August 3, 1998 Council Meeting
August 3, 1998
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All
council members were present. Also present was City Administrator Howard Smith, City Clerk
Melinda Dameron, City Attorney Charles E. Camp and representatives ofthe press.
Invocation was given by Reverend Wayne Johnson, followed by the pledge to the flag.
CITIZENS INPUT:
Mayor Bacon invited candidates for public office to come forth.
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David Ralston, candidate for Attorney General of Georgia, and on the republican run-off ballet on
August 11, 1998, introduced himself. He expressed appreciation to be allowed to speak. He
commended the City for its good reputation, progressiveness, and on being a provider of good
quality government. He continued to summarize his qualifications, commitments, and goals of
his candidacy.
Mike Todd, candidate for State Senator for the Smyrna, Vinings, and East Cobb area, introduced
himself. He summarized his qualifications, commitments, and goals of his candidacy.
Gary Pelphrey, candidate for 6th District House of Representatives, introduced himself and
expressed his appreciation for being allowed to speak. He summarized his qualifications,
commitments, and goals of his candidacy. He commended the City on the 126th Birthday
Celebration.
Mayor Bacon introduced Ralph Hancock to speak about the 1 % Sales Tax. Mr. Hancock
reminded citizens that in four weeks school will start back and that Cobb County is still short of
renovations and construction needs for the children. He stated that the only way to meet these
needs is to pass a 1 % Sales Tax, a special option, made possible by the Georgia Legislature. He
stressed how important it was that this tax is passed this year, and encouraged citizens to vote in
favor of the 1 % Sales Tax.
FORMAL BUSINESS:
...
(A)
Approval of Resolution to Establish a Probation System for the City of Smyrna
Mr. Smith stated that after a thorough study was conducted and with approval ofthe Court
Services Committee, this Resolution to establish a probation system for the City of Smyrna was
being presented tonight. He noted that the Probation Division will operate under the guidance of
City Clerk and Clerk of Court Melinda Dameron. Councilman Newcomb read the Resolution
(Attached) Councilman Newcomb stated that until now the probation services had been handled
by a private probation services company, and upon the passing of this Resolution and swearing in
of officers, this service will now be conducted at the City of Smyrna. Councilman Newcomb
moved that this Resolution be adopted. Councilman Jim Hawkins seconded the motion. Mayor
Bacon asked if there were any opposition to this motion. Motion was approved 6-0-1 with
Councilwoman Charlene Capilouto abstaining.
(B) Oath of Office - Probation Officers
Mayor Bacon asked R. Michael Whaley to administer the oath and invited Cassie Salinas Cole,
and Colleen Leisenring-Bolton and their spouses to step forward. Judge Whaley stated that the
Probation Services Office is a valuable and necessary part of the court. Cassie Salinas Cole was
sworn in as Chief Probation Officer of the City of Smyrna Municipal Court by Judge Whaley.
Colleen Leisenring-Bolton was sworn in as Probation Officer of the City of Smyrna Municipal
Court. Melinda Dameron noted that the third probation officer, Katherine T. Wilder, could not be
present tonight, but would be sworn in at a later date.
PUBLIC HEARINGS:
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(A) Variance Request - 3060 Jonquil Drive - Reduce Side Yard Setback from 100 Feet to 20
Feet - To allow for an Accessory Structure
(B) Variance Request - 3060 Jonquil Drive - To Allow 6-Foot Chain Link Fence in Front
Yard
Mr. Smith gave the background on the two variance requests for Scapes Landscape Management.
Mr. Smith stated this is a request from Scapes Landscape Management to reduce the side yard
August 3, 1998 - Continued
setback from 100 feet to 20 feet in order that trucks will have enough room to turn around and to
provide necessary parking. Mr. Smith stated that the other variance request was to have a 6-foot
chainlink fence in the front yard in order to secure the premises and plants stored on the site.
Mayor Bacon stated this is a public hearing and asked if anyone was in opposition of these
variance requests. There was none.
