06-18-2001 Regular MeetingJune 18, 2001
The regularly scheduled meeting of Mayor and Council was held June 18, 2001 at
Smyrna City Hall. Mayor A. Max Bacon called the meeting to order at 7:30 o'clock p.m.
All Council members were present. Also present was City Administrator Howard Smith,
City Clerk Kellie Barber, City Attorney Scott Cochran, Parks and Recreation Director
Steve Ciaccio, Library Director Michael Seigler, Public Works Director Scott Stokes,
Community Development Director Chris Miller, Finance Director Claudia Edgar,
Community Relations Director Jennifer Bennett and Human Resources Director Chris
Corey.
CITIZENS INPUT:
Charlene Capilouto and James Royal encouraged the residents of Ward 1 to vote and
support Melleny Pritchett in the special election tomorrow. Ms. Pritchett also asked for
the support of the residents and voters in Ward 1 and stated the last month she had spent
campaigning had been a rewarding time for her.
Mr. Bill Lnenicka presented renderings of the final design of the Veterans Memorial. The
memorial has been reduced in size by approximately 50% from what was originally
proposed. In mid -July bids will be solicited and hopefully a contract can be awarded by
Labor Day. Mr. Lnenicka requested that they be placed on the agenda for the first
meeting of September and at that time the funding source will be identified to proceed
with construction. Mayor Bacon said he wanted to be sure that the adjacent residents
were pleased with the revised plans, and also reminded Mr. Lnenicka that the Downtown
Development Authority must approve them.
Jane Allen Shope, a Village Green resident, said she was delighted with the revised plans
and appreciated Mr. Lnenicka for working with them on this project.
Representative Ginger Collins stated it was a privilege to serve the residents of Smyrna
and encouraged them to call her if they had any problems.
Charlene Capilouto. said her last meeting was a very emotional one during an annexation
hearing and wanted everyone to know that several persons who were at that meeting had
since apologized to her for comments that were made.
Frank Irbin, a resident of Ward 5, complained about the calculation method that is used
by the City for sewer billing charges and suggested a flat rate based on the amount of
water consumed which would be more fair to the citizens.
PUBLIC HEARINGS:
(A) Rezoning request — 9.8 acres — Cooper Lake Road — from R20 to RAD
Conditional
Howard Smith stated that Cooper Lake Oaks, LLC is proposing to rezone a 9.8 acre tract
of land located at the northwest corner of Cooper Lake Road and King Springs Road.
This development will provide for 29 single-family homes at a total density of 2.96 units
per acre.
Councilman Wood said this was previously tabled for various reasons and made a motion
to table this item again to July 2, 2001, to allow Cobb County time to review and
comment on the annexation and rezoning, pursuant to the intergovernmental agreement
between the city and county.
Mr. Curtis Dobbs stated he had copies of the plat and it appears that the City is creating
an island through this annexation and also questioned whether or not the property was
one -eighth contiguous as required. Scott Cochran said this issue was brought up today
and he reviewed it without the full drawings. Before the time scheduled for final hearing
he will review thoroughly to determine whether or not this annexation meets state
requirements.
June 18, 2001 meeting — continued
Ken Hildebrandt said he had reviewed the hydrology study and said he was concerned
with some of the water runoff problems and had discussed those with the developer.
Councilman Cramer seconded the motion to table, which carried 6-0.
(B) Zoning amendment request — Olde Vinings Mill Subdivision - allow tennis
court lights
Councilman Lnenicka said a zoning stipulation was placed on this zoning in 1994
prohibiting tennis court lights. Today a letter was received form the president of the
homeowners association requesting that this application be withdrawn without prejudice.
Councilman Lnenicka made a motion this item is withdrawn without prejudice.
Councilman Cramer seconded the motion, which carried 6-0.
(C) Privileged license request — Exxon Express — 2370 Spring Road — retail
package beer and wine — agent/owner change
Howard Smith stated that Exxon Express has submitted an application for a retail
package license for this location. Ms. Neelam Keshvani will be the registered agent and
the police investigation fails to reveal any information that would preclude the issuance
of this license.
Ms. Keshvani was not present for the hearing. The owner stated the applicant was out of
State and had a store in New York, and only spent a few days in Atlanta each month.
Councilman Newcomb advised the owner that the applicant must be present for this
hearing and expressed some concern that the owner did not live here. Councilman
Newcomb made a motion the hearing be tabled to July 2, 2001 and asked the owner to
come to the business license office again to review the ordinance and make sure the
applicant will qualify to hold the license. Also, the police investigation needs to be for the
owner and agent. Councilman Lnenicka seconded the motion, which carried 6-0.
FORMAL BUSINESS:
(A) Validate petition for annexation — 9.8 acres — Cooper Lake Road — Land
Lot 477, 17t" District, 2nd Section, Cobb County
Councilman Wood made a motion that the petition be validated and a public hearing set
for July 16, 2001. Councilman Cramer seconded the motion, which carried 6-0.
