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February 5, 1996 Council Meeting February 5. 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 Frank Hammond of Mt. Zion Baptist Church, followed by the pledge to the flag. Mayor Bacon recognized Tom Sconzo, Smyrna West Soccer Association. Mr. Sconzo presented Steve Ciaccio with a plaque in appreciation for the work Mr. Ciaccio and his staff have performed in conjunction with the Smyrna West Soccer Association. Chief Hook and Chief Williams presented Ron Waddell, Smyrna Police Officer, with the "Life Saver" award for his efforts on December 5, 1995. Mr. Waddell performed CPR to a person on Cumberland Circle who was suffering from cardiac arrest. When the paramedics from the fire department arrived, Officer Waddell was administering CPR and as a result Mr. Harry Morris recovered and so far is doing well. Officer Waddell expressed his appreciation to the departments responsible for presenting the award. CITIZENS INPUT: There was none. PUBLIC HEARINGS: (A) Variance Request - 3536 Atlanta Road - Reduce Required Number of Parking Spaces ... Mr. Thomson stated this variance request is for the southwest corner of Ridge Road and Atlanta Road and the variance is necessary due to the topography of the area. He stated the applicants, Branch Development, are requesting the variance in order to build a pharmacy at this location. Mayor Bacon asked the applicant to come forward and stated this is a public hearing and asked if there was anyone present in opposition to the granting of this variance request. Mayor Bacon then asked those persons to come forward and be sworn in if they wish to speak for or against this issue. Mr. Camp administered the oath to those persons. Councilman Lnenicka stated Mr. Bob Preston, Preston Philips Partnership, Inc, is present and asked him to explain what they are requesting and why it is necessary. Mr. Preston, representing Branch Properties, stated there is a relationship between the variance request and the curb cut on Ridge Road. He stated the curb cut has not yet been resolved and further stated he had met this afternoon with the City Engineer to further pursue the curb cut and to look at a more restrictive curb cut. He stated they are in the process of preparing new drawings which the City Engineer has agreed to review and comment on by the middle of this week. Mr. Preston stated that given that information, he is really requesting deferral on this variance request based on the results of the curb cut issue. He stated he would be more than happy to answer any questions concerning the parking variance and indicated he thought it would be appropriate to refer any questions concerning the curb cut issue to the City Engineer. ... Mayor Bacon stated he had received a letter from Mr. Preston's office today stating they were going to withdraw their request for the curb cut and that it would not be needed. Mr. Preston responded that was correct butZthat there is a one-week deadline for withdrawing such requests and he did not make that deadline. Councilman Lnenicka stated that Section 1303.Z of the Code of Ordinances did stipulate the one-week notice for withdrawal of variance requests. Mr. Preston stated that was why he was before Council requesting a deferral. Councilman Hawkins asked if the reason Mr. Preston can not get the required number of parking spaces on the property is due to the curb cut. Mr. Preston stated it was due to the topography and the February 5, 1996 meeting - continued differential in grade of about a 35 foot drop at the rear of the property and substantial grades that make it impossible to utilize the property and stated he is losing about 25 % of the site due to topographical features of the site. Mr. Hawkins then asked if he dropped the curb cut (on Ridge Road) would it allow him to have any more parking spaces. Mr. Preston responded if he dropped the curb cut, he could possibly pick up three spaces and still would not meet the requirement for parking spaces. Councilman Lnenicka stated there was a public meeting January 18 to discuss this issue and based on the public input asked Mr. Preston if he had revised or re-submitted any of his plans or drawings pertaining to this site. Mr. Preston responded the only plans previously submitted were site plans and no building plans have been submitted since then. He stated he had already submitted building plans for the building permit. Mr. Preston said he is waiting for comments back from the engineer in reference to the site plans. Mr. Lnenicka asked Mr. Preston if he has had several conversations with the City Engineer about the site plans and Mr. Preston stated he had but they were inconclusive about what has been approved and what has been denied. He stated he would prefer to defer to the City Engineer and that they had met this afternoon and reached an agreement to revisit a more restrictive