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04-01-1996 Regular MeetingApril 1, 1996 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 Administrative Coordinator Brenda Barrett, Police Chief Stan Hook, Library Director Michael Seigler, 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 and representatives of the press. Invocation was given by Reverend Joe Brice, pastor of Calvary Presbyterian Church, followed by the pledge to thegflag. Mayor Bacon asked Ann Kirk to come forward and Bill Scoggins read a proclamation for "Keep America Beautiful Month" designating April, 1996, as such month. Mayor Bacon recognized two political candidates who were in attendance. Frank Bradford, candidate for Representative for the 30th District. Mr. Bradford stated he was glad to be here and stated he was running for the seat currently held by Representative Matt Towery. Mr. Bradford announced he is holding a fund-raising event April 26 at the Smyrna Community Center. Mayor Bacon the recognized Dave Hilton, candidate for the Chairman of the Cobb County Commission. Mr. Hylton thanked the Mayor for allowing him an opportunity to speak to the Mayor/Council. He stated he is seeking election as the Cobb County Commission Chairman currently held by Bill Byrne. Mr. Hylton stated he is also having a fund-raising event April 22 at Brookstone Golf Course. CITIZENS INPUT: There was none. PUBLIC HEARINGS: (A) Variance Request - 962 McLinden Avenue - Two Accessory Structures on One Lot Mr. Thomson stated the applicant, Mr. William L. Cochran, wants to build a storage shed to house garden. equipment. Mayor Bacon asked Mr. Cochran to come forward. Mayor Bacon announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Hawkins asked Mr. Cochran to briefly explain why this variance is being requested. Mr. Cochran stated he needs an additional storage shed to store yard equipment and a freezer. Mr. Hawkins stated the variance request is actually for two utility structures on the same lot and there is already an existing 8' x 10' storage building on the lot, and he is requesting the variance in order to build another 10' x 12' shed next to the existing building. Mr. Hawkins stated there is a letter in the application from the adjacent property owners, J. O. Smith at 972 McLinden Avenue and Janis Davis at 952 McLinden Avenue stating they have no objections to the construction of this second building. Councilman Hawkins made a motion the variance request at 962 McLinden Avenue for two accessory structures on one lot be approved. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Annexation of Unincorporated Island - Bell Drive and Woodland Terrace - Land Lots 809 and 847 Mr. Thomson stated letters have been mailed to the owners of the 25 parcels on Bell Drive and Woodland Drive notifying them of the City's intent to annex the property in accordance with the Official Code of Georgia Section 36-36-92(b). Mr. Thomson stated the recommendation is to annex the property to become a part of Ward 1 with an effective date of June 30, 1996. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the annexation of this property. Several homeowners came forward and were sworn in by City Attorney Chuck Camp. Mr. Camp administered the oath to Joe A. Gaddis, 2787 Bell Drive; Mr. Hammond, 2753 Bell Drive and R. W. Campbell, 2731 Bell Drive. Mr. Gaddis stated there are twenty houses on the street and presented a petition containing signatures of fifteen homeowners asking the city not to annex their property. He stated they felt the annexation would April 1, 1996 meeting - continued create a hardship for those property owners. He stated there are several retired persons and the increased taxes would create a hardship for them. He also stated the issue of those property owners having to tie on to the sewer would also create a financial hardship for them. Mayor Bacon accepted the petition which will be kept on file in the City Clerk's office. Councilman Wood asked Mr. Gaddis if he resided on Bell Drive and Mr. Gaddis responded he owns the property but it is rented to a tenant. Councilman Hawkins stated it was his understanding there is currently no sewer line on Bell Drive. He further stated if the majority of the residents on Bell Drive do not want a sewer line, the city will not run a sewer line. He further indicated the property owners will not be forced to tie on to the sewer line. Mr. Gaddis asked if the city was planning to install a sewer line and Mr. Hawkins responded that would be up to the majority of the homeowners. Mr. Hammond stated he shared the concerns expressed by Mr. Gaddis and felt the sewer issue was the one of most concern to the residents. City Attorney Chuck Camp stated the city would not have the authority to require any homeowner to tie on to a sewer line if their septic tank was working, even if the sewer line was available. Councilman Hawkins stated he hoped the residents, especially the older ones, realize there is a 24-hour rescue truck at the Smyrna Fire Department on Spring Road that could respond to a 911 call in