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10-01-2001 Regular MeetingOctober 1, 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 Kellie Barber, City Attorney Scott Cochran, and representatives of the press. Invocation was given by Councilman Wood, followed by the pledge to the flag. Mayor Max Bacon introduced School Board Representative Curt Johnston and students from Nickajack Elementary School to recite the 2001 Character Education Program. Several students introduced October theme words of the month. Mayor Bacon presented a glass jonquil in recognition to Nickajack Elementary for the wonderful job they do. Councilman Lnenicka read a proclamation in recognition of Ridgeview Institute Week and presented it to the President of Ridgeview, Bob Fink. CITIZENS INPUT: Mayor Bacon introduced Mr. Don Whitney for his status report on the U.S.IOk race. Mr. Whitney thanked Chief Hook, Lt. Doug Carlson and the Police Department staff for their help with the race over the last eight years and presented sponsor gifts to Mayor And Council (except Councilman Lnenicka who declined to accept). Mr. Howard Martin thanked Smyrna Police and Fire Departments and presented Mayor and Council with several In God We Trust buttons and stated that he is selling these buttons at the Eckerd Drugs on South Cobb Drive, and all donations are being sent to the Smyrna Fire Department for the relief effort in New York. Councilman Cramer also thanked the Public Safety Departments and stated that several from Smyrna were nominated and awarded at the Cobb County Chambers Breakfast. Mr. Martin, a resident of Lee Street, also had a complaint about speeding and parking along the roadway on Lee Street. Councilman Hawkins stated that Mayor and Council would need a petition from residents to post no parking signs along the roadway. Mr. Millis stated that the cable company has realigned all of its channels without notifying the public. Mayor Bacon stated that he would have someone from Charter contact Mr. Millis tomorrow. Councilman Cramer notified residents of Ward 5 that an error had been made in a recent letter they received regarding a Ward Meeting and that the meeting is scheduled for Tuesday, October 2, 2001 at 7:00 p.m. PUBLIC HEARINGS: (A) Annexation of Property-2.61 Acres —Land Lots 333 and 334, North Cooper Lake Road and West Cooper Lake Road, 17' District, 2' Section, Cobb County, Georgia (PW) 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, North Cooper Lake Road, 171h District, 2' Section, Cobb County, GA be tabled until the October 15, 2001 Council Meeting. Councilman Lnenicka seconded the motion. Motion approved 7-0. (B) Privileged License Request —Hollywood Sports Center II-3240-L South Cobb Drive —Retail Pouring (Liquor and Beer) —New Agent —Leh Jyi Suen (JH) 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 II at 3240-1 South Cobb Drive be tabled until the October 15, 2001 Council Meeting. Councilman Scoggins seconded the motion. Motion approved 7-0. (C) Rezoning Request —Ashton Atlanta Residential-35.8 Acres —From GC and LI to TD (PW) Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. October 1, 2001 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 15, 2001, Council Meeting. Councilman Cramer seconded the motion. Motion to table was approved 7-0. (D) Land Use Change Request —Ashton Atlanta Residential-35.8 Acres —From Industrial Compatible and Redevelopment to Medium Density Residential (PW) 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 15, 2001, Council Meeting. Councilman Cramer seconded the motion. Motion to table was approved 7-0. (E) Variance Request —Windy Hill Overlay District —Windy Hill and Cherokee Trail — Texaco Station—Signage Location (JC) Mr. Smith stated that the applicant, Royce Brooks of Lance Oil Company, is requesting a variance for signage of the Texaco Service Station located at the corner of Windy Hill and Cherokee Trail in order to permit the freestanding monument sign be setback F from the right- of-way. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer introduced Royce Brooks of Lance Oil Company who stated the original sign was removed when Windy Hill was widened, and they have proposed a new monument sign V from the right-of-way. Councilman Cramer made a motion to approve the variance request of the Texaco Station at Windy Hill and Cherokee Trail to permit a monument sign 1' from the right of way. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (F) Special Land Use Request—Sprintcom, Inc. Communications Monopole-2581 Spring Road (MP) Mr. Smith stated that this is a request for a monopole cell tower, 140' in height, to be located on property owned by Bethel Baptist Church. Mayor Bacon stated that this is a public hearing and asked for public comment. The City Attorney administered the oath to those wishing to speak. Councilwoman Pritchett introduced Steve Watkins of Sprintcom, Inc. and Attorney Tom Anderson, who stated that the cell tower would provide coverage for the customers who use wireless phones within the City of Smyrna. Mr. Anderson stated that the proposal meets all City requirements, per Community Development Director Chris Miller, with the exception of the tower separation and the visibility requirement. Mr. Anderson stated that the existing tower behind Sonny's on Spring Road is not tall enough to provide adequate coverage area and cannot be extended. Mr. Anderson stated that the issue of the visual compatibility requirement has been well documented with photo simulations and design. Mr. Watkins stated that Sprintcom had looked at a combination of existing towers built to different heights but were unable to meet the coverage gaps. Mr. Shawn Tintle of 5260 Afton Way, stated that he is the president of the Afton Downs Homeowners Association, stated that he is opposed to the cell tower and presented petition with 75 signatures from residents who are also opposed to the cell tower. Ms. Sandra Freedman of 5240 Afton Way stated that she is concerned with value of her home depreciating because of the cell tower. Mr. Charlie Phillips stated he is a member of Bethel Baptist Church and the cell tower is a means of making money for the church. Mr. Phillips stated that the church has a petition of 120 signatures that are in favor of the cell tower. Ms. Terry Perkins, Bethel Baptist Church member, stated that she does not believe that the tower will be visible unless you are pulling onto the property of the church and that the cross at the top of the tower may serve as a beacon for the church. Councilman Lnenicka asked Mr. Anderson if he had previously spoke with the Afton Way Community and Mr. Anderson stated no because a photograph taken from the entrance of the October 1, 2001 3 Afton Way Community shows that the tree coverage makes the cell tower invisible from that community, for this reason there was no discussion with Afton Downs regarding the tower. Councilman Newcomb stated that he did not believe a case had been made to prove any hardship or that this is a unique sight for the cell tower. Mr. Anderson stated that a hardship exist because the cell tower behind Sonny's Restaurant is unable to be used due to its height. Councilman Lnenicka asked Mr. Anderson if Sprintcom had talked with the owners of the other towers about them co -locating on Sprintcoms tower and tearing down their towers. Mr. Anderson stated that every network carrier has its own uniqueness in how the signal is transmitted and it is difficult to make every tower, for every carrier line up. Councilwoman Pritchett made a motion to deny the Special Land Use request. Councilman Hawkins seconded the motion. Motion to deny was approved 7-0. (G) Rezoning Request —Benchmark Homes, Inc.-1.48 Acres —Land Lots 674 and 695—From R-20 to RAD Conditional (WL) Mr. Smith stated that the applicant, Benchmark Homes is requesting to rezone a parcel located on the south side of Cooper Lake Drive. Mayor Bacon stated that this is a public hearing and asked for public comment. The City Attorney administered the oath to those wishing to speak. Councilman Lnenicka introduced Scott Justus who stated that he plans to construct 6 single- family residences on individual fee -simple lots with a proposed density of 4.05 units per acre on the south side of Cooper Lake Drive adjacent to Daniel Street. Councilman Lnenicka read the following stipulations imposed with the rezoning request: 1. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development. 2. The development shall maintain the following minimum standards: building area-2,600 square feet, front yard setback-20', rear yard setback-20' and separation between buildings-10'. 3. The building elevations shall conform to the renderings provided with the application package. 4. 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. 5. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 6. All utilities within the development shall be underground. 7. 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. 8. 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. 9. There shall be a landscaped front entrance with a monument sign indicating the name of the development. Deceleration lanes shall be provided at the entrance if deemed necessary by the City Engineer. 10. No debris may be buried on any lot or common area. 11. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. 