June 15, 1998 Council Meeting
June 15, 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 except Ron Newcomb who was out of town. Also present
was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E.
Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director
Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation
Director Steve Ciaccio, Keep Smyrna Beautiful Coordinator Ann Kirk, City Engineer Ken
Hildebrandt, Community Relations Director Maryclaire Andres, Carol Lincoln representing the
Human Resources Department and representatives of the press.
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Invocation was given by Councilman Pete Wood, followed by the pledge to the flag.
CITIZENS INPUT:
Mayor Bacon recognized Rich Golick, State House District 30 candidate. Mr. Golick stated
the election will be held July 21, 1998 and if he is elected he would work to benefit the area.
He then thanked the Mayor and Council for allowing him to speak at tonight's meeting.
Mayor Bacon recognized Representative Frank Bradford, State House District 30 incumbent.
Mr. Bradford stated he is seeking re-election and has served in this capacity for two years. He
further stated he is hosting a fund-raiser event at the Smyrna Community Center on June 23,
1998, from 5:30 - 7:30 p.m. Mr. Bradford thanked the Mayor and Council for allowing him
to speak at tonight's meeting.
PUBLIC HEARINGS:
(A) Amend RAD Conditional Zoning - Concord Road - Tract Just West of Concord Walk
Subdivision
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Mr. Smith stated this request is to amend the previously approved RAD Conditional Zoning due
to a Colonial Pipeline easement. He stated the developer, Mr. Bill Huff, is requesting this in
order to modify the plans to accommodate the pipeline easement and stated this amended zoning
will eliminate two lots from the plan. Mayor Bacon stated this is a public hearing and asked if
anyone was present in opposition to the granting of this amendment to the zoning request.
There was none.
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Councilman Wood recognized Bill Huff, Tim Arnold - Pulte Home Corporation and Andy
Bellflower - Travis Pruitt Associates. Mr. Wood stated this property was rezoned, annexed and
rezoned again, in January 1998, for Mr. Huff but since that time Pulte Homes has acquired the
rights to develop the property. Mr. Wood then asked Mr. Huff to explain why the variance is
necessary and to describe the plans for the property. Mr. Huff stated this is for an amendment
to the site plan and they have amended the configuration of the plans. He stated when they
were developing the plans, the grading over the Colonial Pipeline exceeded their limitations on
the extent of fill over the pipeline. He stated in order to accommodate Colonial the crossing
over the pipeline has actually been extended closer toward Concord Road - where the pipeline
runs flatter and therefore the fill ran to a minimum grade that should satisfy Colonial Pipeline.
Mr. Wood stated that necessitated a reconfiguration of the plans and as a result of that there
will be two less lots and will change where the houses, in some cases, are located on this plan.
He stated in the previous plan the amenity package was near Concord Road. Mr. Huff stated
that was correct and to reconfigure it all and try to make the grades work with the lots they
moved the amenity package near the Colonial Pipeline easement and developed a cul-de-sac up
near the road frontage. He further stated the entrance was previously about two-thirds of the
way to the west along the road frontage and now it is almost in the center of the 1,000-foot
road frontage with two cul-de-sacs on either side extending back toward Concord Road.
Councilman Wood stated he understands the need to make the change but was concerned about
clear-cutting on that grading for the development and further stated he was unhappy about the
clear cutting and did not think there was a lot of effort to save a lot of the trees along Concord
Road. He stated he had talked with the people in charge of that part of the development and
although it was not illegal, it was not what he expected after dealing with Mr. Huff for some
time on this development. Mr. Wood stated there are requirements about landscaping on all the
lots that abut Concord Road and feels now the developer will have a lot more to do.
June 15, 1998 meeting - continued
Councilman Hawkins asked if they are planning to bring in some good sized trees, maybe six or
seven feet, and reset them out between Concord Road and the turn off so it will not look so
bare. Mr. Arnold responded they plan to put some hardwoods, three or four inch caliper, that
will be in the ten to twelve foot range on 40 - 50 foot centers. He further stated those plans are
not completed now. Mr. Arnold stated there will be fence along the area, then the trees then
the five-foot tall Leland Cyprus on IS-foot centers and that will be a backdrop material. He
stated they had spoken with a landscape architect last week about the road frontage design.
Councilman Hawkins stated he thought that was a good idea and that it's important to keep the
roadways shaded which makes the subdivisions more aesthetically pleasing. Mr. Arnold
further stated they are planning to do 100% sodded yards, minimum of two trees per lot, any
embankments will be embedded with Junipers and pine straw. He stated the current plans show
about 25 % of the property still remains wooded and in its natural state. He stated there is quite
a bit of buffer areas around Nickajack Creek and the tributary that feeds it and all of that is left
fairly natural except for where the road crossing is. He stated they have looked at the
recompense and they actually exceed it by about 100% and they are still putting in the two trees
per lot.
