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06-17-2002 Regular MeetingJune 17, 2002 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 Council Member I-lawkins. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Community Relations Director Jennifer Bennett, Budget Analyst Greg Van Antwerp, Police Chief Stan Hook, City Engineer Ken Hildebrandt, Keep Smyrna Beautiful Director Ann Kirk, Community Development Director Chris Miller, Library Director Michael Seigler, Fire Chief Larry Williams, and representatives of the press. Invocation was given by Father David Monroe of the Church of the Holy Trinity, followed by the pledge to the flag. CITIZENS INPUT/SPECIAL RECOGNITION: Mayor Bacon recognized Chief Williams, who recognized and commended Jeremy Waldrip for his calm response when calling 911 on May 17, 2002, when Jeremy's grandmother needed emergency assistance. Mayor Bacon recognized Representative Terry Johnson, who urged citizens to vote on August 20 for the Homestead Exemption provisions. Representative Johnson stated he will be a candidate for the State Senate in the upcoming elections, and asked those present for their support. Mayor Bacon recognized Representative Ginger Collins, who stated she will be a candidate for the State Senate District 6 position in the upcoming elections, and asked those present for their support. Mayor Bacon recognized Mr. Jimmy Flanagin, who discussed his campaign for State Senate. Mr. Flanagin asked those present for their support. Mayor Bacon recognized Mr. Ed Thomas, who stated he will be a candidate for the State House District 33, Post 2 in the upcoming elections, and asked those present for their support. Mayor Bacon recognized Mr. Charles Levinson, who stated the City's representative districts are split seven ways, i.e., District 34, Posts 1, 2 and 3, and District 33, Posts 1, 2 and 3, plus one more. Mr. Levinson expressed his support for candidate Ginger Collins. MAYOR'S REPORT: Mayor Bacon advised the audience that the rezoning items on the agenda submitted by Ashton Atlanta Residential have been withdrawn without prejudice. Mayor Bacon welcomed Mr. Wright to the City. PUBLIC HEARINGS: (A) Privileged License Request — Retail Pouring (beer and wine) - Glen Rock Holding Corp., DBA AmeriSuites-Smyrna — 2876 Spring Hill Parkway — Agent Change Mr. Wright stated that .lames E. Dykes has requested that the alcoholic beverage license for Glen Rock Holding Corp., DBA AmeriSuites-Smyrna (GRHC), be transferred to his name. Mr. Wright stated that investigation by the Smyrna Police Department (SPD) has disclosed no information that would preclude issuance of the license, and that it appears that the other requirements of the City Code of Ordinances have been met. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Scott Morris introduced himself as GRHC's attorney. Council Member Pritchett asked Mr. Dykes if he has been furnished with a copy of the Alcohol Beverage Ordinance and if the Business License Officer has reviewed the guidelines with him, and Mr. Dykes answered in the affirmative. Council Member Pritchett asked Mr. Dykes what his plans are for identifying underage customers, and Mr. Dykes stated that all customers will be asked to provide identification. Council Member Pritchett asked Mr. Dykes what plans he has in place for training employees to sell alcoholic beverages properly, and Mr. Dykes answered that GRI-IC has some 260 locations nationwide with a comprehensive training program in place, including alcoholic beverage sales training. Council Member Pritchett advised Mr. Dykes that the SPD conducts June 17, 2002 2 compliance checks at businesses to ensure that the alcohol sales guidelines are being adhered to, and that the City is serious about preventing sales of alcoholic beverages to underage persons. Council Member Pritchett asked Mr. Dykes if he has previously been a registered agent for an establishment selling alcoholic beverages, and Mr. Dykes answered in the affirmative. Council Member Pritchett asked Mr. Dykes approximately how much time each week he will be at the subject location, and Mr. Dykes stated one day each week. Council Member Pritchett asked Mr. Dykes who will be supervising the servers at the subject location, and Mr. Dykes stated the General Manger will be supervising the servers. Mayor Bacon asked Mr. Dykes if there is a lounge -type operation at the location, and Mr. Dykes stated that there will be a hospitality area open in the lobby of the hotel for only two hours per week on Wednesday afternoons from 5:00 p.m. to 7:00 p.m. MOTION: Council Member Pritchett made a motion to approve a change of registered agent for a privileged license for retail pouring of beer and wine at GRHC DBA Amerisuites-Smyrna, 2876 Spring Hill Parkway, to Mr. James G. Dykes, and the motion was seconded by Council Member Newcomb. Motion was approved 6 — 0. (B) Privileged License Request — Retail Pouring (beer, wine and liquor) - Ruby Tuesday, inc., DBA Ruby Tuesday — 3197 South Cobb Drive — Agent Change Mr. Wright stated that Christopher George Kinney has requested that the alcoholic beverage license for Ruby Tuesday, inc., DBA Ruby Tuesday (RT) be transferred to his name. Mr. Wright stated that investigation by the Smyrna Police Department (SPD) has disclosed no information that would preclude issuance of the license, and that it appears that the other requirements of the City Code of Ordinances have been met. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Bret Block introduced himself as RT's attorney. Council Member Wood asked Mr. Kinney if the existing license is for beer, wine and liquor, and Mr. Kinney confirmed that it is. Council Member Wood asked Mr. Kinney if lie presently works at the licensed location on a daily basis, and Mr. Kinney answered in the affirmative. Council Member Wood asked Mr. Kinney if RT still has a training program for alcoholic beverage sales in place and if new personnel are afforded this training, and Mr. Kinney answered in the affirmative. Council Member Wood explained that SPD conducts compliance checks at businesses to ensure that the alcohol sales guidelines are being adhered to, and Mr. Kinney stated he is aware of the compliance checks. Council Member Wood stated that the application appears to be in good order and that RT seems to have a good training program for alcoholic beverage sales in place. MOTION: Council Member Wood made a motion to approve a change of registered agent for a privileged license for retail pouring of liquor, beer and wine at Ruby Tuesday, inc., DBA as Ruby Tuesday, 3197 South Cobb Drive for Christopher George Kinney, and the motion was seconded by Council Member Cramer. Motion was approved 6 — 0. (C) Privileged License Request — Retail Pouring (beer and wine) - Sarah's Pizza DBA Johnny's New York Style Pizza — 1435 Highlands Ridge Road — New Application Mr. Wright stated that Sarah Ann Titus Fragnoli has requested a new alcoholic beverage license for Sarah's Pizza DBA Johnny's New York Style Pizza (JNYSP) at 1435 Highlands Ridge Road. Mr. Wright stated that investigation by the Smyrna Police Department (SPD) has disclosed no information that would preclude issuance of the license, and that it appears that the other requirements of the City Code of Ordinances have been met. Mayor Bacon recognized Ms. Fragnoli. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood asked Ms. Fragnoli if she has been furnished with materials from the City setting fortli her responsibilities a registered agent, and Ms. Fragnoli answered in the affirmative. Council Member Wood asked Ms. Fragnoli if she has had experience as a holder of this type of license, and Ms. Fragnoli answered no. Council Member Wood asked Ms. Fragnoli if she has had experience in this type of retail operation, and Ms. Fragnoli answered no. Council Member Wood asked Ms. Fragnoli if she has familiarized herself with the alcohol sales guidelines and identification process, and Ms. Fragnoli answered in the affirmative. Council Member Wood asked Ms. Fragnoli to provide some details of the training for alcoholic beverage sales she plans to provide to JNYSP personnel. Ms. Fragnoli stated that all .INYSP servers will be trained to ask all customers who attempt to purchase alcoholic beverages to present identification and to check the dates of birth to make certain they are not underage. Ms. Fragnoli stated that all JNYSP servers will have this training updated on an annual basis. Council Member Wood asked Ms. June 17, 2002 Fragnoli if she will have direct supervision of JNYSP servers on a daily basis, and Ms. Fragnoli answered in the affirmative. MOTION: Council Member Wood made a motion to approve a privileged license request for a retail pouring license for beer and wine for Sarah's Pizza DBA Johnny's New York Style Pizza at 1435 Highlands Ridge Road with Sarah Ann Titus Fragnoli as the registered agent, and the motion was seconded by Council Member Lnenicka. Motion was approved 6 —0. (D) Rezoning Request — 10.06 Acre Tract from R-15 to RAD Conditional — Land Lot 488 Near Powder Springs Street — Jeffrey B. Freeman Developers, LLC Mr. Wright stated that the development proposal would provide for the construction of 38 single- family residences on lots with a minimum of 6,000 square feet, and that each lot would be served by an internal cul-de-sac connecting the individual driveways with Powder Springs Street. Mr. Wright stated that the overall density for the site would be 3.78 units per acre, and that the Planning and Zoning Board (PZB) has recommended that the request be denied. Mayor Bacon recognized Mr. Freeman and Mr. Jeff Bachman. Mayor Bacon stated this is a public hearing and asked for public comment, and Mr. Cochran administered the oath to several persons. Council Member Scoggins asked Mr. Freeman to provide details to those present regarding the proposed project. Mr. Freeman stated 38 homes in the $300,000 range are planned for construction, and showed those present illustrations of the planned architectural details. Mr. Freeman explained the plans that are in place to minimize removal of trees from the proposed construction site. Council Member Scoggins asked Mr. Freeman if he has built houses in the City previously, and Mr. Freeman answered this will be his third development in Smyrna. Council Member Scoggins stated that lie has understood that some individuals had some questions about the architectural style of the proposed dwellings, and Mr. Freeman stated that the elevations proposed for use at the proposed site are the result of meetings with individuals residing in the affected area. Council Member Scoggins stated he understands there may be some questions regarding egress at the proposed site, and Mr. Freeman stated that he has agreed to construct pedestrian access to connect with sidewalks. Council Member Scoggins stated he understands there may be some questions regarding trees in the affected area, and that Mr. Miller will read some stipulations regarding trees. Council Member Cramer asked Mr. Freeman if a fence will be built around the outside of the proposed subdivision, and Mr. Freeman said no. Council Member Lnenicka asked Mr. Freeman if the proposed project will be comprised of 38 dwellings and if a homeowners association (HOA) will be mandatory, and Mr. Freeman answered in the affirmative. Council Member Lnenicka asked Mr. Freeman if the proposed project will include a common area that could be used for HOA meetings, and Mr. Freeman answered no. Council Member Lnenicka asked Mr. Freeman if it would be possible to create such an area, and Mr. Freeman stated there is some common land, but that he has not given this matter any consideration. Council Member Lnenicka expressed the view that common areas can have a beneficial effect on the residents by enabling them to meet in person. Mayor Bacon asked Mr. Freeman if it would be possible to place a gazebo on the common land, and Mr. Freeman said he has not given the matter any thought. Council Member Newcomb asked if the sidewalk planned for the north side of the property near Powder Springs Street could be landscaped and curved, and Mr. Bachman stated that efforts could be made to impart a winding aspect to the sidewalk. Council Member Newcomb asked Mr. Bachman to provide details of the plans for minimizing tree removal, and Mr. Bachman stated a site plan is submitted with tree -save areas marked, and a site inspection is made to determine the number and type of trees in those designated areas. Mr. Bachman stated that, in accordance with the City ordinance, tree -save tape and signs are placed near the trees which are not to be disturbed. Mayor Bacon recognized Mr. Miller, and Council Member Scoggins asked Mr. Miller to read the stipulations: 1. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development. The development shall maintain the following minimum standards: front yard setback - 20', rear yard setback - 20', side yard setback - 5', separation between buildings - 15' and a minimum house size of 2,200 square feet of heated and cooled space excluding the garage and basement areas. The front, rear and side yards may be decreased for lots with rear garages subject to approval by staff. The elevations for each residence shall be similar architecturally with the elevations displayed in the Community Center and presented to the Mayor and Council at its .lone 17, 2002 Meeting. June 17, 2002 4 3. The storm water detention plan shall be designed to create at least a 10% reduction in a 100- year storm event. Tile City Engineer shall approve all plans. 4. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 5. All utilities within the development shall be underground. 6. The developer will comply with the City's current tree ordinance and plans shall be submitted to the City for review and comment prior to construction. 7. 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. 8. There shall be a landscaped front entrance, with monument, indicating the name of the development. Deceleration lanes shall be provided at the entrance if deemed necessary by the City Engineer. 9. No debris may be buried on any lot or common area. 10. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. l 1. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate, excluding the natural common area. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 13. Each lot shall have the following trees replanted per lot either: four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green 7_elkova. Other species may be used if approved by the City. In the event that a 12" caliper or larger hardwood tree is saved on a given lot, the replanting requirements for that given lot may be waived. 14. A tree survey shall be provided by the applicant prior to the Council Meeting demonstrating the number of trees and caliper ofcach tree to be preserved in the tree save area. 15. A sidewalk shall be added to the south side of Powder Springs Street along the perimeter of the subject development. The private internal street shall be built to the City's specifications and have a sidewalk on both sides. A pedestrian easement shall be provided to connect the private drive to Powder Springs Strect. 16. A minimum of 25% of the entire subdivision (a total of 9 homes, including lots 1, 2, 3, 29, 21, 27, 28 and 38) shall have four-sided elevations with either brick, stucco, stone, architectural shakes, board and batten or combination thereof. No home in the subdivision shall be comprised of 100% horizontal Hardy Plank Siding. 17. The developer shall provide a 10' landscape buffer along the south, east and west property boundaries. The buffer shall comply with Section 503 ol' the City's Zoning Code relative to the type of species to be planted within the buffer. 18. Developer shall provide a minimum of 20' buffer along Power Springs Street. A masonry wall, galvanized wrought iron fence, or combination of both shall be located behind lots 1-3 and 38 within this buffer. 19. A strip of brick pavers or stamped concrete shall be installed on the street entrance from Powder Springs Street for a minimum distance of 20 feet. Council Member Newcomb advised Mr. Miller that some statement regarding the impact of the new construction on the school system should be written to the County and a copy included in the rezoning file. Mayor Bacon recognized Mr. Greg I lubbard, a resident of I lill Street, who stated that, based on his professional experience, the largest tree that can survive in a 10' buffer is a 6" caliper tree. Mr. Hubbard stated that underground utilities are often installed bythe trench method as opposed to boring, and that trenching tends to be injurious to nearby trees. Mr. Hubbard stated that State June 17, 2002 5 regulations require a 50' buffer in areas near State waters, and that trees in this buffer cannot be counted in the tree -save tally. Mr. i4666ard advised that inclusion of many 30" trees in the tree - save count tends to distort the figures regarding trees spared as these are high -value trees in the calculation system used to determine the number of trees to be left undisturbed. Mayor Bacon asked Mr. Hubbard if he is of the view that a 10' buffer is not acceptable, and Mr. Hubbard replied that it is acceptable, but that large -caliper trees will not thrive in that size buffer. Mayor Bacon asked Mr. Hubbard what size buffer lie considered acceptable, and Mr. Hubbard stated that a 20' buffer will accommodate some larger trees of hardy variety, but that he has not seen the site survey and does not have enough information for a certain answer. Council Member Cramer stated that there are presently plans for a 20' buffer on one side of the development, and asked Mr. Hubbard if he considered a 20' buffer on all sides to be a better alternative. Mr. Hubbard stated he would not be comfortable with the changing of the zoning in the affected area, and that he believes the trees are an issue. Mayor Bacon recognized Ms. Gretchen Musser, a resident of Brown Circle, who presented a petition with 52 signatures stating opposition to the rezoning. Ms. Musser stated a main objection of the petitioners is the density of the proposed development. Ms. Musser expressed dis- satisfaction with the way the garages on the proposed