May 15/22, 1989 Council Meeting
May 1, 1989 meeting - continued
Jim Hawkins seconded the motion which carried 6-0.
The Mayor
his family
and Council urged everyone to
in their prayers because he is
remember Bob
_in serious
Jim Hawkins made a motion the rules be suspended to consider an item not on
the agenda. Jack Shinall seconded the motion which carried 6-0.
Jim Hawkins said a recent survey of other cities indicates that our salaries
for our appointed Boa~d members is low and made a motion the salaries of our
Pl",nning and Zoningi3.nd Civil Service Board members be increased from $20.00
per meeting to $30.00 per meeting. Kathy Jordan seconded the motion which
carried 6-0.
Mayor Bacon reminded everyone of Smyrna Night at the Braves game, July 24th
and with no fur her business, meeting adjourned at 9:39 p.m.
A. MAX BACON, MAYOR
BOB BETENBAUGH, WARD
May 15, 1989
The Mayor and Council met
Hall at 7:05 p.m.
Betenbaugh. Also
Administrator John
W. stolz, representing the
in special session on May 15, 1989 at Smyrna Ci_-ty
council members were present except for Bob
was City Attorney Charles E. Camp, City
City Clerk Melinda Dameron and Attorney Irvin
property owners on Sunset Avenue.
Kathy Jordan
discuss with
develqpment
motion which
made
Mr.
of the
carried
council go into executive session to further
proposed property acquisitions on Sunset for
Center and Library. Jim Hawkins seconded the
Mayor Bacon told they had asked him here tonight to find out
exactly what the on Sunset Avenue expect from the City in
terms of the stolz said that simply stated, they would like
things to are. They do not want to sell their property and in
the 4 or 5 meetings he has had with them, there has not been one person who
has indicated that they would sell for a higher price. Mr. Stolz said they
did react favorably to the City's second option of the bookend approach, by
building around them and leaving their homes and businesses in tact.
Mr. Camp said there may some significant changes from what the alternate
plans they had seen which would probably entail closing off one end of their
street. Mr. stolz said he did not think that would adversely affect them and
in a meeting they had just 45 minutes earlier, it was still their desire to
maintain their property.
Mr. why the question of condemnation always came up,
never mentioned condemnation. Mr. Stolz said when they
represent the group they asked about their rights, and
also r'ights of the City. He informed them that the City did have the
right condemnation if it was in the best interest of -the community. They
keep coming back to that question because that is what they fear the most.
Mr. Stolz sa'id he would talk with them again tonight and assured council they
would hear no further talk of condemnation from the property owners.
Mayor
when
May 15, 1989 meeting - continued
Mayor Bacon said council is committed to building the community center and
library as well as cleaning up the entire downtown area and we still_ hope we
can reach an agreement with the people on Sunset. Jack Shinall also said if
the City does not take the lead in the revitalization, the downtown area will
decay and it will never take place.
Mr. Camp reminded Mr. Stolz that if the City does choose an alternate plan
and the owners on Sunset Avenue do not participate in the revitalization that
there will be some very stringent developmental controls in the downtown area
that must be adhered to and they need to be made aware of that.
Mr. Stolz said
reach a certain
Lnenicka and Bill
conversation with
willingness to sell.
this is a free market society that we live in and when you
level, almost_ anyth.ing can be bought for a price. Wade
Scoggins both stated that at some point in previous
di.fferent people on Sunset, they have indicated a
Jack Sh.inal_l. said council never entered into this project considering
condemnation but if the City does make considerable progress in acquiring the
proper-ty need and there are st.ill a very few people who will not consider our
offers, then he would vote to condemn.
Mr. Stolz said he thought if the people affected felt they had some input
into what is going on they might be more receptive. If there is an alternate
plan they need to know about it. Also, the City needs to explain the
architectural controls to them as well as any proposed changes or closing of
the road.
The executive session adjourned at 7:28 p.m.
********************
The regular scheduled meeting of May 15, 1989 was called to order at 7:30
o'clock p.m. by Mayor A. Max Bacon. All council members were present except
for Bob Betenbaugh. Also present was City Attorney Charles E. Cmnp, City
Administrator John Patterson, City Clerk Melinda Dameron and representatives
of the press.
