09-05-1989 Regular Meeting (2)September 5, 1989
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on September 5, 1989at 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 absent due to a
death in the family. Also present was City Administrator John Patterson, City
Clerk Melinda Dameron, City Attorney Charles E. Camp, City Engineer Mike
Hutchinson, Public Works Director Vic Broyles, Fire Chief Larry Williams,
Personnel Director Jane Sargent, Acting Police Chief Kent Sims, Parks and
Recreation Director Sherry Reavis, Finance Director Emory McHugh, Community
Relations Director Kathy Barton, Library Director Laurel Best, Communications
Director Steve Ciaccio and representatives of the press.
Invocation was given by York Chambless, retired pastor of Trinity Baptist
Church followed by the pledge to the flag.
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A preliminary report was submitted from former Mayor Harold Smith on the
results of meetings with the Cobb County Historic Tourism Committee and the
Montgomery Research Consultants on behalf of the City, with suggestions of
several sites for walking and driving tours.
A proclamation was read and presented to representatives from Brown
Elementary School promoting PTA Membership Day.
CITIZENS INPUT•
PUBLIC HEARINGS:
Nothing to report.
(A) Variance request - side yard setback at 2711 Ivanhoe Lane.
John Patterson said that Mr. Donald E. Gorman is requesting a variance to
reduce the side yard setback from 10 to 4.9 feet for a garage at his home.
The existing 10 x 10 metal building will be removed with a new 12 x 16 wooden
building being placed on the existing concrete slab. Letters were submitted
from the adjoining property owners stating they had no objections and there
was no opposition from the audience.
Mr. Gorman said he was just replacing the old metal building with a new,
slightly larger one in the same location for storage of tools, garden
equipment. With little discussion, Jack Shinall made a motion the variance be
approved as requested. Kathy Jordan seconded the motion which carried 6-0.
(B) Variance request - garage addition exceeding maximum size at 3097 Dunn
Street.
John Patterson said that Steve Ransbotham has requested a variance to build a
24 x 24 garage which exceeds the maximum size allowed by city code. Mr.
Ransbotham's home is approximately 1700 square feet and the code allows an
accessory building to be no more than 25% than that of the primary structure.
There was no opposition.
Mr. Ransbotham said their home has no basement, with very little attic or
closet space for storage. This building would house their cars and provide
room for the storage room they need. The building will meet all setback
requirements and their lot is the largest on the street, with 140 feet
frontage. Letters were also presented from the adjacent property owners
stating they had no opposition to the variance.
Jim Hawkins made a motion the variance be approved as requested. John Steely
seconded the motion which carried 6-0.
(C) Management change - liquor, beer and wine pouring - Red Lobster, 2579
Cobb Parkway.
John Patterson stated that Helen Yvonne Kutch has made application to act as
the new agent for Red Lobster Restaurant. The police investigation was
favorable and there was no opposition from the audience.
Ms. Kutch said she has been employed by Red Lobster for 17 years, originally
in Marietta and then was transferred to Smyrna 7 years ago. Ms. Kutch said
she understood she would be held responsible for any infractions and had
previously held the license in her name at the Marietta location. Ms. Kutch
said she also had read our ordinance and was familiar with them.
September 5, 1989 meeting - continued
Wade Lnenicka questioned Ms. Kutch at length about her responsibilities as
the licensee and after further discussion, Mr. Lnenicka made a motion the
transfer be approved. Bill Scoggins seconded the motion which carried 6-0.
FORMAL BUSINESS:
(A) Appointment to Civil Service Board.
Jim Hawkins made a motion that J. Donnie Byrge be reappointed to the Civil
Service Board for a 6 year term. Mr. Byrge is the Mayor and Council appointee
to this Board. Bill Scoggins seconded the motion which carried 6-0.
(B) Appointment to Parks and Recreation Commission
Wade Lnenicka made a motion Mr. Peter Correa be reappointed to the Parks
Commission representing Ward 2. Kathy Jordan seconded the motion which
carried 6-0.
(C) Bid opening - motorcycles.
Bids for motorcycles for the Police Department were opened, read and recorded
as follows:
Harley Davidson of Atlanta $6,198.00 - 1990 XRT
Metro Atlanta Cycle Sales $6,850.00 - 1989 Kawasaki
Earl Small Harley-Davidson $6,250.00 - 1990 XRT
John Steely made a motion the bids be turned over to the Police Committee for
their recommendation back to full council at the next meeting. Kathy Jordan
seconded the motion which carried 6-0.
(D) Bid opening - trailer mounted detour light.
Bids for a trailer mounted detour light were opened, read and recorded as
follows:
Maxwell Hitchcock No bid
EEE Equipment No bid
DBJ, Inc. $4,366.00
Jack Shinall made a motion the bids be turned over to the Public Works
Committee for award, provided the bid meets specifications. Kathy Jordan
seconded the motion which carried 6-0.
(E) Bid opening - JD 510C loader/backhoe
Bids for a new loader/backhoe were opened, read and recorded as follows:
Flint Equipment
Metropolitan Tractor
Forest Services, Inc
$68,000.00 - John Deere 510C
$10,000.00 - trade in allowance
$64,900.00 - John Deere 510C
+ 1,100.00 - freight
$11,000.00 - trade in allowance
$66,210.00 - John Deere 510C
$10,000.00 - trade in allowance
Jack Shinall made a motion the bids be turned over to the committee for their
recommendation back to full council for award at the next meeting. Jim
Hawkins seconded the motion which carried 6-0.
