05-21-2007 May 21, 2007 Council Meeting
May 21, 2007
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor Pro Tem Wade S. Lnenicka at 7:30
o’clock p.m. Mayor Pro Tem Lnenicka announced that Mayor Bacon is out of town on business.
All council members were present. Also present were City Administrator Wayne Wright, City
Clerk Susan Hiott, City Attorney Scott Cochran, Public Works Director Scott Stokes, Police
Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio,
Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, Community
Relations Director Jennifer Bennett, Finance Director David Boyd, Community Development
Director Ken Suddreth, Assistant City Administrator Eric Taylor, City Planner Rusty Martin and
representatives of the press.
Invocation was given by Pastor Jim Moon from Crosspoint Presbyterian Church. Boy Scout Kyle
Cook, a student at Green Acres Elementary School, led the Pledge of Allegiance.
AGENDA CHANGES:
Mayor Pro Tem Lnenicka stated there were no agenda changes.
MAYOR’S REPORT:
(A) Mayor Pro Tem Lnenicka recognized teacher Ms. Shirley Bretch and students from
Green Acres Elementary School. The students conducted a Character Education Program
presentation for the assembly.
(B) Mayor Pro Tem Lnenicka recognized Glen Crutchfield and Sue Johnson of the American
Legion Auxiliary. Council Member Wood read a Proclamation in recognition of Poppy
Day and explained that the poppy flower is a symbol of sacrifice. Ms. Crutchfield and
Ms. Johnson received donations from the audience for the benefit of veterans.
(C) Mayor Pro Tem Lnenicka recognized Smyrna Library Director Michael Seigler who
presented a plaque to Director of Marketing Bev Owen of Emory Adventist Hospital
(EAH) for the hospital’s contribution to the City Library. Mr. Seigler stated EAH
conducted a book fair and raised over $750 and donated these proceeds and the unsold
books to the Library. Ms. Owen described a recent disaster preparedness drill held
Sunday, May 20, 2007 at EAH.
LAND ISSUES/ZONINGS/ANNEXATIONS:
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(A) Public HearingRezoning Request Z07-008 – R-15 to RAD-Conditional - Land Lot 486
- 1130 Medlin Street – 0.457 acre tract – Ana and Andrew Ford
Mr. Wright stated the applicant is requesting approval of a rezoning of a lot for two single-family
detached residences at a density of 4.38 units per acre. Mr. Wright stated the lot currently
contains one single family residence and that a land use change is not required for rezoning. Mr.
Wright stated the Planning and Zoning Board (PZB) recommends approval and staff recommends
approval with a number of conditions.
Mayor Pro Tem Lnenicka stated this is a public hearing and asked for public comment, and the
oath was administered to at least one person by Mr. Cochran.
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Mr. Suddreth provided additional details concerning this request to those present and discussed
the special conditions of the rezoning request:
Standard Conditions
(Requirement #2, 3, 4, 5, 8, 9, 10, 12 and 17 from Section 1201 of the Zoning Code is not
applicable)
1. The composition of the homes in a residential subdivision shall include a mixture of
elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No
elevation shall be comprised of 100% hardy plank siding.
2. All utilities within the development shall be underground.
3. The developer shall be responsible for any traffic improvements (including additional right-
of-way dedications) deemed necessary by either the City or the County during construction
plan review. Sidewalks shall be provided by the developer inside the subdivision and
outside the subdivision adjacent to any public right-of-way consistent with City’s
requirements for the extent of the development. A grass buffer with a minimum width of 2’
shall be provided between the back of curb and sidewalk. The grass buffer may be waived
if it is deemed unnecessary by the City Engineer.
4. No debris may be buried on any lot or common area.
5. The developer will comply with the City’s current tree ordinance (unless noted elsewhere).
All required tree protection measures shall be adhered to by the developer during
construction.
6. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances.
7. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
8. All single-family and/or duplex residential lots shall provide the following at the time of
certificate of occupancy: either four 3” caliper trees or three 4” caliper trees, unless
otherwise approved by the City’s Arborist. The following species of trees may be used:
Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species
may be used if approved by the City.
