03-03-1997 Regular MeetingThe 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 Reverend Steven Kimmel, Smyrna First Baptist Church, followed by the pledge to
the flag.
CTTIZF.NS INPUT-
Mayor Bacon recognized Curt Johnston and Garry Osborne, candidates for the vacant Post 2 Cobb County
School Board post. Both candidates urged the citizens to vote in the special election March 18, 1997.
Mayor Bacon recognized Cynthia Lynch representing Ridgeview Institute, 3930 South Cobb Drive. Ms.
Lynch announced a Family Learning Series which are free lectures held every Thursday night between 7:30
and 8:30 p.m. Ms. Lynch invited the public to attend these free lectures beginning March 6, 1997.
Mayor Bacon recognized Jim McConnell, Poolside Incorporated. Mr. McConnell stated he is representing
Aquatic Renovation Systems, Inc., in response to a bid request for the pool shell replacement item on the
agenda this evening. Mr. McConnell stated he felt his company is the responsive and low bidder for this bid
and claimed Natare Corporation, the apparent low bidder, was not the best choice to receive the bid award.
Mr. McConnell stated he felt Natare's bid specifications were used to bid this job and read a letter to the
Mayor and Council from Jason Mart, owner of Renosis had faxed to him. The letter stated the only reason
they bid the product the way they did, with the higher price first, was due to Lee Cook telling him Smyrna did
not have to go with the low bid and that they should bid things the best way they could possibly bid the work
as the base bid. He read the entire letter to the Mayor and Council. Mr. McConnell stated their bid would
not employ a strippable wall paste in the moist environment behind the pool liner. Mr. McConnell presented
a copy of the letter to the Mayor. Mr. McConnell stated he had previously had a working relationship with
Natare but no longer works with them. He further stated he had provided Lee Cook with the phone number
at Macon College as a reference which Mr. Cook did not check. Mr. McConnell stated he wanted the Parks
and Recreation Department to be aware of some of the concerns he had with Natare.
Mayor Bacon stated Councilman Scoggins will make a recommendation when this item comes up on the
agenda. Mr. ,McConnell stated his company had bid a job a couple of years ago for some mechanical
plumbing and he is just concerned that they sent him a bid in the mail and they were not offered a chance to
bid this job, which he said they would have bid, if they had known about it. He asked the Council to either
reconsider the aquatic renovation bid or to hold off making any decision until more time could be taken to
investigate. Mr. McConnell claimed his bid was the low bid based on the alternative bid he submitted. He
stated his first bid was higher due to a better method of adhering the pool liner.
Mr. Smith stated the city is not required to take the low bid, however, they are required to compare the bids
competitively. He further stated all companies submitting bids have excellent reputations. Mr. McConnell
stated he was not implying the reputations of the companies was not good, he stated he had some concerns with
the work of Natare and that was the reason he had given the number of Macon College, as a customer, to Mr.
Cook for him to contact regarding the work of Natare. Mr. Smith asked if the job were re -bid, what
specifications would Mr. McConnell recommend be used. Mr. McConnell responded a double glue system
should be used.
Mayor Bacon recognized Curt Johnston who announced the Campbell High School Educational Foundation
will be hosting a golf tournament to benefit academics at the high school. He stated the tournament will be
Wednesday, April 23, at the Golf Club in Radshaw Farm and encouraged anyone interested in participating
to contact the high school office.
PUBLIC HEARINGS:
(A) Alcoholic Beverage License - Agent Change Only - Retail Pouring - Liquor, Beer and Wine -
GMRI, Inc., c/b/a Red Lobster #392 - 2579 Cobb Parkway
Mayor Bacon stated this item was continued from the previous meeting. He further stated this a public hearing
and asked if anyone was present in opposition to the granting of this request. There were none. Mayor Bacon
asked the general manager and the applicant to come forward.
Councilwoman Capilouto stated during the last meeting the agent applicant, Ms. Trang, answered a number
of questions pertaining to the alcoholic beverage ordinance. Ms. Capilouto stated Ms. Trang is acting in a
management capacity for the Red Lobster and is aware the city conducts sting operations from time to time.
Ms. Capilouto stated the Police Department investigation revealed nothing that would preclude the issuance
of this license to Ms. Trang. Councilwoman Capilouto made a motion the alcoholic beverage license request
for retail pouring of liquor, beer and wine at the Red Lobster #392, 2579 Cobb Parkway, be approved with
Ms. Trang as the agent. Councilman Hawkins seconded the motion. Motion was approved 7-0.
(B) Rezoning Request - 2561 Davenport Street - From R-15, Single Family to R-12 Conditional,
Single Family
Mr. Smith stated this is a request for a rezoning from Cobb County Habitat for Humanity and further stated
the property is on the south side of the proposed Bates Street extension. He further stated the north side of
the proposed Bates Street extension was zoned R-12 in June of 1996. He stated Mr. Henry Brooks has
requested this rezoning in order to put four additional homes on the one acre tract for Habitat for Humanity.
