04-03-2000 Regular MeetingApril 3, 2000
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 Clerk Candis Joiner, City Attorney
Al Cochran; Human Resources Director Chris Corey and representatives of the press. City
Administrator Howard Smith was absent.
Invocation was given by Reverend Johnny Laster of Ponders Baptist Church, followed by the
pledge to the flag.
CITIZENS INPUT:
Mayor Bacon introduced Mrs. Evelyn Duncan and Ms. Lillian Tallman of the Smyrna
American Legion Post 160 Ladies Auxiliary who presented the Veterans' Memorial Association
with a donation. Veterans' Memorial Association President Bill Lnenicka thanked the Ladies
Auxiliary for their hard work and generosity.
Mayor Bacon recognized Mr. Richard Pecha who thanked Councilman Scoggins and
Councilman Hawkins for their assistance in the past and asked for additional assistance with the
kudzu on City property abutting his private property.
PUBLIC HEARINGS:
(A) Variance Request-1916 Newhaven Court —Reduce Side Yard Setback from 5 feet to 4
feet.
Mr. Corey stated that even though the applicant plans to build a smaller house on this property,
a one -foot reduction on the side yard setback is necessary. Mayor Bacon stated that this was a
public hearing and asked if there was any opposition. There was none.
Councilman Lnenicka introduced Mr. Shook and asked him to explain the need for a variance
on the side yard setback and Mr. Shook stated that the surveyor did not allow for the brick in
his plans and the house could be built if the side yard setback is reduced by 1 foot. Councilman
Lnenicka stated that there was no opposition to the variance request. Mr. Shook stated that five
of the nineteen homes have already been sold. Councilman Lnenicka stated that four of the five
homeowners have moved into their new homes and that the price range of the homes are in the
high three hundred thousands. Councilman Lnenicka made a motion to approve the variance
request for 1916 Newhaven Court to reduce the side yard setback from five feet to four feet
with the stipulation that the house on Lot 10 be shifted away from the house on Lot 11 in order
to maintain a minimum of 15 feet between the homes. Councilman Hawkins seconded the
motion. Motion was approved 7-0.
(B) Rezoning Request-620 Church Street-3.63 Acres from R-15 to RTD Conditional.
Councilman Cramer stated that the City had received a letter from the applicant asking for the
rezoning request and land use change request be withdrawn. Councilman Cramer made a
motion to withdraw the rezoning request for 620 Church Street for 3.63 acres from R-15 to
RTD Conditional and Councilman Wood seconded the motion. Motion was approved 7-0.
(C) Land Use Change Request-620 Church Street —Community Activity Center to High
Density Residential.
Councilman Cramer made a motion to withdraw the land use change request for 620 Church
Street from community activity center to high density residential and Councilman Wood
seconded the motion. Motion was approved 7-0.
(D) Alcoholic Beverage License Request—Farida, Inc., D/B/A Cobb Center Amoco -2711
A Cobb Drive —Retail Package Beer and Wine.
Councilman Cramer stated that the City had received a letter from the applicant asking for the
alcoholic beverage license request be withdrawn. Councilman Cramer made a motion to
withdraw the alcoholic beverage license request for Farida, Inc., d/b/a Cobb Center Amoco at
April 3, 2000
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2711 South Cobb Drive. Councilman Lnenicka seconded the motion. Motion was approved 7-
0.
FORMAL BUSINESS:
(A) Annexation Request-4.2 Acres —Land Lot 335, 17"' District, 2nd Section, Cobb
County, Georgia —North Cooper Lake Road.
Mr. Corey stated that the petition for annexation of 4.2 acres of land lot 335 on North Cooper
Lake Road was validated on March 6, 2000, but a letter had been received from Mr. Garvis
Sams requesting that the annexation request be withdrawn.
Councilman Wood stated that several neighbors of this property have had concerns regarding
the rezoning requests and made a motion to approve the withdrawal of the annexation request
for the 4.2 acres of land lot 335. Councilman Cramer seconded the motion. Motion was
approved 7-0.
(B) Annexation Request-4.20123 Acres —Land Lots 558, 595 and 596—Parcels A & B,
17' District, 2' Section, Cobb County, Georgia —Collier and Atlanta Roads.
