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2003 minutes (11) November 3, 2003 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Chris Miller, and representatives of the press. Invocation was given by Reverend Al Turnell, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda item 5C (Approval of Amendment to Tree Preservation Ordinance _ Section 106-29; Section 106-40.1 and Section 106-52) will be tabled until a subsequent meeting. Mayor Bacon stated that agenda items 5E (Privilege License - Retail Pouring (Beer Only)- Appeal of Hearing Officer's Decision - KHM Enterprises DBA El Pastor - 350 Pat Mell Road - Hyung Tae Kim, Agent Applicant) and 11 A (Show Cause Hearing - KHM Enterprises DBA EI Pastor - 350 Pat Mell Road - Ae Rok Choi, Agent) will be tabled until a subsequent meeting. Mayor Bacon stated that agenda item 6A (Approval of Resolution Regarding TEFRA Hearing for the Housing Authority of the City of Smyrna) will be tabled until the November 17,2003 council meeting. - *Council Member Lnenicka made a motion to suspend the rules to add agenda item 6C (Approval of a Six-Month Moratorium on Accepting Applications for Signs Larger than 250 Square Feet) to the agenda under formal business. The motionftVas seconded by Council Member Wood. Motion was approved 7 - O. ' *Council Member Lnenicka made a motion to add agenda item 6C (Approval of a Six-Month Moratorium on Accepting Applications for Signs Larger than 250 Square Feet) to the agenda under formal business. The motion was seconded by Council Member Cramer. Motion was approved 7 - o. CITIZENS INPUT: Council Member Lnenicka recognized members of the American Legion Auxiliary, and read a Proclamation for Poppy Day to those present. Ms. Donna Smallwood, President of the American Legion Auxiliary, accepted the Proclamation. Ms. Smallwood expressed appreciation to American military personnel for their service to our country, and thanked the Mayor and Council Members for their support. Mayor Bacon recognized Mr. Mike McNabb, who stated he is a candidate for the Smyrna Ward 4 council post. Mr. McNabb expressed appreciation to the residents of Ward 4 for their interest in the City during this election campaign. Mr. McNabb asked the citizens for their support of his candidacy. .... Mayor Bacon recognized Mr. Floyd Millis, who stated he is a candidate for the Smyrna Ward 6 council post. Mr. Millis provided details of his background and campaign platform to those present. November 3, 2003 2 Mayor Bacon recognized Mr. Howard N. Smith, Jr., who stated he is a candidate for the Ward 4 Smyrna council post. Mr. Smith commented favorably about his experiences during this election campaign. Mr. Smith provided details of his background and campaign platform to those present. Council Member Pritchett stated she wishes to ask Mr. Smith some questions, and Mr. Smith stated he does not care to answer any. Council Member Pritchett stated that the Smyrna city council voted to terminate Mr. Smith's employment with the City, and asked Mr. Smith how he plans to work with everyone associated with the City. Mr. Smith stated that many of the elected officials who supported his termination will not be in office next year, and that he enjoys good relations with many of the candidates. Mr. Smith stated that Council Members Lnenicka, Newcomb and Wood voted against the termination of his employment with the City. Council Member Pritchett stated Mr. Smith behaved improperly toward her near the fountain at the Octoberfest on October 25, and that she is prepared to accept Mr. Smith's apology at this time. Council Member Pritchett stated she believes Mr. Smith's alleged improper conduct was intentional, and that there are other persons who observed Mr. Smith's behavior at the subject time and location. - Council Member Cramer stated that, although he is not running for re-election, he supported the charter amendment for pay increases for the City's elected officials. Council Member Cramer stated that the pay increase does not go into effect until next year after the election, and thus he will not benefit from his support of this charter amendment. Council Member Cramer asked Mr. Smith if Mr. Smith's assertion that Council Member Cramer voted for a pay increase for himself is not false and inaccurate. Mayor Bacon recognized Mr. Howard Martin and Mrs. Jean Martin, residing at 3435 Lee Street, and Mr. Martin stated he is a candidate for the Smyrna Ward 4 council post. Mr. Martin urged all the citizens to check into the records of the candidates they wi II have an opportunity to vote for, and exercise their right to vote. Mr. Martin provided details of his background and campaign platform to those present. Mr. Martin expressed appreciation to Council Members Lnenicka and Newcomb for their support during this election campaign. Mr. Martin asked the citizens for their support of his candidacy. Mrs. Jean Martin asked the citizens for their support of Mr. Martin's candidacy. - Mayor Bacon recognized Mr. Alex Backry, and Mr. Backry stated he is a candidate for mayor of Smyrna. Mr. Backry expressed objections to certain parts of a recent article in a local newspaper concerning the candidates in this year's City election. Mr. Backry stated the newspaper in question will publish a retraction. Mayor Bacon recognized Mr. Jimmy Smith, who stated he is a candidate for the Ward 5 Smyrna council post. Mr. Smith provided details of his background and campaign platform to those present. Mr. Smith asked the citizens for their support of his candidacy. Mayor Bacon recognized Ms. Jean Aaron, who stated she is a candidate for the Smyrna Ward 3 council post. Ms. Aaron expressed appreciation to the citizens she has met with during this election campaign. Ms. Aaron stated this election campaign has been a positive experience for her. Ms. Aaron urged all the citizens to vote in this election. Mayor Bacon recognized Mr. Don Cheek, who provided details to those present regarding some confusion surrounding a photograph which appeared in a newspaper. Mayor Bacon recognized Ms. Martha Livanec, residing at 3125 Lee Street, who expressed support of Council Member Weeks' candidacy for the Smyrna Ward 4 council post. ... November 3, 2003 3 - Council Member Newcomb stated he appreciates the credit attributed to him by Mr. Howard Martin for assisting with Mr. Martin's campaign, but that this is credit he does not deserve. Council Member Newcomb stated he has encouraged all candidates to run for office. Council Member Newcomb stated that Mr. Howard Smith has identified him as one of the people associated with the City government that Mr. Smith can work with; Council Member Newcomb stated, respectfully, that would not be the case. Council Member Newcomb stated that, although he voted against Mr. Smith's termination, if he had known everything at that time that he knows now, he would not have been able to support Mr. Smith's continued employment with the City. MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Yariance Request Y03-029 - Reduction in Front Yard Setback - 1828 Spring Road - Ask Partners, Inc. Mayor Bacon stated this measure was tabled from the October 20, 2003 council meeting. - Mr. Wright stated that Ask Partners, Inc. is proposing to rehabilitate the former J and J Package Store at the intersection of Spring Road and Elmwood Drive. Mr. Wright stated the applicant is seeking approval to construct a pump canopy in the front yard setback, and that because the front yard will be reduced to only 25,' a variance is required. Mr. Wright stated that, because there are no unusual circumstances associated with the site, staff does not recommend approval of the vanance. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. Council Member Scoggins recognized Mr. John Tucker, and asked Mr. Tucker to explain to those present the need for the requested variance. Mr. Tucker stated that there are plans to use the subject location for a convenience store. Council Member Scoggins asked Mr. Chris Miller to provide details to those present regarding staff opposition to the variance. Mr. Miller stated that when a variance request is evaluated, staff attempts to determine if there are on-site conditions which substantiate a need for a variance. Mr. Miller stated the request in this case is based on the applicant's need to have gasoline sales in conjunction with the convenience store they are planning to operate. Mr. Miller stated that staff is not of the opinion that any hardship has been demonstrated which would support the need for a variance. Council Member Scoggins asked from what point the front yard of the subject property will be reduced to 25,' and Mr. Miller stated the reduction is measured from the existing property line. Mr. Miller stated that the proposed reduction of the front yard area could make the subject location a difficult space for vehicles to maneuver through. Council Member Scoggins asked Mr. Miller if the proposed plan for the subject location could create traffic hazards. Mr. Miller stated that he does not think a traffic hazard would be created by the front yard reduction, but an area this small may be difficult for vehicles to negotiate. -. Council Member Scoggins recognized Mr. Bill Strickland, residing at 2962 Lexington Trace, who expressed concern about parking space limitations at the subject location. Mr. Strickland stated the subject property looks better since it has been cleaned up, but that he is concerned about some November 3, 2003 4 large trees that have been cut down there. Mr. Strickland expressed concern about possible traffic safety problems that could be generated by construction of a convenience store at the subject location. Council Member Scoggins asked Mr. Tucker if package sales of alcoholic beverages are planned for the subject location, and Mr. Tucker said no. Mayor Bacon asked Mr. Tucker why the trees were cut down at the subject location, and Mr. Tucker stated they were a health hazard. Mr. Tucker stated there was also brush removed from the area where the trees were cut down. Council Member Newcomb asked Mr. Mi1\er what his recommendation is for this variance request, and Mr. Mi1\er stated he recommends that the variance request be denied. Mr. Mi1\er stated staff is trying to arrive at a cohesive way of looking at variance requests. Mr. Mi1\er stated the applicant's reason for requesting the variance in this case is the fact that it is economically more feasible to have gasoline pumps associated with the convenience store. Mr. Miller stated the subject location is a somewhat standard commercial site in the City with access on two streets, is not irregular in shape and has no topographical features which should prevent them from meeting setback requirements. Council Member Newcomb asked Mr. Mi1\er if it is correct that he does not believe that hardship conditions exist in this case to justifY a variance, and Mr. Mi1\er stated that, based upon variances granted in the City in the recent past, no hardship conditions appear to exist. Council Member Lnenicka asked Mr. Miller if the applicant was required to obtain approval from the City to cut down the trees which were recently removed from the subject property. Mr. Mi1\er stated the applicant is required to obtain approval to cut down trees, and that no approval to cut down trees was requested or received by the applicant. Mr. Mi1\er stated the applicant has a building permit for rehabilitation of the building on the subject property, but no permit for any type of ground disturbance. Council Member Pritchett asked Mr. Mi1\er what steps are taken to advise property owners who have various permits that advance approval is required before cutting down trees on their property. Mr. Mi1\er stated that the permit applied for and received in this instance is a day-labor interior modification permit, and that City staff would not have known that the applicant was intending to remove trees based on the