07-15-2002 Regular MeetingJuly 15, 2002
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 were City Administrator Wayne Wright, City
Clerk Susan Hiott, City Attorney Scott Cochran, Community Relations Director Jennifer Bennett,
Finance Director Claudia Edgar, Police Chief Stan Hook, City Engineer Ken Hildebrandt, Keep
Smyrna Beautiful Director Ann Kirk, Community Development Director Chris Miller, Library
Director Michael Seigler, Fire Chief Larry Williams, Public Works Director Scott Stokes, Parks
and Recreation Director Steve Ciaccio, and representatives of the press.
Invocation was given by Smyrna Fire Department Chaplain Brian Beaty, followed by the pledge
to the flag.
CITIZENS INPUT/SPECIAL RECOGNITION:
Mayor Bacon recognized Mr. Floyd Millis, who commented about City sanitation service.
Mayor Bacon recognized Mr. Howard "Red" Martin, who commented about the Smyrna Little
League (SLL) and the State championship, and commended Lee Cook and the City staff for their
efforts. Mr. Martin introduced some of the SLL players to those present.
Mayor Bacon recognized Representative Ginger Collins, who stated she is running for a State
Senate post and asked those present for their support.
Mayor Bacon recognized Mr. Jack Strickland, who presented a petition for a study of traffic on
Concord Road with the aim of possibly obtaining more traffic signals on certain sections of that
road.
Mayor Bacon recognized Mr. John Nowell, who stated he is a candidate for House District 44 and
asked those present for their support.
Mayor Bacon recognized Mr. Jimmy Flanagin, who stated he is a candidate for State Senate
District 6, and discussed the merits of positive political campaigning.
Mayor Bacon recognized Mr. Charlie Levinson, who reminded those present about the
Republican Lieutenant Governor candidates debate this week, and expressed the view that the
upcoming election campaign will have a positive tone.
MAYOR'S REPORT:
Mayor Bacon recognized Mr. Brad Hawkins and members of the Smyrna Little League 7/8 year
old players who recently won a championship.
Mayor Bacon recognized Mr. Curt Johnston, who provided details regarding the Campbell High
School Educational Foundation (CHSEF). Mr. Johnston introduced Mr. Joseph Redden, who
read a proclamation from the Cobb County Board of Education expressing thanks to Mayor
Bacon and the Council for their assistance and support. Ms. Bennett expressed appreciation to all
of the local business concerns that contribute to the Jonquil City Jog and other functions that
benefit the school, and joined Mayor Bacon in presenting a $5,000 check to the school. Mayor
Bacon stated that the City maintains good relations with the local schools, and commended the
school personnel for their contribution and efforts.
PUBLIC HEARINGS:
(A) Rezoning Request — 5.129 Acre Parcel from Future Commercial (FC) and R-15 (SFR) to
CBD Conditional (Central Business District) — Concord Road near Dunton and Hunter
Streets and between Nichols and Pickens Streets — TennTech
Mr. Wright stated this matter was tabled at the last meeting. Mr. Wright stated the proposed plan
specifies 45 townhouses and approximately 10,000 square feet of commercial/office space. Mr.
Wright stated the Planning and Zoning Board (PZB) voted to deny this request, but that staff will
support it with certain conditions.
Mayor Bacon stated this is a public hearing and asked for public comment, and Mr. Cochran
administered the oath to several persons.
July 15, 2002 2
Council Member Hawkins recognized Ms. Shae Roberts and Mr. Greg Cagle of TennTech.
Ms. Roberts stated TennTech has worked well with the City staff to create a good plan for the
proposed project. Ms. Roberts provided details regarding the type of structures that the project
will be comprised of, and presented a petition in support of the project with 36 signatures. Mr.
Cagle provided details of the proposed placement of residential structures along Concord Road,
Dunton Street and Nichols Street and stated that the proposed placement will enhance the visual
appeal there. Mr. Cagle stated that there are plans to put all garages in the interior of the project
to enhance the appearance. Mr. Cagle expressed disagreement with the City's prohibition against
the use of Hardie plank in the development, and explained why use of this material on one side
could actually improve the overall construction results. Council Member Hawkins asked Mr.
Cagle about garages in the development, and Mr. Cagle stated that every unit will have a two -
door garage. Council Member Hawkins asked Mr. Cagle how many levels the structures will
have, and Mr. Cagle stated that, including garages, they will be three-story buildings. Council
Member Hawkins asked Mr. Cagle if his interest in using Hardie plank is based on financial
considerations, and Mr. Cagle stated that Hardie plank lends itself to certain architectural
elements, including color options, that would not be available with brick. Council Member
Hawkins asked Mr. Cagle if it might be possible to amend the stipulations to allow the use of
some Hardie plank, in combination with brick, stone or masonry, in order to avoid sections
comprised solely of Hardie plank. Mr. Cagle stated alternatives to allow some use of
Hardie plank have already been discussed, but no specific language has been agreed upon.
