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06-01-1998 Regular MeetingJune 1, 1998 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 was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Finance Director Claudia Edgar, Budget Analyst Greg Van Antwerp and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Gary Graham, Smyrna Stars Basketball team. Mr. Graham announced the Smyrna Stars 13-year old team just won the State Championship; the 10-year old team came in second and four of the five teams taken to the State placed in the final four. He stated the two teams - 13-year old and 10-year old - will represent Georgia in the National Championships in Florida. He stated they are a parent -funded, non-profit organization and are trying to raise money to send the 35 children to Florida and they will be doing car washes, selling candy, etc., and are hoping to have an alumni Campbell/Wills Basketball game on June 20, 1998, at the Smyrna Community Center. He asked anyone who would like to contribute to this fund or participate in the upcoming June 20 game to contact him at 770-974-2879. Mayor Bacon recognized Steve Rogers, President of Smyrna West Soccer Association. Mr. Rogers thanked Councilman Newcomb for attending their fun -day held May 17 and stated there were players from several teams present this evening that he would like to recognize. Mr. Rogers introduced the following coaches, Richard Reed, Ben Smith, Tom Robinson and Clare Morgan, Director of Coaches. The coaches then introduced the players for each of their teams. Councilman Hawkins read a proclamation honoring the soccer association and its contribution to the community. Mayor Bacon presented the proclamation to Steve Rogers. Mayor Bacon and Congressman Bob Barr individually shook hands with each of the players and congratulated them on their accomplishments. Mayor Bacon recognized Joe Boland, Principal of Campbell High School. Mayor Bacon asked Congressman Barr to present a crystal jonquil to Mr. Boland in recognition of his contributions to the community. Mayor Bacon stated the city hosted the Jonquil Jog, which was co- sponsored by the City of Smyrna and the Campbell High School Foundation. He then asked Councilman Cramer to present Mr. Boland with a check for $5,000 as a donation to the Campbell Education Foundation. Mayor Bacon then thanked him for his contributions to the city and community. Mayor Bacon announced Mr. Boland will be transferring from Campbell High School at the end of this school year to assume the post of principal at McCleskey Middle School at the beginning of the school year this fall. Mayor Bacon officially recognized Congressman Bob Barr. Congressman Barr stated it was always a pleasure to come home to Smyrna and stated he was very pleased to have been a part of tonight's meeting. Congressman Barr stated he was always available to his constituents and asked anyone who needed his assistance to please call him. Mayor Bacon recognized Representative Frank Bradford. Mr. Bradford stated he was always happy to be a part of the council meetings and announced his campaign for re-election as the District 30 Representative. Mayor Bacon recognized David Casey, President of the Smyrna Kiwanis. Mr. Casey stated there will be a public debate between the candidates for the Cobb County Solicitor's job on Thursday evening, June 4, at 7:00 p.m. at the Smyrna Community Center. He urged all interested persons to attend the debate. PUBLIC HEARINGS: *Councilman Wood stated Items 3-F, 3-G and 3-H will be tabled to a special called meeting to be held June 22, 1998, at 7:00 p.m. (See narrative below.) (A) Alcoholic Beverage License Request - Whiskers Tavern - 2997 Cumberland Circle, Suite 100 - Retail Pouring of Beer, Wine and Liquor June 1, 1998, meeting - continued Mr. Smith this application was originally scheduled to be heard April 20 and was tabled to May 4 and then tabled to May 18 and at the applicant's request tabled to June 1, 1998. Mr. Smith stated Mr. Thomas W. Altamura has applied to be the agent for this establishment. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to address this issue. There was none. Mayor Bacon asked if the applicant was present and he was not. Councilwoman Capilouto stated Mr. Altamura was scheduled to be here on April 20 and did not attend the meeting and later stated there was a miscommunication. Ms. Capilouto stated the item was tabled to May 4 and again tabled to May 18 at which time Ms. Capilouto received a fax stating Mr. Altamura would be unable to attend the meeting due to an unforeseen medical crisis and the item was tabled to June 1, 1998. Councilwoman Capilouto stated since Mr. Altamura did not attend tonight's meeting, it appears he does not want to open a business in Smyrna nor does he want to be granted this license. Ms. Capilouto made a motion to deny the application for the alcoholic beverage license for Whiskers Tavern at 2997 Cumberland Circle, Suite 100 for the retail pouring of beer wine and liquor with Mr. Thomas Altamura as the agent. Councilwoman Capilouto stated this denial is for Mr. Altamura as the agent and not the location. Councilman Newcomb seconded the motion. Motion for denial of the request was approved 7-0. (B) Alcoholic Beverage License Request - Guadalajara Restaurante Mexicano - 3065 South Cobb Drive - Retail Pouring of Beer, Wine and Liquor Mr. Smith stated this is an ownership and agent change for this location. He stated Ms. Kathy Diaz will be the agent for this establishment and resides at 535 Woodsong Way, Smyrna. Mayor Bacon asked Ms. Diaz to come forward. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this alcoholic beverage license request. There was none. Mayor Bacon asked the three owners, Ramon Onate, Julian Magana and Jose J. Onate, to also come forward. Councilman Hawkins asked Ms. Diaz if she has ever held an alcoholic beverage license before and she responded she has not. Councilman Hawkins asked Ms. Diaz if she is an employee of the restaurant and she responded she is. Mr. Hawkins asked Ms. Diaz if she had ever worked in a restaurant before and she responded she has worked for Krystal and the Monterrey Mexican Restaurant. Mr. Hawkins informed Ms. Diaz that the responsibility if violations occur at the Guadalajara Restaurante Mexicano will not totally be her responsibility but she will be the first person to be contacted if any violations occur. He further stated if violations occur she would be subject to coming back before the Mayor and Council and answer any questions and could possibly be fined. Mr. Hawkins then asked Ms. Diaz if she has read and understands the City of Smyrna's Alcoholic Beverage License Ordinance and she responded yes. Councilman Hawkins cautioned Ms. Diaz that the ordinance for Smyrna is different from other counties and Cobb County and that the City of Smyrna does conduct sting operations. Councilman Hawkins stated he was concerned by the fact that Ms. Diaz has not held an alcoholic beverage license before even though that is not a requirement for obtaining the license. Mr. Hawkins asked Ms. Diaz if she was aware that each person in the restaurant, serving alcohol, must be fingerprinted and permitted. Ms. Diaz stated this has already been done. Councilman Hawkins stated this item was tabled from the May 18 council meeting to allow the Police Department sufficient time to complete their background investigation. Councilman Hawkins stated for the record that the Police Department investigation revealed nothing that would preclude the issuance of the license. Mayor Bacon stated the reason the three owners can not apply as agents for this establishment is due to the fact they are not currently U.S. citizens. He then asked the owners if they are making arrangements to become citizens. One of the owners responded he is. Mayor Bacon stated the previous business (Aye Carramba) at this location did experience problems at this location. Mayor Bacon encouraged Ms. Diaz to card people whenever there was any doubt about their age. Mayor Bacon asked when the restaurant planned to open. Ms. Diaz responded as soon as the license is granted. Mayor Bacon then wished the restaurant good luck. Councilman Hawkins told the owners that if Ms. Diaz leaves their employment, it is their responsibility to notify the city that she is no longer the agent and to apply for a license in someone else's name. Councilman Hawkins made a motion that the alcoholic beverage license for the retail pouring of beer, wine and liquor for Guadalajara Restaurante Mexicano, 3065 South Cobb Drive, with Ms. Kathy Diaz as the agent be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. June 1, 1998, meeting - continued (C) Variance Request - Northeast Intersection of Windy Hill Road and Benson Poole Road - Reduce 50 Foot Front Yard Setback to 37 Foot Front Yard Setback Mr. Smith stated this is for the development of an Amoco market at this location and the reduction is for a proposed island canopy for a service station. He further stated the applicant states in his letter of hardship that the required decel lane on Windy Hill Road makes it necessary to have the requested reduction to develop the site. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. Those persons stepped forward and were administered the oath by City Attorney Camp. Councilman Cramer asked Mr. Dawson to come forward. Mr. Tony Dawson, Harkleroad and Associates, 2296 Henderson Mill Road, Atlanta, stated his client is requesting a variance from the current zoning regulations which states that a structure shall not be placed within the 50- yard setback in the front right-of-way. Mr. Dawson stated the property is located at the corner of Windy Hill and Benson Poole Roads and is approximately 1.3 acres and encompasses Evans and Associates Land Surveying Company. He stated his client is proposing a typical gasoline service station with a stand-alone type building, underground storage tanks and a canopy with a six -dispenser island. He further stated in developing this property they propose installing a decel lane and by doing this they have to dedicate right-of-way along the frontage which pushes the front right-of-way back to the interior of the site. He also stated by doing this, the 50-foot required building setback encroached about 11 feet into the canopy and when this was determined they requested a variance to reduce the front yard 50-foot setback down to 37 feet. He stated this will allow them to place the canopy in the front yard setback. Councilman Cramer asked Mr. Dawson if the property is currently zoned General Commercial and he responded that was correct. Councilman Cramer then asked Mr. Dawson if his company had explored the idea of a driveway from Benson Poole Road as an access. Mr. Dawson stated they only have approximately 47 feet of frontage along Benson Poole Road and they did not feel that was enough frontage to pursue an access off Benson Poole. Councilman Cramer stated he would like to explore that possibility and perhaps it would make it easier for customers for exit at that drive and then be able to make a left turn at the traffic light. Councilman Cramer stated the required decel lane does place a hardship on the applicant. Councilman Hawkins asked if the encroachment will affect the pillars of the canopy or the canopy itself. Mr. Dawson responded it would affect the overhang portion of the canopy. Mr. Hawkins then asked how far the pumps would be from the road. Mr. Dawson responded they would be approximately 40 feet from Windy Hill Road property line, the actual right of way of the road but if you include the four feet of sidewalk, the two -foot landscape buffer you are actually talking about a distance of close to fifty feet. Councilman Cramer asked Mr. Dawson if they would consider landscaping along Windy Hill Road and Mr. Dawson responded they have submitted plans for landscaping as required by the City of Smyrna as part of an overlay district. Councilman Lnenicka asked Mr. Dawson to describe the type signage they plan to have. Mr. Dawson stated since they are in the overlay district they are allowed and will apply for a monument -type sign approximately 8' in height and 32 square feet of total signage. Mr. Lnenicka asked if this would be placed in accordance with sight distance requirements as determined by the City Engineer and he responded that was correct. Mr. Dawson stated they have shown the placement of the sign on their plans it is 20 feet from the right of way in compliance with the city's requirements. Mayor Bacon recognized the owner of Foreign Cylinder Head Exchange on Benson Poole Road. He stated he is concerned about a gas station being located on that street since traffic speeds on the street and the close