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09-08-1998 Regular MeetingSeptember 8, 1998 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Reverend Keith Anderson, Our Savior Lutheran Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Mona Tucker, principal of Nickajack Elementary School. Ms. Tucker discussed the "Character Ed" program at their school which involves a "word of the week" and its definition. Ms. Szwec, counselor, explained the students are given a word of the week each week, learn its definition and then discuss how the word is used at home and at school, read a factual and fictional story involving that character trait and on Friday have a fun activity relating to the word of the week. Ms. Tucker stated the words for September are: Self- respect, self-control, civility, respect for authority, and respect for learning. Ms. Tucker introduced students Kelly Holder, Maggie Hoffman and Chastidy Alexander. The students provided a definition for the words of the month. Mayor Bacon presented the students with various items from the city and thanked them for attending the meeting. Mayor Bacon recognized Johnny Plunkett who encouraged everyone to vote against the sales tax for education at the polls next week. Mayor Bacon then recognized Ralph Hancock, Yvonne Williams, President of the Cobb Chamber of Commerce and Anne Brady who encouraged the voters to support the sales tax for education. Mayor Bacon recognized Senator Steve Thompson who presented ex -mayor John Porterfield, Mike and Ginger Porterfield and their children, with a resolution honoring the late Betty Porterfield (wife of John Porterfield) and commemorative signs designating the bridge on South Cobb Drive at I-285 as the "Betty Porterfield Memorial Bridge." Mayor Porterfield thanked Senator Thompson for the resolution and the honor of having the bridge named for his late wife. Mayor Bacon recognized Howard Martin who discussed an on -going problem on Lee Street. Mr. Martin stated there is a constant speeding problem on Lee Street and asked if speed breakers could be installed at the bottom of the hill on Lee Street. Councilman Hawkins stated it is the city's policy to only install speed humps on short connector streets and Lee Street is close to one or one and a half miles long. Mr. Hawkins stated the street also goes in and out of the city therefore portions of the street are in the County. Mr. Hawkins stated he would like to request a petition signed by all the residents of Lee Street (even the County residents) to determine if all were in agreement with the request for speed humps. Mr. Hawkins stated the petition would have to have the majority of the people in support of the speed humps. Mr. Hawkins- stated after the petition is received, the City Engineer will have to determine if the speed humps would be safe for that street. Mayor Bacon recognized Margie Bowman-Moze, 875 Parkway Drive, who complained about the residence at 2331 Robin Lane and the possible operation of a business at that address. Mayor Bacon stated he had received a letter from another resident concerning this property and had instructed Marty Peace, City Marshal, to investigate the complaint. Ms. Bowman-Moze also complained about another residence in their neighborhood allowing a limousine to be parked on the street instead of in the driveway. PUBLIC HEARINGS: (A) Adoption of 1998 Tax Millage Rate Mr. Smith stated this public hearing has been advertised for two weeks and is for the adoption of the 1998 tax millage rate to be set at 11.2 and represents a reduction. Councilman Lnenicka stated when the budget is adopted each year a tentative millage rate is set. Mr. Lnenicka stated the official millage rate cannot be set until the city receives the official Cobb County Tax Digest. Mr. Lnenicka stated the city is proposing the official millage rate for 1998 to be 11.2. Councilman Lnenicka stated the public notice, with the five-year September 8, 1998 meeting - continued history, was advertised as required by law. Mr. Lnenicka stated there was one typographical error in the advertisement - which was a historical error and the auditors and City Attorney Chuck Camp have assured us this is a minor issue and would not preclude the council from moving forward with this issue. Councilman Lnenicka further clarified the issue by stating that in 1993, the net taxes actually decreased .5 % and in 1994 in the advertisement that was published that was carried forward as a typo instead of being corrected. He stated for the record the actual amount the taxes increased (collection of the taxes) 3.6% and apologized for the mistake. He stated in 1995, collections went up 1.94%; 1996 - 11.26%; 1997 - 6.08%; 1998 the city is calculating 6.26 % . Mayor Bacon stated this is a public hearing and asked if anyone would like to make any comments concerning the adoption of the millage rate. There were no comments. Councilman Lnenicka made a motion that the city adopt the 1998 millage rate for the City of Smyrna to be 11.2 mills. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Variance Request - Increase Sign Square Footage for EEA DeVille (Galleria Courtyard Apartments, 2475 Spring Road) Mayor Bacon stated items (B), (C) and (D) all relate to the same property and will be addressed together. Mr. Smith stated the applicant is requesting variances to increase the sign square footage from 32 square feet to 72 square feet for better presentation of the property; increase in sign height from 8 feet to 10 feet due to a slight grade change at the property location; and reduction of the required set back from 15 feet to 1 foot due to the road being moved which places the sign, at its present location, closer to the road than it was originally placed. Mr. Smith further stated the sign will actually remain where it is located but due to the road -widening project, the sign is in the right of way. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of these variance requests. There was no opposition. Councilwoman Capilouto asked the applicants to introduce themselves. The following representatives Ginger Gagle, Lane Company (third party management company); Michael Norton, Wood Graphics (sign company); and Kevin Kennedy, Vice President of Operations for EEA Realty (owner of the property) introduced themselves. Mr. Kennedy stated they are in the midst of an on -going renovation project and are spending in excess of three million dollars to substantially improve the exterior and interior look of the property and they strongly believe they need a sign to convey that image. Mr. Kennedy explained the existing sign in on a planter that measures (from the base of the existing planter) 8' 6" high by 6' 10-'/2" wide. Mr. Kennedy stated the 100-foot right of way for Spring Road actually passes through the middle of the sign so that it is currently within the right of way. Mr. Kennedy stated ideally what they would like to do is construct the sign indicated on the drawing submitted in the existing location with the existing planter. Councilman Hawkins asked if they were requesting to go 10' from the top of the planter and Mr. Kennedy responded they actually only need to go 8' from the planter but had requested 10' in the variance because of the elevation drop. Mr. Kennedy stated the existing sign is approximately 58 square feet. Councilman Hawkins asked if it would be possible to redesign the new sign to be no more than 58 square feet and Mr. Kennedy responded they could do that and basically what they had proposed was a sign to be 8' high by 9' wide and they could simply reduce the width by approximately two feet making the sign 7' wide by 8' high thus resulting in a 56 square foot sign. Mr. Kennedy stated they would be willing to do that and would be willing to amend their request for the variance to do that. Mr. Kennedy stated in their particular case, they began renovation at the first of the year prior to the enactment of the new sign ordinance but only formally applied since the adoption of that ordinance. Mr. Kennedy stated in their particular circumstance, they have a significant and continuing drop in elevation so that if they conform with the setback requirement in the new ordinance, the sign would be so low from street elevation that it would essentially be meaningless and not visible. Councilman Hawkins asked if the variance request to allow the sign to remain in its present location is approved, would they be willing to keep the sign at 58 square feet. Mr. Kennedy stated they could do that if they were allowed to keep the existing footprint and the existing location and conform to the existing square footage - they feel they could make an improvement to the street view. September 8, 1998 meeting - continued Councilman Lnenicka stated in July the city adopted a combined overlay district ordinance but asked when the Spring Road Corridor Overlay district was approved. Councilman Newcomb stated he was not certain when that was adopted but felt it was at least a couple of years ago. Councilwoman Capilouto asked if the current sign is made of plywood and Mr. Kennedy responded that was correct. Councilwoman Capilouto asked Mr. Kennedy if he could reduce the size of the sign to 56 feet with and Mr. Kennedy responded they could reduce the width from 9' to 7' thus making the sign 8' high (from the base) and 7' wide instead of 9' wide and use the existing planter. Mayor Bacon asked City Attorney Camp if anyone was planning to reconstruct an existing sign, would they need to come before the council requesting a variance. Mr. Camp stated if they are reconstructing the original structure, the sign is not grandfathered. Councilwoman Capilouto suggested that the height of the sign should be measured from the highest point of the slope. Mr. Kennedy responded the design of the monument sign of 8' high by 9' wide actually creates the need to extend the planter so the additional two feet further down the grade would not be two feet at this point. He further stated if they could stay within the same constraints, go back to a 7' monument, there would be no need to change the planter and therefore the height would not be 2'. He summarized by saying that if the monument was something that was approved, the existing planter would stop almost at the end of it so what they were talking about doing was extending it out there and that is why he was told by Robert Burns that they would need to apply for a height variance. Mr. Kennedy stated if they keep the same square footage and the same planter, without changing the planter, this height ... this whole sign is being moved to the same location. Mr. Smith stated Items (C) and (D) have a very clear case of hardship based on the slope and the road widening but the size of the sign presents a problem in that it is much larger than the intention of the ordinance in the overlay district for Spring Road. Councilwoman Capilouto asked Mr. Kennedy if he could reduce the square footage of the sign to 58 square feet or leave the sign as it is and he responded that was correct. Mr. Kennedy stated he did not see them constructing a 32 square foot sign on the existing footprint and based on the advice he is being given by the experts they would be better of with the existing sign. Ms. Ginger Gagle stated that in property management, you have one chance to attract the type resident you wish to have in your development. She further stated the prospective residents are driving by the property and must be able to identify the complex and allow them to lease the property to the profile resident the city wishes to have. Councilwoman Capilouto stated the citizens of Ward 1 still associate this property with the previous property owner, condition and tenants. Ms. Capilouto further stated she feels the design of the sign needs to be changed so the residents can see that there really has been a change. Councilwoman Capilouto made a motion that the variance at 2475 Spring Road for EEA DeVille (Galleria Courtyard Apartments) to increase the square footage of the sign to 58 square feet from 32 square feet and using the existing sign base be approved. Councilman Hawkins seconded the motion. Mayor Bacon stated this would be the same size as the existing sign at this location. Motion was approved 4-3 with Councilman Newcomb, Councilman