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06-17-1996 Regular MeetingJune 17, 1996 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present except Councilman Newcomb who was out of town. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, Attorney Al Cochran (City Attorney Chuck Camp was out of town), Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Administrative Coordinator Brenda Barrett, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathie Barton, Personnel Officer Chris Corey, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. Invocation was given by Reverend Steven Kimmel, pastor of Smyrna First Baptist Church, followed by the pledge to the flag. Mayor Bacon recognized Virgil Moon, Finance Director for Cobb County. Mr. Moon and Claudia Edgar approached the podium. Mr. Moon stated he was representing the Government Finance Officers' Association of the United States and Canada and as the State representative and was here tonight to present two awards to the City of Smyrna. He stated the first award is the "Distinguished Budget Presentation Award" and the second one is the Certificate of Achievement in Financial Reporting." He stated these are the two highest forms of award a municipality could receive in the budgeting and financial reporting areas in the country. He stated this represents being in the top 3% of all governments in the United States for the City of Smyrna. Mr. Moon stated this is the eight consecutive award the City has received for Financial Reporting and this represents the audited financial statements; the budget award states what the goals and plans are for the coming year and is adopted as a communication device, financial plan and an operational guide. Ms. Edgar accepted the awards on behalf of the City. Ms. Edgar thanked her staff for their hard work during the preparation of the documents. Ms. Edgar thanked Mr. Moon for making the presentation. CITIZENS INPUT: Mayor Bacon recognized Doug Middleton, candidate for Probate Judge of Cobb County. Mr. Middleton thanked the Mayor and Council for the opportunity to speak tonight. He asked for the support of the citizens in the July 9, 1996, election. Mayor Bacon recognized Victor Yankowski, candidate for the Cobb County Board of Commissioners - District 4. Mr. Yankowski thanked the Mayor and Council for the opportunity to speak tonight. He asked for the support of the citizens of Smyrna in Wards 3, 5 and 7, in the July election. Mayor Bacon recognized Frank Bradford, candidate for the House of Representatives - District 30. Mr. Bradford thanked the Mayor and Council for the opportunity to speak tonight and asked for the support of the citizens in the July election. Mayor Bacon recognized Deborah Smith, manager of a little league baseball team at Nickajack Park. Ms. Smith stated the mother of one of her players has colon cancer and they are holding a fund raising event on her behalf June 22, 1996. Ms. Smith stated they will be holding an auction, softball tournament, bake sale and yard sale at Nickajack Park with the proceeds going to aid Ms. Rhonda Bass. She stated there has been an account established at the Smyrna Bank and Trust Bank. PUBLIC HEARINGS: (A) Variance Request - 1005 Windy Hill Road - Reduce Side Yard Setback from 10 Feet to 3 Feet Mayor Bacon stated this item was tabled from the June 3, 1996, council meeting. Mr. Thomson stated the applicant's building is seven feet from the side property line and he is planning to build a 30 foot addition to the rear of the building totaling 720 square feet. Mayor Bacon asked the applicant, Mr. Zuccala, to come forward. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Hawkins asked Mr. Zuccala to describe why the variance is necessary. Mr. Zuccala's architect, Mr. Miguel San Martin, responded there is an existing condition wherein the building is sitting on the property and they are just following the lines. He further stated it would be less expensive to build that way and if they followed the existing planning and zoning regulations it would create a hardship in that it would be a lot more difficult and much more expensive to build. Mr. Hawkins then asked if the hardship is financial and Mr. San Martin responded that was correct. Mr. San Martin also stated it would June 17, 1996, meeting - continued take away a lot of parking spaces at the business location. Mr. San Martin stated if the building was built in compliance with current zoning regulations it would do away with six or seven parking spaces. Councilman Hawkins stated the existing building is 7 feet from the bank property line, Mr. San Martin responded it was 3 feet. Councilman Hawkins asked if the addition is for an eating area and Mr. San Martin responded it would be for a restaurant. Mr. Hawkins asked the applicant if they had submitted the proper paperwork to Cobb County Health officials and Mr. San Martin responded they had not, they were waiting for approval of the variance request first. Mayor Bacon asked Mr. Zuccala if there were any plans to redo the parking lot. Mr. Zuccala stated after the restaurant was built, they planned to re -do the parking lot. Councilman Scoggins asked if there would be an entrance to the restaurant without going through the retail meat store. Mr. San Martin stated they would have a separate door for entrance to the restaurant. Councilman Lnenicka asked Mr. San Martin if they understood that the operation of two types of businesses - a meat market and a restaurant- they would be required to have two separate business licenses. Mr. Zuccala responded he understood that. Mr. San Martin stated Mr. Zuccala has other business locations in the area operating as they are proposing for this location. Mayor Bacon asked Mr. Zuccala if they anticipated coming back before the Mayor and Council to request an alcoholic beverage license. Mr. Zuccala responded they did not. Councilman Hawkins made a motion the variance request at 1005 Windy Hill Road to reduce the side yard setback from 10 feet to 3 feet be denied. Councilman Scoggins seconded the motion. Councilman Lnenicka asked Mr. Hawkins if there was a particular reason for his motion to deny the variance request. Councilman Hawkins responded the addition to the building he is requesting could be built without