08-07-2000 Regular MeetingAugust 7, 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 except Councilman Newcomb who was out of town. Also
present were City Administrator Howard Smith, City Clerk Candis Joiner, City Attorney Scott
Cochran, Keep Smyrna Beautiful Director Ann Kirk and representatives of the press.
Invocation was given by Smyrna Police Department Chaplain, Ron Waddell followed by the
pledge to the flag.
CITIZENS INPUT:
Mayor Bacon introduced Ms. Betty Ginn and Ms. Sandi Sands, Keep Smyrna Beautiful
Members, who along with Keep Smyrna Beautiful Director Ann Kirk presented an Image
Enhancement Award to Smyrna Tire Service owner Mr. Bobby Myers. Mayor Bacon
commended Mr. Myers for his commitment to Smyrna and Mr. Myers thanked Mayor Bacon
and the City of Smyrna for their support.
Mrs. Kirk, Ms. Ginn and Ms. Sands presented an Image Enhancement Award to Mr. and Mrs.
Maurice Abbott of Smyrna Towers. Mayor Bacon thanked Mr. and Mrs. Abbott for their
continued support and commitment to the City of Smyrna. Mrs. Abbott thanked the City of
Smyrna for the award.
Mayor Bacon introduced Mr. Howard Martin and the Smyrna Little League 9 and 10 year old
All Star Team. Mr. Martin stated that this is the first team from Brinkley Park to win the
District 2 Charlie Brown Championship. Mr. Martin introduced the coaches, Mr. Charles
Thomas, Mr. Joey Hampton and Mr. Barry Wheeler and the team members: Josh Fore, Zach
Wheeler, Juan Gomez, Edgar Chavez, Joey Williams, Travis Brasfield, Joey Hampton, Al
Santana, Chris Mann, Derek Meuscea, Michael Panfilas, Kevin Taylor, and Jake Gross. Mr.
Martin stated that this team is a group of fine young men. Coach Thomas thanked the Mayor
and Council for the recognition and stated that he is very proud of the ball team. Mayor Bacon
commended the team on their accomplishment.
Mayor Bacon recognized State Representative Randy Sauder who congratulated the City of
Smyrna on the August 5"' Birthday Celebration. Representative Sauder stated that he has
proven by his accomplishments that he is willing to work across party lines and that history has
shown that the successful leaders of Georgia have worked with both Democrats and
Republicans. Representative Sauder stated that he has felt honored to serve this community and
thanked Mayor and Council for the opportunity to speak.
Mayor Bacon introduced Ms. Ginger Collins, candidate for State Representative District 29,
who stated that she is looking forward to working with Mayor and Council.
PUBLIC HEARINGS:
(A) Adoption of the 2000 Tax Millage Rate.
Mr. Smith stated that this is a public hearing that has been duly advertised for two weeks to set
the millage rate at 10.45. Mayor Bacon stated that this is a public hearing and asked if there
was any public comment. There was no comment.
Councilman Hawkins made a motion to adopt the 2000 Tax Millage Rate at 10.45 and
Councilman Scoggins seconded the motion. Councilman Hawkins stated that the FY 2001
budget was adopted to go into effect on July 1, 2000 anticipating that a 10.45 millage rate
would be sufficient. Councilman Hawkins stated that the 10.45 millage rate is lower than the
millage rate that the State of Georgia recommends and that the City of Smyrna is the only city
in Cobb County that was not required to advertise a tax increase.
Councilman Lnenicka stated that he is pleased that the millage rate has been reduced 9 of the
last ten years and commends Mayor, Council and City Staff for their continued efforts.
Mayor Bacon reminded everyone that a decrease in millage rate does not guarantee a decrease
in taxes due to the increase in property values. Mayor Bacon commended Councilman
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Hawkins for a job well done. Motion was approved 6-0. **(Councilman Newcomb was
absent.)
(B) Annexation Request (1.235 Acres)— Land Lots 622 and 623-1790 and 1792 Cooper
Lake Drive-17' District, 2" d Section, Cobb County, Georgia.
Mr. Smith stated that Mr. Clifton Oliver submitted an application for annexation that was
validated at the July 3, 2000 Council Meeting and if successful this 1.235 acre tract will
become a part of Ward 6 effective September 1, 2000. Mayor Bacon stated that this is a public
hearing and asked if there was any public comment. There was none.
Councilman Lnenicka made a motion to approve the annexation request of 1.235 acres of Land
Lots 622 and 623 1790 and 1792 Cooper Lake Drive 17' District, 2' Section, Cobb County,
Georgia to become a part of Ward 6 on September 1, 2000. Councilman Cramer seconded the
motion. Motion was approved 6-0.
(C) Privileged License Request— Farida, Inc. d/b/a Cobb Center Amoco— 2711 South
Cobb Drive —Retail Package License (Beer and Wine.)
Mr. Smith stated that this is an ownership and agent change for Cobb Center Amoco and that
this is a current licensed location that has been selling beer and wine. Mayor Bacon stated that
this is a public hearing and asked if there was any public comment. There was none. Mayor
Bacon stated that this location was cited in a recent sting operation for underage alcohol sales
and that the show -cause hearing has been set for August 21, 2000.
