Loading...
08-02-2010 August 2, 2010August 2, 2010 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. Also present were City Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott Cochran, Assistant City Administrator Tammi Saddler, Community Development Director Ken Suddreth, City Engineer Keith Williams, Planners Rusty Martin and Scott Smith, Fire Chief Jason Lanyon, Community Relations Director Jennifer Bennett, Executive Assistant Lizette Bryan and representatives of the press. Invocation was given by Pastor Steve Kimmel from Smyrna First Baptist Church, followed by the pledge to the flag. Mayor Bacon recognized Mr. Mike Crane, who provided details to those present concerning his candidacy for the U. S. Congress. AGENDA CHANGES: Mayor Bacon stated Variance Request V 10-023 has been withdrawn. MAYOR' S REPORT: LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing -Variance Request V 10-018 -Stream buffer encroachment without state waters - 6000 and 6200 Highlands Parkway - Consultinvest, Inc. Mr. Taylor stated the applicant has requested this variance to allow grading of the subject property for construction of new buildings. Mr. Taylor stated staff and the city engineer have reviewed the plan and recommend approval. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Mr. Suddreth provided additional information to those present concerning the requested variances. Mr. Suddreth stated this variance is being heard by the city council because of citizen opposition. Mr. Williams provided details regarding the affected waterways. Mr. Williams stated Glock has agreed to set aside land, at a ratio of more than two to one favorable to the City, to be permanently used as greenspace as mitigation for the buffer impact. Mr. Suddreth stated staff has determined that the steep slope of the subject property and the location of the streams are exceptional conditions. Mayor Bacon recognized Mr. Joel Larkin, an attorney representing the applicant, and Mr. Larkin commended staff for their work on this project. Mr. Larkin expressed concern about misinformation circulating about this variance. Mr. Larkin provided additional information regarding this variance request. Mr. Larkin provided information regarding the undesirable effects of potential alternatives to the proposed plan, and efforts by the applicant to address concerns of residents. Mr. Larkin stated there is no contamination and no explosion hazard at the subject location. Mr. Larkin stated Glock was not amenable to certain requests, including requests for construction of a park and a $150,000 non-refundable August 2, 2010 2 contribution against potential damage. Mr. Larkin stated Glock plans to pipe an internal ditch in order to control stormwater runoff, and there is no harm in this. Mayor Bacon asked Mr. Larkin if the requests set forth in a letter to Glock from an attorney representing the Wetherbrooke community for construction of a park and a $150,000 to be used at their discretion are customary, and Mr. Larkin stated the applicant would pay for any damages which may be caused by the proposed construction. (Clerk's note: reference letter from Lazega & Johanson, LLC to the City dated June 15, 2010) Mayor Bacon recognized Ms. Roberta Cook, who expressed opposition to the proposed variances. Ms. Cook stated Glock made a mistake by buying steeply graded land for construction of large buildings. Ms. Cook stated the proposed construction will create more impervious surfaces. Ms. Cook showed photographs of flooding in the surrounding area to the present officials. Mayor Bacon recognized Mr. Bob Hutchins, residing on Prince Road, who provided details to those present concerning an incident he experienced with Glock surveyors. Mr. Hutchins expressed concern about many acres being clear cut, and stated the stream on the subject property is usually flowing. Mayor Bacon recognized a citizen residing on Prince Road, who expressed concerns about island annexation. The citizen expressed concerns about the Glock construction. Mayor Bacon recognized another citizen residing on Prince Road, who expressed concerns about cutting trees on the subject property and continuing development. The citizen stated the stream on the subject property is usually flowing. Mayor Bacon recognized Mr. Michael Murphy, and Mr. Murphy expressed concerns about flooding in the surrounding area. Mr. Murphy expressed opposition to the requested variances. Mayor Bacon recognized Mr. Steve Balyo, who expressed opposition to the requested variances. Mr. Balyo stated Glock proposes to cut many trees in order to find a place to store dirt cheaply. Mr. Balyo expressed the view that this proposal will create an eyesore. Mr. Balyo stated that approval of these variances will contradict some of the City's stated goals. Mr. Balyo expressed concerns about flooding in the surrounding area. Mayor Bacon recognized Ms. Beth Park, and Ms. Park discussed stream buffer ordinance provisions. Ms. Park expressed the view that the proposed variance will negatively affect streams on the subject property. Ms. Park asked the present officials to justly enforce laws they have created. Ms. Park expressed opposition to the proposed variances. Mayor Bacon recognized Mr. Ben Clopper, who expressed concerns about four acres of stream land being developed. Mr. Clopper stated Glock wants the variances to make it easier to develop. Mr. Clopper stated Glock was aware of potential hardships on the subject property. Mr. Clopper asked the present officials to deny the requested variances. August 2. 