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2003 minutes (6) July 2 L 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, Public Works Director Scott Stokes, Deputy Police Chief Mike Brown, Library Director Michael Seigler, Athletics and Aquatics Coordinator Tom Jackson, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, Chief Building Official Robin Broyles, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Reverend Chuck Moon from Tillman United Methodist Church, followed by the pledge to the flag. AGENDA CHANGES: - Mayor Bacon stated that agenda item #5A [Zoning Amendment Z03-011 - Additional Townhouse Units - Vinings Estates Subdivision - John Wieland Homes and Neighborhoods] was tabled from the July 7, 2003 meeting and that a request has been made by the applicant to withdraw this amendment without prejudice. Mayor Bacon stated that agenda items #5D [Rezoning Request Z03-0 12 - Light Institutional (Ll) to General Commercial (GC) - 2.2 Acre Tract - Land Lot 461 RACO Peachtree Ventures, LLC], #5E [Land Use Request Z03-012- Industrial Compatible to Community Activity Center - 2.2 Acre Tract - Land Lot 461 - RACO Peachtree Ventures, LLC] and item #5F [Privilege License Request - Alcoholic Beverage Sales- Retail Package (Beer Only) - Cobb Center Shell- 3402 South Cobb Drive - Ayaz Suteria, Applicant] will be tabled until the August 4,2003 meeting. CITIZENS INPUT: Mayor Bacon recognized Mr. Howard Smith, residing at 2207 Austin Lake Drive, who expressed the view that the City's elected officials approved a 30% pay increase for themselves at the previous Council meeting. Mr. Smith stated the City's elected officials will be receiving pay increases larger than those given to City employees for five consecutive years. Mr. Smith expressed the view that the disparity in percentage of pay increase could adversely affect the morale of City employees. Mr. Smith provided details of recent news reports to those present indicating that salary increases in general are currently at their lowest levels in a decade, and that unemployment is at a six-year high. Mr. Smith stated that no teachers and State employees will will be receiving pay increases in the near future. Mr. Smith stated the retirement program the City's elected officials approved for themselves is better than that of City employees. Mr. Smith stated that the City's elected officials are the only part-time employees entitled to free medical insurance. Mr. Smith stated that the travel budget for the City's elected officials is much greater than that of City employees. Mr. Smith stated that the City's elected officials also receive a variety of gratuities. Mr. Smith expressed the view that Smyrna residents have paid more property taxes in the last 20 years than citizens of other municipalities in Cobb County. ... Mayor Bacon recognized Mr. Floyd Millis, residing at 1878 Wynridge Drive, who stated he considers it amusing that, at the last Council meeting, Council Member Lnenicka used a discredited bureaucrat as an example of the use of statistical information. Mr. Millis explained that he was serving in the military in Vietnam during the conflict in that region, and that many American military personnel who were there, including himself, were skeptical of the statistics July 21. 2003 2 Council Member Lnenicka alluded to. Mr. Millis expressed disagreement with some information regarding property taxes which he stated was presented at the last Council meeting by Council Member Lnenicka. Mr. Millis presented his own analysis of various tax-related information to those present - MAYOR'S REPORT: Mayor Bacon recognized Ms. Kirk, who presented Image Enhancement Awards to The Concord Gallery and Wade Ford. Mr. Lamar Lester from Wade Ford commended the City's leadership for their constant efforts to improve the City, and thanked Ms. Kirk for the award. Council Member Cramer complimented Mr. Lester and the Wade Ford management team on the attractive pre- owned vehicle sales facility they recently opened. PUBLIC HEARINGS: (A) Zoning Amendment Z03-0 11 - Additional Townhouse Units - Vinings Estates Subdivision - John Wieland Homes and Neighborhoods Mayor Bacon stated this measure was tabled from the July 7, 2003 meeting, and that the applicant has requested to withdraw this amendment without prejudice. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood stated that a written request dated July 9, 2003 was received from the applicant requesting that the zoning amendment application be withdrawn without prejudice. MOTION: Council Member Wood made a motion to withdraw Zoning Amendment Z03-011 for additional townhouse units at Vinings Estates Subdivision for John Wieland Homes and Neighborhoods without prejudice. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. - (B) Variance Request V03-020 - Use of Roof Color Not Approved for Overlay District Color Standards - 2415 South Cobb Drive - Dirt Cheep Music Mr. Wright stated the applicant is requesting to install a blue-colored roof at the subject location which is not an approved color for the City's Overlay District color standards. Mr. Wright stated this measure was tabled from the July 7, 2003 meeting, and that staff does not support the use of the requested color. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Cramer recognized Mr. John Rathbone, and asked Mr. Rathbone to provide to those present details of the remodeling planned for Dirt Cheep Music (DCM). Mr. Rathbone stated that DCM has been operating in Smyrna for nearly 20 years. Mr. Rathbone stated that the color blue has always been used for DCM advertising. Mr. Rathbone stated the current location ofDCM was selected for its visibility, and that he wishes to preserve this visibility. Council Member Cramer asked Mr. Rathbone if the amount of signs at DCM is being reduced, and Mr. Rathbone stated the number of signs there is being reduced by about 50%. Mr. Rathbone expressed the view that the shade of blue he is requesting to use is comparatively subdued. Council Member Cramer asked Mr. Rathbone ifthe use of the blue color will be limited to the roof only, and Mr. Rathbone answered in the affirmative. - July 2 L 2003 3 - MOTION: Council Member Cramer made a motion to approve Variance Request V03-020 for use of roof color not approved for Overlay District color standards at 2415 South Cobb Drive for Dirt Cheep Music. The motion was seconded by Council Member Hawkins. Council Member Newcomb expressed appreciation to Mr. Rathbone for his efforts to renovate the subject premises. Council Member Newcomb stated the City has adopted a specific range of colors, and that efforts are being made to make certain the approved colors are used consistently. Council Member Newcomb stated he will not support this motion. Motion was approved 5 - 2, with Council Members Lnenicka and Newcomb in opposition. (C) Zoning Amendment Z03-0 15 - Substitution of Landscape Buffer for Undisturbed Buffer - Concord Grove Subdivision - Concord Road - Benchmark Homes Mr. Wright stated the plat approved by the City for the subject property required installation of a 10' undisturbed buffer along the north, south and west boundaries of the subdivision. Mr. Wright stated the applicant is requesting to install a landscape buffer in lieu of the originally stipulated undisturbed buffer, and that staff supports this proposal. 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 Wood recognized Mr. Kip Berry, and asked Mr. Berry to explain the need for the requested zoning amendment to those present. Mr. Berry stated the perimeter of the subject location in its present state contains a great deal of debris, including dead tree limbs and grass clippings. Mr. Berry stated that cleaning up the subject buffer area and landscaping it will result in a more satisfactory buffer. Mr. Berry stated that no trees in sound condition would be removed as a result of the proposed landscaping. Mayor Bacon recognized Mr. Carl Tackett, residing in the vicinity of Concord Road, who expressed concern that adequate beautification measures may not be taken by the applicant in the area of Concord Road. Mr. Berry stated a metal fence is in place in the area of Concord Road, and that this area will be landscaped. Mr. Berry stated that maintenance to this area will be provided by the subdivision's homeowners association. Mayor Bacon recognized Mr. Mark Robinson, residing at 207 Concord Road, who expressed concern about possible removal of plants near his property. Mr. Robinson stated it was his understanding that the undisturbed buffer was originally approved to minimize the impact of the new construction on the surrounding area, and that he is not certain why this measure may no longer be considered acceptable. Mr. Robinson stated he is opposed to this proposal, and expressed the view that the signs posted on the subject property to advertise this public hearing may not have been sufficiently conspicuous. Mr. Robinson stated he believes construction crews at the subject location may at times be working past the approved hours prescribed in the City's noise ordinance. Mr. Berry stated that some of the natural shrubs near Mr. Robinson's property could probably be trimmed and preserved. Mr. Robinson stated he would not object to the removal of debris near his property. ... Council Member Wood recognized Chief Building Official Robin Broyles, and asked Mr. Broyles to explain to those present what measures will likely be taken in regard to the buffer area near Mr. Robinson's property. Mr. Broyles stated the requested zoning amendment does not relate to landscaping, but rather to the preservation of a buffer area along the boundaries of the subject property. Mr. Broyles stated the buffer will not be superficial landscaping, but will take July 2 L 2003 4 some form which will actually lessen the impact of the new construction. Mr. Robinson stated the existing vegetation near his property is adequate as a buffer, and that he does not understand why it should be necessary to remove any of it. Council Member Pritchett stated she believes she understood Mr. Berry say that the natural vegetation near Mr. Robinson's property may remain. Mr. Berry stated some trimming may be necessary to make the appearance ofthe buffer areas consistent with the rest of the subdivision. Council Member Pritchett asked Mr. Berry if the homeowners in the subdivision could remove the vegetation in the buffer areas, and Mr. Berry stated that homeowners cannot disturb the buffer areas. Mr. Berry stated he would not object to a stipulation which would require that vegetation removed from the buffer areas be replaced with specified plants. - MOTION: Council Member Wood made a motion to approve Zoning Amendment Z03-0 15 for substitution of a landscape buffer for undisturbed buffer at Concord Grove Subdivision on Concord Road for Benchmark Homes to permit the removal of undergrowth subject to the following conditions: (a) any trees to be removed must be approved in advance by City staff; (b) the composition of the landscape buffer must be determined by the chief building official of the City of Smyrna which meets the criteria as set forth by the Mayor and Council Members; and (c) the bushes on the one side of the property described at this meeting will be exempted. The motion was seconded by Council Member Lnenicka. Council Member Hawkins asked for clarification of the condition relating to the bushes on the one side of the property described at this meeting which will be exempted. Council Member Wood stated that changes can be made to the referenced plants to bring them into conformity with the planted buffer criteria. Council Member Lnenicka stated that this condition protects the plants from being cut down and removed. Motion was approved 7 - O. (D) Rezoning Request Z03-012 - Light Institutional (Ll) to General Commercial (GC) - 2.2 Acre Tract - Land Lot 461 - RACO Peachtree Ventures, LLC - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to table Rezoning Request Z03-0 12 from Light Institutional (Ll) to General Commercial (GC) for a 2.2 acre tract in Land Lot 461 for RACO Peachtree Ventures, LLC until the August 4,2003 Council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (E) Land Use Change Request Z03-012 -Industrial Compatible to Community Activity Center - 2.2 Acre Tract - Land Lot 461 - RACO Peachtree Ventures, LLC MOTION: Council Member Wood made a motion to table Land Use Change Request Z03-012 from Industrial Compatible to Community Activity Center for a 2.2 acre tract in Land Lot 461 for RACO Peachtree Ventures, LLC until the August 4,2003 Council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (F) Privilege License Request - Alcoholic Beverage Sales - Retail Package (Beer Only) - Cobb Center Shell - 3402 South Cobb Drive - Ayaz Suteria, Applicant Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins stated the applicant has requested a continuance on this request because of a family emergency. - July 2 L 2003 5 ... MOTION: Council Member Hawkins made a motion to table privilege license request for alcoholic beverage sales for Cobb Center Shell at 3402 South Cobb Drive for Ayaz Suteria, applicant, until the August 4, 2003 Council meeting. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. FORMAL BUSINESS: (A) Adoption of the 2003 Tax Millage Rate for the City of Smyrna Mr. Wright stated the proposed millage rate for 2003 is 9.70 mills, which is a reduction of .15 mills from the previous year's rate. Mr. Wright stated this is the thirteenth year that the millage rate either stayed the same or was lowered. Mr. Wright stated that staff recommends adoption of the proposed millage rate. Council Member Wood stated the Fiscal Year 2004 budget was approved at the June 16 meeting with a tentative millage rate of9.75 mills. Council Member Wood stated a final millage rate of 9.70 mills is proposed based on the new tax digest. MOTION: Council Member Wood made a motion to approve a millage rate of9.70 for 2003, and the motion was seconded by Council Member Cramer. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: (A) 2350 South Cobb Drive - 4,498 s. f. Retail Facility - Alterman Real Estate ... MOTION: Council Member Cramer made a motion to approve a commercial building permit for Alterman Real Estate at 2350 South Cobb Drive for a 4,498 s. f. retail facility, and the motion was seconded by Council Member Wood. Motion was approved 7 - O. *Council Member Lnenicka made a motion to suspend the rules to add 3 items to the consent agenda, and the motion was seconded by Council Member Wood. Motion was approved 7 - O. *Council Member Lnenicka made a motion to add item #8D (Approval of Adoption of a Ninety Day Moratorium on the Issuance of Privilege Licenses for Vehicle for Hire), item #8E (Approval ofInstallation of Speed Humps on Plaza Drive) and item #8F (Approval of Use of Council Chambers for a Ward 2 Meeting on Thursday, July 24, 2003 from 6:30 p.m. until 9:30 p.m.) to the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of July 7,2003 minutes. (B) Approval of Purchase of Global Positioning System and Back-Up Communication System for the Police Department This grant-funded project would allow constant monitoring and tracking of all uniform units by the communications center. The system utilizes Nextel GPS enabled cellular technology which also provides a back-up communication system. The system will allow the communications operator to dispatch the closest unit to emergency calls. It is recommended that expenditures of grant funds for the purchase of the Nextel GPS/Cellular System and first year monthly program fees be approved. -- July 21. 2003 6 (C) Approval to Authorize the Mayor to Sign LARP Resurfacing Contracts LAROO-S005- 00(186) and LAROO-S005-00(189) with the Georgia D.O.T. A list of proposed streets to be resurfaced was sent to the Georgia Department of Transportation. Eight streets were approved. These streets are in the FY2004 Road Improvement Budget. LARP pays for approximately 50 percent of the cost of resurfacing. The City Engineer recommends approval of the contracts. - *(D) Approval of Adoption of a Ninety Day Extension of the Moratorium on the Issuance of Privilege Licenses for Vehicle for Hire *(E) Approval ofInstallation of Speed Humps on Plaza Drive *(F) Approval of Use of Council Chambers for a Ward 2 Meeting on Thursday, July 24,2003 from 6:30 p.m. until 9:30 p.m. MOTION: Council Member Lnenicka made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Jackson, who reported the City's Birthday Celebration will be on August 2, and provided details to those present regarding the planned festivities. Mr. Jackson provided details of the upcoming State-wide swim meet to those present. 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 materials and facilities. Mr. Seigler provided details of wood carvings made by residents of senior centers in Cobb County and a painting exhibit which are both currently on display at the City Library. Mr. Seigler provided details of various other programs and activities at the City Library. - Council Member Pritchett recognized Ms. Bennett, who reported that Banks and Shane, as well as Tim Purcell and The Mustangs, will perform at the City's Birthday Celebration, and that there will be a fireworks display at this event. Ms. Bennet provided details to those present concerning the upcoming Christmas in July event planned at the Community Center on July 25. Council Member Pritchett stated she is proud to be an American and a resident of the City of Smyrna, and that she is glad that Americans have a right to freedom of speech. Council Member Newcomb recognized Mr. Corey, who provided to those present details concerning positions for which the City is recruiting. Mr. Corey congratulated Mr. Roy Wheeling on being named Employee of the Month. Council Member Newcomb stated there will be a Ward 2 meeting at City Hall this Thursday. Council Member Newcomb stated he is gratified to see that the City continues to adopt millage rates which are trending downward, and that City taxpayers also enjoy the benefit of a homestead exemption. Council Member Scoggins recognized Chief Williams, who provided details of a recent fire incident at the Glock facility to those present. Chief Williams reported that trees weakened by previous years of drought have been falling in the recent heavy rains and causing hazardous conditions. Chief Williams stated the Smyrna Fire Department Softball Team participated in a -- July 2 I. 2003 7 recent tournament with good results. Chief Williams stated the City siren warning system is in good working order. - Council Member Scoggins recognized Deputy Police Chief Mike Brown, who had no report. Council Member Hawkins recognized Ms. Hiott, who stated that new maps representing the revised City ward boundaries are on display at City Hall, the Community Center and the City Library. Ms. Hiott stated the revised map is also on the City web site, and that updated voter registration cards will be mailed out by Cobb County next month. Ms. Hiott stated that the qualification period for the upcoming City election will be September 8 - 10, and that this process will be conducted at the Cobb County Board of Elections office at 47 Waddell Street in Marietta. Council Member Hawkins stated that the citizens input portion of the agenda is for the purpose of providing citizens an opportunity to express their views at public meetings, and that the policies for conducting this part of City public meetings make it comparatively easy for citizens to participate. Council Member Hawkins stated the citizens input portion of the agenda is not for the purpose of public debate. Council Member Hawkins stated that under Georgia law, an elected body cannot approve a raise for itself, and that the Smyrna city council has not approved a raise for this term of office. Council Member Hawkins stated that a pay increase for City elected officials to be effective January 1,2004 was approved. Council Member Hawkins stated that any citizen wishing to run for public office in the City of Smyrna may do so. Council Member Hawkins stated that the average City employee earns $35,000 per year, and that a 3% raise will provide them with $1,050 of additional annual income. Council Member Hawkins stated that the City council members will realize an annual pay increase of $900 next year. - Council Member Cramer recognized Ms. Kirk, who provided details of a litter index survey conducted by Keep Smyrna Beautiful (KSB) recently. Ms. Kirk expressed appreciation to the volunteers who assisted with this project. Ms. Kirk provided details of various KSB activities and developments, including a recent Adopt-a-Mile program clean-up. Ms. Kirk stated a work glove luncheon is planned for August 20. Council Member Cramer recognized Mr. Stokes, who provided details of current Public Works Department operations and projects to those present. Council Member Cramer recognized Mr. Wright, who provided to those present a list of streets to be resurfaced under the LARP program as follows: Austin Drive, Technology Court, Lake Ridge Drive, North Matthews Street, Northview Place, Corn Road, Watkins Road and Windy Hill Place. Council Member Cramer stated the City has recently purchased a 3.6 acre tract near Glendale Place known as Burger Field to be used as greenspace. Council Member Cramer stated that a young man serving in the U. S. Marine Corps recently returned from a tour of duty in Iraq and was welcomed back by his neighbors in this community. Council Member Cramer provided details of efforts in progress to improve conditions at the Wood song Apartments. Council Member Cramer provided details to those present regarding efforts presently being made to try to correct a problem concerning a certain dog at large in the City. Council Member Lnenicka recognized Mr. Broyles, who provided current building permit statistics to those present. ... July 21. 2003 8 Council Member Lnenicka wished his niece Ashley a happy birthday. Council Member Lnenicka stated that a local citizen, Bill Love, and some of his family members were lost in a recent plane crash in Kenya, and extended his condolences to their family. - Council Member Lnenicka stated that the citizens input section of the council meetings is not intended to be used for the purpose of debate. Council Member Lnenicka expressed the view that politics in this country in general has become too vicious. Council Member Lnenicka stated it would be a tragedy for American democracy if qualified people eventually become too afraid to run for office. Council Member Lnenicka stated that he believes the comments made by one person at this meeting breached the code of ethics of that individual's professional organization. Council Member Lnenicka stated that if any citizen wants his opinion about a particular matter, he will provide it, and that his words do not need to be interpreted by anyone else. Council Member Lnenicka requested everyone to at least make an effort to pronounce his name correctly. Council Member Lnenicka expressed disappointment about the fact that so many people seem to be focused on what is negative around them. Council Member Lnenicka stated that when people concentrate on helping others, they do not have time to dwell on their own perceived problems. Council Member Lnenicka stated that helping other people is an uplifting experience. Council Member Lnenicka used a quote attributed to a former president to illustrate the point of view that people who make efforts and persevere deserve credit, and that those who have only criticism to offer do not. Council Member Lnenicka commended the elected officials who try their best to do what is right. Council Member Lnenicka urged those persons who want to undertake the role of government leadership to make their case to the voting public. Council Member Wood recognized Ms. Edgar, who reminded those present that July 31 is the deadline to apply for the City homestead exemption. Ms. Edgar provided details ofthe benefits of the homestead exemption to those present. - CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 9: 17 p.m. - July 21. 