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05-04-1998 Regular MeetingMay 4, 1998 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 Howard Smith, Deputy City Clerk Candis Joiner, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Councilman Hawkins, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon stated that Vera Kathleen (Kathy) Brooks, former council member from 1984 - 1991, passed away Saturday, May 2, after a lengthy bout with cancer. Mayor Bacon stated Ms. Brooks was with the city during the beginning stages of the revitalization of the downtown. Mayor Bacon commended Ms. Brooks for her team spirit and hard work as a council member and stated she will certainly be missed. Mayor Bacon stated funeral services for Ms. Brooks will be Tuesday, May 5, at 11:00 a.m. at the Smyrna First Baptist Church. Mayor Bacon recognized Jim Croy, Cobb County Director of Transportation. Mr. Croy gave an update on the road projects in Cobb County and Smyrna. Mr. Croy expressed his appreciation for being allowed to come and update the citizens. He stated one of the most visible projects in Smyrna is the Spring Road widening project. He further stated the first phase of Spring Road (from Cobb Parkway to Argyle Elementary School) is complete and work is continuing on the second section from Argyle School to Atlanta Road. He stated the traffic has been moved to the two outside lanes and the contractor is working on the median. The project is on schedule and it is his understanding the project will be complete, substantially complete, by the end of May. He stated the contractor will be out of the roadway at that time and working on punch lists, landscaping issues, addressing follow up on repairs and stressed that landscaping will be a big component of that. Mr. Croy explained basically what the citizens will see early on is the basic grassing and the County will be working with the city on its final landscaping plans but most of that will be done next fall. Mr. Croy stated the other visible project is the work being performed at Cobb Parkway and Hargrove Road. He stated the section from Cobb Parkway to Powers Ferry Road - Windy Ridge Parkway - is open enabling motorists to drive from Cobb Parkway to Powers Ferry Road. He further stated on May 12 the contractor will be making the hill cut and begin tying in the section of the road which is the relocation of Hargrove Road to line up with Whitley Road (now Windy Ridge Parkway) which the county calls the Whitley Road Extension. He further stated that section of Hargrove will only be one lane in either direction for the next three or four weeks. Mr. Croy stated the contractor should have all that work completed and the tie-in to Cobb Parkway finished by mid -July. Mr. Croy outlined the work being done on Cooper Lake Road -- the shoulder widening project -- which is basically a two-lane improvement to the existing end of Cooper Lake to Veterans Memorial Parkway; and the new bridge work to the right of the East-West Connector which will be the new Cooper Lake Road with a new bridge over Nickajack and also a new bridge over the railroad tracks. He stated by this time next year, these projects will be complete. Mr. Croy stated one of the upcoming projects of interest to the City of Smyrna is the bid opening in mid -June for the Atlanta Road widening project. He stated this section will be from Windy Hill Road north to Richardson Street (at the Naval Air Station). He stated this project will include a new underpass under the railroad that will eliminate the Richardson Street and Dixie Avenue crossings and allow a way to go under the railroad. He stated right of way acquisition is moving forward on those two projects. Mr. Croy stated the County has been able to upgrade two bridges that are either in the city or close to the city limits - Cooper Lake at Laurel Creek and the Church Road bridge over Nickajack. He stated both bridges will be closed as soon as school is out and should be open before school starts back in the fall. Councilman Newcomb stated he thought it was important for the citizens to realize that the county does plan to get the cul-de-sacs formed at Arden Way, Beech Valley, Highland Drive, Dundee Drive. Mr. Croy stated that was correct and they will be working with every property owner and the city along Spring Road to address all the concerns they have as the contractor May 4, 1998, meeting - continued finishes up. Councilman Newcomb then discussed the mini -turn lanes at County Park, Countryside and for westbound traffic