Loading...
10-05-1998 Regular MeetingOctober 5, 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, Community Development Director Robin Broyles and representatives of the press. Invocation was given by Reverend Joe Sarkesian, Associate Pastor of Bethel Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized School Board Representative Curt Johnston. Mr. Johnston introduced Ms. Shelia Chesser, principal from Brown Elementary School. Ms. Chesser introduced Elliott Beasley, Kristen Jeter and J. J. Lovaglio who talked about the "Character Ed" words for the month of October. Mayor Bacon thanked the students for coming to the council meeting tonight and presented each of them with a tee shirt and hot -chocolate mug. Mayor Bacon recognized Don Whitney, Corporate Sports. Mr. Whitney thanked the city for their participation in the U.S. IOK Race and presented a plaque to the city. Mr. Whitney reported there were over 9,000 registered runners in this year's race and the race raised over $85,000 for use by children's agencies in the metro area. Mr. Whitney stated their event has contributed a little over $200,000 to children in the community over the fast three years. Mayor Bacon recognized Commander Bill Brown, American Legion Post 160. Mr. Brown thanked the city for the recent quitclaim deed and cross -easement granted to the Post 160 in Smyrna. Mayor Bacon again recognized Mr. Johnston who stated he is seeking re-election as the School Board Representative and asked for the citizens' support. He encouraged everyone to vote in the November 3 election. Mayor Bacon recognized Portia Scott, candidate for the State Senate District 30, race. Ms. Scott asked the citizens for their support in her campaign. Mayor Bacon recognized Paul Chastain who spoke in support of the 1 % Local Option Sales Tax for Road Improvements. He asked the citizens to approve the passage this referendum in the November election. Mayor Bacon recognized Johnny Plunkett who spoke in opposition to the Transportation Improvement Program 1 % Local Option Sales Tax referendum. PUBLIC HEARINGS: (A) Variance Request - 2380 Ventura Road - Reduce Front Yard Setback from 40 Feet to 14 Feet Mayor Bacon stated this item was tabled from the September 21, 1998, meeting. Councilman Cramer stated the applicant, Cassandra Pickard, asked that this item be removed from the agenda. Councilman Cramer read Ms. Pickard's letter stating that the variance request be withdrawn. Mayor Bacon stated since the item has been withdrawn, no further action is necessary. (B) Zoning Amendment - Concord Road (52.6 Acres) - Reduce Minimum Separation of Houses from 15 Feet to 10 Feet Mr. Smith stated Travis Truitt & Associates, on behalf of Pulte Homes, is requesting a reduction in the minimum separation of houses from 15 feet to 10 feet. Mayor Bacon recognized Mr. Andy Belflower, Travis Pruitt & Associates. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the proposed zoning amendment. Mayor Bacon asked those persons to come forward and be sworn in by City Attorney Chuck Camp. October 5, 1998, meeting - continued Councilman Wood recognized Mr. Andy Belflower, representing the owner and developer of the property, and asked him to explain why the variance is being requested. Mr. Wood stated the applicant is not asking for any increase in the density, no additional lots, no changes in existing lots, just a change in the setbacks. Mr. Belflower stated the consumer demand is requesting larger homes and Pulte has looked at the size and shape of the lots on which they have built. He stated they would like to build a larger, wider house which will encroach in the 15-foot separation which currently exists. Mr. Belflower stated they are asking for a minimum separation of 10 feet, which is currently allowed under the City's ordinances as long as certain conditions are met. Mr. Belflower stated they have been working with Mr. Broyles, Community Development Department, and Chief Williams, Fire Department, on this. He stated all the homes affected will have a one -hour fire - rated wall where it is affected from the foundation all the way through the gable; fire -flow pressure will be tested in the subdivision once the city extends a water line to serve the development to ensure it meets the city's minimum requirements and they are adding an additional eleven fire hydrants into the development at Pulte's cost to reduce minimum separation between fire hydrants to no less than 300 feet and further stated that should ensure that the city's ordinances are met. Mr. Belflower stated there is no affect to the adjacent subdivisions, homeowners, no increase in density, no decrease in lot size and the request strictly affects each individual home. Councilman Hawkins asked how many square feet will be added to the homes and how that will affect the sales price. Mr. Belflower stated the average size will be increased approximately 500 square feet more but that product has not been fully designed, as they do not know if this variance will be granted. He further stated he did not have home