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November 2, 1998 Council Meeting November 2, 1998 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Reverend Matt Fredrick, King Spring Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: ... Councilman Wood stated he had attended the King Spring Baptist Church's 40th anniversary celebration last month and congratulated the Church on their program and their accomplishments. Mayor Bacon recognized Betty Turley and members of the American Legion Auxiliary who were presented a proclamation in honor of the annual poppy day sale November 7, 1998. Mayor Bacon recognized Sara Curtis, Campbell High School homecoming queen, and congratulated her on that accomplishment and presented her with a City of Smyrna sweatshirt and a gift bag. Mayor Bacon recognized Ms. Karen Wood, teacher from Belmont Hills Elementary School, and students Panashe Mhekairo and Hatka Prozorac. The students discussed their interpretation of the "Character Words of the Week and Month." Mayor Bacon presented the students with a gift bag. ... Mayor Bacon recognized the following political candidates who encouraged everyone to vote on Tuesday, November 11, 1998: Congressman Bob Barr; Mike Todd, candidate for State Senate District 32; State Representative Randy Sauder; political activist Paul Chastain who spoke in support of the Transportation Improvement Program sales tax extension; Curt Johnston, school board member and candidate for re-election; Gary Pelphrey, congressional candidate and Jeanette Gall, candidate for school board representative for Post 2. PUBLIC HEARINGS: (A) Zoning Amendment - Mill Pond Road (9.65 Acres) - To Change Street Layout Mr. Smith stated this request is to better fit the streets into the topography of the property and better improve the buffer for the existing property owners. He further stated it does not increase the density and the revised plan was approved unanimously by the Planning and Zoning Board. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the proposed zoning amendment. There was no opposition. ... Councilman Wood asked Andy Belflower, representing Pulte Home Corporation, to come forward and briefly explain why the proposed zoning amendment is being requested. Mr. Belflower stated they are seeking to revise and modify the streets and some of the building orientations on the property and further stated they are not seeking any reduction in buffers or any reduction in any of the original conditions. Mr. Belflower stated the number of units will remain the same and explained the topography is difficult to work with and they feel the current layout (before the council) better suits the land and moves the buildings more interior and leaves more of a buffer around the perimeter. Councilman Wood stated that on June 1, 1998, the Council approved a request by David Knight of Knight Davidson Companies to rezone approximately 9.65 acres on Mill Pond Road from RM-I2 and 0&1 to TD Conditional zoning for construction of fifty townhome units with the following conditions: 1. There will be a mandatory homeowners association and that association will be responsible for all exterior maintenance to the townhomes and this requirement shall be set forth by recorded covenants and restrictions running with the land. 2. The mandatory homeowners association will be responsible for all maintenance of landscaping within the subdivision including lands set aside for open spaces and yards located within the lots. This responsibility shall also be set forth by recorded covenants and restrictions running with the land. November 2, 1998, meeting - continued 3. The side yard setback along the shared property line with The Bridge at Mill Pond Condominiums will be a 25-foot undisturbed buffer. 4. The" typical streetscape" will be a conceptual building exterior plan for the subdivision as proposed on plans submitted to the City of Smyrna. 5. Ownership will be fee simple. 6. Developer will meet all fire codes pertaining to dwellings of this type. 7. There will be at least single-car garages for all units and units where applicable or when possible will have double-car garages. Mr. Wood further stated the bulk of this property (about 7.5 acres) was brought into the city ten years or more ago and had the RM-12 zoning which permits 12 units per acre for condominiums. At the June 1, 1998, meeting the Council approved the rezoning request and the property was rezoned to TD Conditional and at the same time approved a land use change on subject property from High Density Residential and Community Activity Center to Medium Density Residential. Mr. Wood further stated that on September 30, 1998, Knight Davidson Companies