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June 5, 2000 Council Meeting June 5, 2000 I; 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 Councilman Pete Wood who was absent"due to illness. Also present were City Administrator Howard Smith, City Clerk Candis Joiner, City Attorney Scott Cochran, Director of Finance Claudia Edgar, Chief Budget Officer Greg Van Antwerp, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Councilman Hawkins; followed by the pledge to the flag. .. CITIZENS INPUT: Mayor Bacon introduced State Court Judge Rusty Carlisle who stated that he is seeking reelection and encouraged everyone to vote. Mayor Bacon introduced Judge Susan Brown Harkins, Cobb Magistrate Judge, who is seeking election for Chief Magistrate Judge. Mayor Bacon introduced Mr. Dan Cavellier who is seeking election as a Cobb County Commissioner for District 2 and encouraged everyone to vote in the primary on July 18, 2000. Mayor Bacon introduced Major Eric Marratta and Staff Sergeant Timothy Bundick and asked Councilman Cramer to read a proclamation in honor of U.S. Army Week. The proclamation was read and presented. Both officers thanked the City for the proclamation. Mayor Bacon introduced Mr. Bill Lnenicka, Veteran's Memorial Association President, who stated that construction on the Veterans Memorial Park should begin in October. Mr. Lnenicka presented an artistic rendering of the Veterans Memorial Park. Councilman Cramer stated that there are brochures available in the Library, Community Center and City Hall. ... Mayor Bacon introduced Community Relations Director, Jennifer Bennett who presented Certificates of Appreciation to the Jonquil Jog Sponsors. Mayor Bacon presented Ms. Shellie Cordelle and Ms. Judy Whaley of Campbell High School with a $5,000.00 check from proceeds from the Jonquil Jog. Ms. Whaley thanked the City of Smyrna for its continued support of Campbell High School. Mayor Bacon stated that Councilman Wood is doing great and wished him well. PUBLIC HEARINGS: (A) Annexation Request-7 Acres-Island 40-Land Lot 625-Ridge Road-17th District, 2nd Section, Cobb County, Georgia. Mr. Smith stated that this annexation is a part of the continuing effort of the Mayor and Council to coordinate service delivery efforts under HB489 and that if approved by Council, the tract will become a part of Ward 6. .... Legal Description . All that certain property situated and being in Land Lots 624 and 625 of the 17th District and 2nd Section, Cobb County, Georgia, being Parcels 8, 9, 10, 11, 12, 13, 14, 15, and 16 in Land Lot 625, and more particularly described as follows: BEGINNING at the common intersection of Land Lots 625, 626, 671, and 672, said point being the POINT OF BEGINNING; thence southwesterly a distance of 1201.5 feet to a point; thence southeasterly a distance of 23.69 feet to a point; thence southwesterly a distance of 174.17 feet to a point on the northeastern right-of-way of Glenhurst Drive; thence southeasterly along said right-of-way of Glenhurst Drive a distance of 326 to a point at the intersection of the northeastern right-of-way of Glenhurst Drive with the northwestern right-of-way of Ridge Road; thence northeasterly along said right-of-way of Ridge Road a distance of 1380.3 feet to a point on the eastern lot line of Land Lot 625; thence northerly along said land lot line a distance of 279.7 feet to the POINT OF BEGINNING. Mayor Bacon stated that this is a public hearing and stated that anyone in opposition or in favor would have the opportunity to speak. City Attorney Scott Cochran administered the oath to the persons who would be speaking on this issue. June 5, 2000 2 Mayor Bacon introduced Mr. Jerry Greeson, 3800 Ridge Road, who stated that he is in opposition to this annexation. Mr. J. Greeson stated that he is speaking on behalf of the 9 people who are being annexed into the City and presented Mayor Bacon with a signed petition stating their opposition. Mr. J. Greeson asked if HB489 states that the City "shall" or "will" annex islands. Mr. J. Greeson stated that he is proud of what the city of Smyrna has accomplished but he and his neighbors would like to remain in Cobb County. Mayor Bacon stated that the City has not been approached by Cobb County regarding island annexation. Mayor Bacon stated that the annexation law passed in 1992 stated that the City may annex islands. Mayor Bacon introduced Mr. Mitchell Greeson of 3860 Ridge Road who stated that he was told that he would not be annexed into the city of Smyrna and read the minutes of a 1986 meeting. Mr. M. Greeson stated that the stipulations regarding sewer easements were not enforced. Mr. M. Greeson stated that the reason that he does not want to come into the city of Smyrna is because he feels that he has been disrespected by the city of Smyrna. Mayor Bacon asked if the City could do anything for Mr. M. Greeson and Mr. M. Greeson asked that the City enforce the sewer easement stipulations. ...", Councilman Hawkins asked Mr. M. Greeson if he is saying that according to the minutes from the 1986 meeting, the City granted a sewer easement to lot 38 and in the vicinity of lot 4 or 5 and Mr. M. Greeson stated that this is true. Mr. J. Greeson stated that Mr. M. Greeson's lot is lot number 5 and that the only practical way would have been to have an easement between lots 4 and 5. Mr. J. Greeson stated that the developer that developed the Vinings Glen subdivision could not afford to give a twenty foot easement between lots 82 and 4 so the sewer tap is in manhole number 2. Mr. M. Greeson stated that if the City had built the sewer as planned the cost would have been minimal and few trees would be lost. Councilman Lnenicka stated that the because the 1986 zoning did not happen and that the stipulations were null and void. Mayor Bacon introduced Ms. Victoria Seastrom of 3810 Ridge Road who stated that she is in opposition to the annexation. Ms. Seastrom stated that she is unsure of her rights and would like to maintain her quality of life as