12-17-2007 December 17, 2007 Council Meeting
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December 17,2007
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 except Council Member Smith. Also present were City
Administrator Wayne Wright, City Clerk Susan Hiott, Acting City Attorney Jeffrey Tucker,
Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler,
Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Deputy
Police Chief Michael Brown, Community Relations Director Jennifer Bennett, Finance Director
David Boyd, Community Development Director Ken Suddreth, Assistant City Administrator Eric
Taylor, Fire Chief Jason Lanyon, Planner Rusty Martin and representatives of the press.
Invocation was given by Pastor Dawn Britt from Tillman United Methodist Church, followed by
the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated item 4 B (Public Hearing - Rezoning Request Z07-024 - 01 to LC-
Conditional- 2365 Spring Road -1995 Partners, LLC) will be tabled.
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Mayor Bacon thanked Council Member Scoggins for his many years of service on the Smyrna
city council. Mayor Bacon commended Council Member Scoggins for his leadership, hard work
and the many positive changes in the City brought about by his efforts. Mayor Bacon presented
Council Member Scoggins with a custom-made glass sculpture as a token of appreciation from
the members of the city council. Council Member Scoggins thanked the citizens who turned out
to vote during the last election. Council Member Scoggins stated he believes the City is on the
right track for continued progress.
MA YOR'S REPORT:
(A) Recognition of IBM employees
Ms. Kirk recognized Mr. Shedrick Harrison and Ms. Angie Bolton from the IBM Corporation
and thanked them and the many other IBM employees who recently turned out to participate in a
comprehensive clean-up and beautification project in the City. Ms. Kirk stated the IBM
employees have also built an outdoor classroom at Norton Park School and are planning a similar
project for Fair Oaks Elementary School. Mr. Harrison thanked Ms. Kirk and Council Member
Wood for helping the IBM employees get organized for these worthwhile projects. Mayor Bacon
thanked IBM Corporation for being a good corporate citizen in the community.
(B) Image Enhancement A ward
Mr. Wayne Waldrip recognized Ms. Barbara Williford and thanked Ms. Williford for
improvements which have been made to the Family Dentistry building in the downtown area.
Mayor Bacon commented favorably about the contributions to the community made by Dr.
Marshall and Dr. Maynor over the years.
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Ms. Kirk recognized Mr. John Dickson and thanked him for improvements which have been
made to the Dickson Shopping Center. Mr. Waldrip commented favorably about the
improvements and the positive impact they have had on the image of that area of the City.
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Ms. Kirk recognized Dr. Sims from Chastain Animal Clinic, and Mr. Waldrip commented
favorably about the improvements which have been made to the Chastain Animal Clinic.
(C) Employee of the Month - Smyrna Police Department
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Mr. Corey and Chief Hook recognized Ofcs. Lee Harrell, Frank Sommo, Michael Sample, and
Greg Richards. Chief Hook provided details to those present concerning an incident during
which these officers were able to rescue several children from a burning building. Mr. Corey
presented each of the officers with a plaque in recognition of their outstanding service. Deputy
Chief Brown thanked all the City's police officers for their service to the community every day of
the year.
LAND ISSUES/ZONINGS/ANNEXATIONS:
(A) Public Hearing - Rezoning Request Z07-0 19 - R-15 to RAD-Conditional- between 1499
and ISIS Walker Street - Alison Vaughan and Brendan Crowley
Mr. Wright stated the applicant is seeking to rezone a .616 acre tract for construction oftwo
detached single-family houses at a density of3.25 units per acre. Mr. Wright stated the Planning
and Zoning Board (PZB) recommends approval of the proposal and staff supports the request
with 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 by Mr. Tucker.
Mr. Suddreth provided details to those present concerning this rezoning proposal. Mr. Suddreth
stated the proposal calls for a shared driveway. Mr. Suddreth state one lot will comprise some
8,900 s.f. and the other will be 17,000 s.f. with approximately 49' of street frontage planned for
each house. Mr. Suddreth stated there is a required buffer area, right-of-way (ROW) dedication
and sanitary sewer easement on the subject tract. Mr. Suddreth provided details to those present
concerning the tree protection plan for the subject property. Mr. Suddreth summarized the
applicable standard conditions and special conditions ofthis rezoning request as follows:
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Standard Conditions
(Requirements #2, 3, 4, 5, 8, 9,10, 12 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. All utilities within the development shall be underground.
