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February 19, 1996 Council Meeting February 19, 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 Director Ray Curtis, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathie Barton, Clean and Beautiful Coordinator Ann Kirk, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. ... Invocation was given by Reverend Jimmy Cargle, pastor of Locust Grove Baptist Church, followed by the pledge to the flag. Mayor Bacon recognized Lewis Massey, Secretary of State, who stated he is at the Capitol to help the cities and to serve the citizens. He also congratulated the city on its progressive growth during the past few years. Mr. Massey stated he has three priorities he would like to list: telemarketing, reducing regulations on Georgia businesses, and making it easier for people to participate in the democratic process. Mr. Massey then thanked the Mayor and Council for allowing him to come to the council meeting and he further stated the Secretary of State's office has an open door policy and urged anyone who needed assistance to contact his office. CITIZENS INPUT: Mayor Bacon recognized Milton Williams, 1370 Quarles Avenue, and he stated there were two things he wished to talk about. One is the fact that people on Spring Road/Concord Road from the side street are not left a space in the outside lanes by those people on Spring Road/Concord Road and he stated he thought something needs to be done to correct that; the second item he wanted to discuss is the speed hump on Quarles Avenue and he stated he would address that later that evening. Mayor Bacon asked the City Engineer to see that "balk" lines and "do not block intersection" signs are installed at the intersections on Spring Road and Concord Road that need them. .. PUBLIC HEARINGS: (A) Business License Request - Atlanta Pawn, Inc., 3247 South Cobb Drive Mr. Thomson stated Mr. Leon Sokolic will be the agent for Atlanta Pawn, Inc. He stated Mr. Sokolic has been given a copy of the ordinance and the police department background investigation has revealed nothing that would preclude the issuance of this license. Mayor Bacon asked if the applicant,Mr. Sokolic, was present. He was not. Mayor Bacon asked for a motion to table this request until the first meeting in March. Councilman Hawkins made a motion the business license request for Atlanta Pawn, Inc. at 3247 South Cobb Drive, be tabled to the March 4, 1996, meeting. Councilman Wood seconded the motion. Motion to table the request was approved 7-0. (B) Close and Abandon Davis Street Mr. Thomson stated the recommendation from the City Engineer in conjunction with the dual track on the railroad is that this short street connecting Atlanta Road and Dixie Avenue be closed. Mayor Bacon stated this is a public hearing and asked if anyone was present to speak either in favor or opposition to the closing of Davis Street. Mayor Bacon asked those persons to come forward and be sworn m. City Attorney Chuck Camp ... administered the oath to Joe Gillam and Jim Womack. Mr. Gillam stated he and Mr. Womack own businesses on Davis Road and he felt closing that intersection would wreak havoc on their property value. He stated they use that intersection a lot to test drive every car they work on and if they close that street, they would have to turn either left or right on Dixie Avenue and go to two traffic lights in order to get to Atlanta Road. He stated that would create a five minute time span for them to get to Atlanta Road and with them test-driving perhaps thirty cars a day would add a lot of time to the drive time of his six mechanics who test drive cars all day long. He stated his business uses that intersection a lot. He also stated that it would add a couple more turns to directions he gives to prospective customers trying to find his business. February 19. 1996 meeting. - continued Councilman Scoggins stated in the past there have been several tractor trailer trucks that have been "stuck" on the tracks at the Davis Street crossing due to the steep grade and created a problem for traffic. He also stated the CSX Railroad is adding a dual track at that location and for safety reasons it would be best to close the crossing at Davis Street. Councilman Scoggins indicated the City Engineer can synchronize the traffic signal at Windy Hill to allow for exit onto Windy Hill from Dixie Avenue and the County has indicated they will provide a left-turn arroW at the Dixie Avenue/Windy Hill Road intersection. Councilman Scoggins made a motion to close the Davis Street crossing at Atlanta Road for safety reasons. Councilman Newcomb seconded the motion. Motion was approved 7-0. ...." (C) Annexation of Property - 1511 Debra Drive and 1496 Forest Drive - 1.22 Acres Mr. Thomson stated the validation of the petition for annexation of this property was held January 19, 1996, and the legal notices have been posted and tonight is the public hearing and vote for the annexation of the subject property. The annexation will become effective March 31, 1996. Mayor Bacon asked if either of the applicants were present. They were not. Councilman Lnenicka stated the Landers, 1511 Debra Drive, and the Montalvo's, 1496 Forest Drive, have petitioned the city to be annexed. Councilman Lnenicka made a motion that the property at 1511 Debra Drive and 1496 Forest Drive be annexed to become a part of Ward 6 with an effective date of March 31, 1996. Councilman Scoggins seconded the motion. Motion was approved 7-0. (0) Alcoholic Beverage License Request - Package Beer and Wine - Eckerd Corporation d/b/a Eckerd Drugs #410 - 3821 South Cobb