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April 21, 1997 Council Meeting April 21, 1997 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, Assistant Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Human Resources Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Robin Broyles, Community Relations Director Maryclaire Andres, and representatives of the press. ... Invocation was given by Reverend Richard Hemphill, Trinity Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Representative Frank Bradford. Representative Bradford stated he felt the legislative session was rewarding and expressed his appreciation to the voters for allowing him to serve as their representative for District 30. Mayor Bacon recognized David Martin, coach of the Smyrna Athletic Association (9 and 10 year old division) Girls Basketball team. Mr. Martin stated his team won State Runner Up in the Region All Star Tournament recently. He recognized the girls individually and Mayor Bacon presented each girl with a City of Smyrna lapel pin and congratulated them on their achievement. Coach Martin and one of the players presented the trophy to Steve Ciaccio for display in the trophy case at the Community Center. Mayor Bacon recognized Steven Rogers, President of the West Smyrna Soccer Association. Mr. Rogers read a letter from the association in appreciation to the city for their efforts on behalf of the Soccer Association. Mr. Rogers then presented a $2,000 check to the Parks and Recreation Department and expressed his hopes that the property at Jonquil Park will be developed into a playing field for soccer for the under six age group soccer teams. He also requested that Jonquil Park be turned into a soccer facility exclusively. Mayor Bacon accepted the check on behalf of the city and stated it would be used for soccer purposes only. He further stated that no plans have been finalized for the Jonquil Park property. ... Mayor Bacon recognized Ray Scibba, Jr., 1108 Fleming Street. Mr. Scibba stated he was speaking on behalf of the residents of Fleming, Hughes and Grady Streets. He stated they met several months ago concerning the road widening project currently under way on Fleming Street. He stated the residents recently submitted a petition in favor of having Grady and Hughes Street sealed off from Fleming Street. Mr. Scibba stated they had recently been advised there is a possibility that more of a neighbor's property might be taken if a cui de sac or dead-end was put in at the end of Grady Street. Councilman Hawkins sated the city would not be taking any more property than what had been acquired. He further stated the city engineer had talked with the resident in question to look at the viability of putting in a turn-around since Hughes Street would have another outlet going up Hili Street. Mr. Hildebrandt did talk to the resident and asked her if she would be willing to sell part of her side yard to the city. Originally the resident had no problem with that but called back the next day and stated she would not be interested in selling her property. Mr. Hawkins stated that issue is now closed. ... Mayor Bacon recognized Jonathan Murphy, 1160 Hill Street. Mr. Murphy asked about the plans for Hill Street and how the plans would affect the Belmont Hills Elementary School bus routes. Mayor Bacon stated he did not feel anyone on council could answer the question about the routing of buses and suggested he should check with the Cobb County School Board on that issue. Mr. Murphy then asked if Hughes Street is still going to be closed off. Mr. Hawkins responded Hughes Street wili be closed off but nothing would be done to Hill Street. Mr. Hawkins stated he hopes there will be some type of visual buffer, greenery, at that end of the street. Mr. Hawkins stated he could not answer the question about the bus routes. Mr. Hawkins stated it is his understanding that the buses will be traveling Fleming Street with automobile traffic entering the school (new Campbell High School location) from front. Mr. Murphy then asked what the procedure is for requesting speed humps for his street. Mayor Bacon stated the residents need to submit a petition with a majority of the homeowners requesting the speed humps. Mayor Bacon recognized Deborah Strater, Fleming Street. Ms. Strater asked if speed humps for Fleming Street have been discussed to keep the student traffic to minimum speed. Mayor Bacon stated that is in the city's jurisdiction and if a petition is submitted and it is the recommendation of the city engineer, speed humps could be installed. Mayor Bacon recognized C. K. Panter, 1084 Fleming Street. Mr. Panter asked about the closure of Fleming April 21) 1997, meetine - continued and Grady Streets where they intersect and if that will be a turn around. He stated he had heard that had been changed to Powder Springs Street and wondered about the plans. Councilman Hawkins responded if that change had been made, he was not aware of it. He further indicated the plans call for condemnation of the two houses on the right hand side of Fleming Street to be the start of the turn around and it should not come across Fleming Street at all. He also stated the woman who lived in the third house felt that since the road was so close and the turn around would be in her side yard that she requested the County condemn her property. Mr. Hawkins stated the County did condemn that property. He indicated the turn around would be where the last two houses were located. Mayor Bacon recognized Donna Short, 2616 Hughes Street. Ms. Short asked if any of the area surrounding the condemned property could be left as green space and if it would be possible to build a tennis court at that location. Mr. Hawkins stated he would pass this request on to Commissioner Joe Lee Thompson but suggested she call him herself. ...., Mayor Bacon recognized Jerry Katz, merchant located on Atlanta Road. Mr. Katz asked about the process for forming a Downtown Smyrna Business Association. He further