proximity of the gas pumps to the street. Mr. Cramer explained the canopy is the only thing that will be encroaching on the front yard setback and not the gas pumps at all. He stated he was also concerned about left -turning traffic from the proposed gas station onto Windy Hill Road. Mayor Bacon recognized Mike Kazani, owner of the Corner Mart Citgo Station at the corner of Windy Hill and Benson Poole Roads. He stated he has seen a couple of fatalities during the past two years and his business is not allowed to have left -turning traffic exit onto Windy Hill Road. He stated he is required to have right in/right out only. He stated if Mr. Dawson is allowed to have left -turning traffic exit his business onto Windy Hill Road (going east) that June 1, 1998, meeting - continued would be a safety concern to him. He stated his patrons enter his business from Benson Poole Road and then exit (right turn only) onto Windy Hill - west bound. Councilman Cramer suggested to Mr. Dawson if customers wished to make a left turn onto Windy Hill Road they be required to exit onto Benson Poole Road and go to the traffic light and make the left turn at the traffic signal. Mr. Cramer stated the city would explore the possibility of a right in/right out only on Windy Hill Road and also exiting onto Benson Poole for a left turn onto Windy Hill Road (east bound) from the intersection where the traffic signal is located. Mayor Bacon suggested the council stipulate that the plans be subject to the overall approval of the City Engineer. Mr. Dawson stated they would like to have a drive coming off Benson Poole but only have forty-seven feet of frontage and they assumed the opportunity for access was not possible. Mr. Dawson stated he would take that suggestion back to the City Engineer and come up with some type of drive that they might be able to get on Benson Poole Road. Councilman Cramer asked Mr. Dawson what was originally planned for the property and Mr. Dawson responded because of the building setback restrictions on that property, they really can not do anything with it because there is no area on which to put a building. Councilman Lnenicka asked Mr. Dawson if he and the City Engineer were to meet and the City Engineer recommends the entrance on Windy Hill be a right in/right out only and they be provided with an entrance on Benson Poole for customers wishing to go to the light and turn back east on Windy Hill, heading to South Cobb Drive and Atlanta Road, would that be agreeable to his company. Mr. Dawson responded yes as long as they can get the customers in and out. He further stated as long as they can get back on Windy Hill, if they are granted an access off Benson Poole, he did not see a reason why customers would feel they are being restricted from getting back on Windy Hill Road. Councilman Cramer stated the only restriction he saw was preventing customers turning left into the station - coming eastbound. He stated if the city makes sure there is proper signage it would not restrict the traffic (eastbound) from turning left onto Benson Poole and entering the station. Councilman Lnenicka asked Mr. Dawson if his company would promise to maintain the property in a clean, orderly, weedless condition that would do credit to the City of Smyrna and the business. Mr. Dawson responded they would and further indicated the area is pretty heavily wooded and they are not in the habit of destroying trees if not necessary. He stated that the natural state the property is in now is how they will leave it. Mayor Bacon recognized Mike Kazani again. Mr. Kazani stated his concerns over the existing metal light poles on the property near where a driveway onto Benson Poole would be located. Councilman Cramer stated he has heard the concerns expressed tonight about the high traffic concerns along Windy Hill Road and the possibility of getting an access to Windy Hill Road to allow the customers to exit and use the light to make a left turn on Windy Hill Road. Councilman Cramer made a motion that the variance request at the northeast intersection of Windy Hill Road and Benson Poole Road to reduce the 50-foot front yard setback to 37-foot front yard setback be approved subject to the approval of the City Engineer. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Councilman Newcomb was away from the podium during the vote.) (D) Rezoning Request - Mill Pond Road - Rezone 9.68 Acres from RM-12 and O.I. to TD Conditional Mr. Smith stated the applicant, David Knight of Knight Davidson Companies, is requesting the rezoning in order to build fifty townhomes. He stated this is a 9.68 acre tract next to the Bridge at Mill Pond and the overall density would be 5.18 units per acre. Mr. Smith stated this was heard by the Planning and Zoning Board and was approved by a vote of 7-0. Mr. Smith stated if the rezoning is approved, a land use change will be also be necessary. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this rezoning request. Mayor Bacon asked those persons to come forward and be sworn in by City Attorney Chuck Camp. Mayor Bacon recognized David Knight. Mr. Knight stated they are asking the City of Smyrna to rezone a 9.68-acre tract from RM-12 and 0&1 to TD Conditional for the use of fifty townhome units. He stated the property is currently zoned RM-12 (7.5 acres) and O&I (2 CLERK'S CERTIFICATE GEORGIA, COBB COUNTY I, Melinda Dameron, Clerk of the City of Smyrna, Georgia, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of a resolution adopted by the Mayor and Council of the City of Smyrna at an open public meeting duly called and lawfully assembled at 7 : 30 P . M., on the 6th day of April , 1998, the original of said resolution being duly recorded in the Minute Book of the Mayor and Council, which Minute Book is in my custody and control. I do hereby further certify that the Mayor and following members of the Council were present at said meeting: A. Max Bacon, Mayor Jim Hawkins C harlene Capilouto Jack Cramer Ron Newcomb Wade Lnenicka Bill Scoggins Pete Wood and that the following members were absent: and that said resolution was duly adopted by a vote of Aye Nay 0 Abstain WITNESS my hand and the official seal of the City of Smyrna, Georgia, this the 6 day of April , 1998. (S E A L) A RESOLUTION TO DECLARE OFFICIAL INTENT PURSUANT TO THE PROVISIONS OF SECTION 1.150-2 OF THE INCOME TAX REGULATIONS PROMULGATED