09-04-2001 Regular MeetingSeptember 4, 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'ciock p.m.
All council members were present. Also present was City Administrator Howard Smith, City
Clerk Kellie Barber, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director
Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director
Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director
Ann Kirk, Human Resources Director 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 flag.
Mayor Max Bacon introduced School Board Representative Kurt Johnston and students from
Griffin Middle School to recite the 2001 Character Education Program. Several students
introduced 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. Sue Brissey 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 HEARINGS:
(A) Annexation Island 45—Land Lots 519, 561 and 562-74.6 Acres —Belmont
Avenue, Pierce Avenue, Davis Drive, Adams Drive, Reed Street, Hawthorne
Avenue, St. Charles Drive-17' District, 2' 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 stated 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 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' District, 2' Section, Cobb County,
GA be tabled until the March 4,2001e 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-171h
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 17' District, 2nd Section, Cobb County,
GA be tabled until the March 4,200L 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-17'hDistrict, 2°d 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 17' District, 2' 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-17'
District, 2" d 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 17' District, 2' 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 comment. 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 comment. 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 comment. There was none.
Garvis Sams, attorney for the applicant and property owner, stated that this variance is being
requested to accommodate BP's smaller convenience store and that the existing property must
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 monument -style sign. Mr. Sams agreed. Councilwoman 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
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 monument -style sign. Mr. Sams agreed. Councilwoman Pritchett made a
motion that the variance request at 2535 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 Village--.221 Acre —Increase the Maximum
Density from 16 to 16.08 Units Per Acre (BS)
Mr. 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 made a motion that the variance request for Meadows of Post Village
.221 acre to increase the maximum density from 16 to 16.08 units per acre be approved.
Councilman Cramer seconded the motion. Motion was approved 7-0.
(J) 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 made a motion that the special land use permit for cellular monopole at
2581 Spring Road be tabled until the October 1, 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 From 3 acres to .9 Acres —Parcel 1 (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 minimum 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.
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-1.0 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 minimum 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 BUSINESS:
(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:
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. Amendment
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 BUILDING 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.
BID AWARDS:
There were none.
CONSENT AGENDA:
(A) Approval of August 20, 2001, minutes
(B) Approval of use for Council Chambers Tuesday, September 11, 2001, from 6:00
p.m. to 9:00 p.m. —Forest Hills Subdivision Homeowner's QH)
(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
Councilman Lnenicka made a motion 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 I I' so that their vote may be included.
Councilwoman Pritchett stated that the next Study 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 1 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.
Councilman 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
With no further business, he meeting adjourned at 9:50 p.m.
A. MAX BACON, M OR KELLIE BARBER, CITY CLERK
MELLENY PRITCHETT, WARD 1 RON NEWCOMB, WARD 2
CK CRAMER, WARD 5
CHARLES PETE WOOD, WARD 7
7
DAMES M. HAW INS, WARD 4
WADE S. LNE I , WARD 6
ORDINANCE NO. 2001-0917A
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE
AMENDED BY REVISING A SECTION TO BE NUMBERED Section 6-118 (6)
PROVIDING FOR THE DISTANCE FROM CERTAIN LOCATIONS OF
ALCOHOL SALES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That the Code of Ordinances of the City of Smyrna, Georgia, be amended by
revising a section to be numbered Section 6-118 (6) to
read as follows:
Within the area defined as Smyrna Central Downtown, a license for the pouring of
distilled spirits or for pouring wine and malt beverages, it shall be 100 feet from a
"~ school, and 100 feet from a church, and no distance requirement from a residence,
park, public building or library.
` APPROVED BY MAYOR AND COUNCIL SEPTEMBER 17, 2001.
ORDINANCE NO. 2001-0917B
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE
AMENDED BY REVISING A SECTION TO BE NUMBERED Section 6-118 (c)
PROVIDING FOR THE DISTANCE MEASURING PROCESS FOR ALCOHOL
SALES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That the Code of Ordinances of the City of Smyrna, Georgia, be amended by
revising a section to be numbered Section 6-118 (c) to
read as follows:
(c)Except as where specifically stated otherwise, the measurement of suitable distance
shall be defined as the measure in lineal feet of the most direct route of travel on the
ground by a pedestrian from the center of the front door of customer entry of the
proposed license premises to the front door of the church, school, public building,
library and/or residence, and the nearest property line of a park. Such travel shall be
measured as a straight line from front door to front door and is required to follow a line
running along the nearest sidewalk or street route; provided that, when a straight line
of travel would not be a customary legal reasonable line of travel because of obstacles
to such travel, the line of travel shall be angled around such obstacles and the distance
shall be the sum of those segments of lines.
