March 6, 2000 Council Meeting
March 6,2000
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall.
The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30
o'clock p.m. All council members were present. Also present were City
Administrator Howard Smith, City Clerk Candis Joiner, Deputy City Clerk Kellie
Barber, City Attorney Scott Cochran, and representatives of the press.
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Invocation was given by Smyrna Police Department Chaplain, Ron Waddell, followed
by the pledge to the flag.
Mayor Bacon recognized School Board Representative, Curt Johnston who invited
everyone to participate in a golf tournament for Campbell High School, and Mr.
Johnston introduced Ms. Susan Bishop, principal of Campbell Middle School and
Jennifer Johnson, Randy Anderson, and Molly Halan students of Campbell Middle
School. Ms. Bishop thanked the City for the support of the schools and indicated the
students would be discussing the Character Words of the Month for March. Mayor
Bacon thanked the children and presented each student with a gift bag.
CITIZENS INPUT:
Mayor Bacon recognized Frank Bradford who urged everyone to vote on Tuesday,
March 7, 2000.
PUBLIC HEARINGS:
(A) Approval of the Design Concept of the Cobb Veterans Memorial on the Village
Green in Smyrna.
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Mr. Smith stated that this issue is a part of the re-development plan of the downtown
area and that Mayor Bacon had appointed a committee to study and address the issue of
a Veterans Memorial by identifying a site and design for the Memorial. Mr. Smith
stated that the Bank Street site was selected as the best site to pay honor to Veterans.
Mayor Bacon stated this is a public hearing and stated that anyone in opposition would
have a chance to speak after the project has been presented.
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Mayor Bacon stated that the Downtown Development Authority will also address the
Veterans Memorial issue and recognized Mr. Bill Lnenicka, Chairman of the Veterans
Memorial Committee. Mr. Lnenicka stated that the first meeting of the Veterans
Memorial Committee was in September of 1998 and that there have been many
meetings since that date. Mr. Lnenicka stated that Douglas Allen and Jude LeBlanc,
the architects on the project, have assisted throughout the decision process. Due to the
concerns over the size of the Memorial, Mr. Lnenicka stated that the design has been
modified by reducing the 134 feet of 12' high granite wall by fifty percent. Mr.
Lnenicka introduced Mr. Allen who described the four parts of the proposed design.
Part one is the ceremonial platform that is located at the corner of Bank and King
Streets and is raised about three feet above street level. Mr. Allen stated that there
would be a sixty-four foot flagpole for the American flag with smaller flags
representing the insignia of each branch of service. Part two is at a right angle to part
one and is a retaining wall that is divided into ten segments, eight feet wide, each
representing a decade that will consist of a time line that will contain the names of the
people who were killed in action. Mr. Allen said that this part of the Memorial is
intended to be a teaching tool for students. Part three is a garden that commemorates
the missing in action and prisoners of war by paving the walkways with marble pavers.
Mr. Allen stated that part three has a two-foot wall with a holly hedge, twelve elm trees
and a very large grass plat in the center. Part four is a very large grass plat that will be
utilized during concerts, pony rides, and other festivities. Councilman Cramer stated
that many areas were considered for the proposed Veterans Memorial and that the
March 6, 2000
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corner of Bank and King Streets was decided as the best location. Mr. Allen stated that
the three pecan trees, one water oak tree and one dogwood tree would be replaced with
twelve six-inch caliper October Glory Maple trees and twelve elm trees; the large oak
will remain. Mayor Bacon stated that the City Arborist stated that this is a solid plan
for replacing the trees. Mr. Allen stated that the grass would be irrigated zoysia sod.
Mayor Bacon recognized Mr. Mike Kidd who stated that he is speaking for a group of
people who are in favor of a Veterans Memorial. Mr. Kidd stated that his group feels
that a Memorial should be a serious place of reflection not celebration and that the
proposed design of the Veterans Memorial is not mis-designed just misplaced at the
corner of Bank and King Streets. Mr. Kidd requested that all funds be secured before
beginning the construction of the Memorial and to form a committee of citizens to
oversee the final plans and construction. Mayor Bacon asked Mr. Kidd if the decrease
of the back wall satisfies the group of citizens and Mr. Kidd said no, it does not.
