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05-07-2001 Regular MeetingMay 7, 2001 May 7, 2001 The regularly scheduled meeting of Mayor and Council was held May 7, 2001 at Smyrna City Hall. Presiding officer Mayor A. Max Bacon called the meeting to order. All council members were present. Also present was City Administrator Howard Smith, Deputy Clerk Kellie Barber and City Attorney Scott Cochran. Mayor Bacon recognized Mr. David Black, CHS Student Body President, and stated that Mr. Black will be conducting the Council Meeting as Honorary Mayor. Invocation was given by Dr. Tom Dohrman, CHS principal, followed by the pledge to the flag. CITIZENS INPUT: Students from Argyle Elementary School presented the Character Education Words for the month. Star teachers from Campbell High School were introduced and recognized by Dr. Dorhman. Honorary Mayor David Black presented a check on behalf of the Campbell High School Student Government Association to Councilmen Newcomb and Scoggins. The $400.00 check is to be used to purchase paint to assist in the cleanup of businesses that have been vandalized by graffiti. Councilman Pete Wood read a proclamation recognizing Claire Eisenhower for her efforts as a charter member of the Friends of the Smyrna Library through her teaching of genealogy courses. Honorary Mayor Black recognized Mr. Millis who presented Mayor and Council with the May, 2001 edition of Popular Science magazine and stated that there is an article focusing on his son, Marc Willis. Mr. Millis stated that his son is a graduate of Campbell High School and is working with NASA space program as a rocket scientist. Honorary Mayor Black recognized a gentleman from Creatwood Trail who expressed his concerns. Honorary Mayor Black recognized Ms. Melleny Pritchett, a resident of Ward 1 introduced herself as a candidate for the Ward 1 council seat to fill the unexpired term of Charlene Capilouto and asked for residents of that ward to vote for her at the special election of June 19, 2001. Honorary Mayor Black recognized Ms. Rose Cundy who addressed council regarding a sewer backup in her home several months ago and stated the claim has still not been settled with the insurance company and she needs this matter resolved. Scott Cochran said this matter was in the hands of the insurance company and he had spoken with the claims adjuster several times. Apparently they have a demand that they feel is not reasonable and they have taken a hard line approach. Mr. Cochran said he was doing all that he could do to help expedite the claims. PUBLIC HEARINGS: (A) Privileged license request — Hacienda Los Mariachis — 821 C Concord Road — Retail pouring (beer, wine and liquor) City Administrator Howard stated the applicant, Jose Fabian Alvarado, has received a copy of the alcoholic beverage ordinance and the Business License officer has reviewed May 7, 2001 the guidelines with him. The police investigation reveals nothing to preclude the issuance of this license. Honorary Black stated that this is a public hearing and asked for public comment. -� There was none. Susan Santiagos with the Hispanic Services Foundation was present with owner Adan Laguna and applicant Jose Fabian Alvarado to interpret. Ms. Santiagos stated that Mr. Alvarado has reviewed the ordinance requirements and has experience in serving alcohol. Councilman Hawkins said that each jurisdiction has their own requirements for serving alcohol and questioned Mr. Alvarado to ensure that he was able to look at drivers's license and verify age. Councilman Hawkins advised that the City of Smyrna and Cobb County would from time to time conduct undercover sting operations. Councilman Hawkins reminded Mr. Alvarado that all of his servers should be fingerprinted and permitted at the Smyrna Police Department, and that they are trained to know and understand all the rules. Councilman Hawkins stated the license appears to be in order and made a motion the license be approved as requested. Councilman Pete Wood seconded the motion, which carried 6-0. (B) Privileged license request — E-Z Serve Convenience Store d/b/a Swifty Serve, #8140 — 2610 Cobb Parkway — Retail package beer and wine — Agent change Honorary Black stated that this is a public hearing and asked for public comment. There was none. The applicant, Mohammad Abdul Jabbar, was not present. Councilman Wade Lnenicka said he had spoken with the Business License Officer today and she had assured him that the applicant and their attorney had been contacted, and this is the second meeting where they have failed to appear. Councilman Hawkins made a motion the license be denied. Councilman Ron Newcomb seconded the motion, which carried 6-0. (C) Privileged license request — E-Z Serve Convenience Store c/b/a Swifty Serve #8106 — 902 Windy Hill Road — Retail package beer and wine — Agent change Honorary Black stated that this is a public hearing and asked for public comment. There was none. Councilman Hawkins made a motion the license be denied. Councilman Newcomb