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07-21-1997 Regular MeetingThe 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 Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Department representative Doug Cook, Clean and Beautiful Coordinator Ann Kirk, Human Resources Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Robin Broyles, Community Relations Director Maryclaire Andres, and representatives of the press. Invocation was given by Reverend Richard Hemphill, Trinity Baptist Church, followed by the pledge to the flag. Mayor Bacon recognized Chief Larry Williams who introduced the winners of the 1997 Georgia Police and Fire Games held in LaGrange, Georgia. Chief Williams reported ten firefighters attended the competition and introduced them as follows: Four -man Golf Tournament - Grady Ruff, Ken Doty, and Jack Collins; Two -man Golf Tournament - Steve Douglas and Jack Collins; Bass Fishing Tournament - Ron Towe, Scott Riddle; Tennis Doubles - Ron Towe and Dana Fawbush; Table Tennis - Ron Towe; 1600 Meter Run - Sandra Allen - Thompson; Toughest Fire Fighter - Aaron Bennett, Chris Mitchelli and Benjamin Eargle_ Mayor Bacon recognized Sue Verner, 3342 Creatwood Trail. Ms. Verner asked about the status of the study pertaining to the John Wieland Homes development on Atlanta Road. Councilman Lnenicka stated he had just received the report from the engineering firm and gave Ms. Verner a copy of the report. Mr. Lnenicka read from the report. Mr. Lnenicka read from the Welker and Associates report that the development is being built according to the plans prepared by Gaskins Surveying Company with the exception of the 48" discharge pipe which discharges storm water from Detention Pond "B." He further read that the plan shows the pipe system deflected to discharge the storm water more parallel to the receiving stream and not directly toward the adjacent property owner's lot. Mr. Lnenicka read that the Hydrology Study reflects that it appears to be properly done and that the drainage plans are in compliance with the city's development regulations and that no net increase in run-off was shown for the 2, 5, 10, 25, 50 and 100 year storm events from between undeveloped and developed conditions. The report indicated that the project is designed to be within compliance with the city's regulations. He further stated they had attached a copy of the hydrology study and a comparison of their results vs Gaskin's results. In summary, Welker and Associates reviewed the plans of the project, made onsite inspections of the project, performed a hydrology study of the project and found that the project is designed and is being built in compliance with the City's drainage regulations. They also recommend that the 48" drainage pipe system discharging Detention Pond "B"_be modified to be built more in accordance with the plans by adding a junction box and directing the discharge more parallel to the receiving stream. Also, they noted a smaller discharge pipe (36") could be used in place of the 48" pipe. Mr. Lnenicka stated he was reading from the cover letter and all the supporting documentation is on file in the City Engineer's office. Ms. Verner questioned what difference changing the angle of the discharge pipe would make. Mr. Lnenicka explained it would make the water merge with the stream as opposed to going into the stream and possibly creating increased erosion at that juncture. Mr. Lnenicka stated the city would like to meet with Ms. Verner now that the report has been received as well as the report from Ed Barrett from the Soil and Conservation Service to properly design and install, with the correct easements, whatever structure she and the city think would be appropriate in that area with all appropriate landscaping or siting or whatever the city could do to mitigate any concern or problems from that outlet. Ms. Verner asked several questions about drainage from the property and Councilman Lnenicka referred her to City Engineer Ken Hildebrandt and asked that they meet and discuss the situation. Ms. Verner then asked about the planned development across from the current location of Aunt Fanny's Cabin. Mr. Lnenicka responded that property is in unincorporated Cobb County and there are signs posted on the property. Mr. Lnenicka stated Pulte Development is planning to build single family subdivisions, condominiums, office and commercial space. Mr. Lnenicka stated he had just received the information today and there appears to be 298 proposed lots and seven commercial buildings. Councilman Lnenicka stated the proposed rezoning will go before the County Planning Commission on August 5, 1997 and before the Board of Commissioners on August 19, 1997. Ms. Verner expressed concern about the possibility of more water from this proposed development emptying into the creek near her property. Mr. Lnenicka stated the city has a very strong interest in what happens at that location. Mayor Bacon recognized Suzette Wallace, 3328 Creatwood Trail, who discussed the drainage pipe (48") discussed above. Ms. Wallace indicated she would like to be in attendance at the meetings to be scheduled by and with the City Engineer to discuss the drainage issue of the John Wieland Development. Ms. Wallace asked several questions about the study that had been conducted and soil, siltation and erosion issues mentioned Jam, 1997, meeting -continued by Ed Barrett. After a lengthy discussion, Ms. Wallace was encouraged to contact the Community Development Department. Mayor Bacon recognized Rebecca Strong, 1677 Creat Trail, who stated that if there is no such thing as increased run off, then why has the creek that runs in her back yard become more swollen when it rains. She further stated that the creek did not previously come up into in her back yard when she moved there but it now swells eight to twelve feet when it rains. She further stated that her run off becomes a "white water rafting" area and that the creek is forty-five feet across and growing every year. She stated when it rains now the creek is red from the silting from the Wieland Development. She expressed concerns about the flooding of her property. PUBLIC: HF.ARINGS7 (A) Variance Requests - 2424 Goodwood Boulevard - Reduce Left Side Yard Setback from 10 Feet to 8 Feet; Reduce Rear Yard Setback from 30 Feet to 10 Feet Mr. Smith stated these are individual variances