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02022004 February 2, 2004 Council Meeting February 2. 2004 - 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 Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Dr. Ted Holley from Vinings First Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda items #50 (Public Hearing - Variance Request V04-005 - Increase in Sign Height Above Street Level - 2289 South Cobb Drive - Turnkey Management) will be tabled to the March 1, 2004 meeting, and agenda item #6C (Public Hearing - Privilege License Request - Massage Practitioner - Camilla's - 1130 Concord Road - Lori Kirschbaum, Applicant) will be tabled to the February 16, 2004 meeting. CITIZENS INPUT: - Mayor Bacon recognized Mayor Cecil Pruett from the City of Canton. Mayor Pruett commended the City's officials and staff for their many accomplishments which have enabled the City to attain the Georgia Municipal Association (GMA) City of Excellence designation. Ms. Bennett presented a video feature to those present outlining various areas of progress throughout the City. Mayor Bacon stated that nine other cities in Georgia, including the City of Canton, were also recently recognized by GMA under the City of Excellence program. Mayor Bacon commented favorably about the continued progress that is evident in Canton. Mayor Bacon stated he is very proud that Smyrna has received this recognition, and pointed out that this achievement is the result of years of effort by current and former officials, staff, citizen volunteers and many others. Mayor Bacon recognized Mr. Curt Johnston, Dr. Earl Holliday and students from Campbell Middle School (CMS). Mr. Johnston congratulated Mayor Bacon and the Council Members for receiving the City of Excellence award. Dr. Holliday discussed various aspects of the education program at CMS, and the students presented this month's character education words to those present. MAYOR'S REPORT: Mayor Bacon had nothing to report. LAND ISSUES/ZONINGS/ ANNEXA nONS: (A) Public Hearing - Variance Request V04-002 - Reduction in Front and Rear Setbacks- 2940 Anderson Circle - Hatcher Homes - Mr. Wright stated that in accordance with the standards connected with this development, all homes are required to maintain a minimum front setback of 15.' Mr. Wright stated the applicant has requested to reduce the front yard setback to 11.3.' Mr. Wright stated staff has also identified the need for a variance to reduce the required 20' rear yard setback to approximately 19.8.' Mr. Wright stated staff recommends approval of the variances. February 2, 2004 2 Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Scoggins recognized Mr. Jeremy Ragsdale, and asked Mr. Ragsdale to explain the need for the requested variance to those present. Mr. Ragsdale stated a survey currently underway is expected to demonstrate that the house will not be over the building line in the rear. Mr. Ragsdale stated that a comer of the front porch encroaches on the building line by approximately 3 1f2 feet. Mr. Ragsdale stated the encroachment resulted from numerous modifications requested by the purchaser. Mr. Ragsdale stated the requested front setback variance would not impact in any way on a nearby sidewalk or the City's right-of-way. MOTION: Council Member Scoggins made a motion to approve Variance Request V04-002 for a reduction in front and rear setbacks at 2940 Anderson Circle for Hatcher Homes. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (B) Public Hearing - Variance Request V04-003 - Reduction in Minimum Lot Size - 1510 Spring Street - Hatcher Homes Mr. Wright stated the subject tract is an existing lot which the developer proposes to subdivide to build additional homes there. Mr. Wright stated the applicant has requested a variance to reduce one lot on the subject tract from the requisite minimum of 15,000 s. f. to 12,684 s. f. in order to allow an existing house with an existing swimming pool to remain. Mr. Wright stated staff recommends approval of the requested variance. 