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July 16, 2001 Council Meeting July 16, 2001 Mayor and Council was held July 16, 2001 at was called to order at 7:30 o'clock p.m. by presiding All council members were present. Also present was City City Administrator Howard Smith, Police Chief Stanley Hook, Public Works Director Scott Stokes, Community Miller, Finance Oirector Claudia Edgar, Keep Smyrna Ann Kirk, Library Director Michael Seigler and rcpresentativcs of the press. Invocation was given by Councilman Pete Wood, followed by the pledge to the flag. CITIZENS INPUT: Floyd Millis asked when the grass could be cut at Brawners now that the City is purchasing it. Mayor Bacon said Scott Stokes has been asked to prepare a budget tor maintenance and it would be cut immediately aftcr it is purchased. Mr. Millis said hewoul<i also like to keep the old building. Mr. Millis suggested that the City also consider acquisition ofthc old ice plant property on Roswell Road for some additional green space. Mayor Bacon said it was his understanding that a petition is being circulated asking that we acquire that prop~rty plus the house adjacent to it, so there is a possibility that something could be done with that. Mr. Millis said when he was annexed into the City, their estimated city taxes wer~ $300 but they were just reassessed and his taxes will mor~ than double as a result. Councilman Lnenieka said many of the homes in his ward were r~assessed and we are hoping that when the tax digest is reeeived, we will be able to reduce taxes by maybe one-third of a mill. PUBLIC HEARINGS: (A) Ordinance amendment Section 18-11 Errors and violations Howard Smith stated this ordinance would provide that when errors are made in review of site plans or issuance of building pennits, it will not change the responsibility of the builder to comply with the codes. Councilman Newcomb statedtha.t from time to time the city issues a permit and it turns out th~r~ is an~rror or omission in the plan review. We need a statement in the code that if there is BOll")e oversight and we find it, we can require the correction of errors. There were nQqlleStiOI1ii>or comments fr()11)Ah~ audience. Councilman Newcomb made a motionth~ ordinance be approved. Councilman Scoggins seconded the motion, which carried 7-0. (B) Ordinance amendment ~ Section 18-11 Rental buildings, inspection and licensing Howard Smith stated we have been. studying the possibility of establishing an inspection fee for single-tamily residential rental units. Councihnan Newcomb said th~COlnmunity Developlnent COlnmittee has been looking at this ordinance for some time. It has been advertised for a public hearing tonight but they wouldli[l<~.s9lTI~..additional time to perfect this ordinance. Therc wcrc no questions or comlnentsfrqlnth~ audience. Collncilman Newcomb made a motion the proposed new ordinancebetal>lcd to the August 6, 2001 meeting. Councilman Hawkins seconded the Inotion, which carried 7-0. (C) Annexation of property in Land Lot 477, 17'h District, 2nd Section Councilman Wood said there was a problem with the legal description that was advertised for the public hearing tonight and made a motion this item be tabled to the AUh'Ust 6,2001 meeting. A correctedJegal description has been published for that date. There were no comments or questions from the audience. Councihnan Cr31ner seconded the motion, which carried 7-0. -Lllly 16,2001 meeting - continued (D) Privileged license ~ Exxon Express, 2370 Spring Road agent/owner change Howard Srnith stated that Neelam Keshvani has applied for a license as the registered agent for Exxon Express at 2370 Spring Road. The police investigation failed to reveal any infonnation which would preclude issuance of the license. There were no questions or comments from the audience. Murad Ali, applicant and owner was present with Ms. Keshvani. Councilman said there was some previous concern that Ms. Keshvani would not be here all the tiIne and would be back and forth frOln other states. Ms. Keshvani said she is a full tin-re resident of Georgia. Councilman Newcomb reminded Ms. Keshvani that the manager has to be on the premises or on other premises owned by the same company within the same region but she could not be in another state. Ms. Keshvani said she understood that. Ms. Keshvani said she has previous experience selling alcoholic beverages in New York. Councilman Newcomb