I have talked to about 7 people that couldn't be here tonight that are in approval of it as an addition to our community. I would really have to see something like we had before go back in and would hope that the Council would take this into consideration. Lnenicka: Can you tell us who those people are please? Barclay: Yes I can, there is David Denmon, Eric Kornig, James Richardson, I spoke to Mr. Weiss who has already been mentioned, and Mr. Strickland. I spoke to Mr. Strickland between the last meeting and this meeting. In fact, what Mr. Coleman didn't say was that during the Planning & Zoning meeting, Mr. Strickland stood up and his first statement was "thank God, welcome to the community." Lewis McDermott, 3477 Vinings North Trail: I would like to say that Wade is to be commended, not criticized or chastised. It's because of his concern that he gets elected, he is just doing a fantastic job and I appreciate the letter he put on my mail box. I have been around talking to about 100 of my neighbors and we have put together a petition saying that we are all against it. I have nothing against Mr. Coleman himself. I have two young children and I don't want cars i Seutember 8. 1992 meeting - continued being sold at the entrance of my neighborhood. I have to drive by there every day. There is no telling what class of car he will have there it could be junk heaps or it could be Mercedes. I don't care what kind of cars they are, I don't want to see them there. I really hope you will take into consideration the people living there that do not want this changed from NS. Mr. Coleman may have a business now but he may be gone in 6 months and once it is changed to GC, who knows what will be put there. Ken Bell, 3502 Vinings North Trail: Also like to commend Wade for allowing the citizens to meet here. If the bylaws prohibit that type of meeting they should probably be changed because it was at the request of citizens like me and my wife that Wade was able to allow us to have that meeting. I would like to reject Mr. Colemans notion that the only reason some of are here tonight is because of inflammatory leaflets and fliers. I would have been here anyway. I am against this piece of property being zoned GC because as Mr. McDermott just said, we don't know how long he will be there. The next business could be a massage parlor, I don't know. This property is about a 3 iron shot from Campbell High School and there is no telling what could end up there once it is zoned GC and so I would ask your consideration to leaving it NS. Terri Owens, Creatwood Trail: I am here to represent the women at Creatwood, Campbellwood, North Vinings, Cumberland Vail, and we want to say we do not want that zoning changed to GC. We would like it changed residential but we cannot do that. It is now NS, and until somebody goes in there and buys that property and will take a loss on it as a general store piece of property is valued, to change it back to residential, we will be stuck with what we've got, just as we are stuck with what we have across the street that has been there for more than 30 years. It is a small little place, it only goes about 100 yards wide, it does go several acres in, we do not like it, but it was there before the residential property was there. We would like it all to be residential but unfortunately we do not always get what we like. I do not know anyone who will go in and pay industrial prices and then turn around and sell it as residential, nor do I know anyone that will buy general commercial property and turn around and make it residential. We will because it is there, put up with the industrial across the street until we change it, or the neighborhood stores until we change it to residential, but we do not as a group, want the neighborhood store zoning changed to general commercial. I don't care what Mr. Coleman wants to put in there, I don't want his cars in there and I don't see that there could be any more or any less violence or breaking of the law of what he puts in there than the Crown Service Station. Lnenicka: Mrs. Owens, the letter that was put out by you and your husband, was that discussed with me prior to you putting it out? Mrs. Owens: No. Lnenicka: Did you ever show me a copy of that letter before you put it out? Mrs. Owens: We didn't even show it to you after we put it out. Lnenicka: Have you ever shown it to me? Mrs. Owens: No as a matter of fact we meant to bring it last week but we forgot it. Alton Curtis: Mrs. Owens, did you ever tell Mr. Barclay that you read this letter to Mr. Lnenicka before you sent it out? Mrs. Owens: No I did not. Curtis: Where did you get the facts in this letter? Mrs. Owens: Oh, from some information that I received from Mr. Lnenicka. Curtis: So he gave you the basis for this letter? Mrs. Owens: No, I'm not going to tell you that. The truth is that we got some of the information just from ourselves. I don't want repossessed cars on that property. September 8, 1992 