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 provide details of his plans for the subject property to those present. Mr. Hatcher stated the owners of the house at 1510 Spring Street expressed interest in selling a portion of the land at that location to him for construction of new homes. Mr. Hatcher stated the property at the rear of the existing residence is large enough for three new houses under R-15 guidelines. Mr. Hatcher stated that proposed lot #1 will encroach on the existing pool if that lot comprises 15,000 s. f. Mr. Hatcher stated the owners ofthe existing house want to keep the pool for their personal use. Mr. Hatcher stated it is proposed to redraw the lot line along the side ofthe pool. Mr. Hatcher stated that proposed lot #1 wi II actually comprise about 12,185.6 s. f. - MOTION: Council Member Scoggins made a motion to approve Variance Request V04-003 for reduction in minimum lot size at 1510 Spring Street for proposed lot #1 to 12,185.6 s. f. for Hatcher Homes. The motion was seconded by Council Member Pritchett. Motion was approved 7-0. (C) Public Hearing - Zoning Amendment Request Z04-004 - Reduction in Front and Rear Setbacks, Addition of Street Specifications - Concord Road and Old Concord Road - Silver Lake Village Mr. Wright stated the developer wishes to make modifications to the approved plan. Mr. Wright stated staff recommends approval of the proposed zoning amendment with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - February 2. 2004 3 ... Council Member McNabb recognized Mr. Garvis Sams, an attorney representing the applicant, and asked Mr. Sams to provide details of the proposed plan changes to those present. Mr. Sams stated that none of the requested changes pertain to density, number of homes, square footage, architectural style or price range. Mr. Sams stated the requested changes will affect only the interior of the subdivision. Mr. Sams stated that the subdivision was originally planned with private streets, but that subsequent plan review has revealed that public streets with 50' rights-of- way are appropriate. Mr. Sams stated a reduction in the rear setbacks for all the lots from 30' to 15' is requested. Mr. Sams stated a reduction in the front setbacks for all the lots to 5' is also requested. Mr. Sams stated that City staff has added an additional stipulation, which the applicant agrees to, requiring each residence to have a driveway with a minimum length of20' from the face of the garage to the back of the curb. Mr. Sams introduced Mr. Tad Braswell to those present, and Mr. Braswell provided additional details regarding the proposed plan changes to those present. Council Member McNabb asked Mr. Braswell to explain to those present what will replace the 10' landscape buffer originally planned adjacent to the nearby commercial areas. Mr. Braswell stated there are plans to erect a 6' privacy fence along part of the boundary of the subdivision. Council Member Lnenicka asked what the square footage of the proposed houses will be, and Mr. Braswell stated the houses well be about 2,200 s. f. in size. Council Member Lnenicka asked how the residents of the part of the subdivision near the commercial areas will be protected from lights, noise and other potential inconveniences associated with commercial activity. Mr. Braswell stated a fence and some landscaping can be installed to help mitigate any disturbances. Mr. Sams stated the developer can collaborate with the City arborist and staff to try to place some landscaping in areas where a buffer may be needed. - MOTION: Council Member McNabb made a motion to table Zoning Amendment Request Z04- 004 for reduction in front and rear setbacks and addition of street specifications at Concord Road and Old Concord Road for Silver Lake Village to the February 16, 2004 meeting. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (D) Public Hearing - Variance Request V04-005 - Increase in Sign Height Above Street Level - 2289 South Cobb Drive - Turnkey Management MOTION: Council Member Smith made a motion to table Variance Request V04-005 for increase in sign height above street level at 2289 South Cobb Drive for Turnkey Management to the March 1, 2004 meeting. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (E) Approval of Application for Annexation (Request by 100% of property owners) - .44 Acre Tract - Land Lot 632, Parcel 83, 1 ih District, 2nd Section - 2811 Madison Street - Steven and Ana Pacholick 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. MOTION: Council Member Scoggins made a motion to approve application for annexation of a .44 acre tract in Land Lot 632, Parcel 83, 17th District, 2nd Section, 2811 Madison Street for Steven and Ana Pacholick. The motion was seconded by Council Member Smith. Motion was approved 7 - O. ... February 2, 2004 4 PRIVILEGE LICENSES: (A) Public Hearing - Privilege License Request - Retail Pouring (Beer & Wine) - U.S. Cafe Express - 2350 Spring Road, #10 - Edward E. Perkins, 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 Newcomb recognized Mr. Perkins, and asked Mr. Perkins how long he has held a license for alcoholic beverage sales at his other business location, and Mr. Perkins stated he has had that I icense approximately fifteen years. Council Member Newcomb asked Mr. Perkins if he is familiar with the regulations governing the sale of alcoholic beverages, and Mr. Perkins answered