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01-17-2006 January 17, 2006 January 17,2006 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Fire Chief Jason Lanyon, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett, Finance Director David Boyd and representatives of the press. Invocation was given by Mr. Wright, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda item 4 B (Public Hearing - Rezoning Request Z05-033 - GC to RAD Conditional- 5.55 Acre Tract - Camp Highland Road - Traton of Georgia, LLC) will be tabled until the February 6, 2006 council meeting. MAYOR'S REPORT: - Mayor Bacon recognized Mr. Al Cochran, and congratulated him on the 50th anniversary of his law practice in Smyrna. Council Member McNabb read a Proclamation in recognition of the 50th Anniversary of Attorney J Al Cochran's practice of law in the City of Smyrna to those present. Council Member McNabb congratulated Mr. Cochran and presented the Proclamation to him. Mr. Cochran thanked the present officials and citizens for the opportunity to assist them over the years. Mayor Bacon recognized Principal Ford and students from Belmont Hills Elementary School. The students recited a poem and sang a song for the evening's character education program. Council Member Newcomb read a Proclamation in recognition of Child Passenger Safety Week 2006 to those present. Council Member Newcomb recognized Ms. Lisa Crossman from Cobb and Douglas Public Health, and Ms. Crossman provided details to those present concerning the importance of child passenger safety restraints for motor vehicles. Chief Lanyon provided details to those present concerning assistance the City's public safety personnel provide to citizens in connection with proper installation of child safety seats. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing - Rezoning Request Z05-032 - R-15 and GC to RAD Conditional-7.65 Acre Tract - Oak Drive - Southeast Real Estate Acquisitions, LLC Mr. Wright stated the applicant seeks to rezone the subject 7.65 acre tract for development of a 91 unit townhouse community at a density of 11.89 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) has recommended approval of 62 units at a density of 8.1 units per acre. Mr. Wright stated staff recommends approval for 71 townhouse units subject to a number of conditions. - January 17,2006 2 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. Shaw, and Mr. Shaw provided details to those present concerning the proposed townhouse development. Mr. Shaw stated he believes that 71 units is a reasonable number of townhouses for the proposed development. Mr. Shaw provided details to those present concerning exterior finish materials planned for the townhouses. Mr. Shaw stated a lift station for routing of sewage is planned for the development. Council Member Lnenicka asked Mr. Shaw if the development plan calls for any common facilities such as a gazebo or community building. Mr. Shaw stated the development will include an area of open space outfitted with picnic tables and a gazebo for the use of the residents. Council Member Lnenicka asked Mr. Shaw if Southeast Real Estate Acquisitions, LLC (SRA) will remove any derelict structures on the subject property within a specified time period after closing on the property, and Mr. Shaw answered in the affirmative. Mr. Shaw stated removal of any vacant structures will begin promptly, but additional time may be needed for appropriate disposal arrangements if any materials such as asbestos are found in the buildings. Council Member Lnenicka asked Mr. Shaw if he believes removal of derelict structures on the property can be accomplished with 60 days of closing. Mr. Shaw stated some residents may stay on the subject property for up to 60 days after closing in accordance with the sales contract, but demolition of existing structures will begin promptly after their departure. Council Member Lnenicka asked Mr. Shaw if he will agree to a stipulation of rezoning requiring removal of vacant structures on the subject tract to commence either within 60 days of closing or within 60 days of the date the property is vacated, whichever is sooner, and Mr. Shaw answered in the affirmative. Council Member McNabb asked Mr. Shaw to enumerate the structures presently existing on the subject tract for those present. Mr. Shaw stated there are five older residential structures presently occupying the subject property. Council Member McNabb asked Mr. Shaw ifthere are presently any commercial structures existing on the subject tract, and Mr. Shaw said no. -- -- Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes thanked the present officials for their recent approval of the redevelopment plan for the Deville Apartments property. Ms. Barnes stated she believes the proposed density for the subject property is too high. Ms. Barnes asked what traffic