Loading...
03-20-2000 Regular MeetingMarch 20, 2000 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 except Charlene Capilouto were present. Ms. Capilouto was absent due to illness. Also present was City Administrator Howard Smith, City Clerk Candis Joiner, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Colonel Mike Brown, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Coordinator Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Representative Carol Cowan, Community Relations Director Jennifer Bennett, Deputy City Clerk Kellie Barber and representatives of the press. Invocation was given by Miss Carolin Clayton of Campbell High School, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon introduced the men's varsity basketball coach of Campbell High School, Coach James Gwyn. Mayor Bacon stated that he is very proud of the relationship between the City of Smyrna and Campbell High School. Councilman Hawkins read a proclamation in honor of the basketball team's success in the state tournament. Coach Gwyn introduced the following members of the team: Jeff White, Phillip White, Jabar Langford, Adam Wheeler, Cornell Green, Dante Chastain, Mike Stringer, Chris Burnette, Julie Done, Akimba Taylor, Nicolas Bradley, Lamar Kareem, Cornelius Cannon, John Compton, Matt Costello, Brandon Hall, Clay Cox, and assistant coach, Greg Hodge. Mayor Bacon presented the team and cheerleaders with a gift. Coach Gwyn thanked the City of Smyrna for their support of the team and school. Mr. Smith stated that Coach Gwyn was named Coach of the Year and Mike Stringer was named Player of the Year. Mayor Bacon introduced the principal of Campbell High School, Ms. Judy Whaley. Mr. Smith read a proclamation honoring Campbell High School as a Georgia School of Excellence. Ms. Whaley thanked the City for their support. Mayor Bacon presented Ms. Whaley with a plaque congratulating Campbell on being named a Georgia School of Excellence. Mr. Smith stated that Mayor Bacon and Mrs. Bacon was presented with the Martin Luther King Award for Community Service at Campbell High School on March 19, 2000. Mayor Bacon introduced Mr. Curt Johnston who stated that on April 10, 2000 there will be a golf tournament benefiting Campbell High as well as the Jonquil Jog in April. Mr. Johnston also stated that Campbell High School is selling bricks for the Senior Courtyard. Mayor Bacon introduced Juvenile Court Judge, Adele Grubbs who is running for Superior Court Judge. Judge Grubbs commended the Smyrna Police Department for their work with the gang suppression. PUBLIC HEARINGS: (A) Annexation of 14.284 Acres —Land Lots 698 & 699-17`' District, 2"d Section, Cobb County, Georgia. Mr. Smith stated that the petition for annexation was validated on February 21, 2000 and if approved annexation would be effective April 1, 2000. Mayor Bacon stated that March 20, 2000 2 this is a public hearing and asked if there is any opposition to the request. City Attorney Scott Cochran administered the oath to the persons who would be speaking on this issue. Councilman Lnenicka stated that this property was rezoned on March 6, 2000 with no opposition. Mr. Alan MacLamroc of Vinings Glen subdivision stated that he is opposed to the subdivision because the high density development will not allow for any of the mature trees to be saved. Mr. MacLamroc stated that he is also concerned with traffic in this area and asked Council to find another purpose for this property. Mayor Bacon asked Mr. MacLamroc why he did not speak at the zoning meeting and Mr. MacLamroc stated that he was told it would be better for the City to annex this property instead of the property remaining in Cobb County. Mr. Pat Morehouse, Mr. David Gillon, and Mr. Dan Pierce voiced their similar concerns. Councilman Lnenicka stated the developer originally requested 55 lots and the City asked him to reduce the lots to 54 with a common area for the homeowners. Councilman Lnenicka made a motion to approve the request for the annexation of 14.284 acres on land lots 698 and 699 in the 17`h district, 2"d Section of Cobb County Georgia. Councilman Cramer seconded the motion. Councilman Cramer stated that Councilman Lnenicka is very strict with the zonings in his ward and has placed 22 stipulations on the zoning of this property. Councilman Newcomb stated that everyone is concerned with the traffic and trees in our area and Councilman Lnenicka is the best council member in reducing zoning density. Councilman Newcomb stated that he appreciates everyone's concern with the zoning and felt that this zoning is the best alternative in this situation. Councilman Scoggins stated the ideas presented by citizens are taken very seriously and that the Council must look at what is best for everyone. Councilman Hawkins stated that the issue being decided tonight is the annexation of this property and the best result for the citizens of Smyrna is to annex this property. Councilman Wood stated that this Council is concerned about the trees and traffic and the Council must make the best decision for the City of Smyrna. Motion to approve the annexation of 14.284 acres to become a part of Ward 6 effective April 1, 2000 was approved 6-0. Mayor Bacon introduced Mr. Jim Fletcher who asked the City Council to fund a traffic study to try to decrease traffic on Ridge Road and Mayor Bacon stated that a stipulation of the zoning request is that a traffic study be provided by the developer. Mayor Bacon stated that he understands many of the citizens' frustration with traffic