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11-18-2002 Regular MeetingNovember 18, 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. Also present were City Administrator Wayne Wright, Deputy City Clerk Lee Miller, 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 Pastor Jim Moon from a new church in the Smyrna-Vinings area, followed by the pledge to the flag. AGENDA CHANGES: There were none. CITIZENS INPUT: Mayor Bacon recognized Pastor Jim Moon and members of the Smyrna Spartans football team. Pastor Moon provided details of the team's recent successes, and commended them for their accomplishments. Mayor Bacon recognized members of the Smyrna Optimist Club, who provided details of Optimist Club activities for the benefit of the community. Mayor Bacon thanked the Optimist Club members for their contributions to the community. Mayor Bacon recognized Representative -Elect Rob Teilhet, who thanked the citizens of Smyrna for their support during his recent successful bid for a State House District 34 post. Mayor Bacon recognized Mr. Frank Bradford, who congratulated Mr. Teilhet on his successful bid for election, and thanked the citizens for their support. Mayor Bacon commended Messrs. Teilhet and Bradford for the positive tone of their respective election campaigns. Mayor Bacon recognized Mr. Mike West, residing at 1159 Powder Springs Street, who expressed concern about recent damage to a silt fence caused by a truck near a construction site in the vicinity of his residence. Mayor Bacon thanked Mr. West for his concern, and asked Mr. Chris Miller to check into the matter. Mayor Bacon recognized Mr. Floyd Millis, residing at 1878 Wynridge Drive, who expressed views regarding the City's debt. Mayor Bacon stated that the improvements to the downtown have been well received by the vast majority, and that the City's elected leaders are committed to redevelopment. Mayor Bacon stated that facilities such as the City Hall building and police station were not built for the purpose of generating revenue. Mayor Bacon stated that Mr. Millis has previously expressed opposition to the tax allocation district (TAD) measure on the ballot recently, but the vast majority of the citizens in Mr. Millis' district voted for and approved the TAD measure. Mayor Bacon stated that he considers many of Mr. Millis' comments to be misleading and negative. Council Member Hawkins stated that Standard and Poor recently conducted a comprehensive review of the City's finances. Council Member Hawkins stated that the City was given a AA credit rating, which is considered very good. Council Member Hawkins acknowledged that a sizeable financial commitment has been made to redevelopment, but that the citizens are realizing many benefits from these expenditures, including enhanced property values. Council Member Hawkins stated that he would make the same decision again, and he is proud of it. Council Member Hawkins stated the City is able to meet its financial obligations, and has an excellent credit rating. Council Member Hawkins stated that, from a standpoint of financial standing, the City of Smyrna compares very favorably with other municipalities in this area, and he is very proud of the City's redevelopment efforts. Council Member Wood provided various details concerning the City's finances. Council Member Wood stated that, as the City grows, there are more taxpayers sharing in the cost of improvements. Council Member Wood stated that, when discussing long-term debt, it is important to understand that the taxpayer base is not static, and that improvements tend to November 18, 2002 2 stimulate growth. Council Member Wood stated the City has a debt ratio to bonding limit of about 20%, which compares very favorably with other cities. Council Member Wood stated there is no debt on the City Hall building or the central fire station building. Council Member Wood stated that, when discussing the City's finances, all the facts should be presented. Council Member Wood stated the City's finances are in good shape by any standard, and that independent audit results support this. Mayor Bacon recognized Ms. Ann Kirk, who presented the Image Enhancement Award to Carol and George Scott of Love Street II at 1125 Concord Road. Ms. Kirk stated this is a significant award for substantial improvement to property. Ms. Kirk stated that beautification of the City is a community effort which requires cooperation among many people. Mayor Bacon commended Mr. and Mrs. Scott, and property owners Mr. Mike Drinkwater and Mrs. Frida Drinkwater, for their support of the ongoing efforts to improve the City of Smyrna. Council Member Hawkins stated the TAD measure will help the City to improve Concord Road and other areas of the City, and commended Mr. and Mrs. Scott and Mr. and Mrs. Drinkwater for their efforts and support. MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Rezoning Request — 1.6 Acre Tract from Office Distribution (OD) to General Commercial (GC) — Land Lot 634 — The Premier Mobri Group, LLC Mr. Wright stated this rezoning request was approved by the Planning and Zoning Board (PZB), and that staff supports the rezoning with a number of stipulations set forth in the staff report. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to numerous persons by Mr. Cochran. Council Member Scoggins read some excerpts from the staff report concerning the requested rezoning to those present. Mr. Chris Miller stated that, as a result of a meeting with Mr. Miraki and Council Member Scoggins to discuss the rezoning request, a proposal has been made to formulate a General Commercial (GC) — Conditional zoning which will allow a limited number of the standard GC uses for the subject property. Mr. Miller stated the rezoning can be conditioned upon elimination of specific uses which people in the surrounding area might consider objectionable. Mr. Miller stated that within six to twelve months Mr. Miraki may submit a site plan proposal for redevelopment of the subject property. Mr. Miller stated Mr. Miraki currently does not have a site plan for the subject location, and the proposed plan is a compromise agreement which will allow Mr. Miraki to lease the property in its current state without creating approval for a multitude of uses such as service stations or car repair facilities. Mr. Miraki stated the Premier Mobri Group, LLC, (PMG) acquired the subject property about nine months ago, and that a lease agreement has been made for a liquor store to operate there. Mr. Miraki stated that business operators have expressed interest in opening a boutique and a travel agency in some of the available spaces. Mayor Bacon asked Mr. Miller if the proposed uses mentioned by Mr. Miraki are allowed under the existing OD zoning, and Mr. Miller stated OD zoning is more oriented towards warehouse and distribution operations, and that Mr. Miraki is seeking a zoning compatible with retail uses. Council Member Cramer asked Mr. Miller if use as a liquor store at a property is grandfathered if a liquor store has been operating at that property. Mr. Miller stated the use must be continuous to remain grandfathered, and that some question exists as to whether or not a liquor store has been in continuous operation at the subject location. Mr. Miller stated the uses proposed by Mr. Miraki for the subject location are not allowed under OD guidelines. Mayor Bacon asked Mr. Miller if PMG could build a public storage facility on the subject property without rezoning, and Mr. Miller answered in the affirmative. Council Member Cramer stated that the proposed rezoning may tend to limit redevelopment plans PMG may have in the future. Mr. Miraki stated the limited uses proposed for the planned rezoning will give him a better idea about how to best utilize the property in the future. Council Member Hawkins suggested to Mr. Miraki that he could formulate some type of plan for the property adapted to GC guidelines, and that information about GC guidelines is available to him at the Community Development Department. Mr. Miraki stated he has invested a lot of money in the property, and would like some measure to enable him to lease the property until he can put more permanent plans in place. Council Member Hawkins asked Mr. Miraki if he eventually plans to remove the existing structures and replace them with new construction, and Mr. Miraki answered in the affirmative. Council Member Hawkins asked Mr. Miraki how he plans to get tenants for the existing buildings if the possibility exists that in the near future the tenants will have to move because of new construction, and Mr. Miraki stated his lease contracts address that possibility. November 18, 2002 Mr. Miraki stated he acquired the subject property in the hope that he can make a difference. Mayor Bacon recognized Ms. K.C. Clavin, residing at 1470 Roswell Street, who expressed concern about the fact that this rezoning is proposed without a specific development plan. Ms. Clavin described the proposal under consideration as a superficial rehabilitation of derelict buildings and a rezoning application to allow uses which will be detrimental to the surrounding area. Ms. Clavin stated the applicant is requesting rezoning to address a lack of proper research before the property was acquired. Ms. Clavin stated the random approach proposed by PMG has no value to the community. Ms. Clavin described a zoning experience in her neighborhood with Ed Hatcher, during which Mr. Hatcher withdrew one proposal which was opposed and