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October 19, 1998 Council Meeting . October 19, 1998 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 except Pete Wood who was out of town. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Assistant Fire Chief Jimmy Bivens, Finance Director Claudia Edgar, Public WOJks Director Scott Stokes, Lieutenant Mike Brown of the Police Department, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Coordinator Ann Kirk, Personnel Officer Jay Joseph, City Engineer Ken Hildebrandt, Community Development Director Robin Broyles and representatives of the press. ... Invocation was given by Reverend George Ganey, Smyrna Presbyterian Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized the following political candidates who asked for the support of, the citizens of Smyrna in the upcoming November 3, 1998, election. Senator Paul Coverdell, State Representative Randy Sauder, Jeanette Gall, candidate for School Board, Mike Smith, candidate for the District 35 State House District, Curt Johnston, candidate for School Board, and Mike Todd, candidate for Senate District 32. PUBLIC HEARINGS: (A) Zoning Amendment - Mill Pond Road (7.62 Acres) To Change Street Layout Mayor Bacon stated the city has received a letter requesting this item be tabled. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to comment J:>n this request. There was none. ... Councilman Hawkins stated he had a letter from Travis Pruitt and Associates, P.c. requesting that the hearing scheduled tonight be tabled until the next council meeting. Councilman Hawkins further stated that in their conversations with Councilman Wood concerning the proposed amendments, Councilman Wood suggested he thought the plans should go back before the Planning and Zoning Board for their review and comment before being presented to the Council. Councilman Hawkins then made a motion that this request for a zoning amendment for Mill Pond Road (7.62 acres) be tabled to the November 2, 1998, meeting and referred back to the Planning and Zoning Board. Councilman Scoggins seconded the motion. Motion was approved 6-0 (Councilman Wood was absent). (B) Alcoholic Beverage License Request - Agent Change - Sumner Suites Galleria - 2876 Springhill Parkway Mr. Smith stated this request is for an agent change only and Linda Leah Mitchell will be the agent for Sumner Suites Galleria. Mr. Smith further stated Ms. Mitchell resides at 3281 Beechwood Drive, Marietta, and the police department investigation revealed nothing that would preclude the issuance of this license to her. Mr. Smith stated Ms. Mitchell has been given a copy of the business license ordinance and it has been reviewed with her by the business license officer. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to make any comment or are in opposition to the granting of this license request. There was none. ... Councilwoman Capilouto asked Ms. Mitchell how long she has been at the Sumner Suites Galleria and Ms. Mitchell responded since August 9, 1998. Ms. Capilouto asked Ms. Mitchell if she has ever previously held a license and she responded no. Ms. Capilouto asked Ms. Mitchell how she plans to train her employees and she responded they have the required documents from the city for their review that deals with the handling of and sale of alcoholic beverages. Ms. Mitchell stated they have only one bartender and she has the card stating she has reviewed everything and has paid her permit fees and she will be the sole distributor at the hotel. Ms. Capilouto asked if the bartender will also be serving the alcohol and Ms. Mitchell responded yes. Ms. Capilouto asked what hours the bar is open and Ms. Mitchell responded from 5 p.m. - 11 p.m. (Monday through Saturday). Ms. Capilouto asked who fills in for the bartender in the event of illness or absence from work and Ms. Mitchell stated there is an employee who works the front desk that was previously the bartender. Ms. Mitchell continued October 19, 1998, meeting - continued by saying that employee has her permit to serve alcohol. Ms. Capilouto asked Ms. Mitchell if she understands the alcohol beverage license and she responded she did. Mayor Bacon asked Ms. Mitchell if this is for the convenience of the guests of the hotel and she responded that was correct. Councilwoman Capilouto stated the police department investigation revealed nothing that would preclude the issuance of this license to Ms. Mitchell. Councilwoman Capilouto made a motion that Linda Leah Mitchell, Sumner Suites Galleria, 2876 Springhill Parkway, be approved as the agent for the retail-pouring license. Councilman Newcomb seconded the motion. Councilman Newcomb seconded the motion. Motion was approved 6-0 (Councilman Wood was absent). FORMAL BUSINESS: ...., (A) Appointments to Veterans Memorial Committee (Mayor and Council) Councilman Cramer, chairman of the Veterans Memorial Committee, stated the city has been discussing the formation of this committee for a number of years. Councilman Cramer stated he, Wade Lnenicka and Pete Wood serve on this committee and it is the intent of the committee to honor the veterans of Smyrna and the surrounding area. He further stated this committee is the preliminary beginning of the foundation for the veterans' memorial. Mr. Cramer stated the American Legion Post 160 has been contacted and they are very excited about this project. The appointees are as follows: Ward 1 Ward 2 Ward 3 Al Cochran Deferred to the November 2, 1998 meeting Willard King Martin Cantrell Ron Davis Mark Curtis Dewey Howard Carlton R. Dameron Jim Douthitt Randy Sauder Charles Tanksley Arthur L. Crowe, Jr. Michael Cahill Tim and Abbigail Gunther Harold Smith Watson Petty Miller Davis Max Parnell Ken Turner Joe Lattanzi Henry Westbrook ...., Ward 4 Ward 5 Ward 6 Ward 7 Mayor's Appointees: Councilman Scoggins made a motion that the names submitted above be approved to serve on the Veterans Memorial Committee. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilman Wood was absent). (B) Ordinance Amendment - Chapter 106 - Tree Preservation Ordinance Councilman Hawkins stated the Community Development staff has been meeting with the Cobb County staff in reviewing several different things pertaining with community development issues. He stated one of the things they have been jointly working on with the County is improving the requirements for tree density on grading sites. Mr. Hawkins stated the revisions to the existing ordinance are minor and stated he believes the committee should continue looking at the ordinance in the hopes of inserting site requirements that will prohibit companies from table grading. Mr. Hawkins stated the ordinance amendments proposed tonight deal with Section 106-44 (density requirements) to increase the density from 15 units per acre to 20 units per acre and places a minimum requirement of tree size (no smaller than two inches in diameter). Councilman Hawkins made a motion that the ordinance amendment to Chapter 106, Section 44, be approved. Councilman Newcomb seconded the motion. Motion was approved 6-0 (Councilman Wood was absent). ...., October 19, 1998, meeting - continued COMMERCIAL BUILDING PERMITS: (A) Henrico, MK, LLC - Construction of a 2,982 Square Foot AMOCO Gasoline Convenience Store - 469 Windy Hill Road Councilman Cramer made a motion the building permit for Henrico, MK, LLC, for the construction of a 2,982 square foot Amoco Gasoline Convenience Store at 469 Windy Hill Road be approved. Councilman Cramer stated the estimated cost of construction will be $350,000. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Councilman Wood was absent). .... (B) John L. Hunter Construction - Construction of a 6,000 Square Foot Retail Store and Garage - Gordy Tire Company - 900 Windy Hill Road Councilman Cramer made a motion that the building permit for John L. Hunter Construction Company for the construction of a 6,000 square foot retail store and garage, Gordy Tire Company, at 900 Windy Hill Road, be approved. Councilman Cramer stated the estimated cost of construction is $300,000. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Councilman Wood was absent). BID AWARDS: (A) Bid Award (Bid #98070) - Demolition of Fire Training Building Councilman Hawkins stated eleven bids were solicited with six responses. Mr. Hawkins stated the Public Works Committee and staff reviewed the bids and it is their recommendation to award the bid to the low bidder meeting specifications, Southern Environmental Services. Councilman Hawkins made a motion that the bid for the demolition of the fire training building be awarded to Southern Environmental Services, Inc., for a total cost of $19,278. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilman Wood was absent). (B) Bid Award (Bid #98073) - Extension of 12" Water Main to Bentley Park Subdivision on Concord Road .. Councilman Hawkins stated six bids were solicited with four responses. Mr. Hawkins stated the Public Works Committee and staff reviewed the bids and it is their recommendation to award the bid to the low bidder meeting specifications, Miller Davis Contracting. Councilman Hawkins made a motion to award the bid for the extension of a 12" water main to Bentley Park Subdivision on Concord Road to Miller Davis Contracting for a total price of $28,000. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilman Wood was absent). Councilman Newcomb made a motion to suspend the rules for the purpose of adding an item to the bid award portion of the agenda. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilman Wood was absent). (C) Purchase of Three Rifles - Police Department (see above) .. Councilman Newcomb stated this item will authorize the Police Department to purchase three rifles. Councilman Newcomb stated four bids were received and the Police Committee recommends the bid be awarded to Smyrna Police Distributors, the low bidder. Mr. Newcomb stated the best price can be achieved by trading in confiscated weapons as well as out of service weapons. Acting Assistant Police Chief Mike Brown stated these are highly sophisticated weapons and will have very limited use. Mr. Brown further stated the three officers to whom the rifles will be assigned have been selected based upon their excellent service with the Police Department, steady credibility, performance ratings, ability to use their issued sidearm and attendance at a school this past August. Mr. Brown stated the police department is establishing a set of policies and procedures for exactly at what point in time that any of these three officers, or a combination of the three officers, would be deployed. Mr. Brown further stated that will be done by a written policy and procedure and done so at the request of either himself or the Chief of Police. Mr. Brown stated these officers will be