3. The developer shall be responsible for any traffic improvements (including additional right-of-
way dedications) deemed necessary by either the City or the County during construction plan
review. Sidewalks shall be provided by the developer inside the subdivision and outside the
subdivision adjacent to any public right-of-way consistent with City's requirements for the extent
of the development. A grass buffer with a minimum width of2' shall be provided between the
back of curb and sidewalk. The grass buffer may be waived if it is deemed unnecessary by
the City Engineer.
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4. No debris may be buried on any lot or common area.
5. 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.
6. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape
Architect for any common areas or entrances.
7. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
8. All single-family and/or duplex residential lots shall provide the following at the time of
certificate of occupancy: either four 3" caliper trees or three 4" caliper trees, unless otherwise
approved by the City's Arborist. The following species of trees may be used: Nuttall Oak, Swamp
Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by
the City.
Special Conditions
9. The development shall maintain the following setbacks:
Front - 25'
Side - 7' with 15' between buildings
Rear - 20'
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10. The final plat for the development shall include a right-of-way dedication of 10' along Walker
Street per the City Engineer. Setbacks shall be taken from the existing right-of-way.
11. The storm water management plan shall be designed to create at least a 20% reduction in a
1 OO-year storm event. The City Engineer shall approve all plans.
12. The pavement width for the private drive shall be 12'.
13. Each home will be a minimum of2,000 square feet in size.
14. A five-foot wide sidewalk shall be constructed along Walker Street.
15. The developer shall create deed covenants for the shared driveway 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.
16. All specimen-sized trees with critical root zones impacted 20% or greater must be removed
from site.
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17. The developer shall root prune, provide 6" to 8" mulch within the CRZ, irrigate and erect a
six foot chain link fence around the critical root zone of the specimen sized tree on the adjoining
property (1499 Walker Street) and Specimen tree on the shared property line. The fencing shall
only be limited to the subject parcel and shall remain erected until the issuance of a certificate of
occupancy. These services shall be performed by a certified arborist that is mutually agreed upon
by the developers and the adjoining property owners (1499 Walker Street).
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18. The developer shall also provide a five-year bond or letter of credit (this tree bond/letter of
credit may be a two-year bond/letter of credit that is automatically renewed for a period of five
years) that will cover the removal and replacement cost of the tree in question on the adjoining
property (1499 Walker Street) and the specimen tree on the shared property line. The bond/letter
of credit for each tree must be submitted to the Department of Community Development prior to
the issuance of any building permits. The landscape architect shall provide photographic
references of both trees to the Department of Community Development prior to the issuance any
building permit. At the end of the five year bond/letter of credit period the Department of
Community Development shall verify the health of both trees to determine if the use of the
bondlletter of credit is necessary. If the Department of Community Development determines the
trees are in an irreversible state of decline due to impacts caused by the development, the
bond/letter of credit should be used to remove and replace the tree that is in an irreversible
state of decline. If the Department of Community Development determines that the trees are in
good health or have been negatively impacted by an act of God or some act performed by the
adjoining property owner, then the bond/letter of credit shall not be used and should be released.
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19. No land disturbance or land clearing shall take place on the subject property until a building
permit has been issued.
Council Member Scoggins recognized Mr. Crowley and Ms. Vaughan, and Mr. Crowley provided
details to those present concerning the site plan and proposed structures. Ms. Vaughan provided
details to those present concerning the subject lots and measures planned to protect the mature
tree cover there.
Mayor Bacon recognized Ms. Ann Whited, residing at 1499 Walker Street, and Ms. Whited
expressed concerns regarding the potential impact of this proposal on her property. Ms. Whited
stated she would prefer that this rezoning not be approved. Ms. Whited expressed concerns about
the potential impact of this proposal on two trees on the subject property. Ms. Whited expressed
concerns about the aesthetics of the planned structures. Ms. Whited recited a number of changes
to this proposal she would like to see made. Council Member Scoggins asked Ms. Whited if she
would be in favor of a zoning requirement for a tree bond, and Ms. Whited said yes.
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Mayor Bacon recognized Ms. Paula Kramer, residing at 1551 Walker Street, and Ms. Kramer
expressed opposition to this rezoning proposal. Ms. Kramer expressed concerns about the
amount of road frontage proposed and possible loss of trees.
At Council Member Scoggins' request, Mr. Suddreth discussed special conditions 17 and 18 in
further detail. Council Member Scoggins asked Mr. Crowley and Ms. Vaughan if they are both
in agreement with the bond requirement, and Mr. Crowley and Ms. Vaughan answered in the
affirmative.
