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12-15-1997 Regular MeetingDecember 15. 1997 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, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Human Resources Director Mary Ann White, City Engineer Ken Hildebrandt, Community Relations Director Maryclaire Andres, and representatives of the press. Invocation was given by Reverend Rick Carroll, Bethel Baptist Church, followed by the pledge to the flag. Mayor Bacon recognized Mr. Charles Kendrick, Urban Land Institute, who presented the 1997 Award for Excellence to the elected officials. The city was awarded the prize based for the redevelopment of the downtown area. Mr. Kendrick gave a brief history of the ULI and the awards selection process. Mr. Kendrick also showed a video spotlighting Smyrna and of Mayor Bacon accepting the award in New York last month. Mr. Kendrick commended the Mayor and Council for their foresight and planning. Mayor Bacon thanked Mr. Kendrick for attending the meeting and expressed his appreciation to the citizens of the community for their support of the project. Mayor Bacon asked Jack Cramer to make a presentation to the members of the "Keep Smyrna Beautiful" Commission. Mr. Cramer presented Frank Adams with the national "Keep America Beautiful Chairperson's Award for Excellence." Mr. Cramer stated Mr. Adams was one of two persons to receive this award in the United States. Mr. Adams thanked the council for the award and stated this award is the result of a very cooperative coordinator working with a very fun, functional board and a very supportive city. Mr. Cramer then presented the Smyrna Keep America Beautiful with an award recognizing the Smyrna Commission for their "extraordinary efforts to create cleaner and healthier and more livable communities." Mr. Cramer presented the award to Ann Kirk, Keep Smyrna Beautiful Coordinator. Ms. Kirk then introduced her commission members and thanked them for their support and presented the award to them. Mayor Bacon recognized Councilwoman Capilouto who thanked the Mayor, council members and citizens for their thoughts, prayers and flowers during her father's recent illness. CITIZENS INPUT: Mayor Bacon recognized Leon Faulkner, 590 Wooddale Drive. Mr. Faulkner stated he has a large motor home with a 5 1/4 " ground clearance. He expressed his concern about the recently installed speed humps installed on Old Spring Road. He stated due to the low clearance of his motor home, he can no longer travel Old Spring Road when he leaves his home. He then asked the council to not install speed humps on his alternate route (San Fernando, Trailwood, Wooddale and Kennesaw Drive). He stated he wanted the council to be aware of his need to access his home and garage with his motor home. Mayor Bacon recognized Representative Frank Bradford who congratulated the city for receiving the awards presented tonight. PUBLIC HEARINGS: (A) Rezoning Request - Cooper Lake Drive (3.71 Acres) - From R-20, Single Family Residential to RAD Conditional, Single Family Residential Mr. Smith stated this rezoning, if approved, will require a land use change as well, with an annexation request following. Mr. Smith further stated Mr. Jason Lewis has requested the rezoning of 3.71 acres adjoining the Gates of Vinings on Cooper Lake Drive from R-20, Single Family Residential to RAD Conditional, Single Family Residential. Mr. Smith stated this property will join the Gates of Vinings and will make possible the development of 26 lots in the subdivision with an average lot size of 12,000 square feet. Mayor Bacon asked Mr. Lewis to come forward. Mayor Bacon then stated this is a public hearing and asked if anyone was present who wished to address this issue. Those persons came forward and were administered the oath by City Attorney Chuck Camp. Councilman Lnenicka asked Mr. Lewis to briefly describe the reason for the request and what he plans to do at the property. Mr. Lewis stated he plans a continuation of the development as seen in Phase I. Mr. Lewis stated they have not begun construction on any homes yet but have closed '/a of Phase I in sales and December 15, 1997 meeting - continued they are optimistic about Phase II being successful. He stated they have requested the rezoning and land use change for the plans submitted to the city for approval. He stated there are 3.71 acres and there has been some concern expressed by the neighbors that if all the property is utilized, he would be impacting their residences. He further stated the concern seems to be a retaining wall to be placed at the property line, in some manner taking down the trees, clearing the property, changing the existing elevation of the topography. He stated this is nothing more than an enhancement of the community. Mr. Lewis stated he will meet the standards of the city and state and will make the wall aesthetically attractive that everyone can live with and thoroughly enjoy. He stated if the RAD Conditional zoning is granted, the city will see nothing less than what has already been placed on the ground representing a significant commitment on behalf of himself and the staff members of the development at the Gates of Vinings. Councilman Lnenicka asked Mr. Lewis to describe the construction of the proposed retaining wall. Mr. Lewis responded they are looking at installing a versalock wall, which is the type wall currently being used on the property, but he is not committing to using that type of wall but the wall will be a masonry wall. He stated the primary difference in the retaining walls they are proposing and others considered to be acceptable in that area is that they will be using a masonry composite. He stated they have proposed to use the versalock wall but are finding that the prices have gone up so he did not want to commit to using that brand name wall. He stated he will commit to using a concrete, masonry wall or structure of some sort. He stated they will be removing an earthen