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04-03-1989 Special Called MeetingApril 3, 1989 A special meeting of Mayor and Council was held April 3, 1989, preceding the regularly scheduled meeting. The meeting was called to order at 6:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator John Patterson, City Attorney Charles E. Camp and City Clerk Melinda Dameron. Bob Betenbaugh made a motion the meeting be adjourned to executive session to discuss personnel matters. Bob Davis seconded the motion which carried 7-0. The meeting reconvened and was called to order at 7:30 o'clock p.m. by Mayor A. Max Bacon for the regular business meeting held pursuant to the Charter. Invocation was given by Jerry Boulanger from St. Thomas Catholic Church. CITIZENS INPUT: Debbie Monger from the Smyrna Jaycees requested support of council in promoting community night at the Braves, July 24th. The Jaycees and Smyrna Parks Department have committed to selling 1,000 tickets, with proceeds benefiting drug prevention programs for adolescents. John Butler, owner of Lad 'n Lassie Day Care Center representing a group of property owners on Sunset Avenue asked about the City's plans involving the use of their property. Mayor Bacon said the City is planning to build a community center and library in that area and we are acquiring property. Mr. Butler said he was contacted by a representative from the City several weeks ago about selling his property but would like to know specifically what the plans were. Also, he has been shown two different sets of plans for the development. Mayor Bacon said there would be a town hall meeting April 20th to answer any questions about the community center and would also make himself available at any time to talk and answer any questions they may have. Bob Davis presented a crystal bowl to Marion Wilhelm in appreciation of her many years of service to the City by serving on the Planning and Zoning Board from Ward 1. DEPARTMENT REPORTS: Kathy Barton reported on the Clean City Commission and upcoming events in the Jonquil Spring Festival. Before getting into public hearings, Mayor Bacon said he would like to introduce the people selected to serve on the Downtown Development Authority. Jim Hawkins said the creation of the Downtown Development Authority has been in our Charter since 1964 for the purpose of bringing economic development to the downtown area of the City, but it has never been activated. The people appointed tonight will serve with no pay, for a one year term. Jim Hawkins made a motion the following be appointed to the Development Authority for a one year term: A. Max Bacon, Chairman Hubert Black Alton Curtis C. J. Fouts Willouise Spivey Jim Pitts Jimmy Wilson Pete Wood Bill Scoggins seconded the motion. Jack Shinall said he had some very strong feelings about the methodology used in selecting the members and originally was not supportive of the appointments because he felt there should be someone from Wards 3 and 5 but this is a fine group and he would support the motion. Mayor Bacon said the members would all be sworn in at their first regular meeting. Vote on the motion carried 7-0. PUBLIC HEARINGS: (A) Home occupation license - 916 Pinehill Drive Mrs. Frances Webb requested a home occupation license for The Care Connection, a child care referral service to be operated from her home. Signatures were obtained from all property owners within the 300 foot radius as required and there was no opposition. Mrs. Webb said they would be acting as consultants to providers of child care as well as to those in need of the service. Work will be done strictly by telephone with no business activity at the home. April 3, 1989 meeting - continued Mrs. Webb said their service would be for those that are licensed through the State as well as those that are not since a State license is not required for care of 2 children or less. They will concentrate on permanent child care rather than an hourly service. Also, they have already been approved by the GBI to submit criminal record and background checks of their clients. Jack Shinall said he normally did not support home occupation licenses but after reviewing applications and seeing licenses approved in other wards did not feel that he could deny one of his constituents the same privilege. Also, he did not understand why a license was required of Mrs. Webb for this telephone service. Jack Shinall made a motion the license be approved. Bill Scoggins seconded the motion which carried 7-0. (B) Annexation of 1.221 acres at LL879•- Whitley Road & Cobb Parkway. There was no opposition to the annexation request and Bob Davis made a motion the Kentucky Fried Chicken property at Whitley Road and Cobb Parkway be annexed into the City to become a part of Ward 1. Jim Hawkins seconded the motion which carried 7-0. (C) Annexation of property at 2854 Old Concord Road. There was no opposition and Jack Shinall made a motion the property at 2854 Old Concord Road, John F. Gorman applicant, be annexed into the City to become a part of Ward 5. Kathy Jordan seconded the motion which carried 7-0. (D) Annexation of 40 acres in LL272 & 273 - Smyrna Powder Springs Road. Jack Shinall made a motion the annexation be continued to the April 17th meeting. Bob Betenbaugh seconded the