Mr. Corey stated that the petition for annexation was validated on March 6, 2000 and if
approved annexation would be effective May 1, 2000.
Councilman Hawkins stated that this property will become a part of Ward 4 and he is very
proud to make a motion to approve the annexation request for 4.20123 acres of land lots 558,
595 and 596 on Collier and Atlanta Roads. Councilman Hawkins stated that he has received a
letter from City Engineer Ken Hildebrandt stating that an acceleration lane is no longer
required on new developments by the Georgia D.O.T. so therefore the City will no longer
require the lanes. Councilman Hawkins stated that Mr. Hildebrandt did not believe an
acceleration lane at Atlanta and Collier Roads would be justified due to the cost of purchasing
the land from the Presbyterian Church. Councilman Hawkins stated that according to Mr.
Hildebrandt the only benefit to installing a right turn lane would be to get southbound traffic out
of the thru lane in order to avoid a rear end collision when attempting to turn onto Collier
Road, and that the Smyrna Police Department records indicate that there have been no rear end
collisions at this intersection in the past two years. Councilman Scoggins seconded the motion.
Motion was approved 7-0.
(C) Authorize Mayor to Execute Agreement and any Document Incident Thereto —City of
Smyrna, Cobb County and Welker and Associates for the Creation of a Geographic
Information System.
Mr. Corey stated that Cobb County has contracted with Kucera International to map the entire
county and that the City of Smyrna will share the estimated costs of the information system.
Councilman Scoggins made a motion to authorize the Mayor to execute an agreement with
Cobb County and Welker and Associates for the creation of a geographic information system
and Councilman Newcomb seconded the motion. Motion was approved 7-0.
(D) Authorize Mayor to Sign Agreement with Cobb County-800 MHZ Radio System.
Mr. Corey stated that the City of Smyrna entered into an 800 MHZ Radio System License
agreement with Cobb County several years ago and that it was recently discovered that the City
never formally executed the agreement.
Councilman Hawkins stated that prior to 1997 the police and fire departments utilized a City
stand-alone radio system and that this 800 MHZ radio system allows City police and fire
personnel to communicate directly with Cobb County personnel. Councilman Hawkins stated
that the fees charged to each city is for maintenance, upkeep and usage. Councilman Hawkins
made a motion to authorize the Mayor to sign the 800 MHZ Radio System License agreement
with Cobb County and Councilman Cramer seconded the motion. Councilman Lnenicka stated
that he was opposed to the 800 MHZ Radio System Agreement between the City of Smyrna and
Cobb County due to the double taxation of City residents. Councilman Hawkins stated that the
agreement with Cobb County would save City residents tax dollars because a new radio system
April 3, 2000
will not be needed. Mayor Bacon stated that the agreement should reduce the annual cost of
public safety communication. Motion was approved 6-1. Councilman Lnenicka was opposed.
COMMERCIAL BUILDING PERMITS:
There was none.
BID AWARDS:
(A) Bid Award —Replacement Carpet for the Community Center.
Councilman Wood stated bids were sent to nine contractors with two contractors responding.
Councilman Wood made a motion that the bid for the replacement carpet for the community
center be awarded to Michael Smith Floor Covering, the low bidder meeting specifications, for
a total cost of $11,267.00. Councilman Cramer seconded the motion. Motion was approved 7-
0.
(B) Bid Award —Replacement Fencing for Tolleson Park.
Councilman Wood stated bids were sent to nine contractors with four contractors responding.
Councilman Wood made a motion that the bid for the replacement fencing for Tolleson Park be
awarded to Groover Fence, the low bidder meeting specifications, for a total cost of
$11,550.00. Councilman Cramer seconded the motion. Motion was approved 7-0.
(C) Bid Award —Property and Casualty Insurance.
Mr. Corey stated that five sealed bids and two alternative bids were received and that the
apparent low bidder was GIRMA/Willis. The bid is for coverage comparable with the current
City policy. Mr. Corey stated that the City had contracted Mr. Joe Byrd as an Insurance
Consultant to write bid specifications and review the bids.
Councilman Hawkins introduced Mr. Byrd who recommended that the GIRMA/ Willis bid be
accepted by the City of Smyrna. Mr. Byrd stated that he has forty-one years experience in the
insurance industry and has been doing consultant work for local governments since 1985. Mr.
