01-15-1990 Regular MeetingJanuary 2, 1990
The first meeting of the new year was held January 2, 1990 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. Also present
was City Administrator John Patterson, City Clerk Melinda Dameron, City
Attorney Charles E. Camp and representatives of the press.
Invocation was given by Bud Abbott, pastor of Smyrna First Baptist Church
followed by the pledge to the flag.
CITIZENS INPUT:
PUBLIC HEARINGS:
Nothing to report.
(A) Annexation of property in LL308, 269, 237 and 236 located at Church Road
at Old Concord Road.
There was no opposition and Jack Shinall made a motion the 66 acres at Church
Road and Old Concord Road be annexed into the City to become a part of Ward
5, the legal description being read and made a part of the minutes of the
December 4, 1989 meeting. Kathy Jordan seconded the motion which carried 7-0.
FORMAL BUSINESS: Nothing to report.
BID AWARDS: Nothing to report.
COMMERCIAL BUILDING PERMITS:
CONSENT AGENDA:
Nothing to report.
(A) Approval of minutes - December 4 & 18, 1989
(B) Approval to request bids for image filing system
Kathy Jordan made a motion the consent agenda be approved. Jack Shinall
seconded the motion which carried 7-0.
COUNCIL INPUT: The Mayor and Council wished everyone a happy and prosperous
New Year and with no further business, meeting adjourned at 7:37 p.m.
A. MAX BACON, MAYOR MELI DAME TY CLERK
BOB AV�S, WARD WADE LNENICKA, WAR 2
BILL S INS, AMES M. HAWKINS, WARD 4
00,
>111ift SHINALL, WARD 5 KATHY BR r
JORDAN, W
JO STE Y, 7
January 15, 1990
The regular scheduled meeting of Mayor and Council was held January 15, 1990
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. Also
present was City Administrator John Patterson, City Clerk Melinda Dameron,
City Attorney Charles E. Camp and representatives of the press.
Invocation was given by York Chambless, retired pastor of Trinity Baptist
Church followed by the pledge to the flag.
CITIZENS INPUT: Mayor Bacon introduced Pascal Servigny from Lorraine,
France, Georgia's sister state. Mr. Servigny is the entertainment director of
Smurfland, the largest theme park in Europe and is here to audition musical
groups to perform there.
January 15, 1990 meeting - continued
PUBLIC HEARINGS•
FORMAL BUSINESS:
Nothing to report.
(A) Validation of signatures to annex property in Land Lot 341 - Church Road
& Old Concord Road
Attorney Camp read the application to annex approximately 2.75 acres in Land
Lot 341, located at Church Road and Old Concord Road 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 341 of the 17th
District, 2nd Section, Cobb County, Georgia and being more particularly
described as follows:
BEGINNING at a point at the northeast corner of the intersection of Old
Concord Road and Church Road and running southeasterly along the east right
of way line of Old Concord Road a distance of 367 feet; thence leaving said
right of way and running west a distance of 484 feet to the west land lot
line of Land Lot 341; thence running north along the west land lot line of
Land Lot 341 a distance of 400 feet to the north right of way line of Church
Road; running thence southeasterly along the north right of way line of
Church Road a distance of 322 feet to the northeast corner of Old Concord
Road and Church Road and point of BEGINNING.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 60% of the record title holders of the land
described above: s/HERBERT A. HEAD, SR.
Jack Shinall made a motion the signature be validated and the public hearing
set for February 5, 1990. Kathy Jordan seconded the motion which carried 7-0.
(B) Approval of residential sanitation fee increase.
John Patterson said that effective February 1st, the County will increase
their tipping fee from $20 to $23 a ton and we must pass this increase on to
the users of our sanitation services. Tipping fees have increased 338% over
the last five years, from $5.25 in 1985 to $23 in 1990. The Public Works
Committee has recommended a $1.00 increase per month for apartments and
single family homes.
