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May 6, 1996 Council Meeting May 6. 1996 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 Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Administrative Coordinator Brenda Barrett, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. .. Invocation was given by Reverend Lee Delbridge, pastor of Smyrna Christian Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized David Casey, candidate for State Representative - District 30, who announced he will be having his campaign kick off event at Jonquil Park on May 11 between 1 - 3 p.m. He invited everyone to attend. Mayor Bacon recognized Jim Peters, candidate for State Representative - District 30. Mr. Peters stated he looked forward to the election. Mayor Bacon recognized Frank Bradford, candidate for State Representative - District 30. Mr. Bradford recognized the Fire and Rescue Department for their efforts at the Jonquil Festival, April 30. He stated he noticed a person in distress and called 911. He stated the rescue team responded within five minutes and treated him before he was transported to a hospital. He stated he wanted to commend the rescue team for their exceptional work. Mayor Bacon recognized George Grindley, candidate for State Representative - District 35. He stated he is the incumbent and looks forward to serving the citizens again. PUBLIC HEARINGS: (A) Rezoning Request - 2965 Reed Street - From R-15 Single-Family Residential to 0&1 - Office Institutional .. Mr. Thomson stated the applicant, Randy Carmichael, wishes to make the lot a part of his 0&1 lot and remove the house that is currently there and build a garage. He further stated Mr. Carmichael wants to build a garage for the funeral home vehicles. Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the granting of this rezoning request. There was none. Mr. Dan Scoggins, the attorney representing Mr. Carmichael, stated Mr. Carmichael had acquired the residential lot to the rear of his lot on Church Street and has demolished the house. He further stated Mr. Carmichael wants to construct a four-bay garage there, with three bays for the vehicles and one bay for washing vehicles. He stated the garage will face Church Street and there will be no access on Reed Street. He stated the outside of the structure will be constructed in conformity with the existing structure that is there now. Councilman Hawkins asked if the lot is now a separate lot from the funeral home and Mr. Scoggins stated that was correct. Mr. Hawkins then asked if it would be re-drawn making it one lot. Mr. Scoggins stated that was correct. Mr. Hawkins then questioned the fifty foot setback requirement from the abutting residential property. Mr. Scoggins stated since Mr. Carmichael was combining the lots, he had been advised that a twenty-five foot setback would be required, no variance would be required and the garage would be considered an accessory structure on the one lot. Chief Building Official Scott Stokes verified that was correct that only a twenty-five foot setback would be required. Councilman Hawkins made a motion the rezoning request at 2965 Reed Street from R-15 to 0 & I be .. approved with the following stipulations: 1. Six foot wooden fence to be erected and maintained along rear property line between all residential property. Some type of planted buffer to be placed along Reed Street. Fence and planted buffer to be in place before building is put into use. Planted buffer to grow to a height of six feet. Six foot fence to be erected and maintained with the fence posts facing the subject property. 2. No lights that will interfere with any residents. Mav 6, 1996 meeting: - continued 3. No outside storage including vehicles. 4. No additional driveways can be installed on Reed Street. No driveways on Reed Street. Mr. Hawkins then asked if it would be possible for Mr. Carmichael to build the fence before the construction is begun. Mr. Scoggins stated he would request Mr. Carmichael to do that but did not know for a fact that it would be done. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Ordinance - Mini Warehouses for Self-Storage Only - Appendix A, Section 713.4.1 -- Mr. Thomson stated this is an amendment to the section of the ordinance that deals with mini warehouses and adds the services accessory description to the ordinance. Mayor Bacon stated this is the first reading of the proposed ordinance amendment. Councilman Newcomb stated this is a proposed change to the Zoning Ordinance with no action being taken tonight. Action will be taken at the May 20, 1996, council meeting. He stated the purpose is to add a new section regarding mini warehouses that would place some limitation to the number of trucks that could be on site. He stated the ordinance would read that the mini warehouses are for self storage only and services accessory to the operation of the mini warehouse including and limited to truck rental, provided the lot area is one