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2003 minutes (5) May 19. 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, Fire Chief Larry Williams, Finance Director Claudia Edgar, Building and Grounds Superintendent Ken Riner, 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 Council Member Wood, followed by the pledge to the flag given by Emory Hatcher. AGENDA CHANGES: Mayor Bacon stated that agenda item 5 A (Approval of Application for Annexation - Land Lots 748 and 749 - 31.8 Acre Tract - Various Owners) will be withdrawn. Mayor Bacon stated that any person wishing to make public comment on this matter may do so during the public hearing section of this meeting. CITIZENS INPUT: 11IIII Mayor Bacon recognized Ms. Pamela Terry, hospitality chair for the Forest Hills Preservation Group. Ms. Terry stated that the homeowners association will conduct a home and garden tour on June 21. Ms. Terry extended invitations to those present to attend this event. Mayor Bacon recognized Mr. and Mrs. Howard Martin, residing at 3435 Lee Street. Mr. Martin commended Council Member Hawkins for his many years of service on the city council and his contributions to the City. Mr. Martin stated he will be a candidate in this year's election for the Ward 4 council post. Mr. Martin provided some details of his background to those present. Mr. Martin invited the residents of Ward 4 and any other interested citizens to a meeting at the Community Center on June 23. Mr. Martin stated he is looking forward to running for the Ward 4 council post, and thanked those present for their time. MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Approval of Application for Annexation - Land Lots 748 and 749 - 31.8 Acre Tract- Various Owners Mayor Bacon stated this annexation request will be withdrawn. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. ... Mayor Bacon recognized Mr. Ron Seifert (phonetic), president of the Vinings Homeowners May 19.2003 2 Association (HOA). Mr. Seifert stated he is not certain why the annexation application has been withdrawn, but he is glad it has been withdrawn. Mr. Seifert stated he does not believe the rail line is the only issue in this matter. Mr. Seifert stated the HOA members oppose the concept of utilizing a rail corridor to subvert the intent of State law prohibiting the annexation of non-contiguous islands into municipalities. Mr. Seifert stated it is clear that the City of Smyrna was trying to annex a property that is not currently contiguous to Smyrna, and to do so by creating a dubious connection. Mr. Seifert stated this connection does not undo the reality that, for zoning and land use purposes, this would be an island zoned for uses that are incompatible with all the surrounding uses in Cobb County. Mr. Seifert stated that State law directs local jurisdictions to enter into intergovernmental agreements by which they will cooperate, ensuring compatible land uses along their shared boundaries. Mr. Seifert stated he understands that Smyrna and Cobb County have such an agreement. Mr. Seifert stated this annexation proposal of the City's calls for a narrow rail corridor to intrude well into unincorporated Cobb County to a property that is not otherwise contiguous to Smyrna for the purpose of inflicting an incompatible land use on the island property to the detriment of all surrounding property owners. Mr. Seifert stated that even if this annexation application is revised in the future using a different connection, the subject property is not currently contiguous to the City, and that a new land use will be created that is not compatible with surrounding land uses. Mr. Seifert stated the HOA members would be opposed to this annexation under any circumstances for these reasons. -- Mayor Bacon recognized Michael Bowers, Esq., representing Cobb County, who expressed appreciation to the Mayor and Council Members for withdrawing this annexation request. Mayor Bacon recognized Ms. Mary Rose Barnes, representing the Oakdale Community Association, who expressed appreciation to the Mayor and Council Members for withdrawing this annexation request. - Council Member Lnenicka expressed appreciation to those persons who made public comments. Council Member Lnenicka stated he has given this matter much thought, and that he wishes to correct some inflammatory misstatements which have been made. Council Member Lnenicka stated that when he spoke to the members of the Vinings Homeowners Association (HOA) a few years ago, concerns were expressed by some members that the City of Smyrna was planning to come down the rail line and annex all ofVinings. Council Member Lnenicka stated that at that meeting he told those present that such a plan had never been discussed. Council Member Lnenicka reiterated that there has never been any plan by the City to annex the Vinings area by any means. Council Member Lnenicka stated that any statement to the effect that the City's leadership has somehow manufactured any plan to annex Vinings is just not correct. Council Member Lnenicka stated that the City has received applications from the owners of the subject properties requesting annexation, and that it is the duty of the City's leadership to make certain that the request is placed on a council meeting agenda and that a public hearing is conducted. Council Member Lnenicka stated that the City has done no more than grant these applicants their request to have this proposed annexation discussed at a public hearing, just as the City will do for any other citizen with a request. Council Member Lnenicka stated a written withdrawal of the annexation request has been submitted by the applicant, and that he does not know whether or not this annexation request will be resubmitted at some point in the future. Council Member Lnenicka stated the City cannot arbitrarily deny a citizen their right to a public hearing for license requests, zoning actions, annexations and other matters that are brought before the City's elected body for consideration. Council Member Lnenicka stated that any such arbitrary denial would be wrong, immoral and illegal. Council Member Lnenicka stated that the City's elected officials do not have powers of pocket veto when it comes to any matters in which the applicant is entitled to a public hearing. Council Member Lnenicka pointed out that everyone ... May 19. 2003 3 - wishing to speak at the public hearings for this annexation application has been given every opportunity to do so. Council Member Lnenicka stated that he wants the members of the Vinings HOA to understand that the Smyrna city council has no plans to annex Vinings unless a request for annexation is received from property owners in that area. Council Member Lnenicka stated that, if any Vinings property owner files the appropriate written forms requesting annexation, the City's elected officials will be glad to discuss the matter with them and afford them an appropriate public hearing as required by law. Council Member Lnenicka stated that city limits are an artificial boundary, and that we are all members ofthe same community. Council Member Lnen icka stated that all members of the community should seek ways of strengthen ing un ity, and refrain from divisive rhetoric which creates false beliefs. Council Member Lnenicka stated that reference was made this evening to the boundary agreement the City has with Cobb County. Council Member Lnenicka pointed out that there have been numerous instances over the past several years in which the City has declined to rezone and annex property directly on the City borders because the City's leadership did not believe the proposed zonings were proper for their respective areas. Council Member Lnenicka stated that, despite the City's denials and objections, Cobb County proceeded with approval of these rezonings that the City would not approve. Council Member Lnenicka reiterated that a written withdrawal of the annexation request has been submitted by the applicant, and that he does not know whether or not this annexation request will be resubmitted at some point in the future. MOTION: Council Member Lnenicka made a motion to withdraw the application for annexation for Land Lots 748 and 749 for a 31.8 acre tract pursuant to the written request of the applicant. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (B) Rezoning Request Z03-08 - .395 Acre Tract in Land Lot 594, 2970 Anderson Circle- R-15 (SFR) to RAD Conditional- Hatcher Homes, Inc. .. Mr. Wright stated the applicant proposes to build two single-family homes on the subject property, which will result in a density of 5.06 units per acre. Mr. Wright stated that the Planning and Zoning Board (PZB) has approved the rezoning request, and that staff also supports the request with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment concerning both the rezoning and land use change requests. There was none. Council Member Scoggins asked Mr. Hatcher to describe his plans for the subject property to those present. Mr. Hatcher stated that the subject property comprises .395 acres and has been designated as lots #7 and #8 in the Spring Street Village subdivision. Mr. Hatcher stated the subject property was the one tract missing from an otherwise continuous streetscape of traditional bungalow-style homes on Anderson Circle. Mr. Hatcher stated the subject property will also provide access for the driveways from lots 1 - 14, and that the garages will be located at the rear of the homes. MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z03-08 for a .395 acre tract in Land Lot 594 at 2970 Anderson Circle from R-15 (SFR) to RAD Conditional for Hatcher Homes, Inc. The motion was seconded by Council Member Hawkins. Motion was approved 7 - O. (C) Land Use Change Request Z03-08 - .395 Acre Tract in Land Lot 594, 2970 Anderson Circle - Low Density Residential to High Density Residential - Hatcher Homes, Inc. .. May 19.2003 4 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 Land Use Change Request Z03-08 for a .395 acre tract in Land Lot 594 at 2970 Anderson Circle from Low Density Residential to High Density Residential for Hatcher Homes, Inc. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - (D) Rezoning Request Z03-09 - .798 Acre Tract in Land Lot 561, 1418 Hawthorne Avenue - R-15 (SFR) to RAD Conditional- Orion Construction, LLC Mr. Wright stated the applicant proposes to build three new single-family homes at the subject location which will result in a density of3.76 units per acre. Mr. Wright stated that the Planning and Zoning Board (PZB) has approved the rezoning request, and that staff also supports the request with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment concerning both the rezoning and land use change requests, and the oath was administered to at least one person by Mr. Cochran. Council Member Scoggins recognized Mr. Ryan Casadaban, representing Orion Construction, LLC (OC). Mr. Casadaban stated that there is currently a structure on the subject premises in a state of disrepair, and that OC plans to remove this old structure and build three new houses on the property. Mr. Casadaban stated he has previously built homes in the City, and that the proposed dwellings will be very similar to the previous construction, and will sell at a somewhat higher price because of land costs. Mr. Casadaban stated the proposed houses are expected to sell for slightly less than $300,000. Council Member Scoggins asked Mr. Casadaban if the houses will have about 2,060 square feet (sf) of space, and Mr. Casadaban stated the houses will range in size from about 2,300 sf to 2500 sf. At the request of Council Member Scoggins, Mr. Casadaban provided details of the design elements of the proposed houses to those present. Council Member Hawkins asked what materials the exteriors of the houses will be made of, and Mr. Casadaban stated the exteriors will be finished with a combination of brick or stone accents and hardi-plank siding. Council Member Hawkins asked Mr. Casadaban what the dimensions of the lots will be, and Mr. Casadaban stated that one is 50' wide, one is 55'wide, and one is 65' wide. Council Member Hawkins asked Mr. Casadaban how deep the lots are, and Mr. Casadaban stated the lots are a couple of hundred feet deep, and will have back yards. Council Member Hawkins asked Mr. Casadaban ifthe houses will have a 30' front yard setback, and Mr. Casadaban stated the setback will actually be about 100' because of the topography ofthe lots. Council Member Wood asked Mr. Casadaban what the width of the structures will be, and Mr. Casadaban stated that two of the structures will be 40' wide, and one will be 48' wide. - Mayor Bacon recognized Ms. K. C. Clavin, who commented favorably about the proposed construction. Ms. Clavin requested that OC use quality exterior finishes on all four sides of the proposed structures. Council Member Scoggins read the following list of stipulations formulated by staff: 1. The development will maintain the following setbacks: Front - 30', Side - 5', Side Exterior - 10', Between Buildings - 10' and Rear - 30'. 2. No striped parking spaces shall be provided adjacent to Hawthorne Avenue. - May 19.2003 5 3. - 4. 5. 6. 7. 8. 9. The final plat for the development shall dedicate an additional 5' of right-of-way for any improvements on Hawthorne Avenue (the front yard setback can be based upon the existing property line prior to the dedication). Each residence will be a minimum of 2,060 square feet in area. The elevations for the residences shall comply with those included by the applicant in the rezoning package. There shall be protective covenants on all lots. The protective covenants shall be supplied to the City prior to the issuance of a building permit. Any necessary retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. All utilities within the development shall be underground. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 10. Each lot shall have the following trees replanted per lot either: four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. - Mr. Casadaban stated he will abide by all the stipulations read by Council Member Scoggins. Council Member Lnenicka asked Mr. Casadaban how he feels about Ms. Clavin's request for quality exterior finishes on all four sides of the proposed structures. Mr. Casadaban stated that such a requirement could put him at a competitive disadvantage with other builders. MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z03-09, for a .798 acre tract in Land Lot 561 at 1418 Hawthorne Avenue from R-15 (SFR) to RAD Conditional for Orion Construction, LLC. The motion was seconded by Council Member Cramer. Council Member Newcomb asked Mr. Miller to provide additional details regarding the protective covenants alluded to in the stipulations. Mr. Miller stated these covenants can include requirements for colors, maintenance standards, parking, and other regulations. Council Member Newcomb asked Mr. Miller ifthe Community Development Department will be involved in the formulation of the covenants, and Mr. Miller stated City staff could review the proposed covenants before issuance of building permits. Council Member Newcomb asked Council Member Scoggins if it would be acceptable to include the review of the proposed covenants before issuance of building permits as an additional stipulation of rezoning. Mr. Miller stated that, because the proposed houses will be in close proximity to each other, some covenants protecting the neighborhood are a good idea. Council Member Hawkins stated protective covenants are usually in the purviews of a homeowners association (HOA). Mr. Miller stated that, because there will be no common areas in this development, there will not be an HOA. Council Member Newcomb asked Mr. Miller if certain large trees at the subject location will be preserved, and Mr. Miller provided details of steps that will be taken to help minimize the loss of trees at the development. Council Member Newcomb asked Mr. Miller if the requirement for a 10' separation between the structures entails special fireproofing measures, and Mr. Miller - May 19. 2003 6 answered in the affirmative. Motion was approved 7 - O. (E) Land Use Change Request Z03-09 - .798 Acre Tract in Land Lot 561, 1418 Hawthorne A venue - Low Density Residential to High Density Residential - Orion Construction, LLC - 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 Land Use Change Request Z03-09, for a .798 acre tract in Land Lot 561 at 1418 Hawthorne Avenue from Low Density Residential to High Density Residential for Orion Construction, LLC. The motion was seconded by Council Member Hawkins. Council Member Newcomb asked Mr. Miller if High Density Residential is the correct land use category, and Mr. Miller stated it should be Medium Density Residential. Council Member Scoggins restated the motion to approve Land Use Change Request Z03-09, for a .798 acre tract in Land Lot 561 at 1418 Hawthorne Avenue from Low Density Residential to Medium Density Residential for Orion Construction, LLC. The motion was seconded by Council Member Hawkins. The restated motion was approved 7 - O. (F) Variance Request - Approval of Outside Construction on Four Sundays between May and June - 1399 Roswell Street - Jon Carr Mr. Wright stated the City code limits construction activity to between 7:00 a.m. and 6:00 p.m. on weekdays and 9:00 a.m. and 6:00 p.m. on Saturdays. Mr. Wright stated the applicant has requested a variance to do construction work on four Sundays. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Scoggins recognized Mr. and Mrs. Carr, and expressed regret for any inconvenience which may have resulted from the stop-work directive the City was required to issue them on a recent Sunday when construction was going on at the subject location. Council Member Scoggins expressed appreciation to Mr. and Mrs. Carr for the efforts they are making to renovate this structure. Mrs. Carr asked Council Member Scoggins to change the dates of the variance to May 25, June 1, June 15 and August 3 if possible. Council Member Hawkins asked Mr. and Mrs. Carr what hours they propose to work on the four Sundays, and Mrs. Carr answered from 1 :00 p.m. to 6:00 p.m. MOTION: Council Member Scoggins made a motion to approve a variance request for approval of outside construction on four Sundays between May 25 and August 3 from 1 :00 p.m. to 6:00 p.m. at 1399 Roswell Street for Jon Carr. The motion was seconded by Council Member Hawkins. Motion was approved 7 - O. (G) Variance Request V03-017 - Reduction in Front Yard Setback - 5323 Whitehaven Park Lane - John Wieland Homes Mr. Wright stated the zoning for the subject property established a minimum front yard setback of 25.' Mr. Wright stated John Wieland Homes (JWH) has requested reduction in front yard setback at the subject location from 25' to 23.5' because of the topography at the subject location, and that staff recommends approval of the proposed variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - May 19. 