at Glenroy Place. Mr. Croy stated as the median comes together over the next two weeks, people will see they have ample opportunity to get out of the through lane of traffic to make their turns. Councilman Newcomb stated the traffic lights are currently out of synchronization but that will be corrected when the project is completed. Mr. Croy stated fiber optic cable has been run along Spring Road and the signals will be tied into the advanced traffic management system that the city has as well as into Cobb County's Control Center. He stated once the loops are cut, the actual operation of those signals will be turned over to the city. Councilman Hawkins asked about the status of the Concord Road widening project between South Cobb Drive and Atlanta Road. Mr. Croy stated as the East/West Connector was nearing completion, the county suggested waiting to see the impact as it related to Hurt Road and Concord Road before making recommendations for Concord Road. Mr. Croy stated since the Connector opened last December, there have been dramatic drops in traffic on both Concord and Hurt Road -- well in excess of 30%. He stated at this time the county recommends allowing the county to look at some key intersection issues along that section of roadway, especially the South Cobb Drive intersection, and address those levels of service at the intersections rather than the impact of adding a center turn lane all the way through the project. Councilman Newcomb discussed the benefits of the 1 % road tax and how it impacts the city. Mr. Croy stated the county estimates a 30-month extension of the tax, if the voters approve it in November, will generate about $263 million in those thirty months. Councilman Newcomb stated the city's share of the 1 % sales tax brings in the equivalent of 2 mills worth of property tax. Mayor Bacon thanked Mr. Croy for the update. Mayor Bacon stated he had recently been invited to attend a Space Shuttle Launch at Russell Elementary School on April 23, 1998. He further stated that as a result of what he observed at that visit he asked the teachers and students involved to attend tonight's meeting. Mayor Bacon recognized Ms. Penny Dollar, principal of Russell Elementary School, Mr. Chris Laster, Ms. Kimberly Penner and the students involved in Star Sailor I Space Shuttle Launch. Howard Smith read a proclamation in honor of their efforts. Mayor Bacon presented the proclamation to Ms. Dollar and Mr. Laster. Ms. Dollar introduced Mr. Chris Laster and Ms. Kimberly Penner of Russell Elementary School. Mr. Laster stated his fifth grade class took a field trip last November to the U.S. Space and Rocket Center in Huntsville, Alabama, and had recently undertaken a project to simulate a space shuttle and talked about the involvement, not only of his class, but the entire school during the project. Mr. Laster stated Ms. Penner participated as the teacher in space and several students participated as astronauts. Mr. Laster stated his mission controllers worked in 2 '/2 hour shifts with an intensity unlike any he had seen, monitoring every aspect of the mission 24 hours a day. He stated when the shuttle "landed" on Friday, April 24, 1998, at 12:50 p.m. the entire school gave them an incredible homecoming. Mayor Bacon recognized the following persons for their participation in the shuttle as follows: Mr. Chris Laster, Ms. Kimberly Penner, Jessica Amy, Monica Anderson, Robert Anderson, Katie Casey, Regan Colestock, Bill Cordell, Jeremy Dumas, Jamie Elwood, Jacob Hammond, Jennifer Johnson, Ashley Jones, Matt Krause, Mark Loner, Cristen Lowe, Jake Mattingly, Arinze Nwachukwu, Michael Redwine, Fayetta Rutledge, Josh Williams-Vandervort, Jennifer Worthington, Jennifer Black, Melissa McDaniel, Erica Weyman, Shannon Wilson, Chris Chaney, Mira Dimova, E. J. Hamrich, Sarah Promprasert, David Simms and Serena Stanley. Ms. Dollar commended the students and staff for their efforts during this exercise. One of the students stated Mr. Laster has a goal to apply and become a teacher in space for the real space program. One of the other students stated that some day other students at other schools will try to accomplish a project of this type. Mayor Bacon recognized Councilman Cramer who presented sponsors of the Jonquil Jog with a certificate of appreciation and tee shirts. Mr. Cramer recognized the following sponsors: Marietta Daily Journal - Tom Siliven; Terry Cougle - Bonz Sports Grill; Lamar Lester - Wade Ford; Richard Holmes - Georgia Power; Carl Haithcox - IBM; Charyn Darby - North