about 45 seconds to one minute. He stated the nearest County Fire Department is several minutes away and in a life or death situation, those extra minutes could mean the difference in life or death. He stated the increase in the tax amounts would be a small price to pay for the services they will receive. Councilwoman Capilouto stated the City does offer the "Are You OK?" service which verifies the older citizens or disabled citizens are OK and if they do not respond to the call, which is a daily call, the City dispatches someone to the home to be sure the persons are OK. Councilwoman Capilouto stated the city will maintain the streets in a better condition than they are currently in; the city offers twice a week garbage service; once a week recycling pickup and once a week, on a call -in basis, yard waste pickup. Councilman Wood stated one of the best reasons to annex the property is a jurisdictional problem. The entire area to be annexed is surrounded by the city and causes confusion to the Fire and Police Department when 911 calls are received by Cobb County. Councilman Lnenicka stated there has been no conversation among the current council about installing a sewer line on Bell Drive. He stated if the city is annexed the council will work to improve the conditions on Bell Drive and Woodland Terrace. Councilman Newcomb stated the quick response time by emergency personnel is certainly worth the small increase in the taxes. Mr. Campbell stated he did not want to come into the city. He stated several years ago, thirty or so, the residents had requested to become a part of the city and were not annexed. He stated since they had been turned down many years ago, they did not want to become a part of the city now. Councilwoman Capilouto made a motion the Unincorporated Island #23, Bell Drive and Woodland Terrace in Land Lots 809 and 847 be annexed into the City as part of Ward 1 effective June 30, 1996. Councilman Scoggins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Approval to Remove "No Parking" Signs on Ann Road (Between Nancy Circle and the Cul-de-Sac Mr. Thomson stated the signs on Ann Road were placed there some time ago when service trucks and railroad employee vehicles were using the road and since this is no longer being done, the signs are not longer needed. Councilman Lnenicka stated some years ago, the CSX Trains parked their engines on the tracks near Ann Road and the cul-de-sac and the CSX crew employees were using Ann Road as a parking area for their personal vehicles when shift changes occurred. Mr. Lnenicka stated this problem has been resolved and April 1. 1996 meeting - continued the reason for the "No Parking" signs is gone. He then stated that technically the "No Parking" signs constitute an ordinance and the removal of the signs requires the approval of the Council. Councilman Lnenicka made a motion that the "No Parking" signs on Ann Road between Nancy Circle and the cul-de- sac be removed. Councilman Hawkins seconded the motion. Motion was approved 7-0. (B) Amendment to the Personnel Policies and Procedures Manual - Section 15 Mr. Thomson stated this amendment is to define the city's employees who are eligible to be "on call" emergency duty. Councilman Newcomb stated this is simply a revision for clarity to the city's policy for "on call" status for a true emergency that would require employees to be on call and to be paid for being on call. Councilman Newcomb made a motion the amended policy for "on call" employees be approved. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Resolution - Industrial Development Authority Mr. Thomson stated this is a formal resolution that will activate and establish and Industrial Development Authority of the City of Smyrna under the Georgia Development Authorities Law. Councilman Wood stated the resolution he is presenting will declare the need and the creation of the Development Authority to function in the city of Smyrna, Georgia. Mr. Wood then read the resolution and stated a copy will be made a part of the official minutes of this meeting. Councilman Wood made a motion the Resolution creating the Industrial Development Authority be approved. Councilman Hawkins seconded the motion. Councilman Lnenicka asked Mr. Wood if it was possible that this Authority, once enacted, could create bonded indebtedness which would be the responsibility of the citizens of Smyrna. Mr. Wood stated only if the City chose to underwrite the bonds, which is not the intent of the City government. Councilman Lnenicka then asked if it was possible that a future city council could agree with the Industrial Development Authority to take on debts which would be the responsibility of the taxpayers. Mr. Wood responded they could. Councilman Hawkins asked if that would require the vote of the Mayor and Council at a public meeting. Councilman Wood responded that would have to be a public hearing and would require the vote of the Mayor and Council. Councilman Lnenicka stated he would not support this motion and stated in an era where citizens are looking for less