Mayor Bacon stated Bob Betenbaugh is still at Kennestone Hospital, but has
been moved from the Intensive Care Uni.t_ to a private room.
Invocation was given by M. Lee Ross, pastor of King Springs Baptist Church
followed by the pledge to the flag.
Jack Miles from Smyrna Bank & Trust presented a check for
5,000 to City to pay for the new traffic signal on Concord Road at
Brown Circle thanks to the efforts of the City, Janice Repasky from Brown
Elementary and Bonnie Rob.inson with the Brown Elementary PTA. Jim Hawkins
accepted the check on behalf of the City and expressed his appreciation.
DEPARTMENT REPORTS:
Laurel Best reported on library activities.
PUBLIC HEARINGS:
(A) Home occupation license - Allison Advertising, 470 Rebecca Lane.
John Patterson said that Mr. Jack Allison has requested a license for his
occupation of an artist or painter. If granted, the surrounding area should
not be adversely impacted and there will be no additional traffic or other
indication of business being conducted there. Signatures were obtained from
residents within the 300 foot radius of his home and there was no opposition
from the audience.
Mr. Allison said he has done quite a bit of art work for the City and did not
realize he needed a license. Business is promoted by word of mouth and there
wil_l be no advertising or traffic at his home. Mr. Allison said he also
understood this would be a privilege license, subject to revocation if there
are any complaints from his neighbors.
Jim Hawkins made a motion the license be approved. Wade Lnenicka seconded the
motion which carried 6-0.
May l5, 1989 meeting - continued
(B)
Drive
Home occupation
Government Refund Processing, 1273 Daniel
license
Patterson said Ms. Virginia Handelman has requested a license for light
office duties at her home on Daniel Drive. Work will be handled strictly by
mail and Ms. Handelman is requesting the license to allow her to supplement
her income following retirement. Signatures were obtained from the residents
within the 300 foot radius as required and there was no opposition from the
audience.
Ms. Handelman said she attempts to loca.te people who are due refunds from HUD
or FHA by mail and then processes their application. Everything j_s done by
mail and her leads come from HUD and FHA. Mr. Handelman said she understood
that this is a privilege license and would be reviewed at the end of each
year before being considered for renewal.
Jim Hawkins made a motion the license be approved. Bob Davis seconded the
motion which carried 6-0.
(C) Variance square footage of sign for Heilig-Myers & Blockbuster Video,
2900 South Cobb Drive.
John Patterson that
this property are
square feet, 60 square feet
Jerry D. Brown, acting as agent for .the owners of
a variance to erect a sign which would total 180
over maximum allowed by code.
Mr. Brown said they were requesting the varj_ance because the building sits at
the very back of the property and visibility is poor because of the limbs
overhanging the road. Also, they would like to be able to utilize the
existing pylons for their new sign.
Jack Shinall made a motion the variance be tabled to the next meeting to
allow the Community Development department to make their recommendation and
report on the visibility. Jim Hawkins seconded the motion which carried 6-0.
(D)
side yard setback at 4261 Ridgehurst Drive.
Var.iance
John Patterson said Tom Eubanks is requesting a variance of 4 feet to allow a
deck and stairs off the side of the house at 4261 Ridgehurst Drive. There was
no opposition.
steps leading off the deck do not meet side yard
house itself is not in violation. The deck is 12 1/2
because of the height, the owners had requested the
the side and not the rear. This home sold for $300,000 and a
provided from the adjacent property owner stating he had no
variance.
Mr. Eubanks said
requirements but
feet from the
stairs come off
l_etter was also
objections to the
Wade Lnenicka made a mot.ion the a 4 foot variance be approved as shown on the
plat presented. Jim Hawkins seconded the motion which carried 6-0.
FORMAL BUSINESS:
(A)
Appointment to Planning and Zoning Board
Ward 1.
Bob Davis
Planning and
serve. Bob
Jack Shinall
meeting he appointed Jack Hamlin to serve on the
but due to a job conflict he would be unable to
motion the appointment be tabled to June 5, 1989.
motion whj_ch carried 6-0.
(B) Amendments to FY89 budget
John Patterson said the
transactions which have
year. These adjustments
expenditures and provide
statements.
