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June 22, 1998 Council Meeting June 22, 1998 The special called 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 7:00 o'clock p.m. All council members were present. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. CITIZENS INPUT: - Mayor Bacon recognized State Representative Frank Bradford. Mr. Bradford thanked the mayor and council for allowing him to speak at tonight's meeting. Mr. Bradford announced he is having a fund-raiser barbecue at the Community Center on June 23, 1998, and encouraged everyone to attend. Mr. Bradford stated he is seeking re-election to the Georgia House of Representatives, District 30. PUBLIC HEARINGS: (A) Rezoning Request - Cooper Lake Road (20.4 Acres) - From R-20 to RAD Conditional Mayor Bacon stated Items (A), (B) and (C) were tabled from the June 1 to the special called meeting this evening. Mr. Smith stated Russell Barnett is requesting the rezoning from R-20 to RAD Conditional for 20.4 acres in order to develop a planned subdivision. He stated the original proposed density was 3.43 units per acre with 70 lots in the subdivision. Mr. Smith further stated the subdivision will be located southwest of Vinings Estates off Cooper Lake Road and was heard by the Planning and Zoning Board on May 11 and was supported and recommended by the Planning and Zoning Board. Mr. Smith stated this will also necessitate, if approved by council, a land use change from low density residential to medium density residential. He further stated there is also an annexation petition for the property as well. -- Mayor Bacon asked the applicant to come forward and stated this is a public hearing and asked if anyone was present to speak in opposition to the rezoning request. Several persons indicated they wished to speak and City Attorney Chuck Camp administered the oath to those persons. -- Councilman Wood stated Mr. Russell Barnett, the applicant, is present tonight and Margaret B. Long is the titleholder of the property. Councilman Wood asked Mr. Barnett to describe his plans for the property. Mr. Barnett explained the site is located at the intersection of Cooper Lake Road and Civitania Road and is several blocks past John Wieland's Vinings Estates project. He further stated abutting the entire north line of the property is Thompson Park which contains over 40 acres, two small lakes, several fishing platforms for children as well as a fairly extensive children's play area. He stated they feel the park being adjacent to the property and running along the north property line will be a very valuable recreational amenity for the project. He stated to the west of the boundary is currently zoned R-20, and to the east and west ofCivitania Road is a mixture ofR-15 and R-20 zonings. Mr. Barnett stated the project being proposed is divided by Cooper Lake Road. He stated on the south side of Cooper Lake Road there is a triangular shaped piece of property which contains thirteen lots; on the north side of Cooper Lake Road are forty-seven home sites proposed. He stated the main entry for the property will be off of Cooper Lake Road and this entry incorporates an entry island, entry landscape feature as well as a D.O.T. specified decellane. He stated they have stipulated in their conditions that they will meet all D.O. T. standards on the project. He further stated bisecting the property are two year-round spring fed streams and in addition to that there is a fairly significant lake. Mr. Barnett stated these streams and the one and a half-acre lake have been retained as an open space amenity for the property. He stated there are also two lake access parks and will be provided to all the lot owners as picnic areas and lake access so everyone in the project would have access to those lake parks. He stated in review of what has happened since the Planning and Zoning Board approval on May 11, there were several neighbors at that meeting who expressed concerns over density and potential traffic hazards. He stated after receiving additional input from the Vinings Estates Homeowners Association, they revised the plan significantly to accommodate both the traffic safety concerns and have agreed to reduce the density on the property. Mr. Barnett stated under the revised plan all the private driveways that were initially shown entering onto Civitania Road have been eliminated completely; all thirteen lots off Civitania Road now access off a public entry street, internal June 22, 1998, special called meeting - continued street. He stated in addition, the original land planner located the Civitania entry at a point where the road grade dipped and limited sight distance and they have had the land planner review that issue and he has pulled the Civitania Road access back toward Cooper Lake Road and the entry off Civitania Road now provides for a sight distance of over 250 feet. Mr. Barnett stated the density approved by the Planning and Zoning Board on May 11 was 3.4 units per acre and in an effort to work with surrounding property owners they have agreed to reduce that from 69 lots to 60 lots and the density went from 3.4 units per acre approved on the previous plan to 3 units per acre on the plan that is before the council this evening. Mr. Barnett stated they have agreed, in addition, to increase the percentage