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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. f 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 I -w-1 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