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09-17-2001 Regular MeetingSeptember 17, 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 except Councilwoman Pritchett were present. Councilwoman Pritchett was absent due to longstanding prior commitment. Also present was City Administrator Howard Smith, Deputy City Clerk Kristy DeSautell, 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. City Clerk Kellie Barber was absent attending training. Invocation was given by Pastor Lee Delbridge of Smyrna Christian Church, followed by the pledge to the flag. Mayor Bacon stated that our thoughts and prayers are with the victims of the tragedy in New York and their families. Councilman Cramer read a Proclamation in recognition of Public Safety Week and presented it to Chief Hook and Chief Williams. Chief Williams recognized Sue Brissy for the jar of change her grandchildren donated to the firefighters of New York and stated that the Smyrna Firefighter Boot Donation Fund raised $16,500.00 on Saturday and $17,800.00 on Sunday for the New York Firefighters Relief Fund. Chief Williams introduced Dave Le Boutillier and Stephanie Lane from Odd I See Ink printing company, who are donating 50,000 bumper stickers. The stickers will be sold for $2.00. All proceeds will go to the New York Firefighters Relief Fund. Councilman Cramer stated that several members of the Smyrna Police and Fire Departments would be recognized at the Public Safety Breakfast on October 1, 2001. CITIZENS INPUT: Councilman Lnenicka introduced Bob Fink of Ridgeview Institute. Mr. Fink stated that Ridgeview plans to add a building to the campus and stated that there has been a misunderstanding among citizens in the community about the location of this building. Mr. Fink explained that the plans were not yet final, and he would speak to any citizen who had questions regarding the addition. PUBLIC HEARINGS: (A) Variance Request —South Cobb Drive and East/West Connector—. 9 Acre —Reduce Minimum Lot Size From 3 Acres to .9 Acre —Parcel 1 Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Lnenicka stated that this variance request was tabled on September 4, 2001 because there was some question as to whether a variance request is necessary. Councilman Lnenicka stated that it has been determined that this variance is not required. Councilman Lnenicka made a motion to withdraw the variance request of South Cobb Drive and East/West Connector .9 acre to reduce the minimum lot size from 3 acres to .9 acre with a stipulation that if this property is to be divided in the future, the property owner would divide it so that no parcel was less than 1 acre in size and that all fees be refunded. Councilman Hawkins seconded the motion. Motion to table was approved 6-0. (B) Variance Request —South Cobb Drive and East/West Connector-1.4 Acres — Reduce Minimum Lot Size From 3 Acres to 1.4 Acres —Parcel 2 Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Lnenicka stated that this variance request was tabled on September 4, 2001 because there was some question as to whether a variance request is necessary. Councilman Lnenicka stated that it has been determined that this variance is not required. Councilman Lnenicka made a motion to withdraw the variance request of South Cobb Drive and East/West Connector .9 acre to reduce the minimum lot size from 3 acres to 1.4 acres with a stipulation that if this property is to be divided in the future, the property owner would divide September 17, 2001 it so that no parcel was less than 1 acre in size and that all fees be refunded. Councilman Hawkins seconded the motion. Motion to withdraw was approved 6-0. (C) Variance Request —South Cobb Drive and East/West Connector-1.2 Acres — Reduce Minimum Lot Size From 3 Acres to 1.2 Acres —Parcel 3 Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Lnenicka stated that this variance request was tabled on September 4, 2001 because there was some question as to whether a variance request is necessary. Councilman Lnenicka stated that it has been determined that this variance is not required. Councilman Lnenicka made a motion to withdraw the variance request of South Cobb Drive and East/West Connector .9 acre to reduce the minimum lot size from 3 acres to 1.2 acres with a stipulation that if this property is to be divided in the future, the property owner would divide it so that no parcel was less than 1 acre in size and that all fees be refunded. Councilman Hawkins seconded the motion. Motion to withdraw was approved 6-0. (D) Variance Request —South Cobb Drive and East/West Connector-1.0 Acre — Reduce Minimum Lot Size From 3 Acres to 1.0 Acre —Parcel 4 Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Lnenicka stated that this variance