a variance. Mr. Hawkins further stated if the variance is approved, it would be one long building, three feet from the property line and there is not a compelling need for the variance. Councilman Hawkins there was no structural reason the building could not be built within the 10 foot setback. Councilman Lnenicka asked if the building addition could be more "L-shaped" and Mr. San Martin stated that would make the back of the lot inaccessible and 150 feet of the available 400 feet would be killed. He stated it would also do away with parking spaces and prohibit trucks from being able to make deliveries. Councilman Wood asked how many existing parking spaces are at the location and Mr. San Martin responded 24. Motion to deny the variance was approved 5-1 with Mr. Lnenicka opposed. (B) Variance Request - 640 Kennesaw Drive - Reduce Side Yard Setback from 10 Feet to 3 Feet Mayor Bacon stated that Items 3-B and 3-C are for the same address. Mayor Bacon asked the applicant, Mr. David C. Lawson to come forward. Mr. Thomson reported the applicant is wanting to line the new building up with the existing accessory structure and is building a garage to house a car that he has been keeping in a public storage facility (Item 3-13) and the variance request (Item 3-C) is to allow the applicant to build an oversized accessory structure for the same purpose. He stated the structure would be 102 square feet larger than permitted by the Ordinance. Mayor Bacon announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Cramer asked Mr. Lawson to explain why he is requesting the side yard setback reduction from 10 feet to 3 feet. Mr. Lawson explained it would give him more storage space and would house a car that is currently in storage as well as parking another vehicle in the building. Councilman Cramer stated he had letters from his neighbors indicating they have no objections to the variances requested. Councilman Cramer asked who owns the property and Mr. Lawson stated the property is in his brother, sister and his name. Councilman Cramer asked Mr. Lawson if he had a problem with a stipulation being included in the motion that would stated that the oversized structure permit would only be good while he (David Lawson) lived at the residence. Mr. Lawson responded he did not. Councilman Cramer made a motion that the variance request at 640 Kennesaw Drive to reduce the side yard setback from 10 feet to 3 feet be approved with the condition that as long as Mr. David Lawson resides at that address the variance would stand. Councilman Lnenicka seconded the motion. Motion was approved 6-0. 3 June 17, 1996, meeting - continued (C) Variance Request - 640 Kennesaw Drive - Build an Oversized Accessory Structure See narrative above. Councilman Cramer stated Mr. Lawson has letters from the neighbors indicating they have no objections to the granting of this variance request. Councilman Cramer made a motion the variance request at 640 Kennesaw Drive to build an oversized accessory be approved with the stipulation that it be in effect that as long as Mr. David Lawson resides at that location. Mr. Cramer further stated the oversized accessory structure will be of a different material than the principal structure. Councilman Lnenicka seconded the motion. Motion was approved 6-0. (D) Variance Request - Concord Bridge Subdivision - To Reduce the Cul-de-sac Radius from 60 Feet to 50 Feet Mr. Thomson stated that Mr. Brad Thompson states that the 60-foot cul-de-sac radius required would affect the number of lots in the subdivision that could be developed. He also stated the Harmony Bridge Place is 221 feet in length, exceeding the current regulation by 71 feet. He also stated the street layout for Concord Bridge was designed with four cul-de-sacs, three of which conform to the 60-foot radius regulation, due to the short length of the fourth cul-de-sac it was designed with a 50-foot radius. Mayor Bacon asked Mr. Brad Thompson to come forward. Mayor Bacon then announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Wood asked Mr. Thompson to state why this would be a hardship. Mr. Thompson stated under the current design, it was felt they were exceeding the requirement by 71 feet and they might be able to work it out. He then stated if they have to go to a 60-foot cul-de-sac they would lose two lots and would render several lots with no building pad and the cost of that for a development of this size would be devastating. Councilman Wood noted that there are four cul-de-sacs in the development and three of them meet the requirements and the 60-foot radius required by Smyrna is larger than what is required in metro -Atlanta. Councilman Scoggins asked Chief Williams if the ladder truck could maneuver in this location and Chief Williams responded it could. Councilman Wood made a recommendation the variance request in the Concord Bridge Subdivision to reduce the cul-de-sac radius from 60 feet to 50 feet be approved. Councilman Scoggins seconded the motion. Motion was approved 6-0. (E) Alcohol Beverage License - Serenata Yoamp's D/B/A. Serenata - For Retail Pouring License Mr. Thomson stated Serenata Yoamp's d/b/a Serenata has submitted an application for an alcohol beverage pouring license. He further stated Ms. Milagros Garcia has applied to be the agent for this location and has been given a copy of the alcohol beverage license and the business license officer has gone over the guidelines with her. Mayor Bacon asked Ms. Garcia to come forward. He then stated this is a public hearing and asked if anyone was present in opposition to the granting of this alcohol beverage license request. Several persons came forward and were sworn in by Al Cochran. Councilwoman Capilouto asked Ms. Garcia to state why she needs this privilege license. Ms. Garcia responded she is going to be the supervisor at the restaurant and introduced the owner, Mr. Paredes. Ms. Capilouto asked Ms. Garcia what hours she plans to work at the restaurant. Ms. Garcia responded she would be working from 8:00 a.m. to 5:00 p.m. even though the hours have not yet been stipulated. Ms. Capilouto asked Ms. Garcia if she is a U.S. citizen and Ms. Garcia responded she is and is a Puerto Rican. Ms. Capilouto asked about the name of the corporation. Ms. Garcia responded they have