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08-18-1997 Regular MeetingAugust 18, 1997 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 Councilwoman Charlene Capilouto. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Human Resources Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Robin Broyles, Community Relations Director Maryclaire Andres, Administrative Assistant Susan Hiott and representatives of the press. Invocation was given by Reverend Jim Mitchell, First Methodist Church, followed by the pledge to the flag. Human Resources Director Mary Ann White presented the Smyrna Star Award to Burt Turnell, supervisor in the Department of Parks and Recreation. Parks and Recreation Director Steve Ciaccio and Park Superintendent Doug Cook followed with comments about Burt's outstanding performance on the job and congratulated him on being the recipient of the Smyrna Star Award. CITIZENS INPUT: Councilman Jim Hawkins presented a Proclamation by the Mayor of the City of Smyrna to recipients from the Roseke Clinic proclaiming September 20, 1997 as "KIDS DAY AMERICA'97" in recognition of this special event being hosted by the Roeske Clinic. One citizen came forth and expressed her concern regarding the condition of the cemetery located on Fowler Road off of South Hurt Road. She stated that many of the graves had been demolished and written on. Nancy Hancock came forth and noted that that was the old Concord Baptist Cemetery and that there was a plan in the Heritage Park plan to restore the cemetery. PUBLIC HEARINGS: (A) Rezoning and Land Use Change Request - Spring Road (10.37 Acres) Rezone from General Commercial and R-15, Single Family Residential to RM-12, Multi -family for Townhomes and Change Land Use from Low Density Residential to High Density Residential Mr. Smith stated the applicant, Bob Carlton and Mike Gnmsley of Ashwood Development Company have assembled four parcels totaling 10.37 acres, are requesting to build 100 townhouses that have the density of 9.64 units per acre. The recommended property will be located next to Lexington Trace Town Homes. This recommendation has been before the Planning and Zoning Committee and does come with a positive recommendation with certain stipulations. Mayor Bacon stated this is a public hearing and asked those in opposition to step forward to be sworn in at this time. Two citizens were sworn in for comment later. Mike Grimsley, partner of Ashwood Development Company along with Bob Carlton briefed Mayor and Council and the audience about their company: (1) Ashwood Development Company is a full service real estate company in Atlanta, (2) Ashwood is mainly in the development business, and has developed property from Atlanta on up into Forsythe County, and (3) several communities were developed by Ashwood over the past few years in East Cobb County. Mr. Grimsley and Bob Carlton continued to brief Mayor and Coucil about the proposed property for development: (1) the property consists of 10.37 acres, and is assemblage of several different owners, the largest of the assemblage being about 6 acres with three other parcels (2) the majority of the property is currently zoned commercial, (3) studies conducted for property use consisted of consideration of commercial or condominium development, and (4) it was concluded that a townhouse development would be best for the property. Mr. Grimsley stated that meetings had been held with the neighborhood. They had met with members of Lexington Trace, had met some of their concerns by agreeing to certain conditions. Mr. Grimsley distributed documents and asked that the conditions listed below be included in the record of zoning: 1. The Property shall be zoned for fee simple town homes and shall be at least 90% owner occupied at all times. The town homes shall be "for sale" units only. 2. The Property shall be zoned with a maximum density of 9.6 units per acre. The total units on the Property shall not exceed 100 town homes. 3. A minimum of 33 % brick or masonry fronts shall be constructed on the town homes. The purchaser of each town home shall be allowed the option of an all brick or masonry front. 4. Each town home shall have between 1,200 square feet and 1,700 square feet of heated space. 5. All utilities shall be underground. 6. All trash collection shall be accomplished with individual, 90-gallon, rollout containers ("Herbie Curbies") for each town home. No dumpsters or common trash collectors shall be located on the Property. Aucrust 18, 1997, meeting -continued 7. All drainage and storm water detention facilities shall meet all applicable state, city, and county ordinances and codes and shall be reviewed by the City's engineer. 8. The storm water detention facility shall be screened from view from the exterior and interior of the development by use of fencing and landscaping. 9. There shall be a ten -foot, undisturbed (no tree cut) buffer maintained along the entire western boundary of the Property adjacent to the Lexington Trace Town Homes. 10. Each town home shall have two assigned parking spaces. These assigned parking spaces along with the town home address shall be recorded with the Clerk of the Court in the Public Records of Cobb County, Georgia in the Covenants, Conditions, and Restrictions of the development. Thirty-four (34) additional parking spaces shall be provided as guest parking. Parking shall be allowed only in designated parking spaces (no on -street parking). The parking of recreational vehicles, boats, trailers, or disabled vehicles of any type shall be prohibited on the Property. 11. Streetlights shall be provided within the development and shall be acorn -globe type streetlights. 12. The entry way from Spring Road shall be professionally landscaped and shall include a six-foot beam along the Spring Road frontage. A landscaping sprinkler system shall be included. 13. The entry way on Elmwood Drive shall be professionally landscaped and shall include four (4), acorn -globe type streetlights. 14. All tree replacements on the Property shall be in accordance with the City of Smyrna's tree ordinance. 15. The front, side, and rear of each town home shall be sodded. 16. The development shall have a mandatory homeowner's association. 17. All streets within the development shall be private and shall be maintained by the mandatory homeowner's association. 18. It shall be recorded with the Clerk of Court in the Public Records of Cobb County, Georgia, in the Covenants, Conditions, and Restrictions of the development that all of the following shall be maintained by the mandatory homeowner's association. (a) All entry -way walls, fencing and signage (b) All entry -way landscaping and sprinkler system (c) All landscaping interior to the development including all front, side, and rear yards for each town home (d) All landscaping and fencing used for the purpose of screening the storm water detention facility 19. The planting of jonquils shall be incorporated in all entry -way landscaping as well as landscaping throughout the interior of the development. 