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January 20, 1992 Council Meeting SITE CODE ENFORCEMENT OFFICER 1, Robert Burns , do solemnly swear that I will well and truly demean myself as Site Code Enforcement Officer of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as SITE CODE ENFORCEMENT OFFICER act as I believe for the best interest of the said City. So help me God. -,/1~~e 7 f-4~ ~ / L /'-- Robert Burns ( Seal) Site Code Enforcement Officer .. SANITATION CODE OFFICER I, Eddie Bessette , do solemnly swear that I will well and truly demean myself as Sanitation Code Officer of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as SANITATION CODE OFFICER act as I believe for the best interest of the said City. So help me God. ~~ Eddie Bessette (Seal) Sanitation Code Officer Subscribed and sworn to before me on this ;;ue day of January, 1992. ~~ A. Max Bacon, Mayor ... CLERK OF THE CIVIL SERVICE BOARD I, J. Phagan Durham , do solemnly swear that I will well and truly demean myself as Clerk of the Civil Service Board of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as CLERK OF THE CIVIL SERVICE BOARD act as I believe for the best interest of the said City. So help me God. ~~ . Phagan Du ham ( Seal) Clerk of the Civil Service Board Subscribed and sworn to before me on this Z~ day of January, 1992. -- CHIEF BUILDING OFFICIAL I, Scott Stokes , do solemnly swear that I will well and truly demean myself as Chief Building Official of the City of Smyr a for the nsuing term, and that I will faithfully enforce the Charter and 0 din nces said City to the best of my ability, without fear or favor, and 1 my ions as CHIEF BUILDING OFFICIAL act as I believe for the best i t of said City. So help me God. (Seal) ... Subscribed and sworn to before me on this 2/~ day of January, 1992. ~~ A. Max Bacon, Mayor CITY MARSHAL FOR CODE ENFORCEMENT I, Gene Golden , do solemnly swear that I will well and truly demean myself as City Marshal for Code Enforcement of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as CITY MARSHAL FOR CODE ENFORCEMENT act as I believe for the best interest of the said City. So help me God. ... ~k~ Gene Golden (Seal-r--. City Marshal for Code Enforcement Subscribed and sworn to before me on this ,;l/~ day of January, 1992. ~~ A. Max Bacon, Mayor BUILDING INSPECTOR I, Robin Broyles , do solemnly swear that I will well and truly demean myself as Building Inspector of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as BUILDING INSPECTOR act as I believe for the best interest of the said City. So help me God. ... ~L~ Robin Broyles Building Inspector (Seal) Subscribed and sworn to before me on this .2J~ day of January, 1992. ~~ A. Max Bacon, Mayor FIRE MARSHAL I, James Ruffner , do solemnly swear that I will well and truly demean myself as Fire Marshal for Code Enforcement of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said city to the best of my ability, without fear or favor, and in all my actions as FIRE MARSHAL act as I believe for the best interest of the said City. So help me God. (Seal) ... Subscribed and sworn to before me on this 2{'~ day of January, 1992. ~~ A. Max Bacon, Mayor FIRE INSPECTOR/INVESTIGATOR I, Steve Gaddy, do solemnly swear that I will well and truly demean myself as Fire Inspector/Investigator of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as FIRE INSPECTOR/INVESTIGATOR act as I believe for the best interest of the said City. So help me God. .. 4~;t. ~~ Steve Gaddy (Se Fire Inspector/Investigator Subscribed and sworn to before me on this day of January, 1992. A. Max Bacon, Mayor FIRE INSPECTOR/INVESTIGATOR I, Thomas Mahaney , do solemnly swear that I will well and truly demean myself as Fire Inspector/Investigator of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as FIRE INSPECTOR/INVESTIGATOR act as I believe for the best interest of the said City. So help me God. .. Subscribed and sworn to before me on this tP-/~~ day of January, 1992. ~~ A. Max Bacon, Mayor January 20, 1992 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on January 20, 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, 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, Lieutenant Doug Carlson representing the Police Department, City Engineer Ken Hildebrandt, Public Works Assistant Director Larry Dunn, Personnel Director Jane Mears, Candis Joiner and representatives of the press. ... Invocation was given by Gary Ellison, Pastor of Calvary Baptist Church followed by the pledge to the flag. CITIZENS INPUT: Ann Bishop, Ward 5 representative of the Smyrna Clean Commission stated she and the other volunteers worked Saturday picking up trash as part of the Adopt a Mile Program. Ms. Bishop asked if there was any action the Mayor and Council could take to help prevent the littering of the City other than the policy that was in force. Mayor Bacon stated the City was aware of the problem and appreciated the efforts of the Clean City Commission. He also stated how difficult it is to actually catch someone littering. Councilman Wood stated that every week the Mayor and Council receive a report from our City Marshal Gene Golden, Community