a Ridge Road homeowner. Ms. Seastrom stated that at an earlier meeting, Mayor Bacon stated that it was not his intention to annex any citizens who did not wish to be in the City of Smyrna. Ms. Seastrom asked for the reason as to why the City was proceeding with the annexation at this time. .... Mr. J. Greeson asked that if the Council does annex this island, would the City waive sewer tap expenses and Councilman Lnenicka stated that the City is making arrangements to enable homeowners to tap into sewer lines. Councilman Lnenicka stated that if the homeowners are willing to grant an easement for sewer, the City would be willing to install a sewer line to service the property. Mr. J. Greeson stated that he would like to meet with his neighbors regarding sewer easements. Councilman Hawkins stated that the City could not force these homeowners to install a sewer and Councilman Lnenicka stated that he agreed. Councilman Newcomb stated that the back yards are nice and wooded and that he did not want to force people to connect to the sewer if they did not wish to. Councilman Scoggins asked if the sewer line fee for the homeowners would be waived and Mayor Bacon stated that the City could wave the City's $500.00 charge to connect to sewer lines but would not be able to waive the $1200.00 County charge. Councilman Lnenicka made a motion to approve the annexation of the 7.0 acres of Island 40 Land Lot 625 on Ridge Road 17tlt District, 2nd Section, Cobb County, Georgia to become a part of Ward 6 effective July 1, 2000. Councilman Cramer seconded the motion. ..." Ms. Katherine Martini of Wynridge Drive asked the Council to withhold their vote on the annexation until both annexations are addressed. Ms. Martini stated that the only benefit that she believes is the option to connect to the sewer line and that she and the other citizens are pleased with their septic tanks. Mayor Bacon stated that both items would be voted on separately, but that the Council could vote after the second annexation request. June 5, 2000 3 Councilman Cramer withdrew his second and Councilman Lnenicka withdrew his motion to approve annexation. *** After hearing from Wynridge Drive residents Councilman Lnenicka made a motion to approve the annexation request for 7 acres of island 40, land lot 625 on Ridge Road in the 17th District, 2nd Section Cobb County Georgia to become a part of Ward 6 effective July 1, 2000. Councilman Cramer seconded the motion. Motion was approved 6-0. (B) Annexation Request-1O.8 Acres-Island 14-Land Lot 671-Wynridge Drive and Ridge Road-17th District, 2nd Section, Cobb County, Georgia. .... Mr. Smith stated that this annexation involves seventeen property owners in an unincorporated island and that the island will become a part of Ward 6 if approved. Legal Description All that certain property situated and being in Land Lots 670 and 671 of the 17th District and 2nd Section of Cobb County, Georgia, being Parcels 2,4, 13, 14, 15, 16, 17, 18, 19,20,21,22, 23, 24, 25, 26, 27, and 28 in Land Lot 671, and more particularly described as follows: BEGINNING at the common intersection of Land Lots 626, 627,670, and 671, said point being the POINT OF BEGINNING; thence southerly along the western lot line of Land Lot 671 a distance of 533.5 feet to a point; thence easterly a distance of 480.3 feet to a point; thence northwesterly a distance of 127.4 feet to a point; thence easterly a distance of 365 feet to a point; thence southeasterly a distance of 144.65 feet to a point; thence easterly a distance of 62.87 feet to a point on the northwestern right-of-way of Ridge Road; thence northeasterly along said right-of-way of Ridge Road a distance of 343 feet to a point at the intersection of the northwestern right-of-way of Ridge Road with the northern right-of-way of Wynridge Drive; thence northwesterly a distance of 232.25 feet to a point; thence northwesterly a distance of 439.86 feet to a point on the northern lot line of Land Lot 671; thence westerly along said land lot line a distance of 130 feet more or less to a point; thence northwesterly a distance of 54 feet to a point; thence southwesterly a distance of 42 feet to a point on the northern lot line of Land Lot 671; thence westerly along said land lot line a distance of 499.42 feet to the POINT OF BEGINNING. ... Mayor Bacon stated that this is a public hearing and stated that anyone in opposition or in favor would have the opportunity to speak. City Attorney Scott Cochran administered the oath to the persons who would be speaking on this issue. Mayor Bacon introduced Mr. Floyd Millis of 1878 Wynridge Drive who stated that, in his opinion, the City Council's major goal is to continue annexation. Mr. Millis presented a petition in opposition to the annexation to Mayor Bacon. Mr. Millis stated that he has repeatedly told elected officials that he does not want to be part of the City of Smyrna. Mayor Bacon recognized Mr. Jack Dangar of the corner of Ridge Road and Wynridge Drive who stated that he has lived at this address since 1949. Mr. Dangar stated that he has seen rampant development since that time. Mr. Dangar stated that he does not want to be annexed into the City of Smyrna. ... Mayor Bacon introduced Ms. Ann Ballard of 1890 Wynridge Drive who stated that she is in opposition to the annexation of Wynridge Drive. Ms. Ballard stated that she would like some type of stipulation that the sewer lines would be completed in a specific time frame if the annexation is approved. Councilman Lnenicka stated that Cobb County had filled the sewer line with concrete and the sewer line was rendered useless so there are sewer issues. Ms. Ballard stated that the sewer line is not the main issue for the opposition to the annexation. Mr. Smith stated that property taxes do not support the sewer system. Councilman Hawkins stated that the City is not going to force these homeowners to be on the sewer system. Ms. Ballard stated that she wants benefits for her tax dollars. Councilman Newcomb asked if she feels