MOTION: Council Member Scoggins made a motion to approve Rezoning Request 207-019
from R-15 to RAD-Conditional between 1499 and 1515 Walker Street for Alison Vaughan and
Brendan Crowley subject to the special conditions and applicable standard conditions as specified
by City staff. The motion was seconded by Council Member Pritchett. Council Member
Lnenicka expressed the view that the City and the applicants have made considerable efforts to
address the issue of tree preservation in this case. Council Member McNabb stated he will not
support the motion and expressed the view that it would be feasible to build one house on the
subject property. Motion was approved 5 - 1, with Council Member McNabb in opposition.
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Mayor Bacon stated that Council Member Smith and Mr. Cochran are out of town on this date.
December 17. 2007
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(B)
Public Hearing - Rezoning Request Z07-024 - 01 to LC-Conditional- 2365 Spring Road
-1995 Partners, LLC
Mayor Bacon asked if there is anyone present in connection with this rezoning request, and there
was no response.
MOTION: Council Member Pritchett made a motion to table Rezoning Request Z07-024 from
01 to LC-Conditional at 2365 Spring Road forI 995 Partners, LLC until the January 22, 2008
meeting. The motion was seconded by Council Member Newcomb. Motion to table was
approved 5 - O. (Clerk's Note: Council Member Scoggins was not present at the time of this
vote)
(C) Public Hearing - Rezoning Request Z07-029 - R-15 to LC - 614 Concord Road - City of
Smyrna
Mr. Wright stated the City is seeking to rezone a parcel so that the zoning will be compatible the
use of the property.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to at least one person by Mr. Tucker.
Council Member McNabb stated the subject tract has been used as a commercial property for a
number of years but actually has a residential zoning.
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Mayor Bacon recognized Mr. Teague Kennedy, and Mr. Kennedy provided details to those
present concerning the video production company he operates and wishes to relocate. Mr.
Kennedy stated he wants to make sure the location of his business is appropriately zoned.
MOTION: Council Member McNabb made a motion to approve Rezoning Request Z07-029
from R-15 to LC for 614 Concord Road. The motion was seconded by Council Member
Newcomb. Motion was approved 5 - O. (Clerk's Note: Council Member Pritchett was not
present at the time of this vote)
(D) Public Hearing - Rezoning Request Z07-027 - Zoning Amendment to Revise Elevations
and Increase Floor Area of Retail Center-1140, 1150 & 1154 Dell Avenue and 1139,
1149 & 1155 Concord Road - Laurel Commons II, LLC
Mr. Wright stated the subject property was rezoned during May of the present year. Mr. Wright
stated the conditional zoning was based on a specific plan so the proposed revisions must be
approved by the city council. Mr. Wright stated the applicant is requesting permission to change
the elevations of the buildings and to increase the total square footage. Mr. Wright stated staff
recommends approval of the changes subject to the original conditions of the rezoning.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
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Mr. Suddreth provided details to those present concerning the requested zoning amendment. Mr.
Suddreth stated the change in elevations is being requested because of the topography ofthe site.
Mr. Suddreth stated the additional square footage is needed to increase the construction from a
one-story to a two-story configuration. Mr. Suddreth stated the essential site plan is not changing
and the access will remain the same. Mr. Suddreth stated staff believes the proposed revision
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represents an improved plan overaIl and that staff supports this zoning amendment request.
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MOTION: Council Member McNabb made a motion to approve Rezoning Request Z07-027
for zoning amendment to revise elevations and increase floor area of retail center at 1140, 1150
and 1154 DeIl Avenue and 1139, 1149 & 1155 Concord Road for Laurel Commons 11, LLC
subject to all original stipulations. The motion was seconded by Council Member Pritchett.
Council Member Lnenicka asked Mr. Moore if the applicant is agreeable to all the original
stipulations, and Mr. Moore answered in the affirmative. Motion was approved 6 - O.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
There was none.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of the December 3,2007 minutes
(B)
Approval for use of Council Chambers January 8, 2008, 7:30 p.m. for Ward 4 Town HaIl
Meeting
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(C) Approval of Georgia Municipal Association Cable and Telecommunications
Management Services Contract and authorize the Mayor to sign and execute contract
(D) Approval of agreement with Georgia Department of Transportation for Livable Centers
Initiative Project (LCI) STP-0006-00 (992), P.I. No. 0006992 for Atlanta Road
Streetscape and to authorize the Mayor to execute related documents and the provision of
matching funds in the amount of $28,000
(E) Award Bid # 8-008 for a replacement service truck for the Water and Sewer Division to
the lowest bidder, Wade Ford, in the amount of$53,655.00
(F) Award RFP# 8-009 for landfiIl disposal of municipal solid waste from residential
coIlection
(G) Award Bid #8-007 for the purchase of2008 Ford Explorer Sport Track for the
Community Development Department to Wade Ford in the amount of $19,712
(H) Approval of no parking area along Argo Road adjacent to the new playground area at the
old Kenwood School
(I)
Approval of authorization for the City Administrator to establish policies and procedures
for use of City buildings, grounds, facilities, parks and events venues
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December 17. 2007
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MOTION: Council Member Wood made a motion to approve the consent agenda. The
motion was seconded by Council Member Lnenicka. Motion was approved 6 - O.
