May 7, 2001 Coucil Meetings
May 7, 2001
May 7, 2001
The regularly scheduled meeting of Mayor and Council was held May 7, 200 I at Smyrna
City Hall. Presiding officer Mayor A. Max Bacon called the meeting to order. All council
members were present. Also present was City Administrator Howard Smith, Deputy
Clerk Kellie Barber and City Attorney Scott Cochran.
Mayor Bacon recognized Mr. David Black, CHS Student Body President, and stated that
Mr. Black will be conducting the Council Meeting as Honorary Mayor.
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Invocation was given by Dr. Tom Dohrman, CHS principal, followed by the pledge to the
flag.
CITIZENS INPUT:
Students from Argyle Elementary School presented the Character Education Words for
the month. Star teachers from Campbell High School were introduced and recognized by
Dr. Dorhman. Honorary Mayor David Black presented a check on behalf of the
Campbell High School Student Government Association to Councilmen Newcomb and
Scoggins. The $400.00 check is to be used to purchase paint to assist in the cleanup of
businesses that have been vandalized by graffiti.
Councilman Pete Wood read a proclamation recognizing Claire Eisenhower for her
efforts as a charter member of the Friends of the Smyrna Library through her teaching of
genealogy courses.
Honorary Mayor Black recognized Mr. Millis who presented Mayor and Council with the
May, 2001 edition of Popular Science magazine and stated that there is an article
focusing on his son, Marc Willis. Mr. Millis stated that his son is a graduate of Campbell
High School and is working with NASA space program as a rocket scientist.
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Honorary Mayor Black recognized a gentleman from Creatwood Trail who expressed his
concerns.
Honorary Mayor Black recognized Ms. Melleny Pritchett, a resident of Ward I
introduced herself as a candidate for the Ward 1 council seat to fill the unexpired term of
Charlene Capilouto and asked for residents of that ward to vote for her at the special
election ofJune 19,2001.
Honorary Mayor Black recognized Ms. Rose Cundy who addressed council regarding a
sewer backup in her home several months ago and stated the claim has still not been
settled with the insurance company and she needs this matter resolved. Scott Cochran
said this matter was in the hands of the insurance company and he had spoken with the
claims adjuster several times. Apparently they have a demand that they feel is not
reasonable and they have taken a hard line approach. Mr. Cochran said he was doing all
that he could do to help expedite the claims.
PUBLIC HEARINGS:
(A) Privileged license request - Hacienda Los Mariachis - 82 I C Concord Road -
Retail pouring (beer, wine and liquor)
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City Administrator Howard stated the applicant, Jose Fabian Alvarado, has received a
copy of the alcoholic beverage ordinance and the Business License officer has reviewed
May 7, 2001
the guidelines with him. The police investigation reveals nothing to preclude the issuance of this
license. Honorary Black stated that this is a public hearing and asked for public comment.
There was none.
Susan Santiagos with the Hispanic Services Foundation was present with owner Adan Laguna
and applicant Jose Fabian Alvarado to interpret. Ms. Santiagos stated that Mr. Alvarado has
reviewed the ordinance requirements and has experience in serving alcohol. Councilman
Hawkins said that each jurisdiction has their own requirements for serving alcohol and
questioned Mr. Alvarado to ensure that he was able to look at drivers's license and verifY age.
Councilman Hawkins advised that the City of Smyrna and Cobb County would from time to time -
conduct undercover sting operations. Councilman Hawkins reminded Mr. Alvarado that all of his
servers should be fingerprinted and permitted at the Smyrna Police Department, and that they are
trained to know and understand all the rules.
Councilman Hawkins stated the license appears to be in order and made a motion the license be
approved as requested. Councilman Pete Wood seconded the motion, which carried 6-0.
(B) Privileged license request - E-Z Serve Convenience Store d/b/a Swifty Serve, #8140
- 26 I 0 Cobb Parkway - Retail package beer and wine - Agent change
Honorary Black stated that this is a public hearing and asked for public comment. There was
none.
The applicant, Mohammad Abdul Jabbar, was not present. Councilman Wade Lnenicka said he
had spoken with the Business License Officer today and she had assured him that the applicant
and their attorney had been contacted, and this is the second meeting where they have failed to
appear. Councilman Hawkins made a motion the license be denied. Councilman Ron Newcomb
seconded the motion, which carried 6-0.
(C)
Privileged license request - E-Z Serve Convenience Store c/b/a Swifty Serve #8106 -
902 Windy Hill Road .~ Retail package beer and wine - Agent change
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Honorary Black stated that this is a public hearing and asked for public comment. There was
none.
Councilman Hawkins made a motion the license be denied. Councilman Newcomb seconded the
motion, which carried 6-0.
