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June 1, 1992 Council Meeting June 1, 1992 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter on June 1, 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, Parks and Recreation Director Sherry Reavis, Communications Director Steve Ciaccio, Police Chief Stan Hook, Fire Chief Larry Williams, Library Director Laurel Best, Public Works Director Vic Broyles, Personnel Director Jane Mears, City Engineer Ken Hildebrandt, Finance Director Emory McHugh and representatives of the press. Invocation was given by Reverend York Chambless, followed by the pledge to the flag. ... Mayor Bacon recognized Judge Mary Staley, candidate for Cobb Superior Court; Bob Barr, candidate for u.S. Senate; Charlie Brown, candidate for Eastern District Commission; and Ted Reed, candidate for Eastern District Commission. CITIZENS INPUT: Laura Winston from the Hands, Feet and Mouth organization stated their annual Whirly-gig Festival would be held June 13 from 9:00 a.m. to 5:00 p.m. at Rose Garden Park and urged council to attend. Mr. Tom McCoy, a resident newspaper that the city is opposed to that. Also, Mr. fluorescent yellow paint so Councilman Hawkins commented twice a week. of Navaho Trail said he recently read in the proposing once a week garbage pickup and was McCoy suggested that our curbs be marked with that they would be more visible at night. that garbage would continue to be picked up Mr. Lee Spier with McFrugal Auto Rental, his wife and other principals of the business presented a check for $1,000 to the Smyrna Police Department. Two weeks ago his business on South Cobb Drive was vandalized, rocks thrown at the building and windows broken. The Police Department responded quickly and later found that a group of burglars were testing their alarm system before attempting to break in. Eight individuals were apprehended by the Police Department and thanks to their quick and professional action, there were no ... losses. Mr. Spier said he appreciated the City and was pleased to have the opportunity of doing business here. Councilman Jack Cramer presented the traditional crystal jonquil to Eddie Eldridge, in appreciation for serving in the Parks and Recreation Commission from 1982 to 1992. PUBLIC HEARINGS: (A) Charter amendment - Section 35(a) Bob Thomson stated this was the second hearing required under the Municipal Home Rule Act, to amend our City Charter. This amendment will redefine the qualifications and residency requirements of the Municipal Court Judge and will allow the appointment of a non-County resident to serve in this position. The amendment will delete the existing section with a 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 were no questions said this amendment has and made a motion the Councilman Newcomb said he requirements in our Code residency requirement. Vote or comments from the audience. Councilman Lnenicka been advertised for 3 consecutive weeks as required revision be approved. Pete Wood seconded the motion felt this arrtendment would be consistent with other since other appointed positions do not have a on the motion to approve carried 7-0. June 1, 1992 meeting - continued FORMAL BUSINESS: (A) Ordinance amendment - Section 503 - buffer strip requirements Bob Thomson stated this amendment, if approved, would add "cleyera" to the list of acceptable buffer plants. This is a plant similar to the red tip photenia but less likely to be killed by disease or frost. Also with this amendment is a requirement that wooden fences, when used for a buffer, be pressure treated for a 20 year life expectancy. Councilman Newcomb said the ordinances do require either a natural buffer or fence between residential and commercial areas. There is a list of recommended plants and the problem with the red tip is they are very susceptible to disease. The fences being erected are not pressure treated wood and the fences do not last. Mr. Newcomb made a motion the ordinance amendments be approved. Jim Hawkins seconded the motion which carried 7-0. ...., (B) Appoint Sharon Dunn, Cobb County Board of Elections, as Elections Superintendent for Homestead Exemption Referendum July 21, 1992 Melinda Dameron stated July 21, 1992 as provided 18, 1992. This Act will certain City of Smyrna ad or older. The Cobb County on their ballot during the the City must call and conduct a special election on in S.B. 685 approved by the legislature on February will provide for a $10,000 homestead exemption from valorem taxes for certain residents 62 years of age Board of Elections has agreed to place the question General Primary, to read as follows: NO Shall the Act be approved which provides for a $10,000 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older?" "( YES If approved by the voters, this exemption would apply to all taxable years beginning after December 31, 1992. Pete Wood made a motion that Sharon Dunn, Cobb County Board of Elections be appointed as Superintendent to call and conduct this election. Jim Hawkins seconded the motion which carried 7-0. .... (C) Ordinance amendment - adult entertainment Bob Thomson stated that Mike Williams with Cochran, Camp & Snipes has recommended we amend the adult entertainment ordinance in two sections; to shorten the distance requirements between entertainers and patrons, and to lower the stage height from 2 feet to 18 inches. These are minor concessions but it is felt they will strengthen the ordinance and allow us to proceed with strict enforcement of any of the adult entertainment facilities. Councilman Pete Wood made a motion Section 14-166 of the ordinance be amended by deleting the existing sub-paragraphs (i) and (j) and replacing with the following: Sec. 14-166. Erotic dance establishment regulations (i) All dancing shall occur on a platform intended for that purpose which is raised at least eighteen (18) inches from the level of the floor. (j) No dancing shall occur closer than four (4) feet to any patron. Bill Scoggins seconded the motion which carried 7-0. (E) Bid opening - pumper truck for Fire Department .... Bids for a