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09-20-1999 Regular MeetingSeptember 20, 1999 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 Attorneys Chuck Camp and J. Al Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Representative Doug Cook, Keep Smyrna Beautiftil Coordinator Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Robin Broyles, Community Relations Director Maryclaire Andres and representatives of the press. Invocation was given by Reverend Mike Britt, Norton Park Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Ann Kirk, Keep Smyrna Beautiful Coordinator, who asked Ms. Catherine Carino, property manager, Ms. Stacey Armstrong and Mr. Tony Kennedy of Lane Construction to come forward. Ms. Kirk commended them for the improvements along Spring Road at the Galleria Courtyard apartment complex. Ms. Kirk then presented them with the Image Enhancement Award. Mr. Kennedy expressed their appreciation to the City of Smyrna and their willingness to help them with their project from Robin Broyles, Ms. Capilouto, Scott Stokes and everyone involved to make sure everything was done properly. Mayor Bacon asked how much money was put into that community to revitalize it and Mr. Kennedy responded about $3.4 million. Ms. Carino expressed her appreciation to the owners and the management and the city for allowing them to revitalize the complex and promised it will stay attractive for years to come. Ms. Armstrong stated she has been involved with the Lane Company for eleven years and has just inherited overseeing the Galleria Courtyard complex and she is excited to be working with them now. Ms. Capilouto expressed her appreciation too for upgrading the tenant profile and further stated she has been getting a lot of compliments about the complex now and she appreciates their efforts. Ms. Capilouto also expressed her appreciation to the citizens of Ward 1 for their assistance and willingness to work with the development company, Lane Management Company as well as the new owner. Councilman Newcomb stated he understands the Cobb County School Board will be contacting the apartment complex to see what arrangements could be made to allow the school buses to come into the complex to pick up children. Mayor Bacon recognized Councilman Cramer who announced he is seeking re-election. Mr. Cramer stated he is running on his record for what the city has established in the last eight years. Mayor Bacon recognized Barbara Brenner and Jimmy Brenner, owner of Doc's Food and Spirits, who stated every year they sponsor a charity golf tournament and this year will be their seventeenth year. She stated the tournament will benefit the American Lung Association and encouraged anyone interested in playing to contact them. She stated the tournament is scheduled for September 22 at the Lakeside Golf Course beginning at 1:00 p.m. PUBLIC HEARINGS: Mayor Bacon stated that Items A-E were tabled from the previous meeting and asked Mr. Smith to briefly describe the five variance requests. Mr. Smith stated Gerald Johnson is before the city tonight requesting the variances on behalf of Piedmont Kupp Partners, who are attempting to redevelop several parcels right off Cobb Parkway adjacent to where the Doc's restaurant and lounge is located. Mr. Smith stated Item A relates to a variance to relocate an existing Doc's pole sign that is on the property being purchased; Item B relates to an access drive in a rear yard setback to allow an access drive in a rear yard setback; Item C is a front yard setback reducing the front yard from 100 feet to 70 and is all a part of constructing a new retail center with a number of businesses in this location; Item D is a variance to increase a proposed free-standing sign from 200 feet to 300 feet; Item E is a variance reducing the rear and side setbacks from 50 feet to 25 feet and the contiguous property owners have been notified. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to speak in regard to the granting of the variance requests. September 20, 1999 meeting - continued (A) Variance Request #1 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb Parkway & Hargrove - Relocate Existing "Doc's" Pole Sign Mr. Johnson requested that this item be tabled to the October 4, 1999, council meeting. He continued that until the agreement has been finalized Mr. and Mrs. Brenner would prefer that no variance be granted until such time. Councilwoman Capilouto asked Mr. Johnson if he could proceed with the development of the project without moving the pole sign. Mr. Johnson stated they currently own the property that the Kuppenheimer building sits on and have two other parcels under contract with the intention of closing on those properties and the site plan that was presented to the city anticipates a development agreement with JJJ` Enterprises (Doc's) and in which case the site plan would require the relocation of the existing sign to a new medium break. Mr. Johnson further stated that in all fairness the Brenner's are reluctant to agree to relocate a sign until a definitive agreement has been executed and he is totally in concurrence with that. Ms. Capilouto asked if the sign stays where it is, what then. Mr. Johnson stated the site plan presented would not be applicable - there are other issues regarding the execution of the development agreement in addition to the relocation of the sign. Mr. Johnson stated the only variance needed from a municipal standpoint is the relocation of the sign - the others are a determination of a three-way party access agreement that is between Doc's, Haveli and himself. Ms. Capilouto asked Mr. Johnson when he plans to close on the Haveli property. Mr. Johnson stated he plans to close on the Haveli property by the end of the year and does not anticipate any problems with that. Ms. Capilouto then asked Mr. Johnson if he will own Kuppenheimer, Haveli and the RTM (Arby's) property but the closing on the RTM property will be a concurrent closing. Ms. Capilouto asked about the location of a proposed Walgreen store and Mr. Johnson responded it would literally be where Haveli is and fronting on Cobb Parkway. Ms. Capilouto asked Mr. and Mrs. Brenner if they agreed with the statements made by Mr. Johnson in reference to the tabling of this issue until a signed agreement is reached. Mr. Brenner stated as far as the sign variance is concerned - yes; in relation to the other variances as a whole, they are still in anticipation of working out a definitive agreement because obviously this plan without an agreement is a moot issue. Mr. Brenner continued that the proposed Walgreen's would be situated right in the middle of their permanent drive -through easement from Cobb Parkway but outside of that, if an agreement is reached, they do not have any objections and they want to see the property developed. Mr. Brenner further stated as it stands right now, any variance that would be given for this property that is being requested in essence - in the absence of working out an agreement - could potentially have a negative impact on the value of their property by making their building more flexible when the result being - considering there is going to be a median down the middle of Cobb Parkway - that will mean they are looking at a 40,000-square foot retail center with 80% of that ingress/egress trying to come in at the traffic light across their property. Mr. Brenner stated without having an agreement anything that would improve Mr. Johnson's property in terms of buildability could potentially create a bigger traffic problem coming through their property where there is no easement which is why they are trying to work out something that would make it worthwhile. Mr. Brenner ftirther stated that as to whether or not they object, he would have to leave that up to the city as to whether this is a standard situation on variances because normally when a variance is granted to one property it doesn't devalue the other property but the increase of traffic across their property without having this agreement and alternative access worked out could indeed devalue their property somewhat. Ms. Capilouto asked Mr. Johnson if his curb cuts would be on Cobb Parkway and Hargrove or Cumberland Boulevard close to the Kuppenheimer building. Mr. Johnson