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09-05-1995 Regular MeetingSeptember 5, 1995 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. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Director Ray Curtis, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. Invocation was given by Reverend Gary Ellison, pastor of Calvary Baptist Church, followed by the pledge to the flag. Mayor Bacon stated there were several persons present this evening he wanted to recognize before the Citizens Input portion of the meeting. Mayor Bacon recognized Virgil Moon, Comptroller and Finance Director for Cobb County. Mr. Moon stated it was his pleasure to be present tonight representing the Government Finance Officer's Association of the United States and Canada and presented Finance Director Claudia Edgar with a Certificate of Achievement in Financial Reporting. He stated this is the highest award a government can receive in the United States and Canada for financially reporting the Annual Report. He stated only 1600 governments out of approximately 80,000 nationwide and the country of Canada receive this award. He further stated this puts Smyrna in the top 2% of all the country. He further stated the City should be very proud of this award. Mr. Moon explained the significance of this award is that the award is based on several criteria and over 1,000 questions are asked on the annual report and it is reviewed by an independent board and the City of Smyrna passed this exam with flying colors. Mr. Moon stated this is the eight consecutive time the City of Smyrna has received this award and congratulated the city on this achievement. Mr. Moon presented the award to Ms. Edgar and Councilman Pete Wood. Ms. Edgar stated she is very proud of this award and thanked the staff, the independent auditing firm of Anderson & Hunt for their cooperation and help. She stated she hopes the city will continue to receive this award. Councilman Jim Hawkins presented Ms. Jean Brannon with a crystal jonquil in appreciation for her years of service as the Ward 4 representative on the Clean City Commission. Ms. Brannon has resigned her position effective September 1, 1995. Mr. Hawkins thanked her for the past four and a half years she has served on this commission. Ms. Brannon thanked the city for the jonquil and said she had enjoyed her term on the commission. Councilman Pete Wood recognized Ms. Melissa Keeney, a Campbell High School student, who won the Cobb County Junior Miss Pageant. He further stated that two weeks ago Ms. Keeney competed in the Georgia Junior Miss competition in Macon (along with 31 other local winners) and won first runner-up to Georgia's Junior Miss. Mr. Wood stated Melissa is involved in many school activities including Varsity cheer -leading, Varsity Track and Advance Performance Chorale, Fellowship of Christian Athletes, student government and is also active in the church and their music ministry. Mr. Wood stated the city is proud of Melissa and the other future leaders that are part of our community. Mr. Wood then recognized Melissa Keeney. Ms. Keeney stated she was proud to be here and that the Junior Miss Program is an excellent event to be involved in and encouraged all eligible students to become involved in the program. Mayor Bacon recognized State Senator Charlie Tanksley. Senator Tanksley provided the Mayor and Council with an update on the reapportionment session in the Special Session of the Legislature and vowed to do all he could to protect the interests of the citizens of Smyrna and Cobb County. Senator Tanksley stated his position is one of minimal changes in the congressional district affecting Cobb County and Smyrna. He further stated he believes Smyrna will not become a part of the 5th Congressional District and he would support Smyrna and Cobb County remaining in either the 6th or 7th Congressional District. He stated the session would begin again tomorrow and the two highest probabilities for any reapportionment is a map that leaves Cobb County basically as it is with Smyrna in either the 6th and/or 7th district or a map being drawn by a three -judge panel because of a lack of a conference bill that can pass on both floors of the House. He further stated he would not vote against the interest of the political community of Smyrna or the mutual constituents on this reapportionment plan. Mayor Bacon stated Senator Tanksley and Representative Sauder have been in contact with his office during the reapportionment sessions and he expressed his appreciation to them for keeping us informed of the situation and their continued support of our community. September 5, 1995 meeting - continued CITIZENS INPUT: Mayor Bacon recognized Anne Brady, Cobb County School Board member, who stated the current school opening was the best ever in Cobb County. She stated the trailers on the Campbell High School campus will be moved to the front of the campus to allow them to build a new, huge science wing. She further stated the construction of this wing is possible due to the passage of the school bond last March. She further stated an architect has been hired for both the Wills and Campbell school campuses and the opening of the "new" Campbell High School will be the fall of 1997 at the current location of Wills High School and this work is now in progress. She stated the current Campbell High School location will be site of a middle school and will be a state -of -the art school. Ms. Brady presented the Mayor and Council with a brochure outlining the Campbell High School Academic Booster Club. PUBLIC HEARINGS: (A) Business License Request - Anytime Bail Bonding Company - 184 Roswell Street, Marietta Mr. Thomson stated Mr. Christopher J. Bohrer is applying for and has been given a copy of the ordinances concerning the operations of a bonding company. He also stated the Police Department has completed their investigation and has found nothing that would preclude the applicant from obtaining the license. Mayor Bacon asked Mr. Bohrer to come forward. Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the granting of this business license request. There was none. Councilman Wood asked Mr. Wood if he is currently in business in Cobb County and not in the City of Smyrna. Mr. Bohrer responded that was correct. Mr. Wood asked if he was currently writing bonds in the county and if he has an office in Marietta that he will be operating from. Mr. Bohrer responded that was correct. Mr. Wood asked Mr. Bohrer if he is a resident of the City of Smyrna and Mr. Bohrer replied yes. Mr. Wood stated he understood the three persons authorized to sign bonds are Mr. Bohrer, Scott G. Hall and James Hunter Hall. Mr. Bohrer responded he would probably add additional persons as he hires more employees and he will notify the city as that occurs. Councilman Scoggins asked Mr. Bohrer how long he had resided at 3393 Vinings North Trail and Mr. Bohrer responded he had been a resident there since 1987. Councilman Wood made a motion that the business license request for Anytime Bail Bonding Company located at 184 Roswell Street, Marietta, be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Rezoning Request - 1000 Curtis Drive - Rezone From O.I. (Office & Institutional) to G.C. (General Commercial) Mr. Thomson stated that originally on the issue paper, the recommendation which was in concurrence with the Planning and Zoning Board, was that the entire parcel, including the Shoney's Suites Motel on Tract 1 was to receive a rezoning on General Commercial. He further stated Mr. Stokes and Mr. Chuck Camp have conferred on that and recommend that the portion of the parcel which represents the Shoney's Suites be tabled but that the rezoning request for the remainder of the site being depicted as Out -parcel 1, 2 and 3 be heard as requested for General Commercial. Mayor Bacon recognized Garvis Sams who represents the applicant, Ultima Holdings L.L.C., and Mr. Steve Maxey of Ultima Holdings L.L.C. Mayor Bacon stated he thought the Zoning Department had contacted Mr. Sams office regarding clarification that the city needs to find out about the proper zoning category. Mr. Sams replied he would like to bring the Mayor and Council up to speed as to where they are with this application. Mr. Sams further stated this is an application to rezone the 7.02 acre site shown on his display board. He further stated the application was filed in the proper manner to get it before the planning commission and ultimately the city council. The application was originally for TS (Tourist Services) classification for the 2.38 acre hotel site, General Commercial for the three out -parcels. He also stated the day after the zoning application was filed, he received a call from Mr. Scott Stokes, who had talked the matter over with Robert Burns other staff members, and he told Mr. Sams it would be appropriate to amend the application to zone the entirety of the site for General Commercial, which would cover the hotel and the out -parcels. Mr. Sams stated he responded to Mr. Stokes that was fine if that September 5, 1995 meeting - continued makes the city feel better about the application, that certainly they could do that. He further stated they did amend the application in accordance with the staff's request and late last week Mr. Stokes had called him and said he was sorry, but he goofed. Mr. Sams stated he told Mr. Stokes he was sorry that he had too, because they have an extremely critical deadline and he was not trying to be presumptuous that the council is going to zone this property; but they have an extremely critical deadline with respect to the grading of the hotel site. He stated his suggestion is this, and he has talked with the city attorney about it, and he is not trying to usurp Mr. Camp's opinion to you, but his opinion is that they have filed a constitutional challenge to the existing O&I classification. He further stated he thought the city has the legal authority, based on the constitutional challenge, to allow them to proceed with respect to the TS parcel because TS is a more restrictive classification under the ordinance than the GC classification. He also stated he felt that the body of council have the authority to delete the application down to TS. He stated his understanding is that in an abundance of caution, Mr. Camp wants to proceed in re -advertising the property and he thinks it is wholly and entirely unnecessary because of the two legal reasons he has just given and number three, if for no other reason, because they do not have opposition. He stated in fact the most fervent opposition of applications for zoning in the City of Smyrna is actually on their side. Mr. Sams stated he thinks they are legally positioned to be able to go ahead with the presentation with respect to the entirety of the rezoning and will always defer to Mr. Camp's opinion but they were certainly prepared to proceed. He also stated he wished Mr. Stokes had not told him that although he is not trying to denigrate the staff, and did not think he was being anything but helpful. Mayor Bacon stated he felt it was the city's charge tonight to make sure things are done right and if the city put them in a position where they were told to do something that was incorrect, he felt the city should correct that. Mayor Bacon further stated he hoped the entire petition could be heard tonight and they could rule tonight without this applicant having to go back and jump through the same hoops again with the same zoning board because the city had told them to do something wrong. City Attorney Chuck Camp stated that unfortunately that was not possible because the property was not advertised for rezoning for a hotel in TS. He further stated there may not be opposition for GC but there could be opposition for TS. Councilman Wood asked Mr. Sams if there was a contract with someone to actually build the hotel