10-15-2001 Regular MeetingOctober 15, 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, 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, Captain Hayes and representatives of the press.
Invocation was given by Pastor Greg Wilson, Smyrna Assembly of God, followed by the
pledge to the flag.
Mayor Bacon introduced Ms. Jennifer Bennett Community Relations Director who
recognized several local businesses for their participation in the Taste of Smyrna. Ms.
Bennett thanked Corn Dog Jalapeno, Olde Mill Steakhouse, Alameda Latin Cuisine,
Joan's Caribbean Cuisine, New Smyrna/ Vinings Living Magazine, Kenny's Keylime
Pie, Q-100 Radio, Charter Communications and Waste Management.
Mayor Bacon introduced Ms. Betty Turley, Ms. Glen Crutchfield and Ms. Evelyn
Duncan of the American Legion Auxiliary, and Councilman Hawkins read a
proclamation in honor of Poppy Day. Ms. Turley thanked Mayor and Council for the
proclamation and asked citizens to purchase the poppies.
CITIZENS INPUT:
Mayor Bacon introduced State Representative Ginger Collins who displayed a map of the
recent change in congressional districts. Ms. Collins stated that these new district lines
do not promote fair representation and recommended that citizens contact Governor
Barnes, local newspapers and elected officials with comments.
Mayor Bacon introduced Ms. Lilly Wood and the Friends of the Library who recognized
Ms. MaryClaire Andres and Ms. Sharon Croyle for their hard work on the recent dinner
theatre presented by the Friends of the Library and the Smyrna Theatre Group at
Campbell High School. Ms. Linda Evans of the Friends of the Library presented Mr.
Tom Oliver of Campbell High School with a check from the proceeds of the evening's
event and also thanked several sponsors from the event. Ms. Jerry Brooks of the Smyrna
Theatre Group recognized Campbell High School and the Friends of the Library for their
efforts and hard work during the recent dinner theatre.
Mayor Bacon introduced Mr. Rob Bridges of Charter Communications who expressed his
apologies for the recent rate increases and channel changes. Mr. Bridges stated that
Charter is currently working on upgrading its customer service abilities.
Mr. Floyd Mills commented on several issues he has with Charter Communications.
Mr. Joe DeCampo, of 4230 Ridgehurst Drive urged Mayor and Council to take action
against the recent reapportionment. Mr. DeCampo, asked that they do whatever they can
to prevent the current House of Representative's map from being approved.
Councilman Cramer stated that many citizens at the recent Ward 5 meeting had concerns
and complaints about yard maintenance and parked cars within their neighborhoods and
that the City is currently working on enforcing these ordinances by hiring a third City
Marshall and implementing an environmental court by January 2002.
PUBLIC HEARINGS:
(A) Rezoning Request3.4 acres —Land Lot 692—Lois Street —From RA-5 to
RAD Conditional
Mr. Smith stated the development proposal would provide for the construction of 12
single-family residences at an overall density of 3.5 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.
October 15, 2001
Councilman Lnenicka introduced Mr. Jeff Freeman who stated that Development
Partners proposes to rezone the 3.4 acres on Lois Street for 12 single-family homes.
Councilman Lnenicka stated that an annexation of this parcel being requested and that
must that Cobb County has no objection to the proposed annexation and rezoning of the
property.
Ms. Mary Barnes of the Oakdale Community Association stated that her original
concerns have been resolved. Ms. Barnes requested that this property not have a gated
entrance because of traffic concerns and the narrowness of Lois 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: front yard
setback-20', rear yard setback-20' and separation between buildings-10' and
a minimum house size of 2,200 square feet of heated and cooled space excluding
the garage and basement areas. The elevations for each residence shall be
consistent with the elevations from John Willis Homes presented to the Planning
and Zoning Board at its September 24, 2001 Meeting.
3. 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.
4. All retention ponds shall be placed and screened appropriately to be unobtrusive
to homes inside and outside the development.
5. All utilities within the development shall be underground.
6. 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.
7. 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.
8. 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. The location of any entry gate shall be
approved by both the City Engineer and the Director of Community Development
prior to construction.
9. No debris may be buried on any lot or common area.
10. The developer will install decorative streetlights within the development, subject
to approval by the City Engineer.
11. All yards and common areas are to be sodded and landscaped. Irrigate as
appropriate.
12. All landscape plans must be prepared, stamped and signed by a Georgia
Registered Landscape Architect or a degreed horticulturist for common areas and
entrances.