and growth problems and invited the citizens to participate in a Growth Strategies Commission. Mayor Bacon introduced Mr. Chris Shields who asked for the City to monitor the construction noise and debris on this new subdivision. (B) Variance Request - 4061 King Springs Road —Reduce Rear Yard Setback from 50 Feet to 15 Feet. Mayor Bacon stated that this item had been tabled from the March 6, 2000 meeting in an effort to allow the developer and homeowners to form an agreement. Mr. Smith stated that the applicant, Mr. Scott Thurmon is requesting this variance in order to build a senior citizens center. Mayor Bacon stated that this is a public hearing and asked if there was opposition to the request. City Attorney administered the oath to the persons who would be speaking on this issue. Councilman Wood introduced Mr. Randy Sauder who represents Mr. Thurmon. Mr. Sauder commended the homeowners and Mr. Thurmon for their diligence in resolving the issue of this variance. Mr. Sauder stated that both Mr. Thurmon and the Homeowners agreed to the following stipulations: Ou �r.r. at� ,u r�.e •...y, / I 1 I I I 1 � I / \� Iry ]Y1 Tl'lIIIQ .W.. s.R m TA CV.'IK. ILf INO Q � 7 VICINITY MAP s. r.1 •R NKpILLLL Pf]OI Vw" K UI .ow4Nr. new IA Itmw[ asA Diaz s( n.osu.o. A ... nwv rr cnoen mor wim� m.K ww w. m ...CMKI[2 savoK /r swan .[ L® /cw OpVJ11RCIb. wR At1 M.lR'.M/ r,iout Imm Iuf as urnm ,w wmsou rm. sr� �tiM. I UK 1.1eL M/1' ALfLIN AA)t� GMK IA/lf+ IVLD U �l L L1FAf ALL U \rr� 4 rr.i"i 1 �� •ry�� Q{ 11n KIdIR .OYL YIR 1W L.wIA G .OJM nxaC /Iql) Ils-IW Gii/ K/• � IQ lNp wa LOI ra I)M rcLs1 WC/M7Y MAP LLL NOTE& ..e,1,.... G.'IrNy • N/eP1L 4L OI1(�N.I�Ol I1P MIM Lnati Yr�OP'I� I.00� � I/i6 � Y.R�7 I YO a��1 s rl 0 ads owls r�M CO"CeqwA-1 rLm ��' nn cwvrur neaw sau r anon .0 . ownrx LVRLe.unav a . Y�f Gaol oc¢ K .�w+.a+ a M H.W W LLJPm /M`I W Rn W R1Ml NO WJ lii I1.LM..�2 1QODi I! MAAO MII R lVm N L1 01111IC110'I WR .YL AI/{itNf W IAY ImO WJ �I 1fl[1LD AIO KO�O�I R6 ■[ WA IY� p 4 PLANT LIST KEY QTY BOTANICAL NAME COMMON NAME SIZE SPACING REMARKS TREES O ,, 7 Acer buergeranum TRIDENT MAPLE o"""%, 18 Crytomerio japonica "Yoshino" YOSHINO CRYPTOMERIA _ _ 40 Pinus virginiono VIRGINIA PINE Ouercus phellos WILLOW OAK SHRUBS 53 Eleognus pungens ELEAGNUS O105 Ilex crenato 'Helleri" HELLERI HOLLY 11 Ilex vomitoria nova" DWARF YAUPON HOLLY �® 43 Ligustrum japonicum WAXLEAF LIGUSTRUM ® 23 Nondina domestics "Atropurpureo nano" DWARF NANDINA GROUNOCOVER 550 Liriope muscari "Silvery Sunproof" VARIGATED LIRIOPE REPLACEMENT DENSITY FACTOR (RDF) ,# SIZE RDF UNITS 7 2" CAL TRIDENT MAPLE = 7 x .5 = 3.5 18 1 " CAL CRYPTOMERIA = 18 x .4 = 7.2 8 7 GAL VIRGINIA PINE = 8 x .4 = 3.2 3 2" CAL WILLOW OAK = 3 x .5 = 1.5 DENSITY CALCULATIONS 15.4 TOTAL RDF UNITS SITE AREA =. 75 Acres DFS = 20 x .75 ACRES = 15 UNI TS EXISTING DENSITY FACTOR (EDF) = 0 UNITS RDF = 15.4 UNI TS 15.4 (RDF) + 0 (EDF) = 15.4 DFS UNI TS PROVIDED 15.0 DFS UNITS REQUIRED 2" CAL 5'-6' HT. 6"-8" HT 3" CAL 3 GAL 6"-0" 0.C. 3 GAL 3"-0 O.C. 3 GAL 3 "— 0 0. C. 3 GAL 5"-0 O.C. 2 GAL 2"-0"" O.C. 4" POT 12" 0.0 CLERK'S CERTIFICATE The undersigned Clerk of the City of Smyrna, DOES HEREBY CERTIFY that the foregoing pages of typewritten matter pertaining to the issuance of Certificates of Participation in the Georgia Municipal Association Pool in the aggregate principal amount of $127,635,000, constitute a true and correct copy of the Resolution adopted on February 7, 2000 , by the City Council on behalf of Lessee in a meeting duly called and assembled, which was open to the public, -and that the original of said Resolution appears of record in the Minute Book of the Lessee which is in the undersigned's custody and control. WITNESS my hand and the official seal of the Lessee, this day of l Clerk; City o=..yma.._ __...._. [City Seal] RESOLUTION A RESOLUTION OF THE City of Smyrna (THE "LESSEE"), AUTHORIZING, INTER ALIA, THE ANNUAL APPROPRIATION OF ALL AMOUNTS REQUIRED PURSUANT TO LESSEE'S PARTICIPATION IN THE POOLED LEASE PROGRAM SPONSORED BY GEORGIA MUNICIPAL ASSOCIATION. DATED: fe,"6 7 Qoo Whereas, Lessee is participating in the Georgia Municipal -Association, Inc. ("GMA") sponsored pooled lease program (the "Program") for the acquisition of equipment to be used by participating political subdivisions of the State of Georgia (the "Equipment"); and Whereas, pursuant to the Program, Lessee entered in to (i) a Lease Agreement Dated as of December 1, 1990 by and between GMA and Lessee (the "Lease") pursuant to which GMA _ leases-ft.,E u pment to -the _Ussee_..an"�ii�_an Administration_and.Servicing_Agm=nt initially --_-_ _ dated as Decembei=l; 199A (t#ie "Servicing Agreement"); acid subsequently amended, among --- — --- First Union National Bank of Georgia, Atlanta, Georgia, as servicer (the "Servicer"), First Union National Bank of Georgia, as Trustee, GMA and each lessee participating in the program (including Lessee), pursuant to which Servicer services the collection and transmittal of payment for the Leases for GMA and transfers the moneys collected pursuant to the Servicing Agreement; and WHEREAS, certificates of participation ("Certificates") have been issued pursuant to a Trust Agreement dated as of December 1, 1990, by and between First Union National Bank of Georgia, as (`Trustee"), and GMA evidencing undivided interests in the Lease payments; and WHEREAS, in connection with the issuance of the Certificates and the creation of the Program, (i) Municipal Bond Investors Assurance Corporation (the "Credit Facility Issuer") issued