of brick, stone and stucco on the front elevations of the homes to 75 % from the original plan presented at the Planning and Zoning Board of 50% and this is now a condition of the project. Mr. Barnett further stated there will be mandatory homeowners' association on the property, the homeowners' association will be responsible for maintaining the lakes, the entry feature, the entry feature monument and the private parks adjoining the lake. He stated to ensure the project will be built out to values equal to surrounding neighborhoods, they have stipulated for a minimum of 1800 square feet of heated space in any home that will be built on the project and this equates to home values between $180,000 and $220,000. He stated lot sizes on the property vary, the smallest lot on the project is 7,150 square feet and the lots go up to over one-half acre size, with the average lot size being in excess of a quarter-acre. He stated the flexibility of the RAD Conditional zoning allows them to create a very attractive project and one they feel will be a future asset to the City of Smyrna. Mr. Wood again asked Mr. Barnett about the price of the homes and Mr. Barnett responded the prices will range from $180,000 to $220,000 and over 50% of the homes are basement homes. Councilman Wood outlined the changes that have been made since the original plan was submitted as follows: - 1. Now sixty (60) lots shown on the plat with an overall density of 3.04 units per acre. 2. Average lot size - 11,597 3. Agreed to the front elevation - at least 75 % of the homes will have brick, stone or stucco. 4. All private driveways have been eliminated from Civitania Road 5. Civitania Road entrance has been redesigned so the entry occurs just south of the existing gas pipeline easement and this entry location provides a sight line in excess of 250 feet on Civitania Road Councilman Hawkins asked Mr. Barnett if the lots facing Cooper Lake Road and Civitania Road (Lots 47 through 40) would be situated facing Cooper Lake Road. Mr. Barnett responded they basically planned a sub-street, a small private street, from which the driveways will begin. Mr. Hawkins asked about the park between that street and Cooper Lake Road. Mr. Barnett stated that part of that area will be used as a detention pond, settlement pond. Mr. Hawkins told Mr. Barnett he would like to see the area along Cooper Lake and Civitania Road in its natural state. Mr. Barnett stated they agree with that, in essence, and they have stipulated to a 40-foot building setback on those lots that front on Cooper Lake (Lots 48 through 47). - Councilman Lnenicka asked if both parcels on either side of Cooper Lake Road are part of the same subdivision and same homeowners' association and Mr. Barnett responded that was correct. He then asked about the signage for the subdivision. Mr. Barnett responded the signage for the project will be in the entry island off the main entryway for the forty-seven home sites and will have an island feature, either brick or stone, landscaped. Mr. Lnenicka asked what they plan for the other lots. Mr. Barnett stated possibly concrete or brick columns or rock columns to tie it in with a small nameplate. Councilman Wood stated there is some existing R-15 zoning across the street at the entrance. Mr. Barnett stated there is R-15 zoning directly across the street. Mayor Bacon recognized Ann Winters, 5160 Civitania Road. Ms. Winters stated she is speaking for a number of her neighbors in Stoney Brook, Vinings Estates, Civitania Woods and along Cooper Lake Road, this evening. Ms. Winters stated the main things they wish to reiterate are as follows: they are not opposed to the development per se; but there were four main points she would like to discuss - density, traffic hazards, run off and annexation. Ms. Winters stated she feels the 3.0 units per acre is too dense for the area. Ms. Winters stated there are two main things that disturb the residents pertaining to traffic problems - road entering Civitania Road due to limited sight distance; shared drive which creates a four-way intersection at Cooper Lake Road and Civitania Road. Ms. Winters discussed the run off issue and expressed their concerns relating to the lake on her property and the two houses below the dam on her property. Ms. Winters stated the revised plans are considerably better than they were with thirteen lots as opposed to 19 lots, and further stated the notes indicate detention '-' June 22, 1998, special called meeting - continued basins will be installed where hydrology engineering suggest they go, but she would like to suggest the two basins minimum on this area because of the potential danger, and also the equivalent number of basins on the other piece of the property. Ms. Winters stated they would like to respectfully request the following: 1. That the city ensure the development is consistent with their area and with the Smyrna Land Plan. 2. They would like to request the lower density - 2.5 to 2.7 units per acre density 3. They recommend a minimum square footage per lot of 12,000 4. They requested that the CivitanialCooper Lake access be relocated to Cooper Lake Road off of Civitania Road and that the shared driveway be eliminated ... Ms. Winters stated as far as the loss of water shed and water runoff, they would request that they be certain that