dam on the property, which is part of an existing detention system that was used as a watering hole for livestock. He stated he is concerned, from a developer's standpoint, that there could be some culpability if they do not remove that earthen dam. He further stated the only large tree in the area sits on top of the dam. He stated after further review and after his meeting with Councilman Lnenicka recently, that tree does have to be removed. Mr. Lewis stated there is one 30-year old residence on the property now that will be removed. He stated the development will have approximately eight lots completing a total of twenty-five lots maximum density in the entire development. He further stated in order to eliminate the possibility of having a water shed problem, they are sloping and changing the elevation to shed the majority of the water back into the streets and back into his existing detention pond but not into Vinings Mill West complex. Mr. Lnenicka asked Mr. Lewis how far from his property line the wall will be placed. Mr. Lewis stated the maximum structure is to be ten feet high and ten feet off the property line. He stated the wall is scheduled to be approximately 150' long and with an average of five to six feet in height across the length of the wall. He stated in terms of aesthetics on the wall, with 150', it is not that big a wall. He stated they are going to replace an average caliper of one to two inch undergrowth and scrub trees with a new elevation of approximately ten feet above the lowest point currently in the draw on the property. Councilman Lnenicka asked Mr. Lewis what he would be willing to do to mitigate the effects of the wall with the neighbors. Mr. Lnenicka stated one of them had to do with landscaping on the Vinings Mill West side of that wall and what assistance he might give to the homeowners on that side. Mr. Lewis stated as they go forward with continuing the planning, they are agreeable to placing some Lelands or something to that effect in front of the wall — which he noted is the back of his wall and has no impact on him. He stated this is an effort to be a conscientious neighbor. They have offered to assist in the planting effort. He stated he has offered to the residents that feel this impact negatively, that if they want to purchase the materials while he has the tree spades and heavy equipment on site they would be willing to put the holes in the ground and help them in getting them planted appropriately. He stated he is deeply concerned that this would be misconstrued as slashing of the neighborhood, taking the trees down or anything of that nature, and particularly considering they have stood before this council on several occasions in an effort to save trees in the community. He stated he felt it was important to note that with the total development area of nearly twelve acres, they have saved more than 60% of the original trees on the project. He stated they are certainly more into saving trees than removing them. Councilman Lnenicka asked Mr. Lewis if he would be willing to agree to a stipulation that he would be willing to plant for these owners Leland cypress or other trees or shrubs that they would buy along the wall. Mr. Lewis responded if they want to provide them, he stated he would be glad to plant them. Mr. Lnenicka stated they had also talked about a drainage pipe in a retention area that is on the property line of Mr. Kaye and Mr. Phillips that perhaps could be filled in with Mr. Lewis' assistance in doing that. Mr. Lewis stated he had referred to his engineer, Mr. Chapman, and had been advised that this drainage pipe could not be filled in due to the potential water through that draw. He further stated that the 3.71 acres is currently drained through that draw even though they will be changing the elevation and sloping the majority of the water away, he does not want to accept that liability. He stated if his engineer runs the numbers on it and accepts the full liability, he will be willing to work with him if they have extra dirt to assist him. Mr. Lewis further stated he did not want to accept that liability personally. Mr. Lnenicka then asked if other than the liability, would Mr. Lewis be willing to provide the dirt and the equipment to install a ground -level drain down to the drainage pipe and easement. Mr. Lewis stated when they have the equipment on site, all of the neighbors around the project, have found him to be very agreeable. He stated there are certain times that you just need heavier equipment. He stated they will have equipment on site and there is probably three loaders full of dirt there and he would certainly be agreeable to do that. Mr. Lewis showed pictures of a retaining wall currently in place in the Vinings Mill West complex. He stated the wall is acceptable to Cobb County standards and consists of 6'x 6' pressure treated December 15, 1997 meeting - continued timbers stacked to a total of nearly twenty feet tall and terraced off with forty feet between actual proposed structures. He stated another alternative to them would be nothing less than what their neighbors have done and that is to erect a wood wall, wood fence, more plantings on their behalf but further stated he did not want an undue burden placed on him unfairly. Mr. Lewis then presented a picture indicating the property line that is in question. Mr. Lewis indicated on the picture the string that denotes the property line and further stated the wall is proposed to be ten feet off that line. He stated he placed yellow flags on the property recently to better mark the area. Mayor Bacon recognized Eric Tresh, 4257 Millside Walk, in Cobb County. Mr. Tresh spoke in opposition to the annexation. Mr. Tresh stated there are a couple of problems with the property. He indicated per Cobb County there is an existing 10-foot setback rule on the property between what is on Mr. Kaye's and Mr. Phillip's property and what will be Mr. Lewis' property. He further stated