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01-19-1993 Regular MeetingJanuary 19, 1993 The regular scheduled meeting of Mayor and Council was held January 19, 1993 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 Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Parks Superintendent Michael Justus, Library Director Laurel Best, Police Chief Stan Hook, Accounting Supervisor Claudia Edgar, Communications Director Steve Ciaccio, Public Works Director Vic Broyles, Community Relations Director Kathy Barton, Fire Chief Larry Williams, City Engineer Ken Hildebrandt, Personnel Director Mary Ann White and representatives of the press. Invocation was given by Pastor York Chambless, followed by the pledge to the flag. CITIZENS INPUT: John Teasley and Karen Tarlato with BFI reported on the city-wide recycling program. After 6 months the program continues to be very successful, with an average 67% participation rate and a tonnage rate of 200,000 pounds or more per month. These figures surpass any others in the county. Chuck Madison represented a group of residents in the Alpine Drive concerning the proposed development of 9.1 acres on South Cobb Drive at Alpine, by Post Properties. Mr. Madison stated that Post Properties now wanted to vary from their original agreement at the time the property was zoned in 1987 from an all adult community to two, three and even four bedroom units with some designated as low income housing. They requested council representation at a scheduled meeting January 21 at 7:30 p.m. Jim Hawkins said he had planned to attend the meeting with Barry Teague and residents in the area and made a motion the council chambers be reserved for the evening of January 21. Wade Lnenicka seconded the motion which carried 7-0. Reverend Joe Brice stated he had recently left the ministry after 7 1/2 years to devote his time to organize "Neighborhood Cobb", an organization intended to provide the resources to rebuild Cobb neighborhoods through some of the existing programs such as Hands, Feet and Mouth in Rose Garden Hills. Reverend Brice said he needed a liaison from the City, either a staff member or elected official. Mayor Bacon asked Reverend Brice to leave his telephone number so that he could be reached. PUBLIC HEARINGS: (A) Variance request - 711 Inglewood Drive - reduce side and rear yard setback and exceed maximum size of accessory structure Bob Thomson stated that Jay Alan Spivey is requesting this variance to reduce the side yard from 10 to 1 foot, the rear yard from 5 to 1 foot and also to be allowed to exceed the maximum size of an accessory structure. Plans are to tear down two existing small sheds and replace with one large shed which would be greater than 25% of the square footage of the home. There was no opposition. Mr. Spivey said they need the room for additional storage and parking for vehicles. The neighbors do not object and letters have been obtained from those affected. Councilman Jack Cramer presented pictures of the proposed structure and made a motion the variances be approved as requested. Wade Lnenicka seconded the motion which carried 7-0. (B) Business license request - All American Yellow Cabs Bob Thomson stated this application was tabled at the last meeting and Mr. David Weldon is here tonight as owner of All American Yellow Cabs at 1806 Atlanta Road. The police investigation of Mr. Weldon revealed nothing that would prohibit him from holding the January 19, 1993 meeting - continued license and there was no opposition. Councilman Pete Wood said this application was tabled because there were several concerns about certain employees that council understood may be working there. Mr. Weldon had advised council then that Mr. Owens was not an employee of the company and he had no plans to hire him. Subsequently in a letter dated January 6th, Mr. Weldon confirmed that Mr. Owens would not be employed and the company would be operated as a sole proprietorship and all drivers required to meet the individual requirements of the City. Mr. Weldon stated that all of these facts were correct. Councilman Scoggins asked Mr. Camp if council could, in fact, tell Mr. Weldon that he could not hire a certain person to work for his company. Mr. Camp said if that person does not meet the criteria established for employment there, then they could. Councilman Wood asked Mr. Weldon if he would be willing to agree that all future employees, other than drivers, would also be certified by the City. Mr. Weldon stated that he would, and had no intentions of employing Mr. Owens now or in the future. Councilman Wood made a motion the license be granted to All American Yellow Cab with Mr. Weldon as sole owner. Ron Newcomb seconded the motion. Councilman Scoggins said he had seen other taxis parked in the city that probably are not permitted, and asked Chief Hook to check into other companies and be sure that they are complying. Vote on the motion to approve the license carried 7-0. (C) Variance request - 5020 Hickory Mill Drive Bob Thomson stated that Estelle Smith is requesting this variance from the ordinance to use the home under construction as a double housekeeping unit. On November 17, 1992, Mrs. Smith was notified of ordinance violations found in the construction and intended use of the