government, not more, that the possibility that a future council could create indebtedness that would be the responsibility of the taxpayer. He stated he has not heard from the citizens that an Industrial Development Authority is needed and there is no place in the city, other than Highlands Park, that is designated for industrial development. He further stated he thought the resolution is too broad and perhaps premature. Councilwoman Capilouto asked if this authority would be similar to the Housing Authority. Mr. Wood responded that was correct and the purpose is to have this resolution in place in case there is an opportunity to use it, with the idea being to encourage economic development within the city and create jobs and increase the tax base. He also stated there is a limited scope as to what industrial bonds could be used for, primarily manufacturing type businesses; he further stated there are several areas in the city which are zoned Light Industrial and could benefit from this. Motion to approve the resolution for an Industrial Development Authority was approved 6-1 with Mr. Lnenicka opposed. (D) Appointment to Planning and Zoning Board - Ward 5 Councilman Cramer made a motion that Jim Smith, 801 Church Street, be approved as the Ward 5 appointee to the Planning and Zoning Board. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. April 1, 1996 meeting - continued BID AWARDS: (A) Banking Services Councilman Wood stated the existing contract for banking services for the city has expired. He stated typically the contract is for a three-year period. Councilman Wood stated bids were received from six banking firms with the low bidder being Sun Trust Bank at an annual rate of $35,035. Mr. Wood made a motion the bid for the City of Smyrna Banking Services be awarded to Sun Trust Bank effective July 1,1996, to run for a period of three years. Councilman Cramer seconded the motion. Mayor Bacon stated he would prefer that Smyrna Bank and Trust, the only locally owned and operated bank, receive the award as he feels very strongly about doing business with local vendors. He stated he understood Smyrna Bank and Trust was not the low bidder. Mr. Wood stated he understood Mayor Bacon's feelings and the city does do business with Smyrna Bank and Trust in other areas. Motion was approved 7-0. (B) Bid #96003 - Pick -Up Truck for Community Development Department Councilman Newcomb made a motion bid #96003 for a pick up truck for the Community Development Department be awarded to the low bidder, Jim Tidwell Ford, for $16,650. Councilman Scoggins seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of March 18, 1996, Minutes (B) Approval to Solicit Bids - Landscape Tractor for Public Works Department (C) Change Date of First Council Meeting in July - From July 1 to July 8 (D) Approve LARP Paving Contract - Campbell Road, Gann Road, Jonquil Drive and Old Concord Road (E) Approval to Request Bids for Material and Labor to Replace Carpet - Community Center Mayor Bacon stated Councilman Cramer has an item that needs to be considered on the Consent Agenda. Councilman Cramer made a motion that the rules be suspended. Motion was seconded by Councilman Hawkins. Motion was approved 7-0. Councilman Cramer stated he would like to add an item to the Consent Agenda - Extension of Working Hours for the Publix at Cobb Center. Councilman Cramer stated they would like to extend the working hours and asked Mr. Pat Lowry, King Construction, to come forward. Mr. Lowry explained they have experienced delays due to the weather and are asking that the hours be extended as follows: Monday through Friday 6:00 a.m. to 8:00 p.m. Saturday 7:00 a.m. to 6:00 p.m. Sunday 12:00 Noon - 6:00 p.m.* *On a per need basis Councilman Lnenicka requested that any work done early in the morning or late in the evening be less noisy than the work performed during the major part of the day. Mr. Lowry stated they would do that. Councilman Cramer made a motion that the working hours for Publix be extended as listed above. Councilman Lnenicka seconded the motion. Motion was approved 7-0. Councilman Wood made a motion the Consent Agenda, Items A through E be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Capilouto announced she is having a Ward 1 meeting on Wednesday, April 3, from 7:30 to 9:30 p.m. at the Community Center. Councilwoman Capilouto asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio stated Senior Aerobics begins at Tolleson Pool on April 22; Jonquil Spring Festival will be April 27 and 28; Smyrna Night at the Braves is May 14 with tickets still available. Mr. Ciaccio then introduced Steve Brennan, the new Park Ranger. April 1, 1996 meeting - continued Councilwoman Capilouto asked Mike Seigler for a report on the Library. Mr. Seigler announced there are only two remaining Wednesdays that tax preparation assistance will be available at the Library; there are some good exhibits at the Library - art works by Wanda Crane and an Easter Exhibit. Mr. Seigler reported there were 16,000 visits to the Library during the month of