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06-19-2006 June 19, 2006 June 19,2006 - 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, Assistant City Administrator Eric Taylor, 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, Budget Analyst Greg Van Antwerp and representatives of the press. Invocation was given by Pastor Shell Osbon from Smyrna Assembly of God, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 4 0 (Public Hearing - Rezoning Request Z06-028 - R-15 to RAD Conditional - .534 acre tract - Wright Street - Alliance Resource Management) will be tabled until the July 5, 2006 council meeting. Mayor Bacon stated agenda item 4 E (Public Hearing - Rezoning Request Z06-030 - R-15 to RAD Conditional - .512 acre tract - Church Street - Fairbanks Properties, LLC) has been withdrawn. Mayor Bacon stated agenda item 4 F (Public Hearing - Approval of updated zoning map) will be tabled until the July 5, 2006 council meeting. Mayor Bacon stated agenda item 4 G (Public Hearing - Approval of new Mixed Use District) will be tabled until the July 17,2006 council meeting. ... MAYOR'S REPORT: Mayor Bacon recognized Keep Smyrna Beautiful Director Ann Kirk, and the Image Enhance- ment Award was presented to Dr. Michael Haley for improvements to his dental office on Concord Road. Dr. Haley commented favorably about growth and progress in the City, and thanked everyone for the Award. Council Member McNabb read a Proclamation in Recognition of Harris Jewelers to those present, and presented the Proclamation to Mr. Harris. Mr. Harris thanked the present officials for the Proclamation. Mayor Bacon thanked Mr. Harris for his contributions to the community. Mayor Bacon recognized coaches and team members of the Smyrna Little League, and congratulated them on their recent success in the District 2 Tournament. ... Council Member Wood provided details to those present regarding the fiscal year 2007 City budget. Council Member Wood recognized Messrs. Boyd and Van Antwerp, and Mr. Boyd provided details to those present concerning the process of developing the budget. Council Member Wood stated the budget includes funding for a total of 127 personnel for the City police department. Council Member Wood recognized Chief Hook, and Chief Hook provided details to the present officials regarding former City police personnel who accepted positions with another agency for sign ificant pay increases. Chief Hook provided details to those present regarding City police staffing levels and operations. Chief Hook stated the City police department continues to maintain its ability to respond rapidly to emergency calls. Chief Hook stated the City's hiring salary range for police officers is competitive. Mayor Bacon recognized Chief Lanyon, and Chief Lanyon provided details to those present concerning staffing levels at the June 19,2006 2 City fire department. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Wood stated the fiscal year 2007 City budget is based on a tentative millage rate of9.57 mils which is unchanged from the 2006 fiscal year. MOTION: Council Member Wood made a motion to approve the fiscal year 2007 City Budget, to include a general fund budget of$38,373,897, a special revenue budget of$8,320,123, a water and sewer budget of $13, 120,699, for a total of$59,814,719. The motion was seconded by Council Member Lnenicka. Council Member Lnenicka thanked Mr. Wright, Ms. Hiott and the City's management staff for working together to formulate this budget. Council Member Lnenicka stated the City's officials have a responsibility for stewardship of these public resources. Council Member Lnenicka stated he believes this budget will be adequate for the City's needs. Council Member Lnenicka stated the budget for the City police department has been increased by 9.6% and the general fire administration budget is up by 7.67%. Council Member Lnenicka stated public safety is a high priority for the City government. Council Member McNabb thanked Messrs. Boyd and Van Antwerp for their assistance in the budget process. Council Member McNabb stated formulation of a budget involves assessment of needs and being mindful of staying within the means of the City government. Council Member McNabb stated this budget is balanced and will not require any tax rate increase. Motion was approved 7 - O. LAND ISSUES/ZONINGS/ ANNEXA TIONS: (A) Public Hearing - Rezoning Request Z06-0 1 0 - R-15 to RAD Conditional - 3.03 acre tract - Highland Avenue - DGD Holdings, Inc. - Mr. Wright stated the current plan for the subject property calls for 10 single-family residences at a density 00.81 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) recommended denial of the request. Mr. Wright stated staff supports the rezoning request for 10 units subject to a number of conditions. Mayor Bacon asked Mr. Wright how many dwellings were requested when the rezoning application for this property was initially submitted, and Mr. Wright stated the original plan specified 12 dwellings. 