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05-01-1989 Regular MeetingMay 1, 1989 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on May 1, 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 Betenbaugh. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by York Chambless, retired pastor of Trinity Baptist Church followed by the pledge to the flag. Mayor Bacon said that Bob Betenbaugh is in the Intermediate Intensive Care Unit at Kennestone Hospital with complications from bi-lateral pneumonia and asked everyone to remember him and his family in their prayers. CITIZENS INPUT: John Butler, owner of Lad 'n Lassie Day Care on Sunset Avenue asked if the new Downtown Development Authority would have condemnation powers. Mr. Camp said they are empowered to condemn property if necessary. Mayor Bacon informed Mr. Butler that council has not discussed condemnation of any property with the DDA, Planning or Zoning or any other board of this city. Mr. Butler asked when the next meeting of the DDA would be held and Jack Shinall stated their meetings would be posted as required by law. Scott Perkins said he also owns two buildings on Atlanta Road and had learned of the City's interest in purchasing his property when he returned from New Orleans. Mr. Perkins said since he had been out of town and had only heard rumors, he would like to know a little more about the City's plans. Mayor Bacon asked Mr. Perkins to meet with him after the meeting to discuss the development. 1 DEPARTMENT REPORTS: Reports were given by the Fire Department and Chief Williams reported on the most recent fire last Friday at Post Vinings where an entire building was destroyed. This is the second major fire we have had in the development. Jack Shinall said Post is offering a $10,000 reward and the State is offering an additional $5,000 reward, for information leading to the arrest and conviction of the person responsible for these fires. Jack Shinall made a motion the rules be suspended to consider a motion increasing the reward. Jim Hawkins seconded the motion which carried 6-0. Jack Shinall made a motion the City match the State's reward of $5,000, bringing the total reward to $20,000. Wade Lnenicka seconded the motion which carried 6-0. PUBLIC HEARINGS: (A) Annexation of 4.07 acres on Gann Road There was no opposition and Jim Hawkins made a motion the 4.07 acres on Gann Road be annexed into the City to become a part of Ward 7, the legal description being read and made a part of the minutes of the April 3, 1989 meeting. Jack Shinall seconded the motion which carried 6-0. (B) Rezoning of 4.07 acres on Gann Road from R20 to R15 John Patterson said Robert H. Martin is requesting this rezoning of property just annexed for development of single family homes on 9 lots. The property is surrounded by R20 on the north, south and west sides, with RM12 to the east. The Planning and Zoning Board recommended approval. There was one person in opposition who was sworn in with Mr. Martin. Mr. Martin said his plans were to keep two of the lots for his own use and sell the others individually, with a requirement that the homes be in the $150,000 to $175,000 price range. Jim Hawkins said the City normally required the owner or developer to provide curb and gutter and would also request that he install an 8" water line to the development. Mr. Martin said he would have no problem with meeting those requirements. There was some discussion about the lot size and Mr. Martin stated the majority of the lots would far exceed the minimum 15,000 square feet required, with the smallest lot being 15,500 square feet. Neal Gilstrap represented property owners on Gann Road and said while they did not object to the rezoning, they would prefer to have a stipulation on J Mav 1. 1989 meetina - continued the minimum square footage of the new homes, rather than a price range. They recommended a minimum of 2,000 square feet of heated floor space which would be compatible with their homes which ranged from 1,600 to 2,000 square feet. After further discussion Jim Hawkins made a motion the zoning be approved with the following stipulations: 1) That curb and gutter be installed along the Gann Road frontage of his property; 2) That an 8" water line be installed to serve the lots; 3) That the homes be a minimum of 1,600 square feet of heated floor space and that all recorded deeds reflect the size stipulation. Wade Lnenicka seconded the motion which carried 6-0. (C) Variance - front, side and rear setbacks - 1000 Curtis Drive John Patterson said that Steve Dumas with Wilma Southeast is requesting the following variances for construction of two office buildings at the corner of Curtis Drive and Hargrove Road: 1) Reduce the front yard setback along Hargrove Road from 50 to 40 feet 2) Reduce the side yard setbacks from 33.33 to 15 feet on Curtis Drive on the north and the same reduction along the east property line that abuts city right of way; 3) Reduce the rear yard setback from 40 to 25 feet. There was one person in opposition who was sworn in with Mr. Dumas. Mr. Dumas said that while the development could take place without the variances, their desire was to create a suburban development and the variances would allow them to move the buildings off the parking decks and provide a better view of the skyline for tenants. They will maintain a large landscaped area in front of the buildings and the parking decks will be on the rear facing I-285. Mr. Dumas said the variances will not increase the size of the buildings but would simply allow them to separate the buildings from the parking decks. Ralph Hancock spoke in opposition and said that in 1986 Wilma Southeast annexed this property and received a variance on height of the buildings. Mr. Hancock said his concern is for safety due to heavy traffic, which has increased by about 50% in the last 3 years. Also, no one knows for sure if the Spring Road Connector is a dead issue and if it is ever built, it will affect this property. In addition, if the State DOT ever decides to widen I-285 they will have to use the Spring Hill