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September 3, 2002 Council Meeting September 3,2002 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was culled 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, Community Development Director Chris Miller, and representatives of the press. Invocation was given by Pastor Chuck Moon of Tillman United Methodist Church, followed by the pledge to the flag. '- CITIZENS INPUT: Mayor Bacon recognized Ms. Carrie Harris, who discussed her candidacy for State Court Judge and asked those present for their support. Mayor Bacon recognized Ms. Rose Cundy, residing at 2499 Rolling View Drive, who discussed problems at her residence with sewage. Mayor Bacon recognized Mr. Terry Johnson, who discussed his candidacy for State Senate and asked those present for their support. MAYOR'S REPORT: Mayor Bacon stated he would make comments toward the end of the meeting. CITIZENS INPUT/SPECIAL RECOGNITION: Mayor Bacon recognized Mr. Curt Johnston, who introduced Principal Connie Carter ofNickajack Elementary School to those present. Mayor Bacon recognized Principal Carter and students from Nickajack Elementary School, who presented the character theme words for the month of September. .... PUBLIC HEARINGS: (A) Variance Request - Atlanta Road and Spring Road - Increase 111 Allowable Wall Sign Area - Advance Auto Parts Mr. Wright stated the request is for an increase in the size of signage allowed. Mr. Wright stated the Zoning Code limits the size of wall-mounted signs in the subject area to 45 square feet. Mr. Wright stated the request is to allow a sign 92.82 square feet in size. Mr. Wright stated the applicant has agreed to replace an existing pole sign with a monument sign that conforms to the City's Overlay District requirements. Mr. Wright stated that staff supports the requested variance with several stipulations. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. .... Council Member Scoggins recognized Mr. Kevin Booker, representing the sign contractor for Advance Auto Parts (AAP). Council Member Scoggins stated there were some questions regarding two lights at the rear of the subject property. Council Member Scoggins stated the proposed sign color is identified as pms 188 burgundy. Mr. Miller stated the proposed monument sign will also be a burgundy color instead of bright red. Mayor Bacon stated questions exist about some lights on the property and some trees that were cut down on the site in error. Mr. Booker stated that some restorative landscaping plans are in place for the subject location. Council Member Hawkins stated some miscommunication seems to have occurred because the principals of AAP started major renovations at the subject location without first checking to determine if the plans conform to City regulations. Council Member Hawkins asked if 36" letters are planned for the sign, and Mr. Booker stated the letter size has been reduced to 30." Council Member Hawkins asked what size sign would be needed to accommodate 30" letters, and Mr. Booker stated the' letters will be attached to a wall of the building. Council Member Hawkins asked what material the letters are made of, and Mr. Booker stated they are made of metal and other materials, and are similar to letters seen at CYS stores. Council Member Hawkins asked if CYS letters are 14" in size, and Mr. Booker stated he does not know. Council Member Hawkins asked if it would be possible to reduce the letters to 18" in size and have two signs, i.e., one facing Atlanta Road and another facing Spring Road. Mr. Booker stated AAP management normally uses 48" letters in their signs and have agreed to a reduction to 30." Council Member Hawkins stated that dual signs could be more effective advertising for AAP. Council Member Hawkins stated that 30" letters September 3, 2002 2 are considerably larger than any other sign letters seen in the subject vicinity. Mr. Booker stated that 27" letters and one sign might be considered as a compromise. Mr. Booker stated that use of 27" letters would result in a sign area of approximately 75.22 square feet. Council Member Lnenicka asked Mr. Booker if a light bar normally used along the roof line near the wall sign will be omitted at the subject location, and Mr. Booker answered in the affirmative. Council Member Lnenicka asked Mr. Booker what the height of the monument sign will be, and Mr. Booker answered 7'. Council Membcr Lncnicka askcd Mr. Booker wherc the monument sign will be located, and Mr. Booker statcd it will bc placed where the existing sign is, perpendicular to Atlanta Road. Council Member Lnenicka stated two signs with smaller letters might be aesthetically better and more visible overall. Council Member Lnenicka stated he is concerned about setting a precedent for 27" or 30" sign letters. Mr. Booker stated 24" letters and a 60 square foot sign area with a 32' monumcnt sign might be acceptable and aesthetically pleasing to all conccrned. Council Mcmbcr Lncnicka askcd Mr. Booker if 18" Icttcrs might be acceptable, and Mr. Booker stated that 24" letters are commonly used for signs. Council Member Hawkins stated he would consider 24" letters and a second monument sign on Spring Road acceptable. Council Member Lnenicka asked Mr. Booker if it would be possible to reduce the size of the monument sign on Atlanta Road. Mr. Booker stated the proposed monument sign configuration is not large, but that somc minor altcrations to its form may be possible. Council Mcmber Lnenicka asked Mr. Bookcr i fit would be possible to have a 3' x 6' monument sign on each side. Council Member Scoggins asked Mr. Miller to rcad the following stipulations to those prcsent: .. 