later resubmitted another plan with final results favorable to both Mr. Hatcher and the community. Ms. Clavin stated she and her neighbors request that the application be denied pending presentation of a proper development proposal. Ms. Clavin stated that if the Mayor and Council choose to proceed with approval of the GC -Conditional request, she and her neighbors would like to see certain uses prohibited. Ms. Clavin stated Ron Davis will present the requested restrictions. Mayor Bacon and Council Member Scoggins asked Ms. Clavin what type of uses she thinks would be appropriate for the subject property, and Ms. Clavin stated that she would not like to see a rezoning unless there is a specific proposal for the subject property. Mayor Bacon recognized Mr. Ron Davis, residing at 1351 Roswell Street, who stated that the owner of the subject property should be required to submit a plan supporting the requested re- zoning. Mr. Davis stated that if a GC -Conditional zoning is approved, the proposed use exclusions compiled by Mr. Miller and Council Member Scoggins should apply. Mr. Davis stated he requests that some additional exclusions be applied, including art shows, carnival rides, and similar short-term events which use outside displays; wholesale and retail automotive parts businesses; automotive lease or rental facilities; automotive sales and service businesses; bowling alleys; drive-in restaurants; rotary wing landing areas; and linen and diaper services. Mr. Davis stated these exclusions will still leave PMG with many options, including retail sales, while protecting the neighborhood. Mr. Davis requested an additional condition to the effect that, if a detailed development plan for the subject property is not submitted to the City by PMG within one year of the date of approval of the GC -Conditional zoning, the zoning will revert to the original OD zoning. Mayor Bacon recognized Ms. Jean Aaron, residing on Davenport Street, who stated she is opposed to the proposed changes without specific plans. Mayor Bacon recognized Ms. Janelle Lampp, residing at 2730 Gilbert Street, who expressed concern that a rezoning is being considered with no clear plan in place. Mayor Bacon recognized Ms. Jill Jones, residing at 1423 Spring Street, who commended the Mayor and Council for the City's revitalization efforts. Ms. Jones stated she is opposed to rezoning without a specific plan. Mayor Bacon recognized Mr. Jeff Sibley, residing at 2613 Highland Avenue, who stated that PMG should have a specific plan for development in place. Mayor Bacon asked Mr. Miller if sewer service is available to the subject property, and Mr. Miller answered in the affirmative. Council Member Cramer asked Mr. Miller if PMG would have to meet setback and landscaping requirements in order to build storage units at the subject location, and Mr. Miller answered in the affirmative. Council Member Newcomb stated that a site specific plan is usually submitted with a rezoning request, but that site plans do not always guarantee that a property owner will not seek a different allowed use for the property in the future. Mayor Bacon stated that a specific plan for the subject property would be preferable, but it is not required for rezoning. Council Member Hawkins asked Mr. Miller what will happen to PMG tenants if PMG were to submit a plan later which was unacceptable and the property reverts to OD zoning. Mr. Miller stated the outcome of such a situation would depend on the way the stipulations are crafted and whether the property owner agrees to the stipulations. Mr. Miller stated the stipulations would have to be formulated in such as way as to be legally defensible. Council Member Lnenicka stated that efforts are made to look at each zoning request in its entirety, and to try to make certain that any possible unfavorable result in the future is avoided. Council Member Lnenicka stated that the members of the City's governing body have used their best judgment in zoning matters with generally good results. Council Member Lnenicka stated that the Mayor and Council members generally understand applicants and their commitment to do what they say they will do in regard to zoning matters. Council Member Lnenicka stated he believes it is wrong to make people uneasy by stating that warehouses will be built on the subject property if the zoning remains unchanged, especially when an examination of the property indicates this type of construction would probably not be feasible for that location. Council Member Lnenicka expressed the view that keeping the existing buildings on the subject November 18, 2002 4 property and leasing them in their current state would not be beneficial to the community. Mr. Miller stated the proposed uses are not