06-03-1996 Regular MeetingJune 3, 1996
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 Bob Thomson, City Clerk Melinda Dameron, City
Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public
Works Administrative Coordinator Brenda Barrett, Police Major Kent Sims, Library Director Michael
Seigler, Parks and Recreation Representative Patty Bacon, Community Relations Director Kathie Barton,
Clean and Beautiful Coordinator Ann Kirk, Personnel Director Mary Ann White, City Engineer Ken
Hildebrandt, Chief Building Official Scott Stokes and representatives of the press.
Invocation was given by Reverend Jim Mitchell, pastor of Smyrna First United Methodist Church,
followed by the pledge to the flag.
Mayor Bacon stated there were two items under the Public Hearings portion of the meeting which have
been removed. Item 3-E - Alcoholic Beverage License Request - has been withdrawn at the request of
Morrison's; Item 3-F - Annexation Request - has been withdrawn at the request of Mr. and Mrs.
Trumble.
CITIZENS INPUT:
Mayor Bacon recognized Frank Bradford, candidate for State Representative - District 30. Mr. Bradford
thanked the Mayor and Council for the opportunity to speak to the citizens tonight and urged everyone
to vote on July 9, 1996. Mayor Bacon recognized Buck Craft - candidate for Sheriff of Cobb County.
Mr. Craft also urged everyone to vote for him July 9. Mayor Bacon recognized Vic Reynolds - candidate
for Chief Magistrate for Cobb County and urged everyone to vote on July 9.
Mayor Bacon recognized Kenny and Ellen Burts and their baby, Ryan. Mayor Bacon announced that Mr.
Burts, Key Lime Pie, Inc., had received the Cobb County Small Business of the Year Award this
morning. Mayor Bacon congratulated the Burts on their being selected for this award. Mr. Burts stated
they started their business in 1989 in Marietta and then moved to Smyrna in 1992. He stated they now
currently make about 1200 pies daily and distribute them to 33 states and almost 200 cities throughout
the country. Mr. Burts thanked the Mayor and citizens of Smyrna for their support through the years.
Mayor Bacon recognized Ms. Ella Fortner, resident of Wayland Court. Ms. Fortner stated she and
several of her neighbors were concerned and upset about the new park that is being built behind their
homes. She stated this park is part of the new Campbell High School complex which will be located at
the old site of Wills High School and Nash Middle School. She further stated the park will be no less
than 50 feet from the back yards of their property. She stated she and her neighbors had met with Cobb
County and had seen the plans and feels the sports complex is too close to their homes. She also stated
they had requested Cobb County to re-evaluate their plans and to possibly put the ball field on the
opposite end of the property. Ms. Fortner also expressed concerns about the location of a road which
is planned to be raised six feet and the close proximity to their property. Ms. Fortner stated they are
concerned with the traffic that will use that road; stadium lights, removal of trees, etc.
Mayor Bacon stated the site of this proposed ball field is what used to be the vacant lot across from Nash
Middle School. Mayor Bacon stated the property behind the school is planned for an athletic field.
Mayor Bacon stated he had spoken with Ms. Anne Brady this morning and asked her what could be done.
He stated he had been advised they would try to work with the residents.
Councilman Cramer stated no one wanted a sports facility, stadium lights, concession stands or bleachers
approximately 50 feet from their homes and indicated he hoped Ms. Brady would assist the residents with
obtaining some concessions to the original plans.
Mayor Bacon recognized David Hilton, candidate for Chairman of the Cobb County Board of
Commissioners. Mr. Hilton thanked the Mayor and Council for the opportunity to speak tonight. He
encouraged everyone to vote.
PUBLIC HEARINGS:
(A) Alcoholic Beverage License Request - Sumner Suites, 1000 Curtis Drive - For Retail
Pouring of Beer, Wine and Liquor
Mayor Bacon stated this item was tabled at the last meeting. Mr. Thomson stated the Sumner Suites at
Cumberland had submitted an application for retail pouring of beer, wine and liquor, John Banks,
licenser. He further stated the Police Department background investigation revealed nothing that would
June 3, 1996 meeting - continued
preclude the issuance of this license. Mayor Bacon stated this is a public hearing and asked if anyone
was present in opposition to the granting of this license request. There was none.
