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January 19, 1999 Council Meeting January 19, 1999 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, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Coordinator Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Department Administrative Assistant Carol Cowan, Community Relations Director Maryclaire Andres and representatives of the press. .. Invocation was given by Councilman Wood, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Human Resources Director Chris Corey. Mr. Corey presented the Smyrna" STAR" A ward to the employees of the month, Mr. Duke Roberts, Court Services Department, and Carol Lincoln, Human Resources/Purchasing Department. Mayor Bacon recognized Captain David Farmer, Police Department, who expressed his appreciation to the supporters of the Smyrna Police Department "Toys for Children" program. He then reported that 229 children benefited from the program this past year. PUBLIC HEARINGS: (A) Alcoholic Beverage License Request - Agent Change Only - Ali Food & Gas, Inc., d/b/a Chevron Food Mart - 2875 South Cobb Drive .. Mayor Bacon stated Items (A) and (B) were tabled from the January 4, 1999, meeting. Mr. Smith stated the information he will provide pertains to both items. Mr. Smith stated the applicant, Gail Maaitah, will be the agent for both establishments. Mr. Smith further stated the applicant has been given a copy of the Alcoholic Beverage Ordinance and it has been reviewed with her by the Business License Officer and the Police Department investigation revealed nothing that would preclude the issuance of this license to Ms. Maaitah. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was no opposition. Councilman Cramer asked Ms. Maaitah if she has a copy of the current ordinance and she responded that she does. Mr. Cramer asked Ms. Maaitah if she currently works in the organization and she responded yes. Mr. Cramer cautioned Ms. Maaitah that the city does conduct sting operations and encouraged her to be sure there is a training program in place for the employees. Mr. Cramer suggested Ms. Maaitah card everyone who purchases alcohol. Councilman Cramer stated this is a request for an agent change only and is not a new license request. Councilman Cramer made a motion that the alcoholic beverage license request for an agent change only for Ali Food & Gas, Inc., d/b/a Chevron Food Mart at 2875 South Cobb Drive for retail beer and wine (package) with Ms. Gail Maaitah be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. (B) Alcoholic Beverage License Request - Agent Change Only - Ali Food & Gas, Inc., d/b/a BP Food Mart - 2691 South Cobb Drive .. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was no opposition. Councilman Cramer cautioned Ms. Maaitah again about the sting operations and suggested they card everyone making alcoholic beverage purchases and have a training program in place for their employees. Councilman Cramer made a motion that the alcoholic beverage request for an agent change only for Ali Food & Gas, Inc., d/b/a formerly as BP Food Mart but now as Texaco Food Mart at 2691 South Cobb Drive for retail beer and wine (package) with Ms. Gail Maaitah be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. January 19, 1999, meeting - continued (C) Alcoholic Beverage License Request - Owner and Agent Change - Tomorrow Enterprises, Inc., d/b/a Wings Pub - 1024 Windy Hill Road - Retail Pouring of Beer Mr. Smith stated Mr. Byong Tae Choi has applied to be the agent for this establishment and has been given a copy of the Alcoholic Beverage Ordinance and it has been reviewed with him by the Business License Officer. Mr. Smith stated Mr. Choi is a resident of Cobb County and the Police Department investigation revealed nothing that would preclude the issuance of this license request to Mr. Choi. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this alcoholic beverage license request. There was no opposition. Councilman Hawkins recognized the new owner of Wings Pub, Mr. Soo Hong Lee, and stated this location has been a food establishment for over 20 years and has had a beer pouring license for all that time. Mr. Hawkins asked Mr. Choi if he would be working at this location full time and he responded that he will be working as a part-time employee - from 5 p.m. until closing - and the owner, Mr. Lee will open the restaurant and work until 5 p.m. Mr. Hawkins asked Mr. Choi if he had ever held an alcoholic beverage license before and he responded that he had not held a license in the United States but had in his home country. Councilman Hawkins asked Mr. Choi if he was familiar with the laws of Smyrna and he responded that he was and he understands them and will comply with the city and State requirements. Councilman Hawkins stated the Police Department investigation revealed nothing that would preclude the issuance of the license requested. Mr. Hawkins cautioned Mr. Choi about the sting operations the city conducts and reminded him that all his servers must be permitted. Councilman Scoggins asked Mr. Choi if the city has afforded him the opportunity or helped him with brochures, rules and regulations that he could understand. Mr. Choi responded yes. Councilman