March 20, 2000 Council Meeting
March 20,2000
;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 except Charlene Capilouto were present. Ms.
Capilouto was absent due to illness. Also present was City Administrator Howard
Smith, City Clerk Candis Joiner, City Attorney Scott Cochran, Fire Chief Larry
Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police
Chief Stan Hook, Colonel Mike Brown, Library Director Michael Seigler, Parks and
Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Coordinator Ann Kirk,
Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community
Development Representative Carol Cowan, Community Relations Director Jennifer
Bennett, Deputy City Clerk Kellie Barber and representatives of the press.
Invocation was given by Miss Carolin Clayton of Campbell High School, followed by
the pledge to the flag.
CITIZENS INPUT:
"
Mayor Bacon introduced the men's varsity basketball coach of Campbell High School,
Coach James Gwyn. Mayor Bacon stated that he is very proud of the relationship
between the City of Smyrna and Campbell High School. Councilman Hawkins read a
proclamation in honor of the basketball team's success in the state tournament. Coach
Gwyn introduced the following members of the team: Jeff White, Phillip White, Jabar
Langford, Adam Wheeler, Cornell Green, Dante Chastain, Mike Stringer, Chris
Burnette, Julie Done, Akimba Taylor, Nicolas Bradley, Lamar Kareem, Cornelius
Cannon, John Compton, Matt Costello, Brandon Hall, Clay Cox, and assistant coach,
Greg Hodge. Mayor Bacon presented the team and cheerleaders with a gift. Coach
Gwyn thanked the City of Smyrna for their support of the team and school. Mr. Smith
stated that Coach Gwyn was named Coach of the Year and Mike Stringer was named
Player of the Year.
......
Mayor Bacon introduced the principal of Campbell High School, Ms. Judy Whaley.
Mr. Smith read a proclamation honoring Campbell High School as a Georgia School of
Excellence. Ms. Whaley thanked the City for their support. Mayor Bacon presented
Ms. Whaley with a plaque congratulating Campbell on being named a Georgia School
of Excellence.
Mr. Smith stated that Mayor Bacon and Mrs. Bacon was presented with the Martin
Luther King A ward for Community Service at Campbell High School on March 19,
2000.
Mayor Bacon introduced Mr. Curt Johnston who stated that on April 10, 2000 there
will be a golf tournament benefiting Campbell High as well as the Jonquil Jog in April.
Mr. Johnston also stated that Campbell High School is selling bricks for the Senior
Courtyard.
"
Mayor Bacon introduced Juvenile Court Judge, Adele Grubbs who is running for
Superior Court Judge. Judge Grubbs commended the Smyrna Police Department for
their work with the gang suppression.
'--
PUBLIC HEARINGS:
(A) Annexation of 14.284 Acres-Land Lots 698 & 699-17th District, 2nd Section,
Cobb County, Georgia.
Mr. Smith stated that the petition for annexation was validated on February 21, 2000
and if approved annexation would be effective April 1, 2000. Mayor Bacon stated that
March 20, 2000
2
this is a public hearing and asked if there is any opposition to the request. City
Attorney Scott Cochran administered the oath to the persons who would be speaking on
this issue.
Councilman Lnenicka stated that this property was rezoned on March 6, 2000 with no
opposition. Mr. Alan MacLamroc of Vinings Glen subdivision stated that he is
opposed to the subdivision because the high density development will not allow for any
of the mature trees to be saved. Mr. MacLamroc stated that he is also concerned with
traffic in this area and asked Council to find another purpose for this property. Mayor
Bacon asked Mr. MacLamroc why he did not speak at the zoning meeting and Mr.
MacLamroc stated that he was told it would be better for the City to annex this
property instead of the property remaining in Cobb County. Mr. Pat Morehouse, Mr.
David Gillon, and Mr. Dan Pierce voiced their similar concerns.
"
....
Councilman Lnenicka stated the developer originally requested 55 lots and the City
asked him to reduce the lots to 54 with a common area for the homeowners.
Councilman Lnenicka made a motion to approve the request for the annexation of
14.284 acres on land lots 698 and 699 in the 17th district, 2nd Section of Cobb County
Georgia. Councilman Cramer seconded the motion.
Councilman Cramer stated that Councilman Lnenicka is very strict with the zonings in
his ward and has placed 22 stipulations on the zoning of this property. Councilman
Newcomb stated that everyone is concerned with the traffic and trees in our area and
Councilman Lnenicka is the best council member in reducing zoning density.
Councilman Newcomb stated that he appreciates everyone's concern with the zoning
and felt that this zoning is the best alternative in this situation. Councilman Scoggins
stated the ideas presented by citizens are taken very seriously and that the Council must
look at what is best for everyone. Councilman Hawkins stated that the issue being
decided tonight is the annexation of this property and the best result for the citizens of
Smyrna is to annex this property. Councilman Wood stated that this Council is
concerned about the trees and traffic and the Council must make the best decision for
the City of Smyrna. Motion to approve the annexation of 14.284 acres to become a
part of Ward 6 effective April 1, 2000 was approved 6-0.
'--"
Mayor Bacon introduced Mr. Jim Fletcher who asked the City Council to fund a traffic
study to try to decrease traffic on Ridge Road and Mayor Bacon stated that a stipulation
of the zoning request is [hat a traffic study be provided by the developer. Mayor Bacon
stated that he understands many of the citizens' frustration with traffic and growth
problems and invited the citizens to participate in a Growth Strategies Commission.
Mayor Bacon introduced Mr. Chris Shields who asked for the City to monitor the
construction noise and debris on this new subdivision.
(B) Variance Request - 4061 King Springs Road-Reduce Rear Yard Setback from
50 Feet to 15 Feet.
Mayor Bacon stated that this item had been tabled from the March 6, 2000 meeting in
an effort to allow the developer and homeowners to form an agreement. Mr. Smith
stated that the applicant, Mr. Scott Thurmon is requesting this variance in order to
build a senior citizens center. Mayor Bacon stated that this is a public hearing and
asked if there was opposition to the request. City Attorney administered the oath to the
persons who would be speaking on this issue. J
Councilman Wood introduced Mr. Randy Sauder who represents Mr. Thurmon. Mr.