that her neighborhood has benefited from the City improvement and Ms. Ballard stated that she was not sure. Councilman Newcomb asked if she feels that she is benefiting from City maintained roads and Ms. Ballard stated that she is. Councilman Newcomb stated that he believes that everyone has a responsibility to share the financial load. Mayor Bacon introduced Ms. Katherine Martini of 1881 Wynridge Drive who stated that she has legal issues with Cobb County and that she is concerned that by being annexed into the City she will be giving up her rights for litigation. Councilman Hawkins stated that she is a citizen of Cobb County and that the County is obligated to provide services to her. Ms. Martini stated June 5, 2000 4 that she is pleased with the County services and does not have a reason to become a City resident. Councilman Lnenicka stated that he appreciated everyone's statements regarding annexation and that Smyrna is changing and growing. Councilman Lnenicka stated that he would be responsive to the citizens and made a motion to approve the annexation of 10.8 acres of island 14, Land Lot 671 on Wynridge Drive and Ridge Road in the 17th District, 2nd Section Cobb County Georgia to become a part of Ward 6 effective July 1, 2000. Councilman Cramer seconded the motion. Motion was approved 6-0. Mr. J. Greeson asked if there needs some type of motion regarding the sewer easement. Mr. Smith stated that Mr. Greeson would need a consensus of all of the new residents and at that time the City would be willing to waive its portion of the sewer connect fee ($500.00) if the citizens would grant the sewer easement to the City. Councilman Lnenicka stated that the citizens would still be responsible for the county charges. ..... (C) Variance Request-2200 Iron Gate Drive-Reduce Rear Yard Setback from 5 foot to 1 foot. Mr. Smith stated that the applicant would like to build a pool in their backyard. Mr. Smith stated that the pool will be within 1 foot of the rear property line. Mayor Bacon stated that this is a public hearing and stated that anyone in opposition or in favor would have the opportunity to speak. There was no opposition. Councilman Lnenicka introduced the applicant, Mr. Jonathan Jarman, who stated that that he plans to build a modest pool and that he has a letter from the adjacent homeowner stating that he has no objection. Councilman Lnenicka asked Mr. Jarman if he will be able to fence in the pool according to state regulations and Mr. Jarman stated yes. Councilman Lnenicka made a motion to approve the variance request of 2200 Iron Gate Drive to reduce the rear yard setback from 5 foot to I foot and Councilman Cramer seconded the motion. Motion was approved 6-0. (D) Rezoning Request-Northwesterly Side of Camp Highland Road, South of the East- West Connector-from H.I. (Cobb) to RAD Conditional. ..." Mr. Smith stated that Mr. Ross is requesting this rezoning in order to build a 65 lot single- family subdivision with a density of 3.71 units per acre. Mr. Smith stated that the planning and zoning board approved the rezoning request. Mayor Bacon stated that this is a public hearing and stated that anyone in opposition or in favor would have the opportunity to speak. City Attorney Scott Cochran administered the oath to the persons who would be speaking on this issue. Councilman Lnenicka introduced Mr. John Moore who is representing Mr. Ross. Mr. Moore stated that Mr. Ross plans to build homes on this property with a minimum house size of 2,000 square feet. Mr. Moore stated that he submitted a list of stipulations based on the previous meeting with the planning and zoning board. Mr. Ross stated that the price range of the homes will be the high $200,000.00 to the high $400,000.00 and that the professional landscaped entrance will be brick columns. Mr. Moore submitted the following stipulations by letter dated May 26, 2000: 1. The stipulations and conditions set forth herein shall replace and supersede in full any and all prior stipulations and conditions, in whatsoever form, which are currently in place on the subject property. 2. Rezoning of the subject property will be from the Heavy Industrial (HI) zoning category (pursuant to the Cobb County Zoning Ordinance) to the RAD Conditional zoning category (City of Smyrna Zoning Ordinance) with reference being made to that certain Site Plan prepared by BH&D Engineering, Inc. dated April 23, 2000. 3. The Subject Property shall be developed for sixty-five (65) single-family residences upon a total gross area of 18.142 acres. Detention facilities for the proposed development shall comprise 0.639 acres of the Subject Property. Thus, the net total area for the proposed development shall consist of 17.503 acres, for a density of 3.714 units per acre. 4. Lots within the proposed development shall have a minimum of 6,000 square feet, with an approximate average of 9,460 square feet. 5. All residences constructed within the proposed development shall be traditional or European in styling, design and architecture. Front facades of the residences shall consist ...., ... .. .. June 5, 2000 5 of brick, stone, stacked stone, stucco-type, masonry siding, cedar shake shingles or combinations there-of. 6. All residences within the proposed development shall have a minimum of 2, 000 square feet. 7. Applicant agrees to the formation of a mandatory homeowners association for the proposed development with recorded restrictive covenants consistent with up-scale communities within the area. 8. The entrance for the proposed development shall be professionally landscaped with masonry signage being ground-based, monument style. 9. All areas to be grassed within the proposed development shall be fully sodded. 10. The following setbacks shall be applicable to the proposed development: Front Setback-20 feet (from back of curb); Side Setback-5 feet (15 feet between Structures); and Rear Setback-20 feet. 11. Applicant agrees to the construction and erection of fencing along the frontage of the Subject Property with Camp Highland Road consisting of wood with brick columns and attendant landscaping. Construction and installation of the fencing shall commence simultaneously and during construction of homes within the proposed development. 