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07-06-1998 Regular MeetingJuly 6, 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 and representatives of the press. Invocation was given by Reverend T. T. Johnston, Calvary Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Mike Bowers, candidate for Governor. Mr. Bowers thanked the Mayor and Council for the opportunity to speak this evening and briefly outlined his platform. He urged everyone to vote in the July 21 primary and asked for their support. Mayor Bacon recognized Ben Smith, candidate for District Attorney of Cobb County. Mr. Smith thanked the Mayor and Council for the opportunity to speak this evening and wished the City of Smyrna a Happy Birthday (August 1). Mayor Bacon recognized Rich Golick, candidate for State Representative for District 30. Mr. Golick outlined his platform and asked for everyone's support in the primary. PUBLIC HEARINGS: (A) Annexation - 10.09 Acres on Cooper Lake Road at Civitania Road Mr. Smith stated Margaret B. Long has requested the annexation of the 10.09-acre site on Cooper Lake Road at Civitania Road. He further stated this is the second phase of the annexation process and the entire parcel was previously rezoned RAD-Conditional for development of a single-family home subdivision. Mr. Smith stated the request is to annex the property to become a part of Ward 7 effective August 1, 1998. Mayor Bacon stated this is a public hearing and asked if anyone present wished to address the issue. Several persons indicated they wished to speak and City Attorney Chuck Camp administered the oath to those persons. Councilman Wood stated on June 22, 1998, the council validated the petition of Margaret B. Long to annex the property as indicated earlier - approximately 10.09 acres. Mr. Wood stated this is a public hearing and opened the floor for discussion. Mayor Bacon recognized Ann Winters, 5160 Civitania Road. Ms. Winters presented a letter from 48 people in her area and requested that the city note by head or hand count the number of persons here tonight opposing the annexation of the property. Mayor Bacon stated that could certainly be done but it would not persuade the council one way or the other, whether there are 3,000 people for the annexation or 10,000 people against it. He stated that is not taken into consideration but he did ask those who are against the annexation to raise their hands. Ms. Winters then read the letter to the Mayor and Council and presented the letter to the City Clerk. Ms. Winters stated they have reviewed several Georgia laws concerning annexation and related zoning and would appreciate clarification by the Smyrna City Council concerning their interpretations and the basis for their questions. Ms. Winters stated at the June 22 meeting, the Smyrna City Council approved the rezoning and land use change for the proposed Spring Mountain development - approximately 20 acres and at the same time the council approved annexation of 8.58 acres of the site. Ms. Winters said a stated reason for annexing a smaller portion of the entire site was multiple owners and the need to approve annexation separately for each owner. Currently on file with the City of Smyrna is one rezoning application signed by Margaret B. Long initiating the annexation process in May of 1998 and attesting that she is 60% or greater owner of this property. Attached to that application are legal descriptions for three annexation parcels - the 8.58 acre parcel that was approved on June 22; the 10.09 acre parcel on tonight's agenda and a 1.08 acre parcel scheduled for the next council meeting later in July. All of these are revised descriptions dated June 4, 1998. Based on a calculation of the legal description provided in the rezoning application per the public notice of May 21, 1998, for the proposed site, the total aggregate external boundary is approximately 6,121.07 feet and 1/8 of which is 765.13 feet. The existing contiguous city property along Civitania Road has a linear distance of approximately 578 feet. The following Georgia Codes appear to apply to this annexation situation. Georgia Code 36-36-21 - Lands to Be Annexed at any one time shall be July 6, 1998 meeting - continued treated as one body regardless of the number of owners and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. Code 36-36-32 refers to signed application of the owners of not less than 60% of the land area, by acreage, included in such application. Item B of 36-36-32 - Lands to be annexed at any one time shall be treated as one body regardless of the number of owners and all parts the same as the other comment. Georgia Code 36-36-31 - For purposes of determining an area's aggregate external boundary all real property which at the time annexation procedures are initiated is owned by the same person, who owns real property in the area to be annexed and adjoins to any extent such owner's real property in the area to be annexed. Continuing in that Code section, the term contiguous area means any area of which at least 1/8 of the aggregate external boundary at the time annexation procedures are initiated directly abuts the municipal boundary. Georgia Code 36-36-52 - Contiguous area means any area which at the time annexation procedures are initiated either abuts directly on the municipal boundary or separated from the municipal boundary by a street or street right of way. That's the case for this property. Georgia Code 36-36-54 - The total area to be annexed must meet the following standards - at least 1/8 of the aggregate external boundaries of the area must coincide with the municipal boundary. Georgia Code 36-36-91 - For the purposes of determining the aggregate external boundary of an unincorporated area - all real property in the area to be annexed which at the time the annexation procedures are initiated as unincorporated and in the same County as the annexing municipal corporation and these go on. She stated they have four basic questions related to these codes and how they could apply or, we think, do apply to this annexation situation. 