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11-18-1996 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 A. Max Bacon at 7:30 o'clock p.m. All council members were present. 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 Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Robin Broyles and representatives of the press. Invocation was given by Councilman Wood followed by the pledge to the flag. Mayor Bacon asked Ann Kirk to come forward and introduce a group of students from Griffin Middle School. Ms. Kirk stated the students are from Ms. Saddleback, Ms. Soulis and Ms. Hendricks classes. Ms. Kirk stated the thirty-eight students and three teachers, as well as some peer tutors, volunteered 382 hours to the City in stuffing 7,990 envelopes to send out the sanitation mailing. Ms. Kirk stated the mailing was a five -page mailing, which required folding, stuffing and labeling the envelopes. Ms. Kirk expressed the city's appreciation for their efforts. Mayor Bacon thanked the students and stated he and Howard Smith had eaten pizza with the students before the council meeting and expressed his wish to visit the students at their school some time in the near future. Mayor Bacon then asked Coach Frank Galante, Campbell High School, to come forward. Mayor Bacon read a proclamation honoring the Campbell High School Lady Spartans Softball team. Mayor Bacon stated the team finished third in the State Tournament this year. Mayor Bacon then read the proclamation and presented it to Coach Galante and the members of the softball team. CITIZENS INPUT: Mayor Bacon recognized Mr. Chris Maduros, 2471 Rolling View Drive. Mr. Maduros presented pictures of garbage that he claimed were tracked into his yard. He stated these pictures were taken September 12, 1996. He stated he has additional envelopes of pictures showing trash in his yard from his home to the apartments and stated he has put up with this for almost a year now. He further stated he has to clean his yard every morning. He stated he has observed some of his neighbors placing bags of trash on top of the in -ground receptacles and dogs have gotten into the bags. He asked why the dogs do not have identification tags and are allowed to run loose on Rolling View Drive. Mayor Bacon asked Scott Stokes to investigate this problem and contact Mr. Maduros. Mayor Bacon recognized Cheryl Bursch, Rose Garden/Davenport Town neighborhood. Ms. Bursch stated she is a past resident of Rose Garden, 1976 Turpin Road, but currently resides in Roswell. Ms. Bursch stated she had several residents from Rose Garden present tonight. Ms. Bursch stated she represents Hands, Feet and Mouth, and expressed some concerns about the possible implementation of a Boys Club in the Rose Garden area. She stated she hopes the city will not proceed with any such plan. She then listed her concerns as follows: no legitimate process to get the collective desires and wishes of the residents in that neighborhood; no meetings of more than fourteen adults (out of a neighborhood of over 500 people); no presentation of any research that outlines the problems or target population that the club would address and also no outline of the problems that would be solved by implementing a Boys Club in their neighborhood. She expressed her concerns that the Boys Club does not focus on academic excellence which is what their children need. She suggested the Boys Club could be located in a neighborhood that does not have an organization that helps the youth of their area and not the Rose Garden area. Mayor Bacon stated he was invited to attend a meeting a couple of weeks ago in the Rose Garden Community and at that meeting it was decided to put out "feelers" about the need for a Boys Club in that area. Mayor Bacon further stated the City has not agreed to locate a Boys Club in that area or anywhere in Smyrna. Mayor Bacon stated the people in attendance at that meeting expressed a lot of interest in having a Boys Club located in Rose Garden. Councilman Scoggins stated the location for the Boys Club has not been determined at this time. He stated it was extremely premature to even consider this issue at this time. He stated neither the funds nor the land was available at this time. Ms. Bursch stated Hands, Feet and Mouth likes to work in partnership with the City of Smyrna and does not actually want that to change. Mayor Bacon and Councilman Scoggins stated that process has not changed and again stated the purpose of the meeting with the residents of Rose Garden was simply to determine if they were interested in having a Boys Club built in that area. November 19, 1996 meeting - continued Councilman Wood stated no final decision has been reached on this issue but stated there has been some indications of a lot of support. He stated the city has heard positive feedback from the residents. He stated he did not understand the conflict between a possible Boys Club and the Hands, Feet and Mouth Organization. He stated the Boys Club would provide opportunities for arts, crafts, computer training, games, sports and a well rounded