Cramer and Councilman Lnenicka opposed. (C) Variance Request - Increase Sign Height from 8 Feet to 10 Feet for EEA DeVille (Galleria Courtyard Apartments, 2475 Spring Road) See narrative above. Councilwoman Capilouto made a motion that the sign at 2475 Spring Road the Galleria Courtyard Apartments be increased to a height of 8 feet as measured from high end. Councilman Newcomb stated this would be a one-time variance and not an interpretation that the sign ordinance allows 8 feet normally from the highest slope but will allow you to reconstruct an 8-foot sign on the existing base this time only. Councilman Newcomb seconded the motion. Motion was approved 7-0. (D) Variance Request - Reduce Sign Setback from 15 Feet to 1 Foot for EEA DeVille (Galleria Courtyard Apartments, 2475 Spring Road) See narrative above. September 8, 1998 meeting - continued Councilwoman Capilouto made a motion to approve the variance at 2475 Spring Road, the Galleria Courtyard Apartments, to reduce the required setback of the sign from the right of way from 15 feet to 1 foot due to the widening of Spring Road. Councilman Newcomb seconded the motion. Mr. Kennedy asked if he could have a clarification on that motion and if the council could approve the sign to remain in its existing location. Mr. Kennedy further stated the right of way actually goes through the sign and is not a one -foot setback. Ms. Capilouto stated the motion includes the stipulation that the sign is to be in its existing location. Mayor Bacon asked Mr. Camp if the city approves a sign that is in the right of way, would the city be liable for anything that might happen as a result of an accident. Mr. Camp responded you can not approve a variance in the right of way. Councilman Hawkins stated this is an unusual situation in that the sign was there before the right of way and the right of way actually encroached on the sign. Mr. Camp stated the city could grant the variance to vary the sign to establish it where it is. He further stated if the State exercises their control over the right of way or someone else does, they will have them tear the sign down. Mr. Kennedy was asked if he understood that if the State exercised that right, he would be required to move the sign and he responded he understood. Mr. Camp stated usually if the State widens a road and they take property and remove the sign, the State would have to pay them for the sign. Mr. Kennedy stated the sign is in the 100-foot right of way but was not sure if that was the construction right of way or the permanent right of way. Mr. Kennedy stated they are requesting a variance from the city's ordinance requiring a setback from a right of way. Mr. Camp stated until the city has a survey showing the sign to be in the right of way, you could approve the sign at its present location. Councilwoman Capilouto then re -stated her motion that the sign at 2475 Spring Road, Galleria Courtyard Apartments, be approved with the sign base remaining at its current location. Councilman Newcomb seconded the motion. Motion was approved 7-0. (E) Variance Request - 3315 South Cobb Drive - Increase Sign Height from 15 Feet to 30 Feet Mayor Bacon stated Items (E) and (F) pertain to the same property and will be discussed together. Mr. Smith stated in his letter of hardship, the applicant is requesting that his existing sign is old, rusting and out of date. He further stated there are ten tenants in the center that he wishes to list on the sign and the existing sign is presently 144 square feet and the sign ordinance allows 50 square feet and is also requesting the sign height go from 15 feet to 30 feet in height. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of either of these variance requests. There was no opposition. Councilman Hawkins asked Greg Smith, Signs Incorporated of Stockbridge, about the current height of the sign on South Cobb Drive and he responded the sign is 30 feet. Mr. Hawkins asked Mr. Smith how many tenants were in the center at the time the sign was constructed and he responded he thought eight plus Kroger, totaling nine. Mr. Smith stated he had been asked to accommodate another tenant for a total of ten tenants plus Kroger as well as to include a reader board for the bottom portion of the sign. Mr. Hawkins stated the present size of the sign is 144 square feet and asked if there is any way a new sign could be constructed and stay within the size of the current sign. Mr. Smith stated by eliminating the reader board, they could shrink the square footage somewhat and the tenant slides could be reduced somewhat. He stated the design shows the tenant slides at 2' by 5' in order to give the tenants as much exposure as they could. He further stated they could reduce the tenant slides and reduce the square footage. Councilman Newcomb asked Mr. Smith why they could not have a monument style sign designating the name of the shopping center instead of the reader board style sign. Mr. Smith responded he did not think the individual tenants would agree to that because they want as much exposure as they can get. Councilman Hawkins stated in most shopping centers, as a part of your lease, you are allowed advertising. Councilman Hawkins made a motion to approve the variance request at 3315 South Cobb Drive to increase the sign height from 15 feet to 30 feet to not exceed the height of the existing sign. Councilman Scoggins seconded the motion. Motion was approved 5-2 with Councilman Newcomb and Councilman Lnenicka opposed. (F) Variance Request - 3315 South Cobb Drive - Increase Sign Square Footage from 50 Square Feet to 194 Square Feet See narrative above. September 8, 1998 meeting - continued Councilman Hawkins made a motion that the variance request at 3315 South Cobb Drive to increase the sign square footage be approved provided it be constructed within the 144 square foot size, which is the size of the existing sign. Councilman Hawkins stated the motion will be to grant a variance to increase the sign from the overlay district restriction of 50 square feet up to 144 square feet. Councilman Scoggins seconded the motion. Motion was approved 4-3 with Councilman Newcomb, Councilman Lnenicka and Councilman Cramer opposed. (G) Rezoning Request - 2600 Matthews Street (1.12 Acres) - From R-15 to O.D., Office Distribution Mr. Smith stated the applicant, Lawrence Thrower, is requesting to rezone 1.12 acres for an 8,678 square foot office/warehouse facility and the property is located at 2600 Matthews Street. Mr. Smith stated there is currently a one-story residential structure on the property and if this is approved a land use change will also be necessary. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the rezoning and land use change request. There was no opposition. Councilman Scoggins asked Mr. Thrower to briefly explain what he intends to do at this location. Mr. Thrower stated this is a 1.12 acre tract and they are proposing to change the zoning from R-15 to Office Distribution to allow the business next door to increase the space he has in a distribution building and create another building for office and distribution purposes. Mr. Thrower further stated that according to his research this land is actually undeveloped property and doesn't have a one-story building on it. He stated this property is between an office/distribution center and an electrical contractor distribution center. Mr. Thrower stated they would like to offer one of the tenants adjacent to the property the opportunity to build a similar building, with similar setbacks to expand their business with an 8600 square foot facility. Mr. Thrower stated the building they plan to construct will be similar to the ones on the front side of the property and will comply with the city's ordinance and will blend in with the other buildings. Councilman Lnenicka asked Mr. Thrower about the size sign he plans to have on the property and Mr. Thrower responded whatever type sign he plans to have will not require a variance. Mr. Lnenicka then asked about tractor -trailer traffic on Matthews Street. Mr. Reynolds, Jr., states he owns the 45,000 square foot building at the corner now and there is light tractor trailer truck traffic that comes through there for deliveries and this proposed building would have about the same - maybe two or three trucks per day - and there will be loading docks in the back and that type space warrants delivery trucks. Councilman Scoggins stated this is existing in the front part of the development now. Councilman Scoggins explained there is a truck route from Cobb Parkway, or actually Windy Hill Road, that cuts through there and goes into all that little shopping center and even to the feed store. He stated the truck traffic does not come up Roswell Street - it ends at all six corners there. Mr. Scoggins stated there is no truck traffic on Matthews Street. Councilman Wood asked if this property adjoins the Grice Electric property and Mr. Scoggins responded that was correct and there is nothing else there and where Matthews Street intersects with Roswell Street (commercial property). Councilman Scoggins made a motion that the request to rezone 1.12 acres at 2600 Matthews Street from R-15 to O.D., Office Distribution be approved. Councilman Hawkins seconded the Motion. Motion was approved 7-0. (H) Land Use Change - 2600 Matthews Street (1.12 Acres) - From Neighborhood Activity Center to Industrial Compatible Area Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this land use change request. There was no opposition. Councilman Scoggins made a motion that the land use change at 2600 Matthews Street (1.12 acres) from Neighborhood Activity Center to Industrial Compatible Area be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. (I) Zoning Amendment Request - Atlanta Road (4.77 Acres) - Reduce Size of Cul-de-Sac from 60 Feet Right of Way at Cul-de-Sac to 50 Feet and Reduce 50 Foot Asphalt to 40 Feet of Asphalt Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this zoning amendment request. There was no opposition. September 8, 1998 meeting - continued Councilman Lnenicka stated about two months ago the city rezoned the property on Atlanta Road directly across from Campbell Middle School, adjacent to Creatwood Subdivision, for a residential neighborhood with nineteen lots. He stated at the time, the city stated the distance between the houses would be 15 feet, however, they could be 10 feet if both houses were sprinkled and we imposed the requirement for a cul-de-sac that would have a paved radius of 50 feet and a right of way of 60 feet in terms of the radius. Mr. Lnenicka stated the applicant has come back because of the size of the homes and the way they would fit on the lots, they want to reduce the actual size of the cul-de-sac by 10 feet on the radius and the right of way by 10 feet. Mr. Lnenicka then asked Mr. Chris Weathers to explain why they are requesting this reduction. Mr. Weathers explained it has to do with the geometry of the property and the cul-de-sac width itself and the produce that the builder, Monte Hewitt of Highland Homes, would like to put on this property. He stated where the property goes back to the cul-de-sac, it narrows down and with the front yard, rear yard setbacks that are in place he can not fit the product on there unless there is a reduction in the cul-de-sac radius. He stated they, along with Mr. Lnenicka, had talked with Chief Larry Williams, and it seems that the cul-de-sac radius is really driven by whether or not the houses are sprinkled and that brings about the issue of what type fire truck needs to go into that cul-de-sac if you have to fight a fire. Mr. Weathers stated he has an agreement with the fire chief that if the builder, Highland Homes, sprinkles all the homes, the cul-de-sac radius can be reduced to a 50 foot right of way and 40 foot of paving in the cul-de- sac and that will allow the builder the room to build the product and price range of homes that he would like to see on the property. Councilman Lnenicka stated there has been no change in the plans that were approved two months ago and Mr. Weathers responded that was correct. Councilman Lnenicka stated the requirement of the 50-foot paved radius on the cul-de-sac comes from the fact that normally when the fire alarm is sounded not only does a police