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April 7, 1997 Council Meeting .... ... ... April 7, 1997 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 for Councilman Scoggins who was out of town on business. 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 Rick Carroll, Bethel Baptist Church, followed by the pledge to the flag. CITJZENS INPI JT' Mayor Bacon recognized Louis Godwin, 2255 Beech Valley Drive. Mr. Godwin asked about the reaction of the Mayor and Council to the proposal of Cobb Commissioner Gordon Wysong about creating the City of Cobb. Mr. Godwin stated he had several concerns about the City of Smyrna city limits that are still not very uniform; concerns about pockets that remain around the city that are not within the city limits yet he feels should be under the control of the city; also concerned that the county will not be able to support these areas near the city limits the way the city could. Mr. Godwin asked if there would be an official response to that proposal. Mayor Bacon responded there have been several comments from the elected officials concerning the proposal and there is a lot of concern among the elected officials. Mayor Bacon further stated the creation of the City of Cobb would end the growth of the City of Smyrna totally and stated there had been several issues concerning annexation and development of property with the county over the last year and a half or so that the city could not understand why these properties did not annex into the city. Mayor Bacon stated he now knows why these properties did not annex and stated it was a power struggle between the city and some members of the County Board of Commissioners. Mayor Bacon stated those county officials do not want the city of Smyrna to grow nor annex any property at all if the proposed plan goes through. He further stated that not only would the City of Smyrna be affected but so would all the other cities in Cobb County. Mayor Bacon stated the Cobb Municipal Association meeting will be in the Smyrna Council Chambers tomorrow night and this topic will be discussed. He also stated the Cobb County Board of Commissioners is meeting tomorrow morning to discuss this proposal and to vote on the issue. Mayor Bacon encouraged all the citizens of Smyrna to watch the televised meeting tomorrow and take note of the elected officials who vote for this issue. Councilman Wood stated that according to the proposal, the new city would include 294 square miles and noted that first of all, the plan is illegal under Georgia law and can not be done with existing law. He further stated there are actually two laws that would affect it and reminded Mr. Godwin that the cities can only annex property on a voluntary basis, with 60%of the property owners requesting the annexation, and further the property must be contiguous to existing city property. Mr. Wood further stated Commissioner Wysong's "plan to incorporate Cobb County Government" is filled with inaccurate statements and the City of Smyrna was not notified prior to the submittal of this plan. Mr. Wood further stated from the response from the legislators involved, there is no intent to change the existing state laws at this time. Councilman Newcomb stated it is fair to say that the Mayor and Council are very upset with this proposal. He further stated this will be discussed at the Cobb Municipal Association to be held at Smyrna City Hall tomorrow night. Mr. Newcomb stated this proposed plan is an absurd idea and expressed his appreciation to Mr. Godwin for attending tonight's meeting and asking about the proposed plan. Mr. Newcomb also encouraged the citizens to watch the Commission meeting tomorrow and to take note of who votes in support of this plan. PURI.IC HEARINGS' (A) Ordinance Amendment - Delete Section 710.23 Appendix A "Florists, Drugstores, and Apothecary Shops" Mr. Smith stated this is the second reading of the proposed ordinance amendment. Mr. Smith the proposed amendment is due to the changed and broadened definition of the terms "florists, drugstores, and apothecary shops." He stated the proposed ordinance amendment would delete Section 710.23, Appendix A. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the proposed ordinance amendment. There was none. Councilman Wood stated there is a zoning category called 0&1 (Office and Institutional) and drugstores are a part of that zoning. Mr. Wood further stated that drugstores have become more like general merchandise stores and therefore should be more appropriately classified as General Commercial (GC) zoning. Mr. Wood stated the proposed amendment would take drugstores out of the 0&1 category and put it in the GC category so any future applications would be in an area zoned GC. Councilman Wood made a motion the proposed ordinance amendment to delete Section 710.23 Appendix A "Florists, Drugstores, and Apothecary Shops" be approved. Councilman Cramer seconded the motion. Motion was approved 6-0. April 7, 1997, meetine - continued (B) Variance Request - 940 Magnolia Drive - Reduce Side Yard Setback from 10 Feet to 2.2 Feet Mr. Smith stated the applicant, Mrs. Bobbie Pride, wants to add a carport to their home. Mrs. Pride stated her husband's health problems are increased when he gets wet and this will allow him to stay dry. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. Mayor Bacon asked everyone who wanted to speak to this issue come forward and be sworn in. Councilman Hawkins asked Mrs. Pride to come forward. Mr. Bill Dungan also came forward to represent the Prides. Mr. Dungan stated he was asked to come with the Prides and stated he has done a lot of building in the past and lived next door to the Prides for almost thirty years. He stated the Prides have asked him to ...., help build the carport and that is how he is involved. Mr. Dungan stated all the neighbors with the exception of Mrs. Sample have signed the letter stating they have no objection to the carport being built. Mr. Dungan stated the carport Mr. and Mrs. Pride want to build will only fit on side of the house next to Mrs. Sample. Mr. Dungan further stated Mr. Pride has asthma problems and getting out into the weather is not good for him. He also stated Mr. and Mrs. Pride were told by the Community Development Department that they could build a metal building or shed with no variance necessary. Mr. Dungan stated the subdivision has remained attractive with brick and some installation of vinyl siding and the Prides did not want to do anything that would detract from the appearance of their home. He stated they did not want a metal awning-type carport. He stated they plauned to build a carport that will tie into the existing roof line, raise the driveway, brick the carport and spend about $12,000 to make it look nice. Councilman Hawkins stated he felt that a variance would have to be obtained even if the Prides wanted to erect a metal-awning type carport if the setback requirements were not met. Mrs. Pride stated she had talked with the Community Development Department she was told she could put a metal carport on her driveway with no variance. Mrs. Pride stated if she put a metal-type carport on the driveway, it would be ten feet from the property line. Mr. Hawkins stated if it met the setback requirements it would not need a variance. Mrs. Pride stated she felt the metal type carport would de-value her property as well as Mrs. Samples' property and she wanted to do the right thing. Councilman Hawkins asked Mrs. Pride if she could put the carport on the other side of her home and she responded no. She further stated the driveway is on the side of the house between her home and Mrs. Samples and there is no entrance to her home from the other side. Mayor Bacon asked Mrs. Samples, 948 Magnolia Drive, to come forward. Mrs. Samples presented paperwork to the Mayor and Council. Mrs. Samples stated when she reviewed the variance request at the .... Community Development Department office she noticed the reason listed for the variance was due to health concerns - respiratory problems that Mr. Pride has. She stated this is not the reason Mrs. Pride gave her for wanting to build the carport. She further stated Mr. Pride has just retired and bought a new Cadillac and it is a beautiful car and she does not deny that: She stated there is 33 feet between the homes and they want to build a twenty foot carport there and in her opinion that is a double carport. She further stated if you take the 33 feet between the houses, outside wall to outside wall, take out the 11 feet from her outside wall to her property line, there will be 22 feet remaining and if you take away the 10 foot setback you will have 12 feet remaining for a carport without a variance. Mrs. Samples stated this will leave approximately 2.2 feet setback from her property and she is not adverse to the Prides having a carport, but stated had Mrs. Pride told her it was due to Mr. Pride's health that she wanted the carport, she would not be objecting to the variance requested. Mrs. Samples further stated if an attached carport is allowed at the Pride's residence, water flow will not be accommodated as it is now, and further stated if a brick wall is built around the base of the proposed carport, the water will have no place to go. Mrs. Samples presented a letter from a Northside Real Estate agent that stated in their opinion, "that if the city allows the side yard setback at 940 Magnolia Drive between 948 and 940 Magnolia Drive to be reduced to less than eight feet, would impact negatively the resell value of your property at 948." Mrs. Samples stated this is the crux of all of this. Mrs. Samples stated she is strongly opposed to the granting of this variance request. Mayor Bacon asked Mrs. Samples if her home was a two-story home. Mrs. Samples responded her home was not a two story home but did have an unfinished basement. Mayor Bacon then asked Mrs. Samples if the Prides build a carport, did she think it would cause a drainage problem in her basement. Mrs. Samples responded she did not know. -- Councilman Cramer asked Mrs. Samples if she would be opposed to a 12 foot carport being built by the Prides. Mrs. Samples responded she would not. Councilman Hawkins stated if variances are not opposed, most are approved. Mr. Hawkins stated he has no problem with what the Prides want to do, however, since the property owner most