2010 3 Mayor Bacon recognized Ms. Susan Penick, and Ms. Penick expressed concerns about compatibility of various zonings in the subject area and noise pollution. Ms. Penick expressed concerns about flooding in the surrounding area. Mayor Bacon recognized Ms. Kim Childs, and Ms. Childs provided information to those present about the City code of ordinances. Ms. Childs expressed the view that the requested variances should be opposed. Ms. Childs expressed the view that the present hearings have not been sufficiently advertised. Mayor Bacon recognized Mr. Wayne Waldrip, and Mr. Waldrip expressed the view that the proposed contouring of the subject property is drastic and makes no sense from an environmental standpoint. Mr. Waldrip proposed an alternative plan for the subject property, and stated he believes the site will need a retention pond. Mayor Bacon recognized Mr. James Gwynn (phonetic), and Mr. Gwynn expressed concerns about flooding in the surrounding area. Mayor Bacon recognized Mr. Gary Voss (phonetic), and Mr. Voss expressed concerns about flooding in the surrounding area. Mayor Bacon recognized Mr. Brian Bober, and Mr. Bober expressed concerns about a retention pond on ~'"` his property. Mr. Bober expressed concerns about the backgrounds of people who may be working on the project, the need for fencing in the area, and concerns about encroachment by Glock on surrounding residences. Mr. Bober stated he wants assurance that Glock will provide screening trees in the area and accept input from residents of the area regarding other points. Mayor Bacon recognized Mr. Brian Berman (phonetic), who expressed concerns about testimony from citizens suggesting that all the proper steps may not have been taken by Glock. Mr. Berman commented favorably about potential economic benefits to the community which may be realized, and expressed concerns about flooding in the subject area. Mayor Bacon recognized. Mr. Rob Garcia, who expressed support for Glock and the requested variances. Mr. Garcia commented favorably about Glock as a corporate citizen, and stated this expansion will be good for economic development. Mayor Bacon recognized Ms. Amanda Wise (phonetic), who expressed opposition to the requested variances. Ms. Wise expressed concerns about potential crime associated with construction in the subject area. Ms. Wise expressed concerns about an industrial facility in close proximity to her residence. Mayor Bacon recognized Mr. Alec Ibutin (phonetic), and Mr. Ibutin stated he would like information concerning economic impact of the proposed expansion and the type of process proposed. Mr. Ibutin expressed opposition to the requested variances. ~"""' Mayor Bacon recognized Ms. Stacy Wood, and Ms. Wood expressed opposition to the variance requests. Ms. Wood provided details to those present concerning an explosion which previously occurred at the subject location. Ms. Wood expressed the view that the proposed use of the subject property may not August 2, 2010 4 comport with the definition of reasonable use. Ms. Wood expressed concern that there will be heavy industrial activity on the subject property. Mr. Cochran stated that when a hearing is advertised and then subsequently continued at a public meeting to another meeting at a specific time, then the advertising requirements have been complied with. Mr. Williams stated there are no regulations which prohibit construction on property with steep slopes. Mr. Williams provided details concerning the manner in which peak runoff rate is controlled by storm water management practices. Council Member McNabb asked if it is correct that the applicant can build a covered stream crossing connecting the two sides of the subject property without a variance, and Mr. Williams answered in the affirmative. Council Member McNabb asked if it is correct that denial of the variance requests could actually result in greater unfavorable impact on the stream and downstream flows, and Mr. Williams indicated that such a potential exists because without a variance there would be no opportunity to set aside a dedicated undisturbed greenspace buffer. Chief Lanyon stated he has encountered few safety problems at Glock. Chief Lanyon stated the building at which the explosion occurred