Mayor Bacon asked the applicant, Mr. Henry Brooks, Habitat for Humanity, to come forward. Mayor Bacon
stated this is a public hearing and asked if anyone was present in opposition to this rezoning request. There
was none.
Councilman Scoggins asked Mr. Brooks to briefly describe what they are proposing to do on this property.
Mr. Brooks stated they have a real estate contract pending with Ophra Davenport contingent on the successful
rezoning of this property. He further stated if they are successful tonight, they will bulldoze the eyesore house
that is on the property and mass grade for the road and grade their lots at the same time. He stated what they
hope to do is place houses (Habitat homes) on both sides of the street which will be a good deal for the city
and for Habitat for Humanity.
Councilman Scoggins made a motion the rezoning request for 2561 Davenport Street (.94 acres) from R-15
single-family to R-12 Conditional, single family be approved. Councilman Wood seconded the motion.
Motion was approved 7-0.
(C) Transmittal Resolution of Comprehensive Plan
Mr. Smith stated this is the Comprehensive Plan that the city needs to submit to the Atlanta Regional
Commission and the Department of Community Affairs. He further stated Mr. John Moeller is present to
address this issue.
Mr. Moeller stated there are actually two issues involved; one is the public hearing on the comprehensive plan
and this is the second of two required hearings. The other is a resolution of transmittal which requires the
approval of the Mayor and Council and this will transmit ten copies of the plan to ARC for them to begin their
60-day review period required by the Department of Community Affairs. He stated the plan will be reviewed
by ARC as well as DCA and within 60 days the city will have their comments.
Mayor Bacon asked if there was any public comment regarding the city's comprehensive plan. There was
none.
Councilman Scoggins read the transmittal resolution (which is on file in the office of the City Clerk).
Councilman Scoggins made a motion the transmittal resolution be approved and the comprehensive plan be
transmitted to the ARC for review, comment and recommendation. Councilman Wood seconded the motion.
Motion was approved 7-0.
Mr. Smith stated copies of the final draft of the comprehensive plan are available for review in the office of
the city clerk. He further stated the plan has not been adopted, it has just been submitted to ARC for their
comments and review and will be adopted at a later date.
(D) Alcoholic Beverage License - Retail Beer and Wine Package - Quik Trip #768 - 2180 Windy
Hill Road
Mr. Smith stated Douglas Cussimanio has applied to be the agent for this establishment and has been a resident
of Cobb County for ten years and the Police Department investigation revealed nothing that would preclude
the issuance of this license request.
Mayor Bacon asked Mr. Cussimanio to come forward. Mayor Bacon further stated this is a public hearing
and asked if anyone was present in opposition to the granting of this request. There was none.
Councilman Scoggins asked Mr. Cussimanio if he held the license for other Quik Trips located in Smyrna.
March 3, 1997, meeting - continued
Mr. Cussimanio responded he holds two licenses - South Cobb Drive location and the Quik Trip on Spring
and Hargrove. Councilman Scoggins stated the location on Spring and Hargrove is a very attractive location
and that the city is proud to have their business in the city. Councilman Scoggins asked Mr. Cussimanio about
the training program of Quik Trip. Mr. Cussimanio stated they hire through a centralized hiring office and
their employees are also trained through a centralized office. He stated he personally trains the employees
selling alcohol and tobacco and that he follows up in the store to ensure compliance on those issues. He stated
they also have an in-house shopping program to ensure compliance on selling alcohol and tobacco. Mr.
Cussimanio stated he is responsible for supervising the training for fifty-four stores and is the agent for eight
locations, mostly in Cobb County.
Councilman Lnenicka stated he would like to thank Mr. Cussimanio for his assistance several years ago when
he worked with the city in the annexation of the Kingstown apartments (now Wexford Hills) and appreciates
the clean operation of the Quik Trip and the cooperation he provides to our law enforcement officers.
Councilman Scoggins made a motion the alcoholic beverage license request for retail beer and wine package
at Quik Trip #768 at 2180 Windy Hill Road with Douglas Cussimanio as the agent be approved. Councilman
Lnenicka seconded the motion. Motion was approved 7-0. Mayor Bacon asked when the store would be open
and Mr. Cussimanio responded probably the first week in April.
FORMAL BUSINESS:
(A) Bid Opening (97006) - Utility Pole Replacement and Ball Field Lighting System Upgrade
Mayor Bacon asked if there were any bids in the audience. There were none. Mr. Smith stated no bids had
been received on this project.
Councilman Scoggins made a motion that all bids for materials and labor for the field light pole and related
electrical work be rejected. Councilman Newcomb seconded the motion. Motion was approved 7-0.