curb cut and submit it by the middle of this week for review and comment. Mr. Lnenicka then asked Mr. Preston if he had submitted plans to Cobb County for review. Mr. Preston responded he had. Mr. Lnenicka asked if the County had responded. Mr. Preston responded they have provided written comments which he has not been privy to although he has had discussions with Cobb County. Mr. Lnenicka asked Mr. Preston if he has a civil engineer consulting with him that has seen the comments from Cobb County. Mr. Preston responded that was correct. Mr. Lnenicka stated he has not seen the comments but understands Cobb County said basically that they were concerned about the sight distance at the curb cut and were not convinced that the sight distance was achievable and based on the sight distance not being proven they were recommending denial of the curb cut on the site. Mr. Preston stated their first initial review was recommending denial but that was without any input. Mr. Preston stated he had received those comments but that Cobb County has since come back and stated this is not the typical curb cut due to a guard rail which the County has requested be included. He stated the guard rail is not currently on Ridge Road and there are a number of locations where the guard rail could be placed - 2 feet from the curb, 8 feet from the curb or 15 feet from the curb - and the right of way varies considerably from the bottom of Ridge Road to the top and the exact placement of the guard rail impinges on the sight distance. He further stated Cobb County has offered they go ahead and actually grade and clear the right of way such that they could make a visual inspection at the top of the hill to confirm whether or not sight distance would be a problem. He stated that was why he had met with the City Engineer today to discuss the placement ofthe guard rail. Mr. Lnenicka asked if Cobb County had given him permission to grade that sight and Mr. Preston said no. Mr. Preston stated Cobb County suggested that given this was more than the typical curb cut, it was taking a little more time to research, analyze and evaluate and because of the gradient and the curve in the road, they suggested that possibly the best thing to do would be to grade it and then do a visual inspection after it was graded. Mr. Lnenicka stated from the City of Smyrna's perspective they have not yet seen any revised plans or amendments for the city to review. Mr. Preston stated that was correct. Mr. Preston stated he had been denied that opportunity because he had not received any comments from Cobb County until Thursday of last week. He further stated he had spent most of Friday on the phone with Cobb County trying to ascertain exactly what their comments are and then he started back on it as recently as today trying to reach a resolution. He stated it isn't possible, given that the curb cut is currently inconclusive, and they are still in discussion with the City Engineer as to what may be viable. Mr. Lnenicka stated that was true that he is still in discussion, but at this point Mr. Preston still has not presented Mr. Hildebrandt with any new or amended plans for him to review, comment on, approve or disapprove based on any of this. Mr. Lnenicka then asked City Attorney Mr. Camp about Mr. Preston's statement that he had been denied an opportunity because he was waiting on Cobb County to comment on his plans even though he chose to submit those plans to Cobb County for their comment, has the city somehow denied him due process because he sought some review or comment from Cobb County on this. Mr. Camp responded he knew of no such requirement that he submit those plans to Cobb County. Mr. Preston asked if order to build a curb cut, he did not have to have Cobb County's approval. Mr. Camp responded not on a city street. Mr. Preston stated the street is maintained by Cobb County and was under the impression it is Cobb County's right of way. Mayor Bacon stated he understood that the jurisdiction for that road is 100% City of Smyrna and that Cobb County would not have that much to do with it and that our engineering department would have final say so about it. Mr. Lnenicka stated he had talked with Commissioner Joe Lee Thompson and Mr. Thompson had told him the city had total jurisdiction. Mr. Preston asked if our City Engineer had communicated that to Cobb County D.O. T. Mr. Lnenicka stated he had communicated with Commissioner Thompson on that issue. Mr. Preston stated he had been under the false impression that Cobb County is still a part of this decision process. Mr. Lnenicka stated Mr. Preston had said he submitted plans to Cobb County for their review and comments. Mr. Preston stated that was done at the request of Cobb County. Mr. Preston stated he would much rather deal with the City of Smyrna and not Cobb County. Mayor Bacon asked why Cobb W1IIfIIl - - Februarv 5. 