1. Based on the above information and the cited codes, we believe that the total site - approximately 20 acres, should be considered as one annexation application. We would appreciate the City clarifying your position based on this additional information. 2. Please clarify that Margaret B. Long is a 60% owner of the property. Particularly related to annexation of separate parcels on separate occasions with one application signed by Ms. Long in May. It is our understanding that there are two other individuals shown as joint owners on the property in question tonight and there is no indication that she has power of attorney or anything like this filed with the application. We would also appreciate your providing the names of all owners of the property and their percent ownership and that would be for both parcels - the one approved on June 22 and then the one considered for tonight - July 6. 3. Following the cited codes that indicate the total site should be considered as one parcel for annexation purposes the resulting estimated external boundary is approximately 6,121.07 feet 1/8' " which is 765.13 feet. Please clarify for us how the 1/8' minimum contiguity requirement estimated at 578 feet currently along Civitania Road has been met compared to the 765 feet. 4. Based on the Georgia Codes cited above, we believe the annexation of this property should not go forward as planned. Additionally, we believe the parcel approved for annexation on June 22 should be reconsidered if not even null and void since the 1/8' minimum contiguity requirement and other considerations apparently have not been met. We would appreciate the council's clarification on this issue. She stated that is the end of the letter with their questions, the 48 signatures and she then presented the letter to the council. Mayor Bacon recognized Parks Huff, attorney with the law firm of Sams and Larkin, who stated he has been retained in regards to the annexation application that is before the council this evening and was also before the council on June 22. Mr. Huff stated he believed after reviewing the information that was provided to him through the City Clerk and some of the opposition present tonight, that there are several legal problems presented with the annexation request and the rezoning that occurred. He listed the following items as problems he thinks are associated with this annexation. After requesting the annexation application, the city provided him one application. He stated there is only one annexation application that was filed with the city for all the property. One signature on it and it is not even signed. Code section requires that it be signed and requires 60% ownership and they do not know what percentage ownership this woman has and a cursory search has told him that at least some of the property is owned with other individuals and she does not have any ability to sign as their legal representative. He further stated she has not to his knowledge presented anything to the city to show such authority. He stated Code 46-36-31 requires 1/8' contiguity and Ms. Winters has gone over this with the council this evening. This should be considered as one annexation application and you don't have the 1/8' contiguity when July 6, 1998 meeting - continued it is considered as one annexation application. O.C.G.A. Section 36-36-32(b) clearly states that "lands to be annexed at one time shall be considered as one body regardless of the number of owners." He further stated he thinks the city has been told that it is divergent ownership and that is why it has be done in separate ones. He stated there was an intent to annex all at one time and you have a failure of the 1 /8'h contiguity requirement. Mr. Huff has already gone over that it wasn't dated and there is no authority for her to sign for any land owners and the last section that he believes is very important tonight is O.C.G.A. Section 36-36-36 states that a public hearing shall be had on the annexation application not less than 15 days after the city determines that the petition is valid. Well, the city has chosen to break this annexation application that started out as one application according to the information he has received into three different petitions. One that was heard on June 22; on June 22 they validated the annexation for the part that is being considered here today. Today the motion to validate the annexation of the final part. Well, June 22 - July 7, you have 14 days and you have not complied with Section 36-36-36 and you have not provided the people here due process that the legislature has told them they deserve and I submit to you that that is only a few of the problems with this annexation application. The decision on June 22 to annex the property is invalid and any annexation that occurs tonight will be invalid and I urge you to not approve the annexation application tonight and to re-evaluate the annexation application that occurred on June 22. With that, I would like to request the council to seriously consider that and I will have a seat and let other people who are here opposed who have more emotional arguments to present to you, present evidence to you and I will be available to answer any questions that the council may have either now or later. Mayor Bacon asked Mr. Huff whom he represents. Mr. Huff responded he represents Ms. Winters. Mayor Bacon asked him if he had been retained by Ms. Winters and he responded