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04-07-2008 April 7, 2008 I April 7, 2008 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 Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Ken Suddreth, Planner Rusty Martin, and representatives of the press. Invocation was given by Pastor Joey Hatchell from Faith United Methodist Church, followed by the pledge to the flag by Scout Troop 200. AGENDA CHANGES: Mayor Bacon stated consent agenda item 8 D (Award bid for replacement ladder truck) and formal business item 6 B (Approval of Development Agreement for Belmont Hills TAD project) will be tabled. MAYOR'S REPORT: There was none. LAND ISSUES/ZONINGS/ ANNEXATIONS: I (A) Public Hearing - proposed revisions to the City of Smyrna Tree Ordinance by the Department of Community Development Mr. Wright stated staff has been consulting with members of the City tree board and various professionals in order to formulate an up-to-date and improved revision of the tree ordinance. Mr. Suddreth provided details to those present concerning the planned revisions. Mr. Suddreth stated a committee, including members of the development industry and the State Department of Forestry, was formed to help provide pertinent data for consideration during the revision process. Mr. Suddreth stated information relating to the revision is on the City website for public review. Mr. Suddreth stated revisions include definitions, criteria for identifying specimen trees, minimum density requirements, requirements for street trees and parking lot trees, critical root zone protection guidelines, a requirement for a certified arborist to identify specimen trees on the tree protection plan, boundary trees, and penalties for tree damage or removal. Mr. Suddreth provided details to those present concerning information which was obtained through discussions with members of the revision committee. Mr. Suddreth stated the committee members feel that concerns brought up during discussion of the revisions have been addressed and that all those involved in the process are supportive of the proposed changes. Mr. Suddreth stated the revisions have been written expressly for the tree maintenance needs of the local community and are not simply an adaptation or synthesis of other existing regulations. Mr. Suddreth stated the revisions will be heard before the Planning and Zoning Board (PZB) soon and a final public hearing is scheduled for the next council meeting. I Council Member Newcomb commended Mr. Suddreth and the members of the revision committee and the City Tree Board for their diligence in working out a revised body of regulations for protecting the City's trees. Council Member Newcomb commented on the dilemma presented by the need for balance between the protection of a very valuable natural resource and the rights of property owners and developers. Council Member Newcomb stated April 7. 2008 2 the proposed revisions will be considered further and a final vote is scheduled for the next council meeting. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. l (B) Public Hearing - Approval of extension of the apartment moratorium Mr. Wright stated the moratorium has been in place for a number of years in order to correct an imbalance which exists in the City between the number of apartment complexes and owner- occupied housing. Mr. Wright stated staff recommends extending the apartment moratorium for an additional 60 days. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Newcomb made a motion to approve extension of the apartment moratorium for 60 days. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (C) Public Hearing - Approval of extension of the 60-day moratorium on the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts 1 and 2 Mr. Wright stated the purpose of this moratorium is to allow staff to revise development standards for Downtown Design Districts 1 and 2. Mr. Wright stated staff recommends extension of the moratorium. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. l MOTION: Council Member Newcomb made a motion to approve extension of the 60-day moratorium on the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts I and 2. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (D) Public Hearing- Approval of extended work hours for the Jonquil Village redevelopment project - Northeast corner of Spring Road and Atlanta Road - AG Armstrong, LLC Mr. Wright stated the developer has requested extension of work hours from 2:00 a.m. until 7:00 p.m. because of various circumstances attendant to the work in progress at the subject location. Mr. Wright stated staff recommends approval of the extension of work hours for this particular project subject to a number of conditions set forth by the City staff. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Anulewicz recognized Mr. Suddreth, and Mr. Suddreth read through the conditions of this request for extension of work hours as follows: I. AG Armstrong shall conduct one "test pour" with the proposed hours of operation on a date to be determined by the Community Development Department. If has been determined that the "test pour" did not impact the surrounding residential property owners, AG Armstrong may continue operating with l 2. April 7. 