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03-05-2007 March 5, 2007 Council Meeting March 5, 2007 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 except Council Member McNabb. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Ken Suddreth, Planner Rusty Martin and representatives of the press. Invocation was given by Pastor Calvin Tibbs from International Gospel Outreach Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item #6 A (Public Hearing – Approval of Highlands Apartments redevelopment project within the Atlanta Road Corridor) will be tabled until the March 19, 2007 meeting. LAND ISSUES/ZONING/ANNEXATION: (A) Public Hearing – Variance Request V07-005 – reduction of rear setback – 1919 Wynridge Drive – Dean Byers Mr. Wright stated the applicant has requested a reduction in rear setback from 5’ to 1’ for an accessory structure. Mr. Wright stated this request was sent to the council from the License and Variance Board because of citizen opposition. Mr. Wright stated staff recommends denial of the variance request. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least two persons by Mr. Cochran. MAYOR’S REPORT: Mayor Bacon recognized Mrs. Lillie Wood and Ms. Barbara Kincaid, and Mrs. Wood provided details to those present concerning progress on the Taylor-Brawner House renovation. Mrs. Wood expressed thanks to Pritchard Brothers Builders, Randall Brothers Building Supply, Team Richardson Realty and Northwest Pest Control for their assistance with this project. Mrs. Wood thanked Community Bank of the South, Emory Adventist Hospital, The Flashy Frog, Halpern Enterprises, Love Street Gifts, Atkins Park Tavern, The Cash Foundation and others for their support of this project. Mrs. Wood stated she would encourage anyone with an interest in this project to contribute to it in any manner they can. Ms. Kincaid provided details to those present regarding a gifting program for the benefit of the Taylor-Brawner Foundation. LAND ISSUES/ZONING/ANNEXATION (CONTINUED): (A) Public Hearing – Variance Request V07- 005 – reduction of rear setback – 1919 Wynridge Drive – Dean Byers (continued) Council Member Lnenicka recognized Mr. Suddreth, and Mr. Suddreth showed graphic representations of the subject property to the present officials. Mr. Suddreth stated a fence at the rear of the subject property encroaches on the adjoining property. Mr. Suddreth stated staff recommends denial of the request because the applicant’s proposal would put a structure too close March 5, 2007 2 to the adjoining property, set an undesirable precedent and possibly result in property damage to both affected owners. Council Member Lnenicka recognized Mr. Byers, and Mr. Byers provided details to those present concerning the subject property and the accessory structure he plans to build. Council Member Lnenicka asked Mr. Byers why he thought construction of an accessory structure in the proposed location would not adversely impact adjoining properties, and Mr. Byers stated there is a substantial vegetative buffer in the affected area. Council Member Lnenicka asked Mr. Byers if it is correct that he and Mr. Misra are in agreement as to where the property line separating their respective properties is located, and Mr. Byers answered in the affirmative. Mayor Bacon recognized Mr. Priya Misra, residing at 1894 Creat Trail, and Mr. Misra stated the zoning regulations clearly indicate there must be a 5’ setback at the rear of the subject property. Mr. Misra stated he will be willing to remove an accessory structure on his property which may not be in compliance with setback requirements. Mr. Misra stated he objects to the proximity of the proposed structure to the property line and the appearance of the structure. Mr. Misra stated he believes the dimensions of the accessory structure on the subject property will exceed 25% of those of the principal residential structure. Council Member Lnenicka asked Mr. Misra why he believes the proposed structure on the subject property would be detrimental to his own property, and Mr. Misra stated the structure would not be in compliance with zoning regulations and that he considers the structure to be unsightly. Mr. Misra stated the structure is visible from his house. Council Member Lnenicka asked Mr. Misra if any compromise in this matter is possible. Mr. Misra stated he realizes Mr. Byers has expended time and resources on the subject structure, but he simply does not like the structure and would even consider providing Mr. Byers with some recompense for removing it. Council Member Pritchett suggested Mr. Misra could consult with Mr. Byers to find some way of making the proposed structure more visually acceptable. Council Member Pritchett stated a similar situation has existed on Mr. Misra’s property for a number of years. Mr. Misra expressed the view that the structure on his property is of a temporary nature, while the structure Mr. Byers would like to have is permanent. Mr. Misra expressed the view that he has been unable to reach any sort of compromise agreement with Mr. Byers. Mr. Misra stated an extension of Mr. Byers’ accessory building toward Ridge Road may have been a better alternative. Mr. Misra stated a lean-to type structure close to the property line is not a good choice. Mr. Byers stated his principal residence comprises some 3,200 s.f. of heated space, and all his accessory storage space amounts to about 880 s.f. which comforms to R-15 guidelines. Mr. Byers stated building a structure towards Ridge Road would entail a costly utility relocation by Georgia Power Company. Council Member Lnenicka asked Mr. Byers if building a structure towards Ridge Road would have a visual impact on the other residents of Wynridge Drive, and Mr. Byers answered in the affirmative and elaborated on the potential impact. Mr. Byers expressed the view that the position of the accessory structure as planned will have the least impact on the affected area. Mr. Byers stated the accessory structure will enable him to eliminate outside storage of numerous items on his property. Council Member Lnenicka asked Mr. Byers if the compensation proposed by Mr. Misra is an adequate inducement to remove the structure in question. Mr. Byers stated he will be glad to remove the structure if he is given the $1,600 he has already invested in it. Council Member Lnenicka stated there are mitigating circumstances in this case which warrant the forbearance of the council. Council Member Lnenicka stated he is not persuaded that the structure in question is necessarily harmful to adjacent properties. Council Member Lnenicka March 5, 2007 3 stated he believes Mr. Byers will make efforts to build a structure which is not unsightly and asked Mr. Byers to take steps to enhance the vegetative screening in the affected area. MOTION: Council Member Lnenicka made a motion to approve Variance Request V07- 005 for a reduction of rear setback from 5’ to 1’at 1919 Wynridge Drive for Dean Byers. The motion was seconded by Council Member Wood. Council Member Smith asked that City building department to inspect what has already been built in the affected area before further work is done. Motion was approved 6 – 0. PRIVILEGE LICENSE: (A) Public Hearing – privilege license request – retail pouring for beer – Cafeteria La Oaxaquena & China Pan – 3326 South Cobb Drive – Mauro Soriano, agent applicant Mr. Wright stated inquiry by the City police department has 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 Wood recognized Mr. Soriano, and Mr. Soriano provided details to those present concerning his experience as a restaurant operator. Council Member Wood asked Mr. Soriano if he has received a copy of the City’s alcoholic beverage sales regulations and if he has read and understands them, and Mr. Soriano said no. Council Member Wood stated it is important to understand the City’s alcoholic beverage sales regulations and advised Mr. Soriano that, from time to time, local authorities will conduct undercover inquiries at establishments licensed for alcoholic beverage sales to gauge compliance with alcoholic beverage sales regulations. Council Member Lnenicka asked Mr. Soriano if he has received a copy of the City’s alcoholic beverage sales regulations, and Mr. Soriano answered in the affirmative. Council Member Wood stated Mr. Soriano has completed the responsible alcoholic beverage sales and service class required by the City ordinances. MOTION: Council Member Wood made a motion to approve the privilege license request for retail pouring for beer for Cafeteria La Oaxaquena & China Pan at 3326 South Cobb Drive for Mauro Soriano as agent. The motion was seconded Council Member Smith. Motion was approved 6 - 0. FORMAL BUSINESS: (A) Public Hearing – Approval of Highlands Apartments redevelopment project within the Atlanta Road Corridor tax allocation district {TAD} application MOTION: Council Member Wood made a motion to table Approval of Highlands Apartments redevelopment project within the Atlanta Road Corridor tax allocation district until the March 19, 2007 meeting. The motion was seconded Council Member Smith. Motion to table the measure was approved 6 - 0. (B) Approval of the 2007 Community Development Block Grant Award Mr. Wright stated this grant will provide the City with $198,476 to help fund the Church Street Senior Facility. Mr. Wright stated staff recommends approval of the grant and authorization for execution of the sub-recipient agreement with Cobb County. March 5, 2007 4 MOTION: Council Member Wood made a motion to approve the 2007 Community Develop- ment Block Grant Award and authorization for execution of the sub-recipient agreement with Cobb County. The motion was seconded by Council Member Smith. Motion was approved 6 – 0. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of February 19, 2007 minutes (B) Approval of closure of part of Highlands Parkway on Saturday, March 17, 2007 from 8:00 a.m. until 4:00 p.m. for a Cub Scout activity (C) Approval of contract for Cobb County Board of Elections to conduct City of Smyrna election on November 6, 2007 (D)Bid Award - Oak Drive Improvements The project, a part of the SPLOST Program, consists of upgrading with curb and gutter, paving and drainage on the existing street. Bids were taken and two bidders submitted proposals. Staff recommends award to low bidder Butch Thompson Enterprises. (E) Bid Award - Concord Road from South Cobb Drive to Atlanta Road Right-of-way Plans Staff recommends award to ARCADIS to furnish Engineering services to the City and approval of authorization for the execution of all related contract documents. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Scoggins. Motion was approved 6 – 0. COMMITTEE REPORTS: Council Member Pritchett yielded the floor with no report. Council Member Newcomb recognized Mr. Suddreth, and Mr. Suddreth provided details to those present concerning efforts to hire a qualified supervisory City marshal. Council Member Scoggins thanked those who attended the recent dedication ceremony for Durham Park. Council Member Smith reminded everyone that daylight savings time will commence this weekend, and suggested that everyone change the batteries in their smoke detectors. Council Member Lnenicka reminded everyone that Oak Ridge Estates will conduct their annual HOA meeting this week. Council Member Wood yielded the floor with no report. March 5, 2007 5 CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, and Mr. Backry provided details to those present concerning State statutes pertaining to ethics in government. Mr. Backry stated he spoke with a lawyer in the District Attorney’s office concerning this matter to solicit his opinion regarding compliance with these statutes. Mayor Bacon recognized Ms. Sam Sammons, and Ms. Sammons provided details to those present concerning funds of the Smyrna Housing Authority (SHA) on deposit at Security Exchange Bank (SEB). Ms. Sammons stated she was advised by Mr. Joe Bland that the SHA is an entity separate and apart from the City of Smyrna. Ms. Sammons provided details to those present regarding her disagreement with Mr. Bland on this point. Ms. Sammons stated any distribution of monies from SHA must be approved by the Smyrna council. Ms. Sammons stated she has a copy of a recent letter from SEB to Mr. Bland, in his capacity as a representative of SHA, showing a statement of account. Ms. Sammons provided a recapitulation to those present of SHA funds on deposit at SEB and Community Bank of the South (CBS). Ms. Sammons stated these funds are for the benefit of needy persons, and expressed concern that there seems to have been no needy persons requiring this type of assistance in the past five years. Ms. Sammons stated she was advised by Mr. Bland that the availability of SHA assistance to qualified persons was publicized in City water bills four times over the last several years. Ms. Sammons expressed concerns that an entity purported to be separate and apart from the City of Smyrna is being publicized in City water bills. Ms. Sammons expressed the view that other efforts should have been made to inform citizens of the availability of assistance from SHA. Ms. Sammons expressed concern that these funds have been on deposit for a long time without being used for the benefit of needy citizens. Mayor Bacon recognized Mr. William Stafano, and Mr. Stafano stated he contacted the State Attorney General’s office concerning an article which appeared in the Atlanta Journal and Constitution and was advised that some distinctions between full-time and part-time elected officials exist in connection with the Code of Ethics. Mr. Stafano expressed the view that Mayor Bacon’s part-time employment is not detrimental to the City. Mr. Stafano commented favorably about the City’s leadership. Mayor Bacon recognized Mr. John Minahan, residing on Shawnee Trail, and Mr. Minahan stated he has been informed recently that Alex Backry’s permit as an animal rehabilitator from the Department of Natural Resources (DNR) has been revoked. Mr. Minahan provided details to those present concerning disturbances and intrusions onto his property and into his house from the large number of raccoons and squirrels which Mr. Backry harbors in his nearby residence. Mr. Minhan stated he contacted DNR and requested that Mr. Backry’s permit be revoked because he is keeping numerous wild animals on his premises and allowing them to roam. Mr. Minahan stated Mr. Backry was raising foxes at his house, and these animals were subsequently encountered on his property. Mr. Minahan stated he considers the intrusion of foxes onto his property to be an unsafe condition. Mr. Minhan stated the wild animals kept at Mr. Backry’s house have caused significant and costly damage to his property on numerous occasions. Mr. Minahan stated his pet cat was attacked on his property last month by a raccoon and subsequently died after emergency treatment from a veterinarian. Mr. Minahan provided details to those present from a DNR report pertaining to the revocation of Mr. Backry’s license from that agency. Mr. Minahan stated that, according to the DNR report, Mr. Backry’s house was found to be filthy and foul-smelling; urine and feces stains and residue and fresh urine and feces were visible in various parts of Mr. Backry’s house and on furnishings, including bedsheets and pillows; at least six raccoons were observed freely roaming inside Mr. Backry’s house. Mr. Minahan