09-16-2002 Regular MeetingSeptember 16, 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 except Council Members Pritchett and Wood. Also present were City
Administrator Wayne Wright, Executive Assistant Leah Bronson, Acting City Attorney Mike
Williams, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director
Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation
Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director
Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller,
Community Relations Director Jennifer Bennett and representatives of the press.
Invocation was given by Council Member Hawkins, followed by the pledge to the flag.
CITIZENS INPUT:
Mayor Bacon recognized Messrs. Joe Bland and Gordon Mortin of the Smyrna Housing Authority
(SHA). Mr. Bland stated brochures were sent out in recent water bills, at no cost to City tax-
payers, in which are set forth details regarding a new home improvement loan program. Mr.
Mortin stated the program is for providing home improvement assistance to homeowners with
family incomes less than $40,000 per annum. Mr. Mortin stated eligible homes must be within the
city limits of Smyrna and occupied by the owner. Mr. Mortin stated the loans are available from
Security Exhange Bank at an annual interest rate of 5% and a term of up to ten years. Mr. Mortin
stated the brochures were designed by Ms. Darlene Davidson, another SHA member. Mr. Bland
stated another program exists which provides home repair and improvement assistance gratis to
qualified homeowners without the means to pay for the work themselves.
Mayor Bacon recognized Mr. Doug Stoner, who discussed his candidacy for State House District
34, Post 1, and asked those present for their support.
Mayor Bacon recognized Mr. Rob Teilhet, who discussed his candidacy for State House District
34, Post 2, and asked those present for their support.
Mayor Bacon recognized Mr. Miller, who discussed the progress of the Smart Growth
Commission (SGC) and provided details of SGC activities, including the guest lecturer series.
Mr. Miller recognized and thanked the SGC members individually, and presented each of them
with a specially inscribed plaque. Council Member Hawkins and Council Member Lnenicka
expressed appreciation to the SGC members for their service to the City.
PUBLIC HEARINGS:
(A) Variance Request — Church not in Free -Standing Building in GC Zoned Area — 560
Windy Hill Road —New Testament Church, inc.
Mr. Wright state the Smyrna Zoning Code requires churches to be located within a building which
is used principally as a church. Mr. Wright stated the applicant has requested a variance to allow
the New Testament Church (NTC) to be located in an existing commercial shopping bay.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Cramer recognized Rev. Wayne Cantrell, residing on Roswell Street, who stated
the purpose of locating NTC at the proposed site is to put the church in proximity to the
neighborhoods in that area. Council Member Cramer asked Mr. Cantrell if he was given a copy of
the Zoning Code and advised a church could not be put in the proposed location,'and Mr. Cantrell
answered in the affirmative. Council Member Cramer stated there are other locations available
which may be more suitable for a church, and Mr. Cantrell stated the proposed location is only a
starting point. Mr. Cantrell stated the members of NTC want to help people in the community.
Council Member Cramer asked Mr. Miller if it is correct that staff analysis determined that the
NTC application does not meet the hardship criteria, and Mr. Miller answered in the affirmative.
Mr. Miller stated another factor taken into consideration is the fact that other available locations
could provide a free-standing building for use as a church. Mr. Miller stated that the Zoning Code
is generally liberal regarding churches, but a free-standing building used principally as a house of
worship is a requirement. Mr. Miller stated that churches are a very specific type of use, and that
shopping centers are not intended to house churches. Mr. Miller stated that churches have hours
of operation and parking requirements that differ from those of retail and office uses, and that such
differences account for the way the Zoning Code is written. Mr. Miller expressed the view that
this aspect of the Zoning Code should be adhered to. Council Member Hawkins asked Mr. Miller
September 16, 2002 2
if Cobb County has similar requirements for church buildings, and Mr. Miller answered in the
affirmative. Mr. Miller stated that there would also be building code issues regarding safety
measures at the proposed site which would have to be addressed. Mayor Bacon stated this is not
the first instance in which a church congregation has sought a variance of this type. Mayor Bacon
stated that he believes the City's churches are a positive influence on the community, but he is
concerned about establishing a precedent of allowing churches to be located in shopping centers.