2008 3 3. extended hours of operation. If at any point, the Department of Community Development determines the extended hours of operation are negatively affecting surrounding property owners, then the Department of Community Development reserves the right to repeal the extended hours of operation. All concrete pouring on-site shall be coordinated with the Department of Community Development. AG Armstrong shall comply with any implementation measures or requirements imposed by the Community Development Department to mitigate the effect of extended work hours on the surrounding residential property owners. AG Armstrong shall create a drop off point that shall eliminate the need for the concrete trucks to back up to unload the concrete. The pouring of concrete shall be the only form of work allowed between the hours of2:00 a.m. and 7:00 a.m. All lights used for the extended business hours shall be directed in a manner not to affect surrounding residential properties. All light shall be kept on-site and shall not escape the perimeter of the site. I 4. 5. 6. I Council Member Anulewicz recognized Mr. Chris Portwood (phonetic) from Hardin Construction Company, and Council Member Anulewicz stated staff has addressed her concerns about this proposal with their conditions of approval. Council Member Lnenicka asked which days of the week the proposed extension would affect, and Mr. Hardin stated the extension would apply to weekdays with no work on Sundays and limited works hours on Saturdays. Mr. Hardin stated earlier work hours will obviate the need for large numbers of heavy concrete trucks on the roadways during normal business hours thereby improving the safety of operations in the affected area. MOTION: Council Member Anulewicz made a motion to approve extended work hours from 2:00 a.m. until 7:00 p.m. on weekdays only for the Jonquil Village redevelopment project at the northeast corner of Spring Road and Atlanta Road for AG Armstrong, LLC subject to conditions as read into the record and agreed upon by the applicant. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (E) Public Hearing- Variance Request V07-061 - Reduction offront setback - 2781 Stone Creek Road - Roscoe Rader Mr. Wright stated this request to build a deck within the front setback was heard by the License and Variance Board (L VB) last October. Mr. Wright stated the request was referred to the city council in response to citizen opposition. Mr. Wright stated the applicant's plan has since been amended to comprise a handicapped - accessible ramp in lieu of a deck-type structure. Mr. Wright stated staff recommends approval of the plan as updated subject to certain conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Smith recognized Mr. Rader, and Council Member Smith summarized the elements of the ramp plan as amended. Mr. Rader expressed agreement to the plan as described by Council Member Smith. Council Member Smith stated the revised plan will require a smaller setback reduction from 35' to approximately 30.' I MOTION: Council Member Smith made a motion to approve Variance Request V07-061 for a reduction of front setback from 35' to 30' at 2781 Stone Creek Road for Roscoe Rader subject to the condition that the applicant follow the revised plan for construction of a ramp at the front of April 7. 2008 4 the structure at the subject location. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (F) Annexation Request - all owners requesting annexation - .33 acre tract - Land Lots 519 and 562, Parcel 23, 17th District, 2nd Section - 1352 Pierce Avenue - Andrew Bennett and Nicole Bennett l Mr. Wright stated staff has reviewed the legal description of the subject property and found it to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Anulewicz stated she is pleased to have Mr. and Mrs. Bennett in Ward 3. MOTION: Council Member Anulewicz made a motion to approve the annexation request for a .33 acre tract in Land Lots 519 and 562, Parcel 23, 17th District, 2nd Section, Cobb County, Georgia at 1352 Pierce Avenue for Andrew Bennett and Nicole Bennett with said property to become a part of Ward 3 of the City of Smyrna with an effective date of May 1, 2008. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. *MOTION: Council Member Lnenicka made a motion to suspend then rules to add item 4 G to the agenda. The motion was seconded by Council Member Smith. Motion to suspend the rules was approved 7 - O. *MOTION: Council Member Lnenicka made a motion to add item 4 G (Public Hearing- Approval to direct the City Administrator to remove the changes to the intersection of East- West Connector and Gaylor Street which prohibit left turns from Gaylor Street onto the East -West Connector) to the agenda. The motion was seconded by Council Member Wood. Motion to add the item to the agenda was approved 7 - O. l *(G) Public Hearing - Approval to direct the City Administrator to remove the changes to the intersection of East- West Connector and Gaylor Street which prohibit left turns from Gaylor Street onto the East -West Connector Council Member Lnenicka provided details to those present concerning work done by Cobb County on the roads in the subject area. Council Member Lnenicka expressed the view that prohibiting left turns from Gaylor Street onto the East -West Connector has significantly affected that location. Council Member Lnenicka reported that business operators in the subject area believe this prohibition on turns has negatively affected customer access there with a corresponding loss of revenue. Council Member Lnenicka stated that efforts to remedy this situation through discussions with County officials have so far been unproductive. Council Member Lnenicka expressed the view that the subject place could be made safe for left turns by installation of a traffic signal. Council Member Lnenicka stated resulting re-routing of traffic has also had an adverse effect on nearby residents as well. Council Member Lnenicka stated evidence indicates traffic accidents are resulting from illegal u-turns in the area. Council Member Lnenicka emphasized the need for prompt action to resolve this matter to mitigate the hazardous driving conditions which he believes currently exist in the subject location. Mayor Bacon provided details to those present concerning his efforts to resolve this matter with County representatives. Mayor Bacon stated this is a public hearing and asked for public comment. l April 7. 