(D) Privileged license reqlitst - E-Z Serve Convenience Store d/b/a Swifty Serve #8161 -
1166 Concord Road - Retail package beer and wine - Agent change
Honorary Black stated that thi~ is a public hearing and asked for public comment. There was
none.
Councilman Hawkins made a motion the license be denied. Councilman Newcomb seconded the
motion, which carried 6-0.
(E) Variance request -- Dentfirst, PC - 2697 Spring Road - add sign to existing pole sign
Howard Smith said this property is located in the Spring Road Overlay District, which requires
all freestanding signs to be monument-style with a maximum height of 8 feet and area of 32
square feet. The existing pole sign for the shopping center at 2697 Spring Road was constructed
prior to the overlay district standards and is considered a legal non-conforming sign. The
applicant's request to add a new sign requires a variance because the sign area for existing non-
conforming pole signs in the overlay district cannot be expanded. Honorary Black stated that
this is a public hearing and asked for public comment. There was none.
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Applicant Brian J. Dowd said he has been a dentist here since 1982 and due to growth of their
business, needed to relocate. In order to place back a sign of equal size they need a variance.
There was no opposition. Councilman Newcomb said this is the sign at the Papa John's shopping
May 7, 2001
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center and there is an existing pole sign advertising several businesses at that location. Dr.
Dowd's request is for a replacement sign to fill a blank space on the existing pole, no larger than
the Japanese restaurant sign below it. Councilman Newcomb said this is a unique hardship in
that there is not another solution and there was, in fact, another sign there before.
Councilman Newcomb made a motion the variance be approved to add a sign to the existing pole
sign, provided it is no larger than the Japanese restaurant sign below it and conditional upon
removal of the phone number for Papa John's Pizza. Councilman Bill Scoggins seconded the
motion, which carried 6-0.
(F) Variance request - 2985 Highland Drive - allow 16' high accessory structure
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Howard Smith stated the applicant, David Wolski, is the owner of this single family home and
recently installed a storage shed without first obtaining a building permit. During permit review,
the City noted that the shed exceeds the maximum height permitted by approximately one foot.
Honorary Black stated that this is a public hearing and asked for public comment. There was
none.
Mr. Wolski said the structure is already in place and it exceeds the 15-foot maximum height
allowed by ordinance. Since moving into the house in 1995, they have made numerous interior
and exterior improvements to meet their needs, and increase the aesthetic value of the
neighborhood. A notice of the variance hearing was posted and several neighbors were present to
show their support of Mr. Wolski's request.
Councilman Newcomb said this is a good addition to the property and made a motion the
variance be approved as requested. Councilman Pete Wood seconded the motion, which carried
7-0.
(G) Variance request - Windy Hill and Cherokee Trail- allow 46.63 square feet
monument sign
Howard Smith stated this parcel is located in the Windy Hill Overlay District which provides for
... a maximum sign area of 32 square feet for free-standing monument signs. The applicant, Lance
Oil Company, is requesting a variance to permit a freestanding monument sign containing 46.63
square feet. Honorary Black stated that this is a public hearing and asked for public comment.
There was none.
Councilman Jack Cramer said there had been some concern expressed regarding the two
variances being requested for this site and he had arranged a meeting with Royce Brooks,
representing Lance Oil.
Councilman Cramer made a motion the variance be tabled to May 21, 2001. Councilman Ron
Newcomb seconded the motion, which carried 6-0.
(H) Variance request - Windy Hill and Cherokee Trail - allow signage on 3 sides of
proposed structure.
Howard Smith said this is the second variance related to this business. This variance will allow
signage on three sides since it is a comer lot. Royce Brooks said that Teague Texaco operated
from this location for about 25 years but the full service station is now a thing of the past. They
bought the property to convert to a convenience store with gasoline sales. Honorary Black stated
that this is a public hearing and asked for public comment. City Attorney Cochran administered
the oath to those wishing to speak.
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Ruby Moore, a resident of Cherokee Trail was sworn in by Attorney Scott Cochran and stated
they were opposed to any alcoholic beverages being sold from this location and coming near
their homes.
Connie Spruce was sworn in and stated she lives directly behind this property and is not happy
about their proposal. When they graded the property for the service station 25 years ago they
damaged the foundation of her house.
Mav 7, 2001
4
Lavona Strickland of 891 Cherokee Trail said the people who live on Cherokee Trail are mostly
elderly and this is a quiet residential street. Ms. Strickland said they felt the City Council was
letting them down and they are already having a problem with the taxi company and hair salon
next to the station. Councilman Cramer said this property is zoned General Commercial and
they could not prevent a business from locating there. Councilman Cramer said a meeting would
be arranged between Lance Oil and residents to address the concerns expressed here tonight.