structures are to be made. Mayor Bacon recognized Mr. Mickey Adams, a resident of Powder Springs Street, who stated that he does not believe anyone tried to contact him about the petition presented by Ms. Musser, and that he believes he could probably produce a petition of his own with a similar number of signatures of individuals supporting the proposed development. Mr. Adams stated he supports the proposed development. Mr. Adams stated that many of the existing houses in the subject area are rental houses, and there have been many problems associated with the renters in the area, including many problems requiring police response. Mr. Adams expressed appreciation of the fact that the developer has shown a willingness to take the views of the surrounding residents into consideration regarding the design of the proposed houses. Mr. Adams stated he would like to see a lower construction density, but he does not want to keep waiting for conditions in the area to improve. Mr. Adams stated it is not realistic to expect private individuals to acquire and renovate some of the problem houses in the area in a way that makes economic sense, and that development of the type proposed is a logical step. Mayor Bacon recognized Ms. Robin Millard, a resident of Hamby Street, who expressed concern about the potentially unfavorable environmental impact that development, especially of the higher -density type, seems to be having on the Atlanta area and the country in general. Ms. Millard expressed opposition to the proposed development, and recommended preservation of the wooded area in the subject location. Mayor Bacon recognized Ms. Tracy Clark, residing at 1119 Powder Springs Street, who expressed appreciation of the fact that the developer has shown a willingness to take the views of the surrounding residents into consideration regarding the design of the proposed houses, and stated that she and her husband were never contacted regarding the petition presented by Ms. Musser. Ms. Clark stated that, like Mr. Adams, she is concerned about some of the activities she observes at some of the existing rental properties in the subject area. Ms. Clark stated that she and her husband are excited about the proposed development, and she believes the new construction is positive progress and will be beneficial to the area. Mayor Bacon recognized Mr. Woody Pierce, who will soon be residing at 1050 Powder Springs Street, who expressed support for the proposed development. Mr. Pierce stated that some of the existing rental houses in the subject area are a problem, and that if the proposed development does not go forward, some steps will have to be taken to correct the problem. Council Member Cramer asked Mr. Pierce what type of house lie plans to build on Powder Springs Street, and Mr. Pierce stated it will be a combination of brick and Hardie plank. Mr. Pierce stated the proposed new development is one consideration that prompted him to commit to building his new house. Mayor Bacon recognized Ms. Tara Ackerman, residing on Hill Street, who commented favorably about the developer, and expressed support for the proposed development. Council Member Cramer stated that the number of units per acre proposed by the developer is at the lower end of the medium -density scale. Mayor Bacon recognized Mr. Mike West, residing at 1159 Powder Springs Street, who expressed concern about the construction density at the proposed site. Mr. West stated there will be a diversion of the creek at the entrance using a pipe to redirect the flow. Mr. West stated that when a pipe is used, there are limits to capacity. Mr. West asked who would be responsible for this type of infrastructure after the houses are sold, and Mayor Bacon stated the City will maintain the roads and the easement. Council Member Cramer stated the City Engineer is charged with the responsibility of making certain the developer uses the right size pipe. Council Member June 17, 2002 n Newcomb asked Mr. West if lie is looking for assurances that the creek will be protected during the construction process, and Mr. West said yes. Council Member Newcomb asked Mr. West if he is looking for assurances that the creek will not be obstructed by any pipe used, and Mr. West said yes. Mr. Miller stated he believes the City has demonstrated the ability to properly delineate a stream buffer and mark it to prevent intrusion, and that construction will be done in compliance with State and local requirements. Council Member Newcomb asked Mr. Miller if constant monitoring will be done during construction, and Mr. Miller stated the site inspector will check the location at least three times weekly and more in the event of rain. Mayor Bacon asked Mr. Miller if it is correct that the developer is not required to obtain certain permits before zoning is approved, and Mr. Miller answered in the affirmative. Mayor Bacon recognized Ms. Jenny Hubbard Young, residing on Fleming Street, who expressed concern that the elected officials present have not asked any questions about the impact of the. proposed development on traffic in the area. Mr. Hildebrandt said that the proposed development would result in an increased number of vehicles in the area, and that the development entrance and acceleration/deceleration lanes will be studied: Council Member Cramer asked if the developer has agreed to build a deceleration lane, and Mr. Hildebrandt said the matter will be studied and one will be installed if appropriate. Council Member Wood asked Mr. Hildebrandt if there are formulas that can be used to get a more realistic view of the potential impact of more vehicles, and Mr. Hildebrandt answered in the affirmative. Mayor Bacon recognized Ms. Debra Strader, residing on Hughes Street, who expressed concern about the construction density at the proposed site and the RAD Conditional zoning. Ms. Strader expressed concern about the proposed private road, which will require some traffic to cross the creek. Mayor Bacon stated that RAD Conditional zoning requires that a plan be submitted, and that no deviation from the plan is permitted. Mayor