05-17-1999 Regular MeetingMay 17, 1999
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 J. Al Cochran, Fire Chief Larry Williams, Finance
Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library
Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful
Coordinator Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken
Hildebrandt, Community Development Director Robin Broyles, and representatives of the
press.
Invocation was given by Reverend Richard Hemphill, Trinity Baptist Church, followed by the
pledge to the flag.
Mayor Bacon introduced James Walker, Mayor for the day, and stated he would be sitting at
the podium with the elected officials.
CITIZENS INPUT:
Mayor Bacon recognized Human Resources Director Chris Corey who presented Firefighter
Randy Willis with the "Employee of the Month" award. Mr. Willis thanked the Mayor and
Council for the award.
Mayor Bacon asked Shelley Geter, Campbell High School, to come forward. Councilman
Cramer presented Ms. Geter with a check for $5,000 donated from the proceeds from the
Jonquil Jog. Ms. Geter thanked the city for the check and indicated it will be used by the
Campbell High School Foundation.
Mayor Bacon recognized Representative Randy Sauder who presented a proclamation to the
Smyrna Optimist Club.
Mayor Bacon asked Councilman Cramer to present sponsorship certificates to the sponsors of
the Jonquil Jog.
Mayor Bacon recognized Cherry Spencer -Stark. Ms. Stark stated she is seeking election for
the Western District Commissioner's seat vacated by Bill Cooper. Ms. Stark encouraged
everyone to vote in the June 15, 1999, special election and asked for their support.
Mayor Bacon recognized Mr. Terry Owen, Emory Adventist Hospital at Smyrna, who
announced 1999 is the 25' anniversary of their hospital.
Mayor Bacon stated Councilman Cramer had a proclamation he wished to present to the
National Rifle Association. Councilman Cramer read the proclamation and presented it to
members of the NRA who were present at the meeting. Councilman Cramer stated the NRA is
hosting a banquet at the community center on Tuesday evening, May 18.
Mayor Bacon asked Mike Jernigan, Emergency Medical Services, to come forward.
Councilman Hawkins read a proclamation in honor of EMS Week and presented the
proclamation to Mr. Jernigan. Mr. Jernigan thanked the city for the proclamation and
announced there will be an EMS picnic on Sunday, May 23, at Jim Miller Park and invited the
elected officials to attend.
PUBLIC HEARINGS:
(A) Alcoholic Beverage License Request - El Pastoracito - 350 Pat Mell Road - Retail
Pouring of Beer and Wine
Mayor Bacon stated this item was tabled from the May 3, 1999, meeting and asked the
applicants to come forward. Mr. Smith stated this is an agent and owner change for this
location and Mr. Ui Kyong Kim has been given a copy of the Alcoholic Beverage License
Ordinance and is a resident of Atlanta, Georgia. Mr. Smith stated the Police Department
investigation has indicated there is a problem with the application and have not approved the
issuance of the license. Mayor Bacon stated this is a public hearing and asked if anyone was
present in opposition to the granting of this license request. There was no opposition.
May 17, 1999, meeting - continued
Councilman Cramer stated there is a problem in the police report and asked Mr. Kim if he has
been back to the police department. Mr. Kim responded he has been back to the department.
Councilman Cramer made a motion this item be tabled to the June 7, 1999, council meeting in
order to allow this issue to be cleared up with the Police Department. Councilman Lnenicka
seconded the motion. Motion was approved 7-0.
(B) Variance Request - 677 Vinings Estates Drive - Lot 22C - Reduce Required Finish
Floor Elevation above Flood Plain from 3 Feet to 1 Foot
Mr. Smith stated the applicant states that when the foundation was laid the elevation was
inadvertently measured incorrectly and does not comply with the Ordinance requirement that it
be 3 feet above the 100-year flood plain. Mr. Smith stated the applicant has made
arrangements to have the finished floor one foot above flood plain and IS requesting the
variance as a hardship. Mayor Bacon asked the applicant to come forward and announced this
is a public hearing and asked if anyone was present in opposition to the granting of this
variance request. There was no opposition.
Councilman Wood asked Jeff Akin, Vice President of the West Region of Atlanta for John
Wieland Homes, to briefly explain how this situation occurred. Mr. Akin stated the builder,
who was working with a different engineer, read the label on the plat incorrectly. He stated
normally the designation of "HW" on a plat indicates high water mark but on this particular
plat it indicated head wall and is simply an error on their part. He stated they shot the head
wall thinking they were measuring the first floor elevation in this case the basement, from the
mark and discovered on a foundation survey that came about two months later that that was not
the case. Mr. Akin further stated that unfortunately the house at that point was already
constructed to the stage of having brick and was about to go into the dry -wall stage. He further
stated the house is under contract as a pre -sale and the purchaser is present tonight with their
real estate agent. Mr. Akin stated the potential homeowners are very aware of the situation and
they will make an addendum to their contract stating that they are aware of the situation and the
exact instances. Mr. Akin stated they have secured a certificate for flood insurance for this
house. Mr. Akin stated they have had three separate engineers analyze the situation to make
sure there will be no problems in the future with the flood plain and the engineers have assured
him they see no reason to feel there will be a problem. Mr. Akin stated that although they are
asking for a variance from 3 feet to one foot, they will have to raise the floor in the basement to
get to that point and would prefer a variance from 3 feet to .1 foot. Councilman Wood stated a
mistake was made and unfortunately the house was well under construction when the mistake
was recognized. Mr. Wood stated when the mistake was discovered, Mr. Akin came to the
city, explained the problem and had discussions with the city attorneys, City Engineer and the
Chief Building Official and has been working for the last several weeks on this issue. Mr.
Wood stated Mr. Akin brought the city the insurance binder on the property, the flood
insurance, and the acknowledgement from the purchaser of the home that they are aware of it
and accept that condition with that limitation. Councilman Wood made a motion that the
variance request of John Wieland Homes at 677 Vinings Estates Drive, Lot 22C to reduce the
required finish floor elevation above flood plain from 3 feet to one foot be approved.
Councilman Cramer seconded the motion. Councilman Lnenicka stated he wanted to clarify
that the finished elevation will be one foot and not .1 foot. Councilman Wood stated the
motion is for one foot and not .1 foot. Motion was approved 7-0.
(C) Rezoning Request - Atlanta Road (19.65 Acres) - From R-15 and O.I. to RAD-
Conditional
Mr. Smith stated Kim King, Five Kings, Inc., is present tonight to discuss the rezoning request
on Atlanta Road from R-15 and O&I to RAD-Conditional. Mr. Smith stated the applicant is
requesting to build 72 townhomes and 32 detached homes on 18.2 acres and if approved the
land use will be changed from low density residential to medium density residential. Mr. Smith
stated the original request was heard by the Planning and Zoning Board and revised and
forwarded to the Mayor and Council. Mr. Smith stated the Planning and Zoning Board did
support this request. Mayor Bacon stated this is a public hearing and asked if anyone was
present who wished to address this issue. Several persons came forward and were sworn in by
City Attorney Cochran.
