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November 2, 1992 Council Meeting NOVEMBER 2, 1992 The regular scheduled meeting of Mayor and Council was held November 2, 1992 at Smyrna City Hall. The meeting was called to order at 7:30 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, Communications Director Steve Ciaccio, Community Relations Director Kathie Barton, Fire Chief Larry Williams, City Engineer Ken Hildebrandt, Library Director Laurel Best, Parks and Recreation Department representative Keith Nelson, Public Works Assistant Director Larry Dunn, Finance Department representative Sharon Williams, Police Department Representative Bill Hayes and representatives of the press. .... Invocation was given by Reverend Jim Lewis of the Locust Grove Baptist Church followed by the pledge to the flag. Citizens Input: Councilman Jim Hawkins read a proclamation declaring November as Poppy Month and November 7 as Poppy Day. This proclamation was presented to Betty Turley, member of the American Legion Women's Auxiliary. Ms. Turley introduced Michelle Floyd and Peggy Futrell and thanked the Mayor and Council for their support and recognition of Poppy Day. The proclamation was accepted on behalf of Unit 160 of the American Legion. Mayor Bacon recognized Congressional candidates Newt Gingrich and Tony Center and also school board candidate Norman Bigham. PUBLIC HEARINGS: (A) Variance Request - Reduce Side Yard Setback - 1671 Tyler Green Trail Mayor Bacon stated this variance request and asked if there was anyone here in opposition to this variance request. There was none. ... City Administrator Bob Thomson stated that Steve Edison Builders is requesting a variance due to a mistake made by the foundation crew. Mr. Thomson stated that in the letter of hardship, Mr. Edison stated that he hoped this is the first and last letter of hardship he will have to submit to the City of Smyrna. Mr. Edison's letter also indicated that both lots adjacent to this property were vacant at this time and it is likely that he will be the builder on them. Mayor Bacon stated this was in Mr. Lnenicka's ward and asked Steve Edison to come forward at this time. Councilman Lnenicka asked Mr. Edison to explain what he was requesting. Mr. Edison indicated this variance was due to a mistake made by his foundation crew. The crew did run a string up the side line of the property and due to the elevation change they made a mistake on one side of the property. He indicated that the front of the house is within the lines, it is just the back corner of the house that is missing being within the lines by a foot or so. Councilman Lnenicka asked Mr. Edison if he owned the adjacent lot and Mr. Edison responded that he did not. Mr. Edison stated there are only eight lots remaining the subdivision and he might eventually own the lots. The house is approximately 3500 square feet. Mr. Lnenicka made a motion to approve the variance request at 1671 Tyler Green Trail to reduce the side yard setback from 10 feet to 8.86 feet be approved. Pete Wood seconded the motion. The motion was approved 7-0. ... (B) Annexation of Property in LL 307, 270, 271 and 306 Mayor Bacon stated this annexation petition was read at the last meeting of Council. Mayor Bacon stated Mr. Thompson was not present and that his presence was not required. Mayor Bacon then asked if there was anyone present in opposition to this annexation request. There was none. Councilman Cramer explained he had talked with Mr. Thompson earlier today and Mr. Thompson had indicated he would be unable to attend the meeting tonight. Mr. Cramer then made a motion to approve the annexation of the property in LL 307, November 2, 1992, meeting - continued 270, 271 and 306 into the City of Smyrna and become a part of Ward 5. Jim Hawkins seconded the motion. The motion was approved 7-0. (C) Close and Convey 5' Alley - Dunn Street Bob Thomson stated that the City would conduct a public hearing for the purpose of closing and abandoning an unimproved 10' right of way beginning at a point on the west side of Dunn Street, 210 feet from the southwest corner of Dunn Street and Concord Road, and running west a distance of 188.1 feet. Mr. Thomson explained that basically this is an alleyway that was open and the residents would like it closed. ...." Mayor Bacon stated this is a public hearing and asked if there was anyone present who would like to comment on this request. There was none. Councilman Hawkins explained that this is a 10' alley that runs between several pieces of property that years ago was used by the City to pick up garbage. The alleyway has been abandoned for a number of years and has grown over and looks like it is a part of the yard there. Mr. Hawkins made a motion that the alleyway be deeded over to the adjoining property owners that abut that alleyway and get it permanently closed as he does not foresee the City ever using this alleyway again. Mr. Pete Wood seconded the motion. Councilman Lnenicka asked if the cost of this was to be borne by the property owners. Mr. Hawkins stated it would be at the expense of any property owners who wanted a part of the alleyway to share the cost of deeding