Special Conditions
9. The development shall maintain the following minimum setbacks:
Front – 25’
Interior Side – 10’ (minimum of 15’ between residences)
Street Side – 10’
Rear – 20’
10. Driveway – 22’ minimum length from building face to edge of sidewalk. Each unit shall
have a two-car garage. The new home shall have a decorative garage door.
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11. The right-of-way along McLinden Avenue and Dunton Avenue shall be increased to 50 feet
to match other residential road right-of-ways. Therefore a dedication of 5 feet is required
for both right-of-ways. Setbacks shall be taken from the new right-of-way.
12. The home fronting McLinden Avenue shall employ architectural features on the side
elevation visible from Dunton Avenue, so that they mirror the front elevations.
Council Member McNabb pointed out that the applicant had first considered rezoning the subject
property over a year ago, but did not have specific house plans at that time. Council Member
McNabb noted the applicant now has house plans that will be an asset to the community. Ms.
Ford described the architectural style of house plans as being similar to the European style as
built by Monte Hewett and John Wieland Homes. Council Member McNabb referred to special
condition #12 which states the home fronting McLinden Avenue shall employ architectural
features on the side elevation visible from Dunton Avenue so that they mirror the front elevations.
The applicant indicated that said stipulation is acceptable.
Mayor Pro Tem Lnenicka inquired about the plans for the existing home. Ms. Ford explained
they would live in the existing home and then move into the new house but that there are no
definite plans at this time for the existing structure.
Council Member Newcomb asked if the trees would be saved and the applicant indicated trees
will be saved if possible. Mr. Suddreth stated the tree protection plan shows certain trees
identified for preservation, but until more detailed plans are available it is not possible to
determine the extent to which trees will be protected. Council Member Newcomb commended
the applicant for efforts to save trees. Mr. Suddreth added that the tree ordinance allows 20%
Critical Root Zone (CRZ) encroachment and that CRZ encroachment is currently projected to be
13%.
Council Member Smith asked if the current house would undergo any major improvements and
the applicant indicated any improvements made would be limited in scope.
Mayor Pro Tem Lnenicka recognized Mr. Sean Murphy, owner of a house located at 1140
McLinden Avenue, and Mr. Murphy commented favorably on the rezoning and addition of
another house. Mr. Murphy added that one of the trees of concern is a non-specimen tree which
appears to be of questionable viability.
MOTION: Council Member McNabb made a motion to approve Rezoning Request Z07-008
from R-15 to RAD-Conditional for Land Lot 486 at 1130 Medlin Street for a 0.457 acre tract for
Ana and Andrew Ford subject to all stipulations discussed and agreed on at this meeting. Council
Member Scoggins seconded the motion. Council Member Newcomb noted that this rezoning is
currently within the future land use map, moderate density, and is at a density of 4.38 units per
acre. Motion was approved 6 - 0.
(B) Public Hearing– Rezoning Request Z07-011 – FC to CBD - Land Lots 486 and 486,
1130 - 1155 Concord Road and 1140 - 1154 Dell Avenue – 1.56 acre tract – Laurel
Commons II, LLC
Mr. Wright stated the applicant is requesting approval of a rezoning to construct a 12,000 square
foot shopping center that will front Concord Road. Mr. Wright stated the rezoning will require a
land use change from Moderate Density Residential to Mixed Use for the three properties along
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Dell Avenue. Mr. Wright stated the PZB recommends approval of this rezoning and that staff
supports the request with certain conditions.
Mayor Pro Tem Lnenicka stated this is a public hearing and asked for public comment, and the
oath was administered to several persons by Mr. Cochran.
Mr. Suddreth provided additional details concerning this request for Laurel Commons II to those
present. Mr. Suddreth read through the conditions of this zoning request.
