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03-19-2001 Regular MeetingMarch 19, 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. 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 Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Reverend Elijah Jones of Greater Zion Hills Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon introduced Mr. Corey who presented a Smyrna STAR employee of the Month Award to City Marshall Marty Peace for his commitment to alleviating graffiti. Mr. Corey presented Marshall Peace with a plaque honoring his dedication, $100.00, a $25.00 gift certificate and a day off with pay. Mayor Bacon thanked Marshall Peace for his commitment. Mayor Bacon recognized Mrs. Holli Cash, 4181 Ridgehurst Drive, who presented Mayor and Council with a petition from the parents of Nickajack Elementary asking for their school to be annexed into the City of Smyrna. Mrs. Cash stated that she is concerned with the double taxation issue and suggested forming a task force of citizens addressing the double taxation issue. Mayor Bacon recognized Ms. Rose Cundy, Rollingview Drive, who stated that her home was flooded due to a sewer back up over 17 months ago and again on March 8, 2001. Ms. Cundy stated that she does not believe that the City of Smyrna's insurance company has addressed this issue. Mayor Bacon stated that he understood that the insurance company had offered an amiable solution and asked Mr. Corey to explain. Mr. Corey stated that the insurance company is speaking with her attorney. Councilwoman Capilouto stated that she believes that the City of Smyrna should take care of these back ups as soon as they happen and asked if the City could send out a cleaning crew immediately. Mr. Smith stated that he would speak with the insurance company to insist that her home be cleaned. Councilwoman Capilouto stated that she is upset with this problem and that much of the problem lies with the insurance company. Mayor Bacon recognized Ms. Mary Ann Anding who stated that her home was flooded with sewage 13 months ago and that she has received no help from the insurance company. Mayor Bacon asked if she has been able to agree on a settlement with the insurance company, and Ms. Anding said no because the company is only offering .30 on the dollar. Mr. Cochran stated that he has made demands on the insurance company and has threatened legal action against the company. Councilwoman Capilouto asked if this problem could be reported to the insurance commissioner, and Ms. Anding stated that she has attempted to notify the commissioner's office. Mr. Cochran stated that he would send a complaint letter to the commissioner's office. Mr. Howard Martin, Ms. Anding's neighbor, stated that the sewage poured into her home in the matter of minutes, and Ms. Anding had to leave her home in her nightgown. Mr. Martin asked Mayor and Council to help her. Mayor Bacon stated that Mr. Cochran would address this with the insurance company. Mayor Bacon recognized Ms. Joan Thomas, Laurel Cliff subdivision, who asked which fire and police department would service Nickajack Elementary if the school is not annexed into the City of Smyrna, and Mayor Bacon stated that presently the alarm would go directly to Cobb County. PUBLIC HEARINGS: 0� (A) Annexation Request —Concord Road-9.311 Acres —Land Lot 265, 17' District, 2' 2� Section, Cobb County, Georgia. Mr. Smith stated that the petition for annexation was validated at the February 5, 2001, Council Meeting and that all legal advertising requirements have been met. Mr. Smith stated that if this March 19, 2001 2 request is approved the parcel will become a part of Ward 7 with an effective date of April 1, 2001. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood introduced Mr. Walker, Benchmark Homes, who stated that they plan to develop single-family homes on the property. Councilman Wood made a motion to approve the annexation request of the 9.311 acres on Concord Road Land Lot 265, 17th District, 2' Section, Cobb County Georgia to become a part of Ward 7 with an effective date of April 1, 2001. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Variance Request —South Cobb Drive and Windy Hill —Reduce Rear Yard Setback from 50 feet to 40 feet. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer stated that the applicant has asked that this request be withdrawn without prejudice. No action was taken. (C) Rezoning Request —Cooper Lake Road —Request to Amend RAD Conditional Zoning by Adding 12 Lots. Mr. Smith stated that the applicant is requesting to add 12 lots to an existing parcel and to amend the RAD Conditional. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood stated that the applicant wants to add 12 lots to the existing approved plat by incorporating parts of Land Lots 329, 330 and 265. Councilman Wood introduced Mr. Bland who stated that they were able to secure 3 parcels and would like to add them to their development in order to create a more efficient and aesthetic subdivision. Mr. Bland stated that they will also be able to offer a safer entrance and deceleration lane on Cooper Lake Road. Councilman Wood made a motion to approve the rezoning request of Cooper Lake Road to amend the RAD Conditional zoning by allowing the addition of 12 lots to the existing subdivision of Lake View at Vinings, and Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Rezoning Request-503 Cooper Lake Road—. 949 Acres —Land Lot 329 and 330, 17 th District, 2" Section, Cobb County, Georgia. Mr. Smith stated that the applicant is requesting to rezone .949 acres and to incorporate this parcel into Lake View at Vinings. 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 rezoning request of .949 acres 503 Cooper Lake Road Land Lots 329 and 330, 17" District, 2' Section, Cobb County, Georgia. Councilman Cramer seconded the motion. Motion was approved 7-0. (E) Annexation Request-503 Cooper Lake Road—. 949 Acres —Land Lot 329 and 330, 17"' District, 2" Section, Cobb County, Georgia. Mr. Smith stated that the applicant is requesting to annex .949 acres and to incorporate this parcel into Lake View at Vinings. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood stated that all legal advertisements have been met and made a motion to approve the annexation request of .949 acres at 503 Cooper Lake Road Land Lots 329 and 330, 17" District, 2n' Section, Cobb County Georgia to become a part of Ward 7 with an effective date of April 1, 2001. Councilman Cramer seconded the motion. Motion was approved 7-0. March 19, 2001 (F) Rezoning Request-537 Cooper Lake Road-1.02 Acres —from R-20 to RAD Conditional —Land Lot 330, ,17`h District, 2' Section, Cobb County, Georgia. Mr. Smith stated that the applicant is requesting to rezone 1.02 acres and to incorporate this parcel into Lake View at Vinings. 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 rezoning request of the 1.02 acres of 537 Cooper Lake Road, Land Lot 330, 17`h District, 2' Section, Cobb County, Georgia from R-20 to RAD Conditional. Councilman Cramer seconded the motion. Motion was approved 7-0. (G) Annexation Request-537 Cooper Lake Road-1.02 Acres —Land Lot 330, 17' District, 2" a Section, Cobb County, Georgia. Mr. Smith stated that the applicant is requesting to annex 1.02 acres and to incorporate this parcel into Lake View at Vinings. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood stated that all legal advertisements have been met and made a motion to approve the annexation request of 1.02 acres at 537 Cooper Lake Road Land Lot 330, 17"' District, 2nd Section, Cobb County Georgia to become a part of Ward 7 with an effective date of April 1, 2001. Councilman Cramer seconded the motion. Motion was approved 7-0. (H) Rezoning Request-567 Cooper Lake Road —Land Lots 329 and 330-2.10 Acres — From R-20 to RAD Conditional. Mr. Smith stated that the applicant is requesting to rezone 2.10 acres and to incorporate this parcel into Lake View at Vinings. 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 rezoning request of the 2.10 acres of 567 Cooper Lake Road, Land Lots 329 and 330, 17'h District, 2' Section, Cobb County, Georgia from R-20 to RAD Conditional. Councilman Cramer seconded the motion. Motion was approved 7-0. (I) Annexation Request-567 Cooper Lake Road-2.10 Acres —Land Lot 330, 17' District, 2' Section, Cobb County, Georgia. Mr. Smith stated that the applicant is requesting to annex 2.10 acres and to incorporate this parcel into Lake View at Vinings. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood stated that all legal advertisements have been met and made a motion to approve the annexation request of 2.10 acres at 567 Cooper Lake Road Land Lots 330, 17`h District, 2' Section, Cobb County Georgia to become a part of Ward 7 with an effective date of April 1, 2001. Councilman Cramer seconded the motion. Motion was approved 7-0. (J) Rezoning Request —Church Road (East of Old Concord Road)-1.365 Acres —from R-20 to R-15 Conditional. Mr. Smith stated that the applicant would like to develop four single-family homes with a density of 3.0 units per acre. Mr. Smith stated that the Planning and Zoning Board supported this request. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer asked the applicant, Mr. Allan Khalife, to describe his plans, and Mr. Khalife stated that the homes will be 4-sided brick and over 3,000 square feet heated space. Councilman Cramer stated that Mr. Khalife is helping to revitalize this area of Ward 5 and hopes to build more homes in the future. Councilman Cramer made a motion to approve the rezoning of Church Road east of Old Concord Road with the stipulation that the homes are 4-sided brick and that the homes have over 3,000 square feet heated space. Councilman Lnenicka seconded the motion. Motion approved 7-0. March 19, 2001 4 (K) Annexation Request —Church Road (East of Old Concord Road)-1.365 Acres — Land Lot 341, 17" District, 2"d Section, Cobb County, Georgia. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer made a motion to approve the annexation request of the 1.365 acres of Church Road east of Old Concord Road Land Lot 341, 17" District, 2`' Section, Cobb County, Georgia to become a part of Ward 5 with an effective date of April 1, 2001. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (L) Variance Request —Atlanta Road and Windy Hill —Permit Unspecified Roof Pitch in place of 6/12 Pitch. Councilman Hawkins stated that the applicant would like to withdraw their application without prejudice. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. No action was taken. (M) Zoning Amendment Request—Wetherburn Subdivision -Camp Highland Road. Mr. Smith stated that the applicant would like to remove stipulation numbers 13 and 25 from the June 5, 2000, approved zoning request approval and to make the streets private and gated. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood stated that on June 5, 2000, this Council approved a request by Larry Ross to rezone approximately 18.142 acres at this location from Heavy Industrial (Cobb County) to RAD Conditional to build a single-family subdivision and that the zoning approval included 25 stipulations. Councilman Wood stated that the applicant, Mr. Jeff Freeman, is requesting that Stipulation 13 be amended from stating that all streets within the development be dedicated streets, meeting City of Smyrna standards and ordinances to all streets, water and sewer be private to in order to allow a gated entrance. Mr. Freeman stated that number 25 stipulates that Mr. Larry Ross be principal in this project and that Mr. Ross is not involved with this project. Mr. Freeman stated that current Development Regulations require curbing on all of the property frontage on Camp Highland Road, and would like to be allowed to curb only the entrance, per the submitted site plan, so as not to create a water problem on the dead-end street. Councilman Wood stated that Mr. Hildebrandt agrees with this waiver request. Councilman Lnenicka asked if there would be money set aside for the upkeep of the streets, and Mr. Freeman stated that the initiation fee would be reserved for funding street and utility repairs. Councilman Wood made a motion to approve the zoning amendment request of stipulation 13 be amended to read, "All streets, water and sewer be private to allow a gated entrance provided that they are built to the City of Smyrna standards and ordinances and that the initiation fee be reserved for the funding of street and utility repairs." Councilman Lnenicka seconded the motion. Motion was approved 7-0. Councilman Wood made a motion that the Development Regulation that requires curbing along the Camp Highland Road frontage be rescinded to allow the applicant to curb his entrance per the submitted site plan, and Councilman Cramer seconded the motion. Motion was approved 7- 0. Councilman Wood made a motion to rescind stipulation 25, and Councilman Cramer seconded the motion to resend. Motion to rescind was approved 7-0. (N) Rezoning Request —Camp Highland Road-16.4 Acres —from G.C. to RAD Conditional. Mr. Smith stated that MDC Homes is requesting to build 75 town homes and 5 single-family homes. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood introduced Mr. Steve Check, MDC Homes, who stated that he is planning to develop a residential neighborhood of town home units and single-family homes. Mr. Check March 19, 2001 5 stated that the entrance to the subdivision will be off of Camp Highland Road and that the subdivision will share amenities with the Vinson property that is currently being developed. Mr. Check stated that amenities will include a pool, cabana and mandatory homeowners association, a fence along Camp Highland Road and curbing and sidewalks. Mr. Check stated that there will be two types of town homes and that there will be brick front and sides and hardy plank in the rear. Councilman Wood asked Mr. Check if he is agreeable with the following stipulations: 1. The plan will include 75 front and rear entry attached town homes and 5 detached lots. 2. All lots on the subject property will be accessed from the adjacent property shown as Tract B on the site plan. 3. All town homes will have a minimum of 1800 heated square feet and well over 2000 square feet including optional space. 4. The town home units will be a maximum of 4 stories and 48' in height. 5. The combined subdivision (Tract A and Tract B on the site plan) will have a gated, landscaped entrance on Camp Highland Road and private streets and utilities. 6. Front and side facades of the town homes will be brick, stone, stacked stone, hardiplank, cedar shake singles or combinations thereof. 7. Rear facades of the town homes along East-West Connector will be brick. 8. Residences built on the detached lots will comply with the conditions of zoning for the adjacent property (Tract B). 9. Prices for the town homes will sell in the $240's. 10. MDC and the developer of Tract B will widen and improve Camp Highland Road within the existing RIGHT OF WAY to include curb and paving up to the subdivision entrance. 11. Residents of the subject development will have access to an amenity package consisting of a pool and cabana. 12. MDC will build an attractive retaining wall on the subject property along East-West Connector behind which will be a 10' planted landscape buffer. 13. All utilities within the development shall be underground. 14. A mandatory homeowners' association with recorded restrictive covenants will be established for the subdivision. 15. Smyrna will abandon Hardin Road in order to allow the development of the subject property. 16. The developer agrees to comply with the City of Smyrna Tree Ordinance. Mr. Check stated that he will agree to the above stipulations. Councilman Wood made a motion to approve the rezoning request of 16.4 acres of Camp Highland Road from G. C. to RAD Conditional with the above stipulations and conditions. Councilman Cramer seconded the motion. Motion was approved 7-0. (0) Land Use Change Request —Camp Highland Road-16.4 Acres —from Industrial Compatible to Medium Density Residential. 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 land use change request of the 16.4 acres on Camp Highland Road from Industrial Compatible to Medium Density Residential. Councilman Cramer seconded the motion. Motion was approved 7-0. (P) Privileged License Request —Bail Bond Business —Bond, James Bond of Cobb, Inc.-88 Zena Drive —New Application. Mr. Smith stated that this is a new application and that the business license department has discussed the City's ordinances with the applicant. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Hawkins introduced Mr. James Lester who stated that he currently operates a bond company in many surrounding counties. Councilman Hawkins asked Mr. Lester if he familiar with the city's laws and Mr. Lester stated yes. Councilman Hawkins stated that the police investigation failed to reveal information that would preclude issuance of this license and made a motion to approve the privileged license request for a bail bond business for Bond, James Bond of Cobb, Inc. at 88 Zena Drive with Mr. James Lester as the agent. Councilman March 19, 2001 1 6 Lnenicka seconded the motion. Motion was approved 6-0. Councilman Cramer was away during the vote. (Q) Privileged License Request —Retail Pouring License —Beer, Wine and Liquor—G & T Restaurant, d/b/a Vinings Grill-4480 South Cobb Drive —New Application. Mr. Smith- stated that the applicant, Mr. Harold P. Gerlitsch, is requesting to be made the agent for the Vinings Grill and that the business license officer has reviewed the City's alcohol ordinances with the applicant. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Lnenicka asked Mr. Gerlitsch if he is familiar with the City of Smyrna's alcohol ordinances, and Mr. Gerlitsch stated yes. Mr. Gerlitsch stated that he has a copy of the City's ordinances and understands them. Councilman Lnenicka stated that the police investigation failed to reveal any information that would preclude the issuance of this license and made a motion to approve the privileged license request of a retail pouring license for beer, wine and liquor for G & T Restaurant, d/b/a Vinings Grill at 4480 South Cobb Drive with Mr. Gerlitsch as the registered agent. Councilman Cramer seconded the motion. Motion was approved 7-0. (R) Privileged License Request —Retail Pouring License —Beer, Wine and Liquor — Glen Rock Holding Corp. d/b/a Amerisuites-Smyrna-2876 Springhill Parkway — Agent and Ownership. Mr. Smith stated that the applicant, Mr. Jerry Walker, is requesting to be made the agent for Amerisuites and that the business license officer has reviewed the City's alcohol ordinances with the applicant. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilwoman Capilouto asked Mr. Walker if he is familiar with the City of Smyrna's alcohol ordinances, and Mr. Walker stated yes. Councilwoman Capilouto asked Mr. Walker has held an alcohol license before, and Mr. Walker stated yes. Mr. Walker stated that he has an alcohol sales training program in place. Councilwoman Capilouto stated that the police investigation failed to reveal information that would preclude the issuance of the alcohol license and made a motion to approve the privilege license request for a retail pouring license of beer, wine and liquor for Glen Rock Holding core. d/b/a Amerisuites—Smyrna at 2876 Springhill Parkway with Mr. Jerry Walker as the registered agent. Councilman Cramer seconded the motion. Motion was approved 7-0. (S) Island Annexation —Unincorporated Island 4. Mr. Smith stated that notices were mailed to approximately 600 property owners in a 439 acre unincorporated island and if approved, will become a part of Ward 7 with an effective date of April 1, 2001. Mr. Smith stated that the process in which the islands are annexed is based on the staff recommendation regarding service delivery. Mayor Bacon stated that this is a public hearing and asked for public comment. Mr. Cochran administered the oath to those wishing to speak. Mayor Bacon recognized Ms. Jeanette Gall, 1336 Cooper Lake Road, who stated that she enjoys many of the amenities of the city of Smyrna but is upset because she does not have a vote in this issue. Mayor Bacon recognized Laura Brown, 1580 Gaylor Street, who stated that she believes that the only difference in being a City of Smyrna resident would be higher taxes and increased sanitation cost and that police and fire stations are '/z mile closer and asked that the City of Smyrna not annex Gaylor Street. Mayor Bacon recognized Mr. Jerry White, 4900 Prince Road, who stated that he was not sure if he had been annexed and that if he has, he has not received any new services. Mr. White stated that he believes that only developed properties were annexed and not vacant properties. Mayor Bacon recognized Mr. Fred Adams, who asked the method for annexation, and Mr. Smith stated that the Finance and Administration Committee and City staff determined the schedule of annexation based on service delivery routes. Mr. Adams stated that he is concerned that he does not have input regarding this proposed annexation. Councilman Hawkins stated that there have been efforts over the last 10 years to eliminate duplication of March 19, 2001 7 services and that this problem is not unique to the City of Smyrna. Councilman Hawkins stated that even with a vote there could still be islands and the duplication of services. Mayor Bacon recognized Mr. Clarence Cagle, 2205 Church Road, who asked if he would required to have a city business license, if he could tap into the sewer system, if the City would provide sanitation services and why does the City want him. Mayor Bacon introduced Mr. Mike Bowers, attorney for the Cobb Voters Coalition, who encouraged Mayor and Council to not continue with the annexation because the legislation is legally flawed. Mr. Bowers stated that he believes this area was not an island in 1991. Mr. Bowers stated that a resident of this area providing him with information stating that South Cobb Drive was not part of the City of Smyrna on January 1, 1991. Mayor Bacon recognized Mr. Paul Sesko, 1590 Gaylor Street, who stated that the homes in his neighborhood are run down and ripe for development. Mr. Sesko stated that he does not believe the benefits are worth the costs. Mayor Bacon recognized Mr. David Sanson, 522 Church Road, who stated that he does not want to be annexed into the City of Smyrna because he does not want additional taxes. Mayor Bacon recognized Ms. Laura Biggy, Laurel Cliffs Subdivision, who stated that she does not want to be annexed into the City of Smyrna because of the