for the side yard and the back yard. Mr. Smith stated the applicant, Florence Haines, is requesting to build a sun room and put an addition onto her deck thus creating the need for these variances. Mr. Smith stated Ms. Haines has contacted her adjoining neighbors and they have indicated they have no problem with these variance requests. Mayor Bacon asked Ms. Haines to come forward. Mayor Bacon then stated this is a public hearing and asked if anyone was present in opposition to the granting of these variance requests. There was none. Councilman Newcomb recognized Ms. Haines and Mr. Jerry Cundy, American Glass and Screen Company. Councilman Newcomb stated the current ordinances allow for a 10 foot side yard setback and a 30 foot rear yard setback. Mr. Newcomb explained Ms. Haines wants to vary down to 8 feet instead of 10 feet on the side yard and from 30 feet to 10 feet on the back yard for the purpose of adding a sun room and a deck on the back of her home. Ms. Haines stated she plans to build a small sun room on one side and because the sun room will overlap on the existing small deck that she has, it would only allow her about six to eight feet on that deck and that is why she is asking to extend her deck. Ms. Haines stated she plans to add on to the existing deck and landscape the back property to make it eye appealing and improve the entire area. Mr. Cundy stated the existing deck is 10' x 16' and the sun room will be a 12' by 12' octagon shaped room and plans are to build an 11' x 11' x 11' deck. He further stated the new deck will actually be 42' back from the furthest point because the lot is pie -shaped. Mr. Newcomb asked about what type wall will be on the side of the co - occupant of the building in which she resides. Mr. Cundy responded they will have a fire rated wall on that side and the other walls will be glass windows. Mr. Newcomb asked Mr. Cundy if he and Ms. Haines understand that they can build no closer than eight feet on the left hand side of the property (joint property line). Ms. Haines and Mr. Cundy stated that was correct. Ms. Haines stated the eight feet distance will only be for a short distance and then will go on an angle and be an even greater distance and that will be landscaped with dogwood trees and made very nice. Councilman Hawkins asked if the neighbor, who would have the common wall, has signed a letter stating they have no objection. Mr. Newcomb stated he has seen the letter and there is no objection. Councilman Newcomb made a motion to approve the variance request at 2424 Goodwood Boulevard to reduce the left side yard setback from 10 feet to 8 feet. Councilman Hawkins seconded the motion. Motion was approved 7-0. Councilman Newcomb made a motion to approve the variance request at 2424 Goodwood Boulevard to reduce the rear yard setback from 30 feet to 10 feet. Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Variance Request - 676 Windy Hill Road - Reduce Side Yard Setback from 50 Feet to 21 Feet Mr. Smith stated the applicant, Kim Coolbroth, has already performed the work and was not aware of the requirement to obtain a variance. Mr. Smith further stated the addition was added to better accommodate their customers (State Farm Insurance office). Mr. Smith stated both Kim Coolbroth and Michael Coolbroth are present tonight and have a letter signed by their neighbor indicating they have no objection to the variance. 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 Cramer asked Michael Coolbroth to explain the situation. Mr. Coolbroth stated he and his wife bought the business from Lewis Day, former State Farm agent, and did remodeling inside and outside the structure. He stated there was no porch or carport on the rear of the property and the parking is very limited on the front of the property. He further stated they were trying to encourage parking in the rear by paving the backyard and have put up the required fence and the carport/porch provides shelter and coverage for the back door. Councilman Cramer stated the Coolbroths are new business owners in the City of Smyrna and were unfamiliar with the variance requirements. Mr. Cramer stated their addition has enhanced the building on Windy Hill Road. Mr. Cramer stated for the record there is a letter from the affected property owner on the left that they have no objection to the variance requested. Councilman Cramer made a motion the variance request at 676 Windy Hill Road to reduce the side yard setback from 50 feet to 21 feet be approved. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Amendment to RAD Conditional Zoning at Church Road and Old Concord Road. Mr. Smith stated this is for the Polo Club subdivision and the applicant, Russell Barnett, is requesting to relocate the recreation area within the subdivision and rearrange the streets to improve the layout and if approved, will reduce the total number of lots by four from what was shown in the original layout. Mayor Bacon stated this is a public hearing and asked if anyone was present who wanted to speak to this issue. Mayor Bacon asked those who wished to speak, be administered the oath by the City Attorney. Councilman Cramer asked Mr. Barnett to briefly explain why this amendment is being requested. Mr. Barnett explained that originally the Polo Club plan that was presented had 177 and that plan was approved at that time. He further stated at that meeting in March, he indicated there were significant studies to be done in the flood plain area; significant wetlands delineation to do and at this point in time those have been completed along with the detention facilities studies they are required to do. He stated Walter Ashworth and Associates has done the hydrology and wetlands delineation studies and at this point they are requesting this change based results of those studies. He stated originally they planned for 220 lots with 177 lots approved in March and now they are down to 173 having lost 4 lots. He stated they have pulled all lots out of the flood plain area with the exception of a couple of corner lots that have a small portion in the flood plain. Mr. Barnett stated the tennis courts will be built at -grade (existing flood plain grade) and will not be affected and they are adding a pool and a large detention pond in the courtyard area. Mr. Cramer stated they will only be changing the setback on a couple of lots from 