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02162004 February 16, 2004 Council Meeting February 16. 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, City Clerk Susan Hiott, City Attorney Scott Cochran, Assistant Fire Chief Jason Lanyon, Finance Director Claudia Edgar, Assistant Public Works Director Frank Martin, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Assistant Keep Smyrna Beautiful Director Virginia Davis, 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 Pastor Jeff Buchanan from Sharon Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: There were none. CITIZENS INPUT: Council Member Pritchett recognized Ms. Virginia Davis, and Council Member Pritchett read a Resolution in Recognition of Arbor Day to those present. Council Member Pritchett presented the Proclamation to Ms. Davis. - Mayor Bacon recognized Mr. Shah, and Council Member McNabb and Mayor Bacon provided information to Mr. Shah regarding a City ordinance matter Mr. Shah had previously inquired about. MAYOR'S REPORT: Mayor Bacon had nothing to report. LAND ISSUES/ZONINGSI ANNEXA nONS: (A) 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 Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Wright stated the subject property was rezoned last November from R-20 to RAD - Conditional. Mr. Wright stated the applicant is requesting some changes to the original plan. Mr. Wright stated staff supports the requested zoning amendment provided the conditions from the original zoning remain in effect except for specified revisions. - Mayor Bacon recognized Mr. Garvis Sams, an attorney representing the applicants, and Mr. Sams introduced Mr. Mark Gibbs to those present. Mr. Sams stated that the proposed plan revisions will not affect density, number of homes, or the style of the homes. Mr. Sams stated that staff has recommended that all streets within the planned subdivision, except for the alleyways, be designated as public streets with 50' rights-of-way. Mr. Sams stated that February] 6, 2004 2 the pavement on the streets will be 24' from back-of-curb to back-of-curb. Mr. Sams stated that a reduction in front yard setbacks from 30' to 5' is requested, as well as side setbacks of 5,' rear setbacks of 15' and 10' between buildings. Mr. Sams stated that a 6' high privacy fence and a 5' landscape strip will be installed by the developer in those areas of the subdivision which border commercial property. Mr. Sams stated the developer has agreed to build driveways for the planned residences measuring a minimum of 18' from the face of the garage to the back of the curb. (Clerk's Note: Other stipulations are set forth in the November 17,2003 minutes) -- MOTION: Council Member McNabb made a motion to approve Zoning Amendment Request Z04-004 for reduction in front and rear setbacks and addition of street specifications near Concord Road and Old Concord Road for Silver Lake Village with the following additional stipulations: ] 2. All streets within the residential community shall be public with 50' right-of-ways; however, the alleyways shall be private and maintained by the mandatory homeowners and be built to the City's specifications. The actual pavement width within said streets shall be 24' from back-of-curb to back-of-curb. 13. Each residence shall provide a driveway with a minimum length of 18' as measured from the face ofthe garage to the back of curb. 14. The developer shall provide a 6' high privacy fence and a 5' landscape strip between the subject parcel and the commercial property to the east. The trees within this buffer shall be spaced on center every 35'. The actual species oftrees to be placed within the buffer shall be determined by the Community Development Director. The motion was seconded by Council Member Scoggins. Mayor Bacon asked Mr. Sams if the applicant is agreeable to the stipulations, and Mr. Sams answered in the affirmative. Motion was approved 7 - O. (B) Public Hearing - Variance Request V04-004 - Boarding Kennel near Residentially-Zoned Parcel - 2540 B Cumberland Boulevard - Petsmart, Inc. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Wright stated the applicant is proposing to remodel an existing Petsmart store to provide] 8 indoor pet kennels. Mr. Wright stated the City's Zoning Code prohibits boarding kennels within 200' of any residentially zoned property, and the subject tract is approximately 50' from the Walton Grove apartment complex. Mr. Wright stated staff recommends approval of the requested variance with a number of conditions, which he summarized for those present. Mayor Bacon recognized Mr. Matt Fell and Mr. Todd Hatfield. Council Member Pritchett asked Mr. Hatfield to provide details regarding the requested variance to those present. Mr. Hatfield stated that Petsmart is entering into a new phase of business called pet hotels, which will be boarding and training facilities inside Petsmart stores. Mr. Hatfield stated 134 indoor pet kennels are actually planned for the subject facility, featuring beds, tile floors, and television. Mr. Hatfield stated that daycare for animals is available, as well as veterinary service. Mr. Hatfield stated that Pets mart will accept pets during hours the store is open, and that two associates are on duty overnight to help ensure the welfare of the boarded animals. Council Member Pritchett asked Mr. Hatfield if the boarding facilities are contained inside the Petsmart building, and Mr. Hatfield answered in the affirmative. Council Member Pritchett asked Mr. Hatfield if any of the boarded pets are taken outdoors at any time, and Mr. Hatfield said no. Council Member Smith asked Mr. Hatfield for additional information regarding the night staff at the facility. Mr. - February 16,2004 3 - Hatfield stated the night attendants are trained in pet care and hospitality, and that the care provided includes taking some of the animals for walks. Council Member Pritchett stated there is off-site monitoring of the pets boarded at Petsmart, and that an attendant can be summoned if an animal appears to be distressed. MOTION: Council Member Pritchett made a motion to approve Variance Request V04-004 for a boarding kennel near a residentially-zoned parcel at 2540 B Cumberland Boulevard for Petsmart, Inc., subject to the following stipulations: I. No outside activity shall be permitted in conjunction with the proposed boarding kennel. 2. The hours of operation shall be the same as the Petsmart store. 3. The boarding kennel shall be designed with sound attenuating devices to limit impact upon adjacent properties. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (C) Public Hearing - Zoning Request Z04-003 - General Commercial (GC) to Office Distribution (00) - 2.951 Acre Tract - Highlands Parkway and Oakdale Road - Michael Landers - Mr. Wright stated the applicant proposes to construct a combination office/warehouse mixed-use development including three buildings with 100,000 s.f. of storage space and 18,200 s.f. of office uses. Mr. Wright stated the Planning and Zoning Board (PZB) recommended approval of the requested rezoning during a recent meeting. Mr. Wright stated staff recommends approval of the proposed rezoning to Office Distribution-Conditional with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least two persons by Mr. Cochran. - Council Member Wood recognized Mr. Landers, and asked Mr. Landers to provide details regarding the proposed project to those present. Mr. Landers stated the plans for the subject tract include construction of two office buildings and an additional building for storage at the rear of the property. Mr. Landers showed a graphic representation of the proposed project to those present. Mr. Landers stated the storage building will consist of five floors, and will be slightly reduced in size to conform with buffer requirements. Mr. Landers stated the buildings will be built of brick in the brownstone architectural style. Mr. Landers provided details concerning the various features the proposed buildings will have. Council Member Wood asked Mr. Landers to provide details regarding buffering measures for the rear area of the proposed project located near residential property. Mr. Landers stated the configuration of the proposed storage building was changed in order to meet requirements for a 50' buffer. Council Member Lnenicka asked Mr. Landers how tall the storage building will be. Mr. Landers stated the City ordinance allows for a building up to 55' in height, and that this limit will not be exceeded. Council Member Lnenicka asked Mr. Landers if the rear building will feature walls comprised entirely of brick. Mr. Landers stated that, for reasons of safety, the use of actual functioning windows on the proposed building will be limited. Mr. Landers stated that architectural details simulating the appearance of windows will be used on the structure. Mr. Landers provided details to those present regarding other architectural features the proposed buildings will have. Council Member