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February 6, 1995 Council Meeting February 6. 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 Laurel Best, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathie Barton, 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. I -- Invocation was given by Reverend Chuck Moon, pastor of Tillman Methodist Church, followed by the pledge to the flag. CITIZENS INPUT: Mary Ann White presented certificates to employees of the Parks and Recreation Department in recognition of being selected the City "Team of the Month." Fire Chief Larry Williams recognized Ray Windstein who was recently chosen "Mr. Cobb County" by the Smyrna-Oakdale Moose Lodge. In addition to his outstanding performance in the Smyrna Fire Department, Ray volunteers a great deal of his time teaching fire safety education to children, senior citizens and handicapped persons as Polo the clown. Ray also fights his own personal battle with leukemia and is well deserving of this special recognition. Clifton Oliver of Falling Water Subdivision stated that a car recently lost control on a dangerous curve in their neighborhood, hitting two cars and a house. Mr. Oliver asked for speed bumps on the street and presented a petition from neighbors in the immediate area. Mayor Bacon advised that his request and petition would be turned over to the Public Safety committee for their recommendation. ! -- Belinda Lovin, President of Argyle Elementary School PT A thanked council members Ron Newcomb and John Patrick for attending their citizens advisory committee meeting last week and invited everyone to their PT A meeting tomorrow night, when the Department of Transportation will present their plans for Spring Road. Ms. Lovin also urged everyone to vote yes for the school bond referendum on March 21st and stated that Smyrna schools will benefit greatly, from over $4 million in equity improvements alone. As a point of clarification, Ms. Lovin stated that Argyle is offering a bi-lingual program but it is not a result of the illegal immigrant problem; it was a program they simply wanted to make available to their students. Carlos Ruiz of Falling Water Subdivision said there are other homeowners in the community who do not feel that speed bumps are needed as expressed by Mr. Oliver earlier. The stop signs that have already been installed have helped and there may be other avenues to consider first. Mr. Ruiz also said that some of the homeowners affected by the removal of trees by Heritage Pavilion Shopping Center are still dissatisfied because nothing has been done. Mayor Bacon said he was told last week that everything had been taken care of and he would talk with Thomas Enterprises again tomorrow about replacement of the trees in the buffer area. PUBLIC HEARINGS: (A) Variance Request - 1975 Lochlomand Lane - Reduce Side Yard Setback from 10 feet to 3 feet There was no opposition to the variance. Ron Newcomb stated this request by Sarah N. Parris has been withdrawn and made a motion the variance be withdrawn without prejudice. Bill Scoggins seconded the motion which carried 7-0. (B) Alcoholic Beverage License Request - Retail Pouring of Beer and Wine - Agent Change (Transfer) - Fox Creek Golf Club - 1501 Windy Hill Road -- Bob Thomson stated that Mr. James Robert West has applied as the new agent for the beer and wine pouring license at Fox Creek Golf Course. There was no opposition. Councilman Scoggins asked Mr. West if he had previously held a pouring license and Mr. West responded that he had not. A copy of the ordinance regarding sale of alcoholic beverages was provided to him and Mr. West said he see that they were enforced. February 6. 1995 meeting - continued Councilman Scoggins indicated that the police investigation was favorable and made a motion the license be approved. Councilman Pete Wood seconded the motion which carried 7-0. (C) Alcoholic Beverage License Request - Retail Pouring of Beer, Wine and Liquor - Agent Change (Transfer) Olive Garden Italian Restaurant - 2467 Cobb Parkway Bob Thomson stated that General Mills Restaurants, Inc. d/b/a The Olive Garden Italian Restaurant has applied for an agent change for their retail beer, wine and liquor pouring license. The new agent and manager will be Mr. Stephen Jeffrey Lloyd. There was no opposition. Mr. Lloyd was called forward and stated that he was familiar with the ...., ordinances of the City and would abide by them. With little discussion, Councilman John Patrick made a motion the license be approved as requested. Councilman Jim Hawkins seconded the motion which carried 7-0. (D) Variance Request - 7204 Austin Lake Circle To Permit Accessory Structure in Side Yard Bob Thomson stated that Craig