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February 21, 2000 Council Meeting February 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 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 Reverend Frank Hammond of Mt. Zion Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Cobb County Solicitor, Barry Morgan who stated that the Smyrna Police Department is doing a wonderful job. Mayor Bacon recognized Randy Blansett of the Cobb Census Bureau. Mr. Blansett reminded everyone that the Census forms would be mailed in March and that the Census information is completely confidential. Mayor Bacon thanked Mr. Blansett for his time and agreed that it is very important to complete the forms in order to receive the maximum amount of funding. Mayor Bacon stated Councilman Cramer had a special presentation to make this evening. Councilman Cramer recognized Ann Kirk, who was named Citizen of the Year through the Smyrna Business Association and presented Ms. Kirk with a plaque thanking her for her diligence on the Keep Smyrna Beautiful Committee. ... Mayor Bacon recognized Ms. Robyn Cubbage of 275 Doeskin Trail who questioned if there would be any citizen input on the proposed Veteran's Memorial. Mayor Bacon stated that when the final design has been presented, the City Council and the Downtown Development Authority would hold a Public Meeting to finalize their decisions. Councilman Cramer stated that there have been over 50 people working on this project in order to keep the public informed. Ms. Cubbage stated that knowing what she knows now she would not be in favor of the project. Councilman Cramer stated that this Memorial would be an educational Memorial. Mayor Bacon stated that everyone is welcome to view the model of the Memorial. Mr. Smith stated that the City Architect, City Arborist and many others have been involved in the Veteran's Memorial Project. PUBLIC HEARINGS: (A) Alcoholic Beverage License Request-Folks Southern Restaurant-2590 Spring Road- Retail Pouring License for Beer and Wine. Mr. Smith stated Folks Restaurant has submitted an application for a retail-pouring license (beer and wine) at 2590 Spring Road. He further stated this is a new application and Mr. Richard John Pratt has applied to be the agent for this establishment. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was no opposition. .... Councilwoman Capilouto stated that this business recently moved from the Concord Road location to Spring Road. Councilwoman Capilouto questioned Mr. Pratt if he was familiar with the City Ordinances regarding alcohol licenses and Mr. Pratt answered that he was. Councilwoman Capilouto stated that the police investigation failed to show any reason to deny the request for an alcohol license. Councilwoman Capilouto stated that she had received a few calls that expressed concern over the distance from the Church across the street but the Black Eyed Pea Restaurant, the previous owner of the property, had a retail pouring license (beer and wine). According to the Alcohol Ordinance Section 6-118(e) if an application for a pouring license is received from a location that was previously licensed, and the license for that location has not been expired for a period of one year, the establishment shall not be required to comply with the distance requirements from a school, church, park, public building, library, or residence. Councilwoman Capilouto stated that the Police Department Investigation reaveled 2 February 21,2000 nothing that would preclude the issuance of the license. Councilwoman Capilouto made a motion to approve the application for the retail pouring license for beer and wine for Folks Restaurant 2590 Spring Road with Mr. Richard John Pratt as the agent and Councilman Newcomb seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Validation of Petition for Annexation-Land Lots 698 & 699-17th District, 2nd Section, Cobb County-14.284 Acres-South Atlanta Road at Ridge Road. Mr. Smith stated the city has received a petition from Ruth M. Mackay and David Mackay to annex the following described property. -- All that tract or parcel of land lying in and being Land Lots 698 &699 of the 17th District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: Beginning at a concrete right-of-way monument located at the northwest and mitered intersection of South Atlanta Road (having a variable right-of-way) and Ridge Road (having a variable right-of- way), thence running South 26 degrees 02 minutes 05 seconds West a distance of 56.68 feet to a concrete right-of-way monument found; thence running South 65 degrees 10 minutes 58 seconds West a distance of 37.49 feet to a concrete right-of-way monument found; thence running along the northwest right-of-way of