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05-21-2001 Regular MeetingMay 21, 2001 The regularly scheduled meeting of Mayor and Council was held May 21, 2001 at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 p.m. All council members were present. Also present was City Administrator Howard Smith, City Attorney Scott Cochran, Acting City Clerk Kellie Barber, Police Chief Stanley Hook, Fire Chief Larry Williams, Library Director Michael Siegler, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett, Finance Director Claudia Edgar, Human Resources Director Chris Corey, Parks and Recreation Director Steve Ciaccio and Keep Smyrna Beautiful Director Ann Kirk. Invocation was given by Reverend Lee Delbridge of Smyrna Christian Church, followed by the pledge to the flag. CITIZENS INPUT: Human Resource Director Chris Corey presented the Star Employee of the Month award to Leah Bronson, Administrative Assistant to Howard Smith. Ann Kirk presented an Image Enhancement Award to the Pastor of the Smyrna Community Church on Powder Springs Street for beautification efforts of the church grounds and parsonage. Steve Ciaccio introduced Carl Joiner of Smyrna West Soccer Association, who thanked Steve and the Parks staff for their help, and for the field restorations that are on the agenda for approval tonight. Paul Hoffman, Vice President of the association gave a report on their program and the Sportsman Award that is sponsored by the Smyrna Dairy Queen. Doug Stoner, owner of the Dairy Queen presented the Sportsman Awards to winners from three different age groups. Steve Representative Ginger Collins reported on the last session in the legislature and stated she was available to help the City with any problems they might have. Floyd Millis said he was pleased at the last meeting to see outstanding teachers honored but there is another Campbell High School graduate that the City should be proud of. He graduated in 1977 and won a Math Scholarship to Emory University. During his senior year at Campbell his parents and counselors got him enrolled to Georgia Tech. While there, he co-oped with NASA at Kennedy Space Center where he re- designed the stabilizer system for the crawler that carries the rocket launcher to the platform for launching. He re -designed the system, tested it, and it is still being used today. He later developed a new landing system for the shuttle, which they still use today. He graduated with a degree in Physics and currently is heading NASA's Lewis Research Center on the breakthrough propulsion physics project, made up of approximately 50 scientists from around the world who are trying to invent a propulsion system that will send the space craft faster than the speed of light. Smyrna should be proud of this young man, because he is their son. Their daughter graduated from Georgetown University with honors, and graduated from Princeton with her doctor's degree at 26 years old. She taught at the University of California for 6 years and later decided to become a professional singer, but now works for an internet company in Milan, Italy. Mayor Bacon said that Popular Science magazine recently featured Mr. Millis' son for his accomplishments at NASA. Wade Lnenicka said they are proud of the entire family, and appreciated all that they have done for the community. James Royal, campaign manager for Melleny Pritchett reminded everyone of the special election in Ward 1 coming up June 19`h to fill the unexpired term of Charlene Capilouto. Ms. Capilouto also endorsed Melleny Pritchett to complete her unexpired term and said that Melleny had always been very helpful during her term of office, and knew that she would be an excellent representative. Melleny Pritchett also introduced herself and asked for the support of residents of Ward 1 during this special election. PUBLIC HEARINGS: (F) Rezoning request — Cooper Lake Oaks — 9.8 acres — Cooper Lake Road and King Springs Road — From R-20 to RAD Conditional. Councilman Wood said the applicant for the rezoning has requested that this application be tabled to the June 4, 2001 hearing. Mayor Bacon asked for public comment. Curtis Dobbs of King Valley Road asked why this request is being tabled. Mr. Wood said the applicant has had a hydrology study done and the Engineering Department is still reviewing it. Mr. Dobbs said his one acre lot is the low point of the 9.8 acres and there are two culverts going under King Valley at that point, and that they are at maximum capacity now. Councilman Wood said the hydrology study will reveal the impact to the area. Ken Hildebrandt said the plans were submitted late last week and the developer will be required to provide detention facilities to prevent additional runoff and the standard policy set by council has been to reduce runoff by 110%. Councilman Wood said they would not approve anything for the developer that did not meet requirements of the ordinance or the Engineering department. Mr. Dobbs said he wanted to make it clear that he has never had a problem with water in the 13 years he has been there, but he is trying to protect his property and did not think a detention pond in his back yard would increase his property value. Councilman Wood made a motion the rezoning request be tabled to the June 4, 2001 meeting. Councilman Jack Cramer seconded the motion which carried 6-0. (A) Variance request — 875 Windy Hill Road — allow 46.63 square foot freestanding sign May 21, 2001 