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August 2, 1993 Council Meeting August 2. 1993 The regular scheduled meeting of Mayor and Council was held August 2, 1993 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 except for Ron Newcomb, who was out of town. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Parks and Recreation Director Steve Ciaccio, Library Director Laurel Best, Police Chief Stanley Hook, Community Relations Director Kathy Barton, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt, Fire Chief Larry Williams, Personnel Director Mary Ann White, Accounting Supervisor Claudia Edgar and representatives of the press. Invocation was given by Lee Delbridge, pastor of Smyrna Christian Church followed by the pledge to the flag. Citizens Input: Personnel Director Mary Ann White presented the Employee of the Month award to Desiree ... Causey, Administrative Assistant in the Detective Division. Dick Hagman of 3285 Campbell Road, Bill Chafin of 3284 Campbell Road, and Linda Gordon of 3305 Campbell Road represented a group of residents asking for help with the speeding and traffic on Campbell Road. Mr. Hagman said that about 4 years ago a petition was signed by everyone on the street asking for a stop sign but it was refused based on the recommendation of the traffic engineer. Two years ago, 22 signed a petition asking for a stop sign and still nothing has been done. In addition to speeding, there is a considerable amount of traffic from trucks which also exceed the weight limit. Mr. Hagman said they recommended lowering the speed limit to 25 MPH and possibly installing speed bumps. Chief Stanley Hook said he was not aware of the problem but he would address it this week. Mayor Bacon said he would personally not be in favor of lowering the speed limit to 25 MPH because we tried that on Church Road and it did not help and felt the best solution was additional patrol. Councilman Lnenicka agreed that the speed limit should not be lowered because at 25 it cannot be enforced through the use of radar. Mr. Lnenicka said he would like for our City Engineer to conduct a traffic study and provide a recommendation regarding the installation of stop signs. Nancy Heard introduced Alexander Glasnov from Russia, visiting Smyrna through the Freedom Exchange Program. Mayor Bacon and council welcomed Mr. Glasnov, who is also the Mayor from his city. PUBLIC HEARINGS: (A) Variance request - 1912 Turpin Road - reduce side yard setback from 10 feet to 0 feet ... Bob Thomson stated that Mr. Tommy Clark is requesting a variance to allow the addition of a carport to his home. Letters were submitted from the adjacent neighbor stating they have no objections and there was no opposition from the audience. Councilman Scoggins said he visited with Mr. Clark this afternoon and leamed that he does not need a 0 foot setback, he actually needs a 2 foot setback because he will be 8 feet from the property line. Councilman Scoggins made a motion the variance be approved to reduce the side yard setback from 10 feet to 2 feet. Councilman Hawkins seconded the motion which carried 6-0. (B) Variance request - 2115 Jarrod Place - reduce front yard setback from 35 feet to 25.57 feet and side yard setback from 10 feet to 5 feet Bob Thomson stated that Province Properties, Inc. has a contract for new construction at 2115 Jarrod Place and they are requesting these variances to insure back yard privacy. The applicants were sworn in by Mr. Camp along with two homeowners who were opposed. Dennis Burger represented Province Properties and stated they had a contract for specific plans and the prospective owners had requested that the home be situated on the lot in such a way as to give back yard privacy. A letter was submitted from the owners of the adjacent Lot 94, David and Anna Gillon, stating they had no objections to the variance. Mr. Burger said they felt the variance would allow the placement of the home in a manner that would enhance the streetscape and provide backyard privacy. ... Councilman Lnenicka read the letter from David R. and Anna O. Gillon, as future owners of lot 94, stating they have no objections to the variance being requested on Lot 93. Mr. Lnenicka said this is a pie shaped lot and asked if it could be positioned differently, so that a variance would not be required. Mr. Burger said if the home faces the cuI de sac, they will have no back yard privacy; if you turn it the other way you have the same problem. This is the most agreeable. The house is under contract for $325,500 and will contain 3700 square feet, with a stone and stucco exterior. Ed Harless of 2000 Roydon Court and President of the Vinings Glen Association said they first became aware of the variance over the weekend and had not had sufficient time to review the plans. Mr. Harless said the only way they knew of the variance was through information left by Mr. Lnenicka at his home and while they may not have any objections, felt they should have time to review the plans. Tom Harper of 1020 Vinings Falls said there are numerous problems with this change and said a 5 foot setback was not consistent with the quality of the neighborhood. When this area was rezoned, council granted the developers at that time a variance on 10 of 16 lots that they designated. Mr. Harper said this property was sold two weeks after August 2. 1993 meeting: - continued the zoning and variances were granted to Mr. Peavy and Mr. Eubanks. Mr. Harper said there are several restrictive covenants which are also being ignored by the builders including tree preservation and exterior finish of homes and they are tired of being ignored by the builders who are getting special dispensation from the council. Mr. Harper said he agreed with Mr. Harless; they should get their act straight with the homeowners association and start complying with the restrictive covenants. Mr. Harper said they were not entitled to special dispensation under the circumstances and council should not grant their request. Mayor Bacon said as a matter of clarification, these developers have never been before council for a variance and if there is a violation of the covenants, that is not within the City's power to enforce. Mayor Bacon said this was the first that he knew of the sale of the property and was not aware that the original owners were no longer involved in the development. .... Councilman Lnenicka stated that if a 5 yard setback was immediately adjacent to a house with a 10 foot setback it would not be appropriate. However, in this case we have a 5 foot setback on one side and 29 feet on the other side and council needs to decide