Loading...
11-04-1996 Regular MeetingThe 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 was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Director Scott Stokes, Police Captain Bill Hayes, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Robin Broyles and representatives of the press. Invocation was given by Councilman Jim Hawkins. Mayor Bacon asked the members of Scout Troop 281 to come forward and lead the pledge to the flag. Mayor Bacon recognized Commissioner Howard Smith from Rome, Georgia. Mr. Smith introduced Lee Hite, President of the Greater Rome Chamber of Commerce, Jeff Brown, Chairman of the Floyd County Board of Commissioners, Bill Boling, Attorney for the Rome area Chamber of Commerce, Gina Payne, Chairman of the Floyd County Development Authority, Jerry Norman, Chairman of the Rome/Floyd Development Authority, Herb Bowers, Chairman of the Greater Rome Existing Industries Association, who made a presentation to City Administrator Howard N. Smith, formerly with the Greater Rome Chamber of Commerce. Howard Smith thanked the guests for coming and for the presentation. Mayor Bacon recognized Michael Coles, Congressional candidate for the 6th District. Mr. Coles encouraged everyone to vote their convictions at the polls tomorrow. Mayor Bacon recognized Frank Bradford, Senatorial candidate for the 30th District. Mr. Bradford asked the citizens to vote tomorrow and asked for their support. Mayor Bacon recognized David Casey, Senatorial candidate for the 30th District. Mr. Casey asked for the support of the citizens and encouraged everyone to vote tomorrow. Mayor Bacon recognized members of the Smyrna American Legions Women's Auxiliary. Mayor Bacon asked Councilman Hawkins to read a proclamation in honor of Poppy Day. A poppy was distributed to the Mayor and each council member in honor of Veteran's Day, November 9, 1996. Mayor Bacon recognized Cliff Oliver, resident of the Falling Waters Subdivision, and President of the Falling Waters Homeowners Association. Mr. Oliver stated the purpose of his visit is to obtain clarification of some the ordinances on the books in Smyrna. His main concern was the illegal parking of cars in the Falling Waters subdivision. He stated he was very concerned the "No Parking" zones are not being enforced. Councilwoman Capilouto responded that problem also exists in the Afton Downs subdivision and sympathized with Mr. Oliver. Councilwoman Capilouto stated she felt there should be action taken against the violators. Mayor Bacon stated he understood the policy of the Police Department has been to try to locate the owner of the illegally parked car and ask them to move the car before a citation is issued. Mayor Bacon stated he would be more than happy to schedule a meeting with Mr. Oliver, Chief Hook and Police Committee Chairman Lnenicka to further discuss this issue. Mr. Oliver stated he would appreciate that. Mr. Oliver requested that more "No Parking" signs be placed in this area and well as more curbs be painted yellow to further designate no parking. Mayor Bacon stated they would investigate that possibility. Mr. Oliver stated he was very concerned that some homes in his subdivision house more than the allowed number of persons allowed in a single-family residence. Councilman Newcomb stated it was rather difficult to have the city officials knock on doors and ask to be let in to examine the interior of the homes to make sure there are not too many people residing in a residence. Councilman Newcomb stated this is a pretty intrusive step and an invasion of privacy. Mayor Bacon stated Howard Smith, City Administrator, and Patty Petrulli, City Marshall, will be happy to meet with Mr. Oliver and asked Mr. Oliver to schedule that meeting. Councilwoman Capilouto stated she would like to attend that meeting. Mayor Bacon recognized Ann Brady, Cobb County School Board. Mayor Bacon stated that item 4-B on the agenda is the appointment of a School Board Advisory Committee. (See names and wards listed under item 4-B). Ms. Brady stated she wanted to commend the City of Smyrna for their involvement with the schools and for taking the initiative to appoint this committee. November 4, 1996 meeting - continued PUBLIC HEARINGS: (A) Alcoholic Beverage License Request - Retail Package of Beer and Wine - Publix, Inc., Store #580 - 2148 South Cobb Drive Mr. Smith stated Mr. Lawrence Ray is employed by Publix Super Markets and will be the agent for this establishment and currently resides at 970 Windy Hill Road, is an American citizen and is of age to hold this license. He further stated the Police Department investigation reveals nothing that would preclude the issuance of this license request to Mr. Ray. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was none. Councilman Cramer asked Mr. Ray and District Manager Todd Collins to come forward. Councilman Cramer stated the city is very pleased that Publix has chosen Smyrna for one of their stores and is excited about the opening of this store. Councilman Cramer asked Mr. Ray to briefly explain Publix's training program for their employees. Mr. Ray stated they have a two -week training program in addition to evaluation of the associates and it is their policy not to allow anyone under 18 to sell alcohol. He stated they have a mandatory 30 years of age policy to be able to purchase alcohol. He stated their registers automatically request identification of the purchaser when alcohol is brought to the check out registers and the birth date must be manually entered at the time of purchase. Councilman Cramer asked Mr. Ray if he understood the city's ordinance pertaining to the sale of alcohol and Mr. Ray responded he did. Councilman Cramer stated the city frequently conducts sting operations and cautioned Mr. Ray about selling alcohol to minors. Mayor Bacon asked Mr. Ray when the store will be open and Mr. Ray responded December 12 from 7:00 a.m. to 10:00 p.m. Councilman Cramer made a motion the request for an alcoholic beverage license for retail package of beer and wine at Publix, Inc., Store #580, 2148 South Cobb Drive, with Mr. Lawrence Ray as the agent be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Rezoning Request - 1799 Cooper Lake Drive (10.73 Acres) From R-20 to RAD Conditional - Single Family Mr. Smith stated Mr. Jason A. Lewis, the applicant, is planning to develop an up -scale, private subdivision and has submitted revised plans to reduce the number of homes that will be on this 10.73 acre site. He further stated the number of homes has been reduced from 22 lots to 14 with the existing larger residences there. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Mr. Manley Lewis, landscape architect, and Jason Lewis, the property owner, came forward. Councilman Lnenicka asked Mr. Manley Lewis to describe what is proposed for this site. Mr. Lewis stated the correct address is 1799 Cooper Lake Drive and will be called "The Gates." Mr. Manley Lewis stated Jason Lewis planned to build a private gate -community and has reduced the number of residences from 22 to 14 because the people who have expressed interest in the community have asked for larger lots. He further stated the feature of this development is the park in the middle of the development and the park is a little larger than one and a half acres placed in the center of the planned development. He further stated the trees on the site are placed so that the houses can be worked within the trees with very little tree removal. Councilman Lnenicka asked Mr. Manley Lewis to describe the botanical gardens that will be on the site. Mr. Lewis responded it is an area where there will be paths through the garden and is designed so that on one portion of the garden a golf cart could be used through the park and there will be a couple of bridges across the stream. Councilman Lnenicka asked Jason Lewis to describe what type homes are planned for the development. Mr. Jason Lewis stated the price of the homes will be around $500,000+. He stated his home is $960,000 at the current appraisal and he further stated he wanted the other homes in the development to be very competitive with that price. Mr. Lewis stated the average lot is 15,000 square feet and will all be garden -view lots. He stated as far as the amenity package is concerned, they have no desire to put in a large swimming pool or a community center. He then invited the Mayor and council member to come and look at the property. Mr. Lewis stated since they have reduced the number of homes, he would like to have some flexibility to move the lot lines maybe three or four feet in order to save as many trees as possible. Mr. Lewis expressed his appreciation to Councilman Lnenicka for his active role in this proposed development and for making it easier for him to know the appropriate steps that he needed to follow in filing this application. Councilman Lnenicka stated he and Mr. Jason Lewis had discussed a number of stipulations to go with the revised plat and then read them asking for Mr. Lewis's concurrence. The stipulations are as follows: STIPULATIONS FOR REZONING OF "THE GATES" There shall be protective covenants on all lots and they will require that there be a mandatory homeowners association. Adequate storm water detention shall be provided subject to approval by the City Engineer. 3 . All homes will have a minimum of 3,000 square feet heated and cooled space, not including the garage area. 4. Decorative street lights will be installed in the subdivision subject to the City Engineer's approval. 5. All utilities in the subdivision will be underground. 6. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes both within and adjacent to the subdivision. The City Engineer shall approve their design and placement and ensure that adequate access for maintenance is provided for. 7. Seasonal flowers to be planted by the developer shall include the city flower, the jonquil. No debris may be buried on any lot. Front and rear building setbacks on all lots shall be a minimum of 15 feet. Side yard setbacks on all lots shall be a minimum of 5 feet with at least 15 feet between any homes. 10. The radius on both cul de sacs shall be 50 feet instead of 35 feet as shown on the plat. Mr. Jason Lewis concurred with all the stipulations listed above. Councilman Lnenicka made a motion that the rezoning request to rezone 10.73 acres at 1799 Cooper Lake Drive from R-20 to RAD Conditional - Single Family with the above stipulations be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Ordinance Amendment - Sign Ordinance Mr. Smith stated this is an effort to substantially revise the existing sign ordinance. Mr. Smith also stated this is the first reading of the ordinance. Mayor Bacon asked if anyone was present who would like to comment on the proposed sign ordinance amendment. There was none. Councilman Newcomb stated this is the first reading and his intention to briefly comment on the proposed amendment and then table it to a future meeting for action. He stated current signs, if left as they are, are grand fathered. Councilman Newcomb stated this is a new Chapter 82 in the ordinance and will replace the old chapter in its entirety. He stated the current ordinance was passed in 1977 and has stood with just a couple of modifications since then. He further stated the current ordinance has served the city well but is silent on a number of issues that are being faced today. Councilman Newcomb asked Scott Stokes to step forward and briefly tell the Mayor and Council the steps involved in formulating this new ordinance. Mr. Stokes stated they began this process about eighteen months ago and looked at the existing sign ordinance. He stated several ordinances from Cobb County, Roswell, Savannah, Hilton Head Island and Brunswick were reviewed and they reflected changes based on the citizen's input and drafted a newly revised ordinance that addressed size, shape, placement and building signage. Councilman Newcomb stated the ordinance is quite lengthy and he did not want to go into the entire ordinance. He did state there were a couple of items of interest he would like to mention. He stated the current ordinance indicates the maximum square footage on a free-standing sign is 120 square feet of copy space and has resulted in a score of applicants coming before council requesting a variance to that size requirement. He further stated the square footage of the sign has been made proportionate to the size of the lot. He stated the placement of multiple signs has also been addressed and stated the current ordinance is silent on the issue of wall -mounted signs and the new ordinance will put a limitation on the amount of square footage any business can have on a wall -mounted sign. Councilman Hawkins asked Scott Stokes if the new ordinance addresses directional signs for real estate companies. Mr. Stokes stated the new ordinance will address this issue. Councilman Cramer stated he would like to see the sign ordinance regulate the signs in his ward (specifically on South Cobb Drive) and improve the appearance of such signs. Jovember 4, 1996 meetinv - continued Councilman Newcomb stated he