FY89 budget needs to be amended to properly reflect
transpired during the third quarter of the budget
will properly match actual expenditures to budgeted
uniformity of budgeted amounts with financial
Jim Hawkins said the list of budget adjustments will be available at city
Hall. for public inspection and made a motion they be approved as submitted.
Kathy Jordan seconded the motion which carried 6-0.
(C) Approval to write off 1986 and 1987 personal property taxes.
May 15, 1989 meeting - continued
John Patterson said there are a number of businesses that no longer exist and
the City has no recourse for collecting delinquent 1986 and 1987 personal
property taxes. These taxes, totaling $6,586.33 need to be written off since
they are uncollectable. Many of these are very small amounts and it would not
be cost effective for the City T_O pursue collection.
Jim Hawkins made a motion the personal property taxes totaling $6,586.33 for
1986 and 1987 be written off with the understanding that these business not
be allowed to operate again until the delinquent amount is paid. Jack Shinall
seconded the motion which carried 6-0.
(A) Auditing services for 1989-90-91.
PROPOSAL AWARDS:
John Patterson stated proposals for auditing services were received from 9
very good firms and the Finance Committee had reviewed those and recommended
the firm of Peat-Marwick based upon their experience in governmental
accounting. One of the principals of the firm has been instrumental in
helping other municipalities receive the Certif.icate of Achievement award we
are seeking and is also a member of the selection committee.
Jim Hawkins said the low proposal was from Williamson & Company at $31,080
with the highest proposal coming from Price Waterhouse at $122,535. LJim
Hawkins made a motion the proposal from Peat Marwick at $48,900 for the three
year term be accepted. Kathy Jordan seconded the motion which carried 6-0.
COMMERCIAL BUILDING PERMITS:
Nothing to report.
CONSENT AGENDA:
(A) Approval to purchase property:
Atlanta Street: 2794, 2796
Sunset Avenue: 1210
Bank street: 1235
Hamby Street: 2789
Fuller Street: 2677, 2701
Jim Hawkins made a motion the consent
seconded the motion which carried 6-0.
agenda be approved. Kathy Jordan
RECORDERS COURT APPEALS:
(A) At the request of John Franklin Mann, Bob Davis made a motion the appeal
be continued to the first meeting in June. Wade Lnenicka seconded the motion
which carried 6-0.
(B) John Patterson said the appeal by Heather McClellan had been withdrawn
earlier tonight, and no action was taken.
COUNCIL
INPUT:
Everyone wished Bob Betenbaugh continued progress in his
recovery.
Wade Lnenicka reported that the first week the STEP unit worked the Creatwood
Subdivision they had written 53 warnings and 21 citations. Mr. Lnenicka said
he appreciated the good job they are doing and hopes they will continue.
Bill Scoggins reported on parks activities in the absence of Bob Betenbaugh.
Jim Hawkins thanked Smyrna Bank
light at Concord and Brown Circle.
placed at the intersection thanks
county commissioner.
& Trust again for funding the new traffic
Jj_m said several years ago the caution was
to the help of Wit Carson who was then the
Jim Hawkins encouraged everyone
Tournament May 20-21 at Fox Creek.
to
sign up
for the Arthur T. Bacon Golf
Mayor Bacon said he had the opportunity last week to help with the demolition
of some of the old buildings on Atlanta Road next to City Hall, which is the
beginning of the downtown revital_ization.
Courtner who will be working
City.
on his
adjourned at 8:19 p.m.
********************
following their regular
Mortin from Jolley & Associates. A
unanimously approved that council go into
a portion of the Series 1984 Bonds to
Water and Sewer
of $242,773.75.
which
further
adjourned at:. 8: 45 p. m.
May 22# 1989
and Council was held May 22, 1989 at Smyrna
to order at 7:30 o'clock p.m. by presiding
council members Were present except for Bob
was City Administra-tor John Patterson
made
Associates stated the interest rates are down
of the 1984 Water and Sewer Revenue
regulations have been rewritten and will
funds. We have lost about $70,000 because
the Bond Purchase Agreement, the City
the Mayor be authorized to execute the Bond
510,000. Jack Shinall seconded the motion which
adjourned.