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February 3, 1992 Council Meeting February 3, 1992 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on February 3, 1992 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 Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Community Relations Director Kathie Barton, Parks and Recreation Director Sherry Reavis, Finance Director Emory McHugh, Library Director Laurel Best, Communications Director Steve Ciaccio, Police Chief Stan Hook, City Engineer Ken Hildebrandt, Public Works Director Vie Broyles, Personnel Director Jane Mears, Candis Joiner and representatives of the press. .. Invocation was given by James Thrower, Pastor of The Church of the Nazarene followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon asked Councilman Lnenicka to read a proclamation recognizing February 9 - 15, 1992, as "Child Passenger Safety Awareness Week." The proclamation was read and then presented to Chief Stanley Hook, Smyrna Police Department. Councilman Scoggins introduced John Leonard of Home Depot and a group of his employees. Mr. Leonard stated the local Home Depot store was slated to close February 23 of this year but as a result of numerous cards, letters and phone calls to the manager, Home Depot will build a new store in the Smyrna area, exact location not determined as of yet. As a result of the tremendous response from the residents of Smyrna to keep the Smyrna store open, the employees wanted to offer a program of assistance to a needy family in Smyrna. The store will furnish the materials, paint and labor necessary to perform necessary work for a family here in Smyrna. Home Depot will review the names presented and will do the work after a selection is made. ... Mayor Bacon stated that if anyone in the audience would like to submit their names, please contact Kathie Barton at City Hall. Mayor Bacon thanked Home Depot for sponsoring this program. Mayor Bacon recognized Harold Maddox, 644 Burbank Drive, who asked that the buffer fence behind his property be maintained in a better manner. Mr. Maddox stated the fence in question is located near 644, 636 and the next house on Burbank Drive. Mayor Bacon indicated this matter would handled. Mayor Bacon recognized Mr. Arthur Schultz, owner of Check X-Change check cashing business, located at 3245 South Cobb Drive. Mr. Schultz stated he was present on behalf of several of the pawn shop business owners, auto title loan lenders and all the check cashers in Smyrna. All these businesses feel the recent increase in their business license fees are unfair and are protesting this business license fee increase. Mr. Schultz asked Mayor Bacon if it is the wish of this council that all pawn shops, title loan companies and check cashing stores leave the city. Mayor Bacon responded it is not the intent of this council to have these businesses leave the City. Mayor Bacon stated Smyrna is pro-business government and encourages business in the City. PUBLIC HEARINGS: (A) Variance Request - Side Yard Setback - 1407 Spring Street .. Ms. Dameron stated that Phillip Morris, 1407 Spring Street, is requesting a variance to reduce the side yard setback at his home to allow for the addition of a two car garage. The enclosed addition would provide shelter from inclement weather and also provide for increased security. This is in Mr. Scoggins' ward. Mayor Bacon stated this is a public hearing and asked if anyone was here in opposition to this variance. There was none. February 3, 1992, meeting - continued Mr. Scoggins stated that each member of council has a copy of the hardship letter but asked Mr. Morris to explain why the variance was requested. Mr. Morris stated that the addition would allow shelter from inclement weather but his biggest concern is for his wife's safety. Mrs. Morris works the late shift and feels the garage would provide additional safety and security for Mrs. Morris. Councilman Scoggins made a motion that the variance request to reduce the side yard setback from 33.3 feet to 11.5 feet at 1407 Spring Street be approved. Motion was seconded by Pete Wood. Approved 7-0. (B) Variance Request - Side Yard Setback - Chateau Walk Subdivision Units I and II WI/# Ms. Dameron stated that Bear Properties is requesting this variance on the side yard setback for the Chateau Walk Subdivision. The variance will allow the reduction of the side yards from 7.5 feet to .5 feet between the houses and still allow the minimum of 15 feet between the houses. This variance will allow more flexibility for the builder to place the homes on the lots so that they are more uniform in appearance. This is in Mr. Cramer's ward. Mayor