November 3, 1997 Council Meeting
November 3, 1997
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 for Councilman Cramer who was out of town. 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 Steven Kimmel, First Baptist Church, followed by the pledge to the
flag.
-
CITIZENS INPUT:
Mayor Bacon asked Phagan Durham to come forward. Mayor Bacon asked Reverend Kimmel to stand
with Phagan while Councilman Wood read a proclamation declaring November 16, 1997, as John Phagan
Durham Day in the City of Smyrna. Mr. Durham thanked the Mayor and the Council for preparing the
proclamation honoring him.
Mayor Bacon asked Betty Turley and Marge Cameron to come forward. Mayor Bacon asked Councilman
Lnenicka to read a proclamation in honor of Poppy Day. Ms. Cameron thanked the Mayor and Council
for the proclamation and accepted it on behalf of the American Legion Women's Auxiliary Unit 160.
Mayor Bacon asked Representatives Sauder and Bradford to come forward. Representative Sauder
presented Scott Byers with a special resolution that was done at the Georgia House during the last year in
recognition of his outstanding baseball accomplishments. Mr. Byers thanked the elected officials for the
resolution.
Representative Bradford stated the legislature will start in just a couple of months and that he and
Representative Sauder look forward to serving their constituents.
Mayor Bacon recognized the following persons who expressed their support of Councilwoman Capilouto
and their concerns with the condition of the Chateaux DeVille Apartment complex: Ms. Joe Pate, Afton
Downs resident; Miles Stevenson, resident of Chateau DeVille; Otis Thomas, Afton Downs resident; Sue
... Levine, 2000 Oakley Trail. The residents presented the city clerk with a copy of a letter sent to the new
property owners and asked that the letter remain on file in the office of the city clerk.
PUBLIC HEARINGS:
Mayor Bacon announced the following items will be tabled and asked if anyone was present who wished
to address this issue. There was none. Mayor Bacon stated Items 3-A, 3B, 3C and 3-D will be tabled as
well as Item 3-N will be tabled to the next council meeting.
(A) Rezoning Request - Atlanta Road (4.04 Acres adjoining Northern Side of Vinings Forest
Condominiums) From Low Density Residential to High Density Residential (WL
Mr. Smith stated Realty Development Corporation has requested rezoning of these three R-15 lots which
are contiguous and requesting to build forty-eight additional condo units - four buildings on the property.
Mr. Smith stated this item has been reviewed by the Planning and Zoning Board and was approved with
certain stipulations. Mr. Smith stated the applicant is also requesting a right of way change from 80 feet
to 130 feet in front of the subject property in the form a variance requesting a front yard setback and
requesting to reduce a portion of the buffer from 75 feet to 40 feet. He stated all these requests are for the
Vinings Forest Condominium complex. Mayor Bacon asked if anyone was present in opposition to these
items on the agenda. There were none.
Councilman Lnenicka asked the applicant, Mr. Tim Tise, to come forward and briefly explain what they
are proposing to do at Vinings Forest Condominium. Mr. Tise stated Vinings Forest is a condominium
_ complex on Atlanta Road that was started in early 1995 and to-date all but two of the homes in the second
phase and about a dozen homes in the last phase (which is now under construction) have sold. Mr. Tise
stated they had in their document package, the ability to acquire the next two adjoining lots. Mr. Tise
further stated the family that owns the third lot over, Ms. Bartoka, approached them several months ago
requesting that her property be included in the acquisition. Mr. Tise stated they did a site plan and
determined with the addition of that third lot, they would be able to expand Vinings Forest by 48 homes
and in the original document package to the homeowners Vinings Forest's maximum expansion was 156
homes. Mr. Tise stated based on the site plan and the basic reason for the tabling request is based on the
declaration change request, they needed two-thirds of the homeowners at Vinings Forest homeowners to
approve that. He stated the reason for the declaration change is not the number of homes but for the
November 3, 1997, meeting - continued
addition or change in the legal description of the expansion property. Mr. Tise further stated they have
received two-thirds of the homeowner's signatures to approve that and now they have to go back to the
individual lenders of those homeowners and have the lenders approve the change in the document package.