Development Depart- ment, of all the cases he investigates. This report includes junk cars, trash in yards, unsightly area in the City. This report reflects the action taken by the city and follows the cases from investigation to final disposition of the complaints. ... Councilman Lnenicka read a proclamation declaring January 31, 1992, as "Dress Down for Leukemia Day." The Leukemia Society is selling official stickers which the purchaser can present to their employers and will allow the purchaser to dress casually for work on Friday, January 31. The idea is to raise money for leukemia research. PUBLIC HEARINGS: (A) Privilege License - Agent Change Monterrey's Mexican Restaurant - 2540 North Atlanta Road Ms. Dameron stated Monterrey's Mexican Restaurant is requesting a manage- ment change for their pouring license at this address. Rhonda Mann has held the license at the Kenwood Plaza location since July and now has been appointed as the agent for this location. This is in Mr. Cramer's ward. Mayor Bacon stated Mr. Karp is present to represent Monterrey's and Ms. Mann is also present. Mayor Bacon asked if there was anyone here in opposition to this change. There was none. Councilman Cramer asked Ms. Mann if she is currently the agent for the location on South Cobb Drive and Ms. Mann responded yes. Mr. Cramer asked Ms. Mann how long she had been the agent for the South Cobb Drive location. Ms. Mann stated since August, 1991. Councilman Cramer asked Ms. Mann if she understood all the Ordinances of the City in relation to being the agent. Ms. Mann responded she did. .. Councilman Cramer stated the Police Department investigation showed there were no circumstances that would preclude this agent change. Councilman Scoggins asked if City Hall had furnished Ms. Mann any brochures, literature, or information to help her run this business. Ms. Mann responded they had. Councilman Lnenicka encouraged Ms. Mann to check ID's and operate within the law. Councilman Cramer made a motion to approve the privilege license agent change for Monterrey's Mexican Restaurant at 2540 North Atlanta Road. Councilman Hawkins seconded the motion. Motion was approved 7-0. January 20, 1992, meeting - continued (B) Privilege License - Management Change - South Cobb Shell - 2875 South Cobb Drive Ms. Dameron stated South Cobb Shell is requesting renewal of their beer and wine package sales at this address. Mr. Robert Dwayne Rogers is the agent for this location and will remain as the agent. The only change is in the name of the business in the corporate structure. Mr. Harold Karp, the attorney representing South Cobb Shell, stated that neither the licensee nor the owner were present tonight. Mr. Donati is now 100% owner of this business and is requesting this change in the name of the business. Mayor Bacon confirmed with Mr. Camp, City Attorney, that the City could proceed without either the licensee or owner being present. This is just a change in ownership. ..... Mayor Bacon stated this is a public hearing and asked if there was anyone here in opposition to this management change. There was none. Councilman Cramer made a motion that we approve this license change. Motion was seconded by Councilman Hawkins. Motion was approved 7-0. (C) Variance Request - Front Yard Setback - 1725 Spring Road Ms. Dameron stated that Mr. Aaron Feldman is requesting a variance on the front yard setback requirements from 50 to 25 feet for an addition to his building which is being renovated for a pawn shop. This is in Mr. Scoggins ward. Mayor Bacon stated Mr. Feldman is present and this is a public hearing and asked if there was anyone here in opposition to this hearing. There was none. Councilman Scoggins asked Mr. Feldman to explain his letter of hardship which outlined why it is necessary to request this variance. Mr. Feldman stated he was requesting permission to add an additional 1,000 square feet to the existing building at 1725 Spring Road. This addition is necessary to comply with insurance company specifications for commercial type safes, vaults and security measures required for the operation of jewelry, gold and etc., type sales. The additional space is necessary to accommodate display cases shelving merchandising items. The building is currently a 2,000 square foot structure and we need additional space to put security type vaults and safes behind an enclosed wall. If we petition the existing 2,000 square feet it would leave us with very little selling area and would not make a presentable store. He also indicated when items are taken in pawn they are not supposed to be on the selling floor they will be in the additional space which will constitute a stock room, storage room or separate area from the selling area so these items will not be on the selling floor. ...., Councilman Scoggins asked Mr. Feldman if this is a requirement of the insurance store. Mr. Feldman stated it was. Councilman Wood asked what type of structure Mr. Feldman planned to build at his location. Mr. Feldman responded the structure would be similar to the existing building, masonry, brick and concrete. Councilman Wood asked if this type building would meet the