Smith asked Mr. Landers if any future tenants for the facility have made commitments to lease space there. Mr. Landers stated preliminary inquiries have been received, and provided details to February 16, 2004 4 those present concerning the types of tenants that can be expected to lease space at a facility of this type. Mr. Landers stated that a market study, which was conducted previously, indicates there is a need in this area for the type and amount of storage space proposed for the subject property. Mr. Landers stated a market study was not commissioned for the office space portion of the project. Mr. Landers stated the decision to build the office space resulted from his own analysis, and that he believes a need exists for the type of office space proposed. Council Member Lnenicka asked Mr. Landers how much of the subject tract is already graded, and Mr. Landers provided some details of the grading at the subject tract to those present. Council Member McNabb commended Mr. Landers for including fountains in the proposed plan. - Mayor Bacon recognized Mr. Filippo Moneti, residing on Fairmont Road, and Mr. Moneti asked how high the proposed office buildings will be. Mr. Landers stated that one building will have three floors and the other will have four. Mr. Moneti asked how similar the back end of the subject property will be to the natural fall line of a steep hill nearby. Mr. Landers stated it will meet the topography, and that only foliage will be added there. Mayor Bacon recognized Mr. William Adams, residing at 5086 Crowe Drive, and Mr. Adams asked Mr. Landers if there will be a security presence at the proposed facility at all hours. Mr. Landers stated that access to the buildings is controlled through various means, and that there will be no security guards there. Mr. Adams asked Mr. Landers if there will be a wet bar at the subject facility, and Mr. Landers explained each tenant will have a coffee-maker, a microwave oven, a small wet bar and a small refrigerator. Mr. Landers stated these amenities are a convenience found in most upscale office facilities, and have no connection to alcoholic beverages. Mr. Adams asked Mr. Landers about a tie-in for a pond on the subject property to the storm drain system, and Mr. Landers pointed out pertinent areas to Mr. Adams on an illustration of the proposed project. - Council Member Wood recognized Mr. Miller, and asked Mr. Miller to provide details to those present concerning the staff recommendation on this matter and associated stipulations. Mr. Miller stated staff recommends approval of the requested rezoning request with the following conditions: 1. The storm water detention plan shall be designed to create at least a 10% reduction in a 100- year storm event. The City Engineer shall approve all plans. 2. The proposed retention pond shall be placed and screened appropriately to be unobtrusive to adjacent properties. 3. All utilities within the development shall be underground. 4. The developer will comply with the City's current tree ordinance and plans shall be submitted to the city arborist for review and comment prior to construction. 5. The developer shall construct all traffic improvements deemed necessary by the City Engineer during building plan review. Based upon the findings of the traffic study prepared by A & R Engineering, these improvements shall include (but not be limited to): A. The installation of an eastbound left turn lane with a minimum 150' of storage with a protected only left-turn signal phase. B. Restripe the existing northbound lane from dedicated left turn and dedicated right turn to a shared left-thru lane and dedicated right turn lane. - February 16, 2004 5 - C. Modify the traffic signal to include the site driveway as part of the signal by providing signal heads for traffic exiting the site and add a permissive/overlap signal phase for the northbound right turning movement 6. No debris may be buried on-site. 7. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 8. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk along Highlands Parkway. The design of the sidewalk on Highlands Parkway shall be approved by the City Engineer. 9. No rental truck operations or outside storage shall be permitted In conjunction with the zoning. No overnight vehicle parking shall be permitted. 10. The parking lot shall provide landscape islands after every tenth parking space, the design of which must be approved by the City of Smyrna. 