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09-02-2008 September 2, 2008 ... September 2. 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 except Council Member Pritchett. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Planner Rusty Martin and representatives of the press. Invocation was given by Pastor Frank McLeod from Hurt Road Baptist Church, followed by the pledge to the flag. MAYOR'S REPORT: Mayor Bacon recognized State Senator Doug Stoner, and Senator Stoner provided details to those present concerning his reelection campaign. Mayor Bacon recognized Mr. Bob Ott, and Mr. Ott provided details. to those present concerning his election campaign for a post on the Cobb County Board of Commissioners. AGENDA CHANGES: There were none. LAND ISSUES/ZONINGS/ANNEXATIONS: - (A) Public Hearing (no vote) - Rezoning Request Z08-005 - R-20 and NS (Cobb County) to NS-Conditional- Northeast corner of Veterans Memorial Highway and Oakdale Road- 6.882 acre tract -Land Lots 177 and 282- RaceTrac Petroleum, Inc. Mr. Wright stated the applicant plans to construct a convenience store and gasoline station at the subject location. Mr. Wright stated staff and the members of the Planning and Zoning Board (PZB) are in support of the request. 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. Martin provided details to those present concerning the plans for the subject tract. Mr. Martin recapitulated conditions of the rezoning request for those present. - Council Member Wood recognized Mr. Garvis Sams, an attorney representing the applicant, and Ms. Leslie Bachelor and Ms. Julie Bowen from RaceTrac Petroleum, Inc. (RTP). Mr. Sams provided details to those present concerning this rezoning and annexation request. Mr. Sams indicated that the conditions of rezoning as discussed by Mr. Martin are acceptable to RTP. Mr. Sams stated an archaeological survey of the subject tract has been conducted which disclosed no architectural or archaeological artifacts. Mr. Sams explained revisions to the site plan for this project including one which will result in a reduced area of impervious surface. Mr. Sams stated that sidewalks, curb and gutter will be built in connection with the proposed plan. Mr. Sams stated that, because part of the subject property falls within the Metropolitan River Protection Act area, the Atlanta Regional Commission will have to review and approve the plan. Mr. Sams recapitulated findings of the staff analysis of this proposal which support approval. Mayor Bacon recognized Mr. Ben Clopper, residing at 6420 Crown Forest Court, and Mr. September 2. 2008 2 Clopper provided details to those present concerning the Mableton Improvement Coalition. Mr. Clopper stated he wants to make certain that any potential plans to build on the undeveloped portion of the subject property will be subject to a public hearing process. Mr. Clopper expressed opposition to several of the variances requested in connection with this rezoning request. Mr. Clopper expressed the view that the subject property is too small for the purpose proposed by RTP. Mr. Clopper expressed opposition to the plan as proposed. -- Mayor Bacon recognized Ms. Roberta Cook, residing at Grayson Point, and Ms. Cook provided details to those present concerning the Riverline Historic Area. Ms. Cook expressed opposition to variances associated with the proposal under consideration. Ms. Cook stated RTP should obtain a larger tract to so that their plan will conform with requirements. Mayor Bacon recognized Mr. Dennis Hays, and Mr. Hays expressed the view that Cobb County has strict guidelines about approval of variances and expressed opposition to the variances associated with this proposal. Mr. Hays expressed the view that the plan under consideration has been hastily drawn up and that the subject property is too small for the purpose proposed by RTP. Mayor Bacon recognized Mr. Brad Galland, residing at Oakdale Bluffs, and Mr. Galland expressed support for the proposal under consideration. Mr. Galland stated he believes that business competition can be beneficial. Mr. Galland commented favorably about RTP and the stores they build. Council Member Lnenicka asked Mr. Sams if RTP is in agreement with all 21 of the conditions of rezoning as discussed and revised, and Mr. Sams answered in the affirmative. - (B) Annexation request - all owners requesting annexation - 6.882 acre tract - Land Lots 177 and 282, 18th District, 2nd Section, Cobb County - Veterans Memorial Highway and Oakdale Road - Dixie Wilson, James Reed, Barbara Hawkins, Mirelle Reed Eichhorn, Barbara Griffith, James Freeman and Racetrac Petroleum, Inc. Mr. Wright stated staff has reviewed the submitted unified legal description of the subject tract and found it to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve annexation request