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03-02-2009 March 2, 2009 March 2, 2009 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was .. called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present except Council Member Smith. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Ken Suddreth, Planner Scott Smith and representatives of the press. Invocation was given by Pastor Jamie Auton of King Spring Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 6C (Approval of proposed utility rates for FY 2010) will be tabled, and items will be added to the consent agenda. *MOTION: Council Member Wood made a motion to suspend the rules for the purpose of adding items to the consent agenda. The motion was seconded by Council Member Pritchett. Motion was approved 6 - O. Mayor Bacon stated Council Member Smith is out of town on business. - MOTION: Council Member Lnenicka made a motion to add item 8 F Adopt Resolution #2009-2 authorizing the acquisition of a road grid in the area of Atlanta Road, Windy Hill Road and Ward Street and item 8 G Approve a temporary addendum to the Georgia Municipal Employees Benefit System Defined Benefit Plan Adoption Agreement to amend the one-time early retirement incentive approved January 20, 2009 and authorize the Mayor to execute related contract documents to the consent agenda. Motion was approved 6 - O. MAYOR'S REPORT: Mayor Bacon recognized State Senator Doug Stoner, who provided details to those present concerning current legislative matters. (A) Presentation of Character Education Word with Green Acres Elementary Mayor Bacon recognized Principal Mike Bivens, faculty members and students from Green Acres Elementary School, and the students presented this month's character education program. LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Public Hearing- Rezoning Request Z08-009 - GC-Conditional and RM-12 to RM-12 and GC- Conditional- 4570 and 4600 South Cobb Drive - 8.53 acre tract - Land Lots 690 and 691 - Columbia Properties, Inc. Mayor Bacon stated this rezoning request was tabled from the previous meeting. Mr. Wright stated the subject property is an existing shopping center site which was zoned with specific conditions. Mr. Wright stated the essential use will not change, and property lines with a neighboring apartment complex will be squared making the RM-12 designation applicable to at least some of the ... property. Mr. Wright stated staff recommends approval of this rezoning request for construction ofa March 2. 2009 2 new shopping center subject to a number of conditions. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka recognized Mr. Suddreth, who provided details to those present concerning this rezoning request. Mr. Suddreth stated the main purpose ofthis rezoning is amendment of the site plan. Mr. Suddreth discussed the stipulations of the proposed rezoning. Council Member Lnenicka recognized Mr. Garvis Sams, an attorney representing the applicant, and Mr. Andy Campbell of Columbia Properties, Inc. (CPI), and Mr. Sams stated there is no opposition present regarding this rezoning request. Mr. Sams provided details to those present concerning the various agencies, businesses and homeowners associations CPI has cooperated with in order to arrive at the plan under present consideration. Mr. Sams thanked Council Member Lnenicka for his efforts in coordinating the meetings and discussions associated with this rezoning request. Mr. Sams stated CPI has spent a large amount of money on the demolition ofa structure which was on the property and other site preparations. Mr. Sams stated the Planning and Zoning Board (PZB) has approved this rezoning request. Mr. Sams provided details to those present concerning the architectural style ofthe proposed construction. Mr. Sams stated a landscaping oversight committee for this project, comprised of representatives from CPI, Westchester Commons HOA and City staff, has been planned. Mr. Sams stated the list of prohibited uses to be a condition of this rezoning will help ensure a quality commercial development at the subject location. Mr. Sams stated it should be noted that the lighting presently on the site of Jim n Nicks restaurant and the subject location is of a type considered to be environmentally sensitive by the City's professional staff. Council Member Lnenicka read through the proposed list of stipulations for this rezoning request. Council Member Lnenicka stated the planned installation of a traffic signal at the intersection of Gaylor Street and East-West Connector will be beneficial. Council Member Lnenicka asked Mr. Sams if retaining stipulation #5 regarding installation of brick pavers or stamped concrete is acceptable, and Mr. Sams answered in the affirmative. Mr. Sams requested that language be added to stipulation #6 to the effect that poles and light fixtures presently on the site were previously approved and acceptable for continued use. Mr. Sams stated there is a market for modern car wash facilities that utilize efficient water reclamation equipment, but no operators of car wash facilities of that type have yet shown interest in the subject location. Mr. Campbell stated current