seconded the motion, which carried 6-0. (D) Privileged license request — E-Z Serve Convenience Store d/b/a Swifty Serve #8161 — 1166 Concord Road — Retail package beer and wine — Agent change Honorary Black stated that this is a public hearing and asked for public comment. There was none. Councilman Hawkins made a motion the license be denied. Councilman Newcomb seconded the motion, which carried 6-0. (E) Variance request — Dentfirst, PC — 2697 Spring Road - add sign to existing pole sign Howard Smith said this property is located in the Spring Road Overlay District, which requires all freestanding signs to be monument -style with a maximum height of 8 feet and area of 32 square feet. The existing pole sign for the shopping center at 2697 Spring Road was constructed prior to the overlay district standards and is considered a legal non -conforming sign. The applicant's request to add a new sign requires a variance because the sign area for existing non- conforming pole signs in the overlay district cannot be expanded. Honorary Black stated that this is a public hearing and asked for public comment. There was none. Applicant Brian J. Dowd said he has been a dentist here since 1982 and due to growth of their business, needed to relocate. In order to place back a sign of equal size they need a variance. There was no opposition. Councilman Newcomb said this is the sign at the Papa John's shopping May 7, 2001 3 center and there is an existing pole sign advertising several businesses at that location. Dr. Dowd's request is for a replacement sign to fill a blank space on the existing pole, no larger than the Japanese restaurant sign below it. Councilman Newcomb said this is a unique hardship in that there is not another solution and there was, in fact, another sign there before. Councilman Newcomb made a motion the variance be approved to add a sign to the existing pole sign, provided it is no larger than the Japanese restaurant sign below it and conditional upon removal of the phone number for Papa John's Pizza. Councilman Bill Scoggins seconded the motion, which carried 6-0. (F) Variance request — 2985 Highland Drive — allow 16' high accessory structure Howard Smith stated the applicant, David Wolski, is the owner of this single family home and recently installed a storage shed without first obtaining a building permit. During permit review, the City noted that the shed exceeds the maximum height permitted by approximately one foot. Honorary Black stated that this is a public hearing and asked for public comment. There was none. Mr. Wolski said the structure is already in place and it exceeds the 15-foot maximum height allowed by ordinance. Since moving into the house in 1995, they have made numerous interior and exterior improvements to meet their needs, and increase the aesthetic value of the neighborhood. A notice of the variance hearing was posted and several neighbors were present to show their support of Mr. Wolski's request. Councilman Newcomb said this is a good addition to the property and made a motion the variance be approved as requested. Councilman Pete Wood seconded the motion, which carried 7-0. (G) Variance request — Windy Hill and Cherokee Trail — allow 46.63 square feet monument sign Howard Smith stated this parcel is located in the Windy Hill Overlay District which provides for a maximum sign area of 32 square feet for free-standing monument signs. The applicant, Lance Oil Company, is requesting a variance to permit a freestanding monument sign containing 46.63 square feet. Honorary Black stated that this is a public hearing and asked for public comment. There was none. Councilman Jack Cramer said there had been some concern expressed regarding the two variances being requested for this site and he had arranged a meeting with Royce Brooks, representing Lance Oil. Councilman Cramer made a motion the variance be tabled to May 21, 2001. Councilman Ron Newcomb seconded the motion, which carried 6-0. (H) Variance request — Windy Hill and Cherokee Trail — allow signage on 3 sides of proposed structure. Howard Smith said this is the second variance related to this business. This variance will allow signage on three sides since it is a corner lot. Royce Brooks said that Teague Texaco operated from this location for about 25 years but the full service station is now a thing of the past. They bought the property to convert to a convenience store with gasoline sales. Honorary Black stated that this is a public hearing and asked for public comment. City Attorney Cochran administered the oath to those wishing to speak. Ruby Moore, a resident of Cherokee Trail was sworn in by Attorney Scott Cochran and stated they were opposed to any alcoholic beverages being sold from this location and coming near their homes. Connie Spruce was sworn in and stated she lives directly behind this property and is not happy about their proposal. When they graded the property for the service station 25 years ago they damaged the foundation of her house. May 7, 