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09-21-1998 Regular MeetingSeptember 21, 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, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Coordinator Ann Kirk, Personnel Officer Jay Joseph, City Engineer Ken Hildebrandt, Community Development Director Robin Broyles, Community Relations Director Maryclaire Andres and representatives of the press. Invocation was given by Councilman Hawkins, followed by the pledge to the flag CITIZENS INPUT: Mayor Bacon recognized Maryclaire Andres. Ms. Andres stated the Taste of Smyrna event held September 12 was a great success and asked Jack Corcoran and Mayor Bacon to come forward to help present trophies for the winners of Best Entr6e - Steak and Ale; Best Dessert - Key Lime Pie, Inc.; Best Decorated Booth - Bonz. Ms. Andres expressed her appreciation to the sponsors of the event. Mayor Bacon commended Ms. Andres for organizing the event and the sponsors and vendors for their participation. Mayor Bacon recognized Representative Randy Sauder who recognized the Mayor and City Council with a resolution approved by the General Assembly citing the tremendous achievements that have taken place in the city over the last several years. Representative Sauder presented the resolution to the City. Mayor Bacon recognized Representative -elect Rich Golick who thanked the voters of the Vinings and Smyrna area for giving him an opportunity to serve them in the House of Representatives. Mayor Bacon recognized Representative Frank Bradford who commended the city for their redevelopment efforts. Mr. Bradford expressed his appreciation to the voters who supported him recently in the unsuccessful bid for re-election. Mayor Bacon recognized Art Comeaux who announced he would be seeking election as a candidate for the District 29 State Representative post currently held by Randy Sauder. Mayor Bacon recognized Francis Souris, part owner of the Jonquil City Retirement Home, who applaudedthe city's efforts in redeveloping the city. The citizen asked the Mayor and council if they could do anything with the older buildings on Roswell Street to improve the appearance of the area by enforcing the ordinances of the city. Mayor Bacon asked Mr. Souris to give more specific locations to our Community Development Department whereby they could contact the appropriate property owners and ask them to correct any possible code violations. Mayor Bacon recognized Ms. Mary Rose Barnes, Oakdale resident, who spoke in opposition to a proposed development in the Oakdale area. Ms. Barnes stated the area is adjacent to the city of Smyrna. Ms. Barnes further stated the property in question is a 24-acre tract bounding on Oakdale Road, Main Street and Lois Street. Ms. Barnes stated the plan calls for rezoning from RA-6 and R-20 to Fee Simple Townhouse to build 142 duplexes with a density of 6 units/acre. Ms. Barnes stated the property is in the county but asked for the city's support in opposing this rezoning. Ms. Barnes asked residents interested in signing a petition in objection to the rezoning to contact her and gave her phone number. Mayor Bacon stated that he and Councilman Lnenicka have met with the developers of the property several weeks ago and told them the city had serious concerns about the density and the cost of the units to be built. Mayor Bacon stated the city has contacted several county folks and has asked the city's Planning and Zoning Board to look at this zoning even though it is not in the city. Mayor Bacon stated that he feels this council will make some type of recommendation to the county at the city's October 5 meeting. Mayor Bacon stated the city has worked closely with Commissioner Joe Lee Thompson in zoning property and trying to make sure that what is good for the county is also good for the city. Mayor Bacon suggested Ms. Barnes contact Mr. Thompson and express her concerns to him. September 21, 1998, meeting - continued PUBLIC HEARINGS: (A) Variance Request - 2380 Ventura Road - Reduce Front Yard Setback from 40 Feet to 14 Feet Mr. Smith stated the applicant Cassandra Pickard, representing Color My World, Inc., is requesting the variance in order to accommodate an addition to the building which will enable them to provide space for additional needs for a potential daycare facility. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance. Several persons came forward and were sworn in by City Attorney Chuck Camp. Councilman Cramer asked Ms. Pickard to briefly explain why the variance is needed. Ms. Pickard stated the building is a 24' x 34' structure and they hope to expand it to a 45' by 65' structure in order to have a decent -sized daycare facility. Councilman Cramer asked Ms. Pickard if she has considered the traffic impact at this location and how many children would she hope to have at the facility. Ms. Pickard responded she has considered the traffic and the State has indicated that 65 children would be the maximum number of children allowed at the facility. Ms. Pickard stated she has contacted the surrounding property owners asking them if they have any objections to her request and they have indicated they do not have a problem with this proposed facility. Councilman