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020701 Council Meeting July 1, 2002 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 Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Chris Miller, and representatives of the press. Invovation was given by Pastor Chuck Moon of Tillman United Methodist Church, followed by the pledge to the flag CITIZENS INPUT: Mayor Bacon stated agenda items 4F and 4G will be tabled until the July 15, 2002 Council meeting. Mayor Bacon recognized Mr. Charlie Levinson, who stated a debate among the Republican candidates for the post of Lieutenant Governor will be held at the Renaissance Waverly Hotel on July 17, 2002. Mayor Bacon recognized Mr. Dan White, who expressed appreciation for the attention afforded to the question of sidewalks on Cooper Lake Road at the last Council meeting, and for the opportunity for citizens to come together as a community to express their views. MAYOR’S REPORT: Mayor Bacon stated agenda items 4F and 4G will be tabled until the July 15, 2002 Council meeting. PUBLIC HEARINGS: (A) Rezoning Request - .41 Acre Tract from R-20 to RAD Conditional – Land Lot 477 near Cooper Lake Road and King Springs Road – Old Cabin Trace Development, Inc. Mr. Wright stated that there is an existing, approved subdivision in the area and that there is a request to add a .41 acre lot to the subdivision by annexing it into the City. Mr. Wright stated the density of the subdivision will increase slightly if the annexation is approved, and that the Planning and Zoning Board has approved the proposed changes to the subdivision. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Tommy Sweet, representing Old Cabin Trace Development, Inc. (OCTD). Council Member Wood stated that last month the subdivision plan was modified to add three parcels. Mr. Sweet stated the number of lots will increase from 34 to 35 if the annexation is approved, and that the existing structure will be retained as an accessory building. Mr. Sweet stated the developer will be able to install a sidewalk from King Springs Road which will cover the frontage of the subdivision along Cooper Lake Road. MOTION: Council Member Wood made a motion to approve a rezoning request for a .41 acre tract from R-20 to RAD Conditional , Land Lot 477 near Cooper Lake Road and King Springs Road, for Old Cabin Trace Development, Inc., with the following stipulations: 1. The existing residence which will be incorporated into Lot 6 shall be used as an accessory structure only and not as a separate dwelling unit. No kitchen shall be permitted. 2. Protective covenants shall be provided for all lots with mandatory homeowners association. 3. Storm water detention shall be designed to create at least a 10% reduction in the 100 year storm event and the City Engineer shall approve all plans. 4. All detention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 5. All utilities within the development shall be underground. 2 6. The developer shall comply with the City’s current tree ordinance and plans shall be submitted to the City for review and comment prior to construction. 7. The protective covenants will require all non-resident property owners to keep the homeowners association advised of the current address and phone numbers where they can be reached. 8. Landscaped front entrance with monument sign indicating the name of the development and deceleration lanes shall be provided at the entrance as required by the City Engineer. 9. No debris may be buried on any lot or common area. 10. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. 11. All yards and common areas are to be sodded, and landscaped – irrigate as appropriate. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 13. Each lot shall have four trees replanted per lot – 4 – 3” caliper or 2 – 2” and 2 – 4”. The following species of trees may be used: Nuttall Oak, Allee Elm and Village Green Zelkova. Other species may be used if approved by the City. In the event that a 12” caliper or larger hardwood tree is saved on a lot, the replanting shall be waived. 14. All streets shall have a sidewalk on two sides. Alternatively, the developer may work with the City Engineer to install a sidewalk along Cooper Lake Road and a sidewalk on one side of the internal streets. 15. A grass buffer with a minimum width of 2’ shall be provided between the back of curb and sidewalk. 16. New homes adjacent to streets outside development shall be four sided brick, stucco, stone or architectural shakes. 17. Developer shall install a 6’ masonry wall, wrought iron fence, or a combination of both along the frontage of the development. 18. Developer shall provide a minimum of 20’ undisturbed buffer along the frontages of streets outside the development. 