the seal and the name of the corporation is Serenata Yoamps. Ms. Capilouto stated Ms. Garcia's application states she lives at 899 Powers Ferry Road, Marietta, and has lived there for almost two years. Ms. Capilouto stated the police department background investigation could not establish the fact that Ms. Garcia resides at 899 Powers Ferry Road. Ms. Garcia stated she lives there with her cousin and her cousin is the leaseholder and she has no document to prove she lives there. Chief Hook stated Ms. Garcia could not give them her phone number and Ms. Garcia stated the phone was in her cousin's name and she did not feel she should release that number. Chief Hook stated he had just talked with Lt. Carlson and he indicated they could not reach her at that address and there was no way he could establish the fact that she has lived in Cobb County. Councilman Hawkins asked Ms. Garcia if she has a drivers license and she responded she does but she has not changed her address on it and it still reflects the Stone Mountain address. June 17, 1996, meeting - continued Mayor Bacon asked Mr. Paredes why he would not hold the license for that location and he responded he is from New York and he does not meet the Cobb County residency requirement. Ms. Capilouto stated Mr. Paredes is not listed as the owner on the application. Mr. Francisco Paredez stated his father, Yourlandio Paredes is the owner and is his father and is not a citizen of the U.S. Ms. Garcia stated she has been a business owner since 1992 and the reason she has not changed her address on everything is due to the expense. She stated she was planning to make these changes as soon as all her checks and letterhead had been used with the previous address. Mayor Bacon asked those who had been sworn in to step forward and speak either in support of or in opposition to the granting of the license request. Mr. Miles Stephenson, resident of Chateaux De Ville Apartments - 2475 Spring Road, came forward and stated he was opposed to the granting of this license due to the problems that were experienced when the On & On Bar and Grill was in operation on Spring Road. He indicated this is a new business, under new ownership but felt the clientele would be the same and the problems would be the same. Mr. David Prather, 5184 Afton Way, came forward and stated he is also opposed to the granting of this variance request due to jaywalking problems in the area. He stated most times the persons would have small children with them and just does not want that problem again. Mr. Scott Worthy, Vice-president of Falling Waters Subdivision, stated he was opposed to the granting of this license request and cited problems experienced with the previous business at that location. Mr. Worthy stated the building is an eyesore and asked that the city not allow this business to go into that building and create some of the same problems that were experienced before. Mr. Paredes stated this is a different type business and would not create problems. He stated he was from New York and they are spending over $100,000 to renovate the building and it is not going to be a bar. He further stated he had removed the huge bar that was there earlier and it is going to be a restaurant and not a bar. He stated he did not think the previous clientele would be customers at his restaurant and this is a family type restaurant. Mayor Bacon asked Mr. Paredes if he was aware there were problems at that location before and Mr. Paredes stated he was not aware of that until after he had signed the lease and began making the renovations. He stated someone has to give that location and good reputation and he would like that opportunity. Councilwoman Capilouto stated she had received a fax letter from the President of Farmstead Homeowners Association with 97 individual owners' signatures opposing the liquor license at this location (which will be a part of the record). Councilman Wood asked Mr. Paredes if the license is granted, did he plan to operate the outside patio. Mr. Paredes responded he did. Mr. Wood asked if he was aware of the very close proximity of the day care business next door. Mr. Paredes responded he was and had talked to Mr. Ted Jones, the leasing agent, about that and Mr. Jones had informed him that location was OK and had a liquor license before and that he would just have to appear before the Mayor and Council and request one. Councilman Lnenicka asked Mr. Paredes why it is important to have a liquor license at this location. Mr: Paredes stated that by the nature of a Mexican restaurant, the liquor license is necessary. Mr. Lnenicka asked if the restaurant is designed for young couples, families or just what type clientele. Mr. Paredes responded it is designed for families. Councilman Cramer asked Mr. Stokes about the distance requirement from a school. Mr. Stokes responded that was not his department. Ms. Capilouto stated the day care center does have a kindergarten curriculum and therefore the distance requirement (from a school) has not been met. Councilman Lnenicka stated he had some concerns with the agent applying to hold the license. He further stated the Police Department has made several unsuccessful attempts to contact her and if a violation occurred at the business location, it would be difficult to reach her. Mr. Paredes asked Councilman Lnenicka what would be required for this license and Mr. Lnenicka stated an agent that met all the requirements. Mr. Paredes stated he knew Ms. Garcia is a respectful person, and he believed that she lives at the Powers Ferry address. Mr. Lnenicka stated there was no proof that Ms. Garcia resides at the 899 Powers Ferry Road address and that is required. Mr. Paredes asked if a notarized letter would be'sufficient and Mr. Lnenicka stated the notarized letter would only verify that the signature on the letter is authentic and has nothing to do with verifying residency. Councilwoman Capilouto stated her main concern is the fact that Ms. Garcia can not prove she is a Cobb County resident. Councilwoman Capilouto made a motion the alcoholic beverage license request for Serenata Yoamp's d/b/a Serenata at 2528 Spring Road be denied. Councilman Scoggins seconded the S June 17, 1996, meeting - continued motion. Motion was approved 6-0. FORMAL