25 feet to 20 feet to adjust the houses on some of the corner lots. Mr. Barnett stated that was correct. Mayor Bacon recognized George Johnson, citizen of Cobb County, whose property abuts the proposed development. Mr. Johnson stated he has reviewed a small portion of the proposed project and stated there is a discrepancy on his warranty deed. He stated he would like the council to assist him in correcting the information so that the present deeds for property which he owns, and the surveyor's presentation, match. Mr. Johnson presented the information to the City Clerk (Certified copies his deeds plats obtained from Cobb County.) He stated he has talked with Mr. Barnett's surveyor and planned to talk with Mr. Barnett about it. Councilman Cramer stated Mr. Barnett was aware of Mr. Johnson's problem. Mr. Barnett stated he has talked with Mr. Gaskins of Gaskins Surveyors and there is a discrepancy but he feels certain they can resolve the dispute. Councilman Hawkins asked that City Engineer Ken Hildebrandt be in attendance at whatever meeting Mr. Barnett and Mr. Johnson have and report back to the council on the results of that meeting. Mayor Bacon recognized John Barker, 3406 Creek Valley Drive. Mr. Barker asked Mr. Barnett to point on the display the location of the proposed changes. Mr. Barnett explained primarily the changes were driven by the addition of the pool area and have identified all the larger caliper trees and in trying to save that they have moved a considerable number of lot lines and some of the roadway systems. He stated the other thing that drove the change was the detention pond for which the most appropriate place is in the courtyard area. Mr. Barnett stated the estate -lot area changed very little. Mayor Bacon recognized Jim Kirkland, 463 Dan Place, who asked if the name of the subdivision would continue to be The Polo Club and Mr. Barnett responded it would. Councilman Cramer made a motion that the RAD Conditional zoning at Church Road and Old Concord Road be amended as requested. Councilman Newcomb seconded the motion. Motion was approved 7-0. (Stipulations listed in minutes of August 18, 1997) (D) Approval to Permanently Close and Abandon a Portion of Shawnee Trail (50' Unimproved Right of Way on North Side of Mohawk Place) Councilman Lnenicka stated this is where Shawnee Trail deadends into Mohawk Place and used to be a driveway to Al and Edith Ingram's house. He further stated in all the public hearings held over the last couple of years on projects proposed for the area, it was agreed by both proposed developers and John Wieland and by the homeowners in the adjacent subdivisions that they did not want an entrance from whatever this development is, into Creatwood, Cedar Cliffs, Vinings North, Hickory Hills coming out that back entrance. He stated the city has made provisions to officially close that street at that dead end and abandon the right of way that the city has to the two adjacent property owners - Mr. William Handler and Mr. LaPorta. He further stated tonight the city is proposing to officially close that street and take a 50 foot unimproved right of way on the north side of Mohawk Place and abandon and dedicate it to the two adjacent property owners so that there could never be a public street put at that intersection. Mayor Bacon stated this is a public hearing and asked if anyone was present to address this issue. There was none. Councilman Lnenicka noted for the record that there is another item on the Consent Agenda (Item 7-F) which is to do the same thing -- begin the process for closing and abandonment of the northwest end of Shawnee Place. Councilman Lnenicka made a motion that the city permanently close and abandon that portion of Shawnee Trail being a 50 foot unimproved right of way on the north side of Mohawk Place and approve deeding it to the two adjacent property owners as listed. Councilman Cramer seconded the motion. Motion was approved 7-0. (A) Bid Opening - (Bid #97024) - New Holland Skid Loader Attachment(Parks and Recreation Department) Mayor Bacon asked if there were any bids in the audience. There were none. Parks Department representative Doug Cook explained this equipment will assist his work crews with preparing ball fields and will be used by the Public Works Department for roadside work. Mr. cook explained this attachment separates the rocks from the soil and makes it easier for the crews to rake the fields. The bids were opened and read as follows: Cobb County Tractor $5,755.56 West Cobb Lawn and Garden $7,318.00 Councilman Scoggins made a motion the bids be turned over to the Parks and Recreation Committee for their recommendation brought back before council at the next meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Validate Petition to Annex Property in Land Lot 620, 17th District, 2nd Section -Gaylor Street (.448 Acres) Mr. Smith stated Randall Jarvis and Sam H. Jarvis have submitted petitions requesting the annexation of their property at 1647 Gaylor Street. He further stated this .448 acre tact will be combined with a larger parcel at the corner of the East/West Connector and South Cobb Drive to facilitate construction of a new shopping center. Mr. Smith stated there is another annexation petition following this one. The legal description is as follows: All that tract or parcel of land lying and being in Land Lot 620 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, commence at the intersection of the northwesterly right of way of Camp Highland Road (40 foot R/W) with the northeasterly right of way of Gaylor Street (40 foot R/W); continue thence northwesterly along the northeasterly right of way of Gaylor Street and following the curvature thereof to the left, an arc distance of 59.66 feet (said arc being subtended by a chord of North 45 degrees 23 minutes 04 seconds West, 59.64 feet, and a radius of 720.00 feet); continuing thence northwesterly along the northeasterly right of way of Gaylor Street and following the curvature thereof to the left, an arc distance of 179.63 feet (said arc being subtended by a chord of North 54 degrees 21 minutes 53 seconds West, 179.30 feet, and a radius of 856.014 feet); continuing thence North 61 degrees 09 minutes 06 seconds West, along the northeasterly right of way of Gaylor Street, a distance of 87.95 feet to an iron pin and the TRUE POINT OF BEGINNING; from the TRUE POINT