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December 7, 1998 Council Meeting December 7, 1998 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 Melinda Dameron, City Attorney Charles E. Camp, City Engineer Ken Hildebrandt, Keep Smyrna Beautiful Coordinator Ann Kirk, Acting Police Chief Mike Brown, Captain Fred Brack and representatives of the press. Invocation was given by Reverend Mike Britt, Norton Park Baptist Church, followed by the pledge to the flag. ... CITIZENS INPUT: Mayor Bacon recognized Brenda Waldon, a letter carrier who went above and beyond the call of duty when she rescued a child from an attacking dog. Mayor Bacon asked Ms. Waldon, her family and friends to come down to the podium and he presented her with the National Community Service Award, a gift certificate for dinner at Carrabba's, a Savings Bond, a commemorative coin and various City of Smyrna items. Ms. Waldon thanked the Mayor and Council for the recognition and the gifts and wished everyone a Merry Christmas. .. Mayor Bacon recognized Principal Judy Whaley and students Sarah Curtis and Nathan Kline as part of the on-going Character Education presentations at the first council meeting of the month. Mr. Kline stated the word of the month is "compassion" and stated he is actively involved in the Fellowship of Christian Athletes and as part of their program they are collecting socks, gloves and scarves to be donated to MUST Ministries. Ms. Curtis stated the word of the week is "kindness" and stated as part of their student program they participate in the AGAPE Program whereby they work with foster children and they currently have the names of 28 children under the age of 13 and have a list of items these children would like to have for Christmas. She further stated each junior and senior homeroom adopts a child and tries to raise money to purchase these items. She stated the AGAPE Program will be December 17 at 7:00 p.m. in the Campbell High School Auditorium and invited all interested persons to attend the program. Mayor Bacon presented Mr. Kline and Ms. Curtis with a gift bag from the City of Smyrna. Mayor Bacon recognized Keep Smyrna Beautiful Coordinator Ann Kirk who presented Steve Harper, on behalf of CVS Pharmacy, with an image enhancement award for their store at the corner of Atlanta Road and Spring/Concord Road. Mr. Harper thanked the city for the award. Mayor Bacon announced Councilman Wood was selected November 18, 1998, as the "Citizen of the Year for 1998" by the Cobb Chamber of Commerce - Smyrna Division. Mayor Bacon recognized Mr. Jim Eastham, attorney representing the businesses and some of the residents who will be affected by Item 3(K) - Closure and Abandonment of Extreme Northern End of North Matthews Street on the agenda. Mr. Eastham asked for a continuance on this agenda item. Mayor Bacon stated when the item is brought before the council for discussion Mr. Eastham would be afforded an opportunity to ask for a continuance. Mayor Bacon asked Kevin Moore, attorney for the property owners and the developer Pulte Homes, who stated he would not be agreeable to such a continuance unless the Mayor and Council so decided to ask for one during the Public Hearings portion of the meeting. Mayor Bacon stated the item has been advertised as a public hearing and the matter will be heard during that portion of the meeting. ... Mayor Bacon recognized Todd Baisley who stated he was concerned about the changes being made to the property at the corner of Ventura Road and South Cobb Drive - a proposed daycare center. Mr. Baisley expressed his concerns about there being sufficient parking spaces, the increased traffic, the fence height requirement and safety of the children. Mr. Baisley then asked if all the building code requirements are being met by the property owner. Mr. Baisley then asked the city if there were any future plans for a traffic signal at that intersection or providing alternate routes for traffic on Ventura Road. Mayor Bacon stated he appreciated Mr. Baisley's comments and further stated the property has been zoned for that type business for a number of years. Mayor Bacon stated when the applicant came before Mayor and Council requesting variances for the property, which could not be worked out, the property had the right to develop the property within the current zoning category - General Commercial. Mayor Bacon stated the current property owners will have to meet all existing December 7, 1998, meeting - continued building code requirements as they have not come back before council requesting additional variances. Councilman Cramer stated when this issue first came before Council, he met with Mr. Baisley and several property owners and explained he was not planning to grant the variance requested to allow an oversized structure on the lot. Councilman Cramer stated he also told the property owner the city does not have the right to regulate what type of business goes on a property as long as the business is within the parameters allowed for the property. Councilman Cramer stated the city has re-striped an extra balk line on Windy Hill Road at this intersection and the city is looking at the possibility of extending the turn lane from Windy Hill Road onto South Cobb Drive but stated he did not feel an additional traffic signal would be allowed because of its close proximity to South Cobb Drive and the city is also exploring the possibility of extending Ventura Road to allow traffic to exit onto South Cobb Drive via another road other than Windy Hill Road. ... Mayor Bacon stated Item (6-C) will be handled at this time. See narrative under Bid Award - Item (6-C). PUBLIC HEARINGS: (A) Rezoning Request - Land Lot 477, 17th District, 2nd Section, Cobb County, Georgia - Fronting on Cooper Lake Road (7.39 Acres) - From R-20, Single Family, to RAD Conditional, Single Family Residential Mayor Bacon stated Items (A), (B) and (C) will be discussed as one item but voted on separately. Mr. Smith stated Harris Simpson the developer for this project representing Split Rail Corporation, is requesting the rezoning. He further stated this will be a 26-10t development with a density of 3.51 units per acre. Mr. Smith stated this rezoning request was heard by the Planning and Zoning Board on November 9, 1998, and approved the item with a 3-2 vote with a number of stipulations. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to items (A), (B) or (C). Several persons came forward and were administered the oath by City Attorney Chuck Camp. Councilman Wood asked Mr. Harris Simpson to come forward and explain what is being proposed for the property and why the rezoning request is necessary. Mr. Simpson stated he has presented everyone with a letter of conditions to the rezoning request that was submitted at the November Planning and Zoning Board meeting and indicated he has a replacement letter dated December 7, 1998, with a change to Condition #14 indicated by an * (conditions listed below): 'WIll 1. To develop a maximum of 26 lots on the property. 2. That the development be consistent with the subdivision plan submitted with the application. 3. To require a mandatory homeowners association with protective covenants on all lots. 4. To have a minimum heated floor area of 2,000 square feet. 5. To have a two-car attached garage with every home. 6. To sod all front yards. 7. To have underground utilities. 8. That erosion control measures will be constructed before any site grading is undertaken and will be maintained until permanent ground cover is established. 9. That adequate storm water detention shall be provided so that the development does not increase peak flow rates of storm water runoff, as approved by the City Engineer. 10. All homes will have partial (as a minimum) brick, stacked stone, stucco, or wood shake front elevations. 11. The street will be installed to City standards. 12. No debris shall be buried on any lot. 13. The development will have decorative streetlights installed subject to approval by the City Engineer. 14. The development will be screened from Cooper Lake Road with a six-foot barrier that may be constructed in any combination of berming, fencing, walls and landscaping. Landscape and entranceway plans will be prepared by a registered Landscape Architect and permanent maintenance will be provided by the Homeowners Association. The entrance monument shall be constructed of masonry, brick, stacked stone, or a combination including any of these materials. 15. During development and housebuilding operations a 20 foot undisturbed buffer shall be preserved along the outside boundaries of the property. Only utility installation, provision .., December 7, 1998, meeting - continued for drainage and storm water retention, fencing and operations necessary to carry out the intent of the conditions of zoning shall be allowed in this zone. 16. The developer will install a 6-foot high pressure-treated wood privacy fence along the East and South boundaries and along that portion of the West boundary visible to the two residences in Parkland Place (identified on our zoning plan as Lots #3 and #4) - a distance of approximately 75 feet from the southwest corner along the West boundary. .. Mr. Simpson stated this revised letter is to made a part of the rezoning request. Mr. Simpson read the above quoted letter and further stated the only change from the previous letter is the indication of the last sentence in Condition #14. Mr. Simpson stated he has met with the members of the neighborhood and in particular with Mr. Carl Haithcox, President of the Parkland Place Homeowners Association, as well as three residents of Parkland Place. He stated they had discussed the size of the homes - which was originally 1800 square feet but has been upgraded to 2000 square feet; privacy along the common property lines and he stated he has addressed that in Stipulation #16 above; preservation of a natural tree cover and he stated he has committed to a 20-foot undisturbed buffer as discussed in Stipulation #15 above; design and landscaping of the proposed entrance off Cooper Lake Road and the frontage along Cooper Lake Road which has been addressed in Stipulation #14 above; another concern was expressed with the price and style of the homes. Mr. Simpson stated the minimum house price will be in the low $200,000's and he is expecting that price to be $220,000 and the homes will be traditional, two-story structures and stated that per a verbal agreement reached last Friday night the Pacific Group will join him as the developer of the property. Councilman Wood asked Mr. Simpson about the location of the sewer line in the proposed development and asked if that issue has been resolved. Mr. Simpson stated the issue has not been resolved, however, sewer is available to the development. Mr. Simpson stated he has met with the two homeowners that would be involved and they expressed a location and a design that they thought would be acceptable. He further stated they have not accepted anything but they have had very amenable discussions and he expects to be able to finalize that issue very soon. He stated the engineers have just finished drawing the easements today and therefore he does not have them in hand and they can not be presented to the property owners at this time. Councilman Wood asked if there are existing sewer easements across the property and Mr. Simpson stated there is an existing storm sewer easement across both the properties in question and in connection with that he has spoken with Mr. Haithcox and has expressed his desire to work with them to locate a