believes this proposed sign ordinance is business -friendly. Mayor Bacon stated this is a public hearing and asked if anyone was present who wanted to make any comments concerning the ordinance amendment. There was none. Councilman Newcomb made a motion that the proposed sign ordinance second reading be scheduled for the November 18, 1996, council meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Ordinance Amendment - Appendix A, Article V, Section 503 - Buffer Strip Required Mr. Smith stated the buffer strip ordinance is being modified to deal with the specifics of what the buffer strip will look like, its size, variations on the size, the plantings of the buffer strip as well as what a buffer strip may or may not be used for. Mayor Bacon stated this is a public hearing and asked if anyone was present who wanted to speak on this issue. There was none. Councilman Newcomb stated this is a first reading of this proposed ordinance amendment. He stated the current ordinance requires a buffer strip between commercial and residential development. He further stated this is clarification of the language. He stated the purpose of this amendment is to take out the section that allows for vehicular access in the buffer area. Councilman Newcomb made a motion that the buffer strip amendment, Appendix A, Article V, Section 503 - Buffer Strip Required be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (E) Variance Request - 2560 Carolyn Drive - To Allow More than One Accessory Structure on One Lot Mr. Smith stated that items 3-E and 3-F deal with the same property. Mr. Smith then stated the applicant, Mr. Pharr, is asking for a variance to allow more than one accessory structure on one lot. Mr. Smith stated the buildings have already been placed on the property and are being used for storage. He further stated the applicant's mother and mother-in-law are living with him and the buildings are used for storage. Mayor Bacon asked Mr. Pharr to come forward. Mayor Bacon then stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilwoman Capilouto asked Mr. Pharr to explain why a second storage building is necessary. Mr. Pharr stated that within the last two years, due to medical reasons, his mother and mother-in-law are having to live with him and they have added 500 square feet to their home to accommodate them. He stated his home has a crawl space but not any attic space and they simply do not have any storage space. Mr. Pharr stated they had rented two storage units at Colonial Storage and are still paying for them. He also stated the ladies do not want to give up their belongings and he needs the two buildings. He stated one of the buildings was actually built in January, 1993, and is a 12' x 15' shed from Heartland. Mr. Pharr stated the second building matches the first building but is an 8' x 10' building. Mr. Pharr stated he is storing belongings of his mother and mother-in-law as well as some of his own belongings. He stated he has signed letters from both adjacent neighbors stating they have no objections to the buildings, but has not been able to contact the owner of the property located behind his property. He stated that property is rental property and the owner lives in Tucker and did not reply to his letter. Councilwoman Capilouto stated for the record there are letters from Mr. Pharr's neighbors stating they have no objections to the second storage building. Councilwoman Capilouto made a motion that the variance request at 2560 Carolyn Drive to allow more than one accessory structure on a lot be approved. Councilman Newcomb seconded the motion. Motion was approved 7-0. (F) Variance Request - 2560 Carolyn Drive - Reduce Side Yard Setback from 10 Feet to 5 Feet Councilwoman Capilouto stated this variance request is necessary due to the two buildings being built on one lot. Councilwoman Capilouto made a motion the variance request at 2560 Carolyn Drive to reduce the side yard setback from 10 feet to 5 feet be approved. Councilman Newcomb seconded the motion. Motion was approved 7-0. 1 (G) Variance Request - 3260 South Cobb Drive (Crossing Shopping Center) To Allow Church in Multi -tenant Building Mr. Smith stated the applicant, Pastor Wiggins, indicated in his letter of hardship that he was unaware that a church was not permitted in multi -tenant buildings and they have expended their funds to remodel this particular building. He further stated the applicant is asking for a 12 to 18 month period to find another building for his church. Mayor Bacon asked Pastor Wiggins to come forward. Mayor Bacon also stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. Councilman Hawkins asked Pastor Wiggins when he leased the building. Pastor Wiggins responded they leased the building at the end of the summer and were not aware a variance would be required. Pastor Wiggins apologized for being in violation of this ordinance and stated he has been a resident of the City of Smyrna for nine years and does appreciate the city. He further stated he has been a minister for almost ten years and they are doing a great work in the city. He stated they have done a good deal of remodeling and have spent a lot of money and then they were made aware they were in violation of the ordinance and that is why they are here tonight. Councilman Hawkins stated Pastor Wiggins indicates in his letter of hardship he has done a good deal of work on the inside of the building. Mr. Hawkins asked Pastor Wiggins if he had obtained any building permits for that work. Pastor Wiggins indicated he had not. Councilman Hawkins advised Pastor Wiggins if he had obtained the building permits as required, he would have known early on that he was in violation of the ordinance. Councilman Hawkins asked Pastor Wiggins if, when he signed his lease with the management of Crossings Shopping Center, he told them it was for the purpose of having a church. Pastor Wiggins responded he did and that is indicated in his lease. Councilman Hawkins stated he was surprised the shopping center did not inform him a church was not allowed in a multi -tenant building. Councilman Hawkins stated under the Code of Ordinances, a church is defined as a free-standing building on a three -acre lot, must have buffers, must front a major street and his church does not meet any of these requirements. Councilman Hawkins stated the City of Smyrna has had several applications from other applicants for this same purpose and they have all been denied. Pastor Wiggins explained the location was formerly a video store and they installed carpet, painted the building, put