19. Developer shall provide at least 200 square feet of common space per lot that shall be controlled and maintained by the Homeowners Association. 20. Applicant will donate sufficient right of way on the north side of Cooper Lake Road to establish a minimum distance of 40’ from the roadway centerline. 21. Applicant will be responsible for curb, gutter and sidewalks on both sides, along the deceleration lanes as required by the City Engineer. Mr. Sweet asked Mr. Wood if it would be possible to keep the bathroom in the accessory structure, and Mr. Wood stated such an amendment can be added subject to approval by the Community Development Director. The motion was seconded by Council Member Lnenicka. Motion was approved 7 – 0. (B) Development Plan Amendment Request – Incorporation of .41 Acre Tract of Annexed Land - Land Lot 477 near Cooper Lake Road and King Springs Road – Old Cabin Trace Development, Inc. MOTION: Council Member Wood made a motion to approve a development plan amendment request for incorporation of .41 acre tract of annexed land, Land Lot 477 near Cooper Lake Road and King Springs Road for Old Cabin Trace Development, Inc., and the motion was seconded by Council Member Lnenicka. Motion was approved 7 – 0. (C) Rezoning Request – 2.42-Acre Tract from Office Distribution (OD) to Office Institutional (OI) – Land Lot 379 on Ask-Kay Drive near South Cobb Drive – The Universal Church Mr. Wright stated stated the rezoning request is for a change from OD to OI in order to establish a church in the subject area. Mr. Wright stated a church is not an approved use for the existing zoning (OD). Mr. Wright stated that, contrary to the recommendation of the Planning and Zoning 3 Board, staff does not support the rezoning. Mayor Bacon stated this is a public hearing and asked for public comment, and several persons were administered the oath by Mr. Cochran. Council Member Cramer recognized Mr. Tim Minors, an attorney representing The Universal Church (UC). Mr. Minors made reference to a comment made previously by Mr. White regarding a sense of community, and added that churches are important to a community. Mr. Minors stated that UC ministers to many members of the Latino population, and that without a UC facility in the City, UC members must travel to a site in Atlanta for services. Mr. Minors introduced Ms. Mary Kowalski, a landscape architect, who presented a proposed site plan for the church, and provided details relating to the plan. Mr. Minors stated that Mr. Steve Askea has raised objections to the parking area and safety questions pertaining to the intersection of Ask-Kay Drive and South Cobb Drive. Mr. Minors provided statistics about vehicular traffic in the subject area for those present. Council Member Cramer asked Mr. Minors to confirm that daily morning services are planned at the proposed UC location, and Mr. Minors answered in the affirmative. Mayor Bacon pointed out that many of the UC attendees will be using public transportation, and asked how they would cross South Cobb Drive to get from the bus stop to the proposed UC location, and Mr. Minors stated they will have to cross at the Church Street intersection. Council Member Cramer asked if there will be day care available at the proposed UC location, and Mr. Minors answered no. Mr. Minors introduced Mr. Chris Loscosco, who explained programs for children planned at UC. Council Member Cramer asked Mr. Loscosco to provide details about planned morning programs at UC, and Mr. Loscosco stated various service times are planned to accommodate UC members who work various shifts. Council Member Scoggins asked if the subject of parking at the proposed UC location has been adequately addressed, and Council Member Cramer stated he is concerned that potential wetlands in the area near the parking space have not yet been clearly identified as such. Ms. Kowalski stated she is confident about 20 parking spaces can be added, and that she believes there may be no designated wetlands in the area. Council Member Pritchett asked Mr. Miller if the City has received all surveys, studies and other information needed for evaluation of the rezoning request, and Mr. Miller stated that the information received from the applicant is adequate for the City’s needs. Council Member Scoggins asked Mr. Miller for a recommendation, and Mr. Miller stated staff does not support the rezoning. Council Member Scoggins asked Mr. Miller if it is correct that staff’s opposition to the rezoning is based on incompatibility with the other uses in the subject area, and Mr. Miller answered in the affirmative. Mr. Minors expressed disagreement with Mr. Miller’s