program that is supervised from 7:30 a.m. to 2:30 p.m. or 3:00 p.m. in the summer and in the winter during school, from 2:30 p.m. to 9:30 p.m. He further stated he felt there was a lot to gain from the location of the Boys Club in Smyrna. Councilman Wood stated he felt the two programs would work well together and just did not understand the conflict. Ms. Bursch stated the persons present tonight, all residents of Rose Garden, do not support the Boys Club being located in their neighborhood. Ms. Bursch stated she felt the needs of the youth in that neighborhood have been addressed and if the club was located somewhere else in Smyrna that is another issue and suggested the Boys Club program should be evaluated. Mayor Bacon assured everyone that before any decision is reached on supporting the Boys Club, input will be gathered from everyone in the community. Mayor Bacon recognized Sheree Lynch, Spring Hill Drive, who commended Ann Brady for her efforts while being a member of the Cobb County School Board. Ms. Lynch stated there will be a reception honoring Ms. Brady on Tuesday, November 26, from 5:00 - 7:00 p.m. at the Smyrna Community Center and invited everyone to attend. Mayor Bacon recognized Sue Brissey, Smyrna Clean and Beautiful, who stated the second shipment of the Jonquil bulbs has been received and urged anyone interested in purchasing them to contact the Smyrna Clean and Beautiful. Mayor Bacon recognized Representative Randy Sander. Representative Sauder expressed his appreciation to the City of Smyrna for their support in honor of his being selected as Representative of the Year. Mr. Sander stated the next legislative session will begin the second week of January and invited anyone who had issues of interest to contact him. Mayor Bacon recognized Christine Walden, resident of Smyrna. Ms. Walden stated about a month ago she received a call from the Smyrna Police Department asking her to come and pick up her friends children. She further stated the policeman making the call did not tell her anything about the situation so she hurriedly ran out of the house to do as she had been instructed. Ms. Walden stated she was told to come to the Stephens Woods Apartments and on her way there, she was stopped by a police roadblock. When she was stopped, it was learned that her insurance card showed an expired date and she then explained why she was in a hurry and tried to explain that she does have insurance, is a Cobb County school bus driver and must keep her MVR as clean as possible and could not afford to take time off work to go to court. She stated she went to her insurance company and was assured her insurance was not cancelled, was still in force, but did not have her renewal card. She stated this created a big problem for her and had the police not called her to pick up her friends children, the situation would not have occurred. Mayor Bacon suggested Ms. Walden contact Melinda Dameron on Tuesday. Ms. Walden asked if it was against the law for the police officer calling residents to come to an area to tell the person they were contacting what the nature of the situation was. Mayor Bacon asked Chief Hook to address that question. Chief Hook stated he had no idea why a policeman called her but stated it was certainly not an attempt to set her up to have a ticket written against her. Mayor Bacon recognized Julian Garden, 4025 Chariot Circle. He stated he has recently relocated here from New York and just wanted to advise the city he is impressed with the hospitality and the sense of family that his family has been afforded while in Smyrna. (A) Annexation of Property in Land Lots 623 and 674 - Cooper Lake Drive - 10.738 Acres City Administrator Howard Smith stated this property is owned by Mr. Jason A. Lewis, who petitioned the city to annex his property. He further stated the property was rezoned in a prior meeting. Mr. Smith stated the property is contiguous to city property on Cooper Lake Drive. Mayor Bacon asked if anyone was present in opposition to the annexation of this property. There was none. Councilman Lnenicka stated the petition to annex the property was validated at the October 21, 1996, council meeting with a public hearing date scheduled for tonight. Councilman Lnenicka made a motion the annexation of property in Land Lots 623 and 674 - Cooper Lake Drive, (10.738 acres) to become a part of Ward 6 be approved. He further stated the effective date of annexation would be December 1, 1996. Councilman Wood seconded the motion. Motion was approved 7-0. November 19, 1996 meeting - continued (B) Variance Request - 6018 Bordeau Walk - Reduce Front Yard Setback from 20 Feet to 15 Feet Mayor Bacon stated it was his understanding this issue would be tabled. Councilman Cramer stated that was correct. Mr. Cramer further stated he has had some discussion with the Ken Lindsey, Homeowner's Association President, concerning this issue. Mr. Cramer stated there were some questions that needed clarifying and a meeting has been scheduled this week with that neighborhood. Mayor Bacon stated this is a public hearing and asked if anyone was present to comment on this issue. There was none. Councilman Cramer made a motion the variance request at 6018 Bordeau Walk to reduce the front yard setback from 20 feet to 15 feet be tabled to the December 2, 1996, council meeting. Councilman Hawkins seconded the motion. Motion was approved 7-0. (C) Annexation of Property in Land Lot 629, Parcels 002, 003, 004, 005, 006 and 015 (Creatwood Farm) Mr. Smith stated this property was rezoned at the last council meeting and is being annexed under the Island Annexation Law. Mayor Bacon recognized the property owners. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the annexation of this property. There was none. Councilman Lnenicka stated this is the front half of the property known as Creatwood Farm which is an unincorporated island within the city boundaries. He stated the property was rezoned at the last council meeting from a planned shopping center to a residential zoning in the city. Mr. Lnenicka stated the owners have requested annexation of this property and make it a part of the city in order for the subdivision being built there will all be in the city. Councilman Lnenicka made a motion that the property located at 3270, 3172, 3160 and 3220 Atlanta Road in Land Lot 629, Parcels 002, 003, 004, 005, 006 and 015 (known as Creatwood Farm) be annexed to become a part of Ward 6 with an effective date of December 1, 1996. Councilman Wood seconded the motion. Motion was approved 7-0. Mr. Crowe expressed his appreciation to the city for their efforts on their behalf. He stated this action will end 104 continuous years of his family living on Creatwood (four generations) and they are proud of the way they are leaving the property. (D) Ordinance Amendment - Appendix A, Article V, Section 503 - Buffer Strip Required Mr. Smith stated this is the second reading of the proposed ordinance amendment. He further stated this requires a buffer strip for developments to provide either a natural vegetation area or provide for fencing. He further stated the city is amending the ordinance with respect to the required 10 foot buffer strip where the owner is required to place a permanent wall or opaque fence not less than six feet in height on the property. Mayor Bacon stated this is a public hearing and asked if anyone was present who wanted to make any comments regarding the proposed amendment. There was none. Councilman Newcomb stated that Section 503 currently requires a buffer strip and this proposed amendment does not enlarge the buffer strip nor does it put in a new requirement for a buffer strip. He stated the amendment contains some clarifying language. He stated currently the ordinance requires that a business development joining a residential area, if that business development is less than five acres, it must have a ten foot buffer; if it is five acres or more, it must have a fifty foot buffer which must be planted. He stated the ordinance requires if the buffer can not be planted due to topography, the business may put in a fence. He further stated the clarifying language states the fence only applies to the ten foot buffer and the other change is in the fifty foot buffer requirement, it allows that to be utilized as vehicle access and this says that a driveway can not be placed on this fifty foot buffer - it must be planted. Councilman Newcomb made a motion that the ordinance amendment to Appendix A, Article V, Section 503 - Buffer Strip Required be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (E) Ordinance Amendment - Sign Ordinance Mayor Bacon stated this is the second reading of this ordinance and he understands this item will be tabled to the December 16, 1996, council meeting. Councilman Newcomb stated that is correct. Mayor Bacon stated this is a public hearing and asked if anyone was present who wanted to comment on this proposed amendment. There was none. Councilman Newcomb made a motion that the proposed ordinance amendment - Sign Ordinance - be tabled to the December 16, 1996, meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (A) Bid Opening (#96023) - Warren Hydraulic Sand Spreader Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Fontaine Truck Equipment Company $8,025.00 Smyrna Truck Equipment Company $6,916.00 Stowers Lilagore $7,243.00 Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their review with a recommendation to be brought back before Mayor and Council at the next council meeting. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Bid Opening (#96024) - Two Meyer Snow Plows Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: SMA South Equipment Company $7,511.14 Smyrna Truck Equipment Company $8,998.00 Fontaine Truck Equipment Company $7,960.00 Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their review with a recommendation to be brought back before Mayor and Council at the next council meeting. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Bid Opening (#96025) - Two EM 120/240V Natural Gas Generators Mayor Bacon asked if there were any bids in the audience. There were none. Mr. Stokes stated these generators will be used at the city's lift stations. The bids were opened and read as follows: High Tech Power Systems $19,716.00 J&T Service Center, Inc. $18,453.00 each Cummings South, Inc. $27,108.38 base bid (Total delivered price) $36,250.38 Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their review with a recommendation to be brought back before Mayor and Council at the next council meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Bid Opening (#96026) - Concrete Pavers Mayor Bacon asked if there were any bids in the audience. There were none. Mr. Stokes stated this is for the sidewalk that will surround the Knight Davidson project. The bids were opened and read as follows: Site Technologies, Inc. $53,860.00 Unique Paving System, Inc. $50,959.20 Flintstone Paver Installations $46,327.05 Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their review with a recommendation to be brought back before Mayor and Council at the next council meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. November 181 1996 meeting - continued (E) Bid Opening (#96027) - Decorative Light Fixtures Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: JT Electrical Contractors $28,600.00 Askea Electric Company $20,669.29 Councilman Cramer made a motion the bids be turned over to the Public Works Committee for their review with a recommendation to be brought back before Mayor and Council at the next council meeting. Councilman Wood seconded the motion. Motion was approved 7-0. (F) Bid Opening (#96028) - Water Main and Service Installation Mayor Bacon asked if there were any bids in the audience. There were none. Mr. Stokes stated this will be for a parallel main to run down Bank Street from King Street to Hamby Street to accommodate the new housing that is being built by Knight Davidson. The bids were opened and read as follows: Faucett Contracting Company, Inc. $19,825.00 Ardito Ditching & Piping Company $16,025.00 Davis Contracting $18,695.00 Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their review with a recommendation to be brought back before Mayor and Council at the next council meeting. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS - (A) Temporary Building Permit - NRH Enterprises, Inc. - Six Month Permit for an Emission Station - 2400 Atlanta Road (Belmont Hills) Councilman Hawkins made a motion that the temporary building permit for NRH Enterprises, Inc., for a six month permit for an emission station at 2400 Atlanta Road be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Temporary building Permit - NRH Enterprises, Inc. - Six Month Permit for an Emission Station - 2552 South Cobb Drive (South Cobb Plaza Shopping Center) Councilman Cramer made a motion that the temporary building permit for NRH Enterprises, Inc., for a six month permit for an emission station at 2252 South Cobb Drive (South Cobb Plaza Shopping Center) be approved. Councilman Wood seconded the motion. Motion was approved 7-0. BID AWARDS - (A) Bid Award (#96022) - Garbage Truck for Public Works Department Councilwoman Capilouto stated the Public Works Department and the Public Works Committee recommend the bid be awarded to Consolidated Disposal Systems for a total amount of $87,363.00. Councilman Cramer seconded the motion. Motion was approved 6-0 with Mr. Scoggins abstaining. (B) Bid Award (#96020) - Dump Truck - Rugby Body Councilman Wood made a motion,the bid be awarded to Fouts Brothers UD-GMC Truck, Inc., for a total amount of $45,999.00. Councilman Cramer seconded the motion. Motion was approved 6-0 with Mr. Scoggins abstaining. (C) Bid Award (#96021) - Flat Bed Truck - Warren Body Councilman Wood stated bids were solicited and only one bid was returned. He stated the returned bid was from Fouts Brothers UD-GMC Truck, Inc. Councilman Wood made a motion the bid be awarded to Fouts Brothers UD-GMC Truck, Inc., for a total amount of $46,723.00. Councilman Cramer seconded the motion. November 18, 1996 meeting - continued Motion was approved 6-0 with Mr. Scoggins abstaining. (A) Approval of November 4, 1996, Minutes (B) Approval to Solicit Bids - Concrete Saw - Public Works Department (C) Approval to Solicit Bids - DE Filter Covers and Grids at Tolleson Pool (D) Approval of GMA Master Lease Agreement (E) Approval of Budget Transfer - Professional Services (Audit of Ad Valorem Tax, E-911 and Design Work on Spring Road) (F) Approve Resolution to Adopt 401(A) Money Purchase Plan with ICMA Retirement Corporation (G) Approval to Request Bids - Extension of Bates Street (H) Approval to Request Bids - Two Vehicles - One Crown Victoria and One Mid Size Four Door Car - Police Department (1) Approval to Request Bids - Plastic Water Service Replacements (J) Set Date for Show Cause Hearing - Aay Caramba - December 2, 1996 Councilman Wood made a motion the consent agenda be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS_ Councilwoman Capilouto asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio reminded everyone of the annual "coming home for Christmas" parade and tree lighting ceremony is scheduled for December 