incompatible with adjacent properties. Council Member Scoggins complimented Mr. Miller for his work on this rezoning request. Council Member Scoggins thanked the citizens for their input, and stated that he will make a motion on this matter that he believes is in the City of Smyrna's best interests. MOTION: Council Member Scoggins made a motion to deny a rezoning request for a 1.6 acre tract from Office Distribution (OD) to General Commercial (GC) in Land Lot 634 for the Premier Mobri Group, LLC. The motion was seconded by Council Member Newcomb. The motion was approved 6 — 0, with Council Member Pritchett abstaining. Council Member Pritchett stated that Mr. Miraki has made an investment in the City and expressed interest in improving this area. Council Member Pritchett encouraged Mr. Miraki to maintain his positive outlook, and stated the City needs business people like him. Council Member Pritchett commended Mr. Miraki for his efforts, and expressed the hope that the Mayor and Council will see him again. (B) Variance Request — Accessory Building Exceeding Size Restrictions — 3095 Lee Street — Jenny Am Mr. Wright stated the Smyrna Zoning Code limits the size of accessory structures to 25% of the size of the principal residence. Mr. Wright stated that the proposed addition will result in a building approximately 384 square feet in size, which is 96 feet over the allowed limit. Mr. Wright stated staff recommends approval of the variance provided the style, color and building materials of the addition match the existing accessory structure. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins asked Ms. Am to explain to those present why the variance is needed. Ms. Am stated her house is small, and that when her mother passed away recently, she inherited many articles and her available storage is now inadequate. Ms. Am stated she has had to use public storage to accommodate the extra items. Ms. Am stated that being able to store the articles on her residential premises will enable her and her relatives to sort through the possessions and try to make some arrangements for them. Council Member Hawkins advised Ms. Am that the enlarged accessory building cannot be occupied and used for rental property. MOTION: Council Member Hawkins made a motion to approve a variance for a 384 square feet accessory building for 3095 Lee Street, and the motion was seconded by Council Member Newcomb. Motion was approved 7 — 0. Ms. Am expressed appreciation to Mr. Miller and Robin Broyles for their assistance with this variance. (C) Approval of Zoning Code Amendment — Sections 712.4, 712.7, and 1503 Mr. Wright stated the proposed Zoning Code amendment increases the minimum lot size require- ment for automobile and truck sales and service establishments and automobile, truck and trailer lease and rental establishments from one acre to two acres. Mr. Wright stated the amendment will also clarify Sec. 1503 of the Zoning Code. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka asked Mr. Miller to provide some details concerning the proposed Zoning Code amendments. Mr. Miller stated that staff analysis indicates that one acre is not adequate space for automotive sales and leasing establishments and similar operations. Mr. Miller stated that requirements for parking and landscape buffers also ncessitate more lot space. Council Member Lnenicka stated the proposed change will encourage people to accumulate land into larger parcels. Council Member Lnenicka asked Mr. Miller if he recommends approval of the proposed Zoning Code changes, and Mr. Miller answered in the affirmative. MOTION: Council Member Lnenicka made a motion to approve amendment to Zoning Code Sections 712.4, 712.7, and 1503 as set forth in the pertinent staff report, and the motion was seconded by Council Member Wood. Motion was approved 7 — 0. (D) Variance Request — Decrease in Stream Buffer — 3331 Lee Street — Melinda and Stephen Boothe Mr. Wright stated the Smyrna Zoning Code requires a 50' minimum stream bank buffer, and that November 18, 2002 the applicant has requested a variance to decrease the width of the buffer to 20'. Mr. Wright stated that staff supports reduction in the stream bank buffer to 25', which is the minimum required by State law. Mayor Bacon recognized Mr. Mark Steves, a contractor representing the applicants. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins asked Mr. Steves to explain the need for the requested variance to those present. Mr. Steves stated the water conduit in question is more of a drainage ditch than a running waterway. Mr. Steves stated the topography of the lot leaves no other location to install a swimming pool on the Boothe's property. Council Member Hawkins stated the originally requested reduction to 20' will not be possible, but 25' can be considered. Mr. Steves said a reduction to 25' will enable him to construct the pool. Council Member Hawkins stated approval of the variance is also conditioned on the applicant replanting vegetation in the affected area to minimize soil erosion. Mr. Steves stated the stipulation is acceptable. MOTION: Council Member Hawkins made a motion to approve a variance request to build a swimming pool within 25' of the stream bank at 3331 Lee Street with the condition that the applicant re -nourish the existing stream bank with vegetation. The motion was seconded by Council Member Scoggins. Motion was approved 7 — 0. FORMAL BUSINESS: (A) Approval of a Resolution Authorizing the Community Development Department to Submit a Grant Application for Funding for a Transportation and Land Use Study to the Atlanta Regional Commission Council Member Lnenicka stated the City is in the process of applying for a Livable Centers Initiative grant which requires 20% in matching funds from the City. Council Member Lnenicka asked Mr. Miller if money for this expenditure is in the budget, and Mr. Miller answered in the affirmative. Council Member Lnenicka stated that in the past the City has done a lot of planning work on its own, and that this kind of initiative seems to have been a reason why the City was denied some grants. Council Member Lnenicka stated it does not seem fair for the City to be penalized in this way when efforts are being made. Council Member Lnenicka asked Mr. Miller if he supports the proposed grant application, and Mr. Miller answered in the affirmative. Council Member Lnenicka asked Mr. Miller when the study would begin if the grant is approved, and Mr. Miller stated the study would begin around April, 2003, and must be completed within twelve months. Mr. Miller stated the monies for this grant are actually Federal funds distributed by the State. Council Member Lnenicka asked Mr. Miller if the Growth Strategies Commission (GSC) will be involved in this project, and Mr. Miller explained that the Revitalization Authority will probably be involved in this study. MOTION: Council Member Lnenicka made a motion to approve a Resolution authorizing the Community Development Department to submit a grant application for funding for a transportation and land use study to the Atlanta Regional Commission, and to approve expenditure of 20% in matching funds for this project. The motion was seconded by Council Member Wood. Motion was approved 7 — 0. (B) Approval of Increase in Water and Sewer Rates Mr. Wright stated that notification of wholesale cost increases for water from Cobb County - Marietta Water Authority (CMWA) and sewage treatment from Cobb County Water System (CCWS) has been received. Mr. Wright stated that water rates will increase from $1.74 per 1,000 gallons to $1.78 per 1,000 gallons, which is an increase of 2.5%. Mr. Wright stated that sewer rates will increase from $4.03 per 1,000 gallons to $4.23 per 1,000 gallons, which is an increase of 5%. Council Member Wood stated the City of Smyrna, as well as most other cities in Cobb County, purchases water from CMWA and sewer treatment services from CCWS. Council Member Wood stated that between 1998 and 2001 there were other rate increases from CMWA but these were not passed on to retail customers in the City. Council Member Wood stated that sewage treatment costs from CCWS have increased about 45% over the last ten years, and that various environmental safety requirements are among the reasons these costs have increased. MOTION: Council Member Wood made a motion to approve an increase in City water and sewer rates, and the motion was seconded by Council Member Cramer. Council Member November 18, 2002 M Scoggins asked Council Member Wood if CMWA is the entity that has previously disallowed the City from installing water lines in certain locations, and Council Member Wood stated that the City was not allowed to install metering points at places where permission to make such installations had been requested. Mayor Bacon stated he is a member of CMWA, and that CMWA has had to deal with a number of unexpected expenses, such as chemical expenses that have doubled to 1.3 million dollars since 1999, which is an increase of 189%. Mayor Bacon stated that security measures to help ensure the safety of the water system have also added to costs. Mayor Bacon showed a graphic chart to those present illustrating the increases in chemical costs. Mayor Bacon stated that conservation efforts have resulted in reduced water sales, with a corresponding decrease in revenues. Council Member Hawkins stated that the City has no alternative sources for water and sewer treatment service, and that the City is passing on costs from these