position, and cited various excerpts from the staff report and other research which he believes supports the UC’s position. Mr. Minors explained the benefits to the subject area that he believes will come about if the rezoning is approved. Mayor Bacon recognized Mr. Steve Askea, owner of Ask-Kay Electrical Contractors, Inc. Mr. Askea stated he also represents B & G Properties, which is owned by his parents. Mr. Askea stated he believes the buildings in the subject area are well-maintained. Mr. Askea stated he is not opposed to churches, but that he is opposed to locating a church at the site proposed by UC. Mr. Askea stated the subject area is a business park, and that the buildings there are of a commercial/ industrial type. Mr. Askea stated that traffic in the area is heavy and potentially dangerous. Mr. Askea stated he has seen rain accumulate on the ground in the subject location, and that he believes it may really be designated wetlands. Mr. Askea stated he does not believe the proposed UC site is an appropriate location for a church. Council Member Cramer asked Mr. Askea if the twenty signatures he saw on a petition expressing opposition to the rezoning were from tenants in the subject location, and Mr. Askea stated they were from tenants or employees of tenants. Council Member Cramer asked Mr. Askea to describe truck traffic in the subject location, and Mr. Askay stated that large commercial transport trucks come to the area in connection with cargo carriage and that this type of traffic is frequent. Council Member Newcomb asked Mr. Askea to describe the types of businesses that are in the subject area, and Mr. Askea stated the businesses there include a car business, an electrical wholesale house, a vehicle restoration shop, a printing company, a rubber pipe sales company, an electrical control supplier, a company which sells fans, paint and other supplies, a plastic bag purveyor, and a bulk mail service company. Council Member Newcomb asked Mr. Askea how many businesses are there, and Mr. Askea stated fifteen. Council Member Newcomb asked Mr. Askea how many entrances there are to the office park, and Mr. Askea stated there is only one. Council Member Hawkins asked Mr. Askea what entity previously occupied the existing building at the proposed UC site, and Mr. Askea stated it was the Georgia Department of Labor, and that the building is now vacant and deteriorating. Council Member Hawkins asked Mr. Askea who owns the subject property now, and Mr. Askea stated he believes it is owned by a gentleman named Roy Summers. Mr. Minors stated that Mr. Askea has previously rented space in the subject area to a church. Mr. Minors stated that he believes the questions regarding water run-off have been properly addressed by qualified professionals. Mr. Minors stated the only objection Mr. Askea might have would relate to limited parking, and that plans are in place to correct this deficiency. Mr. Minors 4 stated the proposed UC site is a good place for a church and that a church is needed. Mr. Minors asked the Council to approve the rezoning request. Council Member Cramer made reference to some questions Mr. Minors had raised regarding the staff report, and stated that “rezoning” seems to be a key consideration in this matter. Mr. Miller stated that part of the issue pertains to specific use, i.e., a church, versus a zoning category, and that this is an important distinction because a church is one use within the OI category, which includes other uses such as convalescent homes and others as well. Mr. Miller stated both OI and OD zoning categories include the word “office” in them, and the majority of uses in each category would be compatible in an area with each other. Mr. Miller stated that it is staff’s opinion that a church would not be appropriate, and that the reasons therefor are set forth in the staff memo- randum, including potential traffic and access problems. Mr. Miller stated the compatibility of a proposed use with other existing uses in the affected area must be taken into consideration. Mayor Bacon asked Mr. Miller if the rezoning were approved, if there is any guarantee a building permit could be issued for a new UC building with the flooding problems which may exist in the proposed construction area. Mr. Miller stated there is no guarantee that a permit could be issued, and that additional work would need to be done. Mayor Bacon asked Mr. Miller who determines whether or not the property is in a flood plain, and Mr. Miller stated the City Engineer makes that determination. Mayor Bacon asked Mr. Miller if it is acceptable to put parking space in an area designated as flood plain, and Mr. Miller answered in the