13. 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.
14. A sidewalk shall be added to the east side of Lois Street along the perimeter of the
development.
15. All exterior sides of at least 50% of all homes shall be brick, stucco, stone or
architectural shakes, including the four homes closest to Lois Street. On the
remaining 50% of the homes, a composite siding (such as "Hardy Plank") may be
used on the rear and side.
16. Developer shall install a 6' masonry wall, galvanized wrought iron fence, or a
combination of both along the frontage of the development.
17. Developer shall provide a minimum of 20' buffer along the frontage of streets
outside the development. The entry wall and street may be located within this
buffer as required by stipulation numbers 8 and 16 above.
18. A strip of brick pavers or stamped concrete shall be installed on the street
entrance from Lois Street for a minimum distance of 20'.
19. No construction parking will be permitted on Lois Street.
October 15, 2001
Councilman Lnenicka asked Mr.Freeman if he agreed to the above stipulations and Mr.
Freeman stated yes.
Councilman Lnenicka made a motion to approve the Development Partners, LLC.
rezoning request for 3.4 acres in Land Lot 692 from RA-5 to RAD Conditional.
Councilman Cramer seconded the motion. Motion was approved 7-0.
(B) Land Use Change Request-3.4 Acres —Land Lot 692—Lois Street —From
High Density Residential to Medium Density Residential
Mayor Bacon stated that this is a public hearing and asked for public comment. There
was none.
Councilman Lnenicka made a motion to approve the Land use Change Request of 3.4
acres in Land Lot 692 on Lois Street from High Density to Medium Density Residential.
Councilman Cramer seconded the motion. Motion was approved 7-0.
(C) Annexation of Property —Land Lot 692, 4581 Lois Street, 4579 Lois Street,
4567 Lois Street, 4557 Lois Street, 171h District, 2nd Section, Cobb County,
Georgia
Mayor Bacon stated that this is a public hearing and asked for public comment. There
was none.
Councilman Lnenicka made a motion to approve the annexation of 3.4 acres in Land Lot
692, 4581 Lois Street, 4579 Lois Street, 4567 Lois Street, 4557 Lois Street, 171h District,
Cobb County, Georgia. Councilman Cramer seconded the motion. Motion was approved
7-0.
(D) Privileged License Request —Hollywood Sports Center II-3240-L South
Cobb Drive —Retail Pouring (Liquor and Beer) —New Agent —Leh Jyi Suen
Mr. Smith stated that Leh Jyi Suen has submitted an application for a retail pouring
license for (liquor and beer) at 3240-L South Cobb Drive. Mayor Bacon stated that this
is a public hearing and asked for public comment. There was none.
Councilman Hawkins introduced Attorney William Curtis, representation for Mr. Leh Jyi
Suen, who stated that the business meets the City's restaurant ordinance requirements.
Councilman Hawkins asked Mr. Curtis if the applicant has received a copy of the City's
alcohol ordinance and understood.
Mayor Bacon encouraged Mr. Suen to check everyone's identification.
Councilman Hawkins made a motion to approve the privileged license request at
Hollywood Sports Center II, 3240-L South Cobb Drive. Councilman Scoggins seconded
the motion. Motion was approved 7-0.
(E) Rezoning Request-35.8 Acres —Land Lots 533, 534, 547 and 548—Laurel
Creek Parcel, East/West Connector and Mavell Road —From GC and LI to
TD-Conditional
Mayor Bacon stated that this is a public hearing and asked for public comment. There
was none.
Councilman Wood introduced Attorney Garvis Sams who represents Ashton Atlanta
Residential. Mr. Sams stated that Ashton Atlanta Residential is proposing to rezone 35.8
acres in Land Lots 533, 534, 547 and 548 from General Commercial and Light Industrial
to Townhouse Development and that a land use change to Medium -Density is required.
Councilman Wood read the following stipulations imposed with the rezoning request:
1. There will be a maximum of 178 units.
2. A minimum square footage of 2,200 square feet ranging up to 2,700 square feet
per unit.
October 15, 2001 4
3. The beginning price range is $260,000 and upwards.
4. Developers shall provide deceleration lanes on the East/West Connector at both
entrances to the project.
5. Developers shall provide an eastbound left turn lane on the East/West Connector
at Highlands Ridge Road.
6. The developer shall install signal heads for the proposed driveway at Highlands
Ridge Road and a left turn signal for eastbound left turns into the driveway at
Highlands Ridge Road. All traffic signal plans, contractors, and labor to be
approved by the City Engineer.
