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July 6, 1999 Council Meeting July 6, 1999 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 Howard Smith, City Clerk Melinda Dameron, City Attorney J. Al Cochran and representatives of the press. Invocation was given by Reverend Steven Kimmel, followed by the pledge to the flag. CITIZENS INPUT: ... There was none. PUBLIC HEARINGS: Mayor Bacon stated Councilman Cramer has requested that Item (C) be heard first. See narrative below. (A) Variance Request - 2976 Reed Street - Reduce Front Yard Setback from 49.5 Feet to 41.0 Feet Mr. Smith stated Items (A) and (B) pertain to the same property. Mr. Smith stated Item (A) pertains to reducing the front yard setback. Mr. Smith further stated the applicant, Angela Green, wants to add an 8-foot by 15 foot covered porch on the front of her house and has indicated she has notification signed by her neighbors indicating no objection to the request. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request and Item (B) as well. There was no opposition. Mayor Bacon asked Ms. Green to come forward. Mr. Smith stated in reference to Item (B), Ms. Green has already placed the fence on the property and it is for the benefit of her daughter and was not aware of Smyrna's ordinance preventing fences in the front yard. Mr. Smith further stated this is a wooden fence in a portion of the front yard and is requesting a variance on that issue as well. Mayor Bacon again stated this is a public hearing and asked if anyone was present in opposition to the granting of either of the variances. There was no opposition. .. Councilman Hawkins asked Ms. Green to explain the request for a front yard setback for the purpose of building a front porch. Ms. Green explained that aside from the aesthetics of the front of the house, during rainy weather the rain splashes into the house when you open the front door. She explained this is due to the design of the roofline and the minimal overhang. Mr. Hawkins stated the house is actually almost 49 feet from the street and with the addition of this porch would still be 41 feet from the street. Mr. Hawkins stated Ms. Green has obtained signatures from almost everybody in that area and the residents on both sides of the property. Councilman Hawkins made a motion to approve the variance request at 2976 Reed Street to reduce the front yard setback from 49.5 feet to 41.0 feet. Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Variance Request - 2976 Reed Street - To Allow a Six-foot Fence in the Front Yard Setback -- See above narrative. Councilman Hawkins stated Ms. Green is requesting a variance to allow a six-foot fence in the front yard setback. Mr. Hawkins asked Ms. Green to explain why she built the fence. Ms. Green stated she built a decorative fence that comes into the front yard about 20 feet or so. She indicated the fence comes from the front of the house to the curb and the fence was built to allow her granddaughter to play in the yard with some privacy. Ms. Green stated she did not realize the fence was in violation of the city's ordinances until she was notified by the city. Councilman Hawkins stated the house is on a corner lot and the front door faces Reed Street and further explained the house is located almost in the middle of the lot. Mr. Hawkins stated there is quite a bit of traffic on the corner lot. Mr. Hawkins stated he has talked with a couple of the neighbors in the immediate vicinity and they believe the house looks much better than it ever has and support it. Councilman Hawkins made a motion to approve the variance request at 2976 Reed Street to allow a six-foot fence in the front yard setback. Councilman Wood seconded the motion. Motion was approved 7-0. July 6, 1999 meeting - continued (C) Rezoning Request - 815 Windy Hill Road (0.55 Acres) - From R-15 to L.C. (Limited Commercial Councilman Cramer stated that due to the timing and other issues that have come up and after talking with the applicant, he would like to table this issue to the July 19 council meeting. Mr. Cramer stated he has some information he would like to share with the residents concerning the property and feels he needs to have another neighborhood meeting. Mayor Bacon stated this is a public hearing and asked if anyone present would like to make any comments. He then asked Garvis Sams, Jr., to come forward. Mr. Sams stated he and Mr. Cramer had discussed this issue and he is present tonight to represent the applicant, Joel Haney. Mr. Sams stated he has no objections