Cramer stated he visited the property today and has talked to Mr. Derek Hicks, 2373 Ventura Place, who indicated he had signed the notice stating he had no objections but has changed his mind and withdrawn his support for the facility. Mr. Cramer asked about the State's requirement for play area per child and Ms. Pickard responded the State requires 35 square feet per child and the outside play area is 100 square feet per each child in a group that is outside. Ms. Pickard indicated the children would be outside in classes and not all at one time so there would be sufficient play space outside for the children. Ms. Pickard stated the roofing business owners, Mr. Beasley, indicated he would sign the variance form stating he has no objections to her business if she would allow him to do the roofing and gutters for the proposed building. Ms. Pickard responded that actually the building will be built 16 feet from the wall as it stands now but the contractor told her to ask for a little more in the variance even though it will not be needed. Mayor Bacon asked Ms. Pickard if she currently conducts a business from this location and she responded she does not, that they have just acquired the property. Mayor Bacon asked if it would be possible to do what she plans to do with the existing structure and Ms. Pickard responded the building would be too small to have a decent daycare center there. Councilman Cramer stated the road is a dead end street with several other businesses located on it including Adventure Outdoors and is a busy street. Councilman Hawkins asked Ms. Pickard if she is licensed by the State of Georgia to operate a daycare center and Ms. Pickard responded she is not but has submitted her application and they are in their process of reviewing the application but have to wait for the approval of the zoning and the city fire marshal before the license could be completed. Mr. Hawkins asked Ms. Pickard if she had worked in this field before and she responded yes. Councilman Scoggins asked if the building would be 14 feet from Ventura Road and Ms. Pickard responded yes. Mr. Scoggins asked about the height of the fence and Ms. Pickard responded the fence would be 4 feet high surrounding the back portion of the property for the play area and this is the height required by the State. Councilwoman Capilouto asked Ms. Pickard about the 35 square foot requirement per child that the State requires. Ms. Pickard responded that requirement is within the building. Councilman Newcomb asked about the structures located on either side of the proposed building. Ms. Pickard responded on one side is a parking lot for the business and the other side is vacant except for a storage building. Councilman Lnenicka asked about the appearance of the proposed building. Ms. Pickard responded the building will be a one-story white framed building with a gabled roof, sixteen windows and the ceilings will be 8 feet high. Councilman Newcomb asked if the existing building would be used and Ms. Pickard responded that they will use the existing building but it will be gutted and opened up. Councilman Cramer recognized Todd Beasley, property owner on Ventura Road, who expressed his concerns about the expansion of the building and the reduction of the front yard setback and the area in which the children will be playing. Mr. Beasley stated he would like to September 21, 1998, meeting - continued see either a higher fence or a blockade -style fence installed along the area fronting his property where the children will play. He stated he is not totally against the daycare but questions how they are going to expand. Mr. Beasley also expressed his concerns about the increased traffic and the potential for additional cars cutting through the back lots of the properties that front on South Cobb Drive to avoid the intersection of Windy Hill Road and Ventura Road. Councilman Cramer recognized Ms. Claire Gunn, resident of Ventura Road, who asked about the number of children and cars that will be coming in Ventura Road and expressed her concerns about the additional traffic. Ms. Gunn stated she also felt a fence higher than 4 feet should be installed. Ms. Pickard responded to the concerns expressed by the citizens. Ms. Pickard stated in reference to the front yard setback, the setbacks of the existing surrounding buildings are even less than the setback she has requested. She further stated that the backyard only backs up to the old Men's Den business, which has a concrete wall. Ms. Pickard stated she has spoken with Shiree Young, owner of the property, who has told her they have no problem with the daycare. Ms. Pickard stated all 65 children will not be in the play area at one time, they will be divided into different age groups and will be on different schedules. Ms. Pickard stated if all the neighbors wanted a higher fence she would be happy to install a six— foot tall fence but the four -foot fence is all that is required by the State. Ms. Pickard stated that normally with a daycare situation there is usually an off -duty police officer directing traffic during the high volume times and they would be happy to ask for assistance from the city in that respect. She further stated