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October 16, 2000 Council Meeting ~ r October 16, 2000 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 Howard Smith, City Clerk Candis Joiner, City Attorney Scott Cochran, Fire Chief Larry Williams,fin~nse Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Liqrar1Dhector 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 Robin Broyles, Community Relations Director Jennifer Bennett and representatives of the press. - Invocation wa.s given by Councilman Hawkins, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon introduced Ms. Betty Turley and Mrs. Evelyn Duncan of the American Legion Auxiliary and asked Councilman Lnenicka to read a proclamation in honor of Poppy Day. Ms. Turley thanked Mayor and Council for the proclamation and asked citizens to purchase the poppies. Mayor Bacon introduced Ms. Sandi Sands of Keep Smyrna Beautiful who presented an Image Enhancement A ward to Car Nutz Auto Spa. Councilwoman Capilouto stated that she is very proud of the owners of this location and thanked them for being good neighbors. Mayor Bacon recognized State Representative District 35 candidate Terry Johnson who stated that he is a lifelong resident of Cobb County and appreciates the positive changes in Smyrna. Mr. Johnson stated that he would appreciate everyone's vote in the November ih election. Mayor Bacon recognized State Representative District 29 candidates Ginger Collins and incumbent Randy Sauder. Both candidates asked for the support of the citizens in the November election. Mayor Bacon introduced Mr. Millis who asked when the next Community Culture Meeting would be scheduled. ... PUBLIC HEARINGS: (A) Variance Request-BP Oil (Amoco) 3002 Atlanta Road-Reduce Required Number of Parking Spaces from 42 to 22. Mr. Smith stated that the applicant is requesting this variance in order to preserve some of the trees on this site. Mayor Bacon stated that this is a public hearing and asked if there was any public comment. There was none. Councilman Hawkins introduced Mr. Jonathan Ballew, BP Oil/Amoco representative, who stated that this reduction in parking spaces is necessary in order to preserve the maximum amount of landscaping area. Mr. Ballew stated that to install the additional spaces required by city code, the applicant would be forced to remove approximately 4,000 square feet of landscaping space. Councilman Hawkins made a motion to take a ten-minute recess. Councilman Lnenicka seconded the motion. Mayor Bacon stated that the council meeting will resume in ten-minutes. .. Councilman Hawkins stated that a goal of the City of Smyrna is to save as many trees as possible and asked Mr. Ballew to explain which trees will be saved. Mr. Ballew distributed a landscape plan to Mayor and Council and stated that many existing trees will be saved as well as an additional 30 foot wide buffer area if this variance is approved. Councilman Hawkins asked Mr. Broyles if he knows which trees will be saved and Mr. Broyles stated yes. Councilman Hawkins made a motion to approve the variance request to reduce the number of required parking spaces to 22 with the stipulation that the landscaping and tree preservation conform to the landscaping schematic that was previously approved. Mr. Ballew stated that he understood the stipulation. Councilman Scoggins seconded the motion. Councilman Lnenicka thanked the representatives of BP Oil! Amoco for working with the City of Smyrna. Mayor Bacon stated that it is always good to work with developers who are up front with the City. Motion was approved 6-0. (Councilman Newcomb was away during the vote.) (B) Variance Request-BP Oil (Amoco) 3002 Atlanta Road-Reduce the Front Yard Setback from 50 feet to 36 feet. Octobyf 16, 2990 2 Mr. 'Smith stated that the applicant is asking for the reduction of the front yard setback because the canopy of.the establishment encroaches upon the setback and that a reduction in the front yard set back will aUbw'more trees to be saved. Mayor Bacon stated that this is a public hearing and asked for publid comment. There was none. Councilman Hawkirts introduced Mr. Ballew who stated that this variance will allow for the landscaping buffer and that the only structures that encroach into the setback is one dispenser and the canopy overhang area. Councilman Hawkins stated that this variance request will allow for a positive image and made a motion to allow the variance of BP Oill Amoco at 3002 Atlanta Road to reduce the front yard setback from 50 feet to 36 