UNDER THE INTERNAL REVENUE CODE OF 19869 AS AMENDED. WHEREAS, pursuant to an amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945 (Georgia Laws 1970, p. 1117 et seq.) and now specifically continued pursuant to an Act of the General Assembly (Georgia Laws 1986, p. 3957 et seq.) as a part of the Constitution of the State of Georgia of 1986, and under the provisions of Georgia Laws 1989, p. 4382 et seq., known as the "Downtown Smyrna Development Authority Act" (collectively, the "Authority Act") there was created a body corporate and politic, designated as the "Downtown Smyrna Development Authority" (hereinafter sometimes referred to as the "Authority") and the Authority is deemed to be a political subdivision of the State of Georgia and a public corporation, which Authority has been duly activated and organized and its members are now performing their duties and are serving in the furtherance of the purpose for which the Authority was created; and WHEREAS, the City of Smyrna is a public body corporate and politic and a municipal corporation duly organized and validly existing under the laws of the State of Georgia; and . WHEREAS, the Authority is authorized to undertake the acquisition, construction, remodeling, altering, renovating, equipping, maintaining, and operating of buildings, both private and public, and the usual and convenient facilities appertaining to such undertakings and extension and improvement of such buildings; the acquisition of parking facilities or parking areas in connection therewith; the construction, reconstruction, alteration, changing and closing of streets, roads, and alleys; the acquisition of the necessary property therefor, both real and personal; and the lease and sale of any part or all of such buildings, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such buildings, streets, roads and alleys deemed by the Authority to be necessary, convenient or desirable in connection therewith; and WHEREAS, the Mayor and Council of the City has determined that it is necessary and desirable and in the best interest of the citizens and taxpayers of the City that certain lawfully available funds on hand of the City be advanced to the Authority to be applied toward the cost of the acquisition, construction, renovation and equipping of a fire station and related facilities and equipment for the redevelopment of the downtown area of the City of Smyrna, and to pay expenses associated therewith (collectively, the "Project"), which Project will be leased to the City pursuant to that certain Fourth Amended and Restated Lease Contract, dated as of September 1, 1989 (the "Lease"), as supplemented or amended; and WHEREAS, from time to time the Authority has issued its revenue bonds to finance in whole or in part undertakings such as the Project and has leased such undertakings to the City pursuant to the Lease; and 237812.1 WHEREAS, certain regulations under the Internal Revenue Code of 1986, as amended (the "Code"), including specifically Section 1.150-2, require that the City must declare its "official intent" to be reimbursed for funds advanced by it to the Authority to enable the Authority to acquire and construct the Project for which the City will be repaid by the Authority from proceeds of a tax exempt bond issue of the Authority to finance such acquisition and construction; and WHEREAS, the City will make and has made advances to the Authority to enable the Authority to make certain expenditures with respect to the Project for which the City will be reimbursed with proceeds of tax-exempt bond issues to be issued by the Authority. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Smyrna, as follows: 1. The City intends to advance certain funds to the Authority to enable the Authority to finance on an interim basis the acquisition, construction, installation and equipping of a fire station and related facilities and equipment for the redevelopment of the downtown area of the City of Smyrna, and the payment of expenses associated therewith, which the Authority will finance with bonds the interest on which is excludable from gross income under Section 103 of the Code in an aggregate principal amount with respect to the Project that is not expected to exceed $3,000,000. The Authority, on behalf of the City (as lessee of the Project pursuant to the Lease), has incurred or will incur in calendar years 1998 and 1999 expenditures relating to the Project, which will be paid from funds advanced to the Authority by the City for such purpose. The City intends to be reimbursed by the Authority for such advances from the proceeds of the above -described bond issue. 2. The Clerk of the City of Smyrna is hereby directed to place this resolution in the minute books of the Mayor and Council and to make such resolution available for public inspection at the main administrative offices of the City. 3. Any and all resolutions or parts of resolutions in conflict with this resolution are to the extent of such conflict hereby repealed. 4. This resolution shall be effective immediately upon adoption. 237812.1 June 1, 1998, meeting - continued acres). Mr. Knight stated the surrounding property is The Bridge at Mill Pond Condominium development. He further indicated Wade Ford is located in close proximity to the property as is the Paces Springs II subdivision (which they are developing). Mr. Knight stated Delmar Gardens is located across the street from the property. Mr. Knight stated the property can currently be developed for ninety condominium units under the existing zoning and that is only the 7.5-acre RM-12 property. He stated they are proposing to develop the site with private streets and indicated they have grouped the buildings in units with two, three and four unit buildings. He stated this is a traditional neighborhood and some of the garages are rear entry and drive -under rear entry garages with some of the plans indicating front -entry garages. He stated they are proposing the townhome units be priced from $110,000 to $140,000 and the units will be typical in elevation similar to the ones they developed in the Village on the Green. He stated the plan presented tonight is a representative plan and not the final one and will equate to 5.18 units per acre over the total site with a proposed square footage larger than the existing condominiums as currently zoned. Mr. Knight