Councilman Cramer made a motion that this variance request also be tabled to the May 21, 2001
meeting. Councilman Wade Lnenicka seconded the motion, which carried 6-0.
FORMAL BUSINESS:
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(A) Authorize acceptance of Arcadis Geraghty and Miller for the concept design of the
Concord Road linear park
Howard Smith said this concept study is the first in the construction of a linear park along
Concord Road from Atlanta Road to South Cobb Drive. Our city engineer was able to procure a
grant of $500,000 Transportation Enhancement grant and he is to be commended for that.
Councilman Hawkins said we were fortunate enough to receive this award. The study will be for
an area that has gone through quite a transition as a residential street in the 1970' s to a change in
zoning to commercial use. The contract award will allow them to do a preliminary concept so
that we can decide what needs to be done. Councilman Hawkins made a motion to award the
contract to Arcadis Geraghty for phase 1 of the concept study. Councilman Newcomb seconded
the motion, which carried 6-0.
(B) Appoint interim City Clerk and Records Custodian
Howard Smith stated that Candis Joiner retired April 30th and there is a need to appoint someone
as acting City Clerk and to be the official custodian of official records until that position is filled.
Councilman Hawkins made a motion that Kellie Barber be appointed as interim City Clerk and
records custodian. Councilman Bill Scoggins seconded the motion, which carried 6-0.
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(C) Authorize the Mayor to execute an agreement with GKJ Development, LLC for the
development of the downtown village market
Howard Smith said this process began in the late 1980's and we have had several false starts on
development of the village market concept on the 5 acres in front of City Hall. Councilman Pete
Wood said that several weeks ago the City approved a contract with Welker & Associates for
engineering work on this site. At the last meeting the Mayor was authorized to sign a contract
with Sizemore-Floyd for planning and construction management. Now we are at the point of
moving forward with negotiations with GKJ Development for actual development. This project
has been a part of a 10-year master plan and is the final phase of what was approved at that time.
Councilman Wood made a motion that the Mayor be authorized to execute an agreement with
GKJ Development for the development of the downtown village market project. Councilman
Lnenicka seconded the motion and said he strongly supported this agreement, and the
culmination of 14 years of work on this council. It has taken a very long time to find a plan that
is acceptable, with the right mix of architectural style and use of the land. Councilman Lnenicka
apologized that it has taken so long, but felt that in 18 months the citizens of Smyrna would be
very happy with their new downtown. Vote on the motion carried 6-0.
COMMERCIAL BUILDING PERMITS: Nothing to report.
CONSENT AGENDA:
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(A) Approval of April 16, 2001 council meeting minutes
(B) Approval to purchase 3 new police package Crown Victoria vehicles
(C) Approval to request bids for sod installation at Campbell Middle School, Tolleson
Park, and Jonquil Park using contingency fund account monies
(D) Approval to request bids for Chuck Camp Phase II development
(E) Approval to request bids for replacement bus for the Programs Division's senior
acti vities
Lnenicka apologized that it has taken so long, but felt that in 18 months the citizens of
Smyrna would be very happy with their new downtown. Vote on the motion carried 6-0.
COMMERCIAL BUILDING PERMITS: Nothing to report.
CONSENT AGENDA:
(A)
(B)
(C)
Approval of April 16, 2001 council meeting minutes
Approval to purchase 3 new police package Crown Victoria vehicles
Approval to request bids for sod installation at Campbell Middle School,
Tolleson Park, and Jonquil Park using contingency fund account monies
Approval to request bids for Chuck Camp Phase II development
Approval to request bids for replacement bus for the Programs Division's
senior activities
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(D)
(E)
Councilman Wade Lnenicka made a motion the consent agenda be approved as read.
Councilman Pete Wood seconded the motion, which carried 6-0.
COMMITTEE REPORTS:
Mayor Bacon stated that Max Parnell passed away at Wellstar Hospital yesterday. Max
was a prison of war in W orId War II and was shot down on Christmas Eve in 1944 and
was in the POW camp for a long time, while family members thought he was dead. Max
was a long time resident of Smyrna and Mayor Bacon said he had always been proud to
tell others that Max was his godfather.
Councilman Ron Newcomb stated it is good to be moving on the downtown although we
are a year or two behind where we had originally planned. The linear park on Spring
Road is also behind schedule due to delays by contractor. The survey process started last
week so we hope they will get started very quickly. The main part to be finished is the
linear park portion on the north side of Spring between Carolyn Drive and Village
- Parkway.
Councilman Pete Wood said that everyone would miss Max Parnell in the community
because he made many contributions.