1996 meetin~ - continued County requested him to submit plans to them. Mr. Preston responded he had talked with Janice Killian, Cobb County D.O. T., who said it was a Cobb County maintained road and that it is Cobb County right of way. He stated she further indicated the Transportation Department has the right to approve, albeit in this situation, they were doing so in conjunction with the City of Smyrna. He further stated it was still his understanding, and again he stated he would like to defer to Mr. Hildebrandt on this. ... Mayor Bacon then asked those in opposition or favor of the variance request to come forward. The following persons spoke in opposition to the granting ofthe variance request. Mr. Charles Perkins, 1741 Point Pleasant, Mr. George Mercurius, 5000 Ridgehurst Drive, Donald Necovsky, 3510 Cedar Valley Drive, Mr. Joseph Dicorpo, 4230 Ridgehurst Drive, citing safety concerns. Councilman Lnenicka stated the city is charged with promoting the health, safety and welfare, order and prosperity of present and future inhabitants of the city. He further stated the need for the variance request is based on the site plan submitted to the city which includes a curb cut on Ridge Road. He stated the council has heard from citizens tonight concerned about safety issues and further stated the City Engineer has not approved the plans submitted. He further stated the City Engineer has expressed concerns about the traffic flow around the building and other issues. Mr. Lnenicka stated Mr. Preston has requested this variance be tabled but 1303.2 of Appendix A clearly states that the applicant has the authority to request withdrawal if submitted in writing seven days prior to the hearing and Mr. Preston has not complied with that Section. Councilman Lnenicka stated he has a petition with 33 or 34 signatures protesting the variance request. Councilman Lnenicka made a motion the variance request for the CVS site at 3536 Atlanta Road to reduce the number of parking spaces be denied. Councilman Cramer seconded the motion. Motion to deny was approved 7-0. (B) Variance Request - 5002 Rose Court - Reduce Front Yard Setback from 20 Feet to 11.5 Feet Mr. Thomson stated Mr. Charles Jackson, builder, is making a request to reduce the front yard setback by 8.5 feet. He further stated the letter of hardship indicates that the lot was laid out by another builder and not discovered until later . Mayor Bacon stated 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 Cramer asked Mr. Jackson to briefly describe the hardship and why the variance is requested. Mr. Jackson stated in order to build the house on the lot, there is just not enough room without the variance. Mr. Jackson stated this house is being built in the Chateau Walk Subdivision. Councilman Cramer asked how many lots are still to be built on and Mr. Jackson responded there were three. Mr. Cramer asked how many houses are in the development and Mr. Jackson responded 154 and the cost of the homes is $120,000. Councilman Cramer stated there are letters from the adjoining property owners stating they have no objections to the variance requested. Councilman Cramer made a motion the variance request at 5002 Rose Court to reduce the front yard setback from 20 feet to 11.5 feet be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (C) Variance Request - 2125 Berryhill Circle - Reduce Rear Yard Setback from 15 Feet to 12 Feet Mr. Thomson stated the applicants, Ric O. and Cynthia M. Stewart, are building an addition for an elderly relative who is unable to climb stairs. He stated the addition will be built where the wooden deck is currently located. Mayor Bacon stated 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 Wood asked Mr. Stewart to come forward and briefly explain why he is requesting the rear yard setback. Mr. Stewart stated primarily they have one downstairs bedroom area and want to increase the value of the house. He stated they propose to build some kind of Florida room that will be heated and cooled as well as being used as some type sleeping area temporarily and intermittently for someone who will not be there full time. He stated there is that possibility that his mother, who is elderly and can not go up and down stairs, will use the addition. Councilman Wood stated he had visited that site and there is not a home on either side of this property in the Paces Lake Subdivision. Mr. Stewart stated they have talked with the homeowners association and received their approval for the proposed addition as well as the house directly behind them. Councilman Wood made a motion the variance request at 2125 Berryhill Circle to reduce the rear yard setback from 15 feet to 12 feet be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. February 5. 