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03-19-2007 March 19, 2007 Council Meeting March 19,2007 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present except Council Member Smith. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Assistant Public Works Director Frank Martin, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, Community Relations Director Jennifer Bennett, Finance Director David Boyd, Community Development Director Ken Suddreth, Assistant City Administrator Eric Taylor, Ofc. Tony Maloney, Benefits Coordinator Meredyth Brown, Deputy Chief Mike Brown and representatives of the press. Invocation was given by Reverend Joe Blocker from Sharon Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: - Mayor Bacon stated agenda item 4 A (Annexation request (100% of owners requesting annexation) - 1.834 acre tract - Land Lot 692 4601 South Cobb Drive - Barclay Macaul) will be tabled until the April 2, 2007 meeting. Mayor Bacon stated agenda item 4 B (Public Hearing- Rezoning Request 207-039 - Land Lot 604 and 621, 4390 South Cobb Drive - 2.24 acre tract- Cooper Lake, LLC will be tabled until the April 2, 2007 meeting. Mayor Bacon stated agenda item 4 C (Public Hearing - Rezoning Request Z07-005 - Land Lot 301 - 2.776 acre tract- Imagine Schools, Inc.) has been withdrawn by the applicant. Mayor Bacon stated agenda item 5 A (Public Hearing - privilege license request - retail package sales (beer and wine)- CVS Pharmacy #4470 - 2994 Atlanta Road - Kimberly D. Hamilton, agent applicant) will be tabled until the April 16, 2007 meeting. Mayor Bacon stated agenda item 6 A (Public Hearing - Approval of Highlands Apartments redevelopment project within the Atlanta Road Corridor tax allocation district {TAD} application) will be tabled until the April 2, 2007 meeting. MAYOR'S REPORT: Mayor Bacon recognized faculty and students from Nickajack Elementary School. The students conducted a Character Education Program presentation for those present. Mayor Bacon recognized Chief Lanyon, and Chief Lanyon thanked the associates of Greater Southern Distributors for donating some recreational equipment to the City Fire Department. Mayor Bacon recognized Ms. Terry Bono from the Cobb County Underage Drinking Task Force and Ofc. Maloney. Council Member Wood read a Proclamation in recognition of Alcohol Awareness Month 2007 to the assembly and presented the Proclamation to Ms. Bono. Mayor Bacon recognized Ms. Kirk and Keep Smyrna Beautiful Commission (KSB) members, and Ms. Kirk presented the Image Enhancement Award to the German Auto House (GAH) on Jonquil Drive for the efforts made by the owner to beautify the premises of that establishment. Council Member McNabb thanked the members of KSB for their contributions to the community. - Mayor Bacon recognized Mr. Corey, and Mr. Corey introduced Benefits Coordinator Meredyth Brown to those present. Mr. Corey recognized Deputy Chief Mike Brown, and Deputy Chief Brown provided details to those present concerning a recent incident during which Ofc. Eric March 19,2007 2 Smith took actions to help save the life of a two-year old child. Mr. Corey presented the Employee of the Month certificate to Ofc. Eric Smith in recognition of meritorious service. Ofc. Smith commended other public safety personnel and members ofthe U. S. Armed Forces overseas for the efforts they make every day to help keep our communities safe. - Mayor Bacon recognized a representative of Moreland Altobelli who provided details to those present in relation to updated plans for the Church Street Center. Mayor Bacon recognized Deputy Chief Mike Brown, and Deputy Chief Brown stated he contacted the Cobb County Health Department (CCH) regarding inspection of Alex Backry's premises. Deputy Chief Brown stated that, although Mr. Backry agreed to meet with various health and safety officials at his residence for the purpose of inspecting the premises in connection with health concerns, Mr. Backry could not be found when the officials arrived at the subject location at the appointed time. Deputy Chief Brown stated he was subsequently contacted by Mr. Backry and advised that if CCH and other agencies wish to inspect his residential premises they must first contact his attorney. Deputy Chief Brown stated that he then told Mr. Backry that CCH and other officials had intended to inspect the subject premises on the basis of the request Mr. Backry had agreed to at the previous council meeting and that the City and CCH will not be contacting Mr. Backry's attorney nor will they be returning to his residence. LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Annexation request (100% of owners requesting annexation) - 1.834 acre tract - Land Lot 