1. The wall sign will utilize individual channel letters mounted on the building face without the proposed red background. The maximum sign area permitted on Atlanta Road will be 59.4 square feet with letters 24" in height. 2. The existing pole sign along Atlanta Road will be replaced with a new monument sign along Atlanta Road in conformance with the City's ovcrlay district standards. The monument sign will have a pedestal base with a textured sand finish. A sccond monumcnt sign with a pcdcstal base with a textured sand finish shall be permitted along Spring Road. This sign shall have a maximum area of 18 square feet and a maximum height of 5'. 3. The applicant will work with City staff to utilize muted colors in conjunction with the proposed wall and monument signage. 4. Thc trecs which wcre rcmovcd along Atlanta Road and Spring Road arc to be replaced with a species drawn from the Urban Design Standards. The replacement trees shall be provided at a rate of one tree per every thirty-five linear feet of roadway frontage along both Atlanta and Springs Roads with a continuous row of shrubs planted between the trees. The caliper for the replacement trees shall be between 4" and 6". -- 5. A landscape area containing Jonquils and other flowering plants shall be provided within the corner of the property bounded by Spring and Atlanta Roads. 6. All landscaping shall be installed before the City issues a permit for the proposed signage. 7. The property owner, or its successor(s), shall be required to properly maintain all landscape areas including any necessary pruning and replanting of the trees, shrubs and flowering plants. Council Member Scoggins asked Mr. Booker if24" sign letters are the agreed upon letter size, and Mr. Booker answered in the affirmative. Council Member Scoggins asked Mr. Booker if the Monument sign on Spring Road will be 3' x 6' in size, and Mr. Booker answered that they will have an overall height of 5 feet. Council Member Lnenicka asked what size trees will be replanted on the subject property, and Mr. Miller stated caliper size of 4 to 6 inches has been specified. MOTION: Council Member Scoggins made a motion, to include the stipulations read by Mr. Miller, for approval of a variance request for an increase in allowable wall sign area for Advance Auto Parts at Atlanta Road and Spring Road. Council Member Scoggins stated the wall sign will be 59.4 square feet in size, the existing pole sign will be removed, and the monument sign on Atlanta Road will be 32 square feet, and the monument sign on Spring Road will be 18 square feet and not to exceed 5 feet in height. Council Member Scoggins stated the wall sign letters will be no larger than 24" in size. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - (B) Variance Request - 5037 Duxford Drive - Reduction in Front Yard Setback - Ryland Homes Mr. Wright stated that when the Woodland Gate subdivision was zoned, a requirement for a 15' front yard setback was stipulated. Mr. Wright stated the applicant is requesting a variance to allow .. ... .... September 3, 2002 3 a 10.9' front yard setback. Mr. Wright stated that staff supports the request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Jim Jaeger, representing Ryland Homes (RH). Mr. Jaeger stated the configuration of the subject lot makes it difficult to find a house plan that will fit exactly on it. MOTION: Council Member Wood made a motion to approve a variance request for a reduction in front yard setback from 15' to 10.9' for Ryland Homes at 5037 Duxford Drive. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (C) Rezoning Request - 36.6 Acre Tract in Land Lots 55, 56, 613 and 684 - Cobb County R- 20 (SFR) and RM-8 (MFR) and City of Smyrna R-] 5 (SFR) to TD-Conditional (Townhouse Development) - Eagle Real Estate Advisors Mr. Wright stated the proposed development is for 183 townhomes with a density of 5.0 units per acre. Mr. Wright stated that rezoning had been approved by Cobb County for a portion of the property to be Ilsed for thc developmcnt in 2001 whcn it was realizcd somc of the earmarked land was actually in the City. Mr. Wright stated that an application has been submitted for annexation of the subject property, and the rezoning application submitted to the County has been withdrawn. Mr. Wright stated the Planning and Zoning Board (PZB) has approved this rezoning request, and that it is also supported by staff with certain stipulations. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. At Mayor Bacon's request, Mr. Cochran explained that attorneys are not required to be sworn in because they present their client's position at a hearing. Council Member Wood recognized Mr. Joel Larkin, an attorney representing Eagle Real Estate Advisors (EREA). Mr. Larkin stated his client wishes to rezone and annex 36.6 acres of property for a townhouse development. Mr. Larkin stated that his client would like the requirement for all units to have two-car garages set forth in City stipulation #3 to be amended to allow up to 60% of the units to be one-car garages with a minimum of 40% of the units to have two-car garages. Mr. Larkin stated he is concerned about stipulation #] 6, wh ich states that homeowners association (HOA) documents shall prohibit the use of any unit in the development for rental purposes. Mr. Larkin expressed the view that stipulation #16, as it is currently written, exceeds the limits of what would be legally enforceable, and that some changes may need to be made to this stipulation. Mr. Larkin stated there are plans for 47% of the subject property to be set aside as open greenspace, and that some of this open area will be connected to Nickajack Park. Council Member Wood asked Mr. Cochran to commcnt on thc reservations expressed by Mr. Larkin regarding stipulation # 16. Mr. Cochran stated that restrictions on rentals, if set forth as a condition of zoning, should be enforceable. Council Member Wood stated that stipulation #16 will remain in place, and Mr. Larkin stated he is not requesting a withdrawal of that stipulation. Mayor Bacon recognized Mr. AI Nash, representing EREA, who stated that, under certain circumstances, one-car garages are better than two-car versions. Council Member Hawkins asked what the selling price of the proposed townhouses will be, and Mr. Nash stated they will be over $200,000. Council Member Cramer asked if the one-car garage version of the townhouse would be smaller than the ] 800 square feet initially proposed, and Mr. Nash stated the size of the garage will not affect the size of the townhouses themselves. Council Member Lnenicka stated that the request to change the plan to include many units with one-car garage versions is a significant alteration to the original plan and probably should be sent back before the PZB for further review. Mr. Larkin stated the reduction in garage size will not affect the minimum of 1800 square feet of heated space specified for each unit. Council Member Pritchett asked how many square feet of heat~d space will be in the largest units, and Mr. Nash stated some end units could be as large as 3,000 to 3200 square feet with an average size closer to 2200 to 2300 square feet. Mr. Nash stated the proposed mix of garage sizes could provide some flexibility to accommodate bonus rooms or other features to address market needs. Mayor Bacon expressed concerns about the possibility that the proposed reduction in garage space could create parking problems in the subject area. Mayor Bacon asked Mr. Nash if a prohibition of parking on the street in the subject area would be problematic, and Mr. Nash stated he does not think so. Council Member Lnenicka referred to the minutes of the PZB on August 12, 2002, and read a passage that states Mr. Sams, representing EREA, agreed with all the stipulations set forth by the City. Mr. Larkin stated that when the conditions were reviewed, it was understood that each unit will have a parking place for two cars. Mr. Larkin also stated that a builder has been found who will build the proposed structures, and this builder has expressed concerns about the requirement for all the units to have two-car garages. Council Member Lnenicka stated the stipulations, as presented to the PZB, specify "two garage parking September 3, 2002 4 spaces" for each unit. Council Member Lnenicka stated he has been in contact with Mr. Sams by electronic mail to discuss concerns relating to aesthetics, safety and other matters pertaining to the subject location. Council Member Wood acknowledged he did briefly discuss the proposed change with Mr. Sams by telephone on August 29, and stated it was also briefly mentioned at an agenda meeting on that same date. Council Member Wood stated he advised Mr. Sams that there are real concerns about the high percentage of one-car garages that is being proposed. Mayor Bacon recognized Ms. Roberta Cook, residing in the vicinity of the subject area, who stated' she likes the proposal by EREA to preserve greenspace in the proposed development. Ms. Cook stated she would like to see the City accept any land offered as additional greenspace. Council Member Wood made rclcrence to City stipulation #7, which contains provisions for establishment of a recreation easement in the open space portion of the site. Council Member Wood expressed the view that this stipulation should protect the property. Ms. Cook stated that ownership of land is what seems to determine its final disposition. Council Member Hawkins stated he has no objections to property being titled to the City, but he would have to have more details regarding stipulations before agreeing to any specific proposal. .. Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, who expressed concern about condominium units being used as rental property in the subject area. Ms. Barnes asked about the proposed orientation of buildings on the subject property. Mr. Miller stated that only two of the planned buildings are close to Oakdale Road, and that both of these are angled with open space between them. Ms. Barnes stated that if the developer is allowed to build units with one-car garages, parking problems are likely to occur. Mayor Bacon stated that tabling this rezoning request will provide time to evaluate any offer of land donation to the City 1'1'0111 the developer. Mr. Miller pointed out that inclusion of additional land in the plan could affect density, and that other issues relating to such a proposal will have to be studied further. Council Member Wood asked Mr. Miller if two-car garages are essential, and Mr. Miller stated they are preferable. MOTION: Council Member Wood made a motion to table the rezoning request for a 36.6 acre tract in Land Lots 55, 56, 613 and 684 from Cobb County R- 20 (SFR) and RM-8 (MFR) and City of Smyrna R-15 (SrR) to TD-Conditional (Townhouse Development) for Eagle Real Estate Advisors until the October 7, 2002 Council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. ... (D) Land Use Change Request - 36.6 Acre Tract in Land Lots 55, 56, 613 and 684 -Low Density Residential to Medium Density Residential - Eagle Real Estate Advisors Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to table the land use change request for a 36.6 acre tract in Land Lots 55, 56, 613 and 684 from Low Density Residential to Medium Density Residential for Eagle Real Estate Advisors until the October 7, 2002 Council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (E) Approval of Application for Annexation - 24.450 Acre Tract - Land Lot 613, I ih District, 2nd Section, Cobb County, Georgia, Oakdale Road - Kevin Mendelsohn MOTION: Council Member Wood made a motion to table the annexation request for a 24.450 acre tract in Land Lot 613, 17th District, Cobb County, Georgia, Oakdale Road for Kevin Mendelsohn until the October 7, 2002 Council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (F) Approval of Application for Annexation - 6.0 Acre Tract - Land Lot 55, 18th District, 2nd Section, Cobb County, Georgia, Oakdale Road - Thelma Merck MOTION: Council Member Hawkins made a motion to table the annexation request for a 6.0 acre tract in Land Lot 55, 18th District, Cobb County, Georgia, Oakdale Road for Thelma Merck until the October 7, 2002 Council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. - (G) Rezoning Request - 2.732 Acre Tract in Land Lot 687 - R-15 (SrR) to 00 (Office Distribution) - Ernie Geyer Mr. Wright stated the development proposal calls for construction of a 27,300 square foot office building on the west side of Oakdale Road. Mr. Wright stated PZB has approved the request, and September 3, 2002 5 that staff supports rezoning the subject property to OD Conditional to make the zoning consistent with the site plan. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Ernie Geyer, the property owner and developer, who stated he plans to develop the site into an office condominium complex. Mr. Geyer stated the building will be constructed of masonry with a brick front and a steel bar joist roof. -- MOTION: Council Member Wood made a motion to approve a rezoning request for a 2.732 acre tract in Land Lot 687 from R-15 (SFR) to OD (Office Distribution) for Ernie Geyer with the condition that outside storage will be prohibited on the property and the further condition that there will be masonry elevations facing Oakdale Road and the front. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (H) Rezoning Request - 2.2 Acre Tract in Land Lot 621 - R-12 to Neighborhood Shopping- Conditional (NS-C) - Jeffrey R. Eynon 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. Wright stated the development proposal would provide for the construction of a 14,000 square foot commercial building fronting South Cobb Drive. Mr. Wright stated that PZB voted to deny this request, but that staff does support it with several conditions. ... Council Member Lnenicka recognized Mr. Jeffrey Eynon. Council Member Lnenicka stated the original rezoning request was for a change to General Commercial zoning at the time it was denied by PZB. Council Member Lnenicka stated that after meetings with staff, residents and the developer, an agreement to amend the rezoning proposal was reached. Council Member Lnenicka stated that the subject location will be zoned specifically to the site plan presented to the Council, and that certain stipulations will be required by the rezoning. Mr. Eynon stated that a curb cut will be eliminated, landscaping will be installed, and a pedestrian cut will be added off of Ivy Glen Drive. Mr. Eynon described some of the tenants he expects to have at the proposed office building. Mr. Eynon stated the building will feature four sides of brick construction and reduced lighting to accommodate nearby homeowners. Council Member Lnenicka asked Mr. Eynon where the access roads to the facility will be located, and Mr. Eynon explained there is a cross-easement with Highlands Station. Mr. Eynon stated the access will come through the existing Publix drive and that there is a deceleration lane which runs from Cooper Lake Road to Ivy Glen Drive. Council Member Lnenicka asked Mr. Eynon if it is correct that there will be no direct access to South Cobb Drive from the front and no direct access on the north side on to Ivy Glen Drive, and Mr. Eynon answered in the affirmative. Council Member Lnenicka read the following list of stipulations and provided commentary: 1. The list of permitted uses shall be limited to those enumerated in Section 711 of the City Zoning Code, except that the following uses shall not be permitted: pawn shop, tattoo parlor, billiard parlor, check cashing facility or convenience store. 