7. The development shall maintain an average of six units per building for the entire
development to increase the amount of open space in the developed portions of
the site.
8. A tree survey shall be provided by the applicant demonstrating the number of
trees and caliper of each tree to be preserved in the tree save area.
9. There shall be protective covenants on all lots and there shall be a mandatory
homeowners association for the development.
10. 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.
11. All retention ponds shall be placed and screened appropriately to be unobtrusive
to homes inside and outside the development.
12. All utilities within the development shall be underground.
13. 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.
14. 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.
15. There shall be a landscaped front entrance, with monument sign, indicating the
name of the development.
16. No debris may be buried on any lot or common area.
17. The developer will install decorative streetlights within the development, subject
to approval by the City Engineer.
18. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
19. All landscape plans must be prepared, stamped and signed by a Georgia
Registered Landscaped Architect or a degreed horticulturist for common areas
and entrances.
20. All streets shall have a sidewalk on two sides.
21. A grass buffer with a minimum width of 2' shall be provided between the back of
curb and sidewalk.
22. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of
both along the frontage of the development.
23. Developer shall provide a minimum of 20' undisturbed buffer along the frontages
of streets outside the development.
24. Four-sided brick elevations shall be used on each building adjacent to the
East/West Connector.
25. A detailed entry plan for each entrance denoting all entry features shall be
provided prior to the issuance of the building permit.
26. The development of private streets shall conform to the City's standards for
public right-of-ways.
27. Each town home will have a two -car garage.
28. The developer will construct an amenity area consisting of a swimming pool,
bathhouse and sixteen (16) parking spaces as shown on the site plan.
29. A strip of brick pavers or stamped concrete shall be installed on the street
entrance from Lois Street for a minimum distance of 20'.
Councilman Wood asked Mr.Sams if he agreed to the above stipulations and Mr. Sams
stated yes.
Councilman Wood made a motion to approve the rezoning of 35.8 acres in Land Lots
533, 534, 547 and 548 from General Commercial and Light Industrial to Townhouse
Development. Councilman Cramer seconded the motion. Motion approved 7-0.
(F) Land Use Change Request-35.8 Acres -Land Lots 533, 534, 547 and 548-
Laurel Creek Parcel, East/West Connector and Mavell Road -Industrial
Compatible or Redevelopment to Medium Density (PW)
October 15, 2001
Mayor Bacon stated that this is a public hearing and asked for public comment. There
was none.
Councilman Wood made a motion to approve the land use change request of 35.8 acres,
Land Lots 533, 534, 547 and 548 at Laurel Creek Parcel and East/West Connector and
Mavell Road from Industrial Compatible or Redevelopment to Medium -Density.
Councilman Cramer seconded the motion. Motion approved 7-0.
(G) Annexation of Property-1.48 Acres —Land Lots 674 and 695, Cooper Lake
Drive and Daniel Street, 171h District, 2°d Section, Cobb County, Georgia
(WL)
Mr. Smith stated the applicant is requesting to annex 1.48 acres on Cooper Lake Drive
and Daniel Street, Land Lots 674 and 695 and that legal requirements have been met.
Mr. Smith states that if approved this annexation would become part of Ward 6, effective
November 1, 2001. Mayor Bacon stated that this is a public hearing and asked for public
comment. There was none.
Councilman Lnenicka made a motion to approve the annexation of 1.48 acres, Land Lots
674 and 695, Cooper Lake Drive and Daniel Street. Councilman Wood seconded the
motion. Motion approved 7-0.
(H) Annexation of Property-2.61 Acres —Land Lots 333 and 334, North Cooper
Lake Road and West Cooper Lake Road, 17th District, 2n1 Section, Cobb
County, Georgia
Mayor Bacon stated that this is a public hearing and asked for public comment. There
was none.
Councilman Wood made a motion to table the annexation of property, 2.61 acres, Land
Lots 333 and 334, North Cooper Lake Road and West Cooper Lake Road until the
November 5, 2001 Council Meeting. Councilman Cramer seconded the motion. Motion
to table was approved 7-0.
(I) Variance Request—Wetherbrooke Subdivision —Reduce the Number of
Parking Spaces —Recreation Area —From 20 to 13
Mayor Bacon stated that this is a public hearing and asked for public comment. Several
citizens had comments.