692- 4601 South Cobb Drive - Barclay Macaul MOTION: Council Member Lnenicka made a motion to table annexation request for a 1.834 acre tract in Land Lot 692at 4601 South Cobb Drive for Barclay Macaul until the April 2, 2007 meeting. The motion was seconded by Council Member Wood. Motion to table the measure was approved 6 - o. - (B) Public Hearing - Rezoning Request Z07-039 - Land Lot 604 and 621,4390 South Cobb Drive - 2.24 acre tract - Cooper Lake, LLC Mayor Bacon asked if there is anyone present in connection with this matter, and there was no response. MOTION: Council Member Lnenicka made a motion to table Rezoning Request Z07-039 for Land Lot 604 and 621, 4390 South Cobb Drive for a 2.24 acre tract for Cooper Lake, LLC until the April 2, 2007 meeting. The motion was seconded by Council Member Wood. Motion to table the measure was approved 6 - O. (C) Public Hearing - Rezoning Request Z07-005 - Land Lot 301 - 2.776 acre tract- Imagine Schools, Inc. Mayor Bacon asked if there is anyone present in connection with this matter, and there was no response. MOTION: Council Member Lnenicka made a motion to accept the withdrawal of Rezoning Request Z07-005 for Land Lot 301 for a 2.776 acre tract for Imagine Schools, Inc. as submitted by the applicant. The motion was seconded by Council Member Newcomb. Motion to accept the withdrawal was approved 6 - O. - March 19,2007 3 (D) Public Hearing - Rezoning Request Z07-002 - R-15 to RAD Conditional - 0.912 acre tract - ] ]59 Bank Street & 1171 Bank Street - Jason Allen - Mr. Wright stated the applicant is requesting rezoning of the subject tract for the purpose of constructing three new houses thereon at an overall density of 3.29 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) recommends approval ofthe request, and that staff supports the request with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Jason Allen, and Mr. Allen provided details to those present concerning his plans for the subject property. Mr. Allen stated the planned houses will have selling prices starting at around $700,000. Mr. Allen stated the rezoning will not entail a land use change. Mr. Suddreth provided details to those present regarding storm water management, screening and other considerations of this request. Mr. Suddreth showed graphic representations of the proposed structures to those present. Council Member Scoggins asked Mr. Allen ifhe is in agreement with all standard conditions applicable to this rezoning request, and Mr. Allen answered in the affirmative. At Council Member Scoggins' request, Mr. Suddreth read the special conditions ofthis rezoning request into the record as follows: Special Conditions (P]anning and Zoning Board has added stipulations 14 and 15) 10. The development shall maintain the following minimum setbacks: Front - 25' Interior Side - 5' (minimum of 15' between residences) Exterior Side - 10' Rear - 30' - 1]. Driveway - 22' minimum length from building face to edge of sidewalk. Each unit shall have a two-car garage. 12. The right-of-way along Bank Street shall be increased to 50 feet to match other residential road right-of-ways. Therefore a dedication of 5 feet is required. ] 3. Homes fronting Bank Street shall employ architectural features on the side elevations visible from Bank Street so that they mirror the front elevations. 14. The developer shall employ a storm water collection system for each home. The developer shall use the F]ow-Well Storm Water Leaching System produced by NOS, Inc. If this system is unavailab]e at the time of construction, the developer shall use an alternative system with approval from the city engineer. ] 5. An evergreen buffer consisting of 8' to 10' trees shall be installed in a staggered manner on 5' centers along the western property line. 16. The work site shall be posted with a sign specifying permissible hours for construction activity. - March 19, 2007 4 Council Member McNabb asked Mr. Allen ifhe will agree to an additional stipulation requiring the work site to be posted with permissible hours of construction activity, and Mr. Allen answered in the affirmative. - Council Member Scoggins asked Mr. Allen if he is in agreement with all the special conditions applicable to this rezoning request, and Mr. Allen answered in the affirmative. Council Member Newcomb asked Mr. Suddreth if it is correct that the 0.912-acre rezoning will be in conformity with the current land use plan, which indicates a land use of Medium Density Residential, and that the density for the proposed development will not require a change in the Future Land Use Map, and Mr. Suddreth answered in the affirmative. Council Member Newcomb asked Mr. Allen why he is choosing the subject area for this