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12-4-89 council minutes December 4, 1989 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on December 4, 1989. The meeting was called to order at 7: 30 0' clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator John Pa tterson, City Attorney Charles E. Camp, City Clerk Melinda Dameron, Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Library Director Laurel Best, Fire Chief Larry Williams, Acting Police Chief Kent Sims, Personnel Director Jane Sargent, Communications Supervisor Cheryl Crain, Finance Director Emory McHugh, Building Inspector Scott Stokes and representatives of the press. Invocation was given by Chuck Moon, pastor of Tillman Methodist Church, followed by the pledge to the flag. CITIZENS INPUT: John Steely presented a plaque to Lt. Raymond E. Ferguson, retiring from the Smyrna Police Department after 17 years service. Mayor Bacon recognized a group dona tions 0 f food or money for Muscular Dystrophy Association. of Tae Kwon needy families Do students who requested at Christmas and for the PUBLIC HEARINGS: (A) Annexation of property at Church Road and Old Concord Road. Jack Shinall made a motion the Joe L. Thompson property, fronting on Church Road be annexed into the City to be made a part of Ward 5, the legal description having been read and made a part of the minutes of the November 6, 1989 meeting. Kathy Jordan seconded the motion which carried 7-0. (B) Variance request - rear yard setback at lot 8, Vinings Glen John Patterson stated that Georgia Federal Bank is requesting a reduction of the rear yard setback from 30 to 20 feet at lot 8, Cutler Ridge in the Vinings Glen Subdivision. Georgia Federal foreclosed on this lot after the foundation construction was completed. There were two in opposition to the variance and they were sworn in with Lou Mathews from Georgia Federal Bank. Mr. Mathews said they foreclosed on the property October 1st and they now have another party interested in purchasing it. The foundation has already been poured and the back corner encroaches onto the setback line of adj acent homes in Cedar Cliffs Subdivision. Construction was originally begun by Lane Homebuilders and Mr. Mathews said the new contract is contingent upon the variance being granted. Mr. Mathews said it would cost approximately $3,500 to remove the foundation plus the additional cost of the new construction. Wade Lnenicka asked Mr. Mathews if he had been able to reach any agreement with the adjacent homeowners. Mr. Mathews said he had not; they had offered to provide a screened buffer but the adjacent homeowners would not agree to it. They contacted five property owners and three of those did not offer any opposition but they would not be directly impacted. There is one letter in support of the variance and the others contacted did not respond. Mr. Mathews said the bank has approximately $69,000 invested in the lot and foundation and said the encroachment was discovered when the spot was made for the foundation. Robert Chapman spoke in opposition and stated his home abutted the rear of this lot. He felt the height of the home would be an eyesore and thought it would detract from the value of his home and neighborhood Skip Symonds also spoke estate agent look at his their opinion that the value. in opposition and stated he home, which is adjacent to this placement of this house would recently had a real property, and it was lower his property Robert Gsegner asked to speak and was sworn in by Mr. Camp. Mr. Gsegner said he also owned property nearby and felt the home was simply too big for the lot. This will be a two-story home and the topography of the land will cause the basement to be eye level with this home. Mr. Gsegner said he felt that a buffer would not help and any home built on the lot should meet setback requirements. During his discussion, Mr. Camp said council could require a buffer in consideration of the variance, but otherwise could not require them to provide one. After hearing all discussion Wade Lnenicka said these are mitigating circumstances and he had feelings for both sides. The bank inherited the problem and did not ask for it. Mr. Lnenicka said he appreciated Mr. Mathew's cooperation in this matter as well as the homeowners who are affected by this variance. Mr. Lnenicka said he felt the homeowners had the right to expect council to enforce the ordinance as written and not allow a situation such as this that may be harmful to them. They felt approval of this variance would cause visual and financial harm through the devaluation of their property. For those reasons, Wade Lnenicka made a motion the variance be denied. John Steely seconded the motion. Jack Shinall said he would support the motion because it appears that the builder intentionally built the foundation of the home, knowing it would not meet setback requirements. Vote on the motion to deny the variance carried 7-0. (C) Variance request Subdivision. rear yard setback at 4290 Ridgehurst Drive, Vinings Glen John Patterson stated that Mr. Sham Kapur is requesting a variance to reduce the rear yard setback of his home from 30 to 2 feet at 4290 Ridgehurst Drive. This variance is to allow construction of a deck, and apparently the builder did not understand our setback rules as they apply to decks. The deck on the Kapur's property is approximately 10 feet above the ground and extends across the back yard to within about 2 feet of the rear property line. Letters were obtained from the two affected property owners stating they had no objections and there was no opposition from the audience. Mr. Kapur said Lane Homebuilders was also the original contractor home. They have been trying to complete the house for one year encountered numerous problems because of him. Mr. Kapur