request was tabled on September 4, 2001 because there was some question as to whether a variance request is necessary. Councilman Lnenicka stated that it has been determined that this variance is not required. Councilman Lnenicka made a motion to withdraw the variance request of South Cobb Drive and East/West Connector .9 acre to reduce the minimum lot size from 3 acres to 1.0 acres with a stipulation that if this property is to be divided in the future, the property owner would divide it so that no parcel was less than 1 acre in size and that all fees be refunded. Councilman Hawkins seconded the motion. Motion to withdraw was approved 6-0. (E) Privileged License Request —Vehicles For Hire —Interstate Taxi-461 Pat Mell Road, Marietta, GA Mr. Smith stated that Mr. Angel Peralta is requesting to be made the registered agent for Interstate Taxi at 461 Pat Mell Road, Marietta, Georgia. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Hawkins asked Mr. Peralta if he has the adequate insurance coverage on his vehicles that the City of Smyrna requires. Mr. Peralta stated that he does have sufficient coverage. Councilman Hawkins made a motion that the privileged license request for Interstate Taxi at 461 Pat Mell Road, Marietta, GA be approved. Councilman Scoggins seconded the motion. Motion approved 6-0. (F) Annexation of Property —Land Lot 333 and 334-2.61 Acres-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 Wood made a motion that the annexation request of the 2.61 acres Land Lot 333 and 334, 17' District, 2' Section, Cobb County, GA be tabled until the October 1, 2001, Council Meeting. Councilman Cramer seconded the motion. Motion to table was approved 6- 0. (G) Privileged License Request —Hollywood Sports Center II-3240-L South Cobb Drive —Retail Pouring (Liquor and Beer) —New Agent —Leh Jyi Suen Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Hawkins made a motion that the privileged license request for Hollywood Sports Center Il, 3240-L South Cobb Drive, retail pouring license be tabled until the October 1, 2001, Council Meeting. Councilman Newcomb seconded the motion. Motion to table was approved 6-0. September 17, 2001 (H) Rezoning Request —Ashton Atlanta Residential-35.8 Acres —From GC and LI to TD Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood made a motion that the rezoning request for Ashton Atlanta Residential, 35.8 acres, from GC (General Commercial) and LI (Light Industrial) to TD (Townhouse Development) be tabled until the October 1, 2001, Council Meeting. Councilman Lnenicka seconded the motion. Motion to table was approved 6-0. (I) Land Use Change Request —Ashton Atlanta Residential-35.8 Acres —From Industrial Compatible and Redevelopment to Medium Density Residential Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood made a motion that the land use change request of Ashton Atlanta Residential, 35.8 acres, from Industrial Compatible and Redevelopment to Medium Density Residential be tabled until the October 1, 2001, Council Meeting. Councilman Lnenicka seconded the motion. Motion to table was approved 6-0. FORMAL BUSINESS: (A) Ordinance Amendment to Alcohol Ordinance —Section 6-118(b6 and c) Mr. Smith stated that this proposal would change the distance requirements in regards to obtaining a pouring license in the area defined as the Smyrna Central Downtown. Councilman Hawkins stated that due to the compact nature of the new retail downtown, businesses are going to be closer together and this amendment will reduce the distance requirements for the pouring of alcohol. The new Section 6-118(b6 and c) will read as follows: (b6) 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. (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. Councilman Hawkins made a motion to approve the ordinance amendment to Alcohol Ordinance —Section 6-118(b). Councilman Cramer seconded the motion. Motion was approved 6-0. (B) Ordinance Amendment to Alcohol Ordinance —Section 6-2 Mr. Smith stated that the Alcohol Ordinance used the term "public building" but this term is not defined in the list of definitions, and this definition is needed for clarification. Councilman Hawkins stated that Mr. Cochran recommended the clarification of Public Building definition should 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. September 17, 2001 Councilman Hawkins made a motion to approve the ordinance amendment to Alcohol Ordinance —Section 6-118(b). Councilman Cramer seconded the motion. Motion approved 6- 0. (C) Validate Petition to Annex-1.48 Acres —Cooper Lake Drive and Daniel Street - Land Lots 674 and 695-17' District, 2nd Section, Cobb County, Georgia LEGAL DESCRIPTION All that tract or parcel of land lying and being in Land Lots 674 & 695, 