prices at this point in time. Mr. Wood stated the minimum square footage is 1800 square feet of heated interior space except for all homes that abut Concord Road and those homes have a minimum of 2000 square feet. Mr. Wood further stated Pulte has agreed to use 2000 square feet of heated interior space on all lots. Councilman Wood stated the average sales price will be $180,000 - $220,000. Mr. Wood stated this zoning was approved several months ago with nine stipulations placed on the zoning and none of these items are being changed. Mayor Bacon recognized Johnny Plunkett who spoke in opposition to the proposed zoning amendment citing the clear cutting of the land and other issues. Councilman Lnenicka asked if the changes include a one -hour firewall on each side which means effectively a two-hour burn through the wall to the house next door and Mr. Belflower responded that was correct. Mr. Lnenicka asked Mr. Belflower if he felt they had addressed any issues between the houses at this distance that would relate to surface drainage. Mr. Belflower stated when they designed the subdivision for Pulte all the lots contain a drainage easement that is centered on the individual lot line and the lots rather peak and drain to the street or to the back and drainage will not be an issue. Councilman Lnenicka stated for the record he has been consistent in voting against separations of less than 15 feet given no other changes in the structure such as what is being proposed tonight or sprinkling. Mr. Lnenicka further stated he is convinced that a two-hour fire separation and an average response time for emergency fire apparatus in Smyrna of three minutes that there should not be a safety hazard problem. Mr. Lnenicka stated given the fire flow protection, additional security being built into the walls he will support the request. Councilman Wood made a motion that the request for a zoning amendment on Concord Road, 52.6 acres, Bentley Park Subdivision, to reduce the minimum separation of homes from 15 feet to 10 feet with the following conditions be approved. 1. The developer will adhere to the recommended fire rated wall recommended by the City of Smyrna less than 15 feet apart. A one -hour rated fire resistant material on both walls of the houses that are affected by the less than 15 feet separation. 2. Maximum 20% openings on the walls. 3. Developer will install eleven additional fire hydrants to reduce the distance between the fire hydrants to 300 feet or less as recommended by the City Fire Marshal. 4. The developer will increase the minimum house size of interior square feet on all lots from 1800 to 2000 square feet. Councilman Lnenicka seconded the motion. Motion was approved 7-0. October 5, 1998, meeting - continued FORMAL BUSINESS: (A) Appointment to Parks Commission - Ward 1 Councilwoman Capilouto made a motion to re -appoint Marian Ashley as the Ward 1 representative on the Parks and Recreation Commission. Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Ordinance Amendment - Atlanta Gas Light Franchise Mr. Smith stated this amendment is necessitated by de -regulation of the gas industry in Georgia. Mr. Smith further stated this particular modification is a result of negotiation between the Georgia Municipal Association and the Atlanta Gas Light to protect the franchise fees of municipalities in the State of Georgia. Councilman Lnenicka stated Atlanta Gas Light will continue to transfer and distribute gas but will no longer be in the retail sales/delivery of the gas as other companies will be formed to take over that portion of this service provision. Mr. Lnenicka stated the city has franchise fee agreements with several utilities whereby in return for use of the city's right-of-way for transmission lines, fiber optic lines, etc., the city is paid for that use in the form of a franchise fee. Councilman Lnenicka stated the Georgia Municipal Association has notified the city that when the new law takes effect November 1, 1998, the franchise fees currently being collected from Atlanta Gas Light will disappear if the city does not act to amend the current franchise agreement to reflect the new laws that have come about. Mr. Lnenicka further stated the proposal that GMA has negotiated on behalf of all the cities basically allows Atlanta Gas Light to continue to pay the franchise fees to the City of Smyrna. He continued by saying that Atlanta Gas Light will collect the franchise fees due from the retailers and have the burden upon them to collect those fees and make sure they get the proper amount due and in turn will remit that to the City of Smyrna. Mr. Lnenicka stated the city will collect from Atlanta Gas Light the franchise fee that we would normally expect to get as we have been doing if this proposed amendment is adopted. He stated Atlanta Gas Light will then maintain the burden of collecting from the retail providers. Mr. Lnenicka asked City Attorney Chuck Camp if the proposal before council tonight involves an amendment to the original franchise agreement and ordinance which was passed on