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11-01-1993 Regular MeetingNovember 1. 1993 The regular scheduled meeting of Mayor and Council was held November 1, 1993 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, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt, Building Inspector Scott Stokes, Personnel Director Mary Ann White, Finance Director Jim Triplett, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, Police Chief Stanley Hook and representatives of the press. Invocation was given by Edwin Clack Sr., pastor of Central Baptist Church followed by the pledge to the flag. Citizens Input: Councilman Ron Newcomb read a proclamation for American Education Week, November 14-20, 1993, and presented it to Betty Turley, President of the American Legion Ladies Auxiliary. Councilman Wade Lnenicka read a proclamation for Poppy Day, November 6, 1993 and presented it to Betty Turley. PUBLIC HEARINGS: (A) Annexation of property at 719 Austin Drive Councilman Wood stated that a letter was received today from Robert and Sharon Teem requesting that their annexation petition be withdrawn. Councilman Wood made a motion the annexation be removed from the agenda. Councilman Hawkins seconded the motion which carried 7-0. (B) Transfer of agent/owner for retail package sale of beer and wine - Cumberland Amoco Charles David Lacy requested a change in agent for the retail package beer and wine license at Cumberland Amoco, 2535 Cobb Parkway. Cumberland Amoco has been in business since 1979 and has previously been licensed to sell beer and wine. The police investigation was favorable and there was no opposition from the audience. Councilman Patrick stated that the investigation revealed nothing to preclude Mr. Lacy from holding the license and made a motion it be approved, seconded by Councilman Bill Scoggins. Councilman Hawkins asked Mr. Lacy if he had ever held an alcoholic beverage license. Mr. Lacy replied that he had not, but he had reviewed the ordinance as they pertain to the sale of alcoholic beverages in the City and understood that he would be the person responsible for any violations. Councilman Hawkins asked about the employee training program. Mr. Lacy said he would review the ordinance with his employees and also had other managers who were more experienced who would help him. Councilman Wood asked if Cumberland Amoco had continuously been licensed for the sale of beer and wine for the last few years. Mr. Lacy said they had not, this is in effect a new license and new agent for the location. Councilman Newcomb asked Mr. Lacy if he had ever applied for or held an alcoholic beverage license. Mr. Lacy replied that he had not, although the corporation held several other licenses in the Atlanta area. Councilman Newcomb asked about the hours of operation for the sale of alcoholic beverages. Mr. Lacy said they would sell until 2:00 a.m. weeknights, and 11:45 p.m. Saturday. Councilman Newcomb said the application seems to be in order except for an internal procedural matter in the Police Department investigation. Councilman Newcomb said he would prefer that the Police Department list individually all persons who are listed as owners and investigated. The investigation letter did indicate that they found nothing to preclude the issuance of the license but because of the omission of those names, would vote against the license. Councilman Lnenicka asked Mr. Lacy what his position was with Cumberland Amoco. Mr. Lacy said he was one-third owner and would also be the on site manager. Councilman Lnenicka asked Mr. Lacy to please ensure that his employees were diligent in checking identification and enforcing all other aspects of the ordinance. With no further discussion vote on the motion to approve carried 6-1 with Councilman Newcomb opposed. November 1. 1993 meeting - continued FORMAL BUSINESS: (A) Bid opening - replacement carpet for meeting rooms 1, 2 and 3 and hallway of Community Center Bid packets were mailed to twenty vendors, but no bids were received. Councilman Cramer made a motion the Parks and Recreation Committee negotiate with a local vendor to obtain carpet needed, within the budgeted amount. Councilman Scoggins seconded the motion which carried 7-0. (B) Appointment of Civil Service Board Clerk Councilman Jim Hawkins made a motion that Personnel Officer Mar-D Kilgore be appointed as Clerk of the Civil Service Board. Councilman Cramer seconded the motion which carried 7-0. (C) Validate petition to annex property - Land Lot 545 - Highlands Parkway Burl T. Horton, President of S. G. Torrey, Inc., requested annexation of 2.42 acres on Highlands Parkway, being a vacant lot adjoining their other property already in the City, more particularly described as follows: BEGINNING at the point of intersection of the southern right of way line of Camp Highland Road and the western land lot line of Land Lot 546 of said district and section and run thence south 00 degrees 32 minutes 31 