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August 20, 2001 Coucil Meeting ~ August 20, 2001 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. I'he 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 was City Administrator Howard Smith, City Clerk Kellie Barber, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance n;,rector Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Councilman Wood, followed by the pledge to the flag which was led by Boy Scout Troop II. CITIZENS INPUT: Mr. Floyd Millis presented Mayor and Council with a stepping stool for the children who visit the Council Chambers to use while at the podium. Mr. Chris Corey presented Park Ranger Steve Branyon with the City of Smyrna STAR Employee of the Month award. Ranger Branyon was recognized for his recent apprehension of a homicide suspect/witness. Mr. Branyon expressed his appreciation to the City. Ms. Ann Kirk and Ms. Sue Brissey attempted to present Mr. Steve Flores of Tires Plus, Atlanta Road, with the City Enhancement A ward for his commitment to maintain the once vacant lot at the corner of Ridge Road and Atlanta Road. Mr. Flores was unable to be at the meeting due to a work schedule conflict. Ms. Sue Verner, Creatwood Trail resident, asked if the City Animal Control Officer, Alex Backry is allowed to carry a gun. Chief Hook was then introduced to answer questions from Ms. Verner. Chief Hook stated that Officer Backry did not carry a weapon. Mr. Stacy Hall, Rosedale Drive resident, stated that a tree fell on the pad where he normally parks his recreation vehicle and requested that Mayor and Council reconsider his previously .. denied request for an accessory structure. Mayor Bacon stated that he and Council would discuss it at the next Monday night work session. f / ~ Mr. Ron Davis, Roswell Street resident, presented a project proposal for property across from the City Hall building at the intersection of Atlanta Road, East Spring and Roswell Street at the railroad tracks. Mr. Davis presented a rendering of this proposal which included a pedestrian crosswalk, green space and an area for a park designed in a linear fashion along the railroad tracks. Mr. Davis stated that the approximate cost is $66,000.00 excluding the purchase of the property and the pedestrian crosswalk. Councilman Scoggins stated that Mayor and Council would schedule a work session in the future to discuss this proposal. Councilman Newcomb ~;tated that he was very impressed with the quality of the renderings that were all citizen designed. / Ms. Jeanette Gall, Cooper Lake Road resident, expressed her appreciation to Griffin Middle II School and its teachers. Ms. Gall encouraged Smyrna business owners and the community to contribute donations to the school and its teachers. Chief Williams stated that the grand opening of the Child Restraint Fitting Station on Saturday, August 18, 2001, had an overwhelming turnout. Chief Williams stated that fifty-one car seats were inspected, and the department issued a total of twenty-seven replacement seats during this two-hour event. The Fire Department will announce the regular hours of this station. PUBLIC HEARINGS: (A) Annexation Island 45-Land Lots 519, 561 and 562-74.6 Acres-Belmont A venue, Pierce A venue, Davis Drive, Adams Drive, Reed Street, Hawthorne Avenue, St. Charles Drive-17u1 District, 2nd Section, Cobb County, GA. Mr. Smith stated that items 3A-3-D are unincorporated islands and that if approved will become part of Ward 3. Mayor Bacon stated that this is a public hearing and asked for public comment. Several citizens had questions in regards to the annexations. I August 20, 20bl 2 Mayor Bacon stated, hat Mr. Cochran has requested that this item be tabled to the next meeting. Mr. Cocr.ran stated that he had several issues he would like to study before moving ahead with these annexations. Councilman sco,ggins made a motion that the annexation of Island 45, Land Lots 519,561 and 562 for 74.6 acres on Belmont Avenue, Pierce Avenue, Davis Drive, Adams Drive, Reed Street, Hi'iwthorne A venue, St. Charles Drive in the 17th District, 2nd Section, Cobb County, GA be tabled until the September 4,2001, Council Meeting. Council Newcomb seconded the moti011. Motion to table was approved 7-0. (B) Annexation Island 46-Land Lot 592-.7 Acre-2585 Old Roswell Road-17th District, 2nd Section, Cobb County, GA ."J Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Scoggins made a motion that the annexation of Island 46, Land Lot 592 for .7 acres at 2585 Old Roswell Road in the 17th District, 2nd Section, Cobb County, GA be tabled until the September 4, 2001, Council Meeting. Council Newcomb seconded the motion. Motion to table was approved 7-0. (C) Annexation Island 47-Land Lot 592-.7 Acre-Old Roswell Road and 392 Roswell Road-17th District, 2nd Section, Cobb County, GA Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Scoggins made a motion that the annexation of Island 47, Land Lot 592 for .7 acres at Old Roswell Road and 392 Roswell Road in the 17th