Councilman Lnenicka stated this originally came to the council approximately eight months ago
with a request for a commercial development. Mr. Lnenicka stated the developer withdrew that
request after a period of a few days and spent about six months working on a residential
May 17, 1999, meeting - continued
concept for this area. Mr. Lnenicka further stated the Planning and Zoning Board reviewed the
plans that had seven units per acre divided between townhomes and single-family homes.
Councilman Lnenicka stated the original residential plans had the townhomes along Atlanta
Road and the single-family homes along the rear (east side along the railroad track) and
following comments at that hearing and a series of neighborhood meetings that he and Jim
Hawkins held with a number of their neighborhoods, the developer has come back with another
revised plan — copies of which were distributed to council this evening. Mr. Lnenicka stated
the revised plan changes the density down to a little over 5.5 units an acre and reduces the
number of townhomes by roughly 30 and adds a couple of single-family homes and there are a
number of stipulations that have been proposed and discussed if this is approved and would be
relevant to the property. Councilman Lnenicka stated the city has an agreement with the
Planning and Zoning Board where if during the process of coming forward to council for a
decision on a rezoning, the plan changes, that plan is returned to the Planning and Zoning
Board for review and a recommendation back to council on the new plan. He stated in this
case, due to some time elements involved, the Planning Commission approved this plan, the
original plan that was submitted to them, but also with the understanding made known to
council that if the developer came back with a revised plan that lowered the density and
remained a residential project, then they would not require the council to remit that plan back to
them for review. Councilman Lnenicka asked Mr. Kim King to discuss the project. Mr. King
stated they have negotiated and placed under contract approximately 18.8 acres which is the
subject property included in this rezoning application. Mr. King stated their original intent was
to come before council and seek a commercial rezoning and try to relocate some existing
commercial tenants in the Smyrna area with new, improved stores, as well as other new
tenants. Mr. King stated after that plan was submitted they very quickly realized the city
council and the city residents did not wish to see that occur and they withdrew that plan. Mr.
King stated they reviewed and analyzed the plan and have what they consider to be a very
exciting and viable residential market in Smyrna. He stated they hired various planners and
experts and other consultants to assist them in analyzing the site to re -adapt it for residential use
and that is what is being presented tonight. Mr. King stated the plan presented tonight was
modified as late as this afternoon and is a density of about 5.7 lots/units per acre as compared
to the original plan density of about 7 units/acre. Mr. King stated the original plan approved
by the Planning and Zoning Board had the townhomes on the south end of the site (technically
the west end along Atlanta Road) and the single-family detached homes would be on the east
end by the railroad tracks. Mr. King stated after consideration was given to several comments
heard from the various neighborhoods the plan was modified and in order to protect Mrs.
McGee (far south portion of the property) they changed the concept. He stated they took the
townhouses and moved them to the north end of the property and relocated the single-family
detached lots on the south end and they also connected the two developments by a winding road
that runs almost parallel to Atlanta Road. Mr. King further stated with those revisions and a
lowering of the density by about a third of the townhouse -attached and an increase of two lots
in single-family those are essentially the changes the new plan represents over what was
approved at the Planning and Zoning Board level. Mr. King stated he feels it is a better plan
and they appreciate the input they received from everyone. Kim King stated his brother, Buddy
King, and other representatives of the company met with Mrs. McGee and members of her
family this afternoon to work out some of the concerns that would affect Mrs. McGee's
property relating to this development and stated they have reached an agreement, which is in a
hand-written form, and they agree to having that become a part of the stipulations for the
rezoning. Councilman Lnenicka explained the layout of the visual presentation for the residents
and indicated the location of Mrs. McGee's property on the diagram. Councilman Lnenicka
asked Mr. King to describe the type of homes they hope to build and the price of the homes.
Mr. King stated the minimum home size, single-family detached, at 2,000 square feet; the
minimum townhome size will be 1,800 square feet and right now the marketing strategy would
be that the townhomes would start in the low $200,000 range and the single-family range would
start in the high $200,000 and go up from there. Mr. King stated he feels the buyers for these
units will be young, married couples and the older citizens. Mr. Lnenicka asked about the two
proposed entrances to the development and Mr. King responded there will be one entrance on
the far northern end that would be the direct serving road into the townhome development and
an entrance to the south end that would primarily serve the single-family detached lots. Mr.
Lnenicka asked if the southern entrance positioned on the plat would be directly across from
Collier Drive and Mr. King responded that was correct. Mr. Lnenicka stated they have talked
about if this moves forward Mr. King and the City Engineer would work together on a traffic
study that would determine whether or not that intersection should be signalized and if it would
be signalized the Five Kings, Inc., development would pay for that installation of the signal.
Mr. King stated they have agreed to pay up to $60,000 if that determination is made and it
makes sense to have a traffic light at that intersection. Mr. Lnenicka asked Mr. King to
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May 17, 1999, meeting - continued
describe the appearance of the development from Atlanta Road. Mr. King stated from the plans
the setback off of the Atlanta Road right-of-way, which is a very extensive right-of-way - 30
feet along Atlanta Road - and also the terrain in the middle gets a little low and then as you
move north it moves up and there is actually a bank berm that exists along the Atlanta Road
area as you move north. Mr. King stated there plans are to landscape in that setback buffer
area. Councilman Hawkins asked Mr. King about the appearance of the townhomes as
submitted on the plans - two-story above a garage and would they have the appearance of being
a three-story structure; brick fagade on the front. Mr. King responded that was correct. Mr.
Hawkins asked Mr. King if they had done any type study or walk-through about how many
trees could be preserved. Mr. King responded they have not but they will work with the
planning department and do the appropriate tree survey and try to preserve as much of the
natural terrain as they possibly can. Councilman Scoggins asked if the McGee family has
reached a tentative agreement on this proposal as of late this afternoon and Mr. King responded
that was correct.
Mayor Bacon recognized Ms. Christy Seagraves, 1428 Collier Drive, who stated she is
concerned about the proposed entrance being located across from Collier Drive and the possible
traffic signal at that intersection. Ms. Seagraves stated she is very happy with the development
but feels her neighborhood will suffer for the convenience of the people getting in and out of
the new neighborhood and is opposed to the location of the proposed entrance to the new
development and feels it will create increased traffic in her neighborhood.