Ridge Road along a curve to the left an arc distance of 127.24 feet to an iron pin set (#4 rebar), said curve having a radius of 240.76 feet and being subtended y a chord bearing south 50 degrees 13 minutes 28 seconds West and a chord distance of 125.77 feet; thence running along a curve to the left an arc distance of 147.04 feet to an iron pin set (#4 rebar) said curve having a radius of 425.13 feet and being subtended by a chord bearing South 25 degrees 08 minutes 14 seconds West and a chord distance of 146.31 feet; thence running South 15 degrees 13 minutes 34 seconds West a distance of 162.33 feet to an iron pin set (#4 rebar); thence running south 74 degrees 46 minutes 26 seconds East a distance of 5.00 feet to an iron pin set (#4 rebar); thence running along a curve to the right an arc distance of 283.54 feet to an iron pin set (#4 rebar), said curve having a radius of 485.64 feet and being subtended by a chord bearing South 31 degrees 57 minutes 09 seconds West and a chord distance of 279.53 feet; thence running South 48 degrees 40 minutes 43 seconds West a distance of 382.70 feet to an iron pin found (#4 rebar); thence leaving said right-of-way running North 57 degrees 47 minutes 19 seconds West a distance .... of 262.50 feet to an iron pin found (3/4" crimp top pipe), said pin being located on the dividing line of land lots 670 and 699; thence running North 02 degrees 43 minutes 58 seconds East a distance of 760.60 feet to an iron pin found (1/2" open top pipe), said pin being located on the north right-of-way of an approximate 75 foot Colonial Pipeline natural gas line easement; thence running along said easement North 71 degrees 54 minutes 17 seconds East a distance of 845.90 feet to an iron pin found (#4 rebar), said pin being located on the west right-of-way of South Atlanta Road (having a variable right-of-way); thence running along said right-of-way of South 18 degrees 10 minutes 18 seconds East a distance of 129.84 feet to a concrete right-of-way found; thence running South 16 degrees 03 minutes 55 seconds East a distance of 116.17 feet to a concrete right-of-way found, said monument also being known as the TRUE POINT OF BEGINNING. Said tract of parcel of land contains 622,192 sq. ft. or 14.284 acres as shown on a plat of survey entitled: Georgia Boundary Plat prepared for: Bowen Construction Company, Inc., dated: 02/01/00, By: Surveying Solutions, Inc. Councilman Lnenicka made a motion that the petition to annex the above-described property be validated and a public hearing set for March 20, 2000. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Appointment of Hearing Officer-Smyrna Housing Authority and Smyrna Hospital Authority. ..., Councilman Hawkins made a motion to appoint Attorney Al Cochran to the position of Hearing Officer for the Smyrna Housing Authority and Smyrna Hospital Authority. Councilman Wood seconded the motion. Motion was approved 7-0. 3 February 21, 2000 COMMERCIAL BUILDING PERMITS: (A) Holder Construction is Requesting a Building Permit for the Construction of a 10,000 Square Foot Church Located at 4000 King Springs Road. ... Councilman Wood stated that this property is located South of Wade Ford and that the property is currently zoned Office-Institutional. Councilman Wood stated that the Self-Realization Church meets all zoning requirements and asked Mr. Broyles about the building plans. Mr. Broyles stated that the building would be constructed of a combination of stucco and masonry over a steel frame structure and the building would be an earth tone color. Councilman Wood asked Mr. Broyles if everything is compliant to the South Cobb Overlay District and Mr. Broyles stated that the plans meet the criteria. Mayor Bacon asked if anyone from the Church was present and no one was present. Councilman Wood made a motion to approve the building permit request for the construction of a 10,000 square foot Church located at 4000 King Springs Road and Councilman Hawkins seconded the motion. Mr. Smith questioned if the parking was adequate and Mr. Broyles stated that the plans are adequate. Mr. Hildebrandt stated that there would be no curb cuts on South Cobb Drive. Motion was approved 7-0. BID AWARDS: (A) Bid Award #99007 Public Works Software. Councilman Scoggins stated that bids were sent to three vendors and only one vendor, OUR TOWN 2000, offered software that would meet the needs of the Public Works Department. Councilman Scoggins made a motion that the bid for the Public Works computer software be awarded to OUR TOWN 2000, the low bidder meeting specifications, for a total cost of $31,200. Councilman Newcomb seconded the motion. Motion was approved 7-0. (B) Bid Award #2004-0004 an Addition to the Existing Public Works Building. -- Councilman Scoggins stated bids were sent to six vendors with four vendors responding. Councilman Scoggins made a motion that the bid for the addition to the existing Public Works Building be awarded to Wayco Construction, the low bidder meeting specifications, for a total cost of $24,582.00. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of the February 7, 2000 Minutes. (B) Approval to use Contract Unit Pricing for Water Main Loop on Concord Circle. (C) Approval to Request Bids for the Removal of Asbestos in the Former City Library Building. (D) Approval to Request Bids for the Demolition of the Former City Library Building. (E) Approval to Request Bids for the Required Replacement of Breathing Apparatus-Fire Department. (F) Approval to Use Council Chamber on Wednesday, February 23, 2000 for a Ward 6 Neighborhood Meeting (Vinings Forest Homeowners Association) from 6:30 p.m. to 10:00 p.m. (G) Approval to use Council Chamber on Tuesday, February 22, 2000 for a Ward 4 Homeowners meeting from 6:30 p.m. to 10:00 p.m. Councilman Lnenicka made a motion that the Consent Agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0 ..... COMMITTEE REPORTS: Councilwoman Capilouto thanked everyone for their thoughts and gifts during her illness. Mayor Bacon thanked Councilwoman Capilouto and welcomed her back. Councilwoman Capilouto stated that cushions for the chamber benches have been ordered. Councilman Newcomb introduced Mr. Robin Broyles who provided the statistics on estimated building costs and building permits for the month of January . 4 February 21,2000 Councilman Scoggins introduced Mr. Scott Stokes who thanked everyone in the Public Works Department for their assistance with the ice storm clean up. Mr. Stokes stated that he has applied for reimbursement for the overtime hours the City incurred as a result of the ice storm. Mayor Bacon thanked Mr. Stokes for his hard work and asked when the work would be complete, and Mr. Stokes said that it might take about three more weeks. Councilman Scoggins stated that he is receiving phone calls about the good work that the department of Public Works is doing and asked when the leaf pickup would be complete. Mr. Stokes said that he plans to extend leaf pick up through March. Councilman Scoggins introduced Ms. Kirk and commended her for the tree dedication and arboretum ceremonies on Saturday, February 19. Ms. Kirk stated that she has received many calls regarding more tree donations and looks forward to the future dedication ceremonies. Ms. Kirk thanked Steve Ciaccio, Susan Hunt and Jennifer Bennett for their assistance. Ms. Kirk also thanked Councilman Scoggins and Councilman Wood for their kind words at the ceremony. Ms. Kirk wished Mr. Brissey a speedy recovery. WIIII1 Councilman Hawkins stated that the budget schedules have been distributed and plans are to submit a budget to Council for approval and adoption in June. Councilman Hawkins stated that many citizens have called regarding the speed bump on Dunn Street. Mr. Hildebrandt stated that both this speed bump and a new speed bump on Dunn Street should be corrected and completed within a week. Councilman Hawkins stated that the meeting approved on the Consent Agenda for tomorrow night is for the residents Memory Lane regarding the Collier Road zoning request. Councilman Cramer introduced Mr. Chris Corey who announced the current job openings for the City of Smyrna. Councilman Cramer wished Mr. John Teasley a speedy recovery. Councilman Lnenicka introduced Fire Chief Larry Williams who also commended the Public Works for their work in the ice storm clean up and stated that the deadline for debris clean up for citizens is March 10. Chief Williams also stated that there will be two burn days for ice storm debris which are Saturday, March 4th and Saturday, March 11 th and reminded citizens to follow all precautions while burning. Chief Williams also presented the Council with the Annual Report of the Fire Department. ..." Councilman Lnenicka stated that there will be a Vinings Forest Homeowners Association meeting on Wednesday. February 23 at 7:00 p.m. Councilman Wood introduced Ms. Jennifer Bennett who reviewed the Miss Jonquil Pageant and reminded everyone to look for the City of Smyrna Calendar of Events in the Marietta Daily Journal. Councilman Wood introduced Mr. Michael Seigler who stated that the tax preparers will be in the library every Wednesday from 12:00 noon to 8:00 p.m. and they will prepare your taxes for free electronically. Mr. Seigler also discussed the future display of the Campbell High School Art Program and reminded the Council that there is a trivia Contest every week for 10 weeks and congratulated Councilman Wood who won the trivia contest last