stated there is a need and feels it would be beneficial to the merchants. Mr. Hawkins responded the Smyrna Business Association was formed on its own and is not sponsored by the City. He further stated he feels such an association could be formed by filing the necessary paperwork with the State of Georgia. Mr. Hawkins suggested Mr. Katz contact the Smyrna Business Association and talk with them about the possibility having a Downtown Smyrna Business Association in conjunction with SBA. Mayor Bacon suggested Mr. Katz becoming actively in the SBA and felt the benefits would be greater by joining the SBA as opposed to developing a separate Downtown Smyrna Business Association. Mayor Bacon stated the city works with the Cobb Chamber of Commerce and the SBA and feels the creation of a third business association might be too many to deal with. Mr. Katz asked about the possibility of using the old police annex building as an artistic studio. Mayor Bacon stated once the Police Department moves into the new facility in July, sometime shortly thereafter, the old police building, city hall and police annex building will be leveled. He further indicated part of the property will be used for retail development and some for a parking lot. Mayor Bacon stated Stan Thomas, Thomas Enterprises, has the option to purchase certain properties in that ...." area and any building in that area will have to be brought up to standards. Mayor Bacon recognized Harrison Osterhoudt, 3255 Ann Road. Mr. Osterhoudt stated on Friday, April 4, he had branches and leaves that he wanted to burn. He stated he called the Fire Department to obtain permission to burn and was told he could only burn trash on Saturdays in April. He stated he was not happy about that. Mayor Bacon stated the city does provide leaf vacuum service during the months of October through February to help people remove leaves from their property. Mayor Bacon recognized Margaret Clark, 2649 Grady Street. Mrs. Clark asked why the city allowed the County and the Board of Education come in and take homes in order to widen Fleming Street. She indicated Fleming Street was a city street and she did not feel the County should have been allowed to come in a widen the road. Mayor Bacon stated this was a County project and was funded through the 1 % Road Tax and through the Cobb County Board of Commissioners. Mr. Hawkins stated he was first approached by Commissioner Thompson who was representing the School Board and later by Anne Brady, School Board representative, about the proposed road widening. Mr. Hawkins stated by widening Fleming Street, there would be a straight road into the back of the school and would also minimize the traffic on Ward Street. Mr. Hawkins said he was unaware of an alleyway between the current school (Wills High School) building to Powder Springs Street. Mr. Hawkins stated that route had been examined, however, for traffic purposes it would be better to have the traffic flow from the four-Ianed Atlanta Road onto a widened Fleming Street straight into the school. Mr. Hawkins stated there will be a nice marquis-type sign on Atlanta Road directing people to the school. Mr. Hawkins stated he had asked Commissioner Thompson to be sure and hold a public meeting before any action was taken with the plans. He stated such a meeting was held with the residents affected even though Mr. Thompson was not in attendance at the meeting. Mr. Thompson stated he would meet with individual residents but not with the group as he felt the plans were too far advanced for that. Mayor Bacon stated he was under the impression the road would be built with or without the city's approval. Mrs. Clark expressed her concern with the new school's location when there are no children living in the surrounding area. Mayor Bacon stated the concerns expressed should be addressed with the Cobb County School Board. ...., Mayor Bacon recognized Jonathan Murphy. Mr. Murphy stated he is extending an invitation to all listeners from the Belmont Hills Elementary School PTA. He stated they are building a retaining wall on May 3 at April 21) 1997, meetine - continued the school for the new playground at Belmont Hills being built on May 10. He stated they are asking for volunteers to help with that work. He also extended an invitation to Mayor Bacon to attend the ribbon cutting ceremony on May 12. fllBTJC HEARINGS' (A) Variance Request - 1024 Oakdale Drive - Reduce Front Yard Setback from 40 Feet to 30 Feet -- Mr. Smith stated the applicant, W. A. Henson, is requesting this variance to build a porch to protect him from the elements. He stated in his application this will help him as a senior citizen during inclement weather. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Hawkins asked Mr. Henson to explain why he wants to build a porch. Mr. Henson stated he and his wife are senior citizens and during bad weather they have to get out of their car and walk up a walkway and in really bad weather the walkway is slippery. He further stated he would like to build a porch with a roof on the front of his home to make it safer for him and his wife to enter their home. He stated he also would like a place to put a rocking chair. Mr. Hawkins stated the variance only affects the front yard of the property and no side neighbors had to be notified. Mr. Hawkins stated he has spoken with one of Mr. Henson's neighbors and that neighbor had no objections to the applicant's request. Councilman Hawkins made a motion that the variance request at 1024 Oakdale Drive to reduce the front yard setback from 40 feet to 30 feet be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Variance request at 3130 Atlanta Road to Increase Sign Square Footage from 32 Feet to 88 Feet Mr. Smith stated the Smyrna Presbyterian Church is requesting the variance due to the new sign ordinance. He further stated this size sign requires a variance under the new overlay district for Atlanta Road. Mr. Smith ... also stated this sign will replace the two existing