20. The property shall be zoned to the site plan submitted. Mr. Grimsley addressed several issues mentioned regarding the town homes across the street: (1) Ashwood's recent research indicates that there is not a mandatory homeowners association, covenants, or restrictions, and Ashwood's proposed development will, and this will take care of the concerns expressed regarding maintenance, landscaping, and appearance of the town homes. (2) Clarification was made that Pulte homes did not build those homes across the street; Ryan Homes built these homes in the early 80's. Mr. Grimsley addressed some pricing issues and stated the following: (1) The pricing for the town homes would start at $110,000 and an average price of approximately $125,000. (2) Discussions have been conducted with Canterbury Homes, division of Pulte Homes. This is the price of the project. (3) Neighbors have looked at similar homes in density and look located at Berkley Crossing in the Duluth area (ahnost Forsyth County location). The price of these Canterbury homes is a lower price than this Ashwood development because the land cost here (Smyrna, Vinings location) is twice as much. (4) The options on these houses are more multiple than the Duluth area homes and therefore cost more (3) the commercial zoning here in Smyrna dictates a higher price. Bob Carlton showed drawings of samples of the landscaping and the types of homes. Mr. Grimsley stated that the sidings are lifetime, durable, low maintenance materials. Councilman Bill Scoggins asked for clarification that the brick fronts is dictated by the customer. Mr. Grimsley replied that in the zoning conditions that a minimum of 33 % brick be used but it will be an option of the customer for some additional cost to have a brick unit. Brick fronts add -on is approximately $1200. Councilman Jim Hawkins asked if 33 % of every unit has to be brick or 33 % of the total units will be totally brick. Mr. Grimsley replied there would be a mix of that, where 33 % of total units, but open to condition either way. Councilman Jim Hawkins asked if he was going to select the first 33 % that will have brick and the other 67 % will be optional to the customer. Mr. Grimsley answered yes. Mayor Bacon continued to ask if when first getting started, will there be starter units for customers to buy. Mr. Grimsley replied that ten town homes would be built and the majority of them would be brick. Brick is a mark-up item. Councilman Bill Scoggins asked if there were any of this type development in Cobb County. Mr. Grimsley replied that this was the first development for Canterbury in Cobb, but Ashwood Development Company had single-family, detached developments. These included: (1) Avonshire Subdivision 2 Aucrust 18. 1997, meeting -continued on Steinhauer Road (2) Aspen Wood Subdivision on Trickum Road (3) Park Mill Subdivision on Sewell Mill Road and (4) Highland Woods Subdivision on Allgood Road and (5) Charltley Woods on East Piedmont Road. He remarked that they did not do neighborhoods without mandatory homeowners association, covenants, and restrictions. The price ranges for these range $120,000 up to $300,000. Mayor Bacon commented that Smyrna has always been the best place to live and now more people are realizing that, and he thought property would sell at a higher price. He asked why something in the $200,000 - $220,000 would not work on this piece of property. Mr. Grimsley replied that this price range would require single-family, detached housing which would result in three houses per acre. The owners of the community have a commercial piece of property that they can sell at that price for commercial use, and this dictates a higher density and to do a higher density, can't do single family, detached housing. The traffic is also a consideration as far as doing residential on the site. Mayor Bacon clarified that there is a breaking point that if the property is at a certain price, the people will go somewhere else to buy a detached home. Councilman Ron Newcomb expressed some drainage and flooding concerns into the Highlands Subdivision area. Mr. Grimsley replied that there was some dated property in that area that was developed before today's detention methods. A lot of the property in that area does not have detention. He continued to say that their facility would pick up the water underground or pick up onsite and take underground to their detention facility and it would be designed to handle their water and other water in that drainage basin coming to their site, detain it, and release at a slower rate than there is now. He commented that their proposed facility would improve and help the situation. The water will be slowed down at the proposed site, which the area does not have at this time. City Engineer Ken Hildebrandt came forth and answered questions regarding the drainage concerns and size of the pipes. He remarked that the City requires by ordinance that they detain for the 100-year storm with no increase run-off. If Council chooses to make more stringent, they would need to have those requirements as a stipulation, and he would have to review the design of the detention. Councilman Wade Lnemcka asked for a description of the entrance signage such as type of materials, size, and style. Mr. Grimsley indicated that these concerns are addressed in the stipulations #12, and #13. Councilman Wade Lnenicka asked that the signs be brick or stone. Mr. Grimsley agreed. City Attorney Chuck Camp questioned why the zoning is RM-12 and not TD. Mr. Grimsley stated that this zoning category was not brought to their attention. Mr. Grimsley agreed that TD would work according to site plan. Two citizens, Sandy Sands and Mollie Herrin of the Lexington Trace Homeowners Association, came forth and expressed the following concerns and comments: (1) Since Smyrna is a pivotal, growing area for development, the proposed property's price range may be too low (2) They want the best neighbor scenario for the community (3) Spring road is the "true calling card" for the City and what is put on Spring Road is very important (4) Since Spring Road is convenient to I75 and 41 (only 2 miles), the area could have a higher price range development (5) Other communities in Atlanta metro area have developments in higher price ranges that is not as convenient as Spring Road Mollie Herrin asked that members of Lexington Trace and the community could sit down with Mike Grimsley and Bob Carlton and representatives of Pulte and find a mutual benefit to all. Mr. Grimsley reported that the situation here included apartments on one side and town houses on one side, a heavy traffic count street, and commercial in front of them. This does not support a high -end single family development, and it is unrealistic to expect houses in the $200,000 plus range to sell in this area. Other questions followed. Councilman Jim Hawkins asked could the homeowners association have a stipulation that a person bad to own the property for one, two or three years and could not rent the property. Mr. Grimsley answered it would be difficult for a homeowners association to enforce, but it could be a condition in the covenants and restrictions that it be owner occupied for at least one year. Councilman Wade Lnenicka asked if the covenants included restrictions about requirements for maintenance and colors to be painted. Mr. Grimsley replied that the covenants were 50-60 pages of documents included these rules and regulations. Councilman Pete Wood asked how these requirements are included in the restrictions and protected without expiring. Mr. Grimsley replied that their restrictions and covenants are perpetual and are recorded when they purchase the property. He suggested that the City of Smyrna might be able to do something else along with their procedure. He continued to say that he