Road right of way which would also affect the development. Mr. Hancock said he was not really opposed to the variances but was opposed to the fact that Wilma Southeast was actually asking for approval of another site plan from what was approved in 1986. John Patterson said the Spring Hill Connector project has been terminated and there has been no further discussion about the allocation of funds. Mr. Patterson also said there had been no discussion or planning to his knowledge, for any widening of 285 in this corridor. Mr. Dumas said this will be the final site plan as far as density is concerned but there may be some changes in the configuration of the buildings to satisfy their marketing needs. It is not their intention to change the concept of the development and they would look to their major lead tenant to make the final decision. After further discussion, Bob Davis said he could understand the need for the variances because of the topography of the land and made a motion they be approved as requested. Bill Scoggins seconded the motion. Wade Lnenicka said he could not support the motion because he was concerned about access to the development and safety because Hargrove Road and Curtis Drive are both heavily traveled. Vote on the motion carried 5-1, with Wade Lnenicka opposed. (D) Variance - exceed maximum size allowed for accessory building at 775 Linnwood Court John Patterson stated that Lloyd Helton is requesting a variance to construct a 24 x 32 garage behind his home which has a total of 1400 square feet. Mr. Helton has provided letters from the two adjacent property owners stating May 1, 1989 meeting - continued they have no objections to the variance and there was also no opposition from the audience. Mr. Helton said the garage would not detract from the property or neighborhood and would be used to park two cars and also provide space for his hobby shop. With little discussion Kathy Jordan made a motion the variance be approved. Wade Lnenicka seconded the motion which carried 5-0. Jim Hawkins was out of the room when the vote was taken. (E) Privilege license management change - liquor, beer and wine pouring - Monterrey Mexican Restaurant, 2540 Atlanta Street. John Patterson said that Kathie Lee Evans has applied as the new agent to hold the pouring license for Monterrey Restaurant at Belmont Hills Shopping Center. The police investigation was favorable and there was no opposition. Ms. Evans said she has been friends with the owners of the restaurant for several years and was recently employed as their night manager. Ms. Evans said she had read and understood our ordinance regarding sale of alcoholic beverages. Attorney Barry Karp also represented Monterrey and said Ms. Evans would be a full time employee of the restaurant. The management change was necessary due to the death of the previous licensee. Jack Shinall made a motion the license be approved. Kathy Jordan seconded the motion which carried 6-0. (F) Home occupation license - Lynn Shoenig Direct Marketing Consultant - 1905 Shenandoah Valley Lane. John Patterson said that Lynn Shoenig has applied for a license to do business at her home, for telephone consulting work only. Signatures were obtained from neighbors within a 300 foot radius and there was no opposition from the audience. Ms. Shoenig said she would be using the telephone at her home to call on clients and help them market their business. This is a direct marketing plan dealing mostly with health care professionals, developing programs to help them increase their business. Ms. Shoenig said there would be no traffic at her home, no advertising, with her work being handled only through referrals. With little discussion Bill Scoggins made a motion the license be approved. Bob Davis seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Appointment to Planning and Zoning Board - Ward 1 Bob Davis made a motion Jack Hamlin be appointed to the Planning and Zoning Board representing Ward 1. Bill Scoggins seconded the motion which carried 6-0. (B) Approval of 3-way stop sign, Mackinaw Place and Creatwood Trail and 3 speed bumps on Creatwood Trail. John Patterson said residents on Mackinaw Place and Creatwood Trail are requesting a 3-way stop sign at this intersection and Mr. Lnenicka has also received a petition from quite a number of residents requesting speed bumps on Creatwood Trail. Wade Lnenicka requested that items (B) and (C), the approval of speed bumps on Mohawk Place be discussed at the same time. Mr. Lnenicka said we have petitions with names of 86 residents in this part of Creatwood Subdivision. They are very concerned about traffic problems and specifically speeding. The request for speed bumps on Creatwood Trail would be for the area from Atlanta Road to Mohawk Place. Residents in the area feel very frustrated with the City's efforts to control the problems. Mr. Lnenicka said after discussing the problems with council, they felt they may have reached a solution without the speed bumps through an intensive patrol with our new STEP unit which was recently activated. Council is in agreement to direct John Patterson and the Police Department to work this area for a period of 30 days. If the speeding and traffic can be solved through enforcement, we will not need the speed bumps. May 1, 1989 meeting - continued Wade Lnenicka made a motion that approval of the speed bumps be postponed for 30 days and that John Patterson direct the STEP unit to actively and intensely patrol this area during the 30 days with a weekly report being made to him noting the number of citations being issued. Also, that a 3-way stop sign be installed on Creatwood Trail at Mackinaw Place and after we observe the results of this intensive patrol effort, if we need to go to another step we take that action the first meeting in June; if not, through repeated enforcement by the Police Department under the Acting Chief and soon to be new Chief. Jack Shinall seconded the motion for discussion and suggested that reports come back to the full council to track the progress. Mr. Shinall said speeding is a