Bacon recognized Mr. Cy Gannuch, residing at 2930 Mann Street, who expressed the view that the proposed construction will be beneficial to the area. Mr. Gannuch stated that although some trees are lost to development, the City does have plans for some replanting. Mayor Bacon recognized a Mr. Richards, residing at 1041 Bank Street, who expressed concern about the construction density at the proposed site, and the potential negative impact on the number of trees in the area. Mayor Bacon recognized Mr. Cos Martin, residing on Brown Circle, who expressed the view that the proposed new houses are expensive in relation to existing houses in the area. Mayor Bacon recognized Mr. Mickey Adams, who expressed concern about the traffic in the area, and stated that a stop sign in the area would be beneficial. Council Member Newcomb asked Mr. Miller about the possibility of increased rear yard setbacks, and Mr. Miller advised that lots could be evaluated individually as to the impact of setback on trees, and that the City Arborist could be involved as part of the site review process for these lots. Council Member Newcomb asked Mr. Miller if it is possible to get more than 10' in terms of some type of guarantee of an undisturbed zone. Mr. Bachman stated it is the developer's preference to allow staff and the arborist to review the lots individually, and that it would be difficult to change the stipulations at this point before some engineering work is done. Council Member Newcomb asked Mr. Miller if he has the authority to compel the builder to preserve trees when there is no reason to take them. Mr. Miller stated that staff makes efforts to preserve as many trees as possible, and this seems to be what most citizens want. Mayor Bacon stated that it is not possible to build houses without loss of some trees. Council Member Newcomb expressed concern about the number of large older trees being lost, and stated that the tree ordinance needs to be strengthened. Council Member Wood asked Mr. Miller if a private street in the proposed development will be built in such a way as to accommodate emergency vehicles, and Mr. Miller stated the Fire Marshal will check to make certain emergency vehicles can operate on the street. Council Member Scoggins stated there is a need for balance between conservation and progress. MOTION: Council Member Scoggins made a motion to approve a rezoning request for a 10.06 acre tract from R-15 to RAD Conditional for Land Lot 488 near Powder Springs Street for Jeffrey B. Freeman Developers, LLC, and the motion was seconded by Council Member Cramer. Council Member Lnenicka asked if construction of a sidewalk at a cul-de-sac to Powder Springs Street as pedestrian access to the Village Green is included in the stipulations, and Mr. Freeman stated such an addition will be acceptable. Council Member Lnenicka asked if the vote could be made to include this added stipulation, and Council Member Scoggins stated that the builder was opposed to this stipulation when it was originally discussed. Mayor Bacon asked if the motion includes the added stipulation, and indicated that acknowledgement to the effect June 17, 2002 7 that it does was received. Council Member Lnenicka expressed appreciation to Council Members Hawkins and Scoggins for their work on this matter, commended the developer for his cooperation and diligence, and expressed thanks to the citizens for their interest in the community's direction. Motion was approved 6 — 0. (E) Land Use Change Request — 10.06 Acre Tract from Low -Density Residential to Medium Density Residential - Land Lot 488 Near Powder Springs Street — Jeffrey B. Freeman Developers, LLC MOTION: Council Member Scoggins made a motion to approve a land use change request for a 10.06 acre tract from Low -Density Residential to Medium Density Residential for Land Lot 488 near Powder Springs Street, for Jeffrey B. Freeman Developers, LLC, and the motion was seconded by Council Member Cramer. Motion was approved 6 — 0. (F) Rezoning Request — 2.5 Acre Tract from R-20 to TD-Conditional — Land Lots 476 and 533 Near E/W Connector, Mavell Road and Silver Comet Trail — Ashton Atlanta Residential WITHDRAWN (G) Land Use Change Request - 2.5 Acre Tract from Low -Density Residential to Medium - Density Residential - Land Lots 476 and 533 Near E/W Connector, Mavell Road and Silver Comet Trail — Ashton Atlanta Residential WITHDRAWN (H) Approval of Zoning Code Text Amendment — Definition of Flea Market Mr. Wright stated the proposed Zoning Code amendment would add a definition for a flea market to differentiate them from the other general retail uses which are permitted in the City. Mr. Wright stated the inclusion of a definition unique to flea markets will help eliminate any confusion about this use in the City in the future. Mr. Wright stated this matter was advertised for public hearing at the June 3, 2002 Council meeting and was continued to this date. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka discussed characteristics offlea markets, including the fact that many are temporary in nature. Council Member Lnenicka stated that flea market operations that are established on a more permanent basis should be subject to site plan reviews to make certain that infrastructure and traffic circulation issues are addressed in a professional way to ensure the operations run smoothly. Council Member Lnenicka read the definition of flea market proposed for Section 402 of the Zoning Code: Flea Market — a place where merchandise is exposed for sale in an open area or enclosed structure where groups of individual sellers with designated positions occupied by different sellers offer merchandise for sale to the public. Council Member Lnenicka stated the clearer definition of flea market should help staff to regulate these types of operations and require them to meet infrastructure requirements and other requirements. MOTION: Council Member Lnenicka made a motion to approve a Zoning Code text amendment for Section 402 (definition of flea market ) and the motion was seconded by Council Member Wood. Motion