meeting - continued Curtis: What did Mr. Lnenicka tell you that's in this letter? Mrs. Owens: Nothing. I never spoke to Mr. Lnenicka at all... not one word. I did not speak with Mr. Lnenicka at all. Coleman: Where did you first hear the term repossessed cars? Mrs. Owens: From one of my neighbors. Coleman: Who was that? Mrs. Owens: I don't remember now, I'm sorry. Coleman: Do you know where they got their information? Mrs. Owens: No. Coleman: Did you ever call and ask me what kind of business I was putting there? Mrs. Owens: Absolutely not. Coleman: Did you call the Planning Commission to find out? Mrs. Owens: No I did not. Coleman: Were you at the Planning Commission meeting? Mrs. Owens: No, we were on vacation. I was not in town. Coleman: You think you got this information from a neighbor but you don't remember who it is, is that correct? Ms. Owens: I got it from several neighbors and when I heard about it we decided that we would like to have a representation from those five subdivisions to come down and let the people know how they feel. Coleman: Where did you get the information bout the criminal element, burglaries, people coming in to burglarize your homes? Mrs. Owens: That is something that when we were putting it together, my husband and I sat down and talked about it, and said you know when you have repossessed cars you are going to have people coming in and saying, "boy, there are a lot of cars here let's steal those cars." And the thing about it, they could come not only to steal the cars on your lot, but since they are in the neighborhood, why not steal our cars. I don't even have a garage, I have a carport. Why wouldn't they come and steal my car. That would just be opening it up to an element that we don't want in that neighborhood, at least I do not want and that's why I am here. David Newcomb, 1502 Paces North Drive: I live directly across the street from the property and as far as the accusations about the heavy crime, the police being called, I am not aware of it. I can look out my second story window and I never see the police over there so I have some doubts about that. But my main reason for coming tonight is to express my opposition to the change to GC. I went to the Planning and Zoning office and the only tract of land between Paces Ferry Road and Spring Road/Concord Road that is zoned GC is a small tract right at the Campbell Road/Atlanta Road interchange which is really not large enough to do anything. So Mr. Coleman would be getting a zoning which is not consistent with what is already in the Atlanta Road corridor. I don't have any problems with the office building but he has been in business for 15 months and who is to say that 15 months from now he will not pack up and move on and at that point we could have a taxi stand, boarding or breeding of animals, there is nothing that you as a council could do to prevent those business from coming in once it has a GC designation. Jim Currier, Cumberland Vail Townhomes: I oppose Mr. Colemans rezoning to GC. I have watched the council meetings often and about every month or so I see a developer come in for a variance or zoning so I brought a zoning map for the benefit of my neighbors, council and Mr. Coleman. The zoning ordinance is broken up into 19 district, 12 of them for residential use. Out of the 7 devoted to 1' September 8, 1992 meeting - continued business, only two permit the sale of automobiles, GC and LI which seems to be Mr. Coleman's dilemma. If he wanted to open a financial institution without selling cars, he would have the option to go to LC, 0&I or OD. But I wanted to bring out the fact that he bought this property zoned NS and if you look in the ordinance, not one of the uses listed described his business, so he purchased this property with the intention of getting it rezoned. The reason why this is zoned NS is that every one of these businesses require the support of the neighborhood community to exist whether a day nursery or automobile service station, provided that they are located in a planned shopping development with no auto repair. So there is a limited use of the service station there. Even though it is going to bring a criminal element, most crimes usually occur in the retail industries because a service station is naturally going to attract a criminal element of some type. Even the Majik Market or any type of convenience store. So naturally if you put a service station there you are going to attract some type of criminal. But the point I want to bring out is these businesses are zoned NS because they are there for the need of the neighborhood so there has to be some leeway as far as the zoning ordinance goes. Between Spring Road down Atlanta Road to Jane Lyle Road, you do not see any GC zoning on the map except for one very small area located right across from Campbell High School. The bulk of that corridor is all residential. I have watched the development along Atlanta Road the last few years and