type of permit applied for. Council Member Pritchett asked Mr. Miller to consider possible ways of making certain that permit applicants are aware of the City's ordinances for tree preservation. Council Member Cramer suggested to Mr. Miller that information regarding the City's tree ordinance should be printed on all permit forms. Council Member Scoggins commended Mr. Tucker for taking steps to have the subject property cleaned up. - - MOTION: Council Member Scoggins made a motion to deny Variance Request V03-029 for a reduction in front yard setback from 50' to 25' at ] 828 Spring Road for Ask Partners, Inc. The motion was seconded by Council Member Cramer. Motion to deny the request was approved 7-0. (B) Privilege License Request - Retail Package Sales (Beer & Wine) - Food Depot #35- 3205-B South Cobb Drive - Donald V. Therrien, Agent Applicant Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Weeks recognized Mr. Therrien, and asked Mr. Therrien to tell those present where the subject business is located and what the name of the business is. Mr. Therrien stated the business is located at 3205 South Cobb Drive and that the business is named Food Depot #35 (FD). Council Member Weeks asked Mr. Therrien ifhe has obtained a copy of the City - November 3,2003 5 - ordinance regulating the sale of alcoholic beverages, and Mr. Therrien answered in the affirmative. Council Member Weeks asked Mr. Therrien ifhe has reviewed the City ordinance regulating the sale of alcoholic beverages with FD staff members, and Mr. Therrien answered in the affirmative. Council Member Weeks asked Mr. Therrien ifhe is aware that local law enforcement authorities conduct undercover inquiries to monitor the compliance of licensees with laws regulating the sale of alcoholic beverages, and Mr. Therrien answered in the affirmative. Council Member Weeks asked Mr. Therrien to provide details to those present regarding the policies and procedures FD has in place to make sure store staff is properly trained to sell alcoholic beverages. Mr. Therrien stated there is training provided to all staff to make certain they are familiar with the regulations governing the sale of alcoholic beverages. Council Member Weeks asked Mr. Therrien ifFD employees are required to sign a statement acknowledging completion oftraining for alcoholic beverage sales, including City regulations for sales of alcoholic beverages, and Mr. Therrien answered in the affirmative. Council Member Scoggins asked Mr. Therrien how FD employees ascertain a purchaser's age, and Mr. Therrien stated that FD utilizes a point-of-sale system which calculates a purchaser's age based upon date of birth information which is entered into the system by a cashier. Council Member Scoggins asked Mr. Therrien if all purchasers of alcoholic beverages at FD are required to present proper identification, and Mr. Therrien answered in the affirmative. MOTION: Council Member Weeks made a motion to approve the privilege license request for retail package sales of beer and wine for Food Depot #35 at 3205-B South Cobb Drive for Donald V. Therrien, Agent. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (C) Approval of Amendment to Tree Preservation Ordinance - Section 106-29 (New Definition for Public Trees); Section 106-40.1 (Protection and Care for Public Trees); Section 106-52 (Designation of Keep Smyrna Beautiful Commission as the City's Tree Board) - Mr. Wright stated the proposed ordinance amendments would enable the City to receive designation as a Tree City USA from the National Arbor Day Foundation. Mr. Wright stated the proposed ordinance amendment provides a new definition for public trees, requires protection and care for public trees and designates Keep Smyrna Beautiful as the City's Tree Board. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka stated that City staff has been directed to improve the tree preservation ordinance to strengthen it and to try to position the City to become a Tree City. Council Member Lnenicka stated the first part of the amendment relates to providing a definition of public tree. Council Member Lnenicka stated another part of the proposed amendment contains provisions for the protection of public trees. Council Member Lnenicka stated that the tree ordinance may need further strengthening and clarification. MOTION: Council Member Lnenicka made a motion to table Amendment to Tree Preservation Ordinance - Section 106-29, Section 106-40.1 Section 106-52 until the November 17, 2003 council meeting. The motion was seconded by Council Member Wood. Motion was approved 7-0. (D) Approval ofthe Smyrna Redevelopment Plan and Tax Allocation District -- November 3,2003 6 Mr. Wright stated that establishment of a tax allocation district is proposed under the terms of legislation approved by City voters the previous year. Mr. Chris Miller stated this is the first in a series of public meetings needed to consider the establishment of a new tax allocation district (TAD) in the City. Mr. Miller stated the City has made progress in revitalizing the downtown area, and that possible redevelopment for other areas of the City is being considered. Mr. Miller stated that a Revitalization Task Force has been established by the City to try to help determine the future direction ofredevelopment in the City. Mr. Miller stated the Livable Centers Initiative (LCI) study area includes the TAD area. Mr. Miller stated the planning for revitalization has included a meeting with the owner of the Belmont Hills shopping center. Mr. Miller stated a redevelopment plan has been formulated for a portion of the LCI study area which will be a TAD. Mr. Miller stated that efforts will be made to provide a number of public and private incentives to encourage redevelopment of this target area. Mr. Miller stated that Phase II of the Market Village is under construction, which will include two two-storey buildings. Mr. Miller stated that redevelopment plans for both commercial and single- family areas within the LCI study area will be presented at an upcoming meeting. Mr. Miller stated the Smyrna Revitalization Authority will also be reviewing the draft of the LCI plan, and that an Economic Development Coordinator has been hired by the City. Mr. Miller stated one of the objectives of the redevelopment plan has been to compile findings for the study area. Mr. Miller stated it has been determined that the TAD area contains some land uses that are not connected well and some vacant tracts that create financial disincentives for redevelopment in the City. Mr. Miller stated another finding of the study is that redevelopment will not occur without the creation of a TAD. Mr. Miller provided details of objectives that are to be accomplished through creation of a TAD to those present. Mr. Miller stated this is the first reading of the Corridor Resolution Plan, and that a meeting is planned this month with the County School Board and County officials in order to obtain the County's approval of the TAD. Mr. Miller stated that under TAD plans, bonds are issued based on the future value of the properties in the TAD area. Mr. Miller stated the bond issue is not underwritten by any City funds, and is unsecured debt. Mr. Miller stated the TAD measure does not create tax breaks for property owners in the TAD area, nor does it need to create any additional taxes for City residents. Mr. Miller stated the next hearing on this TAD measure will be on November 17, and then the measure will be taken before the County. Council Member Scoggins asked Mr. Miller to define the Atlanta Road Corridor area. Mr. Miller stated the majority of the subject area will be on the west side of Atlanta Road and will include Jonquil Plaza. Council Member Wood stated the subject area runs from Belmont Hills to Jonquil Plaza, and is comprised mainly of commercial areas. Council Member Cramer asked Mr. Miller if a different millage rate will be used for properties inside the TAD area. Mr. Miller stated a base millage rate will be set for properties within the TAD district. Mr. Miller stated that bonds issued for the TAD area are based on the current millage rate, and that usually the millage rate set at the time the bonds are issued must be maintained. Mr. Miller stated the proposed TAD is a commercially-based TAD which has tax considerations associated with it that differ somewhat from those of a residentially-based TAD. Council Member Lnenicka stated his opponent in the current election campaign has sent out a letter to Ward 6 residents stating explicitly that if a TAD is approved, the millage rate for the rest of the City can never be lowered again. Mr. Miller stated that, according to Section 36-44-15 (a) of the State Local Government Redevelopment Powers law, "...Nothing in this chapter shall be construed to freeze the ad valorem tax millage rate of any political subdivision or county or independent board of education consenting to the inclusion of its property taxes as a basis for computing tax allocation increments..." Mr. Miller stated that outside the tax area, there is no prohibition against changing the millage rates. Mr. Miller stated that within the TAD areas, there are some requirements for millage rates that pertain to the issuance of bonds. Council Member Lnenicka stated that he wants the citizens of Ward 6 to understand that approval of a TAD does not lock - - -- November 3, 2003 7 them into a millage rate forever. Mr. Miller stated the bonds are issued on the value of the tax growth of the TAD area, and would not affect the City's debt load or bond rating currently. - MOTION: Council Member Wood made a motion to approve inclusion of the Smyrna Redevelopment Plan and Tax Allocation District on the agenda on November 17,2003 for a second hearing and vote for approval. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (E) Privilege License - Retail Pouring (Beer Only) - Appeal of Hearing Officer's Decision - KHM Enterprises DBA EI Pastor - 350 Pat Mell Road - Hyung Tae Kim, Agent Applicant Mayor Bacon asked if anyone is present for this public hearing matter, and there was no response. MOTION: Council Member Cramer made a motion to table the appeal of Hearing Officer's decision for KHM Enterprises DBA EI Pastor at 350 Pat Mell Road for Hyung Tae Kim, Agent Applicant, until the November 17,2003 council meeting. The motion was seconded by Council Member Wood. Motion was approved 7 - O. FORMAL BUSINESS: (A) Approval of Resolution Regarding TEFRA Hearing for the Housing Authority of the City of Smyrna - MOTION: Council Member Wood made a motion to table approval of Resolution regarding TEFRA hearing for the Housing Authority of the City of Smyrna until the November 17, 2003 council meeting. The motion was approved by Council Member Cramer. Motion was approved 7-0. (B) Appointment of Ward 5 Representative to the Parks and Recreation Committee MOTION: Council Member Cramer made a motion to approve appointment of Mr. Steve Haraway to complete the current term as Ward 5 Representative to the Parks and Recreation Committee through September 30, 2004. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. *(C) Approval of a Six-Month Moratorium on Accepting Applications for Signs Larger than 250 Square Feet MOTION: Council Member Lnenicka made a motion to approve a six-month moratorium on accepting applications for all signs larger than 250 square feet through April 6, 2004. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: ... (A) Approval of the October 20,2003 Minutes. November 3, 2003 8 MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion was seconded by Council Member Cramer. Motion was approved 7 -0. COMMITTEE REPORTS: - Council Member Wood stated the draft audit report for the period ending June 30, 2003 is expected to be ready within the next few weeks. Council Member Wood encouraged all citizens to vote. Council Member Lnenicka stated that he did not vote in favor of the termination of Mr. Howard Smith's employment with the City because at the time of that vote Mr. Smith was interviewing for employment elsewhere, and he expected Mr. Smith to leave his position with the City. Council Member Lnenicka stated he believes Mr. Smith betrayed the trust of the Council Members, and that he considers certain conduct by Mr. Smith, which came to light after the vote to terminate his employment with the City, to be indefensible. Council Member Lnenicka stated that he believes Mr. Smith's statement to the effect that Mr. Smith would be able to work with those council members who did not vote to terminate him is a misstatement. Council Member Lnenicka stated that Mr. Smith is currently under a court order prohibiting him from having any contact with the City's officials. Council Member Lnenicka stated that Council Member Pritchett's question to Mr. Smith regarding Mr. Smith's ability to work with the other council members is a valid one. Council Member Lnenicka stated he does not appreciate Mr. Smith including him in his remarks. Council Member Lnenicka stated that, like Council Member Newcomb, he cannot take credit attributed to him by Mr. Howard Martin for helping Mr. Martin with his election campaign. Council Member Lnenicka stated he has enjoyed his previous years of service on the Smyrna city council, and appreciates the support the citizens have given him. Council Member Lnenicka urged all citizens to exercise their right to vote. - Council Member Cramer stated he is not seeking re-election because he wants to devote more time to his family. Council Member Cramer expressed appreciation to the Mayor and Council Members for their cooperation in helping to accomplish numerous objectives. Council Member Weeks expressed appreciation to the citizens of Ward 4 and the Mayor and Council Members for the opportunity to serve out Mr. Hawkins' unfinished term of office on the city council. Council Member Weeks stated she has enjoyed participating in the current election campaign. Council Member Weeks urged all citizens to vote in the election tomorrow. Council Member Scoggins stated he believes the favorable results of the stewardship of the City by the Mayor and Council Members are visible to those who look around them. Council Member Scoggins provided details to those present of the progress in many areas that has taken place in the City over the years. Council Member Scoggins stated he believes Smyrna is the now the finest city in the United States, and that the City has garnered awards that substantiate his claim. Council Member Scoggins stated that the City officials who are chosen by the citizens in this election will be challenged to maintain the high standard of progress that has been established in the City in recent years. Council Member Newcomb stated that, although he faces no opposition in this year's election, he does not take for granted the support and friendship shown to him by the citizens of Ward 2. Council Member Newcomb stated he is looking forward to serving another term on the Smyrna city council and working with the Mayor and Council Members to continue to realize what he considers to be many constructive accomplishments. Council Member Newcomb stated he is honored to serve the Citizens of Ward 2 for another four years. ~ November 3, 2003 9 .... Council Member Pritchett stated that she asked Mr. Howard Smith how he plans on working with everyone associated with the City government in the hope of determining how the differences of the past can be overcome so that everyone can move forward with the tasks involved in serving the constituents. Council Member Pritchett stated that she was verbally attacked by an individual who, in her opinion, has no integrity and no morals. Council Member Pritchett stated Mr. Smith did not deny her allegation of his improper behavior. Council Member Pritchett stated Mr. Smith did not offer any apology because apologizing would have been an admission of misconduct. Council Member Pritchett stated there are witnesses who observed Mr. Smith behaving improperly toward her (i.e., touching her derriere) at the Octoberfest on October 25. Council Member Pritchett stated she is extremely angry that Mr. Smith would show this type of disregard for a City elected official, and that she would not make any statement before a public assembly that was not true. Council Member Pritchett expressed appreciation to the citizens of Ward I for their support. CITIZENS INPUT: Mayor Bacon recognized Mr. Garry Osborne, who stated he is a candidate for the Smyrna Ward 7 council post. Mr. Osborne provided details of his experiences during this election campaign to those present. Mr. Osborne explained to those present how he will perform the duties of a council member if elected. Mr. Osborne urged all citizens to vote in the election tomorrow, and asked them for their support of his candidacy. Mayor Bacon recognized Mr. Charlie Lively (phonetic), who expressed appreciation to the Mayor and Council Members for the many positive changes that have been made in the City. - Mayor Bacon recognized Mrs. Lillie Wood, who asked the citizen's for their support of Council Member Wood in his bid for re-election. Mayor Bacon urged everyone to find out as much as they can about the candidates they will have an opportunity to vote for. Mayor Bacon stated he has enjoyed his many years of service as a City elected official. Mayor Bacon urged all the citizens to vote in the election tomorrow. Mayor Bacon wished all the candidates good luck. ADJOURNMENT: With no further business, the meeting was adjourned at 9: 17 p.m. ... November 3, 2003 10 A. MAX BACON, MAYOR D.~/ N D. HIOTT, CITY CLERK - ~~~ AJ ~ RON NEWCOMB, WARD 2 ~ PAULA A. WEEKS, WARD 4 {!U& W~ CHARLES PETE WOOD, WARD 7 .-- -- October 20, 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, Assistant Fire Chief Jason Lanyon, Public Works Director Scott Stokes, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Council Member Wood, fo\1owed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda item 5(K) [Privilege License - Retail Pouring (Beer Only)- Appeal of Hearing Officer's Decision - KHM Enterprises DBA EI Pastor - 350 Pat Mell Road- Hyung Tae Kim, Agent Applicant] will be tabled until the November 3,2003 Council meeting. *MOTlON: Council Member Wood made a motion to suspend the rules to add item 6(G) [Approval of Change Orders 1 thru 3 for the Market Village Construction] to the formal business section of the agenda. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. - *MOTION: Council Member Wood made a motion to add item 6(G) [Approval of Change Orders 1 thru 3 for the Market Village Construction] to the formal business section of agenda. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. Mayor Bacon stated that agenda item 5(C) [Variance Request V03-029 - Reduction in Front Yard Setback _ 1828 Spring Road -Ask Partners, Inc.] will be tabled until the November 3,2003 Council meeting. CITIZENS INPUT: Mayor Bacon recognized Mr. Joe Bland, Chairman of the Smyrna Housing Authority, and Mr. Bland reported that there will be a forum of candidates in the upcoming Smyrna city election on October 22 at 7:00 p.m. at the Smyrna Community Center. Mayor Bacon recognized Mrs. Darlene Davidson, and presented Mrs. Davidson with a glass jonquil in recognition of her contributions to the community and her many years of service on the Smyrna Housing Authority. Mrs. Davidson stated that she has learned a great deal through her work on the Smyrna Housing Authority, and that the Authority provides a valuable service to the community. Mayor Bacon recognized Mr. Don Cheek, residing at 1210 Pinehurst Circle, and Mr. Cheek provided details of his background to those present. Mr. Cheek commended the Mayor and Council Members for the progress that has been made in the City, and stated he is a candidate for city council because he wants to see the progress continue. - October 20, 2003 2 Mayor Bacon recognized Mr. Garry Osborne, who stated he is a candidate for the Ward 7 Smyrna city council post. Mr. Osborne provided details of his campaign platform to those present. Mr. Osborne asked the citizens for their support of his candidacy. - Mayor Bacon recognized Mr. Alex Backry, who stated he is a candidate for mayor of Smyrna. Mr. Backry provided details of his campaign platform to those present. Mr. Backry expressed concern about flyers that were recently mailed with City water bills which include information about a loan program available under the aegis of the Smyrna Housing Authority in partnership with a local bank. Mayor Bacon recognized Mr. Joe Bland, Chairman of the Smyrna Housing Authority, who provided details to those present regarding the Lend a Hand loan program available under the auspices of the Smyrna Housing Authority. Mr. Bland stated this program is only available to City residents, and that loans at favorable rates from Security Exchange Bank are made available to homeowners for major renovations to their residences. Mr. Bland provided details of the eligibility requirements for these loans to those present. Council Member Pritchett asked Mr. Bland if any City taxpayer dollars go to the Smyrna Housing Authority, and Mr. Bland stated that no City taxpayer dollars are used by the Authority. Council Member Newcomb expressed appreciation to Mr. Bland and the other associates of the Smyrna Housing Authority for the assistance they help make available to City homeowners. Council Member Newcomb provided details of instances in which the members of the Smyrna Housing Authority have helped make home improvements possible for people who could not have otherwise obtained them. Mr. Bland stated that, in addition to loan assistance, the Smyrna Housing Authority makes some direct assistance available to citizens under certain circumstances. Council Member Pritchett asked Mr. Bland what the household income ceiling is for eligibility for loan assistance under the Lend a Hand program, and Mr. Bland stated it is $50,000 per annum. Council Member Lnenicka expressed appreciation to Mr. Bland and the other associates of the Smyrna Housing Authority for the assistance they help make available to City homeowners. Council Member Lnenicka stated it is sad that a candidate for a City elected post, in his zeal to be elected, would criticize the Authority and a program that helps enable elderly people and persons with limited means to keep their homes. Council Member Lnenicka stated he will continue to support the Smyrna Housing Authority and its worthwhile mission. - Mayor Bacon recognized Mr. George Mercurius, Ward 6 representative to the Smyrna Housing Authority, who stated the purpose of the Authority is improvement ofthe City. MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Rezoning Request Z03-020 - R-15 (SFR) to RAD Conditional - 2.1 Acre Tract - Land Lot 348, 524 Pat Mell Road - Cobb Habitat for Humanity Mr. Wright stated the applicant is requesting that the subject property be rezoned from R-15 to RAD Conditional for construction of eight houses. Mr. Wright stated that staff recommends approval of the requested rezoning for construction of six houses with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. '-' October 20, 2003 3 .. Council Member Cramer recognized Mr. Kevin Moore, an attorney representing the applicant, and asked Mr. Moore to explain the need for the requested rezoning to those present. Mr. Moore stated the Planning and Zoning Board (PZB) unanimously recommended that the rezoning be approved for seven houses with certain stipulations, and that the applicant is agreeable to this recommendation by PZB. Mr. Moore stated the applicant is requesting permission to build one additional home on the subject tract above what is allowed by the requested zoning. Mr. Moore stated that the plan proposed by Cobb Habitat for Humanity (CHH) is a good one, and Mr. Moore provided details of the proposed site plan to those present. Mr. Moore