07-07-1997 Regular MeetingThe 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 was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E.
Camp and representatives of the press.
Invocation was given by Councilman Hawkins, followed by the pledge to the flag.
Mayor Bacon recognized Ms. Sue Verner, 3342 Creatwood Trail. Ms. Verner asked about the status of the
drainage study being conducted by Welker and Associates pertaining to the Creatwood Forest Subdivision.
Councilman Lnenicka responded there was a meeting of the homeowners of Creatwood Forest Subdivision
and staff members of the City of Smyrna on June 10 and the City of Smyrna contracted with Welker and
Associates shortly thereafter to conduct a study of the entire drainage basin, review the calculations that
Wieland used in terms of the hydrology, drainage and retention on his site as well as to go back and review
the Atlanta Road widening and what they did to detain and control the storm water off Atlanta Road. Mr.
Lnenicka further stated work was begun on June 13 and as of today Welker and Associates are still working
on the study. He stated Welker and Associates is spending a good deal of time on the Atlanta Road area to
verify that calculations and information that were used were accurate. Mr. Lnenicka further stated a
representative from the Georgia Soil and Conservation Commission met on Friday, June 27, with Suzie
Wallace, Ken Hildebrandt, City Engineer, and Robin Broyles, Chief Building Official. Mr. Lnenicka stated
the Welker study is still underway and the city has not tried to push them or press them for an arbitrary
conclusion nor set a deadline. Ms. Verner stated they were hoping for an answer to the study within the next
two weeks. Mr. Smith stated what Welker and Associates were doing initially was to go back and review the
City Engineer's analysis and review the analysis of the engineers that were hired by Wieland to check and see
if what was done was an appropriate solution for storm drainage on that property. He further stated if it was
not acceptable, or there are some alternatives that might do the same thing but accommodate people better and
could be done as cost effectively for the developer, who must bear the cost of any changes at this point, and
are acceptable by all standards is also a part of the first phase of the study and is what is being done at this
time. He stated the second part of the study, the longer term study, is something the city has asked Welker
and Associates to give the city a proposal on and the city has not yet seen that proposal. Ms. Verner asked
if a deadline of two weeks could be placed on the study and Mr. Lnenicka stated a deadline could be placed
on the study, however, what was said at the June 10 meeting and the consensus was that they want a full study,
a detailed in-depth analysis. Mr. Lnenicka stated he was uncomfortable as a non -civil engineer imposing his
time frames on that process. He stated the City Engineer is calling Welker and Associates weekly to check
on the status. Mr. Smith asked Ms. Verner to contact his office tomorrow and he would contact Welker and
Associates and ask them when the city might expect the study results of the review of the city engineer's work
and the civil engineers who performed the work for John Wieland.
(A) Amendment of City of Smyrna Architectural Design Guidelines
Mr. Smith stated this is the second reading of this proposed amendment to the Smyrna Architectural Design
Guidelines affecting the downtown area. Mr. Smith stated the amendments are being proposed to clarify
language in the guidelines to make the language more specific and indicated whereas words like "should be"
and "preferred" will be removed and replaced with "shall" and other appropriate wording. Mayor Bacon stated
this is a public hearing and asked if anyone was present who would like to comment on the proposed
amendment. There was none.
Councilman Scoggins stated this is the second reading of this amendment and it has been advertised and
reviewed by the city's legal staff. Mr. Smith highlighted several areas of the proposed amendment which is
on file in the office of the City Clerk. Mr. Scoggins made a motion that the proposed amendment to the City
of Smyrna Architectural Design Guidelines be approved. Councilman Newcomb seconded the motion.
Motion was approved 7-0.
(B) Variance Request - 2958 Lexington Trace - Reduce the Rear Yard Setback from 25 Feet to
10 Feet
Mr. Smith stated the applicant, Melziner Stover, wishes to build a sun room and a wood deck onto the rear
of the house and the addition will encroach approximately 4 feet into a storm drain easement and the rear of
the wood deck will be on top of the drainage pipe. Mayor Bacon stated this is a public hearing and asked if
anyone was present in opposition to the granting of this variance request. There was none.
Councilman Scoggins asked Melziner Stover, the applicant, and Ed Miller of Miller Construction, to come
forward. Mr. Scoggins stated that Ms. Stover had a deck at this location before but it has been torn down.
Ms. Stover stated she would now like to build a sun room and due to the size of the room it will require a
variance as the room will be 14' by 16' and the size of the deck is 6' x 16' . Mr. Scoggins stated for the record
that the affected neighbors have indicated they have no problem with this variance request. Councilman
Scoggins made a motion the variance request at 2958 Lexington Trace Drive to reduce the rear yard setback
from 25 feet to 10 feet be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0.