17' District, 2' Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the north right-of-way of Daniel Street (30' R/W) and the south right-of-way of Cooper Lake Drive (60' R/W), go thence along the southern right-of-way of Cooper Lake Drive N51*20'52"E for a distance of 90.29' to a point; go thence along the southern right-of-way of Cooper Lake Drive N57*04'54"E for an arc distance of 194.14' and a chord distance of 193.82; go thence along the southern right-of-way of Cooper Lake Drive N61*22'59"E for an arc distance of 101.50' and a chord distance of 101.49' to a point' go thence along the southern right-of-way of Cooper Lake Drive N74*26'48"E for a distance of 51.04' to a point; go thence S20*17'55"E for a distance of 157.78' to a point; go thence S46*37'39"W for a distance pf 97.30' to a point; go thence N20*17'54"W a distance of 40.00' to a point; go thence S69*42'06"W a distance of 115.02' to a point' go thence S44*49' 17"W a distance of 105.01' to a point on the north right-of-way of Daniel Street (30' R/W); go thence along the north right-of-way of Daniel Street N78*29'58"W for a distance of 59.63' to a point' go thence along the north right-of-way of Daniel Street N77*56' 10"W for an arc distance of 63.39' and a chord distance of 63.39' to a point' go thence along the north right-of-way of Daniel Street N76*55'51"W a distance of 92.87 to the POINT OF BEGINNING. Councilman Lnenicka made a motion to validate the petition for annexation of the 1.48 acres at Cooper Lake Drive and Daniel Street, Land Lots 674 and 695 and set the public hearing date for October 15, 2001. Councilman Cramer seconded the motion. Motion approved 6-0. (D) Approval to Authorize Mayor to Sign Contract with Willmer Engineering Inc. — Materials Testing and Storm Water Monitoring for the Market Village Councilman Hawkins made a motion to authorize the Mayor to sign a contract with Willmer Engineering Inc. to perform materials testing and stormwater monitoring for the Market Village. Councilman Newcomb seconded the motion. Motion was approved 6-0. (E) Appoint Smyrna Housing Authority Member for Ward 3 Councilman Scoggins introduced Mr. Bill Strickland and made a motion that he be appointed the new Smyrna Housing Authority Member for Ward 3. Councilman Newcomb seconded the motion. Motion was approved 6-0. (F) Re -Appoint Parks and Recreation Commission Members for Ward 4 and Ward 5 Councilman Hawkins introduced Ms. Karen Kirk and made a motion to re -appoint her as the Parks and Recreation Commission Member for Ward 4. Councilman Scoggins seconded the motion. Motion was approved 6-0. Councilman Cramer made a motion to table the re -appointment of Parks and Recreation Commission Member for Ward 5 till the October 2, 2001, Council Meeting. Councilman Lnenicka seconded the motion. Motion to table was approved 6-0. (G) Speed Limits throughout the City of Smyrna Councilman Lnenicka stated that the City of Smyrna is required by State Law to update the list of roads that are being controlled and this list must be amended annually and forwarded to the Department of Transportation. Councilman Lnenicka made a motion to authorize the Mayor to sign an Ordinance regulating speed zones in the City of Smyrna. Councilman Cramer seconded the motion. Motion was approved 6-0. (H) Repeal Smyrna Ordinance Section 6-121(a) Applicant as a Guise. Mr. Smith stated that Mr. Cochran recommended that Section 6-121(a) be repealed because it duplicates Section 6-121(b). Councilman Hawkins stated that the proposed deletion of Section 6-121(a) reads as follows: September 17, 2001 G (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. Councilman Hawkins made a motion to repeal Smyrna Ordinance Section 6-121(a) Applicant as a guise. Councilman Cramer seconded the motion. Motion approved 6-0. (I) Validate Petition to Annex 3.4 acres-4567 Lois Street, 4579 Lois Street, 4557 Lois Street and 4581 Lois Street, Land Lot 692, 17' District, 2' Section, Cobb County, Georgia LEGAL DESCRIPTION All that tract or parcel lying and being in Land Lot 692 of the 171h District, of Cobb County, Georgia, and being more particularly described as follows: Starting at a point of beginning formed by an iron pin 400' south of Main Street right-of-way on the east side of Lois Street corner of Land Lot 534 and the southwesterly corner of Land Lot 547. Thence running S 85*59'53" E a distance if 446.98' to the centerline of the creek, running thence S 18*35'02" W a distance of 2.90' along the centerline of the creek to a point, running thence S 02*09'32" E a distance of 59.18' along the centerline of the creek to a point, running thence S38*29' 19" E a distance of 27.42' along the centerline of the creek to a point, running thence S43*39'49" W