07-03-1995 Regular MeetingJuly 3, 1995
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was
called to order by presiding officer Mayor Pro Tern Jim Hawkins at 7:30 o'clock p.m. All council
members were present. Also present was City Administrator Bob Thomson, City Clerk Melinda
Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Budget Analyst Greg Van
Antwerp, Assistant Public Works Director Ray Curtis, Police Chief Stan Hook, Personnel Technician
Chris Corey, Chief Building Official Scott Stokes and representatives of the press.
Invocation was given by Richard Fountain, pastor of Hurt Road Baptist Church, followed by the pledge
to the flag.
Mayor Pro Tern Jim Hawkins announced Cobb County hosted the Police and Fire Games two weeks ago
which is a state-wide competition event. He then asked Chief Larry Williams for a report on how our
staff represented Smyrna in this event.
Chief Williams reported Smyrna was well represented in the Police and Fire Games. The Smyrna golf
team, Lt. David Hancock, Lt. Mike McFail, Firefighter David Loudermilk and Firefighter Grady Ruff,
placed third and were called forward to be recognized. Lt. Ron Towe in the singles tennis competition
placed second and Lt. Towe and Lt. Steve Douglas placed second in the tennis doubles. Councilman Jack
Cramer won second place in the Tough Man Competition in his age group and Daryl Purvine, who set
a new state time record of two minutes and 13 seconds, won the Tough Man Competition and is the new
State Champion in the Tough Man category.
Chief Williams reported that on June 25, five-year old John Pass was observed lying on the bottom of
a swimming pool at a local apartment complex. His mother and brother pulled him from the pool and
he was not breathing. An off -duty Smyrna police officer and a bystander administered first aid and the
child was breathing when the Rescue Squad with the paramedics arrived. The child was transported to
the hospital and kept overnight for observation and released. Chief Williams asked John Pass to come
forward who wanted to say thank you to Police Officer Michael Conti and who also awarded the Life
Safety Plaque to Officer Conti.
Mayor Pro Tern Hawkins stated Chief Williams is the Emergency Management Director and that is why
he is making the presentation.
CITIZENS INPUT:
Mayor Pro Tern Hawkins recognized Doug Stoner, owner of the Smyrna Dairy Queen on South Cobb
Drive. Mr. Stoner stated his appreciation for the assistance he received Friday night after the tornado
touched down and destroyed his business. He expressed his appreciation to the Smyrna Fire Chief
Williams, Police Chief Hook, City Administrator Bob Thomson and the councilmen as well as all the city
employees who assisted him. He thanked them for their quick response and their concern during this
time. He also thanked the citizens of Smyrna for their show of concern and support during this very
trying time.
Mayor Pro Tern Hawkins stated Mayor Bacon is on vacation in Panama City Beach, Florida, but had
asked him to wish everyone a happy Fourth of July. He also announced there will be no fireworks
display at the City tomorrow night; they will be August 11, 1995, in conjunction with our anniversary
of the building of the library and community center.
PUBLIC HEARINGS:
(A) Alcoholic Beverage License Agent Change - Retail Package Beer and Wine - E-Z Serve
Convenience Store - 3002 Atlanta Road
Mayor Pro Tern asked if there was anyone present representing the E-Z Serve Convenience Store and
asked them to come forward. Mr. Hawkins stated the location of this store is in Ward 4 and he will not
be voting on this issue tonight. He then asked Councilman Pete Wood to handle this request. Mayor
Pro Tern Hawkins then asked if anyone was present in opposition to the granting of this agent change
request. There was none.
Councilman Wood recognized Mr. Robert Cyrus Walburn as the agent applicant. Mr. Wood asked Mr.
Walburn if he was currently an agent. Mr. Walburn stated he currently holds three agent license in the
City of Smyrna and this will be to replace Mr. William McFarland who has left the company. Mr. Wood
asked if this alcoholic beverage license agent change is for retail package beer and wine and Mr. Walburn
stated it is actually for beer as they do not sell wine at this location. Mr. Wood stated he assumed Mr.
July 3. 1995. council meeting continued
Walburn was familiar with the Alcoholic Beverage Ordinance for the City of Smyrna and the
requirements contained therein. Mr. Walburn responded he was. Mr. Wood also asked Mr. Walburn
if he was aware the employees who sell retail beer are his responsibility and Mr. Walburn responded yes.
