12-17-2001 Regular MeetingDecember 17, 2001
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 were Interim City Administrator Chris Corey, City Clerk Kellie Barber, Deputy City
Clerk Lee Miller, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar,
Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and
Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director
Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community
Relations Director Jennifer Bennett and representatives of the press.
Invocation was given by Councilman Wood, followed by the pledge to the flag.
CITIZENS INPUT:
Mayor Bacon recognized Council Member Bill Scoggins who presented Ms. Kirk with the prestigious
National Professional Leadership Award. Council Member Scoggins stated that this national award was
presented to Ms. Kirk in recognition of her leadership and professionalism and that this is the highest award
given by Keep America Beautiful. Ms. Kirk thanked Mayor and Council for their continued support and
the Keep Smyrna Beautiful volunteers for their commitment. Ms. Kirk introduced the KSB volunteers.
Mayor Bacon congratulated Ms. Kirk and stated that Smyrna is very fortunate to have her leadership.
Councilman Lnenicka thanked Ms. Kirk and the Keep Smyrna Beautiful volunteers for their commitment.
Councilman Newcomb stated that this award is truly deserved and thanked the Keep Smyrna Beautiful for
their assistance.
Mr. Frank Adams presented the KAB 2" d place award to Mayor and Council.
Mayor Bacon recognized Mr. Frank Adams who presented the Image Enhancement Award to Mollie's
owners Walter Chewning and Carol Ishman, who thanked the City and encouraged the citizens to visit their
location.
Mr. Adams presented the Image Enhancement Award to Walter Burnham, Jane Wilbur, Amanda Dormer,
Chuck Shalit, Larry Detweiler, Angie Parkas and Jim Roots of Lincoln Trace Apartments, who thanked the
City and the Smyrna Police Department.
Mayor Bacon recognized Mr. Millis who stated that the State computer system is not prepared for
implementation of the vehicle identification insurance law.
Mayor Bacon recognized Mr. Charlie Levinson, North Matthews Street, who asked Mayor and Council
about HB489. Mayor Bacon stated that Marietta Council Member Phillip Goldstein and Commissioner Joe
Lee Thompson have been working hard for several months to reach an agreement n this difficult issue.
Council Member Pete Wood stated the cities have issues with the County police tax and water service
duplication. Council Member Wade Lnenicka stated that the intent of HB489 is to encourage cities and
counties to work together but that there are several questions regarding the constitutionality of the bill.
PUBLIC HEARINGS:
(A) Privileged License Request for a Retail Pouring (Liquor, Beer and Wine) License for EL Reventon
Restaurant, Bar and Grill 3282 South Cobb Drive, new application.
Mr. Corey stated that El Reventon Restaurant Bar and Grill has submitted an application for a retail
pouring license for liquor, beer and wine with Maria S. Diaz as the registered agent. Mayor Bacon stated
that this is a public hearing and asked for public comment. There was none.
Ms. Diaz' sister spoke and stated that Ms. Diaz is out of town.' Council Member Jim Hawkins made a
motion to table the request until the next meeting January 7, 2002. Council Member Bill Scoggins
seconded the motion. Motion to table was approved 7-0.
FORMAL BUSINESS:
(A) Ordinance Amendment —Soil Erosion and Sedimentation Control —Article II, Section 46-33 C
(15)
Mr. Corey stated that proposal is to amend Ordinance Amendment Article II, Section 46-3 C (15). The
amendment would change the stream bank buffer from twenty-five feet to fifty feet. Mayor Bacon asked
for public comment, and there was none. Council Member Scoggins stated that some details of the
ordinance are not yet established and made a motion to table the ordinance until the January 7, 2002
council meeting. Council Member Hawkins seconded the motion. Motion was approved 7-0.
December 17, 2001
(B) Wastewater Rate Increase from Cobb County Water System
Mr. Corey stated that Cobb County Water System has advised a sewer rate adjustment of 6.5% will go into
effect January 1, 2002.
Council Member Hawkins stated that a memo from CC water informed the City that the sewer rate would
be increased by 6.5 % and that the Finance committee felt that the only way to keep the finances in balance
is to pass this increase along to the customers. Council Member Hawkins made a motion to approve the
new sewer rate and Council Member Scoggins seconded the motion. Motion was approved 7-0.
(C) Reappoint Keep Smyrna Beautiful Commission Members for Wards 1, 3,4
Council Member Pritchett made a motion to reappoint June Wolf -Jordan as the Ward 1 representative, and
Council Member Hawkins seconded the motion. Motion was approved 7-0.
