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02-01-1999 Regular MeetingFebruary 1,.1999 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 Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Reverend Matt Fredrick, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon announced there will be a special election on February 23, 1999, for the 6' District congressional seat vacated by Newt Gingrich. Mayor Bacon then asked Jack Cramer to introduce Johnny Isakson, candidate for that position. Mr. Isakson thanked the city for the opportunity to address the public and then asked the citizens for their support at the polls on February 23, 1999. Mayor Bacon informed Mr. Isakson that the next guests, from Lindley Middle School, are here as part of the city's program to support local education. Mayor Bacon explained that during the first council meeting of each month, students from area schools are invited to attend and explain their participation in the "Character Education" program. Mayor Bacon asked Ms. Eve Israel Hiles to come forward. Ms. Hiles introduced Antonio Yarbrough, David Richardson and Patricia Grosse. Ms. Hiles discussed how Lindley Middle School promotes character and the children presented their presentation of the words of the week "acceptance," "cooperation" and "justice and fairness." Mayor Bacon thanked Ms. Hiles and the students for attending the meeting tonight and presented them with gift bags. PUBLIC HEARINGS: (A) Rezoning Request - 3860 South Cobb Drive (1.94 Acres) Rezone Property from O.I. To G.C. Mayor Bacon stated he understood this item will be tabled this evening. Mr. Smith stated the applicant, Wade Ford, is requesting the zoning change for a used car, sales lot. Councilman Wood stated the city has received a letter requesting that the application for rezoning be withdrawn. Mr. Wood stated the letter was received January 29, 1999, prior to 5:00 p.m. He quoted the letter as follows: "On behalf of Wade Ford, we wish to withdraw the zoning application on the above referenced property without prejudice. We appreciate your consideration of this request." Councilman Wood made a motion that the request to withdraw this application without prejudice be approved. Councilman Hawkins seconded the motion. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to make any comments or ask any questions concerning this rezoning request. Mayor Bacon recognized Mr. and Mrs. Ray Loureiro, Jr., 4008 Rhyne Circle and Bruce Rose, 4004 Rhyne Circle. All parties expressed their concern that this property might become a used -car sales lot. Councilman Wood stated that approximately one and one-half acres of that property is zoned O&I and on the corner of South Cobb Drive and King Springs Road is about one-half acre that is zoned G.C. He further stated this request was to rezone all of the property to G.C. Mr. Wood stated that at some future time the rezoning request could be brought back before the Mayor and Council. He stated the current zoning is primarily Office and Institutional which means no retail sales, no parking lots, etc. Mr. Wood stated this item first came before Council January 4, 1999, and was tabled to February 1, 1999, to allow the city to receive input from the residents affected by the proposed rezoning. Motion to approve the withdrawal of the rezoning request, without prejudice, was approved 7- 0. (B) Variance Request - 900 Windy Hill Road - To Have Two Oversized Building Signs Mayor Bacon stated Items (B) and (C) affect" the same property and will be discussed as one item but voted on individually. Mr. Smith stated the applicant, Gordy Tire, is requesting two over -sized building signs - one on Windy Hill Road and one on Ward Street - and the signs would be 52 square feet instead of 40 square feet as allowed in the ordinance. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of these variance requests. There was no opposition. February 1, 1999, meeting - continued Councilman Cramer recognized Mel Vukas, President, and Brad Kacher. Mr. Cramer asked Mr. Vukas to explain why the variances are being requested. Mr. Vukas stated this building will be located at the corner of Windy Hill Road and Ward Street and would like to have two signs so the business could be seen from either of the two streets. Mr. Vukas stated the sign will be approximately 3 '/2 feet x 15 feet and the colors will be red and blue and they hope to open by March 1, 1999. Councilman Lnenicka asked Mr. Vukas if they plan to have a monument style sign on the property and he responded they do but it has not been designed yet. Mr. Vukas stated he did not know if they will need a variance for the monument sign at this point in time. Councilman Cramer made a motion that the variance request at 900 Windy Hill Road to have two oversized building signs be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. (C) Variance Request - 900 Windy Hill Road - To Have More than One Wall -mounted Sign See narrative above. Councilman Cramer made a motion that the variance request at 900 Windy Hill Road to have more than one wall -mounted sign be approved. Councilman Lnenicka seconded the motion. Councilman Newcomb stated the reason this variance is being requested and considered for approval is due to the fact that the building is located at an intersection and the signs will face the main street and one will face the street that comes beside it and the business is located on a corner lot. Motion was approved 7-0. (D) Rezoning Request - 3016 Atlanta Road (0.946 Acres) - From R-20 to L.C. Mr. Smith stated this item will be tabled. Mr. Smith further stated the applicant is requesting to build a bank on this property and the plans presented to the Mayor and Council show no curb cut on Atlanta Road but shows a driveway cut into the Amoco lot to the north of subject property and two curb cuts on Quarles Avenue. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to address this item. There was no one present to address this request. Councilman Hawkins stated at the request of the applicant this item will be tabled until the February 15, 1999, council meeting. Councilman Hawkins stated there are several issues concerning ingress/egress that are still be worked out. Councilman Hawkins made a motion that the rezoning request at 3016 Atlanta Road (0.946 Acres) to rezone from R-20 to L.C. be tabled to February 15, 1999. Councilman Scoggins seconded the motion. Motion to table was approved 7-0. (E) Variance Request - 653 San Fernando Drive - Reduce Front Yard Setback from 40 Feet to 30 Feet Mr. Smith stated the applicant, Kenneth Haygood, is requesting this variance to reduce the building line from 40 feet to 30 feet to accommodate an addition to their home. Mr. Smith stated there are letters in the packet from the adjoining neighbors stating they have no objections to the variance being requested. 