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01-16-2001 Regular MeetingJanuary 16, 2001 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present except Councilman Hawkins who was absent due to a family emergency. Also present was City Administrator Howard Smith, City Clerk Candis Joiner, City Attorney Scott 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 Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Robin Broyles, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Reverend Father David Monroe of Church of the Holy Trinity, followed by the pledge to the flag. CITIZENS INPUT: Mr. Smith stated that Reverend Father Monroe was the former Manager of Information Systems for the City of Smyrna and thanked Father Monroe for his commitment. Mayor Bacon stated that Councilman Hawkins will be absent due to a family emergency and that items 3-M, 3-N and 3-0 will be tabled. Mayor Bacon recognized Mrs. Kirk and Mrs. Sue Brissey who presented an Image Enhancement Award to Ms. Renee Owens of the Historical Studio. Ms. Owens thanked the City for her award and stated that her business sells art, antiques and upscale accessories. Ms. Owens stated that she hopes the Historical Studio will become a cultural art center for the City of Smyrna. Mayor Bacon stated that the building is one of the most beautiful restored buildings in the State of Georgia. Mrs. Kirk introduced Mr. Frank Adams and the Keep Smyrna Beautiful Board who presented Mayor and Council with Keep Smyrna Beautiful's Distinguished Service Citation for the Year 2000. Ms. Holmes stated that Keep Smyrna Beautiful has won this award for four years in a row. Mrs. Kirk stated that the Keep Smyrna Beautiful Board works very hard for the citizens of Smyrna and thanked the City of Smyrna for its support. Mayor Bacon thanked the board for volunteering their time and their genuine commitment to the City of Smyrna. Councilman Cramer stated that the "Bring One for the Chipper" event was a great success and thanked everyone for their assistance. Mayor Bacon introduced Mr. Jim Callahow, Sales Manager of BFI the provider of the curbside recycling services for the City of Smyrna, who apologized to the citizens for customer service problems and stated that BFI has corrected the problems. PUBLIC HEARINGS: (A) Variance Request-3540 Dunn Street —Two (2) Accessory Buildings on One Lot. Mr. Smith stated that the applicant is requesting this variance in order to build a garage for cars and storage. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Mayor Bacon asked the applicant, Mr. Jenkins, to describe his plans and Mr. Jenkins stated that he currently has a utility building that holds his yard equipment and pesticides, but that he needs a place to keep his grandchild's riding toys and his car. Mr. Jenkins stated that he has spoke with neighbors and they do not oppose this request. Councilman Scoggins made a motion to approve the variance request of 3540 Dunn Street to have two accessory buildings on one lot and Councilman Newcomb seconded the motion. Motion was approved 6-0. January 16, 2001 2 (B) Variance Request-3540 Dunn Street —Reduce Side Yard Setback from 10 feet to 5 feet. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Scoggins stated that this request is necessary in order to save the large trees on the applicant's property and thanked Mr. Jenkins for attempting preserve the trees. Councilman Lnenicka asked Mr. Jenkins to describe the structure and Mr. Jenkins stated that the building will look similar to his home with roof style, brick front and vinyl siding. Councilman Scoggins made a motion to approve the variance request of 3540 Dunn Street to reduce the side yard setback from 10 feet to 5 feet and Councilman Wood seconded the motion. Motion was approved 6-0. (C) Variance Request-2310 Old Concord Road—Artcraft Collision —Increase Size of Wall Sign from 50 Square Feet to 131.50 Square Feet and Allow Second Wall Sign. Mr. Smith stated that Artcraft Collision is located within the South Cobb Overlay District and that the applicant is requesting a variance to increase the size of a wall sign from 50 feet to 131.50 square feet in order to reflect their new affiliation with NAPA. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer stated that if approved, this variance request will reduce the current sign from 146.25 square feet to 131.50 square feett and asked Mr. Monger to explain why the variance request is necessary. Mr. Monger stated that Artcraft Collision has gained an affiliation with NAPA and would like to modernize the current 10-year-old sign with the NAPA logo on it. Mayor Bacon asked if NAPA required the sign to reflect NAPA and Mr. Monger stated yes. Mr. Monger stated that the requested signs are pre -built by NAPA. Councilman Lnenicka asked how many signs would be on the building and Mr. Monger stated that, if approved, there would be three signs. Councilman Lnenicka asked if there would be a way to decrease the number of signs and Mr. Monger stated that the signs are small and necessary for visibility. Councilman Newcomb asked if it is possible to decrease the sign and Mr. Monger stated that it would not. Councilman Cramer made a motion to approve the variance of 2310 Old Concord Road, Artcraft Collision, to increase the size of the wall sign from 50 square feet to 131.50 square feet and allow a second wall sign. Councilman Scoggins seconded the motion. Councilman Newcomb stated that even though he appreciates Mr. Monger's efforts to improve the signage, he feels that there are too many signs and that the signs are too large for this property and therefore, he could not support the request. Councilman Lnenicka stated that he believes that Mr. Monger has improved his property and that the total square footage is in excess but he could not support the request. Motion was approved 4-2 with Councilman Newcomb and Councilman Lnenicka opposed. (D) Variance Request-2310 Old Concord Road—Artcraft Collision-80 Foot Freestanding Sign. Mr. Smith stated that Artcraft Collision is requesting this 80-foot monument freestanding sign in order to have better visibility for their customers. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer stated that this variance request, if approved, will allow a freestanding monument style sign to replace the current pole type sign. Mr. Monger stated that the current sign is a piece of plywood and that the requested sign will enhance the area. January 16, 2001 3 Councilman Lnenicka stated that he believes the requested sign is a positive replacement of the current sign, but that he would be more comfortable if one of the other signs could be alleviated. Councilman Newcomb stated that if this sign was the only sign on the property, he would approve the request. Councilman Cramer stated that Mr. Monger's business must be visible and that this signage improvement will cause other properties to improve. Councilman Cramer made a motion to approve the variance request of 2310 Old Concord Road, Artcraft Collision, to have an 80-foot freestanding sign. Councilman Scoggins seconded the motion. Motion was approved 4-2 with Councilman Newcomb and Councilman Lnenicka opposed. (E) Variance Request-3405 Shawnee Trail —Reduce Side Yard Setback from 10 feet to 4 feet. Mr. Smith stated that the applicant has already built a garage on the property because he was unaware that he needed to apply for the variance. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Lnenicka asked Mr. Sailors, the applicant, to describe the reason for the variance and Mr. Sailors stated that he had a garage built on his property unaware that there could only be one accessory building on the property. Mr. Sailors stated that he needs the garage to house a classic car that was kept in the driveway. Councilman Lnenicka asked Mr. Sailors to describe the garage and Mr. Sailors stated that the garage is a 24' x 29'06" 2-car steel garage. Mr. Sailors stated that the driveway runs along the side yard line and that he consulted with the adjacent neighbors prior to its construction and that they did not have a problem with the garage. Mr. Sailors stated that he currently has a 10' x 14' utility building that houses a lawnmower and yard tools. Councilman Lnenicka made a motion to approve the variance request of 3405 Shawnee Trail to reduce the side yard setback from 10 feet to 4 feet. Councilman Wood seconded the motion. Motion was approved 6-0. (F) Variance Request-3405 Shawnee Trail —Over -Sized Accessory Structure and More than One Accessory Structure Per Lot. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Lnenicka made a motion to approve the variance request of 3405 Shawnee Trail to build an oversized accessory structure and to allow more than one accessory structure on the property. Councilman Wood seconded the motion. Motion was approved 6-0. (G) Variance Request-5171 Ivy Green Way, Lot 76 E (Vinings Estates) —Reduce Rear Yard Setback from 25 feet to 10 feet. Mr. Smith stated that the applicant is requesting this variance due to the steep topography and the large hardwood trees on the lot and that the requested location of the home is the best alternative for this lot. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood introduced Mr. T.J. Winans, builder, and asked Mr. Winans to explain the reason for the variance. Mr. Winans stated that the house is placed 1.7 feet over the rear building line due to the steep topography of the lot and in order to save some large hardwood trees. Councilman Wood made a motion to approve the variance request of 5171 Ivy Green Way, Lot 76 E (Vinings Estates) to reduce the rear yard setback from 25 feet to 10 feet. Councilman Cramer seconded the motion. Motion was approved 6-0. January 16, 2001 4 (H) Variance Request-1118 Vinings Grove Way, Lot 10—Reduce Front Yard Setback from 25 feet to 10 feet. Mr. Smith stated that this is a new subdivision being constructed by Benchmark Homes and that the request is necessary in order to preserve hardwoods and to create a larger buffer. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood introduced Mr. Scott Justus, applicant, and asked him to describe his plans. Mr. Justus stated that Lots 21, 22, 23 and 24 back up to Cooper Lake Road and that by reducing the front yard setback, the homes will have a larger back yard with large, hardwood trees and that there would be a larger undisturbed area along Cooper Lake Road. Mr. Justus stated that the reduction in the front yard setback for Lot 10 is needed to align the home with the other homes on that street. Councilman Wood made a motion to approve the variance request of 1118 Vinings Grove Way, Lot 10, to reduce the front yard setback from 25 feet to 10 feet. Councilman Cramer seconded the motion. Motion was approved 6-0. (I) Variance Request-1125 Vinings Grove Way, Lot 21—Reduce Front Yard Setback from 25 feet to 10 feet. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood made a motion to approve the variance request of 1125 Vinings Grove Way, Lot 21, to reduce the front yard setback from 25 feet to 10 feet. Councilman Cramer seconded the motion. Motion was approved 6-0. (J) Variance Request-1123 Vinings Grove Way, Lot 22—Reduce Front Yard Setback from 25 feet to 10 feet. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood made a motion to approve the variance request of 1123 Vinings Grove Way, Lot 22, to reduce the front yard setback from 25 feet to 10 feet. Councilman Cramer seconded the motion. Motion was approved 6-0. (K) Variance Request-1121 Vinings Grove Way, Lot 23—Reduce Front Yard Setback from 25 feet to 10 feet. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood made a motion to approve the variance request of 1121 Vinings Grove Way, Lot 23, to reduce the front yard setback from 25 feet to 10 feet. Councilman Cramer seconded the motion. Motion was approved 6-0. (L) Variance Request-1115 Vinings Grove Way, Lot 24—Reduce Front Yard Setback from 25 feet to 10 feet. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood made a motion to approve the variance request of 1115 Vinings Grove Way, Lot 24, to reduce the front yard setback from 25 feet to 10 feet. Councilman Cramer seconded the motion. Motion was approved 6-0. (M) "No Parking" Signs —Grady Street (From Powder Springs Street to Cul-de-Sac). Mayor Bacon stated that this is a public hearing and asked for public comment. Mayor Bacon introduced Mr. James Cosper, 2661 Grady Street, who stated that cars being parked on the street are a safety hazard and nuisance. January 16, 2001 5 Councilman Scoggins made a motion to table the "no parking" signs request for Grady Street until the February 5, 2001, Council Meeting. Councilman Cramer seconded the motion to table. Motion to table was approved 6-0. (N) Privileged License Request-821 Concord Road —Hacienda Los Mariachis—Retail Pouring License (Liquor, Beer and Wine) —New Application. Mayor Bacon stated that this is a public hearing and asked for public comment. Councilman Scoggins made a motion to table the privileged license request for 821 Concord Road, Hacienda Los Mariachis, for a retail -pouring license of liquor, beer and wine until the February 5, 2001, Council Meeting. Councilman Cramer seconded the motion to table. Motion to table was approved 6-0. (0) Privileged License Request-3780 South Cobb Drive —Smyrna Moose Lodge — Retail Pouring License (Liquor, Beer and Wine) —Agent Change. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer made a motion to table the privileged license request for 3780 South Cobb Drive, Smyrna Moose Lodge, for a retail pouring license of liquor, beer and wine until the February 5, 2001, Council Meeting. Councilman Wood seconded the motion to table. Motion to table was approved 6-0. (P) Privileged License Request—Carrabba's Italian Grill-2999 Cumberland Blvd. - Retail Pouring License (Liquor, Beer and Wine) —Agent Change. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Mr. Smith stated that Mr. Robert Bardes-Lambert is requesting to be the authorized agent of this location and that the police investigation did not reveal anything that would preclude issuance of this license. Councilwoman Capilouto asked Mr. Lambert if he has been a licensed agent before and Mr. Lambert stated no. Councilwoman Capilouto asked Mr. Lambert if he is familiar with the laws regarding alcohol sales and Mr. Lambert said yes. Councilwoman Capilouto asked Mr. Lambert to describe Carrabba's alcohol sales training and Mr. Lambert stated that Carrabba's has orientation training and classroom training. Councilwoman Capilouto made a motion to approve the privileged license request for Carrabba's Italian Grill at 2999 Cumberland Boulevard for a retail pouring license of liquor, beer and wine with Mr. Robert Bardes-Lambert as the registered agent. Councilman Newcomb seconded the motion. Motion was approved 6- 0. FORMAL BUSINESS: (A) Approval of Apartment Moratorium Extension —January 3, 2001—July 3, 2001. Mr. Smith stated that this moratorium is an effort to balance the number of apartment dwellings and single-family homes. Councilman Newcomb stated that the number of apartment homes is greater than the number of single-family homes and that this apartment moratorium is an effort to balance the numbers. Councilman Newcomb made a motion to approve the extension of the apartment moratorium from January 3, 2001 to July 3, 2001. Councilman Wood seconded the motion. Motion was approved 6-0. Councilman Lnenicka made a motion to suspend the rules for the purpose of adding item 4-13 to the formal business agenda and Councilman Wood seconded the motion. Motion was approved 6-0. Councilman Lnenicka made a motion to add item 4-B to the formal business agenda and Councilman Wood seconded the motion. Motion was approved 6-0. January 16, 2001 6 (B) Authorize Mayor to Extend an Offer for the Acquisition of Approximately 10 Acres at 3180 Atlanta Road and Settlement of Outstanding Litigation. Councilman Lnenicka made a motion to authorize the Mayor to extend an offer for the acquisition of approximately 10 acres at 3180 Atlanta Road and settlement of outstanding litigation. Councilman Wood seconded the motion. Motion was approved 6-0. COMMERCIAL BUILDING PERMITS: There were none.. BID AWARDS: (A) Bid Award —Replacement of 300' of Storm Sewer —Tolleson Park —Public Works. Councilman Scoggins stated that bids were solicited from nine vendors with five vendors responding for 300' of existing storm sewer at Tolleson Park. Councilman Scoggins made a motion to award the bid for the replacement of 300 feet of storm sewer at Tolleson Park to K. M. Davis Contracting Company, the low bidder meeting specifications, for a total cost $86,450.90. Councilman Wood seconded the motion. Motion was approved 6-0. (B) Bid Award —Tractor Boom Mower —Public Works. Councilman Scoggins stated that bids were solicited from ten vendors with five vendors responding for a tractor Boom Mower. Councilman Scoggins made a motion to award the bid for a tractor boom mower to Adams Equipment, the low bidder meeting specifications, for a total cost $66,853.00. Councilman Cramer seconded the motion. Motion was approved 6-0. (C) Bid Award —Contract Labor —Traffic Signals Citywide. Councilman Scoggins stated that bids were solicited with three vendors responding for traffic signal contract labor removing the old wood poles from the right-of-way. Councilman Scoggins made a motion to award the bid to ABCT Enterprises, the low bidder meeting specifications, for a total cost $17,325.00. Councilman Newcomb seconded the motion. Motion was approved 6-0. (D) Bid Award --Spring Road Linear Park. Councilman Newcomb stated that bids were solicited with nine vendors responding for the Spring Road Linear Park. Councilman Newcomb made a motion to award the bid for the Spring Road Linear Park development to Butch Thompson Enterprises, the low bidder meeting specifications, for a total cost $485,175.16. Councilman Scoggins seconded the motion. Motion was approved 6-0. (E) Bid Award —City Administration Vehicle. Councilman Lnenicka stated that bids were solicited at an earlier date for an administration vehicle that is being delayed for an undetermined date by Ford Motor Company and