part of the retention pond on their property. Mr. Simpson stated he has completed the hydrology study, which shows the larger detention pond will reduce up to 30% more water than is being retained in its natural state. Councilman Wood asked City Engineer Ken Hildebrandt about the availability of sewer to the property. Mr. Hildebrandt stated the nearest sewer line is on Parkland Run and the route Mr. Simpson is proposing, by acquiring easements from two property owners, is the most direct route. Mr. Hildebrandt stated there is another way to access a sewer line but it would require following the right-of-way of Cooper Lake Road and the right-of-way of Parkland Place and would be more difficult and more expensive and would require some large cuts but could be done that way. Councilman Wood asked City Engineer Ken Hildebrandt to address the sight distance requirement for the development. Mr. Hildebrandt stated the sight distance the city will require in a 35 miles per hour speed zone is 325 feet and after he looked at the area and paced it off, he determined the distance is very close to that. Mr. Hildebrandt stated when the development plans are brought in, the city will require their engineer to do a profile of the road and insure that they have 325 feet but at this point in time there does not appear to be a problem with the sight distance. Mr. Wood asked Mr. Hildebrandt if he anticipates accel/decellanes and Mr. Hildebrandt responded he would have to look at this issue but there probably would not be an acceleration lane since they are not really used that much but the property would probably require a deceleration lane. .. .... Mayor Bacon recognized Cal Harris, 1191 Parkland Run, who stated he has met with Mr. Simpson and the issue that he is most troubled by is the density of the proposed development; the small lot size of some of the homes; impact on the infrastructure, schools and increased traffic on Cooper Lake Road. Mayor Bacon recognized Lenny Daniel, 1190 Parkland Run, who expressed his opposition to the development and concerns about the over-development of the area around Cooper Lake, increased traffic on Cooper Lake Road. Mayor Bacon recognized Heather McGreavy, 1170 Parkland Run, who expressed her concerns over the size of the lots and does not feel cluster homes will enhance the neighborhood; traffic on Cooper Lake Road; closeness of the proposed entrance to the new development in relation to the entrance to Parkland Place; no designated builder for the development; no sewer/utility December 7, 1998, meeting - continued . lines resolved; maintenance of the retention ponds; decellanes in a 120' length of frontage indicated on the plans; low price of the homes and the amount of grading that will be required in the proposed development; water run off during the period of construction and landscaping of the development. Mayor Bacon recognized Tom Fielding, 1051 Parkland Run, who expressed his concerns about the retention pond which will be close to the swimming pool. He then asked about the size of the pond and if it would encroach on the pool as far as mosquitoes, how it will be developed, what type walls will be used, and the density, etc. Councilman Wood asked Mr. Simpson if he would respond to the concerns of the citizens who spoke in opposition to the development. Mr. Wood stated anyone who develops the property will have to meet the requirements of the City Engineer in terms of ingress/egress, sight distance in to the development and will be part of the plans submitted, retention of water, etc. Mr. Wood asked if the area near the pool is part of the retention area now and Mr. Simpson responded it is not. Mr. Simpson stated in reference to the maintenance of the retention pond he has proposed to Mr. Haithcox is that the homeowners association would be specifically bound to maintain those kinds of things. Mr. Simpson stated in reference to detention pond, since it only holds water during storms and is otherwise dry, there should be no problem with mosquitoes. Councilman Wood asked Mr. Simpson to address what kind of buffer (along Cooper Lake Road) will be along the back of the houses to the roadway. Mr. Simpson stated the berming and buffers have not been designed yet but will probably be a combination of fencing, landscaping, berming and possibly an extension of the entrance wall. Councilman Cramer asked about the accelldecellane and Mr. Simpson stated that has not been addressed but they will conform to the city's requirements. Mr. Hawkins asked Mr. Simpson if there was any way the number of houses could be reduced and the income loss be spread among the reduced number of homes and Mr. Simpson responded no due to the competition in the area and the resulting higher cost of the homes. Councilman Newcomb asked Mr. Simpson about the six-foot barrier along Cooper Lake Road and asked where it would be located. Mr. Newcomb asked if it would begin at the right-of-way and move in six-feet and if it is part of the 30-foot setback. Mr. Simpson stated it is part of the 30-foot setback. Mr. Newcomb asked about the privacy fence agreed to on the east and south boundaries and along a portion of the west boundary and wondered about why it will not be along Cooper Lake Road. Mr. Simpson stated the privacy fence of the sort he had described is allowed along Cooper Lake Road but stated they will probably have additional features that will enhance the appearance of the landscaping and retail. Mr. Newcomb asked Mr. Simpson if he would agree to a six-foot fence along Cooper Lake Road and then additionally whatever berming or landscaping you wish to put in on top of that. Mr. Simpson stated it is not his intent to do that, that his intentions are to leave it so that a registered landscape architect could give him a plan that does all of this but he could substitute one feature for another and would rather not be bound to that. Mr. Newcomb asked Mr. Wood if there could be a requirement for a fence to be along Cooper Lake Road instead of just the option of a fence. Mr. Simpson stated the commitment is that there will be a six-foot high barrier and it would be fence or the other elements and he did not think that would be objectionable to the city. He further stated he felt a combination of walls, landscaping, berming, etc., would be very attractive. Mr. Lnenicka stated that at the development on Atlanta Road across from Campbell Middle School that Mr. Simpson is also involved in, the city agreed to have the same kind of thing except the city said it could be a combination of a buffer, landscaping, fencing, walls or whatever seemed to make aesthetic sense and that plan was to be brought back and approved by the city. Mr. Simpson stated he would be willing to state that the plans would be approved by the city before construction began. Mr. Simpson stated he had met with Mr. Kirkland (in Parkland Place) and if the developments can cooperate on this they will retain storm water well beyond what is needed and the water can be discharged through existing design facilities that are in place. He further stated they will not be required to put in a fairly visible wall near the property line and in order to do that they would have to take trees down by necessity and do some grading which would be detrimental to both his proposed subdivision and to Parkland Place. He feels what he is proposing is a definite win/win situation and he wanted to point out what he is proposing would be hidden from everybody and would not be visible to anyone driving and would just not be visible. Councilman Lnenicka asked Mr. Simpson if he could review the proposed conditions (listed at beginning of this narrative) and be sure the changes discussed are included. Councilman Lnenicka stated conditions 1 and 2 deal with the number of lots on the property and plans for the development. Number 3 requires a mandatory homeowners association with protective covenants on all lots. Mr. Lnenicka stated he feels it is important to specify who maintains the fence and buffered areas. Mr. Lnenicka then asked if that will be a provision in the covenants and will the homeowners association be responsible or will that be the responsibility of the individual lot and homeowner where that is ..... ..., 'WIllI December 7, 1998, meeting - continued ... contained. Mr. Simpson stated any feature that has commonality of purpose for the subdivision would be maintained by the homeowners association - the entrance monument would be and along the frontage of Cooper Lake Road if they have simply a fence that would the same as any fence on any other boundary and that would not be required to be maintained by the home- owners association and that would be the responsibility of each individual homeowner. Mr. Lnenicka asked Mr. Simpson if he would be willing to modify the protective covenants to specify that the homeowners association would maintain those features as part of stipulation 3 presented to the council. Councilman Lnenicka asked about stipulation 9 which addresses storm water retention and it is his understanding that if Mr. Simpson could reach an agreement with the Parkland Place Homeowners Association to use and expand and combine retention ponds, the amount of runoff would be increased that would be detained by some amount and all of that would be subject to approval by the City Engineer. Mr. Simpson responded that was correct. Councilman Lnenicka addressed condition 10 - could the wording traditional and two- story style home be added. Mr. Simpson stated he thinks they will all be two-story but if there is a larger lot and a ranch home would fit, that is a possibility. Mr. Lnenicka stated stipulation 14 has already been modified but feels the city would want to add either a new stipulation 17 or add to a previous stipulation language that addresses the possible combination of both retention ponds that the homeowners association of this new proposed development would maintain it for both. Mr. Simpson stated that is not totally accurate. He stated the retention pond that they are conceiving here is not required to retain anything for Parkland Place, it is required for his subdivision and as a matter of fact it will be helpful to everyone because they will be limiting the amount of water that is discharged it will be easier to be handled within the existing system and that will be a benefit. He stated again that they are not required to retain any water in their name. Mr. Lnenicka asked who would maintain the pond - each separate homeowners association or one homeowners association. Mr. Simpson responded if it is their pond, they will be responsible for maintaining it. Mr. Lnenicka asked Mr. Simpson if he would be agreeable to adding a stipulation stating that whatever that frontage barrier/buffer (along Cooper Lake Road) would be a minimum of six-feet high in the final plan that is submitted (either berm, landscaping, fence, wall) would be subject to approval by the Chief Building Official and the City Engineer. Mr. Simpson stated that was correct. Mr. Lnenicka asked about the frontage along Cooper Lake Road - from the east side to the west side of the property and crossing the entrance road - would it be possible to install a sidewalk. Mr. Simpson stated the county is planning to install a sidewalk on the opposite side of the street as part of their planned improvements. Mr. Hildebrandt stated that was correct. .. Councilman Wood thanked the citizens for their input. Councilman Wood made a motion that the rezoning request by Split Rail Corporation in Land Lot 477, 17th District, 2nd Section, Cobb County, Georgia, fronting on Cooper Lake Road - approximately 7.32 acres - be rezoned from R-20, Single Family, to RAD Conditional, Single Family Residential be approved with the following stipulations: -- 1. To develop a maximum of 26 lots on the property. 