security requirements. Mr. Feldman stated it would meet the security requirements as well as the City Build- ing Codes as well. Councilman Scoggins asked Mr. Feldman if he was planning to change the asphalt area at this location and asked if he was just encroaching on the asphalt from the building. Mr. Feldman stated the only external change would be a 50 x 20' addition. ...., Councilman Wood asked if this is on the Spring Road side and Mr. Feldman responded yes. January 20, 1992, meeting - continued Councilman Lnenicka asked what will be the distance from the front corner of his building and the curb of Spring Road. Mr. Feldman stated he did not know exactly but indicated that with the variance it would be acceptable to City requirements. Mr. Lnenicka said he wanted to know how close the building would be to the side of the road. Mr. Scoggins said it would probably be 30 feet from Spring Road. .. Councilman Scoggins made a motion that the variance request at 1725 Spring Road to reduce the front yard setback from 50 to 25 feet be approved. Councilman Wood seconded the motion. Councilman Lnenicka said he was not going to support that motion because he feels on a four-lane road with a turn lane, 45 mph speed limit that 30-35 feet to the edge is just too close. Motion was approved 6-1 with Mr. Lnenicka opposed. FORMAL BUSINESS: (A) Validate Petition to Annex Property - Vacant Lot Behind 219 Oak Forest Drive Ms. Dameron stated that Mr. C. C. Lee has requested annexation of the property behind his home at 219 Oak Forest Drive. The property is vacant now and is in Mr. Wood's ward. Mr. Camp read the legal description 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 described as follows: All that certain property situated and being in Land Lot 239 of the 17th District and 2nd Section of Cobb County, Georgia, being Parcel 1, and more particularly described as follows: ... BEGINNING at the common intersection of Land Lots 239, 240, 265, and 266; thence northerly along the common line of Land Lots 239 and 266 a distance of 425 feet more or less to a point, said point being the POINT OF BEGINNING; thence North 01 degrees 16 minutes 42 seconds East along the common line of Land Lots 239 and 266 a distance of 399.01 feet to a point; thence North 89 degrees 03 minutes 56 seconds West a distance of 100.48 feet to a point; thence South 00 degrees 13 minutes 53 seconds West a distance of 396.70 feet to a point; thence South 88 degrees 03 minutes 22 seconds East a distance of 111.04 feet to 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/Calvin C. Lee. Councilman Wood made a motion the petition be validated and the public hearing set for February 17, 1992. Wade Lnenicka seconded the motion. Motion approved 7-0. (B) Ordinance Amendment - Speed Zone Ordinance .. Ms. Dameron stated the State Department of Transportation has resubmitted our speed zone ordinance in a more current format. The ordinance contains two changes; (1) Speed limit change on South Cobb Drive from 50 mph to 45 mph, and (2) Speed limit change on Highlands Parkway from 35 mph to 45 mph. Councilman Lnenicka stated South Cobb Drive is a state road and the State controls the speed limits on these routes. They have instructed us to lower the speed limit on South Cobb Drive for safety reasons. The signage should be complete and this will enact legislation for us to begin enforcing the new speed limit. Councilman Lnenicka moved that we make these ordinance amendments on the Speed Zone Ordinance as presented. Councilman Wood seconded the motion. Motion was approved 7-0. January 20, 1992, meeting - continued (C) Appointment to Planning and Zoning Board - Ward 2 Councilman Newcomb stated he would like to appoint Betty Turley as the representative from Ward 2 to serve on the Planning and Zoning Board. Councilman Newcomb then made a motion that Betty Turley be appointed as the Ward 2 representative on the Planning and Zoning Board. Wade Lnenicka seconded the motion. Motion was approved 7-0. (D) Appointment to Parks and Recreation Commission - Ward 3 Councilman Scoggins stated Rosie Malone had consented to serve as the representative from Ward 3 on the Parks and Recreation Commission. Councilman Scoggins made a motion that Rosie Malone be appointed as the Ward 3 representative to serve on the Parks and Recreation Commission for the next year. Jim Hawkins seconded the motion. Motion was approve 7-0. ..... (E) Appointment to Clean City Commission - Ward 3 Councilman Scoggins stated Charlie Phillips has served for the last year on the Clean City Commission and has done an excellent job. Councilman Scoggins made a motion to appoint Charlie Phillips to serve on the Clean City Commission from Ward 3. Wade Lnenicka seconded the motion. Motion was approved 7-0. (F) Validate Petition to Annex Property - Intersection Corn Road and Jonquil Drive Extension Ms. Dameron stated this property is owned by Mr. James Loverne and is in Ward 3. Mr. Camp read the legal description 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 described as follows: All that certain property situated and being in Land Lot 630 of the 17th District and 2nd Section of Cobb