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02212005 February 21, 2005 February 21, 2005 - 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 were City Administrator Wayne Wright, City Clerk Susan Hiott, Acting City Attorney AI Cochran, Fire Chief Jason Lanyon, Assistant Public Works Director Frank Martin, 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 ofthe press. Invocation was given by Dr. Ted Holley from Vinings Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda items #4A (Public Hearing - Special Land Use Permit Request 204-31 - Flea Market Operation - 2144 South Cobb Drive - RAM South Cobb, LLC), #4B (Public Hearing - Rezoning Request 205-002 - R-15 to RAD Conditional- .92 Acre Tract- 2731 North Avenue - New Smyrna Properties, LLC) and #4C (Public Hearim! - Approval of 2005 Comprehensive Plan) will be tabled until subsequent meetings. MA YOR'S REPORT: Mayor Bacon had no report. .. LAND ISSUES/20NINGS/ ANNEXATIONS: (A) Public Hearing - Special Land Use Permit Request 204-31 - Flea Market Operation - 2144 South Cobb Drive - RAM South Cobb, LLC Mayor Bacon stated this public hearing will be tabled until the March 21, 2005 council meeting. MOTION: Council Member Smith made a motion to table Special Land Use Permit Request 204-31 for flea market operation at 2144 South Cobb Drive for RAM South Cobb, LLC until the March 21, 2005 council meeting. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (B) Public Hearing - Rezoning Request 205-002 - R-15 to RAo Conditional - .92 Acre Tract - 2731 North Avenue - New Smyrna Properties, LLC Mayor Bacon stated this public hearing will be tabled until the March 7, 2005 council meeting. Mayor Bacon asked if there is anyone present in relation to this matter, and there was no response. MOTION: Council Member Scoggins made a motion to table Rezoning Request 205-002 from R-15 to RAD Conditional for a .92 acre tract at 2731 North Avenue for New Smyrna Properties, LLC until the March 7, 2005 council meeting. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. - February :li....1005 2 (C) Public Hearin.g - Approval of2005 Comprehensive Plan Mayor Bacon asked ifthere is anyone present in relation to this matter, and there was no response. Mayor Bacon stated this public hearing will be tabled until the March 7, 2005 council meeting. - MOTION: Council Member Newcomb made a motion to table approval ofthe 2005 Comprehensive Plan until the March 7, 2005 council meeting. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. PRIVILI;:GE LICENSE: There were none. EORMAL BUSINESS: (A) Approval of Abandonment of Section of Unused Right-of- Way near North Avenue Mr. Wright stated the City has received a request from New Smyrna Properties, LLC (NSP) to abandon a section of unused alleyway near North Avenue. Mr. Wright stated the management of NSP intend to incoqJorate the property into a proposed development if the property is ceded by the City. Mr. Wright stated this property has been posted with a sign indicating that this request was scheduled for consideration by the city council at the present meeting, and that the owners of two other adjoining tracts have been advised of the proposed abandonment in writing. Mr. Wright stated that some sewer lines are located in the subject land, and that staff recommends approval of the abandonment provided that an easement is maintained. - MOTION: Council Member Scoggins made a motion to approve abandonment ofthe unused right-of-way in the vicinity of North Avenue. The motion was seconded by Council Member McNabb. Mayor Bacon asked if the abandoned property is to be maintained as greens pace. Mr. Cochran stated it is not customary to abandon property while seeking to maintain control of its use. Council Member Smith asked if any obstacles to maintaining an easement on the subject tract are anticipated, and Mr. Cochran stated a perpetual easement for that sewer line already exists. Council Member McNabb stated he will withdraw his second ofthis motion. (Clerk's Note: No action was taken on this motion) MOTION: Council Member Scoggins made a motion to approve abandonment ofa specified section of unused right-of-way in the vicinity of North Avenue as requested by New Smyrna Properties, LLC. The motion was seconded by Council Member Pritchett. Council Member Lnenicka expressed support for the proposed abandonment as well as future abandonment of the entire alleyway. Council Member Newcomb stated the property to be abandoned comprises 206 feet as shown in the survey and legal description as submitted by the applicant. Council Member Newcomb stated that the owners of the other two contiguous properties have also been apprised of this proposed abandonment. Council Member Newcomb stated that possible abandonment of the remainder of this section of right-of-way will probably be considered by the city council at a subsequent time. Council Member Newcomb stated that the abandonment of the subject property is a matter separate and apart from the pending rezoning application filed by New Smyrna Properties, LLC. (Clerk's Note: A survey and legal description detailing the land to be abandoned is attached hereto as Exhibit A) Motion was approved 6 - 1, with Council Member Smith in opposition. - Februarv 21, 2005 3 COMMERCIAL BUILDING PERMITS: - There were none. CONSENT AGENDA: (A) Approval of February 7, 2005 Minutes (B) Approval of Banking Services Contract Extension The current banking services contract expires on June 30, 2005. The Sun Trust representative has offered a banking services contract extension of up to three (3) years with some changes in unit pricing of fees. The costs would be absorbed by monthly interest earned. Given this offer and the outstanding service Sun Trust has delivered since 2000, it is our opinion that it would not benefit the City to issue an RFP for banking services at this time. Finance recommends extending the Sun Trust banking services contract, with unit pricing changes, for a period of two (2) years beginning July 1,2005 and ending June 30, 2007. (C) Approval of Purchase of Document Imaging System and Transfer of Contingency Funds After a review of various systems, it was determined that MCCi Laserfiche software is Best suited to the City's records management needs. The total cost of the system is $33,122. Because the total amount allocated for this in the FY 2005 administration budget was $23,000, a transfer of contingency funds will be needed for the purchase. Approval of purchase of the MCCi Laserfiche system and transfer of$10,000 from contingency funds to Administrative Technical funds account J 3200.521300 is recommended. - (D) Approval of Special Event in the Market Village on Thursday, March 17,2005 and Requested Street Closings Atkins Park Tavern and Vintage Tavern is proposing a St. Patrick's Day Celebration (2nd annual) in the Market Village and request permission for activities in the fountain area and the top (Atlanta Road entrance) side of the Market Village for entertainment, food and beer sales. Event duration - 4:00 p.m. to 10:30 p.m. A portion of proceeds will be assigned to a fundraising efforts for a "Downtown Smyrna Children's Park & Playground." Requested street closings as follows: Top semi-circle of the Market Village at the Atlanta Road entrance, fountain area pass-by closed to vehicle traffic ending at the edge of the drives on the sides of Atkins Park Tavern and Cafe Michel. Vehicle traffic is to be allowed from the end of the fountain area through the remainder of the Market Village, leaving parking and traffic lanes open to residents and other merchants. Streets would be closed from approximately 2:00 p.m. on Thursday, March 17 through cleanup after the event, occurring around or after midnight. Approval of the event and street closings is recommended. (E) Bid award bid # 5-016 Public Works requested bids for storm sewer installation on Cooperlake Road at Old Vinings Mill Subdivision to stop storm water from leaving the roadway and curb line. Six vendors were solicited for bids with three responding as follows: ... K. M. Davis Contracting D. & H. Construction $84,425.00 $55,633.50 4 February 21. 2005 Wade Coots Co. $43,610.00 Public Works Staff and Purchasing have reviewed the bids and recommend bid award to the lowest bidder Wade Coots Co. for $43,610.00. - (F) Bid award bid # 5-013 Public Works requested bids for a budgeted Knuckle Boom Trash Loader. Seven vendors were solicited for bids with three responding as follows: Municipal Equipment Fouts Brothers Consolidated Disposal alternate $92,585.00 $91,850.19 $90,765.00 $84,755.00 Public Works Staff and Purchasing reviewed these bids and recommend bid award to the lowest bidder Consolidated Disposal for $90,765.00. Their alternate bid included a chassis which does not meet our turning radius requirements. It is recommended that Mayor and Council approve this bid award to the lowest bidder, Consolidated Disposal for $90,765.00. (G) Bid award bid # 5-014 Public Works requested bids for a budgeted replacement yard waste collection machine (LeafVac). Seven vendors were solicited for bids with three responding as follows: Municipal Equipment F outs Brothers Consolidated Disposal $119,765.00 $119,030.19 $ 99,000.00 - Public Works Staff and Purchasing reviewed these bids and recommend bid award to the lowest bidder Consolidated Disposal for $99,000.00. This bid is $41,000.00 under budget. It is recommended that Mayor and Council approve this bid award to the lowest bidder, Consolidated Disposal for $99,000.00. (H) Bid award bid # 5-017 Public Works requested bids for storm sewer installation on Goodwood Blvd. to stop storm water from leaving the roadway and curb line. Six vendors were solicited for bids with three responding as follows: K. M. Davis Contracting $76,020.00 D. & H. Construction $73,136.50 Wade Coots Co. $29,635.00 Public Works Staff and Purchasing have reviewed the bids and recommend bid award to the lowest bidder Wade Coots Co. for $29,635.00. (1) Bid rejection bid # 5-015 Public Works requested bids for the replacement and up grade of storm sewer piping on Wells Drive. Six vendors were solicited for bids with three responding as follows: - K. M. Davis Contracting $687,485.00 February 21, 2005 5 D. & H. Construction Wade Coots Co. $637,065.00 $625,000.00 - Public Works Staff and Purchasing have reviewed the bids and recommend rejection of all bids. Public Works has directed our consultants PBS & J to redefine the scope of work to address the most immediate need at this time for re-bid and will budget the other improvements at a later date. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Scoggins. Motion was approved 7 - o. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Martin, and Mr. Mm1in had no report. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present concerning recent Keep Smyrna Beautiful (KSB) activities. Ms. Kirk provided details to those present concerning a recent dedication of trees at the arboretum in recognition of Arbor Day. Ms. Kirk expressed thanks to the KSB board members for their assistance. Council Member Newcomb recognized Mr. Miller, and Mr. Miller provided details to those present regarding current building permit statistics. Mr. Miller stated there will be a meeting of the Planning and Zoning Board on February 28 to discuss the land use map. Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present concerning recent court services operations and other administrative functions. - Council Member McNabb recognized Ms. Bennett, and Ms. Bennett had no report. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning upcoming library programs and events to those present. Mr. Seigler provided statistics concerning current library use to those present. Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present concerning various Parks and Recreation Department projects and activities. Council Member McNabb reminded everyone present that a parks bond referendum is scheduled for March 15. Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is presently recruiting. Mr. Corey provided details to those present concerning various programs and activities planned by the Human Resources Department to promote good health among the City's employees. - Council Member Lnenicka recognized Chief Hook, and Chief Hook provided statistics concerning recent and past City police operations to those present. Council Member Lnenicka asked Chief Hook to clarity the location of a controlled substances processing facility recently found by law enforcement authorities in Cobb County. Chief Hook stated the subject location is not in the City, but rather in unincorporated Cobb County. Chief Hook stated the Drug Enforcement Administration (DEA) and local police were involved in the investigation, and that at least three arrests have been made to date in connection with this operation. Council Member Pritchett asked Chief Hook what responsibilities a property owner may incur if a tenant February 2 L 2005 6 distributes or manufactures illegal drugs on their property. Chief Hook stated the property owner's level of responsibility would depend upon whether or not the property owner had knowledge of the illegal activity. Council Member Pritchett asked Chief Hook who is responsible for clean-up of property which has been used for the manufacture of illegal drugs. Chief Hook stated that arrangements for clean-up and disposal of potentially hazardous materials at such sites are made by the DEA. - Council Member Lnenicka recognized Chief Lanyon, and Chief Lanyon provided statistical details to those present concerning annual City fire department operations. Chief Lanyon provided details to those present regarding training and updated equipment for the fire department. Chief Lanyon thanked Ed Hatcher and Belmont Development for donating an old residential structure which was used for training by the fire department. Council Member Lnenicka stated that commemorative pavers are still available for subscription for the Veterans Memorial. Council Member Wood yielded the floor with no report. CITIZENS INPUT: Mayor Bacon recognized Mr. C. R. Shah, and Mr. Shah expressed views and questions regarding the parks bond referendum. ADJOURNMENT: With no further business, the meeting was adjourned at 8:22 p.m. - - Februarv 21. 2005 - A. MAX BACON, MAYOR ~. ~~ 1 P <-- ~ ~~~ BILL scr GGINS, W AR~ . - ~&uJ~ CHARLES PETE WOOD, WARD 7 '\ - 7 ~A'lD.~/ SUS~N D. HIOTT, CITY CLERK c=J2~ J~ RON NEWCOMB, WARD 2 J11U 7Y(~Y1Jt MICHAEL McNABB, W AR'D4 ~ - " .. 'f;, I .." Jan 19 2005 10:25AM ELITE ENGINERING,PC 7702220362 p.3 Exhibit A February 21, 2005 LEGAL DESCRIPTION All that tract or parcel o:~ land lying and being in land lot 593, 17th district, 2nd section, City of Smyrna, Cobb COlmty, Georgia and being more particularly descr-bed as folluws; Commem;ing at the intersection of the eas,ern right-ot:way ofNcrtn Avenue and the sout.l-tern rigbt-of-way of Whitfield Street, Thence So..lthe:ly along the eastern Rig.1t- of. Way of North Avenue a distance of396.58 feet to an iron pin, said point being the True Point of Beginning, Thence South 88 degrees S5 minutes 55 seconds East for a distance of206.00 teet to an iron pin, Thence South 00 degrees 00 minutes 58 seconds West for a d:stance of 12.50 feet to a point, lbenc~ North 88 degrees 55 minutes 55 ~econds cast for a distance of206.19 feet to a point, Thence North 00 degrees 53 minutes 46 .>econds East for a distfu,ce of 12.50 feet to ,tn iron pin and the Point of Beginning. 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