Bacon stated Mr. Thompson of Bear Properties is not present but Gerald McCravey is here to represent Bear Properties. This is a public hearing and asked if anyone was present in opposition to this variance request. There was none. Mr. Cramer made a motion that the variance request to reduce the side yard setback from 7.5 feet to .5 feet with a minimum of 15 feet between the houses in Units 1 and 2 in Chateau Walk Subdivision be approved. Bill Scoggins seconded the motion. Approved 7-0. (C) Rezoning Request - Phase III - Vinings Glen Subdivision from R20 to R-15 - Ridge Road Ms. Dameron stated that Tommy Eubanks is requesting the rezoning of 9.71 acres at the rear of Ridgeview Institute and adjoining Vinings Glen Subdivision from R-20 to R-15 for Phase III. This property is adjoined on the north, east and south side by R-15 zoning with RM-12 to the west. This is in Mr. Lnenicka's ward. - Mayor Bacon recognized Mr. Tommy Eubanks and Mr. Neal Peavy and stated this is a public hearing and asked if there was anyone here in opposition. There were several people in opposition. All were asked to come forward and be sworn in by City Attorney Charles Camp. Those present who stated they wished to speak in opposition to this request were Emory Osborne, 3920 Ridge Road; George Davis, 981 Glenhurst Drive; Tom Harper, 1020 Vinings Falls Drive, and Glen McCoy, 1091 Vinings Falls Drive. Mr. Lnenicka asked Mr. Eubanks and Mr. Peavy to explain what they plan to do with this development. Mr. Peavy stated that this is another phase of the same subdivision and they are asking that it be zoned the same as what they currently have in the existing phases with the same building specifications. The main difference would be that we are asking for a 25 foot setback rather than a 35 foot setback on some of the lots due to the topography. We do plan to build the same type subdivision that is currently there and feel it will be an asset to the community. Mr. Eubanks stated they will be eliminating Lot 13 and using it as an access to the subdivision. The same restrictive covenants and building standards and guidelines will be in effect. We will be doing some landscaping as we go into this section on the right side to somewhat distinguish between the apartments that are below us there and the residential property that we have. We will also do some landscaping around the retention pond which we will have one that will be directly behind Lot 12. We will probably be adding sixteen to seventeen lots but we have not finished the engineering yet pending the zoning. The twenty-five foot request is because of the topography and the narrowness of the property that we have there. Several of the lots will have to have the houses closer to the street because of the valley that is behind the area. This will be an addition to our subdivision. """" February 3, 1992, meeting - continued .. Councilman Lnenicka asked if this is going to be Phase V of Vinings Glen and Mr. Eubanks responded yes. Mr. Eubanks stated it was called Phase III when the motion was brought forth. We did one side, on the south side, and the second part was on the north side of Ridge Road and this is just an addition to that. We actually developed the streets separately and that is how the name Phase V was determined. Mr. Lnenicka asked if this will be a continuation of Vinings Glen Subdivision and not a separate subdivision, and not a different kind of subdivision. Mr. Eubanks responded yes. This is the same thing with the same restrictive covenants. Mr. Lnenicka asked if the same restrictive covenants in force for the north side of Ridge Road, Phase III and IV, would apply. Mr. Eubanks responded they will. Mr. Eubanks stated they would submit that when they add this property to it and amend them to add this additional property to the covenants. Mr. Eubanks stated the homes will be architecturally the same as those in Phase III and IV, same style house, same sizes but will vary the same as in other phases of the subdivision. The prices will begin at the low $300,000 and go to about $450,000. Mr. Lnenicka asked about the location of the detention pond and Mr. Eubanks stated it will probably be on Lot 1 behind Lots 10 and 11. We would like to leave this area as natural as possible and not remove any more trees than is absolutely necessary subject to approval by the City Engineering Department. Councilman Lnenicka asked Ken Hildebrandt, the City Engineer, if this was acceptable to the City. Mr. Hildebrandt stated the City would not allow the trees to remain in the detention pond as it would require constant maintenance but the trees surrounding the pond could