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04052004 April 5, 2004 Council Meeting April 5, 2004 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran and representatives of the press. Invocation was given by Reverend Joey Hatchell from Faith United Methodist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that two individuals will be appointed to the Smyrna Housing Authority during the formal business segment of the meeting. CITIZENS INPUT: Mayor Bacon recognized Ms. Pamela Terry, residing on Dunn Street, and Ms. Terry invited those present to the Forest Hills Preservation Group home and garden tour on May 1. Mayor Bacon recognized Mr. Alex Backry, who expressed views regarding animal control matters to those present. Mayor Bacon recognized Ms. Crutchfield, representing the American Legion Auxiliary, and Ms. Crutchfield provided details of recent American Legion activities to those present. Ms. Crutchfield invited those present to participate in a fundraising event to be held later this month. - Mayor Bacon recognized Mr. Terry Schultz, residing on Starline Drive, and Mr. Schultz provided information to those present concerning his efforts to provide donation assistance for planting of cypress trees at a local ball field. MAYOR'S REPORT: Mayor Bacon had nothing to report. LAND ISSUES/ZONING/ANNEXATION: (A) Approval of Annexation Request (request by 100% of owners) - Land Lot 632, Parcel 90 - 0.30 Acre Tract - 2743 Mildred Place - Rupesh and Upasna Sharma Mr. Wright stated the subject property is currently used for residential purposes with no rezoning or redevelopment planned in the immediate future. Mr. Wright stated the legal description of the subject property has been reviewed by the City Engineer with satisfactory results. MOTION: Council Member Scoggins made a motion to approve the annexation request for Land Lot 632, Parcel 90, for a 0.30 acre tract at 2743 Mildred Place for Rupesh and Upasna Sharma. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - April 5. 2004 2 (B) Approval of a Six-Month Extension on the Moratorium on Accepting Applications for Signs Larger than 250 Square Feet Mr. Wright stated this moratorium on certain sign applications was originally approved last November, and that a six-month extension of the moratorium is recommended. Council Member Newcomb stated this moratorium is presently in effect because of a challenge to part of the sign ordinance pending in Federal court. - MOTION: Council Member Newcomb made a motion to approve a six-month extension of the moratorium on accepting applications for signs larger than 250 square feet. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (C) Approval of Name Change Request for Apartment Complex - 2700 Valley Road Mr. Wright stated a request has been made to change the name of Harmony Valley Apartments to Valley Woods Apartments. Mr. Wright stated that staff reviews such requests for name changes to ensure that the proposed change does not create any conflicts or confusion, especially in regard to the provision of emergency services. Mayor Bacon recognized Mr. Chip Fife, owner of Harmony Valley Apartments. Council Member Scoggins commended Mr. Fife for maintaining his apartment complex in good order. Council Member Smith asked Mr. Fife why he wishes to have the name of this apartment complex changed. Mr. Fife stated the sales contract for the subject property includes a stipulation requiring the name of the complex to be changed within 30 days of closing. Council Member Scoggins stated that staff members of pertinent departments have examined this request, and that all reviewing officials have recommended approval of the proposed name change. - MOTION: Council Member Scoggins made a motion to approve the request to change the name of the rental property at 2700 Valley Road to Valley Woods Apartments. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (D) Public Hearing - Variance Request V04-009 - Reduction in Front Yard Setback - 168 Concord Close Circle - Benchmark International Homes Mr. Wright stated that, according to the stipulations approved with the rezoning of the subject property, the minimum front yard setback is 20.' Mr. Wright stated that because the applicant would like to reduce the minimum front yard setback for the subject parcel to 10,' a variance is required. Mr. Wright stated Staff recommends approval of the requested variance provided the length of the setback between the front property line and the garage is a minimum of 19.' Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Scott Justus, and asked Mr. Justus to explain the need for the requested variance to those present. Mr. Justus stated the subject lot is located on a cul-de- sac, and that the property is not large enough to accommodate a house comparable in size to the other houses in the same subdivision. Mr. Justus stated the requested reduction in front yard setback would make it possible to build a house on the subject lot with dimensions similar to those of surrounding structures. Council Member Wood asked Mr. Justus if he would be agreeable to making the length of the setback between the front property line and the garage a minimum of 20,' and Mr. Justus answered in the affirmative. - April 5. 