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11-06-2006 November 6, 2006 November 6,2006 - 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, Acting City Attorney Jeff Tucker, Planner Rusty Martin and representatives ofthe press. Invocation was given by Reverend Tony Powers from Norton Park Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item #8 E (Approval of Memorandum of Understanding between Cobb County and the City of Smyrna) will be removed from the consent agenda and voted separately. MA YOR'S REPORT: Mayor Bacon recognized School Board Representative Curt Johnston, and Mr. Johnston introduced faculty members and students from Campbell Middle School to the assembly. The students conducted this month's character education program for those present. - Council Member Lnenicka read a Proclamation in recognition of Poppy Day to those present. Council Member Lnenicka presented the Proclamation to Sue Johnson and Glenn Crutchfield from the American Legion. Council Member Lnenicka thanked the members of the American Legion for their efforts on behalf of American veterans. Mayor Bacon recognized School Board Representative Curt Johnston, and Mr. Johnston provided details to those present concerning his views on public education. Mr. Johnston asked those present for their support during the election to be conducted tomorrow. LAND ISSUES/ZONING/ANNEXA nON: (A) Public Hearing - Rezoning Request Z06-042 - R-15 to RAD Conditional- .958 acre tract - Fleming Street and Hughes Street - 242 Development, LLC Mayor Bacon recognized Messrs. Drew Johnson and Art Douglas, representing 242 Develop- ment, LLC (242). Mr. Wright stated the applicant proposes redevelopment of the subject property for construction of four single-family residences at a density of 4.17 units per acre with a corresponding land use change to moderate density residential. Mr. Wright stated the Planning and Zoning Board (PZB) and staff recommend approval of the rezoning subject to a number of conditions. Mr. Wright stated the conditions are extensive and include measures for preservation of a specimen white oak tree on the subject property. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. - Mr. Johnson stated he has consulted with City staff regarding this plan and that an agreement November 6.2006 2 has been reached regarding a change in setbacks which will provide 242 with more flexibility in the placement of structures on the subject property. Mr. Johnson stated tree preservation measures on the subject property have been discussed with tree consultants Bartlett Science and he provided details to those present concerning the recommendations ofthese experts. Mr. Johnson commented favorably about the qualifications and experience ofthe tree consulting firm 242 has engaged for this project. Council Member Scoggins stated a concerted effort has been made to spare the specimen white oak on the subject property. - Mayor Bacon recognized Ms. Judi Ingram-Adkins (phonetic), residing at 2630 Hughes Street, and Ms. Ingram-Adkins expressed disappointment about what she considers to be limited responses from the present officials to her communications to them on this matter. Ms. Ingram- Adkins asked the present officials to consider denial ofthis rezoning request. Ms. Ingram-Adkins expressed the view that the density as proposed is too high. Ms. Ingram-Adkins expressed disappointment about comments from some ofthe present officials at the previous meeting which she has interpreted as reluctance to discourage developers from coming to Smyrna. Ms. lngram- Adkins provided details to those present about tree preservation ordinances in other jurisdictions which she believes afford better protection to specimen trees. Ms. Ingram-Adkins stated she would like to see the City of Smyrna consider similar guidelines. Ms. Ingram-Adkins read a poem composed by her son to the present audience. Ms. Ingram-Adkins urged the present officials to consider this matter carefully. Mayor Bacon stated this rezoning request was tabled from the previous meeting to make certain every possibility of reasonable compromise to ensure that proper tree preservation measures are taken in this case could be examined. Mayor Bacon stated it is not the intention of the City's leadership to communicate to anyone that encourage- ment of developers is the basis for any zoning decision. Mayor Bacon thanked Ms. Ingram- Adkins for her interest in this matter. Mayor Bacon recognized Ms. Alice Glover, residing at 1165 Hill Street, and Ms. Glover stated she enjoys the trees on the subject property. Ms. Glover expressed appreciation to the present officials and others involved in this process for the thought and effort which has been put into it. Ms. Glover read an article dated 2004 to those present