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11-06-2000 Regular MeetingNovember 6, 2000 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. Presiding officer Mayor,A. Max Bacon called the meeting to order 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 and representatives of the press. Invocation was given by Pastor Charles Thomas of Bethany United Methodist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Congressman Bob Barr who stated that it has been an honor to represent the 7' District and urged everyone to vote in the November 7, 2000, election. Congressman Barr stated that he would continue to support lower taxes and a balanced budget. Mayor Bacon recognized State Senate District 32 candidate, Mike Todd, who asked for the support of the citizens. Mr. Todd stated that he would like to reduce high -density development and clear cutting in the metro area. Mayor Bacon recognized State Representative District 29 incumbent Randy Sauder who stated that it has been an honor to represent District 29 and asked for the support of the citizens in the November election. Mayor Bacon recognized State Representative District 29 candidate Doug Stoner who thanked his family and supporters and urged the citizens to vote for him in the November 7, 2000, election. Mayor Bacon recognized State Representative District 29 candidate Ginger Collins who urged the citizens to vote for her in the November 7, 2000, election. Mayor Bacon recognized School Board Representative, Curt Johnston who introduced Teasley Elementary Principal, Dr. Linda Nash and chorus director, Ms. Mandy Sears. Dr. Nash introduced the Teasley Third Grade Chorus who performed the song "Love in Any Language." Mayor Bacon thanked the children and presented each with a gift bag. Mayor Bacon recognized Ms. Betty Turley and Ms. Peggy Lattanzi who introduced Ms. Labriah Lee who was elected Governor at Girls State. Ms. Lee thanked American Legion and urged the citizens to support the American Legion. Ms. Lattanzi thanked the community for their support and asked for the continued support of the community. Mayor Bacon introduced Mr. Hal Choyce, Parks and Recreation Commission member, who urged the citizens to vote for the SPLOST for Parks and Recreation and Sidewalk improvement for Cobb County. Mayor Bacon introduced Mr. Al Rudd and Reverend Elijah Jones of Greater Zion Hill Baptist Church who stated that the Greater Zion Hill Baptist Church had submitted a petition to Councilman Scoggins requesting the installation of a traffic signal at Village Parkway and Turpin Road. Mr. Rudd stated that the present caution signal does not provide adequate traffic control at this intersection. Mayor Bacon stated that their request has been presented to Council and that the City Engineer is researching the request. Councilman Scoggins thanked Mr. Rudd for his support and assured Mr. Rudd that an answer will be forthcoming. Mayor Bacon introduced Mr. David Casey who announced that the annual Kiwanis Prayer Breakfast will be held on November 22, 2000, at the First United Methodist Church of Smyrna and invited the public to attend. Mayor Bacon recognized a gentleman who asked what his options were about a neighboring house that had been destroyed in a fire and Councilman Bill Scoggins stated that notice has been given to the insurance company. The gentleman asked about the City ordinance regarding parked vehicles in the street and Councilman Bill Scoggins stated that a "no parking sign" must be approved and posted in order to ticket offenders. Mayor Bacon stated that inoperable or improperly licensed vehicles could be ticketed because they are in violation of the City. November 6, 2000 2 Mayor Bacon introduced Mr. James Royal, 1078 Westfield Trace, who asked if there is a forum for different citizen groups to discuss issues in the City and Mayor Bacon suggested Mr. Royal speak with Mr. Smith regarding specific questions. Councilwoman Capilouto discussed the Community Culture Committee and its focus. Mayor Bacon introduced Mr. Floyd Millis who stated that he is pleased with the new direction of the Community Culture Committee and stated that his recycling is not being picked up on the correct day. Mayor Bacon introduced Ms. Cheryl Self-Blando, 2964 Lexington Trace, who stated that she is in support of the Veterans Memorial Park and urged the public to support the veterans and this park. PUBLIC HEARINGS: (A) Charter Amendment —Section 35. Municipal Court —Creation; Powers; Punishment of Offenders. Mr. Smith stated that the purpose of this amendment is to allow imprisonment in the Smyrna Jail for up to 360 days and that the council approved the advertisement of this proposed amendment. Mayor Bacon stated