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February 3, 1997 Council Meetine Fehmllry 3, 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, Personnel Technician Chris Corey, City Engineer Ken Hildebrandt, Chief Building Official Robin Broyles, Community Relations Director Maryclaire Andres, and representatives of the press. ... Invocation was given by Reverend Vinny Joy, King Springs Baptist Church, followed by the pledge to the flag. ClTIZRNS lNPlJT' Mayor Bacon recognized Garry Osborne, candidate for the School Board Post 2 vacancy. Mr. Osborne urged everyone to vote in the March 18, 1997, election. Mayor Bacon recognized Loretta Freeman, Rollingview Drive, who asked that the city actively enforce the ordinance dealing with jaywalkers. Ms. Freeman also cited problems in her neighborhood and asked for the city's help in addressing some of these problems. Mayor Bacon stated he has talked with Chief Hook regarding jaywalking violations and has instructed the chairman of the Police Committee to make reaching a solution to this problem a priority with a recommendation brought before the mayor and council the first meeting in March, 1997. Councilwoman Capilouto asked if a patrol car could be visible in the Spring Road area and cite violators before the committee has it's meeting. Chief Hook stated he could have patrols visible not only on Spring Road, but also South Cobb Drive, Cobb Parkway and Concord Road, but it would take several of his officers off the road and three cars per shift. Mayor Bacon stated he would like for the Police Department to concentrate their efforts in these areas and have Chief Hook report back at the next council meeting about the number of tickets issued for jaywalking. .. PURl JC HRARlNGS' (A) Alcoholic Beverage License - Agent Change Only - Retail Package Beer and Wine - A&P Food Market #789 - 2784 Hargrove Road Mayor Bacon stated this item was continued from the January 21, 1997, meeting and asked the applicant to come forward. Mr. Smith stated Mr. John R. Padgett has applied to be the agent for both the A&P Food Markets listed (2784 Hargrove Road and 3205 South Cobb Drive). He further stated Mr. Padgett has received a copy of the Alcoholic Beverage License ordinance and has reviewed them with the Business License officer. Mr. Smith further stated Mr. Padgett is a resident of Cobb County and the police department investigation revealed nothing that would preclude the issuance of this license to Mr. Padgett. Mayor Bacon announced this is a public hearing and asked if there was anyone present in opposition to the granting of either of the license request. There was none. Councilwoman Capilouto asked Mr. Padgett how long he has been employed by A&P and he responded thirty- four years. Ms. Capilouto asked if he had held the license for them before and he responded he had not. Ms. Capilouto stated she and the city are very concerned about the sales of alcoholic beverages to minors and cautioned Mr. Padgett that the city does conduct sting operations. Mr. Padgett stated he was aware of that and they also conduct internal sting operations utilizing the J. R. Phillips Company. Ms. Capilouto stated she was ... concerned about the sales of alcohol at the Hargrove Road location. Councilman Lnenicka asked Mr. Padgett about his signed statement indicating he had received a copy of the alcoholic beverage license ordinance. Mr. Padgett stated he had not received the booklet. Mr. Lnenicka stated if Mr. Padgett had not received a copy of the ordinance, which was changed extensively two years ago, he felt the issue should be tabled to allow Mr. Padgett an opportunity to review the neW ordinance. Mr. Camp stated Mr. Padgett has presented himself as a knowledgeable person and one who has held licenses and stated it is possible for the city to approve this license conditioned upon his obtaining the booklet in question and reading of the same. Mr. Camp further stated there is no requirement in the code that he read the booklet prior to the issuance of the license. Ms. Edgar presented him with another copy. FehTllary~, 1997, meetine - continued Councilwoman Capilouto made a motion that the application for retail package beer and wine, agent change only, with Mr. John R. Padgett as the agent, be approved for the A&P Food Market #789 at 2784 Hargrove Road. Councilman Newcomb seconded the motion. Motion was approved 6-1 with Mr. Lnenicka opposed. (B) Alcoholic Beverage License - Agent Change Only - Retail Beer and Wine - A&P food Market #765 - 3205 South Cobb Drive Mayor Bacon stated this is for an agent change only at the A&P Food Market #765, 3205 South Cobb Drive, with Mr. Padgett as the agent. Mayor