2003 7 - Council Member Wood recognized Mr. Todd Allmond, representing JWH. Council Member Wood asked Mr. Allmond to explain the need for the requested variance to those present. Mr. Allmond stated the topography at the subject location is very steep, and that efforts are being made to place the structure at street level and not in a depression. Mr. Allmond stated the requested reduction in front yard setback will also help provide a back yard for the future occupant. Council Member Wood asked Mr. Allmond if it is correct that the owner of an adjoining property has been contacted about the proposed variance and has expressed no objections to it, and Mr. Allmond answered in the affirmative. MOTION: Council Member Wood made a motion to approve Variance Request V03-017 for a reduction in front yard setback at 5323 Whitehaven Park Lane from 25' to 23.5' for John Wieland Homes. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (H) Amendment of Sign Code 82-3 (i)G)(k); 82-9 (d); 82-12 (j); 82-15 (a) (1) (2); 82-16 (b) 4 Mr. Wright stated that on March 3, 2003 the City approved a revision to the City Sign Ordinance. Mr. Wright stated that staff has identified a number of issues not addressed by the ordinance. Mr. Wright stated specific regulation is not currently provided for window signs or wind-actuated signs which can cause distractions for motorists. Mr. Wright stated the requirements mandating the removal of signs not in compliance with the Sign Ordinance does not apply to discontinued signs when the tenant or owner is not changed. Mr. Wright stated staff recommends approval of the amendments to the Sign Ordinance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Lnenicka stated that the amendments will bring needed clarification to some of the language in the Sign Ordinance. Council Member Lnenicka stated that signs not requiring a permit are described in the amendment. Council Member Lnenicka stated that conditions for use of A-frame type signs in the downtown business district are described in the amendment. MOTION: Council Member Lnenicka made a motion to approve amendment of City Sign Ordinance Sections 82-3, subparagraphs (i), (j) and (k); 82-9, subparagraph (d); 82-12, subparagraph (j); 82-15, subparagraphs (a) ( 1 ) and (a) (2); and 82-16, subparagraph (b) 4 as submitted. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (I) Privilege License Request - Retail Package Sales of Beer, Wine and Liquor - Smyrna World of Beverages - 4474 South Cobb Drive - Anwar Noorali, Agent Applicant Mr. Wright stated that this is a new agent and ownership application. Mr. Wright stated that review of the application by staff found it to be in order. 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 Lnenicka recognized Mr. Noorali, and asked him to provide details about the business he will be opening soon to those present. Mr. Noorali stated he hopes to be open for business by July 4. Council Member Lnenicka asked Mr. Noorali to provide details about the steps he will take to help ensure compliance with the City's alcoholic beverage sales regulations. Mr. Noorali described a computerized point-of-sale system that will be used at Smyrna World of Beverages (SWB) which will prompt cashiers to ask purchasers of alcoholic beverages to present May 19. 2003 8 appropriate identification. Mr. Noorali stated the system will calculate the age of customers based on their dates of birth to make certain they are of legal age to make the purchase. Mr. Noorali stated that all customers will be asked to present appropriate identification when purchasing alcoholic beverages. Council Member Lnenicka asked Mr. Noorali why he proposes to have a policy at SWB of not selling products of any type to persons under the age of21, and Mr. Noorali stated he wishes to discourage traffic of underage persons at SWB. Mr. Noorali stated this policy is in place in various other jurisdictions. Council Member Lnenicka asked Mr. Noorali to provide details about his plans for keeping SWB clean and well-maintained. Mr. Noorali stated he will make efforts to make certain the premises of SWB are in compliance with City landscaping requirements and building codes. Council Member Lnenicka advised Mr. Noorali that the City of Smyrna is very strict about enforcement of alcoholic beverage sales regulations. - MOTION: Council Member Lnenicka made a motion to approve a privilege license request for retail package sales of beer, wine and liquor for Smyrna World of Beverages at 4474 South Cobb Drive for Anwar Noorali, Agent. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (J) Privilege License Request - Bail Bond Operation - Harris Quik Bail Bonding Company - 463 Windcroft Circle, Acworth - Michael Dwayne Harris, Agent Applicant Mr. Wright stated that review of the application by staff found it to be in order. 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 Wood recognized Mr. Harris, and asked Mr. Harris ifhe is familiar with the City's regulations governing the operation of a bail bonding company, and Mr. Harris answered in the affirmative. Council Member Wood asked Mr. Harris ifhe has the appropriate surety bond as required by the City ordinance, and Mr. Harris answered in the affirmative. MOTION: Council Member Wood made a motion to approve a privilege license request for bail bond operation for Harris Quik Bail Bonding Company, 463 Windcroft Circle, Acworth, for Michael Dwayne Harris, Agent. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (K) Privilege License Request - Vehicle for Hire - A First Choice Limousine, Inc. - 991 Concord Road - Fernando Sims, Agent Applicant Mr. Wright stated that review of the application by staff found it to be in order. 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. Sims, and asked Mr. Sims to provide a brief description of the business he proposes to operate to those present. Mr. Sims stated that A First Choice Limousine, Inc (AFC) now operates five vehicles, including two luxury sedans and three stretch limousines. Mr. Sims stated that his clients include corporate entities and individuals needing limousine services for weddings, proms and similar functions. Mr. Sims - May 19.2003 9 - stated AFC drivers have proper chauffeur licenses and have passed background checks. Mr. Sims stated all AFC vehicles are covered with 1.5 million dollars worth of liability insurance. Mr. Sims stated all AFC vehicles have been inspected by the Georgia DMV, and that AFC presently employs seven drivers. Council Member Hawkins asked Mr. Sims if AFC plans to offer conventional taxi services, and Mr. Sims said no. Council Member Hawkins asked Mr. Sims if AFC has adequate parking at the 991 Concord Road location, and Mr. Sims answered in the affirmative. Council Member Hawkins stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Council Member Scoggins asked Mr. Sims if a CDL permit is required to operate the IS-passenger stretch limousine in the AFC fleet, and Mr. Sims said yes, and that two of AFC's drivers have the necessary CDL permit to operate that vehicle. MOTION: Council Member Hawkins made a motion to approve a privilege license request for vehicle for hire for A First Choice Limousine, Inc. at 991 Concord Road for Fernando Sims, Agent. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. FORMAL BUSINESS: (A) Appointment of Member to the Smyrna Housing Authority Council Member Lnenicka stated that George Mercurius has completed two five-year terms with the Smyrna Housing Authority, and that in this capacity Mr. Mercurius has performed valuable service to the City. Council Member Lnenicka stated that Mr. Mercurius has indicated willingness to serve another term on the Smyrna Housing Authority. ... MOTION: Council Member Lnenicka made a motion to reappoint George Mercurius to another term on the Smyrna Housing Authority to commence May 3, 2003 through April 30, 2008. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (B) Approval of Changes to the Alcoholic Beverage Ordinance Mr. Wright stated that the purposes of the proposed amendments include elimination of public hearings for all liquor licenses except those at new locations, increased flexibility for penalties imposed for violations of the alcoholic beverage ordinance and correction of references to certain City employees in regard to their handling of alcoholic beverage license applications. Council Member Wood read a recapitulation of the sections of the Alcoholic Beverage Ordinance which will be changed. MOTION: Council Member Wood made a motion to adopt Ordinance 2003-17 amending the Alcoholic Beverage Ordinance. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (C) Appointment of Members to the Downtown Development Authority .... Council Member Lnenicka stated the one-year terms of the current Downtown Development Authority members have expired. Council Member Lnenicka stated these members are unpaid citizen volunteers, and that they do a great job for the City. Council Member Lnenicka stated that Hubert Black, Eric Cash, Doug Stoner, C. J. Fouts, Jim Pitts and Larry Freeman have indicated they would like to be reappointed to serve another term on the Downtown Development Authority. May 19.2003 10 MOTION: Council Member Lnenicka made a motion to reappoint Hubert Black, Eric Cash, Doug Stoner, C. J. Fouts, Jim Pitts and Larry Freeman to another one-year term on the Downtown Development Authority. The motion was seconded by Council Member Wood. Council Member Lnenicka stated that one vacant post on the Downtown Development Authority remains unfilled. Motion was approved 7 - O. - (D) Appointment of Member to the Smyrna Revitalization Authority Council Member Lnenicka stated that Linda Smith has expressed interest in serving on the City's Revitalization Task Force. Council Member Lnenicka stated that the agenda should reflect an appointment to the Smyrna Revitalization Task Force rather than the Smyrna Revitalization Authority. Council Member Lnenicka stated ajoint meeting of the Authority and Task Force is set for May 29 at 6:30 p.m. at the City Library. Council Member Lnenicka stated the City is fortunate to have a considerable number of volunteers willing to devote some of their time and talents to help guide the City toward the next phase of revitalization. MOTION: Council Member Lnenicka made a motion to appoint Linda Smith to the Smyrna Revitalization Task Force. The motion was seconded by Council Member Wood. Council Member Scoggins asked if the Task Force members have been apprised ofthe upcoming meeting on May 29, and Council Member Lnenicka advised that letters were sent out notifying members about the meeting. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. .... CONSENT AGENDA: (A) Approval of May 5, 2003 minutes (B) Approval of Use of Council Chambers by the Heritage at Vinings Homeowners Association on Thursday, May 29 from 7:00 p.m. to 8:30 p.m. (C) Approval of Extension of Intergovernmental Agreement with Cobb County to August 31, 2003 (D) Amendment of Contract with City Administrator to Extend Deadline to Reside within the City Limits (E) Approval to Solicit RFP's for Playground Equipment to be Purchased with CDBG Funds The equipment will be located at Chuck Camp Park. The site was previously planned and prepared during Phase II construction. FY'02 CDBG monies will be utilized. This project will be advertised for three weeks as per CDBG requirements. The existence of a playground before the next phase of construction will provide another youth recreation alternative for visiting families. (F) Approval of Special Event (One Time) for Market Village Fountain Area to be Held Saturday, May 31, 2003 .... Mav 19.2003 11 (G) Approval of Use ofthe Veterans Memorial by the American Legion for a Memorial Observance on Monday, May 26, 2003 from 10:00 a.m. to 11 :00 a.m. - (H) Approval of FISH Radio "Christmas in July" Event at the Market Village on Friday, July 25,2003 MOTION: Council Member Lnenicka made a motion to approve the consent agenda. Motion was seconded by Council Member Wood. Motion was approved 7 - O. COMMITTEE REPORTS: 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 an exhibit of seascape photography by Karen Roberts and a collection of miniature teacups. Mr. Seigler stated that efforts are underway to upgrade the library catalog system to include Spanish language capability. Council Member Pritchett recognized Mr. Ciaccio, who provided details of improvements planned for the City's park facilities. Mr. Ciaccio reported that recent inclement weather conditions have impeded some projects, including pool repairs. Council Member Pritchett recognized Ms. Bennett, who expressed appreciation to the Parks and Recreation Department for their assistance with the May jazz concert, which was a successful event. Ms. Bennett stated another concert event is scheduled for June 14. ... Council Member Newcomb recognized Mr. Corey, who provided to those present details concerning positions for which the City is recruiting. Mr. Corey congratulated Officer Kenneth Owens of the City police department on being named Employee of the Month for the month of April. At Council Member Newcomb's request, Mr. Corey provided details to those present regarding the various means by which information pertaining to City job openings can be accessed. Council Member Scoggins recognized Chief Hook, who provided details of current City police operations to those present. Chief Hook described a seat belt use enforcement program currently underway to those present. Chief Hook provided details of the City police department's staffing levels to those present. - Council Member Scoggins recognized Chief Williams, who reported that Governor Perdue has declared this week Hurricane Awareness Week. Chief Williams provided details regarding the siren warning system, and recommended steps for citizens to take when these alarms are activated. Chief Williams stated that activations of short duration will usually be maintenance tests. Council Member Hawkins asked Chief Williams about the status of a previously discussed program which allows broadcast capability to be accessed through Charter Cable during emergencies to disseminate timely information to the public. Chief Williams provided an explanation as to why this capability is not currently available, and stated that the service provider has indicated they will try to restore this capability at some point. Council Member Hawkins asked Chief Williams to inquire further into this matter. Council Member Scoggins asked Chief Williams if all ofthe siren warning system units are in operable order, and Chief Williams stated that one of the units is presently inoperative because it has been shipped out for repairs to its radio receiver. Chief Williams stated the inoperative unit was previously emplaced in the area of May 19. 2003 12 Campbell Road. Chief Williams stated that the siren warning system equipment is old and becoming difficult to maintain. Mayor Bacon stated he does not hear the units being tested very often. Chief Williams stated the units are tested on the first Wednesday of each month. Chief Williams stated an information pamphlet featuring siren locations and recommended responses for citizens during emergencies is being prepared for distribution in City water bills in the near future. - Council Member Hawkins recognized Ms. Hiott, who stated that a training session hosted by the DMV is scheduled at City Hall on Wednesday regarding citations and how they are processed at court. Ms. Hiott stated this class instruction is expected to result in improved customer service. Ms. Hiott stated that a diversion program for persons who are first offenders is also being implemented, and that this appears to be a promising program as well. Council Member Cramer recognized Mr. Hildebrandt, who had no report. Council Member Cramer recognized Mr. Riner, who reminded those present that there will be no sanitation service on the upcoming holiday. Council Member Cramer recognized Ms. Kirk, who provided details of the recent Great American Clean-Up event, which was a success. Ms. Kirk provided specific details of the level of volunteer participation in the various Keep Smyrna Beautiful (KSB) activities. Ms. Kirk expressed appreciation to Smyrna Tire Services for accepting, at no charge, about 140 discarded tires collected by Lovett School volunteers. Ms. Kirk expressed appreciation to the members of First Baptist Church for the beautification efforts undertaken on their church property, and to the many other organizations and volunteers who continue to help make KSB projects successful. Ms. Kirk expressed thanks to Home Depot, Georgia Power, Coca-Cola, Waste Management, Keep Georgia Beautiful, and other businesses and organizations for contributions of materials, advertising and other support to KSB. - Council Member Cramer reminded those present that pavers are still available for the Veterans Memorial, and that contributions are also accepted by the Veterans Memorial Association. Council Member Lnenicka recognized Mr. Chris Miller, who provided current building permit statistics to those present. Council Member Lnenicka stated the Brawner property is now being used for some City offices, and that there are long-range plans to obtain funding to convert this property into a park. Council Member Lnenicka stated that the Heritage at Vinings homeowners association will have a neighborhood watch meeting at City Hall next Thursday night. Council Member Lnenicka expressed appreciation to the residents ofVinings Glen, who had their annual homeowners meeting yesterday. Council Member Lnenicka stated there will be an upcoming meeting for residents of Argyle Estates on June 5 at City Hall. Council Member Lnenicka expressed appreciation to Dr. Dan Curriden, City staff members, KSB volunteers and others for their efforts which made the Kids Day America event last Saturday a success. - May 19. 2003 13 - Council Member Lnenicka stated that the first Memorial Day ceremony at the Veterans Memorial is scheduled for May 26 at 10:00 a.m., and will be hosted jointly by Smyrna American Legion Post 160 and the Oakdale Veterans of Foreign Wars. Council Member Lnenicka wished his niece, Shannon Johnston, a happy birthday. Council Member Wood recognized Ms. Edgar, who expressed appreciation to Mr. Wright and other members of the City management staff for their efforts during the budget process. Ms. Edgar stated that budget hearings will commence tomorrow evening, and that this process is in its final stages and is expected to result in a balanced budget. Council Member Wood stated that the Fiscal Year 2004 budget will be submitted to the Mayor and Council in June for approval. Mr. Wright reminded those present that City Hall will be closed next Monday for the Memorial Day holiday. Mr. Wright reminded those present that Smyrna Night with the Braves will be May 28, and that tickets for this event are on sale at the Community Center. Council Member Cramer wished Mr. Wright a happy birthday. CITIZENS INPUT: ... Mayor Bacon recognized Dr. Dan Curriden, who thanked Council Member Lnenicka for attending the Kids Day America (KDA) event. Dr. Curriden stated the KDA event was started in order to make an impact on the community, especially in the areas of childrens health and safety and their environmental awareness. Dr. Curriden expressed appreciation to the Mayor and Council Members for the proclamation from the City recognizing KDA as an important event. Dr. Curriden stated that topics covered at the KDA event included bicycle safety, fire safety and crime prevention and awareness. Dr. Curriden stated the attending children received a spinal health check-up, photo identification with fingerprints, and various prizes. Dr. Curriden expressed appreciation to Mr. Ciaccio and the Parks and Recreation Department staff for their help with this event. Dr. Curriden expressed appreciation to Chief Hook, Chief Williams and other public safety personnel for their help with this event. Dr. Curriden stated that funds were also raised for MUST Ministries at this event. Dr. Curriden expressed thanks to various other persons and organizations for their help with this event. ADJOURNMENT: With no further business, the meeting was adjourned at 9:38 p.m. - May 19. 