in the affirmative. Council Member Newcomb asked Mr. Perkins ifhe is aware that local police authorities periodically conduct undercover inquiries at local establishments which sell alcoholic beverages to help ensure compliance with regulations governing such sales, and Mr. Perkins answered in the affirmative. Council Member Newcomb asked Mr. Perkins ifhe is aware that servers at his business must have individual permits and appropriate training, and Mr. Perkins answered in the affirmative. Council Member Newcomb stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. MOTION: Council Member Newcomb made a motion to approve a privilege license request for retail pouring of beer and wine for U.S. Cafe Express at 2350 Spring Road, #10 for Edward E. Perkins as agent. The motion was seconded by Council Member Pritchett. Motion was approved 7-0. - (B) Public Hearing - Privilege License Request - Massage Practitioner - D'Chel Spa, Nails & Tan - 1265 Spring Street, #B - Dung Le, 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. Le. Council Member Scoggins stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. MOTION: Council Member Scoggins made a motion to approve a privilege license request for massage practitioner for D'Chel Spa, Nails & Tan at 1265 Spring Street, #B for Dung Le. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (C) Public Hearing - Privilege License Request - Massage Practitioner - Camilla's - 1130 Concord Road - Lori Kirschbaum, Applicant Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - February 2,2004 5 - MOTION: Council Member McNabb made a motion to table privilege license request for massage practitioner for Camilla's at 1130 Concord Road for Lori Kirschbaum to the February 16,2004 meeting. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (D) Public Hearing - Privilege License Request - Retail Pouring (Beer & Wine) - Aloha Spices, Inc. DBA Aloha's - 3100 Highlands Parkway, #8 - Danny Deng, 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 Wood recognized Mr. Deng, and asked Mr. Deng to provide details to those present regarding the business he proposes to operate. Mr. Deng stated that Aloha's will be a restaurant featuring Chinese cuisine. Council Member Wood asked Mr. Deng ifhe has held a license of this type before, and Mr. Deng said no. Council Member Wood asked Mr. Deng ifhe has been furnished with a copy of the City's alcoholic beverage sales regulations, and Mr. Deng's associate, Mr. Johnson Chong, answered in the affirmative. Council Member Wood asked Mr. Chong ifhe and Mr. Deng understand these regulations, and Mr. Chong answered in the affirmative. Council Member Wood asked Mr. Chong what steps will be taken to make certain all of Aloha's servers are properly trained to serve alcoholic beverages. Mr. Chong stated that all Aloha's customers attempting to purchase alcoholic beverages will be required to present photo identification. Council Member Wood advised Messrs. Deng and Chong that local police authorities periodically conduct undercover inquiries at local establishments which sell alcoholic beverages to help ensure compliance with regulations governing such sales. - MOTION: Council Member Wood made a motion to approve a privilege license request for retail pouring of beer and wine for Aloha Spices, Inc. DBA Aloha's at 3100 Highlands Parkway, #8 for Danny Deng as agent. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. FORMAL BUSINESS: (A) Amendment of Home Occupation Ordinance - Notification Requirements Mr. Wright stated that presently the zoning ordinance requires applicants for a home occupation business license to obtain the signatures of all homeowners within 300 feet of their residence. Mr. Wright stated staff recommends adjusting this notification radius depending on the density of the neighborhood, and to permit the use of certified mail as an option for notification. Mr. Wright stated a number of applicants have indicated the current notification requirements are a hardship, particularly for those in higher density areas such as condominiums. Mr. Wright stated the proposed amendments will make it easier for these applicants to provide the required notice while maintaining the protections of the current ordinance. Council Member Lnenicka pointed out that this ordinance amendment is the result of a recommendation made by a citizen, and stated that this type of input can be valuable. - February 2, 2004 6 MOTION: Council Member Wood made a motion to approve amendment of the home occupation ordinance by adjusting the notification radius depending on the density of the neighborhood, and to permit the use of certified mail as an option for notification as recommended by staff. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. - COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of January 20, 2004 Minutes (B) Approval of Use R & E Funds to Replace 378 Feet of Water Main The Public Works Department is requesting to install a fire hydrant on Cindy Lane and replace 378 feet of aging water main at that location. Staff recommends approval of R & E funds for contract unit pricing for replacement and upgrade of this water main. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMITTEE REPORTS: Mayor Bacon stated that last week was a great one for the City, with significant events including receipt of the City of Excellence award and a visit from Governor Sonny Perdue. Mayor Bacon stated Smyrna's City of Excellence award is a tribute to the City's citizens, businesses, churches and civic organizations. - Council Member Pritchett stated it is an honor to be a council member for the City of Smyrna. Council Member Pritchett provided details to those present regarding a citizen's account she heard concerning a speedy response by the City's fire department to a recent call for emergency service. Council Member Pritchett stated the reporting citizen was extremely happy with the promptness and professionalism demonstrated by the City's fire department. Council Member Newcomb stated he is proud that Smyrna has received the City of Excellence award, and that this award is the result of efforts by both citizens and staff. Council Member Scoggins stated he is proud of Smyrna's recognition as a City of Excellence. Council Member McNabb stated that the businesses in the City need the support and patronage of the citizens in order to succeed and remain in the community. Council Member McNabb made reference to recent statistics which indicate that Smyrna is one of the fastest-growing communities in this area. Council Member Smith stated he is honored that Smyrna has been recognized as a City of Excellence, and that the progress in the City will continue. - February 2, 2004 7 - Council Member Lnenicka stated it is an honor for the City to receive the City of Excellence award, and that this achievement required efforts over a considerable period oftime by the City's staff, current and former officials and citizens. Council Member Lnenicka stated the National Commander of the American Legion visited the City on January 24 to see the Veterans Memorial. Council Member Lnenicka stated American Legion Post 160 in Smyrna hosted a dinner in the National Commander's honor. Council Member Lnenicka provided details to those present regarding a fraudulent scheme recently perpetrated in the City in which an individual pretends to be a stranded motorist and flags down passers-by and asks for money for fuel or other needs. Council Member Lnenicka reported that the alleged perpetrator has already been arrested at least twice by the City police for activities of this type. Council Member Lnenicka urged those present to exercise caution under such circumstances, and suggested that summoning police or other assistance by telephone for what appears to be a stranded motorist may be a safer alternative. Council Member Lnenicka provided details of his website to those present. Council Member Lnenicka stated that Ms. Cynthia Grayson has resigned from the Keep Smyrna Beautiful Commission (KSB), and that any Ward 6 resident interested in being considered for appointment to KSB should contact him. Council Member Wood stated it is an honor for the City to receive the City of Excellence award, and provided details to those present of the many reasons he believes Smyrna has qualified for this recognition. Council Member Wood stated this kind of achievement is realized from the efforts of many people working together. Council Member Wood made reference to recent statistics which indicate that Smyrna is one of the fastest-growing communities in this area. Council Member Wood stated he expects to see continued progress in the City. CITIZENS INPUT: - Mayor Bacon recognized Mr. Darrell Wood and Mrs. Bethany Wood, and Mr. Wood stated they are interested in possibly establishing a therapeutic massage practice. Mr. Wood asked what the basis of the City license fee for massage practitioners is. Council Member Lnenicka stated that the City ordinance pertaining to massage practitioners was last modified over a decade ago, and that the professional opinions of a registered nurse were solicited at that time to help formulate the revisions. Council Member Lnenicka stated that license fees from other jurisdictions were examined to see how they compared to those required in Smyrna. Council Member Lnenicka stated there are some regulatory expenses associated with privilege licenses for massage practitioners which he believes should be borne by the pertinent business operators and not City property owners. Council Member Lnenicka stated that further review for possible revision of the City ordinance pertaining to massage practitioners has been recently discussed. Council Member Lnenicka advised Mr. and Mrs. Wood that if they have any suggestions for possible revisions to the City ordinance pertaining to massage practitioners, any such input may be furnished to an appropriate City official for consideration by the City's elected body. ADJOURNMENT: With no further business, the meeting was adjourned at 9:00 p.m. - February 2, 2004 /L ~&~ CHARLES PETE WOOD, WARD 7 .