meeting - continued Howard Smith stated the applicant is requesting two variances for this location and that this request is related to the size of the monument sign. The parcel is located in the Windy Hill overlay district which provides for a maximum sign area of 32 square feet for free-standing monument signs. This request was tabled from the last meeting. .. Royce Brooks with Lance Oil was present to represent the applicant. There was no opposition. Councilman Cramer said they met last week with Mr. Brooks and residents in the Cherokee Trail area. Mr. Brooks said they met with probably 15 residents last week to address their concerns. Their plans are to convert the service station to a convenience store. The two driveways on Windy Hill will be right -in, right -out only with no change on Cherokee Trail. The chainlink fence facing Windy Hill Road will be removed with and shrubbery will be planted along the Cherokee Trail property line. Councilman Cramer said the residents were also concerned with location of the monument sign, and parking, and those concerns have also been addressed by Mr. Brooks. Councilman Lnenicka commended Mr. Brooks for working with the city and residents to address their concerns regarding this location. Councilman Cramer made a motion the variance request to increase the maximum sign area to 46.63 square feet be approved as requested. Councilman Lnenicka seconded the motion, which carried 6-0. (B) Variance request — 875 Windy Hill Road — allow signage on 3 sides of proposed structure Councilman Cramer made a motion that the request to allow signage on the three sides of the proposed pump canopy be approved, to permit the Texaco star logo measuring 6.76 square feet to be placed on the south, east and west faces of the canopy. Councilman Lnenicka seconded the motion, which carried 6-0. (C) Rezoning request — Bates Road and Argo Drive - .64 acres — from R-15 to RM-10 Howard Smith stated that Mr. Thomas Starr is proposing to rezone this .64 acre tract which would permit multi -family developments (apartments) or day care facilities with several restrictions. This request was denied by the Planning and "Zoning Board. There was no opposition. Mr. Starr said they wanted to have a day care center on this site and he had spoken with most of the neighbors and had several signatures. They felt this would be a benefit to the community and had received no objections. Councilman Scoggins said when they first talked, he was mildly receptive but unfortunately there had been some setbacks regarding the legality of this proposal. The RM-10 would allow multi -family (apartment) development. Mr. Starr said this development would be only a day care facility, which could also be used on weekends for bible study. Mr. Starr said he would be amenable to a conditional zoning to limit the use. Community Development Director Chris Miller said this is a residential area and this request would constitute a spot zoning and the Planning and Zoning Board had also expressed concerns about impact on the neighborhood. Councilman Scoggins said that our attorneys have also advised that this is a spot zoning request and made a motion the request be denied. Councilman Newcomb seconded the motion. Councilman Lnenicka said he would support the motion and although he felt the applicant has good intentions, it would be difficult to limit the use of the property if the zoning was approved. Councilman Lnenicka also commended Mr. Scoggins on the tremendous improvements and revitalization efforts in this area. Vote on the motion carried 6-0. (D) Land use change — Bates Road and Argo Drive - .64 acres — from Low Density Residential to High Density Residential Mayor Bacon advised that no action is required. (E) Variance request — 2616 Hughes Street — reduce side yard setback from 26.16 feet to 14.6 feet Howard Smith stated that Charles Woodham is requesting a variance to replace the original front porch with a larger porch, necessitating a variance on the side yard setback. The zoning ordinance requires the minimum side yard setback for the side of a building fronting a street to be two-thirds of the front setback. Based upon a 40-foot front yard setback, the minimum required side yard for this addition is 26.6 feet and the applicant has requested a variance to decrease the setback to 14.6 feet. The adjacent property owners were notified of the variance request and there was no opposition. Donna Short advised this would be a porch with arbor added to their home. This is the last house on a dead end street. Councilman Hawkins said he appreciated the efforts of Chris Miller and his staff and felt this would be a nice addition. Councilman Hawkins made a motion the variance be approved as requested. Councilman Scoggins seconded the motion, which carried 6-0. (F) Privileged license request — China Buffet — 2800 Spring Road, Suite A — retail pouring (beer and wine) Howard Smith advised that Tai Pei Company, Inc., d/b/a China Buffet has requested a license for the retail pouring of beer and wine. The registered agent for this establishment is Chun Chuan Chen and he has been given a copy of the alcohol beverage ordinance and the Business License officer has review the guidelines with him. The police investigation revealed nothing that would preclude issuance of the license. There was no opposition. Mr. Chen said he had been in business about 3 years and there has been no alcohol served at this