Mr. Wood asked Mr. Walburn about the training program for the E-Z Serve employees. Mr. Walburn
responded they have a very good training program for their employees -- Alcohol Management System -
- which is conducted by their training manager, Peggy Purcell. He stated it stresses the handling of
alcoholic beverages for everyone who comes through the program whether they are assigned to a store
that sells alcohol or not. He also stated each time an employee is assigned to a store they are furnished
with a copy of the Ordinance and are required to sign a statement that they understand it and they are
physically tested on the ordinance. He stated they also conduct their own sting operations. Mr. Wood
stated the City also conducts sting operations. Mr. Wood stated the Police Department background
investigation for Mr. Walburn, Mr. McLauren and Mrs. McLauren and revealed nothing that would
preclude the issuance of this agent change request.
Councilman Lnenicka asked Mr. Walburn what position he holds with E-Z Serve is. Mr. Walburn
responded he is Director of Property Management and Director of Alcoholic Beverage Control. Mr.
Lnenicka asked Mr. Walburn how often he would be by this location and physically inside the store to
meet with these employees. Mr. Walburn stated he is in there as often as possible and generally he is
in there weekly.
Councilman Wood made a motion that Mr. Robert Cyrus Walburn be approved as the agent for the E-Z
Serve Convenience Store located at 3002 Atlanta Road. Councilman Cramer seconded the motion. The
motion was approved 6-0.
(B) Change of Precinct Voting Location - Ward 3
Mayor Pro Tern Hawkins stated this is the second public hearing on the change in voting precinct location
and asked Mr. Thomson for the background information.
Mr. Thomson stated Ms. Dameron, City Clerk, has been working hard on this issue but the synopsis is
that the Phase Il of our Downtown Redevelopment will require that the current court services building
be demolished and will require the relocation of this voting precinct (Ward 3) to the Community Center.
Councilman Scoggins made a motion that the change of precinct voting location for Ward 3 be approved
and the new polling -place will be the Smyrna Community Center effective in the November election.
Councilman Wood seconded the motion. Mayor Pro Tern asked if there was anyone in the audience
opposed to this change or had any comments. There was none. Motion was approved 6-0.
FORMAL BUSINESS:
(A) Extension of Apartment Moratorium - July 5, 1995 to January 5, 1996
Councilman Newcomb stated the city did a study of population density and the mix of residential, the
various types of residential areas, in March, 1994. The findings of that study were quite clear that the
city did not have the balance it needed of owner -occupied dwellings and rental - primarily in the form
of multi -family dwellings. The study indicated that 54% of the dwelling units in Smyrna are multi -family
and of those 93% were rental. Based on the results of the study, the Mayor and Council passed an
apartment moratorium while it implemented a long list of recommendations in that study. He stated most
of those have been implemented with one portion remaining outstanding. He stated that there is a mix
of county and city in which there is a high density area which needs to be evaluated and the city is
working with the County to come up with a joint plan as to how to approach that area. Until that study
is completed, hopefully, in the next few months, the County in October will re -pass it's Future Land Use
Plan and the City will have worked with the County and will have recommendations for further changes
in our Land Use Plan. Based on the recommendation of the Community Development Committee Mr.
Newcomb made a motion that the city extend the Apartment Moratorium for another six months - from
July 5, 1995 to January 5, 1996. Councilman Lnenicka seconded the motion. Councilman Lnenicka
stated he felt this was a continuation of the moratorium that has been in effect for over a year. He stated
Mr. Newcomb is correct the study has pointed out a lot of problems. He does not think the situation,
the imbalance that we have today between multi -family units and single-family units is going to go away.