said the about 80% complete and the deck is under construction. While the shown on the original plans, they have extended it some. of thi s and have house is deck was Wade Lnenicka said the neighbors affected by the variance have agreed to it although it will cause them to lose a great deal of privacy and the topography of the land is such that not having the deck there would not gain anything because the retaining wall and 10 or 12 foot drop behind the home prohibits any clearance through the back yard. After further discussion, Wade Lnenicka made a motion the variance be approved as requested. John Steely said he would not support the motion because this appears to be a flagrant violation of the code on the part of the builder and it should have been detected sooner. Jack Shinall said he also would not support the motion because it appears that he planned the house from the onset knowing that it would not meet code requirements and the sub contractors also continued with construction. Vote on the motion to approve the variance carried 4-3, with Jack Shinall, John Steely and Kathy Jordan opposed. (D) Variance request - side yard setback at 3790 Autumn Place John Patterson stated that James and Pamela Teague have requested a variance to reduce the side yard setback from 33.3 to 25 feet for the addition of a 25 x 25 attached garage. There was no opposition and a petition was presented from the surrounding property owners stating they had no objections to the variance. John Steely said the original garage attached to the house had been enclosed to expand living space in the home and the Teague's are now requesting the variance to construct a new garage for their vehicles. The addition will be shingled and will match the exterior finish of the house. With little discussion John Steely made a motion the variance be approved. Wade Lnenicka seconded the motion, which carried 7-0. (E) Zoning request property at Old Roswell Road and Roswell Road from Future Commercial to Limited Commercial John Patterson stated that Mrs. Levi Day is requesting the rezoning of this property to build a beauty shop. She presently owns a beauty shop on Sunset Avenue, which was recently purchased by the City for the new Community Center and Library. There was a group in opposition to the zoning and five were sworn in along with Mrs. Day and Sherman Whitaker, owner of the property. Sherman Whitaker presented plans for the beauty shop, which would be a 1200 foot building designed to look like a residential structure to blend with the neighborhood. They have also consulted with an architect to help them with the landscape design but nothing has been finalized. Mrs. Day said she had been in business in Smyrna since 1945. Her present hours of operation are from 9:00 a.m. to 5:00 p.m. but occasionally she may have a few evening appointments. Mrs. Day said her granddaughter would be working with her when they moved to the new location. They will be willing to reduce their parking spaces to 12 and would agree to place the parking area in either the front or back. The sign will be small and attractive, probably made from etched redwood. Jack Shinall asked Mr. Whitaker what factors indicated that the area is changing from residential to commercial. Mr. Whitaker said that less than 1,000 feet north of the property is a 26,000 square foot office building and the entire street is spotted with commercial zoning. This lot is at a 4-way intersection with the adj oining lot being future commercial and general commercial directly across the street. Mr. Sherman said he felt it was a lot that should and can be used for commercial purposes. Jack Shinall said the future commercial category requires a specific zoning use and the FC category does not automatically support the argument of rezoning. Joe Price said he owned the adjacent triangle and was concerned for the safety of the people living in the neighborhood because there are more homes than there are businesses. Old Roswell is a very quiet street and there are quite a few children living and playing there. Mr. Price said he also felt that 17 parking spaces as shown on the plans would be excessive and he would like that to be reduced. Mr. Price said he was neither for or against the zoning but if approved he would like a stipulation that if Mrs. Day moves out the zoning would revert to 0&1 or similar category. Casey Claven also spoke and said she lived across the street from the property and was neither for nor against the zoning. Ms. Claven said she was also concerned about the signage and hoped if the zoning was approved they would place restrictions on the property to require a sign that would blend with the residential atmosphere and reduce the parking spaces. Nancy McGee of 1389 Roswell street spoke in opposition and said her home was about 5 doors up from this property. Ms. McGee read and presented a petition bearing 25 signatures opposing the rezoning and stated this would be a spot zoning and a detriment to community safety and the aesthetics, morals and well being of the residential community surrounding it. Ms. McGee said this development would not enhance the neighborhood and other than the one future commercial lot next door and the general commercial property across the street, this lot was surrounded by homes. Ms. McGee said her home was built in 1905 by her great grandfather and she did not think this development would be healthy or attractive for the neighborhood. Jeff Dobbins also spoke in opposition to the zoning and said that this property is surrounded by residential property and there are 26 other lots within one mile that could be developed for a beauty shop with the $110,000 the City had paid for Mrs. Day's property. Mr. Dobbins said commercial development needs to be initiated