whether or not a total of 34 feet is adequate given that 20 feet is the minimum. Also, he was not aware that the homeowners association had some concerns with a lot of other issues until last night when he talked to Ed Harless and he had suggested that a meeting be arranged next week with the builders, building inspector, and homeowners association to address these issues, and his plan tonight was to table the request until the questions could be resolved. Karen Avison of 3881 Glenhurst Drive, Vice President of the Association said she had talked to some of the builders and advised them that the shingled siding was against the covenants of the subdivision and also requested some time to meet with the builders. Mr. Burger said they do have approximately 34 feet between the homes and all the homes are spaced uniformly and neatly. The issues raised tonight seem to focus on architectural control committee covenants which they were made aware of today. Mr. Burger said he had talked to Mr. Eubanks and tried to reach Mr. Peavy and was not aware of any variances requested on Jarrod Place previous to this one tonight and felt it should stand on its merit and not the decision of the architectural control committee. Councilman Lnenicka agreed the variance should be considered on its merit as stated by the applicants but the homeowners have also made a valid point. This is being built in a subdivision with an active and formed homeowners association who, for whatever reason, only became aware of this variance 24 hours ago. Mr. Lnenicka said he felt they should have some time to review the plans and also if there are other issues that should be resolved they will do that at their meeting next Monday night. Councilman Lnenicka made a motion the variance be tabled to the meeting of August 16, 1993. Bill Scoggins seconded the motion which carried 6-0. ....., (C) Adoption of City of Smyrna's Solid Waste Management Plan Bob Thomson said the Solid Waste Management Plan has been approved by the Atlanta Regional Commission and Department of Community Affairs and was not edited since the draft was approved on May 3, 1993. This plan is required by the Georgia Comprehensive Solid Waste Management Act of 1990. Councilman Bill Scoggins read a resolution that the Solid Waste Management Plan be officially approved and adopted. Councilman Jim Hawkins seconded the motion which carried 6-0. (D) Transfer of pawn shop license - Atlanta Pawn II Councilman Jim Hawkins made a motion the application be tabled to August 16, 1993, to allow the Police Department time to complete their background investigation. Councilman Bill Scoggins seconded the motion which carried 6-0. (E) Privilege license - retail pouring of beer, wine and liquor - The Lemon Peel Showbar, Inc. Bob Thomson stated that B. Don Gravley has applied as owner and manager of the New Lemon Peel Show Bar, formerly known as Platinum Plus. There was no opposition and the applicant was not present. Councilman Jack Cramer said that our ordinance requires the applicant appear for the hearing before a license may be granted. Councilman Cramer made a motion the license be denied, seconded by Councilman Pete Wood. Councilman Lnenicka said there are some other issues that would be part of his decision in casting his vote. Mr. Gravley has applied for a restaurant license and that is normally a permitted use. However, we have a letter from Chief Hook stating that on July 9 and 10, he and other officers visited this location and issued a total of 15 summonses after personally witnessing three violations of the City's Adult Entertainment ordinance. There seems to be some question as to whether this establishment will be a restaurant or adult entertainment establishment. Under the Adult Entertainment ordinance which has been upheld by the Supreme Court of Georgia, no alcoholic beverages may be served in that type establishment. Vote on the motion to deny the license carried 6-0. ..... August 2. 1993 meeting - continued FORMAL BUSINESS: (A) Ordinance amendment - establish Cemetery Trust Fund Bob Thomson said the Historic Review Committee wishes to preserve the City's older cemeteries and has developed an ordinance to create a Smyrna Cemetery Association which will have a trust fund to allow continual maintenance for the cemeteries. Councilman Scoggins made a motion the ordinance be approved as written. Councilman Jack Cramer seconded the motion which carried 6-0. A copy of the ordinance is on file and available for review in the City Clerk's office. ... Vote on the motion carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to report. CONSENT AGENDA: (A) Approval of July 19, 1993 minutes (B) Ratify decision of Planning and Zoning Board - 5020 Hickory Mill Drive, Lot 10 Councilman Jack Cramer made a motion the consent agenda be approved. Councilman Wood seconded the motion which carried 6-0. COMMITTEE REPORTS: Councilman John Patrick stated an artist from Marietta by the name of Greg Rice had his work on display at the Smyrna Library during the month of August and invited the public to view the exhibit. Mr. Patrick then called on Laurel Best for a report from the Library. Councilman Bill Scoggins called on Kathy Barton for a report from Community Relations. Mrs. Barton reported that the Adopt-a-Highway program last Saturday was very successful and a number of volunteers picked up litter on South Cobb Drive. The State Department of Transportation also cleaned all exit ramps from 1-285. Mrs. Barton stated that on September 11th, Kroger in Smyrna will have a benefit for "Safe Kids of Georgia" and celebrities will ... donate their time to bag groceries. Money will go to the local STEP units of the Police departments. Councilman Jack Cramer called on Steve Ciaccio for a report. Mr. Ciaccio invited everyone to the Community Center on Sunday, August 8th, for a tour of the community center and library, sponsored by the Architectural Institute of America. Councilman Cramer reported on his recent Ward 5 meeting where about 75 people attended. Councilman Lnenicka reported that our city engineer just attended a meeting in Cobb County to discuss the rewning of property on Atlanta Road at Paces Ferry, just outside the City Limits. Owners are proposing to rewne the 15 acre tract from PSC to multi-family for a 304 unit apartment complex. Mr. Lnenicka said while it is in the County, the proximity will affect Smyrna and invited everyone to the public hearing on September 21st. Councilman Lnenicka also thanked Vic Broyles for the work done recently on the creek at Ridgehurst Drive. With no further business, meeting adjourned at 8:40 p.m. ~~ ...