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11-20-89 council minutes November 20, 1989 The regular scheduled meeting of Mayor and Council was held November 20, 1989 at Smyrna City Hall. The meeting was called to order at 7: 30 0' clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present except for Jack Shinall who was out of town on business. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Melinda Dameron, Public Works Director Vic Broyles, Fire Chief Larry Williams, Personnel Director Jane Sargent, Librarian Laurel Best, Parks and Recreation Director Sherry Reavis, Communications Director Steve Ciaccio, Finance Director Emory McHugh, City Engineer Mike Hutchinson and representatives of the press. Invocation was given by York Chambless, retired minister of Trinity Baptist Church followed by the pledge to the flag. CITIZENS INPUT: Senator Hugh Ragan commended the Mayor, Council and city staff for the outstanding job they did in responding to the crash of the Navy A 7 Corsair at the Pine Village Apartments on Windy Hill Road, November 9th. Senator Ragan said he had heard many good comments from our citizens and felt they should be commended for their efforts. Judge Robert Flournoy represented the Cobb Historical Society to present their book entitled The First 100 Years. This is the only existing complete history of Cobb County and an additional 1,000 books have been printed for resale at $40.00 each. Proceeds will go towards the restoration of the William Root home, built in 1826 and believed to be the oldest structure in Cobb County. Laurel Best presented computer system is cataloging. a new library card to Mayor Bacon and reported that the new operational and handles everything from circulation to Mayor Bacon stated that last Thursday night, a Navy A7 Corsair plane crashed into the Pine Village Apartments on Smyrna Roswell Road. There were two lives lost and we were very fortunate that there weren't other fatalities. Mayor Bacon commended city personnel and said he was very proud of them and also presented certificates of appreciation to other businesses and public service agencies that assisted in rescue efforts. RECORDERS COURT APPEAL: Helen Diane Border was not present and upon the recommendation of Solicitor Mike Whaley, John Steely made a motion the appeal be dismissed for failure to appear. Kathy Jordan seconded the motion which carried 6-0. PUBLIC HEARINGS: (A) Privilege license management change - Smyrna Oakdale Moose Lodge, 3780 South Cobb Drive. John Patterson stated that William Frank Ketterer is applying as Moose Lodge pouring license and will also be the manager there. opposition from the audience and the police investigation was favorable. agent for the There was no Mr. Ketterer said he had been with the Moose Lodge since 1972 and they are transferring the license due to a change of bar managers. John Steely said there have been no problems at this 'Location and with little discussion, made a motion the transfer be approved as requested. Wade Lnenicka seconded the motion, which carried 6-0. (B) Variance request - rear yard setback on Lot 8, Vinings Glen Subdivision John Patterson stated that Georgia Federal Bank had foreclosed on this unfinished home when financing was not approved and they need a reduction of the rear yard setback from 30 to 20 feet. This is a cul-ale-sac lot and the configuration of the lot makes it-: difficult to position the house to meet setback requirements. There was no opposition. Wade Lnenicka said he had met with Louis Matthews of Georgia Federal Bank and they will meet the homeowners who will be affected by this variance tomorrow night. Meanwhile they have agreed to table the variance until the next meeting. Wade Lnenicka made a motion the variance request: be tabled to the December 4, 1989 meeting. Bob Davis seconded the motion, which carried 6-0. FORMAL BUSINESS: (A) Amendments to FY90 budget John Patterson said the FY90 budget should be amended to account encumbrances, FY89 fund balance designations and to operating transfers necessary to offset the costs of paying architectural fees for the new library and community center. for June 30, 1989 budget for those purchasing land and Jim Hawkins made a motion the amendments be approved as submitted. Wade Lnenicka seconded the motion, which carried 6-0. November 20, 1989 