that this is a public hearing and asked if there is any public comment. There was none. Councilwoman Capilouto stated that this is the first public hearing for this amendment and that the second hearing is scheduled for November 20, 2000. Mayor Bacon stated that no action is necessary. (B) Variance Request-3765 Lake Drive —Reduce Side Yard Setback from 10 feet to 5 feet. Mr. Smith the applicant is requesting to reduce the side yard setback in order to save an oak tree that could restrict the entrance into a garage and storage building that he plans to build. Councilman '*ood introduced the applicant's son, Mr. Merritt, who stated that the variance is necessary in order to save an 80-year-old White Oak Tree that would block the entrance of a storage building. Mr. Merritt stated that he has spoken with the adjoining neighbors and that they have no objection to the variance. Councilman Wood made a motion to approve the variance request of 3765 Lake Drive to reduce the side yard setback from 10 feet to 5 feet. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Variance Request —Wade Ford-3860 South Cobb Drive —Two Signs on One Building. Mr. Smith stated that Wade Ford is undergoing an extensive remodeling project and that Ford requires the dealership to include a Ford logo sign on the building. Mayor Bacon stated that this is a public hearing and asked if there was any public comment. There was none. Councilman Wood introduced Mr. Lester, Wade Ford general manager, who stated that Ford requires dealerships to include the oval Ford logo on the building and that Wade Ford would like to include the dealership name on the building as well. Councilman Wood stated that he appreciates the improvements to the building and that Wade Ford owns the contiguous property. Councilman Hawkins asked what the size of the signs would be and Mr. Lester stated that the total size of both signs would be 88 square feet. Councilman Wood made a motion to approve the variance request of Wade Ford of 3860 South Cobb Drive to have two signs on one building. Councilman Cramer seconded the motion. Motion was approved 6-1 with Councilman Newcomb opposed. (D) Privileged License Request —North GA. Convenience Management d/b/a Exxon #736-2370 Spring Road —Retail Package License (Beer and Wine) Ownership Change. Mayor Bacon'stated that this is a public hearing and asked for public comment. There was none. The applicant was not present. November 6, 2000 3 Councilman Newcomb made a motion to table the request for a privileged license for North GA. Convenience Management d/b/a Exxon # 736 at 2370 Spring Road for a retail package license (beer and wine) for an ownership change until the December 4, 2000, council meeting. Councilman Scoggins seconded the motion. Motion to table was approved 7-0. (E) Privileged License Request —North GA. Convenience Management d/b/a Exxon #716-677 Concord Road —Retail Package License (Beer and Wine) Ownership Change. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. The applicant was not present. Councilman•Hawkins made a motion to table the request for a privileged license for North GA. Convenience Management d/b/a Exxon # 716 at 677 Concord Road for a retail package license (beer and wine) for an ownership change until the December 4, 2000, council meeting. Councilman Newcomb seconded the motion. Motion to table was approved 7-0. (F) Privileged License Request —People's Pawn-3245-47 South Cobb Drive —Pawn Shop License. Mr. Smith stated that the applicant has been given a copy of the Pawn Shop ordinance and that the police department's investigation revealed nothing that would preclude issuance of this license. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Hawkins stated that this establishment is across the street from the Crossings Shopping Center on South Cobb Drive. Councilman Hawkins asked the applicant, Mr. Shlayen, if he has a copy of the Pawn Shop Ordinance and Mr. Shlayen stated yes. Councilman Hawkins asked Mr. Shlayen if he would be accepting vehicles on pawn and Mr. Shlayen stated no. Mr. Shlayen stated that he understands the City Pawn Shop Ordinance. Councilman Hawkins made a motion to approve the privileged license request of People's Pawn at 3245-47 South Cobb Drive for a Pawn Shop License with the stipulation that pawn money can not be lent on car titles. Councilman Newcomb seconded the motion. Mr. Cochran asked Mr. Shlayen if he agrees to this stipulation, and Mr. Shlayen stated yes. Motion *vas approved 7-0. FORMAL BUSINESS: (A) Appointment to the Smyrna Revitalization Authority. Councilman Hawkins made a motion to appoint Mr. Allen Potter to the Smyrna Revitalization Authority, and Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Authorize