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2003 minutes (12) December 15, 2003 ... 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, 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, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Reverend Barbara Hatchell from First United Methodist Church, followed by the pledge to the flag. AGENDA CHANGES: MayorSacon stated agenda item 5E [Rezoning Request Z03-028 - Cobb County Heavy Industrial (HI), Light Industrial (Ll), RA-5 (Multi-Family) and R-20 (SFR) to City of Smyrna RAD Conditional- 75.48 Acre Tract - Land Lots 62, 63, 170, 176, 177, Oakdale Road near Dickerson Road - The Columns Group] will be tabled until the January 20, 2004 meeting. Mayor Bacon stated agenda item 6B [Approval of Application for Annexation - 75.48 Acre Tract - Land Lot 62, Parcel 26; Land Lot 63, Parcels 17, 18, 19 and 43; Land Lot 170, Parcels I, 15 and 18; Land Lot 176, Parcels 1,3, 7, and 9; Land Lot 177, Parcels 2,3,4,5 and 24; 18th District, 2nd Section - Oakdale Road - Columns Group] will tabled until the January 20, 2004 meeting. - Mayor Bacon stated agenda item 5G {Variance Requests V03-039 through V03-044 -Increase in Height for Free-Standing Sign [2]; Increase in Sign Area for Free-Standing Sign [2]; Approval of Use of Pole Sign in place of Monument Sign [2]; Approval of Additional Free-Standing Sign- 2750 Cobb Parkway - Nalley Lexus} will be tabled until the January 20,2004 meeting. CITIZENS INPUT: Mayor Bacon recognized Mr. Curt Johnston and students from Argyle Elementary School. Mr. Johnston wished everyone a happy holiday season, and introduced Principal Selena Andrews to those present. The students presented this month's character education words to those present. Mayor Bacon recognized Mr. Garry Osborne, who introduced some of the students from Campbell High School to those present. Council Member Wood read a Proclamation for Rotary Club of Smyrna Day to those present. Ms. Bennett recognized Messrs. Jimmy Freeman and Roy Strickland and commended them for the contributions they make to the community through their Rotary Club service. Mayor Bacon recognized Ms. Kirk, who presented the Image Enhancement Award to representatives of First United Methodist Church. ~ Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin asked Council Member Lnenicka to provide details concerning City code enforcement operations to December 15,2003 2 those present. Council Member Lnenicka stated the marshals are assigned to the Community Development Department, and provided details of their operations to those present. Mr. Martin expressed concern about numerous code violations he believes exist around the City, and presented photographs of areas he regards as possibly in violation to the Mayor and Council Members. Mayor Bacon asked Mr. Martin to contact Mr. Miller and the Community Development Department staff regarding his complaints. -- Mayor Bacon recognized Mr. Robinson, residing on Belmont Avenue, who expressed concern about traffic problems in his neighborhood. Mr. Robinson made a request for speed humps to be installed on his street. Council Member Scoggins stated he has observed some of the traffic problems Mr. Robinson described, and that efforts are under way to try to install appropriate countermeasures in the vicinity of the affected area. Mayor Bacon recognized Ms. Kristy Lott, a student at Campbell High School, who commended the Mayor and Council Members for the progress that has occurred in the City recently. Ms. Lott commended the Methodist Church for the efforts they have made to improve the City. Council Member Wood stated that Anderson, Hunt & Co. (AHC) conducts the City's audits. Council Member Wood stated the audit to be discussed at this meeting covers the fiscal year ending June 30, 2003. Council Member Wood recognized Ms. Edgar and Mr. Mike Hickenbottom, and Ms. Edgar stated this audit reflects provisions from GASB 34 which have been implemented. Ms. Edgar expressed appreciation to Mr. Hickenbottom and the staff of AHC for their assistance in the preparation of this report. Ms. Edgar stated that copies of the Comprehensive Annual Financial Report (CAFR) are available for distribution to citizens who wish to receive one. Ms. Edgar introduced Ms. Rachel Yarborough from AHC to those present, and Ms. Yarborough stated the results of the audit indicate the City's financial statements are fairly reported in accordance with generally accepted accounting principles (GAAPS). Ms. Yarborough provided details regarding this CAFR to those present, and presented some visual representations of pertinent data. Mayor Bacon asked Ms. Yarborough to comment on the City's overall financial condition, and Ms. Yarborough stated it is very good, and provided details to substantiate her assessment. Council Member Scoggins asked Ms. Yarborough if any inquiry by AHC has disclosed any financial misconduct attributable to City officials or staff, and Ms. Yarborough stated that none has been found. Council Member Wood asked Ms. Yarborough to comment on the internal controls the City has in place. Ms. Yarborough stated that inquiries conducted by AHC, including tests and interviews, have revealed no significant deficiencies that could result in inappropriate financial activity by the City. Council Member Wood asked Ms. Yarborough if inquiry by AHC has disclosed any questionable financial transactions conducted by the City, and Ms. Yarborough stated that none have been found. - MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Privilege License - Retail Pouring (Beer Only) - Appeal of Hearing Officer's Decision - KHM Enterprises DBA EI Pastor - 350 Pat Mell Road - Hyung Tae Kim, Agent Applicant ..... Mayor Bacon stated this is a public hearing and asked for public comment. There was none. December 15, 2003 3 ... Council Member Cramer stated the applicant in this instance is a new applicant. Council Member Cramer stated that on at least one previous occasion alcoholic drink was served to an underage person at the subject location. Council Member Cramer stated he would like for the applicant to provide details to those present regarding his plans for correcting procedures for alcoholic beverage sales at El Pastor. ... Mayor Bacon recognized Mr. Sam Han, and Mr. Han stated he is present to represent Mr. Kim, the applicant. Mr. Han distributed copies of proposed procedures to the Mayor and Council Members. Mr. Han stated that he recently met with Mr. Kim and Ofc. Andrew from the City police department to discuss proposals for correcting the procedures for alcoholic beverage sales at EI Pastor. Mr. Han stated the number of pool tables at EI Pastor will be reduced from twelve to eight. Mr. Han stated there will only be one entrance to EI Pastor, and Mr. Han stated he believes that having only one entrance will help EI Pastor staff to observe persons entering the premises. Mr. Han stated that the side doors of the establishment will be altered so that they cannot be used. Mr. Han stated that steps will be taken by EI Pastor staff to make sure there are no beer bottles on tables fifteen minutes before closing time. Mr. Han stated a sign will be posted on the premises to remind patrons that gambling is not allowed. Mr. Han stated steps will be taken to train EI Pastor staff members not to sell alcoholic beverages to persons who seem to be inebriated. Council Member Cramer asked Mr. Han if Mr. Kim has been furnished with a copy of the alcoholic beverage sales regulations and if Mr. Kim has read and understands them, and Mr. Han answered in the affirmative. Council Member Cramer stated that all EI Pastor servers must have permits and that training must be ongoing. Council Member Cramer stated that local law enforcement authorities conduct undercover inquiries to ensure compliance with alcoholic beverage sales regulations. Mr. Han stated that EI Pastor staff members who successfully complete an alcoholic beverage sales course provided by Cobb County receive a pay rate increase. Mayor Bacon stated it is important for Mr. Kim to understand his responsibilities as a licensed agent for alcoholic beverage sales. Council Member Weeks asked Mr. Han how many people are employed at EI Pastor and if they are newly hired. Mr. Han stated there are six employees, and he does not know when they were hired. Mr. Han stated that all the employees have permits. Council Member Lnenicka thanked Mr. Han for the efforts that have been made to try to correct some deficiencies in the procedures for selling alcoholic beverages at EI Pastor. Council Member Newcomb asked Ms. Edgar how the food to alcohol sales ratio at an establishment is determined. Ms. Edgar stated the pertinent data is obtained from a quarterly report. Ms. Edgar stated that additional information can be required from the licensee. Council Member Newcomb asked Mr. Kim what the hours of operation for El Pastor will be, and Mr. Kim stated EI Pastor is open until 4:00 a.m. during the week. Council Member Cramer stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Council Member Newcomb asked if the application under consideration covers extended hours, and Council Member Cramer stated it does not. Mayor Bacon asked Mr. Han if Mr. Kim understands that all servers at EI Pastor must have a permit, and Mr. Han answered in the affirmative. MOTION: Council Member Cramer made a motion to approve a privilege license request for retail pouring of beer only for KHM Enterprises DBA EI Pastor at 350 Pat Mell Road for Hyung Tae Kim, Agent. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. -- December 15, 2003 4 (B) Rezoning Request Z03-027 - Office Institutional (01) and Cobb County R-20 (SFR) to Limited Commercial- Conditional (LC-Conditional) - Land Lots 388, 389, 404, 405, North Cooper Lake Road near East/West Connector - 1.85 Acre Tract - Pembrook Child Care Development, Inc. -- Mr. Wright stated a request for rezoning the subject property has been made in order to build a daycare facility there. Mr. Wright stated that staff recommends approval of the rezoning subject to the dedication and construction of the improvements for North Cooper Lake Road as detailed in a staff memorandum. Mr. Wright stated the site must conform to the site plan submitted with the application. Mayor Bacon recognized Mr. Garvis Sams, and Mr. Sams stated he is an attorney representing both Pembrook Child Care Development, Inc. (PCC) and Mr. Gary Eubanks, the property owner. 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 asked Mr. Sams to explain the need for the requested rezoning to those present. Mr. Sams stated that both the Planning and Zoning Board (PZB) and City staff have recommended approval of the requested rezoning. Mr. Sams stated that a compendium of printed information providing a variety of data concerning the proposed project has been furnished to the reviewing officials. Mr. Sams stated the traffic impact study conducted for the subject area has been revised based on modifications to the infrastructure there. Mr. Sams stated that information concerning off-site sewer easements for the subject location which have been obtained are also included with the information packet. Mr. Sams stated an annexation request has also been submitted for the subject 1.85 acre tract. Mr. Sams stated a similar application was submitted during February of the current year which was withdrawn without prejudice. Mr. Sams stated he has met with City staff and officials to determine how the proposal can be positioned in an appropriate way for possible approval. Mr. Sams stated that the applicant has made commitments to the funding for the improvements for widening North Cooper Lake Road to 22' within the 50' right-of-way (ROW) as recommended by the City engineering department. Mr. Sams stated the applicant has undertaken the responsibility and logistics for installation of curbs, gutters and sidewalks on the frontage of North Cooper Lake Road to Cooper Lake Road. Mr. Sams stated the applicant has agreed to enhance berms, buffers and screening vegetation for certain residences on North Cooper Lake Road. Mr. Sams stated the applicant has agreed to make the LC zoning in this case conditional to the specified use only, thereby prohibiting all the other uses that would otherwise be permitted under the classification. Mr. Sams stated a right turn lane and a turn overlap phase northbound on Cooper Lake Road at East - West Connector have been recently added. Mr. Sams stated that the applicant also has the support ofVinings Estates HOA and John Wieland Homes. Mr. Sams stated that no opposition has been encountered from Lakeview at Vinings subdivision, Chimney Oaks subdivision, and Summer Place subdivision. - Mayor Bacon recognized Mr. Peter Blackwood, representing the Vinings Estates Homeowners Association (HOA), who expressed support for the facility proposal as set forth in the plans submitted. Mayor Bacon recognized Mr. Jerry Petty, residing at 4508 North Cooper Lake Road, and Mr. Petty expressed concerns about traffic safety, fire safety and other matters in the affected area. Mr. Petty stated there are underutilized daycare centers already in town, and expressed doubts about the need for another daycare center in the area. -- December 15, 2003 5 - Mayor Bacon recognized Ms. Valerie Stryker, and Ms. Stryker expressed concern about traffic safety in the subject area. Ms. Stryker stated she and Mr. Petty have conducted a poll in the surrounding area regarding the proposed project, and that she believes many people are opposed to the planned daycare center. Council Member Scoggins asked Mr. Petty if a daycare facility close to the neighborhoods in the subject area could possibly be beneficial to the children of the residents there. Mr. Petty provided details of his concerns regarding traffic safety in the subject area to those present. Council Member Scoggins stated improvements have been made to the roadways in the subject area. Mayor Bacon recognized Ms. Elizabeth Fawcett, residing at 4558 North Cooper Lake Road, who expressed opposition to the proposed daycare center on the basis of traffic safety concerns. Mayor Bacon recognized Mr. Jim Walston, residing at 725 Cooper Lake Road, and Mr. Walston provided details of his concerns regarding traffic safety in the subject area to those present. Mr. Walston expressed the view that the subject property is not a good location for a daycare center. Mr. Walston stated a daycare center at the proposed location will generate more traffic in the subject area. - Council Member Wood asked Mr. Miller to address some of the concerns voiced about traffic safety in the subject area. Mr. Miller stated he has consulted with Chief Williams regarding the operation of emergency vehicles in the subject area, and that Chief Williams has advised that fire department vehicles should have no difficulty operating there. Mr. Miller acknowledged that the planned development will result in increased traffic in the subject area because the proposed site is currently vacant. Mr. Miller stated the intersection of East - West Connector and North Cooper Lake Road has undergone improvements which will make it possible for the increased traffic to be accommodated. Mr. Miller stated a professional traffic study indicates the volume of traffic to be introduced into the intersection of Cooper Lake Road and North Cooper Lake Road will not exceed the acceptable capacity for theses roads as set forth in standards adopted by the State, Cobb County and the City of Smyrna. Mr. Miller stated that although the number of trips is expected to increase as a result of the proposed daycare center, the volume of traffic is not expected to create congestion or unsafe situations. Council Member Wood asked Mr. Miller how many additional trips are expected to result from the proposed project, and Mr. Miller stated traffic surveys indicate less than 100 trips during a morning peak traffic hour will be generated. Council Member Cramer asked Mr. Hildebrand why there is no acceleration/deceleration lane there. Mr. Hildebrandt stated that an acceleration/deceleration lane can be prescribed during the plan review process if determined to be necessary. Council Member Lnenicka asked Mr. Hildebrandt if the intersection is safe for the proposed zoning, and Mr. Hildebrandt expressed the view that it is safe considering the 35 mph speed limit on Cooper Lake Road. Mr. Hildrebrandt stated the applicant has not furnished a sight distance profile for Cooper Lake Road. Mr. Hildebrandt stated he believes the sight distance is adequate for the posted speed limit in that area. Council Member Lnenicka asked Mr. Hildebrandt ifhe has any suggestions for speed control on Cooper Lake Road, and Mr. Hildebrandt stated that police enforcement is one possible means for speed control. Council Member Lnenicka asked Mr. Hildebrandt if requirements for the developer to make modifications to the intersection could come about during the plan review process if determined to be necessary. Mr. Hildebrandt stated that sight distance exceeding the levels necessary for 35 mph traffic should be provided because there is no way to be certain that motorists will observe the speed limit. Council Member Lnenicka asked Mr. Hildebrandt if the developer will be required to provide sight distance levels exceeding the requirements for 35 mph traffic, and Mr. Hildebrandt answered in the affirmative. Mr. Hildebrandt stated the addition of the right-turn lane at the East - West Connector intersection has helped to channel traffic more - December 15, 2003 6 efficiently through that area. Ms. Stryker expressed concerns about wells and possible blasting in the subject area. Ms. Stryker stated that Chief Williams was shown a copy of the plans for the proposed day care center and that Chief Williams stated emergency vehicles would have difficulty operating there. Mr. Petty provided details of Cobb County Department of Transportation ROWand sight visibility requirements to those present. Mr. Sams stated that there are no subsurface geological formations at the subject location which will require blasting. Mr. Sams stated the developer is required to comply with minimum intersection sight distance requirements. Mr. Sams stated that if sight distance requirements cannot be met, then a proposed project simply does not get built. Mr. Miller stated that the question of emergency vehicles operating in the subject area was posed to Mr. David Thomas, a plan reviewer for the fire department, at the last PZB meeting. Mr. Miller stated that both Mr. Thomas and Chief Williams have indicated that possible difficulty operating emergency vehicles in the subject area is not an issue. Mayor Bacon recognized Chief Williams, and Chief Williams stated he was shown a drawing of the street in the subject area. Chief Williams stated if the same street were to be built today, there would be a cul-de-sac and the bridge would meet weight requirements for carrying a fire truck. Chief Williams stated the proposed development is very close to the road, so turn around is not an issue, and neither is the bridge. Chief Williams stated it is possible other issues could be identified during the plan review process, but that a review of the plan in its present form does not show any problems that cannot be dealt with. Council Member Wood asked Mr. Sams if Mr. Sams can provide any information about the concern voiced regarding wells. Mr. Sams stated the proposed development will not impinge upon any well in the subject area, and that the Clean Water Act requires remedial measures to make certain that no inundation or intrusion of ground water into a well occurs. Council Member Lnenicka asked Mr. Sams to summarize the stipulations the applicant may be willing to agree to. Mr. Sams stated the applicant will agree to the LC zoning for the proposed use only, which will eliminate all the other uses which would otherwise be permitted under the LC classification. Mr. Sams stated the applicant will agree to the architectural style shown in illustrations furnished to the reviewing officials for the proposed construction as a zoning stipulation. Mr. Sams stated the applicant will agree to comply with the conclusions and recommendations of the revised traffic study which was conducted for the proposed project, as well as additional conclusions and recommendations which may be made by City staff. ~ .... (C) Approval of Application for Annexation - Land Lots 388, 389, 404, 405 - 1.683 Acre Tract - New Cooper Lake LLC Mr. Wright stated the City Engineer has reviewed the submitted legal description with satisfactory results and that the proposed annexation has been advertised as required by law. 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 the application for annexation for a 1.683 acre tract in Land Lots 388, 389, 404 and 405 for New Cooper Lake LLC to become a part of Ward 7 with an effective date of January 1,2004. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. MOTION: Council Member Wood made a motion to approve Rezoning Request Z03-027 from Office Institutional (01) and Cobb County R-20 (SFR) to Limited Commercial - Conditional (LC-Conditional) for a tract in Land Lots 388, 389, 404 and 405 at North Cooper Lake Road near East/West Connector for Pembrook Child Care Development, Inc. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. - December 15, 2003 7 (D) Land Use Change Request Z03-027 - Low Density Residential to Neighborhood Activity Center - Land Lots 388, 389, 404, 405, North Cooper Lake Road near East/West Connector - 1.85 Acre Tract - Pembrook Child Care Development, Inc. - 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 Land Use Change Request Z03- 027 from Low Density Residential to Neighborhood Activity Center for a tract in Land Lots 388, 389,404 and 405 at North Cooper Lake Road near East/West Connector for Pembrook Child Care Development, Inc. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (E) Rezoning Request Z03-028 - Cobb County Heavy Industrial (HI), Light Industrial (L1), RA-5 (Multi-Family) and R-20 (SFR) to City of Smyrna RAD Conditional- 75.48 Acre Tract - Land Lots 62, 63, 170, 176, 177, Oakdale Road near Dickerson Road - The Columns Group Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mayor Bacon stated he has received correspondence from the Cobb County Historical Preservation Commission indicating some remnants of American Civil War period earthworks may be on the subject property and that the Commission has requested that an archaeological examination of the property be conducted before any land disturbance commences. Council Member Wood stated the developer is presently reviewing the proposed project for possible plan reVISIOns. - MOTION: Council Member Wood made a motion to table Rezoning Request Z03-028 from Cobb County Heavy Industrial (HI), Light Industrial (L1), RA-5 (Multi-Family) and R-20 (SFR) to City of Smyrna RAD Conditional for a 75.48 acre tract in Land Lots 62, 63, 170, 176, 177, at Oakdale Road near Dickerson Road for The Columns Group to the January 20, 2004 council meeting. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (F) Approval of Application for Annexation -75.48 Acre Tract - Land Lot 62, Parcel 26; Land Lot 63, Parcels 17, 18, 19 and 43; Land Lot 170, Parcels 1, 15 and 18; Land Lot 176, Parcels I, 3, 7, and 9; Land Lot 177, Parcels 2, 3, 4, 5 and 24; 18th District, 2nd Section - Oakdale Road - The Columns Group MOTION: Council Member Wood made a motion to table approval of application for annexation for a 75.48 acre tract in Land Lot 62, Parcel 26; Land Lot 63, Parcels 17, 18, 19 and 43; Land Lot 170, Parcels 1,15 and 18; Land Lot 176, Parcels 1,3,7, and 9; Land Lot 177, Parcels 2, 3, 4, 5 and 24; 18th District, 2nd Section near Oakdale Road for The Columns Group to the January 20, 2004 council meeting. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (G) Variance Request V03-037 - Permit for Truck Rental Facility on Less Than Two Acres- 2517 Spring Road - Clean Emissions, Inc. Mr. Wright stated the applicant is proposing to rent U-Haul trucks at this location which - December 15, 2003 8 currently also serves as an emissions center. Mr. Wright stated that because no unusual circumstances or a clear hardship have been identified by the applicant, staff does not recommend approval of the variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. .... Council Member Pritchett recognized Mr. Simon Huysamen. Council Member Pritchett stated City zoning regulations require a lot size of two or more acres for automobile, truck and trailer leasing establishments. Council Member Pritchett asked Mr. Huysamen to explain to those present why he is requesting a variance. Mr. Huysamen stated he is seeking an additional source of business revenue because the revenues from emissions testing are not adequate to offset the expenses incurred by operating a business at the subject location. Mr. Huysamen stated a truck rental business could provide a valuable service to the community because of the number of people moving into this area. Mr. Huysamen stated the rental vehicles will be arrayed on the subject property in an orderly fashion. Council Member Pritchett asked Mr. Huysamen how many rental vehicles he anticipates storing at the subject location, and Mr. Huysamen stated there will be spaces for fifteen rental vehicles. Council Member Pritchett asked Mr. Huysamen to provide any information he may have which might substantiate a hardship need for the requested variance. Mr. Huysamen stated he will maintain the business premises in a neat and orderly manner. Council Member Scoggins asked Mr. Huysamen if all the rental vehicles will be single- axle types, and Mr. Huysamen answered in the affirmative. Council Member Newcomb stated the reason two acres are required by ordinance in this case is to help provide orderly zoning of properties. Council Member Newcomb stated variances are considered for reasons of hardship, and that there does not appear to be any unusual characteristics or circumstances associated with the subject property. Council Member Pritchett stated that staff analysis of the variance request indicates no unusual circumstances or a clear hardship have been identified. MOTION: Council Member Pritchett made a motion be deny Variance Request Y03-037 for a permit for a truck rental facility on less than two acres at 2517 Spring Road for Clean Emissions, Inc. because the subject lot does not meet minimum size requirements for the proposed use and, in her opinion, no evidence of hardship has been demonstrated. The motion was seconded by Council Member Newcomb. Motion to deny the request was approved 7 - O. (H) Variance Requests V03-039 through V03-044 -Increase in Height for Free-Standing Sign [2]; Increase in Sign Area for Free-Standing Sign [2]; Approval of Use of Pole Sign in place of Monument Sign [2]; Approval of Additional Free-Standing Sign - 2750 Cobb Parkway - Nalley Lexus - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Pritchett made a motion to table Variance Requests Y03-039 through Y03-044 for increase in height for free-standing sign [2]; increase in sign area for free- standing sign [2]; approval of use of pole sign in place of monument sign [2]; approval of additional free-standing sign at 2750 Cobb Parkway for Nalley Lexus to the January 20, 2004 council meeting. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (I) Privilege License Request - Retail Pouring (Beer & Wine) - Zoka's Mediterranean Place DBA Zoka's Place - 2506 Atlanta Road #8 - Joseph M. Briglevich, Agent Applicant Mr. Wright stated the requested license is for retail pouring of beer and wine. Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude .... December 15, 2003 9 issuance of the requested license. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Scoggins recognized Mr. Briglevich. Council Member Scoggins asked Mr. Briglevich if it is correct that he has never had a license ofthis type before, and Mr. Briglevich answered in the affirmative. Council Member Scoggins asked Mr. Briglevich to explain to those present his plans for making certain that alcoholic beverages will be sold in a lawful manner at Zoka's Place (ZP). Mr. Briglevich stated that all ZP patrons requesting to purchase wine or beer will be required to present proper identification. Council Member Scoggins asked Mr. Briglevich how many pool rooms will be on the premises at ZP, and Mr. Briglevich said there will be one. Council Member Scoggins stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Council Member Pritchett stated that a memorandum from Chief Hook indicates Mr. Juric will work at ZP for 4 to 5 hours a day. Council Member Pritchett asked who will be monitoring store operations during other times. Mr. Briglevich stated that no alcoholic beverages will be sold at ZP when he is not there. Council Member Pritchett asked Mr. Briglevich if alcoholic drinks will primarily be served to accompany meals. Mr. Briglevich stated that patrons playing pool may also be served alcoholic drinks, but he expects wine and beer to usually be sold along with meals. Council Member Pritchett asked Mr. Briglevich how he intends to make certain that alcoholic beverages are sold in a lawful manner at ZP if he plans to be on the premises during only about half of the scheduled hours of operation. Mr. Briglevich stated that no alcoholic beverages will be sold at ZP when he is not there, and that all alcoholic beverages at ZP will be kept in a locked cabinet. Mr. Briglevich stated that food and non-alcoholic beverages may be sold at ZP when he is not there, and that a sign will be posted on the premises advising customers of the hours during which alcoholic beverages may be purchased at ZP. Council Member Scoggins asked Mr. Briglevich ifhe is aware that local law enforcement authorities conduct undercover inquiries to ensure compliance with alcoholic beverage sales regulations, and Mr. Briglevich answered in the affirmative. MOTION: Council Member Scoggins made a motion to approve the privilege license request for retail pouring for beer and wine for Zoka's Mediterranean Place DBA Zoka's Place at 2506 Atlanta Road #8 for Joseph M. Briglevich, Agent. The motion was seconded by Council Member Newcomb. Motion was approved 6 - 0, with Council Member Pritchett abstaining. (J) Variance Request V03-045 - Extended Working Hours - Smyrna Market Village - G. K. Johnson Mr. Wright stated that the City ordinances limit hours for construction work to 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturday. Mr. Wright stated the applicant is requesting that construction be allowed at the subject location from 7:00 a.m. to 7:00 p.m. Monday through Saturday until the construction of Phase Two is completed. Mr. Wright stated that staff recommends approval of this extended working hours request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Scoggins recognized Mr. G. K. Johnson, and asked Mr. Johnson ifit is correct that his request no longer includes extended hours for Sundays, and Mr. Johnson answered in the affirmative. Council Member Scoggins asked Mr. Johnson if it is correct that his request is that construction be allowed at the subject location from 7:00 a.m. to 7:00 p.m. Monday through Saturday, and Mr. Johnson answered in the affirmative. Council Member Weeks asked Mr. Johnson if the residents of the Market Village are aware of this request, and Mr. Johnson stated December 15,2003 10 he has received no complaints. MOTION: Council Member Scoggins made a motion to approve Variance Request V03-045 for extended working hours at Smyrna Market Village for G. K. Johnson from 7:00 a.m. to 7:00 p.m. Monday through Saturday with no work allowed on Sundays. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - (K) Rezoning Request Z03-025 - R-20 SFR (Cobb County) to RAD Conditional - 4.17 Acre Tract - East Side of Oak dale Road - John DeYonker Mr. Wright stated the applicant is proposing to rezone the property for construction of20 single- family homes at a density of 4.79 units per acre. Mr. Wright stated that staff recommends approval ofthe rezoning subject to a number of 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. Mark Shaw, and asked Mr. Shaw to provide details concerning his plans for the subject property to those present. Mr. Shaw stated the proposed homes will be at least 2,200 s.f. in size. Mayor Bacon recognized Ms. Margaret Thompson, residing at 4952 Whiteoak Street, who stated she would like for the proposed development to have a lower level of density. Ms. Thompson expressed concern about possible erosion in the subject area that could result from the development. Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, who stated the proposed density of the project is too high to protect the environment. Ms. Barnes stated the proposed density is high in comparison to other developments. Ms. Barnes expressed concerns about traffic safety associated with the proposed development. Ms. Barnes expressed concerns about possible water run-off problems and possible erosion problems associated with the proposed development. Ms. Barnes expressed concerns about grading and tree removal associated with the proposed development. Ms. Barnes stated the grading proposed for the development does not meet the criteria for State and Federal clean water standards. Ms. Barnes expressed concerns about possible blasting associated with the proposed development. Ms. Barnes expressed concerns about possible disturbance to historically significant American Civil War period earthworks in the subject area. Ms. Barnes expressed concerns about the exterior finish materials and architectural features to be used on the proposed structures. .... Mayor Bacon recognized Mr. Russell Bridges, residing at 5971 Turner Road, who expressed concern about development being impeded and money being wasted on archaeological studies because of American Civil War period earthworks which may be in the subject area. Mr. Bridges stated many of these fortifications seem to be deteriorated and of limited value. Mr. Shaw stated that finishing the exteriors of the proposed structures with brick, stone, stucco or architectural shake on at least three sides is not an achievable objective for this project. Mr. Shaw stated that hardiplank siding will be used on the new houses. Mr. Shaw stated there is limited land at the subject site for construction of a deceleration lane. Mr. Shaw stated that it will be possible to install some landscaping near the entrance to the development. Mr. Shaw stated it will be possible to donate some additional ROW space in the subject area. Mr. Shaw stated a homeowners association (HOA) will be formed for the proposed community. Mr. Shaw stated a ... December 15,2003 11 - level one archaeological study will be made at the subject site if required. Council Member Lnenicka asked Mr. Shaw ifhe will be willing to have some type of water detention facility built on the subject property if it is determined in the plan review process to be necessary, and Mr. Shaw answered in the affirmative. Council Member Lnenicka asked Mr. Shaw about installation of upgraded exterior finish materials on three or four sides of the proposed structures. Mr. Shaw stated he believes the current proposal for three-sided hardiplank siding exteriors is what will be received favorably in the housing market. Mayor Bacon asked Mr. Shaw how much the price of each house would increase if they had brick exterior finishes on four sides, and Mr. Shaw stated the difference would range between $10,000 and $20,000. Council Member Weeks stated she is concerned about the level of density proposed for the development. Mr. Shaw stated he tries to reach a balance between what people want to see built and what makes sense from a business standpoint. Mr. Shaw stated it would be difficult to reduce the number of planned structures by even one unit. Council Member Wood asked Mr. Shaw ifhe will agree to have a masonry or wrought iron fence, or a combination of the two, installed along Oakdale Road, and Mr. Shaw answered in the affirmative. Council Member Wood asked Mr. Shaw ifhe will agree to have 20' of pavers or stamped concrete at the entrance to the internal streets installed, and Mr. Shaw answered in the affirmative. At Council Member Wood's request, Mr. Miller read the following list of stipulations for the proposed project: I. The development shall be limited to a total density of 4.79 units per acre and shall otherwise conform to the site plan provided to the Planning and Zoning Board with the application package. 2. The development will maintain the following setbacks: Front - 22' (from face of curb), Rear - 20' and Side - 5'. - 3. Per the City Engineer, the development shall provide a public right-of-way for the internal street with a width of 50' for the street and 60' in the cul-de-sac. 4. Each residence will be a minimum of 2,200 square feet in area and conform to the architectural renderings provided by the applicant with the rezoning package. The residences on Lots I and 20 shall have four-sided brick, stone, stucco or architectural shake elevations. 5. There shall be protective covenants on all lots. 6. Any necessary retention ponds for the development shall be placed and screened appropriately to be unobtrusive outside and inside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a I DO-year storm event. The City Engineer shall approve all plans. 7. All utilities within the development shall be underground. 8. 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. 9. The protective covenants shall be supplied to the City prior to the issuance of a building permit. - 10. No debris may be buried on any lot or common area. December 15,2003 12 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. A wrought iron, or similar material, fence shall be provided along the frontage on Oakdale Road for the extent ofthe development. - 13. Each lot shall have three 4" caliper trees replanted per lot. 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 At Council Member Wood's request, Mr. Miller read the following list of additional recommended stipulations: 1. The developer shall install a deceleration lane at the entrance ifrequired by the City Engineer. 2. The developer shall install sidewalks along Oakdale Road where needed beside the deceleration lane if a deceleration lane is required by the City Engineer. 3. There shall be a landscaped front entrance, with monument, indicating the name of the development. 4. The developer shall install a 6' high masonry wall, wrought iron fence, or a combination of both along Oakdale Road. ... 5. The developer shall donate and convey additional right-o.fway on Oakdale Road such that a minimum of 50' right-o.fway width can be achieved as measuredfrom the centerline if required by the City Engineer. 6. There shall be a mandatory homeowners association for the development and maintenance of any common areas. 7. Developer shall consult with the Community Development Director or his designee to determine whether it is necessary to conduct a level one archaeological study to determine if there are Civil War trenches or shoupades [sic] on the property. Developer agrees to protect any such features established in the study. Mr. Shaw stated it may be better to have a third party determine whether or not an archaeological study is needed. Mayor Bacon stated he would prefer to see the proposed structures have brick exterior finishes on all four sides. FORMAL BUSINESS: (A) Approval of Application for Annexation - Land Lot 752, Oakdale Road - 4.805 Acre Tract - Hugh Mann, et al. Mr. Wright stated the City Engineer has reviewed the submitted legal description of the subject property with satisfactory results. - December 15,2003 13 - MOTION: Council Member Wood made a motion to approve the application for annexation of a 4.805 acre tract in Land Lot 752 near Oakdale Road for Hugh Mann, et al. to become a part of Ward 7 with an effective date of January 1,2004. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. MOTION: Council Member Wood made a motion to approve Rezoning Request Z03-025 from R-20 SFR (Cobb County) to RAD Conditional for a 4.17 Acre Tract on the east side of Oakdale Road for John De Yonker subject to all stipulations read into the record by Mr. Miller. The motion was seconded by Council Member Cramer. Motion was approved 6 - I, with Council Member Weeks in opposition. (B) Approval of Resolution Regarding TEFRA Hearing for the Housing Authority of the City of Smyrna Mr. Wright stated the purpose of this resolution is to approve tax-exempt financing for the purchase and renovation of the Carriage House apartments. Mr. Wright stated staff recommends denial of this measure as the parties have agreed to maintain current ownership and work toward redevelopment of the property as part of the City's Atlanta Road Corridor Tax Allocation District. MOTION: Council Member Wood made a motion to deny the Resolution for the TEFRA measure for the Housing Authority ofthe City of Smyrna. The motion was seconded by Council Member Cramer. Motion to deny the measure was approved 7 - O. (C) Recording of the November 25,2003 General Election Run-Off Election Results - Mr. Wright stated the election summary was certified by Sharon Wingfield. Mr. Wright stated Michael McNabb received a majority of the votes cast, and will hold the Ward 4 office for four years beginning on the first Monday in January, 2004. Mr. Wright stated Mike McNabb received 452 votes, and Howard Smith received 209 votes. MOTION: Council Member Wood made a motion to approve the recording of the November 25, 2003 general election run-off election results. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (D) Approval of Revision of the Tax Allocation District (TAD) Resolution Mayor Bacon expressed appreciation to all the Cobb County officials who voted in favor of approving the TAD measure for the City of Smyrna. Mr. Wright stated the resolution will authorize the Mayor to execute intergovernmental agreements with the Cobb County Board of Commissioners and the Cobb County Board of Education to implement the TAD measure which was approved by both of the boards this month. MOTION: Council Member Wood made a motion to approve the Resolution as defined by Mr. Wright concerning Tax Allocation District Number 1. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (E) Reappointment of Ward 6 Representative to the Planning and Zoning Board - Council Member Lnenicka expressed appreciation to Mr. Don Mitchell for his service on the December 15, 2003 14 Planning and Zoning Board as the Ward 6 Representative. MOTION: Council Member Lnenicka made a motion to reappoint Mr. Don Mitchell to another two-year term on the Planning and Zoning Board beginning January 1, 2004. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - COMMERCIAL BUILDING PERMITS: (A) 4,128 s.f. Bank Building - 4500 South Cobb Drive - RBC Centura Bank Council Member Lnenicka stated the plans for the proposed bank building call for a brick exterior on all four sides and landscaping. MOTION: Council Member Lnenicka made a motion to approve the commercial building permit for RBC Centura Bank. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (B) 64,250 s.f Addition - 40 I 0 King Spring Road - Griffin Middle School Council Member Wood stated the proposed addition will be extensive. MOTION: Council Member Wood made a motion to approve the commercial building permit for Griffin Middle School. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. *Council Member Scoggins made a motion to suspend the rules to add item 8F to the consent agenda. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. - *Council Member Scoggins made a motion to add item 8F [Approval ofInstallation of Two Patio Tents at Atkins Park Tavern (Seasonal Use)] to the consent agenda. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of December 1,2003 Minutes (8) Amendment to November 17,2003 Minutes At the regular council meeting on November 17,2003, annexation of 1795 Donna Lynn Drive (Land Lot 632, Parcel I) was approved. The City Engineer has reviewed the legal description used for the annexation with satisfactory results. The acreage of the subject tract was recalculated, and determined to be 0.62 acres, more or less, which is slightly larger than the size initially reported. It is requested that amendment to the November 17,2003 minutes be approved to correct item 5D to reflect the recalculated acreage for the subject tract. (C) Approval of Extension ofIntergovernmenta1 Agreement with Cobb County through February 28, 2004 (D) Approval of Extension of the Moratorium on the Issuance of Privilege Licenses for Vehicle for Hire until January 20, 2004 ... December 15, 2003 15 (E) Approval for Forest Hills Preservation Group to use the Council Chamber, January 21, 2004 at 7:00 p.m. - *(F) Approval oflnstallation of Two Patio Tents at Atkins Park Tavern (Seasonal Use) Mr. Kevin Draw has requested permission to install two 15' x 15' white canvas tents to cover the patio area of Atkins Park Tavern during the winter months. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Ciaccio, and Mr. Ciaccio provided details of the holiday schedule for the various Parks and Recreation Department facilities to those present. Council Member Pritchett commented favorably on the Christmas decorations and activities presented by the Parks and Recreation Department. Council Member Pritchett recognized Mr. Seigler, and Mr. Seigler provided details of upcoming programs and events at the City Library. Mr. Seigler wished everyone a Merry Christmas on behalf of the library staff. Council Member Pritchett recognized Ms. Bennett, who had no report. Council Member Pritchett wished everyone a happy and safe holiday. - Council Member Newcomb recognized Mr. Corey, and Mr. Corey reminded everyone about the employees Christmas luncheon this week. Mr. Corey wished Council Members Cramer and Weeks good luck. Council Member Scoggins recognized Chief Hook, who provided details concerning current City police operations to those present. Council Member Scoggins recognized Chief Williams, who provided details regarding the shop with afire fighter program. Chief Williams stated that this worthwhile activity also includes personnel from various other City departments. Chief Williams provided details of accidents associated with weather conditions to those present. Chief Williams reminded everyone to be mindful of their safety during the holiday season and suggested that homeowners obtain a carbon monoxide detector for their homes. Chief Williams wished everyone a happy and safe holiday. Mayor Bacon commended the employees at S. P. Richards Company in Smyrna for their efforts to collect and distribute Christmas presents to youngsters who might not otherwise receive any. Chief WilIiams stated that the employees ofthe City are involved in many activities which benefit the community during the holiday season. Council Member Scoggins wished everyone a Merry Christmas and a safe and prosperous New Year in the City of Smyrna. Council Member Weeks recognized Ms. Hiott, who had no report. ... Council Member Weeks wished everyone a happy holiday season, and commented favorably on the recent approval of the TAD measure for the City. Council Member Weeks urged citizens to contribute to their community through volunteer service whenever possible. December 15, 2003 16 Council Member Cramer recognized Ms. Kirk, who provided details of recent and upcoming Keep Smyrna Beautiful activities to those present. Ms. Kirk wished everyone a happy holiday season. - Council Member Cramer recognized Mr. Hildebrandt, who had no report. Council Member Cramer recognized Mr. Stokes, who provided details of the holiday schedule for sanitation service to those present. Council Member Lnenicka recognized Mr. Chris Miller, and Mr. Miller expressed appreciation to the Mayor and Council Members for their assistance with the TAD measure. Mr. Miller provided details of current permit statistics to those present. Council Member Lnenicka congratulated Council Members Newcomb and Pritchett on being elected to serve as officers of the Cobb Municipal Association. Council Member Lnenicka stated that Cobb County District 2 Commissioner Joe Thompson has informed him that the County has received some Federal funds through Georgia Regional Transportation Authority for road improvements. Council Member Lnenicka stated that some of these funds will be used for improving the bridge on Atlanta Road over the Chattahoochee River. Council Member Lnenicka expressed appreciation to the Commissioners for their support of that project. Council Member Lnenicka reminded those present that his website is operational and will be used to help disseminate bulletins, newsletters and other information. Council Member Lnenicka wished everyone a happy and safe holiday. Council Member Wood recognized Ms. Edgar, who had no report. - Council Member Wood stated he has enjoyed working with Council Members Cramer and Weeks. Council Member Wood wished everyone a happy and safe holiday. Mr. Wright commented favorably on the CAFR, and commended Ms. Edgar and the Finance Department staff for their professionalism and hard work. Mr. Wright stated the approval of the TAD measure is a very positive development with great potential for improving Smyrna in the coming years. Mr. Wright commended Mr. Chris Miller for the efforts he put forth coordinating the TAD project. Mr. Wright wished everyone a Merry Christmas. Mr. Cochran wished Council Members Cramer and Weeks good luck, and stated he has enjoyed working with them. Mr. Cochran wished everyone a Merry Christmas. CITIZENS INPUT: Mayor Bacon wished everyone a Merry Christmas and a Happy New Year. Mayor Bacon stated the new year will mark the end ofthe current term of office, and that it has been an exceptionally eventful term. Mayor Bacon stated he looks forward to the new direction and ideas the two new council members will bring, and that he looks forward to continue working with the incumbents as well. Mayor Bacon expressed appreciation to Council Members Cramer and Weeks for their service to the City. Mayor Bacon reminded those present not to forget those less fortunate during the holiday season. "-' December 15, 2003 ADJOURNMENT: 17 - With no further business, the meeting was adjourned at 11: 19 p.m. - c1~~w~ ... .rj~)f)~ SU AN D. HIOTT, CITY CLE K '~.,J J~ RON NEWCOMB, WARD 2 RESOLUTION .. A RESOLUTION AUTHORIZING THE CITY OF SMYRNA TO ENTER INTO INTERGOVERNMENT ALAGREEMENTS WITH COBB COUNTY AND THE COBB COUNTY BOARD OF EDUCATION RELATING TO TAX ALLOCATION DISTRICT NUMBER ONE AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENTS AND ANY OTHER DOCUMENTS NECESSARY TO ESTABLISH TAX ALLOCATION DISTRICT NUMBER ONE. WHEREAS, the City of Smyrna previously established Tax Allocation District Number One at a regularly scheduled meeting; and WHEREAS, Cobb County and the Cobb County Board of Education have each adopted resolutions regarding Smyrna's Tax Allocation District Number One; and WHEREAS, each of the resolutions adopted by Cobb County and the Cobb County Board of Education contemplate intergovernmental agreements with the City of Smyrna; and NOW, THEREFORE, THE COUNCIL OF THE CITY OF SMYRNA HEREBY RESOLVES AS FOLLOWS: The City is authorized to enter into intergovernmental agreements with Cobb County and the Cobb County Board of Education as referenced and specified in the resolutions adopted by Cobb County and the Cobb County Board of Education relating to Smyrna's Tax Allocation District ..... Number One. The Mayor of Smyrna is authorized to execute the intergovernmental agreements referenced above as well as any other documents necessary to establish Tax Allocation District Number One. So resolved by the Mayor and Council this 15th day of December, 2003. f~~ A. Max Bacon, Mayor Attest: ~O.~ Susan . Hiott, City Clerk ../ ~ ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number 2003-4 Land Lot 388,389,404,405 Acres 1.683 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, and at least 60 percent of the resident electors, 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 December 15, 2003 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 ofthe area to be annexed and ofthe citizens of the mU!1icipality; 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. \0.. ~ SO ORDAINED by the City Council of the City of Smyrna, this December, 2003. A. Max Bacon, Mayor ... n5\~..,.aAL D . ~ ~. Hiott, City Clerk City of Smyrna scoL~~AttorneY City of Smyrna ../' ~ 2003-4 - Exhibit A All that tract or parcel ofland lying and being in Land Lots 388, 389, 404 and 405 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: - Beginning at the intersection of the northerly right-of-way of Cooper Lake Road (R/W varies) and the easterly right-of-way of North Cooper Lake Road (50' R/W); thence along easterly right- of-way north 25 degrees 23 minutes 58 seconds west, 251.27 feet to a point; thence north 31 degrees 27 minutes 04 seconds west, 45.30 feet to a point; thence along a curve to the left, an arc distance of 128.77 feet, said curve having a radius of 151.30 feet and being subtended by a chord of 124.92 feet, at north 55 degrees 50 minutes 00 seconds west, to a point; thence north 87 degrees 22 minutes 13 seconds west, 133.27 feet to a point, thence leaving said right-of-way north 02 degrees 37 minutes 47 seconds east, 2.63 feet to a point, said point being the point of beginning for the annexed parcel; thence north 89 degrees 53 minutes 24 seconds west, 102.25 feet to a point; thence north 46 degrees 15 minutes 26 seconds east, 31.09 feet to a point; thence north 70 degrees 37 minutes 55 seconds west, 183.49 feet to a point; thence north 46 degrees 12 minutes 19 seconds east, 84.84 feet to a point; thence north 14 degrees 03 minutes 24 seconds east, 80.00 feet to a point; thence north 02 degrees 38 minutes 36 seconds west, 49.80 feet to a point along the southerly right-of-way of the East-West Connector (RIW varies); thence along said right-of-way along a curve to the right, an arc distance of 117.16 feet, said curve having a radius of 1,293.64 feet and being subtended by a chord of 117.12 feet, at south 69 degrees 27 minutes 00 seconds east, to a point; thence south 23 degrees 08 minutes 40 seconds west, 21.50 feet to a point; thence south 66 degrees 23 minutes 17 seconds east, 20.76 feet to a point; thence north 24 degrees 04 minutes 46 seconds east, 21.50 feet to a point; thence along a curve to the right, an arc distance of 369.51 feet, said curve having a radius of 1293.64 feet and being subtended by a chord of 368.26 feet, at south 57 degrees 44 minutes 16 seconds east, to a point; thence south 49 degrees 33 minutes 17 seconds east, 33.88 feet to a point; thence leaving said right-of-way along the land lot line of 404 and 405, south 89 degrees 58 minutes 43 seconds west, 291.70 feet to a point, thence north 02 degrees 37 minutes 47 seconds, 0.47 feet to a point said point being the point of beginning for the annexed parcel; said tract or parcel of land contains 1.683 acres, more or less. - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 752 Acres 4.805 2003-31 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 100 percent ofthe 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 meeting on such on December 15, 2003 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 ofthe 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. December, 2003. A. Max Bacon, Mayor 0~4.-) [J YI~ Susan D. Hiott, City Clerk City of Smyrna - )~ --- .. Scott A. Coc , Ci~ Att8ffU~Y City of Smyrna ORDINANCE #2003-31 Exhibit "A" - All that tract or parcel of land lying and being in Land Lot 752, 1 ih District, 2nd Section, Cobb County, Georgia and being further described as follows: - To find the true point of beginning, commence at an iron pin found (#4rebar) at the intersection of northerly right-of-way of Misty Lane (formerly Manor Drive) having a 40 foot right-of-way and the easterly right-of-way of Oakdale Road having an apparent 60 foot right-of-way at this point; thence running along the easterly right-of-way of Oakdale Road north 14 degrees 31 minutes 56 seconds east a distance of73.60 feet to an iron pin found (#4 rebar); thence running north 13 degrees 40 minutes 30 seconds east a distance of 74.26 feet to an "X" found on a concrete drive on easterly right-of-way of Oakdale Road; said point also being known as the true point of beginning. With the true point of beginning as thus being established; thence departing the easterly right-of-way of Oakdale Road and crossing to the westerly right-of-way of Oakdale Road having an apparent 64 foot right-of-way at this point; and running north 49 degrees 30 minutes 25 seconds west a distance of 80.66 feet to an iron pin set on the westerly right-of-way of Oakdale Road; thence departing said right-of-way and running north 60 degree 10 minutes 00 seconds west a distance of 200.00 feet to an iron pin set (#4 rebar); thence running north 13 degrees 30 minutes 00 seconds west a distance of 100.00 feet to an iron pin set 2.5 inch open top pin found; thence running north 89 degrees 00 minutes 00 seconds east a distance of 200.00 feet to an iron pin set on the westerly right-of-way of Oakdale Road; thence departing the westerly right-of-way of Oakdale Road and crossing to the easterly right-of-way of Oak dale Road to an iron pin found (#4 rebar) having an apparent 70 foot right-of-way at this point and being the intersection of the easterly right- of-way of Oak dale Road northerly line of Land Lot 752 of the 1 th District, 2nd Section, Cobb County, Georgia; thence departing said right-of-way and running along said land lot land south 89 degrees 59 minutes 00 seconds east a distance of 721.4 feet to an iron pin set (#4 rebar); thence running south 00 degrees 01 minutes 00 seconds west a distance of252.85 feet to an iron pin set (#4 rebar); thence running north 89 degrees 41 minutes 09 seconds west a distance of 734.16 feet to an "X" found on a concrete drive on easterly right-of-way of Oakdale Road; said point also being known as the true point of beginning. Said tract or parcel containing 209,369 square feet or 4.805 acres, more or less, (not including any or all area contained within the variable right-of-way of Oakdale Road). .. December 1, 2003 -- 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, Deputy City Clerk Lee Miller, City Attorney Scott Cochran, Community Development Director Chris Miller, and representatives of the press. Invocation was given by Council Member Pete Wood, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 5C (Variance Request V03-033 - Reduction in Number of Replacement Trees - 1.97 Acre Tract - Land Lot 561, Vicinity of Highland Avenue and Old Roswell Road - Hatcher Homes) will be withdrawn. Mayor Bacon stated agenda item 5G (Privilege License - Retail Pouring [Beer Only] - Appeal of Hearing Officer's Decision - KHM Enterprises DBA El Pastor - 350 Pat Mell Road - Hyung Tae Kim, Agent Applicant) will be tabled to the December 15,2003 Council meeting. Mayor Bacon stated agenda item 6B (Approval of Resolution Regarding TEFRA Hearing for the Housing Authority of the City of Smyrna) will be tabled to the December 15,2003 Council Meeting. CITIZENS INPUT: - Mayor Bacon recognized Mr. Mike McNabb, who thanked all the voters of Ward 4 for their participation in the recent run-off election. Mr. McNabb stated he is looking forward to assuming his duties as a member of the Smyrna city council. Mayor Bacon recognized Mr. Floyd Millis, residing at 1878 Wynridge Drive, who expressed appreciation to those citizens who supported him in his bid for the Ward 6 council post. Mr. MiIlis spoke about the recent election. MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Rezoning Request Z03-029 - R-15 SFR to RAD Conditional- 1.97 Acre Tract - Land Lot 561, Vicinity of Highland Avenue and Old Roswell Road - Hatcher Homes Mr. Wright stated the applicant proposes to build seven new single-family homes at the subject location. Mr. Wright stated the density of the proposed project will be 3.55 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) has approved the rezoning request, and that staff supports the request with a number of stipulations. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Scoggins recognized Mr. Ed Hatcher, and asked Mr. Hatcher to explain the December 1. 2003 2 need for the requested rezoning to those present. Mr. Hatcher stated there are currently new houses located near the subject tract. Mr. Hatcher stated he proposes to divide the subject property into seven lots, with three homes to be built along Highland A venue and four to be located near Old Roswell Road. Mr. Hatcher stated he has met with residents of the surrounding area, and has taken their suggestions into consideration when making his final plans for the proposed project. Mr. Hatcher stated these suggestions from residents include changes to the configuration of driveways for the proposed houses, and construction of a fence with landscaping as a buffer along an adjacent property. Mr. Hatcher stated a homeowners association (HOA) for the proposed development will be established. Mr. Hatcher stated the HOA annual dues of $1,200 will include landscaping service. Mr. Hatcher stated the planned houses will be about 2,200 s.f. in size and will be priced above $300,000. Mr. Hatcher stated the houses will be built in the craftsman/bungalow style, and showed illustrations of the proposed house styles to those present. Council Member Scoggins asked Mr. Hatcher if he is agreeable to the nine stipulations for the rezoning formulated by staff, and Mr. Hatcher answered in the affirmative. - Council Member Scoggins read the rezoning stipulations into the record as follows: 1. The development will maintain the following setbacks: Front - 15', Side - 5', and Rear -25'. 2. The final plat for the development shall dedicate an additional 5' of right-of-way for any improvements on Highland Avenue and Old Roswell Road (the front yard setback can be based upon the existing property line prior to the dedication). 3. Each residence will be a minimum of 2,200 square feet in area. The elevations for the residences shall comply with those included by the applicant in the rezoning package. - 4. There shall be protective covenants on all lots. The protective covenants shall be supplied to the City prior to the issuance of a building permit. 5. Any necessary retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 6. All utilities within the development shall be underground. 7. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 8. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 9. 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. If for any reason, development and use of property approved in accordance with the procedure outlined above cannot be accomplished, such plans shall not be altered, changed, or varied, except after approval by the mayor and council. When conditional zoning has been granted, but no affirmative action to perform said conditions, or to obtain a building permit subject to such conditions [has been taken], and such status continues for 12 months after - December 1, 2003 3 mayor and council approval of such conditional zomng, the property shall revert to its original status prior to such conditional zoning. .... Mayor Bacon recognized Ms. K. C. Clavin, residing on Roswell Street, who stated she would like to see Mr. Hatcher use a variety of elevation styles on the houses he is proposing to build, and asked if a condition requiring this should be put in place. Mr. Hatcher stated the conditions of the sales contracts for Hatcher Homes (HH) include provisions for HH to retain design control for the type of house built on any lot. Mr. Hatcher provided details to those present concerning the efforts undertaken by HH to make certain that their developments result in attractive streetscapes. Council Member Scoggins asked Mr. Hatcher if it is correct that he will not build houses of the same exterior style side-by-side at the proposed development, and Mr. Hatcher answered in the affirmative. MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z03-029 from R-15 SFR to RAD Conditional for a 1.97 acre tract in Land Lot 561 in the vicinity of Highland A venue and Old Roswell Road for Hatcher Homes. The motion was seconded by Council Member Cramer. Council Member Lnenicka asked if the motion includes the nine stipulations read into the record, and Council Member Scoggins answered in the affirmative. Council Member Pritchett stated she will not be voting on this measure because she has an interest in the purchase/sale contract of the subject property. Motion was approved 6 - 0, with Council Member Pritchett abstaining. (B) Land Use Change Request Z03-029- Low Density Residential to Medium Density Residential- 1.97 Acre Tract - Land Lot 561, Vicinity of Highland Avenue and Old Roswell Road - Hatcher Homes - 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 Land Use Change Request Z03- 029 from Low Density Residential to Medium Density Residential for a 1.97 acre tract in Land Lot 561 in the vicinity of Highland Avenue and Old Roswell Road for Hatcher Homes. The Motion was seconded by Council Member Cramer. Motion was approved 6 - 0, with Council Member Pritchett abstaining. (C) Variance Request V03-033 - Reduction in Number of Replacement Trees - 1.97 Acre Tract - Land Lot 561, Vicinity of Highland Avenue and Old Roswell Road - Hatcher Homes Council Member Scoggins read a letter to those present from Mr. Ed Hatcher requesting withdrawal of Variance Request V03-033 for a reduction in the number of replacement trees. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to withdraw without prejudice Variance Request V03-033 for reduction in number of replacement trees for a 1.97 acre tract for Land Lot 561, vicinity of Highland Avenue and Old Roswell Road for Hatcher Homes. The motion was seconded by Council Member Wood. Motion to withdraw was approved 7 - O. ... December 1. 2003 4 (D) Rezoning Request 203-025 - R-20 SFR (Cobb County) to RAD Conditional- 4.17 Acre Tract - East Side of Oakdale Road - John De Yonker Mayor Bacon asked if anyone representing the applicant is present, and there was no response. - MOTION: Council Member Wood made a motion to table Rezoning Request 203-025 from R-20 SFR (Cobb County) to RAD Conditional for a 4.17 acre tract for the East Side of Oakdale Road for John DeYonker to the December 15, 2003 council meeting. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (E) Rezoning Request 203-022 - Light Industrial and RM-12 (Multi-Family Residential) to TD Conditional - 11.69 Acre Tract - Spring Road - Legacy Communities 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 Scoggins recognized Mr. Joel Larkin, an attorney representing the applicant. Council Member Scoggins asked Mr. Larkin to provide details to those present regarding the applicant's proposed project for the subject property. Mr. Larkin stated the subject property comprises 11.69 acres currently occupied by nine single-family homes and an aging apartment complex. Mr. Larkin stated these existing structures will be demolished in order to build the new dwellings proposed. Mr. Larkin stated the applicant is requesting the rezoning in order to construct a 107 -unit townhouse project, and Mr. Larkin showed illustrations of the proposed structures to those present. Mr. Larkin stated a HOA will be mandatory for the proposed development, and that the HOA will provide upkeep for the community. Mr. Larkin stated that the applicant is agreeable to the stipulations of rezoning which have been proposed. Mr. Larkin stated the townhouses will range in size from 1,800 s.f. to 2,400 s.f. Mr. Chris Miller stated that this size range was requested by the applicant. Mr. Larkin stated that all the proposed units will feature brick exteriors on three sides and garages. Council Member Scoggins asked Mr. Larkin if the rear areas of the proposed townhouses will be adjacent to some nearby railroad tracks, and Mr. Larkin stated that the back area of some of the units will be near the tracks. Mr. Larkin stated the proposed townhouses will range in price from about $250,000 to over $300,000. Council Member Cramer asked Mr. Larkin what length the outside parking pads will be on the units which have one-car garages. Mr. Miller stated that the applicant has agreed to build a majority of the proposed units with two-car garages. Council Member Cramer stated that inadequate parking provisions in a development of this type can lead to problems with vehicles parked in streets. Council Member Lnenicka asked Mr. Larkin why the applicant is proposing a percentage of units with one-car garages and only 18' of parking area from garage to pavement. Council Member Lnenicka stated he believes this limited amount of space is inadequate for many types of vehicles. Council Member Lnenicka stated that vehicles parked in close proximity to streets and walkways could pose a hazard. Mr. Larkin stated that 18' is a minimum requirement for paved driveways. Council Member Lnenicka asked Mr. Larkin if sidewalks are planned for the interior streets of the development, and Mr. Larkin stated he does not know. Mr. Miller stated that generally driveways are 18' to 20' in length, which is sufficient to park most vehicles without encroaching into adjoining streets. Mr. Larkin stated that, because a large portion of the subject tract is made up of flood plain which cannot be developed, it would be difficult for the applicant to agree to longer driveways. Mr. Miller stated that no site plan would be approved which might allow any vehicles to intrude into the right-of-way. Council Member Newcomb asked Mr. Miller if construction of sidewalks is a requirement of zoning, and Mr. Miller stated that the matter of sidewalks is addressed in the site plan review process. Council Member Newcomb asked Mr. Miller if construction of sidewalks can be required by stipulation, and Mr. Miller answered in the - - December I, 2003 5 - affirmative. Council Member Lnenicka stated that private streets are not maintained by the City, and asked Mr. Larkin why private streets are planned for the proposed development. Mr. Larkin stated he believes the developer wants private streets for security and to maintain the integrity of the neighborhood. Council Member Lnenicka asked Mr. Larkin ifthe proposed development will be a gated community, and Mr. Larkin said no. Council Member Newcomb expressed appreciation to the Mayor and Council Members for their sensitivity to the issue of storm water run-off in this area. Council Member Newcomb stated that water run-off from the subject area flows into Poplar Creek. Council Member Newcomb stated the City requires retention facilities to be built in developments to retain a portion of the amount of water that would run off the land in its natural, undeveloped state. Council Member Newcomb stated the applicant has agreed to build three retention ponds on the subject property. Mr. Larkin stated a hydrology study has been conducted for the subject property, and that the applicant has agreed to measures which will over-detain water run-offto the 150% level and reduce the volume of downstream water. Council Member Newcomb stated that in the event of a I OO-year flood, the water run-off rate from the subject property will be reduced by 50%. Council Member Newcomb stated that in the event of a two-year flood or storm, the water run-off rate from the subject property will be reduced by one-third. Council Member Newcomb asked Mr. Miller if it is correct that, if the proposed development is built in accordance with specifications, the water run-off rate from the subject tract into Poplar Creek will actually be reduced, and Mr. Miller answered in the affirmative. ... Mayor Bacon recognized Mr. Fred Shope, Jr., owner of Auto Cool, who expressed concern about traffic in the subject area. Mr. Shope stated that traffic in the area of his business is often heavy, making it difficult for motorists to turn into his place of business. Mr. Shope asked the Mayor and Council Members for help with addressing the traffic problems in the area near his business. Council Member Scoggins stated that conducting a traffic study in the affected area is a condition for building permit and plat approval for the proposed development. Mr. Shope commended the Mayor and Counci I Members for their efforts on behalf of the citizens. Mayor Bacon recognized Mr. Jean Liverato, and Mr. Liverato stated he is the owner of Expanded Tech, Inc. at 3075 Jonquil Drive, which is near the subject property. Mr. Liverato expressed concern that construction of residences near the manufacturing facility he operates is being considered. Mr. Liverato stated his company operates around the clock, and that large delivery trucks are frequently operating at his manufacturing concern on Jonquil Drive. Mr. Liverato stated he is concerned that a possible residential use for the subject property may be incompatible with the Light Industrial zoning nearby. Mr. Liverato stated he is concerned about possible negative impact on the value ofthe property he owns at 3075 Jonquil Drive which could be brought about by the proposed zoning change in the subject area. Mayor Bacon recognized Mr. Bill Strickland, residing at 2962 Lexington Trace, who expressed support for the proposed project. Mayor Bacon recognized Mr. Jean Liverato, who stated he is concerned about the possibility of the taxes on his property increasing as a result of the proposed development. Mr. Miller read the stipulations for the rezoning, including input from discussion, as follows: I. The development shall be limited to 107 townhouse units and shall otherwise conform to the site plan provided to the Mayor and Council during the public hearing on December 1,2003. - December I, 2003 6 2. The development will maintain the following setbacks: Front (Spring Road) - 50', Front or Side (Internal Drive) - 20', Side (External) - 35,'Rear (External) - 40,' and Side to Side - 20.' A minimum setback measuring 18,' or more if required by the City Engineer, shall be provided for each exterior driveway parking space. In instances where the City Engineer determines that exterior driveway parking space setbacks must exceed 18', the developer will be allowed a corresponding reduction in rear yard setback of up to 5.' Additionally, each residence will be provided with a one or two-car garage parking space. A maximum of 25% of the residences may be provided with a one-car garage. The structures shall have brick exteriors on three sides. - 3. The entrance/exit from Spring Road shall be limited to a right-in/right-out configuration with a deceleration lane. A second connection on Jonquil Drive shall be provided for left-turning vehicles. A detailed traffic study shall be submitted as a condition of building permit/plat approval. Any traffic improvements deemed necessary by the City Engineer shall be required in conjunction with permit/plat approval. 4. Each residence will be a minimum of between 1,800 and 2,400 square feet in area and conform to the architectural renderings provided by the applicant at the December I, 2003 public hearing. 5. The open space area proposed to be dedicated to the City shall remain under the private control and ownership of the HOA. 6. There shall be protective covenants on all lots. - 7. Any necessary retention ponds for the development shall be placed and screened appropriately to be unobtrusive outside and inside the development. The storm water detention plan shall be designed to create at least a 33% reduction in a 2-year storm event and 50% in a I OO-year storm event. The City Engineer shall approve all plans. 8. All utilities within the development shall be underground. 9 The protective covenants shall be supplied to the City prior to the issuance of a building perm it. 10. No debris may be buried on any lot or common area. II . 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. 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. If for any reason, development and use of property approved in accordance with the procedure outlined above cannot be accomplished, such plans shall not be altered, changed, or varied, except after approval by the mayor and council. When conditional zoning has been granted, but no affirmative action to perform said conditions, or to obtain - December 1. 2003 7 a building permit subject to such conditions [has been taken], and such status continues for 12 months after mayor and council approval of such conditional zoning, the property shall revert to its original status prior to such conditional zoning. - Mr. Miller read additional stipulations from a letter from Sams, Larkin & Huff dated November 12,2003: - All homes within the residential townhome community shall be 'for sale" only. Applicant agrees to the recordation and enforcement of a Declaration of Covenants, Conditions and Restrictions which shall contain rules and regulations applicable to the residential townhome community. Creation of a mandatory homeowners association which shall be responsible for the upkeep and maintenance of all common areas, including all fencing, landscaping and buffers contained within the residential town home community. Submission of a landscape plan during the Plan Review process, subject to staff review and approval, which shall include the following: a. Entry signage shall be ground-based, monument style, consistent with the City of Smyrna Sign Ordinance, heavily landscaped and irrigated. b. Providing a meaningfully located pedestrian linkage, via pathways through open space, passive recreation areas and floodplain areas. Subject to recommendations from the City of Smyrna Engineering Department and the Cobb County Department of Transportation regarding traffic/transportational issues. Utilization of low-intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property. Compliance with Article XII, Sec. 12.01 (Conditional Developments) of the City of Smyrna Code of Ordinances. Council Member Newcomb asked Mr. Larkin if a stipulation requiring construction of some sidewalks in the proposed development can be added to the conditions of rezoning, and Mr. Larkin stated the proposal in its current form contains plans for pathways which can enhance the quality of life of the residents without increasing the amount of paved surfaces in the area. Mr. Miller stated one of the stipulations set forth in the November 12 letter contains provisions for pedestrian linkage, and that during the plan review process staff can make certain that some connectivity throughout the development is provided. MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z03-022 from Light Industrial and RM-12 (Multi-Family Residential) to TD Conditional for an 11.69 acre tract on Spring Road for Legacy Communities. The motion was seconded by Council Member Cramer. Council Member Wood asked if the motion includes all stipulations read into the record, and Council Member Scoggins answered in the affirmative. Motion was approved 7 - O. (F) Land Use Change Request Z03-022 - Medium Density Residential to High Density Residential - 11.69 Acre Tract - Spring Road - Legacy Communities Mayor Bacon stated this is a public hearing and asked for public comment. - Mayor Bacon recognized Mr. Jean Liverato, and Mr. Liverato stated he wishes to reiterate the concerns he has previously expressed regarding this matter. December 1, 2003 8 MOTION: Council Member Scoggins made a motion to approve Land Use Change Request Z03- 022 from Medium Density Residential to High Density Residential for an 11.69 acre tract on Spring Road for Legacy Communities. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - (G) Privilege License - Retail Pouring (Beer Only) - Appeal of Hearing Officer's Decision - KHM Enterprises DBA El Pastor - 350 Pat Mell Road - Hyung Tae Kim, Agent Applicant MOTION: Council Member Cramer made a motion to table privilege license for retail pouring of beer only, appeal of Hearing Officer's decision for KHM Enterprises DBA El Pastor at 350 Pat Mell Road for Hyung Tae Kim, agent applicant until the December 15,2003 Council meeting. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (Clerk's Note: Council Member Scoggins was not present at the time of this vote) (H) Zoning Amendment Request Z03-033 - Change in Stipulations - 10.05 Acre Tract - Land Lot 488, Parkview Village - Frank Pritchard Mr. Wright stated this 38 lot subdivision was originally rezoned to RAD Conditional during June, 2002. Mr. Wright stated the applicant wishes to change some of the stipulations of this zoning. Mr. Wright stated that staff recommends approval of this zoning amendment request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Frank Pritchard, and asked Mr. Pritchard to provide details concerning the proposed zoning amendment to those present. Mr. Pritchard stated he wishes to change the configuration of a wall planned for construction in the area of Powder Springs Street, and explained the nature of the proposed changes to those present. Mr. Pritchard stated he is requesting an amendment to zoning stipulations which will provide him with more flexibility in regard to exterior finish materials for lots 2 and 29. Mr. Miller stated that the amendment to exterior finish requirements is intended to help make the subdivision more compatible with the surrounding area. Council Member Lnenicka asked what provisions will prevent the part of the subdivision along Powder Springs Street from being a line of nondescript houses built with siding. Mr. Miller stated that, according to Mr. Pritchard, lots 1,27,28 and 38 along Powder Springs Street can remain in the current subdivision plan with the requirement for four-sided brick construction. Mr. Miller stated the exterior finish restriction will be eliminated for lots 2, 3, 29 and 21, but that the requirement for 25% of the houses in the entire subdivision to have upgraded exterior finishes on four sides will remain in place. Council Member Lnenicka asked Mr. Pritchard why he wants to make changes to the fence, and Mr. Pritchard stated he would like to move the fence away from the flood plain area of the property and place it closer to the entrance of the subdivision. Council Member Lnenicka asked Mr. Miller what changes will be made to stipulation 18, and Mr. Miller stated it is proposed to amend stipulation 18 to make it applicable to lots 1 and 38 only. Mr. Miller stated that stipulation 20 contains provisions for construction of some homes with rear entry garages to help provide variety of external appearance among the houses in the subdivision. - Council Member Scoggins read the amended zoning stipulations as follows: 16. A minimum of 25% of the entire subdivision (a total of 9 homes, including lots 1,27,28 and 38) shall have four-sided elevations with either brick, stucco, stone, architectural - December 1. 2003 9 shakes, board and batten or combination thereof. No home in the subdivision shall be comprised of 100% horizontal siding. - 18. Developer shall provide a minimum 20' buffer along Powder Springs Street. A masonry wall, galvanized wrought iron fence, or combination of both shall be located behind lots I and 38 within this buffer. 20. Rear entry garages shall be permitted for lots 1,2,3,27 and 28. MOTION: Council Member Scoggins made a motion to approve Zoning Amendment Request Z03-033 for change in stipulations for a 10.05 acre tract for Land Lot 488, Parkview Village for Prank Pritchard. The motion was seconded by Council Member Wood. Council Member Lnenicka thanked Mr. Miller for his work on this zoning amendment and Mr. Pritchard for his cooperation. Motion was approved 7 - O. (I) Rezoning Request Z03-031 - Limited Commercial (LC) to General Commercial (GC)- 0.22 Acre Tract - Land Lot 375, Windy Hill Road near Burbank Circle - Michael Coolbroth Mr. Wright stated the parcel is located on the south side of Windy Hill Road near Burbank Circle. Mr. Wright stated the parcel includes a one-story building which is not proposed to be redeveloped in conjunction with the rezoning. Mr. Wright stated that the proposed rezoning has been approved by PZB, and that staff supports the rezoning request with a number of excluded uses. - 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 Cramer recognized Mr. Coolbroth. Council Member Lnenicka asked Mr. Coolbroth why he wishes to proceed with rezoning the subject property with no specific plans for change. Mr. Coolbroth stated it seems prudent to him to go ahead and change the zoning at this time. Mr. Coolbroth stated he intends to keep the property and continue to operate his insurance agency there. Mayor Bacon recognized Mr. and Mrs. Walter Montano, who expressed support for the proposed rezoning. Mr. Montano stated the property he owns near the subject location is also zoned LC, and that he would like to have his own property rezoned to GC. Council Member Cramer stated that this proposed rezoning includes a number of excluded uses normally permitted under GC zoning. Mayor Bacon asked Mr. and Mrs. Montano what type of business they operate in the subject area, and Mrs. Montano stated they are in the taxi business. Council Member Cramer stated that restaurants will also be added to the list of excluded uses for the subject property. - Mayor Bacon recognized Mr. Joel Haney, who stated he owns property at 659 Windy Hill Road. Mr. Haney stated he has previously investigated the possibility of rezoning his property in the subject area, and was advised he could not have it rezoned. Council Member Cramer stated that this proposed rezoning includes a number of excluded uses normally permitted under GC zoning. Mr. Haney stated that, if the proposed rezoning is approved, a number of other owners of property in the subject area will likely seek rezoning of their property to GC. Mr. Haney expressed the view that it may be better to have a specific use planned for property before it is rezoned. Mayor Bacon asked Mr. Miller how the list of excluded uses for this proposed rezoning was formulated, and Mr. Miller stated the list of excluded uses is made up of businesses that are December 1, 2003 10 generally considered to be incompatible with otller businesses. Mr. Miller stated the excluded uses also include businesses that would not be considered to be compatible with the location and small size of the subject tract. Mr. Miller suggested addition of another rezoning stipulation in this instance requiring the demolition of the existing building on the subject property in conjunction with any future redevelopment there. Council Member Newcomb stated it may be better to try to rezone the entire corridor in the subject area according to a master plan. Council Member Newcomb stated there are residences near the subject property, and he is concerned about the impact possible future uses there could have on those residents. Council Member Newcomb expressed concern regarding the type of buffer which will be between the businesses on Windy Hill Road and the residences near them. Mr. Miller stated there is a general setback requirement of 50' in instances where a residential district abuts a non-residential district. Mr. Miller provided details of buffer requirements to those present. - Mayor Bacon recognized Mr. Haney, who stated he supports the idea of rezoning according to a master plan. MOTION: Council Member Cramer made a motion to approve Rezoning Request Z03-03l from Limited Commercial (LC) to General Commercial (GC) for a 0.22 acre tract in Land Lot 375, Windy Hill Road near Burbank Circle for Michael Coolbroth. Council Member Cramer read the following list of excluded uses and stipulations for the rezoning as follows: · Automotive sales/repair · Automobile wash service . Boat sales and repairs · Boarding and breeding kennels . Dry cleaning plants · Farm equipment sales and service · Lumber, hardware and other building material establishments · Mobile home and travel trailer sales · Motorcycle sales and service · Pawnshops and check cashing establishments · Service stations · Stations and terminals for bus and rail passenger service . Taxi stands · Theaters · Restaurants · Tattoo parlors - Additional Stipulation: The demolition of the existing building on the subject property will be required in conjunction with any future redevelopment there. Mayor Bacon stated the motion was not seconded, and did not carry. MOTION: Council Member Lnenicka made a motion to deny Rezoning Request Z03-031 from Limited Commercial (LC) to General Commercial (GC) for a 0.22 acre tract in Land Lot 375, Windy Hill Road near Burbank Circle for Michael Coolbroth. The motion was seconded by Council Member Wood. Mr. Coolbroth stated he plans to expand his business at the subject location, and that he agrees to all the stipulations proposed. -- December 1, 2003 11 - MOTION: Council Member Newcomb made a motion to table to an unspecified date Rezoning Request Z03-031 from Limited Commercial (LC) to General Commercial (GC) for a 0.22 acre tract in Land Lot 375, Windy Hill Road near Burbank Circle for Michael Coolbroth. Council Member Newcomb stated that a motion to table this measure is a disposition which could be more beneficial for Mr. Coolbroth. (Clerk's Note: This motion was not seconded, and did not carry) Council Member Lnenicka asked Mr. Coolbroth to consider withdrawing his rezoning application. Council Member Lnenicka commented favorably on Mr. Coolbroth's business presence in the subject area, and expressed appreciation for Mr. Coolbroth's interest in bringing improvement to Windy Hill Road. Council Member Lnenicka expressed various concerns about the proposed rezoning, including the possibility that the proposed list of excluded uses may not be comprehensive enough. Council Member Lnenicka stated that if Mr. Coolbroth withdraws this rezoning request, it will not be necessary to deny the request and thereby delay reconsideration of it for a year. Council Member Wood stated he withdraws his second of the motion to deny this rezoning request. Council Member Lnenicka stated he withdraws his motion to deny this rezoning request. Council Member Cramer asked Mr. Coolbroth if he agrees to withdraw his rezoning request, and Mr. Coolbroth answered in the affirmative. MOTION: Council Member Cramer made a motion to withdraw Rezoning Request Z03-031 from Limited Commercial (LC) to General Commercial (GC) for a 0.22 acre tract in Land Lot 375, Windy Hill Road near Burbank Circle for Michael Coolbroth with all application fees to be refunded. The motion was seconded by Council Member Newcomb. Motion to withdraw the rezoning application was approved 7 - O. - (J) Rezoning Request Z03-032 - General Commercial (GC) to R-15 SFR - 865 Cherokee Trail - City of Smyrna Mr. Wright stated the City of Smyrna is proposing to rezone a.2 acre tract on the west side of Cherokee Trail near Windy Hill Road. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Cramer recognized Mr. Esco Strickland. Mr. Strickland stated he has used the subject property as an office for many years. Mr. Strickland stated he now wishes to use the subject property for his residence. MOTION: Council Member Cramer made a motion to approve Rezoning Request Z03-032 from General Commercial (GC) to R-15 SFR for 865 Cherokee Trail for the City of Smyrna. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (K) Land Use Change Request Z03-032 - Neighborhood Activity Center to Low Density Residential - 865 Cherokee Trail - City of Smyrna Mayor Bacon stated this is a public hearing and asked for public comment. There was none. r MOTION: Council Member Cramer made a motion to approve Land Use Change Request Z03- 032 from Neighborhood Activity Center to Low Density Residential for 865 Cherokee Trail for the City of Smyrna. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. December 1, 2003 12 (L) Variance Request V03-036 - Reduction in Side Yard Setback -799 Wayland Court- Marion Wills ... Mr. Wright stated the applicant is requesting a reduction in side yard setback from 10' to l' for the purpose of constructing a carport. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Cramer made a motion to approve Variance Request V03-036 for a reduction in side yard setback from 10' to l' at 799 Wayland Court for Marion Wills. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (M) Variance Request V03-035 - Reduction in Front Yard Setback - 1215 Love Street - Pritchard Brothers, Inc. Mr. Wright stated the applicant is requesting a variance to reduce the front yard setback from 35' to 15' to accommodate a building addition. Mr. Wright stated staff recommends approval of the proposed variance provided the addition is consistent with the elevation exemplars provided with the application. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Barrett Pritchard, and asked Mr. Pritchard to explain the need for the requested variance to those present. Mr. Pritchard stated that plans for the subject residence include improving the front elevation and addition of square footage. Mr. Pritchard showed a graphic representation of the proposed improvements to those present. ..... MOTION: Council Member Scoggins made a motion to approve Variance Request V03-035 for reduction in front yard setback at 1215 Love Street for Pritchard Brothers, Inc. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (N) Privilege License Request - Retail Pouring (Beer & Wine) - Main Street Pizza - 2961 Atlanta Road - Nancy Presley, Agent Applicant Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. Mr. Wright stated that staff has reviewed the application and has determined it to be complete and in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Ms. Presley, and asked Ms. Presley if she has read the regulations governing the sale of alcoholic beverages, and Ms. Presley answered in the affirmative. MOTION: Council Member Scoggins made a motion to approve the privilege license request for retail pouring of beer and wine for Main Street Pizza at 2961 Atlanta Road for Nancy Presley, Agent. The motion was seconded by Council Member Wood. Motion was approved 7 - O. "" ; December 1, 2003 13 (0) Privilege License Request - Retail Package Sales (Beer & Wine) - Ask Food Mart- 1828 Spring Road - Koorosh Dehbozorgi, Agent Applicant - Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. Mr. Wright stated that staff has reviewed the application and has determined it to be complete and in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Dehbozorgi, and asked Mr. Dehbozorgi if it is correct that he has previous experience operating a convenience store, and Mr. Dehbozorgi answered in the affirmative. Council Member Scoggins asked Mr. Dehbozorgi to comment on what his experience was like during the process of applying for an alcoholic beverage sales license in Smyrna, and Mr. Dehbozorgi stated he believes the limited hours for sales of beer and wine called for in the City alcoholic beverage ordinance is a good idea. Council Member Scoggins asked Mr. Dehbozorgi if he owns the property at 1828 Spring Road, and Mr. Dehbozorgi answered in the affirmative. Council Member Scoggins asked Mr. Dehbozorgi if he is aware that local law enforcement authorities conduct undercover inquiries to check for compliance with alcoholic beverage sales regulations at applicable businesses, and Mr. Dehbozorgi answered in the affirmative. Council Member Newcomb asked Mr. Dehbozorgi why certain trees were cut down at his business location, and Mr. Dehbozorgi stated the trees were diseased and possibly hazardous. Council Member Newcomb asked Mr. Dehbozorgi if he intends to replant trees where the blighted trees were removed, and Mr. Dehbozorgi answered in the affirmative. - MOTION: Council Member Scoggins made a motion to approve the privilege license request for retail package sales of beer and wine for Ask Food Mart at 1828 Spring Road for Koorosh Dehbozorgi, Agent. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. FORMAL BUSINESS: (A) Approval of Application for Annexation - Land Lot 752, Oakdale Road - 4.805 Acre Tract - Hugh Mann, et al. MOTION: Council Member Wood made a motion to table approval of application for annexation for Land Lot 752, Oakdale Road for a 4.805 Acre Tract for Hugh Mann, et al. until the December 15,2003 council meeting. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (B) Approval of Resolution Regarding TEFRA Hearing for the Housing Authority of the City of Smyrna MOTION: Council Member Wood made a motion to table approval of Resolution Regarding TEFRA Hearing for the Housing Authority of the City of Smyrna until the December 15, 2003 council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. - December 1, 2003 14 COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: ..... (A) Approval of November 17,2003 Minutes (B) Bid Award # 4-005 for Skid Steer Loader Four vendors were solicited for bids with all four responding as follows: Lashley Tractor Sales $35,987 Metrac Inc. $34,700 Perimeter Bobcat $26,273.33 Cobb County Tractor sales $26,769 Public Works and Purchasing staff have reviewed all proposals and recommend award to Perimeter Bobcat for $26,273.33. Purchase of a replacement loader was scheduled for next fiscal year, but mechanical failure of the current unit has rendered it inoperable. This purchase will be funded from excess CIP funds and will be removed from next year's CIP. (C) Bid Award #4-004 for Sewer Cleaner/Vacuum Truck Three vendors were solicited for bids and all three responded as follows: MES $144,056 (Did not meet specifications) Adams Equipment Co. $148,104 Tractor Equipment Co. $148,592 (Did not meet specifications) Staff requested demonstrations from responsive vendors with respect to ease of operation, parts compatibility, and aspects of specifications not met. After a thorough review of available information by Public Works and Purchasing staff, award of this bid to Adams Equipment Co. for $148,104 is recommended. This amount is approximately $12,000 under CIP budget. .... (D) Bid Award for Replacement Carpet for the Community Center Bid invitations were sent to 12 commercial carpet installation firms. Four (4) vendors attended a mandatory Pre-Bid meeting. Only two (2) submitted bid responses. The lowest responsible bidder is Aldridge Floor Covering. The Aldridge Floor Covering bid was $961.75 more than its sole competitor, Earl Smith Floors. However, Earl Smith claimed exceptions to the specifications which were not identified in the submittal and claimed an installation time frame that will jeopardize the scheduled reopening of the Center. For these reasons, Aldridge Floor has been selected. The purchasing agent supports this decision in his attachment. Carpet will be replaced in Rooms 1,2,3,4,5, the Community Room, the downstairs hallway, and the administrative offices and hallway. A first time installation of the Arts and Crafts Room was also specified. Installation will occur during the scheduled closing of the Center which is midday, December 24 through Friday, January 2nd. During the closure, Rooms 1,2,3,4,5, the Community Room, Arts and Crafts Room, and the lobby area will also be painted. A ward of this bid to Aldridge Floor Covering for replacement carpet at the Community Center is recommended. ... December 1. 2003 15 Two vendors responded with bids as follows: .. Aldridge Floor Covering $22,974.75 Earl Smith Carpet $20,258.00 Delivery 7/4 Delivery 7/14 No exceptions Exceptions MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. Council Member Lnenicka wished Council Member Wood a happy birthday, and welcomed Mr. Mike McNabb and Mr. Jimmy Smith to the council meeting. Council Member Cramer yielded the floor with no report. Council Member Weeks reminded those present about the tree lighting event tomorrow. Council Member Scoggins yielded the floor with no report. Council Member Newcomb yielded the floor with no report. Council Member Pritchett stated that the Coming Home for the Holidays event is scheduled for tomorrow night and that Santa Claus is scheduled to make an appearance there. Council Member Pritchett provided details of the planned festivities to those present. - CITIZENS INPUT: Mayor Bacon congratulated Mr. Mike McNabb on his successful bid for the Ward 4 council post, and stated he is looking forward to Mr. McNabb serving on the Smyrna city council. ADJOURNMENT: With no further business, the meeting was adjourned at 10:45 p.m. - December 1, 2003 A. MAX BACON, MAYOR '=:/\1 /1 l M 3 ~~{fl~ CHARLES PETE WOOD, WARD 7 16 -- ~TRE~ ~L..,J ~j~ RON NEWCOMB, WARD 2 ~@::: ~ - WADE S. LNENICKA, WARD 6 - November 17,2003 - 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, 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, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Reverend Scotty Davis from King Springs Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 51 (Variance Request V03-033 - Reduction in Number of Replacement Trees - 1.97 Acre Tract - Highland Avenue and Old Roswell Road - Hatcher Homes) will be tabled until a subsequent meeting. Mayor Bacon stated agenda item 5K (Rezoning Request Z03-025 - R-20 SFR (Cobb County) to RAD Conditional- 4.17 Acre Tract - East Side of Oakdale Road - John De Yonker) will be tabled until a subsequent meeting. .... Mayor Bacon stated agenda item 5L (Rezoning Request Z03-022 - Light Industrial and RM-12 (Multi-Family Residential) to TD Conditional- 11.69 Acre Tract - Spring Road - Legacy Communities) will be tabled until a subsequent meeting. Mayor Bacon stated agenda item 5H (Privilege License - Retail Pouring (Beer Only) - Appeal of Hearing Officer's Decision - KHM Enterprises DBA EI Pastor - 350 Pat Mell Road - Hyung Tae Kim, Agent Applicant) will be held until after the show cause hearing scheduled for this meeting concerning the same location (agenda item lIA). Mayor Bacon stated agenda item 6B (Approval of Application for Annexation - Land Lot 752, Oakdale Road - 4.805 Acre Tract -Hugh Mann, et al.) will be tabled until a subsequent meeting. Mayor Bacon stated agenda item 6D (Approval of Resolution Regarding TEFRA Hearing for the Housing Authority of the City of Smyrna) will be tabled until a subsequent meeting. CITIZENS INPUT: .... Mayor Bacon recognized Keep Smyrna Beautiful (KSB) Director Ann Kirk, and Ms. Kirk stated that a recipient has been selected for the Image Enhancement A ward. Ms. Kirk stated that the standards for being selected to receive this award are high, and that a vote of approval from the commission members is required before this recognition is awarded. Ms. Kirk stated that the recipient of this award is the First Baptist Church of Smyrna. Ms. Kirk stated that major improvements, including landscaping and sidewalk work, have been completed at the First Baptist Church of Smyrna site. Ms. Kirk presented the Image Enhancement A ward to Dr. Steve Kimmel from First Baptist Church of Smyrna. Dr. Kimmel stated he is proud of the City and November 17,2003 2 glad that First Baptist Church of Smyrna was able to make a positive contribution to the community. Dr. Kimmel expressed appreciation to Ms. Kirk and the City's officials for the Award. Ms. Kirk recognized Mr. Jim Hawkins, and Mr. Hawkins stated that the citizens of Smyrna make important contributions to the City and help make the City what it is. Mr. Hawkins stated that during 1994, when he was the Ward 4 council representative for the City, he appointed Ms. Lillian McCall as the Ward 4 representative to the Keep Smyrna Beautiful Commission. Mr. Hawkins stated Ms. McCall has provided valuable service to the City in this capacity. Ms. McCall thanked Mr. Hawkins, Ms. Kirk and the Mayor and Council Members, and stated that KSB is a great organization and that working on the Commission was a good opportunity. Ms. Kirk presented the Keep Smyrna Beautiful Life Membership Award to Ms. McCall. - Mayor Bacon recognized Mr. Curt Johnston of the Cobb County Board of Education, and Mr. Johnston commended all those persons who were candidates in the recent City election. Mr. Johnston introduced Assistant Principal Don McCook and students from King Springs Middle School to those present for presentation of this month's character education words. Mr. McCook introduced Ms. Anuta Costin, a school staff member, to those present and Ms. Costin spoke about recently being granted American citizenship. Mayor Bacon recognized Mr. Bill Lnenicka, President of the Veterans Memorial Association of Smyrna, and Mr. Lnenicka expressed appreciation to numerous organizations and individuals who helped to make the creation of the 20th Century Veterans Memorial of Smyrna possible. Mayor Bacon expressed appreciation to Mr. Lnenicka for the leadership Mr. Lnenicka has provided throughout the process of building the Memorial. Mayor Bacon commented favorably about the enhancement the Memorial has brought to the downtown area and the many visitors it attracts. Mayor Bacon recognized Mr. Mike McNabb, and Mr. McNabb stated he is a candidate for the Ward 4 Smyrna council post in the upcoming run-off election. Mr. McNabb presented to those present reasons the residents of Ward 4 should vote for him. Mr. McNabb asked the citizens for their support of his candidacy. - Mayor Bacon recognized Mr. Howard Martin, who provided details to those present regarding youth athletic programs for which he serves as a coach. Mr. Martin expressed disappointment concerning the low level of voter turnout in the recent City election, and urged everyone to exercise their right to vote. Mayor Bacon recognized Mrs. Susan Smith, residing at 2207 Austin Lake Drive, and Mrs. Smith stated she is the spouse of Mr. Howard Smith, who is a candidate for the Ward 4 Smyrna council post in the upcoming run-off election. Mrs. Smith commented favorably about Mr. Smith's character and ability, and asked the citizens for their support of Mr. Smith's candidacy. Mayor Bacon recognized Mr. Steve Clair, residing at 1144 Oakdale Drive, and Mr. Clair expressed concern about the suitability of Mr. Howard Smith as a candidate for public office. Mr. Clair stated that, utilizing public records laws, he has obtained information pertaining to criminal charges pending against Mr. Smith in connection with an alleged anthrax hoax which is purported to have occurred at Smyrna City Hall. Mr. Clair stated that, under the provisions of open records laws, he has reviewed Mr. Smith's personnel file at Smyrna City Hall. Mr. Clair stated that Mr. Smith's City personnel file contains unfavorable information ofa significant nature. Mr. Clair urged the residents of Ward 4 to vote for Mr. Mike McNabb. - November 17,2003 3 - Mayor Bacon recognized Mrs. KarIeen McNabb, residing at 750 Austin Drive, who stated that the residents of Ward 4 in Smyrna will soon be voting for a new council member for the first time in 27 years. Mrs. McNabb urged the citizens of Ward 4 to vote, and asked them for their support of Mr. Mike McNabb's candidacy. Mayor Bacon recognized Ms. Donna Wallace, and Ms. Wallace commented favorably'about Mr. Howard Smith's character. Ms. Wallace expressed support for Mr. Smith's candidacy for the Ward 4 Smyrna council post, and urged the citizens to exercise their right to vote. Mayor Bacon recognized Mr. Alex Backry, and Mr. Backry expressed concern about various irregularities which he believes were associated with the recent City election. Mr. Backry expressed disappointment about the low level of voter participation in the recent City election. Mayor Bacon recognized Mr. Wallace Snowden (phonetic), and Mr. Snowden commented favorably about Mr. Howard Smith's character. Mr. Snowden expressed support for Mr. Smith's candidacy for the Ward 4 Smyrna council post. MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Rezoning Request Z03-023 - R-20 SFR (Cobb County) to RAD Conditional- 7.96 Acre Tract - Concord Road and Old Concord Road - TND Development Corp. - Mr. Wright stated the applicant has requested that the subject tract be rezoned from R-20 SFR in Cobb County to RAD Conditional for construction of 38 single family homes. Mr. Wright stated that staff supports the request for a total of 32 dwellings subject to a number of stipulations. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Weeks recognized Mr. Garvis Sams, an attorney representing TND Development Corp. (TN D), and asked Mr. Sams to explain to those present the need for the requested rezoning. Mr. Sams stated that the City Planning and Zoning Board (PZB) voted to approve the requested rezoning on October 13, and that staff also supports this rezoning request. Mr. Sams stated that numerous plan revisions suggested by the PZB members have been incorporated into the proposed project. Mr. Sams stated the subject tract consists of about eight acres in the vicinity of Concord Road and Old Concord Road, and that TND proposes to rezone this property from R-20 to RAD Conditional for the construction of 32 housing units at a density of 4.018 units per acre. Mr. Sams stated that illustrations ofthe proposed dwellings have been furnished to City staff and officials for review. Mr. Sams stated the proposed units will feature rear entry garages accessed by private alleyways. Mr. Sams stated that the applicant will agree to the stipulations set forth in his letter to the City dated November 10 of the current year. Mr. Sams stated the planned dwellings will range in size from 2,200 s.f. to 3,500 s.f. with prices ranging from $300,000 to $500,000 per unit. Mr. Sams stated there will be a mandatory homeowners association (HOA) for the proposed community, and that the HOA will own the private roadways and amenities in the development. Mr. Sams stated the HOA will be responsible for the lake located within the planned community. Mr. Sams stated that a landscape plan for the proposed development will be submitted for review and approval, and that utilities for the development will be located underground. Mr. Sams stated that a traffic study of the subject area November 17,2003 4 was conducted at the direction ofTND, and that the recommendations which resulted from this study will be followed. Mr. Sams stated there is a possibility that American Civil War period earthworks may remain in the subject area, and that an archaeological examination of the subject property will be conducted to determine if there are any areas which need protection. - MOTION: Council Member Weeks made a motion to approve Rezoning Request Z03-023 from R-20 SFR (Cobb County) to RAD Conditional for a 7.96 acre tract on Concord Road and Old Concord Road for TND Development Corp. The motion was seconded by Council Member Scoggins. Council Member Weeks read the following stipulations into the record: I. The development for 32 single-family residences wil\ maintain the following setbacks: Front - 15', Side - 5', Between Buildings - 10' and Rear- 30'. 2. Each residence will be a minimum of 2,200 square feet in area. The elevations for the residences shall comply with those included by the applicant in the rezoning package. Specifically, the architectural style of the homes shall be two-story traditional. The composition of the homes shall include a mixture of elements including, but not limited to, brick, stone, shake, hardy plank and stucco. However, the homes along either Old Concord or Concord Roads shall not be permitted to utilize hardy plank for the elevations facing these roads. 3. There shall be protective covenants on all lots. The protective covenants shall be supplied to the City prior to the issuance of a building permit. 4. The retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. Required stream bank buffers (if required during plan review) around the stream and the lake shall be protected via an easement in favor of the City. - 5. All utilities within the development shall be underground. 6. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 7. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. A landscape berm shall be provided along both Old Concord and Concord Roads. This berm shall contain one street tree spaced every 40' . 8. Each lot shall have three 4" caliper trees replanted per lot. 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 9. The developer shall be responsible for any traffic improvements deemed necessary by either the City or the County during construction plan review. This will include (but not be limited to): a deceleration lane on Old Concord Road and sidewalks along both Old Concord and Concord Roads for the extent of the development. 