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11-20-2006 November 20, 2006 November 20, 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, Assistant Public Works Director Frank Martin, Library Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Relations Director Jennifer Bennett, Finance Director David Boyd, Planner Rusty Martin, Parks and Recreation Director Steve Ciaccio and representatives of the press. Invocation was given by Mr. Wright, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item #4 A (Public Hearing - Rezoning Request Z06-045 - R-15 to RAD Conditional- 0.878 acre tract - vicinity of Church Street - Fairbanks Properties, LLC) will be tabled until the December 18, 2006 meeting. MAYOR'S REPORT: Mayor Bacon stated that the tax allocation district (TAD) measure proposed for Jonquil Plaza was approved by the County School Board last week. Mayor Bacon provided details to those present concerning redevelopment plans for this location and expressed the view that this redevelopment will have a favorable effect on the community. Mayor Bacon thanked Messrs. Wright, Cochran and Durham for the many hours they labored on this TAD proposal. - LAND ISSUES/ZONINGS/ANNEXA TIONS: (A) Public Hearing - Rezoning Request Z06-045 - 0.878 acre tract - R-15 to RAD Conditional- Church Street near Mann Street - Fairbanks Properties, LLC Mayor Bacon asked if there is anyone present in relation to this matter, and the oath was administered to at least one person by Mr. Cochran. Mr. Wright stated the applicant is requesting rezoning of the subject tract to build five two-story single-family homes at a density of 5.69 units per acre. Mr. Wright stated staff and the Planning and Zoning Board (PZB) recommend approval of the request for four units at a density of 4.56 units per acre with a number of conditions. Mayor Bacon recognized Ms. Jenny Mashburn, residing at 2933 Mann Street, and Ms. Mashburn expressed concern about additional traffic in the subject area which may result from the proposed development. Ms. Mashburn expressed concerns about a retaining wall which is part ofthe development plans. Ms. Mashburn expressed concerns about loss of trees associated with the proposed construction. Ms. Mashburn expressed the view that traffic accidents will occur in the subject area. .... Mayor Bacon recognized Mr. Michael Page, residing at 1100 Stephens Street, and Mr. Page expressed concerns about the proposed density of the planned development. Mr. Page expressed concerns about possible noise disturbance which could be generated by construction in the subject area. Mr. Page expressed concerns about blockage of drains in the subject area. November 20, 2006 2 MOTION: Council Member Scoggins made a motion to table Rezoning Request Z06-045 for a 0.878 acre tract from R-15 to RAD Conditional at Church Street near Mann Street for Fairbanks Properties, LLC until the December 18,2006 meeting. The motion was seconded by Council Member McNabb. Motion to table the measure was approved 7 - O. - (B) Public Hearing - Rezoning Request Z06-048 - 1.62 acre tract - OD to NS Conditional - Hawthorne Avenue and Roswell Street - Christopher and Yvonne Ogbuefi Mr. Wright stated the applicant is seeking approval to rezone a 1.62 acre property from OD to NS Conditional to construct a 15,960 sf. retail center. Mr. Wright stated the retail center plans call for six retail stores, one food store, and two restaurants. Mr. Wright stated staff and PZB recommend approval of the request subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons. Council Member Scoggins recognized Mr. Johnny Wilson and Mr. and Mrs. Ogbuefi. Mrs. Ogbuefi provided details to those present concerning their business background and plans for the subject property. Mr. Wilson stated Mr. and Mrs. Ogbuefi have agreed to give up a potentially lucrative billboard on the subject property. Mr. Wilson expressed concerns about the list of proscribed businesses proposed as a condition of rezoning. Mr. Wilson expressed the view that the stipulation requiring ten additional trees is not feasible. Mr. Wilson expressed concerns about a stipulation prohibiting twenty-four hour business operations, and pointed out a particular local business which is open at all hours. Utilizing a graphic representation, Mr. Ogbuefi provided details to those present concerning the plans for the subject property. Mr. Wilson stated elimination of some parking spots as proposed could negatively affect retail tenants. Mr. Hildebrandt stated the elimination of two parking spots in the front of the planned facility is necessitated by traffic safety concerns. Council Member Pritchett expressed concerns about the fact that the applicant relinquished parking spaces to relocate the building forward at the City's direction and is now being asked to forfeit additional parking. Mr. Wright pointed out that questions of this type frequently arise during the plan review process. Council Member Smith suggested that all fourteen parking spaces on the street should be removed because of traffic safety concerns, Mr. Wright stated the applicant has been cooperative about changing the plan to conform more closely with the goals of the LCI study. Mr. Wright pointed out that there are a considerable number of townhouses being built near the subject property and that staff believes it is very important that the proposed retail facility be built in a manner which facilitates pedestrian access, Mr. Wright provided