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12-04-2000 Regular MeetingDecember 4, 2000 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present was City Administrator Howard Smith, Deputy City Clerk Kellie Barber, City Attorney Scott Cochran, Finance Director Claudia Edgar, Accounting Manager Mike Hickenbottom and representatives of the press. City Clerk Candis Joiner was absent. Invocation was given by Pastor Robin Hancox of 1. G. O. Family Church, followed by the pledge of allegiance to the flag led by retired Army Colonel Ron Moore. CITIZENS INPUT: Mayor Bacon recognized School Board Representative, Curt Johnston who introduced Brown Elementary Principal Mrs. Phyllis Stephenson, chorus director Mr. Ron Cook and special education teacher Mr. Walter. Mrs. Stephenson introduced students Jessica Pitts, Nicolas Scott, Bryce Butler, David Celestain, Ryan Echols, Gavin Gill, Rasha Frye, Heladio Marban, Joshua Taylor, Tyanne Bates, Zachary Tool and Wesley Childs who performed the song "Character Counts" and discussed the character education words. Mayor Bacon thanked the children and presented each with a gift bag. Mr. Smith congratulated the students of Campbell High School for earning the highest grades of all Cobb County high schools at the recent Governor's Honors program. Mayor Bacon stated that Dr. J. B. Butler passed away on Sunday, December 3rd, and sent his condolences to Dr. Butler's family and friends. Mayor Bacon introduced Representative Randy Sauder who thanked the citizens of District 29, Mayor Bacon and Council Members for their support over the last six years. Representative Sauder congratulated Ms. Collins on her election victory. Mayor Bacon recognized Representative -elect Ginger Collins who thanked the citizens for their vote and support. Ms. Collins stated that she looks forward to serving the citizens of District 29, and Mayor Bacon stated that he and Council look forward to working with Ms. Collins. Mayor Bacon recognized Mr. Floyd Millis who presented Mayor, Council and City Employees with a gift of candy. Mayor Bacon recognized Mr. James Royal who requested to use the overhead projector equipment. Mayor Bacon explained that citizens must make a request in advance in order to have the equipment prepared. Mayor Bacon recognized finance director Ms. Claudia Edgar who introduced Mr. Rick Hartley of Anderson, Hunt. Mr. Hartley introduced Mr. John Anderson, Ms. Darlene Rodriquez and Ms. Julie Westbrook and presented the details of the City of Smyrna financial audit. Mr. Hartley thanked Ms. Edgar, Mr. Hickenbottom and the City of Smyrna finance department for their cooperation and assistance. Councilman Hawkins asked Mr. Hartley if the tax income is only for property taxes and Mr. Hartley said that the dollar amount includes property taxes and franchise taxes. Councilman Hawkins asked Mr. Hartley if the water -sewer fund is at a break-even point, and Mr. Hartley said yes. Councilman Hawkins asked Mr. Hartley if the City spent more money than the money received and Mr. Hartley said no. Councilman Hawkins asked Mr. Hartley if the City is reasonably run and Mr. Hartley said yes. Councilman Wood asked Mr. Hartley if the internal controls are appropriate and adequate, and Mr. Hartley said yes. Councilman Wood asked if there are any deficiencies with the internal controls and Mr. Hartley said no. Councilman Wood asked Mr. Hartley if the various reserve funds are adequate and Mr. Hartley said yes. Councilman Hawkins commended Mr. Smith and the City department heads for keeping the spending under budget. December 4, 2000 2 Mr. Smith commended Ms. Edgar and Mr. Hickenbottom for their efforts and thanked Mr. Hartley for Anderson, Hunt's assistance during the audit process. PUBLIC HEARINGS: (A) Variance Request-1475 Roswell Street —Reduce Front Yard Setback from 30 feet to 27 feet. Mr. Smith stated that the applicant is requesting this variance in order to add a front porch to his existing home that will aesthetically improve this property and that the adjacent neighbors do not object to this request. Mayor Bacon stated that this is a public hearing and asked if there is any opposition. There was none. Councilman Scoggins introduced Mr. Koch, owner of the property, who stated that he would like to improve the street appeal of this home by building a front porch onto the existing structure. Mr. Koch stated that the front porch, if approved, will be 12 feet farther from the street than the adjacent home. Councilman Scoggins made a motion to approve the variance request of 1475 Roswell Street to reduce the front yard setback from 30 feet to 27 feet. Councilman Hawkins seconded the motion. Motion was approved 7-0. (B) Variance Request-1050 Clifton Circle —Reduce Front Yard Setback from 35 feet to 25 feet. Mr. Smith stated that the applicant is requesting this variance in order to build a single-family home and because of the square footage of the home, she would need the variance to place the home on this lot. Mr. Smith stated that adjoining property owners have been notified and have no objection. Mayor Bacon stated that this is a public hearing and asked if there is any opposition. There was none. Councilman Hawkins