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01-21-1997 Regular MeetingThe regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Pro Tem Jim Hawkins at 7:30 o'clock p.m. All council members were present; Mayor Bacon was absent due to illness. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Personnel Technician Chris Corey, City Engineer Ken Hildebrandt, Chief Building Official Robin Broyles, Community Relations Director Maryclaire Andres, Administrative Assistant Susan Hiott and representatives of the press. Invocation was given by Reverend Bud Abbott followed by the pledge to the flag. Mayor Pro Tem Hawkins recognized School Board candidates Garry Osborne and Curt Johnston. Both gentlemen asked for the support of the citizens of Smyrna and urged everyone to vote in the March 18, 1997, election. Mayor Pro Tem Hawkins recognized Susie Clark, 1912 Turpin Road, who stated she is a volunteer at the Rose Garden/Davenport Community as a Street Captain for the Hands, Feet and Mouth Organization. Ms. Clark presented a petition to the city signed by the residents of their community opposing the placement of a Boys Club in their community. Mayor Pro Tem Hawkins accepted the petition and stated it would become a part of the record. Mayor Pro Tem Hawkins stated this item is not on the agenda for this evening and further stated he did not think any decisions has been made by the Mayor and Council regarding the location of the Boys Club. Councilman Scoggins stated the Mayor and Council have not met on this issue and that is the reason it is not on the agenda. Mayor Pro Tem Hawkins recognized Cheryl Bursch, resident of Cobb County and President of Hands, Feet and Mouth. Ms. Bursch asked about the procedure the mayor and council will follow and what is the established criteria for making the decision regarding the Boys Club. Councilman Scoggins stated it will be placed on the agenda for discussion at an agenda meeting and then voted on at a council meeting. Ms. Bursch asked again about the criteria used to make the decision and how will the council integrate their concerns and preferences in the decision making process. Councilman Scoggins stated it would be handled like any other issue on the agenda, it will be discussed and then each person will vote on the issue. Mayor Pro Tem Hawkins stated the full council has not been presented a full study on the project and stated that presentation will be at an agenda meeting, which is open to the public, and the issues are reviewed and put on the calendar for a meeting at which time a vote is taken. He further stated the issue will be placed under the Public Hearings portion of the meeting and the floor will be open for public comment. Ms. Bursch asked how will they be informed of the date of the agenda meeting at which the Boys Club will be discussed. Ms. Bursch was informed the dates for the agenda meeting are posted in the lobby of city hall. (A) Ordinance Amendment - Revisions to South Atlanta Road Urban Design Guidelines Mr. Smith stated the South Atlanta Road Urban Design Guidelines is an overlay district which applies standards to proposed new buildings and land development that augment or supersede the requirements of the conventional zoning districts. He further stated this is the second reading of the proposed ordinance amendment revisions and public hearing on this document. He also stated this item has been advertised and reviewed by the legal staff. Mayor Pro Tem Hawkins stated this is a public hearing and asked if anyone was present who wanted to address this issue. There was none. Councilman Newcomb stated a couple of months ago, the Mayor and Council passed an Urban Design District on Spring Road and on South Atlanta Road (the portion of Atlanta Road southward from Spring and Concord Road). He stated the purpose of the design district is to preserve the historical/residential character of Atlanta Road. He also stated this revision is to clarify some of the issues in the guidelines. Councilman Newcomb highlighted the revisions to the South Atlanta Road Urban Design Guidelines and stated they are available in City Clerk's office. Councilman Lnenicka made a motion that the revised guidelines for the South Atlanta Road Urban Design Guidelines be approved. Councilman Newcomb seconded the motion. Motion was approved 6-0. (B) Alcoholic Beverage License - Agent Change Only - Retail Package Beer and Wine - A&P Food Market #789 - 2784 Hargrove Road Mayor Pro Tem Hawkins stated Items 3-B and 3-C - Agent changes for A&P Stores #789 and #765 have been requested to be tabled to the February 3, 1997, council meeting. Mr. Hawkins then read the January 17, 1997, letter of request from Richard Murtha, Secretary/Treasurer for A&P. According to the letter the agent applying for the license had been called out of town and would be unable to attend tonight's meeting. Councilwoman Capilouto made a motion that the request for an alcoholic beverage license request for an agent change at the A&P Food Market #789 at 2784 Hargrove Road be tabled to the