OF BEGINNING thus established, running thence North 33 degrees 25 minutes 19 seconds East, a distance of 127.46 feet to an iron pin; running thence North 47 degrees 59 minutes 35 seconds West, a distance of 133.00 feet to an iron pin; running thence South 46 degrees 03 minutes 56 seconds West, a distance of 137.07 feet to an iron pin located on the northeasterly right of way of Gaylor Street; running thence southeasterly along the northeasterly right of way of Gaylor Street and following the curvature thereof to the right an arc distance of 74.98 feet (said arc being subtended by a chord of South 50 degrees 46 minutes 33 seconds East, 74.97 feet, and a radius of 1034.093 feet); continuing thence southeasterly along the northeasterly right of way of Gaylor Street and following the curvature thereof to the left, an arc distance of 87.17 feet (said arc being subtended by a chord of South 52 degrees 37 minutes 57 seconds East, 87.14 feet, and a radius of 945.012 feet) to an iron pin and the TRUE POINT OF BEGINNING; said tract of land containing 0.448 acres or 19,515.5 square feet and being known as 1647 Gaylor Street. See motion below Item 4-C. (C) Validate Petition to Annex Property in Land Lot 621, 17th District, 2nd Section - South Cobb Drive (1.5 Acres) Councilman Lnenicka asked if any of the property owners were present. There were none. Councilman Lnenicka stated both property owners have approached the city to have their property annexed to a piece that is in between them. The legal description is as follows: All that certain property situated and being in Land Lot 621 of the 17th District and 2nd Section of Cobb County, Georgia, being Parcel 16 and more particularly described as follows: BEGINNING at the intersection of the southeastern right of way of Ivy Glen Drive with the southwestern right of way of South Cobb Drive (S.R. 280); thence southeasterly along said right of way of South Cobb Drive a distance of 300 feet to a point, said point being the POINT OF BEGINNING; thence continuing southeasterly along said right of way of South Cobb Drive a distance of 378 feet to a point; thence westerly a distance of 167 feet to a point; thence southerly a distance of 194 feet to a point on the common lot line of Land Lots 620 and 621; thence westerly along the common lot lines of Land Lots 620 and 621 a distance of 166 feet to a point; thence northwesterly a distance of 280 feet more or less to a point; thence northeasterly a distance of 326 feet to the POINT OF BEGINNING. Councilman Lnenicka stated the first item (4-B) is actually facing the East/West Connector west of South Cobb Drive and the second parcel is on South Cobb Drive just north of where the East West Connector comes in. Mr. Lnenicka stated the property owners want to combine their properties with the middle property owner and make it one parcel. He stated the property owner in the middle has announced plans that he wants to rezone that property to a General Commercial zoning. Mr. Lnenicka further stated that according to the information the zoning application has been received for a public hearing August 4, 1997, to rezone the property from R-15 to General Commercial. Mr. Lnenicka stated both items 4-B and 4-C are the same basic item -- approval of annexation into the city and set a public hearing for August 18, 1997. Councilman Lnenicka made a motion that the petition to annex the property in Land Lot 620, 17th District, 2nd Section (.448 acres) at 1647 Gaylor Street be validated and advertised for a public hearing date of August 18, 1997, be approved. Councilman Wood seconded the motion. Motion was approved 7-0. Councilman Lnenicka made a motion that the petition to annex the property (1.5 acres) on South Cobb Drive in Land Lot 621, 17th District, 2nd Section, as described above, be validated and advertised for a public hearing date of August 18, 1997, be approved. Councilman Wood seconded the motion. Motion was approved 7-0. (D) Approve Proposal by Tommy Jones (Aunt Fanny's Cabin Restoration) Mr. Smith stated this is the first part of a number of phases the city will be involved in regarding the relocation of what is known as Aunt Fanny's Cabin. Mr. Smith further stated Tommy Hart Jones performed the historic preservation analysis for the city, giving the city the background and opportunity that the city has to stabilize and move the cabin. He further stated the city has maintained contact with Mr. Jones, Historic Preservationist, regarding overseeing the project. Mr. Smith stated his proposal for $12,500.00 is divided into three parts outlined as follows. First part: Oversee and supervise the stabilization efforts which will enable the city to dismantle the cabin in some parts and move it (the central portion of the cabin). Second part: Production of floor plans and further study about the history of the cabin and consultation on the reconstruction. Third part: Oversee the reconstruction of the cabin itself when the city reaches that phase. Mr. Smith stated the payment will be made in two parts - $5,000 to oversee the stabilization and for consultation on the original floor plans and how it might be reconstructed with the remaining $7,500 contingent upon the final restoration of the cabin. Mr. Smith stated funding for this project will come from the Hotel/Motel Tax collected by the City of Smyrna. Councilman Lnenicka stated the city is under a time line if this project is to be accomplished and the structure must be moved from its current site on Campbell Road because of the subdivision construction that will begin there shortly. Mr. Lnenicka stated Mr. Jones is a historic preservationist and has offered his proposal outlined above with payment made in phases from the Hotel/Motel Tax fund which is 8% in the County and the city's share is 3%. Mr. Lnenicka further stated this is a restricted account and can only be used for items promoting tourism and the city can not spend that money on police cars or dump trucks and the money is in the Hotel/Motel Tax fund now, is unencumbered and available now. Councilman Scoggins stated the city is bound by law to use this fund specifically for tourism. Councilman Wood recognized Harold Smith, President of Smyrna Historical and Genealogical Society. Mr. Harold Smith, former mayor, commended the Mayor and Council for their proposal to move the cabin. Mr. Smith stated Aunt Fanny's Cabin is