stated that all of the homes in the proposed development will feature better external finish materials such as brick or hardiplank. Mr. Moore stated that an architectural firm has agreed to work with CHH to help design the proposed houses. Mr. Moore stated that the proposed development is a planned concept community that will fit in well with the City. Mr. Moore stated the proposed develop- ment will have protective covenants and a homeowners association. Mr. Moore stated that CHH acts as the seller and arranges financing for purchasers. Mr. Moore stated that potential purchasers of CHH homes must go through an exacting qualification process, and are required to take a course in home management. Mr. Moore stated that CHH financing arrangements include provisions prohibiting rentals of the houses and speculative purchases for profit. Mr. Moore stated that the request by CHH for one additional home should not affect the volume of traffic on Pat Mell Road. Council Member Cramer asked Mr. Moore if it is correct that CHH has agreed to a minimum house size of 1,300 square feet for the dwellings in the proposed develop- ment, and Mr. Moore answered in the affirmative. Council Member Scoggins asked Mr.Moore if it is correct that the density for seven structures on the subject property will be 3.33 units per acre, and Mr. Moore answered in the affirmative. - Mayor Bacon recognized Ms. Barbara Brooks, owner of the property at 542 Pat Mell Road, who stated that she would like to see a fence with a minimum height of eight feet as a buffer along her property. Ms. Brooks stated that the front door of the house she owns at 542 Pat Mell Road faces the rear of the proposed houses. Mayor Bacon recognized Ms. Jackie Mather, residing at Pat Mell Place, who stated she would like to see CHH build driveways instead of parking pads at the proposed home sites. Mr. Moore stated that the proposed homes will have driveways that lead to parking spaces at the sides of the houses. Ms. Mather showed those present a photograph which appeared in Ladies Home Journal showing a Habitat for Humanity house with a garage. Mayor Bacon recognized Ms. Thompson, residing at 3001 Pat Mell Place, who expressed views regarding revitalization in the City to those present. Mayor Bacon recognized Ms. Elizabeth Fakes, residing at 3006 Pat Mell Place, who commended Council Member Cramer for coming out into her neighborhood to try to assist the citizens in that area with some of their concerns. Ms. Fokes expressed concern about traffic congestion on Pat Mell Road. Ms. Fokes expressed concern about the places where driveways will be located at the proposed development. Ms. Fokes expressed views to those present regarding revitalization in the City. Mayor Bacon recognized Ms. Barbara Brooks, who expressed appreciation to the Mayor and Council Members for efforts that have been made to improve the subject area. .. Mr. Moore stated that a privacy fence requires maintenance. Mr. Moore stated the applicant would be agreeable to the idea of enhancing the tree buffer along the boundary with Ms. Brooks' property line. Council Member Cramer asked Ms. Brooks if improved landscaping might be an October 20, 2003 4 acceptable alternative to a fence for screening her property, and Ms. Brooks answered in the affirmative. Council Member Lnenicka asked Mr. Moore if the applicant would be agreeable to a stipulation requiring a landscape buffer on the eastern side to be designed and approved by the City Community Development Department, and Mr. Moore answered in the affirmative. Council Member Lnenicka asked Mr. Moore if the applicant would be agreeable to a stipulation requiring the relocation of the driveway on Lot #5, and Mr. Moore answered in the affirmative. Council Member Lnenicka commended Mr. Moore for his professionalism and for the effort he has put into improving the plans for this proposed development. Council Member Lnenicka stated that the City's elected officials are committed to improving all areas of the City. Council Member Lnenicka described various measures, such as approving additional city marshal positions, that the City's elected officials have supported. Council Member Lnenicka provided to those present details of the future direction the City hopes to take in the area of revitalization. Council Member Cramer provided details to those present regarding efforts that have been made to improve the City, and emphasized the importance of citizen participation in this process. - Council Member Cramer read the following list of stipulations to those present: 1. The development will maintain the following setbacks: Front - 20', Side - 10', Rear- 30'. Additionally, the front yard setbacks for the lots at the entrance to the subdivision (lots 1 and 7 on the current plan) shall be increased to 25'. 2. The homes on the lots at the entrance to the subdivision (lots 1 and 7 on the current plan) shall utilize traditional building materials including stone, stucco, shake and hardy-plank. No vinyl siding shall be permitted on any homes in the subdivision. - 3. There shall be protective covenants on all lots. The protective covenants shall be supplied to the City prior to the issuance of a building permit. 4. Any necessary retention ponds for the development shall be placed and screened appropriately to be unobtrusive outside and inside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a 1 OO-year storm event. The City Engineer shall approve all plans. 5. All utilities within the development shall be underground. 6. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 7. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. All homes built in the subdivision will be a minimum of 1,300 square feet. 8. Each lot shall have the following trees replanted per lot either: four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: - October 20, 2003 5 - Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. In addition 4" caliper trees shall be provided along Pat Mell Road spaced one every 30'. 9. There shall be a 20' landscape buffer at the side of 524 Pat Mell Road along the eastern boundary. The design of this landscape boundary must be approved by the City Community Development Department. All houses will have rear (side) loaded driveways. MOTION: Council Member Cramer made a motion to approve Rezoning Request Z03-020 from R-15 (SFR) to RAD Conditional for a 2.1 acre tract in Land Lot 348, 524 Pat Mell Road for Cobb Habitat for Humanity subject to the stipulations read into the record. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (B) Land Use Change Request Z03-020 - Low Density Residential to Medium Density Residential -2.1 Acre Tract - Land Lot 348, 524 Pat Mell Road - Cobb Habitat for Humanity Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Cramer made a motion to approve Land Use Change Request Z03- 020 from Low Density Residential to Medium Density Residential for a 2.1 acre tract in Land Lot 348,524 Pat Mell Road for Cobb Habitat for Humanity. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (C) Variance Request V03-029 - Reduction in Front Yard Setback - 1828 Spring Road- Ask Partners, Inc. - MOTION: Council Member Scoggins made a motion to table Variance Request V03-029 for a reduction in front yard setback at 1828 Spring Road for Ask Partners, Inc. to the November 3, 2003 Council meeting. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. (Council Member Cramer was not present at the time of the vote) (D) Variance Request V03-030 - Reduction in Minimum Lot Width, Reduction in Side Yard Setback, and Reduction in Front Yard Setback - 1119 Stephens Street - Development Partners, LLC Mr. Wright stated tbe subject tract is adjacent to the Greenwood Subdivision, and that the requested variances would enable the developer to build five homes on the subject property with development standards identical to those of the Greenwood Subdivision. Mr. Wright stated the rezoning for the Greenwood Subdivision was approved by the City on December 2, 2002. Mr. Wright stated that staff supports the requested variance subject to a number of stipulations. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Weeks recognized Mr. Jeff Freeman, representing Development Partners, LLC, and asked Mr. Freeman to explain the need for the requested variances to those present. Mr. Freeman provided details of the proposed homes to those present. Council Member Weeks stated that completion of sidewalks in the subject area will be beneficial to residents. - MOTION: Council Member Weeks made a motion to approve Variance Request V03-030 for a reduction in minimum lot width at 1119 Stephens Street for Development Partners, LLC. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. October 20, 2003 6 MOTION: Council Member Weeks made a motion to approve Variance Request V03-030 for a reduction in side yard setback at 1119 Stephens Street for Development Partners, LLC. The motion was seconded by Council Member Cramer. Council Member Lnenicka asked Mr. Freeman ifhe is agreeable to the 14 stipulations, and Mr. Freeman answered in the affirmative. Motion was approved 7 - O. - MOTION: Council Member Weeks made a motion to approve Variance Request V03-030 for a reduction in front yard setback at 1119 Stephens Street for Development Partners, LLC. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (E) Variance Request V03-31 - Reduction in Stream Bank Buffer - Southwest Comer of East/West Connector and South Cobb Drive - Greenberg Farrow Architecture Mr. Wright stated the project proposed for the subject property is a Home Depot landscape store, and that the applicant has requested a decrease in the steam bank buffer from 50' to 25.' Mr. Wright stated staff recommends approval of the reduction in the stream bank buffer to 25' provided the applicant re-nourishes the existing stream bank with vegetation to protect the stream bank from any future erosion. Mayor Bacon recognized Mr. Chris Logan, representing Greenberg Farrow Architecture (GF). Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka asked Mr. Logan to explain the need for the requested variance to those present. Mr. Logan stated Home Depot landscape stores are somewhat similar to Pike's Family Nursery stores, and that a twelve acre tract is earmarked for the proposed project. Mr. Hogan stated that an out-parcel of about 1.42 acres in size will be created from the tract and sold to another user. Mr. Hogan stated it is possible that the out-parcel will be used for a restaurant. Mr. Hogan stated a stream about 100' in length and 3' wide was found on the subject property. Mr. Hogan stated the stream terminates at the adjacent property line and is piped under the Post Valley Apartments. Mr. Hogan stated that in some places along the stream bank an encroachment of as much as 25' is anticipated, although in other sections no encroachment is expected to be necessary. Mr. Hogan stated a landscape plan for the affected area has been prepared as part of the variance application. Council Member Lnenicka asked Mr. Logan how long the opening of the store will be delayed by the variance application process. Mr. Logan stated an opening in January, 2004 had been originally planned, but construction delays could postpone the store opening until around August of next year. Mayor Bacon asked Mr. Logan if the new store will serve both retail and wholesale customers, and Mr. Logan answered in the affirmative. Council Member Lnenicka commented favorably about the design of the proposed store, and Mr. Logan stated this project will serve as a model for comparable stores planned throughout the southeast. Council Member Lnenicka thanked Mr. Logan for the applicant's cooperation with the City staff in working out the details of this variance. MOTION: Council Member Lnenicka made a motion to approve Variance Request V03-31 for a reduction in stream bank buffer from 50' to 25'at the southwest corner of East/West Connector and South