February. He also announced the circulation is up 10% over this same period of time last year. Councilman Newcomb asked Mary Ann White for a report from the Human Resources Department. Ms. White announced several job openings for the City of Smyrna: Detention Officer in the Police Department; part-time control desk receptionist and part time community center supervisor in the Parks and Recreation Department. Ms. White also mentioned that everyone in the city has been asking about Ray Curtis, Assistant Public Works Director. Ms. White stated she wanted to express to him and his family that everyone is inquiring about him and care about him during his illness. Mayor Bacon stated he had seen Ray last week and had informed him it was time for him to come back to work and the city is looking forward to his return to work. Councilman Newcomb stated he was glad to see that Campbell Road had been approved for repaving tonight. He also stated that it is now obvious that work is in progress on Spring Road in the first phase of the widening project (from Cobb Parkway to Campbell Road); he stated the bid opening for the second phase will be in June, 1996. He stated the Poplar Creek project is still being considered. Councilman Scoggins asked Brenda Barrett for a report on the Public Works Department. Ms. Barrett reported curbing will begin on Cobb Circle tomorrow; drainage work on Valley Oaks has been completed; the Creatwood area will be next for drainage work - weather permitting; the service lines are being replaced on Timbervalley Way and Cumberland Townhomes area; sewer lines on Pretty Branch are being replaced and the sanitation schedule will be different this week due to the Good Friday holiday - the Monday route will be picked up Monday/Wednesday and the Tuesday route will be picked up Tuesday/Thursday with no trash pickup this week. She also reminded everyone of the mulch and wood chips which are available at the Public Works Complex. Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms. Kirk thanked the Mayor and Council for the proclamation presented earlier this evening. She also thanked the Parks and Recreation Department for their efforts in setting up for the Smyrna Clean and Beautiful Awards Banquet recently. She also congratulated the Public Works Department as recipients of the Earth Award and the projects they received the award for included the Hurricane Opal clean up effort; the clean up month in October; the award winning yard waste and composting program and the landscaping projects throughout the city. Councilman Hawkins stated the one -month amnesty, in March, for waiving the warrant fees for folks who either failed to appear in court or had not completed paying their fines resulted in forty-nine persons coming in and taking care of their unfinished payments and the city collected $5,993. He stated this had been a successful program. He then urged anyone who thought they perhaps might have an unpaid fine or had not appeared in court to call the city and find out because warrants will be served on those persons. Councilman Cramer read a letter of appreciation to Chief Williams of the Smyrna Fire Department, for their efforts in making the Georgia Special Olympics 1996 Indoor Winter Games such a success. He stated the city supplied two EMT's for three days at Sparkles Skating Rink to assist with the program. Councilman Lnenicka congratulated and thanked Chief Hook for their traffic control at the American Legion Post 160 on Saturday night when Congressman Barr was hosting an event. Councilman Lnenicka also stated he had received a call from the Cumberland Vail Homeowners Association over the weekend reporting an accident at Atlanta Road and Creatwood Circle. He stated this is the second accident in a couple of months since the guardrail was installed. He stated there was some concern on the part of the residents that the guardrail is obstructing the sight distance. He further announced the city has talked to the County about this and the Chief and City Engineer are looking into this situation and if there is anything the city can do to help resolve this problem, they will. Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook reported the city has a problem with car thefts but his department is working on reducing that problem. He also reported there had been a recent stabbing incident but details were incomplete at this time. April 1 1996 meeting - continued Councilwoman Capilouto asked Mike Seigler for a report on the Library. Mr. Seigler announced there are only two remaining Wednesdays that tax preparation assistance will be available at the Library; there are some good exhibits at the Library - art works by Wanda Crane and an Easter Exhibit. Mr. Seigler reported there were 16,000 visits to the Library during the month of February. He also announced the circulation is up 10% over this same period of time last year. Councilman Newcomb asked Mary Ann White for a report from the Human Resources Department. Ms. White announced several job openings for the City of Smyrna: Detention Officer