there are sufficient detention basins engineered or over-engineered by at least 30% to accurately meter the water flow. Ms. Winters stated in reference to the annexation issue, they feel the property on Civitania Road does not meet the 1/8th contiguity to existing city limits requirement that is required for annexation. Ms. Winters inquired about the annexation ad in the June 18th issue of the Smyrna Neighbor newspaper of two parcels and not the entire tract. Ms. Winters expressed her concerns about the property being fragmented and the requirement for a separate rezoning and annexation request for the remainder of the property and then asked that the council defer the decision tonight and again address the density, roads and annexation issues together. .. Councilman Wood stated that under Georgia law, in the event of annexation with rezoning, requires the municipality to rezone the property before the annexation. He further stated this is a proposal that we have asked our City Engineer, as far as the contiguous property, to do the math numbers on it and he has told us it meets the criteria. He further stated that the property owners do propose to annex additional property to make it approximately 20 acres in all and the rezoning application does cover both parcels of property. He stated that does not become effective until all the parcels have been advertised. He further stated if the council approves it, the city will validate a petition to annex about 10.09 acres and that will be heard at a public hearing in July. He stated it is to everyone's advantage to look at the total development, in one piece, rather than to rezone on two different occasions and that is the reason it is packaged that way. Mr. Wood stated as far as the annexation, the contiguousness of it, we believe based on input received from the City Engineer, that it meets the criteria. He further stated the city believes the process the city is going through is in accordance with the Georgia Annexation Law. He stated with respect to her question about density, this zoning request is essentially the same as R-15 and under R-15 you can have almost three units per acre and an acre is 43,560 square feet so that comes out to about 15,000 per lot and is essentially the same. He stated the density is 2.9 versus 3.0. Mr. Wood stated there would be some additional traffic, and the city is concerned about safety in that area and that is why the accel/decellane was requested. He further stated they asked the engineers to look at it but regardless of whether it is Mr. Barnett or someone else, the property will be developed at some point and there will be cars and that density is not unusual in Cobb County nor the City of Smyrna and this part of the County. Mr. Wood stated he has a letter from the Vinings Estates Homeowner's Association which says "I want to thank you on behalf of the homeowner's of Vinings Estates for working with us to address concerns relating to our proposed development off Cooper Lake Road. We appreciate your cooperation and willingness to ensure that this new development fits in well with the existing community and assures the safety of those that are here as well as those that will be joining us in the near future. We look forward to having new residents of this development join us as members of the Smyrna community. I have reviewed the site plan and notes for Spring Mountain as viewed on June 16, 1998, and believe it fully addresses all our concerns. In particular, I wish to thank you for agreeing to incorporate the following items...." Mr. Wood further stated the letter says "the number of homes with brick or stucco front elevation has been increased to 75 % and we would request this be particularly encouraged for homes facing Cooper Lake Road; all private driveways off of Civitania Road have been eliminated or replaced by a single entrance with 250 foot sight line off Civitania Road and this should ensure any safety concerns. Safety issues have been minimized, the minimum heated square footage will be 1800 square feet and although we have not discussed this issue I would request that every effort be made to properly secure the detention pond to ensure the safety of children in the area given its proximity to the park playground. Further, we would like to continue working with you to eliminate the railroad-crossing problem at Nickajack Road. Please contact me if you need any assistance." He stated the letter was signed by Keith Chamus, chairperson of the Vinings Estates Advisory Board. Mr. Wood stated just for information there is some RAD zoning in the Vinings Estates development and in fact the John Wieland Company came .... June 22, 1998, special called meeting - continued back within the last year and asked the city to reduce the size of some of the lots because the larger lots would not sell nearly as well as the smaller lots and the city allowed that. He stated the city has always been willing to work with builders and feels Mr. Barnett has been willing to meet with homeowners and groups and has made substantial changes in his original plans. Ms. Winters stated they were not requesting 2.9 units per acre, they were requesting 2.6 - 2.7 units per acre. She further stated they are requesting 12,000 square foot minimum per lot and she understands there is RAD zoning in the Vinings Estates but there are no 7,000 square foot lots in that development nor anywhere in that area. Ms. Winters stated they do appreciate what Mr. Barnett has done but don't feel it is enough to make this development compatible with their area. Ms. Winters questioned the rezoning of 20.4 acres when only a smaller portion of the property is being annexed this evening. Councilman Wood asked City Attorney Camp to respond to this issue. Mr. Camp responded it is legal for the city to annex the property in this fashion. Mr. Camp stated the city is anticipating the request for annexation of the additional property because the developer is anticipating purchasing the other property as well. .