Loading...
04192004 April 19, 2004 Council Meeting April 19. 2004 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Pro Tern Wade Lnenicka at 7:32 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Assistant Fire Chief Jason Lanyon, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Dr. Peter Grant from Cumberland Community Church. CITIZENS INPUT: Mayor Pro Tern Lnenicka recognized Mr. Curt Johnston from the Cobb County School Board, and Mr. Johnston introduced Principal Pearce and some students from Green Acres Elementary School to those present. The students led the assembly in the pledge to the flag, and made a presentation of this month's character education words. Mayor Pro Tern Lnenicka stated that Mayor Bacon and Council Member Newcomb are expected to arrive at the meeting soon. ... Council Member Pritchett recognized Dr. Dan Curriden, and Council Member Pritchett read a Proclamation for Kids Day AmericalInternational to those present. Dr. Curriden thanked the City's officials for their support, and provided details of Kids Day AmericalInternational activities to those present. Mayor Pro Tern Lnenicka recognized Mr. Joel Cope, and Mr. Cope stated he is a candidate for the Democratic Party nomination for House District 34. Mayor Pro Tern Lnenicka recognized Mr. Terry Schultz, who provided to those present details of his efforts to provide assistance with planting of trees in a local park facility. Mayor Pro Tern Lnenicka recognized Pastor Reggie Wilborn from Union Baptist Church, and Pastor Wilborn asked the City's officials to consider traffic safety measures to help protect pedestrians crossing South Cobb Drive near the area of Union Baptist Church. Mayor Pro Tern Lnenicka recognized Ms. Sandi Sands, residing at 2960 Lexington Trace, and Ms. Dale Holmes, residing at 802 Country Park Drive, and Ms. Sands expressed concern about motorists not yielding to pedestrians in the traffic circle near the Community Center. Ms. Sands stated she does not believe this traffic circle was designed to accommodate a large volume of commuter traffic traveling at speed. Ms. Sands suggested measures to try to discourage motorists from using the traffic circle as though it were a through street. Ms. Holmes brought in photographs of the subject area which she stated illustrate some of the expressed concerns. Mayor Bacon thanked Dr. Grant for giving the invocation. Mayor Bacon expressed regret for any miscommunication which may have occurred regarding Mr. Schultz's offer to help provide some trees for a local ball field. - April 19. 2004 2 MAYOR'S REPORT: Mayor Bacon had nothing to report. - LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Public Hearing - Variance Request V04-012 - Reduction in Front Yard Setback - 3589 Lee Street - Ben and Jacki Geer Mr. Wright stated the request is for a reduction in the front yard setback at the subject location from 35' to 32' in order to construct a front porch at the property. Mr. Wright stated staff recommends approval of the requested variance. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. Council Member Lnenicka recognized Mr. and Mrs. Geer, and asked them to explain the need for the requested variance to those present. Mr. Geer stated that various enhancements are planned for the subject residence, including addition of a garage and kitchen, and enlargement of some rooms. Mayor Bacon recognized Mr. Mike Woodliff, residing at 3673 Lee Street, who commented favorably about the proposed renovations at the subject property. MOTION: Council Member Lnenicka made a motion to approve Variance Request V04-012 for a reduction in front yard setback at 3589 Lee Street from 35' to 32' for Ben and Jacki Geer. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's Note: Council Member Newcomb was not present at the time of this vote) ".. (B) Public Hearing - Variance Request V04-013 - Reduction in Side Yard Setback - 908 Sharon Circle - Karen Hartley Mr. Wright stated the applicant is seeking a variance for a reduction in side yard setback from 10' to 3' in order to build a carport. Mr. Wright stated that staff recommends approval of the proposed variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member McNabb recognized Ms. Hartley, and asked Ms. Hartley to provide details of the proposed modification of the subject structure to those present. Ms. Hartley stated she plans to have an open carport added to her house. At Council Member McNabb's request, Ms. Hartley described the proposed construction details of the addition for those present. Council Member McNabb asked Ms. Hartley if it is correct that she has obtained the signatures of surrounding residents on a statement indicating they have no objection to the proposed addition, and Ms. Hartley answered in the affirmative. MOTION: Council Member McNabb made a motion to approve Variance Request V04-013 for a reduction in side yard setback at 908 Sharon Circle for Karen Hartley. The motion was seconded by Council Member Scoggins. Motion was approved 6 - O. (Clerk's Note: Council Member Newcomb was not present at the time of this vote) - Aoril19. 