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07-10-1989 Regular MeetingJuly 10, 1989 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on July 10, 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. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Melinda Dameron, Fire Chief Larry Williams, Acting Police Chief Kent Sims, Personnel Director Jane Sargent, Librarian Laurel Best, Communications Director Steve Ciaccio, Parks Director Sherry Reavis, Public Works Director Vic Broyles, Community Relations Director Kathy Barton, Building Inspector Robert Burns and representatives of the press. Invocation was given by Arvil Burnette from Ponders Baptist Church, followed by the pledge to the flag. Mayor Bacon recognized Steve Wilson and John Steely, candidates for the Ward 7 special election being conducted tomorrow. CITIZENS INPUT: Ann Kirk with the Clean City Commission presented an award to Eagle Scout Corey Black in appreciation for his efforts in collecting litter along South Cobb Drive. PUBLIC HEARINGS: (A) Closing and conveyance of Evergreen Trail extension John Patterson said a proposed extension of Evergreen is recorded and shown on the subdivision plats for Hickory Acres Subdivision and is also shown on the tax plats, but the road was never completed. Signs have been posted on the right of way and advertisements have been made for a public hearing tonight to consider the abandonment and conveyance of this property. The right of way is 50 feet in width, extending 165 feet on the east side and 125 feet on the west side. There was no opposition but Dwight Wilson said he owned property at the end of the cul-de-sac of Natalie Lane and thought his property would abut the abandoned right of way. If so, Mr. Wilson said he would also like to have that portion conveyed to him. Jack Shinall said it would be appropriate to include Mr. Wilson in the conveyance if his property is contiguous. Kathy Jordan made a motion the 50 foot right of way be abandoned and permanently closed, with the property being conveyed to the adjacent property owners provided they pay all surveying and legal fees, with the City maintaining the 20 foot easement over the existing water line. Wade Lnenicka seconded the motion which carried 5-0, with Jack Shinall abstaining. (B) Annexation of 4.503 acres in Land Lots 333 and 334 - Herman L. Miller John Patterson said that Mr. Miller has requested the annexation of this property on North Cooper Lake Road for development of a small subdivision. The property is currently zoned R15 in the county. There was no opposition to the annexation and Jack Shinall made a motion the 4.503 acres on North Cooper Lake Road in Land Lots 333 and 334 be annexed into the City to become a part of Ward 7. Kathy Jordan seconded the motion which carried 6-0. (C) Annexation of Windy Hill Road John Patterson said the new construction of the Windy Hill Road extension had left several pocket areas in the unincorporated area. Cobb County has agreed that the annexation of the entire roadway would allow us to provide more consistent enforcement to this area. This is a 2.0 mile length of roadway beginning at Atlanta Road and extending to the west property line of the Windy Hill Plaza at the back entrance of Lionel Play World. There was no opposition and Bill Scoggins made a motion Windy Hill Road be annexed into the City and made a part of Ward 3. Wade Lnenicka seconded the motion which carried 6-0. (D) Annexation of 4.8906 acres on Spring Road John Patterson said Robert Franklin Holcombe and Bessie Lee Matthews have requested annexation of this tract on Spring Road in Land Lot 631, through power of attorney for the Eva Cleo Holcombe estate. Ted Jones represented the July 10, 1989 meeting - continued applicants and introduced Jay Jenkins, proposed developer for a new auto service mall on the site. There was no opposition and Bob Davis made a motion the annexation be approved to be made a part of Ward 1. Jim Hawkins seconded the motion which carried 6-0. (E) Variance - sign for Exxon, Spring & Atlanta Road John Patterson said that Elvin Aycock with Exxon Oil is requesting a variance to place an additional sign at the station located at Spring Road and Atlanta Road. The additional sign will be placed on the Atlanta Road side and will be identical to the one on the Spring Road side. There was no opposition. Mr. Aycock introduced Bill Atwell, also representing Exxon. Mr. Aycock said the visibility is poor when you approach the store from Atlanta Road and presented pictures of the site with a temporary sign at the location where they felt it should be placed. Mr. Aycock said their business has been about one-third of what they had anticipated since they opened and would not justify their investment. They attribute it to the poor visibility and felt the sign would improve conditions and make them more competitive with the Amoco station across the street. Sue Brissey stated that she had observed 7 different signs on the property and asked if those were necessary. Mr. Atwell said any signs they have there now should be permitted and if they are not, they would be removed. Wade Lnenicka said this is a very complex issue and he was concerned about setting a precedent for other businesses on corner lots to have two signs and exceptions should be based on individual merits of each case. Mr. Lnenicka said he felt when the Atlanta Road construction was completed it would change things also. Wade Lnenicka