February 3, 1997. Councilman Lnenicka seconded the motion. Motion was approved 6-0. (C) Alcoholic Beverage License - Agent Change Only - Retail Package Beer and Wine - A&P Food Market #765 - 3205 South Cobb Drive Councilman Newcomb made a motion that the request for an alcoholic beverage license request for an agent change at the A&P Food Market #765 at 3205 South Cobb Drive be tabled to the February 3, 1997. Councilman Cramer seconded the motion. Motion was approved 6-0. (D) Alcoholic Beverage License - Agent Change Only - Pouring License - Liquor, Beer and Wine - Los Americas Mexican Restaurant - 1047 Windy Hill Road Mr. Smith stated this is an agent change request only. He further stated Libia Echeverry has applied to be the agent for this establishment. He further stated Ms. Echeverry lives in Cobb County and the police department investigation revealed nothing that would preclude the issuance of this license request. Mayor Pro Tem Hawkins stated this is a public hearing and asked if there was anyone present in opposition to the granting of this agent change request. There was none. Mayor Pro Tem Hawkins asked Councilman Newcomb to address this issue. Mayor Pro Tem Hawkins recognized Ms. Echeverry, the applicant, Gloria Quintero (daughter of the applicant), and Adolph Goldenburg, the accountant for the restaurant. Ms. Quintero stated Ms. Echeverry (her mother) does not speak English. Councilman Newcomb stated the documentation on the application indicates Ms. Echeverry has only been employed since November 22, 1996, and asked if that was correct. Ms. Echeverry responded that was correct. Mr. Newcomb asked if Ms. Echeverry was familiar with the ordinance concerning alcoholic beverages and Ms. Quintero responded she was. Ms. Quintero stated she has explained the ordinance to her mother and she does understand the ordinance. Mr. Goldenburg stated he had emphasized the penalty portion of the ordinance to Ms. Echeverry and she indicated to him that she does understand it. City Attorney Chuck Camp stated he would be concerned if she could not read English in order to determine if a patron was of age to purchase alcohol. Mayor Pro Tem Hawkins stated it is important that the agent understand the ordinance so they could train the wait staff on how to check identification for the patrons. Ms. Quintero stated she is the owner of the restaurant and Ms. Echeverry is her mother. Mr. Hawkins asked Ms. Quintero why she did not apply to be the agent and she responded she does not live in Cobb County. Councilman Newcomb cautioned Ms. Quintero that the City of Smyrna does conduct sting operations and Ms. Quintero stated she was aware of that. Councilman Lnenicka asked Ms. Quintero what hours and days Ms. Echeverry works at the restaurant. Ms. Quintero stated she works during lunch and sometimes until 4 - 5 p.m., Monday through Friday. Mr. Lnenicka asked Ms. Quintero what days and hours she works at the restaurant. Ms. Quintero responded she works every day except Sunday. Mr. Lnenicka asked Ms. Quintero about the duties of Ms. Echeverry. Ms. Quintero stated her mother operates the register and also helps as waitress. Councilman Lnenicka stated he was concerned that Ms. Echeverry might not fully understand the ordinance and would be unable to instruct the other employees in the restaurant. Ms. Quintero stated that was not a problem because all their employees speak Spanish. Councilwoman Capilouto stated she has grave concerns about issuing the license to this applicant due to the language barrier. Mayor Pro Tem Hawkins stated as far as the law requires, the applicant has met all the qualifications to hold this license but cautioned that if any offense did occur, the inability to speak English could not be used as an excuse. January 21, 1997, m . inv - continued Councilman Newcomb stated Ms. Quintero has been in operation for several years and the police department investigation indicates there have been no problems at this location and would be eligible to hold the license if she were a resident of Cobb County. He further stated Ms. Echeverry meets the legal qualifications of being an agent and has indicated she understands the ordinance. Councilman Newcomb made a motion the alcoholic beverage request - agent change - at Las Americas Mexican Restaurant at 1047 Windy Hill Road with Ms. Libia Echeverry as the agent be approved. Councilman Scoggins seconded the motion. Motion was approved 6-0. Mr. Goldenburg stated he would like to say that Gloria Quintero has just passed her American citizenship examination and will be a citizen shortly. (E) Alcoholic Beverage License - Agent Change Only - Retail Liquor - Tepco, Inc., D/B/A Tepco, Inc. - 3791-P-1 South Cobb Drive Mayor Pro Tem Hawkins stated items E and F are actually owned by the same corporation but will be addressed separately. Mr. Smith stated Mr. John E. Leiferman has applied to be the agent for this establishment and has resided in Cobb County for eight years. He further stated the police department investigation revealed nothing that would preclude