COMMITTEE REPORTS:
Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those
present concerning assembly of rain barrels, the holiday sanitation schedule and the leaf pick-up
and recycling projects.
Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present
regarding an award the City received in Washington, DC for its KSB program. Ms. Kirk stated
rain barrels can be spray-painted to improve their appearance and can be connected to collect
more water. Ms. Kirk provided details to those present concerning the holiday schedule for the
Recycling Center and the Christmas tree recycling program. Ms. Kirk provided details to those
present concerning other upcoming KSB activities.
Council Member Pritchett thanked Council Member/Scoggins for his service to the City.
Council Member Newcomb recognized Mr. Suddreth, and Mr. Suddreth provided details to those
present concerning City building statistics.
Council Member Newcomb commended Council Member Scoggins for his many accomplish-
ments as a City official.
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Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present
concerning recent court services operations. Ms. Hiott thanked Council Member Scoggins for the
help, support and humor he brought to the Court Services Committee.
Council Member Scoggins thanked the council members for the commemorative glass sculpture.
Council Member Scoggins stated the progress which has been made in the City during his term in
office has been a collective effort.
Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those
present concerning upcoming City events.
Council Member McNabb recognized Mr. Ciaccio, who provided details to those present
concerning upcoming Parks and Recreation Department events during the holiday season. Mr.
Ciaccio thanked Council Member Scoggins for his assistance over the years.
Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those
present concerning current and upcoming programs and events for the City Library. Mr. Seigler
thanked Council Member Scoggins for his assistance.
Council Member McNabb reminded everyone that there will be a Ward 4 town hall meeting at
City Hall on January 8.
Council Member McNabb bid Council Member Scoggins farewell, and stated he will miss his
humor and leadership. Council Member McNabb wished everyone a Merry Christmas.
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Council Member Lnenicka recognized Mr. Corey, who had no report.
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Council Member Lnenicka recognized Chief Hook and Chief Lanyon, who had no report.
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Council Member Lnenicka commended Council Member Scoggins for his leadership and service
to the City. Council Member Lnenicka wished everyone a happy holiday season.
Council Member Wood recognized Mr. Boyd, and Mr. Boyd provided details to those present
concerning tax collections and reserve funds. Mr. Boyd thanked Mr. Scoggins for his help and
support.
Council Member Wood stated he has enjoyed working with Council Member Scoggins on the
city council. Council Member Wood wished everyone a Merry Christmas and a Happy New
Year.
Mr. Wright reminded everyone that City Hall and other offices will be closed for the Christmas
holiday. Mr. Wright thanked the City's management stafffor their commitment and
professionalism. Mr. Wright thanked Mr. Scoggins for his humor and dedication to the City.
Mr. Wright wished everyone a happy holiday season.
Mr. Tucker thanked Mr. Scoggins for his many years of service to the City. Mr. Tucker
commented favorably about the City, and wished everyone a Merry Christmas and a Happy New
Year on behalf on Cochran, Camp and Snipes.
CITIZENS INPUT:
Mayor Bacon recognized Mr. David Whited, residing at 1499 Walker Street, and Mr. Whited
stated he believes tree fences should be removed from inactive development sites. Mr. Whited
thanked Mr. Scoggins for his service on the city council.
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Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry
provided additional information to those present concerning the recent City election. Mr. Backry
asked the City officials to take steps to encourage better voter participation in the future. Mr.
Backry commented favorably about Council Member Scoggins.
Mayor Bacon wished everyone a Merry Christmas and a Happy New Year.
ADJOURNMENT:
With no further business, the meeting was adjourned at 10:02 p.m.
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December 17. 2007
BILL SCOGGINS, WARD 3
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CHARLES PETE WOOD, WARD 7
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SUSAN b. mon, CITY CLERK
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RON NEWCOMB, WARD 2