Councilwoman Capilouto stated that at the last meeting, there was a question of whether the Sumner
Suites would have a full kitchen. She stated that the Ordinance requires that 50% of the food must be
prepared on site. Attorney Al Long stated he has been working with City Attorney Chuck Camp and
Chief Building Official Scott Stokes, had reached an agreement and had faxed a copy of the proposed vent
exhaust system of the proposed system and the architect has determined they will be able to vent so
everything will be in code compliance. He stated they will have a full facility kitchen which was the
major concern raised at the last meeting. He stated they also did a very rough projection of the sales and
more than 50% of the revenue generated will be from food sales.
Councilwoman Capilouto stated the only thing missing from their plans at the last meeting was the stove
itself and that has now been modified.
Mayor Bacon stated he hoped Mr. Banks understood the granting of this license is a privilege and should
not be taken lightly. He also stated the city does not allow the sale of alcohol to minors under any
condition.
Councilwoman Capilouto made a motion the privilege license for retail pouring of beer, wine and liquor
be approved for Sumner Suites, 1000 Curtis Drive. Councilman Cramer seconded the motion. Motion
was approved 7-0.
Mayor Bacon apologized for not recognizing Cathy Simpson, Director of Cobb County Parks and
Recreation Department earlier and asked her to come forward. Ms. Simpson stated there will be a public
hearing on the Parks needs assessment meeting on June 12 at 7:00 p.m. at Smyrna City Hall.
Commissioner Joe Lee Thompson urged everyone to vote in support of the upcoming bond issue and
stated there will be $1.7 million worth of improvements in the parks of the city of Smyrna which will
be paid for by the expansion of the Cobb County government and not with increased taxes.
Ms. Simpson stated it is the intent of the Parks Department to allow every citizen an opportunity to
provide input for the upcoming bond referendum. She stated there will be a public meeting at 7:00 p.m.
on Wednesday, June 12, in the Council Chambers. She encouraged everyone to attend and state what
they would like to see included in the bond referendum, in the way of recreation, for Smyrna.
(B) Rezoning Request - Davenport Street (3 Acres) from R-15 Single Family to R-12
Conditional - Single Family
Mr. Thomson stated Habitat for Humanity has applied for a rezoning of 3 acres on Davenport Street from
R-15, single family, to R-12 Conditional, single family. He further stated they are planning to develop
a subdivision. Mayor Bacon asked the applicants, Mark Kilbee and Henry Brooks, to step forward. He
then stated this is a public hearing and asked if anyone was present in opposition to the granting of this
rezoning request. Mr. Greg Roland came forward and all three persons were sworn in by City Attorney
Chuck Camp.
Councilman Scoggins asked Mark Kilbee, volunteer and Chairman of Site Selection Committee, and
Henry Brooks, staff person with Cobb Habitat, to briefly explain what they plan to do at this locations.
Mr. Kilbee stated they have purchased part of the property involved and have an option to purchase the
other parcels. They plan to put in a street and ten lots that will be used for Habitat for Humanity to build
homes for those who need help. He stated this area has had some problems in the past and they feel the
installation of the street and houses in this area will benefit the Cobb Habitat families and the community
as well. Mr. Brooks expressed his appreciation to Reverend Hearst for his help in this area. Mr. Brooks
stated the proposed street will be dedicated to the City of Smyrna and Habitat will utilize 20 - 25% of
their property for that right of way.
Councilman Scoggins stated that Bates Street is the area the city ordered cleaned up last year and this has
been done. Mr. Scoggins reminded everyone this is the area where murders and drug deals occurred and
unsafe living conditions existed. Councilman Scoggins stated there will be approximately 10 homes in
this area built by Habitat and Mr. Kilbee stated they are talking with other property owners on the street
and there is the possibility there will be four additional homes in the project. Mr. Kilbee listed several
churches that are involved in the project -- Smyrna First Methodist, Calvary Presbyterian Church,
Smyrna First Baptist Church, and others. Mr. Kilbee stated they will only build one home on this site
this year but plan to build the additional homes in three to five years.
