12-16-1996 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, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Director Scott
Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve
Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Personnel Technician Chris Corey, City Engineer Ken
Hildebrandt, Chief Building Official Robin Broyles and representatives of the press.
Invocation was given by Reverend Jimmy Cargle, pastor of Locust Grove Baptist Church, followed by the
pledge to the flag.
Mayor Bacon recognized Commissioner Joe Lee Thompson. Commissioner Thompson stated he was looking
forward his next term of office as the commissioner representing Smyrna. He then stated he would like to be
sworn in for his second'term of office at the Smyrna City Council meeting on January 6, 1997.
Mayor Bacon then recognized a group of Campbell High School students from the one -act cast and crew. The
group participated in a competition at Pebblebrook High School recently. Mayor Bacon presented each of the
students a City of Smyrna lapel pin. The students recognized were Adam G'Segner, Lisa Hulsey, Brian
McElhaney, Lauren Brady, Neil Garvin, Dana Landry, Shrudi DeSai, Gabriella Elais, Joey O'Bryant, John
Louis Liverato and Smrudi DeSai.
Mayor Bacon recognized Frank Bradford.
Mayor Bacon recognized Curt Johnston and Gary Osborne, both candidates for the Post 2 School Board
vacancy created by the resignation of Anne Brady. Both candidates asked for the support of the citizens. The
election will be March 8, 1997.
Mayor Bacon recognized Sue Brissey who complained about the use of a vacated Hardee's parking lot on
Spring Road at Hargrove for the selling of furniture. She urged the council to take measures to see that sales
of this type do not take place at vacated business locations.
Mayor Bacon recognized Grady Chafin, Wayland Court, who complained about dogs running loose in his
neighborhood and asked for the help of the city in eliminating the dogs from his neighborhood. Chief Hook
stated each time he had received a complaint from Mr. Chafin he had dispatched the animal control officer
to the site. He further stated the animal control officer cited the dog owners to court, however, the court date
is in 1997.
Mayor Bacon recognized Diane Moskowitz, 1722 Napa Valley Court, who complained about the hours Waste
Management is picking up dumpsters near her residential property. Mayor Bacon suggested the city propose
an ordinance that would set the hours of dumpster collection that would enable the city to enforce the pick-up
collection times. Mayor Bacon stated the language in the contract with Waste Management specifies the hours
they can empty the dumpsters. Mr. Wood suggested the city should get in touch with Waste Management and
notify them they are in breach of contract as far as collection time is concerned and put them on notice.
Mayor Bacon stated the City of Smyrna will get back in touch with the Waste Management people and discuss
this issue with them. Councilman Newcomb stated perhaps the City Administrator could check to see if this
is a violation of the noise ordinance. Ms. Moskowitz also complained about barking dogs in her neighborhood
and asked if there is any remedy to this problem. Chief Hook asked Ms. Moskowitz to call the next time the
dogs were creating a disturbance.
(A) Variance Request - City of Smyrna d Radio Tower - To reduce the Setback Distance for a
Radio Transmission Tower from 500 feet to 15 feet
Mr. Smith stated this is to accommodate the communications system that is a part of the new public safety
building. Chief Hook reported with the new police facility and the removal of the old police facility, followed
shortly thereafter by the fire station, the towers have to be replaced. He further stated the radio towers above
the police and fire stations currently serve more than the police and fire departments --they also serve the public
works radio system, the regular State band radio system that allows the City of Smyrna to talk with the
Georgia Highway Patrol, the old frequency that was in effect before the 800 megahertz system was
implemented, and the Georgia Emergency Management frequency. He stated the new tower has to be built
and the old towers can not remain because the buildings are coming down. He stated the best location for the
new tower is in the area designated in this variance request at 2646 Atlanta Road. Mr. Smith stated this is at
the highest point on the site that the new public safety/jail facility will be located and will be adjacent to the
building in which the communications equipment will be housed.
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 Scoggins asked Chief Hook if he felt this is the best possible location for this tower and Chief
Hook responded it was due to the close proximity to the building and the preservation of parking spaces for
the new building and the community center. Councilman Scoggins stated he did not want to run rampant over
the people in that area and according to the schematic, the best location is 15 feet from the rental property next
door. Chief Hook responded that was correct. Councilman Scoggins made a motion that the variance request
to reduce the setback at 2646 Atlanta Road from 500 feet to 15 feet be approved. Councilman Cramer
seconded the motion. Motion was approved 7-0.
(B) Alcoholic Beverage License Request - Agent Change Only - Olympic Mart - 5055 Oakdale
Road - Retail Package Beer and Wine
Mr. Smith stated Ms. Sohila Asgari has applied to be the agent for this establishment and this is for an agent
change only. The request is for the Olympic Mart at 5055 Oakdale Road. He further stated Ms. Asgari is
currently living in Cobb County, is an American citizen and the police department investigation revealed
nothing that would preclude the issuance of this license to Ms. Asgari. Mayor Bacon stated this is a public
hearing and asked if anyone was present in opposition to the granting of this alcoholic beverage license agent
change request. There was none.
