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07-17-2000 Regular MeetingJuly 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, Deputy Police Chief Mike Brown, 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 Director Robin Broyles, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Associate Pastor Joe Boggs of Bethel Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon introduced Mr. Jack Menendez, candidate for Superior Court Judge, who urged everyone to vote on July 18, 2000. Mayor Bacon introduced Ms. Ginger Collins, candidate for House District 29 State Representative, who thanked everyone who has signed her petition and asked for campaign volunteers. Mayor Bacon introduced Judge Adele Grubbs who urged everyone to vote for her. Mayor Bacon recognized Parks and Recreation Director Steve Ciaccio who introduced Mr. Carl Joiner of Smyrna West Soccer. Mr. Ciaccio stated that Mr. Joiner's team won second place in the Gatorade under 12 Boys soccer tournament. Mr. Joiner introduced the members of the team: Ivan Fernandez, Ivan Radmon, Alejandro Olivares, Nick Bennett, Trey Joiner, Marie Savini, Jenna Wigginton, Fabian Alvarez, Richard De La Fuente, Luke Hutley, Greg Kacynski, Lauren Lutzen, Kristin Murdock, Justin Musselwhite and Saul Rodregez. Mayor Bacon congratulated the team for its accomplishments. Mayor Bacon introduced Mr. Bill Lnenicka, Veteran's Memorial Association of Smyrna president, who stated that contributions are currently being accepted for the Veterans Memorial Wall. Mayor Bacon introduced Ms. Maritza Soto Keen, executive director of the Latin American Association, who read a statement that requested for Mayor and Council to work with the immigrant population in seeking ways to benefit integration of all ethnic groups. Ms. Keen presented the Mayor and Council with a copy of the statement. Mayor Bacon thanked Ms. Soto Keen for attending and stated that the City of Smyrna has attempted for many years to reach the Hispanic business community through the Smyrna Business Association and Cobb Chamber of Commerce. Mayor Bacon introduced Mr. Dan Fine, candidate for District 5 Congress, who urged the Mayor and Council to drop the charges against the six Hispanic workers who were arrested. Mayor Bacon introduced Mr. Tony Grant, Smyrna business owner, who stated that he would like to see the Smyrna City Council and Government be receptive to the needs of the Hispanic community. Mayor Bacon recognized Mr. Tony Delcampo, attorney, who stated he will be representing the six laborers who were charged with violating the city's noise ordinance. Mr. Delcampo stated he was concerned about the way the workers were treated - arrested, handcuffed and sent to jail simply for working. Mr. Delcampo stated he would like to see the Mayor and the Police Department give a formal apology on behalf of the city to the community and specifically to those six workers who were arrested. Mayor Bacon recognized Himes Patillo, realtor with Buckhead Brokers, who stated he works closely with the community. Mr. Patillo stated Mayor Bacon has been quoted as saying things July 17, 2000 2 that offended a lot of people and asked the Mayor how he felt about that. Mayor Bacon responded by saying that if he had hurt anybody's feelings from what they thought he intended or his comments, then he apologized if they had been hurt. Mayor Bacon stated he thought people should realize things are sometimes taken out of context and interpreted by the paper a different way. Mayor Bacon stated he learned a long time ago that you can not believe everything you read in the papers. Mr. Patillo asked if the noise ordinance only applied to construction sites and Mayor Bacon responded it applies to any site that creates noise. Mr. Patillo stated he felt the city and the Hispanic community need each other and need to work together. Mayor Bacon stated he agreed. Councilman Hawkins asked Mr. Patillo to interpret the following message to the audience. Mr. Hawkins stated the council meetings are the first and third Monday evenings of each month at 7:30 p.m. in the Council Chamber and the city welcomes the Hispanic community to attend these meetings and the city would be willing to provide an interpreter for those meetings if there is a substantial amount of people in the audience who do not speak English. Mayor Bacon