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04-06-1998 Regular MeetingApril 6, 1998 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. Also present was City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Reverend Mike Britt, Norton Park Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Representative Randy Sauder who provided an update to the city on events of the legislative session. PUBLIC HEARINGS: (A) Alcoholic Beverage License Request - Agent Change - AFA Enterprises, Inc., d/b/a Cumberland Amoco - 2535 Cobb Parkway - Retail Package Beer Ms. Dameron stated Mr. Sam Awaise has applied to be the agent for AFA Enterprises, Inc., d/b/a Cumberland Amoco. Ms. Dameron further stated this item was tabled from the March 16, 1998, meeting due to Mr. Awaise having been out of town. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this agent change request. There was none. Councilwoman Capilouto asked Mr. Awaise to come forward. Ms. Capilouto asked Mr. Awaise if he had held an alcoholic license before and he responded he had and further stated those locations were in Lawrenceville and Sugar Hill. Ms. Capilouto asked Mr. Awaise if the business license officer had given him a copy of the alcoholic beverage license and had reviewed it with him. Mr. Awaise responded yes. Councilman Lnenicka asked Mr. Awaise why no one from his company had attended a city -sponsored seminar for persons selling alcoholic beverages. Mr. Awaise responded that when his company was involved in a sting operation they learned their lesson. Mr. Lnenicka commended Captain Brack for the seminar and stated it was a very informative session. Councilwoman Capilouto asked Mr. Lnenicka to review the possibility of making attendance at the seminar mandatory for all alcoholic beverage license holders. Councilwoman Capilouto stated for the record that the Police Department investigation revealed nothing that would preclude the issuance of the license to Mr. Awaise. Councilwoman Capilouto made a motion that the alcoholic beverage license for retail sales of package beer with Mr. Sam Awaise as the agent at Cumberland Amoco - 2535 Cobb Parkway - be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Variance Request - 3231 South Cobb Drive - Increase the Building Sign from 40 square Feet to 120 Square Feet Ms. Dameron stated this item was tabled from the March 16, 1998, meeting in order to allow the Community Development Committee sufficient time to review the recently adopted South Cobb Drive Overlay District and how it relates to building signage. Mayor Bacon 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 the applicant, Mr. Michael Grossman, to come forward. Councilman Hawkins stated the size of the sign being requested is actually larger than what would be allowed in Cobb County. He stated the largest sign allowed in the county is 60 square feet and asked Mr. Grossman if that size sign was approved, would that be sufficient. Mr. Grossman asked if the item could be tabled for two weeks or until the next council meeting so that he could take this proposed size back to his superiors for their approval. Councilman Hawkins made a motion that the variance request at 3231 South Cobb Drive to increase the building sign size from 40 square feet to 120 square feet be tabled until April 20, 1998. Councilman Scoggins seconded the motion. Motion was approved 7-0. (C) Variance Request - 4585 South Cobb Drive - Reduce Side Yard Setback from 50 Feet to 10 Feet Ms. Dameron stated this item was tabled from the March 16, 1998, meeting and indicated a letter from the applicant requesting this item be withdrawn was received April 2, 1998. Mayor Bacon stated this is April 6, 1998, council meeting - continued a public hearing and asked if anyone was present to address this issue. No one was present. Councilman Lnenicka stated the applicant, Mr. Morris Piha, had worked with the city and the residents on development of this property and through these efforts has been able to place the building on the lot without requiring any variances. Councilman Lnenicka made a motion that the variance request at 4585 South Cobb Drive to reduce the side yard setback from 50 feet to 10 feet be withdrawn without prejudice. Councilman Wood seconded the motion. Motion was approved 7-0. (D) Zoning Request - Amend RAD Conditional Zoning At Church Street Ms. Dameron stated the applicant has requested an amendment to the RAD Conditional zoning at Church Street. Ms. Dameron stated the applicant, Rose Homes, Inc., has rearranged the streets to improve the layout of the sub -division and provide a safer means of egress/ingress from Church Road. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the proposed amendment to the zoning. Ms. Sandra McQueen was present in opposition and Mayor Bacon asked City Attorney Chuck Camp to administer the oath to Ms. McQueen and Nick Williams, who was present representing Sam Leveto. Councilman Hawkins asked Mr. Williams to briefly describe why the amendment to the RAD Conditional zoning was necessary. Mr. Williams explained they had determined the proposed location of the entrance/exit to the subdivision presented a sight distance problem and created a possible safety hazard. Mr. Williams stated they are proposing to change the location of the entrance/exit to the subdivision and by doing so, would improve sight distance and reduce any safety concerns for residents entering or exiting the subdivision. Mayor Bacon recognized Sandra McQueen. Ms. McQueen stated she was concerned about the proposed location of the entrance/exit would create sight problems for herself and three other residents on Church Street. Mr. Williams indicated on the plat where the proposed driveway would be and assured Ms. McQueen this location would be less of a safety hazard than the previously planned entrance way. Councilman Hawkins asked Mr. Williams to be sure and coordinate the location of the driveway, signage and shrubbery with the City Engineer and Mr. Williams responded he would do so. Councilman Hawkins made a motion that the RAD Conditional zoning at Church Street be amended to reflect the new location of the entrance/exit. Mr. Hawkins reminded Mr. Williams that all previous stipulations for the RAD Conditional zoning on this property are still in effect. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (E) Variance Request - 1955 Lochlomand Lane - Reduce Side Yard Setback from 10 Feet to 7 Feet Ms. Dameron stated the applicant, Mr. and Mrs. Kent Gruenewald have applied for the variance in order to build an attached two -car garage on their property. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of the variance request. There was no opposition. Councilman Newcomb asked Mr. Frank Rupp, representing Mr. and Mrs. Gruenewald, to briefly explain why the variance is necessary. Mr. Rupp responded the home was built in 1959 and did not have an existing garage. Mr. Rupp stated the Gruenewald's need the garage to provide sheltered parking, vehicle maintenance, safety from vandalism and safe access to and from their home. He further stated the adjoining neighbors have been notified of the variance request. Councilman Newcomb stated the adjoining neighbors did not indicate any opposition to the granting of this variance request. Councilman Newcomb made a motion the variance request at 1955 Lochlomand Lane to reduce the side yard setback from 10 feet to 3 feet be approved.. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Annexation of Property - 613 Concord Road - Land Lot 381, 17' District, 2' Section, Cobb County, Georgia Ms. Dameron stated Mr. Andrew W. Hudgens, 613 Concord Road, requested annexation of his property. Ms. Dameron further stated the petition to annex the property was validated at the March 2, 1998, meeting and all legal advertisements have been made. i April 6, 1998, council meeting - continued Councilman Hawkins made a motion to approve the annexation of the property at 613 Concord Road to become a part of Ward 4 effective May 1, 1998. Councilman Cramer seconded the motion. Motion was approved 7-0. (G) Annexation of Property - 3574 Hickory Circle - Land Lot 554, 17' District, 2' Section, Cobb County, Georgia Ms. Dameron stated Mr. Walter D. Lee, 3574 Hickory, Circle, requested annexation of his property. Ms. Dameron further stated the petition to annex the property was validated at the March 2, 1998, meeting and all legal advertisements have been made. Councilman Lnenicka made a motion to approve the annexation of the property at 3574 Hickory Circle to become a part of Ward 6 effective May 1, 1998. Councilman Wood seconded the motion. Motion was approved 7-0. (H) Variance Request - 2964 South Cobb Drive - Allow Two Lots to be Used to Meet One -acre Lot Requirement for Auto Sales Ms. Dameron stated the applicant, Auto Expo Corporation, has requested the variance in order to meet the one -acre lot size requirement for auto sales. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Mayor Bacon recognized Mr. Wendell Willard, attorney for Auto Expo. Mr. Willard stated his applicant leased the property for the purpose of having an auto sales business but was unaware of the city's lot size requirement. Mr. Willard further stated his client has arranged to lease another tract of land adjoining the smaller lot, which will enable him to meet the city's one -acre lot size requirement. Councilman Cramer made a motion to deny the variance request at 2964 South Cobb Drive to allow two lots to be used to meet the one -acre lot size requirement for auto sales. Councilman Newcomb seconded the motion. Motion to deny was approved 7-0. FORMAL BUSINESS: (A) Authorize Mayor to Sign Reimbursement Resolutions of the City of Smyrna Downtown Development