Councilman Cramer stated that according to Mr. Cochran there should be no action taken until
the show -cause hearing is final. Councilman Cramer made a motion to table the privileged
license request for Farida, Inc. d/b/a Cobb Center Amoco 2711 South Cobb Drive for a retail
package license of beer and wine until the September 5, 2000 Council Meeting. Councilman
Lnenicka seconded the motion. Motion to table was approved 6-0.
(D) Privileged License Request—Mojica Taxi Cab Company-1401 Windy Hill Road —
Vehicle for Hire License.
Mr. Smith stated that this is a privileged license request for a vehicle for hire license and that
the business address on the application does not exist and that the residential address is for an
apartment that is under construction and vacant.
Councilman Hawkins asked Mr. Jose Mojica, applicant, if he currently picks up passengers in
the City of Smyrna and Mr. Mojica stated yes. Councilman Hawkins asked where the business
is located and Mr. Mojica stated that it is behind Las Americas Mexican Restaurant in Belmont
Hills Shopping Center. Mr. Mojica stated that the company is now located in Mableton and
that he has moved since he has completed an application. Councilman Hawkins stated that the
application is incorrect and incomplete and made a motion to table the privileged license request
for a vehicle for hire license for Mojica Taxi Cab Company at 1401 Windy Hill Road until
August 21, 2000. Mr. Mojica was instructed to return to the business license office and correct
the information on his application. Councilman Scoggins seconded the motion. Motion to
table was approved 6-0.
FORMAL BUSINESS:
(A) Appointment to Civil Service Board-2 Year Term.
Councilman Lnenicka stated that according to the City Charter, the Mayor and Council appoint
one member to the Civil Service Board and that the current appointee is Mr. Charles Perkins.
Councilman Lnenicka stated that Mr. Perkins' term expires August 15, 2000 and that Mr.
Perkins is willing to serve again. Councilman Lnenicka made a motion to appoint Mr. Charles
Perkins to a 2-year term to the Civil Service Board beginning with the expiration of his current
term. Councilman Cramer seconded the motion. Motion was approved 6-0.
(B) Appointment to Hospital Authority Board— Wards 1 and 5.
Councilwoman Capilouto made a motion to appoint respiratory therapist Ms. Maria Kaner who
was born in Brazil, grew up in Mobile, AL., became an U.S. citizen in 1998 to the Hospital
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Authority Board as the Ward 1 representative. Councilman Hawkins seconded the motieii.=
Motion was approved 6-0.
Councilman Cramer made a motion to re -appoint Mr. Ray Seabolt to the Hospital Authority
Board as the Ward 5 representative and Councilman Wood seconded the motion. Motion was
approved 6-0.
(C) Authorize the Acquisition of the Property Located at 1312 West Spring Street, Smyrna,
Georgia through Negotiations and/or Eminent Domain.
Councilman Hawkins stated that this property is the Nelms Lodge and made a motion to
authorize the acquisition of the property located at 1312 West Spring Street, Smyrna, Georgia
through negotiations and/or eminent domain. Councilman Scoggins seconded the motion.
Mayor Bacon stated that a tentative agreement has been reached with the Nelms Lodge.
Motion was approved 6-0.
(D) Validate Petition for Annexation (3.88 Acres)— Land Lots 333 and 334— North Cooper
Lake Road, 17' District, 2' Section, Cobb County, Georgia.
Mr. Smith that Scott Justus has submitted a petition for annexation and that if approved this
property will become a part of Ward 7.
Councilman Wood made a motion to validate the petition for annexation of 3.88 acres for Land
Lots 333 and 334 on North Cooper Lake Road, 17' District, 2' Section, Cobb County,
Georgia and set a public hearing date for September 5, 2000. Councilman Cramer seconded
the motion. Motion was approved 6-0.
Legal Description
All that tract or parcel of land being in Land Lots 333 and 334 of the 17`h District, 2°d
Section, Cobb County, Georgia, being 3.88 acres as shown on the plat of survey for
Ralph Wesley Bryant dated 09/11/98 by Carl A. Cochran, RLS #1370, and being more
particularly described as follows:
Beginning at the intersection of the north line of Land Lot 333 and the easterly right of
way of North Cooper Lake Road, having a 50 foot right of way, run thence on said
right of way in a northerly direction a distance of 185.84 feet to a point and the true
point of beginning, running thence along said right of way north 02 degrees 29 minutes
52 seconds west a distance of 100.00 feet to a point, running thence on said right of
way north 00 degrees 46 minutes 21 seconds west a distance of 108.47 feet to a point,
running thence north 61 degrees 52 minutes 07 seconds east a distance of 219.25 feet to
an iron pin found, running thence south 29 degrees 43 minutes 53 seconds east a
distance of 41.70 feet to an iron pin found, running thence south 58 degrees 51 minutes
07 seconds east a distance of 176.37 feet to an iron pin, running thence south 53
degrees 54 minutes 00 seconds east a distance of 276.93 feet to an iron pin on the west
line of land lot 334, running thence on said lot line south 00 degrees 50 minutes 40
seconds west a distance of 129.69 feet to an iron pin running thence south 69 degrees
24 minutes 22 seconds west a distance of 193.72 feet, running thence south 87 degrees
59 minutes 37 seconds west a distance of 169.92 feet to an iron pin, running thence
north 02 degrees 42 minutes 09 seconds west a distance of 200.00 feet to a point,
running thence south 85 degrees 32 minutes 40 seconds west a distance of 220.62 feet
to a point on the easterly right of way of North Cooper Lake Road and the point of
beginning.
