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December 3, 2001 Council Meeting - .. - December 3, 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 Clerk Kellie Barber, City Attorney Scott Cochran, Human Resources Director Chris Corey, Finance Director Claudia Edgar and representatives of the press. Invocation was given by Councilman Hawkins, followed by the pledge to the flag. Mayor Max Bacon introduced School Board Representative Curt Johnston and students from Belmont Hills Elementary to recite the 2001 Character Education Program. Principal Giselle Stone and teachers Walt Hill, Sherry Rodgers, John Holt and Lynn Mcgee introduced students Aaron Bagwell, Michelle Esquivel, Courtney Flowers, Justin Simmons, Mayomi Udave, Gabby Dingle, Briana Angeles, Charles Waddell, T.J. Garrett, Lupe Rios, Hector Luna, Jennifer Mintz, Johnny Pecina and Kenyhet Hamilton who recited the December theme words of the month. Mayor Bacon introduced State Representative Rich Golick who stated that he would hold a town hall meeting at the Smyrna Library, Saturday December 15th at 10:00 a.m. to discuss upcoming legislative issues and to seek citizen's input. CITIZENS INPUT: Mayor Bacon introduced Mr. Floyd Millis who presented Mayor and Council with Christmas candy. Mayor Bacon introduced Mr. Mike Woodruff of3673 Lee Street who stated his concerns regarding the Homestead Exemption Bill. Mayor Bacon stated that Representative Ginger Collins will introduce the bill again during the next legislative session, and it will be placed on a special election ballot for the citizens of Smyrna. Mayor Bacon introduced Mr. Ken Kincaid the President of Smyrna Optimist Club who stated that the Optimist Club is currently selling Christmas Ornaments and Smyrna! Cobb throw blankets as a fundraiser for the local youth of Smyrna. NEW BUSINESS: (A) Recommendation of City Solicitor Councilwoman Pritchett made a motion to appoint Mr. Bill Morse as the new City Solicitor. Councilman Hawkins seconded the motion. Motion was approved 7-0. Mayor Bacon introduced State Court Judge Carlisle to administer the oath of office for the new Solicitor Mr. Bill Morse. PUBLIC HEARINGS: (A) Wireless 911 Resolution Mr. Corey stated that in order for the City of Smyrna to begin collecting the $1.00 E9ll fee from all wireless devices, a resolution must be approved by the Mayor and Council. Mayor Bacon stated that this is a public hearing and asked for public comment. Mayor Bacon introduced Mr. Daryl Wood of 3328 Hidden Trail Road who stated that the wireless industry has not activated the E911 Program. Councilman Hawkins stated that upon approval of the Wireless 911 Resolution the wireless carriers will be notified that 120 days from that date, $1.00 will be added to the customers' bill to cover the enhanced 911 system. Councilman Lnenicka stated that the fee would not go into effect until after May 1,2002. Councilman Hawkins stated that this new system would enable a 911 call from a cell phones location to be traced and that the $1.00 fee would help compensate the City for the expense of the new equipment. 2 Councilman Hawkins made a motion to approve the Wireless 911 Resolution. Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Rezoning Request-.3226 Acre-Land Lot 453-Brown Road-Smyrna Heights Subdivision-From R -15 to GC Mr. Corey stated that Mr. Bill G. Huff Jr. is proposing to rezone a .3226 acre tract of land in Land Lot 453 from R-15 to General Commercial. Mayor Bacon stated that this is a public hearing and asked for public comment. The City Attorney administered the oath to those wishing to speak. Councilman Hawkins introduced Mr. Bill Huff Jr. who stated that in order to improve the configuration of the property and make it suitable to place a building on, he is requesting an extension of the commercial zoning into what is now the rear yards of property along side Land Lot 453. Mr. Huff stated that the proposed building would be a small strip center that would contain multiple tenants. - Mayor Bacon introduced Ms. Laura Graham of 3274 Ridgecrest Road who stated that she is opposed to this rezoning because of its closeness to the residential property behind this location. Mayor Bacon introduced Mr. Thomas Smith of 3258 Ridgecrest Road who stated that the proposed property is currently neglected and he would like to see the property sold to a responsible homeowner, instead of zoning it commercial. Mayor Bacon introduced Ms. Pat Henderson of 3267 Ridgecrest Road who stated that there are enough vacant strip malls in Smyrna and the City does not need another one. Councilman Hawkins stated that the Planning and Zoning Board had made a motion to not recommend that this zoning be approved. Councilman Lnenicka stated that he was concerned about the lack of specifics from Mr. Huff regarding the building plans or landscaping and that he could not support rezoning this property. Councilman Hawkins made a motion to deny the rezoning request of .3226 acre on Land Lot 453, Brown Road from R-15 to General Commercial. Councilman Cramer seconded the motion. Motion to deny was approved 7-0. - (C) Land Use Change Request-.3226 Acres-Land Lot 453-Brown Road- Smyrna Heights Subdivision-Low Density Residential to Community Activity Center No action was taken because of the denied rezoning of the property. FORMAL BUSINESS: (A) Presentation ofFY 2001 CAFR (Comprehensive Annual Financial Report) Councilman Hawkins introduced Director of Finance, Ms. Claudia Edgar who thanked Mr. Rick Hartley of Anderson Hunt Auditors and Mr. Mike Hickenbottom for their help during this years audit. Mr. Rick Hartley stated that Anderson Hunt, LLC has issued an unqualified opinion for the FY '01 CAFR Report and gave the City a very good overall rating. Councilman Hawkins made a motion to accept the Audit Report as submitted. Councilman Scoggins seconded the motion. Motion was approved 7-0. - (B) Increase for Front Load Accounts Pursuant to Contract Agreement with Waste Management Mr. Corey stated that pursuant to the contract with Waste Management, a price increase for all front load accounts is scheduled for December 1, 2001, and the increase will be 2.6% as reflected by the Department of Labor Consumer Price Index. 