June 3, 1996 meeting - continued
Mayor Bacon asked Mr. Roland to come forward. Mr. Roland stated on January 2, 1996, he had
purchased the property at 2551 Davenport Street for the 1994 back taxes. He stated on May 3 he
checked with the tax office and determined the 1995 taxes had not been paid so he paid those as well.
He stated on May 21 when he drove by the property, he saw the grass needed cutting and when he cut
the grass he saw the posted signs about the rezoning. He said he then learned Habitat had procured the
property but the tax deed to date has not been satisfied or redeemed. Mr. Kilbee stated they were amazed
when they learned of this situation last week as they had purchased the property in foreclosure with Fleet
Finance and thought they were the sole owners of the property. They did stake the property and placed
the signs on the property. Mr. Kilbee further stated that after conversations with Mr. Roland they
contacted their attorney, Philip Beggs, and it is their understanding they have the right of recision and
Habitat is willing to do that. Mr. Kilbee stated their attorney is proceeding with this process. Mr.
Roland stated he was not opposed to the rezoning requested for the Habitat project, his concern was the
back taxes and the principal amount. Mr. Roland stated he would be opposed to the rezoning if the back
taxes are not satisfied as the property and the rezoning is approved, it would make it more difficult for
him to recover his money. Mr. Roland then stated that Habitat has twelve months to satisfy the taxes,
and if they are not satisfied, he would be forced to foreclose on the property. He then asked that the
rezoning be postponed until the deed is satisfied. Mr. Kilbee stated Habitat has no problem with making
that request a condition of the rezoning.
Councilman Scoggins made a motion that the rezoning request for the 3 acres on Davenport Street from
R-15, Single Family, to R-12 Conditional - Single Family, be approved with the stipulation that the taxes
be paid on Lot 24, Land Lot 664. Councilman Hawkins seconded the motion. Motion was approved
7-0.
(C) Variance Request - 1005 Windy Hill Road - Reduce Side Yard Setback from 10 Feet to
7 Feet
Mr. Thomson stated the applicant's building is seven feet from the side property line and they are
planning to build a 30-foot addition on the rear of the building. He further stated Mr. Daniel Zuccala
is adding a 720 square foot addition to the rear of his store. Mayor Bacon asked the applicant to come
forward. Mayor Bacon announced 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 Mr. Zuccala to briefly explain what is presently at the location and what he
plans to do at this property. Mr. Zuccala stated he currently has a meat market and grocery at this
location at 1005 Windy Hill Road and does a lot of business and needs more space. Mr. Hawkins asked
what he planned to use the additional space for. Mr. Zuccala responded he planned to add a fast food
section to the property. Mr. Hawkins asked Mr. Zuccala if he had talked with Cobb County about the
requirements he would need to meet if this variance is approved. Mr. Zuccala's architect, Mr. Miguel
San Martin, stated he has been taking care of the requirements by Cobb County and feels they will not
have any problems. He specifically stated they currently exceed the parking requirements and he has
done a number of restaurants and does not feel the health issues will present a problem. Councilman
Hawkins stated he wanted it to be a part of the record that if the City grants the variance request, it does
not guarantee that Mr. Zuccala will have a restaurant on the property. Councilman Hawkins stated the
request for the variance at this location is similar to a situation the city faces quite often. He further
stated the building is too close to the property line and is a non -conforming structure and any changes
to the property necessitates a variance. Mr. Zuccala stated he felt the form indicating reducing the side
yard setback from 10 feet to 7 feet is in error as he is requesting the variance to reduce the side yard
setback from 10 feet to 3 feet. Mr. Hawkins asked Mr. Zuccala if his plans would encroach on the TV
Analyst business location and Mr. Miguel responded no, Commercial Bank is on that side of the property.