affected by the variance is opposed he feels he must oppose this variance request. He stated that if the city varies from the law and allows the Prides to build beyond the setback requirements and something happens, he feels the city could be partially liable. He stated if the neighbor most affected did not have an objection it would be on record that April 7, 1997, meetine - continued there was no objection by the neighbor. Mr. Hawkins stated he was going to vote to deny the variance and expressed hope that the neighbors could work something out and bring something before the council again for the council's approval. Councilman Hawkins asked the City Attorney if the variance is denied would the Prides have to wait a year before coming back before the Council. After review of the ordinance, Mr. Camp responded they would have to wait a year. ... Councilman Lnenicka asked Mr. Dungan to again describe the carport planned for the Prides. Mr. Dungan responded most of the homes in the subdivision, with carports, have hip roofs and that is what the Prides had planned. He further stated it would be shingled with hip roofs and this would be more attractive. Mr. Lnenicka asked how the carport would be supported. Mr. Dungan responded it would be supported by two outside poles with steps going down into the backyard. Mr. Dungan stated the twenty foot carport is requested in order to allow the overhang of two feet and would only come out 18 feet from the corner of the house. Mr. Lnenicka stated it appears that Mrs. Samples' home is slightly uphill from the Prides' property and Mr. Dungan responded that was correct. Mr. Lnenicka asked what would be done to control the drainage from the proposed carport roof. Mr. Dungan responded there would be gutters and down spouts but Mrs. Samples' home is uphill from the Prides'. Mr. Dungan stated the incline from Mrs. Samples' property to the Prides' property is very steep and they actually get the water from Mrs. Samples' property. Councilman Hawkins made a motion that the variance at 940 Magnolia Drive be denied. He further stipulated that if the two parties could reach a mutual agreement about the carport and come back for a variance request, he will waive the one year waiting period. Councilman Cramer seconded the motion. Motion to deny the variance was approved 4-2 with Councilman Wood and Councilman Lnenicka opposed.. (C) Variance Request - 3380 South Cobb Drive - Reduce Setback Requirements for Transmission Tower from 100 Feet to 45.7 Feet Mr. Smith stated Nextel Communications, Inc., is requesting the variance to erect a 150' tower on the vacant lot located next to Howard's Furniture Company. He stated the vacant lot is owned by Howard's Furniture Company and the antenna will be close to the furniture store. ... 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. Mayor Bacon asked the applicant to come forward. Councilman Hawkins asked Barry Gannon, representing Nextel Communications, to explain why the variance was needed. Mr. Gannon stated Howard's Furniture Store owner also owns three small additional parcels of land and they are requesting the variance because they do not meet the 100' setback requirement from the Howard's Furniture Store as required under the GC zoning. Mr. Gannon further stated they meet the setback requirements of being over 100' feet away from the neighboring property owners. Mr. Gannon stated the hardship is created by the fact that if they move the tower to meet the setback requirements from the furniture company, they will then infringe on the other offsite structures from neighboring property owners. He stated he feels his company has picked the best location in terms of being most unobtrusive. Mr. Gannon stated the tower sits 40' off South Cobb Drive and the parcel is at grade with the road then drops off 25 - 30 feet below grade. He further stated the tower location will be in the bottom part of the lot and the 10 x 20 foot equipment shed, and the base of the tower or the fenced in area surrounding it will not be visible from South Cobb Drive. Mayor Bacon asked what the tower is actually for. Mr. Gannon responded it is for Nextel Communications wireless communication system and have a digital system whereby they provide mobile phone coverage. ... Councilman Hawkins stated these towers are appearing everywhere but unfortunately are a fact of life. He further stated the towers are permissible and Nextel meets all the setback requirements from South Cobb Drive and the other buildings. Mr. Hawkins further stated this tower will be built to handle 31 carriers and stated for the record there is a letter from the Howard's Furniture Store owner encouraging the city to approve this variance and stating that they also own the lot on which the tower will be located. Councilman Hawkins made a motion the variance request at 3380 South Cobb Drive to reduce the setback requirements for a transmission tower from 100 feet to 45.7 feet be approved. Councilman Cramer seconded the motion. Motion was approved 6-0. Councilman Newcomb made a motion to suspend the rules to add an item to the agenda. Councilman Lnenicka seconded the motion. Motion was approved 6-0. Councilman