He stated that they are working with Ms. Helen McGee, who is adjacent to the property, and come up with
a certain number of agreements as far as a fence, landscaping and other stipulations that she would like for
them to do. He stated there are two variances requested and explained Item 3-C is due to a jut in the right
of way directly in front of Vinings Forest and the buildings in the last phase will be no closer to Atlanta
Road that what the buildings are now. He further stated they were requesting the variance to accommodate
that jut in the right of way and he stated that is an abandoned roadway. Mr. Tise explained the other
variance - Item 3-B, is being requested due to the fact that the other 108 homes in Vinings Forest have
only a lO-foot buffer on the side and that is another reason they were interested in acquiring the third lot.
He stated that acquisition would allow them to do a full 75-foot buffer to the north side to protect Vinings
Forest from any development that might occur on the north side. He further stated in that 75-foot buffer,
there is one particular section the roadway will encroach into that buffer and they have offered to double
plant that buffer.
....
Councilman Lnenicka stated the original request identified as Item 3-A is the rezoning which would change
the adjacent property on the north side from single family residential to RM-12, Condominiums, which is
the same as the zoning for Phases 1, 2 and 3. Mr. Lnenicka stated the first two lots are owned by Frank
Uzzel and is a pie shaped lot that is difficult to work with and the next lot belongs to Ms. Bartoka with the
next lot on the north side belonging to Ms. Helen McGee. Mr. Lnenicka stated Ms. McGee wants to
remain on the property therefore the second variance request (side yard setback) is to protect both property
owners. Mr. Lnenicka stated the third request (front yard setback) for a variance is due to the fact that the
right of way moves but the road curb does not and none of the buildings will be any closer to Atlanta Road
than they are now and in order to maintain the same distance from the curb, the front yard variance is
required. Mr. Lnenicka stated also included as Item 3-B if the rezoning was approved an amendment
would be necessary.
Councilman Lnenicka asked Mr. Tise to discuss the streets and the paving of the streets in the
development. Mr. Tise responded they have not applied the topcoats to Vinings Forest and usually it is
their policy to turn the property over to the homeowners without patching on the roadways. He stated the
third phase of Vinings Forest is under construction now and it was delayed three or four months after Phase
2 and they still have to go back and put the topcoat on Phase 1 and 2. He stated they know the
infrastructure is secure and that most of the moving trucks have come in and out and the only thing left to
handle with heavy trucks are the sheet rock deliveries in Phase 3. He stated after that is done, they will
apply the final coat to Vinings Forest.
..."
Councilman Wood asked about the price range of the town homes that have been built so far. Mr. Tise
responded the range began in the upper eighties and low nineties and now those are the least expensive
units. He stated those are now selling in the high nineties. Mr. Tise stated the range when they first began
was from $89,900 to $129,900 and now they are in the upper end of the $140,000's. He stated there are
six different unit types. Mr. Wood asked about the garbage disposal facility near where Phase 3 is being
developed. Mr. Wood stated it is open-ended and wondered if Mr. Tise planned to do something about
that as well as the landscaping around it. Mr. Tise stated in the last several weeks they have been
constructing a trellis over that garbage compactor and once that is done a gate will be installed.
Councilman Lnenicka asked Mr. Tise if he would repair the roads in the back portion of Phase 3, which
have potholes. Mr. Tise responded they would fix the potholes tomorrow morning and take care of that.
Mr. Lnenicka asked Mr. Tise if he is still considering brick pavers at the entrance and Mr. Tise stated that
is part of the repaving.
Councilwoman Capilouto asked Mr. Tise about the number of rental units that might be in the complex and
if there is anything in their covenants addressing that issue. Mr. Tise responded there is nothing in the
covenants addressing that issue but there are no rental units in the development as all of them are owner-
occupied. ...
Councilman Lnenicka asked if the plans for the additional 4 acres on the frontage would be to contain the
same kind of brick and wrought iron fence along that frontage. Mr. Tise responded that was correct and
they will carry that fence all the way to the end and encircle the entire property with the vinyl-coated chain
link with the barbed wire. He stated they have 67 homes closed at Vinings Forest and about 70% of those
are female owned and security is very important to them. Mr. Lnenicka then asked if the front would
continue to look like the existing frontage with the landscaping, fencing, etc. Mr. Tise responded that was
correct. Mr. Lnenicka asked if there would be any additional entrance into the development. Mr. Tise
responded there would only be one entrance and most of the persons residing there feel that is very
November 3, 1997, meeting - continued
important and they feel two entrances might breach that security. Councilman Lnenicka asked Mr. Tise
if he purchases the adjoining property, would they be able to move the existing houses through the existing
entrance and not have to have a construction entrance off Atlanta Road. Mr. Tise responded stated he was
not sure but there would not be a construction over Ms. McGee's property. He stated the concern
expressed by some of the Vinings Forest residents is they would like the construction moved over a little
bit and may have the construction come in through the Uzzel property entrance while they are doing the
last phase.