its financial guaranty insurance policy (the "Policy") and entered into the Reimbursement and Indemnity Agreement by and between the Credit Facility Issuer, The Trustee, the Servicer and GMA (the "Credit Facility Reimbursement Agreement"); (ii) Wachovia Bank ("Bank"), has agreed to purchase Certificates tendered pursuant to tender rights under the Trust Agreement in accordance with the terms of a Standby Purchase Agreement dated as of December 1, 1990, and subsequently amended, by and among the Trust, GMA, the Bank, the Servicer and the Tender Agent (the "Standby Purchase Agreement"); (iii) Chemical Bank serves as tender agent (the "Tender Agent") pursuant to a tender agent agreement dated as of December 1, 1990. and subsequently amended; by and among the GMA, the Trust, the Servicer, and the Tender Agent (the "Tender Agent Agreement"); (iv) BT Securities Corporation and at such time as specified in the Trust Agreement, Chemical Securities Inc., will serve as remarketing agents (referred to collectively hereafter as the "Remarketing Agent"), pursuant to a remarketing agreement dated as of December 1, 1990 by and among the Remarketing Agent, the GMA, the Tender Agent, the Trustee and the Servicer (the "Remarketing Agreement"); and - WHEREAS, pursuant to the Lease Agreement, Lessee is required to appropriate annually the Minimum Annual Appropriated Amount set forth on Schedule A hereof; and WHEREAS, in order to give effect to, and comply with, the foregoing agreements and instruments, and in order to authorize payment of its obligations incurred thereunder (collectively, the "Program Obligations")either (I) the Lessee has available to satisf}-Program Obligations uncommitted and unappropriated funds in this current operating budget in an amount not less than the Minimum Annual Appropriated Amount as set forth in Schedule A or (ii) the Lessee mist amend its current operating budget in accordance with Title 36, Chapter 36-81-5 of the Official Code of Georgia Annotated (the "Code") to authorize the payment of the Program Obligations; and WHEREAS, if required, in order to amend its current operating budget, the Mayor and Council of Lessee have heretofore taken the following actions, all in accordance with Title 36, Chapter 81 of the Code: (i)through the Lessee's budget officer, prepared a proposed amended budget providing for payment of Lessee's Program Obligations in accordance with the requirements of Code Section 38-81-5(b) (the "Amended Budget", a copy of which is attached hereto as Schedule B) which was previously submitted to the Mayor and Council of the Lessee, '= 11_ - .^("1 at the ,time of receipt of the Amended_ Bud et from. the. Lessee's budget o icer• placed a. - ;copy_ of the Amended Budget in a public place: -.in. the. Lessee, -which place is convenient to the - - resident's of the Lessee, (iii) published a notice in the official organ of the Lessee advising residents of the Lessee that the Amended Budget is available for inspection; (iv) conducted a public hearing on the Amended Budget at least one week prior to the date hereof; and (v) taken all other action necessary to effect the foregoing; NOW, THEREFORE, BE IT RESOLVED, as follows: Section I. Confirmation and Reaffirmance of Program Obligations. The Lessee does hereby confirm, ratify and reaffirm all the Program Obligations, including, expressly, the Lease and the Servicing Agreement. Section II. Appropriation: Amendment of Budget. In order to give effect to, comply with, and assume the liabilities associated with, the foregoing approvals, and authorize the expenditure of the amounts required to be expended pursuant to the Lease Agreement and the Servicing Agreement the Lessee does hereby adopt, ratify and approve the Amended Budget attached hereto as Schedule B or commit those portions of the current budget set forth on Schedule B to the payment of the Program Obligations and does hereby appropriate and commit moneys in an amount not less than the Minimum Annual Appropriated Amount to payment of Program Obligations for the current calendar year. Section III. No Personal Liability. No stipulation, obligation or agreement herein contained or contained in the Lease, the Trust Agreement, the Servicing Agreement, the Standby Purchase Agreement, the Tender Agent Agreement, The Remarketing Agreeement, or the Credit Facility Reimbursement Agreement shall be deemed to be a stipulation, obligation or agreement of any councilman, chairman, officer, agent or employee of the Lessee in his or her individual capacity, and no such council member, chairman, officer, agent or employee of the Lessee shall be personally liable on the Certificates or be subject to personal liability or accountability by reason of the issuance thereof. fe Section IV. General Authority. From and after the execution and delivery of the documents hereinabove authorized, the Mayor and the Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of said documents as executed and are further authorized to take any and all further actions and execute and deliver any and all other documents and certificates as may be necessary or desirable to document compliance with -the Code. Section V. Actions Approved and Confirmed. All acts and doings of the officers of the Lessee which are in conformity with the purpose and intents of this Resolution shall be, and the same hereby are, in all respects approved and confirmed. Section VI. Severability of Invalid Provisions. If any one or more of the agreements or provisions herein shall be held contraryto any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining agreements and provisions and shall in no way affect the validity of any of the other agreements and provisions hereof or the Certificates. authorized hereunder.. Section VII. Repealing Clause. All Resolutions or parts thereof the City of Smyrna in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section VII. Effective Date. This Resolution shall take effect immediately upon its adoption. ADOPTED this 7th day of February [CORPORATE SEAL] City of Smyrna Attest: By: Mayor Clerk SCHEDULE A l. City of ^sPco-rutashare ofthe principalamount ofthe GeorgiaMunicipui Association Pool io$3Q4J}07.00. 