2004 3 - MOTION: Council Member Wood made a motion to approve Variance Request V04-009 for a reduction in front yard setback at 168 Concord Close Circle for Benchmark International Homes provided the length of the setback between the front property line and the garage is a minimum of 20.' The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (E) Public Hearing - Variance Request V04-01O - Reduction in Side Yard Setback - 1380 Roswell Street - Bonnie Futrell Mr. Wright stated a reduction in side yard setback has been requested in order to build a garage. Mr. Wright stated the variance for reduction in front yard setback has been requested in order to build a front porch which will conform to the home's existing front yard setback. Mr. Wright stated that staff supports both variance requests. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Futrell, and asked Mr. Futrell to provide details to those present concerning the improvements he proposes to make at the subject property. Mr. Futrell stated that planned renovations will expand the residence from its original 900 s.f. to approximately 4500 s.f. Council Member McNabb asked Mr. Futrell if he has discussed his renovation plans with the owners of adjoining properties, and Mr. Futrell answered in the affirmative. Council Member Smith asked Mr. Futrell if the subject property will be used as Mr. Futrell's residence, and Mr. Futrell said no. MOTION: Council Member Scoggins made a motion to approve Variance Request V04-01O for a reduction in side yard setback at 1380 Roswell Street. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. ... (F) Public Hearing - Variance Request V04-011 - Reduction in Front Yard Setback - 1380 Roswell Street - Bonnie Futrell Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to approve Variance Request V04-011 for a reduction in front yard setback at 1380 Roswell Street. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. PRIVILEGE LICENSE: (A) Public Hearing - Privilege License Request - Retail Package Sales (Beer & Wine) - The Wine Cellars, Inc. - 1275 West Spring Street, #B - Faith Renee' Rowe, Applicant Mr. Wright stated that staff has reviewed the submitted application and found it to be complete, and that inquiry by the City police department has revealed 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 Mrs. Faith Rowe and Mr. Wayne Rowe. Council Member Scoggins asked Mrs. Rowe to explain to those present the policies and procedures she plans to implement in order to comply with alcoholic beverage sales regulations. Mrs. Rowe stated that all customers of The Wine Cellars, Inc. (WC) will be required to present proper identification April 5. 2004 4 before any alcoholic beverages are sold. Council Member Scoggins asked Mrs. Rowe to provide to those present details of the type of business she plans to operate in the City. Mrs. Rowe stated that she presently operates an internet-based business selling wine-related merchandise. Mrs. Rowe stated that the merchandise at WC will include wine, specialty beer, decanters, corkscrews, stoppers and other wine-related accessories. Mrs. Rowe stated that books and other educational materials pertaining to wine will be available at WC. Council Member McNabb asked Mrs. Rowe what the hours of operation at WC will be. Mrs. Rowe stated WC will be open for business Monday through Thursday from 10:00 a.m. until 8:00 p.m., and Friday and Saturday from 10:00 a.m. until 10:00 p.m. Council Member McNabb asked Mrs. Rowe if any wine tasting sessions will be held at We. Mrs. Rowe stated that some educational tastings will be held on Saturdays, with distributors on site to provide information about wine to WC patrons. Council Member Lnenicka asked Mrs. Rowe when WC will be open for business, and Mrs. Rowe stated a grand opening is scheduled for May 15. - MOTION: Council Member Scoggins made a motion to approve the privilege license request for retail package sales (beer and wine) for The Wine Cellars, Inc. at 1275 West Spring Street, #B for Faith Renee' Rowe, Agent on the condition that the proposed retail space for the business is completed and a certificate of occupancy for the premises is issued by a City building inspector. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. FORMAL BUSINESS: (A) Appointment of Members to the Smyrna Housing Authority Council Member Pritchett stated Ms. Lana Chase has served the City well through her service on the Smyrna Housing Authority (SHA), but that Ms. Chase will be relinquishing her post on the SHA because of work and other schedule conflicts. - MOTION: Council Member Pritchett made a motion to appoint Earnie Curtis, residing at 2686 Farmstead Road, to the Smyrna Housing Authority. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (Clerk's Note: This appointment is for the remainder of the term expiring May 2, 2005) Council Member Wood stated that Mr. J. L. Brooks is no longer a resident of Ward 7 since the last redistricting. Council Member Wood expressed appreciation to Mr. Brooks for his many years of service on the SHA, and stated he is glad Mr. Brooks will continue to work on the SHA in another ward. MOTION: Council Member Wood made a motion to appoint Mr. Miller Davis, residing at 420 Havilon Way, to the Smyrna Housing Authority. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (Clerk's Note: This appointment is for the remainder of the term expiring May 2, 2008) (B) Public Hearing - Notice of Intent to Update the City of Smyrna Solid Waste Management Plan Short Term Work Program Mr. Wright stated the short term work program (STWP) is a plan that specifies actions to be taken over the next several years to manage the City's solid waste program. Mr. Wright stated a public hearing is held to solicit public comment and input concerning the City's solid waste management plan. Mr. Wright recognized Mr. Mike Warrix, representing Keck & Wood, Inc., and Mr. Wright asked Mr. Warrix to provide additional details regarding the STWP update to those present. Mr. - April 5. 2004 5 - Warrix stated that formulation of a solid waste management plan by local governments is required by law. Mr. Warrix provided details to those present regarding the various components that comprise a solid waste management plan. Mr. Warrix stated this STWP update will be effective until June, 2006, at which time the City will need to create a new solid waste management plan. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. (C) Appointment of Members to the Downtown Development Authority Mr. Wright stated that the current members of the Downtown Development Authority (DDA) include Hubert Black, C. J. Fouts, Kimberly Gangemi, Jim Pitts, Eric Cash, Doug Stoner, and Larry Freeman, and that all of these citizens have expressed interest in reappointment to another term on the DDA. Council Member Wood stated that DDA members are appointed for one year terms. MOTION: Council Member Wood made a motion to reappoint Hubert Black, C. J. Fouts, Kimberly Gangemi, Jim Pitts, Eric Cash, Doug Stoner, and Larry Freeman for another one-year term on the Downtown Development Authority. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (D) Appointment of Ward 6 Member to the Keep Smyrna Beautiful Commission ... Council Member Lnenicka stated that Ms. Cynthia Grayson has resigned from the Keep Smyrna Beautiful Commission (KSB), and Council Member Lnenicka expressed appreciation to her for her service to the community. MOTION: Council Member Lnenicka made a motion to appoint Ms. Nell Robinson, residing at 3500 Lee Street, as the Ward 6 representative to the Keep Smyrna Beautiful Commission to complete the unexpired term. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (Clerk's Note: This appointment is for the remainder ofthe term expiring December 31, 2004) (E) Appointment of Ward 4 Member to the Keep Smyrna Beautiful Commission Council Member McNabb stated that Ms. Virginia Davis was the Ward 4 representative to KSB, and that Ms. Davis has left that post to become the Assistant Director of KSB. MOTION: Council Member McNabb made a motion to appoint Mr. David Brown, residing at 3279 Lee Street, as the Ward 4 representative to the Keep Smyrna Beautiful Commission. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (Clerk's Note: This appointment is for the remainder of the term expiring December 31, 2005) COMMERCIAL BUILDING PERMITS: There were none. - April 5. 2004 6 CONSENT AGENDA: (A) Approval of March 15, 2004 Minutes - (B) Approval of Street Closings for a Special Event in the Market Village on Saturday, April 24,2004 Atkins Park Tavern and Vintage Tavern/Zucca's are requesting street closings and permission to hold a Crawfish Boil in the Market Village and request permission for activities in the fountain area and the top (Atlanta Road entrance) side of the Market Village for entertainment, food and beer sales. Event duration - 2:00 p.m. to 11 :00 p.m. Requested street closings as follows: Top semi-circle of the Market Village at the Atlanta Road entrance, fountain area pass-by closed to vehicle traffic ending at the edge of the drives on the sides of Atkins Park Tavern and Cafe Michel. Streets would be closed no later than 2:00 p.m. on Saturday, April 24 and will remain closed through cleanup after the event, occurring around or after midnight. Event ends at 11 :00 p.m. on Saturday, April 24. (C) Bid Award #4-013 - Replacement Ford F550 Truck with Service Body Staff has budgeted for the replacement of one garage service truck in the CIP. Seven vendors were solicited for bids with four responding as follows: Peach State Truck Center - $51,615.95 Wade Ford - $49,925.85 Allen Vigil South Lake Ford - $49,995.00 Family Ford - $49,999.99 Staff has reviewed the bids and recommends award to Wade Ford in the amount of $49,925.85. - (D) Purchase of Fire Safety Trailer Proposals were requested and two were received on March 17,2004. Mobile Concepts by Scotty took no exceptions and had a 245 day delivery time. Surrey Fire Safety House took some exceptions and had a 365 day delivery time. Staff recommends award of this bid to Mobile Concepts by Scotty for the amount of $55,169.00. A Federal grant will cover 90% of this proposed expenditure. (E) Revision of City of Smyrna Personnel Policies and Procedures In order to comply with ever-changing laws and to maintain good human resources functions, the Human Resources Department, with assistance from Elarbee, Thompson, Sapp & Wilson (GIRMA attorneys) recommend revision of the following City of Smyrna Personnel Policies and Procedures: (5) Sexual and Other Forms of Illegal Harassment, (6) Ethical Conduct, (7) Recruitment and Selection of Personnel. A number of the city's current personnel policies were made effective approximately August 1, 1993, and since that time laws have changed and personnel procedures have become more complex. The proposed changes are either grammatical in nature or include some changes to wording as recommended by the GIRMA attorneys. Approval of these proposed changes is recommended. (F) Approval to close Collier Gate Court at the cul-de-sac on Saturday, April 17th, from 3:00 p.m. - 7:00 p.m. for a Neighborhood Party - April 5. 