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March 16, 1998 Council Meeting March 16, 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 Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Major Kent Sims representing the Police Department, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Human Resources Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Robin Broyles, Community Relations Director Maryclaire Andres, and representatives of the press. - Invocation was given by Reverend Mark Agan, Sharon Baptist Church, followed by the pledge to the flag. CITIZENS INPUl': Mayor Bacon recognized Councilman Cramer who introduced Miss Jonquil - Cynthia Smith and Mrs. Jonquil - Mendy Potter. Both Ms. Smith and Mrs. Potter thanked the council for allowing them to attend the meeting this evening. Mayor Bacon recognized Mary Ann White who recognized Brenda Barrett and Cynthia Taylor as the STAR employees for the month. Mayor Bacon recognized Representative Frank Bradford who gave a brief update on the legislative session. Mayor Bacon recognized Sue Brissey who presented the Image Enhancement A ward to Madison Station apartment complex. Ms. Kathy Ellerbee accepted the award on behalf of the complex. Mayor Bacon recognized Ann Kirk. Ms. Kirk announced that the Cobb School System will have their "Education and Career Exposition" on Tuesday, March 24, 1998, from 6 - 9 p.m. at the Cobb Civic Center. - Mayor Bacon recognized Loretta Freeman, 2515 Rolling View Drive, who expressed her concern about an alleged child molester in the area and the safety of the children in the community. Mayor Bacon asked Major Sims to meet immediately with Ms. Freeman to discuss this situation. Mayor Bacon recognized Donetta Cheatham, coordinator and founder of a youth marching drill team located in Smyrna. Ms. Cheatham asked the team members and their parents to come forward. Ms. Cheatham asked anyone who would like to make a donation to their team to please do so and also stated if there are any young girls who would like to join the team to please contact her. She stated her drill marching team has been asked to march in the Channel 2 (WSB) July 4th "Salute to America" parade. PUBLIC HEARINGS: (A) Rezoning Request - Spring Street (4.16 Acres) From L.C., R-15 and R-20 to T.D. Conditional for Townhouses Mr. Smith stated this is a rezoning request to develop this property for townhomes. Mr. Smith stated the developer, Lifestyle Residential Corporation, plans to place 37 units on the property with a number of stipulations and conditions which they will address this evening. Mr. Smith stated this item was originally heard by the Planning and Zoning Board on February 9 with the project being turned down by a vote of 4 - 3 and the plan has been modified for this evening. Mayor Bacon stated this is a public hearing and asked if anyone was present to address this issue. Mayor Bacon asked City Attorney Chuck Camp to administer the oath to those persons wishing to speak. Councilman Scoggins asked Mr. Sam Leveto, Lifestyle Residential Corporation representative, to come forward. Mr. Leveto presented drawings for the project and explained the layout of the planned _ development. Mr. Leveto stated they are proposing to build 37 residential townhome units on the property. He stated their plans will enhance the area and the townhomes they are proposing are of a very high quality and have been designed by an architect. Mr. Leveto stated the development should add approximately $5 million to the tax base. He stated the development will be establishing a homeowners association and will guarantee all the yards will be maintained as well as the units' exterior. He further stated the covenants will also have a provision that does not allow any leasing of the units unless there is a hardship. Mr. Leveto stated the average square footage of the proposed units will be approximately 1,500 square feet with 9-foot high ceilings, brick accents on all the houses, at least a single-car garage. He stated one thing they would like to vary is that the original minimum lot width was 20 feet and they would like to have the options open to allow them to vary up to 26 feet wide. He stated in all of their communities they install March 16, 1998, meeting - continued street lighting and they will install decorative street-top posts on all their lights and along the street and at the end of the buildings they will put no less than one 3" caliper tree. Mr. Leveto read from the proposed Homeowners Association standards as follows: 1. Wording which will severely restrict homeowners from renting. 2. Yard maintenance for all the homes. 3. Common yard maintenance which will include fencing and detention areas. 4. Ordinary day-to-day management duties. 5. $250 per unit that will be devoted for capital reserves. Mr. Leveto stated in addition to the above, they have agreed to construct - along Spring Street - (approximately 620 feet) a brick wall. He stated the brick wall will have a height of 4'1O"with brick columns that will be approximately 5'5" in height. He stated along Mathews and Wright Streets they will put up brick pillars with painted wood between them and along the north side of the tract will be a 6' high fence for privacy. He stated the one thing they would like to reserve for themselves is the ability to vary the lot width to a new design. Councilman Scoggins asked Mr. Leveto to expound on the rental portion of the covenants. Mr. Leveto stated the restriction on homeowners from renting their property is in the covenants and is enforceable. Councilman Hawkins asked Mr. Leveto if they are currently building this type community in the area. Mr. Leveto stated they