Councilman Jack Cramer said he would have a special meeting with residents on
Cherokee Trail to address some of their concerns with the two variances that were
discussed tonight. Councilman Cramer said that Max Parnell was a hero, and the
veteran's memorial planned for the comer of Bank and King Street is to honor people
like Max.
Councilman Bill Scoggins said that Max Parnell was also a friend to him and he will be
missed. Councilman Scoggins reminded the citizens that there is a charge for special
pickups of appliances and ifthey have a special pickup they should call Public Works.
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Councilman Wade Lnenicka said he spoke recently at the annual meeting of the Vinings
Homeowners Association and it came to his attention that there is a rumor that Smyrna is
going to annex Vinings. The people there were assured that Vinings would not be
annexed and it is not possible to do that unless the residents request it. Councilman
Lnenicka also expressed his condolences to the Parnell family and stated that Max was a
quiet hero. He did some extraordinary things, and one of the things that he wanted very
much to see was our veteran's memorial.
Councilman Jim Hawkins said he thought it was important to recognize people like Mr.
Marc Millis, and he appreciated it being brought to their attention tonight. This is a young
man who went to Campbell High School and then Georgia Tech and certainly is one of
the leaders in our country in developing space travel. Councilman Hawkins said he would
hope that Campbell High School could do something to honor Mr. Millis. Also, Max
Parnell is part of a generation that we don't see very much in our country. He was one of
the local heroes and will be missed, but not forgotten. Councilman Hawkins said he is
very pleased to have a design concept for Concord Road to include some type of
bicycle/pedestrian path, which would eventually connect to the Silver Comet Trail.
Mr. Black thanked the City of Smyrna for the opportunity of conducting the meeting
tonight and for the opportunity it gives students to exhibit their active interest in the
community.
Howard Smith advised that the first restaurant in the downtown area would be opening
next week, Smyrna Ice Cream and Deli.
SHOW CAUSE HEARING:
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(A) (A) Show cause hearing - business license violation - New Age Imports,
747 Concord Road
City Marshal Martin H. Peace stated that New Age Imports had been cited on January 3,
2001 by the State Board of Registration of Used Motor Vehicle Dealers and Used Motor
Vehicle parts Dealers, Used Car Division. The inspection report of January 3,2001
revealed violations of failure to apply for title in the retail purchaser's name within 30
calendar days after date of sale and failure to furnish appropriate documents required for
tag transfer to a retail purchaser within 30 days or purchase. Mr. Peace said he had
temporarily suspended the license and this hearing tonight is to consider the suspension
or revocation of the license. Notice of the hearing was sent via registered mail to Mr.
Dozie A. Idedife, owner/agent of the establishment but he is not present tonight.
Councilman Hawkins made a motion the license be permanently revoked. Councilman
Scoggins seconded the motion, which carried 6-0.
With no further business, meeting adjourned at 9: 15 p.m.
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Mav 7, 2001
7
A. MAX BACON, MAYOR
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~'1~ ' & ~
... 11 V t 1 .. } /1... Nj .t,/
KELLIE BARBER, ACTING CITY
CL~JU( M
~J 7.,
RON NEWCOMB, WARD 2
AMES M. HA WKIN~J\
fle~" WARD 6
Resolution
Emergency Telephone Number 911
'...
WHEREAS, The City of Smyrna is operating an enhanced "911" system which facilitates
the dispatching of emergency services to the residents of Smyrna; and
WHEREAS, The City of Smyrna has imposed and collected a monthly "911" charge of
$1.50 from telephone subscribers within the area served by such system; and
WHEREAS, The City of Smyrna has established a separate restricted revenue fund into
which these "911" charges are deposited; and
WHEREAS, these funds alone are not sufficient to pay for the operation of the enhanced
"911" system; and
WHEREAS, The City of Smyrna must annually reaffirm the need for the $1.50 "911"
charge on telephone subscribers;
*!!M
NOW, THEREFORE, BE IT RESOL VED that the City of Smyrna City Council, by
resolution, reaffirm the necessity for the $1.50 "911" charge on telephone subscribers
served by the enhanced "911" system for fiscal year
Passed this 21 s t day of, May
2001.
fl dJf'~
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A. Max Bacon, Mayor
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May 21, 2001
The regularly scheduled meeting of Mayor and Council was held May 21, 2001 at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 p.m. All council members
were present. Also present was City Administrator Howard Smith, City Attorney Scott Cochran, Acting
City Clerk Kellie Barber, Police Chief Stanley Hook, Fire Chief Larry Williams, Library Director Michael
Siegler, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett,
Finance Director Claudia Edgar, Human Resources Director Chris Corey, Parks and Recreation Director
Steve Ciaccio and Keep Smyrna Beautiful Director Ann Kirk.