2001 4 Lavona Strickland of 891 Cherokee Trail said the people who live on Cherokee Trail are mostly elderly and this is a quiet residential street. Ms. Strickland said they felt the City Council was letting them down and they are already having a problem with the taxi company and hair salon next to the station. Councilman Cramer said this property is zoned General Commercial and they could not prevent a business from locating there. Councilman Cramer said a meeting would be arranged between Lance Oil and residents to address the concerns expressed here tonight. Councilman Cramer made a motion that this variance request also be tabled to the May 21, 2001 meeting. Councilman Wade Lnenicka seconded the motion, which carried 6-0. FORMAL BUSINESS: (A) Authorize acceptance of Arcadis Geraghty and Miller for the concept design of the Concord Road linear park Howard Smith said this concept study is the first in the construction of a linear park along Concord Road from Atlanta Road to South Cobb Drive. Our city engineer was able to procure a grant of $500,000 Transportation Enhancement grant and he is to be commended for that. Councilman Hawkins said we were fortunate enough to receive this award. The study will be for an area that has gone through quite a transition as a residential street in the 1970's to a change in zoning to commercial use. The contract award will allow them to do a preliminary concept so that we can decide what needs to be done. Councilman Hawkins made a motion to award the contract to Arcadis Geraghty for phase 1 of the concept study. Councilman Newcomb seconded the motion, which carried 6-0. (B) Appoint interim City Clerk and Records Custodian Howard Smith stated that Candis Joiner retired April 30`h and there is a need to appoint someone as acting City Clerk and to be the official custodian of official records until that position is filled. Councilman Hawkins made a motion that Kellie Barber be appointed as interim City Clerk and records custodian. Councilman Bill Scoggins seconded the motion, which carried 6-0. (C) Authorize the Mayor to execute an agreement with GKJ Development, LLC for the development of the downtown village market Howard Smith said this process began in the late 1980's and we have had several false starts on development of the village market concept on the 5 acres in front of City Hall. Councilman Pete Wood said that several weeks ago the City approved a contract with Welker & Associates for engineering work on this site. At the last meeting the Mayor was authorized to sign a contract with Sizemore -Floyd for planning and construction management. Now we are at the point of moving forward with negotiations with GKJ Development for actual development. This project has been a part of a 10-year master plan and is the final phase of what was approved at that time. Councilman Wood made a motion that the Mayor be authorized to execute an agreement with GKJ Development for the development of the downtown village market project. Councilman Lnenicka seconded the motion and said he strongly supported this agreement, and the culmination of 14 years of work on this council. It has taken a very long time to find a plan that is acceptable, with the right mix of architectural style and use of the land. Councilman Lnenicka apologized that it has taken so long, but felt that in 18 months the citizens of Smyrna would be very happy with their new downtown. Vote on the motion carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Approval of April 16, 2001 council meeting minutes (B) Approval to purchase 3 new police package Crown Victoria vehicles (C) Approval to request bids for sod installation at Campbell Middle School, Tolleson Park, and Jonquil Park using contingency fund account monies (D) Approval to request bids for Chuck Camp Phase II development (E) Approval to request bids for replacement bus for the Programs Division's senior activities Lnenicka apologized that it has taken so long, but felt that in 18 months the citizens of Smyrna would be very happy with their new downtown. Vote on the motion carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Approval of April 16, 2001 council meeting minutes (B) Approval to purchase 3 new police package Crown Victoria vehicles (C) Approval to request bids for sod installation at Campbell Middle School, Tolleson Park, and Jonquil Park using contingency fund account monies (D) Approval to request bids for Chuck Camp Phase II development (E) Approval to request bids for replacement bus for the Programs Division's senior activities Councilman Wade Lnenicka made a motion the consent agenda be approved as read. Councilman Pete Wood seconded the motion, which carried 6-0. COMMITTEE REPORTS: Mayor Bacon stated that Max Parnell passed away at Wellstar Hospital yesterday. Max was a prison of war in World War II and was shot down on Christmas Eve in 1944 and was in the POW camp for a long time, while family members thought he was dead. Max was a long time resident of Smyrna and Mayor