signs on the property that currently face Atlanta Road. Mayor Bacon asked Park Jeans, the church secretary to come forward. Mayor Bacon announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. ... Councilman Lnenicka stated he has received no calls from the surrounding residents in opposition to this variance request. Mr. Lnenicka asked Mr. Jeans to explain what they want to do and why. Mr. Jeans stated the church currently has two signs on the Atlanta Road Corridor. He stated one is a back-lit message sign and the other is a brick structure type sign. Mr. Jeans stated they would like to remove both those signs and erect a sign that would be more in keeping with the city's beautification project along that corridor. Mr. Jeans stated this sign will be somewhat larger and will be moved farther back off the city right of way. Mr. Lnenicka asked if the sign will be built and colored to match the existing color of the church. Mr. Jeans responded that was correct and it is basically a pre-cast concrete sign which will be placed on a footer. He stated the sign will have the coloration of the brick of the church. Mr. Lnenicka asked about the letter style on the sign and Mr. Parks responded they will be pre-cast in the concrete and almost like a stain. Mr. Lnenicka asked if the church planned to save the bell that is part of one of the existing signs. Mr. Jeans responded they do hope to preserve the bell and place it on the existing brick barrier near the Collier Drive entrance. He stated they use this structure to block people from driving onto the school property during school hours (Covenant School). Mr. Lnenicka asked Mr. Jeans how long this sign has been in the works. Mr. Jeans stated construction of this sign began last summer. Mr. Lnenicka stated last year when the church came to the city to obtain the necessary permits for the construction of the sign, all the requirements were met. He further stated the church has reached a point where they are liable for several thousand dollars worth of expenses if this request is denied tonight. Councilman Lnenicka stated the new sign, which will replace two signs, will make an attractive opportunity to have a nicer looking sign in front of a church that does a great job in the community. Councilman Lnenicka explained the Atlanta Road Corridor Overlay District was adopted after the work on the sign began. According to Robin Broyles, this is the only sign permit that has come before his department prior to the adoption of the Atlanta Road Overlay District ordinance. Mayor Bacon stated if the new ordinance had not been adopted, the variance would not even be necessary. Councilman Lnenicka made a motion that the variance request at 3130 Atlanta Road to increase the sign square footage from 32 feet to 88 feet be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. April 21) 1997) meeting - continued (C) Alcoholic Beverage License Request (Retail Pouring Beer, Wine and Liquor) - Agent Change - Black-eyed Pea U.S.A. d/b/a Black-eyed Pea - 2590 Spring Road Mr. Smith stated Mr. Robert Schecter has applied to be the agent for the Black-eyed Pea Restaurant at 2590 Spring Road and has been given a copy of the Alcoholic Beverage Ordinance. Mr. Smith further stated the Police Department investigation revealed nothing that would preclude the issuance of this license to Mr. Schecter. Mayor Bacon asked Mr. Schecter to come forward. 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 none. Councilwoman Capilouto asked Mr. Schecter if he is the manager of the restaurant. Mr. Schecter responded that he was not, that he is employed by DenAmerica Corporation, and is just the agent for this establishment. Ms. Capilouto asked Mr. Schecter if he had read the Alcoholic Beverage Ordinance and if he understood the ordinance. Mr. Schecter responded yes. Ms. Capilouto asked Mr. Schecter if he would be responsible for training the employees in the restaurant and he responded he would not, that the managers are responsible for that training. Ms. Capilouto cautioned Mr. Schecter that the City of Smyrna does conduct sting operations. Ms. Capilouto stated the Black-eyed Pea Restaurants meets all the distance requirements of the city and this request is for an agent change only. Ms. Capilouto also stated the Police Department investigation revealed nothing that would preclude the issuance of this license request to Mr. Schecter. Councilwoman Capilouto made a motion that the agent change request for an alcoholic beverage license for the Black-eyed Pea Restaurant at 2590 Spring Road with Robert Schecter as the agent be approved. Councilman Scoggins seconded the motion. Councilman Newcomb asked Mr. Schecter if he is a manager. Mr. Schecter responded he is not a manager, he is the regional trainer for the east coast for DenAmerica Corporation. He stated he trains the managers and is responsible for management training for the east coast. Mayor Bacon asked who is the actual on-site manager for this location. Mr. Schecter did not respond. Mayor Bacon stated the way the ordinance is written, it requires that the manager should hold the license. He then asked if there is any reason why that manager is not applying as the agent. Mr. Schecter stated there is no reason why the manager is not here or applying to hold the license. He further stated in the restaurant business managers change frequently. He stated he has been with the company for a long time and currently holds the license for three or four other establishments in the State of Georgia as an agent. Councilman Hawkins asked Mr. Schecter how many stores he trains managers for and Mr. Schecter responded about thirty. He then asked Mr. Schecter how many licenses he holds as the agent. Mr. Schecter responded he holds the license for four establishments in different counties in the state. Mayor Bacon stated the city's ordinance requires the manager to be the license holder. Councilman Lnenicka stated since Mr. Schecter is the manager in charge of training, and