improvements are planned for the proposed development. Council Member Wood stated SPLOST funds are designated for use in the subject area, and that engineers wiIl determine the final form of the improvements. Ms. Barnes stated that two car garages do not seem to be required by stipulation for the proposed development. Ms. Barnes expressed concerns about potential problems with the planned lift station in the future. Ms. Barnes stated she thought that specific deadlines for removal of vacant structures was a standard stipulation. Mayor Bacon stated that State or Federal remediation requirements could affect a developer's ability to conform to these deadlines for removal of vacant structures. Ms. Barnes stated that vacant structures should be secured to prevent numerous types of illicit activities. Ms. Barnes stated that staff comments item # 6 concerning exterior finish materials seems to be in contradiction to stipulation # 1. Mr. Miller stated builders are allowed flexibility to use a variety of exterior finish materials, but no elevation can be comprised of 100% horizontal siding. Mr. Miller acknowledged that the elevation plans initially submitted by SRA did depict four-sided brick construction. Council Member Wood stated a variety of exterior finishes can provide a more attractive streetscape. Council Member Wood stated the Community Development Department will monitor the construction of the planned development to ensure compliance with requirements. Ms. Barnes expressed the view that a development built in Smyrna recently with a preponderance of horizontal siding and limited use of brick is unsightly. Ms. Barnes requested that some of the proposed units be built with features designed for mature occupants. - January 17,2006 3 At Council Member Wood's request, Mr. Miller read the stipulations of the rezoning proposal under consideration to those present as follows: - Standard Conditions (Requirements #8, 16 and 17 from Section 1201 of the Zoning Code are not applicable) 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 whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. The developer shall provide a landscaped buffer with a minimum width of 20 feet parallel to any right-of-way external to the development. 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 developer shall provide at least 200 square feet of common space per lot. This common space shall be developed with improvements for the residential subdivision such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association. 5. 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 ten percent reduction in a 2-year to IOO-year storm event. The city engineer shall approve all plans. - 6. All utilities within the development shall be underground. 7. 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 inside the subdivision and outside the subdivision adjacent to any public right-of-way 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. 8. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 20 feet. 9. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 10. No debris may be buried on any lot or common area. - 11. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". January 17,2006 4 12. 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. 13. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. There shall be a landscaped front entrance, with monument, indicating the name of the development. - 14. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. Special Conditions 15. The developer shall work with and coordinate all improvements (right-of-way, curbing, gutter, sidewalks, and turn lanes) for Oak Drive with the City Engineer to ensure that improvements are designed to match current City plans for the road. 16. The development's eastern, southern and western property lines shall include a 10' landscape buffer. 17. The private pump station shall be controlled and maintained by the Homeowners Association. 18. The development shall maintain the following setbacks: Front (Oak Drive) - 40' Rear (external) - 20' Side (external) - 20' Building Front to Front - 76' Building Side to Side - 20' Building Rear to Rear - 40' Building Side to Rear - 40' - Minimum Driveway Length - 22' The final version of the site plan will need to be revised to reflect these setbacks and not the ones listed on the current site plan. 19. The plat for the subdivision shall include a note stating the sanitary sewer system is private. The HOA shall be responsible for the sanitary sewer system's maintenance and any necessary repairs. This same language shall be included in the covenants for the subdivision. 