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August 21, 2000 Council Meeting August 21, 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 Representative Lee Cook, Keep Smyrna Beautiful Director 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 Reverend Carol Fox of Faith United Methodist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Mr. Corey who presented the Star Employee award to Mr. Robert Bums who was able to secure space to dispose of excess yard debris which enabled the City to save over $30,000 in tipping fees. Mayor Bacon recognized Mrs. Kirk and Mrs. Sue Brissey who presented the Image Enhancement Award to Mr. Lee Scroggins of Community Bank of the South. Mr. Scroggins thanked the City for the recognition. Mrs. Kirk and Mrs. Brissey also recognized Mr. Joel Haney for his redevelopment of the Beaver Creek and Windy Hill intersection. Mayor Bacon thanked Miss Sloan Elizabeth Isom, daughter of City Solicitor John Isom, for her volunteer work in the Court Services Department and presented her with a certificate. Miss Isom thanked the City. .. Mayor Bacon asked Councilman Wood to read a proclamation in honor of Mrs. Joyce Amico who is the reigning Ms. Georgia Senior. The proclamation was read. Mrs. Amico thanked the Mayor and congratulated the Mayor and Council on the accomplishments and development of the City. Mayor Bacon recognized Mr. Doug Stoner, who stated that he will be on the ballot for State Representative House District 29 and asked for everyone's vote in the November election. Mr. Stoner thanked his supporters. Mayor Bacon recognized Ms. Ginger Collins, candidate for State Representative House District 29, who stated that she will be on the ballot for the November election and asked for everyone's vote. Ms. Collins thanked her supporters. Mayor Bacon recognized Ms. Judy Battles, Griffin Middle School principal, who stated that she would like to recognize Ms. Kelly Whitlock and Mr. Anthony Swanson, Griffin Middle School teachers, for their continued dedication and leadership in their school. Ms. Whitlock stated that she is happy to be at Griffin Middle because she feels like she is at home and Mr. Swanson stated that appreciates the recognition and opportunity. Mayor Bacon stated that he appreciates the commitment of the teachers and that he is thankful for the new principals of Griffin Middle School, Campbell Middle School and Campbell High School. .... Mayor Bacon introduced Mr. Floyd Millis who congratulated the Mayor and Council for the establishment of the Community Culture Committee and asked that citizens be encouraged to participate. Mr. Millis stated that there was an incident of road rage at Atlanta Road and Spring Road and wants to know if the citizen who caused the road rage was cited for causing an incident. Chief Hook stated that this is public information and Mr. Millis is welcome to stop by the Police Station to obtain that information. Mr. Millis expressed his concern that he is being charged by the County for a streetlight fee which he understood the City would pay after his recent annexation. PUBLIC HEARINGS: August 21, 2000 2 (A) Rezoning Request-2361 Hill Street (.433 Acres)-From R-15 to RAD Conditional. Mayor Bacon stated that a letter has been received from the applicant asking to withdraw their application without prejudice and Councilman Scoggins read the letter. Mayor Bacon asked if anyone would like to speak on this issue. There was no one. Councilman Scoggins made a motion to withdraw without prejudice the rezoning request for 2361 Hill Street and Councilman Newcomb seconded the motion. Motion was approved 7-0. (B) Annexation Request-4400 North Cooper Lake Road (3.08 Acres)-Land Lot 333, 17th District, 2nd Section, Cobb County, GA. .... Mr. Smith stated that the petition for Mr. Robert Hines and Mrs. Barbara Hines was validated on July 17, 2000 and that if approved, this 3.08-acre tract will become part of Ward 7 effective September 1,2000. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood made a motion to approve the annexation request of Mr. Robert Hines and Mrs. Barbara Hines of 4400 North Cooper Lake Road for 3.08 acres of Land Lot 333, 17th District, 2nd Section, Cobb County, Georgia to become a part of Ward 7 effective September 1, 2000. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Zoning Amendment Change Request- Woodland Gate Subdivision-Reduce Distance between Homes from 15 feet to 13 feet. Mr. Smith stated that the developer, Ryland Homes, is requesting this variance in order to add brick or stone siding. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood stated that this is a zoning amendment and introduced Mr. Todd Jones of Ryland Homes. Mr. Jones stated that his consumers are seeking larger homes as well as brick or stone sides to the homes. Councilman Wood made a motion to approve the zoning amendment change request of Woodland Gate Subdivision to reduce distance between homes from 15 feet to 13 feet to in order to allow the sides of the homes to be brick or stone and to increase the minimum square footage of heated space to 2500 square feet per home. Councilman Cramer seconded the motion. Motion was approved 6-1 with Councilman Lnenicka opposed. WIllI (D) Privileged License Request-Mojica Taxi Cab Company-l047 Windy Hill Road- Vehicle for Hire License. Mr. Smith stated that the Police Department has established residency of the applicant and that the investigation failed to reveal any information that would preclude approval of the license applied for. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Hawkins asked Mr. Jose Mojica, applicant, if he understood the City's ordinance regarding taxicab business licenses and Mr. Mojica stated that he understood. Mr. Mojica stated that he had a valid driver's license and insurance. Mayor Bacon asked if Mojica Taxi Cab Company is currently operating in Cobb County and Mr. Mojica stated yes. Councilman Hawkins made a motion to approve the privileged license request for Mojica Taxi Cab Company at 1047 Windy Hill Road for a Vehicle for Hire License. Councilman Newcomb seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: ..", (A) Approval of the Amendment to the Beautification Ordinance Requiring Security Fund, Letter of Credit or other Surety Prior to Working in the Streets. Mr. Smith stated that if approved this amendment will allow the City to require a security deposit in the event that there is a problem during construction. Councilman Hawkins stated that this amendment will allow the City of Smyrna to require a security deposit of anyone that is working in the right of ways of the City. Councilman Hawkins stated that this fund will allow the City to repair any areas not completed. August 21, 2000 3 Councilman Hawkins recognized Mr. Andy Macke of GMA who stated that this amendrnent offers the City an additional recourse in the event that the company does not repair their construction damage. Councilman Lnenicka stated that he supports this amendment due to the recent problems that the City of Smyrna has incurred due to work crews not completing the job or gas lines being damaged. Councilman Hawkins made a motion to approve the amendment to the Beautification Ordinance requiring security fund, letter of credit or other surety prior to working in the streets and Councilman Lnenicka seconded the motion. Motion was approved 7-0. .. (B) Approval of Amendments to existing Telecommunications Franchise Agreements: Metromedia Fiber Network Services, Inc., Nextlink Georgia, Inc., Level III Communications, LLC. Mr. Smith stated that the purpose of this agreement is to accept the current definition of gross revenue for current telecommunication franchise agreements. Mayor Bacon recognized Mr. Andy Macke who stated that this amendment has been drafted in an effort to bring all telecommunication franchises under the same gross revenue definitions as the current BellSouth agreement and that there is a federal law that allows for a fair and non- discriminatory compensation to cities for the use of right of ways. Councilman Hawkins asked if Mr. Macke has reviewed the document and Mr. Macke stated that he has. Councilman Hawkins made a motion to approve the amendment to the existing telecommunications franchise agreements of Metromedia Fiber Network Services, Inc., Nextlink Georgia, Inc., and Level III Communications, LLC. Councilman Scoggins seconded the motion. Motion was approved 7- O. (C) Approval of Telecommunications Franchise Agreement between American Communication Services of Atlanta, Inc. and the City of Smyrna. -- Mayor Bacon recognized Ms. Morris from the American Communication Services of Atlanta, Inc. who stated that they intend to correct the problems their crews caused recently while digging in the right of way near the Smyrna Museum. Councilman Hawkins asked Ms. Morris to describe the services that American Communication Services of Atlanta offers and she stated that American Communication Services of Atlanta offers local and long distance telephone service and Internet service. Ms. Morris stated that the company is located in Washington, DC, Atlanta, Dallas, Miami, Houston and Ft. Lauderdale. Mr. Smith asked that Mr. Macke state the basic issues of this agreement because it is similar to the other franchise agreements being discussed this evening. Mr. Macke stated that the basic terms of the agreements require compensation of three percent of gross revenue, full indemnification to the City in case of any accidents in the rights of way caused by the franchisee, insurance of three million dollars for any incident of property damage or personal injury, a minimum franchise fee payment from an annual fee of $2,500 to $10,000, requires the company to submit plans to the City Engineer prior to construction, and a performance bond. Mr. Cochran stated that he has reviewed the agreements and found them to be in order. Councilman Hawkins made a motion to approve the Telecommunications Franchise Agreement between American Communication Services of Atlanta, Inc. and the City of Smyrna. Councilman Lnenicka seconded the motion. Councilman Lnenicka stated that he appreciates Ms. Morris attending this