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10-05-1992 Regular MeetingOctober 5, 1992 The regularly scheduled meeting of Mayor and Council was held October 5, 1992 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Personnel Director Jane Mears, Fire Chief Larry Williams, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt, Community Relations Director Kathy Barton, Parks and Recreation Director Sherry Reavis, Library Director Laurel Best, Communications Director Steve Ciaccio, Accounting Supervisor Claudia Edgar, Building Inspector Scott Stokes and representatives of the press. Invocation was given by Don Hicks, pastor of Church of the Nazarene followed by the pledge to the flag. CITIZENS INPUT: Fire Chief Larry Williams presented the Firefighter of the Month award to Richard Carmen. Mayor Bacon presented a crystal jonquil to Sarah McDaniel in appreciation of her 10 years service on the Parks and Recreation Commission. Edward Reardon invited everyone to the haunted house at Four Seasons Mall, October 25 to 31, sponsored by the Marietta Elks Lodge. Kathy Thurman invited everyone to the benefit at Precision Cutters on October 10th sponsored by local hair stylists. Mayor Bacon said he would like to move up items (A) and (B) under formal business, the appointments of the City Solicitor and Municipal Court Judge. Councilman Wade Lnenicka stated the appointment of the Judge was postponed from a previous meeting to allow time for a research of the law regarding residency. Mike Whaley has served as Solicitor for a number of years and has done an excellent job. Due to the growth in our city, a two court schedule is being implemented and Mr. Whaley was the choice of council to serve as the second judge of Municipal Court. Mr. Lnenicka made a motion that R. Michael Whaley be appointed seconded by Jim Hawkins. Vote on the motion carried 7-0. Mayor Bacon administered the oath of office to Mr. Whaley. Councilman Lnenicka stated the City looked at a number of well qualified attorneys to fill the position of Solicitor left vacant by Mr. Whaleys appointment but a decision was made to appoint Mr. John G. Isom. Mr. Isom resides in Cobb County, and has an excellent background as Solicitor and Assistant District Attorney. Councilman Lnenicka made a motion that John G. Isom be appointed as Solicitor for the City of Smyrna, seconded by Ron Newcomb. Vote on the motion carried 7-0. The oath of office was administered by Mayor Bacon. PUBLIC HEARINGS: (A) Variance request - reduce rear yard setback at 2926 Woodruff Drive Bob Thomson stated that Mr. Bill Kirschner has requested a variance to reduce the rear setback at his home from 40 to 36 feet to accommodate a 14 x 13 foot sunroom addition. There was no opposition. Mr. Kirschner stated the sunroom would be built over the existing concrete patio pad at the rear of his townhome and was needed for extra living space. Councilman John Patrick made a motion the variance be accepted as requested. Ron Newcomb seconded the motion which carried 7-0. (B) Variance request - reduce front, side and back yard setback at 2365 Spring Road Bob Thomson stated that Mr. Phillip Sanders, D.C. of Associated chiropractic Clinic is requesting variances to reduce the front setback from 75 to 25 feet, the side yard from 15 to 6.5 and the rear yard from 40 to 22 feet for a 25 x 25 October 5, 1992 meeting - continued foot addition to the present office. Letters were provided from the adjacent property owners stating they had no objection and there was no opposition from the audience. Councilman Patrick said he had made an inspection of the property and could see no reason for denying the variance. Mr. Patrick made a motion the variances be approved seconded by Jim Hawkins. Mr. Sanders said the addition would not extend beyond the front plane of the existing building on Spring Road. The front setback of the existing building was reduced to 25 feet several years ago due to the widening of Spring Road. Vote on the motion to approve carried 7-0. (C) Variance request - accessory structure at 1351 Roswell Street Bob Thomson stated that Mr. James Davis is requesting a variance to replace the existing one car garage at his home with a 24 x 30 foot double garage. The property also has an old smoke house building which is being used for garden equipment. There was no opposition. Mr. Davis said there are two detached buildings on the property and they planned to replace the existing garage which is in need of repair, with a larger one and also wanted to retain the other building for storage. Councilman Bill Scoggins said this is a very large lot and certainly would accommodate the buildings Mr. Davis has requested and made a motion the variance be approved. Pete Wood seconded the motion which carried 7-0. FORMAL BUSINESS: (C) Bid opening - elevator maintenance service for city buildings Bids were opened, read and recorded as follows: General Elevator $178.00/mo Armour Elevator $268.00/mo $119.00/mo after March 1993 Regency Elevator $204.00/mo U.S. Elevator $200.00/mo Otis Elevator $313.43/mo Bill Scoggins made a motion the bids be turned over to the committee for their recommendation back to full council. Pete Wood seconded the motion which carried 7-0. (D) Bid opening - H.V.A.C. service for city buildings Bids were opened, read and recorded as follows: Air Systems Energy of