home. Additional notification and a stop work order was issued on December 20, 1992 ,due to the lack of response to previous requests. There were several in, opposition and two persons were sworn in along with Mrs.Smith. Mrs. Smith said she is building a single family home but the house is designed to allow her to keep her Downs Syndrome daughter and also provide living space for her married daughter, son in law and child. They wanted to have a second kitchen if possible but they have no intention of having a duplex or anything that would be in violation of the city code. Mrs. Smith said if it would be possible to allow her to do that, she would sign anything necessary stating that if they ever moved or sold they would change the plans back and remodel the second kitchen back to a formal dining room. They are putting a lot of money into the home and do not want to do anything to devalue the neighborhood. Councilman Wood stated there is a series of letters dating back to November 17, 1992 between the builder and our building inspector and a final letter to Mrs. Smith making her aware of the code violations and notifying her of her right to appeal, or apply for a land use permit. Mr. Wood asked Mrs. Smith if she was aware of the protective covenants applicable to Hickory Mills Subdivision for Lots 1 through 20 inclusive and Mrs. Smith replied that she was not. Mr. Wood said there are a number of restrictions in the covenants which have been filed with the Clerk of Superior Court. Also, minutes of City council meetings reflect that the covenants were presented to Mayor and Council along with the zoning and annexation package of the Hickory Mill Subdivision. Part of the covenants requires that no buildings be constructed on any lot until the plans and specifications have been approved by the Architectural Control Committee. The committee consists of Wit B. Carson and Sharon W. Carson and all plans must be approved in writing by them prior to construction. Mrs. Smith said she was not aware of those conditions and her plans had not been submitted to January 19, 1993 meeting - continued the committee.. She purchased the land from Mrs. Carson in August 1992 and was not notified by the Carsons or the closing attorney of the covenants. Mrs.Smith said.she was told by her builder, however, that she may have some problems with the City in getting her plans approved. Councilman Wood said he was empathetic with Mrs. Smith and her desire to keep her family together but this area is designed for single family residences and certainly a single housekeeping unit and not a duplex -type arrangement. For council to act on a request for a variance as stipulated in the request for a double housekeeping unit is premature at this time because obviously, according to Mrs. Smith's statements, she has not complied with the protective covenants that apply to Hickory Mills Subdivision. Mr. Wood made a motion that the request for a variance be terminated and that Mrs. Smith be refunded her fee for a variance. Mr. Wood also suggested that she comply with the architectural control requirements and if the house is constructed in accordance with the building code. of the City, a variance will not be needed. Jim Hawkins asked Mrs.Smith what arrangements she would make for her daughter if the variance is not approved. Mrs. Smith said she would work with it and would comply with whatever she was required to do. Jim Brooks of 4935 Hickory Mill Drive said he was opposed to the variance because the structure does not meet the definition of a single family home by the city code. They do not want a duplex in a single family zoned area -and while they have no problems with this family moving into the neighborhood, was concerned that this home could, now or later, be changed into a duplex or even a quadraplex which would be possible from the current floor plan. Councilman Newcomb said the problem seems to be with the definition of single family and while. this structure is separated by one wall, it appears to him that it is one family, living under one roof, as defined in the code. Mr. Brooks said his opinion was based on design of the structure and felt this would be considered a duplex. Mr. Brooks said his plans were also approved by Mr. Carson prior to construction of his home. Following a question from Councilman Lnenicka, Mr. Brooks said his concerns would be addressed if council could assure him that this structure would never, at any time, be used for a duplex or anything other than a single family dwelling. Mitch Greeson of 4840 Hickory Mill Drive also said he had no problems with the exterior appearance and while he welcomed this family to the neighborhood, was also concerned that in the future it could be converted to a duplex. Mr. Greeson also said that his plans were approved by Mr. Carson prior to construction. Also, his concerns were the same as Mr. Brooks' and wanted assurance that the house could never be converted to anything other than a single family dwelling. Councilman Wood restated his motion that the variance is premature at this time because the requirements of the protective covenant have not been met, that the variance be terminated and her filing fee be refunded. Jim Hawkins seconded the motion. Councilman Ron Newcomb said he commended