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August 4, 1997 Council Meeting AlIenst 4, 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. 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 Councilman Wood followed by the pledge to the flag. .... Howard Smith stated according to the city's records on August 4, 1977, Jim Hawkins was appointed to fill the council seat vacated by Homer Kuhl. Mr. Hawkins was presented with a plaque for his twenty years of service to the City of Smyrna. Mr. Hawkins thanked the Mayor and Council and stated the past twenty years have been very rewarding for him. He expressed his appreciation for the recognition. Mayor Bacon recognized two outstanding youth groups who recently won the State titles in softball and baseball. Chuck Brannon introduced the age 14 and under girls's softball team from Rhyne Park. Mayor Bacon introduced Howard (Red) Martin and David Herring. Mr. Martin introduced the members of the Smyrna Little League Baseball team from Brinkley Park. Trophies were presented to the city for display. Mayor Bacon stated last week was memorable for the city as the 125th birthday celebration and the dedication of the Public Safety facility were held last Friday and Saturday. Mayor Bacon stated both events were very well attended with as many as 12,000 in attendance at the Friday night birthday celebration. Mayor Bacon expressed his appreciation to all the city staff who worked so hard to make both events successful. CITIZENSJNEllT: There was none. WRTJC HEARINGS. (A) Rezoning and Land Use Change Request - 1647 Gaylor Street (0.448 Acres) Rezone from R-15 - Residential to General Commercial and Change Land Use from Redevelopment to Community Activity Center ... Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the rezoning and land use change requests. There was none. Mayor Bacon asked the applicant to step forward. ... Councilman Lnenicka asked the applicant to identify himself. Mr. Chris May, representing The Sofran Group, Peachtree-Dunwoody Road, Atlanta, explained their request is to rezone two pieces of land that are adjacent to a parcel they already have that is zoned. Mr. May further stated it is their intention to combine both those parcels on the west side on Gaylor Street and the east side on South Cobb Drive with the property located in the middle. Mr. May stated the preliminary plans are based on which tenant they can obtain a lease from once the zoning is complete. Mr. Lnenicka stated with the residential area to the north of this property there are buffer requirements in the code section for areas between commercial and residential properties. Mr. May stated he was aware of those requirements and had no problem meeting those. Mr. May stated they have already shown the fifty foot buffer anywhere the property adjoins residential property. Councilman Lnenicka asked Mr. May to explain what plans they have for water retention/detention and control of drainage from that property. Mr. May responded they have not done their final engineering yet but have provided ample space on either end of the property. He further stated with the topography of the property there is a draw that comes into an area he indicated on the plan and the water naturally flows that way and on the other end of the property as well. He stated they have provided detention in both those areas and the size would be engineered for the final design of the site. Mr. Lnenicka asked if there was any intention of developing the two separate parcels and then the other parcel on South Cobb Drive as separate stand-alone businesses and operations from the main body of the land. Mr. May responded there was not. Mr. May stated it is intended to become all one development. Mr. Lnenicka asked Mr. May if he had any objection to the stipulation that the rezoning would be approved subject to the property being combined with the larger piece adjacent to it. Mr. May responded he would have no problem with that stipulation. Councilman Lnenicka made a motion that the property, the two parcels, at 1647 Gaylor Street (.448 acres) be rezoned from R-15 Residential to G.C. (General Commercial) with the stipulation that the property be combined with the larger parcel adjacent to it to be all one parcel. Councilman Wood seconded the motion. Motion was approved 7-0. Councilman Lnenicka stated he has a second motion related to this property that the land use map be changed to reflect the new use on the property. Mr. Lnenicka made a motion that the land use at 1647 Gaylor Street, the same two parcels as discussed above (.448 acres) be changed from Redevelopment to Community Activity AU[',llst 4, 1297) meetine - continued Center. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Rezoning and Land Use Change Request - 4474 South Cobb Drive (2.54 Acres) Rezone from Residential to General Commercial and Change Land Use from Redevelopment to Community Activity Center Mayor Bacon asked if there was anyone present in opposition to the granting of the rezoning or land use change request. There was none. Councilman Lnenicka stated this is the same situation as discussed in Item 3-A above. Mr. Lnenicka stated Mr. May is representing The Sofran Group again. Councilman Lnenicka made a motion that the rezoning request at 4474 South Cobb Drive be approved to rezone 2.54 acres from R-15 Residential to G.C. (General Commercial) subject to the stipulation that this ...., parcel be combined with the larger parcel adjacent to it to form one common parcel. Councilman Wood seconded the motion. Motion was approved 7-0. Councilman Lnenicka made a motion that the land use map be changed for the property at 4474 South Cobb Drive from Redevelopment to Community Activity Center. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Rezoning and Land Use Change Request - 1637 Gaylor Street (0.595 Acres) Rezone from Residential to General Commercial and Change Land Use from Redevelopment to Community Activity Center Councilman Lnenicka stated this item also refers to Gaylor Street (as discussed in Item (A) above) and is one of the other additional parcels -- .595 acres. He further stated this is the same situation on the west side of the property. Councilman Lnenicka made a motion the rezoning request at 1637 Gaylor Street to rezone from R-15 Residential to G.C. (General Commercial) with the stipulation that the parcel be combined with the adjacent larger parcel to become one common piece be approved. Councilman Wood seconded the motion. Motion was approved 7-0. Councilman Lnenicka made a motion the land use map be changed for the property at 1637 Gaylor Street from Redevelopment to Community Activity Center. Councilman Wood seconded the motion. Motion was __ approved 7-0. (D) Adoption of FY 98 Ad Valorem Tax Millage Rate Councilman Lnenicka stated this item has been advertised in the Marietta Daily Journal as a public notice is required by law of the city's intent to set the official millage rate. He further stated when the budget was adopted in June, the city proposed a tentative millage rate and were required to wait for the official County tax digest to be delivered to the city upon which to base an official millage rate assessment. He stated the city now has that information. Mr. Lnenicka stated he is pleased to report that the city will move tonight to once again reduce the millage rate. Mayor Bacon asked if there was anyone present who wanted to make any comments about the proposed millage rate. There was none. Mr. Lnenicka made a motion that the official millage rate for FY98 for the City of Smyrna be set at 11.30 mills. Councilman Cramer seconded the motion. Motion was approved 7-0. FflRMAI. ROSINESS' (A) Bid Opening (Bid #97025) - Playground Equipment at Cobb Park Mayor Bacon asked if there were any bids in the audience. There were none. Mr. Smith stated this bid is CDBG funds that the city has applied for and been accepted for playground equipment for Cobb Park and is for young children. He further stated it will be the largest play scape of its size in the metro area. The bids were opened and read as follows: ..... Kompan Creations, Inc. (Home office in Tulsa, OK) (Located in Geneva, FL) No Bid Piazzo, Incorporated No Bid Aueust 4,1997, rneetine - continued (Located in Geneva, FL) Kompan, NE (Marathon, NY) $113,943.00 Kompan, SE (New York) $108,351.00 John Curtiss Design $113,683.00 Councilman Scoggins made a motion the bids be turned over to the Parks and Recreation Committee for their review with a recommendation brought back before council at the August 18, 1997, meeting. Councilman .. Cramer seconded the motion. Motion was approved 7-0. (B) Bid Opening (Bid #97027) - 1997 F150 R/C Truck - Community Development Department Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Beaudry Ford Chuck Clancy Ford Southlake Ford $14,756.60 No Bid $15,900.00 Councilman Scoggins made a motion the bids be turned over to the Community Development Committee for their review with a recommendation brought back before council at the August 18, 1997, meeting. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Bid Opening (Bid #97026) - 1997 Ford E350 Club Wagon (parks and Recreation Department) Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: - Southlake Ford Clancy Ford Tidwell Ford Cherokee Ford No Bid No Bid $22,970.80 No Bid Councilman Cramer made a motion the bids be turned over to the Parks and Recreation Department for their review with a recommendation brought back before council at the next meeting. Motion was seconded by Councilman Newcomb. Motion was approved 7-0. (D) Approval of Landscaping Maintenance Contract for Public Safety Facility Councilman Newcomb stated with the completion of the public safety building, a landscape maintenance program is needed. He stated two bids were received for this program. He further stated it is the recommendation of the Police Committee to award the bid to Williamson Landscaping, Inc. Councilman Newcomb made a motion the bid be awarded to Williamson Landscaping, Inc., the low bidder, for a total cost of $17,900.00. Councilman Hawkins seconded the motion. Motion was approved 7-0. (E) Approval to Recommend DDA Refund 1994 DDA Bonds Mr. Smith stated these bonds are issued by the DDA and because of interest rates being favorable at the moment, the investment bankers for the City of Smyrna have determined the city has an opportunity to realize a savings in the refinancing of these bonds and it is being proposed that council request this of the Smyrna Downtown Development Authority. Councilman Lnenicka estimated the city could save approximately $350,000 by refinancing these bonds. ... Councilman Lnenicka made a motion that the city request the Smyrna Downtown Development Authority to refinance the 1994 Bond Series to take advantage of lower bond interest rates at this time. Councilman Wood seconded the motion. Motion was approved 7-0. (F) Authorize Mayor to Sign and Execute Concurrent Use Agreement with Cobb County Board of Education for Ward Park Mayor Bacon recognized Curt Johnston, Cobb County School Board representative and Mr. Dale Gaddis, Cobb County Board of Education. p-nEpst 4, 1997, meetinp, - continued Mr. Smith stated Campbell High School Booster's Club and other members associated with the Campbell faculty and administration approached the city some time ago requesting that Ward Park be designated for the exclusive use during baseball season of Campbell High School, and that it be the official home of the Campbell High School baseball team. Mr. Smith stated the School Board has agreed to make the football fields at the location of the new Campbell Middle School available for SAA football and also provide storage space at that facility at the stadium. Mr. Smith stated the city is requesting this be a five-year contract, renewable by agreement of both parties, up to five times. Councilman Scoggins made a motion the Mayor be authorized to sign and execute the concurrent use agreement with the Cobb County Board of Education and the City of Smyrna for the use of Ward Park. Councilman Hawkins seconded the motion. Motion was approved 7-0. --- (G) Validate Petition to Annex Property in Land Lots 169, 191, 192 and 242, 17th District, 2nd Section, Cobb County, Georgia (50 acres) - Concord Road Councilman Wood stated Jane Lyle Wootton has requested annexation of 50 acres adjacent to Concord Walk Subdivision which is now under construction. Mr. Wood stated this property will be Phase II of Concord Walk which will be developed by Brad Thompson. Councilman Wood made a motion the petition to annex the property in Land Lots 169, 191, 192 and 243, 17th District, 2nd Section, Cobb County, Georgia (as described below) be validated with a public hearing date of September 2, 1997. Councilman Lnenicka seconded the motion. Motion was approved 7-0. All that tract of parcel of land lying and being in Land Lots 169, 170, 191, 192 and 242 of the 17th District and 2nd Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at the point formed by the intersection of the land lot lines common to Land Lots 192, 193,240 and 241 run thence along the land lot line common to Land Lots 192 and 