2. That the development be consistent with the subdivision plan submitted with the application. 3. To require a mandatory homeowners association with protective covenants on all lots. Specifically this homeowners association by amendment to the covenants will be responsible to maintain the fence buffers on the development as well as their normal covenants. 4. To have a minimum heated floor area of 2,000 square feet. 5. To have a two-car attached garage with every home. 6. To sod all front yards. 7. To have underground utilities. 8. That erosion control measures will be constructed before any site grading is undertaken and will be maintained until permanent ground cover is established. 9. That adequate storm water detention shall be provided so that the development does not increase peak flow rates of storm water runoff, as approved by the City Engineer. 10. All homes will have partial (as a minimum) brick, stacked stone, stucco, or wood shake front elevations. Homes will be traditional two-story homes. 11. The street will be installed to City standards. 12. No debris shall be buried on any lots in the subdivision. 13. The development will have decorative streetlights installed subject to approval by the City Engineer. 14. The development will be screened from Cooper Lake Road with a six-foot barrier that may be constructed in any combination of berming, fencing, walls and landscaping to be a minimum of six feet high and approved by the Chief Building Official and the City December 7, 1998, meeting - continued Engineer of the City of Smyrna. Landscape and entranceway plans will be prepared by a registered Landscape Architect and permanent maintenance will be provided by Homeowners Association. The entrance monument shall be constructed of masonry, brick, stacked stone or a combination including any of these materials. 15. During Development and Housebuilding operations a 20-foot undisturbed buffer shall be preserved along the outside boundaries of the property. Only utility installation, provision for drainage and storm water retention, fencing, and operations necessary to carry out the intent of the conditions of zoning shall be allowed in this zone. 16. The developer shall install a 6-foot high pressure treated wood privacy fence along the East and South boundaries and along that portion of the West boundary visible to the two residents in Parkland Place (identified on our zoning plan as Lots #3 and #4) - a distance of approximately 75 feet from the southwest corner along the West boundary. 17. Sight distance requirements for ingress/egress to the development will be determined by the City Engineer. If a combined retention pond is developed, the homeowners association for the new development will be responsible for maintenance for both developments. 18. Cooper Lake Road frontage barrier, 6-feet high, berms, landscape, fence subject to approval of the Chief Building Official and the City Engineer. .... Councilman Cramer seconded the motion. Motion to approve the rezoning was approved 7-0. (B) Land Use Change - Land Lot 477, 17th District, 2nd Section, Cobb County, Georgia - Fronting on Cooper Lake Road (7.39 Acres) - From Low Density Residential to Medium Density Residential Councilman Wood made a motion that the land use change - Land Lot 477, 17th District, 2nd Section, Cobb County, Georgia - fronting on Cooper Lake Road (7.39 Acres) - from Low Density Residential to Medium Density Residential be approved. Mayor Bacon asked if anyone wanted to make any public comments concerning the land use change. There were no comments. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Annexation of Property - Land Lot 477, 17th District, 2nd Section, Cobb County, Georgia - Fronting on Cooper Lake Road (7.39 Acres) Councilman Wood stated Mr. Charles E. Whitener made an application to annex 7.39 acres in Land Lot 477 and this petition was validated on November 16, 1998, and a public hearing was set for tonight. Councilman Wood made a motion that the annexation request of Mr. Charles E. Whitener for property in Land Lot 477, 17th District, 2nd Section, Cobb County, Georgia, fronting on Cooper Lake Road (7.39 Acres) be approved to become a part of Ward 7 effective January 1, 1999. Councilman Cramer seconded the motion. Motion was approved 7-0. ...., (D) Rezoning Request - Land Lots 398, 299, 463, 464, 465, 466, 471, 472, 473, 474, 536, 537, 538, 542, 543 and 545, 17th District, 2nd Section, Cobb County, Georgia - Fronting on Cooper Lake Road (387.765 Acres) - From R-20 and R-15 to RAD Conditional and 0&1 Mr. Smith stated John Wieland is requesting this rezoning to develop a golf-course community. He further stated the acreage adjoins the back side of Vinings Estates and the plans are to develop an 18-ho1e golf course, Clubhouse and restaurant facility, golf villas, 200 single family homes, 188 townhomes and a 50,000 square foot office space. Mr. Smith stated this was heard by the Planning and Zoning Board on November 9, 1998, with approval and recommendation to council by a 5-0 vote. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to speak concerning items 3(D), (E) and (F). Those persons wishing to speak came forward and were administered the oath by City Attorney Chuck Camp. Councilman Wood stated under the current county zoning, 456 lots would be allowed and the proposed rezoning will allow only 311 lots to be developed - 145 less than the current zoning allows. Mr. Wood stated it is the intent of Mr. Wieland to annex the 225 acres that are in unincorporated Cobb County into the City of Smyrna. Mr. Wieland wishes to rezone the approximately 385 acres from R-20 Residential and R-15 to RAD Conditional and 0&1 in accordance with the Master Plan submitted with the application for rezoning. Mr. Wood stated the property immediately to the north and west of the proposed site is currently used for single family residential housing and the proposed golf course lies on the eastern portion of the proposed site plan and provides a transition between the Highlands Park Office Complex and its proposed residential portion of the development. The residential portion of the development will be an expansion of the existing Vinings Estates neighborhood and it is the intention of the ...., December 7, 1998, meeting - continued ... applicant to develop 200 single-family detached homes, 118 townhomes, 23 golf villas and an 18-hole golf course with the property designated as RAD Conditional on the site plan dated 10- 18-98. The property designated as 0&1 on the site plan would be accessed from Highlands Park Office Complex. Mr. Wood stated access to the property will be from three entrances off Pebblebrook Road and access from Vinings Estates Drive. Councilman Wood recognized Mr. John Wieland and Mr. Dan Fields and asked Mr. Wieland to briefly talk about the proposed development. Mr. Wieland stated he feels this development will be a tremendous asset to the city and asked Mr. Dan Fields, Vice President of John Wieland Homes, to come forward and explain the details. Mr. Fields stated they are present tonight to represent two property owners, Jack Bledsoe and George Kellogg and EASLAN Capital who will be responsible for developing the golf course. Mr. fields stated they are proposing an 18-hole golf course and 23 golf villas that will be part of the golf course itself. The residential portion is 200 single family lots and to the east of the property is Highland Park and a buffer between the park and the residential section will be the golf course as proposed on the plan before the council this evening. Mr. Fields stated there will be townhomes located also between the office park and the residential section - the single-family residential section - that will consist of 118 townhomes. He further stated there is a section that is on the opposite of Nickajack Creek that will have access to Highland Park that they are requesting an 0&1 zoning that would be a part of the access from Highland Park. Councilman Lnenicka asked who will design the golf course and Mr. Fields responded Robert Trent Jones has been hired by EASLAN Capital to work on the golf layout. Councilman Hawkins asked Mr. Fields for a ballpark price range for the townhomes and single-family homes. Mr. Fields responded they have some townhomes at Paces Point that are ranging in the $225,000 range and that will be the beginning point for these townhomes; single-family homes would range up to $350,000. Councilman Cramer asked what the density on the project will be and Mr. Fields responded the current city and county zoning would allow for 456 lots and they are requesting 382 lots. ... Mayor Bacon recognized Bill Caylor, 4251 Laurel Brook Drive, who stated he is representing the Nickajack Watershed Alliance. He stated he is not present to oppose the development as he is here to voice concerns and to make sure that certain laws are followed that concern erosion in the process of construction. He stated they are concerned with the increased traffic from the development and cited the recent approval of a school that will also contribute to the traffic; topography of the land with the various elevations on the property and just wants to make sure the development is in conformance with the State Erosion and Sedimentation laws; concern that Nickajack Creek is taken care of through this development; the 25-foot buffer along the creek and asked that with the amount of grading that will be necessary that buffer be increased to 150 - 200 feet along the creek, 50 feet along tributaries and lakes and that no piping or rechanneling of streams is allowed; development stay out of all flood plains and that erosion and sediment plans and storm water controls be put in place. Mr. Caylor stated he appreciates Mr. Fields being in contact with Jeri Breiner of Cobb Citizens for Water Quality. Mr. Caylor stated he understands a soil and erosion supervisor will be present on the site or available to call and that violations will be corrected within a 24-hour period. Mr. Caylor stated there was a Master Plan for the Cobb County Silver Comet Rail Trail which showed a greenway connection along Nickajack Creek and they would like to have that considered. In reference to the concerns about the 25-foot buffer along the creek, Mr. Wood quoted from a letter he had received today from the Upper Chattahoochee Riverkeeper (signed by Alice Champagne) and quoted "Riverkeeper recommends maintaining a minimum of a 25-foot undisturbed, vegetated stream buffer for the golf course and the residential area." Mr . Wood stated the city has a requirement that on all State waters the 25-foot buffer is a standard part of the city's process. He then quoted from communications with Jeri Breiner who requested in reference to the Wieland Homes development on the newly annexed 440 acres/Vinings Golf Club, "we hope that any zoning process stipulates protection to all State streams including wetlands and provides for a minimum, undisturbed buffer zone at 25 feet on both sides. We also request that a soil and erosion work site supervisor be present at all times on this site and that any erosion or sedimentation problems would be fixed back to the original status within 24 hours." Mr. Wood stated he explained to Ms. Breiner that the 24-hour correction request would not be possible or feasible but that