he has been retained. Mayor Bacon asked if he had been retained by these individuals. Mr. Huff responded "correct." Mayor Bacon recognized Allan Kovatch, 5106 Stoneywood Circle, who stated he is here tonight on behalf of the President of the Homeowners Jim Welch and community members to present a copy of a similar letter signed by Mr. Welch and attached are over sixty homes represented out of the 170 something in the neighborhood. He stated the only thing he would add to that is personally out of the twenty people that I was able to catch up with over the holiday weekend nineteen people have signed. So some of the other people that have canvassed the neighborhood had similar turnout from the people they actually talked to. So I would say we've got significant solidarity in our neighborhood. Thank you. Mayor Bacon asked Mr. Kovatch to give the letter to the City Clerk, Ms. Dameron. Mayor Bacon recognized Jack Booker, Stoneywood Circle. Mr. Booker stated he was present at the June 22 meeting and that he just wanted to second what Allan (Kovatch) said. Of the people I talked to, 100 % of them signed and were very much against the rezoning/annexation. Councilman Wood addressed City Attorney Chuck Camp and stated there have been several questions raised by the speakers. He then asked if there was any legal reason this council should not proceed with this public hearing on this annexation request and take action tonight. Mr. Camp responded, "No sir." Councilman Wood asked Mr. Camp if in his opinion, this issue meets the criteria for appropriate action by the Mayor and Council. Mr. Camp responded it does. Councilman Wood made a motion that the application of Margaret B. Long to annex approximately 10.09 acres at Cooper Lake Road at Civitania Road be annexed into the city and become a part of Ward 7 effective August 1, 1998. Councilman Hawkins seconded the motion. Councilman Newcomb stated the owner of the property has come to the Mayor and Council and requested their land be brought into the city. He further stated they have property and wish to do something with it that they believe to be legal and the Mayor and Council, as well as the City Attorney, believe to be legal. He stated he thinks the burden of proof, in order for us to be able to say to that property owner, you can not be annexed, is on those folks coming forward to make the case unmistakably clear. He stated certainly you have raised some issues that I know are of concern to you that are similar to the issues that were raised before and your opinion counts. Councilman Newcomb stated he wanted to clarify that when the Mayor said it would not matter if there were 3,000 people opposed to it, that's in a legal sense that the person who owns this property wishes to come into the city and it is not a question of the city going out and forcing this person in - they are requesting to come in. He further stated they want to do something with their land in the legal sense that they have the right to do something with July 6, 1998 meeting - continued their property. That is very compelling and is always a compelling reason for us and I think any one of us here would share the belief that even if a whole bunch of folks were opposed to a legal use of property, you would still have to do what the legal use was, so I wanted to clarify that remark. Councilman Newcomb stated he has to continue to have to believe that the City Attorney and the City Engineer have paced this off and have looked into the legal ownership of the property. I noticed that a couple of speakers themselves remarked that there were multiple owners of the second piece of property. In fact the issue was how much did Ms. Long own and that would seem to make the case that the ownership of the two pieces of property in fact aren't identical. Councilman Newcomb stated he supports Mr. Wood's motion again in the belief that the attorney, city engineer and everybody connected with this has done the right thing. Motion was approved 7-0. (B) Zoning Amendment - Ennisbrook Subdivision, Intersection of Church Road and Old Concord Road - Reduction of all Setbacks Mr. Smith stated the applicant, Ryland Homes, represented by Todd Jones, is requesting the setbacks to be amended. He further stated the applicant is requesting that the front yard setbacks be reduced from 20 feet to 10 feet, side yard setback from 7.5 feet to 5 feet, and the rear from 25 feet to 15 feet, because they are increasing the size of homes on these lots. Mayor Bacon stated this is a public hearing and asked if anyone present was in opposition to the proposed zoning amendment. There was no opposition. Councilman Cramer asked Todd Jones to briefly describe the plans for the subdivision. Mr. Jones stated they plan to begin the first section, ninety-five (95) home sites and build 1700 - 2500 square foot homes. He further stated the community will be a total of 173 homes and will be a swim and tennis community with amenities, play field and they have even discussed the possibility of being able to put in a ballfield as well. He stated they have 32 acres of open space for the homebuyers to use and enjoy in the low lands and the development will have a gated entrance. He stated they are requesting the setbacks in order to offer larger homes to potential purchasers. He stated they can begin with 1700 square foot homes and go from there but he feels they will be averaging over 2200 or 2300 square feet in size. Mr. Jones stated because it is a privatized street community with many cul de sacs they have found with the given setbacks under the RAD Conditional, they are going to nick corners of different setbacks on some of the lots throughout the community. He further stated they found that only thirty- three of the lots