asked March 5, 2007 6 everyone to be mindful of the information which has been recounted at this meeting when Mr. Backry becomes eligible to have his DNR license reinstated. Mayor Bacon recognized Mr. Joe Bland, residing at 1130 Bank Street, and Mr. Bland stated a lot of disinformation has been disseminated about the SHA recently. Mr. Bland provided details to those present concerning the organization and operation of the SHA. Mr. Bland stated State law allows housing authorities to select banks for their purposes with no competitive bidding required. Mr. Bland stated the SHA receives no funds from the City or other govern- mental entities. Mr. Bland stated SHA funding is derived from fees paid by developers who have utilized tax-exempt bond programs to finance multi-family housing projects which have a portion of units set aside for rental to low and moderate income families. Mr. Bland stated this funding has enabled the SHA to contribute to Habitat for Humanity (HH) for use on infrastructure development of properties on which HH has built houses in the city limits of Smyrna. Mr. Bland stated this funding has been used for the Lend a Hand Program and for exterior repairs, repairs and renovations for owner-occupied homes of needy families in the city limits of Smyrna. Mr. Bland stated he estimates that more than twenty houses in Smyrna have been repaired with assistance from SHA. Mr. Bland stated that availability of SHA assistance to qualified persons has been publicized by appearances of SHA members at council meetings and articles which have appeared in various publications. Mr. Bland stated SHA has never had any operating accounts at SEB. Mr. Bland stated a certificate of deposit at SEB was maintained by SHA in connection with the now-defunct Lend a Hand program, and this certificate remains active at a current market deposit rate. Mr. Bland stated the operating (checking) account for SHA is maintained at CBS in Smyrna. Mr. Bland stated that, to his knowledge, the City’s elected officials have never asked him or other SHA affiliates to consider conducting business in any form with any individual or business concern. Mr. Bland stated annual SHA audits are conducted by private certified public accountants and are available for inspection at City Hall. Mr. Bland stated SHA minutes are public information and are available for inspection at City Hall. MAYOR’S REPORT (CONTINUED): Mayor Bacon recognized Mr. Lee Hardeman, residing at 3252 Millwood Trail, and Mr. Hardeman showed a photograph of his son, who is serving in the U.S. Armed Forces in Iraq, to those present. Mr. Hardeman thanked the present officials for recognizing his son at a previous meeting. Mr. Hardeman stated the favorable comments of the City’s officials were important to both his son and other members of his unit in Iraq and ultimately to the security of our nation. Mr. Hardeman stated he is proud to be a citizen of Smyrna and appreciative of the governing body’s actions. Mayor Bacon stated he is proud of his association with Northwest Exterminators (NWE), which he believes is a great local company. Mayor Bacon stated his duties at NWE consist primarily of attending various functions on the company’s behalf. Mayor Bacon stated he works at NWE on a part-time, non-commission basis, and that NWE has been doing business with the City since 1987. Mayor Bacon stated he is concerned by the fact that certain members of the news media don’t seem to be concerned with reporting the whole truth. Mayor Bacon stated the City has a full-time purchasing agent to take care of bids and related City business. Mayor Bacon stated he will correct anyone who comes before this assembly who makes misrepresentations and presents half-truths. Mayor Bacon read to the assembly a section from the judge’s decision regarding the revocation of Alex Backry’s permit as an animal rehabilitator from the Department of Natural Resources (DNR) which indicates Mr. Backry was using his premises as an animal rehabilitation facility. Mayor Bacon stated that, according to this report, raccoons carry various diseases including rabies and parasitic roundworms. Mayor Bacon stated that, according to this report, o u u March 5, 2007 7 humans exposed to raccoons can become infested with roundworm larvae, and these larvae can in turn cause severe neurological problems and death to humans. Mayor Bacon stated studies from the Center for Disease Control (CDC) has disclosed that there are raccoons infested with raccoon roundworms in the metropolitan area where Mr. Backry's house is located. Mayor Bacon stated he is concerned that Mr. Backry, who may be exposed to this type of contamination, uses the City's Senior Aquatic Center. Mayor Bacon asked Mr. Backry ifhe is willing to allow the County Health Department and CDC to inspect his house as early as tomorrow, and Mr. Backry answered in the affirmative. ADJOURNMENT: With no further business, the meeting was adjourned at 9:02 p.m. --.......... ~0~ S SAN D. HIOTT, CITY CLERK C)2.., j~ RON NEWCOMB, WARD 2 A~~ BILL SCOGGINS, 3 JIMMY D. SMITH, WARD 5 WADE S. LNENICKA, WARD 6 ~~ ~ C'-<-k.,iL CHARLES PETE WOOD, WARD 7