seconds east along the western land lot line of Land Lot 546 and the western land lot line of Land Lot 545 a distance of 134.92 feet to a point; thence continuing south 00 degrees 37 minutes 45 seconds west along the western land lot line of Land Lot 545 a distance of 43.10 feet to the TRUE POINT OF BEGINNING; running thence south 89 degrees 12 minutes 48 seconds east a distance of 254.27 feet along the lot dividing the within described property from that now or formerly owned by Rodney N. Vollrath to an iron pin; thence continuing south 89 degrees 15 minutes 37 seconds east a distance of 90.20 feet along the line dividing the within described property from that now or formerly owned by Douglas E. Vollrath to a 3/4 inch pipe; running thence south 09 degrees 04 minutes 31 seconds west a distance of 345.02 feet along the line dividing the within described property from that now or formerly owned by James E. Allen and that now or formerly owned by Laing Properties, Inc. to a 1/2 inch reinforcing bar; running thence north 86 degrees 09 minutes 26 seconds west a distance of 287.09 feet along the line dividing the within described property from that now or formerly owned by Thomas Gorin to a one inch pipe located on the western land lot line of Land Lot 545; running thence north 00 degrees 37 minutes 45 seconds east a distance of 326.13 feet along the line dividing the within described property from that now or formerly owned by S. G. Torrey to the TRUE POINT OF BEGINNING. Said property contains 2.42 acres as per survey prepared by Gaskins surveying Company, dated August 27, 1993, revised September 28, 1993, and being entitled boundary survey for S. G. Torrey Atlanta, Ltd. Witness the hands and seals of 60% of the record title holders of the land described above: s/BURL T. HORTON, PRESIDENT, S. G. TORREY ATLANTA, LTD. Councilman Pete Wood made a motion the petition be validated and a public hearing set for December 6, 1993. Councilman Hawkins seconded the motion which carried 7-0. (D) Sewer easement swap - Walton Park Apartments Councilman Hawkins stated that there are two sewer lines on the property which is currently under development by Walton Park Apartments on South Cobb Drive at Wisteria Lane. One is an old line which serves only a few homes in the Alpine Drive area. Barry Teague is asking that this line be abandoned and the easement conveyed to them. Their development and the other homes utilizing the old line will be tied into the new line which was installed several years ago. The old line will be removed before anything is built over the easement. Councilman Hawkins said he had advised Mr. Teague before construction began that he would not entertain a,variance on the development which would cause the buildings to be any closer to homes on Alpine Drive and also did not think it would be wise to move the buildings any closer to South Cobb Drive. Councilman Hawkins said this may be the best solution, by allowing them to build over the old easement but wanted to be sure that it was done properly and that there are no future problems from ground settlement. Ken Hildebrandt said they will require that the old line be removed before building and he could not foresee any problems. Councilman Hawkins also suggested that we have wording in the contract that would hold the City harmless in the event there are future problems. Mr. Hildebrandt said this swap was actually saving us from future liability because the line they are removing is very old and it will be in November 1. 1993 meeting - continued our best interest to eliminate it now before it requires costly maintenance or repair. Councilman Lnenicka asked if there would be any problems with adequate flow because of the angles of the line where it ties in. Mr. Hildebrandt said there would not be, because the entire line runs downhill. Councilman Lnenicka asked Mr. Hildebrandt if the new line would be comparable in quality and he replied that it would be ductile iron pipe installed by the developer, at no cost to the City. After further discussion Councilman Hawkins made a motion the sewer easement swap be approved with the understanding that all cost will be borne directly by the developers and that the City will be held harmless from damages that might occur. Councilman Wood seconded the motion which carried 7-0. (E) Business license fee revision Councilman Wood stated there are several categories that the Committee is still reviewing and made a motion the schedule be tabled to the November 15 meeting which will allow the Business License Department time to make necessary changes. Councilman Hawkins seconded the motion which carried 7-0. (F) Ordinance amendment - Section 16-2 - regulation of conduct in city parks Councilman Jack Cramer made a motion the Code of Ordinances be amended by deleting sub -paragraph (b) of Section 16-2 and replacing with the following new section: Section 16-2. Regulation of Conduct in City Parks (b) Powers of