BUSINESS: (A) Request for Permit for Recreational Area - Walton Park Apartment Complex Mr. Thomson stated Mr. Barry Teague is representing Walton Park Apartments and is requesting the approval of the location and use of the property to the rear of Walton Park Apartments as a recreational use area. Councilman Wood asked Mr. Teague what he plans to do at the Walton Park Apartment complex and why. Mr. Teague introduced Rex Bray, of the engineering firm of Planners and Engineers. He stated behind the apartment complex are nine and one-half acres which he would like to use for recreational purposes. He stated under the current zoning, a park and recreational area can be built but it does require permission by the Mayor and Council. He then stated they are here tonight requesting that permission. Mr. Teague stated the site is currently all wooded, with a stream running through it and both sides of the stream have very steep banks and there is a flat area at the top of a hill in that area. He stated they are proposing to clear out a large area for open space for the apartment residents, mainly for the children, to provide them a place to play. He stated they are trying to create a park between the two phases of Walton Park. He stated they also have plans for a 1200 foot leisure path, either concrete or asphalt, 6 or 8 feet wide that can be used for roller skating, bicycling, walking, jogging, etc., and that will go around the large grassy area (approximately 2 acres) and around that will be park benches, picnic tables and the only structure they plan to build is a gazebo for aesthetic purposes to make the area look more like a park. He stated there is one other structure they plan to build and that is a bridge across the stream to also make it look like a park. Mr. Teague stated they do not plan any ball parks. Mr. Wood stated he understands the area is buffered from any single-family residential dwellings and will be for residents of Walton Park. Councilman Wood made a motion the request for recreation area at Walton Park apartment complex be approved. Councilman Hawkins seconded the motion. Motion was approved 6-0. (B) Renewal of City Insurance (Vehicle and Workman's Compensation) with Zurich American Councilman Wood stated it is time for renewal of the City's liability insurance - general liability, law enforcement liability, property type liability, contractor's equipment liability, EDP, crime, etc. Councilman Wood made a motion to approve the renewal of the city's insurance with Zurich American through their brokers, Saville and Associates. Councilman Cramer seconded the motion. Motion was approved 6-0. (C) Approve Audit for Ad Valorem Tax by GMA Mr. Thomson stated the Council has been concerned that the city may not be receiving all the revenue due the city from ad valorem taxes and E-911 charges. He further stated the recommendation is to agree with the Finance and Administration Committee's endorsement of enlisting the Georgia Municipal Association to audit both the ad valorem tax revenue and the E-911 audits for the amounts specified in the issue paper. Councilman Wood stated the F&A Committee has looked at these for some time and they are looking for ways to enhance the revenue of the City. Councilman Wood made a motion to approve the audit of the ad valorem tax by GMA in the amount of $17,000 with travel and related expenses not to exceed a total of $2,000 per audit. Councilman Lnenicka seconded the motion. Motion was approved 6-0. (D) Approve Audit for 911 System by GMA Councilman Wood stated these funds deal with the 911 surcharges on the telephone bills and the bill states the charge is levied by the City of Smyrna to support the 911 Center. He stated the monies collected are to support the 911 center but only pay about 50% of the cost of operating the 911 Center. Councilman Wood made a motion to approve the audit of the 911 System by GMA at a cost of $18,500 with travel and related expenses not to exceed a total of $2,000 per audit. Councilman Lnenicka seconded the motion. Motion was approved 6-0. June 17, 1996, meeting - continued (E) Ordinance Amendment - Sections 98-5 and 98-6 - Weight Limit of Vehicles Mr. Thomson stated the Community Development Committee recommends the changes that are outlined in the issue paper that deal with the weight limits on both Campbell Road bridge and a weight limit restriction on various streets in the city. Councilman Lnenicka stated it was discovered during the hearings on the CVS Pharmacy site (Ridge Road and Atlanta Road) that there was a loophole, in effect, in the traffic ordinances. He further stated the city thought there were ordinances that restricted commercial trucks from using residential streets and they discovered that was not exactly true. He stated they had revised Sections 98-5 and 98-6 to close that loophole. He read the proposed ordinance amendments as follows:Section 98-5 will read as follows: a. Notwithstanding the provisions of section 98-6 of this article, all trucks which have a manufacturers Gross Vehicle Weight Rating (G.V.W.R.) or Gross Combination Weight Rating of 18,000 pounds or more are hereby prohibited from using Campbell Road, to cross over the railroad tracks on the Campbell Road bridge. This is due to the weight limit of the bridge. b. This section shall not prohibit the operation of any truck to a destination on Campbell Road, nor shall it prohibit the operation of emergency vehicles on Campbell Road or the operation of trucks owned and operated by the city, any public utility, contractor, or materialman while engaged in the repair, maintenance or construction of streets, street improvements or street utilities on Campbell Road, as long as it meets the requirements outlined in Section 98-6. Section 98-6 will read as follows: "Except as otherwise provided in section 98-5 of this article, it shall be unlawful for any truck, bus or other vehicle weighing over 15,000 pounds, either loaded or unloaded, to travel over or upon any of the public streets of the city, except the following streets, which are hereby designated as direct routes for the use of such vehicles in passing through the city: Windy Hill Road, Concord Road, Spring Road, Atlanta Road, Hawthorne Street, South Cobb Drive, Cobb Parkway, Hargrove Road, Cumberland