Georgia $31,200/yr J.R. Nichols Company $20,028/yr Cobb Heating & Air $42,540/yr Pete Wood made a motion the bids be turned over to the Finance & Administration Committee for their recommendation back at the next meeting. Jim Hawkins seconded the motion which carried 7-0. (E) Bid opening - janitorial service for city buildings Pete Wood made a motion the bid opening be delayed to the next meeting, October 19th. Bill Scoggins seconded the motion which carried 7-0. (F) Validate petition to annex 8.7 acres in LL306 and 307 Bob Thomson stated that Joe Lee Thompson has requested the annexation of 8.7 acres in Land Lots 306 and 307 of the 17th District, 2nd Section, running along Nickajack Creek and being adjacent to the Atlanta Horse Center which fronts on Old Concord Road and Church Road. Mr. Camp stated that under the new annexation laws, it was no longer necessary to read the legal description. October 5, 1992 meeting - continued Jack Cramer made a motion the petition be validated and a public hearing set for November 2, 1992. Wade Lnenicka seconded the motion which carried 7-0. (G) Ratify decision of building hearing officer - 1119 Medlin Street, 2677 Knoll Road and 915 Woodland Trail Bob Thomson stated that hearings were recently conducted by Alton Curtis, the City Building Hearing Officer regarding building code violations for the above referenced properties. Evidence was presented at those hearings and the following recommendations are made: 1) 1119 Medlin Street LL486, 17th District, 2nd Section, Building J OWNER OF RECORD: Jan Goransson and Elizabeth Ohman RECOMMENDATION OF HEARING OFFICER: To have this building appraised to determine its reasonable value for the purpose of repair or demolition as specified in OCGA 41-2-9. 2) 2677 Knoll Road LL705, 17th District, 2nd Section, Block 51, Parcel 3 OWNER OF RECORD: Elmer Milton RECOMMENDATION OF HEARING OFFICER: To proceed to effectuate the purpose of the OCGA 41-2-7 through 41-2-17 with respect to this particular property and issue an order to demolish as specified in OCGA 41-2-9. 3) 915 Woodland Trial LL445,446, 17th District, 2nd Section, Building R RECORD OF OWNER: Martin A. Levine RECOMMENDATION OF HEARING OFFICER: To issue an order to repair as specified in OCGA 41-2-9. Councilman Ron Newcomb said if it has been called to the attention of the City that there are dwellings or structures that are unfit for human habitation or unfit for commercial, industrial or business use, are vacant, dilapidated, or being used in connection with drug crimes, or create a general nuisance, an inspector for the City may order a hearing before the Building Hearing Officer. This hearing has taken place and Mr. Newcomb made a motion the council uphold and ratify the findings of the Buildings Hearing Officer as presented. Bill Scoggins seconded the motion. Councilman Jim Hawkins said this is part of an on -going program started several years ago to clean up some of the dilapidated or abandoned buildings. Inspector Scott Stokes said the action is generally initiated through a complaint and after inspection, the owners are notified to either repair or demolish these buildings as needed. In these particular cases, the owners either refused to cooperate or the time frame for completion lapsed. Mr. Camp said the City will pay for any appraisals or demolition work that is needed and file a lien against the property so that the City incurs no liability. Vote on the motion to uphold the Hearing Officer's decision carried 7-0. (H) Approval to postpone implementation of 5/2 work shift Councilman Pete Wood said that currently many members of Police and Communications work 4 days on and 2 off schedule. Several months ago the Mayor and Council decided to discontinue that shift schedule and adopt a 5/2 schedule city-wide. That decision was prompted by financial reasons and better utilization of personnel resources. After receiving input from a number of sources including additional input from the Chief of Police and Police Committee, and further review of budget impact by the Finance & Administration Committee, Mr. Wood made a motion the 5/2 work shift be delayed until July 1993, seconded by Ron Newcomb. Mr. Wood said they felt strongly that they should delay this shift change although it should not be considered as a change in their position. This is simply a delay until the new budget year starts in 1993. Councilman Lnenicka said he would oppose the motion. The employees in all other departments in the city with the exception of fire which is a 24 hour shift, all October 5, 1992 meeting - continued work 5/2 schedules, 40 hours per week. He appreciated the input from employees and staff but felt it was a fundamental issue of equity and fairness. The employees in these departments are working as little as 64 hours or as many as 80 hours in a 2 week period, but being paid for 80 hours. In a budget year that has seen us cut employees and expenses, Mr. Lnenicka said he could not support a policy of paying any employees for 80 hours when we get less than 80 hours from them if it was not uniform throughout the City. Vote on the motion carried 6-1 with Wade Lnenicka opposed. COMMERCIAL BUILDING PERMITS: (A) NRH Enterprises requested a permit for a temporary emission inspection station at 3315 South Cobb Drive. This permit will be valid for a 6 month period