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04-17-2000 Regular MeetingApril 17, 2000 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present was City Administrator Howard Smith, City Clerk Candis Joiner, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Coordinator Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Representative Carol Cowan, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Councilman Hawkins, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized School Board Representative, Curt Johnson who introduced Dr. Linda Nash, Principal of Teasley Elementary and John Humbles, Corsica King, Hunter Holtsford and Lin Bin Zheng, students of Teasley Elementary. Dr. Nash indicated the students would be discussing the Character Words of the Month for April. Mayor Bacon thanked the children and presented each student with a gift bag. Mayor Bacon recognized Ms. Ann Kirk who presented an Image Enhancement Award to Mr. Bipin Changella, owner of Dunkin Donuts. Mayor Bacon stated that he appreciates Mr. Changella's efforts and Mr. Changella stated that it was a pleasure to work with the City of Smyrna. Ms. Ann Kirk presented an Image Enhancement Award to Jonquil Plaza owner Mr. J. D. Daniel for his beautification efforts. Mr. Daniel thanked the citizens of Smyrna for their support. Mayor Bacon recognized Mr. Bill Lnenicka of the Veterans Memorial Association who introduced representatives of the Cobb County Chapter of the American Gold Star Mothers Ms. Lillian Tallman, Ms. Ruby Glenn, and Ms. Evelyn Duncan. Ms. Glenn presented a $500.00 donation to the Veterans Memorial Park and encouraged others to follow suit. Mayor Bacon asked Councilman Hawkins to read a proclamation in honor of Older Americans Month. The proclamation was read. Mayor Bacon introduced Mr. and Mrs. Mark Reed of 6220 Traymore Trace who expressed their questions regarding annexation and the sewer easement on their property that was required for the citizens of Austin Lake Drive. Mayor Bacon stated that the City purchased this easement from the Reeds for $4,000.00 which was higher than the property value of $800.00. Councilman Wood stated that the City plans to annex many unincorporated islands throughout the City. Councilman Wood stated that at the time the Reed family purchased this property there were three existing easements. Mr. Reed asked when the property on Austin Lake Drive would be annexed into the City of Smyrna and Councilman Wood stated that the Mayor and Council are working on the annexation plan in regards to the recent legislation, HB489. Councilman Hawkins stated that the island annexation began about five years ago and that the City plans to annex every island into the City. Councilman Hawkins stated that the original island annexation plans were to annex all properties at once but the work overload was too great so the Council plans to annex a certain number of islands each year. Mayor Bacon introduced Mr. Raymond Lanier of the Smyrna Gazelle Track Team. Mr. Lanier stated that his son has been participating on the Team since 1995 and that this program has participated on the national level. Mr. Lanier stated that he was directly involved with the April 1, 2000 meet and felt that the meet was a good competition. Mr. Lanier stated that the GRPA rules state that any child can run on any April 17, 2000 2 team in Georgia without meeting county residency requirements except for the district meets. Mr. Lanier stated that due to a parks and recreation commission meeting regarding illegal players the Gazelle team may not participate in the district meet; the two coaches could not participate in any youth sports in Smyrna; and that the name Gazelle could never be used in the City of Smyrna. Mr. Lanier stated that he believes that the City of Smyrna does not have authority to enforce these rulings. Mr. Lanier stated that the meeting was a closed -door meeting and members of the Gazelle team could not attend. Mr. Lanier stated that track and field is not a team event but an individual event and therefore individual children are being punished through no fault of their own. Mr. Lanier asked the Mayor and City Council to reverse the decisions of the Parks Commission until due process is in place. Mayor Bacon stated that it is very unfortunate for the children, but the Parks and Recreation Commission looked at a number of issues. Mayor Bacon stated that he would be happy to meet with the parks and recreation commission. Mr. Lanier stated that only one person from the altercation was punished. Mayor Bacon asked Mr. Lanier if there were any illegal runners on the Gazelle team and Mr. Lanier stated that there were no illegal players on this team. Councilman Wood stated that according to a GRPA an athlete must reside in or attend school full time in Cobb County in order to participate in a district or county championship. Councilman Wood asked why athletes would participate in this district run off if they would be