training is one of the key things that the alcoholic beverage license holder is asked to do, whether that capacity, not necessarily manager on site, would meet the requirements. He further stated that the same situation exists with the E-Z Serve Stores where the manager is not an on-site manager but is responsible for alcoholic beverage compliance in all their stores. Ms. Capilouto stated she felt there were some problems with the ordinance. Mr. Hawkins stated he agreed. Mr. Hawkins stated the City of Smyrna is probably the only entity in the metro-Atlanta area that has the provision that the person has to be an on-site manager but only applies to restaurants. Mr. Schecter stated the previous license holder was a district manager and did not work on site. Mr. Hawkins stated when the original license was granted to the Black-eyed Pea the new ordinance was not in effect. Mr. Smith asked Mr. Schecter how often he would be in this location. Mr. Schecter responded at least twice a month. Mr. Lnenicka stated the main concern of the city is that the business operate a good restaurant, run a wholesome environment, not violate alcoholic beverage laws in any form or fashion. Mr. Schecter stated they have a very extensive training program for their managers - an eight week training program. He stated they also do training for all the bartenders and servers in the restaurants. Mr. Lnenicka stated the program is apparently successful because there have been no violations at that location and commended the management for the operation of the store. City Attorney Chuck Camp asked Mr. Schecter if he, as District Trainer, had any authority as licensee to enter the store and discipline any employees who are not performing their duties as required. Mr. Schecter responded he does have that authority. Mayor Bacon stated he felt the city should be consistent and that all applicants abide by the same rules. Councilman Newcomb stated that was also his concern. He stated he was surprised when Mr. Schecter stated he is not the manager. He stated he was concerned with the fact that Mr. Schecter would only be visiting this site twice a month. Mr. Schecter stated he has constant communication with the district supervisor/manager of that store and the other stores in the area. Mr. Newcomb asked Mr. Schecter if there was an on-site manager that would qualify to hold this license. Mr. Schecter responded he believed so. Councilwoman Capilouto asked Mr. Schecter what percentage of their sales are alcohol related. Mr. Schecter responded approximately 2.5% to 3%. Councilman Scoggins asked the City Attorney if in his legal opinion, Mr. Schecter qualified to hold the license for this establishment. Mr. Camp responded if Mr. Schecter has direct power to hire and fire employees who sell alcohol and supervises, that would qualify him. Mr. Scoggins asked Mr. Schecter if he could comply to that. Mr. Schecter responded he could. Councilwoman Capilouto repeated her motion to approve the agent change request for the Black-eyed Pea Restaurant at 2590 Spring Road with Mr. Robert ..... -- ..... .... ... ... April 2.1, 1997, meetinp; - continued Schecter as the agent. Councilman Scoggins had already seconded the motion. Motion was approved 6-1 with Ron Newcomb opposed. Mayor Bacon directed the Alcoholic Beverage License Committee to go back and review the ordinance so that the city does not have to struggle with whether or not an applicant is qualified to hold the license. (D) Alcoholic Beverage License Request - Retail Package - Beer Only - Agent Change - Five Points Food Store - 1649 Roswell Street Mr. Smith stated Mr. M. Yousaf Shaikh has applied to be the agent for the Five Points Food Store at 1649 Roswell Street. Mr. Smith stated Mr. Shaikh has been given a copy of the alcoholic beverage ordinance and the Police Department investigation revealed nothing that would preclude the issuance of this license request. 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 none. Councilman Scoggins asked Mr. Shaikh if he was aware the city conducts sting operations and Mr. Shaikh responded yes. Councilman Scoggins stated all qualifications for an agent change have been met and Mr. Shaikh is a resident of Cobb County and is an on-site employee. Councilman Scoggins made a motion the request for an agent change at Five Points Food Store at 1649 Roswell Street with Mr. Yousaf Shaikh as the agent be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (E) Alcoholic Beverage License Request - Retail Pouring of Beer, Wine and Liquor - T-Bonz Sports Grill - 3240 South Cobb Drive Mr. Smith stated this is a new application being requested by Mr. Terry W. Tucker. He further stated Mr. Tucker is a resident of Smyrna and the Police Department investigation revealed nothing that would preclude the issuance of this license to Mr. Tucker. 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 none. Councilman Hawkins asked Mr. Tucker if he had received and read the alcoholic beverage ordinance. Mr. Tucker responded yes. Mr. Hawkins asked Mr. Tucker if he is the sole owner of the T-Bonz Sports Grill and he responded no. Mr. Hawkins asked Mr. Tucker if he will be working on-site at this location and if he has a financial interest in the establishment. Mr. Tucker responded yes. Mr. Hawkins asked Mr. Tucker if he has ever held an alcoholic beverage license before and Mr. Tucker responded no. Councilman Hawkins advised Mr. Tucker on the importance of training his employees who will be serving alcohol. He also advised him the alcohol servers will have to come to the police department to be fingerprinted and to obtain a permit. He further stated the city does conduct on premise checks to be sure everyone is properly carded and no one is selling to underage patrons. Mr. Hawkins asked Mr. Tucker if he was planning to conduct training for his employees. Mr. Tucker stated he will be in charge of the training himself. Mr. Tucker stated they will have a variety of food on the menu and will serve lunch and