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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.