Mayor Bacon asked Ms. Asgari to come forward. Councilman Wood asked Ms. Asgari if she has been an
agent before and she replied she had not. He then asked if she is actively employed at this location and she
responded yes. Mr. Wood asked Ms. Asgari if she was familiar with the Alcoholic Beverage License
Ordinance and the requirements. Ms. Asgari responded she is. Mr. Wood cautioned Ms. Asgari that sting
operations are conducted and asked if there is some type training program for the employees of Olympic Mart
and she responded yes.
Councilman Wood made a motion the Alcoholic Beverage License request for an agent change for the Olympic
Mart at 5055 Oakdale Road for retail sales of package beer and wine with Ms. Sohila Asgari as the agent be
approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0.
(C) Alcoholic Beverage License Request - Agent Change Only - Apple Restaurants, DB/A. T.
J. Applebee's - 2728 Spring Road - Retail Pouring - Beer, Wine and Liquor
Mr. Smith stated Mr. Joseph Earle Fike has applied to be the agent for T. J. Applebee's Neighborhood Grill
and Bar located at 2728 Spring Road. Mr. Smith stated Mr. Fike is a Cobb County resident and is an
American citizen and the police department revealed nothing that would preclude the issuance of this agent
change request except the fact that Mrs. Fike's fingerprints have not been obtained thus preventing a
background check on her.
Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of
this agent change request. There was none.
Councilwoman Capilouto asked Mr. Fike if he has ever held a license before as an agent and he responded
he has not. Ms. Capilouto cautioned Mr. Fike that the City of Smyrna does conduct sting operations and
asked how the employees are trained. Mr. Fike explained several times a week, they meet with the various
shifts and talk about the requirements to card everyone who does not look to be under thirty years of age. Ms.
Capilouto asked if he had read the information provided to him by the business license department and he
responded he has. Councilwoman Capilouto stated this is for an agent change only and Applebee's has been
a licensed location for quite some time. Councilwoman Capilouto further stated there is nothing in the police
department that would preclude the issuance of this agent change request. Councilwoman Capilouto made a
motion that the agent change request for T. J. Applebee's at 2728 Spring Road for retail pouring of beer, wine
and liquor with Mr. Joseph Earle Fike as the agent be approved with the stipulation that the City of Smyrna
make arrangements to fingerprint Mrs. Fike. Councilman Cramer seconded the motion. Motion was
approved 7-0.
(A) Appointments to Planning and Zoning Board - Wards 1, 4 and 7
Councilwoman Capilouto made a motion that Lana Ward be re -appointed as the Ward 1 representative to the
Planning and Zoning Board. Councilman Newcomb seconded the motion. Motion was approved 7-0.
Councilman Hawkins made a motion that Ottis Cheatham be re -appointed as the Ward 4 representative on the
Planning and Zoning Board. Councilman Cramer seconded the motion. Motion was approved 7-0.
Councilman Wood made a motion that Bud Garvin be re -appointed as the Ward 7 representative on the
Planning and Zoning Board. Councilman Hawkins seconded the motion. Motion was approved 7-0.
(B) Bid Opening (#96032) - Crown Victoria Police Car
Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read
as follows:
Wade Ford
$19,954.50
Tidwell Ford
$19,609.00
Southlake Ford
$19,625.00
Councilman Lnenicka made a motion the bids be turned over to the Police Committee for their review with
a recommendation brought back before council at the next meeting. Councilman Wood seconded the motion.
Motion was approved 7-0.
(C) Bid Opening (#96033) - Primary and Alternate Landscaping Services for City of Smyrna
Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read
as follows:
Post Landscape
$48,707.00
$68,801.00
Life Scapes
$47,683.00
$58,111.00
Williamson
$67,044.90
$69,410.40
Ruppert
$54,096.00
$55,620.00
Georgia Lawn
$53,820.00
$58,362.00
SME
$58,345.00
$67,245.00
Environmental Care
$51,554.00
$53,954.00
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 next meeting. Councilman Cramer
seconded the motion. Motion was approved 7-0.
(D) Ordinance Amendment - Spring Road Urban Design District
Mr. Smith stated there are several modifications to the Spring Road Urban Design District. Mayor Bacon
stated this should actually be under the Public Hearings portion of the meeting and asked Councilman
Newcomb to address the issue. Mayor Bacon asked if there was anyone present who would like to comment
on the proposed amendment. There was none. Councilman Newcomb stated the proposed ordinance
amendment was designed to enhance the Spring Road corridor. Councilman Newcomb stated the changes to
the ordinance were minimal and the changes do not apply to the Atlanta Road Urban Design District
Guidelines. Councilman Newcomb made a motion that the amended version of the Urban Design District -
Spring Road - Guidelines be adopted. Councilman Hawkins seconded the motion. Motion was approved 7-0.