Mr. Miguel stated he plans to continue the lines of the existing building which is 3 feet from the property
line. Councilman Hawkins stated in his agenda packet, where it asks that the adjacent property owners
be contacted, there is a letter from the TV Analyst but no letter from the bank located on the other side
of the property. Mr. Miguel stated he had mailed a letter to the bank but had received no response from
them. Mr. Miguel presented a certified letter receipt indicating the bank had been notified, but no
response was received. Councilman Hawkins made a motion the variance request at 1005 Windy Hill
Road to reduced the side yard setback from 10 feet to 3 feet be tabled until the June 17 meeting. He
further stated he would like to walk that property with Chief Building Official Scott Stokes to determine
the accurate facts. Councilman Newcomb seconded the motion. Motion to table the request was
approved 7-0.
June 3 1996 meeting - continued
(D) Variance Request - 1239 Concord Road - Reduce Side Yard Setback from 50 Feet to 23
Feet
Mr. Thomson stated the existing building is 24 feet from the side property line. He further stated the
applicant, Dr. Mel Weiss, Smyrna Eye Group, is requesting to build an addition to the existing building.
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 Dr. Weiss to explain why this variance is necessary. Dr. Weiss stated the
original building on the property was built in 1976 and the original design allowed for two side -by -side
buildings with driveways on each side. He further stated the driveways that exist today are the original
driveways and they had a 10-foot setback at that time. Dr. Weiss further stated that only one building
was built at that time and the original zoning allowed for it and the side of that building has been
unchanged as far as the zoning. He stated in 1986 they built an expansion to the building and widened
the single building on the property to the existing side line keeping the driveway the same 10 feet. He
stated they are now wanting to expand their business and are planning to go out toward the front of the
property, keeping the side lines exactly as they stand and to come out the back a little on the existing
patio. He stated this issue came up as he wanted to make sure they did not encroach on the 50 foot
setback from Concord Road. He stated the city was unable to find a record of the previously allowed
variance for the side setback on one side of the property. He stated the owner of the property on the side
in question has been notified and has signed a letter stating they have no objection to the variance.
Councilman Hawkins stated for the record that Bogey Stoner owns the adjacent property.
Councilman Lnenicka asked Dr. Weiss how far his building is from the 50 foot setback of Concord Road.
Dr. Weiss responded probably 17 or 18 feet. Councilman Lnenicka asked how much closer to Concord
Road his addition would be. Dr. Weiss responded they would come approximately 19 feet closer to
Concord Road. Councilman Lnenicka asked Dr. Weiss if he had heard the portion of the meeting where
Jim Croy, Cobb County D.O.T. had mentioned the Concord Road widening project and asked Dr. Weiss
if he was confident that with the widening of Concord Road his property would not be caused problems.
Dr. Weiss stated they will still have the right of way which is 12 feet and 50 feet to the building. He
stated they do plan to have some parking in the front of the building so if D.O.T. came in and wanted
the right of way, he would still have his parking. He said if they come in and want the entire property,
he would have a lot of issue with that as he is not so sure that would be in the best interest of the city.
Dr. Weiss stated it was his personal opinion they would need some property to widen Concord Road and
he would worry about that issue at that time.
Councilman Hawkins made a motion the variance request at 1239 Concord Road to reduce the side yard
setback from 50 feet to 23 feet be approved. Councilman Lnenicka seconded the motion. Motion was
approved 7-0.
(E) Alcoholic Beverage License Request - Morrison's Fresh Cooking, Inc., D/B/A
Morrison's Fresh Cooking #4531 - 2589 Spring Road - Retail Pouring of Beer, Wine and
Liquor
This item was withdrawn.
(F) Annexation of Property at 3793 North Cooper Lake Road - 2.66 Acres
This item was withdrawn.
(G) Business License Request - AA Bail Bond Company - 26 Powder Springs Street, Suite
C, Marietta, Georgia
Mr. Thomson stated Mr. Garrison and Mr. Oliver have applied for a business license to operate a bail
bonding company within the city of Smyrna. He further stated they have been given a copy of the
ordinance governing the operation of a bail bonding company. Mr. Thomson stated the company has
recently submitted their list of outstanding bonds and the Police Department investigation has been
completed and the applicants have been photographed and finger printed.