in new bathroom fixtures and things of that nature, bought pulpit/sanctuary furniture, etc., but did not do major construction. Councilman Hawkins stated when a building is used for public assembly, the building comes under a different set of regulations from the Fire Department. Minister Chuck Harmon spoke on behalf of Pastor Wiggins and his church and encouraged the city council to grant this variance request. He cited the good work the Pastor has done for his congregation. Councilman Newcomb stated the issue is that the church is in a zoning area for which that use is not allowed. He further stated there are safety issues involved as well as other issues. Councilman Newcomb stated he and Pastor Wiggins have met before when Pastor Wiggins opened a Halfway House on Highland Drive and that was also in a zoned area that did not permit that type establishment. After a lengthy discussion, Councilman Hawkins made a motion that the variance request at 3260 South Cobb Drive to allow a church in a multi -tenant building be denied. Councilman Scoggins seconded the motion. Motion to deny the variance request was approved 7-0. (H) Rezoning Request - Creatwood Farms Property - Atlanta Road (32.59 Acres) From Cobb County PSC, R-20 and City of Smyrna R-20 to RAD Conditional Mr. Smith stated John Wieland Homes is requesting the rezoning in order to place 129 homes on the 32.59 acre tract - 3.9 lots average per acre with lot size of 7,000 square feet. He further stated the plat shows a 15 foot front yard setback, side yard setback 5 feet with 15 feet between buildings and the rear yard setback with 20 feet with 30 feet on Atlanta Road. Mr. Smith stated there is also a special stipulation placed by the Planning and zoning Board providing for a property boundary for Creatwood Subdivision that the rear building line be 30 feet with the rear 20 feet being an undisturbed buffer. He also stated the homes will have a minimum of 2,400 square feet and there will be amenities including tennis courts, swimming pool and a club house and also there is to be a brick buffer fence along Atlanta Road as part of this development. Mayor Bacon asked the applicant, John Wieland, to come forward. Mayor Bacon then stated this is a public hearing and asked if anyone was present in opposition to the granting of this rezoning request. Several persons came forward and were sworn in by City Attorney Chuck Camp. Councilman Lnenicka presented slides about the property in question. Mr. Lnenicka stated the property in question is known as Creatwood Farm on Atlanta Road, next to Creatwood Subdivision and across from Vinings Forest Condominiums. He further stated there are several small businesses on the front of the property, a private residence on the back or south side of the property. He stated the property is mixed with part in the city and part in the county, and is zoned a mixture of R-20 on the northwest corner, and PSC (planned shopping center) in the county; the city portion is zoned R-20. Mr. Lnenicka stated the planned development will have 129 homes on approximately 33 acres with only one ingress/egress from Atlanta Road. Councilman Lnenicka then asked John Wieland to come forward and talk about the proposed development. Mr. Wieland stated he has been developing in the City of Smyrna for some time. He stated they previously built the Park at Oakley Downs and more recently, Vinings Estates. He stated they are proud of their developments and explained what they hope to do on this property. He presented slides of the type of homes they are proposing for this particular site and stated at the conclusion of the slide presentation, he would like to have Dan Fields, who is in charge of land development, discuss the site. Mr. Wieland stated they will have at least 500 feet of brick wall on Atlanta Road and the appearance of the neighborhood on Atlanta Road is very important and feels they will do a commendable job. Mr. Wieland stated his company believes in heavy landscaping and substantial entrance appearances and a proposed small guard house. Mr. Wieland stated there will be pavers at the entrance to the development and the recreation center is at the entrance in order to be well buffered from the rest of the residents. Mr. Wieland then asked Mr. Fields to come forward. Mr. Fields stated there is existing zoning across Atlanta Road - RM12 - for condominiums and located on the west side is O & I (Brawners) and O & I is also located a little further down south which ties into the R-20 to the southwest and R-15 to the east. Mr. Fields stated one of the things they have tried to do is stay within the densities that have been set by the City of Smyrna. He stated with 129 lots on 32.952 acres, the frontage would be 66 and the normal size of the lots would be 66 x 100; the front yard setbacks proposed are 15 feet with the side yard setbacks are 5 feet with a 15 foot minimum between houses and a rear yard setback of 20 feet except for along Atlanta Road. He stated the house size will vary from 2,000 square feet and up but they are proposing a minimum square footage of 2,000 and along the creek bank what they have agreed to is a 30 foot setback there. He further stated in order to accomplish that they have tried to locate the houses closer to the street than 15 feet so they have asked for 10 foot front yard setbacks along those lots that adjoin the creek. Councilman Lnenicka stated one of the things that needs to be understood tonight is what choices are before the council tonight. He further stated the property is currently zoned a mixture of R-20, Planned Shopping Center both inside and outside the city. He stated the choice before council tonight, whether it be Mr. Wieland or someone else before them tonight, is to keep the farm as it is or to do something else with the farm. He stated he was sure if that was the choice, keeping the farm would be the choice as everyone loves the farm. He stated the city is in a situation where the owners want to sell their property and the choice is does the city allow the property to be developed as a commercial development or a residential development. He stated what Mr. Wieland has proposed is an upscale residential development. Mr. Lnenicka then asked Mr. Wieland why he thought his development would work on this property. Mr. Wieland responded he felt it is the ambience of the city and the proximity of the City of Smyrna to so many amenities, the town, offices, etc. that make it such a wonderful place to live. He stated there are so many people today who are not interested in maintaining large yards but want very substantial homes and he feels there is a significant market for these homes. He stated he is very nervous about the property located across the streets which are basically condo flats selling from the $90,000's and he is aiming for the $250,000's price range. Councilman Lnenicka stated he has been talking to Mr. Wieland's associates about a number of stipulations which he would like to read at this time and get Mr. Wieland's concurrence with them. The stipulations were read as follows: STIPULATIONS FOR REZONING OF CREATWOOD FARM 1. There shall be protective covenants on all lots and they will require that there be a mandatory homeowners association. 