affirmative. Mr. Miller stated that there are flood plain issues at the subject property. Mayor Bacon asked if the proposed new con- struction would have the same “footprint,” and Mr. Minors stated there would be some minor changes to satisfy setback requirements, but that the proposed new building would be built upon almost the same ground. Council Member Cramer stated again that rezoning is a key consideration in this matter, and that the information presented has not persuaded him that a change in zoning is justified. Council Member Cramer expressed the view that a church would not be compatible with the other uses currently in the subject area. MOTION: Council Member Cramer made a motion to deny a rezoning request for a 2.42-acre tract from Office Distribution (OD) to Office Institutional (OI) for Land Lot 379 on Ask-Kay Drive near South Cobb Drive for The Universal Church, and the motion was seconded by Council Member Hawkins. Council Member Hawkins stated that staff has clearly set forth the reasons for opposing the proposed rezoning in their report. Council Member Newcomb stated that a church would not be appropriate in area with heavy commercial-type use. Motion was approved 7 - 0. (D) Zoning Amendment Request – 6.36 Acre Tract, 10’ Reduction in Front Yard Setbacks Requirement – Land Lots 398 and 399, Vinings Estates – John Wieland Homes and Neighborhoods (JWHN) Mr. Wright stated that there is a minimum setback requirement of 20’ in the development, and that the developer has found some steep slopes in the proposed construction area. Mr. Wright stated the developer is requesting a front yard setback reduction to 10’ for fifteen houses in the affected area, and that staff supports this proposed amendment. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Scott Auer, Project Manager for JWHN. Mr. Auer stated the setback reduction request is being made because of the steep topography on these particular lots and that the setback reduction, if approved, would optimize the owners’ chance of having a back yard of adequate size. Council Member Wood stated that the setback reduction would not adversely affect parking on the driveways of the affected dwellings. Council Member Lnenicka asked Mr. Auer to clarify the actual distances involved, and Mr. Auer explained the distance from the curb to the building would be about 22’. Council Member Hawkins asked Mr. Auer if the intention of JWHN is to increase the size of the affected houses’ back yards by moving them forward on the lots, and Mr. Auer answered in the affirmative. Council Member Wood asked Mr. Auer if it is correct that the proposed change would not affect any existing property owners, and Mr. Auer answered in the affirmative. Council Member Cramer asked Mr. Auer if any checks have been made to determine if the proposed parking areas will be large enough to accommodate any vehicle a homeowner might be expected to store at their residence, and Mr. Auer explained that the typical garage built by JWHN is 21’ deep, which can accommodate Suburban-type vehicles and similarly large vehicles. Council Member Wood stated that staff supports the proposed change. MOTION: Council Member Wood made a motion to approve a zoning amendment request for a 6.36 acre tract for a 10’ reduction in front yard setbacks requirements for Land Lots 398 and 399 for Vinings Estates for John Wieland Homes and Neighborhoods, and the motion was 5 seconded by Council Member Cramer. Motion was approved 7 – 0. (E) Rezoning Request – 4.32 Acre Tract from R-15 to RAD Conditional – Land Lot 457 on Gann Road near Reed Road – The French Colony Mr. Wright stated the proposed new construction is for twelve single-family homes with an average lot size of 13,000 square feet. Mr. Wright stated that all zoning requirements have been met except the minimum lot size, and that staff and PZB support the rezoning request with certain conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Council Member Wood recognized Ms. Orna Kadish. Ms. Kadish stated that the houses will have superior materials on three sides, and that some, but not all, of the houses will have basements. Council Member Wood asked if it is correct that eleven new homes will be built with an existing home to remain, and Ms. Kadish said yes. Council Member Wood asked if the existing home is to be renovated, and Ms. Kadish stated it probably will be. Mayor Bacon recognized Mr. Ben Johnson, residing on Gann Road, who expressed the view that the density of the proposed development is too high for the area it is in. Council Member Cramer stated the proposed density is 2.7, which he considers low. Council Member Wood stated that the average lot size is 13,000 square feet