made a motion the variance be tabled to the next meeting to give him an opportunity to meet with the applicant and consider other possible alternatives. Bob Davis seconded the motion which carried 6-0. (F) Variance - Number of accessory buildings allowed at 3784 Plumcrest Road. John Patterson said that Mr. E. G. Beavers of 3784 Plumcrest Road is requesting this variance to allow a second accessory building on his property. Five people raised their hand in opposition to the variance and three were sworn with Mr. Beavers. Mr. Beavers presented pictures of both structures and stated when he moved into the house in February the smaller building was there but it did not have the room he needed for storage. The new garage/accessory building was constructed and permitted by Horizon Building, Inc. Mr. Beavers said he was not told the old building would have to be removed and if he had known, he would have increased the size of the new building. Robert Burns said Mr. Kevin Neel with Horizon Building, Inc. permitted the job and was told that the old building would have to be removed. Jay Gray of 4125 Manson Avenue said he was concerned about the appearance of the neighborhood with the number of small storage buildings that are already in place. Mr. Gray said there was originally a covenant against any type of accessory building and he was opposed because he felt it caused a devaluation of property. Donald Hendricks of 3754 Cloudland Drive also said he was opposed. The building was constructed on a Sunday and this particular piece of property now has a pool and two accessory buildings on it. Mr. Hendricks said he did not think it would be in the best interest of the community to grant this variance. Paul White of 3789 Cloudland Drive said he was opposed to this, and any variance. Mr. White said the City has an ordinance and everyone should comply with it. Jack Shinall said he felt we should have the contractor here before a decision is made and made a motion the variance be tabled to the next meeting. Bill Scoggins seconded the motion which carried 6-0. July 10, 1989 meeting - continued (G) Variance - side yard setback at 4481 Derby Lane. John Patterson stated Mr. George Wright with Carlile Land Surveyors is requesting this variance to reduce the side yard setback from 10 feet to 8 feet at 4481 Derby Lane. There was no opposition. Mr. Wright said there were apparently two pins on the back side of the lot with one being from a previous survey. The lot was overgrown and they surveyed from the wrong pin, causing the house to be 2 feet over the setback line. It was an honest mistake, and Mr. Wright said he would assume full responsibility. The house is completed and the error not discovered until the final survey was made at closing. Bill Scoggins made a motion the variance be approved. Wade Lnenicka seconded the motion which carried 6-0. Jack Shinall stated the adjacent property owners and purchaser of the house have signed letters indicating they understand the encroachment and variance. (H) Zoning - Georgia Power office at 1088 Concord Road from Future Commercial to Office/Institutional. John Patterson stated Mr. Ray Sanford with Georgia Power is requesting this zoning of 2.43 acres for construction of a new district office. The new building will consist of 10,533 square feet to house their marketing and accounting departments. The Planning and Zoning Board recommended approval and there was no opposition from the audience Mr. Sanford said this will replace the office at Jonquil Plaza for their marketing and accounting offices. There will be about 30 employees at this location with hours Monday through Friday from 9:00 to 5:00. A drive -through window will also be provided for payments. Mr. Sanford presented a drawing of the proposed building which will be heavily landscaped. Mr. Sanford said they have met with homeowners in the area and through their discussions, had decided to eliminate the proposed curb cut and exit from McCauley Road. They have also provided for additional planted buffers around the property at the request of the homeowners. Jim Hawkins made a motion the zoning be approved as requested with the following stipulations: 1) That a deceleration lane be provided along the Concord Road frontage 2) No curb cubs on Ridgecrest Drive or McCauley Road 3) That a minimum 10 foot visual buffer be planted and maintained around the perimeter of the property according to the plan submitted. Jack Shinall seconded the motion which carried 6-0. (I) Privilege license management change - beer and wine pouring - Pizza Hut, 3815 South Cobb Drive. John Patterson said that Frank Carroll Bishop, Jr. has applied as the new agent for Pizza Hut at 3815 South Cobb Drive. The police investigation was favorable and there was no opposition. Mr. Bishop said he is Area Manager for Pizza Hut and has partial responsibility for this store. Mr. Bishop said he understood the ordinance and knew he would be personally responsible for any infractions. Wade Lnenicka made a motion the license be approved. Bill Scoggins seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Amendmemt to FY89 budget John Patterson said these are the final end of year amendments to the FY89 budget which are needed to properly reflect the transactions which have occurred during the last quarter of the budget year. This action matches actual expenditures to budgeted expenditures. Jim Hawkins said this is a re -allocation of funds to show