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07262004 July 6, 2004 Council Meeting July 6. 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 Pro Tern Wade Lnenicka at 7:30 o'clock p.m. Mayor Bacon was absent. All council members were present except Council Member Pritchett. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Fire Chief Jason Lanyon, Administrative Assistant Susan Drinnon and representatives of the press. Invocation was given by Reverend Chuck Moon from Tillman United Methodist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Pro Tern Lnenicka recognized Mr. Dan Bartlett and members of the Smyrna Little League Blue Team and All Stars 7 and 8 year olds, the 11 year old team and the 13-14 year old team. Mr. Bartlett thanked the City's elected officials and staff for their support of the Little League teams. Mr. Bartlett provided details to those present regarding the players' performance in recent tournaments. Mayor Pro Tern Lnenicka commended the players for their performance in the recent competitions, and thanked the coaches and parents of the players for their support and assistance. - Mayor Pro Tern Lnenicka recognized Lt. Keith Zgonc from the City police department, and Lt. Zgonc recognized Amanda Seligman and her mother. Lt. Zgonc described a recent incident to those present in which Amanda was riding in a car with her mother when her mother experienced a seizure. Lt. Zgonc stated that Amanda took the steering wheel of the car and was able to bring the vehicle under control and steer the car safely onto the roadside. Lt. Zgonc stated Amanda's quick thinking helped to prevent an accident and ensure the safety of herself and her mother as well as passers-by. Lt. Zgonc thanked Amanda for her bravery, and presented her with a Valor Award plaque, a gift certificate from Atkins Park, and other mementoes. Mayor Pro Tern Lnenicka commended Amanda for her presence of mind, and expressed appreciation to Lt. Zgonc and other members of the police department for recognizing her. Mayor Pro Tern Lnenicka recognized Mr. Craig Harfoot, and Mr. Harfoot stated he is a candidate for Cobb County commission chairman. Mr. Harfoot expressed concern about rising property assessments and other issues, and provided details to those present about steps he has taken to prepare himself for service on the commission. Mayor Pro Tern Lnenicka recognized Mr. Alex Backry, and Mr. Backry expressed views concerning salaries of City employees to those present. Mr. Backry provided details to those present regarding the condition of Lt. Curtis Cook of the City police department. Mr. Backry asked those present to show their support of Lt. Cook. MAYOR'S REPORT: Mayor Pro Tern Lnenicka had nothing to report. AGENDA CHANGES: - Mayor Pro Tern Lnenicka stated that agenda item 7 A (Appointment of Fire Chief), originally scheduled under the formal business segment of the agenda, will be attended to at this time. July 6. 2004 2 MOTION: Council Member Newcomb made a motion to move agenda item 7 A (Appointment of Fire Chief), scheduled under the formal business segment of the agenda, to the next space on the agenda. The motion was seconded by Council Member Wood. Motion was approved 5 - O. - Council Member Newcomb stated that Jason Lanyon has been in the fire service for fourteen years. Council Member Newcomb provided details to those present regarding Jason Lanyon's background and experience in the firefighting and emergency services field. Mayor Pro Tem Lnenicka stated a nationwide search has been conducted for a replacement fire chief for the City. Mayor Pro Tem Lnenicka stated that Jason Lanyon has been selected as the new City fire chief by Mr. Wright. Mayor Pro Tem Lnenicka stated Chief Lanyon has performed his duties in previous capacities at the City fire department very well, and that he believes Chief Lanyon will serve the citizens of Smyrna well in his role as fire chief. Council Member Newcomb expressed appreciation to Chief Larry Williams for helping Chief Lanyon with his career development. Council Member Newcomb stated Chief Williams' interest in the career development of others attests to his leadership ability. Council Member Scoggins thanked Chief Williams for his service, and congratulated Chief Lanyon on his appointment. Council Member Wood stated that the fire chief of Smyrna also serves as the emergency management director, which is a significant responsibility. Council Member Wood stated that the selection of the applicant in this instance was based on merit and