motion which carried 7-0. (E) Rezoning of 14.7 acres in LL272 & 273 from RM8 to RAD (conditional) Jack Shinall made a motion the rezoning be continued to the April 17th meeting. Bob Betenbaugh seconded the motion which carried 7-0. (F) Rezoning of 1115 Concord Road from residential to Limited Commercial. John Patterson said this property is surrounded by Limited Commercial to the east and west, with Future Commercial to the north and south. The Future Land Use map shows restricted commercial use for this property. The Planning and Zoning Board recommended approval with several stipulations and there was no opposition. Charles McLane represented the applicants Debra Moore and Donna Greene, who were both present. Mr. McLane said they were requesting the rezoning and also a variance which would allow the existing garage to remain. At the last meeting, they had agreed to leave the 10 foot grass strip between the street and paved parking area and had discussed the requirement of a brick or masonry front on the main structure. Jim Hawkins asked Mr. McLane if the garage remained, if he would be willing to put a new facade on the outside. Mr. McLane said if that was a requirement, he would be more inclined to remove the building. Jim Hawkins said in the early 1970's when property along Concord was originally zoned there was a stipulation that the existing buildings not be occupied for commercial use; however, a few years later that was varied to allow brick fronts in lieu of tearing them down. That stipulation is still in force and even though there are some that do not comply it will be the position of council to enforce this requirement for everyone on Concord Road. Mr. McLane said he was familiar with the stipulation because his business, Cobb Heating & Air, was probably the first commercial development on Concord following the zoning stipulation. Mr. McLane said he could not agree to putting a brick facade on the house, although they did plan to make a lot of improvements. Jim Hawkins made a motion the zoning at 1115 Concord Road be approved from residential to Limited Commercial with the following stipulations: 1) That the accessory building be torn down 2) That the 10 foot grass strip on Concord Road remain between the street and paved parking area 3) That the building have a new facade or be re -decorated. Bob Davis seconded the motion. Mr. McLane said he would not agree to using April 3, 1989 meeting - continued new materials on the facade and Mr. Camp said he did not necessarily have to agree on the stipulations. Mr. Hawkins said the earlier stipulations have not been enforced, and would be willing to reduce this stipulation to improving the property, without specifying any particular type of material to be used. After further discussion, Bob Davis withdrew the second and Jim Hawkins amended his motion to delete the third stipulation requiring a new facade or re -decoration. Mr. Hawkins said since this requirement has not been enforced, he did not think it should now be a specific requirement for a specific zoning and that enforcement should be uniform for the entire street. Mr. Camp advised that if the requirement is not made on this zoning tonight, we may not be able to require it at a later date. Jim Hawkins re -stated his motion that the zoning be approved from residential to Limited Commercial with the following stipulations: 1) That the accessory building be torn down 2) That the 10 foot grass strip be left between Concord Road and the paved parking area. Bob Davis seconded the motion. Wade Lnenicka said he was not opposed to the zoning but was concerned that the wording was either unfair to the existing owners who have been previously rezoned or unfair to Mr. McLane and for that reason would not support it. Vote on the motion carried 6-1, with Wade Lnenicka opposed. (G) Variance - West Cash & Carry, 2600 South Cobb Drive - front yard setback John Patterson said that West Cash & Carry is requesting a waiver of the 50 foot front setback requirement "to allow a garden shop on the front of the building. They have received letters from owners and tenants of the surrounding businesses affected by this construction. Bogey Stoner stated he did have some questions about the variance and was sworn in along with Tom Lawrence, applicant. Mr. Lawrence said at their customers request, they would like to construct a garden shop in a safe area, away from the high traffic. Due to the way the building is situated on the lot, what appears to be the side of their building is actually the front yard because it's closest to South Cobb Drive. In reality, this area is the back yard of Mexico Lindo Restaurant and out of sight of South Cobb Drive. There is 121 feet between West and Mexico Lindo and this addition will take about 60 feet so there is adequate space for safety reasons, including emergency vehicles. Jack Shinall said he had letters from owners and tenants except for Mr. Stoner who is here tonight and had also received a letter from a Mr. Adams with West agreeing to several stipulations including directional signals and parking, which was one of his biggest concerns. It was his understanding that all West employees would be directed to park their vehicles in the area abutting the shopping center, past Blimpies. Mr. Lawrence