the issuance of this license to the applicant. Mr. Hawkins stated this is a public hearing and asked if anyone was present who wanted to address this issue. There was none. Councilman Newcomb stated he would address items E and F at this time but there will be two separate motions made. Mr. Leiferman, 2625 Deerfield Circle, came forward. Mr. Newcomb asked Mr. Leiferman how long he had been in business at this location. Mr. Leiferman responded almost eight years. Mr. Newcomb why the agent change was necessary. Mr. Leiferman responded -the -previous agent was moving out of state. Mr. Newcomb asked Mr. Leiferman if he is the agent on site and he responded yes. Mr. Newcomb stated two separate license requests have been submitted as required by law - one for retail package license for liquor, and one for retail package beer and wine. Mr. Newcomb stated the police department investigation revealed nothing that would preclude the issuance of this agent change request to Mr. Leiferman. Councilman Newcomb asked Mr. Leiferman if he was familiar with the City of Smyrna alcoholic beverage license ordinance. Mr. Leiferman responded he was. Mr. Newcomb cautioned Mr. Leiferman that the City of Smyrna conducts sting operations. Councilman Newcomb asked what type training is provided to other employees at the business. Mr. Leiferman responded all employees are instructed to card everyone who looks to be under forty years of age and they are instructed to card such individuals. Councilman Newcomb instructed Mr. Leiferman to keep some type written record of the training sessions for the employees. Councilman Newcomb made a motion that the alcoholic beverage license request for an agent change at Tepco, Inc., d/b/a Tepco, 3791-P South Cobb Drive for retail package liquor be approved with Mr. John E. Leiferman as the agent. Councilman Cramer seconded the motion. Motion was approved 6-0. (F) Alcoholic Beverage License - Agent Change Only - Retail Package Beer and Wine - Tepco, Inc., D/B/A Mr. Bill's Package Store - 3791-P South Cobb Drive Councilman Newcomb made a motion that the alcoholic beverage license request for an agent change at Tepco, Inc., d/b/a/ Mr. Bill's Package Store at 3791-P South Cobb Drive with Mr. John E. Leiferman as the agent for retail package beer and wine be approved. Councilman Cramer seconded the motion. Motion was approved 6.0. (G) Annexation of Property in Unincorporated Islands 18 and 19, Land Lots 666 and 631 Mayor Pro Tem Hawkins stated this is a public hearing and asked if anyone was present who would like to address this issue. Mayor Pro Tem Hawkins asked City Attorney Chuck Camp to administer the oath to Mr. Alan Plott. Mr. Plott, 3241 Kennesaw View Drive, owner of the property at 2930 Jonquil Drive, stated he has several concerns about the proposed annexation. He stated he had purchased the property from Margarite Little in 1991 and understood from her that she had applied to the city for zoning on that property to allow the construction of a 3,000 square foot building. He further stated he understood from her that the zoning was denied. He stated she then applied to Cobb County for the setbacks necessary to construct such building and that was approved by Cobb County. He questioned if the property would be considered grand fathered if he wanted to exercise the option to build a 3,000 square foot building on his property. He also expressed concern about possibility of operating a used car lot at that location. He stated he currently used the property to sell seasonal items - pumpkins, Christmas trees and pine straw - but does not intend to use the property for that purpose all the time. Mr. Plott also expressed concern about the sign that is currently on the property and wondered if that would be allowed on the property. He stated it is a portable type reader -board and wondered ..--._.ccaa'Yvc:+..+L=+�•••tiY::•,w,y:Y.:+:y2.•G.�. epy-.c�'ti�'.:`�HJK''i.y:Y'?o..C.ai4'uWS:�til`S«a Mf�`t�IM Hi••Li.}+,SL33»��C.cleY-i3KL�4ilCiT' ` 'tl'• "• a about the effects on the businesses he currently conducts (seasonal) on the property. He further stated his plans for the future include building a 3,000 square foot building for retail/office space or to possibly rent or operate the lot as a used car lot and wanted to be assured that would be possible or would he have to come before Mayor and Council to obtain variances for that purpose, or would it be grand fathered. Mr. Hawkins stated he could address most of the concerns expressed by Mr. Plott. He asked about the reader board (portable sign) and asked if it was on the property seven days a week. Mr. Plott responded it is. Mr. Hawkins stated the sign is probably not in compliance with Cobb County's sign ordinance now as they do not allow portable signs to be on the property daily. He stated using a portable sign as a permanent sign is not allowed and what he could possibly do is attach it to the ground in some WAy and the inspections personnel would be happy to come out and work with him on that issue._ Councilman Newcomb stated this