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 Scoggins recognized Mr. Dudek, and Mr. Dudek stated a through street from Marston Street to Highland Avenue will be included in the updated version of this development plan. Mr. Dudek stated the lot sizes for the planned structures have been increased, and the cul- de-sac originally planned has been eliminated. Mr. Dudek stated the configurations of the planned lots are expected to function well with the lower-profile architecture planned for them. Council Member Scoggins asked Mr. Dudek if he owns the Riley's Walk property. Mr. Dudek stated the referenced property was sold to Monte Hewitt Homes. Council Member Scoggins asked Mr. Dudek if the property under consideration is part of Riley's Walk, and Mr. Dudek answered in the affirmative. Mr. Dudek stated the subject property will be covered by the Riley's Walk homeowners association (HOA) regulations. Mr. Dudek used a graphic representation of the proposed development to help explain some of the development's features. Mr. Dudek stated the plan calls for 9,000 s.f. of greenspace. Mr. Dudek stated the plan as presented includes provisions for preservation of older trees in the subject area. - June 19, 2006 3 - Mayor Bacon recognized Ms. Candy Henry, residing on Marshall Street, and Ms. Henry pre- sented a petition to the present officials signed by persons opposed to the open ing of Marston Street. Ms. Henry expressed opposition to the opening of Marston Street and expressed concerns about traffic problems which she believes could materialize if this street is opened. Mr. Henry expressed concerns about children living in the affected area whom he believes could be subjected to traffic hazards as a result of this proposal. Mr. Henry asked the City's officials to keep Marston Street closed. Mayor Bacon recognized Ms. Gillam, residing on Marshall Street, and Ms. Gillam asked the City's officials to keep Marston Street closed. Mayor Bacon recognized Ms. Virginia Bogue, residing at 2587 Highland Avenue, and Ms. Bogue stated she would prefer that the new houses face Highland A venue and for Marston Street to be a cul-de-sac. Mayor Bacon recognized Ms. Patricia Barfield, residing at 2590 Gilbert Street, and Ms. Barfield asked if it is correct that the property under consideration is part of Riley's Walk. Mr. Dudek stated the property under consideration is part of Riley's Walk. Ms. Barfield expressed concerns about cul-de-sacs being built in the subject area. Ms. Barfield expressed concerns about vehicular traffic on Gilbert Street. Ms. Barfield stated there are three speed breakers and some speed limit signs on Highland Avenue, but there is only one sign on Gilbert Street. Ms. Barfield expressed the view that opening up Marston Street will have an unfavorable impact on vehicular traffic in the subject area. Mayor Bacon recognized Mr. Nick Young, residing at 1349 Marstson Street, and Mr. Young expressed concern about traffic in the subject area. - Mayor Bacon recognized Mr. Mike Kemp, residing at 2620 Highland Avenue, and Mr. Kemp expressed support for the rezoning request under consideration. Mr. Kemp commended Mr. Dudek for making efforts to improve the plan, and expressed the view that Marston Street will be safer when it will have more access for emergency vehicles. Mayor Bacon recognized Ms. Evans, residing at 1320 Roswell Street, and Ms. Evans asked whether or not the planned structures will have basements. Mayor Bacon recognized Ms. Patty Hurley, residing at Windown Trail, and Ms. Hurley stated she would like to see speed humps and traffic signs installed in the subject area. Ms. Hurley expressed concerns about vehicular traffic going through neighborhood streets to avoid the nearby railroad crossing. Ms. Hurley commended Mr. Dudek for making efforts to improve the plan for the subject property. Mayor Bacon recognized Mr. Henry, and Mr. Henry expressed concerns about the safety of children in the subject area being jeopardized by motorists. Council Member Scoggins stated he takes his responsibility as an elected official seriously. - MOTION: Council Member Pritchett made a motion to approve Rezoning Request Z06-010 from R-15 to RAD Conditional for a 3.03 acre tract on Highland Avenue for DGD Holdings, Inc. subject to the condition that construction traffic coming in on Hawthorne Avenue wi II be controlled by taking it down Highland Avenue, the new street coming in, and bringing it back out. Mr. Dudek stated he will accept the specified stipulation. Council Member Pritchett stated June 19,2006 4 the motion is subject to all special conditions and applicable standard conditions. (Clerk's Note: A copy of the conditions of this rezoning are appended hereto as Exhibit A) Mr. Dudek stated he will accept the stipulations as specified. The motion was seconded by Council Member Newcomb. Council Member Newcomb asked if the plan as submitted is to be approved, and Council Member Pritchett answered in the affirmative. Council Member Newcomb stated he appreciates the viewpoints of Council Member Scoggins and the residents of the affected area. Council Member Newcomb commented favorably about efforts made by Mr. Dudek to try to address various concerns raised about the proposed development. Council Member Smith stated 12 residents in the subject area want Marston Street to remain closed. Council Member Smith stated Martson Street has been a dead-end street for 50 years, and as far as he is concerned it is a dead-end street. Council Member Smith stated he objects to the plan as proposed because it includes a through street. Council Member Pritchett stated the motion made is for approval ofthe plan as presented. Mayor Bacon stated a motion has been made and seconded, and that discussion can occur among the elected body. Council Member Smith stated he can only vote on proposals as presented. Council Member McNabb stated the plan as presented at this meeting is the best version he has seen. Council Member McNabb stated the residents of Marston Street can petition the City for installation of speed-breakers on that street to slow down traffic. Council Member McNabb commented on what he believes will be the favorable effect of this development on traffic in the subject area. Council Member Lnenicka commented on the improvements the development proposal under consideration has undergone. Council Member Lnenicka stated he believes the plan as presented meets the objectives of the City's Livable Centers Initiative (LCI) study. Motion was approved 5 - 1, with Council Member Scoggins in opposition and Council Member Smith