2003 - /~7-- A. MAX BACON, MAYOR ..){Vi. I I I / I ;;{1;I/ .... @~8~cd~ CHARLES PETE WOOD, WARD 7 - 9 a-~TYQ~~ -' -' RON NEWCOMB, WARD 2 JAMES M. HA WKINS, WARD 4 July 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 except Council Member Cramer. Also present were City Administrator Wayne Wright, Deputy City Clerk Lee Miller, City Attorney Scott Cochran, and representatives of the press. Invocation was given by Pastor Jeff Buchanan from Sharon Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda items #5E (Zoning Code Amendment - Section 717.173 b- Approved Colors for Overlay District) and #5F (Variance Request - Use of Roof Color Not Approved for Overlay District Color Standards - 2415 South Cobb Drive - Dirt Cheep Music) will be tabled until a subsequent meeting. CITIZENS INPUT: Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, who asked Council Member Hawkins when additional work can be expected to proceed on a tract of land on Concord Road which has been graded. Council Member Hawkins stated Community Development Director Chris Miller has inquired into this, and learned that recent heavy rains have delayed construction on this project. Council Member Hawkins stated it is his understanding that the builder will resume construction at this location soon. ... Mayor Bacon recognized Mr. Floyd Millis, residing at 1878 Wynridge Drive, who expressed his views regarding City debt to those present. Mr. Millis congratulated Mayor Bacon on the recent birth of his granddaughter. Mayor Bacon recognized Mr. Forrest Watkins, residing at 2614 Gordon Circle, who provided details of water problems he has experienced at his property to those present. Mr. Watkins asked the Mayor and Council Members for their assistance in this matter. Mayor Bacon stated the City Engineer is examining the subject property, and that a report on this matter is expected to be available soon. Mr. Watkins presented photographs of the affected area to the Mayor and Council Members. Mr. Watkins stated he believes the water problems may be associated with the nearby Habitat for Humanity (HH) property. Mayor Bacon stated he will try to arrange a meeting with himself, Council Member Scoggins, Mr. Watkins, the City Engineer and City Administrator to discuss this matter. Council Member Scoggins stated he and City building inspectors have examined the subject property, and that he believes he knows where the water is coming from. Mr. Wright stated that representatives of HH have been contacted regarding this matter. Mr. Wright stated that several solutions have been considered, and that various possible remedies will be discussed at a subsequent time, MAYOR'S REPORT: Mayor Bacon had nothing to report. - July 7, 2003 2 PUBLIC HEARINGS: (A) Charter Amendment - Section 6(b) - Salary Increase for Mayor and Council Members - Second Reading - Mr. Wright stated this charter amendment will increase the salaries of the elected officials taking office on January 5,2004 to $1400 per month for the mayor and $1050 per month for council members, and will provide for increases each year thereafter of $100 per month for mayor, and $75 per month for the seven council members. Council Member Wood stated that under Georgia law, a mayor and council members cannot approve a salary increase for themselves during their current term. Council Member Wood stated it is permissible to amend the charter to allow for a salary increase for the next succeeding mayor and council members. MOTION: Council Member Wood made a motion to approve the second reading of a charter amendment to Section 6(b) for a salary increase for the mayor and council members. Mayor Bacon stated this is a public hearing and asked for public comment. Mayor Bacon recognized Mr. Floyd Millis, residing at 1878 Wynridge Drive, who stated that the City's elected officials will realize a pay increase of about 7.69 % for the first year under the proposed plan. Mr. Millis stated that City employees will get a 3% increase, unless their job performance is adjudged to be exceptional and they then become eligible for an additional percentage point of pay increase. Mr. Millis stated the cumulative increase for elected officials amounts to 30.77% over a period of four years. - Mayor Bacon recognized Mr. Howard Smith, residing at 2207 Austin Lake Drive, who provided details of a recent news report to those present indicating that salary increases in general are at a ten-year low. Mr. Smith stated that, if the proposed salary increase is approved, the City's elected officials will have received pay increases larger than those given to City employees for five consecutive years. Mr. Smith expressed the view that the disparity in percentage of pay increase could adversely affect the motivation of City employees. Mr. Smith expressed disapproval of the proposed salary increase for City elected officials. The motion was seconded by Council Member Hawkins. Motion was approved 6 - O. (B) Zoning Amendment Z03-011 - Additional Townhouse Units - Vinings Estates Subdivision - John Wieland Homes and Neighborhoods Mr. Wright stated the applicant is proposing to add one building with three townhouse units to the Vinings Estates subdivision. Mr. Wright stated addition of the three townhouse units would increase the overall density slightly from 1.29 to 1.30 units per acre. Mr. Wright stated staff recommends approval of the proposed zoning amendment. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. - July 7, 2003 3 ... Council Member Wood stated that staff recommends approval of the proposed amendment. Council Member Wood stated that this zoning amendment request was tabled from the last Council meeting. ... Council Member Wood recognized Messrs. Scott Auer and Dan Fields, representing John Wieland Homes and Neighborhoods (JWH), and asked Mr. Auer to explain the need for the requested zoning amendment to those present. Mr. Auer stated that a pool and cabana had been scheduled for construction at the subject location, but it was subsequently determined to build these appurtenances at another location. Mr. Auer stated that a courtyard with sidewalks, trellises, benches and plants has recently been installed in the area. Mr. Auer stated that on June 25, he met with the Ridge at Vinings Estates Advisory Committee (AC) to discuss various concerns of homeowners. Mr. Auer stated it is expected that completion of the proposed additional townhomes will require about three months. Mr. Auer stated that steps will be taken to make certain that construction crews will not work outside of approved hours of operation. Mr. Auer stated that prices for new condominium units in the Ridge at Vinings Estates are going higher, and that it does not appear that the additional three units will adversely affect the values of existing units there. Mr. Auer stated that representatives of JWH have met with members of the Vinings Estates Homeowners Association (HOA), and that a notice was placed in the mailboxes of all the residents there. Mr. Auer stated he provided his telephone number to at least one resident, and that he has talked to other residents about the proposed additional units. Mr. Auer stated that JWH will be willing to provide some screening plants and landscaping in areas where any homeowners think the additional units are adversely affecting their property. Mayor Bacon recognized Mr. Pierce Story, residing at 574 Vinings Estates Drive, who stated he was not aware of the proposed zoning amendment until Wednesday oflast week. Mr. Story presented letters of petition from some of the residents to Mayor Bacon. Mr. Story stated the letters indicate that JWH promised prospective purchasers that the greenspace in the subject area would remain undisturbed, and that JWH's sales practices have been deceptive. Mr. Story stated the letters indicate that some residents believe the AC should not be representing them in this type of dispute. Mr. Story stated that only JWH will benefit from the proposed zoning amendment. Mr. Story stated that the fact that at least one property owner will purportedly receive $8,000 as compensation from JWH in the event the additional units are built is an indication that the additional construction will adversely impact property values in the affected area. Mr. Story expressed the view that the proposed additional units will not enhance the community as JWH representatives have suggested. Mr. Story stated that money is the only motive behind JWH's wish to build the three additional units. Mr. Story stated the only remedy proposed by JWH is additional trees, and that the trees will not replace the privacy afforded by the existing greenspace. Mr. Story asked the Mayor and Council Members to make a decision which will force JWH to keep their promises to the homeowners in the subj ect area. Mayor Bacon recognized Ms. Elizabeth Jones, residing at 578 Vinings Estates Drive, who stated she was not aware of the proposed zoning amendment until Wednesday oflast week. Ms. Jones stated the notice she received was printed on the reverse of a flyer which was distributed in the community to advertise a pool party. Ms. Jones stated the posting of the subject property to advertise the proposed zoning amendment was placed at a construction site that residents do not drive by often. Ms. Jones expressed the view that the handling of this matter has been unethical and improper, and that the Mayor and Council Members should not support JWH under these circumstances. Ms. Jones stated that a representative of JWH said he has met with about 12 residents in the affected area regarding their concerns, but that the actual number of residents in the subject area is much higher. Ms. Jones stated that the residents of the affected area have not been given adequate notice of this proposed zoning amendment. Ms. Jones made reference to Sec. 1508 of the Smyrna Code, and stated that the proposed zoning amendment will adversely ... July 7. 2003 4 affect the current use of the property. Ms. Jones made reference to Sec. 1508 (6) ofthe Smyrna Code, which she stated pertains to whether there are existing or changing conditions which affect the use of property, as it relates to whether adding three townhomes at the subject location would be feasible or warranted. Ms. Jones stated that nothing has changed in the subject area. Ms. Jones stated that, at the time she purchased her residence, JWH represented the area of her residence as a premium location because of the nearby greenspace. Ms. Jones made reference to a portion of Sec. 1508 of the Smyrna Code which she stated pertains to whether the development of the property will be a detriment to the aesthetics of the general neighborhood, and provided several reasons why she believes that construction of additional units will negatively impact the aesthetics of the subject area. Ms. Jones stated that only JWH would benefit from the construction of the additional units. Council Member Scoggins asked Ms. Jones if it is correct that the proposed zoning amendment has never been discussed with her, and that she has never expressed approval of the proposed zoning amendment, and Ms. Jones answered in the affirmative. Council Member Scoggins asked Ms. Jones if it is correct that she was never aware of any HOA meetings held to discuss the proposed zoning amendment, and Ms. Jones answered in the affirmative. Mr. Story stated he is not certain if the HOA and AC can represent the homeowners in this type of situation. Mayor Bacon recognized Ms. Kim Carpenter, who stated she is the chairperson of the Advisory Committee (Ae). Ms. Carpenter stated the AC does not have control of the board of directors, and does not have control of the subject property. Ms. Carpenter stated the members of the AC are elected by the homeowners, and serve in an advisory capacity. Ms. Carpenter stated the members of the AC discussed the proposed zoning amendment, and discussed various options with JWH representatives. Ms. Carpenter stated that meetings were held in May and June, and that the concerns of the AC were conveyed to JWH representatives. Ms. Carpenter stated that homeowners were apprised of upcoming meetings by signs posted and letters which were distributed. Council Member Pritchett asked Ms. Carpenter how many people attended the homeowners meeting, and Ms. Carpenter stated about 22 people attended. Council Member Scoggins asked Ms. Carpenter if she is satisfied that the residents knew that this zoning amendment was under consideration, and Ms. Carpenter reiterated the steps that were taken to notify residents of the proposed zoning amendment. Mayor Bacon recognized Ms. Sherri Leonard, residing at 535 Vinings Estates Drive, who expressed opposition to the proposed zoning amendment. Ms. Leonard stated that the residents have not been adequately informed regarding the proposed zoning amendment, and that the flyer which included advertising for a pool party was not an effective way of notifying the residents about this proposal. Mayor Bacon asked Ms. Leonard who prepared and distributed the flyer, and Ms. Leonard stated she believes it was the members of the AC, or possibly Kim Carpenter. Ms. Carpenter stated the members of the AC distributed the flyer at the request of homeowners. Mayor Bacon asked if the subject property was posted with a sign advertising the proposed zoning amendment, and Ms. Carpenter answered in the affirmative. Mr. Story stated the sign was placed near a construction trailer which many residents do not drive by often. Ms. Jones asked if JWH has ever posted a notice about a rezoning, amendment or variance on the back of a pool party flyer. Ms. Jones asked why information about the proposed zoning amendment was not printed in the community newsletter. Mayor Bacon stated the subject property was posted legally in accordance with what is required of the property owner. Mayor Bacon stated he wanted those present to understand that it was not a representative of the City who put any notices on a pool party flyer. Mr. Auer stated the courtyard area in the subject location will not be disturbed. Ms. Jones stated she has not seen any actual plans for the proposed zoning amendment. ~ - - July 7. 