..
Councilman Wood stated he was confused by the marketing material, which advertises the homes from the
$90,000's, and yet on the latest rezoning he has mentioned the homes will average into the $130,OOO's.
Mr. Tise stated their prices are from the $90,000's but the two largest floorplans are in the $120,000 -
$130,000 price range currently. He stated the range is in the mid to high $90,OOO's all the way up to the
mid $130,000's. Mr. Wood stated he is concerned about the conception that the homes could be purchased
for somewhere in the upper $90,000 price range. Mr. Tise responded they are not now marketing the
fourth phase of the development now, they do still have two homes available in the second phase and one
is a model without a garage and is priced in the $90,000's but as far as Phase 3 there are about $3,000
more and the new phase will be even more expensive.
Councilman Newcomb asked if there was any reason why some of the items could not be voted on this
evening instead of tabling all of them. Councilman Lnenicka stated there is a time frame involved when
any of these items are approved and because the developer would have to go back to the lending institution
when some of these are approved, it is best to table them all and vote on them at the same time. Mr.
Lnenicka stated he appreciates the extra time that will allow him to work out some stipulations with Ms.
McGee and her family that will protect her property (side yard setback issue). Mr. Newcomb stated he
has some concerns about the density of this project. Mr. Newcomb stated he is also concerned about the
square footage of these units.
Councilman Lnenicka made a motion that the rezoning request for Atlanta Road - 4.04 acres adjoining
northern side of Vinings Forest Condominiums) from R-I5, Single Family Residential to RM-I2,
Condominiums be tabled to the December 1, 1997, council meeting. Councilman Hawkins seconded the
motion. Motion was approved 6-0 (Mr. Cramer was absent).
....
(B)
Land Use Change (4.04 Acres adjoining Northern Side of Vinings Forest Condominiums) From
Low Density Residential to High Density Residential
See narrative above. Councilman Lnenicka made a motion the Land Use Change request be tabled until
the December I, 1997, council meeting. Councilman Hawkins seconded the motion. Motion was
approved 6-0 (Mr. Cramer was absent).
(C) Variance Request - Atlanta Road (North ofVinings Forest Condominiums) - Reduce Front Yard
Setback from 81 feet to 40 Feet
See narrative under Item (A). Councilman Lnenicka made a motion the variance request on Atlanta Road
to reduce the front yard setback from 81 feet to 40 feet be tabled until the December I, 1997, meeting.
Councilman Hawkins seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent).
(D) Variance Request - South Atlanta Road (North of Vinings Forest Condominiums) - Reduce Side
Yard Buffer from 75 Feet to 40 Feet
See narrative under Item (A). Councilman Lnenicka made a motion the variance request on South Atlanta
Road to reduce the side yard buffer from 75 feet to 40 feet be tabled until the December 1, 1997, council
meeting. Councilman Hawkins seconded motion. Motion was approved 6-0 (Mr. Cramer was absent).
(E) Variance Request - 3505 Cedar Valley Drive - Reduce Side Yard Setback from 10 Feet to 2 Feet
...
Mr. Smith stated the applicant, Mr. Paul Lau, is requesting the variance to build an extra garage on his
lot. Mr. Smith further stated Mr. Lau wants to build the garage for security and has provided a letter
stating he has notified the contiguous property owners of his intentions. Mayor Bacon stated this is a public
hearing and asked if anyone was present in opposition to the granting of this variance request. There was
none.
Councilman Lnenicka asked Mr. Lau to briefly describe what he plans to do and why he is requesting this
variance. Mr. Lau stated he has resided in Smyrna for twenty-two years and now that his children are
driving he feels this addition will improve security for his family. Councilman Lnenicka asked Mr. Lau
November 3, 1997, meeting - continued
if the garage will have the same appearance as his home and Mr. Lau responded it will blend with his
home's appearance. Mr. Lnenicka noted for the record that the adjoining neighbors have signed that they
have no objection to the building of this garage.
Councilman Lnenicka made a motion that the variance request at 3505 Cedar Valley Drive to reduce the
side yard setback from 10 feet to 2 feet be approved. Councilman Hawkins seconded the motion. Motion
was approved 6-0 (Mr. Cramer was absent).
