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April 6, 1992 Council Meeting April 6, 1992 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on April 6, 1992 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Clerk Melinda Dameron, City Attorney Charles E. Camp, City Administrator Bob Thomson, Fire Chief Larry Williams, Community Relations Director Kathie Barton, Parks and Recreation Director Sherry Reavis, Finance Director Emory McHugh, Library Director Laurel Best, Communications Director Steve Ciaccio, Police Chief Stan Hook, City Engineer Ken Hildebrandt, Assistant Public Works Director Larry Dunn, Personnel Director Jane Mears and representatives of the press. ... Invocation was given by Reverend Lee Delbridge of Smyrna Christian Church followed by the pledge to the flag. CITIZENS INPUT: Councilman Pete Wood read a Proclamation proclaiming April 11, 1992, as "White Cane Day" and presented the proclamation to representatives of the Lions Club. Councilman Jim Hawkins read a Proclamation proclaiming April as "Keep America Beautiful Month" and presented the proclamation to Mr. Frank Adams. Councilman Wade Lnenicka read a Proclamation proclaiming April 12-18, 1992, as "National Public Safety Telecommunicators Week" and presented the proclamation to Steve Ciaccio, Director of Communications. ... Mr. Adams thanked the Mayor and Council for the Proclamation presented to him earlier and then stated he wanted to report on the Adopt-A-Mile Saturday. He stated they had 152 volunteers who picked up 176 bags of litter. Mr. Adams thanked Mayor Bacon, Councilman Jim Hawkins, Councilman Jack Cramer and Councilman Pete Wood and Mrs. Wood for their participation in the program. He then recognized Mr. Mike Burrell, State Department of Transportation, who started the Adopt-A-Mile Program. Mr. Adams thanked Mr. Burrell for supplying safety vests to our volunteers and the Adopt-A- Mile signs that are seen throughout the City. He then presented him with a plaque in appreciation for his efforts on behalf of the Clean City Commission. Mr. Don Lillie, Lillie Glass Blowers, invited the Mayor and Council and any interested citizens to participate in the 2nd Annual Jonquil Journey bike ride on April 18, 1992. The ride will start at the new Community Center and there will be a five mile and twelve mile route. This year Dr. Phil Secrist will be the ride marshal and all participants will receive a free water bottle and one person will receive a hand-blown crystal bicycle. There is no fee for participation and he encouraged everyone to come out and have a good time. He stated registration forms are available at the front lobby area of City Hall and you can register on site the day of the bike ride. Ms. Janice Morgan, Ridgecrest Road, responded to charges made at the last Council meeting regarding the number of cats at her residence and stated for the record that she did have her cats inoculated and had her female cat spayed to prevent that cat from having kittens who might be a nuisance to her neighbors. Ms. Morgan also stated that one of her cats had been trapped by a neighbor and taken to another location and just put out by the side of the road. She stated she did not think this type action should be allowed. .... Councilman Hawkins asked Ms. Morgan how she felt about an ordinance limiting the number of cats a resident can own. Ms. Morgan stated she thought such an ordinance was a good idea. Councilman Hawkins stated for the record that if a stray cat is trapped on private property it should be taken to the Humane Society. If a cat is trapped and then taken off and just put out on the side of the road, if the owner can prove who took the cat, they can be prosecuted for theft by taking. April 6, 1992, meeting - continued Ms. Anna Marie Dickerson, Oaks of Concord resident, stated she felt there was a potential problem in her neighborhood concerning portable basketball goals. She indicated many of her neighbors are putting up goals and the number of players is increasing. She stated the lots are very small and asked the Council what action could be taken to prevent this from becoming a more serious problem. Councilman Hawkins asked where the poles for the goals are set and Ms. Dickerson responded the poles are collapsible and removed at night. They are set out in the driveway during the day. Mr. Hawkins asked if any of the goals were set up in the street and Ms. Dickerson responded they were not. Councilman Cramer stated he was aware of the problem as he had received a call from Ms. Dickerson earlier today. He stated if the goal was on city property or city right-of-way, the City would have a problem with the goals as it would create a liability problem for the City, but if the goal is on private property there is not much we can do to intervene. ....., PUBLIC HEARINGS: (A) Annexation of Property - 3160 Lee Street Mayor Bacon stated this annexation was read at the March 16, 1992 meeting and asked if there was anyone here in opposition to this annexation. There was no one present in opposition. Councilman Hawkins made a motion that the property located at 3160 Lee street be annexed into the City and made a part of Ward 4. Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Variance Request - Reduce Rear Yard Setback - 2129 Old Concord Road Ms. Dameron stated Mr. William Smallwood is requesting a variance to reduce the rear yard setback from fifty feet to forty-four feet at 2129 Old Concord Road. Mr. Smallwood owns National Consultants, Inc. and is trying to move his business back into this location and needs this room for storage. This is in Mr. Cramer's ward. ..... Mayor Bacon asked if anyone was present in opposition to the granting of this variance request. There was no one present in opposition. Mr. Cramer stated he had met with Mr. Smallwood and looked at the property and the proper signs have been posted. Mr. Smallwood also has letters from his neighbors stating they have no objections to this variance. Mr. Cramer stated he was glad Mr. Smallwood is wanting to move his business back to the City of Smyrna. Mr. Cramer made a motion that the variance request to reduce the rear yard setback from fifty feet to forty-four feet at 2129 Old Concord be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. (C) Privilege License - Liquor, Beer and Wine Pouring - The On-On Restaurant - 2528 Spring Road Ms. Dameron stated Mr. John Styslinger has applied for a pouring license at 2528 Spring Road. This location was previously licensed as the Old China Station Restaurant. Mayor Bacon asked if there was anyone present in opposition to the granting of this license. There was no one present in opposition. ..., Councilman Patrick stated he had checked out the premises for this location and had received a legal opinion from our City Attorney on the granting of this license request. Mr. Patrick made a motion to approve the granting of this license request. Motion was seconded by Councilman Scoggins. April 6, 1992 meeting - continued Councilman Wood stated in the paper work presented by Mr. John Styslinger there was a patio mentioned to be built on the parking lot side of the building. Mr. Wood asked Mr. Styslinger if this patio would be attached to the main structure. Mr. Styslinger responded it would be attached to the main structure and the only access to the patio would be from the main structure and there would be an emergency exit with an alarm on it for safety reasons. Mr. Wood stated he knew this location had been licensed before and expressed his concerns about granting the license request due to the close proximity of the day care center next door, the church near by and the City park close to the business. Mr. Wood stated he had a problem with the granting of this license. ... Councilman Scoggins asked Mr. Styslinger if he intended to have open music on this patio. Mr. Styslinger responded there would be no music on the patio and it was basically to be restaurant seating. Mr. Scoggins then asked if Mr. Styslinger would be willing to stipulate there would be no live entertainment on the patio if the license request was granted. Mr. Styslinger responded he would be willing to so stipulate. Mr. Scoggins then asked Mr. Patrick if he had received a ruling from our City Attorney on the granting of this license. Mr. Patrick stated he had a letter from Cochran, Camp and Snipes indicating this location did meet the require- ments for the granting of this license. All distance requirements have been met, the time between the last license being issued for this location has not exceeded twelve months and since it is grandfathered it is legal to issue an alcohol beverage license next to a kindergarten. .. Councilman Lnenicka asked Mr. Styslinger if he had any experience operating a business with an alcoholic beverage license similar to this. Mr. Styslinger responded he had. He stated he was basically in the construction business but the manager who will be running this business comes from a very strong corporation that runs these restaurants. Mr. Lnenicka asked if there would be a manager on site and Mr. Styslinger responded yes. Mr. Styslinger indicated he is the administrator of the business who will be in charge of the books. Mr. Lnenicka asked Mr. Styslinger if he was aware that as license holder he would be personally held responsible for the proper and lawful operation of this license. Mr. Styslinger responded he was aware of this and that he planned to card everyone to ensure that only people of the legal age would be served alcohol. Mr. Styslinger stated he would be willing to work with the City in the event there were any complaints after the business opened. Mr. Lnenicka stated he had no problem with the granting of this request and planned to support it. Mr. Scoggins asked Mr. Styslinger how much the construction costs of this building would be. Mr. Styslinger responded $130,000 (renovation). Councilman Newcomb stated that since all legal requirements had been met as specified in the Code he felt we should grant this license even though there were some concerns expressed