are building in North Springs (27 units) with 1,550 square feet plus a full basement/garage area and those are selling in the $180,000's. Mr. Leveto stated they plan to put the same type comnmnity on Holcomb Bridge Road (50 units). Councilman Hawkins asked Mr. Leveto what price range the homes in Smyrna will be and Mr. Leveto responded he expects them to sell at close to $130,000 and higher with options. Mayor Bacon asked Mr. Leveto why they could not build single-family homes on the property. Mr. Leveto stated economics is the reason with the price of land per acre being extremely expensive and the area does not lend itself to single-family housing. He further explained there is commercial property in front of this property and there is additional townhome communities and higher density in the area. Mr. Leveto stated they have reduced the density for this proposed development to approximately 8.9 units/per acre. Councilman Scoggins asked Mr. Leveto to describe the landscaping they plan for the development. Mr. Leveto stated they feel they have an opportunity to preserve a lot of the trees on the property. He stated it will be difficult to preserve the trees in the middle portion of the development but along the outside boundaries, especially along Spring Street, there is almost a double row of hardwood trees which they think they will be able to preserve most of and their setback is 40' to the closest point at which the units will be constructed. Mr. Leveto stated they have committed to incorporate jonquils into their landscaping scheme and have every intention of preserving as much of the integrity of the property as it exists. Mr. Leveto stated there will be no parking pads and parking for the residents should be contained in the single-car garages. Mr. Leveto stated their target clientele is the single person. Councilman Newcomb stated he understands that two lots (at Mathews and Spring Streets) are in the county. Mr. Leveto stated that was correct. Mr. Newcomb asked Mr. Leveto if he has submitted a petition to annex that property into the city. Mr. Leveto stated he thought they had done that but Ms. Dameron responded she has not received that petition. Mayor Bacon recognized Phagan Durham, Spring Street, who spoke in opposition citing density and the fact he would like to keep the area single-family residences. Mayor Bacon recognized Nancy McGee, Roswell Street, who asked what would constitute a hardship condition that would allow the property to be rented or leased. Mr. Scoggins stated his version of a hardship would be a divorce and the disposition of the property. He further stated it is his understanding that the homeowners association would have the final say as to the disposition of the property. Ms. McGee stated she feels the mindset of the residents of the complex would determine the definition of a hardship. Mr. Leveto stated there are four items that constitute undue hardships. Mr. Leveto read the following items: 1. Where an owner must relocate their residence and can not within 90 days from the date the dwelling unit was placed on the market sell the dwelling unit for current market value as determined by the appraiser and other persons approved by the board after having made a reasonable effort to do so. 2. Where an owner dies and the dwelling unit is being administered by his/her estate. 3. The owner temporarily relocates outside the metropolitan area and intends to return to reside in the unit. 4. The unit is to be leased to a member of the owner's immediate family. ..., ..., ..., - - - March 16, 1998, meeting - continued Councilman Scoggins asked if the above conditions would be governed by the homeowners association and Mr. Leveto responded they would and are enforceable in a court. Ms. McGee then asked Mr. Leveto to indicate to her which part of the property will be green space and which part will be buildings. Mr. Leveto indicated on the plat where the buildings will be located and the areas that would be green space. Mayor Bacon recognized Mr. Jackie Aaron, Anderson Circle, who spoke in opposition to the complex citing density and concerns about flooding problems. He stated he has not experienced flooding and does not want that to become a problem. Mr. Aaron further stated he sees nothing on the transparency indicating a retention area. Mr. Aaron stated he would like to see the property remain used for single family residences. Mayor Bacon recognized Ms. Jean McClure, 1515 Spring Street, who opposed the property citing density, and the high number of duplexes, condominiums and apartments within the close proximity of her home and also the increased traffic. Mayor Bacon recognized Larry Jones, 1423 Spring Street, Mickey Gamble, Spring leaf Circle and president of Windy Hill Forest Homeowner's Association, and Sam Hamby, 1312 Roswell Street, who all spoke in favor of the development. All persons stated they feel it will improve the area and support the development. Mr. Gamble stated he has a petition from his neighborhood with about 18 signatures in support of the development, which he presented to the City Clerk. Mayor Bacon recognized Valerie Howell, 1592 Walker Street, who spoke in opposition to the development. Ms. Howell stated she feels the peace and quiet of the neighborhood will be destroyed by the development, traffic concerns, pollution and noise and asked that the rezoning be denied. Mayor Bacon recognized Carrie Malone, Jenny Pruitt Realty agent, who represented the sellers of the property. Ms. Malone spoke in favor of the development. Ms. Malone stated she feels the development will be a positive influence on the community. Mayor Bacon asked City Engineer Ken Hildebrandt to