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03-05-2001 Regular MeetingMarch 5, 2001 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 was City Administrator Howard Smith, City Clerk Candis Joiner, City Attorney Scott Cochran, Community Development Director Chris Miller and representatives of the press. Invocation was given by Reverend Reginald Wilburn of New Union Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized School Board Representative, Curt Johnston who introduced King Springs Elementary School Principal, Ms. Betty Jo Jackson and counselor Ms. Chris Force. Ms. Jackson introduced students Alexis Burton, Joshua Gallagher, Bo Machayo, Nickil Nayee, Christine Uyemura, who presented the character education theme words for March. Mayor Bacon thanked the children and presented each with a gift bag. Mayor Bacon asked Councilman Newcomb to read a proclamation in honor of Mr. Bill Mider. The proclamation was read and presented to Mr. Mider along with a crystal jonquil. Mr. Mider thanked the City of Smyrna and encouraged everyone to volunteer their time. Mayor Bacon thanked Mr. Mider for his commitment to the City of Smyrna. Mayor Bacon introduced Judge Alton Curtis who introduced the 2001 Moot Court Team of Campbell High School and their sponsor Mr. Robert Shaw, and congratulated the team for winning 0 place in the Region tournament. Mr. Shaw thanked Judge Curtis for his invaluable assistance and advice. Mayor Bacon congratulated the team members. Councilman Cramer recognized Smyrna Police Officer Mitch Plumb who thanked the Greater Atlanta Gymnastics Academy for the use of their facilities during the recent police training. Councilman Cramer presented Greater Atlanta Gymnastics representatives Delta de la Fuente, Stephanie Johns and Marge Rogers with a plaque. Ms. de la Fuente invited Mayor and Council to visit their facility. Mayor Bacon recognized Mr. Martin Harris who read a prepared statement supporting the installation of tennis lights at Olde Vinings Mill Subdivision. Mayor Bacon stated that he has met with residents and the adjoining property owners. Councilman Lnenicka stated that he has asked Mr. Cochran to review their request. Mayor Bacon recognized Mr. and Mrs. Brad Hawkins and their children Corey and Taylor, who thanked Mayor Bacon and Council Members for their support following the tragic death of Mrs. Judy Hawkins. Mr. Hawkins thanked the EMT workers, the Smyrna Police Department for the Honor guard and police escort, the Smyrna Fire Department and the citizens of Smyrna. Mayor Bacon recognized Mr. Floyd Millis who stated that the children need a stool when speaking and offered to build a stool for them. Mayor Bacon thanked Mr. Millis. PUBLIC HEARINGS: (A) Privilege License Request —Vehicle for Hire License —Taxi Nacional-2135 South Cobb Drive —New Application. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer stated that this request had been tabled from the February 19, 2001, Council Meeting and that the applicant had been instructed to contact the City of Smyrna's business license department. Councilman Cramer stated that the applicant had not contacted the business license department and made a motion to deny the privileged license request for a vehicle for hire license for Taxi Nacional at 2135 South Cobb Drive. Councilman Hawkins seconded the motion. Motion to deny was approved 7-0. March 5, 2001 2 (B) Annexation Request--1.02 Acres —Cooper Lake Road —Land Lot 330, 17' District, 2' Section, Cobb County, GA. Mr. Smith stated that the annexation request of the applicant, Susan Alvarez, was validated at the February 5, 2001, Council Meeting and that all legal advertisement requirements have been met. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood stated that this small parcel is near Civitania and Cooper Lake Road and that the developer would like to include this additional parcel of property with an existing approved development. **Councilman Wood made a motion to approve the annexation request of 1.02 acres of Cooper Lake Road in Land Lot 330, 17' District, 2nd Section, Cobb County, Georgia to become a part of Ward 7 with an effective date of April 1, 2001. Councilman Cramer seconded the motion. Motion was approved 7-0. [See note under Item (V)]. (C) Privileged License Request —Retail Pouring License (Beer and Wine)—Roaster's- 2997 Cumberland Circle —New Application. Mr. Smith stated that Mr. Steven David Leslie is requesting to be made the registered agent for this establishment and has been given a copy of the Alcoholic Beverage Ordinance. Mr. Smith stated that there the police investigation did not reveal any information that would preclude the issuance of this license. Mayor Bacon stated that this is a public hearing and for public comment. There was none. Councilwoman Capilouto introduced Mr. Leslie who stated that he is the owner of Roasters and that he trains all employees regarding the alcohol ordinance laws. Councilwoman Capilouto made a motion to approve the privileged license request for a retail -pouring license of beer and wine for Roaster's at 2997 Cumberland Circle with Mr. Steven David Leslie as the registered agent. Councilman Newconib'seconded the motion. Motion was approved 7-0. (D) Privileged License Request —Retail Package License (Liquor, Beer and Wine)— Habibollah Liquors, Inc. d/b/a Leroy's Liquor-2230 South Cobb Drive — Ownership and Agent Change. Mr. Smith stated that Ms. Geralyn Gail Burns is requesting to be made the registered agent for this establishment and has been given a copy of the Alcoholic Beverage Ordinance. Mr. Smith stated that the police investigation did not reveal any information that would preclude the issuance of this license. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. ' Councilman Cramer asked Ms. Burns if she understands the City of Smyrna alcoholic beverage ordinance, and Ms. Burns stated yes. Mayor Bacon encouraged Ms. Burns to ask for identification from everyone purchasing alcohol. Councilman Cramer made a motion to approve the privileged license request for a retail package license for liquor, beer and wine for Habibollah Liquors, Inc. d/b/a Leroy's Liquor at 2230 South Cobb Drive with Ms. Geralyn Gail. Burns as the registered agent. Councilman Hawkins seconded the motion. Motion was approved 7-0. (E) Privileged License Request —Retail Pouring License (Beer) —Tomorrow Enterprises, Inc. d/b/a Wing's Pub-1024 Windy Hill Road. Mr. ;Smith stated that Mr. Soo Hong I.ee is requesting to be made the registered agent for this establishment and has been given*a copy of the Alcoholic Beverage Ordinance. Mr. Smith stated that the police investigation did not reveal any information that would -preclude the issuance of this license. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Hawkins asked Mr. Lee if he has held a license to sell alcohol before and Mr. Lee said no. Councilman Hawkins asked Mr. Lee if understands the laws regarding alcohol sales, and Mr. Lee said yes. Councilman Hawkins made a motion to approve the privileged license request for a retail -pouring license for beer by Tomorrow Enterprises, Inc. d/b/a Wing's Pub at 1024 Windy Hill Road with Mr. Soo Hong Lee as the registered agent. Councilman Scoggins March 5, 2001 seconded the motion. Motion was approved 6-0. Councilman Cramer was away during the vote. (F) Variance Request—Walgreen's Parcel —South Cobb Drive. & Windy Hill-1.7 Acres —Reduce Minimum Lot Size from 3 Acre to 1.07 Acre. Mayor Bacon stated that items 3-F through 3-0 are public hearings and asked for public comment. There was none. Councilman Cramer stated that this redevelopment is an exciting project for Ward 5 and that local residents and business owners have expressed excitement with the project. Councilman Cramer introduced Mr. Alderman who stated that he plans to construct the Walgreen's at the intersection of Windy Hill and South Cobb Drive and relocate the Wendy's to the second lot. Mr. Alderman stated that the Champ's BBQ restaurant will remain on its own lot. Councilman Lnenicka asked Mr. Alderman if he would be willing to install brick pavers and Mr. Alderman stated that he would speak with the owner of the property because they are willing to work with the City of Smyrna. Councilman Cramer made a motion to approve the variance request of the Walgreen's Parcel at South Cobb Drive and Windy Hill Road to reduce the minimum lot size from 3 acres to 1.7 acres with the stipulations that the life of this variance only runs to the particular building that is to be built on project and that the applicant agrees to install stamped concrete at the entrance. Councilman Wood seconded the motion. Motion was approved 7-0. (G) Variance Request—Wendy's Parcel —South Cobb Drive and Windy Hill--.97 Acres —Reduce Minimum Lot Size from 3 Acre to .97 Acre. Councilman Cramer made a motion to approve the variance request of the Wendy's Parcel at South Cobb Drive and Windy Hill Road to reduce the minimum lot size from 3 acres to .97 acres with the stipulation that the life of this variance only runs to the particular building that is to be built on project and that the applicant agrees to install stamped concrete at the entrance. Councilman Wood seconded the motion. Motion was approved 7-0. (H) Variance Request —Retail Parcel —South Cobb Drive and Windy Hill—.83 Acres — Allow Retail Parcel to Measure .83 Acre in Size. Councilman Cramer made a motion to approve the variance request of the Retail Parcel at South Cobb Drive and Windy Hill Road to reduce the minimum lot size from 3 acres to .83 acres with the stipulation that the life of the variance runs to the particular building that is proposed to be built on this parcel and the developer agrees to install stamped concrete at the entrance. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (I) Variance. Request—Champ's BBQ Parcel —South Cobb Drive and Windy Hill--.49 Acres -Allow Champ's BBQ Parcel to Measure .49 Acres in Size. Councilman Cramer made a motion to approve the variance request of Champ's BBQ Parcel at South Cobb Drive and Windy Hill Road to reduce the minimum lot size from 3 acres to .49 acres in size with the following stipulations: l.Applicant agrees to landscape the property. 