assigned these weapons individually so that they are always familiarized with the use of a specific weapon and they will keep the weapon with them. He stated the weapons will not be in use, as far as field operations, until the policies and procedures have been completely written and will be in use for training purpose only until that time. Councilman Newcomb made a motion to authorize the purchase of three October 19, 1998, meeting - continued counter-sniper rifles from Smyrna Police Distributors and authorize the trade in of the confiscated weapons and out of service weapons as an offset against the total purchase price which will be $759 that will come out of MCS monies. Councilman Cramer seconded the motion. Councilman Lnenicka stated he would like to ask Councilman Newcomb and Lt. Brown three things. Mr. Lnenicka asked that as they proceed with their budget for next year to make sure that the city has funded adequate amount of training ammunition for the weapons. He further stated he feels it is important that the officers' time is budgeted to allow for training and make sure the policies and procedures are developed and the right officers are selected for this task. Motion was approved 6-0 (Councilman Wood was absent). CONSENT AGENDA: (A) Approval of October 5, 1998, Minutes (B) Approval to Use Council Chambers - Tuesday, October 27, 1998 - 6:30 - 9:00 p.m. - Wynridge Drive and Ridge Road Homeowners Meeting (C) Approval to Transfer Funds From Contingency - Van for Transporting Community Service Workers (D) Approval to Ratify Agreement with Cobb County for the Payment of 1998 Road Tax Revenue *(E) Approval to Relocate Sign at Lake Park Drive """" *Councilman Hawkins made a motion to suspend the rules for the purpose of adding an item to the Consent Agenda. Councilman Newcomb seconded the motion. Motion was approved 6-0 (Councilman Wood was absent). Councilman Hawkins made a motion to add item (E) Approval to Relocate Sign at Lake Park Drive. Councilman Newcomb seconded the motion. Motion was approved 6-0 (Councilman Wood was absent). Councilman Hawkins stated the purpose of adding this item to the agenda is to authorize Peach State Grading to relocate a granite sign that belongs to one of the office buildings on Lake Park Drive and weighs 27,000 pounds. He stated the city has an on-going project at Lake Park Drive to realign two intersections for safety purposes and the granite sign will have to be relocated. He stated the cost is estimated at $20,000 and will be funded from the 1 % Local Option Sales Tax. """" Councilman Lnenicka made a motion to approve the amended Consent Agenda. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilman Wood was absent). COMMITTEE REPORTS: There was no report from Councilwoman Capilouto this evening. Councilman Newcomb stated there was no report from Court Services or the Fire Department this evening and then asked Lt. Brown for a report from the Police Department. Lt. Brown reported the recent reorganization is working very well. Lt. Brown reported on their recent participation in the Drug and Alcohol Awareness Day, a countywide project, with the Cobb County Middle Schools, and stated it was very successful. Lt. Brown further stated the department continues to participate in the GREAT (Gang Recognition Education Awareness Training) at Campbell Middle School. Lt. Brown stated a fourth zone (area south of Cooper Lake Road going toward 1-285, going out Highlands Parkway) was added to the city's police operations on October 13. Lt. Brown reported the STEP recently participated in the Georgia Strap and Snap program. Councilman Newcomb read a letter of appreciation to the Smyrna Fire Department from a resident who recently called 911 and received a response in three minutes. Councilman Scoggins asked Michael Seigler for a report from the Library. Mr. Seigler reported on the statistics for September. Mr. Seigler reported 12,126 items were circulated; 14,013 persons visited the library; 1560 reference questions were answered; 30,747 Internet sites; and registered 357 persons for library cards. Mr. Seigler stated the Library will be hosting a puppetry workshop tomorrow; Friends of the Library will be having a book sale this weekend in conjunction with the Jonquil Festival. Mr. Seigler thanked everyone involved with the Mystery Dinner Theater for making it such a successful event. """" October 19, 1998, meeting - continued Councilman Scoggins asked Steve Ciaccio for a report from the Parks and Recreation Department. Mr. Ciaccio reported there is a constitutional amendment proposed on the November 3 ballot and encouraged everyone to vote their conviction on that amendment. Mr. Ciaccio reported his department is starting a Parks Volunteer Program known as Partnerships for Parks and encouraged interested persons to attend one of the meetings scheduled for O~tober 22 (7:00 p.m.), October 27 (10:00 a.m.) and October 28 (7:00 p.m.). Mr. Ciaccio stated the Tolleson multi-purpose building is close to completion. Councilman Scoggins read a report of upcoming events planned by the Community Relations Department. .. Councilman Hawkins read a resolution endorsing the purchase and use of recycled paper products. Mr. Hawkins asked that this item be placed on the agenda for the November 2, 1998, council meeting. .... Councilman Hawkins asked Ann Kirk for a report from the Keep Smyrna Beautiful Department. Ms. Kirk reported