Cobb Drive for Greenberg Farrow Architecture subject to the applicant re-nourishing the existing stream bank with vegetation and other measures to protect the stream bank from any future erosion as specified by the City Community Development Department. The motion was seconded by Council Member Wood. Council Member Newcomb stated that the State requirement for stream bank buffers is 25,' but that a 50' buffer is required by City ordinance. Council Member Newcomb stated that approval of this variance does not signal a retreat from the City's position on environmental protection. Council Member Newcomb stated the stream in - - October 20, 2003 7 - question is small, and that a variety of measures will be put in place to help protect this waterway. Council Member Lnenicka commended City Engineer Ken Hildebrandt for making a thorough site inspection of the subject property, and for locating this stream and taking appropriate steps to protect it. Motion was approved 7 - O. (F) Variance Request V03-32 - Reduction in Front Yard Setback - 2568 Highland Avenue- Kimm and Greg Martin Mr. Wright stated the applicant is requesting a variance to reduce the front yard setback from 35' to 23' to build an addition to the residence which will encroach into the front yard setback. Mr. Wright stated that staff recommends approval of the variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Greg Martin, and asked Mr. Martin to explain the need for the requested variance to those present. Mr. Martin stated that both he and Mrs. Martin like living in the City, and would prefer to enlarge their current house to meet their space needs instead of moving to another location. Mr. Martin believes the proposed improvements to his house, which include a porch, will fit well with other residences on Highland A venue. Council Member Scoggins commented favorably on the design of the proposed improvements, and stated that forthcoming changes in the subject area are likely to further enhance this residence. MOTION: Council Member Scoggins made a motion to approve Variance Request V03-32 for reduction in front yard setback from 35' to 23' at 2568 Highland Avenue for Kimm and Greg Martin. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. - (G) Privilege License Request - Bail Bonding - Lighthouse Bail Bonds, Inc. - 2931 Lewis Street, # 1 02, Kennesaw, Georgia - Somruay Hutcherson, Agent Applicant Mr. Wright stated that Lighthouse Bail Bonds, Inc., located at 2931 Lewis Street in Kennesaw, has applied for a license to operate a bail bonding concern in the City of Smyrna. Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Wood recognized Ms. Somruay Hutcberson. Council Member Wood asked Ms. Hutcherson if she is currently in the bail bonding business, and Ms. Hutcherson answered in the affirmative. Council Member Wood asked Ms. Hutcherson if she is familiar with the require- ments for operating a bail bonding business in the City of Smyrna, and Ms. Hutcherson answered in the affirmative. Council Member Wood asked Ms. Hutcherson if she understands the require- ment for posting a bond and if she is prepared to comply with this requirement, and Ms. Hutcherson answered in the affirmative. Council Member Wood asked Ms. Hutcherson if she is planning to write bail bonds relative to the City court, and Ms. Hutcherson answered in the affirmative. Council Member Pritchett stated that a memorandum attached to the application materials indicates the Secretary of State's office has reported that the Light House Bail Bonds, Inc. corporate entity is active but in a state of non-compliance. Council Member Pritchett asked Ms. Hutcherson if the corporation has been brought into compliance with the Secretary of State's requirements, and Ms. Hutcherson answered in the affirmative. Council Member Pritchett asked Ms. Hutcherson when the corporation was brought into compliance with the Secretary of State's requirements. Mr. Orrin Walker, an attorney representing the applicant, stated that Ms. tf" October 20, 2003 8 Hutcherson has furnished additional information to the Secretary of State's office regarding corporation officers, and that a valid certificate of existence from the Secretary of State's office has been provided to the City business license department. - MOTION: Council Member Wood made a motion to approve a privilege license request for bail bonding for Lighthouse Bail Bonds, Inc. at 2931 Lewis Street, # I 02, Kennesaw, Georgia for Somruay Hutcherson, Agent. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (H) Privilege License Request - Retail Package Sales (Beer & Wine) - Food Depot #35- 3205-B South Cobb Drive - Donald V. Therrien, Agent Applicant Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Weeks recognized Mr. Donald Therrien, and asked Mr. Therrien what type of privilege license is being applied for. Mr. Therrien stated a license for retail sale of beer and wine has been requested. Council Member Weeks asked Mr. Therrien ifhe has been furnished with a copy of the City ordinance regulating the sale of alcoholic beverages, and Mr. Therrien stated that he represents the company, but does not have a copy of the regulations. Council Member Weeks asked Mr. Therrien to provide details to those present regarding the steps taken by Food Depot (FD) to make sure store staff is properly trained to sell alcoholic beverages. Mr. Therrien stated that store employees are required to sign a statement acknowledging receipt of rules for sales of alcoholic beverages. Mr. Therrien stated that all FD customers are required to present proper identification before purchase of any alcoholic beverages. Mr. Therrien stated that FD utilizes a point-of-sale system which calculates a purchaser's age based upon date of birth information which is entered into the system by a cashier. Mayor Bacon asked Mr. Therrien if it is possible to override the point-of-sale system, and Mr. Therrien expressed the view that system is secure. Council Member Weeks asked Mr. Therrien ifhe is aware that local law enforcement authorities conduct undercover inquiries to monitor the compliance of licensees with laws regulating the sale of alcoholic beverages. Mr. Therrien stated he is aware ofthese operations, and provided details to those present regarding training he has received for alcoholic beverage sales. Mayor Bacon advised Mr. Therrien that if a violation at FD occurs and an alcoholic beverage is sold to an underage person at FD, the agent will have to appear at an administrative hearing before the Smyrna city council to answer to the allegations. Mayor Bacon advised Mr. Therrien to obtain a copy ofthe City ordinance regulating the sale of alcoholic beverages and make certain that Food Depot personnel are familiar with them. Council Member Lnenicka stated that, as the agent, Mr. Therrien wil\ be responsible for lawful sales of alcoholic beverages at Food Depot by all the staff at that store. Council Member Lnenicka stated he is concerned by the fact that the agent applicant in this case does not have a copy of the City ordinance regulating the sale of alcoholic beverages. Council Member Lnenicka stated it is his recommendation that this privilege license request be tabled until a subsequent meeting to allow sufficient time for the agent applicant, Mr. Therrien, to familiarize himself with these regulations and to be certain that he will comply with them. Council Member Cramer asked Mr. Therrien if he currently has a license for the sale of alcoholic beverages, and Mr. Therrien stated he does not. Council Member Lnenicka stated he believes that Mr. Therrien wil\ properly discharge his duties, but that he would not want to put Mr. Therrien in the position of being accountable for the safe and lawful sale of alcoholic beverages without first giving Mr. Therrien an opportunity to become familiar with the rules which Mr. Therrien and other Food Depot employees will be responsible for complying with. - - October 20, 2003 9 - MOTION: Council Member Weeks made a motion to table the privilege license request for retail package sales of beer and wine for Food Depot #35 at 3205-B South Cobb Drive for Donald V. Therrien, agent applicant, until the November 3, 2003 Council meeting. The motion was seconded by Council Member Lnencika. Motion was approved 7 - O. (I) Privilege License Request - Retail Pouring (Beer Only) - La Burbuja - 2290-B Atlanta Road - Zulema Rivas, Agent Applicant Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Weeks recognized Ms. Zulema Rivas, and asked Ms. Rivas to provide details to those present regarding the business Ms. Rivas proposes to operate. Ms. Rivas stated that La Burbuja has been in business for about two years, and that a license to serve beer is being sought in response to customer requests for this beverage. Council Member Weeks asked Ms. Rivas if she has been furnished with a copy ofthe City ordinance regulating the sale of alcoholic beverages and if she has read and understands them, and Ms. Rivas answered in the affirmative. Council Member Weeks asked Ms. Rivas to provide details to those present regarding the steps Ms. Rivas will take to make certain La Burbuja's staffis properly trained to sell alcoholic beverages. Ms. Rivas stated La Burbuja employs two waitresses, and that she has made efforts to make certain these staff members understand that there are regulations which prohibit sales of alcoholic beverages to underage persons, and that as agent she is responsible for ensuring that these laws are complied with. Ms. Rivas stated that the staff members are trained to require customers who wish to purchase any alcoholic beverage to present proper identification. Ms. Rivas stated that signs are posted in front of the restaurant advising patrons that identification wiII be required for purchases of alcoholic beverages. Council Member Weeks asked Ms. Rivas if the restaurant staff members understand that they will be individually responsible for complying with laws regulating the sale of alcoholic beverages, and Ms. Rivas answered in the affirmative. Ms. Rivas stated that all staff members will have individual serving permits as required. Council Member Weeks asked Ms. Rivas iffood will be served at La Burbuja, and Ms. Rivas answered in the affirmative. Council Member Weeks asked Ms. Rivas when, if the privilege license is approved, the staff members will apply for their individual serving permits. Ms. Rivas stated the staff members wi\l apply for their serving permits the day after the privilege license is approved. MOTION: Council Member Weeks made a motion to approve the privilege license request for retail pouring for beer only for La Burbuja at 2290-B Atlanta Road for Zulema Rivas, agent. The motion was seconded by Council Member Pritchett. Motion was approved 7 - o. (J) Privilege License Request - Bail Bonding - Global Express Bonding, LLC - 300 Village Green Circle, #201 - Eddie Mitchell, Agent Applicant Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Scoggins recognized Mr. Eddie Mitchell, and asked Mr. Mitchell how long he October 20, 2003 10 has been in the bail bonding business. Mr. Mitchell stated he has law enforcement experience, but that this is the first time he has been in the bail bond business. Mr. Mitchell stated he also owns a private investigations firm. Council Member Scoggins stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. - MOTION: Council Member Scoggins made a motion to approve a privilege license request for bail bonding for Global Express Bonding, LLC at 300 Village Green Circle, #201 for Eddie Mitchell, agent. The motion was seconded by Council Member Pritchett. Motion was approved 7-0. (K) Privilege License - Retail Pouring (Beer Only) - Appeal of Hearing Officer's Decision- KHM Enterprises DBA EI Pastor - 350 Pat Mell Road - Hyung Tae Kim, Agent Applicant MOTION: Council Member Cramer made a motion table the appeal of the Hearing Officer's decision concerning the privilege