Bacon also 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 made a motion that the alcoholic beverage license request, agent change only, for the A&P Food Market #765, 3205 South Cobb Drive, with Mr. John R. Padgett as the agent, be approved. Councilman Scoggins seconded the motion. Motion was approved 6-1 with Mr. Lnenicka opposed. (C) Permanent Closure of Jonquil Pool Mr. Smith stated the Parks and Recreation Committee has recommended the permanent closure of Jonquil Pool and this decision has been supported by Parks and Recreation Commission. Mr. Smith stated this has come before council due to the decline of the use of the facility over the last several years and the repair costs to the pool would not be offset by the use of the pool. Mayor Bacon stated this is a public hearing and asked if anyone was present who would like to address this issue. There was none. Councilwoman Capilouto made a motion that the permanent closure of Jonquil Pool be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. FORMAL RlJSTNRSS. (A) Appointments to 125th Anniversary Task Force ...", Mayor's Appointee Ward 1 Ward 2 Ward 4 Willouise Spivey, 2306 Robin Lane Mr. and Mrs. Guy Beckman, Rollingview Drive Deferred to February 17, 1997, meeting John Teasley, Manor Drive Councilman Scoggins made a motion to approve the above listed nominees to the 125th Anniversary Task Force. Councilman Hawkins seconded the motion. Motion was approved 7-0. Councilman Cramer asked if the Ward 2 representative is identified prior to the next council meeting, could that person begin to serve in order to allow the committee to begin work as soon as possible. Mayor Bacon stated that would be appropriate. Mayor Bacon also stated Harold Smith has been asked to coordinate the efforts of the city to put together a book on the celebration of the 125th anniversary of the city. (B) Appointment to Smyrna Hospital Authority - Ward 5 Councilman Cramer made a motion that Ray Seabolt be approved to serve on the Smyrna Hospital Authority as the Ward 5 representative. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Approval of Water and Sewer Rate Increase Mr. Smith stated this is the result of a pass through from the Cobb County-Marietta Water Authority and the Cobb County Water System. He further stated they have increased their wholesale water rates by 2% and sewer rates by 4%. ...", Councilman Lnenicka stated these rates have already been implemented by the Cobb County-Marietta Water Authority. He further stated the City of Smyrna has been advised there will be a series of these increases up to and including the year 2003. Mr. Lnenicka stated the City of Smyrna has no alternative but to approve the increases to our customers. Mr. Lnenicka stated these rate increases will not be included in the January billing. Mr. Lnenicka made a motion that the City of Smyrna implement the 2% water and 4% sewer pass through to the citizens effective with the February billing which will be mailed to the customers in March. Councilman Cramer seconded the motion. Councilman Hawkins stated this is an item the mayor and council Fehrn3ry :1, 1997, meetine - continued have no alternative as there is no other source for water and sewer treatment. He further stated when the rate increases are passed on to the city, the city has no choice but to implement the rate increase. Councilman Scoggins stated he thinks there should be some type control over this particular issue and feels it is extremely important that the citizens of the city realize the city has no control over this issue. Councilman Newcomb stated he supports the motion as the city has no alternative. Mr. Newcomb further stated the Atlanta Regional Commission surveyed 45 water retail utilities located in nine counties and 36 municipalities in the metro area. He further stated that only five were lower than the City of Smyrna and forty have a higher water rate and the sewer rates for the city are in the middle of the range. Motion was approved 6-1 with Mr. Scoggins opposed. .. (D) Ordinance Amendment - Section 2.2 - Handbill Ordinance Mr. Smith stated this is a recommendation from the Smyrna Clean and Beautiful Committee and simply amends the ordinance to extend the restriction on handbills to condominiums and apartments. Councilman Cramer asked Ms. Kirk to address this amendment. Ms. Kirk stated when the ordinance was enacted in March, 1995, there was a lot of interest from the apartment/condominium complexes. She stated the placement of these handbills in these communities causes a good deal of litter. She stated these communities typically do not have individual mailboxes, but do have banks of mailboxes. She stated this