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11-17-1997 Regular MeetingNovember 17, 1997 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, except for Ron Newcomb who was out of town on business. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, 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, City Engineer Ken Hildebrandt, Chief Building Official Robin Broyles, Community Relations Director Maryclaire Andres, and representatives of the press. Invocation was given by Reverend Lee Delbridge, Smyrna Christian Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Bill Brown, Senior Vice Commander of the Smyrna American Legion Post 160. Mr. Brown presented the Mayor and Council with a plaque of appreciation and a certificate of participation for the city's combined efforts with the Post 160 Legion for displaying the American flags along Atlanta Road. Mayor Bacon recognized Rick Hartley and Brett McClung, Andersen Hunt and Company. Mr. McClung reported on the Comprehensive Annual Finance Report (CAFR) and stated the city is in good financial condition based on the results of their audit. He also commended Finance Director Claudia Edgar and her staff for their assistance during this process. Mr. McClung presented Ms. Edgar with plaques from the Government Financial Officer's Association (GFOA) for Excellence in Financial Reporting (CAFR) and the Distinguished Budget Presentation Award. Ms. Edgar expressed her appreciation to her staff as well as the Department Heads for their assistance during the budget process. Councilman Lnenicka expressed his appreciation to the city staff for their efforts during the budget process as well as the Mayor and Council for their support. PUBLIC HEARINGS: (A) Variance Request - 1060 Dell Avenue - Two Accessory Structures on One Lot Mr. Smith stated Robert Joiner is asking for the variance to allow him to have two accessory structures on one lot due to his son being transferred by the Navy and the need to have a place to store his son's belongings. Mr. Smith stated Mr. Joiner has notified his contiguous neighbors of his variance request and they have indicated they have no problem with the variance being granted. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Mr. Hawkins asked Mr. Joiner to briefly describe the type building he plans to build. Mr. Joiner responded it is an aluminum Morgan building, either 10' x 14' or 10' by 16'. Mr. Joiner stated the building will be on a cement block foundation and not permanently attached to the ground making it possible to move the building in the future. Mr. Hawkins stated the back of Mr. Joiner's property abuts commercial property and the property owner, Mr. O'Neal, as well as the adjoining neighbor, Mr. Medlin has signed a letter stating they have no objections to the building. Councilman Hawkins made a motion that the variance request at 1060 Dell Avenue to have two accessory structures on one lot be approved. Councilman Scoggins seconded the motion. Motion was approved 6-0 (Mr. Newcomb was absent). (B) Alcoholic Beverage License Request - Agent Change - Carrabba's Italian Grill - 2999 Cumberland Circle - Retail Pouring of Beer, Wine and Liquor Mr. Smith stated this request is for an agent change only and the proposed agent, John Arundale, 3145 Mission Ridge Lane, Atlanta, Georgia, has been a resident of Cobb County for eighteen months and the Police Department investigation revealed nothing that would preclude the issuance of the license to Mr. Arundale. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this alcoholic beverage license request. There was none. Councilwoman Capilouto asked Mr. Arundale how long he had been employed by Carrabba's and he responded about eighteen months and is in a management position. Ms. Capilouto asked if he has ever held an agent's license before and he responded he has not. Ms. Capilouto asked Mr. Arundale about Carrabba's training program for its employees. Mr. Arundale responded new hires have a two-day class November 17, 1997, meeting - continued with the second day focusing on alcohol awareness and everyone is encouraged to card all persons who do not look at least thirty or above. Ms. Capilouto reminded Mr. Arundale that all alcohol servers must be fingerprinted and permitted. Ms. Capilouto stated the Business License Officer has given Mr. Arundale a copy of the Alcoholic Beverage License Ordinance and reviewed the ordinance with Mr. Arundale. Ms. Capilouto noted for the record that the Police Department investigation revealed nothing that would preclude the issuance of this license. Councilwoman Capilouto made a motion the alcoholic beverage license request for retail pouring of beer, liquor and wine at Carrabba's, 2999 Cumberland Circle, be approved with Mr. John Arundale as the agent. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Mr. Newcomb was absent). (C) Approval of Replacement of Chapter 50 - Fire Prevention and Protection Mr. Smith stated this proposed replacement of Chapter 50 is a comprehensive re -write of Chapter 50 and is designed to bring the chapter up to date. He further explained part of the chapter have become obsolete due to changes in federal and state laws. Mr. Smith further stated the Fire Committee has reviewed the proposed changes and recommends the approval of the replacement Chapter 50. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to speak on this issue. There was none. Councilwoman Capilouto asked Chief Williams to explain why the changes are necessary. Chief Williams stated several of the organizations involved in setting codes and standards have either dissipated or changed their names and this is simply a modernization of the document. He further stated there are only a couple of significant changes to the document. He stated the significant changes are as follows: allow firefighters to write tickets for parking in fire lanes; adoption of the State's standard for setting a minimum distance between buildings. Councilman Hawkins asked if each individual property owner is responsible for marking and posting signage indicating fire lanes at their place of business. Chief Williams responded that is correct. Councilwoman Capilouto noted for the record this is the second reading of the proposed ordinance amendment, which is on file in the office of the City Clerk. Councilwoman Capilouto made a motion the proposed ordinance amendment for the replacement of Chapter 50 - Fire Prevention and Protection be approved. Councilman Hawkins seconded the motion. Motion was approved 5-1 with Councilman Lnenicka opposed (Mr. Newcomb was absent). (D) Annexation of Unincorporated Island (#27) - Belmont Circle, Woodland Trail and Turner Drive Mr. Smith stated this item was tabled from the October 20, 1997, meeting to allow sufficient notification to be mailed to the affected homeowners according to the last known owners of record according to the Cobb County Tax records. Mr. Smith stated the island contains 14.77 acres and consists of thirty individual parcels. Mayor Bacon stated this is a public hearing and asked if anyone was present to address the issue. Mr. O'Neal, 208 Belmont Circle, stated he did not want to be annexed into the city limits. Councilman Cramer stated he met with some of the affected residents prior to the council meeting this evening. He stated he addressed their concerns regarding fire and police protection, sanitation and sewer service and benefits of being in the city limits of Smyrna. Councilman Cramer made a motion the annexation of unincorporated island #27, Turner Drive, Woodland Trail and Belmont Circle be approved to become a part of Ward 5 with an effective date of December 1, 1997. Motion was seconded by Councilman Hawkins. Motion was approved 6-0 (Mr. Newcomb was absent). (E) Business License Request - Pronto Taxi - 1860 Cobb Parkway #600, Marietta, Georgia Mr. Smith stated this request is an amendment to the original license request filed June 9, 1997, by Carlos Urrutia. Mr. Smith further stated Vivian Lee Ovalle Urrutia, the applicant, is applying for the license for Pronto Taxi and Limousine Company located at 1860 Cobb Parkway, Suite 600, Marietta. Mr. Smith stated the Police Department investigation revealed a number of operational problems regarding non- compliance and citations in Marietta, Cobb County and Smyrna. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to address this issue. There was no one. Councilman Lnenicka asked Ms. Urrutia to come forward. Mr. Lnenicka asked Ms. Urrutia about her involvement with the taxi business. Ms. Urrutia responded she is responsible for the paperwork and knows what is going on in the business and performs office duties. Mr. Lnenicka asked Ms. Urrutia if she had November 17, 1997, meeting - continued any other experience in operating a taxi business. Ms. Urrutia responded no. Mr. Lnenicka asked about Rodriques A. Ovalle Carranza and Mr. Urrutia responded he is his older brother. Mr. Lnenicka stated that according to police records, Mr. Carranza was stopped and cited by the Marietta Police Department for "no insurance" and "false proof of insurance." Mr. Lnenicka asked Mr. Urrutia to explain what happened in this situation. Mr. Urrutia stated his older brother does not work for him but at the time he was driving one of the vehicles to his home. He stated that the vehicle was not ready to be put in service as a taxi. Mr. Urrutia stated the Marietta Police have a list of all the insured vehicles for Pronto Taxi and this car was not listed as being insured. Mr. Urrutia stated the car was impounded. He further stated he was called and shortly thereafter he met with Lt. Biggers and showed him the appropriate paperwork and the car was released and Lt. Biggers suggested Mr. Urrutia speak with the Marietta Business License office, which he did. Mr. Lnenicka asked Mr. Urrutia if Mr. Carranza had a false insurance card. Mr. Urrutia responded he did not and that the insurance was valid. Mr. Lnenicka stated there is a new insurance policy effective November 12 but asked if this car was insured by the former insurance company on November 8. Mr. Urrutia responded yes it was. Mr. Urrutia stated the former