recognized Mr. Luis Perez who stated this country is a land of opportunity and everyone needs to abide by the laws of this country. Mayor Bacon again recognized Ginger Collins who suggested that a member of the city council and citizens of the Hispanic community as well as other citizens of the community meet once a month to talk about issues. Mayor Bacon stated the city offered a meeting during Ms. Maritza Soto Keen's comments. Mayor Bacon recognized Larry Pelligreni, Public Policy Director of the Georgia Rural Urban Summit, who stated they are a network of groups that has over 130,000 members in Georgia. He stated all of those people have heard about the issue involving the six workers arrested in Smyrna and expressed his concerns about the perceptions of the incident and the community. Mr. Pelligreni voiced his concerns over the fact that there has been an office of the Latin American Association located in Smyrna for over four years and yet it has not been visited by any Smyrna elected official. Councilman Cramer stated he served on the board of the Latin American Association in 1996 along with Chuck Johnston and Art McClung. Mr. Cramer stated he sat in on meetings with the Latin American Association and wanted to correct the statement that no city official had been involved with the Latin American Association. Mayor Bacon recognized Lucy Broman who extended an appreciation to Mayor Bacon for the apology and stated the doors for negotiation have truly been opened as well as for reconciliation. Mayor Bacon recognized Rodney Martinez, station manager of WAZX radio station that is located in the Belmont Hills Shopping Center. Mr. Martinez stated this situation was brought to their attention by those six bricklayers during one of their morning shows and extended an invitation to Mayor Bacon to participate in the station's morning talk show. Mayor Bacon recognized a lady who stated that there has been an economic change in the area and that everyone deserves a chance to work to support their families. Mayor Bacon recognized a lady who stated that Officers have been called to work sites because of the noise and that this is not an issue about race or heritage but of the law. Mayor Bacon recognized Ms. Amanda Salazar, Smyrna business owner, who stated that the City has supported her and treated her wonderfully. Mayor Bacon stated that the City of Smyrna has changed tremendously over the last fifteen years and that this is an isolated issue. Mayor Bacon stated that the City of Smyrna has adjusted tremendously to the changes and that this is a great community. Mayor Bacon recognized Mr. Bob Barclay who stated that he has visited Mexico many times and learned that it is imperative to obey the law in Mexico. Ms. Rosie Quielra of WAZX Radio presented Mayor Bacon with a t-shirt from the radio station. Mayor Bacon introduced Mr. Francisco who stated he is learning to speak English. July 17, 2000 3 PUBLIC HEARINGS: (A) Variance Request-4925 Durley Lane —Reduce Side Yard Setback from 5 feet to 4.5 feet. Mr. Smith stated that Ryland Homes has requested a variance to build a fireplace that will encroach upon the side variance. Mayor Bacon stated that this is a public hearing and asked if there was any opposition. There was none. Councilman Wood introduced Mr. Jim Jagger, project manager, who stated that the fireplace chase will encroach into the side variance. Mr. Jagger stated that the drainage issue on the other side of the home prohibits the home being moved to the left and that the house plan is the smallest house plan in the subdivision. Councilman Wood made a motion to approve the variance request to reduce the side yard setback from 5 feet to 4.5 feet for 4925 Durley Lane and Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Rezoning Request-488 Cooper Lake Road (1.03 Acres) —from R-20 to R-15. Mayor Bacon stated that the applicant wants to annex this 1.03 acre tract into the City and make it a part of Chimney Oaks Subdivision. Mayor Bacon stated that this is a public hearing and asked if there was any opposition. There was none. Councilman Wood stated that the developer, Mr. Brad Thompson, acquired this property and would like to rezone the property in order to correspond with the existing development. Councilman Wood made a motion to approve the rezoning request of 488 Cooper Lake Road from R-20 to R-15 with the following stipulations: 1. Homes will be a minimum of 2,000 square feet of heated space. 