Circle, Oakdale Road, Village Parkway, East-West Connector and all roads within the Highlands Industrial Park. Emergency vehicles, school buses and vehicles making pickups or deliveries to destinations which may be reached only by traversing a public street other than those specified herein are excepted from the provisions of this section." Councilman Lnenicka made a motion the proposed ordinance modifications to Sections 98-5 and 98-6 be approved. Councilman Wood seconded the motion. Motion was approved 6-0. COMMERCIAL BUILDING PERMITS: (A) Temporary Use Permit - Thomas Enterprises - 300 Village Green Circle - Office Trailers Mayor Bacon asked if anyone was present tonight from Thomas Enterprises. There was not. Councilman Scoggins stated Mr. Thomas has experienced some problems with the weather and they are now getting started with the construction at 300 Village Green Circle. Councilman Scoggins made a motion the permit for office trailers be approved for a period of ninety (90) days. Councilman Wood seconded the motion. Motion was approved 6-0. (B) Temporary Use Permit (06-17-96 - 08-29-96) ACOG/Goode Pope Architects - park and Ride Facility - Cobb Center Parking Lot - 2200 South Cobb Drive Councilman Cramer asked the representatives from ACOG to come forward. Mr. Cramer stated he just learned this evening that Chief Hook has met with the representatives. Councilman Cramer stated in the packet submitted by ACOG there is no parking design as far as space included. Mr. Cramer stated he was not comfortable with approving this as submitted and further stated he has not seen any studies that show how the park and ride facility will impact the area. Mr. Rod Wilburn, Department of Transportation of ACOG, stated he had some information he would share with the council. Mr. Wilburn stated he would be happy to sit down and meet with Councilman Cramer and Chief Hook and review the plans in more detail. Mr. Wilburn stated he did have the help of the Georgia Department of Transportation that would be helping with the signage, both off the Interstate at the interchanges and the 17 June 17, 1996, meetinja - continued arterial roads, to make sure none of the traffic is wandering off onto streets the city does not want them on. He further stated the time period requested is to allow them time to mobilize the lot, and what they are dealing with is a small temporary trailer which serves as a staff facility; a canopy type tent to provide shade for persons at the load zone. He also stated they have been working with the Committee to work with on -lot security, which is a responsibility and will be paid for by ACOG through its security function; temporary lighting where it is necessary to make the lots safe; a small number of portalets which will be approved by and worked through by the Cobb County Health Department and that process is underway; BFI will handle any type refuse collection. He stated all the procedures, access plans, signage in place and Chief Hook's staff worked with them during that process. He stated he would have to meet with Councilman Cramer to give him the specific lot layouts. Councilman Cramer asked for a business card so he could contact Mr. Wilburn. Councilman Cramer indicated he would contact Mr. Wilburn this week in order to work out the details and meet on site. Mr. Cramer stated his concern was that he had not been involved in the briefings and could not approve a temporary use permit that could possibly stagnate Ward 5 for the travelers attending the Olympics. Mayor Bacon asked how many parking spaces are involved. Mr. Wilburn responded at Four Seasons approximately 1800 spaces and the Grand Illusions Lot approximately 1500. Mr. Wilburn stated that with both lots, their circulation plan gets the buses off the roadway. He stated they have all been concerned with getting the buses off the roadway so traffic will not back up. Mayor Bacon then asked if Mr. Wilburn was representing both Items 5-B and 5-C. Mr. Wilburn responded he is but was a little hesitant on Item 5-C because the property owner is part of the contract and will be handling the permits for that location. Councilman Lnenicka asked Mr. Wilburn to explain his concept for the Four Seasons parking lot and how traffic will be directed via signage. Mr. Wilburn stated he had a map that he showed the Mayor and Council and stated the current plan is to bring automobiles in off Pat Mell Road and Benson Poole Road into the entrances and he had worked with Chief Hook's staff and the Cobb County D.O.T. on this. He stated the auto access for that lot would be primarily from west, south and some from the north. In the cases of the buses for that lot, they would move up and down South Cobb Drive that would give a more direct route instead of going east toward I-75. He further stated that in working with the Cobb County Department of Engineering and the Smyrna Police Department, they felt they could come up and turn at the intersection and control the entrance into the lot from the north and set aside an area where the bus could come in, turn and do its load and unload and then exit without backing anything up. Councilman Lnenicka asked if they planned to direct traffic to and from this site from the interstates. Mr. Wilburn responded yes, the signage goes all the way from the interchange to the lot. Mr. Lnenicka asked if those routes had been mapped out from either I-285 or I-75 through Smyrna to this lot. Mr. Wilburn responded they had but he did not have that map with him tonight. He stated it is part of a notebook they have prepared for each one of the lots. He stated he was pretty sure he had provided the Lieutenant with one but was not sure if Chief Hook had one. Mr. Lnenicka asked if he knew what interchanges he would be using off the expressway. Mr. Wilburn stated yes but that he thought he was in error about pulling anything off I-285. He stated again with the Four Seasons lot, their intention was to put that lot in to service more of the local residents, their families and guests versus pulling traffic off the interstates. He stated in that case he did not believe he had any signage off I-285 because that was not their intention. He stated there is signage off 1-75 to pull traffic off and into the lots in