Mayor Bacon stated that he had wanted a memorial on this land in order to preserve
this green space for future generations. Mayor Bacon recognized Ms. Robin Cubbage
who asked if the final decision on the Veterans Memorial will be determined at this
Council Meeting and Mayor Bacon stated that in his opinion both the City Council and
the DDA will need to approve the design of the Veterans Memorial. Ms. Cubbage
asked for assurance that the project will not begin until the funds have been secured and
Mayor Bacon stated that no permits will be issued until the funds are completed. Ms.
Cubbage asked what the plans would be if there are more people requesting bricks than
planned for and Mr. Allen stated that due to the two types of pavers there should be
sufficient room for the pavers. Ms. Cubbage asked about the height of the wall and
Mr. Allen stated that the wall on the front side is a retaining wall and will go from
eight to twelve feet and that the back wall will be about two feet high. Councilman
Cramer stated that the wall would be the same height as the current slope of the
landscape. Councilman Cramer made a motion to approve the design concept of the
Cobb Veterans Memorial on the Village Green in Smyrna and for the project to begin
once there are equal funds to complete the project and Councilman Lnenicka seconded
the motion. Councilman Hawkins stated that due to the new construction on the retail
center the downtown area would be undergoing dramatic changes and the Memorial
Park will be a tremendous buffer between the homeowners and the retail development.
Councilman Lnenicka stated that the design is compatible with the whole downtown
theme because this park celebrates the service of Veterans and the Memorial Park is a
suitable manner of safeguarding this very valuable acre of land as green space.
Councilwoman Capilouto stated that if not for Veterans her family would have perished
during WWII and she feels that the scaled down version of the Memorial is an
appropriate way to honor the Veterans. Councilman Scoggins stated that he has been
strongly against the Memorial because he has received numerous calls in opposition to
the original size of the Veterans Memorial. He continued that because of the
compromise of the architects and Veterans committee, the Memorial Park will be an
admirable way to honor the United States' Veterans. Councilman Wood stated that
this Memorial will be good for the community and the Memorial Park is a positive
addition to the downtown area which has been a catalyst for the entire City of Smyrna.
Councilman Newcomb stated that the Veterans Memorial Park is the appropriate size,
placement and design. Motion was approved 7-0.
(B) Request to Rezone 14.28 Acres at 3560 Ridge Road from R-20 to RAD
Conditional.
Mr. Smith stated that the applicant Mr. Mark Shaw would like to build a subdivision
with a density of approximately 3.85 units per acre. Mr. Smith stated the planning and
zoning commission approved the request with stipulations and Cobb County reviewed
the request and does not object to the request. Mayor Bacon stated that this is a public
hearing and asked if anyone present was in opposition to the request. There was no
opposition.
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March 6, 2000
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Councilman Lnenicka recognized Mr. Shaw who stated that he plans to develop the
land at the northwest corner of Ridge Road and Atlanta Road with 54 homes and a
pavilion area. Councilman Lnenicka stated that this property is currently owned by the
Mackay family. Mr. Shaw stated that he and the Mackay family felt that this was the
best option for the Mackay property. Councilman Lnenicka thanked Mrs. Mackay for
her commitment to the City of Smyrna. Councilman Lnenicka stated that the following
stipulations have been discussed and agreed upon by Mr. Shaw.
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1. There shall be protective covenants on all lots and there shall be a mandatory
homeowners association for the development. The protective covenants will
require all non-resident property owners to keep the Homeowners Association
advised of the current address and phone numbers where they may be reached.
2. Adequate storm water detention shall be provided, such that the developer
creates a 10% reduction in a 100-year storm event. All retention ponds shall be
placed and screened appropriately to be unobtrusive to homes within the
development. Retention ponds will be built to hold at least 11 0 % of normal
code required capacity subject to approval by the City Engineer. The City
Engineer must approve all plans.