is open to ideas about covenants and restrictions recording, and meeting with the Lexington Trace Homeowners Association further. Mollie Herrin came forth and asked if they could table this. She asked for some time to talk with the developers further. Councilman Bill Scoggins replied that the City Attorney informed him that it would be in the best interest of the City to table this until the next meeting. He made a motion that this request be tabled until the Tuesday, September 2, 1997, 7:30 p.m. meeting. Councilman Jack Cramer seconded the motion. Before voting, Councilman Jim Hawkins asked Mr. Grimsley if they would be interested in talking with Mollie Herrin and others. He replied that he would have to discuss with Canterbury and verify their time -line. Mayor Bacon expressed concern about whether or not the zoning (RM-12) is correct. Motion was approved 6-0. Mayor Bacon verified that the request would be the first item on the agenda on Tuesday, September 2, 1997, 7:30 p.m. (B) Rezoning and Land Use Change Request - Camp Highland Road (35.52 Acres) Rezone from General Commercial to RAD Conditional, Single Family and Change Land Use from Redevelopment and Industrial Compatible to Medium Density Residential Mr. Smith stated the owners Tommy Eubanks and Neal Peavy have stated they would like to build 134 single-family homes on the 35.28 acres. They have assembled from a number of parcels and have come before the Planning and Zoning Committee on July 28, 1997 and have sent to us for approval. Mayor Bacon stated this is a public hearing and asked those in opposition or would like to speak to step forward to be sworn in. Several were sworn in. Councilman Pete Wood recognized Mr. Eubanks of Chastain Glen, Inc. Mr. Eubanks instructed himself, described his 3 Auqust 18, 1997, meetincr-continued company, and summarized his request to develop this property. He named other properties that his company had developed in the Smyrna area: Vinings Mill West, Old Vinings Mill, and Vinings Glenn. This subdivision will be similar to Vinings Mill West with houses in the price range of $180,000, according to what the market will bear. Houses will be brick, stucco, and stone. The entrance will be brick or stone, and the subdivision will include tennis courts, swimming pool, and cabana, and parking lot. Square footage ranges 1800-2500 according to the market. Delores Lacy who lives on the property located between the two proposed developments expressed her concern about the upkeep and use of surrounding property, especially the property where residents will be moving out in December and the property will be vacant. Mr. Eubanks replied that that property will be cleaned up and they will try to use in the next phase of development. Councilman Pete Wood summarized that parcels in question may eventually be purchased and included into other phased developments, and will result in zoning at a later date. Joy Wall said that she was in favor of the housing project because it would help improve the value of the area and her own property. She stated that her main concern is that six houses will be behind and down the side of her house, and she requested some sort of buffer or landscaping to secure her property. Councilman Jim Hawkins asked if there was a buffer requirement for residential against residential in the ordinance. City Attorney Chuck Camp stated that there was no buffer or landscaping requirement other than side and yard setbacks. Councilman Wade Lnenicka noted that developers have voluntarily done buffers in the past. Mr. Eubanks stated that her house is located as the plat shows, along her property there would be six around her property, but only one house actually adjoining. The others are probably 200 feet away from her house. Mr. William Mobley, who has lived on Camp Highland for 41 years, expressed his concern about a possible traffic problem on Camp Highland. After continued questioning by Councilman Pete Wood, Mr. Eubanks verified that the proposed entrance was very close to the old bridge and next to the East-West Connector, and should not cause an impact on the traffic. He stated that the traffic from that entrance would be going toward the East-West Connector. He stated that he had talked with the City about working with them to do some widening and curbing in that area. Mayor and Council discussed the distance requirement between houses. Councilman Wade Lnenicka began discussion by inquiring about the distance between the houses and asking if 15 feet between houses could be considered. Mr. Eubanks replied that he was asking for 10 feet approval due to the land values, and also mentioned that he had built homes in Cobb and Fulton County 10 feet apart; for example, one subdivision being Vinings Mill West, surrounded by Smyrna but in Cobb County, has houses 10 feet apart. Councilman Pete Wood asked if 10 feet was typical and permitted in other areas. Mr. Eubanks replied yes. Discussion followed by Councilman Jim Hawkins, Councilman Pete Wood, and Attorney Chuck Camp regarding setback requirements, distance requirements, fire safety concerns, and interpretation of the ordinance. Following their discussion, Councilman Wade Lnenicka asked Fire Chief Williams to come forth and answer some questions about fire protection requirements. Chief Williams reported that if the distance is less than 15 feet between property, additional fire protection requirements are placed on the property; such as, Cobb County uses fire walls if less than 10 feet, Marietta requires buildings to include sprinklers if less that 20 feet, and Smyrna traditionally requires buildings to have sprinklers if less than 15 feet apart. Mayor Bacon asked Fire Chief Williams if there was a rule in the ordinance that requires sprinklers if less than 15 feet. Chief Williams replied there was no rule in the ordinance. Councilman Wade Lnenicka reminded that in the past, their practice has been to require the 15-foot requirement. Mr. Eubanks reported that this request of 10 feet is a minimum, and that not all houses will be 10 feet between houses. He continued to remark that the builder asks for 10 feet approval to avoid variance requests later `on when the houses could not fit to the lot as required. Following the distance requirement discussion, Councilman Pete Wood expressed appreciation for the effort to propose and assemble this high -quality development, and then moved that Mayor and Council approve the rezoning request of Chastain Glen, Inc. to rezone 35.52 acres on Camp Highland and South Argo Road from G.C., General Commercial to RAD Conditional, Single Family. He included in his motion, that the rezoning be approved with the following stipulations: that the homes have a minimum 10 feet between them and a 5 foot minimum sideward setback; ,that they provide a buffer, berm, fence or trees; that they have a mandatory homeowners association; and subject to approval of plat submitted by Chastain Glen, Inc. to the City Building Department. Councilman Jack Cramer seconded the motion. Further discussion followed: Councilman Ron Newcomb noted that although this request was not unprecedented, the 10 feet request is a deviation from the standard accustomed to; however, he realized that this was a quality development and he appreciated Mr. Eubanks bringing the development to the City and he would vote for the request. Councilman Ron Newcomb continued to note that due to the growth in Smyrna and