January 19, 1993 Council Meeting
January 19, 1993
The regular scheduled meeting of Mayor and Council was held January
19, 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, Parks SupexLrrtePdent Michael Justus, Library Director Laurel
Best, Policechief>StanHook, Accounting Supervisor Claudia Edgar,
Communications Direptor.steve Ciaccio, Public Works Director Vic
Broyles, CommunitY.R.E?1.?l.tions Director Kathy Barton, Fire Chief
Larry Williams, City<EPgineer Ken Hildebrandt, Personnel Director
Mary Ann White and representatives of the press.
Invocation was given by Pastor York Chambless, followed by the
pledge to the flag.
CITIZENS INPUT: John Teasley and Karen Tarlato with BFI reported
on the ci ty-wide reCYCling program. After 6 months the program
continues to be verXsllccessful, with an average 67% participation
rate and a tonnagerat.e of 200,000 pounds or more per month. These
figures surpass any others in the county.
Chuck Madison reprl;$I;I1ted ?I. group of residents in the Alpine Drive
concerning the pr9I?osed development of 9.1 acres on South Cobb
Drive at Alpine, by post Properties. Mr. Madison stated that Post
Properties now want::ed/toyary from their original agreement at the
time the property WCl,sZ;oned in 1987 from an all adult community to
two, three and even four bedroom units with some designated as low
income housing. They requested council representation at a
scheduled meeting 21 at 7:30 p.m.
Jim Hawkins
Teagl.le and
chambers be
seconded the
planned to attend the meeting with Barry
the area and made a motion the council
the evening of January 21. Wade Lnenicka
carried 7-0.
Reverend Joe
7 1/2 years to
organization
neighborhoods
Feet and Mouth
a liaison
Mayor Bacon
that he could be
he had recently left the ministry after
time to organize "Neighborhood Cobb", an
provide the resources to rebuild Cobb
of the existing programs such as Hands,
Hills. Reverend Brice said he needed
ther a staff member or elected official.
Brice to leave his telephone number so
PUBLIC HEARINGS:
(A) Variance
yard setback
1 Inglewood Drive reduce side and rear
maximum size of accessory structure
Bob Thomson
to reduce the
1 foot and
accessory
sheds and
25% of the square footage
Alan Spivey is requesting this variance
10 to 1 foot, the rear yard from 5 to
to exceed the maximum size of an
are to tear down two existing small
large shed which would be greater than
of the home. There was no opposition.
Mr. spivey said they need the room for addi tional storage and
parking for vehicles. The neighbors do not object and letters have
been obtained from those affected.
Councilman Jack Cramer presented pictures of the proposed structure
and made a motion the Variances be approved as requested. Wade
Lnenicka seconded the motion which carried 7-0.
(B) Business license request - All American Yellow Cabs
Bob ThOmson stated this application was tabled at the last meeting
and Mr. David weldon is here tonight as owner of All American
Yellow Cabs at le015~t::lant::a Road. The police investigation of Mr.
Weldon revealed nothing that would prohibit him from holding the
January 19. 1993 meetinq - continued
license and there was no opposition.
Councilman Pete Wood said this application was tabled because there
were several concerns about certain employees that council
understood may be working there. Mr. Weldon had advised council
then that Mr. Owens was not an employee of the company and he had
no plans to hire him. Subsequently in a letter dated January 6th,
Mr. Weldon confirmed that Mr. Owens would not be employed and the
company would be operated as a sole proprietorship and all drivers
required to meet the individual requirements of the City. Mr.
Weldon stated that all of these facts were correct.
Councilman Scoggins asked Mr. Camp if council could, in fact, tell
Mr. Weldon that he could not hire a certain person to work for his
company. Mr. Camp said if that person does not meet the criteria
established for employment there, then they could.
Councilman Wood asked Mr. Weldon if he would be willing to agree
that all future employees, other than drivers, would also be
certified by the City. Mr. Weldon stated that he would, and had no
intentions of employing Mr. Owens now or in the future.
Councilman Wood made a motion the license be granted to All
American Yellow Cab with Mr. Weldon as sole owner. Ron Newcomb
seconded the motion. Councilman Scoggins said he had seen other
taxis parked in the city that probably are not permitted, and asked
Chief Hook to check into other companies and be sure that they are
complying. Vote on the motion to approve the license carried 7-0.
(C) Variance request - 5020 Hickory Mill Drive
Bob Thomson stated that Estelle Smith is requesting this variance
from the ordinance to use the home under construction as a double
housekeeping unit. On November 17, 1992, Mrs. Smith was notified of
ordinance violations found in the construction and intended use of
the home. Additional notification and a stop work order was issued
on December 20, 1992 due to the lack of response to previous
requests. There were several in opposition and two persons were
sworn in along with Mrs.Smith.