(B) Approve Agreement with MBIS for Building Inspection Services
Mr. Smith stated due to the amount of construction in Smyrna and the need to inspect these quickly, the
Community Development Committee is recommending the building inspection services be contracted out to
assist in this effort. Mr. Smith stated the contract would be for a period of ninety (90) days and is a test period
with an option to renew it. He further stated the minimum weekly charge for inspection services is $500 and
the terms are specified in the contract. He also stated the residential inspections will be $20 per stop;
commercial inspections - $25 per stop; re -inspection is $25 per re -inspection; and the MBIS will also provide
assistance and training for our staff as the city seeks to fill this position. Mr. Smith stated references have
been checked on MBIS (Municipal Building Inspection Services, Inc.).
Councilman Scoggins made a motion the contract with Municipal Building Inspection Services, Inc., be
approved with a copy of the contract on file in the City Clerk's office. Councilman Cramer seconded the
motion. Motion was approved 7-0.
(C) Appointment to Smyrna Housing Authority - Ward 3
Councilman Scoggins stated this appointment is to replace Mr. Stan Sullivan, who has moved out of the city.
Mr. Scoggins made a motion that Robert Anderson, 2995 Lexington Trace, be appointed to serve this
unexpired term on the Smyrna Housing Authority. Councilman Wood seconded the motion. Motion was
approved 7-0.
COMMERCIAL'BUILDING T PERMITS:
(A) Crown Development - Tutor Time Day Care Center - 3620 South Cobb Drive
Councilman Hawkins stated this property was rezoned over a year ago and he has no problem with this
building permit. Mr. Hawkins stated he would like to include the following stipulations, that were a part of
the original rezoning, to be included with the building permit.
1. No lights taller than the building and be very unobtrusive.
2. For the abutting single-family residential dwellings, there will be 10 foot undisturbed buffer
and this buffer will be ten feet from the property line (on the commercial side).
3. There will be a six foot board fence erected 10 feet inside the property line on this property,
March 3, 1997, meeting - continued
along and abutting the property line of all single-family residential districts to that which is
adjacent. The side of the fence with the posts will either be toward the inside of this property
or it will be double sided.
4. There will be an accel/decel lane that will be constructed as necessary as required by the City
Engineer, after reviewing the plan.
Councilman Hawkins asked Mr. Smith to provide the builder with the above stipulations. Councilman
Hawkins made a motion the building permit for Crown Development for Tutor Time Day Care Center at 3620
South Cobb Drive be approved with the above listed stipulations. Councilman Lnenicka seconded the motion.
Mayor Bacon stated this is a 10,000 square foot building with an estimated construction cost of $600,000.
Motion was approved 7-0.
(B) Extension of Working Hours - 1217 Pinehurst Circle
Councilman Hawkins stated this is a request by Jeff Alford, 1217 Pinehurst Circle, to extend the working
hours. Mr. Hawkins asked if Mr. Alford was present; he was not. Mr. Hawkins stated it was his
understanding that Mr. Alford is constructing a driveway at the urging of the city to allow him to park his cars
on a concrete pad instead of on the grass. Mr. Hawkins stated he has heard from some of the residents on
Pinehurst Circle claiming they do not think Mr. Alford should be allowed to work as late as he has requested
nor should he be allowed to work on Sunday.
Councilman Hawkins made a motion that the working hours at 1217 Pinehurst Circle be extended to 7:00 p.m.
- Monday through Saturday with no permit for Sunday work. Councilman Scoggins seconded the motion.
Motion was approved 7-0.
Bill AWARDS:
(A) Bid #97003 - Asphalt Work - Jonquil Park Pool
Councilman Scoggins stated this is for the asphalt work at Jonquil Pool. Councilman Scoggins made a motion
the bid be awarded to Baldwin Paving, the low bidder meeting specifications, for a total cost of $25,959.
Councilman Cramer seconded the motion. Motion was approved 7-0.
(B) Bid #97004 - Tolleson Pool Deck Replacement
Councilman Scoggins stated this is for the renovation of the pool at Tolleson Park. Councilman Scoggins made
a motion the bid be awarded to Barnes Stamped Concrete, the low bidder meeting specifications, for a total
cost of $63,260. Councilman Wood seconded the motion. Motion was approved 7-0.
(C) Bid #97005 - Pool Shell Replacement at Tolleson Pool
Councilman Scoggins stated this is for the liner at Tolleson pool. Councilman Scoggins stated it is the
recommendation of the Parks and Recreation Committee, and involved staff personnel, that the bid be awarded
to Natare Corporation, the low bidder meeting specifications, for $56,260. Councilman Cramer seconded the
motion. Motion was approved 7-0.
(D) Bid #97001 - Finn T-30 Hydro Seeder (1) - Public Works Department
Councilman Hawkins made a motion the bid for the Finn T-30 Hydro Seeder for the Public Works Department
be awarded to the low bidder, Malcolm Enterprises for $9,846. Councilman Scoggins seconded the motion.
