December 5, 1994 Council Meeting
December 5, 1994
The regular scheduled meeting of Mayor and Council was held December 5, 1994, at Smyrna City Hall.
The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All
council members were present. Also present was City Administrator Bob Thomson, City Clerk Melinda
Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Jim Triplett,
Public Works Director Larry Dunn, Assistant Public Works Director Ray Curtis, Police Chief Stan Hook,
Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, Community Relations
Director Kathie Barton, Clean and Beautiful Coordinator Ann Kirk, Human Resources Director Mary
Ann White, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of
the press.
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Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag.
CITIZENS INPUT:
Mayor Bacon recognized Gordon Mortin, Bank South Security, who presented a brief report on the bond
rating trip held with Moody's Investor's Service, Standard and Poore's Corporation. Mr. Mortin
reported the City had received an A-I rating from Moody's for the bond, and Standard and Poore's
assigned a bond rating of A+ rating for the bond.
Mayor Bacon asked Councilman Wade Lnenicka to read a proclamation declaring the month of December
as "National Drunk and Drugged Driving (3D) Prevention Month 1994". Lt. Mike Brown and Officer
Joe Tyson accepted the proclamation on behalf of the Police Department DUI Task Force Unit Lt.
Brown urged all citizens to use designated drivers during this holiday season.
Mayor Bacon asked Mary Ann White to come forward and make a special presentation. Ms. White
presented Chief Hook and members of the Police Department with a plaque recognizing them as "Team
of the Month" for their recent efforts in developing a new interview process for prospective new hires.
The members of the Police Department who were recognized as Captain Bill Hayes, Lt. Curtis Cook,
Officer Cleveland McDuffie, Detective George Folds, and Officer Bill Peace. Ms. White expressed her
appreciation to them for their efforts and commended them for the excellent job they performed.
_ Mayor Bacon recognized Steve Ciaccio, Director of Parks and Recreation, who expressed his appreciation
to the employees who had worked to make the Christmas tree lighting ceremony the successful event it
was. The employees recognized were David Duffer, Maintenance; Tony Bailey, Maintenance Facilities
Division, Ken Kelmer, Park Ranger and Parks Superintendent Doug Cook.
Mayor Bacon recognized the candidates for the 32nd District Senatorial special election to be held
December 13, 1994 -- Charlie Tanksley, David Bowers, Frank Bradford and Bette Goggans.
Mayor Bacon asked if there was anyone in the audience who wanted to comment during the Citizens
Input portion and Mr. Paul Barrett, Commander of Smryna VFW Post 10799, came forward.
Mr. Barrett stated he was here tonight to present grievances pertaining to the handling of property
currently owned by the VFW. Mr. Barrett read his list of grievances and presented them to the City.
Mayor Bacon asked Mr. Barrett if he was representing himself or the VFW and Mr. Barrett responded
he was representing Smyrna VFW Post 10799. Mayor Bacon then informed Mr. Barrett the Council
would not be addressing the grievances in the open meeting and indicated the VFW attorney and the City
Attorney should schedule a meeting and indicated the city attorney would be happy to meet with Mr.
Barrett and his attorney.
PUBLIC HEARINGS:
(A) Rezoning Request - 1921 Cooper Lake Drive - From RMC-8 and 01 to RAD Conditional
... Mr. Thomson stated Mr. Tommy Eubanks has requested rezoning to develop 39.77 acres into a 101-10t
subdivision. Mr. Thomson stated this is the other part of Mr. Daniel's property which was annexed into
the city several years ago. The property is located southeast of Vinings Glen I and fronts on Cooper
Lake Drive.
Mayor Bacon asked if Mr. Eubanks was present and also if there was anyone present in opposition to the
granting of, the rezoning request. Ms. Beth Stowe and Mr. Charles Perkins came forward and were
sworn in by the City Attorney.
Mr. Lnenicka recognized Mr. Eubanks and asked him to describe what he is planning to do on the site
December 5, 1994, meeting - continued
and explain why he is asking for the rezoning. Mr. Eubanks indicated this is the additional land of the
Roy Daniels property on the south side of Vinings Glen, developed on Ridge Road. Mr. Eubanks
indicated his firm had contracted with Mr. Daniels to purchase the property and is asking the Council
to rezone the property from RMC-8 and 01 down to RAD Conditional of a single-family home
subdivision. Mr. Eubanks further indicated this would be comparable to the subdivision developed in
Vinings Glen. Mr. Eubanks stated all utilities would be underground, street lights with fiberglass poles,
an amenity package at the rear of the property with an AL T A tennis court, swimming pool and
pavilion/bath house. He further stated the entrance would be off Cooper Lake Drive and would be very
nice and indicated the price range would be $250,000 and upwards. He indicated they would break
ground within 60-90 days to begin development of the subdivision.