come forward and address the drainage concerns expressed by Mr. Aaron. Mr. Hildebrandt stated the developer will be required to construct a detention pond that could be an actual hole in the ground or an underground large pipe for detention purposes. He stated they are required to provide detention and they will have an engineer do the calculations which will show that the run off rate from the post-developed conditions does not exceed what is existing on the property. Councilman Newcomb asked Mr. Hildebrandt about the direction of the water running off the property. Mr. Hildebrandt stated he feels the water will run down Anderson Circle and there is a creek that parallels the road on Anderson Circle and goes down by Smyrna Cable TV and under Spring Road and becomes Poplar Creek at some point. Mayor Bacon stated that is where the water currently goes and Mr. Hildebrandt responded that is correct. Mr. Newcomb asked Mr. Hildebrandt what percent of the water will the developer have to retain and Mr. Hildebrandt responded they are allowed to have some water bypass the site but in looking at the overall picture, the runoff can not be increased. Councilman Scoggins asked Mr. Leveto to address the water runoff from the property. Mr. Scoggins asked Mr. Leveto if he would be willing to work with the City Engineer to resolve the water problems if the property is rezoned. Mr. Leveto stated they will work to make sure the water does not create any problems for the resident. He further stated he understands the development can not increase the water runoff from the property and he stated anything (in the way of water) they create will be detained. Mr. Leveto stated they might end up with detention areas on both sides of the property. Mr. Newcomb asked Mr. Leveto would consider detaining more than the 100% of the water runoff. Mr. Leveto stated he would be happy to consider that but indicated if they are already detaining 100 % of the water they are not contributing to anyone's water problem. He stated if they start increasing 10 %, 15 % or 20 % you will see more trees coming down, more disturbed areas because you have to put it somewhere. He stated he felt if you are already containing 100% of what you are creating, that should be adequate. Mr. Leveto stated if there is a reasonable way to do what Mr. Newcomb is requesting, he will be happy to do it. Councilman Newcomb then asked Mr. Leveto to describe the buffer that will run along the back portion of the property. Mr. Leveto stated there is a stand of pine trees along the northern boundary line between the proposed new development and the existing residences. He further stated they are going to make every attempt to keep that area as undisturbed as possible. Mr. Leveto stated the pine trees are mostly on the proposed development property. Councilman Hawkins asked about the construction of a 6' wooden fence through the pine trees without removing them. Mr. Leveto stated that is what they want to do. He stated they plan to put the privacy fence through there pretty close to the property line. March 16, 1998, meeting - continued Councilman Scoggins asked Mr. Leveto about the old Lacy homeplace and a duplex that faces Mathews Street. Mr. Scoggins asked Mr. Leveto if the duplex will be torn down and Mr. Leveto stated it would be torn down. Councilman Hawkins asked Mr. Leveto if he plans to dedicate the street in the development to the city and Mr. Leveto responded they do. Mr. Leveto stated the road would be built to the city's standards. Mayor Bacon recognized Phagan Durham, Spring Street. Mr. Durham stated he feels the granting of this property change will open the door to this contractor or others to develop more condominiums in the single-family area causing decreased water pressure and increased sewage. ... Councilman Scoggins made a motion that the application of Lifestyle Residential Corporation to rezone approximately 4.165 acres on Spring Street from L.c., Limited Commercial, R-15 and R-20, Single Family Residential, to T.D., Townhouse District, be approved with the following conditions. . There will be a maximum of 37 townhomes in the development. . The minimum square feet of heated living space per townhome will be 1,450. . The average heated square footage will be 1,500 with 9-foot ceilings. . Each home will have a ventless fireplace, 2 '/2 baths and a single car garage . There will be brick accents on the front of each home . Decorative post-top street lights will be installed along the street . Lifestyle Residential Corporation will construct a decorative brick wall approximately 620 feet long along Spring Street. This wall will be 5' 5" to the top of the pillars and 4' 1 0" to the top of the wall. . Along both Mathews Street and Wright Street Lifestyle Residential Corporation will construct 2' x 2' wide, 5' high brick pillars that will extend from the brick wall to the entrance and then from the entrances to the north property line. Between the brick pillars there will be a painted wooden fence approximately 4' high. Applicant will construct a 6' high wooden privacy fence along the north property line. Applicant agrees to plant jonquils as part of its landscaping plan for the development. The specifications and details of walls, pillars and fencing will be in conformity with the wall and fence plan and other conditions specified in letter and attachments dated March 9, 1998. ... . Lifestyle Residential will incorporate a homeowners association and record protective covenants which will include the association being ultimately responsible for the following: 1. Wording which would severely restrict homeowners from renting their homes. This language will be similar to wording in the Ivy Springs Townhomes Leasing of Units agreement. 