04-01-1991 Regular MeetingApril 1, 1991
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on April 1, 1991 at 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. Also present was City
Administrator John Patterson, City Clerk Melinda Dameron, City Attorney
Charles E. Camp, Fire Chief Larry Williams, Personnel Director Jane Mears,
Public Works Director Vic Broyles, City Engineer Ken Hildebrandt, Parks and
Recreation Director Sherry Reavis, Police Chief Stan Hook, Community
Relations Director Kathy Barton, Library Director Laurel Best, Communications
Director Steve Ciaccio, Finance Director Emory McHugh and representatives of
the press.
Invocation was given by David Autry, pastor of Faith United Methodist Church
followed by the pledge to the flag.
CITIZENS INPUT: John Lee, a resident of North Thomas Lane stated he knew it
was budget time and hoped that serious consideration could be given to a
millage decrease this year. Mr. Lee said he had surveyed other cities and
Smyrna is the highest tax district in the county. Mr. Lee was told that if it
all possible, we would certainly be willing to reduce the millage rate if we
did not have to sacrifice services.
Don Lillie stated that Lillie Glassblowers is co -sponsoring a 5 mile bike
ride on April 20th during the Spring Festival and challenged the Mayor and
Council to participate. The ride will begin at 1st American Bank at 9:00 a.m.
Jim Hawkins .read a proclamation for Community Development Block Grant Week,
April 1-7, 1991.
Bill Scoggins read a proclamation for Keep America Beautiful Month, and
presented it to Kathy Barton.
Kathy Jordan read a proclamation for Sexual Abuse Awareness Month, to be
mailed to the Coalition Against Sexual Abuse for Children.
John Steely read a proclamation for National Telecommunications Week, April
14-20, 1991 and presented it to Steve Ciaccio.
PUBLIC HEARINGS:
(A) Variance request - side yard setback at 3531 Dunn Street
John Patterson stated that Mr. C. J. Parker is requesting a variance to
reduce the side yard setback from 10 to 6 feet for an attached garage. Also,
he is requesting a variance to allow an accessory structure in the rear yard
for his boat and motor home. There was no opposition.
Mr. Parker said he wanted to add an attached double enclosed garage with
covered patio area for his vehicles and would also need a separate accessory
building in the rear yard for his boat and motor home. One corner of the
attached garage will encroach into the setback but will actually be 8.5 feet
from the line instead of 6 feet. Mr. Parker said the two homes to the rear of
his are in the County and they also have similar accessory structures. There
is a drainage easement in the rear yard and Jim Hawkins said he wanted Mr.
Parker to know that if, for some reason, the City was required to work on the
easement the building may have to be removed.
After further discussion, Jim Hawkins made a motion the variances be approved
as requested. Bill Scoggins seconded the motion which carried 6-0.
(B) Privilege license - package liquor, beer and wine sales - South Cobb
Package, 2415 South Cobb Drive
John Patterson stated that Marie Halaweh is requesting a new license for this
location to sell packaged liquor, beer and wine. This is a previously
licensed location but the owners did not renew their 1991 license. The police
investigation was favorable and there was no opposition.
Kathy Jordan asked Mrs. Halaweh if she knew the previous owners did not
reapply for 1991. Mrs. Halaweh said she knew they had not reapplied because
their license was under suspension and she believed it was for selling to a
minor. Mrs. Halaweh said they have lived in Cobb County for 5 1/2 years and
have read and understand the ordinances. She and her husband will run the
April 1, 1991 meeting - continued
store and there will be no other employees for the time being. Their plans
are to have a small grocery store with beer and wine sales on one side, with
liquor in the other side of the building. If the grocery store is opened on
Sunday, the other side would be closed off. Jack Shinall stated he was
concerned with the sale of liquor in a convenience store and suggested this
application be tabled until we can determine whether or not it is legal.
Kathy Jordan made a motion the application be tabled to the next meeting.
Jack Shinall seconded the motion which carried 6-0.
FORMAL BUSINESS:
(A) Bid opening - 1991 resurfacing projects
Bids for resurfacing were opened, read and recorded as follows:
Stewart Brothers $512,909.05
Apac $505,421.75
Bankhead Paving $516,939.35
Able Asphalt $582,434.00
Baldwin Paving $504,856.83
C. W. Matthews $485,272.14
Jack Shinall made a motion the bids be turned over to the Public Works
Committee for their recommendation back to full council at the next meeting.
Kathy Jordan seconded the motion which carried 6-0.