stated they are requesting the TD Conditional zoning due to the fact that the current townhome zoning will not allow a site plan such as being shown tonight with the courtyards and larger open space. Mr. Knight stated this proposal is a different way to do townhome development than what is usually seen. He further explained in.his plan there is a center courtyard that the units are built around which he feels presents a better curb appeal and streetscape and they want to be able to place the garages in the rear of the units. Councilman Wood stated the property, which is a little over 7 acres, was brought into the city a number of years ago and was zoned RM-12 - Condominiums. He stated the density was considerably more than the proposed density for this development and the other property, a little over 2 acres, is currently zoned O&I. Mr. Wood further stated this proposed density is approximately half of what could be built there if someone wanted to build under the current zoning. Councilman Wood asked Mr. Knight if the ownership will be fee simple and he responded that was correct. Mr. Wood then asked about firewalls and Mr. Knight responded he had met with Chief Williams and the Fire Marshals and the units will be sprinkled and all the radiuses have been preliminarily approved by them. Mr. Wood asked Mr. Knight about landscaping and he responded there is a lot of common area which will be maintained by the Homeowner's Association and will be professionally landscaped. Mayor Bacon recognized Robert Stein, attorney from the firm Weissman, Nowack, Curry and Wilco, representing The Bridge at Mill Pond Condominiums. He stated they agree with the concept of Mr. Knight's plan and his request for rezoning and actually applaud his request for a reduction in the density. Mr. Stein stated they are asking the council for four added conditions, which he presented to the City Clerk for distribution. Mr. Stein stated they are concerned that there will be individual yards and if these are to be fee -simple townhomes there may be a portion in front of the units that is not common area. He further stated Mr. Knight has indicated the common area will be maintained by the homeowner's association. He stated they would like to add the following, as a condition of zoning: 1. Requirement that the individual yards that may be a part of these townhomes also be maintained by the homeowner's association. He stated this will preserve the aesthetic appeal. 2. Covenants for all the exterior maintenance for the townhomes to be performed by the homeowner's association. *3. A 35' undisturbed buffer. He stated from looking at the plan they were not able to determine the size of the setback and are asking that this be an undisturbed buffer. He stated The Bridge at Mill Pond has diligently maintained the property on its side of the shared property line and has kept the trees in place. He further stated since some of these buildings will be close they are asking for that property along the shared property line with The Bridge at Mill Pond, not surrounding the entire community, be a 35' undisturbed buffer. He stated with the exception of any additional plantings that the ordinance provides for a buffer strip and utility crossings. He stated the buffer strip requirements that are called for by the zoning ordinance is what they would look to have applied to this 35' undisturbed area. (See narrative below - changed from 35' to 25'.) 4. The typical streetscape submitted by Mr. Knight to be a condition of the zoning. Mr. Stein stated those are their requests and asked Mr. Knight if he considers them to be reasonable. Mr. Knight stated in reference to items 1 and 2 above, the landscaping will be covered by covenants for the community. He stated he feels they can address most of these comments in there. He further stated as far as the exterior maintenance on the townhomes, June 1, 1998, meeting - continued they will be fee -simple ownership and he needs to think about condition 3 above. He stated item 4 is a typical streetscape and will not be a problem. Mr. Knight stated the 35' undisturbed buffer will not work for them. He stated that buffer by zoning is a 25' buffer which is shown on the plan. He stated if they lost ten feet in that area it would adversely affect that type plan and stated the current buffer is 25' and not 35'. Mayor Bacon asked if the buffer is undisturbed. Mr. Knight responded that was correct. Mr. Stein stated they could not read the plan and the 25' is acceptable. Mr. Knight stated he and Keith Davidson have talked about protecting the exteriors with the covenants since they are fee simple. Mr. Stein stated that would certainly be part of the covenants but they wanted to be assured through conditions of zoning that should Knight Davidson Companies not be the company that builds on this site, that as a condition of zoning, whoever builds on the site would have the requirement to place those within the covenants. He stated their condition, as asked, is that the exterior maintenance be a condition of zoning and that it set be forth by covenants. *Councilman Wood asked Mr. Stein if the above conditions meet their requirements. Mr. Stein responded yes with conditions 1, 2 and 4 are acceptable and with condition 3 changed to a 25' foot buffer. Mr. Knight stated they are not saying the association would fix someone's building exterior if there is a problem, but they would govern the exterior by the architectural covenants. Mr. Stein stated they were actually stating at The Bridge at Mill Pond that someone would fix the exterior of the building and Mr. Knight responded that is a condominium and this is a fee -simple townhome. Mr. Stein stated their concern is due to the attached nature of the units and if an individual owner did not take quality care of the exterior that an association would do so by painting an entire complex at one time and meeting the necessary exterior maintenance standards. Mr. Knight stated the homeowner's association would have the right to cure. Councilwoman Capilouto stated she lives in a fee -simple townhome community and assured Mr. Stein that they paint in her neighborhood. Ms. Capilouto stated the city does have ordinances that the property owners have to abide by to also protect the outside appearance. Councilman Newcomb asked if it would be possible in the stipulations that there will