(F) Variance Request - 3220 Concord Circle - Reduce Side Yard Setback on Corner Lot from 26 Feet
to 20 Feet
......
Mr. Smith stated the applicants, Don and Althea Williams, are requesting the variance to permit them to
build a carport over an existing drive. Mr. Smith noted for the record that they have provided notification
to contiguous property owners of their variance. Mayor Bacon stated this is a public hearing and asked
if anyone was present in opposition to the granting of this variance request. There was none.
Councilman Hawkins asked Danny Gordon, representing the Williams, to briefly explain why the carport
is needed. Mr. Gordon stated the carport is actually for Althea Williams as Mr. Williams passed away
recently. Mr. Gordon stated Ms. Williams is elderly and the carport will provide shelter for her when she
arrives home after work. He further stated there is a drive-through driveway on the property and they are
planning to build this carport over that existing driveway. Mr. Hawkins stated for the record that this house
ison a corner lot and there is a letter from Georgia Power, the property owner at the rear of the property,
and Mr. Lynch who lives on the other side of Ridgecrest Road and Mr. Smallwood who lives on the other
side, stating they have no objections to this variance request.
Councilman Hawkins made a motion that the variance request to reduce the side yard setback at 3220
Concord Circle from 26 feet to 20 feet be approved. Councilman Scoggins seconded the motion. Motion
was approved 6-0 (Mr. Cramer was absent).
(G) Ordinance Amendment - Remove Section 712.34
Mr. Smith stated the Community Development Committee recommends a special land use section to
address television, land mobile, communication, microwave and radio transmission antennae towers and
because of this, they are recommending that this section be removed from the General Commercial
category which provides for their being permitted in a general commercial area. He stated a new set of
standards will follow this removal. He further stated this is the second reading of the proposed ordinance
amendment. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to
address this issue. There was none.
.....
Councilman Scoggins made a motion that Section 712.34 be removed from the Code of Ordinances.
Councilman Wood seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent).
(H) Ordinance Amendment - Addition of Section 501.16 - Special Land Use Standards for Television,
Land Mobile, Communication, Microwave and Radio Transmission Antennae and Towers
Mr. Smith stated that after removing Section 712.34 and in reviewing this through the Community
Development Committee and because of the growing demand for towers throughout the city as a means
of communication and an enterprise, the Community Development Committee has proposed and reviewed
with the legal department, a new special section in the Code - Section 501.16. Mr. Smith stated this is a
very detailed ordinance and will be on file in the office of the City Clerk. Mr. Smith stated this is the
second reading of the proposed ordinance amendment. Mayor Bacon stated this is a public hearing and
asked if anyone was present who wished to address this issue. There was none.
Councilman Scoggins made a motion that Section 501.16 be added to the City of Smyrna Code of
Ordinances. Councilman Wood seconded the motion. Mayor Bacon recognized John Moore who stepped --
to the podium. Mr. Moore asked the Mayor and Council if they would consider changing the verbiage in
Section 3(j) to reflect that no residentially used properties are permitted for tower locations. He indicated
this would be in conformance with the wording in the Cobb County Ordinance. He also stated churches
make an excellent site for tower locations even though they are in a residentially zoned category.
Councilman Scoggins made a motion to amend his original motion. Councilman Lnenicka seconded the
motion to amend the original motion. Motion was approved 6-0 (Mr. Cramer was absent). Councilman
Scoggins made a motion to approve Section 501.16 with the paragraph 3(j) being changed to read "no
residentially used properties are permitted for tower locations." Councilman Lnenicka seconded the
motion. Motion was approved 5-1 (Mr. Newcomb opposed; Mr. Cramer was absent).
-
...
November 3, 1997, meeting - continued
(I) Request for Special Land Use Permit - 6600 Highlands Parkway - To Erect A Telecommunications
Tower
Mr. Smith stated Communications Towers, Inc., has requested permission to erect a monopole tower at
6600 Highlands Parkway. Mr. Smith stated Mr. John Moore is present to represent Communications
Towers, Inc., this evening. Mayor Bacon stated this is a public hearing and asked if anyone was present
in opposition to the granting of this special land use permit. There was none.
Councilman Wood asked Mr. Moore to explain why this special land use permit is being requested. Mr.