additional taxes. Mayor Bacon recognized Mr. John Marchman, 4059 Ridge Road, who stated that the City and County services are similar. Mayor Bacon recognized Mr. Phil Minetti, Lake Laurel Drive, who asked if the neighborhood will be updated with additional fire hydrants. Councilman Hawkins stated that Cobb County will continue to provide their water service and the hydrants so nothing in that respect will change. Mr. Minetti stated that he is upset with the decline of Lake Laurel due to increased development in the City of Smyrna and poor enforcement of siltration laws. Mayor Bacon recognized Mr. George Artress, 1472 Cooper Lake Road, who stated that he is not enthusiastic about annexation because he could have to sell his land to pay for the taxes. Mayor Bacon recognized Ms. Joan Thomas who stated that the Cobb Voter's Coalition opposes annexation into the City of Smyrna due to the over -aggressive zoning. Mayor Bacon recognized Mr. Larry Frias, King Valley Road, who stated that he is against annexation due to the aggressive annexation and the lack of respect for the EPD. Mayor Bacon recognized Mr. David Cole, attorney, who stated that he believes that there are no grounds for this annexation and that citizens want less government and fewer taxes. Mr. Cole stated that the citizens would have been more agreeable if the City had requested a vote. Mayor Bacon recognized Mr. Bill Adams, Cobb Voter's Coalition, who stated that citizens should be consulted before annexation and that he believes that they are paying taxes without representation. Mayor Bacon recognized Mr. Tim W. Shirey who stated that he will move if the City annexes his property. Councilman Wood stated that proposed annexation notices were mailed to 585 landowners in an approximate 439-acre tract. Councilman Wood stated that the Cobb legislation voted unanimously in support of the law and that the reasons for island annexations are to clear up service delivery issues, jurisdictional issues, alignment of city boundaries and fairness. Councilman Wood made a motion to approve the annexation of 439-acre tract of island 4. Councilman Hawkins seconded the motion. Councilwoman Capilouto stated that the many childless adults pay school taxes because it is their civic responsibility and that many people become upset if they are paying taxes and someone else is reaping the benefits. Councilwoman Capilouto also told the citizens that many of their remarks have been rude and uncalled for. March 19, 2001 8 Councilman Newcomb stated that the State of Georgia General Assembly has given authority to cities and directed cities and counties to smooth out services boundaries. Motion was approved 7-0. FORMAL BUSINESS: (A) Personnel Policies and Procedures Manual —New Policy —Dress Code. Mr. Smith stated that this policy is proposed through the Human Resource Committee to use as a general guideline to determine an appropriate dress for City of Smyrna employees. Councilman Cramer made a motion to approve the new dress code policy, and Councilman Wood seconded the motion. Motion was approved 7-0. (B) Personnel Policies and Procedures Manual —Change —Nepotism. Mr. Smith stated that Mayor and Council adopted a former policy addressing nepotism in the early 1990's and that this change will clarify specific language in the Policy and Procedure Manual. Councilman Cramer made a motion to approve the Personnel Policies and Procedures manual change regarding nepotism, and Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Ordinance Amendment —Section 46-5—Graffiti Control Mr. Smith stated that the City of Smyrna has been concerned with the control of graffiti and thanked Ms. Kirk, Marshall Peace and Chief Hook for their diligence in combating graffiti. Mrs. Kirk stated that this ordinance deals with the responsibility of the property owner to remove graffiti in order to prevent the nuisance of graffiti. Mrs. Kirk stated that research has proven that the abatement of graffiti within 24 hours is very successful. Councilman Newcomb stated that the City has aggressively fought graffiti and that citizens, staff members and the business community have worked together to combat graffiti. Councilman Newcomb made a motion to approve Ordinance Amendment Section 46-5 on Graffiti Control, and Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Ordinance Amendment —Section 66-19—Graffiti. Councilman Newcomb stated that this ordinance will deal with the sale of the tools of graffiti and the accessibility of the graffiti implements. Mrs. Kirk stated that