Smyrna's best known historical asset other than the Covered Bridge. He said this project, as well as the reproduction of the Smyrna Depot, is something he looks forward to as the reproduced depot will provide a new home for the Smyrna Museum. Mayor Bacon stated the city has been planning for a number of years to improve the corner of Atlanta Road and East Spring Street and obtained the property to finally assemble that site. He further stated the city has always talked about building a Welcome Center and the concept came from the Council to build a replica of the old depot and have a permanent location for the Smyrna Historical Society and the Museum and relocate Aunt Fanny's Cabin at that location. He stated the city will restore and preserve the old cabin the way it looked in the 1890's. He further stated the funding for the preservation of Aunt Fanny's Cabin and the construction of a new historical society/museum will be funded entirely from the Hotel/Motel Tax money. He stated the site preparation had been planned with monies budgeted for that. Councilman Cramer stated he hoped the news media would report the accurate facts about the preservation of this cabin. Councilman Lnenicka stated on the master plan designed in 1989, the city planned for a building on the corner of Atlanta Road and East Spring Street, including a replica of the depot or some type of Welcome Center. Mr. Lnenicka stated the situation with Aunt Fanny's Cabin requires quick decisions due to having to move the cabin in less than a month from its current site or the city will lose the opportunity to do anything with the structure. He stated on the agenda tonight (Items 4-D, 4-E and 4-F under formal business) are items that will allow the city to move forward with the relocation of the cabin. He stated the approval of Tommy Jones as preservationist consultant, approval of contract to stabilize the building for the move and the approval of the contract to actually move the structure off the site and store it at the Public Works facility will give the city time to do a lot of other studies as there are no official price quotes for the actual restoration; the city has estimates and proposals and ideas about what the budget could be. He stated it will also allow the city to talk about the history of the cabin which was built approximately in 1891 or perhaps 1890. He stated it was not here during the Civil War, was not a slave cabin, not a number of things associated with it and he feels it is important that the public understands what the city is proposing to do. He stated the approval of these items will allow the city time to do it. Mr. Lnenicka stated he wanted to stress that funds in the Hotel/Motel Tax fund can not be used for any purpose other than tourism. Councilman Hawkins stated he can not think of an entity anywhere in Smyrna that has a more nation-wide reputation other than Aunt Fanny's Cabin. He further stated it is synonymous with Smyrna. He stated it is a tribute to this community, her life and what she accomplished is a tribute, but the restaurant is very much worth saving and is part of the city's history and our past. Councilwoman Capilouto stated she had spent several hours this afternoon with the McKenna's, whose family owned the property. She stated she received a good history lesson and Mr. McKenna told her Aunt Fanny did not live in the cabin, was never a slave cabin, and she feels those stories should be put to rest. Councilman Newcomb stated it is more an issue of rebuilding a museum and a welcome center. He stated he feels these are very legitimate uses for the hotel/motel tax funds and they are needed in the downtown area. Mr. Newcomb stated he is less enamored with the history of Aunt Fanny's restaurant but thinks it is a very interesting building that was built in the 1890's. Mayor Bacon stated this project will in no way interfere with the next phase of the downtown which will hopefully be to construct a new Fire Station and this will not have any bearing on any project that the city has going on now or in the future. He stated they had made sure the Hotel/Motel Tax money be used for the restoration and moving part and also that some money had been budgeted for the site preparation for that property in downtown Smyrna. Councilman Lnenicka stated they have done a lot of work over the last several weeks, or month perhaps, to identify a lot of the facts in the situation and have identified funding sources that do� not require the use of general funds; a lot of work to identify the history and background of this particular cabin and also to develop the concept of what the welcome center/Smyrna museum could be. He stated there are still some details to work out but Items 4-D, 4-E and 4-F on the agenda tonight will give the city time to work out those details. Councilman Lnenicka made a motion that the city accept the proposal from Tommy Jones for the historic preservation services that he outlined with the payments to be made in phases from the Hotel/Motel funding tax. Councilman Wood seconded the motion. Motion was approved 7-0. Mayor Bacon stated that the Aunt Fanny's Cabin building was donated to the city by Mr. Joe Dewberry and Mr. Frank Johnson also donated a tremendous amount of items that were inside the cabin and also the city will be getting a check in the amount of $2,500 toward the restoration and the moving of the cabin from Mr. Dewberry and Mr. Johnson. He stated the city has also received other donations and anticipate receiving others. (E) Approve Proposal for Stabilization of Aunt Fanny's Cabin - Artigiano Woodworks Mr. Smith stated this is a very important part of the move that will be supervised by Tommy Jones. He stated the move is a complicated matter due to the age of the building and the woodworks company that the city is recommending will be involved in the stabilization effort that is outlined in the information the council has received. He stated the $6,312 charge for the stabilization, which also includes some of the dismantling associated with that, will be paid from the Hotel/Motel Tax account. Councilman Lnenicka stated the proposal is to stabilize the cabin and prepare it for the move. Councilman Lnenicka stated Artigiano Woodworks has presented a proposal for this service to the city in the total amount of $6,312 which can be funded entirely out of the Hotel/Motel