....
Mr. Lnenicka asked Mr. Eubanks the approximate size of the houses and architectural style. Mr.
Eubanks stated the zoning request is for 1800 square feet but he indicated most of the homes would be
in excess of that -- closer to 2200 - 2500 square foot homes -- and would be stucco and brick, European
traditional two-story homes and one and a half story homes that are comparable to what is in Vinings
Glen. Mr. Lnenicka asked Mr. Eubanks if he planned to build the homes or work with a group of
developers. Mr. Eubanks responded their intentions are to be very similar to what was done in Vinings
Glen and they are the developers, will do their own marketing and would utilize builders they have
worked with in the past will work with them on this project. He also indicated they would be in charge
of the Architectural Control Guidelines (ACC) and the homeowners association and see that they follow
the restrictive covenants.
Mr. Hawkins asked what the average lot size would be and Mr. Eubanks responded the average lot size
would be about 13,700 and would be slightly smaller than the lots in Vinings Glen.
Mr. Lnenicka asked how many lots would be in the development and Mr. Eubanks responded there are
lO2 lots and is an increase of one lot -- from lOl to 102. Mr. Lnenicka asked if the only access into the
subdivision would be from Cooper Lake Drive. Mr. Eubanks responded the only access would be off
of Cooper Lake Drive and would be a self-contained subdivision. Mr. Eubanks indicated the recreation
area would be in conformance with the plat submitted and Mr. Eubanks responded that was correct. Mr.
Lnenicka asked if Mr. Eubanks planned to install a landscape buffer on the northwest side of the
recreation area where the property abuts Vinings Glen to screen it, and Mr. Eubanks responded that was
correct. Mr. Lnenicka asked if lights would be installed on the tennis courts and Mr. Eubanks responded
the developers would not install lights. Mr. Eubanks indicated the restrictive covenants would be
basically the same as the ones in Vinings Glen and updated for local law changes or state law changes
and for that specific property. Mr. Lnenicka asked Mr. Eubanks if he had any objections to a stipulation
that would require a cloth or fabric wind and noise screen on the west side of the tennis courts (the side
closest to th{~ homes in Vinings Glen) and Mr. Eubanks indicated that would be no problem. Mr.
Lnenicka asked if the covenants could be modified to indicate the homeowners would be responsible for
maintaining those screens.
.....
Mr. Newcomb asked Mr. Lnenicka to explain what the land would be used for if the rezoning was not
granted. Mr. Lnenicka explained the land could be used for condominiums/apartments at a density of
eight units/acre and these would be 2.5 units/acre and the other portion of the land is zoned 0&1 and
could be used for office buildings or other commercial uses.
Mr. Wood asked Mr. Eubanks if there was existing water and sewer service from the City in that area
and Mr. Eubanks responded there was.
Ms. Beth Stowe, 4020 Pine ridge Road, came forward and expressed her concerns about the increased
traffic that would result from the development of this property. A<; Ms. Stowe's property is not located
in the city, Mr. Lnenicka asked Chief Hook to contact the appropriate county officials who could offer
assistance to those homeowners to possibly relieve some of the traffic concerns expressed by Ms. Stowe.
....,
Mayor Bacon then recognized Charles Perkins who expressed a concern over the number of homes
proposed in the development. He further indicated he understood there would be ninety-two homes, not
102 in the development. Mr. Eubanks indicated the plans had been changed but the increase in the
number of lots was from 101 to 102.
Councilman Lnenicka made a motion the rezoning request at 1921 Cooper Lake Drive from RMC-8 and
0.1. to RAD Conditional be approved with the following fourteen stipulations:
December S, 1994, meeting - continued
ZONING STIPULATIONS
Recreation area to be located and built generally according to the plat.
Landscape buffer to be installed on NW side of recreation area where it abuts Lot 17 in
Vinings Glen Phase I to screen the recreation area from view as much as possible.
Developer will not install lights on tennis courts.
Restrictive covenants will be very similar in substance to those for Vinings Glen Phases
I - V, updated as necessary by law or to conform to this specific site.
Developer will install cloth or fabric wind/noise screen on west side of tennis courts,
towards Lot 17 in Vinings Glen Phase I. Restrictive covenants will be modified to
require Homeowners Association to maintain these screens.
Developer will control drainage and run off and siltation as per all federal, state, county
and city laws and ordinances, especially not to allow silt to contaminate nearby creeks
and lakes.