2. City of8nmyrou`oMinimum Annual Appropriated Amoun1fortbeycureuding December 31, 2000 is $70,965.50, to wit: Interest and, Administrative Expense @ 11.25% $43,200.79 Basic Lease Payments due November 30,200O - - --'' - - Total $70,965.50 SCHEDULE B BUDGET [To BeSupplied by Lessee] Attach either portions of existing budget indicating sufficient amounts or Amended Budget. March 20, 2000 3 1. Lighting: As part of the Project construction, Developer agrees to change or adjust present exterior lighting on Property so that it shall be diverted downward, screened from direct view of bulb, and otherwise diverted away from Homeowners as much as reasonably possible. 2. Entrance: Developer agrees that the Kings Springs entrance to the Property shall have only on sign and it cannot be neon. The landscaped entrance and signage installed shall be in accordance to city code relative to size and style, with plans submitted to, and approved by, the Smyrna City Engineer. Landscape plans shall be prepared by a licensed landscape architect. 3. Nuisance: Developer agrees that as defined by current Georgia law, no "public nuisance" shall be permitted on property so as to unreasonably adversely affect the adjacent Homeowners. This shall include such things as noxious or offensive trades, services, activities, glare, emissions, odors, fumes, smoke, vibrations, dirt, dust, waste, and noise. This provision is not intended, and shall not apply to reasonable, required, necessary, and ordinary construction activity. 4. Curbing: Developer agrees that any new roadways and parking areas will be curbed and properly guttered as may be required by code or the Smyrna City Engineer. 5. Silt Fence and Tree Cutting: Prior to construction Developer agrees to construct any temporary silt fencing along Property lines for tree protection, runoff, or other reason as may be required by the Smyrna City Engineer. Developer agrees to be 100% liable for any tree damage to adjacent Homeowner property resulting from Developer tree removal. 6. Dumpster: Developer agrees to screen any dumpster(s) or outdoor trash receptacles in a manner consistent with city code requirements and community standards. Developer further agrees that the dumpster(s) shall be located behind Developer's building, or if that is not possible, away from the Homeowners towards the opposite side of the property. Screening of the dumpster(s) shall be attractive and consistent with the materials used in the building structure, which may include wood, metal, brick, brick lattice, stone material, or landscaping. Screening walls shall be no less than one foot high above the top of the dumpster(s), the intent being to hide as much as reasonable possible from the view by Homeowners. This provision shall not apply to dumpster(s) used during construction of the facility; however, Developer shall request Contractor to place such dumpster(s) as far as reasonably possible from Homeowners. 7. Construction Material: All buildings constructed by the Developer in connection with the Project shall conform to the guidelines set forth in the South Cobb Overlay District or other Overlay District in Smyrna if Property is located therein, as described in the Smyrna City Zoning Ordinances as amended from time to time. Developer agrees not to install any sheet metal type storage buildings on the Property unless on the opposite side of the Property from Homeowners and reasonably hidden from view by landscaping. 8. Landscaping: Developer shall add new landscaping and trees which shall substantially conform to the Landscaping Plan (the "Plan") which is attached hereto and marked as Exhibit "B" same being incorporated herein by reference. Any material deviation that provides for a lower number of trees and shrubs than shown on the Plan must have prior written approval of a majority of the adjacent members of the Homeowners to the Property that would require legal notice of the variance change. The intent is that a wall of trees and shrubs shall be planted where shown so as to provide reasonable separation and cover of the structure by Homeowners. Developer agrees to replace felled trees on another location of the property with suitable evergreen type tree on a caliper per caliper equivalency to the extent that the separation barrier is reasonably met as required by the Smyrna City Code. Developer agrees that replacement trees shall not be pine trees. March 20, 2000 n 9. Continuing Obligations: Developer and any future owner or their successors of the Project shall be bound by these obligations which may be enforced by the Smyrna City Council. 