for a 6.882 acre tract in Land Lots 177 and 282, 18th District, 2nd Section, Cobb County at Veterans Memorial Highway and Oakdale Road for Dixie Wilson, James Reed, Barbara Hawkins, Mirelle Reed Eichhorn, Barbara Griffith, James Freeman and Racetrac Petroleum, Inc. to become a part of Ward 7 of the City with an effective date of October 1,2008. The motion was seconded by Council Member Smith. Council Member Newcomb stated he supports this proposal. Council Member Newcomb expressed reservations about prohibiting art frame shops as a use for the subject property. Motion was approved 6 - O. Mayor Bacon stated Council Member Pritchett is presently recovering from surgery. - September 2, 2008 3 ~ (C) Final vote - Rezoning Request Z08-005 Council Member Wood made a motion to approve Rezoning Request Z08-005 from R-20 and NS (Cobb County) to NS-Conditional at the northeast corner of Veterans Memorial Highway and Oakdale Road for a 6.882 acre tract in Land Lots 177 and 282 for RaceTrac Petroleum, Inc. subject to the following conditions: Standard Conditions (items 1,2,3,4,8,9,10,16 and 17 from Section 1201 of the Zoning Ordinance are not applicable) - 1. The storm water detention plan shall be designed to create at least a 10% reduction in a 2-year to 100-year storm event. The City Engineer shall approve all plans. Any retention/detention pond shall be placed and screened appropriately to be unobtrusive to homes adjacent to the develop- ment. 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. 4. No debris may be buried on the subject parcel. 5. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full- cutoff lighting". 6. The developer will comply with the city's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 7. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. There shall be a landscaped front entrance, with monument, indicating the name of the development. 8. All common areas are to be sodded, and landscaped. Irrigate as appropriate. - Special Conditions 9. The development shall maintain the following minimum setbacks: Service Station Parcel Undeveloped Parcel Front - 40' Front - 50' Street Side - 33.4' Side - 15' Side-IS' Rear-30' Rear - 9' Adjoining a Residential Property - 50' 10. Any proposed dumpsters shall be surrounded by a three-sided brick, stone or stucco enclosure with an opaque gate in the front. The lid of the dumpster shall be made of rubber. 11. Any utility boxes, HV AC components, or accessory components to the commercial building shall be screened through the use of landscaping or architectural features from the public right-of- ways and adjoining residential property owners. 12. The developer shall install and maintain a 10' wide landscape buffer along the northern property line of the gas station parcel. Approval for slight deviations (not exceeding 10%) must be approved by the Community Development Director. 13. The developer shall maintain a 25' undisturbed buffer on the undeveloped parcel along the northern property lines that adjoin residential property. If the buffer does not have enough September 2, 2008 4 vegetation to provide an adequate buffer, the developer must fill in the area in accordance to Section 503 of the Zoning Ordinance. 14. The parking lot shall provide landscape islands after every tenth parking space the design of which must be approved by the City of Smyrna. A landscape strip shall also be provided between all head-to-head parking spaces. 15. If the retaining wall exceeds 4' in height, the developer must provide a decorative black aluminum fence at top of the retaining wall for safety purposes. 16. The applicant shall provide inter-parcel access agreement between the gas station parcel and the undeveloped parcel. The subject property shall be limited to one point of ingress/egress along Veterans Memorial Highway. 17. If the developer provides off-site stormwater detention for the gas station parcel, the developer must provide an easement agreement and maintenance agreement prior to the issuance of any development permits. 18. The following uses shall be prohibited on the subject property: . Automotive sales/repair Automobile wash service Boarding and breeding kennels Dry cleaning plants Adult Novelty Stores & Adult Entertainment . Pawnshops and Title Pawnshops . Check Cashing Stores Pool Hall or Arcade . Coin Operated Laundry . Composting Facility · Funeral Homes · Group Homes . Shelter for the Homeless · Tattoo Parlor · Package Store · Art frame shop 19. Approval of the subject property for Neighborhood Shopping shall be conditioned upon the development of the property in substantial compliance with the submitted site plan dated 7/18/08. 20. The applicant shall be bound to the elevations submitted and dated 6/19/08. Approval of any change to the elevations must be obtained from the Director of Community Development. 