12. All yards and common areas are to be sodded and landscaped and irrigated as appropriate. 13. All landscape plans must be prepared, stamped and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 14. Each lot shall have the following trees replanted per lot either: four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nuttall 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 is saved on a given lot, the replanting requirements for that given lot may be waived. 15. The internal drive shall have a sidewalk on one side. 16. The developer shall install a sidewalk along the south side of Cooper Lake Drive along the entire frontage of the development. The design for this sidewalk shall be reviewed and approved by the City Engineer prior to construction. 17. A grass buffer with a minimum width of 2' shall be provided along the internal drive between the back of curb and sidewalk. October 1, 2001 4 18. All homes shall be three -sided brick, stucco, stone or architectural shakes excluding homes on lots 1, 2 and 6, which shall be four-sided brick, stucco, stone architectural shakes or "Hardy Plank". 19. Developer shall install a 6' masonry wall; galvanized wrought iron fence, or a combination of both along the frontage of the development. 20. Developer shall provide a minimum of 20' undisturbed buffer along the frontage of streets outside the development. 21. A strip of brick pavers or stamped concrete will be installed on both ends of circular drive for minimum distance of 20'. 22. No construction traffic on Daniel Street. Councilman Lnenicka asked Mr. Justus if he agreed to the above stipulations and Mr. Justus stated yes. Mayor Bacon introduced Mary Rose Barnes, 4756 Oakdale Road, who stated that she supports this subdivision but is concerned with construction traffic, setbacks and the entrance of the subdivision. Councilman Lnenicka made a motion to approve the rezoning request of Benchmark Homes, Inc. 1.48 acres, Land Lot 674 and 695 from R-20 to RAD Conditional. Councilman Cramer seconded the motion. Motion was approved 7-0. (H) Rezoning Request —Belmont Development-1.47 Acres —Land Lot 560—From R- 15 to RAD Conditional (BS) Mr. Smith stated that Belmont Development is proposing to rezone Land Lot 560. The density for the overall site will be 3.39 units per acre. Mayor Bacon stated that this is a public hearing and asked for public comment. The City Attorney administered the oath to those wishing to speak. Councilman Scoggins introduced Ed Hatcher with Belmont Development and reviewed with him the following conditions of approval drawn from Section 1201 for Conditional Developments: 1. The development will maintain the following setbacks: Front-30', Side-10% between buildings-10' and rear-30'. 2. Each residence will be a minimum of 1,950 square feet in area and conform to the architectural renderings provided to the Planning and Zoning Board at its September 24, 2001 meeting. 3. There shall be protective covenants on all lots and there shall b a mandatory homeowners association. 4. 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. 5. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 6. All utilities within the development shall be underground. 7. 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. 8. 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. 9. No debris may be buried on any lot or common area. 10. All yards and common areas are to be sodded and landscaped. Irrigate as appropriate. 11. All landscape plans must be prepared, stamped and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 12. Each lot shall have the following trees replanted per lot either: four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nuttall 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 given lot, the replanting requirements for that given lot may be waived. 13. Homes will match appearance of rendering provided. 14. No off-street parking spaces shall be provided in the front yard setback. The proposed internal drive in the front yard shall consist of either pea gravel or other non - impervious surface approved by staff. Mr. Hatcher stated that he agrees to all of the stipulations. Ron Davis of Roswell Street stated that he supports the concept of Belmont Development and what they are bringing to his neighborhood. October 1, 2001 Councilman Scoggins made a motion to approve the rezoning request of Belmont Developments 1.47 acres on Land Lot 560 from R-15 to RAD Conditional. Councilman Cramer seconded the motion. Motion approved 7-0. (I) Land Use Change Request —Belmont Development-1.47 Acres —Land Lot 560— From Low Density to Medium Density Residential (BS) Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Scoggins made a