3 Councilman Hawkins made a motion to approve the increase for Front Load Accounts per the contract agreement with Waste Management. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Niche Properties-East/West Highlands Shell Building-1435 Highlands Ridge Road Councilman Wood made a motion to approve the building permit for Niche Properties for a East/West Highlands Shell Building at 1435 Highlands Ridge Road. Councilman Cramer seconded the motion. Motion was approved 7-0. ... (B) Waffle House-l 395 Highlands Ridge Road-I,806 Square Foot Restaurant Councilman Wood made a motion to approve the building permit for Waffle House at 1395 Highlands Road. Councilman Cramer seconded the motion. Motion was approved 7-0. BID AWARDS: There was none. CONSENT AGENDA: (A) **(B) (C) (D) - (E) (F) *(G) Approval of November 19,2001 minutes Approval to use Council Chambers Monday, January 14,2001, from 7:00 p.m. to 9:00 p.m. for Forest Hills Subdivision Homeowner's Meeting Approval to use Council Chambers Wednesday, December 12,2001 from 7:00 p.m. to 9:00 p.m. for The Park at Oakley Downs Annual Homeowner's Association Meeting Approval to change church name from Bethel Baptist Church to Abundant Life Worship Center at 2581 Spring Road Approval of Additional Yz Vacation Day for City Employees for Monday, December 24, 2001 Approval for Mayor to sign Interim City Administrator Agreement Authorize the Mayor to make an offer to the American Legion for 11.8 acres. Councilman Hawkins made a motion to suspend the rules for the purpose of adding an item to the consent agenda. Councilman Wood seconded the motion. Motion was approved 7-0. *Councilman Hawkins made a motion to add the item 8-0 to the Consent Agenda. Councilman Cramer seconded the motion. Motion was approved 7-0. **Councilman Hawkins made a motion to correct item 8-B and change the date from December 10,2001 to January 14,2001. Councilman Cramer seconded the motion. Motion was approved 7-0. Councilman Wood made a motion to approve the consent agenda. Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: - Councilman Cramer stated that the Veteran's Memorial is still accepting contributions for brick pavers. Councilman Scoggins reminded citizens to please put their leaves along the curb of their street instead of in the street. Councilwoman Pritchett welcomed the new Solicitor Mr. Bill Morse to the City's court system. 4 SHOW CAUSE HEARINGS: (A) Show Cause Hearing-Alcoholic Beverage Violation-Doc's Food and Spirits- 2621 Cumberland Boulevard-Agent/Owner James Brenner Mr. Corey stated that on July 3,2001, Officer Cason of the Smyrna Police Department questioned Ms. Shannon Renee Wiggins during the investigation of case 01070225 and that incident case number 0107033 stated that Ms. Wiggins admitted to serving the victim alcohol. Mr. Corey stated that the case was heard in Smyrna Municipal Court on August 2,2001, where Ms. Wiggins plead Nolo and paid a $600.00 fine. James Brenner, agent/owner for this location, was approved on 12/14/88, and this is the first violation for this location. The City Attorney administered the oath to those wishing to speak. - Mayor Bacon introduced Officer Cason of the Smyrna Police Department who stated that Ms. Wiggins had admitted to serving alcohol to the victim Ms. Simpson and that since the victim had a previous drink at her table Ms. Wiggins assumed that the bartender had already checked her 1.0. Councilman Lnenicka asked Officer Cason if there was any confusion on who was buying the drinks. Officer Cason stated that Mr. Hall had purchased the drinks and given them to Ms. Simpson. Mayor Bacon introduced Mr. Joel Larkin, counsel for Doc's Food and Spirits who asked Officer Cason ifhe showed Ms. Wiggins a picture ofMr. Hall as well as Ms. Simpson. Officer Cason stated that he did show a picture of Mr. Hall but did not show a picture of the victim, Ms. Simpson. Mr. Larkin stated that he had spoke with Ms. Simpson who stated that she was at Doc's to pick up a to-go order when she saw Mr. Hall who she recognized as a customer at Walgreens where she worked. Mr. Hall offered her a drink that was already sitting at his table. Ms. Simpson stated that Mr. Hall then purchased another drink for her and that the waitress, Ms. Wiggins had no reason to believe she was doing anything other than sitting with Mr. Hall having a drink while she waited for her food to be finished. Mr. Larkin offered an affidavit to Mayor and Council that he had reviewed with Ms. Simpson, and she agreed that it was a correct testimony of what happened that night. - Mayor Bacon asked Mr. Larkin how long Doc's has been in business. Mr. Larkin stated that Doc's has been in business for 20 years with no prior violation. Councilwoman Pritchett asked what type of alcohol beverage training the servers are required to go through before employment, and Ms. Brenner stated that each employee is provided with training sheets before starting employment and are trained to detect a customer who has been over served. Councilwoman Pritchett made a motion to move to Executive Session to discuss a pending legal issue. Councilman Cramer seconded the motion. Motion was approved 7-0. Councilwoman Pritchett stated that the Mayor and Council had not found sufficient evidence to sustain any action against the business license of Doc's Food and Spirits and made the motion that no action be taken. Councilman Hawkins seconded the motion. Motion was approved 7-0. ADJOURNMENT: - With no further business, the meeting adjourned at 9:25 p.m. ./ 5 bi L:~ b~<QA) KELLIE BARBER, CITY CLERK ... ~~ r:~ aA CHARLES PETE WOOD, WARD 7 ~~ RON NEWCOMB, WARD 2 - -