District, 2nd Section, Cobb County, GA be tabled until the September 4,2001, Council Meeting. Council Newcomb seconded the motion. Motion to table was approved 7-0. (D) Annexation Island 48-Land Lot 592-.8 acre-153 Hawthorne Avenue-17th District, 2nd Section, Cobb County, GA tilt Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Scoggins made a motion that the annexation of Island 48, Land Lot 592 for .8 acres at 153 Hawthorne Avenue in the 17th District, 2nd Section, Cobb County, GA be tabled until the September 4, 2001, Council Meeting. Council Newcomb seconded the motion. Motion to table was approved 7-0. (E) Variance Request-A860 Clay Brooke Drive-Reduce Rear Yard Setback from 25 feet to 22 feet Mr. Smith stated that the applicant would like to reduce the rear yard setback from 25 feet to 22 feet. Mayor Bacon stated that this is a public hearing and asked for public comment. There were none. Councilman Wood stated that this intrusion into the 25 feet setback will not affect any of the other homeowners' property. Councilman Wood recognized Mr. Lamm, Ryland Homes, who stated that the 3 foot encroachment is necessary in order to fit the house on this vacant lot and that the house is positioned so as to cause the least possible encroachment on the surrounding lots. '\ \ Councilman Wood made a motion that the variance request of 4860 Clay Brooke Drive to reduce the rear yard setback from 25 feet to 22 feet be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Privileged License Request-Ruby Tuesday-3197 South Cobb Drive-Retail Pouring (Liquor, Beer and Wine)-Agent Change Mr. Smith stated that James Richard Sweet is requesting to be approved as the agent. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Au~ust 20, 2001 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 was City Administrator Howard Smith, City Clerk Kellie Barber, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Di.rector Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Directoc 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 Councilman Wood, followed by the pledge to the flag which was led ~ by Boy Scout Troop II. CITIZENS INPUT: Mr. Floyd Millis presented Mayor and Council with a stepping stool for the children who visit the Council Chambers to use while at the podium. Mr. Chris Corey presented Park Ranger Steve Branyon with the City of Smyrna STAR Employee of the Month award. Ranger Branyon was recognized for his recent apprehension of a homicide suspect/witness. Mr. Branyon expressed his appreciation to the City. Ms. Ann Kirk and Ms. Sue Brissey attempted to present Mr. Steve Flores of Tires Plus, Atlanta Road, with the City Enhancement A ward for his commitment to maintain the once vacant lot at the corner of Ridge Road and Atlanta Road. Mr. Flores was unable to be at the meeting due to a work schedule conflict. Ms. Sue Verner, Creatwood Trail resident, asked if the City Animal Control Officer, Alex Backry is allowed to carry a gun. Chief Hook was then introduced to answer questions from Ms. Verner. Chief Hook stated that Officer Backry did not carry a weapon. Mr. Stacy Hall, Rosedale Drive resident, stated that a tree fell on the pad where he normally parks his recreation vehicle and requested that Mayor and Council reconsider his previously denied request for an accessory structure. Mayor Bacon stated that he and Council would '-' dj~cl13s it <It the next Monday night work session. Mr. Ron Davis, Roswell Street resident, presented a project proposal for property across from the City Hall building at the intersection of Atlanta Road, East Spring and Roswell Street at the railroad tracks. Mr. Davis presented a rendering of this proposal which included a pedestrian crosswalk, green space and an area for a park designed in a linear fashion along the railroad tracks. Mr. Davis stated that the approximate cost is $66,000.00 excluding the purchase of the property and the pedestrian crosswalk. Councilman Scoggins stated that Mayor and Council would schedule a work session in the future to discuss this proposal. Councilman Newcomb ,';tated that he was very impressed with the quality of the renderings that were all citizen Jesigned. Ms. Jeanette Gall, Cooper Lake Road resident, expressed her appreciation to Griffin Middle School and its teachers. Ms. Gall encouraged Smyrna business owners and the community to contribute donations to the school and its teachers. Chief Will iams stated that the grand opening of the Child Restraint Fitting Station on Saturday. August 18, 200 I, had an overwhelming turnout. Chief Williams stated that fifty-one car seats were inspected, and the department issued a total of twenty-seven replacement seats during this two-hour event. The Fire Department will announce the regular hours of this station. PUBLIC HEARINGS: ,.., (A) Annexation Island 45-Land Lots 519,561 and 562-74.6 Acres-Belmont A venue, Pierce A venue, Davis Drive, Adams Drive, Reed Street, Hawthorne Avenue, St. Charles Drive-17th District, 2nd Section, Cobb County, GA. Mr. Smith