08-04-1997 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 Wood followed by the pledge to the flag.
Howard Smith stated according to the city's records on August 4, 1977, Jim Hawkins was appointed to fill the
council seat vacated by Homer Kuhl. Mr. Hawkins was presented with a plaque for his twenty years of
service to the City of Smyrna. Mr. Hawkins thanked the Mayor and Council and stated the past twenty years
have been very rewarding for him. He expressed his appreciation for the recognition.
Mayor Bacon recognized two outstanding youth groups who recently won the State titles in softball and
baseball. Chuck Brannon introduced the age 14 and under girls's softball team from Rhyne Park. Mayor
Bacon introduced Howard (Red) Martin and David Herring. Mr. Martin introduced the members of the
Smyrna Little League Baseball team from Brinkley Park. Trophies were presented to the city for display.
Mayor Bacon stated last week was memorable for the city as the 125th birthday celebration and the dedication
of the Public Safety facility were held last Friday and Saturday. Mayor Bacon stated both events were very
well attended with as many as 12,000 in attendance at the Friday night birthday celebration. Mayor Bacon
expressed his appreciation to all the city staff who worked so hard to make both events successful.
C ITi F.NS INPUT:
There was none.
(A) Rezoning and Land Use Change Request - 1647 Gaylor Street (0.448 Acres) Rezone from
R-15 - Residential to General Commercial and Change Land Use from Redevelopment to
Community Activity Center
Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the rezoning and
land use change requests. There was none. Mayor Bacon asked the applicant to step forward.
Councilman Lnenicka asked the applicant to identify himself. Mr. Chris May, representing The Sofran Group,
Peachtree-Dunwoody Road, Atlanta, explained their request is to rezone two pieces of land that are adjacent
to a parcel they already have that is zoned. Mr. May further stated it is their intention to combine both those
parcels on the west side on Gaylor Street and the east side on South Cobb Drive with the property located in
the middle. Mr. May stated the preliminary plans are based on which tenant they can obtain a lease from once
the zoning is complete. Mr. Lnenicka stated with the residential area to the north of this property there are
buffer requirements in the code section for areas between commercial and residential properties. Mr. May
stated he was aware of those requirements and had no problem meeting those. Mr. May stated they have
already shown the fifty foot buffer anywhere the property adjoins residential property. Councilman Lnenicka
asked Mr. May to explain what plans they have for water retention/detention and control of drainage from that
property. Mr. May responded they have not done their final engineering yet but have provided ample space
on either end of the property. He further stated with the topography of the property there is a draw that comes
into an area he indicated on the plan and the water naturally flows that way and on the other end of the
property as well. He stated they have provided detention in both those areas and the size would be engineered
for the final design of the site. Mr. Lnenicka asked if there was any intention of developing the two separate
parcels and then the other parcel on South Cobb Drive as separate stand-alone businesses and operations from
the main body of the land. Mr. May responded there was not. Mr. May stated it is intended to become all
one development. Mr. Lnenicka asked Mr. May if he had any objection to the stipulation that the rezoning
would be approved subject to the property being combined with the larger piece adjacent to it. Mr. May
responded he would have no problem with that stipulation.
Councilman Lnenicka made a motion that the property, the two parcels, at 1647 Gaylor Street (.448 acres)
be rezoned from R-15 Residential to G.C. (General Commercial) with the stipulation that the property be
combined with the larger parcel adjacent to it to be all one parcel. Councilman Wood seconded the motion.
Motion was approved 7-0.
Councilman Lnenicka stated he has a second motion related to this property that the land use map be changed
to reflect the new use on the property. Mr. Lnenicka made a motion that the land use at 1647 Gaylor Street,
the same two parcels as discussed above (.448 acres) be changed from Redevelopment to Community Activity
Center. Councilman Wood seconded the motion. Motion was approved 7-0.
(B) Rezoning and Land Use Change Request - 4474 South Cobb Drive (2.54 Acres) Rezone from
Residential to General Commercial and Change Land Use from Redevelopment to
Community Activity Center
Mayor Bacon asked if there was anyone present in opposition to the granting of the rezoning or land use
change request. There was none.