Councilman Wood asked Mr. George Everett Garrison and Mr. Gregory Lavon Oliver if their business
is currently located at 26 Powder Springs Street in Marietta. They responded that was correct. Mr.
Wood asked the applicants if they were familiar with the code requirements of the City of Smyrna and
they responded they were. Mr. Wood stated the applicants have provided all the required paperwork and
June 3 1996 meeting - continued
meet all the requirements. Councilman Wood stated the Police Department investigation revealed nothing
that would preclude the issuance of this license request. Mr. Wood asked if the business was a
partnership and Mr. Garrison responded it was a Chapter S Partnership business.
Councilman Wood made a motion the business license request for AA Bail Bond Company at 26 Powder
Springs Street, Suite C, Marietta, Georgia, 30061 be approved to write bail bonds in the City of Smyrna.
Councilman Hawkins seconded the motion. Motion was approved 7-0.
FORMAL BUSINESS:
(A) Bid Opening - Cobb County - Spring Road Widening Project - Contract 2
Commissioner Joe Lee Thompson stated several bids were mailed out but only two were returned. He
then asked Bob Ashe, Cobb County Purchasing Department Head, to come forward and requested that
Councilman Newcomb and Councilwoman Capilouto open the two received bids.
Mr. Ash reported seven bid packages were mailed out and two responses were received. He noted that
Ms. Capilouto and Mr. Newcomb should pay attention to Page 1.18 and the last box on the page would
contain the information necessary for this bid. Mr. Croy stated these bids are for Phase 2 of the Spring
Road Widening project. He stated this will carry on from the existing construction up to Argyle
Elementary School. He further stated this will go from Argyle Elementary to CSX Railroad Bridge and
includes a four -lane, divided, linear park concept from Farmstead to Village Parkway. He stated this
phase also includes a pedestrian bridge over Spring Road at Argyle Elementary. Mr. Croy stated there
are 600 days scheduled for construction which indicates the road will be open in March, 1998, for traffic.
The bids were opened and read as follows:
C. W. Matthews $5,629,085.85
Pittman Construction Company $5,679,412.15
Mr. Ash stated the apparent low bidder is C. W. Matthews and the engineering staff will review those
bids. Mr. Croy stated the staff will review the bids with a recommendation being made to the Board of
Commissioners on June 11 with construction to begin the end of July or first of August.
Councilman Newcomb stated again this phase is from Campbell Road down to Atlanta Road.
Commissioner Thompson then called on Mr. Croy to update the citizens of Smyrna on road projects in
the city. Mr. Croy updated the city on six projects underway in Smyrna. Mr. Croy listed the following
road projects: Concord Road - request for proposals will go out in July and preliminary input from the
public the latter part of the summer; Old Concord Road bridge - replacement project including the Old
Concord Road and Church Road intersection work. He stated the construction plans are finished and
right of way negotiations are underway and they anticipate letting that project for construction in August
and possibly July; Atlanta Road - widening the road north from Windy Hill to the South Marietta Loop.
He stated they have entered into an agreement; negotiations with the engineers on this project (Piedmont,
Olsen and Hensley) will go to the Board of Commissioners the second meeting in June with engineering
to begin in July with public input being solicited in the fall of this year; Fleming Street - new project with
a tie in to Atlanta Road because of the congestion of the Windy Hill/Ward Street area. He stated the
Fleming Street project is underway and they are working with the Board of Education to improve the
access of that entire area and to relieve congestion; and the final project mentioned - Atlanta Road at the
Chattahoochee River. He stated an agreement has been reached with the Georgia D.O.T., Fulton County
and the City of Atlanta to improve that bridge. He stated the Board of Commissioners was present at
the last meeting and approved a local project agreement that will bring about the widening of the Atlanta
Road bridge. He stated the construction is probably a couple of years away but an agreement on that
project has been reached.
Councilman Cramer thanked Commissioner Joe Lee Thompson for working with the City of Smyrna and
Mayor Bacon thanked Mr. Croy for being in attendance at the meeting tonight.