Georgia Trophy and Engraving; Shelly Durrance - Regions Bank; Kenny Burtz - Key Lime Pie; and the following companies were recognized for their sponsorship: Cable Time, Smyrna Cable TV, Howard's Deli; Post Properties, Artcraft Collision Repair Shop, Knight -Davidson, Techprints, John Wieland Homes and Coca Cola. Mayor Bacon recognized Steve Rogers of the West Smyrna Soccer Association. Mr. Rogers thanked the city for their efforts in providing space for the Soccer Association. Mr. Rogers May 4, 1998, meeting - continued stated there are currently 587 young people participating in their program. Mr. Rogers invited everyone to attend the Fun Day at Jonquil Park on May 17 at 1:00 p.m. Mayor Bacon recognized Johnny Plunkett, 91 Concord Road, who stated he did not support the extension of the 1 % Road sales tax. Mayor Bacon recognized Victor Yankouski who announced a reception in honor of Representative Randy Sauder on May 12 from 5:30 to 7:30 p.m. at the Smyrna Community Center and invited everyone to attend. PUBLIC HEARINGS: (A) Alcoholic Beverage License Request - Whiskers Tavern - 2997 Cumberland Circle, Suite 100 - Retail Pouring of Beer, Wine and Liquor Mr. Smith stated this item was tabled from a previous meeting. Mr. Smith stated Thomas W. Altamura has submitted an application to be the agent for this establishment and is also the owner of the business. He further stated Mr. Altamura listed his address as 1708 Countryside, Smyrna but actually lives at 145 Pine Club Lane, Alpharetta. Mr. Smith stated the Police Department revealed nothing that would preclude the issuance of this license to Mr. Altamura. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was no opposition. Councilwoman Capilouto asked Mr. Altamura why he did not attend the April 20, 1998, council meeting. Mr. Altamura stated he was not present due to a communication misunderstanding. Mr. Altamura stated he currently holds the licenses for two other locations in Dunwoody. Ms. Capilouto stated Whiskers Tavern is registered with the Secretary of State's office and is in good standing. Ms. Capilouto stated during the investigation the Department of Revenue was contacted and there have been no violations against Whiskers Tavern and is in good standing as well with the Fulton County Business License Department. Ms. Capilouto asked Mr. Altamura about his address listed at Countryside. Mr. Altamura stated he had planned to move to Countryside when construction of the business begins and that he actually does not reside there at this time but currently resides in North Fulton. Ms. Capilouto stated she was concerned about the incorrect address listed on the application form. Mr. Altamura stated he planned to have a dual residency due to the distance he lives in North Fulton. Councilwoman Capilouto asked City Attorney Camp if this application should be resubmitted. Mr. Camp responded the item could be tabled until a later date but since the information was not changed prior to the meeting it was actually too late to ask the applicant to change that information now. Ms. Capilouto stated Mr. Altamura could resubmit the application with the correct address for consideration at the next council meeting. Councilwoman Capilouto asked Mr. Altamura what type food Whiskers' Tavern will be serving and he responded they will serve fish, steak and bar food. Ms. Capilouto asked Mr. Altamura if he had received the ordinance section governing the sale of alcoholic beverages and he responded he has. Ms. Capilouto cautioned Mr. Altamura that the city conducts sting operations and asked about the training program for Whiskers Tavern. Mr. Altamura stated they do not have a training manual but they instruct the employees to card everybody. He further stated he has been in this type business for twenty years and asks his employees to card everyone for proper identification. Ms. Capilouto asked Mr. Altamura if he understands that the employees serving alcohol must be permitted and he responded yes. Councilman Hawkins encouraged Mr. Altamura to thoroughly read the ordinance section governing the sale of alcoholic beverages. Mayor Bacon expressed his concern over available parking spaces and Mr. Altamura responded he had talked with the shopping center owners about that. Mayor Bacon asked about entertainment and Mr. Altamura responded they will have live entertainment - bands - and sports events at that location. He further stated the bands would be performing on Friday and Saturday evenings. Councilwoman Capilouto made a motion to table the