the recommendation of an independent panel. Mr. Wright stated he is looking forward to working with Chief Lanyon. MOTION: Council Member Newcomb made a motion to appoint Acting Fire Chief Jason Lanyon to the position of Smyrna Fire Chief. The motion was seconded by Council Member Scoggins. Motion was approved 5 - O. The oath of office was administered to Chief Lanyon by Mayor Pro Tern Lnenicka. - Chief Williams congratulated Chief Lanyon on his appointment. Chief Williams stated that funeral services were held today for Capt. Tommy Harper, and expressed condolences to Capt. Harper's family. Chief Lanyon thanked the members of the City fire department for their service. Chief Lanyon stated he is merely a representative of the quality work performed by the City's firefighters, and that these men and women are the people who deserve praise and recognition. LAND IS SUES/ZONING/ ANNEXATION: (A) Public Hearing - Approval of Extension of the Apartment Moratorium in the City of Smyrna Mr. Wright stated the apartment moratorium has been in effect for several years. Mr. Wright stated the purpose of the moratorium is to try to correct the balance between single-family owner- occupied and renter-occupied dwellings in the City. Mr. Wright stated the desired residence distribution of 40% multi-family and 60% single-family has not yet been realized, and that extension of the moratorium for an additional six months is recommended. Council Member Newcomb stated a study conducted ten years ago revealed a disproportionately high percentage of renter-occupied residences in the City. Council Member Newcomb stated the moratorium is reviewed for possible renewal every six months. MOTION: Council Member Newcomb made a motion to approve extension of the moratorium - Julv 6. 2004 3 on new apartment development in the City of Smyrna from the present date through the first council meeting in January, 2005. The motion was seconded by Council Member Wood. Motion was approved 5 - O. - (B) 2585 Old Roswell Road - Vinings Construction Co., LLC Mr. Wright stated the subject tract comprises .714 acre. Mr. Wright stated the applicant proposes to redevelop this property for construction of three new single-family homes at a density of 4.21 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) voted in favor of this proposal, and that this proposal was tabled from the June 21, 2004 council meeting. Mr. Wright stated staff recommends approval of this request with a number of conditions. Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. There was none. 1. Public Hearing - Rezoning Request Z04-011 - R-15 (SFR) to RAD Conditional- 2585 Old Roswell Road - Vinings Construction Co., LLC - Council Member Scoggins recognized Mr. Brian Sadler and Mr. Mark Fagiola. Council Member Scoggins asked Mr. Sadler to provide details to those present regarding the planned redevelopment of the subject property. Mr. Sadler stated Vinings Construction Co., LLC (VC) plans to construct three craftsman-style houses on the subject property. Mr. Sadler stated the planned houses will be about 2,200 s.f. in size, and will fit in well with the surrounding area. Council Member Scoggins asked Mr. Sadler what the approximate selling price of the new houses will be, and Mr. Sadler stated the new houses will be priced at around $300,000 to $350,000. Mayor Pro Tern Lnenicka asked Mr. Sadler when he expects construction to begin on the new houses, and Mr. Sadler stated construction should begin within three to six months. Mayor Pro Tern Lnenicka asked when the construction will be completed, and Mr. Fagiola stated the houses will take three to six months to complete. Mayor Pro Tern Lnenicka asked Mr. Wright to read the stipulations of the rezoning into the record as follows: 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences shall not be permitted to utilize hardy plank for the front elevation. No vinyl siding shall be permitted. 2. The development shall maintain the following setbacks: Front - 20' (as measured from the ultimate right-of-way), Rear - 20', Side (Internal) - 5', Side (External) - 10' and Between Structures - 10' . 3. There shall be protective covenants with a mandatory homeowners association on all lots. These 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. 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. - Julv 6, 2004 4 5. All utilities within the development shall be underground. 6. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer adjacent to Old Roswell Road consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. - 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. 9. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 10. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: 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. Mayor Pro Tern Lnenicka asked Messrs. Sadler and Fagiola if the stipulations as read are acceptable. Mr. Fagiola stated all the stipulations are acceptable except #4; Mr. Fagiola stated he has not heard this stipulation before, and he is not certain if a retention pond is needed for a development of this size. Mayor Pro Tern Lnenicka stated the City Engineer reviews all submitted plans and determines what measures are required, and provided details to those present regarding the function of retention ponds. Mr. Fagiola provided details to those present regarding steps which have been taken to comply with the City's requirements. Council Member Scoggins asked Mr. Sadler if he is in agreement with the stipulations, and Mr. Sadler said yes. Council Member McNabb asked Mr. Sadler if the three floor plans submitted with the application are the designs to be used in this development, and Mr. Sadler answered in the affirmative. Council Member McNabb asked Mr. Sadler if he knows which floor plan will be matched to each particular lot, and Mr. Fagiola answered in the affirmative. Mr. Fagiola stated the lot on the right will be the site of the Bradwood plan, the center lot will be the site of the Number Two plan, and the final lot will be the site of the Number Three plan, which is 70' x 40.' Mr. Fagiola stated the house on the left will be 56' x 50' and the one in the center will 59' x 49.' - 2. Annexation Request (100% of property owners requesting annexation) - 0.714 Acre Tract - Land Lot 561, Parcel 62, 17th District, 2nd Section - 2585 Old Roswell Road- John Morris Mr. Wright stated the subject tract comprises .714 acre. 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 the annexation of a 0.714 acre tract in Land Lot 561, Parcel 62, 17th District, 2nd Section at 2585 Old Roswell Road for John Morris to become a part of Ward 3 with an effective date of August 1, 2004. The motion was seconded by Council Member Wood. Motion was approved 5 - O. - Julv 6. 2004 5 3. Approval of Rezoning Request Z04-011 - R-15 (SFR) to RAD Conditional- 2585 Old Roswell Road - Vinings Construction Co., LLC - MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z04-011 from R-15 (SFR) to RAD Conditional for 2585 Old Roswell Road for Vinings Construction Co., LLC subject to the ten stipulations read into the record. Council Member Newcomb stated that he will support the motion, and that he hopes the entire area around the subject property can be rezoned soon. Motion was approved 5 - O. (C) Annexation Request (100% of property owners requesting annexation) - 0.47 Acre Tract - Land Lot 519, Parcel 40, 1 ih District, 2nd Section - 1340 Belmont Avenue - William Gastley Mr. Wright stated William Gastley has requested annexation of a 0.47 acre tract located at 1340 Belmont A venue. Mr. Wright stated the subject property is presently used as a residence and there are currently no plans for rezoning or redevelopment there. Mr. Wright stated the legal description of the subject property has been reviewed by the City Engineer who found it to be in conformity with State and local requirements. Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to approve the annexation of a 0.47 acre tract in Land Lot 519, Parcel 40, 17th District, 2nd Section at 1340 Belmont Avenue for William Gastley. The motion was seconded by Council Member Newcomb. Motion was approved 5 - O. - (D) Public Hearing - Variance Request V04-023 - Reduction in Minimum Building Area- 2585 Bates Street - Cobb County CDBG Mr. Wright stated Cobb County CDBG has requested a variance to reduce the minimum building area for 2585 Bates Street from 2,000 s.f. as required by the City Code to 1,250 s.f. Mr. Wright stated the applicant wants to replace the existing residence there and, to be consistent with CDBG policies and the surrounding residences, the new building should not be larger than 1,250 s.f. Mr. Wright stated staff supports approval of this variance. Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. There was none. Council Member Newcomb recognized Mr. Tom Spinks with Cobb County CDBG, and asked Mr. Spinks to provide details to those present regarding Cobb County CDBG's plans for the subject tract. Mr. Spinks stated the owner of the subject property has requested rehabilitation assistance for the property. Mr. Spinks stated the projected costs of rehabilitation exceed mandated guidelines, and that rebuilding has been proposed as an alternative. Mr. Spinks stated efforts are being made to build a replacement house which will be consistent with other nearby dwellings. Council Member Smith asked Mr. Spinks what the size of the subject lot is, and Mr. Spinks stated it is .342 acres in size. ... MOTION: Council Member Newcomb made a motion to approve Variance Request V04-023 for reduction in minimum building area from 2,000 s.f. as required by the City Code to 1,250 s.f. for 2585 Bates Street. The motion was seconded by Council Member Scoggins. Motion was approved 5 - O. Julv 6, 2004 6 (E) Public Hearing - Variance Request V04-022 - Oversized Wall Sign - 3307 South Cobb Drive - Regal Auto Wash Mr. Wright stated the applicant is requesting approval for an oversized wall sign 46 s.f. in size. Mr. Wright stated the City Code permits signs up to 40 sJ. in size. Mr. Wright stated staff does not recommend approval of this variance. -- Mr. Wright stated the applicant is also seeking a variance for an additional wall sign where only one is permitted in accordance with the City Code. Mr. Wright stated staff does not recommend approval of this variance. Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. There was none. Council Member McNabb recognized Mr. Feroz Fatehali, who represents Regal Auto Wash (RW). Council Member McNabb asked Mr. Fatehali to identify those signs at RW which are considered to be essential, and Mr. Fatehali provided details ofRW's signs to those present. Council Member McNabb asked Mr. Fatehali why the street sign at the subject location does not feature the company name, and Mr. Fatehali stated that the price of services is the most important point of emphasis in signs for a car wash establishment. Council Member McNabb asked Mr. Fatehali to explain why he believes a hardship exists at RW to justify a variance. Mr. Fatehali stated some of the existing signs are located at the rear of the facility, and are not visible from the road. Mr. Fatehali stated the signs at RW must attract motorists, not pedestrian traffic. Mr. Fatehali stated a carwash has been at the subject location for many years, and some signs which were removed during renovation were grandfathered. Council Member McNabb asked Mr. Fatehali if he would consider placing the requested sign at the front of the facility, and removing the side signs and pricing signs and placing them on placards to be displayed during business hours. Mr. Fatehali expressed the view that the pricing signs on the side should be treated as interior signs. Council Member McNabb stated the side signs are on the exterior of the building and are visible from South Cobb Drive. Council Member McNabb stated he is looking for some arrangement which is reasonable and equitable to the other businesses operating in the vicinity of RW. - MOTION: Council Member McNabb made a motion to table Variance Request V04-022 for an oversized wall sign at 3307 South Cobb Drive for Regal Auto Wash until the July 19,2004 council meeting. The motion was seconded by Council Member Smith. Motion was approved 5-0. (F) Public Hearing - Variance Request V04-021 - Additional Wall Sign - 3307 South Cobb Drive - Regal Auto Wash MOTION: Council Member McNabb made a motion to table Variance Request V04-021 for an additional wall sign at 3307 South Cobb Drive for Regal Auto Wash until the July 19,2004 council meeting. The motion was seconded by Council Member Smith. Motion was approved 5 -0. -- Julv 6, 2004 7 (G) Public Hearing - Variance Request V04-020 - Reduction in Rear Yard Setback - 1351 Overlook Cove - Accioly Peterlini - Mr. Wright stated the applicant lives at 1351 Overlook Cove in the Falling Water Subdivision and is requesting a reduction in rear yard setback from 30' to 17.' Mr. Wright stated the applicant completed an addition to the subject location without a building permit, and the addition was improperly located within the rear yard setback and now violates the City's zoning standards. Mr. Wright stated staff recommends denial of the proposed variance. Mayor Pro Tem Lnenicka stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. - Council Member Newcomb recognized Mr. Peterlini and Mr. Jeff Shortridge, and Mr. Shortridge stated he is present to provide translation assistance to Mr. Peterlini. Council Member Newcomb asked Mr. Peterlini to provide details to those present regarding his variance request. Mr. Shortridge stated Mr. Peterlini