Tax account which is an appropriate use for that,money and does not require any general fund expenditures. He stated the city has received $7,500 for this project so far -- $5,000 from CSX Railroad to help the city with the retaining wall on the site preparation and $2,5W from Joe Dewberry, the developer of the subdivision being built on the current site of the cabin, to put torward to the restoration of the cabin. He further stated he feels there will be a lot of interest among the public and businesses to support the city and help with the project. He stated he feels a number of the costs which the city might incur will be funded by donations by various groups and the city will be pursuing that in order to save money for the city. Councilman Lnenicka made a motion that the proposal from Artigiano Woodworks for the stabilization of Aunt Fanny's Cabin be approved as submitted for a total cost of $6,312, to be funded from the Hotel/Motel Tax account. Councilman Wood seconded the motion. Motion was approved 7-0. (F) Approve Proposal for Moving Aunt Fanny's Cabin Mr. Smith stated there have been several companies interested in moving the facility but since it is a historic structure it requires special effort to move. Mr. Smith stated this will be supervised by Tommy Jones after the stabilization effort. Mr. Smith further stated he and Scott Stokes have reviewed the proposals and Scott has talked with a number of people in the house moving business. Mr. Smith stated they are recommending Cochran Brothers House Movers be used to move this structure at their proposed total cost of $4,000. He further stated the structure will be moved temporarily and left on the beams while it is being further studied and examined by Tommy Jones and then it will eventually, assuming approval by council, move to the site very near city hall - across from Atlanta Road and West Spring Street -- at a cost of $4,000 and will be funded from the Hotel/Motel Tax fund. Councilman Lnenicka stated the charge for moving the structure does include moving the structure twice - once to the temporary storage location which will probably be the public works complex and then to relocate it to the site at Atlanta Road and East Spring Street as the final move. He stated the $4,000 charge is the total cost and again the funding source is the Hotel/Motel Tax account. Councilman Lnenicka made a motion to approve the relocation of Aunt Fanny's Cabin by awarding the business to Cochran Brothers House Movers for a price of $4,0(x) to be funded from the Hotel/Motel Tax account. Councilman Wood seconded the motion. Motion was approved 7-0. Mr. Smith stated he and Scott Stokes have met several times and discussed the move of the cabin. Mr. Smith stated Mr. Stokes has volunteered to oversee the project internally. Mr. Smith stated during the dismantling phase of the cabin, some of the city workers will be involved. (G) Ordinance Amendment - Section 98.4 - Overnight Parking Mr. Smith stated there have been a number of citizens in some wards concerned about parking of commercial vehicles in the residential areas and this is an amendment to Section 98-4 Code of Ordinances pertaining to those concerns. Mr. Smith read the ordinance as follows: It shall be unlawful for any person to park between the hours of 6:00 p.m. and 6:00 a.m. on the right of way of any residential street, or upon any residential property, any nonmotorized vehicle or conveyance, or any motorized commercial vehicle designated by the department of public safety for a license tag in any weight category higher than the 6,000 pound commercial classification. School buses shall not fall under this article. Councilman Scoggins stated the biggest problem the city is having is due to tractors and trailers parking in the city streets which is unlawful in a residential neighborhood. Mr. Lnenicka stated they have also been parking in private driveways. Mr. Scoggins stated those persons were cited and then parked in the yard which is legal. Mr. Scoggins stated this amendment clarifies the ordinance. Councilman Hawkins stated he has a couple of questions regarding this proposed amendment. He further stated it was his understanding that it has always been illegal to park a vehicle of this size on a residential street between 6:00 p.m. and 6:00 a.m. and that is not being changed. He stated it is his understanding that what is being added to the ordinance is the sentence reading `or upon any residential property." He stated he thought it was already against the ordinances of the City of Smyrna to park there. He then asked why the city has been requiring people to pour concrete pads in their front yard to park on. Councilman Newcomb stated they have been pulling into their driveways. Mr. Lnenicka stated it has always been illegal to park residential vehicles upon a front yard that is not a hard surface. He further stated what they have had is people parking commercial vehicles or tractor trailer cabs on their property -- perhaps on their driveway outside of the street and outside of the right of way -- but this still gives a bad appearance for the neighborhood. Mr. Hawkins stated he agrees and this has been a pet peeve of his for years. He stated he understands that what the council is saying is that if they take one of these commercial vehicles and pull it in their driveway then they are legal. He further stated now if any vehicle that weighs over 6,000 pounds can be pulled onto a driveway and be legal under the new ordinance. Mr. Hawkins stated he was curious about one thing -- under the ordinance it said "school buses shall not fall under this article" and asked did they not fall under the old article. Councilman Lnenicka stated they did not. Mr. Lnenicka stated the thought of the committee was that the city would specifically exempt them because there is a question as to whether they are a commercial vehicle or not. Mr. Hawkins stated his problem is that he has had this same complaint numerous times and feels it is just as dangerous to go around a school bus and that is the issue to him -- not whether or not it is a commercial vehicle. He asked that school buses be included in the ordinance. He further stated Cobb County provides a parking lot for buses to be parked in. Mr. Hawkins stated he feels the intent of this ordinance amendment is to improve the aesthetics of the community and he