08-16-1993 Regular MeetingAugust 16, 1993
The regular scheduled meeting of Mayor and Council was held August 16, 1993 at Smyrna City Hall. The meeting
was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were
present. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles
E. Camp, Parks and Recreation Director Steve Ciaccio, Library Director Laurel Best, Police Chief STanley Hook,
Community Relations Director Kathie Barton, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt,
Assistant Fire Chief Jimmy Bivins, Personnel Director Mary Ann White, Finance Director Jim Triplett and
representatives of the press.
Invocation was given by Michael Cagle, pastor of Smyrna Church of Christ followed by the pledge to the flag.
CITIZENS INPUT: Virgil Moon, Director of Finance for Cobb County, presented a plaque and Certificate of
Achievement in Financial Reporting for 1992 to Claudia Edgar. Mr. Moon stated this is a prestigious award
presented for excellence in governmental accounting procedures and commended Ms. Edgar for her excellent work.
PUBLIC HEARINGS:
(A) Adoption of 1993 Ad Valorem Tax Millage Rate
Councilman Pete Wood stated that the 1994 budget for the City of Smyrna was adopted June 21, 1993 with a
tentative tax rate of 11.57 mills. He further stated the City had to wait until we received the Cobb County digest
before adopting a final rate. Councilman Wood made a motion the 1993 ad valorem tax rate be set at 11.54 mills,
seconded by Councilman Ron Newcomb.
Councilman Wood said this is the third consecutive year that the City has been able to able to reduce the millage
rate. In 1991 it was 11.60 mills and in 1992 it was set at 11.57 mills and it is significant that the City has been
able to continue to reduce the millage rate while moving forward with downtown redevelopment.
Councilman Newcomb said when he was running for office in 1991 he made several pledges; one of which was not
to increase the tax millage rate and it was with pleasure that he supported the motion to reduce the rate for the
second consecutive year. Vote on the motion carried 7-0.
(B) Variance request - 2115 Jarrod Place - reduce front yard setback from 35 feet to 25.27 feet and side yard
setback from 10 feet to 5 feet
Bob Thomson stated that Province Properties is requesting two variances to allow new construction in Phase V of
Vinings Glen Subdivision. This item was tabled at the last meeting and a representative of Province Properties was
sworn in with Ed Harless, President of the Homeowners Association.
Mr. Harless stated that after meeting with the builder and Councilman Lnenicka, the homeowners association is
extremely pleased and now recommended changes that are proposed and withdrew any previous objections they had
with the variances.
David Swales with Province Properties said they were originally requesting a reduction on the front and side
setbacks but now have been able to reposition the house on the lot so that only a front setback reduction is required,
from 35 to 22 feet with no reduction in the side yard. Mr. Swales said they felt this was the best scenario for all
parties involved and also meets approval of the future owners and adjacent property owners.
Councilman Lnenicka made a motion the variance be approved to reduce the front yard setback from 35 to 22 feet.
Councilman Newcomb seconded the motion which carried 7-0.
(C) Transfer of pawn shop license - Atlanta Pawn II
Bob Thomson stated that E-Z Pawn Corporation has applied for a license as new owners at the location formerly
known as Atlanta Pawn at 3247 South Cobb Drive. Terry Norton will be the licensee and meets all requirements
of the ordinance. The police investigation also revealed nothing to preclude Mr. Norton from obtaining the license.
There was no opposition.
John Thedford represented E-Z Pawn and stated he was the Regional Director. This business is located at the
corner of Concord Road and South Cobb Drive which they recently purchased from Atlanta Pawn. Victoria
Wegwood also represented E-Z Pawn as the Area Supervisor, and said this is a publicly held company with three
locations in Georgia. In addition to the pawn license, they are requesting a precious metals license. Ms. Wegwood
said the agent, Mr. Norton, has been with the company for 7 months and will be the on site manager.
Councilman Hawkins reminded Mr. Thedford and Ms. Wegwood that there are reports that must be maintained and
made available to the Police Department. Councilman Hawkins made a motion the license be approved, seconded
by Councilman Cramer.
Councilman Newcomb called Mr. Norton forward and asked if he was familiar with the ordinance and understood
that he would be responsible for any violations that may occur. Mr. Norton replied that he was.
After further discussion, vote on the motion to approve the pawn shop license carried 7-0.
August 16 1993 meeting = continued
Councilman Hawkins then made a motion the precious metals license be approved as requested. Councilman Jack
Cramer seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Bid opening - rubber tire loader
Bids were opened, read and recorded as follows:
Forest Services, Inc.
$ 86,763.80
Flint Equipment
$ 87,590.00
Metrac, Inc.
$ 83,900.00
Burch -Lowe, Inc.
$ 72,981.00
Councilman Bill Scoggins made a motion the bids be turned over to the Public Works Committee for their
recommendation back to full council. Councilman Newcomb seconded the motion which carried 7-0.
(B) Bid opening - garbage truck
Bids were opened, read and recorded as follows:
Peach State Ford $ 73,750.94 - Ford LNT8000
Dempster DRK II:
Consolidated Disposal $ 70,179.00 - Ford LNT8000 (front pump)
$ 73,750.00 - Ford LNT8000
$ 72,250.00 - GMC
Leach 2RII:
$ 70,859.00 - Ford LNT8000 (front pump)
$ 74,230.00 - Ford LNT8000
$ 72,730.00 - GMC
Smyrna Truck & Body $ 77,517.00 - GMC
Councilman Bill Scoggins made a motion the bids be turned over to the Public Works Committee for their
recommendation back to full council. Councilman Patrick seconded the motion which carried 7-0.