2003 5 - Council Member Wood stated there seems to be some question as to whether or not adequate notice was given to residents concerning the proposed zoning amendment. Council Member Wood expressed appreciation to everyone for their comments regarding the proposed zoning amendment. MOTION: Council Member Wood made a motion to table Zoning Amendment Z03-011 for additional townhouse units at Vinings Estates Subdivision for John Wieland Homes and Neighborhoods until the July 21,2003 council meeting. Mayor Bacon asked Council Member Wood if the measure is being tabled in order to give the residents an opportunity to obtain information on the proposed zoning amendment, and Council Member Wood answered in the affirmative. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. (C) Variance Request V03-018 - Elimination of Required Sidewalk Connection - 4474 South Cobb Drive - Smyrna World of Beverages Mr. Wright stated the City ordinance requires internal sidewalks and crosswalks to provide connectivity to sidewalks abutting the right-of-way. Mr. Wright stated the variance request was tabled from the last meeting in order to give the applicant time to plan an alternative connection between the subject property and South Cobb Drive. Mr. Wright stated that inquiry by City staff has determined that construction of a sidewalk at the subject location which complies with ADA guidelines is not practicable, and that staff has changed its recommendation in favor of the proposed variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. .... Mayor Bacon recognized Mr. Ken Bellflower, a civil engineer representing the applicant. Council Member Lnenicka asked Mr. Bellflower to explain the need for the requested variance to those present. Mr. Bellflower stated the area the sidewalk would have to be constructed upon is on a very steep acclivity, and that any walkway built there could be a liability to the City and the property owner. Council Member Lnenicka stated that any sidewalk built in the City should be compliant with ADA guidelines. Council Member Lnenicka stated that the City Engineer and Community Development Director have examined the subject location, and concluded that they could find no reasonable way to build a sidewalk connection at the subject location that is ADA compliant. MOTION: Council Member Lnenicka made a motion to approve Variance Request V03-018 for elimination of required sidewalk connection at 4474 South Cobb Drive for Smyrna World of Beverages. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (D) Zoning Code Amendment - Section 602, Appendix A, Zoning Map Mr. Wright stated the Zoning Code references the official map of the City of Smyrna, and that the one on record at this point is dated March 1, 1974. Mr. Wright stated that many changes have been made to the zoning map since that time, and that staff recommends amending the code to correctly reference the current zoning map which was last updated on December 31, 2002. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Newcomb asked Council Member Lnenicka if staff has in place any type of projected future land use plans. Council Member Lnenicka stated the City does have afuture land use map, and that the City is trying to coordinate future planning with Cobb County. July 7.2003 6 MOTION: Council Member Lnenicka made a motion to approve the official Zoning Map of the City as presented, dated December 31, 2002. The motion was seconded by Council Member Wood. Motion was approved 6 - O. - (E) Zoning Code Amendment - Section 717.173 b - Approved Colors for Overlay District Council Member Lnenicka stated that there have been requests from businesses for shades of blue and red to be added to the muted earth tones currently approved by the City. Council Member Lnenicka stated the City's officials are sympathetic to the addition of other colors, but that there is some debate as to which colors may be used for accent or trim, and which are suitable for large areas, such as entire walls and roofs. Council Member Lnenicka stated that staff has recommended that this measure be tabled in order to study this proposal further. MOTION: Council Member Lnenicka made a motion to table the zoning code amendment for Section 717.173 b for approved colors for Overlay District until the August 18, 2003 Council meeting. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (F) Variance Request V03-020 - Use of Roof Color Not Approved for Overlay District Color Standards - 2415 South Cobb Drive - Dirt Cheep Music MOTION: Council Member Lnenicka made a motion to table Variance Request V03-020 for use of roof color not approved for Overlay District color standards for 2415 South Cobb Drive for Dirt Cheep Music until the July 21, 2003 meeting. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (G) Variance Request V03-019 - Additional Accessory Structure - 460 Highview Drive- F. M. Campbell - Mr. Wright stated that the Smyrna Zoning Code limits the total number of accessory structures to one per single-family lot. Mr. Wright stated that currently the lot contains one single-family residence and one-free standing accessory structure which is a carport. Mr. Wright stated that, according to the applicant, the variance is necessary to provide an 8' x 10' potting shed. Mr. Wright stated that staff recommends approval of the variance provided the proposed potting shed is removed if the applicant sells or otherwise transfers the property. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood asked Mr. Campbell to explain the need for the requested variance to those present. Mr. Campbell stated that he wants an additional structure to use as a potting shed and for storage of yard tools. Mr. Campbell stated the structure will measure approximately 8' x 10', and will be built of wood with an aluminum roof and a brick floor. MOTION: Council Member Wood made a motion to approve Variance Request V03-019 for an additional accessory structure at 460 Highview Drive for F. M. Campbell, with the condition that the proposed structure is removed if the applicant sells or otherwise transfers the property. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. - July 7, 2003 7 FORMAL BUSINESS: (A) Validation of Application for Annexation - Land Lot 684, Parcels 9, 11, 12, 13 and 24- 5.58 Acre Tract - Oakdale Road and Mitchell Drive - Allgood 75 Ind. Props., Inc. ... Mr. Wright stated the City Engineer has reviewed the submitted legal description and has found no issues. Mr. Wright stated the Community Development staff has advised that no rezoning request is anticipated to accompany the annexation. The legal description of the subject property is as follows: All that certain property situated and being in Land Lots 56 and 684 of the 17th District and 2nd Section of Cobb County, Georgia, being Parcels 9, 11, 12, 13, and 24 in Land Lot 684, and more particularly described as follows: BEGINNING at the common intersection ofthe eastern right-of-way of Oakdale Road with the southern right-of-way of Mitchell Drive; thence easterly along said right-of-way of Mitchell Drive a distance of 434.8 feet to a point; thence northeasterly a distance of 30 feet to a point, said point being the POINT OF BEGINNING; thence southeasterly a distance of 200 feet to a point; thence southwesterly a distance of 420 feet to a point; thence southeasterly a distance of 262 feet to a point; thence southerly a distance of21O feet to a point; thence northwesterly a distance of 474 feet to a point; thence northerly a distance of210 feet to a point; thence northeasterly a distance of 370 feet to the POINT OF BEGINNING; .... Also, BEGINNING at the intersection of the southeastern right-of-way of Oakdale Road with the common lot line of Land Lots 56 and 684, said point being the POINT OF BEGINNING; thence easterly along said lot line a distance of 21 0 feet to a point; thence northeasterly a distance of 21 0 feet to a point; thence northwesterly a distance of210 feet to a point on the southeastern right-of- way of Oakdale Road; thence southwesterly along said right-of-way of Oakdale Road a distance of 300 feet to the POINT OF BEGINNING. MOTION: Council Member Wood made a motion to approve validation of application for annexation for Land Lot 684, Parcels 9, 11, 12, 13 and 24 for a 5.58 acre tract for Allgood 75 Ind. Props., Inc., with a public hearing date set for August 4, 2003. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of the June 16,2003 Minutes (B) Award of Bid # 3-030 for Contractor Unit Pricing for Concrete Work Four vendors were solicited for bids to supply unit pricing on concrete finish work. Two vendors responded with bids, Timmy Horton and Florence Concrete. Considering the overall bid, Timmy Horton has the lowest bid quote. Public Works staff and Purchasing have reviewed the bids and recommend bid award to Timmy Horton. .... July 7, 2003 (C) 8 Approval of the FY2004 Road Improvement Budget The City Engineer has compiled this list. Changes from the previous version submitted include an estimated $33,479 in LARP funding, and the addition of Austin Drive and Windy Hill Place on the resurfacing list. These two streets are on the state approved LARP list. The total amount of uncommitted funds remaining in the One Percent Road Improvement account at the beginning of the current fiscal year is estimated at $544,530. Street Resurfacing Street Name Austin Drive Com Road Hickory Place Lake Ridge Drive North Mathews Street Northview Place Parkland Court Parkland Place Parkland Run Technology Court Ward Street Watkins Road Windy Hill Court Windy Hill Place - Rating 3.0 3.5 3.5 3.5 3.5 3.5 3.0 3.5 3.0 3.5 3.5 3.5 3.0 3.0 1 Excellent 2 Good 3 Fair 4 Poor Culvert Replacement - Lake Park Drive - Curb & Gutter Ashwood Drive Concord Road (Bentley Park to Mosswood Ln) Elmwood Drive Hayes Drive Nowlin Drive Wells Circle Atlanta Road at W. Spring Street upgrades Sidewalk Atlanta Rd. from Belmont Hills to Fleming St TOTAL: $525,735 ($544,530 remaining uncommitted funds in One Percent Road Improvement Account) The City Engineer recommends approval of this list. - July 7.2003 9 (D) Award ofRFP for CDBG Purchase of Playground Equipment for Chuck Camp Park Five requests for proposals (RFP) were received after the community development block grant (CDBG) mandated three weeks of public advertisement. Four of five RFP's met the minimum requirements outlined. Dominica Recreation, representing GameTime Playground Equipment, demonstrated the best product for the site. RFP's were graded on a point system which included play value, aesthetics, durability, warranty, product liability, reference evaluation, and installation. A $40,000 cost ceiling was made known to bidders. Dominica's RFP had the highest overall score. GameTime equipment and service has a very good reputation. Smyrna has used GameTime in its parks previously with satisfactory results. Award of this playground equipment RFP to Dominica Recreation is recommended. - MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Hawkins. Motion was approved 5 - 1, with Council Member Lnenicka in opposition. 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 stated that the pay increase approved for the next term of office for the council members is $75 per month, and that percentages can be misleading. Council Member Hawkins stated that the annual pay increase for council members will be $980. Council Member Hawkins stated that the average annual salary of a City employee is about $35,000, and that 3% of this amount is $1,080, and that this is higher dollar amount of pay increase. Council Member Lnenicka stated he supports Council Member Hawkins' comments. Council Member Lnenicka stated that percentages and statistics are only one aspect to be considered, and that they alone cannot give a complete representation of a situation. Council Member Lnenicka commended the City's elected officials for their honesty and integrity. Council Member Lnenicka stated he does not own any real estate in the downtown area, and that he has no vested financial interest in this area. Council Member Lnenicka stated that efforts have been made by the City's elected officials to improve the pay and benefits of City employees, and that progress has been made in this area. Council Member Lnenicka stated that the pay increase for elected officials approved at this meeting does not apply to the current elected body, and will not be in effect until next year. Council Member Lnenicka stated that on June 29, the Campbellwood subdivision held its first block party, and expressed appreciation to those persons whose efforts made this event a success. Council Member Lnenicka stated that commemorative pavers are still available for the Veterans Memorial. Council Member Wood yielded the floor with no report. - Mr. Miller reminded those present that the American Red Cross will be at the Smyrna Community Center on July 21 for the purpose of taking blood donations. July 7. 