financial conditions have caused potential lenders to closely scrutinize new development plans. Mr. Campbell stated the configuration ofthe subject property does not lend itself to large fields of parking. Council Member McNabb expressed concerns about what he considers to be a lack of plan specificity that could potentially allow a car spa to be built near Jim n Nicks or the nearby neighborhood. Council Member Lnenicka asked Mr. Sams if CPI would agree to elimination of stipulation # 12 concerning parking spaces, and Mr. Sams answered in the affirmative with the understanding that CPI has agreed it is not inappropriate in view of the uniqueness of this particular set of circumstances in terms of a lack of parking fields. - Mayor Bacon recognized Mr. Mr. Brian Lyman (phonetic), owner ofthe Jim n Nicks restaurant in Smyrna, and Mr. Lyman expressed enthusiasm about the proposed development. Mr. Lyman stated he believes the plan is suitable for the subject location and that the associates of CPI have been cooperative. Council Member Lnenicka asked Mr. Lyman if he has any concerns about the possibility of a car wash facility being placed in the subject area, and Mr. Lyman stated he does not believe anyone would do anything to jeopardize Jim n Nicks. Mr. Lyman stated he is not necessarily opposed to a car wash in the - March 2. 2009 3 ... subject area. Mr. Lyman stated he believes allowing conditional use provides for oversight of potential plans. Mr. Campbell stated inclusion of self-contained car wash facilities in the list of conditional uses would be acceptable. Council Member Lnenicka expressed appreciation to the associates ofCPI for their cooperation with the City, various other agencies and businesses and nearby residents. - MOTION: Council Member Lnenicka made a motion to approve Rezoning Request Z08-009 from GC- Conditional and RM-12 to RM-12 and GC-Conditional at 4570 and 4600 South Cobb Drive for a 8.53 acre tract in Land Lots 690 and 691 for Columbia Properties, Inc. subject to stipulations 1 through 11 as read and amended at this meeting, deleting stipulation 12, subject to stipulations 13 through 17 with the notation that the last bullet point in stipulation 17 regarding self-service car wash facilities is deleted, subject to stipulation 18 as written with the addition of full service and/or self-contained automated car wash facilities as a conditional use, and subject to stipulations 19,20,21 and 22 as read and amended at this meeting. (Clerk's note: A copy of the stipulations is appended hereto as Exhibit "A") The motion was seconded by Council Member Wood. Mr. Sams asked if stipulation 12 will remain with language to the effect that the intent is to waive head-to-head parking because ofthe unique circumstances. Council Member Lnenicka stated a specific site plan is being approved at this meeting and the minutes will reflect the discussion. Council Member Lnenicka asked Mr. Cochran ifMr. Sams' concerns are being properly addressed, and Mr. Cochran expressed the view that they are. Mr. Sams stated he would like to see the minutes reflect the intent so that staffwill understand in the future. Council Member Newcomb stated that because the number of parking spaces affected by this decision is limited he does not believe it will cause any harm, but he appreciates the diligence of the City's staff in adhering to the design standards. Council Member Newcomb stated he believes the discussion about car wash facilities was healthy and expressed appreciation to the applicant for being willing to make such a use conditional. Motion was approved 6 - O. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Appointment of Representative to Downtown Development Authority MOTION: Council Member Lnenicka made a motion to approve appointment of Kevin Drawe to the Downtown Development Authority to be effective immediately. The motion was seconded by Council Member Pritchett. Motion was approved 5 - O. (Clerk's note: Council Member McNabb was not present at the time ofthis vote) (B) Appointment of new members and alternates to the License & Variance Board MOTION: Council Member Wood made a motion to approve appointment of Finance Director David Boyd, Fire Chief Jason Lanyon and Assistant City Administrator Eric Taylor as members of the License and Variance Board, with City Engineer Keith Williams and Chief Building Official Robin Broyles as alternates. The motion was seconded by Council Member Pritchett. Motion was approved 5 - O. (Clerk's note: Council Member McNabb was not present at the time of this vote) ... March 2, 2009 (C) Approval of proposed uti I ity rates for FY 2010 MOTION: Council Member Newcomb made a motion to table approval of proposed utility rates for FY 2010 to the March 16,2009 meeting. The motion was seconded by Council Member Wood. Motion to table was approved 6 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of February 16,2009 minutes (B) Approval to use Council Chambers on March 10,2009 from 6:30-9:30 pm for a Ward 6 meeting (Oak Ridge Estates HOA) (C) Approve name change for Highlands Apartments, 2525 Ward Street, to Belmont Commons (D) Amend the Personnel Policies & Procedures Manual