evening's meeting and that he appreciates her efforts. Motion was approved 7-0. (D) Approval of Telecommunications Franchise Agreement between Teleport Communications Atlanta, Inc. and the City of Smyrna. .. Councilman Hawkins made a motion to approve the Telecommunications Franchise Agreement between Teleport Communications Atlanta, Inc. and the City of Smyrna. Councilman Wood seconded the motion. Motion was approved 7-0. (E) Approval of the Telecommunications Franchise Agreement between Fiberworks, Inc. and the City of Smyrna. Councilman Hawkins made a motion to approve the Telecommunications Franchise Agreement between Fiberworks, Inc. and the City of Smyrna and Councilman Lnenicka seconded the motion. Motion was approved 7-0. August 21, 2000 4 (F) Approval of Telecommunications Franchise Agreement between Adelphia Business Solutions, Inc. and the City of Smyrna. Councilman Hawkins made a motion to approve the Telecommunications Franchise Agreement between Adelphia Business, Inc. and the City of Smyrna and Councilman Cramer seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Dooley and Mack Constructors of GA. Requests a Permit for the Construction of a 6,720 Square Foot Car Care Building. .... Councilman Lnenicka stated that this building, if approved, will be located at the southwest corner of Atlanta Road and Ridge Road and that the applicant has reviewed the Atlanta Road Overlay district guidelines. Councilman Lnenicka stated that there are still questions regarding the roof of the building, but that the applicant will be working with the Community Development Department on this issue. Councilman Lnenicka made a motion to approve the building permit of Dooley and Mack Constructors of GA. for a 6,720 square foot car care building and Councilman Wood seconded the motion. Motion was approved 7-0. BID AWARDS: (A) Bid Award- Traffic Signal Installation at Atlanta Road and Collier Drive. Councilman Scoggins stated that three bids were received on the traffic signal installation at Atlanta Road and Collier Drive. Councilman Scoggins stated the Public Works staff has reviewed the bids and recommends the bid be awarded to the low bidder meeting specifications, RJ Haynie and Associates. Councilman Scoggins made a motion that the bid for the traffic signal installation at Atlanta Road and Collier Drive be awarded to RJ Haynie and Associates, low bidder meeting specifications, for a total cost of $72,000.00. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Bid Award-City Administrator Vehicle. .... Councilman Hawkins stated that three bids were received on the City Administrator Vehicle. Councilman Hawkins stated the Finance staff has reviewed the bids and recommends the bid be awarded to the low bidder meeting specifications, Wade Ford. Councilman Hawkins made a motion that the bid for the City Administrator Vehicle be awarded to Wade Ford, low bidder meeting specifications, for a total cost of $16,836.00. Councilman Lnenicka seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of August 7, 2000 Minutes (B) Approval to Install Stop Signs at the Intersection of Queensgate Drive and Kenway Circle. (C) Approval to Auction Surplus Items at Cobb County Auction. (D) Approval to Request Bids or Purchase from State Contract One Copier for Probation Division of Court Services. (E) Approval to Request the Use of Contract Unit Pricing for Water Main Replacement on Gilbert Street from Hawthorne Street to Roswell Street. (F) Approval to Request Bids for Petroleum Products. (G) Approval to Request Bids for a Portable Sewer Camera. (H) Approval to Amend the FY 2000 Budget. ...., Councilman Wood made a motion to approve the consent agenda and Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Newcomb introduced Mr. Broyles who presented the building permit statistics for the month of July 2000. Mr. Broyles stated that the part time City Marshall picked up 647 illegally posted signs this past weekend. August 21, 2000 5 Councilman Newcomb reminded the public that there will be a Ward 2 meeting on Wednesday, August 23,2000 at 7:00 p.m. in the Council Chambers. Councilman Scoggins introduced Mrs. Kirk who stated that the Work Glove Luncheon was successful and thanked the community for the donated door prizes. Ms. Kirk thanked Frank Adams, Lois Lewis, Betty Ginn, Mary Betty Johnson, Sue Brissey, Amy Phillips, Griselda Gomez, and Lillian McCall for their assistance in obtaining the donations. Ms. Kirk stated that plans are being discussed regarding the annual Jonquil Sale. .. Councilman Scoggins introduced Mr. Stokes who stated that the paper bag program started August 2, 2000 and has been successful. Mr. Stokes stated that future water projects include Guthrie Street from Fleming Road to Powder Springs Street and Knoll Road from Teasley to Village Parkway. Mr. Stokes stated that a sidewalk project has begun that includes Powder Springs Street to Atlanta Road to the Duck Pond at the Community Center. Councilman Hawkins introduced Ms. Edgar who stated that the audit will begin next week and will be published in October. Ms. Edgar stated that