2.Applicant agrees to clean up and screen the dumpster area with wood or mason fencing. 3.Applicant agrees to remove the existing canopy on the structure. 4.Applicant agrees to clean the debris near the rear of the property. 5.Applicant agrees to remove signage on the southern end of the existing structure. 6.Applicant agrees to install stamped concrete at the entrance to the property. 7.The life of the variance runs to the particular building that currently exists on this parcel. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (J) Variance Request—Walgreens' Parcel —South Cobb Drive and Windy Hill —Allow 2 Freestanding Signs on One Parcel. March 5, 2001 Councilman Cramer made a motion to approve the variance request of the Walgreen's Parcel at South Cobb Drive and Windy Hill Road to allow 2 freestanding signs on one parcel. Councilman Wood seconded the motion. Motion was approved 7-0. (K) Variance Request—Walgreens' Parcel —South Cobb Drive and Windy Hill —Allow 2 Wall Mounted Signs on One Parcel. Councilman Cramer made a motion to approve the variance request of the Walgreen's Parcel at South Cobb Drive and Windy Hill Road to allow 2 wall -mounted signs on one parcel. Councilman Wood seconded the motion. Motion was approved 7-0. (L) Variance Request—Walgreens' Parcel —South Cobb Drive Side —Increase Wall Mounted Sign to 89.5 Square Feet. Councilman Cramer made a motion to approve the variance request of the Walgreen's Parcel on the South Cobb Drive side to increase the wall -mounted sign to 89.5 square feet. Councilman Scoggins seconded the motion. Motion was approved 7-0. (M) Variance Request—Walgreen's' Parcel —Windy Hill Side —Increase Wall Mounted Sign to 89.5 Square Feet. 4 Councilman Cramer made a motion to approve the variance request of the Walgreen's Parcel on the Windy Hill Road side to increase the wall -mounted sign to 89.5 square feet. Councilman Scoggins seconded the motion. Motion was approved 7-0. (N) Variance Request —South Cobb Drive and Windy Hill —Reduce Rear Yard Setback to 40 feet. Councilman Cramer made a motion to table the variance request of South Cobb Drive and Windy Hill Road to reduce the rear yard setback to 40 feet to the March 19, 2001, Council Meeting. Councilman Scoggins seconded the motion. Motion to table was approved 7-0. (0) Variance Request—Champ's BBQ—South Cobb Drive —Reduce Required Parking Spaces from 40 to 25. Councilman Cramer recognized Mr. Alderman who stated that 25 parking spaces would be 1 parking space per 100 feet of restaurant floor space and that if needed there is always cross parking with the other parcels. Councilman Cramer made a motion to approve the variance request of Champ's BBQ on South Cobb Drive to reduce the required parking spaces from 40 to 25. Councilman Wood seconded the motion. Motion was approved 7-0. (P) Rezoning Request —Concord Road-9.31 Acres —From R-20 to RAD Conditional. Mr. Smith stated that the applicant, Benchmark Homes, is requesting to rezone 9.31 acres from R-20 to RAD Conditional to develop a 28-lot subdivision. Mayor Bacon stated that this is a public hearing and asked for public comment. City Attorney Cochran administered the oath to those wishing "to speak. Councilman Wood introduced Mr. Kip Berry who stated that Benchmark Homes plans to build a subdivision with a 3.0 units per acre density. Mr. Berry stated that the subdivision will have 3-sided brick or stucco homes, sidewalks, stamped concrete on the driveways and that the homes will cost approximately $400,000.00. Mr. Berry stated that there will be a decorative wall or fence along the property on Concord Road and that the four homes which abut Concord Road will be 4 sided brick. Mayor Bacon asked Mr. Berry if he could brick 4 sides of all the homes, and Mr. Berry said that their consumers would not want to pay for the extra cost. Mayor Bacon recognized Dr. Neil White, 4220 Terrace Court, who stated that he is opposed to the development because of the traffic safety issue on Concord Road. Dr. White stated that he owns property that borders this proposed development and that there is a blind spot on Concord Road where the entrance to the subdivision is proposed. Dr. White stated that the schools are already overcrowded, and the water pressure in this area is very low. 3 Mayor Bacon recognized Mr. Mark Robinson, 207 Concord Road, who stated that he is concerned with the overcrowded schools, traffic congestion and the speed of cars on Concord Road. March 5, 2001 Mayor Bacon recognized Mr. Ronald Walker, 147 Oak Forest.Drive, who stated that he looks forward to this property being developed because the property is currently an eyesore. Mr. Walker stated that he works for Benchmark Homes and lives in Bennett Woods North. Mayor Bacon asked if there are any lots that are going to face other lot's backyards, and Mr. Berry stated