APPROVED BY MAYOR AND COUNCIL SEPTEMBER 17, 2001.
ORDINANCE NO. 2001-0917C
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE
AMENDED BY ADDING A DEFINITION OF PUBLIC BUILDINGS TO
SECTION 6-2 DEFINITIONS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That the Code of Ordinances of the City of Smyrna, Georgia, be amended by
adding to section numbered Section 6-2 the following
definition to read as follows:
Public Building means any building owned by a federal, state or local government
entity and used exclusively for federal, state and local governmental functions and/or
purposes.
APPROVED BY MAYOR AND COUNCIL SEPTEMBER 17, 2001.
ORDINANCE NO. 2001-0917D
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE
AMENDED BY REPEALING A SECTION TO BE NUMBERED Section 6-121
APPLICANT AS A GUISE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That the Code of Ordinances of the City of Smyrna, Georgia, be amended by
repealing a section to be numbered Section 6-121 (A) to
read as follows:
(a) No license shall be granted to an applicant if the spouse of the applicant shall not be
able to meet the qualifications of an applicant.
APPROVED BY MAYOR AND COUNCIL SEPTEMBER 17, 2001.
AN ORDINANCE
CITY OF SMYRNA, COBS COUNTY. GEORGIA
ursuant to Ge rc:a Cede -0. Section 40-8-182. and Section 40-6-3 i E 'fie Uniform Ruies of vie road Act. for the local
authorities ;o a er :aw7,:i steed limits. followinc is an ordinance reCU!2tng speed limits fcr tu e c:zr imits within the
County of Cobb
ON SYSTE:111
STATE ROUTE
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IFlovd Drive
1 0.30
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1 25 1
Kennesaw Drive
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I Harold Lane
1 0.50
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King Street
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1 0.30
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1 0.50
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Daniel Drive
1 0.72
1 25
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Highland Drive
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OFF SYSTE'J
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0.55
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C`urcn Rcac
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IConcord C:rc'e
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SSouth Cobb Drive (State Route 280)
CConcord Road
0.45
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Fcilingview Drive
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IErenda Drive
IDead End
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Fcsedale Drive
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IHoneysuckle Drive
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Cld Spring Road
Eurbank Drive
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I Bank Street
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15m,yrra
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Dead End !
0.50
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Sherwood Road
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jF!aza Drive
'Floyd Drive
0.30
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Smyma Hill Drive
iSmyra
'South Cobb Drive (State Route 280)
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(West Cccceria:ke Drive
I 0.30
I 25
Westtrcck Drive
ZFO)
West Cccceriake
Srn r.a
ij 1crh Cooperlake Rcad
West Ccccenake Drive
I
i 0.30
I 25
1
Drive
i
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Wh!tfie d Street
ISmvra
IMaIhews Street
IRcsweil Street
1 0.40
I 25 1
Willcwtrcok DrivelSmyra
(Manson Avenue
Mockinabird Lane
0.50
I 25 1
Wind,/rill Road
Smrvra
133 feet east of Benscn Poole
Atlanta Rcad
1.20
I 40
(Rcad (West Citv Limitsl
Wincy rill Road
Smwra
(Atlanta Road
0.10 miies west of Ccbb ra.nc.ry
I 2.00
I 45 I
(East City Limits)
Wister;a Lane
(Smyrna
IScuth Cobb Drive (State Route
IBrentv+ocd Drive
0.30
25
A0)
INI5C TION - 0 APPROVEONUD
INDICATES NEW ROAD ANNEXATION TO BE APPROVED
SIGNS TO BE ERECTED BY THE CITY OF SMYRNA
Ee it resolved that any person convicted of a violation of this ordinance
shall be punished as provided by law.
All ordinances or part of ordinances in conflict with this ordinance are hereby
repealed.
This ordinance shall become effective when appropriate signs are erected.
ATTESTED:
KELLIE BARBER
CITY CLERK
(;vim,'
DATE
APPROVED:
i
MAYOR
Re,nsed 082301- RLH