Mayor Bacon recognized Ms. Martha Lavonic, 1473 Collier Drive, who stated she is not
opposed to the development but is opposed to the entrance being directly across from Collier
Drive due to the reasons stated by Ms. Seagraves.
Mayor Bacon recognized Mr. Daryl Butler, 2961 Highland Drive, who asked about the water
runoff from the proposed development. Mr. John Threadgill, Kim King & Associates,
responded there will be a retention pond on the eastern edge of the property down at the lowest
point of the site and indicated it will be located between the single-family detached and single-
family attached portions of the project - almost right in the center line of the project - that
would be engineered to accommodate a capacity of 110% of the 100-year flood plain.
Councilman Hawkins asked if they have plans to landscape the retention pond and Mr.
Threadgill responded they do and their intention is such that persons would not notice it is a
retention pond and it will have the character of a natural low area and they will maintain some
of the existing trees to the greatest extent that they could and try to provide a natural rock
enclosure using earth also to create the enclosure. Mr. Threadgill indicated on the visual
display the location of the retention pond which will be near the railroad tracks and not visible
from Atlanta Road. Councilman Lnenicka expressed his appreciation to Mr. Threadgill for
working with the city and stated the city has asked most developers recently to not do the very
minimum required by the Code - which is 100% of the capacity - but to retain or detain 110%
of that capacity to not only be equal to what was there before but to better the situation in terms
of downstream runoff from what is there today and appreciates Five Kings, Inc. working with
the city. Councilman Newcomb stated he had been concerned about the water situation
downhill because of the flooding the folks have on Highland Drive and this is pretty good bit
removed from Highland Drive with a few detention areas in between. Councilman Newcomb
reiterated this will detain 110%, at a minimum, of the water that would come off the site as it
comes under the railroad.
Mayor Bacon recognized Brian Shinall, grandson of Mrs. McGee, who asked why the property
was being rezoned from R-15 to RAD-Conditional. Councilman Lnenicka stated the city did
not seek to rezone the property at all, the property owners over the years have talked with the
city about what they could do with their property. Councilman Lnenicka stated many of the
property owners are elderly and there is an investor -owned property in the middle that is
currently vacant and then the Trinity Baptist Church on the southern end of the property. Mr.
Lnenicka stated he and the Mayor had met with those property owners several years ago as the
residents had been approached by real estate people who talked to them about the potential use
of their property,. impossibly a strip shopping center. Mr. Lnenicka stated he and the Mayor told
the residents that was not the city's vision for Atlanta Road and that it was a residential corridor
and if people were suggesting that that kind of development was in their future, he and the
Mayor wanted to be straight with them up front that they needed to think a different way.
Councilman Lnenicka stated neither he, the Mayor or any member of council have actively
sought to encourage these people, Mrs. McGee included, to leave their homes or to redevelop
their property or to rezone it in anyway. He further stated this proposal was brought to the city
by Five Kings, Inc., and they are simply responding to that as required by law. Mr. Shinall
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May 17, 1999, meeting - continued
stated he was concerned about the single-family attached homes and what guarantee the
residents would have in thirty years that these facilities would remain owner -occupied. Mr.
Shinall stated he felt the Planning and Zoning Board should never have passed the original plan
of seven units per acre and feels that goes completely against the Code and stated he felt it
should have been six units per acre for a RAD-Conditional zoning. Mr. Shinall talked about
the tree survey for the property and stated he feels the city should re-evaluate its tree ordinance.
Councilman Lnenicka stated he would like to respond to Mr. Shinall's comments. Mr.
Lnenicka stated most of the members on council shared his views in terms of rental property.
Mr. Lnenicka stated if the city could pass a legal law that would outlaw rental property they
would but the city attorneys state that can not be done. Mr. Lnenicka stated the city has tried
everything they can during their term on council to encourage single-family resident ownership
of the properties. Councilman Lnenicka stated the apartment moratorium has been in effect for
a number of years. Councilman Lnenicka stated that even in the nicest, most expensive
neighborhoods, there are rental houses and houses that are leased so there is no guarantee that
everything will always be owner -occupied. Councilman Lnenicka stated the tree ordinance
does require the developer to do a survey of the trees and before any plans are approved they
have to go out and mark certain trees, or trees over a certain size, and show those on the plans
when they are presented to the Development Department for review and approval before they
start anything. Councilman Lnenicka stated the city will then try to work lot lines, house
locations, streets, sewer lines and whatever, as much as possible with the staff around those
trees and try to save as many as they can. Councilman Lnenicka stated he has a copy of the
newly passed Cobb County Tree Ordinance and stated the city is studying this ordinance to see
if there are things the County has done that the city can implement in our city and its ordinance.
Mr. Shinall stated he still feels the property should remain zoned R-15. Councilwoman
Capilouto stated she would like to invite Mr. Shinall to tour the Afton Downs Subdivision -
townhomes, fee -simple, no required association dues, voluntary association, but with a very
strong Board of Directors, the covenants are basically mostly city ordinances except for a few
aesthetic things such as the color of the houses. She further stated that she firmly believes with
a very strong association who enforces the covenants you can have a lovely subdivision.
Councilman Hawkins stated if the city had an R-15 zoning before them tonight the city would
be delighted and it would pass without question. He then stated the city is not considering an
R-15 because the developer did not request that zoning.
Mayor Bacon recognized Michael Swift, 2951 Highland Drive, who thanked the council for
calming the fires from a commercial property that was initially intended for this property and
getting it down to something more palatable such as this. Mr. Swift stated he has serious
reservations about the development. He stated he hated to see a lot of attached buildings go
into place and expressed his hope that the city would do something to limit the amount of
attached homes in favor of more detached homes. Mr. Swift stated he was also concerned
about the increased traffic.
Mayor Bacon recognized Lisa Stockdale, Creatwood Forest resident, who stated she supports
the proposed development.
Mayor Bacon recognized David Newcomb, 1502 Paces Ferry North, who stated he is in favor
of the development.
Mayor Bacon recognized Mr. Jack Shinall, son-in-law of Mrs. Helen McGee, who stated he
would like to thank Buddy King, Kim King and John Threadgill for meeting with them so many
times. He stated that Mrs. McGee did agree to several things that protect her interests this
afternoon and they all are good points.