remain. Councilman Lnenicka asked about the plans to buffer the site as you drive in the new road near Lot 16, the end lot on the right hand side. What are your plans to buffer the site. Mr. Eubanks stated it is difficult at this time to state exactly what will be done but we can do mounding of dirt, landscaping of trees, etc. All four persons who spoke in opposition stated they were concerned that ... the builders would build lower priced homes in the subdivision that would decrease the value of their homes. other concerns were that the restrictive covenants currently in place would not be the same for the new phase of Vinings Glen and the location of the detention pond. Mr. Camp stated we can not make the price of the homes a stipulation of the zoning request. After a lengthy discussion, Councilman Lnenicka made a motion to approve the request to rezone this 9.71 acres of property from R-20 to R-15 subject to the following thirteen stipulations which are to protect the property owners: 1. New development will be called Phase V of Vinings Glen Subdivision. 2. All the same restrictive covenants now in place for Phases III and IV will apply to Phase V in their entirety. 3. If Glen Devon, the developer, does not begin construction within one year of the date of this rezoning, the property will revert back to R-20 zoning that it has now. 4. That adequate provisions will be made by the developer to eliminate surface water drainage from this development and to control the run off as it is developed. .... 5. That all houses in the subdivision have a mlnlmUID of 2400 square feet of heated and cooled floor space as defined in the restrictive covenants. The restrictive covenants include stipulated minimum square footage for single story, two-story, two and a half story houses and all of those restrictions for those size houses will apply. February 3, 1992, meeting - continued 6. All homes will have an attached two car garage and the garage area shall in no case be used to calculate minimum floor space. 7. street lights will be installed in the subdivision using fiberglass poles subject to the City Engineer's approval. That should be the same as what is in Phases III and IV. 8. All utilities in this new subdivision will be underground. The same as they are now in Phases III and IV. 9. All homes in Phase V of Vinings Glen will be deemed comparable in quality, size, architectural style and construction to the homes built now in Vinings Glen Phase III and IV. ...... 10. The land between Lots 2 and 3 on Glenhurst Drive, which was originally planned for a driveway into Ridgeview, will be deeded to one or both of the adjacent property owners and never used as a driveway into Phase V. To my understanding this has already been done. 11. The front yard setback may be reduced from 35 feet to 25 feet on up to ten lots total in Phase V. This will apply to Lots 1 through 9 and Lot 16 as shown on the preliminary plat. Any other reduced setbacks sought would have to come before this Council and be handled individually. 12. The amenities package for Phase III, IV and V will be comparable to that in Phases I and II. 13. The rear yard setback on all lots adjacent to Phases III and IV and adjacent to the property owned by Mr. Emory Osborne will remain at 35 feet not the R-15 distance of 30 feet. On the plans submitted this provision therefore applies to Lots 1 through 7. If these plans change the stipulation remains that it be on the property adjacent to Phases III or Phase IV, or whatever we call it, or Mr. Emory Osborne's property. Jim Hawkins seconded the motion. Motion was approved 7-0. ..., (D) Charter Amendments - Section 77 - Civil Service Ms. Dameron stated that for the past few weeks Mr. Camp has been working with the Police and Fire Committees and members of the Civil Service Board on the Charter revisions. The amendments are being presented tonight for discussion and public comment for the first time and another hearing will be conducted at the next meeting for a final decision. Councilman Lnenicka stated the Mayor and Council are looking at amending the city Charter as it pertains to the Civil Service Board to update the rules which were passed in 1959. We are trying to update the section and make some proposed changes pertaining to the hiring and promotion process which is done now entirely by the Civil Service Board. The intent of the changes is to allow the Chiefs of both the Police and Fire Department some input into the promotion and hiring process. We have reduced the terms of the Civil Service Board members from six years to four year terms. The proposed change includes a lengthened time period for