Councilman Newcomb asked Steve Coffey, representative of Sea pes Landscape Management, to
explain why this setback is requested. Mr. Coffey informed that the property was about 6.25
acres and there were two building structures proposed: a small office of2500 square feet and a
warehouse to store dry goods. He noted that because the site contained floodplains, there were
only these two places on the site for these two structures. The reason for the variance request is
to have a site for the warehouse building. Councilman Newcomb noted that he had seen the
property and that because the property consisted of a floodplain and railroad track, a variance
would be required in order to have two buildings on the site. After discussion, Councilman
Newcomb moved that the variance request to reduce the side yard setback from 100 feet to 20
feet be approved. Bill Scoggins seconded the motion. The motion was approved 7-0.
....
Councilman Newcomb then addressed the request for the chainlink fence. Councilman
Newcomb noted that this was disallowed in the City's ordinances and asked Steve Coffey to
explain the reason for this request. Mr. Coffey noted that they were excited about being in the
area, but were concerned about possible vandalism and theft in the area. For security reasons, the
company would like to have a fence since some of the trees cost $1000s. Mr. Coffey noted that
Scapes will use landscaping to screen the fence and help the appearance. Councilman Newcomb
verified that the City requests the fence on the Jonquil Road side be black and also contain
decorative wrought iron. Councilman Newcomb inquired about what Scapes would do for the
Pinecrest Circle side. Mr. Coffey replied that the fence would be back in the edge of the woods.
Mr. Coffey stated that the company had been in business for 22 years and currently does high-
end, design built residential work. Councilman Newcomb verified that the site was light
industrial. After verification there was no other opposition, Councilman Newcomb moved that
the variance request at 3060 Jonquil Drive to have a 6-foot chainlink fence in the front yard be
approved. Councilman Cramer seconded the motion. The motion was approved 7-0.
(C)
Rezoning Request - Property on Atlanta Road Behind Brawners (18.01 Acres) - Rezone
from 0 & I to RAD-Conditional, Single Family Residential
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Mr. Smith stated that John Wieland Homes is requesting to rezone 18.01 acres for a 60-10t
subdivision with a net density of3.63 lots per acre. It is located behind Brawners and will become
a part of Heritage at Vinings Subdvision.The Planning and Zoning Board heard this request at
their July 13, 1998 meeting with a number of stipulations. It was approved and recommended to
Council 7-0. Mayor Bacon stated this is a public hearing and asked if there was anyone in
opposition of the rezoning of this property. Attorney Chuck Camp administered the oath to those
who wanted to speak.
Councilman Lnenicka introduced Mr. John Wieland and Mr. Dan Fields from John Wieland
Homes. Councilman Lnenicka thanked Mr. Wieland and Mr. Fields and the residents at Heritage
at Vinings for their cooperation and interaction, and taking the time to work together. Mr. Fields
began the presentation. Mr. Fields stated that several meetings had been set up with adjacent
owners to work out details. As requested by the Planning and Zoning Board, he verified that the
density is 3.63 units per acre. He stated that he would generally speak about the stipulations and
allow Councilman Lnenicka to follow-up. He described the location and named surrounding
owners. He noted that the property has some abandoned houses, which were part of the Brawner
operation. Health Care Properties is the current owner and the operator for the Brawner property
is Value-Mart. There is another area between Value Mart and Heritage at Vinings that is owned
by an individual that operates personal skills operation. The rear is part of Creatwood
Subdivision and is zoned residential. The conditions being proposed is front yard setback at 10',
side yards 5' with minimum 15' between houses and 20' rear yard set back. There is a list of
stipulations as a result of working with homeowners that will benefit both John Wieland Homes
and the homeowners. Councilman Lnenicka read the stipulations one by one and asked for
comments and discussion after each stipulation.
....
Mayor Bacon asked if there were anymore comments. Mr. Rod Miller, resident of Heritage at
Vinings, came forth to speak on behalf of the community. Mr. Miller gave a review of how
agreements were made. He thanked John Wieland Homes, Mr. Fields, and Councilman Lnenicka
for listening and working with the homeowners. He identified four major issues: (1) retention of
the buffer area between lots on Millwood Trail and proposed development (2) concern to save
trees and natural setting (3) concerns about the pool, tennis court, and pool to sustain the addition
August 3. 1998 - Continued
of more families and (4) there is only one entrance in and out of subdivision. Mr. Miller
requested that the tennis courts and clubhouse be completed at an earlier date than June of next
year.