alcoholic beverage license request for Whiskers Tavern, 2997 Cumberland Circle, Suite 100, until the next council meeting due to the incorrect address of the applicant on the application. Councilman Newcomb seconded the motion. Motion was approved 7-0. May 4, 1998, meeting - continued (B) Rezoning Request - Rezone 10.37 Acres on Spring Road - From RM-12 Townhomes (RTD Conditional) to RM-12 - Condominiums Conditional Mr. Smith stated this rezoning request was brought before the Planning and Zoning Board April 14 and approved by a vote of 6-0. Mr. Smith further stated the applicant has assembled four tracts for the Condominium Conditional zoning. He further stated there will be approximately 9.64 units per acre. Mr. Smith stated there are a number of stipulations that were supported by the Planning and Zoning Board and will become a part of the minutes if the rezoning is approved. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to address this issue. City Attorney Chuck Camp administered the oath to Bob Carlton of Ashwood Development, Tim Tise of Realty Development Corporation and Ms. Sandi Sands, resident of Lexington Trace. Councilman Scoggins asked Mr. Tise and Mr. Carlton to come forward to answer any questions or concerns the council may have. Mr. Scoggins asked Mr. Tise to briefly explain the plans for the condominium development. Mr. Tise responded they plan to develop the Spring Road property pretty much the same as the Vinings Forest complex. He further stated they plan to have 100 condominium homes and all will be sold as owner -occupied. He stated there will be a gated entrance with a fence completely around the complex, pool with cabana, and most of the homes - approximately 90 out of 100 - will have garages. He stated the homes will be a combination of townhome and garden style. He stated the complex will be professionally landscaped with a condominium association and professionally managed. He noted that the Vinings Forest complex is completely sold out and they are beginning to start the last and fourth phase of that development. Mayor Bacon asked Tim Tise about a very large old oak tree near the street at Elmwood Drive and if there were any plans to save that tree. Mr. Tise responded they will make every effort to save the tree and does not see any problem with saving the tree. He stated the tree is almost on the right of way, plus they have a 10-foot buffer area and they will work with the arborist to save the tree. Councilman Scoggins asked Mr. Tise about the gate to the complex. Mr. Tise responded they will probably not install the gate until after construction is complete but will have a vinyl coated fence all the way around and they plan to install a wrought iron fence with brick columns along Spring Road. Mr. Scoggins asked about the adjoining property to the rear of the proposed complex. Mr. Tise stated there has been some interest expressed by several parties about the development encompassing that property into the complex, but they have not talked with the property owners yet. He stated normally when the document package is put together, any potential expansion property has to be included in it. He stated they intend to contact those property owners before the document package is finalized to see if there is any interest in adding them to the property. Councilman Newcomb asked about the percentage of homes that will be garaged. Mr. Tise responded 90 homes will have garages and further explained that the ten terrace homes do not have garages. He stated those terrace homes will have two parking spaces outside. Councilman Lnenicka asked Mr. Tise if he would be willing to stipulate that brick pavers will be installed at the entranceways and Mr. Tise stated he would. Mr. Tise also stated they would participate in a recycling program in conjunction with the city. Mr. Scoggins stated the recycling program would be added as stipulation 23. Councilman Scoggins asked Ms. Sandi Sands to come forward. Ms. Sands, resident of Lexington Trace townhomes, stated she supports this development of Realty Development, and feels it will be an enhancement to the entrance of the City of Smyrna on Spring Road. Ms. Sands stated the residents of Lexington Trace like this development much better than the one proposed initially. Ms. Sands indicated they have circulated flyers and had open meetings regarding this proposed development and have received no negative comments regarding it. Councilman Scoggins thanked Ms. Sands and the other residents for their involvement with