containing comments attributed to Council Member Lnenicka and information about the City's designation as a tree city. Ms. Glover asked the present officials to consider adoption of an updated tree ordinance to provide better protection to certain specimen trees. - Mayor Bacon recognized Mr. Richard Pecha, residing at 2667 Brown Circle, and Mr. Pecha presented the present officials with a copy of a children's book about trees. Mr. Pecha expressed dissatisfaction about the bell rung at these meetings to signal the expiration ofthe allotted time for comments and asked that he be allowed to speak further if necessary. Mr. Pecha expressed sorrow at the fact that humanity must debate the worth of a tree. Mr. Pecha provided details to those present about trees, tree preservation and loss of trees. Mr. Pecha stated he differs with the present officials, and expressed views about what he considers to be blatant infill and zoning. Mr. Pecha stated he has asked the developers if they would have purchased the subject property if they knew it would not be rezoned, and Mr. Pecha stated the developers said no. Mr. Pecha stated he is offended by the pessimistic position he believes has been put forth that the tree may die in any case. Mr. Pecha expressed views about values and what he believes is important. Mayor Bacon recognized Ms. Joey Hubbard-Young (phonetic), and Ms. Hubbard-Young stated she supports views expressed at this meeting concerning the need for strengthening the City's tree ordinance and the Tree Board. Ms. Hubbard-Young expressed views concerning trees, tree preservation and loss of trees. Ms. Hubbard-Young stated she agrees with views expressed by Mr. Pecha to the effect that the matter under present consideration is about zoning. .... November 6, 2006 3 - Mayor Bacon recognized Ms. Gretchen Munser, residing at 2668 Brown Circle, and Ms. Munser presented a letter to the present officials from Kathleen McGloin, the resident at 2648 Brown Circle, who was unable to attend this meeting. Ms. Munser stated concerns about loss oftree cover in the City are set forth in this letter. Ms. Munser requested an additional stipulation for the rezoning under consideration pertaining to the placement of a garage and other points to prevent any intrusion into the critical root zone (CRZ). Ms. Munser requested an enumeration ofthe stipulations for the rezoning presently under consideration. Council Member Scoggins read a letter to those present from the tree consulting firm whose services 242 has engaged for this project containing information about the resources and expertise of this firm. Council Member Scoggins stated he is satisfied that every reasonable effort has been made to satisfy the concerns of as many people with an interest in this matter as possible. At Council Member Scoggins' request, Mr. Martin read the stipulations of this rezoning request into the record as follows: Standard Conditions (Requirements # 2, 3, 4, 5, 6, 8, 9, 10, 12, 14, 15, 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. 2. 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 of2' shall be provided between the back of curb and sidewalk. - 3. No debris may be buried on any lot or common area. 4. 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. Special Conditions 5. The final plat for the development shall include a right-of-way dedication of 10' along Fleming Street and 10' along Hughes Street per the City Engineer. Setbacks shall be taken from the existing right-of-way. 6. The existing home is to remain on site. 7. Each residence will be a minimum of2,500 square feet in area. 8. The shared driveways shall have a minimum width of 15'. 9. Each residence shall have rear entry garages. - November 6, 2006 4 10. The developer shall create deed covenants for the shared driveways in which the ownership, maintenance, and utilization are the shared responsibility of each homeowner. These covenants must be supplied to the City prior to the issuance of a building permit. - 11. All utilities within the development shall be underground and will not be permitted in the tree save areas of the specimen trees on site. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for this site. 13. All yards and common areas are to be sodded, and landscaped. Irrigate with an automatic irrigation system except within tree-save areas. The automatic irrigation system and sod are not permitted within tree-save areas. A landscape and irrigation plan must be submitted simultaneously to the Department of Community Development. 14. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either three 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. 