not all parents of the children would be coming at the same time. Ms. Pickard stated she would be willing to ask the parents of the children to not cut through the businesses of other people to access South Cobb Drive. Ms. Pickard stated she does have ample parking space, which is well over what the city requires of a daycare of this size. Councilman Newcomb expressed his concern about the increased size of the proposed building on a lot that it does not seem to fit and the fact that another variance would be required. Ms. Pickard stated the only amount of the variance she actually needs is 16 feet from the front of the building as it now exists out toward the street and instead of the 26 feet she requested, it is only 16 feet, and actually it would reduce the setback from 40 feet to 25 feet. Councilman Newcomb asked Robin Broyles what the existing zoning on the property is and Mr. Broyles responded it is General Commercial. Councilwoman Capilouto asked Ms. Pickard if the variance is approved would she be willing to have an off -duty police officer on duty during the morning and afternoon peak traffic and Ms. Pickard responded yes. Ms. Capilouto asked Ms. Pickard if she would be willing to install a six-foot fence instead of a four -foot fence and she responded yes. Councilman Cramer made a motion to table the variance request at 2380 Ventura Road to reduce the front yard setback from 40 feet to 14 feet to the October 5, 1998, council meeting. Councilman Lnenicka seconded the motion. Motion to table was approved 7-0. (B) Variance Request - Change Zoning Stipulation on 13.85 Acre Tract - King Springs Road Mr. Smith stated this is a residential development being proposed by MDC Homes and there were a number of stipulations assigned to that originally (December 1, 1997) and this request is to change Stipulation #5. Mr. Smith further stated this stipulation was added at the city's request that stated, "the construction traffic will come from South Cobb Drive into the project." Mr. Smith stated that due to a change in the developer since the project was originally proposed or at least a division of the site into two ownerships, they are requesting that Stipulation 5 shall read as follows: "The construction traffic shall be allowed to the site via King Springs Road only from the direction of South Cobb Drive. No construction will be allowed to turn left out of the site toward Concord Road." Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to this variance request. The persons in opposition came forward and were sworn in by City Attorney Chuck Camp. Councilman Hawkins recognized Mr. Scott Leonard, representing MDC Homes, and asked him to briefly explain why the variance is needed and the hardship incurred because of Stipulation 5. Mr. Leonard stated the clearest hardship is due to the fact that the property that was zoned on December 1, 1997, was a single 22-acre tract. He continued that in the time since the zoning, MDC Homes has purchased, from the original owner, just under 14 acres (13.85 acres) that is only accessible physically from King Springs Road. He stated they do not own any September 21, 1998, meeting - continued property that accesses South Cobb Drive and in order for them to access their project for construction from South Cobb Drive, they would have to build a road through another property owner's property. Mr. Leonard stated the other issues are topography, buffer requirement between commercial and residential areas and the fact that they would have to remove many trees from this area if an access road is built from South Cobb Drive. He further stated that if they are able to access the property from King Springs Road they will only have to take down the trees that would be necessary for them to build the correct right-of-way from a grading standpoint and one of their concerns is to try to save several of the trees. Councilman Hawkins asked Mr. Leonard to display a map which indicated the physical location of the property, showing the intersection of South Cobb Drive at King Springs Road and how the property is currently divided. Councilman Lnenicka encouraged Mr. Leonard to annex the Fox Chapel development into the city and Mr. Leonard indicated they wou Id consider that possibility. Councilman Hawkins asked Mr. Leonard if when he designated construction traffic he was talking mainly about the earth -moving bulldozers and that type vehicle that would be brought in on a flat-bed truck, left on the site until all the construction and grading is done. He then asked Mr. Leonard if he envisioned a daily flow of bulldozers exiting the property and Mr. Leonard responded he did not. Mr. Leonard stated that when they begin to clear the site, they have already spoken with their grader, and they will come onto the site, clear the area to get themselves back into the area that they will be clearing for the additional parts of the lot, have their trailer removed from the site so it is not sitting on the side of the road or half in and out. He stated they will unload and take the trailer away and do their work on the site and then the equipment will be left there overnight on a regular basis until they are completed with the work and there will not