insurance policy did not expire until November 11 and as of November 12 they had insurance with a new company. Mr. Lnenicka asked Mr. Urrutia if a hearing is scheduled for November 24 in the City of Marietta concerning his license. Mr. Urrutia responded that was correct and the purpose of the hearing is to allow Joyce, Marietta Business License Officer, to explain the business license requirements of the City of Marietta. Mr. Lnenicka then asked Mr. Urrutia to explain who Mr. Arturo Uriostegui Mojica is and his relation to Pronto Taxi. Mr. Urrutia explained Mr. Mojica is an ex -driver for Pronto Taxi. Mr. Lnenicka asked Mr. Urrutia to explain what happed to Mr. Mojica on November 8 of this year. Mr. Urrutia stated Mr. Mojica was stopped by the Marietta Police Department and charged with driving on a suspended license and having narcotics in the vehicle. Mr. Urrutia further stated the car was impounded. Mr. Urrutia stated he was called and spoke with Lt. Biggers and Donna Fritz, Permits Department. He stated he explained to Ms. Fritz that sometimes it is difficult to keep a close look at all the drivers. He stated he tries to be as careful as possible when hiring drivers for his company. Mr. Lnenicka stated to Mr. Urrutia that it is his responsibility to ensure that the drivers are operating the vehicles for hire within the law. Mr. Urrutia stated he has asked the officers of the Marietta Police Department to come and talk to his drivers and that he has asked his drivers to bring him a drug test by next week. Mr. Lnenicka asked Mr. Urrutia if he has a Cobb County business license and he responded he has applied for one but has not received it yet. Mr. Lnenicka stated Mr. Urrutia has a City of Marietta business license and also has a hearing scheduled for November 24 to discuss the status of that license. Mr. Urrutia explained the purpose of the hearing on November 24 is to make sure he understands the requirements of operating a business in the City of Marietta. Mr. Lnenicka stated he understands the Cobb County Police Department is also conducting an investigation based on the above described incidents and there is some concern that five or six cars were legally insured and then photocopies of those cards were made and altered for the remaining ten to twelve cars. Mr. Urrutia stated that was not correct and that he has documentation to prove that is incorrect. Mr. Lnenicka asked when the case against Mr. Carranza is scheduled and he responded December 6, 1997. Mr. Lnenicka asked if the previous insurance policy expired or was it revoked. Mr. Urrutia responded it was actually cancelled by the company because he had two accidents and they were not paying the claims. He stated since they did not pay on those claims he did not pay his premiums. Councilman Wood asked Mr. Urrutia if the Captive Insurance Company is licensed with the State Insurance Commission and authorized to conduct business in the State of Georgia and if it meets all the state laws relative to capitol and reserve requirements for insurance companies. Mr. Urrutia responded yes and further stated that Action Cab and A-1 Cab are also insured by this company. Councilman Lnenicka asked Mr. Urrutia if his business is a sole proprietorship and he responded yes. Councilman Lnenicka asked City Attorney Chuck Camp since there is no conviction in the cases cited against the former driver of Pronto Taxi should this item be tabled until the outcome of these cases is determined. Mr. Camp recommended the item be tabled until the outcome is determined and the possible involvement, if any, of the Taxi company. Councilman Lnenicka made a motion that the business license request for Pronto Taxi, 1869 Cobb Parkway, Suite 600, Marietta, Georgia, be tabled until the council meeting of December 15, 1997. Councilman Wood seconded the motion. Motion to table until December 15 was approved 6-0 (Mr. Newcomb was absent). FORMAL BUSINESS: (A) Authorize Mayor to Sign and Execute Subrecipient Agreement (#97-CCCDBG-SMY) with Cobb County, M.U.S.T. and City of Smyrna Mr. Smith stated that as part of the Community Development Block Grant funding this year the city requested a portion of the funding be applied to MUST Ministries in the form of a $25,000 grant to help them purchase and renovate an existing building at 2125 Old Concord Road. Mr. Smith stated the Cobb November 17, 1997, meeting - continued County CDBG office requires the city to not only execute an agreement with them but also with MUST Ministries to ensure that they comply with the original CDBG grant application. Councilman Lnenicka stated the city has approved an allocation of funds whereby MUST Ministries must purchase and renovate a building at 2125 Old Concord Road in Smyrna. Mr. Lnenicka stated the city has approved an allocation of $25,000 for this purpose to support the efforts of MUST Ministries. Councilman Lnenicka made a motion that the Mayor be authorized to sign and execute Subrecipient Agreement #97- CCCDBG-SMY with Cobb County, M.U.S.T. and the City of Smyrna. Councilman Wood seconded the motion. Motion