this property over. The attorney's fees will be borne by the citizens wishing to own this property. Mr. Scoggins asked if this alley extended from Dunn Street to Concord Road? Mr. Hawkins explained the alley starts on Dunn Street and goes to the back of the first lot and does not touch Concord Road at all. Mr. Hawkins made a motion to close and abandon the alleyway on Dunn Street. Pete Wood seconded the motion. The motion was approved 7-0. ...." FORMAL BUSINESS: (A) RollOut Waste Container Service - Commercial Customers Windy Hill Road and Concord Road Mr. Thomson stated the Public Works Committee recommends that the businesses on Concord and Windy Hill currently receiving in-ground sanitation service be allowed to use rollout containers. It is recommended that the businesses, after a 45-day notice, be advised that their sanitation service will be changed to ninety gallon waste containers. Our contract hauler will provide this service for $20jmonth per customer and we propose to charge the customers $30jmonth which is still $7 a month less than the charge for the smallest (2-yard dumpster) container. This service will benefit the appearance of the city. Mr. Hawkins stated this does not necessarily apply to just those businesses on Windy Hill and Concord. He stated the City is trying to provide all businesses that are zoned limited commercial and higher, that are presently using the old in-ground residential cans, and are not on dumpster service with ninety-gallon herbie kerbies. It will affect most of the businesses that are located on Windy Hill and Concord Road. We have received numerous complaints that there is garbage allover Windy Hill and Concord Roads because they have too much garbage to put in the residential containers. The City is trying to be fair and attempting to keep the garbage from piling up on the streets. This will hopefully solve the problem of unsightly garbage and will also make it easier to pick up the 90-gallon rollout. Chambers Development is going to provide this .., service for us. Mr. Thomson stated this will also provide a safety consideration due to the traffic on these corridors. Mr. Hawkins explained this service, if approved by Council tonight, would go into effect December 15, 1992. Mr. Hawkins made a motion that all businesses, limited commercial and higher, be required to have the 90-gallon herbie kerbies or the regular commercial dumpsters. Ron Newcomb seconded the motion. The motion was approved 7-0. .. .. .... November 2, 1992, meeting - continued (B) Ordinance Amendment - Section 3-67 and 3-68 Bob Thomson stated there has been a request for extended hours of operation under Lhe Alcoholic Beverage Ordinance. The amendment will allow for the extension of hours Monday through Friday from 2:00 a.m. to 4:00 a.m. for those obtaining a special permit. Mr. Wood stated it was the responsibility of the Finance and Administration Committee to review and recommend relative to business licenses of this type. We have been in the process of trying to bring our Ordinances in line with other metro counties and municipalities. Mr. Wood stated we have existing in the City two license categories relating to the sale of alcoholic beverages. The standard license provides the minimum hours that pouring license holders shall be entitled to operate - between the hours of 8:00 a.m. and 2:00 a.m. Monday through Friday and Saturday 8:00 a.m. through 2:55 a.m. No sale shall be made between the hours of 3:00 a.m. Sunday and 8:00 a.m. on Monday or on Christmas Day. In addition to that standard ordinance we have a Sunday sales permit that has been on the books some years. Alcoholic beverages may be sold and served for the consumption on the premises on Sundays from 12:30 p.m. until 12:00 midnight in any licensed establishment which derives at least 60% of its total annual gross food and beverage sales from the sale of prepared meals and food. He also stated this was a third category called a Special Sales Permit and it authorizes the sale, under Sectlon 3-67 and 3-68 of the Code of the City of Smyrna, in addition to the hours of operation specified in the Section 3-67, of alcoholic beverage for consumption on the premises during the hours of 2: 00 a. m. and 4: 00 a. m. Monday through Friday except on Christmas Day and any licensed establishment which derives at least 60% gross sales, from the sale of prepared meals or food. This ordinance changes this to a new Special Sales Permit category and establishes a new fee which may be changed from time to time by the Mayor and Council by resolution and a schedule of the fee shall be maintained in the office of the City Clerk. He further stated the Mayor and Council will establish the fee for this special category prior to the granting of any license under this new sales permit will be published prior to any issuance of the permit. Mr. Wood stated the Finance and Administration Committee recommends approval of the ordinance amendment. Motion was seconded by Jim Hawkins. Mr. Newcomb stated he serves on the Finance and Administration Committee but he is personally opposed to the extension of hours as outlined in this ordinance amendment. The motion was approved 6-1 with Councilman Newcomb opposed. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) 1993 Mid-sized Truck for Community Development Department Councilman Newcomb stated three bids were received for the mid-sized truck for the Community Development Department. The low bid was $10,093.70 from Chuck Clancy Ford for a Ford Ranger. Mr. Newcomb made a motion that the City accept the low bid and make the award to Chuck Clancy Ford. Wade Lnenicka seconded the motion which was approved 7-0. (B) 38' UL Lift - Parks and Recreation Department Councilman Cramer stated four bids were received and it is the recommendation of the Parks and Recreation Committee that the bid be awarded to Upright, Inc. He further stated they were not the low bidder but they met the specifications. Mr. Cramer made a motion to award the bid to Upright, Inc. for $6,928. Mr. Lnenicka asked if the low bid from Booms and Scissors who presented two alternates did not meet our specs. Mr. Cramer responded that was correct. Mr. Lnenicka then stated that if that was the case, Upright, Inc. would be the low bidder who met specifications. Jim Hawkins seconded the motion which was approved 7-0 November 2, 1992, meeting - continued (C) Solid Waste Management Plan Mr. Newcomb moved that this item be tabled to the next Council meeting. Motion was seconded by Jim Hawkins. This motion was approved 7-0. CONSENT AGENDA: (A) Approval of October 19, 1992, Minutes (B) Surplus Equipment from Parks Department Councilman Lnenicka made a motion to approve the consent agenda. seconded the motion which was carried 7-0. Jack Cramer -- COMMITTEE REPORTS: Mr. Patrick stated the artist for the month of November is Sharon Joan Brownstein and is entitled an "Exploration of Faces". He also stated there will be a Library Committee Meeting on Friday, November 6, at noon. Mr. Patrick stated he had received several complaints of rats in the Afton Downs area which apparently stems from an overflow of the dumpsters of the near by apartments. He indicated he would be investigating this problem and will try to reach a resolution to this problem. Mr. Newcomb stated he had met on Friday afternoon with City Engineer Ken Hildebrandt, Public Works Director Vic Broyles and City Administrator Bob Thomson and four or five residents of the area near Poplar Creek. Some resolution was reached on several issues. He stated the City is continuing to look at the drainage problems in the Highland Drive area. Mr. Scoggins asked Larry Williams to come forward at this time. The Fire Department has begun an Outstanding Employee of the Month program and announced the award for this month is being presented to Ms. Peggy Alford. Ms. Alford is retiring after more than eighteen years of service with the City. Mayor Bacon presented Ms. Alford with a placque commemorating her years of service with the City and also presented her with a crystal jonquil. Ms. Alford thanked the City. ....tII Chief Williams then told the Mayor and Council that Councilman Jack Cramer had donated a dalmatian puppy to the Fire Station. Jim Hawkins reminded everyone to be sure to vote in tomorrow's election. Mr. Hawkins then called on Assistant Public Works Director Larry Dunn for a report on the Public Works Department. Larry Dunn stated work had begun on the 1% Paving projects and have completed work on Rolling View Drive, Ridgecrest Lane and Falling Waters. The Hillside water line has begun but is not complete; the Birch Street water line work has been completed and the Public Works Department is in the process of replacing the sidewalks that had to be torn up in order to replace the water lines. Mr. Dunn stated his department has begun work on the Falling Waters drainage problems; Havilon Way piping has been completed as well as Creatwood. The Gann Road piping has been completed and paving will be done soon. Mr. Cramer thanked the Public Works Department for placing signage at Old Spring Road and San Fernando area. Wade Lnenicka recognized Lt. C. C. Cook and Officer Michael Sinclair for their professionalism and the manner in which they represent the City. Mr. Lnenicka stated he and Bob Thomson had met with members of the Cobb County D.O.T. to discuss the Atlanta Road widening project. Also discussed was the request for a traffic light at Creatwood Trail and Atlanta Road and Cobb County has promised to look into this matter. -- Mr. Lnenicka also urged everyone to vote in tomorrow's election. Mr. Lnenicka then thanked Bill Kinney of the Marietta Daily Journal for an article about Smyrna's redeveloped downtown area. November 2, 1992, meeting - continued Mr. Wood stated the City is advertising for a Finance Director as well as a Personnel Director and complimented the current staff for the fine work they are doing in the absence of these two professionals. Mr. Wood also stated the Smyrna Museum on King Street is well worth visiting and encouraged everyone to visit the museum. With no further business the meeting adjourned at 8:27 p.m. .. J~4---- tiJdl-~ iJJ4N~ MELINDA D RON, CITY CLERK A. MAX BACON, MAYOR lA?/)-kiit"" ~ WARD 1 ~--~ -- - J BILL SC GINS, W 3 fd.1~ ~?~~~ CHARLES PETE WOOD, WARD 7 WADE ... ...