Council Member Scoggins made a motion to reappoint Sandy Sands as the Ward 3 representative, and
Council Member Cramer seconded the motion. Motion was approved 7-0.
Council Member Hawkins made a motion to reappoint Lillian McCall as the Ward 4 representative, and
Council Member Scoggins seconded the motion. Motion was approved 7-0.
(D) Appointment to Growth Strategies Commission
Councilman Newcomb introduced Mr. Chris Miller from Community Development who stated that the
commission would participate in meetings that would focus on developmental issues such as grants,
"greenspace," land use and transportation. Council Member Newcomb stated that this commission will
focus on planning for growth over a five to ten year period and made a motion to appoint Smyrna residents
Ms. Robin Cubbage and Messrs. Jason Scheidt, A.N. "Shen" Sengupta, John Sickling, Michael Terry, Peter
Stelling, Claude Hemphill, Ed Clack, Robert Thorn of The Facility Group, Michael Hughes of Cobb
County Economic Development, Curtis L. Johnston, Jr. of Cobb County School Board, David Knight of
Walton Communities and Dan Reuter of the Atlanta Regional Commission. Council Member Hawkins
seconded the motion. Motion was approved 7-0.
(E) Authorize Mayor to sign Deed of Conveyance for Village Market Property
Mr. Corey stated that the Village Market project is in its final stage of development and that in order to
complete the process a deed of conveyance for the property must be authorized. The land will be conveyed
to the Downtown Development Authority. Councilman Hawkins stated that the property across from City
Hall will be officially conveyed to DDA. Mr. Cochran stated that this will title all the subject property to
one entity which will clear the title up. Council Member Hawkins made a motion to authorize Mayor
Bacon to sign a deed of conveyance for Village Market property from the City of Smyrna to the DDA, and
the motion was seconded by Council Member Scoggins. Motion was approved 7-0.
(F) Appointment to Planning and Zoning Board —Ward 6
Council Member Lnenicka made a motion to reappoint Don Mitchell as the Ward 6 representative on the
Planning and Zoning Board, and Council Member Hawkins seconded the motion. Motion was approved 7-
0.
(G) Approval to Abandon Section of Right of Way of King Street
Mr. Corey stated that in order to proceed with the development of the Village Market, sections of the right-
of-way of King Street, Atlanta Road and Memorial Place must be abandoned and that none of the property
in question is presently in use as a roadway so no impact on travel is anticipated. Council Member
Hawkins stated that parts of the rights -of -way of the subject properties will be abandoned and not the roads
themselves. Mr. Cochran stated the potential road use would be abandoned and conveyed to DDA at
closing. Council Member Hawkins made a motion to approve abandonment of part of the right-of-way of
King Street to the DDA, and Council Member Wood seconded the motion. Motion was approved 7-0.
(H) Approval to Abandon Section of Right of Way of Atlanta Road
Council Member Hawkins made a motion to approve abandonment of a section of the right-of-way of
Atlanta Road to the DDA, and the motion was seconded by Council Member Scoggins. Motion was
approved 7-0.
(1) Approval to Abandon Section of Right of Way of Memorial Place
Council Member Hawkins made a motion to approve abandonment of a section of the right-of-way of
Memorial Place to the DDA, and the motion was seconded by Council Member Wood. Motion was
approved 7-0.
Mr. Cochran stated the legal description of the parts to be abandoned will be attached to the minutes.
December 17, 2001
COMMERCIAL BUILDING PERMITS:
(A) OStorageZ50 Atlanta Road
Council Member Hawkins stated that the applicant meets all zoning requirements and made a motion to
approve the commercial building permit for OStorage at 2350 Atlanta Road. Council Member Scoggins
seconded the motion. Motion was approved 7-0.
BID AWARDS:
There were none.
CONSENT AGENDA:
(A) Approval of December 3, 2001, Minutes
(B) Approval of Budget Adjustment for E91 1 Communications
(C) Approval of 2002 City of Smyrna Employee Holidays
(D) Approval to Request Bids for Replacement Crawler Sewer Camera
(E) Approval to Use Council Chambers January 17, 2002, for Oakley Downs Homeowner Meeting
*(F) Approval to offer an economic incentive package to UCB Pharma, Inc.
*Council Member Wood made a motion to suspend the rules to add an item"F'to the agenda and
the motion was seconded by Council Member Cramer. Motion was approved 7-0.