Councilman Lnenicka stated this is the same situation as discussed in Item 3-A above. Mr. Lnenicka stated
Mr. May is representing The Sofran Group again.
Councilman Lnenicka made a motion that the rezoning request at 4474 South Cobb Drive be approved to
rezone 2.54 acres from R-15 Residential to G.C. (General Commercial) subject to the stipulation that this
parcel be combined with the larger parcel adjacent to it to form one common parcel. Councilman Wood
seconded the motion. Motion was approved 7-0.
Councilman Lnenicka made a motion that the land use map be changed for the property at 4474 South Cobb
Drive from Redevelopment to Community Activity Center. Councilman Wood seconded the motion. Motion
was approved 7-0.
(C) Rezoning and Land Use Change Request - 1637 Gaylor Street (0.595 Acres) Rezone from
Residential to General Commercial and Change Land Use from Redevelopment to
Community Activity Center
Councilman Lnenicka stated this item also refers to Gaylor Street (as discussed in Item (A) above) and is one
of the other additional parcels -- .595 acres. He further stated this is the same situation on the west side of
the property.
Councilman Lnenicka made a motion the rezoning request at 1637 Gaylor Street to rezone from R-15
Residential to G.C. (General Commercial) with the stipulation that the parcel be combined with the adjacent
larger parcel to become one common piece be approved. Councilman Wood seconded the motion. Motion
was approved 7-0.
Councilman Lnenicka made a motion the land use map be changed for the property at 1637 Gaylor Street from
Redevelopment to Community Activity Center. Councilman Wood seconded the motion. Motion was
approved 7-0.
(D) Adoption of FY 98 Ad Valorem Tax Millage Rate
Councilman Lnenicka stated this item has been advertised in the Marietta Daily Journal as a public notice is
required by law of the city's intent to set the official millage rate. He further stated when the budget was
adopted in June, the city proposed a tentative millage rate and were required to wait for the official County
tax digest to be delivered to the city upon which to base an official millage rate assessment. He stated the city
now has that information. Mr. Lnenicka stated he is pleased to report that the city will move tonight to once
again reduce the millage rate. Mayor Bacon asked if there was anyone present who wanted to make any
comments about the proposed millage rate. There was none. Mr. Lnenicka made a motion that the official
millage rate for FY98 for the City of Smyrna be set at 11.30 mills. Councilman Cramer seconded the motion.
Motion was approved 7-0.
(A) Bid Opening (Bid #97025) - Playground Equipment at Cobb Park
Mayor Bacon asked if there were any bids in the audience. There were none. Mr. Smith stated this bid is
CDBG funds that the city has applied for and been accepted for playground equipment for Cobb Park and is
for young children. He further stated it will be the largest play scape of its size in the metro area. The bids
were opened and read as follows:
Kompan Creations, Inc. (Home office in Tulsa, OK) No Bid
(Located in Geneva, FL)
Piazzo, Incorporated No Bid
(Located in Geneva, FL)
Kompan, NE (Marathon, NY) $113,943.00
Kompan, SE (New York) $108,351.00
John Curtiss Design $113,683.00
Councilman Scoggins made a motion the bids be turned over to the Parks and Recreation Committee for their
review with a recommendation brought back before council at the August 18, 1997, meeting. Councilman
Cramer seconded the motion. Motion was approved 7-0.
(B) Bid Opening (Bid #97027) - 1997 F150 R/C Truck - Community Development Department
Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read
as follows:
Beaudry Ford
Chuck Clancy Ford
Southlake Ford
$14,756.60
No Bid
$15,900.00
Councilman Scoggins made a motion the bids be turned over to the Community Development Committee for
their review with a recommendation brought back before council at the August 18, 1997, meeting.
Councilman Lnenicka seconded the motion. Motion was approved 7-0.