Mr. Cagle suggested the architectural elements for which Hardie plank could be used may
need to be specified. Council Member Pritchett pointed out that there are no illustrations
of the proposed elevations available, and asked Mr. Cagle the reasons for the omission, and Mr.
Cagle explained that such pictures are expensive. Council Member Pritchett stated it is difficult
to evaluate TennTech's request without the more complete understanding that pictures might
provide. Mr. Cagle stated that he believes the purpose of the proposed stipulations is to allay
the concerns of the Council regarding any proposed construction. Council Member Pritchett
asked Mr. Cagle if he was the developer for a similar project at Peachtree and Dresden in Atlanta,
and Mr. Cagle confirmed he was involved in a joint venture for that project. Council Member
Pritchett stated that TennTech has already incurred considerable expenses for the proposed
development, and that illustrations of planned elevations would be useful. Mr. Cagle stated
he is reluctant to furnish illustrations that may not be closely representative of what is planned for
construction. Council Member Pritchett stated that stucco could be used and would provide color
options. Mr. Cagle stated that stucco has fallen out of favor in recent years, and extensive use of
stucco can adversely affect the marketability of buildings. Mr. Miller stated that the reason
there is a stipulation restricting materials is because of a lack of illustrations. Council Member
Hawkins asked Mr. Miller if it might be possible to amend the stipulations to allow the use of
some Hardie plank, in combination with brick, stone or masonry, in order to avoid sections made
up of Hardie plank only, and Mr. Miller stated that such an amendment would not be unreason-
able. Ms. Roberts stated that the rezoning should be based on the revised site plan, identified as
Site Plan #3. Council Member Cramer asked Mr. Cagle if there will be additional parking space
in the development, and Mr. Cagle answered in the affirmative. Council Member Cramer asked
Mr. Cagle if the utility lines for the project will be underground, and Mr. Cagle answered in the
affirmative. Mayor Bacon asked Mr. Cagle how much illustrations of elevations would cost, and
Mr. Cagle reiterated that money was not his main concern, but rather his reluctance to furnish
illustrations that may not be closely representative of what is planned for the development.
Mayor Bacon asked how many units will be townhouses, and Mr. Cagle stated that 39 units
will be built solely for residential use, with 6 more as "live -work" units, with a total of 45. Mayor
Bacon asked Mr. Cagle about the size of the townhouses, and Mr. Cagle stated he expects the
townhouses to be 2,200 to 2,500 square feet with a sales price of about $325,000. Mayor Bacon
asked Mr. Cagle about the possibility of some potential buyers wishing to use a live -work unit as
a residence only, and Mr. Cagle stated that, although it is unlikely an owner could be forced to
use a live -work unit a particular way, there are architectural design elements in place to make it
advantageous for an owner to use it for the combination of purposes for which it is intended.
Council Member Pritchett asked Mr. Cagle what contingency plans or hardship provisions, if any,
are in place to provide a course of action in the event that a business in a live -work unit fails,
and Mr. Cagle explained that the fact that the unit is a dwelling as well as a business site should
prevent any problems from developing, and that the unit can also be sold. Mr. Miller stated it is
probably not feasible to require the owner of a live -work unit to maintain a business office in the
unit if conditions become unfavorable to such an arrangement. Mr. Miller stated the stipulations
could be amended at a later time if the strict live -work status of a unit becomes problematic.
Mayor Bacon asked Mr. Miller what parking arrangements are planned for the business clientele
of the live -work unit owners, and Mr. Miller advised there will be a general parking area for
business traffic near Dunton Street and Concord Road, as well as parallel parking throughout the
development and external pads near the individual units. Mr. Miller stated the developer's plan is
not to have a high volume of traffic at the live -work units. Council Member Cramer asked Mr.
Miller what controls, if any, are in place to regulate the types of businesses that may operate in a
live -work unit and possible sub -lease arrangements that might be considered. Mr. Miller stated
July 15, 2002 3
that a business license would have to be obtained, and if the nature of a particular business is not
suitable to a live -work unit, then Community Development would not recommend issuance of a
business license. Council Member Cramer asked Mr. Miller if the homeowners association
(HOA) for the development will have any decisive authority regarding what type of business
can be put in a live -work unit in order to protect the homeowners, and Mr. Miller stated that a
stipulation requiring staff to review HOA documents to ensure that they contain some type of
caveat to give the HOA some control over what type of businesses could be allowed in the live -
work areas can be included. Mr. Cagle stated that live -work units, by their nature and design,
discourage certain applications, and that the parking arrangements planned are also intended to
place some limits on customer traffic. Mr. Cagle stated that the HOA documents will specify
which types of businesses are allowable for live -work units and which are not. Council Member
Hawkins pointed out that privileged license requirements will tend to filter certain types of
businesses from the live -work areas. Council Member Newcomb asked Mr. Miller if there
will be a deceleration lane in the subject area, and Mr. Miller stated there is a stipulation to
the effect that, if the City Engineer determines a deceleration lane is needed, one can be added.
