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08-05-2002 Regular MeetingAugust 5, 2002 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Chris Miller, Finance Director Claudia Edgar, and representatives of the press. Invocation was given by Father Gene of St. Thomas Catholic Church, followed by the pledge to the flag. MAYOR'S REPORT: Mayor Bacon announced the three agenda items pertaining to Madison Manor will be tabled indefinitely. CITIZENS INPUT: Mayor Bacon recognized Mr. Bill Lnenicka, who provided an update on the Veterans Memorial project. Mayor Bacon recbgnized Dr. Phil Gingrey, who discussed his candidacy. for the II'h Congressional District post. Mayor Bacon recognized Mr. Sam Olens, who discussed his candidacy for the Cobb County Commission Chair post. Mayor Bacon recognized Ms. Carrie Harris, who discussed her candidacy for State Courtjudge in Cobb County. Mayor Bacon recognized Mr. Al Bartell, who discussed his candidacy for Lieutenant Governor. Mayor Bacon recognized Mr. Terry Johnson, who reminded those present of the homestead exemption measure on the ballot on August 20, and discussed his candidacy for the State Senate. Mayor Bacon recognized Mr. Rob Clay, who discussed his candidacy for State House of Representatives for District 34, Post 2. Mayor Bacon recognized Mrs. Shelly Flanagin, wife of State Senate District 6 post candidate Jimmy Flanagin, who discussed his candidacy. Mayor Bacon recognized Ms. Mary Rose Barnes, who expressed concern about limited visibility of traffic signals on the East-West Connector. Council Member Lnenicka stated lie has been in contact with the City Engineer and requested him to coordinate with the appropriate authorities to correct the problem. PUBLIC HEARINGS: (A) Public Hearing for Proposed Property Tax Increase Mr. Wright stated the purpose of the hearing is to elicit input from the public regarding a proposed increase in property tax collections by the City of Smyrna. Mr. Wright stated a reduction in the millage rate from 10.10 mills to 9.85 mills is proposed. Mr. Wright stated that, although the millage rate will decrease, State law requires the action to be advertised as a tax increase if there is an expectation of increased collections because of property reassessments. Mr. Wright stated the proposed millage rate of 9.85 mills is necessary to maintain City services at current levels. Mr. Wright stated the next hearing on the proposed property tax increase will be on August 15, and the final vote on this matter will be tabled until August 19, 2002. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to Mr. Millis by Mr. Cochran. Mayor Bacon recognized Mr. Floyd Millis, residing at 1878 Wynridge Drive, who expressed his views regarding budgeting and expenditures. (B) Variance Request — Reduction in Required Building Separation Distance — Land Lot 487 - Madison Manor Townhomes* August 5, 2002 2 (C) Variance Request — Increase in Density from 8 Units/Acre to 9.4 Units/Acre — Land Lot 487 - Madison Manor Townhomes* (D) Rezoning Request — RM-12 to RAD Conditional - Land Lot 487, Madison Manor Townhomes — City of Smyrna* Mayor Bacon stated the three Madison Manor agenda items* will be tabled. Mr. Cochran stated that if these three items are placed on a future agenda, the subject property will be posted accordingly. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins stated the City staff still has various questions regarding the proposed changes at Madison Manor, and that any decisions at this time would not be appropriate. MOTION: Council Member Hawkins made a motion to table agenda items 4(B), 4(C), and 4(D) pertaining to Madison Manor indefinitely, and the motion was seconded by Council Member Scoggins. Council Member Lnenicka stated that information disclosed about this matter at the last Council meeting has brought about the decision to table these agenda items, and that this fact underscores the value of citizen input. Motion was approved 7 — 0. (E) Charter Amendment — Redistricting Plan of the Seven Wards of the City of Smyrna Mr. Wright stated the proposed map for the new wards for the City has been based on population changes during the last decade as indicated by the last census. Mr. Wright stated that the map is in compliance with State and Federal laws. Mayor Bacon stated this is the first of two public hearings on this matter, and that the next hearing will be on August 19, 2002. Council Member Wood stated that the reapportionment is based on population, and that each Ward should contain approximately 5,900 people. Council Member Wood stated the final vote on this matter is scheduled for September 3, 2002. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. (F) Approval of Annexation of Property - .41 Acre Tract, Land Lot 477, 17°i District, 2nd Section, Cobb County, Georgia on Cooper Lake Road near King Springs Road — Murriel Whitener Mr. Wright stated the subject property is a small tract earmarked for inclusion in a new subdivision in the area. Mr. Wright stated the application was validated at the July 1, 2002 meeting, and that advertising requirements for annexation have been met. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood stated the subject property has been rezoned and added to a new development at King Springs Road and Cooper Lake Road. Council Member Wood recognized Mr. Tommy Sweet of Old Cabin Trace Development (OCTD). Mr. Sweet stated the existing structure will remain on the property as an accessory building with the kitchen removed. MOTION: Council Member Wood made a motion to approve a request from Murriel Whitener for annexation of .41 acres at 1125 Cooper Lake Road, Land Lot 477, Cobb County, Georgia into the city limits of Smyrna in Ward 7 with an effective date of September 1, 2002. The motion was seconded by Council Member Lnenicka. Motion was approved 7 — 0. (G) Rezoning Request - .395 Acre Tract from R-15 (SFR) to R-15 Conditional - Land Lot; 664, Intersection of Teasley Drive and Argo Drive — Brian Sadler Mr. Wright stated subdivision of the subject lot is proposed, and that there are plans to build two houses on it with a density of 5.06 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) has approved the rezoning request, but that the City staff does not support it because of factors related to the proposed density. Mayor Bacon stated this is a public hearing and asked for public comment, and Mr. Cochran administered the oath to several persons. r; > Council Member Scoggins asked Mr. Sadler to explain his plans for the subject property. Mr. Sadler stated the lot would be divided into two parts, and a house comparable to other dwellings in August 5, 2002 the area will be built on each part. Council Member Hawkins asked Mr. Sadler if he could build one house on the lot, and Mr. Sadler stated that two houses on a subdivided lot would be closer in size to existing houses in the area. Mayor Bacon recognized Ms. Spencer Quarrels, residing at 2551 Davenport Street, who expressed concern about the lack of landscaping on Mr. Sadler's property. Ms. Quarrels expressed concern that a house Mr. Sadler might build on Teasley Drive may be representative of what he has now. Ms. Quarrels stated that Mr. Sadler's property in its current state looks incomplete. Council Member Scoggins asked Ms. Quarrels to look at illustrations of the proposed structures Mr. Sadler is planning to build on the subject property. Mr. Sadler stated the illustrations are representative of the two houses he plans to build. Council Member Hawkins asked Mr. Sadler if the subject property is vacant land, and Mr. Sadler answered in the affirmative. Mayor Bacon recognized Ms. Jean Aaron, residing at 2531 Davenport Street, who stated she would like to see the two new houses properly landscaped. Council Member Scoggins asked Mr. Miller to provide details of stipulations upon which the proposed rezoning will be contingent. Mr. Miller enumerated the stipulations as follows: Both structures are to be built to the floor plans and elevations presented by the applicant Both lots are to be landscaped filly in accordance with City standards set forth in the Conditional section of the Zoning Code Setbacks will conform to the site plan included in the application package Council Member Newcomb asked Mr. Miller if the proposed lot size after subdividing will be .19 acre each with an effective density of 5.06 units per acre, and Mr. Miller answered in the affirmative. Council Member Newcomb asked Mr. Miller if staff does not support this rezoning because of the density, and Mr. Miller answered in the affirmative. Council Member Newcomb asked Mr. Miller how this proposed density compares with other Habitat homes in the area, and Mr. Miller stated the Habitat houses are on comparably small lots. Council Member Scoggins read the following passage from Rezoning Analysis, Item 6, of the application