2. 75 % of the homes will be brick, stone or stucco. 3. Price range is expected to be $200,000 or more. 4. Plans for ingress/egress to the development must be approved by the City Engineer. 5. Subdivision will have a homeowners' association that will manage and maintain all common facilities within the project. 6. Any disturbance of jurisdictional wetlands shall have the appropriate approval of the Corps of Engineers and the City Engineer. 7. Erosion control shall be provided on the project in accordance with City of Smyrna standards. 8. All utilities shall be underground. 9. Developer shall meet all applicable residential street standards of the City of Smyrna Fire Department. 10. There will be an architectural standards committee for the development. 11. The subdivision will have a monument style entrance that is landscaped. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Annexation Request-488 Cooper Lake Road (1.03 Acres) —Land Lots 329 and 392- 17' District, 2' Section, Cobb County, Georgia. Mr. Smith stated that this parcel has been legally advertised and that Mr. Thompson would like this property to be annexed into the City of Smyrna. Mayor Bacon stated that this is a public hearing and asked if there was any opposition. There was none. EXHIBIT A ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 329 and 392, 17' District, 2' Section, Cobb County, Georgia, and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, begin at the corner common to Land Lots 329, 330, 391 and 392 of said district, section and county; running thence south 88 degrees 48 minutes 20 seconds east 56.90 feet along the southern land lot line of Land Lot 391 to a point; running thence south 05 degrees 44 minutes 59 seconds west 365.00 feet to the TRUE POINT OF BEGINNING; running thence south 05 degrees 44 July 17, 2000 4 minutes 59 seconds west 10.57 feet to a point, running thence north 88 degrees 28 minutes 20 seconds west 587.83 feet to a point located on the southeastern right-of-way line of Cooper Lake Road (50 foot right-of-way); running thence north 52 degrees 54 minutes 55 seconds east along the southeastern right-of-way line of cooper Lake Road 128.78 feet to a point; thence continuing northeasterly along said right-of-way an arc distance of 100.53 feet to a point (said arc being subtended by a chord having a bearing of north 49 degrees 07 minutes 46 seconds east and a length of 100.45 feet); running thence south 71 degrees 22 minutes 08 seconds east and departing from said right-of- way line 432.85 feet to the TRUE POINT OF BEGINNING. Said property is more particularly shown as Lots 1 and 2 on plat of survey prepared by John C. Gaskins, Registered Land Surveyor, dated March 14, 2000, which is incorporated hearing by reference. Councilman Wood stated that the petition was validated on June 19, 2000 and made a motion to annex the 1.03 acres of 488 Cooper Lake Road in Land Lots 329 and 392 in the 17' District, 2nd Section, Cobb County, Georgia. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (D) Privileged License Request —Retail Pouring License (Beer and Wine) —Legacy Windy Hill Limited Partnership d/b/a Fox Creek Golf Club at 1501 Windy Hill Road. Mr. Smith stated that this request is an agent change and Mr. Robert Lee Shaw has applied to be the agent. Mr. Smith stated that the background check did not reveal anything that would issuance the request. Mayor Bacon stated that this is a public hearing and asked if there was any opposition. There was none. Councilman Scoggins asked Mr. Shaw to explain the reasons for the agent change and Mr. Shaw explained. Councilman Scoggins made a motion to approve the privileged license request for a retail pouring license of beer and wine at Legacy Windy Hill Limited Partnership d/b/a Fox Creek Golf Club at 1501 Windy Hill Road. Councilman Cramer seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Validate Petition for Annexation-4400 North Cooper Lake Road (3.08 Acres) —Land Lot 333, 17' District, 2' Section, Cobb County, Georgia. Councilman Wood stated that Robert R. Hines and Barbara L. Hines have submitted an application for annexation. Legal Description All that tract or parcel of land lying and being in Land Lot 333 of the 17' District and 