Jack Shinall said a major problem of the future will be the expense involved
in providing water, sewer and sanitation services to our customers. We have
already been notified of a 33% increase in sewerage treatment beginning April
1st. Based on the recommendation of the committee, Jack Shinall made a motion
the residential sanitation fees be increased by $1.00 per household per
month, from $10.50 to $11.50 for apartments and $10.00 to $11.00 for single
family detached homes. Jim Hawkins seconded the motion which carried 7-0.
(C) Approval of Parks and Recreation Rules and Regulations.
Bill Scoggins said the Parks and Recreation Rules and Regulations have not
been amended since 1978, except for some minor changes concerning hours of
operation. There are now about three changes that need to be made, primarily
in the area of liability. Bill Scoggins made a motion the Parks and
Recreation Rules and Regulations be adopted as submitted, seconded by John
Steely. Wade Lnenicka said he would support the motion although he did not
agree with the closing times for the tennis courts. Vote on the motion
carried 7-0.
RTn nwnRnC-
(A) Utility Services truck body.
Jim Hawkins made a motion the bid for the utility services truck body be
awarded to Smyrna Truck Bed Body, the low bidder at $3,118. Wade Lnenicka
January 15, 1990 meeting - continued
seconded the motion which carried 6-0, with Bill Scoggins abstaining.
COMMERCIAL BUILDING PERMITS:
(A) The Printing Industry Association of Georgia requested a building permit
for new construction at 5020 Highlands Parkway at an estimated cost of
$490,000. John Steely made a motion the permit be approved. Jack Shinall
seconded the motion which carried 7-0.
(B) Hoaster & Landry requested a building permit for construction of a new
office medical condominium at 3969 South Cobb Drive at a total estimated cost
of $875,000. Wade Lnenicka made a motion the'permit be approved. John Steely
seconded the motion which carried 7-0.
(C) Sid Harris requested a building permit for new construction of a beauty
shop at Roswell Road an Old Roswell Road for Mrs. Levi Day at a total
estimated cost of $60,000. Bill Scoggins made a motion the permit be
approved. Kathy Jordan seconded the motion which carried 7-0.
CONSENT AGENDA:
(A) Approval of Pamela A. Keene Contract
(B) Approval of Carson & Associates Contract
Mayor Bacon said the Carson & Associates contract had been removed from the
agenda until the next meeting. Wade Lnenicka made a motion the contract with
Pamela A. Keene be approved. Kathy Jordan seconded the motion which carried
7-0.
COUNCIL INPUT: John Steely read a letter from the Department of Navy
commending the Smyrna Fire and Police Department members for their assistance
with the plane crash on November 9, 1989.
Jack Shinall said he had been approached again about the temporary emission
control stations that were approved by council several weeks ago. There are
only nine permanent businesses that provide this service in the City and Mr.
Shinall said he supported the temporary licenses because he felt they could
not handle the number of cars that must be inspected.
Bill Scoggins reported on parks activities and with no further business,
meeting adjourned at 7:51 p.m.
A. MAX BACON, MAYOR
BOB DAVIS,
INS, XP�ZD'i'
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kD
S M. HAWKI; i S, WARD 4
y-IXCK SH L,—W 5 KATHY
J HN ST LY, WARD 7
February 5, 1990
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on February 5, 1990 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 who was ill. Also present
was City Administrator John Patterson, City Clerk Melinda Dameron, City
Attorney Charles E. Camp and representatives of the press.
Invocation was given by Grady Love, pastor of Smyrna Presbyterian Church
followed by the pledge to the flag.
CITIZENS INPUT:
John Patterson said the Cobb Chamber of Commerce has sponsored a program that
joins business organizations and schools in a partnership that benefits both.
The City of Smyrna has chosen Rose Garden School to be their partner. Bill
Scoggins read the declaration of partnership and presented it to June
Bentley, Principal of Rose Garden School. Joe Daniel, Chairman of the program
and Phil Sanders with the Cobb Chamber of Commerce expressed their
appreciation to the City for their participation.