Shearer Contracting is requesting this variance for an accessory structure in the side yard at 7204 Austin Lake Circle. There was no opposition. Ms. Lou Ann Shearer stated the owners of the property have built a custom house and they would like a small pool, or spa, on the side yard. They have designed the house with a large brick retainer wall and exit door to the rear side of the house for easy access to the spa. The neighbor who would be affected by the variance has been contacted and they have no objections to the variance. The pool is 16 x 14. Councilman Wood said he had visited the site and there is a letter from the affected property owner voicing no objections. The other nearest property owner is Redden Property and they also have no objection. Mr. Wood stated the 6 foot retainer wall will also provide additional privacy. Councilman Wood made a motion the variance be approved as requested. Councilman Wade Lnenicka seconded the motion which carried 7-0. (E) Rezoning Request - 2480 and 2490 Ventura Place - From G.C. (General Commercial) to L.I. (Limited Industrial) .... There was no opposition to the zoning. At the request of the applicant, Philip Howard, Councilman Jack Cramer made a motion the zoning be tabled to the next meeting. Councilman Jim Hawkins seconded the motion which carried 7-0. (F) Variance Request - 2480 and 2490 Ventura Place - Reduce Minimum Lot Size in L.I. Zoning from 40,000 Sq. Feet to 37,735 Sq. Feet There was no opposition. Councilman Cramer made a motion that the variance also be tabled to the next meeting. Councilman Jim Hawkins seconded the motion which carried 7-0. (G) Rezoning Request for 1766, 1776 and 1796 Spring Road From G.C. (General Commercial) to 0.0. (Office Distribution) Ms. Dorothy Swanson stated she objected to the rezoning of this property. Councilman Bill Scoggins advised that the rezoning and variance request would be tabled, and the public hearing would be conducted on February 20th. Councilman Bill Scoggins then made a motion this rezoning be tabled to the next meeting. Councilman Jack Cramer seconded the motion which carried 7-0. (H) Variance Requests - 1766, 1776 and 1796 Spring Road to Reduce Side Setback from 20 feet to 10 feet and 50 feet; Reduce Front Setback from 75 feet to 50 feet (BS) ...." There was no opposition and Councilman Scoggins made a motion the variance request for this property also be tabled to the next meeting. Councilman Jack Cramer seconded the motion which carried 7-0. (I) Rezoning Request - 12.235 Acres (West Side of Gann Road) From R-20 to RAD Conditional, Single-family Residential Bob Thomson stated that the Raymond Reed family is requesting the rezoning of this property for the February 6. 1995 meeting - continued second phase of their development on Gann Road. This zoning will accommodate development of 27 lots on the west side of Gann Road. The Planning and Zoning Board recommended the zoning be approved subject to the same stipulations that were approved by council on July 18, 1994 for the property on the east side of Gann Road. Two persons from the audience raised their hands in opposition and were sworn in by Mr. Camp. Ben Carter represented the Reed family and stated that in July, 1994 they requested rezoning of a portion of the property because they were unsure about the stipulations. Now, however, they feel more comfortable with the zoning and feel that they can develop and market the property. The zoning tonight ... is basically the same as the one approved in July for the property on the east side of Gann Road. Bobby Martin of 3960 Gann Road spoke in opposition and stated that he felt the lot sizes of 8500 square feet were too small and would devalue his property. Construction has already begun on the east side and silt screens have not been used, causing mud and debris in the roadway. Mr. Martin said he also did not think the zoning had been properly advertised because the signs were originally posted on the east side of the road and not on the actual tract to be considered for rezoning. Attorney Camp advised that the property must be properly posted and advertised and if the signs were mis-placed, no action could be taken tonight. Mr. Martin said he felt he could live with the zoning with the stipulations in place, but still felt that 8500 square feet is much too small as compared to 15,000 square foot lots surrounding this site. Councilman Wood reminded Mr. Martin that there is a stipulation that requires all of the lots on Gann Road to have a minimum of 2,000 square feet of heated floor space in the homes and those will be on larger lots. This zoning is comparable to the Austin Lake, John Wieland and others in the City and Mr. Wood said they had built in every protection