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September 4, 2001 Council Meeting ~~Rt~ml::>~I:A~ 2001 The regular schequ.leqmeetingofMayor 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 was City Administrator Howard Smith, City Clerk Kellie Barber, City AttorneY.~(:ottCochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public WorksJ)irector Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks.andRecreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Uuman Resources])irector Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Apostle Thomas H. Vincente of Highpoint Christian Tabernacle, followed by the pledge to the tlag. Mayor Max Bacon introduced School Board Representative Kurt Johnston and students from OriffinMiddle School to recite the 2001 Character Education Program. Several students introquced August and Septembers theme words of the month. Mayor Bacon offered his thanks to Dr. Mark Marshall, the new principal of Griffin Middle School, and teacher Jean Weaver who coordinated the evening's events. CITIZENS INPUT~ Representative Collins encouraged citizens to contact their State Senators, the Lieutenant Governor and the Governor in reference to the effects of the new redistricting and reapportionment. Rob Bridges of Charter Communications introduced the new Operations Manager for Charter, Pete Teacum. Ms. Ann Kirk and Ms. Sue13rissey presented the Image Enhancement Award to Sparkles Skating Rink for cleaning and maintaining the property at 666 Smyrna Hill Drive. Mr. Beau Howard thanked the City of Smyrna for its recognition. PUBLIC HEARrJ".lGS: (A) Annexation Islanq45~Land Lots 519,561 and 562~74.6 Acres~Belmont Avenue, Pierce Avenue, Davis Drive, Adams Drive, Reed Street, Hawthorne Avenue, Sf. Charles Drive~ 17th District, 2nd Section, Cobb County, GA. Councilman Scoggins stated that Mr. Cochran has requested that this item be tabled for six months, and the new meeting date will be March 4, 2002. Mr. Cochran stated that he is awaiting a court ruling on another pending annexation case. Mayor Bacon s~ilted that this is a public hearing and asked for public comment. Several citizens had questions in regards to the annexations. Councilman Scoggins stated that any citizen whose property backs up to Windy Hill Road is entitled to annexation into the City and that the Annexation Coordinator would contact these eligible citizens. Councilman Scoggins made a motion that the annexation of Island 45, Land Lots 5 19, 561 and 562 for 74.6 acres on Belmont Avenue, Pierce Avenue, Davis Drive, Adams Drive, Reed Street, Hawthorne Avenue, St. Charles Drive in the 17th District, 2nd Section, Cobb County, GA be tabled until the March 4,200:l..,. Council Meeting. Councilman Cramer seconded the motion. Motion to table was approved 7-0. (B) Annexation Island 46~Land Lot 592~.7 Acre~2585 Old Roswell Road~17th District, 2nd Section, Cobb County, GA Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Scoggins made amotion that the annexation of Island 45, Land Lots 519, 561 and 562 for 74.6 acres on Belmont Avenue, Pierce Avenue, Davis Drive, Adams Drive, Reed Street, Hawthorne Avenue, St. Charles Drive in the 17'h District, 2nd Section, Cobb County, GA be tabled until the March 4,2001.., Council Meeting. Councilman Cramer seconded the motion. Motion to table was approved 7-0. (C) Annexation Island 47-Land Lot 592~. 7 Acre-Old Roswell Road and 392 Roswell Road-17th District, 2nd Section, Cobb County, GA 2 Mayor Bacon stated that this is a public hearing and asked for public con11TIent. There was none. Councilman Scoggins made a motion that the annexation of Island 45, Land Lots 519, 561 and 562 for 74.6 acres on Belmont Avenue, Pierce Avenue, Davis Drive, Adams Drive, Reed Street, Hawthorne Avenue, St. Charles Drive in the 17'h District, 2nd Section, Cobb County, GA be tabled until the March 4,200J-.; Council Meeting. Councilman Cramer seconded the motion. Motion to table was approved 7-0. (D) Annexation Island 48~Land Lot 592~.8 acre~153 Hawthorne Avenue~17th District, 2nd Section, Cobb County, GA Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Scoggins made a motion that the annexation of Island 45, Land Lots 519, 561 and 562 for 74.6 acres on Belmont Avenue, Pierce Avenue, Davis Drive, Adams Drive, Reed Street, Hawthorne Avenue, St. Charles Drive in the 17th District, 2nd Section, Cobb County, GA be tabled until the March 4,2001-; Council Meeting. Councilman Cramer seconded the motion. Motion to table was approved 7-0. (E) Privileged License Request~Vehicles For Hire-Interstate Taxi-461 Pat Mell Road, Marietta, GA (JH) Mayor Bacon stated that this is a public hearing and asked for public conunent. There was none. Applicant Angel Peralta was not present. Councilman Hawkins made a motion that the privileged license request for Interstate Taxi be tabled until the next meeting, September 17, 2001. Councilman Scoggins seconded the motion. Motion approved 7-0. (F) Privileged License Request~C. W. Lee d/b/a Super Giant Foods~3240 South Cobb Drive~Retail Package License (Beer and Wine)~Agent Change (JH) Mr. Smith stated that applicant Young M. Lee is requesting that the license for C. W. Lee Inc. d/b/a Super Giant Foods, 3240 South Cobb Drive, Smyrna, GA 30080 be approved in her name. Mayor Bacon