Standard Conditions (items 1, 2, 3, 4, 8, 9, 10, 16 and 17 from Section 1201 of the Zoning
Ordinance are not applicable)
1. The storm water detention plan shall be designed to create at least a 10% reduction in a
100-year storm event. The City Engineer shall approve all plans. Any retention pond
shall be placed and screened appropriately to be unobtrusive to homes adjacent to the
development.
2. All utilities within the development shall be underground.
3. The developer shall be responsible for any traffic improvements (including additional
right-of-way dedications) deemed necessary by either the City or the County during
construction plan review. Sidewalks shall be provided by the developer inside the
subdivision and outside the subdivision adjacent to any public right-of-way consistent
with City’s requirements for the extent of the development. A grass buffer with a
minimum width of 2’ shall be provided between the back of curb and sidewalk.
4. No debris may be buried on the subject parcel.
5. The developer will install decorative streetlights within the development, subject to
approval by the City Engineer. Utilization of low intensity, environmental type lighting,
the illumination of which shall be confined within the perimeter of the subject property
through the use of “full-cutoff lighting”.
6. The developer will comply with the city’s current tree ordinance. All required tree
protection measures shall be adhered to by the developer during construction.
7. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances. There shall be a landscaped
front entrance, with monument, indicating the name of the development.
8. All common areas are to be sodded, and landscaped. Irrigate as appropriate.
Special Conditions
(It was noted Special Conditions 18 and 21 were added by the Planning Board Member Frank
Pologruto during the Planning and Zoning Board Meeting. The Planning and Zoning Board also
recommended approval of the required land use change.)
9. The development shall maintain the following setbacks:
Front – 12’
Street Side – 12’
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Interior Side – 5’
Rear – 12’
Adjoining Residential Property – 50’
10. The right-of-way along Dunton Street and Dell Avenue shall be increased to 50 feet to
match other residential road right-of-ways. Therefore, a dedication of 5 feet is required
for Dell Avenue and a dedication of 10’ is required for Dunton Street. Setbacks shall be
measured from the new right-of-way.
11. The developer shall dedicate the required right-of-way along Concord Road for the
completion of the Concord Road Project. The developer shall remain in contact with
Community Development for the dedication which shall be based upon the final design
of the project.
12. The developer shall improve Dunton Street by widening the street by 4’ 8”.
13. The developer shall dedicate a sidewalk easement along Concord Road for the proposed
10’ multi-use trail.
14. There shall be no bells, whistles, or outdoor loud speakers permitted on site in
conjunction with the retail center.
15. Any proposed dumpsters shall be surrounded by a three-sided brick or stucco enclosure
with an opaque gate in the front. The lid of the dumpster shall be made of rubber.
16. Any utility boxes, HVAC components, or accessory components to the commercial
building shall be screened from the public right-of-ways and adjoining property owners.
17. The developer shall install and maintain a 10’ wide evergreen buffer consisting of 8’ to
10’ trees installed in a staggered manner on 5’ centers along the western property line
that adjoin single-family residences.
18. The developer shall install and maintain an evergreen landscape buffer along the Concord
Road in front of the Plaza. The trees within the landscape buffer shall reach a mature
maximum height of 8’ to 10’.
19. The developer shall install a 6’ tall opaque fence along the western property line that
adjoins single-family residences.
20. Deliveries and trash pick-up shall only be permitted between the hours of 7:00 a.m. and
9:00 p.m.
21. The developer shall install directional signs that direct all delivery trucks to Concord
Road.
22. The parking lot shall provide landscape islands after every tenth parking space the design
of which must be approved by the City of Smyrna. A landscape strip shall also be
provided between all head-to-head parking spaces.
23. The structure shall have a sloped roof of at least 6/12 pitch. Deviations may be approved
by the Director of Community Development.
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24. The commercial building shall have entry doors along Concord Road.
25. The following uses shall be prohibited in the proposed shopping center:
?
Automotive sales/repair
?
Automobile wash service
?
Boarding and breeding kennels
?
Dry cleaning plants
?
Adult Novelty Stores & Adult Entertainment
?