that another similar vehicle is available from Wade Ford who was originally awarded the bid at this time. Councilman Lnenicka made a motion to approve the change order to purchase a 2001 LEV Taurus from Wade Ford for a total cost $17,885.00. Councilman Wood seconded the motion. Motion was approved 6-0. CONSENT AGENDA: (A) Approval of January 2, 2001, Minutes. (B) Approval of Official City Map. (C) Approval to Use Contract Unit Pricing for Sewer Main Replacement on Tecumseh Trail. (D) Approval to Request Bids for Purchase of Thermal Imaging Camera. (E) Approval to Include Miscellaneous Equipment in Auction. Councilman Lnenicka made a motion to approve the Consent Agenda and Councilman Cramer seconded the motion. Motion was approved 6-0. January 16, 2001 7 COMMITTEE REPORTS: Councilman Wood recognized Ms. Bennett who stated that English as a second language classes will begin on Wednesday, the study circle process will begin on Thursday and encouraged everyone to submit their restaurant surveys. ` Councilman Wood recognized Mr. Seigler who presented the library statistics for the year 2000 and stated that the income tax preparers will begin preparing tax returns on the first Wednesday in February. Councilman Wood recognized Mr. Ciaccio who stated that the winter activities newsletters are available and that registration for the summer day camp will begin soon. Mr. Ciaccio stated that the needs assessment surveys are being reviewed. Councilman Lnenicka recognized Chief Williams who stated that the Georgia Department of Human Resources has councils that govern emergency care and that the Cobb County Board of Commissioners has recently appointed Lieutenant Koni Jabaley to our area's council. Chief Williams stated that 2,150 children were assisted during the holiday season by the joint effort of Lt. Steve Gaddy, MUST Ministries and the Smyrna Senior Elves of the Golden Jonquils. Chief Williams stated that an emergency warning siren has recently been installed at Campbell Road and that the siren on the East-West Connector will be installed as soon as weather permits. Chief Williams stated that the thermal imaging camera is a camera that will assist in locating a fire in a building, chemical leaks, lost firefighters engaged in a fire and fire victims. Councilman Lnenicka stated that Commissioner Thompson is working with the Department of Transportation in alleviating some of the traffic congestion at the intersection of West Paces Ferry Road and Atlanta Road. Councilman Cramer recognized Mr. Corey who announced the job opportunities for the City of Smyrna and that the Civil Service Exam will be given on Saturday, April 7,2001, and Saturday, October 6, 2001. Councilman Cramer encouraged the citizens to purchase brick and marble pavers for the Veterans Memorial Park. Councilman Scoggins recognized Mrs. Kirk who thanked the Keep Smyrna Beautiful Volunteers, Marc Pickard and corporate sponsors for the successful "Bring One for the Chipper" event. Mrs. Kirk presented the Keep Smyrna Beautiful recycling statistics and thanked the citizens for their recycling efforts. Mrs. Kirk stated that Dogwood seedlings are available for citizens and city employees. Councilman Scoggins commended Mrs. Kirk for the efforts of Keep Smyrna Beautiful. Councilman Scoggins recognized Mr. Stokes who gave an update on the grading of West Spring Street. Councilman Scoggins recognized Mr. Hildebrandt who stated that the Georgia D.O.T. has approved the City's application for the Concord Road Linear Park that will run from Atlanta Road to South Cobb Drive. Mr. Smith stated that this park will be on the North side of Concord Road and that the ultimate goal of the City of Smyrna is to join the Silver Comet Trail. Councilman Newcomb commended Mr. Hildebrandt on securing the grant from the Georgia D.O.T. Councilman Newcomb recognized Mr. Broyles who presented the building permit statistics for December 2000. Councilwoman Capilouto congratulated Mrs. Joiner on her new granddaughter, Bailee. January 16, 2001 Mr. Smith stated that the new City Planner will begin work in February, commended Chief Hook's daughter on her acceptance to Georgia Tech and the University of Georgia and commended Mrs. Kirk on the recycling statistics. Mayor Bacon wished Councilman Hawkins and his family well. ADJOURNMENT With no further business, the meeting adjourned at 9:22 p.m. A. MAX BACON, MAYOR CANDIS JOINER, ITY CLERK do,�k�� Cb� 1" 7 / JJ CHARLENE CAPILOUTO, WARD 1 ROAN NEWCOMB, WARD 2 (��,Ovw, 0-1 JAMES M. HAWKINS, WARD 4 iiRLES PETS �'VOOD, WARD 7