to the item being tabled but in view of the fact that he and the opposition are present he feels it would be appropriate to hear the request rather than tabling the issue. Mr. Cramer stated he did not think there would be public input unless the matter is tabled to the next meeting. Mr. Cramer made a motion to table the rezoning request at 815 Windy Hill Road from R-15 to L.C. to the July 19, 1999, council meeting. Councilman Lnenicka stated that before he seconds the motion, he asked that those interested parties present tonight be allowed to express their comments. Councilman Cramer withdrew his motion. Mayor Bacon again asked if anyone present would like to make any public comment concerning this rezoning request. There was no comment. Mr. Cramer made a motion to table the rezoning request at 815 Windy Hill Road from R-15 to L.C. to the July 19, 1999, council meeting. Councilman Cramer stated he will schedule a neighborhood meeting prior to the July 19 council meeting. Councilman Lnenicka seconded the motion. Motion to table was approved 7-0. Mr. Sams asked Mr. Cramer to let him know if there is any information or documentation that the city or residents need and he will be happy to provide that information. ...., (D) Business License Request - Pawn Mart, Inc. - 2175 Old Concord Road Mr. Smith stated this is a change of ownership and Terry Lance Norton will be the agent for this establishment. Mr. Smith stated Mr. Norton has been given a copy of the pawn shop ordinance and the Business License Officer has reviewed it with him. Mr. Smith stated the Police Department investigation revealed nothing that would preclude the issuance of the license. Mayor Bacon recognized the applicant, Mr. Norton, and stated this is a public hearing and asked if anyone was present in opposition to the granting of this request. There was no opposition. ...., Councilman Cramer asked Mr. Norton to identify his company, what they do and how he plans to distance this business from the previous business at this address. Mr. Norton, District Manager for Pawn Mart, Inc., stated they are a publicly held firm out of Fort Worth, Texas, under NASDAQ, PMRT. He stated what separates them from other pawn chains is the money they loan is not their own and they have no self-interest for their own self-gain. Mr. Norton stated they loan quite a bit more on collateral than the average mom and pop shop does and they also offer community service areas as well. Councilman Cramer asked Mr. Norton if they take firearms, and he responded they do not. Councilman Cramer asked Mr. Norton if they take cars or title pawns and Mr. Norton responded they do title loans and the traditional car title industry loan is at 25% and they are at 12.5%. Mr. Norton stated they are renting the building but they will be improving the appearance of the building. Mr. Norton stated the color of all their shops is green and white, with a green banner, and presented the council with an illustration of their shops. Mr. Norton stated they plan to totally retrofit the building inside and out. Councilman Wood asked Mr. Norton if they will occupy the entire building and Mr. N orton responded they will and they are still in negotiations with a tenant who is leasing a corner of the building as a beauty shop. Councilman Hawkins asked Mr. Norton about the loans on automobile totals and if they repossess a car, where will it go. Mr. Norton responded typically the automobile is taken to the Douglasville location. Mr. Hawkins then asked if there would be repossessed cars at this location. Mr. Norton responded there would not be cars parked at this location and further explained they will be taken to Douglasville where they will sit for thirty days to give the customer ample time to make do. Councilman Cramer stated that part of his motion will state the business can not have cars parked on the property no do car repairs at this location. Mr. Norton stated they do not have an auto repair service department so that will not be a problem. Councilman Newcomb asked Mr. Norton to outline their understanding of the record keeping responsibilities and what kind of report will have to be made to the police department. Mr. Norton responded they are required to get a drivers license photograph, drivers license number, height, weight, accurate description of the item being taken including serial number, model number and any damages, scratches or anything else and a fingerprint as well. He stated they will take that to the police department every Monday by .... ..... July 6, 1999 meeting - continued ... 