license, for retail pouring of beer only, for KHM Enterprises DBA EI Pastor at 350 Pat Mell Road for Hyung Tae Kim, agent applicant, until the November 3, 2003 Council meeting. The motion was seconded by Council Member Wood. Motion was approved 7 - O. FORMAL BUSINESS: (A) Validation of Application for Annexation - Land Lot 381, Parcels 5, 6, 7 and 40; Land Lot 340, Parcel 2, Concord Road - 7.96 Acre Tract - Virginia Jones, et al. Mr. Wright stated the subject property is earmarked for rezoning and development of some 43 residential structures, and that the submitted legal description has been reviewed by the City Engineer with satisfactory results. - The legal description of the subject property is as follows: All that tracts or parcels ofland lying and being in Land Lot 381 ofthe 17th District, 2nd section of Cobb County, Georgia, and being more particular described as follows: Commencing at a point formed by the intersection of the North right of way of Concord Road, and the common land lot line formed by land lots 380 and 381; thence West along the common land lot line formed by land lots 380 and 381 for an approximate distance of 729 feet to a point of beginning; thence South 33 degrees 02 minutes 57 seconds East for a distance of306.30 feet to a point; thence South 33 degrees 46 minutes 38 seconds East for a distance of 197.37 feet to a point; thence South 53 degrees 42 minutes 21 seconds West for a distance of200.00 feet to a point; thence South 54 degrees 44 minutes 38 seconds West for a distance of241.66 feet to a point; thence North 35 degrees 48 minutes 10 seconds West for a distance of212.72 feet to a point; thence South 02 Degrees 02 Minutes 54 Seconds East for a distance of 35.67 feet to a point; thence South 63 Degrees 53 Minutes 55 Seconds West for a distance of235.81 feet to a point; thence North 27 Degrees 07 Minutes 12 Seconds West for a distance of 100.37 feet to a point; thence North 26 Degrees 06 Minutes 23 Seconds West for a distance of65.31 feet to a point; thence North 14 Degrees 51 Minutes 12 Seconds West for a distance of 36.1 0 feet to a point; thence North 23 Degrees 30 Minutes 26 Seconds West for a distance of 123.27 feet to a point; - October 20, 2003 11 - thence North 26 Degrees 45 Minutes 16 Seconds West for a distance of76.78 feet to a point; thence North 32 Degrees 08 Minutes 17 Seconds West for a distance of 63.83 feet to a point; thence North 80 Degrees 12 Minutes 29 Seconds East for a distance of 406.58 feet to a point; thence North 01 Degrees 38 Minutes 25 Seconds West for a distance of 152.10 feet to a point; thence North 88 Degrees 30 Minutes 00 Seconds East for a distance of 221.91 to the Point of Beginning; Tract containing 7.96 acres more or less. MOTION: Council Member Weeks made a motion to approve the validation of application for annexation for Land Lot 381, Parcels 5, 6, 7 and 40; Land Lot 340, Parcel 2, Concord Road for a 7.96 acre tract for Virginia Jones, et a\., with a public hearing date set for November 17,2003. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (B) Validation of Application for Annexation - Land Lot 632, Parcel 1, 1795 Donna Lynn Drive - 0.45 Acre Tract - Carol Sheikh Mr. Wright stated the subject property is currently used for residential purposes with no rezoning or redevelopment planned in the immediate future, and that the legal description of the subject property has been reviewed by the City Engineer with satisfactory results. The legal description of the subject property is as follows: All that certain property situated and being in Land Lot 632 of the 17th District and 2nd Section of Cobb County, Georgia, being Parcell, and more particularly described as follows: - BEGINNING at the common intersection of Land Lots 631, 632, 664, and 665, said point being the POINT OF BEGINNING; thence southerly along the eastern lot line of Land Lot 632 a distance of 270 feet to a point; thence northwesterly a distance of 170 feet more or less to a point; thence northerly a distance of 50 feet to a point; thence northeasterly a distance of 192 feet to a point on the northern lot line of Land Lot 632; thence easterly along the northern lot line of Land Lot 632 a distance of 61 feet to the POINT OF BEGINNING. MOTION: Council Member Scoggins made a motion to approve the validation of application for annexation for Land Lot 632, Parcel 1, 1795 Donna Lynn Drive for a 0.45 acre tract for Carol Sheikh, with a public hearing date set for November 17,2003. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (C) Validation of Application for Annexation - Land Lot 562, Parcel 49, 1449 Hawthorne Avenue - 0.32 Acre Tract - Terrie Szanyi Mr. Wright stated the subject property is currently used for residential purposes with no rezoning or redevelopment planned in the immediate future, and that the legal description ofthe subject property has been reviewed by the City Engineer with satisfactory results. The legal description of the subject property is as follows: All that certain property situated and being in Land Lot 562 ofthe 17th District and 2nd Section of Cobb County, Georgia, being Parcel 49, and more particularly described as follows: - BEGINNING at the intersection ofthe western right-of-way of Reed Street with the northern right-of-way of Hawthorne A venue; thence westerly along said right-of-way of Hawthorne Avenue a distance of90 feet to a point, said point being the POINT OF BEGINNING; thence October 20, 2003 12 continuing westerly along said right-of-way of Hawthorne A venue a distance of 100 feet to a point; thence northerly a distance of 140 feet to a point; thence easterly a distance of 100 feet to a point; thence southerly a distance of 140 feet to the POINT OF BEGINNING. - MOTION: Council Member Scoggins made a motion to approve the validation of application for annexation for Land Lot 562, Parcel 49, 1449 Hawthorne Avenue for a 0.32 acre tract for Terrie Szanyi, with a public hearing date set for November 17, 2003. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (D) Approval of Resolution Regarding TEFRA Hearing for the Housing Authority of the City of Smyrna MOTION: Council Member Wood made a motion to table approval of the resolution regarding the TEFRA hearing for the Housing Authority of the City of Smyrna until the November 3, 2003 Council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (E) Validation of Application for Annexation - Land Lot 632, Parcels 53, 86 and 87, Mildred Place - 2.07 Acre Tract - Mary Perkinson, et al. Mr. Wright stated the subject property is currently used for residential purposes with no rezoning or redevelopment planned in the immediate future, and that the legal description of the subject property has been reviewed by the City Engineer with satisfactory results. The legal description of the subject property is as follows: All that certain property situated and being in Land Lot 632 ofthe 17th District and 2nd Section of Cobb County, Georgia, being Parcels 53,86, and 87, and more particularly described as follows: - BEGINNING at the intersection of the northern right-of-way of Spring Street with the eastern lot line of Land Lot 632; thence northerly along said lot line of Land Lot 632 a distance of 400 feet more or less to a point, said point being the POINT OF BEGINNING; thence continuing northerly along the eastern lot line of Land Lot 632 a distance of 330 feet to a point; thence westerly a distance of 200 feet to a point on the eastern right-of-way of Mildred Place; thence southerly along said right-of-way of Mildred Place a distance of 40 feet more or less to a point; thence westerly a distance of 21 0 feet to a point; thence southeasterly a distance of 110 feet more or less to a point; thence southeasterly a distance of 120 feet to a point on the western right-of- way of Mildred Place; thence easterly a distance of 50 feet to a point on the eastern right-of-way of Mildred Place; thence southerly along the eastern right-of-way of Mildred Place a distance of 40 feet more or less to a point; thence easterly a distance of 190 feet to the POINT OF BEGINNING. MOTION: Council Member Scoggins made a motion to approve the validation of application for annexation for Land Lot 632, Parcels 53, 86 and 87, Mildred Place for a 2.07 acre tract for Mary Perkinson, et aI., with a public hearing date set for November 17,2003. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (F) Appointment of Ward 4 Representative to the Keep Smyrna Beautiful Commission to Complete the Current Term Through December 31, 2003, and for an Additional Two- Year Term Through December 31, 2005 -- October 20, 2003 13 - Council Member Weeks stated that Ms. Virginia Davis, residing at 3372 Pine Tree Drive, has expressed willingness to serve as the Ward 4 representative to the Keep Smyrna Beautiful Commission. MOTION: Council Member Weeks made a motion to appoint Ms. Virginia Davis, residing at 3372 Pine Tree Drive, as the Ward 4 representative to the Keep Smyrna Beautiful Commission to complete the current term through December 31, 2003, and for an additional two-year term through December 31,2005. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. *(G) Approval of Change Orders 1 thru 3 for the Market Village Construction Mr. Wright stated that during the construction of the Market Village, there was some additional work required that was not anticipated in the original scope of services. Mr. Wright stated the additional work includes the resurfacing of King Street, additional earthwork, and adjustments of utility structures. Mr. Wright stated staff recommends approval of the change orders. Council Member Wood stated the additional work will cost $139,286.11. MOTION: Council Member Wood made a motion to approve Change Orders 1 thru 3 for the Market Village construction. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. - CONSENT AGENDA: (A) Approval of October 6,2003 Minutes (B) Approval of Special Event(s) Street Closings from Friday, October 24th at 9:00 a.m. until Sunday, October 26 at 10:00 p.m. - in the Village Green Area and New Activities in the Market Village on Saturday, October 25 The Fall Festival is an annual event requiring closure of Village Green Circle and connecting streets from 9:00 a.m. on Friday, October 24 until 10:00 p.m. on Sunday, October 26. It is requested that King Street from Bank Street be closed and access to Village Green Circle via Powder Springs be restricted at the Village Green side of the Library parking lot. No street closures for the Market Village have been requested. Atkins Park Tavern is requesting permission for general public activities in the fountain area (entertainment and beer sales) for a new activity, "Octoberfest," to take place from 5:00 p.m. until 9:00 p.m. in the Market Village on Saturday, October 25. The Fall Festival is an annual event with a history of street closing consistent with this year's request. "Octoberfest" in the Market Village is a new activity with no street closures requested. Approval of the requested street closures and Market Village activities is recommended. (C) Amendment to the Georgia Municipal Employees Benefit System (GMEBS) Master Defined Benefit Plan-Adoption Agreement - October 20, 2003 14 The original GMEBS Adoption Agreement, which was approved August 18, 2003, included a salary cap provision for appointed and elected officials. This proposed amendment would permit current members of the Governing Authority to voluntarily and irrevocably elect to be bound by the benefit computation cap (100% of final salary). Mayor and Council approved the original GMEBS Master Plan and Adoption Agreement on August 18, 2003. This Master Plan and AA, which was rcommended by GMA, allowed affiliated GMA Retirement Plans to maintain their tax-qualified status and to meet IRS regulations. Included in that original Adoption Agreement was a salary cap provision that applied only to elected or appointed officials that initially take office on