meeting - continued (B) Validate signatures to annex property at Dixie Avenue and Hillside Drive Attorney Camp read the legal description for annexation of .5 acres at Dixie Avenue and Hillside Drive as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) of the owners of the land area by acreage, as described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of laws of the State of Georgia, said property being annexed being described as follows: All that tract or parcel of land lying and being in Land Lot 491 of the 17th District, 2nd Section, Cobb County, Georgia, and being known as Lots 15 and 16, Belmont Park Subdivision as per plat made by W. W. McCullock, Civ. Eng., November 1, 1927, a copy of which plat IS recorded in Plat Book 3, Page 69, Records of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the corner formed by the northeastern side of Dixie Drive with the southerly side of Hillside Drive running thence southeasterly along Dixie Drive 100 feet to Lot 14 of said plat, thence easterly along the line dividing Lots 15 and 14 a distance of 200 feet to Lot No. 77, thence northwesterly along the west line of Lot 77, 100 feet to the southerly side of Hillside Drive, thence west along the right of way of Hillside Drive 200 feet to the point of BEGINNING. This being the same property conveyed to Grantor herein by Warranty Deed dated April 16, 1979, executed by Joanne Hall and recorded in Deed Book 1994, Page 539, Cobb County Records. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the record titleholders of the land described above: s/ROBERT C. DAVIS Kathy Jordan made a motion the signature be validated and the public hearing set for December 18, 1989. John Steely seconded the motion, which carried 6-0. (C) Amendments to Sedimentation and Erosion Control Plan John Patterson said the Georgia Soil and Water Conservation Commission has amended the Erosion and Sedimentation Act of 1975 and all permitting authorities must adopt the revised plan in order to maintain certification. Bob Davis made a motion that the Sedimentation and Erosion Control Plan be amended by deleting Sections 19-1 through 19-10 of the Code of Ordinance and replacing with the revised sections. Jim Hawkins seconded the motion, which carried 6-0. (D) Bid opening - lighting at Tolleson Park Bids for the lighting of Tolleson Park basketball courts were opened, read and recorded as follows: Wylie & Lighting Cont. Wylie, $6,720 Inc. AAA $6,800 Lynn Electrical $6,992 Bill Scoggins made a motion the bids be turned over to the Parks Committee for their recommendation back to full council December 4th. John Steely seconded the motion, which carried 6-0. (E) Bid opening - truck chassis for 12-foot flat dump truck Bids for a new truck chassis for the Public Works Department were opened, read and recorded as follows: Fouts Brothers Days Chevrolet $27,767 No bid Kathy Jordan made a motion the bid be turned over to the Public Works Committee for review with a recommendation back to full council. Jim Hawkins November 20, 1989 meeting - continued seconded the motion, which carried 6-0. (F) Bid opening - hot water steam cleaner Bids for a hot water steam cleaner opened, read and recorded as follows: for the Public Works Department were Zep Manufacturing Company $2,400 Wade Lnenicka made a motion the bid be turned over to the Public Works Committee for their recommendation back to council at the next meeting. Jim Hawkins seconded the motion, which carried 6-0. (G) Bid opening - rescue truck for Fire Department Bids for the new Fire Department rescue truck were opened, read and recorded as follows: Days Chevrolet Ingram Truck Mfg. Co. Fouts Brothers no Did $11,993 (body only) $37,434 $34,973 (1988 model) Kathy Jordan made a motion for their recommendation seconded the motion, which the bids be turned over to the Fire Committee back at the next meeting. Wade Lnenicka carried 6-0. (H) Adoption of revised 1990 business license fee schedule Jim Hawkins made a motion the revised fee schedule be tabled to the December 4th meeting to give our local merchants and businesses an opportuni ty to review the proposal. John Steely seconded the motion, which carried 6-0. BID AWARDS: (A) Traffic study. Bob Davis made a motion the traffic study be awarded to RBA Group, the low bidder at $14,863.25. Wade Lnenicka seconded the motion, which