3. All utilities within the development will be underground.
4. The developer will comply with the City's current tree ordinance and preserve
as many of the existing trees as possible.
5. There shall be a landscaped front entrance, with monument, indicating the name
of the development. Deceleration lanes shall be provided at the entrance as
required by the City Engineer.
6. All homes will have a two (2) car garage, with individual doors on at least 60%
of the homes. All homes will have a minimum of 2400 square feet of heated
and cooled floor space, excluding the garage.
7. Developer to build an attractive six (6) foot masonry wall along the Atlanta
Road frontage and around the corner with Ridge Road and up Ridge Road to the
start of Lot #25. Where the pipeline easement (75 feet in width) is located on
Atlanta Road, a decorative metal fence with metal gate shall be installed with
appropriate landscaping as allowed on the easement.
8. A decorative six (6) foot wooden or split rail fence shall be built on the Ridge
Road frontage except that a solid brick wall may be built on lot numbers 1 and
39.
9. A six (6) foot stained wooden fence will be erected around perimeter of
property not on Atlanta Road or Ridge Road.
10. A combination of fencing and landscaping will be installed on Atlanta Road
frontage to buffer the development and provide privacy. The depth of
landscaping along the entire Atlanta Road frontage shall be a minimum of
twenty (20) feet.
11. No debris shall be buried on any lot or common area.
12. The developer will install decorative street lights within the development,
subject to approval by the City Engineer.
13. The protective covenants will require that all yards be sodded and landscaped.
Disturbed areas will be grassed, sodded or replaced, common areas will be
grassed, sodded or landscaped, and irrigated as appropriate. All landscape
plans must be prepared, stamped and signed by a Georgia Registered Landscape
Architect.
14. The homes will have a minimum of three (3) side brick, stucco or stone.
Shakes are not desirable but may be used for accent on no more than 10% of the
homes.
15. All landscape plans must be prepared, stamped and signed by a Georgia
Registered Landscape Architect for common areas and entrances.
16. Minimum building set backs for single family homes will be as follows:
(a) Front 20 feet from back of curb, 8 feet from right of way.
(b) Rear: 20 feet.
(c) Side: 5 feet, within a minimum of 15 feet between buildings. Up to 40% of
the homes may have a minimum of 10 feet between buildings if the homes
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March 6, 2000
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on both sides have sprinkler systems installed or are built as per NFP A
standards and are approved by the Fire Department.
17. Hardwood tree replacement will be a minimum of two (2) trees per lot, at least
4 inches in diameter (4" caliper) and two (2) trees to be at least 2 inches in
caliper. The following species of trees may be used: Nuttall Oak, Swamp
Chestnut Oak, Allee Elm and Village Green Zelkova. Other species may be
used only if first approved by the City Arborist.
18. All streets will be public, with a sidewalk on at least one side.
19. Developer will build a maximum of 54 homes on the approximate 14.28 acres.
20. Developer will include a decorative gazebo or pavilion of at least 900 square
feet, complete with restrooms, drinking fountain, ceiling fans and pay telephone
to serve as a common recreation/meeting area for the homeowners. Parking for
at least 4 cars shall be provided on the site.
21. All homes built on lots #22-25 will be four-sided brick, stucco or stone.
22. Developer agrees to fund a traffic study to review Atlanta Road between Paces
Ferry and Campbell Road, and Ridge Road in its entirety. The City Engineer
must approve the firm doing the study. The cost shall not exceed $5,000.00.
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Mr. Shaw stated that the proposed name of the subdivision is Oak Ridge Estates.
Mayor Bacon stated that he is excited about Mr. Shaw's development. Councilman
Lnenicka made a motion to approve the request to rezone 14.28 acres at 3560 Ridge
Road from R-20 to RAD Conditional with the above mentioned 22 stipulations.
Councilman Cramer seconded the motion. Motion was approved 7-0.
(C) Request Land Use Change from Low Density Residential to Medium Density
for 14.28 acres at 3560 Ridge Road.