Invocation was given by Reverend Lee Delbridge of Smyrna Christian Church, followed by the pledge to
the flag.
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CITIZENS INPUT:
Human Resource Director Chris Corey presented the Star Employee of the Month award to Leah Bronson,
Administrative Assistant to Howard Smith.
Ann Kirk presented an Image Enhancement Award to the Pastor of the Smyrna Community Church on
Powder Springs Street for beautification efforts of the church grounds and parsonage.
Steve Ciaccio introduced Carl Joiner of Smyrna West Soccer Association, who thanked Steve and the Parks
staff for their help, and for the field restorations that are on the agenda for approval tonight. Paul
Hoffman, Vice President of the association gave a report on their program and the Sportsman Award that is
sponsored by the Smyrna Dairy Queen. Doug Stoner, owner of the Dairy Queen presented the Sportsman
A wards to winners from three different age groups.
Steve Representative Ginger Collins reported on the last session in the legislature and stated she was
available to help the City with any problems they might have.
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Floyd Millis said he was pleased at the last meeting to see outstanding teachers honored but there is
another Campbell High School graduate that the City should be proud of. He graduated in 1977 and won a
Math Scholarship to Emory University. During his senior year at Campbell his parents and counselors got
him enrolled to Georgia Tech. While there, he co-oped with NASA at Kennedy Space Center where he re-
designed the stabilizer system for the crawler that carries the rocket launcher to the platform for launching.
He re-designed the system, tested it, and it is still being used today. He later developed a new landing
system for the shuttle, which they still use today. He graduated with a degree in Physics and currently is
heading NASA's Lewis Research Center on the breakthrough propulsion physics project, made up of
approximately 50 scientists from around the world who are trying to invent a propulsion system that will
send the space craft faster than the speed of light. Smyrna should be proud of this young man, because he is
their son. Their daughter graduated from Georgetown University with honors, and graduated from
Princeton with her doctor's degree at 26 years old. She taught at the University of California for 6 years
and later decided to become a professional singer, but now works for an internet company in Milan, Italy.
Mayor Bacon said that Popular Science magazine recently featured Mr. Millis' son for his
accomplishments at NASA. Wade Lnenicka said they are proud of the entire family, and appreciated all
that they have done for the community.
James Royal, campaign manager for Melleny Pritchett reminded everyone of the special election in Ward 1
coming up June 19th to fill the unexpired term of Charlene Capilouto. Ms. Capilouto also endorsed Melleny
Pritchett to complete her unexpired term and said that Melleny had always been very helpful during her
term of office, and knew that she would be an excellent representative. Melleny Pritchett also introduced
herself and asked for the support of residents of Ward 1 during this special election.
PUBLIC HEARINGS:
(F) Rezoning request - Cooper Lake Oaks - 9.8 acres - Cooper Lake Road and King Springs Road-
From R-20 to RAD Conditional.
Councilman Wood said the applicant for the rezoning has requested that this application be tabled to the
June 4, 2001 hearing. Mayor Bacon asked for public comment.
...
Curtis Dobbs of King Valley Road asked why this request is being tabled. Mr. Wood said the applicant has
had a hydrology study done and the Engineering Department is still reviewing it. Mr. Dobbs said his one
acre lot is the low point of the 9.8 acres and there are two culverts going under King Valley at that point,
and that they are at maximum capacity now. Councilman Wood said the hydrology study will reveal the
impact to the area. Ken Hildebrandt said the plans were submitted late last week and the developer will be
required to provide detention facilities to prevent additional runoff and the standard policy set by council
has been to reduce runoff by 110%. Councilman Wood said they would not approve anything for the
developer that did not meet requirements of the ordinance or the Engineering department. Mr. Dobbs said
he wanted to make it clear that he has never had a problem with water in the 13 years he has been there, but
he is trying to protect his property and did not think a detention pond in his back yard would increase his
property value. Councilman Wood made a motion the rezoning request be tabled to the June 4,2001
meeting. Councilman Jack Cramer seconded the motion which carried 6-0.
(A) Variance request - 875 Windy Hill Road - allow 46.63 square foot freestanding sign
May 21, 2001 meeting - continued
2
Howard Smith stated the applicant is requesting two variances for this location and that this request is
related to the size of the monument sign. The parcel is located in the Windy Hill overlay district which
provides for a maximum sign area of 32 square feet for free-standing monument signs. This request was
tabled from the last meeting.