(C) Validate petition to annex property in Land Lot 485, 17th District, 2nd Section, Cobb County, Parcel 28 on
King Springs Road 1 '
Councilman Jim Hawkins said that Emory Paris is applying for annexation of the following described property:
All that tract or parcel of land lying and being in Land Lot 485 of the 17th District, 2nd Section, Cobb County,
Georgia, being Parcel 28, more particularly described as follows: -
BEGINNING at the intersection of the southern right of way of Concord Road with the western right of way of
King Springs Road; thence southerly along said right of way of King Springs Road a distance of 408.5 feet to a
point, said point being the POINT OF BEGINNING; thence continuing southerly along said right of way of King
Springs Road a distance of 234.00 feet to a point; thence westerly a distance of 275.0 feet to a point; thence
northwesterly a distance of 234.5 feet to a point; thence easterly a distance of 273.5 feet to the POINT OF
BEGINNING.
Councilman Hawkins made a motion a public hearing be set for the second meeting in September to consider the
annexation request. Councilman Ron Newcomb seconded the motion which carried 7-0.
(D) Donation of land to City of Smyrna
Bob Thomson stated that Robert Davies has offered the donation of 10.3 acres to the City which is located largely
in the flood plain with frontage on Hurt Road. The property could be used for open recreation area and the Cobb
County Water & Sewer Department has just installed a trunk line.
Mayor Bacon said our City Engineer has provided comments about some complaints he has received from residents
in the area about a strong odor from the creek and did not want to accept the property if it will be a source of
problems for the City.
Councilman Cramer made a motion this matter be tabled to the next meeting for further study. Councilman
Newcomb seconded the motion which carried 7-0.
August 16. 1993 meeting; - continued
COMMERCIAL BUILDING PERMITS
(A) Smyrna Christian Church at 910 Concord Road requested a permit for an 8,250 square foot addition at a total
estimated cost of $400,000. Councilman Jim Hawkins made a motion the permit be approved. Councilman John
Patrick seconded the motion which carried 7-0.
BID AWARDS: Nothing to report.
CONSENT AGENDA:
(A) Approval of August 2, 1993 minutes
(B) Change date of first council meeting in September to September 7, due to Labor Day holiday
(C) Approval to request bids - water meters
(D) Transfer CDBG funds - Wooddale Drive sewer line to two handicap wheelchair lifts
(E) Ratify agreement with Saville Insurance
(F) Approval to request bids - air conditioning unit at Church Street Center
(G) Four-way stop sign - Campbell Road at Nancy Circle and railroad bridge
(H) Approval to request bids for addition to Public Works building
Councilman Bill Scoggins made a motion the consent agenda be approved. Councilman Pete Wood seconded the
motion which carried 7-0.
COMMITTEE REPORTS:
Councilman Patrick called on Laurel Best for a report from the Library.
Councilman Ron Newcomb called on Mary Ann White for a report from Personnel. Mrs. White announced job
openings in the City and stated the personnel policies handbook has been distributed to all employees.
Councilman Newcomb asked Ken Hildebrandt for a report on complaints that have been received about a business
going door to door posting notices that they will paint street numbers on the curb, implying that they are doing it
at the City's request in order for us to provide better emergency service. Mr. Hildebrandt said the company is not
affiliated with the City and they did recently purchase a business license. Residents are not required to take the
service but can do so at their own discretion.
Councilman Newcomb thanked the Cobb County School Board for work that has recently begun at Campbell High
to control drainage problems.
Councilman Bill Scoggins called on Kathy Barton for a report from Community Relations. Mrs. Barton invited
council members to the Work Glove Appreciation Luncheon for city employees this week at Ryans.
Councilman Scoggins read a letter from a City resident complimenting our Public Work crews for their prompt and
efficient response to a sewer backup recently.
Councilman Jim Hawkins said he has had several discussions with the City Engineer recently about traffic on
Church Road and there does not seem to be a good solution. A meeting has been scheduled for August 23rd to give
business and homeowners an opportunity to present their ideas. Ken Hildebrandt and Stan Hook will also be in
attendance.
Councilman Jack Cramer called on Steve Ciaccio for ,a report from the Parks Department. Councilman Cramer
read a letter of thanks from the Senior Citizens who participate in the water aerobics program at Tolleson Park and
asked that the pool be heated or covered for year round activities.
Councilman Wade Lnenicka read a letter commending Officer R. R. Eaton for his courtesy and respect while
responding to an auto accident recently.
Councilman Lnenicka also recognized Captain Ed Clack in the Smyrna Police Department for being featured in the
Marietta Journal Saturday in recognition of his accomplishments in State and local track meets.
Councilman Pete Wood called on Jim Triplett for a report from the Finance department. Mr. Triplett stated that
on September 13th the auditors will be on site.
With no further business meeting adjourned at 8:22 p.m.
August 16, 1993 meeting - continued
A. MAX BACON, MAYOR
B SCO 14S, WARP T
ACK C ER, WARD 5
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CHARLES PETE WOOD, WARD 7
MELINDA AMERON, ITY CLERK
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WADE LNENICKA, WARD 6