Mayor Bacon stated that this was a public hearing and asked if there were any
comments regarding this issue. There were no comments. Councilman Lnenicka made
the motion to approve the land use change from low density residential to medium
density for 14.28 acres at 3560 Ridge Road, and Councilman Wood seconded the
motion. Mayor Bacon recognized Mr. Whittington, the City Arborist who said that the
proposed tree replacement plan for this subdivision is adequate. Motion was approved
7-0.
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(D) Alcoholic Beverage License Request-for Suite Tenant d/b/a Sumner Suites-
Galleria-2876 Spring Hill Parkway-Retail Pouring License for Liquor, Beer
and Wine.
Councilwoman Capilouto stated that Mr. Bailey is no longer employed by Sumner
Suites and the new application has not been completed so Sumner Suites is withdrawing
the application for Mr. Bailey to serve as agent. There was no one present from
Sumner Suites.
(E) Alcoholic Beverage License Request-EI Pastoracito-350 Pat Mell Road-
Retail Pouring License for Liquor, Beer and Wine.
Councilman Cramer stated that the City has received a letter withdrawing the
application for an alcoholic beverage license for EI Pastoracito at 350 Pat Mell Road.
(F)
Variance Request-Burger King-261O Spring Road-To Have Two Signs on
One Site.
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Councilwoman Capilouto stated the City has received a letter from the attorney for
Burger King asking to table the variance request for Burger King at 2610 Spring Road
to have two signs on one site until March 20, 2000. Councilwoman Capilouto made
the motion to table the request for Burger King at 2610 Spring Road to have two signs
on one site until the March 20, 2000 Council Meeting and Councilman Newcomb
seconded the motion. Motion was approved 7-0.
March 6, 2000
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(G) Variance Request-The Morris Living Center-4061 King Springs Road-
Reduce Rear Yard Setback from 50 feet to 15 feet.
Mr. Smith stated that the applicant plans to build and remodel the facility on the
property. Mayor Bacon stated that 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.
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Councilman Wood stated that this property is currently zoned for Office-Institutional
and a zoning change is not necessary as Mr. Thurmon plans to build an assisted living
center for senior citizens. Mr. Sauder, Mr. Thurmon's attorney, thanked Councilman
Wood and City Attorney Cochran for their assistance on this issue. Mr. Sauder stated
that Mr. Thurmon's facilities are first class and should meet the need for assisted living
facilities in Smyrna. Mr. Sauder stated that the present plan would not negatively
impact the homeowners or landscape in this area and that this facility should lessen
traffic in this area. Mayor Bacon recognized Mr. Munie, 1152 Rhyne Chase, who
stated that he is the president of the homeowner's association. Mr. Munie stated that
the homeowners are aware that this is a request to reduce the rear setback, but the
homeowners have several unanswered questions, and would like this request to be
tabled until their questions can be answered. Mr. Joseph Cregan of 1170 Rhyne Chase,
Mr. Wright Tilley of 1168 Rhyne Chase, Mr. Harris Couch of 1164 Rhyne Chase, Mr.
John Bray of 1172 Rhyne Chase, Mr. Doug Kays of 1156 Rhyne Chase and Mr. Awe
of 1166 Rhyne Chase spoke of their concerns. Mr. Thurmon stated that he is very
willing to work with the homeowners. Councilman Wood stated that an assisted living
facility is a benefit to this area. Councilman Wood made a motion to table the request
for a variance request for the Morris Living Center until March 20, 2000 and
Councilman Cramer seconded the motion. Motion was approved 6-0-1.(Councilman
Lnenicka abstained upon the advisement of the City Attorney because he is on the
Board of Directors of Woodland Ridge Assisted Living Facility.)
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(H)
Privileged License Request-Corporate Line Limousine-1784 Corn Road-
Limousine Service.
Mr. Smith stated the applicant, Mr. Cedric Mogbolu, has met with the business license
officer and he understands the requirements of a business license. Mayor Bacon stated
that this is a public hearing and asked if there was any opposition to the request. There
was no opposition.