Council Member Newcomb asked Mr. Miller what effect approval of TennTech's request would
have on future plans to widen Concord Road for a median, and Mr. Miller stated that studies have
indicated it may be possible in the future for a median strip to be installed on Concord Road.
Council Member Newcomb asked Mr. Miller how the City can ensure that certain trees at the
proposed development are protected, and Mr. Miller stated that many of the trees will likely be
lost if the development goes ahead. Council Member Newcomb stated the density of the
proposed development is too high to allow many trees to remain, and that this is a matter of
concern to him. Mr. Miller stated that stipulations for replacement trees, as used in the Village
Green project, are being applied to Concord Road projects as well. Mr. Miller stated the plans
for Concord Road have made the Linear Path a priority consideration. Mayor Bacon stated that,
even in a less dense development, it is not likely that many trees could be saved. Mayor Bacon
stated that telephone poles in the vicinity of the development will detract from its appearance, and
that the expense of putting these utility connections below ground is great. Mr. Miller stated that
underground utility connections are an important consideration for future development on
Concord Road. Mr. Cagle stated he advocates preservation of trees where possible, and that in
order to make this project conform more closely to the City's plans for the subject area, some
changes were made which increased the number of trees that will be removed. Mr. Cagle stated
he always tries to make certain he gives accurate representations of what he intends to build, and
that he does not make promises he cannot keep.
Mayor Bacon recognized Ms. Heather Johnson, residing at 245 Angla Drive, who expressed
disappointment that trees are being lost to continued development. Ms. Johnson asked that efforts
be made to conserve more trees.
Mayor Bacon recognized Mrs. Rebecca Black and Mr. Anthony Black, residing at 1090
McLinden Avenue, who expressed the view that the proposed development could have a
favorable impact on property values in the area.
Mayor Bacon recognized Mr. Paul Atkins, residing at 1130 Medlin Street, who expressed the
view that trees alone will not improve property values, and that the proposed development would
be better than another shopping center. Mr. Atkins stated he supports the proposed development.
Mayor Bacon recognized Ms. Connie Gauche, residing in Roswell, who expressed the view that
trees are a valuable resource and worth saving.
Mayor Bacon recognized Ms. Beverly Clayton, residing at 1150 McLinden Avenue, who
expressed objections to the density of the proposed development and opposition to the develop-
ment.
Mayor Bacon recognized Mr. Peter Berndt, residing at 245 Angla Drive, who expressed
opposition to high -density development.
Mayor Bacon recognized Mr. Ed Hatcher, residing at the corner of Dunton Street and Nichols
Street, who expressed support for the proposed development.
MOTION: Council Member Hawkins made a motion to approve a request to rezone a 5.129
acre parcel from Future Commercial (FC) and R-15 (SFR) to CBD Conditional (Central Business
District) at Concord Road near Dunton and Hunter Streets and between Nichols and Pickens
Streets for TennTech with the following stipulations:
1. There shall be protective covenants on all lots and there shall be a mandatory homeowners
association for the development.
July 15, 2002
11
2. The development shall conform to the site plan ( Concept #3 dated 5/24/02) submitted with
the rezoning application. The following minimum setback standards shall be maintained:
Concord Road — 30' (Res idential/Live-Work), Concord Road — 25' (Commercial),
Dunton/Nichols Street— 10', north property line— 10' and northwest property line— 10'. The
following minimum building separation standards shall be maintained: front to front — 60',
front to side — 40', side to side — 10', side to rear — 30' and rear to rear — 50'.
3. The development shall incorporate the design elements of the City's Urban Design Standards
dated 1998 for commercial and live -work buildings.
4. The developer may have the option of constructing up to 10,000 square feet of
commercial/office floor area in the building proposed to be located at the intersection of
Concord Road and Dunton Street (this building is currently depicted on the site plan). Any
change in the concept for this building must be approved by the Mayor and City Council.
5. All buildings shall be constructed with brick, stone and other masonry products (excluding
Hardi Plank Siding) or a combination thereof on the front and side elevations. The rear
elevations may include Hardi Plank Siding when used in combination with other masonry
products.
6. Internal sidewalks shall be provided in front of each residential unit. The sidewalk along
Concord Road shall be a minimum of 10' to 12' in width while the remaining sidewalks will
be 5' in width.
7. The final design of the sidewalk along Concord Road shall be approved by the City Engineer
consistent with the plans for the Concord Road Linear Path.
The development of private streets shall conform to the City's standards for public right-of-
ways.
9. 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.
10. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes
inside and outside the development.
11. All utilities within the development shall be underground.
12. 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 approval. Trees shall be planted in the
locations detailed on the site plan dated 5/24/02 (at an average spacing of 1 tree per each 35
feet). Tree species and caliper shall conform to the City's landscape requirements provided
the trees along Concord Road are installed at a minimum DBH of between 4" and 6". The
tree species along Concord Road shall be first reviewed and approved by the City as a
condition of building permit approval.