in the community would require variances on the setbacks and instead of doing this on a lot -by -lot basis, are asking for a setback reduction on all the lots and not overburden the city with several requests for various setback reductions. Mr. Jones clarified that they only need a couple of feet on the side or on another lot they may need just a couple of feet in the back and perhaps on another one setback reduction on the front. Mr. Jones stated after speaking with Robin Broyles and Councilman Cramer, they felt it would be best to request one specific zoning change which would allow them to do it at one time. Mr. Jones indicated on the proposed plan that on Lot 19 if they placed a 2300 square foot home on the site they would encroach a couple of feet on the front corner setback. He stated in order to do this on several lots, they determined if they ask for a 15-foot rear setback, 5-foot side setback and a 10-foot front setback they will be able to set all the houses. He further stated on the lots where the houses will not affect the existing encroachments will be left as is and use the existing setbacks and only apply the new amendment where it is necessary. Councilman Cramer asked Mr. Jones about the residents whose property back up to the proposed development and stated those residents are in the County and asked about the buffer between the property. Councilman Cramer stated all the same restrictions will apply such as the 30-acres of wetlands will be left; they will not impede the down flow. Mr. Cramer stated the price of homes for this community will begin at about $160,000 and the basement homes will probably be about $220,000. Councilman Hawkins asked about the 15-foot setback on the rear. He asked what will be in that 15-foot area behind the homes between these homes and the homes of the county residents. Mr. Jones responded around the perimeter of the community will be a 10-foot "no disturb" buffer and they will stay completely out of that. He then indicated they will try to keep the houses as close to the street as possible along the houses that border the county and will try to limit the backyards in order to minimize the disturbance in the rear yard. Mr. Jones stated they have been able to save a lot of trees in the community and they hope to go on a lot -by -lot basis and remove trees as they see the house needs to sit. He further stated this allows them to save a lot more trees throughout the community. Councilman Hawkins encouraged them to save as July 6, 1998 meeting - continued many trees as possible. Mr. Jones stated they plan to start homes within twenty days and selling them within thirty days. Councilman Cramer thanked Mr. Jones for the proposed development and stated he feels it will be good for the area. Councilman Cramer made a motion to approve the application to amend the setbacks on the Ennisbrook subdivision - reducing the front yard setback from 20 feet to 10 feet; side yard setback from 7.5 feet to 5 feet; and the rear setback from 25 feet to 15 feet. Councilman Wood seconded the motion. Councilwoman Capilouto asked if the 5 feet is between the middle of the two property lines or is it 5-feet between the houses. Mr. Jones responded it would be 5 feet from one house to its property line. Councilman Newcomb asked if this increases the number of homes they plan to build. Mr. Jones responded no. Mr. Newcomb then asked how many units would actually be built 5 feet off the property line. Mr. Jones responded he could only relate this to experience, and their past experience indicates they usually exceed the 7.5 feet on the side and very rarely do they hit the 7.5 on the side. He stated you may see it where you are in a cul de sac and maybe a corner would come within 10 but they would probably average 15 feet between houses in a normal community. Councilman Newcomb asked about fire safety protection between the homes. Mr. Jones responded they have standard brick front homes and with an optional siding of the home can use brick as well. He then stated they use a cement -fiber based siding on the side of the homes which has a fifty- year warranty and is a fire rated product and does not burn. He stated that is what is on the remaining sides of the home. Councilman Newcomb stated he agreed with Mr. Cramer in that these are good houses but was opposed to the 5-foot setback on the side yard. Motion was approved 5-2 with Councilman Lnenicka and Councilman Newcomb opposed. (C) Amendment to Urban Design Overlays Mr. Smith stated this is a comprehensive revision and consolidation of the overlay districts that the City of Smyrna has had in place for some time. He further stated the original South Atlanta Road Overlay and the Spring Road Overlay were expanded to include several other areas at the request of council members - Windy Hill Road, South Cobb Drive and Concord Road. He stated due to the number of districts some confusion came about for persons wishing to develop in these areas. Mr. Smith stated through the Community Development Committee the consultant, John Moeller, was contacted and reviewed with the Community Development Department. Mr. Smith stated this is the first reading of the proposed amendment and consolidates the overlay districts into one corridor design standard which will be a part of the City of Smyrna Zoning Ordinance (Section 717). Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to comment on the proposed amendment. There was no public comment. Councilman Hawkins stated since this is a first reading no action will be taken. Councilman Hawkins stated if anyone was interested in obtaining a copy of the proposed amendment it will be available in the office of the City Clerk. Councilman Hawkins stated the proposed amendment will be on the agenda for the July 20 council meeting. (D) Annexation of Unincorporated Island #32 - South of Fawn Lane and Antler Trail - (9.62 Acres) - Land Lot 262, 17' District, 2nd Section, Cobb County, Georgia Mr. Smith stated this annexation is a part of the effort by the City of Smyrna to annex unincorporated islands for consistent service delivery. He then stated notice of annexation has been mailed to the one existing property owner and the annexation has been properly advertised. Mr. Smith stated if the annexation is approved the property will become a part of Ward 7 effective August 1, 1998. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to comment on this annexation. Mayor Bacon recognized Mr. Yeong Song Ruo, 711 North River Forest Court, Marietta, Georgia, owner of the property. Mr. Ruo stated he owns the vacant land in question and asked that his property not be annexed into the city. He stated he would receive no benefits and would be required to pay higher property taxes. Mayor Bacon stated under Georgia Law, this property meets the criteria for what is commonly called the Island Annexation Law, which allows cities to bring in to their corporate limits areas that are surrounded by city limits. Councilman Wood made a motion to approve the annexation of the 9.62 acre tract in Land Lot 262, south of Fawn Lane and Antler Trail, and become a part of Ward 7 effective August 1, 1998. Councilman Cramer seconded the motion. Motion was approved 7-0. July 6, 1998 meeting - continued (E) Annexation of Unincorporated Island #2 - Oakdale Road/Oakdale Court/Oak Drive Mr. Smith stated this is a 16.52-acre tract on Oakdale Road/Oakdale Court/Oak Drive and the seventeen property owners in the unincorporated island have been notified of the public hearing tonight. Mr. Smith stated if the annexation is approved the island will become a part of Ward 7 effective August 1, 1998. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to comment on the proposed annexation. Mayor Bacon recognized Wendell Fowler owner of one property in the island. Mr. Fowler asked what percentage of owners signed the first letter mailed to property owners asking them if they were interested in being annexed into the city. Mayor Bacon responded none of the owners signed but that is not actually a requirement. Mayor Bacon stated the first letter was to ask the property owners if they wanted to be annexed into the city and offered them the opportunity to voluntarily be annexed. The second letter was an official notification that under Georgia Law properties constituting an island could be annexed. Mr. Fowler stated he is opposed to the annexation. Mr. Fowler asked about the zoning of the property as he has used it in the past for electrical contracting and trucking businesses. He stated it is zoned residential in the County but feels the business use should be grandfathered. Mr. Fowler then asked about sewer service on the property. Mr. Fowler was asked to contact the City Engineer with his questions concerning sewer service. Councilman Wood stated the property would be brought into the city at the legal zoning and whatever the legal use is under the current zoning is what the zoning will be in the City of Smyrna. Councilman Wood made a motion that the annexation of Unincorporated Island #2, Land Lots 687 and 688 - Oakdale Road/Oakdale Court and Oak Drive, 16-50 acres, be approved and become a part of Ward 7 effective August 1, 1998. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Rezoning Request - 11.644 Acres at East/West Connector and Highlands Ridge Road from Light Industrial to General Commercial; Land Use change from Industrial Compatible to Community Activity Center Mr. Smith stated the applicant, Richard Vaughn on behalf of Highlands Industrial Park, is requesting the rezoning in order to develop a convenience store/gas station and future General Commercial uses. He further stated the Planning and Zoning Board heard this request on June 8 and approved both the rezoning and the land use change unanimously. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition. There was no opposition. Councilman Wood asked Mr. Vaughn to briefly explain his plans for this property. Mr. Vaughn stated the property was an internal lot but as a result of the East/West Connector it has now become an out parcel, commercial frontage lot. Mr. Vaughn stated he feels the land use has changed and Quik Trip has approached the Highlands Park and would like to buy a 1-'/z acre out parcel on the corner of the East/West Connector and Highlands Ridge Road. He further stated this is currently the only planned land use for the property but in order to do this 'the entire property has to be rezoned to a general commercial use. He stated there are currently no plans for the balance of the land but hope to continue the development there with some type shopping center or restaurant and possibly a day care center. Councilman Wood stated this property is currently zoned Light Industrial and is located on the southwest corner of Highlands Ridge and the East/West Connector and the current land use for the property is Industrial Compatible and the general commercial designation would require the land use to be Community Activity Center. Councilman Wood asked about the ingress/egress indicated on the plan as being from Highlands Ridge and not the Connector. Mr. Vaughn responded that was correct. Councilman Wood asked about the two cuts shown on the plan - one for a right in/right out cut and further away from Highlands Ridge another that will serve the area they will be developing behind this location. Mr. Vaughn responded that was correct. Mr. Wood stated there were concerns about the close proximity of the first cut to the East/West Connector in