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08-03-1998 Regular MeetingAugust 3, 1998 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Reverend Wayne Johnson, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon invited candidates for public office to come forth. David Ralston, candidate for Attorney General of Georgia, and on the republican run-off ballet on August 11, 1998, introduced himself. He expressed appreciation to be allowed to speak. He commended the City for its good reputation, progressiveness, and on being a provider of good quality government. He continued to summarize his qualifications, commitments, and goals of his candidacy. Mike Todd, candidate for State Senator for the Smyrna, Vinings, and East Cobb area, introduced himself. He summarized his qualifications, commitments, and goals of his candidacy. Gary Pelphrey, candidate for 6t' District House of Representatives, introduced himself and expressed his appreciation for being allowed to speak. He summarized his qualifications, commitments, and goals of his candidacy. He commended the City on the 126 h Birthday Celebration. Mayor Bacon introduced Ralph Hancock to speak about the 1% Sales Tax. Mr. Hancock reminded citizens that in four weeks school will start back and that Cobb County is still short of renovations and construction needs for the children. He stated that the only way to meet these needs is to pass a 1 % Sales Tax, a special option, made possible by the Georgia Legislature. He stressed how important it was that this tax is passed this year, and encouraged citizens to vote in favor of the 1 % Sales Tax. FORMAL BUSINESS: (A) Approval of Resolution to Establish a Probation System for the City of Smyrna Mr. Smith stated that after a thorough study was conducted and with approval of the Court Services Committee, this Resolution to establish a probation system for the City of Smyrna was being presented tonight. He noted that the Probation Division will operate under the guidance of City Clerk and Clerk of Court Melinda Dameron. Councilman Newcomb read the Resolution (Attached) Councilman Newcomb stated that until now the probation services had been handled by a private probation services company, and upon the passing of this Resolution and swearing in of officers, this service will now be conducted at the City of Smyrna. Councilman Newcomb moved that this Resolution be adopted. Councilman Jim Hawkins seconded the motion. Mayor Bacon asked if there were any opposition to this motion. Motion was approved 6-0-1 with Councilwoman Charlene Capilouto abstaining. (B) Oath of Office — Probation Officers Mayor Bacon asked R. Michael Whaley to administer the oath and invited Cassie Salinas Cole, and Colleen Leisenring-Bolton and their spouses to step forward. Judge Whaley stated that the Probation Services Office is a valuable and necessary part of the court. Cassie Salinas Cole was sworn in as Chief Probation Officer of the City of Smyrna Municipal Court by Judge Whaley. Colleen Leisenring-Bolton was sworn in as Probation Officer of the City of Smyrna Municipal Court. Melinda Dameron noted that the third probation officer, Katherine T. Wilder, could not be present tonight, but would be sworn in at a later date. PUBLIC HEARINGS: (A) Variance Request — 3060 Jonquil Drive — Reduce Side Yard Setback from 100 Feet to 20 Feet — To allow for an Accessory Structure (B) Variance Request — 3060 Jonquil Drive — To Allow 6-Foot Chain Link Fence in Front Yard Mr. Smith gave the background on the two variance requests for Scapes Landscape Management. Mr. Smith stated this is a request from Scapes Landscape Management to reduce the side yard August 3, 1998 —Continued setback from 100 feet to 20 feet in order that trucks will have enough room to turn around and to provide necessary parking. Mr. Smith stated that the other variance request wag to have a 6-foot chainlink fence in the front yard in order to secure the premises and plants stored on the site. Mayor Bacon stated this is a public hearing and asked if anyone was in opposition of these variance requests.. There was none. Councilman Newcomb asked Steve Coffey, representative of Scapes Landscape Management, to explain why this setback is requested. Mr. Coffey informed that the property was about 6.25 acres and there were two building structures proposed: a small office of 2500 square feet and a warehouse to store dry goods. He noted that because the site contained floodplains, there were only these two places on the site for these two structures. The reason for the variance request is to have a site for the