Councilman Newcomb that this property is in the light industrial area of Corn Road.
Mr. Mogbolu stated that because he purchased a home in Smyrna, he moved his
limousine business to Smyrna. Councilman Newcomb asked Mr. Mogbolu if he
understand the requirements of a limousine privileged license and Mr. Mogbolu stated
that he understood. Councilman Newcomb made the motion to approve the business
limousine license request for Corporate Line Limousine at 1784 Corn Road and
Councilman Scoggins seconded the motion. Motion was approved 7-0.
(I) Alcoholic Beverage License Request-Sugar Bear, Inc. d/b/a Amoco Food
Shop-475 Windy Hill Road-Retail Package License for Beer and Wine.
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Councilman Cramer stated that the City has received a letter requesting that the retail
package alcoholic beverage license request for Sugar Bear, Inc. be tabled until March
20, 2000. Councilman Cramer made a motion to table the retail package license
request for beer and wine for Sugar Bear, Inc. d/b/a Amoco Food Shop, 475 Windy
Hill Road until March 20, 2000. Councilman Wood seconded the motion. Motion was
approved 7-0.
FORMAL BUSINESS:
March 6, 2000
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(A) Validation of Petition for Annexation -Land Lots 558, 595 and 596-Parcel A
and B, 17th District, 2nd Section, Cobb County-4.20123 Acres-Collier Road
and Atlanta Road.
Councilman Hawkins stated that the City has received a petition from Thornton W.
Morris and Margaret Collier Londeau to annex the following described property:
PARCEL A
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 558, 595,
and 596 of the 17th District, 2nd Section, Cobb County, Georgia, and being more
particularly described as follows:
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BEGINNING AT A POINT marked by an iron pin found on the southwestern margin of
the right-of-way of Atlanta Road (having a variable right-of-way width) which is north 53
degrees 35 minutes 36 seconds west a distance of 122.63 feet as measured along the
southwestern margin of the right-of-way of Atlanta Road from the intersection of the
southwestern margin of the right-of-way of Atlanta Road and the western margin of the
right-of-way of Collier Drive (having a variable right-of-way width); RUNNING
THENCE south 01 degree 04 minutes 16 seconds west a distance of 451.66 feet to a
point; RUNNING THENCE north 89 degrees 30 minutes 13 seconds west a distance of
100.22 feet to a point; RUNNING THENCE north 01 degree 35 minutes 13 seconds east
a distance of 24.07 feet to a point on the southern land lot line of Land Lot 595;
RUNNING THENCE north 89 degrees 09 minutes 06 seconds west along the southern
land lot line of Land Lots 595 and 558 a distance of 229.30 feet to a point; RUNNING
THENCE north 12 degrees 43 minutes 02 seconds east a distance of 127.27 feet to a
point; RUNNING THENCE north 12 degrees 07 minutes 07 seconds east a distance of
124.41 feet to a point; RUNNING THENCE north 12 degrees 35 minutes 28 seconds east
a distance of 325.23 feet to a point marked by an iron pin found on the southwestern
margin of the right-of-way of Atlanta Road; RUNNING THENCE south 56 degrees 35
minutes 53 seconds east along the southwestern margin of the right-of-way of Atlanta
Road a distance of 254.22 feet to the POINT OF BEGINNING; said parcel containing
3.24684 acres; all as shown and delineated as Parcel "A" on Boundary and Topographic
Survey prepared by Watts & Browning Engineers, Inc., dated August 9, 1999.
...