week. Councilman Wood introduced Mr. Steve Ciaccio who highlighted the 1999 year end statistics. SHOW CAUSE HEARINGS (A) Show Cause Hearing- Alcoholic Beverage Violation- Five Points Food Store -1649 Roswell Street. Agent: Y ousaf Shaikh Mr. Smith stated that on December 21, 1999 the Smyrna Police Department conducted a sting operation in which an 18 year-old informant was sent into the Five Points Food Store and purchased a 22-ounce Budweiser Beer from the store clerk without being asked for any identification. The store clerk was charged with alcohol sales to a minor and the case will be heard by the Smyrna Municipal Court on March 8, 2000. WIll City Attorney Scott Cochran administered the oath to the persons who would be speaking on this issue. Officer Hegwood stated that the Smyrna Police Department visited 8 establishments on December 21, 2000 during a sting operation in order to see if the establishment would sell 5 February 21, 2000 .. alcohol to a juvenile under 21 years of age and three of the eight did sell alcohol to a minor. He said that the 18 year-old purchased a 22-ounce of Budweiser Beer using official City funds from the Police Department. The Police Department issued citations to Mr. Man Bahadur Simha and photographed him. Mayor Bacon asked if the store clerk asked for any type of identification and Officer Hegwood replied no. Mayor Bacon questioned as to why the sting operation was performed, and Officer Hegwood stated that the Police Department conducts a sting operation at least once a year to verify that establishments are in compliance with City ordinances and that a responsibility of the Street Crimes Unit is to verify that establishments do not sell alcohol to minors. Mayor Bacon asked if an under age person reported this establishment as a place for minors to purchase alcohol and Officer Hegwood replied yes. However, all of the establishments visited were not the ones that the minor submitted. Councilman Scoggins verified with Officer Bennett that sting operations are performed yearly. Councilman Scoggins asked if this establishment had been visited for the past three years and Chief Hook said that probably this location had been hit three or four times before. Councilman Cramer asked if the 18-year-old had sufficient documents to prove he was under 18 and Officer Bennett answered that the informant had a citation with his birth date. Councilman Hawkins asked if the Police Officers were able to witness the purchase and Officer Bennett said that he accompanied the informant when he visited the store and was able to see and hear the actions of both the informant and store clerk. -- Mr. Y ousaf Shaikh stated that he thinks the City of Smyrna is doing a good job to enforce City Ordinances and that he does his best to train his employees. Mr. Shaikh stated that this is his first offense since 1996 and he apologizes for his employees' actions. Mr. Shaikh said the employee stated that he was in a hurry and forgot. Mr. Shaikh stated that the employee has a permit and is scheduled to appear in Court on March 8, 2000 and as soon as the employee appears in Court he will be terminated. Councilman Scoggins stated that he believes that Mr. Shaikh will do a reputable job and stressed the importance to establishments to not sell alcohol to individuals who are under legal age. Mr. Shaikh stated that he would do his best to check identification but can not be at the store every minute. Mayor Bacon asked Mr. Shaikh what he plans to do in the future to eliminate the sale of alcohol to minors and Mr. Shaikh suggested a City Ordinance that states that any individual purchasing alcohol must present identification and felt this would deter under age alcohol purchases. Mr. Shaikh stated repeatedly that he could not control his employees when he is not there. Councilman Newcomb stated that the report stated that the clerk told the informant to be careful because the police are outside and that he feels like the clerk was aware of what he was doing. Councilman Scoggins stated that even though the clerk is the one who erred, Mr. Shaikh is responsible. Councilman Scoggins made the motion that the alcoholic beverage license at 1649 Roswell Street for Five Points Food Store be suspended for five days effective February 21, 2000 at midnight so that the first available day to sell alcohol is Monday, February 28,2000 and placed on a five year probation. Councilman Newcomb seconded the motion. Councilman Newcomb stated that he felt that this is an appropriate penalty and it will become stricter on the next violation. Motion was approved 6-0 (Councilwoman Capilouto was away during the vote.) (B) Show Cause Hearing-Alcoholic Beverage Violation-Ray's Package Store(One Stop