was approved 6 — 0. FORMAL BUSINESS: (A) Approval of Proposed Fiscal Year 2003 Budget Mr. Wright stated a public hearing was held on the new budget on .tune 3, 2002. Mr. Wright stated the budget is in the amount of $42,253,422, a 5% increase over last year. Mr. Wright stated the new budget is balanced. Council Member Wood stated the budget is for Fiscal Year 2003 which begins on July 1, 2002. Council Member Wood stated a public hearing was held at the June 3, 2002 Council meeting regarding the proposed budget, and that the hearing was advertised in the May 20 and May 27 editions of the Marietta Daily Journal. Council Member Wood stated the new budget in the amount of $42,253,422 has been made available for public inspection at City Hall. Council Member Wood provided some specifics concerning the budget, including sources of revenue by percentage. Council Member Wood stated the budget is predicated on a tentative millage rate of 10.1 mills, the current rate, and that a definite millage rate cannot be set until a digest is received June 17, 2002 from the County around August. Mr. Van Antwerp expressed appreciation to all those involved in the budget process for their efforts. MOTION: Council Member Wood made a motion to approve the Fiscal Year 2003 budget in the amount of $42,253,422, and the motion was seconded by Council Member Lnenicka. Motion was approved 6 — 0. (B) Approval of Resolution for Adoption of Short Term Work Program Mr. Wright stated that the State requires local governments to prepare and submit an update to the Short Term Work Program (STWP) every five years, and that in March of this year the Council approved a resolution for the STWP to be submitted to the State for review. Mr. Wright stated the State has completed the review process, and that the approved STWP will need to be adopted through a second resolution. MOTION: Council Member Lnenicka made a motion to approve the resolution adopting the Short Term Work Program, and the motion was seconded by Council Member Cramer. Motion was approved 6 — 0. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of June 3, 2002 Minutes (B) Request for Bid — Replacement of Sewer Cleaning Truck During March of the current year, the old truck was destroyed by fire. On June 11, 2002 the Public Works Committee met and approved this request for bid. (C) Approval of Contract Renewal for Landfill Disposal This a proposed contract renewal for Waste Management at the following rates: Solid Waste $27.92/ton $27.25/ton C & D Material $27.50/ton $26.50/ton Inert Material $20.00/ton $20.00/ton On June 11, 2002 the Public Works Committee met and approved this renewal. (D) Bid Award — Street Sweeping Services Three vendors were solicited for sweeping bids, and two responded. Public Works and Purchasing have reviewed the proposals and recommend award to Sweeping Corporation of America, the low bidder, in the amount of $36.50 per curb mile. (E) Approval of Installation of Speed Humps in Vinings Estates A petition for speed hump installation has been received from the residents of Vinings Estates, and all requirements orthe speed hump policy have been met. (F) Approval of Installation of Speed Humps on Pinehill Drive A petition for speed hump installation has been received from the residents of Pinehill Drive, and all requirements of the speed hump policy have been met. (G) Bid Award — Global Position System Equipment Three vendors were solicited for bids and one responded. The product under consideration is territorial by vendor which accounts for the limited bid response. Public Works and Purchasing have reviewed the proposal and recommend award to Earl Dudley and Assoc., Inc., the responding bidder, in the amount of $59,096. This equipment will be used to model the sanitary sewer system and geographically locate and position our water and sewer system infrastructure. (H) Approval of Use of Council Chambers for Board Meeting on June 26, 2002 from 7:00 P.M. to 9:00 P.M. (I) Approval of Acceptance of Donation of Real Estate from Arthur Crowe on .Jonquil Drive. June 17.2002 9 MOTION: Council Member Scoggins made a motion to approve the consent agenda, and the motion was seconded by Council Member Cramer. Motion was approved 6 — 0. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Seigler, who provided details of the construction work on the genealogy room, youth activities and an art exhibition at the City Library. Mr. Seigler reported that attendance statistics for the City Library continue to trend upward. Council Member Pritchett recognized Ms. Bennett, who provided details regarding the City's summer concert program. Council Member Newcomb recognized Mr. Corey, and expressed his appreciation to Mr. Corey for his service as Interim City Administrator. Mr. Corey provided an overview of the positions for which the City is recruiting. Council Member Newcomb reminded those present of the ward meeting on June 26. Council Member Cramer recognized Mr. Stokes, who provided details regarding the holiday sanitation schedule for the first week of July, and discussed various improvement projects in the City. Council Member Cramer stated the Great American Clean Up will continue in Ward 5 in July, and reminded everyone that pavers are still available for the Veterans Memorial. Council Member Cramer recognized Ms. Kirk, who reported that a guidebook for City ordinances will soon be printed, and that these books will be going out in the July water bills. Ms. Kirk expressed appreciation to the residents of Poplar Creek for their assistance with a clean-up project. Council Member Lnenicka recognized Mr. Miller, who provided updated permit information. Mr. Miller reminded those present of the upcoming Growth Strategies Commission meeting, the date and time of which will be announced subsequently. Council Member Lnenicka welcomed Mr. Wright to his new post with the City. SHOW CAUSE HEARINGS: (A) Show Cause Hearing — Alcoholic Beverage Sales Violation — Hollywood Sports Center II — 3240 South Cobb Drive #L — Leh Jyi Suen, Agent Mayor Bacon recognized Sgt. Joseph Bennett of the Smyrna