(B) Approval of proposed fiscal year 2002 budget
Howard Smith stated a public hearing was held June 4, 2001 summarizing the proposed
FY2002 budget totaling $40,213,765, and stating the intent of the Mayor and Council to
approve the budget tonight.
Claudia Edgar highlighted the FY2002 budget totaling $40,213,765, a 5.5% over the
FY2001 budget. Councilman Hawkins stated that almost $18 of the $28 million in the
General Fund is budgeted for employee salaries and 4% was budgeted for salary
increases in the upcoming year. This budget is predicated on the same millage rate,
pending receipt of the tax digest in late summer. There were no questions or comments
from the audience. Councilman Hawkins made a motion the FY2002 budget be approved.
Councilman Scoggins seconded the motion, which carried 6-0.
Councilman Wood made a motion the rules be suspended to add two items, 4C and 4D to
the agenda. Councilman Cramer seconded the motion, which carried 6-0.
(C) Authorize Mayor to sign agreement with Facility Group
June 18, 2001 meeting — continued
Councilman Wood said the proposal with Facility Group is for the planning and design of
the village market project. Councilman Wood made a motion the Mayor be authorized to
sign the agreement. Councilman Cramer seconded the motion, which carried 6-0.
(D) Appointment of City Clerk
Councilman Cramer made a motion to appoint Kellie Barber as City Clerk. Councilman
Hawkins seconded the motion which carried 6-0.
COMMERCIAL BUILDING PERMITS: Nothing to report.
BID AWARDS: Nothing to report.
CONSENT AGENDA:
(A) Approval of June 4, 2001 minutes
(B) Approval for Richard Thornton to perform study of Concord Road between
Atlanta Road and South Cobb Drive
(C) Approval to transfer CDBG funds of $70,000 for purchase of replacement
senior bus
(D) Approval o request bids for the purchase of senior services replacement bus
(E) Approval of budget transfer for purchase of aquatred treadmill
(F) Approval to request bids for the purchase of aquatred treadmill
(G) Approval to request bids for drainage engineering survey
(H) Authorize City Attorney to appeal annexation decision by Cobb Superior
Court
Councilman Hawkins made a motion the consent agenda be approved. Councilman
Cramer seconded the motion, which carried 6-0.
COMMITTEE REPORTS:
Councilman Newcomb called on Chris Miller for a report from Community
Development. Chris reported that Carol Cowan has returned to work following medical
leave of absence and reported on statistics from his department for the previous month.
The new ordinance requiring inspection of rental units will be presented to the Mayor and
Council within the next few weeks and hopefully the program can be implemented the
first of the year.
Councilman Scoggins called on Ann Kirk for a report from Keep Smyrna Beautiful. Ms.
Kirk reminded everyone of the Adopt a Mile program on July 21 St. Also, the Keep
America Beautiful national board of directors recently visited Smyrna and they were very
impressed with what we have done here.
Councilman Hawkins called on Claudia Edgar for a report. Ms. Edgar reminded everyone
of water restrictions in Smyrna which are still in effect.
Councilman Hawkins said a plan will be presented within the next few months for
Concord Road improvements.
Councilman Cramer called on Chris Corey for a report from Human Resources. Chris
congratulated Kellie Barber on her appointment tonight and announced other positions
that are available in the City.
Councilman Lnenicka also congratulated Kellie Barber.
Councilman Wood called on Jennifer Bennett for a report. Ms. Bennett reminded
everyone of the upcoming concerts on the village green.
Michael Siegler gave a report from the Library and stated they had received another small
grant of $2000 from the Millennium Project of the National Endowment for the
June 18, 2001 meeting — continued
Humanities, which must be spent on Library of America books. Margaret Dukes is
exhibiting her oil paintings in the Library and the Marietta/Smyma Coin Club also has a
very nice exhibit.
Steve Ciaccio reported on activities in the Parks Department including a children's
program called Fun in the Sun at the gazebo on Thursdays in June and July. Fields at
Tolleson Park and Campbell Middle School are being re -sodded and reminded everyone
to cooperate by staying off them until work is completed. The 2001 Smyrna Classic
tennis tournament will start this Thursday.
Mayor Bacon reminded everyone of the special election in Ward 1 tomorrow and a
special called meeting will be held Wednesday night to swear in the newly elected
council person and the new City Clerk.
ADJOURNMENT: With no further business, meeting adjourned at 9:35 p.m.
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A. MAX BACON, MAYOR
WARD 1, VACANT
BILL SCOGGINS_RD 3
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RON NEWCOMB, WARD 2
PCKCRAMER, WARD 5 WADE S.
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CHARLES PETE WOOD, WARD 7
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WARD 6