2. Adequate storm water detention shall be provided such that the development creates no increased run off for the 100 year storm event, as approved by the City Engineer. In particular, the creek on the southeast boundary will be protected from erosion, flooding and siltation. 3. All homes will have an attached two car (or larger) garage, and the garage area shall in no case be used to calculate minimum floor space. 4. Decorative street lights will be installed in the subdivision subject to the City Engineer's approval. All utilities in the subdivision will be underground. 6. The rear yard building setback on all yards adjacent to Atlanta Road shall be a minimum of 30 feet, and 20 feet on all other lots. Front building setbacks on all lots shall be a minimum of 15 feet. Side yard setbacks on all lots shall be a minimum of 5 feet with at least 15 feet between any homes. For all lots abutting the creek on the southeast boundary, the front yard setback shall be a minimum of 10 feet and the rear yard setback shall be a minimum of 30 feet. 7. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes both within and adjacent to the subdivision. The City Engineer shall approve their design and placement and ensure that adequate access for maintenance is provided for. A brick wall shall be placed adjacent to the Atlanta Road right-of-way for a minimum of 500 feet starting at the northwest property line corner. It will be decorated with appropriate brick work and plantings so as not to be unsightly. 9. Seasonal flowers to be planted by the developer at the entrance will include the city flower, the jonquil. 10. The recreation area will be located and built according to the plat submitted. Appropriate landscaping will be provided on the south side to screen it from the adjacent lot as much as possible. Developer may install low impact lights on the tennis courts. Developer will install wind screens on the south side of the tennis court fencing, and the protective covenants will be modified to require the Homeowners Association to maintain these screens. 11. The protective covenants shall be modified to require that all front yards be sodded. 12. No debris may be buried on any lot. 13. If the developer does not begin construction within one year from date of closing on the entire property, then the entire property will become zoned R-15. 14. Brick pavers will be installed at the entrance to the subdivision. Mr. Wieland concurred with the above stipulations. Mayor Bacon then recognized the following persons who spoke in opposition to granting the rezoning request. Ms. Marian Ashley, Farmstead Condominiums; Hal Choice, 1836 Creat Trail; Greg Fisher, 3376 Creatwood; Ms. Mariah Thompson, Cedar Cliffs; Bob Barclay, 3352 Creatwood Trail; Kathy Shirley, Lee Street. These persons stated they were concerned with the density, only one source of ingress/egress; the impact on the schools, roads and community; opposed to the name of Vinings in the proposed development; possible soil contamination on part of the property and the loss of the trees. Ms. Gina Bridges, member of the Planning and Zoning Board, came forward and stated for the record that she did not have a conflict of interest when the rezoning request came before the Planning and Zoning Board. She stated she does sell real estate but not for John Wieland Homes, but has sold possibly one or two of his homes. She further stated this is the first time she has actually met Mr. Wieland and wanted to state for the record that she has no interest in this project except that her interest is for the city to continue to grow and get better. She did state she felt the vote of the Planning and Zoning Board was in the best interest of the City. Jim Thompson, 1990 Spring Road, stated he works on the property being discussed every day and stated he worked on that property twenty-five years ago. He stated in those twenty-five years nothing has improved and sees deterioration when things are not taken care of. He stated he would like to ask that Mr. Wieland bring improvement to the Farm and feels the selling of the property will be an improvement. Bob Ryder, 2327 Goodwood Boulevard, asked the council to approve this rezoning request stating that he feels this is the type development the city needs. Mayor Bacon asked Mr. Wieland to address some of the concerns mentioned by the persons who spoke in opposition to the rezoning request - specifically the issue of density, possible soil contamination and tree removal. Mr. Wieland stated they have tested the soil for contamination and they are not buying a five -acre portion of the property that is in question. He further stated the balance of the property has traces of contamination but it is very deep and if you had a well on the property the water would not be good. He stated the density is not as dense as the property across the street which is probably twelve units to an acres and November 4, 1996 meeting - continued their development is under four. He stated it is the same density as in Paces Green. Mr. Wieland stated the traffic report indicates an increase of 2% at the intersection of Concord and Atlanta Road at the peak hour, and 1% overall. Mr. Wieland stated he did not feel the property would have to be clear cut due to the topography which will allow them to save signature trees on the back property lines or in some cases in between properties. He stated it is where a lot of dirt has to be moved around that you end up devastating the site but the property falls gently from Atlanta Road to the back and he is very optimistic that they will not have to clear cut the property. Councilman Hawkins stated he realized no one wants land to change but the fact remains that is not going to happen. He further stated he was concerned a year and a half ago that the property might be purchased for apartments or condominiums. He stated Mr. Crowe, the