8:00 p.m. and keep a record of it. He stated according to the city's ordinance the record is to be kept four years but Pawn Mart keeps it forever. Mr. Cramer asked Mr. Norton to describe what he plans to do with the Smyrna Police Department about updating and getting on line. Mr. Norton stated he had talked with Detective Hood and traditionally when an item is taken on pawn on Monday, sometimes it takes a week to detect if the item was stolen and picked up, redeemed or sold. Mr. Norton stated in Atlanta they have an on-line service where once they take an item it is directly wired to the Police Department so if it is discovered that it is stolen, it is immediately detected. Mr. Norton stated if there is a quicker dispatch with the police department with what they take and who brought it to them it is easier to detect if the item is stolen and the person can be caught. Mr. Norton stated if a customer comes into their shop with, for example, a laptop computer and does not know how to turn it on, with no serial number, they will not take the item. Mr. Norton stated if this happens, they will either seize the item or call the police. Mr. Norton further stated if a customer brings in a television set, in a box, they have to see a receipt and the receipt has to be a cash receipt as they do not accept a credit card receipt in the event a theft of the credit card had occurred. Councilman Cramer made a motion to approve the business license request of Pawn Mart, Inc., for a pawn shop license for Pawn Mart at 2175 Old Concord Road with the stipulation that there will be no car storage on the property and no automobile repairs at the location. Councilman Lnenicka seconded the motion. Motion was approved 7-0. Mr. Norton introduced Victor Hanson, the manager for this location. (E) Annexation Request - Pebblebrook and Buckner Roads (51.54 Acres) - Land Lots 542, 543, 610 and 611, 17th District, 2nd Section, Cobb County, Georgia Mr. Smith stated this annexation request comes from Whitefield Academy and the petition was validated at the June 7, 1999, council meeting and all legal advertising has been done. Mr. Smith stated if the annexation is approved the property will become a part of Ward 7 with an effective date of August 1, 1999. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the annexation. There was no opposition. .. Councilman Wood stated he and staff members have had the opportunity to meet, work and talk with a number of people from Whitefield Academy and the city is very pleased with this action tonight. Mr. Wood asked Headmaster Charles Johnston to briefly talk about the Academy. Mr. Johnston shared the mission statement of the Academy with the council and introduced Mr. Gary Patau, Carter and Associates, Mark Henderson, Carter and Associates, the academy's architects from Perkins and Webb - Barbara Crumm and Nathan Kirkman and several staff members - Ms. Tia Woodruff, teacher, and Mr. Robert Spiota, Director of Admissions. A visual presentation was displayed showing the proposed layout of the school. Councilman Wood made a motion that the annexation request of Whitefield Academy at Pebblebrook and Buckner Roads (51.54 Acres) in Land Lots 542,543,610 and 611, 17th District, 2nd Section, Cobb County, Georgia be approved and become a part of Ward 7 with an effective date of August 1, 1999. Councilman Lnenicka seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Approval of Intergovernmental Agreement Mr. Smith said this is a proposed intergovernmental agreement between the City of Smyrna and Cobb County and all the cities of Cobb County dealing with land use and the regulations and governance of annexation issues and dealing with disputes between the city and the County. .. Councilman Wood stated this item relates to House Bill 489 which was adopted by the Georgia Legislature in 1997. Mr . Wood stated the City of Smyrna does have an existing agreement with Cobb County and this agreement would be similar but does have some differences that the city is reviewing and on the advice of legal counsel, the item will be tabled until August 2, 1999. Councilman Cramer seconded the motion. Motion to table was approved 7-0. (B) Extension of Apartment Moratorium - July 7, 1999 to January 7,2000 Mr. Smith stated this is a continuation of the moratorium that has existed for a number of years in the city. July 6, 1999 meeting - continued Councilman Hawkins stated the city has had a moratorium for some time on the new construction of apartments. Mr. Hawkins stated it has been the policy of the city to encourage single-family homes. Councilman Hawkins made a motion to extend the apartment moratorium from July 7, 1999, to January 7, 2000. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Validate Petition to Annex Property - Concord Road (6.544 Acres) - Land Lot 241, 17th District, 2nd Section, Cobb County, Georgia Mr. Smith stated J. L. Harmon and Lamar and Mary Joyce O'Bryant have requested the annexation of 6.544 acres in Land Lot 241. Mr. Smith further stated Hatcher Homes is also apply for rezoning of this tract for construction of 19 single-family homes on this site. ... Councilman Wood stated this property is adjacent to the Concord Walk Subdivision and these are long-term property owners and they have entered into an arrangement with Mr. Ed Hatcher of Hatcher Homes to build 19 homes on this property. Mr. Wood stated this matter came before the Planning and Zoning Board last week. Councilman Wood made a motion that the petition of J. L. Harmon and Lamar and Mary Joyce O'Bryant to annex the property on Concord Road (6.544 Acres) be validated and set a public hearing date of August 2, 1999. (Legal description below.) Councilman Lnenicka seconded the motion. Motion was approved 7-0. Tract One All that tract or parcel of land lying and being in Land Lot 241 of the 1 ih District, 2nd Section, Cobb County, Georgia, containing 3.887 acres and being more particularly described as follows: Beginning at an iron pin located at the intersection of the center of Adams Place with the north line of Land Lot 241, said pin being 409.1 ' west of the northeast corner of said Land Lot; thence SO 1 degree 00 minutes 51 seconds East along the center of Adams Place, a private street with a 50' R/W, a distance of2l0.97' to an iron pin; thence N89 degrees 32 minutes 40 seconds East for a distance of 309.75' to an iron pin; thence S27 degrees 37 minutes 59 seconds West for a distance of 126.25' to an iron pin; thence S69 degrees 58 minutes 07 seconds West for a distance of 150.06' to an iron pin; thence S70 degrees 02 minutes 04 seconds West for a distance of 389.99' to an iron pin; thence N04 degrees 35 minutes 27 seconds West for a distance of 502.72' to an iron pin located on the north line of Land Lot 241; thence N89 degrees 15 minutes 28 seconds East along the north line of Land Lot 241 for a distance of3l7.37' to an iron pin and point of beginning. ... Tract Two All that tract or parcel of land lying and being in Land Lot 241 of the 1 ih District, 2nd Section, Cobb County, Georgia, containing 2.657 Acres and being more particularly described as follows: To find the True Point of Beginning commence at an iron pin located at the intersection of the center of Adams Place with the north line of Land Lot 241, said pin being 409.1 ' west of the northeast corner of said Land Lot; thence SO 1 degrees 00 minutes 51 seconds East along the center of Adams Place, a private street with a 50' RlW, a distance of2l0.97' to an iron pin; thence N89 degrees 32 minutes 40 seconds East for a distance of 309.75' to an iron pin; thence S27 degrees 37 minutes 59 seconds West for a distance of 126.25' to an iron pin; thence S69 degrees 58 minutes 07 seconds West for a distance of 150.06' to an iron pin, also being the True Point of Beginning; thence S37 degrees 03 minutes 25 seconds East for a distance of 262.46' to an iron pin located on the northerly R/W of Concord Road, having a 70' RlW; thence in a southwesterly direction along the northerly RlW of Concord Road and following the curvature thereof an Arc distance of 225.51' to an iron pin, said Arc being subtended by a chord of S43 degrees 48 minutes 34 seconds West a distance of225.46'; thence N41 degrees 44 minutes 51 seconds West for a distance of 212.71' to an iron pin; thence S46 degrees 39 minutes 26 seconds West for a distance of282.l9' to an iron pin; thence N04 degrees 35 minutes 27 seconds West for a distance of274.84' to an iron pin; thence N70 degrees 02 minutes 04 seconds East for a distance of 389.99' to an iron pin and True Point of Beginning. .... COMMERCIAL BUILDING PERMITS: There were none. July 6, 1999 meeting - continued BID AWARDS: (A) Bid Award (Bid #99020) - Landscaping Services for New Fire Station - 2620 Atlanta Road -- Councilman Newcomb stated bids were requested for landscaping at the new fire station. Mr. Newcomb stated three vendors were solicited with two responses - Williamson Landscaping with a bid of $16, 490.50 which includes irrigation for $2,400 and Post Landscape Group - $24,278.98 which included $4,494 for irrigation. Mr. Newcomb stated staff and the Fire Committee recommends the bid be awarded and moved that the bid be awarded to Williamson Landscaping for $16,490.50, the low bidder. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of June 21, 1999, Minutes (B) Approval to Use Council Chambers - Tuesday, July 13, 1999 - 7:00 - 9:00 p.m. for a Ward 6 Meeting (Hickory Hills and Vinings North Subdivisions and Nearby Areas) (C) Approval of Proprietary Proposal Georgia Power Company $29,000 From Parks Bond Proceeds) - Lighting at Cobb Center Park (Parking Lot Lights) (D) Approval to Request Bids for Shuffleboard Courts at Senior Pavilion - Church Street Center (CDBG) (E)* Approval to Use Council Chambers - Thursday, July 15, 1999 - 7:00 p.m. for a Ward 5 Meeting .. *Councilman Cramer made a motion to suspend the rules for the purpose of adding an item to the Consent Agenda and stated he would like to add approval to use the council chambers on July 15 for a Ward 5 neighborhood meeting. Councilman Lnenicka seconded the motion. Councilwoman Capilouto stated she would like some clarification. She further stated she understood from the Agenda Meeting on July 1 that no items could be placed on the agenda until that item was brought up and unanimously approved. Councilman Cramer stated this is on the Consent Agenda. Ms. Capilouto asked for clarification and if the Consent Agenda is exempt. Councilman Cramer stated he would withdraw the motion and he could have the meeting next week and approve the use of the room at the July 19 meeting. Mayor Bacon stated this has been done before. Ms. Capilouto stated it is not a big issue and an important issue but would like clarification about adding items to the agenda. Mayor Bacon stated he felt it was in order. Councilman Cramer stated that it only affects his Ward and does not affect anyone else or the city's budget. Councilman Cramer stated he is not adding an item to tax the city or spend money. Mayor Bacon stated there is a motion and a second to suspend the rules for the purpose of adding an item to the Consent Agenda. Motion was approved 7-0. Councilman Cramer made a motion to add item (E) Approval to Use the Council chambers, Thursday, July 15, at 7:00 p.m. for a Ward 5 Meeting to the Consent Agenda. Councilman Wood seconded the motion. Motion was approved 7-0. Councilman Lnenicka made a motion that the revised Consent Agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood stated the Welcome Center and Museum are doing a great job and he noticed there has been a number of visitors to both locations. He stated he noticed that Mr. Frank Garrett, the Atlanta Historian, visited the museum a week or so ago. He stated there are a lot of visitors from all over the country visiting the museum and it is being well received by a lot of folks. .. Councilman Lnenicka thanked the Smyrna American Legion Post 160 for their help along with Ken Hildebrandt and the Public Works Department for their persistence in placing the American flags along Atlanta Road over the holiday weekend. Councilman Lnenicka stated he is hosting a neighborhood meeting on Tuesday, July 13, in the council chambers. He stated the meeting will begin at 7:30 p.m. Councilman Cramer announced he is hosting a Ward 5 meeting on Thursday, July 15, at 7:00 p.m. in the council chambers. He stated the meeting will be for the Belmont Hills Subdivision. July 6, 1999 meeting - continued Councilman Hawkins stated at the last council meeting he announced that he would ask to have put on the agenda for this meeting a 2 % across the board cost of living raise for city employees. He stated this was his effort to offset what he felt like was something that is going to cost the city employees some money and was a cost adjustment. Mr. Hawkins stated he presented that issue paper to the council and it was discussed at length at the last Agenda Meeting and further stated he felt that was where Ms. Capilouto's question was coming from a few minutes ago. Mr. Hawkins stated as you notice, if you got a pre-printed agenda, that item is not on the agenda. Mr. Hawkins stated he felt he needed to speak to the issue since he publicly and for the record had stated that this be voted on. Mr. Hawkins stated that although no votes were taken Thursday night and after a lengthy discussion, the majority of the council felt that to go forward with an item that obviously did not have the votes to pass would be counterproductive and that it would cause division among