form: Habitat for Humanity has rezoned the property next door to smaller lots. There are lots in the area that are at the size we would like to be at. There are also lots smaller than what we are asking for. Council Member Scoggins asked Mr. Miller if the foregoing statement is true, and Mr. Miller answered in the affirmative. MOTION: Council Member Scoggins made a motion to approve a rezoning request for a .395 acre tract from R-15 to R-15 Conditional in Land Lot 664, intersection of Teasley Drive and Argo Drive by Brian Sadler, and the motion was seconded by Council Member Hawkins. Motion was approved 5 —2, with Council Members Newcomb and Pritchett opposed. (H) Land Use Change Request - .395 Acre Tract from Low Density Residential to Medium Density Residential - Land Lot 664, Intersection of Teasley Drive and Argo Drive — Brian Sadler Mayor Bacon stated this is a public hearing and asked for public comment. Ms. Quarles asked if the proposed lot sizes might be comparatively small, and Council Member Newcomb stated the equivalent density on a full acre would be slightly more than five houses per acre. Council Member Newcomb stated that five house per acre is a standard he is not comfort- able with and, for this reason, he did not support the previous motion. Council Member Scoggins stated that there are lots smaller than the ones proposed by Mr. Sadler in the vicinity of the subject property, and that this is the rational behind the Council's decision. Mayor Bacon recognized Ms. Bernice Livsey, residing at 1976 Turpin Road, who stated the proposed houses are different from existing houses in the area. Ms. Livsey stated the proposed structures are large in relation to the proposed size of the lots. MOTION: Council Member Scoggins made a motion to approve a land use change request for a .395 acre tract from Low Density Residential to Medium Density Residential in Land Lot 664 at the Intersection of Teasley Drive and Argo Drive for Brian Sadler, and the motion was seconded by Council Member Hawkins. Motion was approved 6 — 0, with Council Member Pritchett abstaining. August 5, 2002 4 (I) Rezoning Request - .819 Acre Tract from R-15 (SFR) to RAD Conditional = East Side of Highland Avenue near Old Roswell Street — Michael Kemp Mr. Wright stated the subject property is zoned for single family residences, and that there is an existing residence on the property. Mr. Wright stated that if the request is approved, two additional single family residences will be built on the property fronting on Old Roswell Street. Mr. Wright stated the proposed two additional houses will bring the density to 3.66 units per acre. Mr. Wright stated the PZB voted to approve the request, and that staff supports the request , conditioned on certain stipulations. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. Council Member Scoggins asked the applicant, Mr. Kemp, to show those present some of the illustrations Mr. Kemp has of the proposed structures. Council Member Scoggins asked Mr. Kemp to explain his construction plans to those present. Mr. Kemp stated he proposes to build two houses behind the house currently on the property. Mr. Kemp stated the houses will be craftsman -style houses with front garages. Mr. Kemp stated one house will have 2,061 square feet of heated space, and the other will have 2,336 square feet of heated space. Mr. Kemp stated each house will have garage space in the amount of 500 to 530 square feet. Mr. Kemp stated there will be 18 feet between the two new houses, and the lot size will range between 9,850 square feet to 15,717 square feet. Mr. Kemp stated there will be no common use area in the plan. Council Member Scoggins asked Mr. Kemp if the two proposed houses will be built exactly according to the plans presented, and Mr. Kemp answered in the affirmative. Mr. Kemp provided construction details planned for the proposed houses. Council Member Hawkins asked Mr. Kemp what the expected selling price of the houses will be, and Mr. Kemp stated they will be in the upper $200,000 range. Mayor Bacon recognized Mr. Tim Rogers, residing at 2620 Highland Avenue, who expressed support for the proposed construction. Council Member Scoggins asked Mr. Miller to read the following stipulations for the proposed construction: 1. The development shall maintain the following minimum standards: front yard setback — 25', rear yard setback — 5', side yard setback — 5', building separation — 15', average lot size of 11,885 and a minimum house size of 2,061 square feet of heated and cooled space excluding the garage and basement areas. The elevations for each residence shall be consistent with the elevations presented to the Planning and Zoning Board at its July 8, 2002 Meeting. 2. Each home will incorporate the common features, including nine -foot ceilings and four-sided architectural detailing, outlined in the back-up to the applicant's petition. 3. "file storm water detention plan shall be designed to create at least a 10% reduction in a 100- year storm event. The City Engineer shall approve all plans. 4. All retention ponds shall be placed and screened appropriately to be unbbtrusive to homes inside and outside the development. 5. All utilities within the development shall be underground. 6. The developer will comply with the City's current tree ordinance. 7. No debris may be buried on any lot or common area. 8. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 9. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 10. Each lot shall have the following trees replanted per lot either: four 3" caliper trees or two 2" caliper and two. 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be usedif approved by the City. In the event that a 12" caliper or larger hardwood tree is saved on a given lot, the replanting requirements for that given lot may be waived. 11. All exterior sides shall be comprised of brick, stucco, stone, architectural shakes or Hardy Plank siding. No elevation shall be comprised solely of Hardy Plank siding. August 5, 2002 5 12. The developer/contractor shall meet with the City before construction begins to identify construction access points to minimize impacts upon adjacent residents MOTION: Council Member Scoggins made a motion to approve a rezoning request for a .819 acre tract from R-15 to RAD Conditional for the East Side of Highland Avenue near Old Roswell Street for Michael Kemp, and the motion was seconded by Council Member Hawkins. Motion was approved 7 — 0. (J) Land Use Change Request - .819 Acre Tract from Low Density Residential to Medium Density Residential — East Side of Highland Avenue near Old Roswell Street — Michael Kemp Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to approve a land use change request for a .819 acre tract from Low Density Residential to Medium Density Residential at the East Side of Highland Avenue near Old Roswell Street for Michael Kemp, and the motion was seconded by Council member Hawkins. Motion was approved 7 — 0. (K) Rezoning Request - .356 Acre Tract from Future Commercial (FC) to R-15 (SFR) — Land Lot 521, South Side of Nelson Lane near Roswell Street — City of Smyrna Mr. Wright stated no development is proposed for the subject property. Mr. Wright stated the City is requesting the change because residential use is planned and the existing FC zoning will not be appropriate for the property. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins asked Mr. Miller when the subject property was zoned FC, and Mr. Miller estimated the FC zoning was approved twenty to thirty years ago. MOTION: Council Member Scoggins made a motion to approve a rezoning request for a .356 acre tract from Future Commercial (FC) to R-15 (SFR) at Land Lot 521, South Side of Nelson Lane near Roswell Street for the City of Smyrna. Tile motion was seconded by Council Member Wood. Motion was approved 7 — 0. (L) Rezoning Request — 1 Acre Tract from Office Institutional (01) to R-15 (SFR) — Land Lot 560, East Side of Roswell Street, South of Roswell Street Commons — City of Smyrna Mr. Wright stated the City is requesting the change because it is likely the property will be used for residential purposes and the existing Ol zoning will not be appropriate. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins stated the subject property is in proximity to nine new houses being built by Ed Hatcher. MOTION: Council Member Scoggins made a motion to approve a rezoning request for a 1 acre tract from Office Institutional (01) to R-15 (SFR) at Land Lot 560, East Side of Roswell Street, South of Roswell Street Commons for the City of Smyrna. The motion was seconded by Council Member Hawkins. Motion was approved 7 — 0. (M) Land Use Change request — I Acre Tract from Central Business District to Low Density Residential - Land Lot 560, East Side of Roswell Street, South of Roswell Street Commons — City of Smyrna Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to approve a land use change request for a 1 acre tract from Central Business District to Low Density Residential at Land Lot 560, East Side of Roswell Street, South of Roswell Street Commons for the City of Smyrna. The motion was seconded by Council Member Hawkins. Motion was approved 7 — 0. (N) Rezoning Request — 2.5 Acre Tract from R-20 (SFR) to TD-Conditional (Townhouse Development) — Land Lots 476 and 533, North Side of E/W Connector near Mavell Road and the Silver Comet Trail (SCT) — Ashton Atlanta Residential (AAR) August 5, 2002 6 Mr. Wright stated this rezoning is requested in order to add a small parcel to an existing development. Mr. Wright stated that 12 additional townhouses will be built resulting in a density of 5.0 units per acre. Mr. Wright stated that PZB has approved the rezoning, and that it is also supported by the City staff. Mayor Bacon stated this is a public hearing and asked for public continent. There was none. Council Member Wood recognized Mr. Woody Snell, representing AAR. Council Member Wood asked Mr. Snell to provide details of AAR's plan. Mr. Snell stated AAR plans to enlarge the development by adding the subject parcel. Mr. Snell explained the various benefits expected to come about as a result of the rezoning, including elimination of an at -grade crossing on the SCT used to access an existing rental house on the subject property. Mr. Snell stated the townhouses proposed for construction are comprised of three stories and two -car garages, and will be 2200 to 2700 square feet in size. Council Member Wood asked Mr. Snell if the at -grade crossing on the SCT will be eliminated as a safety factor, and Mr. Snell answered in the affirmative. Mr. Snell stated the subject property can be accessed in the future via an internal road in the development. Council Member Wood asked Mr. Snell if AAR has agreed to build some additions to the SCT, and Mr. Snell answered in the affirmative. Mr. Snell stated the development property abuts the SCT to the north, and that AAR has agreed to pay for a section of the trail up to a limit of $60,000. Council Member Wood asked Mr. Miller to read the following stipulations: 1. A tree survey shall be provided by the applicant prior to the Council Meeting demonstrating the number of trees and caliper of each tree to be preserved in the tree save area. 2. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development of 10 or more homes. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 5. All utilities within the development shall be underground. 6. The developer will comply with the City's current tree ordinance and plans shall be submitted to the City for review and comment prior to construction. 7. The protective covenants will require all non-resident property owners to keep the Homeowners Association advised of the current address and phone numbers where they can be reached. 8. There shall be a landscaped front entrance, with monument, indicating the name of the development. 9. No debris may be buried on any lot or common area. it 10. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. 11. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 13. All streets shall have a sidewalk on two sides. 14. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 15. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both along the frontage of the development. 16. Developer shall provide a minimum of 20' undisturbed buffer along the frontages of streets outside the development. 17. Four-sided brick elevations shall be used on each building adjacent to the East/West Connector. 18. A detailed entry plan for each entrance denoting all entry features shall be provided prior to the Council Meeting. Auizust 5, 2002 7 19. A strip of.brick pavers or stamped concrete shall be installed on the street entrance from Mavell Road for a minimum distance of 20 feet. 20. The development of private streets shall conform to the City's standards for public right-of-ways. MOTION: Council Member Wood made a motion to approve a rezoning request for a 2.5 acre tract from R-20 (SFR) to TD-Conditional (Townhouse Development) for Land Lots 476 and 533, north side of E/W. Connector near Mavell Road and the Silver Comet Trail for Ashton Atlanta Residential. Council Member Cramer seconded the motion. Motion was approved 7 — 0. (0) Land Use Change Request — 2.5 Acre Tract from Low Density Residential to Medium Density Residential - Land Lots 476 and 533, North Side of E/W Connector near Mavell Road and the Silver Comet Trail (SCT) — Ashton Atlanta Residential (AAR) Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve a land use change request for a 2.5 acre tract from Low Density Residential to Medium Density Residential for Land Lots 476 and 533, north side of E/W Connector near Mavell Road and the Silver Comet Trail for Ashton Atlanta Residential. The motion was seconded by Council Member Cramer. Motion was approved 7 — 0. (P) Zoning Amendment - Amendment to Site Plan - Land Lots 476 and 533, North Side of E/W Connector near Mavell Road and the Silver Comet Trail — Ashton Atlanta Residential Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood stated an amendment to the site plan was needed to combine the two land components of the development. MOTION: Council Member Wood made a motion to approve a zoning amendment to amend the site plan for Land Lots 476 and 533, north side of E/W Connector near Mavell Road and the Silver Comet Trail for Ashton Atlanta Residential. The motion was seconded by Council Member Cramer. Motion was approved 7 — 0. (Q) Special Land Use Permit Request — Festival Market — Concord Village Shopping Center, 3205 South Cobb Drive — Western Plaza Market, Inc. (WPM) Mr. Wright stated the proposed use is for the vacant K-Mart retail space at Concord Village Shopping Center. Mr. Wright stated the City Zoning Code does not specifically permit this type of use in General Commercial (GC) zoned areas. Mr. Wright stated a special land use permit can be granted for a period not to exceed 24 months without reapplication and readvertising for a public hearing. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Council Member Hawkins recognized Mr. Lou McBryan, an attorney representing Great Western Market, Inc (GWM), and Mr. Chin Choi and Ms. Linda Kim. Mr. McBryan stated GWM would like to introduce festival shopping or a mini -mall into the subject space. Mr. McBryan showed photographs to those present illustrating the type of operation proposed. Mr. McBryan stated that retail spaces will be leased for periods of not less than one year, and that all vendors will be required to comply with City business license regulations. Mr. McBryan stated vendors selling a wide range of merchandise, e.g., computers, luggage, cellular telephones, fragrances, jewelry, movie rentals, etc., could be expected to lease space in this type of operation. Mr. McBryan stated his client will agree to the stipulations proposed by the City. Council Member Hawkins asked Mr. McBryan if outside sales will be disallowed at the proposed operation, and Mr. McBryan answered in the affirmative. Council Member Hawkins asked Mr. McBryan how many retail spaces are expected to be available for lease, and Mr. McBryan stated that 300 units will be available, with many vendors expected to lease multiple units of space. Council Member Hawkins asked Mr. McBryan if each space will have access to electrical and telephone connections, and Mr. McBryan answered in the affirmative. Council Member Hawkins asked Mr. McBryan if there are plans for a food court at the facility, and Mr. McBryan answered in the affirmative. Council Member Scoggins asked if each space will have a fagade, and Mr. McBryan answered in the affirmative. Council Member Hawkins stated that the special land use permit, if approved, will only be valid for two years, and that if problems develop at the operation, renewal of the permit will not be likely. Council Member Cramer recognized Mr. Rick Steel, representing Equity Investing Group (EIG), who stated that the lease for the subject property includes language which August 5, 2002 8 disallows alcohol sales and restricts what articles can be sold on the premises. Mayor Bacon recognized Mr. Morris Schroeke, representing EIG, who stated the A & P space in the subject area has been vacant for about three years, and that the lease on that space is still in effect for another eight years. Council Member Pritchett asked how the principals of the operation plan to ensure compliance with the various restrictions on the individual vendors, and Mr. John Wiles stated that on -site property managers will monitor compliance. Mr. Wiles stated that an injunction from the courts can be obtained to prevent certain actions not allowed by leases. Council Member Pritchett asked Mr. Wiles if he has actually been involved in