property. Mr. Sams responded yes, that was with Sumner Suites, a division of Shoney's Suites Enterprises. He stated the architect is here tonight and it is under contract and that there is nothing speculative about this, and they wanted to start grading on Monday, September 11. Mr. Maxey stated if the zoning was approved tonight they wanted to obtain the grading permits to allow work to begin on Monday. Mayor Bacon asked if there was anyone present in opposition to granting of any part of this rezoning application. There was none. Councilman Hawkins asked Mr. Sams if he had originally wanted to advertise the property for rezoning in TS (Tourist Services) and upon the advice of the city, the zoning was upgraded. Mr. Sams responded that was correct. Mr. Hawkins stated he thought Mr. Sams had said something earlier that was a key issue and that was that he (Mr. Sams) thought this body had the authority, as long as the rezoning was down -zoned or went to a lower zoning, that the city could go ahead and hear that tonight without having to re -advertise because it is a less -impact zoning. Mr. Sams stated the reason he said that is contemporaneously with the application, they filed a constitutional challenge to the 0&1 classifications that are presently on the property. He further stated that what that says is that if you, as a legislative body, if the property is not constitutionally zoned, you need to do something to diffuse his constitutional challenge and that gives you the latitude to very honestly, and often times in an applicants displeasure, to put it in any zoning category you want to. He stated the case law is very clear that you can do that and you may be able to do that without a constitutional challenge. He further stated the city is empowered by what he has filed with his application to delete it to TS if you so desire to do that. Councilman Hawkins stated he is trying to get a good handle on the issues. He stated that what Mr. Sams is saying is that you could go ahead and start the grading on the condition the city will hear the zoning in two weeks and that would be the only way he could live with the postponement of this issue. Mr. Sams said no, sir, he was going to live with whatever this council and Mayor have to say. He said this is not any kind of threat, he is just trying to find a way to work through this but the timing is critical. He stated it is not critical with respect to the out parcels which fortunately are positioned to be heard tonight and presumably will be approved but it is critical with respect to the 2.3 acres. September 5, 1995 meeting - continued Councilman Hawkins asked if all they are planning to do over the next two weeks, until this is issue is heard again, is grading if they could obtain a grading permit under the present O&I zoning. Mr. Sams stated that was satisfactory if it met with Mr. Camp's approval. Mayor Bacon suggested the zoning request for the entire tract be heard. Mr. Sams stated the 7.02 acre tract is located on the east side of Hargrove Road near Hargrove's intersection with Curtis Drive, north of I-285. He stated that if this property looked familiar it is due to a number of reasons. Number one, it is located in an area which the Comprehensive Land Use Plan has denominated as a Neighborhood Activity Center, which contemplates hotel -type uses and also either retail or restaurant type uses. He said if it also looks familiar to the city, it is because in 1986 the property was annexed into the city and there were variances granted for twin ten -story office towers that were going to be put on there. He stated Cobb County had zoned it, the city annexed it, 440,000 square feet of office space and needless to say the market did not hold up and that never came to fruition. He stated what they are asking for tonight is a rezoning from that 0&1 classification and it is actually, not a down zoning but it certainly is a credible downsizing of the property. He stated they are asking for Tourist Services for the Sumner Suite Hotel, which is going to be a six -story building with 126 suites on the site. He stated this hotel does not have the restaurant, banquet facilities, but does have a hospitality suite that is set up for the purposes of continental breakfasts and the like. He further stated on Outparcel 1, they have received a commitment from Eckerd Drug Stores to build and construct a 10,258 square feet store. Outparcels 2 and 3, do not have firm commitments at this time but they are talking with restaurants for these sites. He stated they would like to be left with the latitude, if the council sees fit to rezone it to GC, to be able to put retail in there. He stated this is not a speculative rezoning; Eckerd's is in place, the Sumner Suites is in place but they are a little unsure about what is going to happen with Outparcels 2 and 3. One other thing he mentioned was that they do not want it zoned to a site plan specific with respect to the two outparcels because they may have to make one or the other larger or smaller. He further stated if the city wants to retain the authority to have them come back and present a more specific plan view once they get a user in place, they think that certainly would be appropriate. Mr. Sams stated what they have is a significant downsizing in terms of impact on the city and county's infrastructure. He stated they had submitted a traffic study from LRE contemporaneously with their application, which went one step beyond what they are typically required to do with the Community Impact Statement. He stated the traffic study showed that they are creating less than half the traffic that the ten -story office buildings would have created for the site. Mr. Sams thanked Ralph Hancock for his support of this development. Mr. Sams stated he had specific information about the widening projects that are going on at Hargrove and other engineering aspects of the site that he would be happy to go over