12. All utilities servicing residences within the proposed development shall be located underground. 13. All streets within the proposed development shall be dedicated streets, meeting City of Smyrna standards and ordinances. 14. Applicant agrees to work with the designated City of Smyrna representatives to improve access to the proposed development. 15. Applicant agrees to work with the designated City of Smyrna representatives with regard to possible upgrades to the existing water system. Mr. Moore stated that Mr. Ross plans to save as many trees as possible and will plant replacement trees. Mr. Moore asked for some type of incentive to save trees and Councilman Lnenicka stated that the City's tree ordinance is being reevaluated at this time and that he was sure that the suggestion would be considered. Mayor Bacon asked Mr. Moore as to why developers must clear-cut an area and Mr. Moore stated that the requirements for storm water discharge are extremely strict. After a lengthy discussion the following stipulations were agreed to: STIPULA TIONS - NORTHWESTERLY SIDE OF CAMP HIGHLAND ROAD, SOUTH OF EAST/WEST CONNECTOR - JUNE 5,2000 1. The stipulations set forth herein shall replace and supersede in full any and all prior stipulations and conditions set forth herein shall replace and supersede in full any stipulations and conditions, in whatsoever form, which are currently in place on the subject property . Rezoning of the subject property will be from the Heavy Industrial ("HI") zoning category (pursuant to the Cobb County Zoning Ordinance) to the RAD Conditional zoning category (City of Smyrna Zoning Ordinance) with reference being made to that certain Site Plan prepared by BH&D Engineering, Inc. dated April 23, 2000. The Subject Property shall be developed for sixty-five (65) single-family residences upon a total gross area of 18.142 acres. Detention facilities for the proposed development shall comprise 0.632 acres of the Subject Property. Thus, the net total area for the proposed development shall consist of 17.503 acres, for a density of 3.714 units per acre. Lots within the proposed development shall have a minimum of 6,000 square feet, with an approximate average of 9,460 square feet. All residences constructed within the proposed development shall be traditional or European in styling, design, and architecture. Front facades of the residences shall consist of brick, stone, stacked stone, stucco-type, masonry siding, cedar shake shingles, or combinations thereof. All residences within the proposed development shall have a minimum of 2,000 square feet. Applicant agrees to the formation of a mandatory homeowners association for the proposed development with recorded restrictive covenants consistent with up-scale communities within the area. Restrictive covenants would require property owners to 2. 3. 4. 5. 6. 7. June 5,2000 6 8. 9. 10. 11. 12. 14. 15. 16. 17. 19. 20. 21. 22. 23. 24. 25. 13. keep the Homeowners Association advised of address and phone numbers if they do not live in the subdivision. The entrance for the proposed development shall be professionally landscaped with masonry signage being ground-based, monument style. All areas to be grassed within the proposed development shall be fully sodded. The following setbacks shall be applicable to the proposed development: Front Setback: 20 feet (from back of curb) Side Setback: 5 feet (15 feet between structures); and Rear Setback: 20 feet Applicant agrees to the construction and erection of fencing along the frontage of the Subject Property with Camp Highland Road consisting of wood with brick columns and attendant landscaping. Construction and installation of the fencing shall commence simultaneously and during construction of homes within the proposed development. All utilities servicing residences within the proposed development shall be located underground. All streets within the proposed development shall be dedicated streets, meeting City of Smyrna standards and ordinances. Applicant agrees to work with the designated City of Smyrna representatives to improve access to the proposed development. Applicant agrees to work with the designated City of Smyrna representatives with regard to possible upgrades to the existing water system. INTENTIONALLY LEFT BLANK Applicant agrees as to each developed lot to: (a) Plant four (4) 3-inch caliper trees; or (b) Plant two (2) 4-inch caliper trees and two (2) 2-inch caliper trees. The developer and the city will work together regarding credit to be given for trees remaining on the lot after the development is built. The rest and remainder of the May 26, 2000, letter if agreeable stipulations and conditions shall remain unaltered and unaffected by the amendment contained herein and shall be considered in conjunction with the stipulations set forth above. Sidewalks (four feet wide) to be constructed on at least one side of interior street. Strip of concrete or brick pavers at least 20 feet wide will be installed at entrance to the subdivision. If it can be done in an economically feasible manner, and subject to the City Engineers requirements, retention ponds will be built to hold 110% of required capacity and screened so as to be unobtrusive. No debris will be buried on any lots. All landscaped plans to be signed by in-house Georgia Registered Landscape Architect or a degreed Horticulturist. Developer will work with the City in an attempt to provide a gazebo or like amenity for the pleasure of the homeowners. Mr. Ross will be a principal in any development that is built on this site. -- ..., 18. Mr. Ross stated that he has a marketing team which strongly suggested that he develop a subdivision in the City of Smyrna because of Smyrna's reputation. Councilman Newcomb asked the name of Mr. Ross' company