Councilman Wood made a motion to table the variance request of Wetherbrooke
Subdivision to reduce the number of parking spaces from 20 to 13 until the November 5,
2001 Council Meeting. Councilman Cramer seconded the motion. Motion to table was
approved 7-0.
FORMAL BUSINESS:
(A) Appointment to Smyrna Housing Authority —Ward 2
Councilman Newcomb made a motion to table the appointment of Smyrna Housing
Authority for Ward 2 until the November 5, 2001 Council Meeting. Councilman
Hawkins seconded the motion. Motion to table was approved 7-0.
COMMERCIAL BUILDING PERMITS:
There were none.
BID AWARDS:
There were none.
CONSENT AGENDA:
(A) Approval of October 1, 2001 minutes
October 15, 2001 6
(B) Approval to Request Bids —Public Works —Replacement of Approximately
880 L.F. of 8" Sewer Main —Rear Yards Between Shawnee Place and
Mackinaw Place
(C) Approval for the City to Acquire by Negotiations or Condemnation a 20 ft.
Sewer Easement and 40 ft. Temporary Construction Easement at 3050 South
Atlanta Road —Public Works
(D) Request to use Contract Unit Pricing —Public Works —Replace Existing 2"
Water Main with 6" Dip Main and Fire Hydrant on Twin Oaks Circle
(E) Approval to Request Bids —Public Works —Pavement Markings
(F) Approval to Purchase Van via State Contract for Parks and Recreation
(G) Authorization to Transfer $67,153.00 from Contingency Funds for Phase II
Change Order —Chuck Camp Park
Councilman Wood 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 for their involvement in the successful Block
Party in Ward 1.
Councilman Newcomb recognized Mr. Miller who presented the permit figures and
building cost for September.
Councilman Newcomb stated that the Spring Road Linear Park is progressing.
Councilman Scoggins recognized Ms. Kirk who thanked all of the volunteers for their
help during the Rivers Alive clean-up program and reminded everyone that the Adopt -a -
Mile program is Saturday, October 20, 2001.
Councilman Scoggins introduced Mr. Stokes who stated that the leaf vacuuming program
will begin in November and for any water/sewer emergency citizens can contact the after
hours phone number. Mr. Stokes commented on the current Spring Road construction
and its progress.
Councilman Hawkins introduced Finance Director Ms. Edgar who stated that the
property tax deadline is November 20, 2001 and the auditors would be at the November
5, 2001 Council Meeting to present the financial report for the year.
Councilman Hawkins stated that the streetlight project of the Forest Hills Subdivision is
almost complete.
Councilman Cramer introduced Human Resources Director Mr. Corey who announced
job openings within the City.
Councilman Cramer thanked the residents from Ward 5 who came to the ward meeting
on October 2, 2001 and reminded citizens that they can still purchase brick pavers for the
Veterans Memorial.
Councilman Lnenicka introduced Chief Hook who reported on a recent robbery and the
apprehension of both subjects and due to the recent terrorist attacks he asked that citizens
be aware of what is going on around them, but there is no reason to change everyday
lifestyles.
Councilman Lnenicka introduced Chief Williams who recommended that citizens have a
heightened sense of awareness during this National Crisis and prepare your household as
though you were preparing for a winter storm.
Councilman Lnenicka stated that several City employees have been activated for duty as
members of the Reserves or the National Guard and the City wishes them well and asked
citizens to keep them in their thoughts and prayers.
Councilman Wood introduced Ms. Bennett who stated that the Fall Festival is this
weekend, October 27th and 28th at the Smyrna Community Center and thanked
Councilwoman Pritchett for the hard work she put into the recent Block Party.
October 15, 2001
Councilman Wood introduced Mr. Seigler who thanked the library volunteers for all they
did on the recent dinner theatre production and stated that Friends of the Library will be
holding their cordial membership meeting Thursday, October 18 at 7:30 p.m. Mr. Seigler
stated that the featured speaker will be author Robert Mills.
Councilman Wood introduced Mr. Steve Ciaccio who presented the yearly report on
Parks and Recreation and the Community Center. Mr. Ciaccio reminded the citizens of
Halloween on the Green Saturday, October 27.
ADJOURNMENT
With no further business, the meeting adjourned at 10:28 p.m.
A. MAX BACON, MAYOR K LLIE BARBER, CITY CLERK
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M P ITCHETT, WARD 1 R N NEWCOMB, WARD 2
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JACK CRAMER, WARD 5
CHARL S P TE WOOD, WARD 7