is from Brazil, and did not understand that a building permit is needed to build an addition. Mr. Shortridge stated Mr. Peterlini has been working with assistance from his daughter to try to correct this situation. Mr. Shortridge acknowledged that an error has been made resulting in a violation of City regulations, and stated the applicant wants to find out what possible steps may be taken to remedy the problem. Council Member Newcomb stated the main purpose of the present hearing is to consider the variance request, and suggested the applicant explain why construction of the addition was necessary and what hardship conditions may exist. Mr. Shortridge stated Mr. Peterlini has advised his mother periodically visits him from Brazil for extended periods of time, and that the addition is needed to provide accommodation for his mother. Mr. Shortridge stated that Mr. Peterlini has advised that he spent about $5,000 on the addition. Council Member Newcomb asked why this process has continued for several months with Mr. Peterlini apparently not realizing there was some type of problem. Mr. Shortridge stated Mr. Peterlini acknowledged receipt of a letter from the City regarding this matter, and made numerous attempts to arrange proper documents for the project. Mr. Shortridge stated it appears Mr. Peterlini has experienced difficulty in completing the necessary forms for the construction. Mayor Pro Tem Lnenicka recognized Ms. Carol Meaghan (phonetic), residing in Marietta and owner of 1374 Overlook Cove, and Ms. Meaghan stated she is concerned about the construction at the subject location because she heard from a neighbor that Mr. Peterlini plans to use his property for some type of multi-family purpose. Ms. Meaghan stated she has photographs of the subject area illustrating parking problems which already exist there. Ms. Meaghan expressed the view that multi-family usage of the residences in the subject area would have a negative impact on the property values there. Ms. Meaghan stated she has a petition with nine signatures from residents of the subject area expressing opposition to the proposal under consideration. Mayor Pro Tem Lnenicka recognized Ms. Linda Silver, residing at 1290 Brookview Lane, and Ms. Silver stated she has photographs of the addition at the subject location. Ms. Silver provided details of the configuration of the addition to those present. Ms. Silver expressed concern that approval of such an addition could set a bad precedent for the community. Ms. Silver stated the lots the townhouses are located on in the subject area are small and not suitable for additional construction. Ms. Silver expressed the view that additions of this type in the subject area would have a negative impact on the property values there. - Mayor Pro Tem Lnenicka recognized Ms. Cynthia Laurens, residing at 1350 Overlook Cove, who expressed the view that the original plumbing and electrical installations made in the residences July 6. 2004 8 in the subject area were of questionable quality. Ms. Laurens stated many homeowners there have had to have rehabilitative work performed on the electrical and plumbing installations in their homes. Ms. Laurens stated the street the subject community is located on is too small to accommodate more vehicles, and that she has observed operators of emergency vehicles experiencing difficulty maneuvering there. Ms. Laurens asked the council members to deny Mr. Peterlini's variance request. Ms. Laurens stated Mr. Peterlini should find some other solution for his living space needs. - Mayor Pro Tem Lnenicka recognized Mr. Richard Laurens, residing at 1350 Overlook Cove, and Mr. Laurens stated that approval of this variance request would establish a precedent. Mr. Laurens expressed concerns that businesses could operate in the community and that other changes for the purpose of generating revenue could come about. Mr. Laurens suggested Mr. Peterlini could consider changes to the interior of his residence to address his needs. Council Member Smith asked if the applicant is aware that the City has building codes, and with assistance from a translator, Mr. Peterlini said he was not aware of the building codes. Council Member Smith stated that non-compliance with building codes in the addition on the subject property could result in fire hazard and structural damage, and that he is concerned that another individual could purchase the subject property and be subjected to these potential hazards. Council Member Newcomb stated the matter of alleged code