acre or larger, the truck to property area ratio is not greater than two trucks per one acre of lot area, and the limited retail sale of storage related items. Mayor Bacon asked if anyone was present who had comments or questions pertaining to the proposed ordinance amendment reading. There was none. Councilman Hawkins asked if this ordinance amendment would require self-storage businesses to acquire a truck rental business license. Mr. Newcomb responded that was correct. (C) Ordinance Amendment - Funeral Homes - Appendix A, Section 710.9 Mr. Thomson stated this is a modification to an existing ordinance which will add the accessory use of WIllI a caretaker apartment to the section that deals with the funeral home itself. Councilman Newcomb stated funeral homes is already a use under Office and Institutional district in 710.9 and this would add wording which would allow funeral homes to allow for a caretaker to be present on the property. He stated it would read in part: "funeral homes, which may include one apartment for a caretaker provided the apartment is an integral part of the principal structure and not a free-standing unit and provided said apartment shall not be leased or rented to any second party." Mr. Newcomb stated this is the first reading and no action will be taken until May 20, 1996. Mayor Bacon asked if there was anyone present who would like to make any comments about this ordinance. There was none. (D) Ordinance Amendment - Limited Retail Sales - Section 709.7 Mr. Thomson stated this is a new ordinance section that would allow for retail sales with enumerated uses to be inserted in that code section. Councilman Newcomb stated this is an amendment to Section 709.7, Limited Commercial District. He stated this is the first reading and no action will be taken until May 20, 1996. Mr. Newcomb stated this will add the allowable uses under limited commercial district a new use in 709.7, which is limited retail sales. He further stated the following sales would be permitted provided the limited retail sales establishment does not exceed 1200 square feet of floor area: Arts and crafts shops; antique shops, gift shops; bridal shops and boutique shops. Mayor Bacon asked if anyone was present with any comments to this proposed ordinance amendment. There was none. ..... (E) Ordinance Amendment - Dry Cleaning and Laundry Pickup Station Only, Section 709.9 Mr. Thomson stated this is a new section describing the square footage requirements of the function of a laundry pick up station only without the dry cleaning apparatus and chemicals. Councilman Newcomb stated this is the first reading of the proposed ordinance amendment and no action will be taken until May 20, 1996. Mr. Newcomb stated there are locations in Smyrna where you simply May 6. 1996 meeting - continued drop off laundry and no processing is done on site. He further stated it is the recommendation of the Community Development Committee that this type establishment be under limited commercial district as a new use and would read, in part: "Dry cleaning and laundry pickup station only, having not more than 2,000 square feet of floor area." Mr. Newcomb stated there may be an amendment later about the square footage stated. FORMAL BUSINESS: ... (A) Bid Opening (#96006) - Ford Tractor for Public Works Department Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Franklin Ford Tractor Cobb County Tractor $16,543 $16,082 Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their review with a recommendation brought back before council on May 20, 1996. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Validate Petition to Annex Property at 3793 North Cooper Lake Drive Mr. Thomson stated Ronald W. Trumble and Elise A. Trumble have requested annexation of their property at 3793 North Cooper Lake Road. Councilman Wood stated this property is located at the corner of North Cooper Lake Road and Austin Drive and more particularly described as follows: All that certain property situated and being in Land Lots 337, 338, and 384 of the 17th District, 2nd Section of Cobb County, Georgia, being Parcels 8 and 75 in Land Lot 384, and more particularly described as follows: ... BEGINNING at the intersection of the eastern right of way of North Cooper Lake Road with the southern right of way of Austin Drive, said point being the POINT OF BEGINNING; thence easterly along said right of way of Austin Drive a distance of 332 feet to a point; thence southerly a distance of 344 feet to a point; thence westerly a distance of 330 feet to a point on the eastern right of way of North Cooper Lake Road; thence northerly along said right of way of North Cooper Lake Road a distance of 378 feet to the POINT OF BEGINNING. Councilman Wood stated there is approximately 2.66 acres in this property and made a motion that the petition to annex the property be validated with a public hearing scheduled for June 3, 1996. Councilman Hawkins seconded the motion. Motion was approved 