the city will have the inspectors available and they will require remedy of the problem within 24-hours and that is the city's normal procedure. Mr. Wood stated for the record that Cobb County has reviewed the plans for this development and notified the city in writing that they have no objections to this rezoning. Another citizen spoke in reference to the river and the quality of the water and the flooding of Nickajack Creek during heavy storms. Mr. Wieland stated they would be delighted to work with the Alliance and feels the golf course location is good news in terms of water run off as opposed to additional hard surfaces. Mr. Fields stated he had received a call today from Jeri Breiner and agreed to meet with her before permitting so they will have an opportunity to provide their input into the plan. ... December 7, 1998, meeting - continued Councilman Wood made a motion that the request to rezone 385 acres from R-20 and R-15 to RAD-Conditional and 0&1 at the request of the applicant, Mr. John Wieland, with the stipulation added that the development will meet all requirements of the City of Smyrna with respect to State water protection and water run off, drainage and those types of issues that are covered in the city's ordinances and carried out by the building department and the City Engineer. Councilman Hawkins seconded the motion. Motion was approved 6-0-1 with Councilman Cramer abstaining. (E) Land Use Change - Land Lots 398, 299, 463, 464, 465, 466, 471, 472, 473, 474, 536, 537,538,542,543 and 545, 17th District, 2nd Section, Cobb County, Georgia- Fronting on Cooper Lake Road (387.765 Acres) From Low Density Residential to Low Density Residential and Neighborhood Activity Center ..... Councilman Wood made a motion that the land use request for the above referenced property from Low Density Residential to Low Density Residential and Neighborhood Activity Center be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Annexation of Property - Land Lots 398, 299, 463, 464, 465, 466, 471, 472, 473, 474, 536,537,538,542,543 and 545, 17th District, 2nd Section, Cobb County, Georgia- Fronting on Cooper Lake Road (*387.765 Acres) Councilman Wood made a motion that the annexation request of John Wieland Homes and neighborhoods as described above be approved to become a part of Ward 7 effective January 1, 1999. *It was noted that not all of the 387.765 acres is being annexed as part of the property was already in the city and approximately 250 acres are involved in the annexation. Councilman Cramer seconded the motion. Motion was approved 7-0. (G) Zoning Amendment - Spring Road and Elmwood Drive - Enlarge Detention Area Mr. Smith stated the applicant approached the city about permitting a larger detention pond on this site to slow the runoff of water in the area. Mr. Smith further stated the Public Works Committee reviewed the request and was approved by them as well as the councilman for that area to help reduce any potential flooding in the area. Mayor Bacon stated this is a public hearing and asked if anyone is present in opposition to the requested zoning amendment. There was no opposition. WIllI Councilman Scoggins recognized the applicant, Tim Tise. Councilman Scoggins stated the reason for this request is based on the fact there is some extra land that can be utilized as a retention pond. Mr. Tise responded that is correct. Councilman Scoggins stated when he originally applied for a detention pond, they were required to have 300,000 cubic feet of detention area. Mr. Scoggins stated he and Ron Newcomb had met with City Engineer Ken Hildebrandt to discuss the possibility of enlarging the detention area in an effort to reduce water flow to Ward 2 residential property. Mr. Hildebrandt responded that part of Ward 2 is in the Poplar Creek basin and experiences flooding problems. Mr. Hildebrandt further stated the zoning requirement is that the property release only 85 % of the existing runoff and when their engineer designed that, they determined that they needed a 300,000 cubic foot detention pond. When the pond was designed they found there was available property to make an even larger pond and they are proposing a 500,000 cubic foot pond which will release only 30% of the current runoff. Councilman Scoggins stated this is a win/win situation for everyone affected by the water runoff and City Engineer Ken Hildebrandt stated that was correct. Councilman Newcomb stated he was in support of this proposal as it will benefit the constituents in his ward. Councilman Scoggins stated he appreciates the larger pond on behalf of the residents in his ward that will benefit from it. Councilman Lnenicka then asked Mr. Tise about unrelated items pertaining to the construction at Vinings Forest Condominium Association relative to a trailer on the property and gravel in the buffer area. Mr. Tise responded when the houses on the property were removed they did not realize there would be such a large hole on the property. In order to locate the trailer, they had to move it more toward Ms. McGee's property and set it up but they are going to move it out of the 75-foot buffer hopefully this week. He stated they plan to start grading in that area and plan to move the construction entrance a little further away from Ms. McGee's lot but as it is right now, there is only one access to the back area until they fill in the hole at the front. He assured Mr. Lnenicka they would do that as soon as possible. WIllI December 7, 1998, meeting - continued Councilman Scoggins made a motion that the request for a zoning amendment at Spring Road and Elmwood Drive to change the site plan to allow for a larger detention area be approved. Councilman Newcomb seconded the motion. Motion was approved 5-0 (Councilman Wood and Councilman Cramer were not at the podium during the vote). (H) Variance Request - 4596 Camp Highland Road - Reduce 50 Foot Landscape Buffer to 10 Feet ... Mayor Bacon stated items (H), (I) and (J) will be handled at the same time as they all relate to the same property. Mr. Smith stated the variance to reduce the buffer is being requested because of the odd shape of the property and the necessity to reduce the 50-foot buffer in order to provide the required number of parking spaces; the variance to increase the size of the square footage of the standing monument sign due to concern over visibility for the shopping center site; the variance to allow for a flat roof design is to allow for the kinds of equipment for the retail that will be located in the shopping center, e. g., a grocery store where the equipment would be hidden by a designed roof to keep it from view. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to any of the three requested variances. There was no opposition. .. Councilman Lnenicka recognized Mr. Chris May, representing the Sofran Group. Councilman Lnenicka stated he, City Engineer Ken Hildebrandt and Chief Building Official Robin Broyles have met with Mr. May and discussed the items presented this evening as well as other related items. Mr. Lnenicka asked Mr. May to briefly explain what they are planning for the shopping center site. Mr. May indicated the large box on the proposed site plan and explained that will be the location of a Publix flagship type store and the other areas will be developed as shops. Mr. May stated he had informed Mr. Lnenicka that they have recently been approached by another user that has not actually signed a lease but showed on another site plan how that user would impact the site. Mr. Lnenicka stated that Mr. May has indicated he will look at the architectural features, styling, color and materials of the downtown buildings in an effort to incorporate some common themes and also look about landscaping the parking lot and side areas, the frontages, to be very attractive and upscale in appearance. Mr. May stated they do plan to incorporate quite a few things within the development that will bring it more to an upscale type development and the tenants they are working with are some of the better businesses here. He stated the 90,000 square foot business that is shown on the plan is an upscale department store that will be new to the Atlanta market and would be one of the first stores put in this area but he is not at liberty to say who they are at this point per their request. He stated they are working with the city staff on landscaping needs and in addition they are requesting for a variance for impacting into the landscape buffer. He further stated they would be willing to do whatever they need to do within that area that is left to shield the residents in the back as far as building fences, densifying the tree density back there and giving it a much better screening effect. Mr. May stated Publix builds a very nice building and they will follow along that same type architectural theme within the rest of the development. He stated they have talked with Mr. Lnenicka about incorporating some of the features that are seen in downtown Smyrna and they are willing to incorporate a lot of those same features - color schemes, types of material - into their development. Mr. Lnenicka stated the city would be willing to work with them in terms of number of parking places required if that means more landscape islands in the parking lot. Councilman Lnenicka stated the first variance involving the landscape buffer really involves trying to wind a road around the rear of the shopping center and knowing the trucks, as well as the cars, make rounded curves as opposed to ninety- degree angles and the road, in a couple of places, is curving through the buffer area as opposed to going straight through the buffer area - at three locations. Councilman Lnenicka stated the only persons impacted will be Mr. May's company, as they own the other lots adjacent to this property on Gaylor Street. Mr. May stated the properties in the v-shaped area behind the proposed Publix have large back areas as the residences are near the front of their property. Councilman Lnenicka stated they would not be doing anything to a buffer area that is close to a home and residence. Mr. Lnenicka stated the variance, if approved, would involve three locations on the property - one on the northwest side and two directly behind the Publix in the v-notch area indicated on the plans. Mr. May stated they will plant whatever is required by the city in the buffer areas. Mr. Lnenicka stated that has not actually been established and as part of the overall plan the applicant may come back with might include some additional variances which he will work with the applicant on to package all the requirements together as stipulations and come up with something that will be suitable and acceptable. Councilman Lnenicka stated he plans to suggest that a couple of the requested variances be postponed to allow them to develop more of the package and total development picture. .. December 7, 1998, meeting - continued Councilman Lnenicka made a motion to approve the variance request at 4596 Camp Highland Road to reduce the required 50-foot landscape buffer to 10 feet in the three designated areas on the plans presented this evening. Councilman Wood seconded the motion. Motion was approved 7-0. (I) Variance Request - 4596 Camp Highland Road - Increase Free Standing Monument Square Footage from 75 feet to 150 Feet See narrative above. Councilman Lnenicka stated this variance is basically to double the size of the signs. He stated in discussions with the applicant and other involved persons, they would like to have two signs on both frontages - one on South Cobb Drive and one