2. Yard maintenance for all homes 3. Exterior maintenance on all homes 4. Common yard maintenance which will also include fencing and detention areas 5. Day-to-day ordinary management duties 6. Lifestyle will contribute or have contributed $250 per home sold to the homeowner's association towards a capital reserve. ... Councilman Cramer seconded the motion. Councilman Newcomb commended Mr. Scoggins for the hard work he has put into this rezoning request. Mr. Newcomb stated the density has come down and is a little less than nine units per acre. Mr. Newcomb stated this is a higher density than he would prefer and expressed his feelings that he wished this property could remain as single-family. He stated 37 units for the property is acceptable and the quality has improved since the original plan was submitted. Mr. Newcomb stated he would be concerned if a pattern emerged for more townhomes and condominiums in the city as opposed to single-family zoning. Mr. Newcomb stated he hoped this action would not lead to March 16, 1998, meeting - continued .. a domino effect in this respect and supports the motion. Mr. Newcomb then asked Mr. Scoggins to consider that the designation for the Land Use remain at medium density residential as opposed to high density residential. Councilman Hawkins stated for the record that he has received several calls in favor of the development and a few in opposition to the rezoning request. He stated he and the other council members listen to both sides of the argument and do not make up their minds on how to vote until all the information is presented. He further stated the officials have to vote in a manner that will be beneficial to the City of Smyrna. He further stated he did not believe this rezoning would hurt anyone in the room. He further stated he believes this may start an upward trend for the city and this is in the best overall interests of the city. Councilman Lnenicka stated he commends the developer for working with Mr. Scoggins and for being responsive to the needs of the neighborhood. He stated he would prefer a less dense development but the officials are charged with legal criteria upon which to base their decisions. He further stated this is a traditional and attractive neighborhood and stated he does support the motion. Mr. Lnenicka stated he certainly did not make up his mind about how he was going to vote on this issue until all the information was presented this evening. Motion was approved 7-0. (B) Land Use Change - Spring Street (4.16 Acres) From Low and Medium Density Residential to High Density Residential Mr. Smith stated this land use change is for the property discussed in the narrative above. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to comment on this issue. Councilman Scoggins made a motion the Land Use Change for Spring Street (4.16 acres) be changed from Low and Medium Density Residential to Medium Density. Councilman Newcomb stated it is the city's desire to ensure that this property does not reflect a high-density use. Councilman Newcomb stated it is the city's intent to protect this area from apartment development and preserve the residential quality of the area. Councilman Newcomb seconded the motion. Motion was approved 7-0. (C) Ordinance Amendment - Section 715.2 - Extended Stay Motels and Hotels - Add Sub-Section G - Limit the Length of Stay - Mr. Smith stated this is the second reading of the proposed ordinance amendment. Mr. Smith stated in reviewing the extended stay portion of the ordinance, the city has determined that these extended stay motels and hotels should not become quasi-apartments. He stated the proposed amendment will add Sub- section G as follows: " No guests shall register, reside in, or occupy any room or rooms within the same licensed facility for more than a 90-day period." Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to comment on this proposed amendment. There was no comment. Councilman Hawkins made a motion that the proposed ordinance amendment to Section 715.2 - Extended Stay Motels and Hotels with the addition of Sub-section G be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (D) Ordinance Amendment - Architectural Design Guidelines Mr. Smith stated the city is beginning to have a good bit of development and renewal within the downtown area as a result of the Village Green complex and the guidelines under which the city was beginning the developments, did not provide the enforcement mechanism or the standards that would allow the city to proceed with the development as the city wished to do. He stated the Community Development Committee asked the Community Development Director to revise the standards. Mr. Smith stated this is the second reading of the proposed amendment to the Architectural Design Guidelines. Mr. Smith further stated the guidelines have been reviewed by the city's architect and the planning consultant. _ Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to address this issue. There was no comment. Councilman Hawkins made a motion the ordinance amendment - Architectural Design Guidelines - be approved. Councilman Cramer seconded the motion. Councilman Lnenicka stated he would like to point out that these are part of the raising of the city's standards and expectations and he supports the motion. Motion was approved 7-0. March 16, 1998, meeting - continued (E) Ordinance Amendment - Appendix E - Architectural Design District Mr. Smith stated this proposed amendment is to amend Appendix E of the Code of Ordinances regarding the architectural design district to make it consistent with the architectural design standards that were just approved. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to make any comment on the issue. There was no comment. Councilman Hawkins made a motion the proposed ordinance amendment - Appendix E - Architectural Design District - be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (F) Update City of Smyrna Solid Waste Management Plan Short Term Work Program -' Mr. Smith stated this is a requirement that is undertaken by the Public Works Department every five years. Mr. Smith stated this is a public hearing as part of that requirement. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to comment on this issue. There was no comment. Councilman Hawkins stated this is the second reading but the Public Works Committee has asked that this item be tabled until the May 4, 1998, council meeting. Mr. Hawkins made a motion the update of the City of Smyrna Solid Waste Management Plan Short Term Work Program be tabled until the May 4, 1998, council meeting.. Councilman Wood seconded the motion. Motion to table was approved 7-0. (G) Alcoholic Beverage License Request - Agent Change - AFA Enterprises, Inc., D/b/a Cumberland Amoco - 2535 Cobb Parkway - Retail Package Beer Mayor Bacon asked if the applicant was present. The owner of the property, Mr. Anwar Kapadia, came forward. Mr. Kapadia stated the applicant is out of town and would not be in attendance at tonight's meeting. Mr. Kapadia stated the applicant would be available to attend the April 6 meeting. Mayor Bacon stated this item was tabled from the March 2 meeting and then stated this is a public hearing and asked if anyone was present who wished to address this issue. There was no comment. Councilwoman Capilouto made a motion to table this alcoholic beverage license request for an agent change at AF A Enterprises, Inc., d/b/a Cumberland Amoco at 2535 Cobb Parkway for retail sales package beer until the April 6, 1998, meeting. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Councilman Newcomb was out of the council chambers during the vote). --- (H) Variance Request - 3231 South Cobb Drive - Increase the Building Sign from 40 Square Feet to 120 Square Feet Mr. Smith stated the applicant, Renter's Choice, is requesting this variance in order to make the sign 110 square feet larger than what is permitted under the South Cobb Drive Urban Design Guidelines - Appendix H. 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, Michael Grossman, representing Renter's Choice, to briefly explain why the variance is needed. Mr. Grossman stated the sign he is requesting is approximately 5' high and 24' long. Councilman Hawkins stated the city recently passed the South Cobb Drive Overlay District which covers the section of South Cobb Drive in which Mr. Grossman's district is located. Mr. Hawkins stated the maximum allowed sign in this district is only 40 square feet. Mr. Hawkins asked Mr. Grossman to explain why he could not live with the 40 square foot sign. Mr. Grossman stated his business is located in the largest space in that shopping area and has the smallest sign. He further stated he is handicapped in that he has lO-foot extensions out to the side of the building so that a lot of the frontage of his building is cut off. He stated except for those extensions, he would have a 51-foot frontage and it would be very helpful to him in advertising his business if he could have the larger sign. Mr. Hawkins stated this has nothing to do with the free-standing sign in front of the shopping center and deals specifically with the wall sign and Mr. Grossman stated that is correct. Mr. Grossman stated he is currently located in the K-Mart shopping center and already has a lighted sign which he has invested $3800 _ $4000 in and did not want to lose that sign. He further stated he would like to be able to use that sign in his new business at his new location. Mr. Grossman stated he would like to use the existing sign on the side of his business as well as the larger sign on the front of his business. Mr. Grossman stated if he could only have one sign, he would like to request the larger (120 square foot) sign. Mr. Hawkins stated he believed the business would only be allowed one wall sign and Mr. Grossman stated there is a business in the same area that has a front and side sign. He stated he was just asking if there was any possibility that he could use both signs. Councilman Hawkins stated that most of the businesses along South Cobb Drive with existing signs do not comply with the new ordinance that was recently passed and suggested tabling -- - - - March 16, 1998, meeting - continued this variance request until such time as the committee could review the recently adopted ordinance. He stated the Community Development Committee would like an opportunity to review the Overlay District and evaluate some of the sign requirements. Mr. Grossman stated his business is in Smyrna and he plans to remain in Smyrna. Mr. Hawkins stated the size sign Mr. Grossman is requesting would conform to the city's normal sign ordinance. Councilman Hawkins made a motion that the sign variance at 3231 South Cobb Drive to increase the building sign from 40 square feet to 120 square feet be tabled to the April 6, 1998, meeting. Councilman Scoggins seconded the motion. Motion to table was approved 7-0. (I) Variance Request - 1530 Grace Meadows Lane - Reduce Front Yard Setback from 75.22 Feet to 57.7 Feet Mr. Smith stated the applicant, Clifton Oliver, Oliver Custom Homes, is requesting this variance to place the home in a better position upstream from the detention dams. He stated the setback is too far from the street and the home would have a potential for flooding problems if not moved forward. Mr. Smith stated the city has received a letter of opposition to this proposed variance request. 