has a full sprinkler system which contained the fire. Chief Lanyon stated any new buildings will be required to have sprinklers. Mr. Larkin advised that the incident was caused by someone who brought in and used a personally owned grinding tool and was not connected to normal facility activities. Mr. Larkin stated there are no hazards related to lead contaminants at the Glock facility. Mayor Bacon asked if it is correct that all expressed citizen concerns relating to these variance requests have been addressed and that the favorable recommendation stands, and Messrs. Suddreth and Williams answered in the affirmative. MOTION: Council Member Wood made a motion to approve Variance Request V 10-018 for stream buffer encroachment without state waters at 6000 and 6200 Highlands Parkway for Consultinvest, Inc. Council Member Lnenicka asked if the motion includes stipulations as formulated by staff and an expansion of stipulation #2 to include a crossing guard requirement for any other locations where a need for such assistance is substantiated, and Council Member Wood answered in the affirmative. The motion was seconded by Council Member Pritchett. Council Member Newcomb thanked the citizens who took the time to attend this meeting and take an interest in their community. Council Member Newcomb stated more intense uses could have been put on the subject property, and that many surrounding properties have been rezoned from more intense uses to residential use. Council Member Newcomb stated nearly five acres will be set aside as greenspace as a mitigation measure. Council Member Anulewicz thanked everyone for attending this meeting. Council Member Anulewicz stated she is more comfortable with this plan now that stipulations are in place. Motion was approved 7 - 0. (Clerk's note: A list of stipulations for Variance Request V10-018 is appended hereto) August 2.2010 5 (B) Public Hearing -Variance Request V 10-019 -Stream buffer encroachment with state waters - 6000 and 6200 Highlands Parkway -Consultinvest, Inc. MOTION: Council Member Wood made a motion to approve Variance Request V 10-019 for stream buffer encroachment with state waters at 6000 and 6200 Highlands Parkway for Consultinvest, Inc. subject to stipulations as formulated by staff and agreed to by the applicant. The motion was seconded by Council Member Pritchett. Motion was approved 7 - 0. (Clerk's note: A list of stipulations for Variance Request V 10-019 is appended hereto) (C) Public Hearing- Variance Request V 10-023 -Reduction of front setback from 40' to 34' - 1461 Veterans Memorial Highway - RaceTrac Petroleum, Inc. Mayor Bacon stated this request has been withdrawn. PRIVILEGE LICENSE: (A) Public Hearing-New application- retail pouring sales of beer and wine- Kasa Baan Thai LLC dba Baan Thai Restaurant- Sukunya Saechia- 3315 South Cobb Drive Mr. Taylor stated a background investigation conducted by the City police department disclosed no ~. information which would preclude issuance of the requested license, and that staff recommends approval of the request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member McNabb recognized Ms. Saechia, who provided details to those present concerning Baan Thai Restaurant (BTR). Council Member McNabb asked Ms. Saechia if she has completed the responsible alcoholic beverage sales and service CRASS) class as required by ordinance, and Ms. Saechia answered in the affirmative. Council Member McNabb advised Ms. Saechia that local authorities will from time to time conduct undercover inquiries at establishments licensed to sell alcoholic beverages to help gauge compliance with pertinent regulations, and emphasized the importance of proper training of staff. MOTION: Council Member McNabb made a motion to approve the new application for retail pouring of beer and wine for Kasa Baan Thai LLC dba Baan Thai Restaurant at 3315 South Cobb Drive for Sukunya Saechia as agent. The motion was seconded by Council Member Newcomb. Motion was approved 7 - 0. (B) Public Hearing -new application -retail package sale of beer and wine - Walgreens 05901 - Benford Oliver Lackey III- 2390 South Cobb Drive Mr. Taylor stated a background investigation conducted by the City police department disclosed no information which would preclude issuance of the requested license, and that staff recommends approval ~.. of the request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. August 2, 2010 6 Council Member Smith recognized Mr. Lackey, along with Mr. Kevin Leff, an attorney representing Walgreens, and Mr. Leff provided details regarding the company's alcoholic beverage sales program. Council Member Smith asked Mr. Lackey if he is aware that local authorities will from time to time conduct undercover inquiries at establishments licensed to sell alcoholic beverages to help gauge compliance with pertinent regulations, and Mr. Lackey answered in the affirmative. MOTION: Council Member Smith made a motion to approve the new application for retail package sale of beer and wine at Walgreens 05901 at 2390 South Cobb Drive for Benford Oliver Lackey III. The motion was seconded by Council Member Pritchett. Motion was approved 7 - 0. (C) Public Hearing- new application-retail package sales of beer and wine -Walgreens 05902 - Marcia IWilson - 2670 Cobb Parkway Mr. Taylor stated a background investigation conducted by the City police department disclosed no information which would preclude issuance of the requested license, and that staff recommends approval of the request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Pritchett recognized Ms. Wilson, who provided details concerning the company's alcoholic beverage sales program. Council Member Pritchett asked Ms. Wilson if she is aware that local authorities will from time to time conduct undercover inquiries at establishments licensed to sell alcoholic beverages to help gauge compliance with pertinent regulations, and Ms. Wilson answered in the affirmative. MOTION: Council Member Pritchett made a motion to approve the new application for retail package sales of beer and wine at Walgreens 05902 for Marcia I. Wilson at 2670 Cobb Parkway. The motion was seconded by Council Member Newcomb. Motion was approved 7 - 0. FORMAL BUSINESS: (A) Public hearing -Adoption of 2010 millage rate - 8.99 mills Mr. Taylor stated the council is required to adopt a millage rate annually based on the digest provided by the Cobb County Tax Assessor. Mr. Taylor stated staff recommends maintaining the millage rate at 8.99 mills. MOTION: Council Member Wood made a motion to approve the millage rate of 8.99 mills. The motion was seconded by Council Member Lnenicka. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. August 2. 2010 ~' 7 Council Member Newcomb stated the City's millage rate has been reduced or maintained for the last nineteen years. Council Member Lnenicka commended the City staff for their efforts to increase efficiencies to help make this possible. Council Member McNabb stated the City's wellness program has saved a great deal of money on employee health care costs. Motion was approved 7 - 0. (B) Reappointment of Council's Civil Service Board Member MOTION: Council Member Lnenicka made a motion to reappoint George Davis to another term as the council's civil service board representative commencing August, 2010. The motion was seconded by Council Member Wood. Motion was approved 7 - 0. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approve July 19, 2010 minutes (B) Approval of Birthday Celebration 2010 Market Village Expansion Saturday, August 7, 2010, from 2:00 p.m.- 10:45 p.m. (C) Approval for Market Village Octoberfest Oct., 23, 2010 from 2 p.m. - 10:45 p.m. (D) Approval for the City of Smyrna to renew its participation in the State of Georgia Microsoft Select agreement and authorize the Mayor to sign renewal documents (E) Approval of Taste of Smyrna 2010 Market Village (West Spring Street) Expansion Sept. 18, 2010 MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - 0. COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. Council Member Lnenicka reminded everyone about the upcoming Birthday Celebration, and thanked the citizens for attending this meeting to express their views. Council Member Smith recognized Ms. Bennett, who provided details concerning the upcoming Birthday Celebration. Council Member McNabb stated that maintaining the current millage rate is a remarkable accomplishment. AuQUSt 2, 2010 Council Member Anulewicz yielded the floor with no report. Council Member Newcomb yielded the floor with no report. Council Member Pritchett yielded the floor with no report. Mr. Cochran stated the tax laws never contemplated a decrease in the digest of property values, so maintaining the current millage rate is in effect a tax decrease. CITIZENS INPUT: Mayor Bacon recognized Ms. Judy Ussing, residing at 1005 Mill Pond Drive, and Ms. Using encouraged people to consider running for Smyrna city council in the upcoming election. Ms. Using stated there are many areas of the City which need improvement. Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, who provided information concerning the City budget, reductions of city services and budget decreases. Mayor Bacon recognized Ms. Beth Park, and Ms. Park expressed disappointment at the decision made by the city council regarding the Glock variances. Mayor Bacon recognized Mr. Steve Balyo, who also expressed disappointment at the decision made by the city council regarding the Glock variances. Mr. Balyo stated the affected citizens had hoped for some form of compensation to offset the decline in the value of their property they anticipate as a result of the Glock expansion. Mr. Balyo provided details of the proposed construction which he believes will be harmful to nearby residences. Mayor Bacon stated