(C) Bid Opening (Bid #97026) - 1997 Ford E350 Club Wagon (Parks and Recreation Department)
Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read
as follows:
Southlake Ford
No Bid
Clancy Ford
No Bid
Tidwell Ford
$22,970.80
Cherokee Ford
No Bid
Councilman Cramer made a motion the bids be turned over to the Parks and Recreation Department for their
review with a recommendation brought back before council at the next meeting. Motion was seconded by
Councilman Newcomb. Motion was approved 7-0.
(D) Approval of Landscaping Maintenance Contract for Public Safety Facility
Councilman Newcomb stated with the completion of the public safety building, a landscape maintenance
program is needed. He stated two bids were received for this program. He further stated it is the
recommendation of the Police Committee to award the bid to Williamson Landscaping, Inc. Councilman
Newcomb made a motion the bid be awarded to Williamson Landscaping, Inc., the low bidder, for a total cost
of $17,900.00. Councilman Hawkins seconded the motion. Motion was approved 7-0.
(E) Approval to Recommend DDA Refund 1994 DDA Bonds
Mr. Smith stated these bonds are issued by the DDA and because of interest rates being favorable at the
moment, the investment bankers for the City of Smyrna have determined the city has an opportunity to realize
a savings in the refinancing of these bonds and it is being proposed that council request this of the Smyrna
Downtown Development Authority.
Councilman Lnenicka estimated the city could save approximately $350,000 by refinancing these bonds.
Councilman Lnenicka made a motion that the city request the Smyrna Downtown Development Authority to
refmance the 1994 Bond Series to take advantage of lower bond interest rates at this time. Councilman Wood
seconded the motion. Motion was approved 7-0.
(F) Authorize Mayor to Sign and Execute Concurrent Use Agreement with Cobb County Board
of Education for Ward Park
Mayor Bacon recognized Curt Johnston, Cobb County School Board representative and Mr. Dale Gaddis,
Cobb County Board of Education.
Mr. Smith stated Campbell High School Booster's Club and other members associated with the Campbell
faculty and administration approached the city some time ago requesting that Ward Park be designated for the
exclusive use during baseball season of Campbell High School, and that it be the official home of the Campbell
High School baseball team. Mr. Smith stated the School Board has agreed to make the football fields at the
location of the new Campbell Middle School available for SAA football and also provide storage space at that
facility at the stadium. Mr. Smith stated the city is requesting this be a five-year contract, renewable by
agreement of both parties, up to five times.
Councilman Scoggins made a motion the Mayor be authorized to sign and execute the concurrent use
agreement with the Cobb County Board of Education and the City of Smyrna for the use of Ward Park.
Councilman Hawkins seconded the motion. Motion was approved 7-0.
(G) Validate Petition to Annex Property in Land Lots 169, 191, 192 and 242, 17th District, 2nd
Section, Cobb County, Georgia (50 acres) - Concord Road
Councilman Wood stated Jane Lyle Wootton has requested annexation of 50 acres adjacent to Concord Walk
Subdivision which is now under construction. Mr. Wood stated this property will be Phase Il of Concord
Walk which will be developed by Brad Thompson.
Councilman Wood made a motion the petition to annex the property in Land Lots 169, 191, 192 and 243, 17th
District, 2nd Section, Cobb County, Georgia (as described below) be validated with a public hearing date of
September 2, 1997. Councilman Lnenicka seconded the motion. Motion was approved 7-0.