only. Jim Hawkins made a motion the permit be approved. Jack Cramer seconded the motion which carried 7-0. (B) John W. Rooker and Associates requested a building permit fo'r new constriction of a Libby -Owens Ford Company at 1355 Highlands Ridge Road at a total estimated cost of $1,746,000. Pete Wood made a motion the permit be approved. Bill Scoggins seconded the motion which carried 7-0. (C) Marietta Elks Lodge requested a one week permit for a haunted house at Four Seasons Mall at Cobb Center, 2200 South Cobb Drive. Jack Cramer made a motion the permit be approved. Jim Hawkins seconded the motion which carried 7-0. BID AWARDS: Nothing to report. CONSENT AGENDA: (A) Approval of September 21, 1992 minutes (B) No parking signs - Burbank Circle (cul-de-sac) (C) Approval to surplus equipment - set auction date for November 14 (D) Approval of D.O.T. contract - paving of Highlands Parkway (E) Approval to request bids for reconstruction/resurfacing of Highlands Parkway (F) Advertise for abandonment of 10 foot alley - Dunn Street Bill Scoggins made a motion the consent agenda be approved. Jim Hawkins seconded the motion which carried 7-0. COMMITTEE REPORTS: Councilman Pete Wood recognized Claudia Edgar, who gave an update on the audit. Personnel Director Jane Mears also reported that the new health plan for city employees is going very well and claims are being processed much faster than before. Councilman Wood said his ward had their share of drainage problems from the extraordinarily heavy rains. Those problems have been identified and they are being worked on and will continue to work to alleviate all the problems. Councilman Lnenicka read two letters from citizens recently received by the Police Department commending Officers Johnson and Conti. Chief Stan Hook and Communications Director Steve Ciaccio were also called on for reports. Councilman Newcomb said there have been several break-ins in his neighborhood recently and asked Chief Hook to attend a neighborhood block meeting in the near future to address some of their concerns. Councilman Lnenicka expressed his appreciation to Joe Lee Thompson, the new Commissioner -elect representing Smyrna and Vinings. Mr. Lnenicka said he spent about 3 hours with him on Saturday morning to discuss problems in his ward and throughout the City, and no one has ever done that before. Mr. Lnenicka said that we are currently facing millions of dollars in lawsuits over issues related to the Civil Service Board and because of the liability represented in those lawsuits, had caused him to re-evaluate the role and existence of the Civil Service Board. Councilman Jack Cramer called on Sherry Reavis for a report from the Parks Department. Mr. Cramer read a letter from a citizen commending parks employees October 5, 1992 meeting - continued on the well -kept condition of Tolleson Park. Mr. Cramer said that Sherry Reavis and our community center was also mentioned in a newly published Cobb Convention Center brochure. Mr. Cramer said the City is continuing to address the drainage problems in his ward. Kathy Barton gave a report from the Community Relations Department and said the Adopt -a -Highway clean up day would be this Saturday and volunteers are still needed. Mrs. Barton said there was confusion caused from a recent newsletter updating citizens on recycling and reminded everyone that we do accept seven materials for recycling. However, any plastic container not containing a drinkable or edible product will not be accepted. Mr. Hawkins said the City would soon be asking residents to separate their leaves, limbs and other biodegradable products from other trash to reduce the cost of tipping fees. Also, we will not continue to haul off trees left by private business and it will be their responsibility to clean up the property and take to the dump. Councilman Newcomb asked about the possibility of including Countryside and Country Park Condominiums in the recycling program. Jim Hawkins said he thought we are now at the point of having several options to present to the homeowners there. Jim Hawkins called on Vic Broyles for a report from Public Works. Mayor Bacon said South Cobb Drive should be cut and edged because grass is now growing over the curb onto the street and asked Mr. Broyles to assign some of our community service workers to this project. Councilman Bill Scoggins called on Chief Larry Williams for a report from the Fire Department. Chief Williams said this is National Fire Prevention Week and they have prepared a video which will air immediately following the meeting tonight. Also, the new furniture for Station 3 has arrived and will be in place before the November 3 election. Councilman Newcomb reported the Community Development Committee would meet Wednesday night at 7:15 p.m. to discuss annexation and a final draft of the tree ordinance. John Patrick called on Laurel Best for a report from the Library. Mayor Bacon thanked Sarah McDaniel again for her service on the Parks and Recreation Commission. Also, thanks to Larry and Sue Brissey for their hard work in cleaning up and beautifying Centennial Park. With no further business, meeting adjourned at 9:12 p.m. A. MAX BACON, MAYOR N TR�CK, WARD 1 BILL S OGGGI WARD ;�" A :�C ER, W 5 CHARLES PETE WOOD, WARD 7 MELINDA DAMJ0 ITY CL K „► ) RON N WCOMB, WARD JAME M. HA WARD 4 WADE LNENfckik, WARD 6