the increase in land prices, the Mayor and Council will increasingly be faced with these issues of setbacks, lot sizes, square footages of houses, and some long discussions must be made to decide where they draw the line regarding these type of requests. Councilman Jim Hawkins expressed his appreciation for Mr. Eubanks' development that will improve the Camp Highland and South Argo Road area with the single family homes. The motion was approved 5-1 with Councilman Wade Lnenicka in opposition. Councilman Pete Wood then moved that the land use be changed from redevelopment and industrial compatible to medium density residential, 3-6 units per acre. Councilman Jack Cramer seconded the motion. The motion was approved 6-0. (C) Annexation of Property - South Cobb Drive (1.5 Acres) - Land Lot 621, 17th District, 2nd Section, Cobb County, Georgia Mr. Smith stated Ruby R. Pressley has submitted a petition requesting the annexation of her property on South Cobb Drive just north of the East-West Connector. This is a 1.5-acre tract and will be combined with a larger parcel at the comer of the East/West Connector and South Cobb Drive to facilitate construction of a new shopping center. Mayor Bacon stated this is a public hearing and asked if there was anyone in opposition to the annexation of this property. There was none. Councilman Wade Lnenicka noted that this was first heard on July 21, 1997 and asked if there were any questions. Councilman Wade Lnenicka then moved that the City approve the annexation of the 1.5 acre, land lot 621, 0 August 18, 1997, meeting -continued 17 district, 2" section, Cobb County Georgia, to be made a part of Ward 6. Councilman Jim Hawkins seconded the motion. Motion was approved 6-0. Howard Smith noted that this would be effective September 1, 1997. (D) Annexation of Property - 1647 Gaylor Street (0.448 Acres) Land Lot 620, 17th District, 2nd Section, Cobb County, Georgia Howard Smith stated this would be part of the same shopping center as mentioned previously. Randall Jarvis and Sam H. Jarvis have submitted petitions requesting the annexation of their property at 1647 Gaylor Street. Mayor Bacon stated this is a public hearing and asked if there was anyone in opposition to the annexation of this property. There was none. Councilman Wade Lnenicka moved that this .448 acre tract be annexed into the City and be a part of Ward 6 effective September 1, 1997. Councilman Jack Cramer seconded the motion. Motion was approved 6-0. (E) Close and Abandon a Portion of Shawnee Place Mayor Bacon stated this is a public hearing and asked if there was anyone here who has any interest or wanted to make a comment on the abandonment of Shawnee Place. There was none. Councilman Wade Lnenicka stated that this was going to the northwesterly end of Shawnee Place where it dead ends into the new John Wieland subdivision, currently in Creatwood Subdivision. The purpose of this closing is to deed the property over the to the two adjacent property owners: the Jackson at 201 Shawnee Place and Linda Antonisse of 3298 Creatwood Trail. This will permanently close and prohibit the use of the road. Councilman Wade Lnenicka motioned that the northwesterly end of Shawnee Place (50- foot right of way), be abandoned and closed, and authorize the deeding of the property to the Jackson and Antonisse. Councilman Jim Hawkins seconded the motion. The motion was approved 6-0. (F) Alcoholic Beverage License Request - Agent Change - Retail pouring of Beer, Wine and Liquor - Sumner Suites - 1000 Curtis Drive Howard Smith stated Louise D. Steven would be the agent for this establishment. She has been give a copy of the Alcoholic Beverage Ordinance, is a resident of Cobb County, and has been a resident for seven and half years. She resides at 2636 Briarcrest Court, Marietta. Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the granting of this application. There was none. Upon questioning by Councilman Ron Newcomb, Ms. Steven answered that she is the general manager of Sumner Suites and had been employed one year and two months; she had experience in Cobb County serving as an agent years ago; was familiar of the details of the ordinance; and realized this was a serious situation and that stings were conducted by the City. She told Councilman Ron Newcomb that her establishment asked for the I.D. of those who appeared underage. She verified that the employees were trained regarding the serving of alcohol. Councilman Ron Newcomb indicated that the Police Department's investigation has failed to reveal any information that would preclude approval of the applicant as the agent of record. After questioning Ms. Stevens, Mayor Bacon verified that the pouring of beer, wine, and liquor was for the guests of the Sumner Suites and the serving area was not very large. Councilman Bill Scoggin asked if she had received all necessary information from the City. She said yes. Councilman Ron Newcomb asked if she was aware of the 50 % serving of food requirement. She said yes. Councilman Ron Newcomb moved that Mayor and Council approve the agent change for pouring license (beer, wine and liquor) in the name of Louise Stevens as agent for Sumner Suites. Councilman Bill Scoggin seconded the motion. The motion was approved 6-0. (G) Alcoholic Beverage License Request - Retail Beer and Wine Package - Spring Road Food Mart - 1825 Spring Road Howard Smith stated this is a new owner and a new agent. The new owner is Shamm Ahmed with Farida Investment Group, Inc. who lives at 1355 Graves Road, Norcross, Georgia. The agent will be Paulette J. Dunleavey who resides in Cobb County at 5261 Springtide, Powder Springs. The Smyrna Police Department's investigation revealed nothing that would prelude Ms. Dunleavy from obtaining this license. She has been given a copy of the Alcoholic and Beverage Ordinance. Mayor Bacon stated this is a public hearing and asked if there was anyone in opposition to the granting of this license request. There was none. Councilman Bill Scoggins asked Ms. Dunleavey if this was her first time to be an agent for alcoholic beverage and asked for her plans to train her employees. She stated that she would follow all rules and guidelines given to her from the City, and she will ask for I.D.s. Upon questioning from Mayor Bacon, she verified that the business had not been opened yet, but was in the process of stocking the establishment, and that the store will be a convenience type store. Councilman Bill Scoggin make a motion that the application for a retail package license for the establishment at 1825 Spring Road, Smyrna, Georgia be approved. Councilman Jack Cramer seconded the motion. The motion was approved 6-0. (14) Alcoholic Beverage License Request - Retail Beer and Wine Package - CONOCO quick Food Mart - 540 Concord Road Howard Smith stated this was a new owner and new agent for this establishment. The agent would be Priti Kuvadia, resident of Cobb County residing at 4490 Kinvarra Circle, Mableton, Georgia. The owner is Chirag S. Patel of OHM Enterprises, Inc., d.b.a. Conoco Quick Food Mart, and resides at 4726 Peterboro, Duluth, Georgia. The Smyrna Police Department's investigation has found no problem with this agent and owner. Mayor Bacon stated this is a public hearing and asked if there was anyone in opposition to the granting of this alcoholic beverage license request. There was none. Upon questioning by Councilman Pete Wood, Ms. Priti Kuvadia verified: she was