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Councilman Wood stated this development will now be 145 total lots with a density of 2.70
units per acre. Councilman Wood made a motion to approve the requested changes in the site
plan for the Bentley Park Subdivision on Concord Road. He stated the motion is subject to the
following:
1. All the existing conditions that were placed at the time of rezoning in January 1998 will
remain in place with the exceptions listed below.
a. The total number of lots will be 145.
b. The density will be 2.7 lots per acre.
c. All homes that abut Concord Road will have a minimum of 2,000 square feet of interior
heated floor space; all other lots will have a minimum of 1,800 square feet of heated
floor space.
d. The development will include an amenity package containing a swimming pool, two
tennis courts and a bathhouse.
e. Minimum setbacks will be: Front - 20 feet; Side - 5 feet with a minimum of 15 feet
between buildings; Rear - 30 feet.
f. Lot development standards will be in accordance with preliminary plans prepared by
Franzman-Davis with the change as noted on the plan as submitted with this application
and in fact this plan will replace the Franzman-Davis plan that was originally
submitted.
g. The development will have masonry entrance monuments and subdivision signage that
will be landscaped.
h. There will be a mandatory homeowner's association.
1. The development will have landscaping placed on the rear of all lots that abut Concord
Road that will consist of large five to six foot high hollies or Leland Cyprus and these
plants will be spaced twelve to fifteen feet apart on center.
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Councilman Cramer seconded the motion. Motion was approved 6-0.
FORMAL BUSINESS:
(A) Extension of Apartment Moratorium - July 7, 1998 - January 7, 1999
Mr. Smith stated this is a six-month extension of the apartment moratorium which the city has
had in place for a number of years. He stated this moratorium is in keeping with the
Comprehensive Plan in an effort to further establish a proper balance in residencies in the City
of Smyrna.
Councilman Hawkins stated in January of 1998 the city extended the moratorium on building
any new apartments or zoning any property for apartment dwellings. He stated the current
moratorium will end in July of 1998. Councilman Hawkins made a motion to extend the
apartment moratorium from July 7, 1998, until January 7, 1999. Councilman Cramer seconded
the motion. Motion was approved 6-0.
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June 15, 1998 meeting - continued
(B) Validate Petition to Annex Property - North Side of Reed Road (10.845 Acres) - Land
Lot 479, 2nd Section, 17th District, Cobb County, Georgia
Mr. Smith stated this request for annexation is from MDC Homes Corporation. He stated they
are also submitting a zoning change to RAD Conditional for the development of thirty-seven
single-family homes that will be consistent with the development in that area.
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Councilman Wood made a motion to validate the petition to annex the property on the north
side of Reed Road (10.845 acres) in Land Lot 479, 2nd Section, 17th District, Cobb County,
Georgia and set a public hearing date for July 20, 1998 (legal description below). Councilman
Wood stated the zoning will be acted on prior to the annexation. Councilman Lnenicka
seconded the motion. Motion was approved 6-0.
All that tract or parcel of land lying and being in Land Lot 479 of the 17th District and 2nd
Section of Cobb County, Georgia and being more particularly described as follows:
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Beginning at an iron pin found at the northeast corner of Land Lot 479 (said corner being the
common corner of Land Lots 479,480, 529 & 530) and running thence South 01 degrees 29
minutes 08 seconds East along the east line of Land Lot 479 a distance of 577.41 feet to an iron
pin found; running thence South 71 degrees 17 minutes 28 seconds West, and departing the east
line of Land Lot 479 a distance of 132.10 feet to a point; running thence North 65 degrees 03
minutes 32 seconds West a distance of 127.91 feet to an iron pin found; running thence
southwesterly the following courses and distances; along the arc of a curve to the right 101.42
feet (said arc having a chord distance of 101.25 feet on a bearing of South 30 degrees 40
minutes 38 seconds West and a radius of 502.46 feet); thence South 36 degrees 27 minutes 35
seconds West, 93.90 feet to an iron pin found on the northeasterly r/w of Reed Drive (50'
r/w); running thence northwesterly along the northeasterly r/w of Reed Drive (50' r/w) and
along the arc of a curve to the left, a distance of 50.04 feet to a point (said arc having a chord
distance of 50.02 feet on a bearing of North 51 degrees 49 minutes 14 seconds West and a
radius of 527.79 feet); running thence northeasterly, and departing the northeasterly r/w of
Reed Drive, the following courses and distances: North 36 degrees 47 minutes 35 seconds
East, 92.40 feet; thence along the arc of a curve to the left 98.02 feet to an iron pin found (said
arc having a chord distance of 97.83 feet on a bearing of North 30 degrees 15 minutes 13
seconds East and a radius of 452.46 feet); running thence North 67 degrees 27 minutes 55
seconds West a distance of 169.71 feet to an iron pin found; running thence North 53 degrees
35 minutes 21 seconds West a distance of 91.54 feet to an iron pin found; running thence North
88 degrees 03 minutes 50 seconds West a distance of255.30 feet to an iron pin found; running
thence North 88 degrees 07 minutes 59 seconds West a distance of 220.04 feet to an iron pin
found; running thence North 03 degrees 54 minutes 41 seconds East a distance of 400.14 feet to
an iron pin found on the north line of Land Lot 479; running thence North 89 degrees 45
minutes 00 seconds East along the north line of Land Lot 479 a distance of 946.93 feet to the
northeast corner of Land Lot 479 and the point of beginning; said property containing 10.84563
acres or 472,436 square feet.