2. Deliveries and trash collection within the shopping center shall be limited to between the hours of 7:00 am and 7:00 pm. No overnight vehicle parking shall be permitted. 3. No vehicular connection shall be provided on Ivy Glen Drive. Pedestrian access from the Ivy Glen development to the subject parcel shall be provided. Vehicular access to the existing residence shall remain available until site construction commences. 4. The parking lot shall provide landscape islands after every tenth parking space, the design of which must be approved by the City of Smyrna. -- 5. To protect the residences to the west, no lighting shall be provided in the western (rear) parking lot. The only exception to the prohibition against lighting in the western parking lot shall be for low-level building-mounted security lighting which shall be directed downward. The parking lot lighting in the front shall be limited to decorative lighting fixtures equivalent to the Georgia Power "Sternberg" style posts used in downtown Smyrna. 6. A 15' wide landscape buffer shall be provided along South Cobb Drive and the 100' landscape buffer along the western property boundary shall be consistent with the requirements of Section 503 of the City's Zoning Code. The landscape buffer along South Cobb Drive will be irrigated. September 3, 2002 6 7. A staggered row of 8' tall Leyland Cypress trees shall be planted along the northern and western property boundary along Ivy Glen Drive between the subject parcel and the Ivy Glen subdivision. Specifically, this will run at a minimum from the disturbed property boundary area in the rear of the building north and east to where the current storm drain structure is located on Ivy Glen Drive. Within this same area, the developer will make every attempt to save the existing large caliper trees. Developer shall install irrigation to include the area adjacent to Ivy Glen Drive. 8. The final plan shall incorporate a planted landscape buffer along Ivy Glen Drive near where the existing retaining wall will be removed. The landscaping in this area shall be designed to screen the back of the building from the Ivy Glen subdivision. 9. The building shall be designed with four-sided brick elevations and match the renderings provided with the rezoning package. .... 10. The applicant shall provide a copy of a recorded cross-access easement between the subject parcel and the Highlands Station Shopping Center prior to the issuance of a building permit. This will demonstrate the subject parcel is permitted to utilize the existing shopping center driveway. No construction activity or parking shall be permitted on Ivy Glen Drive. 11. The storm water detention plan shall be designed to create at least a 10% reduction in a 100- year storm event. The City Engineer shall approve all plans. All efforts shall be exhausted by the applicant to utilize the existing shopping center detention pond at Highland Station Shopping Center for drainage before a new one is constructed. 12. Any necessary retention ponds on the development property shall be placed and screened appropriately to be unobtrusive to homes outside the development, and to observers within the development. 13. All utilities within the development shall be underground. 14. The shopping center dumpsters shall utilize rubber tops or other City of Smyrna approved designs and be appropriately screened per the City's code. 15. The developer will comply with the City's current tree ordinance and plans shall be submitted to the City for review and comment prior to construction. .... Council Member Hawkins asked if the foregoing stipulations would be binding to any future purchaser of the property in the event the currently proposed development is not completed. Council Member Lnenicka stated the stipulations, supra, are specific to the currently proposed site plan, and that any different plan would have to be submitted as a new zoning with new hearings for the Ivy Glen residents and other citizens to attend. Council Member Hawkins stated he wanted to make sure any future sale ofthe property would not be encumbered by any conditions. Mayor Bacon recognized Ms. Claudia Etling, residing at 4371 Ivy Glen Way, who asked about safety considerations associated with the proposed pedestrian access. Council Member Lnenicka stated a built-to-code sidewalk near a storm drain is planned to give residents near the proposed development convenient and practical access on foot to the facility. Ms. Etling asked if such a sidewalk might encourage patrons of the nearby businesses to enter the adjacent neighborhoods, and Council Member Lnenicka stated the path should be inconspicuous enough to preclude this type of problem. Ms. Etling expressed the view that the introduction of the Publix store into the area did seem to generate foot traffic in the adjoining residential area. Council Member Lnenicka stated efforts have been made to avert potential problems that could arise from the development, and that if any subsequent problems become evident, more efforts will be made to resolve them. Ms. Etling asked if the developer will replace the irrigation system on Ivy Glen Drive, and stated she may have misunderstood stipulations 6, 7, and 8 regarding landscaping. Mr. Eynon stated that, in connection with dismantling a retaining wall along Ivy Glen Drive, substantial landscaping and