reIninded the applicants that we do conduct sting operations and are very serious about ensuring that sales are not Inade to under aged persons. '. Councilwoman Pritchett asked the applicants what they were told about selling alcohol when they acquired the property; i.e., could they sell prior to applying for this license. Mr. Ali said he was told that if the manager of USA Grocery was going to be in the store, they could continue to sell beer and wine while the application was pending. Mr. Ali said that USA Grocery and North Georgia Convenience are the same, and they have a license to sell beer and wine. Ms. Pritchett said she has noticed on Sunday that their beer signs were illuminated and asked Scott Cochran to research the ordinances and see if there were any ordinances to prohibit the signs from being illuminated on Sunday. Mr. Ali said he would make sure in the future that the signs were not turned on. Councilman Newcomb asked for further clarification on the ownership. Mr. Ali said his company is Exxon Express, and USA Grocery and North Georgia Convenience are the sarne, and are his landlords. Councilman Newcomb Inadc a motion the retail package license be approved as requested. Councilman Hawkins seconded the motion which carried 6-0-1, with Councilwoman Pritchett abstaining. (E) V ariance ~ 260 I Gilbert Street increase size of accessory structure Councilman Scoggins said he had a letter from the applicant, Marvin Young, requesting that the variance be withdrawn without prejudice and made a motion it be withdrawn as requested. Councilman Cramer seconded the motion, which carried 7-0. (F) Variance 600 Concord Road decrease street side yard setback Howard Smith sated the zoning code requires the minimum street side yard setback for a corner lot to be two-thirds of the front yard setback. The applicant is requesting a variancc to construct an addition within the street side yard setback and based upon this requircmcnt, the Valiance will decrease the required 33 feet to 8 teet. There was no opposition to thc variance request. Applicant Johnny Wilson said they wanted to extend the back of their building which will allow them to provide employee parking in the back of the building and save the front spaces for customer parking. Councilman Wood made a motion the variance be approved with the following stipulations: 1) Construction of a new asphalt drive in place of the proposed gravel drive connecting the tour parking spaces to Dunton Circle, and those new spaces wiU be asphalted; 2) Addition of a brick base to convert the existing non-confonl-ring pole sign to a monument sign; 3) Installation of a 5 foot wide landscaped strip consisting of a hedgerow between Dunton Circle and the new parking lot to screen thc ncw parking area. Councilman Cramer seconded the motion, which carried 7-0. July 16, 2001 meeting - continued (G) Variance - 653 Rosedale Drive - reduction in rear setback for secondary accessory building applicant has a recreation vehicle that he would like to park to protect it. There is a fence that almost totally screens the structure The applicant, Stacy Hall, was sworn in with three others in Councilman Wood said he had visited Mr. Hall to review the propcrty and he does have an existing freestanding garage on the property. This variance would allow a second accessory structure, 1.5 feet from the rear property line. This has been reviewed by the Comlnunity Development Department and they recommend approval of the variance. Mr. Hall stated he parks his motor home on an existing concrete pad and he is no longer able to pull a tarp over it. The variance will allow construction of a 12-foot awning with metal posts to protect the motor hOlTle from the elements. Jerri Cash of 3890 RedbudC9urt, Brenda Epstein of 3900 Redbud Court and Carl Swanson of636 Rosedale voic~d their opposition to the variance. Following discussion, Coun(:.:ilmanWood made a motion the variance request be tabled to August 6, 2001 to allQwtheCommunity Developm~ntstaffto meet with Mr. Hall and the neighbors to see ifth~y(:.:ancome up with an alterna..tive plan that might be acceptable to everyone. Councilman Cramcr seeonded the motion, which carried 7-0. (H) Variance ~ 1485 Diane Court reduction in side yard setback, lot width and lot size Howard Stnith stated the subjectPfoperty contains an existing duplex in the Springwood Manor Subdivision and is ZOned RD (Residential