the ten -foot setback line is made up of trees and under Mr. Lewis' proposal would be removed. He also expressed his opposition to the proposed concrete wall. Mr. Tresh stated he felt there were more aesthetically pleasing ways to build the wall and suggested it be built behind the ten feet of trees on the property. Mr. Tresh further stated when he and the other homeowners bought their property, they were told there would be a ten -foot buffer between their property and adjoining property and they paid a premium for the lots on the outer perimeter of their development. Mr. Tresh then asked Mr. Lewis to obtain the permission of the adjoining property owners before he placed markers on nearby property or took pictures from nearby property. Mr. Lewis responded he had knocked on doors before going on those properties and no one answered the doors. He further stated he walked only on Mr. Brock's property and was never on Mr. Phillip's property. Mayor Bacon asked Mr. Tresh if he is opposed to the rezoning of this property. Mr. Tresh responded he is not opposed to the rezoning but felt all the items are related but is not opposed to the rezoning request. Mr. Lnenicka asked Mr. Tresh when he last talked with Mr. Kaye and Mr. Tresh responded the early part of last week. Councilman Lnenicka then stated he had left a message for Mr. Kaye last Friday and had received a voice mail message from Mr. Kaye mid morning today indicating he would not be present for the meeting tonight but that he thought he had basically worked out a number of these issues with Mr. Lewis and was not disagreeable to having this item move forward. Mr. Tresh stated his last conversation from Mr. Kaye was asking Mr. Tresh to represent him in his absence. Mr. Tresh stated he would like to see the ten -foot buffer maintained or a lot of landscaping in front of the proposed wall. Mr. Jason Lewis asked Mayor Bacon if it would be possible to have his landscape architect sworn in. Mayor Bacon stated that would be allowed but wanted to hear from the opposition first. Mayor Bacon recognized Dawn Tresh, 4257 Millside Walk, Cobb County. Ms. Tresh stated her property does not directly face the wall Mr. Lewis is proposing to build. Ms. Tresh stated her main concern is the loss of the 10-foot undisturbed buffer and the placement of the wall on the property line. Ms. Tresh stated she is also speaking on behalf of Mr. Brock. Councilman Hawkins stated Ms. Tresh repeatedly refers to Cobb County requiring a 10-foot buffer between homes and he informed Ms. Tresh that Cobb County does not have that requirement but the 10- foot undisturbed buffer may be a condition of her subdivision. Mr. Lewis responded it is the building line and not the buffer that has the 10-foot requirement. Mr. Lewis stated that according to Cobb county and the letter of the law he would be allowed to place a wood fence of any height two inches off the property line which Ms. Tresh's developer chose to do. Councilman Lnenicka stated according to his research, there was a requirement for a 10-foot buffer on the exterior border of the property at Vinings Mill West. Mr. Tresh stated there is a recorded easement on the plat filed with Cobb County that is a 10-foot buffer area. Mr. Lewis stated he is building something different from the developer of Vinings Mill West. He further stated the property in Vinings Mill West was so heavily wooded that when the developers went onto the property they mass graded a rolling terrain to put in building lots there. He then asked Ms. Tresh if he has to adhere to a 10-foot buffer, why Mr. Kaye's sod is twenty feet on his property? Mr. Lewis then stated if he adheres to a 10-foot building line, non -disturbance area there is nothing to disturb. He then pointed to the line stretched across the property tied from survey stake to survey stake. He further stated this was pulled not only by his surveyor but also the surveyor of the adjoining property. He stated the wall he is proposing is a concave wall which adds strength. He further stated at the maximum point, it is ten feet high and ten feet from the property line at the mid point. He stated in order to save the trees that they can save, they reserve the right to build a serpentine wall. Mr. Lewis further stated the trees the property owners in Vinings Mill West paid a premium for are actually his trees on his property. Mayor Bacon recognized Curt Phillips, 4251 Millside Walk, Cobb County. Mr. Phillips stated his property is adjacent to the property Mr. Lewis purchased and the wall will be directly behind his home. He further stated he understands it will be as close as three feet from the property line. Mr. Phillips stated he just wanted to state publicly he agrees with everything expressed by Mr. Tresh. Mr. Phillips stated it December 15, 1997 meeting - continued was his understanding that in reference to the 10-foot undisturbed buffer zone the Cobb County Zoning Board required a 10-foot undisturbed buffer area at the edge of their subdivision bordering the other property. He stated he feels they will be losing the 10-foot non -disturbed zone inside Mr. Lewis' property line. Mr. Phillips stated he is opposed to the annexation and the development. He asked the council if the rezoning is approved, he would like the city to require Mr. Lewis to landscape between the wall and the property line. City Attorney Chuck Camp administered the oath to Manley Lewis, landscape architect for Mr. Jason Lewis. Mr. Lewis stated he has designed tens of thousands of acres of land in several states and he has never been required to put an easement on someone else's property. He further stated the 10-foot buffer the homeowners have been discussing has been on their property, not Jason Lewis' property. Mr. Lewis stated the wall is not going to be a 10-foot wall 150 feet long. He stated on Mr. Phillip's property the wall will probably be no more than two feet tall, with the highest point being less than ten feet. He stated