21. Prior to the issuance of any development permits for the undeveloped site, the developer must first obtain approval for the final design of the site plan and elevations from Mayor and Council and the notice and hearing requirements ofthe Zoning Procedures Act will apply to the request for the permit. Additionally, the Mableton Improvement Coalition will be notified of the request for permit by written notice. - - The motion was seconded by Council Member Newcomb. Motion was approved 6 - 0 PRIVILEGE LICENSE: There were none. ~ September 2, 2008 5 - FORMAL BUSINESS: (A) Adoption of Utility Ordinance Updates Mr. Wright stated the proposed revision will clarify language used in the regulations. Mr. Wright stated staff recommends approval of the revision. MOTION: Council Member Wood made a motion to approve adoption of the updated utility services ordinance. The motion was seconded by Council Member Smith. Motion was approved 6-0. (B) Selection of GASB 45 Trust Attorney Mr. Wright stated Kilpatrick Stockton, LLC has a large employee benefit practice with experience drafting trust plans. Mr. Wright stated staff recommends selection of Kilpatrick Stockton, LLC as the GASB 45 trust attorney. MOTION: Council Member Wood made a motion to approve selection of Kilpatrick Stockton, LLC as the GASB 45 trust attorney. The motion was seconded by Council Member McNabb. Motion was approved 6 - O. (C) Appointment of Ward 3 representative to the Hospital Authority - Council Member Anulewicz made a motion to reappoint Ava Jenkins to another four-year term on the Smyrna Hospital Authority to expire May 1,2012. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of August 18, 2008 minutes (B) Approval of use of council chambers for a meeting of the Heights at Spring Road HOA on Monday, September 29,2008 at 7:00 p.m. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 6 - O. COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. Council Member Lnenicka provided details to those present concerning the rebate program for installation of reduced water use toilets. - Council Member Smith yielded the floor with no report. September 2, 2008 6 Council Member McNabb provided details to those present concerning improvements for Smyrna schools scheduled in connection with the upcoming SPLOST measure. Council Member McNabb expressed support for the proposed SPLOST. - Council Member Anulewicz yielded the floor with no report. Council Member Newcomb yielded the floor with no report. Mayor Bacon provided details to those present concerning the proposed SPLOST measure and expressed support for it. CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 9: 15 p.m. A. MAX BACON, MAYOR ~~ TERI ANULEWICZ , ARD 3 ,..-,. ...... ..?;.....~r ~TiI, wtbs I /. / " ./ ( '...../ .......-/ \...-/ t?~~ ~ cJ~ CHARLES PETE WOOD, WARD 7 .~fJ.~ / S SAN D. HIOTT, CITY CLERK - q.J ~.A-- RON NEWCOMB, WARD 2 WADE S. LNENICKA, WARD 6 - ORDINANCE No. 2008-13 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THA T THE CODE OF ORDINANCES, CHAPTER 102, UTILITIES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY DELETING SECTION 102-10 AND REVISING SECTIONS 102-8, 102-9, AND 102-12 OF SAID CHAPTER TO AFFECT MORE EFFICIENT ADMINISTRATION OF CITY UTILITY SERVICES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 102, Utilities, Sections 102-8, 102-9, 102-10 and 102-12, City of Smyrna, Georgia, be amended to read as follows: Sec. 102-8. Delinquency in payment. All accounts for water, sewer, and sanitation services shall be due and payable as of the billing date. Any account not paid by the last business day of the month in which the bill is sent shall be deemed to be delinquent; provided however, that if any person to whom water, sewer or sanitation services are furnished shall dispute, in writing, the amount of the bill by the last business day of the month, the account in question shall not be considered delinquent until final determination of the disputed claim or account is made by the director of finance or his/her designee. The written dispute shall be submitted to the director of finance or his/her designee who shall make a written determination of the dispute within 14 calendar days from the date the written dispute was received. (Code 1977, S 22-6) - Sec. 102-9. Illegal turn-on of water. Any individual who shall turn on, or cause to be turned on, water service, after the water service has been terminated by the city or prior to establishment of the water service shall pay a $250 reconnection fee prior to connection or reconnect ion of service. (Code 1977, S 22-7) See. 102 1 Q. Water, se'Ner and sanitation service applicatioFls to contain Hnpaid bill c1aHse. (DELETED ENTIRELY) - Sec. 102-12. Remedies available to city in cases of delinquent accounts. (a) If an account