July 10, 1967, which has been in effect some thirty-one plus years and Mr. Camp responded that is correct. Mr. Lnenicka stated Mr. Camp is recommending that the city adopt and amend the July 10, 1967, agreement from the Atlanta Gas Light Company and in turn make that a part of Appendix "C", Article III in the Code of the Ordinances and that will suffice to fulfill the legal requirements that the city must enact. City Attorney Chuck Camp responded that was correct. Councilman Lnenicka made a motion to pass an ordinance to amend the franchise ordinance with Atlanta Gas Light Company dated July 10, 1967, as recorded on pages 77 and 83 of the minutes of the Mayor and Council, and the new ordinance will be known as Appendix "C", Article III in the City of Smyrna Code of Ordinances. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Approval of Vehicle and Equipment Use Policy Mr. Smith stated the city has been working on this policy for about a year. Mr. Smith stated after the City hired a Purchasing Agent the policy was reviewed at the request of council and the policy is a comprehensive vehicle use policy that standardizes the purchase, operation and maintenance of the vehicles; discusses the use of the vehicles and provides for exceptions to the various items just mentioned. Councilman Lnenicka stated the proposed vehicle policy is part of an on -going effort to standardize the vehicle operations within the city and puts responsibility for the operation and maintenance on the drivers of the vehicles and on staff where it should be. He stated it has a number of provisions, general provisions, operating department management responsibilities, provisions regarding vehicle maintenance, exceptions to the normal procedures contained therein and how vehicles are purchased, replaced, specifications for replacement vehicles, capital improvement plan budgeting. Councilman Hawkins asked if all city vehicles, except public safety vehicles, must have a city government tag and must display a Smyrna seal or logo on the vehicle and only with the written permission of the City Administrator can that be waived. Mr. Lnenicka stated that was true October 5, 1998, meeting - continued except for the authorized exceptions, e.g., undercover intelligence operation vehicles. Mr. Smith stated there were a couple of changes to the policy which he outlined as follows. He stated on Page 7.... fire department trucks was changed to fire department vehicles; where it says "red" was changed to red or white for fire department vehicles. Mr. Smith stated on Page 10.... under replacement criteria - Table 2 - minimum replacement interval should say maximum replacement interval. Councilman Lnenicka commended the staff for their hard work in preparing the vehicle and equipment use policy. Councilman Newcomb stated he feels this is a good policy and will recommend approval of the policy and then asked that the mayor and council address the vehicle take home policy in the near future. Councilman Lnenicka made a motion that the proposed Vehicle Policy as presented tonight (copies available in the office of the City Clerk) be approved and implemented as of November 1, 1998. Councilman Hawkins seconded the motion. Councilman Lnenicka explained the implementation date of November 1, 1998, will allow the city staff time to review the policy and train the employees affected by the new policy. Motion was approved 7-0. (D) Ordinance Amendment - Chapter 70 - Parks and Recreation - Sections 70.29 and 70.31 Mr. Smith stated these changes are being recommended through the Parks and Recreation Commission and relate to the times when the Board meets and absences of Board members. The ordinance is proposed as follows: Section 70-29. Meetings - Days and place designated; calling special meetings. Regular meetings of the commission shall be held on the fourth Thursday, bi-monthly, at the community center unless otherwise announced. Special meetings of the commission may be held at any time at the call of the chairperson, or at the call of the director of parks and recreation, chairperson of the parks and recreation committee, or by a majority of the members of the commission. Meeting months include February, April, June, august, October and December. Section 70-31. Same - Creation of vacancy by absences of member. The absence for two regularly scheduled meetings of any member of the commission in a calendar year without due and acceptable excuse shall constitute a vacancy on the commission. Councilman Scoggins stated the commission asked for this change and he supports their request. Councilman Scoggins made a motion to approve the proposed ordinance amendment to Chapter 70, Sections 70.29 and 70-31 as indicated above. Councilman Hawkins seconded the motion. Councilwoman Capilouto stated she was not present at the Parks and Recreation Committee meeting when this was discussed but is very much in support of the change. Motion was approved 7-0. (E) Approval of Resolution - 1 % Local Option Sales Tax - Transportation Improvements Program (T.I.P.) Mr. Smith