suppliers. Motion was approved 6 — 1, with Council Member Scoggins opposed. (C) Approval of a Resolution Authorizing the City to Contract with the Mercer Group, Inc. for the Purpose of Conducting an HB489 Tax Equity Study Mr. Wright stated the proposed Resolution is part of ongoing negotiations to develop a service delivery strategy for Cobb County and the six cities therein. The County and six cities have agreed to hire a consultant to implement a study to try to determine if any tax inequities exist. Mr. Wright stated the representative committee has selected the Mercer Group, Inc., to conduct the study at a cost not to exceed $70,000. Mr. Wright stated the County will pay 50% of this cost with the remaining 50% split among the six participating cities. Mr. Wright stated this study is expected to resolve the matter of tax equity and further the development of a service delivery strategy. Mr. Wright stated that staff recommends approval of the agreement. Council Member Wood read the following excerpt from the proposed Resolution: The City of Smyrna approves the hiring of the Mercer Group. Inc. to conduct a tax equity study between Cobb County and the six cities of Cobb County. The City of Smyrna agrees to make all payments owed by Smyrna to the Mercer Group, Inc. through the City of Smyrna in accordance with the contract between the six cities, Cobb County and the Mercer Group, Inc. Furthermore, the City of Smyrna appoints Councilman Pete Wood of Smyrna and Councilman Philip Goldstein of Marietta to represent its interests in the development and execution of the study. MOTION: Council Member Wood made a motion to approve a Resolution Authorizing the City to Contract with the Mercer Group, Inc. for the Purpose of Conducting an HB489 Tax Equity Study, and the motion was seconded by Council Member Lnenicka. Motion was approved 7 — 0. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of November 4, 2002 minutes (B) Approval of Fiscal Year 2003 Budget Transfer to Governing Body Function A transfer of $179,586 is needed for the purchase of the Ice House property. (C) Bid Award # 3-014, Field Lighting at Chuck Camp Park Seven vendors were solicited for bids on this project, with three responding. Award to low bidder M & D Electrical in the amount of $24,890 is recommended. (D) Approval of Contract with Avery Pix, Inc. for Use of the Brawner Facility Avery Pix, Inc. has agreed to pay the City $5,000 for approximately two days of filming between November and January. Council Member Wood made a motion to approve the consent agenda, and the motion was seconded by Council Member Cramer. Motion was approved 7 — 0. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Ciaccio, who reported that the tree lighting ceremony and Coming Home for Christmas function are scheduled for November 25. Mr. Ciaccio expressed appreciation to the Facilities and Grounds staff for the hard work they have done in November 18, 2002 7 inclement weather recently. Council Member Pritchett asked Mr. Ciaccio for details concerning Christmas decorations in the Market Village, and Mr. Ciaccio stated that trees on either side of West Spring Street will be decorated'and that a 30' Christmas tree will be installed between the pergola and the fountain. Council Member Pritchett asked Mr. Ciaccio for a timetable for installation of playground equipment at Jonquil Park, and Mr. Ciaccio stated the installation is scheduled for the first week in December. Council Member Pritchett recognized Mr. Seigler, who provided details of upcoming Library events for National Children's Book Week. Mr. Seigler described exhibits that are currently on display at the Library. Mr. Seigler reported that Library attendance statistics continue to be at record levels. Council Member Pritchett expressed thanks to the citizens of Smyrna for voting to approve the TAD measure. Council Member Pritchett stated she considers the vote for TAD as a vote for the elected officials. Council Member Pritchett stated she considers the vote for TAD as a vote of approval for the City's elected officials as visionaries and leaders who can make decisions. Council Member Pritchett again expressed thanks to those people who voted. Council Member Newcomb yielded the floor with no report. Council Member Scoggins recognized Chief Hook, who provided current crime statistics. Chief Hook stated the statistics are now up-to-date, and expressed appreciation to Eleanor Butts for her efforts in this area. Chief Hook also provided statistics regarding jail operations. Chief Hook stated the City police department has received a $40,000 grant from the Governor's Office of Highway Safety which will be used to pay City police officers to conduct traffic enforcement details. Council Member Scoggins