currently the manager; she had not been an agent for alcoholic beverage license before; she was familiar with the City of Smyrna's Alcoholic Beverage E August 18, 1997, meeting -continued Ordinance and understood the required responsibilities; and she realized that from time to time the City of Smyrna conducts sting operations to make sure the law was followed; and that she lived in Cobb County. Mayor Max Bacon verified that the reason Mr. Patel did not hold the license was because he did not live in Cobb County. Councilman Pete Wood moved that the application for Ms. Pnti Kuvadia be granted the license agent for the alcoholic beverage licenses for the Conoco Quick Food Mart at 540 Concord Road, Smyrna be approved. Councilman Wade Lnenicka seconded the motion. The motion was approved 6-0. (I) Business License Request - Pronto Taxi - Taxi and Limousine Service - 1869 Cobb Parkway, Marietta Howard Smith stated the owner and applicant, Carlos Rafael Ovalle Urrutia resides at 720 Clay Drive Lot 1, Marietta, Georgia. He operates a taxi and limousine service. This issue has been discussed with Captain Fred W. Brack of the Police Department several times. The Police Department's investigation revealed only one problem. Due to a classification error his Permanent Resident status was not granted when his Resident Alien status first expired. He is presently licensed in the City of Marietta and has an application pending in Cobb County. Mayor Bacon stated this is a public hearing and asked if there was anyone in opposition to this request. There was none. Upon questioning by Councilman Wade Lnemcka, Mr. Urrutia explained the details of why he did not have his full U.S. citizenship. A mistake was made by INS and is now in the process of correcting the problem with INS and obtaining his full U.S. citizenship. Councilman Wade Lnenicka asked how long it would be for the error to be corrected. Mr. Urrutia stated that the error should be corrected and granted citizenship in several weeks. Upon further questioning by Councilman Wade Lnenicka, Mr. Urrutia stated: he has a reputable, 24 hour service business; presently holds a license in the City of Marietta (since 1996); the purpose of the license in Smyrna is for drop-off and pick-up; and he has nice cars and state of the art technology. Mr. Urrutia continued to tell Councilman Wade Lnenicka that he had 24 employees, 21 being drivers, and he has had no complaints about this service. Mr. Urrutia continued to verifiy that he did not provide a limousine service. He stated that he would like to start his business in Smyrna as soon as possible and asked for a temporary license for 90 days while the process is completed with INS. Councilman Wade Lnenicka asked City Attorney Chuck Camp if the residence and legal status requirement in this situation, based upon the recommendation of Captain Brack, could this be waived. City Attorney Chuck Camp replied no, the ordinance would have to be changed. Mayor Bacon asked why he did not apply in 1996 for a license. Mr. Urrutia remarked that he had worked for Victory and knew Al cab and never before had he seen licenses in their offices. He was under the impression that if the office was in Marietta, he was allowed to drop-off and pick-up in Smyrna. He found out about the rule when one of his drivers was cited in Smyrna for picking up. Mayor Bacon continued to ask what type cars he used in his business. Mr. Urrutia stated there was no requirement for the type of car used. He stated that he had to recruit owner operators and must use the type car the driver owns. Councilman Wade Lnenicka proposed that he did not meet the ordinance requirements, and moved that the application be approved based upon the stipulation that within 90 days he obtain the necessary citizenship or residency papers to enable him to qualify for operating a taxi business in Smyrna. Mr. Urritia stated that he would have the necessary papers within 90 days to satisfy legal requirements of Mayor and Council. Councilman Wade Lnenicka verified the motion that Mr. Urritia could not operate in the City of Smyrna until he obtained a license. If within the 90-day period, starting tonight (August 18, 1997), that he received his papers from INS, he could come to the City of Smyrna and get an application qualified and approved, and he could start his business immediately. If he does not get the required papers from INS within 90 days, his request is void, and he would have to restart the application process all over again. Councilman Jack Cramer seconded the motion. The motion was approved 6-0. (J) Zoning Ordinance Amendment - Communications Towers in Light Industrial Zoning - First Reading Howard Smith stated that the City's zoning ordinance presently only permits these towers in general commercial. We have had a request to allow in light industrial. We are proposing to add Section 714.22, radio, television and other communication transmission towers. The first reading of this ordinance addition is: 1. All towers in excess of 100 feet shall be set back from any lot used or intended to be use for a residential structure, a distance equal to one-half the height of the tower or 500 feet, whichever is greater. 2. All towers in excess of 100 feet shall be set back from any off site structure a distance of one-third the height of the tower or 100 feet, whichever is greater. 3. All towers less than 100 feet shall be set back from all property lines a distance of one-third the height of the tower. Mayor Bacon stated this is a public hearing and stated there would be another reading at the next meeting. He asked if there was any discussion or public comment on this issue. There was none. FORMAL BUSINESS: (A) Bid Opening (Bid #97028) - 1997 Street Resurfacing Project for City of Smyrna Mayor Bacon asked if there were any bids in the audience. There was none. The bids were opened and read as follows: Baldwin Paving Co., Inc. $204,234.00 Stewart Brothers, Inc. $160,803.00 C. W. Mathews, Inc. $162,277.20 E. R. Snell Contractor, Inc. $171,320.00 Bankhead Enterprises, Inc. $183,563.00 Butch Thompson Enterprises, Inc. $160,381.20 APAC Georgia, Inc. $175,695.00 0 August 18, 1997, meeting -continued Councilman Jack Cramer made a motion the bids be turned over to the Parks and Recreation Committee for their review with a recommendation bought back before council at the next meeting. Councilman Ron Newcomb seconded the motion. The motion was approved 6-0. (B) Bid Opening (Bid #97029) - Current Year Model Service Truck - Public Works Department Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Nalley Chevrolet, Inc. Southlake Ford Wade Ford, Inc. Volvo GMC Trucks Jim Tidwell Ford (3 optional bodies offered) Smyrna Truck (3 optional bodies offered) Boomershine, Inc. $39,884.25 $17,965.00 $37,705.40 $38,775.00 $36,271.00(Frank Four body) $37,736.00 (Reeding body) $42,279.00 (MCB body) $43,183.00 $38,307.00 $39,101.00 $39,179.77 Councilman Jim Hawkins made a motion the bids be turned over to the Public Works Department for their review with a recommendation brought back before Council at the September 2, 1997 meeting. Councilman Wade Lnenicka seconded the motion. The motion was approved 6-0. (C) Bid Opening (Bid #97030) - Pre -Manufactured Pavilion - Church Street Center Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Recreation Resource $26,285.00 Contract Connection $25,055.00 Councilman Jim Hawkins made a motion the bids be turned