sees no difference in a school bus parked in a residential driveway as opposed to a big commercial vehicle. He stated he would offer to amend Section 98-4 to include school buses if they weigh over 6,000 pounds and submitted that as an amendment. Councilman Scoggins stated it was obvious there were several unanswered questions and made a motion the ordinance amendment for Section 98-4 be tabled until the next meeting - August 4, 1997. Councilman Hawkins seconded the motion. Motion to table was approved 7-0. (H) Approval of Agreement with Cobb County Board of Education - Ward Park Concurrent Use Agreement Mayor Bacon stated he understands this item has been requested to be tabled until the next meeting. Councilman Scoggins made a motion that approval of an agreement with the Cobb County Board of Education for use of Ward Park baseball field be tabled until the next meeting -- August 4, 1997. Councilman Hawkins seconded the motion. Motion to table was approved 7-0. (A) F & R Construction Company - Construction of 6,000 Square Foot Paint and Body Shop - Peach Auto and Collision - 3440 South Cobb Drive Councilman Hawkins asked Robin Broyles if the zoning in this area was correct to allow for the construction of this building and also asked about a brick front on the building. Mr. Broyles responded this is an appropriate use of the zoning at this location and the business has agreed to put a brick front on the building. Mr. Hawkins also asked about outside storage. Mr. Broyles stated long-term outside storage is prohibited in the General Commercial zoning but a vehicle can be stored outside for short periods of time. Mr. Hawkins asked if the city could require the business to store vehicles to be repaired in a back lot as opposed to the front of the business. Mr. Broyles stated there is quite a bit of parking space in the back and the owner had expressed concern about vehicles being parked in front of the building. He further stated the business owner did not want wrecked vehicles parked in front of the building. Councilman Hawkins asked Mr. Broyles to advise the business owner to keep the vehicles to be repaired out of sight. Councilman Hawkins made a motion that the building permit for F & R Construction Company for the construction of a 6,000 square foot paint and body shop (Peach Auto and Collision) at 3440 South Cobb Drive be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Conlan Company - Construction of 100,800 Square Foot Office Building - Atlantic Envelope Company - Highlands Ridge Road Councilman Wood stated this is another permit the city is delighted to approve with an estimated $2.8 million cost of construction. He stated this is the fourth major building at Highlands Park this year. He stated Atlantic Envelope will be built on Highlands Ridge Road. Councilman Wood made a motion the building permit for Conlan Construction Company for the construction of a 100,800 square foot office building (Atlantic Envelope Company) on Highlands Ridge road be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (A) Bid Award (Bid 97022) - Four 1997 Ford Crown Victoria Police Cars Councilman Newcomb stated two bids for the police vehicles were received at the last council meeting. One bid from Southlake Ford for $20,400/each and one from Beaudry for $17,996/each but noted the cars from Beaudry were 1996 models. He stated the Police Committee has studied the bids and recommends the bid be awarded to Southlake Ford. Councilman Newcomb made a motion the bid award for four 1997 Ford Crown Victoria police cars be awarded to Southlake Ford at a cost of $20,400/each or a total of $81,600. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Bid Award (Bid 97023) - Modular Block Retaining Wall Councilman Hawkins stated this bid is for the retaining wall that will be the beginning of the site preparation for the new welcome center and museum and will include the parcel for Aunt Fanny's Cabin. Mr. Hildebrandt stated the site on Atlanta Road just south of East Spring Street sits in a hole and in order to make the site more visible, the property needs to be filled and then line the rear of the property along the CSX right of way with a 6' high retaining wall. Mr. Hildebrandt explained this is a keystone retaining wall. Councilman Hawkins stated only one company submitted a bid (Wall Technologies) for the retaining wall. Mr. Hawkins stated he understand Mr. Hildebrandt has had some discussions with CSX Railroad about helping some on this wall. Mr. Hildebrandt stated CSX has agreed to donate $5,000 toward the construction of the wall. Councilman Hawkins thanked CSX for their donation and stated the city would welcome any donations for this project. Councilman Hawkins made a motion the bid for the modular block retaining wall be awarded to Wall Technologies for a total cost of $31,320. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Bid Award (Bid 97021) - Water Main Replacements on Balmoral Road, Lochlomand Lane, Collier Drive and Memory Lane Councilman Hawkins stated two bids were received for this project - Ardito Ditching and Pipeline and K-M Davis Construction. Councilman Hawkins stated Ardito Ditching and Pipeline was the low bidder for a total cost of $65,622. Councilman Hawkins made a motion the bid be awarded to the low bidder, Ardito Ditching and Pipeline, for a total cost of $65,622. Councilman Scoggins seconded the motion. Motion was approved 7-0. (D) Bid Award (Bid 97020) - Service Truck for Water/Sewer Division of Public Works Councilman Hawkins stated bids were opened for a service truck several meetings ago and the bids received were over the budgeted amount for this truck. Mr. Hawkins stated the Public Works Committee asked the staff at Public Works to review the specifications for the trucks to be sure they were correct. Mr. Hawkins stated the staff reported they could probably do just as well with a different model truck which would be slightly smaller but still able to do the work. Mr. Hawkins stated it is the committee's feeling that if the truck is re -bid under the new specifications a lesser expensive truck could be purchased. Councilman Hawkins stated the Public Works Committee recommends the bids be rejected and re -bid. Councilman Hawkins made a motion that the bids received for the service trick be rejected and re -bid this truck. Councilman Lnenicka seconded the motion. Motion