13. 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.
14. There shall be a landscaped front entrance, with monument, indicating the name of the
development. Deceleration lanes shall be provided if deemed necessary by the City Engineer.
15. No debris may be buried on any lot or common area.
16. The developer will install decorative streetlights within the development (including Concord
Road), subject to approval by the City Engineer.
17. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
18. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect or a degreed horticulturist for common areas and entrances.
19. A strip of brick pavers or stamped concrete shall be installed on the street entrance from each
external street for a minimum distance of 20 feet.
July 15, 2002
5
26. The permitted uses in the project will be limited to those allowed in accord with the'Central
Business District, except convenience stores which shall be prohibited.
21. As a condition of building permit approval, the developer shall be responsible for the cost of
their portion of intersection improvements deemed necessary by the City Engineer limited to
split -phasing and signal head changes not to exceed $2,000.
for any reason, development and use of property approved in accordance with the procedure outlined above
nnot be accomplished, such plans shall not be altered, changed, or varied, except after approval by the
ayor and council. When conditional zoning has been granted, but no affirmative action to perform said
conditions, or to obtain a building permit subject to such conditions [has been taken], and such status
continues for 12 months after mayor and council approval of such conditional zoning, the property shall revert
to its original status prior to such conditional zoning.
The motion was seconded by Council Member Cramer. Council Member Lnenicka stated he will
not support the motion, and that he believes the Council should have a clearer idea as to what
direction redevelopment on Concord Road should take before any specific plans are approved.
Council Member Lnenicka also stated that many aspects of the proposed development have not
been presented in adequate detail for a decision to be made, and expressed various concerns.
Council Member Pritchett stated there is a need for compromise. Council Member Pritchett stated
she likes the idea of saving trees, but that the subject area has experienced decline in recent years
and that the proposed development will have a favorable impact on the community. Council
Member Pritchett stated the proposed development fits with tfie general plans for redevelopment
in the Concord Road area, and that she will support the motion.
Council Members Cramer, i-lawkins, Pritchett and Wood voted in favor of the motion, Council
Members Lnenicka and Newcomb voted in opposition to the motion, and Council Member
Scoggins abstained from "voting. Motion was approved 4 — 2.
Council Member Newcomb stated that, because the last motion was approved by only 4 votes, it
is the Mayor's prerogative to veto the vote, and asked Mayor Bacon to consider a veto of the vote
on item 4A. Council Member Cramer stated the Mayor was not required to take any action and
can let the vote stand. Mayor Bacon stated that all the in(iu•mation available should he taken into
consideration when deciding whether or not to approve specific actions.
(B) Land Use Change Request — Low Density Residential to Central Business District -
Concord Road near Dunton and i-Iunter Streets and between Nichols and Pickens Streets
— TennTech
Mayor Bacon stated this is a public hearing and asked For public comment. There was none.
MOTION: Council Member Hawkins made a motion to approve a land use change request from
Low Density Residential to Central Business District for Concord Road near Dunton and Hunter
Streets and between Nichols and Pickens Streets for TennTech, and Council Member Cramer
seconded the motion. Council Members Cramer, Hawkins, Pritchett and Wood voted in favor of
the motion, Council Members Lnenicka and Newcomb voted in opposition to the motion, and
Council Member Scoggins abstained from voting. Motion was approved 4 — 2.
(C) Variance Request — Reduction in Minimum Lot Width — 1 175 Stephens Street — Longo
Homes, Tile.
Mr. Wright stated that the -purpose of the request is to try to save some trees on the lot for which
subdividing is proposed. Mr. Wright stated that staff does not support the request because no
hardship has been demonstrated.
Mayor Bacon recognized Mr. Gary Miller, the property owner, and Mr. Vincent Longo, the
builder.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Mr. Gary Miller stated the purpose of the variance is to preserve some trees on the property in
order to create a buffer between the existing house and the one Mr. Longo proposes to build if
the lot is subdivided. Council Member I lawkins asked Mr. Gary Miller how large the newly
created lot would be, and Mr. Miller stated it will be approximately 15,000 square feet.
MOTION: Council Member Hawkins made a motion to approve a variance request
for reduction in minimum lot width to 65' at 1 175 Stephens Strect for Longo I -Tomes,
July 15, 2002 6
Inc., and the motion was seconded by Council Member Cramer. Motion was approved 7
— 0.
(D) Variance Request - Reduction in Nuinbcr of Required Parking Spaces — South Cobb
Drive/Northern Oulparccl of Highlands Station Shopping Center — Smyrna Beverage
Warehouse
Mr. Wright stated the subject bUSi11CSS is a 9,000 square feet retail store and that the Zonhig
Ordinance requires 50 parking spaces for a business of this size. Mr. Wright stated the applicant
is requesting the number of parking spaces be reduced to 43 because of the irregular shape of the
lot. Mr. Wright stated that staff supports the variance request with certain conditions.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka recognized Mr. Kent Bellflower, who represents the applicant.