over to the Parks and Recreation Department for their review with a recommendation brought back before the Council at the September 2, 1997 meeting. Councilman Bill Scoggins seconded the motion. The motion was approved 6-0. (D) Bid Opening (Bid #97031) - Digital Multi -Channel Voice Logging Recorder with Remote PC Playback Station Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Milner Business Products, Inc. (Submitted two bids for two different companies represented by submitter) Seltronics Eyretel, Inc. $38,619.00 (Lanier Model) or $31,705.00 (Optional) $27,779.00 Councilman Pete Wood made a motion the bids be turned over to the Police Committee for their review with a recommendation brought back before council at the September 2, 1997 meeting. Councilman Jack Cramer seconded the motion. The motion was approved 6-0. (E) Validate Petition to Annex Property in Laud Lots 603, 621 and 622 - South Cobb Drive at Cooper Lake Road (.89 Acres) Howard Smith stated Bruce M. Johnson, Managing Director of Regency Retail Partnership has requested annexation of the recently constructed CVS Pharmacy at the intersection of South Cobb Drive and Cooper lake Drive. Councilman Wade Lnenicka stated that this store recently donated $1,000 to the Golden Jonquils Program and has expressed they would like to be part of the City and now has requested the following be ann xed into the City: All that tract or parcel of land lying and being in Land Lots 603, 621 and 622 of the l 7th District, Second Section, Cobb County, Georgia and being shown on a survey prepared by Robert T. Armstrong, RLS 1901, with Armstrong Land Surveying, Inc., 670 Thornton Way, Suite A, Lithia Springs, Georgia 30057, bearing Job No. 96-8564, dated May 28, 1996, as revised, to which survey reference is hereby made for a complete and accurate legal description and which is more particularly described on said survey as follows: TO FIND THE POINT OF BEGINNING, commence at the intersection of the northeasterly right-of-way 7 August 18, 1997, meeting -continued of South Cobb Drive (a variable right-of-way) with the intersection of said right-of-way and the northwesterly right of way of Cooper Lake Road (a variable right of way); from the point of beginning thus established, run thence northwesterly along the right of way of South Cobb Drive and following the curvature thereof an are distance of 110.10 feet to a point (said are being concave to the southwest and being subtended by a chord having a bearing of north 41 degrees 05 minutes 42 seconds west and a distance of 110.11 feet); tun thence north 40 degrees 21 minutes 59 seconds west along the northeasterly right of way of South Cobb Drive a distance of 116.71 feet to a '/z inch iron reinforcing bar located on the westerly line of said Land Lot 622 and the easterly line of said Land Lot 603; run thence north 40 degrees 21 minutes 59 seconds west along the northeasterly right of way of South Cobb Drive a distance of 218.00 feet to a point; run thence south 30081 degrees 18 minutes 17 seconds east a distance of 146.47 feet to a point located on the easterly line of said Land Lot 603 and the westerly line of said Land Lot 622; run thence north 00 degrees 1' 1 minutes 12 seconds east along said Land Lot Line a distance of 139.80 feet to a 1" open top pipe found; run thence south 57 degrees 46 minutes 20 seconds east a distance of 365.44 feet to an open top pipe found located on the northwesterly right of way of Cooper Lake Drive; run thence south 30 degrees 55 minutes 39 seconds west along said right of way a distance of 133.96 feet to a 3/4" open top pipe found; run thence south 56 degrees 12 minutes 42 seconds east a distance of 5.63 feet to a point; run thence south 29 degrees 35 minutes 50 seconds west along the northwesterly rights of way of Cooper Lake Drive and Cooper Lake Road a distance of 155.72 feet to a point; nun thence south 73 degrees 07 minutes 17 seconds west a distance of 8.16 feet; run thence south 73 degrees 07 minutes 17 seconds west a distance of 17.07 feet to a point located on the northeasterly right of way of South Cobb Drive (a variable right of way) and the TRUE POINT OF BEGINNING. Councilman Wade Lnenicka moved that the petition be validated and set a public hearing date for September 15, 1997. Councilman Pete Wood seconded the motion. The motion was approved 7-0. (F) Ordinance Amendment - Section 98.4 - Overnight Parking Mr. Smith stated this proposed ordinance amendment was tabled at the July 21, 1997, meeting. It involves some discussion revolving around commercial vehicles parking in residential neighborhoods. The ordinance amendment has been taken back to the Community Development Committee to discuss whether or not school buses should be included in the amendment. The ordinance amendment has been brought back in its original presentation. Mr. Smith read the amendment as read in the July 21, 1997 meeting: It shall be unlawful for any person to park between the hours of 6:00 p.m. and 6:00 a.m. on the right of way of any residential street, or upon any residential property, any nonmotorized vehicle or vonveyance, or any motorized commercial vehicle designated by the department of public safety for a license tag in any weight category higher than the 6,000 pound commercial classification. School buses shall not fall under the article. Councilman Bill Scoggins made a motion that we approve the Ordinance Amendment Section 98.4 as read tonight and on July 21, 1997. Councilman Jack Cramer seconded the motion. Councilman Jim Hawkins expressed his opposition of the motion. Councilman Jim Hawkins stated that he had far more complaints about school buses in the yard than tractor -trailers. The motion was approved 6-1 with Councilman Jim Hawkins in opposition. (G) Approve Stipulations for Polo Club Development Rezoning Mr. Smith stated at the July 21, 1997, the Polo Club Development was approved for RAD-Conditional zoning at the July 21, 1997, meeting. The developer, Mr. Russell Barnett, intended that the stipulations approved at that meeting be included in the formal minutes. This issue will address the inclusion of those stipulations into the formal minutes. Councilman Jack Cramer made a motion that the minutes be amended to include the following stipulations as part of the Polo Club. Councilman Wade Lnenicka seconded the motion. The motion was approved 6-0. The approved stipulations are as follows: If the property has not begun development within one year of this rezoning, it will revert back to the original zoning. 