August 17, 1998 Council Meeting
August 17, 1998
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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, Fire Chief Larry Williams,
Accounting Supervisor Mike Hickenbottom of the Finance Department, 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 Mary Ann White, City Engineer Ken Hildebrandt, Community Development Director
Robin Broyles, Community Relations Director Maryclaire Andres and representatives of the
press.
Invocation was given by Councilman Wood, followed by the pledge to the flag.
CITIZENS INPUT:
Mayor Bacon recognized Ann Kirk, Keep Smyrna Beautiful Coordinator. Ms. Kirk, Frank
Adams and members of the Keep Smyrna Beautiful Commission presented Joan Harding with a
crystal jonquil in honor of her years of service on the Commission. Ms. Kirk stated Ms.
Harding is the Mayor's appointee on the commission and is moving to Texas. Mayor Bacon
expressed his appreciation to Ms. Harding for her years of service to the community.
Mayor Bacon recognized Kessell Stelling who spoke in support of the 1 % Special Purpose
Local Option Sales Tax for the Cobb County Schools.
PUBLIC HEARINGS:
(A) Charter Amendment - Article III, Section 7 (Oath of Office)
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Mr. Smith stated this change being proposed is required by State law and this is the first
reading and the item will be added to the Oath of Office. He further stated it reads, "that I am
not the holder of any unaccounted public money due the State or any political subdivision or
authority thereof." Mr. Smith stated copies will be in the office of the City Clerk for review.
Councilman Lnenicka stated Ms. Dameron, City Clerk, and City Attorney Chuck Camp have
assisted in the research of this proposed amendment. Mr. Lnenicka stated this amendment is
required by State law and all officials taking office in the future are required to have this
language added to the Oath of Office. Councilman Lnenicka stated the second reading of the
proposed amendment will be September 8, 1998, and action will be taken at that time.
Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to
comment on this issue. There were no comments.
(B) Variance Request - Reduce Rear Yard Setbacks for Pulte Home Corporation
Development on Campbell Road
Mr. Smith stated the applicant is requesting to vary the size of the lots in order to build larger
homes. He further stated they are requesting to change the setbacks on lots 1 through 3, 30
through 42, 44 through 55, 58, 60 through 65, 76, 111, 112, 117, 118, 124, 127, 128, 146,
147, 150, 161 and 162. Mr. Smith stated the request is to change the setback from 30 feet to
28 feet for lots listed above. Mayor Bacon stated this is a public hearing and asked if anyone
was present in opposition to this variance request. There was none. Mayor Bacon then asked
the applicant to come forward.
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Councilman Newcomb asked Andy Belflower, Travis Pruitt & Associates, representing the
owner to briefly explain the purpose of the variance. Mr. Belflower stated the variance is
being requested so the lots can accommodate larger homes. Mr. Belflower stated based on the
market analysis since the subdivision was begun indicates there is a need for larger homes and
these lots can not support that. He stated hopefully this will not impact the surrounding area
but will make the homes larger. Mr. Newcomb stated this is the Pulte Development on
Campbell Road and was approved by Cobb County a year ago and since that time the market
analysis indicates the demand is for larger homes. Mr. Newcomb stated the range in the size of
the homes is 2,550 up to 3,350 and in order to get the larger homes on the lots as they are
August 17, 1998, meeting - continued
approved is encroaching upon the front/back depth of the lot. Mr. Newcomb stated Pulte
would like to be able to build the larger homes but need the variance so that they will not
encroach on the setback and have requested the variance on the rear-yard setback - reducing it
from 30 feet to 28 feet. Councilman Newcomb stated the price range for these homes will be
from $217,000 up to the $260,ooO's although there is the possibility that the higher end may go
up as the development builds out. Mr. Newcomb made a motion to approve the variance
request at Campbell Road for Pulte Home Corporation to reduce the rear yard setback from 30
feet to 28 feet for the following lots: 1 through 3, 30 through 42, 44 through 55, 58, 60 through
65,76, Ill, 112, 117, 118, 124, 127, 128, 146, 147, 150, 161 and 162. Councilman Hawkins
seconded the motion. Motion was approved 7-0.