change will enable them to prohibit the placement of handbills in their communities. The ordinance would be amended as follows: Section 2.2 - Sub-section "C" Residences, such as condominiums and apartments, without individual mailboxes may place the stickers above the handle of the front door (i.e. primary entry door) of the residence. Lack of a mailbox at a residence shall in no way exclude the resident from protection under this ordinance. Councilman Lnenicka asked Ms. Kirk how these residents could receive the handbill stickers and Ms. Kirk responded if they would call her, she would distribute the stickers to the residents. Ms. Kirk stated the ... residents could call her at 431-2863. Councilman Cramer made a motion the ordinance amendment be approved. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL RIm DING PERMITS' (A) Extension of Construction Hours - L & W Grading - Reed Place Subdivision Mr. Smith stated Mr. Wilbur Chatham of L & W Grading is requesting this for Traton homes to provide grading on Sundays, 10:00 a.m. -7:00 p.m., from the date of this request until June 1,1997, for Reed Place Subdivision. Councilman Wood asked if there was anyone present representing L & W Grading. There was no one present. Councilman Wood stated this subdivision is located on Gann Road. Mr. Wood further stated there is an area on the west side of Gann Road that backs up to Green Forest Subdivision and this is the area in question. Mr. Wood stated he had some concerns about granting the right to do heavy equipment grading on Sundays from 10:00 a.m. to 7:00 p.m. Mr. Wood further stated he felt this work could be accomplished during more regular business hours. Mr. Wood made a motion that the extension of construction hours for L & W Grading for the Reed Place Subdivision be denied. Councilman Hawkins seconded the motion. Motion to deny was approved 7-0. (B) Radio Tower - Public Safety/Jail Facility Mr. Smith stated this is for a communication tower at the new public safety/jail facility. ... Councilman Scoggins stated this permit is for the antenna that is required for the new public safety/jail facility located at 2646 Atlanta Road. Councilman Scoggins made a motion the permit be approved subject to the approval of the building inspector. Councilman Cramer seconded the motion. Motion was approved 7-0. RIn AWARDS' There were none. FehTIIllry :1, 1997, meetine - continued CONSENT AGENDA' (A) (B) Approval of January 21, 1997, Minutes Approval to Use Council Chambers - 6:30 - 9:30 p.m. on Thursday, February 13, 1997, for Ward 6 Meeting (Cedar Cliffs Neighborhood Association) Approval to Request Bids for Labor and Materials for Repairs at Tolleson Park Approval to Request Bids for Replacement Field Lighting Poles Approval to Request Bids for Purchase of Materials and Labor Necessary for Asphalt Paving Services (Jonquil Park) Permanent Closure of Jonquil Pool ...., (C) (D) (E) (F) Councilman Scoggins made a motion the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS' Councilwoman Capilouto asked Chief Williams for a report on the Fire Department. Chief Williams read a letter from MUST Ministries thanking the Fire Department for their efforts in the Christmas toy drive. Councilman Newcomb asked Chief Hook for a report on the Police Department. Chief Hook reported there were nine arrests for persons wanted on warrants from the City of Smyrna; other jurisdictions - two persons were arrested on warrants from Fulton County; one from Kennesaw; one from Rockdale, County; two from Gwinnett County; one from Cobb County and several other arrests for miscellaneous charges were made. Councilman Newcomb stated the Cobb Planning and Zoning Board will hear the request by Pulte Homes to rezone the property across from Aunt Fanny's Cabin tomorrow morning. Councilman Scoggins asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio reported the repairs to be made at Tolleson Park will be structural and aesthetic. Councilman Scoggins asked Robin Broyles for a report on the Community Development Department. Mr. Broyles reported on the building permits for the month of January. He stated the residential permits were $12,613 in costs; commercial permit costs were $3,600. He stated they are currently conducting about 50 inspections daily and still searching for a Building Inspector. ...., Councilman Hawkins asked Scott Stokes for a report on the Public Works Committee. Mr. Stokes stated he did not have a report this evening. Mr. Hawkins read a letter from a citizens commending the sanitation department for their service and expressed his appreciation to the employees of the Sanitation Department for the fine job they do. Councilman Hawkins