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July 17, 1995 Council Meeting July 17. 1995 The regular scheduled meeting of Mayor and Council was held July 17, 1995 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Chief Building Inspector Scott Stokes, Parks and Recreation Director Steve Ciaccio, Interim Library Director Doris Morris, Community Relations Director Kathy Barton, Assistant Public Works Director Ray Curtis, Clean & Beautiful Coordinator Ann Kirk, Personnel Officer Chris Corey, Finance Director Claudia Edgar, Fire Chief Larry Williams, City Engineer Ken Hildebrandt and representatives of the press. ... Invocation was given by John Hearst, pastor of Mt. Zion Baptist Church followed by the pledge to the flag. CITIZENS INPUT: Nothing to report. PUBLIC HEARINGS: (A) Alcoholic beverage license agent change - Pizza Hut of America, Inc. - 3815 South Cobb Drive Bob Thomson stated that Connie Williams had applied as the agent for this establishment and has been the Assistant Manager for the past 5 years for Pizza Hut. It appears that Ms. Williams meets the ordinance requirements and the Police investigation revealed nothing to preclude the issuance of this license. There was no opposition. Councilman Hawkins asked Ms. Williams how long she had been employed by Pizza Hut. Ms. Williams said she had 8 1/2 years with the company and was the assistant manager. Councilman Hawkins reminded Ms. Williams that as the agent she would be the person responsible for any infractions of the laws and asked about their training program. Ms. Williams said they trained their employees how to check identification and also required that they obtain ... pouring permits from the City. Councilman Hawkins said this is an on-going operation and made a motion the license be approved as requested. Councilman Wade Lnenicka seconded the motion which carried 7-0. (B) Variance request - 4600 Saddle Court - reduce side yard setback from 23.34 feet to 17 feet Bob Thomson said the applicants, John and Sabra Pidgeon are requesting this variance to correct an encroachment that has existed for several years. Councilman Pete Wood said that apparently when this house was constructed there was an encroachment on the side yard setback that was not discovered until 1991 when the owners refinanced. Mr. and Mrs. Pidgeon are now in the process of selling the home and need to correct the encroachment through the approval of a variance. Councilman Wood said that letters have been obtained from the adjoining property owners giving their consent to the variance. There was no other opposition and Councilman Wood made a motion the variance be approved as requested. Councilman Lnenicka seconded the motion which carried 7-0. (C) Variance request - 2530 Hargrove Road - satellite dish on roof .... Bob Thomson said the applicant, Computer City at Heritage Pavilion, has requested a variance to mount a satellite dish on the roof of their new store which will be effectively screened on all four sides by the buildings parapets. There was no opposition. Councilman Patrick said he had visited the cite and saw no reason for opposing the installation of the satellite dish. Councilman Patrick made a motion the variance be approved seconded by Councilman Bill Scoggins. 'ii July 17. 1995 meeting - continued Cara Hall represented Computer City and stated this is a new retail store at Heritage Pavilion specializing in computer hardware and software. The requested satellite dish will be used for to track inventory by recording what is purchased so that their inventory can be kept current. Placement of the dish in the rear yard would be difficult because of the extreme distance between the building and its rear yard. The dish itself will have a maximum receiving area of 32 square feet and a maximum height of 7' 2" and will be screened on all four sides by the buildings parapets. Councilman Hawkins said he thought we should be consistent in granting variances and approximately one year ago a variance was denied to install a satellite dish on the rooftop of a ... home in a residential area. There has been some discussion about amending the ordinance to allow the dishes on roof tops only in commercially zoned areas which he would support, but still felt that they were inappropriate in residential areas. Ms. Hall said the use of satellite dishes for retail stores is a common practice today. Councilman Newcomb said at the work session they did discuss the use of satellite dishes in commercially zoned areas which he also would support. Vote on the motion to approve the roof mounted satellite dish carried 7-0. (D) Variance request - 5005 Rose Court - reduce front yard setback from 20 feet to 14 feet Bob Thomson stated that Jack Thompson is requesting this variance on Lot 9 of Chateau Walk subdivision because of the size and topography of the lot requires that the house be moved 7 feet closer to the street. There was no opposition. Councilman Cramer asked Mr. Thompson to explain the need for the variance. Mr. Thompson said when they first began the subdivision the homes were in the $80,000 to $90,000 price range and they are now building larger homes in the $130,000 price range. Because the rear portion of this lot drops off so quickly, it was necessary to move the house 7 feet closer to the street. Mr. Thompson said that letters have been obtained from both adjoining neighbors stating they have no opposition to the variance. .. Councilman Lnenicka asked Mr. Thompson