Byrd stated that he has no affiliation with any insurance company. Councilman Hawkins asked
Mr. Byrd to describe the savings that will benefit the City by changing insurance carriers and
Mr. Byrd stated that he believes the savings to be $90,000.
Councilman Hawkins stated that bids were sent to nine contractors with four contractors
responding. Councilman Hawkins made a motion that the bid for the property and casualty
insurance be awarded to GIRMA/Willis for a two year policy, the low bidder meeting
specifications, for a total cost of $207,194.00. Councilman Wood stated that the if the City
kept the same carrier, the City would save $14,397.00 and that by changing insurance
providers the City will incur a cancellation fee by their current carrier. Councilman Wood
stated that he may have a different view if he had had more time to study the policy. Mr.
Millet stated that GMA would allow the City Attorney or a GMA Attorney to represent the
City. Mr. Cochran stated that there could be a conflict of interest if a GMA Attorney
represented the City. Councilman Cramer seconded the motion. Motion was approved 6-1.
Councilman Wood was opposed.
(D) Bid Award —Award Bid Number 2007-007—Air Pak Breathing Apparatus.
Councilman Lnenicka stated that four vendors responded to the City's request for bids for the
required replacement of an Air Pak Breathing Apparatus for the Smyrna Fire Department.
Councilman Lnenicka made a motion that the bid for the Air Pak Breathing Apparatus be
awarded to American Safety and Fire House, the low bidder meeting specifications, for a total
cost of $33,490.00. Councilman Cramer seconded the motion. Motion was approved 7-0.
CONSENT AGENDA:
(A) Approval of March 20, 2000 Minutes.
(B) Approval to Purchase 135 Microsoft Office Licenses.
(C) Approval to Close Pat Mell Road near Atlanta Road from April 10, 2000 to May 1,
2000.
(D) Approval to use Contingency Account Funds to Purchase Trees for Chuck Camp Park.
April 3, 2000 4
(E) Approval to Purchase Replacement Vehicle —Housing Inspector.
Councilman Lnenicka made a motion that the Consent Agenda be approved. Councilman
Wood seconded the motion. Motion was approved 7-0.
COMMITTEE REPORTS:
Councilman Hawkins stated that Cobb County is under a water ban and that there is no outside
watering between 4:00 p.m. and 10:00 p.m., seven days a week.
Councilman Hawkins expressed his sorrow over the loss of Mr. Larry Brissey.
Councilman Cramer reminded everyone that Pat Mell Road will be closed from April 10, 2000
to May 1, 2000.
Councilman Cramer thanked the American Legion Ladies' Auxiliary for their $500.00 donation
to the Veterans Memorial Association and encouraged everyone to support the Veterans
Memorial Park.
Councilman Lnenicka stated Mr. Brissey set an example for everyone by his positive attitude
and his willingness to work and make the City beautiful.
Councilman Wood commended Ms. Ann Kirk for the Keep Smyrna Beautiful Awards Banquet.
Councilman Wood stated that Mr. Brissey was a wonderful friend and neighbor for the past
thirty years and the City has lost a good friend.
Mr. Corey thanked the Mayor and Council for allowing him to assist.
Mayor Bacon thanked Mr. Corey for his assistance and wished Mr. Smith well.
Mayor Bacon stated that he missed Mr. Brissey and thanked Mrs. Brissey for their legacy.
Mayor Bacon stated that Mr. and Mrs. Brissey have attended most of the Council Meetings and
have diligently worked for and supported the City. I
Councilman Cramer reminded everyone that Mr. Brissey was a World War II veteran and was
a member of the troops that landed at Normandy Beach.
ADJOURNMENT
With no further business, the meeting adjourned at 8:27 p.m.
April 3, 2000
Alm
A. MAX BACOIT, MAYOR CANDIS JOINER ITY CLERK
CHARLENE CAPILOU O, WARD I
RON NEWCOMB, WARD 2
BILLS GINS, W 3 /JAM�ESM. HA KINS, WARD 4
ACK CRAMER, WARD 5
A�L pa� e�z
CHARLES PETE WOOD, WARD 7