15. The development shall maintain the following setbacks: Lot I: Front - 20' Rear - 108' Interior Side - 5' (Minimum of 15' between buildings) Exterior Side - 10' - Lot 2: Front - 20' Rear - 45' Side - 5' (Minimum of 15' between buildings) Lot 3: Front - 30' Rear - 20' Interior Side - 5' (Minimum of 15' between buildings) Street Side - 30' Lot 4: Front - 20' Rear - 60' Side - 5' (Minimum of 15' between buildings) 16. A 6' chain link fence shall be installed per the approve tree-save plan. The chain link fencing shall be placed outside the trench used for root pruning. The fencing shall be constructed immediately after root pruning has occurred. 17. All preventative measures must be in place before the issuance of any land disturbance permits. The preventative measures that must be in place include: (I) the cultivation of the soil to a depth of approximately six inched around the stem of the 55" White Oak and -- November 6, 2006 5 - the 44" White Oak on the adjacent property to the east to a distance of 15 feet and selected portions of the root zone to approximately the edge of the canopy using air excavation, (2) Compost and other amendments will be incorporated per the soil analysis report to promote root development and plant health, and (3) Mulch will be applied to the treatment area to a depth of approximately three inches upon the completion of the work. 18. A five-year letter of credit, insurance bond or Insurance policy shall be provided to the City equal to the replacement cost (recompensing inch-for-inch with 4" caliper trees) associated with the specimen tree up to a density of 20 units per acre and to the removal cost ofthe tree to be determined by the Community Development Department. The five- year letter of credit, insurance bond or insurance policy will take affect the day in which a land disturbance permit is issued. After five years, when the letter of credit, insurance bond or insurance policy is requested to be released, an inspection and resistograph test preformed by a Certified Arborist will be performed to assess the tree's vigor or decline. The resistograph will be compared to the resistograph conducted in September of 2006. If the arborist determines the tree to be in good health the letter of credit, insurance bond or insurance policy shall be released. Ifthe arborist determines the tree to be in poor health or in decline, the tree must be removed with use of the letter of credit, insurance bond or insurance policy. The applicant must submit the results ofthe resistograph conducted in September 2006 to the Department of Community Development prior to the issuance of a land disturbance permit. Developer will pay for the five-year tree maintenance plan in advance. 19. The developer shall provide arboricultural services from a certified arborist for a period of five years beginning prior to any type of construction or disturbance on the site. This service shall be provided in an attempt to help maintain the tree in its time of stress and to attempt to save the tree from decline. The maintenance plan submitted to the Department of Community Development on 10/31/2006 by the applicant shall serve as the maintenance required for the subject tree. Proof of Payment and the terms of the agreement of the services provided by the certified arborist must be submitted to the Department of Community Development prior to the issuance of the land disturbance permit. (The maintenance plan is attached to the zoning) - 20. The subject tree shall not be counted towards the density requirement per the City of Smyrna's Tree Ordinance. 21. The City shall waive recompense for the 55" White Oak and the 33" Red Oak located along the southern shared property line. 22. The per unit value of the recompense shall be $785.00 by the recommendation from the City Arborist. This recommendation accounts for the current cost of an installed 4" caliper tree. 23. Any specimen tree on site other than the 55" White Oak in question must be removed if encroachment of the Critical Root Zone (CRZ) is 20% or greater. - Mayor Bacon asked what entity will enforce these stipulations, and Mr. Martin stated the City Community Development Department will monitor compliance with these conditions. Mayor Bacon asked who will monitor compliance with stipulation # 18, and Mr. Martin stated a suitably qualified arborist will attend to it. Mr. Johnson stated 242 will pay for the five-year tree maintenance plan. Council Member Smith expressed concerns about the density ofthe proposed November 6. 