car respond, then a regular pumper unit responds but the ladder truck also responds and the ladder truck requires the 50-foot radius in order to turn around. Mr. Lnenicka stated Mr. Weathers agreement to now stipulate that he is willing to sprinkle every house means the Fire Chief, in my conversations with him and yours too, has now said in that case if we know every house is sprinkled we will never have to dispatch the ladder truck because the sprinklers will keep the fire from ever getting so large that the ladder truck would be required. Therefore, for just the normal pumpers a 40-foot radius is acceptable. Mr. Lnenicka stated he has also checked with Chief Hook, Police Department and Public Works Director Scott Stokes and that radius is acceptable to them. Mr. Lnenicka stated the proposal before council tonight would be to amend Stipulation ID and add a Stipulation 1 E to enforce what he has explained. The stipulations are listed below. Mr. Lnenicka asked Mr. Weathers if he agreed to the revised stipulations and read items ID and 1 E for the record. REVISED SEPTEMBER 8,1998 PROPOSED REZONING STIPULATIONS FOR 3274 ATLANTA ROAD A maximum of 19 lots on the property will be developed in accordance with and consistent with the subdivision plan submitted with the application. The plan specifies that: A. The minimum lot size shall be 7,000 square feet. B. The minimum lot width at the front building setback shall be 60 feet except for lots numbered 9, 10 and 11 where it shall be at least 40 feet. C. Building setbacks shall be as follows: 1. Front: 15 feet 2. Side: 5 feet 3. Rear: 20 feet 4. Side setbacks on lots numbered 1 and 19 next to Atlanta Road shall be 25 feet. D. The cul-de-sac shall have a paved radius of 59 40 feet and a right of way radius of 69 50 feet. E. All homes shall be built with a building sprinkler system approved by the City Fire Marshall and the Chief Building Official. 2. There will be a mandatory homeowners association with protective covenants on all lots. 3. The minimum distance between buildings shall be 15 feet. However, that can be reduced to 10 feet if both buildings include a building sprinkler system approved by the City Fire Marshall and the Chief Building Official. 4. All homes will have a minimum heated floor area of 2,200 square feet. 5. All homes will have a two car (or larger) garage, and the garage area shall not be used to calculate the minimum floor space. 6. The protective covenants will require that all front yards be sodded. September 8, 1998 meeting - continued 7. The entire development will have underground utilities. 8. The development will have decorative streetlights installed subject to approval by the City Engineer. 9. Adequate erosion control measures will be constructed before any site grading is undertaken and will be maintained until permanent ground cover is established. 10r Adequate storm water detention shall be provided so that the development does not increase peak flow rates of storm water runoff, as approved by the City Engineer. In particular the creek on the southern boundary will be protected from erosion, flooding and siltation. 11. All detention ponds shall be placed and screened appropriately to be unobtrusive to homes both within and adjacent to the subdivision, as approved by the City Engineer. They will be designed to retain at least 110% of the peak pre -development water runoff. 12. As many trees as possible will be saved. 13. All homes will have partial (as a minimum) brick or stacked stone front elevations. 14. The street will be installed to City standards. 15. The development will be screened from Atlanta Road with a six-foot high barrier that may be constructed in any combination of berming, fencing, walls and landscaping. Landscape and entranceway plans will be prepared by a registered Landscape Architect and will include irrigation and permanent maintenance by the Homeowners Association. 16. Seasonal flowers to be planted by the developer at the entrance will include the city flower, the jonquil. 17. No debris may be buried on any lot. 18. A minimum of 20 feet of brick or stone pavers will be installed at the entrance to the subdivision. 19. The developer will install a 6-foot high cedar fence on the east, west and south boundaries. The covenants will be modified to require each homeowner to maintain that portion of the fence on their lot. 20. The existing chain link fence will be removed from all boundaries. 21. The developer will work out an agreement with adjacent property owners to remove, at developer's expense, previously designated trees, especially Mr. Steve Allen at 1784 Shawnee Place and Mr. Edward Cox at 1805 Mackinaw Place. 22. If the developer does not begin construction within one year from date of closing on the property, then the entire property will become zoned R-15. * Stipulation LD was amended in Council meeting of 9-8-98 (Item 3(I)). * Stipulation LE was added in Council meeting of 9-8-98 (Item 3(I)) as a requirement to amending LD above. Councilman Lnenicka made a motion to amend the stipulations for the rezoning at 3274 Atlanta Road to make the changes in I and the addition of I as read into the record and presented on the information before the Council. Councilman Wood seconded the motion. Motion was approved 7-0. (J) Charter Amendment, Article III, Section 7 (Oath of Office) Mr. Smith stated this is the second reading of the proposed ordinance amendment for the Oath of Office for elected and appointed officials to include the underlined text below. I, , do solemnly swear that I will well and truly conduct myself as of the City of Smyrna for the ensuing term and that I will faithfully enforce the charter and ordinances of the City of Smyrna to the best of my ability, without fear or favor, that I am not the holder of any unaccounted public money due the State or any political subdivision or authority thereof, and in all my actions as act as I believe for the best interests of the City of Smyrna. So help me God. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to comment on the proposed amendment. There were no comments. Councilman Lnenicka stated the oath is not only for elected officials but also for certain sworn officials also within the city as well as the appointed staff. Mr. Lnenicka stated the first reading was held on August 17, 1998 and was duly advertised as required by law on August 13 and August 27 and September 3, 1998. Councilman Lnenicka made a motion to approve the September 8, 1998 meeting - continued proposed amendment to the Charter, Article III, Section 7, Chapter 9 as read by Mr. Smith. Councilman Hawkins seconded the motion. Motion was approved 7-0. (K) Variance Request - 959 Dell Avenue - Reduce Front Yard Setback from 40 feet to 28 Feet Mr. Smith stated the applicant, Mr. Davis R. Page, is requesting to build a 10' x 12' porch to the front of his home and will require a reduction in the front yard setback from 40 feet to 28 feet. Mr. Smith stated the applicant feels it will make it easier to enter and exit his home. Mayor Bacon recognized Mr. Page and stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Hawkins asked Mr. Page to explain why the variance is needed. Mr. Page stated his wife has medical problems and this would make it easier for them to enter and exit the premises. Mr. Hawkins stated there have been other homes on Dell Avenue that have added porches and this will leave Mr. Page with a 28-foot setback from the street. Councilman Hawkins made a motion that the variance request at 959 Dell Avenue to reduce the front yard setback from 40 feet to 28 feet be approved. Councilman Hawkins further stated since the porch will be on the front of the home Mr. Page does not need the signatures of his two adjacent neighbors. Councilman Lnenicka seconded the motion. Motion was approved 7- 0. (L) Resolution - Wireless Telecommunications Charges (E911) Mr. Smith stated the State has made it possible for local governments to recover a larger share of operating the E911 System and in particular to deal with the cost of cellular telephones. Mr. Smith further stated this is a public hearing related to the potential imposition of that ordinance within the city and the collection of those fees. Councilman Newcomb stated this is a public hearing as required by Georgia Code to consider a resolution to impose a wireless communication charge for providing the 911 service. Mr. Newcomb stated the public hearing was advertised on August 27 and no action will be taken tonight and further stated the city is looking into the projected revenues and required expenditures to meet the requirements of the law. Mr. Newcomb stated that initially the charge for wireless customers is capped at $1 per device per month and in the year 2001 the charge can go to $1.50 if certain requirements are met and all the fees collected must be used for the support of the 911 system; the city's 911 system will have to have automatic number identification and the precise location of the base station or cell site that picked up the 911 call. Councilman Newcomb stated in order to implement this, the city has to adopt a resolution imposing the charge, setting the amount, specifying the start date and holding the public hearing that is being held tonight. Mr. Newcomb stated the earliest the 911 charge could be imposed is 120 days after the resolution is adopted and the city is not prepared to adopt the resolution tonight. Councilman Newcomb stated as soon as the expected revenues and expenditures are obtained, the city will be prepared to do this. Mayor Bacon asked if there was any public comment. There was none. (M) Alcoholic Beverage License Request - Georgia Bar-B-Que (d/b/a Sonny's Bar-B-Que) - 2717 Spring Road- Retail Pouring (Beer Only) Mr. Smith stated this is an ownership/agent change for Sonny's Bar-B-Que and the applicant, Mr. Alan Keith Price, has been given a copy of the Alcohol Beverage Ordinance and it has been reviewed with him by the business license officer. Mr. Smith stated Mr. Price resides at 2600 Turner Road, Marietta, Georgia and the Police Department revealed nothing that would preclude the issuance of this license. Mayor Bacon stated this a public hearing and asked if anyone was present in opposition to the granting of this request. There was none. Mayor Bacon further stated this locations has previously been licensed and all requirements have been met. Councilwoman Capilouto asked Mr. Price how long they have been selling beer at this location and he responded about 18 years. Ms. Capilouto asked Mr. Price if he had received and reviewed the alcohol beverage license ordinance and if he will train any new employees. Mr. Price responded yes. Councilwoman Capilouto stated the location meets the distance September 8, 1998 meeting - continued requirements for this license. Ms. Capilouto asked Mr. Price how long he has been the general manager for this establishment and he responded approximately six years. Councilwoman Capilouto stated for the record that the Police Department investigation failed to reveal anything that would preclude the issuance of this license to Mr. Price. Councilwoman gapilouto made a motion that Alan Keith Price be approved as the agent for The Georgia Bar- B-Que dbmpany, d/b/a sonny's Bar-B-Que at 2717 Spring Road for the retail sale of beer. Councilman Newcomb seconded the motion. Motion was approved 7-0. (N) Business License Request - Video Game Room - Lucky 888 Vending - 3240 South Cobb Drive, Suite T Mr. Smith stated Mr. Frank Anthony Azzurro has applied for a license for a Video Game Room at 3240 South Cobb Drive and has been given a copy of the Amusements and Entertainment Ordinance and the Business License Officer has reviewed the ordinance with him. Mr. Smith stated Mr. Azzurro resides at 3092 Mars Hill Road, Acworth, Georgia. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this business license request. There was none. Councilman Hawkins asked Mr. Azzurro to describe how the business would operate. Mr. Azzurro stated they will comply with the rules and regulations pertaining to the City of Smyrna. Mr. Hawkins asked if he played a video game, if he made a certain score would he receive a free game or something for that score. Mr. Azzurro responded the player would receive continuation of play or a gift certificate from certain stores - either a local restaurant, variety store, etc. Mr. Hawkins asked about the age limit of patrons allowed to enter the game room and Mr. Azzurro responded that has not been determined yet. Councilman Hawkins asked about the hours of operation and Mr. Azzurro responded on the week days the hours would be 11:00 a.m. to 11:00 p.m. and weekends 11:00 a.m. to 12 midnight and Sunday - 1:00 p.m. to 11:00 p.m. Councilman Hawkins asked Mr. Azzurro if he has any other video game type businesses in operation in other locations. Mr. Azzurro responded he will be the general manager and the owner's father has one in Doraville. Mayor Bacon asked Mr. Azzurro if he was aware the 1997 property taxes on the property have not been paid and Mr. Azzurro responded they do not own the building but have 20-year lease on it. Councilman Hawkins made a motion to deny the business license request for Lucky 888 Vending at 3240 South Cobb Drive, Suite T, due to the fact that the 1997 property taxes have not been paid and that the business does not comply with Section 10-28 of the Smyrna City Code, paragraph 3. Councilman Cramer seconded the motion. Motion to deny was approved 7-0. FORMAL BUSINESS: (A) Approval of Revised Position Classification Policy Mr. Smith stated this comes from the Human Resources Committee and is an effort to streamline and simplify the classification or reclassification process used to change the classification of the employees in the city. Councilman Wood stated this is not a new policy but is a relatively minor revision of an existing policy on position reclassification. He stated this will provide a systematic way of either creating or establishing new job classifications or reclassifying existing positions to a more appropriate previously established job classification and assigning to the appropriate pay grade level of the city's employee pay classification/pay schedule. Mr. Wood stated this has nothing to do with any ongoing efforts for the pay and classification scheduled already approved but is rather a procedure that spells out how positions can be reclassified or upgraded. Councilman Wood made a motion that the revised Position Classification Policy be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Ordinance Amendment - Add Excise Tax on Rental Motor Vehicles to Part 8 of the Occupation Taxes and Regulations Mr. Smith stated this comes from the Finance and Administration Committee and provides for the establishment of an excise tax of 3 % to be levied on rental of vehicles that carry passengers in the City of Smyrna. Mr. Smith further stated a number of communities in the state have September 8, 1998 meeting - continued imposed this tax as a revenue source to be used to promote special projects. Mr. Smith firther stated the Ordinance specifies that these funds be used to promote industry, trade, commerce and tourism and specifically capital outlay projects including but not limited to the Smyrna Museum, Smyrna Welcome Center and Aunt Fanny's Cabin and associated expenses with these projects. Mr. Smith further stated the tax will be levied beginning in January 1999 assuming the support of council. Councilman Lnenicka stated this is a proposed revision to the Code to add a new chapter titled Excise Tax on Rental Motor Vehicles which will go under Business License/Occupation Taxes and Regulations of the city Code. Councilman Lnenicka stated the city of Marietta's ordinance was used as a model with the city of Smyrna inserted in the appropriate places. Councilman Lnenicka stated this will be a 3 % tax on rental vehicles. Councilman Lnenicka made a motion to approve the proposed ordinance amendment to add excise tax on rental motor vehicles to be effective January 1, 1999. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Approval of Cross Easement and Quit Claim Deed - American Legion Post 160 and City of Smyrna Mr. Smith stated the City of Smyrna has had a long-term lease with the American Legion for most of the property where the Legion is located and the parking lot that the city has been permitted to share with them. Mr. Smith stated in order to clean this situation up so the Legion will have control over it, the Legion has asked for a quit claim deed to the property and under this agreement the Legion will grant an easement for the use of the parking lot by the City of Smyrna for Little League and the city will also have the first right of refusal should the Legion decide to sell the property. Mr. Smith stated this will deed the property to the Legion. Councilman Lnenicka stated the city has spent about a year talking with representatives of the American Legion Post 160 about this issue. Mr. Lnenicka stated that when the Post was established and built following World War II there were a number of things intended or not intended to be done with that site and with the land. Mr. Lnenicka stated one of the things the city has done for the public's interest is to have met with a number of the Legionnaires who were members of that Post when it was founded and helped build the Post when it was constructed. Mr. Lnenicka stated the legal documents did not match what everyone thought had been agreed to and this will clear up who owns what, etc., and the city's interests have been protected with the easement on the parking lot and the use of the field as well as the first right of refusal and clears up a number of outstanding legal issues. Councilman Lnenicka made a motion to approve the cross easement and quit claim deed referenced in the documents before the Mayor and Council between the American Legion Post 160 and the City of Smyrna. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid Award (Bid #98056) - Truck Mounted Leaf Vacuum Councilman Hawkins stated the Public Works Department had budgeted $70,000 for a leaf vacuum truck. He further stated the Public Works Committee received the bids and reviewed them and found there was only one truck available to the city that could be purchased in time to put it into service this fall to help with this year's program. Mr. Hawkins stated that the bid on that truck was $3,000 more than what had been budgeted. Councilman Hawkins stated it is the recommendation of the Committee to reject all bids and re -bid this item. Councilman Hawkins made a motion that all bids for a truck -mounted leaf vacuum truck (Bid 98056) be rejected and the truck be re -bid. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Bid Award (Bid #98057) - Landscape Truck for Parks and Recreation Councilman Cramer stated this is a Capital Improvements Project item for the Parks and Recreation Department. Mr. Cramer stated it is the recommendation that the bid be awarded to the low bidder meeting specifications. Mr. Cramer made a motion that the bid be awarded to Fouts Brothers, the low bidder meeting specifications, for a landscape truck for a total -V4 September 8, 1998 meeting - continued delivered price of $30,523. Councilman Hawkins seconded the motion. Motion was approved 6-0 with Mr. Scoggins abstaining. (C) Bid Award (Bid #98058) - Electrical Supplies and Services for Church Street Senior Center Pavilion Councilman Scoggins stated it is the recommendation of the Parks and Recreation Committee to award the bid to the low bidder meetings specifications. Councilman Scoggins made a motion to award the bid for electrical supplies and services for the Church Street senior center pavilion to Precision Electric, the low bidder meeting specifications, for a total cost of $12,418. Councilman Cramer seconded the motion. Motion was approved 7-0. *(D) Bid Award (Bid #98034) - Professional Design Services - Cobb Center Property (16 Acre Park) and Authorize the Mayor to Sign Agreement *Councilman Scoggins made a motion to suspend the rules for the purpose of adding an item to the Bid Award portion of the meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. Councilman Scoggins made a motion to add as item (D) - Bid Award (Bid 98034) - Profession Design Services - Cobb Center Property (16-Acre Park) to the Bid Award Section. Councilman Cramer seconded the motion. Motion was approved 7-0. Councilman Scoggins made a motion to authorize the Mayor to sign an agreement with Altimira Design and Common Sense, Inc., for professional design services for the Cobb Center proposal for the Cobb Center property for total cost of $50,500. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of August 17, 1998 Minutes (B) Approval to Use Council Chambers September 16, 1998 From 6:30 to 9:30 p.m. - Vinings Forest Homeowners Association (C) Approval to Install Speed Humps on Bates Street (D) Approval of Professional Services for Entry Police Officer and Firefighter Written Testing to be Conducted by Consultant Mary Ann Johnson White (E) Approval Contract with Tommy Hart Jones - Second Phase of Aunt Fanny's Cabin Project (F) Approval to Request Bids - 12" Water Main Extension for Bentley Park Subdivision - Concord Road (G) Approval to Request Bids - Asbestos Survey - 2620 Atlanta Road - Smyrna Fire Training Building (H) Approval to Request Bids - Asbestos Removal - 2620 Atlanta Road - Smyrna Fire Training Building (I) Approval to Request Bids - Demolition of the Smyrna Fire Training Building - 2620 Atlanta Road (J) Approval of July 27, 1998 Minutes - Special Called Meeting (K) Approval to Purchase Radar Units and Video Cameras - Kustom Signals, Inc. (L) Approval to Purchase Herby Curby's from the City of Perry (M) Approval to Request Bids - Three New Computers for Library Network (N) Approval to Request Bids - Computer Equipment for Community Center (0) Approval of Resolution - 1 % Special Local Option Sales Tax for Education (P) Approval of Welker and Associates to Provide Engineering Design of Bell Drive Sewer Line Councilman Scoggins made a motion that the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Council members Capilouto, Newcomb, Scoggins, Hawkins, Cramer and Wood had no committee reports. September 8, 1998 meeting - continued Councilman Lnenicka announced there will be a meeting at 7:00 p.m. in the Council Chamber on Wednesday, September 16, 1998, with the Vinings Forest Homeowners Association. He invited all those interested residents to attend. Councilman Lnenicka then stated he wanted to give some notice to the residents that the city received a letter from the Cobb County Water System with the subject being Notice of Wastewater Rate Adjustment. Mr. Lnenicka stated this letter provides notice of a 4 % wastewater rate adjustment effective January 1, 1999, and applicable to all customer categories. He further read from the letter.... "the fourth in a five-year program of 4% annual adjustments was approved by the Cobb County Board of Commissioners on August 22, 1995. This action is required to sustain the water system's capital improvement program while minimizing future debt." Mr. Lnenicka stated the city has not taken any official action on this but did want to let the citizens know the county government and county water system has a five-year plan where they are implementing 4 % sewer rate increases every year for five years and this will be year number four and they are continuing on with that. Mr. Lnenicka further stated in the past the city has passed along this increase to the customers and we have also been put on notice there will be water increase come January 1, 1999, and this is not pleasant news. Councilman Lnenicka stated he did not want the city to be accused of hiding bad news and it doesn't get better with age. Mr. Lnenicka stated this issue will be debated by the council and a decision made on what should be done and when. Mayor Bacon recognized two members of the Vinings Gazette who were in attendance at tonight's meeting. Mayor Bacon said hello to Howard Smith's mother who is visiting from South Carolina. Mayor Bacon stated he is proud of the fact that the City of Smyrna does allow its citizens to speak at the beginning of the council meetings. Mayor Bacon reminded everyone to vote on Tuesday, September 15. ADJOURNMENT With no further business, the meeting adjourned at 10:38 p.m. A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK CHARLENE CAPILO TO, WARD 1 RON NEWCOMB, WARD 2 Z4 I SCOGGINS, WAR K CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 JAMES M. HAWKINS, WARD 4