the planned development. Councilman Scoggins stated the neighborhood supports this proposed development and commended Mr. Tise for the quality development he has built in Smyrna. Councilman Scoggins read the following stipulations: The property shall be zoned for condominium use and shall be sold by the developer as owner occupied. Developer stipulates that all condominium homes will be sold by contract from developer to purchasers who stipulate that this condominium will be their May 4, 1998, meeting - continued principal place of residence. The sales contract term will state, "Representation. Buyer represents and warrants to Seller that he or she, in good faith, intends to occupy the home as a principal residence." 2. The property shall be zoned with a maximum density of 9.64 units per acre on 10.374 acres. The total homes on the property shall not exceed 100 condominium homes. 3. A minimum of 50% of the fronts of the condominium buildings will be brick and the remaining 50% shall be brick or masonry siding. All ends of the buildings shall have brick or masonry siding. This stipulation is contingent upon the Economic Incentive Package being passed by the Mayor and Council. 4. Each condominium shall have between 1150 and 1700 square feet of heated space. 5. All utilities shall be underground. 6. All trash collection shall be accomplished by collection methods acceptable to the City of Smyrna. 7. All drainage and storm water detention facilities shall meet all applicable state, city and county ordinances and codes, shall be reviewed by the City Engineer, and shall be designed to discharge at a maximum flow rate that is 85 % of the existing flow rate currently exiting the property. 8. The storm water detention facility shall be screened from view from the exterior and the interior of the development by use of fencing and landscaping. 9. There shall be a 10-foot, undisturbed (no tree cut) buffer maintained along the western boundary of the property adjacent to Lexington Trace Town Homes. 10. Each condominium shall have two parking spaces either garaged or outside. Ninety homes will have garages. At least thirty-four additional spaces shall be provided as guest parking. The parking of recreational vehicles, boats, trailers, or disabled vehicles of any type shall be prohibited on the property. 11. Streetlights shall be provided within the development and shall be acorn -globe type streetlights. 12. The entry way from Spring Road shall be professionally landscaped and a wrought iron brick column fence shall face Spring Road with an entry gate. The property will be fenced with a 6' vinyl coated chain link fence. A landscaping sprinkler system shall be included. 13. The entry on Elmwood Drive shall be professionally landscaped and shall include four (4), acorn globe type streetlights. 14. All tree replacements on the property shall be in accordance with the City of Smyrna's tree ordinance. 15. The front side and rear of each condominium building shall be landscaped or sodded. 16. The development shall have a mandatory homeowner's association. 17. All streets within the development shall be private and shall be maintained by the mandatory homeowner's association. 18. It shall be recorded with the Clerk of Court in the Public Records of Cobb County, Georgia, in the Covenants, Conditions and Restrictions of the development that all of the following shall be maintained by the mandatory homeowner's association. a. All entryway walls, fencing and signage. b. All entryway landscaping and sprinkler system c. All landscaping interior to the development d. All landscaping and fencing used for the purpose of screening the storm water detention facility 19. The planting of jonquils shall be incorporated in all entryway landscaping as well as the landscaping throughout the interior of the development. 20. The condominium buildings will have a maximum of 12 homes to the building. 21. Developer will install brick pavers at the entranceways. 22. All aspects, features and details of the site plan prepared by Planners and Engineers last revised April 8, 1998, attached hereto and made a part hereof the zoning conditions as "Exhibit A" shall be allowed under this zoning. 