violations at the subject location must be addressed by city marshals, and that the variance request is the issue under consideration at this hearing. With assistance from a translator, Mr. Peterlini stated he was advised by a city marshal to attend his scheduled court appearance before correcting the code deficiencies in the addition. Mayor Pro Tern Lnenicka asked Mr. Peterlini if he has been to court yet, and with assistance from a translator, Mr. Peterlini said no. Mayor Pro Tem Lnenicka reiterated that the matter of alleged code violations at the subject location must be addressed separately, and that the variance request is the issue under consideration at this hearing. Mr. Shortridge stated Mr. Peterlini's mother does not own or operate a motor vehicle, and that her presence at the subject location will not result in additional parked cars there. Mr. Shortridge stated Mr. Peterlini has no plans for using his residence for any multi-family purpose. - Mayor Pro Tem Lnenicka recognized Ms. Cynthia Laurens, residing at 1350 Overlook Cove, and Ms. Laurens stated she will be willing to meet with Mr. Peterlini to discuss possible alternatives for accommodations for his mother when she visits here. Mayor Pro Tem Lnenicka recognized Ms. Carol Meaghan (phonetic), residing in Marietta and owner of 1374 Overlook Cove, and Ms. Meaghan stated she she is aware of two homeowners in the subject area who are renting their basements. Ms. Meaghan expressed the view that approval of this variance will result in more multi-family usages of the residences in the subject area which will likely have a negative impact on the community. Council Member Newcomb stated that the issue under consideration at this hearing is whether or not a variance should be approved which will allow a 314 s.f. room to be added onto the back of the subject property. Council Member Newcomb stated the staff report on this variance request indicates the subject residence is part of a duplex that has a shared view. Council Member Newcomb stated that the lots in the subject area are small, and that a 314 s.f. structure does occupy a large part of the field of view there. Council Member Newcomb stated it should be ascertained whether or not any hardship exists which offsets the negative impact of this addition at the rear of the property. Council Member Newcomb stated the applicant is trying to provide a place for his mother to stay, which is commendable, but that testimony presented at this hearing indicates there are possible alternative arrangements for accommodation within the existing footprint of the subject residence. - July 6. 2004 9 - MOTION: Council Member Newcomb made a motion to deny Variance Request V04-020 for a reduction in rear yard setback at 1351 Overlook Cove for Accioly Peterlini. The motion was seconded by Council Member Scoggins. Motion to deny the request was approved 5 - O. (H) Public Hearing - Approval of Metro River Certificate (Metropolitan River Protection Act) - Overlook at Oakdale Subdivision Mr. Wright stated the City approved the rezoning for the Overlook at Oakdale subdivision on January 20, 2004. Mr. Wright stated that, because a portion of the subdivision is located within the 2,000' Chattahoochee River Protection Corridor, the Atlanta Regional Commission (ARC) is required to review the development proposal to determine its consistency with the requirements of the Metropolitan River Protection Act (MRPA). Mr. Wright stated the ARC's preliminary findings indicate the plan is in conformance with the requirements ofthe Metropolitan River Protection Act. Mr. Wright stated that approval ofthis certificate will not eliminate the need for tree protection and construction plan approval by the City staff. Mr. Wright stated staff recommends approval of a Metro River Certificate for the Overlook at Oakdale subdivision. Mayor Pro Tern Lnenicka 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. Keith Downling (phonetic) from the Pacific Group. Mr. Downling stated he is representing the applicant at this meeting. Mr. Downling stated the applicant has been working with ARC and the City staff to ensure compliance with the rules and regulations set forth in MRPA. Mr. Downling stated a letter from ARC indicates the proposed project is consistent with the Chattahoochee River Corridor Plan. Mayor Pro Tem Lnenicka asked Mr. Downling to provide to those present details of the steps which were taken to obtain approval from ARC. Mr. Downling stated a tree survey was conducted and a site inspection was made by