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April 15, 1996 Council Meeting April 15. 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 Representative Patty Bacon, Community Relations Director Kathie Barton, Personnel Officer Chris Corey, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. .... Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. Mayor Bacon recognized State Representative Randy Sauder who presented Cobb County Sheriff Bill Hutson with a proclamation honoring him for his years of public service. Sheriff Hutson thanked Representative Sauder for the proclamation and also thanked the Mayor and Council for their support. Representative Sauder also announced he will seek re-election. Mayor Bacon recognized Judith Ward and Principal James Lavender from Fitzhugh Lee Elementary School. Mayor Bacon asked Councilman Wade Lnenicka to read a proclamation in honor of the lOOth year of Fitzhugh Lee School. Councilman Lnenicka read the proclamation and presented it to Ms. Ward and Mr. Lavender. Mr. Lavender stated the school will have celebration events on both Friday, April 26, and Saturday, April 27, and extended an invitation to everyone to attend. Mayor Bacon then asked Councilman Lnenicka to read a proclamation in honor of Telecommunicators Week. Councilman Lnenicka read the proclamation and presented it to Sergeant Jerry Waldrop and two ofthe 911 Operators - Ms. Stacy Carver and Ms. Dedra Owen. Sgt. Waldrop expressed his appreciation to the Mayor and Council for the proclamation. Mayor Bacon recognized Tom Barrentine and the Savannah Park Youth Council. Mr. Barrentine stated his council is here tonight to learn more about government and council meetings and to encourage the youth to become more involved in local government. ... Mayor Bacon recognized Frank Bradford, who is a candidate for District 30 State Representative vacancy created by the resignation of Representative Matt Towery. Mr. Bradford announced he will have a fund raiser event on Friday, April 26, and invited everyone to attend. Mayor Bacon recognized David Casey, candidate for District 30 State Representative position. Mr. Casey asked the public for their support in his election bid. Mayor Bacon recognized Jim Peters, candidate for District 30 State Representative position. He asked for the support of the public in his election bid. Mayor Bacon recognized Victor Yankowski, candidate for Cobb County Commission, District 4. He asked the public for their support. CITIZENS INPUT: There was none. PUBLIC HEARINGS: (A) Variance Request - 1898 Heathridge Court - Two Accessory Structures on One Lot ... Mr. Thomson stated the applicant, Louie Haney, is requesting the variance in order to build a storage building for his lawnmower and other tools. Mayor Bacon asked Mr. Haney 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 Newcomb stated Mr. Haney had two structures in his yard, one of which was rotted and had been removed. Mr. Newcomb then asked Mr. Haney to briefly explain why the variance is requested. Mr. Haney stated the rotted building had become an eyesore and he tore it down and now would like to build another building to store his lawnmower and other tools. He stated the building will not be visible from the road and all his equipment will be stored out of sight. Councilman Newcomb stated Mr. Haney April 15. 1996 meetin~ - continued meets all the setback requirements and has notified his neighbors of his intentions and there are no objections from them. Councilman Newcomb made a motion the variance request at 1898 Heathridge Court for two accessory structures on one lot be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. (B) Alcoholic Beverage License Request - Agent Change Only - Retail Package Beer and Wine - Kroger Store #299 - 3315-1 South Cobb Drive ..... Mr. Thomson stated Mary L. Cook will be the agent for the establishment and has been given a copy of the Alcohol Beverage License Ordinance. He further stated the Business License Officer has reviewed the ordinance with her and she has indicated she will follow the guidelines of the ordinance. Mr. Thomson stated the Police Department investigation revealed nothing that would preclude the issuance of this license to Ms. Cook. Mayor Bacon asked Ms. Cook to come forward. Mayor Bacon announced 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 Ms. Cook if she understood the ordinance and if she could comply with the requirements of the ordinance. Ms. Cook responded yes. Mr. Hawkins then asked Ms. Cook about the training program for the cashiers at Kroger. Ms. Cook stated they do have a training program and they do require identification. Ms. Cook also stated if an under-age cashier has a customer in their line purchasing alcohol, someone with a license must come to the cash register and ring up that sale. Mr. Hawkins asked Ms. Cook if she had previously held a license and Ms. Cook responded no, but that she is a licensed clerk to receive alcohol at the Kroger location. Ms. Cook stated she has been employed by Kroger for twenty-one years. Councilman Hawkins made a motion that Ms. Cook be appointed as the agent for the Kroger Store #299 at 3315-1 South Cobb Drive. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Alcoholic Beverage License Request - Retail Pouring of Beer, Wine and Liquor - Carrabba's Italian Grill - 2999 Cumberland Circle, Suite 300 ... Mr. Thomson stated Mr. Scott Gasparini, applicant, has been given a copy of the Alcohol Beverage License Ordinance and the Business License Officer has gone over the ordinance with him. Mr. Thomson further stated Mr. Gasparini has indicated he will comply with the ordinance and the Police Department investigation has revealed nothing that would preclude the issuance of the license request. Mayor Bacon asked Mr. Gasparini to come forward. Mayor Bacon announced 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 stated this is a new Italian restaurant that will be located on Hargrove Road. Ms. Capilouto asked Mr. Gasparini about their training program. Mr. Gasparini responded they have an educational seminar and an Alcohol Awareness - Intoxication Points seminar for their employees. Ms. Capilouto asked Mr. Gasparini if he had held an alcohol beverage license before and Mr. Gasparini responded he had. Ms. Capilouto asked if he was aware if one of his employees violated the ordinance he would be held responsible. Mr. Gasparini responded he understood that. Councilwoman Capilouto made a motion that the alcohol beverage license request for retail pouring of beer, wine and liquor at Carraba's Italian Grill, 2999 Cumberland Circle, Suite 300, be approved. Councilman Scoggins seconded the motion. Councilman Wood asked about the partnership with Outback Steak House. Mr. Gasparini responded they are partners in this venture but are not in partnership. ... Councilman Hawkins stated for the record that a plat of the property has been submitted showing they meet all the distance requirements of the City. Motion to approve the alcohol beverage license for Mr. Scott Gasparini was approved 7-0. April 15. 1996 meetinlJ - continued FORMAL BUSINESS: (A) Appointment to Downtown Development Authority Mayor Bacon stated there are currently seven board members on this authority and their term of office has expired. He further stated all seven members have expressed their desire to be re-appointed to serve as members of the DDA. ... Councilman Wood made a motion the following members be re-appointed to serve a one-year term as members of the DDA: Hubert Black, C. J. Fouts, Jim Pitts, Steve Shupert, Willouise Spivey, Doug Stoner and Jimmy Wilson. Councilman Lnenicka seconded the motion. Motion was approved 7-0. Mayor Bacon recognized Hubert Black, who was present, and thanked the DDA for their efforts with the revitalization of the downtown area. (B) Bid Opening (#96005) - Commercial Carpet for Community Center Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Shaw Bell Mann $ 8,099.00 Mathews Carpet $10,218.79 Councilman Scoggins made a motion the bids be turned over to the Parks and Recreation Committee for their review with a recommendation to be brought back before Mayor and Council at the May 6 meeting. Councilman Hawkins seconded the motion. Motion was approved 7-0. (C) Authorize Mayor to Sign Contract with Beers Construction Company for Construction of Police/Jail Facility -- Councilman Lnenicka stated this is a follow-up to an item that was previously approved last month to authorize the Mayor to sign a letter of intent to contract with Beers Construction for the building of the new police/jail facility. Mr. Lnenicka stated the city has reached an agreement with Beers for a GMP (Guaranteed Maximum Price) Contract of $5,562,000 which is within the budget for the project. He stated there are some technical details with the contract language which the city is trying to work out and to make sure the signed document is what the city desires. Councilman Lnenicka made a motion to authorize the Mayor to sign a contract awarding the police/jail facility to Beers based upon a proposed Guaranteed Maximum Price Contract of $5,562,000. Councilman Wood seconded the motion. Motion was approved 7-0. (0) Resolution - Authorize Mayor to Appoint Committee to Determine Management of City Right of Way Relating to