be a homeowner's association and covenants to include, as a minimum, that homeowners will have to keep up the property to such and such a standard, and give the association the authority to act when they don't. Mr. Stein then introduced Mary Touchedorf, member of the Board of Directors at The Bridge at Mill Pond. Ms. Touchedorf stated she chose the association fee to ensure the quality of her townhome. She stated there were a number of fee -simple homes that were not well maintained and the association fee that she pays guarantees that she has a nice community in which to live. Councilwoman Capilouto asked Mr. Knight about the paint color schemes and if that is part of the covenants and he responded yes. Councilman Wood asked Mr. Stein since Mr. Knight stated the 25' undisturbed buffer was acceptable did that address the buffer issue and he responded it did. Mr. Wood then asked Mr. Knight if he planned to deal with exterior maintenance issues through covenants through the mandatory homeowner's association and Mr. Knight responded that was correct. Mr. Wood stated the typical streetscape was discussed as part of the plan and if this is approved, this is part of the plan and plat, and if it is changed will require the applicant to come back and get a variance. Mr. Wood stated the open spaces for recreation, etc., have been discussed. Mr. Stein stated the only addition to that is for the homeowner's association to maintain whatever small yard space there may be as a part of the development and within the lot lines. He stated it looked like that might be small from the site plan but asked that they maintain that small piece of yard space as well, not just the common areas throughout the community. He further stated if it is fee simple, it may be a small yard. Councilman Wood stated this does represent a substantial down zoning and that is certainly advantageous to the current property owners and apartment dwellers in that area. He further stated there will be substantially less units with larger units and obviously less traffic. Councilman Wood made a motion that the request of Knight Davidson Companies to rezone approximately 9.68 acres on Mill Pond Road from RM-12, Condominiums and O&I be rezoned to TD-Conditional for Townhomes with the stipulations as follows: 1. There will be a mandatory homeowner's association and that association will have the responsibilities for carrying out the covenants as prescribed on the added conditions of zoning presented tonight under Added Conditions 98-007. June 1, 1998, meeting - continued 2. Side yard setback along shared property line with The Bridge at Mill Pond Condominiums will be 25' undisturbed buffer. 3. Typical streetscape will be as currently proposed on the plans submitted to the City of Smyrna. 4. Ownership will be fee simple. 5. They will meet all the fire codes pertaining to dwellings of this type. 6. There will be at least single -car garages and units where applicable or where possible will have double -car garages Councilman Cramer seconded the motion. Motion was approved 7-0. (E) Land Use Change - Mill Pond Road (9.68 Acres) from High Density Residential and Community Activity Center to Medium Density Residential Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to this land use change. There was none. Councilman Lnenicka made a motion that the land use change at Mill Pond Road (9.68 acres) from high density residential and community activity center to medium density residential be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) *Rezoning Request - Cooper Lake Road (20.4 Acres) - From R-20 to RAD Conditional Mayor Bacon asked Councilman Wood to discuss Items 3-F, 3-G and 3-H. Councilman Wood stated these three items pertain to the Cooper Lake Road annexation and rezoning. He then stated the applicant, Russell Barnett, has requested that due to some modification changes that prohibit any action being taken on the annexation tonight, that these items be tabled until a special called meeting to be scheduled for June 22, 1998, at 7:00 p.m. He stated the city has a petition for annexation and rezoning but under Georgia law, the city can not take any action on the annexation until the issue of rezoning has been resolved. He stated the meeting scheduled for June 22 will allow the applicant time to complete the plan modification and allow the city sufficient time to properly advertise the meeting. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to address this issue. Mayor Bacon recognized Ann Daniel Winters, 5160 Civitania Road. Ms. Winters stated she was not opposed to the development but had several concerns. She stated she was concerned about the type of development and maintaining the integrity of the neighborhood. She further stated her primary concern for the property is the high density. Ms. Winters also stated she would like the council to consider the following three things when the rezoning is discussed: 1. Lower density which would be more consistent with the area. 2. Consideration of a generous buffer along the periphery of the property to help maintain the watershed and protect both the wetlands and some of the other property in the area. 3. Protection of the wetlands because of the eight natural springs that could be adversely affected by the development. Mayor Bacon recognized Chester Moore, 5245 Civitania Road. Mr. Moore stated he felt that type of development is totally out of character with that section of road on Cooper Lake Road and coming down Civitania Road. Mayor Bacon recognized Don Wade, 5092 Fawn Trail. Mr. Wade stated his main concern is the prospect of a road entering into Civitania Road and asked the council to consider the danger that would be caused if a road is allowed to intersect Civitania from the proposed new development. Mayor Bacon recognized Tom Gianetti, 5086 Cavalier Drive. Mr. Gianetti stated he was concerned about the everlasting impact a decision on the rezoning would leave on Cooper Lake Road. He stated the area is rural in nature and feels if this issue moves forward, it would change the character of the neighbor. He stated he was not opposed to development but was opposed to the proposed high density. Mayor Bacon recognized Lynn Johnson, Stoneybrook subdivision. Ms. Johnson stated she is concerned about the loss of trees and the environmental impact of such a development on the June 