possible for the developers and adjacent property owners. Pam Jackson of 3931 Gann Road also expressed her opposition for the same reasons expressed by Mr. Martin and also stated that trash has been dumped on the side of Gann Road. Mayor Bacon advised that the City was responsible for the trash and that problem would be taken care of tomorrow. ..... After further discussion, Councilman Wood made a motion the zoning be tabled to the next meeting, to allow time for proper posting on the property. Councilman Bill Scoggins seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Bid Opening (95001) - Tolleson Park Mechanical Room Renovation Bids for renovation of the Tolleson Pool Mechanical Room were opened, read and recorded as follows: Poolside Abstract Pool Multi-Tech $16,416 $18,325 $ 9,800 Councilman Jack Cramer made a motion the bids be refereed to the committee for their recommendation back at the next meeting. Councilman Jim Hawkins seconded the motion which carried 7-0. (B) Extension of Working Hours - Krystal - South Cobb Drive ..... Steve Sharber represented Venture Construction in their request for extended work hours at the Krystal Restaurant, 5140 South Cobb Drive. Mr. Sharber said because of time constraints for construction, they are requesting approval to work 7 days a week from January 31, 1995 to March 13, 1995 and to work later evening hours. The only work to be done during evening hours, however, will be indoors with no noise. Mr. Sharber said this site is adjacent to Churches Chicken and there are no homes in the immediate area. The nearest home would probably be on Oak Drive or the apartments on the other side of South Cobb Drive. After further discussion, Councilman Pete Wood made a motion that Venture Construction be allowed to work at this location between the hours of 7:00 a.m. to 7:00 p.m., 7 days a week as requested. Councilman Cramer seconded the motion which carried 7-0. (C) Ordinance Amendment - Amendment to Building Ordinance February 6. 1995 meeting - continued Bob Thomson stated the Community Development Committee is recommending approval of this ordinance amendment which more clearly defmes an accessory structure. Councilman Newcomb said this amendment expands the definition of an accessory structure and prohibits portable storage buildings from being used as accessory structures which are commonly not associated with residential or commercial storage buildings. Councilman Newcomb made a motion that Section 501.11 of the ordinance be amended by adding the following: Structures or buildings commonly transported, with or without axles and or wheels, and or built -- upon a metal frame for transport, including but not limited to a receiver tongue for transporting, shall not be used as an accessory use or structure. Councilman Wade Lnenicka said he would support the amendment and recently had an incident in his ward where a homeowner moved a trailer to his property and wanted to attach to his home as a permanent addition. This ordinance would prevent similar occurrences. Councilman Jack Cramer seconded the motion which carried 7-0. (D) Validate Petition to Annex Property at 542 Pat Mell Road Councilman Jack Cramer stated that Ms. Barbara J. Pitman has requested the annexation of her home at 542 Pat Mell Road, containing .28 acres in Land Lot 348 as described below. BEGINNING at the intersection of the southern right of way of Pat Mell Road with the common lot line of Land Lots 348 and 373; thence westerly along said right of way of Pat Mell Road a distance of 424.85 feet to a point; said point being the POINT OF BEGINNING. Thence continuing along the southern right of way of Pat Mell Road a distance of 80 feet to a point; thence southerly a distance of 160.8 feet to a point; thence easterly a distance of 70 feet to a point; thence northerly a distance of 161.4 feet to the POINT OF BEGINNING. Councilman Cramer made a motion the petition be validated and the public hearing set for March 6, .... 1995. Councilman Bill Scoggins seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to report. CONSENT AGENDA: (A) Approval of January 17, 1995 minutes (B) Approval to use council chambers February 23, 1995, for Ward 6 meeting (C) Approval to purchase John Deere field rake (D) Approval to use council chambers - March 7, 1995 for Ward 5 meeting Councilman Cramer said the field rake is desperately needed to get our playing fields in better condition for Spring play. Steve Ciaccio said that in preparing bids, we learned that Georgia Turf and Tractor is the southeast representative for John Deere which means they are the only distributor in the southeast for this particular piece of equipment. To their knowledge, there is not a comparable product on the market that will meet their needs. Councilman Bill Scoggins made a motion the consent agenda be approved. Councilman Pete Wood seconded the motion which carried 7-0. Ift1/IIIII COMMITTEE REPORTS: Councilman Wood advised that Finance Director Claudia Edgar had no report tonight. Councilman Wade Lnenicka called on Police Chief Stan Hook for his end of year report from the Police Department. Chief Hook said that enforcement efforts were down this year, and 12,000 tickets were written in 1994 versus 16,000 the year before. Arrests were also down 27%. Crime was up generally February 6. 