asked Ms. Kenney if she could put in a driveway and Ms. Kenney said yes. Ms. Kenney said that she will need the variance request due to the terrain of the back yard and that her home will be farther back from the right of way than her neighbor's home. Councilman Hawkins made a motion to approve the variance request of 1050 Clifton Circle to reduce the front yard setback from 35 feet to 25 feet. Councilman Scoggins seconded the motion. Motion was approved 7-0. (C) Variance Request —Lot 86 King Valley Subdivision —Reduce Side Yard Setback from 25 feet to 22 feet. Mr. Smith stated that the applicant is requesting this variance in order to build a single-family home on this property in King Valley Subdivision and that the subdivision was originally zoned in Cobb County. Mr. Smith stated that the applicant wants to vary the type of homes in the subdivision, create an attractive streetscape and deal with grading issues. Mayor Bacon stated that this is a public hearing and asked for public comment. City Attorney Scott Cochran administered the oath to those wishing to speak. Councilman Wood asked Mr. David Meyer to explain the necessity of this variance and Mr. Meyer stated that the variance is necessary in order to build the home that the prospective owner is requesting. Mr. Meyer stated that Traton Homes contracted his company to design the original design for the King Valley subdivision as well as create home placement for the subdivision. Mr. Meyer stated that no adjacent homes will be affected by this variance request. Mayor Bacon introduced Ms. Donna Capuchio, resident of King Valley Subdivision, who withdrew her opposition. Ms. Capuchio stated that she is concerned with drainage problems in the subdivision and the existing dam. Mayor Bacon introduced Mr. Richard Galleher, resident of King Valley Subdivision, who stated that he is concerned with the sewer line that crosses the dam in this subdivision. Mayor Bacon introduced Mr. David Patton, prospective owner of this property, who stated that he looks forward to living in the City of Smyrna. Councilman Wood stated that the City of Smyrna is concerned with the drainage and dam issues and is working with Cobb County. Councilman Wood made a motion to approve the variance December 4, 2000 request of lot 86 in the King Valley Subdivision to reduce the side yard setback from 25 feet to 22 feet. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Privileged License Request —North Ga. Convenience Management LLC #736, d/b/a Exxon-2370 Spring Road —Ownership Change. Mr. Smith stated that this ownership change request was tabled from the November 6, 2000, Council Meeting and that Mr. Ralph Mesa is the registered agent for this location and that this request is an ownership change. Mr. Smith stated that Mr. Mesa has been given a copy of the Alcohol Beverage Ordinance. Mayor Bacon stated that this is a public hearing and asked for opposition. There was none. Councilman Newcomb asked Mr. Mesa to clarify this request and Mr. Mesa stated that North Ga. Convenience purchased this location from Blue Sky Petroleum in April of 2000 and that this request will correct City records. Councilman Newcomb asked Mr. Mesa to describe the steps that he has taken to deter under age alcohol sales and Mr. Mesa stated that store policy is to ask for identification for all individuals purchasing alcohol, enter a birth date and year into the cash register on all alcohol sales and that the company has an intense training program. Mr. Mesa stated that North Georgia Convenience audits the register tapes for birth date information. Councilman Newcomb made a motion to approve the privileged license request for a retail package license of beer and wine of North Ga. Convenience Management LLC #736, d/b/a Exxon at 2370 Spring Road as an ownership change with Ralph L. Mesa as the agent of record for this location. Councilman Cramer seconded the motion. Motion was approved 7-0. (E) Privileged License Request —North Ga. Convenience Management LLC #716, d/b/a Exxon-677 Concord Road —Ownership Change. Mr. Smith stated that this request was tabled from the November 6, 2000, Council Meeting and that Mr. Ralph Mesa is the registered agent for this location and that this request is an ownership change. Mr. Smith stated that Mr. Mesa has been given a copy of the Alcohol Beverage Ordinance. Mayor Bacon stated that this is a public hearing and asked for opposition. There was none. Councilman Hawkins made a motion to approve the privileged license request for a retail package license of beer and wine of North Ga. Convenience Management LLC #716, d/b/a Exxon at 677 Concord Road as an ownership change with Ralph L. Mesa as the agent of record for this location. Councilman Scoggins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Wastewater Rate Increase. Mr. Smith stated that Cobb County Water System intends to increase the wholesale rate of wastewater by 8%. Councilman Hawkins stated that Cobb County Water System has notified the City of Smyrna that it intends to increase the wastewater rate by 8% and that unfortunately, the City must pass this increase along to the customers because the City sewer and water fund is at a breakeven point. Councilman Hawkins stated that the City can not afford to absorb this cost increase and made a motion to increase the wastewater rate from $3.50 per 1,000 gallons to $3.78 per 1,000 gallons effective January 1, 2001. Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Authorize Mayor to Sign Resolution Authorizing MediaOne of Colorado to Continue Providing Cable Services in the City of Smyrna for a Limited Period of Time. Mr. Smith stated that the City of Smyrna has been negotiating franchise terms with MediaOne of Colorado and that until the City of Smyrna and MediaOne of Colorado could come to terms on a franchise agreement the letter of agreement has provided that MediaOne will continue to pay the City of Smyrna a franchise fee. Mr. Smith stated that the letter of agreement will expire December 31, 2000, and MediaOne and GMA are requesting that this agreement be extended through June 4, 2001. December 4, 2000 0 Councilman Hawkins stated that MediaOne of Colorado does provide limited cable service in the City of Smyrna and that there are ongoing negotiations between the City of Smyrna and MediaOne of Colorado. Councilman Hawkins stated that the City's goal is to have a fair and equitable agreement with MediaOne of Colorado and made a motion to authorize the Mayor to sign the resolution authorizing MediaOne of Colorado to continue providing cable services in the City of Smyrna until June 4, 2001. Councilman Scoggins seconded the motion. Motion_ was approved 7-0. (C) Ordinance Amendment to the Erosion and Sedimentation Control Ordinance. Mr. Smith stated that, if approved, this ordinance amendment will replace the current -City Ordinance and allow the City of Smyrna to be certified as an Issuing Authority. Councilman Scoggins made a motion to approve the amendment of the current erosion and sedimentation control ordinance. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Approval to Install Traffic Signal at Village Parkway and Turpin Road to be included in FY2002 Budget. Mr. Smith stated that the Greater Zion Hill Baptist Church and residents of Rose Garden Hills submitted a petition requesting a traffic signal at the intersection of Village Parkway and Turpin Road. Councilman Scoggins recognized Reverend Elijah Jones of Greater Zion Hill Baptist Church and Ms. Bernice Lindsey and thanked them for attending tonight's Council Meeting. Councilman Scoggins made a motion to approve the installation of a traffic signal at Village Parkway and Turpin Road to be funded in the FY2002 budget. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of November 20, 2000, Minutes. Councilman Hawkins made a motion to suspend the rules for the purpose of adding items to the consent agenda. Councilman Scoggins seconded the motion. Motion was approved 7-0. Councilman Hawkins made a motion to add the following two items: (B) Authorize the Mayor to proceed with an appeal of the judicial decision issued in the Brawner lawsuit. (C) Authorize the purchase of 10 computers for the police department on state contract. Councilman Newcomb seconded the motion to add items B and C. Motion was approved 7-0. Councilman Cramer made a motion to approve the consent agenda and Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood stated that the City of Smyrna will be hosting a walking city tour for members of the Hispanic community on Thursday, December 7, 2000. Councilman Wood stated that classes teaching English as a second language will begin on January 17, 2001, in the Community Center. December 4, 2000 5 Councilman Wood stated that the winter edition of the city newsletter, "Presenting Smyrna", will be delivered in the December water bills. Councilman Wood invited citizens to visit the Welcome Center to see the Christmas decorations. Councilman Wood announced that the Community Relations Department is accepting letters of interest for the Community Culture Study Circles. Councilman Wood offered condolences to the family of Dr. Butler. Councilman Lnenicka thanked Mr. and Mrs. Millis for the delicious candy. Councilman Cramer thanked the parks and recreation department for the Christmas Lights and the festivities during the tree lighting. Councilman Cramer stated that there will be Ward 5 meetings in January and February. Councilman Cramer urged citizens to purchase marble pavers and bricks for the Veterans Memorial Park. Councilman Hawkins offered condolences to the family of Mr. Ed McClure. Councilwoman Capilouto sent best wishes to Mrs. Joiner during the birth of her grandchild. Mr. Smith sent best wishes to Mrs. Joiner during the birth of her grandchild. Mr. Smith sent congratulations to the Campbell High School football team on their successful season and encouraged the citizens to attend the Campbell High School basketball teams. Mr. Smith congratulated Ms. Connie Perez on the recent edition of the Smyrna/Vinings Magazine and encouraged citizens to read the issue. ADJOURNMENT With no further business, the meeting adjourned at 9:14 p.m. A. MAX BACON, MAYOR CANDIS JOINER, CITY CLERK CVmim. �uAFj-vb CHARLENE CAPILO TO, WARD 1 RON NEWCOMB, WARD 2 fffILL S OGGINS, W�bl3 JAZ�ES M. HA NS, WARD 4 L WADE S. LNENI KA, WARD 6 6� -A4���x CHARLES PETE WOOD, WARD 7