an injunction process of this type, and Mr. Wiles stated the lease is usually terminated and an eviction is carried out. Council Member Pritchett asked if such measures are carried out even though tenants are sometimes hard to get, and Mr. Wiles stated that the other tenants rely on the property management to make certain that standards are maintained. Council Member Pritchett stated that the plans presented for maintaining compliance with various regulations may be unrealistic. Mr. Wiles stated that property management professionals do enforce pertinent use regulations and standards regularly, and that failure to do so can create legal liabilities for property management. Mr. Wiles stated that, under some circumstances, the City will also have authority to enforce use regulations. Council Member Lnenicka asked Mr. Wiles for his views regarding possible measures that could be taken to prevent business entities from keeping empty buildings which become nuisances to the local governments where they are located. Mr. Wiles stated that major retailers will usually agree to a lease which requires opening a full -stock, full -fixture operation for only one day. Mr. Wiles stated some retailers will agree to pay rent, but will not agree to remain open. Council Member Lnenicka provided details of efforts by Smyrna elected officials about five years ago to require taxi operators to carry more insurance to cover the injuries of passengers. Council Member Lnenicka stated that any effort to impose some requirements locally can fail because business operators not wishing to comply can move their operations outside a particular jurisdiction. Mayor Bacon asked approximately how much money will be invested in the new operation, and Mr. McBryan answered about $500,000 for internal renovations alone. Council Member Cramer asked what types of businesses might be disallowed at the operation, and Mr. McBryan stated that businesses that could be nuisances and second-hand stores will not be accepted. Council Member Wood asked where similar operations in Cobb County are located, and Mr. McBryan said one location is the Big Shanty Antique Mall, located in the Kennesaw area. Council Member Wood asked if any of the pictures provided depict any similar operation in Cobb County, and Mr. McBryan answered no. Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, who stated that no signs were posted on the subject property advertising the public hearing. Ms. Barnes stated that she talked with Mr. Miller today and learned that the proposed action did not go through the planning commission. Ms. Barnes stated she is concerned about the prospect of a flea market being opened in Smyrna. Ms. Barnes expressed the view that this matter should be placed in abeyance for at least one month so that citizens call be properly notified about it. Mr. Miller stated the public hearing was advertised in the Marietta Daily Journal, and that a sign advertising the hearing had been placed at the subject location. Mr. Miller read the following stipulations: 1. Any interior modifications must comply with the current building codes in effect in the City of Smyrna. The appearance of these interior changes shall generally comply with the photos provided by the applicant with the permit request. 2. Retail stalls shall be restricted to a minimum size of 10' x 10' and be provided with all necessary electrical outlets, telephone service and data ports. 3. Each vendor shall obtain and maintain a current business license with the City of Smyrna. No alcohol sales shall be permitted. 4. The parking lot in the front of the shopping center shall have landscaped medians between lines of parking spaces on alternate lines (approximately every 90 to 100 feet). 5. Any facade changes, including signage and building colors, shall comply with the City's overlay district requirements and be approved by staff. The words "flea market" shall not appear on any signage in conjunction with the special land use request. 6. The hours of operation shall be limited to 10:00 am to 9:00 pm Thursday through Sunday. These hours may be extended administratively via approval by the City Administrator, or his designee. 7. No outside sales, promotions or events shall be permitted in conjunction with the proposed festival market. August 5, 2002 9 8. Leases for each tenant in the festival market shall be for a minimum period of one year. 9. A maximum of four food vendors shall be permitted in the food court area of the festival market. Council Member Hawkins asked Messrs. McBryan and Wiles if their respective clients agree to the stipulations, and both answered in the affirmative. Council Member Hawkins stated the applicant has never requested permission to open a flea market, and has never used the term flea market in any of their communications. Council Member Hawkins stated the City staff inferred from information provided that the proposed operation is a flea market. Council Member Lnenicka asked Ms. Barnes what she does for a living, and Ms. Barnes stated she is in the antiques business. Council Member Lnenicka asked Ms. Barnes if she has had other employment experience, and Ms. Barnes stated she has been a real estate broker, housewife, community activist, and a grandmother. Council Member Lnenicka asked Ms. Barnes if, based on her real estate experience, she could provide an opinion on the possible effect of the proposed business on property.values in the area. Ms. Barnes stated that, if the business is set up and operated the way the principals say it will be, it will probably be a beneficial influence. Ms. Barnes expressed concern that the City is setting a precedent for allowing flea markets in Smyrna. Council Member Cramer expressed concern about a handbill, which he considers prejudicial, which was circulated in the Chateau Walk area about this proposed business. Mr. Wiles expressed the view that a special land use permit is unique to a tenant and, as opposed to a zoning change, does not set a precedent. MOTION: Council Member Hawkins made a motion to approve a special land use permit request for a festival market at Concord Village Shopping Center, 3205 South Cobb Drive for Western Plaza Market, Inc. The motion was seconded by Council Member Scoggins. Motion was approved 7 — 0. (R) Rezoning Request — 24 Acre Tract from R-20 (County) to RAD Conditional — SW Corner of Fontaine Road and E/W Connector — Cochrane Land Company, Inc. Mr. Wright stated the proposed development for the subject property calls for 80 single-family homes with an average lot size of 10,050 square feet and a density of 3.33 units per acre. Mr. Wright stated PZB has approved the rezoning request and that it is supported by staff with certain conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Council Member Wood recognized Mr. Kevin Moore, representing Cochrane Land Company, Inc. (CLC). Mr. Moore stated the development plan originally called for 120 lots for townhouses, but has been changed to 80 detached single family homes. Mr. Moore stated the developer has agreed to the City's stipulations, including a minimum house size of 2,400 square feet. Mr. Moore stated the selling price of the houses will be in the $200,000 to $300,000 range. Mr. Moore stated the development will have 508' of frontage on the East/West Connector and 538' of frontage on Fontaine Road. Mr. Moore stated the development will border the Heritage Park in Cobb County, and that CLC associates have meet with County officials to discuss other stipulations in terms of the developers' sensitivity to the park, buffers and storm water. Mr. Moore read the following stipulations: - Applicant shall work with the Cobb Land Trust and Cobb County Parks and Recreation to established undisturbed and planted buffers along the southern boundary of the property and the park - Prior to development, applicant will install a double row of silt fence along the southern boundary - Applicant will establish a concrete dam structure - Applicant agrees to install sod in all yard areas and common areas Council Member Lnenicka asked Mr. Moore to provide details regarding the common areas planned for the proposed development, and Mr. Moore stated the common areas are comprised mainly of the entrance areas. Council Member Lnenicka asked Mr. Moore what purpose a homeowners' association (HOA) will serve if there are no common areas, and Mr. Moore stated the HOA will ensure the entrance areas are well -maintained and that restrictive covenants are enforced. Council Member Lnenicka asked Mr. Moore if it would be possible to included a common area, such as a recreation area, in the development. Mr. Moore stated the development is close to Heritage Park and the Silver Comet Trail. Council Member Wood asked Mr. Moore what percentage of the houses will have basements, and Mr. Moore answered over 50 percent. Mayor Bacon asked