Mayor Bacon stated that similar requests have been turned down in the past. Council Member
Lnenicka asked Mr. Cantrell to describe NTC's efforts to find a free-standing building. Mr.
Cantrell stated that NTC previously purchased property in the area of 1446 Roswell Street, but
some people did not want a church there. Council Member Hawkins suggested to Mr. Cantrell
that part of Mr. Cantrell's property could be deeded to NTC, and the consolidated tract could be
considered for rezoning for use as a church. Council Member Hawkins suggested another
alternative could be selling the Roswell Street property and using the proceeds to buy a suitable
property for use as'a church. Mr. Cantrell stated that Council Member Hawkins' suggestions are
possibilities that can be considered. Council Member Hawkins stated that the City cannot treat the
members of NTC differently than members of other church organizations. Council Member
Scoggins stated NTC's Roswell Street property has a small building and a limited amount of land,
and that the City Council must try to comply with the Zoning Code as closely as possible. Council
Member Scoggins stated that a variance can be applied for, but that any final decision must be
based on a majority vote of the Council. Council Member Hawkins suggested to Mr. Cantrell that
Mr. Cantrell consult with Mr. Miller before undertaking any particular course of action. Council
Member Hawkins stated Mr. Miller's expertise could be beneficial to NTC in their efforts to find a
solution for their building needs. Council Member Cramer suggested tabling the variance request
until the October 7 Council meeting to provide Mr. Cantrell more time to consider various options.
Mr. Cantrell stated he would like for the variance request to be tabled until the October 7 Council
meeting. Council Member Newcomb commended Mr. Cantrell for his efforts to establish a
church, and stated the City cannot grant a particular type of variance to one entity and deny the
same variance to another entity. Council Member Newcomb stated the City must be consistent in
regard to land use, and that he would not support a variance to put a church in a building that is
not free-standing.
MOTION: Council Member Cramer made a motion to table the variance request for a church not
in a free-standing building in a GC zoned area at 560 Windy Hill Road for New ,restament
Church, Inc., until the October 7, 2002 Council meeting, with the stipulation that, if the
application is withdrawn, application fees will be refunded. The motion was seconded by
Council Member Lnenicka. Motion was approved 5 — 0.
(B) Request for Amendment to Zoning Stipulations — Various — 3.51 Acre Tract in Land Lot
692, Lois Pointe Subdivision — Stephen Pritchard
Mr. Wright stated the applicant seeks several variances, including reduction in rear yard set backs
for lots 2,3,10, 11 and 12, allowance of encroachment of the chimney chase on Lot 1 into
the 20' buffer area, and allowance of Hardiplank siding on Lot 11. Mr. Wright stated staff
supports the proposed zoning amendment.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka complimented Mr. Steve Pritchard for providing materials to the City
that clearly illustrate the proposed changes at the affected locations. Mr. Pritchard stated that
Lois Pointe is a twelve -unit subdivision on Lewis Street. Mr. Pritchard stated he has been able to
plan to preserve all the trees on Lewis Street while drawing up the design for the subdivision. Mr.
Pritchard showed some illustrations of the project to those present, and provided various details
concerning the proposed construction and the need for the various proposed changes. Council
Member Lnenicka asked what the price range of the houses will be, and Mr. Pritchard stated
they will cost between $375,000 and $475,000. Council Member Hawkins also complimented Mr.
Pritchard for providing materials to the City that clearly illustrate the proposed changes at the
affected locations.
MOTION: Council Member Lnenicka made a motion to approve the request for amendment to
zoning stipulations, including reduction in rear yard set backs for lots 2,3,10, 11 and 12, allowance
of encroachment of the chi►riney chase on Lot 1 into the 20' side buffer area, and allowance of
Hardiplank siding on Lot 11, for a 3.51 acre tract in Land Lot 692 at Lois Pointe Subdivision for
Stephen Pritchard. The motion was seconded by Council Member Cramer. Motion was approved
5-0.
(C) Privilege License Request — Taxi Service — Taxi International, Inc. DBA International
Taxi — 765-B Windy Hill Road — Agent and Ownership Change
September 16, 2002
Mayor Bacon asked the applicant to come forward and be recognized, but there was no response.