or after August 18, 2003. This amendment will allow current officials to be subject to this salary cap provision. Approval of the Amendment to the GMEBS Adoption Agreement is recommended. (D) Extension of the Moratorium on the Issuance of Privilege Licenses for Vehicle for Hire for an Additional 30 Days until November 18, 2003 MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Cramer. Motion was approved 7 - o. - COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Ciaccio, who had no report. Council Member Pritchett recognized Mr. Seigler, who reported that City Library use statistics continue to trend upward. Mr. Seigler provided details of current programs and events at the City Library. Mr. Seigler expressed appreciation to Ofc. Clark Pino from the City police department and Lt. Ken Doty from the City fire department for the Homeland Security program they recently presented at the Library. - Council Member Pritchett recognized Ms. Bennett, and Ms. Bennett reported that the City's Fall Festival is scheduled for the upcoming weekend. Ms. Bennett stated the Fall Festival will include an Octoberfest this year. Council Member Pritchett expressed appreciation to the Ward 1 businesses, including Nalley Lexus, Doc's Restaurant, H. H. Gregg, Mimms Enterprises and ALOI Foods, for contributing to the block party last weekend. Council Member Pritchett stated the party was enjoyed by those who attended. Council Member Newcomb recognized Mr. Corey, who provided to those present details concerning positions for which the City is currently recruiting. Mr. Corey provided details regarding upcoming health and education fairs to those present. Council Member Newcomb commended Mr. Corey and the City's human resources staff for their professionalism and service to the City. Council Member Scoggins recognized Assistant Fire Chief Jason Lanyon. Assistant Fire Chief Lanyon stated that a fatality caused by a house fire recently occurred in the City, and that this fatality probably could have been prevented by an ordinary smoke alarm. Assistant Fire Chief Lanyon stated that smoke alarms are available to citizens from the City fire department at no cost. Assistant Fire Chief Lanyon stated that the upcoming Halloween festivities can pose hazards to children, and urged those present to be mindful of traffic safety when youngsters are away on Halloween night. Council Member Newcomb asked Assistant Fire Chief Lanyon what caused the - October 20, 2003 15 house fire alluded to, and Assistant Fire Chief Lanyon stated the fire appears to have been electrical in origin. - Council Member Weeks recognized Ms. Hiott, who stated that campaign contribution reports are due on October 25. Ms. Hiott stated that absentee ballot applications are still available at City Hall for those who may need them. Council Member Weeks expressed appreciation to Ms. Darlene Davidson for her many years of service to the City. Council Member Cramer recognized Ms. Kirk, who provided details of recent Keep Smyrna Beautiful activities to those present. Ms. Kirk reported that the yellow jonquils are available for sale. Council Member Cramer recognized Mr. Stokes, who provided details of City water main replacement, curb replacement, work on G. B. Williams Park, and other projects to those present. Mr. Stokes reminded those present that the City does not pick up trees cut down by tree surgeons, carpet and other materials removed from houses by contractors, property of evicted tenants and other items. Council Member Cramer recognized Mr. Hildebrandt, who had no report. Council Member Cramer commended Cobb Habitat for Humanity for the efforts they are making to improve the quality of housing they are making available. - Council Member Lnenicka recognized Mr. Miller, who provided details of current permit statistics to those present. Mr. Miller stated that work on the Livable Centers Initiative study is finishing, and that this measure will probably go before the city council in November for approval. Mr. Miller stated that work on the Tax Allocation District plan is progressing, and is expected to go before the Cobb County School Board and County Commissioners next month. Council Member Lnenicka reported that Deputy Chief Mike Brown from the City police department has been hospitalized recently, and asked those present to keep Deputy Chief Brown in their thoughts and prayers. Council Member Wood stated that City property tax bills have been sent out, and are due December 5. CITIZENS INPUT: Mayor Bacon reminded those present that the City general election will be held soon. Mayor Bacon encouraged City residents to find out al1 that tbey can about the candidates they wil1 have an opportunity to vote for. Mayor Bacon reminded those present that terms limits do exist in the form of term expiration dates, and that elected officials serve only as long as citizens are willing to re-elect them. ADJOURNMENT: With no further business, the meeting was adjourned at 10:05 p.m. - October 20, 2003 fi A. MAX BACON, MAYOR 7fW (l.t? e -/LLtU~ CHARLES PETE WOOD, WARD 7 16 (jA.ij)-&dJ {)./k!t6 / SUSAN D. HIOTT, CITY CLERK - / ( P AUI!,A A. WEEKS, WARD 4 WADE S. LNENICKA, WARD 6 - - - Applicant: Application No.: Cobb County Habitat for Humanity, Inc. Z03-020 (2003) DISCLOSURE REPORT BY APPLICANT '...,.. Has the applicant* made, within two years immediately preceding the filing of this application for rezoning, campaign contributions aggregating $250 or more or made gifts baving in the aggregate a value of$250 or more to the Mayor or any member of the City Council or Planning and Zoning Board who will consider this application? Yes. If so, the applicant* and the attorney representing the applicant* must file a disclosure report with the Mayor and City Council of the City of Smyrna., within 10 days after this application is first filed. Please supply the following information, which will be considered as the required disclosure: The name of the Mayor or member of the City Council or Planning and Zoning Board to whom the campaign contribution or gift was made: Mayor Max Bacon ~ The dollar amount of each campaign contribution made by the applicant* to the Mayor or any member of the City Council or Planning and Zoning Board during the two years immediately preceding the filing of this application, and the date of each such contribution: $500.00 on September 24. 2003 An enumeration and description of each gift having a value of $250 or more by the applicant* to the Mayor or any member of the City Councilor Planning and Zoning Board during the two years immediately preceding the filing of this application: Political Contribution Does the Mayor or any member of the City Council or Planning and Zoning Board have a property interest (direct or indirect ownership including any percentage of o\Wership less than total) in the subject property? No, to the best of our knowledge, information, and belief. If so, describe the nature and extent of such interest Not Applicable '~ -- -:... ZONING DISCLOSURE REPORT (Continued) \.. Does the Mayor or any member of the City Council or Planning and Zoning Board have a financial interest (direct ownership interests of the total assets or capital stock where such ownership interest is 10% or more) ofa corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust, which has a property interest (direct or indirect ownership, including any percentage of ownership less than total) upon the subject property? No, to the best of our knowledge, information, and belief. Ifso, describe the nature and extent of such interest Not applicable. Does the Mayor or any member of the City Council or Planning and Zoning Board have a spouse, mother, father, brother, sister, son, or daughter who has any interest as described above? No, to the best of our knowledge, information, and belief. If so, describe the relationship and the nature and extent of such interest Not applicable. If the answer to any of the above is "Yes", then the Mayor or the member of the City Council or Planning and Zoning Board must immediately disclose the nature and extent '-' of such interest, in writing, to the Mayor and City Council ofthe City of Smyrna A copy should be filed with this application. Such disclosures shall be a public record and available for public inspection any time during normal working hours. We certify that the foregoing information is true and correct, this of October .~.-?003. 20th day LLP Kevin Moore, Georgia Bar No, 519728 (Attorney's Signature, ifapplicable) Attorneys for Applicant and Property Owner -., ,.." October 6, 2003 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran and representatives of the press. Invocation was given by Mr. Brian Beaty from the Smyrna Fire Department, followed by the pledge to the flag. AGENDA CHANGES: There were none. CITIZENS INPUT: Council Member Scoggins read a Proclamation for Public Safety Appreciation Week to those present, and presented the Proclamation to Mr. Beaty. Mr. Wright stated that the Cobb County Chamber of Commerce (CC) nominated Ms. Koni Jabaley from the City fire department and Ofc. Ken Owens from the City police department in connection with CC's annual Public Safety Officer of the Year recognition. Mr. Wright stated that Ofc. Owens received the Award of Valor on the present date in recognition ofthe efforts he made to help save an individual's life. - Mayor Bacon recognized Mr. Don Whitney, Founder of the 10K Classic and President of Corporate Sports Limited, and Mr. Whitney expressed appreciation to the City for helping to make this event a success this year. Mr. Whitney provided details to those present about the funds raised during this event and the worthwhile causes for which the proceeds will be used. Mr. Whitney presented the Mayor and Council Members a plaque in appreciation of the City's support of the I OK Classic event. Mayor Bacon recognized Mr. Curt Johnston, Principal Mark Marshall, Mrs. Jean Weaver, Mrs. Tamara Moreland and students from Griffin Middle School (GMS). The GMS students presented this month's Character Education Words. Mayor Bacon recognized Mr. Howard Smith, residing at 2207 Austin Lake Drive, and Mr. Smith stated he is a candidate for the Ward 4 Smyrna city council post. Mr. Smith provided details regarding his ongoing election campaign to those present. Mayor Bacon recognized Mr. Alex Backry, and Mr. Backry stated he is a candidate for mayor of the City of Smyrna. Mr. Backry expressed various concerns regarding the manner in which the City government is managed. - Mayor Bacon recognized Mr. Mike McNabb, residing at 750 Austin Drive, who stated he is a candidate for the Ward 4 Smyrna city council post. Mr. McNabb commended Mr. Rickey Holbert of the City Water Department for the assistance Mr. Holbert rendered to Mr. and Mrs. Vernon Maney at 3654 Lake Drive. Mr. McNabb stated that Mr. Holbert and other City personnel responded in a prompt, courteous and professional manner to a recent request for repairs to the water service connection at Mr. and Mrs. Maney's residence. Mr. McNabb asked the Mayor and Council Members for their assistance with a complaint from numerous persons regarding traffic problems in the area of Concord Road. October 6, 2003 2 Mayor Bacon recognized Mr. Garry Osborne, and Mr. Osborne stated he is a candidate for the Ward 7 Smyrna city council post. Mr. Osborne provided details of his background and qualifications to those present. Mr. Osborne asked the citizens for their support of his candidacy. - Mayor Bacon recognized Ms. Janice Ayers, and Ms. Ayers stated she is speaking on behalf of citizens who have relatives interred in the New Smyrna Cemetery. Ms. Ayers expressed concern about conditions at this cemetery, and asked the Mayor and Council Members for their assistance with resolving this problem. Mayor Bacon stated he understands that the owners of the cemetery property are trying to devise some plan for providing continuing maintenance of this