ineligible to participate in the district meet and Mr. Lanier stated that the athletes participated on the Gazelle team year round. Councilman Hawkins asked why children from outside Cobb County who have qualified for other county district meets would want to participate in this district run-off and Mr. Lanier stated that they participated in the meet for the competition. Councilman Newcomb stated that there has to be some type of authority in making decisions and asked Mr. Lanier if the Gazelle Team disregarded the rules. Mr. Lanier stated that he could not speak on behalf of the others. Mayor Bacon stated that the coaches were told that only Cobb County children could participate in the district meet and Mr. Lanier stated that he was not at that meeting so that he could not answer. Mr. Lanier stated that his concern is for the children who are not being allowed to participate in the District Meet. Councilman Newcomb stated that the City has invested much time and money in youth athletics and that the City of Smyrna places a large emphasis on youth sports. Councilman Lnenicka stated that he serves as a sport official and the City would like to work with Mr. Lanier and the Gazelle organization. Mayor Bacon introduced Ms. B'Lynn Shartony who stated that she has two children who participate in soccer and is concerned about the children. Ms. Shartony stated that the Gazelle team athletes work very hard and that the penalty imposed is very severe. Ms. Shartony stated that the penalty was imposed because this team membership is predominately black. Mayor Bacon stated that she is out of line and Councilman Hawkins stated that her statements are based on her perception not facts. Mayor Bacon stated that he knows each person on the Parks and Recreation Commission and that they are honest and good people who are not easily influenced. Councilman Cramer stated that the parks and recreation commission consists of different races and that the Council did not know the racial make up of either track team until this evening. Mayor Bacon introduced Ms. Tracie Ambers who is a parent of a member of the Cardinal Track Team and stated that her team is also a minority team. Ms. Ambers stated that she sympathizes for the children of the Gazelle Track Team but that the coaches of the Gazelle team did not meet time requirements. Ms. Ambers stated that the Gazelle Team had the opportunity at the meet to identify any out -of -district children and that the Gazelle coaches did not identify any children as out -of -district. Mayor Bacon introduced Ms. Gwen Johnson of Powder Springs who stated that she has spoken with Mr. Lanier several times regarding problems with the Gazelle Organization. Ms. Johnson stated that she agreed with the Parks and Recreation Commission's decision because of the Gazelle's past actions. Ms. Johnson stated that the parents of the Gazelle organization were aware of the rules and should have pressured the coaches to not run out -of -district children. April 17, 2000 3 Mayor Bacon introduced Mr. Tommy Jackson of the Smyrna Cardinals who stated that the Cardinals' motto is "Cardinals have Good Character." Mr. Jackson stated that Mr. Lanier attended the meeting which discussed the rules of the first City Qualifying Meet and that one of the rules stated in the meeting was athletes must be Cobb County residents. Mr. Jackson stated that the Gazelle Team presented illegal athletes as legal. Mr. Jackson stated that the Smyrna Cardinals would like to be present at the Parks and Recreation Committee Meeting and thanked the Mayor and Council for their time. Mayor Bacon introduced Ms. Denise Greer of the Smyrna Gazelle Team who stated that she did not hear any threat of a gun during the confrontation at the District Meet and as a parent did not have the authority to decide on participants at the meet. Mayor Bacon introduced an unidentified woman of the Smyrna Gazelle Club who stated that it was unfortunate that the children could not participate in the District Meet but it is time to move forward positively for the children. Mr. Smith stated that he believes that there are many good parents involved on both teams. Councilwoman Capilouto stated that the teams should combine to form a magnificent team. Mayor Bacon introduced Ms. Wanda Bristow of the Smyrna Gazelle Club who stated that the Gazelle Team has influenced her child positively in the past four years and is unhappy that her child did not get to participate in the district meet. Mayor Bacon introduced Ms. Michelle Lewis, a Gazelle coach, who stated that she is a teacher with Cobb County School System and that the focus needs to be with the children. Ms. Lewis stated that the Gazelle team dominated the country last year. Mayor Bacon introduced Ms. Linda Baker of Cobb County, a parent facilitator for Cobb County School System, who urged the Mayor and Council to speak with the coaches and children before making a final decision. Mayor Bacon introduced an unidentified