(B) Increase Building Permit Fees
Mr. Thomson stated the Community Development Committee recommends that the Mayor and Council
approve the attached fee schedule which basically makes the city compatible with Cobb County and
surrounding municipalities. He stated the fee schedule is consistent with the Southern Building Codes.
June 3, 1996 meeting - continued
Councilman Newcomb stated it has been seven years since the Mayor and Council have revised the
building permit fees. Councilman Newcomb made a motion the new fee schedule (copy attached) be
approved. Councilman Wood seconded the motion. Motion was approved 7-0.
(C) Ordinance Amendment - Section 82 - Sign Ordinance
Mr. Thomson stated this amendment would be an addition to the Sign Ordinance - Section 82-16, which
states that in addition to any other language, all commercial signs must be in English.
Councilman Newcomb stated when our public safety people respond to calls, sometimes the signage is
unclear as to what type establishment they are responding to. He stated this will be an amendment to the
sign ordinance of the City and reads as follows: In addition to any other language, all commercial signs
must be in English, which shall be the more visible and predominant language.
Mayor Bacon asked if a shopping center has a row of storefronts with signage on the windows, would
this requirement take care of those signs. Councilman Newcomb responded he understood the ordinance
means what it says - all commercial signs must be in English. Councilman Newcomb asked Chief
Building Official Scott Stokes if this ordinance amendment would be enforceable. Mr. Stokes responded
that is how he interprets it, but the ones in existence might be grandfathered. Mayor Bacon stated from
a public safety standpoint, he felt all signs should be changed. He then asked City Attorney Mr. Camp
if this proposed ordinance amendment would require all businesses to have their signs in English. Mr.
Camp responded he had not seen a copy of the amendment until tonight but after reviewing, stated it
would apply to all businesses. Mayor Bacon asked if this covers signage on a building, on a store front
building, and would this require them to be in English. Mr. Stokes stated it would cover signage that
is permitted. Mr. Camp stated he felt the amendment would apply to all signage, not just signs that are
permitted, and includes window signs. Mayor Bacon asked if the ordinance amendment was changed to
read ... in addition to any other language, any commercial signage rather than commercial signs, would
that take care of the problem of signage in the windows. Councilman Wood asked Councilman Newcomb
if the ordinance defines commercial signs versus any other kind. Mr. Stokes responded it did not.
Councilman Wood suggested the ordinance be amended to define the term "commercial signs."
Councilman Lnenicka asked if what the city is proposing is not to make it illegal for signage to be in a
foreign language but that the sign must also be in English, as well as items and prices to be posted in
English.
Councilman Newcomb asked Councilman Wood if the city redefines commercial signs in the ordinance,
would he be agreeable to this ordinance. He also asked if this becomes a problem, the definition could
be amended. Councilman Wood so agreed. Councilman Newcomb then made a motion the proposed
ordinance amendment with the change to include "signs and signage" be approved. Councilman Cramer
seconded the motion. Motion was approved 7-0.
(D) Ordinance Amendment - Sections 98-5 and 98-6 - Weight Limits of Vehicles
Councilman Newcomb made a motion this ordinance amendment be tabled until the June 17 meeting.
Councilman Wood seconded the motion. Motion to table the amendment was approved 7-0.
(E) Bid Opening - EAP Services for the City of Smyrna
Mayor Bacon asked if there were any bids in the audience. There were none. Mary Ann White reported
the EAP Services had not been bid for several years and five bids were mailed out with two responses.
Mayor Bacon asked if bids were mailed to Ridgeview or Brawners. Ms. White responded they had not
since they were looking at a more in -patient type service. This is more for a short-term program for the
employees. Ms. White reported they are trying to find a provider that will be able to assist the
employees with a minimal number of outpatient visits and most of the providers will recommend either
Brawners or Ridgeview if that type treatment is necessary.
The bids were opened and read as follows:
Cooper Psychological Services $27.87 per employee/per year
Families First $27.50 per employee/first year/per year
$28.88 per employee/second year/per year
$30.32 per employee/third year/per year
Councilman Cramer made a motion the bids be turned over to the Human Resources Committee for their
review and a recommendation to be brought back before Mayor and Council at the next meeting.