23. Developer will provide adequate and screened space for a recycling container, positioned and planned in conjunction with the City of Smyrna. Councilman Scoggins made a motion the rezoning request to rezone 10.37 acres on Spring Road from RM-12 Townhomes (RTD Conditional) to RM-12 — Condominiums Conditional be approved with the above listed stipulations. Councilman Hawkins seconded the motion. Councilman Newcomb commended Mr. Scoggins for all his hard work on this development and the fact that 23 stipulations are included in his motion. Mr. Newcomb further stated that long term he feels the density for that portion of town is too great and for that reason he can not support the motion. Councilman Scoggins asked Mr. Tise when he plans to begin construction. Mr. Tise responded they hope to begin construction within 60 days of land closing which is May 4, 1998, meeting - continued near the end of the month. Councilman Lnenicka expressed his appreciation to Mr. Tise for the work he has done on this proposal and for his work with the neighbors. Mr. Lnenicka stated he was glad to see the neighbors supportive of the development. Councilman Lnenicka stated Mr. Tise has been very easy to work with because he has been so agreeable to doing what the city has asked him to do. Mayor Bacon stated he was glad to have Mr. Tise as the developer of the property. Motion was approved 6-1 with Councilman Newcomb opposed. (C) Annexation of Property at Spring Street and Matthews Street (.52 Acres) Mr. Smith stated this is part of acreage that will be combined with property that was rezoned on March 16,1998, for Lifestyle Residential, Inc. to support the construction of 37 townhomes. Mr. Smith further stated the petition was validated at the April 6, 1998 meeting and all legal advertisements have been made. Mr. Smith stated Ralph M. Lacy has requested this annexation and the property will become a part of Ward 3 with an effective date of June 1, 1998. Mayor Bacon stated item 3-D is related to the annexation of this property and therefore Mr. Smith will not have to provide a narrative for Item 3-D. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the annexation of this property. There was no opposition. Councilman Scoggins stated all the legal advertisements have been made. Councilman Scoggins made a motion to annex the property at Spring Street and Matthews (.52 Acres) in Land Lot 593, to become a part of Ward 3 with an effective date of June 1, 1998. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Annexation of Property - Spring Street (West of Intersection of Spring and Matthews Street) (1.359 Acres) See narrative above. Mr. Smith stated Mr. Nolan C. Robinson, Sr., has requested the annexation of his property on Spring Street, just west of the intersection of Spring and Matthews Street. 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 Scoggins made a motion that the annexation of the property on Spring Street (1.359 acres) (west of intersection of Spring and Matthews Street) in Land Lot 593 be approved to become a part of Ward 3 with an effective date of June 1, 1998. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (E) Annexation of Unincorporated Island on Concord Road - Land Lot 380, Parcels 15 and 88 (2.25 Acres) Mr. Smith stated this annexation is being proposed under the Island Annexation Laws of the State of Georgia and involves two property owners - Mr. Lloyd Laine and Dr. Richard Roeske - and will become effective, if approved, June 1, 1998 and be a part of Ward 4. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the annexation of this property. There was no opposition. Councilman Hawkins stated this property is the Chiropractic Practice of Dr. Roeske and a Florist Shop just west of the intersection of South Cobb Drive on Concord Road. He further stated these two parcels have been surrounded by city property for quite some time. Councilman Hawkins made a motion that the property in Land Lot 380, Parcels 15 and 88 (2.25 acres) be annexed to become a part of Ward 4 effective June 1, 1998. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (F) Annexation of Unincorporated Island on King Springs Road (Land Lot 485, Parcels 22, 23, 24, 25 and 27) (6.53 Acres) Mr. Smith stated this annexation is being proposed for annexation under the State of Georgia Island Annexation Law and, if approved, will become a part of Ward 4 with an effective date of June 1, 1998. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the annexation of this property. There was no opposition. Councilman Hawkins stated this annexation involves five property owners in Land Lot 485 - Parcels 22, 23, 24, 25 and 27 and all are residential dwellings. He further stated that even though this annexation started as a petition to take in that Island, Bobby C. Cochran and Mary Lou Cochran, owners of Parcel 23, have signed a petition of their own free will to annex into May 4, 1998, meeting - continued the city. Councilman Hawkins stated for the record that Mr. Cochran has a couple of outbuildings in his backyard, which is rather large and stated his lot is about 2 acres. He stated he has told Mr. Cochran that those two buildings will be grandfathered and assured him the council will honor that and the buildings will not have to be taken down. He further stated Mr. Cochran is voluntarily coming into the city. Councilman Hawkins stated this island annexation will complete all the island annexations in Ward 4 that are less than 50 acres. He stated there are still portions of Ward 4 that are attached to tracts larger than 50 acres. Councilman Hawkins made a motion that the unincorporated island on King Springs Road, Land Lot 485, Parcels 22, 23, 24, 25 and 27, be annexed into the city to become a part of Ward 4 effective June 1, 1998. Councilman Newcomb seconded the motion. Councilman Hawkins noted for the record that none of the affected homeowners voiced any opposition to the annexation. Motion was approved 7-0. FORMAL BUSINESS: (A) Appointment to Smyrna Housing Authority - Ward 6 Councilman Lnenicka stated the Ward 6 appointment to the Smyrna Housing Authority expires this month. He further stated Mr. George Mercurius has served on this commission for five years and has done an excellent job. Councilman Lnenicka made a motion to reappoint George Mercurius, for a five-year term, as the Ward 6 representative on the Smyrna Housing Authority. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of April 20, 1998 minutes (B) Approval to Authorize Mayor to Sign LARP Contract - LAU27 8531-15(67) - Lake Park Drive - Plant Mix Resurfacing (C) Approval to Close Dunn Street (From STOP Sign at Corner of Dunn and Legion Street to Corner of Dunn and Hunter Street) Saturday, May 16, 1998 From 5 - 10 p.m. (D) Approval to Request Bids for the Construction of the Train Depot (E) Approval to Request Bids for the Restoration of Aunt Fanny's Cabin (F) Approval to Change Name of Hargrove Road to Cumberland Boulevard (G) Approval to Install 3-Way Stop Sign at Western Intersection of Fawn Lane and Deerwood Parkway (H) Approval to Use Council Chambers May 21, 1998, 7 - 9 p.m. for Ward 4 Meeting (1) Approval to Request Bids for Landscape Maintenance Contract Councilman Hawkins made a motion to approve the Consent Agenda. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood had nothing to report this evening. Councilman Lnenicka read a proclamation in honor of Municipal Clerks Week, May 3 through May 9, 1998. Councilman Lnenicka announced the city is in the midst of the budget process for FY 99 and the fiscal year begins July 1, 1998. He stated the staff announced to the council last Thursday evening that the city has basically a virtually balanced budget, just a few thousand dollars off, but an excellent job has been done by staff, department heads and Howard Smith and all the folks in the city. He stated most of the month of May will be spent reviewing that document, looking at the policy implications of it and the specific parts included in that - both revenues and expenditures. He stated the city has included a tentative millage rate reduction on the property tax and are continuing to look at ways to enhance the employee pay and benefits to May 4, 1998, meeting - continued keep them competitive with other governments in the area and private industry. He stated this is a major undertaking of the council each year to take the money that the citizens allow the city to borrow and develop a balanced budget that can be used to present back goods and services to them with that money. Councilman Lnenicka stated he is optimistic that early in June the council can adopt a budget. He again expressed his appreciation to everyone for their efforts. Councilman Lnenicka expressed his condolences to the family of former council member Kathy Brooks. Mr. Lnenicka stated Ms. Brooks served on Council with him during his first four-year term. He stated when he thinks of Kathy Brooks, he thinks of her as being honest, an optimist at heart, team -player, someone who was good hearted, someone who supported the downtown redevelopment and had the idea of what Smyrna ought to be and very strongly supported that. He stated he felt she tried to do her best to help people that she came in contact with and the citizens that she served. He stated she will be missed. Councilman Cramer stated the funeral services for Kathy Brooks will be May 5, 1998, at 11:00 