2003 14 A. MAX BACON, MAYOR q ~c-n ,~Q ,~' S SAN D. HIOTT, CITY CLERK - p~~ BILL SCOGGl, D 3 q; ~~t2- WADE S. LNENICKA, WARD 6 - -- Ordinance 2003-16 .... AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 82 - SIGNS, BE AMENDED BY REVISING SECTIONS 82-3, 82-9, 82-12, 82-15 AND 82-16, PROVIDING SPECIFIC REGULATION FOR WINDOW SIGNS AND WIND-ACTUATED SIGNS, AND REQUIREMENTS MANDATING THE REMOVAL OF SIGNS NOT IN COMPLIANCE WITH THE SIGN ORDINANCE APPLICABLE TO DISCONTINUED SIGNS WHEN THE OWNER OR TENANT IS NOT CHANGED BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Sections 82-3, 82-9, 82-12, 82-15 and 82-16 of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such sections shall read as follows: Section 82-3 Signs Not Requiring Permits shall be amended by the addition of the following subsections: "Section 82-3 (i) Window signs provided the total sign area does not exceed 50% of the individual window pane. .... Section 82-3 (j) Signs located ten (10) or more feet behind a window or garage bay door opening. Section 82-3 (k) "A-Frame" sandwich signs within Downtown Development Districts 1 and 2 provided the total area of both sign faces do not exceed 25 square feet total and the sign is not permanently affixed." Section 82-9 Removal of Signs, subsection (d), shall be amended to read as follows: "Any commercial sign not currently in compliance with this article as of March 3, 2003 must be brought into compliance within thirty (30) days after a change of ownership, discontinuance of the sign's use, or discontinuance of operation of the commercial entity on the lot on which the commercial sign is located. For planned shopping centers, free-standing signage advertising more than one tenant must be brought into compliance within thirty (30) days after either a change in ownership for the entire center or if more than 50% of tenants (as of March 3, 2003) are discontinued or changed." Section 82-12 Prohibited signs and sign devices, subsection (j), shall be amended to read as follows: "Wind-actuated, air or gas-filled devices (such as balloons or streamers) containing a commercial message." - Ordinance 2003-16 - Approved by Mayor and Council this 19th day of May, 2003. Attest: A. Max Bacon, Mayor C)]~ . 'Ii' t/:;- 1 .' /-" \..- ,<.... ,Ju...<:k2 11 ) L./. . '-<-6>- /" . Susan D. Hiott, City Clerk City of Smyrna - Scott A. Coc an, City Atto City of Smyrna - 3 Ordinance 2003-16 Section 82-15 Requirementsfor all signs, subsection (a) (1), shall be amended to read as follows: - "All permanent sign structures shall be constructed so as to comply with the International Building Codes or its amendments unless specifically exempted by the article. Any reference in the International Building Code or its amendments that refers to outdoor advertising displays shall be read as being applicable to all commercial sign structures." Section 82-15 Requirements for all signs, subsection (a) (2), shall be amended to read as follows: "If a permanent sign (excluding wall signs) requires a sign permit then the sIgn structure must be a ground based monument sign structure." Section 82-16 Signs allowed in zoning districts, subsection (b) 4, shall be amended to read as follows: ... "Temporary on-premises advertising devices and signs, including banners, provided the area of each sign face shall not exceed 16 square feet and shall not be closer than 20 feet to the pavement of any street or on any public right-of-way. Such signs shall be approved by the Community Development Department for a maximum period of sixty (60) days within a twelve (12) month period, after which they shall be removed. No more than one temporary on-premises advertising sign or device may be used at a time." 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. - 2 Ordinance 2003-17 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 6, ALCOHOLIC BEVERAGES, BE AMENDED BY REVISING SECTIONS, 6-38, 6-102, 6-104, 6-107, 6-109, 6-110, 6_111,6-113,6-114,6-115,6-116,6-144 AND 6-162; PROVIDING THAT A HEARING OFFICER DESIGNATED BY THE MAYOR AND COUNCIL CONDUCT HEARINGS ON NEW OWNERS AND NEW MANAGERS; TO INCREASE FLEXIBILITY FOR RECOMMENDED PENAL TIES FOR VIOLATION OF THE ORDINANCE; TO PERMIT ALCOHOL BY THE DRINK TO BE TAKEN BEYOND THE INDOOR BOUNDARIES OF THE PREMISES COVERED BY THE LICENSE AT RESTAURANTS IN THE DOWNTOWN; AND TO CHANGE REFERENCES TO THE CITY CLERK TO THE BUSINESS LICENSE OFFICER BE IT ORDAINED BY THE MA YOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Sections 6-38, 6-102, 6-104, 6-107, 6-109, 6-110, 6-111, 6-113, 6-114, 6-115, 6-116, 6-144 and 6-162 of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such sections shall read as follows: .... Section 6-38 Delivery by retailer beyond licensed premises shall be amended to read as follows: "It shall be unlawful for any licensee under this article to make deliveries of any alcoholic beverage by the package beyond the boundaries of the premises covered by the license. Except for restaurants in the Smyrna Central Downtown, it shall be unlawful for any licensee under this article to serve any alcoholic beverages by the drink beyond the boundaries of the premises covered by the license. For restaurants in the Smyrna Central Downtown to serve alcoholic beverages by the drink beyond the boundaries of the premises covered by the license, such service must be first approved by the Mayor and City Council. (Ord. No. 95-03, S 3-3-10, 5-1-95)" Section 6-102 Written format shall be amended to read as follows: "An applicant for an alcoholic beverage license shall make written application to the governing body of the city through the business license officer upon such forms to be prepared and approved by the governing body; provided that an applicant seeking more than one type of license or an additional license must submit a separate application for each type of license sought. (Ord. No. 95-03, S 3-2-2, 5-1-95)" - Ordinance 2003-17 Section 6-104 Fees shall be amended to read as follows: - "Upon filing ofthe application for an alcoholic beverage license with the business license officer, the city shall require the applicant to pay a processing fee according to a fee schedule set by the governing body to cover the expense of advertising, investigation and processing of the application. The fee is not refundable. (Ord. No. 95-03, 9 3-2-4, 5-1-95)" Section 6-107 Authorized officers shall be amended to read as follows: "Persons considered to be authorized officers of the governing body include, but are not limited to, the following or their designees: City clerk, city attorney, city administrator, police chief, city building inspector, city finance officer, business license officer, and hearing officer. (Ord. No. 95-03, 9 3-2-7, 5-1-95)" Section 6-109 Investigation by police department shall be amended to read as follows: - "The police chief or designee shall cause an investigation to be conducted into the character, citizenship and residency of every applicant for a license and shall cause a report to the governing body to be issued, including findings and a recommendation, to be filed with the business license officer. A search, both locally and through the National Crime Information Center, shall be conducted to determine the applicant's and agent's criminal record. Each applicant and agent shall provide other such information as may be required to confirm the identity of the applicant and agent, including fingerprints in such a manner as may be required if necessary to confirm the identity. (Ord. No. 95-03, 9 3-2-9, 5-1-95)" Section 6-110 Investigation by city building inspector shall be amended to read as follows: "The city building inspector or designee shall cause an investigation to be conducted of every application for a license and shall cause a report to the governing body to be issued, including findings and a recommendation, to be filed with the business license officer. Such investigation shall determine whether the existing or proposed premises complies with all building, parking, health, fire, and similar city ordinances, whether the plats submitted as part of the application are correct, and whether the place of the proposed business is properly zoned therefor. (Ord. No. 95-03, 9 3-2-10, 5-1-95)" Section 6- 111 Investigation by finance officer shall be amended to read as follows: - "The finance officer or designee shall cause an investigation to be conducted of every applicant for a license and shall cause a report to the governing body to be issued, including findings and a recommendation, to be filed with the business license officer. Such investigation shall be made into the city tax records to determine if the applicant, 2 Ordinance 2003-17 - owner or agent or other parties with interest in the application, such as the owner of the property if not the same as the applicant, owner, or agent, has or have any outstanding taxes or special assessments that are delinquent against the property or any other monies owing to the city. (Ord. No. 95-03, S 3-2-11, 5-1-95)" Section 6-113 Public notices of intent and of hearing, subsection ( a), shall be amended to read as follows: "All applicants for licenses under this article shall give notice of the purpose of making such application by advertisement at least one time a week for two consecutive weeks in the newspaper in which the legal advertisements of the city are carried, which notice shall contain the business name and address of the location of the proposed premises; the owners of the business as required by the application; and the name of the applicant(s). The ad will also contain the date and time of the hearing. The advertisement referred to in this section shall be of the type not smaller than ten point capital and lowercase and shall be at least a one-inch column advertisement." Section 6-114 Public hearing on application shall be amended to read as follows: - "(a) Where the proposed location has been vacant for one year or more or has never been licensed to sell alcoholic beverages, the governing body shall hold a public hearing on the application for a license after notice as required herein and prior to action by the governing body. (b) For all other applications, a hearing officer designated by the governing body shall hold a public hearing on the application for a license after notice as required herein and prior to action by the hearing officer. (c) When an application is denied by the hearing officer, the applicant may appeal to the governing body. Such appeal must be filed within ten days of the decision of the hearing officer. The applicant must provide notice of the appeal hearing in the same manner as provided in section 6-113 (a) ofthis chapter. (Ord. No. 95-03, ~ 3-2-14, 5-1-95)" Section 6-115 Appearance of applicant shall be amended to read as follows: "The applicant for a license shall appear before the governing body or hearing officer when the application is to be considered; provided that the applicant may be represented by the manager who is jointly applying. (Ord. No. 95-03, S 3-2-15, 5-1-95)" Section 6-116 Character shall be amended to read as follows: - "The governing body or hearing officer may deny a license when the application or the evidence presented before the governing body or hearing officer at the time of the hearing on the application shows any of the following conditions to exist:" 3 Ordinance 2003-17 Section 6-144 Excise tax upon the sale of distilled spirits by the drink, subsection (i) [administration] (1) shall be amended to read as follows: - "Authority of business license officer. The business license officer shall administer and enforce the provisions of this article for the levy and collection of the tax imposed by this article." Section 6-144 Excise tax upon the sale of distilled spirits by the drink, subsection (i) [administration] (2) shall be amended to read as follows: "Rules and regulations. The business license officer shall have the power and authority to publish reasonable rules and regulations as approved by the mayor and council of the city for the administration and enforcement of the provisions of this article and the collection of the taxes pursuant to the provisions of this article." Section 6-162 Criminal penalties for violation of chapter; administrative actions, subsection (b) shall be amended to read as follows: "The governing authority may take administrative action under this chapter, including license suspension or revocation independent of court citations or the lack thereof, and independent of the disposition or lack of disposition thereof." - Section 6-162 Criminal penalties for violation of chapter; administrative actions, subsection (c) shall be amended to read as follows: "The intent of the table below is to be a guide for the governing authority in providing for fair and consistent procedures and possible penalties for alleged violations ofthis chapter. The authority to deviate from this guide, including but not limited to provisions regarding show cause hearings, computation of number of offenses, time periods, and penalties, is expressly reserved to the governing authority, as is the authority to consider mitigating circumstances in deciding upon possible penalties. - 4 Ordinance 2003-17 Table To Be Used As A Guide For Possible Penalties At Show Cause Hearings - Offense Class III Violations (less Class 11 Violations Class I Violations (most serious) (serious) serious) ~ 6-50. License to be All sections of chapter not ~ 6-60, Exotic dancing in displayed. listed under Class I or III. connection with pouring licensee. ~ 6-54. Pricing. ~ 6-69. Sales to certain persons prohibited. ~ 6-55. Prices to be consoicuously displayed. ~ 6-56. Exterior advertisements. First Warning letter 5-year Class 11 probation'" o to IS-day suspension", 5-vear Class I probation Second 5-year Class 111 probation o to 15-day suspension, 5- 0- to 60-day suspension, 5- year Class II probation year Class I orobation Third o to 15-day suspension. 5- 0- to 60-day suspension, 5- 0- to ISO-day suspension, year Class 111 probation year Class 11 probation 5-year Class I probation Fourth 0- to 60-day suspension, 5- 0- to ISO-day suspension, 30-day to I-year year Class 111 probation 5-year Class II probation suspension, 5-year Class I probation Fifth 0- to ISO-day suspension, 30-day to I-year Revocation of license 5-year Class 111 probation suspension, 5-year Class 11 probation - 'Number of offenses are to be tallied over a five-year period through and preceding the date of the most recent alleged violation. City officials shall keep a list of offenses on record for each licensee. "Fifth" offenses applies to fourth or more offenses. Offenses in one class shall not be counted towards the number of offenses in a different class. "Suspensions should not be redeemable through payment of a fine or buy-out provision. Length of suspension should be based on mitigating factors as determined by governing authority. '''Probation should [be] for possible subsequent violations in that class only. (Ord. No. 95-03, S 3-5-2, 5-1-95)" 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. - 5 Ordinance 2003-17 ... Approved by Mayor and Council this 19th day of May, 2003. Attest: /~~ A. Max Bacon, Mayor :. 'tJ:- ' f~" l. / 'c ~ C?JLh{J/l I:J J. j.lil1F , Susan D. Hiott, City Clerk City of Smyrna - Approv~d as to form: ~A~ Scoft .' Coc an,' City Attorney City of Smyrna .. 6 May 5. 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 Council Member Hawkins, followed by the pledge to the flag given by Scout Matthew Brooks. AGENDA CHANGES: Mayor Bacon stated that agenda item #5B (Approval of Application for Annexation - Land Lots 748 and 749 - 31.8 Acre Tract) will be tabled until the May 19, 2003 Council meeting. Mayor Bacon stated that persons wishing to make public comment on this matter should come forward and be sworn in, and the oath was administered to several persons by Mr. Cochran. Mayor Bacon recognized Michael Bowers, Esq., who asked the Mayor and Council Members to consider re-tabling this proposed annexation. Mr. Bowers stated that between the James Bolling Subdivision and the city limits of Smyrna, the linkage is along a railroad. Mr. Bowers stated the railroad is owned by the State of Georgia, and leased to CSX. Mr. Bowers stated he has brought this to the attention of the City Attorney, and that this matter needs examination. Mr. Bowers stated that this railroad property cannot be annexed without an act of the State Legislature, and asked that this annexation not occur. Mr. Bowers indicated he will be willing to work with Mr. Cochran to analyze this aspect of the proposed annexation. - Mayor Bacon recognized Mr. Ron Seifert (phonetic), representing the Vinings Homeowners Association (HOA). Mr. Seifert stated he is glad the measure has been tabled, and that the HOA membership would be concerned about the prospect of the CSX corridor being utilized to affect an annexation, and also being possibly used as an access path. Mr. Seifert stated the CSX corridor runs through the Vinings community, and the residents there are not seeking annexation. Mr. Seifert stated that creating islands, and manufacturing a connection using the CSX corridor, seems to the HOA membership to be contrary to the intent of State law. Mr. Seifert stated that the subject area is residential, and within the jurisdiction of Cobb County. Mr. Seifert stated he assumes the subject property is being considered for annexation for the purpose of future commercial development, which he considers incompatible with the surrounding area. Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, who asked those persons present who' are opposed to the proposed annexation to stand up. Ms. Barnes stated she also has a petition with thirty-five names on it. Ms. Barnes expressed the view that the proposed annexation would create an island and make municipal services unnecessarily difficult to provide. Ms. Barnes stated that small, community-friendly businesses are needed in the subject area, not large chain stores. Ms. Barnes expressed opposition to the proposed annexation. - Mayor Bacon recognized Mr. Bill Kirkman, residing at 1960 Tristan Drive, who expressed opposition to the proposed annexation. Mr. Kirkman stated that he and the other members of the homeowners association (HOA) representing the community he resides in consider any commercial development to be outside the character of the surrounding community. Mr. Kirkman read a resolution from the HOA setting forth their objections to the proposed annexation, and requesting the City to withdraw this annexation proposal. May 5. 