Royce Brooks with Lance Oil was present to represent the applicant. There was no opposition. Councilman
Cramer said they met last week with Mr. Brooks and residents in the Cherokee Trail area. Mr. Brooks said
they met with probably 15 residents last week to address their concerns. Their plans are to convert the
service station to a convenience store. The two driveways on Windy Hill will be right-in, right-out only
with no change on Cherokee Trail. The chainlink fence facing Windy Hill Road will be removed with and
shrubbery will be planted along the Cherokee Trail property line. Councilman Cramer said the residents
were also concerned with location of the monument sign, and parking, and those concerns have also been
addressed by Mr. Brooks. Councilman Lnenicka commended Mr. Brooks for working with the city and
residents to address their concerns regarding this location. Councilman Cramer made a motion the variance
request to increase the maximum sign area to 46.63 square feet be approved as requested. Councilman
Lnenicka seconded the motion, which carried 6-0.
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(B) Variance request - 875 Windy Hill Road - allow signage on 3 sides of proposed structure
Councilman Cramer made a motion that the request to allow signage on the three sides of the proposed
pump canopy be approved, to permit the Texaco star logo measuring 6.76 square feet to be placed on the
south, east and west faces of the canopy. Councilman Lnenicka seconded the motion, which carried 6-0.
(C) Rezoning request - Bates Road and Argo Drive - .64 acres - from R-15 to RM-lO
Howard Smith stated that Mr. Thomas Starr is proposing to rezone this .64 acre tract which would permit
multi-family developments (apartments) or day care facilities with several restrictions. This request was
denied by the Planning and Zoning Board. There was no opposition.
Mr. Stan said they wanted to have a day care center on this site and he had spoken with most of the
neighbors and had several signatures. They felt this would be a benefit to the community and had received
no objections. Councilman Scoggins said when they first talked, he was mildly receptive but unfortunately
there had been some setbacks regarding the legality of this proposal. The RM -10 would allow multi- family
(apartment) development. Mr. Starr said this development would be only a day care facility, which could
also be used on weekends for bible study. Mr. Stan said he would be amenable to a conditional zoning to
limit the use. Community Development Director Chris Miller said this is a residential area and this request
would constitute a spot zoning and the Planning and Zoning Board had also expressed concerns about
impact on the neighborhood. Councilman Scoggins said that our attorneys have also advised that this is a
spot zoning request and made a motion the request be denied. Councilman Newcomb seconded the motion.
Councilman Lnenicka said he would support the motion and although he felt the applicant has good
intentions, it would be difficult to limit the use of the property if the zoning was approved. Councilman
Lnenicka also commended Mr. Scoggins on the tremendous improvements and revitalization efforts in this
area. Vote on the motion canied 6-0.
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(D) Land use change .. Bates Road and Argo Drive - .64 acres - from Low Density Residential to
High Density Residential
Mayor Bacon advised that no action is required.
(E) Variance request - 2616 Hughes Street - reduce side yard setback from 26.16 feet to 14.6 feet
Howard Smith stated that Charles Woodham is requesting a variance to replace the original front porch
with a larger porch, necessitating a variance on the side yard setback. The zoning ordinance requires the
minimum side yard setback for the side of a building fronting a street to be two-thirds of the front setback.
Based upon a 40-foot front yard setback, the minimum required side yard for this addition is 26.6 feet and
the applicant has requested a variance to decrease the setback to 14.6 feet. The adjacent property owners
were notified of the variance request and there was no opposition.
Donna Short advised this would be a porch with arbor added to their home. This is the last house on a dead
end street. Councilman Hawkins said he appreciated the efforts of Chris Miller and his staff and felt this
would be a nice addition. Councilman Hawkins made a motion the variance be approved as requested.
Councilman Scoggins seconded the motion, which canied 6-0.
(F)
Privileged license request - China Buffet - 2800 Spring Road, Suite A - retail pouring (beer and
wine)
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Howard Smith advised that Tai Pei Company, Inc., d/b/a China Buffet has requested a license for the retail
pouring of beer and wine. The registered agent for this establishment is Chun Chuan Chen and he has been
given a copy of the alcohol beverage ordinance and the Business License officer has review the guidelines
with him. The police investigation revealed nothing that would preclude issuance of the license. There was
no opposition.
Mr. Chen said he had been in business about 3 years and there has been no alcohol served at this location
previously. Mr. Chen spoke little English but through help with an interpreter said he had served alcohol at
restaurants in Newnan and Brunswick, Georgia. Councilman Hawkins said he was a little concerned with
May 21, 200 I meeting - continued
3
the language barrier and asked ifhe would be able to communicate with customers about their age, and
asking for identification. Mr. Chen said he understood the regulations. Councilman Newcomb said they
wanted him to be successful and wanted to make sure that the waiters and waitresses understood the
regulations well enough to comply. Also, all employees will be required to obtain photo permits from the
Police Department. Mr. Chen said this is a buffet restaurant and a very small percentage of their total sales
would be from alcohol.