1996 meeting - continued (D) Variance Request - 1258 Cliffwood Drive - To Build an Oversize Accessory Structure Mayor Bacon stated that Items 3-D and 3-E pertain to the same address and will be handled together. Mayor Bacon stated 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 the applicant, Joe Buckner, to briefly explain the variance requests. Mr. Buckner stated he had built a shed on the back of his lot for his camper and boat. He further stated there is a huge tree on the back of his lot that prevents his backing his trailer to the shed (24' x 30'). The shed will exceed 25 % of the size of his home and the height exceeds the allowable height. He stated he could have built a shed with a sloped roof and not requested the variances, but in order for the storage building to match his home and to look better, he is building the shed with a gabled roof which causes the height to exceed the allowable height. He stated his neighbors had no objection to the building being 5 feet from the property line and he has letters from his neighbors stating they have no objections. Councilman Hawkins made a motion the variance request at 1258 Cliffwood Drive to build an oversize accessory structure (to allow the height to be 18' and the square footage to be 1008) be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. ..".. (E) Variance Request - 1258 Cliffwood Drive - Reduce Side Yard Setback from 10 Feet to 5 Feet Councilman Hawkins made a motion the variance request at 1258 Cliffwood Drive to reduce the side yard setback from 10 feet to 5 feet be approved. Councilman Wood seconded the motion. Motion was approved 7-0. (F) Alcoholic Beverage License Request - Agent Change Only - Sun Global, Inc. (d/b/a Smyrna Super Market) - 2957 Atlanta Road Mr. Thomson stated this request is for an agent change only. He further stated Mr. Rajendra Amin has been given a copy of the Alcoholic Beverage Ordinance and Lt. Joe Martin stated the Police Department investigation revealed nothing that would preclude the issuance of this license. Mayor Bacon stated the applicant is present and that this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was none. ....., Councilman Scoggins asked Mr. Amin if he is the on-site owner and will be agent if approved. Mr. Amin stated that is correct. Councilman Wood asked Mr. Amin if he has served as an agent before. Mr. Amin stated no. Mr. Wood then asked him if he was familiar with the rules regarding the sale of alcoholic beverages and the hours of operation. Mr. Amin responded yes and that he maintained the philosophy to be sure no one is buying alcohol that should not be. Councilman Scoggins stated the Smyrna Police Department has investigated Mr. Amin and found nothing that would precl ude the issuance of this agent change request. Mr. Scoggins made a motion the alcoholic beverage license request for an agent change only with Mr. Amin being the agent at Sun Global, Inc. (d/b/a Smyrna Super Market) at 2957 Atlanta Road be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. (G) Alcoholic Beverage License Request - Agent Change Only - Morrison Restaurants (d/b/a Ruby Tuesday) - 3197 South Cobb Drive Mr. Thomson stated the applicant, Theresa Ann McGlade, will be the agent and she has been given a copy of the Alcoholic Beverage Ordinance and the background check revealed nothing that would preclude the issuance of this agent change request. Mayor Bacon recognized Ms. McGlade and stated this is a public hearing and asked if anyone was present in opposition to the granting of this agent change request. There was none. Councilman Hawkins asked Ms. McGlade if she has ever been an agent before and she responded no but has been working for Morrison's for six and a half years. She stated she had been an agent for Morrison's when she was located in Norcross. Councilman Hawkins stated the background check ....., conducted by the Smyrna Police Department revealed nothing that would preclude the issuance of this agent change request. Councilman Hawkins asked Ms. McGlade if she was aware of the responsibilities of being the agent and she responded she did. Councilman Hawkins made a motion the alcoholic beverage license request for an agent change only at Morrison Restaurant with Ms. McGlade being the agent. Councilman Cramer seconded the motion. Motion was approved 7-0. February 5. 