on the East/West Connector (east and south side respectively). He further stated at this time there is no design for a sign or all the final tenants or how the sign could be designed to combine the signs to fit with the center and the overall architectural or aesthetic scheme of this. He stated the applicant still wants to increase the size of the sign but at this point it would be premature. He further stated there has been some discussion among council about reviewing the existing sign ordinances and see if it should be amended so as not to require variances. Councilman Lnenicka asked Mr. May if he would be willing to table this variance request for 60 days until the meeting of February 15, 1999, to allow time to work out some of these plans, concepts and designs and come back with a more firm proposal. Mr. May indicated he was willing to do that and explained the only reason he requested the second and third variances is due to the stipulation that you can not come back before council for additional variances on the same property for a year - you can only request one variance every twelve months on a piece of property. He stated the only real variance needed is the one on the landscape buffer and stated sixty days will give them an opportunity to come back with some architectural elevations, color schemes, materials and a whole design to be approved. Councilman Lnenicka asked City Attorney Chuck Camp if this would jeopardize the city's right if they table this variance as opposed as rejecting it to still hear this in 60-days and move forward on it. City Attorney Camp stated it would not jeopardize the city's right. Councilman Lnenicka made a motion that the variance request at 4596 Camp Highland Road to increase the free standing monument square footage from 75 feet to 150 feet be tabled until the February 15, 1999, council meeting. Councilman Wood seconded the motion. Motion was approved 7-0. ..., (J) Variance Request - 4596 Camp Highland Road - Allow Development to Use a Flat Roof Design ..." See narrative above in Items (H) and (I). Councilman Lnenicka stated this variance request the applicant be allowed to use a flat roof design and in conversations with city staff, they have explained grocery store type buildings, in order to make the mechanicals work and the building work and these types of things, this is a very standard type request. Mr. Lnenicka stated the applicant has stated they would like to do something that would be architecturally pleasing and would screen the roof-mounted mechanicals and they are not sure what the building design will be. Councilman Lnenicka made a motion to table the variance request at 4596 Camp Highland Road to allow the development to use a flat roof design until the February 15, 1999, council meeting. Councilman Wood seconded the motion. Mr. Lnenicka asked Mr. May if that was agreeable with him and he responded it was. Motion was approved 7-0. (K) Closure and Abandonment of Extreme Northern End of North Matthews Street Mr. Smith stated when this project was approved this property was shown in the plans that were adopted by council as part of the development on Windy Hill Road. Mr. Smith stated the purpose of the abandonment is to close the extreme north end of North Matthews Street beginning at a point on the south right-of-way line on Windy Hill Road and running south a distance of 503 feet. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the closing of the abandoned right of way. City Attorney Camp administered the oath to Mr. Kevin Moore, representing the development, and Mr. Jim Eastham, who was in opposition. -- Councilman Scoggins recognized Mr. Eastham, attorney representing several businesses that are in the Five Points Area - Smyrna Roswell Road and Matthews Street, North Matthews Street. Mr. Eastham stated his objections for possible litigation later. Constitutional objections to the closure of a street that is in existence now and stated that is a violation of his clients' 5th and 14th Amendment rights - taking without just compensation. He also stated he feels the requested closing is based in a discriminatory manner as you have predominately Hispanic Americans living in the Gregory Apartments directly behind this property on North Matthews December 7, 1998, meeting - continued ... Street and behind his clients' businesses that front on Smyrna Roswell Road and also the predominately African-Americans that live in the Rose Garden Hills development which is just on the other side of Smyrna Roswell Road at the intersection with Matthews Street. Mr. Eastham stated the legal standard that this council has to consider is to determine, before you can declare a road abandoned properly, that the road has ceased to be used by the public so as to no longer serve any substantial useful purpose and he presented to the council, for their consideration, that the Hawthorne School might later be used for general student population that might be living in these homes in the Pulte Homes Development. He further stated that by blocking off Matthews Street, those children will now be forced to the Windy Hill Road side and the traffic and the safety concerns that would be attendant with that. He stated an additional concern, additional substantial useful purpose that this road serves or would serve this development if it were allowed to connect with the development, is anyone going westbound on Windy Hill, because there is not a median cut there at Windy Hill that lines up with the curb cut for the development, would have to pass the entrance to the development, make a V-turn across eastbound Windy Hill, cross two lanes of traffic to get into a decellane, if it has been proposed, and then take a right turn into the development. Mr. Eastham stated if Matthews Road is allowed to access this property the people going westbound on Windy Hill could simply make a normal left-hand turn at Smyrna Roswell Road, where it intersects, take that left-hand turn and go through the business community they are trying to revitalize, take a right turn and access the rear of the property as it faces Windy Hill Road. He stated those are the concerns of his clients and he further stated he has had one discussion with Kevin Moore today but they are asking for a continuance to allow them an opportunity to talk with the developer about specifically how to connect in with his road system that has been approved by the council at an earlier date and whatever else might be involved in amending his site plan before he actually starts to develop and sell individual lots. Mr. Eastham stated he thought it was very coincidental that of the 90 lots available in the development three or four of the ones he knows have been sold are right on the Matthews Street right-of-way. He stated his clients have waited until the closure was posted and advertised but stated they had expressed their concerns when the property was annexed and rezoned as to the closure of the road but that was not the proper time to talk about the closure because that issue was not before council at that time. Mayor Bacon stated that during the rezoning and the subsequent approval of that rezoning, this property was zoned by a plat, so the residents have known all along that there was going to be houses there where the road ended. He further stated the road never went anywhere but was a dead end. Mr. Eastham stated the right-of-way that is owned by the city or county abutted the right-of-way of Windy Hill Road and stated he felt there are other streets along this corridor that have actually been connected to Windy Hill and for whatever reason this one was not and he submits that the reason might have been because of the types of businesses and the citizens that live in that area. Councilman Scoggins asked Mr. Eastham if he was aware that the road has been closed for about 50 years and was a dead end. Mr. Eastham responded that he was. Mr. Eastham stated the 96-home development that is being built is covering, if this closure is approved, that some 500 - 600 feet of Matthews Street is now being gobbled up by the development. He stated they will be building houses and crossing it with roads and basically they have obliterated the road which for 50 years has been there to serve this part of land. He further stated his concern is for the businesses that are on the other side of this proposed dead end that they are not going to have the benefit of 96 homes to patronize their business, revitalize this depressed area and to enjoy the benefits of the growth of Smyrna. Councilman Scoggins stated his concern is since the property was rezoned in the beginning, he has not had the first business person object to anything that is up there and if they object he would like to get their names. Mr. Scoggins stated this area has come a long way in fifty years and he stated he is one of the lucky people that has been here for that period of time. He stated Mr. Eastham was correct in stating it was a run-down area and the city has tried to revive it. Councilman Scoggins stated no one has come to him and told him the city is hurting their business. Mr. Eastham stated a lot of the businesses are for development and are not objecting to a major portion of this road being declared abandoned - they are against the piece meal selection of where these people that are ultimately going to buy homes here that they are not going to be given the opportunity to go out the back of their subdivision. Councilman Scoggins stated he disagreed because when this was advertised not the first person came up here and said you are closing off my street. He further stated the street did not serve any purpose when it was closed off for 50 years. Mr. Eastham stated the property has not been developed for 50 years and this is a different situation with the development. Mr. Eastham stated he disagreed with Mr. Scoggins in that Mr. Bud McCullough is here and he understood that he was here in February and a later meeting where the property was rezoned. Mr. Scoggins asked Mr. McCullough if he is a businessman in the area and Mr. McCullough stated he came at that time with a petition that had about 200 signatures on it that included business owners. Mayor Bacon stated he was surprised that none of the business owners had contacted -- -- December 7, 1998, meeting - continued him and expressed their concerns to him. Mr. Eastham stated they would like to request this item be tabled until the next council meeting which would allow them an opportunity to make a specific proposal that might obviate the need of any litigation. Mayor Bacon asked Kevin Moore, representing Pulte Homes, to come forward. Mr. Moore stated Pulte Homes is the only property owner that is affected by this abandonment and confirmed that North Matthews Street is a dead end and has been for a long time. He stated this section of North Matthews Street has never served any purpose to the property owners that Mr. Eastham represents. He stated it serves the purpose of providing access to the particular piece of property that the city is dealing with - which Pulte Homes owns on both sides of the street. He further stated in all deference to the businesses and the property owners down south of this property, Pulte Homes application and their proposed development is an attempt to revitalize and upgrade. Mr. Moore stated the council had gone through stipulations and approval of the rezoning in order to afford this particular development certain protections. He stated if you open up North Matthews Street into the Pulte development you will do away with the protection