05-15-1989 Regular MeetingMay 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 this is a free market society that we live in and when you
reach a certain level, almost anything can be bought for a price. Wade
Lnenicka and Bill Scoggins both stated that at some point in previous
conversation with different people on Sunset, they have indicated a
willingness to sell.
Jack Shinall said council never entered into this project considering
condemnation but if the City does make considerable progress in acquiring the
property need and there are still 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. Camp, 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 Unit to a private room.
Invocation was given by M. Lee Ross, pastor of King Springs Baptist Church
followed by the pledge to the flag.
CITIZENS INPUT: Jack Miles from Smyrna Bank & Trust presented a check for
$15,000 to the 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 Robinson 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
e
will 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 15, 1989 meeting - continued
(B) Home occupation license - Government Refund Processing, 1273 Daniel
Drive
John 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 locate people who are due refunds from HUD
or FHA by mail and then processes their application. Everything is 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 said that Jerry D.Brown, acting as agent for the owners of
this property are requesting a variance to erect a sign which would total 180
square feet, 60 square feet over maximum allowed by code.
Mr. Brown said they were requesting the variance 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) Variance - side yard setback at 4261 Ridgehurst Drive.
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.
Mr. Eubanks said the steps leading off the deck do not meet side yard
requirements but the house itself is not in violation. The deck is 12 1/2
feet from the ground and because of the height, the owners had requested the
stairs come off the side and not the rear. This home sold for $300,000 and a
letter was also provided from the adjacent property owner stating he had no
objections to the variance.
Wade Lnenicka made a motion 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 said at the last meeting he appointed Jack Hamlin to serve on the
Planning and Zoning Board, but due to a job conflict he would be unable to
serve. Bob Davis made a motion the appointment be tabled to June 5, 1989.
Jack Shinall seconded the motion which carried 6-0.
(B) Amendments to FY89 budget
John Patterson said the FY89 budget needs to be amended to properly reflect
transactions which have transpired during the third quarter of the budget
year. These adjustments will properly match actual expenditures to budgeted
expenditures and provide uniformity of budgeted amounts with financial
statements.
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 to 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.
PROPOSAL AWARDS:
(A) Auditing services for 1989-90-91.
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 Certificate 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. Jim
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:
CONSENT AGENDA:
Nothing to report.
(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 agenda be approved. Kathy Jordan
seconded the motion which carried 6-0.
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 & Trust again for funding the new traffic
light at Concord and Brown Circle. Jim said several years ago the caution was
placed at the intersection thanks to the help of Wit Carson who was then the
county commissioner.
Jim Hawkins encouraged everyone to sign up for the Arthur T. Bacon Golf
Tournament May 20-21 at Fox Creek.
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 revitalization.
May 15, 1989 meeting - continued
John Patterson introduced Clark Courtner who will be working on his
internship this summer with the City.
With no .further business, meeting adjourned at 8:19 p.m.
The Mayor and Council met again in executive session following their regular
meeting at 8:25 p.m. with Gordon Mortin from Lex Jolley & Associates. A
motion was made, seconded and unanimously approved that council go into
executive session to discuss refunding a portion of the Series 1984 Bonds to
obtain a lower interest rate.
Jim Hawkins made a motion a portion of the 1984 Series Water and Sewer
Revenue Bonds be refunded as recommended, for a net savings of $242,773.75.
Bill Scoggins seconded the motion which carried 6-0.
With no further business, meeting adjourned at 8:45 p.m.
A. MAX BACON, MAYOR
Z�/ L" —
BOB BETENBAUGH, WARD 7
May 22, 1989
A special called meeting of Mayor and Council was held May 22, 1989 at Smyrna
City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding
officer Mayor A. Max Bacon. All council members were present except for Bob
Davis and Bob Betenbaugh. Also present was City Administrator John Patterson
and City Attorney Charles E. Camp.
Gordon Mortin with Lex Jolley & Associates stated the interest rates are down
at this time and made the refinancing of the 1984 Water and Sewer Revenue
Bonds very attractive. The arbitrage regulations have been rewritten and will
not allow investing of the cushion funds. We have lost about $70,000 because
of the new regulations and by approving the Bond Purchase Agreement, the City
would save over $200,000.
Jim Hawkins made a motion the Mayor be authorized to execute the Bond
Purchase Agreement for $3,510,000. Jack Shinall seconded the motion which
carried 6-0.
With no rt business meeting adjourned.
A. BACON, MAYOR
oe
C^� n
BOB BETENBAUGH, WARD 7