1996 meeting - continued (H) Alcoholic Beverage License Request - Agent Change Only - Savji & Brothers, Inc. (Spring Road Package) - 1669 Spring Road Mr. Thomson stated Mr. Patrick Muscarnere, the applicant, has been given a copy of the alcoholic beverage ordinance and this request is for an agent change only. He further stated the Police Department investigation revealed nothing that would preclude the issuance of this agent change request. Mayor Bacon recognized the applicant and stated this is a public hearing and asked if anyone was present in opposition to the granting of the agent change request. There was none. ... Councilman Scoggins asked Mr. Muscarnere to come forward. Mr. Scoggins asked Mr. Muscarnere if he understood he would be responsible if anything occurred in violation of the alcoholic beverage license he would be held liable. Mr. Muscarnere responded yes. Mr. Scoggins then asked him if he had received any training as an agent and Mr. Muscarnere replied he had. Councilman Scoggins asked the applicant if he would be on site very much and he replied if his boss was not there, he would be there running the store. Councilman Scoggins made a motion the alcoholic beverage license request for an agent only at Savji & Brothers, Inc. (d/b/a Spring Road Package) with Mr. Muscarnere being the agent, at 1669 Spring Road be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (I) Alcoholic Beverage License Request - Agent Change Only - Winn-Dixie Atlanta (Winn Dixie #1821) - 2350 Spring Road Mr. Thomson stated Mr. Dickie Lee Langston, the applicant, has been investigated by the Smyrna Police Department and they found nothing that would preclude the issuance of this agent change request. Mayor Bacon asked the applicant to come forward and the applicant was not present. Councilman Newcomb stated the ordinance requires the applicant to be present and since he was not present. Councilman Newcomb made a motion to table the alcoholic beverage license request for an agent change only for the Winn-Dixie #1821 at 2350 Spring Road be tabled till February 19, 1996. Councilman Lnenicka seconded the motion. Motion to table the request was approved 7-0. ... (J) Business License Request - EI Trebol Billares - 1036-1040 Windy Hill Road Mr. Thomson stated the application is for a billiards and pool hall license. He further stated Benjamin Guttierez is the applicant and has been given a copy of the ordinance. Mayor Bacon asked the applicant to come forward as well as his attorney, Mr. Hector Cora. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this business license request. There was none. Councilman Hawkins asked Mr. Guttierrez if he is planning to come back at a future date to request an alcoholic beverage license for this location. Mr. Guttierrez stated they will come back at a later date. Mr. Hawkins asked Mr. Guttierrez if he was aware there are changes in the layout of the business once an alcoholic beverage license request is applied for. Mr. Guttierrez responded yes. Councilman Hawkins stated the billiards/pool hall license falls into the privilege license category. Councilman Hawkins stated the Police Department investigation revealed nothing that would preclude the issuance of this license to Mr. Guttierrez. Mr. Hawkins asked Mr. Guttierrez if he is a US citizen and he replied he is and produced his naturalization papers. Councilman Lnenicka asked Mr. Guttierrez what type games he would have. Mr. Cora responded for Mr. Guttierrez and stated there are eight tables and no coin operated machines in the business. Mayor Bacon asked who would be the day-to-day manager and Mr. Guttierrez replied his wife would be the manager. .... Councilwoman Capilouto stated she is opposed to granting this license because Mr. Guttierrez' son came before Council for the license and it was denied. She further stated he had indicated he would be managing the billiard hall and now the applicant is stating his son will not be managing the business. Mr. Cora stated he did not know why Dennis Guttierrez had taken it upon himself to apply for the business license because he has been enrolled at West Georgia College and plays football and soccer for the school and has not graduated yet. Councilman Lnenicka asked about the signage for the business and requested that they be in English. Councilman Hawkins made a motion the business license request for EI Trebol Billares at 1036-1040 Windy Hill Road be approved. Councilman Scoggins seconded the motion. Motion was approved 6-1 with Ms. Capilouto opposed. February 5. 1996 meeting - continued FORMAL BUSINESS: (A) Bid Opening (Bid 96001) - Trailer Mounted, Self-Contained 25-Yard Leaf Collector (Public Works Department) Mayor Bacon asked if there were any bids in the audience. There were none. Mayor Bacon stated there were two bids received. Councilman Scoggins stated the bids are for a trailer mounted, self-contained 25-yard leaf collector for the Public Works Department. The leaf collector is necessary due to the State mandate that after September, 1996, no leaves can be taken to a landfill. Councilman Scoggins asked Ms. Kirk to briefly explain the leaf collector. Ms. Kirk stated this would be the vacuum to collect leaves and use them as mulch. Ms. Kirk stated a leaf-grinder will be purchased at a later date in order to make the leaves usable as mulch. Ms. Kirk also stated the machine can be used to vacuum out the storm drains that may possibly be clogged with leaves. The bids were opened and read as follows. .""". Municipal Equipment Sales, Woodstock, Georgia $26,620 ($25,620 for the equipment and $1,000 for freight