(F) Bid opening - jet vac 810C
Bids for a new jet vac 810C were opened, read and recorded as follows:
Samson Equipment $165,906.00
Jet Vac, Inc. $129,979.00
R. A. Phelps, Inc. $144,092.50
Adams Equipment $111,947.00
Jack Shinall made a motion the bids be turned over to the Public Works
Committee for their recommendation back to full council for award at the next
September 5, 1989 meeting - continued
meeting. Kathy Jordan seconded the motion which carried 6-0.
(G) Bid opening - brake lathe
Bids for a new brake lathe were opened, read and recorded as follows:
Chix Auto Parts $4,222.00
Jack Shinall made a motion the bid be turned over to the Public Works
Committee to award the bid provided it meets specifications. Jim Hawkins
seconded the motion which carried 6-0.
(H) Approval to work Saturdays and Sundays at Highlands Park - Tolar
Construction Company.
Tolar Construction did not have a representative present and John Steely made
a motion the request be denied. Bill Scoggins seconded the motion which
carried 6-0.
(I) Approval to create S.W.A.T. team in Police Department.
John Patterson said funds are not presently available to create a S.W.A.T.
team but training is necessary for implementation and approval could be given
tonight for the training program which will take 8 to 12 months for
completion.
Captain Bill Hayes of the Smyrna Police Department presented the proposal for
a S.W.A.T. team. This would be a voluntary program similar to the EMT program
in the Fire Department. The training, which could be provided by the City of
Atlanta or Cobb County, would help our officers deal with high risk
situations that may be life threatening. There were initially 31 officers to
sign up for the program and after the physical training, has narrowed down to
14 participating. There will be some special equipment needed after the
initial training program including shields, vests, etc. but they were not
prepared to present a projected cost.
John Steely made a motion approval be granted for the Police Department to
proceed in creating a S.W.A.T. team with funding to be discussed and approved
at a later date. Wade Lnenicka seconded the motion which carried 6-0.
DTn ALTADTIC.
(A) Computer upgrade equipment
Jim Hawkins made a motion the bid for the computer upgrade equipment be
awarded to DP Enterprises, the low bid at $20,630.62. Jack Shinall seconded
the motion which carried 6-0.
(B) Portable stage equipment
Bill Scoggins made a motion the portable staging be awarded to Wenger
Corporation, the low bidder at $3,430.00. John Steely seconded the motion
which carried 6-0.
COMMERCIAL BUILDING PERMITS:
CONSENT AGENDA:
Nothing to report.
(A) Approval of minutes: 8/7/89, 8/10/89, 8/21/89
(B) Approval to request bids - computer equipment for Fire Department
(C) Approval to request bids - Fire Department uniforms
(D) Approval of resolution authorizing execution of lease with Downtown
Development Authority
Wade Lnenicka made a motion the consent agenda be approved. Jim Hawkins
seconded the motion which carried 6-0.
COUNCIL INPUT: John Steely said our Police Department will soon be receiving
a dog trained to detect drugs thanks to the efforts of Larry Wood, one of our
uniformed officers.
Kathy Jordan said our Fire Department recently received their license
certifying them as a first response unit.
Bill Scoggins reported on activities in the Parks and Recreation Department
and Kathy Barton reported on Clean City Committee activities.
Wade Lnenicka gave a library report.
With n siness, meeting adjourned at 8:34 p.m.
D�
A. MAX BACON, MAYOR MELI1JD`A DAMEFPN,I
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WADF/LNENICKA. WARD 2 .
September 18, 1989
The regular scheduled meeting of Mayor and Council was held September 18,
1989 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock
p.m. by presiding officer Mayor Protem Jim Hawkins. All council members were
present. Also present was City Administrator John Patterson, City Clerk
Melinda Dameron, City Attorney Charles E. Camp, Finance Director Emory
McHugh, Parks and Recreation Director Sherry Reavis, Library Director Laurel
Best, Community Relations Director Kathy Barton, Personnel Director Jane
Sargent, Fire Chief Larry Williams, Acting Police Chief Major Kent Sims,
Engineer Mike Hutchinson and representatives of the press.
Mayor Protem Hawkins announced that Mayor Bacon was attending the National
League of Cities Policy Leader's Seminar in Chicago.
Invocation was given by John Patterson, followed by the pledge to the flag.
CITIZENS INPUT:
Nothing to report.
Kathy Jordan presented the Jonquility Award plaque to outgoing Clean City
Commission member Robert Orange with her appreciation for serving in this
capacity.
PUBLIC HEARINGS:
(A) Privilege license - beer and wine package sales at South Cobb Amoco,
3402 South Cobb Drive.
John Patterson stated that Leila G. Jackson has applied as license holder for
this location. This matter has been before council on two previous occasions,
presented with Robin Kim Jackson as license holder. The background
investigation was favorable but there were some concerns with the distances
and how they were measured. There was a large group in opposition.
Waymon Lunsford, Chairman of the Board of Deacons of Sharon Baptist Church
was sworn in representing the opposition along with Leila G. Jackson.
Rob Flournoy represented Leila Jackson and stated that prior submitting this
application he had read very carefully the alcoholic beverage ordinance
before having the survey prepared. Mr. Flournoy said the ordinance is in two
parts; one says that the structure of the licensee must be 300 feet from the
church structure itself and there is another section that says it must be 200
feet to the property line; that is 200 feet from the center door of customer
entry of the convenience store to the property line on which the church is
located. City Engineer Mike Hutchinson had informed him that he was in error
in his interpretation. Mr. Flournoy said the application utilized by the City
clearly states on item (B) of the check list on the front page that churches
should be 200 feet from the property line. Mr. Flournoy reminded council of
the oath they had taken to uphold the ordinance without fear or favor and