Council Member Wood made a motion to add agenda item F, approval to offer an economic incentives
package for UCB Pharma, Inc., and Council Member Cramer seconded the motion.
Motion was approved 7-0.
Council Member Hawkins made a motion to approve the consent agenda, and the motion was seconded by
Council Member Scoggins. Motion was approved 7-0.
COMMITTEE REPORTS
Mayor Bacon wished everyone a happy holiday and introduced newly -hired Deputy City Clerk L,ee Miller
to the people present.
Council Member Wood recognized Ms. Bennett who reported that the December newsletter has been
mailed with a focus on the National League of Cities tour.
Council Member Wood recognized Mr. Seigler who reported that the odor in the Library is in the process
of being corrected. Mr. Seigler encouraged everyone to visit the Library to see Council Member Woods
baseball card collection, thanked the Vinings Rotary Club for obtaining a grant for the Library for
educational toys and thanked Ms. Jo Perkinson for the life-size Father Christmas she made by hand. Mr.
Seigler announced that on .January 5, 2002 a meditation class for stress reduction will be hosted at 10:00
a.m. Mr. Seigler concluded by wishing everyone a Merry Christmas.
Council Member Wood recognized Mr. Ciaccio who stated that the Community Center will be closed for
renovations from December 23 until January 1.
Council Member Wood wished citizens a Merry Chrismas and Happy New Year.
Council Member Lnenicka recognized Chief Williams who stated that the SFD has answered more than
4,050 calls so far this year, and that four firefighters from SFD were in Baltimore on their way to New
York City where they will present Mayor Giuliani with a hand -made quilt from Belmont Hills Elementary
School along with a check for $105,000 for the families of firefighers lost on September 11. Chief
Williams also reported that this week, firefighters from SFD will take ten underprivileged children
shopping for Christmas. Chief Williams wished everyone a Merry Christmas and encouraged everyone to
be fire safe.
Council Member Lnenicka recognized Chief Hook who stated that SPDs records are up-to-date for the first
time in about a year which he considers a favorable accomplishment. Chief Hook presented the criminal
statistics for the first eleven months of 2001 and expressed the view that crime rates are being contained,
especially when the growth of the City's population in recent years is considered. Chief I -look stated that
the number of graffiti incidents is being reduced and cited an incident where SPD Officers Turner and
Dobson recently arrested two juvenile subjects in connection with a graffiti crime believed to be gang -
related and warned that ifsomeone is caught engaged in a graffiti violation, they will be arrested. Chief
Hook reported that SPD is now up to fiill staff with 91 officers.
Council Member Lnenicka wished everyone happy holidays.
Council Member Cramer recognized Mr. Corey for obtaining his IPMA-CP credentials from the
International Personnel Management Association and thanked Ms. Bennett and Ms. Bronson for their work
December 17, 2001
on the NLC tour. Council Member Cramer reminded everyone that the groundbreaking for the Veterans
Park will be on January 12, 2002 and that paving bricks are available for purchase.
Council Member Cramer wished everyone a happy holiday season.
Council Member Hawkins wished everyone a Merry Christmas and a Happy New Year and welcomed Mr.
Miller to the City.
Council Member Scoggins recognized Ms. Kirk who stated that the"bring one for the chipper Christmas
tree recycling program will be at the Vinings Home Depot on January 5 and that Christmas cards can be
brought to the Recycle Center for recycling. Council Member Scoggins expressed appreciation to Frank
Adams for his 14 years of service and stated that KSB is reviewing ideas for their Spring Clean Up.
Council Member Scoggins recognized Mr. Stokes who stated that the new sanitation schedules are in the
water bills, the leaf vacuum program is 4.5 days behind schedule and that landscaping has begun on Spring
Road Linear Park. Mr. Stokes stated that the recycling schedule will shift during Christmas week.
Council Member Scoggins wished everyone a Merry Christmas and a Happy New Year.
Council Member Newcomb recognized Mr. Chris Miller who presented the building statistics for the
month.
Council Member Pritchett stated that the first six months of her term in office have gone by quickly and she
thanked SPD, SFD and the various department supervisors for their teamwork.
Mr. Corey welcomed Mr. Miller, congratulated Ms. Kirk and wished everyone a happy holiday.
Mr. Cochran wished everyone a Merry Christmas.
Ms. Barber welcomed Mr. Miller and wished everyone a Merry Christmas.
ADJOURNMENT
With no further businesk the meeting adjourned at 8:-A0 p.m.
A. MAX BAC N, MAYOR KELLIE M. BARBER, CITY CLERK
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