2004 3 (C) Public Hearing - Variance Request V04-014 - Permit for Additional Wall Sign - 4500 South Cobb Drive - RBC Centura Bank - Council Member Lnenicka read a letter to those present from Permit Resources dated April 15, 2004, in which is set forth a request to withdraw without prejudice the variance request for RBC Centura Bank. MOTION: Council Member Lnenicka made a motion to allow the withdrawal without prejudice of Variance Request V04-014 for a permit for an additional wall sign at 4500 South Cobb Drive for RBC Centura Bank. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's Note: Council Member Newcomb was not present at the time of this vote) PRIVILEGE LICENSES: There were none. FORMAL BUSINESS: (A) Appointment of Member to the Smyrna Housing Authority MOTION: Council Member Scoggins made a motion to reappoint Mr. Bill Strickland to the Smyrna Housing Authority. The motion was seconded by Council Member Pritchett. Motion was approved 6 - O. (Clerk's Note: This appointment is effective through May 2, 2008/Council Member Newcomb was not present at the time of this vote) - COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of April 5, 2004 Minutes (B) Bid Award #4-009 for Storm Sewer Replacement The Public Works Department requested bids for replacement of 583 feet of storm sewer on Creatwood Trail and Navajo Trail. Three vendors responded with the following bids: D & H Construction Co., Inc. $301,947.30 Wade Coots Co., Inc. $259,931.13 K. M. Davis Contracting $185,000.00 Staff members have reviewed the bids and recommend award of bid to K. M. Davis Contracting in the amount of $185,000.00. (C) Approval for Request of Bids to Establish Unit Pricing for Sewer Lateral Reinstatements The Public Works Department is requesting bids to establish a contract for the repair of sanitary sewer laterals and sewer taps from within the sewer main. - April 19.2004 4 (D) Bid Award - Traffic Signal Improvement at Windy Hill Road & Dixie Avenue This project will tie two signals together as well as replace aging poles and signal heads. Three bids were received as follows: North Cherokee Electrical Contractors $63,681.00 A & P New Georgia Signal Company $26,027.00 Detection Engineering Technology $49,326.64 The City Engineer has reviewed the bids and recommends award to A & P New Georgia Signal Company. - (E) A ward of Audit Contract The City will enter into an Independent Audit Contract for a period of three years with two, one year extension options commencing with Fiscal Year 2004. The City sent out an RFP for Audit Services to ten firms. Four responded. All four respondents met the requirements, while three of the four met the requirements considered to be the most important. While cost is a major factor, other factors must be considered as was the case. Other critical factors include proposed time schedules, estimated audit hours required, number of available staff, and experience with comparable city audits and GASB 34. Many other factors were also considered when evaluating these RFP's. A ward of the Audit Services contract to Moore and Cubbage, LLP for a period of three years with options for 2 one-year extensions is recommended. (F) Approval of Use of Council Chambers by the Vinings Pointe HOA on May 4,2004 from 7:00 p.m. until 9:00 p.m. (G) Approval to Advertise for the Abandonment of Terry Drive The City has received a request from the Columns Group to abandon Terry Drive and deed the property over to them. The City recently annexed and rezoned the property on both sides of Terry Drive. The approved plan calls for this dead end street to be abandoned. The City Engineer has reviewed the request and recommends approval. - (H) Approval of Road Closings for the Atlanta Vietnam Veterans Business Association (A VVBA) Memorial Dedication on May 27 and for the City's Memorial Day service on May 31 It is necessary to close the short section of Bank Street from the City Hall parking lot entrance on Bank Street to King Street so that seating may be placed on Bank Street for the A VVBA and Memorial Day functions. Parks & Recreation has been working with the A VVBA regarding the set-up needs for their morning function. A road closing from 7:00 a.m. to 12:00 noon will be necessary on May 27. For the Memorial Day function a road closing will be necessary from 7:00 a.m. to 2:00 p.m. (1) Approval of Road Closings for the Downtown Concert Series Road closings are needed for the concert series to include May 15, June 12, July 10, and August 7. Roads to be closed include King Street at Bank Street, Powder Springs at the Library parking lot entrance, and Atlanta Road at the Village Green approach. These road closings are necessary to secure the area to be used by the general public for these concerts. (J) Approval of Use of Council Chambers on Tuesday, April 20, 2004 from 6:30 p.m. to 9:00 p.m. by the Cobb Family Resources Community Leadership Development Program - April 19, 2004 5 MOTION: Council Member Wood made a motion to approve the consent agenda. The Motion was seconded by Council Member Newcomb. Motion was approved 7 - O. - COMMITTEE REPORTS: Council Member Pritchett recognized Ms. Kirk and Mr. Stokes. Ms. Kirk provided details to those present concerning the recent presentation of the Waste Reduction Award to the City of Smyrna by the Georgia Department of Community Affairs. Ms. Kirk stated the City has received this distinction many times before, and that the City's success in this area is attributable in large measure to the efforts of the City's Public Works Department and Parks Department staff members. Ms. Kirk provided details of various Keep Smyrna Beautiful (KSB) activities to those present. Mayor Bacon expressed appreciation to Ms. Kirk and the associates of KSB for their efforts on behalf of the City. Mr. Stokes provided details of recent Public Works Department activities to those present. Council Member Pritchett expressed appreciation to Mr. Stokes and the Public Works Department staff for the diligence they demonstrate in attending to the needs of the citizens. Council Member Newcomb recognized Mr. Miller, and Mr. Miller provided current building permit statistics to those present. Council Member Scoggins recognized Ms. Hiott, who provided details to those present concerning recent court services operations. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details of various upcoming events in the City to those present. - Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details of recent park improvements and upcoming events to those present. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details of current library use statistics to those present. Mr. Seigler provided details of upcoming library programs and events to those present. Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present regarding positions for which the City is presently recruiting. Council Member Smith encouraged everyone to participate in the Jonquil City Jog this weekend. Council Member Lnenicka recognized Chief Hook, who had no report. Council Member Lnenicka recognized Assistant Fire Chief Lanyon, and Assistant Fire Chief Lanyon reminded everyone that outdoor conditions are very dry at the present time, and urged everyone to be mindful of the potential fire hazard posed by these conditions Assistant Fire Chief Lanyon stated that no outdoor burning is allowed in the City at any time. Assistant Fire Chief Lanyon reminded everyone to make sure that there are adequately charged batteries in their smoke detectors. Council Member Lnenicka stated that a bid for replacement of 583 feet of storm sewer on Creatwood Trail and Navajo Trail was approved tonight, and that this replacement should help to improve drainage in that area. - April 19, 2004 6 Council Member Lnenicka thanked the residents of Collier Gate for inviting him to their block party held last Saturday. Council Member Lnenicka stated the Atlanta Regional Commission will hold a public meeting at the Community Center on May 5 to discuss the clean-up of the Chattahoochee and Flint River basins. - Council Member Wood recognized Ms. Edgar, who had no report. CITIZENS INPUT: There were no additional comments. Council Member Lnenicka stated the council will adjourn into executive session to discuss legal matters, and then reconvene to effect final adjournment of the council meeting. Council Member Lnenicka stated that no further regularly scheduled business will be conducted at this meeting. MOTION: Council Member Lnenicka made a motion to adjourn to the second floor meeting room into executive session for the purpose of discussing legal matters. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (Clerk's Note: Executive session commenced at 8:45 p.m.) MOTION: Council Member Lnenicka made a motion to adjourn from executive session to resume the council meeting. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (Clerk's Note: Executive session ended at 9:37 p.m.) MOTION: Council Member Newcomb made a motion to adjourn the council meeting. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - ADJOURNMENT: With no further business, the meeting was adjourned at 9:37 p.m. - April 19. 2004 - - ~~~ CHARLES PETE WOOD, WARD 7 - 7 . ~~ [1, Cft~-- S AN D. HIOTT, CITY CLERK , ~..~ ^J.JL- . RON NEWCOMB, WARD 2 JttU ~~ng MIC ELMcNABB, WARD'4 AFFIDA VIT - Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, Mayor A. Max Bacon, who after being duly sworn, deposes and on oath states the following: (1) I was the presiding officer of a meeting of the Mayor and Council held on the 19th day of April, 2004. (2) That it is my understanding that a.C.G.A. 950-14-4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. (3) The subject matter of the closed meeting or closed portion of the meeting held on the 19th of April, 2004, which was closed for the purpose(s) of discussion of legal matters as allowed by a.c.G.A., Title 50, chapter 14, was devoted to matters within those exceptions and as provided by law. (4) This affidavit is being executed for the purpose of complying with the mandate of a.C.G.A. 950-14-4(b) that such an affidavit be executed. - This 19th day of April, 2004. Sworn to and subscribed before me This 19th day of April, 2004. -