if I had to speculate about what type of development was going along Atlanta Road, it would be residential and to zone to GC I don't think would be going in the use of the interest of the neighborhood and direction I think that the development of Atlanta Road wants to go. There is also a requirement in the ordinance for a buffer area between residential property and I was wondering since he is tearing down the existing building, if he would be required to put a buffer strip if he rebuilds. Mr. Camp: I think he has already agreed to put up a buf f er in the way of a fence. We require an opaque fence as an alternative to the buffer. Mayor Bacon: If he tore down the building completely he would be required to meet all the setback requirements that you have referenced in the zoning ordinance. Currier: I also just want to make sure that everybody understands that if the zoning is denied he will have to wait 12 months before he can reapply. Sephen Kruse, 3770 Cliffcrest Drive: I am representing our neighborhood association and we met last week and voted unanimously against the rezoning of this tract to GC. As a resident there I did not receive any negative letters, I received no communication in the mail box or hand delivered to sway our decision. I attended the meeting here last week and that night was also our association meeting. I was asked by the president of the group to attend this meeting and get back with him while the meeting was in progress to report unbiasedly on what I found. The vote was taken after that. Alton Curtis: In looking at the zoning review standards of the City, test #1 in Section 1508 shows that in light of the use of the adjoining property, this property is suitable for the intended use being sought here tonight. The use by Mr. Coleman will enhance the appearance of the site presently being sought to be zoned and be an asset to the neighborhood as opposed to the Crown Station that is presently there. The property before Mr. Coleman bought it was vacant for approximately 1 1/2 years. Extensive EPA testing was done to get the property clean for our purchase. In test #4 the reasonable economic use of this property is compatible with what is already in the neighborhood. The zoning is not excessive or burdensome on the streets in that it will generate less traffic than was on the streets prior to his purchase of the property. It will not impact the school or utilities. Number 5 is probably the most important for the Mayor and Council to consider, whether it is in conformity with the intent of the land use plan. I know at one time this whole area was zoned future commercial and has been changed back I believe to neighborhood activity. I direct the council and attorney to attention of DeKalb County versus Albritton regarding the commercial character of land classification. Your attorney can tell you about that case. We are in a position now that we know Atlanta Road is going to be 5 laned at some time from where it ends now down to Oakdale. Maybe next year, we don't know. That limits the use of this property and we feel that in light of the fact that Atlanta Road would be September 8, 1992 meeting_- continued widened, a business of his nature would not unduly burden the traffic on Atlanta Road. The architectural plans presented tonight enhance the neighborhood. Number 8, the hours of operation are not a nuisance. Basically this operation is a 9 to 6 or 7 operation. This will be a lighter use than the use that was presently in existence. The last test is whether the size of the use would affect the area in a positive or negative manner. We feel it would have a positive impact on the neighborhood, it would raise the aesthetic value and for those reasons, this zoning should be granted along with the test as defined in DeKalb versus Albritton properties and for that reason, we move you approve the zoning as requested. Coleman: The biggest concern the vast majority of these people has is not to my business, but any commercial zoning down there. I can't affect what the possibilities are. What I have outlined is exactly what I intend to do down there; nothing more and nothing less. I think it is something that the council would be happy to have this type business and I intend to make it a business that even some of these people who are objecting, would say later that it is not that bad after all. Jonathon McLinney, Creat Trail: I remember last week we started out that you would not repossess any cars. Then it went from 4 to 7 per month which averages out to 48 to 72 per year. Can you clarify that? Coleman: There are many people here that were here last week. I never said at any point... I'm afraid you misunderstood if you think I said there would never be any cars. I have said repeatedly that is not the major part of our business. Our business is the financial business but I have never stated to anyone that there would never be any repossessions. McLinney: Mr. Newcomb asked a question about