Telecommunications Legislation by U.S. Government Mayor Bacon stated in 1996 the Congress and Senate passed the Federal Telecommunications Act of 1996. Mayor Bacon stated the city has had a number of companies that have approached the city about using city rights of way to run either optic or telecommunications cables and recently have had a company ask to run a cable for telecommunications. Mayor Bacon stated this resolution authorizes the City to form a committee to oversee the city's rights of ways. Councilman Hawkins read the resolution (attached as part of the minutes) and moved approval of the resolution. Councilman Scoggins seconded the motion. Motion was approved 7-0. ... (E) Appoint Telecommunications Committee Mayor Bacon stated he would like to serve as an Ex-officio member on this committee and appointed Jim Hawkins as Chairman with Bill Scoggins and Wade Lnenicka as the other members of the committee. Councilman Scoggins made a motion the committee members as appointed be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. April 15, 1996 meeting - continued BID AWARDS: (A) Bid #96004 - Ladder Truck for Fire Department Councilman Cramer made a motion the bid for the ladder truck for the Fire Department be awarded to the low bidder, Simon's Ladder and Tower Corporation, for $602,765. Councilman Lnenicka seconded the motion. Motion was approved 6-0-1 with Mr. Scoggins abstaining. CONSENT AGENDA: ... (A) Approval of April 1, 1996, Minutes (B) Approval of 1996 CDBG Sub-Recipient Agreement (C) Approval to Paint Yellow Curb Between 5181 & 5183 Afton Way (0) Approval of Master Lease Pool Agreement with GMA Councilman Lnenicka made a motion the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Capilouto stated there is no report from the Parks and Recreation Department this evening. Ms. Capilouto then asked Michael Seigler for a report from the Library. Mr. Seigler stated this is National Library Week and invited everyone to visit the Library. He also announced the Friends of the Smyrna Library are holding their annual business meeting on April 18 at 7:30 p.m. and the new officers will be installed and the volunteers will be honored for their work during the past year. Mr. Seigler expressed his appreciation to Representatives Sauder and Tanksley and Senator Thompson for their assistance in obtaining a new Computer Catalog for the Library. Mr. Seigler also announced there are several good exhibits at the Library in honor of National Wildlife Week. Councilman Newcomb asked Chris Corey for a report on the Human Resources Department. Mr. Corey announced there is one job opening in the city - Laborer II for the Public Works - Street Department. 'fIIIIIIiI Councilman Scoggins asked Brenda Barrett for a report on the Public Works Department. Ms. Barrett announced the curbing is being finished on Sherwood Road; Hawthorne Street sidewalks will be done next and on Thursday, weather permitting, they will be working in Creatwood Subdivision on drainage projects. Ms. Barrett also announced planting of small trees has begun on Atlanta Road and within the next few days her department will be asking for Council input for 1 % Local Option Sales Tax Road projects. Councilman Scoggins asked Kathie Barton to report for Ann Kirk on Smyrna Clean and Beautiful. Ms. Barton announced the "Adopt A Highway" project is scheduled for this Saturday from 8:00 a.m. to 12:00 noon and urged everyone to participate. Ms. Barton also announced in the next month's water bill will be a brochure on how to recycle grass clippings. Ms. Barton announced Smyrna Night at the Braves is scheduled for Tuesday, May 14; and the aquatics program will begin April 22, 1996. Councilman Hawkins asked Kathie Barton to report for Nancy Hancock on the Smyrna Cemetery Association. Ms. Barton announced the cemetery dedication is scheduled for 2:00 p.m. on Sunday, May 12. She also announced there are still bricks available for purchase. Councilman Hawkins stated there was no report from Court Services this evening. Mr. Hawkins stated he would like for the Fire Lanes at different shopping centers to be repainted. Mr. Hawkins stated it was his understanding that this is the responsibility of the property owners. Councilman Hawkins stated he feels the Telecommunications Committee appointed this evening is a very significant committee and under the Federal Communications Law there is a possibility of several hundred companies approaching the city asking to use the city's rights of way for their cables. ..... Councilman Cramer stated there is no report from the Fire Department this evening. Councilman Cramer stated that effective May 1, 1996, there will be a prohibition against open burning in the State of Georgia. Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook reported on the statistics for the Police Department. Mr. Lnenicka then asked Chief Hook to investigate the Fire RESOLUTION FOR THE CITY COUNCIL FOR THE CITY OF SMYRNA WHEREAS, the City of Smyrna has received a request from a telecommunications company now know as MediaOne, Inc. to use the City right-of-way for the installations of teleccmmunications facil i~ies; and I,j WHEREAS, there is a possibility that other telecommunication companies will make like ~ - requests for the use of the City's right-of-way; and WHEREAS, it is in the interest of the City of Smyrna and itS citizens to ensure that use of rights-of-way owned by the City of Smyrna does not unreasonably burden the City or its residents or interfere with the proper use of those rights-of-way; and WHEREAS, space in the City of Smyrna rights-of-way for the installation of cables and other material is limited; and WHEREAS, installation of telecommunications facilities in the City rights-of-way may have environmental impact affecting the City and its residents, including loss or restriction of growth of trees and consequent effect on temperature, energy usage and pollution; and WHEREAS, this C..ouncil believes it has insufficient information at present to process the requests submitted; r IJ NOW THEREFORE, be it RESOLVED this IS' day of /J,Ph oj , 1996 that there is appointed a Right-of-Way Committee for the purpose of investigating the requests of telecommunications companies for use of City of Smyrna rights-of-Way, to investigate and gather information concerning all of the issues listed above, and any other issue it deems appropriate, and to make. a report and recommendation to the City Council concerning management of the City's rights-of-way, concerning the request and anticipated requests of telecommunication companies. , BE IT FURTHER RESOLVED that the Honorable A. Max Bacon may appoint such a committee among the members of the Smyrna City Council in such numbers as he deems appropriate, and to appoint a Chairperson of said committee as he deems appropriate; and BE IT FURTHER RESOLVED the Committee is requested and authorized to meet as frequently as it deems appropriate, and to seek information from telecommunications companies and any other source which might be relevant to or might assist the Committee in considering the current request submitted and the anticipated future requests. / ---, I l I ... ~ .~ ~( :11 ~ : i :1'- ~; ~~~ !1; l~ II" , ' Ii ~ I H ,;'/l Ii "J , 'H~ l,i . ~~ ii' ~ { i 'I' ; ~ ~ II! ;1;1' ,. ;.; :..1'1. 1\; .U '!I!' 'r :.1 m m ,.j,. ',' 'm 'H;. Ii. ~~ : '1_ J:~ I j The Right-of-Way Committee shall report to the City Council upon completion of work, and if possible shall make a recommendation to the Council regarding the request of MediaOne, Inc. for the use of the City's rights-of-way. Honorable A. Max Bacon. Mayor ... ." April 15. 1996 meetinl! - continued Lane markings at Jonquil Plaza. Chief Hook stated they would check on those on Tuesday. Councilman Lnenicka stated that some of the residents in his Ward may have seen a sign at the intersection of Ridge Road and Atlanta Road announcing CVS Pharmacy coming soon. He stated the city has not received any plans for this construction. Councilman Lnenicka complimented the Argyle Estates subdivision for their efforts in improving their neighborhood and held up a copy of a recent newspaper article featuring Argyle Estates as the subdivision '-' of the week during April. Councilman Wood asked Kathie Barton for a report on Community Relations. Ms. Barton reported the Smyrna Museum is having an historic map exhibit at the museum; the Internet web site will be established within the next two weeks with an address of WWW.SMRYNAGA.COM; the Economic Profile for the City of Smyrna will be updated soon; construction update will soon be available. Councilman Wood stated there is no report from the Finance Department this evening. Mayor Bacon thanked the Savannah Park Youth Council for their attendance at tonight's meeting and commended them for staying for the entire meeting. Mayor Bacon also recognized several Campbell High School students who were in attendance at tonight's meeting. Mayor Bacon recognized Frank Bradford and Jim Peters, political candidates, who remained for the entire meeting. With no further business, the meeting adjourned at 8:43 p.m. .. -~ A.MAXBACON,MAYOR t5}f~.v lfl41t ~ MELINDA DAMERON, CITY CLERK 8t~ eCtIl\I}~Jtl ~.. CHARLENE CAPILOUto:"WAiID 1 l~~~' ~~~ ~€~(~ S7.-, ~~ RON NEWCOMB, WARD 2 ()~A1.I-~ f1~~r;;;7Z:/-- WADE S. LNENICKA, WARD 6 ...