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04-04-1994 Regular MeetingApril 4. 1994 The regular scheduled meeting of Mayor and Council was held April 4, 1994 at 7:30 p.m. o'clock. The meeting was called to order by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Clerk Melinda Dameron, City Attorney Charles E. Camp, Major Kent Sims of the Police Department, Finance Director Jim Triplett, Fire Chief Larry Williams, Children's Librarian Tonda Morris, Parks and Recreation Director Steve Ciaccio, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Brenda Barrett of the Public Works Department, Community Relations Director Kathie Barton, Chief Building Inspector Scott Stokes, and representatives of the press. Invocation was given by Michael Cagle, pastor of the Church of Christ. Mayor Bacon stated that before going into the Citizen's Input section of the agenda, there were two proclamations to be read. He then asked Councilman Lnenicka to read the proclamation in honor of "National Telecommunicators Week" which is April 10 - April 16, 1994. Councilman Lnenicka then read the proclamation and presented it to Jane Carney and Brenda Sloan of the Communications Department. Councilman Patrick then read a proclamation in honor of "National Library Week" which is April 17 - April 23, 1994. Councilman Patrick then presented the proclamation to Tonda Morris, the Children's Librarian. CITIZENS INPUT: Mayor Bacon asked if there were any citizens present who would like to speak. He then recognized Mr. Tedford of 1065 Church Street. Mr. Tedford stated he had received a warning letter from the Community Development Department in reference to parking his vehicle on an unpaved area at his home. Mayor Bacon responded he would review the Ordinance and contact Mr. Tedford about the letter. PUBLIC HEARINGS: (A) Variance Requests - Exceed the Limit of 120 Square Feet Copy Area for Free Standing Business Sign; Second Business Sign - Church's Chicken - 5120 South Cobb Drive Ms. Dameron stated Church's Chicken is building a new restaurant at the corner of South Cobb Drive and Highlands Parkway and they are requesting a variance to increase the square footage of their sign from 120 feet to 136 square feet. She further stated they are also requesting a variance to erect a second sign at the back entrance of the business on Highlands Parkway. Mayor Bacon asked the applicant, Mr. Alton Abernathy, to step forward. Mayor Bacon then asked if there was anyone present in opposition to the granting of this request. There was none. Councilman Wood asked Mr. Abernathy about his relationship with Church's Chicken. Mr. Abernathy responded he was responsible for the sign work for Church's Chicken and stated the current copy area of the sign is actually 71.5 square feet not 120 square feet. He then stated the City is actually counting the perimeter of the sign, which includes the illuminated arches and steel support columns, as the copy area. He then stated the entire sign, including the arches, support columns and reader board area is actually 136 square feet. Councilman Wood then stated that what Mr. Abernathy is requesting is a variance to allow Church's Chicken to erect a sign that will be 136 square feet instead of the 120 square feet allowed by the Ordinance. Councilman Wood then asked if the sign had already been fabricated and Mr. Abernathy responded it had. Councilman Lnenicka then asked Mr. Abernathy if the reader board - the copy area, inside the sign, would ever be increased and Mr. Abernathy responded he did not think so as the entire sign would have to be redone. Councilman Hawkins then asked if the sign meets the height requirements of the City and Mr. Abernathy responded that it did. Councilman Newcomb asked Mr. Stokes if the Ordinance implied that only the written material, or the posts that hold the sign were used to calculate the square footage of the sign. April 4 1994 Council meeting - continued Mr. Stokes replied that in the past was that if the structure, which in this case is the archway, did nothing but hold the reader board and the sign up itself, the City included the reader board and the sign. He further stated that in this instance, the structure itself is illuminated and is therefore considered a part of the sign. Councilman Wood made a motion that the variance request from Church's Chicken and Mr. Abernathy relative to the sign at 5120 South Cobb Drive to allow the copy area not to exceed 136 square feet total, and not to exceed 29 feet and 9" in height overall be approved. Motion was seconded by Councilman Cramer. Motion was approved 6-1 with Mr. Newcomb opposed. Councilman Wood then asked Mr. Abernathy if he was proposing to erect a sign similar to the ones Arby's/Mrs. Winner's and Wendy's have on their property. Mr. Abernathy responded yes. Mr. Wood then asked if the sign was not going to exceed five feet in height and a total overall dimension of 25 square feet and will be compatible with existing signs. Mr. Abernathy responded yes. Councilman Wood made a motion that the variance request from Church's Chicken to erect a second sign not to exceed five feet in height and an overall dimension of 25 square foot