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April 1, 2002 Council Meeting April 1. 2002 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 Interim City Administrator Chris Corey, Deputy City Clerk Lee Miller, City Attorney Scott Cochran, and representatives of the press. Invocation was given by Father Gene of St. Thomas Catholic Church, followed by the pledge to the flag. CITIZENS INPUT/SPECIAL RECOGNITION: - Mayor Bacon recognized Cobb County School Superintendent Joseph Redden, who expressed thanks to the Mayor and Council Members for their support of the County schools. Mrs. Kostzer and students from Argyle Elementary School did a presentation of the month's character words, and were given a present by the Mayor. Mayor Bacon recognized Ms. Jeanette Gall, who spoke about the positive achievements of the students at Griffin Middle School and encouraged support and volunteerism for the schooL Mayor Bacon recognized Mr. Floyd Millis, who stated the Council Meeting would be broadcast on Charter Cable channel 19. Mayor Bacon recognized Mr. Jimmy Flanagin, who spoke about his candidacy for the State Senate. Mr. Flanagin also encouraged the Mayor and Council Members to move forward with efforts to purchase the American Legion property. PUBLI~ HEARINGS: (A) Rezoning Request - 1.287 Acre Tract from Light Industrial (L1) and Puture Commercial (FC) to RAD Conditional - Joseph A. Elliot - West Side of Roswell Street at Gilbert and Roswell Streets - Mr. Corey stated the applicant is proposing to rezone a 1.287 acre tract from LI and FC to RAD Conditional and that the subject parcel is located on the west side of Roswell Street at the intersection of Gilbert and Roswell Streets. Mr. Corey stated the area proposed for redevelop- ment includes the former icehouse property and an existing single-family residence currently owned by Julia T. Boothe. Mayor Bacon stated this is a public hearing and asked for public comment, and persons wishing to present testimony were administered the oath by Mr. Cochran. Council Member Scoggins recognized Mr. Joseph Elliot, who stated that the subject location is a gateway to the east side and Wards I, 2 and 3 and that the proposed project will include "greenspace" and leave the Boothe house intact. Mr. Elliot expressed the view that the proposed project will fit well with the Village Green project. Mayor Bacon asked how many new housing units were recommended by Planning and Zoning (P & Z), and Mr. Elliot answered two. - Mayor Bacon recognized Mr. Ron Davis, 1351 Roswell Street, who expressed support of Mr. Elliot's proposal, but asked for clarification of some points. Mr. Davis said he had asked for confirmation that the Boothe house will not be destroyed, and that P & Z advised it would not be. Mr. Davis stated he had asked what would prevent a potential buyer from demolishing the house, and was advised by P & Z that the property would have to be rezoned for any demolition to take place. Council Member Hawkins stated that the rezoning conditions could be attached to the property if the title is transferred, but expressed doubts about perpetual enforceability. Mayor Bacon stated that if RAD Conditional zoning is approved, then a particular plan is approved, and that the zoning process would have to begin again to change the plan. Mayor Bacon asked Mr. Cochran about this point, and Mr. Cochran advised that if a particular condition is attached to the zoning by the Council, then the zoning process would have to start over again in order to change that condition. Mayor Bacon asked Mr. Elliot if his plan is to restore the Boothe house or sell it to someone who will restore it, and Mr. Elliot answered in the affirmative. Council Member Scoggins read the stipulations set forth on page 4 April 1,2002 2 of the Community Development Department memorandum regarding the subject property dated March 27, 2002, as follows: 1. The proposed RAD Conditional rezoning will be site plan specific and governed by the site plan dated February 26, 2002 included with the rezoning package. 2. The development will maintain the following minimum setbacks: Front -15', Side _ 5' and rear -20'. 3. Each residence will be a minimum of 2,200 square feet in area and conform to the architectural renderings provided to the City Council at its April 1, 2002 rezoning hearing. ... 4. There shall be protective covenants on all lots and there shall be a mandatory homeowners association. 5. The storm water detention plan shall be designed to create a 10 % reduction in a 100- year storm event. The City Engineer shall approve all plans. 6. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 7. All utilities within the development shall be underground. 8. The developer will comply with the City's current tree ordinance. 9. The protective covenants will require all non-resident property owners to keep the Homeowners Association advised of the current address and phone numbers where they can be reached. 10. No debris may be buried on any lot or common area. 11. All yards and common areas are to be sodded and landscaped. Irrigate as appropriate. 