that was afforded this single-family, residential development. He stated in this instance abandonment is appropriate and by closing this section of North Matthews Street the city is not taking away anything that any other property owner has ever had before because they have never had access to Windy Hill Road via North Matthews. Mr. Moore asked the council to approve the abandonment as proposed. Mayor Bacon asked Mr. Moore if there is any way the development could be redesigned or re-worked and Mr. Moore stated his client's position is that if the object of the meeting is to see a proposal as to whether or not they could have access of North Matthews into this proposed development they are opposed to that and would object to that strenuously. He stated they would not be amenable to any continuance in order to consider proposals to tie into North Matthews and that is their position tonight. Mayor Bacon asked City Engineer Ken Hildebrandt when the property was rezoned, was it rezoned to a plan. Mr. Hildebrandt stated that was correct. He then asked Mr. Hildebrandt if any changes were allowed to that plan, would the plan have to come back before the council and some type variance or zoning amendment have to be approved. Mr. Hildebrandt responded that was correct. Mr. Hildebrandt further stated the plans for the property showed the proposed abandonment. He then asked Mr. Hildebrandt if Pulte is currently on the property grading and working on lots. Mr. Hildebrandt stated Pulte has been issued grading permits and he believes they have actually started some home construction and Mayor Bacon has signed off on the final plat. Mr. Eastham stated he feels the problem is that the abandonment issue should have been raised before the permits were issued because right now there is a publicly owned piece of property, i.e., Matthews Road right-of-way, that has now been chewed up, graded and a part of the development. Mr. Eastham stated he is not here to fight them on the development but there is about 80 feet, before they get the road laid in and begin selling lots right there affected by that 80-foot piece of Matthews Street, that could be resolved now instead of years down the road. Mayor Bacon asked Mr. Eastham if the took out one lot and tied it into their road, would his clients be satisfied and he responded yes. Mr. Moore stated that is not something they would agree to for the reasons stated previously. Mr. Smith stated the original plans, before Pulte purchased the property, showed a one-entrance subdivision which secured the property, and a change of this nature would drastically alter the original intent of the development. ..." ..... Councilman Scoggins made a motion that the city close and abandon the extreme northern end of North Matthews Street beginning at a point on the south right-of-way line of Windy Hill Road and running south a distance of 503 feet. Councilman Hawkins seconded the motion. Motion was approved 7-0. (L) Alcoholic Beverage License Request - Retail Pouring of Liquor, Beer and Wine - Location Change - Cozumel Mexican Restaurant - 2350 Spring Road Mr. Smith stated Ms. Maricela Coronado is requesting that the alcoholic beverage license for Cozumel Mexican Restaurant, 2350 Spring Road, be issued in her name. Mr. Smith further stated this is a new application and Ms. Coronado is a Georgia resident and has reviewed the ordinance with our Business License Officer. Mr. Smith stated Ms. Coronado has been the manager for Cozumel Mexican Restaurant for the past four years and the office manager for El Rodeo for seven years. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was none. ." Councilman Newcomb asked Ms. Coronado if they were previously located further east on Spring Road and she responded that was correct. Mr. Newcomb asked Ms. Coronado if she was the current license holder at the previous location and she responded that was correct and that she had held the license for approximately three years. Mr. Newcomb asked if the December 7, 1998, meeting - continued ownership is still the same and she responded it is. Mr. Newcomb asked if the previous license was also for retail pouring of liquor, beer and wine and Ms. Coronado responded the previous license was for beer and wine only and this application includes liquor as well. Councilman Newcomb stated for the record that the Police Department investigation revealed nothing that would preclude the issuance of the license to Ms. Coronado. Mr. Newcomb asked Ms. Coronado if she felt she is familiar with all the requirements of the ordinance and she responded she does. Councilman Newcomb cautioned Ms. Coronado that the city does conduct sting operations and urged caution to not serve patrons if they have reached the point where they no longer need to be served. ... Councilman Newcomb made a motion to approve the alcoholic beverage license request for retail pouring of liquor, beer and wine at Cozumel Mexican Restaurant at 2350 Spring Road with Ms. Maricela Coronado as the agent. Councilman Scoggins seconded the motion. Motion was approved 7-0. (M) Business License Request - Taxi International - 1690 Cobb Parkway, Suite F, Marietta, Georgia Mr. Smith stated this is a new application and the applicant, Francisco Antiono Diaz, Jr., has applied for this license. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was no opposition. ... Councilman Lnenicka asked Mr. Diaz if he has a 24-hour, full-time dispatcher at the 1690 Cobb Parkway address and Mr. Diaz responded he and two other employees are there as dispatchers. Mr. Lnenicka asked how many drivers he has and Mr. Diaz responded he has 15 drivers. Mr. Lnenicka asked Mr. Diaz if he understands that Smyrna requires that his drivers must have permits to drive the cabs in the city and Mr. Diaz responded that he did. Mr. Lnenicka asked Mr. Diaz if he had been given a copy of the ordinance pertaining to the regulations pertaining to taxi cabs and Mr. Diaz responded he has the copy and understands them. Councilman Lnenicka asked Mr. Diaz if his current address is 130 North Erwin Street, Cartersville, Georgia, as there were several addresses (due to city error) on the application. Mr. Diaz responded the Cartersville address is the correct one. Mr. Lnenicka stated for the record that the Police Department investigation revealed nothing that would preclude the issuance of the license. Councilman Lnenicka made a motion that the business license request for Taxi International, 1690 Cobb Parkway, Suite F, Marietta, Georgia, be approved for the applicant, Francisco Antonio Diaz, Jr., be approved. Councilman Wood seconded the motion. Motion was approved 7-0. (N) Alcoholic Beverage License Request - Retail Pouring of Liquor, Beer and Wine - Agent Change - Olive Garden - 2467 Cobb Parkway Mr. Smith stated Katrina Louise Jackson has submitted an application for a retail pouring license for liquor, beer and wine. He further stated this is an agent change only. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was none. ... Councilwoman Capilouto asked Ms. Jackson if she has held a license in her name before and Ms. Jackson responded she has held a liquor license previously in Cobb County. Ms. Capilouto asked Ms. Jackson if she is aware that if any of her servers sell to minors she will be responsible for that. Ms. Jackson stated she conducts training and instructs her employees that anyone under the age of 30 is to be carded. Ms. Capilouto asked Ms. Jackson what her position at The Olive Garden is and Ms. Jackson responded she is a bartender, server and a certified trainer. Ms. Capilouto stated for the record that the Police Department investigation failed to reveal anything that would preclude the issuance of the license to Ms. Jackson. Councilman Lnenicka asked Ms. Jackson if she received a copy of the Alcoholic Beverage License Ordinance and she responded she did and she also has reviewed it and discussed it with The Olive Garden home office and reviewed it with them as well. Councilwoman Capilouto made a motion that the alcoholic beverage license request with Katrina Louise Jackson as the agent for The Olive Garden Restaurant at 2467 Cobb Parkway for retail pouring of liquor, beer and wine be approved. Councilman Newcomb seconded the motion. Motion was approved 7- O. December 7, 1998, meeting - continued FORMAL BUSINESS: (A) Approval of Wastewater Rate Increase Councilman Lnenicka stated this is one of a series of increases that have been passed on to the city by the Cobb County-Marietta Water System and Authority. He stated they have had a plan in effect for a number of years that called for a 4 % wastewater rate adjustment every year and we are in the fourth year of a five-year program at this point. He stated the authority is hoping that the planned rate increase next year will be the last for some period of time. Councilman Lnenicka stated the city has no other options as the Authority treats the wastewater and is the sole source provider and have implemented to their customers a 4 % wastewater rate adjustment effective January 1, 1999. Councilman Lnenicka stated that on the positive side, the authority has also tagged on a 2 % water rate increase and he is pleased to report that after discussion by the Authority Board and review by their staff, they decided in November that the 2 % water rate increase to be effective January 1, 1999, has been put off and they have agreed not to do that this year and they are hopeful they can hold the line here for a period of time. Councilman Lnenicka stated the Finance Committee has recommended the city do a straight pass-through adjustment to the retail customers in the City of Smyrna. Councilman Scoggins asked if the citizens will be notified in advance of the increase and Mr. Smith stated they will be notified via the water bill. Councilman Lnenicka made a motion that the rate increase being proposed will be a straight pass through of 4 % effective January 1, 1999, on the retail waste water rate. Councilman Hawkins seconded the motion. Motion was approved 7-0. ...., (B) Approval of the Renewal of Telecommunications Management Services Contract Councilman Lnenicka stated the city has used the Georgia Municipal Association to represent the city in negotiating telecommunication management contracts and franchise agreements. Mr. Lnenicka stated GMA is currently performing this service for the City of Smyrna but there is a fee for the service but they have been very successful in negotiating franchise agreements on behalf of the city. Councilman Lnenicka made a motion to continue the Telecommunications Management Services Contract with GMA for an annual cost of $11,500 and authorize the Mayor to sign the documents. Councilman Hawkins seconded the motion. Motion was approved 7-0. -- (C) Amendment to Short Term and Long Term Disability Insurance Policy Councilman Wood stated the Human Resources Committee, the City Administrator and the Mayor have met with the account manager for the city's long term and short term insurance coverage - Provident Insurance Group. Mr. Wood stated as a result of that meeting and a review and substantial analysis of the program he would like to move to approve the following amendments to the Short Term and Long Term Disability Insurance Policy: 1. L TD - Change Own Occupation Period from 3 years to 1 year 2. LTD - Change Own Occupation Income levels from 80% to 50% 3. STD and L TD - Change Eligibility Waiting Period to reflect a required 1 year waiting period from employee's employment date, to be covered under STD or LTD benefits. Councilman Scoggins seconded the