stated the resolution, if adopted, will show the city's support of the 1 % Local Option Sales Tax for the Transportation Improvements Program. Mr. Smith stated the T.I.P. will provide more than $17 million in local funds for the City of Smyrna to be used at the discretion of the Council which will agreed to with an interlocal governmental agreement with Cobb County. Councilman Wood read the resolution in support of the 1 % Local Option Sales Tax - Transportation Improvements Program. Councilman Wood made a motion that the city adopt the resolution as read. Councilman Hawkins seconded the motion. Councilman Lnenicka stated he opposed the resolution and stated his reasons for opposition. Among those reasons are the feeling that the resolution is premature - not necessarily bad - and stated that the Cobb Municipal Association has not yet agreed, as a body, to support the resolution and it has not been discussed in a formal meeting of the members. Mr. Lnenicka stated he was also concerned with the fact that three months ago, Cobb County sued the City of Smyrna and that issue has cost the City of Smyrna taxpayers tens of thousands of dollars in legal and staff fees (reference HB 489 and 1603). Mr. Lnenicka cited the example of the Atlanta Road widening October 5, 1998, meeting - continued project which was fully funded through the 1985 Transportation Improvement Program. Mr. Lnenicka stated a million dollars was cut from the Atlanta Road widening project (the portion of Atlanta Road from Spring/Concord Road south through the city limits) because Cobb County ran out of money and that encompassed lighting, beautification, signage, width of the lanes, markings and that cut has never been explained to him except the county wanted the money for roads elsewhere. Councilman Hawkins asked if other member cities of the CMA have approved this resolution. Councilman Wood stated Kennesaw has adopted the resolution and two and possibly three other cities have the resolution on their agenda for their meetings tonight. Mr. Wood further stated all the cities have agreed on a methodology for the funding. Councilman Wood stated he did not feel the disagreement with the county over other issues was germane to this issue and further stated he certainly would not support anything that would not benefit the City of Smyrna. Councilman Wood stated the approval of the 1 % Local Option Sales Tax for road benefits will benefit the citizens of Smyrna. Mr. Wood stated there will be $58,386,000 in the T.I.P. that will be shared by the six cities. Councilman Hawkins stated he agreed with the majority of comments made by Councilman Lnenicka in relation to the city's relationship with "Cobb County and in particular the issue of double taxation. Councilman Hawkins stated he feels it is important for the city to pass this resolution and expressed his hope that the voters will approve the tax. Councilman Hawkins further stated there is still a lot of work yet to be done and stated he has been told the Concord Road widening project (from Atlanta Road to South Cobb Drive and eventually all the way to Hurt Road) would be completed if the 1 % tax is extended. Mr. Hawkins stated if the tax is not extended he does not feel he will ever see this project completed and it is his wish to see this portion of Concord Road improved and look just as nice as Spring Road and Atlanta Road. Councilman Hawkins stated this time the County will let each city manage their own projects - the city will solicit bids, do the engineering work, etc. Councilman Newcomb stated as a practical matter he looks forward to the revenue that comes in from this tax because it helps ease the burden on property taxpayers and that a substantial amount would come into the city annually from this tax. Councilman Newcomb also stated that approximately 35 - 40% of the revenue generated by this tax will be paid for by people that are not residents of Cobb County and will be paid by tourists, persons shopping at area malls, conventioneers, etc. Motion to approve the resolution in support of the 1 % Local Option Sales Tax - Transportation Improvements Program (T.I.P.) was approved 6-1 with Councilman Lnenicka opposed. (F) Authorize Mayor to Sign Letter of Opposition - Zoning on Oakdale Road/Main Street Mr. Smith asked Community Development Director Robin Broyles to come forward and briefly describe the proposed zoning on Oakdale Road/Main Street. Mayor Bacon stated this is the first time the city has had conversations with a developer concerning a piece of property they were going to annex. Mayor Bacon stated he and Councilman Lnenicka had discussions with the developers and informed him there were some concerns with the property and that the density was too high. Mayor Bacon further stated the city staff has been asked to look at this issue, the Planning and Zoning Board was asked to address this issue at their September 28, 1998, meeting and tonight this body will take action on the issue. Mr. Broyles stated there is a petition (Z-145) going before the Cobb County Planning