but felt that it might be more appropriate if he addressed any questions anyone had for him. Councilman Newcomb asked if the setback was from the right-of-way the current right-of-way or the proposed right-of-way in the Hargrove Road widening. Mr. Sams responded it is the proposed right-of- way and what they are taking is .24 acres under the Moreland-Altobelli plan the last time they saw it in terms of frontage along Hargrove Road. Councilman Cramer asked how the widening of I-285 will affect the property. Mr. Sams responded to his knowledge, there would be no affect. Councilman Wood asked Mr. Sams about the ingress and egress on the property. Mr. Sams responded the ingress and egress would be off of Hargrove Road and they have an interiorly designed and oriented street, and of course ingress and egress off of Curtis Drive. He stated they will have inter -parcel access for better flow within the site itself. He stated that in talking with the city's engineers and Mr. Dobry of Cobb County, they have endorsed this plan from a traffic engineering standpoint as well as LRE engineers submitted their traffic volume study. He stated they have more than sufficient site distance which exceeds 300 feet. Councilman Patrick made a motion that the rezoning request of the remainder of this site, being depicted as Outparcels 1, 2 and 3 as described in the plat be zoned as General Commercial. Councilman Scoggins seconded the motion. Councilman Hawkins stated it appeared that the city is going to proceed on taking a vote on General Commercial. He then asked Mr. Sams if he would be able to build what he wants in that or will the city have to go back and face a legal challenge as to whether the city should go back to TS. Mr. Sams said no, sir, there is absolutely no legal challenge with respect to Parcels 1, 2, and 3. Mayor Bacon stated it was his understanding that what is going to happen is that the remaining acreage, September 5 1995 meeting - continued where the suites are, will have to go back for a rezoning before the Planning and Zoning Board and be re -advertised. He then asked Mr. Camp if that was correct. Mr. Camp responded that was correct. Mayor Bacon then stated he would hope that the city would bear any cost on that as far as advertising, and the cost of the actual hearing and we will allow Mr. Sams or whoever to go ahead and begin grading if that will help. Councilman Newcomb stated he had just had a side -bar with Mr. Stokes and he has indicated there is nothing to stop the issuance of a grading permit while the TS zoning on that larger parcel is pursued. Mr. Sams asked if he could ask a procedural question of the Mayor and Council. Mr. Sams asked that since the application is in and they have gone above and beyond what is required of them with respect to submission of it and all the reports and traffic study, he would assume that a simple letter from him amending it as he did the first time erroneously would be sufficient in order to get the property advertised and whatever. Mr. Camp responded that would be preferable although it is not necessary. Mr. Sams said he guessed what he needed to know is whether he needs to do something affirmatively to get this on track so that it appears. Mr. Camp said if he would do the letter that would be fine. Councilman Lnenicka asked Mr. Sams about the entrance on the inner parcel road. He then asked if they were making a commitment or if he was willing to agree to a stipulation that the inner parcel access road will be built as shown. Mr. Sams stated it has got to be in order for them to survive, yes, sir, it will be built. Mr. Sams also stated that as a stipulation of the zoning, they would be happy to do that. Councilman Cramer asked if the people would be coming out onto Hargrove Road and be able to turn left going to Cumberland Mall. Mr. Sams responded yes, it was his understanding that with the right-of- way they are taking on Hargrove Road, there will be some left -turn lanes into there. Councilman Lnenicka stated he has some real concerns about the access onto Cumberland Parkway. He stated that is a curve on a hill with some limited sight distance and you get a lot of cars coming through there at rush hour traffic and we are going to widen that road from four lanes to five lanes. He stated he personally does not think it will be safe to turn left out of that inner parcel access road and would feel much more comfortable with a right-in/right-out arrangement and let the traffic turn left at the traffic light. Mr. Lnenicka stated he felt someone could get killed if they tried to turn left across four or five lanes of traffic at rush hour. Mr. Sams stated the engineers have assured him the sight distance is sufficient. Mr. Maxey stated he was not sure he would have a problem with that but that he could not speak for the hotel. Mr. Sams stated what they could do is.look at this in the plan review process and if the city engineers feel a right-in/right-out is necessary they would consider it. Councilman Lnenicka then asked if Mr. Sams would be willing to agree to an amendment with two stipulations being that it would be right-in/right-out on Cumberland Parkway, for safety purposes, and secondly, the inner parcel access road would be built as shown so that there would be traffic from those outparcels 1, 2, and 3 over to Curtis Drive and not all of it shooting out from curb cuts on Cumberland Parkway. Mr. Sams responded affirmative as to the latter with respect to the inner parcel road, probably so with number one, but suggested the city engineers and their engineers recommend what is needed with respect to the right- in/right-out only. Mr. Lnenicka said his only concern is that if they approve the zoning tonight then they could make whatever recommendations they want and you could do whatever you want. Mayor Bacon stated there is another zoning hearing coming up in two weeks. Councilman Lnenicka said yes, but the city is approving