Police Department (SPD), who reported that on March 22, 2002, SPD officers, in cooperation with the Cobb Underage Drinking Task Force, conducted twelve underage alcohol compliance checks inside the city limits of Smyrna. Sgt. Bennett stated that at around 1900 hours, Ofc. Dobson, along with a nineteen year - old informant, entered Hollywood Billiards (HSC) and went to the bar. Sgt. Bennett stated that the informant ordered a Miller Lite beer and was served by the offender. Sgt. Bennett stated that the offender failed to ask the informant for identification. Sgt. Bennett stated that the operation was monitored and recorded using an audio/video surveillance device. Sgt. Bennett stated that the Miller Lite beer was logged onto a property sheet and placed into evidence. Sgt. Bennett stated that Lt. Zgonc issued the offender citation # PS-01001 for the charge of sale of alcohol to a minor. Sgt. Bennett stated that the offender was released on a copy of the charge with his court date being May 16, 2002. Council Member Wood asked Mr. Suen if lie was present at HSC at the time of the incident, and Mr. Suen said no. Council Member Wood asked Mr. Suen if he has been the agent for the HSC alcohol license since its issuance last year, and Mr. Suen answered in the affirmative. Council Member Wood asked Mr. Suen to provide details of the training HSC employees are given for proper alcoholic beverage sales procedures, and Mr. Suen stated he instructs HSC employees to ask purchasers to present identification, and to check the dates of birth and photographs. Council Member Wood stated that, according to the police report, Mr. Garcia did not ask the informant to present identification, and Mr. Suen acknowledged that a mistake was made. Council Member Lnenicka asked Mr. Suen what happened with the offending employee, and Mr. Suen stated that Mr. Garcia has been given a warning. Council Member Lnenicka asked Mr. Suen if the offending server is still in his employ, and Mr. Suen answered in the affirmative. Council Member Lnenicka asked Mr. Suen what the result of Mr. Garcia's court appearance on May 16 was, and Mr. Paeng answered that Mr. Garcia paid a $600 fine. Council Member Lnenicka asked if HSC will pay Mr. Garcia's fine, and Mr. Paeng stated that Mr. Garcia must pay the fine himself. Council Member Lnenicka asked why no decision has been made regarding Mr. Garcia's continued employment at HSC, and Mr. Paeng answered that the principals of HSC felt as though the court action was stringent enough to restore to Mr. Garcia some appreciation of his responsibilities. Council Member Lnenicka asked what training has been afforded to Mr. Garcia since the incident, and Mr. Paeng stated that HSC principals still remind servers to ask purchasers for identification and to check them carefully. Council Member Lnenicka asked if any special June 17, 2002 10 training has been afforded to Mr. Garcia since the incident, and Mr. Paeng stated that HSC principals try to remind Mr. Garcia every day to check identifications. Council Member Lnenicka expressed surprise at the fact that the offending employee has jeopardized the health of this business with no particular response from the management. Council Member Lnenicka stated that underage alcohol sales violations are serious matters, and that HSC principals should exercise diligence in making certain that servers understand their responsibilities concerning alcoholic beverage sales. ; MOTION: Council Member Wood made a motion to suspend the alcoholic beverage sales license for Hollywood Sports Center II , 3240 South Cobb Drive #L, for 5 days beginning at midnight on June 17, 2002, through midnight on June 22, 2002, with 5 years of Class I probation to begin on June 18, 2002, and the motion was seconded by Council Member Cramer. Motion was approved 6 — 0. (B) Show Cause Hearing — Alcoholic Beverage Sales Violation - Conoco Quick Food Mart — 540 Concord Road — Dalbag Singh, Agent Mayor Bacon recognized Sgt. Joseph Bennett of the Smyrna Police Department (SPD), who reported that on March 22, 2002, SPD officers, in cooperation with the Cobb Underage Drinking Task Force, conducted twelve underage alcohol compliance checks inside the city limits of Smyrna. Sgt. Bennett stated that at around 2000 hours, Ofc. Dobson, along with a nineteen year - old informant, entered the Conoco convenience store (CFM) and the informant retrieved a 12- pack of Miller Lite beer. Sgt. Bennett stated the informant took the beer to the counter where the offender completed the sale transaction. Sgt. Bennett stated that the offender failed to ask the informant for identification. Sgt. Bennett stated that the operation was monitored and recorded using an audio/video surveillance device. Sgt. Bennett stated that the Miller Lite beer was logged onto a property sheet and placed into evidence. Sgt. Bennett stated that Lt. Zgonc issued the offender citation # PS-01003 for the charge of sale of alcohol to a minor. Sgt. Bennett stated that the offender's court date was May 16, 2002. Council Member Wood recognized Mr. Chuck, who stated he is the owner of CFM and that he has owned the business for five years. Council Member Wood asked Mr. Chuck to explain what the procedures are at CFM for identifying underage customers, and Mr. Chuck stated he teaches employees everything they need to know about alcohol sales. Council Member Wood asked Mr. Chuck if the offending person is still in his employ, and Mr. Chuck answered in the affirmative. Mr. Chock stated CFM has received letters of commendation from the City in the past for successfully passing compliance checks. Mayor Bacon asked Sgt. Bennett if CFM has been the subject of complaints of sale of alcohol to underage persons, and Sgt. Bennett answered no. Council Member Lnenicka asked Mr. Chuck what Mr. Singh's job is at CFM, and Mr. Chuck stated Mr. Singh works about eight hours a day. Council Member Lnenicka asked Mr. Singh what his job is at CFM, and Mr. Singh stated he checks identifications all the time. Council Member Lnenicka asked Mr. Singh what his job is as an alcoholic beverage