Commission on October 6, 1998, and the Board of Commissioners on October 20, 1998, concerning an existing zoning of R-20 (single-family detached) and RA-6 with the proposed zoning being FST-6 (fee simple townhomes which are connected by a brick wall - 6 units/acre). Mr. Broyles stated this is a 23.33 acres and would be a 140-lot subdivision with a density of six units per acre. Mr. Broyles further stated the County's Future Land Use Map indicates that entire area would be R- 20 - medium density residential - 2.5 to 5 units per acre. Mr. Broyles stated this issue was reviewed by the City's Planning and Zoning Board on September 28, 1998, where it was reviewed and the unanimous decision of the Board members present was denial of the rezoning request. Mr. Broyles stated the county's planning and zoning staff's reaction to the proposed rezoning is that the County Planning and Zoning Commission deny this requested rezoning. Councilman Lnenicka displayed a map of the proposed development and indicated on the map the area being discussed. Councilman Lnenicka stated he, Mayor Bacon and Howard Smith met with the developers for the proposed development on June 24, 1998. Mr. Lnenicka stated at the time this meeting took place the proposal was slightly different from what is being shown this evening. He further stated at that meeting, the property was not divided into two tracts - north and south - but more east and west. He continued that the west side was proposed for townhouses and some were between eight and ten units an acre and maybe averaging nine or nine and a half. He stated on the east side, near the Cobb County branch library, was what is roughly being proposed today but at a density of 6.6 units per acre. Councilman Lnenicka stated after a long discussion with the developers, the city told them the city would like to work October 5, 1998, meeting - continued with them as developers but the three main concerns were the density (too high), square footage of the proposed homes was too small and the pricing was too low - $150,000 — $160,000 range. Mr. Lnenicka stated basically you would have 70 duplexes right in the heart of Oakdale on 23.33 acres, 6 units to the acre. Mr. Lnenicka stated that until the latest revision was received, the streets were indicated as public streets, not built according to county or city specs and not built to the requirements for right of way and street width. He further stated the latest revision includes an amenity package of a pool and tennis courts, which was added to the outside of the subdivision next to the library and home that are not in the development. Mr. Lnenicka stated the amenity package took the place of six lots and went from 142 lots to 140 lots net. Councilman Lnenicka stated they met again on September 8 prior to a council meeting and the city told the developers they wanted to work with them but the city still had the same concerns they had expressed earlier. Mr. Lnenicka stated the developer expressed his appreciation to the city but informed them they planned to move forward with their plans. Councilman Lnenicka stated in the interim period between the first meeting and the second meeting, the County sued the cities of Marietta and Smyrna citing violation of State laws and those laws in August were declared unconstitutional. Mr. Lnenicka stated the County not only sued the city governments but the individual property owners in this case and everyone involved. Mr. Lnenicka stated a number of the property owners in Oakdale are retired persons, long-time residents who have lived there thirty or forty years and the thought that suddenly they were all going to be sued was not exciting to them and they were pretty much told if you decide to move ahead and do something with the City of Smyrna, despite what the city had already told them were their objections, they were told they would be sued. Consequently the legal advice given to the developer by their attorney, according to the developer, in the meeting on September 8, was you better back away from the City of Smyrna because you will get tangled up in lawsuits for years and years, you better go and try to work something out with the County. Mr. Lnenicka stated as he understands it, they had meetings with three County Commissioners, and after those meetings filed the paperwork to zone the property in the County and have told the City they would not be interested in annexing the property into the City. Mr. Lnenicka stated there have been some comments made in the Oakdale community that if the County turns this proposal down, the City of Smyrna will come along and annex the property and zone it to something really bad. Mr. Lnenicka stated this is an absurd statement and wanted to go on record for all the public to hear. Councilman Lnenicka stated the city has not done anything that is detrimental to surrounding neighborhoods and in fact have enhanced and protected the quality of life in Smyrna. Mr. Lnenicka stated he could see no redeeming qualities in the proposal that is before the County. Mr. Lnenicka