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March 4, 1996 Council Meeting March 4. 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 Services Coordinator Brenda Barrett, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathie Barton, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt and representatives of the press. .. Invocation was given by Reverend Vinny Joy, associate pastor of King Springs Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Ms. Becky Williamson, King Springs Baptist Church, who announced their church is sponsoring an appreciation dinner for elected officials, police and fire personnel honoring their contributions to the community. She announced the dinner is March 15, 1996, at King Springs Baptist Church from 7:00 - 8:30 p.m. and personally invited the Mayor and Council to attend. PUBLIC HEARINGS: (A) Business License Request - Atlanta Pawn, Inc. - 3247 South Cobb Drive Mr. Thomson stated Atlanta Pawn, Inc., has submitted their application for their license and Mr. Leon Sokolic will be the agent. Mayor Bacon asked if the applicant was present. He was not. Councilman Hawkins made a motion that this item be tabled to the March 18, 1996, meeting and stipulated he would like Mayor Bacon to ask if the applicant is here again before the meeting IS adjourned. Councilman Cramer seconded the motion. Motion to table the item was approved 7-0. .. (B) Variance Request - 2700 Curtis Drive - Two Accessory Structures on One Lot Mr. Thomson stated the applicant, David Westcott the agent for Howard Johnson's, is requesting this variance. He further stated Howard Johnson's is currently undergoing renovation and part of the requirement for the licensee is to construct a gazebo as an identity element. Mayor Bacon asked the applicant to come forward. He also announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilwoman Capilouto asked Gintaras Lieutuvninkas, with the architectural firm, to briefly explain what they are planning to do. Mr. Lieutuvninkas with The Gettys Group, explained that as part of the liCensing requirements of the hotel, the owner's have to comply with the identity element. He further stated they have made various attempts to comply in other ways, but conditions are such that this gazebo must be built in order to satisfy the requirements. Councilwoman Capilouto stated she met with Mr. Westcott on Friday and the area on which they want to build the gazebo is a triangular piece of property located just off the side door of the hotel and will not go into the parking lot but will just replace an area planted with juniper plants. Councilman Wood asked if the size of the gazebo is 8' by 15' and Mr. Westcott responded that was correct. Councilman Lnenicka asked if there would be any signage and Mr. Westcott responded there would be no signage, only the weather vane logo on top of the structure Councilwoman Capilouto made a motion the variance request at 2700 Curtis Drive to allow two accessory structures on one lot for the purpose of building a gazebo be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. ... (C) Variance Request - 994 Manor Drive - Reduce Front Yard Setback from 40 Feet to 38 Feet Mr. Thomson stated the applicant, Rodney Wall, is adding a front yard to the home at 994 Manor Drive which requires a setback variance. Mayor Bacon asked the applicant to come forward. Mayor Bacon announced this is a public hearing and asked if there was anyone present in opposition to the granting of this variance request. There was none. Councilman Hawkins asked if the property owner Mr. Merritt was present. He was not. Mr. Rodney Wall with Sears represented the property owner and stated they are building a patio cover, not an actual March 4. 1996. meeting - continued porch. The cover will replace the original cover which was lost during a storm this past year but the awning will extend two feet more than the original one. Councilman Hawkins stated in the application package there were signed letters from the neighbors stating they have no objection to the patio cover being built. Councilman Hawkins made a motion the variance request at 994 Manor Drive to reduce the front yard setback from 40 feet to 38 feet be approved. Councilman Wood seconded the motion. Motion was approved 7-0. (D) Variance Request - 5160 Afton Way - Reduce Front Yard Setback from 30 Feet to 26 Feet ...., Mr. Thomson stated the applicant, Drew Lucas, is requesting the variance so that he can enlarge the front porch on his home. Mayor Bacon asked the applicant to come forward. He also announced this is a public hearing and asked if there was anyone present in opposition to the granting of this variance request. There was none. Councilwoman