Pawnshops
?
Check Cashing Stores
?
Pool Hall or Arcade
?
Service stations
?
Coin Operated Laundry
?
Composting Facility
?
Funeral Homes
?
Group Homes
?
Shelter for the Homeless
?
Tattoo Parlor
26. Approval of the Subject Property for CBD shall be conditioned upon the development of
the property in substantial compliance with the submitted site plan dated 5/7/2007.
27. The applicant shall be bound to the building material and architectural features illustrated
on the elevations submitted and dated 5/7/2007. If there is any change to the elevations it
must be approved by the Director of Community Development. The need to provide a
pitch roof as referenced in stipulation #23 must still be met.
28. The developer shall add an additional driving lane going south on Dunton Street from the
proposed project entrance to the intersection with Concord Road. This road widening
shall be done in addition to the required widening previously stipulated. This additional
lane shall be used to separate southbound traffic on Dunton Street by providing one
dedicated left turn lane for traffic wishing to go east on Concord Road and another
straight/right turn lane for traffic traveling south on King Springs Road or West on
Concord Road.
Council Member McNabb recognized Mr. Kevin Moore, an attorney representing the applicant,
and asked Mr. Moore if the special conditions and applicable standard conditions of this rezoning
are acceptable, and Mr. Moore answered in the affirmative. Mr. Moore described the property
elevation changes from Concord Road to Dell Avenue. Mr. Moore explained how the property
from Concord, being the lower point, slopes up in elevation to Dell Avenue, the higher point. Mr.
Moore explained that there is a 20’-25’ change in elevation from Concord Road to Dell Avenue.
Mr. Moore explained how there is an architectural masonry wall that faces Dell Avenue, being
only 5’-6’ feet in height, but 12’-13’ feet at the level of the parking lot. Mr. Moore continued to
describe the Concord Road front wall elevation, being 10 feet, which has a stair case in the
middle of the development going up to the pedestrian plaza. Mr. Moore noted there is an
evergreen buffer to soften this wall.
Council Member McNabb asked if there is a door entrance on the Concord Road side or just the
back side of the buildings, and Mr. Moore stated there are entrances on both sides of the
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buildings. Mr. McNabb asked for details concerning how the dumpster will be screened. Mr.
Moore described the dumpster as being located in the middle of the site with a masonry enclosure
including landscaping buffer and fencing.
Mr. Moore noted there is a single entrance on Dunton Street and no access or entrance on Dell
Avenue. Mr. Moore indicated there is a need for various right-of-way dedications.
Council Member McNabb referred to the need for additional parking at Laurel Commons I, and
asked for a cross parking agreement with Laurel Commons I and that if either two developments
are sold, the cross parking agreement still applies between the two developments. Mr. Moore
indicated the arrangement described by Council Member McNabb will be acceptable to the
applicant.
Council Member Wood asked how many parking spaces would be available, and Mr. Moore
stated there will be 71 parking spaces. Council Member Smith asked if the retaining wall and
masonry wall were the same and Mr. Moore answered in the affirmative. Mr. Moore explained
that the purpose of the wall is to screen Dell Avenue and is committed as being 5’-6.’ Mr. Moore
stated the current requirement for Laurel Commons II is 54 spaces, and there are parking spaces
above the minimum requirement for the Laurel Commons II development at 71. Both Mr. Moore
and Mr. Suddreth noted it is not determined how Laurel Commons I would affect this overall
requirement at this time.
Council Member McNabb referred to the 1 ½ % grade of the parking lot for drainage purposes
and inquired about the storm water detention plans, and Mr. Moore explained that there would be
an underground water detention structure and it would tie into the Concord Road storm water
system.