stated that items 3A-3-D are unincorporated islands and that if approved will become part of Ward 3. Mayor Bacon stated that this is a public hearing and asked for public comment. Several citizens had questions in regards to the annexations. I August 20, 2001 2 Mayor Bacon stated; hat Mr. Cochran has requested that this item be tabled to the next meeting. Mr. Cocl-o.ran stated that he had several issues he would like to study before moving ahead with these annexations. Councilman Scoggins made a motion that the annexation ofIsland 45, Land Lots 519,561 and 562 for 74.6 acres on Belmont Avenue, Pierce Avenue, Davis Drive, Adams Drive, Reed Street, Hawthorne A venue, St. Charles Drive in the 17th District, 2nd Section, Cobb County, GA be tabled until the September 4,2001, Council Meeting. Council Newcomb seconded the mOti011. Motion to table was approved 7-0. (B) Annexation Island 46-Land Lot 592-.7 Acre-2585 Old Roswell Road-17th District, 2nd Section, Cobb County, GA Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. ..." Councilman Scoggins made a motion that the annexation of Island 46, Land Lot 592 for .7 acres at 2585 Old Roswell Road in the 17th District, 2"1<1 Section, Cobb County, GA be tabled until the September 4,2001, Council Meeting. Council Newcomb seconded the motion. Motion to tai.); was approved 7-0. (C) Annexation Island 47-Land Lot 592-.7 Acre-Old Roswell Road and 392 Roswell Road-17"h District, 2nd Section, Cobb County, GA Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Scoggins made a motion that the annexation of Island 47, Land Lot 592 for .7 acres at Old Roswell Road and 392 Roswell Road in the 17th District, 2'1<1 Section, Cobb County, GA be tabled until the September 4, 2001, Council Meeting. Council Newcomb seconded the motion. Motion to table was approved 7-0. (D) Annexation Island 48-Land Lot 592-.8 acre-153 Hawthorne Avenue-l7'h District, 2nd Section, Cobb County, GA Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. ...."I Councilman Scoggins made a motion that the annexation of Island 48, Land Lot 592 for .8 acres at 153 Hawthorne Avenue in the 17th District, 2nd Section, Cobb County, GA be tabled until the September 4,2001, Council Meeting. Council Newcomb seconded the motion. Motion to table was approved 7-0. (E) Variance Request-4860 Clay Brooke Drive-Reduce Rear Yard Setback from 25 feet to 22 feet Mr. Smith stated that the applicant would like to reduce the rear yard setback from 25 feet to 22 feet. Mayor Bacon stated that this is a public hearing and asked for public comment. There were none. Councilman Wood stated that this intrusion into the 25 feet setback will not affect any of the other homeowners' property. Councilman Wood recognized Mr. Lamm, Ryland Homes, who stated that the 3 foot encroachment is necessary in order to fit the house on this vacant lot and that the house is positioned so as to cause the least possible encroachment on the surrounding lots. Councilman Wood made a motion that the variance request of 4860 Clay Brooke Drive to reduce the rear yard setback from 25 feet to 22 feet be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. ....." (F) Privileged License Request-Ruby Tuesday-3197 South Cobb Drive-Retail Pouring (Liquor, Beer and Wine)-Agent Change Mr. Smith stated that James Richard Sweet is requesting to be approved as the agent. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. August 20t 2001 Councilman Hawkins asked Mr. Sweet how long he had been employed with Ruby Tuesday and Mr. Sweet stated 17 years. Councilman Hawkins asked if Mr. Sweet would be on the premises on a daily basis, and Mr. Sweet acknowledged that he would. Mr. Sweet stated that he had received a copy of the alcohol beverage ordinance. Councilman Hawkins stated that the Smyrna Police Department did conduct a background check on Mr. Sweet which reported that there is no information that would preclude him from being issued this license. 3 '- Councilman Lnenicka asked Councilman Hawkins about recent information that Mayor and Council had received in reference to this location. Councilman Hawkins stated that this business location was involved in a recent sting operation conducted by Smyrna Police Department, and a citation was issued for selling alcohol to a minor. Councilman Hawkins stated that there has been no adjudication on this charge and that the City cannot take any punitive action until a hearing has been held. Councilman Lnenicka asked Mr. Sweet if he was working Friday, August 17, 2001, which was the night of the sting operation. Mr. Sweet stated that he was working in the kitchen at the time. Councilman Lnenicka asked Mr. Cochran if Mayor and Council could approve a license when there are pending charges at that location. Mr. Cochran stated that the license could not be revoked before the hearing on the new charges, and the license could not be denied based upon new charges. Councilman Hawkins stated that in his opinion a negative action could not be taken against something that has not been adjudicated. Councilman Hawkins made a motion to grant the agent change to Mr. James Richard Sweet, 3197 South Cobb Drive, Ruby Tuesdays. Councilman Scoggins seconded the motion. Motion was approved 7-0. (G) Privileged License Request-Los Bravos Mexican Restaurant No. 7-4480 South Cobb Drive-Retail Pouring (Beer, Wine, Liquor)-New License Mr. Smith stated that Maximino Angel is requesting to be made the registered agent for this establishment and that this is a new application for a new restaurant. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Lnenicka asked Mr. Angel if he had been given a copy of the City of Smyrna's alcohol beverage ordinance, and Mr. Angel stated yes. Councilman Lnenicka stated that the City of Smyrna will occasionally run sting operations or respond to complaints and depending on the infraction the City of Smyrna could suspend the license or pull the license permanently. __ Mr. Angel stated that he understood. Councilman Lnenicka made a motion that a new retail pouring privilege license for Los Bravos Mexican Restaurant No.7 at 4480 South Cobb Drive with Maximino Angel as the registered agent be approved. Councilman Wood seconded the motion. Motion was approved 7-0. (H) Variance Request-5391 Whitehaven Park Lane-Reduce Front Yard Setback from 25 feet to 23 feet Mr. Smith stated that the variance request is due to an error made in the survey and the pouring of the foundation. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood introduced Mr. Lopes of John Wieland Homes. Mr. Lopes stated that he is requesting the front yard setback because of an error made when pouring the foundation, and the survey shows that the house is over by 1.3 feet affecting only the garage portion of the house. Mr. Lopes stated that John Wieland Homes owns the property on both sides of the house as well as the property across the street. Councilman Wood made a motion to approve the variance request to reduce the front yard setback of 5301 Whitehaven Park Lane from 25 feet to 23 feet. Councilman Lnenicka seconded the motion. Motion was approved 7-0. ... FORMAL BUSINESS: (A) Amendment of City Ordinance Section 1-8; General Penalty Mr. Smith stated that this action is being requested so that our Code of Ordinance will correspond with our Charter Section 35, which was amended to allow for the imprisonment of up to 365 days and $1,000.00 fine. Mayor Bacon stated that this is a public hearing and asked for comment. There was none. August 20, 2001 4 Councilwoman Pritchett stated that this action is being requested so that our Code of Ordinances will correspond with our Charter Section 35, and Councilwoman Pritchett stated that Section 1-8 would read as follows: Whenever in this Code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or a misdemeanor or an offense, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefore, such violation of any such provision of this Code or any ordinance shall be punishable by a fine not exceeding one thousand dollars ($1,000.00), by sentence of imprisonment in the city jail not exceeding three hundred sixty five (365) days, community service not to exceed thirty (30) days, by attendance at traffic school or by one (1) or more of these punishments as the judge may in his discretion see fit to impose. Councilwoman Pritchett made a motion to approve the amendment of City Ordinance Section 1- 8. Councilman Newcomb seconded the motion. Motion was approved 7-0. -- (B) Validate Petition for Annexation-2.61 Acres-West Cooper Lake Road-Land Lots 333 and 334, 17th District, 2nd Section, Cobb County, GA Mr. Smith stated that the estate of Buel Johns is requesting annexation of 2.61 acres off West Cooper Lake Road. LEGAL DESCRIPTION All of that tract of land located in land lot 333 and 334 of the 1 ih District, 2nd Section of Cobb County, Georgia containing 2.61 acres and being more particularly described as follows: Beginning at a point where the west right of way of North Cooper Lake Road (50' RIW) intersects the north right of West Cooper Lake Road (50' RlW); thence N87^ 15'01" W- 431.98 along the north right of way of West Cooper Lake Road to a point; thence north 6^38'29" E- 281.72" to a point; thence S88^39'02" E- 376.07" to a point on the west right of way of the North Cooper Lake Road; thence S 1 ^25' 11 "E-77 .0" along the said west right of way line to a point; thence continuing along a curve to the left in arc distance of 215.96"; said curve having a radius of I ,464.48" to a point and being the point of beginning. Councilman Wood made a motion to validate the petition for annexation of 2.61 acres on West Cooper Lake Road, Land Lots 333 and 334, 17th District, 2nd Section, Cobb County, GA and set a public hearing for September 17, 2001. Councilman Lnenicka seconded the motion. Motion was approved 7-0. .... (C) Approval of FY2001 Budget Adjustments Mr. Smith stated that a review of the financial statements at the end of the budget year has revealed that several adjustments are needed to more clearly