here tonight. Mr. Newcomb stated he felt the Council should grant this application for a pouring license at this establishment. Motion was approved 5-2 with Mr. Hawkins and Mr. Wood opposed. FORMAL BUSINESS: (A) Amendment to Water Supply Contract ... Ms. Dameron stated the Cobb Marietta Water Authority has amended their 1952 Water Contract to add a provision for a summer surcharge pricing structure. The surcharge fee would be applied during peak demand months and is intended to be used as a water conservation method. This would be in the Finance and Administration Committee. Councilman Wood stated the Cobb Marietta Water Authority furnishes all the water utilized by the City of Smyrna in our water distribution system. This water is furnished under contract between the Authority and the City dated back to 1952 and amended in 1957. In order to comply with the Atlanta Regional Commission water supply plan, it is necessary for the Authority and the City to plan to institute a peak use surcharge rate mechanism during the months identified historically as peak usage months. To comply with the ARC water supply plan it is necessary for the April 6, 1992 meeting - continued City to approve this second amendment and therefore Mr. Wood made a motion to authorize the Mayor to sign the second amendment to the Water Supply Agreement for the City of Smyrna. Mr. Hawkins seconded the motion. Motion was approved 6-1 with Mr. Lnenicka opposed. COMMERCIAL BUILDING PERMITS: Ms. Dameron stated there were three building permits: (1) CRCI General Contractors have requested a permit for the construction of a new Waffle King at 2406 Atlanta Road, in front of Belmont Hills Shopping Center, with an estimated construction cost of $105,000. Councilman Hawkins made a motion to approve this building permit for CRCI General Contractors at 2406 Atlanta Road. Councilman Scoggins seconded the motion. Motion was approved 7-0. ...... (2) Bruno's Food World is requesting a permit at 2500 South Cobb Drive, in the old Zayre's building, for grading only. Councilman Cramer made a motion that the building permit for Bruno's Food World at 2500 South Cobb Drive be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (3) Mr. Robert Andrews is requesting a permit for the construction of a new office at 3080 Corn Road. This permit is for grading only. This is in Ward 2. Councilman Hawkins made a motion that the permit for the construction of a new office at 3080 Corn Road, grading only, be approved. Motion was seconded by Councilman Scoggins. Motion was approved 7-0. BID AWARDS: (A) Playground Equipment - Creatwood Park Councilman Cramer stated there had been a five year study concerning revitalization of the City's parks. We have previously sent out bids for this equipment, however the bid was not awarded within the time frame specified in the bids. Mr. Cramer stated this item had been re-bid and the equipment was budgeted in last year's budget. Mr. Cramer stated we needed to move forward with this bid award in order to complete the five year plan for revitalizing the City parks. Mr. Cramer made a motion that the bid be awarded to Gametime for Creatwood Park playground equipment for the cost of $4,204. Councilman Hawkins seconded the motion. .... Mayor Bacon stated he would like to find out what was going to happen to the old equipment. Councilman Cramer responded that he would meet again with the Parks and Recreation Committee and see about selling the equipment. Mayor Bacon then asked Ms. Reavis if the equipment was worth selling. Ms. Reavis responded she was not sure. Councilman Hawkins suggested it be placed with the items to be sold at the annual auction this year. Mayor Bacon stated he had examined the equipment on Saturday and indicated the equipment looked good to him. He also stated he would consider selling it or it would be a good purchase for someone who had children. He stated any replaced equipment should be placed for sale at the annual auction rather than just thrown away. .... Councilman Cramer stated he was making the motion to approve the purchase of this equipment based on the recommendation of the Parks and Recreation Committee. April 6, 1992 meeting - continued Mayor Bacon stated the motion had been made to award the for the purchase of Creatwood Park playground equipment. seconded by Councilman Hawkins. bid to Game Time Motion was .. Councilman Lnenicka stated he was not necessarily going to oppose this motion but he was not going to support it at this time. He expressed his concerns that the City is currently in a budget crunch and this fiscal year's budget is not strong enough to support this. He stated he would like to know more about where the money was going to come from and he would like to look at it as part of the overall budget program that is to be done this spring. If the money is there to do it, he is all for it, however, he would like to know that the money is there. Secondly, we just received a consultant's study on the operation of our Parks which suggested that we review the operation