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 Wood stated this is the first of two variances requested in the Grace Meadows subdivision. Councilman Wood stated there are two lots remaining to be developed - Lots 13 and 16 - and both are located in a cul-de-sac on Grace Meadows Lane. Mr. Wood stated both lots have similar characteristics in that they are very narrow at the front and go deep but there are also some other matters that affect the lots. Mr. Wood then asked Mr. Oliver to explain the need for the variance at 1530 Grace Meadows Lane. Mr. Oliver stated the variance being requested for Lot 13 - 1530 Grace Meadows Lane - is due to a natural creek being located at the rear of the property with a slope that gradually goes all the way severely to the front and then flattens out. He further stated with the two tributaries that are in the back of this property it would make this basement pretty susceptible to flooding if the home were to be built in the current building line. He stated this particular tributary buffer takes the runoff from the retention pond on Lot 16 in the Grace Meadows Subdivision in addition to the retention area and the water from the Austin Lakes Subdivision. Mr. Wood stated Mr. Oliver has notified the property owner at 1528 Grace Meadows Lane - Mr. Nguyen - and Mr. Otta and Mr. Davis at 1532 Grace Meadows Lane. Mr. Wood asked if Mr. Oliver heard from Mr. Nguyen and Mr. Oliver responded he did hear from the property owner of Lot 15 but did not know his name. Mr. Wood stated he received a letter late this afternoon from Mr. Jimmy W. Otta - 1532 Grace Meadows Lane - and he stated he is currently outside the U.S. on business and has asked Mr. Robert Davis to enter his comments into the official record. Mr. Wood stated Mr. Davis is the co-owner of the property. Mr. Wood stated Mr. Otta's letter states he is opposed to the variance request for the following reasons: "the lot is a narrow "pie" shaped lot, moving the structure forward by almost 18 feet would make the house appear significantly different and destroy the balance and character of the subdivision. The "front yard" would consist mostly of the driveway and sidewalks and very little grass. The homeowners in Grace Meadows take great pride in their large front lawns giving the subdivision a feeling of space and openness that complements the natural areas that a number of the house back up to, including the one requesting the proposed change. 1 can certainly understand someone wanting to live in the subdivision however, crowding too large a house on too small of a lot is why most of us chose to escape the city and live in Smyrna. It would be a shame to destroy the character of this carefully planned subdivision by force fitting a house where it does not belong. 1 would therefore urge the Honorable Council to deny the request for variance from the currently established zoning restrictions." Mr. Wood asked Mr. Oliver if he has seen the letter and he responded he has not. Mr. Wood then asked Mr. Oliver if it is his intent to change the building line on this property. Mr. Oliver responded that was correct but that they are not asking for a variance to violate the side setback lines and will still be 10.2 feet from the property line of Mr. Oua. Mr . Wood asked Robin Broyles if he has any comment or opinion on this matter as to whether approval of this variance would enhance the situation, particularly as it relates to the drainage basin behind the property and if he thought this action would have an adverse impact on other property owners. Mr. Broyles stated he did not see any problems with it. Councilman Lnenicka asked Mr. Oliver if there was any amount less than the approximate 20 feet requested that he would be comfortable with. Mr. Oliver responded this particular lot has been sold and he has been working with the homeowner to see if the home could be positioned on this lot in an area with which he would be comfortable with and he has plans to fmish his basement and does not want to risk flood damage. Mr. Lnenicka asked Mr. Oliver if in his opinion this would negatively affect the aesthetics of the neighborhood or the style of the neighborhood. Mr. Oliver responded he would not try to hurt the aesthetics of the neighborhood since he will residing in the same neighborhood. Mr. Oliver stated the front and rear yards will be sodded and they will probably invest quite a bit in the landscaping on this March 16, 1998, meeting - continued particular yard. Mr. Oliver stated there will be a two-lane driveway going to the curb but they will seek to keep as much grassy area as possible but it will be a smaller yard. Mr. Lnenicka stated Mr. Oliver is asking for the maximum amount he might move the home forward but asked if the home could be positioned further back would he consent to do so. Mr. Oliver responded he would. Councilman Wood made a motion the variance request at 1530 Grace Meadows Lane to reduce the front yard setback from 75.22 feet to 57.7 feet be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. (1) Variance Request - 1527 Grace Meadows Lane - Reduce Front Yard Setback from 78.6 Feet to 57.6 Feet -- 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 Wood stated this is basically the same type situation as discussed above. Mr. Oliver stated the situation at 1527 Grace Meadows Lane is actually more severe than at 1530 Grace Meadows Lane. He further stated if they build the house on the lot on the building line, they would have to remove a substantial amount of an earthen dam that holds the detention