10. Building Permit: Developer agrees that Project shall be built as generally shown on the attached Exhibit "A 1-5" same being incorporated herein by reference. Any substantial or material deviation from that plan that increases the vertical height or increases the length or width of the proposed structure must be submitted to the Homeowners. Thereafter, Homeowners shall have 7 days to review the changes. If they disapprove of the change, Homeowners shall have reasonable opportunity to voice their opposition to the Smyrna City Council prior to any approval being rendered by Council. 11. Drainage: In consultation with a competent engineer familiar with property drainage, Developer stipulates that he will ensure drainage into the current detention ponds and creek area on the common line between Developer and Homeowners do not experience adverse erosion above and beyond that being normal under current circumstances. 12. Construction Time: Developer agrees that outdoor construction hours shall be during daylight hours. 13. Air Conditioning: Developer agrees that any A/C unit(s) shall be placed as far away as possible from Homeowners and that if they are not behind the structure that protective shrubs shall circle same if they are required to be in light of sight of Homeowners. Developer stipulates that there shall be no outdoor boiler. 14. Delivery Times: Developer stipulates that except for emergency, unexpected or government services that regular ordinary deliveries shall be during normal business hours. Councilman Wood stated that in addition to the stipulations the development must meet all fire safety requirements as required by State, County and City and that this is a development for Senior Citizens which must meet City Zoning Code 1015-1015.1. Mr. Munie thanked the City Council, Mr. Thurmon and Mr. Sauder for their assistance. Ms. Jennifer Farlo of Delmar Gardens stated that she would like for Mr. Thurmon to use consideration during the construction period and asked the City Council to investigate the traffic on King Springs Road, Councilman Wood stated that the traffic on Kings Springs is a dangerous situation and the City Engineer is going to work with the County to make Kings Springs Road safer. Councilman Wood made a motion to approve the variance request of 4061 King Springs Road to reduce rear yard setback from 50 Feet to 15 Feet with the 14 stipulations and Councilman Hawkins seconded the motion. Motion was approved 5-0- 1 (Councilman Lnenicka abstained upon the advisement of the City Attorney because he is on the Board of Directors of Woodland Ridge Assisted Living Facility.) (C) Variance Request —Burger King-2610 Spring Road-2 Signs on One Site. Mayor Bacon stated that the variance request for Burger King at 2610 Spring Road has been withdrawn. (D) Alcoholic Beverage License Request —Sugar Bear, Inc. d/b/a Amoco Food Shop-475 Windy Hill Road —Retail Package License for Beer and Wine. Mr. Smith stated that this request for an alcoholic beverage license is a new application for Mr. Malik Karimi and that Mr. Karimi has been given a copy of the Alcoholic Beverage Ordinance. Mayor Bacon stated that this is a public hearing and asked if there was any opposition to this request. There was none. Councilman Cramer stated that the City of Smyrna will do random sting operations and asked Mr. Karimi to explain his training program regarding the City of Smyrna's Alcoholic Beverage Ordinance. Mr. Karimi stated that he has trained his personnel to ask for identification for each alcohol sale. Councilman Cramer reminded Mr. Karimi that he would be held responsible for any alcohol sales to people under the age of 21 March 20, 2000 5 and Mr. Karimi stated that he understood. Councilman Cramer made a motion to approve the retail package license request for beer and wine of Sugar Bear, Inc. d/b/a Amoco Food Shop with Mr. Karimi as agent on 475 Windy Hill Road and Councilman Hawkins seconded the motion. Motion was approved 6-0. (E) Rezoning Request-911 Wells Circle--.32 Acre from R-15 to G.C. Mr. Smith stated that the applicant is requesting the rezoning in order to expand their business to include this location and that the Planning and Zoning Board support this rezoning request. Mayor Bacon stated that this is a public hearing and asked if there was any opposition. There was none. Mayor Bacon introduced Mr. Garvis Sams who is representing J.D.S. Investments d/b/a Fouts Brothers Trucks. Mr. Sams asked Mayor Bacon if the three requests may be discussed contemporaneously and Mayor Bacon agreed. Mr. Sams stated that the .32 acre is west of the existing Fouts Brothers property and is north of the Public Works building. Mr. Sams stated the only access off of this property is through the existing property and the only purpose of this property is for parking excess truck inventory. Mr. Sams stated that the applicant would like to withdraw the variance request and re -plat the property so that the size of the lot will be adequate. Councilman Cramer made a motion to approve the rezoning request of .32 acre from R-15 to GC of 911 Wells Circle with the stipulations that the property be re -platted in order to meet size requirements and that there be no access to Wells Circle and Councilman Wood seconded the motion. Councilman Newcomb stated that by re -platting of the property, the City is deleting another small parcel of land and asked Mr. Sams what type of buffer the applicant intends to use. Councilman Cramer stated that there is presently a chain link fence in place and Mr. Sams stated that the fence should be adequate. Motion was approved 5- 0-1. (Councilman Scoggins abstained) (F) Land Use Change Request-911 Wells Circle —Low Density Residential to Neighborhood Activity Center. Councilman Cramer made a motion to