she has communicated with the SBA and that they are in support of this ordinance. Councilman Hawkins thanked Mrs. Kirk for her efforts. Councilman Newcomb made a motion to approve the Ordinance Amendment Section 66-19 on Graffiti, and Councilman Hawkins 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid Award-2001-004—Recover Operable Partition Wall Panels. Councilman Wood stated that bids to recover the operable partition wall panels in the Community Center were solicited from vendors with three vendors responding. Councilman Wood made a motion to award the bid to recover the operable partition wall panels to Acousti, Inc., the low bidder meeting specifications, for a total cost $11,985.00. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Bid Award-2001-005—Village Green Signage. March 19, 2001 Councilman Wood stated that bids for the Village Green signage were solicited from vendors with two vendors responding. Councilman Wood made a motion to award the bid for Village Green signage to Commercial Signs on Atlanta Road, the low bidder meeting specifications, for a total cost $14,385.00. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of March 5, 2001, Minutes. (B) Approval to Request Bids for Cleaning Products. (C) Approval to Request Bids for Rotary Heavy Duty Port Lift/194. Councilman Lnenicka made a motion to approve the Consent Agenda, and Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Mayor Bacon thanked Councilwoman Capilouto for her commitment to the City of Smyrna. Councilwoman Capilouto thanked the departments for their assistance, Council Members for their advice and citizens for their support. Councilman Newcomb recognized Mr. Miller who presented the building permit statistics for the month of February. Councilman Newcomb stated that he is delighted that Mr. Miller has joined the City of Smyrna. Councilman Newcomb stated that he appreciates Councilwoman Capilouto for addressing the island annexation comments and wishes her well. Councilman Scoggins stated that he wishes Councilwoman Capilouto all the best and that he will miss her. Councilman Hawkins stated that he will miss Councilwoman Capilouto and that she did a great job. Councilman Cramer stated that he has enjoyed working with Councilwoman Capilouto. Councilman Cramer stated that the meeting with the Chateau Walk subdivision was successful. Councilman Cramer encouraged citizens to contribute to the Veteran's Memorial. Councilman Lnenicka thanked the City Staff for their continued hard work and stated that every story has two sides. Councilman Lnenicka stated that the elected officials are honest, moral, ethical people and urged the public to not form an opinion until they have all the facts. Councilman Lnenicka thanked Councilwoman Capilouto for her service to the City of Smyrna. Councilman Wood recognized Mr. Ciaccio who stated that Campbell Middle School has scheduled a fundraiser on April 24' and invited Mayor and Council to participate in a Council/Faculty basketball game. Mr. Ciaccio stated that Cobb Park should be finished in the next 2 weeks weather permitting, and reservations for tables for the May 11`', concert must be made in advance. Councilman Wood recognized Ms. Bennett who stated that there would be a study circle meeting on Thursday in the library. Councilman Wood recognized Mr. Seigler who stated that the National Library Week will be the 1" week in April and that the Library received a grant to provide equipment for the vision impaired. Councilman Wood stated that people have the right to express themselves and that citizens have a responsibility to be fair and respectful. Councilman Wood thanked Charlene for her contribution to the City of Smyrna and stated that he has enjoyed working with her. March 19, 2001 10 Mr. Smith stated that he respects Councilwoman Capilouto for her outspokenness. Mister Smith congratulated Ranger Lloyd Platt's daughter on receiving a full scholarship to Vanderbilt. Mr. Smith stated that the City of Smyrna staff will be going the extra mile to earn the respect of the new citizens. Mr. Cochran stated that he will miss working with Councilwoman Capilouto. Mrs. Joiner wished Councilwoman Capilouto well and stated that she has enjoyed working with her. ADJOURNMENT With no further business, the meeting adjourned at 10:38 p.m. A. MAX BACON, MAYOR CHARLENE CAPILOUTO, WARD 1 BILL SCOGGINS, WARD 3 JACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 CANDIS JOINER, CITY CLERK RON NEWCOMB, WARD 2 JAMES M. HAWKINS, WARD 4 WADE S. LNENICKA, WARD 6