12. All landscape plans must be prepared, stampcd and signed by a Georgia Registered Landscape Architcct or a degreed horticulturist for COllllllon areas and cntrances. - 13. Each lot shall have the following trees replanted per lot either: four 3" caliper trees or two 2" caliper and two 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. In the event that a 12" caliper or larger hardwood tree is saved on a given lot, the replanting requirements for that given lot may be waived. If for any reason, development and use of property approved in accordance with the procedure outlined above cannot be accomplished, such plans shall not be altered, changed, or varied, except after approval by the mayor and council. When conditional zoning has been granted, but no affirmative action to perform said conditions, or to obtain a building permit subject to such conditions [has been taken], and such status continues for 12 months aftcr mayor and council approval of such conditional zoning, the property shall revert to its original status prior to such conditional zoning. Mr. Cochran asked if a stipulation regarding non-destruction of the house will be added to the zoning conditions, and Council Member Scoggins answered in the affirmative. Council Member Lnenicka expressed concern that, although the subject structure is not an officially recognized historical site, the City plans to place limits on its future disposition. Council Member Scoggins acknowlcdged that thc Boothe house is not a historical site, but stated he recommends placement of the preservation conditions. Council Member Pritchett asked if the zoning conditions could be worded to the effect that, if the existing structure is determined to be a historical site, then the conditions would apply. Mr. Cochran recommended language indicating that the existing structure has to be restored. - Mayor Bacon recognized Mr. Ted Jones, who advised he is in the real estate business and represents Mrs. Boothe. Mr. Jones stated there should not be any conditions which could potentially require Mrs. Boothe to remodel the house. Mayor Bacon stated that approval of the April 1. 2002 3 rezoning is not contingent upon sale of the property. Mr. Cochran recommended changing the stipulations to the effect that, as part of any new construction on this project, the existing house has to be rehabilitated. Mr. Cochran stated this would make rehabilitation requirements go into effect only when new construction commences. Mayor Bacon asked Mr. Elliot if he intends to buy the subject property, close on it, and preserve and rehabilitate the Boothe house, and Mr. Elliot answered in the affirmative. Mr. Elliot stated that, if he sells the Boothe house, then refurbishment will be a condition of that sale. ... Council Memher Scoggins stated that Stipulation 14 will be added to the rezoning conditions, and that Stipulation 14 contains provisions to the effect that if the existing structure is not sold, then the current owner (Ms. Boothe) will not be required to refurbish it, the existing structure cannot be demolished and, as part of any new construction on the subject location, the existing structure must be rehabilitated. Council Member Scoggins made a motion to approve a rezoning request from LI and FC to RAD Conditional for Joseph A. Elliot at the west side of Roswell Street at Gilbert and Roswell Streets. The motion was seconded by Council Member Hawkins with the understanding that the motion includes all stipulation changes discussed. Motion was approved 6 - O. (B) Land Use Change Request - 1.287 Acre Tract from Central Business District to Low Density Residential - Joseph A. Elliot - West Side of Roswell Street at Gilbert and Roswell Streets Mayor Bacon stated this is a public hearing and asked for comment. There was none. Council Member Scoggins made a motion to approve a land use change request for a 1.287 acre tract from Central Business District to Low Density Residential for Joseph A. Elliot for Roswell Street at Gilbert and Roswell Streets and the motion was seconded by Council Member Cramer. Motion was approved 6-0. FORMAL BUSIl"1ESS~ - (A) Approval of Purchase of a Vehicle for the Police Department's Criminal Investigation Division (CID) Mr. Corey stated the proposed purchase is a budgeted item to replace a 1993 Ford Taurus bought in August, 1993. M r. Corey stated the vehicle is nine years old with mileage in excess of 79,000 miles and that permission is heing sought to replace the vehicle. Council Member Scoggins made a motion to approve the purchase of a new vehicle for CID, and the motion was seconded by Council Member Hawkins. Motion was approved 6 - O. (B) Approval of Purchase of Three Vehicles for the Police Department's Uniform Patrol Division Mr. Corey stated the proposed purchase of three Crown Victoria vehicles for the Police Department's Uniform Patrol Division (UPD) is a budgeted item in the 2002 budget. Council Member Scoggins made a motion to approve the purchase of three new vehicles for the Police Department's UPD and the motion was seconded by Council Member Cramer. Motion was approved 6 - o. (C) Authorization for the Mayor to Sign a Contract for Quality Control Testing for the Market Village Project - Mr. Corey stated that Contract 