Moore stated he represents Gearon Communications who is seeking to erect this tower in the Highlands
Park area. Mr. Moore presented the Mayor and Council an aerial photograph indicating the location of
the site. Mr. Moore stated they are proposing to erect a 195-foot monopole telecommunications tower.
He further stated there is no residential property close to this site and they have negotiated with the
Highlands Parks Owner's Association for the location of this tower. He indicated they have received
unanimous support from those owners for the location of the tower. Mr. Moore stated IBM is a Nextel
user and Nextel is the pushing force to have this tower erected. Mr. Moore stated they currently have
three co-locators to go on this pole with Nextel - Sprint, Powertel and AT&T. He stated these three
companies have agreed to co-locate on this one tower if the special land use permit is approved. Mr.
Moore introduced Ms. Tracy Harris, Gearon Communications, who was present to address any questions
the Mayor and Council may have. Councilman Lnenicka asked Mr. Moore if the city requested to place
their emergency warning sirens on this tower, would he agree to that being a stipulation for this land use
permit. Mr. Moore and Ms. Harris responded they would consider that. Ms. Harris stated they had
actually stipulated with the Highlands Park Association that one of the conditions placed on Gearon was
to not only work with the City of Smyrna on any EMS antennae but also any other emergency equipment
and spacing would need to be considered at that time. Ms. Harris further stated the city's equipment is
typically far less intensive than these carriers and has not been an issue yet. She also stated that is a
commitment they have made.
Councilwoman Capilouto asked Ms. Harris about the location for the construction drive. Ms. Harris
responded they will use the drive near 6400 Highlands Park. Ms. Capilouto asked that the area be clearly
indicated by signage identifying the area as a construction drive. Ms. Harris stated they will place more
than adequate signage notifying the public of the construction area. Ms. Harris stated they hope to have
the tower in place within three weeks - weather permitting.
Councilman Wood asked about the relationship between Communication Towers, Inc., and Gearon
Communications. Ms. Harris responded Communication Towers, Inc., is a wholly owned subsidiary of
Gearon Towers.
Councilman Wood noted for the record that in the package of information concerning this request is a letter
dated September 22, 1997, from Highlands Park Owners Association stating this request had been
approved by the owners association, the architectural review committee to place the mono-pole on the land
behind the 6600 Highlands Park building with the following stipulations:
1. Gearon Communications will construct the monopole so as to support three (3) wireless
communication carriers, who are licensed to provide service in the Atlanta Metropolitan area.
2. Gearon Communications will pro-actively pursue the interest of said carriers in co-locating on the
proposed monopole.
3. Gearon Communications will endeavor to satisfy the future needs of the City of Smyrna's
Emergency system in the event enhancement is necessary.
Mr. Wood stated the letter is signed by Edward B. Salem, Managing Director of the Highlands Park
Owners Association.
... Councilman Newcomb asked who owns the property where the tower is to be located. Ms. Harris
responded Northwest Partners Limited, a group of Grubb and Ellis. Ms. Harris further stated Airborne
Express has contacted Gearon Communications about locating their relay equipment on this proposed
structure. Mr. Newcomb expressed his concern about what property might be affected if the tower should
fall. Ms. Harris responded there is no structure near the proposed site that the tower would fall on due to
the topography of the area. She further stated the adjacent property is a vacant lot and there are no plans
to build on that site at this time.
Councilman Wood made a motion that the request for a special land use permit at 6600 Highlands Parkway
November 3, 1997, meeting - continued
to erect a telecommunications tower upon application of Communications Towers, Inc., be approved.
Councilman Hawkins seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent).
Ms. Harris stated she has worked with Mr. Camp, Mr. Wood and city staff and she truly appreciates the
cooperation she has received from the City of Smyrna during this process.
(J) Alcoholic Beverage License Request - Agent Change at Wallace Shell #736 - 2370 Spring Road
- Retail Package Beer and Wine
Mr. Smith stated this application is for an agent change only and Ralph L. Mesa, Sr., has applied to be the
agent for the Wallace Shell #736 at 2370 Spring Road for the sale of retail package beer and wine. Mr.
Smith further stated Mr. Mesa has been given a copy of the Alcoholic Beverage License Ordinance and
has reviewed the ordinance with the Business License Officer. Mayor Bacon stated this is a public hearing
and asked if anyone was present in opposition to the granting of the alcoholic beverage license request.
