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12-06-1999 Regular MeetingDecember 6. 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 and representatives of the press. Invocation was given by Councilman Wood, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized School Board Representative Curt Johnston. Mr. Johnston introduced Mr. Don McCook, Assistant Principal of Griffin Middle School. Mr. McCook stated the Character Education presentation will be made by the following students: Ambris Sanghvi, Wesley Brown, Maranie Brown, Michael Hernandez, Brandy Gardner, Assistant Principal Don McCook. Mayor Bacon presented the students with a gift bag. Mayor Bacon recognized Carl Joyner of Smyrna West Soccer. Mr. Joyner introduced the Smyrna West Soccer team, presented the city with a plaque and Mayor Bacon with a jersey. Mayor Bacon recognized Ann Kirk who presented Image Enhancement Awards to Gordy Tire and Cumberland Run Apartment complex. Mayor Bacon recognized State Representative Randy Sauder who stated he was proud of the recent activities of the Smyrna Cemetery Association and in particular their efforts to locate unmarked graves in the Smyrna Memorial Cemetery. Mr. Sauder stated he is having a fund raising event this Thursday evening at Howard's Deli. Mayor Bacon recognized Matt Rogers, 4149 Gilmore Road, who expressed his concerns with the development and the tree removal along Atlanta Road and asked the council to consider that during the rezoning and annexation hearings for Atlanta Road/Ridge Road this evening. PUBLIC HEARINGS: (A) Abandonment and Conveyance of a Portion of South Argo Road (30-Foot Right of Way) - Land Lot 607, 17' District, 2nd Section, Cobb County, Georgia (0.21 acres) and a Portion of Argo Road (30-Foot Right of Way), Land Lot 617, 17' District, 2nd Section, Cobb County, Georgia (1.55 acres) Mr. Smith stated Glen Devon Development has requested these rights of way to be abandoned and deeded to the adjacent property owners and then it will be incorporated into the Woodland Gate subdivision. Mr. Smith stated approval to advertise this abandonment and conveyance was granted at the October 18 council meeting and advertised November 25 and December 2, 1999. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to make any public comment. Mayor Bacon recognized Reverend Tommy Mitchell, pastor of Tabernacle Bible Baptist Church. Reverend Mitchell stated their church is located at the dead end point of South Argo Road and expressed their concerns about access to their church being blocked if this road is closed and the property is abandoned and conveyed. Councilman Wood stated Reverend Mitchell had called him and it was verified that the signs were posted in the incorrect location at first and access to the church will not be blocked nor will access to the property owners in that area be blocked. Councilman Wood continued that this property deadends into a development there now and it is the city's standard practice that if there is not useful use or intent of the property if the property is abandoned it goes to the adjacent property owners and in this case it is the same property owner. Councilman Wood made a motion to approve the abandonment and conveyance of a certain portion of Argo Road - a 30-foot right of way containing 0.21 acres and a certain portion of South Argo Road - a 30- foot right of way containing 1.55 acres to Glen Devon Development. Councilman Cramer seconded the motion. Motion was approved 7-0. December 6, 1999 meeting - continued (B) Rezoning Request - Atlanta Road at Ridge Road (17.2927 Acres), Land Lots 669, 699 and 700, 17' District, 2' Section, Cobb County, Georgia (Pulte Homes) From R-20 to RAD-Conditional; Land Use Change From Low Density Residential to Medium Density Residential Mr. Smith stated Pulte Home Corporation is requesting this rezoning to develop a single-family subdivision along part of Atlanta Road on a little more than 17 acres. Mr. Smith stated there are proposed to be 67 lots in the subdivision which is somewhat less than four units/acre and will require a land use change from low density residential to medium density residential. Mr. Smith stated this item was heard and passed by the Planning and Zoning Board on November 22, 1999, and was recommended for support to the Mayor and Council with a number of stipulations. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to address this issue. Several persons were administered the oath by City Attorney Chuck Camp. Councilman Lnenicka recognized Mr. Jim Leiferman, Pulte Home Corporation, and asked him to briefly explain his project. Mr. Leiferman stated the proposed site is approximately 17.3 acres on Atlanta Road just off the intersection of Ridge Road. He then gave an overview of the surrounding parcels and their current zonings within the city and county. Mr. Leiferman stated they plan to build 67 homes, a swim and cabana amenity on the site, and are in negotiations with the owner of the Wehner property (outparcel) and to date have been unable to reach an agreement with respect to terms for negotiating on the acquisition of that parcel. Mr. Leiferman presented a visual representation of the type brick wall and entrance feature they are planning for the subdivision. Mr. Leiferman stated they have discussed and agreed to a six-foot high brick -column, brick wall along Atlanta Road, planting requirements and at the entrance they will present to the city, for approval, a set of landscape plans approved by a licensed, landscape architect in the State of Georgia. Mr. Leiferman stated within the development, they plan to build 67 homes with a minimum square footage of 2400 square feet, three -sides brick, stone, masonry or architectural shake facade veneer on the home sites. He stated the homes they anticipate building will be 2,400 to approximately to 3,000 - 3,200 square feet in size and pricing will start in the low $300,000's; heavily landscaped and each of the home sites has a specifically designed landscape package as designed by a landscape architect; they have agreed to two 4" caliper trees of a nature designated by an arborist engaged by the city and two 2" caliper trees on the home sites again of the type and nature agreed to with the city arborist and any substitutions would be approved by the city. Mr. Leiferman stated there will be some mass grading on the site and will cause a majority of the trees to be removed from the site and continued they have agreed to the plantings - two 4" caliper trees and two 2" caliper trees - as well as their planting along Atlanta Road and the planting on the amenity package will provide a fairly quick jump-start to re -vegetating the site. Mr. Leiferman stated all the plans will be in accordance with the City of Smyrna's Tree and Replanting Ordinance currently on the books of the city today. Mr. Leiferman stated he feels the brick wall and plantings along Atlanta Road will be very attractive. Mayor Bacon stated this project could actually be done in the County without coming to the City of Smyrna and Mr. Leiferman stated they could actually achieve a higher yield of homes if they built the project in the County but they like doing business in the city. Councilman Cramer asked Mr. Leiferman about the possibility of stipulating that the homes facing Atlanta Road would be four-sided brick. Mr. Leiferman stated they will agree to a stipulation that those homes that back to Atlanta Road would have four sides brick and there are only two that will actually align parallel with Atlanta Road and the other one is at somewhat of an angle. Councilman Scoggins and Mayor Bacon expressed the city's concerns about tree preservation and Mr. Leiferman stated he feels they can go to a 20-foot tree save along Atlanta Road and Councilman Lnenicka has agreed to work with them as they sight the fence so they can do a good balance of where the fence actually lies and what trees they can save. Councilman Lnenicka stated at the Planning and Zoning Board meeting the question was asked about the possibility of looking at an R-15 zoning on the site and asked Mr. Leiferman his response to that request. Mr. Leiferman stated it was not economically feasible to build the project based on the price of the land and the yield of approximately 30 homes on the property. Councilman Lnenicka then asked about building the project with an RA5 Zoning and Mr. Leiferman responded that plan would yield 73 home sites on the property and they have agreed to come into the city with 67 proposed homes for the site. Councilman Lnenicka read and reviewed the stipulations Mr. Leiferman has agreed to for the rezoning. December 6, 1999 meeting - continued ZONING STIPULATIONS ATLANTA ROAD DEVELOPMENT 1. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development. 2. Adequate storm water detention shall be provided, such that the developer creates a 10% reduction in a 100-year storm event. All plans must be approved by the City Engineer. 3. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes within the development. Retention ponds will be built to hold at least 110 % of normal code required capacity subject to approval by the City Engineer. 4. All utilities within the development will be underground. 5. The developer will comply with the City's current tree ordinance and preserve as many of .the existing trees as possible. 6. The protective covenants will require all non-resident property owners to keep the Homeowners Association advised of the current address and phone numbers where they can be reached. 7. There shall be a landscaped front entrance, with monument, indicating the name of the development. Deceleration lanes shall be provided at the entrance as required by the City Engineer. 8. All homes will have a two (2) car garage, with doors. Minimum 2400 square feet. 9. A combination of fencing and landscaping will be installed on Atlanta Road frontage to buffer the development and provide privacy. The depth of landscaping along the entire Atlanta Road frontage shall be a minimum of 20 feet. 10. No debris may be buried on any lot or common area. 11. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. 