Council Member Lnenicka asked Mr. Bellflower to provide details regarding the proposed
landscaping at the subject location, and Mr. Bellflower stated a licensed landscape architect
should be consulted to recommend a suitable plan. Mr. Bellflower stated that trees should be
a minimum of 2" diameter and sod and shrubs should be installed where practicable. Council
Member Lnenicka stated these landscape details will be incorporated into the stipulations as
stipulation #6.
MOTION: Council Member Lnenicka made a motion to approve a variance request for
reduction in the number of required parking spaces from 50 to 30 for South Cobb Drive/
Northern Outparcel of I-lighlauds Station Shopping Center for the Smyrna Beverage
Warehouse with the following stipulations:
Landscape islands will be provided alter every tenth parking space.
2. A 15' wide landscape buffer will be provided along South Cobb Drive.
The building will be designed with four-sided brick elevations.
The subject parcel shall either accontimodate all drainage on site, or via the existing
shopping center retention pond.
There will be an inter- parcel access agreement with the adjacent property to the south
will be obtained whcn built.
Prior to issuance of any COAs, a plan will be agreed upon by the developer and the City
staff. The plan will be prepared by a licensed landscape architect containing trees of a
minimum 2" caliper D131-1, sodded and mulched areas, seasonal color areas, understory
trees and shrubbery.
The motion was seconded by Council Member Wood. Motion was approved 7 — 0.
(E) Variance Request — Reduction in Required Building Separation Distance — Laud Lot 487
—Madison Manor Townhomes
Mr. Wright slated the applicant is requesting that the G-ont/rear to front/rear separation be reduced
from 50' to 47' and the side to front/rear separation be reduced Coin 40' to 20'. Mr. Wright
stated that staff supports the variance request.
Mayor Bacon slated this is a public hearing and asked for public continent, and Mr. Cochran
administered the oath to several persons.
Council Member Hawkins stated that, although Madisou Manor (MM) has been developed as
attached condominiums, the property is still zoned RM-12 for apartments. Council Member '
Hawkins slated that the City Attorney has recommended that the matter should be tabled for three
weeks and that the City initiate a hearing where a rczouing of`the subject property to RAD
Conditional could be considered. Council Member Hawkins slated that the developer could
submit a site -specific plan showing landscaping, sidewalks, and other details normally required
by RAD Conditional guidelines.
MOTION: Council Member Hawkins made a motion to table agenda items 4(E) and 4(F) until
the first Council meeting in August.*
Mayor Bacon recognized Mrs. Miriam Lancaster, owner of the property at 2906 Reed Street; who
July 15, 2002 7
stated the applicant is neither the owner nor the authorized representative for the property. Mrs.
Lancaster stated that notice of this variance request was not given to any of the adjoining property
owners. Mrs. Lancaster stated that Prestige Management is the property management company
for the HOA. (Clerk's Note: A representative of Prestige Management Group contacted City Hall
after.the meeting to advise they are no longer associated with MM) Mrs. Lancaster stated that
Mr. Jahangard, the applicant, has no authority to accept any legal notice on behalf of the home-
owners. Mrs. Lancaster stated that the application does not contain any of the information
required by City ordinances, and that the application is not signed. Mrs. Lancaster pointed out
what she considers to he various deficiencies in the application. Mrs. Lancaster expressed
concern about the number of trees that will be lost if the development goes forward. Mrs.
Lancaster showed those present photographs of a common area she believes would be affected
by the proposed development. Council Member Hawkins stated this matter is being tabled
because of questions which exist about the property's zoning, and that the matter is being tabled
at the initiative of the City, not the developer's. Council Member Hawkins stated no one can be
forced to apply for rezoning, but the City has the authority to rezone property on its own
initiative. Council Member Hawkins stated that, in connection with the rezoning process, the
developer will have to furnish a site plan that can be compared with the standards for
condominiums. Council Member Hawkins stated that the subject property is still technically
apartments and condominium standards cannot be applied until it is rezoned.
Mayor Bacon recognized Mr. Marl: Wohlin, residing at 2920 Reed Street, who showed those
present some sales information he received at the time he purchased his residence, and read some
of the information from them. Mr. Wohlin expressed the view that the developer cannot take
common land that belongs to someone else. Mr. Wohlin expressed concern about aging water
and sewer lines at the existing dwellings. Mr. Wohlin expressed concern about some old trees
that would be lost if the development goes forward. Mr. Wohlin stated the proposed new
structures would split the existing community in half. Mr. Wohlin expressed concern about
possible traffic problems that could be created by the additional density.
Mayor Bacon recognized Mr. Bill Messer, residing at 2930 Davis Street, who wanted to know
who his Council representative is.
Mayor Bacon recognized Ms. Lisa Lewis, residing at 2924 Davis Street, who stated she likes the
trees and natural environment of the common area.