Mayor Bacon recognized Ms. Nancy McGee, 1389 Roswell Street, who asked about the visual
display and the location of the three-story townhomes and single-family homes indicated on the
plan. Mr. Threadgill responded there is a combination of three-story units and single -story
ranch style units among the townhouse product. He further stated it is their intent currently to
place most if not all of the ranch units along the Atlanta Road frontage so that they have a less
high profile and they may mix those in for some variety mix as they would within the
development overall. He stated it is their primary intent to use the lower roof profile of the
ranch style units in addition to the landscaping and setbacks to try to reduce the impact of the
townhouses from Atlanta Road. Mr. Threadgill stated the garages will open up to the interior
roads so that the rear portion of the townhome will be facing Atlanta Road. Mr. Threadgill
stated it is their intent to provide a product that the back of the unit doesn't look like the typical
back of a unit but would actually be a very nice product to look at from either side. Ms.
McGee asked if the back of the unit will be brick and Mr. Threadgill responded that the back of
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May 17, 1999, meeting - continued
the unit in all cases will not be brick. Ms. McGee stated she had a problem with the high
density and the appearance from Atlanta Road.
Mayor Bacon recognized Mr. John Vincent, 3314 Dunn Street, who stated he was concerned
about the traffic issues for his street and Collier Drive and the proposed traffic light. Mr.
Vincent stated he was curious about the appearance of three-story units along Spring Road.
Councilman Cramer asked Mr. Vincent if a red light would help deter people from turning left
into his neighborhood. Mr. Vincent stated he personally would look at it as an opportunity to
take a left instead of going to the next red light at Concord Road. Councilman Hawkins stated
the Exxon station at the corner of Spring and Atlanta Road is not part of this development and
once you pass the Exxon station the elevation of Spring Road gets pretty high. Mr. Hawkins
further stated when you talk about the three-story high houses he did not believe they would be
sitting way up above the road. Mr. Vincent asked how far back from the road the houses
would sit. Mr. Hawkins stated the Spring Road right-of-way is pretty substantial and the
houses will be sitting substantially lower than the street.
Paula Weeks, 3099 Lee Street expressed concerns with the traffic light at Collier Drive and
stated she had spoken to council several weeks ago about the closing of Quarles Avenue. Ms.
Weeks said she did not want to have to come back again when the Heritage at Vinings
subdivision owners requested a traffic light and suggested that the City carefully study the
entire Atlanta Road corridor to determine the needs and do some long term planning before. the
light is installed. Jim Hawkins advised Ms. Weeks that the issue of the light came about from
the City and not the developer because we did not want the taxpayers to bear the cost of
signalization if it is needed.
Kim King responded to several of the concerns and stated the suggestion of aligning the new
street with Collier Drive was to maximize safety because offset streets cause more of a traffic
hazard. Market value of the property dictates the density for development and the economic
reality is that they must have greater density and could not afford to pay what they were paying
and get less density. They have addressed concerns with water runoff and have agreed to
construction of detention facilities to retain up to 110 % . A tree survey has not yet been
conducted but the only to maximize value of the homes is to make them aesthetically pleasing
and they will retain as many trees as possible. Mr. King said if necessary, they would ask for
variances to save trees and would not table top the site and leave it bare.
Mr. King said another issue that has not been discussed is their need for a private lift station
because it will be difficult to provide a gravity flow sewer line on this site. Without the lift
station they could not guarantee preservation of many of the trees because the elevation will
have to be raised significantly for a gravity flow line. Mayor Bacon and several council
members expressed concerns with the private lift station and advised that the City has spent a
considerable amount of money during the last few years to install adequate sewer lines so that
they could be eliminated. Although private, in the event of mechanical failure the City would
probably be called upon for repairs. Mr. King said their best option is to bore the railroad
tracks on the east side of the property if they can get an easement, but in the even that is not
possible asked that council leave this option open for consideration.
Councilman Lnenicka reviewed the following proposed stipulations with Buddy King and asked
if he was in agreement with them.
ZONING STIPULATIONS FIVE KINGS, INC. DEVELOPMENT ON ATLANTA ROAD
1. There shall be protective covenants on all lots and there shall be two mandatory
Homeowners Associations for the development.
2. Adequate storm water detention shall be provided such that the development creates a 10%
reduction in a 100-year storm event. All plans must be approved by the City Engineer.
3. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes
within the development. Retention ponds will be built to hold at least 110 % of normal code
required capacity subject to approval by the City Engineer.
4. All utilities within the development will be underground.
5. The developer will comply with the City's current tree ordinance and preserve as many of
the existing trees as possible.
6. A decorative gazebo or other like structure will be constructed by the developer within a
common area.
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May 17, 1999, meeting - continued
7. There shall be two landscaped front entrances with signs indicating the name of the
development. The flowers to be planted will include jonquils, the City flower.
Deceleration lanes shall be provided at each entrance as required by the City Engineer.
8. The protective covenants will require all non-resident property owners to keep the
Homeowners Association advised on the current address and phone numbers where they
can be reached.
9. The minimum heated and cooled floor space for the townhomes will be 1,800 square feet,
and for the detached single family homes it will be 2,000 square feet.
10. All homes and townhomes will have a two -car garage with doors. At least 80% of the
garages will have two doors.
11. A minimum of 20 feet in depth of brick, concrete or stone pavers will be installed at both
entrances to the development.
12. A combination of fencing and/or landscaping will be installed on Atlanta Road frontage
only to buffer the development and provide privacy. The depth of the landscaping along
the entire Atlanta Road frontage shall be a minimum of 20 feet. There shall be planted on
the Atlanta Road frontage at least one 2 inch caliper tree for every 30 feet of road frontage.
13. No debris may be buried on any lot or common area.
14. The developer will install decorative streetlights within the development, subject to
approval by the City Engineer.
15. The protective covenants will require that all front yards be sodded. Disturbed areas will
be grassed, sodded or replanted, and common areas will be grassed, sodded or landscaped,
and irrigated, as appropriate.
16. Minimum building setbacks for the townhomes shall be as shown on the zoning drawings
submitted:
A. Front: 10 Feet
B. Rear: 30 feet on exterior units, 25 feet on interior units.
C. Side: 30 feet on exterior units, 10 feet on interior units, 0 feet between attached units as
per the zoning plan submitted.
17. Minimum buildings setbacks for the detached single family homes shall be as
shown on the zoning drawings submitted:
A. Front: 10 Feet
B. Rear: 30 Feet, except 50 feet for homes that back up to the southern property line.
C. Side: 5 feet , with a minimum of 15 feet between buildings.
18. The only construction entrances shall be the sites of the 2 permanent entrances into the
development.
19. No construction trailers or stored equipment shall be located within 200 feet of the home
next to the southern property line, and no closer than 100 feet to the southern property line.
20. The existing driveways for the homes and the church shall be dug up and removed in their
entirety. Special care will be taken not to damage the existing fence owned by the
homeowner on the southern boundary. If there is any such damage, the developer agrees to
repair it immediately at developer's expense.