asked Chief Hook for general advice to citizens during the upcoming holiday season, and Chief Hook suggested that everyone maintain a heightened sense of awareness and caution. Council Member Pritchett asked Chief Hook approximately what portion of a recent payment from Hall County was for the actual direct costs of housing inmates. Chief Hook stated the costs consist of food, water and uniform cleaning costs for the inmates. Chief Hook estimated the costs at between $11,000 and $12,000. Chief Hook stated that the City does not have to provide medical coverage for these contract inmates from other jurisdictions. Council Member Scoggins recognized Chief Williams, who provided current statistics for City fire and rescue operations. Chief Williams advised everyone to be careful during the upcoming holiday season with candles and other potentially hazardous materials. Council Member Cramer asked if the outdoor burning ban is still in effect, and Chief Williams answered in the affirmative. Chief Williams stated the City has received a grant in the amount of $128,000 to be used to purchase protective gear for firefighters. Mayor Bacon asked Chief Williams to identify the public safety personnel recently recognized by the Chamber of Commerce. Chief Williams stated that Ofc. Mike Conti was named Police Officer of the Year, and Mr. Jim Curly was named Firefighter of the Year. Mayor Bacon reported that the Chamber of Commerce named Messrs. Buddy Purvine and Kenny Butts as Smyrna's Citizens of the Year. Council Member Scoggins reported that the Rosegarden-Davenport Neighborhood Association will be sponsoring free flu shots next Monday at the Health Center on Teasley Drive. Council Member Hawkins expressed appreciation to the citizens for the confidence they have shown in their local government by voting to approve the TAD measure. Council Member Hawkins stated the TAD provisions are another tool that can be used to further redevelopment efforts. Council Member Hawkins expressed the view that the City's elected officials are judicious in the way public funds are used, and that this conservative approach will continue to be evident in the way TAD activities are administered. Council Member Hawkins stated he is proud to be associated with a city government that is progressive and works toward positive change. Council Member Cramer recognized Ms. Ann Kirk, who stated the City's Keep Smyrna Beautiful (KSB) program has received a Is' Place Award in a national competition for the population category Smyrna falls in. Ms. Kirk stated that KSB has won national awards for the last five years, but this is the first time the City has garnered a Is' Place Award in a national competition. Ms. Kirk stated that Ms. Ann Hampton has been hired as the Recycling Center Coordinator to replace Mr. Adams, who has retired. Council Member Cramer congratulated Ms. Kirk and her staff on this latest award, and commended her for the way she works along with board members to achieve goals. Ms. Kirk stated that KSB is a community effort. Council Member Cramer recognized Mr. Stokes, who provided details of the holiday schedule for sanitation service. November 18, 2002 8 Council Member Cramer reminded those present that pavers are still available for the Veterans Memorial. Council Member Cramer congratulated the citizens for voting to approve the TAD measure. Council Member Cramer stated that the City's elected officials are also taxpayers, and that they try to use the City's resources well. Council Member Lnenicka recognized Mr. Chris Miller, who provided current permit statistics. Council Member Lnenicka expressed appreciation to the citizens for the confidence in the City's elected officials they have demonstrated by voting to approve the TAD measure. Council Member Lnenicka stated he believes the Smyrna Mayor and Council have a leadership record of achievement, and that they have been united in their vision for the community. Council Member Lnenicka wished everyone a happy and safe Thanksgiving holiday. Council Member Wood recognized Ms. Edgar, who reported that Jack Millet has received the Government Purchasing Agent of the Year Award from the Governmental Purchasing Association of Georgia. Ms. Edgar stated that Mr. Millet will also receive a free trip to the Association's next convention. Ms. Edgar stated the City's CAFR has been submitted to the State as required by law, and to GFOA to be considered for the Excellence Award from that organization. Council Member Wood stated that the recent approval of the TAD measure indicates that the citizens place a high priority on redevelopment of blighted and economically distressed areas. Council Member Wood stated the TAD measure is a financial mechanism for revitalizing problem areas. Council