actual expenditures July 10, 1989 meeting - continued that have been made this past year including a new boiler for Tolleson Pool, striping of Spring Road, contract payment to Georgia Power for street lighting on South Cobb Drive and transfers of other line item accounts due to unanticipated expenditures. Jim Hawkins made a motion the amendments to the FY89 budget be approved as submitted. Jack Shinall seconded the motion which carried 6-0. (B) Set date to hear appeal of Recorders Court - Melvin C. McClellion, Jr. Jim Hawkins made a motion the appeal be set for the July 17, 1989 meeting. Jack Shinall seconded the motion which carried 6-0. (C) Extension of work hours for John Wieland Homes. John Wieland Homes did not have a representative present and Bob Davis made a motion the request be denied. Jim Hawkins seconded the motion which carried 6-0. (D) Amend speed zone ordinance - South Cobb Drive from Wisteria Lane to Kenwood Drive from 55 to 45 MPH. Jim Hawkins said at the zoning hearing for the 1.66 acres at South Cobb and Wisteria Lane held June 19th, there was some discussion about the speed limit on South Cobb which goes from 45 to 55 MPH from Wisteria Lane to I-285. There have been quite a number of accidents in this area and Mr. Hawkins said he thought it would be wise to reduce the speed limit from 55 to 45 on South Cobb, from Wisteria Lane to I-285 and made a motion it be approved. Motion died for lack of a second and no action was taken. BID AWARDS: Nothing to report. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Approval to surplus vehicles for auction July 15th (B) Approval of turn signal - Spring & Village Parkway (C) Approval to request bids: 1) Meter reading devices 2) Copies for Police Department & City 3) Playground equipment for Tolleson & Church Street parks 4) Holland with trailer for Parks Department 5) Signs for Jonquil & Church Street parks 6) Thermal pool blankets 7) Riding lawn mower for Parks Department (D) Approval of June minutes (E) Approval to purchase leased vehicle for Police Department Jack Shinall made a motion the consent agenda be approved. Bob Davis seconded the motion which carried 6-0. COUNCIL INPUT: Wade Lnenicka reminded everyone to vote in the special election and wished the candidates well. Jim Hawkins said as a result of the increased patrol through the STEP units at Wisteria Lane and Crestview and there have been 14 citations and 7 warning tickets issued. Mr. Hawkins asked John Patterson to leave the units there for another 2 weeks. Jack Shinall asked Mr. Patterson to see if there may be funds available through the 1% local option sales tax for a turn signal at South Cobb and Powder Springs Street and if not to have this item placed on the next agenda. Laurel Best reported on the summer reading program and other activities in the Library. Mayor Bacon also reminded everyone of the election tomorrow and welcomed the department heads to the meeting tonight. Mayor Bacon also reminded everyone of Smyrna night at the Braves July 24th. Tickets are available through the Jaycees or Parks and Recreation Department. July 10, 1989 meeting - continued With no further business, meeting adjourned at 8:53 p.m. WARD 7 - VACANT July 17, 1989 The regular scheduled meeting of Mayor and Council was held July 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. Also present was City Attorney Charles E. Camp, City Clerk Melinda Dameron, Library Director Laurel Best, City Engineer Mike Hutchinson, Finance Director Emory McHugh, Parks Director Sherry Reavis, Communications Director Steve Ciaccio, Personnel Director Jane Sargent, Acting Police Chief Kent Sims, Fire Chief Larry Williams, Public Works Director Vic Broyles and representatives of the press. Invocation was given by City Solicitor Mike Whaley followed by the pledge to the flag. CITIZENS INPUT• Nothing to report. CERTIFICATION OF SPECIAL ELECTION: Election Superintendent Linda Smith read the results of the special election held July 11, 1989 to fill the unexpired term of Bob Betenbaugh, with John Steely receiving a majority of the votes cast. Jack Shinall made a motion the election results be certified. Jim Hawkins seconded the motion which carried 6-0. The oath of office was given to Mr. Steely by State Court Judge Ken Nix. APPEAL OF RECORDERS COURT - MELVIN C. MC CLELLION, JR. Mr. McClellion was not present and Jim Hawkins made a motion the appeal be dismissed for failure to appear. Jack Shinall seconded the motion which carried 7-0. PUBLIC HEARINGS: (A) Variance - number of storage buildings at 3784 Plumcrest Road Mayor Bacon said a letter had been received from Mr. E. Glenn Beavers requesting that his variance request to allow 2 storage buildings on his property at 3784 Plumcrest Road be withdrawn and that he would comply with the City ordinance within 30 days. John Steely said Mr. Beavers had agreed to comply with the ordinance within 30 days by either removing the smaller storage building on his property or attaching it to the new structure. John Steely made a motion the variance be withdrawn, without prejudice. Jim Hakwins seconded the motion which carried 7-0. (B) Variance - additional sign for Exxon, 1420 Spring Street. Wade Lnenicka said he had met with the applicant last Friday, and they are requesting a postponement of the variance to the next meeting. Wade Lnenicka made a motion the variance be tabled to the August 7, 1989 meeting. Bill Scoggins seconded the motion which carried 7-0.