stated that currently with the Haveli, Kuppenheimer and RTM property there are four curb cuts on Cobb Parkway and he is proposing two. Mr. Johnson stated there are currently two curb cuts on Cumberland Parkway and they will remain. Councilwoman Capilouto stated that since both parties are in agreement to table this variance request, she moved that the variance request to relocate the existing Doc's pole sign on Highway 41 (Cobb Parkway) be tabled to the October 4, 1999, council meeting. Councilman Newcomb seconded the motion. Motion to table was approved 7-0. (B) Variance Request #2 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb Parkway & Hargrove - Allow an Access Drive in a Rear Yard Setback Councilwoman Capilouto stated this variance and the next three were discussed at the September 7 council meeting and the rear yard setback in question is on Cobb Parkway. Mr. Johnson stated that was correct and it backs up to the property/fence that separates the Kuppenheimer property from the Residence Inn. Mr. Johnson stated there is an existing curb September 20, 1999 meeting - continued cut at that location and basically this is for rear access service within the setback area that already has a fence and abuts that property. Councilwoman Capilouto made a motion that the variance request to allow an access drive in a rear yard setback at 2670 Cobb Parkway at Hargrove be approved. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Councilman Cramer was away from the podium during the vote). (C) Variance Request #3 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb Parkway & Hargrove - Reduce Front Yard Setback from 100 Feet to 70 Feet See narrative above and in minutes of September 7, 1999, council meeting. Councilwoman Capilouto stated this front yard is on Cobb Parkway. Councilwoman Capilouto made a motion to approve the variance request to reduce the front yard setback from 100 feet to 70 feet at 2670 Cobb Parkway. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Councilman Cramer was away from the podium during the vote). (D) Variance Request #4 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb Parkway & Hargrove - Increase Proposed Free Standing Monument Sign from 200 Square Feet to 300 Square Feet Councilwoman Capilouto asked Mr. Johnson how many signs are currently on the property. Mr. Johnson responded there are four signs fronting on Cobb Parkway and he would be removing the Haveli sign, the Kuppenheimer sign with its reader board and the Arby's sign. Ms. Capilouto then asked if he would have one monument sign and he responded that was correct. Ms. Capilouto asked if the design of the sign had been presented to the city yet and Mr. Johnson responded he has a copy but the city does not. Ms. Capilouto asked Mr. Johnson if he has discussed the design of the sign with the Community Development Department as well as the city's requirements. Mr. Johnson stated he has not but they will adhere to those requirements and further stated their architect has a copy of the city's code requirements. Ms. Capilouto stated the requested sign will be larger than normal because of the developer's desire to put all signs on one monument sign. Ms. Capilouto stated Mr. Johnson could actually leave the three existing signs where they are and Mr. Johnson responded he feels the new sign will clean up the view corridor the entrance corridor to the City of Smyrna and personally it will be a more attractive view point to their center as well as the city. Councilman Newcomb stated that normally the city is reluctant to grant a variance for a sign this big but he feels this is probably very appropriate along Cobb Parkway. Councilwoman Capilouto made a motion to approve the variance request to increase the proposed free standing monument sign from 200 square feet to 300 square feet at 2670 Cobb Parkway with the stipulation that they concur with the City's Community Development Department. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Councilman Cramer was away from the podium during the vote). (E) Variance Request #5 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb Parkway & Hargrove - Reduce Rear and Side Setback from 50 Feet to 25 Feet Councilwoman Capilouto stated this variance is due to the fact that Hargrove Road was changed. Mr. Johnson stated this is due to when Hargrove Road was moved south the actual configuration was squished in and they have letters of acknowledgement from their neighbors. Mr. Johnson stated they still meet all the parking requirements and landscaping requirements. Councilwoman Capilouto made a motion that the variance request to reduce the rear and side setback from 50 feet to 25 feet at 2670 Cobb Parkway be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. Mayor Bacon stated the Show Cause Hearings items (A), (B) and (C) be heard at this time. SHOW CAUSE HEARINGS: (A) Alcoholic Beverage Violation - E-Z Serve - 1166 Concord Road Captain David Farmer, Smyrna Police Department, stated on August 13, 1999, a 20-year old white female operative working for the City of Smyrna Police Department entered the E-Z Serve at 1166 Concord Road. He continued that she selected a bag of potato chips and a six- September 20, 1999 meeting - continued pack of Heineken beer at a total cost of $9.95. He stated she went to the register and the purchase was rung up by a Ms. Tina Marie Gibson and shortly after the sale was complete he and Officer Singleton entered the building and cited Ms. Gibson for selling alcohol to a minor. Captain Farmer stated the first thing the clerk said was I asked him for identification and the city's operative was a female. Councilman Hawkins asked Captain Farmer if he was sitting outside while this took place and he responded he was sitting at the Frame Shop and the transaction was video taped from the parking lot. Councilman Hawkins asked if anyone else was in the store and Captain Farmer responded only the manager. Councilman Hawkins asked if the female operative harassed the clerk in any way or try to give her a hard time about the identification situation. Captain Farmer responded no, the operative simply made her selection and put down her money. Mayor Bacon asked the agent Mr. Robert Walburn if he would like to make any comment concerning this issue and he responded their attorney would be addressing them. Ms. Michelle Davis, attorney for E-Z Serve, stated the employee was not present this evening as she was terminated immediately upon their finding out this had happened. Ms. Davis stated the clerk indicated to them she had asked for identification twice and that the individual kept on at her and that she eventually did sell the alcohol. Ms. Davis stated that is against company policy which is if you ask for ID they have to produce it in order to be able to buy it so she was immediately terminated. Ms. Davis stated that her records indicate the sale took place August 12 and she feels that is relevant because that was this employee's second day of work and she was currently in training and her trainer was at the cooler trying to put some items into the cooler. Ms. Davis stated one of the main reasons she is present tonight is to give the council some insight into the programs they have and to help assure the council that this is a very serious problem which they are addressing and it is important to them. Ms. Davis stated that the last violation at this location was in 1996 and then outlined the programs they have in place - an extensive training program - and then stated that Mr. Mark Austowitz, District Manager and Bob Walburn are present this evening. Ms. Davis stated employees are required to go through a training program and a large part of the program is with respect to checking identification. Ms. Davis stated that since 1996 they have put in the "Ruby" system that was done at the recommendation of Council, they have mystery shoppers who visit various stores once a week and check every other week for alcohol sales and every other week for tobacco sales. Ms. Davis stated that unfortunately this employee had just begun working and they did not have any prior records indicating her mystery shopping reports to be able to have evaluated her. Ms. Davis stated they have a policy manual employees