2003 CITIZENS INPUT: There were no additional citizen comments. ADJOURNMENT: With no further business, the meeting was adjourned at 8:55 p.rn. .-.J ~~D.'fI~ S SAN D. HIOTT, CITY CLERK " .' } . "(.JI / /' l~ 1/--' ii . \',.iL..'c /', " 11/" l ","' ,/ -~., \ T ~ ~' , II " J . ; / '_',' _" .,' ..', ,,- ~ ,.I tCHETT, WARD 1 RON NEWCOMB, WARD 2 Jh v g4~~ BILL SCOGGIN ARD 3 ~~ CHARLES PETE WOOD, WARD 7 .. d/ JAMES M. HAWKINS, WARD 4 tJ~t2 WADE S. LNENICKA, WARD 6 10 ..... --- - - ORDINANCE 2003-18 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CHARTER OF THE CITY OF SMYRNA, GEORGIA BE AMENDED BY REVISING SECTION 6(b) TO REFLECT SALARY CHANGES FOR CITY ELECTED OFFICIALS Be it ordained by the Mayor and Council of the City of Smyrna, Georgia: That the Charter of the City of Smyrna, Georgia be amended by revising Section 6 (b) to read as follows: "Sec. 6 (b) Salaries of mayor and councilmen; salaries of other city officials and employees. Effective January 5, 2004, the mayor of the City of Smyrna shall be paid a salary of one thousand four hundred ($1400) per month, and each councilman of the said city shall be paid a salary of one thousand fifty ($1050) per month. Thereafter, the salaries of the Mayor shall be increased by one hundred dollars ($100) and seven (7) councilmen seventy-five dollars ($75) per month each year, effective the first Monday of January each year through the term of office ending December 31, 2007. The compensation of all other officials and employees of the City of Smyrna, except as otherwise provided by law, shall be determined by the mayor and council of the City of Smyrna." - All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date ofthis ordinance. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. - ORDINANCE 2003-18 - Approved by Mayor and Council this 7th day of July, 2003. Attest: ~~(fOAY(_}tJ Yh-~- Susan D. Hiott, City Clerk City of Smyrna Approved as to form: scl~~AttomeY City of Smyrna - - 2 A. Max Bacon, Mayor - ORDINANCE No. 2003- 22 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A - ZONING, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTION 602 OF SAID CODE, PROVIDING THAT THE CURRENT OFFICIAL ZONING MAP OF THE CITY OF SMYRNA, GEORGIA BE FORMALLY ADOPTED BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Section 602 of the Code of Ordinances, Appendix A - Zoning, of the City of Smyrna, Georgia, be amended so that such section shall read as follows: "The boundaries of the aforementioned districts are hereby established as shown on a map entitled "Official Zoning Map, City of Smyrna, Georgia" dated December 31, 2002 and certified by the city clerk. Said map and all explanatory matter depicted thereon is hereby made a part of this ordinance and shall be on file in the office of the city clerk." - All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. - ORDINANCE No. 2003- 22 ... Approved by Mayor and Council this 7th day of July, 2003. Attest: A. Max Bacon, Mayor -~ ~ ( , , .' / ..' ,.1..', c- ._ ~ v{;.~ I v [,. y/.t& ., Susan D. Hiott, City Clerk City of Smyrna - Approved as to form: L~~ Scott A. Cochran, City Attorney City of Smyrna - 2 June 16.2003 ... 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, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Pastor Greg Wilson from Smyrna Assembly of God, followed by the pledge to the flag. AGENDA CHANGES: MOTION: *Council Member Lnenicka made a motion to suspend the rules to add items 6B, 8J and 8K to the agenda, and the motion was seconded by Council Member Wood. Motion was approved 6 - 0 (Council Member Cramer was not present atthe time ofthe vote). - MOTION: Council Member Lnenicka made a motion to add item #6B (Appointment of Members to the Smyrna Revitalization Task Force) to the formal business section of the agenda, and item #8J (Approval of Closure of One Side ofCreat Trail on Sunday, June 29, 2003 from 4:00 p.m. until 9:00 p.m. for the Campbellwood and Creat Forest Block Party) and item #8K (Award of Bid for Repairs to Roof at Fire Station 2) to the consent agenda. The motion was seconded by Council Member Hawkins. Motion was approved 6 - 0 (Council Member Cramer was not present at the time of the vote). Mayor Bacon stated that agenda item SF, Variance Request V03-018 - Elimination of Required Sidewalk Connection - 4474 South Cobb Drive - Smyrna World of Beverages, will be tabled until a subsequent meeting. CITIZENS INPUT: Mayor Bacon recognized Mrs. Karleen McNabb, residing at 750 Austin Drive, who introduced Mr. Michael McNabb to those present. Mr. McNabb announced his candidacy for the Ward 4 council post in the upcoming City election to those present. Mr. McNabb provided details of his background to those present. Mayor Bacon recognized Mr. Floyd Millis, who provided details about an article he had recently read in the Marietta Daily Journal to those present. MA YOR'S REPORT: Mayor Bacon had nothing to report. - June 16.2003 2 PUBLIC HEARINGS: (A) Approval of Extension of Apartment Moratorium until January 5, 2004 - Mr. Wright stated the City has had a moratorium prohibiting the approval of new apartment developments for a number of years based on an apartment density study conducted by John Moeller in 1994. Mr. Wright stated the moratorium will soon expire and must be reauthorized by the city council for an additional six months. Mr. Wright stated the City's current mix of owner- occupied and renter-occupied housing is evenly divided, and that the apartment density study recommends a distribution of 40% multi-family and 60% single-family housing. Mr. Wright stated that staff recommends that the moratorium remain in place for at least six additional months. Council Member Lnenicka stated the City's current ratio of owner-occupied housing to renter- occupied housing is an improvement over the statistics which existed several years ago, but the City's goals for the desired balance between rental units and owner-occupied housing has still not been reached. Council Member Lnenicka stated a desirable balance between rental units and owner-occupied housing can add stability to the City's communities and schools, and alleviate problems relating to infrastructure and traffic congestion. Council Member Lnenicka pointed out that the moratorium prohibits development of new multi-family housing, but existing apartment complexes are allowed to continue to operate. Council Member Lnenicka stated he believes the Council has acted appropriately by imposing this moratorium, and that restricting the supply of new apartments has encouraged property managers to maintain and improve existing complexes which might otherwise have declined. Council Member Lnenicka stated it is anticipated that the moratorium will need to remain in place for the foreseeable future in order to achieve the City's goals for a desirable balance between rental units and owner-occupied housing, and that the need for maintaining the moratorium will continue to be evaluated periodically. - MOTION: Council Member Lnenicka made a motion to approve extension of the Apartment Moratorium until January 5, 2004 in order to achieve the City's goals for a desirable balance between rental units and owner-occupied housing. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (B) Charter Amendment - Section 6(b) - Salary Increase for Mayor and Council Members Mr. Wright stated this charter amendment will increase the salaries of the mayor and council members taking office for the next term of office to $1400 and $1050 per month, respectively, and will provide for increases each year thereafter by $100 per month for mayor, and $75 per month for the seven council members. Mayor Bacon stated agenda item #5A, Approval of Extension of Apartment Moratorium until January 5, 2004, is a public hearing matter and asked for public comment. There was none. Council Member Wood stated this is the first reading of the charter amendment which was also advertised in the Marietta Daily Journal, and filed with the Clerk of Superior Court. Council Member Wood stated that under Georgia law, a mayor and council cannot approve a salary increase for themselves during their current term. Council Member Wood stated it is permissible to approve a salary increase for the next succeeding mayor and council, and that the proposed - June 16. 2003 3 charter amendment is needed to accomplish this. Council Member Wood stated this is the first reading of the proposed charter amendment, and that there will be another reading and vote on this matter at the next Council meeting. - Motion: Council Member Wood made a motion to approve the first reading ofthe charter amendment for Section 6(b) - Salary Increase for Mayor and Council Members. The motion was seconded by Council Member Hawkins. ... Mayor Bacon stated this is a public hearing and asked for public comment. Mayor Bacon recognized Ms. Sue Brissey, who asked if there has been difficulty recently in providing pay increases to City employees. Mayor Bacon stated that $675,000 has been budgeted for employee raises this year. Ms. Brissey asked what percentage of increase this represents, and Council Member Hawkins stated this is about 3% overall. Ms. Brissey asked what percentage of salary increase will be realized by the council if the charter amendment is passed, and Council Member Hawkins stated that council members will receive a pay increase of$75 per month if the provision is approved. Ms. Brissey expressed concern about the City's public safety personnel, who she believes have been under a lot of strain since the September 11 incident. Ms. Brissey stated the Mayor and Council Members are not protecting her safety, and she would like to see other employees receive a pay raise. Council Member Cramer stated he is a law enforcement officer for Fulton County, and that he expects a pay raise this year of only 2%. Council Member Pritchett asked what the median salary is for a firefighter. Mayor Bacon stated that efforts have been made to improve the salaries of City employees, and that the pay for the City's public safety personnel is now very competitive. Council Member Wood stated that the City has increased contributions to the pension plan, and that the City's portion of the Social Security contribution increases with an employee's salary raise. Council Member Hawkins stated a salary increase of 4% is possible for employees with outstanding job performance, but that the average is 3%. Motion was approved 7 - O. (C) Public Hearing for Adoption of the 2004 Fiscal Year Budget Mr. Wright stated the proposed budget of$43,385,082 has been advertised and made available to the public for inspection. Mr. Wright stated the budget is scheduled for approval at the present meeting, and that the proposed budget is for Fiscal Year 2004 which begins July 1 of this year. Council Member Wood stated the budget includes the general fund, revenue fund, and the water and sewer enterprise fund. Council Member Wood stated the combined total budget has increased by 2.59 percent. Council Member Wood provided other details about the proposed budget, and stated that property tax collections are down by 3.1 % from those of the previous year. Council Member Wood stated the homestead exemption will reduce property tax collections by an estimated $1,275,000. Council Member Wood stated that the only way a property tax increase can come about is if the city council increases the millage rate. Council Member Wood stated that, under the new law, every time property is reassessed at a higher value, the homestead exemption will be increased by a corresponding amount. Council Member Wood stated the proposed budget is based on a tentative millage rate of9.75 mills, which is a reduction of 1/10 of one mill. - Mayor Bacon stated this is a public hearing and asked for public comment. An unidentified person stated that some houses were reassessed last May, and asked if taxes will be rolled back to the previous January's level. Mayor Bacon stated that, under the current provisions, a home- owner's property assessment will revert to the 2001 level. June 16. 2003 4 MOTION: Council Member Wood made a motion to approve the 2004 Fiscal Year Budget to become effective July 1,2003. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. - (D) Zoning Amendment Z03-01l - Additional Townhouse Units - Vinings Estates Subdivision - John Wieland Homes and Neighborhoods Mr. Wright stated the applicant is proposing to add one building with three townhouse units to the Vinings Estates subdivision. Mr. Wright stated the overall site plan for Vinings Estates was recently amended in January at an overall density of 1.29 units per acre, and the addition of the three townhouse units would increase the overall density slightly from 1.29 to 1.30 units per acre. Mr. Wright stated staff recommends approval of the proposed rezoning. 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 Wood recognized Mr. Scott Auer, representing John Wieland Homes and Neighborhoods (JWH), and asked Mr. Auer to explain the need for the requested zoning amendment to those present. Mr. Auer stated that a pool and cabana had been scheduled for construction at the subject location, but it was subsequently determined to build these appurtenances at another location believed to be more advantageous for these types of amenities. Mr. Auer stated that some additional landscaping, a nature trail and other features will be added. Mr. Auer stated that a zoning amendment to allow the addition of three townhomes is being requested in order to provide a consistent finish to the other homes in the subject area. Council Member Wood asked Mr. Auer ifthe proposed zoning amendment has been discussed with the members of the homeowners association of the Ridge at Vinings Estates (HOA), and Mr. Auer stated the matter has been discussed with the HOA members and that they have provided their consent in writing. Mayor Bacon recognized Mr. Tom Guess, residing at 512 Vinings Estates Drive, who stated he purchased his end unit with the understanding that the existing greenspace and parking nearby would remain undeveloped. Mayor Bacon asked Mr. Guess ifhe has discussed his concerns with the management of JWH, and Mr. Guess answered in the affirmative. Mr. Guess stated he put a stipulation in the sales contract with JWH for his unit indicating that there were no future plans for building additional units in close proximity to his residence, but that JWH changed the stipulation seven days before closing. Council Member Hawkins asked Mr. Guess if he was aware of this change at the time of the closing on the property, and Mr. Guess answered in the affirmative. Mayor Bacon recognized Mr. John Troelman, a resident of the Ridge at Vinings Estates, who stated he lives across the street from the greenspace which is now earmarked for development. Mr. Troelman stated that when he purchased his home, he believed the greenspace nearby would remain undisturbed. Mr. Troelman stated he had no knowledge of the proposed zoning amendment until the subject property was posted with signs advertising the public hearing. Mr. Troelman stated the proposed addition will also eliminate some extra parking spaces in the area. Mr. Troelman asked if a zoning amendment was required for relocating the site of the pool, and Mr. Miller stated a master amendment to the zoning was approved in January which resulted in some shifting of amenities throughout the subdivision. Mayor Bacon asked Mr. Miller if the proposed units will be comparable to existing ones at the subject location, and Mr. Miller answered in the affirmative. Mr. Troelman asked what the maximum allowable density for a townhome development is, and Mr. Miller stated there is no maximum density threshold in this case because it is a master plan subdivision. Mr. Troelman expressed the view that the record - - 5 June 16.2003 - should reflect what he considers to be the fact that the builder was consulted in this matter, but not the homeowners. Mayor Bacon recognized Ms. Ruth Stokinger, residing at 520 Vinings Estates Drive, who stated she and her husband chose their home because of the greenspace and additional parking near the unit. Ms. Stockinger stated she had spoken with HOA representative Kim Carpenter about this matter, and that Ms. Carpenter had indicated she would recontact her (Ms. Stockinger) with more information. Ms. Stockinger stated she has not heard from Ms. Carpenter since the last time she spoke with her. Council Member Scoggins asked ifthe master plan shows the subject property as designated greenspace, and Mr. MiIIer stated it is shown as vacant space, but not as designated greenspace. Council Member Pritchett asked ifthe complex has been turned over to the HOA yet, and Ms. Stockinger stated she is not certain. Council Member Pritchett stated that as long as someone owns property, they can do whatever they wish to do with the property. Ms. Stockinger expressed the view that JWH should have provided some indication to prospective purchasers that the vacant space near her residence was available for construction of additional units. Council Member Pritchett asked how many housing units are in the subdivision, and Mr. MiIIer stated the development was approved for 924 units last January. Council Member Hawkins asked what the density of the subdivision is, and Mr. MilIer stated it is low density, which is a land use which allows up to 3 units per acre. Mr. Auer stated Mr. Guess was advised in advance of closing about the proposed additional units, and that JWH acted properly in this instance. Mr. Auer stated the additional parking referred to by the present residents was not part of the original plan, and that there are about 20 acres of open space surrounding the Ridge area. Council Member Hawkins asked if it is correct that Ms. Carpenter had no power to make objections at the time she met with JWH, and that the meeting was primarily for information purposes, and Mr. Auer answered in the affirmative. Mayor Bacon asked Mr. Auer when the decision was made to build the three additional units, and Mr. Auer stated it was probably in early Mayor late April. MOTION: Council Member Wood made a motion to table Zoning Amendment Z03-011 for additional townhouse units at Vinings Estates Subdivision for John Wieland Homes and Neighborhoods until the July 7, 2003 council meeting in order to discuss the matter further with the residents, HOA and JWH. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (E) Variance Request - Outdoor Construction on Sunday - Bates Street Development - Cobb County Habitat for Humanity ... Mr. Wright stated that the City Code prohibits outside construction work on Sundays. Mr. Wright stated the applicant is requesting permission to perform some outside construction activities on July 27 and September 14. Mr. Wright stated that staff supports the request. 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 a variance request for outdoor construction on Sunday, July 27 and Sunday, September 14 from 2:00 p.m. until 6:00 p.m. at the Bates Street Development for Cobb County Habitat for Humanity. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. ... June 16.2003 6 (F) Variance Request V03-0 18 - Elimination of Required Sidewalk Connection - 4474 South Cobb Drive - Smyrna World of Beverages Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Lnenicka stated the sidewalk ordinance requires new businesses to connect to street sidewalks with walkways of their own. Council Member Lnenicka stated another business has filed plans to build near the subject location, and that it may be a good idea for the two entities to collaborate on construction of the connecting sidewalk for a number of reasons. Council Member Lnenicka stated he has discussed this with the applicant, and that the applicant has agreed to wait until other alternatives are examined before action is taken on this request. MOTION: Council Member Lnenicka made a motion to table Variance Request V03-018 for elimination of required sidewalk connection at 4474 South Cobb Drive for Smyrna World of Beverages to the July 7, 2003 Council meeting. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. FORMAL BUSINESS: (A) Approval of Dates for Candidates to Qualify for the General Election for Offices of Mayor and Council Mr. Wright stated that the State election code establishes the week within which qualification for city offices must take place, and that the exact qualification days during the designated week are left to be determined by the local authority. Mr. Wright stated it is proposed to set the qualifying dates for the upcoming City election to begin Monday, September 8, 2003 and ending Wednesday, September 10,2003, between the hours of8:30 a.m. to 12:30 p.m., and 1 :30 p.m. to 4:30 p.m. - Council Member Wood stated that at the April 7, 2004 Council meeting, Mayor and Council approved a plan for the Cobb County Board of Elections and Registration to conduct the City of Smyrna election, and that qualifying will take place at the Cobb County Board of Elections and Registration Office, 47 Waddell Street, Marietta, Georgia. Council Member Wood stated that at the January 21, 2003 Council meeting, Mayor and Council set qualifying fees at $441 for the office of mayor and $333 for the office of council member. MOTION: Council Member Wood made a motion to approve the qualifying dates for the upcoming November 4, 2003 General Election for offices of mayor and council members at Cobb County Board of Elections and Registration Office, 47 Waddell Street, Marietta, Georgia, beginning Monday, September 8, 2003 and ending Wednesday, September 10,2003, between the hours of 8:30 a.m. to 12:30 p.m., and 1 :30 p.m. to 4:30 p.m. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. *(B) Appointment of Members to the Smyrna Revitalization Task Force MOTION: Council Member Lnenicka made a motion to appoint Terry Koza, a Ward 6 resident, and Lynn Seabolt and Jay Wallace, Ward 5 residents, to the Smyrna Revitalization Task Force to be effective immediately. The motion was seconded by Council Member Wood. Motion was approved 7 - O. -- June 16.2003 7 COMMERCIAL BUILDING PERMITS: - (A) 2750 Cobb Parkway - 81,554 s.f. Building - Nalley Lexus MOTION: Council Member Pritchett made a motion to approve a commercial building permit for Nalley Lexus, 2750 Cobb Parkway, for an 81,554 s.f. building to be constructed at the old Service Merchandise location with an estimated cost of $6,000,000. Motion was seconded by Council Member Newcomb. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of June 2, 2003 Minutes (B) Award Professional Services Contract for Design, Bid/Award and Construction Phase Services to the Firm of A Itamira Design and Common Sense, Inc. This is a community development block grant (CDBG) proposed expense for completion of Chuck Camp Park. (C) Approval of Electrical Service Change Order for Chuck Camp Park The Cobb CDBG office has indicated this change order may serve as a contract extension for M & D Electrical, and that moving ahead with this expenditure in advance of the final phase award is permissible without re-bidding the work. (D) Approval of Request to Use R & E Funds for Contract Unit Pricing for Sewer Main Extension The Public Works Department requests to extend the sewer main on North Cooper Lake Drive from Reed Road 225 l.f. northward. There are two residences in this area for which requests have been made for sewer service. - (E) Bid Award # 3-025 for Repairs ofa Storm Drain Pipe on Lake Park Drive This repair is scheduled in the FY 2004 budget, but due to its deteriorating condition, the bid process was initiated during FY2003. Six options for repair were given to all vendors; prices were submitted as follows: K.M. Davis Contracting Doublel0'x8'x144' precast box culvert (open cut) Triple 96" RCP III 144' (open cut) Triple 96" Slip line and grout (corrugated metal) Other method $289,890.00 $259,200.00 $225,000.00 $98,795.00 Southeast Pipe Survey Triple 96" slip line and Grout (fiberglass lining) $332,170.00 Sunbelt Structures Double lO'x8'x144' precast box culvert (open cut) Triple 96" slip line and Grout (coated steel) $464,779.00 $297,500.00 Public works recommends bid award to Southeast Pipe Survey in the amount of $332,170.00 because the product type (fiberglass lining) will be the most durable for the long term and the method of construction will not be disruptive to traffic. - June 16. 