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09-19-1994 Regular MeetingSeptember 19, 1994 The regularly scheduled meeting of Mayor and Council was held September 19, 1994, 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 was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Jim Triplett, Assistant Public Works Director Ray Curtis, Police Chief Stan Hook, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathie Barton, Clean and Beautiful Coordinator Ann Kirk, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Inspector Scott Stokes and representatives of the press. Invocation was given by Steven Kimmel, pastor of the Smyrna First Baptist Church, followed by the pledge to the flag. CITIZEN'S INPUT: Mayor Bacon asked if there were any citizens present who would like to comment during the citizens input portion of the meeting. Mayor Bacon recognized Charles Tanksley, who is a candidate to fill the unexpired term of Senator Hugh Ragan who will be resigning after the November election. Mr. Tanksley announced his candidacy for this upcoming vacancy. Mayor Bacon then recognized Randy Sauder, candidate for the 29th District House of Representatives. Mr. Sauder urged everyone to vote in the November 8, 1994, election. Mr. Linnwood Gunn, Brock & Clay Law Firm, came forward to speak about the proposed annexation of Island 21 which is item 3-D on the agenda. Mayor Bacon informed Mr. Gunn he would have an opportunity to discuss this issue later in the meeting. Ms. Charlene Nix came forward and reminded everyone of a meeting of the Friends of the Smyrna Library scheduled for September 22, 1994, at 7:30 p.m. in the Library and urged everyone who is interested in becoming a part of this group to attend the meeting. Mr. Billy Fisher, 907 Turner Drive, came forward and stated he is opposed to the possibility of his neighborhood being annexed into the city. He further stated he had received a letter from the City asking him if he would like his property annexed into the City. Councilman Newcomb explained it was a letter mailed from the Annexation Coordinator explaining the benefits of being annexed into the City and there was no action being taken tonight on this issue. Councilman Cramer stated the purpose of possibly of annexing this property, under OCGA 36-36-6, is for clarity of jurisdictional areas. PUBLIC HEARINGS: (A) Variance Request - 3027 Vineyard Way to Reduce the Side Yard Setback from 20 Feet to 15 Feet Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the granting of this variance request at 3027 Vineyard Way to reduce the side yard setback from 20 feet to 15 feet. There was no opposition. Councilman Cramer asked Mr. Charles Jackson, the builder, to briefly explain the variance request. Mr. Jackson stated the variance request is necessary to allow him to build the home on the lot. The lot is too small for the home with the side yard setback being 20 feet and if he could move the house five feet closer to the curb, he could build the house keeping the same distance between the other homes. Mr. Jackson stated the average square footage of the home is 2,000. Councilman Cramer made a motion the variance request at 3027 Vineyard Way to reduce the side yard setback from 20 feet to 15 feet be approved. The motion was seconded by Councilman Scoggins. Motion was approved 7-0. (B) Variance Request - 6009 Bordeau Walk to Reduce the Side Yard Setback from 20 Feet to 15 Feet September 19, 1994 meeting - continued Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the granting of the variance request at 6009 Bordeau Walk to reduce the side yard setback from 20 feet to 15 feet. There was no opposition. Councilman Cramer asked Mr. Charles Jackson, the builder, to explain why the variance is necessary. Mr. Jackson explained the lot is a corner lot and is too small to accommodate the house and needs the additional footage in order to build the home on the lot. Councilman Cramer made a motion the variance request at 6009 Bordeau Walk to reduce the side yard setback from 20 feet to 15 feet be approved. Motion was seconded by Councilman Newcomb. Motion was approved 7-0. (C) Alcoholic Beverage License - Retail Pouring of Beer and Wine - 2365 South Cobb Drive - Skip's Bar-B-Q Lexington Style Mayor Bacon stated it was his understanding the City had received a letter from Beverly V. Hendrix, Skips Bar-B-Q Restaurant, withdrawing this application. Mayor Bacon asked Mr. Camp if there is any action the City is required to take on this issue. Mr. Camp stated since the hearing had been advertised, the Council should formally allow the withdrawal of the application. Mayor Bacon asked if there was anyone present who had an interest in the license request. There was no one present. Councilman Cramer made a motion the alcoholic beverage license request for the retail pouring of beer and wine at Skips Bar-B-Q, 2365 South Cobb Drive, be withdrawn without prejudice. Councilman Hawkins seconded the motion. Motion was approved 7-0. (D) Annexation of Unincorporated Island - Land Lot 629, Parcel I Mr. Thomson stated the notices have been mailed to the owners of the unincorporated island on Atlanta Road, Land Lot 629, Parcel I and further explained the island contains a total of 9.183 acres. The owners of record for this parcel are identified as Arthur L. Crowe, Jr., and Edith C. Ingram. Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the annexation of this property. There was none. Councilman Lnenicka stated this property is located on the east side of Atlanta Road across from Creatwood Farms and Brawner's Hospital. He further stated he feels the owners will be coming back before the Mayor and Council at the October 3, 1994, meeting requesting a rezoning of the property for condominiums. He also stated this property will go before the Planning and Zoning Board on September 26, 1994, at 5:30 p.m. Mr. Lnenicka stated the City is proud to have this property in the city and made a motion that the property located in Land Lot 629, Parcel 1, (which extends into Land Lot 630) be annexed into the City of Smyrna to become a part of Ward 6 with an effective date of September 30, 1994. Councilman Wood seconded the motion. Motion was approved 7-0. (E) Annexation of Property Located in Island 21 - Smyrna Roswell Road/McCoba Drive Mr. Thomson stated notices have been mailed to the owners of parcels identified as Island 21 in the Smyrna -Roswell Road/McCoba Drive area. He further stated this island contains a total of 17 parcels; 10 of which are residences, one church and one business complex. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the annexation of the property located in Island 21 - Smyrna -Roswell Road/McCoba Drive area. Mr. Linnwood Gunn, of Brock & Clay Law Firm, came forward. Mr. Gunn stated some of the parcels involved in the proposed annexation are Parcels 27, 28, 31, 32 and 34 and are commercial warehouses and he is here to represent the owner's, Newburger-Andes Company. He stated Newburger-Andes has been a good neighbor and citizen in this property for fifteen years and has not required any great services to speak of during that time - no fire calls, little or no police calls to that location and asked that the Council reconsider the annexation of these properties. He further stated his firm was attempting to discover if this property would fit into the island statute that the legislature authorized and felt there was some question as to whether all these properties were contiguous with City properties. He stated Hawthorne Road came up as a possible county road and if it is a county road that might make this parcel not fit within that statute. He then asked the council to reconsider the propriety of this and if that is not possible to postpone a decision this evening until it could be determined whether it fits into the statute which authorizes the annexation of the fifty acres or less. Councilman Newcomb stated the committee has worked with city staff, including the City attorneys and the City Clerk's office, and all the evidence presented clearly indicates this property is an island that September 19, 1994 meeting - continued meets the requirements of OCGA 36-36-6. Ms. Bobbie Crider, 1680 Smyrna Roswell Road, came forward and stated her opposition to her property being annexed into the City. She further stated she had been approached in 1992 to annex her property into the City and she did not want to be annexed into the City then nor does she want to become a part of the city now. She cited the increased taxes as one of her reasons for not wanting to be a part of the city. Councilman Newcomb stated it is the intent of the Mayor and Council to resolve jurisdictional problems for the city and county and for purposes of equity. Ms. Crider made a request that if this property is annexed into the City that all the other islands also be annexed. Councilman Newcomb made a motion that the property identified as being in Island 21, Smyrna -Roswell Road/McCoba Drive be annexed into the city as a part of Ward 3 pursuant to Section 36-36-92 of OCGA to become effective September 30, 1994 subject to approval of the U.S. Justice Department Voting Rights Act of 1965. Councilman Scoggins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Appointment to Housing Authority - Ward 5 Councilman Cramer announced that Diane Helveston has agreed to serve as the Ward 5 appointee to the Smyrna Housing Authority. Mr. Cramer then made a motion that Ms. Helveston be the Smyrna Housing Authority representative for Ward 5. Motion was seconded by Councilman Newcomb. Motion was approved 7-0. (B) Validate Petition to Annex Property at 3793 North Cooper Lake Road Mr. Thomson stated Ronald Wayne and Elise A. Trumble have requested annexation of their property at 3793 North Cooper Lake Road. He further stated the property is located in Land Lots 337, 338 and 384 and contains a total of 2.66 acres at the corner of North Cooper Lake and Austin Drive. The legal description is as follows: All that certain property situated and being in Land Lots 337, 338, and 384 of the 17th District and 2nd Section of Cobb County, being Parcels 8 and 75 in Land Lot 384, and more particularly described as follows: BEGINNING at the intersection of the eastern right of way of