Hawkins strongly encouraged Mr. Choi and Mr. Lee to card everyone who comes into the restaurant and is being served and further stated that the County, as well as the City, conducts sting operations. -- Councilman Hawkins made a motion that the ownership and agent change for Tomorrow Enterprises, Inc., d/b/a Wing's Pub, 1024 Windy Hill Road, with Mr. Byong Tae Choi as the agent be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (D) Closure of West End of Oak Drive (at Intersection with Oakdale Road) ...., Mayor Bacon stated this item was approved for advertising and a public hearing scheduled for tonight's meeting. Mr. Smith stated the County Department of Transportation has notified the city that they are finalizing the designs for Oakdale Road and plan to begin right-of-way acquisition in the future. Mr. Smith further stated Oak Drive is a small street that parallels Highland Parkway and links South Cobb Drive with Oakdale Road. He further stated this road is becoming a cut-through and due to this, the County feels it would enhance traffic flow in that area if this was made a cul-de-sac and have requested that the City support this request and consequently abandon a portion of it and close Oak Drive where it intersects with Oakdale Road. Mayor Bacon stated this is a public hearing and asked if anyone was present who would like to make any public comment regarding the proposed closure of the road. Several persons came forward and were administered the oath by City Attorney Chuck Camp. The following persons spoke in opposition to the closure of the West End of Oak Drive: Nancy Cheek, 2080 Oak Drive; Mr. Cheek, 2080 Oak Drive; Larry Freeman, 5595 Oakdale Road on behalf of several business tenants; Karen Alexander, property Manager of McDonald's; Dan Angaro, Freedom Freight Services; Mr. Cordell, BP/ Amoco; Ms. Louise Whitmire; Dan Moss, Jim Bledsoe. These persons cited safety concerns, inability to exit their street and being able to turn left onto South Cobb Drive and negative impact on their businesses. Councilman Wood asked City Engineer Ken Hildebrandt to come forward. Mr. Wood stated there are legitimate safety concerns and there is a huge volume of traffic on a relatively short span of road network. Councilman Wood asked Mr. Hildebrandt to share any discussions he may have had with the Cobb Department of Transportation concerning this issue. Mr. Hildebrandt stated that basically he had no knowledge other than the proposed closure would be done in conjunction with the Oakdale Road widening project and they recommend closure. Mr. Wood asked Mr. Hildebrandt if he has seen any plans for the Oakdale Road design project and Mr. Hildebrandt responded he had seen the plans once but did not have a copy of them. Councilman Wood stated he feels the city needs to do some work with the County on this area since they are planning to do some work that has been programmed for a while on Oakdale Road. -- January 19, 1999, meeting - continued Councilman Wood made a motion that the city deny the request to close the west end of Oak Drive where it intersects with Oakdale Road. He further stated as part of the motion he is asking that the City Engineer immediately contact the County, assuming the motion to deny is approved, advise them of the input received this evening as well as the city's concerns, and ask the County to consider that in the redesign of Oakdale Road and the traffic flow. Councilman Scoggins seconded the motion. .. Councilman Lnenicka stated he also has serious safety concerns about this intersection and the fact that this is a residential street that is being subjected to a very high volume of traffic that almost any neighborhood that the city represents would not tolerate that many cars going through a neighborhood. Councilman Lnenicka stated with the defeat of the I % Road Tax in November, the amount of funds are limited that the city and county have to do serious work in the area. Councilman Lnenicka stated he would prefer that this issue be tabled but leave it on some type of agenda rather than just denying it. Councilman Newcomb stated it is clear the city needs to do further study on this issue and expressed his concern over safety issues in the area. He then stated he would prefer to go ahead and support Mr. Wood's motion to deny this request rather than tabling the issue. Mr. Newcomb stated he would like for the city to have Mr. Hildebrandt come back on a specified date and provide an update on the project or even have the Cobb County D.O.T. come and report on this project rather than tabling the issue. Mayor Bacon stated his concerns are that more than one person stated they were not aware of the road closing until they saw the sign. He stated the city has made an effort to increase the size of posted signs so people will know more about what is being proposed. Mayor Bacon then asked City Engineer Ken Hildebrandt and Public Works Director Scott Stokes that in the future when signs are posted that they be put up well enough where they stay up. Motion to deny the requested closure of the west end of Oak Drive at the intersection with Oakdale Road was approved 7-0. FORMAL BUSINESS: .. (A) Appointments to Planning and Zoning Board - Wards I and 4 Councilwoman Capilouto made a motion that Lana Chase be re-appointed to serve as the Ward 1 representative on the Planning and Zoning Board. Councilman Scoggins seconded the motion. Motion was approved 7-0. Councilman Hawkins made a motion that Mark Curtis be appointed to serve as the Ward 4 representative on the Planning and Zoning Board to replace Nancy Hancock, who has moved out of the city. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Approval of Annual Appropriation Renewal of GMA Lease Pool Bond Series 1990 Program Mr. Smith stated the City of Smyrna has participated in the GMA Lease Pool Program since 1990 and annually the city is required to sign a resolution renewing the program. Mr. Smith stated the Lease Pool enables the city to purchase capital items in a lease/purchase arrangement through a large pool of cities that allows the city to borrow at a lower rate and maximize the resources of the city. Mr. Smith stated the Finance and Administration Committee is recommending the renewal of the program. -- Councilman Lnenicka stated this is a continuation of a program that the city has participated in for eight or nine years. Councilman Lnenicka made a motion that the Mayor be authorized to sign the resolution for the 1999 Annual Appropriation for the Georgia Municipal Association Lease Pool Bond Series 1990. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Set and Advertise Qualifying Fees for November Election Mr. Smith stated the Georgia Election Code 21-2-13I(a)(l) states that the governing authority shall fix and publish a qualifying fee, prior to February 151 of the election year, for each office to be filled in the upcoming General election and also states that such fee shall be 3 % of the total gross salary of the office paid in the preceding calendar year for a salaried office. He January 19, 1999, meeting - continued stated the recommendation is to fix and advertise qualifying fees in accordance with Georgia law. Councilman Lnenicka stated the city is required by law, prior to February 1 S\ to set the qualifying fee for the upcoming city elections to be held this fall and the fee is established by law at 3 % of the annual salary of the preceding year. Mr. Lnenicka stated the qualifying fees are as follows: Office of the Mayor - $342; Office of City Council - $261. Councilman Lnenicka made a motion that the city approve the fixing and advertising of the qualifying fees for the Mayor and Council Members in accordance with the Official Code of Georgia Section 21-2-131(a)(1). Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: ...., There were none. BID AWARDS: (A) Bid Award (Bid #98081) - Rock Hound - Public Works Department Councilman Hawkins stated the Purchasing Department sent out five bids with two responses from qualified bidders. Mr. Hawkins stated the Public Works staff as well as the Purchasing Department reviewed the bids and the Public Works Committee recommends that the bid be awarded to the low bidder meeting specifications. Councilman Hawkins made a motion that the bid for a Rock Hound for the Public Works Department be awarded to Cobb County Tractor, the low bidder meeting specifications, for a total cost of $5,940. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Bid Award (Bid #98083) - Water and Sewer Service Truck - Public Works Department Councilman Hawkins stated ten bids were mailed with four responses from qualified bidders. He stated the Public Works Department and Purchasing Department staff reviewed the bids and the Public Works Committee recommends the bid be awarded to the low bidder meeting specifications. Councilman Hawkins made a motion the bid be awarded to Wade Ford, low bidder meeting specifications, for a total cost of $47,166. Councilman Wood seconded the motion. Motion was approved 6-0 (Councilman Newcomb was absent during the vote). ...., (C) Bid Award (Bid #98082) - Sanitation Service Truck - Public Worl<~ Department Councilman Hawkins stated ten bids were mailed with three responses from qualified bidders. He stated the Public Works Department and Purchasing Department staff reviewed the bids and the Public Works Committee recommends the bid be awarded to the low bidder meeting specifications. Councilman Hawkins made a motion the bid be awarded to Wade Ford, low bidder meeting specifications, for a total cost of $29,182.10. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Councilman Newcomb was absent during the vote). (D) Bid Award (Bid #99001) - Sewer Main - Lake Drive Councilman Hawkins stated six bids were mailed with three responses from qualified bidders. He stated the Public Works Department and Purchasing Department staff reviewed the bids and the Public Works Committee recommends the bid be awarded to the low bidder meeting specifications. Councilman Hawkins made a motion the bid be awarded to D & H Construction, low bidder meeting specifications, for a total cost of $80,990. Councilman Wood seconded the motion. Motion was approved 6-0 (Councilman Newcomb was absent during the vote). (E) Bid Award (Bid #98072) - Unit Pricing - Water Meters - Public Works Department ...