11. To protect the residences to the north, no lighting shall be provided in the rear except low- level building-mounted security lighting which shall be directed downward. The parking lot lighting in the front shall be limited to decorative lighting fixtures equivalent to the Georgia Power "Sternberg" style posts used in downtown Smyrna. All exterior lighting shall be low- intensity. - 12. A 5' wide landscape buffer shall be provided along the east and west property boundaries. 13. A 10' wide landscape buffer along the northern property boundary shall be consistent with the requirements of Section 503 of the City's Zoning Code. The landscape buffer may be located within the 50' building setback between the northern property boundary and the rear of the storage building. 14. The building shall be designed with four-sided brick or stucco elevations and match the renderings provided with the rezoning package. 15. The proposed dumpster shall be surrounded by a three-sided brick enclosure with an opaque gate in the front. MOTION: Council Member Wood made a motion to approve Zoning Request Z04-003 General Commercial (GC) to Office Distribution - Conditional for a 2.951 acre tract at Highlands Parkway and Oakdale Road for Michael Landers subject to the stipulations read into the record. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (0) Public Hearing - Zoning Request Z04-002 - Office Institution (01) to General Commercial (GC) - 3.858 Acre Tract - Highlands Parkway and Oakdale Road - Mark Verrone ... February 16.2004 6 Mr. Wright stated the applicant proposes to build a 42,400 s.f. retail center at the subject location. Mr. Wright stated staff and the PZB recommend approval of the rezoning to General Commercial - Conditional with a number of conditions. - 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 Wood recognized Mr. Verrone, and asked Mr. Verrone to provide details to those present regarding his plans for the subject property. Mr. Verrone stated he plans to construct a mixed retail/office activity center at the subject location. Mr. Verrone provided examples of the types of businesses which could be expected to be found at the planned commercial center. Council Member Lnenicka asked Mr. Verrone to provide details to those present regarding the planned appearance of the proposed buildings. Mr. Verrone showed a graphic representation of the planned construction to those present, and explained the buildings would be built of brick and stucco and should fit in well with the surrounding area. Mayor Bacon recognized Mr. William Adams, residing at 5086 Crowe Drive, and Mr. Adams asked how much the proposed units will rent for. Mr. Verrone stated rates could run from $15 to $22 per s.f. Council Member Wood recognized Mr. Miller, and asked Mr. Miller to provide details to those present concerning the staff recommendation on this matter and associated stipulations. Mr. Miller stated staff recommends approval of the requested rezoning request with the following conditions: 1. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. - 2. The proposed retention pond shall be placed and screened appropriately to be unobtrusive to adjacent properties. 3. All utilities within the development shall be underground. 4. The developer will comply with the City's current tree ordinance and plans shall be submitted to the city arborist for review and comment prior to construction. 5. The developer shall construct all traffic improvements deemed necessary by the City Engineer during building plan review. 6. No debris may be buried on-site. 7. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 8. A grass buffer with a minimum width of2' (as shown on the site plan) shall be provided between the back of curb and sidewalk along Highlands Parkway and Oakdale Road. The design of the sidewalk on Highlands Parkway shall be approved by the City Engineer. - February 16,2004 7 9. The parking lot shall provide landscape islands after every tenth parking space, the design of which must be approved by the City of Smyrna. A landscape strip shall also be provided between all head-to-head parking spaces (i.e. the row parallel to Highlands Parkway). - 10. Parking lot lighting shall be limited to decorative lighting fixtures equivalent to the Georgia Power "Sternberg" style posts used in downtown Smyrna. All exterior lighting shall be low-intensity. II. A 10' wide landscape buffer along the southern property boundary shall be consistent with the requirements of Section 503 of the City's Zoning Code. The landscape buffer may be located within the 50' building setback between the southern property boundary and the rear of the building. 