to eliminate the sell-back of annual leave, with an effective date of June 30,2009 (E) Declare as surplus certain vehicles and equipment no longer needed for use by the City and to authorize the sale of these surplus items by the Purchasing Department *(F) Adopt Resolution #2009-2 authorizing the acquisition of a road grid in the area of Atlanta Road, Windy Hill Road and Ward Street *(G) Approve a temporary addendum to the Georgia Municipal Employees Benefit System Defined Benefit Plan Adoption Agreement to amend the one-time early retirement incentive approved January 20, 2009 and authorize the Mayor to execute related contract documents MOTION: Council Member Newcomb made a motion to approve items A, B, C, E and F. The motion was seconded by Council member Pritchett. Motion was approved 6 - O. MOTION: Council Member Newcomb made a motion to approve item D. The motion was seconded by Council Member Pritchett. Motion was approved 5 - I, with Council Member Lnenicka in opposition. MOTION: Council Member Lnenicka made a motion to approve item G. The motion was seconded by Council member Wood. Motion was approved 5 - 1, with Council Member Newcomb in opposition. COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. Council Member Lnenicka yielded the floor with no report. 4 - - - March 2, 2009 5 ... Council Member McNabb expressed concerns about the SB 31 legislation which would allow utility rate increases to pay for construction of facilities which will not be in use for several years. Council Member Anulewicz reminded everyone to check the new sanitation service schedule. Council Member Newcomb yielded the floor with no report. Council Member Pritchett stated water filters and certain other plastic items can be recycled at Target stores. CITIZENS INPUT: Mayor Bacon recognized Ms. Mary Kirkendoll, and Ms. Kirkendoll provided details to those present concerning drug raids which occurred near her residence. Ms. Kirkendoll expressed the view that illegal aliens find sanctuary in this area of Cobb County. Ms. Kirkendoll commended the County sheriff's office for their efforts to help deport illegal aliens. Ms. Kirkendoll expressed the view that the City ignores Federal and State immigration laws. Ms. Kirekendoll stated approval of SB20 will make provisions for penalties and other sanctions for local governments which do not comply with pertinent laws. Ms. Kirkendoll cited several examples of crimes committed by illegal aliens. Mayor Bacon recognized Ms. Shirley Murray, residing at 2054 Flat Shoals Road, and Ms. Murray provided details to those present regarding an incident involving illegal aliens. Ms. Murray expressed the ... view that people should only be in this country legally and that the citizens should be protected. ADJOURNMENT: With no further business, the meeting was adjourned at 9:29 p.m. - March 2. 2009 A. MAX BACON, MA Jl D. TH, WAR 5 (/(!~~~ CHARLES PETE WOOD, WARD 7 ~~.~- SUSAN D. HIOTT, CITY CLERK (/)-2" JLA RON NEWCOMB, WARD 2 WADE S. LNENICKA, WARD 6 6 - - ..... March 2. 2009 7 ... Z08-009 Exhibit "A" 1. The composition of the commercial buildings in the development shall include a mixture of elements including; but not limited to: brick, stone and stucco. No elevation shall be comprised of 100 percent hardy plank siding. 2. The retention/detention pond shall be placed and/or screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a ten percent reduction in a 2-year to 100-year storm event. The city engineer shall approve all plans. 3. All utilities within the development shall be underground. 4. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the city or the county during construction plan review. Sidewalks shall be provided by the developer inside the development and outside the development adjacent to any public right-of-way consistent with city's requirements for the extent of the development. A grass buffer with a minimum width of two inches shall be provided between the back of curb and sidewalk. - 5. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 30 feet. 6. No debris may be buried on any lot or common area. 7. The developer will install decorative streetlights equivalent to Georgia Power "Sternberg" style posts used in downtown Smyrna within the development, subject to approval by the city engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". The developer may utilize the existing fixtures on the Home Depot Landscape site which where previously approved. 8. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 9. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect. There shall be a landscaped front entrance, adjacent to the monument sign on East West Connector, indicating the name of the development. 10. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. ... March 2, 2009 8 11. The parking lot shall provide both landscape islands at the terminus of each row and one landscape island every 10th parking space. Each landscape island shall provide a tree with a minimum caliper of 4". - 12. [Omitted] 13. Outside temporary sales and displays will only be located on the sidewalk in front of the store that is adjacent to the building. 