Mr. Fields advised that the courts should be completed by October and the clubhouse soon after
that.
After review and discussion the stipulations below were presented:
STIPULATIONS FOR REZONING 18.01 ACRE ADDITION TO THE
HERITAGE AT VININGS SUBDIVISION
..
I. The name of this addition shall be The Heritage at Vinings and it will be made a phase two
part of the original subdivision.
2. There shall be protective covenants on all lots and they will require that there be a mandatory
homeowners association, and it will be combined with the homeowners association of the
first phase of The Heritage at Vinings.
3. Adequate storm and water detention shall be provided such that the development creates no
increased run off for the 100 year storm event, as approved by the City Engineer. In
particular, the creek on the southeast boundary will be protected from erosion, flooding and
siltation. John Wieland Homes will agree to construct detention ponds of at least 110% of the
peak pre-development water runoff.
4. All homes will have an attached two car (or larger) garage, and the garage area shall in no
case be used to calculate minimum floor space.
5. Decorative streetlights will be installed in the new subdivision, and will match those installed
in the first phase of the subdivision.
6. All utilities in the subdivision will be underground.
...
7. The rear yard building set back on all yards shall be a minimum of 30 feet on all lots adjacent
to the creek on the southeast boundary, and a minimum of 25 feet on all lots on the east
boundary adjacent to lots in the original phase of the subdivision, and a minimum of 20 feet
on all other lots. Front building setbacks on all lots shall be a minimum of 10 feet. Side yard
setbacks on all lots shall be a minimum of 5 feet with at least 15 feet between any homes.
The minimum lot size shall be 5500 square feet.
8. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes
both within and adjacent to the subdivision. The City Engineer shall approve their design and
placement and ensure that adequate access for maintenance is provided.
9. The developer agrees to expand the planned recreation facility, by expanding the pool deck
by approximately 450 square feet over the existing pool plan, and by the addition of a wading
pool to be approximately 100 square feet.
10. The protective covenants shall be modified to require that all front yards be sodded.
II. No debris may be buried on any lot.
12. If the developer closes on the property and if the developer does not begin construction
within one year from the date of closing on the entire property, then the entire property will
become zoned R-15.
..
13. The homes built in the addition will be at least comparable to those homes built in the rest of
the subdivision (phase one development), with regard to architectural style, building materials
used, colors, minimum square footage and landscaping. The homes in phase two will be a
minimum of 2,200 square feet of heated and cooled space.
14. There shall be a 25-feet buffer on the additional area along the entire property line abutting
the existing lots in the original part of the subdivision. This buffer area shall not be disturbed
during construction (except for clearing the area necessary to construct the entrance road).
After development the buffer shall be deeded fifty percent (50%) to the adjacent landowner
on each side ofthe buffer. If the owner in the existing portion of the Heritage at Vinings
declines to receive their 50%, it shall be deeded fully to the new lot. Restrictions shall be
placed on the land to prohibit any fencing or clearing, except for dead trees or weeding, and
to prohibit the construction of any structure in the buffer.
August 3, 1998 - Continued
15. Developer will adequately screen the detention pond on the southwest corner of phase one
with trees and/or shrubbery in accordance with the stipulations to the original development.
The City Engineer and the Chief Building Official for the City will have final approval
authority over what is "adequate."
16. Developer agrees to hire "Bartlett Tree Experts" to protect and maintain the trees to be saved
in the entire subdivision.
17. Developer agrees to provide and emplace riprap in the detention pond on the southwest
corner of the original development to match what has already been partially installed and
subject to the approval of the City Engineer.
....,
18. Developer agrees to complete installation of recreation facilities no later than June I, 1999.
19. The development shall be built in accordance with the plat as last revised dated 8/3/98.
submitted to the City
Howard Smith and Councilman Lnenicka expressed appreciation on behalf of the City and Mayor
and Council for the preservation of the Guernsey Jug and looked forward to the future historical
promotion of the building. Councilman Newcomb commended John Wieland Homes on the
comprehensive information submitted to Mayor and Council's review. Councilman Newcomb
expressed concern for how the continued growth affects the school system and stated that the City
would need to coordinate with the schools to deal with the residential growth.