12. The building shall be designed with four-sided brick or stucco elevations and match the renderings provided with the rezoning package. 13. Any proposed dumpsters shall be surrounded by a three-sided brick or stucco enclosure with an opaque gate in the front. 14. The applicant shall supply the City with a copy of the Phase I Archeological Survey prior to the issuance of a building permit. IS. The development shall incorporate a fountain within the courtyard of the retail/office building. - Council Member McNabb asked Mr.Verrone ifan additional stipulation requiring a fountain in the courtyard area would be acceptable, and Mr. Verrone answered in the affirmative. Council Member Newcomb asked Mr. Miller if it is correct that no trees will be saved at the subject location if construction there proceeds as planned. Mr. Miller stated that, after an inspection of the subject site, the City's arborist has concluded that there are no specimen trees there which must be saved. Mr. Miller stated the tree plan for the proposed project will be afforded further review to make certain no specimen trees have been overlooked and to determine if replanting or any other requirements are appropriate. Council Member Newcomb asked Mr. Miller if the developer of the subject property will be required to make some form of payment in lieu of replanting trees. Mr. Miller stated the plans the developer has submitted for vegetation for the subject property appear to be sufficient to meet requirements, and that the plan will be reviewed again by the City arborist to make certain it is adequate. Mr. Miller stated specimen trees are another category of protection, and that preliminary inspection of the subject property by the City arborist did not reveal the presence of any specimen trees. Mr. Miller stated that the City ordinance does allow for payment in lieu of replacement trees, but that staff has not permitted this type of arrangement in the past. Council Member Newcomb asked Mr. Miller if it is correct that either specimen trees will be identified by a subsequent review by the City arborist, or there will be sufficient replacement trees put on site to achieve the required density. Mr. Miller stated the requirement for the subject tract would be approximately 77.8 tree units, and that the developer has indicated that this number of tree units will be provided. - Council Member Lnenicka asked Mr. Verrone ifhe would be agreeable to having a Phase J Archaeological Survey conducted at the subject location. Mr. Verrone stated he believes such a study has already been conducted, and that the results can be furnished to the City. Council Member Lnenicka stated that an additional stipulation requiring the developer to furnish a copy February 16.2004 8 of the Phase J Archaeological Survey conducted at the subject location to the Community Development Director should be included as a condition of approval. Council Member Smith asked Mr. Verrone if the subject property has ever been developed, and Mr. Verrone said no. - Council Member Wood made a motion to approve Zoning Request Z04-002, Office Institution to General Commercial- Conditional for a 3.858 acre tract at Highlands Parkway and Oakdale Road for Mark Verrone subject to the 15 stipulations read into the record and discussed. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (E) Public Hearing - Amendment to Zoning Code Sec. 801 Minimum House Size Requirements in Single-Family Districts Mr. Wright stated Section 801 of the Zoning Code establishes minimum floor areas for each residential zoning district in the City. Mr. Wright stated a code amendment is proposed to increase the minimum house sizes for certain zoning districts as follows: RAD - 1,800 s.f.; R-12 - 1,900 s.f.; R-15 - 2,000 s.f.; R-20 - 2,100 s.f.; and R-30 - 2,200 s.f. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Newcomb made a motion to approve amendment to Zoning Code Sec. 80 I Minimum House Size Requirements in Single-Family Districts as follows: RAD, 1,300 s.f. to 1,800 s.f.; R-12, 1,350 s.f. to 1,900 s.f.; R-15, 1,400 s.f. to 2,000 s.f.; R-20, 1,500 s.f. to 2, I 00 s.f. and R-30, 1,600 s.f. to 2,200 s.f. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (F) Approval of Application for Annexation (Re~uest by 100% of property owners)- 0.32 Acre Tract - Land Lot 632, Parcel 2, 17 District, 2nd Section - 1789 Donna Lynn Drive - Billie J. Scott - 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 no deficiencies identified. 