pond. He stated this could affect the structure of the detention pond and greatly increase the price of the home. He stated they are requesting to move the home forward and leave the detention pond intact along with the earthen dam. Mr. Wood stated the dam does serve as a detention facility for water but not particularly for Austin Lake but for upstream drainage basin water. Mr. Wood stated the city has not received any notices, letters, comments or telephone calls regarding this variance request. Mr. Wood stated Mr. and Mrs. Darryl Peterson at 1529 Grace Meadows Lane nor Mr. or Mrs. Dan Smith at 1525 Grace Meadows Lane has not returned any objections to the granting of this variance request. Mr. Wood stated the property being discussed is located between 1525 and 1529 Grace Meadows Lane. Councilman Wood made a motion that the variance request at 1527 Grace Meadows Lane to reduce the front yard setback from 78.6 feet to 57.6 feet be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (K) Annexation of Property - Land Lots 590, 591, 634 and 635 - North Mathews Street (16.82 Acres) -- Mr. Smith stated the original description of the property was advertised incorrectly due to a surveying error. The petition was re-validated at the council meeting of February 16, 1998, and the corrected legal description was advertised with the public hearing scheduled for this evening. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the annexation of this property. Mayor Bacon asked the applicant and those in opposition to come forward and be sworn in by City Attorney Chuck Camp. The applicant, John Moore, stated this tract was rezoned at the February 2, 1998, council meeting. He further stated the property was rezoned for residential development and they are now requesting the formal annexation of this tract into the City of Smyrna. Mr. Moore further stated he would be happy to answer any questions but they a full presentation of their plans was made at the February 2 meeting. Mayor Bacon recognized Bud McCullough who asked why the property was not advertised and notices were not posted. City Clerk Melinda Dameron responded the ads for the property were in the Smyrna Neighbor the last two Thursdays and the city does not post signs advertising annexation. Councilman Scoggins made a motion that the property at the end of North Mathews Street, fronting on Windy Hill Road, Land Lots 590, 591, 634 and 635 North Mathews Street (16.82 acres) be annexed into the city and become a part of Ward 3 effective April 1, 1998. Councilman Newcomb seconded the motion. Motion was approved 7-0. (L) Alcoholic Beverage License Request - The Border - 2569 Cobb Parkway - Retail Pouring of Liquor, Beer and Wine -- Mr. Smith stated Napoleon Vela has applied to be the agent for this establishment and further stated this is an ownership and agent change for this location. Mr. Smith stated Mr. Vela resides at 123 Oxford Square in Carrollton, Georgia. Mr. Smith noted for the record that the Police Department investigation revealed nothing that would preclude the issuance of this license request. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was none. March 16, 1998, meeting - continued Councilwoman Capilouto stated she understands Mr. Vela currently has a restaurant in Carrollton and he responded he actually has two restaurants in Carrollton. Ms. Capilouto asked Mr. Vela if he planned to move to this area. Mr. Vela stated he does not plan to move but will be coming to this location daily and in his absence there will be an on-site manager. Councilwoman Capilouto asked Mr. Vela if he had received a copy of the Alcoholic Beverage Ordinance and if the business license officer had reviewed the ordinance with him. Mr. Vela responded he had received a copy of the ordinance and it had been reviewed with the business license officer. Ms. Capilouto asked Mr. Vela if he understood that all his employees have to be fingerprinted and permitted and he responded he was aware of that requirement. Ms. Capilouto stated the Police Department investigation revealed nothing that would preclude the issuance of this license request and also noted that at the Carrollton locations where Mr. Vela holds a license there have been no complaints or violations. Mr. Vela stated he has held the license at this location since 1993 and has held a license in Douglasville since 1985 and has never been cited for any violations. .. Mayor Bacon stated this is a previously licensed location where Jocks and Jills was formerly located. Councilman Lnenicka cautioned Mr. Vela that the city does conduct sting operations and urged him to operate his business within the law. Councilwoman Capilouto made a motion that the alcoholic beverage license request for The Border for retail pouring of liquor, beer and wine at 2569 Cobb Parkway with Mr. Napoleon Vela as the agent be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Appointments to the Smyrna Cemetery Commission Councilman Scoggins made a motion that Bill Mider and Jim Wooten be appointed to serve as members of the Smyrna Cemetery Commission. Councilman Lnenicka seconded the motion. Motion was approved 7-0. - COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Tolleson Park Multi-purpose Building Mr. Smith stated the project was originally bid in parts to allow the city to serve as the general contractor in an effort to save money on the project. Mr. Smith stated this work is part of the Recreation Bond proceeds and all of the sub-contract work came back over the estimates and the Parks and Recreation Committee is recommending that all bids be rejected and the project be re-bid. Councilman Scoggins made a motion that all bids received for