the watering ban is in effect and that the utilities department will begin using a new bar code system in order to save a great deal of time. Councilman Hawkins stated that the first football game of Campbell High will be the first weekend in September. Councilman Cramer introduced Mr. Corey who announced the present job openings. Councilman Cramer stated that he has received calls regarding re-paving of streets and said that the City Engineer makes the assessment yearly. Councilman Cramer invited everyone to attend the Cobb Chamber Breakfast on Thursday, August 24th where Mayor Bacon will be presenting the State of the City Address. Councilman Lnenicka reminded everyone that house numbers must be visible from the street in order to facilitate emergency services. ..., Councilman Lnenicka introduced Chief Hook who stated that the police department is hiring 5 officers. Chief Hook stated that Captain Houston will be retiring on Friday, August 25th and will be missed. Chief Hook presented the crime statistics for the first six months of 2000. Councilman Wood introduced Ms. Bennett who reminded everyone that the Taste of Smyrna will be September 16th and the Fall Newsletter will be mailed with the September Water Bill. Councilman Wood introduced Mr. Seigler who stated that there will be a family art workshop and that passwords can be given to individuals for Gallileo if you have a library card and come into the Library. Councilman Wood congratulated Mr. Cook on his promotion in the Parks and Recreation Department. Mr. Smith thanked and commended Ms. Kirk for the Work Glove Luncheon. Mr. Cochran stated that an order was received from Judge Curtis regarding the City's noise ordinance and discussed revising the ordinance in the future. Mayor Bacon stated that there has been misperception regarding this ordinance. SHOW CAUSE HEARINGS: ... (A) Alcohol Beverage Violation-Cobb Center Amoco-27ll South Cobb Drive-Agent Rajeshwari Surani. City Attorney Scott Cochran administered the oath to the persons who would speak in this hearing. Mayor Bacon introduced Officer Hegwood who stated that on June 7, 2000 the Smyrna Police Department in cooperation with the Cobb County Police Departments and other municipalities participated in an under age drinking task force. Officer Hegwood stated that the task force August 21, 2000 6 performed a beverage service compliance check using informants under the age of twenty-one with a valid Georgia driver's license. Officer Hegwood stated that 22 establishments located in the City of Smyrna were visited and 11 establishments committed violations. Hegwood stated that the 18-year-old female informant purchased a 6 pack of 12 ounce bottles of Miller Lite Beer after the clerk, Mohammed Nadeem Choudry, checked the informant's license and conversed. Hegwood stated that that the clerk was sited for alcohol sales to a minor and for alcohol sales without a license. Mayor Bacon introduced Mr. Surani who stated that he has never been cited for any type of violation before and that the manager of the store had to leave temporarily and asked his room mate to work during this time. Mr. Surani apologized and stated that he has been subject to sting operations before and was not cited. Mayor Bacon asked Mr. Surani if he was aware the former owner has been cited twice for alcohol sales to a minor and Mr. Surani stated no. ..... Councilman Cramer stated that he is concerned because this location is becoming a problem location. Mr. Surani stated that he can not speak for the former owner, but he can assure that his business will not sell alcohol to a minor and that this incident is a one time incident. Councilman Cramer asked Mr. Surani if he has trained his employees regarding identification and Mr. Surani stated his policy is to check everyone for identification. Mr. Surani stated that the clerk asked for identification and that he does not know why the clerk sold the alcohol. Councilman Lnenicka asked Ms. Surani to express her plans to assure Mayor and Council that the underage sale of alcohol to minors will not happen again and Ms. Surani stated that she intends for all employees to sign off that they have been trained in laws of alcohol sales. Councilman Lnenicka stated that he is very concerned that the employee left the store with an untrained individual. Councilman Cramer asked Ms. Surani to take a more active role as agent in the store and asked Ms. Surani to report training procedures to the City. Councilman Cramer made a motion to suspend the alcohol beverage license for Cobb Center Amoco for a total of 25 non-consecutive days beginning at 12:01 a.m. on August 22, 2000 for the next 25 days except for Saturdays. Councilman Newcomb seconded the motion. Motion was approved 7-0. J (B) Alcohol Beverage Violation-E-Z Serve-3002 Atlanta Road-Agent Robert C. Walburn. ..." City Attorney Scott Cochran administered the oath to the persons who would speak in this hearing. Mayor Bacon introduced Officer Hegwood who stated that on June 7, 2000 the Smyrna Police Department in cooperation with the Cobb County Police Departments