(C) Variance Request - 2350 Behnont Circle - Reduce Side Yard Setback from 50 Feet to 3 Feet
Mayor Bacon stated Items 3-C and 3-D are for the same address. Mr. Smith stated the applicant is requesting
these variances in order to build an addition to the commercial building at this location. This is the business
address for Dr. Artress' medical practice. Mr. Smith further stated the existing building is 6.5 feet from the
side yard setback and when the addition is built the distance will be 3.0 feet and in reference to the rear yard
setback the existing building is 44.5 feet from the rear property line and when the addition is built the distance
will be reduced to 3.0 feet. Mr. Smith stated this addition is being built to better serve the patients of the
practice and they have provided documentation from the adjacent property owners that they have no objection
to the variances. Mayor Bacon recognized George Mercurius, who is representing Dr. Artress. Mayor Bacon
stated this is a public hearing and asked if anyone was present in opposition to the granting of these variance
requests. There was none.
Councilman Cramer asked Mr. Mercurius to explain what Dr. Artress plans to do with the addition of the
existing buildings. Mr. Mercurius stated Dr. Actress plans to upgrade his office building by building additions
to the existing structure and the addition will provide better service to the patients. Councilman Cramer stated
for the record the adjoining property owners have signed letters stating they have no objection to the granting
of the variances requested.
Councilman Cramer made a motion that the variance request at 2350 Belmont Circle to reduce the side yard
setback from 50 feet to 3 feet be approved. Councilman Lnenicka seconded the motion. Motion was approved
7-0.
(D) Variance Request - 2350 Belmont Circle - Reduce Rear Yard Setback from 50 Feet to 33 Feet
See narrative above.
Councilman Cramer made a motion the variance request at 2350 Belmont Circle to reduce the rear yard
setback from 50 feet to 33 feet be approved. Councilman Wood seconded the motion. Motion was approved
7-0.
(E) Variance Request - 2976 Reed Street - Reduce Required Lot Square Footage from 15,000
Square Feet to 10,000 Square Feet
Mr. Smith stated that Items 3-E and 3-F pertain to the same property. Mr. Smith further stated this is a
division of one lot, which fronts two streets (2976) Reed Street and (1215) Love Street. He further stated the
1215 Love Street address still has a small house on it. Mr. Smith stated this is a 20,000 square foot lot that
the applicant, Lee Eubanks, is requesting that it be divided into two 10,000 square foot lots to permit homes
to be built on each lot. Mayor Bacon stated this is a public hearing and asked if anyone was present in
opposition to the granting of -these variance requests. There was none.
Councilman Hawkins stated this is the same lot, a rectangular lot that faces two streets. Mr. Hawkins stated
Mr. Eubanks plans to redo the house at 1215 Love Street and build a new house on Reed Street. Mr. Hawkins
stated for the record that the adjacent property owners on Love Street and Reed Street have signed letters
stating they have no objection to the granting of these variance requests.
Councilman Hawkins made a motion that the variance request at 2976 Reed Street to 'reduce the required lot
square footage from 15,000 square feet to 10,000 square feet be approved. Councilman Scoggins seconded
the motion. Motion was approved 7-0.
(F) Variance Request - 1215 Love Street - Reduce Required Lot Square Footage from 15,000
Square Feet to 10,000 Square Feet
See narrative above.
Councilman Hawkins made a motion that the variance request at 1215 Love Street to reduce the required lot
square footage be reduced from 15,000 square feet to 10,000 square feet be approved. Councilman Wood
seconded the motion. Motion was approved 7-0.
(G) Annexation of Unincorporated Island - Land Lots 373 and 348 - Pat Mell Road
Mr. Smith stated this is an island annexation under the laws of the State of Georgia. He further stated there
are five parcels on Pat Mell Road and the City of Smyrna has notified the property owners and the parcels total
3.60 acres in Land Lots 373 and 348. Mr. Smith stated the effective date of annexation will be July 31, 1997.
Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the annexation
of the unincorporated island in Land Lots 373 and 348 as described below. There was none. The legal
description is as follows:
All that certain property situated and being in Land Lots 348 and 373, of the 17th District and
2nd Section of Cobb County, Georgia, being parcels 105, 106, 107, 109 and 112 in Land
Lots 348 and parcel 117 in Land Lot 373, and more particularly described as follows:
BEGINNING at the intersection of the southern right of way of Pat Mell Road with the
western lot line of Land Lot 373, said point being the POINT OF BEGINNING; thence
easterly along the southern right of way of Pat Mell Road a distance of 100 feet more or less
to a point; thence southerly a distance of 200 feet more or less to a point; thence westerly a
distance of 420 feet more or less to a point; thence southwesterly a distance of 543.4 feet to
a point; thence northerly a distance of 95.8 feet to a point; thence easterly a distance of 25
feet more or less to a point; thence northerly a distance of 210.5 feet to a point on the
southern right of way of Pat Mell Road; thence easterly along said right of way of Pat Mell
Road a distance of 810.85 feet to the POINT OF BEGINNING.