2 of the Market Village project is the final phase of construction, and that it includes construction of curb and gutter, retaining walls, parking lots, brick pavers, and landscaping. Mr. Corey stated that Willmer Engineering would provide material testing of soils, asphalt, and concrete to ensure quality construction, and that their proposal is for their standard hourly rates with an overall estimate of $21,000. Council Member Wood stated that the City has done business with Willmer Egineering before, and that they have been recommended for this work by the City's consulting engineers. April I, 2002 4 Council Member Wood made a motion to approve authorization for the Mayor to sign a contract for quality control testing with Willmer Engineering for testing services at their standard hourly rate with an overall estimate of $21,000, and the motion was seconded by Council Member Cramer. Motion was approved 6 - O. (D) Approval of Purchase of the Old lee House Property on Roswell Street Mr. Corey stated the City seeks to purchase the property on Roswell Street which was formerly the location of the old lee House, and that the money will come from contingency funds. Council Member Scoggins made a motion to approve the purchase of the lee House property on Roswell Street, and Council Member Pritchett seconded the motion. Mayor Bacon stated the purchase price will be $178,000. Motion was approved 6 - O. - (E) Authorization for Mayor to Sign Water Service Agreement with Cobb County-Marietta Water Authority (CCMW A) Council Member Hawkins stated that the last water contract signed with CCMW A was back in 1952, and that State law limits such contracts to terms of no longer than fifty years, Council Member Hawkins stated that the contract is reasonable and that it provides some guarantee as to pnce. Council Member Hawkins made a motion to approve the new water service agreement contract with CCMW A, and the motion was seconded by Council Member Scoggins. Council Member Lnenicka stated he would not support the motion, and cited various reasons why he believes CCMW A has been difficult to work with. Mayor Bacon stated that he believes CCMW A will set a rate for cities with no agreement that will be considerably higher than the available contract rate. Mayor Bacon said the new agreement is not ideal, but that Smyrna is not treated any differently than other cities. Motion was approved 5 - 1 with Council Member Lnenicka opposed. (F) Approval of Expenditure for Sewer Line Construction in the Vicinity of Argo amI Davenport Streets - Mr. Corey stated that authorization is requested for expenditure of approximately $30,000 for construction of sewer lines in the area of Argo and Davenport Streets and that the funds will come from the extension and renewal budget. Council Member Scoggins stated that five Habitat for Humanity dwellings are being built in the subject area and that the new sewer lines will serve the new houses. Council Member Scoggins made a motion to approve expenditure of approximately $30,000 for construction of sewer lines in the area of Argo and Davenport Streets, and the motion was seconded by Council Member Wood, Motion was approved 6 - O. (G) Authorization for Mayor to Sign Resolution for Pre-application for Land and Water Conservation Fund Grant Mr. Corey stated that authorization is sought for the Mayor to sign a resolution document required for the pre-application process for a Land and Water Conservation Fund (LWCF) grant and that, if approved, the City will provide 50% of the total project cost. .. Council Member Wood stated that $39,000 is presently earmarked for capital improvements at Rosegarden Park and that the grant money would enable the City to expand the scope of the improvements. .... Council Member Wood made a motion to approve authorization for the Mayor to sign a resolution for pre-application for a Land and Water Conservation Fund Grant and the motion was seconded by Council Member Cramer. Motion was approved 6 - O. COMMERCIAL BUILDING PERMITS: April I, 2002 5 (A) DCB, Inc - 2100 Windy Hill Road - Office Building Council Member Scoggins made a motion to approve the building permit for DCB, Inc. for an office building at 2100 Windy Hill Road, and the motion was seconded by Council Member Pritchett. Motion was approved 6 - O. BID AWARDS: (A) Award of Bid for Contract 2 Construction for the Market Village Project - Mr. Corey stated that this bid is for the construction of curb and gutter, retaining walls, parking lots, brick pavers, and landscaping in the Village Market. Mr. Corey stated that the bid was advertised in the Marietta Daily Journal and the Atlanta Journal and that three bids were received. Mr. Corey said the three bids received were from Baldwin Paving Company, Valley Crest, and John Wieland Homes & Neighborhoods (JWHN). Council Member Wood stated that the City Engineer, consulting engineers and architects have recommended the bid be awarded to JWHN for a number of reasons, including a fast construction schedule, the fact that JWHN is already on site, the existence of incentive to do a quality job in a timely manner to promote the sale of their townhomes, and the favorable