an explanation as to why some on-street parking may be desirable for the planned facility. Council Member McNabb commented on the importance of planning new development while bearing in mind the ideas set forth in the LCI plan. Council Member McNabb stated that parallel parking is commonly found almost everywhere vehicles park. - Mayor Bacon recognized Ms. Betty Williams, residing at 1986 Turpin Road, and Ms. Williams expressed support for the proposed retail development. Mayor Bacon recognized Ms. Angel Mays, residing at 2583 Davenport Street, and Ms. Mays expressed support for the proposed retail development. Mayor Bacon recognized Mr. Phillip King, and Mr. King expressed support for the proposed retail development. ... November 20, 2006 ,., .) Mayor Bacon recognized Mr. Bobby Cooper, residing at 1890 Turpin Road, and Mr. Cooper expressed support for the proposed retail development. - Mayor Bacon recognized Mr. William Stefano, residing at 1606 Walker Street, and Mr. Stefano expressed support for the proposed retail development. Mr. Stefano expressed concerns about traffic safety in the subject area. At Council Member Scoggins' request, Mr. Martin read the conditions of the rezoning into the record as follows: Standard Conditions (Requirements #1,2,3,4,5,8,9,12,16 and 17 from Section 1201 of the Zoning Code are not applicable) 1. All utilities within the development shall be underground. 2. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 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. - 5. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 6. All open space and common areas are to be sodded, and landscaped. Irrigate as appropriate. Special Conditions 7. The retention pond shall be placed and screened appropriately to be unobtrusive inside and outside the development. The storm water retention plan shall be designed to create at least a 20% reduction in a 2-year to 100-year storm event. The City Engineer shall approve all plans. 8. A ten-foot wide sidewalk shall be constructed along Roswell Street and Hawthorne Avenue. 9. A ten-foot landscape buffer shall be provided and maintained along the eastern property line. 10. Any proposed dumpsters shall be surrounded by a three-sided brick enclosure with an opaque gate in the front. The brick shall match the color and material used for the commercial buildings. 11. The commercial buildings shall utilize four-sided brick or stone elevations which generally match the elevations presented during the November 13, 2006 Planning and Zoning Board Meeting. 12. The applicant shall incorporate windows or shadowboxes (false windows or interior display areas) along the northern and eastern fac;ade of the food store. ... November 20, 2006 4 13. No neon or flashing signs shall be permitted. All freestanding signs shall be monument style. 14. The applicant shall remove the existing billboard on site within 90 days of the approval of the rezonmg. - 15. The proposed development shall have the following setbacks: Front - 0' Side - 30' Street Side - 0' Rear - 0' 16. The following uses shall be prohibited in the proposed shopping center: . Automotive sales/repair . Automobile wash service . Boat sales and repairs . Boarding and breeding kennels . Dry cleaning plants . Farm equipment sales and service . Lumber, hardware and other building material establishments . Mobile home and travel trailer sales . Motorcycle sales and service . Pawnshops . Adult novelty stores . Package stores . Service stations . Stations and terminals for bus and rail passenger service . Taxi stands . Theaters . Tattoo Parlor . Arcade and video game parlors . Massage Parlor . Pool Hall . Check Cashing Store ..... 17. The construction of the project shall be based on the site plan submitted with the zoning application dated October 6. 2006. Any significant changes to the site plan will require approval by the mayor and council. 18. In the event traffic any safety hazard associated with parallel parking in the front of the facility are subsequently identified by the city engineer the applicant shall remove parallel parking spaces 1 and 2 on the site plan dated October 6, 2006. The applicant shall make modifications to the site plan dated October 6, 2006 to address all stipulations listed above. These modifications shall be completed prior to the plan review process. .... November 20. 2006 5 - Mr. Wilson objected to the prohibition against massage establishments and some other types of businesses as a stipulation of this rezoning request. Mr. Martin stated the list of proscribed businesses includes types which staff believes are incompatible with the upscale retail center proposed. Council Members Pritchett, Newcomb and Lnenicka stated they will not support the rezoning with any alteration to the prohibited list of businesses. MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z06-048 for a 1.62 acre tract from OD to NS Conditional at Hawthorne Avenue and Roswell Street for Christopher and Yvonne Ogbuefi subject to the stipulations discussed at this meeting. The motion was seconded by Council Member McNabb. Council Member Smith reiterated concerns about possible traffic safety problems in the subject area and stated he will not support the motion. Motion was approved 6 - I, with Council Member Smith in opposition. (C) Annexation Request (100% of owners requesting annexation) - .9932 acre tract - Land Lot 881, I ill District, 2nd Section, Cobb County - 2875 Spring Hill Parkway - Antonio Dozier Mr. Wright stated the submitted legal description of the subject property has been reviewed by the City Engineer and was found to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Pritchett made a motion to approve annexation of a .9932 acre tract in Land Lot 881, 1 ill District, 2nd Section, Cobb County at 2875 Spring Hill Parkway for Antonio Dozier to become a part of Ward 1 with an effective date of December 1,2006. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. - (D) Annexation Request (100% of owners requesting annexation) - .2043 acre tract - Land Lot 632, Parcel 84, 1 ill District, 2nd Section, Cobb County - 2801 Madison Street - Steve and Ana Pacholick Mr. Wright stated the submitted legal description ofthe subject property has been reviewed by the City Engineer and was found to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to approve annexation ofa .2043 acre tract in Land Lot 632, Parcel 84, 1 ill District, 2nd Section, Cobb County at 280 I Madison Street for Steve and Ana Pacholick to become a part of Ward 3 with an effective date of December 1,2006. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Appointment of Ward 4 representative to the Planning and Zoning Board - Council Member McNabb stated Mr. Frank Pologruto, residing at 1060 Medlin Street, has expressed interest in serving on the PZB. November 20, 2006 6 MOTION: Council Member McNabb made a motion to appoint Mr. Frank Pologruto as the Ward 4 representative to the Planning and Zoning Board to complete the current term expiring at the present year's end and for a new term to expire December 31, 2008, The motion was seconded by Council Member Smith. Motion was approved 7 - 0, - COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of November 6,2006 minutes (B) Approval to purchase Mcci (MuniAgenda) Software, 10 laptop computers, server, and required training, and authorize Mayor to sign and execute contract with MCCi. After considering various vendor presentations and user references, the available additional module capabilities for future growth, and price, the City Clerk and Information System Manager recommend the purchase of software from MCCi, a division of Municipal Code Corporation (MCC), with the MuniAgenda software, MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Martin, and Mr. Martin provided details to those present concerning the Public Works Department service schedule during the upcoming holiday. - Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present concerning the Recycling Center schedule during the upcoming holiday. Ms. Kirk expressed appreciation to the IBM volunteers for their recent beautification activities in the City. Ms. Kirk provided details to those present concerning the recent tree program presented by Joe Burgess. Council Member Pritchett wished everyone a Happy Thanksgiving. Council Member Newcomb recognized Messrs. Martin and Hildebrandt, who had no report. Council Member Newcomb wished everyone a Happy Thanksgiving. Council Member Newcomb expressed condolences to the family of the late Ouida O'Shields. Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott thanked the present officials for approving acquisition of the MuniAgenda software, and provided details to those present regarding the advantages which will be realized by staff and citizens alike as a result of utilizing this technology. Ms. Hiott reminded everyone that traffic fines may now be paid online. Council Member Scoggins thanked the staff members whose efforts helped make rezoning and redevelopment ofthe Hawthorne Avenue property possible. Council Member Scoggins wished everyone a Happy Thanksgiving. Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present concerning various upcoming holiday activities in the City. ... November 20, 2006 7 Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning the upcoming City New Year's Eve celebration. - Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning circulation and upcoming programs and events at the City Library. Council Member McNabb stated he frequently hears favorable comments about the City's staff, and thanked them for their efforts. Council Member McNabb wished everyone a Happy Thanksgiving. Council Member Smith recognized Mr. Corey, who provided details to those present concerning positions for which the City is presently recruiting. Mr. Corey provided details to those present regarding the employees' Thanksgiving dinner and open enrollment season for benefits. Council Member Smith stated when he is opposed to a proposal, he is voting for the citizens rather than against the city council. Council Member Smith wished everyone a Happy Thanksgiving. Council Member Lnenicka recognized Chief Lanyon, who had no report. Council Member Lnenicka recognized Chief Hook, who provided details to those present concerning recent City police operations and staffing levels. - Council Member Lnenicka thanked the County School Board for approving the TAD measure proposed for Jonquil Plaza. Council Member Lnenicka stated this redevelopment has taken many years to accomplish and will have a positive impact on the community. Council Member Lnenicka stated the council will continue to work towards redevelopment of other areas of the City. Council Member Lnenicka stated Lieutenant General Russell Honore will be in town Wednesday to speak to several civic organizations and visit the Veterans Memorial. Council Member Lnenicka thanked the members of First