7. Developer will install at his expense acceleration/deceleration lanes at subdivision
entrance in accordance with requirements of City Engineer.
~. Developer will install sidewalk on all property frontage on Cooper Lake Drive as per
county codes, i.e., a minimum of 4' wide and set back 2' from curb where possible.
9. City shall get comments from the neighborhood Architectural Control Committee prior
to issuing Certificates of Occupancy.
10. No debris to be buried on any lot that will be underneath the driveway or home or street.
All such buried debris must be biodegradable.
11. Street lights will be installed by the developer in the subdivision using fiberglass poles
subject to the City Engineer's approval. They shall be comparable to what was installed
in Vinings Glen.
12. All utilities to be underground.
13. All houses in the subdivision will have a minimum of 1800 sq. ft. of heated and cooled
floor space as defined in the restrictive covenants.
14. All homes will have an attached two-car garage and the garage area shall in no case be
used to calculate minimum 1100r space.
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Councilman Patrick seconded the motion. Motion was approved 7-0.
(B) Rezoning Request - Cooper Lake Road - From R-1S to RAD Conditional
Mr. Thomson stated John Wieland Homes is requesting to rezone 23.16 acres of the 41S acres that was
previously rezoned to R-1S. He further indicated this tract is interior acreage and will be surrounded by
his other R-lS acreage.
Mayor Bacon asked if there was anyone present in opposition to the granting of this rezoning request.
There was none.
Mr. Wood asked Mr. Wieland and Mr. John Gillespie to come forward. Mr. Gillespie, vice president
of John Wieland Homes, stated this request is a modification of a small pod of Vinings Estate subdivision
and in the 23 acre pod, they are proposing forty-seven lots with a density of two lots per acre. He
further indicated the density in R-lS, which is the existing zoning, is generally two lots per acre. He
further indicated the forty-seven lots range from 70' x ISO' to 70' x 300' and the area of the lots is
11,000 square feet to SO,OOO square feet with an average area of approximately 19,000 square feet. The
plan was designed to fit the topography and they are requesting 70' fronts, 20' front yard setbacks, IS'
between buildings, 1800 square feet although the homes will be larger than that and it is in a low-density
category of the land use plan and the price range will begin at $170,000 and will be similar to the Paces
Green subdivision that is currently under construction. He further indicated his company will build all
the homes and the homeowners will belong to a mandatory homeowners association and will use the
... existing recreation facilities.
Councilman Wood made a motion that the rezoning request for 23.16 acres Cooper Lake Road from R-lS
to RAD Conditional be approved. Mr. Wood further stated the lot development standards will be
minimum of 11,000 square feet for the lot and lot width at the building line will be 70'; front yard
setback 20'; side yard setback 7.S' with a minimum of IS feet between buildings; rear yard setback 2S';
street frontage at right of way 40', 2S' on cuI de sacs; minimum heated space of the homes will be 1800
square feet. Councilman Scoggins seconded the motion. Motion was approved 7-0.
December 5, 1994, meeting - continued
(C) Variance Request - 317 Highview Drive to Reduce the Side Yard Setback from 10 Feet
to 5 Feet
Mr. Thomson stated Mr. James Speer is replacing an old metal storage building, with a new wooden
storage shed on the existing cement slab.
Mayor Bacon asked Mr. Speer to come forward and asked if there was anyone present in opposition to
the granting of the variance request. Mayor Bacon asked the gentleman who was in opposition to the
variance request to come forward and be sworn in.
....,
Mr. Wood stated Mr. Speer is requesting this variance to reduce the side yard setback from 10 feet to
5 feet in order to build a new wooden building that replaces an old metal storage building that will be
built on the existing slab. Mr. Wood then asked Mr. Speer if it was correct that he was building a new
and improved structure and Mr. Speer responded that was correct.
Mr. Hawkins asked Mr. Speer how long the concrete slab had been there and Mr. Speer responded
almost 23 years. Mr. Speer stated the metal building had just rusted away and needed to be replaced.
Mayor Bacon recognized Mr. Jay Gray, 4125 Manson Avenue, and stated he objected to the building of
this replacement storage shed. He further stated he has a general objection to outbuildings and feel they
degrade the neighborhood. He then asked that the council not approve this variance request.
Mr. Wood responded the city is always concerned about second buildings and set back requests but feels
Mr. Speer is replacing the old structure with a much improved building and most of Mr. Speer's
neighbors have no objection to the granting of this variance request.
Mr. Wood made a motion that the variance request at 317 Highview Drive to reduce the side yard
setback from 10 feet to 5 feet be approved. Councilman Cramer seconded the motion. Motion was
approved 7-0,.