(E) Ordinance Amendment - Sign Ordinance
Mayor Bacon asked Councilman Newcomb to address this issue. Mayor Bacon stated public comment would
be allowed after the discussion on this proposed ordinance amendment.
Councilman Newcomb stated the first reading of this proposed amendment was November 4, 1996, and the
second reading was November 18, 1996. He further stated the Work Session on November 25, 1996, this
proposed ordinance was discussed at length and it has been reviewed by legal counsel. Mr. Newcomb stated
this proposed amendment clarifies and strengthens the existing sign ordinance and includes a few additions.
Mr. Newcomb stated it does grandfather current signage as long as it remains unchanged. He further stated
it sets a sign limit on free-standing signs making them proportional to the size of the lot; provides for
circumstances where two signs might be allowed on a large lot such as a shopping development with multiple
frontages; limits the size of wall signs.
Councilman Newcomb made a motion the proposed sign ordinance be adopted. Councilman Cramer seconded
the motion. Motion was approved 7-0.
(F) Appointments to Smyrna Clean and Beautiful Commission - Wards 4 and 7
Councilman Hawkins made a motion Lillian McCall be re -appointed to serve as the Ward 4 representative on
the Smyrna Clean and Beautiful Commission. Councilman Cramer seconded the motion. Motion was
approved 7-0.
Councilman Wood made a motion that Sue Brissey be re -appointed to serve as the Ward 7 representative on
the Smyrna Clean and Beautiful Commission. Councilman Cramer seconded the motion. Motion was
approved 7-0.
(A) Metro Emissions Station - 2750 Cobb Parkway (Service Merchandise Parking Lot)
Councilwoman Capilouto recognized John Brooks who was present representing the applicant, Kris Johnson.
Ms. Capilouto asked Mr. Brooks when they planned to set up their temporary emissions station and he replied
it would be after the Christmas holidays. Ms. Capilouto asked how long they planned to be in business at this
location and he responded four months. Councilwoman Capilouto made a motion that the temporary building
permit for Metro Emissions Station at 2750 Cobb Parkway be approved. Councilman Hawkins seconded the
motion. Motion was approved 7-0.
(B) Rogers Construction Company - 3000 Highlands Parkway (Sun Suites Highlands Motel)
Councilman Wood stated Rogers Construction has requested a building permit to construct a 44,778 square
foot, 125 unit motel with an estimated construction cost of $1,950,000. Councilman Wood made a motion the
building permit for Rogers Construction Company at 3000 Highlands Parkway be approved. Councilman
Cramer seconded the motion. Motion was approved 7-0.
BID AWARDS:
(A) Bid #96029 - 1997 Mini Cargo Van - Finance Department
Councilman Wood stated the Finance and Administration Committee reviewed the six bids received for the
mini cargo van. Councilman Wood made a motion the bid be awarded to Wade Ford, the low bidder, for the
purchase of a 1997 mini cargo van at a total cost of $15,916.70. Councilman Scoggins seconded the motion.
Motion was approved 7-0.
(B) Bid #96030 - Filter Covers and Grids (Tolleson Pool) (CC)
Councilwoman Capilouto stated four bids were received and reviewed. Councilwoman Capilouto made a
motion the bid be awarded to Mer-Made Company for a total cost of $11,450.00. Ms. Capilouto stated Mer-
Made Company is not the low bidder but is the only company that met specifications. Mr. Ciaccio stated the
other companies stated they could not provide the outer cover the city was requiring. He further stated that
is the element that kept breaking down on the former equipment and are of a lighter gage and do not hold up.
Councilman Cramer seconded the motion. Motion was approved 7-0.
(C) Bid 96031 - Concrete Saw - Public Works Department
Councilman Scoggins stated there was an error in the bid packages when they were mailed and made a motion
that all bids be rejected and refer this issue back to the Public Works Committee. Councilman Cramer
seconded the motion. Motion was approved 7-0.
(D) Approve Contract for Jonquil Festival with Special Events Coordinator
Mr. Smith stated the contract with the current provider, DSR Productions, has expired. Mr. Smith further
stated proposals had been solicited and only one was received. Mr. Smith stated J.R.M. Management Services
has submitted their proposal and it is his recommendation to accept this proposal for a two-year contract.
Councilwoman Capilouto made a motion the contract for J.R.M. Management Services, Inc., for the spring
and fall Jonquil festivals be accepted and approved. Councilman Cramer seconded the motion. Motion was
approved 7-0.