2008 5 I Mayor Bacon recognized Mr. Joey Hatchell, and Mr. Hatchell stated he can confirm Council Member Lnenicka's statements on this subject based on his experiences driving in the subject area. Mr. Hatchell expressed the view that continued intransigence by the County in this matter is likely to have dire consequences. Mr. Hatchell stated action to remedy this problem is urgently needed. Mayor Bacon recognized Mr. Ben Railings (phonetic), and Mr. Railings provided details to those present concerning his efforts to observe and document traffic safety problems in the subject area. Mr. Railings stated that motorists making u-turns in the subject area are having a disastrous impact on traffic there. Mr. Railings provided details to those present concerning his efforts to resolve this matter with County representatives. Council Member Wood stated he is in agreement with and in support of what has been said at this meeting regarding this problem. Council Member McNabb stated he is in agreement with what has been said at this meeting regarding this problem and that some resolution is needed soon. Mayor Bacon stated this situation illustrates how important it is to have effective communication with the County government. I MOTION: Council Member Wood made a motion to table indefinitely approval to direct the City Administrator to remove the changes to the intersection of East-West Connector and Gaylor Street which prohibit left turns from Gaylor Street onto the East -West Connector. Motion to table the measure was approved 7 - O. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Reappointment of Mayor's appointee to the Smyrna Housing Authority MOTION: Council Member McNabb made a motion to reappoint Joe Bland to the Smyrna Housing Authority. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (B) Approval of Development Agreement for Belmont Hills TAD project Mr. Wright stated efforts are in progress to try to work out a plan that will allow the owner of Belmont Hills to be reimbursed for some development costs through local tax increments. MOTION: Council Member Wood made a motion to table indefinitely approval of Development Agreement for Belmont Hills TAD project. The motion was seconded by Council Member Smith. Motion to table the measure was approved 7 - O. I (C) Reappointment of members to the Downtown Development Authority MOTION: Council Member Lnenicka made a motion to reappoint Hubert Black, Sean Murphy, Kimberly Gangemi, Jim Pitts, Eric Cash, Doug Stoner, and Larry Freeman to the Downtown April 7. 2008 6 Development Authority for a one-year term ending April 2, 2009. The motion was seconded by Council Member Smith. Motion was approved 7 - O. l COMMERCIAL BUILDING PERMITS: (A) Approval of a commercial building permit for an El Polio Loco Restaurant - 2521 Cobb Parkway - Diversified Commercial Builders, Inc. MOTION: Council Member Pritchett made a motion to approve a commercial building permit for El Polio Loco Restaurant at 2521 Cobb Parkway for Diversified Commercial Builders, Inc. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. MOTION: Council Member Lnenicka made a motion to withdraw item 8 D (Award bid for replacement ladder truck) from the consent agenda. The motion was seconded by Council Member Wood. Motion to withdraw the item was approved 7 - O. CONSENT AGENDA: (A) (B) (C) (E) (F) (G) (H) (I) (J) (K) Approval of March 17,2008 minutes Approval of use of Council Chambers for a meeting of the Williams Park Neighbors on Tuesday, April 15,2008 from 7:00 pm until 9:00 pm Award RFP # 8-0 14-A for the installation of a dry fire suppression system in the 9 I I Center to Fire Systems, Inc. in the amount of $34,950 and authorize the Mayor to execute related contract documents Approval of partial closure of Highlands Parkway on Saturday, April 26,2008 from 8:00 A.M. to 4:00 P.M. for cub scout activity Approve street closings for 2008 Music at the Hall Spring series Thursdays, April 3, 10, 17 and 24, 2008 Approve street closings for 2008 summer concert series in the downtown area on May 17, June 14 and July 12,2008 Approve street closings for Spring Jonquil Festival and Jonquil City Jog on Saturday, April 26 and Sunday, April 27, 2008 Award of bid for Oakdale Road Park Phase II Construction to Sports Turf Company in the amount of $795, I 09 and authorize the Mayor to execute related documents Award of bid for Rose Garden Tennis Court Replacement to E. C. Hall Co. in the amount of $30,946 and authorize the Mayor to execute all related documents Approve an easement and Underground Distribution Construction agreement with the Georgia Power Company for the purpose of installing and maintaining an electrical line at the Senior Aquatic Center and authorize the Mayor to execute related documents l MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. COMMITTEE REPORTS: Mayor Bacon welcomed back Council Members Anulewicz and Newcomb. Mayor Bacon expressed sadness at the recent loss of Mr. AI Cochran, and expressed condolences to Mr. Cochran. Mayor Bacon commented favorably about the late Mr. Cochran's professionalism and civic-mindedness. l April 7. 