2003 8 (F) Approval of Revised Smyrna Municipal Court Bond Schedule / Fine Table The bond schedule / fine table currently in use by the Court needs several revisions to be in compliance with State standards for minimum required and maximum allowable fines. The way that State required surcharges are added to Court fines also needs revision on the schedule. - (G) Approval of Contract for Cobb County Board of Elections & Registration to Conduct City of Smyrna Elections on November 4, 2003 On April 7, 2003, Mayor and Council approved to change the 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. Because ofthe changes the State has made in the method of voting, touch screen voting equipment should be used for City elections. Vote recorders using punch cards are no longer legal. City Clerk Susan Hiott and previous superintendent of elections Linda Smith conducted research on the methods of voting equipment, and Mayor and Council considered all research and quotes, and agreed that Cobb County Board of Elections and Registration should conduct the upcoming elections using the touch screen voting equipment. City agrees to pay the County for the service of its Board of Elections and Registration all actual costs incurred in conducting said election. Estimated cost for the election is $25,333 and potential run-off costs are undetermined at this time. (H) Bid Award # 3-026 for the Replacement of One Air Handler at the Police Station Public Works budgeted the replacement and upgrade of one air handler at the police station on the roof of the jail side of the building. Due to the unavailability of parts for the existing unit, and the number of failures to the equipment, replacement is necessary. - The following bids were received: Air Cond Capitol City J.R. Nichols $49,990.00 $51,217.00 $46,873.30 Public Works Staff recommends bid award to the lowest bidder J.R. Nichols Co. for $46,873.30 (I) Bid Award # 3-029 for Additional Separate Air Conditioning at the Community Center Public Works budgeted additional air conditioning for the Community Center meeting rooms 1,2, and 3. Current design does not cool the rooms adequately when separate uses are intended in each room. This bid work will allow separate controlled cooling for each room when necessary. The following bids were submitted: Air Cond Capitol City J.R. Nichols Co. $24,860.00 $23,239.00 $18,552.00 Public Works has reviewed all the bids and recommends bid award to the lowest bidder J .R. Nichols Co. for $18,552.00. - June 16.2003 9 - *(1) Approval of Closure of One Side ofCreat Trail on Sunday, June 29, 2003 from 4:00 p.m. until 9:00 p.m. for the Campbellwood and Creat Forest Block Party *(K) A ward of Bid #3-027 for Repairs to Roof at Fire Station 2 The roof at station 2 is leaking and doing damage to the recently remodeled interior ofthe building. After consulting with City staff and others, it was determined that the best long-range solution putting a pitch roof on the building. The current year budget was examined and sufficient funds are available in numerous expenditure codes. Bids were requested and received on June 11, 2003 with the following results: Carman Homes: $ 43,414.00 Atlanta Roofing: $ 43,850.00 The purchasing department and fire department recommend awarding the bid to low bidder Carman Homes for $ 43,414.00. MOTION: Council Member Wood made a motion to approve the consent agenda. Motion was seconded by Council Member Cramer. Motion was approved 7 - O. COMMITTEE REPORTS: - Council Member Wood recognized Ms. Edgar, who stated that a referendum was passed last November which will provide relief on ad valorem taxes related to reassessments. Ms. Edgar stated the City is required to provide application forms for this exemption. Ms. Edgar stated that property owners are required to complete and return this form to the City in order to be eligible for this exemption. Ms. Edgar stated these forms will be mailed out to citizens before the end of June, and that they should be returned by July 31. Council Member Pritchett asked Ms. Edgar if one of these forms will be sent to each address, and Ms. Edgar answered in the affirmative. Council Member Pritchett asked Ms. Edgar if Cobb County has passed a homestead exemption bill, and Ms. Edgar stated the County passed such a bill a year before the City did. Council Member Lnenicka recognized Mr. Chris Miller, who reported that the next meeting with the LCI (Livable Centers Initiative) Task Force is scheduled for June 25 in the Community Center. Mr. Miller provided details of current building permit statistics to those present. Council Member Lnenicka expressed appreciation to the residents of Argyle Estates who met with him and Council Member Pritchett on June 5 at City Hall. Council Member Lnenicka stated topics discussed at the meeting included the last reapportionment and how it will affect that community. Council Member Lnenicka stated this meeting's agenda items include approval of a street closure for a block party at the Campbellwood/Creatwood subdivision, and that this party will be on Sunday, June 29, 2003 from 5:00 p.m. until 8:30 p.m. Council Member Lnenicka stated he will be attending this gathering, and encouraged other residents to attend as well. - Council Member Lnenicka expressed appreciation to the Mayor and Council and the City staff for their efforts in crafting the new budget. Council Member Lnenicka pointed out this budget was calculated to reflect a millage rate reduction, and includes funding for hiring an economic development director. June 16.2003 10 Council Member Cramer recognized Mr. Stokes, who provided details of various projects currently being undertaken by the Public Works Department to those present. Mr. Stokes stated that there are plans to begin water upgrades to the Belmont Avenue area around the end of June. Mr. Stokes provided statistics of Public Works Department activities for the months of April and May to those present. Council Member Lnenicka asked Mr. Stokes about the status of the sewer line near Ridge Road and Vinings Glen, and Mr. Stokes stated the sewer line and most of the related work is complete. Council Member Lnenicka commended Mr. Stokes and the Public Works Department staff for promptly attending to a recent citizen request for assistance with an underground trash receptacle. Council Member Pritchett asked Mr. Stokes to direct his staff to check a water cover on Park Drive that does not appear to fit properly. - 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 Hawkins stated he received a telephone call from the office of Congressman John Lewis thanking the City for allowing him to use the Community Center for his recent town hall meeting. Ms. Hiott reminded those present that the qualifying dates for the upcoming City election will be September 8 through September 10 at Cobb County Board of Elections and Registration Office. Ms. Hiott stated that one reason it was decided to hold the election qualification at the Cobb County Board of Elections and Registration Office is because the County will be using new touch screen tabulation equipment for the November 4 election. Ms. Hiott stated that the boundaries of the Wards have changed as a result of the last reapportionment, and that a map illustrating the new Wards is available for inspection in the City Clerk's office. Ms. Hiott stated there are plans to mail out a smaller version of the new map in City water bills in the near future. Ms. Hiott stated that updated voter registration cards are expected to be available in August, and that these cards will indicate which ward the holder resides in. Ms. Hiott stated that persons wishing to be candidates for City posts must file certain requisite forms by June 30, 2003. Council Member Lnenicka asked Ms. Hiott if the new Ward map will be on the City's website, and Ms. Hiott answered in the affirmative. Ms. Hiott stated a copy of the new Ward map is also on display at the City Library. - Council Member Scoggins recognized Chief Williams, who provided current statistics regarding City fire department operations to those present. Chief Williams stated he has furnished the Mayor and Council Members with a new information sheet regarding warning sirens. Chief Williams stated there are plans in place to mail out copies of the final version of this information sheet regarding warning sirens in City water bills. Chief Williams stated that all warning siren sites are once again in service. Council Member Pritchett asked Chief Williams why the siren on Park Drive was activated today, and Chief Williams stated it was inadvertently activated while another siren was being tested. Council Member Scoggins recognized Chief Hook, who provided details of current City police operations to those present. Council Member Newcomb recognized Mr. Corey, who provided to those present details concerning positions for which the City is recruiting. Council Member Pritchett recognized Mr. Ciaccio, and complimented him for the courteous, professional manner in which the Parks and Recreation Department staff attended to their duties - June 16. 2003 11 ... at the City concert event last Saturday. Mr. Ciaccio provided details to those present regarding schedules for swimming lessons which will be available, and the registration procedure for these classes. Mr. Ciaccio provided details of the work at Chuck Camp Park which is to be included in the contract awarded to Altamira Design and Common Sense, Inc. at this meeting. Council Member Pritchett recognized Ms. Bennett, and commended Ms. Bennett for the successful City concert event last Saturday. Ms. Bennett provided details of another upcoming City concert event in July to those present. Ms. Bennett reported that regular television segments about City events and activities are planned for broadcast on TV 23. which is the Cobb County channel, and provided details concerning the scheduling of these broadcasts to those present. Ms. Bennett stated that this year's Jonquil City Jog event was very successful, with a 20% increase in registrations as well as an increase in sponsorships. Ms. Bennett stated she would like to invite the sponsors to a Council meeting in order to properly thank them for their support. Ms. Bennett stated that the payout of proceeds from this year's event was increased by $1,000, and that a total of $6,000 was paid to the Campbell High School Educational Foundation. 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 to those present. Mr. Seigler provided details of upcoming events at the City Library, including a children's science exhibit pertaining to space travel and exploration, a family reading program with guest performers, English-Spanish story sessions, and a Doughnuts with Dad reading program. Council Member Pritchett complimented Mr. Seigler on the variety of imaginative programs made available to citizens at the City Library, and Mr. Seigler stated that much of the Library's success is attributable to his creative staff. - Mr. Wright stated that this year's budget process was his first major budget experience at the City of Smyrna and, despite revenue losses, limited growth and other difficulties, the process has been successfully completed. Mr. Wright stated that credit for this timely and efficient handling of the budget process goes to various City staff members, including Ms. Edgar and Mr. Greg Van Antwerp of the Finance Department, as well as the City's management team and their staff. Mr. Wright stated that members of the City's management submitted frugal requests, made cuts and changes where needed, helped to craft a balanced budget and responded to the concerns of the Mayor and Council Members during the budget work sessions. Mr. Wright congratulated the City staff for doing an excellent job on the budget. CITIZENS INPUT: There were no additional citizen comments. ADJOURNMENT: With no further business, the meeting was adjourned at 9:04 p.m. - l/J/ v ., June 16.2003 /~ A. MAX BACON, MAYOR ~""~A"l) (;. V!Uiti . - SU AN D. HIOTT, CITY CLERK ~d' ~ c-;)..N JJ- CHETT, WARD 1 RON NEWCOMB, WARD 2 ~ JACK CRAMER, WARD 5 ~~ CHARLES PETE WOOD, WARD 7 12 - - ~ June 2. 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 Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Chris Miller, Finance Director Claudia Edgar and representatives of the press. Invocation was given by Reverend Tandra Jones from Shaw Temple A.M.E. Zion Church, followed by the pledge to the flag. AGENDA CHANGES: There were none. CITIZENS INPUT: There was none. MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Public Hearing Notice for the 2004 Fiscal Year Budget - Mayor Bacon stated this is the first public hearing on the budget. Mr. Miller stated this is a public notice which must be given to the citizens stating that the Fiscal Year (FY) 2004 proposed budget of $43,385,082 is available for review before its adoption. Mr. Miller stated this notice has been advertised two times, and that a public hearing on the budget is scheduled for June 16,2003. Council Member Wood stated the budget includes the general fund, revenue fund, and the water and sewer enterprise fund. Council Member Wood stated the combined total budget is $43,385,082, which is an overall increase of 2.57 percent. Council Member Wood stated the proposed budget is based on a tentative millage rate of9.75 mills, which is a reduction of 1/10 of one mill. Council Member Wood stated the homestead exemption will reduce property tax collections by an estimated $1,275,000. Council Member Wood stated the final millage rate will not be established until the property tax digest is received. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. FORMAL BUSINESS: (A) Approval of Resolution for Extending the Emergency 911 Surcharge Mr. Miller stated that on May 21, 2001, the Mayor and Council passed a resolution "Emergency Telephone Number 911" which stated the City would collect a $1.50 monthly fee for emergency - June 2. 2003 2 911 service. Mr. Miller stated this fee is needed to support the enhanced 9] 1 system. Mr. Miller stated the reaffirmation by resolution of the need to collect this fee is up for renewal. Council Member Scoggins read the resolution "Emergency Telephone Number 911" to those present. - MOTION: Council Member Scoggins made a motion to approve the "Emergency Telephone Number 911" resolution reaffirming the need for the City to continue to collect the $1 .50 monthly fee from telephone subscribers to support the City 91 ] emergency call system. Motion was seconded by Council Member Hawkins. Motion was approved 7 - o. (B) Approval of Renewal of Suntrust Corporate Resolution and Certificate of Incumbency for the Commercial Credit Card Account Mr. Miller stated the City corporate credit card agreement must be renewed on an annual basis. MOTION: Council Member Wood made a motion to approve renewal of the Suntrust Corporate Resolution and Certificate of Incumbency for the Commercial Credit Card Account. Motion was seconded by Council Member Hawkins. Motion was approved 7 - O. (C) Approval of Adoption of Current City Limits Map Mr. Miller stated the current City Limits Map needs to be adopted by the City, and that the map proposed for adoption includes all annexations which occurred before December 31, 2002. Mr. Miller stated the adoption of the City Limits Map is recommended by the City Attorney. MOTION: Council Member Lnenicka made a motion to approve adoption of the proposed City Limits Map. Motion was seconded by Council Member Wood. Motion was approved 7 _ O. - (D) Appointment of Member to the Downtown Development Authority Mr. Miller stated that Ms. Kim Gangemi, owner of Red Door Interiors, has agreed to serve on the Downtown Development Authority (DDA). Council Member Lnenicka stated there is a vacancy on the DDA, and that the City is fortunate to have one of its talented business owners willing to serve on this board. Council Member Lnenicka provided some details regarding Ms. Gangemi's background to those present. MOTION: Council Member Lnenicka made a motion to appoint Ms. Kim Gangemi to a one-year term on the Downtown Development Authority retroactive to April 3, 2003. Motion was seconded by Council Member Wood. Motion was approved 7 - O. (E) Appointment of Member to the Smyrna Revitalization Task Force Council Member Lnenicka stated that an additional person has expressed interest in serving on the Smyrna Revitalization Task Force. Council Member Lnenicka stated that Ms. Susan Morgan, a resident in Ward 3, has agreed to serve on the Task Force. MOTION: Council Member Lnenicka made a motion to appoint Ms. Susan Morgan to the Smyrna Revitalization Task Force to be effective immediately. Motion was seconded by Council Member Cramer. Motion was approved 7 - O. - June 2. 2003 3 COMMERCIAL BUILDING PERMITS: - (A) 12,260 s.f. Retail Facility - 4600 South Cobb Drive - Frank J. Pudysz Mr. Miller stated the requested building permit is for the Home Depot landscape supply store located at East-West Connector and South Cobb Drive. Mr. Miller stated the estimated cost of this construction is $3,000,000. Council Member Lnenicka stated that review of the submitted plans by the Community Development staff indicates that all the requirements and stipulations of the previously approved rezoning for this project have been met. Council Member Lnenicka stated the proposed facility will be at the south-west corner of East-West Connector and South Cobb Drive. MOTION: Council Member Lnenicka made a motion to approve the commercial building permit for the Home Depot landscape supply store at the corner of East- West Connector and South Cobb Drive. Motion was seconded by Council Member Wood. Motion was approved 7 - O. (B) 6,757 s.f. Retail Facility - 4488 South Cobb Drive - William Kzieg Mr. Miller stated the requested building permit is for a Kaufman Tire store located on one ofthe outparcels at the Publix Shopping Center at the subject location. Mr. Miller stated the estimated cost of this construction is $400,000. - MOTION: Council Member Lnenicka made a motion to approve the commercial building permit for the Kaufman Tire store at the north-west corner of East-West Connector and South Cobb Drive. Motion was seconded by Council Member Cramer. Motion was approved 7 - O. (C) 7,964 s.f. Office Facility - 2900 Highlands Parkway - Derrick Usry Mr. Miller stated the requested building permit is for a medical facility to be located at the Highlands Industrial Park at 2900 Highlands Parkway. Mr. Miller stated the estimated cost of this construction is $423,000. MOTION: Council Member Wood made a motion to approve the commercial building permit for the Preferred Medical Center office facility at 2900 Highlands Parkway. Motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of the May 19,2003 Minutes. (B) Approval of Request for Bids for the Installation of Approximately 2200 I.f. of Sanitary Sewer Main in the Austin Drive Area Funded from the Water/Sewer R & E Account This project will require engineering design and easement acquisition. (C) Approval of Request for Bids for Concrete Work to Include Curbing, Sidewalks, Road Cuts, Catch Basin and Other Repairs ... June 2. 2003 4 (D) Approval to Use R & E Funds for Contract Unit Pricing for Water Main Replacement This proposal is for replacement of a 2 inch water main on Belmont Avenue from Reed Street to Adams Drive. This work will involve the installation of 2135 l.f. of 8 inch water main, 3 fire hydrants and 44 service changeovers. This replacement is necessary because of recent annexation and the need for additional fire protection. - (E) Approval of Use of Council Chambers for a Ward 6 Meeting for Argyle Estates on Thursday, June 5, 2003 from 6:30 p.m. until 9:30 p.m. (F) Approval of City Administrator as Designated Hearing Officer for Privilege License Applications for Alcoholic Beverage Sales MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. COMMITTEE REPORTS: Mayor Bacon reported that in a recent evaluation of high schools conducted by Newsweek magazine, three schools in Cobb County, including Campbell High School, were among the schools noted in this survey for overall excellence. 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 stated that Congressman John Lewis will hold a town hall meeting at the Smyrna Community Center on June 14. Council Member Hawkins stated he has received a number of questions regarding the status of a development on Concord Road, and that inquiry by Mr. Miller has revealed that the developer expects to start construction soon. Council Member Cramer expressed appreciation to Council Member Hawkins for the address he presented at the ceremony at the Veterans Memorial on Memorial Day. Council Member Lnenicka reminded those present about the meeting for Argyle Estates on Thursday, June 5, 2003. Council Member Lnenicka reported that he attended a neighborhood watch meeting on May 29 with residents of Heritage at Vinings. Council Member Lnenicka expressed appreciation to Council Member Hawkins, Council Member Wood, Mrs. Susan Drinnon and everyone else who attended the Memorial Day ceremony at the Veterans Memorial. Council Member Lnenicka thanked Mayor Bacon and all the other citizens who have supported the Veterans Memorial. Council Member Wood reminded those present that the FY 2004 City budget is scheduled for adoption at the Council meeting on June 16,2003. CITIZENS INPUT: There were no additional citizen comments. - June 2. 2003 5 - ADJOURNMENT: With no further business, the meeting was adjourned at 7:52 p.m. \ ,\ " A. MAX BACON, MAYOR SUS RON NEWCOMB, WARD 2 /l ~ - (fU!?~ t:J~ CHARLES PETE WOOD, WARD 7 - - RESOLUTION EMERGENCY 911 TELEPHONE SERVICE WHEREAS, the City of Smyrna is operating an enhanced 911 system which facilitates the dispatching of emergency services to the residents of Smyrna; and WHEREAS, the City of Smyrna has imposed and collected a monthly 911 charge of $1.50 from telephone subscribers within the area served by such system; and WHEREAS, the City of Smyrna has established a separate restricted revenue fund into which the 911 charges are deposited; and WHEREAS, these funds alone are not sufficient to pay for the operation of the enhanced 911 system; and WHEREAS, the City of Smyrna must annually reaffirm the need for the $1.50 911 charge on telephone subscribers; - NOW, THEREFORE, BE IT RESOLVED that the City of Smyrna City Council, by resolution, reaffirm the necessity for the $1.50 911 charge on telephone subscribers served by the enhanced 911 system for the fiscal year. Passed this 2nd day of June, 2003. A. Max Bacon, Mayor ATTEST: (~ r" ~- \/ IL'~V, , Susan D. Hiott, City Clerk - SUNTRUST VISA Corporate Card Maint€;nance Fonn - City of Smyrna NAME OF COMPANY: lYPE OF REQUEST: o New Account a Change E'tlsring Account II o Delet~ Account 4266 2745 00u1 7258 ACCOUNT INFORMATION CHANGED: o Name o Addms o ACCOUIU Code o Montl11y Credit Limll o Single Tr.lI1DC!lon Lirmt 1S1 Other Annual extension - CARDHOLDER lNFO RI\l A nON: Pleu.e co~lele unly the 1pproprulc .\l1xe~ h"lo.... I" ImJU;11A ch1nI!C~S) ncc.Jed, Susan First Name D. Middle huual Hiott Last Name I fuulul !4 CIUI;ll.:u:nl (770) Unit No. 319-5303 Soci.:l.1 Sc:cunry Number ('j 1:\uuc\crSI Accuunt Code - Horn~ Phol1~ Number t II) CI1.H1LIl:nl Business Phone Nwnbcr (10 Cluuac:n) :v1omhly Itt:collclhalllJll "utclllClIt Al.1drcss City State Zip (Ill CluII~) LIMITS Mfl;"" L>m" ~At/D. Empl yee's SigrulIllIl': Qj~~ ~j~W\. Company Program Manager's gmrure y~~ Single Transaction Limit (Q /5/03 , Date (iJ/~/o.3 Date C -9$2.03 Rft. 2J11J96 - - SUNTRUST CORPORATE RESOLUTION Ai\[D CERTIFICATE OF INCUMBENCY (Commercial Credit Card Account) Susan D. Hiott City Clerk r. be~by certify rh.1l I am rh~ and custodi.m of the records of -f'ri-t--v--A-f- Sm 'rRR--, ., 0'0' (legal rume of corporation). .1 corporation duly or::aniz.ed and existing wkJcr lhe 100wsof -~-'----'('TP&r,. -i-.a-: that (he followillg i3 a cruc and con'!:cl copy of CCf[;)in r~bIB~~ duly adopted hy the H0:lrd of ()1U.-l:IO&ot said corpor.:lliOll Jt a nU:Clul!.l duly held oCllhe ....:2.M CL1Y of .....June , ar which .1 quorum W:li IHesclll: and lhat [he (oHoU/IllS resolutions ;lrc in conformity wirh (be cMrtet':rod by-l:lw! ot said corporatiol1 and have DOL since lx:cn rescinded or l11()(Jjfjctl. RESOL VEn, rh.1! this corpor:ltion COler inro it commerci..l1 cledit can! account relationship with SunTnl"r AwkCud, N .A. ("BmIc"); that any o~ of rht: officers of Ihis corporation listed below be and is hereby authorized [0 enrcr into. execute :lod ckliver in the name of Jnd on behalf of (he cOIpol";Jtion the ;len.-em~nr~. c1OCUmeD15 or orner instrumen15 deemed rc:JSOnable or nec~ury ro I!5t.~bIL~h the comm.:rcial credit card .1cCQnm rcl.<Jli(ln.~hjp wirh Dank; und lhat [he. corporation sh.111 ~ bonnd by Ihe tenn.' ;lnd (\JmJiriclIt~ of \<lid ~glcelllcllts. d()cllmr:nr~ or other instmmerllS. RESOLVED FURTIIER. th;u (he corpor;uion shall furnish [0 R;\ok a cr.rti[iC{! copy of these resolutions. which resolutio~ sh:1ll contUlUe in full force and effect until wnuen notice of the rescission or modification of the Sdllle lms been received by B.mk, aud ru furnish said Bank the names 300 s~cimen signarures of the othcer(s) rumed herein. and such persons from time co time holding the above positions. [ hereby certify th:u the following are the names and specimen sigmlUrCS of the oCficec(s) listed in Ute foregoin~ n:solutions and that ~ pr~utly holds rhe ritl" indic:lled therein: A. Max Bacon Tille Mayor ~ ;;/- ~~ ~' eLI,c{I' CWl2dl~~. Name 'f. Jim Hawkins Mayor Pro-Tern - SnSAn D. Hiott _ Ci ty Clerk Charles "Pete" Wood Council Member eN wrrNESS WHEREOF, r Mve hr.lCll11l0 slIhscrillNl my name and affi:<ed the seal of said cOrpDl";J[ion this 2nd- day of ~-' n-LOO 3 City of Smyrna (C orpo l1UI: SaJ) :':"~Q,~~ " (prlru Susan D. Hiott ('it)' CT,prk (770) 319-5303 Tilk: The following individual(s) have been authorized to p.=rfonn the dlllics of a program ITL11L"lger on be1u"l1f of the cOrp9r:l!iol1 and is a.uthorized to maim.'1in the accounr o..s deemed necessary by the cof1'Oradon: Position Si~nue ~,~~~_~~~.._~_i~_ector0Jtw~ ~~L N3me Claudia Edgar -