the ARC staff. Mr. Downling stated a certain amount of land clearing and impervious surfaces are allowed. Mr. Downling stated a site plan was reviewed by ARC to make certain the plan did not call for too much land clearing or too many impervious surfaces. Council Member Wood reiterated that approval ofthis certificate will not eliminate the need for tree protection and grading plan and construction plan approval by the City. Mayor Pro Tern Lnenicka asked Mr. Downling when he anticipates work to commence after plans are approved. Mr. Downling stated that after all the requisite permits are obtained, he expects work on the project to begin. MOTION: Council Member Wood made a motion to approve the Metro River Certificate in accordance with the Metropolitan River Protection Act for Overlook at Oakdale Subdivision. The motion was seconded by Council Member Scoggins. Motion was approved 5 - O. PRIVILEGE LICENSE: (A) Public Hearing - Privilege License Request - Retail Package Sales (Beer and Wine)- Willie's Pipe & Tobacco Newstand, 4499 South Cobb Drive, Suite E - Sherrie Lee Young-Silva, Agent Mr. Wright stated this application for a license for package sales of beer and wine is for a new location. Mr. Wright stated staff has reviewed this application and determined it meets the requirements ofthe City Code. - Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. There was none. July 6, 2004 10 Council Member Wood recognized Ms. Sherrie Lee Young-Silva, and Ms. Young-Silva stated she is the manager ofthe subject establishment. Council Member Wood asked Ms. Young-Silva if she has read and is familiar with the City's regulations governing the sale of alcoholic beverages, and Ms. Young-Silva answered in the affirmative. Council Member Wood asked Ms. Young-Silva if she plans to have all personnel at Wi11ie's Pipe & Tobacco Newstand (WN) trained in the proper method of selling alcoholic beverages, and Ms. Young-Silva answered in the affirmative. Ms. Young-Silva asked Council Member Wood what the minimum age is for a person to sell alcoholic beverages at a convenience store, and Mr. Cochran stated he would research State law and contact Ms. Young-Silva with an answer at a subsequent time. Council Member Smith asked Ms. Young-Silva what the hours of operation at WN will be, and Ms. Young-Silva stated the hours of operation will be 8:00 a.m. until II :00 p.m. Monday through Saturday, and 9:00 a.m. until 10:00 p.m. on Sundays. Council Member Smith asked Ms. Y oung- Silva if she is aware that local law enforcement authorities conduct undercover inquiries at businesses licensed to sell alcoholic drinks to make certain such beverages are being sold in a lawful manner, and Ms. Young-Silva answered in the affirmative. - MOTION: Council Member Wood made a motion to approve a privilege license request for retail package sales of beer and wine for Willie's Pipe & Tobacco Newstand, 4499 South Cobb Drive, Suite E for Sherrie Lee Young-Silva, Agent. The motion was seconded by Council Member Smith. Motion was approved 5 - O. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: - (A) 7,500 s.f. Retail Center - 5350 United Drive - Raco General Contractors Mr. Wright stated Raco General Contractors is requesting a permit for construction ofa 7,500 s.f. retail center at 5350 United Drive. Council Member Wood stated the projected cost of this structure will be $500,000 and that it meets all requirements of the City Code. MOTION: Council Member Wood made a motion to approve a commercial building permit for Raco General Contractors at United Drive Retail Center. The motion was seconded by Council Member Smith. Motion was approved 5 - o. CONSENT AGENDA: (A) Approval of June 21,2004 Minutes MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 5 - O. COMMITTEE REPORTS: Council Member Newcomb yielded the floor with no report. - Council Member Scoggins yielded the floor with no report. July 6. 2004 11 Council Member McNabb yielded the floor with no report. Council Member Smith yielded the floor with no report. - Council Member Wood yielded the floor with no report. Mayor Pro Tern Lnenicka stated Capt. Tommy Harper passed away recently, and he extended condolences to Capt. Harper's family. Mayor Pro Tern Lnenicka stated Ray Windstein has recently retired from the City fire department, and commended him for his years of service to the City. Mayor Pro Tern Lnenicka stated the wife of 911 supervisor Derringer Long passed away recently, and that everyone's thoughts and prayers are with Mr. Long's family. Mayor Pro Tern Lnenicka stated that Capt. David farmer is retiring from the City police department soon, and commended him for his years of service to the City. Mayor Pro Tern Lnenicka stated that Brigadier General James Kelly, a resident of Ward 6, was recently promoted to the rank of major general. Mayor Pro Tern Lnenicka provided details of General Kelly's background and experience to those present, and commended him for his service to his country and community. Mayor Pro Tern Lnenicka congratulated General Kelly on his recent promotion. Mayor Pro Tern Lnenicka stated that some property on Ridge Road was recently purchased by the City with greenspace funds. - Mayor Pro Tern Lnenicka stated that Mayor Bacon recently received a letter from the International Institute of Municipal Clerks (IIMC) announcing that Ms. Hiott has been accepted into the lIMe Master Municipal Clerk Academy. Mayor Pro Tern Lnenicka stated that the letter indicates that this program provides continued professional growth and development, and provided additional details regarding this program to those present. Mayor Pro Tern Lnenicka commended Ms. Hiott for her professionalism and achievements. CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 9:32 p.m. - Julv 6. 2004 12 ... ~..~- RON NEWCOMB, WARD 2 MELLENY PRITCHETT, WARD 1 1YI~ '/Y1~ rkJt MICIblliL McNABB';-W A D 4 ~aou~ CHARLES PETE WOOD, WARD 7 - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 5 19 Acres 0.47 2004-23 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 hearing on such on July 6, 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 ofthe City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this 6th day of July. 2004 !~1L/~ Wade S. Lnenicka, Mayor Pro Tern ~tJ{J,~ .. Su an D. Hiott, City Clerk City of Smyrna - j~~' Scott A. co~ran, City Attorney City of Smyrna - Ordinance No. 2004-23 "Exhibit A" All that tract or parcel of land lying and being in Land Lot 519, 1 ih District, 2nd Section, Cobb County, Georgia, being Parcel 40, and being more particularly described as follows: Beginning at a point on the southerly side of Belmont Avenue 140 feet westerly from the intersection of the southerly side of Belmont A venue and the westerly side of Davis Drive, as measured along the southerly side of Belmont A venue; running thence southerly 250 feet to a point; thence continuing southerly 110 feet to a point; thence westerly 80 feet to a point; thence northerly 110 feet to a point; thence westerly 5 feet to a point; thence northerly 250 feet to a point on the southerly side of Belmont A venue thence easterly along the southerly side of Belmont A venue 85 feet to the point of beginning. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 561 Acres 0.714 2004-25 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 July 6, 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 6th day of July. 2004 , m -d-- ~~:.... - ~ . ilAlCt~f] ~ttJ - usan D. Hiott, CIty Clerk City of Smyrna ,J~- Scott A. Cochran, Ity Attorney Ordinance No. 2004-25 - Exhibit" A" All that certain property situated and being in Land Lot 561 of the 1 th District and 2nd Section of Cobb County, Georgia, being Parcel 62, and more particularly described as follows: BEGINNING at the intersection of the southeastern right-of-way of Old Roswell Road with the eastern lot line of Land Lot 561; thence southwesterly along said right-of-way of Old Roswell Road a distance of 39 feet to a point, said point being the POINT OF BEGINNING; thence continuing southwesterly along the southeastern right-of-way of Old Roswell Road a distance of 191 feet to a point; thence south 36 degrees 07 minutes 39 seconds east a distance of 140.67 feet to a point; thence north 65 degrees 00 minutes 32 seconds east a distance of203.26 feet to a point; thence north 39 degrees 00 minutes 00 seconds west a distance of 191.72 feet to the POINT OF BEGINNING. - - - FIRE CHIEF'S OATH OF OFFICE I, Jason Lanyon, do solemnly swear that I will well and truly conduct myself as Fire Chief of the City of Smyrna for the ensuing term, that I will faithfully enforce the charter and ordinances of the City of Smyrna to the best of my ability, without fear or favor, that I am not the holder of any unaccounted public money due the State or any political subdivision or authority thereof, and in all my actions as Fire Chief act as I believe for the best interests of the City of Smyrna. So help me God. ----" - .,I d subscribed t<Y7fore me on th~~h day of July, 2004. /1 /p / / / / /l / / (~ ~ Wade . Lnenicka Mayor Pro Tern -