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May 17, 1993 Council Meeting May 17. 1993 The regular scheduled meeting of Mayor and Council was held May 17, 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. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Public Works Director Vic Broyles, Fire Chief Larry Williams, Parks and Recreation Director Steve Ciaccio, Police Chief Stan Hook, Childrens Librarian Tonda Morris, Personnel Director Mary Ann White, Community Relations Director Kathy Barton, City Engineer Ken Hildebrandt, Finance Director Jim Triplett and representatives of the press. Mayor Bacon announced that Marietta Mayor Joe Mack Wilson passed away this afternoon. Councilman Pete Wood gave the invocation with a silent moment of prayer for Mayor Wilson and his family, _ followed by the pledge to the flag. CITIZENS INPUT: Councilman Jack Cramer recognized Michael Justus for his valiant efforts in administering CPR to a Senior Citizen who had a heart attack at the Community Center on May 4th. Councilman Cramer also commended Steve Ciaccio for his life saving efforts. Councilman Lnenicka presented an engraved plaque to Rowland Davidson in appreciation for serving on the Smyrna Housing Authority from July 2, 1990 to May 2, 1993. Mr. Davidson unfortunately moved out of the ward and could not be reappointed to Ward 6. Steve Ciaccio introduced four new employees of the Parks and Recreation Department, Jimmy Graves, Jay Allen, Brian Beatty and Hong Do and welcomed them to the City. PUBLIC HEARINGS: (A) Zoning request - 8.32 acres between Hurt Road and Concord Road from RTD Residential Townhouse District to RAD conditional Bob Thomson stated that Tommy Eubanks with Glen Devon, Inc. is requesting this rezoning to allow development of 41 single family homes with an overall density of 4.93 units per acre. Homes are expected to be in the $80,000 to $90,000 price range. There was no opposition. - Mr. Eubanks said they had met several times with nearby homeowners to discuss building plans. They feel there is a need for homes in this price range and the change of zoning will decrease the density currently allowed from 102 housing units to 41 units. Some of the property parallels Concord Road and will be landscaped to provide a buffered view. A homeowners association will also be formed to maintain the neighborhood. Councilman Pete Wood made a motion the zoning be approved from RTD to RAD Conditional for single family detached home be approved subject to the following conditions and with the further stipulation that these conditions will run with the property. 1. The development be built in accordance with the preliminary plan prepared for Peavy & Gibson by Franzman/Davis & Associates, Ltd., revised April 13, 1993. 2. Cul-de-sacs will have a minimum 50 foot radius of pavement and 60 foot radius right of way. 3. Minimum lot width at setback line will be 50 feet. 4. Minimum side yard setback for the one parcel which abuts Concord Road will be a minimum of 20 feet along Concord Road. 5. Lots that back up to Hurt Rod will have a minimum 10 foot undisturbed buffer. - 6. The developer will create a homeowners association that will be effective after the sale of 60% of the lots in the development. 7. The developer will submit in writing their answers relating to the city's zoning review standards as listed in Section 1508 of the Smyrna City Code. Councilman Jim Hawkins seconded the motion. Councilman Newcomb asked if the side yard setback would be 1/2 foot. Councilman Wood said it was 5 feet and specified on the referenced plans. The Planning and Zoning Board did recommend approval and the stipulations mentioned were also spelled out by the Planning and Zoning Board. Ken Hildebrandt said the original plans called for a zero side May 17. 1993 meeting - continued yard setback and they compromised at 1/2 foot, but the latest revised plans call for a 5 foot setback. Vote on the motion to approve carried 7-0. (B) Variance requests (2) - 1009 Powder Springs Street - International Church of the Four Square - allow 3 structures per lot - exception to minimum 1150 square foot building size Bob Thomson stated that the Four Square church is requesting the variances to allow renovation of an existing 650 square foot building on their property at 1150 Powder Springs Street. The house would be used to house ministers who serve in the community on a temporary basis. This item was tabled from the last meeting and there was no opposition. ..... Councilman Hawkins said at the last meeting this request was tabled until our City Administrator could meet with representatives of Home Depot and we have learned that they are sponsoring some rehab work through donation of materials to the church. Reverend Akinosho said the building now is used for storage and they would like to convert to a guest house for ministers to stay when they are visiting. Councilman Hawkins asked if there were any plans to convert this building to a permanent residence. Reverend Akinosho said there were not. Councilman Hawkins said they are requesting two variances; one to allow three structures