Kennesaw, Marietta, Southern Tech and Lockheed parking lots. Councilman Lnenicka asked Mr. Wilburn if he had any estimate about the number of hours the police department employee time would be required to assist in manning that lot. Mr. Wilburn responded he did and stated he had a table that was included in the notebook he mentioned earlier. He stated they actually broke down the hours that they thought they would need police monitoring and that was discussed with the Lieutenant during the development of this plan. Mr. Wilburn stated he wanted to make clear the fact that the Lieutenant was one of many people who was trying to make sure they had a workable plan in place and was not speaking on behalf of the Police Department. Mr. Lnenicka asked if there is a reimbursement plan to the taxpayers of Smyrna for that expense. Mr. Wilburn responded no, what they have been able to do so far is to charge for the lots -and the charge is adequate to handle the charge to ACOG of leasing or acquiring the sites, the lighting, on -site security and those types of things. He stated they have tried to minimize the extent to which they have to ask for assistance from the Smyrna Police Department. He stated obviously there would be some hours each day, depending on how heavy the load is, where they would need some help from the police department. Mr. Wilburn stated the reason they are doing these lots is certainly for any spectator and they would hope this lot location would be responding to Smyrna and other area residents. Mayor Bacon asked what the fee would be and Mr. Wilburn responded $10. Councilman Lnenicka told Mr. Cramer he would like to know more about the economic impact from the meetings he plans to hold with Mr. Wilburn. Councilman Wood asked Mr. Wilburn if the lot at Four Seasons would be considered a Park and Ride June 17, 1996, meeting - continued facility and could people actually drive to the venues at the Olympics. Mr. Wilburn responded the lot would be a park and ride facility and there are only two venues that has parking available and that is Wolf Creek (shooting preserve in South Fulton) and some parking for tennis and that is it. Mr. Wilburn stated from the park and ride lots that service the downtown area, the buses will go to one of two unload zones downtown - one near the dome and the new Fulton County Stadium. Mr. Wilburn stated they would like to route traffic through Paces Road, Atlanta Road, Campbell Road to Spring Road. Mr. Lnenicka asked him to stop right there because if they planned to route traffic through the residential areas on Campbell Road with a railroad bridge with a weight limit that would be a big problem. Mr. Wilburn stated they would like the assistance of Council to find an access plan that would satisfy everyone. Mr. Lnenicka stated if they are talking about routing that type of commercial traffic through a residential subdivision, which is what Argyle Estates is on Campbell Road, he would say the city would have to think again because those residents have the right to the enjoyment of that residential area. Councilman Cramer made a motion that the temporary use permit for the Cobb Center park and ride facility be tabled to the June 25, 1996, special called meeting. Mr. Wilburn then asked Mr. Cramer to set up the follow-up meeting with anyone who would like to participate. Councilman Lnenicka seconded the motion. The motion was approved 6-0. (C) Temporary Use Permit (06-17-96 - 08-29-96) ACOG/Goode Pope Architects - park and Ride Facility - Grand Illusions Parking Lot - 3110 Sports Avenue Mayor Bacon asked the applicant, Bob Palmer, to come forward. Councilwoman Capilouto asked Mr. Palmer about the tent that has been set up at this location. Mr. Palmer responded he was not aware a tent had been placed on the site and would check on it when he leaves the meeting this evening. Mr. Palmer stated the traffic would not go through Campbell Road and he had sent over four alternate routes that he and Scott Stokes had gone over. Councilman Lnenicka asked how he plans to keep them off Campbell Road. Mr. Palmer stated with it being a public street there was actually no way to keep them off. He stated the Olympics is a world event and there is no way to avoid the traffic as spectators will be coming from all over the world. He stated hopefully the Department of Transportation will be able to direct traffic flow as much and as reasonably as possible. Mr. Palmer stated that prior to the Grand Illusions concept in 1993, traffic studies were done by Cobb County D.O.T. and Georgia D.O.T. which gave the recommendations and the allowance by Georgia D.O.T. to provide signage on the freeway directing traffic to Paces Ferry to Atlanta Road taking them to Spring Street at that point. He stated there are two alternate routes as well. Mr. Lnenicka stated he was curious as to who is going to provide all the signs or traffic direction on Atlanta Road. Mr. Palmer responded ACOG is going to be providing those. Mr. Lnenicka asked if they were going to fund the signage or the police officers to direct traffic. Mr. Palmer responded for that particular area for this particular site, in the negotiations he has held with Mr. Keith Kirschner and also George Eichler, ACOG would provide funding for those services. Mr. Lnenicka asked if Mr. Palmer was empowered by ACOG to commit them to this. Mr. Palmer responded all he could tell him was what his conversations with them have been and what they have explained to him what they are willing to do. He stated they also have the copies of the letters of the studies and have been in touch with D.O.T. He further stated what their" findings are he is not fully aware. Mr. Lnenicka stated the letters he is referencing from Cobb D.d.T. are three years old and they were talking about a proposed entertainment complex that would be mainly operating at night and not during the day with rush hour traffic which is a major factor on all these arteries. Mr. Palmer stated this is the same situation with the Park and Ride Facility in that you are not looking at continual traffic during the entire day. He stated the traffic would mostly be in the morning when people come in to go to the venues and in the evenings after they have returned from the Olympics. He stated the evening hours