21. The developer agrees to install a Shadow Box fence along the entire length of the southern
boundary, with height varying from 4 feet to 8 feet to be determined by Mrs. McGee. The
developer also agrees to remove her existing fence. The developer agrees to plant Burford
Hollies, Savannah Hollies, Hemlocks, White Pines no less than 4" caliper and no less than
10 feet - 15 feet high along the southern boundary, 10 feet staggered on center. If the site
is ready for planing between October, 1999, and February, 2000, the developer will plant
trees at that time. Any planted trees on the southern boundary line that die or are damaged
during development will be replaced promptly by the developer. Trees will be planted in a
25-foot width along the southern boundary property line. Planting area will be kept in good
condition by the homeowners to the maximum extent possible. Care will be taken to
protect Mrs. McGee's trees when the church and its parking lot are demolished and, if
plants and trees are damaged due to the fault of the developer, developer will incur all costs
of replacement and damage. Developer will keep all heavy equipment off of the drip line
of the red oak by fencing along Mrs. McGee's property line. Developer will pressure wash
Mrs. McGee's house when the grading is finished. Developer will not seek condemnation
from Mrs. McGee for any easements on her property.
22. The developer will fund a traffic signal warrant study at the proposed entrance on Atlanta
Road at Collier Drive. This study will be done with guidance from the City Engineer. If a
traffic signal is determined by the City Engineer, in his sole discretion, to be needed, the
developer will fund its design and installation, up to a maximum amount of $60,000
including the traffic signal warrant study. Such signals will utilize mast arm poles and meet
all requirements set forth by the City Engineer.
23. All landscape plans must be prepared, stamped and signed by a Georgia Registered
Landscape Architect for common areas and entrances.
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May 17, 1999, meeting - continued
24. All "B" & "B" (ball and burlap) trees must be machine dug in a wire basket, unless
approval to hand -dig the holes is requested in writing in advance. The Chief Building
Official or his designee may approve such requests.
25. The detached homes will have a minimum of three sides masonry with accent fronts.
26. Patios will be allowed to extend over the building line as long as they are not covered or
enclosed. This stipulation can not cause a conflict with Stipulation # 12 and #21.
27. No additional right-of-way on Atlanta Road will be required to be deeded from the
developer, other than as necessary to provide deceleration lanes as called for in Stipulation
#7.
Mr. King stated he was in agreement with the above listed stipulations. Councilman Lnenicka
made a motion that the rezoning request for 18.2 acres on Atlanta Road from R-15 and O.I. to
RAD-Conditional be approved with the above listed stipulations. Councilman Cramer seconded
the motion. Councilman Scoggins stated he had received a letter from a resident urging the city
to follow the guidelines in Vinings. He stated for the record that there are 21,000 apartments
in Vinings and he does not want the city to follow that track and will support this development.
Councilman Newcomb stated in the last year and a half he has voted against three rezonings
that have come before the council for various reasons - trees, traffic or water - but those
zonings had densities of 100 units at 9.6 units/acre; 48 units at 12 units/acre; 37 units at 11.5
units/acre on Spring Street, Matthews Street, Vinings Forest Condominiums, and Spring Road
at Elmwood. Mr. Newcomb stated tonight the city is faced with a different situation as the
proposed zoning is half that and he will support the development. Motion to approve the
rezoning was approved 7-0.
(D) Land Use Change - Atlanta Road (19.65 Acres) - From Low Density Residential to
Medium Density Residential
Councilman Lnenicka stated this will place the property in the future land use category that will
match the current zoning now that the rezoning has been approved. Mayor Bacon stated this is
a public hearing and asked if anyone was present who wished to make any public comment
concerning this land use change. There was none.
Councilman Lnenicka stated this will bring the current land use map up to what the current
zoning now will be on the property. Councilman Lnenicka made a motion to approve the
request to change the future land use from Low Density Residential to Medium Density
Residential. Councilman Hawkins seconded the motion. Motion was approved 7-0.
(E) Alcoholic Beverage License Request - Leroy's Liquor - 2230 South Cobb Drive -
Retail Package Liquor, Beer and Wine
Mr. Smith stated this is an owner and agent change. Mr. Leroy Burns is listed as the proposed
agent for the establishment and he has met with the business license officer and been given a
copy of the Alcoholic Beverage Ordinance and is a resident of Marietta, Georgia, and the
Police Department investigation revealed nothing that would preclude the issuance of the
license to Mr. Burns. Mayor Bacon stated this is a currently licensed location and has been in
business for a number of years. Mayor Bacon stated this is a public hearing and asked if
anyone was present in opposition to the granting of this agent change. There was none.
Councilman Cramer asked Mr. Burns if this location was near the intersection of Benson Poole
Road and South Cobb Drive and he responded that was correct. Mr. Cramer asked Mr. Burns
if he had been furnished a booklet from the Business License Officer and if he understood the
ordinance and Mr. Burns responded yes. Councilman Cramer cautioned Mr. Burns that the
city periodically conducts sting operations. Mr. Cramer stated the Police Department
investigation revealed nothing that would preclude the issuance of the license to Mr. Burns.
Councilman Cramer advised Mr. Burns it would be best to card everyone who purchases
alcoholic beverages. Mr. Burns stated it is their policy to card everyone under age 35.
Councilman Cramer made a motion to approve the alcoholic beverage license request for retail
package of liquor, beer and wine for Leroy's Liquor, 2230 South Cobb Drive, with Mr. Robert
Burns as the agent. Councilman Hawkins seconded the motion. Motion was approved 7-0.
(F) Alcoholic Beverage License Request - Best Wine & Spirits - 2350 Spring Road -
Retail Package Liquor, Beer and Wine
:
May 17, 1999, meeting - continued
Mr. Smith stated this is a proposed owner and agent change and Mr. Weon Shik Chang will be
the proposed agent for the establishment. Mr. Smith stated Mr. Chang has met with the
Business License Officer and has been given a copy of the Alcoholic Beverage License
Ordinance and it has been reviewed with him. Mr. Smith stated Mr. Chang is a resident of
Georgia and the Police Department investigation revealed nothing that would preclude the
issuance of this alcoholic beverage license. Mayor Bacon stated this is a public hearing and
asked if anyone was present in opposition to the granting of this license. There was none.
Councilman Newcomb asked Mr. Chang about the name on the application being spelled
"Chung." Mr. Soo Po Chan, attorney for Mr. Chang, stated the name of the applicant is
Weon Shik Chang and Mr. Won Kil Chang, the owner, is also present tonight. Mr. Newcomb
asked what type experience Mr. Weon Shik Chang has in operating this type store and Mr.