and other municipalities participated in an under age drinking task force. Officer Hegwood stated that the task force performed a beverage service compliance check using informants under the age of twenty-one with a valid Georgia driver's license. Officer Hegwood stated that 22 locations in the City of Smyrna were visited and 11 of these establishments committed violations. Hegwood stated that the 18-year-old female informant purchased a 6 pack of 12 ounce bottles of Bud Ice Beer after the clerk, Sebunyenyeri Ruchinya, who did not ask for identification. Officer Hegwood stated that he was able to observe the entire transaction. Mayor Bacon introduced Ms. Michelle Davis, attorney for Swifty Serve/EZ Serve Convenience stores, who stated that she is impressed with the sense of community in the City of Smyrna and that it is important that businesses understand that they have an important role in the City. Ms. Davis stated that Swifty Serve recognizes the importance of their responsibility by beginning a new training program regarding alcohol sales. Mayor Bacon stated that there have been problems with EZ Serve stores. Councilman Cramer asked if a cash register could require a birth date on alcohol sales and Ms. Davis stated that an employee could override the dates. Councilman Hawkins urged Ms. Davis to try to come up with a program that will be successful and urged Ms. Davis to have an agent that will enforce the rules. Councilman Hawkins made a motion to impose a 60 day suspension of the alcohol license for E-Z Serve at 3002 Atlanta Road that will run consecutively beginning at 12:01 a.m. August 22, 2000. Councilman Newcomb seconded the motion. Motion was approved 7-0. ...,; (C) Alcohol Beverage Violation-E-Z Serve-261O Cobb Parkway-Agent Robert C. Walburn. August 21, 2000 7 City Attorney Scott Cochran administered the oath to the persons who would speak in this hearing. ... Mayor Bacon introduced Officer Bennett who stated that on June 7, 2000 the Smyrna Police Department in cooperation with the Cobb County Police Departments and other municipalities participated in an under age drinking task force. Officer Bennett stated that the task force performed a beverage service compliance check using informants under the age of twenty-one with a valid Georgia driver's license. Officer Bennett stated that 22 locations in the City of Smyrna were visited and 11 of these establishments committed violations. Bennett stated that the 18-year-old male informant purchased a 24 ounce bottle of Corona Beer after the clerk, Uzairul Haq, did not ask for any type of identification. Officer Bennett stated that he was able to observe the entire transaction. Councilman Hawkins made a motion to impose a 60 day suspension of the alcohol license for E-Z Serve at 2610 Cobb Parkway that will run consecutively beginning at 12:01 a.m. August 22, 2000. Councilman Newcomb seconded the motion. Motion was approved 7-0. (D) Alcohol Beverage Violation-E-Z Serve-902 Windy Hill Road-Agent Robert C. Walburn. City Attorney Scott Cochran administered the oath to the persons who would speak in this hearing. Mayor Bacon introduced Officer Hegwood who stated that on June 7, 2000 the Smyrna Police Department in cooperation with the Cobb County Police Departments and other municipalities participated in an under age drinking task force. Officer Hegwood stated that the task force performed a beverage service compliance check using informants under the age of twenty-one with a valid Georgia driver's license. Officer Hegwood stated that 22 locations in the City of Smyrna were visited and 11 of these establishments committed violations. Hegwood stated that the 18 year old female informant purchased a 6 pack of 12 ounce bottles of Bud Lite Beer after the clerk, Vijay Prathap Mallupu, did not ask for identification. Officer Hegwood stated that he was able to observe the entire transaction. -- Councilman Hawkins made a motion to impose a 90 day suspension for the alcohol license of E-Z Serve at 902 Windy Hill Road that will run consecutively beginning at 12:01 a.m. August 22,2000. Councilman Newcomb seconded the motion. Councilman Hawkins stated that he believes the City Council has been very lenient and that he will continue to impose strict suspensions until E-Z Serve proves that they will hire employees that will obey the laws. Councilman Hawkins stated that he does not believe that he will ever approve Mr. Walburn for an agent again. Councilman Newcomb stated that with each offense the period of suspension increases and that if this pattern continues, these stores may be permanently barred from selling alcohol. Councilman Lnenicka stated that Ms. Davis has asked to meet with the Police and Fire Committee and that he would like to see E-Z Serve run a successful and safe business. Ms. Davis stated that she had been misinformed at an earlier hearing and that she would like to apologize for unintentionally passing the misinformation to Mayor and Council. Motion was approved 7-0. -- August 21, 2000 8 ADJOURNMENT -~~ CANDIS JOINE ~~API~ ~;Wd~ARD2 WIllI ~ D3 ~E~'~ WIllI .....,