20. The developer shall pursue gravity flow connection to a public sewer system. If, in the opinion of the City Engineer, gravity connection is not feasible, a sewer lift station will be allowed. This lift station will be designed by a registered engineer and approved by the City Engineer. It will allow for sufficient holding capacity for a minimum of two days sewer load in the case of a shutdown. The lift station shall be equipped with proper warning devices alerting the public of a malfunction with the pumps. The lift station shall be maintained by the Homeowner's Association. Covenants shall clearly explain that the burden of maintenance and repair of the lift station is the responsibility of the - January 17, 2006 5 Homeowner's Association, or, if no such Homeowner's Association exists, the homeowners pro rata in perpetuity. - 21. Demolition of existing improvements shall commence within 30 days of the date the buildings are either vacated by the present owners or closed on by the purchaser, whichever is later. 22. Each unit shall be provided with a two-door garage. 23. The name of the subdivision shall not include reference to any other city or community except the City of Smyrna. Council Member Wood asked Mr. Shaw ifSRA is agreeable to the standard and special conditions as read and discussed. Mr. Shaw stated the sales contract for the subject property states that the current owners will be allowed up to 60 days to vacate the property after closing. Mr. Shaw stated SRA accepts the stipulations as agreed upon. MOTION: Council Member Wood made a motion to approve Rezoning Request Z05-032 from R-15 and GC to RAD Conditional for a 7.65 acre tract on Oak Drive for Southeast Real Estate Acquisitions, LLC subject to standard and special stipulations as enumerated and discussed at this Meeting. The motion was seconded by Council Member Smith. Motion was approved 6 - 0, with Council Member Lnenicka abstaining. (B) Public Hearing - Rezoning Request Z05-033 - GC to RAD Conditional- 5.55 Acre Tract - Camp Highland Road - Traton of Georgia, LLC - Council Member Lnenicka stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to table Rezoning Request Z05-033 from GC to RAD Conditional for a 5.55 acre tract at Camp Highland Road for Traton of Georgia, LLC until the February 6, 2006 council meeting. The motion was seconded by Council Member Smith. Motion was approved 5 - 0, with Council Member Lnenicka abstaining. (Clerk's Note: Council Member McNabb was not present at the time of this vote) (C) Public Hearing; - Rezoning Request Z05-031 - R-20 to RAD Conditional- 6.94 Acre Tract - Church Road - Development Partners Mr. Wright stated the applicant proposes to rezone a 6.94 acre parcel for construction of 18 single-family homes at a density of2.59 units per care. Mr. Wright stated the PZB has recommended approval of the rezoning request, and that staff also supports the request subject to a number of conditions. Council Member 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 Smith recognized Mr. Freeman, and Mr. Freeman provided details of the development plans for the subject property to those present. Mr. Freeman stated that Pritchard Brothers will be the builder for this project, and that the planned structures will be built in the craftsman style. Mr. Freeman stated the houses will comprise approximately 2,500 s.f. each with selling prices of around $400,000 each. Council Member Smith advised Mr. Freeman that the Januarv 17,2006 6 roads in the proposed development should all be either publicly or privately maintained instead of a mix of both. At Council Member Smith's request, Mr. Freeman provided details to those present concerning proposed improvements and use ofthe common area of the development. Council Member Lnenicka expressed the view that it is important for the residents of the development to have some common structure where they can meet. - MOTION: Council Member Smith made a motion to approve Rezoning Request 205-031 from R-20 to RAD Conditional for a 6.94 acre tract on Church Road for Development Partners subject to applicable standard conditions and the following special conditions: 16. The developer shall provide a guard rail at the end of W oodview Lane. 17. The existing sanitary sewer line will need to be rerouted, and no residence shall be built within the new 20' sewer easement. 18. Minimum floor area shall be 2,400 square feet. 19. The development shall maintain the ollowin~etbacks: Church Road - 25' l~ ~ Front-IS' \ J Side (interior) - Minimum i5',' Str et side 15' Rear - 20' Driveway - 22' minimum length from building face to right-of-way 20. The name of the subdivision shall not include reference to any other city or community except the City of Smyrna. - The motion was seconded by Council Member Wood. Council Member Newcomb thanked Mr. Freeman for his complete cooperation with the stream buffer requirement for the subject property. Motion was approved 7 - O. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Bid Award - 2005 Transportation Improvement Program - Program Management Services Mr. Wright stated the purpose of this agreement is to provide program management assistance, preconstruction and construction services, and right-of-way (ROW) acquisition for $43,000,000 in road improvements from the recently approved special purpose local option sales tax (SPLOST). Mr. Wright stated staff recommends the award be divided as follows: program management assistance, preconstruction services and construction services will be awarded to Croy-MSE; ROW services will be awarded to Moreland Altobelli. Mayor Bacon recognized Mr. Jim Croy from Croy-MSE and Messrs. Jeff Joiner and Chris Kingsbury (phonetic) from Moreland Altobelli. Council Member Pritchett provided details to those present concerning the bid and selection process. -- J anuarv 17, 2006 7 ... MOTION: Council Member Pritchett made a motion to award program management services contracts as follows: program management assistance, preconstruction services and construction services to be awarded to Croy-MSE; right-of-way services will be awarded to Moreland Altobelli. The motion was seconded by Council Member Scoggins. Council Member Newcomb asked Mr. Wright why a split contract is being awarded. Mr. Wright stated the two contractors were selected on the basis of their respective strengths. Council Member Lnenicka, Mayor Bacon and Council Member Wood commented favorably on Mr. Croy's qualifications and experience as well as those ofthe staff of Moreland Altobelli. Motion was approved 7 - O. (B) Reappointment of Ward 2 Representative to the Parks and Recreation Commission MOTION: Council Member Newcomb made a motion to reappoint Ms. Susan Watte-Camps to another two-year term on the Parks and Recreation Commission to expire January 31, 2008. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (C) Reappointment of Ward 3 Representative to the Parks and Recreation Commission MOTION: Council Member Scoggins made a motign to reappoint Ms. Rosie Malone to another two-year term on the Parks and Recreation Commission to expire January 31, 2008. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (D) Reappointment of Ward 7 Representative to the Parks and Recreation Commission - MOTION: Council Member Wood made a motion to reappoint Mr. Tom Sconzo to another two- year term on the Parks and Recreation Commission to expire January 31, 2008. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of January 3,2006 Minutes (B) Bid Award - Design services for Taylor Farm passive park Award of bid to W.K. Dickson, Community Infrastructure Consultants, RFQ #6-012 for park design at Taylor Farm passive park, Atlanta Road is recommended. Moreland- Altobelli and staff agree that W.K. Dickson's fee proposal is acceptable. It is recommended that the contract be awarded to W.K. Dickson and that the Mayor be authorized to execute all related documents. (C) Approval to request bids for street pavement markings Thermoplastic pavement markings are to be placed on Spring Road, Cumberland Boulevard, Village Parkway, North Cooper Lake Road and various other streets. This is the beginning of a program for the routine maintenance of the pavement markings in the City. This project will be funded from the 2005 SPLOST. The City Engineer has reviewed the pavement marking needs throughout the City and recommends approval. - January 17,2006 8 (D) Bid Award for Tolleson Pool mechanical improvements This is a material and labor purchase. Worn and inefficient pumps will be replaced. The facility's original DE type filtration system will also be replaced with dual sand filters. The mechanical room(s) will be modified considerably though some of the original piping will remain. These changes will result in a better operated pool with water that is cleansed more rapidly using fewer man-hours to perform related functions. As per the attached letter from Purchasing Agent, the low qualified bidder is recommended of the 3 bids received. Award of this bid to Aqua Design Systems, the low qualified bidder, is recommended. ... (E) Approval of Extension of the Plant Atkinson Transfer Station agreement for two additional years Waste Management has proposed a new contract to increase the waste disposal fee for municipal solid waste from $26.25/ton to $27.72/ton. The term of the contract would be for 24 months beginning January 1,2006. Staff recommends execution of the new agreement with Waste Management to extend the Plant Atkinson Transfer Station agreement for two additional years. (F) Approval of Extension of the Bolton Landfill (Inert) agreement for two additional months Waste Management has proposed a new contract to extend the Bolton Landfill (Inert) for two additional months, commencing on January 1,2006. The waste disposal fee for municipal solid waste will remain at $20.00/ton. Staff recommends execution of the new agreement with Waste Management to extend the Bolton Landfill (Inert) agreement for two additional months. (G) Approval of use of Council Chambers for a meeting of the Sutherlin Park HOA on Saturday, January 28,2006 from 9:00 a.m. until 12:00 noon MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - O. .