submitted a revised site layout plan which was prepared by Mr. Belflower's firm, Travis Pruitt and Associates, P.C., for Pulte Home Corporation which changes the layout of the development but does not change the density of the development. He continued that at the regular meeting of the Smyrna City Council on October 19, 1998, the request to amend the zoning was tabled and referred back to the city's Planning and Zoning Board for review since it represented a significant change in the approved plan. On October 26, 1998, the Planning and Zoning Board conducted a public hearing on the request to amend the zoning. At that meeting a representative of Pulte Homes stated the reason for the requested amendment to the zoning was to reconfigure the streets to better match the topography of the property. There was no opposition present. The Planning and Zoning Board approved the amendment to the zoning with the stipulation that all conditions of the previous rezoning remain in effect and if the previous rezoning included an amenity package that it remain. The vote on the motion to approve was 7 to O. Councilman Wood stated at the June 1, 1998, Council meeting when the subject property was rezoned, Mr. Knight stated the plan presented at that time was a representative plan, not the final one, but the final plan would not exceed the density of 5.18 units per acre specified on the original plan. The current zoning represents a substantial down zoning from its previous zoning of RM-12. Mr. Wood further stated the original plan did not include an amenity package. Councilman Wood stated that due to the topography it was appropriate to reconfigure the street layout. He then stated if the proposed amendment to the zoning is approved it will not nullify the conditions the council approved at the request of the residents of The Bridge at Mill Pond Condominiums in June of this year. Mr. Wood noted that the Chief Building Official of the city has reviewed the plans and does not have a problem with the revisions. Councilman Lnenicka asked Mr. Belflower if all the buildings will still be sprinkled and the radii of the cul-de-sacs will be unchanged. Mr. Belflower stated that everything that was originally agreed to will be maintained and unchanged and they will have the full building and fire department approval. Mr. Belflower stated he was not sure about every building being sprinkled but if it was an original condition, it would be met. Mr. Wood stated one of the stipulations stated that the development would meet all fire codes pertaining to dwellings of this type. Mr. Belflower stated they had sent a revised copy through the Knight Davidson Companies to the Mill Pond folks and since he has not heard back from them, he is assuming they have no comment on the revision. ...., ...., Councilman Wood made a motion that the application by Knight Davidson Companies to amend the zoning of approximately 9.65 acres on Mill Pond Road be approved with the following conditions - in addition to those conditions approved June 1, 1998, (listed above): 1. The maximum number of townhomes built on this property will be fifty (50). 2. Before any grading permit or any other land disturbance permit is approved by the City of Smyrna, the city's Chief Building Official and the City Engineer will meet on the site of this development with officials of Pulte Home Corporation and determine tree save areas and grading limits. It is the intent of this condition to maximize the number of existing trees that will be saved on the property. It will be the responsibility of Pulte Home Corporation to assure that any contractors or sub-contractors that are involved in grading or site preparation on this site have full knowledge of grading limits and tree preservation plans. 3. The developer will submit a landscaping plan for this development to the city for approval prior to implementation of the plan. 4. All signage pertaining to this development will be in accordance with the city's sign ordinance. ..., November 2, 1998, meeting - continued 5. The price range for units in this development will be from $125,000 to $140,000. .. Councilman Hawkins seconded the motion. Councilman Newcomb asked about the garages being placed in the rear of the units and asked if that was still the case. Mr. Belflower stated that at this point they have not been able to make the topography work to do that and at this point they are all front-loaded garages. He stated the topography falls off so steeply that he does not think it is feasible to grade those but they are looking at it with the new site plan. Councilman Newcomb asked if the units will be typically the same as those in the Village Green and Mr. Belflower