Gene Choy, an associate with Mr. Chang, stated that Mr. Chang has been in the grocery retail
business for about 20 years and has been in Smyrna about ten years and is familiar with the
City of Smyrna. Mayor Bacon asked if the grocery store they formerly owned sold alcoholic
beverages and Mr. Choy stated they did. Councilman Newcomb asked Mr. Choy if both Mr.
Chang's understood English well enough to ask patrons for identification and Mr. Choy
responded they do. Mr. Newcomb asked Mr. Chang if he understands the rules about
requiring identification from patrons who come in to make purchases and he responded he did.
Mr. Newcomb asked what type identification they would accept and check. Mr. Chang stated
he understands patrons have to be over age 21 and they will ask for driver's license. Mr.
Newcomb asked Mr. Chang if he understands the police department conducts sting operations
and Mr. Chang responded he understands that. Councilman Newcomb urged Mr. Chang to
check identification for all patrons wishing to purchase alcohol. Mr. Choy stated he always
advises his clients of the importance of the ordinance and the consequences of violations of not
only the city's ordinances but the State requirements as well. Mr. Newcomb asked if Weon
Chang is an U.S. citizen and his brother, Mr. Won Kil Chang, is not an U.S. citizen and that is
the reason Mr. Weon Shik Chang is applying for the license. Mr. Choy stated that is correct.
Councilman Newcomb stated he feels there may have been some confusion when the
background investigation was done on which of the applicants was being investigated.
Councilman Newcomb made a motion to approve the alcoholic beverage license request for
package liquor, beer and wine for Best Wine & Spirits, 2350 Spring Road, with Mr. Weon
Shik Chang as the agent and with the condition that the Police Department check is done on
both applicants and their spouses. Councilman Wood seconded the motion. Motion was
approved 7-0.
(G) FY 2000 Proposed Budget
Councilman Lnenicka stated the city is required by law to give public notice that the proposed
budget for the City of Smyrna's fiscal year 2000, totaling $35,081,147 is available to residents
for review prior to adoption by the governing authority. He stated the budget is on file and
available for review in the Finance Department at Smyrna City Hall, 2800 King Street,
Smyrna, Georgia, Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. Mr.
Lnenicka stated the budget will be presented for adoption at a public hearing scheduled for June
7, 1999, at 7:30 p.m. Smyrna City Hall, 2800 King Street, Smyrna, Georgia. Councilman
Lnenicka thanked Claudia Edgar, Howard Smith and the staff for their work in preparing the
budget and stated the budget proposed includes a millage rate reduction from 11.2 to 11.1; the
breakdown of revenues, property taxes are 37% and other taxes - 25%; licenses and permits -
7%; fines and forfeitures - 9%; sales and service charges - 16%; and miscellaneous revenues
6 % . Mr. Lnenicka stated in terms of expenditures, the total general government is 23 % of the
budget; total public safety is 42 %; community services is 13 % and public works is 22 % . Mr.
Lnenicka stated the budget does contain six full-time proposed positions and a number of part-
time positions in various departments. Councilman Lnenicka stated they will meet again at the
June 7, 1999, council meeting to formally review and with the permission of the council adopt
the budget for fiscal year 2000. Mayor Bacon stated this is a public hearing and asked if
anyone was present who wished to make any public comment concerning the budget. There
was none.
FORMAL BUSINESS:
(A) Tentative Approval of Site Location for Future Veterans Memorial
Mayor Bacon asked that this issued be addressed at the first of the meeting and asked Bill
Lnenicka, chairman of the Veterans Memorial Committee to come forward. Councilman
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May 17, 1999, meeting - continued
Cramer stated the Mayor and Council had formed a Veterans Memorial Committee in order to
honor the veterans of Smyrna and Cobb County. Mr. Cramer asked Mr. Lnenicka to update
the council on the committee. Mr. Lnenicka stated the mission of the committee and that it was
charged with erecting a memorial to honor the veterans. He further stated it is the desire of the
committee to place this monument on the tentative site between the Library and the intersection
of King and Bank Streets on the Village Green pending approval of the final design. Mr.
Lnenicka stated the committee is negotiating with three architectural firms to see what their
interest is and what proposals they might make for the design concept, final design and the
working drawings, construction supervision, etc. He stated the committee will then raise the
funds for the memorial as the city will furnish the land.
Mayor Bacon stated the issue before the council tonight is the tentative approval of this
particular site and the Downtown Development Authority will also have to approve the site
location. Mayor Bacon stated the approval is tentative until the plans are seen and those will be
shared with everyone. Councilman Cramer made a motion to approve the tentative site location
for the Veterans Memorial on the Village Green between the Library and the intersection of
King and Bank Streets and also subject to the approval of the Downtown Development
Authority and the final plans to be submitted to the elected body. Councilman Hawkins
seconded the motion. Motion was approved 7-0.
(B) Validate Petition to Annex Property — 3400 Lee Street (.43 Acre), Land Lot 525, 17'
District, 2" d Section, Cobb County, Georgia
Councilman Hawkins made a motion that the petition by William M. and Irma H. Weaver to
annex the property at 3400 Lee Street (.43 acre), Land Lot 525, 171' District, 2'd Section, Cobb
County, Georgia, (legal description below) be validated and a public hearing set for June 21,
1999. Councilman Lnenicka seconded the motion. Motion was approved 7-0.
All that tract or parcel of land lying and being in Land Lot 525 of the 17' District, Second
Section, Cobb County, Georgia, being part of Lots 7 and 8 of a subdivision of property of Mrs.
Floy V. Cadle as shown on plat recorded in Plat Book 10, page 66, Cobb County records,
more particularly described as follows:
BEGINNING at a point on the West side of Lee Street at the southeast corner of property
conveyed to Richard H. Hoag by deed recorded in Deed Book 279, page 368, Cobb County
records, which point is 690 feet South from the North line of said Land Lot. No. 525; thence
South 100.5 feet to an iron pin; thence West 186.3 feet to an iron pin; thence North 99.7 feet to
the Southwest corner of the property now or formerly owned by Richard H. Hoag; thence East
along the line of said property 179.5 feet to Lee Street at the point of beginning, being
improved property formerly known as No. 604 Lee Street (n/k/a 3400 Lee Street) according to
the present numbering of houses. This being the same property conveyed by V. G. Jones to
William M. Weaver by Warranty Deed dated September 10, 1954 recorded in Deed Book 285,
page 294, Cobb County records; and described at Deed Book 303, page 101; and Deed Book
389, page 360, Cobb County records.