14. In addition to the formal review by the City's Arborist and Landscape Architect, a Landscape Oversight Committee shall review all landscape plans. The Landscape Oversight Committee shall consist of a representative of Columbia Properties, Inc. and a representative from Westchester Commons Homeowners Association. A representative from the Community Development Department shall be an ex-officio member of the Landscape Oversight Committee and shall be the final arbiter with respect to the resolution of any issues which can not be otherwise resolved. 15. Signage for the proposed retail development parcels A, B, C & D shall be ground based, monument style with finished materials being in substantial conformity to the sign elevation submitted on December 23,2008. Signage shall consist of one (1) 150 square foot sign located adjacent to the position of the current sign on South Cobb Drive and one (1) 150 square foot located adjacent to the entrance sign drive on East/West Connector. Out parcels E & F may have independent monument signs which shall consist of one (1) 32 square foot monument sign for each parcel. -- 16. Wall signage for the development, including all retail buildings/out parcels, shall be governed by the City's Sign Code currently in place for Planned Shopping Centers. 17. The following uses shall not be permitted on the subject parcel: -Adult Entertainment Establishments and Adult Novelty Store -Art Shows, Carnival Rides and Special Events of Community Interest -Automobile Leasing -Automobile Parts - wholesale -Automotive Sales/Repair -Automobile Major Repair (defined as an establishment wherein engines, transmission, drive shafts, bodies fenders are dismantled, repaired, replaced or painted. -Billiard Parlor (Shall not preclude a restaurant/brew pub from having billiard tables. However, the billiard tables shall not exceed 35% of the gross floor area of the establishment) ..... March 2. 2009 ... .... ... 9 -Boarding and Breeding Kennels -Boat Sales and Repairs -Bowling alley - Drive-in Restaurant -Drive-in Theater - Dry Cleaning Plants -Farm Equipment Sales and Service - Outparcel only -Game Arcade -Gun Shop -House of Worship -Linen and Diaper Services (plant only) -Adult Massage Parlor (This requirement shall not prohibit the operation of Health Spas) Health Spa is defined as an establishment which provides as one (1) of its primary purposes, services or facilities which are purported to assist patrons improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. Treatment shall include, but not limited to, personal services such as body wraps, hydromineral wraps, body polish, body wash, baths and hydrotub soak. Massages may be an accessory service -Mobile Home and Travel Trailer Sales -Motorcycle Sales and Service -Pawnshops and Check Cashing Establishments - Printing Plant -Self-Service Automobile Wash -Skating Rink -Stations and Terminals for Bus and Rail Passenger Service -Target Range March 2. 2009 10 -Taxi Stands -Tattoo and Body Piercing Parlors - -Theaters -Wholesale Establishments which sell only to businesses and not to customers. 18. Because there is a concern about the impact certain uses could have on adjacent properties, the following uses are Conditional Uses. These conditional uses are allowed within the development but which require Mayor and Council approval as to the location and/or buffering or other conditions within the development. a. These conditional uses shall include: 1. Automobile Minor Repairs II. Ill. - Automobile minor repairs shall be defined as an establishment wherein tires, carburetors, ignitions, oil changes and other minor accessory parts are as necessary for normal upkeep of any automobile are repaired, replaced or serviced including; lubrication, tune-up centers and emission testing stations. Minor automobile repair does not include dismantling, repairing or painting of engines, transmissions, drive shaft, axles, bodies and fenders. Dry Cleaning Plants Full-service and/or self contained automated carwashes - Provided they are consistent with the architectural style and composition as described above and as long as the use is not placed on the western most parcel that is denoted as Parcel "F" on the concept site plan submitted with the zoning application. - iv. Service Stations b. A conditional use shall be granted by the Mayor and Council when the following criteria is met: 1. A written application for a conditional use is submitted indicating which conditional use is sought and stating the grounds on which it is requested. Notice given in the same manner as provided for public hearings in Section 1504 of the Zoning Ordinance. The public hearing shall be held. Any party may appear in person, or by agent or attorney. The Mayor and Council shall find that the use will not adversely affect public interest with respect to the following: - II. 111. IV. March 2, 2009 11 ... 1. Ingress and egress to the property and the proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency situation; 2. Off-street parking and loading areas where required, with particular attention to items in (1) above and the economic, noise, glare, or odorous effects of the conditional use on adjoining properties and properties generally in the district; 3. Refuse and service areas, with particular reference to the items in (1) and (2) above; 4. Utilities, with reference to locations, availability, and compatibility; 5. Screening and buffering with reference to type, dimensions, and character; 6. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; 7. Required yards and other open space; and 8. General compatibility with adjacent properties and other properties in the district. ... c. In granting any conditional use, the Mayor and Council may prescribe appropriate conditions, stipulations and safeguards in conformity with the Zoning Ordinance in order to ameliorate potential adverse impacts. d. Violations of such conditions, stipulations and safeguards, when made part ofthe terms under which the conditional use is granted, shall be deemed a violation of the Zoning Ordinance and punishable under Section 1307 of the Zoning Ordinance. 19. The rezoning of the subject property shall be in substantial conformity to the revised site plan submitted on December 23, 2008. If Cobb Department of Transportation should approve additional access points or require modifications to existing access points during Plan Review which will require minor site plan revisions; any such changes shall be subject to the review and approval of the Director of Community Development. 20. The architectural style, composition and treatment ofthe buildings, including the buildings ultimately constructed on the commercial out parcels, shall be in substantial conformity to the rendering/elevation submitted on December 23, 2008. However, should minor modifications be required during the Plan Review process, said modifications shall be subject to the review and approval of the Director of the Community Development Department. ... March 2, 2009 12 21. The roofs for the buildings situated on Parcels A, D, E & F, as shown on the revised site plan, shall incorporate sloped or pitched roof architectural features. - 22. The additional stipulations agreed upon by the applicant in the February 10,2009 letter attached to the email submitted to Wade Lnenicka, Ken Suddreth and Rusty Martin on February 27,2009. If there should be a discrepancy between the stipulations in the February 27,2009 email and the stipulations stated above, the stipulations stated above shall apply. - - ORDINANCE No. 2009 - 3 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION 602 ZONING MAP AND DISTRICT BOUNDARIES, CITY OF SMYRNA, GEORGIA, BE AMENDED TO REFLECT THE CURRENT ZONING MAP TO INCLUDE THE DATE OF ITS CREATION. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning, Section 602, City of Smyrna, Georgia, be amended to read as follows: Sec. 602. Zoning map and district boundaries. "The boundaries ofthe aforementioned districts are hereby established as shown on a map entitled "Official Zoning Map, City of Smyrna, Georgia" dated March 16, 2009 and certified by the city clerk. Said map and all explanatory matter depicted thereon is hereby made a part of this ordinance and shall be on file in the office of the city clerk." All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. - Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Conneil this 16th d/a~ ? A. Max Bacon, Mayor Attest: ~~[).~ Susan D. Hiott, City Clerk City of Smyrna . , ity Attorney J~L.T~ - RESOLUTION NO. 2009-2 ~ WHEREAS, in accordance with O.C.G.A.932-3-1 et.seq., the City of Smyrna IS authorized to acquire property for transportation purposes; and WHEREAS, for many years the City has contemplated a road grid system allowing connectivity between major thoroughfares of Atlanta Road and Windy Hill Road to lesser collector roads including Ward Street as the surrounding area redevelops; and WHEREAS, the City has begun to acquire property to be used for this road grid and deems it to be in the best interest of the public to continue to do so; THEREFORE, IT IS RESOLVED, as follows: 1.) The City concludes that it is necessary to acquire the property marked as "Central Parkway" and "South Residential Access Road", as shown on that "Proposed Roadway Plat, Windy Hill and Atlanta Road," prepared for City of Smyrna by LAI Engineering, dated June 13, 2008 and as further depicted on that document entitled "Proposed Atlanta Road Ward Street Connector City of Smyrna" by Croy Engineering dated February 12, 2009. Such documents are marked as Exhibits "A" and "B" and attached hereto by reference. Such acquisition is necessary for transportation purposes in accordance with O.C.G.A. 932-3-1 et. seq. The City is authorized to acquire said property or interest therein by any and all means allowed including the use of Eminent Domain. ~ 2.) The City believes that there may be unknown persons or non-residents who have or may have some claim or demand on the title or some actual or contingent interest or estate therein and as authorized by O.C.G.A.932-3-4, the City concludes that it is desirable to have a judicial ascertainment of questions connected with the matter. This Resolution was adopted by the Governing Authority of the City of Smyrna, Georgia on the 2nd day of March, 2009. Su an Hiott, City Clerk /~~ A. Max Bacon, Mayor '-'