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11-16-1992 Regular MeetingNovember 16, 1992 The regular scheduled meeting of Mayor and Council was held November 16, 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, Fire Chief Larry Williams, Library Director Laurel Best, City Engineer Ken Hildebrandt, Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Community Relations Director Kathy Barton, Communications Director Steve Ciaccio, Business License Clerk Sue Blaydes and representatives of the press. Invocation was given by Greg Wilson, pastor of Smyrna Assembly of God followed by the pledge to the flag. CITIZENS INPUT: School Board member Ann Brady, Nash Middle School Principal Ellen Cohan, and Tom Alexander with Southern Bell were present to sign the Partners in Education Agreement between the City of Smyrna and Nash Middle School. Kathy Barton presented a check for $100 to Shawn McConnell, the winner of the Smyrna flag contest. Gene Hoaster with the Smyrna Business Association stated the SBA is assisting with holiday decorations this year and would be contacting business owners to ask for their cooperation, especially in the Concord Road, Atlanta Road, Windy Hill Road, Jones Shaw Road and South Cobb Drive corridors. PUBLIC HEARINGS: (A) Annexation of islands - State Code Section 36-36-92 Councilman Ron Newcomb made a motion the annexation of islands be deleted from the agenda. Pete Wood seconded the motion. There were approximately 130 people in the audience to oppose the annexations. Councilman Newcomb said the State Legislature had given the municipalities the authority to annex islands 50 acres or less and council originally felt it was proper to annex these areas. Of the 423 property owners, there were 28 businesses, 5 churches, 84 vacant lots, 1 swimming pool\tennis court area and approximately 300 residences. After further consideration, council agreed that it did not feel right to force homeowners to come into the City because it would only create ill feelings. Speaking in opposition to the annexations were Paul Henson, 2175 Elizabeth Avenue; Bob McCaleb, Vineyard Way; Edna Harner, 830 Wells Circle; Floyd Millis, Wynridge Drive; W. S. Morgan, Chrysler Avenue; Claire Randall, Spring Villa Condominium Association; Billy Fisher, 907 Turner Drive; Sharon Teem, 719 Austin Drive; Michael Whatley, No. Cooper Lake Road. Sue Brissey of Havilon Way said she was proud to live in the City and while some of the people present were her friends, was glad they were not coming into the City. Several residents asked for a commitment from council that they would never pursue the annexation of their property. Mr. Newcomb said that no council can bind a future vote on a future council. This body felt that there were islands within the outer limits that legitimately should be brought in to eliminate jurisdictional issues or conflicts which do exist. Also, there is an equity issue to consider. However, the resolve of council to pursue the annexation of residences is tempered considerably. Future attempts to annex any property would, however, require proper notice to the owners. Vote on the motion to remove this item from the agenda carried 7-0. (B) Variance request - reduce side yard setback at 2410 South Cobb Drive (Checkers Drive in Restaurant) November 16, 1992 meeting - continued Bob Thomson stated that Checkers Drive in Restaurant is requesting a variance to reduce the front yard setback from 50 to 44 feet for new construction at 2410 South Cobb Drive. The existing Texaco station and convenience store encroaches into the setbacks and will be torn down for the new construction. There was no opposition. Rik Galpin with Ashford Engineers represented the applicant and said the canopy and car wash of the existing structure encroach into all four setbacks. Checkers will remove the existing building and have the soil tested for contamination before they begin construction. Mr. Galpin said the proposed drive-thru canopy on the right side of the building will encroach 5.2 feet into the 50 foot setback; the overhang on the front of the building at the pick-up window will encroach 5.6 feet and the right front corner of the building will encroach 1.7 feet. After further discussion Jack Cramer made a motion the variance be approved as requested. Bill Scoggins seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Appointment to Parks and Recreation Commission - Ward 6 Councilman Wade Lnenicka stated that Eddie Hellman has moved out of the City and for that reason, had resigned from the Parks and Recreation Commission. Mr. Lnenicka presented a crystal jonquil to Mr. Hellman with his appreciation for 2 years of dedicated service. Mr. Lnenicka then introduced Mark Wasserman of Vinings North Trail and made a motion he be appointed to fill the unexpired term. Pete Wood seconded the motion which carried 7-0. (B) Approval of twice weekly garbage pickup Councilman Jim Hawkins said the committee has recommended that the City return to twice a week garbage collection in addition to the recycling pickup and made a motion it be approved. Bill Scoggins seconded the motion. Mr. Hawkins said when we began once a week garbage and recycling in July, we