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 a 0.32 acre tract in Land Lot 632, Parcel 2, 1 ih District, 2nd Section at 1789 Donna Lynn Drive for Billie J. Scott to become a part of Ward 3 with an effective date of March 1,2004. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (G) Approval of Application for Annexation (Re~uest by 100% of property owners)- 0.26 Acre Tract - Land Lot 632, Parcel 3, 1 i 1 District, 2nd Section - 1783 Donna Lynn Drive - William H. Hasson MOTION: Council Member Scoggins made a motion to approve the application for annexation for a 0.26 acre tract in Land Lot 632, Parcel 3, 1 ih District, 2nd Section at 1783 Donna Lynn Drive for William H. Hasson to become a part of Ward 3 with an effective date of March 1,2004. The motion was seconded by Council Member Smith. Motion was approved 7 - O. - February 16,2004 9 (H) Approval of Application for Annexation (Re~uest by 100% of property owners) - 0.26 Acre Tract - Land Lot 632, Parcel 4, 17t District, 2nd Section - 1777 Donna Lynn Drive - Lavern H. Jones - MOTION: Council Member Scoggins made a motion to approve the application for annexation for a 0.26 acre tract in Land Lot 632, Parcel 4, 17th District, 2nd Section at 1777 Donna Lynn Drive for Lavern H. Jones to become a part of Ward 3 with an effective date of March I, 2004. The motion was seconded by Council Member Smith. Motion was approved 7 - O. PRIVILEGE LICENSES: (A) 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. 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 March I, 2004 meeting. The motion was seconded by Council Member Wood. Motion was approved 7 -0. FORMAL BUSINESS: (A) Appointment of Ward 7 Representative to the Senior Advisory Council - MOTION: Council Member Wood made a motion to approve Mr. Ben Morris and Mrs. Dene Morris as Ward 7 Representatives to the Senior Advisory Council. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (B) Authorization to Initiate Legislation to Change the City of Smyrna Charter - Section 2, Disabled Residents - Homestead Exemption for Ad Valorem Taxes, Net Income Requirements Mr. Wright stated the current City homestead exemption for disabled residents with net annual incomes of less than $6,000 is $10,000. Mr. Wright stated it is proposed to increase the exemption to $22,000 and to raise the net income ceiling to $12,000. MOTION: Council Member Wood made a motion to approve initiation of legislation to change the City of Smyrna Charter - Section 2, Disabled Residents in order to increase the homestead exemption for disabled residents from $10,000 to $22,000 and to raise the net income ceiling for eligibility from $6,000 to $12,000. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. - February 16. 2004 10 CONSENT AGENDA: (A) Approval of February 2, 2004 Minutes - (B) Approval of use of Council Chambers by the Creatwood at Vinings HOA on February 29, 2004 from 6:30 p.m. to 10:00 p.m. (C) Bid Award - Traffic Signal Replacement at Atlanta Road & W. Spring Street This bid is for the replacement of the existing traffic signal at the intersection of Atlanta Road & W. Spring Street. The project will include decorative mast arm poles, new signal heads, and new detection loops. It will eliminate the overhead signal wires. This project has been budgeted in the current Road Improvement budget. Ten requests For Bid were sent out and five bids were received: R J Haynie & Assoc. $114,750.00 N Cherokee Electrical $99,850.00 World Fiber Tech. $121,832.00 Terry Jackson & Assoc. $145,869.00 Detection Engineering Tech. $96,326.64 The City Engineer and Purchasing Manager have reviewed the bids and recommend that the bid be awarded to the low bidder, Detection Engineering Technologies in the amount of$96,326.64. (D) Street Closing Request - Special Event in the Market Village on Wednesday, March I 7, 2004 Atkins Park Tavern and Vintage Tavern/Zucca are proposing a St. Patrick's Day Celebration in the Market Village and request permission for activities in the fountain area and the top (Atlanta Road entrance) side of the Market Village for entertainment, food and beer sales. Event duration - 4:00 p.m. to II :00 p.m. A portion of proceeds will be assigned to a designated charity. Special Event in the Market Village on Wednesday, March 17,2004. Requested street closings as follows: Top semi-circle of the