problem throughout the City and was not sure he would support speed bumps to solve the problem. Also, he felt the Police Department and Public Works department should study this area to determine the need for speed bumps and both make a recommendation to council. After further discussion the motion and second were withdrawn to allow discussion from the floor. Terry Owens of 3391 Creatwood Trail said cars are using their street as a cut -through to get to Campbell High School. They are not observing the stop signs that are there now and are speeding. Greg Fisher of 3376 Creatwood Trail also complained of the traffic and said cars do not observe the stop signs and said the speed bumps would be there all the time and not just during a 30 day period. John Owens of 3391 Creatwood Trail said he would like to try the STEP unit for 30 days and felt that proper enforcement would help. Mr. Owens said he really did not think speed bumps were the answer and stated that it is also adults and not just students who are causing the problems. Wade Lnenicka thanked everyone who signed the petition and those that were 'here tonight. Wade Lnenicka made a motion that a 3-way stop sign be installed on Creatwood Trail at Mackinaw Place; that we direct the City to have the STEP unit intensively patrol and enforce the speed limit in this area for the next 30 days and that they provide weekly reports to the entire Mayor and Council on the number of citations issued and the progress we are making. At the end of the 30 day period if there is no resolution, this matter will be placed back on the agenda for the June 5, 1989 meeting for further discussion. Jim Hawkins seconded the motion which carried 6-0. BID AWARDS: Nothing to report. COMMERCIAL BUILDING PERMITS: (A) Kentucky Fried Chicken requested a building permit for new construction at 2637 Cobb Parkway at a total estimated cost of $200,000. Bob Davis made a motion the permit be approved. Wade Lnenicka seconded the motion which carried 6-0. (B) Brawners Hospital requested a building permit to increase their seating capacity in the dining facility at 3180 Atlanta Road at a total estimated cost of $270,000. Wade Lnenicka made a motion the permit be approved. Kathy Jordan seconded the motion which carried 6-0. (C) Caride Properties requested a building permit for new construction at 1766 Corn Road next to Construction Steel at a total estimated cost of $180,000. Bob Davis made a motion the permit be approved. Jim Hawkins seconded the motion which carried 6-0. CONSENT AGENDA: (A) Approval of April minutes (B) No parking signs - Cedar Valley Drive from Shawnee Trail to Cedar Valley Court (both sides) (C) No parking signs - Shawnee Trail from Creat Trail to Cedar Ridge Drive (both sides) Bob Davis asked that Item (A), approval of April minutes, be voted on separately since he was absent from one of the meetings. Jim Hawkins made a motion that the April minutes be approved as submitted. Jack Shinall seconded the motion which carried 5-0, with Bob Davis abstaining. Wade Lnenicka made a motion items (B) and (C) on the consent agenda be May 1, 1989 meeting - continued approved. Jim Hawkins seconded the motion which carried 6-0. COUNCIL INPUT: The Mayor and Council urged everyone to remember Bob Betenbaugh and his family in their prayers because he is in serious condition. Jim Hawkins made a motion the rules be suspended to consider an item not on the agenda. Jack Shinall seconded the motion which carried 6-0. Jim Hawkins said a recent survey of other cities indicates that our salaries for our appointed Board members is low and made a motion the salaries of our Planning and Zoning and Civil Service Board members be increased from $20.00 per meeting to $30.00 per meeting. Kathy Jordan seconded the motion which carried 6-0. Mayor Bacon reminded everyone of Smyrna Night at and with no further business, meeting adjourned at A. MAX BACON, MAYOR BOB BETENBAUGH, WARD 7 May 15, 1989 the Braves game, July 24th 9:39 p.m. The Mayor and Council met in special session on May 15, 1989 at Smyrna City Hall at 7:05 p.m. All council members were present except for Bob Betenbaugh. Also present was City Attorney Charles E. Camp, City Administrator John Patterson, City Clerk Melinda Dameron and Attorney Irvin W. Stolz, representing the property owners on Sunset Avenue. Kathy Jordan made a motion council go into executive session to further discuss with Mr. Stolz the proposed property acquisitions on Sunset for development of the new Community Center and Library. Jim Hawkins seconded the motion which carried 6-0. Mayor Bacon told Mr. Stolz they had asked him here tonight to find out exactly what the property owners on Sunset Avenue expect from the City in terms of the development. Mr. Stolz said that simply stated, they would like things to remain as they are. They do not want to sell their property and in the 4 or 5 meetings he has had with them, there has not been one person who has indicated that they would sell for a higher price. Mr. Stolz said they did react favorably to the City's second option of the bookend approach, by building around them and leaving their homes and businesses in tact. Mr. Camp said., there may be some significant changes from what the alternate plans they had *seen which would probably entail closing off one end of their street. Mr. Stolz said he did not think that would adversely affect them and in a meeting they had just 45 minutes earlier, it was still their desire to maintain their property. Mayor Bacon asked Mr. Stolz why the question of condemnation always came up, when the City has never mentioned condemnation. Mr. Stolz said when they first asked him to represent the group they asked about their rights, and also the rights of the City. He informed them that the City did have the right of condemnation if it was in the best interest of the community. They keep coming back to that question because that is what they fear the most. Mr. Stolz said he would talk with them again tonight and assured council they would hear no further talk of condemnation from the property owners.