Sue Brissey presented a plaque to Eagle Scout Jake Cordle from Troop 573 for
coordinating efforts to make repairs and improvements to the Welcome Grove
Baptist Church on Camp Highland Road in the Smyrna area for his Eagle Scout
project.
Members from the Jessye Coleman Council of Georgia PTA read an open letter to
the Mayor and Council encouraging them to seek alternatives in addressing
solid waste problems.
The Jessye Coleman Council also commended the Cobb Chamber of Commerce for
sponsoring "Give Schools a Hand" program in November 1989 which joined all 18
PTA's from Smyrna and Marietta and presented framed membership cards from all
18 schools to the City with their appreciation for supporting the program.
Kathy Barton presented a plaque to Mayor Bacon for serving as host to the
Smyrna Clean and Beautiful Jessye Coleman Council Solid Waste Symposium on
January 27, 1990.
PUBLIC HEARINGS:
(A) Annexation of 2.75 acres in Land Lot 341 - Old Concord Road @ Church
Road
There was no opposition and Jack Shinall made a motion the 2.75 acre tract at
Old Concord Road and Church Road be annexed into the City and made a part of
Ward 5, the legal description being read and made a part of the minutes of
the January 15, 1990 meeting. John Steely seconded the motion which carried
6-0.
FORMAL BUSINESS:
(A) Appointment to Clean & Beautiful Commission - Ward 3
Bill Scoggins made a motion that Charlie Phillips of 1502 Whitfield Street be
appointed to the Clean & Beautiful Commission. Jack Shinall seconded the
motion which carried 6-0.
(B) Amendment to ordinance - Section 501.12
Wade Lnenicka made a motion the ordinance be amended by deleting the existing
Section 501.12 in its entirety and replacing with the following new section,
which will exclude large parcels from the restrictions placed on accessory
structures by limiting the number and size of accessory buildings.
Section 501.12
Individual parcels five (5) acres or larger shall not be subject to the
aforementioned accessory use restrictions. A maximum of five (5) accessory
structures may be built provided that a minimum distance of 20 feet from any
other structure is maintained and that they shall not be closer than one
hundred (100) feet from any property line. Accessory structures shall not
exceed height limitations established for the zoning district in which they
are built.
Jack Shinall seconded the motion which carried 6-0.
February 5, 1990 meeting - continued
(C) Approval of Resolution and appointment to Community Relations Council
Jim Hawkins read a Resolution to endorse the formation of the Cobb County
Community Relations Council whose goal will be to ensure equal opportunities
toall residents of the county regardless of race, religion, color, national
origin, ancestry, sex, age or physical disabilities and made a motion it be
approved. John Steely seconded the motion which carried 6-0.
Wade Lnenicka made a motion that Sarah Scott be appointed to the Cobb County
Community Relations Council representing the Smyrna area. Kathy Jordan -
seconded the motion which carried 6-0.
(D) Approval of contract - Carson & Associates
John Patterson said Wit Carson has assisted the City in acquisition of
property needed for construction of the new Community Center and Library.
This contract will provide compensation to Mr. Carson for assistance in
acquisition of some of that property.
Jim Hawkins said at the time the original contract was signed with Mr. Carson
there was no mention of commission being paid on condemned property. He came
before the Finance Committee and stated it was his opinion of the contract
that he would be entitled to full compensation to those parcels that were
condemned because of the time involved in trying to reach a voluntary
settlement. The Finance Committee and others felt this was not the case, and
an agreement was sought that would be fair to both sides. The agreement
tonight basically calls for compensation to be paid to Mr. Carson in an
amount of 3% of the appraised value or the Special Masters award, whichever
is lower of the property within the project area which is acquired through
condemnation. This would be in lieu of the 5% that is called for in his
contract approved November 8, 1988. Mr. Carson has also spent a considerable
amount of time in research, project supervision, and coordination and the
City has agreed to pay him a total of $12,636 for those past services.
Jim Hawkins made a motion the amended contract be approved, seconded by Wade
Lnenicka.. Jack Shinall said he would not support the motion because he did
not support the original contract and he felt that adequate compensation has
already been paid. Vote on the motion carried 5-1, with Jack Shinall opposed.