Mayor Pro Tem Lnenicka inquired if the owners of Laurel Commons I and II plan to manage
these developments long term and Mr. Moore answered in the affirmative. Mayor Pro Tem
Lnenicka asked why this location is considered a good site for this type of commercial
development. Mr. Moore continued to describe why the applicants preferred this site for their
development. Mr. Moore stated the Laurel Commons I development is of close proximity, there
is a signalized intersection, the existing commercial property is currently not of the top tier
variety, and there are some local merchants that will be tenants in this center. Mr. Moore stated
the developer actually lives in and has an office in Laurel Hills so this development is an
important location for him. Mr. Moore stated that with the Concord Road Improvement project,
this is an ideal setting for the proposed project. Mr. McNabb asked about the proposed tenants
for the restaurant sites. Mr. Moore explained they should be neighborhood type restaurants such
as a barbeque restaurant or similar establishment.
Council Member McNabb referred to Stipulation #28, adding an additional driving lane going
south on Dunton Street, and asked if Mr. Moore if he is in agreement with this stipulation and Mr.
Moore answered in the affirmative and noted there was sufficient room on Dunton Street to do
this.
Council Member Newcomb noted that although trees would be taken down and there would be
recompense to the tree bank, he asked the applicant look at the plan one more time to try to save
more trees. Mr. Moore explained it is difficult to save the trees with this type of commercial plan.
Mr. Moore stated there is good deal of area for planting recompense such as at the large island to
be located in the middle of the parking lot.
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Council Member Newcomb asked for clarification of the current zonings and referred to the
future land use map and inquired about the zoning categories for this area in correlation with the
future land use map recently submitted to Atlanta Regional Commission. Mr. Moore replied that
the current zoning for the entire property is Future Commercial (FC).
Council Member Newcomb referred to an earlier notation that this type of commercial property is
ideal for Concord Road because it is an arterial section. Council Member Newcomb stated that
he is not inclined to grant future intense commercial designations along Concord Road because it
is an arterial collector. Council Member Newcomb referred to the list of prohibited uses for retail
uses, and Mr. Suddreth explained it is easier to list those businesses disallowed than those
allowed, and verified the list of prohibitions will continue to apply to the subject property.
Council Member Smith asked for clarification that the property is one story and Mr. Moore stated
it is.
Council Member McNabb stated that he too is not inclined to support continued commercial
encroachment down Dell Avenue. Council Member McNabb stated this development is a buffer.
Council Member McNabb stated he is not supportive of continuation of this type of development
because of potential encroachment of homes on Dell Avenue.
Mayor Pro Tem Lnenicka recognized Chris, residing at 1151 Dell Avenue, and he inquired about
the elevation and what he would see sitting from his front lawn; if there would be neon signage;
who takes care of landscaping maintenance; if there would be a way to prevent overflow parking
on Dell Avenue, and noted additional traffic concerns. Chris expressed concern that there is a lot
of vacant retail now in Smyrna and asked if we need additional retail, and inquired if there would
be noise from music at the restaurants.
Sean Murphy spoke on behalf of Smyrna Heights Neighborhood Association. Mr. Murphy
thanked the applicant for addressing their concerns and noted the Association preferred
residential such as town homes. Mr. Murphy referred to Stipulation #28 and agreed it is a
necessity. Mr. Murphy stated he would like to see the parking lot entrance moved further north,
4” caliper trees every 30 feet along Dell Avenue, trees also along Concord, and that parking lot
lighting should be full cut-off lighting.
At Council Member McNabb’s request, Mr. Suddreth clarified that no outdoor music could be
added as a condition and the lighting is already a standard condition. Mr. Moore agreed to no
outdoor music as a stipulation.
Council Member McNabb asked if there could be a rear exit to Dell Avenue and Mr. Moore
indicated this would not be possible.
Council Member Smith explained possible scenery from homes in relation to the property’s
elevation. Mr. Moore noted the stipulations already agreed upon, that utility boxes shall be
screened from the public right-of-ways and adjoining property owners and the developer shall
install and maintain an evergreen landscape buffer along the Concord Road in front of the Plaza.
Mr. Moore also agreed to the stipulation to add 4” caliper trees along Dell Avenue.