location previously. Mr. Chen spoke little English but through help with an interpreter said he had served alcohol at restaurants in Newnan and Brunswick, Georgia. Councilman Hawkins said he was a little concerned with May 21, 2001 meeting - continued the language barrier and asked if he would be able to communicate with customers about their age, and asking for identification. Mr. Chen said he understood the regulations. Councilman Newcomb said they wanted him to be successful and wanted to make sure that the waiters and waitresses understood the regulations well enough to comply. Also, all employees will be required to obtain photo permits from the Police Department. Mr. Chen said this is a buffet restaurant and a very small percentage of their total sales would be from alcohol. Councilman Newcomb said this location does meet the distance requirements and made a motion the license be approved. Councilman Scoggins seconded the motion, which carried 6-0. FORMAL BUSINESS: (A) Approve Welker and Associates to design Ridge Road sewer line Howard Smith said this sewer line would serve the recently annexed properties along the north side of Ridge Road and this study would provide the survey, design and cost estimate for the proposed line. The proposed line would be constructed along the rear of the properties and tie into Vinings Glen. This study will be funded from the water and sewer renewal and extension account. Councilman Lnenicka said when they annexed the 9 homes on Ridge Road the residents asked about the City providing sewer services. This study will determine where the line would be built, with a cost estimate. Councilman Lnenicka made a motion the study be approved. Councilman Scoggins seconded the motion, which carried 6-0. (B) Authorize Mayor to sign Emergency Telephone Number 911 resolution Howard Smith stated that on March 20, 2000, the Mayor and Council approved a resolution for the collection of the emergency telephone 911 fee of $1.50 per month, per telephone subscriber, to support our enhanced 911 system. This resolution will reaffirm the collection of those fees. Councilman Hawkins said this fee would support the services provided to our citizens through 911 services and made a motion the resolution be approved. Councilman Wood seconded the motion which carried 6-0. (C) Approval of agreement with Georgia Interlocal Risk Management Agency — annual renewal of property and liability coverages Howard Smith advised that as a member of the Georgia Interlocal Risk Management Agency (GIRMA), a subsidiary of the Georgia Municipal Association, this agreement is for the renewal of the City's property and liability coverage. This coverage includes but is not limited to buildings and contents, automobile damage, law enforcement liability, general liability, and crime. The renewal period is for May 1, 2001 to April 30, 2002, at a cost of $218,691. Councilman Cramer said this is an annual renewal contract and made a motion it be approved. Councilman Hawkins seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report BID AWARDS: (A) Bid award — field renovation for Parks Department Howard Smith said that 7 vendors responded to our bid request and after review by the Purchasing Department, recommended that the bid be awarded to Athletic Turf Management, the lowest qualified bidder at $74,785. The actual low bid was from Tritt Landscaping at $62,400 but may not be qualified to meet requirements at the price stated. Council had previously approved the transfer of $43,000 from Contingency. A total of $82,785 is now requested in Contingency funds to meet the shortfall from what was originally requested. Councilman Wood made a motion the bid be awarded to Athletic Turf Management at $74,785 which will include projects at Campbell Middle School and Tolleson Park. Councilman Cramer seconded the motion, which carried 6-0. (B) Bid award — Rotary truck lift and rolling jack for Public Works Howard Smith stated that three vendors were solicited with two responding. The Public Works and Purchasing departments have reviewed these bids and recommend that the bid be awarded to the lowest bidder, Myers Tire of Atlanta for $7,883.00 Councilman Scoggins made a motion the bid be awarded to Myers Tire of Atlanta for $7,883. Councilman Hawkins seconded the motion which carried 6-0. (C) Bid award — storm sewer replacement for Windy Hill Road May 21, 2001 meeting - continued 4 Howard Smith stated 10 bids were solicited with seven responding to replace the deteriorated storm sewer on Windy Hill Road. The Public Works and Purchasing departments reviewed the bids and recommend the bid be awarded to K. M. Davis Contracting for $76,950. Councilman Scoggins made a motion the bid be awarded to K. M. Davis for $76,950. Councilman Hawkins seconded the motion which carried 6-0. (D) Bid award — annual contract for chemical products Howard Smith stated that bids were requested from eight vendors with five responding. Of the five responding, Peoples Janitorial and Zep Manufacturing were consistently low on unit pricing. The bids were reviewed by the Public Works and Purchasing departments and recommend the bid be split between the two low bidders. Councilman Scoggins made a motion the bid award be split between Zep Manufacturing and Peoples Janitorial. Councilman Hawkins seconded the motion which carried 6-0. (E) Bid award — design and construction services for Phase II of Chuck Camp Park Howard Smith stated