Duplex). The applicant is requesting a varian(:.:e to subdivide the duplex into two fee-simple units. Because the existing building and property are to be subdivid~dinto 2 lots, variances are needed relative to the RD Zoning District's minimum side yard setbacks, lot width and lot size. Section 801 of the Zoning Code included mil)irnUm requirements for side yard setbacks at 7.5 feet, lot width of7?iteet and lot size of 12,500 square feet. If approved, neither of the resulting 2 units will meet those minimum requireInents. There was no opposition to the variance request. Ken Slutzky stated he owns a duplex on this property and for eeonomic reasons and for the ease ()fs~11irl.pthe property,h~wanted to convert the duplex into two fee simple townhOl..,lse$:::;othatthey ean be sold separately. There will be no change to the property itself. Mr. slutz[l<ysaid there is a very limited market now for investment property and particularly duplexes and these types of properties went out of favor with investors following the 1986 tax law change. These units have been rented since 1983 and by selling as fee simple townhouses they will become owner/occupied units. Councilman Hawkins made a motion the following variances be approved: UNIT I - South side line 7.5 to 0 feet; minimum frontage 75 to 49 feet; minimum lot size 12,500 to 7,800 square feet. UNIT 2 - South side line 7.5 to 5 feet; north side line 7.5 to 0 feet; minimum frontage 75 to 37 feet; nlinin-rUTn lot size 12,500 to 4,000 square teet. Counciln-ran Scoggins seconded the motion. Councilman Newcomb said he supported the nlotion but asked if a stipulation could be attached that the variance be for this building only. Councilman Hawkins amendcd the Inotion to approve the variance for this structure only, and not to run with the lot. Vote on the motion carried 7-0. (1) Variance ~ 2930 Mann Street decrease in front yard setback Uoward Snlith stated the owner is requesting a variance to replace the front concrete block foundation and add a new room and front porch. The variance will require a .rilly 16, 200 I meeting - continued decrease in the front setback from the existing 32 feet to a minimum of 21. I feet. There was no opposition. Cy Gannuch stated this house was built in the early 1940's and the front wan is caving in. The previous owner attempted to correct the probleIn but he would like to excavate the front yard, relnove the block wall and pour a new concrete wall. At the same time they will add a 12 x 12 room addition and front porch. Councihnan Hawkins pointed out that the existing house currently encroaches 8 feet into the setback and stated the adjoining property owners had no objections to the variance. Councihnan Hawkins n1ade a Inotion the variance be approved to reduce the front yard setback from the present 32 feet down to 2 1.1 feet. Councilman Scoggins seconded the motion, which carried 7-0. FORMAL BUSINESS: (A) Authorize the Mayor to sign the Amendment and Modification to the Cross Parking and Drainage EaseInent Between 15t Baptist Church of Smyrna and the City of Smyrna Howard Smith stated this ah'Teement permits the City to demolish the old library building and construct parking at that location and have cross parking use for the next 10 years as public parking for City Hall. It also provides a cross access easement from the Village Market parking lot into the church parking lot on which we already have a cross parking easeInent and will assist both groups in making parking available to theIn. Councilman Newcomb made a motion the Mayor be authorized to sign the agreement. Councilman Cramer seconded the motion which carried 7-0. Councilman Hawkins made a motion to suspend the rules to add an additional item (B) to the agenda. Councilman Cramer seconded the motion, which carried 7-0. (8) Authorize the Mayor to sign Intergovernmental Contract Agreement between City of Smyrna and Downtown Development Authority Councilman Hawkins stated the City has agreed to purchase the Brawners property and this agreement win authorize the financing. Councilman Hawkins read the resolution which would authorize the issuance of $2,785,000 in revenue bonds for the acquisition of this property. Councihnan Hawkins made a motion the agreement be approved. Councilman Scoggins seconded the motion, which carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to report. CONSENT AGENDA: (A) Approval of minutes ~ July 