10. The developer shall verify to the City that no civil war trench lines or evidence of encampments are present prior to the issuance of a permit for any land disturbance activities. 11. The existing on-site lake shall remain private and be for the use and enjoyment of the homeowners in the subdivision. - November 17,2003 5 Council Member Lnenicka asked Mr. Sams if the applicant is agreeable to the stipulations read by Council Member Weeks, and Mr. Sams answered in the affirmative. Motion was approved 7 - O. - (B) Approval of Application for Annexation - Land Lot 381 - Concord Road - 7.96 Acre Tract - Virginia Jones, et al. Mr. Wright stated the submitted legal description has been reviewed by the City Engineer with satisfactory results. Mr. Wright stated this annexation request was validated at the October 20, 2003 meeting and has been advertised pursuant to State law. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Weeks made a motion to approve the application for annexation in Land Lot 381 on Concord Road for a 7.96 acre tract for Virginia Jones, et al. to become a part of Ward 4 with an effective date of December 1,2003. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (C) Approval of Application for Annexation - Land Lot 632, Mildred Place - 2.07 Acre Tract - Mary Perkinson, et al. Mr. Wright stated the subject property is currently used for residential purposes with no rezoning or redevelopment planned in the immediate future. Mr. Wright stated the legal description of the subject property has been reviewed by the City Engineer with satisfactory results. Mr. Wright stated the application for annexation of this property was validated at the October 20,2003, meeting and was advertised as required by State law. ... 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 the application for annexation in Land Lot 632 for Mildred Place for a 2.07 acre tract for Mary Perkinson, et al. to become a part of Ward 3 with an effective date of December 1,2003. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (Clerk's Note: Council Member Weeks was not present at the time of this vote) (D) Approval of Application for Annexation - Land Lot 632, Parcel I, 1795 Donna Lynn Drive - 0.45 Acre Tract - Carol Sheikh Mr. Wright stated the subject property is currently used for residential purposes with no rezoning or redevelopment planned in the immediate future. Mr. Wright stated the legal description of the subject property has been reviewed by the City Engineer with satisfactory results. Mr. Wright stated the application for annexation of this property was validated at the October 20,2003 meeting and was advertised as required by State law. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Ms. Carol Sheikh, and asked Ms. Sheikh if she has voluntarily requested annexation of her property into the City, and Ms. Sheikh answered in the affirmative. Ms. Sheikh stated the subject property comprises one acre of land. Mr. Cochran stated the City Engineer wiII be consulted to help clarity the actual size of the subject tract. - November 17,2003 6 MOTION: Council Member Scoggins made a motion to approve the application for annexation for Land Lot 632, Parcel I, at 1795 Donna Lynn Drive for a 0.45 acre tract for Carol Sheikh to become a part of Ward 3 with an effective date of December 1, 2003. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - (E) Approval of Application for Annexation - Land Lot 562, Parcel 49, 1449 Hawthorne Avenue - 0.32 Acre Tract - Terrie Szanyi Mr. Wright stated the subject property is currently used for residential purposes with no rezoning or redevelopment planned in the immediate future. Mr. Wright stated the legal description of the subject property has been reviewed by the City Engineer with satisfactory results. Mr. Wright stated the application for annexation of this property was validated at the October 20,2003, meeting and was advertised as required by State law. 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 the application for annexation for Land Lot 562, Parcel 49, 1449 Hawthorne Avenue for a 0.32 acre tract for Terrie Szanyi to become a part of Ward 3 with an effective date of December 1,2003. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (F) Approval of Amendment to Tree Preservation Ordinance - Section 106-29 (New Definition for Public Trees); Section 106-40.1 (Protection and Care for Public Trees); Section 106-52 (Creation of a City Tree Board); Section 106-28 (Exemption of Removal from Single-Family Lots); Section 106-51 (Requirement for Two-Year Maintenance Bond for Work within Rights-of Way or Utility Easements) - Mr. Wright stated the purposes of the proposed ordinance revisions include clarification and improvement of the Tree Preservation Ordinance as well as provisions to help enable the City to become a designated tree city. Council Member Lnenicka stated a number of changes are proposed for the City's Tree Preservation Ordinance. Council Member Lnenicka stated the proposed ordinance changes include provisions for forming a board especially for public tree preservation. Council Member Lnenicka stated that the City's officials had initially considered placing the Tree Board under the aegis of the Keep Smyrna Beautiful Commission (KSB). Council Member Lnenicka stated that Smyrna's KSB administers an award-winning program, and that KSB already performs a wide range of beneficial services to the City. Council Member Lnenicka stated it was realized that a separate board for tree conservation is probably a more effective approach for accomplishing the City's tree preservation objectives. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Newcomb stated he supports the proposed changes to the Tree Preservation Ordinance, and provided details to those present regarding the progress the City has made in the area of tree conservation. Council Member Newcomb stated he considers the formation of a Tree Board to be an important step, and that the City's leadership willlook to the members of this board for advice regarding policies for protecting the City's trees. MOTION: Council Member Lnenicka made a motion to approve amendment to the Tree Preservation Ordinance, Section 106-29, Section 106-40.1, Section 106-52, Section 106-28 and ..... November 17,2003 7 Section 106-51 as presented. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. - (G) Approval of the Smyrna Redevelopment Plan and Tax Allocation District - Second Reading Mr. Chris Miller stated the purpose of the Smyrna Redevelopment Plan and Tax Allocation District (TAD) is to provide redevelopment incentives for a target area that includes Jonquil Plaza, Belmont Hills shopping center and other locations. At Council Member Newcomb's request, Mr. Miller provided the names of a number of streets which are boundaries of the TAD area. Mr. Miller stated the TAD area comprises approximately 140 acres. Mayor Bacon stated that approval of this measure by the city council is an important first step in an important process. Council Member Newcomb stated he believes the long-term impact ofthis TAD measure on the revenue streams to the County School Board will be positive. Council Member Lnenicka stated that the entire community, as well as the targeted TAD area, is expected to benefit from this action. Council Member Lnenicka stated he believes the TAD measure will have a positive impact on tax revenues. Council Member Lnenicka expressed appreciation to the citizens of Smyrna for voting to approve the measure which enables the City to create tax allocation districts, and assured the citizens that the TAD provisions will be used carefully and for the benefit of the community. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Wood stated the first reading of the Smyrna Redevelopment Plan and Tax Allocation District was conducted on November 3,2003. Council Member Wood read parts of the Smyrna Redevelopment Plan and Tax Allocation District Resolution to those present. Council Member Wood stated a decisive majority of City residents voted in favor of the measure which enables the City to create tax allocation districts. MOTION: Council Member Wood made a motion to approve the Smyrna Redevelopment Plan and Tax Allocation District. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (H) Privilege License - Retail Pouring (Beer Only) - Appeal of Hearing Officer's Decision- KHM Enterprises DBA El Pastor - 350 Pat Mell Road - Hyung Tae Kim, Agent Applicant Mayor Bacon stated this agenda item will be held until after the show cause hearing for the same location scheduled at a later time during this meeting. (I) Variance Request V03-033 - Reduction in Number of Replacement Trees - 1.97 Acre Tract - Highland Avenue and Old Roswell Road - Hatcher Homes Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to table Variance Request V03-033 for a reduction in number of replacement trees for a 1.97 acre tract at Highland Avenue and Old Roswell Road for Hatcher Homes until the December 1, 2003 meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - o. - November 17,2003 8 (J) Zoning Amendment Request Z03-026 - Inclusion of Additional 4.20 Acre Tract - Land Lot 393, Parcel 3 (Vinings Estates)- John Wieland Homes and Neighborhoods Mr. Wright stated the applicant proposes to add a 4.2 acre tract to the Vinings Estates subdivision which will result in a net increase of four lots. Mr. Wright stated that staff recommends approval of the requested zoning amendment. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Dan Fields, and asked Mr. Fields to explain the need for the requested zoning amendment to those present. Mr. Fields stated that John Wieland Homes and Neighborhoods wishes to include an adjoining parcel of land in the subdivision for construction of additional houses. Mr. Miller stated the overall density ofthe subdivision will not be changed by the addition of the subject tract. MOTION: Council Member Wood made a motion to approve Zoning Amendment Request Z03- 026 for inclusion of an additional 4.20 acre tract in Land Lot 393, Parcel 3 for John Wieland Homes and Neighborhoods. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (K) Rezoning Request Z03-025 - R-20 SFR (Cobb County) to RAD Conditional - 4.17 Acre Tract - East Side of Oak dale Road-John DeYonker Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to table Rezoning Request Z03-025 from R-20 SFR (Cobb County) to RAD Conditional for a 4.17 acre tract on the east side of Oakdale Road for John DeYonker until the December 1,2003 meeting. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. - (L) Rezoning Request Z03-022 - Light Industrial and RM-12 (Multi-Family Residential) to TD Conditional - 11.69 Acre Tract - Spring Road - Legacy Communities 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. Mayor Bacon recognized Mr. Jean Liverato, and Mr. Liverato stated he is the owner of Expanded Tech, Inc. at 3075 Jonquil Drive, which is near the subject property. Mr. Liverato expressed concern that construction of residences near the manufacturing facility he operates is being considered. Mr. Liverato stated his company operates around the clock, and that large delivery trucks are frequently operating at his manufacturing concern on Jonquil Drive. Mr. Liverato stated he is concerned that a possible residential use for the subject property may be incompatible with the Light Industrial zoning nearby. Mr. Liverato stated he is concerned about possible negative impact on the value of the property he owns at 3075 Jonquil Drive which could be brought about by the proposed zoning change in the subject area. Council Member Scoggins stated that a hydrology study is being conducted at the subject property, and that this rezoning proposal will undergo further review before any action is taken. MOTION: Council Member Scoggins made a motion to table Rezoning Request Z03-022 from Light Industrial and RM-12 (Multi-Family Residential) to TD Conditional for an 11.69 acre tract at Spring Road for Legacy Communities until the December I, 2003 meeting. The motion was - November 17,2003 9 seconded by Council Member Wood. Motion was approved 7 - O. -- (M) Variance Request V03-034 - Reduction in Rear Yard Setback - Lot 36, Collier Gate Subdivision - Traton Homes Mr. Wright stated the applicant has requested a variance to reduce the rear yard setback at the subject location from 25' to 18.69.' Mr. Wright stated that staff recommends approval of the proposed variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Lnenicka recognized Mr. Richard Foster, representing Traton Homes (TH), and asked Mr. Foster to explain the need for the requested variance to those present. Mr. Foster stated that in order to build a house similar in size and design to other houses in the subdivision on the subject lot, a reduction in rear yard setback is needed. Mr. Foster stated TH plans to build a 3,241 s.f. house on the subject lot. Council Member Lnenicka asked Mr. Foster if it would be possible for TH to construct a 3,400 s.f. dwelling on the subject lot, and Mr. Foster stated it may be possible. Council Member Lnenicka stated the subject lot is triangular in shape, and is difficult to build on for this reason. Council Member Lnenicka stated there are concerns among residents about a smaller house being built on the subject lot, and that the residents are not averse to the possibility of a variance being approved to accommodate a larger house. Mr. Foster stated that the structure proposed for the subject lot by TH is average in size in comparison to other houses in the subdivision, and that this plan is probably the best plan for the lot in question. Council Member Lnenicka asked Mr. Foster if a stipulation for a minimum sales price of $437,000 for the planned house is acceptable, and Mr. Foster answered in the affirmative. Council Member Lnenicka asked Mr. Foster ifTH will agree to install a landscape buffer along a retaining wall near the subject lot, and Mr. Foster answered in the affirmative. MOTION: Council Member Lnenicka made a motion to approve Variance Request V03-034 for a reduction in rear yard setback from 25' to 18.5' for Lot 36, Collier Gate Subdivision for Traton Homes. The motion was seconded by Council Member Wood. Council Member Lnenicka stated approval ofthe requested variance is conditioned on the following stipulations: 1. The house to be built on the subject lot (Lot 36) shall be a minimum of 3,240 square feet III sIze. 2. The house to be built on the subject lot shall be similar to other existing homes in the Collier Gate subdivision in terms of style and materials used. 3. The house to be built on the subject lot shall have a minimum sales price of $437,000. 4. Landscaping shall be installed along a brick retaining wall located at the rear of the subject lot to form a visual buffer. Motion was approved 7 - O. (N) Privilege License Request - Retail Package Sales (Beer & Wine) - Simply Gourmet, Inc. - 1385 Highlands Ridge Road, Suite A - Stephanie Kackloudis, Agent Applicant -- Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. November 17,2003 10 Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Ms. Stephanie Kackloudis, and asked Ms. Kackloudis to provide to those present details regarding the business she proposes to operate. Ms. Kackloudis stated that Simply Gourmet (SG) will feature prepared food for carry-out and will also have a dining area with a cafe atmosphere. Council Member Lnenicka asked Ms. Kackloudis what the hours of operation at SG will be, and Ms. Kackloudis stated SG will be open from 7:30 a.m. to 7:00 p.m. Monday through Friday, from 8:30 a.m. to 2:00 p.m. on Saturday, and will be closed on Sunday. Council Member Lnenicka asked Ms. Kackloudis who will be on the premises during hours of operation, and Ms. Kackloudis stated she will be there along with the shop manager. Council Member Lnenicka asked Ms. Kackloudis if she has read and understands the City ordinance regulating the sale of alcoholic beverages, and Ms. Kackloudis answered in the affirmative. Council Member Lnenicka asked Ms. Kackloudis if she understands that, as agent, she will be responsible for making certain that alcoholic beverages are sold in a lawful manner at SG, and Ms. Kackloudis answered in the affirmative. -- MOTION: Council Member Wood made a motion to approve the privilege license request for retail package sales of beer and wine for Simply Gourmet, Inc. at 1385 Highlands Ridge Road, Suite A for Stephanie Kackloudis, Agent. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. (Clerk's Note: Council Member Cramer was not present at the time of the vote) (0) Privilege License Request - Title Pawn - Dynamic financial Services, Inc. - 2498 Atlanta Road - Dan Mosera, Agent Applicant Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. -' Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Dan Mosera, and asked Mr. Mosera if it is correct that the complete address for Dynamic Financial Services, Inc (DFI) is actually 2498-3 Atlanta Road, and Mr. Mosera answered in the affirmative. Council Member Scoggins asked Mr. Mosera ifhe has previous experience operating a title pawn business, and Mr. Mosera answered in the affirmative. Council Member Scoggins asked Mr. Mosera ifhe understands that vehicles cannot be stored at the subject location, and Mr. Mosera answered in the affirmative. Council Member Lnenicka asked Mr. Mosera what type of sign will be at DFl, and Mr. Mosera stated a sign similar to one that has been there previously will be used, possibly with a plain aluminum finish. Council Member Lnenicka advised Mr. Mosera to consult with the City Community Development Department before installing any new signs to make certain he is in compliance with the City's sign ordinance. MOTION: Council Member Scoggins made a motion to approve the privilege license request for a title pawn business for Dynamic Financial Services, Inc. at 2498-3 Atlanta Road for Dan Mosera, Agent. The motion was seconded by Council Member Pritchett. Motion was approved 6 - O. (Clerk's Note: Council Member Cramer was not present at the time of the vote) - November 17,2003 11 FORMAL BUSINESS: - (A) Approval of Application for Annexation - Land Lot 393, Parcel 3 - 4.2 Acre Tract - John A. Holley Mr. Wright stated the City Engineer has reviewed the submitted legal description with satisfactory results. Mr. Wright stated this annexation is connected with the zoning amendment request previously approved at this meeting for John Wieland Homes for the Vinings Estates subdivision. MOTION: Council Member Wood made a motion to approve the application for annexation for Land Lot 393, Parcel 3 for a 4.2 acre tract for John A. Holley to become a part of Ward 7 effective December 1,2003. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. (Clerk's Note: Council Member Cramer was not present at the time of the vote) (B) Approval of Application for Annexation - Land Lot 752, Oakdale Road - 4.805 Acre Tract -Hugh Mann, et al. MOTION: Council Member Wood made a motion to table the application for annexation for Land Lot 752, Oakdale Road for a 4.805 acre tract for Hugh Mann, et al. until the December I, 2003 meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (C) Validation of Application for Annexation - Land Lots 388, 389, 404, 405 - 1.683 Acre Tract - New Cooper Lake LLC - Mr. Wright stated the City Engineer has reviewed the submitted legal description with satisfactory results, and that copies of the application materials have been furnished to the Community Development staff. The legal description of the subject property is as follows: All that tract or parcel ofland lying and being in Land Lots 388, 389,404 and 405 of the 1 ih District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: - Beginning at the intersection of the northerly right-of-way of Cooper Lake Road (R/W varies) and the easterly right-of-way of North Cooper Lake Road (50' R/W); thence along easterly right- of-way north 25 degrees 23 minutes 58 seconds west, 251.27 feet to a point; thence north 31 degrees 27 minutes 04 seconds west, 45.30 feet to a point; thence along a curve to the left, an arc distance of 128.77 feet, said curve having a radius of 151.30 feet and being subtended by a chord of 124.92 feet, at north 55 degrees 50 minutes 00 seconds west, to a point; thence north 87 degrees 22 minutes 13 seconds west, 133.27 feet to a point, thence leaving said right-of-way north 02 degrees 37 minutes 47 seconds east, 2.63 feet to a point, said point being the point of beginning for the annexed parcel; thence north 89 degrees 53 minutes 24 seconds west, 102.25 feet to a point; thence north 46 degrees 15 minutes 26 seconds east, 31.09 feet to a point; thence north 70 degrees 37 minutes 55 seconds west, 183.49 feet to a point; thence north 46 degrees 12 minutes 19 seconds east, 84.84 feet to a point; thence north 14 degrees 03 minutes 24 seconds east, 80.00 feet to a point; November 17,2003 12 thence north 02 degrees 38 minutes 36 seconds west, 49.80 feet to a point along the southerly right-of-way of the East-West Connector (R/W varies); thence along said right-of-way along a curve to the right, an arc distance of 117.16 feet, said curve having a radius of 1,293.64 feet and being subtended by a chord of 117.12 feet, at south 69 degrees 27 minutes 00 seconds east, to a point; thence south 23 degrees 08 minutes 40 seconds west, 21.50 feet to a point; thence south 66 degrees 23 minutes 17 seconds east, 20.76 feet to a point; thence north 24 degrees 04 minutes 46 seconds east, 21.50 feet to a point; thence along a curve to the right, an arc distance of 369.51 feet, said curve having a radius of 1293.64 feet and being subtended by a chord of 368.26 feet, at south 57 degrees 44 minutes 16 seconds east, to a point; thence south 49 degrees 33 minutes 17 seconds east, 33.88 feet to a point; thence leaving said right-of-way along the land lot line of 404 and 405, south 89 degrees 58 minutes 43 seconds west, 291.70 feet to a point, thence north 02 degrees 37 minutes 47 seconds, 0.47 feet to a point said point being the point of beginning for the annexed parcel; said tract or parcel of land contains 1.683 acres. - MOTION: Council Member Wood made a motion to validate the application for annexation for Land Lots 388, 389, 404, 405 for a 1.683 acre tract for New Cooper Lake LLC with a public hearing date set for December 15,2003. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (D) Approval of Resolution Regarding TEFRA Hearing for the Housing Authority of the City of Smyrna MOTION: Council Member Wood made a motion to table approval of Resolution Regarding TEFRA Hearing for the Housing Authority of the City of Smyrna until the December 1, 2003 meeting. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. - (E) Recording of Official City Election Results Mr. Wright stated the Election Summary was certified on November 7,2003 by Cobb County Elections Superintendent Sharon Wingfield as a true and correct count of votes cast in the City General Election held on November 4,2003. (Clerk's Note: A copy of the Certification of Returns from Cobb County Board of Elections dated November 7,2003 is attached) Mr. Wright read a list of persons elected to hold offices in the City as follows: Mayor Council Ward 1 Council Ward 2 Council Ward 3 Council Ward 5 Council Ward 6 Council Ward 7 A. Max Bacon Melleny Pritchett Ron Newcomb William H. Scoggins Jimmy Smith Wade Lnenicka Pete Wood Council Member Wood stated there will be a run-off election on November 25 for the Ward 4 council post. - November 17,2003 13 - MOTION: Council Member Wood made a motion to approve the recording of official City election results as read into the record. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of November 3, 2003 Minutes (B) Approval of Use of Council Chambers by Heritage at Vinings Homeowners Association on November 18,2003 from 6:30 to 9:00 p.m. - (C) Approval to allow qualifYing employees to add up to two (2) years active duty military service to their city service upon retirement This proposal would permit a "one time window of opportunity" for those employees who (1) are currently at least 55 years of age and have 25 years of service. However, these employees would not be able to use this military service to qualifY for city retirement; (2) opt to retire within the upcoming 6-month period (no later than July I, 2004). Several of the city's long-time employees have expressed a desire to retire during the coming year. This proposal would allow these employees to retire and possibly receive credit for prior active duty military service up to a maximum of 2 years. HR has been able to identifY four city employees who will meet the criteria outlined in the foregoing synopsis. Staff recommends approval of a "one time window of opportunity" for all city employees who meet the specified criteria. Approval of Memorandum of Understanding with Ambling Land Company The attached Memorandum of Understanding outlines the proposed relationship between the Smyrna Housing Authority (SHA), Ambling Land Company (ALC) and the City in connection with the potential acquisition by SHA of sixteen acres of land in the proposed Atlanta Road Corridor Tax Allocation District. ALC has considerable experience in land acquisition and management and has agreed to represent SHA in negotiations for the land purchase and to manage facilities on the property. ALC will receive $125,000 plus expenses from SHA funds only if the property is acquired. Approval ofthe Memorandum of Understanding is recommended. (D) (E) Approval of Request to use R & E Funds for Contract Unit Pricing Public Works requests to replace 1820 LF of water main on Anderson Circle. The existing water main is an old 4" cast iron line dating back to 195 I. While the new housing units are underway on this street it makes good sense to replace the main now so not to damage new landscape and yards. Public Works staff recommends replacement of the water main on Anderson Circle using R & E funds. - (F) Extension of the Moratorium on the Issuance of Privilege Licenses for Vehicle for Hire for an Additional 30 Days until December 16, 2003 MOTION: Council Member Newcomb made a motion to approve consent agenda items A, B, D, E and F. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. November 17,2003 14 MOTION: Council Member Cramer made a motion to approve consent agenda item C. The motion was seconded by Council Member Scoggins. Council Member Newcomb stated he believes that targeting changes in the retirement plan for specific individuals is generally not a good idea. Council Member Newcomb stated that this proposal will generate a liability to the retirement plan of approximately $55,000 over a period of 20 years. Council Member Pritchett stated that the City's officials must be careful about the manner in which taxpayer resources are used, and that she cannot support this proposal. Motion was approved 5 - 2, with Council Members Newcomb and Pritchett voting in opposition. COMMITTEE REPORTS: - Council Member Wood recognized Ms. Edgar, and Ms. Edgar reported that the comprehensive annualfinancial report (CAFR) will be completed around December 15. Council Member Wood wished Ms. Edgar a happy birthday, and commended her for her service to the City. Council Member Wood thanked the citizens of Ward 7 for their support of his re-election bid, and commended them for the high level of voter participation in Ward 7. Council Member Lnenicka recognized Mr. Chris Miller, who provided details of current permit statistics to those present. Council Member Lnenicka reminded those present about the Heritage at Vinings Homeowners Association meeting at City Hall tomorrow evening. Council Member Lnenicka expressed appreciation to the citizens of Ward 6 for their support of his re-election bid. Council Member Lnenicka commended the candidates in the recent election for their efforts and participation in the election process. Council Member Lnenicka thanked his family for their patience with his frequent absences during the election campaign. Council Member Lnenicka thanked his campaign stafffor their assistance. Council Member Lnenicka pledged to do his best on behalf ofthe citizens of Ward 6. Council Member Cramer recognized Ms. Kirk, and Ms. Kirk expressed appreciation to the Northwest Telephone Volunteers, KSB Volunteers and Council Members Cramer and Pritchett for helping to make America Recycles Day a success. Ms. Kirk stated that November 22 will be Use Less Stuff Day, which is an event to help raise awareness of avoiding waste during the holiday season. - Council Member Cramer recognized Mr. Hildebrandt, who had no report. Council Member Cramer recognized Mr. Stokes, who reported that a holiday schedule will be in effect for sanitation services during the week of the Thanksgiving holiday. Mr. Stokes provided details of various Public Works Department projects and activities to those present. Council Member Cramer congratulated Mr. Jimmy Smith on his successful bid for the Ward 5 counci I post. Council Member Weeks recognized Ms. Hiott, and Ms. Hiott provided current statistics regarding City court and probation operations to those present. Ms. Hiott stated that an indigent defense program and an intervention program are in place in the court services division with numerous persons currently participating in these programs. Ms. Hiott stated a new accounting system is now in use in the court/probation area and seems to be working well. Ms. Hiott reminded those persons wishing to use absentee ballots in the November 25 run-off election to finish making these arrangements as soon as possible. Ms. Hiott suggested that voting on site at the Cobb County Board of Elections is an alternative some citizens may wish to consider. Ms. Hiott stated that the volume of court business has expanded to the extent that addition of another court date on - November 17, 2003 15 Tuesday afternoons is now being planned. Council Member Weeks expressed appreciation to the citizens for turning out to vote in the recent City election. - Council Member Scoggins recognized Chief Hook, who provided details concerning current City police operations and related statistics to those present. Council Member Scoggins recognized Chief Williams, and Chief Williams congratulated Mr. Steve Gaddy for completing the requirements for police officer certification. Chief Williams reminded those present that leaves and other yard waste cannot be burned in the City without a special permit. Chief Williams provided details of the recent fire at Mrs. Winner's restaurant to those present. Council Member Scoggins stated the voter turnout in Ward 3 for the recent City election was quite good, and that he considers this to be an indication of community pride among the residents of Ward 3. Council Member Scoggins stated he will continue to make efforts to bring progress to the City. Council Member Newcomb recognized Mr. Corey, who provided details of various positions for which the City is currently recruiting. Mr. Corey stated the City Thanksgiving Dinner will be on November 19 at the Community Center. Mr. Corey stated an Education Fair will be held at the Community Center on November 20. Council Member Newcomb stated that, although he faced no opposition in this year's election, he does not take for granted the support and friendship shown to him by the citizens of Ward 2. Council Member Newcomb stated he is looking forward to representing the Citizens of Ward 2 for another four years. - Council Member Pritchett recognized Mr. Ciaccio, and Mr. Ciaccio reported that Mrs. Patty Bacon was recently recognized by the Georgia Parks and Recreation Association for her work in the area of senior services. Mr. Ciaccio stated that the Christmas lights will be in place around the City shortly after Thanksgiving. Council Member Pritchett recognized Mr. Seigler, who reported that City Library use statistics continue to trend upward. Mr. Seigler provided details of upcoming programs and events at the City Library. Council Member Pritchett recognized Ms. Bennett, and asked Ms. Bennett to provide details to those present about a film for Cobb TV 23 on the subject of local schools. Ms. Bennett stated that a short segment of this film will feature schools in Smyrna, and that the content demonstrates that the schools in Smyrna are good schools and good for students. Council Member Pritchett commended Ms. Bennett for her efforts. Council Member Pritchett commended Mr. Curt Johnston for his diligence as a Cobb County Board of Education representative. Council Member Pritchett stated that creation of aT AD will be beneficial to the local schools. Council Member Pritchett stated that changing apartment complexes into owner occupied housing could make a positive difference in the local schools. Council Member Pritchett stated she is proud to have the opportunity to serve on the city council for another four years, and thanked the citizens of Ward 4 for their support. CITIZENS INPUT: - Mayor Bacon recognized Mrs. Jean Martin, residing at 3435 Lee Street, and Mrs. Martin stated that the proposed TAD measure is a good idea for the City. Mrs. Martin expressed concern about the large number of junk cars visible in the yards of some residences in the City. November 17,2003 16 Mayor Bacon recognized Ms. Tara Carr (phonetic), who commented favorably about the character and abilities of Mr. Howard Smith. Ms. Carr stated she supports Mr. Smith's candidacy for the Ward 4 council post. - SHOW CAUSE HEARING: (A) Show Cause Hearing - KHM Enterprises DBA El Pastor - 350 Pat Mell Road - Ae Rok Choi, Agent (JC) Mayor Bacon recognized Mr. Sam Han, and Mr. Han stated he is present on behalf of Mr. Choi, who is absent because of illness. Council Member Cramer stated that he wishes to proceed with this show cause hearing. Mr. Cochran stated the file on this matter contains a record of a written communication advising the licensee of this hearing, and that receipt of this written communication is acknowledged by the signature of the recipient. Mr. Wright stated that on June 21, 2003 Ofc. W. J. Andrew was working a security detail at EI Pastor when a male subject was observed walking out the front door ofthe establishment. Mr. Wright stated that Ofc. Andrew made contact with the subject and noticed the subject smelled of alcoholic drink. Mr. Wright stated a check of identification by Ofc. Andrew revealed the subject was 18 years of age. Mr. Wright stated that Ofc. Andrew reported that the subject said he had consumed two beers earlier. Mr. Wright stated that Ofc. Andrew placed the subject under arrest and transported him to jail. Mr. Wright stated that Ofc. Andrew reported that the management of the establishment was unaware that the subject had been served alcoholic beverages. Mr. Wright stated that the subject testified in court that he had been served an alcoholic beverage by a bartender at EI Pastor. - Mayor Bacon recognized Ofc. W. J. Andrew, and Ofc. Andrew stated that on June 21,2003, he was working a part-time security job at El Pastor. Ofc. Andrew stated that he encountered the subject around 1 :20 a.m. on the date of the incident. Ofc. Andrew stated he was not checking for identifications at the bar, but rather was in the parking lot of the establishment patrolling the outside area. Ofc. Andrew stated he observed the subject Scott Anderson inside the bar, but could not confirm that Mr. Anderson had purchased an alcoholic beverage at the subject location. Ofc. Andrew stated he arrested Mr. Anderson on the incident date on the charge of minor in possession. Mr. Cochran asked Mr. Han ifhe had any questions he would like to ask Ofc. Andrew. Mr. Han stated the owner ofEl Pastor said that Mr. Anderson was not drinking at the bar, and that perhaps Mr. Anderson had some alcoholic beverages in his vehicle. Mayor Bacon recognized Mr. Scott Anderson, residing at 525 Kennesaw Drive. Mayor Bacon asked Mr. Anderson if he had purchased beer at El Pastor, and Mr. Anderson answered in the affirmative. Mayor Bacon asked Mr. Anderson if anyone at EI Pastor had checked his identification, and Mr. Anderson answered in the affirmative. Mayor Bacon asked Mr. Anderson who checked his identification at EI Pastor on the night of the incident, and Mr. Anderson stated a man at the door checked it. Mayor Bacon asked Mr. Anderson if his identification was checked by anyone at EI Pastor at the time he ordered beer at the bar, and Mr. Anderson said no. Mayor Bacon asked Mr. Anderson if he had any beer in his car, and Mr. Anderson said no. Mr. Cochran asked Mr. Han ifhe wishes to ask Mr. Anderson any questions, and Mr. Han stated he does not. Council Member Scoggins asked Mr. Han if Mr. Han is a lawyer or is he an accountant, and Mr. Han stated he is an accountant, and that he is present at this hearing as a courtesy to Mr. Choi. Council Member Lnenicka asked Mr. Han if there is any evidence to support Mr. Choi's claim of illness on the present date, such as documentation from a hospital or - November 17,2003 17 - a physician, and Mr. Han stated he has no idea whether or not Mr. Choi went to a hospital or any other facility. Council Member Lnenicka asked Mr. Han what time Mr. Choi called Mr. Han to advise him he was ill and would not be present at the hearing, and Mr. Han said Mr. Choi called him around 4:30. Council Member Lnenicka asked Mr. Han ifMr. Han was in his office at the time this call was received, and Mr. Han answered in the affirmative. Council Member Cramer asked Mr. Anderson ifhe pleaded guilty in court to the charges against him, and Mr. Anderson answered in the affirmative. MOTION: Council Member Scoggins made a motion to recess for 10 minutes, and the motion was seconded by Council Member Cramer. Motion was approved 7 - O. MOTION: Council Member Wood made a motion to adjourn from recess, and the motion was seconded by Council Member Cramer. Motion was approved 7 - O. MOTION: Council Member Cramer made a motion to suspend the license for retail pouring of beer at EI Pastor, 350 Pat Mell Road, Ae Rok Choi, Agent, for 15 days commencing at midnight on November 17,2003 through December 2,2003 at midnight. The motion was seconded by Council Member Lnenicka. Council Member Lnenicka stated he is disturbed by the testimony of the witness indicating that the staff at El Pastor checked the identification of the witness and then admitted him to the bar area. Council Member Lnenicka commended Mr. Anderson for attending this hearing. Council Member Lnenicka stated that carelessness in the way that alcoholic drinks are sold is probably a contributing factor to the number of alcohol-related motor vehicle accidents that occur. Council Member Lnenicka urged the management of EI Pastor to make a concerted effort to evaluate their way of doing business and try to make improvements in order to prevent future mistakes such as the one under consideration at this hearing. Motion was approved 7 - O. - (H) Privilege License - Retail Pouring (Beer Only) - Appeal of Hearing Officer's Decision- KHM Enterprises DBA El Pastor - 350 Pat Mell Road - Hyung Tae Kim, Agent Applicant Mr. Wright stated the applicant's request was heard before the City Hearing Officer on September 10, 2003 and was denied because of the large number of incidents reported by the police at the subject location. Mr. Wright stated the applicant was the manager at EI Pastor at the time of the violation which was the subject of the show cause hearing held at this meeting. 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 Cramer provided details to those present regarding the various complaints concerning EI Pastor reported to the City police department during the existence of this business. Mayor Bacon recognized Mr. Scott Anderson, Sr., who asked the Council Members to deny the applicant's request. Mr. Anderson expressed concern about the testimony regarding EI Pastor he heard at this meeting. - MOTION: Council Member Cramer made a motion to table privilege license, retail pouring of beer only, appeal of Hearing Officer's decision for KHM Enterprises DBA EI Pastor at 350 Pat Mell Road for Hyung Tae Kim, Agent Applicant until the December 1, 2003 meeting. Council Member Lnenicka stated that a staff report indicates EI Pastor seems to be primarily a pool hall. Mr. Han stated he realizes that City regulations require a major percentage of a restaurant's sales to be food, and that efforts will be made to try to reduce the number of pool tables at EI Pastor. November 17,2003 18 Mayor Bacon advised Mr. Han that the most important thing for EI Pastor employees to know is which customers can purchase alcoholic beverages and which customers cannot. Council Member Newcomb stated the fact that identifications are checked at the entrance to EI Pastor suggests to him that this business is not really a restaurant. Mayor Bacon stated that the presence of off-duty police personnel patrolling the area around the business is not consistent with what one normally expects to find at a restaurant. Motion to table this appeal was approved 6 - O. (Clerk's Note: Council Member Pritchett was not present at the time of the vote) - Mayor Bacon recognized Mr. Scott Anderson, Sr., who commended Council Member Cramer for his service as a council member to the residents of Ward 5. Mayor Bacon stated the upcoming run-off election on November 25 is very important to the future of the City. Mayor Bacon urged all the citizens to exercise their right to vote. ADJOURNMENT: e meeting was adjourned at 11 :04 p.m. A. MAX BACON, MAYOR lL 2- 0 ,1) RON NEWCOMB, WARD 2 - ~~Cd~ CHARLES PETE WOOD, WARD 7 ~ / (/:. ,_/- WADE S. LNENICKA, WARD 6 - AFFIDA VIT , ... Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, A. Max Bacon, who after being duly sworn, deposes and on oath states the following: (1) I was the presiding officer of a meeting of the Council Meeting held on the 1 ih day November, 2003. (2) That it is my understanding that O.C.G.A. S50-14-4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception (3) The subject matter of the closed meeting or closed portion of the meeting held on the 1 ih Day of November, 2003, which was closed for the purpose(s) of discussion of legal matters regarding El Pastor Show Cause Hearing as allowed by O.C.G.A., Title 50, chapter 14, was devoted to matters within those exceptions and as provided by law. (4) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. S50-14-4(b) that such an affidavit be executed. ... This 17th day of November, 2003. /~ Mayor A. Max Bacon Sworn to and subscribed before me This 17th day of November, 2003. ~o. ~ ~ Notary Public ~ ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 632 Acres 0.62 2003-32 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 and 60 percent of the resident electors 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 November 17,2003 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 17th day of November.200J. /~ ---------- A. Max Bacon, Mayor Susan . Hiott, City Clerk City of Smyrna - sc~ C;ty-;w.;:,y City of Smyrna - Ordinance 2003-32 Exhibit "A" All that certain property situated and being in Land Lot 632 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Parcel 1, and more particularly described as follows: BEGINNING at the common intersection of Land Lots 631, 632, 664, and 665, said point being the POINT OF BEGINNING; thence southerly along the eastern lot line of Land Lot 632 a distance of 270 feet to a point; thence northwesterly a distance of 170 feet more or less to a point; thence northerly a distance of 50 feet to a point; thence northeasterly a distance of 192 feet to a point on the northern lot line of Land Lot 632; thence easterly along the northern lot line of Land Lot 632 a distance of61 feet to the POINT OF BEGINNING. Said tract or parcel containing 0.62 acres, more or less. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 562 Acres 0.32 2003-33 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 and 60 percent of the resident electors 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 November 17,2003 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 17th November, 2003. day of ~~ ~ " A. Max Bacon, Mayor ~f)'~~ Sus n D. Hiott, City Clerk City of Smyrna - Jfh~ Scott t(1ochran, City Attorney City of Smyrna Ordinance 2003-33 Exhibit "A" - All that certain property situated and being in Land Lot 562 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Parcel 49, and more particularly described as follows: BEGINNING at the intersection of the western right-of-way of Reed Street with the northern right-of-way of Hawthorne Avenue; thence westerly along said right-of-way of Hawthorne Avenue a distance of90 feet to a point, said point being the POINT OF BEGINNING; thence continuing westerly along said right-of-way of Hawthorne A venue a distance of 100 feet to a point; thence northerly a distance of 140 feet to a point; thence easterly a distance of 100 feet to a point; thence southerly a distance of 140 feet to the POINT OF BEGINNING. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 393 Acres 4.20 2003-20 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 100 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 meeting on such on November 17,2003 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 17th November, 2003. fi A. Max Bacon, Mayor ~ D. Yfiitl) / ~ HIOtt, CIty Clerk City of Smyrna - ~ seD) Coehi:t:: Attorney City of Smyrna ORDINANCE #2003-20 - Exhibit "A" All that tract or parcel of land lying and being in Land Lot 393, 1 ih District, 2nd Section, Cobb County, Georgia and being further described as follows: Beginning at an iron pin found at the southeast comer of Land Lot 393 and being located at a point at the common corner to Land Lots 393,394,399 and 400; thence running north 88 degrees 41 minutes 56 seconds west a distance of632.81 feet to a one inch open top pipe; thence continue north 09 degrees 17 minutes 49 seconds east a distance of 301.67 feet to a one inch open top pipe; thence continue south 88 degrees 47 minutes 02 seconds east a distance of 590.66 feet to a one inch open top pipe on the eastern boundary of said Land Lot 393; thence continue along the eastern boundary of said Land Lot 393 south 01 degrees 15 minutes 59 seconds west a distance of 299.62 feet to an iron pin set and the true point of beginning. Being further described as 4.20 acres according to plat of survey prepared by Christopher A. Evans, GA R.L.S. 2784 of Gaskins Surveying & Engineering Company, dated June 30, 2003. - ... Revised October 3, 2003 ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 381 Acres 7.96 2003-30 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 and 60 percent of the resident electors described in Exhibit "A" attached hereto have been notified ofthe 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 November 17,2003 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 ofthe citizens ofthe 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 17th day of November, 2003. /~ A. Max Bacon, Mayor Q3~D. ~ Susan D. Hiott, City Clerk City of Smyrna - Sc A. Cochran, City Attorney City of Smyrna ... Ordinance 2003-30 Exhibit "A" All that tracts or parcels of land lying and being in Land Lot 381 of the 17th District, 2nd section of Cobb County, Georgia, and being more particular described as follows: Commencing at a point formed by the intersection of the North right of way of Concord Road, and the common land lot line formed by land lots 380 and 381; thence West along the common land lot line formed by land lots 380 and 381 for an approximate distance of 729 feet to a point of beginning; ... thence South 33 degrees 02 minutes 57 seconds East for a distance of 306.30 feet to a Point; thence South 33 degrees 46 minutes 38 seconds East for a distance of 197.37 feet to a Point; thence South 53 degrees 42 minutes 21 seconds West for a distance of 200.00 feet to a Point; thence South 54 degrees 44 minutes 38 seconds West for a distance of 241.66 feet to a Point; thence North 35 degrees 48 minutes 10 seconds West for a distance of 212.72 feet to a Point; thence South 02 Degrees 02 Minutes 54 Seconds East for a distance of 35.67 feet to a point; thence South 63 Degrees 53 Minutes 55 Seconds West for a distance of 235.81 feet to a point; thence North 27 Degrees 07 Minutes 12 Seconds West for a distance of 100.37 feet to a point; thence North 26 Degrees 06 Minutes 23 Seconds West for a distance of 65.31 feet to a point; thence North 14 Degrees 51 Minutes 12 Seconds West for a distance of 36.10 feet to a point; thence North 23 Degrees 30 Minutes 26 Seconds West for a distance of 123.27 feet to a point; thence North 26 Degrees 45 Minutes 16 Seconds West for a distance of 76.78 feet to a point; thence North 32 Degrees 08 Minutes 17 Seconds West for a distance of 63.83 feet to a point; thence North 80 Degrees 12 Minutes 29 Seconds East for a distance of 406.58 feet to a point; thence North 01 Degrees 38 Minutes 25 Seconds West for a distance of 152.10 feet to a point; thence North 88 Degrees 30 Minutes 00 Seconds East for a distance of 221.91 to the Point of Beginning; Tract containing 7.96 acres more or less. ... ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 632 Acres 2.07 2003-24 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 and 60 percent of the resident electors 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 November 17,2003 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 17th November, 2003. day of ~~~ A. Max Bacon, Mayor ~D.~ Su an D. HIOtt, CIty Clerk City of Smyrna - Ity Attorney Ordinance 2003-24 Exhibit "A" - All that certain property situated and being in Land Lot 632 of the 1 th District and 2nd Section of Cobb County, Georgia, being Parcels 53, 86, and 87, and more particularly described as follows: BEGINNING at the intersection of the northern right-of-way of Spring Street with the eastern lot line of Land Lot 632; thence northerly along said lot line of Land Lot 632 a distance of 400 feet more or less to a point, said point being the POINT OF BEGINNING; thence continuing northerly along the eastern lot line of Land Lot 632 a distance of 330 feet to a point; thence westerly a distance of 200 feet to a point on the eastern right-of-way of Mildred Place; thence southerly along said right-of-way of Mildred Place a distance of 40 feet more or less to a point; thence westerly a distance of 210 feet to a point; thence southeasterly a distance of 110 feet more or less to a point; thence southeasterly a distance of 120 feet to a point on the western right-of-way of Mildred Place; thence easterly a distance of 50 feet to a point on the eastern right-of-way of Mildred Place; thence southerly along the eastern right-of-way of Mildred Place a distance of 40 feet more or less to a point; thence easterly a distance of 190 feet to the POINT OF BEGINNING. - - RESOLUTION - A RESOLUTION OF THE CITY OF SMYRNA, GEORGIA, CREATING THE ATLANTA ROAD CORRIDOR REDEVELOPMENT AREA AND TAX ALLOCATION DISTRICT NUMBER ONE - ATLANTA ROAD CORRIDOR; DESIGNATING THE BOUNDARIES OF THE REDEVELOPMENT AREA AND TAX ALLOCATION DISTRICT; ESTABLISHING THE TAX ALLOCATION INCREMENT BASE FOR THE TAX ALLOCATION DISTRICT; ADOPTING A REDEVELOPMENT PLAN FOR THE AREA; ESTABLISHING THE INTENT TO ISSUE AND SELL TAX ALLOCATION BONDS NECESSARY TO EFFECTUATE THE REDEVELOPMENT OF THE AREA; AUTHORIZING THE CITY OF SMYRNA DOWNTOWN DEVELOPMENT AUTHORITY TO ACT AS THE REDEVELOPMENT AGENT TO IMPLEMENT THE REDEVELOPMENT PLAN PURSUANT TO THE REDEVELOPMENT POWERS LAW; AND FOR OTHER PURPOSES. WHEREAS, the Redevelopment Powers Law (O.C.G.A. S 36-44-1 et seq.) provides for the establishment of redevelopment powers and the creation of redevelopment plans and tax allocation districts by counties and municipalities in the State of Georgia; and WHEREAS, the purpose of the Redevelopment Powers Law is to improve economic and social conditions within substantially underutilized and economically and socially depressed urban areas that contribute to or cause unemployment, limit the tax resources of counties and .. municipalities while creating a greater demand for governmental services, and have a deleterious effect upon the public health, safety, morals and welfare; and WHEREAS, it is in the public interest of the City of Smyrna that the Redevelopment Powers Law be exercised to improve economic and social conditions of the Atlanta Road Corridor Redevelopment Area in order to abate or eliminate deleterious effects of its current depressed and underutilized state; and WHEREAS, the City Council of the City of Smyrna (the "Council") finds that the Atlanta Road Corridor Redevelopment Area suffers from blighted and underdeveloped land characteristics that contribute to or cause unemployment, limit the tax resources of the City and County while creating a greater demand for government services, and in general have a deleterious effect on the public health, safety, and welfare; and WHEREAS, the Council finds that the Atlanta Road Corridor Redevelopment Area is substantially underutilized by containing a substantial number of structures and buildings of relatively low value compared to the value of other structures and buildings in the vicinity and that the current condition of the area is less desirable than the redevelopment of the area for new retail, commercial, residential, office, and other uses, including the provision of pedestrian and transportation improvements; and WHEREAS, adoption of the Atlanta Road Corridor Redevelopment Plan and creation of _ the Atlanta Road Corridor Tax Allocation District (the "Atlanta Road Corridor TAD") is A TLANT A:4591802.\ necessary to assure that Smyrna maintains commercial and economIC vitality that IS commensurate with the region; and ... WHEREAS, the City of Smyrna has designated the City of Smyrna Downtown Development Authority (the "Authority") as its Redevelopment Agency pursuant to O.C.G.A. ~ 36-44-1 et seq.; and WHEREAS, the Authority has prepared a Redevelopment Plan for the Atlanta Road Corridor Redevelopment Area pursuant to O.C.G.A. ~ 36-44-3(9); and WHEREAS, the Council desires to adopt the Atlanta Road Corridor Redevelopment Plan and create Tax Allocation District Number One -- Atlanta Road Corridor. NOW, THEREFORE, THE COUNCIL OF THE CITY OF SMYRNA, GEORGIA HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Smyrna finds and declares that the Atlanta Road Corridor Redevelopment Area has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the Atlanta Road Corridor Redevelopment Plan (the "Redevelopment Plan"). Section 2. The City of Smyrna finds and declares that improvement of the Atlanta Road Corridor Redevelopment Area is likely to enhance the value of a substantial portion of other real property in the district. - Section 3. The City of Smyrna adopts the attached Redevelopment Plan, prepared by the Authority, as the Redevelopment Plan for the aforesaid area pursuant to the Redevelopment Powers Law. Section 4. The City of Smyrna creates Tax Allocation District Number One -- Atlanta Road Corridor (the "Atlanta Road Corridor TAD") pursuant to the Redevelopment Plan and the Redevelopment Powers Law. Section 5. Tax Allocation District Number One -- Atlanta Road Corridor is hereby created as of December 31, 2003, and shall continue in existence until all redevelopment costs, including financing costs and debt service on tax allocation bonds, are paid in full. Section 6. The City of Smyrna hereby establishes the estimated Tax Allocation Increment Base of $29,279,178. The property taxes to be used for computing tax allocation increments are specified in the attached Redevelopment Plan and incorporated herein by reference. Section 7. The City of Smyrna designates the Authority to serve as its redevelopment agent to implement the provisions of the Redevelopment Plan and to effectuate the redevelopment of the Atlanta Road Corridor Redevelopment Area pursuant to the Redevelopment Plan and the Redevelopment Powers Law. - A TLANT A:4591802, I ... Section 8. The City of Smyrna intends, if practical, to authorize the issuance of tax allocation bonds and such other redevelopment bonds as may be necessary to implement provisions of the Redevelopment Plan as adopted by the Council. Section 9. In the event that tax allocation bonds or other redevelopment bonds are issued pursuant to the Redevelopment Plan, the Council authorizes the use of the proceeds of such bonds by the Authority and the City of Smyrna for any and all eligible uses including, without limitation, costs of issuance of the tax allocation bonds; capital costs of public and private improvements, including but not limited to streets, bridges, utilities, storm and sanitary sewers, parks, parking facilities, sidewalks and streetscapes; professional services costs, including fees for architectural, engineering and environmental services; and such other uses deemed necessary pursuant to provisions of the Redevelopment Plan and the Redevelopment Powers Law. Section 10. The property proposed to be pledged for payment or as security for payment of tax allocation bonds will include the positive ad valorem tax allocation increments derived from Tax Allocation District Number One -- Atlanta Road Corridor. Section 11. All resolutions and parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Approved by Mayor and Council this 17th day of November, 2003. Attest: - A. Max Bacon, Mayor ~j).~ S san D. Hiott, City Clerk City of Smyrna Approved as to form: J~ Sco A. Cochran, City Atto~ City of Smyrna -- A TLANT A:4591802. I 'NSOLIDATED MUNICIPAL/COUNTY CEHTIFICATION OF !{ETURNS FOR: '.. ( ) SPECIAL ELECTION ( 0GENERAL ELECTION ( ) RUNOFF ELECTION ffit/6~lbc'l( u: o?0c13 " Date " (!/ 7l" t:? :/ 01 L/ ;(';(/ ~ ~~~~~. i-i~:~1 i-';:-ic~lll) t yr-- C:ahb aL/A./7/ III.~trucliUIlS: Prepare alld prillt (4) cupil's of Ihe Ell'l'lioll Sllllllllary (COllllty cOllsolidaled 'otl' totals report that is gellerated hy GEl\lS). Atwch copies of this cOllsolidalcd cel.tilkatioll H'pO!'t as follolls: I. \Vhill' sheet is attacheuto Eleclioll Sllllllll:II"j' alld ITtllrlled 10 Secrcla!'y of Stall'. 2. Ydlow sheet i.s attached to Elcclioll SlIllllllal'Y alld IlIailllailll'd hy Superillll'llIklll. J. I'i,il~ sheet is attached 10 Elccliou SUllllllal'y alld Sl'U( to ell"'" of SUPCriCII' Courl. 4. Goldell/'()d Copy is altached to Elcclioll SlIlIlIlIary alld illllllcdiall'ly posll'd at the ('ily Ilall ( dly) 01' l'OUI.thouSl' (coullty) ELECTION SIII\II\IARY MUST BE Ant\('IIEI> To TillS FOI{I\\ WHITE-IN VOTES: Reconl totalllullIhe)' or votes )'eccived hy all llualified "Tite-in candidates. Votes reconJed hel'e al'e the wdte-ill totals I'nHn Direct Rl'conl Ekdnmk 1\ lachines and Optical Scan Ahselltee/Pruvisiollal Ballots. WHITE-IN CANDIDATES (Insert Titles of Offices and Names or Candidates) Insert Vote Totals On Blanks Below: ',-, \'0 ll's Votes Votes Votes Votes Votes Votes We, the umJen;iglled Superintendellt of Elections and his/hel' Assistants, do jointly ami severally certify that the attached Election Summary is a true alld coned count or the votes cast in this City/County, and that the above listed Write-In Votes constitute all votes cast for lJualified Write-In Candidates on Direct Record Electronic Machines and Optical Scan Absentec/Pmvisional Ballots. In TESTIMONY WIIEREOF, We havc he0" 'unto sct our hands a~I~I.seals this 7 day of ~rc.i{..{-2' ",..111.5. Sll;NED IN Q ADRUPLlCA" J '---- , - , ~ ..-'~,. "-'" .. ; // ,1~' .L ( /~( ssistanl/, ,..\..:..J "1 ....,/ ...... Assistanl-.~.'" \ . III eriutcndcn . I" . '/ -. Assistan~':. /1 '. CI ~ Assist~II~.~ {~. 'i rc ~ Assistant' \,yS)./ Ii ( . :Oil .....<;.// ;~~"::.~.. ./ .. ..... '-" ORM# CR-SCM-LJRE-lJ3-C .... Election Summary Report Municipal General Election Summary for Smyrna, All Counters, City or Smyrna OFFICIAL RESULTS .' Date: 11/07/03 Time: 10:29: 10 Page: I of 1 '! .. M::I~~{I~::;:{I~{NA ___. _________ ._~____u_m_ u__ .-~ _ T~:~~: 17.07% j - 2~~~~.~~::~ ....;;;;r::c:;:J_~~z...~==.J---'.:=:~:.-~~~ ~_.~~=-~~~~;-:.~~; ~::~~;n;;,; ""_ ..~~~:~.....,~~ CITY COUNCIL WARD I . ~ Total I - I M.I'RITCIIETT 153 9(L2J'Yc,!: Write-in Votes 6 3.77% ~~r:::--:;;~ .L.......~....:;,~;-::,;::L:~:-.u-r:;;;:=::.:.::~~~~..:::::::~~:~~~~.:;;:".:..:71.1..-...~~:;.....-.._~~~~II<..... ,.... m:-:-: CITY COUNCIL W ARlJ 2 RON NEWCOMB Write-in Voles Total. 'j 22998.71'%: 3 1.29% i .. " ~', .'.., .. - .,.'.. _.. ,-,' ..... ... .' . ,.,.~ I...... ~ ~ ..._ ..._.L.: ,_;'\'''~-:\:''-_':_ h .....,. "....II. ....',.. _. . l&&I!::.i.:.r.r~~~~~.i'~!:.-.\.o...'.~ :,.'.6.J-~":"":"H..!.' .~..:......:L. J......~..'__tu..::..;,....;;W:.o.I~..:~/.i"_~.:.J..':.-\~:.::. :JJ.'.,-.~;, I..:.....' ,..J....... CITY COUNCIL WAIW J JEAN AARON BILL SCOGGINS Write-in Votes Total Ih2 273 () 37.24% , 62.76% , 0.00%; ~1}~:.'-~..uJa...:...i...r....~-..t.J..:...,..,::...."iO't',1 . " :,~ . ~... .. 0..-...:.-.:. '..-._j.~.u.:.~r,..".:,_....~.~t).;..',,",,:""'..:""','... ..,,.. . ~ ..... . .~'.._~... ,;.,.._.:.....:.. .:.:.:';:li\L:-::"::'~""';,:"~, :'..: ~'L..L... ~ CITY COUNCIL WARD 4 /JON C11FEK 1l0WAIW MARTIN MIKE McNABB 1l0W ARD SMITI I "AULA WEEKS MARK WOODS Write-ill Voles . -- _____~I~~L___: I 1.\ 1.5,1'~;, 'J I L' ) J I 5 I'" ' I 0...... _. /0' 21)11 35.22%. I 1% 23.40% I 11,1 13.48%:] 41 4.85%; - -- -~)---(~~~:~~'-1 ....,~_:..___u~.. ._.. '- ______ ~ ._~ _.____~__ ___.___ n .. -'___..~... ...:....,......._._. 'h. . ......,..... CITY COUNCIL WAIW 5 JACK SIIINALL JIMMY SMITII Write-in Voles Tolal 222 2.") , I : J 47.D3% .1 52. 75'~;, I D.2 I '~;, I -A...-.........,<;..,.,,_...._,~~:~.... ..._.__.1......_._._._ ~- ~-------~. -------~--- --- I . - ........ "-'-- .-.. - .... ~.. .. CITY COUNCIL WARD 6 WADE LNENICKA FLOYD MILLIS Write-in Votes Total 541 2.11\ () G8.57~;, : 31..13':;, i (J.()()'~;) ~ ,., ...;.........r:::l2~:::;:;~;-..7:L.'~1:-;-~-.:-- - .~.- .'-'--:. -._..-..~ - ~'. ;- -.; , - .:-.; .;;. ".--. . .'._.~.. _.-....---~._--- ..:..,...,.. ...1.".... -~--. -. --... --.-----.--- .. -.--- ~ ..' ........ ..'...;..... _. 1'._ '-' GARRY OSBORNE R. REED-HARRIS PETE WOOD . Write-in Votes i~~:'~':~~~(~rOC bvli1::X.. . ._10'.'_' 'j Total ,.t 2511 23.98~~' 1 II IS 1 D.97%, iJ 70() 65.06'Yo i D D. DO%, , ..-- ----.-:---'1"' ~,-.~----_~ . .... '- ....., .. ......."f...._ ......... _,.. ~....;. ..... ......._. . CITY COUNCIL WAR/J 7 . I,' i,l ORDINANCE No. 2003-35 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 106 - VEGETATION, ARTICLE II, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTION 106-29 TO PROVIDE FOR A DEFINITION OF PUBLIC TREE; AND BY THE ADDITION OF SECTION 106- 40.1 AND SECTION 106-52 TO PROVIDE FOR THE PROTECTION AND CARE OF PUBLIC TREES AND CREATION OF A CITY TREE BOARD; AND BY AMENDING SECTIONS 106-28 AND 106-51 TO CLARIFY PROVISIONS FOR TREE MAINTENANCE AND CERTAIN EXEMPTIONS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 106, Article II, of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such Chapter shall read as follows: Section 106-28 - Exemptions shall be amended to read as follows: "(a) (1) The removal of trees from single-family or duplex lots of less than two acres in size." Section 106-29 Definitions shall be amended by the addition of the following definition: - "Public Tree - A tree located on City property including, but not limited to, City street rights-of-way, buildings, parks and cemeteries." Section 106-40.1 Protection and care for public trees shall be added as follows: "( 1) The city shall have the right to plant, maintain, prune, and remove trees, shrubs, and plants within the rights-of-way of all city streets, roads, and highways, in parks, around city facilities, and on other City grounds, as may be necessary or desirable to insure public safety, to preserve tree health, and to maintain and increase tree canopy cover. (2) All trees growing on city property shall be protected from damage to the crown, trunk, and roots. It shall be unlawful for any person to engage in any activity on private property that directly or indirectly adversely affects the health, safety, or condition of a tree on city property. Furthermore, active tree protection measures, as described in this chapter, shall be undertaken by the person engaging in any such activity to protect each affected tree's roots, trunk, crown, and critical root zone, from damage. If a person damages, destroys, or fails to protect a city tree, the city may require the person responsible for the damage to pay a fine equal to the appraised value of the tree, the cost of repairing the damage, and/or the cost of restoring the site to its original condition or as near as possible to its original condition. (3) The value of a city tree shall be equal to the appraised value. - Ordinance 2003-35 (4) The city may prune, remove or cause to be pruned or removed, any city tree or part thereof which is in an unsafe condition or which by reason of its location or condition is or may be injurious to sewers, water lines, electric power lines, gas lines, or other public improvements, or is infested with any injurious fungus, insect, or other pest." - Section 106-51- Tree Maintenance shall be amended by the addition of the following paragraph: "A two year tree maintenance bond shall also be required for any work within public rights-of-way or utility easements. This bond shall be equivalent to the restoration cost associated with all existing trees and shall be furnished to the City. This bond may be released by the City within two years after the work is completed provided trees are certified to be in good condition by the Community Development Director or his/her designee." Section 106-52 - Tree Board shall be added as follows: "( 1) A Tree Preservation Board (hereinafter referred to as the "Board") is hereby established to advise the Mayor and Council on matters pertaining to the preservation of trees and conservation of tree canopy cover within the City and to take instruction from the Mayor and Council regarding such issues. (2) The Board shall consist of eight (8) members who shall be appointed by the Mayor and Council. They shall serve without compensation. (3) A Chairman and Vice-Chairman shall be elected by the Board from among the Board members. Nominations for these positions shall be submitted to the Board annually at least ten (10) working days and not more than thirty (30) working days prior to the first meeting of each calendar year. Elections shall be held at the first meeting of each calendar year, at which time the term of office shall begin. - (4) A Secretary elected by the board from among the board members shall maintain records of the Board's proceedings and assist the City Clerk with dissemination of information, public awareness, and such other administrative duties as may be assigned by the Board. (5) The term of office for each member of the Tree Preservation Board shall be four (4) years. (6) In the event that a vacancy occurs during the term of any member, his or her successor shall be appointed by either the Mayor or Council. The Chairman of the Tree Preservation Board shall recommend to the Mayor and Council that a replacement be appointed for any member who fails to perform his/her duties. (7) A majority of the members of the Board shall constitute a quorum. (8) The Tree Preservation Board shall meet not less frequently than quarterly and shall establish rules and regulations for its operation consistent with the provisions ofthis chapter." - 2 Ordinance 2003-35 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 the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 17th day of November, 2003. /t Attest: A. Max Bacon, Mayor ~f)~ Su an D. HIOtt, CIty Clerk City of Smyrna - Approved as to form: ~~ - Scott A. Cochran, City Attorney City of Smyrna - 3