Mayor to sign LARP Contract for the Resurfacing of Church Street. Mr. Smith stated that this is a contract with the Department of Transportation that will authorize partial funding for the resurfacing of Church Street from South Cobb Drive to King Street. Councilman Scoggins made a motion to authorize the Mayor to sign the LARP Contract with the Department of Transportation for the resurfacing of Church Street. Councilman Hawkins. seconded the motion. Motion was approved 7-0. (C) Authorize Mayor to Sign Deed of Conveyance for the Right of Way of Abandoned Foster Street. Mr. Smith stated that in 1991, Mayor and Council agreed to abandon Foster Street and that at that time one side of the abandoned road was conveyed to Mr. Whitener.- ,Mr. Smith stated that Mr. Whitener purchased the other side of the abandoned road and that right of way needs to be conveyed to Mr. Whitener. Councilman Scoggins asked Mr. Cochran to explain the conveyance and Mr. Cochran stated that in 1991 Mayor and Council agreed to convey both sides of abandoned Foster Street to the individual property owner on each side of Foster Street. Mr. Cochran stated that the purpose of this conveyance is to finalize this 1991 agreement. Councilman Scoggins stated that Mr. November 6, 2000 4 Whitener would be responsible for the upkeep of this property and Mr. Whitener stated, that he agrees. Councilman Scoggins made a motion to authorize the Mayor to sign a Deed of Conveyance for the right of way of abandoned Foster Street as shown in attached deed with the stipulation that Mr. Whitener maintains the property as required by the City of Smyrna. Councilman Newcomb seconded the motion. The City Attorney was directed to provide a copy of the legal description of the conveyance to be included in the minutes. (The legal description is included in attached deed.) Motion was approved 7-0. (D) Resolution —Support of SPLOST—Parks and Recreation. Councilman Wood stated that a SPLOST for Parks and Recreation will be on the November 7, 2000, and read a resolution in support of the proposed SPLOST. Councilman Wood made a motion to approve the resolution in support of SPLOST for Parks and Recreation and Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid Award —Excavation and Grassing of Area Bounded by Atlanta Road, King Street, Old Bank Street and West Spring Street. Councilman Scoggins stated bids were solicited from vendors with two companies responding and made a motion to award the bid for the grading of the downtown to Butch Thompson Enterprises, the low bidder meeting specifications for a total cost of $176,942.00. Councilman Hawkins seconded the motion. Motion was approved 7-0. (B) Bid Award —Production and Camera Equipment for Council Chambers. Councilman Hawkins stated bids for production and camera equipment for Council Chambers were solicited from two vendors with one company responding and made a motion to award the bid for the production and camera equipment for Council Chambers to Technical Industries, the low bidder meeting specifications for a total cost of $39,700.00 with Mr. Jeff Brown providing installation for a cost not to exceed $2,700.00. Councilman Scoggins seconded the motion. Motion was approved 7-0. (C) Bid Award —Redesign of the City of Smyrna Web Page. Councilman Hawkins stated bids for redesign of the City of Smyrna web page were solicited from four vendors with three companies responding and made a motion to award the bid for the redesign of the City of Smyrna web page to World Sites, the low bidder meeting specifications for a total cost of $48,516.00. Councilman Scoggins seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of the October 16, 2000, Minutes. (B) Approval to Purchase Toshiba Notebook Computer Voice Stress Analyzer for, SPD's Criminal Investigation Division. (C) Approval to Use Council Chambers on November 14, 2000, from 6:30 p.m. to 10:00 p.m. for C.M.A. Meeting. (D) Approval to Request Bids for Spring Road Linear Park. (E) Approval to Request Bids for Playground Equipment at Cobb Park. Councilman Lnenicka made a motion to approve the consent agenda and Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Mayor Bacon urged the citizens to vote and stated that the polls will be open from 7:00 a.m. to 7:00 p.m. 1 , .. QUIT -CLAIM DEED STATE OF GEORGIA COUNTY OF COBB After Recording, Return To: Scott A. Cochran, Attorney COCHRAN, CAMP & SNIPES 2950 Atlanta Street, SE Smyrna, GA 30080-3692 THIS INDENTURE, made this day of NOVEMBER, in the year of our Lord, Two Thousand, between the CITY OF SMYRNA of the first part and WHITENER LIMITED PARTNERSHIP, a Georgia Limited Partnership of the second part. WITNESSETH: That the said parties of the first part