1, 1998, meeting - continued area. Ms. Johnson asked the council to consider a building moratorium and asked the council to leave Cooper Lake Road alone. Mayor Bacon recognized Jack Booker, 5086 Stoneywood Circle. Mr. Booker stated he felt the density is much too high and suggested it be reduced. Mayor Bacon recognized Christine Famber, 631 Summertree Court. Ms. Famber stated she is also concerned about the density and asked if there was anything that could be done to keep the trees in that area. Councilman Wood made a motion that the rezoning request for Cooper Lake Road (20.4 acres) from R-20 to RAD Conditional be tabled to the special called meeting scheduled for June 22, 1998, at 7:00 p.m. Councilman Cramer seconded the motion. Motion to table was approved 7-0. (G) *Land Use Change - Cooper Lake Road (20.4 Acres) From Low Density Residential to Medium Density Residential Councilman Wood made a motion that the land use change for Cooper Lake Road (20.4 acres) from low density residential to medium density residential be tabled to the special called meeting on June 22, 1998, at 7:00 p.m. Councilman Cramer seconded the motion. Motion to table was approved 7-0. (H) *Annexation of Property - Cooper Lake Road at Civitania Road, Land Lot 329, 17' District, 2nd Section, Cobb County, Georgia Councilman Wood made a motion that the annexation of the 20.4 acres on Cooper Lake Road at Civitania Road be tabled to the special called meeting on June 22, 1998, at 7:00 p.m. Councilman Lnenicka seconded the motion. Motion to table was approved 7-0. (I) Amend RAD Conditional Zoning at Windy Hill Road Mr. Smith stated this involves a piece of property that the city rezoned RAD Conditional. He stated the applicant, a division of Pulte Homes, is requesting that the entrance of the project be relocated to the westerly side of the project and the number of lots be reduced from 83 to 81. He stated the reason for this is a conflict with the Cobb County D.O.T. over crossing a strip of property which was a concern to them. He stated the only substantive change in this other than the reduction of two lots is simply moving the entrance from one site to the other. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the amendment to the conditional zoning. Mayor Bacon asked the engineer of the project to step forward. Councilman Scoggins made a motion that the request to amend the RAD Conditional zoning at Windy Hill Road to move the entrance from the eastern side to the western side and to reduce the number of lots from 83 to 81 be approved. Councilman Newcomb seconded the motion. Mayor Bacon stated for the record this change is due to the conflict with Cobb County and this proposed entrance location is not the recommended location where the ingress/egress should be to the property. Motion was approved 7-0. (J) Approval of Proposed FY 99 Budget Mr. Smith stated the proposed budget for fiscal year 1999 is before the Mayor and Council for their approval. He stated this budget represents a 6.42 % increase over 1998 and the budget is projected to be $35,150,356 and is a revenue plan and a spending plan. He stated the consolidated total comes from three sources - General Fund which represents $24,027,819 about a 7% increase in that area; Special Revenue - $2,867,251 a 13.55% increase; Water/Sewer - $8,255,286 - a 1.79% increase. He stated the general government projected cost for next year is $12,047,963 which represents slightly over a 5 % increase; Public Safety - $11,119,174 - 4.32 % increase; Community Services - $3.673,728 and Public Works - $8,309,491 for a combined expenditure plan of $35,150,356. Mr. Smith stated the General Fund Budget total is $24,027,819 representing about a 7.29% increase from the previous year. Mr. Smith commended the Finance Department, especially Greg Van Antwerp, and the department heads for their work on the budget. Mr. Smith then presented the budget to the Mayor and Council on behalf of the Finance Committee and the staff of the Finance Department. June 1, 1998, meeting - continued Councilman Lnenicka stated he did not think there is any task more serious for the council each year than to prepare the budget which is both a plan for revenues and expenditures. He further stated the citizens entrust them with the money not to waste but to spend on their behalf. Mr. Lnenicka stated that revenues for the consolidated budget may be of interest to the citizens. He stated the largest single block is property tax - 24.07 % of the budget comes from property tax; very close behind is the water/sewer revenue - 23.26%; the third largest category of revenue is franchise and other taxes - 16.09%; and finally sales and service charges - 11.28%. He stated there are five other categories of revenue that make up the balance but those are the largest portions. He stated the percentage of the budget made up of property taxes has declined and this council has made a commitment to continue to reduce the millage rate in the city to more equitably spread the cost of the city over all the people that live here and use the city services. He stated the projected revenues are $35,150,356 and the city is very fortunate to be one of the cities where revenues are actually increasing. Mr. Lnenicka stated contained within the budget is a forecasted millage rate, property tax millage rate in the city, of 11.2. He stated this is a tentative millage rate that is a decrease from the current millage rate in this fiscal year of 11.3 mils and continues a commitment that this council made to reduce the millage rate each year they are in office in this term. He stated in FY 1996 the millage rate was 11.5; FY97 - 11.4; FY98 11.3 and for FY99 - proposed 11.2 mils. He stated the millage rate will be officially confirmed later this summer when the city receives the formal complete tax digest information from Cobb County and usually in August or September the city can officially set the millage rate in time for bills to be mailed this fall. Councilman Lnenicka stated there are some major items included in the budget in terms of capital outlay - Computer Equipment - connecting the city on fiber optic networks - $181,000; approval for bids for fire equipment - on the consent agenda this evening - $769,000 (expected cost); twelve vehicles for the Police Department - $264,000; Parks Facilities - $135,000; Public Works Department - $265,00 with the largest portion being for equipment and motor vehicles and drainage improvements; Sanitation - new leaf vacuum truck - $35,000 and $67,000 for motor vehicles which represents a new sanitation truck and a route. Councilman Lnenicka stated in terms of positions there are nine new positions in the FY99 budget with eight being full time and one being part time. He further stated three positions are directly related to the growth of the city in the residential neighborhoods: Community Development Department - one part time receptionist position; Sanitation Department - one full time light equipment operator and a full time Laborer II; Parks Facilities - one full time Crew Chief and one full time Laborer II; Police Administration - one full time Records Clerk; Court Services - one full time Chief Probation Officer and two full time Probation Officers. Councilman Lnenicka commended Howard Smith and stated he has done an outstanding job of putting together a budget for the city that is balanced and fairly dispersed among the various departments of the city. Mr. Lnenicka then commended Claudia Edgar and Greg Van Antwerp for their efforts and all the department heads and staff of the city who have contributed to this budget as well as the cooperation of the Mayor and Council to set city-wide priorities. He stated this is a proposed budget which he is hopeful will be voted on and adopted, it does not necessarily mean that this budget will not be changed. He further stated the city will continue to look at a number of personnel related issues for the employees in terms of making sure that the city staff is the very best it can possibly be to serve the residents of the City of Smyrna and that they are paid and treated as fairly and competitively as the city can possibly do within its means. Councilman Lnenicka then asked Councilman Wood, Chairman of the Human Resources Committee, to quickly outline the ongoing things the Human Resources Committee is working on and stated they are continuing to study some areas and may bring back issues to the council to adopt as an amendment to the budget. Councilman Wood stated there are a number of things that deal directly with the city employee benefits, compensation and insurance programs. He stated the Human Resources Department has completed an RFP for an actuarial study that has been mailed to eleven organizations that are in this business. He stated the purpose of this RFP is to have an outside, independent organization with a lot of expertise in retirement plans perform this actuarial study and to determine what our strengths and weaknesses are in the retirement plan. He further stated it is the Mayor and Council's intent to, once the study is complete, review it and do the very best they can to upgrade the retirement plan for all the employees. He stated also in the budget are funds for a classification and compensation study which will be an update to the one performed three years ago. He further stated the purpose of this study is to ensure that all the city's jobs are classified properly and the compensation ranges are competitive. He stated the city is still looking at long term disability insurance, medical insurance program and other initiatives that June 1, 1998, meeting - continued are going on relating to personnel matters and those will be brought before Mayor and Council as soon as there is adequate information and the studies have been returned. Councilman Lnenicka made a motion that the presented budget for FY99 be approved. Councilman Wood seconded the motion. Mayor Bacon commended and thanked all the people who put in countless hours working on the budget. Mayor Bacon then stated that almost six months ago, the elected officials and department heads attended their annual retreat in Athens. He stated during that time almost the majority of the time was spent discussing the benefits for the employees. He stated they talked about trying to make sure the employees are paid well and that they have a good retirement and benefit package. He further stated those things that need improvement can not happen overnight - especially the retirement package. He stated the current retirement package for the employees does not include employee contribution as it is paid for totally by the city. He stated the city does feel there is a need there for improvement and perhaps the possibility of allowing the employees to participate in the retirement system which will in turn give them give them more money when they want to retire. He stated he feels the salaries for the employees throughout the city are very competitive but there are areas that need to be reviewed. Mayor Bacon stated he feels this budget will allow the city to look at those salaries and if there are adjustments that need to be made, make those adjustments after all the information has been received. Mayor Bacon stated he is satisfied with this year's budget and feels it allows growth and the reduction of the millage rate. Mayor Bacon asked Finance Director Claudia Edgar if she had any comments. Ms. Edgar thanked everyone involved in the budget process, especially Greg Van Antwerp and Howard Smith, and the Mayor and Council and the department heads in this joint effort. She further stated this budget would not be possible without everyone's cooperation. Motion to approve the budget was approved 7-0. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of May 18, 1998, Minutes (B) Approval to Use Council chambers - and Fire Test Briefing Tuesday, May 26, 1998 - 7 to 8 p.m. - Police (C) Approval to Install Speed Hump on Turpin Road (D) Approval to Change Name of Southern Manor Apartments to Madison Manor (E) Approval to Request Bids - Three (3) Rescue/Pumpers Unit Councilman Lnenicka made a motion the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: There were no committee reports this evening. ADJOURNMENT Mayor Bacon recognized Representative Frank Bradford who remained for the entire meeting. Mayor Bacon announced Smyrna Night at the Braves is Wednesday, June 10, 1998, and he will be throwing out the first pitch. With no further business, the meeting adjourned at 10:03 p.m. June 1, 1998, meeting - continued A. MAX BACON, MAYOR 06L�Nz Qclddj�n�I-A CHAR LENE CAPILOU O, WARD 1 't vrr pwrm dil / CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 CITY CLERK RON NEWCOMB, WARD 2