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2003 minutes (3) February 17.2003 -- 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, City Clerk Susan Hiott, Interim City Attorney Michael Williams, Assistant Fire Chief Jason Lanyon, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Reverend Joey Hatchell from Faith United Methodist Church, followed by the pledge to the flag. AGENDA CHANGES: Council Member Hawkins made a motion to suspend the rules to add an item to the agenda, and the motion was seconded by Council Member Lnenicka. * Motion was approved 7 - O. Council Member Hawkins made a motion to add item# 6E to the agenda, a measure to approve a temporary moratorium on new sign permits in the City, under formal business. The motion was seconded by Council Member Lnenicka.* Motion was approved 7 - O. CITIZENS INPUT: .... Mayor Bacon recognized Ms. Kirk, and Council Member Hawkins read a proclamation by Mayor Bacon in recognition of Arbor Day. Council Member Hawkins presented the signed proclamation to Ms. Kirk. Ms. Kirk provided additional details concerning activities associated with Arbor Day. Mayor Bacon recognized Mr. Floyd Millis, residing at 1878 Wynridge Drive. Mr. Millis expressed views regarding involuntary annexation. Council Member Scoggins provided details to Mr. Millis concerning a pending annexation request which Mr. Millis had alluded to. Mayor Bacon recognized Mr. Walt Lee, who provided details about an upcoming benefit breakfast event for the Smyrna Kiwanis Club. MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Approval of Application for Annexation - Land Lot 490 - 0.562 Acre Tract- Allan Khalife I ... Mr. Wright stated the subject property is presently zoned GC in Cobb County and, if annexed, the use is expected to remain unchanged. Mr. Wright stated the City Engineer has reviewed the submitted legal description with satisfactory results. February 17.2003 2 Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to approve an application for annexation of a 0.562 acre tract in Land Lot 490 for Allan Khalife, with said tract to become a part of Ward 3 effective on March 1,2003. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - (B) Approval of Application for Annexation - 47.523 Acre Tract - Land Lots 274, 303, and 304 - Hickory Lake, LP Mr. Wright stated the City Engineer has reviewed the submitted legal description with satisfactory results. Mr. Wright stated the application was validated at the January 6, 2003 Council meeting, and advertising requirements have been met. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Cramer stated the subject property is the Hickory Lakes Apartments on Windy Hill Road. Council Member Cramer stated that the proposed annexation is expected to alleviate some jurisdictional problems that have occurred in the past. Council Member Cramer stated he and some City staff members have met with the owners of the subject property to make certain the owners understand their responsibilities for compliance with City ordinances. Council Member Cramer stated that additional meetings are planned to further address some problems at the subject property, and that he understands the owners are considering renovation ofthe subject apartments. MOTION: Council Member Cramer made a motion to approve the application for annexation of a 47.523 acre tract in Land Lots 274,303, and 304 for Hickory Lake, LP, with said tract to become a part of Ward 5 effective March I, 2003. The motion was seconded by Council Member Lnenicka. Council Member Newcomb stated he believes it is a good idea to bring the subject property into the City. Council Member Cramer stated the City has already been providing some services to the subject area, and that efforts will be made to improve these apartments. Council Member Lnenicka discussed an apartment complex with some deficiencies that was annexed into the City some time ago, and described the positive changes to those apartments that were brought about in gradual stages. Council Member Lnenicka commended the owners of the subject property for seeking annexation into Smyrna, as well as the City staff for their past successes in rehabilitating deficient properties. Council Member Lnenicka stated that shared jurisdiction has been a problem at the subject property. Council Member Pritchett asked Council Member Cramer ifthe owners of the subject property understand the extensive nature of the renovations needed at the apartments. Council Member Cramer answered in the affirmative, and provided pertinent details. Council Member Cramer stated the rehabilitative process will be gradual. Motion was approved 7 - O. - (C) Zoning Amendment Request - Reduction in Front Yard Setback - Land Lot 457 - 4.32 Acre Tract - The French Colony, Inc. Mr. Wright stated the development standards associated with the subdivision require a minimum front yard setback of 35'. Mr. Wright stated the applicant is proposing to reduce the front yard setbacks to 15'. Mr. Wright stated that staff supports the proposed zoning amendment provided the front yard setback is reduced to 20' and all other zoning stipulations approved on July 1,2002 are retained. ... February 17.2003 3 Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Wood recognized Ms. Orna Kadish, and asked Ms. Kadish to explain to those present the need for the requested zoning amendment. Ms. Kadish stated the proposed setback reduction will enable the builder to make more back yard area available to the purchasers of these homes. Council Member Wood called upon Mr. Chris Miller to provide details regarding the proposed zoning amendment. Mr. Miller stated the applicant had requested a reduction in front yard setback to 15', and that staff has agreed to support a reduction to 20', which should allow enough space in the front of the houses to accommodate vehicle parking without encroachment into the right-of-way (ROW). Mr. Miller stated the original requirement for a 35' front yard setback may have been excessive when unpaved ROW is included in the calculations. Council Member Wood asked if it is correct that adjoining property owners will not be affected by this proposal, and Mr. Miller answered in the affirmative. MOTION: Council Member Wood made a motion to approve a zoning amendment request for a reduction in front yard setback to 20' for Land Lot 457 for a 4.32 acre tract for The French Colony, Inc., with all other zoning stipulations approved on July 1,2002 to be retained. The Motion was seconded by Council Member Cramer. Motion was approved 7 - O. (D) Extended Work Hours - Bates Street Subdivision - Cobb County Habitat for Humanity Mr. Wright stated the City Code limits construction activities to between 7:00 am and 6:00 pm on weekdays and 9:00 am and 6:00 pm on Saturdays, with no construction permitted on Sundays. Mr. Wright stated that staff supports the request to conduct construction-related activities on Sunday March 16, March 30 and April 27 between 1 :00 pm and 6:00 pm. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Henry Brooks, and asked Mr. Brooks if the proposed structure, to be built with help from students from Pope High School, will be the last house built at that location. Mr. Brooks stated the subject house will be the last one for that particular tract. MOTION: Council Member Scoggins made a motion to approve work hours for Cobb County Habitat for Humanity for construction on Bates Street on Saturday, March 15, March 29, and April 26 from 9:00 a.m. to 6:00 p.m., with no work allowed on Sunday. The motion was seconded by Council Member Hawkins. The motion was approved 5 - 2, with Council Members Cramer and Lnenicka in opposition. (E) Reduction in Monument Sign Setback - East/West Connector and South Cobb Drive- Marathon Oil Company Mr. Wright stated the Smyrna Zoning Code requires free-standing signs in all overlay districts to be set back a minimum of 15' from the ROW. Mr. Wright stated the existing signage was present when the gas station was annexed into the City, and thus is considered legal non-conforming. Mr. Wright stated the applicant is requesting a variance to decrease the setback for a new monument sign from 15' to 1'. Mr. Wright stated that staff supports the proposed variance provided the existing canopy-mounted sign is removed and all other sign requirements for the new monument sign are met. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. February 17.2003 4 Council Member Lnenicka recognized Ms. Sharon Jaynes, Ms. Layli Salimi, and Mr. Abdol Sharokhifard. Council Member Lnenicka asked Ms. Jaynes if the proposed placement of the sign would obstruct the view of motorists in the area, and Ms. Jaynes answered no. Ms. Jaynes provided details explaining why the proposed sign placement would not obstruct the field of view or pose a collision hazard in the subject area. Council Member Lnenicka asked Ms. Jaynes if it is correct that the applicant is willing to give up the canopy sign in order to have the variance approved, and Ms. Jaynes answered yes. Council Member Lnenicka stated he considers such a trade to be a good solution, and expressed appreciation to Ms. Jaynes, Ms. Salimi and Mr. Sharokhifard for their cooperation. Ms. Jaynes stated that inquiry has disclosed that permits have been obtained for the other signs on the subject property, and that these signs are in compliance with sign regulations. - MOTION: Council Member Lnenicka made a motion to approve a variance for a reduction in setback to l' for one monument sign at the north-west corner of East/West Connector and South Cobb Drive for Marathon Oil Company, with the stipulation that the existing canopy-mounted sign is removed and all other sign requirements are met. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (F) Privilege License Request - Retail Package Sales (Beer & Wine) - SaveRite Grocery Warehouse, Inc. DBA SaveRite #2708 - 2350 Atlanta Road - Andrew Todd Smith, Applicant - Agent Change Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Newcomb recognized Mr. Smith, and asked Mr. Smith to tell those present about his awareness of the alcoholic beverage sales ordinance and his understanding of the agent's responsibilities under these guidelines. Mr. Smith stated he has been employed by Winn Dixie for about 15 years, with several years of management experience. Mr. Smith stated he is familiar with both State and City regulations governing the sale of alcoholic beverages. Mr. Smith stated that SaveRite cashiers are required to undergo 16 hours of training to learn the regulations for sale of alcoholic beverages in a lawful manner. Council Member Newcomb asked Mr. Smith if he works at the subject location, and Mr. Smith stated he usually works at a store on Roswell Road. Council Member Newcomb asked Mr. Smith what his relationship to the subject location will be, and Mr. Smith stated he will be assisting numerous stores in this district with various aspects of operations. Council Member Newcomb asked Mr. Smith if he understands that it will be his responsibility to make certain alcoholic beverage sales regulations are adhered to at the subject location, and Mr. Smith answered in the affirmative. MOTION: Council Member Newcomb made a motion to approve a privilege license request for retail package sales of beer and wine for SaveRite Grocery Warehouse, Inc. DBA Save Rite #2708 at 2350 Atlanta Road for Andrew Todd Smith, Agent. The motion was seconded by Council Member Hawkins. Motion was approved 7 - O. (G) Privilege License Request - Retail Pouring (Beer, Wine & Liquor) - EI Tropicana Billiards Bar & Grill- 2540-B North Atlanta Road - Gilberto Sandoval Blanco, Applicant - New Application - February 17.2003 5 Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Hawkins recognized Mr. Blanco, and asked Mr. Blanco to provide to those present details of what type of operation EI Tropicana Billiards Bar & Grill (ETB) will be. Mr. Blanco stated ETB will open at 11 :00 a.m. and stay open until around 2:00 a.m. Mr. Blanco stated that ETB will sell food and liquor. Council Member Hawkins asked if billiards will be available to patrons, and Mr. Blanco answered in the affirmative. Council Member Hawkins asked Mr. Blanco ifhe has read and understands the alcoholic beverage sales regulations as they pertain to billiard halls, and Mr. Blanco answered yes. Mr. Blanco stated he has eighteen years of experience in the restaurant business. Council Member Hawkins asked Mr. Blanco ifhe is familiar with the regulations governing the placement of billiard tables in relation to the restaurant portion of the establishment, and Mr. Blanco answered yes. Council Member Hawkins asked Mr. Blanco ifhe has read and understands the City's alcoholic beverage sales regulations, and Mr. Blanco answered in the affirmative. Council Member Hawkins asked Mr. Blanco ifhe can comply with the City's alcoholic beverage sales regulations, and Mr. Blanco answered yes. Council Member Hawkins reminded Mr. Blanco that he must submit an annual report to the City detailing alcohol sales and food sales. Council Member Hawkins reminded Mr. Blanco that all ETB servers must be fingerprinted by the City police department and must obtain proper serving permits. Council Member Hawkins advised Mr. Blanco that local police agencies conduct undercover inquiries to monitor the compliance of business operators with alcoholic beverage sales laws, and explained the importance of properly training servers to sell alcoholic beverages in a legal manner. Council Member Hawkins stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Council Member Wood asked Mr. Blanco ifhe is familiar with the regulations for selling alcoholic beverages on Sunday, and Mr. Blanco stated he is not certain he understands them. Council Member Hawkins advised Mr. Blanco that a separate license must be obtained for sale of alcoholic beverages on Sunday. Council Member Wood read the regulations from Sec. 10-117 of the City Code restricting the hours of operation for billiard tables to Mr. Blanco, and asked Mr. Blanco ifhe intends to comply with them, and Mr. Blanco indicated that he intends to comply with them. MOTION: Council Member Hawkins made a motion to approve a privilege license request for retail pouring for beer, wine and liquor for EI Tropicana Billiards Bar & Grill at 2540-B North Atlanta Road for Gilberto Sandoval Blanco, Agent. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (H) Privilege License Request - Retail Pouring (Beer, Wine & Liquor) - Charley's Red- Headed Stepchild, LLC DBA Atkins Park Tavern - 2840-B Atlanta Road - Kevin Michael Drawe, Applicant - New Application Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude issuance ofthe requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Scoggins recognized Mr. Drawe, who provided details of his experience in the restaurant business. Mr. Drawe stated he is familiar with both State and City alcoholic beverage sales regulations. Mr. Drawe stated he tries to be diligent in his efforts to prevent sales of February 17.2003 6 alcoholic beverages to underage persons. MOTION: Council Member Scoggins made a motion to approve a privilege license request for retail pouring of beer, wine and liquor for Charley's Red-Headed Stepchild, LLC DBA Atkins Park Tavern at 2840-B Atlanta Road for Kevin Michael Drawe, Agent. The motion was seconded by Council Member Hawkins. Motion was approved 7 - O. - (I) Privilege License Request - Retail Pouring (Beer & Wine) - Savoie L TD DBA Cafe Michel - 2860-D Atlanta Road - Amir Askarian, Applicant - New Application Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins recognized Mr. Askarian, and asked Mr. Askarian if he has read and understands the City's alcoholic beverage sales regulations, and Mr. Askarian answered in the affirmative. Council Member Hawkins asked Mr. Askarian ifhe understands that all Cafe Michel (CM) servers must be fingerprinted by the City police department and must obtain proper serving permits, and Mr. Askarian answered yes. Council Member Hawkins asked Mr. Askarian what the hours of operation at CM are, and Mr. Askarian stated that CM is open from 6:00 a.m. until 10:00 p.m. every day. MOTION: Council Member Hawkins made a motion to approve a privilege license request for retail pouring of beer and wine for Savoie L TD DBA Cafe Michel at 2860-D Atlanta Road for Amir Askarian, Agent. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. - FORMAL BUSINESS: (A) Validation of Application for Annexation - Land Lots 388, 389, 404, 405 - 1.696 Acre Tract - New Cooper Lake LLC Mr. Wright stated that the City Engineer has reviewed the submitted legal description with satisfactory results. Mr. Wright stated that a hearing date of March 17,2003 is proposed for this annexation request. The legal description ofthe subject property is as follows: All that tract or parcel of land lying and being in Land Lots 388, 389, 404 and 405 of the 1 ih District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the northerly right-of-way of Cooper Lake Road (R/W varies) and the easterly right-of-way of North Cooper Lake Road (50' R/W); thence along easterly right- of-way north 25 degrees 13 minutes 45 seconds west, 251.27 feet to a point; thence north 31 degrees 16 minutes 51 seconds west, 45.30 feet to a point; thence along a curve to the left, an arc distance of 128.77 feet, said curve having a radius of 151.30 feet and being subtended by a chord of 124.92 feet, at north 55 degrees 39 minutes 47 seconds west, to a point; thence north 87 degrees 12 minutes 00 seconds west, 133.27 feet to a point, said point being the point of beginning for the annexed parcel; thence leaving said right-of-way north 02 degrees 48 minutes - February 17.2003 7 - 00 seconds east, 2.63 feet to a point; thence north 89n degrees 43 minutes 11 seconds west, 102.25 feet to a point; thence north 46 degrees 25 minutes 39 seconds east, 31.09 feet to a point; thence north 70 degrees 27 minutes 42 seconds west, 183.49 feet to a point; thence north 46 degrees 22 minutes 30 seconds east, 84.84 feet to a point; thence north 14 degrees 13 minutes 39 seconds east, 80.00 feet to a point; thence north 02 degrees 28 minutes 21 seconds west, 49.80 feet to a point along the southerly right-of-way of the East-West Connector (RlW varies); thence along said right-of-way along a curve to the right, an arc distance of 117.16 feet, said curve having a radius of 1,293.64 feet and being subtended by a chord of 117.12 feet, at south 69 degrees 16 minutes 46 seconds east, to a point; thence south 23 degrees 18 minutes 54 seconds west, 21.50 feet to a point; thence south 66 degrees 13 minutes 03 seconds east, 20.76 feet to a point; thence north 24 degrees 15 minutes 00 seconds east, 21.50 feet to a point; thence along a curve to the right, an arc distance of369.52 feet, said curve having a radius of 1293.64 feet and being subtended by a chord of 368.26 feet, at south 57 degrees 34 minutes 01 seconds east, to a point; thence south 49 degrees 23 minutes 02 seconds east, 36.95 feet to a point; thence leaving said right-of-way along the land lot line of 404 and 405, south 89 degrees 59 minutes 58 seconds west, 294.13 feet to a point, said point being the point of beginning for the annexed parcel; said tract or parcel of land contains 1.696 acres. MOTION: Council Member Wood made a motion to approve validation of application for annexation for Land Lots 388, 389, 404, 405 for a 1.696 acre tract for New Cooper Lake LLC, with a public hearing date of March 17, 2003. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (B) Appointment of Ward 6 Representative to the Keep Smyrna Beautiful Commission - Council Member Lnenicka expressed appreciation to Eric Cash for his service as Ward 6 Representative to the Keep Smyrna Beautiful Commission (KSB) over the last six years. Council Member Lnenicka stated that Mr. Cash has moved out of Ward 6. Council Member Lnenicka stated that Cynthia Gray has expressed interest in the Ward 6 KSB post, and that Ms. Gray will be a good addition to the Keep Smyrna Beautiful Commission. MOTION: Council Member Lnenicka made a motion to appoint Cynthia Gray to a two-year term on the Keep Smyrna Beautiful Commission as the Ward 6 Representative, with a term to expire on December 31,2004. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (C) Reappointment of Ward 2 Representative to the Keep Smyrna Beautiful Commission Council Member Newcomb commended Dale Holmes for her service to KSB. Council Member Newcomb stated Ms. Holmes has agreed to serve another term on KSB. MOTION: Council Member Newcomb made a motion to reappoint Dale Holmes for another two-year term on the Keep Smyrna Beautiful Commission as the Ward 2 Representative with a term to expire on December 31, 2004. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (D) Ordinance Amendment - Sec. 6-118 - Reduction in Minimum Distance for Package Wine and Malt Beverage Sales in the Smyrna Central Downtown Area - Mr. Wright stated that the City's alcoholic beverage ordinance requires that package beer and February 17.2003 8 wine stores be at least 300 feet from churches, parks, public buildings and libraries. Mr. Wright stated that the downtown area has unusual requirements, and that pouring licenses have been allowed that are closer than what is allowed in other parts of the City. Mr. Wright stated the proposed amendment would allow package malt beverage and wine sales in the downtown area with a minimum distance of 300 feet from churches, and with no minimum distance requirement from residences, parks, public buildings and libraries. - MOTION: Council Member Wood made a motion to approve an Ordinance amendment for Sec. 6-118 Distance from certain locations for reduction in minimum distance for package wine and malt beverage sales in the Smyrna Central Downtown Area with the addition of paragraph (b) (7) as follows: "Within the area defined as Smyrna Central Downtown, a license for package wine and malt beverages, a suitable distance shall be 300 feet from a church, and no distance requirement from a residence, park, public building, or library." The motion was seconded by Council Member Lnenicka. Council Member Wood stated this regulation will be applicable to specially-zoned parts of the City, and is not intended for city-wide use. Motion was approved 7 - O. (E) Approval of Temporary Moratorium on the Issuance of Sign Permits* Mr. Wright stated a review of the City's Sign Ordinance indicated that the City may have some difficulty enforcing the sign regulations in their current form. Mr. Wright stated the City Attorney has recommended that a temporary moratorium on the issuance of new sign permits be put in place until the Code can be revised. Mr. Wright stated the proposed moratorium is to be two weeks in duration. - Council Member Hawkins stated that available information indicates the proposed revision of the Sign Ordinance can be completed within the two-week period of the proposed moratorium, and that a temporary sign permit moratorium would be in the best interests of the community. MOTION: Council Member Hawkins made a motion to approve a temporary moratorium on the issuance of new sign permits in the corporate limits of the City of Smyrna beginning February 17, 2003, through March 3, 2003. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: (A) 9,187 s.f. Building - 2515 Old Concord Road - Yon Ja Lee Mr. Wright stated the requested permit is for a shopping center. MOTION: Council Member Cramer made a motion to approve a commercial building permit for 2515 Old Concord Road. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (B) 16,300 s.f. Building - 2361 Spring Road - Aldi Grocery, Inc. Council Member Pritchett stated the old Piccadilly Cafeteria building has been demolished, and that Aldi Grocery, Inc. will be constructing a new building of attractive design at this site. - February 17.2003 9 - MOTION: Council Member Pritchett made a motion to approve a commercial building permit for Aldi Grocery, Inc. at 2361 Spring Road. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of February 3, 2003 minutes. (B) Approval to use Council Chambers on Sunday, March 2, 2003, from 6:30 p.m. to 9:30 p.m. for a Ward 6 meeting (Creatwood at Vinings Homeowners Association) (C) Approval of Amendment to GMA Retirement Plan - Automatic Option A Death Benefit The purpose of this proposed amendment is to add an Automatic Option A Death Benefit for all active participants (both Old Plan and New Plan). MOTION: Council Member Wood made a motion to approve the consent agenda, and the motion was seconded by Council Member Cramer. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Wood recognized Ms. Edgar, who reminded those present that City utility customers can now use credit cards to pay monthly utility bills. Ms. Edgar stated the City budget process is on schedule, and that this information is expected to be sent out during the first week of March. - Council Member Lnenicka recognized Mr. Chris Miller, who provided current building permit statistics to those present. Council Member Lnenicka reminded those present about the upcoming meeting for the Creatwood At Vinings Homeowners Association. Council Member Cramer recognized Ms. Kirk, who expressed appreciation to Eric Cash for his efforts on behalf of KSB. Ms. Kirk stated she is excited about Cynthia Gray being appointed to KSB, and pleased to have Dale Holmes for another term. Ms. Kirk expressed appreciation to the volunteers who turned out for the Adopt-a-Mile event earlier this month. Ms. Kirk provided details about the upcoming Great American Clean-up event being planned. Ms. Kirk stated she has been advised by the Department of Community Affairs that the City of Smyrna has won a First Place award for 2002 in its size category for its waste reduction program. Council Member Cramer recognized Mr. Stokes, who reported that many employee overtime hours have been required recently for repairs to water pipes damaged by cold weather. Mr. Stokes stated that the HV AC system has been installed at the new records storage building on Atlanta Road, and that shelving will be installed there soon. Mr. Stokes provided details of sewer and water projects currently underway. Council Member Cramer recognized Mr. Hildebrandt, who had no report. Council Member Cramer reminded those present that pavers are still available for the Veterans Memorial. l.. Council Member Hawkins commended Ms. Hiott for her efforts to prepare a facility for the storage ofthe City's records, and to improve and update the City's records management program. February 17.2003 10 Council Member Scoggins recognized Assistant Fire Chief Lanyon, who read information from an annual report on fire department operations to the Mayor and Council Members. Assistant Fire Chief Lanyon provided details about the fire department's new equipment to those present. Council Member Scoggins recognized Chief Hook, who provided current statistics of City police operations to those present. - Council Member Newcomb recognized Mr. Corey, who provided to those present details concerning positions for which the City is recruiting. Mr. Corey congratulated Mr. Jearecki Teasley of the Buildings and Grounds Department on being named Employee of the Month. Council Member Pritchett recognized Mr. Ciaccio, who provided details of the final season results of the local basketball competitions to those present. Mr. Ciaccio provided details about reservations for upcoming concert events, and the upcoming Tolleson Park day camp event to those present. Mr. Ciaccio provided details of an upcoming Red Cross baby-sitting training session to those present. Council Member Lnenicka expressed appreciation to Mr. Ciaccio for the clean-up work the Parks and Recreation staff has done at Campbell Middle School. Council Member Pritchett recognized Mr. Seigler, who reported that City Library use statistics continue to trend upward. Mr. Seigler provided specific details of attendance and utilization of library facilities. Mr. Seigler provided details of upcoming events and exhibits at the City Library, including a reading of a Dr. Seuss book to local children by Mayor Bacon. Council Member Pritchett recognized Ms. Bennett, who reminded those present that an event calendar was sent out recently in City water bills. Ms. Bennett stated this information is also available on the City's website. - CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 9: 14 p.m. -- February 17.2003 - /~ D. c;Iaft6 ~ N D. HIOTT, CITY CLERK A. MAX BACON, MAYOR ) . (. \ L-a # ;JW RON NEWCOMB, WARD 2 - -- WADE S. LNENICKA, WARD 6 ~~~ CHARLES PETE WOOD, WARD 7 .... 11 RESOLUTION - WHEREAS, the mayor and council of the City of Smyrna find that the public health, safety, welfare, and property values of the public in general are directly impacted by the number, location, size, and height of signs located in the City of Smyrna; and WHEREAS, the mayor and council of the City of Smyrna find that signs provide an important medium through which individuals may convey a variety of messages both noncommercial and commercial; and WHEREAS, the mayor and council of the City of Smyrna find that unless signs are properly regulated, signs can become a threat to the public safety as a traffic hazard; and WHEREAS, the mayor and council of the City of Smyrna find that unless signs are properly regulated signs can have a detrimental effect to property values and the City of Smyrna's overall public welfare and aesthetics; and WHEREAS, the mayor and council of the City of Smyrna find that recent court rulings have had an adverse impact on certain ofthe City's current sign regulations and the mayor and council of the City of Smyrna find that these impacts constitute an emergency; and - WHEREAS, the mayor and council of the City of Smyrna find that a study concerning signs and the City of Smyrna's