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May 18, 1992 Council Meeting May 18, 1992 The regularly scheduled meeting of Mayor and Council was held May 18, 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 Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Community Relations Director Kathy Barton, Public Works Administrative Assistant Brenda Barrett, Fire Chief Larry Williams, Personnel Director Jane Mears, Communications Director Steve Ciaccio, Police Chief Stan Hook, Childrens Librarian Rae Duncan, Parks and Recreation Director Sherry Reavis, Finance Director Emory McHugh, City Engineer Ken Hildebrandt and representatives of the press. Invocation was given by Reverend John Hearst, pastor of Mt. Zion Baptist Church. ... Mayor Bacon recognized Judge Mike Stoddard, candidate for Superior Court; Ted Reed, candidate for Eastern District Cobb County Commission and Tony Center, candidate for Congress of the 6th District. CITIZENS INPUT: Holly Cash, president of the Friends of the Library presented the first True Friends Award to Larry and Sue Brissey in appreciation for sponsoring the P. Buckley Moss art exhibit during the Jonquil Festival. Proceeds from the book sales and donations funded the purchase of 40 new books and videos for the childrens library, as well as a new set of Britannicas. Ms. Cash presented a Save the Earth book to Kathy Barton in her name, which will be placed in the Smyrna Library in appreciation of her efforts to publicize the events sponsored by the Friends group. Kathy Barton Auxiliary for 16th. presented raising awards to over $800 the American Legion Post 160 and Ladies during the Jonquil Festival Dance on May Wade Lnenicka read a proclamation for "Buckle Up America! Week" and presented it to Lt. Mike Brown of the Smyrna Police Department. ... PUBLIC HEARINGS: (A) Charter amendment - Section 35(a) Bob Thomson said this proposed reVlSlon will redefine the qualifications and residency requirements of the Municipal Court Judge. This is the first of two readings required under the Municipal Home Rule Act. Mr. Lnenicka read the new section to read as follows: Sec. 35(a). Same--Judge. The Mayor and Council shall appoint a legally qualified citizen of the State of Georgia to act as judge(s) of municipal court and shall fix the term of office and the compensation of the judge(s). In the absence or disqualification of a judge, the mayor shall preside over municipal court and shall be clothed with all the duties, powers and authority of the judge which are provided by law. In the absence or disqualification of both the judge(s) and the mayor, the mayor protem shall preside over municipal court and shall be clothed with all of the duties, powers and authority of the judge which are provided by law. There this were no questions or comments from the audience and Mr. Lnenicka stated amendment would be read again at the first meeting of June and voted on. .. FORMAL BUSINESS: (A) Amendment to Civil Service Board procedures Bob Thomson said the Police and Fire Committees have recommended that the Civil Service Board procedures for testing and promotional be amended by deleting the maximum number of points that may be credited for seniority. Councilman Wade approved with points that reflection Lnenicka said at the last meeting these procedures were an amendment added on which states that the maximum number of can be added for seniority is 20 years or 5 points. Upon further and checking with our attorneys, it is believed that the May 18, 1992 meeting - continued amendment should not amendment be approved, may be added to test motion which carried 7-0. have been added. Mr. Lnenicka made a motion the to remove the cap on the maximum number of points that scores through seniority. Bill Scoggins seconded the (B) Reappointment of Downtown Development Authority members Jim Hawkins made a motion the following members of the Downtown Development Authority be reappointed to a one year term: Willouise Spivey Hubert Black Jimmy Wilson Steve Shupert Doug Stoner C.J. Fouts Jim Pitts -- Pete Wood seconded the motion which carried 7-0. (C) Validate petition to annex property in LL 55, 56, 57, 60, 61, 172, 173 and 684 of