Capilouto asked Mr. Lucas to briefly explain why the variance is necessary. Mr. Lucas stated he had originally built the porch and submitted the drawing to the Afton Downs Architectural Control Committee. He stated on plans submitted, the porch was shown extending all the way across the front of the house. When he started construction, he discovered the building setback lines would not allow him to build across the entire front of his house, therefore he shortened the porch by four feet to be in compliance with City ordinances. He stated the Afton Downs Architectural Control Committee is now requiring him to extend the porch four feet to be in compliance with the plans he submitted to them and which they originally approved. Councilman Newcomb asked Mr. Lucas if his original intent was to build the porch across the entire front of his home and submitted that full-length design to the Architectural Design Committee and then moved it back (shortened it by four feet) when he discovered he would be encroaching on the setback lines. Mr. Lucas stated that was correct. Mr. Newcomb also stated that now the Architectural Design Committee is requesting that he build the porch as shown on the original plans, and Mr. Lucas stated that was correct. He further stated he had tried to re-submit plans for the Design Committee to approve but they ...., want the porch built as shown on the original plans. Mayor Bacon asked if the porch has already been built and Mr. Lucas responded it has been built and he will have to add four feet onto the end of the porch. Councilman Wood stated there were letters from the residents at 5170 and 5158 Afton Way stating they have no objections to the porch. Mr. Lucas stated that was correct. Councilman Newcomb made a motion the variance request at 5160 Afton Way to reduce the front yard setback from 30 feet to 26 feet be approved. Mayor Bacon stated Mr. Newcomb is making the motion as Ms. Capilouto is President of the Afton Downs Homeowner's Association. Motion was seconded by Councilman Lnenicka. Motion was approved 6-0 -1 with Ms. Capilouto abstaining. (E) Business License Request - Wine & Spirits Distribution Group, Inc., d/b/a Corks Beverage Depot _ 2997 Cumberland Circle - Suite 260 - Retail Package License for Beer, Wine and Liquor Mr. Thomson stated Police Department investigation of the agent for the establishment, Robert W. Metcalf, Jr., has revealed nothing that would preclude the issuance of this license request. He further stated the background investigations of Mr. Carl W. Cheek and Mr. John W. Wilson also revealed nothing that would preclude the issuance of this license request. Mayor Bacon asked Mr. Metcalf 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 asked Mr. Metcalf to tell the Mayor and Council about his store. Mr. Metcalf stated the store will be located in a new shopping center that is under construction and will open in mid- June or early July of this year. He further stated his father will be running the business. Ms. Capilouto ....., asked if Mr. Metcalf, Sr., will be the manager for the establishment and Mr. Metcalf, Jr., responded that was correct. Councilman Wood asked Mr. Metcalf about the size of the building in which they will be located. Mr. Metcalf responded it was 10,000 square feet. Mr. Wood asked if the license request is for a retail package license for beer, wine and liquor and would there be any consumption of alcohol on the premises. Mr. Metcalf responded it was for retail sales only and there would be no consumption on the premises. Ms. Capilouto asked Mr. Metcalf if they would card everyone who wanted to purchase alcohol and Mr. Metcalf responded they would. Ms. Capilouto asked Mr. Metcalf if he was aware the City of Smyrna periodically conducts sting operations and Mr. Metcalf responded he was aware of that. .. ... ... March 4. 1996. meeting - continued Councilman Hawkins asked Mr. Metcalf to explain exactly where the business would be located. Mr. Metcalf responded it would be across from Chuck E Cheese's Restaurant on Spring Road. Councilwoman Capilouto made a motion the alcohol license request for retail package beer, wine and liquor be approved for Wine & Spirits Distribution, Inc., d/b/a Corks Beverage Depot at 2997 Cumberland Circle, Suite 260. Councilman Scoggins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Bid Opening (Bid #96003) - F150 Truck for Community Development Department Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Chuck Clancy Ford Wade Ford Jim Tidwell Ford Southlake Ford, Inc. Thornton Chevrolet, Inc. $16,998.50 $16,916.50 $16,650.00 $16,841.20 $16,729.00 Councilman Newcomb made a motion the bids be turned over to the Community Development Committee