new pumper truck for the Fire Department were opened, read and recorded as follows: KME Fire Apparatus Smyrna Truck Equipment Phoenix Fire Equipment Dowling Fire Equipment Pierce Manufacturing National Emergency Fire $157,920 No bid No bid $128,487 $130,926 No bid $199,772 alternate $234,136 alternate June 1, 1992 meeting - continued Bill Scoggins made a motion the bids be turned over to the Fire Committee for their recommendation back to full council at the next meeting. John Patrick seconded the motion which carried 7-0. (E) Validate petition to annex 1.72 acres in Land Lots 686 & 687 Attorney Camp read the application for annexation 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: A life estate in the following tract or parcel of land lying and being in Land Lot 686 and 685, 17th District Section, Cobb County, Georgia. As shown on plat made by Paul Hensley, County Surveyor, August, 1948, more fully described as follows: Beginning at iron post on northwest side of Watkins Road at intersection of J.M. Cox property and Watkins Road right of way; thence 387 feet along northwest side of Watkins Road right of way (more or less), to iron post and G.O. Wheeler property line; thence 180 feet northwest along Wheeler property line to iron post; thence north 167 feet to iron post; thence 315 feet east to iron post and corner of J.M. Cox property; thence in same direction 85 feet along Cox property line to iron post and Watkins Road right of way and beginning point. 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/A.N. RHODES & BILLY GLASS Mr. Camp said the beginning of the description mentions a life estate and that should be clarified because that is a limited interest and may not give the right to annex the property. Councilman Wood made a motion the petition be validated subject to ... clarification of the life estate matter with a public hearing date July 6, 1992. Wade Lnenicka seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Councilman Jim Hawkins made awarded to Ralph Ardito, the a considerable amount of work the motion which carried 7-0. a motion the bid for water line replacement be low bidder. Ardito is bonded and they have done for the city and county. Bill Scoggins seconded CONSENT AGENDA: (A) Approval of May 18, 1992 minutes Jim Hawkins made a motion the consent agenda be approved. Wade Lnenicka seconded the motion which carried 7-0. COMMITTEE REPORTS: John Patrick called on Laurel Best for a report from the Library. .. Ron Newcomb stated the Community Development committee met and discussed the buffer ordinance which was approved tonight and also discussed a draft ordinance amendment that will prescribe limitations on signage on exterior walls of buildings. Another draft ordinance will regulate outdoor carwashes and limit the discharge of soaps. Mr. Newcomb said he had volunteered to study the issue of the cat ordinance and while we realize there is considerable concern from residents, felt that we should be very careful about adopting one that is enforceable, humane and not in conflict with county ordinances or proceedings. A new State law goes into affect July 1st requiring -that all cats have rabies vaccination and collar. Cobb County already has that in place, so that will almost certainly be included with our ordinance. An ordinance should be ready for adoption at the next meeting. June 1, 1992 meeting - continued Bill Scoggins called on Larry Williams for a report from the Fire Department. Mr. Scoggins said he has had some problems with dogs in his ward recently and last week our police department was forced to kill a pit bull at a home on Morris Circle that had already attacked two dogs, killing one of them. Also we had received a number of complaints about Rottweilers at a home on Atlanta Road, and the owners of those dogs have just moved. Jim Hawkins reminded everyone that June 19th is the last day to come in and qualify for the City's homestead exemption of $10,000. The exemption will not actually go into affect until 1993 but by qualifying now, those residents will receive a discounted rate on sanitation fees when the increase goes into affect on July 1st. ..." Mr. Hawkins said the residents will continue to receive two sanitation pickups per week. The only change is that the first pickup will be for garbage only and the second will be from BFI to pick up recyclables. We are only asking that residents take the recyclables out of the normal waste stream and place them in the BFI container. Mr. Hawkins called on Vic Broyles for a report. Mr. Broyles said we are still getting complaints about the dumping at the end of North Cooper Lake Road which should be maintained by Cobb County. Mayor Bacon said he would call the county and request assistance. Jack Cramer called on Sherry Reavis for a report. Stan Hook gave a report from the Police Department and thanked Mr. Speir for his generous donation tonight. Councilman Lnenicka said citizens commending Officer manner in which they had commended the department and he had recently received two separate letters from Curtis Cook and the department in general for the dealt with their problems. Mr. Lnenicka also officers. .. Councilman Lnenicka called Communications Department. on Steve Ciaccio for a report from the ....., Mr. Lnenicka said he had also last week about trains behind conversations with railroad resolved. received a complaint from a citizen on Ann Road their home. Since then, there have been several officials and hopefully, the problem is being Mr. Lnenicka stated a speed limit sign had been placed on Glenhurst Drive at the request of citizens there. Also, the creek behind some of the homes on Ridgehurst Drive is number 4 on the drainage improvement schedule and depending on weather, hopefully can be completed by August or September. Councilman Wood said the Finance Department is still working on the FY92-93 budget which should be ready for adoption at the June 15th meeting. With no further business, meeting adjourned at 8:24 p.m. ~~ ~.dl- /t)kLK/>- MEL DA DAMERON, C1TYn --rz ... o..l (. ~ ___ RON NEWCOMB, WARD 2 '-' ....