if this house would also encroach into the sewer easement. Mr. Thompson said the front comer of the house would encroach about 2 feet into the 20 foot sewer easement. Attorney Camp advised that if there is an encroachment into the sewer easement that would also require a waiver. Councilman Lnenicka called on City Engineer Ken Hildebrandt and asked if he had any objections to the way the house is shown on the plan. Mr. Hildebrandt said he thought they could work around the sewer encroachment since it was just on the comer of the house. After further discussion Councilman Cramer made a motion the variance be approved as requested. Councilman Patrick seconded the motion which carried 7-0. (E) Variance request - 4720 Vineyard Court Lot 70 - reduce left side yard setback from 7.5 feet to 6.75 feet Bob Thomson stated that Jack Thompson is also requesting this variance at Chateau Walk subdivision for Lot 71. John Reed asked to speak in opposition and was sworn in with Mr. Thompson by Attorney Camp. Mr. Thompson said this is a pie shaped lot and the size and placement of the house cause the ..... back comers to encroach into the side setbacks. This is the only remaining lot in Phase II and the adjacent lot was sold to another builder and he placed his house closer to the property line than was expected. John Reed of 4718 Vineyard Court said he was the owner of Lot 69 and was opposed to the variance because this is a 2 story house and would be a hazard to his home if there was a fire. July 17. 1995 meeting - continued Also, Mr. Thompson failed to contact him before the hearing tonight to discuss the variance as he had stated that he would. Mr. Reed said the owner of Lot 71 was also opposed to the variance but could not be present tonight. Councilman Cramer made a motion the variance request be tabled to the next meeting to give him an opportunity of meeting with Mr. Thompson and Mr. Reed. Councilman Newcomb seconded the motion which carried 7-0. .... (F) Variance request - 4720 Vineyard Court Lot 70 - reduce right side yard setback from 7.5 feet to 6.75 feet Councilman Cramer made a motion this variance also be tabled until he could meet with Mr. Thompson and the affected property owners. Councilman Newcomb seconded the motion which carried 7-0. (G) Variance request - Parkland Place subdivision pool - reduce rear yard setback from 30 feet to 10 feet Bob Thomson sated that Kip Berry of Benchmark International is requesting this variance to add a deck and gazebo to the pool at Parkland Place subdivision. There was no opposition. Councilman Wood asked Mr. Berry to explain his need for a variance. Mr. Berry said that the homeowners of the subdivision had recommended that the recreation area be increased and while they have a nice pool the deck is only 10 feet. They recommended that the deck be enlarged and a gazebo added to make the area more functional. Councilman Wood said the area is very narrow and the residents are trying to enhance their development. The adjoining property owner is Mr. Whitner and he has been notified of the hearing tonight. Mr. Wood said he met with Mr. Whitner over the weekend and he said he was ... not sure of how the development would affect him. Councilman Wood said the expansion of the deck area would not cause the terrain to be altered in any way and would have no affect on water runoff or drainage onto Mr. Whitner's property. The only other concern expressed by Mr. Whitner was trash and debris being thrown behind the existing deck and pool. Mr. Berry said that was something that he would discuss with the homeowners at their next association meeting. Councilman Wood made a motion the variance be requested as approved to expand the pool deck area and add a gazebo for Parkland Place subdivision. Councilman Hawkins seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Authorize Mayor to sign agreement for Cooper Lake Road project Bob Thomson said this was a joint agreement between the City and Cobb County which would allow the City to provide water service to the homes on Cooper Lake Road. .... Councilman Wood made a motion approval be given for the Mayor to sign the agreement, seconded by Councilman Newcomb. Councilman Hawkins said this is a joint venture between the City and County and was, in his opinion, a very positive step. This agreement will allow the City to tap the Cobb County lines to provide water and sewer service to the new subdivision on Cooper Lake Road and save the City a substantial amount of money by not running their own lines. Vote on the motion to authorize the Mayor to sign the agreement carried 6-0. Councilman Cramer was absent from the council chambers when the vote was taken. COMMERCIAL BUILDING PERMITS: Nothing to report. July 17. 