motion. Motion was approved 7-0. (D) Approval of 12-Hour Work Shift - Police Department Councilman Newcomb stated the Police Department has asked the city's approval of a change in their work shift hours. Councilman Newcomb asked Acting Police Chief Mike Brown to come forward and explain the proposed change in work shift. Mr. Newcomb stated essentially the police department will go from a 4 and 2 to a 3-2-2-3 etc, 12-hour shifts instead of 8-hour shifts. Mr. Newcomb stated it is the belief of the Chief that this will lead to a more efficient use of manpower, give them more hours, more days and reduce some operational costs in the sense of overtime and compensatory time, and in addition to increasing the overall productivity they also believe it will be a plus for morale. Mr. Newcomb asked Mr. Brown to explain the proposal in a little more detail. Acting Chief Brown stated basically that in an effort to enhance the delivery of police services to the citizens of Smyrna, approval is hereby sought to implement a twelve-hour work schedule for the Uniform and Jail Divisions of the Police Department. It is believed the proposed change will allow for a more effective and efficient use of manpower and resources. He further stated they are currently working a schedule where officers work 4 on and 2 off and as requested by the city they have been asked to look at an 80- .."" December 7, 1998, meeting - continued .. hour work period and the schedule of 4 and 2 allows for short week of a 36-hour work week and which over a period of a year allows for 18 days off a year that you would not get as opposed to a regular 80-hour work period and what this schedule does is eliminate those 18 days and those will now be work days and personnel will go from an 8-hour shift to a 12-hour shift because right now we work 4 days on and 2 days off. The new schedule when they go to a 12-hour work day, an officer will come to work and work 3 days on, be off for 2 days, come back and work 2 days then be off for 3 days, come back and work 2 days and then take 2 days off. He stated that is in a 14-day work cycle and it starts all over again at that point. He stated basically personnel is working 7 out of 7 days and will afford the opportunity for officers to be off every other Friday, Saturday and Sunday. He further stated this will allow the city to have more officers on the street on each particular shift than we have now and will give the city better coverage. Mr. Brown stated there had been some questions about fatigue, stress, etc., and those questions have been answered by many other police departments. He stated in a letter sent to the Mayor and Council they had surveyed a number of other city, county and sheriffs departments and each department that has been on this schedule, have reported great success, increased morale amongst the troops and higher productivity and he feels this is a real opportunity for us to join those ranks and be in the same situation as those departments. Mr. Smith stated that council, in their working last year to improve the compensation package for police and fire in particular, and all employees, and made a major change in that and a major commitment, charged the police department with coming up with an 80-hour pay period and this proposal comes back as the police department's recommendation as to how to do that. Mr. Brown responded that was correct and this is the Chief of Police's recommendation but he is unable to be here this evening due to a family illness. He further stated Chief Hook supports this and he gives his 100% support to this proposed schedule. Councilman Hawkins asked Mike Brown if he is certifying to the mayor and council, that in his opinion, that working this 12-hour shift will not present any hazard to the officer as far as the fatigue factor. Mr. Brown responded he knows of none and there are a number of departments that work this schedule and there has been no case history to indicate there has been a problem. Mr. Brown urged the council to remember that the most hours an officer will work is three days - 36 hours and one of those will be a short shift. He further stated the schedule of 12 hours a day comes out to an 84-hour pay period and what they will do is they will tax the lieutenants who run the shifts with the job of making sure each officer takes an additional 4 hours off during that work period. He further stated it may be a situation when an officer is in school, needs a particular day off, or it may be a situation where an officer needs to go to a doctor or something like that, and could be a number of situations where you give them those extra 4 hours off during that pay period. Mr. Smith stated at the mayor's request, he had asked the city attorney who reviews the city's personnel matters, to review this in terms of any impact on the schedule and also talked to one of the physicians that performs the physicals for the new police officers or for other matters for the police and actually the physician recommended this enthusiastically as a way to break the tedium and the monotony of working 8 hours every day and gives them that break that actually refreshes them and confirms everything the other police departments had said about increasing morale and productivity. Councilman Lnenicka asked Lt. Brown about the compensatory time that was being accrued and not used and paid and asked if there is any hidden surprise in this new schedule that would result in those comp time hours exploding up to a terrible level that would again represent an unfair burden on the officers. Lt. Brown stated there was nothing that would indicate that that's going to happen and he further stated that anytime you are going to increase the number of hours that the officers are working, even if you moved to a 5 and 2 schedule, anything they do is increasing the number of hours that an officer is working compared to the 4 and 2 schedule. He further stated what this does is tell us we need better management in managing the time of the officers. He stated he is not going to sit here and tell the council that there is not going to be comp time or overtime because they are in a situation in police work that if an officer is at a position where he is at a call, you can not relieve that officer just automatically but does not see it as being any greater than what they are at right now. Councilman Lnenicka stated the city will not change the way that is managed and then give those officers that comp time or pay them for it. Lt. Brown responded that was correct. Mr. Smith stated the potential because of the ability to vary schedules with good supervision, the city should have the opportunity to manage it at least as good if not better under this scenario. Lt. Brown responded exactly plus the fact they will have more people working which allows greater flexibility in allowing time off for officers who may have generated some of that comp time within that same work period and if you see those officers going toward overtime or comp time with more officers on the street it is easier to say OK we are going to give you this time off and help them manage that a little bit better as well. .. -- Councilman Newcomb thanked Lt. Brown and the other leadership in the police department for all the due diligence they have done in researching this and putting together the proposal. He December 7, 1998, meeting - continued stated the elected officials seem to have held them to a high standard of diligence making your case because of the importance of the responsibility that you and your folks hold. Councilman Newcomb made a motion to approve the request of the police department to go to a 12-hour work shift, etc., schedule as proposed by the department to be effective January 1, 1999, or with the first pay period in January, 1999. Councilman Lnenicka seconded the motion. Motion was approved 7-0. Mr. Smith thanked Captain Clack, Captain Brack and Lt. Brown for their efforts in this. He then asked Lt. Brown to extend his appreciation to the officer who prepared the report - Officer Haley Alexander. Councilman Newcomb asked Captain Brack if he would like to make any comments and he stated Lt. Brown had pretty much covered everything and they are all pretty much in agreement with the Chief including myself and supporters of the jail division and the jailers are in favor of it. ...., Mr. Steve Y oungelson, attorney for the Cobb Center Pawn Shop representing Mr. Oami, asked if he could request a continuance for the Show Cause Hearing scheduled as the last item on the agenda. Mr. Y oungelson stated he is a recent heart attack victim and he is way past the time for his medicine and respectfully requested a continuance. He further stated he understood the council has other matters to consider but asked for a continuance since he can not go on for health reasons. Mr. Al Cochran came forward and stated the only problem with Mr. Y oungelson' s request is that the city has a licensee operating a pawn brokers office and by granting a continuance would allow him to continue to operate it in a matter that the city feels would be inappropriate and probably should not be entitled to do it. Mr. Cochran stated he appreciates Mr. Youngelson's position and if he needs to take medicine....Mr. Youngelson stated he would have to go to East Marietta and in all honesty just could not stay. Mr. Y oungelson stated that actually he was planning to ask for a continuance anyway because the code section cited 22-108(2) said they are supposed to get a statement on what they did wrong and they have a time and place and they do not have a violation. Mr. Cochran stated he would be ready to address that when the hearing is called and Mr. Y oungelson stated they are ready, they have three lawyers and a court reporter present but again due to the late hour he can not go forward. Mayor Bacon called for a five-minute recess. Mayor Bacon reconvened the meeting and informed Mr. Youngelson the Show Cause Hearing will be re-scheduled (as a continuance) to Monday night, December 14, 1998, at 7:00 p.m. Mr. Youngelson stated this is in now way an attempt to put off the hearing. Mayor Bacon stated Show Cause Hearings are always at the last of the agenda. Mr. Newcomb asked Mr. Cochran stated he wanted to be sure they would not come back a week from now and state this is not enough notice. Mr. Cochran stated the city has given them written notice of the meeting tonight and that is the reason he wanted to get on the record that the Monday night meeting is a continuation from this meeting and will not be a new meeting. Mr. Newcomb asked Mr. Y oungelson if he concurs with that and Mr. Y oungelson responded he did but he would request that tomorrow or the next day the city be a little more specific under Code Section 22-108(2) as to the violation due to the fact he could not find that section in the ordinance. Mr. Cochran stated he would be glad to give him a written amended statement if he would like and Mr. Y oungelson stated for the record that as long as he is given the reason why they are here, the purpose, he will not object to it and a phone call would be sufficient. Mr. Cochran stated with that stipulation he would be happy to give him adequate reason as to why he is here. Mr. Y oungelson asked if his client has status quo right now and was told that was correct. ...., Councilman Scoggins made a motion that the Show Cause Hearing be rescheduled as a continuance for Monday, December 14, 1998, at 7:00 p.m. in the Council Chamber. Councilman Newcomb seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Building Permit - RACO General Contractors - 5640 United Drive - Construction of a 309,700 Square Foot Office/Warehouse Building "-11II Councilman Wood stated this is for United Distributors at 5640 United Drive in the Highlands Park and the estimated total cost of the building is $9,500,000. Councilman Wood made a motion that the building permit for RACO General Contractors to construct a 309,700 square foot office/warehouse building at 5640 United Drive be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. 