stated he was in Athens, Georgia, recently for a court management seminar on technology. He stated when the instructor was showing the index to governments in Georgia, he noticed the City of Smyrna was on the index. Mr. Hawkins asked him to pull up the Smyrna Web page and he did. Mr. Hawkins stated the instructor, who was from Virginia, made the comment that the Smyrna web page was one of the most interesting he had seen. Mr. Hawkins further stated he learned that Kathie Barton had put all this information together and he was proud of the manner in which our information was displayed. Councilman Cramer asked Ann Kirk for a report on Smyrna Clean and Beautiful. Ms. Kirk thanked the volunteers for their efforts on the "Adopt-a-mile Program" last weekend. Ms. Kirk reminded the citizens to call the Public Works Department if they want a free truckload of mulch delivered. Councilman Cramer announced that L. A. Phillips was recently named Mr. Smyrna and Nancy Hancock was named Ms. Smyrna. Councilman Cramer asked Maryc1aire Andres for a report from the Community Relations Department. Ms. Andres gave the city's Internet address as WWW.CLSMYRNA.GA.US.Ms. Andres announced she had just been notified the City won the Savvy Award from 3CMA for the production of the 199411995 Annual Report. Ms. Andres explained the award honors creative marketing and communications, best publication October 5, 1996. Ms. Andres reported the annual Miss Jonquil Pageant will be March 2 at the Galleria Center at 2:00 p.m. Ms. Andres stated final applications must be submitted February 14; the Jonquil Festival will be April 26 and 27 with a VIP party on Friday evening and the festival will begin Saturday morning at 10:00 a.m.; Jonquil City jog, a 5-K road race on Atlanta Road. Ms. Andres indicated several sponsor have agreed to donate services for the race with the proceeds to benefit "The Protector" statue which will be in front of the ...., FehnlllTY 3, 1997, meetine - continued new public safety/jail facility. Ms. Andres stated the 125th anniversary celebration will be August 1 and the new public safety/jail facility will be dedicated at that time. Councilman Lnenicka stated there is no report from the Finance Department this evening. Mr. Lnenicka reminded everyone of the drop-off box located on the south side of city hall in the drive-through lane. Councilman Lnenicka stated the council approved the use of the council chambers for the Cedar Cliffs Neighborhood Association meeting on February 13, 1997, at 7:00 p.m. ... Mr. Lnenicka reminded everyone again of the Cobb County Zoning meeting tomorrow morning at 9:00 a.m. to hear the zoning request of the property across from Aunt Fanny's Cabin on Campbell Road. Councilman Wood asked Michael Seigler for a report on the Library. Mr. Seigler reported there were 16,620 people use the library in January which is a record number since he has been with the City of Smyrna. Mr. Seigler stated there are two displays currently at the Library; Fran Anderson displaying antiques and collectibles; Sharon Box is displaying landscapes and scenic photography. Councilman Wood reported on the statistics for the Smyrna Library during 1996. Mr. Wood reported the library is open 352 days a year, more than any other public library in the State; circulation was 147,057 items; library visits were 173,315. Councilman Wood asked Chris Corey for a report from the Human Resources Department. Mr. Corey reported the city is recruiting for two positions: Communications Operator and Building Inspector. Mr. Smith thanked Chris Corey for the good job he has done in the absence of Mary Ann White and also thanked the department heads for their cooperation. .. Mayor Bacon thanked Councilman Hawkins for handling the meeting of January 21, 1997. Mayor Bacon stated there has been a lot of discussion about the old Guernsey Jug on Atlanta Road. He stated the city had talked about doing something with that building but there was a lot of cost that would have been involved with doing that. He further stated John Wieland has worked out an agreement with the Crowe/Ingram family to refurbish the building on site and use it as a sales office first then renovate it to use as a part of their amenity package. Mayor Bacon recognized Curt Johnston, candidate for the Post 2 School Board vacancy. Mr. Johnston reminded everyone to vote in the March 18, 1997, election. With no further business, the meeting adjourned at 9: 12 p.m. /~4-- --' __O/J.j.,t~J-/ fJJ~4J'1ill1-- MELINDA DAMERON, CITY CLERK A. MAX BACON, MAYOR Qnf1flWLL O~ CHARLENE CAPILOUTO, WARD 1 d~;x(~ BILL SCOGGINS; ARD 3 ----l7..1 iJ-L~ RON NEWCOMB, WARD 2 .... ~~iJffi a/~ CHARLES PETE WOOD, WARD 7