from the other end of Roswell Road and not in the center of the residential area. Mr. Clint McKinney said he was an architect with a business on Spring Road in Smyrna and from what he had heard tonight, felt the design of the building would fit in with the neighborhood. He felt the idea of cutting down on the number of parking spaces seemed to be a good solution and did not foresee the adverse impact being suggested tonight. Sharon Price asked to speak and was sworn in by Mr. Camp. Mrs. Price said she lives on Old Roswell Road and has an 11 year old. She was concerned with the safety for the children who play in the area and especially was concerned that there would be an entrance on Old Roswell Road. Bill Scoggins said Mrs. Day had agreed to several stipulations in consideration of the zoning including limiting hours of operation. Mr. Camp said he did not think council could place a restriction such as that which could carryover to any future tenants. Following lengthy discussion, Bill Scoggins said he also was concerned about the neighborhood but the closest people to this property have agreed to the zoning. Mr. Scoggins said he could see both sides of the argument but did not have any reason to believe he could prohibit commercial zonings on Roswell Street and felt if we did not use and rely on the expertise and recommendations of the Planning and Zoning Board then he did not feel we need them. In addition, the future land use plan designated this property for commercial use. Mr. Scoggins said he did not think he had the right to deny the use of the property and felt the safety concerns discussed tonight could be resolved. Bill Scoggins made a motion the zoning be approved from future commercial to limited commercial seconded by John Steely. Jack Shinall said he could not support the zoning because he felt the map presented earlier tonight clearly shows that the residential character of the neighborhood has been retained. Council must make zoning decisions based on the health, morals and welfare of the community and there have been no major improvements or changes in the area to support the change from future commercial to a specific commercial use. Safety is also a maj or concern for the residents who live in the area. Bill Scoggins amended the motion to approve the zoning with the stipulations that parking be limited to 12 spaces, with one curb cut on Roswell Road, sign to be no larger than 16 square feet, hours of operation be restricted from 9:00 a.m. to 6:00 p.m. and that a buffer be required as suggested by the City Engineer on the back side of the lot next to the Porch and Price property. John Steely seconded the amendments. Bill Scoggins then amended the motion again to include a stipulation that the building be constructed according to plans submitted tonight, seconded by John Steely. Vote on both amendments carried 5-2 with Jack Shinall and Jim Hawkins opposed. Vote on the main motion to rezone the property carried 4-3 with Wade Lnenicka, Jack Shinall and Jim Hawkins opposed. FORMAL BUSINESS: (A) Bid opening - hand held meter reading units Bids were opened, read and recorded as follows: Syscon Corporation Neptune Meter PPS $13,550 $14,295 $16,404 plus $100 shipping & $90/mo service fee Jim Hawkins made a motion the bids be turned over to committee for their recommendation back to council at the next meeting. John Steely seconded the motion, which carried 7-0. (B) Bid opening lighting of softball field at Rose Garden Park Bids were opened, read and recorded as follows: Lynn Lighting Company AAA. Electrical Wiley & Wiley Lighting Group $18,625 $24,551 $18,560 $22,310 Bill Scoggins made a motion the bids be turned over to the Parks Committee for their recommendation back at the next meeting. John Steely seconded the motion, which carried 7-0. (C) Appointments to Planning & Zoning Board Wade Lnenicka made a motion that Edward Paden be reappointed to the Planning & Zoning Board representing Ward 2. John Steely seconded the motion, which carried 7-0. Bill Scoggins Zoning Board carried 7-0. Jack Shinall Zoning Board carried 7-0. made a motion that R. representing Ward 3. J. McCurry be reappointed to the Planning & Wade Lnenicka seconded the motion, which made a motion that Evelyn Kent be reappointed to the Planning & representing Ward 5. Kathy Jordan seconded the motion which Kathy Jordan made a motion that George Griffin be reappointed to the Planning & Zoning Board representing Ward 6. Bill Scoggins seconded the motion, which carried 7-0. Upon the recommendation of Mayor Bacon, John Steely made a motion that Allen Potter be reappointed as Chairman of the Planning and Zoning Board. Jim Hawkins seconded the motion, which carried 7-0. (D) Approval of revision to business license schedule John Patterson said the business license fees have not been modified since 1982 and recently the Finance and Administration Committee, working with the Mayor and Council and the Business Advisory Committee reviewed the fee schedule and came to a consensus on the modifications that would enable the City to raise additional funds needed to meet the needs of the City and at the same time, be fair to the business community. Jim Hawkins said they had met with some of the members of the Smyrna Business Association for their input and as a result of that meeting have modified some of the categories over what was; originally proposed for adoption. This is a lengthy document and will be do file in the City Clerk's office. Mr. Hawkins said we have not had an increase in license fees in about 8 years and the per c e n tag e 0 f revenues being provided from licenses has actually decreased from our overall revenues in the last few years. Jim Hawkins made a motion the business license schedule be adopted as submitted tonight. Bill Scoggins