Sauder commended the homeowners and Mr. Thurmon for their diligence in resolving
the issue of this variance. Mr. Sauder stated that both Mr. Thurmon and the
Homeowners agreed to the following stipulations:
-0" ~v .......La.I
....-
0W'0lI y.IH'f'UY cae
na-ll 3Al1:J(] G3SOdOI:Jd
nZI-a+-Ou. :xv.. UJI1/O-at-oLL :3NOWJ
LIOOC' 'b "V~ - ~ ~ - 00+ ~ - 'JA~ V.I.J.3:WW ~ '.c'1
_ !Mm<O<<Xl
'ONI 'S3.LVDOSSV l' tLW'] __
II~~ <0 II
~I ~ I :
---~ .....,..., .......---
~~
:~
iG~
"~.
Su
!S:
(tl
~
31~ ;
d!~~
'~'i;
8U~1
>Ieil
-~!i~
ij~ih
!~h;i
;heu
EI~m
\.>
...
I SHS nUl f
\o,~'"
I i
ih I n I,! .
nil h l it I :
" I~:; I~ n
, (1 ...... t
j ,f i I :~~~ I: H
r f1 t IIJll i I i ~l.;
Ii! It J II! ! 11111,1111 I gM
. ISII ...~
:I ~ ....=.~:it Ill::: l:I I '-4...\' .... ,I
~ -vO e . .... nm
~ 00 00
!
.
u~
I~~~~.' ~
~~.~.
~~m
~a&W__,fUl.
-0" '1iINOlJJ!IIf'lY ""1IY.I.aIW
--
Cl'l'OlI YJH'('UY cae
fll:l-U. 3N1::JQ CBSOdOI:Jd
1I11-Dt-iJU. :rr~ LDIO~-OU ~
LIClOC' ~ V!J>>IWW - OOJ 2J.I'"IC - ClOt ~ - oN'\1.tI VJDrIIIW ~ "'1
__ !lNm<Na>
'ONI 'SaLYOOSSV l' 'iYAO'] __
! f t~ ~ II
~ I ~ ,
....,__ .--J........,,~
All..
:~
iG~
2~
r;:
!~II
I' ! ~;ii
i !r;D
! ! . ~. ~
i I~!~ i ! i!lt
! !Iil ! ~ ~U;
@j
5
~Ae ~
~I!~;
.%.~~
;~!~I
,~~lli
-~!i~
il~i{~
!;!!;I
Ihgn
!lhU
'--
........,
--'
.J:
oi~~
I !
L
~~
I
"
~!i
.
I
!
d==
Ii
! ~
~d
; I ~
~ .
H
I t
~
"
va
iK~~!~
;~~t:
~~m
~"
V)
~
0:::
't
~
" c.:J
'- " <:
G G G G G
't c) c) G
~ c) c) c)
Cl G
Cl Cl Cl c)
,I Cl
,I " ,I "
<0 ")
") l[) C'\j ~
~ -.J h: I--.
't:t :t -.J
Vi (J, G -.J -.J -.J -.J
<0 co 't 0 0 -.J I--.
c.:J 't 't Cl
C'\j 1 ,I c.:J c.:J Q
l[) <0 ") ") ")
") ") C'\j ,
"I-
't
[% >--
-.J
~ -.J ~
l.cJ2 o :J
Lu -.J~ :t i?:: if
~ ~O:::~ >-- ~V)~ 0
't ~ -.J Q :J - ~
<: ~U6:: -.J
't 0 :J c.:J Cl -.J
~ 1--.0 0 V) :t :0:: :::; <:
<:<:'t ~ :J :>.: L.... ~ S
~ Lu-~ ~ ~
~ S?~G 0 Lu ~ l:5 L.... h::
-.J l:5 0
0 i?::e~ -.J -.J :0:: ~ 0:::
u ~ Lj Lj :os: ~ ~ ~
:t Cl :os: Cl ~
'-'
l-
V)
:::;
I-
<:
't
c[
Lu
~
~
o
~
CI)
~
o
E ,u
::> c:
~ ~ g ~
~ .~.~ ~
0.. 0 .S ..c:
Q; 'i:: 0.. 0.
::> <ll .~
V).QE::'~V)
tjQ;~~~~
i?:: (j c-.s ~ ~
'tuQO;;
-.J
G
~
~
a
co
>--
I-
o
r- ,'t
i:: 0 c:
~ ~ 5 .G
~ ,~ ,c: ~
~ ,~g-
o. ~ a '-.,
CI) g ~ E
~ ~ ~ 2
C)) (,J :::> .....,
o CI)
ClJ " " ::>
G.J~~~
r-....~~o ~ ~ - ") ")
~ 0 -"I-C'\j
~ 0 . @
0(:") 0 O@
'''"\\\'
>--
~
o
c:
o
c:
o
<ll
'-
::>
e-
::>
g-
~
o
,S?
<;;
<ll
~
-0
o
,C:
-b
c:
o
<:
~
:s
a
(J
Cl
S
a
e5
~
o
o
'-
2-
o
(-
~
o
L....
L;::'~
Cl
~
0:::
2
<.J
i::
>-
I--.
Vi
CS
Cl
I--.
CS
~
<.J
"<<:
-.J
fb
0::: "l>:,
'i::
o
(j
CI)
::>
E
<ll
g-
:~
-.J
Cl
<0
l[)
~C"\jC'\j
~ ")" t<) ~
~ II II 11-
:J l[) II
,~,\l[)
""" .
r-.... co "
II-CO")
II II II
Lu
-.J l.cJ
~:::<:~
~es6::'t
I--.~'to
~2~~
'<.JQ - 0
S?);:~-.J
i?::~3:~
-.J-.J-.J-.J
~G't0't
- (J (J
V) " .