(C) Approval of Proposed Disability Leave of Absence Without Pay Policy
Mr. Smith stated this item is at the recommendation of the city attorney and the re -insurer on
the city's self insurance program. He stated the purpose of the policy is to establish procedures
and classifications for those employees that do not return to work at the conclusion of short
term disability and to give them a classification while they are on long term disability and to
deal with insurance related issues.
Councilman Wood stated this provides the actual document on disability leave of absence issues
and provides appropriate definitions and has been reviewed by the Human Resources
Committee and the City Attorney who have approved it. Councilman Wood made a motion to
approve the proposed disability leave of absence without pay policy as published. Councilman
Cramer seconded the motion. Councilman Hawkins asked Mr. Wood what the city was trying
to accomplish by adopting this policy. Councilman Wood stated the city did not really have a
policy regarding disability leave of absence without pay and this clarifies it in accordance with
all the appropriate legal acts, ADA, and all the others. He stated this has been recommended
by the attorneys because the city did not have policy to cover this situation. Councilman
Hawkins asked if it affects employees at the time they finish their short term disability, if they
apply for long term disability and will this put them on a special status that the city has not had
in the past. Mr. Hawkins stated that even though employees get preferential treatment for re-
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May 17, 1999, meeting - continued
hire, they are considered for all intents and purposes no longer employed. Mr. Wood stated
that was correct. Motion was approved 7-0.
(D) Validate Petition to Annex Property on Argo Road/Lewis Drive, Land Lot 617, 17'
District, 2nd Section, Cobb County, Georgia
Councilman Wood stated this is additional property that Glen Devon -Chastain Glen
Organization headed by Tommy Eubanks, Neal Peavy and their associates, has acquired to
become a part of the new subdivision at Argo Road and Lewis Drive to be called Woodland
Gates. Councilman Wood made a motion that the petition from the six property owners
identified in the petition be validated and a public hearing date set for June 21, 1999, (legal
description below) to make a final decision on this request. Councilman Lnenicka seconded the
motion. Motion was approved 7-0.
All that tract or parcel of land lying and being in Land Lot 617, of the 17' District, Cobb
County, Georgia, and being more particularly described as follows:
Beginning at the intersection of the northern line of Land Lot 617 and the westerly Right -of -
Way of Argo Road; said point being the point of beginning; thence proceeding N 88 degrees 40
minutes 44 seconds East, a distance of 48.68 feet to the easterly Right -of -Way of Argo Road;
thence proceeding North 40 degrees 07 minutes 15 seconds East, along the easterly Right -of -
Way of Argo Road, a distance of 10.91 feet to a point; thence proceeding South 67 degrees 29
minutes 34 seconds East, a distance of 17.24 feet to a point at the southerly Right -of -Way of
Lewis Drive; thence proceeding South 47 degrees 23 minutes 57 seconds East, along the south
westerly Right -of -Way of Lewis Drive, a distance of 124.36 feet to a point; thence proceeding
South 22 degrees 30 minutes 45 seconds East, along the south westerly Right -of -Way of Lewis
Drive, a distance of 76 feet to a point; thence proceeding South 17 degrees 43 minutes 11
seconds East, along the south westerly Right -of -Way of Lewis Drive, a distance of 169.01 feet
to a point; thence proceeding South 22 degrees 49 minutes, 36 seconds East, along the south
westerly Right -of -Way of Lewis Drive, a distance of 65.63 feet to a point; thence proceeding
South 28 degrees 38 minutes 57 seconds East, along the southwesterly Right -of -Way of Lewis
Drive, a distance of 5.57 feet to a point; thence proceeding South 45 degrees 11 minutes 39
seconds West, a distance of 97.67 feet to a point; thence proceeding North 33 degrees 04
minutes 19 seconds West, a distance of 146.95 feet to a point; thence proceeding South 46
degrees 19 minutes 13 seconds West, a distance of 73.25 feet to a point; thence proceeding
North 48 degrees 28 minutes 37 seconds West, a distance of 295.52 feet to a point; said point
being at the south easterly Right -of -Way of Argo Road; thence proceeding North 40 degrees 58
minutes 28 seconds West, a distance of 40.22 feet to a point; said point being located at the
north westerly Right -of -Way of Argo Road; thence proceeding North 80 degrees 16 minutes 38
seconds West, a distance of 188.63 feet to a point; thence proceeding North 05 degrees 51
minutes 18 seconds East, a distance of 114 feet to a point; thence proceeding North 89 degrees
37 minutes 51 seconds East, a distance of 156.43 feet to a point; thence proceeding South 89
degrees 40 seconds 37 seconds East, a distance of 199.57 feet to a point; said point being the
point of beginning.
(E) Approval of 120-Day Extension Option Outlined in O.C.G.A. 36-70-25
Mr. Smith stated this is a part of the process the city is going through relative to HB 489 that
all the cities in Cobb County and the County and all the cities across the State and the counties
are involved in. Mr. Smith stated that due to the difficulty in reaching agreements, a new law
was enacted this past year that related to HB 489 that gave those cities and counties that had
been unable to reach a Service Delivery Strategy agreement, the opportunity to continue
working on it for a 120-day extension period. Mr. Smith stated Cobb County and the other
cities of Cobb are about the business of requesting that extension and this is the request the City
of Smyrna is making to comply with the request from Department of Community Affairs for a
120-day extension to continue discussions on Service Delivery Strategy.
Councilman Lnenicka stated Mayor Bacon had received a letter from Jim Higdon,
Commissioner of the Georgia Department of Community Affairs, dated May 3, 1999,
reminding the city of the deadline to have a Service Delivery Strategy in place by July 1 and
also reminding the city that the July 1 deadline may be extended for up to 120 days if the
county and the same cities required to adopt the strategy agree in writing to do so. Mr.
Lnenicka stated local governments that have applied for a 120-day extension with the DCA will
not be subject to any of the sanctions until October 29, 1999. Councilman Lnenicka stated he
has concerns that the city will be able to adopt a strategy in time to avoid those sanctions but
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May 17, 1999, meeting - continued
the city is working on it and has been working on it diligently for a year and a half to try to
negotiate a service delivery strategy with the County and with the other cities in Cobb County
together. Councilman Lnenicka stated the DCA is encouraging the city to either submit the
strategy or request an extension by June 1, 1999, and there is no way the city would be able
physically, without a partner in our negotiations, to adopt a strategy by June 1. Councilman
Lnenicka made a motion that the city extend the deadline permitted in Official Code of Georgia
Annotated Section 36-70-25 to extend the deadline for compliance with the Service Delivery
Strategy for 120 days. Councilman Wood seconded the motion. Motion was approved 7-0.
COMMERCIAL BUILDING PERMITS:
There were none.
