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01-17-1995 Regular MeetingJanuary 17, 1995 The regular scheduled meeting of Mayor and Council was held 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 Claudia Edgar, Assistant Public Works Director Ray Curtis, Police Major Kent Sims, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathie Barton, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. Invocation was given by Reverend Robert Wardlaw, pastor of Spring Street Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Representative Randy Sauder. Mr. Sauder stated one bill of interest in the house is the possible repeal of HB362 which covers the new business license fee structure. He also gave his phone number to the public and urged anyone who needed to contact him to please do so. Mayor Bacon recognized Bette Goggans, unsuccessful candidate for the 32nd District Senatorial seat. Ms. Goggans thanked all those who voted in the election. PUBLIC HEARINGS: There were no issues to be discussed. FORMAL BUSINESS: (A) Approve Resolution to Continue Participation in the GMA Lease Pool Agreement Mr. Thomson stated this is a yearly requirement for the Mayor and Council to execute the resolution for continued participation in the Georgia Municipal Association's lease pool agreement which provides a very competitive rate with no obligations to incur indebtedness or to enter into any lease. Councilman Wood stated that the city has been participating in this program for several years and it is a method by which the city can acquire equipment at a lower cost. Mr. Wood stated that in order to continue participation in this program for 1995, the council needs to adopt a resolution that basically says the city will renew its participation in the GMA Lease Pool for the 1995 calendar year. Mr. Wood stated he would not read the document, as it is quite lengthy, but stated it will be on file in the office of the City Clerk and will be made a part of these minutes. Mr. Wood further stated the city of Smyrna's appropriated amount for the year ending December 31, 1995, is $132,135.74, and as part of the resolution the city must do two things: renew the participation and approve the appropriation for the calendar year 1995. Councilman Wood made a motion the resolution to continue participation in the GMA Lease Pool Agreement be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Appointments to Clean City Commission - Wards 2 and 7 Councilman Newcomb stated Pam Richmond would be unable to continue as the Ward 2 Clean City Commission representative due to increased work responsibilities and made a motion that Dell Holmes be approved as the Ward 2 representative to the Clean City Commission. Councilman Cramer seconded the motion. Motion was approved 7-0. Mr. Newcomb then expressed his appreciation to Ms. Richmond for her efforts while on the commission. Councilman Wood made a motion that Sue Brissey be approved to continue serving as the Ward 7 representative to the Clean City Commission. Motion was seconded by Councilman Hawkins. Motion was approved 7-0. (C) Appointments to Planning and Zoning Board - Wards 4 and 7 Councilman Hawkins made a motion that the reappointment of Ottis Cheatham be approved to serve as the Ward 4 representative to the Planning and Zoning Board. Councilman Cramer seconded the motion. Motion was approved 7-0. January 17 1995 meeting - continued Councilman Wood made a motion that the reappointment of John Hicks be approved as the Ward 7 representative to the Planning and Zoning Board. Councilman Scoggins seconded the motion. Motion was approved 7-0. (D) Approval of Transfer of Ownership - Fox Creek Golf Course Mr. Thomson stated that Club Development Associates is requesting approval of transfer of ownership for Fox Creek from Executive Golf Associates to Club Development Associates. Councilman Wood stated that for a number of years the city has had a franchise agreement with Executive Golf, Inc. to operate Fox Creek Golf Course. He further stated the agreement between the City of Smyrna and Executive Golf, Inc., provides that any change of ownership must be approved by the City of Smyrna. He also said the current ownership has approached the city and asked them to officially transfer the concessions development agreement. Councilman Wood made a motion that the city consent to the transfer of ownership of Fox Creek from Executive Golf, Inc., to Legacy Windy Hill Limited Partnership and stated that all conditions under that contract would remain in effect with some conditions that have been granted by the acquirers of this course and all the rights that were previously in the contract relative to the city, such as the city having the right to approve annual fee increases over 10%, the city will continue to receive their compensation under the agreement through the year 2019, and no name change is planned for Fox Creek. He further indicated this partnership will operate both courses. He then stated he was making a motion to authorize the Mayor to sign the appropriate documents to effect this consent by the city to the transfer of ownership of Fox Creek. Councilman Cramer seconded the motion. Councilman Wood then stated the agreement would be subject to certain language changes being approved by the city attorney. Councilman Hawkins then stated that there would be no major changes to Fox Creek. He also stated the city resident discount would still apply to Fox Creek Golf Course. Motion was approved 7-0. Mayor Bacon stated the major issue the city has been assured of, is the citizens will not know of a change, it will be the same as it has always been. COMMERCIAL BUILDING PERMITS: (A) Temporary Building Permit - Covered Bridge Emissions - 2863 Atlanta Road Councilman Scoggins stated the applicants are withdrawing this commercial building request and made a motion this building request be withdrawn without prejudice. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Building Permit - Leslie Contracting - Media Play - 2540-D Hargrove Road (Heritage Pavilion) Councilman Patrick stated he has studied the issue and the synopsis and feels the Media Play would be a welcome addition to the Heritage Pavilion Shopping Center. He then made a motion the commercial building permit for Leslie Contracting - Media Play at 2540-D Hargrove Road be approved. Councilman Scoggins seconded the motion. Mayor Bacon stated for the record the estimated construction cost for this project is approximately $1.5 million and will be a welcome sight. Motion was approved 7-0. (C) Building Permit - Leslie Contracting - PetSmart Retail Store - 2540-B Hargrove Road (Heritage Pavilion) Councilman Patrick stated he is familiar with PetSmart and the merchandise they carry. He further stated he felt this too would be a welcome addition to the Heritage Pavilion Shopping Center. Councilman Patrick made a motion the commercial building permit for Leslie Contracting - PetSmart Retail Store at 2540-B Hargrove Road be approved. Motion was seconded by Councilman Cramer. Mayor Bacon stated the estimated cost of construction for this project is $900,000. Motion was approved 7-0. January 17 1995 meeting - continued BID AWARDS: (A) Self Contained Breathing Apparatus (Fire Department) Councilman Hawkins stated two bids were received for the self contained breathing apparatus for the Fire Department and it is the recommendation of the Fire Committee to award the bid to Fisher Safety America, which is located in Smyrna, and were the low bidder at a cost of $18,603. Councilman Wood second the motion. Motion was approved 7-0. (B) Service Truck for Public Works Department Councilman Cramer stated bids were received in November and the service truck was declared surplus at that time. He further stated the bid had been awarded to Carl Black Buick, the low bidder; however, they have not met the required delivery date and as a result of that no truck has been delivered. Councilman Cramer made a motion the bid be awarded to the next lowest bidder, Smyrna Truck Body Equipment at a cost of $26,783. Councilman Wood seconded the motion. Motion was approved 6-0 with Councilman Scoggins abstaining. CONSENT AGENDA: (A) Approval of January 3, 1995, Minutes (B) Approval to Use Council Chambers January 22, 1995, for Ward 6 Meeting (6:30 p.m. - 9:00 p.m.) (C) Approval to Request Bids for Field Rake Renovator (D) Approval to Request Bids for Tolleson Park Mechanical Room (E) Approval of Fire Arm Exchange - Police Department (F) Approval of Resolution to Condemn Property - Atlanta Road, LL 520, Parcels 27, 28 and 29 (G) Temporary Road Closure (Two Roads) - From January 30, 1995, to February 25, 1995, for the Jones Shaw Road Widening Project (Old Concord Road (just south of Jones Shaw Road) and Benson Poole Road (just north of Jones Shaw Road) (H) Approval to Request Proposals for Construction Management Services Councilman Hawkins stated he would like to suspend the rules to allow for the addition of an item to the consent agenda. Mr. Hawkins stated he would like to add a petition and request for the installation of three-way stop signs on Bank Street at Hamby Street for a 90-day trial period as item 7-I. He further stated the stop signs will hopefully help alleviate speeding on Bank Street. Councilman Hawkins then made a motion the consent agenda be approved. Councilman Newcomb seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Patrick asked Laurel Best for a report on the Library. Ms. Best stated the tickets are now on sale for the mystery dinner theater at a cost of $15 each. The mystery dinner theater will take place on February 17 at 7:00 p.m. at the Community Center. She further stated there will only be 100 tickets sold. The proceeds from the sale of these tickets will benefit the Friends of the Smyrna Library. Ms. Best also urged everyone to come see the art that is currently on display by Rosemary Woods and Jessie Cash at the Library. Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms. White congratulated Claudia Edgar on her recent appointment as the Finance Director. Ms. White then also reported there are two job openings in the E-911 Center for Communications Operators and stated the deadline for submission of applications is January 20, 1995, at 5:00 p.m. Councilman Newcomb then asked Scott Stokes for a report on the Community Development Department. Mr. Stokes reported the inspections at Kingstowne Apartments are approximately 50% completed and the management company is not working very well with the City. He stated the management company has told the city they have received about $4.5 million for renovations and the city is able to inspect about 10 units per weekend and hopefully they will finish the inspections some time soon. Mr. Stokes also reported the inspections at Woodlands Apartments was started last week and they are inspecting approximately 45 units per day and the management company there is very cooperative and is working