COMMERCIAL BUILDING PERMITS:
(A) Building Permit - Choate Construction Company - construction of a 132,000 Square
Foot Shell Office Building - Comdisco - 5600 United Drive - Highlands Park
Councilman Wood stated this is another major building in the Highlands Park development. He
stated this is for Comdisco, a high-tech type company, with an estimated construction cost of
$2,359,000 and moved approval of the building permit. Councilman Lnenicka seconded the
motion. Motion was approved 6-0.
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BID AWARDS:
(A) Bid 98023 - Computers for Fire Department
Councilman Cramer stated the Fire Committee recommends the bid be awarded to the low
bidder meeting specifications - Computer Land of Athens, Georgia. He further stated David
Monroe, Manager of Information Services, also recommends this bid award. Councilman
Cramer made a motion the bid for the replacement of computers in the Fire Department be
awarded to Computer Land, Athens, Georgia, for a total delivered price of $12,184.
Councilman Hawkins seconded the motion. Motion was approved 6-0.
June 15, 1998 meeting - continued
(B) Bid 98025 - Replacement Fire Hose for Fire Department
Councilwoman Capilouto stated the low bidder meeting specifications is First Responder Fire
and Safety of Riverdale, Georgia. Councilwoman Capilouto made a motion the bid be awarded
to First Responder Fire and Safety of Riverdale, Georgia for a total delivered price of $13,624.
Ms. Capilouto noted this is also the recommendation of the Fire Committee. Councilman
Scoggins seconded the motion. Motion was approved 6-0
CONSENT AGENDA:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(1)
(K)
(L)
Approval of June 1, 1998, Minutes
Approval of FY 1999 One Percent Road Improvement Budget
Approval to Install Traffic Signal - Cobb Parkway at Circuit City
Approval of Rate Adjustment - Sweeping Corporation of America
Approval to Request Bids for Replacement of a 2" Galvanized Water Main on Daniel
Drive
Approval to Request Bids to Move and Replace 600 Feet of 8" D.I.P. Water Main
Approval to Request Bids to Replace and Upgrade Public Works Computer Hardware
Systems
Approval to Request Bids for Recycling (Curbside)
Approval of Economic Incentives for Gates At Vinings, Phase II
Approval of City's Workers' Compensation Insurance with GMA
Approval to Request Bids - Image Scanning for Storage - Police Department
Approval of Intergovernmental Agreement - HB 489
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Councilman Lnenicka made a motion that Item 7-C - Approval to Install Traffic Signal - Cobb
Parkway at Circuit City - be tabled indefinitely. Councilman Cramer seconded the motion.
Motion to delete Item 7-C from the Consent Agenda was approved 3-2-1 with Councilman
Scoggins and Councilman Hawkins opposed and Councilwoman Capilouto abstaining.
Councilman Scoggins made a motion to approve the consent agenda with the removal of Item 7-
C. Councilman Cramer seconded the motion. Motion was approved 5-0-1 with Councilwoman
Capilouto abstaining.
COMMITTEE REPORTS:
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Councilman Wood announced Mary Ann White is out of town attending a training conference
and asked Carol Lincoln for a report from the Human Resources Department. Ms. Lincoln
announced several job openings for the city.
Councilman Lnenicka asked Claudia Edgar for a report from the Finance Department. Ms.
Edgar reported the city has been awarded the GFOA Excellence Certificate for Financial
Reporting and further stated this is the tenth year the city has won this award. Ms. Edgar
expressed her appreciation to her staff, especially Mike Hickenbottom, for their work in
achieving this award.