Authority and the City of Smyrna Councilman Lnenicka stated the city plans to build a new fire station without the sale of bonds and the authorization for the Mayor to sign the reimbursement resolutions is similar to buying insurance. Mr. Lnenicka stated the first resolution of the Authority is to authorize the subsequent issue of bonds to reimburse the city for funds advanced for the new fire station. He then stated the second resolution of the Mayor and Council authorizing the advancement of $3,000,000 to the Authority is to enable them to complete the project with the expectation that the city will be reimbursed from the proceeds derived from a bond issue of the Authority. Mr. Lnenicka stated these resolutions do not compel the issuance of bonds by the Authority, but put the Authority and the City in the position of taking advantage of a bond issuance at a later date if they so desire to do so. Councilman Lnenicka made a motion to authorize the Mayor to sign reimbursement resolutions of the City of Smyrna Downtown Development Authority and the City of Smyrna. Councilman Newcomb seconded the motion. Motion was approved 7-0. (B) Approval to Rescind Stipulation on Concord Road Property Ms. Dameron stated at the stipulations on the Concord Road Property (Pulte Homes) were approved at the January 5, 1998,'council meeting. Based on the advice of legal counsel, Stipulation 8, relative to the price of homes, should be rescinded. Councilman Wood stated that upon the advice of counsel, stipulation 8 "the price range of these houses will be from the $130,000's to the $200,000's. No more than five percent of the houses will be in the $130,000's" should be rescinded since an elected body can not stipulate prices. Councilman Wood made a motion that Stipulation 8 (Pulte Homes) approved at the January 5, 1998, meeting of council be rescinded. He further stated the other stipulations would remain in effect (see minutes of January 5, 1998, for stipulations). Councilman Cramer seconded the motion. Motion was approved 7-0. April 6, 1998, council meeting - continued (C) Validate Petition to Annex Property - Spring Street, Land Lot 593, 2' Section, Cobb County, Georgia (1.359 Acres) Ms. Dameron stated Mr. Nolan C. Robinson, Sr., has requested annexation of 1.359 acres on Spring Street, just west of the intersection of Spring and Matthews Street. Ms. Dameron further stated this parcel is part of the combined acreage, which was rezoned at the March 16, 1998, meeting for Lifestyle Residential, Inc., to facilitate construction of 37 townhomes. Councilman Scoggins read the legal description as follows: All that tract or parcel of land lying and being in Land Lot 593 of the 17' District, 2' Section, Cobb County Georgia, and being more particularly described as follows: BEGINNING at a point on the south line of Land Lot 593, which point is located 72 2/3 feet west of the southeast corner of Land Lot 593; running thence north 313 1/2 feet; running thence west 202 1/3 feet; running thence south 313 '/2 feet to the south line of Land Lot 593; running thence east along the south line of Land Lot 593 a distance of 202 1/3 feet to the point of beginning, less and except any of the property described herein which lies within the right of way of Spring Street. Councilman Scoggins made a motion that the petition to validate the above -described property on Spring Street be validated and set a public hearing date for May 4, 1998. Councilman Wood seconded the motion. Motion was approved 7-0. (D) Validate Petition to Annex Property - Spring Street and Matthews Street, Land Lot 593, 2' Section, Cobb County, Georgia (.52 Acres) Ms. Dameron stated Mr. Ralph M. Lacy has requested annexation of .52 acres at the northwest corner of Spring and Matthews Street. Ms. Dameron further stated this parcel is part of the combined acreage, which was rezoned at the March 16, 1998, meeting for Lifestyle Residential, Inc. to facilitate construction of 37 townhomes. Councilman Scoggins read the legal description as follows: All that tract or parcel of land lying and being in the 17' District and Second Section of Cobb County, Georgia, and near the town of Smyrna, being a part of the original Land Lot No. 593. BEGINNING at a point on the west side of Matthews Street two -hundred -twenty-five (225) feet north of the southwest corner of Spring Street and Matthews Street; running thence west seventy-two and two-thirds (72-2/3) feet to the Lonnie Robinson property; running thence north along the line of the Robinson property a distance of ninety (90) feet to a stake at the Thompson property; running thence east along the southern line of Thompson property a distance of seventy-two and two-thirds (72-2/3) feet to a stake on the west side of Matthews Street; running thence south along the west side of Matthews Street a distance of ninety (90) feet to an iron stake and the