Councilman Cramer stated he has received a couple of positive calls regarding this proposed annexation. Mr.
Cramer stated this annexation will clarify jurisdictional problems on Pat Mell Road. Mr. Cramer stated he
feels this is a positive move for the residents of the area. Councilman Cramer made a motion that the
unincorporated island located in Land Lots 373 and 348 (Pat Mell Road) be annexed into the City of Smyrna
effective July 31, 1997, and become a part of Ward 5. Councilman Newcomb seconded the motion. Motion
was approved 7-0.
(A) Bid Opening (#97022) - Four 1997 Ford Crown Victoria Police Cars
Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read
as follows:
Southlake Ford $20,400 each
Beaudry Ford $17,996 each (1996 Model)
Councilman Hawkins made a motion the bids be turned over to the Police Department for their review with
a recommendation brought back before council at the July 21, 1997, meeting. Councilman Wood seconded
the motion. Motion was approved 7-0.
(B) Bid Opening (#97023) - Modular Block Retaining Wall
Mayor Bacon asked if there were any bids in the audience. There were none. Mayor Bacon explained these
bids are for a wall to be built at the corner of East Spring Street, Atlanta Road and the railroad track. He
further stated the wall will abut the railroad track. Mayor Bacon stated the city currently owns this lot and is
probably about one-half acre in size. Mayor Bacon stated the city is hoping to fill in the lot and do something
with the lot. Mayor Bacon further stated CSX Railroad has donated $5,000 toward the cost of improving this
lot. The bids were opened and read as follows:
Wall Technologies Corporation $31,320
Keystone Retaining Wall Systems No Bid (Post Office marked authorized time for forwarding
has expired)
Councilman Hawkins made a motion the bids be turned over to the Public Works Department for their review
with a recommendation brought back before council at the July 21, 1997, meeting. Councilman Cramer
seconded the motion. Motion was approved 7-0.
(C) Request for Proposal Opening - Spring Road Bicycle Path and Landscaping Project
Mayor Bacon asked if there were any Requests for Proposals in the audience. There were none. The requests
for proposals were opened and read as follows:
Hughes, Good, O'Leary & Ryan $36,500
Welker and Associates No Bid
Piedmont Olsen Hensley $44,265
Councilman Scoggins made a motion the bids be turned over to the Public Works Committee with a
recommendation to be brought back before council at the July 21 meeting. Councilman Cramer seconded the
motion. Motion was approved 7-0.
(A) M. G. Patton Construction - Construction of 30,000 Square Foot Office Building - 400 Lake
Ridge Drive, Highlands Park
Councilman Wood stated this is another good development for the city in the Highlands Park area . Mr. Wood
stated this will be a 30,000 square foot office building with an estimated construction cost of approximately
$1 million for a company called Air Cond to be located at 400 Lake Ridge Drive. Councilman Wood made
a motion that the commercial building permit for M. G. Patton Construction for construction of a 30,000
square foot office building at 400 Lake Ridge Drive (Highlands Park) be approved. Councilman Lnenicka
seconded the motion. Motion was approved 7-0.
(B) Peachtree Construction Company - Extension of Working Hours - 7000 Highlands Parkway
Councilman Wood asked Mr. Mansfield, President of Peachtree Construction Company, to come forward.
Mr. Wood asked Mr. Mansfield to explain why the extension of working hours is being requested. Mr.
Mansfield stated he is the contractor and owner of the building located at 7000 Highlands Parkway. He stated
they began construction about a month ago on the 123,808 square foot office/warehouse building. He stated
he is requesting an extension of working hours during the week to allow them to begin work at 4:00 a.m. while
they are pouring about $300,000 worth of concrete. He further stated at this time of year the heat in the later
part of the day is a factor on the concrete that is poured. He stated they have already experienced some
problems with the heat causing fractures. He stated they have already poured the slab (120,000 feet of
concrete). Mr. Mansfield stated if the hours are extended the three hours requested, that would allow them
to get more concrete on the ground earlier in the day and hopefully would minimize their curing problems.
He stated this should not be a factor for more than another 45 days and then the whole process would be over.
He further stated he is not aware of any residential neighborhood that would be affected as this property is
surrounded by commercial buildings. Mr. Mansfield did state if complaints were received, they would revert
to the original hours.