considerable investment, and Mr. Allen stated Smyrna is widely regarded as a good place to live. Mayor Bacon recognized Ms. Marcel Simonnette (phonetic), and Ms. Simonette expressed concerns about storm water runoff in the subject area. Mr. Suddreth stated there will be a Flow-Well system on each house. Mr. Suddreth stated that regulations mandate that post- development runoff cannot exceed the predevelopment run-off level. MOTION: Council Member Scoggins made a motion to approve Rezoning Request 207- 002 from R-15 to RAD Conditional for 0.912 acre tract at 1159 Bank Street and 1171 Bank Street for Jason Allen subject to special conditions as read into the record and applicable standard conditions. The motion was seconded by Council Member Pritchett. Motion was approved 6-0. PRIVILEGE LICENSE: (A) Public Hearing - privilege license request - retail package sales (beer and wine) - CVS Pharmacy #4470 - 2994 Atlanta Road - Kimberly D. Hamilton, agent applicant - Mayor Bacon asked if there is anyone present in connection with this matter, and there was no response. MOTION: Council Member Scoggins made a motion to table the privilege license request for retail package sales of beer and wine for CVS Pharmacy #4470 at 2994 Atlanta Road for Kimberly D. Hamilton, agent applicant until the April 16, 2007 meeting. The motion was seconded by Council Member McNabb. Motion to table the measure was approved 6 - O. FORMAL BUSINESS: (A) Public Hearing - Approval of Highlands Apartments redevelopment project within the Atlanta Road Corridor tax allocation district {TAD} application Tabledfrom the March 5, 2007 meeting/To be tabled until the April 2, 2007 meeting Mayor Bacon asked if there is anyone present in connection with this matter, and there was no response. MOTION: Council Member Wood made a motion to table approval of Highlands Apartments redevelopment project within the Atlanta Road Corridor tax allocation district {TAD} application until the April 2, 2007 meeting. The motion was seconded by Council Member Lnenicka. Motion to table the measure was approved 6 - O. - March 19. 2007 5 (B) Approval to request bids for contract consulting engineer services - Mr. Wright stated this plan calls for soliciting requests for proposals from qualified consulting firms to provide engineering services to the City for a variety of tasks. Mr. Wright stated staff recommends approval of this proposal. MOTION: Council Member Pritchett made a motion to approve soliciting requests for proposals for contract consulting engineer services. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of March 5, 2007 minutes (B) Approval of use of Council Chambers for a Ward 6 meeting (Vinings Forest) on Friday, March 23, 2007 from 6:00 p.m. until 10:00 p.m. (C) Approval of Special Event in the Market Village on Saturday, April 28, 2007 - I :00 p.m. to 10:45 p.m. titled Atkins Park Crawfish Boil Celebration (D) Approve the January 1,2007, GMEBS Retirement Plan Assumptions and annual Employer Contributions as recommended by the actuarial firm, the Segal Company - (E) Bid Award - RFP 7-021 - Tolleson Park Pool Splashground installation This is a P & R Bond Referendum purchase. Two responses to this construction bid were receivedas follows: Gay Construction New Georgia Enterprises $69,690 $4 1,755 Markey and Associates, Inc. - an aquatics design consultant - recommends selection of the low, qualified vendor, New Georgia Enterprises. (F) Bid award bid # 7-022A - Installation of storm piping at Daniel Drive and King Springs Road Nine vendors were solicited for bids with three responding as follows: K. M. Davis Contracting Co. Ralph Ardito Ditching and Pipeline D & H Construction Co. $47,038.00 $28,753.00 $25,147.00 Public Works Staff and Purchasing have reviewed these bids and recommend bid award to the lowest bidder, D. & H Construction Company for $25,147.00. (G) Approval of use of Council Chambers for a Smyrna Heights neighborhood meeting on Tuesday, March 27, 2007 at 6:30 p.m. - March 19.2007 6 MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Scoggins. Motion was approved 6 - O. COMMITTEE REPORTS: - Council Member Pritchett recognized Mr. Martin, and Mr. Martin provided details to those present concerning recent Public Works Department projects. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present concerning assistance available from KSB and recent KSB activities. Council Member Pritchett thanked Ms. Kirk and the KSB associates for their positive contributions to the community. Council Member Newcomb recognized Mr. Suddreth, and Mr. Suddreth provided details to those present concerning City building statistics. Mr. Suddreth stated the Comprehensive Plan Draft Community Agenda was open for public comment at the last PZB meeting and will continue until April 12. Mr. Suddreth stated the Plan will be forwarded to the council for the April 16 meeting for possible acceptance and transmittal to ARC and DCA. Mr. Suddreth stated plans are being made for an open house during this review period and that copies of the Plan are available for public inspection. Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present concerning recent court services operations. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning recent use statistics as well as current and upcoming programs and events for the City Library. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning upcoming City events including the Spring Jonquil Festival and the Jonquil City Jog 5K foot race. - Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present concerning upcoming Parks and Recreation Department activities including the Spring Fling event and various classes. Council Member McNabb provided details to those present concerning his newly adopted daughter Anna. Council Member Lnenicka recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is presently recruiting. Council Member Lnenicka recognized Chief Lanyon, and Chief Lanyon reminded everyone to change the batteries in their smoke detectors. Chief Lanyon stated assistance with smoke detectors and batteries is available to City residents from the fire department. Council Member Lnenicka recognized Chief Hook, and Chief Hook provided statistics for current City police operations to those present. Council Member Lnenicka reminded everyone that the Vinings Forest HOA meeting will be held this week. Council Member Lnenicka thanked the residents of Oak Ridge Estates for inviting him to their recent HOA meeting. Council Member Lnenicka stated he found a great deal of citizen interest in downtown redevelopment at these HOA meetings. Council Member Lnenicka - March 19.2007 7 - stated the Marietta Daily Journal recently published an obituary for a Co\. Paul W. Safford, Jr. Council Member Lnenicka stated the Co\. Safford's family asked that, in lieu of flowers, thanks be expressed to veterans and members of the Armed Forces for their service and sacrifices which have made our country the best in the world. Council Member Lnenicka provided details from the obituary to those present concerning Col. Safford's remarkable career. Council Member Lnenicka stated commemorative pavers are still available for the Veterans Memorial. Council Member Wood recognized Mr. Boyd, and Mr. Boyd provided details to those present concerning a new paperless budget system in use in the Finance Department and an upcoming deadline for the budget process. Mr. Cochran stated he has contacted the State attorney general's (AG) office regarding recent allegations of conflict of interest concerning Mayor Bacon's employment. Mr. Cochran stated that, contrary to what was represented at a recent council meeting by a particular individual, the AG's office indicated that there is no conflict of interest in this instance and that that no one from the AG's office has expressed the view that there is any conflict of interest. Mr. Cochran stated that if a government official has a personal stake or opportunity for a personal stake in any situation then that official should not vote on any matter concerning that personal interest. Mr. Cochran stated that, in any case, the mayor of Smyrna does not vote unless there is a tie. Mr. Cochran stated there is no legal conflict of interest in this instance, no lawyer has expressed any opinion to the contrary and the AG's office has given no opinion on this matter and has not expressed the view to anyone that any conflict of interest is associated with Mayor Bacon's employment. Mr. Cochran stated that when conflict of interest laws are read one must distinguish between application of a law and violation of it and that there has been no violation of the law in this instance. - CITIZENS INPUT: - Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry stated he met with Lt. Bennett on Tuesday and advised Lt. Bennett that he is welcome to come to his house along with environmental health authorities. Mr. Backry stated he agreed to meet at 1 :30 on Tuesday. Mr. Backry stated he contacted his next door neighbor and was advised there were two police officers at his residence along with DNR personne\. Mr. Backry stated he was shocked to hear this. Mr. Backry stated he did not meet with these people because they were not invited. Mr. Backry stated he met with environmental health (EH) manager Peter Imhof (phonetic) on Thursday. Mr. Backry stated he was advised by Mr. Imhof that EH did not want to be involved in this matter