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02-06-2006 February 6, 2006 February 6, 2006 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present except Council Member Scoggins. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Keep Smyrna Beautiful Director Ann Kirk and representatives of the press. Invocation was given by Reverend Bill Cody from Tillman United Methodist Church, followed by the pledge to the flag. Mayor Bacon recognized Congressman David Scott, and Congressman Scott thanked Mayor Bacon and the council members for inviting him to this meeting. Congressman Scott provided details to those present concerning the recent congressional redistricting in this area and key areas of legislative interest. Congressman Scott provided details to those present regarding a recent trip he made to Iraq, and commented favorably about the members of the U.S. military serving there. AGENDA CHANGES: Mayor Bacon stated agenda items 4 A and B (Public Hearing - Rezoning Request Z05-033 - GC to RAD Conditional- 5.55 Acre Tract - Camp Highland Road - Traton of Georgia, LLC and Public Hearing - Rezoning Request Z06-00 1 - Cobb County R-20 to RAD Conditional - 41.85 Acre Tract - Fontaine Road near East/West Connector) will be tabled until the March 6, 2006 meeting. MAYOR'S REPORT: - Mayor Bacon recognized Principal Judy Hansard and students from Argyle Elementary School, and the students presented this month's Character Education Program. Mayor Bacon recognized Ms. Betty Turley representing the Smyrna Optimist Club, and Council Member Lnenicka read a Proclamation for Fire Department Appreciation Day to those present. Ms. Turley accepted the Proclamation on behalf of the Smyrna Optimist Club with thanks. Ms. Turley asked those present to express their approval and appreciation of the City's fire safety professionals for the positive difference they make in the community. Mayor Bacon recognized Ms. Kirk, and Council Member Pritchett read a Proclamationfor Arbor Day to those present. Ms. Kirk provided details to those present concerning planned activities relating to Arbor Day. Council Member Wood stated that Mr. Hines Ward, who distinguished himself during this year's Super Bowl game, is a Smyrna resident and congratulated Mr. Ward for his achievements on the playing field. Mayor Bacon stated Council Member Scoggins is not feeling well today and was unable to attend this meeting. Mayor Bacon wished Council Member Scoggins a swift recovery. - February 6. 2006 2 LAND ISSUES/ZONING/ANNEXATION: (A) Public Hearing - Rezoning Request Z05-033 - GC to RAD Conditional- 5.55 Acre Tract - Camp Highland Road - Traton of Georgia, LLC - MOTION: Council Member Wood made a motion to table Rezoning Request Z05-033 from GC to RAD Conditional for a 5.55 acre tract at Camp Highland Road for Traton of Georgia, LLC until the March 6, 2006 meeting. The motion was seconded by Council Member Smith. Motion to table the measure was approved 6 - O. (B) I.Public Hearing - Rezoning Request Z06-001 - Cobb County R-20 to RAD Conditional- 41.85 Acre Tract - Fontaine Road near East/West Connector MOTION: Council Member Wood made a motion to table Rezoning Request Z06-001 from Cobb County R-20 to RAD Conditional for a 41.85 acre tract at Fontaine Road near East/West Connector until the March 6, 2006 meeting. The motion was seconded by Council Member Lnenicka. Motion to table the measure was approved 6 - O. 2.Annexation Request (100% of owners requesting annexation) - 41.85 Acre Tract - Land Lots 332, 333, 388 and 389 - Fontaine Road near East/West Connector - Southeast Fontaine, LLC and Cooper Lake Limited Partnership MOTION: Council Member Wood made a motion to table annexation request for a 41.85 acre tract in Land Lots 332, 333, 388 and 389 at Fontaine Road near East/West Connector for Southeast Fontaine, LLC and Cooper Lake Limited Partnership until the March 6, 2006 meeting. The motion was seconded by Council Member Lnenicka. Motion to table the measure was approved 6 - o. - (C) Public Hearing - Rezoning Request Z06-008 - (Zoning Amendment) - King Springs Road and Kingsview Drive - Shepardson Homes, LLC Mr. Wright stated the applicant is requesting amendment of zoning stipulations approved for property rezoned on October 17,2005. Mr. Wright stated the applicant is requesting zoning amendments as foHows: . Omit the monument sign for the subdivision; . AHow the developer to recompense specimen trees at a lower number than the tree ordinance requires; and . Match the required setbacks to the site plan that was presented to Mayor and Council on October 17,2005. Mr. Wright stated the rear setbacks would change from 35' to 30' and side yard setbacks from 10' to 4' with a minimum separation of 15' between buildings. Mr. Wright stated staff recommends approval of the requested revisions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka recognized Mr. Bob Rash, and summarized the proposed revisions for those present. Mr. Rash described the circumstances and conditions which have made the zoning amendment request necessary. Council Member Lnenicka stated Mr. Rash's experience with this project has revealed possible shortcomings in the City's Tree Ordinance which may necessitate a - February 6, 2006 3 future ordinance revision. Council Member Lnenicka read to those present the stipulations for this rezoning which will be revised: - The developer will comply with the City's current tree ordinance with the exception of the City's recompense requirements. Because the developer will be saving a stand of five specimen trees in the 1.24 acre open space area, no other specimen recompense shall be required. All applicable required tree protection measures shall be adhered to by the developer during construction and the developer will agree to work around as many of the existing King Springs Road specimen trees as possible. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. II. 15. The development shall maintain the following setbacks: Front - 30 feet Rear - 30 feet Side - 4 feet with a minimum of 15 feet between buildings Major Side (Kingsview Drive) - 20 feet External Side (Lots 6 and 7) - 10 feet Council Member Lnenicka asked Mr. Rash if the amended stipulations as read are acceptable, and Mr. Rash answered in the affirmative. MOTION: Council Member Lnenicka made a motion to approve Rezoning Request Z06-008 (Zoning Amendment) at King Springs Road and Kingsview Drive for Shepardson Homes, LLC as presented and read into the minutes. The motion was seconded by Council Member Wood. Motion was approved 6 - O. .... PRIVILEGE LICENSE: (A) Public Hearing - Privilege License Request (Retail Package Sales of Beer & Wine) - Aldi Inc. dba Aldi Foods - 2589 Spring Road - Matthew Scott Conine, Agent Applicant Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Pritchett recognized Mr. Conine, and commended Mr. Conine for taking the initiative to complete the responsible alcoholic beverage sales and service class as presented by Evindi, Inc. before appearing before the city council. Council Member Pritchett read to those present a list of local alcoholic beverage sales ordinances which are satisfied by the Evindi course. Council Member Pritchett asked Mr. Conine if he understands the importance of making certain that no alcoholic beverages are sold to underage persons, and Mr. Conine answered in the affirmative. Mr. Conine provided details to those present concerning the training provided to Aldi Foods (AF) stafffor proper alcoholic beverage sales. Mr. Conine stated that AF utilizes point of sale systems which help remind cashiers to obtain identification from purchasers before any alcoholic beverages are sold. Mr. Conine stated that AF also monitors compliance through a mystery shopper program. MOTION: Council Member Pritchett made a motion to approve the privilege license request for retail package sales of beer and wine for Aldi Inc. dba Aldi Foods at 2589 Spring Road for Matthew Scott Conine as agent. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. - February 6. 2006 4 FORMAL BUSINESS: (A) Appointment of Ward 4 Representative to Keep Smyrna Beautiful - MOTION: Council Member McNabb made a motion to approve appointment of Mol\y Herrin to the post of Ward 4 Representative to Keep Smyrna Beautiful Commission. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. (Clerk's Note: Appointment to expire December 31, 2007) (B) Appointment of Ward 3 Representative to the Planning and Zoning Board MOTION: Council Member Wood made a motion to reappoint Randy Jones to the post of Ward 3 Representative to the Planning and Zoning Board for a two-year term to expire December 31, 2007. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (C) Approval of Wastewater Rate Increase Council Member Wood stated that, based on recent decisions by the Cobb-Marietta Water Authority and the Cobb County Board of Commissioners, it will be necessary to raise wastewater rates by an additional percentage point. MOTION: Council Member Wood made a motion to increase the City wastewater rate from $4.74 per 1,000 gallons to $4.78 per 1,000 gal\ons with an effective date of July 1,2006. The motion was seconded by Council Member Lnenicka. Council Member Pritchett speculated that water conservation measures may have reduced water sales levels and that this could be a possible reason underlying the recent rate increase by the Cobb-Marietta Water Authority. Council Member Pritchett stated she would be receptive to citizen input and other fact-finding activity regarding this matter. Council Member Lnenicka stated the Authority has done well in the past with cost increase projections needed for defraying capital costs and operating requirements. Council Member Lnenicka stated this most recent increase was announced on short notice and was neither budgeted nor forecast. Council Member Lnenicka stated he is of the opinion that the response to repeated requests for documentation pertaining to this most recent increase has been vague and generally unsatisfactory. Council Member Lnenicka stated that citizens should not be encouraged to conserve water if they will be somehow penalized for doing so. Council Member Lnenicka stated that if satisfactory justification for the increase is not forthcoming then it is possible that the County may be asked to consider rescinding the increase. Council Member McNabb thanked Council Member Wood for the leadership he has demonstrated in connection with this issue. Motion was approved 6 - O. - COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: *MOTION: Council Member McNabb made a motion to suspend the rules for the purpose of adding an item to the consent agenda. The motion was seconded by Council Member Pritchett. Motion was approved 6 - O. - February 6. 2006 5 *MOTION: Council Member McNabb made a motion to add item 8 J (Approval to reinstitute the City Redevelopment Citizen Task Force) to the consent agenda. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. - (A) Approval of January 17,2006 minutes (B) Approval for Mayor to sign Interlocal Agreement with Cobb County for road improvements on Argo Road (C) Approval of Contract for processing utility bills for mailing The water department prints approximately 12,000 bills monthly using dot matrix technology. Printed bills are taken offsite for stuffing and mailing. Tailored Business Systems (TBS) can laser print, stuff and mail utility bills with an approximate annual savings of $1 0,000. TBS can insert separate notices. We have successfully used TBS for our property tax billing for two years. Staff recommends acceptance of the TBS Utility billing agreement to begin with the March billing period. (D) Approval of Special Event in the Market Village on Saturday, April 29, 2006 - 1 :00 p.m. to 10:45 p.m. (Crawfish Boil) 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. Vehicle traffic to be allowed from the end of the fountain area through the remainder of the Market Village, leaving parking and traffic lanes open to residents and other merchants. Streets would be closed no later than 12:00 p.m. on Saturday, April 29 and will remain closed through cleanup after the event, occurring around or after midnight. Event ends at 10:45 p.m. on Saturday, April 29. - (E) Approval of Special Event in the Market Village on Friday, March 17, 2006 from 4:00 p.m. until 10:45 p.m. (St. Patrick's Day) 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. Vehicle traffic is to be allowed from the end of the fountain area through the remainder of the Market Village, leaving parking and traffic lanes open to residents and other merchants. Streets would be closed from approximately 2:00 p.m. on Friday, March 17 through cleanup after the event, occurring around or after midnight. (F) Approval to request qualifications - Engineering Services for the 2005 Transportation Improvement Program The City Engineer along with our TIP Program Manager Croy-MSE recommend that this RFQ be sent. Depending on the response, it is expected that the City will approve three to five firms to award engineering services on various projects in the TIP. (G) Approval to request bids for 2006 street resurfacing The estimated amount of resurfacing is $1.4 million, however this does not include anticipated reimbursement due to LARP funding. The list of streets for resurfacing may be revised somewhat depending on the unit price bid and the streets approved for LARP funding. - February 6, 2006 6 (H) Surplus of 3 Konika Copiers from the Police Department In August, the Police Department replaced 3 Konika copiers with 3 new Digital Panasonic Copiers. While these surplused copiers are still useable, the maintenance is far more expensive than the new models leased. The City has no further use for them. It is recommended that these three copiers be declared as surplus and approve their disposition by donation to the Floyd County Government. - (I) Authorization of the issuance of a Smoke-Free Environment Policy for City Hall *(J) Approval to Reinstitute the City Redevelopment Citizen Task Force MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 6 - O. COMMITTEE REPORTS: Council Member Pritchett commended Mayor Bacon for meeting with members of the Cobb and Douglas Public Health Department to implement a smoke-free environment policy for City Hall. Council Member Pritchett stated that City activities for Arbor Day will be conducted on February 18 at the Arboretum. Council Member Newcomb expressed appreciation to Congressman Scott for attending this meeting and for his comments. Council Member McNabb stated he will try to arrange a town hall meeting soon for residents of Ward 4 to discuss the possibility of forming a neighborhood association. Council Member McNabb wished Council Member Scoggins a speedy recovery. - Council Member Smith wished Council Member Scoggins a quick recovery. Council Member Lnenicka expressed condolences to the family of Jan Hildebrandt for the recent loss of her father John Ransom. Council Member Lnenicka wished Council Member Scoggins and Mrs. Scoggins a speedy recovery. Council Member Lnenicka stated the recent Heritage at Vinings HOA meeting held at City Hall was very informative. Council Member Lnenicka stated the Devonshire Court HOA meeting will be held on February 16 at the Community Center. Council Member Lnenicka congratulated Mrs. Dot Bacon on receiving the Mrs. Smyrna Award at the recent Smyrna Oakdale Moose Lodge banquet. Council Member Lnenicka commented favorably about Mrs. Bacon's accomplishments and contributions to the community over the years. Council Member Lnenicka congratulated Mr. Mike Terry for receiving the Mr. Smyrna Award at the Moose Lodge banquet. Council Member Lnenicka congratulated Mr. Ron Davis on receiving the Mr. Cobb County Award and commented favorably about Mr. Davis' service to the community in a variety of capacities. Council Member Wood wished Council Member Scoggins a quick recovery. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry provided details to those present concerning the condition of Lt. Curtis Cook, who is currently hospitalized. Mr. Backry invited the present officials to sign a get-well card he wishes to deliver - - ... ... Februarv 6. 2006 7 to Lt. Cook. Mr. Backry expressed views to those present concerning the manner in which he believes noise levels should be gauged when the City noise ordinance is enforced. With no further business, the meeting was adjourned at 8:47 p.m. A.MAXBACON,MAYOR BILL SCOGGINS, WARD 3 ~ & (A/~ CHARLES PETE WOOD, WARD 7 ,~"JL RON NEWCOMB, WARD 2 v~~~~ WADE S. LNENICKA, WARD 6