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02-20-1995 Regular MeetingFebruary 20, 1995 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present except Jack Cramer who had a prior work commitment. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Budget Analyst Mike Hickenbottom, Assistant Public Works Director Ray Curtis, Police Chief Stan Hook, Library Director Laurel Best, Doug Cook and Lee Cook from the Parks and Recreation Department, Community Relations Director Kathie Barton, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. Invocation was given by Reverend Mike Lanham, of Smyrna Assembly of God, followed by the pledge to the flag. CITIZENS INPUT: Nothing to report. PUBLIC HEARINGS: Mayor Bacon stated that before the Public Hearings portion of the meeting begins, there are two items that have been asked to be removed from the agenda. He further stated Item 3-C - Rezoning Request for 1766, 1776 and 1796 Spring Road, G.C. to O.D. and also a variance request (Item 3-D) for that same location are two of the items that have been asked to be removed and called on Council Bill Scoggins for a report on those items. Councilman Scoggins stated the city had received a request this afternoon from R. R. Berry, Foundation Development Corporation, for this property. He then stated the letter stated that the letter was addressed to the Mayor and Council and requested the zoning and variance applications for the property fronting on 1766, 1776 and 1796 Spring Road (owned by estate of Eva Cleo Holcomb) for the above applications be withdrawn without prejudice due to public opposition. Mayor Bacon then asked if there was anyone present who wanted to speak about this matter. There was none. On the advice of the City Attorney, Councilman Scoggins then stated this rezoning and variance request can not be considered by the Mayor and Council for one year since the letter was not received until this afternoon and it is withdrawn with prejudice. Councilman Scoggins made a motion the rezoning and variance request for 1766, 1776 and 1796 Spring Road be withdrawn with prejudice. Councilman Newcomb seconded the motion. Councilman Hawkins stated this action is the same as a denial and can not be brought back before council for a year. Councilman Lnenicka stated he wanted to go on record as saying he would have been opposed to the rezoning based on information he had on the item. Motion was approved 6-0. City Attorney Charles E. Camp stated no action would be needed on the variance request for 1766, 1776 and 1796 Spring Road as the motion for withdrawal included both the rezoning and variance request. (A) Variance Request - 1880 Tecumseh Trail - Reduce Front Yard Setback from 40 feet to 28 Feet Mr. Thomson stated Mr. McCarthy, the applicant, states in his letter that he wants to enlarge his carport to a 14' by 20' size. He further stated he will need to encroach 12 feet into the front yard setback because of the Colonial pipe line easement on the east side of his property. He also stated he has letters from the neighbors to the east and west stating they have no objection to the carport. Mayor Bacon asked if Mr. McCarthy was present and asked him to come forward. He then asked if anyone was present in opposition to the variance request. There was none. Councilman Lnenicka asked Mr. McCarthy to explain to the Mayor and Council what he wants to do and why. Mr. McCarthy stated he wants to build a carport on the side of his house but because of the Colonial pipe line easement, which is within 10' of the back side of his house and 18' on the front side, he would have to have this variance. Mr. Lnenicka then asked if the easement runs diagonally across that corner of his property. Mr. McCarthy responded yes. Mr. Lnenicka stated if he built the carport even with the house, it would be on the easement, so the carport would have to be moved forward on February 20,1995 meeting - continued the house. Colonial Pipeline has advised that Mr. McCarthy can not build on the easement. Mr. Lnenicka stated he thought it was worth noting that his neighbors have attached letters stating that they have no opposition to this. Councilman Lnenicka stated he felt Mr. McCarthy is planning to improve his property and the granting of this variance has no hardship upon any adjacent neighbors. Mr. Lnenicka made a motion that the variance request at 1880 Tecumseh Trail to reduce the front yard setback from 40 feet to 28 feet be approved. Councilman Newcomb seconded the motion. Motion was approved 6-0. (B) Variance Request - 454 Smyrna Powder Springs Road - To Build An Accessory Structure on a Lot without a Principal Building Mr. Thomson stated Mr. Harris wants to build a storage building and has letters from two of his neighbors that they have no objection to the building of this storage building. Mayor Bacon asked Mr. Harris to come forward and stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Hawkins asked Mr. Harris if he owns two lots and Mr. Harris responded he does. Mr. Harris stated when he first moved to the property there was a 12' x 16' storage building there and he had it removed because it was rotten and unusable. He then asked if he had left the old building there, would a variance would be needed. Mr. Hawkins stated if there was a primary structure on the lot and he built this building to the dimensions