area falls in the new Spring Road Urban Design Guidelines District and according to that ordinance as long as the sign is not changed; it will not be in` violation of the ordinance, however, it is in violation of the 60-day limitation on portable signs that are enforced city-wide. Mr. Newcomb further stated it would have to become a permanent sign. Mr. Hawkins stated as far as the 3,000 square foot building is concerned, that on a 1/3 acre lot, he could not see how a building that large would fit on that sized lot and meet the setbacks off a commercial street. Mr. Plott stated he had copies of the variances on the property that Ms. Little provided him when he purchased the property. Mr. Hawkins asked City Attorney Chuck Camp if he was granted a variance by the County in the 1980's, would those variances have to be honored. Mr. Plott stated the date of the hearing on the variance request was July 2, 1984. Mr. Hawkins stated he felt it was doubtful that those variances could be honored and Mr. Plott might have to apply for a new variance under the City of Smyrna ordinances. Councilman Cramer asked Mr. Newcomb about the Spring Road widening project at Mr. Plott's property. He asked about the right of way for the road in front of Mr. Plott's property and how much the county would need to take for the Spring Road widening project. Mr. Newcomb responded he did not have that information. Mr. Newcomb asked Mr. Plott if the county had contacted him about the project and Mr. Plott stated they had. Mr. Plott further stated he understood the sidewalk in that area would be moved and'most`of the widemng'would be on the other side o Spring Road. He stated he thought the sidewalk would be moved toward his property either 4 to 8 feet. Mr. Newcomb stated he doubted that even the county would honor the variances granted in 1984. Mr. Hawkins informed Mr. Plott that the City of Smyrna had adopted an ordinance requiring one acre or more for used car lots but further stated anybody could come before the mayor and council and request a variance. He stated it would be difficult to obtain such a variance since other businesses have been denied that type variance. Councilman Lnenicka stated he thought it was clear that the City of Smyrna and Mr. Plott need to meet to discuss the requirements of the Spring Road District and the sign ordinances and other issues that pertain to his trying to operate a business there. Mr. Lnenicka suggested Mr. Plott talk with Robin Broyles concerning these issues. He stated the City of Smyrna certainly wants to be cooperative with Mr. Plott's desires to operate a business. Councilman Scoggins asked Mr. Plott if he could state for the record exactly what he hoped would be grand fathered on his property. Mr. Plott responded'he had hoped the'constructioff of a 3,000 square foot building would not be a problem; the seasonal sales would be allowed until such time as they come before council for a variance to build either a used car lot or the 3,000 square foot building. Councilman Scoggins made a motion that the property in unincorporated Islands 18 and 19, Land Lots 666 and 631 be annexed into the City of Smyrna as part of Ward 3 with an effective date of February 1, 1997. Councilman Cramer seconded the motion. Motion was approved 6-0. (H) Annexation of Property in Unincorporated Island 20, Land Lot 594 Mayor Pro Tern Hawkins asked if anyone in the audience would like to address this issue. Several persons came forward and were administered the oath by City Attorney Chuck Camp. Mr. Smith stated the proposed annexation is in accordance with the 1992 legislation which provides for the annexation of unincorporated islands of 50 acres or less when approved through a local ordinance. He stated this site has been identified as one that should be considered for annexation. He further stated it has been reviewed by the Public Works Department and Public Works Committee and others and brought before council tonight. Mayor Pro Tem Hawkins recognized Reba Leverett, 2854 Spring Villas. Ms. Leverett stated she is a fairly new resident to Smyrna having moved here in 1993. She stated she has received three letters since 1993 regarding annexation of her property. She further stated she is not for the annexation because it adds more taxes, and she does not want more taxes. She stated the Spring Villas Homeowners Association voted on this issue and they do not want to be annexed into the City of Smyrna. Mr. Hawkins asked Ms. Leverett what she anticipated her tax increase to be. Ms. Leverett stated the City of Smyrna sent her a document estimating her taxes to increase by $147/year. Ms. Leverett stated she had mailed the city an annexation refusal form. Councilman Scoggins asked Ms. Leverett if she did not want to be annexed due to the increased tax amount and she responded that was correct. Mayor Pro Tem Hawkins recognized Tom Kern, 3860 Spring Villas. Mr. Kern stated about three and a half years ago there were several parcels being considered for annexation. He stated at that meeting there were a