the Adopt-a-Mile event this past weekend was successful and 92 volunteers contributed 134 hours and cleaned up 17 miles. Ms. Kirk expressed her appreciation to all those who participated and further stated two new groups were signed up for the program. Ms. Kirk reported on an insert from BPI concerning the recycling program that was in the recent water bill. Ms. Kirk reported the changes will go into effect November 1, 1998. Ms. Kirk stated the changes apply to bulk mail and the acceptance of plastic containers #1 and #2. Ms. Kirk further stated citizens should call BFI directly with questions, concerns and problems with the recycling program. Ms. Kirk stated the" Smyrna Clean Sweep" newsletter is out and is available at the Library, Community Center and City Hall. Ms. Kirk stated jonquil bulbs will be available for a donation (50 bulbs for $10) at Burger's Farm Market, Reeves Garden Shop, Recycling Center and also at the Jonquil Festival this weekend. Ms. Kirk displayed the "Keep Smyrna Bootiful" litter bags that will be available at the community center during the Halloween Carnival. Ms. Kirk reported she had received a newsletter from the Army Corps of Engineers concerning the water sharing agreement between Alabama, Florida and Georgia. She further stated this is a federally mandated agreement that must be ratified soon or the city will lose some federal permitting and grants abilities. Ms. Kirk stated there will be a meeting on November 18 at Kennesaw State University in the gym and encouraged interested persons to call her office. Ms. Kirk reported that the family of Anne Bishop, former Keep Smyrna Beautiful member, hosted a memorial/dedication ceremony this past weekend. Councilman Hawkins asked Scott Stokes for a report from the Public Works Department. Mr. Stokes reported the revised sanitation schedule has been mailed. Mr. Stokes reported there was leaf vacuum explanation included in themail-out.Mr . Stokes reported they are currently grinding new mulch and wood chips and announced that is free material delivered free to any citizen requesting it. Mr. Stokes reported they have had five water main breaks within the last two weeks. Councilman Hawkins asked Robin Broyles for a report from the Community Development Department. Mr. Broyles reported on the permit numbers for September as follows: estimated construction costs last year were $56,587,000 and so far the year-to-date costs is $74,975,000; actual permit costs last year was $278,600 and this year $257,400. Councilman Hawkins commended the Community Development Department for their good work. Mr. Howard Smith stated he and Robin Broyles will be attending the County Commission meeting tomorrow as the proposed Oakdale Road rezoning request is scheduled on their agenda. Councilman Cramer reported he recently hosted aWard 5 meeting and thanked the Mayor and city staff for attending the meeting. .. Councilman Lnenicka asked Claudia Edgar for a report from the Finance Department. Ms. Edgar stated the 1998 Fiscal Year Audit has been completed and went to print today. Ms. Edgar stated the city is in good financial condition and Brett McClung and Rick Hartley of Anderson Hunt and Company will be attending the November 16 council meeting to give a short presentation about the audit. Ms. Edgar reminded the citizens of the November 20 deadline for payment of their property taxes. Councilman Lnenicka stated he received a call from a citizen who was upset about speeders in residential neighborhoods. Mr. Lnenicka stated a pet was run over and killed by a speeder in October 19, 1998, meeting - continued ';;'\-b - - her neighborhood and the citizen also visited with Lt. Mike Brown. Councilman Lnenicka . urged the citizens to slow down and drive carefully. Councilman Lnenicka commented on the Veterans Memorial appointees and the committee. Mr. Lnenicka stated he wanted to note that the City of Smyrna has partnered with the American Legion Post 160 and they have also appointed a committee to work with the council. He stated their appointments are Frank McCloud, Frank Beckley and Tom Greenwood. Councilman Lnenicka commented on the proposed rezoning on Oakdale Road that will be heard by the Cobb County Board of Commissioners on Tuesday, October 20. Mr. Lnenicka stated the city understands the original proposal is going forward with a proposed density of almost 6 units/acre. He stated the city will be closely watching this to see what happens and feels the city will be making some decisions about the agreement with the County based on this issue. He states the city supports the residents of Oakdale in their opposition to this proposed rezonmg. - Mayor Bacon stated Jay Joseph, Personnel Officer, had no report this evening. Mayor Bacon congratulated Sara Curtis, daughter of Mark and Claire Curtis, for being selected as Campbell High School Homecoming Queen last Friday night. Mayor Bacon stated he had visited Nickajack Elementary School this morning and presented them with a proclamation honoring "Character Counts" week. Mayor Bacon encouraged everyone to vote in the upcoming election. Mayor Bacon recognized Frank Bradford who encouraged everyone to vote in the November 3 election. ADJOURNMENT With no further business, the meeting adjourned at 9: 17 p.m. d ~ MELINDA DAMERON, CITY CLERK ~ 0J\hrr\J Qc L1v~~ CHARLENE CAPILoui~w ARD 1 ~' ~~U/~ CHARLES PETE WOOD, WARD 7 ...., ~~w RON NEWCOMB, WARD 2 ....