feet. Councilman Scoggins seconded the motion. Mayor Bacon asked if this location will be independently owned or company owned and Mr. Ballew stated that this location will be company owned. Motion was approved 6-0. (Councilman Newcomb was away during the vote.) - (C) Rezoning Request~801 Church Street (1.26 Acres)~From R-20 to L.C. Mr. Smith stated that the applicant is requesting the rezoning for the purpose of operating a Christian pre-srhool and day care on the property. Mayor Bacon stated that the applicant has asked for this reque~t to be tabled. Mayor Bacon stated that this is a public hearing and asked for public comment. Councilman Cramer introduced Mr. Garvis Sams, attorney for the applicant Cindy Smith, who stated that even though Mrs. Smith began speaking with neighbors in March regarding this request, additional time is needed in order to resolve other issues. Mr. Sams asked that the item be tabled until the Nove~ber 20th, Council Meeting and Councilman Cramer stated that November 20th, is satisfactory. Mayor Bacon introduced Ms. Allison Sims, 3036 Lee Street, who stated that this rezoning should be allowed because it will reduce the amount of commuter pollution and Mrs. Smith offers a successful alternative in childcare for working families. Mayor Bacon introduced Dr. McQueen, 980 Church Street, who stated that she is in favor of the rezoning because she does not think the traffic would be any heavier than a funeral. Dr. McQueen stated that if traffic laws were enforced there would be no traffic problem. , ... Mayor Bacon introduced Mr. Charles Lawrence, 7065 Hill Drive and adjoining property owner, who stated that he supports the proposed rezoning. Mayor Bacon introduced Mr. Ed Tompkins, 789 Church Street and neighboring property owner, who states that he believes that there will be a problem with traffic and that his property value will be decreased. Mayor Bacon introduced Mr. Pierce, 905 Pinehill Drive, who stated that this property should continue to be zoned as residential. Mr. Pierce stated that he is concerned with the traffic that this property will generate and that he believes the delivery trucks will be a problem~ Mayor Bacon introduced Mr. Jim Lord who stated that there are many day care centers in the middle of residential neighborhoods that do not cause traffic problems. Mayor Bacon introduced Ms. Beth Moss who stated that she was Mrs. Smith's first client and that Mrs. Smith offers quality day care. Mayor Bacon introduced Ms. Mary June Brown, client, who stated that Mr. and Mrs. Smith are strong citizens of Smyrna and that they will work hard to make this transition easy for all neighbors. Mayor Bacon introduced Ms. Pam Cline, who stated that this day care would be a good addition to the neighborhood. ..", Mayor Bacon introduced Ms. Kim Duggins, former employee of Argyle Elementary and First United Methodist, who stated that there is a great need in Smyrna for this type of business. Councilman Cramer made a motion to table the rezoning request from R-20 to L.C. of 801 Church Street until the November 20,2000, Council Meeting, and Councilman Wood seconded the motion,. Motion to table was approved 7-0. .1.\ It " .,"-' October 16, 2000 3 Mayor Bacon introduced Ms. Kim Duggins, former employee of Argyle Elementary and First United Methodist, who stated that there is a great need in Smyrna for this type of business. Councilman Cramer made a motion to table the rezoning request from R-20 to L.C. of 801 Church Street until the November 20,2000, Council Meeting, and Councilman Wood seconded the motion. Motion to table was approved 7-0. (D) Privileged License Request-Retail Package License (Liquor, Beer and Wine)-Spring Road Package-1669 Spring Road. - Mr. Smith stated that this request is an agent change for Spring Road Package Store and the police investigation shows nothing that would preclude the issuance of this request. Mayor Bacon stated that this is a public hearing and asked if there was public comment. There was none. Councilman Scoggins asked Mr. Badruddin if he has ever held an agent alcohol license and Mr. Badruddin stated no. Councilman Scoggins asked Mr. Badruddin to describe his plans regarding alcohol sales and Mr. Badruddin stated he will require identification for all alcohol purchases. Councilman Scoggins stated that this location has had problems in the past and told Mr. Badruddin that the City of Smyrna wants him to succeed. Councilman Scoggins made a motion to approve the privilege license request of Spring Road Package