are required to review and are given a copy of the Smyrna ordinance and they are required to sign a document stating they have read and understand the ordinance and Mr. Walburn goes by the store on a regular basis to make sure that all the employees have the proper permits - that the ordinance book has been signed. Ms. Davis stated they have recently begun a program (under the mystery shopper program) whereby Mr. Austowitz receives an incident report the day after an incident and the employee is written up if the employee did not check identification for purchase of tobacco or alcohol. Ms. Davis indicated once such employee was written up and was warned that it was a violation and against company policy and was told she could be terminated if it happened again. Ms. Davis stated they have instituted termination upon the second incidence of failing the mystery shopper test. Councilman Hawkins asked Ms. Davis about the cash register referred to whereby the clerk has to enter the birth date and if it was in all of the E-Z Serve stores. Ms. Davis responded they are in 90% of the stores. Councilman Hawkins asked,if such a register is in the 1166 Concord Road store and she responded it is. Councilman Hawkins asked if in order for this clerk to have sold this alcohol she would have to have manually put in a date and if there was a permanent record made by the register. Mr. Austowitz responded there is but it is not available as the employee did not immediately say anything to the manager or district manager when she received the citation. Ms. Davis stated that was part of the problem in that the employee who received the citation did not say anything and they found out about it on September 6 and she was immediately terminated. Councilman Hawkins asked Ms. Davis if she was saying that the manager was on site, stocking the cooler, and did not know the clerk had just received a citation. Ms. Davis stated she had asked the manager about that and she said she did not see the incident as she was back in the back. Councilman Lnenicka asked Ms. Davis if she had a copy of the statement signed by this particular clerk, Ms. Gibson, that she had been given access to the law and city's regulations and ordinances and the company policy and if Ms. Gibson has signed such a statement. Ms. Davis stated she believed that she has and they were looking for all of the statements that had been signed and she asked the manager about those today and she was unable to locate those for the hearing. Ms. Davis stated the last report she received from Mr. Walburn indicated that every employee had signed it and that is what she has in her records but further stated she did not have the actual documentation. Ms. Davis stated she knows this was this employee's second day of training so she is not sure whether she would have - but everybody as of Mr. Walburn's last visit - everybody that was employed there had signed the book but she could not September 20, 1999 meeting - continued say if this employee at that time had signed the book. Councilman Lnenicka stated it was his recollection from 1995 and 1996 was that they did this as a pre -condition of going out on the floor and making sales - certainly unsupervised. Ms. Davis stated that again the employee was supposed to be supervised. Mayor Bacon asked since this is a problem location with four violations in the past five years they do not make it a policy that a photo id or a driver's license must be shown for purchases. Ms. Davis stated that is now their policy to do that. Councilman Hawkins asked Ms. Davis if she has been able to review the tape that was taken by the Smyrna Police Department and she responded she had not but that she had called and left a message for Captain Farmer but had not received any messages back. Councilman Lnenicka stated his concern is that there is no evidence that this young woman was shown that policy or any documentation to support the fact that she was told all those things and he did not think that was right to put someone out in the store subject to the law in these kinds of events and not having been trained. Councilman Hawkins stated that according to the records this is the fourth offense and actually goes back to 1989 when the license was suspended for 30 days. Mr. Hawkins stated shortly after 1991 or 1992 the city adopted a progressive penalty schedule for repeat offenders. He then stated the 1989 offense is not being counted but this location was cited in March of 1995 and eight days later had another violation and then again in May of 1996 and all three offenses were selling to minors. Mr. Hawkins stated with each of those violations they received a 7-day suspension and a five-year probation and every subsequent offense has come within that 5-year probation period which starts the probation over again. Councilman Hawkins stated in keeping with the chart for violations and with this being the fourth violation, the city is allowed to go up to a one-year suspension and the five-year probation starts again and that is what he is going to recommend in this case. Councilman Hawkins stated he wanted to go on record to let Ms. Davis know and everybody else know that the next offense within the next five years will be a permanent revocation of your license. Councilman Hawkins made a motion to suspend the license at the E-Z Serve Citgo - 1166 Concord Road - for one year beginning at 12:01 midnight Tuesday, September 21, 1999. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Alcoholic Beverage Violation - Ali Food & Gas - 2691 South Cobb Drive Mayor Bacon stated the licensee, Mrs. Gail Maaitah, has provided the city with a doctor's statement indicating she has infant twin children at home who are ill and her husband is here this evening for her. Captain Farmer stated on August 11, 1999, a 19-year old female operative went into the Shell station at the corner of South Cobb and Powder Springs Road and at that time she purchased one quart eight fluid ounce bottle of Bud Light from the clerk, Betty Sue Reeves and the cost of that was $2.09. Captain Farmer stated this was also audio and video taped. Captain Farmer stated when they went in to write the citation they noticed twelve coin -operated devices which are prohibited from being on the premises. Captain Farmer stated they later went back and cited Mr. Maaittah for operating an amusement center without permit. Mayor Bacon stated all they are here tonight about is the violation of the alcoholic beverage ordinance. Councilman Cramer asked Jordan Maaitah about the policy they have in place as pertains to training of his employees. Mr. Maaitah stated they train them, they know the policy and she has been caught twice before and has been to court and knows everything but she still... Councilman Cramer asked how long the clerk has been employed by him and he responded four years. Councilman Cramer stated he thinks the best policy now is to card everybody. Mr. Haveli stated they do card everybody but the problem is that you can not stand over their head every time someone comes in asking for identification. Mayor Bacon asked Mr. Maaitah if he had seen the person who purchased the alcohol and he responded he did not. Mayor Bacon asked Captain Farmer if in his opinion would there have been any doubt about carding this young lady and he responded no, sir. Councilman Cramer asked Captain Farmer what type identification was used and he responded a citation with her correct date of birth on it and charging her with driving under the influence but the ticket was never asked for. Councilman Cramer stated for the record this is the first offense for this location - Shell Station - 2691 South Cobb Drive and under the ordinance is a Class I violation with five -years probation. Councilman Cramer made a motion to suspend the alcoholic beverage license at the Shell Station, 2691 South Cobb Drive, for four days beginning September 27 and ending September 30 and placed the business on five -years probation. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Alcoholic Beverage Violation - Leroy's Liquors - 2230 South Cobb Drive Mayor Bacon asked the license holder to step forward. Captain Farmer stated on August 12, 1999, a 19-year old female operative entered Leroy's Liquors, 2230 South Cobb Drive, and bought a bag of Rold Gold pretzels and a bottle of Boone's Farm Snow Creek Berry Wine for a September 20, 1999 meeting - continued total cost of $4.08. Captain Farmer stated she was never asked for identification and this was video and audiotaped. Captain Farmer stated upon entering to issue the citation to Mr. Parman he advised he knew he had just sold to a minor and he was busy filling out a meal menu for his sister who was in the hospital and there was no one else in the store at the time the purchase was made. Councilman Cramer asked Mr. Barnes, owner of Leroy's Liquors, to briefly explain what happened. Mr. Barnes apologized to the council for the inconvenience that this violation may have caused and he thinks they have taken some pretty good precautions now that this will never happen again. He continued that as soon as he found out about the violation he was very upset and this is a family -owned business and his son-in-law is the manager of the business and he is very upset about this and as stated earlier his sister was in the hospital with a very serious heart problem and he was there filling out the papers and was distracted from his job at the moment this happened. He stated he hopes this never happens again and they have taken some precautions and have already posted big signs on the front door "customers have ID ready." He stated as the customers have been coming in now most of them have been coming in with their ID's in their hand. Councilman Cramer stated this is the first offense for this location and falls under Category I offense for the first violation with a five-year probation. Councilman Cramer made a motion to suspend the alcoholic beverage license for Leroy's Liquor - 2230 South Cobb Drive - for four days beginning September 26 and ending September 29, 1999 and placed the business on a five-year probation. Councilman Newcomb seconded the motion. Motion was approved 7-0. Councilman Newcomb thanked Captain Farmer for all the work his department did on this operation and stated there were several businesses that did not sell alcohol to minors. (F) Variance Request - 2615 Lynnhaven Lane - Lot 14 - Reduce Right Rear Setback from 7.5 Feet to 5.5 Feet Mr. Smith stated there are three of these variance requests in this particular subdivision. Mr. Scott Leonard stated there are actually five variances involved with the same developer. Mr. Smith stated the home was laid out wrong on this particular lot and there will be a number of these where they are just off by the way the home was constructed on the lot and the way they were platted. Mayor Bacon asked Mr. Leonard what other items on the agenda he was representing and he responded Items (F), (G), (H), (L) and (M). Mayor Bacon suggested Mr. Leonard review all these at one time. Mayor Bacon stated this is a public hearing and asked if anyone was present who has any in objection, concern or issue on Items F, G, H, L or M. There was no opposition. Mayor Bacon asked Mr. Leonard to briefly explain all the variance requests and then the issues would be voted on separately. Mr. Leonard stated that there is a very simple explanation as to how this happened but basically they were at a closing on Lot 6 (Item L) and someone noticed the bay window was over the line and asked if that was OK. Mr. Leonard stated when they checked that particular lot, they discovered it was over the lot and they have a matter of practice at MDC Homes that their engineers or surveyors on lots come out and do what is called a "box check" as soon as the foundation is done to make sure they have no violations, there is nothing overhanging the lines and they are OK before the go forward with the structure of the home. Mr. Leonard stated that these two neighborhoods - Sutherlin Park and Hidden Springs - both started very close to one another in home construction and unfortunately it was taken for granted by the associates at his company that these box checks were being performed. He stated when they discovered Lot 6 was over the line they realized the box checks were not happening as a matter of practice and that that had been taken for granted. He continued that they then checked every home that was under construction at both Hidden Springs and Sutherlin Park subdivisions and in doing that they discovered there were five homes that were over the line due to the box check process not having been completed. He stated when the builder approached him about it, he did not want to come before the city council at five different occasions and try to feed this through and determined he would prefer to handle all five at one time. He stated all of the encroachments are to either the front or the rear and not to the side which they do have 15-foot between buildings setbacks in both communities and this is not something they will be back before you again with. Councilman Hawkins asked for the record if this is a new subdivision and are new construction. Mr. Leonard responded that is correct - one home has been sold and that is the Item (L) on the agenda - one home has sold and they did close on it and on the application for the variance they did have the new owner aware of it. Mr. Hawkins stated he commended Mr. Leonard for doing his homework and coming in with all variances at one time. September 20, 1999 meeting - continued (G) Variance Request - 306 Berkeley Court - Lot 50 - Reduce Left Rear Building Setback from 7.5 Feet to 6.7 Feet See narrative above. Councilman Hawkins made a motion to approve the variance request at 306 Berkeley Court - Lot 50 - to reduce the left rear building setback from 7.5 feet to 6.7 feet. Councilman Scoggins seconded the motion. Motion was approved 7-0. (H) Variance Request - 207 Stratford Chase - Lot 8 - Reduce Left Rear Building Setback from 7.5 Feet to 7.0 Feet Councilman Hawkins made a motion to approve the variance request at 207 Stratford Chase - Lot 8 - to reduce the left rear building setback from 7.5 feet to 7.0 feet. Councilman Scoggins seconded the motion. Motion was approved 7-0. (1) Variance Request - 2445 Ventura Road - Reduce Land Requirement from I Acre to .55 Acres for Car Sales and Repair Mayor Bacon stated this is a public hearing and asked if anyone was present to address this issue. There was no one present to address the issue. Councilman Cramer stated the applicant has requested this item be withdrawn without prejudice. Councilman Cramer made a motion that the variance request at 2445 Ventura Road to reduce the land requirement from 1 acre to .55 acres for car sales and repair be tabled to the October 4,1999, meeting and stated the applicant could submit a request to have the item withdrawn without prejudice. Councilman Wood seconded the motion. Motion was approved 7-0. (J) Variance Request - 4710 Vineyard Court - Reduce Front Yard Setback from 20 Feet to 18.75 Feet Mayor Bacon stated the applicant has recently attempted to sell the home and the new owner wishes to have this variance. He further stated there was an encroachment when the home was built a number of years ago that the present owner was unaware of and she is now requesting this variance from 20 feet to 18.75 feet to satisfy the request of the potential new owner. 