irrigation will be installed in the affected area. Council Member Lnenicka asked if language to the effect that the developer will install irrigation apparatus to water the landscaping between the parking lot to Ivy Glen Drive could be added to stipulation 7. Mr. Eynon stated he would agree to the proposed addition to stipulation 7. Ms. Etling asked if there will be no construction traffic on Ivy Glen. Council Member Lnenicka stated stipulation 10 prohibits construction activity and parking on Ivy Glen Drive. .... Mayor Bacon recognized Mr. Scott Cannon, residing at 4336 Ivy Glen Court, who expressed appreciation to those involved in the project for their efforts to accommodate the wishes and concerns ofthe nearby residents. September 3, 2002 7 Council Member Lnenicka thanked the developer and members of the Ivy Glen HOA for their cooperation in working out the details of the proposed project in a way that is expected to be beneficial to all concerned. MOTION: Council Member Lnenicka made a motion to approve a rezoning request for a 2.2 acre tract in Land Lot 62 I from R- I 2 to Neighborhood Shopping- Conditional (NS-C) with the list of 15 stipulations dated August 30, 2002, and the amendments made on the current date to stipulations 3 and 7, for Jeffrey R. Eynon. The motion was seconded by Council Member Wood. The motion was approved 7 - O. (I) Land Use Change Request - 2.2 Acre Tract in Land Lot 621 - Medium Density Residential to Neighborhood Activity Center - Jeffrey R. Eynon ... Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Lnenicka made a motion to approve a land use change request for a 2.2 acre tract in Land Lot 621 from Medium Density Residential to Neighborhood Activity Center for Jeffrey R. Eynon. The motion was seconded by Council Member Hawkins. Motion was approved 7 - 0 (J) Approval of Application for Annexation - 2.2 Acre Tract - Land Lot 62 I, 17th District, 2nd Section, Cobb County, Georgia, South Cobb Drive - Herbert Ruddell Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka stated that State law requires a property to be rezoned before it is annexed to allow affected property owners to be appropriately informed. Council Member Lnenicka stated this annexation application was validated at the August 5, 2002 Council meeting and advertising for the public hearings has been done. MOTION: Council Member Lnenicka made a motion to approve an application for annexation for a 2.2 acre tract in Land Lot 62 I, 17lhDistrict, 2nd Section, Cobb County, Georgia, South Cobb Drive to become part of Ward 6 effective September I, for Herbert Ruddell. The motion was seconded by Council Member Hawkins. Motion was approved 7 - O. -- (K) Variance Request - Temporary Change in Allowed Working Hours - Veterans Memorial Construction Site - Jerry L. Johnson and Associates Mr. Wright stated the City Code limits construction activity to the hours of 9:00 a.m. to 6:00 p.m. on Saturdays. Mr. Wright stated the Veterans Memorial Association (VMA) has requested that work on the Veterans Memorial be allowed to begin at 8:00 a.m. on Saturdays. Mr. Wright stated that staff supports the request provided that no work will be done on Sundays, and that no work will interfere with the Spice of Life event on September 14. 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 a variance request for a temporary change in Saturday working hours to 8:00 a.m. to 5:00 p.m. during September, with the exception of September 14, with no Sunday work, for the Veterans Memorial Construction Site for Jerry L. Johnson and Associates. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. Council Member Wood was not present at the time of the vote. (L) Variance Request - Old Concord Road and Church Street - Placement ofFence in Front Yard Setback - Allan Khaliffe ... Mr. Wright stated the Code prohibits front yard fences in excess of 4' in height. Mr. Wright stated the applicant is seeking a variance to allow a wrought iron fence between 6' and 8' in height. Mr. Wright stated staff supports the request provided the fence material used is consistent with samples provided by the applicant. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Cramer recognized Mr. Allan Khaliffe. Council Member Cramer asked Mr. Khaliffe if the fence will be comprised of a brick base with wrought iron components, and Mr. Khaliffe answered in the affirmative. MOTION: Council Member Cramer made a motion to approve a variance request for placement of a fence 6' to 8' in height in the front yard setback near Old Concord Road and Church Street for September 3,2002 8 Allan Khaliffe. The motion was seconded by Council Member Lnenicka. Motion was approved 7 -0. (M) Privileged License Request - Retail Pouring (Liquor, Beer and Wine) - Rounding Third, LLC., DBA Moe's Southwest Grill- 2840 Atlanta Road, Suite I Mr. Wright stated inquiry by the Smyrna Police Department (SPD) has disclosed no information that would preclude issuance of a retail pouring license for this applicant. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. James Killingsworth. Council Member Scoggins asked Mr. Killingsworth if he has been furnished with a copy of the regulations for alcoholic beverage sales and if he understands them, and Mr. Killingsworth answered in the affirmative. Council Member Scoggins asked Mr. Killingsworth to provide details to those present of the training for alcoholic beverage sales he plans to provide to Moe's servers. Mr. Killingsworth stated that all customers wishing to purchase an alcoholic beverage will be asked to present proper identification before any alcohol is served. Mr. Killingsworth stated all servers will be indoctrinated in this policy. Council Member Scoggins asked Mr. Killingsworth if this will be his first alcohol sales license, and Mr. Killingsworth answered in the affirmative. Council Member Scoggins advised Mr. Killingsworth that the SPD periodically conducts compliance checks for alcoholic beverage sales, and Mr. Killingsworth stated he understands his responsibilities. ..., MOTION: Council Member Scoggins made a motion to approve a privileged license request for retail pouring (liquor, beer and wine) for Rounding Third, LLC., DBA Moe's Southwest Grill at 2840 Atlanta Road. The motion was seconded by Council Member Hawkins. Motion was approved 7 - O. (N) Privileged License Request - Retail Pouring (Liquor, Beer and Wine) - Smyrna Pizza, Inc., DBA Zucca Bar and Pizzeria - 2860 Atlanta Road, Suites A and B Mr. Wright stated inquiry by the Smyrna Police Department (SPD) has disclosed no information that would preclude issuance of a retail pouring license for this applicant. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins recognized Mr. Timothy Langel!. Council Member Hawkins asked Mr. Langell if he is the chief operating officer and agent for Zucca Bar (ZB), and Mr. Langell answered in the affirmative. Council Member Hawkins asked Mr. Langell if he will be on the premises at ZB, and Mr. Langell stated he will be on-site as much as possible. Council Member Hawkins asked Mr. Langell if he has held a license of this type before, and Mr. Langell stated he has held a pouring license jointly in Atlanta before. Council Member Hawkins asked Mr. Langell if he has been furnished with a copy of the regulations for alcoholic beverage sales and if he understands them, and Mr. Langell answered in the affirmative. Council Member Hawkins asked Mr. Langell to provide details to those present of the training for alcoholic beverage sales he plans to provide to ZB servers. Mr. Langell stated all ZB personnel will be trained in the proper method of selling alcoholic beverages. Council Member Hawkins advised Mr. Langell that the SPD periodically conducts compliance checks for alcoholic beverage sales, and that a policy of requiring all purchasers to present proper identification is the safest policy. Council Member Hawkins advised Mr. Langell that servers arc required to have their nngerprints taken and to obtain a serving permit. ..., MOTION: Council Member Hawkins made a motion to approve a privileged license request for retail pouring (liquor, beer and wine) for Smyrna Pizza, Inc., DBA Zucca Bar and Pizzeria at 2860 Atlanta Road, and the motion was seconded by Council Member Scoggins. Motion was approved 7 -0. FORMAL BUSINESS: (A) Validation of Application for Annexation - 1.9 Acre Tract - Land Lot 663, I ih District, 2nd Section, Cobb County, Georgia, Davenport Street - Gloria Aaron ..., Mr. Wright stated the application is for a single-family residence, and that staff has reviewed the application and indicated that no islands or other problems will be created by the annexation. MOTION: Council Member Scoggins made a motion to approve a validation of application for annexation for a 1.9 acre tract in Land Lot 663, I ih District, 2nd Section, Cobb County, Georgia, on Davenport Street for Gloria Aaron, and to set the public hearing date for October 7. The September 3. 2002 9 motion was approved by Council Member Hawkins. Motion was approved 7 - O. (B) Approvrll of Ordinance Adopting the Redistricting Plan of the Seven Wards of the City of Smyrna Mr. Wright stated that various procedures to amend the City charter for redistricting have been completed. Mr. Wright stated the action is needed to create new wards and comply with the Voting Rights Act and other requirements. ... Council Member Wood stated the public hearings have been previously held for the Charter amendment. Council Member Wood stated the ordinance amending the City Charter must be approved. Council Member Wood read the ordinance amending Section 6 -C of the Charter. MOTION: Council Member Wood made a motion to approve the ordinance amending Section 6- C of the City Charter, and the motion was seconded by Council Member Cramer. Motion was approved 7 - O. (C) Approval of FY 2003 Road Improvement Budget Mr. Wright stated the proposed budget is part of the City's five-year transportation improvement plan which provides for road improvements throughout the City. Mr. Wright stated staff recommends approval of the budget for fiscal year 2003. MOTION: Council Member Cramer made a motion to approve the fiscal year 2003 Road Improvement Budget, and the motion was seconded by Council Member Hawkins. Council Member Lnenicka stated he will not support the motion. Council Member Lnenicka stated hc believes the money should be spent on ncw facilities instead of repairs. Mayor Bacon stated approval of this budget is recommended by staff. Mayor Bacon stated these funds are limited, and that staff has been tasked to identifY those roads which are most urgently in need of resurfacing. Council Member Pritchett stated