approve the land use change request for 911 Wells Circle from low density residential to neighborhood activity center and Councilman Newcomb seconded the motion. Motion was approved 5-0-1. (Councilman Scoggins abstained) (G) Variance Request-911 Wells Circle —Reduce Acreage Required for Truck Sales. Mayor Bacon stated that the variance request for 911 Wells Circle has been withdrawn. (H) Rezoning Request-4176 North Cooper Lake Road-3.67 Acres from R-20 to RAD Conditional. Mayor Bacon stated that the rezoning request for 4176 North Cooper Lake Road has been withdrawn without prejudice. (I) Variance Request-4893 Delford Court --Reduce Rear Building Line from 25 feet to 20 Feet at Point of Encroachment. Mr. Smith stated that Ryland Homes is requesting this variance in order to build a home on the lot because of a storm drainage easement. Mayor Bacon stated that this is a public hearing and asked if there was any opposition. There was none. Councilman Wood introduced Mr. Dean Lamb of Ryland Homes who stated that the variance request is necessary due to the shape of the lot and the drainage easement. Councilman Wood stated the Ryland Homes has sent letters to homeowners stating the March 20, 2000 6 necessity of a variance request and there is no opposition from homeowners. Councilman Wood made a motion to approve the variance request for 4893 Delford Court to reduce Rear Building Line from 25 feet to 20 feet at the point of encroachment and Councilman Hawkins seconded the motion. Motion was approved 6-0. (J) Rezoning Request-1108 Fleming Street —Rezone 3 Lots from R-15 to RAD Conditional. Mr. Smith stated the applicant would like to build three homes on the property and the motion from the planning and zoning was to deny the request to rezone. Mayor Bacon stated that this is a public hearing and asked if there was any opposition. City Attorney Scott Cochran administered the oath to the persons who would be speaking on this issue. Councilman Hawkins recognized the applicant, Amy Smiga, who stated that she would like to build three homes on the property. Ms. Smiga stated that if the rezoning request were approved there would be a need for a small fenced detention pond 18 feet wide by 18 inches deep. Councilman Hawkins stated that if approved there would be three curb cuts. Councilman Hawkins asked Ms. Smiga if she has built homes in this area and Ms. Smiga stated that she has not. Mayor Bacon recognized Ms. Judy Adkins of 2630 Hughes Street who stated that she represents the community. Ms. Adkins stated that the community is in opposition to this variance request because they want this plan to conform to the neighborhood. Ms. Jenny Hubbard -Young, Kevin Pfannes, Robert Vickery, Debra Strader, and Betty Panter voiced their similar concerns. Councilman Hawkins made a motion to deny the rezoning request of 1108 Fleming Street and Councilman Cramer seconded the motion to deny. Motion to deny was approve 6-0. (K) Request Land Use Change-1108 Fleming Street —Low Density Residential to Medium Density Residential. Mayor Bacon stated that because the rezoning request was denied, there was no need to address the request for a land use change. (L) Rezoning Request-3110 and 3130 Atlanta Road—R-20 to RAD Conditional. Mr. Smith stated that the applicant wants to develop the 4.20 acres into a sub -division of 18 lots or a density of 4.52 units per acre. Mayor Bacon stated that this is a public hearing and asked if there was any opposition. City Attorney Scott Cochran administered the oath to the persons who would be speaking on this issue. Councilman Hawkins recognized Mr. Starr who stated that this development is in both the City and County and will be similar to the Paces 2000 subdivision that he built. Mr. Starr read a prepared statement describing his credentials and the proposed development. Councilman Hawkins asked Mr. Starr if the streets were going to be public and Mr. Starr answered yes. Councilman Scoggins asked what the price range would be and Mr. Starr stated that the price of the homes should begin in the middle four hundred thousands. Mayor Bacon recognized Mr. Scott Livanec who discussed his concerns regarding the clear cutting of the land and traffic concerns. Mayor Bacon recognized Ms. Martha Livanec who requested a deceleration lane from Atlanta Road to Collier Road and an acceleration lane from Collier Road to Atlanta Road. Councilman Hawkins stated that a traffic light is planned for this intersection and asked if the traffic light would be sufficient? Councilman Hawkins stated that he would ask the City Engineer to conduct a traffic study to determine if additional traffic lanes are necessary. Mayor Bacon recognized Ms. Becky Miller -White who spoke of her concerns regarding storm water runoff, the sewer line location and the detention ponds. Ms. Miller -White March 20, 2000 7 stated that she is concerned with the detention pond as well. Mr. Starr stated that the detention ponds are going to be underground if possible and the sewer lines will connect to the existing Atlanta Road sewer lines. Mr. Starr stated that the sewer lines would not be located on any adjoining property. Councilman Cramer asked Mr. Starr to describe the fence surrounding the rear of the property and Mr. Starr stated that it would be a vinyl coated fence that will be covered in holly. Councilman Lnenicka asked Mr. Starr to investigate the possibility of constructing a deceleration lane similar to the one at Ridge Road. Councilman Hawkins made a motion to approve the rezoning request for 3110 and 3130 Atlanta Road with the following stipulations: 1. Collier Commons will require a mandatory Homeowner's Association. 