officers to file a grievance and have it heard. This document is available for review in the City Clerk's office and may still have minor changes made to it. This is not a final document. The final reading of these changes will be February 17 and the adoption of these changes will be done at this time if approved by the Mayor and Council. ..., FORMAL BUSINESS: (A) Amendment to Building Code Ms. Dameron stated that in November City Council readopted all the building and construction codes as a result of a new state law which requires uniformity of all local building codes. During that review process there were several sections which needed to be revised or have verbage changed. This is in Mr. Ron Newcomb's Community Development Commi t tee. February 3, 1992, meeting - continued Councilman Newcomb stated that the Department of Community Affairs had requested we amend certain portions of our Building Code and this is simply a clean up of our Building Code. Mr. Newcomb made a motion that we adopt these amendments to the Building Code, Chapter 6. Mr. Wood seconded the motion. Motion was approved 7-0. (B) Appointment to Cobb County Community Relations Board Councilman Lnenicka made a motion to appoint Mr. Brad Walker, 3791 Cliff Crest Drive, to the Cobb County Community Relations Council. Pete Wood seconded the motion. Motion was approved 7-0. ... (C) Appointment to Clean City Commission - Ward 5 Councilman Cramer made a motion to appoint Ms. Betty Johnson, who lives on Natalie Lane, as the Ward 5 representative on the Clean City Commission. Motion was seconded by Wade Lnenicka. Motion was approved 7-0. BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of January 20, 1992 minutes (B) Approval to Advertise Zoning Amendments Councilman Hawkins made a motion to approve the consent agenda. Councilman Wood seconded the motion which was approved 7-0. COMMITTEE REPORTS: .. Library Committee - Mr. John Patrick stated Betty Jackson's art work display will continue at the Library through the month of February. Community Development Committee - Mr. Ron Newcomb stated the Community Development Committee has met and one of the items discussed was the Amendment to the Building Code which was discussed earlier. Fire Committee - Councilman Scoggins stated the Fire Committee will be meeting February 4. Mr. Scoggins again commented on the new training facility in the old Library building and invited all the Council to stop by and see the facility. Public Works Committee - Councilman Hawkins asked Vic Broyles to report on the activities of the Public Works Department. Mr. Broyles reported on the status of several projects being done by the Public Works Department. He also reminded the citizens to call the Public Works Department when a water or sewer problem arises rather than calling a private plumber. Mr. Broyles stated we have the personnel who can determine if the problem is the responsibility of the city or the resident. If the problem is the responsibility of the city, it can be repaired without costing the citizen the expense of a private plumber. ... Councilman Hawkins stated we are looking at the possibility of lengthening the left turn lane westbound on Windy Hill Road approaching South Cobb Drive. Hopefully this will alleviate some of the traffic problems in this area. Clean City Committee - Ms. Barton stated there are several upcoming events planned for the city residents and informational literature will be in the water bills in the near future. Parks and Recreation Committee - Ms. Reavis stated the Community Center is being used for many events and mentioned several sports program regis- trations being conducted at this time. February 3, 1992, meeting - continued Police Committee - Chief Hook quoted several statistics which indicate an overall reduction in crimes, offenses and traffic accidents in Smyrna. Councilman Lnenicka recognized Candis Joiner for achieving the Certified Professional Secretary designation. Finance and Administration Committee - Councilman Wood stated his committee has met and is presently working on the budget for the upcoming year. Councilman Wood stated he would like to take this opportunity to thank Melinda Dameron, City Clerk, for the fine job she and all the Department Heads have performed in the absence of a City Administrator. Mayor Bacon recognized Charlie Bailey, Jr., who has announced his candidacy for the Eastern District Commissioner for Cobb County. .- With no further business, the meeting adjourned at 9:50 p.m. /~ '1/11< ~ MEL N DAM RON, /J/~~ CITY CLERK A. MAX BACON, MAYOR Je~~ ~,j~~ RON NEWCOMB, WARD 2 ~m.~ AMES M. HAWKINS, WARD 4 w~~~~ ....- - ~~~~ ....,