193 South 89 degrees 18 minutes a distance of 55.01 feet to the True Point of Beginning; thence leaving said land lot line South 01 degrees 29 minutes 11 seconds East a distance of 187.63 feet to a point; thence South 43 degrees 59 minutes 49 seconds West a distance of 131.42 feet to a point; thence South 01 degrees 29 minutes 11 seconds East a distance of 412.32 feet to a point; thence South 88 degrees 30 minutes 49 seconds West a distance of 112.62 feet to a point; thence South 01 degrees 29 minutes 11 seconds East a distance of 205.00 feet to a point; thence North 88 degrees 30 minutes 49 seconds East a distance of 112.62 feet to a point; thence South 01 minute 29 minutes 11 seconds East a distance of 419.68 feet to a point; thence South 51 degrees 52 minutes 56 seconds East a distance of 357.46 feet to a point on the Northwesterly right of way line of Concord Road (70 foot right of way); thence along said right of way line Southwesterly an arc distance of ~ 302 feet to a point; thence Westerly a distance of .I 300 feet to Nickajack Creek; thence Northwesterly along said creek a distance of .I 700 feet to a point on the Southern boundary of a 75 foot Colonial Pipeline Easement; thence leaving said creek line and along said pipeline easement Easterly a distance of ~ 300 feet to a point; thence leaving said easement line Northwesterly a distance of ~ 245 feet to a point; thence Northerly a distance of .:t 100 feet to a point; thence Northeasterly a distance of ~ 100 feet to a point; thence Northeasterly a distance of ~ 100 feet to a point; thence Northeasterly a distance of .r. 150 feet to a point; thence Easterly a distance of .I 130 feet to a point; thence Northeasterly a distance of ~ 200 feet to a point; thence Easterly a distance of 119.5 feet to a point; thence Northeasterly a distance of 179.4 feet to a point; thence Northeasterly a distance of 731.4 feet to a point on the land lot line common to Land Lots 192 and 193; thence along said land lot line Easterly a distance of.I 511 feet to the True Point of Beginning. ..., Said tract being ~ 52.6 acres. ..", COMMERCIAl RIJTT.DING PERMITS' There were none. Auenst 4, 1997) meetine - continued RID AWARDS' (A) Bid Award (Bid 97024) - New Holland Skid Loader Attachment Councilman Scoggins made a motion the bid be awarded to Cobb County Tractor, the low bidder, for a total cost of $5,755.56. Mr. Scoggins stated this is a budgeted item. Councilman Hawkins seconded the motion. Motion was approved 7-0. (B) Request for Proposal Award - Spring Road Bicycle Path and Landscaping Project ... Councilman Hawkins stated this award is just for a conceptual plan and that plan will be used in developing the long range costs and time frame to complete the project. Councilman Hawkins made a motion the bid be awarded to Piedmont, Olsen and Hensley, the low bidder, for a total cost of $34,789.00. Councilman Newcomb seconded the motion. Motion was approved 7-0. r:ONSENT AGENDA' (A) Approval of July 21, 1997, Minutes (B) Approval to Authorize Purchase of Right-of-Way on Grady Street (C) Approval to Request Bids - Landscape Truck - Parks and Recreation Department (D) Approval to Request Bids - Pickup Truck - Parks and Recreation Department (E) Approval to Request Bids - Riding Mowers - Parks and Recreation Department (F) Approval to Request Bids - Dirt Shredder - Parks and Recreation Department Councilman Scoggins made a motion the Consent Agenda be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS' Mayor Bacon stated the city had a great week and weekend. He stated there were probably 12,000 to 15,000 people at the 125th Birthday Celebration on Friday night in the downtown area. He stated the Public Safety building facility was dedicated on Saturday and the event was enjoyed by all. .. Councilman Wood stated there is no report from the Finance Department or Library this evening. Councilman Lnenicka thanked everyone for the 125th birthday celebration -- the citizens who participated and the employees who worked so hard to make the event possible. Councilman Lnenicka stated the new CVS Pharmacy (South Cobb Drive and Cooper Lake Drive) presented the city with a $1,000 check on July 14 for to the Golden Jonquil Organization. He stated the pharmacy is not actually in the city limits but adjacent to it. Mr. Lnenicka further stated CVS has stated they want to be involved in the community and not just