the wall will be low profile and will be landscaped. He stated it is his job to preserve trees. Manley Lewis then stated the wall will be thirteen feet off the property line not three feet off the line. He stated the average height of the wall will probably be less than six feet and only at the peak will it possibly be ten feet tall. Councilman Lnenicka asked Mr. Manley Lewis for the people on the downhill side of the wall, what could be done to screen the wall with vegetation so as not to make it so harsh in appearance. Mr. Lewis responded that any of those people have the right to come to their property line and build a six or seven - foot fence totally the length of their property line at any time they desire. Mr. Lewis stated they will plant the wall and have been negligent so far and have brought in truckloads of plants to their site. Mr. Lnenicka asked again what Mr. Manley Lewis and Jason Lewis could do to visually screen that wall. Mr. Jason Lewis stated they had already proposed to plant ivy, which will wander itself across the wall and in a few years the wall will not even be seen. Mr. Jason Lewis stated he will put plants behind the wall, probably Leland cypress. He further stated he would not guarantee this council anything that he would not keep his word on. He then asked to council to go forward with his request on the grounds that he is doing what he has said he will do, the wall will meet all legal standards and there is no reason the governing body should have to be involved in forcing them to do what they are already doing. Councilman Lnenicka thanked everyone for attending the meeting tonight. Mr. Lnenicka stated there are three items on the agenda pertaining to this property - the rezoning, the land use change if the rezoning is approved and the annexation request. Councilman Lnenicka stated he felt it is in the best interest of the community to have residential property on Cooper Lake Drive. Councilman Lnenicka made a motion to approve the rezoning request by Jason Lewis for the 3.71 acres adjoining the Gates of Vinings on Cooper Lake Drive from R-20, Single Family Residential, to RAD Conditional, Single Family Residential with the following stipulations: 1. The retaining wall discussed (behind Ms. Lessman's, Mr. Kaye's and Mr. Phillips' property in Vinings Mill West) be either a versalock or concrete masonry style wall and not a wood wall. 2. Landscaping be provided above and below the wall to visually screen or break up the solid appearance of the wall and assistance given, if requested, on the planting by the homeowners in Vinings Mill West at the time the wall is constructed and equipment is there. He further stated the assistance granted with planting materials that those homeowners wish to also purchase and plant on their property or on Mr. Lewis'. He stated if they buy it and Mr. Lewis is willing to plant it, he thought that was a great offer. 3. If Mr. Lewis can be absolved of liability for putting in a surface drain on the property line and detention area that is on the line between Mr. Kaye and Mr. Phillips' house for taking out the current structure and putting in a ground drain and filling in that hole on their property, while Mr. Lewis has the equipment on site and the dirt available, that Mr. Lewis will also do that. Councilman Lnenicka asked Mr. Lewis if those stipulations were agreeable with him. Mr. Lewis responded on the last point, he wanted it clear that he will be providing the dirt but would not be providing approval of the county nor would he be accepting any kind of liability. Mr. Lnenicka stated Mr. Lewis would be providing the dirt, equipment and labor. Mr. Lewis stated Mr. Kaye would be putting in the pipe and he would be filling it in. Mr. Lnenicka stated Mr. Kaye would be responsible for the materials, permits, any easements and liability. Mr. Lewis stated on the development side they would be happy to agree to all the stipulations and will use a masonry wall with the caveat that it is a concrete masonry wall but he does not know what manufacture type yet. Mr. Lewis stated they will landscape above and below the wall to the standards that have already been met on the project. He stated with respect to Mr. Kaye's yard with expressed concern about him being on that property without permission, he did not want that issue to come up again. He stated he will be glad to put dirt in a hole if Mr. Kaye has all permits and the city officials approve it. Mr. Lewis then asked the Public Works Department to approve that he is not doing anything to change the water flow. Mr. Lnenicka stated Mr. Kaye will have to obtain all the necessary permits from Cobb County and engineering as necessary to satisfy the requirements. December 15, 1997 meeting - continued Councilman Newcomb seconded the motion. Motion was approved 7-0. Ms. Tresh thanked the mayor and council for the compromise reached tonight and stated they are very satisfied with the decision reached tonight. (B) Land Use Change - Cooper Lake Drive (3.71 Acres) From Industrial Compatible to Low Density Residential Mayor Bacon stated this is a public hearing and asked if anyone was present to address the issue. There was no opposition. Councilman Lnenicka stated this is a change on the Future Land Use Map and the property is currently is planned for Industrial Compatible and with the rezoning just approved, made a motion the land use plan be amended from Industrial Compatible to Low Density Residential. Councilman Newcomb seconded the motion. Motion was approved 7-0. (C) Annexation Request - Cooper Lake Drive - Land Lot 622 (3.7732 Acres) Mayor Bacon stated this is as public hearing and asked if anyone was present in opposition to the annexation of this property. There was no opposition. Councilman Lnenicka stated Mr. Jason Lewis has requested annexation of 3.7732 acres in Land Lot 622 on Cooper Lake Drive. Councilman Lnenicka made a motion this property be annexed into the City of Smyrna to become