Member Wood stated that careful analysis and planning is also essential to successful revitalization. CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 10:30 p.m. �. A. MAX BACON, AYOR SSUSAN D. HIOTT, CITY CLERK N MELLENY PRITCHETT, WARD I RON NEWCOMB, WARD 2 ILL SC GGINS. WARD 3 JAMES M. HAWKINS, WARD 4 zme44 e5c�, CHARLES PETE WOOD, WARD 7 A RESOLUTION BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA AUTHORIZING THE CITY TO CONTRACT WITH THE MERCER GROUP, INC., FOR THE PURPOSE OF CONDUCTING AN HB 489 TAX EQUITY STUDY WHEREAS: The City of Smyrna, Georgia is desirous of contracting with the Mercer Group, Inc. for the purpose of developing a HB 489 equity study to be used to further service delivery strategy negotiations between the six cities in Cobb County and Cobb County Government, and WHEREAS: As stated in House Bill 489, the scope of this two phase project is to determine if a tax inequity exists between Cobb County and its six cities and, if so, the extent of the tax inequity, and WHEREAS: Cobb County Government will pay 50% of the cost of the study conducted by the Mercer Group (not to exceed $38,500) and the City of Smyrna will pay 16.6% of the remaining 50% cost of the contract with the Mercer Group (not to exceed $38,500). NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA, THAT: The City of Smyrna approves the hiring of the Mercer Group. Inc. to conduct a tax equity study between Cobb County and the six cities of Cobb County. The City of Smyrna agrees to make all payments owed by Smyrna to the Mercer Group, Inc. through the City of Smyrna in accordance with the contract between the six cities, Cobb County and the Mercer Group, Inc. Furthermore, the City of Smyrna appoints Councilman Pete Wood of Smyrna and Councilman Philip Goldstein of Marietta to represent its interests in the development and execution of the study. IN WITNESS THEREOF, this Resolution has been duly adopted by the governing authority of the City of Smyrna, Georgia on the 18"' day of November, 2002. A. Max Bacon, Mayor ATTESTA,,4a�io--L W4a6---- Su4an D. Hiott, City Clerk ORDINANCE No. 2002-19 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A — ZONING, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTIONS 712 AND 1503 OF SAID CODE, PROVIDING THAT THE MINIMUM LOT AREA REQUIREMENT FOR AUTOMOBILE AND TRUCK SALES AND SERVICE ESTABLISHMENTS AND AUTOMOBILE, TRUCK AND TRAILER LEASE AND RENTAL ESTABLISHMENTS BE INCREASED, AND THAT THE GUIDELINES FOR PLANNING COMMISSION REVIEW BE CHANGED. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Sections 712 and 1503 of the Code of Ordinances, Appendix A — Zoning, of the City of Smyrna, Georgia, be amended so that such sections shall read as follows: 712.4 "Automobile and truck sales and service provided the minimum lot area is two acres or more." 712.7 "Automobile, truck and trailer lease and rental establishments provided the minimum lot area is two acres or more." 1503 "Unless initiated by the planning commission or the City, all proposed amendments to the zoning ordinance or zoning shall be reviewed by the planning commission for recommendation." 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 declared to be invalid or unconstitutional. Approved by Mayor and Council this 18th day of November, 2002. Attest: Cqyj,n/V, L)0, Su an D. Hiott, City Clerk City of Smyrna Approved as to form: Scott A. Coc an, City Attorney City of Smyrna A. Max Bacon, Mayor A Resolution by the Mayor and Council of the City of Smyrna, Georgia, authorizing the Community Development Department to submit a grant application to the Atlanta Regional Commission for a special transportation and land use study Whereas: The Atlanta Regional Commission (ARC) provides funds to local governments to prepare special transportation/land use studies which are funded through the ARC's Livable Centers Initiative (LCI) Program, and Whereas: The Smyrna Community Development Department has prepared an LCI grant application to fund a study for the portion of the City bounded by: Cobb Parkway, South Cobb Drive, Windy Hill Road and Concord Road which will build upon the City's previous redevelopment studies, and Whereas: The City's LCI study will cost approximately $100,000 (of which $20,000 will be provided by the City via the Community Development Department budget). Therefore: Be it hereby resolved by the Mayor and City Council of the City of Smyrna, Georgia that the Community Development Director is authorized to proceed with the submission of said grant application. IN WITNESS THEREOF, this Resolution has been duly adopted by the governing authority of the City of Smyrna, Georgia on the 18th day of November, 2002. A. Max Bacon, Mayor ATTEST-QLQ-�,O - Susan D. Hiott, City Clerk Cal