12. The protective covenants will require that all yards be sodded and landscaped. Disturbed areas will be grassed, sodded or replanted, common areas will be grassed, sodded or landscaped, and irrigated as appropriate. 13. The homes will have a minimum of three (3) sides brick, stucco, architectural shakes or stone. 14. All landscape plans must be prepared, stamped and signed by a Georgia Registered Landscape Architect for common areas and entrances. 15. Minimum building setbacks for the single family homes shall be as follows: (a) Front: 20 feet from back of curb, 8 feet from right -of way. (b) Rear: 20 feet (c) Side: 5 feet, with a minimum of 15 feet between buildings. Up to 40% of the homes may have a minimum of 10 feet between buildings if the homes on both sides have sprinkler systems installed or have the facing walls, roof, etc., built as per NFPA Standards and are approved by the Fire Chief. 16. Hardwood tree replacement with two (2) trees per lot, 4 inches in diameter (4" caliper), and two (2) to be 2 inches in caliper. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if first approved by the City. 17. Developer to build a 6' masonry wall along Atlanta Road. 18. A six-foot wooden fence will be erected around perimeter of property not on Atlanta Road. The perimeter of the property surrounding the Wehner residence will have a wood fence of 6 feet to 8 feet in height that may vary within this range, as agreed to by the developer and the Wehners. 19. All streets will be public, with a sidewalk on at least one side. 20. Developer will build 67 homes on the approximate 17.3 acres. 21. The developer will install, if practical, a sewer line with easement to the property line with the Wehners so that the Wehners may connect onto sewer if they wish to do so. The cost to install this sewer line shall be borne by the Wehners or successors. The decision to do or not do this must be made no later than March 31, 2000. 22. Homes adjacent to Atlanta Road will be four-sided brick, stucco, stone or architectural shakes. Mr. Leiferman agreed to the above stipulations. Councilman Wood asked Mr. Leiferman about the fence and the buffer along Atlanta Road. Mr. Leiferman responded the combination of fencing and landscaping where there is immediate exposure to Atlanta Road would be the six- foot masonry wall (brick); where it jogs behind the Wehner property, they will transition that to a wood fence and they have agreed to heights ranging from six to eight feet and where it transitions back down to Atlanta Road it would again turn to brick or masonry. Mr. Wood December 6, 1999 meeting - continued asked about the landscaping along the entire Atlanta Road frontage being a minimum of 20 feet. Mr. Leiferman stated, as he understands it, they would start with the right of way and there would be sod, sidewalk, sod and then some planting beds that would have not only the shrubbery but trees, wall and then behind that they generally provide a backdrop of landscaping to accentuate the wall. Mayor Bacon asked Kirk and Ingrid Whittington, the city's arborists, to come forward. Mr. Whittington stated they review plans that are submitted by developers and determine their compliance with the city's tree ordinance and have, in fact, forwarded some recommendations for ordinance revisions to the city's ordinance. Mr. Whittington stated he agrees a great deal with what Mr. Leiferman has offered this evening and the large trees on these properties are rarely going to survive. Mr. Whittington stated if you have any intrusion into the critical root zone, based on the amount of intrusion, that determines how much the tree will decline. Mr. Whittington stated in this project, they are looking at trees of similar longevity as to what is currently on the site and most of the on -site trees are oak species - water oaks, red oaks - and you also have to look at what is available in the market. Mr. Whittington recommended the Nuttall Oaks and elm trees. He also stated they chose the Zelkova trees because they are well know for their urban tolerance. Mr. Whittington stated they have not actually seen the plans for this development but they have seen the site. Mr. Lnenicka expressed his appreciation to the Whittington's and stated the city is looking forward to working with them. Mr. Whittington stated this plan, based on the density and the constraints of the site, he does not see a high probability for very many of those trees surviving. Ms. Whittington stated that based on the 20-foot distance from the curb to the front door, there is nothing in the front yards that could be saved and about 10-feet between the properties and very little space in the back yard makes it difficult to save the trees. Mr. Whittington stated a four - inch caliper tree is going to be sixteen feet tall on an average and eight to 10 feet wide and is a sizeable tree. Mayor Bacon recognized Bob Swanson, 2793 Spring Drive, who expressed his concerns over the mass grading of the area for development and the removal of all the trees and further stated he would like to see