MOTION:Council Member McNabb made a motion to approveRezoning Request Z07-011
from FC to CBD for Land Lots 485 and 486 and 486 at 1139, 1149 and 1155 Concord Road and
1140, 1150 and 1154 Dell Avenue for a 1.589 acre tract for Laurel Commons II, LLC including
standard stipulations 1-8, special conditions 9-28 formulated by staff for rezoning application
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(listed above and noted by staff) in addition to Stipulations #29 - a cross parking agreement with
Laurel Commons I will be executed; #30 - no outdoor music permitted onsite; and #31 - 4”
caliper trees will be planted along Dell Avenue. Council Member Scoggins seconded the motion.
Mayor Pro Tem Lnenicka thanked the applicant for their time and effort working with the
neighborhood to make this development compatible. He expressed support of this plan. The
motion was approved 6 - 0.
(C) Public Hearing– Rezoning Request Z07-012 – R-15 to RAD-Conditional - Land Lot
489, 2649 Grady Street – 0.732 acre tract – The Smyrna Project I, LLC
Mr. Wright stated the applicant is seeking to rezone and amend a ¾ acre property to a previously
approved rezoning in 2006 for 13 houses. Mr. Wright stated this amended plan will add 3
additional houses for a total of 16 single-family homes and the density would remain at 4.11 units
per acre. Mr. Wright stated there will be a land use change from low to moderate density
residential land use. Mr. Wright stated PZB recommends approval of the request and that staff
recommends approval with a number of conditions.
Mayor Pro Tem Lnenicka stated this is a public hearing and asked for public comment. There
was none.
Mr. Suddreth provided additional details concerning this request to those present and discussed
the special conditions of this rezoning request.
Standard Conditions
(Requirements # 2, 8 and 17 from Section 1201 of the Zoning Code are not applicable)
1. The composition of the homes in a residential subdivision shall include a mixture of
elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No
elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut
external roadways shall not be permitted to utilize hardy plank for any elevation facing
these roads.
2. There shall be protective covenants with a mandatory homeowners association on all lots.
These protective covenants shall be supplied to the City prior to the issuance of a building
permit.
3. The developer shall provide at least 200 square feet of common space per lot. This
common space shall be developed with improvements for the residential subdivision such
as: gazebos, fountains, recreational/playground equipment or walking trails. The common
space shall be controlled and maintained by the Homeowners Association.
4. The retention pond shall be placed and screened appropriately to be unobtrusive to homes
inside and outside the development. The storm water detention plan shall be designed to
create at least a 10% reduction in a 2-year to 100-year storm event. The City Engineer shall
approve all plans.
5. All utilities within the development shall be underground.
6. The developer shall be responsible for any traffic improvements (including additional right-
of-way dedications) deemed necessary by either the City or the County during construction
plan review. Sidewalks shall be provided by the developer inside the subdivision and
May 21, 2007
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outside the subdivision adjacent to any public right-of-way consistent with City’s
requirements for the extent of the development. A grass buffer with a minimum width of 2’
shall be provided between the back of curb and sidewalk.
7. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision
entrance for a minimum distance of 20 feet.
8. The development of any streets (including private) shall conform to the City’s standards for
public right-of-ways
9. No debris may be buried on any lot or common area.
10. The developer will install decorative streetlights within the development, subject to
approval by the City Engineer. Utilization of low intensity, environmental type lighting,
the illumination of which shall be confined within the perimeter of the subject property
through the use of “full-cutoff lighting”.
11. The developer will comply with the City’s current tree ordinance. All required tree
protection measures shall be adhered to by the developer during construction.
12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances. There shall be a landscaped front
entrance, with monument, indicating the name of the development.
13. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
14. All single-family and/or duplex residential lots shall provide the following at the time of
certificate of occupancy: either four 3” caliper trees or two 2” caliper and two 4” caliper
trees, unless otherwise approved by the City’s Arborist. The following species of trees may
be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other
species may be used if approved by the City.