'.a a
MOTION: Council Member Cramer made a motion to table the agent and ownership change
request for the privilege license for a taxi service for Taxi International, Inc. DBA International
Taxi at 765-B Windy Hill Road until the October 7, 2002 Council meeting. The motion was
seconded by Council Member Hawkins. Motion was approved 5 — 0.
FORMAL BUSINESS:
(A) Approval to Abandon Utility Easement on Carolyn Drive and Spring Drive
Mr. Wright stated a utility easement was recorded on the original subdivision plat at the subject
location, but there are no utilities in the easement and no need for the City to access the area for
drainage or any other utility maintenance. Mr. Wright stated the easement crosses 58 lots, and
staff recommends abandonment of the easement.
MOTION: Council Member Newcomb made a motion to approve abandonment of the City
easement from lots 2432 to 2694 on the west side of Carolyn Drive, and from lots 2433 to 2675 on
the east side of Spring Drive. The motion was seconded by Council Member Hawkins. Motion
was approved 5 — 0.
(B) Approval of Validation of Application for Annexation — 24.450 Acre Tract — Land Lot
613, 17d' District, 2"d Section, Cobb County, Georgia, Oakdale Road — Kevin Mendelsohn
Mr. Wright stated this annexation was tabled until the October 7 Council meeting in connection
with a rezoning. Mr. Wright stated that, in order to comply with State law, the process of
validation, advertising and public hearing will be repeated.
Legal Description
All that tract or parcel of land lying and being in Land Lot 613 of the 17d' District, 2"d Section of
Cobb County, Georgia and being more particularly described as follows:
Beginning at the Land Lot corner common to Land Lots 54, 55, 612, and 613 (said point being a
concrete monument found), said point being the true point of beginning. Thence from said point,
N00 degrees 15'40"E, a distance of 737.57 feet; thence S87 degrees] 7'47"E, a distance of
1248.79 feet to the point of curve of a non -tangent curve to the right, of which the radius point lies
S03 degrees 26' 10"W, a radial distance of 547.96 feet; thence easterly along the arc, an are
distance of 139.42 feet, a chord bearing of S79 degrees I 6'30"E, and a chord of 139.04 feet; thence
S71 degrees59'09"E, a distance of 243.55 feet; thence S24 degrees23'33"E, a distance of 56.23
feet thence S26 degrees 22'50"W, a distance of 53.68 feet to a point of curve to the right having a
radius of 1607.02 feet, a tangent length of 147.75 feet, an arc length of 294.26 feet; a chord
bearing of S31 degrees38'01 "W and a chord distance of 294.26 feet; thence S36 degrees
53' 12"W, a distance of 136.51 feet to a point of curve to the right having a radius 2834.79 feet, a
tangent length of 123.36 feet, an arc length of 246.57 feet, a chord bearing of S39 degrees
22'42"W and chord distance of 246.49 feet; thence N50 degrees 45'01 "W, a distance of 77.37
feet; thence N88 degrees51'45"W, a distance of 1166.02 feet to the point of beginning. Said tract
containing 1,065,046 square feet, or 24.450 acres, more or less.
Council Member Lnenicka stated that State law requires property to be rezoned before annexation,
so the annexation was tabled along with the rezoning.
MOTION: Council member Lnenicka made a motion to approve validation of an application for
annexation for a 24.450 acre tract in Land Lot 613, 171" District, 2"`1 Section, Cobb County,
Georgia, Oakdale Road for Kevin Mendelsohn with a public hearing date set for October 7. The
motion was seconded by Council Member Cramer. Motion was approved 5 — 0.