January 17 1995 meeting - continued very well with the city. He also reported the inspections at Stephens Woods are completed and all documents have been turned over to the city's legal staff and they are determining what course of action the city needs to pursue relative to repairs at that complex. Councilman Lnenicka stated the inspections at Kingstowne are part of a pledge made by the city at the time of annexation to improve the quality and safety of the lives of the residents at the complex and stated he commended the Inspections Department for their efforts in completing these inspections. Mr. Stokes reported that they have a different manager on board, but the same management company is in charge, and he is working with the city. Councilman Newcomb announced there will be a meeting of the public on January 31, 1995, at 7:00 p.m. at the Community Center. He further stated the Cobb Department of Transportation as well as the City Engineer and consultant on the Spring Road Widening Project will be at the meeting. He stated this portion of Spring Road is from Cobb Parkway to Atlanta Road and urged all interested citizens to attend the meeting. Councilman Scoggins asked Kathie Barton for a report on behalf of Ann Kirk. Ms. Barton reported on the Christmas tree recycling event last weekend with 2,500 trees being recycled. She expressed her appreciation to Mayor Bacon and Councilman Cramer for their participation and Home Depot for their hospitality. Ms. Barton announced Adopt A Highway is this Saturday, beginning at 8:00 a.m. on January 21 and urged anyone interested in being a volunteer to please participate in this worthwhile event. Mayor Bacon expressed his appreciation to the member of the Smyrna Clean and Beautiful Commission who were present at the Christmas Tree recycling event on Saturday, January 14. Ms. Barton stated she will be sending out newcomer brochures to all new applicants for water service in the city. She also reported the Jonquil Festival Beauty pageant will be taking place Sunday, March 12, at 2:00 p.m. at the Community Center. Ms. Barton stated she is working with the STEP Unit of the Police Department in an effort to give away 100 child safety seats that were donated to the city. She urged low-income families in need of a child safety seat to contact the Smyrna Police Department at 431-2822 and they will interview those persons and possibly give them a child safety seat. Councilman Hawkins stated Chief Williams did not have a report on the Fire Department this evening but will present his year-end report at the next meeting. Councilman Hawkins then congratulated Claudia Edgar on her promotion as Finance Director. Councilman Cramer asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio announced there are still some openings in the gymnastics program, and Smyrna West Soccer will be holding its last day of registration on January 22. Councilman Cramer then reminded everyone of the road closures on Jones Shaw Road at Old Concord Road and Benson Poole with an effective date of January 30 to February 25, 1995. Councilman Cramer stated he would begin holding Ward 5 meetings in February and residents will receive notices of those meetings. He further stated the meetings will be televised by Smyrna Cable on Channel 9. Councilman Lnenicka stated there was no report from the Police Department this evening. Councilman Lnenicka stated there will be a meeting of the Cumberland Vail Homeowners Association on January 22, 1995, from 7:00 to whenever and urged all interested persons to attend. Councilman Lnenicka then read a letter of commendation for Officer Scott White from the Police Department. Councilman Wood recognized Claudia Edgar the new Finance Director and stated Ms. Edgar has been with the City for more than twenty years. He announced she was appointed Finance Director on January 13 and prior to that had been serving in the capacity of Accounting Supervisor. He also stated she has served as acting Finance Director on two previous occasions. January 17, 1995 meeting - continued Ms. Edgar thanked the council for her appointment and stated she is looking forward to the challenge of her new position and plans to spend another twenty-one years with the city. Mayor Bacon recognized Senator Tanksley and asked him to come forward. Senator Tanksley thanked the Mayor and City council for allowing him to use the council meetings as a forum during the recent campaign and also thanked the citizens of Smyrna and pledged his accessibility to everyone. He then announced his phone numbers. He indicated one bill that has come up in the House is the business license bill that was passed last year. He also said he would keep the city informed of that bill's progress. He stated he was not completely familiar with the bill but feels confident something will be done about that bill. With no further business, the meeting adjourned at 8:18 p.m. a //,o Z. d4' A. MAX BACON, MAYOR -:� O"M Mo rtbHN PATI&K, WARD BILL SCOGGINS, WAdff3 #CKCRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 ME NDA DAMERON, CITY CLERK RON NEWCOMB, WARD 2 JAMES M. HAWKINS, WARD 4 WADE-S. LN ICKA, WARD 6 RESOLUTION WHEREAS, the City of Smyrna has undertaken a public project regarding the construction of public facilities including but not limited to a police station and jail; and WHEREAS, in order to accomplish said project it is both desirable and necessary to acquire that parcel of land described more particularly