2006 6 project and the setbacks as planned. Council Member Scoggins asked Messrs. Johnson and Douglas if the stipulations of rezoning as read, discussed and amended are acceptable, and they answered in the affirmative. - MOTION: Council Member Scoggins made a motion to approve Rezoning Request 206-042 from R- 15 to RAD Conditional for a .958 acre tract in the vicinity of Fleming Street and Hughes Street for 242 Development, LLC. The motion was seconded by Council Member Pritchett. Council Member Lnenicka thanked Messrs. Johnson and Douglas for their cooperation in amending their plans for the subject property to address various concerns. Council Member Lnenicka commended the concerned citizens for their input in this rezoning case. Council Member McNabb thanked Messrs. Johnson and Douglas for their cooperation. Council Member McNabb expressed the view that the specimen white oak on the subject property is a remarkable tree and that the amount of discussion afforded to this rezoning matter is therefore warranted. Council Member McNabb stated property owners also have rights. Council Member McNabb expressed the view that a lack of a minimum lot size standard is a disservice to developers. Council Member McNabb expressed concerns about small, subdivided lots. Council Member Newcomb stated that, under the current zoning ofthe subject property, as many as three houses could be built there with no need to consult City authorities in the matter. Council Member Newcomb stated the plan as presented sets aside a portion ofthe property to remain undisturbed. Council Member Newcomb expressed satisfaction with the manner in which specimen trees will receive protection in this case. Council Member Newcomb stated developers should not be discouraged from coming before the city council to seek development solutions which will result in fewer trees lost. Council Member Newcomb enumerated other positive aspects of this development plan for those present. Mayor Bacon stated efforts must be made to impress on the builder for this project the importance of conforming with the plan and conditions agreed upon at this meeting. Motion was approved 5 - 2, with Council Members McNabb and Smith in opposition. - PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Approval of a Resolution adopting a General Fund Reserve Policy Mr. Wright stated the proposed Resolution is for setting a policy to establish a General Fund Reserve to consist of 10% of revenues. Mr. Wright stated the current policy targets a fund balance of 25% of general fund revenues but includes non-cash items such as receivables. Mr. Wright stated the proposed plan is expected to help ensure that cash will be available for contingencies. Council Member Wood read Resolution #R2006-4 General Fund Reserve Policy to those present. MOTION: Council Member Wood made a motion to approve adoption of Resolution #R2006-4 General Fund Reserve Policy. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (B) Appointment of Parks and Recreation Commission representatives ... November 6, 2006 7 - MOTION: Council Member Smith made a motion to appoint Catherine LaValley as the Ward 5 representative to the Parks and Recreation Commission for the remainder of the term to expire December 31, 2007. The motion was seconded by Council Member Wood. Motion was approved 7 - O. MOTION: Council Member Wood made a motion to appoint Joe Isley as the Mayor's representative to the Parks and Recreation Commission for the remainder of the term to expire December 31,2007. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of October 16,2006 minutes (B) Approval of use of the Council Chambers for a meeting of the Smyrna Market Village HOA on November 16, 2006 from 7:00 p.m. until 10:00 p.m. (C) Authorization for Fire Department Chiefto enter into a mutual aid agreement with Cobb County Fire Department (D) Award of Bid # 7-010 Bids were solicited for storm drainage repairs or replacements on Pinedale Drive. Nine vendors were solicited for bids with five vendors responding. Public Works Staff and Purchasing have reviewed all the bids and recommend award to the lowest bidding vendor on option # 4, D & H Construction for $69,780.00. - MOTION: Council Member Wood made a motion to approve consent agenda items A through D. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (E) Approval of Memorandum of Understanding between Cobb County and the City of Smyrna This agreement is for the use and distribution of proceeds from the 2005 Special Purpose Local Option Sales Tax for Transportation Major Projects. MOTION: Council Member Wood made a motion to approve the Memorandum of Under- standing between Cobb County and the City of Smyrna regarding use and distribution of proceeds from the 2005 Special Purpose Local Option Sales Tax for Transportation Major Projects and to authorize the mayor to sign such agreement. The motion was seconded by Council Member Pritchett. Motion was approved 6 - 1, with Council Member Lnenicka in opposition. COMMITTEE REPORTS: Council Member Pritchett thanked the members ofthe community for taking the time to come express their views on zoning matters. Council Member Pritchett urged everyone to vote tomorrow. - November 6. 