- COMMITTEE REPORTS: Council Member Wood recognized Mr. Boyd, and Mr. Boyd stated the City has garnered the Government Finance Officers Distinguished Budget Presentation Award for the fifteenth consecutive year. Mr. Boyd stated Budget Analyst Greg Van Antwerp has won an award for his work every year he has been involved in this process. Council Member Lnenicka recognized Chief Lanyon, and Chief Lanyon provided details to those present concerning progress on the new Station 3 building. Council Member Lnenicka commended Chief Lanyon and Lt. Riddle for the assistance the City fire department renders to the public with child passenger safety seats. Council Member Lnenicka recognized Chief Hook, and Chief Hook provided details and statistics to those present concerning recent City police operations. Council Member McNabb commended officers of the City police department for their prompt and efficient response to a recent citizen complaint. Chief Hook stated the City police department is close to achieving its target staffing level. Council Member Lnenicka reminded those present that there will be a meeting of the Heritage at Vinings HOA this week. .- Januarv 17.2006 9 Council Member Lnenicka stated that Smyrna 2005 Citizen of the Year Arthur Crowe recently underwent heart surgery at Piedmont Hospital. Council Member Lnenicka stated Mr. Crowe is said to be recovering well. - Council Member Lnenicka commented favorably about the character, leadership and oratorical talents of Dr. Martin Luther King, Jr., and read one of his quotes to those present. Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is presently recruiting. Mr. Corey announced that Lt. David Thomas from the fire department will be retiring soon, and commended him on his many years of service to the City. Council Member Smith commented favorably about the school awards program held earlier this evening at City Hall. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning recent use statistics as well as current and upcoming programs and events for the City Library. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning a new education newsletter recently disseminated in City water bills. Ms. Bennett stated this newsletter and other information are also available on the City website. Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present regarding parks and recreation improvements being planned for construction soon. Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott had no report. - Council Member Newcomb recognized Mr. Miller, and Mr. Miller provided current City building statistics to those present. Mr. Miller provided details to those present concerning an upcoming development fair to be held at the Community Center. At Council Member Newcomb's request, Mr. Miller provided details to those present concerning City economic development information to be presented at this event. At Council Member Newcomb's request, Mr. Miller provided details to those present concerning efforts to generate interest in the SaveRite retail space on Spring Road. Council Member Newcomb commended Lt. David Thomas on his many years of service to the City. Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes had no report. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk reported that some dogwood seedlings are available to interested persons at the Recycling Center. Ms. Kirk provided details to those present regarding the recent Christmas tree recycling program. Council Member Pritchett thanked Ms. Kirk for her assistance with the education awards event held earlier this evening at City Hall. Council Member Pritchett commented favorably about her experiences volunteering at local schools, and encouraged everyone to take an interest in the local schools through volunteer service and other activities. .. Mayor Bacon stated the County has agreed to postpone a recent increase in the wastewater processing fee charged to the City. Mayor Bacon stated this postponement will give the City's officials a chance to review information pertaining to the increase, and expressed thanks to Chairman Olens for his cooperation in this matter. Mayor Bacon stated the education awards event held earlier this evening at City Hall was one of the best experiences he has had as Mayor of Smyrna, and thanked Ms. Bennett and Ms. Kirk for their assistance with this program. Januarv 17.2006 CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 9:33 p.m. A. MAX BACON, MAYOR (-.... (~Ml" (). rioXt - SUSAN D. HIOTT: CITY CLERK &~-- BILL SCOGGIN~ 3 ~~-hJ u~ CHARLES PETE WOOD, WARD 7 < - ~;J!J! t6- ~ MIC ELMCNABB,-'~4 10 - - ...