Drive Mr. Thomson stated John Joseph Strother, Ill, will be the agent for the establishment and has been given a copy of the Alcohol Beverage Ordinance and the Police Department investigation has revealed nothing that would preclude the issuance of this request for package beer and wine. Mayor Bacon asked if the applicant was present. Mayor Bacon asked Mr. Strother to come forward and announced this is a public hearing. He then asked if there was anyone present in opposition to the granting of this license request. There was opposition. Mayor Bacon asked that they come forward and be sworn in. City Attorney ..., Chuck Camp administered the oath to John Tullie, 2815 Fraser Street. Councilman Hawkins asked Mr. Strother to explain where the store is located. Mr. Strother stated it is located at the corner of King Springs Road and South Cobb Drive. Councilman Hawkins stated the location meets all the requirements for obtaining the license and the background investigation revealed nothing that would preclude the issuance of the license to Mr. Strother. Mr. Hawkins asked Mr. Strother if he has held a license before and he responded he had not. He stated he has been with Eckerd Drugs for eight years and is the manager. Councilman Hawkins asked Mr. Strother if he has read the Alcoholic Beverage Ordinance for the city and he responded he had. Councilman Hawkins told Mr. Strother it would be in his best interest to train his employees for the sale of alcoholic beverages. Mr. Strother stated he would. Councilman Lnenicka asked Mr. Strother what type training he would give his employees. Mr. Strother responded only management will be allowed to sell alcohol and if a purchase is made, the employee has to call management to ring up the sale. Mr. Strother stated he and his management staff will read the ordinance to make sure everyone is familiar with it. Mayor Bacon recognized Mr. Tullie. Mr. Tullie stated he has a problem with drug stores selling alcoholic beverages. He stated his wife is afraid to go to the drug stores in the evenings. He stated he did not think a drug store, with controlled substances, should be allowed to sell alcoholic beverages of any kind. Councilman Hawkins made a motion that the alcoholic beverage license request to sell package beer and ..., wine for Eckerd Drug Store at 3821 South Cobb Drive be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (E) Alcoholic Beverage License Request - Agent Change Only - Winn Dixie Store #1821 - 2350 Spring Road Mr. Thomson stated Dickie Lee Langston will be the agent for the establishment and has been given a copy of the ordinance. He further stated the Police Department investigation revealed nothing that would February 19. 1996 meeting - continued preclude the issuance of this license request. Mayor Bacon asked the applicant to come forward. Mayor Bacon asked if there was anyone present in opposition to the granting of this request. There was none. -- Councilman Newcomb stated this is an agent change only and is for package beer and wine. Mr. Newcomb then asked Mr. Langston what other stores he supervises and their internal policies. Mr. Langston stated he supervises nineteen stores and they have cashier training programs which cover the State and local laws. Mr. Langston stated that as far as the city ordinance goes, his employees come to the city and get their permit and are issued the city's ordinance which they sign off on stating they understand it. He further stated the management is re-grouped and re-skilled on all the alcohol permits as far as ordinances go. Mr. Langston stated if a member of management violates the ordinance, documentation is placed in his file and he monitors the stores and do their own type of sting operations to be sure the store is not selling improperly. Councilman Wood asked Mr. Langston if he is the agent for the other Winn Dixie Stores in Cobb County and he responded he is the agent for only certain stores and this is the only store that has required an agent change request. He stated the reason for this request is due to the fact that the manager of this location does not meet the Cobb County residency requirement as he lives in Paulding County. Councilman Newcomb made a motion the alcoholic beverage license request - agent change only - at Winn Dixie #1821,2350 Spring Road be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Amendment to Personnel Policies and Procedures Manual Mr. Thomson stated the purpose of the new section of the manual is to provide an orderly method for either creating/establishing a job classification or reclassifying an existing position to a more appropriate previously established job classification. .... Councilman Newcomb stated that as improvements to the Personnel Policies and Procedures Manual are discovered, recommendations such as this come out of the Human Resources Committee. He further stated this is an internal policy and procedure, not something that affects the citizens. He stated the purpose is to say that if, from time to time, there is a position that needs to be reclassified to a different position, here is an orderly procedure by which it can be done. He also stated the procedure is that the department head has to make a compelling justification, that requests for reclassification should be avoided, then it goes to the budget issue - are there funds or would additional funds have to be allocated - then goes to the Director of Human Resources who makes those kinds of comparisons between that position and other classifications. The Director of Human Resources performs an audit and makes a recommendation to the