the property remain as it is. Mayor Bacon recognized Matt Rogers, 4149 Gilmore Road, who expressed his concerns of being highly impacted with all the development that is going on in the area and the effects on the wildlife. Mayor Bacon recognized Tom Laccetti, Creatwood Subdivision resident, who expressed his concerns about the removal of the trees, number of homes planned for the development, and traffic concerns. Mayor Bacon recognized Gary Wehner who expressed his concerns about headlights shining in their windows and stated he hoped the placement of shrubbery and back-up trees would take care of that; concerns about the light color of all the homes in the Heritage at Vinings and asked that some thought be given to the house colors for the back of the homes which will be facing Creatwood Trail; construction sequence in the development. Councilman Lnenicka discussed the traffic concerns at Atlanta Road/Ridge Road and the intersection of Atlanta Road/Paces Ferry Road (county intersection) and possible improvements to those intersections. Mr. Lnenicka stated there is a 14-acre tract adjacent to this property that is possibly going to be annexed into the city. Councilman Lnenicka then noted that any proposal brought to the city by the owners of the McKay property, if it is annexed into the city, they have indicated a willingness to provide some property for those turn lanes to be installed. Councilman Lnenicka stated the traffic concern areas that have been talked about the most are not adjacent to this property, not part of the property, but the city is looking at these issues and trying to work with the county to resolve them. Mr. Lnenicka stated he and Mr. Leiferman have talked about if the property next door is developed, how would that work and those property owners have come to him and asked that whatever zoning Mr. Leiferman's property receives, they would like that same zoning. Mr. Lnenicka stated some discussion has taken place about the possibility of the two developments working together, sharing the amenity package, site location or costing or traffic issues and asked Mr. Leiferman to discuss his thoughts on those issues. Mr. Leiferman stated he knows very little or nothing about the proposed development adjacent to his site and was just contacted by those folks today. Mr. Leiferman stated they would have a concern about sharing a park community entrance and the infrastructure they put in place as well as the amenity package without some compensation. He stated he has talked with Councilman Lnenicka about the fact that they would have discussions with these guys and if they could work out something reasonable that would be entertained. He continued that as of tonight he knows nothing of the development, the developer and it is of some significant assets, some significant dollars they are looking at investing in the perimeter improvements being the brick wall, the entrance feature and amenity as well as to provide them access to that parcel they would have to reconfigure their site and would lose several lots in that process. Mayor Bacon asked Mr. Leiferman in relation to Stipulation 5 above that they really look at that and work with the arborists to save as many trees as possible. ter. December 6, 1999 meeting - continued Councilman Lnenicka made a motion to approve the rezoning request on Atlanta Road at Ridge Road (17.2927 acres), Land Lots 669, 699 and 700,17' district, 2nd Section, Cobb County, Georgia for Pulte Homes from R-20 to RAD-Conditional with the above listed 22 stipulations. Councilman Hawkins seconded the motion. Motion was approved 7-0. Councilman Lnenicka made a motion to approve the Land Use Change for the property on Atlanta Road at Ridge Road (17.2927 acres), Land Lots 669, 699 and 700, 17' District, 2' Section, Cobb County, Georgia from Low Density Residential to Medium Density Residential. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Annexation Request - Atlanta Road at Ridge Road, Land Lots 669, 699 and 700, 17' District, 2' Section, Cobb County, Georgia (18.30 Acres) Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to comment on this issue. There was no comment. Councilman Lnenicka made a motion to approve the annexation of the property on Atlanta Road at Ridge Road, Land Lots 669, 699 and 700, 17' District, 2' Section, Cobb County, Georgia (18.30.acres) and including the Wehner property to become a part of Ward 6•with an x effective date of January 1, 2000. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Variance Request - 1335 Cliffwood Drive - Reduce Front Yard Setback from 40 Feet to 28 Feet Mr. Smith stated the applicant, Fred Jackson, is requesting this variance in order to enlarge a carport. Mr. Smith stated the applicants are handicapped and needed this space to gain easier access to their home. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of the variance request or would like to comment on the issue. There was no opposition and no comments. Councilman Hawkins asked Mr. Alan Jackson, son of the applicant, to describe the need for the variance. Mr. Jackson stated they wish to enlarge the carport in order to allow his parents to enter and exit a vehicle while under a covered carport and stated he will also have to build a ramp for them. Mr. Jackson stated his parents are in wheelchairs now. Mr. Hawkins stated the property is at the corner of Cliffwood and Hayes and there is currently a 40-foot setback on both streets and actually only one corner of the carport will encroach on the 40-foot building line. Mr. Jackson stated he has talked to the one neighbor who is adjacent and they have no objection to the carport and have signed the petition. Mr. Hawkins stated the hardship for this request is that both parents are in wheelchairs and this will allow them to get into and out of their vehicles while being under a covered area. Councilman Hawkins made a motion to approve the variance request at 1335 Cliffwood Drive to reduce the front yard setback from 40 feet to 28 feet. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (E) Variance Request - Northwest Intersection of Atlanta Road and Windy Hill Road - Reduce Rear Yard Setback from 50 Feet to 40 Feet Mr. Smith stated the applicant is requesting this variance in order to expand the size of a business called Muffler King and believe it will make the location safer. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Hawkins asked the applicant, Mr. Shawn Khademi, to explain what he wants to build on the property and why the variance is necessary. Mr. Khademi stated the owners of the church adjacent to this property are not opposed to the variance. Mr. Khademi stated they are proposing to build a facility similar to the Gordy Tire structure on Windy Hill Road and due to the size of the property are requesting the depth of their building to be increased from 38 to 40 on an additional 10 feet to provide a safer working environment for their staff and customers. Mr. Hawkins asked Mr. Khademi if he read and understands the overlay districts for the Windy Hill Road corridor and he replied yes. Mr. Hawkins asked Mr. Khademi if he was willing to abide by all the landscaping requirements and he responded yes and stated he is also willing to abide by the signage requirements. Mr. Hawkins stated the only variance requested and needed December 6, 1999 meeting - continued is the reduction of the rear yard setback. Mr. Khademi stated he had talked with Community Development Director Robin Broyles concerning the driveway for this establishment and Mr. Broyles had told him the driveway would have to be right in/right out which is acceptable to him. Mr. Hawkins asked if they discussed the acreage of the lot and asked about the size of the property. Mr. Khademi stated the lot is a half -acre plus, 149' x 141'. Mr. Hawkins stated according to the current requirements of General Commercial, the lot size has to be one acre. Mayor Bacon asked if there was any discussion about the lot requirement of being one acre as opposed to one-half acre and Mr. Khademi stated there was not. Mr. Hawkins stated the size of the property might be grandfathered under the ordinance and is an issue which needs to be investigated. Mr. Hawkins asked Mr. Khademi the dimensions of the proposed building and he responded 93' x 53'. Mr. Hawkins asked Mr. Khademi if there is any way to build the building without a variance to the rear yard setback. Mr. Khademi stated it would be difficult but it is possible. Mr. Khademi stated ingress/egress would be right in/right out on Windy Hill Road only at the furthest point from the traffic signal. Mr. Hawkins stated there are several questions about the property that can not be addressed this evening - use of property and curb cut on Windy Hill Road - and suggested the item be tabled to the next meeting. Councilman Hawkins made a motion to table the variance request at the northwest intersection of Atlanta Road and Windy Hill Road to reduce the rear yard setback from 50 feet to 40 feet to the December 20, 1999, meeting. Councilman Scoggins seconded the motion. Motion to table was approved 7-0. (F) Alcoholic Beverage License Request - Olive Garden Italian Restaurant - 2467 Cobb Parkway (Agent Change Only) - Pouring License (Liquor, Beer and Wine) Mr. Smith stated this is an agent change only and Mr. Rick Depasquale has requested to be made the agent for this establishment and has been given a copy of the Alcoholic Beverage Ordinance and it has been reviewed with him by the Business License Officer. Mr. Smith stated the Police Department investigation revealed nothing that would preclude the issuance of this license to Mr. Depasquale. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to this request. There was none. Councilwoman Capilouto asked Mr. Depasquale if he is the manager for the Olive Garden and he replied he is the Beverage Assistant and is at the location on a full-time basis. Ms. Capilouto asked Mr. Depasquale if he has held a license before and he responded he has not. Ms. Capilouto asked Mr. Depasquale if he had received a copy of the alcoholic beverage book and he responded they had. Councilwoman Capilouto stated the Police Department investigation revealed nothing that would preclude the issuance of the license to Mr. Depasquale. Ms. Capilouto made a motion to approve Mr. Rick Depasquale as the agent for the alcoholic beverage license for the Olive Garden Italian Restaurant # 1136 at 2467 Cobb Parkway. Councilman Newcomb seconded the motion. Motion was approved 7-0. (G) Alcoholic Beverage License Request - Scalini's Italian Restaurant - 2390 Cobb Parkway (Agent Change Only) - Pouring License (Liquor, Beer and Wine) Mr. Smith stated this is for an agent change only and Mr. Ronald L. Bogino will be the agent for this establishment and the Police Department investigation revealed nothing that would preclude the issuance of this license to him. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this request. There was none. Councilwoman Capilouto asked Mr. Bogino if the reason the application was not in his name was because he did not live in Cobb County. Mr. Bogino stated that was correct but they had a license there for twenty years but originally the agent had to be a resident of Cobb County but that has now changed. Councilwoman Capilouto stated for the record that the Police Department investigation revealed nothing that would preclude the issuance of the license to Mr. Bogino. Councilwoman Capilouto made a motion to approve Mr. Ronald L. Bogino as the agent for the alcoholic beverage license for Scalini's Italian Restaurant at 2390 Cobb Parkway. Councilman Newcomb seconded the motion. Motion was approved 7-0. December 6, 1999 meeting - continued FORMAL BUSINESS: (A) Appointment of Planning and Zoning Board Members - Mayor's Appointee, Wards 2, 3 & 5 Mayor Bacon stated he recommended Hubert Black to serve as his appointee and Chairman on the Planning and Zoning Board. Councilman Hawkins made a motion that Hubert Black be approved as the Mayors appointee and Chairman of the Planning and Zoning Board with the expiration of his term being 12/31/01. Councilman Wood seconded the motion. Motion was approved 7-0. Councilman Newcomb made a motion to approve Andrea Blustein as the Ward 2 representative on the Planning and Zoning Board with the expiration of her term being 12/31/01. Councilman Hawkins seconded the motion. Motion was approved 7-0. Councilman Scoggins made a motion to approve R. J. McCurry as the Ward 3 representative on the Planning and Zoning Board with the expiration of his term being 12/31/01. Councilman Wood seconded the motion. Motion was approved 7-0. Councilman Cramer made a motion to table the Ward 5 appointee to the Planning and Zoning Board to the December 20, 1999, meeting. Councilman Newcomb seconded the motion. ., Motion to table was approved 7-0. (B) Appointment to Smyrna Housing Authority Councilman Hawkins stated that due to recent changes in Georgia Law the city will be expanding its Housing Authority. Councilman Hawkins made a motion to appoint Mr. Jim Rudolph, Walton Park resident, to serve on the Smyrna Housing Authority with his term beginning January 2000 with the stipulation that this council adopt a resolution at the next meeting creating an additional seat on the Housing Authority. Councilman Lnenicka seconded the motion. Motion was approved 7-0. ;, (C) Ordinance Amendment - Prohibiting Slaughter of Animals Mr. Smith stated several citizens have raised an issue about this and read the proposed code section as follows: 14.7 Slaughter of Animals No killing or dressing of animals for human or animal consumption shall be permitted in any areas zoned for residential use. Councilman Hawkins stated it is not appropriate for persons to field dress animals in any residential area in the city. Councilman Hawkins made a motion to approve an ordinance amendment (as read) to be titled Section 14.7 - Slaughter of Animals. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Approval of Wastewater Rate Increase Mr. Smith stated the city has been notified by the Cobb County Water System of a 6% rate increase for wastewater beginning January 1, 2000. Councilman Lnenicka stated the Finance and Administration Committee discussed and reviewed this issue and recommend that this increase be passed through. Mr. Lnenicka stated the county treats the city's sewage and the city has no alternative. Councilman Lnenicka made a motion to approve the 6% price increase to city of Smyrna customers on wastewater effective January 1, 2000. Councilman Hawkins seconded the motion. Councilman Scoggins stated he would not support the motion as he is opposed to any rate increase that has to be passed on to the City of Smyrna's citizens. Motion was approved 6-1 with Councilman Scoggins opposed. (E) Approval to Authorize Mayor to Execute Letter of Intent with Coro Realty Advisors, LLC, for Downtown Redevelopment Mr. Smith stated the city has been working on this project since the first of the year and now have narrowed it down to two potential developers for the downtown area. Mr. Smith stated December 6, 1999 meeting - continued Coro Realty Advisors, LLC, is one of the two developers and a letter of intent