for water, sewer, or sanitation services becomes delinquent, the city shall have the option, but not the obligation, to proceed with any or all of the following cumulative remedies against the person to whom the services were rendered: (1) The city shall have the right to refuse or discontinue such services to the property until all delinquent bills and reconnect charges are paid in full. (2) If any application for service is made by an individual as lessee of property where service has been refused or discontinued for nonpayment of delinquent bills, such tenant/applicant must enclose with such application the cost of installation of a new separate meter for such service. (3) In addition to the other remedies, but not by way of limitation, the city shall have the right to proceed for collection of all past due or delinquent accounts for water, sewer, or sanitation services through all legal remedies, including suit at law against the applicant, the owner of the property, or both, jointly and severally. (4) The city shall have the right to disconnect water and sewer services or discontinue sanitation services to any customer who is delinquent more than 20 days in the payment of any utility bill to the city. (Code 1977, S 22-10) ORDINANCE No. 2008-13 - All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 2nd day of September, 2008. A. Max Bacon, Mayor Attest: _,\i ( . I " ,\ [)' V " " . i ')" : I r.l Y-~ _/-"LvJ.a J l/' . / 6 {ij L.C Susan D. Hiott, City Clerk - City of Smyrna - Approved as to form: - 2 ,... ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number 2008-10 Land Lot 177 and 282 Acres 6.882 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 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 ,... 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 2nd September, 2008. day of /~ .J/'/~ y~1 ~f).7fj~ Susan D. Hiott, City Clerk City of Smyrna A. Max Bacon, Mayor ...; ~ u Scott A. Cochran, ~y City of Smyrna ---------. Ordinance #2008-10 - Exhibit "A" OVERALL TRACT "LEGAL DESCRIPTION" ALL THAT TRACT OR PARCEL Of LAND LYING AND BEING IN LAND LOTS 177 AND 282 OF THE 18TH LAND DISTRICT OF THE SECOND SECTION OF COBB COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT FOUND AT THE SOUTHERLY MITERED RIGHT-Of-WAY LINE OF OAKDALE ROAD (VARIABLE RIGHT-Of-WAY) AND THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. 78 A.K.A. VETERANS MEMORIAL PARKWAY (VARIABLE RIGHT-Of-WAY); THENCE ALONG SAID RIGHT-OF-WAY MITER NORTH 210 39' 03" WEST A DISTANCE OF 38.13' TO A CONCRETE MONUMENT FOUND ON THE RIGHT-OF- WAY LINE OF OAKDALE ROAD; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 2201~rSTANCE OF 75.48' TO A POINT; THENCE ALONG A CURVE TO THE LEFT WITH AN ARC LENGTH OF 19.34', A RADIUS Of 434.22', A CHORD BEARING Of NORTH 200 56' 38" EAST, AND A CHORD LENGTH OF 19.34' TO A 1/2" REBAR SET; THENCE ALONG A CURVE TO THE LEFT WITH AN ARC LENGTH Of 104.59', A RADIUS OF 434.22', A CHORD BEARING Of NORTH 120 46' 08" EAST, AND A CHORD LENGTH OF 104.34' TO A CONCRETE MONUMENT FOUND; THENCE NORTH 060 06' 58" EAST A DISTANCE OF 81.03' TO A 1/2" REBAR SET; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 480 15' 10" EAST A DISTANCE OF 482.83' TO A 112" REBAR FOUND; THENCE NORTH 480 42' 42" EAST A - DISTANCE OF 219.55' TO A 112" OPEN TOP PIPE FOUND; THENCE NORTH 480 32' 36" EAST A DISTANCE OF 73.98' TO A 112" OPEN TOP PIPE FOUND; THENCE NORTH 490 33' 52" EAST A DISTANCE Of 89.14' TO A 1/2" OPEN TOP PIPE FOUND; THENCE SOUTH 420 04' 18" EAST A DISTANCE Of 257.69' TO A I" OPEN TOP PIPE AND BRASS DISK FOUND; THENCE SOUTH 45028' 01" EAST A DISTANCE OF 38.49' TO A I" OPEN TOP PIPE fOUND; THENCE SOUTH 420 22' 1 I" EAST A DISTANCE Of 73.34' TO A 112" REBAR FOUND; THENCE SOUTH 470 20' 41" WEST A DISTANCE OF 562.97' TO A 1/2" REBAR SET; THENCE NORTH 37047' 55" WEST A DISTANCE OF 10.73' TO A POINT; THENCE NORTH 400 08' 55" WEST A DISTANCE OF 101.98' TO A POINT; THENCE ALONG A CURVE TO THE LEfT WITH AN ARC LENGTH OF 236.58', A RADIUS OF 1195.92', A CHORD BEARING OF NORTH 480 14' 54" WEST, AND A CHORD LENGTH OF 236.20' TO A CONCRETE MONUMENT fOUND; THENCE NORTH 540 45' 52" WEST A DISTANCE OF 30.93' TO A POINT; THENCE NORTH 56021' 01" WEST A DISTANCE OF 8.88' TO A 1/2" REBAR SET; THENCE NORTH 49013' 23" EAST A DISTANCE Of 30.08' TO A POINT; THENCE NORTH 560 19' 32" WEST A DISTANCE OF 49.97' TO A POINT; THENCE NORTH 580 38' 31" WEST A DISTANCE OF 101.05' TO A POINT; THENCE NORTH 60022' 44" WEST A DISTANCE 81.16' TO A POINT; THENCE SOUTH 22049' 46" WEST A DISTANCE OF 29.25' TO A 1/2" REBAR SET; THENCE NORTH 60046' 31" WEST A DISTANCE OF 23.07' TO A POINT; THENCE NORTH 600 46' 59" WEST A DISTANCE OF 56.33" TO A CONCRETE MONUMENT FOUND AND THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS AN AREA OF 299,802 SQUARE FEET OR 6.882 ACRES MORE OR LESS. -