warehouse building. Councilman Newcomb noted that he had seen the property and that because the property consisted of a floodplain and railroad track, a variance would be required in order to have two buildings on the site. After discussion, Councilman Newcomb moved that the variance request to reduce the side yard setback from 100 feet to 20 feet be approved. Bill Scoggins seconded the motion. The motion was approved 7-0. Councilman Newcomb then addressed the request for the chainlink fence. Councilman Newcomb noted that this was disallowed in the City's ordinances and asked Steve Coffey to explain the reason for this request. Mr. Coffey noted that they were excited about being in the area, but were concerned about possible vandalism and theft in the area. For security reasons, the company would like to have a fence since some of the trees cost $1000s. Mr. Coffey noted that Scapes will use landscaping to screen the fence and help the appearance. Councilman Newcomb verified that the City requests the fence on the Jonquil Road side be black and also contain decorative wrought iron. Councilman Newcomb inquired about what Scapes would do for the Pinecrest Circle side. Mr. Coffey replied that the fence would be back in the edge of the woods. Mr. Coffey. stated that the company had been in business for 22 years and currently does high - end, design built residential work. Councilman Newcomb verified that the site was light industrial. After verification there was no other opposition, Councilman Newcomb moved that the variance request at 3060 Jonquil Drive to have a 6-foot chainlink fence in the front yard be approved. Councilman Cramer seconded the motion. The motion was approved 7-0. (C) Rezoning Request — Property on Atlanta Road Behind Brawners (18.01 Acres) — Rezone from O & I to RAD-Conditional, Single Family Residential Mr. Smith stated that John Wieland Homes is requesting to rezone 18.01 acres for a 60-lot subdivision with a net density of 3.63 lots per acre. It is located behind Brawners and will become a part of Heritage at Vinings Subdvision.The Planning and Zoning Board heard this request at their July 13, 1998 meeting with a number of stipulations. It was approved and recommended to Council 7-0. Mayor Bacon stated this is a public hearing and asked if there was anyone in opposition of the rezoning of this property. Attorney Chuck Camp administered the oath to those who wanted to speak. Councilman Lnenicka introduced Mr. John Wieland and Mr. Dan Fields from John Wieland Homes. Councilman Lnenicka thanked Mr. Wieland and Mr. Fields and the residents at Heritage at Vinings for their cooperation and interaction, and taking the time to work together. Mr. Fields began the presentation. Mr. Fields stated that several meetings had been set up with adjacent owners to work out details. As requested by the Planning and Zoning Board, he verified that the density is 3.63 units per acre. He stated that he would generally speak about the stipulations and allow Councilman Lnenicka to follow-up. He described the location and named surrounding owners. He noted that the property has some abandoned houses, which were part of the Brawner operation. Health Care Properties is the current owner and the operator for the Brawner property is Value -Mart. There is another area between Value Mart and Heritage at Vinings that is owned by an individual that operates personal skills operation. The rear is part of Creatwood Subdivision and is zoned residential. The conditions being proposed is front yard setback at 10', side yards 5' with minimum 15' between houses and 20' rear yard set back. There is a list of stipulations as a result of working with homeowners that will benefit both John Wieland Homes and the homeowners. Councilman Lnenicka read the stipulations one by one and asked for comments and discussion after each stipulation. Mayor Bacon asked if there were anymore comments. Mr. Rod Miller, resident of Heritage at Vinings, came forth to speak on behalf of the community. Mr. Miller gave a review of how agreements were made. He thanked John Wieland Homes, Mr. Fields, and Councilman Lnenicka for listening and working with the homeowners. He identified four major issues: (1) retention of the buffer area between lots on Millwood Trail and proposed development (2) concern to save trees and natural setting (3) concerns about the pool, tennis court, and pool to sustain the addition August 3, 1998 — Continued of more families and (4) there is only one entrance in and out of subdivision. Mr. Miller requested that the tennis courts and clubhouse be completed at an earlier date than June of next year. Mr. Fields advised that the courts should be completed by October and the clubhouse soon after that. After review and discussion the stipulations below were presented: STIPULATIONS FOR REZONING 18.01 ACRE ADDITION TO THE HERITAGE AT VININGS SUBDIVISION 1. The name of this addition shall be The Heritage at Vinings and it will be made a phase two part of the original subdivision. 