City Administrator, who then advises the Committees involved of the action, and notifies the Mayor. These persons then provide comments to the City Administrator who in turn will make a final decision. Mr. Newcomb stated the process is cumbersome by intent. Councilman Hawkins stated he has problems with it based on the fact that it is a very cumbersome process. He also stated the fact that the City Administrator requiring the concurrence of the affected Committee chairs might create problems. He stated he felt that as long as the reclassification meets the budgetary requirements, it should be a matter left to Human Resources, City Administrator and the Mayor. He stated he could not support it because it will put the council in a position of having to decide who does or does not get reclassified. He cited the fact that the council members are, in fact, part-time employees and he would not be comfortable unless the Mayor is given the opportunity to sign off on any reclassification. He stated he could not support this item. ... Councilman Newcomb made a motion the amendment to the Personnel Policies and Procedures Manual be approved for the reclassification of positions. Councilman Lnenicka seconded the motion. Motion was approved 6-1 with Mr. Hawkins opposed. (B) Approve Donation of Needed Right of Way for Spring Road Widening Mr. Thomson stated this is related to the Spring Road Widening project and the needed right of way property is located in Land Lot 737 at the northeast corner of Dundee Drive and Spring Road, with a total square footage area of 2,250 square feet. February 19. 1996 meeting - continued Councilman Newcomb stated the Cobb County D.O.T. has required all the needed parcels on the north side of Spring Road for this project and a few other pieces of land needed for cuI de sacs but the one piece remaining that they need is the property at the northeast corner of Dundee Drive and Spring Road. Councilman Newcomb made a motion that the donation of the needed right of way for the Spring Road widening project be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Smyrna Assembly of God - 4100 King Springs Road ....., Councilman Wood stated the Smyrna Assembly of God has applied for a building permit for a 21,739 square foot addition to their existing building for a sanctuary and office space. He further stated the estimated cost of construction will be $1,000,000. Councilman Wood made a motion the building permit for the Smyrna Assembly of God be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Sunrise Construction - Video Store - 3295 South Cobb Drive Councilman Hawkins stated this building permit is for renovation of the old Po Folks restaurant on the corner of South Cobb Drive and Concord Road. The estimated cost of construction is $165,000. Councilman Hawkins made a motion the building permit for the construction of a video store at 3295 South Cobb Drive be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (C) Space Construction and Development - Riverview Road Councilman Wood stated this permit is for the construction of a 60,000 square foot industrial building and the estimated cost of construction is $1,400,000. The construction will be for a Kenworth of Atlanta Truck Dealership located on Riverview Road. Councilman Wood made a motion to approve the building permit for Space Construction and Development for Riverview Road. Councilman Lnenicka seconded the motion. Motion was approved 7-0. BID AWARDS: ....., (A) Bid #96001 - Trailer-Mounted, Self-Contained 25-Yard Leaf Collector (public Works Department) Councilman Scoggins made a motion that Bid 96001 for a trailer-mounted, self-contained 25-yard leaf collector be awarded to ODB Municipal Products, the low bidder, for a total cost of $19,900. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Bid #96002 - John Deere 510D Loader Backhoe (public Works Department) Councilman Scoggins made a motion that Bid 96002 for a John Deere 510D loader backhoe be awarded to Metrae, Inc., the low bidder, for a total cost of $82,505. Councilman Wood seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of February 5, 1996, Minutes (B) Approval to Install Speed Bumps on Fraser Street (C) Approval to Install Speed Bumps on Quarles Avenue (D) Approval to Solicit Bids - Ladder Truck for Fire Department (E) Approval to Install Traffic Signal - Highlands Parkway and Oakdale Road Councilman Hawkins made a motion that Items 7-B and 7-C be removed from the consent agenda to allow discussion on these two items. Councilman Lnenicka seconded the motion. Motion to remove Items 7-B and 7-C from the Consent Agenda was approved 7-0. ....., Councilman Lnenicka made a motion that Items 7-A, 7-D and 7-E of the Consent Agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0. Councilman Hawkins stated for Item 7-B - Approval to Install Speed Bumps on Fraser Street - he had received a petition several weeks ago requesting the installation of the speed bumps. He further stated Februarv 19. 