Councilman Lnenicka announced a meeting June 17, 1998, at city hall for the Vinings Forest
Homeowners Association. He encouraged all interested citizens to attend the 7:00 p.m.
meeting.
Councilman Hawkins asked Ann Kirk for a report from the Keep Smyrna Beautiful
Department. Ms. Kirk reported on the recycling report for the month of May and stated the
city recycled 98.75 tons from curbside recycling thus saving the city $2,913 in tipping fees.
Ms. Kirk then thanked Cable Time and Smyrna Cable for running the new Keep America
Beautiful crying Indian anti-litter public service announcement 370 times during the month of
May. She further stated they will continue to do this indefinitely.
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Councilman Hawkins reported that he is still receiving comments about the status of the
widening of Concord Road from Atlanta Road to South Cobb Drive. Mr. Hawkins stated that
if the 1 % Road Improvement tax passes in October, the County will consider placing that
project back on the list of projects but that it is not definite. He stated this is based on the
feedback he is getting from the County and their stating they are pretty positive about the
project if the 1 % road tax passes.
June 15, 1998 meeting - continued
Councilman Scoggins asked Maryclaire Andres for a report from the Community Relations
Department. Ms. Andres reported the second summer concert is scheduled for Friday night,
June 19 with J. R.'s Big Band Express from 8 - 10 p.m. Ms. Andres reported that Sports
Illustrated recognized Fox Creek and Legacy Golf Links as the sixth best driving range in the
United States. Ms. Andres reported plans are underway for the Saturday, August 1, birthday
celebration beginning at 3:00 p.m. Ms. Andres then reported the Smyrna Night at the Braves
on June 10 was a big success.
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Councilman Scoggins asked Michael Seigler for a report from the Library. Mr. Seigler
reported there were 11,516 items circulated last month; 14,388 people visited the library during
the month of May and 1,314 children participated in different types of programs during the
month. Mr. Seigler commented on the article in the Marietta Daily Journal today on the
Children's Summer Reading Club Program. Mr. Seigler stated Ms. May Cao will be
exhibiting portraits in the Library through the end of the month. Mr. Seigler stated the
Pandean Players performed a concert in the library on June 10 and they will be returning later
for another concert. Mr. Seigler stated the Smyrna Library has been selected as on e of the
first three places in the State to be a part of the project "Vote Smart Program" which is a non-
partisan program designed to provide material for the public so the public can make informed
decisions. Mr. Seigler reminded everyone if they want to vote in the July 21 primary, there are
six remaining days in which they can register to vote. Mr. Seigler commented that at a recent
meeting sponsored by the American Friends and Trustees Association the Smyrna Friends of
the Library was recognized in a national publication. He stated the article was about the
reception held at the end of the Christmas Parade and the event was mentioned as an excellent
way to promote libraries through the "Friends" to the public. Councilman Lnenicka thanked
Mr. Seigler for his support of that group and the work of all the volunteers who are members
of that. He also expressed his appreciation to Lillie Wood who chairs that group.
Councilman Scoggins asked Steve Ciaccio for a report from the Parks and Recreation
Department. Mr. Ciaccio reported on the summer camp schedule offered through his
department. Mr. Ciaccio reported there is a League Meet at Tolleson Pool this evening and the
"Smyrna Sharks" are involved in that program. Mr. Ciaccio reminded the citizens of the
walking trail at Tolleson Park.
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Councilwoman Capilouto announced she is having a Ward 1 town meeting on July 15 at 7:30
p.m. in the Community Room at the Community Center.
Chief Larry Williams reported the city assisted Cobb County in fighting the fire at the
Doubletree Hotel today. He stated the Smyrna Police Department actually spotted the fire and
evacuated the building. Chief Williams stated his department responded to twenty-two calls last
Friday and forty calls for the weekend total. He stated these calls were mostly heat-related and
encouraged everyone to take frequent breaks when working outdoors.
City Clerk Melinda Dameron announced the applications for absentee ballots are available at
City Hall
Mayor Bacon recognized Ms. Ruth Wilson who teaches a citizenship class at the First Baptist
Church. Ms. Wilson stated her class would like to build a float for the July 4th parade and
asked if anyone had a forty-foot trailer to please contact her. She stated they would also need a
place to store the trailer.
ADJOURNMENT
With no further business, the meeting adjourned at 8:28 p.m.
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June 15, 1998 meeting - continued
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A. MAX BACON , MAYOR
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MELINDA DAMER~N, CITY CLERK
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CHARLENE CAPILOUT , WARD 1
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RON NEWCOMB, WARD 2
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