There was none. Mayor Bacon recognized Mr. Mesa and stated that he is also on the agenda to be the
agent for the Wallace Shell #716 located at 677 Concord Road (next item on the agenda). Mayor Bacon
stated the requests for the two locations will be handled separately.
--
Councilwoman Capilouto asked Mr. Mesa if he has held an alcoholic beverage license previously and Mr.
Mesa responded he held one in Douglas County. Ms. Capilouto noted this particular location was cited
for selling alcohol to minors. Ms. Capilouto stated she understood the employee responsible for selling
to minors is still employed by that location. Mr. Mesa responded that employee was terminated for
approximately six months and was re-hired by the previous license holder, Mr. Hubert Brooks. Mr. Mesa
stated Mr. Brooks has since retired and he will be the new agent. Ms. Capilouto urged Mr. Mesa to fully
train and instruct his employees about the requirements of selling alcohol to patrons. Mr. Mesa stated they
have implemented a policy since the problem at this location asking the employees to sign a contract stating
they will support those employees 100% in any customer complaints regarding the requirement by Wallace
Shell that everyone will be asked to provide identification prior to an alcoholic beverage sale. Mr. Mesa
stated he is in that location a minimum of two or three hours every day, in both locations. He further
stated he is the District Manager and has been employed with the company for eighteen years.
Mayor Bacon stated that until the city changes its ordinances to put more of the burden on the person that
actually sells the alcohol themselves, you can not expect a business owner or manager to be there every
single day, every single second identifying everyone. Mayor Bacon further stated that the only way to get
their attention is to penalize the person responsible for making the sale in violation of the ordinance.
Mayor Bacon urged Councilman Scoggins to review the ordinance and make recommended changes to the
ordinance.
.....
Councilwoman Capilouto asked Mr. Mesa if all his employees have current permits to sell alcohol and he
responded they do. Councilwoman Capilouto made a motion that the privilege license for retail sales of
beer and wine for Wallace Shell #736 at 2370 Spring Road with Mr. Ralph L. Mesa, Sr., as the agent be
approved. Councilman Scoggins seconded the motion. Motion was approved 6-0 (Mr. Cramer was
absent).
(K) Alcoholic Beverage License Request - Agent Change at Wallace Shell #716 - 677 Concord Road
- Retail Package Beer and Wine
Mayor Bacon stated this request is basically the same as the preceding request and is in Ward 4. Mayor
Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of the
agent change request. There was none.
Councilman Hawkins asked Mr. Mesa if he currently resides in Cobb County which is a requirement of
the Ordinance and Mr. Mesa responded yes. Mr. Hawkins asked Mr. Mesa how often he will be visiting
this location. Mr. Mesa responded he visits the locations daily - six days a week for two to three hours
at a time. Councilman Hawkins made a motion that the alcoholic beverage license request for Wallace -
Shell #716 located at 677 Concord Road with Mr. Ralph L. Mesa, Sr., as the agent be approved for the
retail sales of package beer and wine. Councilman Lnenicka seconded the motion. Motion was approved
6-0 (Mr. Cramer was absent).
(L) Approval of Replacement of Chapter 50 - Fire Prevention and Protection - First Reading
Mr. Smith stated this proposed ordinance revision is recommended by the Fire Committee. Mr. Smith
stated the Fire Committee has determined that Chapter 50 - Fire Prevention and Protection - has been
determined to be obsolete in many sections as the State law has changed affecting the city's standards. He
November 3, 1997, meeting - continued
further stated this is a replacement Chapter and this will be the first reading of the proposed new chapter.
Mayor Bacon stated this is a public hearing and asked if anyone was present to address this issue. There
was none.
Councilwoman Capilouto stated this is the first reading of the replacement Chapter 50 in the Fire Protection
Ordinance. Ms. Capilouto stated the proposed new chapter is on file in the office of the City Clerk if
anyone would like to read it. Mayor Bacon stated the second reading and adoption of this proposed
ordinance change will be held at the November 17, 1997, meeting.
-
(M)
Closing and Abandonment of Unimproved Right of Way -Atlanta Road and Concord Road
Mr. Smith stated this is an unimproved right of way running parallel to Atlanta Road beginning at a point
118.87 feet west of the northwest corner of Atlanta Road and Concord Road and running 163.27 feet in
a northwesterly direction. Mr. Smith stated the property is to be abandoned to the owners and the legal
advertisements were published October 23 and 30, 1997. Mayor Bacon stated this is a public hearing and
asked if anyone was present in opposition to the closing and abandonment of this unimproved right of way.