abstaining. - (B) Public Hearing- Variance Requests V06-023: Reduction of front setback from 35 feet to 11.3 feet; V06-024: Reduction of side setback from 10 feet to 7.2 feet; V06-025: Reduction of rear setback from 30 feet to 18.9 feet - 2582 Argo Drive - General Investments Group, Inc. - Mr. Wright stated the existing residence is dilapidated and does not meet the current R-15 setback standards. Mr. Wright stated these variances were recommended for transmittal to the mayor and council by the License and Variance Board on April 26, 2006 due to public opposition. Mr. Wright stated staff believes the current residence is a public hazard, and that the reduced setbacks will not adversely affect surrounding residents. Mr. Wright stated staff recommends approval of the three requested variances with the following conditions: 1. The building footprint and associated pavement (driveway/patio) shall not exceed 35% (1603 s. f.) ofthe lot area. 2. The residence's minimum livable space shall be 2,000 s. f. 3. The driveway shall be a minimum length of 18' as measured from the front property line to garage face. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Omar Yazbak. Council Member Scoggins stated the existing structure on the subject property is a nuisance. Mr. Yazbak explained that the structure in question can be demolished and removed within about four weeks. At Council Member Lnenicka's request, Mr. Yazbak showed the present officials plans of the new structure proposed for the subject property. Council Member Pritchett asked what type of exterior finish the proposed structure will feature, and Mr. Yazbak stated the house will be finished with fiber- cement siding. - June 19,2006 5 - MOTION: Council Member Scoggins made a motion to approve Variance Requests Y06-023: for reduction offront setback from 35 feet to 11.3 feet; Y06-024: for reduction of side setback from 10 feet to 7.2 feet; and Y06-025: for reduction of rear setback from 30 feet to 18.9 feet at 2582 Argo Drive for General Investments Group, Inc. The motion was seconded by Council Member McNabb. Council Member McNabb stated he withdraws his second ofthis motion so that an amended motion can be made. MOTION: Council Member Scoggins made a motion to approve Variance Requests Y06-023: for reduction offront setback from 35 feet to 11.3 feet; Y06-024: for reduction of side setback from 10 feet to 7.2 feet; and Y06-025: for reduction of rear setback from 30 feet to 18.9 feet at 2582 Argo Drive for General Investments Group, Inc. subject to the following stipulations as prescribed by staff: I. The building footprint and associated pavement (driveway/patio) shall not exceed 35% (1603 s. f.) of the lot area. 2. The residence's minimum livable space shall be 2,000 s. f. 3 The driveway shall be a minimum length of 18' as measured from the front property line to garage face. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (C) Public Hearing - Rezoning Request Z06-027 - R-15 to RAD Conditional - .42 acre tract - Fleming Street - KBH Architects - Mr. Wright stated the applicant is requesting rezoning of the subject tract in order to construct two single-family houses at a density of 4.76 units per acre. Mr. Wright stated PZB and staff recommend approval of the request subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Kemp, and Mr. Kemp provided details to those present concerning his plans for the subject property. Mr. Kemp asked if an alleyway near the property can be deeded to him. Mr. Miller stated there are some utilities in the referenced alleyway, and that it cannot be ceded. Council Member Pritchett asked if it is the City's responsibility to maintain the alleyway, and Mr. Miller answered in the affirmative. Council Member Lnenicka asked Mr. Kemp if he is agreeable to the special conditions and applicable standard conditions of rezoning as stipulated by the City's staff, and Mr. Kemp answered in the affirmative. MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z06-027 from R-15 to RAD Conditional for a .42 acre tract on Fleming Street for KBH Architects subject to the special conditions and applicable standard conditions of rezoning as stipulated by the City's staff. (Clerk's Note: A copy of the conditions of this rezoning are appended hereto as Exhibit B) The motion was seconded by Council Member Wood. Motion was approved 7 - O. (D) Public Hearing - Rezoning Request Z06-028 - R-15 to RAD Conditional- ,534 acre tract - Wright Street - Alliance Resource Management - MOTION: Council Member Scoggins made a motion to table Rezoning Request Z06-028 from R-15 to RAD Conditional for a .534 acre tract on Wright Street for Alliance Resource June 19, 2006 6 Management until the July 5, 2006 council meeting. The motion was seconded by Council Member Wood. Motion to table the measure was approved 7 - O. (E) Public Hearing - Rezoning Request 206-030 - R-15 to RAD Conditional - .512 acre tract - Church Street - Fairbanks Properties, LLC - Mayor Bacon stated this rezoning request has been withdrawn. (F) Public Hearing - Approval of updated zoning map MOTION: Council Member Newcomb made a motion to table approval of updated zoning map until the July 5, 2006 council meeting. The motion was seconded by Council Member Scoggins. Motion to table the measure was approved 7 - O. (G) Public Hearing - Approval of new Mixed Use District MOTION: Council Member Newcomb made a motion to table approval of a new Mixed Use District until the July 17,2006 council meeting. The motion was seconded by Council Member Pritchett. Motion to table the measure was approved 7 - O. PRIVILEGE LICENSE: (A) Public Hearing - Privilege License Request - retail pouring (beer, wine & liquor) - Jim N Nicks Atlanta I, LLC DBA Jim N Nicks Barbeque - 4574 South Cobb Drive - Robert McGurk Mr. Wright stated inquiry by the City police department disclosed no information which would preclude issuance of the requested license. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka recognized Mr. McGurk, and asked Mr. McGurk if he has been furnished with a copy of the City's alcoholic beverage sales regulations, and Mr. McGurk answered in the affirmative. Council Member Lnenicka asked Mr. McGurk if he has read the regulations and ifhe understands them, and Mr. McGurk answered in the affirmative. Council Member Lnenicka advised Mr. McGurk that local authorities conduct undercover inquiries to gage the compliance of local businesses with alcoholic beverage sales regulations. Council Member Lnenicka asked Mr. McGurk to provide details to those present concerning efforts he will make to help make certain that the staff at Jim N Nicks Barbeque (JNB) is properly trained to sell alcoholic beverages in a lawful manner. Mr. McGurk stated JNB has a detailed training program and strict policies for alcoholic beverage sales. Mr. McGurk stated there are video monitors in the store to help monitor compliance of employees with alcoholic beverage sales regulations. Council Member Lnenicka asked Mr. McGurk if he has completed the responsible alcoholic sales and service class as presented by Evindi, Inc., and Mr. McGurk answered in the affirmative. At Council Member Lnenicka's request, Mr. McGurk provided details to those present concerning JNB. Mr. McGurk stated that JNB will employ about 100 people at its Smyrna store. MOTION: Council Member Lnenicka made a motion to approve a privilege license request for retail pouring of beer, wine and liquor for Jim N Nicks Atlanta I, LLC DBA Jim N Nicks Barbeque at 4574 South Cobb Drive for Robert McGurk, agent. The motion was seconded by - June 19,2006 7 Council Member Wood. Motion was approved 7 - O. (B) Public Hearing - Privilege License Request - pawn shop operation - Shlayen, Inc. dba People's Pawn - 4499 South Cobb Drive - Igor Shlayen - Mr. Wright stated inquiry by the City police department disclosed no information which would preclude issuance of the requested license. 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 Lnenicka recognized Mr. Shlayen, and at Council Member Lnenicka's request, Mr. Shlayen provided details to those present concerning the business he plans to operate. Mr. Shlayen stated People's Pawn usually makes loans for jewelry and some electronics and does not deal in firearms or motor vehicles. Council Member Lnenicka asked Mr. Shlayen what he was told by the lessor regarding whether or not the subject location had previously been the site of a pawn operation. Mr. Shlayen indicated it is his understanding that a title loan company had been there before. Council Member Lnenicka asked Mr. Shlayen if he was told that the subject location was a previously approved pawn shop location, and Mr. Shlayen said no. Council Member Lnenicka advised Mr. Shlayen that the subject location was not previously licensed for operation of a pawn shop. Mayor Bacon recognized Mr. Carl Marr (phonetic), and Mr. Marr stated this is not the element he wishes to see in the subject area. Mr. Marr stated he and the members of his HOA are opposed to this privilege license request. - Mayor Bacon recognized Mr. Richard Tyler, residing at 4354 Cooper Oaks Drive, and Mr. Tyler stated he and the members of his HOA are opposed to this privilege license request. Mayor Bacon recognized Ms. Elizabeth Moody (phonetic), residing at 5120 Chadmore Way, and Ms. Moody stated she and the members of her HOA are opposed to this privilege license request. Mayor Bacon recognized Ms. Mary Pitts, and Ms. Pitts stated she and the members of her HOA are opposed to this privilege license request. Mayor Bacon recognized Ms. Mickie Higgins, residing at 21 ] 6 Jarrod Place, and Ms. Higgins asked the council members to deny this privilege license request. Mayor Bacon recognized Ms. Sara Lee Parker, residing at 4121 Daniel Green Trail, and Ms. Parker stated she and the members of her HOA are opposed to this privilege license request. Mayor Bacon recognized Mr. Ziat Salameh, residing at 4817 South Argo Road, and Mr. Salameh expressed concerns about this privilege license request. Mayor Bacon recognized Ms. Helena Breitel (phonetic), and Ms. Breitel expressed concerns about this privilege license request. Mayor Bacon recognized Mr. Barzey, residing] 707 Durley Down Court, and Mr. Barzey asked the council members to deny this privilege license request. - Mayor Bacon recognized Mr. Tom Woodward, residing at ] 751 Point Pleasant, and Mr. June 19, 2006 8 Woodward expressed concerns about this privilege license request. Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes stated she and many of her neighbors are opposed to this privilege license request. - Mayor Bacon recognized Dr. Riana Cart (phonetic), and Dr. Cart expressed concerns about this privilege license request. Mayor Bacon recognized Ms. Valerie Nesbitt, residing at 1652 Harlington Road, and Ms. Nesbitt asked the council members to deny this privilege license request. Council Member Lnenicka asked Mr. Shlayen if he has any response to these comments, and Mr. Shlayen said no. Council Member McNabb stated he was glad to see Mr. Shlayen's pawn shop relocate away from Ward 4. Council Member McNabb stated Titlemax has made improvements to the site previously occupied by Mr. Shlayen's pawnshop. Council Member McNabb provided details to those present concerning his own unfavorable experiences with a pawnshop located near his parents' residence. Council Member McNabb encouraged the council members to deny this privilege license request. MOTION: Council Member Lnenicka made a motion to deny the privilege license request for a pawn shop operation for Shlayen, Inc. dba People's Pawn at 4499 South Cobb Drive Suite I for Igor Shlayen. The motion was seconded by Council Member Wood. Motion to deny the request was approved 7 - O. (C) Public Hearing - Privilege License Request - retail package sales (wine) - Fine Wine Connection - 2690 Cobb Parkway - Christopher Soluri Mr. Wright stated inquiry by the City police department disclosed no information which would preclude issuance of the requested license. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Pritchett recognized Mr. Soluri. Council Member Pritchett asked Mr. Soluri if he has completed the responsible alcoholic sales and service class as presented by Evindi, Inc., and Mr. Soluri answered in the affirmative. Council Member Pritchett asked Mr. Soluri ifhe has been furnished with a copy of the City's alcoholic beverage sales regulations, and Mr. Soluri answered in the affirmative. Council Member Pritchett advised Mr. Soluri that local authorities conduct undercover inquiries to gage the compliance of local businesses with alcoholic beverage sales regulations. Council Member Prichett asked Mr. Soluri to provide details to those present concerning efforts he will make to help make certain that the staff at Fine Wine Connection (FWC) is properly trained to sell alcoholic beverages in a lawful manner. Mr. Soluri stated he will be operating the business himself. Mr. Soluri stated the statistics he obtained from Evindi regarding sales to underage persons are disturbing. Mr. Soluri stated he will require identification from all persons attempting to purchase alcoholic beverages at FWC. MOTION: Council Member Pritchett made a motion to approve the privilege license request for retail package sales of wine for Fine Wine Connection at 2690 Cobb Parkway for Christopher Soluri as agent. The motion was seconded by Council Member McNabb. Mr. Soluri asked for clarification of ordinance section 6-45. Mr. Cochran stated the ordinance has been amended to allow wine-tasting events, and that there is a procedure which can be followed for this. Mr. - June 19, 2006 9 Cochran stated wine-tasting events must be educational functions. Motion was approved 7 -0. - (D) Public Hearing - Privilege License Request - retail pouring (beer, wine & liquor)- Varner Station, Inc. dba Varner Station - 725 Concord Road - Michael Tyrrell Mr. Wright stated inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member McNabb recognized Mr. Tyrrell, and asked Mr. Tyrrell ifhe has been furnished with a copy of the City's alcoholic beverage sales regulations, and Mr. Tyrell answered in the affirmative. Council Member McNabb asked Mr. Tyrrell ifhe has read the regulations and ifhe understands them, and Mr. Tyrrell answered in the affirmative. Council Member McNabb asked Mr. Tyrrell if it is correct that he has completed the responsible alcoholic sales and service class as presented by Evindi, Inc., and Mr. Tyrrell answered in the affirmative. Council Member McNabb asked Mr. Tyrrell if it is correct that he will be the on-site manager at Varner Station (VS) and that this will not be the first time he has managed an establishment of this type, and Mr. Tyrrell answered in the affirmative. At Council Member McNabb's request, Mr. Tyrrell provided details to those present concerning VS. Council Member McNabb asked Mr. Tyrrell to make certain the parking lot at VS is monitored during the late evening hours to prevent people from creating any noise or other disturbance. - MOTION: Council Member McNabb made a motion to approve the privilege license request for retail pouring of beer, wine and liquor for Varner Station, Inc. dba Varner Station at 725 Concord Road for Michael Tyrrell as agent. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. FORMAL BUSINESS: (A) Appointment of member to the License and Variance Board Mr. Wright stated staff recommends appointing Mr. Corey, presently an alternate License and Variance Board (LVB) member, to regular membership. Mr. Wright stated staff recommends appointing Mr. Boyd as an alternate member for the L VB. MOTION: Council Member Wood made a motion to approve appointment of Chris Corey as a regular member of the License and Variance Board. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (B) Appointment of alternate member to the License and Variance Board MOTION: Council Member Wood made a motion to approve appointment of David Boyd as an alternate member of the License and Variance Board. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (C) Public Hearing - Approval of ordinance to amend the zoning ordinance to regulate carnivals, circuses, and similar transient activities in areas zoned General Commercial - Mr. Wright stated the current zoning code allows carnivals and circuses within the city limits, June 19, 2006 10 provided that they occur in areas zoned for General Commercial purposes. Mr. Wright stated the result of this is that carnivals and circuses tend to appear in shopping center parking lots and other areas that were not designed for such activities. Mr. Wright stated staff recommends amending the zoning code to restrict carnivals, circuses, and similar activities to areas where this use is the primary economic use ofthe property. Mr. Wright stated such events will still be permitted within the city, but only in areas where these activities are the principal economic use ofthe property. - Council Member Newcomb stated the effect of this ordinance is that carnivals and similar activities cannot be conducted in places where the principal economic use of the property is something other than carnivals or circuses. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member McNabb thanked Council Member Newcomb and staff for working on what he considers to be a much-needed change in the Zoning Code. MOTION: Council Member Newcomb made a motion to approve the ordinance to amend the zoning ordinance to regulate carnivals, circuses, and similar transient activities in areas zoned General Commercial as provided for in Appendix A, Zoning, Article 4, Section 402 and Appendix A, Zoning, Article 7, Use Provisions, Section 712, GC Commercial District. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (D) Appointment of member to the Cobb County - Marietta Water Authority Mr. Wright stated SB 138 created a position for the City on the Cobb County - Marietta Water Authority with a two year term to commence on August 15,2006 and expiring on August 14, 2008. - MOTION: Council Member Wood made a motion to approve appointment of Mayor A. Max Bacon to a two year term as City of Smyrna representative to the Cobb County - Marietta Water Authority to commence on August 15,2006 and expiring on August 14,2008. The motion was seconded by Council Member Lnenicka. Motion was approved 6 -1, with Council Member Scoggins in opposition. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of June 5, 2006 minutes (B) Approval of council meeting date change from July 3, 2006 to July 5, 2006 (C) Approval to advertise proposed abandonment ofthe right-of-way of Turner Drive This right-of-way of Turner Drive would be abandoned from Oakdale Road northward to its dead end. Turner Drive was shown to be eliminated in the approved zoning plan for the Riverline Hill subdivision. The right-of-way needs to be abandoned and deeded to the developer in order to record the plat. Approval by Mayor and Council to advertise this road abandonment is recommended. - June 19,2006 11 (D) Approval to charge a Convenience Fee for online payment by credit card for Court fines and fees This Convenience Fee is to defray the charge card fees for those who wish to pay online for Court fines and fees. The fee is 2.5% of the fine. - (E) Approval to surplus vehicles and equipment Approval to declare the attached list of property as surplus for disposal through on-line auction, negotiated sale to other government entities and donation is recommended. (F) Approval of contract for engineering services - Cooper Lake Road at the East / West Connector This is an hourly contract not to exceed $26,123 with Stevenson & Palmer Engineering, Inc. This project is for the construction of a right turn lane on southbound Cooper Lake Road at the East / West Connector. The City Engineer and the City's program management firm, Croy-MSE, recommends approval of this contract. (G) Approval of contract for engineering services - Poplar Creek Trail This is an hourly contract not to exceed $33,994.61 with JB Trimble, Inc. This trail will parallel Poplar Creek from Spring Road through the Highland subdivision. The City Engineer and the City's program management firm, Croy-MSE, recommends approval of this contract. (H) Approval of contract for engineering services - Windy Hill Road Median concept design This is an hourly contract not to exceed $23,965 with Moreland Altobelli Associates, Inc. This project is for the initial concept design for Windy Hill Road between Atlanta Road and South Cobb Drive. The City Engineer and the City's program management firm, Croy-MSE, recommends approval of this contract. - (1) Approval of contract for engineering services - Oak Drive improvements This is an hourly contract not to exceed $56,678 with Stevenson & Palmer Engineering, Inc. This project is for sidewalk, curb & gutter, and realigning Oak Drive between South Cobb Drive and Oakdale Road. The City Engineer and the City's program management firm, Croy-MSE, recommends approval ofthis contract. (1) Budget Amendment $27,500 from contingency funds to be transferred to buildings and grounds, repairs and maintenance. This budget amendment is for purchase of replacement carpet at the City Library. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. COMMITTEE REPORTS: - Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those present concerning a recent water main break. Mr. Stokes provided details to those present concerning recent Public Works Department projects and the upcoming holiday sanitation services schedule. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present concerning the upcoming holiday schedule for the Recycling Center. Ms. Kirk provided details June 19, 2006 12 to those present regarding a grant recently received by KSB for plastics recycling, as well as a donation of a chipper-vacuum. Ms. Kirk provided details to those present concerning upcoming Adopt-a-Mile activities. Council Member Newcomb recognized Mr. Chris Miller, and Mr. Miller had no report. - Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present regarding the Courtware Solutions software recently installed in the court services department. Ms. Hiott thanked the city council members for approving acquisition ofthis useful administrative tool. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning upcoming concerts and other City events. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning current use statistics and upcoming programs and events at the City Library. Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present regarding upcoming Parks and Recreation Department programs and events. 