Mayor Bacon recognized Mr. Scott Miller, residing at 2916 Reed Street, who complimented the
Mayor and Council for their interest in the City. Mr. Miller stated he is concerned that what he
considers to be a non-existent entity appears to be trying to convert property to its own use. Mr.
Miller stated it appears that the developer plans to build housing in what he describes as a
"drainage ravine." Mr. Miller stated that the plot submitted by the builder is not to scale.
Mr. Chris Miller stated that there will probably be some neighborhood meetings in the next few
weeks. Mr. Miller stated there were some amendments to the application package, and that the
applicant sent an e-mail setting fort the reasons for the variance request. Mr. Miller stated the
writer communicated in writing that he has contacted the property owners in the affected area
by letter. Mr. Miller stated that tax records were checked to determine ownership of property,
and that a property management representative has indicated the common area is owned by the
developer. Mr. Miller stated that the City Attorney may have to assist with some of the title
searchs. Mr. Miller stated he was the person who placed a notification sign on Church Street,
and that he will try to put additional signs out.
The motion was seconded by Council Member Cramer. Motion was approved 7 — 0.*
(F) Variance Request — Increase in Density from 8 Units/Acre to 9.4 Units/Acre — Land Lot
487 — Madison Manor T'ownhomcs
MOTION: Council Member Hawkins made a motion to table agenda items 4(E) and 4(r) until
the first Council meeting in August. The motion was seconded by Council Member Cramer. The
motion was approved 7 — 0.*
(G) Privilege License Request — Retail Package License (Beer and Wine) for Ben Addiss, Inc.
DBA Exxon rood Mart — 677 Concord Road
Mr. Wright stated the application is fora change of ownership and agent. Mr. Wright stated that
inquiry by the Smyrna Police Department (SPD) disclosed no information that would preclude
issuance of a license, and that all of the license requirements appear to have been met.
July 15, 2002 g
Mayor Bacon recognized Ivir. Ben Addiss.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Hawkins asked Mr. Addiss if he is the new owner, and Mr. Addiss answered in
the affirmative. Council Member I lawkins asked Mr. Addiss if Mekdes Acn►ro will be the new
registered agent, and Mr. Addiss answered in the affirmative. Council Member Hawkins asked
Mr. Addiss if he has previously owned a convenience store, and Mr. Addiss answered no.
Council Member Hawkins asked Mr. Addiss if he has ever owned a store which sold packaged
alcoholic beverages, and Mr. Addiss answered no. Council Member Hawkins asked Mr. Addiss
if Mekdes Aenu-o has had experience in that area, and Mr. Addiss stated he has had experience as
a manager but not as an owner. Council Member Hawkins asked Mr. Addiss if lie has read and if
he understands the City Alcoholic Beverage Ordinance, and Mr. Addiss answered in the
affirmative. Council Member Hawkins asked Mr. Addiss ifs he understands he Hurst ask
purchasers for identification, and Mr. Addiss answered in the affirmative. Council Member
Hawkins asked Mr. Addiss to provide details of the alcoholic beverage sales training lie has in
place, and Mr. Addiss stated employees are trained to ask the proper questions and to ask for
identification. Council Member I lawkins asked Mr. Addiss it' he is aware that his employees
must be fingerprinted and have permits, and Mr. Addiss answered in the affirmative. Council
Member Hawkins asked Mr. Addiss if he is aware that the Underage Drinking Task Force
(UDTF) periodically makes random compliance checks, and Mr. Addiss answered in the
affirmative.
rmat►ve.
MOTION: Council Member Hawkins made a motion to approve a privilege license request for a
retail package license for beer and wine for Ben Addiss, Inc. DBA Exxon Food Mart at 677
Concord Road, and the motion was seconded by Council Member Scoggins. Motion was
approved 7 — 0.
(II) Privilege License Request — Itetall P0111-ilig License (Beer and Wine) for Pizza Hut of
America, Inc. d/b/a Pizza I let — 4500 South Cobb Drive
Mayor Bacon recognized Mr. Rodney Grape.
Mr. Wright stated this is a new location. Mr. Wright stated that inquiry by the Smyrna Police
Department (SPD) disclosed no information that would preclude issuance of a license, and that all
of the license requirements appear to have been met.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka asked Mr. Grape when I'izza Hut (I'l-1) will open, and Mr. Grape
staled III is already open for business. COU11C1I Member Lnenicka asked Mr. Grape when Pizza
Hut opened, and Mr. Grape stated it was around June 6. COUnell Member Lnenicka asked Mr.
Grape if I'll has been operating without an alcoholic beverage license, and Mr. Grape answered
in the affirmative. Council Member Lnenicka asked Mr. Grape for details regarding alcoholic
beverage sales training for employees, and Mr. Grape stated 1-1I1 employees are trained to ask all
alcoholic beverage purchasers for identification. Council Member Lnenicka advised Mr. Grape
the City is aggressive about enforcing alcoholic beverage sales regulations. Council Member
Lnenicka asked Mr. Grape if he understands the City Alcoholic Beverage Ordinance, and Mr.