Motion was approved 7-0.
(E) Bid #97002 - Ferris HW 48 KA, Single Hydrostatic Drive Commercial Mowers (2) - Public
Works Department
Councilman Hawkins made a motion the bid for the two Ferris HW 48 KA, single hydrostatic drive
commercial mowers, for the Public Works Department be awarded to Georgia Turf and Tractor for
$6,234.50. Councilman Scoggins seconded the motion. Motion was approved 7-0.
CONSENT ACTENDA:
Councilman Scoggins made a motion to suspend the rules for the purpose of adding an item to the Consent
Agenda. Councilman Cramer seconded the motion. Motion was approved 7-0.
March 3, 1997, meptipa - continued
Councilman Scoggins stated he would like to add approval to re -bid the utility pole replacement and ball field
lighting system upgrade to the Consent Agenda as Item 7-F*. Councilman Newcomb seconded the motion.
Motion was approved 7-0.
(A) Approval of February 17, 1997, Minutes
(B) Approval to Request Bids for Installation of Mast Arm Poles on Ward Street
(C) Approval to Use Council Chambers - 6 - 9 p.m. on Tuesday, March 11, 1997, for Young
Democrats Meeting
(D) Budget Adjustment - Police Department - GCIC Clerk
(E) Approve Street Dedication - Village Walk
(F)* Approval to Request Bids for Utility Pole Replacement and Ball Field Lighting System
Upgrade (as indicated above)
Councilman Scoggins made a motion the consent agenda be approved. Councilman Wood seconded the
motion. Motion was approved 7-0.
There were none
Mayor Bacon recognized Mr. and Mrs. Capilouto who have remained for the entire meeting. He encouraged
them to attend future meetings.
Councilwoman Capilouto alerted everyone we are approaching the tornado season and for everyone to be
aware of that. Councilwoman Capilouto asked residents of Ward 1 to use extreme caution when driving on
Spring Road.
Councilman Newcomb had nothing to report
Councilman Scoggins had nothing to report.
Councilman Hawkins read a letter from a resident complimenting Donna Cox and the Public Works for their
courteous assistance when they experienced clogged sewer lines.
Councilman Cramer reported on the Miss Jonquil 1997 beauty pageants that were held at the Galleria Centre
this past weekend. He announced the winner of the Miss Jonquil 1997 crown is Zanice Lyles of Avondale
Estates; the winner of Mrs. Jonquil was Lisa Johnson of Morrow. Mr. Cramer stated the City of Smyrna was
featured in the National League of Cities World report for our topping off ceremony of the new public safety
facility. He stated the article was submitted by our new Community Relations Director Maryclaire Andres.
He further stated the new John Wieland development on the Creatwood Farms property was featured in the
February 28 issue of the Atlanta paper for their use of the old Guernsey Jug building as part of their amenities
package. Mr. Cramer stated the new residential development around the library was featured in the Cobb
Extra.
Councilman Lnenicka stated the Finance Department is working with the department heads on the budget
process for the FY98 budget.
,Councilman Lnenicka stated the drop box for after-hours payments is located on south side of the building as
you exit the drive thru window lane. He stated he had received several questions about the location of the drop
box.
Councilman Wood reported the Library circulation for the month of February was 12,062 items and 17,119
people visited the library; 177 persons used the Internet; displays for the month are Mary Daudelin, who is
displaying her portrait work in the art gallery; Mrs. B. Bopman Schmidt is displaying handwoven basketry in
the main display case upstairs.
City Administrator Howard Smith commended Ann Kirk, Smyrna Clean and Beautiful Coordinator, and stated
our program was voted best in the State in the category for Smyrna's population group. Mr. Smith stated a
lot of the citizens were recognized at the Smyrna Clean and Beautiful Banquet last week for their involvement
with our community. He further stated the city will receive a state award next week.
City Administrator Howard Smith commended Larry Dunn and the Public Works Department for the city's
trash pickup program being voted the best in the State in all -sizes category. Mr. Smith stated the Jonquil
Festival plans are being finalized and Maryclaire Andres will be addressing this at future council meetings.
fill the Post 2 School
vacancy on March
97
Mayor Bacon reminded everyone of the election
tozed both candidates foBthi sposition sand thanked for
and urged everyone to vote. Mayor Bacon recognized
remaining for the entire meeting.
Mayor Bacon recognized Hoyt Worley, who was present for the meeting.
With no further business, the meeting adjourned at 8:25 p.m.
. Jr
A. MAX BACON, MAYOR MELINDA DAM ON, CITY CLERK
"ENIIEICAPIL
O, WARD 1
3
JACK CRAMER, WARD 5
CHARLES PETE WOOD, WARD 7
RON NEWCOMB, WARD 2