2004 (G) - (H) - 7 Approval of Street Closures for Events on the Village Green, around City Hall and in the Market Village on Saturday, April 24 and Sunday, April 25 The City is hosting the Spring Jonquil Festival on Saturday, April 24 and Sunday, April 25. Village Green Circle and connecting streets need to close as early as 9:00 a.m. on Friday, April 23 for these activities. These streets should remain closed through Sunday, April 25. The Jonquil City Jog will require the closure of the lower section of the Market Village at the pavilion parking spaces and new construction, King Street at Bank Street to Stephens Street and Bank Street to Hamby for the duration of the race. Hamby to Powder Springs will be closed for the beginning of the Jonquil City Jog but will reopen as the participants clear the course. Two lanes of Atlanta Road down to Campbell Middle School will be closed at the beginning of the race (prior to 8:00 a.m.) by the Police Department and all intersections will be manned by police officers until the last participants clear the course. Streets between City Hall and the Market Village will be closed as early as 4:00 a.m. on Saturday, April 24 and will open around or before 11 :00 a.m. on the same day. Atlanta Road is expected to be clear of participants and water stations no later than 11:00 a.m. on Saturday, April 24. Approval of Johnson Controls Project Development Agreement Johnson Controls has completed a feasibility study that identified a number of cost savings and revenue increases that could accrue to the City if certain projects were implemented, such as upgrading water meters to radio read meters (which would increase revenues and free up man-hours), replacing inefficient indoor and outdoor lighting with more energy-efficient lighting, and replacing traffic signal lamps with high efficiency LED lighting. The preliminary estimate projects net savings to the City of $70,000 to $85,000 annually. The project development agreement will produce data on which a guaranteed performance contract will be based. Should the City choose not to implement any of the guaranteed projects, the City will pay the actual cost of developing the program. Staff recommends that Mayor and Council approve the Project Development Agreement with Johnson Controls. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett stated she is not a candidate for the 6th District post of the State Senate. Council Member Newcomb yielded the floor with no report. Council Member Scoggins yielded the floor with no report. Council Member McNabb yielded the floor with no report. Council Member Smith yielded the floor with no report. Council Member Lnenicka stated he is looking forward to the upcoming neighborhood party at Collier Gate. Council Member Lnenicka provided details to those present regarding the recent visit of U.S. Government officials to the Veterans Memorial. Council Member Lnenicka provided details to those present concerning events planned for the Veterans Memorial during the upcoming Memorial Day holiday. - April 5, 2004 8 Council Member Wood yielded the floor with no report. Mayor Bacon expressed appreciation to the citizen members of DDA, KSB, SHA and other City boards and commissions for their important contributions to the community. Mayor Bacon thanked the associates of the Forest Hills Preservation Group for inviting everyone to their upcoming home and garden tour. CITIZENS INPUT: There were no additional comments. ADJOURNMENT: - With no further business, the meeting adjourned at 8:27 p.m. -:-"~ ,~// .//~~--- j/" ',~ r 1DAffi)~ A. MAX BACON, MAYOR SUS N D. HIOTT, CITY CLERK p';/j /7 1/ . 1/ !/ " (' ~.J J~ RON NEWCOMB, WARD 2 - Yv1~ m~f'IJ'~ MICHA~ McNABB, W AIm 4 \ c~kw~ - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 632 Acres .03 2004-12 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent ofthe land described in Exhibit "A" attached hereto have been notified ofthe City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on April 5, 2004 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and ofthe citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and ... NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. A. Max Bacon, Mayor qf~~~t!~ City of Smyrna ... .l~-- Scott A. Cochran, City Attorney City of Smyrna -. Ordinance # 2004 - 12 - Exhibit "A" All that certain property situated and being in Land Lot 632 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Parcel 90, and more particularly described as follows: BEGINNING at the intersection of the eastern right-of-way of Mildred Place with the southern right-of-way of Donna Lynn Drive, said point being the POINT OF BEGINNING; thence South 76 degrees 17 minutes East along said right-of-way of Donna Lynn Drive a distance of 132.3 feet to a point; thence South 03 degrees 02 minutes East a distance of 114.0 feet to a point; thence North 76 degrees 34 minutes 30 seconds West a distance of 165.0 feet to a point on the eastern right-of-way of Mildred Place; thence North 15 degrees 38 minutes 07 seconds East along said right-of-way of Mildred Place a distance of 110.0 feet to the POINT OF BEGINNING. - -