There was none.
Councilman Hawkins made a motion that the above described unimproved right of way be abandoned and
closed. Councilman Newcomb seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent).
(N) Alcoholic Beverage License Request - Agent Change at Carrabba's Italian Grill - 2999
Cumberland Circle - Retail Pouring of Beer, Wine and Liquor
Mayor Bacon stated everyone has received a copy of a letter from Mr. David Janowitz, Carrabba's Italian
Grill, requesting this item be tabled.
-
Councilwoman Capilouto stated the applicant had to go out of town due to a medical emergency and
therefore was unable to be present tonight. Councilwoman Capilouto made a motion the alcoholic
beverage license request for retail pouring of beer, wine and liquor be tabled to the November 17, 1997,
council meeting. Councilman Newcomb seconded the motion. Motion was approved 6-0 (Mr. Cramer was
absent).
FORMAL BUSINESS:
(A) Approval of Internet and Electronic Mail Acceptable Use Policy
Mr. Smith stated it has become the policy among businesses and municipal governments to adopt a policy
to govern the use of the sophisticated use of electronic communication network. Mr. Smith stated this
policy will address the acceptable use of the Internet and Electronic Mail system.
Councilman Lnenicka stated the Finance and Administration Committee has reviewed and recommends the
adoption ofthis policy. Mr. Lnenicka made a motion the Internet and Electronic Mail Acceptable Use
Policy be approved and adopted. Councilman Wood seconded the motion. Motion was approved 6-0 (Mr.
Cramer was absent).
(B) Approval of Purchasing Policy
Mr. Smith stated this policy will replace the outdated purchasing policy currently in place for the City of
Smyrna. Mr. Smith stated this is a revision of the purchasing policy and will govern all city purchases. Mr.
Smith stated in the future all bid openings will be handled through the Purchasing Agent's office and will
no longer be opened at the Council meetings.
- Councilman Lnenicka stated the Purchasing Policy will be available in the office of the City Clerk for
anyone to review. Councilman Lnenicka made a motion the Purchasing Policy be approved and adopted.
Councilman Newcomb seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent).
(C) Validate Petition to Annex Property - Cooper Lake Drive
Councilman Lneriicka stated Jason A. Lewis has requested annexation of an additional 4.0 acres on Cooper
Lake Drive, which is immediately adjacent to The Gates at Vinings subdivision, which is currently under
development at this time. He further stated this will facilitate development of Phase II of The Gates at
Vinings and Mr. Lewis is also applying for rezoning of this site and if approved will contain a total of
November 3, 1997, meeting - continued
14.51 acres with twenty-six homes and a botanical park area containing 1.65 acres. The legal description
as follows:
All that tract or parcel of land lying and being in Land Lot 622 of the 17th District and 2nd Section of Cobb
County, Georgia, and being shown as Parcel No.1 on the plat of survey recorded in Plat Book 5, Page
145, Cobb County, Georgia Records, and being more particularly described as follows:
BEGINNING at the intersection of the North line of said Land Lot and the Northwesterly right-of-way of
Cooper Lake Road; thence Westerly along the North Land Lot line for a distance of 806 feet to a point and
comer; thence Southeasterly a distance of 540 feet to the Northwesterly right-of-way of Cooper Lake Road;
thence Northeasterly along the Northwesterly right-of-way of Cooper Lake Road and following the
curvature thereof for a distance of 635 feet to the point of BEGINNING.
--
Councilman Lnenicka made a motion that the petition to annex the property described above be validated
with a public hearing scheduled at a Special Called Meeting on November 24, 1997, at 7:00 p.m.
Councilman Wood seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent).
(D) Bid Opening (Bid 97047) - Refinishing Work on Fiberglass Reinforced Columns at Community
Center
Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and
read as follows:
Interior Systems
$20,350
Councilman Scoggins made a motion the bid be turned over to the Parks and Recreation Committee for
their review and recommendation brought back before council at the next meeting. Councilman Hawkins
seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent).
(E) Approval of Pay Plan Policy
Councilman Wood stated this is the proposed policy which will establish a formal, written pay program
which will allow the city to better compete externally for qualified personnel as well as to ensure that rates
of pay are internally equitable and commensurate with the duties performed in each job classification.
Councilman Wood stated the Pay Plan Policy will be on file at City Hall.