said they had already done that, and employees are parking around the empty hamburger kiosk. Also, they have already ordered directional signs to prevent cars from using the Dairy Queen entrance and exit and they should be up within the next few days. Bogey Stoner said he had no opposition and had also received a letter from West concerning signage. They have had problems with parking and traffic in the past and would like assurance that directional signs are erected and maintained. Wade Lnenicka asked if council would be setting a precedent by approving this variance. Mr. Camp said this situation is so unique and different that it would not. After further discussion, Jack Shinall made a motion the variance be approved with the following stipulations: 1) That the West employees be advised that a designated area has been established for parking in front of South Cobb Plaza; 2) That traffic signs be installed directing West customers to the correct South Cobb Drive exit; 3) That the signs be installed within the next 30 days; 4) That signs be provided indicating "wrong way" to any traffic exiting through the Dairy Queen driveway towards South Cobb Drive April 3, 1989 meeting - continued 5) That the signs be maintained by West as long as they are lessee of the building. Jim Hawkins seconded the motion which carried 7-0. (H) Variance - increase size of accessory structure at 2620 Highland Avenue. John Patterson said that Jeffery Dobbins is requesting this variance to replace the existing garage with a new 24 x 36 garage. The new structure will be 864 square feet or 162 square feet larger than allowed by code. There was no opposition. Mr. Dobbins said the house and garage have been in existence for 63 years. He is not asking for a building any larger than what he has now, but the arrangement of the inside walls of the new garage will give more room to store his two antique cars. With little discussion, Bill Scoggins made a motion the variance be approved. Jim Hawkins seconded the motion which carried 7-0. (I) Variance - reduce side yard setback at 1776 Corn Road John Patterson said that Wilbert Cohen is requesting this variance to reduce the side yard setback from 20 to 10 feet for construction of a 12,000 square foot building on the lot west and adjacent to his company, Construction Steel, Inc. at 1772 Corn Road. There was no opposition. Mr. Cohen said would be a pre-engineered building which would serve as an addition to his existing business and allow them to expand. Bob Davis asked why they did not construct a common wall and connect the two buildings if it was an addition. Mr. Cohen said there are two different owners involved, with Construction Steel owning 1772 Corn Road with a partner owning the adjacent property at 1776 and leasing it to them. They want it to remain separate in the event there are any changes in the future. There may be some outside storage, just as they are doing now. A group of residents from Lexington Trace Drive questioned the traffic on Corn Road and were concerned with the possibility of increased heavy traffic as a result of this variance. Bob Davis said he would be happy to meet with residents of Lexington Place about the traffic and possibly they could post signs to prevent any through traffic. Wade Lnenicka said he was concerned that there would only be 14 to 17 feet between these two buildings, that may at some future date, have separate ownership and usage Mr. Cohen said there is a grassy area at the property line now and he would agree to leave a 10 foot strip between the buildings, free of any obstructions in case of fire or emergency. After further discussion, Bob Davis made a motion the variance be approved provided there is no outside storage except for finished products. Jack Shinall seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Validation of signatures to annex 4.07 acres on Gann Road. John Patterson said that Robert H. Martin is requesting that this property be annexed into the City for residential development and the legal description was read by Mr. Camp as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) of the 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: r All that certain tract or parcel of land located in Land Lot 457, 17th District, 2nd Section, Cobb County, Georgia, as shown on a plat of survey by Donald L. Perryman, Ga. RLS No. 2133, dated February 28, 1989 and being more particularly described as follows: Beginning at an iron pin found at the common corner of Land Lots 408, 409, April 3, 1989 meeting - continued 456 and 457, running thence south 88 degrees 09 minutes 49 seconds east a distance of 272.49 feet to an iron pin found on the west right of way of Gann Road (a 50 foot right of way), running thence southerly along said right of way of Gann Road and following the curvature thereof a distance of 824.92 feet to an iron pin set, running thence north 90 degrees 00 minutes west a distance of 366.06 feet to an iron pin found on the land lot line between Land Lots 408 and 457, running thence north 00 degrees 11 minutes 00 seconds east a distance of 767.04 feet along the common land lot line to an iron pin found and point of beginning, containing 4.07 acres. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the record title holders of the land described above: s/ROBERT H. MARTIN Bob Betenbaugh made a motion the signature be validated and the public hearing set for May 1, 1989. Wade Lnenicka seconded the motion which carried 7-0. RTD AWARDR (A) Bob Betenbaugh made a motion the bid from Wade Ford be accepted for eight new police cars at a total bid price of $108,000. Bill Scoggins seconded the motion which carried 7-0. (B) Bob Betenbaugh made a motion the voting receiver be awarded to Motorola's alternate bid price, the only bid received for this equipment. Wade Lnenicka seconded the motion which carried 7-0. (C) Bob Betenbaugh made a motion the radio console be awarded to Loudon Communications in Austell, the low bidder. Jim Hawkins seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) Winesth-Hill Constructors, Inc. requested a building permit for construction of a Goodyear Car Care Center at 3452 South Cobb Drive at an estimated total cost of $420,000. Jim Hawkins made a motion the permit be approved. Jack Shinall seconded the motion which carried 7-0. CONSENT AGENDA: (A) Signalization at Windy Hill Road and Belmont Circle (B) Approval to purchase property: Atlanta Road: 2822, 2826, 2828 Powder Springs Street: 960, 1219, 1241 Bank Street: 1265 Fuller Street: 2711 (C) Approval of March minutes Wade Lnenicka stated he had not received a copy of the March minutes and was not prepared to vote on them. Jim Hawkins made a motion that items A and B on the consent agenda be approved. Jack Shinall seconded the motion which carried 7-0. Jack Shinall stated the cost of the traffic signal was being borne by Halpern Enterprises. Jim Hawkins made a motion the March minutes be approved as submitted. Bob Betenbaugh seconded the motion which carried 5-0, with Jack Shinall and Wade Lnenicka abstaining. APPEAL OF RECORDERS COURT - THOMAS EVERETT WALLACE John Patterson said that Thomas Everett Wallace has appealed the decision of Recorders Court where he was found guilty on February 2, 1989 for speeding 60 in a 45 and fined $35.00. This hearing was originally scheduled for March 6th and has been postponed twice before coming to council tonight. Solicitor Mike Whaley requested that Mr. Wallace's appeal be dismissed without hearing, by being procedurally improper. At the trial of this matter on March 2nd, Mr. Wallace's defense was that he was not, in fact, speeding as indicated by the testimony before the court. He has indicated that the purpose of this appeal tonight is a jurisdictional one, maintaining that the offense did not occur within the jurisdiction of the City of Smyrna. Mr. April 3, 1989 meeting - continued Wallace agreed that this was the basis of his appeal. Mr. Whaley said he was attempting tonight, to bring before council an issue which has not been raised in Recorders Court. His options are to either file a motion for a new trial in Recorders Court based on the new evidence on his behalf or to have a new trial by certiorari in the State Court of Cobb County. Attorney Camp agreed that if he had not, in fact, raised the jurisdictional issue before the Judge then it would be improper to hear an appeal on that basis tonight. Bob Betenbaugh made a motion the appeal be denied by being procedurally improper. Jim Hawkins seconded the motion which carried 7-0. COUNCIL INPUT• Everyone welcomed and congratulated the members selected to serve on the Downtown Development Authority and reminded everyone to vote on the special election April 4th to consider increasing our homestead exemption to $10,000 for those disabled or over 65 years of age. Jack Shinall also reminded everyone of a meeting at the Civic Center April 6th when the School Board will consider closing Wills High School because of declining enrollment. This will be a public forum from 7:00 to 9:00 p.m. and it's important that we have a good turnout from the Wills and Campbell districts. Wade Lnenicka thanked Vic Broyles and his crews for construction of the sidewalk on Campbell Road. Mayor Bacon said he was concerned that the property owners on Sunset Avenue felt the City would treat them unfairly in the land acquisition by the City. This matter has not been publicized because of real estate speculation and certainly not to try and withhold information or deceive them in any way. With no rther business, meeting adjourned at 9:25 p.m. 4✓ r A. BACON, MAY MELI A D ITY BOB BETENBAUGH, WARD 7 LNENICKA7. WARD 2 April 17, 1989 ..D its L41 The regular scheduled meeting of Mayor and Council was held April 17, 1989 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present except for Bob Davis who was sick. Invocation was given by Reverend L. C. Malone, pastor of Mt. Sinea Baptist Church. CITIZENS INPUT: Lothar Gierschner of 2267 Old Spring Road complained of muddy water at his home since January. Mr. Gierschner said they could not drink the water or wash clothes in it and refused to pay the most recent bill he had received. Mayor Bacon said the City has been working on the problem and we hope to have it corrected by the end of the week. Mayor Bacon asked Mr. Gierschner to leave his water bill and they would look into the matter of adjustments. Jimmy Hawkins of 2312 Old Spring Road also complained of muddy water and said the City had not repaired his yard from the curbing done several months ago.