he mentioned and stayed off all the setbacks, front and rear, he would not have been required to obtain a variance. He then stated if the primary structure was falling in he could have been required to bring that building up to code. Mr. Hawkins made a motion the variance request for 454 Smyrna Powder Springs Road to build an accessory structure on a lot without a principal building be approved. Councilman Lnenicka seconded the motion. Motion was approved 6-0. (C) Rezoning Request for 1766, 1776 and 1796 Spring Road from G.C. (General Commercial) to O.D. (Office Distribution) This request was withdrawn at request of applicant R. R. Berry. (D) Variance Requests - 1766, 1776 & 1796 Spring Road - Reduce Front Yard Setback from 75 Feet to 50 Feet This request was withdrawn at request of applicant, R. R. Berry. (E) Rezoning Request - 2480 and 2490 Ventura Place from G.C. (General Commercial) to L.I. (Light Industrial) Mayor Bacon stated Items 3-E and 3-F have been withdrawn without prejudice and asked if a motion was necessary. Mr. Camp stated a motion was needed. Councilman Lnenicka made a motion that Items 3-E and 3-F (Rezoning request 2480 and 2490 Ventura Place from GC to LI, and the variance request for 2480 and 2490 Ventura Place to reduce the minimum lot size) be withdrawn without prejudice. Mr. Lnenicka read the letter of request from Mr. Philip Howard. Councilman Hawkins seconded the motion. Motion was approved 6-0. (F) Variance Request - 2480 and 2490 Ventura Place - Reduce Minimum Lot Size in L.I. Zoning from 40,000 Square Feet to 37,735 Square Feet Withdrawn at request of applicant, Philip Howard. (G) Rezoning Request - 12.235 Acres (West Side of Gann Road) from R-20 to RAD- Conditional, Single -Family Residential Mayor Bacon stated this issue was tabled from the last council meeting and asked if there was anyone present in opposition to the rezoning request. There was some opposition and Debbie Hudson and Ms. Elizabeth Berry came forward and were sworn in. Councilman Wood stated last July the Reed family brought an application to the city to rezone the February 20,1995 meeting - continued property on Gann Road from R-20 to RAD Conditional. Prior to the meeting of mayor and council, they split that request and asked for the property on the east side of Gann Road to be zoned only at that time due to a number of reasons. He further stated they came before the Planning and Zoning Board on January 3, 1995, and requested the rezoning of the property (from R-20 to RAD Conditional) for the west side of Gann Road. He then stated at the February 6, 1995, meeting of mayor and council it was pointed out that the notices for the rezoning request had been improperly posted (on the east side of Gann Road instead of west side) and therefore since the rezoning request did not meet the criteria of proper notice, this hearing was tabled for two weeks to allow for proper posting and advertisement on the correct location of the rezoning request. Mr. Wood stated the rezoning request was approved by the Planning and Zoning Board with the exact stipulations that were applied to the east side property zoning in July of 1994 (listed below): 1. Minimum lot size will be 8,500 square feet. 2. Front yard setback of 35 feet along Gann Road; all others 15 feet. 3. Side yard setback 5 feet with a minimum of 15 feet between houses. 4. Rear yard setback 20 feet as shown on plan dated 06/03/94 and revised 06/29/94. 5. Minimum road frontage 85 feet except on the cul de sacs where there will be a 35 foot front minimum. 6. Minimum lot width at building setback line 70 feet. 7. The homes on Gann Road will have 2,000 square feet of heated floor space and 1,750 square feet minimum on the balance of the lots in the subdivision. This does not include the basement per Section 402, page 1217, paragraph 402.7 of the City Zoning Ordinance. 8. Lots will be developed in accordance with preliminary plans prepared by Franzman/Davis Associates dated June 3, 1994, and revised June 20, 1994 and July 15, 1994. 9. Covenants of this subdivision will include a mandatory homeowners association and architectural review committee. Councilman Wood stated these are the stipulations and conditions the Planning and Zoning Board approved for the property on the west side of Gann Road. Mayor Bacon recognized Elizabeth Berry, Green Forest Parkway, who stated she thought this was residential zoning and understood it was being changed so it could be condominiums or whatever. Mayor Bacon and Mr. Wood both responded that was incorrect, the property was being rezoned for single- family, owner -occupied residential purposes. Ms. Berry then stated she had no objection. Councilman Lnenicka then asked when construction would begin on the west side of Gann Road. Debbie stated she did not have a construction date yet. Councilman Wood made a motion the rezoning request for 12.235 acres (west side of Gann Road) from R-20 to RAD Conditional, single-family residential be approved with the above listed nine stipulations. Councilman Lnenicka seconded the motion. Motion was approved 6-0. FORMAL BUSINESS: (A) Extension of BFI Contract Mr. Thomson stated the current contract with BFI is up for extension June 30, 1995. He stated the Public Works Committee and the Smyrna Clean and Beautiful Committee is recommending renegotiating an additional three-year term with the following stipulations: 1. No increase in households billed, in spite of an increase in households served, until start of new contract year, July 1, 1995. 