Market Village at the Atlanta Road entrance, fountain area pass-by closed to vehicle traffic ending at the edge ofthe drives on the sides of Atkins Park Tavern and Cafe Michel. Vehicle traffic to be allowed from the end of the fountain area through the remainder of the Market Village, leaving parking and traffic lanes open to residents and other merchants. Streets would be closed from 2:00 p.m. on Wednesday, March 17 through cleanup after the event, occurring around or after midnight. - (E) Bid Award- Replacement Playground Equipment at Lake Court and Whitfield Parks Seven vendors responded to this RFP for playground equipment. A $40,000.00 price ceiling was established. The design evaluation for bid submittals included play value, aesthetics, durability, warranty, product liability, and reference evaluation. Parks staff and the Purchasing Agent recommend award ofthis bid to GameTime/Domenica as they offering the best choice for the budget. MOTION: Council Member Scoggins made a motion to approve the consent agenda. The Motion was seconded by Council Member Smith. Motion was approved 7 - O. - February 16,2004 11 COMMITTEE REPORTS: - Council Member Wood recognized Ms. Edgar, and Ms. Edgar stated that City utility customers can now pay their water bills online. Ms. Edgar stated that the fiscal year 2005 budget process will begin in a few weeks. Ms. Edgar stated she has been employed with the City for thirty years as of February 1, and that she has enjoyed her service with the City. Council Member Wood expressed appreciation to Ms. Edgar for her dedicated service. Council Member Lnenicka recognized Assistant Fire Chief Lanyon, and Assistant Fire Chief Lanyon provided details from the 2003 report for City fire and rescue operations to those present. Council Member Lnenicka stated that Chief Williams is presently experiencing health problems and it is not known at this time when he may return to his normal duties. Council Member Lnenicka stated that Assistant Fire Chief Lanyon has been designated as the acting fire chief, and that a nationwide search will be conducted in connection with the process of selecting a new fire chief. Council Member Lnenicka stated that everyone's thoughts and prayers are with Chief Williams. Council Member Lnenicka recognized Chief Hook, and Chief Hook presented statistics pertaining to City police operations for 2003 to those present. Council Member Lnenicka stated he is looking forward to seeing the members of the Creatwood at Vinings HOA at their meeting on February 29. Council Member Lnenicka wished his wife Robin a happy birthday. - Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present regarding positions for which the City is presently recruiting. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details of current library use statistics to those present. Mr. Seigler provided details of upcoming library programs to those present. Mr. Seigler expressed appreciation to Barnes and Noble, the Georgia Humanities Council, Cafe Michel, Starbucks, Staples, David Jones, the Friends of the Library and many others for their assistance with the successful Murder Goes South program. Mr. Seigler thanked Judge Cindy Morris for donating $5,000 to the City Library for the purchase of children's books in honor of her parents' 50th wedding anniversary. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details of recent additions to the City website to those present. Council Member McNabb commended Ms. Bennett for her work on an advertising feature which appeared in a recent edition of Georgia Trend magazine. Council Member McNabb recognized Mr. Ciaccio, who had no report. Council Member Scoggins recognized Ms. Hiott, who provided additional details concerning the City website to those present. Ms. Hiott provided recent statistics and other information regarding City court services and probation operations to those present. Council Member Scoggins wished Mrs. Robin Lnenicka a happy birthday. - Council Member Newcomb recognized Mr. Miller, and Mr. Miller provided current building permit statistics to those present. Council Member Newcomb commended Ms. Edgar for her February 16, 2004 12 many years of service to the City. Council Member Newcomb commented about the various indications of growth and progress evident throughout the City. Council Member Pritchett recognized Mr. Martin, who had no report. - Council Member Pritchett recognized Ms. Davis, who provided details of recent and upcoming Keep Smyrna Beautiful activities to those present. Council Member Pritchett commended Ms. Edgar for her many years of service to the City. Council Member Pritchett wished Mrs. Robin Lnenicka a happy birthday. CITIZENS INPUT: Mayor Bacon welcomed his new granddaughter, Charleigh Grace Elder, who was born last Wednesday. ADJOURNMENT: With no further business, the meeting was adjourned at 9:35 p.m. ~~ . I . · 'V '4~ ~. LL S dGINS,.