Grape answered in the affirmative. Council Member Lnenicka asked Mr. Grape why he was
chosen as the agent, and Mr. Grape stated he lives in Cobb County and meets residency
requirements. Mr. Grape stated he has held an alcoholic beverage license before, and has
experience training servers fur alcoholic beverage sales. Cou►ICil Member Lnenicka asked Mr.
Grape how much time he will spend at PH, and Mr. Grape stated about one day a month. Council
Member Lnenicka asked Mr. Grape about the experience of the on -site manager (Jeff'fubbs), and
Mr. Grape stated Mr. Tubbs has several years of experience. Council Member Lnenicka asked
Mr. Grape if he is confident Mr. Tubbs can make certain the alcoholic beverage sales regulations
are complied with, and Mr. Grape answered in the affirmative.
MOTION: Council Member Lnenicka made a motion to approve a privilege license request for a
retail pouring license I6r beer and wine for Pizza l tut of America, lnc. d/b/a Pizza Hut at 4500
South Cobb Drive, and the motion was seconded by Council Member Wood. Motion was
approved 7 — 0.
(1) Privilege License Request — Retail Pouring License (Beer and Wine) for G. 1.
Bakery 11, Inc. d/b/a/ Atlanta Bread Company — 4490 South Cobb Drive
July 15, 2002 9
Mr. Wright stated this is a new location. Mr. Wright stated that inquiry by the Smyrna Police
Department (SPD) disclosed no information that would preclude issuance of a license, and that all
of the license requirements appear to have been met.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka recognized Mr. Charles Puckett and Mr. Wayne Wallhausen, the
attorney representing Atlanta Bread Company (ABC). Council Member Lnenicka asked Mr.
Puckett if he has received a copy of and understands the City Alcoholic Beverage Ordinance, and
Mr. Puckett answered in the affirmative. Mr. Puckett asked if cashiers who conduct sales
transactions, but do not actually serve alcoholic beverages, must be 18 years of age, and Mr.
Cochran stated he will check into this and advise at a subsequent time.
MOTION: Council Member Lnenicka made a motion to approve a privilege license request for a
retail pouring license for beer and wine for G. 1. Bakery ii, inc. d/b/a/ Atlanta Bread Company at
4490 South Cobb Drive, and the motion was seconded by Council Member Wood. Motion was
approved 7 — 0.
FORMAT. BUSINESS:
(A) Approval of Resolution for Principles of the GMA Certified City of Ethics Program
Mr. Wright stated that Georgia Municipal Association (GMA) has a program which encourages
ethical behavior among city officials and recognizes cities that adopt appropriate standards for
ethical conduct. Mr. Wright stated that in order for the City to be recognized as a Certified City
of Ethics, the proposed resolution n►ust he adopted.
Council Member Wood read the proposed Resolution to those present:
MOTION: Council Member Wood made a motion to approve adoption of the Resolution for
principles of the GMA Certilied City of Ethics program, and the motion was seconded by
Council Member Lnenicka. Motion was approval 7 — 0.
(B) Approval of Contract to Partner with First Baptist Church of Smyrna to Construct. a
Parking Facility
Mr. Wright stated the City has furnished funding to demolish the old library building and
construct a parking lot near the Village Market as part of that development. Mr. Wright stated
First Baptist Church of Smyrna (FBC) has requested cooperation with the City in building a
parking lot adjacent to its facility as well. Mr. Wright stated the proposed contract is favorable to
the City and to FBC as the City can take funds earmarked for.lohn Wieland I tomes (.iWi i) and
turn them over to FBC to build one unified parking lot to the same standards as the bid from
JWH.
MOTION: Council Member Cramer made a motion to approve a contract to partner with First
Baptist Church of Smyrna to construct a parking facility, and the motion was seconded by
Council Member i lawkins. Motion was approved 7 — 0.