~ AN D. HIOTT, CITY CLERK ~~. RON NEWCOMB, WARD 2 ! 8 - ----- - - ORDINANCE No. 2004-6 - AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES (ZONING) OF THE CITY OF SMYRNA, GEORGIA, SEC. 505 HOME OCCUPATION, BY DELETING EXISTING SUBSECTION (505.12) IN ITS ENTIRETY AND SUPPLANTING SAID SUBSECTION WITH A REVISED CODE TO ALLOW FOR ADJUSTMENT OF THE NOTIFICATION RADIUS DEPENDING UPON THE DESIGNATED DENSITY OF THE SURROUNDING HOUSING, AND TO INCLUDE A PROVISION TO ALLOW FOR USE OF CERTIFIED MAIL AS A _ NOTIFICATION OPTION FOR APPLICANTS BE IT ORDAINED BY THE MA YOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Section (505.12) of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such section shall read as follows: "All Applicants requesting a home occupation certificate must provide notice to the parties specified herein. Such notice shall include a copy of the application and shall specify the date, time and place for the hearing on the application. The applicant must submit proof that the notice requirements of this subsection have been met. Such notice shall be provided as follows: - Applicants living in a multi-family dwelling must notify the owner of the dwelling and all occupants in the building sought to be used as a home occupation. Applicants living in a single family dwelling in low density areas as designated by the comprehensive land use plan adopted by the City of Smyrna must notify all homeowners within a 300-foot radius as measured in a straight line from the front door of the dwelling sought to be used as a home occupation. Applicants in a single family dwelling in medium density areas as designated by the comprehensive land use plan adopted by the City of Smyrna must notify homeowners within a 200-foot radius as measured in a straight line from the front door of the dwelling sought to be used as a home occupation. Applicants living in a single family dwelling in high density areas as designated by the comprehensive land use plan adopted by the City of Smyrna must notify homeowners within a 100- foot radius as measured in a straight line from the front door of the dwelling sought to be used as a home occupation. - ORDINANCE No. 2004-6 - The notice required under this section may be made either by certified mail, return receipt requested, addressed to the designated party or by personal service. Proof of service must be submitted with the application and must consist of either the signed return receipt, an Acknowledgment of Service signed by the intended recipient, or a Certificate of Service signed by the applicant certifying that service was made in accordance with this section." 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 2nd day of February, 2004 - Attest: A. Max Bacon, Mayor ~D, Susan D. Hiott, City Clerk City of Smyrna Approved as to form: S ott A. Cochran, City A City of Smyrna ... 2 ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 632 Acres .44 2004-1 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 hearing on such on February 2. 2004 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 February. 2004 A. Max Bacon, Mayor r-Yf.. -,0. ~ ~ ~~~Clerk City of Smyrna - /1 ,JJ~ I tY~ ----, Scott A. CocMan, City Attorney City of Smyrna Ordinance 2004-1 - Exhibit "A" All that certain property situated and being in Land Lot 632 ofthe 1 ih District and 2nd Section of Cobb County, Georgia, being Parcel 83, and more particularly described as follows: BEGINNING at the common intersection of Land Lots 631, 632, 665, and 666; thence northerly along the eastern lot line of Land Lot 632 a distance of300 feet more or less to a point, said point being the POINT OF BEGINNING; thence continuing northerly along said lot line of Land Lot 632 a distance of 80 feet to a point; thence southwesterly a distance of 270 feet to a point on the northeastern right-of-way of Madison Street; thence southeasterly along said right-of-way of Madison Street a distance of70 feet to a point; thence northeasterly a distance of238 feet to the POINT OF BEGINNING. ... -