Bacon said he had always been proud to tell others that Max was his godfather. Councilman Ron Newcomb stated it is good to be moving on the downtown although we are a year or two behind where we had originally planned. The linear park on Spring Road is also behind schedule due to delays by contractor. The survey process started last week so we hope they will get started very quickly. The main part to be finished is the linear park portion on the north side of Spring between Carolyn Drive and Village Parkway. Councilman Pete Wood said that everyone would miss Max Parnell in the community because he made many contributions. Councilman Jack Cramer said he would have a special meeting with residents on Cherokee Trail to address some of their concerns with the two variances that were discussed tonight. Councilman Cramer said that Max Parnell was a hero, and the veteran's memorial planned for the corner of Bank and King Street is to honor people like Max. Councilman Bill Scoggins said that Max Parnell was also a friend to him and he will be missed. Councilman Scoggins reminded the citizens that there is a charge for special pickups of appliances and if they have a special pickup they should call Public Works. Councilman Wade Lnenicka said he spoke recently at the annual meeting of the Vinings Homeowners Association and it came to his attention that there is a rumor that Smyrna is going to annex Vinings. The people there were assured that Vinings would not be annexed and it is not possible to do that unless the residents request it. Councilman Lnenicka also expressed his condolences to the Parnell family and stated that Max was a quiet hero. He did some extraordinary things, and one of the things that he wanted very much to see was our veteran's memorial. Councilman Jim Hawkins said he thought it was important to recognize people like Mr. Marc Millis, and he appreciated it being brought to their attention tonight. This is a young man who went to Campbell High School and then Georgia Tech and certainly is one of the leaders in our country in developing space travel. Councilman Hawkins said he would hope that Campbell High School could do something to honor Mr. Millis. Also, Max Parnell is part of a generation that we don't see very much in our country. He was one of the local heroes and will be missed, but not forgotten. Councilman Hawkins said he is very pleased to have a design concept for Concord Road to include some type of bicycle/pedestrian path, which would eventually connect to the Silver Comet Trail. Mr. Black thanked the City of Smyrna for the opportunity of conducting the meeting tonight and for the opportunity it gives students to exhibit their active interest in the community. Howard Smith advised that the first restaurant in the downtown area would be opening next week, Smyrna Ice Cream and Deli. SHOW CAUSE HEARING: (A) (A) Show cause hearing — business license violation — New Age Imports, 747 Concord Road City Marshal Martin H. Peace stated that New Age Imports had been cited on January 3, 2001 by the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle parts Dealers, Used Car Division. The inspection report of January 3, 2001 revealed violations of failure to apply for title in the retail purchaser's name within 30 calendar days after date of sale and failure to furnish appropriate documents required for tag transfer to a retail purchaser within 30 days or purchase. Mr. Peace said he had temporarily suspended the license and this hearing tonight is to consider the suspension or revocation of the license. Notice of the hearing was sent via registered mail to Mr. Dozie A. Idedife, owner/agent of the establishment but he is not present tonight. Councilman Hawkins made a motion the license be permanently revoked. Councilman Scoggins seconded the motion, which carried 6-0. With no further business, meeting adjourned at 9:15 p.m. May 7, 2001 VA A. MAX BACON, MAYOR WARD 1 (VACANT) /LtYri BILL SCOGGINS_W D 3 CHARLES PETE WOOD, KELLIE BARBER, ACTING CLERK w RON NEWCOMB, WARD 2 /.I Only..�, Resolution Emergency Telephone Number 911 WHEREAS, The City of Smyrna is operating an enhanced "911" system which facilitates the dispatching of emergency services to the residents of Smyrna; and WHEREAS, The City of Smyrna has imposed and collected a monthly "911" charge of $1.50 from telephone subscribers within the area served by such system; and WHEREAS, The City of Smyrna has established a separate restricted revenue fund into which these "911" charges are deposited; and WHEREAS, these funds alone are not sufficient to pay for the operation of the enhanced "911" system; and WHEREAS, The City of Smyrna must annually reaffirm the need for the $1.50 "911" charge on telephone subscribers; Ct NOW, THEREFORE, BE IT RESOLVED that the City of Smyrna City Council, by resolution, reaffirm the necessity for the $1.50 "911" charge on telephone subscribers served by the enhanced "911" system for fiscal year Passed this 21 s t day of, May A. Max Bacon, Mayor 2001.