a distance of 27.55' along the centerline of the creek to a point, running thence S13*57'06"E a distance of 19.13' along the centerline of the creek to a point, running thence S 45*18'56"W a distance of 34.63' along the centerline of the creek to a point, running thence N41*46'50"W a distance of 19.68' along the centerline of the creek to a point, running thence N06*39' 14"E a distance of 17.84' along the centerline of the creek to a point, running thence N63*31"07"W a distance of 19.55' along the centerline of the creek to a point, running thence S05*28'30"E a distance of 58.23' along the centerline of the creek to a point, running thence S29*48'47"W a distance 30.84' along the centerline of the creek to a point, running thence S05*40'03"E a distance of 53.64' along the centerline of the creek to a point, running thence S42*01' 14"W a distance of 48.43' along the centerline of the creek to a point, running thence S07*18'37"W at adistance of 45.22' along the centerline of the creek to a point, running thence S72*02'46"E a distance of 15.16' along the centerline of the creek to a point, running thence S08*25' 10"W a distance of 13.23' along the centerline of the creek to a point, running thence N86*34'57"W a distance of 384.99' to a point, running thence NO3*26'22"E a distance of 268.55' to a point, running thence NO3*57'59"E a distance of 100.67'. Said point being the point of beginning. Said tract contains 3.4 acres more or less. Councilman Lnenicka made a motion to validate the petition to annex 3.4 acres at 4567 Lois Street, 4579 Lois Street, 4557 Lois Street and 4581 Lois Street, Land Lot 692, 17' District, 2'd Section, Cobb County, Georgia and set the public hearing date for October 15, 2001. Councilman Newcomb seconded the motion. Motion was approved 6-0. COMMERCIAL BUILDING PERMITS: (A) Fog Development—Walgreens-2390 South Cobb Drive Councilman Cramer stated that Fog Development requests a permit for the construction of a 14,490 square foot retail store. The estimated cost of construction will be $950,000.00. Councilman Cramer made a motion to approve the building permit for Fog Development. Councilman Lnenicka seconded the motion. Motion was approved 6-0. BID AWARDS: (A) Smyrna Market Village, Contract 1 Mr. Smith stated that this bid award is for Contract 1 of the Market Village which includes grading, utility construction and the construction of a retaining wall. Councilman Scoggins made a motion to approve the Smyrna Market Village, Contract 1. Councilman Newcomb seconded the motion. Motion approved 6-0. CONSENT AGENDA: (A) Approval of September 4, 2001, minutes (B) Approval of use for Council Chambers —Thursday, September 20, 2001, from 6:30 p.m. to 9:00 p.m. —Heritage at Vinings Homeowner's Association (C) Approval of installation of speed bumps on Collier Drive (JH) (D) Purchase of two new Police Package Crown Victoria vehicles (E) Purchase of four new Police Package Crown Victoria vehicles (F) Purchase of five computer work stations for the 911 Communications Center September 17, 2001 6 (G) Purchase of digital base mapping, dispatch mapping and wireless cell phone (H) Obtain bids for Radar Speed Measurement Devices (I) Approval to install No Parking Signs on Gober Terrace from Pat Mell Road to Kennesaw Drive (J) Request for Bids —Public Works-8 Heavy Duty Cantilever Pipes (K) Request for Bids —Public Works —Transmission Flush Kit (L) Request for Bids —Public Works —Clam Bucket (M) Request for Bids —Public Works —Confined Space Tripod and Winch System (N) Request to Purchase Under State Contract —Public Works —Vehicle for. Building Maintenance Division (0) Approval to Change Apartment Name —Cameron Woodlands Apartments to Archstone Woodlands-2200 Woodlands Drive (P) Approval to Change Apartment Name— Towncreek Manor to Epic Manor-3366 Atlanta Road (Q) Approval of use for Council Chambers —Wednesday, September 26, 2001, from 6:30 p.m. to 9:00 p.m. —Town Hall Meeting for citizens in the Belmont Avenue/Hawthorne Islands (R) Approval to use Council Chambers —Tuesday, October 2, 2001, from 6:30 p.m. to 9:00 p.m. —Ward 5 Town Hall Meeting (S) No Parking Signs —Kennesaw Drive-603 Kennesaw Drive to 632 Kennesaw Drive. Councilman Cramer made a motion that the consent agenda be approved. Councilman Newcomb seconded the motion. Motion was approved 6-0. COMMITTEE REPORTS: Councilman Newcomb introduced Ms. Bennett who stated that the Cultural Committee is planning a Block Party at Jonquil Park on October 14, 2001. Councilman Newcomb recognized Mr. Miller who presented the permit figures for August and wished Patty Petrulli the best on her new job in Naples, Florida. Councilman Scoggins introduced Ms. Kirk who announced three upcoming volunteer events, the