with all setback requirements met. Mr. Johnson stated his objection is to any lot which is small. Mr. Johnson asked for clarification as to what exactly constitutes the “superior materials” specified for three sides of the new houses, and Ms. Kadish stated it is brick, stucco, or decorative siding. Mayor Bacon recognized Mr. Fred Salati, a resident of Reed Place, who expressed the view that the density of the proposed subdivision may be high. Mr. Salati stated the road in the affected area is curved and potentially hazardous, especially around the entrances. Mr. Miller stated that signs pertaining to rezoning are required to be posted 15 days before the Council meeting. Mr. Miller stated the City is also required by law to advertise the hearing information at least 15 days before the meeting date. Mayor Bacon asked Mr. Miller about the concerns expressed regarding the curving road and the location of subdivision entrances, and Mr. Miller stated there are some requirements regarding clear sight distance when subdivision entrances are sited. Mr. Miller stated that, although some hills and curves exist in the subject area, placing an entrance there does not create an unsafe situation. Mr. Miller stated that the density of the proposed subdivision is within the guidelines of the City’s land use plan, and is not considered a high-density project. Mr. Miller also stated that certain unusual circumstances associated with The French Colony project would preclude any precedents being set. Mayor Bacon asked Mr. Miller if there is a minimum distance requirement between an existing tower on the subdivision property and the dwellings to be built, and Mr. Miller stated that he does not know of any such distance requirement. Mayor Bacon recognized Mr. Rick Brown, who stated when he sold the subject property to the developer, a condition of the sale was that the density of any construction cannot exceed three units per acre. Mr. Brown stated he has driven on the roads in the subject area for many years, and he does not anticipate any driving hazard to the residents of the proposed subdivision. Mr. Brown stated the proposed subdivision is the best use for the land and for the City. Council Member Wood asked Ms. Kadish to provide details about the proposed structures, and Ms. Kadish provided illustrations and a general description. Council Member Wood asked Ms. Kadish if it is correct that the houses will start at about $250,000, and Ms. Kadish answered in the affirmative. Council Member Wood read the stipulations for the development as follows: 1. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development. 2. The development shall maintain the following minimum standards: front yard setback – 35’, rear yard setback – 30’, side yard setback – 10’ and a minimum house size of 2,200 square feet of heated and cooled space excluding the garage and basement areas. The elevations for each residence shall be consistent with the elevations presented to the Planning and Zoning Board at its June 10, 2002 Meeting. 6 3. The storm water detention plan shall be designed to create at least a 10% reduction in a 100- year storm event. The City Engineer shall approve all plans. 4. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 5. All utilities within the development shall be underground. 6. The developer will comply with the City’s current tree ordinance and plans shall be submitted to the city arborist for review and comment prior to construction. 7. The protective covenants will require all non-resident property owners to keep the Homeowners Association advised of the current address and phone numbers where they can be reached. 8. There shall be a landscaped front entrance, with monument, indicating the name of the development. Deceleration lanes shall be provided at the entrance if deemed necessary by the City Engineer. The location of any entry gate shall be approved by both the City Engineer and the Director of Community Development prior to construction. 9. No debris may be buried on any lot or common area. 10. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. 11. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 13. Each lot shall have the following trees replanted per lot either: four 3” caliper trees or two 2” caliper and two 4” caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. In the event that a 12” caliper or larger hardwood tree is saved on a given lot, the replanting requirements for that given lot may be waived. 14. A sidewalk shall be added to along one side of the north side of the interior street from the Gann Road entrance to the cul-del-sac. 15. All exterior sides shall be comprised primarily of brick, stucco, stone or architectural shakes. Hardy Plank shall only be used as an accent and not as the primary architectural treatment on any elevation. 