County, Georgia, being Parcels 5 and 10, and more particularly described as follows: .., BEGINNING at the intersection of the eastern right of way of Jonquil Drive Extension with the southern right of way of Corn Road, said point being the POINT OF BEGINNING; thence South 87 degrees 24 minutes 43 seconds East along said right of way of Corn Road a distance of 30.0 feet to a point; thence South 89 degrees 41 minutes 03 seconds East along said right of way of Corn Road a distance of 110.24 feet to a point; thence South 88 degrees 07 minutes 30 seconds East along said right of way of Corn Road a distance of 99.90 feet to a point; thence South 88 degrees 19 minutes 29 seconds East along said right of way of Corn Road a distance of 69.83 feet to a point; thence South 03 degrees 36 minutes 00 seconds West a distance of 492.25 feet to a point; thence North 57 degrees 30 minutes 33 seconds West a distance of 23.50 feet to a point; thence North 62 degrees 03 minutes 15 seconds West a distance of 33.89 feet to a point; thence North 62 degrees 03 minutes 15 seconds West a distance of 91.46 feet to a point; thence North 48 degrees 38 minutes 11 seconds West a distance of 63.55 feet to a point; thence North 69 degrees 54 minutes 33 seconds West a distance of 84.39 feet to a point; thence North 22 degrees 03 minutes 04 seconds West a distance of 42.25 feet to a point; thence North 17 degrees 46 minutes 16 seconds West a distance of 110.51 feet to a point; thence North 57 degrees 27 minutes 28 seconds West a distance of 14.37 feet to a point; thence North 63 degrees 32 minutes 15 seconds west a distance of 61.47 feet to a point on the eastern right of way of Jonquil Drive Extension; thence North 28 degrees 28 minutes 12 seconds east along said right of way of Jonquil Drive Extension a distance of 157.0 feet to a point; thence North 28 degrees 24 minutes 23 seconds East along said right of way of Jonquil Drive Extension a distance of 43.67 feet to the POINT OF BEGINNING. .., January 20, 1992, meeting - continued 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/J. E. Loverne; sjRobert R. Andrews Mr. Camp stated Mr. Loverne is presently the title owner of the property and Mr. Andrews will be the title holder of the property this week so both parties have signed. Councilman Newcomb made a motion the petition be validated and the public hearing set for February 17, 1992. Bill Scoggins seconded the motion. Motion approved 7-0. ... COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Creatwood Playground Equipment - Parks and Recreation Committee Councilman Cramer made a motion that we reject the bid. There is nothing wrong with the vendors or their bids. Personally we have gone down and inspected the equipment and think there is some life left in the equipment and there are some things we can do in the park and due to budgetary constraints, I think we can work with what we have right now. Councilman Cramer made a motion that we reject the bids. Councilman Lnenicka seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of January 6, 1992, minutes (B) Budget Adjustments (C) Authorization to Accept Credit Cards/Personal Checks for Fines and Bond in Municipal Court (D) Approval to Install Left Turn Signal - Kings Springs at South Cobb .. Councilman Hawkins made a motion that the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Library Committee - Chairman John Patrick stated the Library Committee would be meeting January 21, 1992. One item of interest at the Library will be an exhibit of oil paintings by Betty Jackson, a local artist, during the entire month of February. Community Development Committee - Councilman Newcomb stated the Community Development Committee would be meeting January 21, 1992. Annexation Committee - Councilman Newcomb stated this committee had met with Bill Clark, the Annexation Coordinator, and had discussed several items of interest. Mr. Newcomb stated that tomorrow the Annexation Bill will be heard at the Capitol tomorrow in a Committee Hearing and he and Jim Hawkins, if his schedule allows, plans to attend this hearing. .. Fire Committee - Councilman Scoggins stated the Fire Committee met last Wednesday and one of the highlights of that meeting is the renovation of the old Library site to be used for our EMS Training, which has grown to be quite heavy in our city. We are receiving requests from places like Dobbins Air Force Base to use our instructor for a paid fee to the City. We have also received requests from Cobb County for this service. The firemen are doing the work and the building is looking good. Public Works Committee - Councilman Hawkins stated Larry Dunn is present tonight representing the Public Works Department and that he did not really have anything to report. Mr. Hawkins stated the Public Works Committee had met and will be meeting again soon. The Committee was presented with a list of recommendations from the Clean City Commission which he felt were very valid. One item is the adoption of a Solid Waste Management Plan and this should take top priority. Mr. Hawkins expressed his appreciation to the crews of the Public Works Department for being out in