that there is one lot that may be affected but that they would try to move it around. Councilman Lnenicka asked Mr. Berry if the common area could be swapped with the lot in question in order to alleviate homes facing backyards, and Mr. Berry said that he would discuss it with the engineers. Councilman Wood stated that last fall Benchmark Homes filed an application for rezoning and annexation of this property with a subdivision of 34 lots and a 3.6 density. Councilman Wood stated that after conversations with neighboring residents Benchmark withdrew their application without prejudice and reapplied with a plan of a 28-lot subdivision with a density of 3.0 units per acre. Councilman Wood stated that he believes this subdivision is consistent with other developments on Concord Road and that the City of Smyrna would address the water pressure issue. Councilman Wood asked Mr. Berry if he is in agreement with the following stipulations. Zoning Stipulations - Concord Road - 9.31 Acres 1. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development of 10 or more homes. 2. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. 3. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 4. All utilities within the development shall be underground. 5. The developer will comply with the City's current tree ordinance and plans shall be submitted to the city arborist for review and comment prior to construction. 6. The protective covenants will require all non-resident property owners to keep the Homeowners Association advised of the current address and phone numbers where they can be reached. 7. There shall be a landscaped front entrance, with monument, indicating the name of the development. Deceleration lands shall be provided at the entrance as required by the City Engineer. 8. All yards and common areas are to be sodded and landscaped. 9. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 10. Each lot shall have four trees replanted per lot - 4 - 3" caliper or 2 - 2" and 2 - 4". The following species of trees may be used: Nuttail Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. In the event that a 12" caliper or larger hardwood tree is saved on a lot, the replanting shall be waived. 11. All streets shall have a sidewalk on at least one side. 12. New homes adjacent to streets outside the development shall be four sided brick, stucco, stone or architectural shakes. 13. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both along the frontage of the development. 14. Developer shall provide a minimum of 20' undisturbed buffer along the frontages of streets outside the development. 15. Developer shall provide at least 200 square feet of common space per lot that shall be controlled and maintained by the Homeowners Association. 16. Developer will provide a decorative pavilion or gazebo with lights and water on the common area. 17. All homes will have a minimum heated space of 2,700 square feet. Mr. Berry stated that he is in agreement with the stipulations. Councilman Wood made a motion to approve the request of Benchmark Homes to rezone the 9.31 acres on Concord Road from R-20 to RAD Conditional with the above listed stipulations. Councilman Cramer seconded the motion. Motion was approved 7-0. (Q) Rezoning Request —Cooper Lake Road —Request to Amend RAD Conditional Zoning by Adding 4 Lots. March 5, 2001 l 6 Mr. Smith stated that the applicant, Ashton Woods, is requesting to add 4 lots to the previously approved subdivision that will give it a density of 3.08. Mayor Bacon stated that items 3-Q through 3-V are inter -related and are public hearings and asked for public comment. There was none. Councilman Wood stated that the applicant has acquired 3 additional parcels since the approval of the original site plan and would like to amend their site plan to include the new parcels. Councilman Wood stated that all existing stipulations would apply to the newly purchased property and that the proposed density of the development would be 3.08 lots per acre with a land use of low density residential. Councilman Wood introduced Mr. Bland who stated that they had not acquired the new parcels until recently and that they will improve the development. Mr. Bland stated that there are 3 other necessary parcels for annexation that are not on tonight's agenda and that this delay is very costly. Councilman Wood stated that there is confusion on the items and made a motion to table the rezoning request of Cooper Lake Road to amend the RAD Conditional zoning by adding 4 lots until the March 19, 2001, Council Meeting, and Councilman Hawkins seconded the motion. Motion was approved 7-0. (R) Rezoning Request-567 Cooper Lake Road-2.10 Acres —From R-20 to RAD Conditional. Councilman Wood made a motion to table the rezoning request of 567 Cooper Lake Road from R.