woman who asked the Mayor and Council to base their decision on the facts. Mayor Bacon introduced Mr. Tony Dunning, a Gazelle coach, who stated there was no fight or threat of gun at the April 1, 2000 meet. Mr. Dunning stated that the Gazelle program is a quality program. Mayor Bacon stated that he and the Council feel that this is an important issue and that the Parks and Recreation Commission are good honest people and that Lee Cook is a good honest man. Mayor Bacon stated that this issue has been painful for everyone and hopes to work everything out. PUBLIC HEARINGS: (A) Variance Request for 42 Square Foot Sign Instead of 32-Foot Sign at 1295 Concord Road. Mr. Smith stated that Illusions Gallery is requesting a variance in order to move their old sign to their new location at 1295 Concord Road due to a financial hardship. Mayor Bacon stated that this was a public hearing and asked if there was any opposition. There was none. Councilman Hawkins introduced Mr. and Mr. Gibson, who stated that they have been self-employed and due to the remodeling of the property at 1295 Concord Road, does not have the money to put into a new sign. Mr. Gibson stated that his customers are familiar with the sign and that the transition would be easier on his customers if the sign remained the same. Mr. Gibson stated that the sign could be lowered to eight feet with a decorative base around it. Councilman Hawkins stated that the Illusions Gallery was previously located next to the United Methodist Church on Concord Road and that the sign met all criteria. However, between that time and the move, the Concord Road April 17, 2000 4 Overlay District was incorporated. Councilman Hawkins stated that the sign is very professionally done and is an improvement over the location's previous sign. Councilman Hawkins made a motion to approve the variance request for a 42 square foot sign instead of a 32 square foot sign at 1295 Concord Road with the following stipulations: 1. There will be a decorative block base built around the bottom of the sign. 2. The height of the sign is not to exceed eight feet. 3. Landscaping will be provided along Concord Road as required by the Concord Road Overlay District. 4. The tenant will remove the sign from the location if he vacates the building. Councilman Cramer seconded the motion. Councilwoman Capilouto stated that she supports this variance request and Mayor Bacon stated that he is happy that Mr. and Mrs. Gibson are remaining in Smyrna. Councilman Newcomb stated that he is unhappy with the reader board and internally lit sign and would be unable to support the motion. Motion was approved 6-1 with Councilman Newcomb opposed. FORMAL BUSINESS: (A) Validate Petition for Annexation —Land Lot 596-17' District, Section 2, Cobb County, Georgia (Collier Drive and Pinetree Drive)-13.1 Acres. Mr. Smith stated that the City has received a request from Marion Beth Collier to annex the following described property. All that tract or parcel of land lying and being in Land Lot 596 of the 171h District, 2nd Section of Cobb County, Georgia, and being Lot 1, Block F, according to a plat of the Subdivision of F. M. Collier, recorded in Plat Book 4, page 127, Cobb County Records, and being Lot 1 of the re -tracing of the said F. M. Collier Subdivision by J. P. Phillips recorded in Plat Book 13, page 166, Cobb County Records, and being more particularly described as follows: BEGINNING at a point and corner on the southerly side of Collier Drive 336 feet east of the intersection of the southerly side of the said Collier Drive and the easterly side of Pine Tree Drive, as measured along the southerly side of Collier Drive, which point marks the northeast corner of Lot 2, said Block and Subdivision; thence south for a distance of 400 feet to an iron pin, point and corner; thence east for a distance of 225 feet to an iron pin, point and corner on the westerly side of property now or formerly belonging to Fuller; thence in a northerly direction along the said Fuller line for a distance of 400 feet to an iron pin, point and corner on the southerly side of Collier Drive; thence in a westerly direction along the southerly side of Collier Drive for a distance of 235 feet to an iron pin, point and corner, being the point of beginning. Councilman Lnenicka stated that the Smyrna First Presbyterian Church is selling Mr. Joe Dewberry property at the rear of the church and that Mr. Dewberry plans to build a subdivision. Councilman Lnenicka made a motion that the petition to annex the above - described property be validated and a public hearing set for May 15, 2000. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. April 17, 2000 61 BID AWARDS: (A) Bid Award-2000-0008—Asbestos Abatement of Old Smyrna Library. Mr. Smith stated that the asbestos abatement and demolition of the old Smyrna Library would provide the City with the opportunity to utilize cross parking with the Smyrna First Baptist Church. Councilman Scoggins stated that bids were sent to five vendors with three responses. Councilman Scoggins stated the Public Works staff has reviewed the bids and recommends the bid be awarded to the low bidder meeting specifications, Marco Remediation. Councilman Scoggins made a motion that the bid for the future asbestos abatement of the old Smyrna Library be awarded to Marco Remediation, low bidder meeting specifications, for a total cost of $5,750.00. Councilman Newcomb seconded the motion. Motion was approved 7-0. (B) Bid Award-2000-0009—Demolition of Old Smyrna Library. Councilman Scoggins stated that bids were sent to twelve vendors with five responses. Councilman Scoggins stated the Public Works staff has reviewed the bids and recommends the bid be awarded to the low bidder meeting specifications, Dickman Demolition. Councilman Scoggins made a motion that the bid for the demolition of the old Smyrna Library be awarded to Dickman Demolition, low bidder meeting specifications, for a total cost of $14,750.00. Councilman Newcomb seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of April 3, 2000 Minutes. (B) Approval to Use Contract Unit Pricing for Phase I Sewer Main Replacement on Bates Street. (C) Approval to Request Bids for the Purchase of Trees for Landscaping Purposes at Chuck Camp Park. Councilman Lnenicka made a motion that the Consent Agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0 COMMITTEE REPORTS: Councilman Wood introduced Mr. Steve Ciaccio who thanked the Mayor and Council for their time and for listening to the Gazelles and Cardinals and thanked Lee Cook and the other parks and recreation members for their sincerity and dedication. Mr. Ciaccio stated that the parks and recreation department gives priority for any park programs to city citizens and reminded everyone that spring and summer classes and camps will be starting soon. Councilman Wood stated that the parks and recreation is extremely busy and is doing a great job. Councilman Wood introduced Ms. Jennifer Bennett who announced that Mayor Bacon will be throwing out the first pitch at Smyrna Night with the Atlanta Braves on May 16. Ms. Bennett reminded everyone that the Spring Jonquil Festival will be held April 29' and April 30`h and that the Jonquil Jog, which benefits Campbell High School, will be April 29`' at 8:30 a.m. Councilman Wood introduced Mr. Michael Seigler who gave the statistics for circulation and attendance for the library. Mr. Seigler stated that the Campbell High art show is in process and that the Friends of Library awards ceremony will be Thursday, April 20`h. Mr. Seigler stated that Southern Tech has donated books for the annual book sale fundraiser. Mr. Seigler stated that the dinner theatre was very successful. April 17, 2000 6 Councilman Wood stated that the dinner theatre was both fun and amusing. Councilman Lnenicka commended Mrs. Lillie Wood for her support of the Library and her hard work with the dinner theatre. Councilman Lnenicka introduced Chief Hook who stated that the Police Department arrested the "Gazelle" robber and gave the crime statistics for 1999. Chief Hook stated that a popular crime at present is the theft of cellular phones. Councilman Hawkins commended Officer Eaton on his handling of an altercation Sunday, April 16. Councilman Lnenicka explained that a Gold Star Mother is a mother who lost a child during active duty. Councilman Cramer stated that the Veterans Memorial is a Cobb County Memorial and reminded everyone to tell others about the Memorial. Councilman Cramer introduced Mr. Chris Corey who announced the current job openings for the City of Smyrna. Councilman Cramer stated that there would be a Ward meeting for the San Fernando area soon and sent his thoughts to the family of John Teasley who passed away today. Councilman Hawkins introduced Ms. Claudia Edgar who reminded everyone that there is an outdoor water ban between the hours of 4:00 p.m. and 10:00 p.m. seven days a week. Councilman Hawkins stated that Mr. Teasley was a wonderful and positive man and that he will be missed. Councilman Scoggins introduced Ms. Ann Kirk who thanked the City for the cushions in the courtroom. Ms. Kirk stated the April 15' Great American Clean Up was the largest clean-up event to date. Ms. Kirk thanked Mayor Bacon, Ms. Jean Aaron, the Latin American Association of Cobb County, Councilman Scoggins and all of the volunteers for their assistance. Councilman Newcomb introduced Mrs. Carol Cowan who announced the building statistics for the month. Mayor Bacon stated that Mr. John Teasley loved Smyrna and lived life to the fullest and that he always tried to help others. Mayor Bacon stated that Mr. Teasley will be greatly missed. ADJOURNMENT With no further business, the meeting adjourned at 10:05 p.m. April 17, 2000 A. MAX BACON, MAYOR CANDIS JOINER,(PITY CLERK C h NIL AV, - N-!QA �Isllb CHARLENE CAPILOU O, WARD 1 RON NEWCOMB, WARD 2 BILL SC GGINS, WAKBO AMES M. HAWKINS, WARD 4 a7 oo�; CHARLES PETE WOOD, WARD 7