be the daily in and out of equipment. Mr. Leonard stated when they reach the point where concrete will be poured or materials delivered, obviously trucks will come in and out at that point but in order to minimize any possible impact on the neighbors in the area, they tried to decide what would be the best route to take and they feel confident with their relationship with their contractors that they can rely on them that when they are exiting the site to always turn right and go toward South Cobb Drive and to enter the site from that way. Mr. Leonard further stated there is no reason for any of the people driving any heavy equipment to turn left out of the site toward Concord Road and go through that long residential area. Councilman Hawkins asked Mr. Leonard if he would be willing to put up a sign at the entrance indicating that and he responded that was correct and if the variance is approved they would encourage that throughout the home-building process. Art Comeaux, 1496-B Springwood Drive, stated there were several concerns he wished to bring to council and read them as follows: 1. original approved site was 22.5 acres and now it is down to 13.85 acres and there were specific stipulations about entering and exiting onto South Cobb Drive. He further stated that seemed to placate a lot of the people in the neighborhood that they were not going to have a lot of truck traffic. 2. Mr. Comeaux stated he feels in addition to being a nuisance the truck traffic is a safety hazard due to the bus stops at King Springs Road and Springwood Drive as well as the Wexford Apartment complex. 3. Mr. Comeaux further stated that on King Springs Drive going towards Concord Road is a school bus route. 4. No left -turn traffic light going south on South Cobb Drive coming onto King Springs Road and with the housing going in there is a potential for a safety hazard. 5. The neighborhood was promised that there would be no building traffic when the original stipulations were made on the 22-acre tract. Bill Mauldin, Kingsview Drive resident, stated he agreed with the concerns expressed by Mr. Comeaux and further stated that when that site is initially prepared there will be a constant stream of delivery vehicles all hours of the working day. He stated he was concerned about the safety of the school children that would be walking to school. Mr. Mauldin stated he felt the residents living in the area between this property and South Cobb Drive are due the same consideration that is given to the people between the property and Concord Road. Michael Frank, King Springs Road resident, stated he was also concerned about the safety and the heavy construction traffic. Mr. Frank stated he did not have any problem with the proposed development but was concerned about the construction traffic. Mr. Leonard stated they are eager to build a relationship with Smyrna and are very excited about being in this area and the development will be named Sutherlin Park. Mr. Leonard stated the home prices will be very conducive to the area - in the high $100,000's to into the $200,000's. He stated they want to make an eager effort to be good neighbors. Mr. Leonard September 21, 1998, meeting - continued stated they are very concerned about safety and one of the prime reasons for wanting to come off King Springs Road, aside from the fact that they no longer own access to South Cobb Drive, is the safety. He further stated the intersection at South Cobb Drive and King Springs Road is currently signalized and with that there will be safety for left turns out of the site onto South Cobb Drive going south to 1-285. Councilman Hawkins asked City Engineer if there is a left -turn signal going south on South Cobb Drive at King Springs Road. Mr. Hildebrandt responded there is a left -turn signal northbound on South Cobb Drive but there is not one going southbound. Mr. Hildebrandt stated the city has petitioned the State for permission to install a left -turn signal going southbound and this signal has been approved. Mr. Hildebrandt stated the signal should be installed within a month or so. Councilman Hawkins stated under the original zoning there was a larger tract of land and the plan that was submitted to the city indicated the entire area to be built out in homes that would come all the way to South Cobb Drive with the back of some of the homes facing that portion of South Cobb Drive. Mr. Hawkins stated under that scenario the density was a little over four units/acre and that was the number one issue as far as opposition to the zoning of the property from the neighboring residents. Mr. Hawkins stated the developer presented another plan to the city saving the out -lots along South Cobb Drive as commercial lots that could be sold later. Mr. Hawkins stated that is how the property became divided. Mr. Hawkins further stated the advantage to this is the fact that the developer was able to reduce the density of the houses and also increase the selling price to put a nicer product on the development. Mr. Hawkins stated one of the concerns of the neighborhood was the traffic on King Springs Road and that was discussed a great deal and they determined the traffic could not come from Concord Road to service the