and Mr. Ross stated that it is Larry Ross Development. Councilman Lnenicka asked what the plans for saving trees and Mr. Ross stated that he will follow the tree ordinance. Councilman Hawkins asked if the total outside of the home will be brick, stone and stucco and Mr. Ross stated that the front of the homes will be brick, stone, cedar shake or stucco and the sides of the homes are siding. ...", Mayor Bacon introduced Mr. Jerry White of 4900 Prince Road who stated that he is concerned about the trees, traffic and the schools. Mr. White stated that there have been subdivisions in this area that have clear-cut the land to build a large number of homes and he does not believe that Camp Highland Road can not handle the traffic. Councilman Lnenicka made a motion to approve the rezoning request of the northwesterly side of Camp Highland Road south of the East - West Connector from High Industrial to RAD Conditional with stipulations 1-15 per the May 26, 2000 letter; stipulations 1-18 per the June 5, 2000 letter and the additional 7 stipulations. June 5,2000 7 .. 1. The stipulations set forth herein shall replace and supersede in full any and all prior stipulations and conditions set forth herein shall replace and supersede in full any stipulations and conditions, in whatsoever form, which are currently in place on the subject property . 2. Rezoning of the subject property will be from the Heavy Industrial ("HI") zoning category (pursuant to the Cobb County Zoning Ordinance) to the RAD Conditional zoning category (City of Smyrna Zoning Ordinance) with reference being made to that certain Site Plan prepared by BH&D Engineering, Inc. dated April 23, 2000. 3. The Subject Property shall be developed for sixty-five (65) single-family residences upon a total gross area of 18.142 acres. Detention facilities for the proposed development shall comprise 0.632 acres of the Subject Property. Thus, the net total area for the proposed development shall consist of 17.503 acres, for a density of 3.714 units per acre. 4. Lots within the proposed development shall have a minimum of 6,000 square feet, with an approximate average of 9,460 square feet. 5. All residences constructed within the proposed development shall be traditional or European in styling, design, and architecture. Front facades of the residences shall consist of brick, stone, stacked stone, stucco-type, masonry siding, cedar shake shingles, or combinations thereof. 6. All residences within the proposed development shall have a minimum of 2,000 square feet. 7. Applicant agrees to the formation of a mandatory homeowners association for the proposed development with recorded restrictive covenants consistent with up-scale communities within the area. Restrictive covenants would require property owners to keep the Homeowners Association advised of address and phone numbers if they do not live in the subdivision. 8. The entrance for the proposed development shall be professionally landscaped with masonry signage being ground-based, monument style. 9. All areas to be grassed within the proposed development shall be fully sodded. 10. The following setbacks shall be applicable to the proposed development: Front Setback: 20 feet (from back of curb) Side Setback: 5 feet (15 feet between structures); and Rear Setback: 20 feet 11. Applicant agrees to the construction and erection of fencing along the frontage of the Subject Property with Camp Highland Road consisting of wood with brick columns and attendant landscaping. Construction and installation of the fencing shall commence simultaneously and during construction of homes within the proposed development. 12. All utilities servicing residences within the proposed development shall be located underground. 13. All streets within the proposed development shall be dedicated streets, meeting City of Smyrna standards and ordinances. 14. Applicant agrees to work with the designated City of Smyrna representatives to improve access to the proposed development. 15. Applicant agrees to work with the designated City of Smyrna representatives with regard to possible upgrades to the existing water system. 16. INTENTIONALLY LEFT BLANK 17. Applicant agrees as to each developed lot to: (c) Plant four (4) 3-inch caliper trees; or (d) Plant two (2) 4-inch caliper trees and two (2) 2-inch caliper trees. The developer and the city will work together regarding credit to be given for trees remaining on the lot after the development is built. 18. The rest and remainder of the May 26, 2000, letter if agreeable stipulations and conditions shall remain unaltered and unaffected by the amendment contained herein and shall be considered in conjunction with the stipulations set forth above. 19. Sidewalks (four feet wide) to be constructed on at least one side of interior street. 20. Strip of concrete or brick pavers at least 20 feet wide will be installed at entrance to the subdivision. 21. If it can be done in an economically feasible manner, and subject to the City Engineers requirements, retention ponds will be built to hold 110% of required capacity and screened so as to be unobtrusive. 22. No debris will be buried on any lots. 23. All landscaped plans to be signed by in-house Georgia Registered Landscape Architect or a degreed Horticulturist. 24. Developer will work with the City in an attempt to provide a common area with gazebo or like amenity for the pleasure of the homeowners. 