would realistically be after the rush hour traffic. Mr. Lnenicka stated he was concerned about the traffic that might travel Campbell Road, Spring Hill Road and residential areas and wondered how people could access this lot without destroying the sanctity of the residential neighborhoods. Mr. Palmer stated he could not guarantee that people would not travel Campbell Road but there are other options such as going east on Paces Ferry and going to Cumberland Parkway North and coming back around that way which is more of a commercial area. Mr. Lnenicka also stated the letters Mr. Palmer referred to were written with a different kind of complex with different hours of operation and was not meant as an endorsement for the park and ride facility proposed tonight. Councilwoman Capilouto stated she has two questions. She then asked what dollar amount were the senior citizens Mr. Palmer was representing going to receive from this venture. Mr. Palmer responded he could not relay that information as it was confidential. He stated he would address that issue with ACOG and if they allowed him to release that information he would. He stated ACOG has also agreed to grade, clean and gravel that property. Ms.Capilouto then asked if any of the elderly citizens he 1i June 17, 1996, meeting - continued represents live in Smyrna. Mr. Palmer stated he had a list of all the investors but he was not sure if any of them actually reside in Smyrna. Ms. Capilouto then asked what the intentions are for the lot. Mr. Palmer stated the finished lot would be a temporary parking facility. He stated they are utilizing the area not only of Grand Illusions property but two adjacent parcels. He also stated ACOG had a Marta bus out there today to determine if they could turn around at that area. He stated the cost factor of grading, graveling, clean up, fencing, lighting and everything that is going on there will be paid for by ACOG. He stated the reason for this is their familiarity with the plight of the twenty-nine elderly people who had invested in the property. Ms. Capilouto asked about the trailers, tents and portalets on the property and Mr. Palmer stated that was ACOG's department as discussed earlier by Mr. Wilburn. Ms. Capilouto stated due to the heavy volume of traffic on Spring Road 24 hours a day she has grave concerns about this proposal. Mayor Bacon stated the city was told today by the Cobb County D.O.T. that if this permit is granted, they would stop the Spring Road widening project for approximately five to six weeks. Mayor Bacon asked John Hibbard, Division Manager for Operations with Cobb County D.O.T., to come forward. Mr. Hibbard stated the Spring Road widening project would have to be delayed during the course of this operation. Councilman Lnenicka asked about the time of the work curtailment. Mr. Hibbard responded a total impact of approximately six weeks. Mr. Lnenicka asked Mr. Hibbard about the letter Mr. Palmer submitted, which Mr. Hibbard wrote, dated June 29, 1993, and asked if that letter endorses his proposal for a park and ride lot at that location. Mr. Hibbard responded a lot of things have occurred since 1993 and he stated he was not sure that they knew in 1993 how ACOG would be dealing with parking vehicles. Mayor Bacon recognized the following residents who spoke in opposition to the granting of the temporary use permit. They all cited traffic congestion as their main objection. Wendy Prater, 5184 Afton Way, Miles Stevenson, Chateau De Ville apartment complex, Margie Arbon, 5114 Afton Way, Lydia Coppell, 5176 Afton Way, Alison Hill, 5124 Afton Way, and David Prater, 5184 Afton Way. Mayor Bacon recognized Sue Brissey, 471 Havilon Way, who spoke in favor of granting the permit. Councilman Cramer stated he was concerned about the impact on the businesses in the area if this permit is approved. Councilman Lnenicka asked City Engineer to read excerpts from a memo he had written to Ms. Capilouto and himself outlining his concerns about this permit. Mr. Hildebrandt read the memo relating to a phone conversation he had with Mr. Hibbard last week. Mr. Hildebrandt stated he would agree with Mr. Hibbard's concerns about traffic operations and would anticipate severe traffic problems on the entire length of Spring Road as well as Cobb Parkway and Cumberland Circle as ar result of this park and ride lot. He stated he was also concerned about directing traffic to Atlanta Road and into Spring Road would create a great deal of through traffic on Campbell Road which is a residential street. There is also concern about the drainage on the site. There is a detention pond on the site that would be adequate but they are talking about additional grading that is required and that grading would need to direct the water to the detention pond and erosion control. He further stated he has not received any erosion control plans and Colonial Pipeline, adjacent to this property, has had a lot of erosion problems as a result of the grading on the site and that would be a concern. Councilwoman Capilouto stated she has two letters, from the homeowners association for Farmstead and Falling Waters opposing the granting of this temporary use permit. Councilwoman Capilouto made a motion the temporary use permit for a park and ride lot at 3110 Sports Avenue be denied. Councilman Scoggins seconded the motion. Motion was approved 6-0. BID AWARDS: (A) Spring Road Water Line Mr. Thomson stated this is for the relocation of the water line on Spring Road from Campbell Road to Spring Street. He further stated the relocation is necessary because existing water lines will be in conflict with the future storm drainage system when Spring Road is widened. Mr. Thomson stated the Public Works Committee recommends the bid be awarded to the low bidder, Tippens Contracting Company, Inc. for $267,584. Councilman Scoggins stated his committee has reviewed the bids. Councilman Scoggins made a motion the bid for the Spring Road water line be awarded to Tippens Contracting Company, Inc., the low bidder June 17, 1996, meeting - continued meeting specifications, for $267,584. Councilman Wood seconded the motion. Motion was approved 6-0. (B) EAP (Employee Assistance Program) Contract Mr. Thomson reported the Human Resources Committee had met and reviewed