3, 1996, on the Village Green. He stated there will be caroling at the Library and Community Center with refreshments as well. Councilwoman Capilouto asked Michael Seigler for a report on the Library. Mr. Seigler stated the statistics for October are as follows: Circulation - 12,428 books and 15,483 people came through the library during the month of October. He stated there are three displays in the library now: Miss Miller and Stephanie Wells are exhibiting art hearts, which are both dolls and Christmas baskets; the East Cobb Quilt Club is exhibiting elaborate quilts which are truly elaborate works of art and invited everyone to come and look at the Japanese versions; and downstairs is a display of books by Sandra Chastain, a prominent romance author who lives in Smyrna. Councilman Newcomb asked Mary Ann White for a report on Human Resources. Ms. White stated the city is looking for part-time lifeguards at the Church Street Aquatics Center. The positions can be applied for through November 20, 1996. Councilman Newcomb asked Robin Broyles for a report on Community Development. Mr. Broyles reported applications for the position of building inspector are being reviewed and hopefully a replacement inspector will be hired within the next two or three weeks. Councilman Newcomb read a letter complimenting the Public Works Department - Sewer Department. Councilman Scoggins asked Ann Kirk for a report on Smyrna Clean and Beautiful. Ms. Kirk expressed her appreciation to both Mayor Bacon and Howard Smith for joining the Griffin Middle School volunteers for pizza prior to the council meeting. Ms. Kirk announced there were 20,000 jonquil bulbs remaining for sale to the public. Councilman Scoggins asked Scott Stokes for a report on the Public Works Department. Mr. Stokes reported the Antler Trail curbing project should be complete this week with the landscaping being Finished either the end of this week or next week; the next concrete project is the South Cobb Drive sidewalk project; services have all been changed out in Ward 1; the leaf collection program is working extremely well. Mr. Stokes reminded everyone there are two days during one week of the month which is scheduled for leaf vacuuming and if the residents can not make that schedule, the leaves can be bagged and they will be picked up on Wednesday. Councilman Hawkins asked Nancy Hancock for a report on the Cemetery Commission. Ms. Hancock reported there are still commemorative bricks available for sale at a price of $50 each. Ms. Hancock stated the historical marker sign for the cemetery has been ordered and hopefully it will arrive soon. Councilman Hawkins reminded everyone that if they receive a police citation from the Smyrna Police Department, probably half of those are payable offenses which can be paid without the person having to go to court. Councilman Hawkins stated he would like to see a number printed on the back of the city citations listing a number that could be called so someone could determine if their citation is a payable offense. Councilman Cramer stated Chief Williams does not have a report on the Fire Department this evening. Mr. Cramer stated October was Public Safety Month and Smyrna Firefighter Grady Ruff was recognized as the Firefighter of the Year from Smyrna. Councilman Lnenicka reported that Patrick Bell was recognized as the Police Officer of the Year. Councilman Lnenicka reported Chief Hook had received a letter from Todd Maloney, Professor of Criminal Justice at Kennesaw State University. Mr. Lnenicka stated the letter commended Detective Larry Wood for his expertise in the area of criminal investigation. Councilman Lnenicka then read a letter of commendation for the Public Works Department on behalf of their work in the leaf collection program. Councilman Lnenicka noted the BFI Recycling schedule will change during Thanksgiving week. He stated if your pickup day is Thursday, it will be Friday; the Friday pickup will be on Saturday during the Thanksgiving week. Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook reported on several notable arrests recently. Chief Hook then reported on the stats for his department this year. Chief Hook reported that last week the City of Smyrna hosted a meeting of 35 persons from around the United States group from the Organizational Law Enforcement Technology Commercialization which is an advisory board to the National Institute of Justice. He reported they were very impressed with the City of Smyrna. Councilman Wood stated there is no report from the Finance Department this evening. Councilman Wood stated at the December 2, 1996, meeting the independent auditors will be in attendance to present their audit for the fiscal year ending June 30, 1996. Mayor Bacon wished everyone a Happy Thanksgiving. With no further business, the meeting adjourned at 8:57 p.m. A. MAX BACON, MAYOR MaAbru L-k0k)6 CHARLENE CAPILOUTO, WARD 1 BILL SCOGGINS, 40i(&/ JACK CRAMER, WARD 5 w4o� �* 4% CHARLES PETE WOOD, WARD 7 -o- MELINDA DAMERON, CITY CLERK RON NEWCOMB, WARD 2 JAMES M. HAWKIl L§, WARD 4 WADE S. LNENICKA, WARD 6