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11-03-1997 Regular MeetingNovember 3, 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 for Councilman Cramer who was out of town. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Reverend Steven Kimmel, First Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon asked Phagan Durham to come forward. Mayor Bacon asked Reverend Kimmel to stand with Phagan while Councilman Wood read a proclamation declaring November 16, 1997, as John Phagan Durham Day in the City of Smyrna. Mr. Durham thanked the Mayor and the Council for preparing the proclamation honoring him. Mayor Bacon asked Betty Turley and Marge Cameron to come forward. Mayor Bacon asked Councilman Lnenicka to read a proclamation in honor of Poppy Day. Ms. Cameron thanked the Mayor and Council for the proclamation and accepted it on behalf of the American Legion Women's Auxiliary Unit 160. Mayor Bacon asked Representatives Sauder and Bradford to come forward. Representative Sauder presented Scott Byers with a special resolution that was done at the Georgia House during the last year in recognition of his outstanding baseball accomplishments. Mr. Byers thanked the elected officials for the resolution. Representative Bradford stated the legislature will start in just a couple of months and that he and Representative Sauder look forward to serving their constituents. Mayor Bacon recognized the following persons who expressed their support of Councilwoman Capilouto and their concerns with the condition of the Chateaux DeVille Apartment complex: Ms. Joe Pate, Afton Downs resident; Miles Stevenson, resident of Chateau DeVille; Otis Thomas, Afton Downs resident; Sue Levine, 2000 Oakley Trail. The residents presented the city clerk with a copy of a letter sent to the new property owners and asked that the letter remain on file in the office of the city clerk. PUBLIC HEARINGS: Mayor Bacon announced the following items will be tabled and asked if anyone was present who wished to address this issue. There was none. Mayor Bacon stated Items 3-A, 3B, 3C and 3-D will be tabled as well as Item 3-N will be tabled to the next council meeting. (A) Rezoning Request - Atlanta Road (4.04 Acres adjoining Northern Side of Vinings Forest Condominiums) From Low Density Residential to High Density Residential (WL Mr. Smith stated Realty Development Corporation has requested rezoning of these three R-15 lots which are contiguous and requesting to build forty-eight additional condo units - four buildings on the property. Mr. Smith stated this item has been reviewed by the Planning and Zoning Board and was approved with certain stipulations. Mr. Smith stated the applicant is also requesting a right of way change from 80 feet to 130 feet in front of the subject property in the form a variance requesting a front yard setback and requesting to reduce a portion of the buffer from 75 feet to 40 feet. He stated all these requests are for the Vinings Forest Condominium complex. Mayor Bacon asked if anyone was present in opposition to these items on the agenda. There were none. Councilman Lnenicka asked the applicant, Mr. Tim Tise, to come forward and briefly explain what they are proposing to do at Vinings Forest Condominium. Mr. Tise stated Vinings Forest is a condominium complex on Atlanta Road that was started in early 1995 and to -date all but two of the homes in the second phase and about a dozen homes in the last phase (which is now under construction) have sold. Mr. Tise stated they had in their document package, the ability to acquire the next two adjoining lots. Mr. Tise further stated the family that owns the third lot over, Ms. Bartoka, approached them several months ago requesting that her property be included in the acquisition. Mr. Tise stated they did a site plan and determined with the addition of that third lot, they would be able to expand Vinings Forest by 48 homes and in the original document package to the homeowners Vinings Forest's maximum expansion was 156 homes. Mr. Tise stated based on the site plan and the basic reason for the tabling request is based on the declaration change request, they needed two-thirds of the homeowners at Vinings Forest homeowners to approve that. He stated the reason for the declaration change is not the number of homes but for the t November 3, 1997, meeting - continued addition or change in the legal description of the expansion property. Mr. Tise further stated they have received two-thirds of the homeowner's signatures to approve that and now they have to go back to the individual lenders of those homeowners and have the lenders approve the change in the document package. He stated that they are working with Ms. Helen McGee, who is adjacent to the property, and come up with a certain number of agreements as far as a fence, landscaping and