property owner, has been willing to work with the City and try to find someone who would put a quality development on that property. He further stated Mr. Crowe actually took less money for the property in order to put something on the property that would benefit the city. He stated he felt that if this rezoning request is denied tonight, he would not blame Mr. Crowe for going out and selling the property to the highest bidder for anything that could go on the property. Mr. Hawkins then stated he felt the city should be proud to have any John Wieland development in the city and further stated he supports this rezoning request. Councilman Hawkins also stated he felt the city would be making a tragic mistake if they deny this request. Councilman Lnenicka stated he would like to respond to a couple of comments that were made earlier alleging conflict of interest with Ms. Gina Bridges, the Ward 6 appointee on the Planning and Zoning Board. Mr. Lnenicka stated the fact that a person is in real estate or any other occupation should not prohibit them from serving on any voluntary board or commission that the city has. He stated he feels one of the things that makes Smyrna a great town is the City of Smyrna has many people who donate a lot of time to make the city a better place to live and Gina Bridges is not an employee of John Wieland and does not represent John Wieland Homes or Realty. He stated there was no conflict of interest and he felt her character being impugned was wrong and did not accurately represent the facts. Councilman Lnenicka stated the choice before the Mayor and Council tonight is not to keep the farm or to build on the farm. He stated the choice is for the city to allow this subdivision to be built or deny it and therefore let the owner do something else with the property. Councilman Lnenicka stated he had been told by Mr. Wieland that the name of the subdivision has not been decided yet. Mr. Lnenicka then stated if Mr. Wieland decides at a later date that he wants to lower the density in this proposed development, he would support that rezoning. Councilman Newcomb asked about an item in Stipulation 6 regarding the buffer on the creek side of the property. He stated the stipulation indicates the buffer shall be 30 feet rear yard setback. Mr. Newcomb stated he had noticed in the Planning and Zoning Board minutes that they indicated the 30 feet would be the setback but 20 feet would be an undisturbed buffer. Councilman Newcomb asked if that would be the case now. Councilman Lnenicka stated not exactly. He stated he did not feel Mr. Wieland has any intention of doing anything down close to the creek in that area. He stated there are a lot of large trees there and the topography gets more severe. He stated it would be cheaper for Mr. Wieland to leave that property exactly as it is. Mr. Lnenicka then stated he is very reluctant to impose upon a homeowner a condition, between two residential neighborhoods, that a homeowner can not go in and mow grass, cut weeds, plant trees or cut down trees or do what they want on their lot. He stated if they want to improve the appearance of their lot, he does not feel the city should impose an arbitrary condition that would prevent them from doing that. He further stated at the same time, Mr. Wieland has told him they do not intend to grade right down to the creek and take out all those trees and the city will work with him to make sure that is not what he does. Councilman Newcomb asked Mr. Lnenicka if he was comfortable that the plan being submitted meets the spirit of the intent of the comment in the Planning and Zoning Board minutes. Mr. Lnenicka stated there is nothing in the ordinance that requires or permits a buffer to be established between residential neighborhoods. He stated he knows the intent of the Planning and Zoning Board and that was actually Gina Bridges idea to protect the homes in Creatwood Subdivision. He further stated he feels there is a need to balance the needs of both property owners - the ones that would be there versus the ones that are there now. He stated without restrictions on both sides of the creek he thought it would be unfair to penalize one side and not the other. Mr. Lnenicka stated if they want to get together and both agreed to have an undisturbed buffer on both sides he would be all for that and hopes the city attorney would be willing to draft that. Councilman Newcomb stated he noticed the issue was raised about only one ingress/egress. Mr. Newcomb stated if Chief Williams had any problems with the fire equipment getting into that development, he would have stated so before now. Mr. Newcomb stated the last line of the traffic study submitted indicated the development would not pose a traffic problem for Atlanta Road. Councilman Newcomb stated the density issue, based on the square footage of the lots, is larger than a recent rezoning request. He stated the square footage of the houses is also larger. Mr. Newcomb stated the amenities, swimming pool and tennis courts, clubhouse, protective covenants, mandatory homeowners association, decorative street lights, underground utilities, brick pavers at the entrance actually sweeten the deal. Councilman Newcomb stated under the new UDD District ordinance, the developer will have to mark on the plat any trees that are 24 inches or greater and make every reasonable effort to accommodate them in the layout of the houses. Mr. Lnenicka stated that is correct and this development would fall under the Atlanta Road Corridor Overlay district. Councilwoman Capilouto asked Mr. Wieland if the recreation area would be just for the homeowners or will memberships be sold. Mr. Wieland stated it would be just for the homeowners. Mayor Bacon recognized Bob Barclay, 3352 Creatwood Trail, who stated the Crowes and Ingrams have been wonderful neighbors and he did not want anyone to think they were being impugned as to what they want to do with their land. He stated he just hopes Mr. Wieland will be as fair with the neighboring homeowners as the Crowes and Ingrams have been and their concerns about the creek. Councilman Lnenicka thanked Arthur Crowe, Edith Ingram, Al Ingram and their families for working with the city on this deal. He stated he was aware of the sacrifices they have made in order to work out something that would be in the best interest of the city. Mayor Bacon recognized a citizen who asked if there is going to be at least a 30 foot buffer. Mr. Lnenicka stated what he had proposed in the stipulations is that the rear yard building setback line be a minimum