2. There shall be protective covenants on all lots and they will require that there be a mandatory homeowners association, and it will be combined with the homeowners association of the first phase of The Heritage at Vinings. 3. Adequate storm and water detention shall be provided such that the development creates no increased run off for the 100 year storm event, as approved by the City Engineer. In particular, the creek on the southeast boundary will be protected from erosion, flooding and siltation. John Wieland Homes will agree to construct detention ponds of at least 110% of the peak pre -development water runoff. 4. All homes will have an attached two car (or larger) garage, and the garage area shall in no case be used to calculate minimum floor space. 5. Decorative streetlights will be installed in the new subdivision, and will match those installed in the first phase of the subdivision. 6. All utilities in the subdivision will be underground. 7. The rear yard building set back on all yards shall be a minimum of 30 feet on all lots adjacent to the creek on the southeast boundary, and a minimum of 25 feet on all lots on the east boundary adjacent to lots in the original phase of the subdivision, and a minimum of 20 feet on all other lots. Front building setbacks on all lots shall be a minimum of 10 feet. Side yard setbacks on all lots shall be a minimum of 5 feet with at least 15 feet between any homes. The minimum lot size shall be 5500 square feet. 8. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes both within and adjacent to the subdivision. The City Engineer shall approve their design and placement and ensure that adequate access for maintenance is provided. 9. The developer agrees to expand the planned recreation facility, by expanding the pool deck by approximately 450 square feet over the existing pool plan, and by the addition of a wading pool to be approximately 100 square feet. 10. The protective covenants shall be modified to require that all front yards be sodded. 11. No debris may be buried on any lot. 12. If the developer closes on the property and if the developer does not begin construction within one year from the date of closing on the entire property, then the entire property will become zoned R-15. 13. The homes built in the addition will be at least comparable to those homes built in the rest of the subdivision (phase one development), with regard to architectural style, building materials used, colors, minimum square footage and landscaping. The homes in phase two will be a minimum of 2,200 square feet of heated and cooled space. 14. There shall be a 25-feet buffer on the additional area along the entire property line abutting the existing lots in the original part of the subdivision. This buffer area shall not be disturbed during construction (except for clearing the area necessary to construct the entrance road). After development the buffer shall be deeded fifty percent (50%) to the adjacent landowner on each side of the buffer. If the owner in the existing portion of the Heritage at Vinings declines to receive their 50%, it shall be deeded fully to the new lot. Restrictions shall be placed on the land to prohibit any fencing or clearing, except for dead trees or weeding, and to prohibit the construction of any structure in the buffer. August 3, 1998 — Continued 15. Developer will adequately screen the detention pond on the southwest corner of phase one with trees and/or shrubbery in accordance with the stipulations to the original development. The City Engineer and the Chief Building Official for the City will have final approval authority over what is "adequate." 16. Developer agrees to hire "Bartlett Tree Experts" to protect and maintain the trees to be saved in the entire subdivision. 17. Developer agrees to provide and emplace riprap in the detention pond on the southwest corner of the original development to match what has already been partially installed and subject to the approval of the City Engineer. 19. Developer agrees to complete installation of recreation facilities no later than June 1, 1999. 