Mr. Wood on the research he has done but in the last year, council has never denied a variance request of any type. In this particular case we are not talking about setbacks, buffers or signs, but this is a pro -family issue from an applicant who does not wish to turn the care of her child over to others. Mr. Newcomb said he thought that everyone here felt that in their heart, and felt there must be another solution. Mr. Newcomb made an amendment to the motion based on Mrs. Smith's earlier statement that she was making an appeal from the building inspectors decision that found that this does not meet some definitions in the code. Mr. Newcomb said that the motion that January 19, 1993 meeting - continued he proposed was that the building plan and occupancy plans, as long as this building is occupied by Mrs. Smith and her family, be found to be in compliance with the definition of a single family dwelling as found in section 402.21, 402.24 and 402.25. Mr. Newcomb said he believed this is a single family as defined by those code sections. John Patrick seconded the motion. Jim Hawkins said the amendment, in affect, defeats the original motion and felt it was out of order. Attorney Camp agreed and Councilman Newcomb suggested that his motion be presented as a substitute to the original motion rather than an, amendment. After further discussion the motion and second to the substitute motion was withdrawn. Vote on the original motion carried 4-3 with Wade Lnenicka, John Patrick and Ron Newcomb opposed. (D) Annexation - 608 Concord Road Bob Thomson stated that Mr. John Dickson is requesting the annexation of this business location leased to Shape, Wrap and Roll Hair Salon. There was no opposition. Councilman Pete Wood made a motion the property, located in Land Lot 381, be annexed into the City and made a part of Ward 7 with an effective date of March 31, 1993 pursuant to State law. Bill Scoggins seconded the motion which carried 7-0. (E) Annexation - Loehmann's Plaza Shopping Center Bob Thomson stated that Mr. Charles Lotz, General Partner of Promenade Associates, Ltd. has requested annexation of this property containing 11.31 acres. There was no opposition. Councilman John Patrick made a motion the property, located in Land Lot 849 be annexed into the City and made a part of Ward 1, with an effective date of March 31, 1993. Jim Hawkins seconded the motion which carried 6-1 with Wade Lnenicka opposed. FORMAL BUSINESS: Nothing to report. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to report. CONSENT AGENDA: (A) Approval of January 4, 1993 minutes (B) Approval to request bids - van for Parks and Recreation Department Jim Hawkins made a motion the consent agenda be approved. Pete Wood seconded the motion which carried 7-0. COMMITTEE REPORTS: Councilman John Patrick called on Laurel Best for a report from the Library. Councilman Ron Newcomb called on Personnel Director Mary Ann White for a report. Mrs. White stated she is working on a new personnel policy manual and also is investigating the possibility of a telephone job hotline to handle position notifications. Councilman Newcomb said he was impressed with the progress they had made at their first committee meeting last week and there are number of projects of major importance that are coming up. Councilman Newcomb also called on Ken Hildebrandt for a report from Community Development. Mr. Hildebrandt said they would be doing some repair work on Highlands Parkway next week with actual resurfacing taking place sometime in March. January 19, 1993 meeting - continued Councilman Lnenicka asked Mr. Hildebrandt how the City could ensure that Mrs. Smith's home in Hickory Mill would not be used for a duplex. Mt. Hildebrandt said that the plans would first have to be approved by the Architectural Control Committee of the subdivision but if they continue in the same direction they will eventually have to come back to council at a future date for a variance. Following the issuance 'of the certificate of occupancy, his department could act only on complaints regarding the use of the structure. Mr.Camp said the inspectors could not gain entry of a home for zoning violations; only for public safety reasons. Public Works Director Vic Broyles, Fire Chief Larry Williams, Police Chief Stan Hook and Parks Superintendent Michael Justus were also called on for reports from their departments. Chief Hook said he had spent several hours on Sunday night at Sparkles Roller Rink in response to complaints received. The crowd was very orderly and there were no problems while he was there and the noise was not excessive. Councilman Wade Lnenicka said he appreciated the participation in the recycling program and urged everyone to continue. Mr. Lnenicka said he was pleased to see Reverend Joe Brice involved in the community and wished him.luck in his efforts. Councilman Pete Wood said we have a new Finance Director who will begin work on February 8, 1993. Mr. Wood said he appreciated the dedicated employees in that department who have maintained a smooth operation during this interim time period. With no further business meeting adjourned at 9:27 p.m. A. MAX BACON, MAYOR n �) _ , PATRICK,,WARD 1 r 'BILL 9COGGIPS14ARD 3 CK C MER, WARD 5 CHARLES PETE WOOD, WARD 7 �MELINNDA DAMERON, CITY CLERK