2' Section of Cobb County, Georgia, and being 3.08 acres according to a plat of survey prepared by Buford W. Norris, dated July 24, 1985, which is more particularly described as follows: Beginning at an iron pin on the west original line of said Land Lot, 250 feet south as measured along the said original line from the northwest corner thereof, thence north 89 degrees east 758 feet to an iron pin on the west side of North Cooper Lake Road thence southerly along said right of way a distance of 178 feet to an iron pin; thence south 89 degrees west 733 feet to an iron pin on the west original line of said land lot; thence north 1 degrees west along said original line 182.5 feet to the point of beginning. Being known as 4400 North Cooper Lake Road according to the present system of numbering in Cobb County, Georgia. Councilman Wood made a motion to validate the petition for annexation for 4400 North Cooper Lake Road at Land Lot 333 in the 17' District, 2' Section, Cobb County, Georgia and set a public hearing date of August 21, 2000. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Appointment to Smyrna Hospital Authority —Ward 5. July 17, 2000 5 Councilman Cramer made a motion to table the appointment to the Smyrna Hospital Authority for Ward 5 until the August 7, 2000 and Councilman Hawkins seconded the motion. Motion was approved 7-0. (C) Adoption of Resolution. Councilman Lnenicka read Resolution 2001 that authorizes the City of Smyrna to acquire the property at 3180 Atlanta Road. Councilman Lnenicka made a motion to adopt Resolution 2001. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Authorize Mayor to Sign and Execute Contract for Property Located at 2688 Atlanta Road. Mr. Smith stated that acquiring the property at 2688 Atlanta Road will assist in the further development of the Smyrna Downtown. Councilman Wood made a motion to authorize the Mayor to sign and execute the contract for the property located at 2688 Atlanta Road and Councilman Cramer seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid Award 2000-018—Garbage Truck for Public Works Department. Councilman Newcomb stated that bids were sent to three vendors with two responses. Councilman Newcomb stated the Public Works staff has reviewed the bids and recommends the bid be awarded to the low bidder meeting specifications, Fouts Brothers. Councilman Newcomb made a motion that the bid for the purchase of a garbage truck be awarded to Fouts Brothers, low bidder meeting specifications, for a total cost of $97,467.00. Councilman Cramer seconded the motion. Motion was approved 6-0-1. Councilman Scoggins abstained. CONSENT AGENDA: (A) Approval of July 3, 2000 Minutes. (B) Approval to use Council Chambers July 26, 2000 for Ward 6 Campbellwood and Creatwood Forest Subdivision Meeting from 6:30 p.m. to 10:00 p.m. (C) Approval to use Council Chambers July 27, 2000 for Paces Ferry North Homeowners Association Meeting from 7:00 p.m. to 10:00 p.m. (D) Approval to install speed bumps on Oakdale Drive. (E) Approval to request bids for two pick-up trucks for Public Works department. (F) Approval to use contract unit pricing for replacement of sewer main on Church Street. (G) Approval to use contract unit pricing for replacement of sewer main on Powder Springs Street. (H) Approval to use contract unit pricing for replacement of water main on Knoll Road. (I) Approval to use contract unit pricing for replacement of water main on Grady Street. (J) Approval to request bids for replacement of three pick-up trucks for public works. (K) Approval to request bids for truck chassis replacement. (L) Approval to extend water line on Cooper Lake Road. Councilman Hawkins made a motion to approve the consent agenda and Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Capilouto thanked her cousin, Manuel Guillen, for attending this evening's meeting. Councilman Newcomb introduced Mr. Broyles who gave the June statistics for the Community Development department. July 17, 2000 T Councilman Newcomb introduced Mr. Hildebrandt who responded to the July 3, 2000 suggestions and requests for changes in lanes and traffic control on Ridge Road, Atlanta Road and Jane Lyle Road from Mr. Floyd Millis. Mr. Hildebrandt reviewed the proposed changes and indicated that they were not recommended. Councilman Lnenicka stated that he has been speaking with Cobb