this project be rejected and the work be re- bid. Councilman Lnenicka seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) (B) (C) (D) (E) - (F) (G) (H) (I) (1) (K) (L) (M) (N) Approval of March 2, 1998, Minutes Approval to Request bids - Replace Upstairs Overhead Lighting Fixtures - Library Approval to Request Bids - 10 New Computers for Library Network Budget Transfer - Parks & Recreation Department - From Administration to Facilities Division Approval of Fund Transfer - Parks & Recreation Department - Within the Facilities Division from Land Improvements to Contracted Labor Approval to Transfer $10,000 For Therapeutic Tub to Church Street Pavilion Approval to Request Bids - Fire Hose Amendment to Personnel Policies and Procedures - Annual Leave Approval to Authorize Georgia Power to Install Lighting at Parking Lot of Cobb Park Playground Area Approval to Request Bids for King Springs Road Water Line Approval to Request Bids for a Conflict Monitor Tester Approval to Request Bids for Windy Hill Road Sidewalk Approval to Accept Drainage Easement from Cobb County School Board Approval to Request Bids for Fitting Pipe materials (Warehouse) March 16, 1998, meeting - continued (0) Approval to Request Bids for Paper Products (Warehouse) (P) Approval to Request Bids for Tire-Balancing Machine for the Garage (Q) Approval to Request Bids for Digital Mapping Stand-alone Computer Work Station (R) Approval to Request Bids - Lockers for Tolleson Pool (S) Authorize Mayor to Sign Agreement with Sizemore Floyd - Master Plan for Retail/Commercial Development for Downtown Councilman Lnenicka made a motion the consent agenda be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: -- Councilman Newcomb announced for Chief Larry Williams that Radon Test Kits are still available through the Fire Department. Councilman Newcomb stated the Spring Road construction has not been completed but should be finished within a couple of months. Councilman Scoggins asked Maryclaire Andres for a report. Ms. Andres reminded everyone of the Spring Jonquil Festival on April 25 and 26 and the Jonquil City Jog on April 25th. Mr. Smith asked Ms. Andres to discuss the fundraising event scheduled for Aunt Fanny's Cabin. Ms. Andres reported the event is scheduled for Friday, April 24th, and will be by invitation only due to a limited seating capacity. Ms. Andres reported the dinner will be $25/person. Ms. Andres reported all proceeds will go to the restoration of Aunt Fanny's Cabin. Councilman Scoggins asked Michael Seigler for a Library report. Mr. Seigler reported on the statistics for the library and announced the income tax preparers will be at the library four more Wednesdays to help people with their income tax returns. Mr. Seigler stated there are three good displays at the Library - Mary Ann Thompson - collection of cookie cutters and cookbooks; Donna Hall - Stamp Art; and Paul Cason - photography in the art gallery. Mr. Seigler stated the Friends of the Smyrna Library will have a book sale during the Jonquil Festival. Councilman Scoggins asked Steve Ciaccio for a Parks and Recreation report. Mr. Ciaccio announced the adult volleyball league will begin the end of March; the adult basketball representing District 5 recently won the regional championship and will participate in the State tournament in Augusta Little League opening day is March 28. - Councilman Hawkins asked Ann Kirk for a report on Keep Smyrna Beautiful. Ms. Kirk announced that on March 12, 1998, at the Georgia World Congress Center, Keep Smyrna Beautiful received the first place award in the State for its efforts with Keep Georgia Beautiful Department of Community Affairs and the Public Works Department, for the third year in a row, was recognized as the second place winner for our yard waste program. Ms. Kirk thanked the citizens for their recycling efforts during the month of February. Councilman Hawkins asked Scott Stokes for a Public Works report. Mr. Stokes reported the water line projects are underway - Wayland Court and Frances Drive are finished; the water line extension project on Old Concord Road to tie in with the new Polo Club has been finished. Mr. Stokes reported the Street Division is still working on curb and gutter projects and are finishing the sidewalks on Cooper Lake Drive and the curbs were started recently. Mr. Smith asked Mr. Stokes for a status report on the Depot and Aunt Fanny's Cabin restoration project. Mr. Stokes responded the city is waiting for engineering work to be completed before actual work can begin. He stated borings have to be obtained to determine how large the footings should be and those borings should be completed this week. He stated the structural engineer could then proceed with redesigning the footings. - Councilman Hawkins asked Robin Broyles for a Community Development report. Mr. Broyles reported the estimated construction costs for this time last year was $6,029,866 and year to date they are $16,749,299 and actual building permit costs last year was $30,431 and this year the costs is at $71,821. Councilman Lnenicka asked Finance Director Claudia Edgar for a report. Ms. Edgar reported the deadline for citizens to file for homestead and/or disability exemptions for property tax is April 1, 1998. March 16, 1998, meeting - continued Councilman Wood asked Mary Ann White for a Human Resources report. Ms. White announced the current job openings for the City of Smyrna. With no further business, the meeting adjourned at 10:20 p.m. fl~ A. MAX BACON, MAYOR -rf!rb~1<J t{) J,$U,.~ MELIN A DAMERON, CITY CLERK - ~~.J ,J~ CHARLENE CAPILOUTO, WARD 1 RON NEWCOMB, WARD 2 /N JAMES M. HAWKINS, WARD 4 t!~/1t:ucJ~ CHARLES PETE WOOD, WARD 7 - -