in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the City of Smyrna has attempted to obtain said parcel through negotiation but has been unable to acquire the property. NOW THEREFORE, it is hereby resolved: It is necessary and essential that the City of Smyrna shall acquire all title, estate or interest in the property as described in Exhibit "A" attached hereto and incorporated herein by reference. The purpose of this acquisition is construction of public facilities including but not limited.to a police station and jail together with all related public facilities. This the 17thday of January , 1995. A. Max Bacon City C erk 60"4r. amuwe NOW a Haan .vrw�... At tw maar EXHIBIT "A" PARCEL * I All that tract or parcel of land lying and being in original Land Lot 520 of the 17th District and 2nd Section of Cobb County, Georgia. and in the Town of Smyrna, described as follows: BEGIMING at a point on the Kest side of the Marietta -Atlanta Highway, also known at U. S. Highway him. 41. which beginning point is 561.5 feet South of the point where the South side of Hill Street in said town intersects the Kest side of said highway, and which beginning point is also at the Southeast corner of property of Mrs. Maggie P. Tatum. and running thence South 87 degrees and 10 minutes hest and along the South line of the Tatum property for a distance of 285 feet to a corner marked by an iron pin; thence South 21 degrees East for a distance of 151 feet to a corner and point marked by an iron pin; thence North 76 degrees and 45 minutes East for a dis- tance of 285 feet to said Q. S. Highway f41 at a point marred by an iron pin; thence in a Northwesterly direction along the Kest side of said highway for a distance of 170.6 feet to BEGINNING POINT. PARCEL II All that tract or parcel of land lying and being in the City of Smyrna, in Land Lot 520 of the 17th District, 2nd Section of Cobb County. Georgia, and more particularly described as follows: BZGIhilNG at a point marked by an iron pin located at the north- west corner of what is commonly known as the E. L. Walker property; running thence westerly along the line of A fence for a distance of 300.6 feet to an iron pin and corner; run- ning thence southeasterly (at an interior angle of 83 degrees and 20 minutes) for a distance of 158 feet to an iron pin and corner; running thence easterly at an interior angle of 108 degrees and 20 minutes for a distance of 210 feet to an Iron pin; thence continuing easterly at an interior angle of 175 degrees and 10 minutes for a distance of 88 feet to an iron pus which marks the southwest corner of the H. E. Marlow property; thence northwesterly at an interior angle of 80 degrees and 40 minutes for a distance of 210 feet to the iron pin at the point of beginning; said property being more particularly shown and delineated on plat of property of B. L. Walker. prepared February 4. 1954. by J. P. Phillips, Surveyor. LESS AND EXCEPT the following described property which has been previously conveyed, to -wit: All that tract or parcel of land lying and being in Land Lot 520 of the 17th nistrict, 2nd Section. Cobb County. Georgia. and being more particularly described as follows: BECINNIHG at a point 153 feet north on the northwesterly corner of the intersection of Fuller Street and Atlanta Street; thence rwzning westerly 199.4 fevL to &.a true Paint Of begin- ning; thence running northerly 100 feet to a point; thence westerly 297.2 feet to a point; thence running southerly 79 feet to a point; thence running easterly 204.4 feet to an iron pin; thence continuing at an interior �sgle 89.7 feet to a point and true point of beginning, as per plat recorded in Plat Book 60, page 57, of the Cobb County Records. December 28. 1973, made by James S. Ross. Registered Surveyor, December 19, 1973. 192 Exhibit "A" vontirzued Parcel III 2 1978, as Thomas VI •- a�urvey 0 .Page 193 .Cobb in Pla 4 1 r V scribe as o lo�+s June County records, and being more p • is an the southwesterly right of Way of North e right l: BEGINNING at an iron being 464.1 feet southeasterly ofthe of Atlanta Road, said p d along the southwestazlCseyozgia Bighway ;l of May of hill Avenue as measuza Atlanta Street, a/k/ .� way of North A��ascuth 19 degree•` 13 minutes 53 seconds east along n #3)s g right of way of North Atlanta Road a distance of zees the southwesterly rig ant thence ru=ing south 74 deg five (95.0} feet to an iron Pin' two hu�ctdred eighty-four ninety- in; thence running 29 minutes 10 seconds west a294s� feet to andiron of one hundred 'At and fifty-seven hundredths (23 seconds east in thence south 18 degrees 07 minutes 15o.57) feet to as iron p V fifty and fifty�seveA hundredths 08 seconds nest a distance of q south 78 degrees 38 minutes hundredths (193.81) feet A one hundred ninety-three �d einot��e 31 minutes 34 seconds 18 degreesone hundredths �•: to an iron pins thence zu�aa ei hty-six and forty- right of May of west a distance of two hundred t2 a northeastrly rright o north 73 (286.41) feet to an iron G topin ot right of way); thence one hundred eighty- •:1� gickoxy Hill Drive ( distance ins thence degrees 13 minutes 08 second: east a ds east a distance of t?; five and ninety-seven hundredths t18239second to as aria p south 22 degrees 00 minutes to iron pin; thence ii running 60.14) feet !► sixty and fourteen hundredths ( the (287.i8) feet to •,aninq north degrees 19 minutrnshundreds east a distance o !v two hundred eighty-seven and eighteen an iron pin and the point of BT A t�.