1995 meeting - continued throughout the City including increases in homicides, rapes and robberies. Burglaries have decreased significantly but other thefts including motor theft has increased from 1993. Basically, as enforcement efforts have declined, crime has gone up. Chief Hook attributed the trend to a shortage of officers and also partially to the increased number of annexations. Councilman Lnenicka read a letter from a Ward 3 resident expressing her appreciation to 911 operator Josh Taylor and Police Officers McCoy, Benson, Nettles and Zgonc, and Park Ranger Kilmer for their quick response and concern to an emergency situation at her home recently. .... Councilman Lnenicka said he learned today that Johnny Gresham has made a commitment that the South Cobb Drive signal synchronization project contract will be let in April, 1995. This includes all of South Cobb from 1-285 to Pat Mell. Councilman Lnenicka asked Ken Hildebrandt to keep an eye on this project and keep council advised. Councilman Lnenicka reported that he had met with owners of Kingstowne Apartments and they are going to reinvest in excess of $3 million into that complex for refurbishment of all 439 units between now and July of 1996. This will include replacement of heating/air and all appliances. A security gate will be installed at the entrance and the resident manager's office will be moved to the front of the complex for additional monitoring. Councilman Lnenicka said the City has already inspected 49% of the units and they have promised entry to the other 51 % and to work with our building inspectors on this project. Councilman Cramer reported on activities at the Community Center in 1994 and stated that 178,000 people visited the center during the year. Councilman Cramer commended the Parks staff for the good job they have done in handling the various events at that facility. ... Councilman Jim Hawkins called on Larry Williams for a report from the Fire Department. Chief Williams said this is the 5th year that the City has been free of fire fatalities. They are averaging about 10 calls daily and the total calls for 1994 increased by 29%. Councilman Hawkins said he was pleased that the City has embarked on a new program called " Are You Okay?" Disabled persons and senior citizens may apply to participate in the program, which provides a daily telephone call to their home to ask "are you okay?" While the call is made from the 911 center, the fire department is ultimately responsible for responding in case of an emergency. The Fire Committee will also discuss at their next meeting the purchase of a metering device to detect carbon monoxide in homes and that will be yet another service available through the Fire Department. Councilman Hawkins said he would like to clarify several rumors that the City is considering buying property in the area around the Senior Citizens Center on Church Road so that it can be rezoned for a high rise. Councilman Hawkins said the city has no plans to buy any property in that area and knew nothing about a high rise development. Councilman Scoggins called on Kathy Barton for a report from Community Relations. Nancy Hancock reported from the Smyrna Historical Society and advised that engraved bricks are still on sale for $50, and they have sold 44 to date. Councilman Newcomb reported on a good turnout for the meeting last week to discuss the proposed widening of Spring Road. Councilman John Patrick called on Laurel Best for a report from the Library. Ms. Best reported that tickets for the dinner theater have sold out. Also, nautical themes art work by John Patrick is currently on display at the Library. Councilman Cramer advised that the Church Street Center is being renovated to provide an indoor pool for year round aquatics programs for our Senior Citizens. .... With no further business, meeting adjourned at 9:14 p.m. February 6. 1995 meeting - continued ~ A. MAX BACON, MAYOR .. .::J I //1 ~v f17~,..(~K- JiitN PATRICK, WARD 1 _/'~ B~__ i~~ BILL SCOGGINS, WARD Y JACK CRAMER, WARD 5 CH~~~~~ ,6'Ir. dt1vlltJ !JJ U/J~ MELINDA DAMERON, CITY CLERK ----, l~.",J ...., .. .....,