-20 to RAD Conditional until the March 19, 2001, Council Meeting, and Councilman Hawkins seconded'the motion. Motion was approved 7-0. (S) Land Use Change Request-567 Cooper Lake Road--2.10 Acres —From Low Density Residential to Medium Density Residential. Councilman Wood made a motion to table the land use change request of 567 Cooper Lake Road from low density residential to medium density residential until the March 19, 2001, Council Meeting, and Councilman Hawkins seconded the motion. Motion was approved 7-0. (T) Rezoning Request-537 Cooper Lake Road —Rezone from R-20 to RAD Conditional. Councilman Wood made a motion to table the rezoning request of 537 Cooper Lake Road from R-20 to RAD Conditional until the March 19, 2001, Council Meeting, and Councilman Hawkins seconded the motion. Motion was approved 7-0. (U) Rezoning Request--503 Cooper Lake Road —From R-20 To RAD Conditional. Councilman Wood made a motion to table the rezoning request of 537 Cooper Lake Road from R-20 to RAD Conditional until the March 19, 2001, Council Meeting, and Councilman Hawkins seconded the motion. Motion was approved 7-0. (V). Land Use Change Request-503 Cooper Lake Road —From Low Density Residential to Medium Density Residential. Councilman Wood made a motion to table the land use change request of 503 Cooper Lake Road from low density residential to medium density residential until the March 19, 2001, Council Meeting, and Councilman Hawkins seconded the motion. Motion was approved 7-0. **Councilman Wood stated that because the earlier approved annexation (item 3-B) is contingent upon the tabled items, he made a motion to rescind the approval of the annexation of the 1.02 acres on Cooper Lake Road, Land Lot 330, 17" District, 2'' Section, Cobb County, GA. Councilman Cramer seconded the motion. Motion to rescind was approved 7-0. (W) Variance Request —Atlanta Road and Windy Hill —Permit Unspecified Roof Pitch in Place of 6/12 Pitch. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. March 5, 2001 Councilman Hawkins made a motion to table the variance request of Atlanta Road and Windy Hill Road to permit an unspecified_ roof pitch in place of the 6412 pitch, and Councilman r� Scoggins seconded the motion to'table. Motion was approved 7-0. FORMAL BUSINESS: (A) Extension of Contract for Commercial Solid Waste. Mr. Smith stated that the Finance and Administration Committee has recommended extending the contract with Waste Management for two years. Councilman Hawkins stated that there would only be one C.P.I. Increase during this contract extension in December 2001 and recognized Ms. Burrell of Waste Management who stated that there will not be any other C.P.I. Increases. Councilman Hawkins made a motion to extend the contract for commercial solid waste with Waste Management through December 31, 2003. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There was none. BID AWARDS: (A) Bid Award —Human Resources Information System Software Package. Councilman Cramer stated that bids for Human Resources Information System Software Packages were solicited from vendors with five vendors responding. Councilman Cramer made a motion to award the bid for the Human Resources Information System Software Package to Dovetail Group, the low bidder meeting specifications, for a total cost $19,895.00. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Bid Award —Replacement Boiler for Tolleson Pool. Councilman Wood stated that bids for the replacement boiler for Tolleson Pool were solicited from vendors with three vendors responding. Councilman Wood made a motion to award the bid for the replacement boiler for Tolleson Pool to Control Concepts, the low, bidder meeting specifications, for a total cost $16,700.00. Councilman Hawkins seconded the motion. Motion was approved 7-0. (C) Bid Award —Mini Loader for Facilities Division. Councilman Wood stated that bids for the mini loader for the facilities division were solicited from three vendors with two vendors responding. Councilman Wood made a motion to award the bid for the mini loader for the facilities division to Marietta Sentry, the low bidder meeting specifications, for a total cost $28,827.00. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of January 19, 2001, Minutes (B) Approval to Purchase Kustom Signal Smart Model Speed Trailer (C) Approval to Purchase New Windows 2000 Server Councilman Lnenicka made a motion to approve the consent agenda, and Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Mayor Bacon thanked Pastor Wilburn for staying for the entire evening and encouraged everyone to visit the New Union Baptist Church. Mayor Bacon stated that he was happy that Councilman Hawkins was able to attend the meeting tonight after his loss and that Judy meant a lot to her family, her church and Smyrna. Mayor Bacon stated that he will miss Judy. March 5, 2001 Councilman Hawkins thanked the City of Smyrna employees, Mayor and Council and the community for their kindness this past week. ADJOURNMENT With no further business, the meeting adjourned at 10:33 p.m. A. MAX BACON, MAYOR CHARLENE CAPILO TO, WARD 1 ILL SCOGGINS, WA CRAMER, WARD 5 CHARLES PET'E WOOD, WARD 7 CANDIS JOIN , CITY CLERK RON NEWCOMB, WARD 2 MES M. HAWKINS, WARD 4