Parcels 1, 2 and 3 which would include the access road. Mr. Sams stated they are willing to make it subject to the city staff's review and approval and if they say right-in/right-out that they will agree to that. Councilman Newcomb stated he felt the Cobb D.O.T. personnel are looking at this situation. He also stated he and City Engineer Ken Hildebrandt met with them two weeks ago and at that time they were not particularly well versed with this and wanted to take a look at it. They're redesigning that entire section from Curtis Drive all the way past the I-285 bridge. Mr. Newcomb stated he did not think the city would want to tie their hands by forcing a stipulation on these folks here tonight. Councilman Lnenicka said he felt it would be suicide for a driver to attempt to make a left turn out onto Hargrove Road with only four lanes there now without the widening, without the improvements, without the additional traffic that is going to cause. Councilman Lnenicka stated he would like to make a motion to amend Mr. Patrick's motion at this time Member 5. 1995 meeting - continued to add two stipulations that they will abide by the recommendations of our city engineer and chief building official as to the access on the inter -parcel road, whether it should be right-in/right-out or either way, and secondly, that the inter -parcel access road will be built as drawn so that there is traffic from those outparcels that will go over to Curtis Drive and not all of it will come out on Hargrove Road. Councilman Cramer seconded the motion. Motion to amend Mr. Patrick's motion was approved 7-0. After further discussion the motion and second were withdrawn. Mayor Bacon stated there is a motion on the floor to rezone Parcel 1, 2, and 3 to General Commercial. Motion was approved 7-0. Mayor Bacon stated the city will issue them a grading permit and hopefully will see them back in two weeks for the zoning of the 2.3 acre site to TS. Councilman Newcomb suggested another motion might be in order to change the Comprehensive Land Use Map designation. After lengthy discussion, it was decided the change to the Comprehensive Land Use Map would be discussed when the other parcel is considered for rezoning in two weeks. (C) Variance Request - To Exceed Maximum Height - 1000 Curtis Drive Mayor Bacon stated this issue pertains to the suites at 1000 Curtis Drive and will be considered simultaneously with the rezoning of this property in two weeks. Councilman Scoggins made a motion the variance request to exceed the maximum height at 1000 Curtis Drive be tabled to the September 18, 1995, council meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Variance Request - 3535 South Cobb Drive - Reduce Minimum Lot Width at Setback Line from 100 Feet to 87 Feet Mr. Thomson stated this lot will be divided to form two lots with one building. He further stated one of the lots will have an 87 foot building setback line and therefore the variance is needed. Mayor Bacon asked the applicant, Jerrie M. Huie, to come forward. Mayor Bacon asked if there was anyone present in opposition to the granting of the variance request at 3535 South Cobb Drive. There was none. Councilman Hawkins asked Mr. Huie to come forward. Mr. Hawkins asked if Mr. Huie is representing Ms. Wooten and Ms. Goethe. Mr. Huie responded that was correct. Mr. Hawkins explained Items 3-D, 3-E and 3-F are all concerned with the same property. He further stated that basically what is to be considered is one piece of property, located in front of the Kroger Shopping Center on South Drive, which is currently used in the summer months as a produce stand. He further stated there is one piece of property which the owners want to separate and subdivide it into two lots. He stated there is 31,000 square feet in the original lot and under our ordinance you must have 20,000 square feet to build a general commercial building and the property is currently zoned GC. Mr. Hawkins stated in order for the applicant to do what he proposes, the property must be halved into two separate lots and once that is done two variances will be required -- that is to reduce the lot size on both lots (one lot will be 13,000 and the other lot will be 17,000). He further stated that on one lot, you are required to have a 100 foot width at the building setback line and on one of those lots there will only be 87 feet. Mr. Hawkins then asked Mr. Huie to tell the council why it is necessary to do this and what his plans are for the property. Mr. Huie stated Waffle House and Batteries Plus independently contacted the property owners with an interest in the property. Both of the business owners determined the property was too large and decided to work together to develop the property and then realized due to the 20,000 square foot restriction, variances would be necessary. He stated the properties would have a common firewall between Waffle House and Batteries Plus, cross easements for parking and access all through the property. They will jointly detain storm water and will have a joint dumpster pad. He stated they each want to own their own property. Councilman Hawkins asked what Batteries Plus actually does and Mr. Huie responded Mr. Al Kane is present tonight as their representative. He further explained Batteries Plus is a retail battery sales location and everything related to batteries - car batteries, flashlight batteries, hearing aid batteries, etc. Mr. Kane stated they will not have an automobile bay area - they are just a standard retail type store. September 5, 1995 meeting - continued Councilman Hawkins asked what type signage arrangements they have and Mr. Huie responded they have not fully decided that particular issue yet but probably they will have one sign shared but they would like to reserve a decision on that until later. Mr. Huie stated they may possibly have one sign at both locations and will close one of the driveways, the southern -most driveway on