(C) Approval of Validation of Application for Annexation — 6.0 Acre Tract — Land Lot 55, 18d'
District, 2"d Section, Cobb County, Georgia, Oakdale Road — Thelma Merck
Legal Description
All that tract or parcel of land lying and being in Land Lot 55 of the 18°i District, 2"d Section of
Cobb County, Georgia and being more particularly described as follows:
Beginning at a point marked by an iron pin located on the west land lot line of Land Lot 55, 250
feet south of the northwest corner of Land Lot 55; thence running north 88 degrees 39 minutes 10
seconds east a distance of 1,062.1 feet to an iron pin located on the northwest right of way of
September 16, 2002 4
Oakdale Road; thence running southwest along the northwest right of way of Oakdale Road an arc
distance of 409.3 feet to an iron pin (having a tic line distance of south 36 degrees 40 minutes 08
seconds west a distance of 409 feet to an iron pin); thence contint►ing along the northwest right of
way of Oakdale Road south 31 degrees 33 minutes 29 seconds west a distance of 125 feet to an
iron pin at the northeast side of a 30 foot drive easement; running thence in a northwesterly
direction along the north side of said 30 foot drive easement 786 feet more or less to an iron pin on
the west line of Land Lot 55; running thence north 1 degree, 33 minutes, 24 seconds west along
the west land lot line of Land Lot 55 a distance of 184 feet to an iron pin and the point of the
beginning. Said tract containing 6.0 acres, more or less.
MOTION: Council member Lnenicka made a motion to approve validation of an application for
annexation for a 6.0 acre tract i►1 Land Lot 55, 18d' District, 2" d Section, Cobb County, Georgia,
Oakdale Road for Thelma Merck with a public hearing date set for October 7. The motion was
seconded by Council Member Cramer. Motion was approved 5 — 0.
(D) Approval of Validation of Application for Annexation — 2.2 Acre Tract — Land Lot 621,
17'h District, 2" d Section, Cobb County, Georgia, South Cobb Drive — Herbert Ruddell
Mr. Wright stated the legal description furnished by the applicant was reviewed by the City
Engineer and determined to contain errors. Mr. Wright stated that, in order to make certain the
annexation is done legally, the process of validation, advertising and public hearing will be
repeated.
Legal Description
All that certain property situated and being in Land Lot 621 of the 17`h District and 2°d Section of
Cobb County, Georgia, and more particularly described as follows:
BEGINNING at the intersection of the southeastern right-of-way of Ivy Glen Drive with the
southwestern right-of-way of South Cobb Drive (SR 280), said point being the POINT OF
BEGINNING; thence southeasterly along said right-of-way of South Cobb Drive a distance of 300
feet to a point; thence southwesterly a distance of 320 feet to a point; thence northwesterly a
distance of 265 feet to a point on the southeastern right-of-way of Ivy Glen Drive; thence
northeasterly along said right-of-way of Ivy Glen Drive a distance of 300 feet to the POINT OF
BEGINNING. Said tract containing 2.2 acres, more or less.
MOTION: Council member Lnenicka made a motion to approve validation of ail application for
annexation for a 2.2 acre tract in Land Lot 621, 17'hDistrict, 2" d Section, Cobb County, Georgia,
South Cobb Drive for Herbert Ruddell with a public hearing date set for October 7. The motion
was seconded by Council Member Gamer. Motion was approved 5 — 0.
(E) Appointment of Replacement Member to the Parks and Recreation Commission for Ward
6
Council Member Lnenicka stated that Mr. Hal Choyce has served on the Parks and Recreation
Commission (PRC) with distinction, but that the demands of his work currently do not allow
sufficient time for continued PRC service. Council Member Lnenicka expressed his appreciation
to Mr. Choyce for his service to the City. Council Member Lnenicka stated that Mr. Joe Pence
would be a capable replacement member for the PRC, and provided details of Mr. Pence's
qualifications and experience.
MOTION: Council Member Lnenicka made a motion to appoint Joe Pence to a three-year term
beginning October 1, 2002 to represent Ward 6 on the Parks and Recreation Commission. The
motion was seconded by Council Member Cramer. Motion was approved 5 — 0.
COMMERCIAL_ BUILDING PERMTS:
There were none.
CONSENT AGENDA:
(A) Approval of September 3, 2002 Minutes
(B) Approval of Purchase of Three Frog Sculptures
The proposed purchase is for three copper frog sculptures custom-made for the City by
artist Beau Smith. The sculptures will be placed at the Market Village, Smyrna
Arboretum (duck pond) and outside the Library.
September 16, 2002
(C) Approval of Amendment to City of Smyrna's Drug and Alcohol -Free Workplace/Smoking
Policy
The'updated Attachment "A", which lists positions subject to pre -employment screening,
will incorporate some new or upgraded positions that were not included when the policy
was originally implemented.