7-0. (C) Amendment to Personnel Policy - Sick Leave Policy Mr. Thomson stated this will be to modify the guidelines that establish the sick leave use and in rare circumstances allow employees to transfer accrued sick leave to other employees. Council Newcomb stated this revision is recommended by the Human Resources Committee and would allow several things. He stated on page 1 of 4: would allow for temporary employees to accrue sick leave; On page 2 of 4: states that no employee can be paid sick leave while receiving Short Term Disability, Long Term Disability or Workers Compensation payments and also states when forfeited sick leave can be restored to an employee in a truly catastrophic situation upon the recommendation of the Director of Human Resources and the approval of the City Administrator; and on Pages 3 of 4 and 4 of -.. 4 will provide for the voluntary transfer of sick leave to another city employee in bona fide catastrophic situations. It also provides that a current city employee who has accrued more than 80 hours of sick leave may donate sick leave, in increments of 8 hours, to another employee during a bona fide life- threatening circumstance on the part of the recipient/employee. Mr. Newcomb stated the procedure is outlined in the revised policy. Councilman Newcomb made a motion the Sick Leave Policy as amended and identified as Item 4-C on the Agenda be approved effective immediately. Councilman Lnenicka seconded the motion. Motion was approved 7-0. May 6, 1996 meeting: - continued (D) Appointment to Senior Citizens Advisory Council Mayor Bacon stated this Council is made up of representatives from each of the seven wards along with appointments from the Mayor's office. He stated their primary function will be to advise the Mayor and Council on the direction the city needs to go as far as providing services for the senior citizens. The appointments are as follows: Mayor: Guy and Mary Beckman Lydia Willmont ..... Ward 1: Joyce and Harvil Hillhouse Ward 2: Dan and Marlene Gunn Ward 3: Sophia King Edna Odessa Cochran Ward 4: Harold and Catherine Flynn Ward 5: Hilda and Grady Chaffin Ward 6: Jim and Faye Pair Ward 7: Harold Smith Councilman Wood made a motion the Senior Citizens Advisory Council be appointed as listed above. Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Extension of Working Hours - Swofford Construction, Inc. - Argyle Elementary School fII/IIIIII Mr. Thomson stated the extension has been requested by Swofford Construction, Inc., in order to allow them to meet the construction scheduled. Mayor Bacon asked Ken Swofford, Swofford Construction, Inc. to come forward. Councilwoman Capilouto asked Mr. Swofford if the hours Monday - Friday from 7 a.m. to 12:00 a.m. and Saturday 7:00 a.m. to 7:00 p.m. and Sunday from LOO p.m. to 7:00 p.m. were the hours they would be working. Mr. Swofford responded that was correct. Ms. Capilouto stated there are no residential areas that would be affected by the work and most of the work will be done on the interior of the building. Mr. Swofford indicated there is still some outside work to be completed and the crews would like to use lights to complete those tasks and the workers would not be out there past 11:00 a.m. He stated the work is to be completed in August, 1996. Councilwoman Capilouto made a motion the extension of working hours requested by Swofford Construction, Inc. at Argyle School be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Extension of Working Hours - Construction at Various Cobb County Schools Mr. Thomson stated this request was received from Mr. Brownlee, Director of Facility Planning, Cobb County Schools for work at Argyle Elementary, Nash/Wills Campus and Campbell High School. Mayor Bacon recognized Mr. Brownlee who stated the extended hours are necessary as the work must be completed in a timely manner. He stated the Nash/Will Campus and Campbell High Schools have to be completed by the fall of 1997 and construction has already begun. Councilman Lnenicka asked that there be no undue noise at the Campbell High School site during the early morning that would affect the nearby residents and any noisy work be performed during the middle part of the day if possible. Mr. Brownlee responded that was possible. Councilman Cramer stated the Nash/Wills Complex also abuts residential areas and requested the same consideration with regards to noise. Councilman Lnenicka made a motion the extension of working hours at Nash/Wills campus and Campbell High School be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. IlIIIIIf Mav 6, 1996 meeting - continued (C) Temporary Use/Building Permit - Tony Hester - Sherwood Road and Concord Road Mr. Thomson stated Tony Hester has requested a permit for a fruit and vegetable stand for a two and a half month period. The stand would be located on the corner of Concord Road at Sherwood Road. Mayor Bacon asked Tony Hester to corne forward. Councilman Wood stated the city's concerns would be