lot of upset people at that meeting. He stated, in addition to the annexation forms Mr. Clark, Annexation Coordinator, mailed to them, the circulated a petition of their own that everyone was asked to fill out. He stated the residents of his neighborhood did not feel it was to their interest to be annexed. He stated he has been a resident at 3860 Spring Villas for thirteen years and has done fine without being in the city. He stated he did not see their property values increasing as a result of the annexation. He further stated there were several issues they would like to address. He stated at the last meeting, three and a half years ago, Mayor Bacon stated at that meeting they would not be annexed unless they wanted to be annexed. Mr. Kern stated there were several things he would like to ask council. He asked why the City of Smyrna wanted to annex their property other than tax revenues; street maintenance - private or public street - who will be responsible for the maintenance of their street (Spring Villas Lane); sanitation services - he stated their current contract with BFI is much less expensive than what the city could offer; street lights. Councilman Lnenicka stated if Spring Villas Lane is a private street, it would be the responsibility of the homeowners to maintain the street. Mayor Pro Tem Hawkins stated the reason Smyrna is considering annexing the property is based on jurisdiction and a desire to provide continuity of services. Mr. Hawkins also stated for the increased amount of taxes the citizen will pay will not pay the cost of services provided by the city. He further stated the City of Smyrna will not make money on the annexation of this property. He further stated by annexing the property, there would be a greater sense of where the city is and when a 911 call is received the response would be quicker and easier to locate. He further stated that the red lights on Spring Road, paid for by the City of Smyrna residents, improvements to the road, stop signs, etc., police patrols on nearby streets, first response with police and fire, parks and recreational facilities are all benefits derived from living close to but not in the City of Smyrna. Mr. Hawkins stated as far as street maintenance is considered, if the property is annexed into the city and the street meets the requirements of the City of Smyrna as pertains to a public street and it is dedicated to the city and passes the inspection of the city and the city elects to accept the street, the city would maintain that street. Mayor Pro Tem Hawkins stated he would have to look into the cost of sanitation services but did not have that information available this evening. He stated he believed the current sanitation contract would be honored until the end of the current contract, then city services would have to be used. Mr. Hawkins stated if the lights (street lights) are on a public street, the city will maintain them but if the street remains private then the maintenance of the lights will still be the homeowners responsibility. Mayor Pro Tem Hawkins stated he had talked with Mayor Bacon earlier today and Mayor Bacon told him he had received a letter from a resident claiming the mayor had made the statement "As long as I am Mayor, no one will annexed into the city against their will." Mayor Pro Tem Hawkins stated the city clerk had reviewed the tape of that meeting and there was no mention of the alleged quote. Mr. Kern stated he was at the meeting and he believes the Mayor did make that statement. Ms. Dameron, the city clerk, stated she and Howard Smith, city administrator, had listened to the tape and that statement was not made during the meeting. Ms. Dameron stated Councilman Newcomb addressed a comment made by the president of the Spring Villas Condominium Association at that time. Ms. Dameron stated the tape is available for anyone to see if they would like to see it. Mayor Pro Tem Hawkins recognized Ned Waters, 2887 Spring Villas Lane, who stated at the last meeting as well as this one that the residents of that area are not paying their share. He further stated he has been a resident of the area for thirty years, have bought their groceries, fuel, clothing, everything you could name for the past thirty years has been purchased here. He further stated they have worked with the parks, youth organizations and spent a lot of time with the neighborhood and just because they live in that little loop to think they do not pay their way, someone is missing something. He stated the main reason he did not want to be annexed is very simple - nothing against the city - there are a lot of fixed -income residents and they will be paying another $20 or $30 a month for services this year alone. He stated he felt they have paid their way. Mayor Pro Tem Hawkins stated he did not mean to imply they were not paying their way, the point was that the city has been a benefit to the residents. Mr. Kern stated they have benefited the city as well for the last thirty years. Councilman Newcomb stated the issue of equity and fairness