2003 2 CITIZENS INPUT: Mayor Bacon recognized Mr. Patrick Sharp, Student Council President, and stated that Patrick will be Honorary Mayor presiding over the evening's proceedings. - Honorary Mayor Sharp recognized Mr. Rusty Hill, Associate Principal of Campbell High School (CHS). Mr. Hill expressed appreciation to the Mayor and Council Members for their support of CHS. Honorary Mayor Sharp recognized outgoing Student Council representatives Stephen Munna and John Paul Hood. Honorary Mayor Sharp recognized Mr. Ken Hurst, who introduced incoming Student Council representatives Kasey Knight, Megan White, Courtney Moyers and Dominique Enriquez. The new Student Council representatives presented this month's character theme words. Honorary Mayor Sharp recognized Mr. Curt Johnston, who expressed appreciation to the Mayor and Council Members for the opportunity for the students to present this month's character theme words. Honorary Mayor Sharp recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road. Ms. Barnes stated that the application for rezoning measure Z-25 approved by the City Council during September of 2002 contained a statement from Mr. Geyer to the effect that efforts were made to preserve some oak trees on the property near Oakdale Road. Ms. Barnes stated that only one tree was actually saved, and that circumstances suggest to her that it may have been unnecessary to clear any of the trees. Ms. Barnes stated that at the zoning hearing for this measure, she requested that protective provisions of the City tree ordinance be complied with at the subject location. Ms. Barnes stated she spoke with Mr. Geyer at this hearing, and that Mr. Geyer provided assurances that the trees would be preserved and that the City tree ordinance would be complied with. Ms. Barnes stated that as recently as the day before, no tree-save fencing was visible at the subject location. Ms. Barnes stated that three weeks ago she brought this point to the attention of Community Development Director Chris Miller, and that Mr. Miller provided assurances that inquiry into this matter would be made. Ms. Barnes requested that the City require Mr. Geyer to arrange for tree-save fencing to be installed at the subject location. Ms. Barnes thanked those present for their attention. - MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Approval of Application for Annexation - Land Lot 562, Parcels 1,2, 3, 4, 5, 6, 7,8,9,10,11,12,13,14, 15 and 16 - 5.76 Acre Tract [Belmont Avenue] Mr. Wright stated the subject tract contains 16 parcels. Mr. Wright stated that the annexation request meets the State statutory requirements for at least 60% of the signatures of the property owners, and at least 60% of the signatures of the resident electors. Mr. Wright stated the proposed annexation will not create an unincorporated island, and that staff recommends approval of the annexation. - May 5. 2003 3 Honorary Mayor Sharp 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 for Land Lot 562, Parcels 1,2, 3, 4, 5, 6, 7,8,9,10,11,12,13,14, 15 and 16 on Belmont Avenue to become a part of Ward 3 of the City with an effective date of June 1,2003. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (B) Approval of Application for Annexation - Land Lots 748 and 749 - 31.8 Acre Tract- Various Owners Mr. Wright stated this proposed annexation is to be tabled until a subsequent Council meeting. Council Member Lnenicka stated this is a public hearing and asked for public comment. There were no further comments. - Council Member Lnenicka expressed appreciation to the numerous persons who have contacted him recently to express their views concerning this proposed annexation. Council Member Lnenicka stated it is his wish to do what is best, and that he has contacted the individual representing the applicants to let them know he wants to table this measure in order to afford this matter further consideration. Council Member Lnenicka expressed the view that a property owner is within his or her rights to request annexation into the City, and that the City has received signed applications from the owners of the subject properties requesting annexation. Council Member Lnenicka stated that there is no pending rezoning measure associated with this annexation request. Council Member Lnenicka stated it is possible that the property, if annexed, could be rezoned at a subsequent time if a rezoning request were to be made. Council Member Lnenicka stated that this property will be treated the same as any other property. Council Member Lnenicka stated he always evaluates available information and solicits the input of owners of adjoining properties in order to arrive at the best decision he can make. Council Member Lnenicka stated that some questions regarding this matter are as yet unanswered, and that this is one of the reasons the measure is being tabled. Council Member Lnenicka stated it is not the intention of the City's leadership to take part in any project which would work to the detriment of the Oakdale area. Council Member Lnenicka stated that the City previously declined to approve a development proposed for property in that area which was subsequently rezoned by Cobb County against the objections ofthe City's leadership. Council Member Lnenicka stated that, in this particular instance, the City gave up an expanded tax base and the opportunity for future annexation by adhering to what the City's leadership considered to be the right thing to do. Council Member Lnenicka cited another instance in which the City declined to annex property and rezone it for development that the City's leadership considered unacceptable; Council Member Lnenicka stated that this property was subsequently rezoned by the County and approved for a level of density that would not be allowed for the City under the existing intergovernmental contract. Council Member Lnenicka stated that he has a copy of a letter with him from the City Administrator to Mr. Hankerson at Cobb County in which are set forth the City'objections to the County's actions in this matter, and offered to let anyone wishing to see the letter to do so at the end of this Council meeting. Council Member Lnenicka stated that the City has high standards for development which compare favorably with those of other jurisdictions, and cited numerous examples to substantiate his claim. Council Member Lnenicka stated the residents in the Oakdale area may want to consider working with the City to raise the standards for potential development in the area, and to strengthen and improve it in general. - May 5. 2003 4 MOTION: Council Member Lnenicka made a motion to table approval of an application for annexation of a 31.8 acre tract in Land Lots 748 and 749 until the May 19,2003 Council meeting. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - (C) Amendment of Zoning Stipulations - Reduction in Front Yard Setback and Elimination of Thru-Street - Spring Street Village Development - Land Lot 594 - Hatcher Homes, Inc. Mr. Wright stated the applicant is seeking to amend the zoning stipulations established for the property when it was recently rezoned. Mr. Wright stated the applicant is requesting a reduction in the front yard setback from 25' to 15' for the single-family homes and elimination of the connection between the two parking lots for the two loft buildings. Mr. Wright stated that staff supports approval of the requested amendments. Council Member Scoggins recognized Mr. Hatcher, and asked him to explain the need for the requested amendments to those present. Mr. Hatcher stated the proposed design has been reconfigured to allow for a parking area at the rear of the new loft building, while eliminating the driveway called for in the original plan. Mr. Hatcher stated the reduction in front yard setback is necessitated by an increase in the size of a nearby detention pond, and the desire to preserve some trees in the vicinity of the structures. Mr. Hatcher stated that an additional benefit of the proposed reduction in front yard setback is the placement of homes closer to the street, which is considered to be in keeping with the concept of a pedestrian community. Council Member Scoggins stated the proposed changes are also expected to increase the amount of greenspace in the subject area. MOTION: Council Member Scoggins made a motion to approve an amendment of zoning stipulations for a reduction in front yard setback to 15'and elimination of a thru-street for the Spring Street Village Development in Land Lot 594 for Hatcher Homes, Inc. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - (D) Privilege License Request - Retail Package Sales (Beer, Wine & Liquor) - Mr. Bill's Package Store - 3791 P South Cobb Drive - Ownership and Agent Change Mr. Wright stated that staff has reviewed the submitted application and found it to be in order. Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude the issuance of the requested license. Honorary Mayor Sharp stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins recognized Mr. Perani, and asked Mr. Perani if his spouse, Mrs. Farida Perani, is to be the agent for the requested privilege license, and Mr. Perani answered in the affirmative. Council Member Hawkins asked Mr. Perani ifhe has previous experience selling alcoholic beverages, and Mr. Perani stated he previously operated a package store in California. Council Member Hawkins asked Mr. Perani ifhe has received and read a copy of the City's alcoholic beverage sales regulations, and Mr. Perani answered in the affirmative. Council Member Hawkins asked Mr. Perani ifhe understands the City's alcoholic beverage sales regulations, and Mr. Perani answered in the affirmative. Council Member Hawkins asked Mr. Perani if anyone other than himself or Mrs. Perani will be working on the premises of Mr. Bill's Package Store, and Mr. Perani said no. Council Member Hawkins asked Mr. Perani ifhe understands he must be fingerprinted in connection with the process of obtaining an alcoholic - Mav 5. 2003 5 - beverage sales identification card, and Mr. Perani answered in the affirmative. Council Member Hawkins advised Mr. Perani that the local police conduct undercover inquiries to check the compliance of businesses with alcoholic beverage sales regulations. Council Member Hawkins encouraged Mr. Perani to require all customers attempting to purchase alcoholic beverages to present proper identification to help ensure that no alcoholic beverages are sold to underage persons. Mr. Perani stated that both he and Mrs. Perani have completed a course on alcoholic beverage sales presented by Cobb County. Council Member Hawkins stated that that inquiry by the City police department disclosed no information which would preclude the issuance ofthe requested license. MOTION: Council Member Hawkins made a motion to approve a privilege license request for retail package sales of beer, wine and liquor for Mr. Bill's Package Store at 3791 P South Cobb Drive for Mrs. Farida Perani, Agent. Motion was seconded by Council Member Scoggins. Motion was approved 7 - O. FORMAL BUSINESS: (A) Fee Waiver Request - Massage Practitioners - Osborne Institute of Technology, Inc. DBA Smyrna Therapeutic Massage Institute - 1725 Spring Road Mr. Wright stated that the applicant has requested exemption from the privilege license fee on the grounds that Smyrna Therapeutic Massage Institute (STMI) is registered as a vocational school. - Council Member Scoggins recognized Mr. Osborn, and asked Mr. Osborn to explain why he believes he should be exempted from the customary fees. Mr. Osborn stated that STMI is a State-approved vocational school, and that he believes the fees are applicable to massage parlors only. Council Member Scoggins stated that the State also regulates the sale of alcoholic beverages, but purveyors of liquor are not exempted from licensing requirements and fees. Council Member Hawkins asked Mr. Osborn if it is correct that anyone can enter STMI and obtain massage services, and Mr. Osborn said yes. Council Member Hawkins asked Mr. Osborn if it is correct that STMI receives payment for massage services, and Mr. Osborn answered in the affirmative, but added that the fees charged by STMI will be lower than those of conventional massage operations. Council Member Hawkins stated that STMI falls in the category of a business requiring a privilege license because the nature of the business is of a type that is more closely regulated. Council Member Hawkins stated the only way a fee waiver could be considered is if STMI students practice on each other with no walk-in, fee-paying customers. Council Member Hawkins stated that exemption under any other circumstances would be unfair to other massage practitioners. MOTION: Council Member Scoggins made a motion to deny a fee waiver request for massage practitioners for Osborne Institute of Technology, Inc. DBA Smyrna Therapeutic Massage Institute at 1725 Spring Road. Motion was seconded by Council Member Hawkins. Council Member Newcomb stated he supports the motion, and that STMI is a non-public, post-secondary school operated for profit. Council Member Newcomb stated that, contrary to Mr. Osborn's statement, STMI is not a State-approved entity, but rather one that is authorized by the State. Motion to deny the request was approved 7 - O. (B) Approval of Resolution Authorizing the City of Smyrna to Apply for a State Grant for Funding an Update of the Zoning Code - Mr. Wright stated that the Community Development Department has prepared a grant application May 5. 2003 6 to fund an update of the City's Zoning Code through the State's Quality Growth Grant Program. Mr. Wright stated the grant would enable the City to create a new Land Development Code to replace the existing Zoning Code incorporating the City's existing requirements while providing additional standards for landscaping and innovative neo-traditional zonings. Mr. Wright stated a 100% local match is required by the State. Mr. Wright stated the total estimated budget for the study is approximately $60,000, of which $25,000 will come from the FY 03-04 Community Development budget and $5,000 will be provided as in-kind contributions. Mr. Wright stated that staff recommends approval of the resolution. - Council Member Lnenicka stated that the State makes some grant monies available to local governments to help enable them to develop quality growth strategies. MOTION: Council Member Lnenicka made a motion to approve the grant resolution as presented. The motion was seconded by Council Member Wood. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: (A) 103,000 Square Foot Warehouse - 3500 Highlands Parkway, Highlands Industrial Park- Larry Mansfield Council Member Wood stated this property was previously approved for rezoning at a recent Council meeting. MOTION: Council Member Wood made a motion to approve a commercial building permit request for a 103,000 square foot warehouse at 3500 Highlands Parkway, Highlands Industrial Park for Larry Mansfield. The motion was seconded by Council Member Hawkins. Motion was approved 7 - O. - (B) 4,800 Square Foot Warehouse and Office - 5330 Oakdale Road - J. Kent Hunter Council Member Wood stated this property was the subject of some comments made by Ms. Barnes earlier, and asked Mr. Wright to verify with Mr. Miller that applicable stipulations and ordinances are being followed at this location. MOTION: Council Member Wood made a motion to approve a commercial building permit request for a 4,800 square foot warehouse and office at 5330 Oakdale Road for J. Kent Hunter. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval ofthe April 21, 2003 Minutes. (B) Request to Use R & E Funds for Contract Unit Pricing of Water Main Replacement There is currently a 2" water line on Ivanhoe Lane. Public Works staff recommends replacement of this line with 704 I.f. of 8" line. (C) Request to Use R & E Funds for Contract Unit Pricing of Water Main Replacement There is currently a 2" water line on Hickory Circle. Public Works staff recommends replacement of this line with 400 I.f. of 8" line. - MOTION: Council Member Wood made a motion to approve the consent agenda. The motion May 5. 2003 7 was seconded by Council Member Scoggins. Motion was approved 7 - O. - COMMITTEE REPORTS: Council Member Pritchett yielded the floor with no report. 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 reminded those present that pavers are still available for the Veterans Memorial, and that donations are also accepted by the Veterans Memorial Association. Council Member Lnenicka yielded the floor with no report. Council Member Wood reminded those present that there is a concert scheduled for the Village Green area this weekend. Council Member Pritchett expressed appreciation to those constituents who contacted her to tell her she had spoken correctly at the last Council meeting regarding the vote on the road closure for the Jonquil Festival, which was approved at the March 17 meeting. CITIZENS INPUT: ... There were no additional citizen comments. Honorary Mayor Sharp thanked the Mayor and Council Members for the opportunity to preside over the evening's proceedings. ADJOURNMENT: With no further business, the meeting was adjourned at 8:45 p.m. - May 5. 2003 8 A. MAX BACON, MAYOR uN r1U;f! a/~ CHARLES PETE WOOD, WARD 7 - ~&N ,J~ RON NEWCOMB, WARD 2 WADE S. LNENICKA, WARD 6 - ~ ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 562 Acres 5.76 2003-14 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 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 May 5. 