signs. I remember from that meeting you brought up the incident of having how the government sold something, with little white cards they placed in the window of cars. You said tonight there would be some type of sign there. Coleman: I said last week that I would put some type of sign on that fence, the same as I said tonight. I think my words last week were "repossessions for sale" and someone seemed to take offense at that so tonight I said "vehicles for sale". They are repossessed cars but that is not a dirty word either. I have been able to sell just from word of mouth. Most of the vehicles that I would have down there without even having them exposed however, I can't tell you how quickly they would sell. I can tell you that in the past couple of months we have averaged probably 5 to 7 a month. Every car that I repossess I will not put there. If it requires heavy mechanical work I will wholesale that car and not put it out there. I will only keep the ones that require minor repair or just cleanup. Wood: Has there been an environmental impact study done on this property? Normally, especially if you are financing, there is one to build a building on a piece of property formerly used as a service station, garage, etc. because in many cases they have found toxic problems and others related to where tanks were stored. Coleman: Yes sir. They have run the impact study. The tanks have already been removed from the property. Crown Oil is in the process now of cleaning up any contamination that they have found. There is contamination --it is in the process of being cleaned up. My business is environmentally cleaned and there will not be any contamination as there might be from some other business that could go in under the present zoning. Wood: There is certain limitations based on the level, if any, of toxins or other environmental pollutants and that is what I am asking, is whether or not that has been cleared for your building. Coleman: Yes sir, they are in the process now of bringing it to meet all Federal and State regulations for environmental purposes. Phase I has been completed and they are in Phase II now. As far as the construction money goes, I am not going to finance anything there at this time. Wade Lnenicka: I would like to ask Mr. Camp again if I am allowed to take any activity in this discussion at this point. 13 September 8, 1992 meeting - continued Camp: It would deprive your ward of their vote if you did not participate. Lnenicka: Therefore I am legally entitled to participate and to vote, or to make a motion. Camp: Yes sir. Lnenicka: I appreciate the applicant and everyone being here. I do stand guilty I guess, of violating that ordinance and having a meeting of the residents of the neighborhood and of my ward here at City Hall. For that I apologize. This is the first time I have ever had a person who spent most of the meeting presenting his side of the story complaining about the meting being held. I certainly have not tried to deprive Mr. Coleman of any attempt to speak or have his side heard. The letter that was put out by John and Terri Owens I will say for the record, I did not talk to them about that letter. I didn't write the letter for them, I didn't give them input into the letter and until Mr. Coleman gave it to me tonight, that was the first I had seen the letter. The letter I did pass out invited folks to a meeting here at City Hall last Tuesday, September lst and to this meeting tonight. Of passing out a letter inviting residents of my ward to come hear the facts, I stand guilty. My letter also says "applicant says he wants to open a financial business operation there." He has said over and over that is what he wants to do. As part of that business, he repossesses cars. I have had a lot of discussion or seen a lot of discussion about whether or not he repossesses cars. I have had at least two phone conversations with Mr. Coleman lasting approximately an hour in total length where he certainly talked about repossessing cars many times with me. So I don't believe that is a mis-statement. I wrote down two of his quotes tonight in response to questions to Councilman Newcomb and he said: "If we repossess a car" --that is not having a car repossessed or having someone do it for you --it says "if we repossess a car." Also he stated: "when we do repossess a car." That indicates to me that he was in the business of having cars repossessed. So I don't think the statement in my letter was libelous or slanderous. He also said he wants to fence in part of the lot and sell those used cars there and he said tonight that was indeed, his intent. So I don't feel that I have done anything to deprive Mr. Coleman of his rights to a fair hearing. Mr. Curtis and I talked also last week and Mr. Curtis did not inform me at that time that he was retained as an attorney representing Mr. Coleman. I don't know when that decision was made, but I don't believe I've done anything again to Mr. Curtis