-II Councilman Hawkins stated eight bids were mailed with six responses from qualified bidders. He stated the Public Works Department and Purchasing Department staff reviewed the bids and the Public Works Committee recommends the bids be rejected and the item re-bid with more specific information. Councilman Hawkins made a motion the bids be rejected and the item be re-bid. Councilman Wood seconded the motion. Motion was approved 7-0. January 19, 1999, meeting - continued (F) Bid Award (Bid #98062) - Public Works Information Software Councilman Hawkins stated eight bids were mailed with two responses from qualified bidders. He stated the Public Works Department and Purchasing Department staff reviewed the bids and on the advice of David Monroe, the Manager of Information Services, the Public Works Committee recommends the bids be rejected and re-bid with more specific information. Councilman Hawkins made a motion the bids be rejected and the item be re-bid. Councilman Lnenicka seconded the motion. Motion was approved 7-0. CONSENT AGENDA: .. (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) *(K) Approval of January 4, 1999 Minutes Approval to Renew Jonquil Festival Contract - JRM Management Services, Inc. Approval to Request Bids - Water Meter Unit Pricing - Public Works Department Approval to Request Bids - Public Works Information Software Approval to Request Bids - Box Dump Truck - Unit 13 - Public Works Department Approval to Request Bids - Wood Valley Drive Storm Sewer Replacement Approval of Amendment to FY 1999 One Percent Road Improvement Budget Approval to Request Bids - Painting the Interior of the Library Approval to Request Bids - Replacement Carpet for Library (First Floor) Approval to Advertise for Abandonment and Closure of Quarles Avenue Approval to Use the Council Chambers - Thursday, January 28, 1999 - 5:30 - 8:30 p.m. for a Ward 6 Meeting - Vinings Forest Homeowners Association Meeting Councilman Lnenicka made a motion to suspend the rules for the purpose of adding an item to the Consent Agenda. Councilman Wood seconded the motion. Motion was approved 7-0. Councilman Lnenicka made a motion that Item (K) - Approval to Use the Council Chambers on Thursday, January 28, 1999, from 5:30 - 8:30 p.m. - Ward 6 Meeting (Vinings Forest Homeowners Association Meeting) be added to the Consent Agenda. Councilman Wood seconded the motion. Motion was approved 7-0. -- Councilman Hawkins made a motion to approve the Consent Agenda (Items A through K). Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood stated there is no report from the Human Resources Department this evening. Councilman Lnenicka stated there is no report from the Finance Department this evening. Councilman Lnenicka stated he had received a copy of a plan that was filed on Friday with the city for a proposed shopping center on Atlanta Road. He stated the center would start with the first parcel south of the Exxon Station at Atlanta Road and Spring Road and go south to and include Trinity Baptist Church. He stated he thought there were at least seven separate parcels and there is a sign posted on one of the parcels. He further stated he has asked the Mayor and Carol Cowan of the Community Development Department, to see about posting a sign on each of the seven parcels that are included in the rezoning that is being requested. Mr. Lnenicka stated the plans are very brief and he does not have any additional information pertaining to style, architecture, tenants, square footages or operating hours. He stated this proposal will be heard before the Planning and Zoning Board on January 25, 1999, at 6:00 p.m. and encouraged all interested persons to attend the meeting and the item would come before council at one of the February meetings. -- Councilman Cramer stated the Veterans Memorial Committee met recently and stated he hopes the February meeting will be well attended. Councilman Hawkins stated Item 7 -J on the Consent Agenda is the advertising for the abandonment and closing of Quarles Avenue and will be heard at the February 15, 1999, council meeting. Councilman Hawkins asked Ann Kirk for a report from the Keep Smyrna Beautiful Department. Ms. Kirk reported the "Bring One for the Chipper" event on January 9 was very successful and thanked all the volunteers for their efforts. Ms. Kirk reported almost 1400 trees January 19, 1999, meeting - continued were chipped; 200 cars came through; 400 seedlings were given away; and in total 1700 trees were processed through that site. Ms. Kirk thanked the Mrs. Winner's Chicken for providing free beverages for the volunteers for the entire day. Ms. Kirk reported the" Adopt A Mile" program is scheduled for this Saturday, weather permitting. Ms. Kirk reported the statistics for 1998 as follows: over 1,000 volunteers gave over 9,101 hours at a value of $63,093 to the city; 6200 of those hours were court-ordered community service hours; 54 presentations were given to students, civic groups, conferences, youth groups and the public on litter and solid waste issues. She further stated the patronage at the Recycling Center increased from 28 per day to 31 per day and the combined drop-off and curb-side recycling for 1998 totaled 1746 tons saving the city $52,153 in tipping fees. Ms. Kirk thanked the citizens who volunteered this past year as well as the Mayor/Council