Sign Ordinance is necessary to determine an appropriate and constitutional level of regulation; and WHEREAS, the mayor and council of the City of Smyrna find that it is within the interest of the general public to maintain the status quo of signs and sign structures within the City of Smyrna for a temporary, limited period of time in order to permit the City to address its ordinance affected by the recent court rulings; NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA AS FOLLOWS: The legal counsel for the City of Smyrna is directed to review the City's sign ordinance related to the regulation of signs, and to develop and propose constitutional sign regulations for the adoption by the Mayor and Council of the City of Smyrna as soon as possible; and That the erection of any signs within the limits of the City of Smyrna shall not be permitted from February 17,2003 through and including March 3,2003; and ... - That neither the City of Smyrna nor any of its departments shall accept or process any applications for building permits, sign permits, or other types of permits for the erection of signs from February 17,2003 through and including March 3, 2003; and That the provisions of this Resolution are severable, and should any part of this Resolution be deemed by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the Resolution as a whole, or any part thereof other than the part declared to be invalid. fA-- APPROVED AND ADOPTED THIS /1 DA Y OF FEBRUARY, 2003. f~~ A. Max Bacon, Mayor ... ATTESTq~D. ~ Susan D. Hiott, City Clerk - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 490 Acres 0.562 2003- 7 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners ofat least 60 percent of the land and 60 percent of the resident electors described in Exhibit "A" attached hereto have been notified ofthe City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on February 17.2003 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and ... NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council ofthe City of Smyrna, this 17t February. 2003. A. Max Bacon, Mayor ~ce' ~ City of Smyrna ---- - s~ City of Smyrna ORDINANCE 2003-7 .. "Exhibit A" All that tract or parcel of land lying and being in Land Lot 490 of the lih District, 2nd Section of Cobb County, Georgia, containing 0.562 Acres (24,490 square feet) and being more particularly described as follows: Beginning at the northeast intersection of Dixie Avenue and Belmont Avenue, and running thence North 10 degrees 36 minutes 51 seconds West along the east right-of-way of Dixie Avenue a distance 77.15 feet to an iron pin; thence continue running North 09 degrees 19 minutes 16 seconds West along the east right-of-way of Dixie Avenue a distance of63.90 feet to an iron pin and the northwest property corner; thence running North 71 degrees 05 minutes 56 seconds East a distance of 164.10 feet to an iron pin and the northeast property corner; thence running South 03 degrees 10 minutes 44 seconds East a distance of 169.92 feet to an iron pin and the north right-of- way of Belmont Avenue; thence running South 73 degrees 48 minutes 49 seconds West along the north right-of-way of Belmont A venue a distance of 124.25 feet to an iron pin; thence running North 60 degrees 45 minutes 09 seconds West along a right-of-way chamfer a distance of23.79 feet to an iron pin and the point ofthe beginning. .. - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number 2003-5 Land Lot 274.303,304 Acres 47.523 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of at least 100 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on February 17.2003 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and ofthe citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this 17th day of February, 2003./,/) '} /;:// ~/'/. ~ - _~/ . t-/~~'- ~ - A. Max Bacon, Mayor ~D.~/ Susan D. Hiott, City Clerk City of Smyrna - J~ Scott A. Cochran, CIty Attorney City of Smyrna .... - - ORDINANCE 2003-5 EXHIBIT A LEGAL DESCRIPTION All that tract or parcel of land lying and being in Land Lots 274, 303 and 304 of the I ih District, 2nd Section. Cobb County, Georgia, containing 47.523 acres and being more particularly described as follows: BEGINNING at an iron pin at the southeast corner of Land Lot 303 and the northeast corner of Land Lot 303 and the northeast corner of Land Lot 304 (said iron pin also being on the westerly right of way line of Old Concord Road) (right of way varies); thence along the said westerly right of way line of Old Concord Road and the easterly line of Land Lot 304 South 0 I degree 53 minutes 04 seconds East a distance of 681.38 feet to a nail on the northeasterly line of a 50 foot right of way of Smyrna - Powder Springs Road; thence leaving said right of way line of Old Concord Road and easterly line of Land Lot 304 and along the said northeasterly right of way line of Smyrna - Power Springs Road along the arc of a curve to the right a distance of 566.11 feet (chord Bearing North 53 degrees 36 minutes 04 seconds West. chord distance of 561.93 feet, radius 1,342.62 feet) to a point; thence continuing along said right of way line North 38 degrees 20 minutes 07 seconds West a distance of 78.43 feet to a point; thence along the arc ofa curve to the left a distance of 254.78 feet (chord bearing North 54 degrees 06 minutes 26 seconds West, chord distance of 250.26 feet, radius 389.33 feet) to an iron pin; thence leaving said right of way line North 00 degrees 24 minutes 00 seconds East a distance of 144.08 feet to a nail on the northerly line of Land Lot 304; thence along said Land Lot Line North 89 degrees 36 minutes 00 seconds West a distance of 655.00 feet to an iron pin at the Land Lot Corner common to Land Lots 273, 274, 303 and 304; thence along the South line of Land Lot 274 South 85 degrees 46 minutes 00 seconds West a distance of 381.33 feet to an iron pin on the southeasterly right of way line of Benson Pool Road (right of way varies); thence along said right of way line along the arc of a curve a distance of] 90.67 feet (chord bearing North 21 degrees 06 minutes 19 seconds East, chord distance of 190.66 feet, radius 5,945.40 feet) to a point; thence continuing along said right of way line North 18 degrees 45 minutes 42 seconds East a distance of 517.39 feet to a point; thence along the arc of a curve to the right a distance of 302.04 feet (chord bearing North 24 degrees 35 minutes 27 seconds East, chord distance of 30] .85 feet. radius 2.467.25 feet) to an iron pin; thence South 61 degrees 54 minutes] 5 seconds East a distance of 4.89 feet to an iron pin; thence North 27 degrees 02 minutes 46 seconds East a distance of 22.00 feet to a point; thence along the arc of a curve to the right a distance of 248.88 feet (chord bearing North 31 degrees 59 minutes 01 second East, chord distance of 248.55 feet, radius ] ,395.57 feet) to a point; thence North 37 degrees 05 minutes 33 seconds East a distance of 3] .74 feet to an iron pin; thence North 61 degrees] 7 minutes 24 seconds East a distance of 74.02 feet to an iron pin on the southerly right of way line of Windy Hill Road (right of way varies); thence leaving said right of way line of Benson Pool Road and along the said right of way line of Windy Hill Road North 88 degrees 3] minutes 12 seconds East a distance of 1.062.24 feet to an iron pin; thence South 47 degrees 31 minutes 37 seconds East a distance of 37.8] feet to an iron pin on the westerly right of way line of Old Concord Road; thence leaving said right of way line of Windy Hill Road and along said right of way line of Old Concord Road South 0] degree 25 minutes 39 seconds East a distance of 104.59 feet to an iron pin; thence continuing along right of way line North 88 degrees 25 minutes 39 seconds East a distance of2.00 feet to an iron pin on the easterly line of Land Lot 303; thence continuing along said right of way line and Land Lot Line South 01 degree 34 minutes 2] seconds East a distance of I, II 0.22 feet to an iron pin at the southeast corner of Land Lot 303 and the point of BEGINNING. Z:\Annexation 2003\LL 274.303.304 Hickory Lake LP\#571478 v; - Lxhibit A for Hickory Lake.doc .. ORDINANCE No. 2003- 10 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 6, ALCOHOLIC BEVERAGES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTION 6-118 OF SAID CODE, PROVIDING THAT A REDUCTION IN THE MINIMUM DISTANCE REQUIREMENT FOR PACKAGE WINE AND MALT BEVERAGE SALES IN THE SMYRNA CENTRAL DOWNTOWN AREA BE INCLUDED. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Section 6-118 of the Code of Ordinances, Distance from certain locations, of the City of Smyrna, Georgia, be amended by the addition of paragraph (b) (7) to read as follows: "Within the area defined as Smyrna Central Downtown, a license for package wine and malt beverages, a suitable distance shall be 300 feet from a church, and no distance requirement from a residence, park, public building, or library." - 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. - ORDINANCE No. 2003- 10 - Approved by Mayor and Council this 17th day of February, 2003. /~ Attest: A. Max Bacon, Mayor ~D.~ Susan D. Hiott, City Clerk City of Smyrna Approved as to form: - - 2 February 3.2003 - 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, City Clerk Susan Hiott, City Attorney Scott Cochran, and representatives of the press. Invocation was given by Reverend Pat Shannon from First United Methodist Church of Smyrna, followed by the pledge to the flag. Mayor Bacon recognized the Scoutmaster and Cub Scouts of Pack 1, Covered Bridge District, who were in attendance in connection with a citizenship project. AGENDA CHANGES: Mayor Bacon stated that agenda item 5A, Approval of Application for Annexation - 47.523 Acre Tract - Land Lots 274, 303, and 304 - Hickory Lake, LP, will be tabled until the February 17, 2003 Council meeting. CITIZENS INPUT: Mayor Bacon recognized Senator Ginger Collins, who provided a legislative update to those present. MAYOR'S REPORT: - Mayor Bacon recognized Mr. Curt Johnston, who expressed appreciation to the Mayor and Council Members for their interest in the local schools and students. Mayor Bacon recognized Mrs. Robin Glover and students from Brown Elementary School, who presented this month's character education words. Mrs. Glover introduced her son, Rex, an elementary school student, who sang God Bless America for those present. PUBLIC HEARINGS: (A) Approval of Application for Annexation - 47.523 Acre Tract - Land Lots 274, 303, and 304 - Hickory Lake, LP Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Cramer made a motion to table approval of application for annexation for a 47.523 acre tract for Land Lots 274,303, and 304 for Hickory Lake, LP until the February 17,2003 Council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. (Clerk's Note: Council Member Newcomb was not present at the time ofthe vote) (B) Privilege License Request - Massage Practitioners - Chattel Bajan Day Spa- 3205 A South Cobb Drive - Antoinette D. Gibbs, Agent - New Application Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - February 3. 2003 2 Mr. Wright stated that staff has reviewed the application, and that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Council Member Cramer recognized Ms. Antoinette Gibbs, and asked Ms. Gibbs how long she has worked in the field oftherapeutic massage, and Ms. Gibbs answered fourteen years. Council Member Lnenicka asked Ms. Gibbs for a recapitulation of her credentials as a massage therapist, and Ms. Gibbs stated she studied at the Atlanta School of Massage, and received certification in 1988. Ms. Gibbs stated she is certified in neuromuscular therapy, and is licensed by the Florida Board of Regulations. Ms. Gibbs stated she is nationally certified to practice massage therapy in all fifty states. - MOTION: Council Member Cramer made a motion to approve a privilege license request for massage practitioners for Chattel Bajan Day Spa at 3205 A South Cobb Drive for Antoinette D. Gibbs, Agent, and the motion was seconded by Council Member Pritchett. Mayor Bacon asked Ms. Gibbs if there will be other day spa operations at the subject location, and Ms. Gibbs stated she has an exclusive agreement with Western Plaza Market (WPM) for her day spa lease. Council Member Lnenicka asked Ms. Gibbs if she has checked her lease with WPM to determine if the lease will obligate Ms. Gibbs beyond the term of the special land use permit, and Ms. Gibbs stated her lease with WPM will terminate when WPM's lease terminates. Motion was approved 4 - 3, with Council Members Hawkins, Scoggins and Wood in opposition. (C) Variance Request - Accessory Building Exceeding Size Restriction - 2905 Anderson Circle - Tommy Price Mr. Wright stated the Smyrna Zoning Code prohibits storage sheds which exceed 25% of the floor area of the principal residence. Mr. Wright stated that, in this instance, a shed no larger than 212 square feet (s.f.) in size would be allowed under the regulations, and that the applicant is requesting a permit for a 900 s.f. shed. Mr. Wright stated that staff approves the proposed variance provided that the building is screened from adjacent properties with either a fence or landscaping, and the style ofthe storage building matches the existing residence. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Tommy Price, and enumerated the stipulations upon which approval of the variance is to be conditioned as follows: I. No bathrooms will be allowed in the accessory structure. 2. The accessory structure will not be used as a garage apartment. 3. The accessory structure will be used strictly for the storage of tools . 4. No automobiles or other vehicles will be parked in the yard. 5. The building will be screened from adjacent properties with either a fence or landscaping. MOTION: Council Member Scoggins made a motion to approve a variance request for an accessory building exceeding size restriction at 2905 Anderson Circle for Tommy Price subject to the stipulations specified by Council Member Scoggins. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - February 3, 2003 3 (D) Privilege License Request - Retail Pouring (Beer, Wine & Liquor) - La Fiesta of Cobb #4 DBA Lupita's Mexican Restaurant - 2161 South Cobb Drive - Cecilio Chavez, Jr.- Agent Change - Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Cramer recognized Mr. Cecilio Chavez, and asked Mr. Chavez ifhe has been furnished with a copy of the alcoholic beverage sales ordinance, and Mr. Chavez answered in the affirmative. Council Member Cramer admonished Mr. Chavez to make certain that all persons purchasing alcoholic beverages at Lupita's Mexican Restaurant (LMR) are required to present appropriate identification. Council Member Cramer reminded Mr. Chavez that the local police conduct undercover inquiries to ensure compliance with the laws governing alcoholic beverage sales. Council Member Cramer asked Mr. Chavez ifhe will usually be on the premises at LMR during business hours, and Mr. Chavez answered in the affirmative. MOTION: Council Member Cramer made a motion to approve a privilege license request for retail pouring (beer, wine and liquor) for La Fiesta of Cobb #4 DBA Lupita's Mexican Restaurant at 2161 South Cobb Drive for Cecilio Chavez, Jr., Agent. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (E) Privilege License Request - Retail Package Sales (Beer, Wine & Liquor) - Beverage Purveyors, DBA Doc's Wine and Spirits - 2350 Spring Road - Kenneth E. Peet - Agent Change - Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Newcomb recognized Mr. Kenneth E. Peet, and asked Mr. Peet to tell those present about his awareness of the alcoholic beverage sales ordinance and his understanding of the agent's responsibilities under these guidelines. Mr. Peet stated his responsibilities will be mainly administrative as his son, Kenneth W. Peet, is very professional and has been operating Doc's Wine and Spirits (DWS) for a long time. Mr. Peet stated that DWS personnel are diligent about watching for underage persons attempting to unlawfully purchase alcoholic beverages. Mr. Peet stated that DWS has a training program for employees to familiarize them with the requirements for selling alcoholic beverages. Council Member Newcomb asked Mr. Peet ifhe is aware that the local police conduct undercover inquiries to ensure compliance with the laws governing alcoholic beverage sales, and Mr. Peet answered in the affirmative. MOTION: Council Member Newcomb made a motion to approve a privilege license request for retail package sales (beer, wine and liquor) for Beverage Purveyors, DBA Doc's Wine and Spirits at 2350 Spring Road for Kenneth E. Peet, Agent. The motion was seconded by Council Member Pritchett. Mr. Peet stated the correct address for DWS is 2350 Spring Road. Motion was approved 7 - O. ... February 3, 2003 4 FORMAL BUSINESS: There was none. - COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of January 21,2003 Minutes (B) Approval for Request of Bids for Installation of a Sewer main off of Ridge Road Approximately 1100 1.f. of sewer main is necessary to serve several homes on Ridge Road which currently do not have access to public sewer. Public Works staff has reviewed this need for public sewer and the scope of work necessary for installation, and recommends that bids be solicited for this project. (C) Request to Use R & E Funding with Contract Unit Pricing Public Works requests to upgrade a 2" water main, install one fire hydrant and re- establish 8 services on Lamar Circle. Because of problems with the older 2" galvanized water main, replacement is necessary. The project will include a fire hydrant for added fire protection and flushing. Public Works staff recommends replacement and upgrade of this water main. (D) Approval of Authorization for the Mayor to Sign the Annual Appropriation Renewal of GMA Lease Pool Bond Series The Georgia Local Government Lease Pool Program provides long-term low interest rates, which lowers the cost of financing capital equipment needs. The City has renewed this program yearly since participation began in 1990, and it has been a cost effective way to finance long-term capital equipment needs. Staff recommends renewal of this program. - (E) Approval of Installation of No Parking Signs in the New Market Village The short access drives that connect the rear parking lots to the main street in the Market Village are designed for two-way traffic. Parking which is occurring in the subject area is obstructing traffic, resulting in damage to landscaping and appurtenances by delivery trucks forced to jump the curb. Staff recommends installation of decorative No Parking signs for the access drives of the Market Village. (F) Approval of Policy and Procedure Statement for Sewer Backups The existing policy has been modified to establish guidelines for handling mainline blockages or failures, building sewer line failures, and service lateral failures. The proposed policy has been reviewed by the City Attorney, and adoption is recommended by public works staff. - February 3.2003 5 (G) Waste Management Fee Reduction for Municipal Waste Disposal Waste Management has proposed a new contract to reduce the waste disposal fee for municipal solid waste from $27.25/ton to $26.25/ton. The term of the contract would be for 24 months beginning January 6, 2003. Staff recommends acceptance of the fee reduction and execution of the new agreement with Waste Management for waste disposal at $26.25/ton and execution of new agreements on use of the Bolton Road Landfill so that all disposal contracts expire simultaneously. - MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett stated that Jonquil Playground has been well-attended by children recently, and that this facility has been improved with new playground equipment. Council Member Pritchett reminded those present to remember the nation's military personnel, and the NASA astronauts who recently lost their lives in the line of duty. Council Member Newcomb yielded the floor with no report. Council Member Scoggins yielded the floor with no report. Council Member Hawkins yielded the floor with no report. -- Council Member Cramer stated a ward meeting concerning Hickory Lakes Apartments will be held soon. Council Member Cramer stated that commemorative pavers are still available for the Veterans Memorial. Council Member Lnenicka reminded those present ofthe Heritage at Vinings subdivision meeting this week in the Council Chambers. Council Member Lnenicka stated that four City employees have been called up for active military duty in connection with the current mobilization, and asked those present to keep them, and the shuttle astronauts, in their thoughts and prayers. Council Member Wood stated he was glad to see the members ofthe Boy Scouts at the meeting, and invited them to come again. CITIZENS INPUT: There were no additional citizen comments. ADJOURNMENT: With no further business, the meeting was adjourned at 8:21 p.m. ... February 3. 2003 fl A. MAX BACON, MAYOR /) A/\', .,,",, ;/1 . 7 1% / /,'( .' J l I i' i/ ~:._f[ ~ ME " 4~~:1~' g;A<2ML D. ~ SU AN D. HIOTT, CITY CLERK .---~~ J ~J\ / RON NEWCOMB, WARD 2 ~~~~~ ~ WADE S. LNENICKA, WARD 6 6 - -' - -- RESOLUTION "I A RESOLUTION OF THE CITY OF SMYRNA (THE "LESSEE"), AUTHORIZING, INTER ALIA, THE ANNUAL APPROPRIATION OF ALL AMOUNTS REQUIRED PURSUANT TO LESSEE'S PARTICIPATION IN THE POOLED LEASE PROGRAM SPONSORED BY GEORGIA MUNICIPAL ASSOCIATION. DATED:~ ~ WHEREAS, Lessee is participating in the Georgia Municipal Association, Inc. ("GMA") sponsored pooled lease program (the "Program") for the acquisition of equipment to be used by participating political subdivisions of the State of Georgia (the "Equipment"); and WHEREAS, pursuant to the Program, Lessee entered into (i) a Lease Agreement Dated as of December 1, 1990 by and between GMA and Lessee (the "Lease") pursuant to which GMA leases the Equiprnent to the Lessee and (ii) an Administration and Servicing Agreement initially dated as December 1, 1990 (the "Servicing Agreement"), and subsequently amended, among Wachovia Bank, as servicer (the "Servicer"), Wachovia Bank, as Trustee, GMA and each lessee participating in the program (including Lessee), pursuant to which Servicer services the collection and transmittal of payment for the Leases for GMA and transfers the moneys collected pursuant to the Servicing Agreement; and , WHEREAS, certificates of participation ("Certificates") have been issued pursuant to a Trust Agreement dated as of December 1, 1990, by and between Wachovia Bank, as amended, as trustee ("Trustee"), and GMA evidencing undivided interests in the Lease payments; and 'to ~ WHEREAS, in connection with the issuance of the Certificates and the creation of the Program, (i) Municipal Bond Investors Assurance Corporation (the "Credit Facility Issuer") issued its financial guaranty insurance policy (the "Policy") and entered into the Reimbursement and Indemnity Agreement by and between the Credit Facility Issuer, The Trustee, the Servicer and GMA (the "Credit Facility Reimbursement Agreement"); (ii) Wachovia Bank ("Bank"), has agreed to purchase Certificates tendered pursuant to tender rights under the Trust Agreement in accordance with the terms of a Standby Purchase Agreement dated as of December 1, 1990, and subsequently amended, by and among the Trust, GMA, the Bank, the Servicer and the Tender Agent (the "Standby Purchase Agreement"); (iii) Chemical Bank serves as tender agent (the "Tender Agent") pursuant to a tender agent agreernent dated as of December 1, 1990, and subsequently amended, by and among the GMA, the Trust, the Servicer, and the Tender Agent (the "Tender Agent Agreement"); (iv) BT Securities Corporation and at such time as specified in the Trust Agreement, Chemical Securities Inc., will serve as remarketing agents (referred to collectively hereafter as the "Remarketing Agent"), pursuant to a remarketing agreement dated as of December 1, 1990 by and among the Remarketing Agent, the GMA, the Tender Agent, the Trustee and the Servicer (the "Remarketing Agreement"); and WHEREAS, pursuant to the Lease Agreement, Lessee is required to appropriate annually the Minimum Annual Appropriated Amount set forth on Schedule A hereof; and '-" ., WHEREAS, in order to give effect to, and comply with, the foregoing agreements and instruments, and in order to authorize payment of its obligations incurred thereunder (collectively, the "Program Obligations"), either (i) the Lessee has available to satisfy Program Obligations uncommitted and unappropriated funds in this current operating budget in an amount not less than the Minimum Annual Appropriated Amount as set forth in Schedule A or (ii) the Lessee must amend its current operating budget in accordance with Title 36, Chapter 36-81-5 of the Official Code of Georgia Annotated (the "Code") to authorize the payment of the Program Obligations; and -- - WHEREAS, if required, in order to amend its current operating budget, the Mayor and Council of Lessee have heretofore taken the following actions, all in accordance with Title 36, Chapter 81 of the Code: (i) through the Lessee's budget officer, prepared a proposed amended budget providing for payment of Lessee's Program Obligations in accordance with the requirements of Code Section 36-81-5(b) (the "Amended Budget", a copy of which is attached hereto as Schedule B) which was previously submitted to the Mayor and Council of the Lessee, (ii) at the time of receipt of the Amended Budget from the Lessee's budget officer, placed a copy of the Amended Budget in a public place in the Lessee, which place is convenient to the resident's of the Lessee, (iii) published a notice in the official organ of the Lessee advising residents of the Lessee that the Arnended Budget is available for inspection; (iv) conducted a public hearing on the Amended Budget at least one week prior to the date hereof; and (v) taken all other action necessary to effect the foregoing; NOW, THEREFORE, BE IT RESOLVED, as follows: iI Section I. Confirmation and Reaffirmance of Program Obligations. The Lessee does hereby confirm, ratify and reaffirm all the Program Obligations, including, expressly, the Lease and the Servicing Agreement. ... '" Section II. Appropriation: Amendment of Budget. In order to give effect to, comply with, and assume the liabilities associated with, the foregoing approvals, and authorize the expenditure of the amounts required to be expended pursuant to the Lease Agreement and the Servicing Agreement the Lessee does hereby adopt, ratify and approve the Amended Budget attached hereto as Schedule B or commit those portions of the current budget set forth on Schedule B to the payment of the Program Obligations and does hereby appropriate and commit moneys in an amount not less than the Minimum Annual Appropriated Amount to payment of Program Obligations for the current calendar year. Section III. No Personal Liabilitv. No stipulation, obligation or agreement herein contained or contained in the Lease, the Trust Agreement, the Servicing Agreement, the Standby Purchase Agreement, the Tender Agent Agreement, the Remarketing Agreement, or the Credit Facility Reimbursement Agreement shall be deemed to be a stipulation, obligation or agreement of any councilman, chairman, officer, agent or employee of the Lessee in his or her individual capacity, and no such councilmember, chairman, officer, agent or employee of the Lessee shall be personally liable on the Certificates or be subject to personal liability or accountability by reason of the issuance thereof. Section IV. General Authority. From and after the execution and delivery of the documents hereinabove authorized, the Mayor and the Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as ~ , may be necessary to carry out and comply with the provisions of said documents as executed and are further authorized to take any and all further actions and execute and deliver any and all other documents and certificates as may be necessary or desirable to document compliance with the Code. ... -' Section V. Actions Approved and Confirmed. All acts and doings of the officers of the Lessee which are in conformity with the purpose and intents of this Resolution shall be, and the same hereby are, in all respects approved and confirmed. Section VI. Severability of Invalid Provisions. If anyone or more of the agreements or provisions herein shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining agreements and provisions and shall in no way affect the validity of any of the other agreements and provisions hereof or of the Certificates authorized hereunder. Section VII. Repealing Clause. All Resolutions or parts thereof in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section VIII. Effective Date. This Resolution shall take effect immediately upon its adoption. DOPTED thisc5! d day of I='"'-e. b . ~ City of Smyrna By:. Title: A. Max Bacon, Mayor City Clerk ~ ~ '~ " '\ ~ CLERK'S CERTIFICATE The undersigned Clerk of the City of Smyrna, DOES HEREBY CERTIFY that the foregoing pages of typewritten matter pertaining to the issuance of Certificates of Participation in the Georgia Municipal Association Pool in the aggregate principal amount of $127,635,000, constitute a true and correct copy of the Resolution adopted on _~~ ~_~~;S_, hy Ihe Cily Council on hehalf of Lessee in a meeting duly c;~II~ll;~,~:I~Ia;ll1hled. which W;lS open to Ihe puhlic, and Ihal the original of said Resolulion appears of record in the Minute Book of the Lessee which is ill the ulHlcrsigned's custody and control. WITNESS my hand and the official seal of the Lessee, this ~day of ~'):L1JtJ3 ~[).~~ Clerk City of Smyrna ISea11 ".#~""'-"'. ~- , . . ~,r .' ,r' i r' " Il ' :;,f,r.- :~~:f~ Sq:- .""\ ' y'1).\\;,~ ~:)'A"~1 -:-:\S~: '..~" . ,," .... ": :::: :~~ . ..:-.:.;;:.:,::". .' '';=, ~'.",~."f~ { .\,,,-. J\~ \' , .: : ;., """ ....;~: