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09202004 September 20, 2004 Council Meeting September 20, 2004 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was preceded by a special called work session. 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 Clerk Susan Hiott, City Attorney Scott Cochran, Fire Department Captain Jack Collins, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Program Coordinator Patty Bacon, Human Resources Director Chris Corey, Community Relations Director Jennifer Bennett, Keep Smyrna Beautiful Director Ann Kirk, Community Development Director Chris Miller, Executive Assistant Susan Drinnon and representatives of the press. Invocation was given by Reverend Jim Moon, Jr. from Crosspoint Presbyterian Church. followed by the pledge to the flag. AGENDA CHANGES: There were none. MAYOR'S REPORT: Mayor Bacon congratulated Moe's Restaurant on the second anniversary of their opening in the Market Village. - Mayor Bacon recognized School Board Representative Curt Johnston. and Mr. Johnston presented this month's character education words to those present. Mr. Johnston introduced Principal Joanne Robblee from Teasley Elementary School to those present. Principal Robblee introduced Counselor Jean Mosely. Counselor t\:lillie Grondo and Assistant Principal Ramona Cooper from Teasley Elementary School to those present. Students from the school presented a mission statement to those present, along with information about a book the student council members produced regarding steps that can be taken to help protect the environment. The students concluded their presentation by singing a school anthem for those present. Mr. Corey recognized Lt. Keith Zgonc, Ofc. Bill Turner, Ofc. Louis Defense and Detention Ofc. Rommys Chad from the City Police Department. Lt. Zgonc provided details to those present regarding an investigation concerning the sale of fraudulent documents in the City. Lt. Zgonc stated Ofcs. Defense and Turner conducted surveillance at the subject location over a period of time, and that Detention Ofc. Chad assisted in an undercover capacity with the purchase of some counterfeit documents. Lt. Zgonc stated the investigation resulted in two arrests and issuance of a warrant for a third individual on felony charges. Mr. Corey presented Ofcs. Defense and Turner and Detention Ofc. Chad with a certificate recognizing each of them as an Employee of the Month for their outstanding service. Mr. Corey stated each ofthe three officers will also receive a $50 cash award and a paid day off. Mayor Bacon thanked Ofcs. Defense and Turner and Detention Ofc. Chad for their service to the community. CITIZENS INPUT: - Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street. and Mr. Martin expressed concerns regarding the proposed overlay district and the impact of development on his community. September 20. 2004 2 Mayor Bacon recognized Ms. Karen Adams, and Ms. Adams stated she would like more information regarding land use issues to be discussed at this meeting. Mayor Bacon stated a public hearing will be held on these matters, and that pertinent questions may be posed at the appropriate time. - Mayor Bacon recognized Mr. Vic Yankouski. and Mr. Yankouski provided details of his candidacy for the post of State House District 34 to those present. Mr. Yankouski asked those present for their support of his candidacy. Mayor Bacon recognized State Senator Ginger Collins, and Senator Collins stated she is seeking reelection to the State Senate. Senator Collins asked those present for their support of her bid for reelection. Mayor Bacon recognized Mr. Dan Whitney, and Mr. Whitney provided details of the 10K Classic event to those present. Mr. Whitney stated that $153,000 will be contributed to MUST Ministries, Boy Scouts of America and the World Children's Center. Mr. Whitney presented a plaque to the Mayor and Council Members and Chief Hook in appreciation for their support of this event. LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Public Hearing - Variance Request V04-025 - Reduction in Side Yard Setback- Highlands Parkway (Office Development) - Richard Vaughn Mr. Miller stated the applicant has requested reduction of the setbacks for the front yard and side yard at the subject location. Mr. Miller stated that staff recommends approval of reduction of the side yard setback from 50' to 20.' Mr. Miller stated staff does not recommend approval of the reduction of the rear yard setback from 50' to 40.' -- Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Council Member Wood recognized Mr. Vaughn, and asked Mr. Vaughn to provide details to those present regarding plans for the use of the subject property. Mr. Vaughn stated construction of office condominiums on the subject property is proposed. Mr. Vaughn stated the plans call for construction of nine buildings with a total of some fifty units. Mr. Vaughn stated each unit will comprise about 1,141 s.f. Mr. Vaughn stated that the four-unit buildings will be about 4,500 s.f. in size, and the six-unit buildings will comprise approximately 6,500 s.f. Council Member Wood asked Mr. Vaughn if the structures will feature brick exteriors, and Mr. Vaughn stated three sides of the buildings will be finished in brick with asphalt shingle roofs. Mr. Vaughn stated the units will have a selling price of about $200,000 each. Mayor Bacon recognized Ms. Kay Powell, residing at 5190 Heather Road, and Ms. Powell expressed concerns about the potential impact of this proposal on the environment. Council Member McNabb asked Ms. Powell if she currently experiences flooding on her property. Ms. Powell stated no water reaches her house, but the nearby creek does overflow. Mayor Bacon recognized Ms. Karen Adams, residing at 5086 Crowe Drive, and Ms. Adams asked what streets in the subject area may be affected by the proposal under consideration. Mr. Miller stated that Crowe Drive and Heather Road are the closest streets to the subject tract. Mr. Miller stated there is a 25' stream bank buffer in the area near Crowe Drive. Mr. Miller stated the -- September 20, 2004 3 - request for the rear yard setback has not been recommended for approval. Council Member Smith asked Mr. Vaughn ifthe installation of retention ponds on the subject property has been considered, and Mr. Vaughn stated a lake in the development compensates for the storm water runoff. Council Member Newcomb asked Mr. Miller if there will be 25' of buffer space on either side of the creek in the subject area. Mr. Miller stated that, because the subject tract is a platted lot, the buffer will be 25,' not 50.' Council Member Newcomb asked Mr, Miller if it is correct that the buffer is in a flood plain which cannot accommodate a building, and Mr. Miller answered in the affirmative. MOTION: Council Member Wood made a motion to approve Variance Request V04-025 for a reduction in side yard setback at Highlands Parkway for Richard Vaughn. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (B) Public Heari!}g - Variance Request V04-026 - Reduction in Rear Yard Setback- Highlands Parkway (Office Development) - Richard Vaughn Council Member Wood recognized Mr. Vaughn, and Mr. Vaughn stated that the existence of a stream buffer near the subject property provides additional space which could be taken into consideration. MOTION: Council Member Wood made a motion to deny Variance Request V04-026 for a reduction in rear yard setback at Highlands Parkway for Richard Vaughn. The motion was seconded by Council Member Newcomb. Motion to deny the request was approved 7 - O. (C) Public Hearing - Variance Request V04-028 - Reduction in Lot Width - Cooper Lake Road at Nickajack Road (Lot 1) - Michael Landers - Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to numerous persons by Mr. Cochran. Mr. Miller stated the applicant is seeking variances at the subject tract to reduce lot width on three lots, to reduce lot frontage on one lot and to reduce front yard setback on one lot. Mr. Miller stated staff supports the requested variances provided a landscape buffer is installed between the subject parcel and the Summer Place subdivision in compliance with minimum standards set forth in Section 503 of the Zoning Code. Council Member Wood recognized Mr. Landers, and asked Mr. Landers to provided details to those present regarding the need for the requested variance. Mr. Landers stated that approval of the requested variances will help enable him to make the planned community more consistent with other houses in the subject area and improve the aesthetic appeal of the new development. Mr. Landers stated that the variances would allow him to establish footprints for homes that will be built to a higher standard with a selling price in the $500,000 to $600,000 range or higher. Mr. Landers stated that without approval of the requested variances, smaller houses will have to built which he believes would not be consistent with the surrounding community. Council Member Wood asked Mr. Landers what the square footage of the proposed houses will be, and Mr. Landers stated they will be at least 3,000 s.f. in size. Mayor Bacon asked Mr. Landers if he would agree to the variance being conditioned on a stipulation specifying a minimum house size, and Mr. Landers answered in the affirmative. Mayor Bacon asked Mr. Miller what the minimum required house size is for R-15 zoning, and Mr. Miller stated it is 2,000 s.f. - Mayor Bacon recognized Mr. Rob Bobo (phonetic), an attorney representing some of the September 20, 2004 4 homeowners in Summer Place subdivision. Mr. Bobo stated the homeowners he represents object to the fact that the proposed variances will alter the layout of the nearby roadway with the result that the homeowners' property will abut the roadway. Mr. Bobo stated that some of the affected properties will face roadway on three sides if the subject property is developed as proposed. Mr. Bobo stated such a change could result in diminished property values for the affected homeowners and disturbance associated with traffic on the nearby roadway. Mr. Bobo stated he is asking that the requested variances be denied because. unless there is an adequate buffer to prevent interference with the property of the his clients by the roadway, unfavorable impact on the value of his clients' properties could result. Council Member Wood asked Mr. Miller to provide details of the proposed landscape buffer which would separate the subject property from Summer Place subdivision. Mr. Miller stated that Section 503 requires a 10' buffer. Mr. Bobo stated that the homeowners received a communication from the developer indicating that this public hearing was scheduled for 6:00 p.m., and that this may have affected attendance. Mr. Landers stated there are plans to move the road going into the proposed subdivision northward away from the intersection of Cooper Lake Road and Nickajack Road in order to make the entrance to the development safer for motorists. Mr. Landers stated there are plans to install some $40,000 worth of magnolia and other trees in the proposed buffer. Mr. Landers stated a columned fence planned for the proposed development can be extended to the most affected lots in Summer Place subdivision. - Mayor Bacon recognized Ms. Viveca Famber Powell. residing at 631 Summertree Court, and Ms. Powell expressed concerns about traffic safety in the vicinity of Cooper Lake Road and Nickajack Road. Ms. Powell stated that care should be taken regarding the placement of any roadway in this area. At Mayor Bacon' s request. Mr. Landers and other persons present with an interest in the requested variances repaired to a meeting room in City Hall along with Mr. Miller to further discuss details pertaining to this proposal. (Clerk's Note: The record pertaining to land use and zoning matters will continue in a subsequent section of this document) - PRIVILEGE LICENSES: There were none. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: (A) 15,500 s.f. Bank Building - 3016 Atlanta Road - Community Bank of the South MOTION: Council Member McNabb made a motion to approve a commercial building permit for T. R. Benning, Jr. for a 15,500 s.f. bank building at 3016 Atlanta Road for Community Bank of the South. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. - September 10, 2004 5 (B) Car Wash Facility - 2274 Atlanta Road - Horizon Construction - MOTION: Council Member Scoggins made a motion to approve a commercial building permit for a car wash facility at 2274 Atlanta Road for Horizon Construction. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of September 7, 2004 Minutes (B) Approval of Authorization for Mayor to sign a Project Management Agreement for the Livable Centers Initiative Project (LCI) STP-0006-00 (992) Atlanta Road Intersection and Multi-Use Path, Cobb County, Agreement between the Department of Transportation and the City of Smyrna for Transportation Facility Improvements The Atlanta Regional Commission (ARC) selected Moreland Altobelli Associates to act as the overall project manager to administer the LCI-related transportation grants. The ARC has requested Smyrna and other local LCI municipalities to execute the attached agreement. The agreement is related to the City's $1.4M grant for the Atlanta Road multi-use path. Staff recommends the Council authorize the Mayor to execute the attached agreement. (C) Approval to Resume Payment of Legion Field Rental on Behalf of Smyrna Little League Smyrna Little League has requested the City to resume payment of $3.200 per year for use of Legion Field. - (D) Approval of Award of Bid # IFB 5-004 Public Works requested bids for the replacement and upgrade of approximately 900 LF of Storm Sewer Piping on Whitfield Court at Whitfield Street. Three vendors returned bids for this project with the following results: Wade Coots Co. $294.888.00 0& H Construction Co. $217.653.00 K. M. Davis Contracting Co. Inc. $175.000.00 Public Works staff and Purchasing have reviewed the bids and recommend bid award to the low bidder, K. M. Davis Contracting Co.. Inc. for $175.000.00. Mayor Bacon recognized Mr. Hildebrandt. and asked Mr. Hildebrandt to provide details to those present regarding the $1,400,000 grant received by the City for improvements in the area of Atlanta Road. Mr. Hildebrandt stated the funds will be used for improvements on Atlanta Road between Spring Road and Windy Hill Road. Mr. Hildebrandt stated that improvements will include landscape median, brick paver sidewalks and signal improvements. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Scoggins. Council Member Lnenicka stated he will abstain from this vote because of his association with the American Legion. Motion was approved 6 - 0, with Council Member Lnenicka abstaining. - September 20, 2004 6 COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Stokes. Mayor Bacon commended Mr. Stokes for the efforts by the Public Works Department during recent storms which probably reduced the amount of flooding caused by the inclement weather conditions. Mayor Bacon also commended the staff of Georgia Power Company for their efforts in restoring power to areas which experienced service interruptions caused by the weather. Mr. Stokes provided details to those present regarding Public Works Department activities during the storms. Mr. Stokes provided details of other Public Works Department projects and activities to those present. Council Member Pritchett thanked Mr. Stokes for the efforts he and the Publ ic Works Department staff made to alleviate the adverse conditions caused by the recent storms. Council Member McNabb asked Mr. Stokes what steps are taken to help prevent sewage spills caused by possible sewer line failures in the City. Mr. Stokes stated that creek crossings are periodically checked for bank erosion. At Council Member Smith's request, Mr. Stokes explained to those present the proper method of placing residential yard waste in appropriate containers for disposal. At Council Member Scoggins' request, Mr. Stokes provided details to those present regarding the effects of the recent storms on the City pumping station. Council Member Lnenicka commended Mr. Stokes and the Public Works Department staff for their efforts during the recent storm. - Council Member Pritchett recognized Ms. Kirk. Council Member Pritchett commented favorably on the presentation made by the students this evening regarding environmental preservation, and Ms. Kirk stated she also is gratified to see young students learning about the importance of cdnservation. Ms. Kirk provided details of upcoming Keep Smyrna Beautiful (KSB) activities to those present. Ms. Kirk stated there is a special KSB 20th Anniversary display at the City Library, and urged those present to view and enjoy the display. Council Member Newcomb recognized Mr. Miller, who had no report. Council Member Newcomb expressed concern for the people who sustained property damage during the recent storms. - Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details of current City court and probation operations to those present. Council Member McNabb recognized Mr. Seigler, who provided statistics of current City Library operations to those present. Mr. Seigler provided details of upcoming special events, exhibitions and programs planned at the City Library to those present. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided to those present details of the Spice of Life event recently held in the City. Ms. Bennett stated this was a well- attended and very successful event. Ms. Bennett expressed appreciation to 104.7 Fish FM, V-I 03 and Flavors magazine for their top-tier sponsorship of this event. Ms. Bennett thanked Kenny's Key Lime Pie, Aldi Foods, Waste Management, Noro-GKJ Development, Toys R Us, Admobile and the City staff members whose support helped to make this event such a great success. Ms. Bennett provided details of upcoming City events to those present. and urged everyone to check the City website for more details. Council Member McNabb recognized Ms. Bacon, and Ms. Bacon provided details of upcoming Parks and Recreation Department events and activities in the City. Council Member McNabb expressed appreciation to the City personnel who provided assistance during the recent storms. Council Member McNabb stated the services ofthe engineering firm of - September 20, 2004 7 - Welker and Associates have been engaged for the purpose of conducting a study of the creeks and drainage basins in the City to help identify possible measures to better manage storm water runoff. Council Member McNabb stated that the results of this survey will be made available to interested citizens when the study is completed. Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is recruiting. At Council Member Smith's request, Mr. Corey provided details concerning the application process for City jobs to those present. Council Member Lnenicka recognized Fire Department Captain Jack Collins, and Captain Collins provided details of fire department operations during the recent storms to those present. Council Member Lnenicka recognized Chief Hook, and Chief Hook provided to those present details concerning police staff reassignments and recent statistics pertaining to City police department operations. Council Member Lnenicka commented favorably on the performance ofthe City staff during the recent storms and the Spice of Life event. Council Member Lnenicka expressed the view that the manner in which the American Flag is displayed at a particular automobile sales establishment in the City is inappropriate. Council Member Lnenicka stated that an individual was critical of the Mayor and Council Members during the citizens input portion of this meeting ostensibly because of their participation in one or more public meetings. Council Member Lnenicka stated he cares about the input of citizens, and that he will not stop participating in public meetings simply because one individual seems to object to them. Council Member Wood expressed appreciation to the City personnel who provided assistance during the recent storms. - CITIZENS INPUT: There was none. LAND ISSUES/ZONINGSI ANNEXA TIONS (CONTINUED): (C) Public Hearing - Variance Request V04-028 - Reduction in Lot Width - Cooper Lake Road at Nickajack Road (Lot I) - Michael Landers (Continued) Mr. Landers stated he is willing to follow staff recommendations for a 10' landscape buffer from Nickajack Road to the utility easement. Mr. Landers stated he will give citizens whose property may be affected by the proposed development an opportunity to review the plans during the permit process. Mr. Landers stated he is willing to give citizens whose property may be affected by the proposed development some input as to what type offence will be erected in the subject area. Mr. Landers stated the variances he is requesting have no connection to the positioning of any streets. Mr. Bobo stated both he and the people he represents do not believe the proposed development will be beneficial to the community, and requested that the council deny this variance request. Council Member Wood expressed appreciation to all those persons who made an effort to discuss this matter for possible solutions. - MOTION: Council Member Wood made a motion to table Variance Request V04-028 for reduction in lot width for Cooper Lake Road at Nickajack Road (Lot I) for Michael Landers until the October 4,2004 meeting. The motion was seconded by Council Member Smith. Motion was approved 7 - O. September 20, 2004 8 (D) Public Hearing - Variance Request V04-029 - Reduction in Lot Width - Cooper Lake Road at Nickajack Road (Lot 4) - Michael Landers MOTION: Council Member Wood made a motion to table Variance Request V04-029 for reduction in lot width for Cooper Lake Road at Nickajack Road (Lot 4) for Michael Landers until the October 4,2004 meeting. The motion was seconded by Council Member Smith. Motion was approved 7 - O. - (E) Public Hearing - Variance Request V04-030 - Reduction in Lot Width and Lot Frontage - Cooper Lake Road at Nickajack Road (Lot 5) - Michael Landers MOTION: Council Member Wood made a motion to table Variance Request V04-030 for reduction in lot width and lot frontage for Cooper Lake Road at Nickajack Road (Lot 5) for Michael Landers until the October 4,2004 meeting. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (F) Public Hearing - Variance Request V04-031 - Reduction in Front Yard Setback - Cooper Lake Road at Nickajack Road (Lot 6) - Michael Landers MOTION: Council Member Wood made a motion to table Variance Request V04-031 for reduction in front yard setback for Cooper Lake Road at Nickajack Road (Lot 6) for Michael Landers until the October 4,2004 meeting. The motion was seconded by Council Member Smith. Motion was approved 7 - O. ADJOURNMENT: With no further business, the meeting was adjourned at 9:38 p.m. - - September 20, 2004 9 - -) / "~ /-J!1/VD . /i~ ( ~~~~j;MITH,WAyD5 - ~~~ CHARLES PETE WOOD, WARD 7 - ./ D~Y~'- SU N D, HIOTT, CITY CLERK ~., J~ RON NEWCOMB. WARD 2 YY1,~ 'f!1~ ~,t MICH"i\EL McNABB, WARD --- ~