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 no opposition. Councilman Cramer asked the applicant, Mary Christian, to briefly explain what happened and why the variance is being requested. Ms. Christian stated she is the original owner of the property and she was told by the builder, second hand from her real estate agent, that the survey of the property originally indicated that it was only 11 inches over the line and that a variance was not required, however, when she put the house on the market the second survey that was done indicated it was 1.3 feet over and a variance would be required. Councilman Cramer stated Ken Lindsey, representing Chateau Walk, was present tonight and stated the homeowners' association has no objection to the variance. Councilman Cramer recognized Scott Dorman, current owner of the property. Councilman Cramer made a motion that the variance request at 4710 Vineyard Court to reduce the front yard setback from 20 feet to 18.75 feet be approved. Councilman Wood seconded the motion. Motion was approved 7-0. (K) Variance Request - 1677 Buckner Road - Reduce Required Parking From 529 Spaces to 436 Spaces with 73 Additional Spaces to be Provided within 3 Years Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request or who would like to make any public comment. There was no opposition. Councilman Wood recognized Chuck Johnston, Headmaster of Whitefield Academy, who introduced Mark Henderson of Carter and Associates and Barbara Crumm, school architect from metropolitan Atlanta. Mr. Henderson stated he wanted to clarify the variance they are requesting. He then stated they are asking for a reduction from the required amount of 529 parking spaces to a level of 436 spaces though on day one they will be providing 356 parking spots on the site with another 73 to be phased in over the next three years which will eventually get them up to the 436 number. Mr. Henderson stated the reason they are phasing them like that is that the previous owner of the property has the right to remain in his house for the next September 20, 1999 meeting - continued three years and the additional parking will be phased in once he has made the decision to either vacate or the three years have run up. Mr. Henderson stated the reasons they are asking for the variance are as with any new institution that is undertaking the size of the project that Whitefield Academy is they are very mindful of the dollars they are spending and do not want to put in the money where they could better use it to provide for facilities for the students. He continued that as such if they can meet the level of daily requirements with the level they are requesting on site, they would much rather put that money to a better use and provide some additional facilities for the students. Mr. Henderson stated the school is currently at 170 students and they anticipate being on the site with about 200 students and as they are planning Phase I the maximum students on site would be about 400 students and assuming that half of these drive it would put the need at 200 spaces for students and approximately 50 for faculty and staff and maybe 50 for visitors. The daily requirement would be about 300 maximum and on day one they are proposing 356 with an additional 73 to come on line within three years so they will be able to meet daily requirements. Mr. Henderson stated that as far as overflow parking, special event parking they feel that with the current site plan they will be able to meet that adequately as well but Lindley Middle School is right across the street and they feel certain that if the need did arise they could get some overflow parking at Lindley for sporting events or graduation and that sort of thing. Mr. Henderson stated they have developed this site sensitive such that the natural features are preserved and a natural buffer has been created between the campus and the surrounding residential neighborhood and the code requirements for parking would mean that the school would necessarily have to cut into some significant areas on the site and cut back the buffer area, lose a lot more site trees, do additional grading and also look into adding some impervious surface to the site that would potentially affect the flood plain in the area. Mr. Henderson presented the city with copies of Phase I and Phase 11 of the proposed site plan. Mr. Henderson concluded with the statement that they will be able to meet the daily requirements for their parking, will meet the overflow requirements and do not want to impact the areas discussed above. Councilman Wood asked about the number of classrooms versus the gym requirements. Mr. Henderson stated code requirements at 529 are based on 429 for the largest assembly area in the gymnasium and another 100 for the twenty classrooms so that is for the largest assembly area and the classrooms at 5 per classrooms and that gets you to the 529 and of course the same students will be using the gymnasium and the classrooms but not at the same time so they feel it is a little redundant to require the 100 on top of the 429 based on the largest assembly area and at the level they are proposing - the 436 - they will meet the 429 requirement for the largest assembly area. Mr. Wood asked Chief Building Official Robin Broyles if he was familiar with this and concurring with the request and Mr. Broyles responded yes. Councilman Wood made a motion that the variance request at 1677 Buckner Road to reduce the required parking from 529 spaces to 436 spaces with 73 additional spaces to be provided within 3 years be approved. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Councilman Cramer was away from the podium during the vote). (L) Variance Request - 1710 Hidden Springs Walk - Lot 6 - Reduce the Left Front Yard Setback from 20 Feet to 18.3 Feet Councilman Wood asked Mr. Leonard if Items (L) and (M) are similar to the above items (F), (G) and (H) and he responded they are. See narrative above. Councilman Wood stated he understood this home has been sold and the property owners are aware of the variance request. Mr. Leonard responded that was correct and the titleholders signed the variance application. Councilman Wood made a motion that the variance request at 1710 Hidden Springs Walk - Lot 6 - to reduce the left front yard setback from 20 feet to 18.3 feet. Councilman Cramer seconded the motion. Motion was approved 7-0. (M) Variance Request - 1801 Hidden Springs Walk - Lot 39 - Reduce Left Front Yard Setback from 20 Feet to 18.1 Feet See narrative above. Councilman Wood made a motion to approve the variance request at 1801 Hidden Springs Walk - Lot 39 - to reduce the left front yard setback from 20 feet to 18.1 feet be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (N) Rezoning Request - 486 Cooper Lake Road (4.21 Acres) - From R-20 to R-15 Mr. Smith stated Mr. Russ Barnett is proposing this rezoning from R-20 to R-15 and this land will be annexed into the city and combined with a 9-acre site to form a new subdivision. Mr. Smith stated this was heard by the Planning and Zoning Board on August 23, 1999, and it was pointed out that the homes will be a minimum of 2,000 square feet, 75 % brick, two-story and around $200,000 in price range and this was approved in a unanimous vote to recommend it to September 20, 1999 meeting - continued council by the Planning and Zoning Board. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the rezoning request. There was none. Councilman Wood stated what is being requested is the approval of this and it will not require any change in the Land Use as it does meet the criteria of the Low Density Residential and the minimum lot size will be 15,000 square feet and there is also a letter from the county stating they have no objections to this. Mr. Wood then asked Mr. Barnett to talk about what he is going to do and the price range, etc. Mr. Russell Barnett stated the property that is the subject of the rezoning tonight is 4.125 acres and since there are several tracts here (on the visual display) he will refer to the subject tract as the "chicken ranch" as it is currently being used as a chicken ranch. The 9.4 acre -tract indicated on the display is currently owned by his company and is planned for twenty-two lots and that was zoned R-15 approximately 5 years ago by another owner and they purchased the property from him. He continued their proposal is to enter that tract, bring an internal street in and connect it to the 4.125-acre tract that they are proposing to bring in. Mr. Barnett stated they feel the additional 4-acre tract will add approximately ten lots to the project and will meet all R-15 standards and they respectively request that the council approve it. A lady who was present asked about the definition of the R-15 zoning classification which was explained and several persons from the Stoneybrook Subdivision came forward to review the display. Mr. Barnett was asked if the property development would be exiting onto Cooper Lake Road and he responded it will enter and exit onto Civitania Road. Mr. Barnett stated the property they are purchasing will keep whatever requirements that go with the land when it was zoned five years ago. Councilman Wood asked Mr. Barnett if the stipulations that were recommended by the Planning and Zoning Board and listed them as follows were agreeable with him: I Will meet all the standards of R-15 zoning which specify a minimum lot size of 15,000 square feet. All setbacks will be in accordance with R-15 zoning - front, rear and side. 2. The subdivision will have a homeowners association that shall manage and maintain all common facilities within the project. 