16. Developer shall install a 6’ masonry wall, wrought iron fence, or a combination of both along the frontage of the development. 17. Developer shall provide a minimum of 20’ buffer along the frontages of streets outside the development. The entry wall and street may be located within this buffer as required by stipulation numbers 8 and 16 above. 18. A 10’ landscape buffer shall be provided along the north, south and west property lines of the overall development. 19. A strip of brick pavers or stamped concrete shall be installed on the street entrance from Gann Road for a minimum distance of 20 feet. 20. The developer/contractor shall meet with the City before construction begins to identify construction access points to minimize impacts upon adjacent residents. 21. The existing chain link fence that separates the proposed Lot 12 from the property of Richard L. Brown shown on the preliminary plat for Vining Trace Subdivision dated 5-20-02 will remain in place. 22. The minimum sales price in the subdivision shall be $250,000. MOTION: Council Member Wood made a motion to approve a rezoning request for a 4.32 acre tract from R-15 to RAD Conditional for Land Lot 457 on Gann Road near Reed Road for The French Colony, Inc., to include the foregoing 22 stipulations, and the motion was seconded by 7 Council Member Cramer. Council Member Cramer asked Ms. Kadish about installation of a sidewalk in the area, and Ms. Kadish stated the matter has not been addressed. Motion was approved 7 – 0. (F) Rezoning Request – 5.129 Acre Parcel from Future Commercial (FC) and R-15 (SFR) to CBD Conditional (Central Business District) – Concord Road near Dunton and Hunter Streets and between Nichols and Pickens Streets – TennTech Mayor Bacon stated this item is tabled until a subsequent Council meeting. (G) Land Use Change Request – Low Density Residential to Central Business District - Concord Road near Dunton and Hunter Streets and between Nichols and Pickens Streets – TennTech Mayor Bacon stated this item is tabled until a subsequent Council meeting. MOTION: Council Member Hawkins made a motion to table items (F) and (G) until the July 15, 2002 Council meeting, and the motion was seconded by Council Member Wood. Motion was approved 7 – 0. (H) Variance Request – Reduction in Number of Required Parking Spaces – Area of Lake Drive – Concord Road Body Shop/Cecil Pickens Mr. Wright stated that, based on square footage of the proposed structure, the Smyrna Zoning Code requires 153 parking spaces, and the applicant is requesting a reduction to 114. Mr. Wright stated that staff supports the variance with certain stipulations. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins recognized Mr. James D. Pickens, and asked him to provide details regarding the variance request. Mr. Pickens stated that the business owner is requesting to reduce the required number of parking spaces at the proposed site, and expressed the view that the reduced number of spaces should be adequate for the volume of vehicles expected. Council Member Hawkins asked Mr. Pickens how many vehicles could be stored in the proposed building, and Mr. Pickens said about 75. Council Member Hawkins asked Mr. Pickens if staff stipulations regarding landscape islands after every tenth parking space and a 15’ wide landscape buffer along Lake Drive are acceptable, and Mr. Pickens answered in the affirmative. MOTION: Council Member Hawkins made a motion to approve a variance request for reduction in number of required parking spaces from 153 to 114 in the area of Lake Drive for Concord Road Body Shop with the stipulations that landscape islands be installed after every tenth parking space and a 15’ wide landscape buffer be installed along Lake Drive, and the motion was seconded by Council Member Wood. Motion was approved 7 – 0. FORMAL BUSINESS: (A) Approval of Appointment of Ward 4 Board Member to the Parks and Recreation Commission MOTION: Council Member Hawkins made a motion to appoint Ms. Paula Weeks as Ward 4 Board Member to the Parks and Recreation Commission, and the motion was seconded by Council Member Wood. Motion was approved 7 – 0. (B) Approval of Validation of Application for Annexation of Property - .41 Acre Tract, Land thnd Lot 477, 17 District, 2 Section, on Cooper Lake Road near King Springs Road and set a public hearing for August 5, 2002 – Murriel Whitener LEGAL DESCRIPTION thnd All that tract or parcel of land lying and being in Land Lot 477 of the 17 District, 2 Section of Cobb County, Georgia and being more particularly described as follows: Beginning