that the property be kept clean and orderly and asked for assurance from Mr. Hester that he would do that. Mr. Wood asked when Mr. Hester planned to open his stand and Mr. Hester stated he hoped ... to open on Wednesday of this week and would probably close in July, 1996. Mayor Bacon asked Mr. Hester about the hours of operation and Mr. Hester responded he would be open from 7:00 a.m. ti19:00 p.m. Councilman Wood made a motion the temporary use/building permit for a fruit and vegetable stand at the corner of Concord Road and Sherwood Road be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. BID AWARDS: (A) Bid #96005 - Commercial Carpet for Community Center (CC) Councilwoman Capilouto stated bids were solicited for replacement of the carpet at the community center. She further stated two bids were received and it is the recommendation of the Parks and Recreation Committee to award the bid to Shaw/Bell-Man, the low bidder, for a total price of $8,099. She then made a motion the bid for the replacement of the commercial carpet for the Community Center be awarded to Shaw/Bell-Man. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: -- (C) (D) Approval of April 15, 1996, Minutes Approval to Use Council Chambers on Tuesday, May 21, 1996, From 7 - 9 p.m. for Spring Hill Subdivision Meeting Approval to Solicit Bids for Relocation of Spring Road Water Line Approval to Use Council Chambers on Wednesday, June 12, 1996, From 6 - 9 p.m. for Public Hearing on Parks Needs Assessment Approval for the Public Works Department to Replace Sewer Line on Honeysuckle Drive (A) (B) (E) Councilman Newcomb made a motion the rules be suspended for the addition of an item. Councilman Hawkins seconded the motion. Motion to suspend the rules was approved 7-0. Councilman Newcomb stated he would like to add an item as 7-F - Comprehensive Plan Update. Mr. Newcomb stated he would like to provide a contract to John Moeller, in the amount of $16,400, for the purpose of updating the Comprehensive Plan for the City of Smyrna. Mr. Newcomb stated that was his motion. Councilman Lnenicka seconded the motion. Motion to add Item 7-F - Comprehensive Plan Update to the consent agenda was approved 7-0. Councilman Lnenicka asked Mr. Newcomb is the city is required by the State to update the Comprehensive Land Plan and Mr. Newcomb responded that is correct. Mr. Newcomb stated it is done on a regular cycle and the cost to fund this will be split over this year and the next fiscal year. Councilman Lnenicka made a motion the consent agenda, items A-F, be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: -- Councilman Wood asked Claudia Edgar, Director of Finance, for a report. Ms. Edgar reported the City has received the Government Finance Officers Association Certificate of Achievement for Excellence in financial reporting for fiscal year ending June 30, 1995 - Comprehensive Annual Finance Report and has also received the GFOA Distinguished Budget Presentation Award for fiscal year 1996 budget document. Ms. Edgar stated these are very prestigious awards and this is the eighth consecutive year the city has received the award for the CAFR and the fifth consecutive year for the award for the budget document. She thanked her staff, Mike Hickenbottom and Greg VanAntwerp for their many hours of hard work on the documents and stated the awards would not have been possible without them. Councilman Wood reported Kathie Barton, Director of Community Relations, is on vacation this week. He announced there is a mailing going out this week and he urged everyone to take the time to read it May 6, 1996 meeting - continued and learn about what is going on in Smyrna. Councilman Wood announced there are new traffic signals at Camp Highlands and Highlands Parkway. He stated this will provide additional safety for the motorists who use that intersection. Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook reported his department had several notable arrests during the last month and reported on them. Councilman Lnenicka asked the citizens to support Solicitor Ben Smith's program - The Nancy Bramblett Violence Fund. He further stated this program asks for tax deductible donations in the amount of $59.95 -- for the purchase of Polaroid cameras. Mr. Lnenicka read from Mr. Smith's letter that the purpose is to equip each police vehicle with a Polaroid camera with funds solicited from the private sector. Polaroid has entered into a partnership with the Solicitor General's office and the City of Smyrna to combat domestic violence and has agreed to sell us a $259.95 police camera package for $59.95. Additionally Polaroid has agreed to train all officers at no expense to the municipalities or to the county. He further stated that in order to acquire the funds to reach the goal, they are requesting people to solicit funds from private citizens, businesses, corporations, etc. When the contribution is made, the individual making the contribution should indicate if