of 30 feet. He further stated they could build a home no closer than 30 feet from the rear property line along the creek on the southeast boundary. Mayor Bacon recognized Ray Bitley, 3360 Creatwood, who stated he felt the property owner could be restricted as to what they can do. He further stated the homeowners of every subdivision are restricted by the covenants. Mr. Bitley stated he felt the city could ask that the character of not only this area of Smyrna, but also that of Creatwood Trail be maintained as 'a wooded and residential area. He stated he felt an undisturbed buffer area could be written into the protective covenants. Councilman Lnenicka stated if Mr. Wieland wants to add that into his covenants that would be fine, but the city cannot enforce covenants that are done by private individuals and not government entities. Councilman Lnenicka made a motion that the rezoning request of 32.59 acres on Atlanta Road, known as Creatwood Farm, from Cobb County Planned Shopping Center (PSC) and R-20 and the City of Smyrna R-20 to RAD Conditional subject to the fourteen stipulations read into the record earlier tonight. Councilman Wood seconded the motion. Motion was approved 7-0. (I) Land Use Change Request - Creatwood Farms Property - Atlanta Road (32.59 Acres) From Neighborhood Activity Center (Cobb) Public Institution (Smyrna), Medium Density Residential (Smyrna) and Low Density Residential (Smyrna) to Medium Density Residential Mayor Bacon stated this is a public hearing and asked if anyone was present who wanted to address this issue. There was none. Councilman Lnenicka stated there are currently four different land use categories on this property now between the city of Smyrna and Cobb County. He stated it is not all "a given land use" and there had been some questions raised earlier about what land use is on the property. He stated it is a combination of Neighborhood Activity Center, Cobb Public Institution, Medium Density Residential and Low Density Residential. He stated the proposal is to make it all Medium Density Residential which reflects within that definition of that category - three to six homes per acre. It does not mean they are going to build six units or three units but it means any use within that range would be compatible with that designation. Mr. Lnenicka made a motion to approve the land use change request on 32.59 acres on Atlanta Road to be Medium Density Residential. Councilman Cramer seconded the motion. Motion was approved 7-0. (A) Bid Opening (#96022) - Garbage Truck for Public Works Department Mayor Bacon asked if there were any bids in the audience. The bids were opened and read as follows: Consolidated Disposal Systems $87,363.00 Peach State Ford $87,527.36 Volvo and GMC Trucks of Atlanta $84,710.00 Councilman Wood made a motion the bids be turned over to the Public Works Committee for their review with a recommendation to be brought back before council at the next meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Appointments to School Board Advisory Committee This item was handled at the first portion of the meeting. Ward 1 - Arlene West, 5041 Bell Drive Ward 2 - Brenda Presha, 2205 Lake Park Drive Ward 3 - James Hause, 2569 Highland Avenue Ward 4 - Claire Curtis, 1171 Oakview Drive Ward 5 - Cindy Smith, 801 Church Street Ward 6 - Ann Kirk, 1721 Cutler Ridge Ward 7 - Curt Johnston, 4160 Fawn Lane Mayor's Appointment - Holli Cash, 4181 Ridgehurst Drive Councilman Scoggins made a motion the appointees be approved to serve on the School Board Advisory Committee. Councilman Hawkins seconded the motion. Motion was approved 7-0. (C) Ordinance Amendment - Chapter 18, Article I, Section 18-7 - Self -inspection of Water and Sewer Projects Councilman Newcomb stated the General Assembly, in its last session, passed a law that stated master plumbers and contractors could inspect their own installations. It further stated that if a municipality did not want that to be the case, they would have to pass an ordinance stating such. He stated that is the purpose of the proposed ordinance amendment. Mr. Stokes reported that the city currently does all the inspections on water and sewer for houses and subdivisions. He stated the General Assembly passed a law that stated plumbers and utility contractors could inspect their own work. He further stated this ordinance amendment will allow the City of Smyrna to continue to perform these inspections. Councilman Newcomb made a motion that Chapter 18, Article 1, Section 18-7 of the code be amended by adding a new code Section 18-7.1 (a) to read as follows: (a) Pursuant to the Authority contained in Section 3 of Act 1046 Georgia Laws, 1996 p 1632 at p3, subsection (d) of Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to self -inspection of water and sewer projects by master plumbers or utility contractors, shall not be applicable within the City of Smyrna. This ordinance shall become effective upon its adoption. Councilman Wood seconded the motion. Motion was approved 7-0. (D) Ordinance Amendment - Chapter 22, Article II - Section 22-35 - Business License - When Due and Payable Councilman Wood stated there is no change in the business and occupation tax schedule or the regulatory or administrative fee schedule for 1997. He stated they will remain the same as 1996. He further stated the purpose of this action is to set the due date for these fees. Mr. Wood then read the proposed amendment as follows: Section 22-38.5 - Due date; court penalty and interest. A penalty is imposed on each business and practitioner of an occupation which or who fails to apply for and obtain appropriate registration and to pay any and all regulatory and administrative fees and occupation taxes required by this chapter prior to April 1 of each year. Said penalty shall be in the amount of ten percent of the regulatory and administrative fee and occupational tax determined to be due and owing under the provisions of this chapter. Such delinquency shall also bear interest at the rate of one and one half percent for each month or partial month of such delinquency. Penalties provided herein shall be in addition to any other penalties, civil or criminal, which may be applicable. Councilman Wood made a motion the above section of the code be amended as indicated above. Councilman Scoggins seconded the motion. Motion was approved 6-0 (Mr. Newcomb was not present when vote was taken.) (E) Ratify Decision of Buildings Hearing Officer - 1782 Timber Valley Way Councilman Scoggins made a motion that the decision of the buildings hearing office for the property located at 1782 Timber Valley Way be ratified. Councilman Lnenicka seconded the motion. Mr. Stokes asked if it was possible to ask for an appraisal of the property. Councilman Scoggins stated that could be done. Councilman Lnenicka stated he would withdraw his second in order to allow Councilman Scoggins to restate his motion. Councilman Scoggins amended his motion to ratify the decision of the hearing officer and request an appraisal on the property at 1782 Timber Valley Way. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (F) Ratify Decision of Buildings Hearing Officer - 3980 Manson Avenue Councilman Wood made a motion to uphold the decision of the buildings hearing officer that all the repairs and corrections be made within 30 days of October 30, 1996, and that the property be cleaned up and all repairs inside and outside, including the swimming pool be made within 30 days. He further stated if repairs are not made within 30 days the owner of the property located at 3980 Manson Avenue will be responsible for all costs and a lien shall be placed against the property for all demolition, repair and clean up costs incurred by the city, an appraisal of the property was also requested. Councilman Lnenicka seconded the motion. Motion was approved 7-0. There were none. (A) Bid 96015 - Four Passenger Utility Vehicle for Finance (Utility Services) Department Councilman Wood stated these bids were received in September and referred to the Finance and Administration Committee for a recommendation back to the Mayor and Council. Mr. Wood stated the Finance and Administration Committee recommends that all bids be rejected. Councilman Wood made a motion all bids for a four passenger utility vehicle for the Utility Services Department be rejected. Councilman Cramer seconded the motion. Motion was approved 7-0. (A) Approval of October 21, 1996 Minutes (B) Approval to Solicit Bids - Mini Cargo Van for Utility Services Division (C) Approval to Use Council Chambers for Ward 6 Meeting - November 6, 1996 from 7 - 10 p.m. (Cedar Cliffs Neighborhood Association) (D) Approval to Fund Underground Utilities in Downtown Area - Georgia Power, Southern Bell and Smyrna Cable TV. (E) Approval to Use Council Chambers November 11 - 7 - 8 p.m. for Combined Wards 3 & 4 Meeting (F) Approval of Agreement with Tariff Billing Specialists Corporation Councilman Scoggins made a motion the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. Mayor Bacon reminded everyone to vote tomorrow. Mayor Bacon stated he failed to recognize someone at the last council meeting. He stated this individual had a lot to do with building the gazebo honoring Ray Curtis. He commended Chuck Lively for working on this project. Councilwoman Capilouto expressed her appreciation to the Parks and Recreation Department for their efforts that resulted in a wonderful Halloween Carnival. Ms. Capilouto also urged the citizens to vote.tomorrow. Councilman Scoggins asked Ann Kirk for a report on Smyrna Clean and Beautiful. Ms. Kirk expressed her appreciation to the thirty volunteers who came from Hands on Atlanta on October 5. She stated they gave over 100 hours and rescued over $800 worth of plants and cleared a walking trail at Tolleson Park with the assistance of a couple of Parks employees. Councilman Scoggins stated the leaf program is in its second month. Mr. Scoggins stated this is a mandated program and he has been informed there are 464 streets that have to be taken care of. He further stated he understands there have been no complaints about how the program is working but he asked the citizens if they had any complaints to please call the Public Works Department or Ann Kirk. Councilman Hawkins reminded everyone to vote tomorrow. Mr. Hawkins apologized to the department heads who remained for the entire meeting. He further stated he felt if the length of the meetings continues as long as the last several meetings, he would like to have the committee reports at the beginning of the meeting. Mr. Hawkins then stated he felt the Mayor should look at placing reasonable time limits on the issues that come before the council where important matters have to be rushed through due to the time being spent on other issues. Mr. Hawkins further stated all issues are important but felt it is unfair to the persons behind those lengthy issues to have to wait. He stated he would like the Mayor and City Administrator to consider this request and come back to the council with some type proposal to limit the discussion time on issues. Councilman Cramer stated he did not have any reports tonight but concurred with Councilman Hawkins on time limits. Mayor'Bacon stated he has taken a lot of pride in allowing people to speak. He further stated after sixteen years of being on Council he is not about to start cutting them off. He stated tonight's meeting was a little long but some of these folks have never come before the council. He stated he too was ready to go home a long time ago. He stated if the council wants to start time limits and having people sign up and only speak to the issue, then we will have a problem like the county does right now. He stated he is willing to sit down and discuss the matter. He stated the length of the meetings is not always the citizens speaking, it is sometimes the elected officials. Councilman Hawkins stated that was the point of his mentioning time limits - the discussions by both the elected officials as well as the citizens. Mr. Hawkins stated the time limits is not necessarily the issue but the fairness of treating all issues on the agenda fairly. Mayor Bacon stated if the council wanted to place a time limit on their speaking time, that is up to the elected officials. Councilwoman Capilouto stated she has appreciated the time the citizens are allowed to come and speak to the officials. She also stated she hopes the citizens will take into consideration how long they are speaking. Councilman Lnenicka thanked the citizens of Argyle Estates for the party they held on October 26. Mr. Lnenicka stated the city received an anonymous donation of $5,000 several months ago. He stated the donor, Chuck MacKarvich, has indicated he does not necessarily need to remain anonymous. Mr. Lnenicka thanked Mr. MacKarvich for his very nice gift to the city. With no further business, the meeting adjourned at 11:28 p.m. A. MAX BACON, MAYOR CHARLENE CAPILOUTO, WARD 1 c BILL SCOGGINS, 3 JACK CRAMER, WARD 5 L��l/4� CHARLES PETE WOOD, WARD 7 iJ 0.0AL- MELINDA DAMERON, CITY CLERK RON NEWCOMB, WARD 2 AJAMES ' aLa- — WADE S. LNENICKA, '�.