other stipulations that she would like for them to do. He stated there are two variances requested and explained Item 3-C is due to a jut in the right of way directly in front of Vinings Forest and the buildings in the last phase will be no closer to Atlanta Road that what the buildings are now. He further stated they were requesting the variance to accommodate that jut in the right of way and he stated that is an abandoned roadway. Mr. Tise explained the other variance - Item 3-13, is being requested due to the fact that the other 108 homes in Vinings Forest have only a 10-foot buffer on the side and that is another reason they were interested in acquiring the third lot. He stated that acquisition would allow them to do a full 75-foot buffer to the north side to protect Vinings Forest from any development that might occur on the north side. He further stated in that 75-foot buffer, there is one particular section the roadway will encroach into that buffer and they have offered to double plant that buffer. Councilman Lnenicka stated the original request identified as Item 3-A is the rezoning which would change the adjacent property on the north side from single family residential to RM-12, Condominiums, which is the same as the zoning for Phases 1, 2 and 3. Mr. Lnenicka stated the first two lots are owned by Frank Uzzel and is a pie shaped lot that is difficult to work with and the next lot belongs to Ms. Bartoka with the next lot on the north side belonging to Ms. Helen McGee. Mr. Lnenicka stated Ms. McGee wants to remain on the property therefore the second variance request (side yard setback) is to protect both property owners. Mr. Lnenicka stated the third request (front yard setback) for a variance is due to the fact that the right of way moves but the road curb does not and none of the buildings will be any closer to Atlanta Road than they are now and in order to maintain the same distance from the curb, the front yard variance is required. Mr. Lnenicka stated also included as Item 3-B if the rezoning was approved an amendment would be necessary. Councilman Lnenicka asked Mr. Tise to discuss the streets and the paving of the streets in the development. Mr. Tise responded they have not applied the topcoats to Vinings Forest and usually it is their policy to turn the property over to the homeowners without patching on the roadways. He stated the third phase of Vinings Forest is under construction now and it was delayed three or four months after Phase 2 and they still have to go back and put the topcoat on Phase 1 and 2. He stated they know the infrastructure is secure and that most of the moving trucks have come in and out and the only thing left to handle with heavy trucks are the sheet rock deliveries in Phase 3. He stated after that is done, they will apply the final coat to Vinings Forest. Councilman Wood asked about the price range of the town homes that have been built so far. Mr. Tise responded the range began in the upper eighties and low nineties and now those are the least expensive units. He stated those are now selling in the high nineties. Mr. Tise stated the range when they first began was from $89,900 to $129,900 and now they are in the upper end of the $140,000's. He stated there are six different unit types. Mr. Wood asked about the garbage disposal facility near where Phase 3 is being developed. Mr. Wood stated it is open-ended and wondered if Mr. Tise planned to do something about that as well as the landscaping around it. Mr. Tise stated in the last several weeks they have been constructing a trellis over that garbage compactor and once that is done a gate will be installed. Councilman Lnenicka asked Mr. Tise if he would repair the roads in the back portion of Phase 3, which have potholes. Mr. Tise responded they would fix the potholes tomorrow morning and take care of that. Mr. Lnenicka asked Mr. Tise if he is still considering brick pavers at the entrance and Mr. Tise stated that is part of the repaving. Councilwoman Capilouto asked Mr. Tise about the number of rental units that might be in the complex and if there is anything in their covenants addressing that issue. Mr. Tise responded there is nothing in the covenants addressing that issue but there are no rental units in the development as all of them are owner - occupied. Councilman Lnenicka asked if the plans for the additional 4 acres on the frontage would be to contain the same kind of brick and wrought iron fence along that frontage. Mr. Tise responded that was correct and they will carry that fence all the way to the end and encircle the entire property with the vinyl -coated chain link with the barbed wire. He stated they have 67 homes closed at Vinings Forest and about 70% of those are female owned and security is very important to them. Mr. Lnenicka then asked if the front would continue