25. Mr. Ross will be a principal in any development that is built on this site. -- ... June 5, 2000 8 Councilman Cramer seconded the motion. Motion was approved 6-0. (E) Land Use Change Request-Northwesterly Side of Camp Highland Road, South of the East-West Connector-from Industrial Compatible to Medium Density Residential. Mayor Bacon stated that this is a public hearing and asked if there was any public comment. There was none. Councilman Lnenicka made a motion to approve the land use change request of the northwesterly side of Camp Highland Road, south of the East-West Connector from Industrial Compatible to medium density residential and Councilman Cramer seconded the motion. Motion was approved 6-0. ...., (F) Rezoning Request-1519 Whitfield Street and 1498 Roswell Street-from R-15 and F.e. to RTD Conditional. Mr. Smith stated that the applicant is requesting to develop a 17-10t townhome subdivision on this site. Mayor Bacon stated that this is a public hearing and asked if there was any opposition. There was none. Councilman Scoggins read a letter from the applicant asking the City to table the rezoning request for 1519 Whifield Street and 1498 Roswell Street. Mayor Bacon introduced Mr. Brian Peach of 1022 Windy Oaks Court who stated that his home is on the west border of the proposed development and is concerned about the height of the proposed development. Mr. Peach stated that the majority of the residences in this area are single story and that the proposed development will invade his privacy. Mr. Peach stated that he is concerned about the density of the proposed development, the planned retention pond and the hardwood trees that both properties share. Councilman Scoggins stated that the builder plans to address many of these concerns. Councilman Scoggins made a motion to table the rezoning request until June 19, 2000 for 1519 Whifield Street and 1498 Roswell Street from R-15 and F.C. to RTD Conditional and Councilman Hawkins seconded the motion. Motion to table was approved 6-0. ... (G) Land Use Change Request-1519 Whitfield Street and 1498 Roswell Street-from Low Density Residential to High Density Residential. Based upon the earlier mentioned letter, Councilman Scoggins made a motion to table the land use change request until June 19,2000 for 1519 Whifield Street and 1498 Roswell Street from low density residential to high density residential and Councilman Hawkins seconded the motion. Motion to table was approved 6-0. (H) Public Hearing Notice for FY 2001 Budget. Mr. Smith presented for review the 2001 proposed budget for the City of Smyrna of $38,116,758. Mayor Bacon stated that this is a public hearing and asked if anyone would like to make a comment. There was none. Councilman Hawkins introduced Ms. Claudia Edgar, finance director, who expressed her appreciation to Council and Department Heads. Councilman Hawkins stated that a summary sheet of the budget will be available for review in the City Clerk's office and if anyone would like copies they, it would be available for .25 a sheet and the final document would be available, at no charge in September. .... Councilman Lnenicka stated that he is very pleased with the work of the finance department, department heads, City Administrator and City Clerk. Mayor Bacon stated that as the City grows, the budget increases and that the City will be hiring 18 new employees. No action was necessary on this issue. DECISION OF CITY OF SMYRNA ,. i Powertel submitted an application for a Special Land Use Permit seeking approval to construct a 100 foot telecommunications tower at 2781 Woodland Terrace, Smyrna, Georgia. ~ The hearing on the Special Land Use Permit occurred on June 5, 2000. Representatives of Powertel testified, and otherwise participated in the hearing. According to the application and testimony submitted by Powertel, there is a BeUSouth Mobility 50 foot monopole 1,245 feet from the site proposed by Powertel. The requirements of Special Land Use Permits are set forth in ~ 501.16 and ~ 1510 of the Smyrna Zoning Code. ~ 501.16 (m) provides that a communication tower may not be located closer than 1500 feet from an existing tower. It is undisputed that the tower proposed by Powertel does not meet the requirement of this ordinance. There was evidence that Smyrna does not prohibit the provision of personal wireless services. There are other towers located within the city limits. Zoning code ~ 501.16 does not have the effect of prohibiting services. There are other locations where the tower could be erected. Likewise, Smyrna does not discriminate among service providers. No applicant has been granted a Special Land Use Permit to erect a tower that will be located closer that 1500 feet from an existing tower. A motion to deny the application was made and unanimously approved at the June 5, 2000, council meeting. For the reasons specified above, Powertel's application for a Special Land Use Permit is denied. .... Candis Joiner City Clerk l~ Scott A. Cochran City Attorney 1 June 5,2000 9 (I) Land Use Permit Request-2781 Woodland Terrace-Powertel wants to erect 100 foot Telecommunications Tower. Mr. Smith stated that Powertel is requesting to erect a 100-foot telecommunications tower. Mayor Bacon stated that this is a public hearing and asked if anyone would like to comment on this issue. City Attorney Scott Cochran administered the oath to the persons who would be speaking on this issue. .. Councilwoman Capilouto introduced Ms. Pat Chapman, Powertel's representative, who stated that Powertel is proposing to locate a 100- foot disguised pole on a commercial property in order to improve service coverage. Ms. Chapman stated that the property is located behind a shopping center in an Enterprise Rental Car overflow lot and a church. Ms. Chapman stated that there is a definite need in the City of Smyrna for this Powertel pole. Councilman Scoggins asked Ms. Chapman if the telecommunication companies could share existing poles and Ms. Chapman stated that there is not a satisfactory, existing pole. Mayor Bacon asked if the carriers could co-locate if this request is granted and Ms. Chapman said that it is a possibility. Councilwoman Capilouto introduced Mr. Chris Palomba who stated that the first choice of Powertel is to co-locate prior to building a new pole. Councilman Hawkins asked if he could see the pole from Spring Road and Ms. Chapman stated that it would be visible over the trees. Mr. Cochran asked what the size of the property of the proposed pole is and Ms. Chapman stated 1 acre. Mr. Cochran stated that the minimum land size for any special