dinner. Mr. Hawkins read into the record that the Police Department investigation revealed nothing that would preclude the issuance of this license request to Mr. Tucker. Councilman Lnenicka asked that Mr. Tucker pay close attention to any activities in the parking lot that might create a nuisance for the neighbors and Mr. Tucker responded he will. Mayor Bacon asked Mr. Tucker if the outside tables were still in front of the business location and Mr. Tucker responded yes. Mayor Bacon advised Mr. Tucker he will not be allowed to serve in the outside area. Councilman Hawkins made a motion that the alcoholic beverage license request for the retail pouring of beer, wine and liquor at T-Bonz Sports Grill at 3240 be approved with Mr. Terry Tucker as the agent. Councilman Lnenicka seconded the motion. Motion was approved 7-0. FORMAl. RUSINESS' (A) Bid Opening (#97013) - UD 1800 F 1997 Service Truck - Public Works Department Mayor Bacon asked if there were any bids in the audience. There were none. Assistant Public Works Director Scott Stokes explained the bids are for a truck to replace the service truck used by the public works department. He stated the truck has an air compressor and is used to repair water line breaks and has 70,000 miles on it. Mr. Stokes stated the truck is used daily and must run for extended periods of time during repair of water line breaks. The bids were opened and read as follows: Volvo/GMC Trucks of Atlanta Fouts Brothers UD/GMC Trucks Smyrna Truck and Body Equipment Unable to bid - Do not handle UD Trucks $51,084 No Bid April 21) 1997, meetine - continlled Councilman Hawkins made a motion the bids be turned over to the Public Works Committee for their review with a recommendation brought back before council at the next meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Bid Opening (#97014) - Small Diameter, Color TV Inspection Camera for Public Works Department Mayor Bacon asked if there were any bids in the audience. There were none. Assistant Public Works Director Scott Stokes stated this camera will be used in clean outs to see where the stoppage is. Mr. Stokes stated the use of this camera will allow the public works crews to determine where the problem is without having to dig up the sewer line. One bid was received, opened and read as follows: ... TV Ferrett $8,245 Councilman Hawkins made a motion the bids be turned over to the Public Works Committee for their review with a recommendation brought back before Council at the next meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Bid Opening (#97015) - Telephone and Computer Wiring at New Public Safety/Jail Facility Mayor Bacon asked if there were any bids in the audience. There were none. Mr. Stokes reported the bids were solicited as only the basic wiring for the new police/jail facility were included in the contract for the construction of the new building. He further eXplained this is for the interior wiring for phones and data in the overall bid. He stated this is the same method used for installation of wiring at the other new buildings. The bids were opened and read as follows: Bell Atlantic Network Integration Key 4, Inc. Precision Communications Interface Electronics, Inc. Harrelson Communications Alliance Business Systems PCM Services $26,626.82 $38,849.00 $23,988.68 $33,252.45 $20,659.00 $14,850.00 $20,392.98 ... Councilman Lnenicka made a motion the bids be turned over to the Police Committee for their review with a recommendation brought back before council at the next meeting. Councilman Wood seconded the motion. Mayor Bacon asked if the bid award should be made before the May 5 Council meeting. Mr. Stokes responded he would very much like to review the bids and make the award after the April 28 work session. Mayor Bacon stated the council could authorize the city to award the bid to the low bidder meeting specifications. Mr. Smith stated he would very much like the city to have the opportunity to closely review the bids before making any decision. Mr. Newcomb asked the staff to review the bids and come back with a recommendation before May 5. Mr. Newcomb asked if the Mayor and Council would entertain a motion to call a Special Called Meeting for the purpose of making this bid award. Mayor Bacon stated this could be done. Mr. Stokes stated since this is the police facility and the 911 center, computer functions of the police department, he would like to have the opportunity to review the bids and possibly make changes that were not specified in the bid. Mayor Bacon asked if one week to review the bids would be sufficient. Mr. Stokes responded it would. Councilman Lnenicka withdrew his motion and Councilman Wood withdrew his second. Councilman Newcomb made a motion that the bids be turned over to the Police Committee with a recommendation brought back to the Mayor and council with a decision to be made at a Special Called Meeting on Monday, April 28, 1997, at 7:00 p.m. Councilman Lnenicka seconded the motion. Councilman Lnenicka stated he feels the agenda will have to be amended to include permission to call a Special Called Meeting. Mayor Bacon stated the consent agenda will be amended to reflect the special called meeting. Motion was approved 7-0. (D) Approve Implementation of Phase II Request with UGA/ITOS ...... Mr. Smith stated this is a follow up proposal to an initial feasibility study done by the city beginning last fall with the University of Georgia, Office of Information Technology Services. He stated they have come back with some recommendations involving implementation strategy over the course of the next six plus months. He stated upon approval of this item, the actual implementation and networking of this phase will begin. Councilman Lnenicka stated it is critical to keep Smyrna current and not fall behind in the information and technology age in which we live. He stated he feels this is an excellent agreement Mr. Smith has negotiated and made a motion that the adoption of the new and revised agreement with