County Commissioner Joe Lee Thompson regarding traffic improvements in this area. Councilman Newcomb stated Mr. Hildebrandt has been in close communications with the Cobb Department of Transportation and Georgia Department of Transportation regarding Cobb County traffic control that directly affects the City's traffic. Councilman Scoggins commended Ms. Kirk, Keep Smyrna Beautiful Director, on the Sensory Garden. Ms. Kirk thanked the Community Center Staff, Keep Smyrna Beautiful Volunteers and Jennifer Bennett for their assistance with the Sensory Garden dedication. Ms. Kirk announced that August 16, 2000 will be the annual "Work Glove" luncheon for the outdoor city workers and asked for door prize donations from local businesses. Councilman Scoggins recognized Mr. Stokes who gave the update on the sewer work on Bell Drive. Mr. Stokes reminded citizens that yard waste will need to be packaged in paper bags starting in August. Mr. Scoggins stated that wood mulch, leaf mulch and wood chips are available free of charge to Smyrna residents. Councilman Hawkins recognized Ms. Edgar who discussed the Taxpayer's Bill of Rights and announced that the public hearing approving the millage rate will be August 7, 2000. Councilman Hawkins stated that the City's millage rate will decrease againthis year. Councilman Cramer recognized Mr. Corey who announced the present job openings. Councilman Cramer announced that the Veteran's Memorial Association is accepting orders for brick and marble pavers for the Veteran's Memorial. Councilman Lnenicka stated that he is working with the Parks and Recreation department in scheduling a meeting with the Cobb Community Services Board and area residents. Councilman Wood recognized Ms. Bennett who announced that the Birthday Celebration will be August 5, 2000. Mayor Bacon stated that he thought the recent jazz concert was very successful. Councilman Wood recognized Mr. Seigler who discussed the circulation numbers for the library and announced that author, Mary Miller, will be the speaker at the Friends of the Library quarterly meeting. Mr. Seigler stated that the Library offers Spanish language books and tapes. Councilman Wood recognized Mr. Ciaccio who stated that the swim meet at Tolleson was very successful and commended Lee Cook and Judy Cannon for their efforts. Mr. Ciaccio thanked the adjoining neighborhoods for their cooperation. Mr. Ciaccio stated that tables are still available for the Birthday Celebration. Councilman Cramer reminded everyone to keep Senator Coverdell in their prayers. Mayor Bacon urged everyone to vote on Tuesday, July 18, 2000. ADJOURNMENT With no further business, the meeting adjourned at 10:06 p.m. STATE OF GEORGIA CITY OF SMYRNA RESOLUTION Resolution Number 2001 WHEREAS, the CITY OF SMYRNA is empowered to acquire property for public purposes through eminent domain; and WHEREAS, the CITY OF SMYRNA has filed an action in the Cobb County Superior Court seeking to acquire the property located at 3180 Atlanta Road, Smyrna, Georgia, to be utilized as a public recreational park; and WHEREAS, the COBB COUNTY COMMUNITY SERVICES BOARD has expressed an interest in relocating facilities into the City of Smyrna and seeks to move its facilities to the property that is the subject of the condemnation case referenced above. THEREFORE be it and it is hereby resolved by the Governing Authority of the City of Smyrna: -1- The City of Smyrna welcomes the relocation of the Cobb County Community Services Board facilities into the City of Smyrna. -2- In exercising its eminent domain powers the City of Smyrna does not seek to prohibit any person or entity from using the property located at 3180 Atlanta Road, Smyrna, Georgia. Rather, the purpose of such action is to acquire the property so that it may be utilized as a public park. -3- The City of Smyrna further resolves to assist the Cobb County Community Services Board and/or Cobb County CSB Finance Corporation in relocating and acquiring an alternative site within the city limits of Smyrna if requested to do so. This resolution has been duly adopted by the Governing Authority of the City of Smyrna, Georgia on the 17 thday of July 2000 attest: - Candis Joiner, t1ty Clerk A. Max Bacon, Mayor July 17, 2000 7 A. MAX BACON, MAYOR D CHAR] ENE CAPILO O, WARD 1 OnAJ,11 LmO.A CANDIS JOINER, C Y CLERK RON NEWCOMB, WARD 2