said that we would study the program to see how well it would, work. We do have a mandate from the State to reduce the amount of garbage that we put into the landfill by 25%. We have monitored that program since it went into effect and in many areas it has worked well. One area where it has not worked well is for families that have 3 or 4 members or more in their family. The cans in the ground only hold 30 gallons and it is simply not enough capacity for them, even with recycling. Our recycling participation rate has been about 60% which is very good but even with that participation, the 30 gallon containers are not sufficient for once a week pickup. Financially, the residential garbage is in very good shape. The host fees from Southern States and Chambers are now being received and that money can only be used for sanitation. Also, we have saved approximately $12,000 in tipping fees since the program began. Hopefully the recycling participation rate will remain high and that will continue to keep our tipping fee cost down. Mr. Hawkins said the Clean City Commission had recommended several times that we implement a volume based garbage rate but the problem we have with that program is the underground system. If we had a rollout container system we could use different size containers and charge based on the volume but now that it is not possible. Mr. Hawkins said the only additional cost for going back to twice a week service will be to hire an additional driver and the manpower will be reduced from 4 to 3 men per truck. Mayor Bacon also agreed that from the beginning we had told the citizens that we would monitor the program and if it did not work, would go back to twice a week service. We do, however, need to continue our participation in the recycling program. November 16, 1992 meeting - continued Vote on the motion to approve carried 7-0. COMMERCIAL BUILDING PERMITS: (A) Checkers Drive -In Restaurant requested a permit for new construction at 2410 South Cobb Drive at an estimated construction cost of $119,000. Bill Scoggins made a motion the permit be approved. Jack Cramer seconded the motion which carried 7-0. (B) Holder Construction requested a permit for a new addition at Smyrna First Methodist Church at 1315 Concord Road at a total estimated cost of $2.2 million. Jim Hawkins made a motion the permit be approved. Bill Scoggins seconded the motion which carried 7-0. BID AWARDS: (A) Janitorial service - city buildings Pete Wood made a motion the low bid of $23,280 be awarded to West Atlanta Janitorial which excludes the Community Center and Public Works Department. Wade Lnenicka seconded the motion which carried 7-0. (B) Solid Waste management plan Jim Hawkins made a motion the low bid of $6,620 be awarded to Mayes, Sudderth and Etheridge, to be paid from the sanitation host fees. Pete Wood seconded the motion which carried 7-0. CONSENT AGENDA: (A) Approval of November 2, 1992 minutes (B) Reallocation of funds - CDBG projects Jim Hawkins made a motion the consent agenda be approved. Bill Scoggins seconded the motion which carried 7-0. COMMITTEE REPORTS: John Patrick said the library is requesting funding for a subscription to the Atlanta Journal on compact disc. This matter has been referred to the Finance & Administration Committee. Also, residents in Afton Downs continue to have rat problems in the neighborhood. x Jim Hawkins called on Kathy Barton for a report from the Community Relations Department. Mr. Hawkins also reported that our Sanitation Supervisor, Eddie Bessette is hospitalized for triple bypass surgery and asked everyone to remember Eddie and his family in their prayers. Jack Cramer called on Sherry Reavis for a report from the Parks Department. Sherry was congratulated for the awards our Parks Department received from the State GRPS at their annual convention last month. Smyrna received the award for our population group for activities that were conducted during July which is National Parks and Recreation Month. Also, Smyrna received the Public Parks and Recreation Agency Award for our population group. Mr. Cramer reported that he would continue with his Ward 5 meetings and the next one is scheduled for November 23rd at 7:00 p.m. for residents on the north side of Windy Hill Road. Councilman Wade Lnenicka read from a portion of the recent Grand Jury report regarding our city jail which was very complimentary of our facilities and Chief. Mr. Lnenicka also commended Lt. Mike Brown and his officers for their participation in the Labor Day seat belt campaign. Letters also have been received from residents expressing their compliments and appreciation to Officers Tim November 16, 1992 meeting - continued Strickland, Michael Ely and Jimmy Chastain. Councilman Pete Wood said we are still accepting applications for the Personnel Director and Finance Director and reminded everyone to vote in the November 24th run-off election. With no further business, meeting adjourned at 8:45 p.m. A. MAX BACON, MAYOR (JbHN PATRICK, WARD 1 \ �,4 V L�SCOGGINS, WAKD 3 G ACK AMER, WARD 5 � � Ll� CHARLES PETE WOOD, WARD 7 lkx=_kdws�� MEfINDA D.AnMERON, CITY CLERK RON NEWCOMB, WARD/ 2 S M. HffYfI TS, WARD 4 WADE LNENICRA,- WARD 6