3. Any disturbance of jurisdictional wetlands shall have the appropriate corporation of Engineer review. 4. Erosion control shall be provided on the project in accordance with the City of Smyrna Standards. 5. All utilities will be underground. 6. Developer shall meet all applicable residential street standards of the City of Smyrna Fire Department. 7. There will be an Architectural Standards and Review Committee. 8. Subdivision will have a monument style entrance that is landscaped. 9. Minimum 2,000 square foot home and homes will be expected to start in the $200,000 range; two-story with approximately 50% of the homes will have basements depending on the topography of the land that permits that; homes will be a minimum of 2,000 square feet and will be 75 % brick, stone or stucco. A resident asked if there was any concern for safety on Civitania Road as it is such a narrow road. She then asked if there were any plans to widen Civitania Road and Mr. Wood responded that Civitania Road is not a city road and is a county -maintained road - Cobb County. Concerns were expressed about how many people would be using Civitania Road and Mr. Barnett responded he has a traffic study which has been completed and addresses all the safe concerns as far as ingress/egress out of the project entrance they are proposing and he indicated the study was done by Street Smart Engineering which he provided to the council. The question was asked if it would make more sense to have the ingress/egress off Cooper Lake Road and Mr. Barnett responded it would not and indicated at Street Smart the traffic engineers looked at the entrance off of Cooper Lake and due to the traffic speeds it does not make more sense. Mr. Barnett continued that the secondary, actually minor street, as Civitania is makes more sense. Mayor Bacon stated what is being heard from the residents is not so much a concern about the rezoning but where the ingress/egress for this development will be and they would prefer to have it on Cooper Lake and not Civitania Road. Mayor Bacon stated that he hoped before any plans are approved the City Engineer would look at that to make sure that it meets all the requirements and if it did not meet the requirements he would come back and tell the council. Councilman Wood made a motion that the rezoning request at 486 Cooper Lake Road (4.21 Acres) from R-20 to R-15 be approved with the following stipulations: September 20, 1999 meeting - continued I . Homes will be minimum of 2,000 square feet of heated space. 2. 75 % of the homes will be brick, stone or stucco. 3. Price range is expected to be $200,000 or more. 4. Plans for ingress/egress to the development must be approved by the City Engineer. 5. Subdivision will have a homeowners' association that will manage and maintain all common facilities within the project. 6. Any disturbance of jurisdictional wetlands shall have the appropriate approval of the Corps of Engineers and the City Engineer. 7. Erosion control shall be provided on the project in accordance with City of Smyrna standards. 8. All utilities shall be underground. 9. Developer shall meet all applicable residential street standards of the City of Smyrna Fire Department. 10. There will be an architectural standards committee for the development. 11. The subdivision will have a monument style entrance that is landscaped. Councilman Cramer seconded the motion. Motion was approved 7-0. (0) Alcoholic Beverage License Request - Spring Road Package Store - 1669 Spring Road - Retail Package Liquor, Beer and Wine Mr. Smith stated this is an owner/agent change and Ammie Delaine Long has requested to be the agent for this establishment. Mr. Smith stated Ms. Long has been given a copy of the Alcohol Beverage Ordinance and it has been reviewed with her by the city's business license officer and the Police Department investigation reveals nothing that would preclude the issuance of this license. Mayor Bacon asked Ms. Long to step forward. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was none. Councilman Scoggins asked Ms. Long if she is presently working at an alcoholic beverage establishment and she responded yes. Mr. Mitesh Tilva, the new owner, stated he also has a store at Akers Mill and Ms. Long has been working there full time but will be relocated to the Spring Road Package Store. Councilman Scoggins asked both Mr. Tilva and Ms. Long if they were aware of the ordinances of the city regarding alcoholic beverages and they responded yes. Mr. Scoggins stated this location - in the past - has been a problem location and seems to always be changing either agents or owners. Councilman Scoggins asked Mr. Tilva if he was planning to also operate the little restaurant at that location and he responded no. Councilman Scoggins asked Ms. Long to briefly explain what she plans to do in compliance with the city's ordinances. Ms. Long stated she will not sell to minors and Mr. Scoggins asked her if she had seen the show cause hearings earlier and understood the consequences of selling to minors. Ms. Long responded she did. Ms. Long stated she cards everyone who walks into the liquor store. Councilman Hawkins asked Ms. Long if she realized that if she was convicted in the city court, the first offense is a $300 fine and goes up if the violator is convicted and she, as the agent, could possibly be brought into city court and fined if a violation occurs. Ms. Long stated she understands that and accepts that responsibility. Mayor Bacon asked Mr. Tilva if there was any reason the license is not in his name and he responded he is not a U.S. citizen but he will be applying for his citizenship soon. Mr. Tilva stated in the future he hopes to have his wife become the agent for the establishment and keep the responsibility between he and his wife. Mayor Bacon reminded Mr. Tilva of the three show cause hearings this evening for the three establishments that violated the ordinance for selling to minors. Mr. Tilva stated he has been in the Akers Mill Liquor Store since 1992 and has personally been working from opening to closing almost and has done everything in accordance with the law and obeyed the law in every way and in his seven years has never been cited or had any problem. Mayor Bacon encouraged him to be sure his employees know that because it is generally the employees who does not do what they are supposed to do. Mr. Tilva stated he is going to be very careful and ID everyone who comes in and he does have an ID book at the other store and he has already applied for another one. Councilman Scoggins stated for the record that the results of the Police Department investigation failed to reveal information that would preclude the issuance of this license. Councilman Scoggins made a motion that the request for an agent/owner change at Spring Road Package - 1669 Spring Road - be approved. Councilman Newcomb seconded the motion. Motion was approved 7-0. September 20, 1999 meeting - continued (P) Alcoholic Beverage License Request - Restaurante La Acapulquena - 1000 Windy Hill Road - Retail Pouring - Beer and Wine Mr. Smith stated the applicant, Angela Onofre, is a resident of Smyrna and the investigation of the application indicates there is a problem. Mr. Smith continued that the City Engineer went out and resurveyed that property and found it does not meet the distance requirement and contacted the surveyor who agreed they had measured the distance incorrectly and it fails to meet the required test. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this alcoholic beverage license request. There was no opposition. Councilman Hawkins asked Ms. Onofre if this is the food court at the flea market and she responded that was correct. Mr. Hawkins stated Ms. Onofre submitted an application to the business license department and in processing the application was told that it did not meet the distance requirements and asked if that was correct. Ms. Onofre stated that was correct. Mr. Hawkins asked if she then chose to go forward and she responded yes. Ms. Onofre stated she decided to go forward with the application because most of the customers would like to have wine or beer with their food and she has a limit to serve. She stated she has worked as a waitress for thirteen years so she has experience and decided to put a sign to let them know the limit is only three beers and she will require identification and is familiar with the rules. Mr. Hawkins stated he understood that but if the council makes an exception to this ordinance regulation they would set a precedence for future ones and the problem with the application has nothing to do with her personally - it is the location and it is too close to the apartments that are right across the way. Mr. Hawkins stated the original survey showed that it was OK but just from a general knowledge of where that distance is, the business license people had some concerns and sent the City Engineer out to re -measure it and later her registered engineer did confirm that the City Engineer was correct and that he had made an error. Mr. Hawkins stated he hoped her engineer had refunded her money and she indicated he has not and she has not talked to him. Councilman Hawkins stated the location does not meet the distance requirements and the council can not approve it and there is actually nothing to debate on it. Mayor Bacon asked Ms. Onofre if she understood what the problem was and she responded she did. Mr. Hawkins assured Ms. Onofre that the application not being approved had nothing to do with her ability to run the operation and there is nothing in her background that showed she had ever been in any trouble in her life but the location of the business does not meet the distance requirements. Mr. Hawkins further explained that the distance requirements for a package store as opposed to a pouring license is different. City Engineer Ken Hildebrandt explained to Ms. Onofre that the plat submitted with the application indicated a distance of 301.2 feet from the establishment to the residential property line which would have been in compliance but upon his checking the distance he found it to be incorrect - that it was roughly 271 feet and the measurement of 301.2 feet was actually to the apartment building but the requirement is a minimum of 300 feet to the property line which it does not meet. Mayor Bacon stated he would hope that if the council feels that there is a refund for the application that it would be given to Ms. Onofre as she was given misinformation. Councilman Lnenicka stated he agrees with Mr. Hawkins given the testimony of the City Engineer that she paid for a survey that was inaccurate and suggested she asked to have her money refunded. Councilman Hawkins made a motion to deny the retail pouring license for Restaurante La Acapulquena - 1000 Windy Hill Road - and that she be given a full refund for the monies paid with her business license application. Councilman Scoggins seconded the motion. Motion to deny was approved 7-0. FORMAL BUSINESS: (A) Appointment to Parks Commission - Wards 5 & 6 Councilman Cramer made a motion that Ken Lindsey be appointed to serve the unexpired term as the Ward 5 representative on the Parks Commission. Councilman Lnenicka seconded the motion. Motion was approved 7-0. Councilman Lnenicka made a motion that Hal Choyce be appointed to serve another three-year term as the Ward 6 representative on the Parks Commission and indicated his current term expires September 30, 1999, but has expressed a desire to continue serving on the commission. Councilman Wood seconded the motion. Motion was approved 7-0. September 20, 1999 meeting - continued (B) Appointment to Downtown Development Authority Task Force - Ward 6 Councilman Lnenicka stated at the last meeting the members of the Downtown Development Authority were appointed and that included several folks being put on the authority for the first time, one of which was Eric Cash. Mr. Lnenicka stated Mr. Cash had served representing Ward 6 on the Downtown Development Task Force and his appointment to the DDA created a vacancy on the Task Force. Councilman Lnenicka made a motion to appoint Mr. Michael Anderson, Glenhurst Drive, to serve as the Ward 6 representative on the DDA Task Force. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Appointment to Housing Authority - Ward 5 Councilman Cramer made a motion to appoint Martha James as the Ward 5 representative on the Housing Authority. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid Award (Bid #99029) - Pavement Markings Councilman Hawkins stated the Public Works Committee bid out traffic markings for the street striping throughout the city. He stated the committee met and recommends the bid be awarded to the low bidder meeting specifications - Traffic Markings South. Councilman Hawkins made a motion that the bid for pavement markings be awarded to Traffic Markings South for a total cost of $5,778.32. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Bid Award (Bid #99030) - Demolition of Old Fire Station, Must Ministry, St. Jude Thrift Shop and Old Smyrna Museum Councilman Hawkins stated bids were solicited from thirteen vendors with four responses. Mr. Hawkins stated the Public Works Committee met and recommends the bid be awarded to the low bidder meeting specifications. Mr. Hawkins made a motion to award the bid for demolition of city buildings to Tri Star America for a total price of $57,000. Councilman Newcomb seconded the motion. Motion was approved 7-0. (C) Bid Award (Bid #99031) - Replacement and Upgrade of 314 L.F. of 30" Storm Drain Sewer Pipe on Woodvalley Drive Councilman Hawkins stated six vendors were solicited for this work and three responses were received. He further stated the Public Works Committee recommends the bid be awarded to the low bidder meeting specifications. Councilman Hawkins made a motion to award the bid for the replacement and upgrade of 314 linear feet of 30" storm drain sewer pipe on Woodvalley Drive to Ralph Ardito Ditching and Pipeline for a total cost of $47,919. Councilman Scoggins seconded the motion. Motion was approved 7-0. (D) Approval to Purchase 1999 Crown Victoria for Police Department Councilman Newcomb made a motion to approve the purchase of a 1999 Crown Victoria - off State contract - one 1999 Ford Crown Victoria from Southlake Ford for a total cost of $21,076. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of September 7, 1999, Minutes (B) Approval to Install "No Parking" Signs - Glenroy Drive (From 1999 Glenroy Drive to Spring Road Intersection) (C) Approval to Use Council Chambers - Wednesday, September 22, 1999 - 7 - 8 p.m. Police Test Briefing (Human Resources Department) (D) Approval to Install Stop Signs - Walker Street at Wright Street (3-Way Stop) September 20, 1999 meeting - continued (E) Approval to Grant Easement to Atlanta Gas Light Company (Five -Foot Permanent Easement and Ten -Foot Temporary Construction Easement Along Atlanta Road at Entrance to Public Works Facility (F) Approval to Request Bids - Two Ford Trucks - One (1) F150 and One (1) F150 Supercab for Parks Department (G) Approval to Request Bids - Replacement Dump Truck - Public Works Department (H) Approval to Block Ridgecrest Road, October 9' - From 2 - 5 p.m. for Block Party *(I) Approval to use the Council Chambers on Sunday, September 26, 1999 - From 2:30 - 5:00 p.m. for a Ward 6 meeting with the Ivy Glen Homeowners Association Councilman Lnenicka made a motion to suspend the rules for the purpose of adding an item to the Consent Agenda. Councilman Cramer seconded the motion. Motion was approved 7-0. *Councilman Lnenicka made a motion to add as Item (1) - Approval to use the Council Chambers on Sunday, September 26, 1999 - From 2:30 - 5:00 p.m. for a Ward 6 meeting with the Ivy Glen Homeowners Association. Councilman Cramer seconded the motion. Motion was approved 7-0. Councilman'Lnenicka made a motion to approve the revised Consent Agenda - Items A - 1. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood asked Human Resources Director Chris Corey for a report. Mr. Corey announced the current job openings. Councilman Lnenicka stated there is no report from the Finance Department this evening. Councilman Lnenicka stated there will be a meeting this Sunday at 3:00 p.m. with the Ivy Glen Homeowners' Association. Mr. Lnenicka stated he will attend the meeting as well as representatives of the Sofran Group to talk about the Publix Shopping Center that is being constructed on the East/West Connector and South Cobb Drive and to make sure that the city has addressed any concerns of those homeowners relative to the construction on the project. Mr. Lnenicka stated that this is actually a homeowners group outside the city but they have asked to meet with the city. Councilman Lnenicka stated the Friendship Force was in Smyrna this past Thursday, September 16, and there was a delegation of 13 Russian officials, elected and staff employees of local government and the national government. He stated they came to see how local government works in the United States and to see how democracy works. Mr. Lnenicka stated the Russians were very impressed with the city and stated as they were leaving that this was the best day they had spent in the United States in terms of actually seeing how things worked and very much appreciated the briefings they got from our city employees and seeing what the city had done. Mr. Lnenicka stated the Friendship Force staffers were also very impressed with the City of Smyrna. Councilman Lnenicka stated the Veterans Memorial Committee has had the opportunity in the last month to correct the records at the Georgia State level on two veterans of Smyrna and Cobb County that were listed in State records as being elsewhere - Glen Duncan was listed as being from Gwinnett County but is actually from Smyrna; Herbert Adams was listed as being from Douglasville and again is actually from Cobb County. Councilman Lnenicka wished Representative Randy Sauder a happy second anniversary and he also thanked the voters of Ward 6 for allowing him to serve another term on this city council. Councilman Cramer stated Councilman Lnenicka has worked hard on the Veterans' Memorial and correcting the records. Councilman Cramer announced to the residents of Turner Drive that he does have their petition. Councilman Cramer congratulated Ryland Homes at Ennisbrook for those homes selling from the $210,000' to the $280,000's. Councilman Hawkins asked Ann Kirk for a report from the Keep Smyrna Beautiful Department. Ms. Kirk stated the jonquils will be shipped to the Smyrna Recycling Center on October I and will be $10 for a bag of 50. Ms. Kirk announced there will be a river clean up on October 9 and volunteers are needed for that and encouraged anyone interested to call her. Councilman Hawkins commended Ann Kirk for her research pertaining to waste deposits by domestic animals. Councilman Hawkins announced that as a result of the research done by Ms. Kirk it was also discovered that if anyone illegally dumped garbage in a business dumpster, the city administrator is authorized to pay a $50 reward to any person - except a city employee - for information leading to the conviction of any person violating the provisions of that section. September 20, 1999 meeting - continued Councilman Cramer stated that persons illegally placing rubbish near subdivision dumpsters could also be convicted. Ms. Capilouto asked Ms. Kirk about whether or not the brochure published six or seven years ago addressed the issue of domestic animal deposits on private property and Ms. Kirk stated she was not sure but felt it actually dealt more with the leash laws and proper care of pets, etc. Councilman Hawkins asked Robin Broyles for a report from the Community Development Department. Mr. Broyles reported on the permit numbers for August as follows: estimated construction costs last year - $63,439,885 and this year so far the figure is $111,317,997; permit costs last year - $234,985 and year to date so far the figure is $372,869. Councilman Hawkins commended Robin and his staff for the work they do. Councilman Hawkins stated there is no report this evening from Public Works Director Scott Stokes or City Engineer Ken Hildebrandt. Councilman Hawkins thanked the voters from Ward 4 for having confidence enough to return him for the next four years and stated he wanted another term in order to see the retail development finished. Councilman Scoggins asked Community Relations Director Maryclaire Andres for a report. Councilman Scoggins commended Ms. Andres for the recent "Taste of Smyrna" event. Ms. Andres stated there were approximately 15,000 - 18,000 people at the event; 28 restaurants; two live concerts; pie -eating contest. Ms. Andres announced the Fall Jonquil Festival will be October 23 and 24 - Saturday from 10:00 a.m. - 6:00 p.m. and Sunday from 12:00 Noon to 6:00 p.m. Ms. Andres encouraged any interested vendors to contact Todd Miller at 770-423- 1330 or if citizens just want information they should call the Community Center. Ms. Andres thanked the city for the past three years and stated it has been a wonderful experience working for the city. Mayor Bacon thanked Ms. Andres for all she has done and wished her good luck. Councilman Scoggins asked Parks Department representative Doug Cook for a report. Mr. Cook reported the Halloween Carnival will be held outside this year on the Village Green. Mr. Cook provided an update on the Cobb Center Park and stated they are probably close to 90% complete on everything there and by mid -October the first phase should be done and work is currently being done on the walking trail around the park. Councilman Scoggins asked Library Director Michael Seigler for a report. Mr. Seigler reported that the American Library Association and the National Public Radio Network got together and came up with what they hope is the largest book discussion group in history. He stated at 6:00 p.m. every Sunday beginning October 3, they will be doing a program called American Story Lines and it's going to be thirteen consecutive weeks of southern books and the Smyrna Library copies of all the books so anyone wanting to participate could come to the Library and check them out. Councilman Newcomb stated there is no report from the Police, Fire or Court Services Departments. Mr. Newcomb stated on the consent agenda this evening was the approval of "No Parking" signs in the curve on Glenroy and he has talked to the homeowners that will be affected there and he will continue to work with Mr. Hildebrandt to try to find some other alternatives in that curve. Mr. Newcomb stated the council also awarded the bid tonight for pavement markings and that includes the markings on Campbell Road between the bridge and Spring Road that just got left off last time that section of Campbell got paved. Mr. Newcomb stated the Spring Road median landscaping started today. Councilwoman Capilouto asked Mr. Stokes about the status of the sewer line on Bell Drive. Mr. Stokes responded the city lacks two easements in that area - Chateaux DeVille and a resident who is a missionary and is out of the country. Mr. Stokes stated that particular resident has been notified by the easement acquisition person. Ms. Capilouto asked if the city had to wait on those two signatures and he responded he can not tie Woodland Terrace to Bell Drive on that end but they are going to try to prepare and go ahead and do the street cuts and do those tie-ins. Ms. Capilouto asked if the lines would go down the middle of the street and not on the residents' property and he responded that was correct. Mr. Stokes stated he anticipates the contractor should begin work in this area on Thursday starting the water system. Mayor Bacon stated he is very honored not to have any opposition in this year's election and expressed his appreciation for the fact that the citizens have elected him for a number of terms as Mayor and also as city council. He stated he has always considered this the citizen's post September 20, 1999 meeting - continued and when they get ready to have someone new in it, then they will let him know - sort of like term limits. ADJOURNMENT With no ftirther business, the meeting adjourned at 10:04 p.m. Vl�% F 9- F A. MAX BACON, MAYOR MELIN15-A DAMEIJUN,'CITY CLERK CHARLENE( CRAMER, WARD 5 CdHARLkESPETE WOOD, WARD 7 RON NEWCOMB, WARD 2 J0. ES M. HAWKINS, WARD 4