C'\j"- r-.... ~
r-....~co")
~
~
:J
L....
Cl
0:::
-.J
~
2
"l-
ll)
SCl
Cl~
3:-
o~
8:~
~~
~'~
l2l2
ClCl
"I-Cl
~ll)
V)
<:
o
i:::
't
-.J
:J
(J
't
(J
>--
I--.
Vi
<:
Cl
~
~
:J
V)Cl
h:
~ II
:JL;::'
~S
~
110:::
V)2
~~(J ~
t3(Ji:: ts
"<<: 't V) Lu
l[) l[) C: ~ ~
r-....r-....~<:Cl
. . VI :J
II ,,<: ;.
Lu"l-
l:5ClClll)L;::'
0::: C"\j c.:J - Cl
't1l~1I~
~V)!:2L...."I-
_ L....>.;Cl .
V) ClLuO::::':?
f"'-
r(
"
G
,.......
f&;-
,
CLERK'S CERTIFICATE
-- -
~
~~
The undersigned Clerk of the City of Smyrna, DOES HEREBY CERTIFY that the
foregoing pages of typewritten matter pertaining to the issuance of Certificates of Participation
in the Georgia Municipal Association Pool in the aggregate principal amoullt of $127,635,000,
constitute a true and correct copy of the Resolution adopted on February 7, 2000 , by the
City Council on behalf of Lessee in a meeting duly called and assembled, which was open to
the public,'and that the original of said Resolution appears of record in the Minute Book of the
- Lessee which is in the undersigned's custody and control.
WITNESS my hand and the official seal of the Lessee, this '7'~day of ~.Qyul~
-'~.
~~--~---- - .u ,. - - - --1~ --
d; ;;~-;,-~,,, "Clerk, Cify"of .. yma-' -~,~~ ---:..
[City Seal]
---
RESOLUTION
A RESOLUTION OF THE City of Smyrna (THE "LESSEE"), AUTHORIZING, INTER
ALIA, THE ANNUAL APPROPRIATION OF ALL AMOUNTS REQUIRED PURSU1rNT
TO LESSEE'S PARTICIPATION IN THE POOLED LEASE PROGRAM SPONSORED BY
GEORGIA MUNICIPAL ASSOCIATION.
DATED:~b 1, aOO{)
I
..
...
Whereas, Lessee is participating in the Georgia Municipal Association. Inc. ("GMA")
sponsored pooletllease program (the "Program") for the acquisition of equipment to be used by
participating political subdivisions of the State of Georgia (the "Equipment"); and
Whereas, pursuant to the Program, Lessee entered in to (i) a Lease Agreement Dated as of
December 1, 1990 by and between GMA and Lessee (the "Lease") pursuant to which GMA
,leases-tbeEquipment toille: "l&ssee."and&iiJ an Administration and Servicing Agreement initially
:~ date(rasDeceniber"l, 1990~me:~setVidng Agreement"};:andsubsequently ametided, among
First Union National Bank of Georgia, Atlanta, Georgia, as servicer (the "Servicer"), First
Union National Bank of Georgia, as Trustee, GMA and each lessee participating in the
program (including Lessee), pursuant to which Servicer services the collection and transmittal
of payment for the Leases for GMA and transfers the moneys collected pursuant to the
Servicing Agreement; and
WHEREAS, certificates of participation ("Certificates") have been issued pursuant to a
Trust Agreement dated as of December 1, 1990, by and between First Union National Bank of
Georgia, as ('Trustee"), and GMA evidencing undivided interests in the Lease payments; and
..
WHEREAS, in connection with the issuance of the Certificates and the creation of the
Program, (i) Municipal Bond Investors Assurance Corporation (the "Credit Facility Issuer")
issued its financial guaranty insurance policy (the "Policy") and entered into the
Reimbursement and Intlemnity Agreement by and between the Credit Facility Issuer, The
Trustee, the Servicer and GMA (the "Credit Facility Reimbursement Agreement"); (ii)
Wachovia Bank ("Bank"), has agreed to purchase Certificates tendered pursuant to tender
rights under the Trust Agreement in accordance with the terms of a Standby Purchase
Agreement dated as of December 1, 1990, and subsequently amended, by and among the Trust,
GMA, the Bank, the Servicer and the Tender Agent (the "Standby Purchase Agreement"); (iii)
Chemical Bank serves as tender agent (the "Tender Agent") pursuant to a tender agent
agreement dated :\s of D~cember 1, J 990" and subsef}uently amended" by and 3moIlg t}1e GMA,
the Trust, the Servicer, and the Tender Agent (the "Tender Agent Agreement"); (iv) BT
Securities Corporation and at such time as specified in the Trust Agreement, Chemical
Securities Inc., will serve as remarketing agents (referred to collectively hereafter as the
"Remarketing Agent"), pursuant to a remarketing agreement dated as of December 1, 1990 by
and among the Remarketing Agent, the GMA, the Tender Agent, the Trustee and the Servicer
(the "Remarketing Agreement"); and
WHEREAS, pursuant to the Lease Agreement, Lessee is required to appropriate annually
the Minimum Annual Appropriated Amount set forth on Schedule A hereof; and
",
WHEREAS, in order to give effect to, and comply with, the foregoing agreements and
instruments, and in order to authorize payment of its obligations incurred thereunder
(collectively, the "'Program Obligations"~either (I) the Lessee has available to satisfy:PFegram
Obligations uncommitted and unappropriated funds in this current operating buuget in an
amount not less than the Minimum Annual Appropriated Amount as set forth in Schedule A or
(ii) the Lessee must amend its cur!"ent opp-;ating budget :n acc(lrda!1ce with Title 36, Chapter
36-81-5 of the Official Code of Georgia Annotated (the "Code") to authorize the payment of
the Program Obligations; and
...