United Methodist Church in Smyrna for recently hosting a show titled Never Forget - A Patriotic Celebration. Council Member Lnenicka wished everyone a Happy Thanksgiving. Council Member Wood recognized Mr. Boyd, and Mr. Boyd stated the Government Finance Officers Association recently presented a Distinguished Budget Presentation Award to the City of Smyrna for the 2006 fiscal year budget. Mr. Boyd provided details to those present regarding the criteria which must be met to qualify a local government for this award. Mr. Boyd commended Greg Van Antwerp, Jennifer Bennett, Wayne Wright and the present officials for the efforts which made receipt of this award possible. Council Member Wood thanked Mr. Boyd and Mr. Van Antwerp for their efforts on behalf ofthe City. Council Member Wood expressed appreciation to the members of the U. S. Armed Services for protecting the freedom we all enjoy. CITIZENS INPUT: - Mayor Bacon recognized Dr. Doug Hoffmann, residing at 222] Austin Lake Drive, and Dr. Hoffmann stated he believes a walking signal is needed at the intersection of South Cobb Drive and Cooper Lake Road. Dr. Hoffmann stated there have been instances when construction crews November 20. 2006 8 in the vicinity of South Sherwood Road have not complied with City ordinances regarding hours of construction. Dr. Hoffmann stated the builder for a project in the referenced area has failed to conform with a zoning stipulation requiring installation of a double-sided fence. Mayor Bacon recognized Ms. Mary Kirkendoll, residing at 194 Church Road, and Ms. Kirkendoll expressed the view that Mr. Freeman is not building a development near her residence in conformity with artist's renderings shown during the rezoning process. Ms. Kirkendoll stated she is excited about plans for a charter school planned for the community, but expressed concerns about potential traffic congestion which could be generated by the new school. Ms. Kirkendoll suggested construction of a median near Hawthorne A venue. Mayor Bacon wished everyone a Happy Thanksgiving. Mayor Bacon thanked Mr. Martin for taking the initiative in various zoning matters while the City is searching for a new director for the Community Development Department. Mayor Bacon stated he is gratified to see plans for redevelopment in the Hawthorne A venue area. ADJOURNMENT: - With no further business, the meeting was adjourned at 9:59 p.m. A. MAX BACON, MAYOR ~(!Wd~~J~ / . ELLi, V; - CHETT, W AID 1 RON NEWCOMB, WARD 2 f ,< ~~)/~r~M BILL SC GGINS, W~ 3 {!~& ~ CHARLES PETE WOOD, WARD 7 - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 881 Acres .9932 2006-22 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on November 20,2006 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests ofthe property owners ofthe area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. Novemb~?, ~:O~AlNED by the City Council Oft/~ r A. Max Bacon, Mayor CJ8ui!Wl fJ. y/;$y gusan D. Hiott~ City Clerk City of Smyrna - ---'~-... - Ordinance #2006-22 Exhibit "A" ALL THAT TRACT or parcel of land lying and being in Land lots 880 and 881 of the 17th District, 2nd Section, Cobb County, Georgia records, being more particularly described as follows: BEGINNING at an iron pin found on the northeasterly right-of-way of Springhill Parkway (a variable right-oF-way) 190.00 feet northwesterly of the northwesterly right-oF-way oflnterstate 285 and thence proceeding northwesterly along said northeasterly right-of-way of Springhill Parkway North 71 degrees 40 minutes 28 seconds West a distance of208.75 Feet to a point; thence leaving said right-of-way of Springhill Parkway and proceeding North 19 degrees 03 minutes 51 seconds East a distance of208.75 feet to an iron pin found; thence proceeding South 71 degrees 00 minutes 00 seconds East a distance of208.63 feet to an iron pin found; thence proceeding South 19 degrees 02 minutes 08 seconds West a distance of206.29 Feet to an iron pin found and the TRUE POINT OF BEGINNING, being improved property and containing 0.99 acres, more or less, - - , ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 632 Acres .2043 2006-23 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent ofthe land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on November 20, 2006 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests ofthe property owners ofthe area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map ofthe City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council ofthe City of Smyrna, this November, 2006 ~ A. Max Bacon, Mayor day of S an D. Hiott, City Clerk City of Smyrna - ,; .;L._.-----z S~ott A. Cochran, 1 City of Smyrna -----.---- Ordinance #2006-23 Exhibit "A" - All that certain property situated and being in Land Lot 632 ofthe 1 ih District and 2nd Section of Cobb County, Georgia, being Parcel 84, and more particularly described as follows: BEGINNING at the intersection ofthe northern right-of-way of Spring Street with the eastern right-of-way of Madison Street; thence northwesterly along said right-of-way of Madison Street a distance of245 feet more or less to a point, said point being the POINT OF BEGINNING; thence continuing northwesterly along the eastern right-of-way of Madison Street a distance of 70 feet to a point; thence northeasterly a distance of 120 feet to a point; thence easterly a distance of 190 feet to a point on the eastern lot line of Land Lot 632; thence southwesterly a distance of 270 feet to the POINT OF BEGINNING. - -