2008 7 I Council Member Pritchett welcomed back Council Member Newcomb. Council Member Pritchett expressed sadness at the loss of Mr. Cochran and Mrs. Melonie Askarian, the owner of Cafe Michel. Council Member Newcomb stated he is glad to be back to his duties on the city council. Council Member Newcomb shared some of his recollections of the late Mr. Cochran with those present and commented favorably about his experiences working with him. Council Member Anulewicz stated she is glad to be back to her duties on the city council and happy to see Council Member Newcomb again. Council Member Anulewicz expressed condolences to Mr. Cochran and his family for the recent loss of his father. Council Member Anulewicz expressed condolences to the family of Mrs. Askarian, and stated she hopes that the business Mrs. Askarian helped to build can continue to operate. Council Member McNabb welcomed back Council Members Anulewicz and Newcomb. Council Member McNabb reminded everyone that efforts to conserve water must continue. Council Member McNabb commented about the session of the State Legislature which recently concluded. Council Member McNabb expressed the view that many urgent matters were not sufficiently addressed during this session. Council Member McNabb stated this is an election year and it appears that some new leadership is needed at the State Capitol. Council Member McNabb expressed sadness at the loss ofMr. R. J. McCurry and Mr. Al Cochran, and provided details to those present concerning their respective accomplishments. I Council Member Smith reminded those present about the Music at the Hall series this week. Council Member Smith expressed sadness about the loss of Mrs. Askarian and Mr. Cochran. Council Member Smith provided details to those present about some of his recollections of the late Mr. Cochran. Council Member Lnenicka provided details to those present concerning his recent experience as "principal for a day" at Campbell Middle School (CMS). Council Member Lnenicka commented favorably about CMS, and expressed the view that students can enjoy a pleasant and productive education experience there. Council Member Lnenicka expressed sadness at the recent loss of Mr. Mitchell Greeson, Sr. Council Member Lnenicka provided details to those present about the late Mr. Greeson and commented favorably about his character and accomplishments. Council Member Lnenicka expressed sadness at the recent loss of Mrs. Askarian. Council Member Lnenicka stated she was a cheerful and positive person who will be missed. Council Member Lnenicka expressed sadness at the recent loss ofMr. AI Cochran and commented favorably about his dedication, modesty and his many contributions to the community. Council Member Wood expressed condolences to the family of Mrs. Askarian and commented favorably about the contributions to the community she made along with her late husband Amir. Council Member Wood commented favorably about Mr. Al Cochran and shared some of his recollections of him with those present. Council Member Wood stated the loss of Mr. Cochran is a loss to the community . r Mr. Wright expressed condolences to Mr. Cochran and his family for the recent loss of his father. Ms. Hiott stated her thoughts and prayers are with Mr. Cochran and his family during this difficult time. April 7. 2008 Mr. Cochran thanked everyone in the community for their kindness and concern. CITIZENS INPUT: There was none. Mayor Bacon thanked all the City public safety staff and other employees who assisted with Mr. Cochran's funeral procession. ADJOURNMENT: With no further business, the meeting was adjourned at 9: 10 p.m. A. MAX BACON, MAYOR _~'WU>A<) 0 ~ S SAN D. HIOTT, CITY CLERK )A1~ TERI ANULEWICZ, RD 3 ~~~~ CHARLES PETE WOOD, WARD 7 ~j~ I RON NEWCOMB, WARD 2 JtL~BBllr:lJk WADE S. LNENICKA, WARD 6 8 l l l r ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number Land Lot 5 19 & 562 Acres .3 3 2008-3 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 April 7, 2008 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 of the property owners of the 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 I 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. SO ORDAINED by the City Council of the City of Smyrna, this 7th April. 2008. A. Max Bacon, Mayor ~17D. ~ Susan D. Hiott, City Clerk City f Smyrna I I Legal Description of 1352 Pierce Avenue ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 519 & 562 OF THE 17TH DISTRICT, 2ND SECTION, COBB COUNTY, GEORGIA, BEING MORE PARTICULARLL Y DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN PLACED AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF PIERCE AVENUE AND THE WESTERLY RIGHT-OF-WAY LINE OF DAVIS DRIVE (40' RNV), THENCE RUNNING WESTERLY ALONG THE SAID RIGHT-OF-WAY OF PIERCE AVENUE 70.0 FEET TO AN IRON PIN FOUND AT THE TRUE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, THENCE RUNNING SOUTH 140.0 FEET TO AN IRON PIN FOUND; THENCE RUNNING WEST 70.0 FEET TO AN IRON PIN PLACED; THENCE RUNNING NORTH 140.0 FEET TO AN IRON PIN PLACE ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PIERCE AVENUE; THENCE RUNNING ALONG SAID RIGHT-OF-WAY LINE EAST 70.0 FEET TO THE IRON PIN FOUND AT THE TRUE POINT OF BEGINNING. SAID TRACT OR PARCEL OF LAND CONTAINING 0.33 ACRES AND BEING LOT 1, PROPERTY OF HENRY ADAMS SUBDIVISION AS PER PLAT RECORDED IN PLAT BOOK 77, PAGE 16, COBB COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART HEREOF. I r