seconded the motion, which carried 7-0. (E) Road Validation of signatures to annex 66 acres at Church and Old Concord Attorney Camp read the petition signed by Herbert A. Head, Sr. to annex his property at Church and Old Concord Roads as follows: We the undersigned, who constitute sixty percent (60%) of the land owners of the land area by acreage, as described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of laws of the State of Georgia, said property being annexed being described as follows: All that tract or parcel of land lying and being in 237 and 236 of the 17th District, 2nd Section, being more particularly described as follows: Land Lots 308, 269, 268, Cobb County, Georgia, and BEGINNING at a point on the north side of Church Road where it intersects with the common corner to Land Lots 307, 308, 269 and 270; thence south along the west land lot line of Land Lot 308 to a point at the centerline of Nickaj ack Creek; thence running in a southerly and southwesterly direction along the centerline of Nickajack Creek and following the meanderings thereof to the west line of Land Lot 268; continuing thence along the centerline of Nickaj ack Creek in a northerly and northwesterly direction to a point on the west land lot line of Land Lot 236; thence south along the west line of Land Lots 236 and 237 a distance of 446 feet more or less; thence running southeasterly a distance of 2,545 feet more or less to the west line of Land Lot 309; thence north along the west line of Land Lot 309 to a point at the corner corrmon to Land Lots 308, 309, 268 and 269; thence east along the south line of Land Lot 308 to a point at the corner common to Land Lots 341, 340, 308 and 309; thence north along the east line of Land Lot 308 to the north side of Church Road; continuing thence along the north right of way line of Church Road to the corner corrmon to Land Lots 307, 308, 269 and 270 and point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the record titleholders of the land described above: s/HERBERT A. HEAD, SR. Jack Shinall made a motion the petition be validated and the public hearing set for the first meeting in January. Jim Hawkins seconded the motion, which carried 7-0. BID AWARDS: Jack Shinall made a motion the bid for a l2-foot dump truck for the Department be awarded to Fouts Brothers at $27,767. Bob Davis motion, which carried 6-0, with Bill Scoggins abstaining. Public Works seconded the Jack Shinall made a motion the steam cleaner for the Public Works Department be awarded to Zep Manufacturing at $2,400. Jim Hawkins seconded the motion, which carried 7-0. John Steely made a motion the computer workstations for the Communications Department be awarded to Computer Solutions at their bid price of $12,789. Bill Scoggins seconded the motion, which carried 7-0. Kathy Jordan made a motion the bid for the new fire rescue truck be awarded to Fouts Brothers at their bid price of $34,973. Bob Davis seconded the motion, which carried 6-0 with Bill Scoggins abstaining. Bill Scoggins made a motion the lighting at Tolleson Park basketball court be awarded to Lynn Lighting, the low bid at $ 6,720. John Steely seconded the motion, which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) HCB Contractors requested a building permit for the new Georgia Power office at 1088 Concord Road at a total estimated cost of $676,000. Jim Hawkins made a motion the permit be approved. John Steely seconded the motion, which carried 7-0. (B) Smyrna Cable TV requested a building permit for a new office building at 2939 Anderson Circle at a total estimated cost of $87,000. John Steely made a motion the permit be approved. Bob Davis seconded the motion, which carried 7- o. (C) Wendy's International requested a building permit for construction of a new restaurant on South Cobb Drive at Kenwood Road at a total estimated cost of $350,000. John Steely made a motion the permit be approved. Kathy Jordan seconded the motion which carried 7-0. (D) Heritage General Contractors requested a building permit for construction of a new Empress Chinese Restaurant at 2575 South Cobb Drive at a total estimated cost of $80,000. Kathy Jordan made a motion the permit be approved. Jim Hawkins seconded the motion, which carried 7-0. CONSENT AGENDA: (A) Approval of minutes: November 6 and November 20, 1989 Bill Scoggins made a motion the minutes of November 6, 1989 be approved as submitted. Wade Lnenicka seconded the motion, which carried 7-0. Bill Scoggins made a motion the minutes submitted. Wade Lnenicka seconded the Shinall abstaining. of November 20, motion, which 1989 be approved as carried 6-0, with Jack COUNCIL INPUT: Wade Lnenicka reported on library activities and read an excerpt from a report from the Planning & Zoning Board reflecting their vision of the City to help council in defining the long-range plans for development of our city. Bill Scoggins gave a report from the Parks Department. Jack Shinall requested that the neighborhoods where there are Fire Department not issue burning permits in people with known asthmatic conditions. Mr. Shinall also reported that the STEP unit has decreased the speeding and traffic problems on Plaza Drive that were reported several months ago. The STEP unit is available for selective enforcement by calling the Smyrna Police Department directly. John Steely reported that our new Police Chief would be here December 15th and thanked Kent Sims for the good job he did in the interim. Mayor Bacon expressed his appreciation to the Communications staff for their assistance and efficiency in responding to the calls following the plane crash last month. He failed to recognize them and the Parks and Public Works employees at the last meeting and apologized for that. With no further business, meeting adjourned at 10:13 p.m.