Councilman Newcomb said this location does meet the distance requirements and made a motion the
license be approved. Councilman Scoggins seconded the motion, which carried 6-0.
FORMAL BUSINESS:
(A) Approve Welker and Associates to design Ridge Road sewer line
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Howard Smith said this sewer line would serve the recently annexed properties along the north side of
Ridge Road and this study would provide the survey, design and cost estimate for the proposed line. The
proposed line would be constructed along the rear of the properties and tie into Vinings Glen. This study
will be funded from the water and sewer renewal and extension account.
Councilman Lnenicka said when they annexed the 9 homes on Ridge Road the residents asked about the
City providing sewer services. This study will determine where the line would be built, with a cost
estimate. Councilman Lnenicka made a motion the study be approved. Councilman Scoggins seconded the
motion, which carried 6-0.
(B) Authorize Mayor to sign Emergency Telephone Number 911 resolution
Howard Smith stated that on March 20, 2000, the Mayor and Council approved a resolution for the
collection of the emergency telephone 911 fee of $1.50 per month, per telephone subscriber, to support our
enhanced 911 system. This resolution will reaffirm the collection of those fees.
Councilman Hawkins said this fee would support the services provided to our citizens through 911 services
and made a motion the resolution be approved. Councilman Wood seconded the motion which carried 6-0.
(C) Approval of agreement with Georgia lnterlocal Risk Management Agency - annual renewal of
property and liability coverages
-
Howard Smith advised that as a member of the Georgia Interlocal Risk Management Agency (GIRMA), a
subsidiary of the Georgia Municipal Association, this agreement is for the renewal of the City's property
and liability coverage. This coverage includes but is not limited to buildings and contents, automobile
damage, law enforcement liability, general liability, and crime. The renewal period is for May 1, 200 I to
April 30, 2002, at a cost of $218,691.
Councilman Cramer said this is an annual renewal contract and made a motion it be approved. Councilman
Hawkins seconded the motion which carried 6-0.
COMMERCIAL BUILDING PERMITS: Nothing to report.
BID AWARDS:
(A) Bid award - field renovation for Parks Department
Howard Smith said that 7 vendors responded to our bid request and after review by the Purchasing
Department, recommended that the bid be awarded to Athletic Turf Management, the lowest qualified
bidder at $74,785. The actual low bid was from Tritt Landscaping at $62,400 but may not be qualified to
meet requirements at the price stated. Council had previously approved the transfer of$43,000 from
Contingency. A total of $82,785 is now requested in Contingency funds to meet the shortfall from what
was originally requested.
Councilman Wood made a motion the bid be awarded to Athletic Turf Management at $74,785 which will
include projects at Campbell Middle School and Tolleson Park. Councilman Cramer seconded the motion,
which carried 6-0.
(B) Bid award - Rotary truck lift and rolling jack for Public Works
-
Howard Smith stated that three vendors were solicited with two responding. The Public Works and
Purchasing departments have reviewed these bids and recommend that the bid be awarded to the lowest
bidder, Myers Tire of Atlanta for $7,883.00
Councilman Scoggins made a motion the bid be awarded to Myers Tire of Atlanta for $7,883. Councilman
Hawkins seconded the motion which carried 6-0.
(C) Bid award - storm sewer replacement for Windy Hill Road
M<1Y 21, 2001 meeting - contiI1.cu~il
4
Howard Smith stated 10 bids were solicited with seven responding to replace the deteriorated storm sewer
on Windy Hill Road. The Public Works and Purchasing depaliments reviewed the bids and recommend the
bid be awarded to K. M. Davis Contracting for $76,950.
Councilman Scoggins made a motion the bid be awarded to K. M. Davis for $76,950. Councilman Hawkins
seconded the motion which carried 6-----0.
(D) Bid award ~ annual contract for chemical products
Howard Smith stated that bids were requested trom eight vendors with five responding. Of the five
responding, Peoples Janitorial and Zep Manufacturing were consistently low on unit pricing. The bids were
reviewed by the Public Works and Purchasing departments and recommend the bid be split between the
two low bidders.
-
Councilman Scoggins made a motion the bid award be split between Zep Manufacturing and Peoples
Janitorial. Councilman Hawkins seconded the motion which carried 6-0.
(E) Bid award ~ design and construction services for Phase II of Chuck Camp Park
Howard Smith stated that Altamira Design and Common Sense, Inc. was responsible for design,
construction phase services, contract administration, and constriction bid award for the City during the
Phase 1 element of Chuck Camp Park. This award is for like services for the next phase of work. The City
Attorney has reviewed Altamira's fee proposal and indicated that the department may recommend Altamira
for this project because of the close, professsional connection this firm has with the City on the project to
date. Councilman Wood made a motion that Altamira Design be selected for design and construction
services for Phase II development at Chuck Camp Park. Councilman Cramer seconded the motion, which
carried 6-0.
CONSENT AGENDA:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(1)
(.1)
(K)
(L)
(M)
Approval of May 7, 2001 minutes
Approval of apartment name change from Park at Galleria to Worthing at Galleria
Approval to construct 10" water line in Vinings Estates
Approval to replace 150' sewer main on Lochlomand Lane
Approval to request bids for concrete construction services
Approval to replace 600' of sewer main at Burbank and Glendale Circles
Approval to replace 600' of sewer main at Glendale Place and G]endale Circle
Approval to replace 2,265' of sewer main at Village Parkway and Bates Street
Approval to replace] ,500' of water main on Gordon Circle
Approva] to replace 1 JOO' of water main on Highland Drive
Approval to replace 650' feet of water main on Love Street
Approval to use Council chambers Thursday, May 10,2001, from 6:30 p.m. to 10:00 p.m. for
neighborhood meeting
Approval to use Council chambers, Thursday, May 24,2001 from 6:30 p.m. to 10:00 p.m. for
Ward 5 neighborhood meeting
-
Councilman Lnenicka made a motion the consent agenda be approved seconded by Councilman Cramer.
Vote on the motion was approved 6-0.
COMMITTEE REPORTS:
-~-_.._-~~--
Councilman Newcomb called on Chris Miller for a report from Community Development. Mr. Miller
reported that Carol Cowan is in the hospital for some testing but is doing well and should be at home soon.
Mr. Miller gave a report on building construction for last month and stated there has been a sizeable
increase over last year. The Community Development committee is also working on an inspection program
for single family rentals, which is expected to begin in January, which will include an inspection of the
interior and exterior of the dwelling. An inspection fee will be assessed to offset the cost of the program.
Councilman Scoggins called on Ann Kirk for a report from Keep Smyrna Beautiful. Ms. Kirk said their
volunteers did a wonderful job this year for the "Great American Clean Up"; 180 volunteers who gave over
400 hours and picked up miles of litter. A number of donations were also received from the community.
Scott Stokes gave a report from the Public Works Department and stated that Bobby Cooper, a Public
Works employee suffered from a slight stroke but was at home now, recovering. Scott reminded everyone
of the holiday schedule and change in sanitation and trash pickup. Door hangers are being used to remind
residents that leaves are no longer picked up in plastic bags.
--
Councilman Cramer called on Chris Corey for a report from Human Resources. Mr. Corey announced job
openings in the City. Councilman Cramer said marble bricks and pavers are still available for the veteran's
memorial.
Councilman Lnenicka called on Chief Hook, who gave a report from the Police Department. Councilman
Lnenicka read the latest Grand Jury report and stated there were no recommendations from them.
May 21, 200 I meeting - continued
5
Chief Larry Williams gave a report from the Fire Department and stated they were awarded a grant, which
allows them to install smoke detectors in Smyrna homes, at no charge. Fire trucks on Saturdays are going
door to door asking residents if they have smoke detectors. This year, they are also involved in the child
safety program and they are working with the Police Department to instruct people in proper use of child
safety seats and restraints. They have also been tentatively notified that they have received a grant for a
child safety seat program. The Smyrna Fire Department was also recently recognized by the Governors
office for their participation in this program.
Councilman Lnenicka said he noticed in the May issue of Georgia Trend magazine, Pam Walker and her
travel agency was featured.
..
Councilman Wood called on Michael Siegler for a report from the Library. Mr. Siegler said that
statistically, last month was the best month ever for the Smyrna Library. There are now 16,000
cardholders, which means that more than 40% of our population has a library card that they received within
the last 2 !h years. Mr. Siegler said they expect our summer reading club to reach maximum capacity this
year. Registration begins Thursday, May 30th and it is open to everyone.
Steve Ciaccio reported on upcoming events in the Parks Department.
Howard Smith said they hope to have the new web page up by July l5t and the department heads have
worked hard to provide information for that site. Smyrna Ice Cream and Deli opened recently and they will
have their grand opening this Friday. Also, the DDA met Tuesday night and the Mayor, as Chairman of the
DDA, signed the contract with G. K. Johnson.
..,
KE E BARBER, CTING
CITY CLERK '\
--~241" ,J~
~~~: jj;;~
BILL S O(iGlNS, W A ~MES M. HA WKINS, RD 4
~~ '
~~~
CHARLES PETE WOOD, WARD 7
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