'I December 7, 1998, meeting - continued BID AWARDS: (A) Bid A ward (Bid #98060) - Operating System Software ... Councilman Lnenicka stated this bid is for the system software and when the bid was previously awarded to the low bidder they stated they had had an increase in prices from the distributors and therefore their prices are going to go up. Councilman Lnenicka stated the city has a situation where the city would not be able to enforce the low bid submitted by that company. Councilman Lnenicka stated the city has decided to award the bid to the next low bidder since the increase from the original bidder, MicroStore. Councilman Lnenicka made a motion to allow MicroStore to withdraw their original bid and award the bid to the new low bidder is Unisys/SDS for $14,625 for the NT Server and Exchange only. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Bid A ward (Bid #98078) - Sale of City Owned Surplus Property (39.95 Acres) Councilman Lnenicka stated the city issued request for proposals to almost 30 developers and builders for some property the city surplused that is part of, but not inclusive, of the actual dumpsite that the city operated years ago. He further stated the property has never been used for a dump and is buildable and is surplus to the city needs as the city is not going to be opening any landfills or operating any dumps in the future given the current and future regulations. Councilman Lnenicka stated the property has been appraised by Joe Clinton Buckner, which came back less than the amount of the bid he is going to recommend be awarded this evening. Councilman Lnenicka stated the city received three proposals and one of those bids was subsequently withdrawn. Councilman Lnenicka stated in this case the high bidder is Whitlock Builders. Councilman Lnenicka stated Whitlock Builders had attached a contract with specific terms that becomes a part of their proposal. Councilman Lnenicka made a motion the city accept the proposal of Whitlock Builders, Inc., for $1,200,000 with the attached contract and specific terms as part of this for the sale of the surplus property previously and authorize the mayor to sign and execute the necessary documents. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Bid Award (Bid #98076) - Chassis Mounted Leaf Vacuum ... Mayor Bacon asked Councilman Hawkins to address this bid award. Councilman Hawkins stated at the November 16, 1998, council meeting the mayor and council approved a bid award to Mack Sales of Atlanta, the low bidder meeting specifications, for a chassis mounted leaf vacuum truck. Mr. Hawkins stated this award was at the recommendation of the Purchasing Agent and the Public Works Committee. Councilman Hawkins stated he was contacted about a week ago by the Public Works Director who informed him this particular equipment (from Mack Sales) did not meet specifications. Councilman Hawkins asked Jack Millet, Purchasing Agent, to come forward for an explanation. Mr. Millet stated based on the previously used specifications, the apparent low bidder was Mack Sales at $71,500. Mr. Millet stated each bid document has an area where the vendor is asked to acknowledge if they take exceptions to the city's specifications and if so they are required to itemize them. Mr. Millet stated they had indicated there was an exception to the bid and attached all the specifications with a notation that the wheelbase had been changed to 219". According to Mr. Millet's recommendation, the bid was to be awarded to the low bidder provided the Public Works Department approved the specifications. He further stated the change to the wheel base was not the only change to the ODB leaf vacuum the city specified but they also included specs for a different brand and this did not come to light until after the bid was awarded at the November 16, 1998, council meeting. Mr. Millet stated he verified with Mack Sales of Atlanta that they were not bidding on an ODB leaf vacuum machine which does not meet the city's specs. Mr. Hawkins stated if Mack Sales is the vendor to receive the bid, their price would increase by about $2,500 thus disqualifying them from being the low bidder. ... Councilman Hawkins made a motion to rescind the bid award of November 16, 1998, to Mack Sales of Atlanta for a chassis mounted leaf vacuum at $71,500 and award the bid to Fouts Brothers for a UD GMC truck with a delivery price of $73,217.39. Councilman Wood seconded the motion. Motion was approved 6-0-1 with Councilman Scoggins abstaining. December 7, 1998, meeting - continued (D) Bid Award - Two Pickup Trucks for Utilities Services Division - Finance Department Councilman Lnenicka stated these trucks are for the meter readers in the Utilities Service Division of the Finance Department. Councilman Lnenicka stated the city had previously requested permission to request to bid on November 2, 1998, and authorized going out for bids as an approved capital plan item, however, according to Jack Millet, Purchasing Agent, noted that one of the two types of trucks authorized in the bid specs is on a State contract and therefore the city does not have to bid out these vehicles if we purchase off the State contract. Councilman Lnenicka stated Mr. Millet has requested that the city not go out for bid and purchase these two pickup trucks from Hardy Family Ford of Dallas and they will be 1999 Ford Ranger XL pickups at a price of $14,381.09 each for a total of $28,762.18 and moved approval of the purchase of the trucks from State contract. Councilman Wood seconded the motion. Motion was approved 7-0. .... (D) Bid Award (Bid #98080) - Computer Equipment for Various Departments Councilman Lnenicka stated the city is continuing to upgrade and install computer equipment for a number of city departments as part of a long-term capital improvement plan. Councilman Lnenicka stated a number of bids were received for different items - computers and printers - and the recommendation from staff and moved to award Micro Tech the bid for the computers at a total cost of $17,442; and the bid be awarded to SDS for printers for $1,495 and these will be the low bidders for the equipment. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) (B) (C) (D) (E) (F) (G) (H) (I) *(J) Approval of November 16, 1998 Minutes Approval to Use Council Chambers - Thursday, December 10, 1998 - 7:00 - 9:30 p.m. - Veterans Memorial Committee Meeting Approval to Request Bids - Meter Vault Touch Read Sensors Approval of Budget Transfer - Parks and Recreation Department - Tolleson Building Project Approval of Consent Order and Judgement - Argyle Realty Company, et al v. the City of Smyrna Approve Amendment to Deferred Compensation Plan Document Approval to Advertise closure of Oak Drive at Oakdale Road Approval of Budget Transfer- Police Department - Jail Expenses Approval to Request Bids - Two Warning Sirens and Installation Approval to Accept Title to the Property known as 3655 Love Street, Smyrna, Georgia, from Mr. Eubanks .... Councilman Hawkins made a motion to suspend the rules for the purpose of adding an item (J) to the Consent Agenda. Councilman Newcomb seconded the motion. Motion was approved 7- O. Councilman Cramer made a motion to approve the amended Consent Agenda. Councilman Wood seconded the motion. Motion was approved 6-1 with Councilman Lnenicka opposed. COMMITTEE REPORTS: Mayor Bacon stated if the residents have not been to the downtown area the tree lighting is beautiful and the city had a great event December 1, 1998. Councilwoman Capilouto had no report. Councilman Newcomb stated the Fire Chief has asked that he announce "burn days" as follows: ..., Saturday, December 12 with a rain date of December 19, 1998 Saturday, January 2, 1999, with a rain date of January 9, 1999 Saturday, February 6,1999, with a rain date of February 13,1999 Councilman Newcomb encouraged anyone with questions concerning burning to call the Fire Department at 770-434-6667. December 7, 1998, meeting - continued Councilman Newcomb expressed best wishes to Patty Hook, wife of Police Chief Hook, who has been ill and is recovering. Councilman Newcomb congratulated Melinda Dameron and the Probation Services personnel. He stated based on documents submitted to the Georgia Peace Officers Standards and Training officials, they have been recognized as a Georgia Municipal Probation Agency. Councilman Scoggins had no report. Councilman Hawkins apologized for the city running behind on the leaf collection program but there have been mechanical problems with the one city truck but hope to get caught up soon. .. Councilman Cramer, Councilman Lnenicka and Councilman Wood had no reports. Mr. Smith commented on the Christmas Parade and congratulated Patty Bacon for the excellent event and he also commended Maryclaire Andres, Steve Ciaccio and other Parks Department staff for their efforts. Mr. Smith also stated the Christmas tree formerly located near the old city hall has been relocated to the pond area by the Community Center. Mr. Smith stated there are a number of events planned through the Christmas season and encouraged anyone interested to call the Community Center for a schedule of those events. Mayor Bacon urged everyone to come to the downtown area and see the Santa house. SHOW CAUSE HEARING: (A) Cobb Center Pawn - 2175 Old Concord Road Continued to December 14, 1998, at 7:00 p.m. (see narrative before Commercial Building Permit section of the minutes). ADJOURNMENT .. tlidttrlt - tOlHr-lA81- M I A DAMERON, CITY CLERK .oJWJIlllU. ~)I ~AJwt", ~- J~ CHARLENE CAPILO TO, WARD 1 RON NEWCOMB, WARD 2 -- c~~~.~ December 14, 1998 The meeting of Mayor and Council continued from December 7,1998, was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:00 o'clock p.m. All council members were present except Councilman Wood. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. SHOW CAUSE HEARING: (A) Cobb Center Pawn - 2175 Old Concord Road -- Mr. Al Cochran, attorney for the City of Smyrna explained the purpose of the meeting is to conduct a Show Cause Hearing for Cobb Center Pawn - 2175 Old Concord Road - to consider the revocation, suspension or probation of the business license. Mr. Cochran further stated there are 14 charges of theft by receiving against the business owner Mr. Chaim Oami. Detective Ricky Lee presented the evidence against the Pawn Shop. After debate by both attorneys the Mayor and Council recessed to consider their decision. Councilman Cramer made a motion that the business license for Cobb Center Pawn, 2175 Old Concord Road, be suspended for a total of seven days and the business be placed on probation for five years. Councilman Cramer stated the suspension will be in effect January 1 - 7, 1999, with the business receiving credit for the days already closed. Councilman Newcomb seconded the motion. Motion was approved 6-0 (Councilman Wood was absent). ADJOURNMENT With no further business, the meeting adjourned at 9:45 p.m. ... ~/~/)-- A. MAX BACON , MAYOR 6htkvt !(j M1\L1~ MELINDA DAMERON, CITY CLERK tv O~.J N~-J cJ.- , WARD 1 RON NEWCOMB, WARD 2 ~] .. ~~~ CHARLES PETE WOOD, WARD 7