19. The development shall be built in accordance with the plat as last revised dated 8/3/98. submitted to the City Howard Smith and Councilman Lnenicka expressed appreciation on behalf of the City and Mayor and Council for the preservation of the Guernsey Jug and looked forward to the future historical promotion of the building. Councilman Newcomb commended John Wieland Homes on the comprehensive information submitted to Mayor and Council's review. Councilman Newcomb expressed concern for how the continued growth affects the school system and stated that the City would need to coordinate with the schools to deal with the residential growth. Councilman Lnenicka moved that the request to rezone 18.01 acres on Atlanta Road behind Brawner's from O & I to RAD Conditional, Single Family Residential, subject to 19 stipulations discussed including stipulation 14 revision, be approved. Councilman Cramer seconded the motion. The motion was approved 7-0. (D) Land Use Change — Property on Atlanta Road Behind Brawners (18.01 Acres) — From Public Institutional to Medium Density Residential Councilman Lnenicka moved that the land use change for 18.01 acres on Atlanta Road behind Brawner's be changed from public institution to medium density residential. Mayor Bacon stated this was a public hearing and asked if there were any public comment on this motion. There was none. Councilman Wood seconded the motion. The motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There was none. BID AWARDS: (A) Bid Award (Bid #98048) — Completion of Fiber Optic Backbone Councilman Lnenicka stated that the City would like to complete the installation of the fiber optic backbone that connects all of the electronic computer systems between buildings. Nine vendors were sent request for proposals. Six responded. Two options within the proposals were reviewed by the Finance and Administration Committee: (1) to terminate fiber and (2) complete backbone. The lowest combination was to split the award. The following bids were received: The Chaparral Group $82,252.10 Tele-Tech $67,729.22 Systems Atlanta Terminate Fiber $10,500.00 Complete backbone: $40,195.73 Highland Technology Group $50,931.30 Horizons Technology $ 8,725.00 (bid on termination of fiber only ComputerLand $52,711.00 Councilman Lnenicka, upon recommendation of the Finance and Administration Committee, moved that the award be split between Horizons Technology for the termination of the Fiber August 3 1998 — Continued Backbone ($8,725.00) and Systems Atlanta for the completion of the Fiber Backbone ($40,195.73). Councilman Jim Hawkins seconded the motion. The award was approved 7-0. (B) Bid Award (Bid #98052) — Electrical Service for Church Street Center Pavilion and Grounds Councilman Socggins stated that only two bids were received, which were too high. Councilman Socggins moved that the bids received for Bid 98052 be rejected and that the electrical service be rebid. Councilman Jack Cramer seconded the motion. Bid was approved 7-0. (C) Bid Award (Bid #98055) — Ford F250 Truck for Facilities Division — Parks and Recreation Department Councilman Scoggins, upon recommendation of Parks and Recreation Committee, moved that the bid be awarded to Wade Ford. Councilman Jack Cramer seconded the motion. The motion was approved 7-0. (D) Bid Award Fire Rescue Pumper Units Councilman Newcomb stated upon recommendation of the Fire Chief and review by the Fire Committee, bids were requested for combination fire enginetrescue units. Three fire engines are to be replaced by these. He verified this was part of the Capital Improvement Plan and money was in the budget. Five bids were received. Councilman Newcomb moved that the contract be awarded to the "low bidder" Central States Fire Apparatus, dealer Southern Emergency Products of Chattanooga, Tennessee, for $849,408 (trade-in included). Warranty and repair work will be done locally. Councilman Lnenicka seconded the motion. The motion was approved 7-0. CONSENT AGENDA: Councilman Jack Cramer made a motion to suspend the rules for the Consent Agenda. Motion was approved 7-0. Councilman Jack Cramer made a motion to remove Item I from the agenda which is request for approval to change name of apartment complex from Brookview Apartments to Cumberland Run Apartments. Councilman Jim Hawkins seconded the motion. The motion was approved 7-0. Councilman made a motion to suspend the rules in order to add an item. Councilman Cramer seconded the motion. The motion was approved 7-0. Councilman Scoggins moved that a new Item I be added to approve installation of speed humps on Hawthorn and Davenport Street. Councilman Cramer seconded the motion. The