for and in consideration of the sum of Ten and No/100 ($10.00) Doi lars, cash in hand paid, the receipt of which is hereby acknowledged, has bargained, sold and does by these presents bargain, sell, remise, release, and forever quit -claim to the said parties of the second part, their heirs and assigns, all the right, title, interest, claim or demand which the said parties of the first part has or may have had in and to ----- All that tract or parcel of land lying and being In Land Lot 559 of the 17" District, 2"" Section, Cobb County, Georgia and being a portion of Foster Street (abandoned) in the City of Smyrna, as per plat of survey thereof by Roger S. Lee, Georgia Reg. Surveyor No. 2234, dated September 14, 1987 as revised October 10, 1987 and being more particularly described as follows: BEGINNING at an iron pin on the northeasterly right of way of abandoned Foster Street (30 foot right of way) located 539.56 feet southeasterly as measured along the northeasterly right of way of Foster Street from its intersection with the southerly right if way of Spring Street; thence South 04 degrees 32 minutes 59 seconds East, as measured along the northeasterly right of way of Foster Street, a distance of 250.44 feet to an iron pin on the northeasterly right of way of the L & N railroad; thence North 55 degrees 54 minutes 00 seconds West, along the northeasterly right of way of the L & N railroad, a distance of 39.12 feet to an iron pin; thence North 04 degrees 32 minutes 59 seconds West, along the westerly right of way of the abandoned Foster Street, a distance of 224.85 feet to an iron pin; thence North 83 degrees 16 minutes 51 seconds East, a distance of 30.57 feet to an iron pin on the northeasterly right of way of Foster Street, and the POINT OF BEGINNING. This conveyance is made subsequent to the abandonment of a portion of Foster Street and was authorized by the City of Smyrna at council meetings on May 6, 1991 and November 6, 2000. Pursuant to OCGA § 48-6-2(a)(3) no transfer tax is due. with all the rights, members and appurtenances to the said described premises in anywise appertaining or belonging. TO HAVE AND TO HOLD the said described premises unto the said parties of the second part, their heirs and assigns, so that neither the said parties of the first part nor their heirs, nor any other person or persons claiming under them shall at any time, claim or demand any right title or interest to the aforesaid described premises or its appurtenances. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand and affixed their seal the day and year above written. Signed, sealed and delivered in the presence of M . 60AW Witness By Notary Public 4 Ilc.ar i-­ Ac, Cobb t;ounty, Geoigw MY Cortunission Expires May 5, 2004 City of Smyrna A. Max Bacon, Mayor November 6, 2000 Mayor Bacon congratulated Mr. Larry Freeman, local Smyrna businessman, on being named Smyrna Citizen of the Year by the Cobb Chamber of Commerce. Mayor Bacon wished Mr. Guy Beckman a happy birthday. Councilwoman Capilouto urged everyone to vote for his or her candidate of choice on November 7, 2000. Councilman Scoggins reminded the citizens that the public works department has started leaf pickup and urged the citizens to follow the leaf pick up schedule and to not put the leaves in the streets because the leaves will block the gutters. Councilman Hawkins urged everyone to vote and reminded Ward 4 citizens that the new polling station is at Sharon Baptist Church. Councilman Hawkins stated that profits in the recycling industry are decreasing and therefore service is decreasing. Councilman Hawkins applauded Smyrna citizens for their recycling efforts and asked everyone to continue with their commitment. Councilman Hawkins congratulated his grandson, Corey, on scoring his 15L soccer goal and said hello to granddaughter, Taylor. Councilman Cramer reminded everyone that donations are still being accepted by the Veterans Memorial Park. Councilman Lnenicka stated that it is important to vote and urged the citizens to support the Veterans of the community by attending a ceremony honoring Veterans at the American Legion on Saturday, November It'. Councilman Wood stated that the Parks and Recreation department will be conducting input meetings as part of the needs assessment survey. Councilman Wood urged the citizens to vote. Councilman Wood congratulated Mr. Freeman on being named Citizen of the Year. November 6, 2000 Cl ADJOURNMENT With no further business, the meeting adjourned at 9:43 p.m. .-- �la A. MAX BACON, MAYOR CANDIS JOINER, hITY CLERK Z� mx-x� QQ�� CHARLENE CAPILO TO, WARD I RON NEWCOMB, WARD 2 BIL SCOGGINS, WAR CHARLES PETE WOOD, WARD 7 AMES M. HAWKINS, WARD 4 WADE S. LNENICKA, WARD 6 V, .