Councilman Wood stated he has been down to the site and is familiar with the site. He further stated the
residential section near the complex is a good long distance from this site and is next to a project currently
under construction. Councilman Wood made a motion that the commercial building permit for Peachtree
Construction to begin work at 4:00 a.m. for pouring concrete be approved. He further stated the motion
would include approval to allow the working hours to be from 4:00 a.m. to 7:00 p.m. on week days and 10:00
a.m. to 7:00 p.m. on Saturday. Councilman Cramer seconded the motion. Motion was approved 7-0.
There were none.
(A) Approval of June 16, 1997, Minutes
(B) Approve and Authorize Agreement with BellSouth for Replacing Aerial Cable with Buried
Cable, Cut Over Existing Service to Buried Cable and Remove Old Poles (Along King Street
From Church to Bank Street and Hamby Street from Powder Springs to Bank Street)
(C) Budget Adjustment - Police Department (Communications Division 425)
(D) Authorize the Police Department to Use Peachtree Movers for Moving Police Department
into New Public Safety Facility and Provide Funding for Move.
(E) Approval to Request Bids - CDBG Bus - Senior Services
(F) Approval to Request Bids - Pavilion at Church Street Center
(G) Approval to Request Bids for Hot Tub for Church Street Center
(H) Approval to Request Bids for Skid Loader (Rockhound) - Parks and Recreation Department -
Facilities Division
(I) Approval to Request Bids for Playground Equipment for Cobb Park (CDBG)
(J) Approval to Request Bids for Van - Smyrna Clean and Beautiful Department
(K)* Approval of Economic Incentives Proposal for Traton Corporation
Councilman Wood made a motion to suspend the riles for the purpose of adding an item to the consent agenda_
Councilman Lnenicka seconded the motion. Motion was approved 7-0.
Councilman Wood made a motion to add Item (K)* Approval of Economic Incentives Proposal for Traton
Corporation in connection to the King Valley Development to the Consent Agenda. Councilman Lnenicka
seconded the motion. Motion was approved 7-0.
Councilman Lnenicka made a motion to approve the Consent Agenda Items (A) through (K). Councilman
Cramer seconded the motion. Motion was approved 7-0.
Councilwoman Capilouto cautioned everyone about the use of grills and encouraged them to be sure and
remain with the grills while they are in use.
Councilman Newcomb stated the ribbon cutting ceremony for the new public safety facility will be at 11:00
a.m. on the morning of August 2 in conjunction with the 125th birthday celebration.
Councilman Newcomb stated work on Spring Road is progressing pretty good. He further stated the
construction is progressing in some parts while other parts construction has come to a halt. Mr. Newcomb
stated the construction crews are having to wait on the utility relocation and is in no way related to the City.
He stated the delay is basically due to BellSouth not relocating their utilities. He also stated some of the traffic
signals are not functioning as they should due to the sensors in the pavement having been torn up by the
construction. He stated that will be corrected when the construction is complete.
Councilman Scoggins stated he had no report this evening.
Councilman Hawkins mentioned Saturday night, July 12, there will be an event at the Community Center that
he encouraged everyone to attend. He further explained it is a Casino Night to raise funds for the Dana
Walters Scholarship fund. Mr. Hawkins stated Dana Walters was a Smyrna resident, graduate of Campbell
High School, and died from Cystic Fibrosis in 1992.
Councilman Hawkins stated a couple of years ago, residents of Ward 4 attended a meeting to discuss the
widening of Concord Road. He further stated at that time he made a commitment to hold another meeting
when the County completed the engineering and had a plan to present. Mr. Hawkins stated as of today he can
not get any commitment from the County as to whether that project has been started as far as engineering is
concerned. Councilman Hawkins stated there is nothing happening on the Concord Road widening and he has
been told that project is basically on the back burner and that nothing may be done about the widening at all.
Councilman Cramer reminded everyone of the free concert Friday, July 18 on the Village Green. Mr.
Cramer commented about the 125th birthday celebration to be held August 1 on the Village Green.
Councilman Lnenicka stated he had received a call from a solicitor from the Police Benevolent Association
requesting money. Mr. Lnenicka stated he asked the caller how much of the funds collected would go to the
Smyrna Police Department and the solicitor honestly answered she did not know. Mr. Lnenicka encouraged
the citizens to support the local police but urged anyone who received such a call from any organization to ask
if the money is going to go to the Smyrna Police Department.
Councilman Lnenicka thanked the American Legion Post 160 and the Public Works Department for the
display of American flags over the July 4th holiday weekend.
Councilman Wood stated he did not have a report this evening.
With no further business, the meeting adjourned at 8:30 p.m.
A. MAX BACON, MAYOR
CHARLENE CAPILOUTO, WARD I
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CHARLES PETE WOOD, WARD 7
MELINDA DAMERON, CITY CLERK
RON NEWCOMB, WARD 2
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WADE S. LNENICKA, WARD