license holder, and Mr. Singh stated that when an employee is hired at CFM, he teaches them to check identifications when alcoholic beverages are sold. Council Member Lnenicka asked Mr. Singh how long he has been the licensed agent, and Mr. Singh answered three years. Council Member Lnenicka asked Mr. Singh if he understands that, as a license holder, he is responsible for the actions of CFM employees when they sell alcoholic beverages, and Mr. Singh said yes. Council Member Lnenicka asked Mr. Singh what he plans to do to make certain that this type of violation does not happen again, and Mr. Singh stated lie will make sure that CFM personnel check the identifications of persons who attempt to purchase alcoholic beverages. Council Member Lnenicka asked Mr. Singh if he understands that this is a serious matter, and Mr. Singh answered yes. MOTION: Council Member Wood made a motion to suspend the alcoholic beverage sales license for Conoco Quick Food Mart, 540 Concord Road, for 3 days beginning at midnight on June 17, 2002, through midnight on .tune 20, 2002, with 5 years of Class I probation to begin on June 18, 2002, and the motion was seconded by Council Member Cramer. Motion was approved 6-0. (C) Show Cause Hearing — Alcoholic Beverage Sales Violation — Eckerd Drugs 4410 — 3821 South Cobb Drive — John Joseph Strother, Agent Mayor Bacon recognized Sgt. Joseph Bennett of the Smyrna Police Department (SPD), who reported that on March 22, 2002, SPD officers, in cooperation with the Cobb Underage Drinking Task Force, conducted twelve underage alcohol compliance checks inside the city limits of Smyrna. Sgt. Bennett stated that at around 2130 hours, Ofc. Dobson, along with a nineteen year - old informant, entered Eckerd. Tile informant took a 6-pack of Miller Lite beer to the counter where the cashier (offender) asked the informant for identification. Sgt. Bennett stated the June 17, 2002 11 informant produced a Georgia license showing her age to be 19. Sgt. Bennett stated the offender completed the transaction and sold the informant the six-pack of beer. Sgt. Bennett stated that Lt. •Zgonc issued the offender citation # PS-01005 for the charge of sale of alcohol to a minor. Sgt. Bennett stated that the offender was released on a copy of the charge with his court date being May 16, 2002. Sgt. Bennett stated that the operation was monitored and recorded using an audio/video surveillance device. Sgt. Bennett stated that the Miller Lite beer was logged onto a property sheet and placed into evidence. Council Member Wood asked Mr. Strother if he is the agent, and Mr. Strother answered in the affirmative. Council Member Wood asked Mr. Strother to provide details of the training procedures Eckerd has in place to prevent sale of alcoholic beverages to underage persons, and Mr. Strother described a video used for alcoholic beverage sales training. Mr. Strother stated that the employees at the subject location have been retrained, and have signed a paper acknowledging that they have received instruction on proper alcoholic beverage sales procedures. Mayor Bacon recognized Mr. Vonica Smith, and Mr. Smith stated that he did ask the informant for identification, but that he checked the purchase eligibility information for tobacco sales instead of the chart for alcohol sales, and this is why he incorrectly sold the beer to the informant. Council Member Lnenicka thanked Mr. Smith for coming to the Council meeting, and stated that offending cashiers and servers usually do not attend show cause hearings. - MOTION: Council Member Wood made a motion to suspend the alcoholicbeverage sales license for Eckerd Drugs #410, 3821 South Cobb Drive, for 3 days beginning at midnight on June 17, 2002, through midnight on June 20, 2002, with 5 years of Class I probation to begin on June 18, 2002, and the motion was seconded by Council Member Cramer. Motion was approved 6-0. ADJOURNMENT: With no further business, the meeting was adjourned at 10:58 p.m. A. MAX BACON, MKYOR SUSAN D. HIOTT, CITY CLERK .. ql!�L ,- J�_ ELLS bRITCHETT, WARD 1 RON NEWCOMB, WARD 2 ILL SCOGGINS, RD 3 DAMES M. HAW INS, WARD 4 9 a64VO CK CRAMER, WARD 5 WADE S. LNEN CKA, WARD 6 CHARLES PETE WOOD, WARD 7 RESOLUTION Whereas: The City of Smyrna has completed a Five Year Short Term Work Program for the Period 2001 to 2005, and Whereas: The Committee of the Whole recommended the City transmit the Short Term Work Program to the Atlanta Regional Commission for review, and Whereas: The Five Year Short Term Work Program was found to be consistent with the City's Comprehensive Plan and the Regional Development Plan by the Georgia Department of Community Affairs (DCA). Whereas: The Five Year Short Term Work Program was prepared in accordance with the Minimum Planning Standards and Procedures of Local Comprehensive Planning established by the Georgia Planning Act of 1989, and a Public Hearing was held on June 17, 2002 at 7:30 pm at City Hall. Therefore: The Mayor and City Council hereby adopts the STWP for inclusion in the City's Comprehensive Plan as per the requirements of the Minimum Standards and Procedures for Local Comprehensive Planning. A. Max Bacon, Mayor ATTEST: XJ• u an D. Hiott, City Clerk Date: ORDINANCE No. 2002-10 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTION 402 OF SAID CODE, PROVIDING THAT A DEFINITION OF FLEA MARKET SHALL BE INCLUDED. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Section 402 of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such section shall include a definition of Flea Market to read as follows: Flea Market — a place where merchandise is exposed for sale in an open area or enclosed structure where groups of individual sellers with designated positions occupied by different sellers offer merchandise for sale to the public. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically decalred to be invalid or unconstitutional. Approved by Mayor and Council this 17th day of June, 2002. Attest: dr&;4� A. Max Bacon, Mayor 4Sus D. Hiott, City Clerk City of Smyrna Approved as to form: Scott A. CdcTiran, City Attorney City of Smyrna