(D) Variance Request - 2122 Kennesaw Way - To Build an Oversized Accessory Structure
....,
Councilman Cramer stated the applicant requested this item be tabled until the next meeting of council.
Mayor Bacon asked if there was anyone present in objection to this variance request. There was none.
Councilman Cramer made a motion to table the variance request until the December 19, 1994, meeting.
The motion was seconded by Councilman Wood. Motion was approved 7-0.
(E) Ordinance Amendment - Business License Tax Ordinance
Mr. Thomson stated this is the business license tax ordinance that was read at the November 21, 1994,
meeting of council.
Mr. Wood stated the proposed ordinance amendment was read at the last meeting of council and a public
hearing was set for tonight. Mr. Wood stated the ordinance is in response to the passage of House Bill
362 and under the new law, the options for calculating business license fees is limited to three methods;
Number of employees; Profitability ratio; Combination of gross receipts and profitability ratios. Mr.
Wood then stated the fairest and most equitable method of billing these fees is the combination of gross
receipts combined with profitability ratios. Mr. Wood reviewed the ordinance and stated the ordinance
(in full text) will be on file in the City Clerk's office and in the Business License Tax Officer's office for
anyone's review during normal business hours.
Mr. Wood made a motion the Business License Tax Ordinance amendment be approved. Mayor Bacon
stated this is a public hearing and asked if anyone was present in opposition to the approval of this
ordinance amendment.
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Mayor Bacon recognized Mr. Johnny Potter. Mr. Potter stated he was under the impression the revenue
neutral aspect would be the objective of this ordinance and stated under this method of billing, his
mortgage business will be faced with an approximate 3 ()(VY,. increase in fees. Mr. Potter stated he was
not in favor of the adoption of this ordinance amendment and wanted to go on record as being in
opposition to this ordinance.
Most of the councilmen expressed their disapproval of the passage of House Bill 362 and stated this is
a state mandated ordinance.
December 5, 1994, meeting - continued
Mayor Bacon stated he would like to see the legislature correct the mistake they made last year and allow
the city to handle the business of local governments.
Mr. Wood's motion to approve the business license tax ordinance was seconded by Councilman Cramer.
Motion was approved 7-0.
(F) Alcoholic Beverage License (Transfer) - Retail Package - Beer and Wine - 3501 Concord
Road - Lucky Food Store
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Mr. Thomson stated Lucky Enterprise, Inc., d/b/a Lucky Food Store has submitted an application for
retail package sale of beer and wine. He further stated Ms. Patricia A. Denney will be the agent for this
establishment as well as manager for the business. He also indicated Ms. Denney has been provided with
a copy of the alcoholic beverage license ordinance and the Police Department investigation revealed
nothing that would preclude the issuance of this license.
Mayor Bacon recognized Ms. Denney asked if there was anyone present in opposition to the granting of
this license request (transfer). There was none.
Coun.~ilman Wood asked Ms. Denney if she had served as an agent before and Ms. Denney responded
no. Mr. Wood then asked Ms. Denney if she was aware of the responsibilities of being an agent in
regards to the selling of alcoholic beverages and complying with the law relative to those sales. Ms.
Denney responded she was aware of the responsibilities. He then asked if she had obtained information
from the city regarding the requirements for selling to minors, etc., and Ms. Denney responded yes. Mr.
Wood then stated the city does conduct sting operations and feels very strongly about the selling of
alcohol to minors. Mr. Wood asked if this was the former Sing Food Store location on Concord Road
and Ms. Denney responded that was correct and the correct address should be 568 Concord Road.
Councilman Wood made a motion the alcoholic beverage license (transfer) of retail package, beer and
wine. at 568 Concord Road - Lucky Food Store - be approved. Motion was seconded by Councilman
Cramer. Motion was approved 7-0.
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(G)
Alcoholic Beverage License - Retail Package - Beer and Wine - 2711 South Cobb Drive -
Cobb Center Amoco
Mr. Thomson stated Al Madinah Petroleum, Inc., d/b/a Cobb Center Amoco has submitted an application
for retail package of beer and wine. He further indicated Ms. Annie Virginia Duvall will be the agent
for this establishment and is also a manager for the business. He further stated the Police Department
investigation revealed nothing that would preclude the issuance of this license to Ms. Duvall.
Mayor Bacon recognized Ms. Duvall and asked if anyone was present in opposition to the granting of
this alcoholic beverage license request. There was none.
Councilman Cramer asked Ms. Duvall how long she has been employed by the previous owner of this
establishment and Ms. Duvall responded about four years.
Councilman Cramer made a motion the alcoholic beverage license - retail package beer and wine at 2711
South Cobb Drive - Cobb Center Amoco be approved. Motion was seconded by Councilman Lnenicka.