2. The developer will comply with Cobb County DOT requirements dated 02127/97. It is noted that a private gate will be allowed as long as it is pulled back a minimum of 150 feet from Church Road to allow vehicle stacking. Landrum Road will be used as an emergency access only. 3. An internal school bus drop off/pick-up point has been provided to prevent traffic back-up on Church Road. 4. The project shall consist of two development areas: The Courtyard area containing not more than 95 lots and the Estate lot area containing no more than 78 lots for a total of 173 lots. The subdivision will have a Homeowners Association which shall manage and maintain all common facilities within the project including but not limited to Entry Feature/Entry Gates; Private Roads; Project Landscaping; Pool and Tennis Facilities. Development standards for the Courtyards shall be as follows: a) Minimum lot size 5,000 square feet b) All homes shall have an enclosed two car garage 0 August 18 1997 meeting -continued c) Proposed setbacks shall be applied as depicted on the revised plan dated 07/03/97 and shall be as follows: 20' Front setback (measured from edge of pavement) 7.5' Side yard setback (15' separation between buildings) 25' Rear setback d) Minimum heated square footage of homes 1750 square feet e) Minimum sales price shall be $130,000 Development standards for the Estate area shall be as follows: a)- Minimum lot size 7200 square feet b) All homes shall have an enclosed two car garage c) Proposed setbacks are as follows: 20' Front setback (measured from edge of pavement) 7.5' Side yard setbacks (15' between structures) 25' Rear setback d) Minimum heated square footage of homes 2000 square feet e) Minimum sales price $150,000 Exterior finishes - Courtyard and Estate Lots: Front elevations - 50 % shall have brick or stone; 50 % shall have siding Side and rear elevations -- siding Architecture -- Traditional A landscape plan shall be submitted to the City Engineer for final approval. A final site plan showing the location and layout of all project amenities with related parking shall be submitted to the City Engineer for final approval prior to construction. An entry monument shall be constructed at the entry to the project off church Road. Said monument shall identify the name of the project and shall be constructed of brick or stone. A plan of the monument shall be submitted to the City Engineer for final approval. Erosion control shall be provided on the project in accordance with City of Smyrna standards: Buffer: a) A 10' wide buffer shall be preserved along the southern boundary of the property as identified on the Master plan. Said buffer shall be screened by means of one or a combination of the following: (1) By a natural or planted landscape screen sufficient to provide a hardy screen of a density and height to both interrupt vision to a height of 6' and diffuse the transmission of sound. When the buffer is planted said plant materials shall be evergreen trees or scrubs, which in normal growing conditions will attain a height of 6' within three years. (2) A 6' solid wood screen fence on the property line. When wood fencing is used it shall be pressure treated with a life expectancy of 20 years or more. If wooden posts are used, they shall be ground rated type and have a 20 year or more life expectancy. When a solid screen fence is used no planting shall be required within the 10' buffer. A 25' wide stream buffer shall be provided on flowing streams deemed state waters Corp of Engineers approval shall be required for wetlands disturbance prior to the commencement of improvements. Any improvement or development within the 100 year Fringe Flood area shall be reviewed and approved by the City of Smyrna Engineering Department prior to commencement of improvements. Any roadway crossing or within the 100 year flood plain shall be built at existing grade elevation so no change in the natural flood plain shall occur. All utilities within the development shall be underground. Applicant will meet all applicable regulations of the City of Smyrna Fire Department: a) All streets in excess of 150' in length (Primary Streets) shall terminate in a minimum 40' radius cul-de- sac b) All streets less than 150' in length (Secondary Streets) measured from the intersection to the beginning of the cul-de-sac shall terminate in a minimum 26' radius cul-de-sac. c) Primary streets shall be 26' back to back. d) Secondary streets shall be 22' back to back Applicant will meet all applicable regulations of the City of Smyrna. (4H) Appointment to Civil Service Board Councilman Ron Newcomb moved that John Davis be reappointed for a two year term. The motion was seconded by Councilman Jim Hawkins. Mayor Bacon asked if there was any discussion. There was none. The motion was approved 6-0. (4I) Validate petition to annex property in Land Lots 605 and 620 containing .595 acres - 1637 Gaylor Street 4 August 18, 1997, meeting -continued Councilman Wade Lnemcka stated that Randall and Sam H. Jarvis have requested annexation of this property which will be combined with the larger tract at the comer of the East/West Connector and South Cobb Drive for development of a shopping center. This parcel was inadvertently omitted from the annexation of 1647 Gaylor Street, which was just approved, and both parcels have already been rezoned for development. To find the true POINT OF BEGINNING, commence at the intersection of the northwesterly right of way of Camp Highland Road (40 foot R/W) with the northeasterly right of way of Gaylor Street (40 foot R/W); continuing thence northwesterly along the northeasterly right of way of Gaylor Street and following the curvature thereof to the left, an arc distance of 59.66 feet (said arc being subtended by a chord of North 45 degrees 23 minutes 04 seconds West, 59.64 feet, and a radius of 720.00 feet); continuing thence northwesterly along the northeasterly right of way of Gaylor Street and following the curvature thereof to the left an arc distance of 179.63 feet (said arc being subtended by a chord of North 54 degrees 21 minutes 53 seconds West, 179.30 feet, and a radius of 856.014 feet); continuing thence North 61 degrees 09 minutes 06 seconds West, along the northeasterly right of way of Gaylor Street, a distance of 87.95, feet to an iron pin; continuing thence northwesterly along the northeasterly right of way of Gaylor Street and following the curvature thereof to the right, an arc distance of 87.17 feet (said arc' being subtended by a chord of North 52 degrees 37 minutes 57 seconds West 87.14 feet, and a radius of 945.012 feet); continuing thence Northwesterly along the northeasterly right of way of Gaylor Street and following the curvature thereof to the left, an arc distance of 74.98 feet (said arc being subtended by a chord of North 50 degrees 46 minutes 33 seconds West, 74.97 feet, and a radius of 1034.093 feet) to an iron pin and the TRUE POINT OF. BEGINNING; from the TRUE POINT OF BEGINNING thus established, running thence North 46 degrees 03 minutes 56 seconds East, a distance of 130.07 feet to an iron pin; running thence North 47 degrees 59 minutes 35 seconds West, a distance of 231.81 feet to an iron pin; ruining thence South 08 degrees 57 minutes 20 seconds West, a distance of 180.72 feet to an iron pin located on the northeasterly right of way of Gaylor Street; running thence South 54 degrees 48 minutes 04 seconds East, along the northeasterly right of way of Gaylor Street, a distance of 124.42 feet to an iron pin and the TRUE POINT OF BEGINNING; said tract of land containing 0.595 acres or 25,930.4 square feet and being known as 1637 Gaylor Street. Councilman Wade Lnenicka motioned that the petition be validated and set a public hearing date for September 15, 1997. Councilman Jack Cramer seconded the motion. The motion was approved 6-0. COMMERCIAL BUILDING PERMITS: Councilman Pete Wood made a motion to suspend the rules for the purpose to add an item under item 5A. Councilman Wade Lnemcka seconded the motion. The motion was approved 6-0. Councilman Pete Wood stated a building permit for M. G. Patton Construction Company to build a building for AIRCON Corporation in the Highlands Park area was recently granted. Patton Construction Company has asked that they be allowed to begin to pour concrete at 3:00 a.m. August 25, 1997 due to the