the University of Apri] 2], 1997, meetine - continlled Georgia/Information and Technology Outreach Service be approved and awarded. Councilman Wood seconded the motion. Motion was approved 7-0. (E) Approval to Change Third Party Administrator of City Self-Funded Group Health Plan .. Mr. Smith deferred to Councilman Wood on this issue. Councilman Wood stated the issue is the city's third party administrator of the self-funded insurance program for the City of Smyrna. Mr. Wood stated there were various alternatives considered by the City of Smyrna for providing for the third party administrator. Mr. Wood made a motion that an agreement between Covenant Administrators, Inc., and the City of Smyrna to administer the city's self-funded group health plan beginning immediately through April 30, 1998, with an annual May 1 renewal date thereafter, be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Appointment to Smyrna Housing Authority - Ward 2 Councilman Newcomb stated in April, 1994, it was his pleasure to appoint Bill Mider as the Ward 2 representative on the Smyrna Housing Authority. He stated Mr. Mider is currently the treasurer of the group and his current term expires May 2, 1997. Mr. Newcomb made a motion that Mr. Bill Mider be approved as the Ward 2 representative on the Smyrna Housing Authority. He further stated this is a five year term and will expire in May, 2002. Councilman Hawkins seconded the motion. Motion was approved 7-0. (G) Approval of Extension of Independent Audit Contract - Anderson, Hunt and Company Mr. Smith stated this is an extension of the city's contract with Anderson, Hunt and Company for an independent audit. .... Councilman Lnenicka stated Anderson, Hunt and Company has performed the annual independent audit for three years now. He stated they have done an excellent job and are familiar with the staff and our operations. He further stated anyone new coming in would obviously have a start up period that would not be quite as efficient and maybe not as effective. He stated this is a proven service and recommended staying with them. He stated the city has a three-year contract with a one year option which provides for a fixed price, the same as the previous year. He stated the city is where it should be in terms of the budget and the beginning of the process and he urged the city not to delay this process. He stated he feels the city should be a loyal customer where a supplier has done a good job. Councilman Lnenicka made a motion that the city exercise its option in the contract to extend the independent audit contract for one additional year with Anderson, Hunt and Company. Councilman Hawkins seconded the contract. Motion was approved 7-0. (H) Approval of Refunding of Water/Sewer Revenue Bonds - Series 1986 Mr. Smith stated the financial advisors in consultation with our Finance Department has recommended that the city refund Series 1986 Water/Sewer Bonds with a cumulative savings to be earmarked and reserved for Renewal and Extension fund within the water fund. Councilman Lnenicka stated with the change in interest rates, the city's financial advisors are constantly looking at the city's various investments and advising the city. He stated they have recommended that the city refund the 1986 bonds and take advantage of the lower interest rates. He stated after the cost of processing that refunding, the city will save approximately $38,000 for the citizens of the City of Smyrna. He stated the bonds are not being extended, they will mature in 2004, so nothing is being added to the life of the bonds, the city is simply reducing the interest payments along the way. Councilman Lnenicka made a motion that the refunding of Water/Sewer Revue Bonds - Series 1986 be approved with the cumulative savings to be earmarked and reserved for the Renewal and Extension Restricted Case Account. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL RUTT DING PERMITS. ... There were none. RID AWARDS;. (A) Bid Award (#97011) - Community Development Building Addition Councilman Scoggins stated this is for an addition to the Community Development Department. He further stated bids were solicited from three vendors. He stated the Community Development Committee met and reviewed the hids. Councilman Scoggins made a motion the bid be awarded to B. L. Law Company, the low bidder meeting specifications, for $37,900. He stated this is a budgeted item. Councilman Hawkins seconded the motion. Motion was approved 7-0. (B) Bid Award (#97012) - Landscape Truck for Parks and Recreation Department Councilman Cramer stated it is the recommendation of the Parks and Recreation Committee to award the bid for the landscape truck to Fouts Brothers/UD/Isuzu-GMC, Inc., the low bidder meetings specifications, for a total price of $30,355. Councilman Hawkins seconded the motion. Motion was approved 6-0 with Councilman Scoggins abstaining. CONSENT AGENDA' ..... Mayor Bacon stated an item will be added to the Consent Agenda and will be identified as Item 7-H*. He further stated the item will be approval to hold a Special Called Meeting, April 28, 1997, at 7:00 p.m. (A) Approval of April 7, 1997, Minutes (B) Approval to Change Name of Stephens Woods apartments to Madison Station apartments (C) Approval to Advertise Conveyance of Alleyway at 1501 and 1513 Roswell Street (D) Approval to Solicit Bids for Additional Library Shelving (E) Approval to Install Speed Humps - Huntington Trace (F) Approval to Solicit Bids for Janitorial Services (G) Approval to Solicit Bids for City Administrator's Car *(H) Approval to Hold Special Called Meeting, April 28,1997, at 7:0Cl p.m. in the Council Chambers Councilman Newcomb made a motion to suspend the rules for the purpose of adding an item to the consent agenda. Councilman Lnenicka seconded the motion. Motion was approved 7-Cl. Councilman Newcomb made a motion that approval to hold a special called meeting on April 28, 1997, at 7:ClCl p.m. in the council chambers, for the purpose of awarding a bid on the