Special Conditions
15. The development shall maintain the following setbacks:
Front – 20’
Rear – 20’
Side – 5’ with a minimum of 15’ between buildings
Driveway – 22’ minimum length
16. Five-foot wide sidewalks shall be constructed along Grady Street, Grady Lane and Powder
Springs Street.
17. The final plat for the development shall include a right-of-way dedication of 10’ along
Grady Street per the City Engineer.
18. Each home will be a minimum of 2,500 s.f. in size. (clerks note: clarified later by applicant
as 3,000 s.f.)
May 21, 2007
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Council Member Scoggins recognized Mr. Joel Powell. In response to Mayor Pro Tem
Lnenicka’s question, Mr. Powell stated the houses will be cost in the $500,000’s and will be
craftsman style homes. Mr. Powell stated they will be similar to and compatible with the other 13
lots. In response to Council Member Ron Newcomb’s question, the applicant stated homes
would be a minimum of 3000 square feet (s.f.) instead of the 2500 s. f. as originally stipulated.
MOTION: Council Member Scoggins moved to approve Rezoning Request Z07-012 from R-15
to RAD-Conditional for Land Lot 489 at 2649 Grady Street for a 0.732 acre tract for The Smyrna
Project I, LLC with all standard and special conditions (noted above by staff, with notation that
stipulation #18 is clarified to be 3000 minimum square footage) agreed to by the applicant. The
motion was seconded by Council Member Pritchett. Motion was approved 6 - 0.
Council Member Scoggins recognized Mr. Pierce for attending this evening.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
(A) Bid Award RFP#7-024 Pest Control and Termite Services
Mr. Wright stated this is a bid was for pest control and termite service combined. Mr. Wright
stated Northwest Exterminating has provided service to the City for many years. Mr. Wright
stated the City has been paying between $8,000 – $15,000 a year based on needed calls. Mr.
Wright stated four vendors responded to the City's bid request. Mr. Wright stated bid totals were
calculated as follows: Terminix $62,909.00; Orkin $64,041.00; and Team $50,500.00 and
Northwest $44,092.00. Mr. Wright stated staff recommends bid award to the responsive low
bidder Northwest Pest Control for $44,092.
Council Member Wood stated this includes all of city buildings including Aunt Fanny’s Cabin,
Brinkley’s Park, Brawner Hopsital, fire stations, community center, and all other city property
requiring termite and pest control.
MOTION: Council Member Wood moved to award Bid Award RFP #7-024 for Pest Control and
Termite Services to Northwest Pest Control for $44,092 and to authorize City Administrator
Wayne Wright to sign and execute the contract associated with this RFP. Council Member Smith
seconded the motion.
Mayor Pro Tem Lnenicka stated some questions have been raised about the City’s pest control
contract but review has revealed that there was nothing wrong with the manner in which such
services have been obtained. Mayor Pro Tem Lnenicka stated that in an abundance of caution
and a spirit of openness, it was decided to go ahead and bid this pest and termite contract out.
Mayor Pro Tem Lnenicka stated that in previous years the City paid $8,000 - $15,000 yearly.
Mayor Pro Tem Lnenicka stated we paid more during one particular year because we had termites
at the library. Mayor Pro Tem Lnenicka stated Northwest Pest Control has always done their job
very well. Mayor Pro Tem Lnenicka stated Northwest is a local business and strong in the
community. Mayor Pro Tem Lnenicka stated the city administrator and purchasing director
managed this contract for a number of years and determined it was not necessary to bid the
contract out. Mayor Pro Tem Lnenicka stated he thinks the citizens should understand the
reasons behind the City’s long association with Northwest Pest Control.
May 21, 2007
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Motion was approved 6 - 0.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of May 7, 2007 minutes
(B) Approval of use of Council Chambers for a meeting of the Cheney Woods
Homeowners Association on June 21, 2007 at 7:00 p.m.