BID AWARDS:
(A) Bid Award (Bid #99005) - Painting of Interior of Library
Councilman Scoggins stated the low bid received from Preferred Construction d/b/a Preferred
Management, Inc., is for $9,226.84, to paint the interior of the library. Councilman Scoggins
made a motion the bid for painting the interior of the library be awarded to Preferred
Construction d/b/a Preferred Management, Inc., low bidder meeting specifications, for a total
cost of $9,226.84. Councilman Cramer seconded the motion. Councilman Newcomb stated the
library does need to be painted and this is a good bid. He further stated his concern is that
since the library opened, there has been an odor in the building and although the city has had it
tested and made a lot of good -faith efforts to try to determine the source of the odor -
something in the ceiling - and he wished the city would hold off on awarding the bid until some
decision is made on how to seal or treat in some way the wood in the ceiling in the library to
get the odor out of there. He stated with that in mind, he made a motion to table the bid award
until such time as the city could determine how to deal with the ceiling and do both jobs at the
same time. Councilman Cramer stated the Purchasing Manager made this recommendation to
the committee. Motion died for lack of a second. Mayor Bacon stated he agreed
wholeheartedly with Mr. Newcomb that the odor has been in the library for almost ten years
and the city has raised the question to Sizemore Floyd and J. A. Jones (the builder) and the city
has never been able to get an answer. He stated the city has been assured there is nothing toxic
with the odor and the last proposal was for about $15,000 to paint the beams or to seal the
beams and then at that time there was still no guarantee that that would eliminate the odor.
Mayor Bacon stated he wanted to go on record tonight to say that if Sizemore Floyd and J. A.
Jones (now Metric Constructors) will share in the cost, which they should, let them spend the
$15,000 at the time the city paints. Mayor Bacon stated he feels the issue of the odor should be
resolved once and for all and in all honesty the odor has been there for almost ten years and no
one has been able to tell the city how to eliminate the odor. Councilman Newcomb stated he
knows everyone present is concerned about the odor and he is frustrated that at some point the
city has to go from concern to someone actually getting a brush and putting something up there
to seal it. Councilman Lnenicka stated he supports the motion to award the bid to the low
bidder and note that the original budget allowed for $12,000 and this is almost 25 % under
budget even with the alternate bid considered and commended the Purchasing Manager for
solicitation of the bids and Councilman Scoggins for moving forward on this. Motion to award
the bid was approved 6-1 with Mr. Newcomb opposed.
CONSENT AGENDA:
(A) Approval of May 3, 1999, Minutes
(B) Approval to Use R&E Funding Contract Unit Pricing - Water Main Replacement on
Shirley Street
(C) Approval to Use R&E Funding Contract Unit Pricing - Sewer Main Extension (Old
Roswell Road)
(D) Approval to Use R&E Contract Unit Pricing - Cast Iron Water Main Replacement on
Hill Street
(E) Approval to Request Bids - Concrete Pricing
(F) Approval of CDBG Fund Transfer Request - From Projects 960069 ($21,226.82) and
930021 ($4,568.12) For Landscape Materials, Park Benches, Crushed Stone, Drain
Materials and Other Site Provisions for Senior Church Street Pavilion
(G) Approval of LAU28 8531-26(67) LARP Contract - Concord Road - Plant Mix
Resurfacing
(H) Renewal of CDBG Agreement
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i I I
May 17, 1999, meeting - continued
(I) Approval of Water Line Installation - Cobb Center Park
Councilman Lnenicka made a motion that the consent agenda be approved. Councilman
Cramer seconded the motion. Motion was approved 7-0.
COMMITTEE REPORTS:
Mayor Bacon announced that on Wednesday, May 19, the Smyrna Area Council of the Cobb
Chamber of Commerce will have their quarterly meeting and Kenny Burts, founder and
president of Key Lime, Inc., will be the guest speaker and The Facility Group in Smyrna is
sponsoring the event.
Mayor Bacon announced that Leroy Powell, former city resident, passed away Sunday. Mayor
Bacon stated Mr. Powell was a former neighbor of his and their children attended school
together. He stated Mr. Powell will be missed and extended his sympathy to the Powell
family.
Councilwoman Capilouto, Councilman Newcomb and Councilman Lnenicka had no report this
evening.
Councilman Scoggins announced that Maryclaire Andres had asked him to thank the volunteers
who helped with the welcome center and the museum, the Jonquil Jog, Jonquil Festival and the
Parks and Recreation Department, Public Works Department and the people who helped at the
concert. Mayor Bacon stated the first summer concert last Friday night was an excellent event.
Councilman Hawkins asked Scott Stokes for a brief report. Mr. Stokes reported the sanitation
schedule for the Memorial Day Holiday and encouraged the residents to look at the schedule
which will be included in their water bill.
Councilman Hawkins stated he held a meeting with the residents of Dunn Street from Collier to
Daniel and fifty persons were mailed annexation applications. He stated seven requests for
annexation were received and only three are contiguous to the city at this time. He further
stated the city will be following up with those three residents to see if they want to continue the
annexation process. Councilman Hawkins stated some of the residents of the Collier Drive area
in attendance at tonight's meeting have expressed an interest in annexation and he will be
setting up a meeting of those persons later.
Councilman Cramer announced he will be having a meeting with the residents of Beaver Creek,
Parkway and Robin Lane next week.
Councilman Wood asked Chris Corey for a brief report. Mr. Corey announced the current job
openings for the city.
Councilman Lnenicka stated he wanted to take note of the fact that in his eleven and a half
years on council, this evening was the first time his father, Bill Lnenicka, had addressed the
council. He thanked him for coming before the council, stated he was proud of his being his
father and proud of the Veterans Memorial Association of Smyrna and all the work they are
doing.
Mr. Smith thanked Steve Ciaccio and Maryclaire Andres for the excellent work they did on the
concert event last Friday evening. Mr. Smith announced the topping out event for the Fire
Station this week. Mr. Smith stated there is a sidewalk improvement project going on at
Atlanta and Spring Road which will tie that area into the Village sidewalk with the brick pavers
in the sidewalk.
Mayor Bacon stated he wanted to mention Susan Hunt, Bert Turnell and his staff and Patty
Bacon who were in attendance at the concert Friday night and thanked them for the great job
they did at the concert.
ADJOURNMENT
With no further business, the meeting adjourned at 11:19 p.m.
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May 17, 1999, meeting - continued
A. MAX BACON, MAYOR
CHARLENE CAPILOUTO, WARD 1 RON NEWCOMB, WARD 2
XK� .
BILLS OGGINS, WAR
JACK CRAMER,
CHARLES PE E WOOD, WARD 7
CLERK
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NMS M. HAWKNS, •�.
14