- Councilman Hawkins stated the Georgia Legislature changed the laws in regards to annexation several years ago and it states if anyone requests to annex into your city and there is going to be rezoning involved in the annexation, you are required by law to address the rezoning prior to annexation. Mr. Hawkins further stated in the past the annexation was done first and then the rezoning was a separate issue but the Georgia law has changed (about two years ago) and the State Legislature requires cities if there is a rezoning application it must be addressed first. Ms. Winters stated they are not disputing this, they are disputing the fact that this property has been divided into two parcels and only 8.5 acres are being requested for annexation at this time. Mr. Hawkins stated there is an application for the additional property on the agenda tonight and the law states if there is a pending application with rezoning, the city has to address the rezoning first. Councilman Lnenicka questioned City Attorney Chuck Camp about Item 4-A - annexation of the remaining property. He further stated the property in Item 3-A could be approved subject to a stipulation that the annexation in Item 4-A be completed so that there would be some assurance for these folks that the property would be done as a package and not separated and something else happen to it. Mr. Camp responded of course and the only problem they have with the method the city is using is that there are two different owners. He stated the city is dealing with one owner now and with another owner at another time. He stated they can be subject to the other. Mr. Lnenicka asked Mr. Barnett if he would agree to such a stipulation. Ms. Winters stated she thought the same person owned both properties. Mr. Camp stated the city is required to annex all the property a single owner has in an area and there are two owners and two tracts of property. Ms. Winters asked who the other owner is. Mr. Camp responded he does not have the titles in front of him and can not give her the exact names. Mr. Barnett stated there are two different owners of the property - Mrs. Long and the other property is in an estate of which Mrs. Long is a part. He further stated there are several owners of the second part as members of the estate. Ms. Winters stated they are concerned with the density and feels this density does not fit the integrity and character of their area. .- Mayor Bacon recognized Ms. Melinda Geers, 567 Cooper Lake Road, who stated her property is adjacent to the property on Cooper Lake Road. Ms. Geers stated the density for the 15 acres is too high. Ms. Geers stated they do keep referring to the density due to the fatalities that have occurred at that location since it is a dangerous curve. Ms. Geers asked if an ecological survey has been done for the park property and the lake as it already gets a bad runoff and she is concerned about what will happen to their community lake if this property is rezoned. Mr. Barnett responded they have not studied any lakes that are not on his property but have had the Corps of Engineers, Mr. Valente, review the wetlands including the lake and he is moderating the development on the project. Mr. Barnett stated until the entire hydrology design is on it, they will not look at it further but after that they will. Ms. Geers again stated she would like to see the density go down and if it does not meet the 1/8 contiguity on the whole property, because Margaret Baine does have her name on the entire 20 acres even though her brother and sister are shareholders, and asked that it be dropped if it does not meet the 1/8 contiguous requirement. .- Mayor Bacon recognized George Litchfield, 540 Cool Creek Trail, which is the second road on the left off of Civitania. Mr. Litchfield stated he was disappointed in the Planning Commission in relation to the traffic reduction in this area. Mr. Litchfield stated there are improvements of Cooper Lake where they are grading off trees that are in the right of way but with that many new lots, that many new cars in the area, Cooper Lake Road may be like the rest of the county June 22, 1998, special called meeting - continued where they have just jammed the traffic. He stated he would appreciate it if the Planning people would go back and look to see what they could do to Cooper Lake Road to make it much safer and more navigable. Mayor Bacon recognized the resident of 5245 Civitania Road who addressed the issue of the intersection where the lots will be coming out and the lack of safe sight distance and encouraged the entrance be moved to allow better sight distance. ... Mayor