Mrs. Smith said she is building a single family home but the house
is designed to allow her to keep her Downs Syndrome daughter and
also provide living space for her married daughter, son in law and
child. They wanted to have a second kitchen if possible but they
have no intention of having a duplex or anything that would be in
violation of the city code. Mrs. Smith said if it would be possible
to allow her to do that, she would sign anything necessary stating
that if they ever moved or sold they would change the plans back
and remodel the second kitchen back to a formal dining room. They
are putting a lot of money into the home and do not want to do
anything to devalue the neighborhood.
Councilman Wood stated there is a series of letters dating back to
November 17, 1992 between the builder and our building inspector
and a final letter to Mrs. Smith making her aware of the code
violations and notifying her of her right to appeal, or apply for
a land use permit. Mr. Wood asked Mrs. Smith if she was aware of
the protective covenants applicable to Hickory Mills Subdivision
for Lots 1 through 20 inclusive and Mrs. Smith replied that she was
not. Mr. Wood said there are a number of restrictions in the
covenants which have been filed with the Clerk of Superior Court.
Also, minutes of City council meetings reflect that the covenants
were presented to Mayor and Council along with the zoning and
annexation package of the Hickory Mill Subdivision. Part of the
covenants requires that no buildings be constructed on any lot
until the plans and specifications have been approved by the
Architectural Control Committee. The committee consists of Wit B.
Carson and Sharon W. Carson and all plans must be approved in
writing by them prior to construction. Mrs. Smith said she was not
aware of those conditions and her plans had not been submitted to
January 19. 1993 meetino - continued
the comm:i ttee.. She purchased the land from Mrs. Carson in August
1992 and was not notifi<ed by the Carsons or the closing attorney of
the covenants. Mrs. Smi th said she was told by her bui Ider, however,
that she may have Some problems with the City in getting her plans
approved.
Councilman Wood
desire to keep
single fami
and.not a
for a variance
housekeeping
according to
protective
Wood made a
and that Mrs.
also suggested
requirements and
building code. of
Hawkins asked
daughter if the
work with it and
was empatheti.c .with Mrs. Smith and her
together but this area is designed for
certainly a single housekeeping unit
. For council to act on a request
in the request for a double
at this time because obviously,
statements, she has not complied with the
apply to Hickory Mills Subdivision. Mr.
the t for a variance be terminated
her fee for a variance. Mr. Wood
comply with the archi tectural control
is constructed in accordance with the
a variance will not be needed. Jim
arrangements she would make for her
not approved. Mrs. Smith said she would
comply with whatever she waS required to do.
Jim Brook:;; of
variance because
single fami
a single
this family
home could, now
quadraplex which
Mill Drive said he was opposed to the
does not meet the definition of a
city code. They do not want a duplex in
and while they have no problems with
neighborhood, was concerned that this
, be changed into a duplex or even a
possible from the current floor plan.
Councilman
of single fami
it appears to
defined in the
design of the
Mr. Brooks said
construction of
problem seems to be with the definition
this structure is separated by one wall,
is one family, living under one roof, as
Brooks said his opinion was based on
felt this would be considered a duplex.
were also approved by Mr. Carson prior to
Following a question:erorn Councilman Lnenicka, Mr. Brooks said his
concerns would be addressed if council could assure him that this
structure would never, at any time, be used for a duplex or
anything other than a single family dwelling.
Mitch Greeson of 4840 Hickory Mill Drive also said he had no
problems withthE;!~:x:tE;!rior appearance and while he welcomed this
family to the neighpo;t;'hood, was also concerned that in the future
it could be converted<to a duplex. Mr. Greeson also said that his
plans were approvl;q)PyM:r. Carson prior to construction. Also, his
concerns were the sam.e as Mr. Brooks' and wanted assurance that the
house could never be converted to anything other than a single
family dwelling.
Councilman Wood
at this time
have not been
fee be refunded.
,
Jim
his motion that the variance is premature
requirE;!ments of the protective covenant
the variance be terminated and her filing
Hawkins seconded the motion.
Councilman Ron NewcOmb said he commended Mr. Wood on the research
he has done but in the last year, council has never denied a
variance request of any. type. In this particular case we are not
talking about setbaCks,. buffers or signs, but this is a pro-family
issue from an applic:?l.nt who does not wish to turn the care of her
child over to others. Mr. Newcomb said he thought that everyone
here felt that ;in th~;ir heart, and felt there must be another
solution. Mr. NeWC9rnb>made an amendment to the motion based on Mrs.