(D) Approval of Letter of Agreement with Knox Wall for Refunding of Outstanding Bonds
The proposed letter of agreement authorizes Knox Wall to prepare the necessary
statements and contracts to issue new bonds to replace outstanding bonds issued by the
DDA in 1989, 1990, 1993, and 1994 to save interest expense.
(E) Approval of Authorization of Mayor to Sign Contract for the Mercer Group for a Tax
Equity Study
The agreement calls for Smyrna, Cobb County and other Cobb County municipalities to
share in the cost of the study to determine the extent of any inequities in taxation by Cobb
County for services not received by city residents.
(F) Approval of Terms of Employment of City Clerk
The conditions of the City Clerk's employment are set forth in the Offer of Employment
letter dated April 18, 2002.
MOTION: Council Member Cramer made a motion to approve the consent agenda, and the
motion was seconded by Council Member Lnenicka. Motion was approved 5 — 0.
COMMITTEE REPORTS:
Council Member Newcomb recognized Mr. Seigler, who provided current statistics for the City
Library. Mr. Seigler stated that Ms. Lisa Tarr is the new Youth Services Librarian, and described
reading programs that Ms. Tarr has planned. Mr. Seigler also provided details of upcoming
activities planned by the Friends of the Library.
Council Member Newcomb recognized Ms. Bennett, who provided details regarding upcoming
entertainment events, including the Fall Festival and Halloween on the Green. Council Member
Newcomb thanked Ms. Bennett for her efforts to organize the Taste of Smyrna event, and Ms.
Bennett expressed appreciation to the Parks and Recreation Department staff and Mrs. Odalys
Huggins for their assistance.
Council Member Newcomb recognized Mr. Corey, who provided a summary of positions for
which the City is recruiting. Mr. Corey provided details concerning an upcoming meeting for
updated information on the City's health insurance plan. Mr. Corey discussed the Employee
Family Health and Safety Fair planned for October 18 at Tolleson Park.
Council Member Newcomb provided updated information regarding West Nile virus, and
reminded those present of the importance of precautions against this disease.
Council Member Scoggins recognized Chief Hook, who reported that citizen vigilance has been
helpful in making some burglary arrests recently.
Council Member Hawkins stated that metal detectors have been installed at the City Court as a
safety measure. Council Member Hawkins stated that the City Code and minutes can now be
accessed on the City website.
Council Member Cramer recognized Ms. Kirk, who provided details of the upcoming Rivers
Alive, Adopt -A -Mile, and jonquil sale events. Ms. Kirk discussed the West Nile virus problem, and
reminded those present of the importance of precautions against this disease.
Council Member Cramer recognized Mr. Stokes, who reported that wood chips are available at no
charge to citizens who request them. Mr. Stokes stated that starting in November, City crews will
pick up leaves brought to the curbside. Mr. Stokes provided details regarding some Counter-
measures to West Nile virus which the Public Works Department will employ. Council Member
Scoggins expressed appreciation to Mr. Stokes for the efforts put forth by the Public Works
Department.
Council Member. Cramer reminded those present that commemorative bricks for the Veterans
Memorial are still available.
Council Member Lnenicka recognized Mr. Miller, who provided current construction permit
statistics to those present.
September 16, 2002
0
Council Member Lnenicka reminded those present about the Veterans Memorial dedication
ceremony on October 12, and provided details of expected guests and planned events.
Council Member Lnenicka stated the installation of sod at the Memorial has brought the site closer
to its final planned appearance. Council Member Lnenicka stated that he believes the citizens are
excited about the Memorial.
Mr. Wright reported that Ms. Hiott is helping to teach a clerk's class at the Carl Vinson Institute
at the University of Georgia this week, and stated the fact that Ms. Hiott was selected for this task
attests to the high caliber of her professionalism. Mr. Wright commended the City management
staff present for their attendance at the current date's meeting.
CITIZENS INPUT:
There was none.
ADJOURNMENT:
With no further business, the meeting was adjourned at 9:07 p.m.
A. MAX BACON, MAY
, CITY CLERK
RON NEWCOMB, WARD 2
LL SC GGINS, W 3 XJAME-S M. HAWKINS, WARD 4
CHARLES PETE WOOD, WARD 7