Bacon recognized Joyce Steel, 5149 Stoney Fork Court. Ms. Steel asked the Mayor and Council if any of their lots are 7,000 square feet or less. Ms. Capilouto responded hers is tht size. Ms. Steel stated she is also concerned about the traffic and the flow of the traffic into and out of the development. Mr. Barnett responded the D.O. T. has reviewed these issues and there are four-way intersections all over town. He further stated there are only eight lots with two different entrances and exits at this point. Councilman Wood stated one of the stipulations that will be on the property is that the developer will comply with the Cobb County O.O.T. requirements and the City of Smyrna's City Engineer. Mr. Barnett stated the real issue is mitigating traffic concerns on those lots and they have tried to do that by developing a private driveway along there rather than have eight separate driveways which could be designed. Councilman Cramer asked Mr. Barnett if he had considered locating the driveways on the rear of the property. Mr. Barnett responded that is a protected street and the area is too steep to allow for that. Mayor Bacon recognized Mr. Jackie Hayes, 5066 Fontaine Trail, who stated he is concerned about the entrance off Civitania Road and is very concerned about the water off from the property and the fact there are no ditches along Civitania Road and no pipes to handle the water. Mr. Hayes also stated he is curious about who would actually be the builder for this development. Mr. Hayes further stated Civitania Road is too narrow for the County to be willing to paint a white line down the center of it. Mr. Barnett stated the water run off issue is a hydrology issue and is faced on every project. He further stated the requirements they have to meet is that there not be any more run off after the hard surfaces have been developed on a piece of property than there was before. He stated this is done by very specific engineering guidelines that are established and that has to be met with detention ponds on the property. ... Mayor Bacon asked Mr. Barnett if there is any way ingress/egress could be off Cooper Lake Road rather than Civitania Road. Mr. Barnett responded for thirteen lots, the O.O.T. would prefer them coming off Civitania Road. He then stated the nine acres immediately below this property has access to Civitania Road. - Mayor Bacon recognized a citizen who asked the Mayor and Council if they have recently driven through this area. Councilman Lnenicka stated he drove through the area last evening. Councilman Wood stated he has recently driven through there. The citizen then asked if they thought the road was a dangerous, narrow road. Councilman Lnenicka stated in his ward there have been two developments that our City Engineer basically vetoed because he could not get comfortable with the sight distance at an intersection on a road and just flatly said he would not approve a curb cut on that road. He refused the curb cut because he was concerned about traffic safety. Mr. Lnenicka then stated he assured those citizens present tonight that the City Engineer takes all these kinds of things seriously. He stated the council could vote tonight to approve this plan or any other plan but if the City Engineer said this isn't going to work, the project would be "dead in the water" and the applicant would have to come back and file an amended plan that would make him comfortable. Mr. Lnenicka then stated on the ballot for the November general election will be a vote for the 1 % sales tax to extend the road program in Cobb County. He then stated control of the roads and having the money to fix them is very important to all of us and the City of Smyrna spends a lot of money, most of it through the 1 % road tax, to fix all the roads around town and in all parts of town. Mr. Lnenicka stated if the road tax is re-approved and the city and County have a source of revenue to continue to work on these types of things, this will provide an opportunity for the city and the County to work together to some or all of the things being talked about on Civitania Road. Perhaps the road could be widened, curbed and guttered, proper drainage ditches, sidewalk, etc., but the answer to all these things on roads throughout the city and County is if you don't have the money the answer would have to be "no." He encouraged those present to consider these things and come to the city and ask that they be put on the list for road improvements. The citizen stated that is in the future and this is being approved as is now. June 22, 1998, special called meeting - continued Mayor Bacon recognized Bob Houla, 5350 St. Martins Court, who stated he is not against development but is against development just for development's sake and calling it progress. Mayor Bacon asked Mr. Barnett who the builder for the property will be and he responded they are primarily a development company and have sold a number of their developments in the past to Ryland Homes and MDC Homes. He further stated he will not be developing this property probably in the next year or so due to all the road work that is being done out there and therefore they have not secured a builder that will be working on this. Mayor Bacon asked Mr. Barnett if there is anyway he could change the plan and come in off Cooper Lake Road on that