(C) Bid Award RFP #7-028. Water and Sanitary Sewer repair, replacement and installation
unit pricing
(D) Approval of "No Parking" signs at the ingress and egress of the cul-de-sac terminating
Concord Meadows Drive
(E) Award of bid for Property and Liability Insurance
(F) Approval of use of council chambers for Ward 2 meeting, date to be next week sometime
MOTION: Council Member Scoggins made a motion to approve the consent agenda. The
motion was seconded by Council Member Pete Wood. Motion was approved 6 – 0.
COMMITTEE REPORTS:
Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those
present concerning recent Public Works Department projects. Mr. Stokes reported that the
sidewalk on Concord Road will extend from Hurt Road all the way to Silver Comet Trail. Mr.
Stokes reported a FEMA house at 3209 Highland Drive house was torn down and that FEMA
paid the City for removal costs. Mr. Stokes reported first quarter statistics for 2007.
Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present
concerning the Adopt-A-Mile program and various school community projects and beautification
projects. Ms. Kirk thanked the KSB volunteers for their assistance.
Council Member Newcomb recognized Mr. Suddreth, and Mr. Suddreth provided details to those
present concerning City building statistics.
Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present
concerning recent court services operations. Ms. Hiott reported the Clerk’s office has
implemented the MuniAgenda agenda management software and that citizens will soon have
accessibility to the supporting documentation of the agenda via the website.
Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those
present concerning recent use statistics as well as current and upcoming programs and events for
the City Library such as the Summer reading program which begins June. Mr. Seigler reorted
that there are now two laptop computers which can be checked out for use in the library.
May 21, 2007
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Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those
present concerning upcoming Parks and Recreation Department activities.
Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those
present concerning upcoming City events including the next concert with Prime on June 9 and the
Memorial Day Ceremony to be held May 28, 2007 at 10:00 a.m. Ms. Bennett stated seating
starts at 9:00 a.m. Mayor Pro Tem Lnenicka provided details to those present concerning the
keynote speaker, focus groups, and other expected attendees.
Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present
concerning positions for which the City is presently recruiting.
Council Member Smith announced Cheney Woods Homeowner Association is a newly formed
homeowners association and will be meeting June 21, 2007.
Council Member Wood recognized Mr. Boyd, and Mr. Boyd provided details to those present
concerning the budget process. Mr. Boyd reported on the new online utility payment system,
going live Monday, July 2, which will replace the current system. Mr. Boyd stated notices will
be in June and July statements. Mr. Boyd stated there is also a property tax review feature.
Council Member Wood reported we are in the process of conducting budget meetings and
hearings. Council Member Wood stated the new budget year begins July 1. Council Member
Wood announced Oak Drive will be closed for 120 days.
Council Member Lnenicka recognized Chief Lanyon, and Chief Lanyon reported on some recent
retirements of fire department staff members. Chief Lanyon stated more fire department
personnel will retire this year, but efforts are under way to hire new personnel.
Council Member Lnenicka recognized Chief Hook, and Chief Hook provided information to
those present concerning a traffic enforcement detail recently conducted by the City police
department.
Council Member Newcomb asked for clarification about procedures for persons found driving
without a valid license. Chief Hook stated persons found driving without a valid license are taken
into custody, taken to jail, processed, and released if they are able to post bond.
Council Member Smith thanked the Police Department for enforcing laws requiring motorists to
stop at stop signs.
CITIZENS INPUT:
There was none.
Mayor Pro Tem Lnenicka thanked everyone for attending this meeting. Mayor Pro Tem
Lnenicka recognized Council Members Melleny Pritchett and Pete Wood and staff for attending
the Atlanta Regional Military Affairs Recognition Luncheon.
ADJOURNMENT:
With no further business, the meeting was adjourned at 9:50 p.m.
May 21, 2007
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________________________________ ________________________________
A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK
MELLENY PRITCHETT, WARD 1 RON NEWCOMB, WARD 2
BILL SCOGGINS, WARD 3 MICHAEL McNABB, WARD 4
JIMMY D. SMITH, WARD 5 WADE S. LNENICKA, WARD 6,
MAYOR PRO TEM
__________________________________
CHARLES PETE WOOD, WARD 7