charges) ODB Products, Richmond, Virginia $19,900 Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their review and a recommendation to be brought back before Mayor and Council. Councilman Wood seconded the motion. Motion was approved 7-0. B) Bid Opening (Bid 96002) - John Deere 510D Loader Backhoe (Public Works Department) Mayor Bacon asked if there were any bids in the audience. There were none. Public Works Assistant Director Ray Curtis stated this equipment will be used by the Sewer Department. Mayor Bacon stated he hoped that in the 1997 budget, funds are allocated for the purchase of possibly three or four pickup trucks for the Public Works Department. Mayor Bacon also expressed his appreciation to Larry Dunn, Ray Curtis, Frank Martin and "Wormy" for their efforts Friday and Saturday night due to the bad weather. The bids were opened and read as follows: ....., Metrac, Inc., Atlanta, Georgia $79,970 Industrial Tractor Company, Inc., Jacksonville, Florida $83,874 Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their review and a recommendation to be brought back before Mayor and Council. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Approval of Contract for Church Street Aquatic Center Bob Thomson stated this is the formal approval by Council for the contract with T. E. Quinn and the swimming pool contractor and deferred to Councilman Wood. Councilman Wood stated the total projected cost is approximately $670,000 for this project to be funded by CDBG funds. He further stated the mayor and council have previously approved the project but at that time the bids had not been received and this will modify that previous approval and to establish a budget of approximately $670,000 for this project plus $30,000 which will be required for the furnishings. He stated the funds will come from the CDBG project years, 1990, 1993, 1994, 1995 and part of 1996. He also stated this will not take away from other projects, these are funds from prior years that were not officially allocated. Councilman Wood made a motion to authorize the Mayor to sign all contracts, documents and agreements required to move this project to completion. Councilman Hawkins seconded the motion. Motion was approved 7-0. ...., COMMERCIAL BUILDING PERMITS: (A) Young Contracting - CVS Pharmacy Store - 3536 Atlanta Road Councilman Lnenicka stated the variance request (Item 3-A) was denied and the Smyrna Code stipulates that building permits are only issued if they are in conformance with Section 1302 of Appendix A. He February 5. 1996 meeting: - continued further stated the proposed variance and site plan and the size and location of the building are not in conformance with the city's ordinances. Councilman Lnenicka made a motion the building permit for Young Contracting - CVS Pharmacy Store - 3536 Atlanta Road be denied. Councilman Cramer seconded the motion. Motion to deny the building permit was approved 7-0. (B) Merit Construction - Eckerd Drug Store - 2113 South Cobb Drive .. Councilman Cramer made a motion the building permit for Merit Construction - Eckerd Drug Store - 2113 South Cobb Drive be approved. He stated this will be on the corner of Pat Mell Road and South Cobb Drive and is for $537,000. Councilman Scoggins seconded the motion. Motion was approved 7-0. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of January 16, 1996, Minutes (B) Approval to Use Council Chambers - Sunday, February 11, 1996 - 6:30 - 9:00 p.m. - Ward 6 Meeting (Cumberland Vail Homeowners Association) (C) Approval to Use Council Chambers - Tuesday, February 20, 1996 - 7:00 - 9:00 p.m. - Ward 6 Meeting (Argyle Estates) (0) Set Public Hearing Date to Close and Abandon Davis Street Councilman Lnenicka made a motion to approve the consent agenda. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITIEE REPORTS: .. Councilwoman Capilouto asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio apologized for any inconvenience closing the Community Center on February 3 and 4 may have closed. He stated they felt it was in the best interest to close the center due to the inclement weather. Councilwoman Capilouto asked Michael Seigler for a report on the Library. Mr. Seigler thanked everyone involved in the Mystery Dinner Theater held at the Library on February 2 and apologized for the inconvenience that may have been caused by closing the Library on February 3. He also announced there will be a book discussion group meeting on February 6 and the tax counseling for the elderly will begin on Wednesday, 02-07, from 12:00 noon - 4:00 p.m. and it is not strictly for the elderly. He stated there will be someone there to assist with tax returns until April 10, 1996; the Genealogy Class is full; the literacy tutor class trained 17 tutors with four students; the art exhibit this month is pastels by Susan Deryemer; The brothers Frank and Dave Diacheysn have a basketball card collection, including first rookie cards on Michael Jordan, Shaquille O'Neal, and several others on exhibit in the display case; Linda Grice has a display of African masks and headdresses that have been prepared by Griffin Middle School students in the downstairs display case; Government documents are starting to arrive and the Peachnet is up and running. Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms. White stated the city is recruiting for lifeguards and swimming instructors for the Parks and Recreation Department. Councilman Newcomb asked Scott Stokes, Chief Building Official for a report. Mr. Stokes reported the year end figures for the Community Development Department. ... Councilman Newcomb announced the houses that have been purchased on Spring Road for the widening project have all been sold by Cobb D.O.T. to folks who will either move them or strip and demolish them. He stated the County will grade what is needed for the project and leave the remainder in tact and take advantage of the landscaping that has been there for years. Councilman Newcomb then extended his condolences to the family of C. J. Burke, a ten year old boy who was struck by a car as he attempted to cross Spring Road at Glenroy Drive. Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms. Kirk announced there were 23 participants in the Adopt-a-Mile program on Saturday, January 27. These February 5. 1996 meeting: - continued volunteers picked up 25 bags of litter along a five mile stretch of South Cobb Drive and Atlanta Road. Ms. Kirk extended her thanks to those dedicated persons who participated. Ms. Kirk announced through the efforts of herself and Councilman Scoggins, the residents of Smyrna who have junked automobiles on their property can contact the American Kidney Foundation and they will pick up those automobiles. Ms. Kirk announced there are free compost bins available at the Recycling Center. Councilman Scoggins expressed his appreciation to the Public Works Department for their efforts in inclement weather. Mayor Bacon stated he felt the city should purchase something for the workers to sleep on when they have to spend the nights at the complex during inclement weather, in order to be available to spread sand, etc. ...... Councilman Hawkins asked Nancy Hancock for a report on the Cemetery Association. Ms. Hancock announced the bricks for the Pathway of Honor will be available through the month of February. Councilman Hawkins stated the Court Services Department since January has reported to the State 1796 cases responsible for $115,877 in fines collected for the City. He stated they are also looking into collection of parking ticket fines. He also announced the Community Services workers (since January) have provided 140 manhours in the Smyrna Cemetery, assisted with the tree-chipping program and as weather permits will assist in cleaning out the storm drains and curbs along the city streets. Councilman Cramer stated there is no report from the Fire Department this evening. He stated the response time in the last five years has gone from 4 minutes to 3:40 minutes; and the total number of calls since 1991 (2,041) they have responded to over 3,900 calls. Councilman Lnenicka thanked the Public Works Department for their work this past weekend. Chief Hook reviewed the statistics for the Police Department. Councilman Lnenicka announced there will be a Ward 6 (Cumberland Vail) meeting in the Council Chambers on Sunday, February 11 from 6:30 - 9:00 p.m.; Ward 6 (Argyle Estates) meeting on Tuesday, February 20 from 7 - 9 p.m. Councilman Wood expressed his appreciation to the Public Works Department, Police and Fire ...., Departments and Emergency Management Department for their efforts this past weekend during the inclement weather. Councilman Wood reported the city has just reviewed the first six months financials and reported the city is operating within the budget and Ms. Edgar will give a report on the results of the first six months at the next council meeting. City Clerk Melinda Dameron reported the City of Smyrna does have a $10,000 tax exemption that is available if you are 62 years of age or older or if the resident is totally disabled. Ms. Dameron reported that once you have qualified, it is not necessary to come in and re-apply, but if you have never qualified until this year, the resident needs to come apply at City Hall by April 1. Mayor Bacon expressed his appreciation to Reverend Frank Hammond who remained for the entire meeting. With no further business, the meeting adjourned at 9:27 p.m. ...., February 5. 1996 meeting - continued A. MAX BACON, MAYOR J;)(L/~/~ 11/J/MuUJ-' MELINDA DAMERON, CITY CLERK .. ~n~N-- ~~ CHARLENE CAPILOUTO, WARD 1 d'Jl M _Wq~~ BILL SCOGGINSf ARD 3 / /\-2.. ;J.wu RON NEWCOMB, WARD 2 n.t> il n (\ ^ ,,/\~_ I A '-...?/! J.-<J j t L G J \A,/V' ~ \Iv- \ ~rACK CRAMER, WARD 5 o~~ FAMES M. HA NS, WARD 4 ^ 6Jr.4g~~d ~p~o~~ .. ...