Store for beer, wine and liquor at 1669 Spring Road with Mr. Badruddin as the agent. Councilman Cramer seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Approve Amended Bond Schedule. Mr. Smith stated that Mayor and Council approved the fine and surcharge schedule at the September 5, 2000, Council Meeting but further review revealed the need to increase the fine amounts of first, second and third offense of violating Section 46-5-20 A (operating without a drivers license) and establishing a first, second and third offense fine amount for violation of Chapter 46 of the Code of Ordinances-Health and Sanitation. -- Mayor Bacon..recognized Councilwoman Capilouto who stated that the error was found after reviewing the fines. Councilwoman Capilouto discussed the amount of the fines. Councilman Hawkins asked Councilwoman Capilouto to explain the error and Councilwoman Capilouto stated that it was a typographical error. Councilman Lnenicka asked what the time frame is for determining second and third offenses for driving without a license, and Mrs. Joiner stated that the driving history is reviewed for five years. Councilman Hawkins asked Mrs. Joiner if the previous offenses are local or statewide and Mrs. Joiner stated that the offense would be statewide. Councilwoman Capilouto made a motion to approve the amended bond schedule and Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Change Ward 4 Polling Location from Brown Elementary School to Sharon Baptist Church. Councilman Hawkins stated that the polling location for Ward 4 was temporarily moved to Sharon Baptist Church during recent construction at Brown Elementary School and as a result there were many positive comments received from the workers and voters. Councilman Hawkins made a motion to approve the change of the Ward 4 polling location from Brown Elementary School to Sharon Baptist Church. Councilman Scoggins seconded the motion. Motion was approved 7-0. (C) Authorize the Implementation of Inclement Weather Policy. ... Mr. Smith stated that this policy will provide a procedure for city employees to follow in the event of inclement weather. Councilman Cramer stated that this policy is necessary to formalize the current practice during inclement weather and that this policy does not apply to public safety workers. Councilman Hawkins stated that this policy states that if the city facilities are closed due to inclement weather employees will be paid for that day, but if the city remains open and the employee is unable to report to work, the employee must use vacation and/or sick leave time. Councilman October 16, 2000 4 Cramer made a motion to authorize the implementation of the inclement weather policy and Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid Award-2000-027-Petroleum Products-Public Works. Councilman Scoggins stated bids were solicited from twelve vendors with three companies responding. Councilman Scoggins made a motion to award the bid for petroleum products to S. A. White Oil, the only bidder meeting all specifications. Councilman Newcomb seconded the motion. Motion was approved 7-0. -- (B) Bid Award-Paper Products-Public Works Department. Councilman Scoggins stated bids were solicited from fourteen vendors with five companies responding. Councilman Scoggins made a motion to award the bid for paper products to Rome Paper, the low bidder. Councilman Newcomb seconded the motion. Motion was approved 7- O. CONSENT AGENDA: (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) Approval of October 2, 2000, Minutes. Approval to Advertise Charter Amendment-Section 35. Municipal Court-Creation; Powers; Punishment of Offenders. Approval to Use Council Chambers on Thursday, October 26,2000, from 6:00 p.m. to 10:00 p.m. for Heritage at Vinings Neighborhood Meeting. Approval to Request Bids for Rescue Pumper for Engine #4. Approval to Change the Request for Bids that were Approved at 10/2/00 Council Meeting to a Request for Proposals for Signage at Parks, Library and Downtown Area. Approval to Request Bids for Replacement Vegetative Material for Spring Road Median. Approval to Request Bids for a Boom Mower for Public Works. Approval to Request Bids for Replacement of 230 feet of 48" Storm DrainPipe off Windy Hill Road. Approval to Request Bids for Replacement of 300 feet of 48" Storm DrainPipe at Tolleson Park. Approval to Use Council Chambers 10/12/00 for Ward 5 Meeting. .... Councilman Wood made a motion to approve the consent agenda and Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood recognized Ms. Bennett who reminded the public that the Fall Jonquil Festival is Saturday, October 21'1 and Sunday, October 2200. Councilman Wood recognized Mr. Seigler who stated that the Library has registered 427 people to vote and that the Friends of the Library will be having a quarterly membership meeting on Tuesday, October 17th. Mr. Seigler stated that there will be a book sale during the Jonquil Festival on Saturday, October 2151 and that all monies collected go to the Smyrna Library. Mr. Seigler stated that there will be an adult Internet class in the evening as well. Councilman Wood congratulated Mr. Seigler on the success of the library. .". Councilman Wood recognized Mr. Ciaccio who stated that Halloween on the Green is scheduled for October 28th from 1 :00 p.m. until 5:00 p.m. Mr. Ciaccio stated that there will be a costume contest for children, a pet costume contest, games and activities. Councilman Lnenicka wished Mr. Bill Lnenicka a happy birthday and thanked everyone for their support of Poppy Month. October 16, 2000 5 Councilman Lnenicka stated that the City had sent letters to the AL T A Tennis Club asking that the Olde Vinings Mill subdivision tennis courts be approved for official play, and he is disappointed with their denial of the request. Councilman Cramer recognized Mr. Corey who announced the current job openings for the City of Smyrna. Councilman Cramer stated that the Veteran's Memorial Association is accepting corporate donations as well as private donations. ,..., Councilman Hawkins recognized Ms. Edgar who reminded citizens that the outside water restrictions are still in effect, property taxes are due next month, business licenses will be billed in November and the audit will be presented. Councilman Hawkins asked Ms. Edgar to have the audit presented at the November work session and Ms. Edgar agreed. Councilman Scoggins recognized Mrs. Kirk who stated that the Rivers Alive Clean Up was very successful with over 130 volunteers. Mrs. Kirk thanked Kroger at Vinings, Waste Management and American Medical Response for their donations and assistance and reminded everyone that the adopt a mile will be Saturday morning, jonquils will be on sale and the Latin American Association will be planting jonquils at the duck pond this weekend. Mr. Smith congratulated Mrs. Kirk for winning third place for the best program in the country for communities of similar size and Mrs. Kirk thanked the City for its cooperation and support. Councilman Scoggins recognized Mr. Stokes who stated that the asbestos has been removed from the Nelms Lodge with demolition beginning Thursday, October 19th, so West Spring Street will be closed beginning Wednesday, October 18th. Mr. Stokes stated that the leaf program will begin November 1, 2000, and the schedule is in the water bill. Mr. Stokes stated that leaves will be picked up once a month with the possibility of twice a month leaf pick up and reminded citizens that leaves need to be behind the curb and not in the street. ~ Mayor Bacon asked Mr. Stokes to speak on Mr. David Nelson who died of cancer on Friday, October 13, 2000, and Mr. Stokes stated that Mr. Nelson was a very dedicated employee who had been with the City for 15 years. Mayor Bacon stated that Mr. Nelson was a good man and a fine employee, and Mr. Stokes stated that Mr. Nelson will be missed. .. Councilman Newcomb recognized Mr. Broyles who presented the year to date permit numbers. Mr. Broyles sent condolences to the family of Mr. Nelson. Councilwoman Capilouto stated that the Community Culture Committee is a committee meeting that is open to the public, but that a public forum is not required. Councilwoman Capilouto stated that the Community Culture Committee would consist of 8 immigrant members who live in the City of Smyrna. Councilwoman Capilouto stated that the purpose of this committee is to assist immigrants' needs and then turn this committee over to the private sector. Mr. Smith recognized Mr. Hildebrandt who discussed the Linear Park. Mr. Smith invited the citizens to visit the duck pond and view the beautiful walking trail improvements. Mr. Smith recognized Mr. Ciaccio who congratulated Mrs. Patty Bacon for recently winning awards for her work with the Senior Citizen Program. Mr. Smith congratulated Mrs. Bacon. Mr. Smith wished Mr. Cochran happy birthday. .. October 16, 2000 ADJOURNMENT 6 With no further business, the meeting adjourned at 9:24 p.m. ~1&! ~~ CHARLES PETE WOOD, WARD 7 t 'lIII!II\ ~~\~ RON NEWCOMB, WARD 2 ..., .".