motion to approve the Land Use Change request of Belmont Development 1.47 acres, Land Lot 560, from low density to medium density residential. Councilman Cramer seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Re -Appoint Parks and Recreation Commission Member for Ward 5 (JC) Councilman Cramer made a motion to re -appoint Ken Lindsey as the Ward 5 representative on the Parks and Recreation Commission. Councilman Scoggins seconded the motion. Motion approved 7-0. (B) Update of Purchasing Code and Purchasing Policy Councilman Hawkins stated that the purpose of the purchasing policy is to streamline the purchasing within the City to a more centralized method. Councilman Hawkins made a motion to approve the update of the City's Purchasing Code and Purchasing Policy. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Appoint Parks and Recreation Commission for Ward 1 (MP) Councilwoman Pritchett made a motion to re -appoint Marvin Bennett as the Ward 1 representative on the Parks and Recreation Commission. Councilman Newcomb seconded the motion. Motion approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of September 17, 2001 minutes Councilman Hawkins made a motion to suspend the rules in order to add an item to the Consent Agenda. Councilman Lnenicka seconded the motion. Motion was approved 7-0. Councilman Hawkins made a motion to add item (B). Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Approval to authorize the Mayor to extend a written offer of land purchase to the American Legion. Councilman Lnenicka made a motion that the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Pritchett thanked everyone who helped her with the Ward 1 meeting on September 25, 2001 and stated that the Cultural Committee is having its first block party on Sunday, October 14, 2001, from 2:00 p.m. to 5:00 p.m. at Jonquil Park. Councilman Newcomb requested that Charter Communications appear again before Mayor and Council to explain the recent changes and rate hikes. Councilman Scoggins stated that he appreciates the Mayor and Councils support on the current building project of Ed Hatcher with Belmont Development. October 1, 2001 Councilman Hawkins stated that he hopes Charter Communication will work on being more customer friendly. Councilman Cramer reminded everyone of the Ward 5 meeting on Tuesday, October 2, 2001 and recognized several Public Safety Officers for their recent nominations and awards during Public Safety Week. Councilman Lnenicka stated that two Police Officers from Smyrna Police Department have been activated for duty as members of the Reserves or the National Guard, and thanked the Council for their support of the rezoning of Benchmark Homes on Cooper Lake Drive. Councilman Lnenicka recognized and thanked those who assisted the recent Heritage of Vinings Subdivision meeting. Councilman Wood stated that he is concerned with Charter Communications and the lack of communication they have given regarding the recent reprogramming and rate increases. Mayor Bacon commended Councilman Scoggins for his work with Mr. Hatcher of Belmont Development and Councilman Cramer on the new Texaco Station within his ward. Mayor Bacon stated that he would contact Charter Communications and request that they send a representative to the next Council Meeting to explain the recent changes. Mr. Smith stated that he has spoke with Charter Communications and that they are realigning their channels to enhance the digital services. Mr. Smith recognized the success of the recent "Lend Me A Tenor" production presented by the Friends of the Smyrna Library and Campbell High School. ADJOURNMENT With no further business, the meeting adjourned at 11:04 p.m. A. MAX BACON, MAYOR BARBER, CITY CLERK OL� \ ,.a -0,3� M N CHETT, WARD 1 RON NEWCOMB, WARD 2 BILL SCOGGINS ARD 3 /& LOA,� ACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 A ES M. HAWKINS, WARD 4 ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number 2001-14 Land Lot 674 & 695 Acres 1.48 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of at least 60 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on October 15, 2001 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property ._ owners of the area to be annexed and of the citizens of the municipality; and i WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this 15'h day of October, 2001. A. Max Bacon, Mayor Kellie M. Barber, City Clerk City of Smyrna Scott A. Cochran, City Attorney City of Smyrna LEGAL DESCRIPTION All that tract or parcel of land lying and being in Land Lots 674 & 695, 17" District, 2°d 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' 1 TV 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.