to look like the existing frontage with the landscaping, fencing, etc. Mr. Tise responded that was correct. Mr. Lnenicka asked if there would be any additional entrance into the development. Mr. Tise responded there would only be one entrance and most of the persons residing there feel that is very November 3, 1997, meeting - continued important and they feel two entrances might breach that security. Councilman Lnenicka asked Mr. Tise if he purchases the adjoining property, would they be able to move the existing houses through the existing entrance and not have to have a construction entrance off Atlanta Road. Mr. Tise responded stated he was not sure but there would not be a construction over Ms. McGee's property. He stated the concern expressed by some of the Vinings Forest residents is they would like the construction moved over a little bit and may have the construction come in through the Uzzel property entrance while they are doing the last phase. Councilman Wood stated he was confused by the marketing material, which advertises the homes from the $90,000's, and yet on the latest rezoning he has mentioned the homes will average into the $130,000's. Mr. Tise stated their prices are from the $90,000's but the two largest floorplans are in the $120,000 - $130,000 price range currently. He stated the range is in the mid to high $90,000's all the way up to the mid $130,000's. Mr. Wood stated he is concerned about the conception that the homes could be purchased for somewhere in the upper $90,000 price range. Mr. Tise responded they are not now marketing the fourth phase of the development now, they do still have two homes available in the second phase and one is a model without a garage and is priced in the $90,000's but as far as Phase 3 there are about $3,000 more and the new phase will be even more expensive. Councilman Newcomb asked if there was any reason why some of the items could not be voted on this evening instead of tabling all of them. Councilman Lnenicka stated there is a time frame involved when any of these items are approved and because the developer would have to go back to the lending institution when some of these are approved, it is best to table them all and vote on them at the same time. Mr. Lnenicka stated he appreciates the extra time that will allow him to work out some stipulations with Ms. McGee and her family that will protect her property (side yard setback issue). Mr. Newcomb stated he has some concerns about the density of this project. Mr. 'Newcomb stated he is also concerned about the square footage of these units. Councilman Lnenicka made a motion that the rezoning request for Atlanta Road - 4.04 acres adjoining northern side of Vinings Forest Condominiums) from R-15, Single Family Residential to RM-12, Condominiums be tabled to the December 1, 1997, council meeting. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (B) Land Use Change (4.04 Acres adjoining Northern Side of Vinings Forest Condominiums) From Low Density Residential to High Density Residential See narrative above. Councilman Lnenicka made a motion the Land Use Change request be tabled until the December 1, 1997, council meeting. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (C) Variance Request - Atlanta Road (North of Vinings Forest Condominiums) - Reduce Front Yard Setback from 81 feet to 40 Feet See narrative under Item (A). Councilman Lnenicka made a motion the variance request on Atlanta Road to reduce the front yard setback from 81 feet to 40 feet be tabled until the December 1, 1997, meeting. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (D) Variance Request - South Atlanta Road (North of Vinings Forest Condominiums) - Reduce Side Yard Buffer from 75 Feet to 40 Feet See narrative under Item (A). Councilman Lnenicka made a motion the variance request on South Atlanta Road to reduce the side yard buffer from 75 feet to 40 feet be tabled until the December 1, 1997, council meeting. Councilman Hawkins seconded motion. Motion was approved 6-0 (Mr. Cramer was absent). (E) Variance Request - 3505 Cedar Valley Drive - Reduce Side Yard Setback from 10 Feet to 2 Feet Mr. Smith stated the applicant, Mr. Paul Lau, is requesting the variance to build an extra garage on his lot. Mr. Smith further stated Mr. Lau wants to build the garage for security and has provided a letter stating he has notified the contiguous property owners of his intentions. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Lnenicka asked Mr. Lau to briefly describe what he plans to do and why he is requesting this variance. Mr. Lau stated he has resided in Smyrna for twenty-two years and now that his children are driving he feels this addition will improve security for his family. Councilman Lnenicka asked Mr. Lau November 3, 1997, meeting - continued if the garage will have the same appearance as his home and Mr. Lau responded it will blend with his home's appearance. Mr. Lnenicka noted for the record that the adjoining neighbors have signed that they have no objection to the building of this garage. Councilman Lnenicka made a motion that the variance request at 3505 Cedar Valley Drive to reduce the side yard setback from 10 feet to 2 feet be approved. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (F) Variance Request - 3220 Concord Circle - Reduce Side Yard Setback on Corner Lot from 26 Feet to 20 Feet Mr. Smith stated the applicants, Don and Althea Williams, are requesting the variance to permit them to build a carport over an existing drive. Mr. Smith noted for the record that they have provided notification to contiguous property owners of their variance. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Hawkins asked Danny Gordon, representing the Williams, to briefly explain why the carport is needed. Mr. Gordon stated the carport is actually for Althea Williams as Mr. Williams passed away recently. Mr. Gordon stated Ms. Williams is elderly and the carport will provide shelter for her when she arrives home after work. He further stated there is a drive -through driveway on the property and they are planning to build this carport over that existing driveway. Mr. Hawkins stated for the record that this house ison a corner lot and there is a letter from Georgia Power, the property owner at the rear of the property, and Mr. Lynch who lives on the other side of Ridgecrest Road and Mr. Smallwood who lives on the other side, stating they have no objections to this variance request. Councilman Hawkins made a motion that the variance request to reduce the side yard setback at 3220 Concord Circle from 26 feet to 20 feet be approved. Councilman Scoggins seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (G) Ordinance Amendment - Remove Section 712.34 Mr. Smith stated the Community Development Committee recommends a special land use section to address television, land mobile, communication, microwave and radio transmission antennae towers and because of this, they are recommending that this section be removed from the General Commercial category which provides for their being permitted in a general commercial area. He stated a new set of standards will follow this removal. He further stated this is the second reading of the proposed ordinance amendment. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to address this issue. There was none. Councilman Scoggins made a motion that Section 712.34 be removed from the Code of Ordinances. Councilman Wood seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (H) Ordinance Amendment - Addition of Section 501.16 - Special Land Use Standards for Television, Land Mobile, Communication, Microwave and Radio Transmission Antennae and Towers Mr. Smith stated that after removing Section 712.34 and in reviewing this through the Community Development Committee and because of the growing demand for towers throughout the city as a means of communication and an enterprise, the Community Development Committee has proposed and reviewed with the legal department, a new special section in the Code - Section 501.16. Mr. Smith stated this is a very detailed ordinance and will be on file in the office of the City Clerk. Mr. Smith stated this is the second reading of the proposed ordinance amendment. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to address this issue. There was none. Councilman Scoggins made a motion that Section 501.16 be added to the City of Smyrna Code of Ordinances. Councilman Wood seconded the motion. Mayor Bacon recognized John Moore who stepped to the podium. Mr. Moore asked the Mayor and Council if they would consider changing the verbiage in Section 30) to reflect that no residentially used properties are permitted for tower locations. He indicated this would be in conformance with the wording in the Cobb County Ordinance. He also stated churches make an excellent ' site for tower locations even though they are in a residentially zoned category. Councilman Scoggins made a motion to amend his original motion. Councilman Lnenicka seconded the motion to amend�the original motion. Motion was approved 6-0 (Mr. Cramer was absent). Councilman Scoggins made a motion to approve Section 501.16 with the paragraph 30) being changed to read "no residentially used properties are permitted for tower locations." Councilman Lnenicka seconded the motion. Motion was approved 5-1 (Mr. Newcomb opposed; Mr. Cramer was absent). November 3, 1997, meeting - continued (n Request for Special Land Use Permit - 6600 Highlands Parkway - To Erect A Telecommunications Tower Mr. Smith stated Communications Towers, Inc., has requested permission to erect a monopole tower at 6600 Highlands Parkway. Mr. Smith stated Mr. John Moore is present to represent Communications Towers, Inc., this evening. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this special land use permit. There was none. Councilman Wood asked Mr. Moore to explain why this special land use permit is being requested. Mr. Moore stated he represents Gearon Communications who is seeking to erect this tower in the Highlands Park area. Mr. Moore presented the Mayor and Council an aerial photograph indicating the location of the site. Mr. Moore stated they are proposing to erect a 195-foot monopole telecommunications tower. He further stated there is no residential property close to this site and they have negotiated with the Highlands Parks Owner's Association for the location of this tower. He indicated they have received unanimous support from those owners for the location of the tower. Mr. Moore stated IBM is a Nextel user and Nextel is the pushing force to have this tower erected. Mr. Moore stated they currently have three co -locators to go on this pole with Nextel - Sprint, Powertel and AT&T. He stated these three companies have agreed to co -locate on this one tower if the special land use permit is approved. Mr. Moore introduced Ms. Tracy Harris, Gearon Communications, who was present to address any questions the Mayor and Council may have. Councilman Lnenicka asked Mr. Moore if the city requested to place their emergency warning sirens on this tower, would he agree to that being a stipulation for this land use permit. Mr. Moore and Ms. Harris responded they would consider that. Ms. Harris stated they had actually stipulated with the Highlands Park Association that one of the conditions placed on Gearon was to not only work with the City of Smyrna on any EMS antennae but also any other emergency equipment and spacing would need to be considered at that time. Ms. Harris further stated the city's equipment is typically far less intensive than these carriers and has not been an issue yet. She also stated that is a commitment they have made. Councilwoman Capilouto asked Ms. Harris about the location for the construction drive. Ms. Harris responded they will use the drive near 6400 Highlands Park. Ms. Capilouto asked that the area be clearly indicated by signage identifying the area as a construction drive. Ms. Harris stated they will place more than adequate signage notifying the public of the construction area. Ms. Harris stated they hope to have the tower in place within three weeks - weather permitting. Councilman Wood asked about the relationship between Communication Towers, Inc., and Gearon Communications. Ms. Harris responded Communication Towers, Inc., is a wholly owned subsidiary of Gearon Towers. Councilman Wood noted for the record that in the package of information concerning this request is a letter dated September 22, 1997, from Highlands Park Owners Association stating this request had been approved by the owners association, the architectural review committee to place the mono -pole on the land behind the 6600 Highlands Park building with the following stipulations: 1. Gearon Communications will construct the monopole so as to support three (3) wireless communication carriers, who are licensed to provide service in the Atlanta Metropolitan area. 2. Gearon Communications will pro -actively pursue the interest of said carriers in co -locating on the proposed monopole. 3. Gearon Communications will endeavor to satisfy the future needs of the City of Smyrna's Emergency system in the event enhancement is necessary. Mr. Wood stated the letter is signed by Edward B. Salem, Managing Director of the Highlands Park Owners Association. Councilman Newcomb asked who owns the property where the tower is to be located. Ms. Harris responded Northwest Partners Limited, a group of Grubb and Ellis. Ms. Harris further stated Airborne Express has contacted Gearon Communications about locating their relay equipment on this proposed D structure. Mr. Newcomb expressed his concern about what property might be affected if the tower should fall. Ms. Harris responded there is no structure near the proposed site that the tower would fall on due to the topography of the area. She further stated the adjacent property is a vacant lot and there are no plans to build on that site at this time. Councilman Wood made a motion that the request for a special land use permit at 6600 Highlands Parkway November 3, 1997, meeting - continued to erect a telecommunications tower upon application of Communications Towers, Inc., be approved. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). Ms. Harris stated she has worked with Mr. Camp, Mr. Wood and city staff and she truly appreciates the cooperation she has received from the City of Smyrna during this process. M Alcoholic Beverage License Request - Agent Change at Wallace Shell #736 - 2370 Spring Road - Retail Package Beer and Wine Mr. Smith stated this application is for an agent change only and Ralph L. Mesa, Sr., has applied to be the agent for the Wallace Shell #736 at 2370 Spring Road for the sale of retail package beer and wine. Mr. Smith further stated Mr. Mesa has been given a copy of the Alcoholic Beverage License Ordinance and has reviewed the ordinance with the Business License Officer. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of the alcoholic beverage license request. There was none. Mayor Bacon recognized Mr. Mesa and stated that he is also on the agenda to be the agent for the Wallace Shell #716 located at 677 Concord Road (next item on the agenda). Mayor Bacon stated the requests for the two locations will be handled separately. Councilwoman Capilouto asked Mr. Mesa if he has held an alcoholic beverage license previously and Mr. Mesa responded he held one in Douglas County. Ms. Capilouto noted this particular location was cited for selling alcohol to minors. Ms. Capilouto stated she understood the employee responsible for selling to minors is still employed by that location. Mr. Mesa responded that employee was terminated for approximately six months and was re -hired by the previous license holder, Mr. Hubert Brooks. Mr. Mesa stated Mr. Brooks has since retired and he will be the new agent. Ms. Capilouto urged Mr. Mesa to fully train and instruct his employees about the requirements of selling alcohol to patrons. Mr. Mesa stated they have implemented a policy since the problem at this location asking the employees to sign a contract stating they will support those employees 100% in any customer complaints regarding the requirement by Wallace Shell that everyone will be asked to provide identification prior to an alcoholic beverage sale. Mr. Mesa stated he is in that location a minimum of two or three hours every day, in both locations. He further stated he is the District Manager and has been employed with the company for eighteen years. Mayor Bacon stated that until the city changes its ordinances to put more of the burden on the person that actually sells the alcohol themselves, you can not expect a business owner or manager to be there every single day, every single second identifying everyone. Mayor Bacon further stated that the only way to get their attention is to penalize the person responsible for making the sale in violation of the ordinance. Mayor Bacon urged Councilman Scoggins to review the ordinance and make recommended changes to the ordinance. Councilwoman Capilouto asked Mr. Mesa if all his employees have current permits to sell alcohol and he responded they do. Councilwoman Capilouto made a motion that the privilege license for retail sales of beer and wine for Wallace Shell #736 at 2370 Spring Road with Mr. Ralph L. Mesa, Sr., as the agent be approved. Councilman Scoggins seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (K) Alcoholic Beverage License Request - Agent Change at Wallace Shell #716 - 677 Concord Road - Retail Package Beer and Wine Mayor Bacon stated this request is basically the same as the preceding request and is in Ward 4. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of the agent change request. There was none. Councilman Hawkins asked Mr. Mesa if he currently resides in Cobb County which is a requirement of the Ordinance and Mr. Mesa responded yes. Mr. Hawkins asked Mr. Mesa how often he will be visiting this location. Mr. Mesa responded he visits the locations daily - six days a week for two to three hours at a time. Councilman Hawkins made a motion that the alcoholic beverage license request for Wallace Shell #716 located at 677 Concord Road with Mr. Ralph L. Mesa, Sr., as the agent be approved for the retail sales of package beer and wine. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (L) Approval of Replacement of Chapter 50 - Fire Prevention and Protection - First Reading Mr. Smith stated this proposed ordinance revision is recommended by the Fire Committee. Mr. Smith stated the Fire Committee has determined that Chapter 50 - Fire Prevention and Protection - has been determined to be obsolete in many sections as the State law has changed affecting the city's standards. He November 3, 1997, meeting - continued further stated this is a replacement Chapter and this will be the first reading of the proposed new chapter. Mayor Bacon stated this is a public hearing and asked if anyone was present to address this issue. There was none. Councilwoman Capilouto stated this is the first reading of the replacement Chapter 50 in the Fire Protection Ordinance. Ms. Capilouto stated the proposed new chapter is on file in the office of the City Clerk if anyone would like to read it. Mayor Bacon stated the second reading and adoption of this proposed ordinance change will be held at the November 17, 1997, meeting. (M) Closing and Abandonment of Unimproved Right of Way -Atlanta Road and Concord Road Mr. Smith stated this is an unimproved right of way running parallel to Atlanta Road beginning at a point 118.87 feet west of the northwest corner of Atlanta Road and Concord Road and running 163.27 feet in a northwesterly direction. Mr. Smith stated the property is to be abandoned to the owners and the legal advertisements were published October 23 and 30, 1997. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the closing and abandonment of this unimproved right of way. There was none. Councilman Hawkins made a motion that the above described unimproved right of way be abandoned and closed. Councilman Newcomb seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (N) Alcoholic Beverage License Request - Agent Change at Carrabba's Italian Grill - 2999 Cumberland Circle - Retail Pouring of Beer, Wine and Liquor Mayor Bacon stated everyone has received a copy of a letter from Mr. David Janowitz, Carrabba's Italian Grill, requesting this item be tabled. Councilwoman Capilouto stated the applicant had to go out of town due to a medical emergency and therefore was unable to be present tonight. Councilwoman Capilouto made a motion the alcoholic beverage license request for retail pouring of beer, wine and liquor be tabled to the November 17, 1997, council meeting. Councilman Newcomb seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). FORMAL BUSINESS: (A) Approval of Internet and Electronic Mail Acceptable Use Policy Mr. Smith stated it has become the policy among businesses and municipal governments to adopt a policy to govern the use of the sophisticated use of electronic communication network. Mr. Smith stated this policy will address the acceptable use of the Internet and Electronic Mail system. Councilman Lnenicka stated the Finance and Administration Committee has reviewed and recommends the adoption of this policy. Mr. Lnenicka made a motion the Internet and Electronic Mail Acceptable Use Policy be approved and adopted. Councilman Wood seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (B) Approval of Purchasing Policy Mr. Smith stated this policy will replace the outdated purchasing policy currently in place for the City of Smyrna. Mr. Smith stated this is a revision of the purchasing policy and will govern all city purchases. Mr. Smith stated in the future all bid openings will be handled through the Purchasing Agent's office and will no longer be opened at the Council meetings. Councilman Lnenicka stated the Purchasing Policy will be available in the office of the City Clerk for anyone to review. Councilman Lnenicka made a motion the Purchasing Policy be approved and adopted. Councilman Newcomb seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (C) Validate Petition to Annex Property - Cooper Lake Drive Councilman Lnenicka stated Jason A. Lewis has requested annexation of an additional 4.0 acres on Cooper Lake Drive, which is immediately adjacent to The Gates at Vinings subdivision, which is currently under development at this time. He further stated this will facilitate development of Phase II of The Gates at Vinings and Mr. Lewis is also applying for rezoning of this site and if approved will contain a total of November 3, 1997, meeting - continued 14.51 acres with twenty-six homes and a botanical park area containing 1.65 acres. The legal description as follows: All that tract or parcel of land lying and being in Land Lot 622 of the 17' District and 2`d Section of Cobb County, Georgia, and being shown as Parcel No. 1 on the plat of survey recorded in Plat Book 5, Page 145, Cobb County, Georgia Records, and being more particularly described as follows: BEGINNING at the intersection of the North line of said Land Lot and the Northwesterly right-of-way of Cooper Lake Road; thence Westerly along the North Land Lot line for a distance of 806 feet to a point and corner; thence Southeasterly a distance of 540 feet to the Northwesterly right-of-way of Cooper Lake Road; thence Northeasterly along the Northwesterly right-of-way of Cooper Lake Road and following the curvature thereof for a distance of 635 feet to the point of BEGINNING. Councilman Lnenicka made a motion that the petition to annex the property described above be validated with a public hearing scheduled at a Special Called Meeting on November 24, 1997, at 7:00 p.m. Councilman Wood seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (D) Bid Opening (Bid 97047) - Refinishing Work on Fiberglass Reinforced Columns at Community Center Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Interior Systems $20,350 Councilman Scoggins made a motion the bid be turned over to the Parks and Recreation Committee for their review and recommendation brought back before council at the next meeting. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (E) Approval of Pay Plan Policy Councilman Wood stated this is the proposed policy which will establish a formal, written pay program which will allow the city to better compete externally for qualified personnel as well as to ensure that rates of pay are internally equitable and commensurate with the duties performed in each job classification. Councilman Wood stated the Pay Plan Policy will be on file at City Hall. Councilman Wood made a motion that the City of Smyrna Personnel Policies and Procedures manual be amended effective November 3, 1997, to include the proposed Pay Plan Policy presented tonight. Councilman Newcomb seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). COMMERCIAL BUILDING PERMITS: (A) Weeks Corporation - Koch, Ltd. Machinery and Systems (28,875 Square Feet) - 300 Lake Ridge Drive - Highlands Park Councilman Wood stated this is for another building being built in the Highlands Park area and the estimated construction cost is $1,650,000. He stated this will be office/warehouse space with almost 29,000 square feet. He further stated this is for Koch, Ltd., Machinery Systems to be located at 300 Lake Ridge Drive. Councilman Wood made a motion the commercial building permit for Koch, Ltd., Machinery and Systems be approved. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). BID AWARDS: (A) Bid Award (Bid 97045) - Concrete Work at Church Street Center Councilman Scoggins stated this is the site work for the Senior pavilion at Church Street. Mr. Scoggins made a motion the bid be awarded to Newnan/Atlanta, the low bidder meeting specifications, for a total cost of $28,900. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). (B) Bid Award (Bid 97030) - Pavilion for Church Street Center November 3, 1997, meeting - continued Councilman Scoggins made a motion the bid for the pavilion (pre -manufactured shelter) be awarded to the low bidder meeting specifications, Contract Connection for a total price of $22,290. Councilman Wood seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). CONSENT AGENDA: (A) Approval of October 20, 1997, Minutes (B) Approval to Install a Three -Way Stop Sign at Green Forest Parkway and Highview Drive Councilman Lnenicka made a motion the consent agenda be approved. Councilman Scoggins seconded the motion. Motion was approved 6-0 (Mr. Cramer was absent). COMMITTEE REPORTS: Mayor Bacon stated the Halloween Carnival was a tremendous success and commended the staff of the Parks and Recreation Department for their efforts in preparing the carnival. Mayor Bacon stated the weather for the Kids Day celebration at Cobb Park was uncooperative this past weekend. Mayor Bacon stated the playground equipment is in place and open for kids' use. Mayor Bacon wished a speedy recovery to Michael Smith, who was injured in Physical Education class at Griffin Middle School today. Councilwoman Capilouto stated she had nothing to report this evening. Councilman Newcomb stated the construction of Spring Road at the Glenroy Drive area is a very difficult intersection with the U-turn traffic that is westbound trying to go east. He stated the City Engineer and the County engineers will be on site tomorrow looking at the area to see if something can be done to improve conditions at that location. Mr. Newcomb reminded everyone this is a temporary situation for the next three months. Mr. Newcomb addressed the issue of the closure of Highland Drive at Spring Road and also the right-in/right-out on Strathmoor Road. Councilman Newcomb asked everyone to be patient for the next three to six months. Councilman Scoggins commended the Parks and Recreation Department for the successful Halloween Carnival. Councilman Scoggins stated there was a crowd of people at Cobb Park for the Kids Day Celebration even though the weather was not pleasant. Councilman Hawkins reported on the status of the Concord Road widening project. Mr. Hawkins stated that at this time there is no engineering study for this project and the County has not done any engineering on the widening on the portion of Concord Road (between Atlanta Road and South Cobb Drive). Councilman Lnenicka thanked Finance Director Claudia Edgar for her role in the formulation and adoption of the Purchasing Policy. Councilman Wood stated Emory Adventist Hospital at Smyrna will be conducting a City of Smyrna employee Health Fair on Thursday, November 6, from 11:00 a.m. to 3:00 p.m. at the Community Center. Mr. Wood stated there are some job openings at the city - Part-time reference librarian and Laborer II. With no further business, the meeting adjourned at 10:03 p.m. November 3, 1997, meeting - continued A. MAX BACON, MAYORMELIN A DAMERON, Cl Y CLERK CHARLENE CAPILOUTO, WARD 1 IA A- W. A�m LIMT� CHARLES PETE WOOD, WARD 7 RON NEWCOMB, WARD 2 JAMES M. HAWKINS, WARD 4 WADE S. LNENICKA, •D