South Cobb Drive and one sign for Waffle House could be placed at the southern end of the property and the sign for Batteries Plus could be near the one driveway entrance on South Cobb Drive. Mayor Bacon stated he was concerned with the ingress/egress on South Cobb Drive since it is one of the most dangerous locations in Smyrna. Mr. Huie responded the Highway Department wants them to close the southern -most entrance and the one closest to the entrance to the shopping center would remain open. Councilman Wood asked if they would have a curb cut and access from Brown Road and Mr. Huie responded that was correct. Mr. Wood then asked about the configuration of the proposed Waffle House building and Mr. Huie responded it would be a more square building than is typical of the Waffle House buildings and presented pictures to the Mayor and Council for their review. Mr. Wood asked how many parking spaces Waffle House planned to have and Mr. Huie responded fifty plus. Councilman Hawkins stated he hoped everyone understands these three items (3-D, 3-E and 3-F) are all related. Councilman Hawkins made a motion that the variance request at 3535 South Cobb Drive to reduce the minimum lot width at the setback line from 100 feet to 87 feet be approved. Councilman Wood seconded the motion. Motion was approved 7-0. (E) Variance Request - 3535 South Cobb Drive - Reduce Minimum Lot Size from 20,000 Square Feet to 13,884 Square Feet (Parcel 1) Mayor Bacon stated this is a public hearing and asked if there was any opposition from the audience. There was none. Councilman Hawkins made a motion that the variance request at 3535 South Cobb Drive to reduce the minimum lot size from 20,000 square feet to 13,884 square feet (Parcel 1) be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (E) Variance Request - 3535 South Cobb Drive - Reduce Minimum Lot Size from 20,000 Square Feet to 17,466 Square Feet (Parcel 2) Mayor Bacon stated this is a public hearing and asked if there was any opposition from the audience. There was none. Councilman Hawkins made a motion that the variance request at 3535 South Cobb Drive to reduce the minimum lot size from 20,000 square feet to 17,466 square feet (Parcel 2) be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. Mayor Bacon asked Mr. Huie when the vacant service station would be torn down and Mr. Huie responded it would be done soon. He also stated there was some asbestos on the property and it would have to be abated. FORMAL BUSINESS: (A) Bid Opening (Bid #95011) - 147 Analog Telephone Sets Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: CIS Corporation, Syracuse, New York $17,884.00 PCM (Professional Communications Management, Inc) Norcross, Georgia $18,498.32 All Tel Supply, Inc. $13,714.30 Pathfinder $17,780.00 BellSouth Business Systems $40,740.62 September 5 1995 meeting - continued Councilman Scoggins made a motion the bids be turned over to the Finance & Administration Committee for their review with a recommendation to be brought back before council at the next meeting. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Bid Opening (Bid #95012) - 1995 Full Size Short Bed Pickup Mayor Bacon asked if there were any bids in the audience. There were none. One bid was received, opened and read as follows: Southlake Ford $13,538.00 Councilman Newcomb made a recommendation the bids be turned over to the Community Development Committee for their review with a recommendation to be brought back before council at the next meeting. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Bid Opening (Bid #95013) - Resurfacing Project Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: APAC $689,120.00 Bankhead Paving $516,966.50 Stewart Brothers, Inc. $432,059.00 E. R. Snell Paving $492,030.00 C. W. Matthews $418,062.71 Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their review with a recommendation to be brought back before council at the next meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Bid Opening (Bid #95014) - Field Lighting for Jonquil Park Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Lynn Lighting $21,975.00 TLS, Inc. No Bid Councilman Cramer made a motion the bids be turned over to the Parks and Recreation Committee for their review with a recommendation to be brought back before council at the next meeting. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (E) Appoint Election Superintendent and Absentee Ballot Clerks for November 7, 1995 Election Councilman Wood stated there are several appointments that need to be made in connection with the November election pertaining to the Election Superintendent and the Absentee Ballot Clerks. Mr. Wood stated Linda Smith has served as Elections Superintendent for many years and has done an excellent job for the city. He further stated Linda is experienced and maintains her training hours as required each year by State law. He stated the absentee ballot clerks must also be appointed and it is recommended that Melinda Dameron and Candis Joiner be appointed as Absentee Ballot Clerks. Mr. Wood made a motion that Linda Smith be appointed to serve as Elections Superintendent for the November 7, 1995, election and run-off election, if required. Councilman Hawkins seconded the motion. Motion was approved 7-0. Councilman Wood made a motion that Melinda Dameron and Candis Joiner be appointed as Absentee Ballot Clerks for the November 7, 1995, election and run-off election if required. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Appointments to Clean City Commission - Wards 1 and 4 Councilman Patrick made a motion that June Wolf, 2505 Rolling View Drive, be appointed as the Ward 1 representative on the Clean City Commission. Councilman Cramer seconded the motion. Motion was approved 7-0. September 5 1995 meeting - continued Councilman Hawkins made a motion that Lillian McCall, 982 McLinden Avenue, be appointed to serve as the Ward 4 representative on the Clean City Commission. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (G) Appointment to Parks and Recreation Commission - Ward 5 Councilman Cramer made a motion that Ralph Templeton, 2834 Stonecreek Road, be appointed to serve as the Ward 5 appointment to the Parks and Recreation Commission. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (H) Validate Petition to Annex 1.54 Acres on Pinetree Drive Mr. Thomson stated the city has received two petitions from homeowners on Pinetree Drive and the recommendation is to validate the petitions and advertise a public hearing for October 2, 1995. Councilman Lnenicka stated Mr. and Mrs. J. D. Daniel, 3355 Pinetree Drive, and Mr. and Mrs. James Patrick, 3359 Pinetree Drive. Councilman Lnenicka made a motion to validate the petitions and advertise for advertise for a public hearing on October 2, 1995. Councilman Wood seconded the motion. Motion was approved 7-0. Councilman Scoggins stated J. D. and Eddie Lee are pioneers of this city and helped build the city and he wanted to express his appreciation to them for wanting to be annexed into the city. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of August 21, 1995 Minutes (B) Approval to Request Bids for 1995 Street Restriping (C) Approval to Amend Speed Zone Ordinance - Reduce Speed Limit on Hargrove Road from 45 to 35 MPH - Reduce Speed Limit on Spring Road from 45 to 40 MPH (D) Approval to Request Bids - Riding Mower for Parks Department (E) Approval to Request Bids - Rescue Truck for Fire Department Mayor Bacon read the consent agenda and Councilman Newcomb stated that under Item C - Speed Limit on Spring Road should read from Cobb Parkway to Village Parkway. Mayor Bacon asked if this item was to be voted on since it was not on the agenda Thursday night. Councilman Newcomb stated he was prepared to move forward on this item. Councilman Lnenicka made a motion that Items 7-A, 7-13, 7-D and 7-E on the consent agenda be approved. Councilman Scoggins seconded the motion. Councilman Newcomb asked if the consent agenda was being amended. Mayor Bacon stated the items would be voted on separately. Motion was approved 7-0. Mayor Bacon stated item 7-C - Approval to Amend the Speed Zone Ordinance - Speed Limit on Hargrove Road from 45 to 35 MPH and Reduce Speed Limit on Spring Road from 45 to 40 MPH was open for discussion. Mayor Bacon stated this item was discussed prior to the meeting and in the agenda packet there was a recommendation from Chief Hook to reduce the speed limit on Hargrove Road but there was not a letter of recommendation from Chief Hook on reducing the speed limit on Spring Road. Mayor Bacon asked Chief Hook if he recommends the speed limit on Spring Road be reduced from 45 to 40 MPH. Chief Hook replied yes. After a lengthy discussion, Councilman Newcomb made a motion that Item 7-C on the consent agenda - Approval to Amend the Speed Zone Ordinance - Speed Limit on Hargrove Road from 45 to 35 MPH and Reduce Speed Limit on Spring Road (from Cobb Parkway to Atlanta Road) from 45 to 40 MPH be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. September 5, 1995 meeting - continued COMMITTEE REPORTS: Councilman Wood stated there is no report from the Finance Department other than the fact that the auditors are in going through the process and the audit should be available in October. Mayor Bacon complimented Ms. Edgar on the award she was presented tonight and asked her to express his appreciation to her staff for their excellent work. Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook reported there had been a couple of notable arrests recently. One arrest was made on August 4 when Jimmy Chastain responded to a call from the E-Z Store, Windy Hill Road, regarding a possible burglary in progress. Mr. Chastain apprehended the suspect who had packaged up over $1400 worth of stolen cigarettes; on August 29 the Police Department received a report of a larceny of a large amount of beer from the Exxon Station at Spring and Atlanta Road; two males subjects were stopped on Cobb Parkway by Lt. Carlson. The subjects were taken into custody and upon searching the vehicle they found there was more beer than was stolen and a large supply aspirin that was stolen from the Amoco Station across the street from the Exxon Station. He also reported on August 30, Terry McCormick and Kerry McCoy arrested a subject who had burglarized the Pro Canoe shop on Windy Hill; the subject was apprehended hiding in the kudzu in the wooded area behind the store. Chief Hook stated it should be noted that Officer McCoy participated in this arrest on his way home from work; he heard the call on his way home from work; watched the guy come out the back of the building and waited until the other patrol officers arrived and assisted in the apprehension. He stated this says a lot for our people and the new radio system the city has. He further stated each officer has their radio with them at all times and has resulted in several apprehensions of violators. Mayor Bacon asked Chief Hook to tell the citizens about the new radio system the Police Department has. Chief Hook responded it is the 800 megahertz system, which is very expensive, but puts the department in contact with everyone around Smyrna. He further stated everyone has their own portable radio and it is a very strong, clear signal and is so good the mobile radios are not actually needed although they are still in use. Chief Hook reported the system cost about a million dollars. Mayor Bacon asked Chief Hook if it was his opinion it was the best system available for public safety employees and Chief Hook responded it is definitely the best system on the market today. Mayor Bacon said he was glad to hear this as there had been a rumor recently circulating around Smyrna that our public safety officers were using obsolete, battery -operated walkie talkies and that our men were in danger. He further stated he would like to state that that is not the case as