PARCEL B
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 595 and 596
of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly
described as follows:
BEGINNIN G AT A POINT at the intersection of the southwestern margin of the right -of-
way of Atlanta Road (having a variable right-of-way width) and the western margin of the
right-of-way of Collier Drive (having a variable right-of-way width); RUNNING
THENCE south 01 degree 04 minutes 53 seconds west along the western margin of the
right-of-way of Collier Drive a distance of 379.73 feet to a point; RUNNING THENCE
north 89 degrees 30 minutes 13 seconds west a distance of 99.98 feet to a point;
RUNNING THENCE north 01 degree 04 minutes 16 seconds east a distance of 451.66
feet to a point on the southwestern margin of the right-of-way of Atlanta Road;
RUNNING THENCE south 53 degrees 35 minutes 36 seconds east along the
southwestern margin of the right-of-way of Atlanta Road a distance of 122.63 feet to the
POINT OF BEGINNING; said parcel containing 0.95439 acres; all as shown and ..,
delineated as Parcel "B" on Boundary and Topographic Survey prepared by Watts &
Browning Engineers, Inc., dated August 9, 1999.
Councilman Hawkins made a motion that the petition to annex the above-described
property be validated and a public hearing set for April 3, 2000. Councilman
Newcomb seconded the motion. Motion was approved 7-0.
March 6,2000
7
(B) Validation of Petition for Annexation-Land Lot 335 17th District, 2nd Section,
Cobb County-4.20 Acres-North Cooper Lake Road.
Councilman Wood stated that the City has received a petition from Frances Ramona
Nix to annex the following described property:
All that tract or parcel of land lying and being in original Land Lot No. 335 of the 17th
District and 2nd Section of Cobb county, Georgia, and being a tract of land containing
four and two-tenths (4.2) acres, more or less, located in the Southwest corner of said
land lot and being more fully described as follows:
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BEGINNING at the Southwest corner of said land lot and running thence East along
the South original line of said land lot for a distance of 427 feet to the Concord or
Cooper Lake Road; thence Northeasterly along the westerly side of said road for a
distance of 335 feet to a point; thence westerly for an unknown distance to a point on
the West original line of said land lot, this point being 370 feet North of the southwest
corner of said land lot; thence South along said land lot line for a distance of 370 feet to
the point of beginning. Said tract of land being bounded South and West by the
original lines of said land lot; North by other lands of the said Mrs. Leavall; and East
by said Cooper Lake Road.
The above described land being a part of the lands (the south portion) which were
conveyed to the said Mrs. Leavall by B.E. Price by deed dated January 10, 1945 the
deed being recorded in Deed Book 166, Page 511, of the Cobb County Deed Records.
Councilman Wood made a motion that the petition to annex the above-described
property be validated and a public hearing set for April 3, 2000. Councilman
Newcomb seconded the motion. Motion was approved 7-0.
COMMERCIAL BUILDING PERMITS:
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There were none.
BID AWARDS:
There were none.
CONSENT AGENDA:
(A) Approval of February 21, 2000 Minutes.
(B) Approval to use Council Chambers on Tuesday, March 7, 2000 for a
Ward 6 Neighborhood Meeting (Vinings Forest Homeowners
Association) from 6:30 p.m. to 10:00 p.m.
(C) Approval to use Council Chambers on Wednesday, March 15, 2000 for
a Ward 6 Neighborhood Meeting (Vinings Forest Homeowners
Association) from 6:30 p.m. to 10:00 p.m.
(D) Approval to Request Bids-Carpet Replacement for Community
Center-Parks and Recreation.
(E) Approval to Adjust Budget-Parks and Recreation.
(F) Approval to Request Bids-Fence for Tolleson Park-Parks and
Recreation.
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Councilman Lnenicka made a motion that the Consent Agenda be approved.
Councilman Wood seconded the motion. Motion was approved 7-0.
COMMITTEE REPORTS:
Mayor Bacon wished a speedy recovery to Larry Brissey and said that Mr. Brissey was
missed at Council Meetings.
March 6, 2000
8
Councilman Hawkins reminded everyone to vote III the Presidential Primary on
Tuesday.
Councilman Wood extended get-well wishes to Mr. Brissey.
There were no additional committee reports this evening.
ADJOURNMENT
With no further business, the meeting adjourned at 10:02 p.m.
~~:2: CANQSJOINER
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CHARLENE CAPILOUTO, WARD 1
RON NEWCOMB, WARD 2
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CHARLES PETE WOOD, WARD
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