WHEREAS, if required, in order to amend its current operating budget, the Mayor and
Council of Lessee have heretofore taken the following actions, all in accordance with Title 36,
Chapter 81 of the Code: (i)through the Lessee's budget officer, prepared a proposed amended
budget providing for payment of Lessee's Program Obligations in accordance with the
requirements of Code Section 38-81-5(b) (the" Amended Budget", a copy of which is attached
hereto as Schedule B) which was previously submitted to the Mayor and Council of the Lessee,
". ~-, .-",-,,(iitat the time of receipt of the A.rnended Bl!9~t frQrn the Lessee's buqget Qfficer.121Jiced a
copy of the Amended Budget in a public place', in the. Lessee, which place is convenient to the
resident's of the Lessee, (iii) published a notice in the official organ of the Lessee advising
resident'! of the Lessee that the Amended Budget is available for inspection; (iv) conducted a
public hearing on the Amended Budget at least one week prior to the date hereof; and (v) taken
all other action necessary to effect the foregoing;
NOW, THEREFORE, BE IT RESOLVED, as follows:
Section l. Confirmation and Reaffirmance of Program Obligations. The Lessee does
hereby confirm, rati fy and reaffirm all the Program Obligations, including, expressly, the
Lease and the Servicing Agreement.
~
"
Section II. Appropriation: Amendment of Budget. In order to give effect to, comply with,
and assume the liabilities associated with, the foregoing approvals, and authorize the
expenditure of the amounts required to be expended pursuant to the Lease Agreement and the
Servicing Agreement the Lessee does hereby adopt, ratify and approve the Amended Budget
attached hereto as Schedule B or commit those portions of the current budget set forth on
Schedule B to the payment of the Program Obligations and does hereby appropriate and commit
moneys in an amount not less than the Minimum Annual Appropriated Amount to payment of
Program Obligations for the current calendar year.
Section III. No Personal Liabili!y':' No stipulation, obligation or agreement herein
contained or contained in the Lease, the Trust Agreement, the Servicing Agreement, the
Standby Purchase Agreement, the Tender Agent Agreement, The Remarketing Agreeement, or
the Credit Facility Reimbursement Agreement shall be deemed to be a stipulation, obligation or
agreement of any councilman, chairman, officer, agent or employee of the Lessee in his or her
. individual capacity, and no such council member, chairman, officer, agent or employee of the
Lessee shall be personally liable on the Certificates or be subject to personal liability or
accountability by reason of the issuance thereof.
Section IV. General Authority. From and after the execution and delivery of the
documents hereinabove authorized, the Mayor and the Clerk are hereby authorized, empowered
and directed to do all such acts and things and to execute all such documents as may be
necessary to carry out and comply with the provisions of said documents as executed and are
further authorized to take any and all further actions and execute and deliver any and all other
documents and certificates as may be necessary or desirable to document compliance wiHrthe
Code.
..
Section V. ActioDs Approved and Confirmed. A II ?cts and doings of th~ officers of th~
Lessee which are in conformity with the purpose and intents of this Resolution shall be, and the
same hereby are, in all respects approved and confirmed.
"
Section VI. Severability of Invalid Provisions. If anyone or more of the agreements or
provisions hereiri shall be held contrary to any express provision of law or contrary to the
policy of express law, though not expressly prohibited, or against public policy, or shall for any
reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null
and void and shall be deemed separable from the remaining agreements and provisions and
shall in no way affect the validity of any of the other agreements and provisions hereof or the
Certificates authorized hereunder.
- - ---- .. .
Section VII. Repealing Clause. All Resolutions or parts thereof the City of Smyrna in
conflict with the provisions herein contained are, to the extent of such conflict, hereby
superseded and repealed.
Section VII. Effective Date. This Resolution shall take effect immediately upon its
adoption.
ADOPTED this 7th
day of February
[CORPORATE SEAL]
City of Smyrna
..
Attest:
By:~d~
Mayor
C~/~
Clerk
.............
SCHEDULE A
1. City of Smyrna's pro-rata share of the principal amount of the Georgia Municipal
Association Pool is $384,007.00.
2. City of Smyrna's Minimum Annual Appropriated Amount for the year ending
December 31, 2000 is $70,965.50, to wit:
.
Interest and Administrative Expense @ II .25%
$43,200.79
Basic Lease Payments due November 30, 2000
$27,764.71
Total
$70,965.50
"'"
~
SCHEDULE B
BUDGET
[To Be"supplied by Lessee)
Attach either portions of existing budget indicating sufficient amounts or Amended Budget.
..
.....
March 20, 2000
3
..
1. Lighting: As part of the Project construction, Developer agrees to change or
adjust present exterior lighting on Property so that it shall be diverted
downward, screened from direct view of bulb, and otherwise diverted away
from Homeowners as much as reasonably possible.
2. Entrance: Developer agrees that the Kings Springs entrance to the Property
shall have only on sign and it cannot be neon. The landscaped entrance and
signage installed shall be in accordance to city code relative to size and style,
with plans submitted to, and approved by, the Smyrna City Engineer.
Landscape plans shall be prepared by a licensed landscape architect.
3. Nuisance: Developer agrees that as defined by current Georgia law, no "public
nuisance" shall be permitted on property so as to unreasonably adversely affect
the adjacent Homeowners. This shall include such things as noxious or
offensive trades, services, activities, glare, emissions, odors, fumes, smoke,
vibrations, dirt, dust, waste, and noise. This provision is not intended, and
shall not apply to reasonable, required, necessary, and ordinary construction
activity.
4. Curbing: Developer agrees that any new roadways and parking areas will be
curbed and properly guttered as may be required by code or the Smyrna City
Engineer.
5. Silt Fence and Tree Cutting: Prior to construction Developer agrees to
construct any temporary silt fencing along Property lines for tree protection,
runoff, or other reason as may be required by the Smyrna City Engineer.