Motion was approved 7-0.
FORMAL BUSINESS:
Councilman Cramer made a motion to suspend the rules for the purpose of accepting an annexation
request. Motion to suspend the rules was seconded by Councilman Newcomb. Motion was approved
-... 7-0.
Councilman Cramer made a motion to validate the petition for annexation for all that certain property
situated and being in Land Lot 446 of the 17th District and 2nd section of Cobb County, Georgia, being
Parcel 9, and more particularly described as follows:
BEGINNING at the common intersection of Land Lots 446, 447, 490 and 491; thence
northerly along the common lot line of Land Lots 446 and 491 a distance of 663 feet
more or less to a point, said point being the POINT OF BEGINNING; thence westerly
a distance of 511 feet to a point on the eastern right of way of Belmont Circle; thence
December 5, 1994, meeting - continued
northerly along said right of way of Belmont Circle a distance of 228 feet to a point;
thence easterly a distance of 211 feet more or less to a point; thence northerly a distance
of 12 feet more or less to a point; thence easterly a distance of 300 feet to a point on the
common lot line of Land Lots 446 and 491; thence southerly along the common lot line
of Land Lots 446 and 491 a distance of 240 feet to the POINT OF BEGINNING.
Councilman Cramer set the public hearing for December 29, 1994. Councilman Newcomb seconded the
motion. Motion to validate the petition to annex the above described property was approved 7-0.
....,
COMMERCIAL BUILDING PERMITS:
(A) Building Permit - Krystal Restaurant - 5140 South Cobb Drive
Mr. Wood stated U.S. General requests a permit to build a Krystal Restaurant at an estimated cost of
$360,000 at 5140 South Cobb Drive, next to Church's Chicken Restaurant just south of Highlands
Parkway. Councilman Lnenicka seconded the motion. Motion was approved 7-0.
BID AWARDS:
(A) Vehicles for Parks and Recreation Department
Councilman Cramer made a motion to approve the purchase of the truck and car for the Parks and
Recreation Department from Southlake Ford. Councilman Scoggins seconded the motion. Motion was
approved 7-0.
CONSENT AGENDA:
(A)
(B)
(C)
(D)
(E)
Approval of November 21, 1994, Minutes
Approval to Use Council Chambers - December 12, 1994, - Ward 2 Meeting
Approval to Re-bid Concession Buildings for Cobb and Jonquil Parks
Budget Amendments (3)
Resolution - Condemnation of Concord Road Right-Of-Way
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Councilman Scoggins made a motion the consent agenda be approved. Councilman Cramer seconded the
motion. Motion was approved 7-0.
COMMITTEE REPORTS:
Councilman Patrick asked Laurel Best for a report on the Library. Ms. Best reported there is a story
time program scheduled for Tuesday night at 7:00 p.m.
Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms.
White read two job announcements - Part-time library clerk (9 hours/week); and Part-time Community
Center Supervisor (15-20 hours/week).
Councilman Newcomb announced he will be holding a meeting at 6:30 p.m. on December 12, 1994, to
discuss the Poplar Creek situation.
Councilman Scoggins indicated there were no reports from Public Works or Community Relations. He
then called on Ann Kirk for a report on Smyrna Clean and Beautiful. Ms. Kirk reported they have just
completed the 10th Annual Photometric Index and announced the city is 52(fr, cleaner than it was in 1984.
Councilman Scoggins asked Nancy Hancock for a report on the Smyrna Cemetery Commission. Ms.
Hancock reported the flower beds have been completed along the front wall, south end and back wall of
the Smyrna Memorial Cemetery. She also reported twenty-five bricks have been sold thus far and urged
anyone who is interested in purchasing a brick to contact her.
....,
Councilman Wood stated Mr. Triplett, Finance Director does not have a report this evening. He further
stated Mr. Triplett will be leaving the city December 9th to accept the position of Finance Director for
the City of Carrollton. Mr. Wood commended Mr. Triplett for the fine job he has done as Smyrna's
Finance Director and wished him well in his new position.
December 5, 1994, meeting - continued
Mayor Bacon reminded everyone to vote on December 13, 1994, and recognized Frank Bradford, one
of the candidates for the 32nd Senatorial seat.
With no further business, the meeting adjourned at 9: 17 p.m.
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A. MAX BACON , MAYOR
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Q9HN PATRICK, WARD 1
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MELINDA DAME ON. CITY CLERK
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RON NEWCOMB, WARD 2
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JAMES M. HAWKINS, WARD 4
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WADE S. LN NICKA, WARD 6