sign at the rear of the business on Highlands Parkway directing the traffic from Highlands Parkway into the place of business be approved. Motion was seconded by Councilman Cramer. Motion was approved 7-0. FORMAL BUSINESS: (A) Ordinance Amendment - Appendix D, Section (d) (1) - Paving Office/Commercial Streets Mayor Bacon stated the three Ordinance Amendments would be covered as one item but would be voted on separately and that Mr. Newcomb would be explaining the details of the ordinance amendments. He then asked Ms. Dameron for the background information on the proposed changes. Ms. Dameron stated the Community Development Committee has reviewed the Ordinances governing the paving of streets in certain zoned areas and have determined the Ordinance requirements are not sufficient for the roadways to sustain the wear and tear and abuse they received. Councilman Newcomb stated the current ordinances requires a paving thickness that is not thick enough to hold up to the wear and tear of the traffic. He stated this is true in the Office/Commercial, Industrial and Residential areas. He further stated he felt it was not fair to the citizens of Smyrna to absorb the costs for repaving streets that did not have sufficient thickness to hold up under the traffic conditions. He also stated that by increasing the thickness of the paved surfaces as recommended by the Community Development Committee, the life of the streets will be increased by 66%. Councilman Newcomb made a motion that Appendix D, Section (d) (1) be deleted and replaced with the following revision: Revise Appendix D, Section 2, Sub -section (e) 1 to read as follows: (1) After the subgrade has been inspected and compaction tests approved, the eight (8) inch aggregate base shall then be installed. The aggregate base shall be inspected and compaction tests improved in the same manner as the subgrade. After the aggregate base is approved a12rime coat shall be installed at a rate of .25 gal/square yard with allowable time to cure The roadway or street shall be surfaced with a minimum of 3.5 inches of asphaltic concrete binder GA D.O.T. Type B. After the binder is inspected and approved a tack coat consisting of AC-20 at a rate of 0.5 gal/square yard shall be installed. The topping, shall be installed after such tack coat and consist of a minimum two (2) inches of asphaltic concrete topping GA D.O.T. Type E. There shall be a minimum of two (2) foot over lap between the binder and topping. All asphaltic concrete will be mixed in an asphalt plant meeting the latest requirements of the GA D.O.T. Councilman Newcomb made a motion that Appendix D, Section 2, Sub -section (e) 1 of the Code of Ordinances be revised as contained above. Motion was seconded by Councilman Lnenicka. Motion was approved 7-0. (B) Ordinance Amendment, Appendix D, Section 2, Sub -Section (d) (1) - Industrial Roadway Surfaces Councilman Newcomb made a motion that Appendix D, Section 2, Sub -section (d) (1) of the Code of Ordinances be revised as indicated below: (1) After the subgrade has been inspected and comjiaction tests approved, the ten (10) inch April 4, 1994, Council meeting - continued aggregate base shall then be installed. The aggregate base shall be inspected and compaction tests approved in the same manner as the subgrade. After the aggregate base is approved, a prime coat shall be installed at grade of .25 al/square yard with allowable time to cure. The roadway or street shall be surfaced with a minimum of three (3) inches of asphaltic base course. After the base course is inspected and approved a tack coat consisting of AC-20 at a rate of .05 gal/square yard shall be installed. The binder shall be installed and consist of 2" Type B. A tack coat shall be installed after the binder at the same rate specified. The Topping shall be installed after such tack coat and consist of a minimum of 2 inches of asphaltic concrete topping GA. D.O.T TYPE E. There shall be a minimum of two (2) foot over lap between the binder and topping All asphaltic concrete will be mixed in a asphalt plant meeting the latest requirements of the GA D.O.T. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Ordinance Amendment - Appendix D, Section 2, Sub -section (c)(3) - Residential Roadway Surfaces Councilman Newcomb made a motion that the Code of Ordinances be amended to revise Appendix D, Section 2, Sub -section (c) (3) to read as follows: (1) Roadway Surfaces. After the subgrade has been inspected and compaction tests anaroved the six (6) inch aggregate base shall then be installed. The aggregate base shall be inspected and compaction tests approved in the same manner as the subgrade. After the aggregate base is approved, a prime coat shall be installed at grade of .25 al/square yard with allowable time to cure. The roadway or street shall be surfaced with a minimum of two (2) inches of asphaltic concrete binder GA D.O.T. Type B. After the binder is inspected and approved a tack coat consisting of AC-20 at a rate of .05 ag 1/square yard shall be installed. The toping shall be installed after such tack coat and consist of a minimum of (1-1/2) inches of asphaltic concrete topping GA D.O.T. Type F. There