the council and he would be responsible for the division. Mr. Hawkins stated for that reason he agreed to withdraw since the policy he thought was established as he understands it is in the future that if a individual council member wants to bring an issue forward, they must bring it up at an agenda meeting and get a majority approval to put it on the agenda before there can be a public discussion on the issue. Mr. Hawkins further stated in a spirit of cooperation and not to be a troublemaker or a showboater on this council, he withdrew that request. Mr. Hawkins stated that if he perceived the agreement the council had at that meeting would be, and his intent all along, to keep the employees from taking home less money as a result of the change in insurance and it is his understanding that there is an agreement that the committee will not come back in January with any recommendation that will cause an employee to take home less pay as a result of the increase in insurance premiums. He further stated that it was his understanding that when the city set the rate, and expressed his appreciation to the elected officials the delay until January the implementation of that rate increase, and stated he thought that was wise. Mr. Hawkins stated the committee is now studying a broad sector of other cities and some counties to see what other people are charging their employees and applauds that effort and looks forward to getting that result. Mr. Hawkins stated he wished that had been done before the original decision was made but does think it was a positive step that the rates were put off until January and it is his understanding that there will not be any employee who will take home less money as a result of the increase in insurance premiums. Mr. Hawkins said he wanted to state that for the record since he announced at the last council meeting that he would have it on the agenda and it is not on the agenda. .... .... Councilman Scoggins announced the next concert on the Village Green will be Friday, July 16, with Soul Support performing. Councilman Newcomb stated the city received a grant to help with the Spring Road Landscaping. Mr. Newcomb stated the city will receive $588,000 as a grant plus a 20% matching from the city that has already been reserved on the 1 % . Councilman Newcomb stated he certainly echoes Mr. Hawkins' sentiment that he has a commitment from the elected officials to make sure that employees are held harmless when the year is said and done in terms of increasing the health insurance premium for family coverage and in rough terms will be an extra $300 a year. He stated there are a couple of things that are going to happen in the near future that will influence whether they are held harmless. He further stated one is the Class and Comp Study that has been long awaited and the second thing is a merit pay raise that averages 4.5 % with a lot of 5 % but averages 4.5 % and of course on a $20,000 salary that would be $900 to $1,000; on a $40,000 salary it would be $1,800 to $2,000 which of course would more than take care of the extra $300 for the extra family coverage. Mr. Newcomb stated one concern with the across the board is simply that it, because it is a percent, on a $20,000 salary for example would put $400 more in the pocket of an employee but on a $40,000 salaried employee, would put $800 and again that also would...we have got to look at the numbers and he wanted to repeat his commitment to Councilman Hawkins that if there is any employee that when all these things are said and done has not been held harmless because of the increase in the benefits he certainly will support the elected officials taking what action is needed. .... Councilwoman Capilouto stated she will support Mr. Hawkins' in an across the board increase and further stated that she knows an employee that makes $40,000 a year would get an $800 increase but thought perhaps the raise could be split so they would not get the same percentage as someone on the lower level but of course that is not fair. Ms. Capilouto stated it is just one of those situations and again stated to Mr. Hawkins that she would support him on an across the board increase. July 6, 1999 meeting - continued Mayor Bacon announced the American Red Cross is having a blood drive on Tuesday, July 13, from 2 - 7 p.m. at Smyrna Christian Church. ADJOURNMENT With no further business, the meeting adjourned at 8:50 p.m. ,. .. A. MAX BACON , MAYOR C1C\llij\~ ~'Jout6 "c:.. J./ CHARLENE CAPILOU , WARD 1 RON NEWCOMB, WARD 2 .. ~ukI ...