(C) Validation of Application for Annexation of Property —24.0 Acres Tract - Land Lots 316,
317, 332 and 333, East/West Connector and Fontaine Road, 171h District, 2"" Section,
Cobb County, Georgia -Cooper Lake limited Partnership
Legal Description
All that tract or parcel of land lying and being in Land Lots 316, 317, 332, and 333, of the 17"'
District, 2`1 Section, City of Smyrna, Cobb County, Georgia, and being 24.0 acres as shown on
survey of Fontaine Estates, dated .tune 3, 2002, prepared by 13i-1 & D Engineering, inc., and being
more particularly described as follows:
Beginning at a point located on the southerly right of way of East-West Connector, which point
is 480 feet westerly as measured along the southerly right of way of East-West Connector, from
the intersection of the southerly right of way of East-West Connector with the westerly right of
Fontaine Road (if said rights of way were extended to form a point): thence running south 22
degrees 18 minutes 09 seconds east For a distance of 215.94 feet to a point; thence running
soutli 04 degrees 48 minutes 35 seconds east for a distance of 172.82 feet to a point and corner;
thence running south 82 degrees 12 minutes 12 seconds east for a distance 186.83 feet to a
point and corner; thence running south 46 degrees 56 minutes 21 seconds east for a distance of
July 15, 2002 10
61.42 feet to a point and corner; thence running south 78 degrees 47 minutes 25 seconds east
for a distance of 139.64 feet to a point and corner located on the westerly right of way of
Fontaine Road; thence running in a southerly direction as measured along the westerly right of
way of Fontaine Road the following courses and distances: along the arc of a curve, an arc
distance of 101.43 feet(said arc being subtended by a chord bearing south 12 degrees 00
minutes 31 seconds west, a chord distance of 101.42 feel, and having a radius of 1,708.40 feet)
to a point; south 13 degrees 42 ►ninutes 34 seconds west, for a distance of 539.51 feet to a point
and corner; thence running north 85 degrees 58 minutes 10 seconds west for a distance of
400.32 feet to a point; thence running north 85 degrees 57 minutes 45 seconds west for a
distance of 388.38 feet to a point; thence running north 82 degrees 40 minutes 49 seconds west
for a distance of 159.09 feet to a point and corner; thence running north 26 degrees 47 minutes
33 seconds west for a distance of 135.72 beet to a point and corner; thence running north 01
degree 40 minutes 57 seconds cast for a distance of 106.97 feet to a point; thence running
north 18 degrees 01 minutes 11 seconds east for a distance of 149.85 feet to a point; thence
running north 27 degrees 18 minutes 17 seconds east for a distance of 187.30 feet to a point;
thence running north 43 degrees 30 minutes 36 seconds cast for a distance of 190.11 feet to a
point and corner; thence running north 17 degrees 29 minutes 16 seconds east for a distance of
126.01 feet to a point and corner; thence running north 42 degrees 30 minutes 49 seconds east
for a distance of 148.26 feet to a point and corner located on the southerly right of way of East-
West Connector; thence running north 85 degrees I 1 minutes 25 seconds east as measured
along the southerly right of way of' East-West Connector for a distance of 508.74 feel to the
point of beginning.
MOTION: Council Member Wood made a motion to approve validation of application for
annexation of property, 24.0 acres tract in Land Lots 316, 317, 332 and 333, at East/West
Connector and Fontaine Road, 17th District, 2"`1 Section, Cobb County, Georgia for Cooper Lake
Limited Partnership, and to set a public I►caring dale of' August 19, 2002, and the motion was
seconded by Council Member Cramer. Motion was approved 7 — 0.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval ol'July I, 2002 Minutes
MOTION: Council Member Scoggins made a motion to approve the consent agenda, and the
motion was seconded by Council Member Crainer. Motion was approved 7 — 0.
COMMITTEE REPORTS:
Council Member Newcomb stated he maintains an open and impartial mind about every rezoning
request that comes before the Council.
Council Member Cramer reminded those present that bricks at the Veterans Memorial are still
available and that the City's anniversary celebration will be coming next month.
Council Member Lnenicka recognized Mr. Chris Miller, who provided current permit statistics.
Mr. Miller reminded those present about the Growth Strategies Committee meeting this month.
Mayor Bacon expressed his appreciation to Representative "ferry Johnson for his assistance
in obtaining Local Assistance funds in the amount of $35,000 for the Veterans Memorial.
Mr. Wright stated that on July 22 at Brinkley Park there will be an all-star Little League baseball
game.
ADJOURNMENT:
With no further business, the meeting was adjourned at 11:30 p.m.
July 15, 2002
A. MAX BACON, MAYOR
MELLENY PRITCHETT, WARD I
CRAMER, WARD 5
CHARLES PETE WOOD, WARD 7
SUSAN D. HIOTT, CITY CLERK
RON NEWCOMB, WARD 2
/%7 • lV
;.AMII-S M. I IAWKINS, WARD 4
WADE S. L,NENICKA, WARD 6
RESOLUTION
WHEREAS the Board of Directors of the Georgia Municipal Association has
established a Certified City of Ethics program; and,
WHEREAS the City of Smyrna, wishes to be certified as a Certified City of Ethics
under the GMA Program; and,
WHEREAS part of the certification process requires the Mayor and Council to
subscribe to the ethics principles approved by the GMA Board;
NOW THEREFORE BE IT RESOLVED by the governing authority of the City of
Smyrna, Georgia, that as a group and as individuals, the governing authority subscribes to the
following ethics principles and pledges to conduct its affairs accordingly:
* Serve Others, Not Ourselves
* Use Resources With Efficiency and Economy
* Treat All People Fairly
* Use The Power of Our Position For The Well Being Of Our Constituents
* Create An Environment Of Honesty, Openness And Integrity
SO RESOLV t 's 15`h day of July, 2002. c.,1
A. Max Bacon, Mayor Susan D. Hiott, City Clerk
Ron Newcomb, Ward 2
ames lid. Hawkins. Idbiard 4 �
Wade S. Lnenicka, Ward 6
Charles Pete Wood, Ward 7