to reject the bids was approved 7-0. (A) Approval of July 7, 1997, Minutes (B) Approval to Request Bids for New Vehicle for Community Development Department (C) Approval to Request Bids for Service Truck for Water/Sewer Division of Public Works (D) Approval to Request Bids - FY98 Street Resurfacing (E) Budget Adjustment - FY98 One Percent Road Improvement Budget (F) Approval to Advertise Abandonment and Closing of Northwest End of Shawnee Place (G) Approval to Install Speed Hump - Old Concord Road at Century 21 Realty (H)* Approval to Install Speed Humps on Walker Court Councilman Scoggins 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 7-0. Councilman Scoggins made a motion to add item 7-H* - Approval to Install Speed Humps on Walker Court. Councilman Lnenicka seconded the motion. Motion was approved 7-0. Councilman Lnenicka made a motion to approve the Consent Agenda. Councilman Hawkins seconded the motion. Motion was approved 7-0. Councilwoman Capilouto stated there is no report from the Fire Department this evening. Ms. Capilouto stated both Mr. Newcomb and Mr. Lnenicka worked very hard on the Spring Road Overlay District and stated she also sat in on those meetings last year as part of the area covered under the Spring Road Overlay begins at Cobb Parkway and involves Ward 1. Ms. Capilouto then asked Mayor Bacon about the problem of jaywalking in the city. Mayor Bacon responded that issue had been referred to the Police Committee for them to draft an ordinance dealing with jaywalking. Mayor Bacon directed the Police Committee to draft such an ordinance dealing with that issue and report back to council at the next council meeting. Councilman Newcomb, Chairman of the Police Committee, stated the committee will bring a written report on that issue to the council at the next meeting. Ms. Capilouto suggested the city attorney review the issue. Councilman Newcomb stated there were no reports from the Police/Court Services Committees this evening. Councilman Scoggins asked Scott Stokes what the city is doing to protect the health of the citizens in Smyrna who patronize local restaurants. He specifically asked about how often the restaurants are inspected for cleanliness. Mr. Stokes responded the Cobb County Board of Health is responsible for inspecting restaurants and inspects them routinely and the city only inspects them to make sure they are in compliance with building codes. Mr. Stokes reported if a citizen has a health -related concern involving a restaurant, the Cobb County Board of Health should be called and they will inspect the restaurant. Councilman Hawkins asked Scott Stokes for a statistical report from Public Works. Mr. Stokes reported the figures from the department. Councilman Cramer asked Ann Kirk for a report on Smyrna Clean and Beautiful. Ms. Kirk requested help from the citizens relative to illegal tire dumps anywhere in the State. Ms. Kirk further stated the Georgia Department of Natural Resources is asking anyone who has knowledge of any illegal tire dumps in the state of Georgia to report those locations to them. Ms. Kirk reported the State has money to clean up the illegal dumps and has already cleaned up four million tires from illegal dumps around the state. Ms. Kirk asked any citizen who has knowledge about illegal dumps to call her at 431-2863 and she will forward that information to the State. Ms. Kirk reported the adopt a mile last weekend included fifty-four volunteers who collected sixty-six bags of litter and provided 82 hours of service time to the city. Ms. Kirk thanked all those volunteers for their efforts. Ms. Kirk welcomed the Afton Downs Homeowners Association as the newest adopt a mile group and stated they have selected Bell Drive and the streets in their subdivision as their project. Ms. Kirk then gave a report on the recycling efforts. Ms. Kirk reported June was the best month so far and the city has recycled 124.95 tons of material saving the city $3,686 in tipping fees. Councilman Cramer asked Maryclaire Andres for a report on Community Relations. Ms. Andres reported on the upcoming field trip scheduled for July 29; Celebrate Smyrna, an event hosted by the Smyrna Division of the Cobb Chamber of Commerce on July 31; 125th Birthday celebration on August 1, and the grand opening of the Public Safety facility on Saturday, August 2. Councilman Lnenicka asked Claudia Edgar for a report from the Finance Department. Ms. Edgar reported the city's bond rating has been raised to a "AA-" rating from the previous rating of "A+ ." Ms. Edgar reported the upgrade reflects the expanding economic base, continued strong financial performance and position and maintenance of a manageable debt burden by the city. Mr. Lnenicka expressed his appreciation to Ms. Edgar and her staff for their work, as well as to the Mayor, Councilman Wood and City Administrator Howard Smith. Councilman Wood asked Mary Ann White for a report on the Human Resources Department. Ms. White stated there is one job opening in the Community Development Department for an additional City Marshall with applications being accepted until 5:00 p.m. on July 23. Ms. White also announced the Human Resources is preparing to have a written test in the Communications Division of the Police Department for communications operators and applications will be accepted through July 30. Ms. White stated the test date has not been set yet. Councilman Wood asked Michael Seigler for a report on the Library. Mr. Seigler reported June was another good month for the library with 14,319 items circulated and over 16,000 people used the library during the month. Mr. Seigler reported there are two good art displays at the library -- Claire Curtis has a display of water colors featuring scenes from Smyrna; Judy Hawkins of Concord Galleries has a display of handpainted fabrics and furniture. Mr. Seigler encouraged everyone to visit the displays. Mr. Seigler announced the Friends of the Library held their quarterly meeting last week and it was one of the best attended meetings ever. He also announced that over 100 new members have been recruited in the last two and one-half months. With no further business the meeting adjourned at 9:59 p.m. A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK Q CHARLENE CAPILOUTO, WARD 1 BILL SCOGGINS,wA,63 JACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 RON NEWCOMB, WARD 2