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April 2/16, 1990 Council Meeting April 2, 1990 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter on April 2, 1990 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 except for Kathy Jordan who was out because of an ankle injury. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Parks and Recreation Director Sherry Reavis, Library Director Laurel Best, Finance Director Emory McHugh, Communications Director Steve Ciaccio~ Community Relations Director Kathy Jordan, Police Chief Stan Hook, Public ~orks Director Vic Broyles, Fire Chief Larry Williams, Personnel Director J~ne Mears and representatives of the press. Invocation was given by Harris Fenn~ll, pastor of Smyrna Assembly of God ... followed by the pledge to the flag. CITIZENS INPUT: John Patterson read a resolution for Community Development Week, April 7-14, 1990. PUBLIC HEARINGS: Nothing to report. FORMAL BUSINESS: (A) Approval of sewer rate increase John Patterson stated that Cobb County had recently passed on a sewer rate increase to be effective April 1st and it is necessary that we pass it on to our customers. The county went up $.48 in their rate which is a 40% increase. Jack Shinall said Cobb County did increase rates by 40% and we have no alternative but to pass it on. Mr. Shinall made a motion our sewer rates be increased 40% in conjunction with the increased cost from the county, from $1.65 to $2.31 per thousand gallons. Jim Hawkins seconded the motion. Mr. Shinall said our new rate will still be $.40 below what Cobb County citizens are paying for sewer treatment and while most of the other cities have not addressed the new rates, we feel Smyrna's rates will still be the lowest in the county, as is our water rates. Cobb County did provide the documentation as required by our contract to justify the increase. After further ... discussion, vote on the motion to approve the increase to $2.31 carried 6-0. (B) Validation of signatures to annex 14 acres in LL196 and 195 Attorney Camp read the application for a~nexation as follows: We the undersigned, who constitute sixty percent 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 195 and 196 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: ... BEGINNING at a point located at the corner common to Land Lots 196, 197, 236 and 237 of the aforesaid district and section, running thence north 86 degrees 50 minutes 37 seconds west along the north line of Land Lot 196 of the aforesaid district and section a distance of 185.63 feet to a point at the centerline of Nickajack Creek; r~nning thence southeasterly and southerly along the center line of said Nickajack Creek and following the meanderings thereof a distance of 1,443 feet, more or less, to a point formed by the intersection of the centerline of said creek and the northerly right of way line of Hurt Road (50 foot right of way); running thence south 87 degrees 30 minutes 53 seconds east along the northerly right of way line of Hurt Road 307.73 feet to a point; running thence southeasterly along the northeasterly right of way line of Hurt Road an arc distance of 125.54 feet to a point (the chord subtending said a..L'C being south 82 degrees 29 minutes 08 seconds east 125.48 feet); running thence southeasterly along the northeasterly right of way line of Hurt Road and following the curvature thereof an arc distance 73.41 feet (the chord subtending said arc being south 66 degrees 24 minutes 18 seconds east 73.28 feet); running thence southeasterly along the northeasterly right of way line of Hurt Road and following the curvature thereof an arc distance of 117.86 feet (the chord subtending said arc being April 2, 1990 meeting - continued south 43 degrees 24 minutes 25 seconds east 117.57 feet) to an iron pin located at the intersection of the northeasterly right of way line of Hurt Road and the east line of Land Lot 195 of the aforesaid district and section; running thence north 03 degrees 04 minutes 50 seconds east along the east lines of Land Lots 195 and 196 of the aforesaid district and section 1,450.68 feet to a point located at the northeast corner of Land Lot 196 of the aforesaid district and section and 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/BILLIE JO COZZOLINO Jack Shinall made a motion the petition be validated and the public hearing set for May 7th. Wade Lnenicka seconded the motion which carried 6-0. ..... (C) Business license - Jordan & Associates Game Room, 2252 Atlanta Road John Patterson said Mr. James Harold Jordan has requested a license for a game room at 2522 Atlanta Road in Belmont Hills