Civitania Road portion and not cut in on Civitania Road. Mr. Barnett responded it could be done but with the level of traffic and the speed with which they are traveling, he was not sure that would be a safer situation. He stated he will be happy to look at that and do it if that is the council's direction. Councilman Wood asked Mr. Barnett if the D.O. T. and the Smyrna City Engineer recommend that and approve that, would he do it and Mr. Barnett responded he would. Mr. Wood then asked Mr. Barnett if he would follow what they recommend with respect to that issue and he responded yes. Mr. Wood indicated that will be one of the stipulations. Mr. Barnett stated as long as it will be determined on the basis of which is the safest situation he would be happy to abide by that. Councilwoman Capilouto asked Mr. Barnett if he' was familiar with Lake Forest, between Northside Drive and Roswell Road. Ms. Capilouto stated there is a similar entrance situation at a development in that area as what he is proposing. She further stated there is one driveway off Northside Drive into the home development that is greatly buffered with trees and shrubs. Ms. Capilouto stated she lived there a number of years and feIt very safe in that environment due to the fact that the only people who used that street were residents or guests. Ms. Capilouto then asked Mr. Barnett if Lot 47 will be part of that private road. Mr. Barnett stated there will be a little cross easement there in the setback and will come onto the common driveway and then go out to Cooper Lake Road. Mr. Barnett stated the common driveway is 22 feet wide and will be curbed and guttered and is more like a small street and is similar to some projects they have done that are private streets. Ms. Capilouto asked about the buffer area between Cooper Lake Road and this common driveway. Mr. Barnett responded at the largest area it is probably 40 feet and at the smallest area - probably 7 or 8 feet. - Councilman Newcomb asked what percentage of the water will be retained on site and asked if Mr. Barnett if he could retain better than 100 %. Mr. Barnett stated he was not qualified to answer that question. He further stated until the hydrology study is done he would not want to answer that. Mr. Newcomb asked Mr. Barnett if he could assure the city that there would be some further opportunity for these people to provide input and to meet again with him closer to the time he breaks ground and has the final plans on hydrology studies, etc., available. Mr. Barnett stated he would be happy to meet with anyone. Mr. Newcomb then addressed the issue of the 1/8 contiguous issue and stated he has to take it on faith that the City Engineer has stepped this off correctly. He then stated as far as the traffic situation is concerned, if there were more houses/lots involved he would have a problem with the place for the entrances but due to the small number of lots he does not. Councilman Newcomb stated the problem of density is a problem the city faces each time a developer comes to the city and he feels there is a legitimate concern in the way the density is calculated. Councilman Newcomb suggested he would like for there to be a method of calculating density in terms of the buildable area. - Councilman Wood thanked the citizens for their input. Councilman Wood made a motion to approve the request of Russell Barnett for the rezoning of approximately 20 acres at Cooper Lake Road and Civitania Road from R-20 to RAD Conditional with the following stipulations in the proposed zoning to RAD Conditional: 1. The number of lots - maximum 60. 2. Proposed density - 3.04. He stated this will be the specified density not to exceed. 3. Average lot size - 11 ,597 square feet. 4. All homes shall have enclosed two-car garage. 5. All homes fronting on Cooper Lake Drive and Civitania Road require a 40-foot front yard setback. Minimum frontage at the right of way is 20 foot on cul-de-sac. 6. The developer shall comply with the Cobb County D.O.T. requirements and the Smyrna City Engineer's requirements regarding road access and improvements and sight distance. 7. The subdivision will have a homeowners association which shall manage and maintain all common facilities within the project. 8. The minimum heated square footage will be 1800 square feet. -' June 22, 1998, special called meeting - continued -- 9. Detention location shown on plan as conceptual in nature may change in size and location with future hydrology studies. He stated this will be subject to approval by the City Engineer of Smyrna and Department of Community Development. 10. Any disturbance of jurisdictional wetlands shall require proper Corps of Engineers approval. 11. Erosion control shall be provided on the project in accordance with the City of Smyrna standard. 12. The 25-foot stream buffer shall be provided on all flowing streams deemed to be State waters. 13. All utilities shall be underground. 14. All front and side yards shall be sodded by the builder. 15. Residential street standards shall be met by the applicant and shall meet all applicable regulations of the City of Smyrna Fire Department. 16. The entry monument signs will be stone or masonry and landscaped. 17. *The street light poles within the subdivision shall be decorative. 