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March 1, 1993 Council Meeting March 1, 1993 The regular scheduled meeting of Mayor and Council was held March 1, 1993 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, Assistant Public Works Director Larry Dunn, Community Relations Director Kathy Barton, Library Director Laurel Best, Athletic Coordinator Michael Justus, Police Chief Stanley Hook, Ci ty Engineer Ken Hildebrandt, Fire Chief Larry Williams, Personnel Director Mary Ann White, Finance Director Jim Triplett, Communications Director Steve Ciaccio and representatives of the ... press. Invocation was given by Councilman Jim Hawkins followed by the pledge to the flag. CITIZENS INPUT: Michael Justus recognized Angela Pryor, Emily and Ashley LaBudde, Coaches Ray Pryor and Bruce LaBudde, members of the Smyrna Youth Track program for their accomplishments and presented trophies to each of them. PUBLIC HEARINGS: (A) Business license - Action Cab, 25 Osborne Road Bob Thomson stated that Philip J. Hebert is requesting a license to operate Action Cab in the City with vehicles dispatched from their office at 25 Osborne Road in Marietta. Mr. Hebert meets the requirements of the ordinance and the police investigation was favorable. There was no opposition. ... Councilman Pete Wood said Mr. Hebert's application indicated the business was a corporation but did not have the names of the officers listed. Mr. Hebert said they are in the process of being incorporated and he would be the President. When the other officers are named they will also be submitted to the licensing department. Councilman Wood asked Mr. Hebert if he was aware that all operators must be permitted. Mr. Hebert replied that he was, and was familiar with all other requirements of the code. Mr. Hebert said that he would not operate a taxi himself; he would remain in the roofing business that he has owned and operated since 1978. Councilman Bill Scoggins asked if the taxis would be parked in the area between calls. Mr. Hebert said they did not operate that way, their vehicles will be dispatched from their office. Councilman Jim Hawkins told Mr. Hebert that this is a privilege license and all employees are subject to a police background investigation. Additionally, any statements made in the application that are false or misleading will be grounds for revocation. After further discussion Pete Wood made a motion the license be approved. Bill Scoggins seconded the motion which carried 7-0. (B) Variance request - Foodmax - exceed square footage for free standing business sign Bob Thomson stated that FoodMax Super Market is requesting a variance to increase the size of their existing sign of 120 square feet. The variance would provide for an additional 80 square feet .. of copy area needed for new businesses. There was no opposition. Diane O'Connor represented Konover South on behalf of FoodMax and stated that FoodMax is renovating the remainder of the shopping center and they need additional signage for 10 new tenants. Signage is essential because the Chinese restaurant and old theater partially block the view of the stores from the street. After further discussion Councilman Jack Cramer made a motion the variance be approved with a stipulation that portable signs not be March 1, 1993 meetinq - continued allowed. Pete Wood seconded the motion which carried 7-0. (C) Variance request - reduce rear yard setback - Cobb Center Pawn & Jewelry, 2175 Old Concord Road Bob Thomson stated that Wallace Coopwood is requesting a variance to reduce the side yard from 26.66 to 20 feet, another side yard from 10 to 5 feet and the rear yard from 30 to 6 feet for an accessory structure at 2175 Old Concord Road. There was no opposition. Mr. Coopwood said the building would be constructed at the back of the pawn shop and used to clean up vehicles for resale, with no major mechanical work, painting, oil changes, etc. being done. Letters have been received by all affected property owners stating they have no objections. Mr. Coopwood said they will be closing at a reasonable hour, probably 5:00 or 6:00 in the afternoon and had also agreed to placing a 6 foot wooden fence along the back property line to eliminate the visual impact to the homes behind them. ...... Councilman Jack Cramer made a motion the variance be approved as requested with a stipulation that a 6 foot wooden fence on the rear property line be erected and that no mechanical work be conducted at the location. Jim Hawkins seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Ratify decisions of Buildings Hearing Officer from January 1, 1992 forward Bob Thomson stated that Alton Curtis's term as Buildings Hearing Officer had expired and council action was taken on homes at 1119 Medlin Street, 2677 Knoll Road and 915 Woodland Trail subsequent to that. Councilman Ron Newcomb made a motion that council ratify those decisions made by the Hearing Officer and Council as reflected in the minutes of the October 5, 1992 meeting. Bill Scoggins seconded the motion which carried 7-0. ...... (B) Appoint Buildings Hearing Officer Councilman Ron Newcomb stated that Article 4 of the Health and Sanitation ordinance provides for the establishment of a Hearing Officer to serve at the pleasure of Mayor and Council. Alton Curtis was appointed in September, 1991, and Councilman Newcomb made a motion that Alton Curtis be re-appointed to serve the term concurrent with the existing administration which will expire December 31,1995. Jim Hawkins seconded the motion. Councilman Wade Lnenicka said he would not support the motion and while he agreed that Mr. Curtis has done a good job was a little concerned that the City was paying him to serve in this capacity while at the same time he may be advising clients in other actions against the City. Vote on the motion carried 6-1 with Wade Lnenicka opposed. (C) Appoint Smyrna Housing Authority representatives, Wards 1 & 2 Councilman John Patrick made a motion that Charlene Capilouto be appointed to the Housing Authority representing Ward 1. Councilman Wade Lnenicka seconded the motion which carried 7-0. ...... Councilman Ron Newcomb made a motion that Ray Tubach be appointed to the Housing Authority representing Ward 2. Councilman Wade Lnenicka seconded the motion which carried 7-0. (D) Bid opening - chipper for Public Works Department Bids were opened, read and recorded as follows: March 1, 1993 meetinq - continued Southeastern Equipment $15,736 Model 200 $16,200 Model 250 $16,701 Model 200 $16,999 Model 250 $18,490 Model 1250 $19,125 Model 1250 Vermeer Sales Vermeer Sales 1320 Gresham Road .. Councilman Bill Scoggins made a motion the bids be turned over to the committee for their recommendation back to full council. Councilman Pete Wood seconded the motion which carried 7-0. Councilman Jack Cramer made a motion the rules be suspended to approve the purchase of a van for the Parks Department. Jim Hawkins seconded the motion which carried 7-0. Councilman Cramer said that sealed bids were opened February 26th on a para-transit bus to be funded through the CDBG program. The recommendation is that the bid be awarded to Shields Southeastern Sales at $50,696, the low bid meeting specifications. The van will transport 22 persons and had a hydraulic lift for the handicapped. Councilman Cramer made a motion the bid be awarded to Shields Southeastern Sales. Councilman Bill Scoggins seconded the motion which carried 6-0, with Wade Lnenicka abstaining due to the lack of time to review the bids and specifications at the meeting. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to report. CONSENT AGENDA: .. (A) Approval of February 15, 1993 minutes (B) Approval of CDBG subrecipient agreement (C) Approval to request bids for protective vests Police Department (D) Approval to use council chambers - March 16, 1993 from 7:00 to 10:00 p.m. (E) Approval to transfer CDBG funds from Rose Garden improvements to handicapped ramps at City-owned buildings (F) Request for sealed bids for sale of 1971 and 1975 fire trucks (G) Approval to authorize Smyrna Housing Authority to advertise for TEFRA hearing Councilman Jim Hawkins made a motion the consent agenda be approved. Bill Scoggins seconded the motion which carried 7-0. COMMITTEE REPORTS: Councilman Pete Wood called on Finance Director Jim Triplett for a report. Mr. Triplett provided an' update on the Water and Sewer revenue fund and stated that budget packets would be distributed this Thursday to department heads. ... Councilman Wade Lnenicka called on Steve Ciaccio for a report. Mr.Ciaccio reported on recent storm damage and stated the city has pamphlets available to inform the public regarding the warning signals and their functions during inclement weather. Mr.Ciaccio also urged that citizens not call 911 when the signals are sounded, but instead they should tune in to a local television or radio station for further information. Councilman Lnenicka said tonight the council approved the bid request for protective vests for our police officers. These vests are expensive and must be replaced every 5 years. A new material is now available and while the cost is over $500 the warranty is twice as long and they also provide added protection to the wearer. March 1, 1993 meetinq - continued Councilman Lnenicka recognized several officers in our police department who have received letters of commendation from citizens and also read a letter from the U.S. Justice Department praising our detective division for the assistance they provided them in solving a case recently. Councilman Lnenicka said he has also received complaints about dogs running loose in his ward and the Ashwood Drive area and would ask the animal control officer to spend more time patrolling that area. Councilman Jack Cramer made a motion the rules be suspended to consider a request for proposals for fireworks for the 4th of July. Jim Hawkins seconded the motion which carried 7-0. ..... Councilman Cramer made a motion that council authorize the City to request proposals for the fireworks display for the 4th of July activities. Bill Scoggins seconded the motion which carried 7-0. Councilman Cramer called on Michael Justus for a report from the Parks Department. Beginning next week, fees will be charged for open gym time for non-residents and if problems continue, we may need to discontinue the open gym policy completely. Mr. Justus said he had also met with Georgia Power to discuss the outdoor lighting needs around the Community Center and Library and would probably budget those improvements in 1994. Councilman Cramer said his next neighborhood meeting will be March 30 at 7:00 p.m. and it will also be televised. Councilman Jim Hawkins called on Chief Larry Williams for a report from the Fire Department. Chief Williams recognized the members of his department who responded to the construction cave-in on February 8th and rescued the person who was partially buried. Certificates of recognition were presented to each. Councilman Bill Scoggins called on Larry Dunn for a report from Public Works. Mr. Dunn said the light on Atlanta Road at Pat Mell is up and would be operational this Friday. -- Councilman Scoggins also called on Kathy Barton for a report from Community Relations. Mrs. Barton said "Earth Day" is April 22 and on that day, a "Wa'ste in the Workplace" workshop is being conducted at the Community Center. Councilman Ron Newcomb called on Ken Hildebrandt for a report from Community Development. Mr. Hildebrandt said that since the tree protection ordinance was adopted, three sets of plans were submitted that were reviewed and made to comply. Councilman Newcomb outlined the procedure that has been used when complaints are received from a citizen regarding junk cars and overgrown yards which usually takes 4 to 6 months before a court date is set. The committee has been working on streamlining those procedures and now have that time down to 6 weeks. Councilman Newcomb said he thought the resident would see a marked difference in the time frame from their date of original complaint until the case is tried. Councilman Newcomb called on Mary Ann White for a report from Personnel. Mrs. White reported on job openings in the City and also presented.a plaque and gift to Michael Justus for Linda Green, as Employee of the Month. ..... Councilman John Patrick called on Laurel Best for a report form the Library. Ms. Best welcomed the new Childrens Librarian, Tonda Morris. Mayor Bacon congratulated .the Campbell High School Basketball team for their winning season which will take them to the State tournament. ... meeting /" 4 6 - ...