Developer agrees to be 100% liable for any tree damage to adjacent Homeowner
property resulting from Developer tree removal.
6. Dumpster: Developer agrees to screen any dumpster(s) or outdoor trash
receptacles in a manner consistent with city code requirements and community
standards. Developer further agrees that the dumpster(s) shall be located behind
Developer's building, or if that is not possible, away from the Homeowners
towards the opposite side of the property. Screening of the dumpster(s) shall be
attractive and consistent with the materials used in the building structure, which
may include wood, metal, brick, brick lattice, stone material, or landscaping.
Screening walls shall be no less than one foot high above the top of the
dumpster(s), the intent being to hide as much as reasonable possible from the
view by Homeowners. This provision shall not apply to dumpster(s) used
during construction of the facility; however, Developer shall request Contractor
to place such dumpster(s) as far as reasonably possible from Homeowners.
7. Construction Material: All buildings constructed by the Developer in
connection with the Project shall conform to the guidelines set forth in the South
Cobb Overlay District or other Overlay District in Smyrna if Property is located
therein, as described in the Smyrna City Zoning Ordinances as amended from
time to time. Developer agrees not to install any sheet metal type storage
buildings on the Property unless on the opposite side of the Property from
Homeowners and reasonably hidden from view by landscaping.
8. Landscaping: Developer shall add new landscaping and trees which shall
substantially conform to the Landscaping Plan (the "Plan") which is attached
hereto and marked as Exhibit "B" same being incorporated herein by reference.
Any material deviation that provides for a lower number of trees and shrubs
than shown on the Plan must have prior written approval of a majority of the
adjacent members of the Homeowners to the Property that would require legal
notice of the variance change. The intent is that a wall of trees and shrubs shall
be planted where shown so as to provide reasonable separation and cover of the
structure by Homeowners. Developer agrees to replace felled trees on another
location of the property with suitable evergreen type tree on a caliper per caliper
equivalency to the extent that the separation barrier is reasonably met as
required by the Smyrna City Code. Developer agrees that replacement trees
shall not be pine trees.
..
..
March 20, 2000
4
9. Continuing Obligations: Developer and any future owner or their successors of
the Project shall be bound by these obligations which may be enforced by the
Smyrna City Council.
10. Building Permit: Developer agrees that Project shall be built as generally
shown on the attached Exhibit "A 1-5" same being incorporated herein by
reference. Any substantial or material deviation from that plan that increases
the vertical height or increases the length or width of the proposed structure
must be submitted to the Homeowners. Thereafter, Homeowners shall have 7
days to review the changes. If they disapprove of the change, Homeowners
shall have reasonable opportunity to voice their opposition to the Smyrna City
Council prior to any approval being rendered by Council.
11. Drainage: In consultation with a competent engineer familiar with property
drainage, Developer stipulates that he will ensure drainage into the current
detention ponds and creek area on the common line between Developer and
Homeowners do not experience adverse erosion above and beyond that being
normal under current circumstances.
12. Construction Time: Developer agrees that outdoor construction hours shall be
during daylight hours.
13. Air Conditioning: Developer agrees that any A/C unit(s) shall be placed as far
away as possible from Homeowners and that if they are not behind the structure
that protective shrubs shall circle same if they are required to be in light of sight
of Homeowners. Developer stipulates that there shall be no outdoor boiler.
14. Delivery Times: Developer stipulates that except for emergency, unexpected or
government services that regular ordinary deliveries shall be during normal
business hours.
Councilman Wood stated that in addition to the stipulations the development must meet
all fire safety requirements as required by State, County and City and that this is a
development for Senior Citizens which must meet City Zoning Code 1015-1015.1. Mr.
Munie thanked the City Council, Mr. Thurmon and Mr. Sauder for their assistance.
Ms. Jennifer Farlo of Delmar Gardens stated that she would like for Mr. Thurmon to
use consideration during the construction period and asked the City Council to
investigate the traffic on King Springs Road. Councilman Wood stated that the traffic
on Kings Springs is a dangerous situation and the City Engineer is going to work with
the County to make Kings Springs Road safer. Councilman Wood made a motion to
approve the variance request of 4061 King Springs Road to reduce rear yard setback
from 50 Feet to 15 Feet with the 14 stipulations and Councilman Hawkins seconded the
motion. Motion was approved 5-0-1(Councilman Lnenicka abstained upon the
advisement of the City Attorney because he is on the Board of Directors of Woodland
Ridge Assisted Living Facility.)
(C) Variance Request-Burger King-2610 Spring Road-2 Signs on One Site.
Mayor Bacon stated that the variance request for Burger King at 2610 Spring Road has
been withdrawn.
(D) Alcoholic Beverage License Request-Sugar Bear, Inc. d/b/a Amoco Food
Shop-475 Windy Hill Road-Retail Package License for Beer and Wine.
Mr. Smith stated that this request for an alcoholic beverage license is a new application
for Mr. Malik Karimi and that Mr. Karimi has been given a copy of the Alcoholic
Beverage Ordinance. Mayor Bacon stated that this is a public hearing and asked if
there was any opposition to this request. There was none.
Councilman Cramer stated that the City of Smyrna will do random sting operations and
asked Mr. Karimi to explain his training program regarding the City of Smyrna's
Alcoholic Beverage Ordinance. Mr. Karimi stated that he has trained his personnel to
ask for identification for each alcohol sale. Councilman Cramer reminded Mr. Karimi
that he would be held responsible for any alcohol sales to people under the age of 21
-
....
....
March 20, 2000
5
and Mr. Karimi stated that he understood. Councilman Cramer made a motion to
approve the retail package license request for beer and wine of Sugar Bear, Inc. d/b/a
Amoco Food Shop with Mr. Karimi as agent on 475 Windy Hill Road and Councilman
Hawkins seconded the motion. Motion was approved 6-0.
(E) Rezoning Request-911 Wells Circle--.32 Acre from R-15 to G.c.