to proceed with the contract has been worked out. Mr. Smith stated with the execution of this agreement and if the motion includes it, the city will begin the execution through our attorneys the drafting of a contract for the mayor and council approval. Councilman Lnenicka stated the letter from Coro Realty Advisors, LLC, says, in part "this cover letter and the attachments will form the basis for a purchase agreement to be drafted by council to the city's Downtown Development Authority and Coro Realty." Mr. Lnenicka stated this does formalize the city's intent to reach an agreement but is not an agreement nor a contract but does serve to make both parties comfortable that we are very close to an agreement, that the major scope of items to be decided has been agreed upon, there's still details yet to work out and legal language, contractual language to work out but the remaining issues are ones of details and not of concepts and this initiates the finalization of a year's worth of work just with these folks and very much detail to move our downtown forward. Councilman Lnenicka made a motion to approve authorization for the Mayor to execute the letter of intent with Coro Realty Advisors, LLC, for the downtown redevelopment and also authorize the Mayor to negotiate and sign a contract for the same. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of November 15, 1999, Minutes (B) Approval to Use Council Chambers - December 8, 1999 - 7-9 p.m. - Meeting of DDA, Village Green Residents and Veterans Memorial Association of Smyrna, Ga., Inc. (C) Approval to Install Stop Signs and/or Speed Humps - Hunter and Dunn Street and Legion Avenue and Dunn Street (D) Approval to Select Vendor for Internet and E-Mail Services (E) Approval to Purchase In -Car Computers/Modems and Related Equipment - Police Department (F) Approval to Hire Property and Casualty Insurance Consultant Councilman Hawkins commented on Item (C) on the consent agenda and stated the city has received a petition with over forty signatures for either speed humps or additional stop signs on Dunn Street. Mr. Hawkins stated the petition has been submitted to the City Engineer who did a traffic count study for that section of Dunn Street. Mr. Hawkins stated there are several qualifications under the city's ordinance that you must have in order to qualify for speed humps - one being the number of cars using the street and the other is the length of the street. Mr. Hawkins stated the section of Dunn Street from Concord Road to Collier meets both the distance and the volume requirements. Mr. Hawkins stated there will be one speed hump located on Legion and one on Dunn. Councilman Wood made a motion to approve the Consent Agenda. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: There were no committee reports this evening. Mayor Bacon encouraged everyone to visit the Village Green and see the holiday lights. SHOW CAUSE HEARING: (A) El Pastoracito - 350 Pat Mell Road Mayor Bacon asked Captain David Farmer, Smyrna Police Department, and Mr. Ui Kyong Kim, the applicant, to come forward. Mr. Smith stated the El Pastoracito Restaurant at 350 Pat Mell Road has been cited for selling alcoholic beverages on Sunday without the required permit. He continued that the citations were issued September 19, 1999, following complaints December 6, 1999 meeting - continued by a private citizen and the privilege license location was approved on June 7, 1999. Mr. Smith stated two citations were issued and are scheduled for court in February, 2000. Councilman Cramer asked City'Attorney Chuck Camp to administer the oath to the persons who would be speaking on this issue. Councilman Cramer then asked Captain Farmer to give a brief synopsis of the incident. Captain Farmer stated he received a complaint from a citizen claiming that there was alcohol being served on Sunday and pedestrian traffic was dropping beer bottles on a nearby shopping center parking lot. Captain Farmer stated based on that information he observed the location for approximately six hours prior to 5:00 p.m. He stated there was very little traffic, two vehicles located at the restaurant at the time and those two vehicles stayed there most of the day. He stated at about 9:00 p.m. they started getting some pedestrian traffic and some additional motor vehicle traffic into the location. He stated he entered the location at about 11:45 p.m. and did observe about fifteen people or more sitting at tables in the lounge area - the backroom area - consuming beer. He stated he also observed a female waitress later identified as Ms. Porfira Arellano serving beer to one of the patrons. Captain Farmer stated that based on that he called for additional units for backup and photographed the patronage in the location. Captain Farmer stated Lt. Black came in and took photographs, Officer Chastain came in as backup. Captain Farmer then asked to speak to the manager who identified himself as Man Ho Lee and stated he was the manager on duty at that time. Captain Farmer stated he also charged Mr. Lee with violation of hours of