That we have a number of subdivisions under construction across the city, of which we are very proud,
but it will take some time to get back a balance and to get the additional schools constructed that were
approved in the bond and all the other infrastructure improvements, roads, water and sewer that are
required to lift this moratorium. He further stated he thinks when the city reaches that point we need to
very carefully consider whether we want this kind of zoning in the city at all, given the heavy
July 3, 1995, council meeting continued
concentration of apartments in Smyrna. He stated he thought the census reported some of the census
tracts in this area are the most densely populated outside the central Atlanta core in the entire metro -
Atlanta area and he would like to state for the record the things the city needs to consider are: removing
apartments as a choice in the zoning category; maybe RM-12, twelve units/acre is the current maximum
amount the city can have, maybe apartments should not even be a choice, maybe we should allow certain
townhouse and condominium type density but maybe we have enough apartments for our population and
don't even need that to be a choice; take it out of the zoning book and not even continue having a
moratorium. He stated this was just a comment and he supports the moratorium. Motion was approved
6-0.
(B) Resolution to Reaffirm the Necessity for the "911" Subscriber Charge
Councilman Lnenicka stated the City is required by law to annually reapprove the necessity to charge
telephone subscribers for a "911" charge. He stated that is currently $1.50 a month and this is done each
July with a resolution which he read as follows:
"Whereas, the City of Smyrna is operating an enhanced "911" system which facilitates the
dispatching of emergency services to the residents of Smyrna; and
Whereas, the City of Smyrna has imposed and collected a monthly "911" charge of $1.50 from
telephone subscribers within the area served by such system; and
Whereas, the City of Smyrna has established a separate restricted revenue fund into which these
"911" charges are deposited; and
Whereas, these funds alone are not sufficient to pay for the operation of the enhanced "911"
system; and
Whereas, the City of Smyrna must annually reaffirm the need for the $1.50 "911" charge on
telephone subscribers;
Now, therefore, be it resolved that the City of Smyrna City Council, by resolution, reaffirm the
necessity for the $1.50 "911" charge on telephone subscribers served by the enhanced "911" system for
fiscal year 1995.
Passed this 3rd day of July, 1995."
Councilman Lnenicka stated the cost of the system is not paid for by this $1.50 charge, there are other
city revenues which must compensate for this. He made a motion the resolution be adopted and reaffirm
the necessity for the charge on telephone subscribers for the current fiscal year, 1996. Councilman
Newcomb seconded the motion. Mayor Pro Tem Hawkins stated if it were not for the $1.50 charge on
the phone bill, this system would have to be totally funded with tax money. Motion was approved 6-0.
(C) Bid Opening - Computer Maintenance Contract
Mayor Pro Tern Hawkins stated there were seven bids received and asked if anyone in the audience had
a bid to submit. There was one additional bid. The bids were opened and read as follows:
Monthly
Annual
Rate
Rate
The Digital Group, Inc.
$1,259.75
$15,117.00
ATS-Atlanta
$1,379.85
$15,590.75
Computer Century of Ga., Inc.
$--
$11,875.00
Cherokee Data System
$1,740.00
$20,880.00
Pro -Ed, Inc.
$1,000.00
$121000.00
OEC Systems
$19216.67
$14,600.00
BMC Solutions
$1,881.00
$21,133.00
Equitrac Computer Services
$ 851.00
$10,212.00
Councilman Wood made a motion the bids be turned over to the Finance and Administration Committee
for their review and a recommendation to be brought back at the next council meeting. Councilman
Cramer seconded the motion. Motion was approved 6-0.
COMMERCIAL BUILDING PERMITS: There were none.
BID AWARDS: There were none.
July 3, 1995, council meeting continued
CONSENT AGENDA:
(A) Approval of June 19, 1995 Minutes
(B) Budget Adjustment - Court Services
(C) Approval to Install "No Parking" Signs at 5151 Afton Way
(D) Approval to Close Jane Court on July 23, 1995, from 3:00 - 6:00 p.m.
Mayor Pro Tern Hawkins read the consent agenda. Councilman Lnenicka made a motion to suspend the
rules for the purpose of adding an item to the Consent Agenda. Councilman Cramer seconded the
motion. Mr. Lnenicka stated he would like to add to the consent agenda as item 7-1) Approval to Close
Jane Court in Argyle Estates Subdivision on Sunday July 23, 1995, from 3 - 6 p.m. and the purpose is
a Neighborhood Watch Organization in that neighborhood is sponsoring a block party. Motion was
approved 6-0.
Councilman Lnenicka then made a motion the consent agenda be approved. Councilman Wood seconded
the motion. Motion was approved 6-0.