...
Mr. Smith stated that the applicant is requesting the rezoning in order to expand their
business to include this location and that the Planning and Zoning Board support this
rezoning request. Mayor Bacon stated that this is a public hearing and asked if there
was any opposition. There was none.
Mayor Bacon introduced Mr. Garvis Sams who is representing J.D.S. Investments
d/b/a Fouts Brothers Trucks. Mr. Sams asked Mayor Bacon if the three requests may
be discussed contemporaneously and Mayor Bacon agreed. Mr. Sams stated that the
.32 acre is west of the existing Fouts Brothers property and is north of the Public
Works building. Mr. Sams stated the only access off of this property is through the
existing property and the only purpose of this property is for parking excess truck
inventory. Mr. Sams stated that the applicant would like to withdraw the variance
request and re-plat the property so that the size of the lot will be adequate. Councilman
Cramer made a motion to approve the rezoning request of .32 acre from R-15 to GC of
911 Wells Circle with the stipulations that the property be re-platted in order to meet
size requirements and that there be no access to Wells Circle and Councilman Wood
seconded the motion.
Councilman Newcomb stated that by re-platting of the property, the City is deleting
another small parcel of land and asked Mr. Sams what type of buffer the applicant
intends to use. Councilman Cramer stated that there is presently a chain link fence in
place and Mr. Sams stated that the fence should be adequate. Motion was approved 5-
0-I. (Councilman Scoggins abstained)
...
(F) Land Use Change Request-911 Wells Circle-Low Density Residential to
Neighborhood Activity Center.
Councilman Cramer made a motion to approve the land use change request for 911
Wells Circle from low density residential to neighborhood activity center and
Councilman Newcomb seconded the motion. Motion was approved 5-0-1. (Councilman
Scoggins abstained)
(G) Variance Request-911 Wells Circle-Reduce Acreage Required for Truck
Sales.
Mayor Bacon stated that the variance request for 911 Wells Circle has been withdrawn.
(H) Rezoning Request-4176 North Cooper Lake Road-3.67 Acres from R-20 to
RAD Conditional.
Mayor Bacon stated that the rezoning request for 4176 North Cooper Lake Road has
been withdrawn without prejudice.
(I)
Variance Request -4893 Delford Court -- Reduce Rear Building Line from 25
feet to 20 Feet at Point of Encroachment.
--
Mr. Smith stated that Ryland Homes is requesting this variance in order to build a
home on the lot because of a storm drainage easement. Mayor Bacon stated that this is
a public hearing and asked if there was any opposition. There was none.
Councilman Wood introduced Mr. Dean Lamb of Ryland Homes who stated that the
variance request is necessary due to the shape of the lot and the drainage easement.
Councilman Wood stated the Ryland Homes has sent letters to homeowners stating the
March 20, 2000
6
necessity of a variance request and there is no opposition from homeowners.
Councilman Wood made a motion to approve the variance request for 4893 Delford
Court to reduce Rear Building Line from 25 feet to 20 feet at the point of encroachment
and Councilman Hawkins seconded the motion. Motion was approved 6-0.
(J) Rezoning Request-ll08 Fleming Street-Rezone 3 Lots from R-15 to RAD
Conditional.
Mr. Smith stated the applicant would like to build three homes on the property and the
motion from the planning and zoning was to deny the request to rezone. Mayor Bacon
stated that this is a public hearing and asked if there was any opposition. City Attorney
Scott Cochran administered the oath to the persons who would be speaking on this
issue.
....
Councilman Hawkins recognized the applicant, Amy Smiga, who stated that she would
like to build three homes on the property. Ms. Smiga stated that if the rezoning request
were approved there would be a need for a small fenced detention pond 18 feet wide by
18 inches deep. Councilman Hawkins stated that if approved there would be three curb
cuts. Councilman Hawkins asked Ms. Smiga if she has built homes in this area and
Ms. Smiga stated that she has not.
Mayor Bacon recognized Ms. Judy Adkins of 2630 Hughes Street who stated that she
represents the community. Ms. Adkins stated that the community is in opposition to
this variance request because they want this plan to conform to the neighborhood. Ms.
Jenny Hubbard-Young, Kevin Pfannes, Robert Vickery, Debra Strader, and Betty
Panter voiced their similar concerns. Councilman Hawkins made a motion to deny the
rezoning request of 1108 Fleming Street and Councilman Cramer seconded the motion
to deny. Motion to deny was approve 6-0.
(K)
Request Land Use Change-ll08 Fleming Street-Low Density Residential to
Medium Density Residential.
....,
Mayor Bacon stated that because the rezoning request was denied, there was no need to
address the request for a land use change.
(L) Rezoning Request-3110 and 3130 Atlanta Road-R-20 to RAD Conditional.
Mr. Smith stated that the applicant wants to develop the 4.20 acres into a sub-division
of 18 lots or a density of 4.52 units per acre. Mayor Bacon stated that this is a public
hearing and asked if there was any opposition. City Attorney Scott Cochran
administered the oath to the persons who would be speaking on this issue.
Councilman Hawkins recognized Mr. Starr who stated that this development is in both
the City and County and will be similar to the Paces 2000 subdivision that he built.
Mr. Starr read a prepared statement describing his credentials and the proposed
development. Councilman Hawkins asked Mr. Starr if the streets were going to be
public and Mr. Starr answered yes. Councilman Scoggins asked what the price range
would be and Mr. Starr stated that the price of the homes should begin in the middle
four hundred thousands.
Mayor Bacon recognized Mr. Scott Livanec who discussed his concerns regarding the
clear cutting of the land and traffic concerns. Mayor Bacon recognized Ms. Martha
Livanec who requested a deceleration lane from Atlanta Road to Collier Road and an
acceleration lane from Collier Road to Atlanta Road. Councilman Hawkins stated that
a traffic light is planned for this intersection and asked if the traffic light would be
sufficient? Councilman Hawkins stated that he would ask the City Engineer to conduct
a traffic study to determine if additional traffic lanes are necessary.