2006 8 Council Member Newcomb urged everyone to vote tomorrow and commended Mr. Martin for his work on the zoning case which was heard this evening. Council Member Scoggins commended Mr. Martin for his work on the zoning case which was heard this evening. - Council Member McNabb commented favorably about the natural beauty of the autumn season. Council Member McNabb commended the members of Tillman United Methodist Church on their recent Fall Barbeque and other festivities Council Member Smith urged everyone to vote tomorrow. Council Member Lnenicka urged everyone to vote tomorrow. Council Member Lnenicka reminded those present about Veterans Day, and asked everyone to remember those members of the U. S. Armed Forces from Smyrna who are serving overseas. Council Member Lnenicka stated Kiel Arnson was honored at the recent Smyrna Area Council Meeting as Smyrna Citizen of the Year. Council Member Wood stated citizens should exercise the rights which the members of the U. S. Armed Forces fight to protect by turning out at the polls tomorrow to vote. Mr. Wright provided details to those present concerning efforts to recruit qualified personnel for the City's public safety departments. Mayor Bacon reierated the importance of voting tomorrow. CITIZENS INPUT: - Mayor Bacon recognized Mr. Aaron Harcrow, residing at 3524 Cedar Valley Drive, and Mr. Harcrow expressed views to those present concerning what he believes is the subversion of people's rights by the City. Mr. Harcrow expressed dissatisfaction with Council Member Lnenicka's responses to a subpoena and other communications he sent. Mr. Harcrow stated he sent a letter to several City staff members about a list of addresses he believes may be in violation of the City Code of Ordinances. Mr. Harcrow expressed dissatisfaction with the city marshals' response to date. Mr. Harcrow stated the City Court recently ruled in his favor concerning citations he received for alleged violations of City ordinances. Mr. Harcrow expressed the view that many warnings and citations issued by city marshals may violate Fourth Amendment protections. Mr. Harcrow requested that the city council create a citizens commission to investigate what he believes are violations of citizens' Constitutional rights and liberties. Council Member Lnenicka stated he has not influenced the city solicitor to take any particular actions. Council Member Lnenicka stated he responded to the referenced subpoena and attended court. Council Member Lnenicka stated the solicitor, without his knowledge, prepared a motion for the judge to dismiss him as it appeared the subpoena was nothing more than an effort to confound him. Council Member Lnenicka stated he was dismissed by the judge. Council Member Lnenicka stated he takes issue with Mr. Harcrow's assertion that the city marshals have violated their oaths of office. Council Member Lnenicka stated Mr. Harcrow's opinion as to what constitutes a violation of City ordinances carries no more weight than anyone else's. Council Member Lnenicka stated the city marshals operate independently and on their own initiative. - - - - November 6. 2006 ADJOURNMENT: With no further business, the meeting was adjourned at 9:44 p.m. A. MAX BACON, MAYOR akt?~ t{/~ CHARLES PETE WOOD, WARD 7 ~,j~ (' RON NEWCOMB, WARD 2 WADE S. LNENICKA, WARD 6 9 - Resolution # R2006-4 General Fund Reserve Policy WHEREAS, the Smyrna City Council recognizes the need for a General Fund Reserve to provide emergency and one-time opportunity funds; and WHEREAS, the Smyrna City Council recognizes the need to adopt a policy governing the establishment and use of the General Fund Reserve; NOW THEREFORE, BE IT RESOLVED by Smyrna City Council the below General Fund Reserve Policy be adopted: . Smyrna shall establish a ten percent General Fund Reserve, with the percentage based on total General Fund revenues. . The initial funding will take place over five-years (60 months). The initial deposit will occur January 2007. .... . Initial funding is estimated at $5,000,000, based on projected five-year General Fund revenues. Average fund earnings of five percent require monthly funding of $73,200. . 100% of the fund is for discretionary reserves. Discretionary reserves are for meeting emergencies and unbudgeted opportunities, as approved by Council. . Discretionary reserves must be restored within 36 months of their first use. . Smyrna City Council may revise this policy as necessary. Therefore: Be it resolved that the Mayor and City Council of the City of Smyrna does adopt this General Fund Reserve Policy. IN WITNESS THEREOF, this Resolution has been duly adopted by the governing authority of the City of Smyrna, Georgia on the 6th day of N.::p~~ A. Max Bacon, Mayor ATTEST: ~~{), ~ Susan D. Hiott, City Clerk -