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. May. 2003. SO ORDAINED by the City Council of the City of Smyrna, this 5th day of f~ A. Max Bacon, Mayor .. CJ3flOa'fU f). YI~ Susan D. Hiott, City Clerk City of Smyrna J~ Scott A. Cochran, City Attorney - City of Smyrna ... Ordinance Number 2003-14 All that certain property situated and being in Land Lot 562 of the 1 th District and 2nd Section of Cobb County, Georgia, being parcels 1,2,3,4,5,6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16, and more particularly described as follows: BEGINNING at the common intersection of Land Lots 518, 519, 562 and 563, said point being the POINT OF BEGINNING; thence easterly along the northern lot line of Land Lot 562 a distance of967 feet more or less to a point at the intersection of the southern right-of-way of Windy Hill Road with the western right-of-way of Reed Street; thence southerly along said right-of-way of Reed Street a distance of270 feet more or less to a point at the intersection of the western right-of-way of Reed Street with the northern right-of-way of Belmont Avenue; thence westerly along said right-of-way of Belmont A venue a distance of 967 feet more or less to a point on the western lot line of Land Lot 562; thence northerly along the western lot line of Land Lot 562 a distance of270 feet more or less to the POINT OF BEGINNING. (Said tract contains 5.76 Acres, more or less) -. - - 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 State of Georgia for a Quality Growth Grant Whereas: The State provides funds to local governments to prepare ordinances and regulations which promote growth preparedness, sustainable development or other quality growth strategies. These activities, which are funded through the State's Quality Growth Grant Program, require a 100% local match; and, Whereas: The Community Development Department has prepared a grant application to fund an update of the City's Zoning Code. If approved, the grant would enable the City to create a new Land Development Code to replace the existing Zoning Code incorporating the City's existing requirements, while providing additional standards for landscaping and innovative neo-traditional zonings; and, Whereas: The total estimated budget for the study is approximately $60,000 of which $25,000 will come from the FY 03-04 Community Development budget and $5,000 will be provided as in-kind contributions. The remainder of the costs would be funded by the State. - 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 5th day of May, 2003. /~ A. Max Bacon, Mayor - WuJlk- ATTEST/~ffiJaIU 9).' -/ Susan D. Hiott, City Clerk April 21. 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, Fire Chief Larry Williams, Public Works Director Scott Stokes, Deputy Police Chief Mike Brown, 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 ofthe press. INVOCATION: Invocation was given by Dr. Peter Grant from Cumberland Community Church, followed by the pledge to the flag. AGENDA CHANGES: There were none. CITIZENS INPUT: .... Mayor Bacon recognized Ms. Kirk and Ms. Sandi Sands. Ms. Kirk stated that on April 2, Ms. Sands was presented with the Keep Georgia Beautiful 2003 System Award, which is a first place award at the State level. Ms. Kirk stated the City has also garnered another Waste Reduction Award from the State, and Ms. Kirk expressed appreciation to the Mayor and Council Members, City staff and citizens for their efforts in helping to make these successes possible. Mayor Bacon recognized members of Boy Scout Troop 212, and presented them with letters of participation. Mayor Bacon recognized Mr. Gary Osborne and students from Campbell High School. Mr. Osborne stated the students are attending the meeting to observe how local government operates. Mayor Bacon recognized Mr. Eric Cash. Council Member Lnenicka stated that Mr. Cash has been actively involved in the Keep Smyrna Beautiful Commission (KSB) for fifteen years in various capacities. Ms. Kirk expressed appreciation to Mr. Cash for his efforts over the years which have helped make KSB a success. Council Member Lnenicka presented Mr. Cash with a glass jonquil in appreciation for his service to KSB. Mr. Cash stated he has enjoyed participating in KSB, and that he is gratified by the progress that has been made through the City's beautification efforts. Mayor Bacon recognized Dr. Dan Curriden. Council Member Cramer read a Proclamation in Recognition of Kids Day America and presented it to Dr. Curriden. Dr. Curriden thanked the Mayor and Council Members for recognizing Kids Day America, and provided details of planned activities associated with this event. Council Member Hawkins read a Proclamation in Recognition of Cobb Bar Association to those present, and presented the document to Mr. Cochran. - Mayor Bacon recognized Mr. Charlie Levinson, residing at 2451 North Matthews Street, who April 21. 2003 2 provided details to those present concerning a meeting of Cobb Community Transit he attended on April 3. Mr. Levinson stated there seems to be a dearth of bus stops in such areas as Windy Hill Road and Concord Road. Mr. Levinson stated the City needs more public transportation facilities. -- MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Variance Request - Reduction in Size of Landscape Strip and Number of Landscape Islands - Nalley Lexus Mr. Wright stated there is a 70' wide gas easement at the subject property along Spring Road, and that existing grade changes and a retaining wall at the subject location conflict with Overlay District landscaping guidelines. Mr. Wright stated that staff supports the proposed variance provided that a number of conditions are met. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Pritchett stated she met with Mr. Nalley and his staff, along with staff members from City departments, to discuss this variance request. Council Member Pritchett stated that a hardship exists in this case because the Service Merchandise (SM) facility was developed before the Spring Road Overlay District standards were adopted. Council Member Pritchett stated that the 70' wide gas easement at the subject property along Spring Road will prevent the planting of trees in that area. Council Member Pritchett stated she believes that the discussions with the Nalley Lexus (NL) staff concerning the subject location have been constructive. Council Member Pritchett provided details of alternative methods of placing trees at the subject location that have been discussed, and stated the proposed NL building is expected to complement the surrounding area. - Council Member Pritchett recognized Mr. Nalley, and asked Mr. Nalley to provide details concerning the proposed NL facility to those present. Mr. Nalley stated that renovation and conversion of the old SM building had been considered, but that it has been decided to demolish the existing structure and replace it with an all-new facility. Mr. Nalley stated it is his intention to make certain there are plenty of trees and other plants at the NL facility, but he will need a variance from the City relating to the placement of plants on the property to accomplish this. Mr. Nalley stated a variance is needed by NL for the 15' landscape buffer requirement and the requirement for landscape dividers in the parking lot. Council Member Hawkins asked Mr. Nalley approximately when NL will have its new facility completed and open for business, and Mr. Nalley stated the estimated time for completion and opening is around January 1,2004. Council Member Hawkins stated he believes the subject location is ideal for a car dealership, and that he is excited about NL opening for business in Smyrna. Council Member Wood asked Mr. Nalley if, in addition to sales, NL will provide other automotive services, and Mr. Nalley answered in the affirmative. Council Member Wood stated that the subject location is a key area of the surrounding business district, and that he is appreciative of the investment NL will be making in the new facility. Council Member Lnenicka asked Mr. Nalley if flowers or other means of aesthetic enhancement are planned for the gas easement area, and Mr. Nalley answered in the affirmative. - April 21. 2003 3 - Council Member Pritchett stated that staff supports the requested variance. Council Member Pritchett stated the requested variance includes a waiver of the tree planting requirement in the 70' gas easement area. Council Member Pritchett stated that on the side of the property facing Cobb Parkway there is a requirement for a 15' buffer, but a retaining wall in this area makes it difficult to comply with this requirement. MOTION: Council Member Pritchett made a motion to approve a variance request for reduction in size of landscape strip and number of landscape islands for Nalley Lexus, provided the applicant supplies a copy of the recorded gas easement to verify trees are not permitted within the easement, all on-site landscape islands depicted on the site plan include shade trees with a minimum caliper of 4," and cars parked upon the roof deck are not visible from either Spring Road or Cobb Parkway. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (B) Rezoning Request - 01 (Office Institutional) to OD (Office Distribution) - 8.43 Acre Tract in Land Lots 615, 616, 681 and 682 - Peachtree Construction Company Mr. Wright stated that the development proposal provides for the construction of a 102,621 square foot (s.f.) office/warehouse building on a parcel bounded by Lake Ridge Drive, Highlands Parkway and Technology Court. Mr. Wright stated that staff recommends approval of the rezoning for OD-Conditional in place of the requested OD designation with a number of conditions attached to the zoning. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Wood recognized Mr. Larry Mansfield, representing Peachtree Construction Company (PCC), and asked him to provide details concerning the proposed construction to those present. Mr. Mansfield stated the building will be approximately 103,000 s.f. in size, and will be used for office and distribution purposes. Mr. Mansfield stated that no manufacturing will be conducted at the subject location. Mr. Mansfield stated that approximately 20,000 s.f. of the building space will be used for offices, with the balance used as warehouse space. Mr. Mansfield stated there will be 111 parking spaces at the subject location, which meets the City's require- ments for parking. Mr. Mansfield stated there will be entrances off of Lake Ridge Drive and Technology Court. Mr. Mansfield stated the planned truck court will face Lake Ridge Drive. Mr. Mansfield stated the building will be finished with brick veneer in a color consistent with the other buildings in the area. Mr. Mansfield provided details of the types of foliage which will be planted around the facility and planned limits on ground disturbance. Mr. Mansfield stated the plans for the building and grounds have been configured to conform with the City's 50' stream buffer requirements. Council Member Wood asked Mr. Mansfield if a one-storey building is planned for the subject location, and Mr. Mansfield answered in the affirmative. Council Member Wood asked Mr. Mansfield what the hours of operation of the facility will be, and Mr. Mansfield provided details of the trucking and wholesale operations planned for the location. Council Member Wood recognized Mr. Miller, and Mr. Miller stated the City's 50' stream buffer requirements have been discussed with Mr. Mansfield during meetings with City staff, and that the submitted site plan complies with these requirements. Mr. Miller stated the city arborist has been to the subject location to identify trees and areas to be left undisturbed. Council Member Wood stated that this proposed rezoning was approved by the Planning and Zoning Board (PZB) at the PZB' s March 10, 2003 meeting. - MOTION: Council Member Wood made a motion to approve a rezoning request from 01 (Office April 21. 2003 4 Institutional) to OD-Conditional (Office Distribution - Conditional) for an 8.43 acre tract in Land Lots 615, 616, 681 and 682 for Peachtree Construction Company with the following conditions: 1. No outside storage shall be permitted in conjunction with the proposed use. - 2. The developer shall be responsible for installing a row of Scarlet Oaks along both Lake Ridge Drive and Highlands Parkway per the requirement of the industrial park. These trees shall be spaced one per every 30'. 3. The building shall utilize brick on the exterior elevations as approved by the Community Development Department. 4. The retaining wall shall incorporate split-face block. 5. The developer shall work with staff to address the installation of as' wide sidewalk along each of the public streets adjacent to the subject parcel. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (C) Variance Request - Reduction in Side Yard Setback - 1612 Spring Street - Hatcher Homes, Inc. Mr. Wright stated that as part of the rezoning for this property, the City required all buildings to maintain a side front yard setback of 10'. Mr. Wright stated the applicant is proposing to reduce this setback to 5' to accommodate a porch, and that staff recommends approval of the variance. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. - Council Member Scoggins recognized Mr. Jim Ragsdale, representing Hatcher Homes, Inc. (HHI), and asked Mr. Ragsdale to explain the need for the requested variance. Mr. Ragsdale stated that HHI has built a house with a wrap-around porch at the subject location, and this porch needs to be the same width overall to appear in proportion. Mr. Ragsdale stated the wrap-around porch feature displays particularly well at this location. Mr. Ragsdale stated that the finished porch encroaches about l' 10" into the west side building setback. Council Member Hawkins asked Mr. Ragsdale if it is correct that only the porch extends into the setback, and not the house itself, and Mr. Ragsdale answered in the affirmative. Council Member Hawkins asked Mr. Ragsdale if there is a house adjacent to the porch, and Mr. Ragsdale answered no. Mayor Bacon recognized Mr. Jerome Martin, residing at 284 Anderson Circle, who stated that the wrap-around porch is an attractive feature. Mr. Martin stated he is concerned by the fact that an error was made by the builder in this instance, and that he considers this type of mistake to be senous. Mayor Bacon stated that requesting variances is a difficult and time-consuming process which also entails expenses and that, for those reasons, builders are generally careful to avoid this type of error. Mayor Bacon stated that the Council can either approve the variance or require the builder to cut off part of the porch. Mr. Martin suggested imposition of penalties for errors of this type. Mayor Bacon asked Mr. Miller how much it costs a builder to seek a variance, and Mr. Miller detailed steps HHI has already taken at this particular property that have cost over $1,000. Mr. Miller stated that errors of this type are not uncommon, and that some local governments - April 21. 2003 5 have policies allowing staff to approve minor variances without a hearing. - MOTION: Council Member Scoggins made a motion to approve a variance request for reduction in side yard setback for 1612 Spring Street for Hatcher Homes, Inc. with the stipulation that the setback requirement will revert to the 10' standard in the event the porch is removed. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (D) Variance Request - Oversized Accessory Structure - 3091 Clifton Road - Martin Cantrell Mr. Wright stated the applicant has requested a variance to permit a new pool deck in the back yard. Mr. Wright stated that the Smyrna Zoning Code limits the total area of accessory structures to 25% of the total area of the principal structure. Mr. Wright stated the pool and deck will be 779 square feet, which exceeds the 25% limit by 216 square feet. Mr. Wright stated that staff recommends approval of the variance provided the pool deck meets all building code requirements. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. ... Council Member Hawkins recognized Mr. Joe Cantrell, and asked Mr. Cantrell to explain to those present the need for the requested variance. Mr. Cantrell stated that an old arbor and storage shed were recently removed from the subject area, and he would like to have a new pad and deck installed. Council Member Hawkins asked Mr. Cantrell if it is correct that the owners of adjacent properties have been contacted regarding the requested variance and have expressed no objections, and Mr. Cantrell answered in the affirmative. Council Member Hawkins asked Mr. Cantrell if it is correct that a sign was posted on his property advertising the variance hearing, and Mr. Cantrell answered in the affirmative. MOTION: Council Member Hawkins made a motion to approve a variance request for an oversized accessory structure up to 779 square feet for 3091 Clifton Road for Martin Cantrell. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (E) Approval of Adoption ofa Ninety-Day Moratorium on Vehicle for Hire [Taxi Cab] Privilege Licenses Mr. Wright stated a ninety-day moratorium for accepting new applications for taxi privilege licenses is being requested by the Finance Department in order to re-evaluate the City's vehicle for hire ordinance and make any changes found necessary. Mr. Wright stated staff recommends approval of the moratorium. Council Member Wood stated there are currently seven companies operating taxi services in the City. Council Member Wood stated a moratorium for accepting new applications for taxi privilege licenses is needed to review the City's vehicle for hire ordinance and make any changes found necessary. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. ... MOTION: Council Member Wood made a motion to approve adoption ofa ninety-day moratorium on vehicle for hire privilege licenses in order to re-evaluate the City's vehicle for hire ordinance and make any changes found necessary. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. April 2 L 2003 6 (F) Privilege License Request - Retail Package Sales (Beer & Wine) - John's Convenience Market - 902 Windy Hill Road - Angelina Soo Lee, Agent - New Owner/Agent ..... Mr. Wright stated this is a new agent and ownership application. Mr. Wright stated that staffhas reviewed the submitted application and found it to be in order. Mr. Wright stated that inquiry by the City police department has 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. Hak Jong Chang and Ms. Angelina Soo Lee. Council Member Hawkins asked Mr. Chang ifhe has previously held a license for selling alcoholic beverages, and Mr. Chang stated he has had a license of this type in Atlanta. Council Member Hawkins asked Ms. Lee if she has had any previous experience selling alcoholic beverages, and Ms. Lee answered in the affirmative. Council Member Hawkins asked Ms. Lee if she will be on the premises at John's Convenience Market (JCM) during business hours, and Ms. Lee answered in the affirmative. Council Member Hawkins asked Mr. Chang ifhe is familiar with the City of Smyrna's regulations governing the sale of beer and wine, and Mr. Chang answered in the affirmative. Council Member Hawkins recommended to Mr. Chang and Ms. Lee that all JCM patrons attempting to purchase alcoholic beverages be required to present proper identification. Council Member Hawkins advised Mr. Chang and Ms. Lee that undercover inquiries designed to ensure the compliance of business operators with alcoholic beverage sales regulations are periodically conducted by the local police. Council Member Hawkins admonished Mr. Chang and Ms. Lee to take care not to sell any alcoholic beverages to underage persons. Council Member Hawkins stated that inquiry by the City police department on Ms. Lee has disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated that the location of JCM has been the subject of previous violations involving the sale of alcoholic beverages to minors. Mayor Bacon reiterated the admonition to Mr. Chang and Ms. Lee to take care not to sell any alcoholic beverages to underage persons. Mr. Chang stated that all JCM patrons attempting to purchase alcoholic beverages will be required to present proper identification. - MOTION: Council Member Hawkins made a motion to approve a privilege license request for retail package sales of beer and wine for John's Convenience Market at 902 Windy Hill Road for Angelina Soo Lee, Agent. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (G) Privilege License Request - Pawn Shop License - Title Max #3 of Atlanta, Inc. - 2481 Cobb Parkway - Tracy Young, Agent - New Application Mr. Wright stated that staff has reviewed the submitted application and found it to be in order. Mr. Wright stated that inquiry by the City police department has 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 Pritchett recognized Mr. Tracy Young, and asked Mr. Young to provide details to those present concerning the business he proposes to operate. Mr. Young stated that Title Max (TM) has 130 locations in 4 states. Mr. Young stated that TM's primary business is making loans on car titles. Mr. Young stated the interest rates charges by TM are lower than the maximum ..... April 21. 2003 7 - allowed by the State. Mr. Young stated he believes that TM has a more professional image in the community than other similar operations. Council Member Pritchett asked Mr. Young if any vehicles are stored on the parking lot of TM's offices, and Mr. Young answered no. Mr. Young stated an independent contractor is used for storage of repossessed vehicles. Council Member Pritchett stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. MOTION: Council Member Pritchett made a motion to approve a privilege license request for a pawn shop license for Title Max #3 of Atlanta, Inc. at 2481 Cobb Parkway for Tracy Young, Agent. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (H) Privilege License Request - Massage Practitioners - Osborne Institute of Techno logy, Inc. DBA Smyrna Therapeutic Massage Institute - 1725 Spring Road - New Application Mr. Wright stated that staff has reviewed the submitted application and found it to be in order. Mr. Wright stated that inquiry by the City police department has 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 Scoggins recognized Mr. Osborne, and asked him to provide details to those present concerning the institute he proposes to operate. Mr. Osborne stated that Smyrna Therapeutic Massage Institute (STMI) will be a therapy massage vocational training school. Council Member Scoggins asked Mr. Osborne if is correct that he does not live at 1725 Spring Road, and Mr. Osborne answered in the affirmative. Council Member Scoggins advised Mr. Osborne that undercover inquiries designed to ensure the compliance of massage practitioners with the law are periodically conducted by the local police. MOTION: Council Member Scoggins made a motion to approve a privilege license request for massage practitioners for Osborne Institute of Technology, Inc. DBA Smyrna Therapeutic Massage Institute at 1725 Spring Road. The motion was approved by Council Member Pritchett. Motion was approved 6 - I, with Council Member Wood in opposition. FORMAL BUSINESS: (A) Approval of Name Change Request for Campbell Villa Apartments Council Member Lnenicka stated that this request was originally submitted at the last Council meeting for a change to the name of North Vinings Condominiums. Council Member Lnenicka stated that staff did not recommend approval ofthe name North Vinings Condominiums because it may be confusingly similar to the names of other places nearby, thereby creating public safety concerns. Council Member Lnenicka stated that the applicant has resubmitted the request to change the name of the complex from Campbell Villa Apartments to Villas at Vinings. Council Member Lnenicka stated that staff has expressed no objections to the proposed name of Villas at Vinings. MOTION: Council Member Lnenicka made a motion to approve a name change request from Campbell Villa Apartments to Villas at Vinings. The motion was seconded by Council Member Cramer. Motion was approved 6 - 1, with Council Member Scoggins in opposition. ... April 21. 2003 8 (B) Appointment of Members to the Smyrna Revitalization Task Force Members Council Member Lnenicka stated the Smyrna Revitalization Task Force (SRTF) will work with the Smyrna Revitalization Authority. Council Member Lnenicka stated that, later at this meeting, a contract will be awarded to a consulting firm to help the City develop revitalization strategies. - MOTION: Council Member Lnenicka made a motion to appoint the following persons to the Smyrna Revitalization Task Force: Cliff Oliver, Jim Carter, E. J. Easton, Katie Koenig, Mike Angelo, Kristi Anderson, Joan Roper, Sally Neal, Bill Rawlings, Gordon Ross, Eileen Ross, David Grant, George Davis, Alan MacLamroc, Beth MacLamroc, Larry Ramsey, Katheryn Kennelly, Larry Messing, Thornton Morris, Jimmy Smith and Paul Pritchett. Council Member Wood stated Mr. Pritchett resides in Ward 7, and he is glad to see him become a member of SRTF. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of April 7, 2003 Minutes (B) Approval of Use ofR & E Funds for Contact Unit Pricing to Complete a Water Main Loop between Vinings North Trail and Ashwood Drive (C) A ward of Contract for Services for the City Employee Assistance Program The City recognizes that various problems, e.g., depression, stress, family difficulties, alcohol abuse, etc., can affect the mental and physical health of employees. The following proposals were reviewed by Human Resources and Purchasing: - Corp Care & Assoc. $2.75 per employee per month ($14,025 annually) 8 sessions per year per family member EAP Consultants $2.83 per employee per month ($14,433 annually) 8 sessions per year per family member The Resource Center $1.31 per employee per month ($6,681 annually) 8 sessions per year per family member North Pines Center $12,150 annually plus $2,125 for training I - 8 sessions per year per family member CCI Inc. $7.50 per employee per year (fee for service) Total cost depends on utilization and service provided Cameron & Associates $2.25 per employee per year ($11,475 annually) I - 8 sessions per year per family member Integrate Health Resource $2.75 per employee per month ($14,025 annually) 1 - 8 sessions per year per family member - April 21. 2003 9 - Cooper Psychological $32.64 per employee per year ($13,872 annually) 1 - 8 sessions per year per family member The Human Resources Department recommends award of the contract to Cameron and Associates for the project period of July 1, 2003 until June 30, 2004, with the option to renew for two additional years. (D) FY 2003 Budget transfer from contingency for $43,000 to Community Development and MIS Departments This transfer is necessary to allow for repairs and renovations to a building located on the Brawner campus to be used as offices for the Community Development and MIS Departments. This will enable Community Development and Data Processing to have additional space for staff and equipment. This project is also under consideration for the FY04 CIP, but the Mayor and City Council have requested that the project be funded in FY03. (E) Approval of City of Smyrna Public Service A ward The purpose of the award program is to provide recognition to employees for outstanding accomplishments. The Award includes a cash bonus of up to $100. For teams of more than five members, the cash bonus can be up to $200 to be evenly distributed among the team members. Recipients of the A ward must demonstrate unusually good performance of regular job duties or accomplishment significantly above the normal range of responsibil ities. (F) Approval ofInclusion ofInformation Technology/Internet Appropriate Use Policy in the Personnel Policy and Procedures Manual There is currently no policy in the City of Smyrna Personnel Policy and Procedures Manual that covers the proper use of e-mail and internet access provided to City employees. A policy on e-mail use was adopted in 1997 and placed in the City of Smyrna Policy and Procedures book kept by the City Clerk. This manual, however, generally does not contain personnel policies and as such is not widely distributed. Since all personnel that use the City's computer network for e-mail and internet access need to know what the City's usage policies are, a policy is needed for the Personnel Policy and Procedures Manual. This policy also updates the earlier one to reflect changes in the City's computer network. - (G) Award of Contract for LCI Study The City issued an RFP for the Town Center LCI in March. Of the fifty-six consultants which were solicited for bid, seven responded to the RFP by the April 9, 2003 deadline. Based upon a review of: project team experience, staffing levels, understanding of the scope of work and proposed public involvement effort, each proposal was ranked by the review team. Based upon these criteria, the following three project teams were placed on an RFP shortlist: AL T AMIRA - with the Sizemore Group, Huntley and Associates and Day Wilburn Associates, Inc. as subconsultants ARCADIS - with Jon Benson and Associates, Peter Drey and Company and Marketek, Inc. as subconsultants. - April 21. 2003 10 Jordon, Jones and Goulding The total contract for the LCI Study is $93,750 of which $18,750 is the City's local match. Based upon the consultant's experience with LCI related programs, approach to the project and public involvement plan AL T AMIRA is recommended by staff to complete the LCI Study. - (H) FY 2003 Budget Transfer from Contingency for $11,557 to Public Works Building and Grounds 1565 for Three Additional Crew Workers (1)* Approval of Road Closures for the 2003 Jonquil Festival The following road closures will be necessary for the planned events and activities: West Spring Street - Saturday, April 26 from 5:00 a.m. until Sunday, April 27 at 10:00 p.m., with the stipulation that re-openings will be allowed for brief periods as authorized by the City police department King Street between Stephens Street and Banks Street - Saturday, April 26, to be closed no earlier than 4:00 a.m. and re-opened no later than 11 :00 a.m. on the same day Village Green Circle and the entrances between Atlanta Road, Hamby Street, Powder Springs Street and Banks Street - to be closed starting Friday, April 25 at 9:00 a.m. through midnight, April 27 Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Cramer. The motion was approved 7 - O. COMMITTEE REPORTS: Council Member Wood stated the Finance Department staff is in the process of preparing the City budget for fiscal year 2004. - Council Member Lnenicka recognized Mr. Miller, who provided a report on current building permit statistics. Council Member Lnenicka stated that today Campbell High School (CHS) staged a military appreciation day event. Council Member Lnenicka stated that the event was also attended by Chris Lawrence, a recent graduate ofCHS, and a member ofthe 82nd Airborne Division. Council Member Lnenicka stated that Mr. Lawrence has recently returned from a tour of duty in Afghanistan, and will be transferred to Germany in the near future. Council Member Lnenicka commended the members of the armed forces for their service to the nation. Council Member Cramer recognized Ms. Kirk, who provided details of recent KSB activities. Ms. Kirk expressed appreciation to the many KSB volunteers, and to the Mayor and Council, for the efforts they put forth to help make the City's beautification efforts a success. Ms. Kirk reported that planned activities include renovation of the landscaping at the entrance to the Creatwood subdivision, and that assistance with this project will be provided by some local Boy Scouts. Ms. Kirk provided details of Eric Cash's many contributions to the KSB program, and expressed appreciation again to Mr. Cash and his family for their efforts. Council Member Cramer commended Ms. Kirk for the recognition and numerous awards the City's KSB program continues to gamer. Council Member Cramer recognized Mr. Stokes, who expressed appreciation to Ms. Kirk for her efforts which have contributed to the City's accomplishments in the area of waste reduction. Mr. - April 21. 2003 11 -. Stokes provided details of various water system and street improvement projects currently completed or in progress. Mr. Stokes stated that active measures are being taken by the City to help limit the spread of West Nile virus by treating various areas with larvacide. Council Member Hawkins commended Mr. Stokes for his proactive approach in utilizing techniques such as video recording sections of sewer line interiors to identify and correct defects before they become serious problems. Council Member Pritchett commended Mr. Stokes for his efforts to eliminate mosquitoes. Council Member Pritchett commented about a recent newspaper article she read which contained details about a survey concerning West Nile virus which was conducted. Council Member Pritchett stated that, according to the article, the survey was done in New York City and in several cities in the southeast. Council Member Pritchett stated the survey results indicate that the incidence of West Nile virus in the southeastern part of the country appears to comparatively smaller. Council Member Lnenicka asked Mr. Stokes to provide details regarding the Ridge Road sewer line project to those present. Mr. Stokes stated that tree- save fencing is being erected in the area, and that efforts to identify trees to be removed will be made. Mr. Stokes stated about 100' will be bored, and that efforts will be made to minimize disturbance to streets, curbs and landscape. Mr. Stokes stated the estimated time for completion of this project is four weeks. Council Member Cramer stated that some damaged light poles on South Cobb Drive have not yet been repaired by Georgia Power. Council Member Cramer stated that bricks are still available for the Veterans Memorial. Council Member Cramer stated that on April 26, there will be a dedication event for Chuck Camp Park. Council Member Hawkins yielded the floor with no report. - Council Member Scoggins recognized Chief Williams, who reported that citizens can go to City fire stations to have child safety seats for vehicles checked for proper installation. Chief Williams stated that available information indicates that nearly all of these seats are improperly installed, and that this is a useful service which is being made available to the public. Council Member Cramer stated that a child safety seat exhibit could be a beneficial part of the upcoming Kids Day America (KDA) event, and Chief Williams reported that some City fire department staff will be distributing safety seat information at a KDA function. Council Member Newcomb recognized Mr. Corey, who reminded those present about the Administrative Professionals Day lunch at the Community Center on April 23. Mr. Corey provided a recapitulation of positions for which the City is recruiting to those present. Mr. Corey reported that the employee of the month for March was Mr. Dan Martin in the Utility Services Department. Mr. Corey congratulated Mr. Martin for being nominated by his peers for this recognition. Council Member Pritchett recognized Mr. Ciaccio, who stated that on April 26, there will be a dedication event for Chuck Camp Park. Mr. Ciaccio stated that Mr. Camp was the City Attorney for Smyrna for 23 years. Council Member Pritchett recognized Ms. Bennett, who provided details of various activities planned for the upcoming Jonquil Festival to those present. - April 21. 2003 12 Mayor Bacon asked Ms. Bennett if West Spring Street will be closed for this event, and Ms. Bennett answered in the affirmative. Mayor Bacon asked Mr. Cochran if official action on the planned road closure is needed. Council Member Pritchett stated that the action has already been taken at a previous meeting. Ms. Bennett stated that signs are posted at various locations advertising the event and the road closures for the Jonquil City Jog. Ms. Bennett provided details of the planned routing of traffic for the event to those present. - *Council Member Lnenicka made a motion to suspend the rules to add an item to the consent agenda. The motion was seconded by Council Member Wood. The motion was approved 7 - O. *Council Member Lnenicka made a motion to add item# 81 to the consent agenda (Approval of Road Closures for the 2003 Jonquil Festival), and the motion was seconded by Council Member Hawkins. Motion was approved 7 - O. Council Member Pritchett recognized Mr. Seigler, who reported that March, 2003 was the busiest month in the history of the City Library. Mr. Seigler provided details of recent library events to those present. Mr. Seigler expressed appreciation to the Smyrna Friends of the Library for their volunteer efforts. Mr. Seigler stated that the Friends of the Library awards banquet was held recently, and Ms. Carol Busby was recognized as volunteer of the year. Mr. Seigler stated that Ms. Busby logged approximately 700 hours of volunteer time over the last measured period. CITIZENS INPUT: Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, who stated he is a member ofthe Forest Hills Homeowners Association (HOA). Mr. Martin stated the HOA conducts a yearly fundraiser which supports their annual festival. Mr. Martin read information from an e-mail he stated he received from a City marshal concerning some signs the HOA was using to advertise the fundraiser. Mr. Martin stated that there have been no objections to the HOA's signs in the past, and that he would like to know why these signs were removed. Mr. Martin stated the signs are needed to let people know about the fundraiser activities. Mr. Martin stated the HOA members spent a lot of time making these signs. Council Member Hawkins stated he has been out of town and has not previously heard about this matter. Council Member Hawkins stated he has seen many directional signs advertising yard sales, and he does not know why the HOA's signs were removed. Council Member Hawkins asked if the signs were attached to power poles, and Mr. Martin stated they were presentable signs attached to stakes imbedded in the ground. Mayor Bacon stated he was not aware ofthis removal of the HOA's signs, and called upon Mr. Miller for additional information. Mr. Miller stated he is not specifically familiar with the HOA's signs. Mr. Miller stated a City marshal was out with a community service volunteer today removing signs left out over the weekend. Mr. Miller asked Mr. Martin when the HOA activity was scheduled, and Mr. Martin stated the activity is planned for the next weekend. Mr. MilIer stated the City does not customarily remove signs that are not in the right-of-way (ROW). Mr. Miller stated signs ofa temporary nature, such as yard sale signs, are generally not removed if they are on private property. Mr. Miller stated that signs are not allowed on the ROW, and that the code has reflected this restriction for many years. Mr. Miller stated that yard sale signs are usually left out on Friday and removed on Sunday, and that no removal of signs is usualIy undertaken by City staff until Monday. Mr. Miller stated the collected signs are not disposed of, and that efforts are made to contact the owners of the signs so that the signs can be retrieved. Council Member Cramer stated that the City marshals are doing a good job of removing a lot of nuisance signs. Mr. Martin stated he does not agree with the City position in this matter, and that he sees many real estate signs and other signs along the roads in the City. Mr. Miller stated that the process is not perfect, and that there are times when some signs may be .... -- - - - April 21. 