WIllI
Mayor Bacon recognized Ms. Becky Miller-White who spoke of her concerns regarding
storm water runoff, the sewer line location and the detention ponds. Ms. Miller-White
March 20,2000
7
stated that she is concerned with the detention pond as well. Mr. Starr stated that the
detention ponds are going to be underground if possible and the sewer lines will
connect to the existing Atlanta Road sewer lines. Mr. Starr stated that the sewer lines
would not be located on any adjoining property. Councilman Cramer asked Mr. Starr
to describe the fence surrounding the rear of the property and Mr. Starr stated that it
would be a vinyl coated fence that will be covered in holly. Councilman Lnenicka
asked Mr. Starr to investigate the possibility of constructing a deceleration lane similar
to the one at Ridge Road. Councilman Hawkins made a motion to approve the
rezoning request for 3110 and 3130 Atlanta Road with the following stipulations:
..
1. Collier Commons will require a mandatory Homeowner's Association.
2. All retention ponds are required to be underground. If unable to place retention
ponds underground, the developer must present a landscaping plan to City
Council.
3. Storm water retention ponds must hold 110 % of the present normal water now
being displaced.
4. The City Engineer must approve all retention pond plans, run-off plans and
hydrology studies.
5. All utilities in the development must be underground.
6. All homes will have an exterior finish of brick, stucco or siding.
7. All homes will have a two-car garage in the rear.
8. A decorative brick wall will be constructed along Atlanta Road of similar design
and nature to the one built presently on Atlanta Road surrounding Paces 2000.
9. A decorative brick wall will be constructed along Collier Road of similar design
and nature to the one built presently on Atlanta Road surrounding Paces 2000.
10. A six-foot vinyl coated fence will be installed around the remaining sides of the
property (not Collier or Atlanta Roads).
11. Landscaping as noted in the plan presented to Council will screen a six-foot vinyl
coated fence. Holly landscaping will be on both inside and outside (pending
approval of adjoining property owner) of fence.
12. A minimum of fifteen feet shall be maintained between all houses.
13. The minimum floor plan will be twenty-four hundred square feet.
14. The development shall not exceed eighteen homes.
15. All streets in the development will be public streets.
16. No sewer line from this development will traverse on any adjoining property.
17. The name "Vinings" can not be used anywhere in this subdivision.
..
Councilman Cramer seconded the motion. Motion was approved 6-0.
Councilman Hawkins stated that the City Engineer will study the feasibility of a
deceleration lane from Atlanta Road.
(M) Request Land Use Change-3110 and 3130 Atlanta Road-Low Density
Residential to Medium Density Residential.
Councilman Hawkins made a motion to approve the land use change for 3110 and 3130
Atlanta Road from Low Density Residential to Medium Density Residential and
Councilman Cramer seconded the motion. Motion was approved 6-0.
(N) Rezoning Request-620 Church Street-3.63 Acres from R-15 to RTD
Conditional.
'-
Councilman Cramer made a motion to table the rezoning request for 620 Church Street
to April 3, 2000 and Councilman Wood seconded the motion. Motion to table was
approved 6-0.
(0) Land Use Change Request-620 Church Street-3.63 Acres from Community
Activity Center to High Density Residential.
March 20, 2000
8
Councilman Cramer made a motion to table the Land Use Change Request for 620
Church Street to April 3, 2000 and Councilman Wood seconded the motion. Motion to
table was approved 6-0.
(P) Alcoholic Beverage License Request-Ruby Tuesday-3197 South Cobb
Drive-Retail Pouring License (Liquor, Beer, Wine).
Mr. Smith stated that Mr. Burgess is requesting to be authorized as the agent for 3197
South Cobb Drive Ruby Tuesday's and that Mr. Burgess has been given a copy of the
Alcoholic Beverage Ordinance. Mayor Bacon stated that this location has an existing
Alcoholic Beverage License and that there has not been any problems at this location.
Mayor Bacon stated that this is a public hearing and asked if there was any opposition
to this request. There was none.
""""
Councilman Hawkins asked Mr. Burgess if he was familiar with the City Ordinances
regarding alcohol sales and Mr. Burgess stated that he was. Mr. Burgess stated that
Ruby Tuesday's has a good relationship with the Smyrna Police Department and that
Ruby Tuesday's has a training program that begins the with the date of hire.
Councilman Hawkins stated that the Smyrna Police Department conducts random sting
operations and Mr. Burgess stated that this was not a problem because they are very
strict with their alcohol sales. Councilman Hawkins stated that there is no reason to
deny Mr. Burgess an alcoholic beverage license and made a motion to approve the
retail pouring license for beer wine and alcohol at Ruby Tuesday at 3197 South Cobb
Drive with Mr. Gary Burgess as the agent. Councilman Newcomb seconded the
motion. Motion was approved 6-0.
(Q) Alcoholic Beverage License Request-Cost Plus, Inc. d/b/a Cost Plus World
Market-2530 Cumberland Blvd.-Retail Package License (Beer, Wine).
Mr. Smith stated that this is a new application for the applicant, Cost Plus World
Market and that Ms. Maggie Joyce Durden has been given a copy of the Alcoholic
Beverage Ordinance. Mayor Bacon stated that this is a public hearing and asked if
anyone is in opposition. There was none.
....