that Altamira Design and Common Sense, Inc. was responsible for design, construction phase services, contract administration, and constriction bid award for the City during the Phase I element of Chuck Camp Park. This award is for like services for the next phase of work. The City Attorney has reviewed Altamira's fee proposal and indicated that the department may recommend Altamira for this project because of the close, professsional connection this firm has with the City on the project to date. Councilman Wood made a motion that Altamira Design be selected for design and construction services for Phase II development at Chuck Camp Park. Councilman Cramer seconded the motion, which carried 6-0. CONSENT AGENDA: (A) Approval of May 7, 2001 minutes (B) Approval of apartment name change from Park at Galleria to Worthing at Galleria (C) Approval to construct 10" water line in Vinings Estates (D) Approval to replace 150' sewer main on Lochlomand Lane (E) Approval to request bids for concrete construction services (F) Approval to replace 600' of sewer main at Burbank and Glendale Circles (G) Approval to replace 600' of sewer main at Glendale Place and Glendale Circle (H) Approval to replace 2,265' of sewer main at Village Parkway and Bates Street (I) Approval to replace 1,500' of water main on Gordon Circle (J) Approval to replace 1,300' of water main on Highland Drive (K) Approval to replace 650' feet of water main on Love Street (L) Approval to use Council chambers Thursday, May 10, 2001, from 6:30 p.m. to 10:00 p.m. for neighborhood meeting (M) Approval to use Council chambers, Thursday, May 24, 2001 from 6:30 p.m. to 10:00 p.m. for Ward 5 neighborhood meeting Councilman Lnenicka made a motion the consent agenda be approved seconded by Councilman Cramer. Vote on the motion was approved 6-0. COMMITTEE REPORTS: Councilman Newcomb called on Chris Miller for a report from Community Development. Mr. Miller reported that Carol Cowan is in the hospital for some testing but is doing well and should be at home soon. Mr. Miller gave a report on building construction for last month and stated there has been a sizeable increase over last year. The Community Development committee is also working on an inspection program for single family rentals, which is expected to begin in January, which will include an inspection of the interior and exterior of the dwelling. An inspection fee will be assessed to offset the cost of the program. Councilman Scoggins called on Ann Kirk for a report from Keep Smyrna Beautiful. Ms. Kirk said their volunteers did a wonderful job this year for the "Great American Clean Up"; 180 volunteers who gave over 400 hours and picked up miles of litter. A number of donations were also received from the community. Scott Stokes gave a report from the Public Works Department and stated that Bobby Cooper, a Public Works employee suffered from a slight stroke but was at home now, recovering. Scott reminded everyone of the holiday schedule and change in sanitation and trash pickup. Door hangers are being used to remind residents that leaves are no longer picked up in plastic bags. Councilman Cramer called on Chris Corey for a report from Human Resources. Mr. Corey announced job openings in the City. Councilman Cramer said marble bricks and pavers are still available for the veteran's memorial. Councilman Lnenicka called on Chief Hook, who gave a report from the Police Department. Councilman Lnenicka read the latest Grand Jury report and stated there were no recommendations from them. May 21, 2001 meeting - continued Chief Larry Williams gave a report from the Fire Department and stated they were awarded a grant, which allows them to install smoke detectors in Smyrna homes, at no charge. Fire trucks on Saturdays are going door to door asking residents if they have smoke detectors. This year, they are also involved in the child safety program and they are working with the Police Department to instruct people in proper use of child safety seats and restraints. They have also been tentatively notified that they have received a grant for a child safety seat program. The Smyrna Fire Department was also recently recognized by the Governors office for their participation in this program. Councilman Lnenicka said he noticed in the May issue of Georgia Trend magazine, Pam Walker and her travel agency was featured. Councilman Wood called on Michael Siegler for a report from the Library. Mr. Siegler said that statistically, last month was the best month ever for the Smyrna Library. There are now 16,000 cardholders, which means that more than 40% of our population has a library card that they received within the last 2 '/z years. Mr. Siegler said they expect our summer reading club to reach maximum capacity this year. Registration begins Thursday, May 301h and it is open to everyone. Steve Ciaccio reported on upcoming events in the Parks Department. Howard Smith said they hope to have the new web page up by July I" and the department heads have worked hard to provide information for that site. Smyrna Ice Cream and Deli opened recently and they will have their grand opening this Friday. Also, the DDA met Tuesday night and the Mayor, as Chairman of the DDA, signed the contract with G. K. Johnson. With no further business, m�,eting adjourned at 9:38 p.m. i '-� t_=41 A. MAX BACON, WARD 1 (VACANT) BILL SdOGGINS,., ..D CHARLES PETE WOOD, WARD 7 CITY CLERK RON NEWCOMB,'D W.JAMES M. ' PRD