area. Councilman Hawkins continued that prior to the subdividing of the land there, was a stipulation stating they had to enter and exit off South Cobb Drive and at the time the stipulation was added it was assumed that the entire development would front both South Cobl� Drive and King Springs Road. Mr. Hawkins stated he understands that now the property owner would have to cross the commercial out -lots that are on South Cobb Drive. Mr. Leonard stated the other owner really has no business relationship with MDC Homes other than the fact they purchased the property from them. Councilman Hawkins stated another stipulation placed on the property indicated there is a natural tree line or raised berm between those commercial out -lots and the residential area. Mr. Hawkins stated the city wanted to keep those trees left and that is a stipulation that is on the property. Mr. Hawkins stated if the developer has to access his property through the other property, they will have to cut a path through the berm and would probably have to have a variance on that as well. Mr. Leonard stated that was one of the concerns they had as far as the challenges and hardships they presented is that in their efforts to follow the stipulations to the letter, and in looking at them, they are in direct conflict in the sense that there was to be an undisturbed buffer and actually if there were any areas where there were not trees, the stipulation instructs trees to be planted. Mr. Leonard further stated if they were to come in and build a road from South Cobb Drive they would have to build it through the buffered area. Councilman Lnenicka asked Mr. Leonard if there has been any discussion about MDC Homes purchasing the commercial out -lots and building residential homes on that property. Mr. Leonard responded there had been no discussions concerning that and further explained that the way their land plan is set out, the only possible ways they would be able to access that through the topography would be through the areas they actually plan to use as detention out -flow areas, cul-de-sac at the beginning and at the end of the site and there will be shared detention areas with the commercial and residential properties. Councilman Hawkins stated this is not an easy issue to address because there is good and bad to both sides. Mr. Hawkins stated he did not discount the fact that the heavy trucks on King Springs Road could present a problem simply because the road is more narrow than what the city would like. Councilman Hawkins asked Mr. Leonard how long he anticipates it will take to build out this site and Mr. Leonard responded they will actually begin clearing the land this week with lots available in early 1999. He further stated they could possibly have some ready this year and begin home construction. He stated the absorption would be in the 25-30 range per year and possibly between 20-30 per year and they have 56 home sites. Mr. Leonard stated it will be about a year or a year and a half and two years as far as home construction once they begin. Councilman Hawkins stated for the record that Mr. Leonard and his people did meet on the site with Robin Broyles, Community Development Director, with the thought in mind of saving as many trees on the site as possible and eliminating the table -grading that is pretty prevalent with construction. Mr. Hawkins commended MDC Homes for their tree preservation plan. Mr. Hawkins stated with that in mind and to keep from having to tear up the buffer that is going to be between South Cobb and the development, Councilman Hawkins made a motion September 21, 1998, meeting - continued that the variance request to change the zoning stipulation #5 for the 13.85 acre tract on King Springs Road be approved as follows: Construction traffic shall be allowed to the site via King Springs Road and only from the direction of South Cobb Drive. No construction traffic will be allowed to turn left out of the site toward Concord Road. Councilman Hawkins stated he would be looking for MDC Homes to put up a sign designating that no left turn onto Concord Road from the site is allowed and stated that if violations occur the Police Department will cite the violators. Mr. Leonard stated if that occurs he wants to know about it. Councilman Scoggins seconded the motion. Mr. Mauldin stated when the zoning was previously approved, there were some very rigid time restrictions about the hours of construction being allowed to take place and further stated he would expect these hours to be well known by the developer and that they be adhered to in the strictest scope of the time periods set forth in that earlier hearing. Councilman Hawkins assured Mr. Mauldin that Mr. Leonard would receive a copy of the stipulations placed on the property at the earlier hearing and that he would adhere to those stipulations. Mr. Leonard indicated he has a copy of those stipulations and they will abide by them. Motion was approved 7-0. FORMAL BUSINESS: (A) Appointment to Housing Authority - Wards 3 and 4 Councilman Scoggins made a motion to re -appoint Mr. Robert Anderson as the Ward 3 representative on the Housing Authority. Mr. Scoggins stated Mr. Anderson is currently the chairman of the authority and has indicated he would be happy to serve another term. Councilman Cramer seconded the motion. Motion was approved 7-0. Councilman Hawkins made a motion to re -appoint Ms. Darlene Davidson as the Ward 4 representative on the Housing Authority. Mr. Hawkins indicated Ms. Davidson has served on this authority for the past 16 years and has indicated a willingness to continue to serve as the Ward 4 representative. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Appointment to Parks Commission - Wards 1, 4 and 5 Councilwoman Capilouto indicated she was unable to contact her current appointee to this commission and would like to defer appointment to the Parks Commission for Ward 1 until the October 5, 1998, council meeting. Councilman Hawkins made a motion to re -appoint Mr. Howard "Red" Martin to serve as the Ward 4 representative on the Parks Commission. Councilman Cramer seconded the motion. Motion was approved 6-0 (Ms. Capilouto was not at the podium when the vote was taken). Councilman Cramer made a motion to re -appoint Dr. Ralph Templeton as the Ward 5 representative on the Parks Commission. Councilman Wood seconded the motion. Motion was approved 6-0 (Ms. Capilouto was not at the podium when the vote was taken). COMMERCIAL BUILDING PERMITS: (A) Extend Permit for Emission Station at 3315 South Cobb Drive Councilman Hawkins stated he had received a memo from the Community Development indicating that the applicant, Mr. Norris Holbrook, has requested this permit be withdrawn. Mr. Robin Broyles stated Mr. Holbrook had contacted him earlier today and he indicated he wanted to remove this item from the agenda. Mr. Broyles stated that Mr. Holbrook requested he be given 15 days in order to shut down his station and remove the building. (B) Construction of a 4,306 Square Foot Convenience Store - Quik Trip - 1435 Highlands Ridge Road Councilman Wood made a motion that the commercial building permit for the construction of a 4,306 square foot convenience store for Quik Trip at 1435 Highlands Ridge Road be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. September 21, 1998, meeting - continued BID AWARDS: (A) 1998 Street Resurfacing Councilman Hawkins stated six bids were received and the low bidder meeting specifications was Butch Thompson Enterprises. Councilman Hawkins stated the Public Works Committee recommends the bid be awarded to Butch Thompson Enterprises. Councilman Hawkins made a motion the bid award for the 1998 street resurfacing be awarded to Butch Thompson Enterprises, the low bidder meeting specifications, for a total cost of $222,775. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Bid Award (Bid #98065) - 175' of Sewer Main to Vinings Oaks Subdivision Councilman Hawkins stated seven vendors were solicited and two vendors responded. Mr. Hawkins stated the Public Works Committee recommends the bid be awarded to the low bidder, D and H Construction, meeting specifications. Councilman Hawkins made a motion the bid be awarded to D and H Construction for a total cost of $20,845. Councilman Scoggins seconded the motion. Motion was approved 7-0. (C) Bid Award (Bid #98064) - 290 L.F. of 10" Water Main Councilman Hawkins stated seven vendors were solicited for bids with two vendors responding. Councilman Hawkins stated the Public Works Committee recommends the bid be awarded to the low bidder meeting specifications, Miller Davis Construction. Councilman Hawkins made a motion the bid be awarded to Miller Davis Construction for a total cost of $32,500. Councilman Wood seconded the motion. Motion was approved 7-0. (D) Bid Award (Bid #98059) - Gazebo for Community Center Grounds Councilman Scoggins stated this will be a new addition to the area around the lake by the community center. Councilman Scoggins stated five vendors were solicited and three responded. Mr. Scoggins stated the Parks and Recreation Committee recommends the award be made to the low bidder meeting specifications, Contract Connection. Councilman Scoggins made a motion to award the bid to Contract Connection for a total cost of $14,646. Councilman Cramer seconded the motion. Motion was approved 7-0. (E) Bid Award (Bid #98061) - Stack Chairs for Community Center Councilman Scoggins stated three bids were received for the stack chairs for the community center and the Parks and Recreation Committee recommends the bid be awarded to the low bidder meeting specifications, Atlanta Office Equipment. Councilman Scoggins made a motion to award the bid for the stack chairs for the community center to Atlanta Office Equipment for a total cost of $9,450. Councilman Cramer seconded the motion. Motion was approved 6-1 with Councilman Lnenicka opposed. CONSENT AGENDA: (A) Approval of September 8, 1998 Minutes (B) Approval to Use Council Chambers - Tuesday, September 22, 1998 from 6:30 to 9:00 p.m. - Ridge Road Homeowners Meeting (C) Approval to Use Council Chambers - Wednesday, September 30, 1998 from 6:30 - 9:00 p.m. for a Ward 6 Meeting - Paces Ferry North Homeowners Association (D) Approval to Request Bids - Spring Road Linear Park Landscape Buffer (E) Addition of Atlanta Road Center Turn Lane to Street Sweeping Contract (F) Approval to Close One North -bound Lane on Highlands