Councilman Newcomb stated that Pulte Corporation is planning to install brick columns and
double-sided shadow box fencing around the entire property. He stated there is one area where
there is a pretty thick buffer that they may leave but virtually around all 6200 linear feet of that
development will be enclosed in the brick columns and fencing.
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(C) Variance Request - Increase Sign Square Footage For EEA DeVille (Galleria
Courtyard Apartments) - 2475 Spring Road
Mayor Bacon stated Items 3-C, 3-D and 3-E are all relative to the same property and will be
handled by Councilwoman Capilouto. Mayor Bacon stated this is a public hearing and asked if
anyone was present who wished to comment on the variance requests for this property. There
were no comments.
Councilwoman Capilouto stated these three items are being tabled to allow the sign company to
deliver pictures and drawings of the proposed new sign and pictures of the old sign. Ms.
Capilouto further stated this sign will actually replace the old sign and the new sign will be
smaller. Ms. Capilouto stated the request for the setback on the front of the property is due to
the widening of Spring Road. Ms. Capilouto stated she would like to have the pictures
available for review before any action is taken on these items.
Councilwoman Capilouto made a motion to table the variance request to increase sign square
footage for EEA DeVille to the September 8, 1998, council meeting. Councilman Hawkins
seconded the motion. Motion was approved 7-0.
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(D) Variance Request - Increase Sign Height from 8 Feet to 10 Feet for EEA DeVille
(Galleria Courtyard apartments) - 2475 Spring Road
See narrative above.
Councilwoman Capilouto made a motion to table the variance request to increase sign height
from 8 feet to 10 feet to the September 8, 1998, council meeting. Councilman Hawkins
seconded the motion. Motion was approved 7-0.
(E) Variance Request - Reduce Sign Setback from 15 Feet to 1 Foot for EEA DeVille
(Galleria Courtyard Apartments) - 2475 Spring Road
See narrative above.
Councilwoman Capilouto made a motion to table the variance request to reduce the sign setback
from 15 feet to 1 foot to the September 8, 1998, council meeting. Councilman Hawkins
seconded the motion. Motion was approved 7-0.
FORMAL BUSINESS:
(A) Appointment to Civil Service Board
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Councilman Newcomb stated Charles Perkins appointment to the Civil Service Board has
expired. Mr. Newcomb made a motion to re-appoint Charles Perkins to serve on the Civil
Service Board for a two-year term as authorized in the Charter of the City of Smyrna.
Councilman Lnenicka seconded the motion. Motion was approve 7-0.
Councilman Newcomb thanked Mr. Perkins for his years of service on the Civil Service Board.
August 17, 1998, meeting - continued
COMMERCIAL BUILDING PERMITS:
There were none.
BID AWARDS:
(A) Bid Award (Bid #98054) - High Density Filing System, Court Services
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Councilman Newcomb stated the Court Services Committee recommends the bid for a high
density filing system be awarded to the Walter H. Hopkins Company. Mr. Newcomb made a
motion the bid be awarded to Walter H. Hopkins Company for a total cost of $13,588. He
further stated this is not the low bidder but is the second lowest bid and one the city feels will
provide the most consistent service for the system. Councilman Cramer seconded the motion.
Motion was approved 7-0.
(B) Bid Award (Bid #98053) - New Holland Skid Steer Loader and Attachments
Councilman Scoggins stated there is approximately $605 difference in the low bid and the bid
from Cobb Tractor. Mr. Scoggins stated the Parks and Recreation Committee feels the bid
from Cobb Tractor is in the best interest of the City for warranty convenience and made a
motion to award the bid for a New Holland skid steer loader and attachments to Cobb Tractor
for a total delivered price of $29,164. Councilman Lnenicka seconded the motion. Motion
was approved 7-0.