2. BFI will share 50% of all profits from recyclable sales with the city. Councilman Scoggins made a motion that the BFI contract be renegotiated with the above stipulations for a three year term. Councilman Wood seconded the motion. Motion was approved 6-0. COMMERCIAL BUILDING PERMITS: There were none. February 20,1995 meeting - continued BID AWARDS: (A) Tolleson Pool Mechanical Room Renovation Councilman Scoggins made a motion that the Tolleson Pool mechanical room renovation bid be awarded to Multitech, the low bidder, with the funds coming from the Contingency Fund. Councilman Newcomb seconded the motion. Motion was approved 6-0. CONSENT AGENDA: (A) Approval of February 6, 1995, Minutes (B) Temporary Road Closure - Old Concord Road North of Windy Hill (Jones Shaw) Road from February 25, 1995, through March 25, 1995 (C) Approval to use Council Chambers March 7, 1995, for Cluttered Carport Review Committee Meeting (7:00 p.m. - 9:00 p.m.) (D) Approval to Advertise Charter Amendments (E) Approval to Transfer CDBG Funds from Pinedale Drive/Bates Street Projects (93CDM103; 94CDM094; 94CDM084) to Cobb and Jonquil Parks Councilman Hawkins stated the improvements for Pinedale Drive and Bates Street will still be done with the 1% sales tax money. Councilman Lnenicka stated that Item 7-D, the Charter amendments, is not being approved tonight -- just the approval to advertise the Charter amendments. He then stated that Section 6B, Salaries of the Councilmen and Mayor of the City of Smyrna and certain other employees of the city, is one section that will be deleted and a new one inserted which will authorize the raising of salaries of the Mayor/Councilmen by $50 per month each year beginning with the next council term. He then stated this council can not increase its own salary and this Charter amendment would not do that. He further stated the council that is elected in November and will take office in January, 1996, would receive $50 more per month than the current council and then each succeeding January will receive a $50 increase per month raise. Councilman Scoggins made a motion the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 6-0. COMMITTEE REPORTS_ Councilman Patrick stated Troop 187 of the Boy Scouts were here at the beginning of the meeting but did not stay for the meeting. He just wanted to recognize their attendance. Ms. Best, Library Director, thanked everyone for attending the February 17, 1995, Mystery Dinner Theater production at the Community Center (sponsored by the Friends of the Smyrna Library). Ms. Best then reminded everyone the art display for this month is by Councilman John Patrick and urged everyone to come and view them. Councilman Newcomb asked Mary Ann White, Human Resources Department, for a report. Ms. White stated there is an opening for a Detention Officer in the Police Department, and Heavy Equipment Operator in the Water and Sewer Department with a closing date of February 27, 1995. Ms. White said the city is also looking for seasonal employees (lifeguard). Councilman Scoggins asked Kathie Barton, Community Relations Director, for a report. Ms. Barton reported the city newsletter has been mailed and she has received several calls regarding the information contained therein. Ms. Barton reported for Ann Kirk, Smyrna Clean and Beautiful Coordinator. She announced the Smyrna Clean and Beautiful Banquet will be March 8, 1995, at the Community Center. Councilman Hawkins asked Chief Larry Williams, Fire Department. Mr. Hawkins then stated beginning today through Friday is "Severe Weather Awareness Week" in Georgia and then read a proclamation for that event. Chief Williams stated today is "Family Awareness Day" and Smyrna citizens had been asked to sit down with their families and discuss what they would do if a disaster occurred. He then stated Wednesday there would be a state-wide tornado warning drill. February 20,1995 meeting - continued Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook reported there were a couple of good arrests made over the weekend of suspects who were purchasing merchandise with fraudulent checks. The suspects were apprehended at Best Buy on Cobb Parkway. He also stated there were several other burglary arrests made over the weekend. Chief Hook recognized members of an Explorer's troop who were at the meeting and urged anyone interested in joining the troop to contact Brenda Ellis, at the Police Department. Councilman Lnenicka asked for assistance in cleaning off the sidewalk along Atlanta Road. He stated there is a good bit of mud on the sidewalk and asked either the Public Works Department or the Community Service Workers to take care of it or to ask Cobb County D.O.T. for their help in cleaning up the area. Councilman Wood mentioned the road work that is ongoing on Concord Road. Mr. Wood stated the road work is in preparation of a left -turn lane onto North Cooper Lake Road. With no further business, the meeting adjourned at 8:25 p.m. A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK MW 1f,1['M0HNPATR:ICi�, BILL SCOGGINS, D 3 JACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 Ls', �t1-iC RON NEWCOMB, WARD 2 ;7 IV. D /WADE S. LNENICKk, WARD 6 I/