June 3 1996 meeting - continued
Councilman Wood seconded the motion. Motion was approved 7-0.
(F) Bid Opening - Spring Road Water Line
Mr. Thomson stated this is part of the utilities relocations that are necessary due to the Spring Road
widening project. Mayor Bacon asked if there were any bids in the audience. There were none.
The bids were opened and read as follows:
K. M. Davis Contracting Company $317,170
John H. Pruitt Construction Company $404,870
Wade Coots Company, Inc. $298,415
Tippens Contracting Company, Inc. $267,584
Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their
review with a recommendation brought back before Mayor and Council at the next meeting.
COMMERCIAL BUILDING PERMITS: There were none.
BID AWARDS: There were none.
CONSENT AGENDA:
(A) Approval of May 20, 1996, Minutes
(B) Approval of a Temporary "No Parking" Zone on South Cobb Drive and Benson Poole
Road (July 19 - August 4, 1996)
(C) Approval to Request Bids - Pool Facility Equipment
(D) Approval to Hold Special Called Meeting - June 10, 1996, at 7:00 p.m. (Council
Chambers)
(E) Authorize Mayor to Execute Contract with John Moeller
(F) Authorize Mayor to Sign Contract for FF&E - Municipal Services Building and Police/Jail
Facility
(G) Approval to Solicit Bids for Two Vans - Police Department
Councilman Cramer made a motion the consent agenda be approved. Councilman Lnenicka seconded
the motion. Motion was approved 7-0.
Councilman Lnenicka stated the Mayor and Council will hold a special called meeting on June 10, 1996,
at 7:00 p.m. Mr. Lnenicka stated he is very disappointed, as well as the rest of council, in that over the
last month the Police Department over the last month has conducted a sting operation involving a number
of businesses in the city. He further stated they had received reports of different businesses selling
alcohol to minors. He said out of 35 establishments (grocery stores, convenience stores, gas stations)
visited during the sting operation, 25 of those businesses sold to minors. He stated they were not trying
to single out any businesses and wanted to be fair and treat everybody the same and that means when that
many businesses are selling to minors coming up on the sting operation, the city needed to include as
many of those businesses as they could in that period of time. Mr. Lnenicka stated this was a very
disturbing trend and not at all acceptable to the city. Mr. Lnenicka stated Smyrna Cable TV has agreed
to televise the special called meeting and it will be on television. He further stated the cases will be heard
one by one and acted on accordingly.
COMMITTEE REPORTS:
Councilwoman Capilouto asked Patty Bacon for a report on the Parks Department.
Ms. Bacon stated the new Parks Chatter is out and listed all the activities available. Ms. Bacon reported
the next concert on the Village Green will feature the Don Miolla Orchestra on June 21. Ms. Bacon also
announced there will be a Golden Jonquil ice cream social to be held on June 10 at 2:00 p.m. at a cost
of $2 per senior.
Councilwoman Capilouto asked Mr. Seigler for a report on the Library. Mr. Seigler reported the
Summer Reading Club program begins next week and encouraged everyone to enroll their children; Art
and Soul is displaying angels in the main display case; the ELM II has an art display in the art gallery
June 3 1996 meeting - continued
with 49 oil paintings by Jay Atkinson, Wynona Halderman and Helene Stargate; the book discussion
group will meet Tuesday, 06-04, and the featured book is "A Simple Path" which is a murder mystery;
attendance for the month of May was 13,849 patrons; circulation was 11,799 items which is a 12%
increase over May of last year; 753 items were added to the collection and he then reminded everyone
they could register to vote at the Smyrna Library.
Councilwoman Capilouto announced there will be a Neighborhood Watch meeting on June 25, at 7:00
p.m. in the Community Center. The meeting will be for the residents of Carolyn Drive, Rolling View,
Barbara Lane and Brenda Lane.
Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms.
White announced there are summer jobs available in the departments of Public Works and Parks and
Recreation.
Councilman Newcomb asked Scott Stokes for a report on the Community Development Department. Mr.