a.m. at Smyrna First Baptist Church. Mr. Cramer stated Kathy will be missed and was a good friend. Mr. Cramer stated after he took office, Ms. Brooks was a good supporter of his and noted she will be missed. Councilman Cramer stated the Arthur T. Bacon Golf Tournament this past weekend was good with good weather and a great participation rate. Councilman Cramer expressed his appreciation to the police officers that helped during the Jonquil City Jog last weekend. Councilman Hawkins stated Kathy Brooks will be missed. He stated when he thinks of Kathy he thinks about someone who was there at the very first workshops the city had when they discussed the redevelopment of Smyrna. Mr. Hawkins stated Kathy was very optimistic and very much excited about doing something for Smyrna. He stated over and above all of that, when he thinks of Kathy, he thinks of someone who probably served for the very purest of reasons that anyone could serve on a city council. He stated he did not think.Kathy had a political bone in her body - she was just not political and never sought to promote herself or her own interests, never clamored for a spot in front of the camera. He stated she served because she enjoyed serving and served for the very purest of reasons. He stated that should be a great lesson to all of us and she will be missed. Councilman Hawkins then apologized to a citizen who called him requesting speed humps on her street. Mr. Hawkins indicated her name and address have been misplaced and asked that she please call him and discuss her request for speed humps. He further stated the policy for the installation of speed humps is to get a petition signed by 60% of the affected property owners stating they are in support of the speed humps. Councilman Scoggins stated when he came on council, Kathy Brooks was on council and taught him a lot about being a councilperson. He stated she will be missed in this city. Councilman Scoggins commended Maryclaire Andres for the excellent work she did in conjunction with the Jonquil Festival. He reported the turnout was the largest it has ever been. Councilman Newcomb stated that even though he did not serve on council with Kathy Brooks, it is clear to him that she made a difference in that she was part of the team that started the redevelopment of the city. He stated the family of Kathy Brooks could certainly take comfort in the fact that Kathy did make a difference by being part of the team. Councilman Newcomb stated there was a good article in the Marietta Daily Journal about Fire Chief Larry Williams and Assist Fire Chief Jimmy Bivens about the purchase of additional warning sirens for the city. He stated the city is proud of the fact that we have more sirens per geographical area than anybody else and further stated that Cobb County is only one of eight counties that has sirens. He stated the sirens serve the citizens well in warning of severe weather. Councilwoman Capilouto expressed her condolences to the family of Kathy Brooks. She stated she did not know Kathy very well but whenever they saw each other Kathy was very cordial and nice. May 4, 1998, meeting - continued Mr. Smith stated it has been a great two weeks in Smyrna with the Arthur T. Bacon Golf Tournament at Fox Creek Golf Course and the Jonquil Festival. He further stated that Sports Illustrated has just designated Fox Creek and Legacy as the sixth best practice facility in America. Mr. Smith stated the Aunt Fanny's Cabin fundraiser was very successful and enjoyable. Mr. Smith commended Maryclaire Andres and all the folks in Parks and Recreation and all the volunteers from Smyrna Clean and Beautiful and other parts of the city that did so much to make that weekend a success. Mr. Smith then announced the first spring concert will be May 16 from 4 - 10 p.m. and will be a Beach Party style concert. Mr. Smith announced the Senior Health Fair will be held Thursday, May 7, at the Community Center from 8:00 a.m. to 12:00 Noon. Mayor Bacon announced there are still tickets available for Smyrna Seniors Day at the Atlanta Braves for Wednesday, May 6. He stated bus service to and from the ballgame is available and encouraged anyone interested in going to the game to contact Patty Bacon tomorrow morning at 770-431-2842. ADJOURNMENT With no further business, the meeting adjourned at 9:15 p.m. 0 0,111� " itt A. MAX BACON, MAYOR MELINDA DA RON, CITY , LERK CHARLENE CAPILOUT , WARD 1 RON NEWCOMB, WARD 2 BI-L-I:SCOGGINS, WW 3 fAMES M. HAWKINS, WARD - JACK CRAMER, WARD 5 zd � &14- CHARLES PETE WOOD, WARD 7