COMMERCIAL BUILDING PERMITS:
(A) Dooley & Mack Constructors of Georgia Requests a Permit for the Construction of a
6,720 Square Foot Car Care Building.
Councilman Lnenicka stated that this application is for a vacant lot at the southwest corner of
Atlanta Road and Ridge Road and that this is a very important piece of property for the image
of the City of Smyrna. Councilman Lnenicka stated that the only planned curb cut is on
Atlanta Road. Councilman Lnenicka stated that he has been unable to meet with the applicant
and made a motion to table the commercial building request for Dooley and Mack Constructors
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of Georgia until the August 21, 2000 Council Meeting. Councilman Cramer seconded the
motion. Motion to table was approved 6-0.
(B) Benning Construction Company Requests Variance—Publix Grocery-4480 South
Cobb Drive— Extension of Working Hours.
Coulman Lnenicka stated that this Publix Grocery is in the shopping center being developed
on the northwest corner of the East/West Connector and South Cobb Drive intersection and that
the Benning Company is requesting this extension of working hours to allow for the pouring of
a seamless floor in the Publix building. Councilman Lnenicka stated that once the Benning
Company begins the pouring, work must be continued until complete and that the that he does
not see where this will be a nuisance or noisy because the work is on the inside of the building.
Councilman Lnenicka made a motion to approve the extension of working hours from August
8, 2000 through August 16, 2000 with the stipulations:
1. No heavy equipment be used other than the tractor -trailer necessary.
2. The tractor -trailer may only operate from 7:00 a.m. until 7:00 p.m.
3. No exterior lights will be used.
4. All noise must be contained.
Councilman Wood seconded the motion. Motion was approved 6-0.
BID AWARDS:
There were none.
CONSENT AGENDA:
(A) Approval of July 17, 2000 Minutes.
(B) Approval to Request Bids for Unit Pricing on Paper Products.
(C) Approval of Bus Shelter Locations for Cobb Community Transit.
(D) Approval to Purchase Remaining Cemetery Markers in Order to Complete Restoration.
(E) Approval to Request Bids for New Production and Camera Equipment for Council
Chambers.
(F) Approval to Use Council Chambers August 23, 2000 from 7:00 p.m. to 10:00 p.m. for
a Ward 2 Meeting.
(G) Approval to Install Stop Sign—Vinings Estates Drive and Vinings Approach Drive.
Councilman Wood made a motion to approve the consent agenda and Councilman Lnenicka
seconded the motion.
Mayor Bacon announced that he has received a letter from Governor Barnes stating that he was
transferring $5,000.00 of his discretionary fund to the Smyrna Cemetery for the purpose of
completing restoration of the Smyrna Cemetery. Mayor Bacon stated that he has received
another letter from Governor Barnes announcing the transferral of $2,000.00 from his
discretionary fund to the Smyrna Historical Society for the video record of War Experiences of
World War II Veterans. Mayor Bacon stated that he believes that these monies are a direct
result of the commitment of Representative Sauder to the City of Smyrna.
Motion to approve the Consent Agenda was approved 6-0.
COMMITTEE REPORTS:
Councilman Hawkins reminded everyone that Campbell's first football game is the last
weekend of August and encouraged everyone to attend the game and support the football team
this season.
Councilman Cramer wished his children, Ashley and Brack, well.
Councilman Cramer reminded everyone that the Smyrna Veterans Memorial Association is
continuing to accept orders for marble pavers and bricks for the Veterans Memorial Park.
Mayor Bacon stated that the crowd at the Birthday Celebration was the largest number that he
has seen and commended Community Relations Director Jennifer Bennett, Parks and
Recreation Director Steve Ciaccio and their staff for the great job. Mayor Bacon commended
the Smyrna Police Department and the Smyrna Fire Department for their work and stated that it
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was very satisfying to see all of the departments work together for the success of the
Celebration.
Mayor Bacon wished Public Works employee David Nelson and Accounting Department
employee Paula Cannon a speedy recovery.
ADJOURNMENT
With no further business, the meeting adjourned at 8:37 p.m.
A. MAX BACON, MAYOR CANDIS JOINS CITY CLERK
CHARLENE CAPILOU O, WARD 1
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BILL SC GGINS, W 3
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CHARLES PETE WOOD, WARD 7
RON NEWCOMB, WARD 2