for their review with a recommendation brought back before Mayor and Council at the March 18, 1996, meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Amend Cash/Property Bond Schedule Mr. Thomson stated the Municipal Court Bond Schedule has been reviewed by the Police Chief, Judge and City Solicitor and the Court Services Committee has met on this item. He further stated they recommend the approval of the revisions to the bond schedule to become effective July 1, 1996. Councilman Hawkins stated the revised bond schedule was presented at the Court Services Committee meeting and they feel they are reasonable. He further stated it will bring the City's fine schedule for Municipal Court on certain offenses up to a more equitable basis with other municipalities. He also stated there were several offenses but a couple of major interest are parking in a fire lane and in a handicap parking space. Councilman Hawkins stated the revised fine schedule will be available in the City Clerk's office. Councilman Hawkins stated the new fine for parking in a fire lane will be $40 and parking in a handicap space will be $100. Councilwoman Capilouto asked that the committee review increasing the fine for jaywalking; Councilman Newcomb asked that the committee review increasing the fine for running a red light. Councilman Hawkins made a motion the revised Cash/Property Bond Schedule be amended. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Authorize the Mayor to Execute Letter of Intent to Contract with Beers Construction to build the Police/Jail Facility Councilman Lnenicka stated the city has had a number of meetings with construction firms to ensure the new police/jail facility be built within the budget set by the City. He further stated that Metric Contractors was not able to build the building within the budget set by the City and therefore the City turned to BEERS Construction, one of the top finalists when bids were originally solicited. Mr. Lnenicka stated Mr. Dwight Morgan, representative for BEERS Construction is present tonight and will answer any questions anyone has of him. Mr. Lnenicka stated BEERS Construction is a fine firm and has agreed to build the police/jail facility within the budget determined by the City. Mr. Lnenicka stated he is pleased to announce tonight that BEERS has stated they can build the police/jail facility within the budget and only need a letter of intent to contract with BEERS Construction in order to begin construction. Councilman Lnenicka made a motion to authorize the Mayor to execute a letter of intent to contract with BEERS Construction to build the police and jail facility. Councilman Hawkins seconded the motion. Councilman Scoggins asked Mr. Morgan to come forward. Councilman Scoggins asked Mr. Morgan when they would begin construction. Mr. Morgan stated as soon as the Mayor executes the letter of intent, they will begin getting the subcontractors and finalizing the subcontracting plans and be on site as early as the end of March. He also stated it would take twelve months to build the facility. Mayor Bacon asked Mr. Morgan for a quick update on the Municipal Services building. Mr. Morgan stated they have a lot of the structural steel work completed; the second floor slab has been poured; started the exterior wall work; the wood rafters that will mount the cupola will arrive this week and will be erected soon. Motion was approved 7-0. March 4. 1996. meeting - continued COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: .... (A) Approval of February 19, 1996, Minutes (B) Approval to Use Council Chambers - Sunday, March 24, 1996, From 7:00 - 9:00 p.m. - Falling Waters Homeowners Association Meeting - Ward 1 (C) Approval to Solicit Bids for Materials for Atlanta Road Landscaping Project Councilman Lnenicka made a motion to suspend the rules in order to add an item to the Consent Agenda. Councilman Wood seconded the motion. Motion was approved 7-0. Councilman Lnenicka stated he would like to add as item 7-D - Approval to Use the Council Chambers, March 14, 1996, from 7 - 9:00 p.m. for a Meeting of the Cedar Cliffs Neighborhood Association Meeting - Ward 6. Councilman Cramer made a motion Item 7-D (stated above) be added to the Consent Agenda. Councilman Wood seconded the motion. Motion was approved 7-0. Councilman Lnenicka made a motion the amended Consent Agenda be approved. Councilman Wood seconded the motion. Motion to approve the amended Consent Agenda was approved 7-0. COMMITTEE REPORTS: Councilman Cramer asked Chief Williams for a report on the Fire Department. Chief Williams reported the Fire Department had been audited and passed all the requirements to operate within the State of 'WIll Georgia. Councilman Cramer stated he will host a Ward 5 meeting later in March but the date, place and time has not yet been determined. He stated residents of Ward 5 will be notified by mail at a later date. Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook stated he did not have a report but expressed his thanks to the Mayor and Council for moving forward with the necessary paperwork in order to begin construction on the new police and jail facility. Councilman Lnenicka asked Chief Hook to explain what the National Technology Transfer Center Office of Law Enforcement Technology Commercialization is. Chief Hook stated it is a national board with 18 members from across the United States charged with reviewing technology that is available and its applicability to the criminal justice field and he has been nominated to serve on this board. Chief Hook stated he will begin to serve on it sometime in the near future. Councilman Lnenicka reminded everyone of the Cedar Cliffs Neighborhood Association meeting to be held at City Hall on Thursday, March 14, from 7 - 9:00 p.m. Councilman Lnenicka then asked City Engineer Ken Hildebrandt to give an update on what is going on in reference to the traffic signals on Atlanta Road. Mr. Hildebrandt reported all the loop detection devices have been installed but have not been activated. He further stated he spoke with the Cobb D.O. T. today and they indicate the work will be completed this week. -- Councilman Wood asked Kathie Barton for a report on Community Relations. Ms. Barton stated she has been in touch with the Ai Burruss Institute discussing the possibility of developing a long-term marketing plan for the City. Ms. Barton also announced the beauty pageant will be this Sunday, March 10, at the Community Center from 2 - 4 p.m.; the city has been assigned but not secured an address for our Internet but hopefully it will be WWW.SmyrnaGeorgia.com. Councilman Wood stated there is no report from the Finance Department tonight but stated there is a lot of work going on with the preparation of the FY97 Budget. March 4. 1996. meetinQ: - continued Councilwoman Capilouto asked Michael Seigler for a report from the Library. Mr. Seigler reported the advanced art students from Campbell High School have their works on display in the gallery; tax return workshops are available at the Library on Wednesdays from 12 - 4 p.m. and there are plenty of tax forms available. Mr. Seigler thanked the Jonquil Garden Club for their donation of a beautiful flower arrangement to be used in the Library. Councilwoman Capilouto then asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio stated the city-wide Easter egg hunt will be March 26 at the American Legion; Smyrna Night ... at the Braves (May 14) tickets are available at the Community Center for $17 and a bus has been rented to transport persons interested he also reported the Community Center will be a polling place for the Presidential primary. Councilman Newcomb stated he had no reports this evening. Councilman Scoggins asked Brenda Barrett for a report from the Public Works Department. Ms. Barrett reported the curb and gutter work on Lynhurst is finished and they are almost finished with Cherokee Trail, they will then go to Cobb Circle and Plaza Drive. Ms. Barrett reported they are working on the drainage projects on Valley Oak. Paving work will continue on Tuesday in an effort to finish the 1% list. Councilman Scoggins asked Kathie Barton to report for Ann Kirk on the Smyrna Clean and Beautiful department. Ms. Barton reported 1500 surveys have been returned on the composting program; reminded everyone there is a cardboard collection bin at the Library for recycling; the Smyrna Clean and Beautiful Awards Banquet will be March 20, 1996, at the Community Center beginning at 6:30 p.m. with Marc Pickard as the keynote speaker. Councilman Scoggins announced the leaf collection vacuum has been tested at the Public Works complex and is working fine. ... Councilman Hawkins reported the Court Services Department is actively pursuing warrants for unpaid violations or incomplete community service time. He further stated there will be a 30-day grace period for those persons who may have failed to show up for a court date, failed to pay a fine or if they did not complete their community service work. City Clerk Melinda Dameron reminded everyone to vote in the Presidential Primary to be held tomorrow. Mayor Bacon then asked if the applicant for the Atlanta Pawn, Inc. was in the audience. The applicant was not present. eeting adjourned at 8:33 p.m. ~ (\'- ~ ;.J!JlIIJ ~~ CHARLENE CAPILOU 0, WARD 1 ~t~}1- lDtl4)t6;[~ MELINDA DAMERON, CITY CLERK J~ A. MAX BACON, MAYOR ... BILL sca GINS, WARD ~~~ ~~~