Parkway, October 3' from 11:30 a.m. to 12:00 Noon for IBM "Fun Run" (G) Approval to Request Bids - Truck Mounted Leaf Vacuum (H) Approval to Use Council Chambers - Thursday, October 8, 1998, From 7 - 8 p.m. - Ward 5 Meeting (1) Approval to Install Speed Humps on Plaza Drive M Approval to Declare Surplus Approximately 39.81 Acres (formerly Solid Waste Disposal Site) Off North Cooper Lake Road and Solicit Requests for Proposals for the Sale of Subject Property September 21, 1998, meeting - continued Councilman Wood made a motion the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood introduced and welcomed Mr. Jay Joseph, Human Resources Personnel Officer. Mr. Joseph stated he was pleased to be working for the City of Smyrna. Councilman Lnenicka announced the tax bills have been mailed out. Mr. Lnenicka also announced he has scheduled two Ward 6 meetings, September 22 and 30, as approved on the Consent Agenda this evening. Councilman Cramer announced he will be having a Ward 5 meeting on October 8 at City Hall. Mr. Cramer also announced that Adventure Outdoors has relocated from Windy Hill Road to South Cobb Drive. Councilman Hawkins asked Ann Kirk for a report on the Smyrna Clean and Beautiful. Ms. Kirk reported that on August 19 the city hosted the annual work glove luncheon and thanked all the sponsors who donated prizes to be given as door prizes. Ms. Kirk announced changes in the items BFI will collect for recycling and further stated information notices will be mailed to residents with the October water bill. Councilman Hawkins asked Ms. Kirk if residents had problems with the BFI pickup should they call the city or BFI directly. Ms. Kirk responded the residents should call BFI direct. Mr. Hawkins suggested the number for BFI should be included on the water bill so residents would have the number readily available. Ms. Kirk reported the statistics for the month of August as follows: I 11 tons recycled through the curbside program and 77% participation rates thus saving the city $3,321 dollars in tipping fees with a year-to-date savings total of $6,031. Councilman Hawkins asked Robin Broyles for a report from the Community Development Department. Mr. Broyles reported the building permit numbers are in for August and further stated the estimated construction costs for this time last year were $51,882,000 and year-to-date so far is $63,439,000; actual permit costs last year at this time were $255,000 and year-to-date so far is $234,000. Mr. Broyles expressed his appreciation to the Mayor and Council for allowing him to hire Leah McDaniel as a part-time receptionist in his department. Councilman Hawkins reported there was no report from the City Engineer nor the Public Works Department. Councilman Scoggins asked Maryclaire Andres for a report from the Community Relations Department. Ms. Andres thanked the city employees and volunteer groups who worked with her on the Taste of Smyrna event held September 12 on the Village Green. Ms. Andres reported the fall Jonquil Festival will be held October 24 and 25. Ms. Andres reported there will be over 150 booths and two concerts - one on Saturday and one on Sunday. Councilman Scoggins asked Michael Seigler for a report on the Library. Mr. Seigler reported the Mystery Dinner Theater is sold out. Mr. Seigler reported the Friends of the Smyrna Library have a new web site and stated the address is listed in the newsletter which is available at the Library (www.gocities.com/soho/square/2265). Mr. Seigler reported the Friends group will have their general meeting on October 17. Mr. Seigler stated there are currently two excellent exhibits on display at the Library - Bill Cockrill's pottery display through October 31 and the Georgia Women of Achievement display which will only be a the Library for the rest of this week. Mr. Seigler reported the August statistics as follows: 12,370 items circulated which is a 1.2% increase over last year and 14,676 persons visited the library which is 1/700' of a decrease, 456 people used the Internet and they went to 36,722 sites. Councilman Scoggins asked Steve Ciaccio for a report from the Parks and Recreation Department. Mr. Ciaccio reported his department is seeking a corps of volunteers for a program known as "Partnerships for Parks" and encouraged residents and non-residents interested to contact them if they are interested in volunteering to beautify and enhance some of the city's parks. Mr. Ciaccio stated there will be public hearings October 19, 22, 27 and 28, 1998, at the Community Center to introduce this program. Mr. Ciaccio stated a second survey has been mailed to residents in the Cobb Center/Benson Poole Road/South Cobb Drive area in the hopes of obtaining Community Development Block Grant funding for the development of a park immediately behind the Publix and Rich's on South Cobb Drive. Mr. Ciaccio urged anyone with questions concerning the survey to contact him at the Community Center. Mr. September 21, 1998, meeting - continued Ciaccio reported the parking lot at Kidscape Village is complete and there is a little bit of landscaping remaining to be done and the Tolleson Multi -purpose Building is almost complete. Councilman Scoggins asked about a completion