2003 13 inadvertently overlooked and not removed. Mr. Miller stated that all nonconforming signs observed are removed, and that efforts are made to enforce the ordinance impartially. Mr. Martin stated he has been in his residence for 19 years, and that he does not agree with Mr. Miller's assertions. Mr. Martin stated that real estate signs and election campaign signs are not removed. Mr. Miller stated that he has been advised not to have political campaign signs removed as they are on private property, and also because they have freedom of expression issues associated with them. Mayor Bacon suggested to Mr. Martin that, after the HOA's signs are recovered, the signs should be repositioned on private property. Mr. Martin stated an e-mail he received from a City marshal contains information to the effect that yard sale signs can only be in the actual yard where the sale is occurring. Council Member Hawkins asked Mr. Miller if the HOA's signs were in violation of the sign ordinance, and Mr. Miller expressed the view that they were. Mr. Miller stated the suggestion Mayor Bacon made for repositioning the HOA's signs on private property may be a possible solution. Mr. Miller offered to send a City staff member to meet with the HOA to check proposed locations for placement of the signs to make certain they will not be in violation of the sign ordinance. Mr. Martin thanked those present for their attention. ADJOURNMENT: With no further business, the meeting was adjourned at 9:48 p.m. ~L<1arOO. Vil~ SUSAN D. HIOTT, CITY CLERK A. MAX BACON, MAYOR cl2~ ~ RON NEWCOMB, WARD 2 .~1fd~ rU~ CHARLES PETE WOOD, WARD 7 April 7. 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 Ted Holley from Vinings Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mr. Wright stated it is proposed to add Item #G to the consent agenda to approve a change from punch card voting to electronic voting for the November 11, 2003 election and a possible run-off election on November 25. Mr. Wright stated this measure also includes approval of Cobb County as the Superintendent of Elections for this election. Mr. Wright stated it is also proposed to add Item #H to the consent agenda to approve Public Works Department Bid #3-022 for the installation of 1100 I.f. of 8" sewer main on Ridge Road. MOTION: Council Member Hawkins made a motion to approve addition of Item #G and Item #H to the consent agenda. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. CITIZENS INPUT: - Mayor Bacon recognized Ms. Victoria Turney and Ms. Alice Summerour, and asked Council Member Pritchett to read a Proclamation in Recognition of the 20th Anniversary of Leadership Cobb to those present. Ms. Summerour thanked Mayor Bacon, and stated she hopes the program will continue to be a source of pride to the community. Mayor Bacon stated that Leadership Cobb is a great program, and that Ms. Hiott will be a participant this year. Mayor Bacon recognized Ms. Jane Bannister, a representative for the Cobb Underage Drinking Task Force, and asked Council Member Wood to read a Proclamation in Recognition of Alcohol Awareness Month. Mayor Bacon stated that Smyrna is a participant in the Cobb Underage Drinking Task Force. Ms. Bannister thanked the Mayor and Council Members, and the members of the City police department, for their support of this program. Mayor Bacon recognized Mr. Michael Harris, who stated he operates a bail bonding company and has applied for a license to conduct business in the City. Mr. Harris stated he did not see his name on the agenda this evening, but is under the impression he should be here for a hearing on his application. Mayor Bacon asked Mr. Harris to contact the City finance department regarding the status of his application. MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: - (A) Variance Request - Reduction in Front Yard Setback - Lot 680e, 1216 Grand View Drive, Vinings Estates Subdivision- John Wieland Homes April 7.2003 2 Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Reggie Lopes, and asked Mr. Lopes to provide details to those present regarding the need for the requested variance. Mr. Lopes stated he would like to preserve some trees on the property, and that in order to do this it is necessary to move the structure one foot closer to the street side of the property. Council Member Wood asked Mr. Lopes if it is correct that he has notified the owners of 1214 Grand View Drive and 1218 Grand View Drive about the variance request, and that the owners of these contiguous properties have expressed no objections to the proposal, and Mr. Lopes answered yes. - MOTION: Council Member Wood made a motion to approve a variance request for a reduction in front yard setback from 25' to 24' for Lot 680e, 1216 Grand View Drive, Vinings Estates Subdivision for John Wieland Homes. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (B) Variance Request - Wall Sign Exceeding Maximum Size Limitations - 3205-A South Cobb Drive, Concord Village Shopping Center - Western Plaza Market Mr. Wright stated the provisions of the sign code will allow wall signs with a maximum area of 60 square feet (st), and the applicant has requested a variance for a 168 sf sign. Mr. Wright stated that, according to the applicant, the existing sign is not visible from South Cobb Drive, and the variance is requested for this reason. Mr. Wright stated that staff does not recommend approval of this variance request. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. - Council Member Hawkins recognized Ms. Linda Kim, General Manager of Western Plaza Mall (WPM), and Mr. Jose Lopez, Sales Manager for WPM. Council Member Hawkins asked Ms. Kim and Mr. Lopez to explain to those present why the variance is needed. Mr. Lopez stated they are 100 yards from South Cobb Drive, and 30 feet below grade level, and difficult to see for these reasons. Mr. Lopez stated that a more visible sign will help people to realize that their business is there. Council Member Hawkins asked if it is correct that WPM currently has a large sign facing South Cobb Drive, and Ms. Kim stated that sign is the old K-Mart sign area with a 24' WPM sign installed. Council Member Hawkins asked if it is correct that WPM currently has a large monument sign facing Concord Road, and Ms. Kim stated that sign is also a 24' sign. Ms. Kim stated the current sign is not visible from the parking area. Council Member Scoggins asked if the current WPM wall sign replaced the old K-Mart sign, and Ms. Kim stated the current WPM sign is smaller. Council Member Scoggins asked if WPM uses any other form of advertising, and Ms. Kim stated WPM uses television commercials and newspaper displays for advertising purposes. Ms. Kim stated that persons responding to their advertisements often telephone them and say they cannot see the WPM facility. Ms. Kim stated she believes an improved sign is needed for WPM. Mayor Bacon recognized Mr. Clarence Thompson, who stated he operates a business at WPM. Mr. Thompson stated he believes the current WPM sign is too small and not visible enough. Mr. Thompson expressed support for the variance request. Mayor Bacon recognized Ms. Chrissy Thompson, who stated she has been a tenant at WPM for approximately three months. Ms. Thompson stated that business is slow, and her - April 7. 2003 3 customers have told her WPM is difficult to find. Ms. Thompson stated that a sign is very important, and expressed support for the variance request. - Mayor Bacon recognized Mr. Gary Thompson, who expressed support for the variance request. Council Member Cramer asked Ms. Kim if the current WPM wall sign is illuminated, and Ms. Kim stated it is not. Council Member Cramer asked Ms. Kim if lighting could make this sign more effective at night, and Ms. Kim stated a sign professional has advised her that illuminating a small sign will probably not improve its effectiveness. Mayor Bacon asked Ms. Kim if she is aware that staff does not support this variance request, and Ms. Kim stated the matter ofthe sign has been discussed. Council Member Hawkins stated that a variance request is a request for the City to deviate from its standards, and that it is necessary for an applicant to demonstrate hardship in order for approval of a variance to be considered. Council Member Hawkins stated that the City has been making efforts for several years to improve its signs, and that the size of signs generally is being reduced. Council Member Hawkins stated that he believes WPM currently has visible signs advertising its location, and that no hardship conditions have been substantiated. MOTION: Council Member Hawkins made a motion to deny a variance request for a wall sign exceeding maximum size limitations at 3205-A South Cobb Drive, Concord Village Shopping Center for Western Plaza Market. The motion was seconded by Council Member Scoggins. Motion for denial was approved 6 - 0, with Council Member Cramer abstaining. (C) Privilege License Request - Vehicle for Hire - Universal Taxi, 400 Lockheed Avenue, Suite A, Marietta - Gerardo Alvarez, Agent - 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. Alvarez, and asked Mr. Alvarez ifhe has read the City's ordinance regulating taxi service operations, and Mr. Alvarez answered in the affirmative. Council Member Hawkins asked Mr. Alvarez if he has the minimum insurance required for a taxi service, and Mr. Alvarez stated he has about four years of experience in the business, and is licensed in several jurisdictions. Council Member Hawkins asked Mr. Alvarez how many vehicles he will operate, and Mr. Alvarez answered 17 cars. Council Member Wood stated he saw no documentation in the agenda materials to support the claimed insurance coverage. Council Member Wood asked Mr. Alvarez ifhis insurance coverage is for $50,000 per occurrence, and Mr. Alvarez answered yes. Council Member Hawkins asked Mr. Alvarez ifhe has furnished the City with a copy of his insurance policy, and Mr. Alvarez stated it is in his office. Council Member Hawkins asked Mr. Alvarez ifhe was requested to furnish the City with a copy of his insurance policy in connection with the application process, and Mr. Alvarez said no. Council Member Hawkins asked Mr. Alvarez ifhe provided a copy of his drivers license and insurance policy to the City police department, and Mr. Alvarez answered yes. - MOTION: Council Member Hawkins made a motion to approve a privilege license request for vehicle for hire for Universal Taxi, 400 Lockheed Avenue, Suite A, Marietta for Gerardo Alvarez, Agent, on the condition that a copy of the insurance policy for Universal Taxi be delivered to the City Clerk within one week of this meeting. The motion was seconded by April 7. 2003 4 Council Member Scoggins. Mayor Bacon asked Mr. Alvarez where his taxis will be parked, and Mr. Alvarez stated they will be parked in various places. Mayor Bacon asked Mr. Alvarez ifhis dispatchers will be bilingual, and Mr. Alvarez answered yes. Motion was approved 7 - O. - (D) Privilege License Request - Vehicle for Hire - Union Taxi, 2290 Atlanta Road, Suite A - Perfecto B. Guardado, Agent - 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. Guardado, and asked Mr. Guardado if he is familiar with the City's ordinance regulating taxi service operations, and with assistance from a translator, Mr. Guardado answered in the affirmative. Council Member Hawkins asked Mr. Guardado if he has the minimum insurance required for a taxi service, and with assistance from a translator, Mr. Guardado answered in the affirmative. Council Member Hawkins asked Mr. Guardado what the name of his insurance company is, and with assistance from a translator, Mr. Guardado answered his insurance is obtained through BHS. Council Member Hawkins asked Mr. Guardado if his dispatchers will be bilingual, and with assistance from a translator, Mr. Guardado answered yes. Council Member Hawkins asked Mr. Guardado how many taxis he will operate, and with assistance from a translator, Mr. Guardado answered three cars. Council Member Hawkins stated it appears Mr. Guardado has provided a copy of his insurance policy to the City police and finance departments, and has a valid Georgia drivers license. MOTION: Council Member Hawkins made a motion to approve a privilege license request for vehicle for hire for Union Taxi, 2290 Atlanta Road, Suite A, for Perfecto B. Guardado, Agent. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. - (E) Privilege License Request - Retail Pouring (Beer) - MDAO Inc., DBA Hacienda Los Mariachis, 821 Concord Road - Martha Mejia-Barrett, Agent - Agent and Owner Change 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 Hawkins recognized Ms. Mejia-Barrett, and asked Ms. Mejia-Barrett if she has read the City ordinance regulating the sale of alcoholic beverages, and Ms. Mejia-Barrett answered in the affirmative. Council Member Hawkins asked Ms. Mejia-Barrett if Hacienda Los Mariachis (HLM) has a training program in place to teach HLM servers the proper and lawful manner in which to serve alcoholic beverages, and Ms. Mejia-Barrett answered no. Council Member Hawkins recommended to Ms. Mejia-Barrett that she contact the City police department for information regarding training for servers. Council Member Hawkins asked Ms. Mejia- Barrett if she understands that all servers must obtain a proper permit from the City police department, and Ms. Mejia-Barrett answered in the affirmative. Council Member Newcomb asked Ms. Mejia-Barrett if is correct that she is not the owner of HLM, and Ms. Mejia-Barrett answered in the affirmative. Council Member Newcomb stated the submitted application contains information to the effect that Ms. Mejia-Barrett is the owner. Ms. Mejia-Barrett stated she is not the owner. Council Member Cramer asked if is correct that HLM is actually owned by a corporation, and Ms. Mejia-Barrett answered yes. Council Member Wood asked Ms. - April 7. 2003 5 - Mejia-Barrett if she is an employee of HLM, and Ms. Mejia-Barrett answered yes. Council Member Hawkins stated the background check was conducted on Ms. Mejia-Barrett, and not the owner. Council Member Cramer asked Ms. Mejia-Barrett if the application was reviewed by a City employee of the finance department, and Ms. Mejia-Barrett answered yes. MOTION: Council Member Hawkins made a motion to approve a privilege license request for retail pouring of beer for MDAO Inc., DBA Hacienda Los Mariachis, 821 Concord Road for Martha Mejia-Barrett, Agent with the stipulation that Ms. Mejia-Barrett return to the City finance department to amend the application to reflect correct ownership information. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (F) Privilege License Request - Retail Package Sales (Beer) - Carniceria Hispana #3, 1005 Windy Hill Road - Daniel Zuccala, Agent - 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 Cramer recognized Mr. Zuccala, and Mr. Zuccala stated he is the owner of Carniceria Hispana (CH). Council Member Cramer asked Mr. Zuccala ifhe will be on the premises of CH during business hours, and Mr. Zuccala answered yes. Council Member Cramer asked Mr. Zuccala ifhe has obtained a copy of the City's alcoholic beverage sales regulations and ifhe understands them, and Mr. Zuccala answered yes. Council Member Cramer asked Mr. Zuccala ifhe understands that the local police periodically conduct undercover checks to measure the compliance of business operators with alcoholic beverage sales regulations, and Mr. Zuccala answered yes. MOTION: Council Member Cramer made a motion to approve a privilege license request for retail package sales of beer for Carniceria Hispana #3, 1005 Windy Hill Road for Daniel Zuccala, Agent. The motion was seconded by Council Member Hawkins. Motion was approved 7 - O. FORMAL BUSINESS: (A) Validation of Application for Annexation - Land Lot 562, Parcels 1,2,3,4,5,6, 7,8,9,10,11,12,13,14, 15 and 16 - 5.76 Acre Tract [Belmont Avenue] Mr. Wright stated that a review of the application by staff revealed that at least 60% of the property owners and 60% of the resident electors in the subject area have signed the petition for annexation. Mr. Wright stated that a review of the available information by staff indicates that no unincorporated island will be created as a result of this annexation. The legal description of the subject property is as follows: All that certain property situated and being in Land Lot 562 of the 17'h District and 2nd Section of Cobb County, Georgia, being parcels 1,2,3,4,5,6,7,8,9, 10, 11, 12, 13, 14, 15 and 16, and more particularly described as follows: - BEGINNING at the common intersection of Land Lots 518, 519, 562 and 563, said point being the POINT OF BEGINNING; thence easterly along the northern lot line of Land Lot 562 a distance of967 feet more or less to a point at the intersection of the southern right-of-way of April 7. 2003 6 Windy Hill Road with the western right-of-way of Reed Street; thence southerly along said right- of-way of Reed Street a distance of270 feet more or less to a point at the intersection of the western right-of-way of Reed Street with the northern right-of-way of Belmont Avenue; thence westerly along said right-of-way of Belmont Avenue a distance of967 feet more or less to a point on the western lot line of Land Lot 562; thence northerly along the western lot line of Land Lot 562 a distance of270 feet more or less to the POINT OF BEGINNING. (Said tract contains 5.76 Acres, more or less) - MOTION: Council Member Scoggins made a motion to approve the validation of application for annexation for Land Lot 562, Parcels 1,2,3,4, 5, 6, 7,8,9,10,11,12,13,14, 15 and 16 for a 5.76 acre tract on Belmont Avenue with a public hearing date set for May 5,2003. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (B) Approval of Name Change Request for Campbell Villa Apartments Mr. Wright stated that Section 50-30 states that names for streets, multifamily complexes, etc., must be referred to the fire prevention bureau, building inspection department and city engineer to review proposed names for similarity and duplication. Mr. Wright stated that staff opposes the name change because of potential confusion with other similarly named developments. Council Member Lnenicka stated that Campbell Villa Apartments have been in Smyrna for a number of years, and that this complex seems to be well-managed and well-maintained. Council Member Lnenicka stated that the apartments will be undergoing a change in ownership with plans to convert them into condominiums. Council Member Lnenicka stated that he has no objections to the proposed name of North Vinings Condominiums. Council Member Lnenicka stated that, because this proposed name seems similar to those of other developments, staff has recommended that this name not be approved based on public safety considerations. Council Member Lnenicka stated that the owner has already spent some money on new signs, and that he would like to try to work with the owner to try to find some solution which may be acceptable to all concerned. - MOTION: Council Member Lnenicka made a motion to table the approval of a name change request for Campbell Villa Apartments to the April 21, 2003 Council meeting. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. (Clerk's Note: Council Member Scoggins was absent at the time of this vote). (C) Approval of Sale of Property by the Smyrna Downtown Development Authority Mr. Wright stated that a few years back the City granted GKJ Development (GKJD) options on two parcels on King Street in the Market Village. Mr. Wright stated that GKJD has chosen to exercise the options. Mr. Wright stated that the sales price will be $200,000, payable at closing, with terms and conditions set forth in the contract. Council Member Wood stated the subject parcels are directly across from City Hall, and that the developer was granted the option of buying these parcels for $100,000 each. MOTION: Council Member Wood made a motion to approve the sale of property by the Smyrna Downtown Development Authority to GKJ Development, LLC, with terms and conditions previously set forth by contract. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. (Clerk's Note: Council Member Scoggins was absent at the time of this vote). - April 7. 2003 7 (D) Approval of Revision of City of Smyrna Personnel Policies and Procedures - Section 21, p. 5, [Pay Plan]; Section 10, p. 2 [Performance Appraisal] - Mr. Wright stated the proposed revision will positively affect employee pay by treating reclassifications like promotions. Mr. Wright stated that other proposed revisions will allow department managers to modify and approve employee performance appraisals. Mr. Wright stated that under current guidelines department managers cannot modify or reject employee performance appraisals. Council Member Newcomb stated the intended purpose ofthe revision is to help ensure fair treatment of all employees. MOTION: Council Member Newcomb made a motion to approve revision of City of Smyrna Personnel Policies and Procedures - Section 21, p. 5, [Pay Plan]; Section 10, p. 2 [Performance Appraisal], and the motion was seconded by Council Member Pritchett. Motion was approved 6 - O. (Clerk's Note: Council Member Scoggins was absent at the time of this vote). (E) Validation of Application for Annexation - Land Lots 748 and 749 - 31.8 Acre Tract- Various Owners Mr. Wright stated that a review of the applications by staff disclosed that the contiguity requirements set forth by State law will be satisfied, and that no unincorporated island will be created as a result of this annexation. Council Member Lnenicka stated the proposed annexation will be carried out using the guidelines under State law requiring 100% of the signatures ofthe owners of the subject properties. - The legal description of the subject property is as follows: TRACT 2 All that tract or parcel ofland, lying in Land Lot 748 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at the intersection of the northerly right-of-way line of Bolling Road, also known as Pine Street and Hill Street and the southwesterly right-of-way line of Atlanta Road, also known as S.R. 3 said point being the TRUE POINT OF BEGINNING; - Thence along the northerly right-of-way of Bolling Road in a westerly direction for a distance of 27 feet to a point; Thence along the northerly right-of-way of Bolling Road in a westerly direction for a distance of 46 feet to a point; Thence along the northerly right-of-way of Bolling Road in a southerly direction for a distance of 15 feet to a point; Thence along the northerly right-of-way of Bolling Road in a westerly direction for a distance of 429 feet to a point, said point being at the mitered intersection of Bolling Road and Pine Street; Thence along the mitered right-of-way in a northwesterly direction for a distance of 23 feet to a point; Thence along the easterly right-of-way of Pine Street in a northerly direction for a distance of 55 feet to a point; Thence along the easterly right-of-way of Pine Street along a curve to the right in a northerly direction for a chord distance of 105 feet to a point; April 7. 2003 8 Thence leaving the easterly right-of-way of Pine Street in a southeasterly direction for a distance of 80 feet to a point; Thence in a northeasterly direction for a distance of 169 feet to a point, said point being on the southerly right-of-way line of Atlanta Road; Thence along the southerly right-of-way of Atlanta Road in a southeasterly direction for a distance of390 feet to a point, said point being the TRUE POINT OF BEGINNING. - And also; TRACT 1 All that tract or parcel ofland, lying in Land Lot 749 and 764 of the 17th District, 2nd Section, Cobb County, Georgia, being Lots 1 through 26 of the James W. Bolling Subdivision as recorded in Plat Book 3, Page 57, Cobb County records and Lots 1 through 14 of the Mrs. J. W. Bolling Estate recorded in Plat Book 8, Page 14, Cobb County records and being more particularly described as follows: Beginning at the intersection of the easterly right-of-way line of Pine Street and the Southerly right-of-way line of Bolling Road, also known as Pine Street, said point being the TRUE POINT OF BEGINNING; Thence along the southerly right-of-way of Bolling Road East for a distance of 575 feet to a point, said point being the at the intersection of the southerly right-of-way of Bolling Road and the westerly right-of-way of Hill Street; Thence along the westerly right-of-way of Hill Street in a southerly direction for a distance of 120 feet to a point, said point being at the intersection of the line between Lots 2 and 4 ofthe James W. Bolling Subdivision, recorded in Plat Book 3, page 45, Cobb County records and said right- of-way; Thence in an easterly direction for a distance of 30 feet to a point, said point being at the intersection of the easterly right-of-way line of Hill Street and the lot line between Lots 1 and 3 of said subdivision; Thence along the east side of Hill Street in a southeasterly direction for a distance of 15 feet to a point; Thence along the east side of Hill Street in a northeasterly direction for a distance of 47 feet to a point; Thence along the east side of Hill Street in a northeasterly direction for a distance of 46 feet to a point, said point being at the intersection ofthe east right-of-way of Hill Street and the southwesterly right-of-way of Georgia State Route 3; Thence along the southwesterly right-of-way of S.R. 3 in a southeasterly direction for a distance of 96 feet to a point, said point being at the intersection of the Southwesterly right-of-way of S.R. 3 and the westerly right-of-way ofInterstate 285; Thence along the westerly right-of-way of 1-285 in a southeasterly direction for a distance of 118 feet to a point; Thence along the westerly right-of-way ofl-285 in a southeasterly direction for a distance of 124 feet to a point; Thence along the westerly right-of-way of 1-285 in a southeasterly direction for a distance of 80 1 feet to a point; Thence along the westerly right-of-way ofI-285 in a southeasterly direction for a distance of201 feet to a point; Thence along the westerly right-of-way of 1-285 in a southerly direction for a distance of 36 feet to a point, said point being at the intersection of the westerly right-of-way of 1-285 and the south line of Land lot 764; - -- April 7. 2003 9 - Thence along the south line of Land Lots 764 and 749 in a westerly direction for a distance of 906 feet to a point, said point being at the intersection of the northerly right-of-way of CSX Railroad (140' r/w) and Land Lot 749; Thence along the northerly right-of-way ofCSX Railroad in a northwesterly direction for a distance of 118.7 feet to a point, said point being at the intersection of the easterly right-of-way of Pine Street and Land Lot 749; Thence along the easterly right-of-way of Pine Street for a distance of 1300 feet to a point, said point being the TRUE POINT OF BEGINNING. And also; CSX RAILROAD All that tract or parcel ofland lying and being in Land Lots 691, 692, 749 and 750 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: - Beginning at the intersection of the northeasterly right-of-way line of South Cobb Drive (S.R. 280,200 foot width) and the northerly right-of-way of the CSX Railroad (140 foot width), said point being the same POB described in Deed Book 4275, Page 23 for Alpha Storage Ltd.and being the TRUE POINT OF BEGINNING; THENCE along the northerly right-of-way line of said railroad North 75 degrees 49 minutes 34 seconds East for a distance of 575.11 feet to a point; THENCE along the northerly right-of-way line of said railroad along a curve to the right having a radius of 1980.08 feet and an arc length of 1012.45 feet, being subtended by a chord of South 89 degrees 31 minutes 33 seconds East for a distance of 1001.45 feet to a point; THENCE leaving said northerly right-of-way line South 15 degrees 07 minutes 21 seconds West for a distance of 140.00 feet to a point on the southerly right-of-way line of said railroad; THENCE along the southerly right-of-way line of said railroad along a curve to the left having a radius of 1840.08 feet and an arc length of 940.86 feet, being subtended by a chord of North 89 degrees 31 minutes 33 seconds West for a distance of930.65 feet to a point; THENCE along the southerly right-of-way line of said railroad South 75 degrees 49 minutes 34 seconds West for a distance of 494.75 feet to a point; THENCE leaving said right-of-way North 44 degrees 01 minutes 45 seconds West for a distance of 161.42 feet to a point, said point being the TRUE POINT OF BEGINNING And also; TRACT 3 ALL THAT TRACT or parcel of land lying and being in Land Lot 749 ofthe 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point at the intersection of the west side of Pine Street and the northerly right- of-way of CSX Railroad; running thence northwesterly along the northerly right-of-way of CSX Railroad 300.4 feet to a point; running thence north 29 degrees 40 minutes west 237.6 feet to a point; running thence north 87 degrees 30 minutes east 317.0 feet to a point; running thence south 02 degrees 04 minutes east 50.0 feet to a point; running thence north 87 degrees 24 minutes east 100 feet to the west side of Pine Street; running thence southerly along the west side of Pine Street 193.0 feet to the POINT OF BEGINNING; being vacant property shown on survey by Frank L. Boyd, dated April 13, 1970, recorded in Plat Book 49, Page 76, Cobb County, Georgia records. - Less and except the following: April 7. 2003 10 All that tract or parcel of land, lying in Land Lot 749 of the 1 ih District, 2nd Section, Cobb County, Georgia and being known as Lot 14 of the Mrs. J. W. Bolling Estate as per plat recorded in Plat Book 8, Page 14, Cobb County records. - Said tract contains 31.8 acres more or less, excluding exceptions. MOTION: Council Member Lnenicka made a motion to approve the validation of application for annexation for a 31.8 acre tract in Land Lots 748 and 749 with a public hearing date set for May 5, 2003. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (Clerk's Note: Council Member Scoggins was absent at the time of this vote). (F) Appointment of Members to the Smyrna Revitalization Task Force Council Member Lnenicka stated that, as discussed at the last Council meeting, citizens task forces have contributed to previous successful efforts to bring about positive changes in the City through their efforts, study and feedback. Council Member Lnenicka stated that as the City moves toward the second phase of the revitalization effort, citizen participation will continue to be a valuable source of ideas. MOTION: Council Member Lnenicka made a motion to appoint Bill Bennett, Gary Chapman, Jane Chapman, Pinky Gilbert, John Gudaitis, Ed Hatcher, Jim Morrison, Harold Smith, and Ed Whittington to the Smyrna Revitalization Task Force. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (Clerk's Note: Council Member Scoggins was absent at the time of this vote). COMMERCIAL BUILDING PERMITS: -- There were none. CONSENT AGENDA: (A) Approval of the March 17,2003 Minutes (B) Approval of an Interlocal Agreement between the City of Smyrna and Cobb County for Construction of a Turn Lane on Cooper Lake Road near the East -West Connector Cobb County has agreed to contract for the labor and materials necessary to implement such improvements and Cobb County will provide traffic signal modifications including material and labor, engineering design, construction management, resident inspection for the entire project including the right-turn lane. (C) Request R & E Funds for Contract Unit Pricing of Water Main Replacement and Upgrade - Whitfield Street Public Works requests approval to replace 1070 l.f. of 4" CI water main on Whitfield Street. (D) Renewal of Sweeping Contract Public Works staff and Purchasing recommend renewal of street sweeping contract with Sweeping Corporation of America for an additional year with no price increase. (E) Approval to Install Speed Humps in the Concord Glen Subdivision .... April 7. 2003 11 - (F) - - The City has received a petition from the residents of the Concord Glen subdivision requesting the installation of speed humps. The petition has been signed by 70 percent of the affected property owners. All criteria of the City of Smyrna Speed Hump Policy have been met. The plan calls for installation of two speed humps on Berkley Drive and one on Auldon Court. A ward of Contract for Services for the City Employee Assistance Program The City recognizes that various problems, e.g., depression, stress, family difficulties, alcohol abuse, etc., can affect the mental and physical health of employees. The following proposals were reviewed by Human Resources and Purchasing: Corp Care & Assoc. $2.75 per employee per month ($14,025 annually) 8 sessions per year per family member EAP Consultants $2.83 per employee per month ($14,433 annually) 8 sessions per year per family member The Resource Center $1.3 I per employee per year ($6,681 annually) 8 sessions per year per family member North Pines Center $12,150 annually plus $2,125 for training 1 - 8 sessions per year per family member CCl Inc. $7.50 per employee per year (fee for service) Total cost depends on utilization and service provided Cameron & Associates $2.25 per employee per year ($11,475 annually) 1 - 8 sessions per year per family member Integrate Health Resource $2.75 per employee per month ($14,025 annually) 1 - 8 sessions per year per family member Cooper Psychological $32.64 per employee per year ($13,872 annually) I - 8 sessions per year per family member The Human Resources Department recommends award of the contract to Cameron and Associates for the project period of July 1, 2003 until June 30, 2004, with the option to renew for two additional years. (G) Approval to change voting method from vote recorders using punch cards to DRE - Direct Recording Electronic Voting Devices (touch screen tabulators), and to appoint Cobb County as Superintendent of Elections to conduct the November 4, 2003 and potential November 25, 2003 Runoff Election (H) Approval of Public Works Department Bid # 3-022 for the installation of 1100 l.f. of8" sewer main on Ridge Road Five vendors were solicited for bids with only one responding. Three alternatives were also included in this bid to bore between manholes. The bid was submitted as follows: K. M. Davis Contracting Co. Inc. Open cut $89,748.00 April 7. 2003 12 Alt. # 1 Bore # 1 additional $90,000.00 Alt. # 2 Bore # 2 additional $ 80,000.00 Alt. # 3 Bore # 3 additional $73,000.00 - Public Works Staff and Purchasing have reviewed the bids and recommend bid award to K.M. Davis for $89,748.00 and negotiate if possible Alt. # 1 notto exceed 100 LF @ $150.00 per LF. MOTION: Council Member Pritchett made a motion to table consent agenda Item # F until the May 5, 2003 Council meeting. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. MOTION: Council Member Newcomb made a motion to approve the consent agenda, excluding Item #F. The motion was seconded by Council Member Hawkins. Motion was approved 7 - O. Council Member Wood stated the interlocal agreement between the City of Smyrna and Cobb County for construction of a turn lane on Cooper Lake Road near the East -West Connector should be beneficial for residents who are presently experiencing heavy traffic in this area. Council Member Wood stated this project may be completed as early as July of the current year. Council Member Wood stated that staff has been working with residents of Concord Glen Subdivision for quite some time on a plan for the speed humps at that location. COMMITTEE REPORTS: Council Member Pritchett yielded the floor with no report. Council Member Newcomb yielded the floor with no report. - Council Member Hawkins announced he will not seek re-election in the City general election this year. Council Member Hawkins stated he wants to make this fact known early enough in order to give interested candidates adequate time to prepare for the election. Council Member Hawkins stated he has enjoyed his service to the City, but he wishes to devote time to other interests. Council Member Cramer reminded those present that pavers are still available for the Veterans Memorial. Council Member Cramer stated that everyone should keep our military personnel serving overseas in their thoughts. Council Member Cramer stated that the City is continuing its efforts to review regulations governing taxi operations in order to make certain that residents get the best service possible. Council Member Lnenicka stated we should all be mindful of the current international situation, and of the American military personnel who are defending this country. Council Member Lnenicka stated he hopes the current conflict can be brought to a quick and just conclusion. Council Member Lnenicka commented favorably about the country's military personnel, and expressed appreciation to the City's staff members for assisting those employees who are currently serving overseas. Council Member Lnenicka commented favorably about Council Member Hawkins and his service to the City. Council Member Wood commented favorably about the country's military personnel, as well as the local public safety personnel in our community, for the service they render. -- - - ... April 7. 2003 13 Council Member Hawkins reminded those present that he will continue to attend to his duties as a member of the City council until the end of his current term. Mayor Bacon commented that service as an elected official makes heavy demands on an individual's time. Mayor Bacon stated that he is looking forward to continuing to work with Council Member Hawkins for the rest ofthis year. CITIZENS INPUT: There were no additional citizen comments. ADJOURNMENT: With no further business, the meeting was adjourned at 8:48 p.m. /~ A. MAX BACON, MAYOR J,/ Jl...~1 ~? / =- " /'); - . e/I /- .. ~::jn_QQ ,r1j X./ /t!J,c.t-t- SUSAN D. HIOTT, CITY CLERK ~; JvL RON NEWCOMB, WARD 2 I ~rn.//~ / JAMES M. HAWKINS, WARD 4 tJ ~&~ CHARLES PETE WOOD, WARD 7 WADE S. LNENICKA, WARD 6