at an iron pin on the northwest side of Cooper Lake Road 318.7 feet southwesterly as measured along the northwest side of Cooper Lake Road from the corner formed by the intersection of the northwest side of Cooper Lake Road and the center line of King Springs Road; westerly along the northwest side of Cooper Lake Road a distance of running thence south- 100 feet to an iron pin; running thence north 27 degrees 30 minutes west a distance of 200 feet to an iron pin; running thence north-easterly a distance of 97 feet, more or less, to an iron pin; 8 running thence south 27 degrees 30 minutes east a distance of 170 feet to an iron pin at the point of the beginning. Said property being .41 acres more or less and being all the property of applicant at the above described location. Council Member Wood stated that, in accordance with State law, the subject property was rezoned (item 4A) before initiation of the annexation process. MOTION: Council Member Wood made a motion to approve validation of application for th annexation of property for a .41 acre tract at 1125 Cooper Lake Road, Land Lot 477, 17 District, nd 2 Section, on Cooper Lake Road near King Springs Road for Murriel Whitener, and set a public hearing for August 5, 2002, and the motion was seconded by Council Member Cramer. Motion was approved 7 – 0. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of June 17, 2002 Minutes (B) Bid Award – Concrete Work Placement and Finishing The current contract has expired and three vendors were solicited for bids and all responded. Public Works and Purchasing have reviewed the bids and recommend award to low bidder McNabb Concrete. (C) Bid Award – HVAC Contract The current HVAC preventative maintenance contract has expired, and twenty vendors were solicited for bids and six responded. Public Works and Purchasing have reviewed the bids and recommend award to low bidder North Cobb Heating and Cooling at $9,755. (D) Approval of Installation of Speed Humps on Highland Avenue A petition, signed by at least 70% of the residents of the subject area, has been submitted requesting installation of speed humps on Highland Avenue. The City Engineer has reviewed the application and determined that it meets all the criteria of the Speed Hump Policy. (E) Bid Award – Gametime c/o Dominica Recreation Products for Playground Equipment for $33,546 for Rose Garden and Jonquil Parks Gametime c/o Dominica Recreation Products, Inc. (DRP) is the low bidder for equipment solicited by RFP. DRP is known to provide equipment of good quality. Bids ranged from $33,546 to $59,050. (F) Approval of FY 2003 One Percent Road Improvement Proposed Budget at $398,111 These funds are from the remainder of the 1995 Cobb County One Percent Sales Tax for road improvements. The City Engineer and Public Works Director have compiled this list of streets FY 2003 street resurfacing or curb & guttering and recommend its approval. MOTION: Council Member Lnenicka made a motion to approve items (A) through (E) of the consent agenda, and the motion was seconded by Council Member Wood. Motion was approved 7 – 0. MOTION: Council Member Lnenicka made a motion to withdraw item (F) from the consent agenda, and the motion was seconded by Council Member Newcomb. Motion was approved 7 – 0. COMMITTEE REPORTS: Council Member Cramer asked those present to support the Veterans Memorial. Council Member Hawkins reported that Judge Curtis has been in hospital recently for bypass surgery and is doing well. Council Member Hawkins stated that during the week of July 22 the State Little League Tournament will be held in the City. Council Member Newcomb expressed appreciation to those citizens who attended the recent ward meeting. Council Member Newcomb stated that Mr. Dan Baker, residing on Highland Drive, is back in the hospital again and wished him a speedy recovery. 9 Council Member Pritchett provided details regarding the playground equipment to be acquired by the City soon, and stated this is a positive development for the affected parks. Mr. Wright reminded everyone that July 4 will be a City holiday and that there will be a schedule change for garbage collection. Mayor Bacon stated that the City anniversary celebration is scheduled for August 3. CITIZENS INPUT: There were no additional citizen comments. ADJOURNMENT: With no further business, the meeting was adjourned at 10:05 p.m. ________________________________ ________________________________ A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK MELLENY PRITCHETT, WARD 1 RON NEWCOMB, WARD 2 BILL SCOGGINS, WARD 3 JAMES M. HAWKINS, WARD 4 JACK CRAMER, WARD 5 WADE S. LNENICKA, WARD 6 __________________________________ CHARLES PETE WOOD, WARD 7