point of beginning. Also, BEGINNING at a point at the southwest corner of Spring Street and Matthews Street and running west a distance of 72+ feet to a point; thence north 204.0' to a point; thence east 72+ to a point on the east right of way line of Matthews Street; thence south a distance of 204+ feet to the southwest corner of Spring Street and Matthews Street and point of BEGINNING. Councilman Scoggins made a motion that the petition to validate the above described property at the northwest corner of Spring Street and Matthews Street be validated and set a public hearing date for May 4, 1998. Councilman Wood seconded the motion. Motion was approved 7-0. (E) Appointment of Downtown Development Authority Members Ms. Dameron stated the one-year terms of the current DDA members expires in April. Mayor Bacon read the names of the existing members and indicated they have all expressed an interest in being re -appointed. Councilman Lnenicka made a motion that the following persons be re -appointed for another one-year term to expire in April, 1999. Hubert Black C. J. Fouts J . ` April 6, 1998, council meeting - continued Jim Pitts Steve Shupert Willouise Spivey Doug Stoner Jimmy Wilson Councilman Cramer seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid Award - HVAC Maintenance Contract Councilman Lnenicka stated bids were solicited from 13 companies for the maintenance of the HVAC systems throughout the city buildings. Mr. Lnenicka reported only six proposals were returned. Councilman Lnenicka made a motion that the bid award for the HVAC Maintenance contract be awarded to Southern Mechanical for $14,595.00/year. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of March 16, 1998, Minutes (B) Approval to Request Bids - Paving, Curbing and Gutter - Cobb Park Playground Parking Lot (C) Approval of Professional Contract - John Moeller - Consolidation of Existing Overlay Districts and Addition to Zoning Ordinance (D) Approval to Use Council Chambers - Wednesday, April 1, 1998, 6:30 - 9:00 p.m. - Meeting of DDA/DDA Task Force and Residents of Village Green (E) Approval to Use Council Chambers - Wednesday, April 15, 1998, 6:30 - 9:00 p.m. for Ward 6 Meeting - Vinings Forest Homeowners Association (F) Approval of Budget Adjustment - From Contingency Fund to community Relations Department (G) Approval to Request Proposals for Comprehensive Actuarial Study of City's Retirement Plan Plus Proposed Changes (H) Approval to Request Bids for Labor, supplies, Equipment and Supervision Necessary to Provide Cleaning Services for City Hall, Library, Public Works, Public Safety and community Development Buildings (I) Approval to Use Council Chambers - April 14, 1998, 6:00 - 9:00 p.m. - CMA Meeting (J) "Approval of Fire Department Promotional Policy Prepared by University of Georgia (K) Approval of Economic Incentive Values - Lifestyle Residential Development - Spring Street (L) Approval of Economic Incentive Values - Pulte Development on Campbell Road (M) Amendment to 1 % Road Tax Budget - Decorative Lighting (N) Approval to Request Bids - Furniture for Court Services Councilman Wood made a motion that Item (J) - "Approval of Fire Department Promotional Policy Prepared by University of Georgia be removed from the Consent Agenda. Councilman Newcomb seconded the motion. Motion was approved 7-0. Councilman Scoggins made a motion the consent agenda, with the removal of Item (J), be approved. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Mayor Bacon announced that former Public Works Director Vic Broyles passed away on March 25, 1998. Mayor Bacon expressed his condolences to the family of Mr. Broyles. Mayor Bacon also announced that Anne Bishop, former member of the Smyrna Clean and Beautiful Commission, passed away March 26, 1998. Mayor Bacon expressed his.condolences to her family. Councilwoman Capilouto and Councilmen Newcomb and Scoggins had nothing to report. Councilman Hawkins expressed his condolences to the family of Mr. Broyles and Ms. Bishop. Councilman Lnenicka expressed his condolences to the family of Mr. Broyles. Mr. Lnenicka then April 6, 1998, council meeting - continued announced that the Alcoholic Beverage Training Seminar was very well conducted and commended the businesses that participated in the session. Councilman Lnenicka announced that Joe Davis, former Purchasing Agent for the City of Smyrna, had resigned and the city is recruiting for that position. Councilman Wood expressed his condolences to the family of Mr. Broyles. Mr. Wood then stated a long- time resident Ms. Ethel Turner recently celebrated her 1001h birthday last week. With no further business, the meeting adjourned at 9:08 p.m. A. MAX BACON, MAYOR CHARLENE CAPILOUTO, WARD I JACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 MELIND DA ERON, CI CLERK RON NEWCOMB, WARD 2 JOES M. HAWKINS, WARD 4 WADE S. LNENICKA, WARD a'o d.