telephone and computer wiring at the new public safety/jail facility be added to the Consent agenda as item 7-H. Councilman Lnenicka seconded the motion. Motion to approve the consent agenda was approved 7-Cl. ..., COMMITTEE R EPOR~ Councilwoman Capilouto stated at the last meeting she had read a letter commending a firefighter for assisting two children across Spring Road at Argyle Elementary School. She stated she had received several calls from viewers stating they could not hear the letter. Ms. Capilouto read the letter again commending Firefighter Brad Johnson for assisting the children who needed help in crossing the street. Councilwoman Capilouto asked Chief Larry Williams to explain the Fire Safety House. Chief Williams reported the Fire Safety House is a facility to train children in how to react in fires and other emergencies. He stated this program has been ongoing for five or six years. Councilman Newcomb asked Chicf Hook for a report from the Police Department. Councilman Newcomb stated everyone was concerned with the recent death of a two-month old infant. Chief Hook reported therc has becn a suspect charged with homicide for causing the death of the baby. He further stated it appears that the infant died from being shaken very violently. He stated the investigation is continuing. Chief Hook then reported on the first quarter statistics for the Police Department. Councilman Newcomb stated there is no report from the Court Services Department this evening. Councilman Newcomb reminded everyone the rezoning request for the Aunt Fanny's Cabin property will be heard by the Planning and Zoning Board on Monday, April 28, 1997, at 5:30 p.m. Mr. Newcomb stated the property rezoning request will come before the Mayor and Council at the May 5, 1997, council meeting. Mr. Newcom b stated this is a proposal from Joe Dewberry to build twenty-eight homes on that property. He further stated there was a one-year moratorium on any submission of any rezoning for that property. Councilman Newcomb stated at his request, the Mayor and Council, waived that requirement to allow this rezoning to go back through the process due to the merits of the proposal. Mr. Newcomb encouraged anyone who has an interest in that property to attend the Planning and Zoning Board Meeting on April 28, 1997, at 5:3Cl p.m. and the May 5, 1997, Council meeting at 7:30 p.m. He further stated both meetings will be held in the Council Chambers. ..., Councilman Scoggins asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio April 21, 1997, meetine - continued reported on Wednesday, April 23, the Senior Citizens Step Into Spring two-mile walk and picnic is scheduled for Tolleson Park; May 1, the Senior Citizens Health Fair will be held at the Community Center; May 6 the Cobb County Senior Games will be held at the Community Center. Mr. Ciaccio reported the walking track at Tolleson Park is almost six-tenths of a mile (0.57). Councilman Scoggins asked Robin Broyles for a report on the Community Development Department. Mr. Broyles provided statistics for his department for the first quarter. ... Councilman Hawkins asked Scott Stokes for a report from the Public Works Department. Mr. Stokes provided an update for his department for the month of March. Mr. Stokes reported the work on Cobb Creek is finished; work is scheduled to begin on Saddle Court creek project soon; work on South Sherwood Road is 8Q1,!fi complete (curb and gutter); polybutelyn water service replacements have begun in the Falling Waters Cumberland Townhomes subdivisions. Councilman Lnenicka asked Mr. Stokes if the current building codes allow for the use of the polybutelyn pipes the city is having to replace. Mr. Stokes responded it does. Councilman Hawkins stated on the Consent Agenda tonight, the council approved the name change for Stephens Woods Apartments to Madison Station Apartments. He further reported that complex has been sold and the new owners are renovating the entire complex. He stated after a two-year period, the current contract with HUD will expire and the apartments will be privately owned. He stated the new owners are more than willing to put in more than a million dollars worth of repairs, landscaping and upgrading of the Stephens Woods Apartment complex. He further stated the work is currently in progress. Councilman Cramer asked Maryclaire Andres for a report on the Community Relations Department. Ms. Andres announced the Jonquil Spring Festival this weekend, April 26 and 27. Ms. Andres announced the city will host the Georgia Municipal Association Fifth District meeting on April 22 at the Community Center. Ms. Andres stated the city is still accepting applications for participants in the Jonquil City Jog this weekend. Ms. Andres announced the Summer Concert Series will begin Friday, May 16, with the Albert Coleman Orchestra performing; the Arthur Bacon Golf Tournament is scheduled for May 3 and 4. Councilman Cramer asked Ann Kirk for a report on the Smyrna Clean and Beautiful Program. Ms. Kirk announced April is Keep America Beautiful Month and this week is Keep Georgia Peachy Clean Week (April 19 - 26). She reported the city participated this past Saturday by hosting a city-wide clean up Saturday and .... a picnic for the volunteers after the clean up. Ms. Kirk displayed the tee-shirts that were distributed. Ms. Kirk thanked all the volunteers for their work. Ms. Kirk stated the photometric index report indicates the city is 69(Yci cleaner now than it was in 1984 when this system was started and 25% cleaner than last year. Ms. Kirk stated the newsletter is now available and displayed the new litter bags, and several items used to promote Keep Georgia Peachy Clean. Ms. Kirk reported on the recycling program. Ms. Kirk then wished Larry Brissey a speedy recovery. Mayor Bacon stated he was concerned with the appearance of the Chambers landfill. He further stated when he drove by that location last week there were papers and litter all over the place. Ms. Kirk stated that