terms of distance and would want the City Engineer to review that and work with Mr. Vaughn and the purchaser of the property to ensure adequate sight distance for the safety of the people using the property. Mr. Vaughn stated he felt sure the engineers from Quik Trip would be working very closely with the City Engineer Ken Hildebrandt. Councilwoman Capilouto asked approximately how far the curb cut would be from Highlands Ridge. Mr. Vaughn responded there will be a private drive that will go behind the Quik Trip site and will serve Quik Trip as well as the other parcel, an "L-shaped" piece of land that will July 6, 1998 meeting - continued still have a small amount of frontage on the Connector and the majority of it will be back behind and will have some frontage along Highlands Ridge Road. Ms. Capilouto asked if there is any curb cut on the Connector and Mr. Vaughn responded that was correct and they are restricted to the existing intersection that is there now. Mr. Vaughn indicated he believes the entrance will be approximately 100 to 125 feet from the intersection of the East/West Connector going southerly along South Cobb Drive and the one behind the building is approximately 250 feet. Councilman Newcomb asked what structures are currently on the 11.644 acres being proposed for rezoning. Mr. Vaughn responded there are no structures on the property. Mr. Newcomb asked about the Kids R Us structure. Mr. Vaughn responded they are hoping to place this in the "L-shaped" property and the East/West Connector would be the rear yard and it will front on the access street they are developing. Mr. Vaughn stated they are not under contract with Kids R Us but they have expressed an interest in buying the site. Mr. Newcomb asked if any future interested parties would use the entrance behind the Quik Trip and Mr. Vaughn indicated they would and there would no additional requests for curb cuts on Highlands Ridge Road. Mr. Newcomb asked about the zoning and land use designations on the property abutting the 11.644 acres. Mr. Vaughn responded that the land to the west is a creek and undevelopable piece of real estate and probably three or four acres along the East/West Connector that he does not owned but is owned by a resident on Mavell Road on the north side of the connector and to the east is another piece of industrial property which will probably be a shopping center or something like that one day. Mr. Vaughn stated to the north on the other side of the connector is also zoned light industrial and it probably will have some other land use attached to it. Councilman Wood stated all the land off Highlands Ridge is zoned Light Industrial and the land use is industrial compatible. Mr. Newcomb asked if this rezoning would create incompatibility between the other properties? Mr. Vaughn responded the only remaining property to the east is the only one with the potential of having another zoning designation and it is the counterpart of this site - the reciprocal on the other side of Highlands Ridge Road that fronts along the connector. He stated the same circumstances exist in that they can not enter the connector by virtue of the Cobb County D.O.T. not allowing that to happen. He further stated there may be another driveway across from the driveway they are requesting on Highland Ridge Road on the 13-acre tract (north of Airborne). Councilman Lnenicka stated he supports Mr. Vaughn's request and appreciates what they have done at the Highlands Park. Mr. Lnenicka stated he was concerned about the distance from the intersection and cars making left in/left out and how much sight distance people have as they come around the corners and asked that he work with the City Engineer to help design a safe intersection. Councilman Wood made a motion that the rezoning request of Richard W. Vaughn to rezone the 11.644 acres at East/West Connector and Highlands Ridge Road from Light Industrial to General Commercial be approved with the following stipulation - with respect to transportation issues, ingress/egress, sight distance, the final decision be approved by City Engineer Ken Hildebrandt. Councilman Lnenicka seconded the motion. Motion was approved 6-0-1 with Councilman Newcomb abstaining. Councilman Wood made a motion to approve the land use change from Industrial Compatible to Community Activity Center consistent with the City of Smyrna's Land Use Plan. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (G) Amend Section 901 (1) of Zoning Ordinance - Lighting Requirements Mr. Smith stated through the efforts of the Community Development Department and the Community Development Committee the commercial parking lot standards have been reviewed. He further stated that based on the recommendations of Georgia Power and several other power companies, the recommendation is to change the foot-candle requirements from 3.0 to 2.0 feet and the section requiring existing commercial lots to be changed to be stricken from the ordinance - Section 901, subsection (i). Mr. Smith stated this is the first reading of the proposed amendment. Mayor Bacon stated this is a public hearing and action will be taken at the council meeting scheduled for July 20, 1998. Councilman Hawkins stated if anyone is interested in reviewing the document, it will be available in the office of the City Clerk. July 6, 1998 meeting - continued FORMAL BUSINESS: (A) Validate Petition to Annex 1.08 Acres at Cooper Lake Road at Civitania Road Councilman Wood stated Margaret B. Long has presented the city with a petition requesting the annexation of a 1.08-acre site on Cooper Lake Road at Civitania Road (legal description below). He further stated this is the third phase of the annexation process for the entire parcel which was rezoned June 22, 1998 