2. All retention ponds are required to be underground. If unable to place retention ponds underground, the developer must present a landscaping plan to City Council. 3. Storm water retention ponds must hold 110 % of the present normal water now being displaced. 4. The City Engineer must approve all retention pond plans, run-off plans and hydrology studies. 5. All utilities in the development must be underground. 6. All homes will have an exterior finish of brick, stucco or siding. 7. All homes will have a two -car garage in the rear. 8. A decorative brick wall will be constructed along Atlanta Road of similar design and nature to the one built presently on Atlanta Road surrounding Paces 2000. 9. A decorative brick wall will be constructed along Collier Road of similar design and nature to the one built presently on Atlanta Road surrounding Paces 2000. 10. A six-foot vinyl coated fence will be installed around the remaining sides of the property (not Collier or Atlanta Roads). 11. Landscaping as noted in the plan presented to Council will screen a six-foot vinyl coated fence. Holly landscaping will be on both inside and outside (pending approval of adjoining property owner) of fence. 12. A minimum of fifteen feet shall be maintained between all houses. 13. The minimum floor plan will be twenty-four hundred square feet. 14. The development shall not exceed eighteen homes. 15. All streets in the development will be public streets. 16. No sewer line from this development will traverse on any adjoining property. 17. The name "Vinings" can not be used anywhere in this subdivision. Councilman Cramer seconded the motion. Motion was approved 6-0. Councilman Hawkins stated that the City Engineer will study the feasibility of a deceleration lane from Atlanta Road. (M) Request Land Use Change-3110 and 3130 Atlanta Road —Low Density Residential to Medium Density Residential. Councilman Hawkins made a motion to approve the land use change for 3110 and 3130 Atlanta Road from Low Density Residential to Medium Density Residential and Councilman Cramer seconded the motion. Motion was approved 6-0. (N) Rezoning Request-620 Church Street-3.63 Acres from R-15 to RTD Conditional. Councilman Cramer made a motion to table the rezoning request for 620 Church Street to April 3, 2000 and Councilman Wood seconded the motion. Motion to table was approved 6-0. (0) Land Use Change Request-620 Church Street-3.63 Acres from Community Activity Center to High Density Residential. March 20, 2000 8 Councilman Cramer made a motion to table the Land Use Change Request for 620 Church Street to April 3, 2000 and Councilman Wood seconded the motion. Motion to table was approved 6-0. (P) Alcoholic Beverage License Request —Ruby Tuesday-3197 South Cobb Drive —Retail Pouring License (Liquor, Beer, Wine). Mr. Smith stated that Mr. Burgess is requesting to be authorized as the agent for 3197 South Cobb Drive Ruby Tuesday's and that Mr. Burgess has been given a copy of the Alcoholic Beverage Ordinance. Mayor Bacon stated that this location has an existing Alcoholic Beverage License and that there has not been any problems at this location. Mayor Bacon stated that this is a public hearing and asked if there was any opposition to this request. There was none. Councilman Hawkins asked Mr. Burgess if he was familiar with the City Ordinances regarding alcohol sales and Mr. Burgess stated that he was. Mr. Burgess stated that Ruby Tuesday's has a good relationship with the Smyrna Police Department and that Ruby Tuesday's has a training program that begins the with the date of hire. Councilman Hawkins stated that the Smyrna Police Department conducts random sting operations and Mr. Burgess stated that this was not a problem because they are very strict with their alcohol sales. Councilman Hawkins stated that there is no reason to deny Mr. Burgess an alcoholic beverage license and made a motion to approve the retail pouring license for beer wine and alcohol at Ruby Tuesday at 3197 South Cobb Drive with Mr. Gary Burgess as the agent. Councilman Newcomb seconded the motion. Motion was approved 6-0. (Q) Alcoholic Beverage License Request —Cost Plus, Inc. d/b/a Cost Plus World Market-2530 Cumberland Blvd. —Retail Package License (Beer, Wine). Mr. Smith stated that this is a new application for the applicant, Cost Plus World Market and that Ms. Maggie Joyce Durden has been given a copy of the Alcoholic Beverage Ordinance. Mayor Bacon stated that this is a public hearing and asked if anyone is in opposition. There was none. Councilman Newcomb asked Ms. Durden to describe the Cost Plus World Market and Ms. Durden stated that the establishment will be a specialty market which sells items imported from around the world as well as imported beer and wine. Councilman Newcomb stated that this is the first Cost Plus World Market in Georgia. Councilman Newcomb asked Ms. Durden if she was familiar with the City Ordinances regarding beer and alcohol sales and Ms. Durden stated that she is. Councilman Newcomb stated that the City would do undercover sting operations to deter underage sales of alcohol and Ms. Durden stated that she is aware of this. Councilman Newcomb advised that she is responsible if a clerk sells alcohol to a minor and Ms. Durden stated that she understood. Ms. Durden stated that each cashier must sign a form each day that the cashier is aware of the birth date