was an inert landfill and they were not supposed to accept paper or litter and she would call about the appearance. Councilman Cramer asked Nancy Hancock for a report on the Cemetery Commission. Ms. Kirk displayed the new historical marker signs that will be placed in Memorial Cemetery. Ms. Hancock stated the sign displayed is the first of eight they hope to purchase over the next three years. Ms. Hancock stated there are still bricks for sale to be placed in the Pathway of Honor. Councilman Lnenicka asked Claudia Edgar for a report from the Finance Department. Ms. Edgar stated the first step of the budget process has been completed. Ms. Edgar commended the department heads for their assistance in the budget process. .. Councilman Lnenicka expressed his appreciation to Maryclaire Andres for her assistance in putting together a Smyrna presentation he will make later this month. Mr. Lnenicka stated the presentation is such that it can be used by everyone. He also expressed his appreciation to Jack Collins for the photography work that will be used in the presentation. Councilman Lnenicka stated the city has discovered there are sanitation customers who are being serviced by the city but have not been billed for that service. He stated those persons are now being billed for that service and will be additional revenue for the city. Councilman Lnenicka announced for the residents in Old Vinings Mill on Cooper Lake Drive the city is working with the builders and developers to correct drainage problems. He further stated there may be a follow-up meeting with the residents in May to discuss progress in resolving those problems and to answer any April 21,1997, meetine - continued other concerns that may arise. Councilman Lnenicka expressed his appreciation to Robin Broyles and his staff and to Ken Hildebrandt for their assistance with these issues. Councilman Lnenicka announced the Jo1m Wieland development on Atlanta Road (formerly Creatwood Farms property) has a new name. He stated it had formerly been called Vinings Green and it has now been renamed The Heritage at Vinings and the old Guernsey Jug building has been cleaned up and is being used as a sales office. He stated the plans call for maintaining that building on site, relocate it a little north to be contiguous with the pool area and to preserve it and use it as part of the development. Councilman Lnenicka stated there had been some problems associated with construction traffic not using Atlanta Road to get in and out and he further stated he believes that has been stopped. .... Councilman Wood asked Mary Ann White for a report from the Human Resources Department. Ms. White reminded everyone it is National Secretaries Week and the city will be hosting a luncheon this Wednesday, April 23, to honor those persons and to present the first annual Administrative Support Employee of the Year award. Ms. White announced there are job openings for a Detention Officer, lifeguards and swimming instructors. Councilman Wood asked Michael Seigler for a report on the Library. Mr. Seigler reported last week during National Library Week the Friends of the Smyrna Library held their business meeting combined with a supper and a volunteer recognition program. He stated more than forty persons were presented awards for their volunteer efforts. He stated Sue Canooga was given an award of special merit and Sue Dean was presented with the Volunteer of the Year award. He stated Lillie Wood has graciously agreed to serve another year as president of the FOSL. Mr. Seigler stated the Campbell High School art class is exhibiting their works at the library and urged everyone to come and view the display. Mr. Seigler reported 16,421 people visited the library during March; circulation was 11,353 and the library distributed over 13,000 1040 tax forms between January 1 and April 15, 1997. Mr. Smith announced the grand re-opening of Tolleson Pool this springs and bragged about the appearance of the downtown area, including the housing development being built. Mr. Smith urged everyone to look at the new police facility under construction. Mr. Smith encouraged everyone to attend the Jonquil Festival this weekend. .... Mayor Bacon stated there is usually a lot of traffic from Hamby Street to King Street during the Jonquil Festival. He cautioned everyone not to park on the street as there are plenty of parking spaces available for those attending the festival. Councilman Cramer reported a portion of the King Street will be closed for the Jonquil Jog during the festival. With no further business, the meeting adjourned at 9:55 p.m. ~j~_/ ~1tnl{A- MELINDA DAMERON, CITY CLERK A. MAX BACON , MAYOR f'\ r /\.F> .'~ ,~r-"-------' \ ~ I LhO'JJ.1/"--~, ~-iJ --. ,C:: 0) ~ CHARLENE CAP LOUTO, WARD 1 RON NEWCOMB, WARD 2 WADE S. LNENICKA, WARD 6 .... CHARLES PETE WOOD , WARD 7 April 28. 1997 A special called meeting of Mayor and Council was held April 28, 1997 at Smyrna City Hall. The meeting was called to order at 7:00 p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron and City Attorney Charles E. Camp. Mayor Bacon stated the purpose of the meeting is to award the bid for bid #97015, wiring for the new Public Safety building .... Councilman Ron Newcomb said of 19 bids mailed out, 8 were returned and opened at the last regular meeting. The bids ranged from the low bid of$14,850 to $38,849. After review of all bids and related documents, the recommendation from Scott Stokes is to award the low bid of $14,850 from Alliance Business Systems, which complies with design specifications. Councilman Newcomb stated that Alliance is also the same company who installed the wiring for the Municipal Services Building. Councilman Hawkins seconded the motion which carried 7-0. With no further business, meeting adjourned at 7:05 p.m. fi -A. MAX BACON, MAYOR ---- ,fl~~~ IJJ~~ MELINDA DAMERON, CITY CLERK JJcL C-h r\fi9_ f\\ '1 C'L\'fd\'ruLo CHARLENE CAPILOUT , WARD 1 ~.., , RON NEWCOMB, WARD 2 .. (l~~u~ CHARLES PETE WOOD, WARD 7 ...