to RAD Conditional for the development of 60 single family homes. Councilman Wood made a motion to validate the petition to annex this property and set a public hearing date for July 20, 1998. Councilman Lnenicka seconded the motion. Motion was approved 7-0. All that tract or parcel of land lying and being in Land Lot 319 of the 17' District, 2' Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the southeast corner of Land Lot 319, said corner being the common corner to Land Lot 319, 320, 329 and 330; thence North 00 degrees 10 minutes 54 seconds West, 195.00 feet to a point; said point being the TRUE POINT OF BEGINNING; thence South 89 degrees 49 minutes 06 seconds West, 150.00 feet to a point; thence North 00 degrees 10 minutes 54 seconds West, 334.92 feet to a point; thence South 73 degrees 38 minutes 14 seconds East, 156.48 feet to a point on the east line of Land Lot 319; thence along the east line of Land Lot 319 South 00 degrees 10 minutes 54 seconds east, 290.36 feet to a point; said point being the POINT OF BEGINNING; said tract or parcel of land contains 1.08 acres. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid Award (Bid #98039) - Landscaping Services Mr. Smith stated the landscaping for the Village Green and various other landscaping areas of the city was bid out recently through the Parks and Recreation Committee. He stated the bids are before the council tonight and the recommendation is to award Post Landscape an 18-month contract for areas 1-4 (Municipal Building, Library, Community Center, Village and its approach roads) at a cost of $70,291 and an 18-month contract be awarded to Williamson Landscaping for the Police Building for $24,240. Councilman Scoggins made a motion to award the 18-month contract for Areas 1-4 to Post Landscape Services and an 18-month contract to Williamson Landscaping for the Police Building only. Councilman Cramer seconded the motion. Motion was approved was approved 7-0. (B) Bid Award (Bid #98036) - Contract for Comprehensive Retirement Plan Actuarial Study Mr. Smith stated four bids were returned for review for a Comprehensive Retirement Plan Actuarial Study through the Purchasing and Human Resources Committee. He further stated the recommendation from the Human Resources Committee is to award the bid to The Segal Company. Mr. Wood stated upon approval of the bid award, the study will commence July 15, 1998, and be completed by September 15, 1998, for presentation to Mayor and Council. He further stated The Segal Company will conduct the study of the city's current retirement plan and based on these findings will prepare practical recommendations for new retirement plan options and alternatives. He stated the study will include the following: a thorough evaluation of the current plan and will consider plan eligibility and participation rules and the main focus of the evaluation will be upon the ability of plan participants to maintain their standard of living into their retirement years; will consider the benefits being paid to recent retirees as well as expected benefits for future retirees; will assist the city in developing retirement goals based on income replacement ratio; will pinpoint significant findings and explore pension plan alternatives; will consider the current actuarial assumptions and comment on each one as it relates internally to other plan assumptions as well as externally to assumptions used by similar pension plans; will consider current actuarial methodology in light of public plan practices and July 6, 1998 meeting - continued in light of recent criteria established by Government Accounting Standards Board; will consider options available to employees and present ideas to expand the employees choices under the plans; will identify provisions to ensure the city's fiscal responsibility in such a plan. Councilman Wood made a motion to award the contract for Comprehensive Retirement Plan Actuarial Study to The Segal Company for a total cost of $35,000. Councilman Cramer seconded the motion. Councilman Hawkins stated he is glad to see the city move forward on this issue. Councilman Lnenicka stated he is also glad to see the city move forward on this issue and stated there has been a feeling for some time that perhaps the city could do better in terms of retirement benefits. He further stated the city wants to encourage the best employees to stay with the City of Smyrna and have a long career here and allow the city to take advantage of their knowledge and expertise to serve the citizens. Mayor Bacon stated this study is a direct result of the annual retreat held last January. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of June 22, 1998, Minutes (B) Approval to Use Council Chambers July 9, 1998, From 7:30 to 9:30 p.m. for Ward 6 Meeting (C) Approval to Request Bids - New Holland Skid Loader with Attachments (D) Approval to Request Bids - Ford F250 Pickup Truck (E) Approval to Request Bids - High Density Filing System (F) Approval of Agreement with Department of Natural Resources - Grant Funding of $7,500 from Recreation Assistance Fund (G) Approval to Request Bids - Electrical Work for Senior Citizen Pavilion at Church Street (H) Approval to Use Council Chambers - Wednesday, July 15, 7 - 9 p.m. - DDA/DDA Task Force/Residents of Village Green Meeting (I) Authorize the Mayor to Sign and Execute Agreement with Cobb County Board of Education to Use Storage Building Located at Campbell Middle School (J) Authorize Mayor to Sign Documents for approval for the Fire Department to Participate in Rescue Vision Program Councilman Lnenicka made a motion that the Consent Agenda be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Mayor Bacon stated he has received several calls and comments from citizens concerning