1995 meeting - continued BID AWARDS: (A) Computer maintenance contract Councilman Wood made a motion the contract be awarded to Equitrack, the low bidder at $10,212 annually. Councilman Newcomb seconded the motion which carried 6-0. Councilman Cramer was absent from the council chambers when the vote was taken. (B) Mimosa Circle water line ~ Council Scoggins said the Public Works Committee had met and based on their recommendation, made a motion the bid be awarded to Ralph Ardito Construction, the low bidder at $7,968.25. Councilman Cramer seconded the motion which carried 7-0. CONSENT AGENDA: (A) Approval of July 3, 1995 minutes (B) Approval to request bids - John Deere 710 backhoe (C) Approval to request bids - street cutting (D) Appoint Planning and Zoning Board Chairman - Hubert Black (E) Approve increase of public safety liability insurance policy to $3 million Councilman Scoggins made a motion the consent agenda be approved. Councilman Wood seconded the motion which carried 7-0. COMMITTEE REPORTS: Councilman Patrick called on Doris Morris for a report from the Library. Mrs. Morris reported on the summer reading program and reported the overall circulation has increased. Ms. Morris displayed a sample of the fabric art work now on display by James E. Lee at the Library. Next Monday, July 24th the new Library Director will begin and Mrs. Morris said she and the entire staff welcomed his arrival. Also, special appreciation was expressed to the Mayor and Council for allowing her to come back and serve the citizens as interim director. willi Councilman Newcomb reported that property owners on Spring Road are now involved in negotiations with the county DOT concerning property acquisitions for the widening project. Also, the Corps of Engineers is still reviewing the permit for the Poplar Creek project and we are still awaiting their approval. Councilman Scoggins called on Kathy Barton for a report. Ms. Barton said she recently had the opportunity of providing a display with handouts at the Galleria for a Lockheed management group and she is also exploring the possibility of advertising our city on InterNet. August 11 will be the birthday celebration of Phase I of our downtown development, with Banks and Shane in concert and fireworks following. Ms. Barton said the city's economic profile is being updated and she is working on that project with the Department of Industry and Trade. Ann Kirk reported that the Adopt-a-Mile program would be this Saturday from 8:00 a.m. to 11:00 a.m. Volunteers are still needed, and will meet at the Recycling Center. Mayor Bacon challenged other council members to join him that day and paraticipate in the cleanup program. Mrs. Kirk reported on the curbside recycling program and stated that 185,000 pounds of materials was picked up last month at curbside for an annual total of 2,190,968 pounds for the willi year. Savings to the City in tipping fees is $31,769. Mrs. Kirk also stated that stickers are available at City Hall or can be ordered by phone for the handbook ordinance. It is now illegal to place handbills on mailboxes displaying the stickers. Councilman Scoggins reported that the Historical Review Committee met last week and they July 17. 1995 meeting - continued have collected $3500 to date for inscribed bricks for the "Walk of Honor" in the Smyrna Cemetery. Bricks are still available for $50 each. iIIIIIIl Councilman Hawkins called on Fire Chief Larry Williams for a report. Chief Williams advised that due to the drought conditions, outdoor burning has been suspended. Councilman Hawkins said that some counties have already imposed water restrictions and asked about the city's status. Chief Williams said he thought we were in good shape at this time but if we continue without rain, the Cobb Water Authority would make the decision as to whether or not to impose an outside watering ban. Councilman Cramer called on Steve Ciaccio for a report. Mr. Ciaccio reported that the next concert is August 11 from 8:00 p.m. to 10:00 p.m. Entertainment will be provided by Banks and Shane, with fireworks following the concert in celebration of the second anniversary opening for the Community Center and Library. Tables may also be reserved by calling the Community Center. Mayor Bacon advised that Friday night there was also an antique car show sponsored by the "Creepers". One of the organizers of the car show, Pop Booth, passed away unexpectedly yesterday. Mayor Bacon expressed his condolences to Mr. Booth's family. Councilman Cramer expressed his condolences also to the family of Randy Wood, a resident of Ward 5 who recently passed away. Councilman Lnenicka called on Chief Hook for a report from the Police Department. Chief Hook reported on traffic statistics for the first 6 months of this year and stated that traffic enforcement is about normal. Adult arrests are up about 20% from last year with homicides about the same and a decrease in rapes of 64%. Robberies are down 15%, aggravated assaults are down, burglaries are up and auto thefts about the same. Motor vehicle thefts jumped by a 51 % increase with motor vehicle accidents up 12% over last year. DUI arrests are down, with .... 361 this year as compared to 385 last year. Chief Hook also reported on several notable arrests made in the last few weeks. Councilman Lnenicka reported that sidewalk construction on the remaining uncompleted portion of Campbell Road begin the week of July 24th. Councilman Lnenicka also stated that when you travel west on Campbell Road at the intersection with Atlanta Road there is only one lane and Cobb County had originally advised that they would not provide left and right turn lanes. They have now agreed when the paving and striping of Atlanta Road is complete, to provide both right and left turn lanes which should help to keep traffic moving. Councilman Lnenicka reported that a Neighborhood Watch group is sponsoring a block party on Jane Court Sunday afternoon, July 23 and both he and Mayor and Bacon would attend. Councilman Pete Wood advised there was no report from the Finance Department. With no further business, meeting adjourned at 8:42 p.m. -- July 17. 1995 meeting - continued /~ A. MAX BACON, MAYOR ..." CHARLES ..." ....,