the 17th and 18th District, 2nd Section Mr. Camp read the petition signed by James E. Freeman, to annex property totaling 82 acres as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) of the owners of the land area by acreage, as described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of laws of the State of Georgia, said property being annexed being described as follows: All that tract or parcel of land lying and being in Land Lots 55, 56, 57, 60, 61, 62, 172, 173 and 684 of the 17th and 18th district, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: TRACT 1: -- BEGINNING at a right of way marker located on the southeast side of Riverview Road with the west side of Interstate 285; run thence south 53 degrees 48 minutes 10 seconds east a distance of 34.48 feet to a right of way marker; thence north 36 degrees 28 minutes 25 seconds east a distance of 99.75 feet to a right of way marker; thence south 63 degrees 29 minutes 40 seconds east a distance of 31.32 feet to a right of way marker; thence south 31 degrees 34 minutes 45 seconds east along the northwesterly right of way of Interstate 285 a distance of 331.99 feet to a point and corner; thence south 38 degrees 50 minutes 20 seconds west a distance of 965.65 feet to a point and corner; thence north 60 degrees 33 minutes 35 seconds west a distance of 37.00 feet to an iron pipe; thence north 60 degrees 33 minutes 35 seconds west a distance of 259.19 feet to Riverview Road; thence northeasterly along Riverview Road a distance of 359.54 feet to a point; thence north 66 degrees 12 minutes 40 seconds west a distance of 934.70 feet to a point and corner; thence north 34 degrees 32 minutes 34 seconds west a distance of 359.54 feet to a point and corner; thence north 60 degrees 33 minutes 35 seconds west to an iron pipe; thence north 00 degrees 16 minutes 40 seconds east a distance of 655.11 feet to an iron pipe; thence north 00 degrees 02 minutes 10 seconds west a distance of 765.56 feet to an iron pin; thence north 87 degrees 59 minutes 13 seconds west a distance of 46.83 feet; thence north 85 degrees 50 minutes 26 seconds west a distance of 516.26 feet; thence north 42 degrees 30 minutes 25 seconds east a distance of 832.62 fete to a point and corner; thence south 49 degrees 00 minutes 40 seconds east a distance of 345.90 feet to a point and corner; thence north 00 degrees 16 minutes 17 seconds east a distance of 291.55 feet; thence north 10 degrees 33 minutes 02 seconds east a distance of 170.00 feet; thence southeast a distance of 220.00 feet to a point and corner; thence south 01 degrees 19 minutes 04 seconds east a distance of 208.00 feet; thence south 73 degrees 14 minutes 24 seconds east a distance of 440.00 feet; thence south 05 degrees 53 minutes 15 seconds east a distance of 356.84 feet to a point and corner; thence south 88 degrees 50 minutes 40 seconds east a distance of 251.88 feet to an iron pin located at the right of way of Interstate 285; thence south along Interstate 285 10 degrees 43 minutes 90 seconds east a distance of 189.13 feet; thence continue south along Interstate 285 14 degrees 11 minutes 45 seconds east a distance -- May 18, 1992 meeting - continued of 304.00 feet to a south side 285 and the feet to a point and corner; thence southwest a distance of 787.00 point and corner; thence south a distance of 938.00 feet to the of Riverview Road; thence east along Riverview Road to Interstate point of beginning. Less and except that portion of land previously deeded to Buddy Rice and less and except any right of way designated as Riverview Road. TRACT 2: .. All that tract or parcel of land lying and being in Land Lots 56, 57, 60 and 61 of the 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a concrete marker at the northwest intersection of Interstate 285 and Riverview Road; run thence north 53 degrees 48 minutes 10 seconds west a distance of 34.79 feet to a point and corner; run thence north 9 degrees 48 minutes 55 seconds east a distance of 111.56 feet; thence north 32 degrees 44 minutes 30 seconds east a distance of 80.86 feet to a concrete marker; thence north along Interstate 285, 30 degrees 58 minutes 45 seconds west a distance of 369.62 feet to an iron pin; thence continue along Interstate 285 north 16 degrees 55 minutes 00 seconds west a distance of 214.83 feet to an iron pin; thence continue north along Interstate 285 14 degrees 11 minutes 45 seconds west a distance of 169.10 feet to a point and corner; thence southwest a distance of 787.00 feet to a point and corner; thence south a distance of 903.00 feet to the north side of Riverview Road; thence east along the north side of Riverview Road to Interstate 285 and the point of beginning. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the record title holders of the land described above: s/JAMES E. FREEMAN Pete Wood made a motion the petition be validated and a public hearing set for June 15, 1992. Wade Lnenicka seconded the motion which carried 7-0. ... COMMERCIAL BUILDING PERMITS: Daddyo's Restaurant requested a permit for new construction at 1065 Windy Hill Road at a total estimated cost of $100,000. Jim Hawkins made a motion the permit be approved. Bill Scoggins seconded the motion which carried 7-0. BID AWARDS: (A) Water line replacement Jim Hawkins made a motion the bid for water line replacement be tabled to the next meeting. Bill Scoggins seconded the motion which carried 7-0. CONSENT AGENDA: (A) Approval of May 4, 1992 minutes (B) Approval to purchase 1992 Crown Victoria for Police Department Bill Scoggins made a motion the consent agenda be approved. Wade Lnenicka seconded the motion which carried 6-0, with Ron Newcomb abstaining. COMMITTEE REPORTS: .. In the absence of Laurel Best, John Patrick called on Rae Duncan for a report from the Library. Mr. Patrick said he has received several complaints regarding vandalism and reckless driving in his ward. They are looking into the problem nd will take whatever action is necessary. Ron Newcomb said his Community Development Committee will meet this Thursday night and will discuss a proposed amendment to the buffer ordinance and the new annexation bill. Bill Scoggins called on Chief Larry Williams for a report from the Fire Department. Chief Williams reminded everyone that burn permits may be obtained by phone on Monday through Saturday, 10:00 a.m. to 6:00 p.m. with weather permitting. May 18, 1992 meeting - continued Jim Hawkins called on Kathy Barton for a report. Mr. Hawkins stated we are still working on a cat ordinance and it was originally on the agenda tonight for approval. We need to adopt an ordinance that is workable and can be enforced. Jack Cramer called on Sherry Reavis for a report from the Parks Department. Mr. Cramer thanked the public works crews for installation of the sidewalk on Church Street. Wade Lnenicka said the water bills that were just mailed had a printed message regarding sanitation pickup that was incorrect. The scheduled pickup days for Monday and Tuesday of Memorial Day week have been moved up one day; Thursday and Friday pickups will not change. Mr. Lnenicka read a letter from the Cobb Chamber of Commerce Public Safety Committee notifying Officer Larry Wood that he has been selected as Peace Officer of the Quarter. He will be honored at a breakfast later this week. Mr. Lnenicka asked the Public Works department to check sight distance on Campbell Road at Nancy Circle and determine if the bush at that intersection needs to be trimmed or removed. Also, congratulations to Steve Ciaccio on becoming a new father and best wishes to Officer Steve Nettles, recovering from a heart attack. -..III Pete Wood said the Finance Department has been busy preparing the budget and benefit programs for employees. Mayor Bacon recognized Joe Thompson, candidate for the Eastern District Commission seat. Mayor Bacon also reminded everyone that on July 21st, an election will be held to consider changing the eligible age limit from 65 to 62 for homestead exemption. The City has also extended the qualifying period to June 19 to allow those people to receive the discounted sanitation rate. The homestead exemption, if approved, will not go into effect until 1993. With no further business, meeting adjourned at 8:18 p.m. /;;~~~ -.( .~/~.- /7 .:~~-~~i-N' ~.J.sL\. .~~ RON NEWCOMB, W 2 iJ,tL-Mi.~./d'- CITY CLERK ...., CHARLES PETE WOOD, WARD 7 ......