heat. Councilman Wood noted that this was a deviation from the City's ordinance, and he moved that this request be approved by Mayor and Council to allow M. G. Patton Construction Company to pour concrete on August 25, 1997 at 3:00 a.m. Councilman Wade Lwnicka seconded the motion and noted that this was in a commercial area and would not disturb any residential areas. The motion was approved 6-0. BID AWARDS: (A) Bid Award (Bid 97025) - Playground Equipment at Cobb Park Councilman Bill Scoggins asked Steve Ciaccio to describe the playground equipment. Mr. Ciaccio noted that it is our understanding that this will be the largest single standing set in the metro area and Kompan's largest set in the southeast. It includes a multi -station, very colorful playground set for ages 3-12. It will be located at Powder Springs Street, comer of Sanford Place, between the concession building and Power Springs Road. This is a purchase made by Community Development Block Grant funds. After verification from Councilman Wade Lnenicka and Steve Ciaccio, Councilman Bill Scoggins made corrected motion that the bid be awarded to Kompan Company SE, low bidder for the project in the amount of $108,351. Councilman Jack Cramer seconded the motion. The motion was approved 6-0. (B) Bid Award (Bid 97026) - Ford E350 Club Wagon - Parks and Recreation Department Councilman Bill Scoggins explained that this was an extra van for the Senior Citizens Program and made a motion the bid be awarded to Jim Tidwell Ford, for a total of $22,970.80. Councilman Jim Hawkins seconded the motion. The motion was approved 6-0. (C) Bid Award (Bid 97027) - F150 R/C Truck - Community Development Department Councilman Bill Scoggins noted that three (3) bids were received, the two lowest lowest bidders were Beaudry Ford for a 1997 F150 at a price of $14,756.60, and Wade Ford for a 1998 F150 at a price of $15,377.00. This was only a difference of $620.60. Councilman Scoggins made a motion the bid be awarded to Wade Ford at a price of $15,377.00. Councilman Jim Hawkins seconded the motion. The motion was approved 6-0. CONSENT AGENDA: (A) Approval of August 4, 1997, Minutes (B) Approval to Install Three -Way Stop Signs at Intersection of Gann Road at Woodhaven Lane (C) Approval to Request Bids for Replacement Tables for the Community Center 10 August 18, 1997, meeting -continued (D) Approval to Request Bids for Playground Equipment at Tolleson Park Councilman Wade Lnenicka made a motion the Consent Agenda be approved. Councilman Pete Wood seconded the motion. Motion was approved 6-0. COMMITTEE REPORTS: Councilman Ron Newcomb asked Melinda Dameron and Chief Hook to give reports from their departments. Both reported on statistics from last month and the last fiscal year. Chief Hook also gave a comparison report on the percentage of changes over the past two years. He noted MADD recently honored all of the D.U.I. enforcement people in the Cobb County and that our D.U.1 task force was the number one in the county for D.U.I. arrests last year. Mike Conti was honored as number one for D.U.I. arrests in the County. Also, Chris Singleton of the Police Department was recognized as an outstanding enforcement officer. Chief Hook showed a picture and write-up in the Georgia Parole Review of the City's COPS program to Mayor and'Council. Councilman Ron Newcomb reported that the Police Committee -is • still researching and considering the jaywalking issue. He noted some questions and concerns regarding this issue. Councilman Bill Scoggins asked Robin Broyles to give a report on Community Development. Mr. Broyles reported the statistics for his department along with a comparison of last year at this time. Councilman Bill Scoggins then asked for a report from Steve Ciaccio. Mr. reported on'the sand volleyball courts at Tolleson Park. He noted that the .57 mile - walking track was being'used heavily'At Tolleson. He expressed appreciation to Public Works for their help at Cobb Park and Jonquil Park. Councilman Jim Hawkins asked Scott Stokes of Public Works to report on his department. Mr. Stokes reported on the status of street work and mentioned upcoming projects. He gave work order statistics on his department. Councilman Jack Cramer asked Maryclaire Andres to report on Public Relations. Ms. Andres thanked everyone who helped out during the 125`h Anniversary Celebration. She stated it was an excellent event. She announced and described some of the activities that would be be at the first ever beach party on September 12, 1997. Councilman Jack Cramer then asked Ann Kirk to report on Clean and Beautiful. Ms. Kirk reported that the summer newsletters were out. She noted the Work Glove Luncheon would be on Wednesday at Ryan's Steak House from 11:30a.m.- 12:30 p.m. She gave statistics on recycling. Councilman Wade Lnenicka reported that Claudia Edgar did not have a report at this time on the Finance Department. He reminded citizens that the Cobb County Water Authority has announced a rate increase to the City of Smyrna effective January 1, 1998. He announced that the Cobb County Department of Transportation is sponsoring a public information meeting Thursday, August 21, 1997, 7:00-9:00 p.m. at the Community Center to present the status of transportation improvement programs. Councilman Pete Wood asked Mary Ann White to report on the Human Resources Department. Ms. White reported there were three job announcements: a part-time receptionist in the Administrative area, a clerk receptionist in the Human Resources and Purchasing area, and an information systems manager. Councilman Pete Wood asked Michael Seigler to give a report on the Library. Mr. Seigler noted that the month of July was an exceptional month. He reported that 16,629 people come to the library that month. That was 21.8 % increase over July of last year. This increase was due the outstanding effort by Tonda Morris. He continued to give statistics on his department and information about displays at the library. Mr. Seigler announced that the library would be closed on August 28 and August 29 to take an inventory. Councilman Pete Wood announced there would a meeting of Ward 7 on September 4, 1997, 7:00-9:00 P.M. in the Council Cambers at City Hall. The purpose of the meeting is to get community input on the proposed rezoning of property located at Concord and Avalon Way. In the absence of Councilwoman Charlene Capilouto, Councilman Pete Wood read a letter from Colonial Pipe Line Company expressing deepest appreciation for the high degree of professionalism shown during the outstanding work of the Fire Department on July 30, 1997 when a tank at Atlanta Junction Tank Farm caught fire due to lighting. Councilman Pete Wood also expressed his admiration and appreciation for the fine work the Fire Department does. Chief Williams reported on how the new ladder fire truck, using foam from Dobbins Airforce Base, extinguished the fire. Councilman Pete Wood asked Robbie Kennedy to come forward. Robbie showed a trophy to Mayor and Council received from a fire fighter and apparatus competition. The new ladder truck was entered against other ladder trucks from from Dekalb County and other areas. The City's truck won fast place. With no further business, the meeting adjourned at 10.52 p.m. 11 August 18, 1997, meeting -continued A. MAX BACON, MAYOR MECI&'DWbXMER0Nl CITY CLERK C. ` CHAIR CAPII.OUT , WARD 1 CHARLES PETE WOOD, WARD 7 RON NEWCOMB, WARD 2 WADE S. LNENICKA, WARD 6 12