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07-16-2007 July 16, 2007 Council Meeting July 16, 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. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, Community Relations Director Jennifer Bennett, Finance Director David Boyd, Community Development Director Ken Suddreth, Planner Rusty Martin and representatives of the press. Invocation was given by Pastor Phil Adams from Life International Ministries, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated an item will be added to the consent agenda. MOTION: Council Member Lnenicka made a motion to suspend the rules for the purpose of adding an item to the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 7 - O. Mr. Cochran stated the matter to be added to the agenda is a measure to grant authority to the City to enter into a sanitary sewer agreement and authorize the Mayor to execute all documents incidental to that agreement. - *MOTION: Council Member Lnenicka made a motion to add item 8 D (Approval of granting authority to the City to enter into a sanitary sewer agreement and authorization for the Mayor to execute all documents incidental to that agreement) to the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - O. MA YOR'S REPORT: Mayor Bacon had nothing to report. LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Annexation request (100% of owners requesting annexation) - .58 acre tract - Land Lot 330, Parcel 24, 17th District, 2nd Section - Cooper Lake Road near Lakeview Terrace Mr. Wright stated construction of a single-family house is planned for the subject tract with no rezoning. Mr. Wright stated the city engineer has reviewed the submitted legal description of this property and found it to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Suddreth provided additional details to those present concerning the subject property. - MOTION: Council Member Wood made a motion to approve the annexation request for a .58 acre tract in Land Lot 330, Parcel 24, 17th District, 2nd Section, Cooper Lake Road near Lakeview Terrace to become a part of Ward 7 with an effective date of August 1,2007. The July 16, 2007 2 motion was seconded by Council Member Smith. Motion was approved 7 - O. PRIVILEGE LICENSE: - (A) Public Hearing- Privilege license request - retail pouring (beer and wine) - New application for Ameribistro, Inc., d/b/a Ameribistro - 3315-C South Cobb Drive - Woo Chin Kim, applicant Mr. Wright stated the applicant has completed a responsible alcoholic beverage sales and service class as required by the City ordinances, and that inquiry by the City police department has disclosed no information which would preclude issuance ofthe requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member McNabb recognized Mr. Kim and Ms. Choi, a translator, and Mr. Kim provided details to those present concerning the business he intends to operate. Council Member McNabb asked Mr. Kim ifhe has read the City's alcoholic beverage ordinance and ifhe understands it, and Mr. Kim answered in the affirmative. Mr. Jeremy Citron, an attorney representing Mr. Kim, stated that Mr. Kim has completed a responsible alcoholic beverage sales and service class as required by the City ordinances. Council Member McNabb asked Mr. Kim what measures he wilI take at Ameribistro to make certain alcoholic beverages are sold there in a lawful manner. Mr. Kim stated he will outsource training of his staff in order to ensure they are properly trained to dispense alcoholic beverages. Council Member McNabb advised Mr. Kim that local authorities will, from time to time, conduct undercover inquiries to help gauge the compliance of alcoholic beverage purveyors with alcoholic beverage sales regulations. Council Member McNabb made a motion to approve a privilege license request for retail pouring of beer and wine for Ameribistro, Inc., d/b/a Ameribistro at 3315-C South Cobb Drive for Woo Chin Kim as agent. The motion was seconded by Council Member Scoggins. Council Member Lnenicka wished Mr. Kim good luck and asked him to operate his business in a correct and professional manner. Motion was approved 7 - O. - FORMAL BUSINESS: (A) Public hearing - Charter amendment for salary increase for City officials Mr. Wright stated a Charter amendment is being considered to increase salaries for the City officials elected during November ofthis year with terms commencing in January of next year. Council Member Wood stated no vote will be taken on this measure until a subsequent meeting and provided additional details to those present concerning the proposed Charter amendment. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. (B) Lease and Agreement with Cobb County Board of Education - Redevelopment of Rose Garden Park Mr. Wright stated this measure calls for a renewal of an existing lease. Mr. Wright stated the proposed term of the renewal is ten years, and that improvements planned for the property by the City are projected to cost approximately $348,000. - July 16, 2007 3 Mr. Ciaccio provided additional details to those present concerning planned improvements at the subject location. - Council Member Newcomb acknowledged several persons present from the Rose Garden community and asked if they had any questions concerning the proposal under present consideration, and at least one person indicated there were no questions. Council Member Lnenicka asked the persons present from the Rose Garden community if they are in favor of the City proceeding with this proposal, and at least one person answered in the affirmative. MOTION: Council Member McNabb made a motion to approve the Lease and Agreement with Cobb County Board of Education for Redevelopment of Rose Garden Park and authorization for the Mayor to execute all documents incidental to that agreement. The motion was seconded by Council Member Scoggins. Council Member Smith asked about placement of appurtenances at the subject location, and Mr. Ciaccio advised that any improvements by the City there become School Board property. Motion was approved 7 - O. (C) Approval of Lease Agreement with Cobb County Board of Education - Playground at Argo Road Maintenance Facility Mr. Wright stated this proposal is for a new lease with a term of five