All that tract of parcel of land lying and being in Land Lots 169, 170, 191,
192 and 242 of the 17th District and 2nd Section of Cobb County, Georgia,
and being more particularly described as follows:
Beginning at the point formed by the intersection of the land lot lines common to
Land Lots 192, 193, 240 and 241 run thence along the land lot line common to Land
Lots 192 and 193 South 89 degrees 18 minutes a distance of 55.01 feet to the True
Point of Beginning; thence leaving said land lot line South 01 degrees 29 minutes 11
seconds East a distance of 187.63 feet to a point; thence South 43 degrees 59 minutes
49 seconds West a distance of 131.42 feet to a point; thence South 01 degrees 29
minutes 11 seconds East a distance of 412.32 feet to a point; thence South 88 degrees
30 minutes 49 seconds West a distance of 112.62 feet to a point; thence South 01
degrees 29 minutes 11 seconds East a distance of 205.00 feet to a point; thence North
88 degrees 30 minutes 49 seconds East a distance of 112.62 feet to a point; thence
South 01 minute 29 minutes 11 seconds East a distance of 419.68 feet to a point;
thence South 51 degrees 52 minutes 56 seconds East a distance of 357.46 feet to a
point on the Northwesterly right of way line of Concord Road (70 foot right of way);
thence along said right of way line Southwesterly an arc distance of _7E 302 feet to a
point; thence Westerly a distance of -+- 300 feet to Nickajack Creek; thence
Northwesterly along said creek a distance of _7E 700 feet to a point on the Southern
boundary of a 75 foot Colonial Pipeline Easement; thence leaving said creek line and
along said pipeline easement Easterly a distance of -+_ 300 feet to a point; thence
leaving said easement line Northwesterly a distance of _7E 245 feet to a point; thence
Northerly a distance of +_ 100 feet to a point; thence Northeasterly a distance of
+_ 100 feet to a point; thence Northeasterly a distance of -:!E 100 feet to a point;
thence Northeasterly a distance of -+_ 150 feet to a point; thence Easterly a distance
of :E 130 feet to a point; thence Northeasterly a distance of _+ 200 feet to a point;
thence Easterly a distance of 119.5 feet to a point; thence Northeasterly a distance
of 179.4 feet to a point; thence Northeasterly a distance of 731.4 feet to a point on
the land lot line common to Land Lots 192 and 193; thence along said land lot line
Easterly a distance of _+_ 511 feet to the True Point of Beginning.
Said tract being f 52.6 acres.
There were none.
(A) Bid Award (Bid 97024) - New Holland Skid Loader Attachment
Councilman Scoggins made a motion the bid be awarded to Cobb County Tractor, the low bidder, for a total
cost of $5,755.56. Mr. Scoggins stated this is a budgeted item. Councilman Hawkins seconded the motion.
Motion was approved 7-0.
(B) Request for Proposal Award - Spring Road Bicycle Path and Landscaping Project
Councilman Hawkins stated this award is just for a conceptual plan and that plan will be used in developing
the long range costs and time frame to complete the project. Councilman Hawkins made a motion the bid be
awarded to Piedmont, Olsen and Hensley, the low bidder, for a total cost of $34,789.00. Councilman
Newcomb seconded the motion. Motion was approved 7-0.
(A) Approval of July 21, 1997, Minutes
(B) Approval to Authorize Purchase of Right -of -Way on Grady Street
(C) Approval to Request Bids - Landscape Truck - Parks and Recreation Department
(D) Approval to Request Bids - Pickup Truck - Parks and Recreation Department
(E) Approval to Request Bids - Riding Mowers - Parks and Recreation Department
(F) Approval to Request Bids - Dirt Shredder - Parks and Recreation Department
Councilman Scoggins made a motion the Consent Agenda be approved. Councilman Lnenicka seconded the
motion. Motion was approved 7-0.
Mayor Bacon stated the city had a great week and weekend. He stated there were probably 12,000 to 15,000
people at the 125th Birthday Celebration on Friday night in the downtown area. He stated the Public Safety
building facility was dedicated on Saturday and the event was enjoyed by all.
Councilman Wood stated there is no report from the Finance Department or Library this evening.
Councilman Lnenicka thanked everyone for the 125th birthday celebration -- the citizens who participated and
the employees who worked so hard to make the event possible. Councilman Lnenicka stated the new CVS
Pharmacy (South Cobb Drive and Cooper Lake Drive) presented the city with a $1,000 check on July 14 for
to the Golden Jonquil Organization. He stated the pharmacy is not actually in the city limits but adjacent to
it. Mr. Lnenicka further stated CVS has stated they want to be involved in the community and not just
another store and presented this gift to the city as a way to be involved in the community. Mr. Lnenicka
thanked CVS for the donation and welcomed them to the area.