allowed to purchase alcohol. Councilman Newcomb stated that the police report showed no reason to deny the request and Councilman Newcomb made a motion that the retail pouring license for beer and wine for Cost Plus World Market at 2530 Cumberland Parkway be approved with Ms. Maggie Joyce Durden as the agent and Councilman Wood seconded the motion. Motion was approved 6-0. FORMAL BUSINESS: (A) Emergency Telephone 911 Resolution. u Mr. Smith stated that there is a surcharge for the 911 system and the resolution must be renewed each year. March 20, 2000 9 Councilman Lnenicka read the Emergency Telephone 911 Resolution and made a motion to approve the Emergency Telephone 911 Resolution. Councilman Wood seconded the motion. Motion was approved 6-0. (B) Approval of Telecommunications Franchise Agreement —City of Smyrna and Level III Communications. Mr. Smith stated that Andy Macke of GMA has negotiated the Telecommunications Franchise Agreement between the City of Smyrna and Level III Communications. Councilman Hawkins stated that the City contracted GMA attorney Andy Macke to assist with the telecommunication negotiations. Mr. Macke stated that Level III would be compensating the City with three percent of their gross earnings within City limits. Mr. Macke introduced Ms. Schwartz of Level III who stated that she looks forward to working with the City. Councilman Hawkins made a motion to approve the Telecommunications Franchise Agreement between the City of Smyrna and Level III Communications. Councilman Wood seconded the motion. Motion was approved 6-0. (C) Approval of Telecommunications Right of Way Agreement —City of Smyrna and Media One. Mr. Smith stated that Mr. Macke assisted with the telecommunication negotiations between the City of Smyrna and Media One. Mr. Smith stated that Media One will be paying the City to run a line to their corporate headquarters. Councilman Hawkins asked Mr. Macke to describe this right of way agreement and Mr. Macke stated that this right of way agreement is for internal communications only. Mr. Macke stated that Media One will be paying five dollars per linear foot to lay fiber optic cable from Oakdale Road to Highland Parkway. Councilman Hawkins made a motion to approve the right of way agreement between the City of Smyrna and Media One and Councilman Wood seconded the motion. Motion was approved 6-0. (D) Authorize Mayor to Execute Agreement and Any Document Incident Thereto — City of Smyrna and Metricom. Mr. Smith stated that Metricom is a wireless communications company. Councilman Hawkins introduced Mr. Ken Rozanski of Metricom who described Metricom. Councilman Hawkins made a motion to authorize the Mayor to execute the Agreement and any document incidents thereto between the City of Smyrna and Metricom. Councilman Scoggins seconded the motion. Motion was approved 6-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of the March 6, 2000 Minutes. (B) Approval of Bid Amendment for 1312 West Spring Street. (C) Approval to Request Bids for Replacement Equipment for Public Works. (D) Approval to Purchase Three Crown Victoria Police Package Vehicles under State Contract #080381-070-8000-0001. March 20, 2000 10 (E) Approval to Purchase Thirty -Five Copies of Easy Street Draw Software and One Easy Street Users Guide. Councilman Lnenicka made a motion to approve the consent agenda and Councilman Cramer seconded the motion. Motion was approved 6-0. COMMITTEE REPORTS: Councilman Newcomb stated that Mr. Broyles mother is ill and sends good thoughts and prayers to him. Councilman Scoggins recognized Ms. Kirk who gave the BFI recycling hotline number to the public. Ms. Kirk stated that some large stones are being placed along the side of the duck pond to help alleviate the erosion. Councilman Cramer congratulated Ms. Kirk on completing her training. Ms. Kirk stated that the City of Smyrna was awarded first place in the State of Georgia government category for the minimization of the impact of solid waste on communities. Ms. Kirk thanked all the departments for making this award possible. Councilman Hawkins stated there was no report from Finance this evening. Councilman Cramer stated there was no report from Human Resources this evening. Councilman Lnenicka introduced Chief Hook who stated the Department of Justice has published a booklet on crime scene investigation that gives credit to Larry Wood, Detective Major Case Unit of the Smyrna Police Department. Chief Hook also commended Officer Hegwood and Officer Bennett for their seizure of a large shipment of marijuana. Chief Hook stated that the jail population has decreased to an average of 25 people a day and that since January 1, 2000, 230 people have been arrested on warrants. Councilman Wood introduced Ms. Jennifer Bennett who stated that the Jonquil Festival will be held on April 29 and April 30 and the Jonquil City Jog, which benefits Campbell High School, will be held on April 29. Councilman Wood introduced Mr. Michael Seigler who stated that February had the highest monthly attendance ever with 18,819 visitors. Mr. Seigler stated that National Library Week is April 9-15 and the Library will be conducting contests. Mr. Seigler announced that the Friends of Library dinner is scheduled for April 15. ADJOURNMENT With no further business, the meeting adjourned at 11:10 p.m. March 20, 2000 11 A. MAX BACON, MAYOR CANDIS JOINER, CITY CLERK rii--il � "-k) CHARLENE CAPILO TO, WARD 1 "' I"'F/A i i�' &14:p - CHARLES PETE WOOD, WARD 7 RON NEWCOMB, WARD 0. JAES M. HA KINS, WARD 4