years for construction of a playground with a budget for improvements in the amount of $75,000. Council Member Wood stated there is a real need for a park in the subject area and that he believes the proposed cost is modest. Council Member Wood stated he supports this proposal. - MOTION: Council Member McNabb made a motion to approve the Lease and Agreement with Cobb County Board of Education for construction of a playground at Argo Road Maintenance Facility and authorization for the Mayor to execute all documents incidental to that agreement. The motion was seconded by Council Member Wood. Motion was approved 7- O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of July 9, 2007 minutes (B) Street closings for City Smyrna Birthday Celebration August 4, 2007 (C) Award Bid IFB 7-033 for Construction Services for the Brinkley Park Expansion (D) Approval of granting authority to the City to enter into a sanitary sewer agreement in Land Lot 677, 1 ih District, 2nd Section serving the Lois Street area and authorization for the Mayor to execute all documents incidental to that agreement MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. COMMITTEE REPORTS: - Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes had no report. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present concerning the upcoming Adopt-a-mile program volunteer cleanup. July 16,2007 4 Council Member Newcomb recognized Mr. Suddreth, and Mr. Suddreth provided details to those present concerning recent building permit statistics. Council Member Scoggins yielded the floor with no report. - Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present concerning recent openings of new City parks and new parks projects. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning the upcoming City Birthday Celebration. 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 stated the first meeting of the Smyrna Heights HOA will be held tomorrow night at 6:30 p.m. in the council chambers. Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is presently recruiting. Mr. Corey reported that former City employee Tom Collins recently passed away and expressed condolences to the family. Mr. Corey reported that Mr. Wright's grandmother, Mrs. Blanche Wright, recently passed away and expressed condolences to Mr. Wright's family. Mr. Corey stated that Rusty Martin has been selected as Employee of the Month, and that many favorable comments have been made concerning Rusty's diligence. Mayor Bacon congratulated Mr. Martin and thanked him for his efforts. Council Member Smith commented favorably about the recent opening of Burger Park - Council Member Lnenicka recognized Chief Hook, and Chief Hook had no report. Council Member Lnenicka recognized Chief Lanyon, and Chief Lanyon provided details to those present concerning a vehicle recall for fire possible fire hazard. Chief Lanyon stated promotions of City fire department personnel will be announced soon. Council Member Smith thanked Mr. Ed Whittington for conducting the invocation at the recent Burger Park opening ceremony. Council Member Lnenicka thanked Messrs. Wright and Ciaccio and other City staff for their work on the recent opening ceremonies of new City parks. Council Member Lnenicka commented favorably about the new facilities and the positive impact they are expected to have on the community. Council Member Lnenicka thanked Mr. Gus Scanopieco for conducting the invocation at the park opening ceremony. Council Member Lnenicka thanked Mr. Tom Jenkins for taking photographs of the park opening ceremony. Council Member Lnenicka expressed condolences to Mr. Wright and his family for the recent loss of his grandmother. Council Member Wood recognized Mr. Boyd, and Mr. Boyd provided details to those present concerning an award the City finance department recently received from the Government Finance Officers Association for excellence in financial reporting. - July 16.2007 5 Ms. Hiott provided details to those present concerning voting precincts for the upcoming City election. Mayor Bacon provided details to those present concerning recognition recently received in the Atlanta Business Chronicle by Mr. Michael Landers and his company, Integrity Development Group, for landscaping enhancements at one of their commercial developments. Mayor Bacon stated he submitted a written veto to the city council concerning the variance requests for 2794 Hillside Road approved at the previous meeting. - CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry provided a summary to those present concerning bank deposits, bids, State ethics laws, the Smyrna Housing Authority and other matters discussed previously. Mr. Backry stated he hopes the citizens will vote accordingly on November 6. ADJOURNMENT: With no further business, the meeting was adjourned at 8:44 p.m. A. MAX BACON, MAYOR - (!~~~ CHARLES PETE WOOD, WARD 7 - g~o. ~ SUSAN D. HIOTT, CITY CLERK _~ \ A , \ {.,.,,) Mz--/ L-- RON NEWCOMB, WARD 2 ( tIJdd-j!Y!fJlr -tJ ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 330 Acres ~ 2007-9 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on July 16,2007 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "'A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. July, 20~~ ORDAINED by the City Council Ofth2m~ ~ A. Max Bacon, Mayor Susa D. Hiott, City Clerk City of Smyrna - Scott A. Coc ran, City Attorney City of Smyrna - - - Ordinance No. 2007 - 9 Exhibit "A" All that tract or parcel ofland lying and being in Land Lot 330 of the 17"1 Dis1rict, 2"11 Section of Cobb County, Georgia, being .58 acres, more or less, in the Southeastern corner of said land lot and being all of said land lot lying North and West of P lblic road known as Cooper Lake Road, and more particularly described as follows: Beginning at the Southeast corner of said Land Lot No. 330, the same being marked by an iron stake and running thence Northwest along the property line for a distance of 171.95 feet to the edge of Cooperlake Road, where an iron pin is placed, then turning in a North direction following the cdgc of Cooperlake Road for a distance of 599.16 feet, where an iron pin is placed, then turning back in a Southern direction for a distance of 499.91 feet to the original Southeast BEGINNING POINT.