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02032003 February 3, 2003 February 3, 2003 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, and representatives of the press. Invocation was given by Reverend Pat Shannon from First United Methodist Church of Smyrna, followed by the pledge to the flag. Mayor Bacon recognized the Scoutmaster and Cub Scouts of Pack 1, Covered Bridge District, who were in attendance in connection with a citizenship project. AGENDA CHANGES: Mayor Bacon stated that agenda item 5A, Approval of Application for Annexation - 47.523 Acre Tract - Land Lots 274, 303, and 304 - Hickory Lake, LP, will be tabled until the February 17, 2003 Council meeting. CITIZENS INPUT: Mayor Bacon recognized Senator Ginger Collins, who provided a legislative update to those present. MAYOR'S REPORT: Mayor Bacon recognized Mr. Curt Johnston, who expressed appreciation to the Mayor and Council Members for their interest in the local schools and students. Mayor Bacon recognized Mrs. Robin Glover and students from Brown Elementary School, who presented this month's character education words. Mrs. Glover introduced her son, Rex, an elementary school student, who sang God Bless America for those present. PUBLIC HEARINGS: (A) Approval of Application for Annexation - 47.523 Acre Tract - Land Lots 274, 303, and 304 - Hickory Lake, LP Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Cramer made a motion to table approval of application for annexation for a 47.523 acre tract for Land Lots 274,303, and 304 for Hickory Lake, LP until the February 17, 2003 Council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. (Clerk's Note: Council Member Newcomb was not present at the time of the vote) (B) Privilege License Request - Massage Practitioners - Chattel Bajan Day Spa - 3205 A South Cobb Drive - Antoinette D. Gibbs, Agent - New Application Mayor Bacon stated this is a public hearing and asked for public comment. There was none. February 3, 2003 2 Mr. Wright stated that staff has reviewed the application, and that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Council Member Cramer recognized Ms. Antoinette Gibbs, and asked Ms. Gibbs who long she has worked in the field of therapeutic massage, and Ms. Gibbs answered fourteen years. Council Member Lnenicka asked Ms. Gibbs for a recapitulation of her credentials as a massage therapist, and Ms. Gibbs stated she studied at the Atlanta School of Massage, and received certification in 1988. Ms. Gibbs stated she is certified in neuromuscular therapy, and is licensed by the Florida Board of Regulations. Ms. Gibbs stated she is nationally certified to practice massage therapy in all fifty states. MOTION: Council Member Cramer made a motion to approve a privilege license request for massage practitioners for Chattel Bajan Day Spa at 3205 A South Cobb Drive for Antoinette D. Gibbs, Agent, and the motion was seconded by Council Member Pritchett. Mayor Bacon asked Ms. Gibbs if there will be other day spa operations at the subject location, and Ms. Gibbs stated she has an exclusive agreement with Western Plaza Market (WPM) for her day spa lease. Council Member Lnenicka asked Ms. Gibbs if she has checked her lease with WPM to determine if the lease will obligate Ms. Gibbs beyond the term of the special land use permit, and Ms. Gibbs stated her lease with WPM will terminate when WPM's lease terminates. Motion was approved 4 - 3, with Council Members Hawkins, Scoggins and Wood in opposition. (C) Variance Request - Accessory Building Exceeding Size Restriction - 2905 Anderson Circle - Tommy Price Mr. Wright stated the Smyrna Zoning Code prohibits storage sheds which exceed 25% of the floor area of the principal residence. Mr. Wright stated that, in this instance, a shed no larger than 212 square feet (s.f.) in size would be allowed under the regulations, and that the applicant is requesting a permit for a 900 s.f. shed. Mr. Wright stated that staff approves the proposed variance provided that the building is screened from adjacent properties with either a fence or landscaping, and the style of the storage building matches the existing residence. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Tommy Price, and enumerated the stipulations upon which approval of the variance is to be conditioned as follows: 1. No bathrooms will be allowed in the accessory structure. 2. The accessory structure will not be used as a garage apartment. 3. The accessory structure will be used strictly for the storage of tools. 4. No automobiles or other vehicles will be parked in the yard. 5. The building will be screened from adjacent properties with either a fence or landscaping. MOTION: Council Member Scoggins made a motion to approve a variance request for an accessory building exceeding size restriction at 2905 Anderson Circle for Tommy Price subject to the stipulations specified by Council Member Scoggins. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. February 3, 2003 3 (D) Privilege License Request - Retail Pouring (Beer, Wine & Liquor) - La Fiesta of Cobb #4 DBA Lupita's Mexican Restaurant - 2161 South Cobb Drive - Cecilio Chavez, Jr.- Agent Change Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Cramer recognized Mr. Cecilio Chavez, and asked Mr. Chavez if he has been furnished with a copy of the alcoholic beverage sales ordinance, and Mr. Chavez answered in the affirmative. Council Member Cramer admonished Mr. Chavez to make certain that all persons purchasing alcoholic beverages at Lupita's Mexican Restaurant (LMR) are required to present appropriate identification. Council Member Cramer reminded Mr. Chavez that the local police conduct undercover inquiries to ensure compliance with the laws governing alcoholic beverage sales. Council Member Cramer asked Mr. Chavez ifhe will usually be on the premises at LMR during business hours, and Mr. Chavez answered in the affirmative. MOTION: Council Member Cramer made a motion to approve a privilege license request for retail pouring (beer, wine and liquor) for La Fiesta of Cobb #4 DBA Lupita's Mexican Restaurant at 2161 South Cobb Drive for Cecilio Chavez, Jr., Agent. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (E) Privilege License Request - Retail Package Sales (Beer, Wine & Liquor) - Beverage Purveyors, DBA Doc's Wine and Spirits - 2350 Spring Road - Kenneth E. Peet - Agent Change Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Newcomb recognized Mr. Kenneth E. Peet, and asked Mr. Peet to tell those present about his awareness of the alcoholic beverage sales ordinance and his understanding of the agent's responsibilities under these guidelines. Mr. Peet stated his responsibilities will be mainly administrative as his son, Kenneth W. Peet, is very professional and has been operating Doc's Wine and Spirits (DWS) for a long time. Mr. Peet stated that DWS personnel are diligent about watching for underage persons attempting to unlawfully purchase alcoholic beverages. Mr. Peet stated that DWS has a training program for employees to familiarize them with the requirements for selling alcoholic beverages. Council Member Newcomb asked Mr. Peet ifhe is aware that the local police conduct undercover inquiries to ensure compliance with the laws governing alcoholic beverage sales, and Mr. Peet answered in the affirmative. MOTION: Council Member Newcomb made a motion to approve a privilege license request for retail package sales (beer, wine and liquor) for Beverage Purveyors, DBA Doc's Wine and Spirits at 2350 Spring Road for Kenneth E. Peet, Agent. The motion was seconded by Council Member Pritchett. Mr. Peet stated the correct address for DWS is 2350 Spring Road. Motion was approved 7 - O. February 3, 2003 4 FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of January 21, 2003 Minutes (B) Approval for Request of Bids for Installation of a Sewer main off of Ridge Road Approximately 1100 l.f. of sewer main is necessary to serve several homes on Ridge Road which currently do not have access to public sewer. Public Works staff has reviewed this need for public sewer and the scope of work necessary for installation, and recommends that bids be solicited for this project. (C) Request to Use R & E Funding with Contract Unit Pricing Public Works requests to upgrade a 2” water main, install one fire hydrant and re- establish 8 services on Lamar Circle. Because of problems with the older 2” galvanized water main, replacement is necessary. The project will include a fire hydrant for added fire protection and flushing. Public Works staff recommends replacement and upgrade of this water main. (D) Approval of Authorization for the Mayor to Sign the Annual Appropriation Renewal of GMA Lease Pool Bond Series The Georgia Local Government Lease Pool Program provides long-term low interest rates, which lowers the cost of financing capital equipment needs. The City has renewed this program yearly since participation began in 1990, and it has been a cost effective way to finance long-term capital equipment needs. Staff recommends renewal of this program. (E) Approval of Installation of No Parking Signs in the New Market Village The short access drives that connect the rear parking lots to the main street in the Market Village are designed for two-way traffic. Parking which is occurring in the subject area is obstructing traffic, resulting in damage to landscaping and appurtenances by delivery trucks forced to jump the curb. Staff recommends installation of decorative No Parking signs for the access drives of the Market Village. (F) Approval of Policy and Procedure Statement for Sewer Backups The existing policy has been modified to establish guidelines for handling mainline blockages or failures, building sewer line failures, and service lateral failures. The proposed policy has been reviewed by the City Attorney, and adoption is recommended by public works staff. February 3, 2003 5 (G) Waste Management Fee Reduction for Municipal Waste Disposal Waste Management has proposed a new contract to reduce the waste disposal fee for municipal solid waste from $27.25/ton to $26.25/ton. The term of the contract would be for 24 months beginning January 6, 2003. Staff recommends acceptance of the fee reduction and execution of the new agreement with Waste Management for waste disposal at $26.25/ton and execution of new agreements on use of the Bolton Road Landfill so that all disposal contracts expire simultaneously. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Cramer. Motion was approved 7 – 0. COMMITTEE REPORTS: Council Member Pritchett stated that Jonquil Playground has been well-attended by children recently, and that this facility has been improved with new playground equipment. Council Member Pritchett reminded those present to remember the nation’s military personnel, and the NASA astronauts who recently lost their lives in the line of duty. Council Member Newcomb yielded the floor with no report. Council Member Scoggins yielded the floor with no report. Council Member Hawkins yielded the floor with no report. Council Member Cramer stated a ward meeting concerning Hickory Lakes Apartments will be held soon. Council Member Cramer stated that commemorative pavers are still available for the Veterans Memorial. Council Member Lnenicka reminded those present of the Heritage at Vinings subdivision meeting this week in the Council Chambers. Council Member Lnenicka stated that four City employees have been called up for active military duty in connection with the current mobilization, and asked those present to keep them, and the shuttle astronauts, in their thoughts and prayers. Council Member Wood stated he was glad to see the members of the Boy Scouts at the meeting, and invited them to come again. CITIZENS INPUT: There were no additional citizen comments. ADJOURNMENT: With no further business, the meeting was adjourned at 8:21 p.m. February 3, 2003 6 ________________________________ ________________________________ A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK MELLENY PRITCHETT, WARD 1 RON NEWCOMB, WARD 2 BILL SCOGGINS, WARD 3 JAMES M. HAWKINS, WARD 4 JACK CRAMER, WARD 5 WADE S. LNENICKA, WARD 6 __________________________________ CHARLES PETE WOOD, WARD 7