some people try to make comments about the City's budget compared to that of Marietta that are nothing more than misinformation. Mayor Bacon stated he is glad to see citizens at the meeting becoming involved in the community. Mayor Bacon stated exhaustive efforts have been made to make certain reliable information was available in the decision-making process undertaken this evening. Mayor Bacon stated Glock did not have to obtain a variance in order to accomplish their plans. Mayor Bacon stated he believes the applicant has made valuable concessions. Mayor Bacon stated visiting the affected area in person provided him with useful insight into this matter. With no further business, the meeting was adjourned at 11:08 p.m. August 2. 2010 A. MAX BACON, MAYOR v ._~. M~E~,L,EN~ PRITCHETT, WARD 1 SUSAN D. HIOTT, CITY CLERK RON NEWCOMB, WARD 2 ~~ C Q~ MIC EL McNABB, R WADE S. LNEN KA, WARD 6 ~~~ ~ ~ CHARLES PETE WOOD, WARD 7 August 2, 2010 10 Stipulations for Variance Request V 10-018 1. Mitigation of the (66,400 square foot (sgft) encroachment into the 50-foot undisturbed buffers must be provided at a rate of 1:1 elsewhere on site or on other property owned by the applicant. A separate mitigation site plan must be submitted for approval prior to issuance of a land disturbance permit. 2. Glock should provide a flagman or crossing guard in front of the Wetherbrooke Subdivision for the hour in the morning and hour in the afternoon when children are present going and coming from school, as well as for any other locations where a need for such assistance is substantiated. Exact hours shall be determined and agreed upon between Glock and Wetherbrooke HOA. 3. 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 Glock and a representative from Wetherbrooke 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 that cannot be otherwise resolved. 4. All sides of any proposed or future Glock buildings visible from the Wetherbrooke Subdivision shall consist of a brick facade. 5. Glock shall utilize 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" to prevent illumination into any of the homes in the Wetherbrooke Subdivision. 6. The current condition of Camp Highland Road shall be assessed and documented by a representative of Glock and verified by the City Engineer. A maintenance agreement shall then be entered into with the City of Smyrna in order to correct any negative impact of construction traffic on the road surface. 7. Exclusive of construction periods, Glock agrees that any gate structure at the terminus of Camp Highland Road shall be constructed in such a manner as to provide access to the property for City of Smyrna emergency vehicles only. Where feasible, access roads on Glock property intended for emergency vehicles only shall be constructed of grass pavers to minimize visual impact. AU$USt 2. 2010 11 Stipulations for Variance Request V 10-019 Mitigation of the X39,800 square foot (sgft) encroachment into the 50-foot undisturbed buffers must be provided at a rate of 1:1 elsewhere on site or on other property owned by the applicant. A separate mitigation site plan must be submitted for approval prior to issuance of a land disturbance permit. 2. Glock should provide a flagman or crossing guard in front of the Wetherbrooke Subdivision for the hour in the morning and hour in the afternoon when children are present going and coming from school, as well as for any other locations where a need for such assistance is substantiated. Exact hours shall be determined and agreed upon between Glock and Wetherbrooke HOA. 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 Glock and a representative from Wetherbrooke 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 that cannot be otherwise resolved. 4. All sides of any proposed or future Glock buildings visible from the Wetherbrooke Subdivision shall consist of a brick facade. 5. Glock shall utilize 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" to prevent illumination into any of the homes in the Wetherbrooke Subdivision. The current condition of Camp Highland Road shall be assessed and documented by a representative of Glock and verified by the City Engineer. A maintenance agreement shall then be entered into with the City of Smyrna in order to correct any negative impact of construction traffic on the road surface. 7. Exclusive of construction periods, Glock agrees that any gate structure at the terminus of Camp Highland Road shall be constructed in such a manner as to provide access to the property for City of Smyrna emergency vehicles only. Where feasible, access roads on Glock property intended for emergency vehicles only shall be constructed of grass pavers to minimize visual impact. 8. Receipt of approval for disturbance of any State Waters and associated buffers having State of Georgia jurisdiction must be received by the City Engineer prior to grading activities in the areas.