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October 1, 2001 Coucil Meeting October 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.I0k 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, 17th District, 2nd 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, 17th District, 2nd 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) I J ___1_1~_ 1_____.:___ ___..J __1_~....J .c~_ _~.t..l:..... .............-....-....._+ Tl-......_...... ...",......... '- ... 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-l 0'. 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 trppc ror tUTr\ 'J" l'"l,npr "nrl tur... 4" l'l'llinpr trpp" Thp following snecies of trees October 1, 2001 5 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. r----.r , r I I -. 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 15th day of October,200! / ~~ A. Max Bacon, Mayor ~ nlJq,lLd~ ( Kellie M. Barber, City Clerk City of Smyrna r1 { I \e ~-- 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, I ih District, 2nd 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 pf97.30' to a point; go thence N20* 17'54"W a distance of 40.00' to a point; go thence S69*42'06"W a distance of 115.02' to a point' go thence S44*49' 17"W a distance of 105.01' to a point on the north right-of-way of Daniel Street (30' R1W); 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' lO"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 of92.87 to the POINT OF BEGINNING. ... 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