because Mr. Imhof believes there is a political motive behind this action and that roundworm is not a communicable disease and can only be contracted through the ingestion of waste products. Mr. Backry stated Mr. Imhof indicated that Chief Hook said checks were to be made for ringworm, which is an honest mistake, and was advised there was a court order but Mr. Imhof determined that there was no court order. Mr. Backry expressed the view that if his premises were in the bad order alleged by DNR then DNR would have removed the animals that were there. Mr. Backry stated he had six orphaned raccoons he was helping at that time. Mr. Backry stated he later released the animals in a "safe zone" in Paulding County. Mr. Backry commented on some statements which were made by his next door neighbor at the last council meeting. Mr. Backry stated he was upset by his neighbor's use of a high-powered flashlight in his back yard. Mr. Backry stated his neighbor trapped a fox in his back yard and then took it to Cobb and killed it. Mr. Backry stated we must cohabitate with wildlife and pointed out that their habitat is being destroyed and he asked where these animals are to go. Mr. Backry expressed views about what he considers to be destruction of natural vegetation on a large scale. Mr. Backry stated his house has not been damaged by animals. Mr. Backry characterized his March 19. 2007 8 neighbor's comments as absurd. Mr. Backry stated the animals were here before we were and that we must cohabitate with them and leave them alone. Mr. Backry stated he has never raised a coyote, but with the epidemic of coyotes in the last five years maybe they are all his too. Mr. Backry stated politics should not affect animals. - Mayor Bacon recognized Ms. Linda Kinney, Ms. Susan Anderson and Ms. Sidney Bass, residing on Clifton Circle, and Ms. Kinney stated there is a house in her neighborhood which has been under construction for three years. Ms. Kinney expressed concerns that this house has not passed any inspections and is occupied. Ms. Kinney stated she was advised by a City inspector that this situation is still in existence. Ms. Kinney stated the presence ofthis house has devalued the other houses in the neighborhood. Mayor Bacon asked these residents to meet with Mr. Suddreth concerning this matter. Mayor Bacon recognized Mr. Richard Pecha, residing on 2667 Brown Circle, and Mr. Pecha stated he has contacted City marshals regarding property on Hughes Street and at 1111 Fleming Street. Mr. Pecha stated he is seeking common courtesy, civility, manners and respect and that these things are learned during childhood and that everyday one interacts with humanity. Mr. Pecha complained about conditions on these properties and the slowness with which the problems are being corrected. Council Member Lnenicka stated he believes Alex Backry's neighbor Mr. Minahan has not broken any laws by directing the beam of a flashlight into his own backyard at night. Council Member Lnenicka stated he considers Mr. Backry's filing of a complaint regarding a neighbor using a flashlight to be an abuse of valuable police resources and that this type of frivolous use of police services should neither be tolerated nor responded to. Council Member Lnenicka stated he hopes Chief Hook will not allow officers to respond to 911 complaints about people using flashlights on their own property and thereby waste the time of police officers. Council Member Lnenicka stated it is reprehensible and disgraceful that a citizen would waste and abuse City resources in such a manner. - Council Member Newcomb stated Mr. Backry did not dispute his neighbor's claim that there were thirteen raccoons on or near Mr. Backry's property. Mayor Bacon thanked everyone for attending this meeting. Mayor Bacon stated that the City's officials will be glad to meet with citizens to discuss their concerns. Mayor Bacon stated people should not have to live near properties which make them uncomfortable. Mayor Bacon stated that if anyone comes before this body and makes false statements then he will respond appropriately to any such misrepresentations. Mayor Bacon stated he is appalled by some of the falsehoods voiced by certain individuals at these public meetings. Mayor Bacon stated people need to tell the truth and that he has taken an oath to protect the health and well-being of all the citizens of Smyrna. Mayor Bacon stated if he believes someone will act to the potential detriment of any citizen he will act to protect them. ADJOURNMENT: With no further business, the meeting was adjourned at 9: 18 p.m. - March 19.2007 - A. MAX BACON, MAYOR BILL SCOGGINS, WARD 3 - ~~uJ~ CHARLES PETE WOOD, WARD 7 ~ - 9 0/ ~Jl/L- RON NEWCOMB, WARD 2