IVA I DWAV,111 !] SIM
(A) Hand held meter reading system
Jim Hawkins made a motion the bid for three hand held meter reading devices
be awarded to Syscon, the mid -price bid at $16,100. These units are
compatible with existing software and have greater capacity. Wade Lnenicka
seconded the motion which carried 6-0.
COMMERCIAL BUILDING PERMITS: Nothing to report.
CONSENT AGENDA:
(A) Approval to request bids - fire helmets
(B) Approval to request bids - pool chemicals
(C) Approval to purchase turn signal - Windy Hill Road @ Village Parkway
(D) Approval of January minutes
(E) Amendments to FY90 budget
(F) Approval to request bids - landscape truck
Kathy Jordan made a motion the consent agenda be approved. John Steely
seconded the motion which carried 6-0.
COUNCIL INPUT:
Wade Lnenicka gave a Library report and said he had received a lot of
favorable comments about our recent newsletter containing information about
the downtown redevelopment.
Jim Hawkins made a motion the rules be suspended to allow a motion to adopt a
Resolution for the Downtown Smyrna Development Authority. Wade Lnenicka
seconded the motion which carried 6-0.
February 5, 1990 meeting - continued
Jim Hawkins stated a Resolution was read earlier tonight by the Downtown
Development Authority to approve the amended and restated Lease Contract
dated September 1, 1989 between the City of Smyrna and Downtown Smyrna
Development Authority to authorize issuance of the Series 1990 Bonds. Jim
Hawkins made a motion the resolution be adopted, seconded by Kathy Jordan.
Ben Watkins with Sutherland, Asbill and Brennan said this Lease Contract was
essentially worded the same as the contract that was already in place, but
was amended to include the 1990 Bonds. Vote on the motion to approve the
Resolution carried 6-0.
Jim Hawkins said we are in the developmental stage of the 1991 budget and the
emphasis will be on holding the line on expenditures.
Jack Shinall said at his last committee meeting a recycling program was
discussed and they are requesting proposals from different agencies for a
pilot program to determine cost and citizen participation.
John Steely reported the construction of sidewalks on Reed Road would start
February 19th.
Mayor Bacon recognized Paul Moore, Carolyn Duncan, Beverly Boyd and Laura
Dingler with the Cobb County School Board.
With no f b s, meeting adjourned at 8:08 p.m.
A. MAX BACON, MAYOR MEL CI CL
BOB DAVIS, W 1
BILL IN
,O�(CK SHINALL, WARD 5
STE WARD 7
February 19, 1990
DI Z I Eel_ .,. _,
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The regular scheduled meeting of Mayor and Council was held February 19, 1990
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. Also
present was City Administrator John Patterson, City Clerk Melinda Dameron,
City Attorney Charles E. Camp and representatives of the press.
Invocation was given by Councilman Jim Hawkins followed by the pledge to the
flag.
Kathy Jordan and Fire Chief Larry Williams presented a plaque to Sue Hancock
in appreciation of her hard work and efforts in the 1989 Christmas Toy
program sponsored by the Fire Department. There were 435 toys distributed to
underprivileged children through this program.
Councilman Wade Lnenicka introduced Frank Kukrle, his cousin from Prague,
Czhechoslovakia. Mr. Kukrle expressed his appreciation to council for their
help with his son and daughter in law when they defected to this country
several months ago. Mr. Lnenicka said the Kukrle's came here last April on a
tourist visa and applied for political asylum which was granted in August. In
the process of coming to this country they had to leave their 2 year old son
behind who has now been reunited with his family. The Kukrle's are now
citizens and residents of Smyrna.
CITIZENS INPUT: Don Grondo of 4900 Hickory Mill Drive expressed his
displeasure with the way his tax dollars are now being spent with the recent
publicity concerning a $100,000 project that was not put out for bids and the
$12,000 paid to Mr. Wit Carson as a bonus.