2,2001 meeting (B) Authorize acquisition of sewer easement through negotiations and/or condemnation ~ Wills Street/Collicr Drive (C) Approval of FY2002 I % road improvement budget (D) Approval to request bids ~ stack chairs for Community Center (E) Authorize Mayor to sign agreement with Altimira Design (F) Approval to use council chambers Wednesday, August I, 2001 from 7:00 p.m. to 9:00 p.m. for Ward 2 meeting Councihnan Wood Inade a motion the consent agenda be approved. Councilman Cramer seconded the n-rotion, which carried 7-0. COMMITTEE REPORTS: July 16, 2001 meeting - continued Councilman Wood called on Jennifer Bennett tor a report trom Community Relations. Ms. Bennett remind~deveryone of the annual birthday celebration August 4th. Library Director Michael Seigler reported that the month of June was the biggest month eVer at th~Library, with 19,329 people coming to the Library and 15,426 items cir9ulat~d.TheFriends of the Library will have their general membership meeting Thursday night and everyone is invited. Also, tickets to the annual dinner theatre are available for sale. Tommy Jackson frOln the Parks and Recreation Departm.ent announced the Inain events for the Fun in the Sun program. This program is fi'ee of charge for kids 12 and under and is held at the gazebo behind the Community Center. Also, for the next couple of weeks Tolleson Park field and Campbell Middle School field will be closed 1'<.)1" re-sodding. Councilman Lnenicka recognized Towne Creek Manor Apartments for the new, very attractive monument sign they have erected, with a name change to Epic Manor. Councilman Cramer called on Human Resourees Director Chris Corey. Mr. Corey announced current job vacancies in the City. Councilman Crarnerannounceqthat th~ vacant Drugs for Less building on South Cobb Driv~is seh~<iuledfor demoIition.C;ouncilman Cramer stated the task torce recently created to oversee code enforcement has been busy, trying to upgrade the north end of the City and improve quality of life for those residents. Councilman Cramer also urged ev~ryone to support our Veterans Memorial by purehasing a brick honoring a loved one who has served in the military. Councilman Hawkins called on Finance Director Claudia Edgar who reported that the watering restrictions are still in effcct in the metro area. Councilman Hawkins statedth~re are some rumors about plans to widen Concord Road. Thepllrpose of the recently approved ICTEA grant was to study the feasibility of a linear park trail on Concord Road running from South Cobb to Atlanta Road. The grant was only to fund the study and later on, funds will have to be approved for the actual construction. Councilman Hawkins said to his knowledgc, there are no plans to widen Concord Road in the near future. Councilman Scoggins called on Keep Smyrna Beautiful Coordinator Ann Kirk who remindedev~ryone of the Adopt a Mile cleanup on Saturday, July 21st starting at 8:00 a.m. The Work Glove luncheon will be planned for late August and they are appealing to the community tor door prizes. Also, the next Image Enhancement A ward will be presented to Tires Plus at the next meeting. Councilman Scoggins read a letter from a resident on Highland Oaks Court praising the Public Works Department for their service. Counciln-ran Newcomb caned on Community Development Director Chris Miller who provided building statistics for June. Councilman Newcomb reported that there would be a Ward 2 meeting July 9th at City Hall. CouncilwOlTIan Pritchett stated she had met with Jennifer Bennett regarding the ComInunity Culture Committee and had received some very good information. They will haye a meeting soon and win be reporting to Mayor and Council. Ms. Pritchett said that Jennifer has also instituted study circles and if anyone was interested in participating to please givc her a call. CouncilwOlnan Pritchett advised that she has received a number of inquiries about Argyle ElcII)entary School, and they are doing some new landscaping there, with State funds obtained through the assistance of Councilman Newcomb. July 16, 200 I meeting - continued Councilman Cramer stated there was a record llmnber of attendees at the recent Chamber of Commerce breakfast whcrc the Mayor gave the State of the City address, and it was a good presentation. With no further business, meeting adjourned at 9:06 p.m. A. MAX BACON, MAYOR MELLENY PRITCHETT, WARD I RON NEWCOMB, WARD 2