Councilman Lnenicka moved that the request to rezone 18.01 acres on Atlanta Road behind
Brawner's from 0 & I to RAD Conditional, Single Family Residential, subject to 19 stipulations
discussed including stipulation 14 revision, be approved. Councilman Cramer seconded the
motion. The motion was approved 7-0.
(D) Land Use Change - Property on Atlanta Road Behind Brawners (18.01 Acres) - From
Public Institutional to Medium Density Residential
Councilman Lnenicka moved that the land use change for 18.01 acres on Atlanta Road behind
Brawner's be changed from public institution to medium density residential. Mayor Bacon stated
this was a public hearing and asked ifthere were any public comment on this motion. There was
none. Councilman Wood seconded the motion. The motion was approved 7-0.
....,
COMMERCIAL BUILDING PERMITS:
There was none.
BID AWARDS:
(A) Bid Award (Bid #98048) - Completion of Fiber Optic Backbone
Councilman Lnenicka stated that the City would like to complete the installation of the fiber optic
backbone that connects all of the electronic computer systems between buildings. Nine vendors
were sent request for proposals. Six responded. Two options within the proposals were reviewed
by the Finance and Administration Committee: (1) to terminate fiber and (2) complete backbone.
The lowest combination was to split the award. The following bids were received:
Tele-Tech
$82,252.10
$67,729.22
The Chaparral Group
Systems Atlanta
Terminate Fiber
Complete backbone:
$10,500.00
$40,195.73
....,
Highland Technology Group
$50,931.30
Horizons Technology
(bid on termination of fiber only
$ 8,725.00
Computer Land
$52,711.00
Councilman Lnenicka, upon recommendation of the Finance and Administration Committee,
moved that the award be split between Horizons Technology for the termination ofthe Fiber
Au~st 3. 1998 - Continued
Backbone ($8,725.00) and Systems Atlanta for the completion ofthe Fiber Backbone
($40,195.73). Councilman Jim Hawkins seconded the motion. The award was approved 7-0.
(B) Bid Award (Bid #98052) - Electrical Service for Church Street Center Pavilion and
Grounds
Councilman Socggins stated that only two bids were received, which were too high. Councilman
Socggins moved that the bids received for Bid 98052 be rejected and that the electrical service be
rebid. Councilman Jack Cramer seconded the motion. Bid was approved 7-0.
...
(C)
Bid Award (Bid #98055) - Ford F250 Truck for Facilities Division - Parks and
Recreation Department
Councilman Scoggins, upon recommendation of Parks and Recreation Committee, moved that the
bid be awarded to Wade Ford. Councilman Jack Cramer seconded the motion. The motion was
approved 7-0.
(D) Bid Award Fire Rescue Pumper Units
Councilman Newcomb stated upon recommendation of the Fire Chief and review by the Fire
Committee, bids were requested for combination fire engine/rescue units. Three fIfe engines are
to be replaced by these. He verified this was part of the Capital Improvement Plan and money
was in the budget. Five bids were received. Councilman Newcomb moved that the contract be
awarded to the "low bidder" Central States Fire Apparatus, dealer Southern Emergency Products
of Chattanooga, Tennessee, for $849,408 (trade-in included). Warranty and repair work will be
done locally. Councilman Lnenicka seconded the motion. The motion was approved 7-0.
CONSENT AGENDA:
Councilman Jack Cramer made a motion to suspend the rules for the Consent Agenda. Motion
was approved 7-0.
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Councilman Jack Cramer made a motion to remove Item I from the agenda which is request for
approval to change name of apartment complex from Brookview Apartments to Cumberland Run
Apartments. Councilman Jim Hawkins seconded the motion. The motion was approved 7-0.
Councilman made a motion to suspend the rules in order to add an item. Councilman Cramer
seconded the motion. The motion was approved 7-0.
Councilman Scoggins moved that a new Item I be added to approve installation of speed humps
on Hawthorn and Davenport Street. Councilman Cramer seconded the motion. The motion was
approved 7-0.