the inclement weather Saturday night putting sand out on the roads. These are the less visible employees of the City but their work is very much appreciated. January 20, 1992, meeting - continued Clean City Committee - Councilman Hawkins called on Kathie Barton for a report on this committee. Ms. Barton thanked the volunteers who did show up Saturday for the work they performed. The volunteers picked up about ninety-six bags of litter. Ms. Barton stated our next project will be April 4, 1992. As a point of interest Ms. Barton stated according to a photometric index that Smyrna is 62% cleaner than a survey conducted in 1984. Councilman Hawkins also stated that April 4 should be circled on every- one's calendar and challenged the rest of the Council to be present for this clean up project. Parks and Recreation Committee - Councilman Cramer met there is nothing to report from the Parks and Recreation Committee but stated the employees of the Community Center had been working very hard during this three-day weekend and the center had been heavily used during this time. Mr. Cramer said he would like to accept Mr. Hawkins challenge for the clean up project scheduled for April 4, 1992. The loser must buy pizza for everyone there. ... Police Committee - Councilman Lnenicka stated the Police Committee and Communications Committee have met since the last Council meeting and asked Lt. Carlson if he had anything to report for the Police Department. Lt. Carlson stated he did not. Mr. Lnenicka then asked Mr. Ciaccio, Director of Communications, if there were any problems over the weekend due to the bad weather. Mr. Ciaccio responded they had no problems but had received seventy-three 911 calls and 130 dispatches which is just about normal for a slow winter weekend and is happy to report there is nothing to report. Wade Lnenicka expressed his appreciation to the Public Works employees and also to the employees of the Police and Communications Department who were working during the inclement weather. Mr. Lnenicka stated one of the issues facing the Police Committee has to do with the Civil Service Board. I don't have anything to propose at this time but would like to say the Committee wants to do what is fair and right for everybody. He feels we will be making some Ordinance and Charter changes but the intent is to protect the officers under Civil Service from undue political influence and to do right by them and at the same time have the Civil Service Board work with us to be effective and to do the things the Board is designed to do. Hopefully I will have more to report at the next meeting. .., Finance and Administration Committee - Councilman Wood stated the Finance and Administration Committee will be meeting this week. He stated that even though we have five more months to go in this fiscal year but we are already working on the 1993 fiscal year budget. Mr. Wood stated we have a very dedicated group of employees and Department Heads working for the City and we try to recognize that but we sometime find that they receive recognition from outside the City. Councilman Wood stated he would like to read part of a letter recently received by the City of Smyrna. "The City of Smyrna has received the Distinguished Budget Presentation Award from the Government Finance Officers Association. This award is the highest form of recognition in governmental budgeting and represents a significant achievement." At this time I would like to recognize Emory McHugh, our Finance Director, and all the staff that works with him in the Finance area of budgets and all the related areas. This takes a lot of work and you have to meet a lot of standards and criteria to do this and not every municipality gets this recognition. At some future date we will be receiving a plaque and at that time we will see that proper recognition is given for that. Councilman Wood said the City was proud to receive this recognition on behalf of the City and wanted to give credit where it was due. fIIIIIII Mayor Bacon encouraged everyone to use the Community Center. January 20, 1992, meeting - continued Mayor Bacon stated we will begin interviewing City Administrator candidates next week. ... City Engineer Ken Hildebrandt stated the Environmental Protection Division has required all municipalities to begin a sampling program to test for lead and copper contaminants in their drinking water supply. We will be testing ten homes in Smyrna and the criteria is that the homes were built after 1982 with either lead water pipes or copper pipes with copper solder. We will be asking for volunteers to participate in the program. The program will require the resident to draw a sample of water, in a bottle that the City provides, from their kitchen tap once every six months and asked anyone interested in being a volunteer to give him a call at City Hall. With no further business, the meeting adjourned at 8:25 p.m. ~ t~j~ ;{)~lj~ MELf DAMERON, CITY CLERK A. MAX BACON, MAYOR hi:v~,,;fJ;t:;l-<--c-f( JqfjN PATRICK, WARD 1 ~JJL ( . ;LJJ RON NEWCOMB, WARD 2 ~4~ - 'BILL SCOGGINS,~ #;~~ P~//l. ~ paAMES M. HAWKINS, WARD 4 i:J4J .. (?~~~~ CHARLES PETE WOOD, WARD 7 ..