COMMITTEE REPORTS:
Councilman Pete Wood stated there is no report from the Finance Department. He then stated the City
has received notification from the Government Finance Officers Association that the Comprehensive
Annual Financial Report (CAFR) for the fiscal year ended June 30, 1994, qualifies for a Certificate of
Achievement for Excellence in Financial Reporting. He stated this is the seventh consecutive year the
city has achieved this award.
Councilman Wood then commended the city employees for their response Friday night when a tornado
touched down in our city.
Councilman Lnenicka announced since the 1988 1% Road Tax was approved, the residents of Creatwood,
Campbell Wood Subdivisions, Vinings North, Hickory Hills there would be a traffic light on Atlanta
Road at Creatwood Trail. He stated over the years he has continued to ask when is it coming and he has
assured them when Atlanta Road is widened the light will be there. He stated he is very pleased to report
that as part of the Cobb County widening project, the poles and signal are actually visible but we do not
have a definite date for the complete installation and operation of that light, but it will be done. He also
stated Kingstowne Apartments have changed their name to Wexford Hills. He stated this is the most
visible change to this complex but noted they are in the process of a $3 million renovation project and
police calls to that complex have dropped by two-thirds.
Councilman Lnenicka also thanked the city employees for their response to the tornado on Friday night.
Councilman Cramer stated he had a great ward meeting last Wednesday with about seventy -residents
attending. He then stated there is no report from the Parks Department but he announced the fireworks
this year will be August 11. ` It
Councilman Cramer also thanked the city employees for their response to Friday's tornado.
Councilman Scoggins thanked the city employees for their response to the tornado.
Councilman Newcomb asked Chris Corey for a report from the Human Resources Department. Mr.
Corey reported on Saturday, June 24, 1995, forty-five police officers took the Police Sergeant's
promotional exam which was administered through the University of Georgia. He also stated thirty of
the forty-five applicants passed the test. He stated those who passed that written test will move on to the
next phase of the promotional exam, which is the assessment center which will be July 18, 19 and 20.
He stated there is currently an opening for two Laborer II positions in the Parks and Recreation
Department with a closing date of July 13, 1995.
Councilman Newcomb commended the Human Resources Department for their assistance in the recent
testing conducted recently.
Councilman Newcomb reported the bids will be opened by the county in August for the contract for the
first phase of Spring Road widening, which is the portion between Spring Road and the school, . The
county is now in the process of acquiring the property and rights -of -way. He stated there has been no
word from the U.S. Army Corps of Engineers on the application to work on Poplar Creek.
July 3, 1995, council meeting continued
Councilman Patrick stated the Summer Reading Program attracted 460 children and also that the Michael
Siegler will be reporting for work on July 24.
Mayor Pro Tern Hawkins, Chairman of the Court Services Committee, stated he had received a thank
you note from a gentleman who had received a traffic ticket. The letter complimented Ms. Peggy
Newsome for her friendly, tactful and valuable assistance recently in conjunction with his receiving this
traffic citation.
Mr. Thomson stated the normal sanitation pick up for residents scheduled for Tuesday, July 4, will be
on Wednesday, July 5, and the schedule for recycling by BFI will be as scheduled.
Ms. Dameron reported the Court Services Division has moved from 1301 Bank Street to 1286 West
Spring Street and court, beginning July 6, 1995, will be held in the Council Chambers. Ms. Dameron
expressed her appreciation to Peggy Newsome and Duke Roberts for all their hard work this past
weekend. She stated they began the move of Court Services on Friday and were open for business this
morning.
Mayor Pro Tern Hawkins reported the city's elected officials have just returned from the Georgia
Municipal Association annual convention. He stated one of the highlights was that the City presented an
hour and a half presentation on Downtown Revitalization. Mr. Hawkins complimented Ms. Barton for
the beautiful slide presentation and announced that Mayor Bacon and Gordon Mortin described the
process for downtown revitalization. He then wished everyone a safe and happy Fourth of July.
With no further business, the meeting adjourned at 8:21 p.m.
A. MAX BACON, MAYOR
O N PATRICK, WARD 1
JACK CRAMER, WARD 5
el
CHARLES PETE WOOD, WARD 7
MELINDA DAMERON, CITY CLERK
RON NEWCOMB, WARD 2
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