(C) Bid Award (Bid 98049) - Construction of Smyrna Museum
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Councilman Hawkins stated fourteen vendors were solicited to submit bids on the construction
of the Smyrna Museum to be built to look like the old Smyrna Train Depot. Councilman
Hawkins stated the low bidder meeting specifications was Charles Cook Construction for a total
cost of $245, 500 with the city retaining 15 % of that amount until the contract has been
completed to the city's satisfaction. Councilman Hawkins stated the Public Works Committee
met on August 10 and reviewed the bids and recommends the bid be awarded to Cook
Construction Company. Councilman Hawkins made a motion to award the bid for the
construction of the Smyrna Museum to Charles Cook Construction, the low bidder meeting
specifications, for a total cost of $245,500. Councilman Cramer seconded the motion. Motion
was approved 7-0.
(D) Bid Award (Bid 98050) - Construction and Restoration of Aunt Fanny's Cabin
Councilman Hawkins stated this is actually a reconstruction job rather than construction. Mr.
Hawkins stated fourteen vendors were solicited and Wayco Builders Construction was the low
bidder meeting specifications. Councilman Hawkins stated the Public Works Committee met
and reviewed the bids and recommends the bid be awarded to Wayco Builders Construction.
Councilman Hawkins made a motion to award the bid for the construction and restoration of
Aunt Fanny's Cabin to Wayco Builders Construction for a total cost of $126,248. Councilman
Scoggins seconded the motion. Motion was approved 7-0.
(E) Bid Award (Bid 98051) - Welcome Center Site Development
Councilman Hawkins stated this is for the concrete work and the landscaping work that will go
into the project and will include some of the brick work around the area. Mr. Hawkins stated
only one vendor responded to the bids - Wayco Builders Construction. Councilman Hawkins
stated the Public Works Committee met and reviewed the bids and recommended the bid be
awarded to Wayco Builders Construction. Mr. Hawkins made a motion to award the bid for
the Welcome Center site development to Wayco Builders Construction for a total cost of
$115,465. Councilman Scoggins seconded the motion. Motion was approved 7-0.
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CONSENT AGENDA:
(A) Approval of August 3, 1998 Minutes
(B) Approval to Use Council Chambers August 19, 1998, from 6:30 - 9:30 p.m. - Vinings
Forest Homeowners Association
(C) Approval of Name Change for Brookview Apartments to Cumberland Run Apartments
(D) Approval to Request Bids - Police Patrol Unit
(E) Approval to Request Bids - FY99 Street Resurfacing
August 17, 1998, meeting - continued
(F) Approval of Amendments to FY98 Budget
(G) Approval to Request Bids - Community Service Van
(H) Approval to Request Bids - Lowering and Replacement of 10" Water Main
(I) Approval to Request Bids - Installation of Sewer Main to Vinings Oaks Subdivision
(J) Approval to Request Bids - Computer Software for Public Works
(K) Approval to Request Bids - Engineering Study - Belmont Sewer Lift Station
(L) Authorize Mayor to Sign Agreement with Knox-Wall (Develop RFP's for Downtown
Construction)
*(M) Proposal for Surveying Services
*Councilman Hawkins made a motion to suspend the rules for the purpose of adding an item to
the consent agenda. Mr. Hawkins stated he would like to add as item (M) Proposal for
Surveying Services. Councilman Cramer seconded the motion to suspend the rules. Motion
was approved 7-0.
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Councilman Hawkins made a motion to add an item to the consent agenda as item (M) Proposal
for Surveying Services. Councilman Cramer seconded the motion. Motion was approved 7-0.
Mr. Smith stated Item (M) on the consent agenda is to allow a comprehensive survey of the
slope and land in the downtown area and this item will authorize the engineering firm to
undertake this service for the city.
Councilman Hawkins made a motion that the consent agenda be approved. Councilman Cramer
seconded the motion. Motion was approved 7-0.