and department heads. Councilman Hawkins stated there is no report from the Public Works Department or the City Engineer this evening. ..." Councilman Hawkins asked Carol Cowan for a report from the Community Development Department. Mr. Hawkins noted that Robin Broyles, Director of Community Development, is absent this evening due to illness. Ms. Cowan reported the statistics from 1998 as follows: for the month of December, year end, 898 building permits over last year's 537; estimated construction cost - closed out 1998 with $126,375,000 compared to $69,500,000 last year; the estimated cost of construction for 1998 was 45 % over 1997; building permit costs for 1998 was $472,636 compared to $329,675 for the previous year which is a 30% increase over 1997. Councilman Lnenicka asked Ms. Cowan about the number of inspections scheduled for tomorrow and Ms. Cowan responded there are 150 - 200 inspections scheduled. Councilman Scoggins asked Maryclaire Andres for a report from the Community Relations Department. Ms. Andres stated she is currently working on the Annual Report which will be available at city hall in March; in the process of completing the 1999 Calendar of Special Events that will be available within the next two weeks at city hall; Smyrna's first night of comedy featuring Jerry Farber on March 26, 1999, from 7-9 p.m. at the Community Center with all proceeds benefiting the Campbell High School music and drama departments. Ms. Andres stated tickets will be available at City Hall the first week of February. Ms. Andres reported the Miss Jonquil Pageant is scheduled for February 28 at the Galleria Specialty Mall beginning at 2:00 p.m. Ms. Andres reported the Smyrna Recipe Book now has over 200 recipes and should be ready for sale the first week of April. .... Councilman Scoggins asked Mike Seigler for a report from the Library. Mr. Seigler reported on the statistics for the library for 1998. Mr. Seigler stated 150,370 items were checked out of the library during 1998; 191,124 people visited the library; 4,367 children attended the different children's programs. Mr. Seigler reported on the following displays and exhibits currently at the library: Barbara Swindell is exhibiting her paintings and photography; Sherry Cameron is displaying auto memorabilia; the Friends of the Library will have their general meeting on Thursday evening and the public is invited to attend. Mr. Seigler stated Mr. Steve Rand, Director of the Senior Oasis Program at Emory, will be the speaker. Councilman Scoggins stated there is no report from the Parks and Recreation Department this evening. Councilman Newcomb noted for the record that Chief Hook is out of town and then asked Chief Williams for a report from the Fire Department. Chief Williams reported the call volume for the fire department is up 6.7% with almost 4,000 emergency calls being received by his department; response time for the Fire Department is now the best in the State - 3.21 minutes. He further stated that in 91.9 % of the calls his department arrives on the scene in five minutes or less; in 79% of the calls, they arrive in 4 minutes or less and in 61 % of the calls they arrive in 3 minutes or less. Chief Williams reported the trend on the dollar loss due to fires falls right along the curve with the number of calls - and the fire loss this year was $707,000 for the year which is considerably less than in previous years. Councilman Newcomb announced the next burn day is scheduled for February 6 with a rain date of February 13. ...., Councilman Newcomb asked Melinda Dameron for a report from the Court Services Department. Ms. Dameron reported there was a total number of cases on the docket of 26,299 which is actually down 17% from last year; 10,228 cases were completed which is 25% less than in 1997; 346 cases were bound over to Cobb County State Court; total collected fines and forfeitures was $2,294,000 which is down 17% from last year. Ms. Dameron reported that Probation was begun by the City on October I, 1998, and took over the supervision of 971 January 19, 1999, meeting - continued active cases and since that time 204 cases have been added during the last quarter of the year; 217 cases have been cleared; current case load is 958. Ms. Dameron reported that last year the Probation Officers collected $917,811 dollars, which is an increase of about 18 % from 1997. Councilman Newcomb commended Ms. Dameron and her staff for the work they perform. Councilman Newcomb announced there will be a meeting this Thursday evening at 7:00 p.m. in the Cobb County Board of Commissioner's meeting room concerning the trail project from Kennesaw Mountain down to the Chattahoochee River and will eventually go all the way to Stone Mountain. - Councilwoman Capilouto stated she received a call from Darlene Davidson, who is directing a skit for the family night at the Community Center. Ms. Capilouto stated she has been asked to participate in the skit and then challenged each and every council member to participate in the skit with her. ADJOURNMENT aJ~~~ tC1-tlhfAM- MELINDA DAMERON, CITY CLERK (' hAA).lI~i.- C r*f~~~-~-\~.~ J~ CHARLENE CAPILOUT , WARD 1 RON NEWCOMB, WARD 2 .. ~~~ . L SCOGGINS, W D 3 /' CK CRAMER, WARD 5 i:J4d ..