stated they will vary some as the developer is changing from Knight Davidson Companies to Pulte Home Corporation but are still similar in nature. Councilman Newcomb asked if the garages will be one or two car garages and Mr. Belflower responded one-car garages with additional parking outside the garage. Motion was approved 7-0. (B) Alcoholic Beverage License - Statler Restaurant Partners, LLC, d/b/a Bridgetown Grill - 2997 Cumberland Circle - Retail Pouring of Liquor, Beer and Wine Mr. Smith stated this is a new application and Gregory Steven V ojnovic will be the agent for this establishment. He further stated Mr. Vojnovic is a resident of Roswell, Georgia, and has been given a copy of the Alcoholic Beverage License Ordinance by the business license officer and it has been reviewed with him. Mr. Smith stated the Police Department investigation revealed nothing that would preclude the issuance ofthis license to Mr. Vojnovic. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license and further stated this is a previously licensed location. There was no opposition. .. Councilwoman Capilouto asked Mr. V ojnovic if he holds the licenses for any other locations and he responded he hold the license for three other locations - one in unincorporated Fulton County, and two in the city of Atlanta. Ms. Capilouto asked what type restaurant the Bridgetown Grill is and Mr. V ojnovic responded Caribbean sty Ie eatery, casual dining restaurant. Ms. Capilouto asked if the business license department gave him a copy of the ordinances pertaining to alcoholic beverages and he responded they did. Ms. Capilouto asked if all the restaurant employees had been permitted and Mr. Vojnovic stated they came to get the permits but until the alcoholic beverage permit was granted that could not be done but as soon as the license is granted they will be permitted. Ms. Capilouto noted for the record that the Smyrna Police Department investigation revealed nothing that would preclude the issuance of this license to Mr. Vojnovic. Mayor Bacon stated this restaurant is in the former location of Goodeli's restaurant. Councilwoman Capilouto made a motion that Gregory Steven Vognovic be approved as the agent for the Bridgetown Grill, 2997 Cumberland Circle, for the retail pouring of liquor, beer and wine. Councilman Newcomb seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Appointments to Veterans Memorial Committee - Wards 1 & 2 Councilwoman Capilouto stated she would like to appoint Mr. James Cowan as the Ward 1 representative to serve on the Veterans Memorial Committee. Councilman Newcomb stated he would like to appoint Richard Kline and Wilbur Redd as his appointees to serve on this committee. Councilman Newcomb made a motion that James Cowan, Richard Kline and Wilbur Redd be approved to serve on the Veterans Memorial Committee as the Ward 1 and 2 representatives. Councilwoman Capilouto seconded the motion. Motion was approved 7-0. - (B) Approval of Resolution - Purchase of Recycled Products Councilman Hawkins read the following resolution: WHEREAS: The Smyrna City Council believes that generating less paper waste while recycling paper materials whenever practical is a preferable solid waste management alternative to disposal; and November 2, 1998, meeting - continued WHEREAS: The volume of paper material disposed of by city sanitation crews is increasing annually; and WHEREAS: Much of the paper material that enters the waste stream can be recycled, reused, or incorporated in the manufacture of new products; and WHEREAS: The City of Smyrna's participation in and promotion of recycling programs can significantly reduce the volume of paper materials entering the waste stream thereby reducing expenses; and WHEREAS: The Georgia Solid Waste Management Plan encourages local agencies to buy recycled products if quality and price are equal to non-recycled products and allows local agencies to adopt purchasing preferences for recycled products; NOW -- THEREFORE: Be it resolved by the Mayor and Council that whenever practical the City of Smyrna will show a preference for the purchase of recycled paper products for use in its operations if at a reasonable competitive cost, given that such products meet appropriate specification and delivery requirements; and BE IT FURTHER RESOLVED that recycled contents of all paper products follow the State of Georgia and Federal standards whenever practical. RESOLVED THIS THE ~ day of November, 1998. Councilman Hawkins made a motion the above resolution be approved. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Approval to Update School Zone Signs (Times and Speed Limits) Councilman Newcomb stated the STEP unit of the Police Department has submitted some suggestions in terms of improvements to the school zones as to where they start, stop and speed limits, signs posted, etc. and approval of this issue tonight will be an approval to submit the changes to the State. The proposed changes would be as follows: ....., School Zone Changes: Spring Road - School Zone - from 30 feet east of Carolyn Drive to Woodruff Drive, a distance of 0.30 miles to be zoned for 35 mph from 0730 to 0830 and 1400 to 1445 - school days only - for Argyle Elementary School Concord Road - school zone - from Lusk Drive to 100 feet east of Evelyn Street, a distance of 0.20 miles to be zoned for 30 mph from 0730 to 0830 and 1400 to 1445 - school days only - for Brown Elementary School Atlanta Street - school zone - from 0.10 miles south of Campbell Road to 0.30 miles north of Campbell Road, a distance of 0.40 miles to be zoned for 35 mph from 0830 to 0930 and 1530 to 1630 - school days only - for Campbell Middle School Campbell Road - School Zone - from Atlanta Street to Argyle Drive a distance of 0.10 miles to be zoned for 25 mph from 0830 to 0930 and 1530 to 1630 - school days only - for Campbell Middle School Ward Street - school zone - from 0.15 miles south of Windy Hill Road to Powder Springs Street, a distance of 0.35 miles to be zoned for 25 mph from 0745 to 0845 and 1500 to 1600 - school days only - for Campbell High School ...... Powder Springs - School Zone - from 165 feet west of Eastfield Road to 10 feet west of Guthrie Street, a distance of 0.10 miles to be zoned for 25 mph from 0745 t 0845 and 1500 to 1600 - school days only - for Campbell High School Hawthorne Avenue - school zone - from 92 feet west of Roswell Street to 174 feet east of Hawthorne Court, a distance of 0.15 miles to be zoned for 25 mph from 0900 to 0945 and 1530 to 1615 - school days only - for Hawthorne School November 2, 1998, meeting - continued Reed Road - school zone - from 650 feet west of King Valley Drive to 270 feet west of Canterbury Drive, a distance of 0.20 miles to be zoned for 25 mph from 0730 to 0830 and 1400 to 1445 - school days only - for King springs elementary School Street (Increase) Speed Change Request Spring Road from Atlanta Street to Cobb Parkway (S.R. 3) a distance of 2.4 miles to be zoned for 45 mph. ... Fleming Street is currently approved for speed detection devices for a speed of 35 mph from Atlanta Street to Grady Street, a distance of .30 miles but is posted at 25 mph and therefore the Police are not able to use radar on it. Increase the speed limit to the already approved limit of 35 mph on Fleming Street from Atlanta Street to Grady Street, a distance of .40 miles (with the road improvements) and enforce the speed limit of 25 mph during school hours. Councilman Newcomb made a motion that the above changes be approved as submitted. Councilman Hawkins seconded the motion. Motion was approved 7-0. (D) Approval of Resolution to Condemn Property - Intersection of Atlanta Road and Memorial Place (.079 Acres) Councilman Scoggins stated this property has been leased by the city for quite some time and the property is going to be sold for non-payment of taxes and therefore the city would lose its lease. Councilman Scoggins stated the approval of the resolution will allow the city to acquire the property. Councilman Scoggins read the resolution (as indicated below) and stated a copy will be on file in the office of the City Clerk). Resolution .. "The foregoing issue having come before the Mayor and Council and unanimously approved, it is hereby RESOLVED that the City of Smyrna is authorized to acquire the property as shown on the survey marked as Exhibit" A" , attached hereto and incorporated herein by reference, which is necessary and required for public purposes including but not limited to the maintenance of a public park to serve the citizens of Smyrna, Georgia. Such acquisition, for public purposes shall be carried out by Cochran, Camp & Snipes. So RESOLVED this 2nd day of November, 1998." Councilman Scoggins made a motion the above resolution to condemn the property at the intersection of Atlanta Road and Memorial Place (.079 acres) be approved. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were no building permits. BID AWARDS: (A) Bid Award (Bid #98060) - Computer File Servers .. Councilman Lnenicka stated the Finance and Administration Committee reviewed this in their most recent meeting. He further stated the original budget allocated in the Capital Improvement Plan was $106,000. Mr. Lnenicka further stated that David Monroe, Manager of Information Systems, is recommending the low bid of Unisys/SDS for $96,000. Councilman Lnenicka stated this will fully utilize the fiber optic backbone that is being installed in the city, provide E-mail software and access and bring all the city file servers into year 2000 compliance and further stated this requires the city to replace seven of the current servers with five new servers as part of the master plan the city has been working on for a number of years. Councilman Lnenicka stated he has asked City Administrator Howard Smith to provide the council with a summary statement later this week of exactly where everyone's information, what will happen, when and where as part of this. Councilman Hawkins asked if this purchase was contemplated as part of the budget and Mr. Lnenicka responded yes. Councilman Lnenicka made a motion the bid be awarded to Unisys/SDS for a total price of $96,000. Councilman Wood seconded the motion. Motion was approved 7-0. November 2, 1998, meeting - continued (B) Bid Award (Bid #98060) - Operating System Software Councilman Lnenicka stated this is very much related to the other bid. Mr. Lnenicka stated the recommendation is to award the bid to MicroStore, the low bidder. Councilman Lnenicka stated the city had budgeted $32,704 and the bid presented is $15,000. Mr. Lnenicka stated in order to utilize the new file servers it is necessary to order the proper operating system software and makes all the city equipment year 2000 compliant in this area and part of the master plan and is all budgeted and funded in the capital improvement program. Councilman Lnenicka stated the Finance and Administration Committee reviewed this with David Monroe, Manager of Information Systems, and he recommends approval of this bid award. Councilman Lnenicka stated as the second part of Bid 98060, he recommends the city ward the bid for the operating system software to MicroStore for a total cost of $15,000. Councilman Wood seconded the motion. Motion was approved 7-0. ...., (C) Bid Award (Bid #98075) - Refrigeration Equipment for Tolleson Concession Councilman Scoggins stated this refrigeration equipment is for the new building at Tolleson Park. Mr. Scoggins stated eight bids were solicited and two vendors responded, however one vendor returned his bid late and was rejected. Councilman Scoggins made a motion that the award for Bid 98075 for refrigeration equipment for Tolleson concession be awarded to the low bidder, Atlanta Fixtures and Sales, Inc., for a total cost of $6, 107. Councilman Lnenicka seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of October 19, 1998, Minutes (B) Approval to Use Council Chambers - Monday, November 9, 1998 - 7 to 8 p.m. - Veterans Memorial Committee Meeting (C) Approval to Request Bids - Two Pickup Trucks for Water Department (D) * Approval to Request Bids - New Servers and Software Councilman Newcomb made a motion to suspend the rules for the purpose of removing an item from the Consent Agenda. Councilman Hawkins seconded the motion. Motion to suspend the rules was approved 7-0. ...., Councilman Newcomb made a motion that Item (D) - Approval to Request Bids - New Servers and Software - be removed from the Consent Agenda. Councilman Hawkins seconded the motion. Motion to remove Item (D) was approved 7-0. Councilman Lnenicka made a motion to approve Items (A), (B) and (C) of the Consent Agenda. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood encouraged everyone to vote and stated that the extension of the 1 % Local Option Sales Tax for Transportation Improvements is a very important matter for the City of Smyrna. Mr. Wood stated if the tax is approved it will mean in excess of $17 million for road improvements and transportation improvements, in the City of Smyrna. Mr. Wood encouraged the citizens of Smyrna to give serious consideration of this important issue and asked them to please vote in support of the extension. Councilman Lnenicka reminded the citizens that the city received a letter from the Cobb County Water System, dated July 1, 1998, notifying the city of a 4% waste water rate increase effective January 1, 1999. Mr. Lnenicka stated the council has not yet taken action on this but the item will be on the agenda for a meeting this month. He further stated if the city is going to pass through a rate increase to the citizens of Smyrna, based on this notice, he feels the best thing they will ask us to do would be to study it carefully and if the city moves on it provide as much advance notice as possible. Mr. Lnenicka stated this will need to be addressed even though it is not something we ask for but it is something apparently the city is going to receive and have no option in terms of who is going to treat the city's sewage and what the city can do. ..", Councilman Lnenicka stated the net income from the sale at the City