operation, Sunday sales. Councilman Hawkins stated for the record that the establishment does not have a license for Sunday sales. Captain Farmer stated the license was requested for a restaurant to serve beer and wine and also it was noted on the marquee outside that they had a nightclub and also a dance facility. Captain Farmer stated there were two couples dancing but there was no live band at the facility. Mayor Bacon recognized David Kwan, attorney for Mr. Kim, who introduced Mrs. Woo, the owner of the establishment and Porfira Arellano, manager and will be the applicant for the new license. Councilman Newcomb asked Mr. Kwan who is the owner of the restaurant and he introduced Mrs. Woo is the owner of El Pastoracito, Inc., and is the sole shareholder, CEO, President; Porfira Arellano is the manager and will be the applicant for a license they will be filing very shortly, and Mr. Kim, the applicant of this license that is before Council this evening. Mayor Bacon asked Mr. Kwan if this location is currently open and he responded it was not and had closed November 28, 1999. Mr. Kwan stated his client did not have a license for Sunday sales when this occurred but thought they did. He stated when this all occurred they had had a grand opening day and week and had a fight that was on pay -for -view that they were showing in the restaurant and also had two policemen on duty in case there were too many people in there for safety reasons that there would not be any trouble. He continued that based upon that, when they came in and applied for the license originally, they believed they had gotten a Monday through Sunday sales alcohol license. Mr. Kwan stated they had no idea that they did not pay to get a Sunday sales license. Mr. Kwan stated they did not intentionally open the doors on Sunday knowing they did not have a Sunday sales license to invite people in to drink - it was only for the reason that they did not realize they did not have a Sunday sales license. Mr. Kwan stated he has spoken to Captain Farmer twice and also has spoken to Paula Cannon, Business License Officer, because when the applicants retained him for this matter he pointed out how serious this issue is and at that point advised the applicant that if Mr. Kim was not going to be on the premises full time, they should find an agent or applicant who will be. Mr. Kwan stated the restaurant did sell alcohol on Sunday but they did that because they did not realize they did not have a license. Mr. Kwan asked the Mayor and Council to hold the show cause hearing in abeyance until such time as the city can review a new license application that they will be submitting. Mr. Kwan stated when Mrs. Woo came to them and pointed out that Mr. Kim was leaving and there was going to be a change in management, they felt like instead of putting a new agent on the property and paying for a Sunday permit, starting with a new license application would be better and that is what they have done. Mr. Kwan stated the restaurant was closed as of November 28. Mr. Kwan again asked that the hearing be held in abeyance until such time as the new license is approved and if it is approved then they will remove this current license and therefore no action would have to be taken. Mr. Kwan stated with the new application there will be employee training and a handbook. Councilman Cramer stated the violation occurred and is a serious offense. Mr. Cramer stated he was concerned that the restaurant is operating as a nightclub and a certain percentage of the sales must be food. Mr. Kwan stated that after talking with Captain Farmer and Mrs. Woo, they have decided not to open that portion of the restaurant until such time as there is no doubt it is not a nightclub - it is not going to be a backroom as Captain Farmer stated - it will be a part of the restaurant and will be a bar area where patrons can come in and if there is a wait they can go to the bar area and get a drink before they sit down. Mr. Kwan stated it will not be a dance hall and it December 6, 1999 meeting - continued won't be a live entertainment place. Mr. Kwan stated the new license should be applied for shortly and should be in place within six weeks. Councilman Wood asked who owns the property and Mr. Kwan replied Don Caswell leases the building and property to Mrs. Woo. Councilman Cramer asked Captain Farmer who was cited on September 19 and he responded Mr. Man Ho Lee and Ms. Porfira Arellano. Councilman Cramer made a motion to place the El Pastoracito Restaurant at 350 Pat Mell Road on a five-year probation period beginning at 12:00 midnight tonight as a first offense of a Class II violation. Mr. Cramer stated as a first offense there is no suspension of the license. Councilman Hawkins seconded the motion. Motion was approved 7-0. ADJOURNMENT With no further busi , the meeting adjourned at 10:49 p.m. A. MAX BACON, MAYOR MELI DA DAMERON, CITY CLERK o -�_ , J � CHARLENE CAPILOUTO, WARD 1 RON NEWCOMB, WARD 2 BILL SCOGGINS, WA �&V/u 4 9ACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 / X. WADE S. LNENICKA, WXRI)