this system is the finest state -of -the art system available. Councilman Cramer stated these radios were in use during the tornado that damaged parts of Smyrna earlier this year and because of those radios, several off -duty public safety officers responded to the call for assistance. Chief Hook announced there had been several promotions in the Police Department recently: Lt. Houston was promoted to Captain; Patrolmen Black, Harrell, Keller, Lewallen and Zgonc were promoted to Sergeant. Councilman Lnenicka read a press release on August 28 from the U.S. Department of Justice, Kent B. Alexander, U.S. Attorney for the Northern District of Georgia, about the sentencing of a career bank offender for an armed bank robbery, commending two of our officers for their assistance in this arrest. Councilman Cramer asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio reported that on Saturday, September 16, from 6:00 - 9:00 p.m. at Rose Garden Park the Fall Music Festival will be taking place; on Saturday, October 28, the Golden Jonquil Masquerade Dance will be at the Community Center; on Tuesday, October 31, the Halloween Carnival will be at the Community Center from 6:00 - 9:00 p.m. Councilman Cramer reminded everyone the Homeowners Association of Chateau Walk will be having their meeting on Sunday, September 10, at 4:00 p.m. at the pool. Councilman Hawkins asked Chief Larry Williams for a report on the Fire Department. Chief Williams reported there had been a major fire at Cumberland Bridge Apartment complex this morning. A 24-unit building caught fire and four apartments were destroyed; five received heavy damage; three received light September 5 1995 meeting - continued smoke damage and were unable to be occupied due to the power and gas being turned off; twelve families were relocated by the apartment management and the Red Cross. He also stated Smyrna received assistance on this call from Cobb County from their ladder truck and a couple of pumpers. He stated there was approximately $500,000 damage to the complex. Councilman Hawkins asked about the new 800 megahertz radios for the Fire Department and Chief Williams responded they were shipped last Friday but have not arrived yet. Councilman Hawkins stated he thought Chief Williams was the first department head who requested the purchase of the 800 megahertz radio system, two years ago. Councilman Newcomb asked Chief Williams if the cause of the apartment fire was known at this time. Chief Williams reported that preliminary, very preliminary reports, indicate an electrical fire between the ceiling of the first floor and the floor of the second floor apartments and ran the full three stories of the apartment building to the attic. Chief Williams said all new apartment/business buildings are required to have sprinkler systems and that has prevented a lot of fires in our city. Councilman Hawkins expressed his sympathy to the family of Harold Peek who passed away last week. Mr. Peek was a resident in Ward 4 and an active part of our community. Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms. Kirk expressed her appreciation to Councilmen Hawkins and Patrick for their appointments to the Clean City Commission this evening. Ms. Kirk also thanked Councilman Hawkins for the recognition given to Ms. Jean Brannon for her years of service on the Commission. Ms. Kirk urged everyone to use the good weather to prepare their compost bins for the fall leaves and to prepare their flower beds for the jonquil bulbs that will be available October 1 and will be sold in bags of 50 bulbs for $10. Ms. Kirk also announced that beginning October 1, the city will have "Clean Up Month" and preparations are underway now for promotional information on that in preparation for enforcement of the new clean carport ordinances. Ms. Kirk reported to kick off this event, Goodwill Indudustries will be at the recycling center, 645 Spring Hill Drive, on Saturday, September 30, all day and will take items that are in good repair. Ms. Kirk reported that the Georgia Solid Waste Management Act calls for a mandatory banning of all yard wastes from the landfills in Georgia as of September, 1996. She further stated the City will no longer be able to pick up yard waste due to that act. Ms. Kirk also said the EPA will ban the burning of leaves and yard wastes as well therefore composting and/or recycling will be necessary. Councilman Scoggins asked Nancy Hancock for a report on the Cemetery Commission. Ms. Hancock reported the concrete was poured last week for the "Pathway of Honor" in the Smyrna Memorial Cemetery and the first order of bricks will be placed on Friday, September 8. She further indicated seventy-seven bricks have been sold so far. She encouraged anyone who wanted to see the "Pathway of Honor" to please do so. Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms. White congratulated the individuals in the Police Department who were recently promoted. Ms. White announced the Human Resources Department is preparing now to plan for 1995 entry police and fire examinations coming up. She stated that should take place within the next few weeks and hopes to have some information available at the next council meeting. Ms. White announced City Marshal Gene Golden has retired and stated there is an opening for that position. Ms. White stated the applications will be accepted until the close of business on Friday, September 8. Councilman Patrick asked Mr. Seigler for a report on the Library. Mr. Seigler reported there are two exhibits at the Library this month; Marsha Cox has a display of photographs covering everything from Louisville to Georgia to Mexico; Mr. Pete Wood has a display of baseball cards. With no further business, the meeting adjourned at 9:38 p.m. September 5, 1995 meeting - continued A. MAX BACON, MAYOR DAMERON, CITY CLERK J N PATRICK, WARD 1 RON NEWCOMB, WARD 2 bifL' scdGGINS,'WAIR6lXf TAMES M. HAWKINS, WARD 4 CHARLES PETE WOOD, WARD