is the main reason for annexing this island well as jurisdictional boundaries. Councilwoman Capilouto cited the faster response time for the police and fire station as benefits the residents would receive if annexed into the city. Councilman Scoggins made a motion that the property in unincorporated Island 20, Land Lot 594, be annexed into the City of Smyrna as part of Ward 3 with an effective date of February 1, 1997. Councilman Newcomb seconded the motion. Motion was approved 6-0. (A) Approval of University of Georgia's ITO's Proposal for Phase I Mr. Smith stated the city has been examining the need to develop a long range plan and strategy for the introduction of information technology throughout the city for network connectivity to establish E-mail linkages between departments and outside the city to share the technology between departments in the city. He stated this is a comprehensive approach to examine that and guide the city in the implementation of new technology and with the building program in the city this will enable us to move forward with linking the various new structures and departments within the government over a period of time. Mr. Smith stated this is a Phase I approach and has been reviewed by the Finance and Administration Committee. Councilman Wood stated the University of Georgia Office of Information Technology Outreach Services is a proponent agency that will provide this service. He stated this is a phase one project and the estimated cost is $8,400.00. Councilman Wood made a motion the agreement with the University of Georgia Information Technology Outreach Services for Phase I at an estimated cost of $8,400 be approved. Councilman Lnenicka seconded the motion. Motion was approved 6-0. (B) Approval of Purchase of Miniature Fire Trucks Councilman Cramer reported this is a request from the Fire Department to purchase 500 miniature fire trucks - Engine 13 - to be sold in the city. He stated this will be a replica of a 1953 model pumper truck and the proceeds will first repay the city then be used to restore the truck and help with training expenses for the Explorer's Troop. Councilman Cramer made a motion to approve the purchase of 500 miniature fire trucks at a total cost of $7,500. and to authorize the use of $7,500 for this purpose. Councilman Wood seconded the motion. Motion was approved 6-0. (C) Approval of Land Exchange - City of Smyrna and Nelms Lodge Mayor Pro Tern Hawkins stated he has been working on this issue for the past six months. He further explained that basically what will take place is the City of Smyrna will deed to the Nelms Lodge .2237 acres on the south side of West Spring Street which will be used for the Nelms Lodge in the future for parking. He stated in exchange the city is receiving .2264 acre on the north side of West Spring Street. He stated the property the city is acquiring is in the development plan for future commercial development and will be needed by the city at some point in time. He stated there are some covenants involved and the city has agreed to put in a 12 foot easement, driveway around the Nelms Lodge which will allow them an entrance and exit on that road. Councilman Wood stated this is a transaction that will benefit both parties and all the details have been appropriately worked out with the Lodge and the city. Councilman Wood made a motion the property exchange between the City of Smyrna and the Nelms Lodge be approved and the mayor be authorized to sign and execute the appropriate documents to facilitate this exchange of property. Councilman Lnenicka seconded the motion. Motion was approved 6-0. (D) ' Appointments to 125th Anniversary Task Force Mayor Pro Tem Hawkins stated he would make his appointment at the February 3, 1997, meeting. Councilman Wood stated this is an opportunity to utilize the talents of the citizens. The appointments were made as follows: Ward 7 Dottie Bethel, 3815 Woodvalley Drive Ward 6 Bob and Dale Hudgins, 3710 Hickory Circle Ward 5 Cy and Polly Chapman, 2871 Stonecreek Road Ward 4 Deferred to next meeting Ward 3 Vic and Casey Koch, 1480 Roswell Street Ward 2 Deferred to next meeting Ward 1 Deferred to next meeting Mayor's Appointment Deferred to next meeting Councilman Wood made a motion the appointments as listed to serve on the 125th Anniversary Task Force be approved. Councilman Cramer seconded the motion. Motion was approved 6-0. (E) Ordinance Amendment - Section 106.44 - Density Requirements Councilman Newcomb stated several years ago the City of Smyrna passed a tree ordinance and this is a slight amendment to that ordinance to increase the re -planting requirement when a lot is cleared. He stated the added language is in the second paragraph and is on file in the office of the City Clerk. Councilman Newcomb then read the proposed ordinance amendment. He stated the Community Development Committee felt this amendment is an upgrade to the ordinance. Councilman Newcomb stated this ordinance amendment will become effective for any new building plans that are presented to the