about the possibility of houses being built to suit, and Mr. Mark Shaw stated about 35 to 40 percent of houses are usually made to order, and the remainder are speculatively built. Mr. Shaw stated that in some cases a builder may have to ask a customer to pick another lot which may be more suitable to the type of structure the customer wants. Mayor Bacon asked Mr. Shaw if topographical considerations determine whether or not a particular house will have a basement, and Mr. Shaw answered in the affirmative. Mayor Bacon asked Mr. Shaw if he has ever built a subdivision with no basements, and Mr. Shaw answered no. Council Member Wood asked what type of August 5, 2002 10 houses are planned for the development, and Mr. Shaw stated they will be traditional two-story homes with 4 to 5 bedrooms. Mayor Bacon recognized Mr. Bob Konet, residing at 4730 Sir Walter Court, who stated he uses the Heritage Park facility regularly. Mr. Konet stated he believes that development of 24 acres will disturb the wildlife in the area. Mayor Bacon recognized Ms. Deboris Howard, residing at 183 Castlebar Court, who stated she expects soil erosion from the development to have a negative impact on a nearby creek. Ms. Howard is also concerned that wildlife in the area will be disturbed. Mayor Bacon recognized Mr. John Anderson, residing at 285 Fontaine Road, who expressed concern about the density of the proposed development and its proximity to the park and recreational amenities nearby. Mr. Anderson stated the presence of so many houses will tend to change the character of the subject area. Mayor Bacon recognized Mr. Joe Sorrentino, residing at 4650 Anastasia Court, who expressed concern about over -development in the area and traffic congestion. Mayor Bacon recognized Mr. Gary Bordelon of the Cobb Land Trust, who stated that efforts are being made to minimize the impact of the development on the nearby park. Mayor Bacon asked Mr. Moore if Cobb County government has attempted to purchase the subject property, and Mr. Moore stated the owner of the subject property sold the County the land which is now Heritage Park. Mayor Bacon asked Mr. Miller about the possibility of acceleration/deceleration lanes being installed in the area of Fontaine Road, and Mr. Miller stated the County would have to approve any transportation plans in the area because the roads there are County roads. Mayor Bacon stated he would like for the developer to be required to install left -turn and right -turn lanes off Fontaine Road. Mr. Shaw stated that, as part of the zoning requirements, the developer arranged for a traffic study to be conducted, and that no recommendations were made regarding turning lanes. Mr. Shaw stated that some steps have been taken concerning installation of a deceleration lane on southbound Fontaine Road turning to the right into the subdivision. Council Member Wood stated that installation of acceleration/deceleration lanes into. any development in the City can be required if recommended by the City Engineer. Council Member Wood stated that the City has no control over County roads. Council Member Cramer stated that the proposed development is close to the Silver Comet Trail (SCT), and asked Mr. Shaw if any sidewalks or bicycle paths are planned for the exterior of the development. Mr. Shaw stated there are no plans for any sidewalks or bicycle paths along Fontaine Road, and that the owners of adjacent property and Cobb County could be contacted and asked about installation of sidewalks. Council Member Lnenicka stated this would be a good idea, and that safe access to the SCT would be appealing to many people. Council Member Lnenicka asked if any consideration has been given to a lower density, higher priced development. Mr. Shaw stated that it is a generally accepted practice for a developer to use the existing zoning without asking for amendments, and pointed out that stipulations have been agreed to which are not required by R-20 guidelines which are expected improve the overall quality of the finished product. Mr. Shaw stated the original plan called for 120 townhouses, which would require more grading, and that the current plan for 80 detached houses will reduce the amount of grading and tree removal needed. Mr. Miller read the following stipulations: 1. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development. 2. The development shall maintain the following minimum standards: front yard setback — 22' (10' from ROW), rear yard setback — 20', side yard setback — 5', separation between buildings — 15' and a minimum house size of 2,400 square feet of heated and cooled space excluding the garage and basement areas. The elevations for each residence shall ' be similar architecturally with the elevations presented to the Planning and Zoning Board at its July 8, 2002 Meeting. { '' 3. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. 4. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 5. All utilities within the development shall be underground. }> 6. The developer will comply with the City's current tree ordinance and plans shall be!" submitted to the City for review and comment prior to construction. " August 5, 2002 11 7. The, protective covenants will require all non-resident property owners to keep the Homeowners Association'advised of the current address and phone numbers where they can be reached. 8. There shall be a landscaped front entrance, with monument, indicating the name of the development. Deceleration lanes shall be provided at the entrance if deemed necessary by the City Engineer. 9. No debris may be buried on any lot or common area. 10. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. 11. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate, excluding the natural common area. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 13. Each lot shall have the following trees replanted per lot either: four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. In the event that a 12" caliper or larger hardwood tree is saved on a given lot, the replanting requirements for that given lot may be waived. 14. A tree survey shall be provided by the applicant prior to the issuance of a building permit demonstrating the number of trees and caliper of each tree to be preserved in the tree save area. 15. The homes which back-up to either the East West Connector or Fontaine road shall be four-sided brick. No home in the subdivision shall be comprised of 100% horizontal Hardy Plank Siding. 16. Developer shall provide a minimum of 20' buffer along Fontaine Road. A masonry wall, galvanized wrought iron fence, or combination of both shall be located within this buffer. 17. A strip of brick pavers or stamped concrete shall be installed on the street entrance from Fontaine Road for a minimum distance of 20 feet. 18. The applicant shall work with the Cobb County Land Trust and Cobb County Parks and Recreation Department to establish an undisturbed buffer along the common property line with Heritage Park. 19. Prior to the issuance of a building permit, a double row silt fence shall be installed. 20. The entrance to the development shall be relocated southerly to limit land disturbances due to grading. 21. A concrete dam shall be utilized in lieu of a detention pond if approved by the City Engineer. 22. Over 50% of the homes shall have a basement. Council Member Wood stated that an additional stipulation to the effect that "the developer agrees to work with the City of Smyrna to develop and provide safe access to Heritage Park and the Silver Comet Trail" shall also be added. Council Member Wood asked Mr. Moore if the stipulations area acceptable, and Mr. Moore answered in the affirmative. Mr. Shaw asked, provided that the minimum size of 2,400 square feet is maintained, if it would be acceptable to build a few houses with three larger bedrooms in lieu of the four to five bedrooms planned. Council Member Lnenicka asked Mr. Shaw if it would be possible for the developer to pick any one of the eighty lots and use it as a common area for the homeowners. Mr. Shaw stated that, if the number of lots for houses can remain at eighty units, lie will try to find some land that could be used as common area for the homeowners. Mayor Bacon stated the City has never regulated the number of bedrooms in houses, only the minimum square footage of the structures. MOTION: Council Member Wood made a motion to approve a rezoning request for a 24 acre tract from R-20 (County) to RAD Conditional at the SW corner of Fontaine Road and E/W Connector, to include all the stipulations read by Mr. Miller and agreed to by the developer. August 5, 2002 12 Council Member Wood stated the motion includes additional stipulations calling for some common area in the development and for some bicycle paths and sidewalks. The motion was seconded by Council Member Hawkins. Motion was approved 6 — 0. Council