land use permit is generally three acres ofland according to city ordinance 15.10.504 and that the statute requires 100 feet of road frontage. Ms. Chapman stated that the road frontage is approximately 200 feet. Mr. Cochran stated that the distance from an existing tower is 1245 feet and that ordinance 501.16 requires a distance of 1500 feet. .. Mayor Bacon introduced Ms. Leslie Kelly-Taylor, 2733 Woodland Terrace, who stated that she is opposed to the land use permit because of the increased RF magnetic fields, possibility of RF radiation and the property devaluation. Mayor Bacon asked if her problems with interference are with the existing BellSouth pole or the Georgia Power towers and Ms. Taylor stated both are equally responsible. Mayor Bacon introduced Mr. William Deaton, owner of the adjacent property on Woodland Terrace, who stated that he is opposed to the proposed tower. Mr. Deaton stated that the proposed tower violates at least two of the city ordinances. Mr. Deaton stated that this area is residential and he does not want the children and residents to be exposed to the RF radiation. Councilwoman Capilouto asked Ms. Chapman where the tower is located in relation to the day care playground and Mr. Deaton stated that the tower would be approximately 50 feet away from the playground. Mayor Bacon asked if the lot is 1 acre and Ms. Chapman stated yes. Mayor Bacon introduced Ms. Susan Levin, 2000 Oakleigh Trace, who stated that she is offended that the only reason that this location is being considered is because the applicants do not want to negotiate with McDonalds. Councilwoman Capilouto made a motion to deny the land use permit request for 2781 Woodland Terrace to allow Powertel to erect a 100-foot telecommunications tower based on the fact that the land use request does not meet a zoning ordinance requirement. Councilman Hawkins seconded the motion to deny. Motion to deny was approved 6-0. **See attached decision. (J) Privileged License Request-Astro Taxi- 765 Windy Hill Road, Suite B- Waiter Montano, Agent. ... Mr. Smith stated that the applicant, Waiter Montano, is the owner/agent of Astro Taxi and that he has been given a copy of the City's vehicles for hire ordinance. Mr. Smith stated that the police investigation reveals nothing that would preclude the issuance of this license. Mayor Bacon stated that this is a public hearing and asked if there was any public comment. There was none. Councilman Cramer introduced Mr. Montano who stated that he has three cars for hire. Councilman Cramer asked if Mr. Montano plans to service the cars on the premises and Mr. June 5, 2000 10 Montano said no. Mayor Bacon asked if the dispatcher will be bilingual and Mr. Montano said yes. Councilman Cramer reminded Mr. Montano to keep his vehicles in good, clean working order and to keep insurance current. Councilman Cramer made a motion to approve the privileged license request for Astro Taxi at 765 Windy Hill Road, suite B for Walter Montano and Councilman Lnenicka seconded the motion. Motion was approved 6-0. FORMAL BUSINESS: (A) Validation of Petition for Annexation-Land Lot 546-18.142 acres-Camp Highland Road-17th District, 2nd Section, Cobb County, Georgia. Mr. Smith stated the city has received a petition from Mr. Vinson to annex the following described property . All that tract or parcel of land lying and being in Land Lot 546 of the 17th District, 2nd Section, Cobb County, Georgia, as per plat of survey dated April 21, 2000, by Grant Shepherd & Associates, Seaton G. Shepherd, Jr., Georgia Registered Land Surveyor No. 2136, and being more particularly described as follows: Beginning at an iron pin located at the intersection of the northerly land lot line of Land Lot 546, said district and section, with the northwesterly right-of-way of Camp Highland Road, having a right-of-way of 40 feet; thence running the following courses and distances as measured along the northwesterly, northerly, and northwesterly right-of-way of Camp Highland Road: along the arc of a curve an arc distance of 89.79 feet, said arc being subtended by a chord bearing south 35 degrees 08 minutes 15 seconds west a chord distance of 89.72 feet and having a radius of 670.0 feet to a crimp top pipe; south 29 degrees 12 minutes 32 seconds west for a distance of 86.06 feet to a crimp top pipe; south 16 degrees 44 minutes 42 seconds west for a distance of 309.36 feet to a crimp top pipe; along the arc of a curve an arc distance of 150.65 feet, said arc being subtended by a chord bearing south 51 degrees 41 minutes 56 seconds west for a chord distance of 141.41 feet and having a radius of 123.06 feet to a crimp top pipe; south 86 degrees 39 minutes 10 seconds west for a distance of 122.83 feet to a crimp top pipe; south 84 degrees 23 minutes 50 seconds west for a distance of 107.08 feet to a crimp top pipe; along the arc of a curve an arc distance of 195.19 feet, said arc being subtended by a chord bearing south 61 degrees 34 minutes 25 seconds west a chord distance of 190.07 feet and having a radius of 245.00 feet to a crimp top pipe; south 38 degrees 45 minutes 00 seconds west for a distance of 96.44 feet to a crimp top pipe; south 33 degrees 22 minutes 03 seconds west for a distance of 118.27 feet to a crimp top pipe; south 29 degrees 56 minutes 26 seconds west for a distance of 338.80 feet to a crimp top pipe; along the arc of a curve an arc distance of 14.73 feet, said arc being subtended by a chord bearing south 31 degrees 46 minutes 20 seconds west a chord distance of 14.73 feet and having a radius of230.14 feet to an iron pin and corner; thence leaving the right-of-way of Camp Highland Road and running north 02 degrees 07 minutes 56 seconds west for a distance of 190.46 feet to an iron pin and corner; thence running south 87 degrees 52 minutes 04 seconds west for a distance of 230.00 feet to an iron pin located on the westerly land lot line of Land Lot 546, said district and section; thence running north 02 degrees 07 minutes 56 seconds west as measured