stated the only reason this request is being heard by the County is because the City of Smyrna said "No" to the proposal. Mr. Lnenicka stated he and the residents of the Oakdale community would like to see something high -quality and would enhance the attractiveness and value of the neighborhoods and promote additional quality residential/commercial growth. Councilman Lnenicka stated the issue before the council tonight is unique and that is to reach outside the city's boundaries to property that is outside the city but touches the city and officially move to authorize the Mayor to sign a letter opposing this and to transmit that to the County Planning Commission and County Board of Commissioners. He stated there is one other interesting fact that he would like to point out to the public. He stated the County did sue the City of Smyrna in July over land use and zoning related issues. He stated one of the things that happened as a result of that was the Court ordered mediation; the city went to mediation with Cobb County the last Monday in July and one of the conditions that the County said was if you want to negotiate out of this, then there are a number of absolute requirements that you either take or leave and if you don't take them we'll see you in court. He stated one of the absolute requirements of the County was if the City of Smyrna zones and annexes property at a density of higher than 5 units an acre, we will sue you, each property owner, every developer and every person each and every time you zone and annex property. The City of Smyrna council voted to agree with that agreement. Councilman Lnenicka stated the only time the City of Smyrna has exceed that density was the zoning for the Vinings Forest Condominiums on Atlanta Road but further explained those are condominiums on property that is zoned General Commercial but the city has never built a single-family, detached housing of more than 4 units per acre. Councilman Lnenicka stated he did not think this proposed development is in the best interests of the residents in unincorporated Cobb County in the Oakdale community and if it is approved will have a direct impact on pending zonings in the city. Mr. Lnenicka stated the residents in the Oakdale community have been very vocal and he expressed his hope that they are successful in their bid to have this zoning denied and further stated he feels the City of Smyrna should also take a stand on this issue. Councilman Hawkins stated for years the cities in Cobb County have been criticized by some county officials and that criticism has been printed in the newspapers. He further stated the criticism has been that the cities in Cobb October 5, 1998, meeting - continued County will annex and zone anything, will give a developer any kind of zoning they want just to get them in the city and that they do not really care about what happens in the area of land use. Councilman Hawkins stated the city officials have sat quietly for years and never commented on any County zoning but this proposed rezoning abuts the city and would have an impact on Smyrna and expressed his hope that the Cobb County Board of Commissioners will deny this request. Mr. Hawkins stated this type development would not be built in Smyrna under this proposed density. Councilman Newcomb stated the people in Oakdale should be outraged at this proposal as well as residents of Vinings and feels they should express those feelings to the Commissioner that is in support of the proposal. Mayor Bacon stated this is truly a case where a developer is shopping his zoning and expressed his hope that the County Planning and Zoning Board would reject it and also that Cobb County Board of Commissioners would also reject it. Mayor Bacon stated he would like to see the city and county git down as a collective group, both the planning boards and elected officials, and see if they could determine what is best for that area and if it stays in the County that is fine. Mayor Bacon continued by saying that the impact this project would have on the entire neighborhood would be one of a negative nature. Councilman Lnenicka made a motion to authorize the Mayor to sign a letter of opposition to the proposed zoning Z-145 on the County Planning Agenda to be presented to the Cobb County Planning Commission as well as a letter to the Cobb County Board of Commissioners. Councilman Cramer seconded the motion. Motion was approved 7-0. (G) Approval to Request Bids - Construction of New Fire Station Councilman Newcomb stated for some time a new fire station has been part of the plans for the revitalization of downtown Smyrna. Councilman Newcomb stated the proposed new fire station will replace the current Station 1 on West Spring Street which was built in 1967. Mr. Newcomb stated the new fire station would house not only fire and EMS services but also training and administration, including code enforcement. Mr. Newcomb stated the design for the new station will incorporate about 15,400 square feet and will complement the other public facilities in the downtown area and will be located on Atlanta Street north of where the new Public Safety building is located and hopefully will be dedicated and opened on the city's birthday celebration in August, 1999. The new fire station will be built at a total cost of $2.5 million which includes the design, site development, engineering and construction, professional fees, fixed equipment, some movable equipment, a 10% contingency and will be done without a tax increase and will be funded from existing revenues. Councilman Newcomb made a motion to approve the request for bids from pre -qualified general contractors for construction of the new fire station. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Choate Construction Company - 132,000 Square Foot Interior Finish Office Building - 5600 United Drive - Highlands Park Councilman Wood stated the council approved construction of this building some time ago and this building permit will be for the interior finishes. Mr. Wood stated COMDISCO is in the Highlands Industrial Park area and has been there for several years. Mr. Wood stated the estimated cost of construction is $7,950,000. Councilman Wood made a motion to approve the commercial building permit for Choate Construction Company. Councilman Lnenicka seconded the motion. Motion was approved 7-0. BID AWARDS: (A) Bid Award (Bid #98069) - Asbestos Abatement - Smyrna Fire Training Building - 2620 Atlanta Road Councilman Hawkins stated the first step in building the new fire station will commence with demolition of the old facility currently being used as the Training Center. Bids for asbestos abatement were solicited from three vendors with two responses. Councilman Hawkins stated the Public Works Committee and staff, working in conjunction with the Purchasing Department, reviewed the bids and recommend the bid be awarded to Marcor Remediation. Councilman Hawkins made a motion to award the bid for asbestos abatement to Marcor Remediation, low bidder meeting specifications. Councilman Newcomb seconded the motion. Motion was approved 7-0. October 5, 1998, meeting - continued (B) Bid Award (Bid #98067) - Crown Victoria for Parks and Recreation Department Councilman Scoggins stated four bids were solicited for a Crown Victoria for the park ranger and Hardy Family Ford was the low bidder. Councilman Scoggins made a motion to award the bid to Hardy Family Ford for a total cost of $19,933.75. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Bid Award (Bid #98067) - Crown Victoria for Police Department Councilman Newcomb stated four bids were solicited for a Crown Victoria for the police department and Hardy Family Ford was the low bidder. Councilman Newcomb made a motion to award the bid to Hardy Family Ford for a total cost of $19,933.75. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: r (A) Approval of September 21, 1998 Minutes (B) Approval to Request Bids - Refrigeration Equipment - Tolleson Multi Purpose Building (C) Approval of Additional Cost - West Cooper Lake Sewer Outfall Project - Welker and Associates and D&H Construction (D) Approval to Replace Yield Sign with Stop Sign at Intersection of Beech Valley and Spring Creek Place Councilman Wood made a motion to approve the Consent Agenda. Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood stated the city is moving forward with the retirement plan study. Councilman Lnenicka again announced to the citizens that the city has received notice from the Cobb County Water Authority of a 4 % rate increase for wastewater which will be effective January 1, 1999, and further stated the city has not reached a decision yet on how this increase will affect city residents. Councilman Lnenicka commended the Friends of the Library for the excellent Mystery Dinner Theater presentation this past weekend. Councilman Cramer announced he will host a Ward 5 meeting on Thursday, October 8, at 7:00 p.m. in the Council Chambers. Mr. Cramer stated John Teasley and Cindy Hepler were married this past weekend and extended best wishes to them. Councilman Hawkins read a letter from a citizen commending the Police Department for their traffic control actions on King Springs Road. Councilman Newcomb commended several officers in the police department for their investigation and arrest of a suspect involved in selling stolen property to pawn shops in the area. He also commended the department for their recent participation in the "Strap and Snap" program. Mayor Bacon read a letter from a citizen expressing their gratitude to the Smyrna Housing Authority and the "Lend A Hand" program for their assistance in the renovation of their home. Mayor Bacon wished a belated happy birthday to Justin Smith, son of City Administrator Howard Smith. ADJOURNMENT With no further business, the meeting adjourned at 9:45 p.m. October 5, 1998, meeting - continued �00 A. MAX BACON, MAYOR LhWAJ-� cal)-A� CHARLENE CAPILOU O, WARD 1 N, CITY CLERK ---- �' . j '."� RON NEWCOMB, WARD 2 BILL SC GGINS, W#3 /MES M. HAWKINS, WARD 4 K CRAMER, WARD 5 ADE S. NENICKA, WARD 6 CHARLES PETE WOOD, WARD 7