1996 meeting - continued the petition was signed by twenty residents of Fraser Street. Councilman Hawkins stated since receiving the petition he had mailed letters to the residents of Fraser Street, Wills Street and Quarles Avenue soliciting input from the affected residents. He indicated not all the residents wanted the speed humps installed however the majority of the residents are in favor of the speed bumps. He then asked any resident who wanted to speak either in favor of or against the installation of speed humps on Fraser Street to come forward. Ms. Gay Henderson, 2806 Fraser Street, spoke in favor of the speed bumps; Mr. John Tullie, 2850 ... Fraser Street, spoke in favor of the speed bumps but stated there had never been any police presence on Fraser Street. Councilman Hawkins made a motion the installation of speed bumps for a period of six months be approved. He also stated he wanted the speed bumps located as near the middle of the street as possible to prevent the people living near the ends of the street from having to drive over them every day. Councilman Cramer seconded the motion. Motion was approved 7-0. Councilman Hawkins stated Item 7-C - Approval to Install Speed Bumps on Quarles Avenue - was the same type issue as Item 7-B. He then asked if anyone was present from Quarles Avenue who wanted to speak either in favor of or in opposition to the installation of speed bumps on Quarles Avenue to come forward. Mr. Tom White, 1389 Quarles Avenue, spoke in favor ofthe speed bumps; Mr. Williams spoke in favor of the speed humps; Ms. Helen Andrasko, Wills Street, stated Quarles Avenue is a very short street and she does not think that two speed bumps are necessary. Councilman Hawkins stated there were seven signatures on the petition requesting speed bumps. Councilman Hawkins made a motion the installation of speed bumps on Quarles Avenue to be placed as near the middle ofthe street as possible be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. ... COMMITTEE REPORTS: Mayor Bacon recognized Cameron DeLoach, Smyrna Cable TV, who had been ill recently but is now back at work. Councilwoman Capilouto stated Mr. Seigler did not have anything to report from the Library. Ms. Capilouto then asked Steve Ciaccio for a report from the Parks Department. Mr. Ciaccio reported there is a program titled "The Health Essentials Seminar" taking place at the Community Center on March 5; Smyrna T-ball registration will be March 9, 16 and 23; Youth Baseball Camp registration will be March 8; new classes beginning in Water Colors - March 13; aerobic dance - March 4; and "Escape and Empowerment for Seniors _ February 27; and Escape and Empowerment for men, women and children. Councilman Newcomb asked Mary Ann White for a report from the Human Resources Department. Ms. White reported there were four job openings; part-time Community Center Supervisor; Aquatics Leader (seasonal position); lifeguards (head guard, pool manager); light equipment operator for the Public Works Department. Councilman Newcomb announced there will be a Community Development Committee Meeting on Tuesday, February 27, at 5:00 p.m. and one main item of interest is the Road Corridor Overlay District ordinance . Councilman Scoggins said he did not have any reports from Smyrna Clean and Beautiful or the Public Works Department. ... Councilman Hawkins stated he had no committee reports for this evening. Councilman Cramer asked Larry Williams for a report from the Fire Department. Chief Williams stated Wednesday, February 22, is the date for the state-wide tornado drill. Councilman Lnenicka asked Chief Hook for a report from the Police Department. Chief Hook stated he did not have a report. Februarv 19. 1996 meeting - continued Councilman Lnenicka reminded the residents of Argyle Estates of their meeting to be held Tuesday, February 20 at 7:30 p.m. in the Council Chambers. Councilman Lnenicka thanked the Public Works Department and the Community Development Department for the sidewalks that are being built in front of the Old Vinings Mill subdivision on Cooper Lake Drive. Councilman Lnenicka then asked City Engineer Ken Hildebrandt about the detector loops at the traffic lights and synchronization of the signals on Atlanta Road. Mr. Hildebrandt reported the County has finished the work (detector loops and synchronization) on the signals on Atlanta Road but the pedestrian signalized crossings have not been completed. Mr. Hildebrandt stated the synchronization project on South Cobb Drive should be completed within the next several weeks. ....- Councilman Wood asked Claudia Edgar for a report from the Finance Department. Ms. Edgar reported the city is now in the seventh month of FY96 and the city is operating within budget and have expended 58% of the budget thus far. Ms. Edgar reported the city has collected about 62% of the projected revenue which is above normal; 96% of the current taxes have been collected and by the end of the year that should be about 97 - 98%. Councilman Wood reported Kathie Barton is out of town and he stated the Community Relations Department had participated in the Cobb Chamber of Commerce Small and Home-based Business Exposition which was extremely successful. Councilman Wood stated that the installation of the traffic signal at Highlands Parkway and Oakdale Road, which was approved this evening, is a very significant event for persons in that part of the city. He further stated that is a very dangerous intersection and the signal should be beneficial and will hopefully will be installed within the next two weeks. Mayor Bacon announced there was an article recently published in the local newspaper about volunteers that will be carrying the Olympic torch and the following persons from Smyrna were listed: Charles Foster; Martin McCormick, Robert Fink, Garlow Codehaven and Gary Myers. Mayor Bacon also announced there will be a "Share in the Gold" event, March 31, at Cumberland Mall. This event will -- benefit the U.S. Team Handball and there will be a dinner, dance and silent auction. ~~ng'djonr:;:k ~kA~ A. MAX BACON , MAYOR MELINDA DAMERON, CITY CLERK 2,fiOi,1l1M r~~ J~ CHARLENE CAPILOUTO, WARD 1 RON NEWCOMB, WARD 2 3 ;J~ARD4 . WADE S. LNENICKA. ~ ....., /1AL~~ ~RAMER, WARD 5