Package)-1055 Windy Hill Road. Agent: Ramin R. Torabi Mr. Smith stated that this establishment was also visited during the December 21, 1999 sting operation and that the Police Department sent an 18 year old into Ray's Package Store (One Stop Package )-1055 Windy Hill Road and he purchased one pint of Corona Beer from the store clerk without being asked for identification. The case will be held at the Smyrna Municipal Court on March 8, 2000. Mr. Smith stated that this is the second offense for this location. ... City Attorney Scott Cochran administered the oath to the persons who would be speaking on this issue. Officer Bennett stated that he and Officer Hegwood visited this location on December 21, 1999 at approximately 5:05 p.m. with an 18-year-old informant who was sent inside the store with official funds from the Smyrna Police Department where he purchased one pint of Corona Beer. The store clerk, Mr. Ali Torabi, did not ask the 18 year-old informant for identification. Officer Bennett stated that this location was one of establishments that an 18 year-old had indicated sold to him on a regular basis. Officer Bennett stated that Mr. R. Torabi told the Police Department that the under age minor did visit Ray's Package Store on a regular basis and had provided a Mexican identification card that shows the minor to be 21 years old. Mayor Bacon asked if a Mexican identification is a formal type of identification and Officer Bennett said that the Mexican identification must accompany a passport to be official. Councilman Hawkins asked if the Police Officers were able to witness the purchase and Officer 6 February 21,2000 Bennett said that he had a visual on the informant as he visited the location and was able to see the actions of both the informant and store clerk. Officer Bennett stated that the informant had a citation that provided the 18-year-olds age. Councilman Hawkins stated that according to state law, acceptable identification must include a picture. Mr. R. Torabi stated that his establishment checks identification on a regular basis and this informant had produced a green card that had the informant's birth date on it. Councilman Hawkins asked Mr. R. Torabi if he was saying that the informant had a fraudulent green card and if so, this matter needs to be investigated. Mr. R. Torabi stated that he did not deny the charges in any way and Mr. A. Torabi is his father. Councilman Hawkins stated that this is Mr. R. Torabi's second offense and Mr. A. Torabi was also the clerk in the first offense. Councilman Newcomb questioned if Mr. A. Torabi asked for identification from the informant on December 21, 1999 and Mr. R. Torabi stated that Mr. A. Torabi did not require identification this time but had asked for identification in the past when this person had cashed checks in his store. Mr. R. Torabi stated that he does not know if this person has purchased liquor in his store before. Councilman Hawkins stated that since this is the second offense while on probation; the penalty is more severe. Councilman Hawkins made a motion to suspend the retail alcohol license for Ray's Package Store at 1055 Windy Hill Road for thirty days beginning at midnight on February 21, 2000 with a new five year probation period beginning at midnight on February 21,2000. Councilman Scoggins seconded the motion. Councilman Hawkins suggested that Mr. R. Torabi seriously explain the ordinance to his father, Mr. A. Torabi. Mayor Bacon reminded Mr. R. Torabi that there are many types of fake identifications. Mr. R. Torabi stated that in the future he would be separating check cashing from alcohol purchases. Motion was approved 6-0 (Councilwoman Capilouto was absent during the vote.) WIII1 Councilman Newcomb asked for the officers to acknowledge the establishments that did not sell alcohol to the under age informant and Officer Bennett read the following business: 1. Fina Mart on Old Concord Road across from the Arbors at Hickory Lake. 2. Busy Bee Package Store located at Five Points. 3. Conoco Station on Concord Road at North Cooper Lake Road. 4. The Oasis Package Store on South Cobb Drive in front of Concord Village. 5. J and J's Package on Spring Road. Mayor Bacon thanked County Solicitor, Barry Morgan for remaining for the entire meeting. Mr. Morgan reminded everyone to watch Dateline NBC, Tuesday, February 22, 2000 as they are featuring a case that was tried in Cobb County State Court in 1997. WIII1 Mayor Bacon thanked Reverend Hammond for attending the entire Council Meeting and invited everyone to visit Mt. Zion Baptist Church. ADJOURNMENT With no further business, the meeting adjourned at 9:20 p.m. ..." 7 February 21, 2000 ~ CHARLENE CAPILO ~~, J.L RON NEWCOMB, WARD 2 ... ~ ~~L~~ .. ...