to deprive him of his right to talk to me; I initiated that phone call to him. The zoning review standards referenced by Mr. Curtis do govern our decisions on this matter. I would like to bring one other point to the record. Police Chief Stan Hook did a computer run on 3252 Atlanta Road and we have had no reports of any criminal activity in the last year at that location. That's not to say that there never has been any, but at least in the last year it has not been on the record there. I wold like to move at this time that the applicants request for rezoning of property at Atlanta Road and Creatwood Trail from neighborhood shopping to General Commercial be denied. The reason for that have to do with the zoning review standards referenced by Mr. Curtis. Whether the zoning proposal will permit a use that is suitable in view of the use of adjacent and nearby property. Whether the zoning proposal will adversely affect the existing use or useability of adjacent or nearby property. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned. Whether the zoning proposal will result in a use that will or could cause an excessive or burdensome of existing streets. Whether the zoning proposal is in conformity with the policy and intent of the land use plan. Whether the development of the property under the zoning proposal will be a detriment to the aesthetics of the neighborhood considering the current and historical uses in the area. Under the proposed zoning classification whether the use proposed may create a nuisance or is incompatible with existing uses in the area. The motion was seconded by Ron Newcomb. Mr. Newcomb: The evening of the meeting when I came in, I listened for a few minutes and my thought processes were not contaminated by having heard questions asked by these folks and by answers given by Mr. Coleman. I thought Mr. Lnenicka was very objective. Frankly, I hope that this council will take a look at that part of the ordinance that says you have to have specific approval to use this September 8. 1992 meeting - continued because I think Thomas Jefferson would roll over in his grave if grassroots democracy in a public building becomes a crime. I think the land use plan isn't worth anything if we change it everytime someone comes forward with a request. The City Council, Planning and Zoning, Atlanta Regional Commission, and a lot of others studied that land use plan and supported and approved it. One issue we have is whether the zoning proposal will adversely affect the neighboring properties. In looking at that issue we cannot look specifically at the proposal brought forth because the GC rating in the book lists a number of uses which it says "shall" be permitted. "Shall" is also defined as never discretionary. Anything under this category can be allowed including art shows, carnival rides, part and tire stores, etc. If we approve this we are approving any of those possible uses under the law as it stands and I am not prepared to do that. I also think the intent of the General Commercial is stated as being to "concentrate" commercial activity in spots and this is doing just the opposite. Also, the economic impact of the business is really not being hurt as it currently is. The applicant stated he did $300,000 worth of business last month and 5 to 7 cars that might be affected are a "minor part" of the volume of is business so I think he has a pretty good economic income from his business as it stands now so I don't think he is adversely affected. Vote on the motion to deny the zoning carried 6-0. Mayor Bacon called for a 10 minute recess. FORMAL BUSINESS: (A) Agreement approval - Cobb -Marietta Coliseum Authority and City of Smyrna Councilman Pete Wood said on August 14, 1992, the Cobb -Marietta Coliseum Authority approved the execution of an agreement between the Authority and City regarding the expenditure by the City of two cents of the total eight cents of the hotel/motel tax paid by the City for the purpose of promoting trade, tourism and conventions. Smyrna will continue to pay eight cents hotel/motel tax to the Authority with two cents being returned to us for no other purpose than promoting tourism and trade. Councilman Wood made a motion the agreement be approved, seconded by Ron Newcomb. Vote on the motion carried 6-0. Mayor Bacon said we have already received our first check for $5,909 for the month of August. (B) Approval to accept results of the Special Election held July 21, 1992 Councilman Wood stated a special referendum was conducted by Cobb County during their Primary Election on July 21st. The question on the ballot was to either approve or disapprove an amendment to our Charter which will provide for a $10,000 homestead exemption for certain residents 62 years of age or older. The referendum was approved 3,222 to 513 and the results have been certified by Sharon Dunn, Cobb County Director of elections and the City Clerk. Councilman Wood made a motion the results of the special