along the westerly land lot line of Land Lot 546, said district and section, for a distance of 71.80 feet to an iron pin found; thence running north 00 degrees 04 minutes 40 seconds east as measured along the westerly land lot line of Land Lot 546, said district and section, for a distance of 857.82 feet to an iron pin found at the common corner of Land Lots 546, 547, 534, and 535, said district and section; thence running north 89 degrees 34 minutes 11 seconds east as measured along the northerly land lot line of Land Lot 546, said district and section, for a distance of 1230.82 feet to the point. Said tract contains 18.142 acres. Councilman Lnenicka stated that Cobb County sent a letter to the City stating that the County does not have opposition to the annexation of land lot 546-18.142 acres-Camp Highland Road-17th District, 2nd Section, Cobb County, Georgia. Councilman Lnenicka made a motion to approve the validation of petition for annexation of land lot 546-18.142 acres-Camp Highland Road-17th District, 2nd Section, Cobb County, Georgia and set a public hearing date for July 3, 2000 and Councilman Cramer seconded the motion. Motion was approved 6-0. (B) Appointment to Smyrna Hospital Authority-Ward 5. Councilman Cramer made a motion to table the appointment to the Smyrna Hospital Authority for Ward 5 until the June 19, 2000 and Councilman Lnenicka seconded the motion. Motion was approved 6-0. ...., ....., ...., June 5,2000 11 (C) Authorize Mayor to Sign and Execute the Subrecipient Agreement of the 2000 Community Development Block Grant Award. Councilman Newcomb stated that the City receives a grant annually and must submit a plan on the appropriations and made a motion to authorize the Mayor to sign and execute the subrecipient agreement of the 2000 Community Development Block Grant A ward. Councilman Scoggins seconded the motion. Motion was approved 6-0. COMMERCIAL BUILDING PERMITS: .. (A) Noble Realty, Inc. Requests a Permit for the Construction of 3,630 square foot building-1085 Windy Hill Road. Councilman Hawkins stated that he has been assured that the applicant will meet all the landscaping requirements of the Windy Hill Overlay and made a motion to approve the commercial building permit for Noble Realty. Councilman Scoggins seconded the motion. Motion was approved 6-0. (B) Arthur Crowe Requests A Permit for the Construction of 40,500 square foot Shell Office Building-4000 Jonquil Drive. Councilman Newcomb made a motion to approve the commercial building permit for Arthur Crowe and the construction of 40,000 square foot Shell Office Building and Councilman Lnenicka seconded the motion. Motion was approved 6-0. (C) James R. Roberts Requests A Permit for the Construction of a 12,000 square foot Office Building-3080 Jonquil Drive. Councilman Newcomb made a motion to approve the commercial building permit for James R. Roberts and the construction of 12,000 square foot Building and Councilman Cramer seconded the motion. Motion was approved 6-0. .. (D) J. R. Nichols Requests a Permit for the Construction of a 19,920 square foot Office Building-3090 Jonquil Drive. Councilman Newcomb made a motion to approve the commercial building permit for J. R. Nichols and the construction of 19,920 square foot Building and Councilman Cramer seconded the motion. Motion was approved 6-0. BID AWARDS: (A) Bid Award #2000-013-Knuckle Boom Loader Truck-Public Works. Councilman Newcomb stated that bids were sent to four vendors with two responses. Councilman Newcomb stated that the Public Works staff has reviewed the bids and recommends the bid be awarded to the low bidder meeting specifications, Consolidated Disposal Systems. Councilman Newcomb made a motion that the bid for the knuckle boom loader truck be awarded to Consolidated Disposal Systems, low bidder meeting specifications, for a total cost of $85,430.00. Councilman Hawkins seconded the motion. Motion was approved 5-0-1. Councilman Scoggins abstained. .... CONSENT AGENDA: (A) Approval of May 15, 2000 Minutes. (B) Approval to Use Council Chambers on June 7, 2000 from 7:00 p.m. to 10:00 p.m. for a Ward 5 Meeting. (C) Approval to Use Council Chambers on June 8, 2000 from 7:00 p.m. to 10:00 p.m. for a Ward 6 Meeting. (D) Approval of CCT Bus Shelter Locations. (E) Approval of Budget Amendment for Information Systems. (F) Approval to Re-bid City's Web Page Re-design and Hosting. June 5,2000 12 (G) Approval to Re-bid Bathroom and Kitchen Cabinets for Fire Station #2. Councilman Lnenicka made a motion to approve the consent agenda and Councilman Hawkins seconded the motion. Motion was approved 6-0. COMMITTEE REPORTS: Councilman Lnenicka recognized Smyrna Fire Fighters Clinton Fisher and Timothy Welte for being selected as honor students while attending Georgia Fire Academy. Councilman Lnenicka recognized Smyrna Fire and Rescue personnel Lt. Randy Shepherd, Engineer Ron Mathis, Firefighter Jeff Pierson and Station #3 for their assistance during a recent emergency. -- Councilman Lnenicka recognized Smyrna Fire Department Personnel, Captain Sam Wehunt, Lt. Stephen Westbrook, Firefighter Dave Dywer, and Firefighter T. Jones for their professionalism and assistance during a recent emergency. Councilman Lnenicka stated that there was a pedestrian fatality at South Cobb Drive and the East-West Connector and cautioned everyone to pay attention to the traffic while jogging, especially while wearing headphones. Councilman Scoggins recognized Mr. Everett Cox, Mr. Fred Castle and others from the Nelms Lodge and thanked them for attending the meeting. Mayor Bacon stated that he believes that the City of Smyrna is the finest city in the United States and that Smyrna provides the finest services. Mr. Smith reminded everyone that the second summer concert will take place June 16, 2000. ADJOURNMENT With no further business, the meeting adjourned at 11 :57 p.m. -- .. A.MAXBACON,MAYOR ~~ CANDIS JOINER tl1Ml~~" C~ j..JJ/ CHARLENE CAPILOUT , WARD 1 RON NEWCOMB, WARD 2 tW~~ LL SCOGGINS, W 3 ...., ~~~~