Newcomb stated last fall the council heard a rezoning request on the Aunt Fanny's Cabin property April 7 J 1997, meeting - continned and denied that rezoning request. He further stated there is typically a one-year waiting period for accepting another rezoning request on that same property, however, he would like to make a motion to waive the one year waiting period requirement for this property. Mr. Newcomb stated he has been approached by the owners of the property and has been able to review the plans they have proposed for the development of that property. He stated he believes the proposed development is acceptable to waive the one year requirement for the purpose of accepting another rezoning application for the property. Councilman Newcomb stated this waiver does not approve any rezoning request, it just allows the applicant to submit his plans to the Community Development Department and ask for a rezoning. Councilman Newcomb made a motion the one year waiting period requirement for a rezoning on the property located on the Aunt Fanny's Cabin property be waived. Councilman Lnenicka seconded the motion. Motion was approved 6-0. ..... FORMAL RlJSTNESS. (A) Bid Opening (#97008) - Two (2) Mast Arm Poles for School Flashers - Ward Street Mayor Bacon asked if there were any bids in the audience. There were none. Three bids were received, opened and read as follows: R. J. Haynie and Associates Bass Signal Corporation A&P - New Georgia Signal Company $11,485 No Bid $10,616 Councilman Cramer made a motion the bids be turned over to the Public Works Committee for their review with a recommendation to be brought back before council at the next meeting. Councilman Lnenicka seconded the motion. Motion was approved 6-0. (B) Bid Opening (#97011) - Community Development Building Addition Mayor Bacon asked if there were any bids in the audience. There were none. Three bids were received, opened and read as follows: B. L. Law Construction Company Blaydes Construction Company Wayco Construction Company $37,900 $47,800 $44,120 ..... Councilman Hawkins made a motion the bids be turned over to the Community Development Committee for their review with a recommendation brought back before council at the next meeting. Councilman Cramer seconded the motion. Motion was approved 6-0. (C) Bid Opening (#97012) - Landscape Truck for Parks and Recreation Department Mayor Bacon asked if there were any bids in the audience. There were none. Three bids were received, opened and read as follows: Fouts Brothers Crown Sales Fouts DD Sales $30,450 $29,475 $30,355 Councilman Lnenicka made a motion the bids be turned over to the Parks and Recreation Committee for their review with a recommendation brought back before council at the next meeting. Councilman Wood seconded the motion. Motion was approved 6-0. (0) Validate Petition to Annex Parcels 31 and 33 of Land Lot 268 - North End of Head Drive - Sam Matthews, Applicant Councilman Cramer made a motion that the petition to annex Parcels 31 and 33 of Land Lot 268 as described ..... below, be validated and set a public hearing date of May 5, 1997. Councilman Wood seconded the motion. Motion was approved 6-0. All that tract or parcel of land lying and being in Land Lot 268, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly shown on survey prepared by Robert T. Weaver, Registered Land Surveyor, dated May, 1965, and being more particularly described as follows: April 7, 1997, meetine; - continued BEGINNING at an iron pin on the easterly right of way of Head Drive 200.5 feet northerly as measured along the easterly right of way of Head Drive from the corner formed by the intersection of the easterly right of way of Head Drive and the northerly right of way of Pineland Drive; running thence easterly a distance of 237.2 feet to an iron pin; running thence northerly a distance of 99.1 feet to an iron pin; tunning thence northwesterly a distance of 287 feet to an iron pin located on the easterly right of way of Head Drive; running thence southeasterly along the easterly right of way of Head Drive a distance of 162.8 feet to an iron pin and the point of BEGINNING. .. All that tract or parcel of land lying and being in Land Lot 268 of the 17th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: BEGINNING at a point on the westerly right of way of Head Drive a distance of 221.2 feet northwesterly following the curvature of Head Drive from the intersection formed by the northerly right of way of Head Drive, said point also being the northeast corner of Lot 11, Unit Three of way of Hurt Park subdivision, as recorded in Plat Book 21, Page 95, Cobb County Records; running thence northwesterly along the northerly lines of Lots 11, 12, 13, Unit Three of Hurt Park Subdivision a distance of 263.2 feet to a point; said point also being the northwest corner of Lot 13, Unit Three of Hurt Park subdivision; running thence northeasterly a distance of 112 feet to a point and the southerly line of the property now of formerly belonging to B. L. Webb; running thence southeasterly a distance of 189.2 feet to the westerly right of way of Head Drive; running thence southeasterly along the westerly right of way of Head Drive a