stated that this is a public hearing and asked for public conunent. There was none. Mr. Choi, attorney for Mr. Lee, requested that this application for privileged license request be withdrawn. Councilman Hawkins asked that Mr. Choi submit this withdrawal in writing. (G) Variance Request~2535 Cobb Parkway-Reduce Rear Yard Setback from 30 feet to 5 feet (MP) Mr. Smith stated that the variance request is to reduce the rear yard setback from 30' to 5' to accommodate the proposed convenience store. Mayor Bacon stated that this is a public hearing and asked for public comn1ent. There was none. Garvis Sams, attorney for the applicant and property owner, stated that this variance is being requested to accommodate BP's snlaller convenience store and that the existing property nlust be demolished to achieve this new design. Councilman Lnenicka stated that he is concerned with the existing sight because the current window tinting and merchandise blocking the view from the outside is a danger to the employees inside. Councilman Lnenicka stated that the designs for the new station show a great improvement with visibility. Councilwoman Pritchett requested a stipulation that this variance will run with the life of the building and at such time that this building is ever changed it would revert back to the original requirements. Mr. Sams agreed if the stipulation was specific to a convenience store/gas station. Councilwoman Pritchett also requested a stipulation that the existing pole sign be replaced with a new monunlent-style sign. Mr. SanlS agreed. Councilwonlan Pritchett made a motion that the variance request at 2535 Cobb Parkway to reduce the rear yard setback from 30 feet to 5 feet with the stipulation that the pole sign be replaced with a monument sign and the variance will be for a store/gas station. Councilman Newcomb seconded the motion. Motion was approved 7-0. (H) Variance Request~2535 Cobb Parkway-Reduce the Number of Parking Spaces From 29 to 18 (MP) 3 CouncilwomanPritphett reque&t~da stipulation that this variance will run with the life of the building and at such time that this building is ever changed it would revert back to the original requirements. Mr. Sams agreed if the stipulation was specific to a convenience store/ gas station. Councilwoman Pritchett also r~quested a stipulation that the existing pole sign be replaced with a new monument-style sign. Mr. Sams agreed. Councilwoman Pritchett made a motion that the variance r~questatZ.535 Cobb Parkway to reduce the number of parking spaces from 29 to 18 with the stipulation that the pole sign be replaced with a monument sign and the variance will be for a store/gas station. Councilman Cramer seconded the motion. Motion was approved 7-0. (I) Variance Request~Meadows of Post ViIlage--.22I Acre~Increase the Maximum Density from 16 to 16.08 Units Per Acre (BS) MI'. Smith stated that the variance would enable Post Properties to donate .221 acres to the Greater Zion Hill Baptist Church. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Scoggins stated that this variance would increase the density from 16 units to 16.08 units per acre and would not increase the number of apartments. Councilman Newcomb stated that this would not change the number of units that are currently on the property and that this variance reduces the land mass and increases density. Councilman Scoggins madeltlllotion that the variance request for Meadows of Post Village .221 acre to increase the ma"imum density from 16 to 16.08 units per acre be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (1) Special Land Use Permit Request~Bethel Baptist Church~2581 Spring Road- Cellular Monopole (MP) Councilwoman Melleny Pritchett requested that this special land use permit be tabled until after the Ward Meeting on September 25,2001, in which the location and height of the tower will be discussed. Mayor Bacon stated that this is a public hearing and asked for public comment. Several citizens had questions regarding the cellular tower. Councilwoman Pritchett maOeamotion that the special land use permit for cellular monopole at 2581 Spring Road be tabled until the October I, 2001 meeting. Councilman Newcomb seconded the motion. Motion to table was Approved 7-0. (K) Variance Request~South Cobb Drive and East/West Connector~1.0 acre~ Minimum Lot Size Prom 3 acres to .9 Acres~Parcel I (WL) Mr. Smith stated that South Cobb LLC is proposing to divide an existing 4.35 acres parcel at the northwest corner of South Cobb Drive and the East/West Connector into four smaller tracts for the purpose of development. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Lnenicka introduced Mr. Albert Ashcouti, property owner, who stated that the existing 4.35 acres parcel is divided by an access drive from South Cobb Drive to the remainder of the shopping center and that this access road makes it impossible to have multiple parcels with more than three acres. Mr. Ashcouti stated that he does not intend to sell the individual parcels, but rather lease the land. Mr. Cochran stated that if Mr. Ashcouti wanted to build in phases he would meet the requirements of the ordinance as they are now. Mr. Cochran questioned why a variance is needed. Mayor Bacon recommended that this item be tabled until it is determined whether or not this variance request is necessary. Councilman Lnenicka made a motion to table the variance request at South Cobb Drive and the East/West Connector to reduce lliinimum lot size from 3 acres to 1.4 acres until the September 17,2001, Council Meeting. Councilman Wood seconded the motion. Motion to table was approved 7-0. (L) Variance Request~South Cobb Drive and East/West Connector~ 1 .4 acre~ Minimum Lot Size From 3 acres to 1.4 Acres~Parcel 2 (WL) Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. 