Howard Smith read revised Consent Agenda:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
... (K)
Approval of July 20, 1998 Minutes
Approval to Solicit RFP's for Supplying New Computer File Servers
Approval to Solicit RFP's for computer File Server Operating Software
Approval to Request RFP's for computer application Software Site License
Approval to Advertise Charter Amendment - Oath of Office
Approval to Request Bids for Electrical Service for church Street Center Pavilion and
Grounds
Approval to Request Bids for Landscape Truck (Parks and Recreation)
Approval to Request Bids for Gazebo at the Community Center
Request to install speed humps on Hawthorne and Davenport streets
Approval to Install Traffice Signal on Spring Road at Intersection of Spring Creek
Place/Countryside Lane
Authorize Mayor to Sign Agreement with Cobb County Soil & Water Conservation
District to Perform in-house plan reviews.
Councilman Wade Lnenicka moved that the consent agenda be approved. Councilman Cramer
seconded the motion. Motion was approved 7-0.
August 3. 1998 - Continued
COMMITTEE REPORTS:
Mayor Bacon thanked everyone representing the City's departments that assisted with the 126th
Birthday Celebration. He stated that he was proud of the event and that we couldn't have the
celebration if it was not for the employees. He thanked Senator Paul Coverdell and Congressman
Bob Barr for taking time to attend.
Frank Hancock came forth with additional comments about planned development and how the
growth affects the school system and how necessary it was to pass the 1 % tax.
Mayor Bacon continued to thank Mobey from 101.5 Kick, Wes Sargensin, and Banks and Shane.
--
Councilman Newcomb reported that the traffic signal on Spring Road at intersection of Spring
Creek Place/Countryside Lane will be working in the next day. Councilman Newcomb
commended Candis Joiner for her patience and the good, comprehensive job she does typing the
minutes. He encouraged citizens to vote Tuesday.
Councilman Scoggins thanked all the citizens and workers that participated to help make the 126th
Birthday Celebration. He thanked Patty Bacon, Steve Ciaccio, and Maryclarie Andres, who
worked long hours for the City. He thanked all departments that participated.
Councilman Jim Hawkins also thanked employees and citizens for their help and expressed
appreciation for the employee's hard work and long hours spent helping with the celebration. He
commended all of those who helped on how well the place was cleaned up after the event.
Councilman Hawkins also stated that several police officers at the annual Georgia Chiefs of
Police had commended Sargent Zgonc on the excellent job he did teaching a class on community
policing. He also commended Ken Hildebrandt, City engineer, who has been certified to do our
water and soil erosion inspections. He is signing an agreement with Cobb County in which we
can do our own onsite inspections.
Councilman Cramer expressed appreciation and thanks to employees and citizens who
participated in the birthday celebration. He also stated that Smyrna Cable filmed the event and
carried it live. He noted that Tod Miller was responsible for bringing all of the children events
during the celebration.
...",
Councilman Lnenicka also expressed appreciation and thanked everyone who helped with the
birthday celebration. Councilman Lnenicka reminded that Howell Drive in Argyle Estates would
be closed August 14, from 11:00 a.m. - 4:00 p.m. for filming. An outside production company
will be using the City's fire and police departments to film a movie about drunk driving. He read
a list of items from the National League of City's survey that people say make a family friendly
city.
Councilman Wood stated that the event was family friendly, enjoyable, and an outstanding event.
Councilman Wood expressed sadness on behalf of the City due to the passing of Reverend Bud
Abbot, who served as pastor of Smyrna First Baptist Church and was an important part of our
community.
Mayor Bacon also expressed condolences for the passing of Reverend Bud Abbot.
Mayor Bacon recognized the Oakley Downs Subdivision that had at least sixty people attending
the 1 26th Birthday Celebration. He recognized the Smyrna Little Leagues for winning the state
and we hosted the district.
Mike Todd, candidate for State Senator, followed up with additional campaign comments.
ADJOURNMENT
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With no further business, the meeting adjourned at 9: 16 p.m.
August 3, 1998 - Continued
f~
A. MAX BACON, MAYOR
l:.hlM1~ r~
CHARLENE CAPILO 0, WARD 1
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(BILL SC GGINS, W~
2:~~
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CHARLES PETE WOOD, WARD 7
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f)tJiAr J~ ~~fA4\ '
MELIND DAME ON, CITY CLERK
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RON NEWCOMB, WARD 2