date for the gazebo to be built at the Community Center and Mr. Ciaccio responded they hope it will be completed in time for the Christmas tree lighting ceremony in December. Councilman Newcomb asked Melinda Dameron for a report on the Court Services Department. Ms. Dameron reported that during the month of August the Court Services received from the Police Department a total of 1,049 tickets and actually had 1900 cases on the docket which is about 30% less that what they had in August of 1997. Ms. Dameron reported 25 cases were bound over to Cobb County State Court and have collected fines totaling $165,000. Ms. Dameron reported she was pleased to announce the Probation Department is'now operating and in approximately two weeks they expect to receive all the active cases from the private probation service that has been handling this service. Ms. Dameron reported the Court Services Department received all of the warrant cases about two weeks ago and they have been working on those. Councilman Newcomb commended Ms. Dameron for her efforts as City Clerk as well as being the Administrator of the Municipal Court for the City of Smyrna and also commended the Court Services/Probation staff for their efforts. Mr. Newcomb stated he is very impressed with the Chief Probation Officer as well as the Probation Officers who have recently joined the city. Councilman Newcomb asked Chief Hook for a report from the Police Department. Chief Hook reported his department has hired six new officers (four males and two females) and four of which are in school now at North Central Georgia and the other two will attend training as soon as another session begins. Chief Hook reported that one of his officers, Chris Singleton, is in the hospital with a serious illness and encouraged everyone to either visit him or send him a card. Chief Hook reported there has been some re -organization within his department as follows: the COPS unit has been moved from South Cobb Drive to the new police facility; transferred David Farmer to Detectives and he will be assisted by Jerry Waldrop; Ed Clack is now in 911; Fred Brack is now in charge of the jail; Sam Houston will run administration and Mike Brown will continue as Acting Deputy Chief. Councilman Newcomb asked Chief Larry Williams for a report from the Fire Department. Chief Williams reported on the status of the new fire station and that it appears everything is going according to plans. Chief Williams stated the bid documents are being prepared for construction and the target date for opening the new station will coincide with the Smyrna birthday celebration in August, 1999. Chief Williams reported this will also be the 100' anniversary of the Smyrna Fire Department and will also be his 35' anniversary in the fire service profession. Chief Williams thanked everyone for their concern during his wife's recent illness. Councilman Newcomb thanked the Public Works Committee for placing the approval to request bids for the buffer on the linear park on Spring Road and further stated that will be the back portion of the park which buffers up against the residents that live along that area. Mr. Newcomb asked Ms. Kirk to report on the plantings in the median of Spring Road. Ms. Kirk reported the County will be putting out the bids for the plants and will be planting them in the fall. Councilwoman Capilouto had no report this evening. ADJOURNMENT With no further business, the meeting adjourned at 9:24 p.m. RESOLUTION Pursuant to the provisions of O.C.G.A. §42-8-100, the judge of the municipal court of the City of Smyrna, with the approval of the governing authority of said city, has established a probation system "to provide probation supervision, counseling, collection services for all moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other robation services for persons convicted in such court and placed on p probation." These services of supervision and collection are to be administered tluough a Probation Services Division which is a division of the office of the City of Smyrna Court Services Department. This unit shall have probation and supervisory jurisdiction of all misdemeanor offenses � J I I I authorized by statute, and which are not specifically excluded in 0. C.G.A. § 17-10-3 by reference, and cases involving city code and ordinance violations. The Probation Services Division of the City of Smyrna is hereby authorized to collect a monthly probation and/or supervision fee of an amount not to exceed the maximum amount allowed by law, to be paid into the general funds ' I I of the City, if such a fee is authorized by the sentencing judge and is contained in the sentencing order. Said Probation Services Division is* authorized to collect anv monies and surcharges authorized by State statute for collection on behalf of the State of Georgia. The Probation Services Division is authorized by this Resolution to proceed with the Supervision and enforcement of any provisions of a defendant's sentence by order of this court, including the supervision and enforcement of a probated or suspended sentence, and to do any and all acts necessary and proper to carry 'into effect the provisions of this Resolution. This 3'd day of August, 1998.