shall be a minimum of two (2) foot over laa between the binder and topping. All asphaltic concrete will be mixed in a asphalt plant meeting the latest requirements of the Georgia State Highway Department. Councilman Patrick seconded the motion. Motion was approved 7-0. (D) Validate Petition to Annex Property on Bates Street Ms. Dameron stated the City has obtained the required number of signatures of the registered voters on Bates Street and the property to be annexed would become a part of Ward 3. The legal description of the property is as follows: All that certain property situated and being in Land Lot 664 of the 17th District and 2nd Section of Cobb County, Georgia, being Parcels 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 40, 41, 42, 47, 59, 60, 61, 62, 63, 64, 65, 66, 67, and 72, and more particularly described as follows: BEGINNING at the intersection of the eastern right of way of Davenport Street with the northern right of way of Argo Drive; thence easterly along said right of way of Argo Drive a distance of 216.4 feet to a point, said point being the POINT OF BEGINNING; thence northerly a distance of 104.7 feet to a point; thence easterly a distance of 236.5 feet to a point; thence northwesterly a distance of 137 feet to a point; thence easterly a distance of 10 feet to a point; thence northerly a distance of 100 feet to a point; thence westerly a distance of 200 feet to a point; thence northerly a distance of 206.8 feet to a point on the common lot line of Land Lots 663 and 664; thence easterly along the common lot line of Land Lots 663 and 664 a distance of 809 feet to a point; thence southerly a distance of 208.5 feet to a point; thence westerly a distance of 242.3 feet to a point; thence southeasterly a distance of 667.5 feet to a point; thence southwesterly a distance of 481 feet to a point on the northeastern right of way of Argo Drive; thence northwesterly and westerly along said right of way of Argo Drive a distance of 576 feet more or less to the POINT OF BEGINNING. Also, BEGINNING at the intersection of the northwestern right of way of Teasley Drive with the southwestern right of way of Argo Drive; thence northwesterly along said right of Aprit 4 1994 Council meeting - continued way of Argo Drive a distance of 149 feet to a point, said point being the POINT OF BEGINNING; thence southwesterly a distance of 345 feet to a point, thence westerly a distance of 218.3 feet to a point on the eastern right of way of Davenport Street; thence northerly along . said right of way of Davenport Street a distance of 337 feet to a point; thence easterly a distance of 147 feet to a point, thence southerly a distance of 62 feet to a point; thence easterly a distance of 61 feet to a point; thence northerly a distance of 30 feet more or less to a point; thence northeasterly a distance of 195 feet to a point on the southwestern right of way of Argo Drive; thence southeasterly along said right of way of Argo Drive a distance of 220 feet to the POINT OF BEGINNING. Also, BEGINNING at the intersection of the northwestern right of way of Teasley Drive with the southwestern right of way of Argo Drive; thence northwesterly along said right of way of Argo Drive a distance of 419 feet to a point; said point being the POINT OF BEGINNING; thence southwesterly a distance of 125 feet to a point; thence northerly a distance of 89 feet to a point; thence northeasterly a distance of 99 feet to a point on the southwestern right of way of Argo Drive; thence southeasterly along said right of way of Argo Drive a distance of 110 feet to the POINT OF BEGINNING. (15.5 acres) Councilman Scoggins made a motion to validate the petition to annex the above described property and set a public hearing for May 2, 1994. Councilman Newcomb seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: (A) Vac -Con Jet Truck - Public Works Department Councilman Scoggins stated the Public Works Committee had met and recommended the bid be awarded to Adams Equipment Company, the low bidder meeting specifications, for $68,279. Councilman Cramer seconded the motion. Councilman Lnenicka stated he would not support the motion due to the discussion regarding the need for this truck and stated this is the third time the truck had been bid and he felt the City should have gone with one of the other two bids. Motion was approved 6-1 with Mr. Lnenicka opposed. (B) Washer/Extractor for Fire Department Councilman Hawkins stated the Fire Committee had met and recommends the bid be awarded to Star Distributing Company, the low bidder meeting specifications, for $4,397. Motion was seconded by Councilman Wood. Motion was approved 7-0. (C) Audit Services Councilman Wood stated the Finance and Administration Committee had met and recommended the bid be awarded to Anderson -Hunt and Company for $93,650 for the fiscal years of 1994, 1995 and 1996 with an option by the City to renew for 1997 and 1998. Motion was seconded by Councilman Scoggins. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of March 21, 1994 Minutes (B) Approval of March 28, 1994 Minutes (C) Approval to Use Council Chambers - April 7, 1994, 7:00 p.m. - 8:00 p.m. - Starline Drive Residents Meeting (C) Extension of Working Hours - Ryan's Family Steak House - 725 Concord Road (D) Approval to Use Council Chambers - April 12, 1994 7:00 p.m. - 9:00 p.m. - Lexington Trace Homeowner's Meeting April 4. 