--
Councilman Wood made a motion that the City of Smyrna Personnel Policies and Procedures manual be
amended effective November 3, 1997, to include the proposed Pay Plan Policy presented tonight.
Councilman Newcomb seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent).
COMMERCIAL BUILDING PERMITS:
(A) Weeks Corporation - Koch, Ltd. Machinery and Systems (28,875 Square Feet) - 300 Lake Ridge
Drive - Highlands Park
Councilman Wood stated this is for another building being built in the Highlands Park area and the
estimated construction cost is $1,650,000. He stated this will be office/warehouse space with almost
29,000 square feet. He further stated this is for Koch, Ltd., Machinery Systems to be located at 300 Lake
Ridge Drive. Councilman Wood made a motion the commercial building permit for Koch, Ltd., Machinery
and Systems be approved. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Mr.
Cramer was absent).
BID AWARDS:
(A)
Bid Award (Bid 97045) - Concrete Work at Church Street Center
-
Councilman Scoggins stated this is the site work for the Senior pavilion at Church Street. Mr. Scoggins
made a motion the bid be awarded to Newnan/ Atlanta, the low bidder meeting specifications, for a total
cost of $28,900. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Mr. Cramer was
absent).
(B) Bid A ward (Bid 97030) - Pavilion for Church Street Center
November 3, 1997, meeting - continued
Councilman Scoggins made a motion the bid for the pavilion (pre-manufactured shelter) be awarded to the
low bidder meeting specifications, Contract Connection for a total price of $22,290. Councilman Wood
seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent).
CONSENT AGENDA:
(A) Approval of October 20, 1997, Minutes
(B) Approval to Install a Three-Way Stop Sign at Green Forest Parkway and Highview Drive
-
Councilman Lnenicka made a motion the consent agenda be approved. Councilman Scoggins seconded
the motion. Motion was approved 6-0 (Mr. Cramer was absent).
COMMITTEE REPORTS:
Mayor Bacon stated the Halloween Carnival was a tremendous success and commended the staff of the
Parks and Recreation Department for their efforts in preparing the carnival.
Mayor Bacon stated the weather for the Kids Day celebration at Cobb Park was uncooperative this past
weekend. Mayor Bacon stated the playground equipment is in place and open for kids' use.
Mayor Bacon wished a speedy recovery to Michael Smith, who was injured in Physical Education class
at Griffin Middle School today.
Councilwoman Capilouto stated she had nothing to report this evening.
-
Councilman Newcomb stated the construction of Spring Road at the Glenroy Drive area is a very difficult
intersection with the V-turn traffic that is westbound trying to go east. He stated the City Engineer and
the County engineers will be on site tomorrow looking at the area to see if something can be done to
improve conditions at that location. Mr. Newcomb reminded everyone this is a temporary situation for
the next three months. Mr. Newcomb addressed the issue of the closure of Highland Drive at Spring Road
and also the right-in/right-out on Strathmoor Road. Councilman Newcomb asked everyone to be patient
for the next three to six months.
Councilman Scoggins commended the Parks and Recreation Department for the successful Halloween
Carnival. Councilman Scoggins stated there was a crowd of people at Cobb Park for the Kids Day
Celebration even though the weather was not pleasant.
Councilman Hawkins reported on the status of the Concord Road widening project. Mr. Hawkins stated
that at this time there is no engineering study for this project and the County has not done any engineering
on the widening on the portion of Concord Road (between Atlanta Road and South Cobb Drive).
Councilman Lnenicka thanked Finance Director Claudia Edgar for her role in the formulation and adoption
of the Purchasing Policy.
Councilman Wood stated Emory Adventist Hospital at Smyrna will be conducting a City of Smyrna
employee Health Fair on Thursday, November 6, from 11:00 a.m. to 3:00 p.m. at the Community Center.
Mr. Wood stated there are some job openings at the city - Part-time reference librarian and Laborer II.
With no further business, the meeting adjourned at 10:03 p.m.
-
November 3, 1997, meeting - continued
f
A.MAXBACON,MAYOR
i/~j~/ vDlf}\~
MELIN A DAMERON, CITY CLERK
f
~.J J~
CHARLENE CAPILOUTO, WARD 1 RON NEWCOMB, WARD 2
tf~~l3zt ~/
CHARLES PETE WOOD, WARD 7
--
JAMES M. HAWKINS, WARD 4
~~~
WADE S. LNENICKA, WARD 6
--
-