Councilman Newcomb asked Ms. Durden to describe the Cost Plus World Market and
Ms. Durden stated that the establishment will be a specialty market which sells items
imported from around the world as well as imported beer and wine. Councilman
Newcomb stated that this is the first Cost Plus World Market in Georgia. Councilman
Newcomb asked Ms. Durden if she was familiar with the City Ordinances regarding
beer and alcohol sales and Ms. Durden stated that she is. Councilman Newcomb stated
that the City would do undercover sting operations to deter underage sales of alcohol
and Ms. Durden stated that she is aware of this. Councilman Newcomb advised that
she is responsible if a clerk sells alcohol to a minor and Ms. Durden stated that she
understood. Ms. Durden stated that each cashier must sign a form each day that the
cashier is aware of the birth date allowed to purchase alcohol. Councilman Newcomb
stated that the police report showed no reason to deny the request and Councilman
Newcomb made a motion that the retail pouring license for beer and wine for Cost Plus
World Market at 2530 Cumberland Parkway be approved with Ms. Maggie Joyce
Durden as the agent and Councilman Wood seconded the motion. Motion was
approved 6-0.
FORMAL BUSINESS:
..."
(A) Emergency Telephone 911 Resolution.
Mr. Smith stated that there is a surcharge for the 911 system and the resolution must be
renewed each year.
March 20, 2000
9
Councilman Lnenicka read the Emergency Telephone 911 Resolution and made a
motion to approve the Emergency Telephone 911 Resolution. Councilman Wood
seconded the motion. Motion was approved 6-0.
(B) Approval of Telecommunications Franchise Agreement-City of Smyrna and
Level III Communications.
..
Mr. Smith stated that Andy Macke of GMA has negotiated the Telecommunications
Franchise Agreement between the City of Smyrna and Level III Communications.
Councilman Hawkins stated that the City contracted GMA attorney Andy Macke to
assist with the telecommunication negotiations. Mr. Macke stated that Level III would
be compensating the City with three percent of their gross earnings within City limits.
Mr. Macke introduced Ms. Schwartz of Level III who stated that she looks forward to
working with the City. Councilman Hawkins made a motion to approve the
Telecommunications Franchise Agreement between the City of Smyrna and Level III
Communications. Councilman Wood seconded the motion. Motion was approved 6-0.
(C) Approval of Telecommunications Right of Way Agreement-City of Smyrna
and Media One.
Mr. Smith stated that Mr. Macke assisted with the telecommunication negotiations
between the City of Smyrna and Media One. Mr. Smith stated that Media One will be
paying the City to run a line to their corporate headquarters.
..
Councilman Hawkins asked Mr. Macke to describe this right of way agreement and
Mr. Macke stated that this right of way agreement is for internal communications only.
Mr. Macke stated that Media One will be paying five dollars per linear foot to lay fiber
optic cable from Oakdale Road to Highland Parkway. Councilman Hawkins made a
motion to approve the right of way agreement between the City of Smyrna and Media
One and Councilman Wood seconded the motion. Motion was approved 6-0.
(D) Authorize Mayor to Execute Agreement and Any Document Incident Thereto-
City of Smyrna and Metricom.
Mr. Smith stated that Metricom is a wireless communications company.
Councilman Hawkins introduced Mr. Ken Rozanski of Metricom who described
Metricom. Councilman Hawkins made a motion to authorize the Mayor to execute the
Agreement and any document incidents thereto between the City of Smyrna and
Metricom. Councilman Scoggins seconded the motion. Motion was approved 6-0.
COMMERCIAL BUILDING PERMITS:
There were none.
BID AWARDS:
There were none.
--
CONSENT AGENDA:
(A) Approval of the March 6, 2000 Minutes.
(B) Approval of Bid Amendment for 1312 West Spring Street.
(C) Approval to Request Bids for Replacement Equipment for Public Works.
(D) Approval to Purchase Three Crown Victoria Police Package Vehic1es under
State Contract #080381-070-8000-0001.
March 20, 2000
10
(E) Approval to Purchase Thirty-Five Copies of Easy Street Draw Software and
One Easy Street Users Guide.
Councilman Lnenicka made a motion to approve the consent agenda and Councilman
Cramer seconded the motion. Motion was approved 6-0.
COMMITTEE REPORTS:
Councilman Newcomb stated that Mr. Broyles mother is ill and sends good thoughts
and prayers to him.
....
Councilman Scoggins recognized Ms. Kirk who gave the BFI recycling hotline number
to the public. Ms. Kirk stated that some large stones are being placed along the side of
the duck pond to help alleviate the erosion. Councilman Cramer congratulated Ms.
Kirk on completing her training. Ms. Kirk stated that the City of Smyrna was awarded
first place in the State of Georgia government category for the minimization of the
impact of solid waste on communities. Ms. Kirk thanked all the departments for
making this award possible.
Councilman Hawkins stated there was no report from Finance this evening.
Councilman Cramer stated there was no report from Human Resources this evening.
Councilman Lnenicka introduced Chief Hook who stated the Department of Justice has
published a booklet on crime scene investigation that gives credit to Larry Wood,
Detective Major Case Unit of the Smyrna Police Department. Chief Hook also
commended Officer Hegwood and Officer Bennett for their seizure of a large shipment
of marijuana. Chief Hook stated that the jail population has decreased to an average of
25 people a day and that since January 1, 2000, 230 people have been arrested on
warrants.
....,
Councilman Wood introduced Ms. Jennifer Bennett who stated that the Jonquil Festival
will be held on April 29 and April 30 and the Jonquil City Jog, which benefits
Campbell High School, will be held on April 29.
Councilman Wood introduced Mr. Michael Seigler who stated that February had the
highest monthly attendance ever with 18,819 visitors. Mr. Seigler stated that National
Library Week is April 9-15 and the Library will be conducting contests. Mr. Seigler
announced that the Friends of Library dinner is scheduled for April 15.
ADJOURNMENT
With no further business, the meeting adjourned at 11: 10 p.m.
....,
March 20, 2000
/~~
A. MAX BACON, MAYOR
-
1hcJ,~bllu. r ~ifrl mJ<J
CHARLENE CAPILO TO, WARD 1
4iJ<~~
'BILL SC GGINS, RD 3
/~fL
~--- 1\CK CRAMER, WARD 5
-
~~~
CHARLES PETE WOOD, WARD 7
....
11
~
~.--\L., ~
RON NEWCOMB, WARD 2