1994, Council meeting - continued Councilman Wood made a motion that the consent agenda be approved. The motion was seconded by Councilman Lnenicka. Motion was approved 7-0. COMMITTEE REPORTS: Mayor Bacon stated the April issue of Atlanta Magazine was focused on the best places to live in the metro area and Smyrna was selected in the top ten choices along with Kennesaw and East Cobb in the Cobb County area. Councilman Patrick stated that on April 7, 1994, between 6:00 p.m. and 10:00 p.m. the citizens of the Falling Waters Subdivision will hold a Neighborhood Watch Program at the Community Center. He also announced the Jonquil City Garden Club has an exhibit in the Library of their floral arrangements. Mr. Patrick then called on Tonda Morris for a report on the Library. Ms. Morris stated the artwork featured this month at the Library will be by special students in the Smyrna schools and that plans for the summer reading program "The Sky Is the Limit" are underway. Councilman Newcomb called on Mary Ann White for a report on the Personnel Department. Ms. White reported that she had recently met with the City's insurance carriers and was happy to report the claims trends for Worker's Compensation were down from 14% to 3% for the first six months of FY 94; and in the area of General Liability the claims for the first six months of this year are also greatly reduced. Councilman Newcomb then made a motion to suspend the rules for the purpose of making a motion. The motion was seconded by Jim Hawkins. Motion was approved 7-0. Councilman Newcomb then made a motion to appoint William C. Mider, a resident of Countryside Condominiums, to the Smyrna Housing Authority to represent Ward 2. The motion was seconded by Mr. Lnenicka. Motion was approved 7-0. Mayor Bacon then recognized George Mercurius, the Chairman of the Smyrna Housing Authority, who was in attendance at tonight's meeting. Councilman Scoggins asked Kathie Barton for a report on the Clean City Commission. Ms. Barton reminded everyone of the "Adopt A Highway" project which is scheduled for April 9, 1994. She also announced the "Waste In The Workplace" workshop which will be held at the Community Center on April 22 from 8:00 a.m. til 12:00 Noon and encouraged all interested persons to attend. She announced the cost for the workshop is $10. Ms. Barton stressed the need for volunteers for the May 7 "Spring Into Recycling" event scheduled at Southern States Transfer Station. Councilman Hawkins called on Chief Larry Williams for a report on the Fire Department. Chief Williams reported that the Fire Department had received 865 emergency calls for the Fire Department during the first quarter of this year which represents a 34% increase in the number of emergency calls; and full emergency medical calls have increased 23%; fire calls have increased 29%; non -fire calls are up 84%; and when all calls are calculated the figures represent an overall increase of 34%. Councilman Cramer called on Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio reported that on April 9 there will be an Antique Bottle and Folk Art Show at the Community Center; on April 15 there will be a free concern by the Army Ground Forces Dixieland Band at 7:00 p.m.; on April 16 the Atlanta Doll Show and Sale will be at the Community Center. He also listed several new programs being offered through the Parks and Recreation Department: Diving, Senior Excercise Class, Roller Hockey, Roller Blading, two new aerobics classes and a pee -wee tennis class and many others. Councilman Lnenicka stated he had a copy of the Grand Jury presentments for the April 4 1994 Council meeting - continued January/February 1994 term of the Cobb County Grand Jury in reference to the Smyrna City Jail. He then read the favorable report the City Jail had received on a recent tour by the Penal Committee. He then commended the Police Department on the favorable report. Councilman Lnenicka then announced he will be hosting a Ward 6 meeting at the Community Center, in Meeting Rooms 1, 2, and 3, on April 13 at 7:30 p.m. The meeting will be to discuss the proposed rezoning and redevelopment on the west side of Atlanta Road where Creatwood Farms is located as well as on the east side of Atlanta Road and immediately adjacent to Cumberland Vail Townhomes. He urged all interested citizens to attend. Councilman Wood called on Jim Triplett for a report on the Finance Department. Mr. Triplett announced the budget preparation meetings were progressing as scheduled and thanked everyone involved for their assistance during the budget process. Mr. Triplett then expressed his condolences to Leon Callahan, a Finance Department employee, whose eighteen year old son died on April 1. With no further business the meeting adjourned at 8:35 p.m. A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK J t.NIATRICK, WARD 1 BILL SCOGGINS, VWi(D�3 RON NEWCOMB, WARD 2 JAMES M. HA ACK CRAMER, WARD 5 WADE S. CHARLES PETE WOOD, WARD 7 , WARD CKA, WARD 6