on the lot and the other to reduce the minimum allowable square footage from 1150 to 650 square feet. The three buildings are already on the property and have been prior to adoption of the current zoning ordinance. Under our current ordinance any change to a nonconforming use requires a variance approval. Councilman Hawkins made a motion the variances be approved with a stipulation that the small house on the lot could never be used for a permanent residence. Councilman Ron Newcomb seconded the motion which carried 7-0. (C) Annexation of 15.5 acres at 671 Austin Drive Councilman Wood stated this petition was validated at the April 19, 1993 meeting and proper legal advertisements have been made. There was no opposition and Councilman Wood made a motion the property be annexed into the City and made a part of Ward 7, effective June 30, 1993. Councilman Jack Cramer seconded the motion which carried 7-0. ..... FORMAL BUSINESS: (A) Ratify decision of hearing officer - 3086 Highland Drive Councilman Ron Newcomb stated the owner, David Witt, has allowed this property to become a dump. The neighbors have complained and a process was begun under the ordinance to have it repaired. Repairs were begun but it is still not completed. The hearing officer is recommending that we resume legal action to require the owners to complete the renovation within 30 days and eliminate the hazard that exists at this point. Councilman Newcomb made a motion the hearing officers decision be upheld and ratified by requiring the owners to complete needed repairs within 30 days in accordance with OCGA 41-2-7 through 41-2-17. Bill Scoggins seconded the motion which carried 7-0. (B) Ratify decision of hearing officer - 1825 Lochlomand Drive Councilman Ron Newcomb stated the owner of this property, Phyllis Rithmire, was notified in a meeting with the building hearing officer that the structure on this property could be repaired and made tenable for less than one-half of the appraised value. The house was heavily damaged by fire and the owners of the property desired that the insurance company declare it a total loss but they declined and believed it to be repairable. Apparently the decision by the building officer concurred with that of the insurance company. ..... Councilman Newcomb made a motion the hearing officers decision be upheld and ratified by requiring the owners to complete needed repairs within 60 days in accordance with OCGA 41-2-7 through 41-2-17. Councilman Scoggins seconded the motion which carried 7-0. (C) Ratify decision of hearing officer - 1639 Com Road Councilman Scoggins said the buildings hearing officer also conducted a hearing for Pinecrest Apartments on April 14, 1993 to determine if the premises were habitable. The determination of the hearing officer was that the City would proceed to effectuate the repair of this property within 120 days. Councilman Scoggins made a motion the decision of the hearing officer be upheld and ratified by requiring the owners to complete needed repairs within 120 days in accordance with OCGA 41-2-7 through 41-2-17. Councilman Newcomb seconded the motion which carried 7-0. (D) Revisions to Chapter 3, Alcoholic Beverage ordinance Bob Thomson stated that in conjunction with the ordinance re-write and reformatting underway by Municipal Code Corporation, an ad hoc committee was formed to review the existing alcoholic beverage ... ordinance for inconsistencies and make changes or re-write as needed. The purpose of the hearing tonight is to notify the public that revisions are being made to the ordinance and that a vote will be taken at the June 7, 1993 meeting as required by Section 3-2.1. Councilman Newcomb said the issue tonight is to give public notice that an amendment will be discussed at the next meeting. Councilman Newcomb made a motion the ordinance amendments, including distance amendments be made available for public inspection no later than 10 days prior to the meeting of June 7, 1993 and that it be placed on that agenda for consideration. Councilman Jack Cramer seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Chicago Sports Bars, Inc. requested a permit for new construction of Grand lllusions, a sports bar and restaurant to be located at 3110 Sports Avenue. Total estimated cost of construction is $3,750,000. Councilman John Patrick made a motion the permit be approved. Councilman Newcomb seconded the motion which carried 7-0. BID AWARDS: (A) Copier for Court Services Division Councilman Jim Hawkins made a motion the bid be awarded to Danka Business Systems the low bidder ... at $4,613. Councilman Cramer seconded the motion which carried 7-0. CONSENT AGENDA: (A) Approval of May 3, 1993 minutes (B) Approval to request bids - hydrologic study - Poplar Creek Councilman Pete Wood made a motion the consent agenda be approved. Councilman Hawkins seconded the motion which carried 7-0. COMMITTEE REPORTS: Councilman John Patrick called on Childrens Librarian Tonda Morris for a report from the Library. Councilman Ron Newcomb called on Mary Ann White for a report from Personnel. Mrs. White stated the City has