a part of Ward 6 with an effective date of January 1, 1998. Councilman Newcomb seconded the motion. Motion was approved 7-0. (D) Variance Request - 3180 Atlanta Road - Reduce Sign Setback from 15 Feet behind Right of Way to 1 Foot Behind Right of Way Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Lnenicka asked Mr. Mitchell Klopper, representing Sasona, LLC, to come forward. Mr. Klopper presented a picture of the proposed site of the sign. Mr. Lnenicka stated there are actually two requests for this property location - to reduce the sign setback distance and to increase the square footage of the sign. Councilman Lnenicka stated he and Mr. Klopper have met and discussed these requests and have agreed that the size of the sign variance is no longer necessary at this point. Councilman Lnenicka further stated they have agreed that a four foot variance from the right of way will provide adequate sight distance and for the safety of the motorists. Mr. Lnenicka stated this four foot distance is the same as was granted to Mr. Wieland for his development sign next door to this property. Mr. Mopper stated the reason the variance is requested is to preserve the trees on the property line and if the sign were placed the required 15 feet from the right-of-way line, it would necessitate the removal of the trees to allow sight from northbound traffic on Atlanta Road. Mr. Klopper stated the sign will be a monument style sign, four feet by eight feet and advertise the street name and name of a medical practice (psychiatry and neurology). Mr. Lnenicka stated there is plenty of visibility traveling southbound on Atlanta Road but due to the curve and the tree when motorists are traveling northbound the visibility is limited. Mr. Wood stated the building for this practice is just south of the Brawner buildings. Councilman Lnenicka asked City Attorney Camp if Mr. Klopper is allowed to withdraw his variance request for the sign size at this time. Mr. Camp stated he may withdraw the request if he is satisfied with the sign allowed under the ordinance. Mr. Camp stated if the request is withdrawn, it may not be brought back before council for one year. Mr. Lnenicka asked Mr. Klopper if he wished to withdraw his variance request to increase the sign square footage from 32 feet to 48 square feet and Mr. Klopper responded he would like to have it tabled. Councilman Lnenicka made a motion to approve the variance request at 3180 Atlanta Road to reduce the sign setback from 15 feet behind the right of way to 4 feet behind the right of way within the Atlanta Road Urban Design District. Councilman Wood seconded the motion. Motion was approved 7-0. December 15, 1997 meeting - continued (E) Variance Request - 3180 Atlanta Road - Increase Sign from 32 Square Feet to 48 Square Feet Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition. There was no opposition. Councilman Lnenicka made a motion the variance request at 3180 Atlanta Road to increase the sign from 32 square feet to 48 square feet be tabled indefinitely. Councilman Wood seconded the motion. Motion was approved 7-0. (F) Alcoholic Beverage License Request - New Agent - Retail Pouring of Beer and Wine - Amnart Caf6 - 350 Pat Mell Road Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Cramer stated the applicant has requested this item be tabled to the January 5, 1998, council meeting. Councilman Cramer made a motion to table this request for an alcoholic beverage license for retail pouring of beer and wine to the January 5, 1998, meeting. Councilman Lnenicka seconded the motion. Motion to table was approved 7-0. (G) Variance Request - 2138 Berryhill Circle - Reduce Rear Yard Setback from 40 Feet to 30 Feet Mr. Smith stated this request is due to a screen porch that was built on the rear of the house at 2138 Berryhill Circle. He further stated the home in Paces Lake Subdivision is under construction and has been sold. Mr. Nick Williams, representing Rose Homes, came forward. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Wood stated there is only one adjoining property owner at 2136 Berryhill Circle and the resident, Mrs. Hendrick, has signed a letter stating she has no objection to the rear yard setback being changed from 40 feet to 30 feet. Mr: Wood further stated the property abuts Mavell Road and behind the property is a detention pond on the other side of the lot in question. Mr. Wood further stated the porch has been built and if the variance is granted there will still be a 30-foot rear yard setback. Councilman Wood made a motion that the variance request at 2138 Berryhill Circle to reduce the rear yard setback from 40 feet to 30 feet be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (H) Ordinance Amendment - First Reading - Section 801 - Increase Minimum Square Footage of Residential Structures Mr. Smith stated this is the first reading of the proposed Ordinance amendment to Section 801. He further stated the Community Development Department and Committee have reviewed the ordinance and due to the changes in building standards and size of structures feel this ordinance amendment is necessary. He stated this amendment will raise the minimum square footage requirements in the following classifications: R-30, R-20, R-15, $-12, RAD, RD, RD-4 and TD. Mayor Bacon stated this is a public hearing and asked if anyone was present to make any comment on the proposed amendment. There was no comment. Councilman Scoggins stated no action is required this evening. Councilman Scoggins stated this item will be heard at the January 5, 1998, council meeting at which time action will be taken. (I) Ordinance Amendment - First Reading - Appendix H - South Cobb Drive Urban Design Guidelines Mr. Smith stated this is a first reading to allow the addition of this area to the overlay districts that have been defined as the Atlanta Road Corridor and the Spring Road Corridor Urban Design Guidelines for the city. He further stated this district and Windy Hill Road district