reputation which JWHN has. Council Member Wood made a motion to approve award of the bid for Contract 2 construction for the Market Village project to John Wieland Homes and Neighborhoods and the motion was seconded by Council Member Cramer. Motion was approved 6 - O. CONSENT AGENDA: (A) Approval of March 18, 2002 minutes (B) Approval of Name Change for Regal Woods .. Council Member Hawkins made a motion to approve the consent agenda, and the motion was seconded by Council Member Scoggins. Motion was approved 6 - O. COMMITTEE REPORTS: Mayor Bacon stated that every two years committee assignments change and that the new assignments will be effective on April I, 2002. Mayor Bacon stated that Council Member Wood is now the Chairman of the Finance and Administration Committee. Council Member Wood reminded everyone about the budget hearings scheduled in the coming weeks. Council Member Wood commented on the memorial service for Petty Officer 2nd Class Jason Lawson last Saturday and said he was gratified to see many citizens there to pay their respects. Mayor Bacon stated that Council Member Lnenicka will be the Chairman of the Community Development Committee. Mayor Bacon stated that Council Member Cramer will be the Chairman of the Public Works Committee. Council Member Cramer encouraged support for the Veterans Memorial project. Mayor Bacon stated that Council Member Hawkins will be the Chairman of the Court Services Committee. .. Mayor Bacon stated that Council Member Scoggins will be the Chairman of the Police/9II/Fire Committee. Council Member Scoggins stated that the City's public safety establishment has tried to maintain a higher level of visibility since the September 11 incident. Mayor Bacon stated that Council Member Newcomb will be the Chairman of the Human Resources Committee. Council Member Newcomb stated that salaries will be studied and referred to the Committee of the Whole for review. Mayor Bacon stated that Council Member Pritchett will be the Chairperson for the Parks and Recreation Committee. Council Member Pritchett advised those present that the metal detector should be in place at the courtroom in about two weeks. April L 2002 meeting was adjourned at 8:58 p.m. , Ce' IL LEE JtI~~~R,' D~~UTY CITY CLERK A. MAX BACON , MAYOR ~,J.jr- RON NEWCOMB, WARD 2 i~~~~ RC~ K CRAMER, WARD 5 WADE S. LNENICKA, WARD 6 ~ f?k~~ CHARLES PETE WOOD, WARD 7 6 - -- -- ; ~ The Mayor presented to the meeting a proposed Second Water Supply Contract between the COBB COUNTY -MARIETT A WATER AUTHORITY and the CITY OF SMYRNA, GEORGIA. Such contract was discussed in full at the meeting. It was the consensus of all present that it was to the best interest of the City that such contract be forthwith executed with the Cobb County-Marietta Water Authority, and whereupon on motion by Councilman J rv-- 1~4"" )e--)/ and seconded by Councilman I~: I \ s <-4l1 : -,,;- , the following resolution pertaining to same was unanimously adopted: A RESOLUTION TO PROVIDE FOR THE ENTERING INTO OF A CONTRACT WITH THE COBB COUNTY-MARIETTA WATER AUTHORITY PERTAINING TO THE SUPPLY OF WATER TO BE FURNISHED THE CITY BY SAID AUTHORITY; TO PROVIDE FOR THE TERMS AND CONDITIONS UNDER WHICH SAID WATER IS TO BE PURCHASED AND SOLD; TO PROVIDE FOR ......., THE EXECUTION OF SAID CONTRACT, AND FOR OTHER PURPOSES: WHEREAS, the Mayor and Council of the City of Smyrna, Georgia have made a thorough investigation into the desirability of continuing to procure its entire source of of its water supply from the Cobb County-Marietta Water Authority; and WHEREAS, it is deemed to the best interest of the City to have an adequate and constant supply of water, the same to be furnished by said Authority for the period of time and under the terms and conditions as set forth in a proposed contract between the Authority and the City; and WHEREAS, said contract has been read and considered. ~ ~ -' Pc. f,A-~ I ...... NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Smyrna, Georgia and it is hereby moved by authority of same: That the City of Smyrna, Georgia does enter into t.he proposed contract with the Cobb County-Marietta Water Authority and the Mayor be and is hereby authorized and directed to execute same for and on behalf of the City and the Clerk of the City be and is hereby authorized and directed to attest such signature and to affix the City's seal thereto, and that such contract when duly and properly executed by both parties thereto be spread upon the minutes of this meeting immediately following this ordinance, and the same is made a part hereof. GEORGIA, COBB COUNTY. I, le.e~ .f"r' .. \) v , do hereby certify that I am duly selected, qualified clerk of the Mayor and Council of the City of Smyrna, Georgia, and that the above and foregoing is a true and correct excerpt from the minutes of a meeting of the Council of the City of Smyrna, Georgia duly assembled and held at the City Hall of said City on the --L day of A1'Jr: i , 20~ IN WITNESS WHEREOF, I have hereunto set my hand an affixed the seal of the City of Smyrna, Georgia this ---L- day of It /J- " \ , 20~. ,. . \ ~~ City Clerk - \ ~ rv-llv- CCMWA -Miscellaneous Resolutions - City of Smyrna 12/21/01