reflect the City's financial condition. Councilman Hawkins stated that the City is preparing for its auditors and that the purpose of the budget adjustments is to clean up the books from last year. Councilman Hawkins made a motion to approve the FY2001 budget adjustments, and Councilman Scoggins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. ..... CONSENT AGENDA: (A) Approval of August 6, 2001, minutes (B) Approval to purchase through competitive bid or state contract a minivan for use by the Information Systems Department (C) Approval to purchase a replacement clam bucket for the Public Works Department (D) Approval to request bids for City contract for HV AC maintenance 5 (E) Approval of installation of stop signs: Vinings Estates Drive and Vinings Estates Court (F) Approval to extend working hours on Habitat for Humanity project at Bates, Teasley and Argo Streets on September 9th, 16th, 23rd. Councilman Hawkins made a motion that the consent agenda be approved, and Councilman Scoggins seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Pritchett announced that the next Cultural Committee Meeting is scheduled for Thursday, September 6, 2001, at 7:00 p.m. at City Hall. -- Councilwoman Pritchett thanked everyone for their prayers and well wishes during her father's illness. Councilman Newcomb stated that the landscaping at Spring Road Linear Park would begin this fall. Councilman Scoggins introduced Keep Smyrna Beautiful Director Ann Kirk who stated that she has submitted an awards application for the Keep America Beautiful National Awards. Ms. Kirk provided statistics for the annual report for Keep America Beautiful, recognized Dianne .. Nelson and Cherie Jones newest members of Keep Smyrna Beautiful and reviewed the policy on handbill distribution. Mr. Smith recognized Ms. Kirk for her efforts on the graffiti ordinance and thanked Georgia Power, local businesses and the Smyrna Business Association for helping the City in their efforts to enforce this ordinance. Councilman Scoggins recognized Mr. Henry Brooks for all of the good work he has done in Ward 3 with Cobb Habitat for Humanity. Councilman Hawkins introduced Finance Director Claudia Edgar who reported that the water restrictions have not changed. Ms. Edgar stated that tax bills will go out the 1 sl week in September and that the auditors would be here the first week in September. ... Councilman Hawkins reported that he has asked Georgia Power to turn off any new streetlights that have been installed on Dunn Street and Forest Drive until there has been a meeting for citizens' input. Councilman Lnenicka thanked Mr. And Mrs. Millis for the step stool presented to Mayor and Council. Councilman Lnenicka introduced Chief Hook who reported a recent sting operation of twenty business establishments within the City and that there were only three local business sold to the underage informant. Councilman Cramer stated that he and Chief Hook visited the homeowner's ofInnesbrooke Subdivision at Church and Old Concord Road in reference to concerns the homeowner's had. All issued were resolved. Councilman Cramer announced that Scott Riddle and Sandra Allen of the Fire Department, were recently nominated for Innovative Program of the Year by the Cobb County Chamber of Commerce. Councilman Cramer reminded everyone of the Veteran's Memorial and the need for donations. Councilman Lnenicka stated that he has had several questions in regards to the old Crown Oil Station on Atlanta Road and stated that the contamination from the underground gasoline tanks is being taken care of. Councilman Lnenicka announced that his father, Bill Lnenicka, is currently in the hospital at St. ... Joseph's where he will undergo heart surgery and asked that everyone keep him in their thoughts and prayers. Councilman Wood introduced Community Relations Director Jennifer Bennett who stated that the upcoming Taste of Smyrna will be held on September 15, 2001. Ms. Bennett stated that the new City Website will be accessible on September 15, 2001. August 20, 2001 6 Councilman Wood introduced Library Director Michael Seigler who presented the annual report statistics for the library and announced that the two new specialized Internet classes will begin in September. Councilman Wood called on Director of Parks and Recreation Steve Ciaccio. Mr. Ciaccio announced that the second phase of the Chuck Camp Park will begin the first week in September and reminded the public to please not feed the geese at the Community Center pond. Mr. Smith announced that the old Smyrna Library has been removed and that construction on the parking lot will begin in September. Mr. Smith congratulated Campbell High School on their participation in the International Baccalaureate Exam. ....J ADJOURNMENT With no further business, the meeting adjourned at 9:50 p.m. :J C H 1 -1 6a)\ tif \) KEL IE BARBER, CITY CLERK A. MAX BACON , MAYOR MELLENY PRITCHETT, WARD I ~,,)~ RON NEWCOMB, WARD 2 1 ,0~ w~- CK CRAMER, WARD 5 WADE S. LNENICKA, WARD 6 .- CH .....