Councilman Lnenicka stated July 27 the Atlanta Journal/Constitution featured Creatwood/Campbell Woods
in the Home Finder section of their paper. Mr. Lnenicka commended the subdivision and homeowners for
the work they have done to be featured in the paper.
Councilman Lnenicka stated there are meetings scheduled this week to discuss the drainage situation with the
Creatwood and John Wieland Subdivisions. Mr. Lnenicka noted for the record that John Wieland, Heritage
at Vinings Subdivision, continues to be very cooperative with the city and staff. He further stated the city has
already begun implementation of a number of corrective measures identified in various reports -- all relatively
minor but they have not shied away from doing any of that work. Mr. Lnenicka thanked them for their
cooperation.
Councilman Cramer thanked the citizens who participated in the Cobb Chamber of Commerce sit-down
dinner at the Community Center last Thursday evening. He also thanked those citizens who attended the
weekend celebrations. He also thanked all the city employees who worked so hard to make the events
successful. He also thanked Sheriff Bill Hutson who attended the Public Safety Facility dedication on
Saturday.
Councilman Hawkins thanked the Mayor and Council for the plaque in honor of his twenty years of service
to the city. Mr. Hawkins thanked all the people who worked so hard to make the events of the weekend
successful. He also commented that after the huge celebration that lasted until late Friday evening, that the
grounds around the community center were spotless early Saturday morning. He stated some of the employees
worked until 5:00 a.m. Saturday morning in order to restore the grounds. Mr. Hawkins stated he wanted to
recognize the citizens who make the city such a great place to live. He especially recognized the two
gentlemen who were here tonight representing youth sports -- Chuck Brannon and Howard "Red" Martin.
Councilman Scoggins congratulated Councilman Cramer and Maryclaire Andres for their efforts with the
125th Birthday celebration. Mr. Scoggins also expressed his appreciation to the citizens for their attendance
at the events of the past weekend.
Councilman Newcomb stated the dedication of the Public Safety facility was excellent and the building is
substantially on time, on budget and has everything in it that was planned and is a building in which everyone
can take pride. He further stated it is a very functional yet attractive building.
Councilman Newcomb reported on the Jaywalking Ordinance. Mr. Newcomb stated the Police Committee
met July 28 and discussed the issue and are following a program of work described as follows: 1. What does
State law say about jaywalking? He stated the answer is "not much." He stated the law states, "pedestrians
must use a crosswalk" and if you have two adjacent intersections with stop lights, you must use the crosswalk
at those lights. Mr. Newcomb stated that so very many of the highways do not meet that definition. 2.
Should the city pass an ordinance that is more restrictive than State law? Mr. Newcomb stated you can ease
up on what State law says but the city can pass an ordinance within normal police powers of a municipality
that would be more strict. He then stated the committee is now asking the question, "should we pass such an
ordinance and what would it say, and what would be a reasonable ordinance on jaywalking?" 3. If the Mayor
and Council were to pass such an ordinance, what allocation of police resources would be assigned to such
enforcement? Mr. Newcomb stated that is the program of work they are following and will continue to report
until they come to a conclusion to at least those three questions.
Councilwoman Capilouto thanked all the city employees for the wonderful time everyone had Friday evening.
Mr. Smith thanked the employees of the Parks and Recreation, Public Works, Police and Fire Departments
for their efforts during the birthday celebration and dedication of the public safety facility.
With no further business, Meting adjourned at 8:39 p.m.
A. MAX BACON,
YOR MELINDA DAMERON, CITY CLERK
CHARLENE CAPILOUTO, WARD
BILL SCOGGINS, W 3
CRAMER, WARD 5
CHARLES PETE WOOD, WARD 7
RON NEWCOMB, WARD 2
JAMES M. HAWKINS, WARD 4
r
WADE S. LNENICKA, WARD 6