Stokes reported there had been 1,204 singular inspections done in the month of May as well as listing
several other statistics for his department. Mr. Stokes reported on several construction projects that are
ongoing in the city and announced that according to his latest conversations with representatives of CVS
Pharmacies, they are not planning to build in Smyrna on the Atlanta Road/Ridge Road site. Mr. Stokes
also reported the hearings officer had recently held a hearing on the property on Hickory Mill Drive that
burned last year. Mr. Stokes reported the Chateaux De Ville Apartment complex is under housing order
to repair their complex and they have requested an extension of time. Mr. Stokes reported that work is
ongoing.
Councilman Scoggins asked Brenda Barrett for a report on the Public Works Department. Ms. Barrett
reported on statistics for all the divisions in the Public Works Department.
Councilman Scoggins asked Ann Kirk for a report on Smyrna Clean and Beautiful. Ms. Kirk reported
the city has saved $3,143 in tipping fees by recycling and there will be a two -week clean up program for
the residents of Smyrna that will run from June 17 - 29. Ms. Kirk also reported the National Kidney
Foundation has a program whereby they will pick up junked cars from the residents of Smyrna provided
the resident can prove they hold title to the car.
Councilman Hawkins asked Nancy Hancock for a report from the Cemetery Commission. Ms. Hancock
reported the cemetery association still has engraved bricks for sale at a cost of $50/each. She also
announced the Community Service workers will be assisting the cemetery commission with cleaning of
the monuments in the Smyrna Cemetery. Councilman Hawkins congratulated Ms. Hancock for the work
she and the commission have done at the cemetery and complimented the improvements in the cemetery.
Councilman Hawkins reported on the Court Services Division. He reported the Municipal Court
processed during the month of April 1230 cases; 905 traffic cases; 325 non -traffic cases and had collected
$150,000 in fines and $8,868 delinquent fines. He also reported there were 156 new warrants issued;
90 old cases cleared off the books and the distressing part is there are 1,922 warrants outstanding that
will eventually be served.
Councilman Cramer asked Chief Williams for a report on the Fire Department. Chief Williams reported
on the Emergency Management Division of the Fire Department. He stated that up until last year, the
city would have considered hurricane warnings a joke but after Hurricane Opal came through Georgia
last year we now take these warnings more seriously. He then listed several tips for surviving hurricanes,
tornadoes and severe thunderstorms.
Councilman Cramer stated that Cobb Center mall shopping center is going to be used as a Park and Ride
location during the olympics and therefore the no parking signs will be necessary on South Cobb Drive
and Benson Poole Road during the period of July 19 - August 4, 1996.
Councilman Lnenicka stated there was no report from the Police Department this evening. He reported
Chief Hook had traveled to New York due to the illness in his family. He stated Major Sims is present
tonight representing the Police Department but does not have a report. Mayor Bacon stated he was happy
to report that Major Sims was back to work after a recent illness.
Councilman Wood asked Kathie Barton for a report on Community Relations. Ms. Barton reported the
Marietta Daily Journal had written 18 stories about Smyrna in the months of April and May about various
things going on in Smyrna as well as running four photos of events that had taken place in Smyrna; Cobb
June 3 1996 meeting- continued
Extra did three stories about Smyrna; she expressed her appreciation to Smyrna Cable TV for allow us
to place brochures in their bills recently; an item "Smyrna Progress '96" will be in the water bills for
June elaborating on what is going on in Smyrna; Smyrna is going on the InterNet; the COPS program
recently finger printed children for Kinder Passports with the proceeds going to the Children's Miracle
Network; a new video is being prepared showcasing Smyrna; the Library is sponsoring a reading program
for young adults ages 14 to 20.
Councilman Wood stated the City's fiscal year ends on June 30 and at the next meeting, June 17, the
Mayor and Council will consider the budget proposal for FY97 - beginning July 1, 1996, and the millage
rate for 1996.
With no further
adjourned at 9:50 p.m.
A. MAX BACON, MAYOR
0-haiw-
CHARLENE CAPILOUTO, WARD 1
, W.
ACK CRAMER, WARD 5
CHARLES PETE WOOD, WARD 7
MELINDA DAMERON, CITY CLERK