4 Councilman Lnenicka made a motion to table the variance request at South Cobb Drive and the East/West Connector to reduce minimum lot size from 3 acres to 1.4 acres until the next meeting, September 17,2001. Councilman Wood seconded the motion. Motion to table was approved 7-0. (M) Variance Request~South Cobb Drive and East/West Connector~ 1.2 acre- Minimum Lot Size From 3 acres to 1.2 Acres~Parcel 3 (WL) Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Lnenicka made a motion to table the variance request at South Cobb Drive and the East/West Connector to reduce minimum lot size from 3 acres to 1.2 acres until the next meeting, September 17, 2001. Councilman Wood seconded the motion. Motion to table was approved 7-0. (N) Variance Request-South Cobb Drive and East/West Connector-I.O acre~ Minimum Lot Size From 3 acres to 1.0 Acres~Parcel 4 (WL) Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Lnenicka made a motion to table the variance request at South Cobb Drive and the East/West Connector to reduce Ininimum lot size from 3 acres to 1.0 acres until the next meeting, September 17, 2001. Councilman Wood seconded the motion. Motion to table was approved 7-0. FORMAL.I?J]~JNESS: (A) City of Smyrna Investment Policy (JH) Councilman Hawkins stated that this policy sets forth the areas in which the City can invest funds. This policy establishes the authority by which this investment can be done. The City has carried out this policy for years and this will only formalize the procedure. Councilman Hawkins recommended that the amendment portion of this policy read as follows: 1. Exemption Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, such monies shall be reinvested only as provided by this policy. 2. Am~)lclmem This Policy shall be reviewed on an annual basis. Any changes must be approved by the Director of Finance and Mayor and Council, as well as the independent auditor. Councilman Hawkins made a motion to approve the City of Smyrna Investment Policy. Councilman Scoggins seconded the motion. Motion was approved 7-0. COMMERCIAL BUIL[)JJ'~y PERMITS: (A) Advanced Manufacturing Services~Nelms Lodge~455 Concord Road (PW) Councilman Wood introduced Mr. McGee of the Nelms Lodge, who stated that the building will be 45 feet wide by 120 feet and the exterior finish will be all brick. Councilman Wood made a motion to approve the building permit for the Nelms Lodge at 455 Concord Road. Councilman Cramer seconded the motion. Motion was approved 7-0. BIPAWARDS_: There were none. CONSENT AGENDA: (A) Approval of August 20, 2001, minutes (B) Approval of use for Council Chambers Tuesday, September II, 2001, from 6 :00 p.m. to 9:00 p.m.~Forest Hills Subdivision Homeowner's (JH) (C) Approval to use Council Chambers Tuesday, September 25,2001 from 7:00 p.m. to 10:00 p.m.~Ward 1 Town Hall Meeting (MP) (D) Surplus Property~Cobb County Auction~Saturday, September 8, 2001 (JH) September 4. 2001 5 Councilman Lnenicka made a n'lotion that the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Hawkins stated that there are two meetings scheduled on September 11, 2001 for the Forest Hills Subdivision, the first meeting at 6:30 p.m. and the second at 7:40 p.m.and that these meetings are for citizen's input on streetlights in their area. Councilman Hawkins stated that any citizen who is unable to attend the meeting is urged to bring their response card to City Hall before September 11th so that their vote may be included. Councilwoman Pritchett stated that the next Srudy Circle meeting will be held Thursday, September 6, 2001 at 7:00 p.m. in the Human Resources conference room and the Taste of Smyrna is Saturday September 15, 2001. Councilwoman Pritchett also reminded everyone of the Ward I Town Hall meeting scheduled for September 25, 2001 from 7:00 p.m. to 10:00 p.m. in the City Hall Council Chambers. Councilman Lnenicka wished his father Bill Lnenicka well after open-heart surgery two weeks ago. CQuncilman Lnenicka stated that any citizen with a concern regarding a dead bird in their yard should contact Cobb County and that the bird must have been dead less than 24 hours to allow for sufficient testing. Councilman Lnenicka supported Ginger Collins' comments earlier regarding reapportionment within the Smyrna district. Councilman Newcomb noted for the record that before this new proposed redistricting Smyrna has two State Senators, three State Representatives and two Congressional Districts. Councilman Cramer offered his thoughts and prayers to Bill and Robin Lnenicka during their recent illnesses. Councilman Cramer reminded all citizens that they can still contribute to the Veteran's Memorial by purchasing bricks. ADJOURNMENT: KELLIE BARBER, CITY CLERK MELLENY PRITCHETT, WARD I RON NEWCOMB, WARD 2