use the same comparable overlay standards that are being applied. Mayor Bacon stated this is a public hearing and asked if anyone was present to address this item and the Windy Hill Road Urban Design Guideline District. There was no one present to address either issue. Councilman Hawkins stated these documents will be on file in the City Clerk's office for review. Mr. December 15, 1997 meeting - continued Hawkins further stated neither of these amendments will affect existing structures but will apply to new construction in these areas. Councilman Scoggins stated this item will require official action at the January 5, 1998, council meeting. (J) Ordinance Amendment - First Reading - Appendix I - Windy Hill Road Urban Design Guidelines Mr. Smith stated this is a first reading to allow the addition of this area to the overlay districts that have been defined as the Atlanta Road Corridor and the Spring Road Corridor Urban Design Guidelines for the city. He further stated this district and South Cobb Drive Road district use the same comparable overlay standards that are being applied. Mayor Bacon stated this is a public hearing and asked if anyone was present to address this item. There was no one present to address this issue. Councilman Scoggins stated this item will require official action at the January 5, 1998, council meeting. (K) Business License Request - Pronto Taxi, 860 Cobb Parkway, #600, Marietta, Georgia Councilman Lnenicka stated this is the third time for this request to come before council. Councilman Lnenicka asked Chief Hook to read a recent report pertaining to this business request. Mr. Smith stated the city had received reports of illegal pick-ups in the City of Smyrna by Pronto Taxi, which is not licensed to do pick-ups in the city at this time. Mr. Smith stated Pronto Taxi is authorized to drop off passengers in the city but not to pick them up. Mr. Smith further stated the city police department conducted "sting" operations based on these reports. Mr. Lnenicka stated the City of Marietta had made a case against Pronto Taxi driver Mr. Carranza for "no insurance" and "fraudulent insurance" and a case is also pending in the Cobb District Attorney's office against Mojica Uriostegui for felony drug violations and operating a vehicle with a suspended drivers license. Mr. Lnenicka stated action on this request was tabled pending the outcome of those court cases both in Marietta and Cobb County. Councilman Lnenicka stated Mr. Urrutia had been told in each of the preceding meetings that until the license was approved he could not pick-up any passengers in the City of Smyrna. Chief Hook then read the report citing incidences on November 25,- November 26 and December 2 wherein Pronto Taxi had picked up fares in the City of Smyrna. Mr. Smith read from a recent memo from Captain Brack to City Clerk Melinda Dameron.... "according to the Marietta Police Department permits section, Pronto Taxi will be allowed to operate only until December 31, 1997." He further stated the city attorney has indicated Pronto Taxi's business license will not be renewed in 1998 in the city of Marietta. Mr. Smith further noted that no cases have been made against the owner of Pronto Taxi. Councilman Lnenicka asked Mr. Urrutia why he is operating in the city without a license despite repeated admonishments and warnings not to do so. Mr. Urrutia stated he understood that his company could not pick up fares in Smyrna but would be allowed to deliver fares to the city. He stated he had specifically ordered dispatch not to send anyone to the City of Smyrna to pick up fares and the only thing he could say is that it is unfortunate that he is not able to be there all the time and he understands that he was not allowed to pick up in Smyrna. Mr. Urrutia asked the council to understand that there are twenty families that depend on this business for their livelihood. Councilman Lnenicka stated everyone admires people who work hard and honest. He stated he could understand a rogue driver but stressed the dispatcher works for Mr. Urrutia. Councilman Lnenicka made a motion that the business license request for Pronto Taxi at 860 Cobb Parkway, #600, Marietta, Georgia be denied. Councilman Cramer seconded the motion. Motion to deny the license was approved 7-0. FORMAL BUSINESS: (A) Appointments to Planning and Zoning Board - Chairman, Wards 2, 3; 5, 6 Mayor Bacon suggested Hubert Black be re -appointed to serve as Chairman of the Planning and Zoning Board. Councilman Lnenicka made a motion to approve Hubert Black as Chairman of the Planning and Zoning Board. Councilman Newcomb seconded the motion. Motion was approved 7-0. Councilman Newcomb made a motion to re -appoint Betty Turley as the Ward 2 representative on the Planning and Zoning Board. Councilman Hawkins seconded the motion. Motion was approved 7-0. Councilman Scoggins made a motion to re -appoint R. J. McCurry as the Ward 3 representative on the Planning and Zoning Board. Councilman Newcomb seconded the motion. Motion was approved 7-0. December 15, 1997 meeting - continued Councilman Cramer made a motion to re -appoint Jim Smith as the Ward 5 representative on the Planning and Zoning Board. Councilman Lnenicka seconded the motion. Motion was approved 7-0. Councilman Lnenicka recognized Gina Bridges who has served as the Ward 6 representative but is moving out of the city. He thanked her for her active participation on the board. Councilman Lnenicka made a motion to appoint Don Mitchell as the Ward 6 representative on the Planning and Zoning Board. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Appointment to Parks and Recreation Commission - Ward 7 Councilman Wood stated Howard Betts has served on this commission for the past two years but due to time constraints asked not to be re -appointed. Councilman Wood made a motion to appoint Ton Sconzo as the Ward 7 representative on the Parks and Recreation Commission. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Appointments to Keep Smyrna Beautiful Commission - Wards 1, 3, 5 Councilwoman Capilouto made a motion to re -appoint June Wolf to serve as the Ward 1 representative on the Keep Smyrna Beautiful Commission. Councilman Newcomb seconded the motion. Motion was approved 7-0. Councilman Scoggins made a motion to re -appoint Sandi Sands as the Ward 3 representative on the Keep Smyrna Beautiful Commission. Councilman Cramer seconded the motion. Motion was approved 7-0. Councilman Cramer made a motion to re -appoint Betty Johnson as the Ward 5 representative on the Keep Smyrna Beautiful Commission. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (D) Validate Petition to Annex Property - Concord Road - Land Lots 169, 170, 191, 192, 241 and 242, 17'h District, 2' Section, Cobb County Councilman Wood stated Ms. Jane Lyle Wootton has requested annexation of 52.6 acres on Concord Road. Mr. Wood stated this is adjacent to the Concord Walk subdivision being built. Mr. Wood also stated at one point this property abuts the East/West Connector right of way. Mr. Wood stated an earlier rezoning and annexation request was submitted by Brad Thompson but has been withdrawn. Mr. wood stated a rezoning application is now pending by Bill G. Huff to allow development of 147 homes on this property. Councilman Wood made a motion to validate the petition to annex the property on Concord Road, Land Lots 169, 170, 191, 192, 241 and 242, and set a public hearing date for January 5, 1998. Councilman Cramer seconded the motion. Motion was approved 7-0. The legal description is as follows: Concord Road Tract: All that tract or parcel of land lying and being in Land Lots 169, 170, 191, 192, 241 and 242 of the 17' District, 2nd Section of Cobb county, Georgia and being more particularly described as follows: Beginning at the point formed by the intersection of the land lot lines common to Land Lots 192, 193, 240 and 241 run thence along the land lot line common to Land Lots 192 and 193 S890 18'W a distance of 55.01' to the True Point of Beginning; thence leaving said land lot line S01° 29'11" E a distance of 187.63' to a point; thence S43059'49" W a distance of 131.42' to a point; thence S01°29' 11"E a distance of 412.32' to a point; thence S88130'49"W a distance of 112.62' to a point; thence SO1°29' 11"E a distance of 205.00' to a point; thence N88°30'49"E a distance of 112.62' to a point, then S01029'11"E a distance of 419.68' to a point; thence S51°52'56"E a distance of 357.46' to a point on the Northwesterly right-of- way line of Concord Road (70' r/w); thence along said right-of-way line Southwesterly an arc distance of + 975' to a point; thence leaving said right-of-way line Northwesterly a distance of + 248' to a point; thence Westerly a distance of + 302' to a point; thence Westerly a distance of + 300' to Nickajack Creek; thence Northwesterly along said creek a distance of + 700' to a point on the Southern boundary of a 75' Colonial Pipeline Easement; thence leaving said creek line and along said pipeline easement Easterly a distance of + 80' to a point; thence leaving said easement line Northwesterly a distance of + 245' to a point; thence Northerly a distance of + 100' to a point; thence Northeasterly a distance of + 100' to a point; thence Northeasterly a distance of + 100' to a point; thence Northeasterly a distance of + 150' to a point; thence Easterly a distance of + 130' to a point; thence Northeasterly a distance of + 200' to a point; thence Easterly a distance of 119.5' to a point; thence Northeasterly a distance of 179.4' to a point; thence Northeasterly a distance of 731.4' to a point on the land lot line common to Land Lots 192 and 193; thence along said land lot line Easterly a distance of + 511' to the True Point of Beginning. December 15, 1997 meeting - continued Said tract being + 52.6 acres. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid #97052 - Copy Machine for Public Works Department Bid #97052 - Copy Machine for Fire Department Councilman Hawkins stated the Public Works Committee recommends the bid be awarded to the low bidder meeting specifications. Councilman Hawkins then made a motion that Bid 97052 for a replacement copier for the Public Works Department be awarded to Panasonic for a total delivered price of $5,025. Mr. Hawkins stated Panasonic was the low bidder meeting specifications. Councilman Cramer seconded the motion. Motion was approved 7-0. Councilman Newcomb stated the Fire Committee recommends the bid be awarded to the low bidder meeting specifications. Councilman Newcomb then made a motion that Bid 97052 for a copy machine for the Fire Department be awarded to Panasonic for a total delivered price of $5,025. Mr. Newcomb stated Panasonic was the low bidder meeting specifications. Councilman Hawkins seconded the motion. Motion was approved 7-0. (B) Bid #97054 - Turner Drive Sewer Main Councilman Hawkins stated the Public Works Committee recommends the bid be awarded to the low bidder meeting specifications. Councilman Hawkins made a motion the bid be awarded to Ardito Ditching and Pipeline Company for a total delivered price of $20,757.50. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Bid #97054 - Turner Drive Water Main Councilman Hawkins stated the Public Works Committee recommends the bid be awarded to the low bidder meeting specifications. Councilman Hawkins made a motion the bid be awarded to Ardito Ditching and Pipeline Company for a total delivered price of $19,280. Councilman Cramer seconded the motion. Motion was approved 7-0 (D) Bid #97054 - Camp Highland Water Main Councilman Hawkins stated the Public Works Committee recommends the bid be awarded to the only bidder meeting specifications. Councilman Hawkins made a motion the bid be awarded to Ardito Ditching and Pipeline Company for a total delivered price of $181,260. Councilman Lnenicka seconded the motion. Motion was approved 7-0 (E) Bid #97051 - Police Vehicle Councilman Newcomb stated the Police Committee recommends the bid be awarded to the low bidder meeting specifications. Councilman Newcomb made a motion the bid be awarded to Tidwell Ford for a 1998 Crown Victoria for the administrative division of the police department at a total delivered price of $19,256. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Bid #97048 - King Valley Water Line (King Valley at Vinings Sub -Division) Councilman Wood stated this is to provide water service to the King Valley at Vinings subdivision. Councilman Wood stated only one bid was received and made a motion the bid be awarded to the sole bidder, Ardito Ditching and Pipeline for a total price $9,300. He further stated this is an eight -inch water line. Councilman Hawkins seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of December 1, 1997, Minutes (B) Approval to Install "No Parking" Signs on Jay Lane/Ann Road (C) Approval to Use Council Chambers - December 16, 1997, from 7 - 9 P.M. for Neighborhood December 15, 1997 meeting - continued Meeting - Church Street Councilman Lnenicka made a motion the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Mayor Bacon wished everyone a Merry Christmas and a Happy New Year. Councilwoman Capilouto asked Chief Larry Williams for a report from the Fire Department. Chief Williams stated the radon tests are available at the Fire Station on West Spring Street and encouraged all residents interested in obtaining a test kit come by and pick one up. Chief Williams urged everyone to use extra care during the holiday season. Councilwoman Capilouto wished all the citizens of Smyrna a happy, healthy and safe holiday. Councilman Newcomb stated there is no report from the Police Department or Court Services Department this evening. Councilman Scoggins stated there is no report from the Parks and Recreation Department this evening. He then announced that Robin Broyles, Director of Community Development, is not here tonight due to illness in his family. He then read estimated construction costs for 1996 as being $61,904.71 and in 1997 the costs was $64,883.96. He commended their department for their efforts during the past year. Councilman Scoggins commended the Parks and Recreation Department for their senior trip to Calloway Gardens this past week. Councilman Hawkins asked Scott Stokes for a report on the Public Works Department. Mr. Stokes reported the changed sanitation pickup due to the holidays. He then stated the pickup for Olde Vinings Mill, Vinings Estates, Reed Place, Village on the Green and Kissing Tree will be December 24 and December 31 instead of their regular scheduled Friday pickups. Councilman Hawkins wished everyone a happy holiday and thanked the employees for their work during the past year. Councilman Cramer asked Ann Kirk for a report on the chipper program. Ms. Kirk reported the Christmas tree recycling program schedule will be January 3, 1998, at the Home Depot in Vinings and also at the Georgia Power Plant McDonough on South Cobb Drive. She stated both sites will be open from 9 a.m. to 4 p.m. to accept Christmas trees for chipping and give out 1500 seedlings to the first 1500 people wanting one. Councilman Cramer recognized Frank Adams who had remained for the entire council meeting. Councilman Cramer wished everyone a safe and happy holiday. Councilman Lnenicka recognized the Finance Department for their efforts this past year. Councilman Lnenicka thanked the entire staff for their assistance this past year. Councilman Lnenicka stated there has been some excitement in Argyle Estates during the past two weeks on the end of Ann Road on the cul-de-sac. He stated the city suddenly found construction equipment going off the end of Ann Road's cul-de-sac that was closed November 15, 1982, to do some sewer line installation on the property behind the Contino's, Lee's, and Stove's house. Councilman Lnenicka reported at one time barricades had been installed and a police officer was stationed there to stop it. He further stated the construction company came and got their equipment and by mutual agreement the barricade has been removed. He further stated approval was given tonight to install "No Parking" signs on Ann Road from Jay Lane to the cul-de-sac to prevent any construction crews from using that street to park and then cross private property to get back there. He stated the city is researching a lot of legal issues involved with the closing of the road and he also noted he has a meeting scheduled next week with the representatives of the owners to talk about and finally sit down face to face and hear exactly what is going on and what they want from the city and what the city can expect and maybe what the city can do to help them and work together rather than just suddenly find bulldozers operating off the residential streets. He stated he is optimistic that some good things can be done from just sitting down and beginning to talk face to face about things that are important to all of us. He stated he would keep the citizens apprised of that process as well as the Mayor and council. December 15, 1997 meeting - continued Councilman Lnenicka wished everyone happy holidays and encouraged everyone to be safe. Councilman Wood asked Mike Seigler for a report on the Library. Mr. Seigler reported Santa Claus came to the Library this year and his visit was a tremendous success. He stated 140 pictures of the children were taken and the event was funded and organized by the Friends of the Smyrna Library (FOSL). He then thanked the FOSL for their efforts. Councilman Wood stated he would like to extend best wishes to the city employees for a happy holiday season. He then thanked the employees for their efforts this past year. He then wished all the citizens a happy holiday season and a prosperous New Year. With no further business, the meeting adjourned at 10:02 p.m. 0 4� .0�eAr A. MAX BACON, MAYOR �h , CHARLENE CAPILOTJTO, WARD 1 CHARLES PETE WOOD, WARD 7 e, RON NEWCOMB, WARD 2 1I.%I 0] 0 1V.T/ CLERK