they are making it in honor or memory of someone so the camera being purchased will have a metal tag inscribed on it which will indicate the person to whom it is being dedicated to or bought in memory of. Councilman Lnenicka then urged all the citizens to participate in this worthwhile project. He stated if these cameras are available, officers responding to domestic violence calls can take pictures of the victims which can be used in court and will help combat domestic violence. He stated forms for donation will be available at the front desk in City Hall as well as in the City Clerk's office. Councilman Lnenicka then reported the beautification project on Atlanta Road is proceeding very rapidly. Councilman Lnenicka then wished Ann Kirk, Kent Sims and Ray Curtis a speedy recovery. Councilman Cramer asked Chief Williams for a report on the Fire Department. Chief Williams reported that for the first time in eleven years, emergency calls to his department are down. He further stated they are only down 3% for the first four months of this year. He stated this may be due in part to a mild WIllI winter and March and April being damp months. Chief Williams reminded the citizens the burning ban is in effect and no outside burning is allowed anywhere in the Metro-Atlanta area. Councilman Cramer stated the Petatorium has been cited for numerous code violations and has been closed. Councilman Hawkins asked Nancy Hancock for a report on the Cemetery Association. Ms. Hancock reminded everyone of the dedication of the Smyrna Cemetery on Sunday, May 12, at 2:00 p.m. Councilman Scoggins reported Ann Kirk has been hospitalized at Northside and he wished her a speedy recovery. Councilman Scoggins asked Brenda Barrett for a report on Ray Curtis and then a report on the Public Works Department. Ms. Barrett reported Ray was admitted to the hospital last Friday and his condition was very critical. Ms. Barrett then reported the curb and gutter work on Sherwood Road has been completed; 90% of the sidewalk on Hawthorne Street has been completed; the curbing on Debra Lane and Pinetree will begin on Monday, May 13; the Creatwood drainage work is almost complete and should be finished next week - weather permitting; the service lines on Napa Valley are being replaced and then they will begin on Afton Downs. Mr. Scoggins then asked when the work would begin on Honeysuckle Drive to replace the sewer line and Ms. Barrett responded work will begin on Tuesday, May 7. Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms. White announced the city had realized a big savings this year by have the self-funded insurance program. .....- Councilman Newcomb congratulated Ms. White and her staff for their efforts in keeping the insurance costs down to a minimum and for the dissemination of information to the employees. Ms. White also stated she would like to add that Teresa Elliott had been hospitalized again and wished her a speedy recovery. She stated Ms. Elliott is continuing to have health problems as a result of a recent kidney transplant. Ms. White announced there are several seasonal jobs open. May 6, 1996 meetinl! - continued Councilman Newcomb reported that the Cobb County Department of Transportation will be present at the June 3, 1996, council meeting to open the bids on Phase II of Spring Road. He stated that is the portion of Spring Road between Campbell Road and Atlanta Road. He stated the removal of the houses is almost complete. Councilman Newcomb then paraphrased a letter from a citizen complimenting Patti Petrulli, City Marshall, and police officer J. C. Bennett and an unnamed police officer for their efforts in resolving a .. problem he had experienced. Councilwoman Capilouto asked Steve Ciaccio for a report on the Parks Department. Mr. Ciaccio reported that Tuesday, May 14, is Smyrna Night at the Braves and stated there are still several tickets available. Mr. Ciaccio reported on the summer concert schedule and announced the first concert is scheduled Friday, May 17, at 8:00 p.m. Councilwoman Capilouto asked Michael Seigler for a report on the Library. Mr. Seigler reported Mr. Harry Able has an excellent display of bamboo basketry at the Library. He then reported the book discussion group will be meeting May 7 to discuss "Ugly Ways" and urged everyone to attend. He stated there were 15,318 people visit the library in April and that was for a 27-day period and they have circulated 11,616 items, a 13% increase over this same period of time last year. Councilwoman Capilouto announced the meeting approved on the Consent Agenda for May 21 at 7:00 p.m. is a Neighborhood Watch meeting. Mayor Bacon recognized the two political candidates who had remained for the entire meeting - David Casey and Frank Bradford. With no further business, the meeting adjourned at 9:08 p.m. .... A.MAXBACON,MAYOR -1-J1;.tu.-/~ /J)~~ MELINDA DAMERON, CITY CLERK eh[\[,IM~ ~~ CHARLENE CAPILO TO, WARD 1 ~~J~~ \~"L.J. w0~~ RON NEWCOMB, WARD 2 ~~ c~ft:ofw~ --