18. *Mr. Barnett be the designated developer of this property and subject to this motion and that prior to the beginning of the development he will make every reasonable effort to conduct meetings of the homeowners in the affected area and get their input. Councilman Wood stated the motion will be subject to the annexation of the property (approximately 10.09 acres) at Cooper Lake Road and Civitania Road that is subject to an application now pending by Margaret R. Long. *Councilman Wood stated he would also like to add as a stipulation that the street lights within the subdivision be decorative. *Councilman Newcomb asked Mr. Wood to add a stipulation that Mr. Barnett be the developer and that he will have one more meeting with these folks to get their input. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Land Use Change - Cooper Lake Road (20.4 Acres) From Low Density Residential to Medium Density Residential ... Mr. Smith stated this issue will make the rezoning comply with the land use plan. Councilman Wood made a motion that the land use change for the property at Cooper Lake Road (20.4 acres) be changed from Low Density Residential to Medium Density Residential. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to make any comments concerning this issue. One citizen stated he felt the citizens were not heard on certain issues this evening, such as the road changing - the entrance from Civitania to Cooper Lake, and did not feel anything was mentioned about it. Councilman Wood stated that is a stipulation in the motion. Councilman Cramer seconded the motion. Motion was approved 7- O. (C) Annexation of Property - Cooper Lake Road at Civitania Road, Land Lot 329, 17th District, 2nd Section, Cobb County, Georgia Mr. Smith stated this annexation is related to the rezoning and land use change the city just discussed and all legal requirements have been met calling for a public hearing this evening. Mr. Smith stated the applicant for this annexation is Margaret B. Long. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to address this issue. .. Mayor Bacon recognized Ms. Winters. Ms. Winters stated they all live in the area and have stated their concerns about the annexation and the appropriateness of the annexation as it is proposed tonight. Ms. Winters stated she does not feel the council has taken their concerns into consideration and feels the council has decided beforehand what you were going to do and did not listen to the public and they do not appreciate it. She again stated they live in that area and do not mind the annexation but don't think this is being done the right way. She further stated she did not feel the council accorded them the respect and courtesy in terms of what their requests were as they have tried to be reasonable and the manner in which they have presented requests, how they wanted to request a compromise, both on the annexation and on the development. She stated she does not feel the city reciprocated and that was very disappointing. Councilman Wood made a motion the annexation of the property in Land Lot 329 located at Civitania Road and Cooper Lake Road be annexed to become a part of Ward 7 effective July 1, 1998. Councilman Hawkins seconded the motion. Motion was approved 7-0. June 22, 1998, special called meeting - continued FORMAL BUSINESS: (A) Validate Petition to Annex Property - Cooper Lake Road at Civitania Road (10.09 Acres) Land Lots 329 and 330, 17th District, 2nd Section, Cobb County, Georgia Mr. Smith stated the city has participated in the rezoning of this property this evening. He stated this is the second phase of the proposed development by Russell Barnett, containing a total of 10.09 acres. He further stated the city has been requested to validate the petition and set a public hearing date for July 6, 1998. The legal description is as follows: Property Line Description Cooper Lake Road Tracts Tract lA All that tract or parcel of land lying and being in Land Lot 329 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: - Beginning at the northwest corner of Land Lot 329, said corner being the common corner to Land Lot 319, 320, 329, and 330; thence South 01 degrees 55 minutes 55 seconds West, 608.25 feet to a point on the northerly right of way of Cooper Lake Road (50' R/W); thence South 01 degrees 52 minutes 39 seconds West, 50.28 feet to a point on the southerly right of way of Cooper Lake Road (50' R/W); said point being the POINT OF BEGINNING; Thence along southerly right of way with a curve to the left, an arc distance of 294.44 feet, said curve having a radius of 664.01 feet and being subtended by a chord of 292.03 feet, at North 84 degrees 59 minutes 57 seconds East, to a point; thence North 72 degrees 17 minutes 46 seconds East, 40.81 feet to a point; thence along a curve to the left, an arc distance of 170.83 feet, said curve having a radius of 1001.43 feet and being subtended by a chord of 170.62 feet, at North 67 degrees 24 minutes 33 seconds East, to a point on the westerly right of way of Civitania Road (40' R/W); thence South 28 degrees 33 minutes 33 seconds West, 596.76 feet to a point thence South 29 degrees 45 minutes 00 seconds West, 306.71 feet to a point on the south line of Land Lot 329; thence leaving said right of way and along the south line of Land Lot 329 North 89 degrees 39 minutes 56 seconds West, 73.06 feet to a point, said point being the southwest corner of Land Lot 329; thence along the west line of Land Lot 329 North 01 degrees 56 minutes 11 seconds East, 686.99 feet to a point on said southerly right of way; said point being the POINT OF BEGINNING; - Said tract or parcel of land contains 4.23 acres. Property Line Description Cooper Lake Road Tracts Tract 1B All that tract or parcel of land lying and being in Land Lot 329 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the northwest corner of Land Lot 329, said corner being the common corner to Land Lot 319,320,329 and 330; thence South 89 degrees 48 minutes 45 seconds East, 353.17 feet to a point; said point being the POINT OF BEGINNING; Thence along the north line of Land Lot 329 South 89 degrees 48 minutes 45 seconds East, 437.70 feet to a point; thence South 56 degrees 34 minutes 36 seconds West, 102.95 feet to a point; thence South 51 degrees 18 minutes 26 seconds East, 216.98 feet to a point on the northerly right of way of Cooper Lake Road (50' R/W); thence along a curve to the right, an arc distance of 89.74 feet, said curve having a radius of 679.81 feet and being subtended by a chord of 89.67 feet, at South 49 degrees 21 minutes 54 seconds West, to a point; thence South 53 degrees 08 minutes 47 seconds West, 290.55 feet to a point; thence along a curve to the right, an arc distance of 273.63 feet, said curve having a radius of 951.43 feet and being subtended by a chord of 272.69 feet, at South 61 degrees 23 minutes 08 seconds West, to a point; thence North 01 degrees 55 minutes 55 seconds East, 557.35 feet to a point on the north line of Land Lot 329; said point being the POINT OF BEGINNING; - Said tract or parcel of land contains 4.35 acres. Councilman Wood made a motion to validate the petition for annexation of 10.09 acres on Cooper Lake Road at Civitania Road be validated and a public hearing date be set for July 6, 1998. Motion was seconded by Councilman Cramer. Motion was approved 7-0. June 22, 1998, special called meeting - continued COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid Award (Bid #98042) - Image Scanning for Storage - Police Department '- Councilman Newcomb stated three bids were received from six vendors that were contacted regarding this imaging system. He further stated David Monroe, Manager of Information Systems, recommends Shannon Data Systems was the only vendor that met the specifications even though they were not the low bidder. Councilman Newcomb made a motion the bid for the imaging retrieval system for the Police Department be awarded to Shannon Data Systems for a total delivered price of $32,390. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Bid Award (Bid #98037) - Kidscape Parking Lot Councilman Hawkins stated there were three bids received and the Public Works Committee reviewed the bids and recommends the bid be awarded to Butch Thompson Enterprises. Councilman Hawkins made a motion the bid be awarded to Butch Thompson Enterprises, the low bidder meeting specifications, for a total price of $20,000. Councilman Scoggins seconded the motion. Motion was approved 7-0. (C) Bid Award (Bid #98038) - Kidscape Curb and Gutter Councilman Hawkins stated the Public Works Committee reviewed the two bids that were received and recommends the bid be awarded to Butch Thompson Enterprises. Councilman Hawkins made a motion the bid be awarded to Butch Thompson Enterprises, the low bidder meeting specifications, for a total price of $10,400. Councilman Hawkins stated Braswell Concrete did submit a bid but it was not in the form that was requested and they were unable to determine if his price was cheaper. Councilman Scoggins seconded the motion. Motion was approved 7-0. --- CONSENT AGENDA: (A) Renewal of General Liability, Law Enforcement, Property, Automobile and Public Officials' Policies (B) Approval of June 15, 1998, Minutes (C) Approval to Request Bids - Computer Backbone (Wiring) (D) Request for Contingency Account Funds to Purchase Chairs for Community Center - $9,500 (E) Request for Contingency Funds to Purchase Asphalt, Material, Fencing and Related Labor for Campbell Middle School Parking Lot Entrance on Howell Drive - $2,200 (F) Approval of Sanitary Sewer Easements - West Cooper Lake Outfall Sewer Main Councilman Cramer made a motion that the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Lnenicka wished his wife a Happy 13th Wedding Anniversary. .. Mayor Bacon stated he would like to note for the record that there was a statement made in the audience this evening that the council had already made up their mind on an issue before the meeting. He further stated that was absolutely not true and this council has been very open minded and have one of the most open governments of any body in Cobb County, possibly even the State, to allow folks that do not even live in the City talk for over an hour and twenty minutes. He stated he feels the elected body was very patient and very respectful to those folks and he was sorry that they did not get their way. ADJOURNMENT With no further business, the meeting adjourned at 8:38 p.m. June 22, 1998, special called meeting - continued ~~ < 19A?J<~ ME IN A DAME ON, CITY CLERK A. MAX BACON , MAYOR i\\ '\ {'\, j.", l~-'"( \ ~ CH~~iE~~' ~iPIL~U~~f~ ~~~ ~l!L\j RON NE~~OM~~~ ARD 2 .... ~~w~ CHARLES PETE WOOD, WARD 7 ~ .... ...