of some of our parks and we have not had the time to do this. This study may dictate that we do what is called for here or we do more or we do less. We don't know the answers to those questions yet, and I am not opposed to having safe playgound equip- ment for kids but I think to move now might be premature in the long run. Councilman Hawkins stated this is part of an upgrade program that was in last year's budget to upgrade the playground equipment in all the City parks. Every park has been done except Creatwood and he stated he did not think it was fair for the people who live in that area not to have their park upgraded. Mr. Hawkins stated he did not think $4,000 carried over to next year's budget would make a bit of difference and stated we spend more money than that at the drop of a hat around here. He felt if we start a program we should finish it. Mr. Hawkins said he did not think it would be fair to give the appearance of singling out the residents of Creatwood even though he knows this is not the case. Mayor Bacon stated he had taken the opportunity Saturday to go look at the equipment at Creatwood Park and he was surprised that it was not in as bad shape as the report indicated. The report indicated the equipment was not safe and was old and it appeared to him to be in too good a shape to go in and tear it out and replace it with new equipment. .... Councilman Hawkins asked Mayor Bacon if he had had an opportunity to look at the equipment at the other parks. Mayor Bacon responded that he had looked at all the parks and they did have new plastic equipment. He stated he did not have an opportunity to look at the equipment at the other parks before it was replaced. Mayor Bacon suggested looking at the possibility of eliminating some of the smaller parks in the City and that we are no different from any other business around and we must have the revenue coming in to pay for things. Mayor Bacon stated he was not sure the equipment was needed and suggested Mr. Hawkins look at the equipment to see what shape he thought it was in. Councilman Hawkins stated he felt that if we had a problem with replacing the equipment, we should have mentioned it before the last park was due to receive new equipment. Councilman Lnenicka stated the reason Creatwood Park is the last to have its equipment replaced is due to the fact that at the time he came on board as a councilman, the five-year study had just been completed and the equipment at Creatwood Park was the newest at that time and at that time the City had the money to do this. Motion was approved 4-2-1, with Ron Newcomb and Wade Lnenicka opposed and Jack Cramer abstaining. '- Mayor Bacon stated he would exercise his right as Mayor to veto this motion and will veto this vote tomorrow. (B) Banking Services Agreement Councilman Hawkins stated the City had sent out for bids for a banking services agreement and the City had received four bids. Mr. Hawkins made a motion to award the Banking Services for the City of Smyrna to Bank South, the low bidder at a cost of $39,042. Mr. Hawkins stated he was making this motion instead of Mr. Wood who is an employee of Bank South and who will be abstaining from voting on this motion. Mr. Hawkins stated April 6, 1992 minutes - continued all the bids were opened in public and Bank South was the low bidder and the City has traditionally awarded the bid to the low bidder. Councilman Newcomb seconded the motion. Motion was approved 6-0-1 with Mr. Wood abstaining. CONSENT AGENDA: (A) Approval of March 16, 1992, Minutes Councilman Scoggins made a motion to approve the March 16, 1992 minutes. Motion was seconded by Councilman Lnenicka. Motion was approved 7-0. (B) Approval to Solicit Bids - Recycling Program ...... Councilman Hawkins made a motion to approve the solicitation of bids for the recycling program. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Patrick called on Laurel Best for a report on the Library. Ms. Best indicated the City is selling raffle tickets for a framed print by P. Buckley Moss donated to the City Library. The tickets are $2 each or twelve tickets for $10 and the drawing will be held April 25, 1992, at 2:00 p.m. The proceeds from the sale of the tickets will be used to purchase new books for the Library. This fund-raising event is being sponsored by the Friends of the Smyrna Library. Ms. Best indicated the City has three corporate sponsors for the Summer Reading Program, they are: 1st American Bank, Smyrna Bank and Trust and Kroger who have pledged to give one dollar for every hour that their employees read. Councilman Patrick stated that there are a lot of mail boxes in his neighborhood that do not have the required three-inch numbers on them. Some of the boxes are not marked at all and this could create quite a problem for the police or fire departments if they were called to a residence and it also presents a problem to local delivery services trying to locate a resident. He suggested putting a reminder notice in the water bills in the near future. ...." Councilman