~ c~~~ - ~^,J.Jl RON NEWCOMB, WARD 2 - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 632 Acres .32 2004-5 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 16, 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 day of A. Max Bacon, Mayor ~~~ 'I~ City of Smyrna 1 rk- - ~ ---- Sco . Cochran, City Attorney City of Smyrna - - Ordinance # 2004-5 Exhibit "A" All that tract or parcel ofland situated, lying and being in Land Lot 632 of the 1 ih District, 2nd Section, Cobb County, Georgia, being Lot 25 of Woodland Subdivision, as per plat recorded in Plat Book 12, Page 57, Cobb County Records, and more particularly described as follows: Beginning at a point on the north side of Donna Lynn Drive 124.7 feet westerly from the intersection of the north side of Donna Lynn Drive and the east line of Land Lot 632; running thence westerly along the north side of Donna Lynn Drive 70 feet; thence northerly 168.8 feet to the north line of Land Lot 632; thence running east along said land lot line 90 feet; thence southerly 191 feet to the north side of Donna Lynn Drive and the point of beginning. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 632 Acres .26 2004-7 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 16. 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 ofthe 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. day of Max Bacon, Mayor D, Vr/~ Susan D. Hiott, City Clerk City of Smyrna - J~- ~- Scott A. Coc r n, CIty Attorney City of Smyrna - Ordinance # 2004 - 7 Exhibit "A" All that tract or parcel of and lying and being in Land Lot 632 of the 1 th District, 2nd Section, Cobb County, Georgia, being lot 23 of Woodland Subdivision, as per plat recorded in Plat Book 12, Page 57, Cobb County Records, and being more particularly described as follows: Beginning at a point on the north side of Donna Lynn Drive 254.7 feet westerly from the intersection of the north side of Donna Lynn Drive and the east line of Land Lot 632; running thence west along the north side of Donna Lynn Drive 70 feet; thence north 150.1 feet to the north line of Land Lot 632; thence running east along said land lot line, 78 feet; thence south 155.6 feet to the north side of Donna Lynn Drive and the point of beginning. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 632 Acres .26 2004-8 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 16. 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 ofthe 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 16th day of February, 2004 ~ ~ ;;;J- A. Max Bacon, Mayor -------- Su an D. Hiott, City Clerk City of Smyrna - l~ ---- Scott A. Cochran, City Attorney City of Smyrna ... Ordinance # 2004 - 8 Exhibit "A" All that tract or parcel of and lying and being in Land Lot 632 ofthe 1 ih District, 2nd Section, Cobb County, Georgia, being lot 24 of Woodland Subdivision, as per plat recorded in Plat Book 12, Page 57, Cobb County Records, and being more particularly described as follows: Beginning at a point on the north side of Donna Lynn Drive 194.7 feet westerly from the intersection of the north side of Donna Lynn Drive and the east line of Land Lot 632; running thence westerly along the north side of Donna Lynn Drive 60 feet; thence northerly 155.6. feet to the north line of Land Lot 632; thence running east along said land lot line, 80 feet; thence southerly 168.8 feet to the north side of Donna Lynn Drive and the point of beginning. - ... ORDINANCE No. 2004-9 ... AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, SEe. 801 RESIDENTIAL DISTRICTS, TO INCREASE THE MINIMUM HOUSE SIZES IN THE RAD, R-12, R-15, R-20 AND R-30 ZONING DISTRICTS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Section 801 of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such sections shall read as follows: District Minimum Floor Area (square feet) RAD 1,800 R-12 1 ,900 R-15 2,000 R-20 2,100 .. R-30 2,200 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. - ORDINANCE No. 2004-9 ... Attest: Susan D. Hiott, City Clerk City of Smyrna Approved as to form: - cott A. Cochran, City Attorney City of Smyrna - 2