election be accepted. Bill Scoggins seconded the motion which carried 6-0. Mr. Wood reminded everyone that the exemption wold become effective with the 1993 tax bill and we will attempt to notify all those persons who may be eligible. (C) Appointments to Parks Commission - Wards 1,2,4,5 and 7 Councilman Jack Cramer made a motion that Ray Seabolt be appointed to the commission representing Ward 5 for a 3 year term. Bill Scoggins seconded the motion which carried 6-0. All other appointments were deferred to the next meeting. (D) Ordinance amendment - Section 21-9 - weight limit of vehicles. Councilman Ron Newcomb said this amendment will remove Smyrna Roswell Road from the list of streets in which vehicles of 10,000 pounds or more are allowed and made a motion the amendment be approved. Bill Scoggins seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: IS September 8, 1992 meeting - continued (A) Daddy'Os Restaurant requested a permit for new construction on South Cobb Drive at Plaza Drive at a total estimated cost of $119,000. Jack Cramer made a motion the permit be approved. Wade Lnenicka seconded the motion which carried 6-0. f aIla=1\?i1\?IDUC (A) Pickup truck for Parks and Recreation Department Jack Cramer made a motion the bid be awarded to Hardy Fleet Group at $11,393. Ron Newcomb seconded the motion which carried 6-0. CONSENT AGENDA: (A) Approval of August 17, 1992 minutes (B) Approval to resubmit bids for pick up truck (Community Development) (C) No parking signs - Brookview Drive at Overlook (D) Approval to purchase one mobile video recording system for DUI Task car Pete Wood made a motion the consent agenda be approved. Wade Lnenicka seconded the motion which carried 6-0. COMMITTEE REPORTS: Pete Wood stated the Finance Department is in the process of assisting with the audit and everything in that department is operating efficiently. Wade Lnenicka stated that Steve Ciaccio is out of town this week and called on Stan Hook for a report from the Police Department. Mr. Lnenicka also recognized Officer Lieber for a recent letter he had received from a resident complimenting him on his courteousness and professionalism. Mr. Lnenicka said the committee is moving forward on the interview process for hiring a new Solicitor and interviews are scheduled for tomorrow night at the Community Center. Jack Cramer presented a plaque to Sherry Reavis from the Smyrna Swim Team in appreciation of their support this season. Mr. Cramer said the rainfall on Friday night added to the flooding problems we have experienced recently and hopefully some of the 1% road tax money can be allocated for needed drainage improvements. Also, a Ward 5 neighborhood meeting will be held September 16th at 7:00 p.m. in the Community Center. Bill Scoggins called on Fire Chief Larry Williams, who introduced Stanley Ice, Fireman of the Month. Ron Newcomb stated the bid award of the truck tonight was a down size from a full size vehicle to a smaller truck which amounts to considerable savings. Also, bids will be sent out for a vehicle in the Community Development which will also be a down size. Mr. Newcomb commended two of our Public Works employees for their quick response to a water line break on Prestwick Place recently. John Patrick called on Cheryl Crain for a report from the Library. Mayor Bacon said we are continuing to work on the drainage problems throughout the City and would also like to see a portion of the 1% road tax money used for drainage rather than paving. Mayor Bacon said he also did not realize that the council chambers could not be used for neighborhood meetings and he has conducted meetings himself a number of times. In the future, the community center meeting rooms will be utilized. Mayor Bacon said that recently the City adopted the water surcharge which was mandated by the Atlanta Regional Commission as a part of their water conservation program. We will be meeting soon to discuss the surcharge and may consider a different formula for calculating the surcharge so that we are not charging the customer for water that we are not being billed for by the County. September 8, 1992 meeting - continued Kathy Barton gave a report on the recycling program. Wade Lnenicka made a motion the rules be suspended to consider the approval of an item not on the agenda. Ron Newcomb seconded the motion which carried 6-0. Mr. Lnenicka said he regretted the technical violation of the ordinance regarding the use of the meeting room and asked council to approve, retroactively, the use of the room for the meeting conducted here last week. Pete Wood made a motion the use of the room be approved seconded by Ron Newcomb. Vote on the motion carried 6-0. With no further business, meeting adjourned at 10:05 p.m. A. MAX BACON'', MAYOR 1)Q;tl- 4- Z 0 N PATRICK, WARD 1 BILL SCOGGINS WD 3 JACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 MELINDA DAMERON, CfTY CLERK RON NEWCOMB, WARD 2 JAMES M. HAWKINS, WARD 4 WADE LNENICKA, WARD 6