Newcomb indicated the Community Development Committee will be meeting April 14 and invited any interested parties to attend if they so desire. Mr. Newcomb stated he and Bob Thomson, the City Administrator, will be in Ward 2 this Friday morning to look at a couple of chronic problems in the area. One problem deals with the creek at the lower end of Highland and he also stated that the paving of a turn lane at three key intersections on Spring Road is expected to begin in the next couple of weeks. Councilman Scoggins called on Chief Larry Williams. Chief Williams presented a certificate of achievement to Firefighter Bradley Johnson and Councilman Jack Cramer who both earned their certification as fire- fighters. Councilman Hawkins asked Kathie Barton for a report. Ms. Barton reminded everyone of the activities scheduled in April including the Jonquil Festival April 25. Councilman Hawkins stated the City is going out for bids for recycling in the near future. Councilman Cramer asked Sherry Reavis to comment on the upcoming events associated with the Parks and Recreation Department. Ms. Reavis mentioned that Saturday, April 11, is opening day for Smyrna Little League and Cobb Park Opening Day. The parade for Little League opening day will begin at Four Seasons at Cobb Mall and travel down South Cobb Drive to Concord Road and then into the Park. Ms. Reavis also stated that Tolleson Pool will open on April 20. ...., April 6, 1992 meeting - continued Councilman Cramer called on Larry Dunn, Assistant Public Works Director, to address a problem with muddy water on Glendale Place. Mr. Dunn stated the Public Works Department will replace the two inch water line with a six inch water line and install two fire plugs on that street. The water pressure in that area has been low and hopefully this will correct the problem. This is part of the water looping project in the City. Councilman Cramer made a motion to suspend the rules. Councilman Hawkins seconded the motion. Motion was approved 6-0-1 with Councilman Newcomb abstaining. .. Councilman Cramer then made a motion to approve the bid to Miller Davis for replacing Glendale Place water line as an emergency measure to correct the muddy water. The bid would be awarded to the low bidder, Miller Davis, for a total cost of $16,850. Councilman Scoggins seconded the motion. This cost is for the labor only and the materials portion of the bid will be $11,949 for a total cost of $28,799. Councilman Scoggins asked if this is part of the water looping project for the City. Councilman Hawkins replied that this is an emergency situation and we need to move forward with it. This item will be submitted to the CDBG Program for possible funding. Councilman Lnenicka asked if these bids were solicited in an emergency manner and was that the reason they did not come before the Mayor and Council. Councilman Cramer responded the bids were solicited today from the City Clerk's office and the Public Works office and were done as an emergency situation in accordance with our purchasing policy and therefore they did not come before Mayor and Council. Motion was approved 7-0. Councilman Lnenicka stated March was a record month for 911 calls received by the City of Smyrna. A total of 5400 calls were received in March as compared to a normal amount of 4200 - 4600. The majority of these calls are normally non-emergency calls. Councilman Lnenicka thanked the Communications Department for their work. ... Chief Hook reported on the recent "Ghost Out" program held at Campbell High School. The program was designed and carried out by Lt. Mike Brown of the S.T.E.P. Unit and DUl Unit. Kathie Barton and Steve Ciaccio also participated in this program and were at the school during the entire day. This program was designed to point out the consequences of drinking and driving. Every 20 minutes a student was removed from class to represent the death of a person which occurs every 20 minutes as a result of a driving fatality associated with drinking and driving. Ms. Cochran, principal of Campbell High School, expressed her appreciation to Chief Hook and his department. Councilman Lnenicka welcomed Mr. Thomson as the new City Administrator to the City. Councilman Wood stated the Finance and Personnel Departments have been working very hard recently. The budget process is taking place and well as the insurance renewal program is underway. Mayor A. Max Bacon formally welcomed Bob Thomson to the city as the new City Administrator. .... Mr. Thomson thanked the Mayor and stated the City is facing a lot of challenges this year and he feels the City will be able to meet the challenges. Mr. Thomson said he appreciates the opportunity to work here in Smyrna. April 6, 1992 meeting - continued With no further business the meeting adjourned at 8:52 p.m. A. MAX BACON, MAYOR r;{?~ J N PATRICK, WARD 1 /7;/A ~~ ~~ BILL SCO GINS, WAR ~R.~~ ACK CRAMER, WARD 5 a~~ cd CHARLES PETE WOOD, WARD 7 ~lf-j~ IJ44/'LLAI'r- MELIND DAMERON, CITY\,~LERK \ '\ ~~J-~ C. ~~ RON NEWCOMB, WARD 2 ~ Lh.~L ..... ..... ...,