the local cable TV services and problems. Mayor Bacon stated Vista Broad Band Communications now owns the cable service and Mr. Neil McHugh is the owner. Mayor Bacon stated he has talked with Mr. McHugh about the problems and indicated he has been very responsive to those problems. Mayor Bacon stated the problems with the cable service began with the heavy electrical storm the week of June 15 as well as the heat and power surges experienced this summer. Mayor Bacon stated the cable company has done some major repair work in the affected areas and he is confident the problems will be eliminated. Mayor Bacon expressed his condolences to the family of Jim Lewellyn who passed away July 3. Mayor Bacon stated Jim and Helen Lewellyn and their family owned Old South Barbecue and has operated in the City of Smyrna for about 30 years. Councilman Lnenicka reminded the residents of Ward 6 of his meeting scheduled for July 9 at 7:30 p.m. He stated the purpose of the meeting is to discuss some proposed rezonings for subdivisions on Atlanta Road and stated John Wieland Homes will have representatives at the meeting. He stated John Wieland Homes has a proposal to purchase about 20 acres on the back of the Brawner's Hospital and expand their subdivision and build some fifty homes depending on exact plans and configurations. He also stated Mr. Harris Simpson and Chris Weathers will be at the meeting to discuss their plans to purchase and rezone the Rust property, directly across from Campbell Middle School between Slice of Heaven Pizza on the north side and Campbell Villa Apartments on the south side - about 4.75 acres. He further stated the property is currently zoned commercial but they are requesting to rezone it to residential for the purpose of an 18 or 19 home subdivision with starting prices of approximately $350,000 with the primary entrance off Atlanta Road. Councilman Lnenicka stated he has also had an inquiry from the Old Vinings Mill Subdivision off Cooper Lake Drive about a Cobb County rezoning sign at the corner of Cooper Lake Drive July 6, 1998 meeting - continued and Atlanta Road. Councilman Lnenicka stated that property is in unincorporated Cobb County and outside the city limits. Mr. Lnenicka stated this proposed rezoning goes before the county Planning Commission at 9:00 a.m. on July 7 for a recommendation from the planning commission and will then go before the Board of Commissioners for a hearing and zoning vote at 9:00 a.m. on July 21. Councilman Lnenicka then read a letter of commendation for Frank Adams, Smyrna Recycling Center. Councilman Lnenicka thanked the American Legion Post 160 for their help with the American flags that were flying over the July 4' holiday and the city's public works employees who worked to erect the flags. Councilman Lnenicka announced there is a new format to the water bills that will be mailed for the August billing. He stated he hoped the bills will be easier to read and understand. Councilman Lnenicka welcome the new purchasing agent, Jack Millet, who began working with the city this month. Councilman Cramer announced he will be holding a Ward 5 meeting in the near future and a flyer will probably be mailed with the August water billing. Councilman Cramer expressed his condolences to the Lewellyn family. Councilman Hawkins extended his condolences to the Lewellyn family. Councilman Hawkins stated he will be mailing a letter to the residents of Fraser Street informing them of a meeting regarding the speed humps on their street. Councilman Scoggins read a press release honoring the Smyrna Little League team that recently won the championship. He stated the team is composed of 7 and 8-year-old players. Councilman Newcomb stated the Human Resources Committee is on the verge of reporting out the promotional procedures for promotions in the Fire Department. Councilman Newcomb reported Spring Road is nearing completion and the lights will all be on soon and synchronized and the landscaping will begin as the weather permits and will be a multi -year project. Councilman Newcomb asked about the possibility of asking staff to make changes to the rezoning and land use change documents to include what the zoning and land use categories are for the properties surrounding the property scheduled for rezoning. He then asked if on the petitions for annexation, if it would be possible to list the owners of the property on the form and even consider a certification from the City Engineer similar to other documents that as far as he knows the property meets all the requirements. Mayor Bacon asked if this should be a function of the City Engineer or the Annexation Coordinator. Councilman Newcomb stated he felt the Annexation Coordinator would probably be the one to certify. Councilwoman Capilouto announced she is having a Ward 1 meeting at 7:30 p.m. on July 15 at the Community Center. City Clerk Melinda Dameron mentioned sample ballots are available at City Hall and the library as well as applications for absentee ballots for the July 21 primary. Mayor Bacon stated Lamar Dickson passed away June 27 and expressed his condolences to the family. Mayor Bacon recognized Representative Frank Bradford. Mr. Bradford thanked the Mayor and Council for the opportunity to speak. Representative Bradford expressed his condolences to the Lewellyn family. He then thanked his supporters in his campaign for re-election. He stated he is seeking re-election and asked for the vote of the constituents. July 6, 1998 meeting - continued ADJOURNMENT With no further business, the meeting adjourned at 9:45 p.m. VPP- 40FO."PPORN A. MAX BACON, MAYOR VJ 'en JA--;� CHARLENE CAPILOU O, WARD 1 j l WAfZD 5 ) I a /� e-'ejow-4 CHARLES PETE WOOD, WARD 7 CLERK RON NEWCOMB, WARD 2 0". "I , " Z,--;,