Member Pritchett was not present at the time of the vote. (S) Land Use Change Request — 24 Acre Tract from Low Density Residential (County) to Medium Density Residential (City) - SW Corner of Fontaine Road and E/W Connector — Cochrane Land Company, Inc. Mayor Bacon stated this is a public hearing and asked for public comment. Mr. Konet expressed objections to approval of the subject development. Council Member Hawkins stated the owner of the subject property made the property at what is now Heritage Park available to the County at a reasonable cost. Ms. Howard expressed objections to the fact that there are no illustrations of the proposed structures, and that the proposed development seems to be very dense. MOTION: Council Member Wood made a motion to approve a land use change request for a 24 acre tract from Low Density Residential (County) to Medium Density Residential (City) at the SW Corner of Fontaine Road and E/W Connector, and the motion was seconded by Council Member Cramer. Motion was approved 6 — 0. Council Member Pritchett was not present at the time of the vote. FORMAL BUSINESS: (A) Approval of Construction of Sewer Line on Ridge Road Mr. Wright stated the proposal is for connection of about seven houses on Ridge Road east of Glenhurst Drive to the City sewer system. Mr. Wright stated the estimated cost of the project is $112,000, not including landscaping. Council Member Lnenicka stated this proposal has been under review for about a year, and that a majority of the homeowners in the affected area are in favor of the project. Council Member Lnenicka stated that efforts have been made to accommodate the preferences of the homeowners, and that some of the homeowners' input has actually resulted in reduced costs and reduced environmental impact. Council Member Lnenicka stated that one homeowner's yard will likely be crossed by the construction. MOTION: Council Member Lnenicka made a motion to approve construction of a sewer line on Ridge Road, and the motion was seconded by Council Member Hawkins. Motion was approved 6 — 0. Council Member Pritchett was not present at the time of the vote. (B) Approval of Reappointment of Civil Service Board Member Mr. Wright stated the Civil Service Board (CSB) hears appeals of disciplinary action of City employees. Mr. Wright stated the Council appoints one of the three board members, and that a term expiring this month needs to be filled by the Council. Council Member Newcomb stated Mr. Charles Perkins' appointment will soon expire, and Mr. Perkins has expressed an interest in continuing on the CSB. MOTION: Council Member Newcomb made a motion to reappoint Charles Perkins to the Civil Service Board for a two-year term beginning August 15, 2002 through August 15, 2004, and the motion was seconded by Council Member Lnenicka. Motion was approved 6 — 0. Council' Member Pritchett was not present at the time of the vote. (C) Approval of Ordinance Amendment — Appendix D, Sec. 2 {k} - Sidewalks Mr. Wright stated that, although the City typically requires sidewalks through the zoning process for new developments, this ordinance will require sidewalks to be installed on road frontage and on one side of an interior subdivision street by law rather than by zoning stipulation. ;. , s `I.' 1, 1' MOTION: Council Member Wood made a motion to approve ' an ordinance 'amendment,' Appendix D, Sec. 2 {k) — Sidewalks, and the motion was seconded by Council Member Cramer. Motion was approved 6 — 0. Council Member Pritchett was not present at the time of the vote. 0 1 1 i 1 . August 5, 2002 13 (D) Approval of Ordinance Amendment — Chapter 2 — Records Management and Document Retention by the Office of the City Clerk j, i . Mr. Wright stated the purpose of the ordinance is to authorize the City Clerk to handle open records requests and to clarify the City Clerk's responsibilities concerning management of City records., , Ms. Hiott stated the proposed amendment will clarify the fact that retention schedules are in place and clarifies the City Clerk's authority to implement document imaging programs or records management programs. MOTION: Council Member Wood made a motion to approve an ordinance amendment, Chapter 2, Records Management and Document Retention, to include adoption of the Secretary of State's records retention schedules, and the motion was seconded by Council Member Cramer. Motion was approved 6 — 0. Council Member Pritchett was not present at the time of the vote. (E) Approval of Validation of Application for Annexation — 24.450 Acre Tract — Land Lot 613, 17'h District, 2"" Section, Cobb County, Georgia, Oakdale Road — Kevin Mendelsohn Legal Description All that tract or parcel of land lying and being in Land Lot 613 of the l 7"' District, 2"d Section of Cobb County, Georgia and being more particularly described as follows: Beginning at the Land Lot corner common to Land Lots 54, 55, 612, and 613 (said point being a concrete monument found), said point being the true point of beginning. Thence from said point, N00 degrees 15'40"E, a distance of 737.57 feet; thence S87 degrees] 7'47"E, a distance of 1248.79 feet to the point of curve of a non -tangent curve to the right, of which the radius point lies S03 degrees 26' 10"W, a radial distance of 547.96 feet; thence easterly along the arc, an arc distance of 139.42 feet, a chord bearing of S79 degrees] 6'30"E, and a chord of 139.04 feet; thence S71 degrees59'09"E, a distance of 243.55 feet; thence S24 degrees23'33"E, a distance of 56.23 feet thence S26 degrees 22'50"W, a distance of 53.68 feet to a point of curve to the right having a radius of 1607.02 feet, a tangent length of 147.75 feet, an arc length of 294.26 feet; a chord bearing of S31 degrees38'01 "W and a chord distance of 294.26 feet; thence S36 degrees 53' 12"W, a distance of 136.51 feet to a point of curve to the right having a radius 2834.79 feet, a tangent length of 123.36 feet, an arc length of 246.57 feet, a chord bearing of S39 degrees 22'42"W and chord distance of 246.49 feet; thence N50 degrees 45'01 "W, a distance of 77.37 feet; thence N88 degrees51'45"W, a distance of 1166.02 feet to the point of beginning. Said tract containing 1,065,046 square feet, or 24.450 acres, more or less. Mr. Wright stated the annexation application submitted by Kevin Mendelsohn seems to meet requirements of State law for annexation into the City. MOTION: Council Member Wood made a motion to approve validation of application for annexation for a 24.450 acre tract in Land Lot 613, 171h District, 2"d Section, Cobb County, Georgia, Oakdale Road by Kevin Mendelsohn, with a date for public hearing on annexation to be set for September 3, 2002. The motion was seconded by Council Member Cramer. Motion was approved 6 — 0. Council Member Pritchett was not present at the time of the vote. (F) Approval of Validation of Application for Annexation — 6.0 Acre Tract — Land lot 55, 18`h District, 2"d Section, Cobb County, Georgia, Oakdale Road — Thelma Merck Legal Description All that tract or parcel of land lying and being in Land Lot 55 of the 18'h District, 2"d Section of Cobb County, Georgia and being more particularly described as follows: Beginning at a point marked by an iron pin located on the west land lot line of Land Lot 55, 250 Feet south of the northwest corner of Land Lot 55; thence running north 88 degrees 39 minutes 10 seconds east a distance of 1,062.1 feet to an iron pin located on the northwest right of way of Oakdale Road; thence running southwest along the northwest right of way of Oakdale Road an arc distance of 409.3 feet to an iron pin (having a tie line distance of south 36 degrees 40 minutes 08 seconds west a distance of 409 feet to an iron pin); thence continuing along the northwest right of way of Oakdale Road south 31 degrees 33 minutes 29 seconds west a distance of 125 feet to an iron pin at the northeast side of a 30 foot drive easement; running thence in a northwesterly direction along the north side of said 30 foot drive easement 786 feet more or less to an iron pin on the west line of Land Lot 55; running thence north 1 degree, 33 minutes, 24 seconds west along the west land lot line of Land Lot 55 a distance of 184 feet to an iron pin and the point August 5, 2002 14 of the beginning. Mr. Wright stated the annexation application submitted by Thelma Merck seems to meet require- ments of State law for annexation into the City. MOTION: Council Member Wood made a motion to approve validation of application for annexation for a 6.0 acre tract in Land Lot 55, 18"' District, 2"d Section, Cobb County, Georgia, Oakdale Road by Thelma Merck, with a date for public hearing on annexation to be set, for September 3, 2002. The motion was seconded by Council Member Cramer. Motion was approved 6 — 0. Council Member Pritchett was not present at the time of the vote. (G) Approval of Validation of Application for Annexation — 2.2 Acre Tract — Land Lot 621, 17"' District, 2" d Section, Cobb County, Georgia, South Cobb Drive — Herbert Ruddell Legal Description All that tract or parcel of land lying and being in Land Lot 621 of the 17"' District, 2" d Section of Cobb County, Georgia and being more particularly described as follows: Beginning at a point on the southwest side of the property at a concrete marker 750 feet, more or less, from the intersection of South Cobb Drive and Ivy Glen Drive and running thence northwest 265 feet to an iron pin; thence northeast 75 feet to an iron pin; thence northeast at 51 degrees 15 minutes east parallel to South Cobb Drive a distance of 226 feet, and running then easterly 300 feet along South Cobb Drive to an iron pin; thence turning at a right angle southwest a distance of 320 feet to the point of the beginning. Mr. Wright stated the annexation application submitted by Herbert Ruddell seems to meet require- ments of State law for annexation into the City. MOTION: Council Member Lnenicka made a motion to approve validation of application for annexation for a 2.2 acre tract in Land Lot 621, 17"' District, 2"d Section, Cobb County, Georgia, by Herbert Ruddell, with a date for public hearing on annexation to be set for September 3, 2002. The motion was seconded by Council Member Hawkins. Motion was approved 6 — 0. Council Member Pritchett was not present at the time of tine vote. (H) Adoption of 2002.Tax Millage Rate for the City of Smyrna Mayor Bacon stated another hearing on this matter is scheduled for August 15, 2002, from 6:00 p.m. to 7:00 p.m. MOTION: Council Member Wood made a motion to table adoption of 2002 Tax Millage Rate for the City of Smyrna until the August 19, 2002 Council meeting, and the motion was seconded by Council Member Hawkins. Motion was approved 6 — 0. Council Member Pritchett was not present at the time of the vote. (1) Approval of Addendum to the Intergovernmental Agreement for Health Insurance Plan Mr. Wright stated that in the year 2000, the City merged with the health insurance plan provided by Cobb County for its employees, and that the addendum will extend the agreement for two more years. Council Member Newcomb stated the intergovernmental agreement provides the City with economy of scale for employee health insurance, which helps contain some of the premium increases. MOTION: Council Member Newcomb made a motion to approve the addendum to 'the intergovernmental agreement for health insurance plan with Cobb County, and the motion was seconded by Council Member Hawkins. Motion was approved 6 — 0. Council Member Pritchett was not present at the time of the vote. (J) Approval of Creation of Indigent Defendant Program Mr. Wright stated that the U.S. Supreme Court has recently ruled that defendants in misdemeanor: cases are entitled to indigent defense. Mr. Wright stated the City court must implement programs to provide counsel for defendants who possibly face jail time who cannot afford their own legal representation. Mr. Wright stated that Judge Curtis has developed a program to accomplish this objective, and that he recommends that the program be implemented to comply with the Supronle Court's directives. August 5, 2002 15 Council Member Hawkins stated this ruling entitles defendants charged with even minor infractions that could result in jail time to legal counsel if they can prove they cannot afford it. Council Member Hawkins stated this ruling could have a particularly pronounced impact on traffic courts. Council Member Hawkins stated the proposed program will give the City Judge the authority to evaluate an individual's financial situation and, if it is determined a defendant is indigent, appoint an attorney to represent the defendant. MOTION: Council Member Hawkins made a motion to approve creation of an indigent defendant program to be funded out of the current year's legal fees budget, and the motion was seconded by Council Member Scoggins. Motion was approved 6 — 0. Council Member Pritchett was not present at the time of the vote. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of July 15, 2002 Minutes (B) Bid Award - 2002 Street Re -striping Two bids were received for this contract. The City Engineer and Purchasing Agent have reviewed the bids and recommend award to low bidder Peek Pavement Marking, Inc. in the amount of $25,140.36 Council Member Scoggins requested that the names of the streets to be re -striped be read. Mr. Wright read the following list of street names: Atlanta Road, Ridge Road, Church Street, Highlands Parkway, North Cooper Lake Road, Old Concord Road, Pat Mell Road, Powder Springs Street, Roswell Street, Spring Road, Spring Street, and Vinings Estates. Mayor Bacon stated that Campbell was deleted and Ridge Road was added. (C) Approval of Purchase of Replacement Vehicle for Police Department's CID Proposed purchase is for replacement of 1994 Ford Crown Victoria car needing a replacement engine. It is recommended that a 2002 Ford Taurus be purchased from Southlake Ford Government Sales (State contract) for $17,993. (D) Approval of Purchase of Replacement Vehicle for Police Department's CID Proposed purchase is for replacement of 1994 Ford Taurus with high mileage. It is re- commended that a 2002 Ford Taurus be purchased from Southlake Ford Government Sales (State contract) for $17,993. (E) Approval of List of Various City Property to be Disposed of as Surplus It is recommended the entire list be declared surplus and sold at public auction through Cobb County. (F) Approval of Bid Award — Athletic Lighting for Chuck Camp Park Staff recommends award of bid to low bidder Lynn Lighting of Powder Springs in the amount of $27,950. (G) Authorize Emory Adventist Hospital to enter into a lease/purchase agreement for an MRI machine through the Smyrna Hospital Authority. (H) Approval for Mayor to Execute Contract for State Funds that are committed to the Veterans Memorial MOTION: Council Member Hawkins made a motion to approve the consent agenda, and the motion was seconded by Council Member Cramer. Mayor Bacon expressed appreciation to Representative Terry Johnson for his assistance in obtaining State finds for the Veterans Memorial. Motion was approved 6 — 0. Council Member Pritchett was not present at the time of the vote. COMMITTEE REPORTS: Mayor Bacon stated the City's anniversary celebration last Saturday was a great success and enjoyed by all. Mayor Bacon asked Mr. Wright to try to make certain future rezoning and variance requests include some type of renderings. August 5, 2002 16 Council Member Newcomb also commented favorably about last Saturday's festivities, and expressed appreciation to the City staff for their efforts. Council Member Scoggins commented favorably about last Saturday's festivities, and expressed appreciation to the City's police personnel and other staff for their efforts. Council Member Hawkins commented favorably about City police personnel, Parks and Recreation personnel, and other City staff for their contribution to the City's anniversary celebration last Saturday. Council Member Cramer commented favorably about last Saturday's festivities, and expressed appreciation to the City's police personnel and other staff for their efforts. Council Member Cramer stated August 16 is the deadline to buy a brick for the Veterans Memorial before the dedication ceremony on October 12. Council Member Cramer stated that Ms. Helen Llewellen, a good friend to the conununity, passed away recently and will be missed. Council Member Lnenicka commented favorably about last Saturday's festivities, and expressed appreciation to the City staff for their efforts. Council Member Lnenicka expressed appreciation to the volunteers who serve on the Planning and Zoning Board and the Growth Strategies Commission for their active role in improving the quality of living in the City. Council Member Wood commented favorably about City police personnel, Parks and Recreation personnel, and other City staff for their contribution to the City's anniversary celebration last Saturday. Council Member Wood stated that last Saturday night's celebration was a good example of the type of community involvement projects such as the Village Green are intended to promote. CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 11:28 p.m. A. MAX BACON, MAYOR SUSAN D. H1OTT, CITY CLERK dZ6�, �& 6(-;� ---, CHARLES PETE WOOD, WARD 7 ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number 2002-2 Land Lot 477 Acres .41 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of at least 60 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on August 5, 2002 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be'amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this 5th day of August , 2002. A. Max Bacon, Mayor Attest: Susan D. Hiott, City Clerk City of Smyrna Approved as to form: Scott A. Cochran, City Attorney Annexation Ordinance 2002-2 EXHIBIT "A" Legal Description All that tract or parcel of land lying and being in Land Lot 477 of the 171" District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: Beginning at an iron pin on the northwest side of Cooper Lake Road 318.7 feet southwesterly as measured along the northwest side of Cooper Lake Road from the corner formed by the intersection of the northwest side of Cooper Lake Road and the center line of King Springs Road; running thence south-westerly along the northwest side of Cooper Lake Road a distance of 100 feet to an iron pin; running thence north 27 degrees 30 minutes west a distance of 200 feet to an iron pin; running thence north-easterly a distance of 97 feet, more or less, to an iron pin; running thence south 27 degrees 30 minutes east a distance of 170 feet to an iron pin at the point of the beginning. Said property being .41 acres more or less and being all the property of applicant at the above described location. Records Management/Retention August 5, 2002 Ordinance 2002-12 ORDINANCE 2002-12 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY ADDING ARTICLE VI TO CHAPTER 2 PROVIDING FOR RECORDS MANAGEMENT, DOCUMENT RETENTION BY THE OFFICE OF THE CITY CLERK. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: WHEREAS, the City of Smyrna, Georgia desires to update its Code of Ordinances to clarify duties of the City Clerk regarding record retention; and WHEREAS, the City of Smyrna desires to have uniformity and consistency in its Code of Ordinances; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, that the Code of Ordinances of the City of Smyrna, Georgia, be amended by adding Article VI of Chapter 2 to read as follows: Section 2- Pursuant to the Georgia Records Act, O.C.G.A. § 50-18-90 et. Seq., the City of Smyrna adopts the records management plan and record retention schedules recommended by the Georgia Secretary of State as amended from time to time by future resolutions of the Mayor and Council of the City of Smyrna. The City Clerk shall coordinate all records management for the City including storage, archiving, and destruction of records. Records shall be maintained according to approved retention schedules. All requests made under the Georgia Open Records Act, O.C.G.A. § 50- 18-70 et. Seq. , excepting standardized routine requests of the Smyrna Police Department, the Smyrna Fire Department, and Smyrna Municipal Court shall be made to the City Clerk. No record shall be destroyed except as provided in the approved retention schedule, provided, however, a written record may be destroyed if it is otherwise preserved by means of microfiche, scanning or other reliable photographic or digital means. Changes to the retention schedules shall be adopted by resolution of the Mayor and Council. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect Records Management/Retention August 5, 2002 Ordinance 2002-12 the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Smyrna, Georgia on this5'+Ll day of August, 2002. A. Max Bacon, Mayor Attest: a4�.� a Sus n D. Hiott, CMC City Clerk Approved as to Legal Form: -j Scott Cochran, Attorney ORDINANCE No. 2002- 11 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING APPENDIX D, SECTION 2 (k) OF SAID CODE, PROVIDING THAT SIDEWALKS BE REQUIRED ON ALL NEW DEVELOPMENTS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix D, Section 2 (k) of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such section shall read as follows: When a development abuts a public right-of-way, sidewalks shall be required along the entire road frontage. Sidewalks will be required to be constructed on both sides of the road (if the development abuts both sides of the road) when the road is classified as an arterial, major collector or minor collector roadway. Sidewalks shall be constructed on one side of all internal streets within a subdivision. Sidewalk location and orientation may be altered under site specific conditions at the discretion of the City Engineer. Amenity areas must be accessible by sidewalks from the nearest sidewalk in a subdivision. All sidewalks must be installed prior to the acceptance of the subdivision by the City unless a performance bond is in place at the time of acceptance. Commercially zoned developments shall provide internal sidewalks and crosswalks to provide connectivity to sidewalks on abutting rights -of -way. Sidewalks shall be located a minimum of two (2) feet from the back of curb. Sidewalk location may be varied at the discretion of the City Engineer with prior approval. Sidewalks constructed within a subdivision along streets classified as local streets shall have a minimum width of four (4) feet and all others shall have a minimum width of five (5) feet. The concrete shall have a minimum compressive strength of three thousand pounds per square inch (3,000 psi) at twenty eight (28) days and a minimum depth of four (4) inches. Builders are required to install sidewalk prior to issuance of a Certificate of Occupancy by the City. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. ORDINANCE No. 2002-11 Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically decalred to be invalid or unconstitutional. Approved by Mayor and Council this 5th day of August, 2002. Attest: Susan D. Hiott, City Clerk City of Smyrna A. Max Bacon, Mayor Approved as to form: Scott A. Coc an, City Attorney City of Smyrna W APPROVAL BY THE COUNCIL OF THE CITY OF SMYRNA OF: MASTER LEASE AND SUBLEASE AGREEMENT DATED AS OF AUGUST 1, 2002 BY AND AMOUNG GENERAL ELECTRIC CAPITAL CORPORATION AS LESSOR, THE HOSPITAL AUTHORITY OF THE CITY OF SMYRNA, GEORGIA, AS LESSEE AND EMORY- ADVENTIST, INC. AS SUBLESSEE WHEREAS, under Section 147(f) of the Internal Revenue Code of 1986, as amended, and under Treasury Regulation Section 5f.103-2(e), the City of Smyrna (the "City") must approve the financing in the form of that certain Master Lease and SubLease Agreement dated as of August 1, 2002 by and among General Electric Capital Corporation, as Lessor, the Hospital Authority of the City of Smyrna, Georgia, as Lessee, and Emory -Adventist, Inc. as Sub -Lessee and Schedule No. 1 thereto dated of even date therewith by and among Lessor, Lessee, and Sub - Lessee (the "Lease"), because it is the governmental unit on behalf of which the Lease is to be entered into by the Hospital Authority of the City of Smyrna, Georgia (the "Issuer") and because it is the governmental unit having jurisdiction over the area in which the facility is to be located with respect to which financing is to be provided from the proceeds of the Lease and WHEREAS, under Treasury Regulation Section 5f.103-2(d), the City will approve the Lease only if its applicable elected representative approves the Lease following a public hearing held in a location which, under the facts and circumstances, is convenient for residents of the City and for which there was reasonable public notice; and WHEREAS, the Council of the City is the applicable elected representative of the City, within the meaning of Treasury Regulation Section 5f.103-2(e), because it is the City's elected legislative body; and WHEREAS, on August 5, 2002, at 3:00 p.m., at the offices of the counsel to the Issuer, at 2950 Atlanta Street, S.E. in Smyrna, Georgia, the Issuer, through its designated public hearing officer, conducted a public hearing on the Lease and the location and nature of the equipment to be financed with the proceeds of the Lease, notice of which was published in the Marietta Daily Journal on July 19, 2002; NOW, THEREFORE, THE MAYOR AND THE CITY COUNCIL RESOLVE AS FOLLOWS: The Mayor and Council of the City of Smyrna hereby approve the Lease: (a) the proceeds of which will finance the costs of acquiring, constructing, and installing certain medical equipment consisting principally of a mobile MRI device, a C-Arm and a portable x-ray unit and may also finance a portion of the costs of entering into the Lease, (b) the maximum aggregate face amount of which will not exceed $1,700,000, (c) the initial owner and operator of the equipment to be financed from the proceeds of which will be the Sub -Lessee, and 957856.1 ATLLIB01 1389821.1 (d) the location of the equipment to be financed from the proceeds of which will be 3949 Cobb Drive in Smyrna, Georgia. 2. This approval is solely for the purpose of complying with, and is to be construed in accordance with, the provisions of Section 147(f) of the Internal Revenue Code of 1986, as amended, and shall not result in or impose any pecuniary liability upon or constitute a lien upon the property of or a claim against the Issuer, the City, the State of Georgia, or any political subdivision thereof. APPROVED this 5th day of August, 2002. CITY OF SMYRNA (SEAL) By: ----------- --------------------------------------- Mayor Attest: D 11-A City Clerk -2- ATLLIB01 1389821.1