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 reported that there has been a good response from employees to the changeover in the City's health insurance plan. Mr. Corey stated some wellness screenings will be scheduled in the near future. Council Member Smith asked Mr. Corey to comment on the response to City postings for openings for public safety positions. Mr. Corey stated that response from entry-level applicants has been good so far, and that some applications from certified applicants are being received as well. Mayor Bacon congratulated Mr. Corey on being appointed as a regular member of the L VB. - Council Member Lnenicka recognized Chief Lanyon, who had no report. Council Member Lnenicka recognized Chief Hook, and Chief Hook provided current statistics to those present regarding City police operations. Council Member Lnenicka expressed condolences to the families and friends of David Littlejohn, Jim Taylor and C. J. Fouts. Council Member Lnenicka thanked the residents of The Palms for meeting with him recently to talk about building and development in their community. Council Member Lnenicka provided details to those present concerning a possible Ward 6 polling location change for the July primary and August runoff. Council Member Lnenicka stated there is construction in progress at Campbell Middle School (CMS) which may necessitate a change in the polling location. Council Member Lnenicka stated he went to the County Elections Board to ask them not to change the polling location. Council Member Lnenicka expressed appreciation to Principal Lynne Hutnik and School Board Representative Curt Johnston for meeting with him to try to determine if an alternative site at CMS can be used as a polling location for the upcoming voting. Council Member Lnenicka stated he will try to provide updated information on this matter at one of the July council meetings. - June 19.2006 13 - Council Member Wood recognized Mr. Boyd, and Mr. Boyd congratulated Michael Hickenbottom for winning the Governmental Financial Officers Association Awardfor Excellence in Presentation for the Fiscal Year 2005 Annual Report. Mr. Boyd congratulated Jack Millet for receiving the Georgia Government Purchasing Association Outstanding Member of the Year Award. Mayor Bacon stated C. J. Fouts recently passed away, and expressed condolences to his family and friends. CITIZENS INPUT: Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin expressed concerns about the resignations of a number of City public safety personnel. Mr. Martin stated he is puzzled by these continued losses. Mr. Martin stated training new personnel is costly, and there should be incentives to retain qualified people. Mr. Martin commented favorably about his experiences with the City's fire and police departments. Mr. Martin stated it is essential to maintain public safety staffing levels, especially when the growth rate in the City is considered. Mayor Bacon recognized Mr. Bob Reiter, residing at 781 Vinings Estates, and Mr. Reiter expressed views about wage compression at the City's police department. Mr. Reiter stated he believes a similar situation will soon develop at the City fire department. Mr. Reiter stated efforts should be made to retain qualified people. - Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry expressed concerns about the resignations of a number of City police officers. Mr. Backry expressed concerns about plans he has heard about to place STEP officers on shifts. Mr. Backry stated STEP officers help stop dangerous drivers and are also highly qualified accident in- vestigators. Mr. Backry expressed concerns about use of fireworks during the upcoming July 4 holiday and possible long response times for complaints regarding fireworks. Mr. Backry stated he believes pay is not the only reason some police officers are leaving their employment with the City. Mr. Backry provided details to those present concerning Smyrna's retirement benefits and those of Cobb County. Mayor Bacon recognized Mr. Mike Kemp, residing at 2620 Highland Avenue, and Mr. Kemp stated the members ofthe Williams Park Neighbors are committed to enhancing the character of their community. Mayor Bacon recognized Mr. Ziat Salameh, and Mr. Salameh thanked the City staff for their work to maintain Chuck Camp Park in good order. Mayor Bacon recognized Mr. Richard Pecha, residing at 2667 Brown Circle, and Mr. Pecha asked that the PZB and DDA meeting schedules be posted on the web site. ADJOURNMENT: With no further business, the meeting was adjourned at 11 :00 p.m. - June 19, 2006 A A. MAX BACON, MAYOR ~--. i ! );/ V I 4i:~J JIMMY D. SMITH, WARD 5 e1L~~ CHARLES PETE WOOD, WARD 7 14 r \."1 '). ., ..' . \... :'i/ . V /, f{V:"k,J I ~ ,.\ . .j (/ Ij,l.( . SUSAN D. HIOTT, CITY CLERK - //~., ~ RON NEWCOMB, WARD 2 MICHAEL McNABB, WARD 4 -- - - June 19,2006 15 Exhibit "A" Z06-0 I 0 Stipulations - Standard Conditions (Requirements # 2, 8, 9, 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. 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. 3. 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. 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 2-year to 1 DO-year storm event. The City Engineer shall approve all plans. - 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 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. 7. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 8. No debris may be buried on any lot or common area. 9. 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". 10. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. - June 19,2006 16 11. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. - 12. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 13. 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 three 4" caliper trees, unless otherwise approved by the City's Arborist. 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. Special Conditions 14. The development shall maintain the following setbacks: Front 15' (from the back of sidewalk) Rear 20' Side 7.5' (15' between buildings) 15. The right-of-way along Highland Avenue shall be increased to 50 feet to match other residential road right-of-ways. Therefore a dedication of 5 feet is required. 