property. Mayor Bacon recognized Ms. Joann McDowell, and Ms. McDowell expressed concern about conditions at the New Smyrna Cemetery. Ms. McDowell presented copies of letters to Mayor Bacon in which her concerns are set forth. Ms. McDowell stated these letters were sent to Mayor Bacon previously. Ms. McDowell asked the Mayor and Council Members for their assistance in resolving this problem. MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Variance Request V03-028 - Reduction in Rear Yard Setback - South Cobb Drive and Windy Hill Road - Alterman Properties Mayor Bacon recognized Mr. Chip Evans, who stated a reduction in rear yard setback from 50' to 10' at the subject property is requested. Mr. Wright stated that staff recommends approval of the proposed variance subject to the development conforming to the site plan submitted with the variance application and the dedication of a 20' wide public easement for a sanitary sewer extension if deemed necessary during building plan review. - Mayor Bacon stated this is a public hearing and asked for public comment, and that oath was administered to several persons by Mr. Cochran. Council Member Cramer recognized Mr. Evans, and asked Mr. Evans to explain to those present the need for the requested variance. Mr. Evans stated the subject tract is triangular in shape, and that approval of the requested setback reduction would enable the developer to build a larger retail facility there. Council Member Cramer asked Mr. Evans if dedication of a 20' wide public easement for possible construction of a sanitary sewer extension on the subject property is acceptable, and Mr. Evans answered in the affirmative. Council Member Lnenicka asked Mr. Evans what capacity he represents Alterman Properties (AP) in, and Mr. Evans stated he is a general contractor. Mayor Bacon recognized Mr. Martin Jeneff, owner and operator of Champ's Bar-B-Q. Mr. Jeneff expressed opposition to the proposed demolition of the building currently housing Champ's Bar-B-Q called for in AP's plans for the subject property. Mr. Jeneff stated he has two and a half years remaining on his lease of the subject premises, with an option for an additional five years. Mr. Jeneff stated he intends to continue to operate his business at the current location for the duration of his current lease and the lease option. Mayor Bacon stated the City can make a decision on the requested variance, but not the planned demolition of the existing building. - October 6, 2003 3 - Mayor Bacon stated that Champ's Bar-B-Q has been a positive business presence in the City, and that he would like to see this business continue to operate. Council Member Lnenicka reiterated that the City can make a decision on the requested variance, but that the disposition of leases and existing buildings is not within the purviews of a local government's responsibilities. Mayor Bacon recognized Mr. Jimmy Munger, who requested to see a copy of the plans for the subject location. Council Member Cramer stated that only the variance request for the subject property will be voted on at the present meeting, and that a building permit specific to the site plan for the subject property will have to be approved at a subsequent time. MOTION: Council Member Cramer made a motion to approve Variance Request V03-028 for a reduction in rear yard setback from 50' to 10' at South Cobb Drive and Windy Hill Road for Alterman Properties with the condition that a 20' wide public easement for a sanitary sewer extension be dedicated if deemed necessary during building plan review. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. FORMAL BUSINESS: (A) Approval of Resolution Regarding TEFRA Hearing for the Housing Authority of the City of Smyrna - Mr. Wright stated the Housing Authority of the City of Smyrna (SHA) is issuing bonds in the amount of $11 ,200,000 for the purchase and renovation of the Carriage House Apartments. Mr. Wright stated the bonds are to be paid back with revenues from apartment rentals. Mr. Wright stated the Internal Revenue Code requires the City government to approve any bonds issued by the SHA. Mr. Wright stated that, because the subject property is located in the area of ongoing study covered by the Livable Centers Initiative (LCI), staff recommends tabling this measure until a subsequent meeting to provide time to examine how the proposed project may be impacted by the LCI study. MOTION: Council Member Wood made a motion to table approval of a resolution regarding the TEFRA hearing for the Housing Authority of the City of Smyrna until the October 20, 2003 council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (B) Appointment of Ward 6 Representatives to the Senior Advisory Council Council Member Lnenicka recommended Mr. Tan Lightsey and Mrs. Alice Lightsey, residing at 3072 Montclair Circle, for appointment to the Senior Advisory Council. MOTION: Council Member Lnenicka made a motion to appoint Mr. Tan Lightsey and Mrs. Alice Lightsey to the Senior Advisory Council. The motion was seconded by Council Member Wood. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: .. (A) Approval of September 15,2003 Minutes (C) (D) October 6, 2003 4 (B) Request for Bids to Replace 583' of Storm Sewer on Creatwood Trail and Navajo Trail Public Works requests to replace 583' of storm sewer on Creatwood Trail and Navaho Trail. The existing storm sewer on Creatwood Trail at Creatwood Park and Navaho Trail is failing due to dilapidation, age and inadequacy. This area is prone to flooding and has flooded one home on occasion and threatens another. Because of the age ofCreatwood Subdivision, our minimum storm sewer design is not met. Replacing the storm sewer in this area will take care of the failing and dilapidated pipe which will also greatly reduce the possibility of flooding. Public works staff and the City Engineer recommend replace- ment and upgrade of this portion of storm sewer. Public Works requests to split the cost of this project using budgeted funds and contingency. - Approval of Amendment to City of Smyrna Incentive Proficiency Pay Policy The purpose of this program is to encourage job related higher education professional development and to provide an incentive to city employees for broadening their educational background in order to become more proficient and professional in the performance of their respective city jobs. According to the proposed policy, upon completion of an approved degree, diploma, or certification program, a city employee will be awarded a one-time bonus as a percentage of his/her current rate of pay. All regular status full time employees are eligible to participate in the Incentive Proficiency Pay program. Approval of Proposed Amendments to Joint Use Agreement between the Cobb County School District and the City for Use of the Campbell Middle School Sports Complex The amendment to the Facility Use Agreement for Campbell Middle School athletic fields and related facilities serves to extend the relationship between Cobb Schools and the City another 5 years. The amendment also better defines the specific facilities the City requires for its adult and youth league play. Amendments were necessary to change the facility agreement heretofore known as Baseball Complex to Sports Complex and to list all sports played at Campbell Middle rather than baseball only. The use agreement highlights the City's use of the fields and stadia through the permitting process for SAA Football and Cheerleading, Smyrna Soccer Club, Smyrna Little League, Campbell ih and sth Grade Football and Baseball programs, and Men's Senior Baseball. The Parks and Recreation Department is responsible for the day to day maintenance of the complex. - (E) Approval of Proposed Amendments to Joint Use Agreement between the Cobb County School District and the City for Use of Ward Park The amendment to the Facility Use Agreement for the Ward Park baseball field, storage and concession buildings, and other park property at the park, is merely an extension of the existing relationship between Campbell High School and the City. This amendment extends the use agreement to February 26, 2008. The use agreement allows Campbell High School use of Ward Park for the school baseball program. Coaches and volunteers are responsible for the day to day maintenance of the field, buildings, and grounds. The agreement also allows Campbell to coordinate and/or rent the field to other interests such as Men's Senior Baseball, Smyrna Little League, and the Campbell 7th and 8th Grade Baseball programs. (F) Approval of Use of Council Chambers by the Cobb County Board of Elections for Touch-Screen Voting Machine Training on Wednesday, October 15,2003 -- October 6, 2003 5 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: Mr. Wright introduced Mr. John Davis, the City's Animal Control Officer since August 18 of the current year, to those present. Mayor Bacon welcomed Mr. Davis to the City staff. Council Member Pritchett announced a Ward I block party will be held at Jonquil Park on October 18. Council Member Pritchett stated that some of the business concerns in Ward I, including ALDI Foods, Nalley Lexus, Doc's, H. H. Gregg and Mimms Enterprises, will provide refreshments and entertainment for the guests. Council Member Newcomb yielded the floor with no report. Council Member Scoggins congratulated Ofc. Ken Owens on receiving the Award of Valor. Council Member Scoggins commended the City's public safety personnel for their professionalism and service to the community. Council Member Weeks commended Ms. Jabaley and Ore. Owens for the recognition they received in connection with Public Safety Appreciation Week. Council Member Cramer yielded the floor with no report. - Council Member Lnenicka commended the employees of the City Public Works Department for the courtesy and professionalism they demonstrated when responding to recent requests for servIce. Council Member Wood stated the results of the recent City audit should be forthcoming III approximately one month. Mr. Wright stated that the Smyrna Revitalization Authority will be meeting next Wednesday evening at the Community Center. Mr. Wright stated that the level of citizen participation in the review of possible revitalization solutions for the City has been high, and that he looks forward to hearing the recommendations for revitalization that should be available within a few months. Ms. Hiott reminded those present that absentee ballot voting for the upcoming City general election will be available through the Cobb County Board of Elections. CITIZENS INPUT: Mayor Bacon recognized Mrs. Cindy Smith. Mrs. Smith stated she is the wife of Mr. Jimmy Smith, who is a candidate for the Ward 4 Smyrna city council post. Mrs. Smith provided details of Mr. Smith's background and campaign platform to those present. Mrs. Smith asked those present for their support of Mr. Smith's candidacy. Mayor Bacon recognized Captain David Farmer, and Captain Farmer asked the Mayor and Council Members for permission to solicit donations for the Muscular Dystrophy Foundation. - October 6, 2003 6 Mayor Bacon stated there is a City general election scheduled soon, and that a number of people are campaigning in this election. Mayor Bacon stated that there will be times when citizens will hear things in connection with the election campaign that are totally unbelievable. Mayor Bacon stated that if a citizen hears something about a particular candidate, the citizen should contact that candidate directly to answer any questions they may have. Mayor Bacon stated that citizens should find out as much as they can about the candidates they will have an opportunity to vote for in order to make an informed choice. Mayor Bacon urged all citizens to exercise their privilege to vote. ADJOURNMENT: - With no further business, the meeting was adjourned at 8:47 p.m. A. MAX BACON, MAYOR ~fft CHARLES PETE WOOD, WARD 7 g~,{;7;c~~ ~~ 1A-- RON NEWCOMB, WARD 2 - .-