North Cooper Lake Road with the southern right of way of Austin Drive, said point being the POINT OF BEGINNING; thence easterly along said right of way of Austin Drive a distance of 332 feet to a point; thence southerly a distance of 344 feet to a point; thence westerly a distance of 330 feet to a point on the eastern right of way of North Cooper Lake Road; thence northerly along said right of way of North cooper Lake Road a distance of 378 feet to the POINT OF BEGINNING. Councilman Wood stated he and Ken Hildebrandt, the City Engineer, have met with Mr. and Mrs. Trumble on numerous occasions and they have requested their property be annexed into the City. Mr. Wood made a motion to validate the petition to annex the property at 3793 North Cooper Lake Road and set a public hearing date for October 17, 1994. Motion was seconded by Councilman Lnenicka. Motion was approved 7-0. (C) Bid Opening (Bid 94012) - Annual Report for Public Relations Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Complete Printing Service Smyrna, GA $7,090 Optional Charges $ 3,050 (A) $ 2,090 (B) Total Delivered Price $12,230 September 19, 1994 meeting - continued Newsletters Plus Tucker, GA Graphic Works Atlanta, GA Sciz Printing Acworth, GA $18,200 (A) $15,500 (B) $ 3,000 (Concept) $ 8,400 (Printing, bindery) $ 6,715.88 (Base quote) $ 5,815.88 (Mac Disk) Franklin Printing Smyrna, GA $17,263.05 Stein Printing Company Atlanta, GA $ 9,712 (4/4 Version) $ 7,872 (2/2 Version) Typesetting & Layout Design $ 3,500 Other Specifications (4/5 Photos) $ 89/each Duo Tones 27/each Varnish on the cover 250 6 x 9 Photo $ 105/each Duo Tones $ 48/each Varnish on photos $ 1,200 8.5 x 11 in color $ 150/each Duo Tones $ 89/each CG Creative Decatur, GA $ 9,760 (Version A) Design & production services $ 6,535 Total Delivered Price $16,295 Councilman Hawkins noted CG Creative also submitted Versions B and C to the base price which would change all the numbers in their quote, but he did not read them as the bids will be turned over to the appropriate committee for their review. Councilman Wood made a motion the bids be turned over to the Finance and Administration Committee for their review with a recommendation to be brought back to council at the October 3, 1994, meeting. Motion was seconded by Councilman Cramer. Motion was approved 7-0. (D) Bid Opening (Bid 94015) - Street Resurfacing Project for the City of Smyrna Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Baldwin Paving, Co., Inc. Marietta, GA $357,352.20 Bankhead Enterprises Atlanta, GA $347,920 E. R. Snell Contractor, Inc. Snellville, GA $306,945 APAC Georgia, Inc. Smyrna, GA $291,036.85 Stewart Brothers, Inc. Doraville, GA $303,620 C. W. Matthews Contracting Co. Marietta, GA $302,844 Councilman Scoggins made a motion the bids be turned over to the Public Works Department for their September 19, 1994 meeting - continued review with a recommendation to be brought back to the council at the October 3, 1994, meeting. Motion was seconded by Councilman Hawkins. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Vehicles for Parks and Recreation Department Councilman Cramer stated the bid for the vehicles for the Parks and Recreation Department which was awarded at the last council meeting was incorrect. Mr. Cramer stated the bids should have been for 1994 model vehicles but the bid stated 1995. Councilman Cramer it would save the city money if the bid is for 1994 model vehicles. Councilman Cramer made a motion to reject all bids received for 1995 vehicles and go out for bids for 1994 vehicles. Councilman Hawkins seconded the motion. Motion was approved 7-0. Councilman Cramer made a motion that the city rebid the vehicles for the Parks and Recreation Department for 1994 model vehicles. Councilman Newcomb seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of September 6, 1994, Minutes (B) Approval to Request Bids for Construction of Center Turn Lane on Concord Road at North Cooper Lake Road (C) Approval to Request bids for Water and Sewer Line Installation (D) Approval to Request Bids for Curb and Gutter and Sidewalk Installation (E) Approval to Request Bids for Service Truck for Water/Sewer Department (F) Approval to Purchase File Server for Court Services Department (G) Approval to Request Bids for Personal Computer Maintenance Contract Councilman Scoggins made a motion the consent agenda be approved. Motion was seconded by Councilman Wood. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Patrick asked Laurel Best for a report on the Library. Ms. Best reminded everyone of the organizational meeting of the Friends of the Smyrna Library to be held September 22, 1994, at 7:30 p.m. at the Library and urged anyone interested in attending to please do so. Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms. White stated the recruitment efforts for the police and fire departments is going very well. Ms. White stated she had received 141 police applications and 129 of those candidates sat for the test on September 10; and 94 applications were received for the fire department and 76 of those candidates sat for the test September 17. Ms. White expressed her appreciation not only to Chief Hook and Chief Williams but also to other staff members for their support and assistance. Councilman Newcomb commended Ms. White and her department for their excellent handling of this process and stated it had been handled very professionally and he was very pleased with the manner in which it has been handled. Councilman Lnenicka expressed his appreciation to Ms. White for the work she has done in conjunction with the testing for the police and fire departments applicants. Ms. White announced there is one Laborer 11 position open in the Facilities Division of the Parks and Recreation Department. Councilman Newcomb stated he had met with the Cobb D.O.T. last week and reviewed the Spring Road plans and that he was pleased with the plan thus far. He further stated they have completely abandoned any notion of a reversible lane and making the road into a super highway and instead there will be the two lanes each way, a median that can be landscaped and will be very attractive and will enhance the character of the road and the neighborhoods and businesses around it. September 19, 1994 meeting - continued Councilman Scoggins asked Kathie Barton, Public Relations Director, for a report. Ms. Barton announced her department had produced ten flyers with one being in the last water bill mailed to our citizens. Councilman Scoggins asked Ann Kirk for a report on the Clean and Beautiful Department. Ms. Kirk reported the curbside recycling participation rate was 79%. Ms. Kirk also stated the Fall Into Recycling program is scheduled for October 8 but that they would not be accepting aerosol cans or pesticides at the time; October 15 is scheduled for the Adopt A Mile program and urged anyone who wished to volunteer for these projects to contact her; and the jonquil bulb sales will begin October 1. Ms. Barton announced the city had recently been awarded second place, the Silver Circle Award, for our citizens survey at the City County Communications and Marketing Association out of Washington, DC. Councilman Scoggins asked Assistant Public Works Director Ray Curtis for a report. Mr. Curtis reported the Bates Street curb and paving project had been completed, Chateau Walk creek project has been completed, Heathridge Court completed curb and landscaping, Glenroy Place project is 75% complete and Parkway Drive is almost complete, Gordon Circle project completed. Councilman Hawkins asked Chief Larry Williams for a report on the Fire Department. Chief Williams announced the Smyrna Fire Department will begin delivering advanced life support services with our two rescue units. Chief Williams reported that basic life support services have been available for some time but now the rescue units can provide advanced life support services. Councilman Hawkins read a letter from Karen and Jerry Walters regarding fund raising for the Cystic Fibrosis Association and urged everyone to contribute to this worthwhile cause. Councilman Cramer asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio stated the Douglas County Health Department and the Parks and Recreation Department is sponsoring a Breast Test Seminar on September 21, 1994, for senior citizens; and on September 24 the City is sponsoring a free gospel concert at Rose Garden Park at 7:00 p.m. Councilman Cramer complimented Mr. Ciaccio on the appearance of the parks. Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook reported on the crime statistics for the month of August. Councilman Lnenicka complimented Chief Hook on the fine work the police department is continuing to perform Councilman Lnenicka expressed his appreciation to City Engineer Ken Hildebrandt for his assistance this morning relative to street problems in the Cumberland Vail complex on Creatwood Circle. Councilman Lnenicka then stated that on the property owned by Arthur Crowe and Edith Ingram annexed earlier tonight, located on the east side of Atlanta Road across from Brawners, directly north of Cumberland Vail Townhomes, the owners do plan to come before the Planning and Zoning Board at 5:30 p.m. on September 26, 1994, at City Hall to talk about rezoning for condominiums with garages and expects to have an application come before the Mayor and Council at the October 3 meeting. He urged anyone who might have questions concerning this property to please call him. Councilman Wood asked Jim Triplett for a report on the Finance Department. Mr. Triplett announced the Capital Improvements Plan will begin this week. Ms. Dameron reported that the Crow property rezoning will be on the agenda for the October 17 council meeting and not the October 3 meeting as Mr. Lnenicka reported. M�. Dameron explained the Planning and Zoning Board would not have time to run the required ads if the rezoning request was held on October 3. With no further business, the meeting adjourned at 9:07 p.m. September 19, 1994 meeting - continued W�00-C- A. MAX BACON, MAYOR 104FIR1010=77157 ABILL SfOG—GIN�SD 3 JACK CRAMER, WARD 5 f CHARLES PETE WOOD, WARD 7 X f)AMERON, CITY CLERK RON NEWCOMB, WARD 2 JAMES M. HA KINS /,,WARD 4 WAADE S. L ENICKA, WARD 6