another store and presented this gift to the city as a way to be involved in the community. Mr. Lnenicka thanked CVS for the donation and welcomed them to the area. Councilman Lnenicka stated July 27 the Atlanta Journal/Constitution featured Creatwood/Campbell Woods in the Home Finder section of their paper. Mr. Lnenicka commended the subdivision and homeowners for the work they have done to be featured in the paper. Councilman Lnenicka stated there are meetings scheduled this week to discuss the drainage situation with the Creatwood and John Wieland Subdivisions. Mr. Lnenicka noted for the record that John Wieland, Heritage at Vinings Subdivision, continues to be very cooperative with the city and staff. He further stated the city has already begun implementation of a number of corrective measures identified in various reports -- all relatively minor but they have not shied away from doing any of that work. Mr. Lnenicka thanked them for their cooperation. .. Councilman Cramer thanked the citizens who participated in the Cobb Chamber of Commerce sit-down dinner at the Community Center last Thursday evening. He also thanked those citizens who attended the weekend celebrations. He also thanked all the city employees who worked so hard to make the events successful. He also thanked Sheriff Bill Hutson who attended the Public Safety Facility dedication on Saturday. Councilman Hawkins thanked the Mayor and Council for the plaque in honor of his twenty years of service to the city. Mr. Hawkins thanked all the people who worked so hard to make the events of the weekend successful. He also commented that after the huge celebration that lasted until late Friday evening, that the grounds around the community center were spotless early Saturday morning. He stated some of the employees AUE)lst 4, 1997, meetine - continued worked untiIS:(X) a.m. Saturday morning in order to restore the grounds. Mr. Hawkins stated he wanted to recognize the citizens who make the city such a great place to live. He especially recognized the two gentlemen who were here tonight representing youth sports -- Chuck Brannon and Howard "Red" Martin. Councilman Scoggins congratulated Councilman Cramer and Maryclaire Andres for their efforts with the 12Sth Birthday celebration. Mr. Scoggins also expressed his appreciation to the citizens for their attendance at the events of the past weekend. Councilman Newcomb stated the dedication of the Public Safety facility was excellent and the building is substantially on time, on budget and has everything in it that was planned and is a building in which everyone can take pride. He further stated it is a very functional yet attractive building. ~ Councilman Newcomb reported on the Jaywalking Ordinance. Mr. Newcomb stated the Police Committee met July 28 and discussed the issue and are following a program of work described as follows: 1. What does State law say about jaywalking? He stated the answer is "not much." He stated the law states, "pedestrians must use a crosswalk" and if you have two adjacent intersections with stop lights, you must use the crosswalk at those lights. Mr. Newcomb stated that so very many of the highways do not meet that definition. 2. Should the city pass an ordinance that is more restrictive than State law? Mr. Newcomb stated you can ease up on what State law says but the city can pass an ordinance within normal police powers of a municipality that would he more strict. He then stated the committee is now asking the question, "should we pass such an ordinance and what would it say, and what would he a reasonable ordinance on jaywalking?" 3. If the Mayor and Council were to pass such an ordinance, what allocation of police resources would be assigned to such enforcement? Mr. Newcomb stated that is the program of work they are following and will continue to report until they come to a conclusion to at least those three questions. Councilwoman Capilouto thanked all the city employees for the wonderful time everyone had Friday evening. Mr. Smith thanked the employees of the Parks and Recreation, Public Works, Police and Fire Departments for their efforts during the birthday celebration and dedication of the public safety facility. CHARLENE CAPILOUTO, WARD 1 f1~~~ CHARLES PETE WOOD , WARD 7 4td~-- C{)4~ MELINDA DAMERON, CITY CLERK -- ?~ J~~ "'C" RON NEWCOMB, WARD 2 $:s7HA~~ ~~/ WADE S. LNENICKA, WARD 6 ......