COMMITTEE REPORTS:
Councilman Scoggins asked Maryclaire Andres for a report from the Community Relations
Department. Ms. Andres congratulated Katie Freeman on being crowned as Miss Cobb County
for 1998. Ms. Freeman is a resident of Smyrna, Ward 6.
Ms. Andres reported the "Taste of Smyrna" event will be September 12, 1998, on the Village
Green from 4 - 10 p.m.
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Councilman Scoggins asked Michael Seigler for a report from the Library. Mr. Seigler
reported there are two excellent displays in the library currently - Mr. Bill Sullens display of
landscape watercolors; and Mike Marsh has a display of his collection of lighthouses. Mr.
Seigler then reported the Friends of the Smyrna Library now has 400 members making them
one of the largest groups in the State probably the second largest "Friends" group behind the
Atlanta/Fulton County Friends Group - which has about 1400 members. Mr. Seigler reported
the Mystery Dinner Theater will be held the last weekend in September and ticket forms will be
mailed with the water bills.
Councilman Scoggins asked Steve Ciaccio for a report from the Parks and Recreation
Department. Mr. Ciaccio thanked everyone who attended the August I birthday celebration.
He commended them for not littering the Village Green. Mr. Ciaccio reported the field
lighting at Campbell Middle School is up and running; Tolleson Pool will be closing after
September 7 (Labor Day Weekend); Kidscape Village parking lot should be completed by the
end of August; Tolleson Park multi-purpose building will be completed by the middle of
September; upper Jonquil Park soccer field was recently sodded.
Councilman Hawkins asked Ann Kirk for a report from Keep Smyrna Beautiful. Ms. Kirk
announced the 9th Annual Work Glove Luncheon will be held at Ryan's Restaurant on
Wednesday, August 19. Ms. Kirk reported the Charter memberships for the Keep Smyrna
Beautiful are closed out now and they will present the Mayor and Council with a plaque
designating the first year of community memberships. Councilman Hawkins asked Ms. Kirk to
express his appreciation to all the workers who attend the Work Glove Luncheon on
Wednesday as he will be unable to attend. Ms. Kirk stated the community has donated door
prizes to be given away at the luncheon and encouraged any business wishing to donate prizes
to contact her tomorrow. Mayor Bacon donated a lunch with the mayor to be given as a door
pnze.
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Councilman Hawkins asked Scott Stokes for a report from the Public Works Department. Mr.
Stokes reported the Water/Sewer Division is continuing their extensive camera inspection of the
sewer system; Street Department is completing the work on Turner Drive in Ward 5 -
August 17, 1998, meeting - continued
installation of a new water and sewer system, curbing of the entire street and re-asphalting the
street; next curb and gutter project will be Old Concord Road and sidewalk work on South
Cobb Drive. Mr. Stokes further reported the Sanitation Department is re-working the pickup
schedule especially on the Herbie Curby routes. Mr. Stokes reported that on Wednesday or
Thursday Aunt Fanny's Cabin will be moved to its permanent location and stated he will notify
Ms. Andres in time for pictures to be made of the move. Councilman Hawkins asked Mr.
Stokes about the speed humps on Fraser Street and Mr. Stokes responded the new speed humps
have been installed and the city has not received any complaints on them to date.
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Councilman Hawkins asked Robin Broyles for a report on the Community Development
Department. Mr. Broyles reported on the building permit numbers for July as follows:
estimated construction costs thus far is $55,449,000 compared to last year's figure of
$47,667,000; building permit costs to date are $211,012 compared to last year's figure of
$233,800.
Councilman Cramer announced he will be having a Ward 5 meeting in September.
Councilman Lnenicka announced there is no report from the Finance Department this evening.
Mr. Lnenicka stated the water bills have a new format and encouraged anyone with questions
concerning the new bills to contact either Claudia Edgar or Mike Hickenbottom at City Hall.
Mr. Lnenicka congratulated Katie Freeman and her parents on her achieving the title of Ms.