implemented a Weight Watchers at Work program and also reported on job vacancies in the City. Also, the City will sponsor a blood drive at the Community Center on May 20th. Councilman Newcomb said the hydrologic study approved on the consent agenda tonight would be good news for the people living on the upper end of Highland next to Poplar Creek and this is the first step to drainage improvements through a possible detention area on the upper end of the creek. Councilman Newcomb said he was pleased that tonight we had taken action to force repairs on two ... structures in his ward and felt that the number one complaint that he continued to receive is that of maintaining cleanliness at homes and businesses. Any complaints or violations should be reported to our City Marshal. Councilman Bill Scoggins called on Kathy Barton for a report from Community Relations. Mrs. Barton reported on the recycling program and this Saturday the recycling center will be accepting junk mail, magazines, steel cans, styrofoam, etc. as part of the Spring Into Recycling Program sponsored by WXIA and Georgia Clean and Beautiful. May 17. 1993 meeting - continued Councilman Cramer said a pamphlet will be going out next month from the Community Development Department to caution citizens about the people they hire for home improvements and call the Community Development Department first to make sure they are bonded and permitted to do the work. Councilman Scoggins called on Vic Broyles for a report from Public Works. Mr. Broyles reported on the chipping program and said they are behind schedule in delivering chips and because of demand, now require that the first two loads per day be delivered back to Public Works. Also, the blinking lights on Church Street are being installed and speed limit signs have already been changed to reflect the 25 MPH speed zone. Striping on Ridge Road has been completed and Councilman Lnenicka expressed his appreciation to Joe Thompson and the County for their assistance in this project. .... Councilman Jim Hawkins called on Larry Williams for a report from the Fire Department. Chief Williams reminded everyone that voter registration is available at all fire stations. Councilman Hawkins said he was shocked at the death of Mayor Joe Mack Wilson who was one of the most influential political leaders in our State for many years. He will be missed and Councilman Hawkins expressed his condolences to the Wilson family. Councilman Cramer called on Steve Ciaccio for a report from the Parks and Recreation Department. Mr. Ciaccio said that anyone who is interested in providing instructional classes for adults should contact his office. Councilman Wade Lnenicka called on Police Chief Stanley Hook for a report. Chief Hook said that Officer Randy Dobson is the officer who first discovered drugs in a house on Teasley Drive and reported it to the Marietta Cobb Smyrna Narcotics Office for a raid which resulted in a million dollar drug seizure. Councilman Lnenicka commended several officers and employees of 911 for letters he had received from citizens expressing appreciation for their exemplary performance. Councilman Lnenicka said he had received a number of complaints from residents in his ward about the buildings that were recently burned on Atlanta Road at Creatwood Trail. No action has been taken by the owners to clean the property and we have asked our Buildings Hearing Officer to commence with proper hearings to require that the property be cleaned. ..... Councilman Lnenicka expressed his appreciation to Brad Walker who is the City's appointee to the Cobb County Community Relations Council. This is also an unpaid position and is indicative of the leadership that we have come to expect from people in these positions. Brad's attendance is 100% and he is doing an outstanding job. Councilman Lnenicka asked Ken Hildebrandt to check on the silt screening on South Cobb Drive installed by the Cobb County Water Authority because sections have come down and there are also holes in it which need repair. Councilman Lnenicka also expressed his condolences to the Wilson family. Mayor Wilson was legendary in his political career and certainly well respected. Councilman Pete Wood called on Jim Triplett for a report from the Finance Department. Mr. Triplett said we are about 4% below budget in expenditures for FY93. Mr. Triplett said special thanks should go to the department heads for their frugality in administering the city funds. Final touches are being made to the FY94 budget which should be ready for distribution next week. Councilman Wood also expressed his sympathy to the Wilson family. Mayor Bacon said surveys recently were mailed with water bills to our citizens asking for their thoughts on several different items. We have had a tremendous response thusfar and are pleased with the results. ..... With no further business, meeting adjourned at 8:48 p.m. May 17. 1993 meeting - continued ... ~~~ a~;-f?a:C~, t'-NPA~ARDl . WL.~ ~~~ CHARLES PETE WOOD, WARD~ -~ b~ a'ltu..(oti1---'" MEL AMERON, 'tITY CLERK \" \ -~-~_/ --~~-Z __ Aj~ c..J \..,-/ RON NEWCOMB, W 2 ... -.