September 24' Teacher Supply Open House, the October 6' Rivers Alive Clean-up and October 20' Adopt -A -Mile. Councilman Scoggins introduced Mr. Stokes who reported on several divisions within Public Works and stated that any Smyrna Citizen can receive free leaf mulch upon contacting Public Works for delivery or pickup. Councilman Hawkins introduced Finance Director Claudia Edgar who announced that the auditors have completed the FY 2001 audit and the tax bills were delayed last week due to computer problems but will be out this week. Councilman Hawkins discussed the meeting held Tuesday, September 11, 2001 regarding streetlights in Ward 4 and stated that because of the response, each of the streets will be handled on a street -by -street basis. Councilman Hawkins thanked everyone who attended the September 14, 2001, prayer service in the Council Chambers. Councilman Cramer introduced Human Resources Director Chris Corey who announced job openings within the City. Councilman Cramer announced a meeting for the residents of Ward 5 on October 2, 2001 from 7:00 p.m. to 8:00 p.m. in the City Hall Council Chambers and encouraged everyone to attend the Public Safety Appreciation Breakfast on October 1, 2001, 7:30 a.m. at the Cobb Galleria. Councilman Cramer stated that brick pavers are still available for the Veteran's Memorial. Councilman Lnenicka introduced Chief Hook report from the Police Department. Councilman Lnenicka recognized Chief Williams and his staff for the great work they have done on the recent Boot Drive for the Firefighters of New York. Councilman Lnenicka stated that there will be a Heritage at Vinings Homeowner's Association meeting on Thursday, September 20, 2001 from 6:30 p.m. to 9:00 p.m. in the City Hall Council Chambers. September 17, 2001 Councilman Wood introduced Ms. Bennett who stated the Annual Report is finished and available at City Hall, and the City of Smyrna website is up and running. Ms. Bennett thanked all the sponsors who participated in the`Spice of Life, Taste of Smyrna event. Mayor Bacon stated that the Annual Report is the best the City has ever had. Councilman Wood recognized Mr. Seigler who stated that tickets are available for the dinner theatre at Campbell High School, Saturday, September 22, 2001 at 7:00 p.m. Councilman Wood introduced Mr. Ciaccio who stated that the Halloween on the Green will be Saturday, October 27, 2001 from 2:00 p.m. to 6:00 p.m. and announced several new classes being offered through Parks and Recreation. Councilman Wood recognized the outpour of support for the Fire and Police during this tragic time. ADJOURNMENT With no further business, the meeting adjourned at 9:40 p.m. A. MAX BACON, MAYOR i BILL kOGGINS, ARD 3 ACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 4KULI�MBA'RBYR, CITY CLERK RON NEWCOMB, WARD 2 .I. DECISION OF CITY OF SMYRNA Sprintcom, Inc. submitted an application for a Special Land use Permit seeking approval to construct 135 foot telecommunications tower at Bethel Baptist Church, 2587 Spring Road, Smyrna, Georgia. The hearing on the Special Land Use Permit occurred on October 1, 2001. Representatives of Sprintcom, Inc. testified, and otherwise participated in the hearing. Sprintcom, Inc. was represented by counsel. According to the application and testimony submitted, there is a BellSouth Mobility 50 foot monopole 1253 feet from the site proposed by Sprintcom, Inc. The requirements of Special Land Use Permits are set forth in § 501.16 and § 1510(5)(a-k) of the Smyrna Zoning Code. § 501.16(m) provides that a communication tower may not be located closer than 1500 feet from an existing tower. It is undisputed that the tower proposed by Sprintcom, Inc. does not meet the requirement of this ordinance. There was evidence that Smyrna does not prohibit the provision ofpersonal wireless services. There are many other towers located within the city limits. Further the City encourages co -location of existing towers when possible. Zoning code § 501.16 does not have the effect of prohibiting services. Smyrna does not discriminate among service providers. No applicant has been granted a Special Land Use Permit to erect a tower that will be located closer than 1500 feet from an existing tower. Enforcing this ordinance does not pose a hardship upon the applicant which would require a variance of this separation requirement. A motion to deny the application was made and unanimously approved at the October 1, 2001 council meeting. For the reasons specified above, Sprintcom, Inc.'s application for Special Land Use Permit is denied. M -----\29.0 bhett, Ward I City of Smyrna ewcomb, Ward � "-I" Scog'gins, W me H ard Pack Cramer, ard 5 f Vj7z ade S. Lnemck�,-Ward 6 d5-ar-le-s'Pete Wood, Ward 7