Cobb County.
Councilman Lnenicka announced a meeting this Wednesday evening at 7:00 p.m. at city hall
for the Vinings Forest Homeowners Association.
Councilman Lnenicka stated he would like to say goodbye to Mary Ann White and thanked her
for all her work through the years she has worked for the City.
Councilman Wood asked Mary Ann White for a report from the Human Resources Department.
Ms. White announced several job openings the city currently has posted including the Director
of Human Resources position.
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Ms. White announced representatives from The Segal Company will be at city hall on Tuesday
evening and Wednesday morning to meet with the city employees wishing to get any
information concerning the study.
Ms. White thanked her staff for all their efforts during her six-year tenure with the City. Ms.
White also thanked the elected officials and the department heads for their support and
cooperation during her employment with the city. Ms. White stated she is also grateful to the
citizens of the City of Smyrna for the opportunity to serve them.
Mayor Bacon wished Ms. White good luck in her new endeavor and thanked her all the good
work she has done for the city. Mayor Bacon stated the last several weeks or months the city
has called upon her to do some things way above the call of duty and these things required a lot
of time and appreciated her efforts on behalf of the city. He stated the decisions of the Mayor
and Council were dependent on Ms. White and her staff providing the information requested by
the elected officials.
Councilman Wood stated for the past six years Ms. White has certainly brought a great deal of
professionalism to the Human Resources Department and the city of Smyrna. Mr. Wood stated
the professionalism is too long to enumerate again but certainly they are all appreciated and
beneficial to the city. Mr. Wood stated Ms. White will be making her expertise available to
other local governments in the future as a consultant and thanked her for all her efforts and
wished her well.
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Councilman Newcomb stated he had the pleasure of working with Ms. White for a number of
years as chair of the Human Resources Committee. Mr. Newcomb stated Ms. White deserves
a lot of credit for bringing the level of professionalism to her position that surpassed what was
in existence when she came to the city. Mr. Newcomb thanked Ms. White for all her efforts
over the year.
Councilwoman Capilouto expressed her appreciation to Ms. White for being the sounding board
for all the employees and for her mediation of the problems between management and the
August 17, 1998, meeting - continued
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employees. Ms. Capilouto thanked Ms. White for her compassion in dealing with the problems
of the employees. Ms. White complimented the integrity of her staff.
Mayor Bacon wished Mary Ann good luck as did Councilman Cramer.
Mayor Bacon recognized the staff who worked so hard at the 126 birthday celebration August 1
and commended and thanked Maryclaire Andres for the great job she did in making the event
the success it was. Mayor Bacon stated the crowd was the largest ever and thanked everyone
involved in the success of the event. Mayor Bacon also thanked Neil McHugh, Smyrna Cable
TV, for televising the event. Mayor Bacon thanked Mr. McHugh for all the support Smyrna
Cable TV has provided the city through the years.
Mr. Smith wished Mary Ann White well in her future endeavors and stated it has been a great
pleasure for him to work with her.
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City Clerk Melinda Dameron stated she has enjoyed working with Mary Ann for the last few
years and wished her good luck.
Mayor Bacon recognized Prank Bradford who thanked the Mayor and Council for their support
over the past several years. Mr. Bradford, Representative for District 30, stated he hopes to
continue to be active in the community. Mr. Bradford thanked the citizens of District 30 for
supporting him during his tenure as Representative.
Mayor Bacon thanked Mr. Bradford for his support of the city.
Councilman Hawkins stated he appreciated Mr. Bradford being available whenever he was
needed and commended him for his honesty and integrity.
ADJOURNMENT
With no further business, the meeting adjourned at 8:54 p.m.
A. MAX BACON, MAYOR
.1JJt"lI'-d/! ~
MELINDA DA RON, CITY CLERK
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RON NEWCOMB, WARD 2
BILL SCOGGINS, WARD 3
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CHARLES PETE WOOD, WARD 7