motion was approved 7-0. Howard Smith read revised Consent Agenda: (A) Approval of July 20, 1998 Minutes (B) Approval to Solicit RFP's for Supplying New Computer File Servers (C) Approval to Solicit RFP's for computer File Server Operating Software (D) Approval to Request RFP's for computer application Software Site License (E) Approval to Advertise Charter Amendment — Oath of Office (F) Approval to Request Bids for Electrical Service for church Street Center Pavilion and Grounds (G) Approval to Request Bids for Landscape Truck (Parks and Recreation) (H) Approval to Request Bids for Gazebo at the Community Center (I) Request to install speed humps on Hawthorne and Davenport streets (J) Approval to Install Traffice Signal on Spring Road at Intersection of Spring Creek Place/Countryside Lane (K) Authorize Mayor to Sign Agreement with Cobb County Soil & Water Conservation District to Perform in-house plan reviews. Councilman Wade Lnenicka moved that the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. August 3, 1998 —Continued COMMITTEE REPORTS: Mayor Bacon thanked everyone representing the City's departments that assisted with the 126th Birthday Celebration. He stated that he was proud of the event and that we couldn't have the celebration if it was not for the employees. He thanked Senator Paul Coverdell and Congressman Bob Barr for taking time to attend. Frank Hancock came forth with additional comments about planned development and how the growth affects the school system and how necessary it was to pass the 1 % tax. Mayor Bacon continued to thank Mobey from 10 1. 5 Kick, Wes Sargensin, and Banks and Shane. Councilman Newcomb reported that the traffic signal on Spring Road at intersection of Spring Creek Place/Countryside Lane will be working in the next day. Councilman Newcomb commended Candis Joiner for her patience and the good, comprehensive job she does typing the minutes. He encouraged citizens to vote Tuesday. Councilman Scoggins thanked all the citizens and workers that participated to help make the 126t' Birthday Celebration. He thanked Patty Bacon, Steve Ciaccio, and Maryclarie Andres, who worked long hours for the City. He thanked all departments that participated. Councilman Jim Hawkins also thanked employees and citizens for their help and expressed appreciation for the employee's hard work and long hours spent helping with the celebration. He commended all of those who helped on how well the place was cleaned up after the event. Councilman Hawkins also stated that several police officers at the annual Georgia Chiefs of Police had commended Sargent Zgonc on the excellent job he did teaching a class on community policing. He also commended Ken Hildebrandt, City engineer, who has been certified to do our water and soil erosion inspections. He is signing an agreement with Cobb County in which we can do our own onsite inspections. Councilman Cramer expressed appreciation and thanks to employees and citizens who participated in the birthday celebration. He also stated that Smyrna Cable filmed the event and carried it live. He noted that Tod Miller was responsible for bringing all of the children events during the celebration. Councilman Lnenicka also expressed appreciation and thanked everyone who helped with the birthday celebration. Councilman Lnenicka reminded that Howell Drive in Argyle Estates would be closed August 14, from 11:00 a.m. — 4:00 p.m. for filming. An outside production company will be using the City's fire and police departments to film a movie about drunk driving. He read a list of items from the National League of City's survey that people say make a family friendly city. Councilman Wood stated that the event was family friendly, enjoyable, and an outstanding event. Councilman Wood expressed sadness on behalf of the City due to the passing of Reverend Bud Abbot, who served as pastor of Smyrna First Baptist Church and was an important part of our community. Mayor Bacon also expressed condolences for the passing of Reverend Bud Abbot. Mayor Bacon recognized the Oakley Downs Subdivision that had at least sixty people attending the 1260' Birthday Celebration. He recognized the Smyrna Little Leagues for winning the state and we hosted the district. Mike Todd, candidate for State Senator, followed up with additional campaign comments. ADJOURNMENT With no further business, the meeting adjourned at 9:16 p.m. August 3 1998 — Continued A. MAX BACON, MAYOR MELINTDA DAME ON, CITY CLERK CHARLENE CAPILOU'TO, WARD I JACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 RON NEWCOMB, WARD 2 AMES M. HAWKINS, WARD 4