carried 6-0. Mr. Davis said Cobb County has also agreed to reimburse the City for up to $15,000 to have this study completed. (B) Vehicle for Community Development Bob Davis made a motion the bid for a Development department be awarded to Steely seconded the motion, which carried new vehicle in Wade Ford at 6-0. the Community $10,959. John (C) Vehicle for utility Services Department Jim Hawkins made a Services Department motion the bid be awarded to for Days a new vehicle Chevrolet the for the utility low bidder at $13,000. Wade Lnenicka seconded the motion, which carried 6-0. (D) Vehicle for Fire Department Kathy Jordan made a motion the bid for a new Department be awarded to Wade Ford for $14,129. the motion, which carried 6-0. vehicle in Jim Hawkins the Fire seconded COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Approval to purchase property: 1255 Sunset Avenue 2683/2685/2691 Fuller Street 1307/1309 W. Spring Street Jim Hawkins made a motion the consent agenda be approved. Kathy Jordan seconded the motion which carried 6-0. SHOW CAUSE HEARINGS: Circle K Convenience Store, 1828 Spring Road Captain Ted Kirby of the Smyrna Police Department was sworn in along with Officer L. M. Wood, Store Manager Shawn Gibson, Robert Smith (one of the minors charged with possession of alcoholic beverages), District Manager Curtis Moore, licensee Lloyd E. N. Hall and Attorney Larry White. Officer Wood stated that on November 1st he observed three males hiding behind bushes in a wooded area along Elmwood Street. When he got out of his car they fled on foot, leaving a 12 pack of Old Milwaukee beer but were apprehended several minutes later. They were highly intoxicated and two of the males were 17 years of age and the other was a juvenile. Officer Wood said they admitted purchasing the beer from Circle K and also provided a description of the clerk who sold it to them. Captain Kirby said the two 17 year olds were issued citations for minors in possession and the 16 year old was turned over to the juvenile authorities. He then went back to the store where the clerk admitted selling to the young men. She was charged for selling to an underaged person and last week forfeited her bond in the amount of $200 in Smyrna Recorders Court. After hearing all testimony, Jim Hawkins made a be suspended for 30 days , effective at 12: 01 a.m., Scoggins seconded the motion, which carried 6-0. motion the license November 21st. Bill Mom & Pop's Family Food Store, 1687 Smyrna Roswell Road Clerk/ owner Mohamedali S. Hudda was sworn in with the licensee, John Cory. Captain Kirby stated that on November 8th, he sent a 20-year-old white male into Mom & Pop's Food Store where he purchased a six-pack of Budweiser from Mr. Hudda, after checking the drivers License and thinking the date of birth was 1967 rather than 1969. Captain Kirby later entered the store and advised Mr. Hudda he had just sold to an underaged person and that a state day. Captain Kirby said it was the to his knowledge, there had been no warrant would be issued the same first time to check this store and complaints about them. Mr. Hudda said he did ask for identification but had left his glasses at home and after reading the date twice, thought the date of birth was 1967 instead of 1969. Mr. Hudda said it is his policy to always check identification, regardless of the age appearance. After further discussion, Jim Hawkins made a motion the license be suspended for 15 days since Mr. Hudda did check the identification and felt he made an honest mistake. Bill Scoggins seconded the motion, which carried 6-0. COUNCIL INPUT: Appreciation was expressed by everyone on council for the community involvement and outpouring of help, and for the outstanding job done by city employees following the plane crash last week. Special appreciation was given to John Patterson who coordinated rescue efforts with Cobb County, City of Marietta, Dobbins Air Force and others. Wade Lnenicka said Cobb County has approved an audit of the 1% Option Sales Tax money that was collected and they will make results public. Mr. Lnenicka congratulated them for taking that step. Local those John Steely reported that the Bennett Woods Garden Club would have their annual tour of homes December 3rd from 1:00 to 6:00 p.m., tickets $6 each. With no further business, meeting adjourned at 8:58 p.m.