Smith's earlier sbatej"ftent that she was making an appeal from the
building inspectors Ciecision that found that this does not meet
some definitions in the code. Mr. Newcomb said that the motion that
January 19. 1993 meetinG - continued
he proposed was that the building plan ~nd occupancy plans, as long
as this building is occupied by Mrs. Smith and h~r family, be found
to be in compliance with the definition of a single family dwelling
as found in section 402.21, 402.24 and 402.25. Mr. Newcomb said he
believed this is a single family as defined by those code
sections. John Patrick seconded the motion.
Jim Hawkins said the amendment, in affect, defeats the original
motion and felt it was out of order. Attorney Camp agreed and
Councilman Newcomb suggested that his motion be presented as a
substitute to the original motion rather than an amendment. After
further discussion the motion and second to the substitute motion
was withdrawn.
Vote on the original motion carried 4-3 with Wade Lnenicka, John
Patrick and Ron Newcomb opposed.
(D) Annexation - 608 Concord Road
Bob Thomson stated that Mr. John Dickson is requesting the
annexation of this business location leased to Shape, Wrap and Roll
Hair Salon. There was no opposition.
Councilman Pete Wood made a motion the property,
Lot 381, be annexed into the City and made a part
effective date of March 31, 1993 pursuant to
Scoggins seconded the motion which carried 7-0.
located in Land
of Ward 7 with an
State law. Bill
(E) Annexation - Loehmann's Plaza Shopping Center
Bob Thomson stated that Mr. Charles Lotz, General Partner of
Promenade Associates, Ltd. has requested annexation of this
property containing 11.31 acres. There was no opposition.
Councilman John Patrick made a motion the property, located in Land
Lot 849 be annexed into the City and made a part of Ward 1, with an
effective date of March 3J, 1993. Jim Hawkins seconded the motion
which carried 6-1 with wade Lnenicka opposed.
FORMAL BUSINESS:
Nothing to report.
COMMERCIAL BUILDING PERMITS:
Nothing to report.
BID AWARDS:
Nothing to report.
CONSENT AGENDA:
(A) Approval of January 4,
(B) Approval to request
Department
1993 minutes
bids van for
Parks
and
Recreation
Jim Hawkins made a motion the consent agenda be approved. Pete Wood
seconded the motion which carried 7-0.
COMMITTEE REPORTS: Councilman John Patrick called on Laurel Best
for a report from the Library.
Councilman Ron Newcomb called on Personnel Director Mary Ann White
for a report. Mrs. White stated she is working on a new personnel
policy manual and also is investigating the possibili ty of a
telephone job hotline to handle position notifications. Councilman
Newcomb said he was impressed with the progress they had made at
their first committee meeting last week and there are number of
projects of major importance that are coming up.
Councilman Newcomb also called on Ken Hildebrandt for a report from
Community Development. Mr. Hildebrandt said they would be doing
some repair work on Highlands Parkway next week with actual
resurfacing taking place sometime in March.
January 19. 1993 meetino - continued
Councilman Lnenicka asked Mr. Hildebrandt how the City could ensure
that Mrs~ Smith's home in Hickory Mill would not be used for a
duplex. Mr. Hildebrandt said that the plans would first have to be
approved by the Architectural Control Committee of the subdivision
but if they corit~nue in the same direction they will eventually
have to come back to council at a future date for a variance.
Following the issuance of the certificate of occupancy, his
department couldaqtonly .on complaints regarding the use of the
structure. Mr. Camp.. said the inspectors could not gain entry of a
home for zoning v~Olat~ons; only for public safety reasons.
Public Works
Police Chief S
also called on
he had spent
in response to
there were no
excessive.
V~c Broyles, Fire Chief Larry Williams,
Parks Superintendent Michael Justus were
from their departments. Chief Hook said
on Sunday night at Sparkles Roller Rink
received. The crowd was very orderly and
Ie he was there and the noise was not
Councilm?tn Wade Lnepicka.said he appreciated the participation in
the recycling program>a;ndurged everyone to continue. Mr. Lnenicka
said he was pleased to see Reverend Joe Brice involved in the
community and wished him.luck in his efforts.
Councilman Pete WOod said we have a new Finance Director who will
begin work on Februp.ry.8, 1993. Mr. Wood said he appreciated the
dedicated employees in that department who have maintained a smooth
operation during th~s interim time period.
With no further
meeting adjourned at 9:27 p.m.
4
WARD 7