city. Councilman Newcomb made a motion the ordinance amendment to Section 106.44 - Density Requirements be approved and adopted. Councilman Wood seconded the motion. Motion was approved 6-0. (F) Ordinance Amendment - Screening of Dumpsters Councilman Newcomb stated there is not currently a requirement to screen dumpsters even though a lot of the newer businesses have done that. He further stated the Community Development Department has recommended that new dumpster locations be screened. He then read the proposed ordinance amendment (which is on file in the office of the City Clerk) and stated it will become effective tonight if approved. Councilman Newcomb made a motion that the addition of Section 86-34.1 - Screening of Dumpsters - be approved and adopted. Councilman Lnenicka stated that although existing dumpsters are not covered in residential developments today, he would hope those property managers would consider screening their dumpsters to match what will be in place in the newer developments. Councilman Wood seconded the motion. Motion was approved 6-0. There were none. (A) Bid #96034 - Fully Actuated Traffic Signal - Intersection of Village Parkway and Lake Park Drive Councilman Scoggins stated this traffic signal will be at the corner of Lake Park Drive and Village parkway. He further stated that according to the City Engineer it is a high accident area. Councilman Scoggins made a motion the bid be awarded to the low bidder, meeting specifications, A&P New Georgia Signal Company for a total price of $39,110. Councilman Cramer seconded the motion. Motion was approved 670. (B) Bid #96035 - Bates Street Assemblage Subdivision Grading Package Councilman Scoggins stated this is the area where twelve habitat homes are going to be built and is an extension of Bates Street. Councilman Scoggins made a motion the bid be awarded to the only bidder, B & J Grading and Hauling, for a total cost of $45,450. Councilman Wood seconded the motion. Motion was approved 6-0. (C) Bid #96036 - Bates Street Assemblage Subdivision Water, Sanitary Sewer and Storm Sewer Councilman Scoggins stated this is for the installation of water, sanitary sewer and storm sewer for the Bates Street assemblage subdivision. Councilman Scoggins made a motion the bid be awarded to the low bidder meeting specifications, K.M. Davis Contracting Company, Inc. for a total cost of $44,940. Councilman Wood seconded the motion. Motion was approved 6-0. (A) Approval of January 6, 1997, Minutes (B) Approval of GMA Direct Lease Certificate (C) Approval of GMA Lease Pool Bond Series 1990 (D) Approval to Solicit Bids for Two 48" Commercial Mowers for Public Works Department (E) Approval to Solicit Bids for one 300-Gallon Portable Hydro Seeder for Public Works Department (F) Approval of Name Change - New Spring Road to Spring Road (G) Approval to Purchase Property at 2640 Atlanta Road and Authorize Mayor to Sign Contract Councilman Scoggins made a motion the Consent Agenda be approved. Councilman Newcomb seconded the motion. Motion was approved 6-0. COMMITTEE, REPORTS_ Councilman Wood asked Chris Corey for a report on the Human Resources Department. Mr. Corey reported they are recruiting for three open positions - part-time control desk receptionist in the Parks and Recreation Department; Communications Operators; Building Inspector. Councilman Wood stated Mary Ann White's daughter had recently undergone very serious surgery and asked Chris to update everyone on Megan's condition. Chris responded that Megan is at home recuperating and the doctors are hopeful for a full recovery. Councilman Wood asked Michael Seigler for a report on the Library. Mr. Seigler reported the Library will be closed January 23 and 24, 1997, for the installation of the new computer software. Councilman Wood stated the Library usage has increased dramatically and stated the circulation figures for December of 1996 reflect 9,344 materials were checked out and there was a total of 11,029 people visited the library during December; forty meetings were held; five persons registered to vote; 115 people signed up for the Internet. Councilman Lnenicka stated the city is accepting donations to help fund the building of a statue to be called "The Protector" which will be placed outside the new public safety/jail facility. He stated $8,095 has been raised through January 10, 1997. Councilman Lnenicka expressed his appreciation to the persons/firms who have thus far contributed to this worthy cause and encouraged anyone who would like to make a donation to contact the city. Councilman Lnenicka promised to donate $100 to the fund. Councilman Lnenicka asked Claudia Edgar for a report on the Finance Department. Mr. Lnenicka stated the city now has a drop-off box for after hours payments of utility bills. Ms. Edgar stated the drop box can be used for utility bills and tax bills. Councilman Lnenicka announced for anyone living in Ward 6 (Argyle Estates) interested in the Cobb County rezoning of the property on Campbell and located at the end of Ann Road that the hearing is scheduled