Shopping Center. In addition to the electronic games and pool tables, Mr. Jordan would also sell electronic games at retail. This application was tabled at the last meeting. Mr. Jordan said he was requesting at this time that his application be withdrawn. He was originally approached by Mr. Halpern about the possible utilization of this space and felt a game room would be a good use. After further consideration he felt it would be best to withdraw the application but may want to re-apply at some point in the future. Jack Shinall made a motion the license be withdrawn without prejudice. Bill Scoggins seconded the motion which carried 6-0. (D) Award contract for light synchronization timing study. John Patterson stated that construction of the light synchronization is almost complete and it is necessary to perform a timing study in order to supply data to the system in order for it to function. Proposals were received from three companies and the committee has recommended that the ..... contract be awarded to Devcon at $13,005. Their proposal is broader in scope and their presentation indicates a willingness to provide additional information within the scope of services. Bob Davis made a motion the contract be awarded to Devcon for $13,005. Wade Lnenicka seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to re~ort. CONSENT AGENDA: (A) Approval of minutes - March 6 & March 19 (B) Adjustment to FY90 budget - Communications Department (C) Approval to request bids - tire macnine and water pump (D) Approval of turn signals - South Cobb Drive @ Church Road, Atlanta Road @ Campbell Road Wade Lnenicka made a motion the consent agenda be approved. Bob Davis seconded the motion which carried 6-0. COUNCIL INPUT: Wade Lnenicka gave a library report and expressed his appreciation to council for supporting the installation of a turn signal at Atlanta Road and Campbell Road. Mr. Lnenicka reported that he had met with residents of Vinings Glen subdivision recently and he learned that there were drainage problems in that area that we had no prior knowledge of. We are working to correct these problems through the City, County and developers. ..... Jim Hawkins also stated he was pleased that a turn signal was approved for South Cobb and Church Road. Funds have been approved for other improvements on Church Road and Mr. B. C. Castellaw has donated the right of way needed from his property to widen the road and straighten the dangerous curve. April 2, 1990 meeting - continued Jack Shinall also expressed his appreciation for the turn signals and commended the efforts of the group who picked up litter along Concord Road over the weekend. John Steely reported that today Post Properties had donated $1,250 towards clothing and equipment for the Police Department SWAT team. The City now has a crime hot line number which allows citizens to report any information they may have concerning a crime. The information is confidential and the caller does not have to identify himself. .. Mayor Center Bacon returns Bacon reminded everyone that the groundbreaking for the Community and Library would be April 17th at 11:00 a.m. on Sunset Avenue. Mayor also said the City is planning a special day for Brian Oliver when he to Atlanta. Sherry Reavis reported on parks activities and Kathy Barton gave an update on the Jonquil Festival plans. at 8:10 p.m. JAMES M. HAWKINS, WARD 4 CK SHINALL'& JO~.W 7 KATHY BROOKS JORDAN, WARD 6 ~ .. April 16, 1990 The regular scheduled meeting of Mayor and Council was held April 16, 1990 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 except for Jack Shinall who was out of town on business. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Parks and Recreation Director Sherry Reavis, Library Director Laurel Best, Police Chief stan Hook, Finance Director Emory McHugh, Public Works Director Vic Broyles, Fire Chief Larry Williams and representatives of the press. Invocation was given by York Chambless, retired pastor of Trinity Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: attend the first at 7:30 p.m. Claudia Eisenburg and Corinne Schulzke invited everyone to Friends of the Library group meeting scheduled for May 4th ... Sue Brissey complained of litter inside Tolleson Park and wanted to know why it was not kept in better condition. Bill Scoggins said that over the last two months the Parks Department has lost one park ranger, another has had medical problems and the Parks Department has had to relocate from one building to another. Mr. Scoggins asked Mrs. Brissey to be patient, these problems would be taken care of. \'lade Lnenicka read a proclamation "For the Love of Children" and Mayor Bacon presented it to Optimist Club members. Jim Hawkins read a proclamation for "Better Hearing and Speech Month" and Mayor Bacon presented it to Kadyn Williams and Beth Haile from Audiological Consultants of Atlanta, Inc. PUBLIC HEARINGS: April 16, 1990 meeting - continued (A) Package license management change - Majik Market, 2610 Cobb Parkway John Patterson said that Ernest Alton Park, Jr. has applied as the new for the beer and wine package license for Majik Market. The investigation was favorable and there was no opposition. l agent Police Mr. Park stated he was the state District Operations Manager for Majik Market and as the license holder, understood he would be the person responsible for any violations. Mr. Park stated the previous licensee, Mr. Walburn, is no longer with the company. Wade Lnenicka questioned Mr. Park about their employee training and Mr. Park stated that Majik Market has an on-going training program including a 4 hour TAMS program which they follow up with their own sting operations. Their policy is that all customers are carded regardless of the appearance of age. If any employee fails to card a customer, they are terminated. Out of about 80 sting operations, there was only one store that failed to card their buyer. -- After further discussion Bob Davis made a motion the license be approved. Wade Lnenicka seconded the motion which carried 6-0. (B) Package license management change - Majik Market, 1166 Concord Road There was no opposition and Jim Hawkins made a motion the beer and wine package license for this location be approved for Ernest Alton Park. John Steely seconded the motion which carried 6-0. (C) Package license management change - Majik Market, 901 Windy Hill Road There was no opposition and Jim Hawkins made a motion the beer and wine package license for this location be approved for Ernest Alton Park. Kathy Jordan seconded the motion which carr led 6-0. (D) Variance - Wendy's, 4932 South Cobb Drive request for off premise sign The applicant, John variance be tabled carried 6-0. Goss was not present and John Steely made a motion the to the next meeting. Bob Davis seconded the motion which -- (E) Annexation - 3.021 acres at Atlanta Road and Ridge Road John Patterson stated that Paul C. Wilgus, Vice President of Cochran Properties has requested annexation of this property located at the southwest corner of Ridge and Atlanta Road. The application was read at the March 19th meeting and the public hearing notice advertised. There was no opposition and Mr. Lee Goodson represented the applicant. Mr. Goodson presented a rendering of a typical development they were considering for this property including a convenience store, food store or day care center. Mr. Goodson said they were requesting the annexation because they had been very pleased with the cooperation they had received in the past and looked forward to working with the City again on this development. The property is currently zoned PSC (Planned Shopping Center) and will be annexed as General Commercial under the City's zoning classification which is the nearest equivalent classification. After discussion, Wade Lnenicka made a motion the property be annexed to become a part of Ward 2. Jim Hawkins seconded the motion which carried 6-0. (F) Approval to close and abandon Sunset Avenue John Patterson said as a part of the downtown redevelopment, Sunset Avenue will no longer exist and the roadway must be formally closed and abandoned by council. -- There was no opposition and Bill Scoggins made a motion that Sunset Avenue be closed and abandoned from Atlanta Road to Hamby Street. Wade Lnenicka seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Set date to hear appeal of Recorders Court - Mandy C. Bowling April 16, 1990 meeting - continued John Steely made a motion the appeal by Mandy C. Bowling be set for the May 7th council meeting. Jim Hawkins seconded the motion which carried 5-0. (B) Validation of signatures to annex Oakdale Road property in Land Lots 683 and 684 Attorney Camp read the application co annex property on Oakdale Road 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 tract or parcel of land lying and being in Land Lots 683 and 684 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point on the eastern right of way line of Oakdale Road where it intersects with the south right of way of Southern Railroad and running in a southwesterly direction along the eastern right of way of Oakdale Road a distance of 755 feet more or less; thence leaving said right of way line and running southeasterly a distance of 325 feet more or less; thence north a distance of 250 feet more or less to the north line of Land Lot 684; thence running east along the north line of Land Lot 684 a distance of 321 feet more or less to the corner formed by the intersections of Land Lots 683, 684, 685 and 686; thence north along the east land lot line of Land Lot 683 a distance of 695 feet more or less to the south right of way of Southern Railroad; running thence in a westerly direction along the right of way of Southern Railroad a distance of 290 feet more or ~ess to the point of beginning. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. .. Witness described FARRIS the hands above: and seals of 60% of the record title holders of the land s/DORIS CASH PRUITT, EMMA L. DAVIS, SAM LAWRENCE, FRANK John Steely made a motion the petition be validated and the public hearing date set for May 7, 1990. Jim Hawkins seconded the motion which carried 6-0. (B) Validation of signatures to annex Mighty Casey's, Spring Road at Hargrove Road Attorney Camp read the application 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 Lot 847 of the 2nd Section, 17th District, Cobb County, Georgia and being more particularly described as follows: .. BEGINNING at a point marked by a drill hole set in the top of a concrete catch basin at the intersection of the northwesterly right of way of Spring Road, a 100 foot right of way, with the northeasterly right of way of Hargrove Road, a variable right of way being 40 feet from the centerline of the existing road at this point, said point of beginning being a point on a curve to the left having a radius of 1638.31 feet, a chord bearing of north 37 degrees 05 minutes 13 seconds west and a chord distance of 97.14 feet; thence along said curve and right of way of Hargrove Road an arc distance of 97.15 feet to a point; thence continuing along said right of way north 38 degrees 47 minutes 08 seconds west a distance of 102.85 feet to a point; thence departing said right of way north 53 degrees 56 minutes 32 seconds east a distance of 168.05 feet to an iron pin set; thence south 37 degrees 58 minutes 17 seconds east a distance of 200.04 feet to an iron pin set on the April 16, 1990 meeting - continued aforesaid right of way of Spring Road; thence along said right of way of Spring Road, south 53 degrees 58 minutes 03 seconds west a distance of 168.09 feet to the point of beginning. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands described above: FASHION FOODS, INC./ and seals of 60% of the record title holders of the land s/RANDY KRAUSE, QUICK TRIP CORP. & JERRY SENEKER, OLD Bob Davis made a motion the petition be validated and the public hearing set for May 7, 1990. John Steely seconded the motion which carried 6-0. (D) Bid opening - tire machine -- Bids for a new tire machine were opened, read and recorded as follows: Doug Duggan, Inc. Pro Equipment, Inc. $5,769.00 $5,932.50 Kathy Jordan the low bid carried 6-0. made a motion the bids be turned over to the committee to award meeting specifications. Jim Hawkins seconded the motion which (E) Validation of signatures to annex 2.3 acres at Atlanta Road and Jane Lyle Road Attorney Camp read the application 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 Lot 742 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: ..... BEGINNING at a point on the southerly right of way line of Jane Lyle Road (50 foot right of way), said point being 482.08 feet easterly from the intersection of the northeasterly right of way line of South Atlanta Road (right of way varies); thence following the southerly right of way line of Jane Lyle Road easterly 384.00 feet to a point; thence leaving said right of way line, run southerly 384.00 feet to point; thence running in a westerly direction 117.00 feet to a point; thence running in a northwesterly direction 21.98 feet to a point; thence continuing in a northwesterly direction 261.73 feet to a point; thence continuing in a northwesterly direction 205.03 feet to the south right of way line of Jane Lyle Road and the point of beginning. Said parcel containing approximately 2.3 acres of land as shown on a compiled plat for Post Atlanta, Ltd. by Planners and Engineers Collaborative dated April 11, 1990. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the electors resident in the annexed area: s/THOMAS A. BALES Wade Lnenicka made a motion the petltion be validated and the public hearing set for May 7, 1990 subject to the applicant signing the petition on the correct line as property owner. John Steely seconded the motion which carried 6-0. ...." BID AWARDS: (A) Community Center/Library Mike Sizemore with Sizemore Floyd presented the tabulated bids opened April 12th for the new community center and library. Bids were received from four companies with J. A. Jones the apparent low bidder as shown below: Batson Cook BCB Contractors $9,260,000 $9,109,000 April 16, 1990 meeting - continued J.A. Jones Winter Const. $8,770,000 $9,430,000 Mr. Sizemore said he recommended that council also accept alternates #1, #3 and #6 which would bring the total bid price of J. A. Jones to $8,890,400. J. A. Jones Company is 100 years old and one of the top 10 contractors in the United States. Mr. Sizemore said he recommended the bid be awarded to J. A. Jones for $8,890,400 pending successful contract negotiations. They have already confirmed that they see no difficulty with completing on schedule and there is a $2,000 per day penalty clause in the contract. After further discussion, Jim Hawkins made a motion the construction bid for the new community center/library be awarded to J. A. Jones at their total bid ... price of $8,890,400 subject to successful contract negotiations. Bill Scoggins seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Approval to block Bank Street for Spring Festival, April 28th (B) Approval of FY90 budget amendments (C) Approval of state Grants project list (D) Approval of CDBG project list Bob Davis made a motion the consent agenda be approved. Jim Hawkins seconded the motion which carried 6-0. COUNCIL INPUT: John Steely said we have had 5 or 6 people to accept an appointment on the Annexation Committee task force and we are also taking applications for a full part-time posltion to work on annexations. ... Chief Stan Hook reported that two arrests were made last night following a burglary at Dunkin Donuts and last week the uniform patrol division apprehended three burglars. Also, Officer Sam Slover is still in the hospital following his motorcycle accident with one of the Shriner's at the Jonquil Parade last Saturday. Sherry Reavis reported on the Arts and Crafts Festival scheduled for April 28th on Bank Street. Bill Scoggins commended Kathy Barton :cor the good job she did in organlzlng the Jonquil Parade. Kathy Barton reported on the other activities scheduled for the remainder of the month as part of the Jonquil Spring Festival. Bill Scoggins stated that on April 12th., President Bush named the Hands, Feet and Mouth organization as his 115th daily point of life and congratulated Cheryl Bursh and others in the Rose Garden Community who formed this organization. The Hands, Feet and Mouth organization provides support and counseling for underprivileged children in their community. Wade Lnenicka thanked everybody connected with the parade Saturday and wished Officer Slover the best, as well as the Shriner involved in the accident. Laurel Best gave a library report and Mr. Lnenicka reminded everybody of the organizational meeting for the Friends of the Library on May 4th at 7:30 p.m. here at City Hall and encouraged them to attend. ... Mr. Lnenicka stated that on April 25th the Smyrna Library will host the Night of 1,000 Stars from 7:00 p.m. to 9:00 p.m. in celebration of National Library Week. Intent is to focus national attention on the importance of family literacy by hosting a family read aloud by well known persons. Several special guests will read throughout the evening to an audience of children and parents. Mr. Lnenicka congratulated Detective Ed Clack on recelvlng his Masters degree in Criminal Justice. Mr. Clack graduated as the top academic student from Georgia State University's criminal justice program with a 4.0 grade point average. Bob Davis asked John Patterson to give a report on the recent meeting at Argyle School. Mr. Patterson said the Mayor, Bob Davis, Argyle School staff had met with 3 members of the School Board and it was determined there are 4 April 16, 1990 meeting - continued or 5 particular projects that could be implemented in the safety area and those are underway. Additionally, the school board is considering an overpass walkway in the next bond referendum. Mayor Bacon said the parade Saturday was the best one we have had and thanked Bobby Harper for taking part. The Arthur T. Bacon Golf Tournament will be held May 19 and 20 at Fox Creek Golf Course. Entrance fee is $50 for the two-day tournament. Mayor Bacon congratulated Smyrna High School freshman Shane McGill for winning his third baseball game today against South Cobb. With no further business, meeting adjourned at 8:47 p.m. /~ A. ~C.30N' ~) I ~%V~~ BOB DAVIS, WARD,) 7 ~c/ ~~9'-Z<L_ ILL SCOGGINS, W 3 -' fIIIIIIIIII -'