16. The developer shall have the option to count existing specimen trees toward the minimum tree density requirements under the following conditions: - · No land disturbance occurs within the Critical Root Zone (CRZ), or; · Land disturbance occurs within the CRZ and a five-year tree bond or letter of credit is provided to City. This bond or letter of credit shall be equal to the replacement cost associated with the specimen tree (with 4" caliper trees), physical tree removal and an inspection by a certified arborist after the final certificate of occupancy is issued and when the bond/letter of credit is requested to be released. 17. All homes on Highland Avenue shall have usable front porches. 18. Where possible rear or side loaded garages will be constructed thought-out the development. If front loaded garages are used, they shall be recessed from the front building line wherever possible. All homes in the subdivision shall be craftsman/bungalow style. 19. Driveway - 22' minimum length from building face to edge of sidewalk. Each unit shall have a two-car garage. 20. No monument sign or entry signage shall be permitted. 21. Overstory trees shall be planted along Highland Avenue at a rate of one tree every thirty-five feet. -- June 19, 2006 17 22. Any tree listed as saved on the tree protection plan shall be protected during construction via hard fencing. The undisturbed buffer shall be delineated using orange cyclone fencing. - 23. Weekly inspections of the construction site shall be conducted by City staff to ensure all tree protection safeguards remain in place. Furthermore, the developer shall post work hours at the subdivision entrance and shall restrict development traffic into the neighborhood via Hawthorne Avenue. 24. A ten-foot landscaped buffer shall be installed along the development's northern boundary (Lots #8 and 9). 25. Building heights shall be limited to a maximum of 35' to the highest point of the roof. 26. Construction traffic coming in on Hawthorne Avenue will be controlled by taking it down Highland Avenue, the new street coming in, and bringing it back out. - - June 19.2006 18 Exhibit "B" Z06-027 Stipulations Standard Conditions (Requirements # 2,3,4,5,8,9,12, and 17 from Section 1201 ofthe 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 2. All utilities within the development shall be underground. 3. 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. 4. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 5. No debris may be buried on any lot or common area. 6. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. - 7. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 8. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 9. 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, unless otherwise approved by the City's Arborist. 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. Special Conditions 10. A 5' wide sidewalk shall be constructed along Grady Street. The sidewalk shall connect to Fleming Street along the unimproved right of way of Grady Street. 11. The developer shall be responsible for any additional right-of-way dedication to maintain a 25' distance from the centerline of Fleming Street. - June 19,2006 19 12. Each residence will be a minimum of 2,500 square feet in area. The elevations and floorplans for the residences shall comply with those included by the applicant in the rezoning package. - 13. The development shall maintain the following setbacks: Lot 1 Front - 12' Rear -12' Exterior Side (Fleming Street) - 20' Interior Side - 5' with 15' between buildings Lot 2 Front - 30' Rear -12' Side - 5' with 15' between buildings - - ORDINANCE No. 2006-14 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING,ARTICLE IV, SECTION 402, DEFINED WORDS AND TERMS, AND APPENDIX A, ZONING, ARTICLE VII, USE PROVISIONS, SECTION 712, GC, GENERAL COMMERCIAL DISTRICT CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION TO REFLECT CHANGES RELATED TO THE REGULATION OF CARNIVALS AND CIRCUSES OF THE CITY OF SMYRNA CODE OF ORDINANCES AND OTHER PROSCRIBED ACTS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning, Article IV, Section 402, Defined Words and Terms, City of Smyrna, Georgia, be amended to read as follows: "(402.12.1) Carnival: An enterprise engaged in the operation of carnival rides subject to regulation by any state or federal agency or department." - "(402.12.2) Carnival Rides: Any mechanical device, subject to regulation by any state or federal agency or department which conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement but excluding coin operated rides on stationary foundations and playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, and moonwalks." "(402.14.1) Circus: A traveling show or entertainment which consists ofa combination of any of the following: clowns, a menagerie, aerial, acrobatic or animal feats, sideshows, or related amusements." That Appendix A, Zoning, Article VII, Use Provisions, Section 712, GC, General Commercial District, City of Smyrna, Georgia, be amended to read as follows: "(712.2) Art shows and special events of community interest for periods not to exceed 14 days, provided that such events be conducted at least 100 feet from any residential district." "(712.12.1) Carnivals, circuses and other similar transient activities, provided that such activities occur in a location where such activities are the principal economic use of the property, are not operated within any road right of way, easement for vehicular access or parking lot, and provided that carnival rides, concessions, and other such activities be conducted at least 250 feet from any residential district." - ORDINANCE No. 2006-14 All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. - Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 19th day of June, 2006. A. Max Bacon, Mayor Attest: - 7 S san D. Hiott, City Clerk City of Smyrna Approved as to form: \1 '~ \~~C~ Scott A. Cochran, City Anorrtey - 2