distance of 146.4 feet to the point of beginning, said property being more particularly shown on a plat of survey by Robert T. Weaver, Surveyor, dated May, 1969. COMMERCIAl, RUTT .DING PERMITS' There were none. RIn AWARDS' .. (A) Bid Award (#97007) - Police Vehicles (4) Councilman Newcomb made a motion the bid be awarded to Gene Evans Ford, the low bidder meeting specifications, for a total price of $19,775/per car. Councilman Cramer seconded the motion. Motion was approved 6-0. (B) Bid Award (#97009) - Utility Pole Replacement and Ballfield Lighting System Upgrade Councilman Cramer made a motion the bid be awarded to Lynn Lighting, the low bidder meeting specifications, for a total cost of $134,224. Councilman Hawkins seconded the motion. Motion was approved 6-0. (C) Bid Award (#97010) - Electrical Services at Tolleson Pool Councilman Cramer made a motion the bid be awarded to Lynn Lighting, the low bidder meeting specifications, for a total cost of $20,400. Councilman Hawkins seconded the motion. Motion was approved 6-0. Councilman Newcomb made a motion to suspend the rules for the purpose of adding an item to the Consent Agenda. Councilman Lnenicka seconded the motion. Motion was approved 6-0. .. Councilman Newcomb made a motion that approval to use the Council Chambers on Wednesday, April 16, from 6:30 - 8:30 p.m. be approved for a neighborhood meeting. Councilman Hawkins seconded the motion. Motion was approved 6-0. CONSENT AGENDA' (A) Approval of March 21, 1997, Minutes (B) Approval to Request Bids - Replacement Service Truck - Public Works Department (C) Approval to Request Bids - Push-Rod Camera System - Public Works Department (D) Approval to Transfer $200,000 From R&E Fund to Water/Sewer Fund (E) Approval to Advertise Closing of Hughes Street and Grady Street April 7} 1997_ meetine - continued (F) Approval to Request Cobb County to Deed Two Atlanta Road Remnants to City of Smyrna (Land Lot 559, Parcels 32 and 34) (G) Approval of Revised FY97 CDBG Project List (H) Approval to Request Bids for Telephone and Computer Wiring at New Public Safety/Jail Facility (1) Approval to Use Council Chambers on Tuesday, April 15, 1997, From 7 - 9 P.M. for Lexington Trace Homeowners Association Meeting (J) Approval to Use Council Chambers - April 8,1997, from 7 - 9 P.M. for CMA Meeting (K) Approval to Use Council Chambers - April 16, 1997, from 6:30 - 8:30 p.m. for Neighborhood Meeting ..... Councilman Hawkins made a motion the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 6-0. COMMT1IF.E REPORTS' Councilman Wood reported the Human Resources Department received approximately 84 resumes and applications for the Purchasing Agent position and those are being reviewed. He also stated interviews will be scheduled with the top candidates within the next several weeks. Councilman Wood reported that National Library Week is April 13 - 17 and the Friends of the Smyrna Library will be meeting April 17 to honor the volunteers. He also reported there is a lecture series at the library on April 18 with Sandra Chastain as the featured speaker. Councilman Lnenicka stated the council has been looking at other developments by Joe Dewberry and this is an unusual thing for council since they will be considering the waiver of the one year waiting period required before reapplication can be made following zoning, for the Aunty Fanny's Cabin site. Councilman Lnenicka reported the city is still involved inthe FY98 budget process and will be meeting over the next two weeks to review budgets presented by the different departments. Councilman Lnenicka apologized to someone named Penny who had left a message on his telephone because he could not place a number or a last name to return her call. ..... Councilman Cramer reported the first indoor concert of the season will be held April 11 and the Dixieland Jazz Band will be performing. He reported there is limited admission and urged interested persons to call the Community Center. Mr. Cramer also reported on the Jonquil Festival, April 26 and 27; the Smyrna Night at the Braves, May 31; and registration for the summer Day Camp. Mr. Cramer read a letter of appreciation from a citizens commending Senior Park Ranger Lloyd Platt for his assistance recently. Councilman Hawkins stated there was an item approved on the agenda tonight to advertise the closing of Hughes Street and Grady Street. Mr. Hawkins stated this item will be advertised and a public hearing will be held May 5 on this issue. Councilman Newcomb stated citizens will have three opportunities to come and see information on the proposed new subdivision for the Aunt Fanny's Cabin property. He stated information will be provided at the April 16 neighborhood meeting, the rezoning request will be heard by the Planning and Zoning Board and a public hearing will be scheduled for a Council meeting. With no further business, the meeting adjourned at 8:45 p.m. ..... April 7, 1997, meetine - continued /~ Otlk-!~ !1J~~ A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK -- O-hMUx-'>'~):, -----;Z,.) ~ CHARLENE CAPILOUTO, WARD 1 RON NEWCOMB, WARD 2 ~ />1. -;/~ ES M. HAWKINS, WARD 4 ~kv~ WADE S. LNENICKA, WARD 6 c?~~a/-A CHARLES PETE WOOD, WARD 7 .. ..