CONSENT AGrF.NDA-
(A) Approval of December 2, 1996, Minutes
(B) Approval to Advertise for Abandonment of Unused Easement - Foster Street
(C) Approval to Advertise for Abandonment of Unused Easement - Perpendicular to Hunter
Street
Councilman Scoggins made a motion the Consent agenda be approved. Councilman Cramer seconded the
motion. Motion was approved 7-0.
COMMITTEE REPORTS -
Mayor Bacon wished everyone a Merry Christmas and a Happy New Year.
Councilwoman Capilouto asked Michael Seigler for a report on the Library. Mr. Seigler thanked the
volunteers and staff for decorating the library for the Christmas tree lighting ceremony and for serving
refreshments.
Councilwoman Capilouto asked Steve Ciaccio for a report on the Community Center. Mr. Ciaccio reported
the community center will be closing at noon on December 24 and will re -open on the morning of January 2,
1997, to take care of the building. He also stated the Church Street aquatic center will be closed December
24, 25, 26, 30, 31 and January 1 and will be open on a more limited basis the other days during the holidays.
Councilwoman Capilouto wished everyone a healthy and happy holiday season.
Councilman Newcomb asked Robin Broyles for a report on the Community Development Department. Mr.
Broyles reported the position of building inspector is still open and that search has been re -opened.
Councilman Newcomb asked Chris Corey for a report on the Human Resources Department. Mr. Corey
reported the City of Smyrna is recruiting applicants for a Utilities Services Division meter technician; building
inspector and a Laborer II.
Councilman Newcomb stated Mary Ann White is out due to a serious family illness and that the thoughts and
prayers of all the city are with them tonight.
Councilman Newcomb reported the Spring Road widening project has been slowed down a little due to wet
weather but is progressing.
Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms. Kirk
reported that 66% of the city's citizens participated in recycling for the month of November. Ms. Kirk stated
the recycling schedule for the holidays will be moved ahead one day. Ms. Kirk encouraged everyone to take
their Christmas trees to Home Depot for chipping January 4, 1997, from 9:00 a.m. to 4:00 p.m.
Councilman Scoggins asked Scott Stokes for a report on the Public Works Department. Mr. Stokes reported
a speed breaker has been installed on LaVista and Stephens Street. He further stated the sidewalk project is
continuing on South Cobb Drive; leaf pick up is on -going and free mulch is available to the citizens.
Councilman Scoggins wished everyone a Merry Christmas and a Happy New Year.
Councilman Hawkins stated there is no report from the Court Services Department this evening. Mr. Hawkins
reported that there was a meeting recently in reference to the widening of Fleming Street. He further stated
some of the citizens asked that Commissioner Thompson meet with them to discuss this project and he has
contacted Mr. Thompson about the meeting. Mr. Hawkins stated Mr. Thompson saw no need to meet with
the community as a group but would be happy to talk with them individually if they would call his office. He
stated Mr. Thompson stated the project would be completed.
Mr. Hawkins stated the installation of speed breakers on Stephens Street were the result of petitions submitted
by the residents in that area.
Mr. Hawkins wished everyone a Merry Christmas and a Happy New Year.
Councilman Cramer asked Chief Williams for a report on the Fire Department. Chief Williams encouraged
everyone to go out and purchase batteries and necessary items due to the inclement weather forecasted for this
week and also encouraged everyone to check their Christmas decorations for faulty wiring and any other
possible fire hazard conditions. He also reminded the citizens to check the smoke detectors. Chief Williams
then introduced Tony Bailey, who is the advisor for the Explorer's Program. Mr. Bailey introduced the
captains of the Explorer's Post - Randy Newsom and Russell Brown.
Councilman Cramer wished everyone a Merry Christmas and a Happy New Year.
Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook reported on some
notable arrests made last month.
Councilman Lnenicka reported he had just learned that the property on Campbell Road, across from Aunt
Fanny's Cabin, has requested rezoning from Cobb County. He stated the hearing on that rezoning request will
be heard by the Cobb County Planning and Zoning Board on February 4, 1997, and the Cobb County
Commission on February 18, 1997.
Councilman Lnenicka wished everyone a Merry Christmas and a Happy New Year.
Councilman Wood stated there is no report from the Finance Department this evening. Mr. Wood wished
everyone a Merry Christmas and a Happy New Year.
Mr. Smith, Mr. Camp and Ms. Dameron also wished everyone a happy holiday season.
Mayor Bacon recognized Gary Osborne and Curt Johnston, political candidates for the Post 2 School Board,
for having remained for the entire meeting.
With no further business, the meeting adjourned at 9:31 p.m.
A. MAX BACON, MAYOR
CHARLENE CAPILOU O, WARD 1
CHARLES PETE WOOD, WARD 7
MELINDA
, CITY CLERK
RON NEWCOMB,WARD
/ 0EWK
WARD