the bids and recommends the bid be awarded to Cooper Psychological Services. Councilman Wood stated the city mailed five requests for proposals for the Employee Assistance Program. Two responses were received - Cooper Psychological Services and Families First. He further stated the' Human Resources Committee reviewed the bids and recommends the three year contract be awarded to Cooper Psychological Services, who had the lowest cost per employee per year. Mr. wood then made a motion the EAP Contract for the City of Smyrna be awarded to Cooper Psychological Services. Councilman Cramer seconded the motion. Motion was approved 6-0. CONSENT AGENDA: (A) Approval of June 3, 1996, Minutes (B) Approval of June 10, 1996, Minutes (C) Approval to Schedule a Special Called Meeting - June 25, 1996, at 7:30 p.m. - City Hall Council Chambers (D) Approval of Easement - Falling Waters Sign (E) Approval to Request Bids for Siding at Fire Station #3 Councilman Lnenicka made a motion to suspend the rules for the purpose of adding an item to the Consent Agenda. Councilman Cramer seconded the motion. Motion was approved 6-0. Councilman Lnenicka stated at the June 3, 1996, the city authorized the city to solicit bids for two vans for the Police Department. Given that this is the last regularly scheduled meeting for the year and these vans are budgeted for the current year budget, they want to try to get the vans while they are still available at a dealer. Councilman Lnenicka made a motion to add approval to purchase of two vans for the police department as Item 7-F of the Consent Agenda. Councilman Lnenicka asked Chief Hook to explain what the vans will be used for. Chief Hook reported there were two vans involved, one is a 15- passenger van which will be used to transport prisoners to and from the different facilities and there is only one 15-passenger van left in the North Georgia area and it is at Tidwell Ford and will sell it to the city at State contract price. The other van is a 3/4 ton work van and there is one at Wade Ford and will sell it to the city at contract price. It will be used in the Forensic Identification department. Councilman Wood stated he would like to comment about Item 7-C - Approval to schedule Special Called Meeting June 25, 1996. Mr. Wood stated they felt an issue of this importance and the timeliness of it, to allow the citizens to attend the meeting as well as time to review the budget, the Mayor and Council elected to schedule a Special Called Meeting for the specific purpose of dealing with a new budget which begins July 1, 1996. He stated that meeting date has been established as June 25, 1996, at 7:30 p.m. in the Council Chambers. Mr. Wood stated they would consider a budget totaling approximately $30,897,285. He stated the 1996 millage rate of 11.50 is proposed pending receipt of the certified tax digest from Cobb County Tax Assessor's office. Mr. Wood stated a copy of the proposed budget is available for inspection in the office of the City Clerk and any citizen who has an interest in reviewing that prior to the council meeting was encouraged to do so. Councilman Lnenicka made a motion the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 6-0. COMMITTEE REPORTS: Councilwoman Capilouto asked Michael Seigler for a report on the Library. Mr. Seigler reported there will be two genealogy classes this fall at the Library and urged everyone interested in attending to please register. Mr. Seigler also stated Lt. J. C. Martin has an exhibit of Civil War relics on display at the Library until the beginning of August. Councilwoman Capilouto asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio stated on Friday, June 21, at 8:00 p.m. the Don Miolla Orchestra will be the featured band for a concert on the Village Green. June 17, 1996, meeting - continued Councilman Scoggins asked Brenda Barrett for a report on the Public Works Department. Ms. Barrett responded the two -week clean up drive began today and asked the citizens to be sure to separate the paint cans and tires away from the other collectibles as they can not be placed in the same truck as the other material. Ms. Barrett reported the sanitation schedule for the week of July 4th will be as follows: the sanitation routes will be Monday and Wednesday and Tuesday and Friday. Councilman Scoggins asked Kathie Barton to report on behalf of Ann Kirk who is on vacation. Ms. Barton reported the Trash Troopers Program, handled by Cobb County, is now in force and will have a training program on Tuesday, June 18, at noon at the Administrative Annex on County Farm Road. She encouraged anyone interested in signing up for the session to call 528-1135. Councilman Hawkins stated he had no reports this evening. Councilman Cramer asked Chief Williams for a report from the Fire Department. Chief Williams read a list of tips on how to deal with the Olympics. Councilman Lnenicka read a note from a Creatwood Trail resident commending the City Engineer and the workmen responsible for correcting an erosion problem at the creek behind their home. Councilman Wood asked Kathie Barton for a report on the Community Relations Department. Ms. Barton stated the city is now on the Internet (WWW.Cl. SMYRNA.GA. US). Ms. Barton stated the city will be upgrading the city map for distribution prior to the end of the year. Ms. Barton also stated Georgia Trend Magazine will be canvassing people for the attributes of living in Smyrna and will publish that in their September issue. Councilman Wood congratulated Claudia Edgar and the Finance Department staff for receiving the awards presented tonight. Mayor Bacon asked Scott Stokes, Community Development Department, and Chris Corey, Human Resources Department, if they had a report this evening. They responded they did not. Mayor Bacon announced Mr. Thomson is resigning to accept a job in the private sector and the city wishes him well. Mayor Bacon also reported that Cameron DeLoach is out due to his wife's illness and stated he hoped Jackie is feeling better and wished her well. With no further business, meeting adjourned at 9:50 p.m. A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK B LL SCOGGINS, WARD AR, WARD 5 4;t zel �/ CHARLES PETE WOOD, WARD 7 R NO NEWCOMB, WARD 2 JAMES I . HAWKIN, W21RD 4 ADE S. LNEMCKA, W.