auction held October 24 is, at this point, a minimum of $66,796.65 and there may be some other consignment items that will raise the total. Mr. Lnenicka stated it was a very good auction and he expressed his November 2, 1998, meeting - continued appreciation to everyone who participated in the auction. He further stated the monies from the auction will go back into the General Fund for the City. .. Councilman Lnenicka stated he knows Councilman Cramer will talk about the Veterans Memorial Committee meeting scheduled for next week and further stated he thinks this is an exciting time for Smyrna to have a chance to put together a group that he feels will build one of the finest veterans memorial in the State of Georgia, if not the United States. Councilman Lnenicka stated it will be a privilege and an honor to serve on the committee and looks forward to working with Mr. Cramer and Mr. Wood and the rest of the Mayor and council as well as the folks that will help the city. Councilman Lnenicka stated the right to vote is a very precious commodity that has been purchased with sacrifice and hardship over many, many years. Councilman Lnenicka urged all the citizens in the City of Smyrna to vote tomorrow. Councilman Cramer wished Wade Lnenicka a belated Happy Birthday. Councilman Cramer stated this is an exciting time in Smyrna because the Veterans Memorial Committee has been formed to honor those who have given their service and time, both men and women, to everyone in the country. Mr. Cramer announced the first meeting of the committee is scheduled for Monday, November 9, 1998, and will be held in the Municipal Services building either in the Council Chamber or in the Human Resources Training Room. Councilman Cramer stated there is no other memorial for the veterans in Cobb County and this committee is in the infancy stage and will be an exciting time to look for and build a veterans memorial in Smyrna. Councilman Cramer expressed his appreciation to the Public Works Department for the replacement of some of the sidewalks on Burbank and Glendale. Councilman Cramer also encouraged the citizens to vote and ask for their support of the extension of the 1 % Local Option Sales Tax for Road Improvements. .. Councilman Hawkins also encouraged everyone to vote on Tuesday and further stated one of the most crucial items on the ballot is the extension of the 1 % Local Option Sales Tax for Road Improvements. Mr. Hawkins stated if the extension is not approved, Concord Road between Atlanta Road and South Cobb Drive, will remain unchanged probably for the rest of his lifetime. He further stated the city does not have the $6 million necessary for this road improvement and the only way the city could fund that would be through a one-millage tax increase and the mayor and council are committed to not raising taxes. Councilman Scoggins invited all the citizens to visit the new building at Tolleson Park. Councilman Scoggins stated the Parks and Recreation Department is swinging into the Christmas mode and a lot of exciting things are going to happen this year. Councilman Newcomb stated the city, from time to time, receives inquiries about outdoor burning and announced that at this point in time outdoor burning is not allowed. Mr. Newcomb stated he has talked with Chief Williams who has indicated that with some rain and improvement in the safety of outdoor burning there is a possibility that outdoor burning may be permitted a couple of days a month. Councilman Newcomb encouraged the citizens to take advantage of the recycling program, curbside leaf vacuuming program and the chipper service for limbs. Councilman Newcomb stated as conditions improve, if there is still a need to consider outdoor burning, the Chief will commend to their attention the possibility of it being allowed and the mayor and council would consider it at that time. Councilwoman Capilouto encouraged everyone to exercise their right to vote tomorrow and wished good luck to all the candidates. .... Mr. Smith stated he would like to welcome Councilwoman Capilouto's parents to Smyrna. He further stated they have purchased a home in Ward 7. Mayor Bacon reminded everyone to vote tomorrow and recognized Jeanette Gall, candidate for the School Board, who remained for the entire council meeting and presented her with a goody bag for her son. Mayor Bacon wished all the candidates good luck tomorrow in the election. November 2, 1998, meeting - continued ADJOURNMENT With no further business, the meeting adjourned at 9:05 p.m. A.MAXBACON,MAYOR '~~,. ._~'~::: MEL rfIA DAMERON, CITY CLERK ... ----- ~htw.!J\~ C~~~.. J~ CHARLENE CAPILO TO, WARD 1 RON NEWCOMB, WARD 2 ..." ~'~ ' ~ '9'/fu~ ~NS,W~ ~~D'~ ...., ..,,;