park rangers and police. Within the City of Smyrna, Park Rangers shall have the powers of arrest, concurrent with the powers of the Smyrna Police Department for violations of any ordinance of the City of Smyrna or State laws, and in addition, shall have the powers to eject any citizen or park participant from the park or public facility for violation of any rule or regulation of the Smyrna Parks and Recreation Department. This amendment will give the Park Rangers, who are POST certified, the same powers of arrest as a Police Officer. Councilman Hawkins seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: NRH Enterprises requested a permit for a temporary emission inspection station at the Kroger Shopping Center. Councilman Hawkins made a motion the permit be approved. Councilman Cramer seconded the motion which carried 7-0. BID AWARDS: (A) Garbage truck chassis for Public Works Department Councilman Wood made a motion the bid be awarded to Fouts Brothers, the low bidder meeting specifications at $45,491. Councilman Cramer seconded the motion which carried 6-0 with Councilman Scoggins abstaining. (B) John Deere 410D backhoe/loader for Public Works Department Councilman Scoggins made a motion the bid be awarded to Metrac, the low bid at $61,260. Councilman Hawkins seconded the motion which carried 7-0. (C) Jet truck for Public Works Department Vic Broyles stated the low bid for this equipment did not meet specifications and after further consideration, felt the bid should have included a trade-in price for the old model. Councilman Scoggins made a motion the bids be rejected and re -bid. Councilman Wood seconded the motion which carried 7-0. CONSENT AGENDA: (A) Approval of October 18, 1993 minutes (B) Budget transfer - Funding of Sunday hours at Library (C) Request approval to bid HVAC services - city owned buildings November 1. 1993 meeting - continued Councilman Scoggins made a motion the consent agenda be approved. Councilman Hawkins seconded the motion which carried 7-0. COMMITTEE REPORTS: Councilman Lnenicka read letters of commendation from residents for Officers Randy Dobson, Steve Nettles, Doug Carlson and R. L. Harvey. Councilman Lnenicka expressed his appreciation to Commissioner Joe Lee Thompson for assisting in a problem at Cumberland Vail recently where trees were removed by Georgia Power to install power lines, before obtaining proper easements. Councilman Lnenicka reminded everyone of the Cobb County DOT meeting tomorrow night at the Community Center from 5:00 to 9:00 p.m. to talk about current and future road plans. From 5:00 to 7:00 p.m. will be an open meeting with a slide presentation from 7:00 to 9:00 p.m. Written comments may be submitted throughout the evening. Councilman Lnenicka said he was still very much concerned with the proposed ending of the East/West Connector at South Cobb Drive and would be at the meeting to express his feelings. Councilman Wood called on Jim Triplett for a report from the Finance Department. Mr. Triplett said we have begun receiving the property tax billings totaling $6.5 million and today we have collected just over $2.9 million. November 8th is the deadline for payment. The Finance Department is also doing preparatory work for billing 1994 business licenses. Councilman Cramer called on Steve Ciaccio for a report from the Parks Department. Mr. Ciaccio thanked the elected officials who worked to judge the costume contest at the Halloween Carnival and reminded everyone that the annual Mistletoe Market is scheduled for November 18-20. Councilman Patrick expressed his appreciation to Claire Isanhour who recently made a donation of $440 to the library for the purchase of Passengers and Immigrations List Index. Laurel Best reported that Kimberly Seale is the artist of the month and the book discussion group meets November 2nd. Ms. Best reminded everyone that next Sunday the Library will be open for the first time, from 1:00 to 6:00 p.m. Councilman Hawkins asked Ms. Best if business owners were also eligible for library cards. Ms. Best said that anyone who either lives, owns a business or rental property in the City is eligible for a library card. Non-resident fees are also still available. Councilman Newcomb called on Mary Ann White for a report from Personnel. Ms. White expressed her appreciation for the kindnesses shown to her recently after the passing of her father. Councilman Newcomb read a letter from a resident of Glenroy Drive commending Vic Broyles and Public Works crews for the good job they did with the curbing project in their neighborhood. Councilman Scoggins called on Kathy Barton for a report from Community Relations. Ms. Barton stated the "Fall Into Recycling" program will be this Saturday at Southern States, and 18 different types of materials will be accepted that normally are not accepted for recycling, including styrofoam, tires, etc. With no further business, meeting adjourned at 8:28 p.m. MELINDA DAMERON, TY CLERK n