in the Police Department; part-time control desk receptionist and part time community center supervisor in the Parks and Recreation Department. Ms. White also mentioned that everyone in the city has been asking about Ray Curtis, Assistant Public Works Director. Ms. White stated she wanted to express to him and his family that everyone is inquiring about him and care about him during his illness. Mayor Bacon stated he had seen Ray last week and had informed him it was time for him to come back to work and the city is looking forward to his return to work. Councilman Newcomb stated he was glad to see that Campbell Road had been approved for repaving tonight. He also stated that it is now obvious that work is in progress on Spring Road in the first phase of the widening project (from Cobb Parkway to Campbell Road); he stated the bid opening for the second phase will be in June, 1996. He stated the Poplar Creek project is still being considered. Councilman Scoggins asked Brenda Barrett for a report on the Public Works Department. Ms. Barrett reported curbing will begin on Cobb Circle tomorrow; drainage work on Valley Oaks has been completed; the Creatwood area will be next for drainage work - weather permitting; the service lines are being replaced on Timbervalley Way and Cumberland Townhomes area; sewer lines on Pretty Branch are being replaced and the sanitation schedule will be different this week due to the Good Friday holiday - the Monday route will be picked up Monday/Wednesday and the Tuesday route will be picked up Tuesday/Thursday with no trash pickup this week. She also reminded everyone of the mulch and wood chips which are available at the Public Works Complex. Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms. Kirk thanked the Mayor and Council for the proclamation presented earlier this evening. She also thanked the Parks and Recreation Department for their efforts in setting up for the Smyrna Clean and Beautiful Awards Banquet recently. She also congratulated the Public Works Department as recipients of the Earth Award and the projects they received the award for included the Hurricane Opal clean up effort; the clean up month in October; the award winning yard waste and composting program and the landscaping projects throughout the city. Councilman Hawkins stated the one -month amnesty, in March, for waiving the warrant fees for folks who either failed to appear in court or had not completed paying their fines resulted in forty-nine persons coming in and taking care of their unfinished payments and the city collected $5,993. He stated this had been a successful program. He then urged anyone who thought they perhaps might have an unpaid fine or had not appeared in court to call the city and find out because warrants will be served on those persons. Councilman Cramer read a letter of appreciation to Chief Williams of the Smyrna Fire Department, for their efforts in making the Georgia Special Olympics 1996 Indoor Winter Games such a success. He stated the city supplied two EMT's for three days at Sparkles Skating Rink to assist with the program. Councilman Lnenicka congratulated and thanked Chief Hook for their traffic control at the American Legion Post 160 on Saturday night when Congressman Barr was hosting an event. Councilman Lnenicka also stated he had received a call from the Cumberland Vail Homeowners Association over the weekend reporting an accident at Atlanta Road and Creatwood Circle. He stated this is the second accident in a couple of months since the guardrail was installed. He stated there was some concern on the part of the residents that the guardrail is obstructing the sight distance. He further announced the city has talked to the County about this and the Chief and City Engineer are looking into this situation and if there is anything the city can do to help resolve this problem, they will. Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook reported the city has a problem with car thefts but his department is working on reducing that problem. He also reported there had been a recent stabbing incident but details were incomplete at this time. April 1. 1996 meeting - continued Councilman Wood asked Kathie Barton for a report on the Community Relations Department. Ms. Barton stated the paperwork will be filled out tomorrow for Internet; the newsletter will be assembled around the middle of the month and will be mailed separately from the water bill. Councilman Wood stated the construction of the Municipal Services building is progressing and on schedule. He stated the target date for occupancy is September, 1996. Mayor Bacon recognized several Campbell High School students who were in attendance at the council meeting tonight. He also recognized both political candidates, Frank Bradford and Dave Hilton, who remained for the entire meeting. With no further business, the meeting adjourned at 9:02 a.m. A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK CHARLENE CAPILO TO, WARD 1 RON NEWCOMB, WARD 2 9ACK CRAMER, WARD 5 - z , V, '. �; W�-%ej NT ITNIMMIUM ROOM aD