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. Councilman Cramer asked Mr. Haygood to briefly explain why the variance is being requested. Mr. Haygood stated he wants to remove the front porch from their home and extend the front side of their home forward to where the porch was located. He further stated this will allow them to enlarge their living room and dining room. Councilman Cramer noted for the record that the two adjoining neighbors have no objection to the variance being requested. Councilman Cramer made a motion that the variance request at 653 San Fernando Drive to reduce the front yard setback from 40 feet to 30 feet be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. February 1, 1999, meeting - continued (F) Rezoning Request - 206 Head Drive (0.48 Acres) - Rezone from R-20 to RAD- Conditional Mr. Smith stated this parcel was not included in the original annexation request when the Ennisbrook Subdivision was annexed into the city. He stated the 0.48-acre is being added at this time and the parcel abuts the subdivision and will create two additional lots of the subdivision. Mr. Smith stated this request was heard by the Planning and Zoning Board on January 11, 1999, and approved 5-0 and will also involve the annexation of the property. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this request. There was no opposition. Councilman Cramer asked Mr. Kevin Moore, representing the applicant and property owners Priske-Jones, who are also developing the property. Mr. Moore stated Mr. Bruce Stanfield, Priske-Jones, is also present this evening. Mr. Moore stated this parcel is only a .48 acre tract and the master plan was zoned RAD-Conditional; there are 173 units in the subdivision and the price range is from $160,000 to $200,000. Mr. Moore stated the property in question is basically a remnant piece that was not included in the original purchase and the only access it has is to the new proposed subdivision street. Mr. Moore stated this parcel involves a rezoning request and the annexation of the property. Mr. Moore stated the stipulations placed on the master site plan will also apply to this remnant with the exception of these two lots will having different setbacks. Councilman Cramer made a motion that the request to rezone 0.48 acres abutting the Ennisbrook Subdivision from R-20 to RAD-Conditional be approved with the original stipulations placed on the property being in effect. Councilman Cramer stated these two lots will have different setbacks from the other lots in the overall master plan. Councilman Wood seconded the motion. Motion was approved 7-0. (G) Annexation of Property - 206 Head Drive (0.48 Acres) Land Lot 268, 17' District, 2nd Section, Cobb County, Georgia Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the annexation of this property. There was no opposition. Councilman Cramer made a motion that the annexation of the property at 206 Head Drive (0.48 Acres) in Land Lot 268, 2' Section, 17' District, Cobb County, Georgia, to become a part of Ward 5, effective March 1, 1999, be approved. Councilman Wood seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Approve Contract with SCANA Energy Marketing and Authorize Mayor to Sign and Execute Contract Councilman Lnenicka stated the contract before the Mayor and Council has been recommended by Jack Millet, Purchasing Manager, and city staff. Mr. Lnenicka stated the city staff has reviewed the contract with the assistance of the Georgia Municipal Association and have recommended the city sign a contract with SCANA Energy Marketing as the city's natural gas provider. Mr. Lnenicka stated this contract is basically a 30-day contract which allows the city to cancel the contract with a thirty -day notice if so desired and allows the city flexibility to select another provider if so desired. Mr. Lnenicka stated there is a substantial savings projected ranging from $45,000 and $49,000 per year. Councilman Lnenicka made a motion to approve the recommended agreement to purchase natural gas from SCANA Energy Marketing and authorize the Mayor to execute the necessary contract document. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. February 1, 1999, meeting - continued BID AWARDS: (A) Bid Award (Bid #98088) - Field Rake (Attachment) and Turf Gator for Parks and Recreation Department Councilman Scoggins stated Georgia Turf is the low, qualified bidder for the field rake, attachment and turf gator and J. L. Dowda is the low, qualified bidder for the mower only. Councilman Scoggins stated the Parks and Recreation Committee recommends splitting the bid' among Georgia Turf and Tractor ($13,692) and J. L. Dowda Lawn and Garden ($12,400) and moved approval of the bid award as recommended. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of January 19, 1999, Minutes (B) Approval of Budget Transfer - Parks Facilities Division (C) Approval to Request Proposals for Audit Services (D) Approve Purchase of Emergency Generator for Fire Department (E) Ratify Agreement Between City and Children and Youth Coordinating Council to apply for Juvenile Accountability Incentive Block Grant Councilman Lnenicka made a motion the Consent Agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Capilouto, Councilman Scoggins, Councilman Lnenicka, Councilman Wood had no committee reports this evening. Councilman Newcomb announced the city held the groundbreaking ceremony for the new fire station last week and the building will proceed rapidly and by either late July or early August the facility should be ready for a public walk-through. Mr. Newcomb stated the official dedication will be held at the annual birthday celebration in August. Councilman Hawkins announced this is the last month for the leaf -vacuum program until November. Councilman Cramer announced there will be Veterans Memorial Committee Meeting on February 8, 1999, in the Council Chambers, at 7:00 p.m. Mayor Bacon stated the elected officials attended their annual retreat in Athens, GA, this past weekend. ADJOURNMENT With no further business, the meeting adjourned at 8:29 p.m. February 1, 1999, meeting - continued A. MA,;ACON, nAYOR MELINDA DA RON, CITY CLERK <—�' ., a ,cam RON NEWCOMB, WARD 2 W. LL SC GGINS, WA /J�A�MES M. HA KINS, WARD 4 SACK-CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7