this funding was collected for the purpose of resurfacing streets, and that approval of this budget for street repairs is the right thing to do. Motion was approved 6- I, with Council Member Lnenicka in opposition. COMMERCIAL BUILDING PERMITS: ... There were none. CONSENT AGENDA: (A) Approva] of August 19,2002 Minutes (B) Approva] of ARCADIS Proposal f'or Design of Concord Road Multiuse Path This expenditure, in the amount of $97,354, will be funded from reserves from the One Percent Road Improvement account and will be applicable to the 20% match required by the TEA grant. (C) Approva] of ARCADIS Proposal for the Concord Road Streetscape Plan This expenditure, in the amount of $42,295, will be funded from reserves from the Profession a] Services and Records Fee account in the Community Development Budget. (D) Approval of Qua]ifications of Civil Service Board Members The requested action is for revision of the qualifications for serving on the CSB. (E) Approval of Concept #4 of the Concord Road Urban Design Study as the Preferred Redevelopment for Concord Road (F) Approval of Use of Contingency Funds for Veterans Memorial This is to allocate additional funds in the amount of $36,272 for sod and a sprinkler system. MOTION: Council Member Wood made a motion to approve the consent agenda, and the motion was seconded by Council Member Cramer. Motion was approved 7 - O. -- COMMITTEE REPORTS: Mayor Bacon stated that SAT scores in Cobb County have been generally very good, and that the SAT scores for Campbell High School have been outstanding. Mayor Bacon stated that Coach Joe Lattanzi recently passed away, and will be missed by many. Council Member Wood also commented favorably on Coach Lattanzi's character and contributions to the community. September 3, 2002 10 Council Member Lnenicka expressed his condolences to the family of Coach Lattanzi, and commented favorably on Coach Lattanzi's patriotism and character. Council Member Cramer commented favorably on Coach Lattanzi's character, and encouraged those present to purchase a brick at the Veterans Memorial. Council Member Hawkins commented favorably on Coach Lattanzi's character and contributions to the community. Council Member Hawkins stated Mr. James Williams, a former Council Member, passed away recently. Council Member Hawkins reminded those present about the run- off election next week. Council Member Scoggins expressed his condolences to the family of Coach Lattanzi, and commented favorably on Coach Lattanzi's character. - Council Member Pritchett reminded those present about the upcoming Spice of Life event. Council Member Pritchett expressed her condolences to the family of Coach Lattanzi, and commented favorably on Coach Lattanzi's character. Council Member Pritchett expressed appreciation to Representative Terry Johnson for his assistance in obtaining State funds for the Veterans Memorial. Council Member Pritchett stated 14 cases of West Nile virus have been reported in Cobb County, and encouraged those present to take necessary precautions. Mr. Wright reported that a new playground has been installed at Rose Garden Park and that similar improvements are planned for Jonquil Park in the near future. Mr. Cochran stated he will miss Coach Lattanzi. CITIZENS INPUT: There was none. ADJOURNMENT: With no further busincss, thc meeting was adjourned at ] 0:38 p.m. F~ A. MAX BACON, MAYOR .", ~)L RON NEWCOMB, WARD 2 MELLENY PRITCHETT, WARD 1 .~ 3 JAMES M. HA WKINS, WARD 4 LJ~ WADE S. LNENICKA, WARD 6 W11I CHARLES PETE WOOD, WARD 7 2002-17 ORDINANCE AMENDING SECTION 6(c) OF THE SMYRNA CHARTER ......" WHEREAS, Pursuant to O.c.G.A. 936-35-4.1, the City of Smyrna seeks to reapportion its election districts as a result of the 2000 census and; WHEREAS, O.C.G.A. 936-35-4.1 (b) requires such reapportionment to be completed by an ordinance amending the City Charter pursuant to O.C.G.A. 936-35-3, and; WHEREAS, the notice attached hereto as Exhibit "A" was published in the Marietta Daily Journal on July 19, 2002, July 26, 2002, and August 2, 2002, as required by o.c.G.A. 936-35-3 and; WHEREAS, public hearings were held on August 5, 2002 and August 19,2002, which resulted in the City adopting the foregoing Ordinance. IT IS THEREFORE ORDAINED by the City of Smyrna that Section 6 (c) of the Smyrna Charter is amended to read as follows: "The Official ward boundaries are described on the official map designating wards of the City of Smyrna subsequent to the 2002 decennial census. Such map is kept on file in the Office of the City Clerk." ~ Final adoption this cJ td day of Septembe/ ~ Attest by: . yltA1Ll1~;1 D, '16~~ I ' Mayor (City Clerk) ~ 2002-17 NOTICE OF CITY OF SMYRNA CHARTER AMENDMENT ,." The City of Smyrna gives notice that public hearings will be held to consider a Charter Amendment relative to the redistricting plan of the seven wards within the City of Smyrna. The Mayor and Council will hold said hearing at 7:30 P.M. at the Smyrna City Hall, 2800 King Street, Smyrna, Georgia on August 5, 2002 and August 19,2002. Anyone wishing to attend may do so and may be heard relative thereto. A copy of the proposed Amendment is on file in the office of the City Clerk of Smyrna and in the office of the Cobb County Clerk of Superior Court for the purpose of examination and inspection by the public. Susan D. Hiott, CMC City Clerk '- ~