for February 4, 1997, at 9:00 a.m. and then the item will go before the Cobb County Board of Commissioners on February 18, 1997, at 9:00 a.m. Councilman Cramer stated there is no report from the Historical Review Committee this evening. Councilman Cramer then asked Ann Kirk for a report on Smyrna Clean and Beautiful. Ms. Kirk displayed the new mulch which is a result of the leaf collection program and there is 4,000 cubic yards available at the Public Works facility for the citizens of Smyrna. She stated the Public Works Department will deliver a truck load to anyone residing in the city if they will contact the Department. Ms. Kirk stated the Adopt -a -Mile Program was canceled last week due to inclement weather and has been rescheduled for Saturday, January 25, 1997, beginning at 10:00 a.m. at the Recycling Center. Councilman Cramer asked Maryclaire Andres for a report on Community Relations. Ms. Andres reported the Jonquil Spring Festival is scheduled for April 26 and 27, 1997. Ms. Andres announced there will be a Jonquil Jog this year which will be a three-mile run down Atlanta Road. Ms. Andres stated there will be four summer concerts this year. Councilman Cramer stated he had received a letter recently concerning some of the areas in Ward 5 with violations of the City of Smyrna ordinances. He stated it is important for everyone to keep their property clean. Councilman Scoggins asked Robin Broyles to report on the Community Development Department. Mr. Broyles stated they are still recruiting a Building Inspector. Councilman Scoggins stated there was no report from the Public Works Department this evening. Councilman Newcomb expressed his appreciation to the staff of the Community Development Department, Human Resources Department for their assistance during his tenure as Chairman of those committees. Councilman Newcomb asked Chief Hook for a report. on the Police Department. Chief Hook reported there had been some recent thefts of property from vehicles and in particularly in the Brighton Way Apartments. He further stated someone reported seeing the thefts and the police apprehended the suspects. Chief Hook then gave the statistics for the Police Department for 1996. Councilwoman Capilouto expressed her appreciation to all city employees for their cooperation during all of last year and especially City Marshal Patti Petrulli's efforts in enforcing the code violations. Councilwoman Capilouto asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio reminded the senior adults that the hours have changed for the aquatic center. The new hours are Monday, Wednesday and Friday - 9:00 a.m. - 5:00 p.m. and on Tuesday - Thursday from 12:00 noon - 9:00 p.m. and Saturday from 10:00 a.m. - 2:00 p.m. Councilman Scoggins read a letter of appreciation from MASDA (Metro Atlanta Square Dance Association) for Susan Hunt's efforts to facilitate their needs. Councilwoman Capilouto asked Chief Williams for a report on the Fire Department. Chief Williams reported the new ladder truck has been received by the City of Smyrna. Mayor Pro Tern Hawkins presented Chief Williams with the key to the new ladder truck. Mayor Pro Tem Hawkins recognized the two political candidates, Garry Osborne and Curt Johnston, who remained for the entire meeting. Mayor Pro Tern Hawkins recognized Mr. Hammond, 2753 Bell Drive. Mr. Hammond stated he had a couple of concerns he wanted to address this evening. Mr. Hammond stated his property has two entrances, one on the front and one on the back. He stated when the street was resurfaced the gate on the back entrance, off Woodland Terrace, was cut off thus doing away with access to the back portion of his property. He stated he thought that problem would be corrected when the work was completed. Mr. Smith responded the Public Works Department would check on that problem. Mr. Hammond stated he had recently received a letter from the City Marshall concerning his vehicles being parked in his yard. He stated he is unable to park the vehicles anywhere else due to his no longer having access to his back yard. Mr. Smith responded Robin Broyles would address that issue. Mr. Hammond also stated he was concerned about the amount he is charged to play racquetball at the Community Center. Mr. Ciaccio stated the charge he quoted was the city resident discounted fee. Mr. Hammond asked about the possibility of city residents being allowed to play at no cost and Mr. Hawkins responded that was not possible. Mr. Hammond stated he was concerned with the statements made tonight that once property was annexed into the city, their fire insurance rates would decrease. He stated that was not true. Mayor Pro Tern Hawkins stated that was correct since the city and county have the same fire rating. Councilwoman Capilouto encouraged Mr. Hammond to call the city if he has any problems with city services. With no further business, the meeting adjourned at 10:15 p.m. A. MAX BACON, MAYOR �h CHARLENE CAPILOUTO, WARD 1 INS, CRAMER, WARD 5 v CHARLES PETE WOOD, WARD 7 , CITY CLERK RON NEWCOMB, WARD 2 LNENICKA,