was approved 6-0 (Mr. Newcomb was absent). (B) Ordinance Amendment - Chapter 54 - Floods Mr. Smith stated this is a result of discussions with a number of citizens and members of council requesting that the regulations regarding flooding in the City of Smyrna be reviewed. Mr. Smith stated the City Engineer was directed to review this situation and Mr. Hildebrandt has proposed several changes to the existing Chapter 54 of the Ordinance. Councilman Scoggins stated this item has not come before the Community Development Committee but has been reviewed by the Public Works Committee. Mr. Scoggins asked Mr. Hildebrandt to come forward and address this issue. Mr. Hildebrandt explained there are basically two revisions being proposed for this Ordinance Chapter 54; one is that the minimum finished floor elevation for a newly constructed home be at least three feet above the one -hundred year flood plain and further stated the current ordinance requires one or two feet dependent on the flood plain the property is in. He stated the second revision requires that if a developer fills in the flood plain, he must compensate by removing earthwork as well. Mr. Hildebrandt stated this will allow for retention of water to protect adjacent property. Councilman Scoggins made a motion that the proposed revisions to Chapter 54 - Floods be approved. Councilman Wood seconded the motion. Motion was approved 6-0 (Mr. Newcomb was absent). (C) Appointment to Planning and Zoning Board - Ward 4 Councilman Hawkins stated Mr. Ottis Cheatham, the current appointee -to the Planning and Zoning Board for Ward 4 has asked to be removed from the Board due to health concerns. Councilman Hawkins made a motion that Nancy Hancock be approved as the appointee to fill the unexpired term of the Planning and Zoning Board for Ward 4. He further stated this term will expire December 31, 1998. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Mr. Newcomb was absent). (D) Ordinance Amendment - Clean and Beautiful Ordinance Councilman Cramer stated the Clean and Beautiful Commission has recommended that the name of the Smyrna Clean and Beautiful be renamed "Keep Smyrna Beautiful." Councilman Cramer made a motion that the Smyrna Clean and Beautiful be renamed "Keep Smyrna Beautiful." Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Mr. Newcomb was absent). *Councilman Lnenicka made a motion to suspend the rules for the purpose of adopting a resolution for amend the lease contract with the Downtown Development Authority and to approve the execution and delivery of a bond purchase agreement, a preliminary official statement and an official statement in connection with DDA Revenue Bonds Series 1997. Councilman Wood seconded the motion. Motion was approved 6-0 (Mr. Newcomb was absent). (E)* Adopt Resolution and Amend Lease Contract with DDA Councilman Lnenicka stated City Attorney Chuck Camp has prepared a seven -page resolution to approve, authorize and provide for the execution and delivery of that certain fourth amendment and restated lease contract dated as of September 1, 1989, by and between the City of Smyrna and the DDA to authorize and approve the execution and delivery of a bond purchase agreement in the preparation, use and delivery of a preliminary official statement and official statement in connection with the Downtown Smyrna Development Authority Revenue Bonds Series 1997; to concur the designation of said Series 1997 Bonds as qualified tax-exempt obligations within the meaning of Section 265133 of the Internal Revenue Code of 1986 as amended and for other purposes. City Attorney Camp stated this is necessary to be entered into the minutes in order that the DDA can November 17, 1997, meeting - continued proceed to validate and issue revenue bonds to re -finance the project and to further excess funds be used toward construction of a fire station. Councilman Wood stated this is a re -financing of existing bonds and the city is not issuing any new bonds. City Attorney Camp stated this action is necessary so that the resolution in its present state will be entered into the minutes. Councilman Lnenicka made a motion to adopt the resolution as described above. Councilman Wood seconded the motion. Motion was approved 6-0 (Mr. Newcomb was absent). COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid #97047 - Refinishing Work on Fiberglass Reinforced Columns at Community Center Councilman Scoggins made a motion the bid be awarded to Interior Systems, Inc., Atlanta, Georgia, for a total delivered price of $20,350. Councilman Cramer seconded the motion. Motion was approved 6-0 (Mr. Newcomb was absent). (B) Van for Clean and Beautiful Department Councilman Cramer made a motion the bid be awarded to Jim Tidwell Ford, the low bidder meeting specifications, for a total price of $19,123. Councilman Wood seconded the motion. Motion was approved 6-0 (Mr. Newcomb was absent). CONSENT AGENDA: (A) Approval of November 3, 1997, Minutes (B) Approval to Request Bids - 830 Feet of Water Main and Two Fire Hydrants (Annexation of Turner Drive) (C) Approval to Request Bids - 700 Feet of Sewer Main and Service Taps (Annexation of Turner Drive) (D) Approval to Request Bids - Engineering Services from Welker and Associates - Design of Outfall Sanitary Sewer Main for West Cooper Lake Pumping Station (E) Approval of 1 % Road Improvement Budget Amendment (F) Approval to Request Bids - Water Line on South Cobb Drive to Serve Camp Highland Road Area (G)* Approval to Request Bids - Replacement Vehicle for Police Department *Councilman Cramer made a motion to suspend the rules for the purpose of adding an item to the consent agenda. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Mr. Newcomb was absent). Councilman Cramer made a motion to add Item (G) - Approval to Request Bids - Replacement Vehicle for Police Department (one vehicle). Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Mr. Newcomb was absent). COMMITTEE REPORTS: Councilman Wood asked Michael Seigler for a report on the Library. Mr. Seigler reported this is National Children's Book Week and there will be a special program November 18. He further stated Mr. Michael White, nationally recognized children's illustrator, will be showing children and adults how to illustrate using a spray painter. Mr. Seigler stated on Friday evening, Mr. Jeff Swanigan, Deputy Director of Zoo Atlanta, will be present to give a lecture on new developments and future plans and exhibits they will have. Mr. Seigler stated there are several excellent exhibits at the Library this month - art exhibit by the artist Lola; angel display; a Wanda Crane art exhibit. Mr. Seigler stated circulation for last month was 13,139; attendance for last month was 17,344; 29,000 Internet sites were visited last month. Mr. Seigler stated the Friends of the Smyrna Library are conducting a fundraiser by selling calendars - Book Lovers Calendar. Mr. Seigler reported Santa Claus will be in the Library following the Christmas Parade and tree lighting ceremony. He further stated pictures of the children with Santa Claus will be made - free of charge. November 17, 1997, meeting - continued Councilman Lnenicka stated there is no report from the Finance Department this evening. Councilman Lnenicka again commended Ms. Edgar and her staff for their financial awards presented this evening. Councilman Cramer asked Maryclaire Andres for a report on the Community Relations Department. Ms. Andres reported the city recently was awarded the 1997 National Award for Excellence by the Urban Land Institute for the redevelopment of the downtown area. Ms. Andres reported the coming home for Christmas parade will be December 2. Mayor Bacon stated the national award the city recently received is probably the nicest award the city has received since the revitalization project began. Mayor Bacon stated he, Councilwoman Capilouto and Howard Smith recently went to New York to receive this award. Mayor Bacon further stated the city also received a "AA" bond rating. Councilman Cramer reported there are still jonquil bulbs available at Burger's Market, Reeves Garden Shop and the Recycling Center. Councilman Cramer asked Chief Hook for a report on the Police Department. Chief Hook reported on the status of the new public safety facility. Chief Hook reported there was a homicide in Smyrna today at the Carriage Apartments. He stated the detective division is investigating but no arrests have been made yet. Councilman Hawkins asked Scott Stokes for a report on the Public Works Department. Mr. Stokes reported the sanitation schedule will be altered due to the Thanksgiving holidays next week. He then reported on the status of several projects. Councilman Scoggins asked Robin Broyles for a report on the Community Development Department. Mr. Broyles reported on the building statistics for his department. Mr. Broyles reported the new addition at the Public Works facility is ready and invited everyone to come visit the new area. Councilman Scoggins asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio thanked the Senior Advisory Board and the Parks and Recreation Commission for their assistance at the recent Halloween Carnival. Mr. Ciaccio also reported on the upcoming December 2 events. Councilwoman Capilouto asked Chief Williams for a report on the Fire Department. Chief Williams reported the Radon test kits are available at the fire station for residents interesting in obtaining one. Mayor Bacon recognized Charlene Capilouto's parents and her cousin, Manuel Gillam, as being in attendance at tonight's meeting. Councilwoman Capilouto reminded everyone to have their fireplaces cleaned for safety purposes and to not drink and drive during the upcoming holidays. Mr. Smith reported the process of demolition at the old city hall and police station is underway. Mayor Bacon recognized State Representative Frank Bradford who was in attendance at tonight's meeting. With no further business, the meeting adjourned at 9:17 p.m. November 17, 1997, meeting - continued A. MAX BACON, MAYOR CHARLENE CAPILOUTO, WARD 1 ACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 MELINDA DAMERON, CITY CLERK RON NEWCOMB, WARD 2