(B) Appointments to Downtown Smyrna Development Authority
Upon the recommendation of Mayor Bacon, Wade Lnenicka made a motion the
following members be re -appointed to the Downtown Development Authority for a
one year term.
Hubert Black
Alton Curtis
C. J. Fouts
Jim Pitts
Willouise Spivey
Jimmy Wilson
Charles "Pete" Wood
Kathy Jordan seconded the motion which carried 6-0.
(C) Approval of retainer agreement with Malcolm J. Hall
John Patterson stated that Malcolm J. Hall is an attorney specializing in
labor relations and will be able to provide assistance to the City in this
field when the need may arise.
Jim Hawkins said at the advice of our city attorney, we are asking for
approval of the retainer fee of $300 per month for the next 9 months. The
retainer will give us 4 hours per month and hopefully, Mr. Hall's assistance
will help to keep us out of court. He .is eminently qualified in all aspects
of labor law. Mr. Hawkins made a motion the retainer agreement be approved
for a 9 month period. Jack Shinall seconded the motion which carried 6-0.
BID AWARDS: Nothing to report.
COMMERCIAL BUILDING PERMITS:
CONSENT AGENDA•
Nothing to report.
(A) Approval to request bids for pavilion and tables/Rose Garden Park
(B) Approval to advertise for abandonment and closing of dead end portion
of Foster Street
(C) FY91 budget adjustment - Police Department personnel
(D) Request bids to equip fire engine for fire station #4
(E) Approval to close Highlands Parkway May 4th and July 13th for soap box
derby
(F) Approval of C.D.B.G. project list - water looping
(G) Approval of travel policy
(H) Approval of March 18, 1991 minutes
(I) Approval of change order #2 - J. A. Jones Construction
April 1, 1991 meeting - continued
Jim Hawkins made a motion that items (A) through (G) be approved. Wade
Lnenicka seconded the motion which carried 6-0.
Jim Hawkins made a motion that item (H), the minutes of March 18, 1991 be
approved as submitted. Kathy Jordan seconded the motion which carried 5-0
with Jack Shinall abstaining.
Wade Lnenicka made a motion that item (I), change order #2 for J. A. Jones
Construction be approved. Jim Hawkins seconded the motion which carried 4-2
with Jack Shinall and John Steely opposed.
COUNCIL INPUT: Wade Lnenicka gave a library report and stated that Corrine
Schulzke was moving out of the City but had agreed to continue to serve as
President of the Friends of the Library through her term.
Mr. Lnenicka said the new Jane Lyle Road is complete and a turn lane is
proposed for southbound traffic on Atlanta Road; hopefully to be done this
week.
Mr. Lnenicka said we still do not have a definite answer from the County on
the road improvement projects. That will be brought up with the County by the
Mayor and we will continue to press them for dates so that those projects
will not be forgotten.
Mr. Lnenicka said he did not have a definite date yet on the drainage
improvement work on the creek in Creatwood Subdivision but we hope to do it
soon.
Sherry Reavis presented a trophy from the SAA Girls 10 and under age group
for coming in second in the State GRPA tournament. Sherry reported on other
activities in the Parks Department.
Kathy Barton gave a report from Community Relations and stated this Saturday
we should have between 200 and 250 volunteers along Atlanta Road and South
Cobb Drive picking up litter, as part of our annual clean-up.
Jim Hawkins said that for several months we have been studying the problems
at the intersection of Wisteria/Brentwood and South Cobb Drive. We had
requested a wig -wag light there and finally received a response to the State
that we do not meet their 800 foot sight distance requirement. As an
alternative, we will be placing reflectors behind the red lights to make them
brighter and more visible from a greater distance.
Mr. Hawkins also cautioned citizens of a group of people posing as asphalters
and offering to resurface their driveways for a very low price with leftover
materials, and then later demanding payment of a large sum of money. Several
people in the Lee Street area have been approached.
Jack Shinall said the City was very fortunate to have sustained little damage
last week when tornadoes touched down in the area.
Kathy Jordan said that on Wednesday night, we would have our first rookie
school graduation for firefighters. Twelve new recruits have completed their
training.
Mrs. Jordan said she has also received quite a number of complaints about the
short turn lane on Windy Hill Road at South Cobb and apparently quite a few
tickets have been written for entering the lane too soon. Hopefully when
Jones Shaw is widened, this problem will be alleviated.
Steve Ciaccio reminded residents that they should tune in to a local
television or radio station during inclement weather rather than dial 911.
Mayor Bacon said the town hall meeting last week was a big success and over
200 people attended. It was an open forum which gave our citizens the
opportunity to express any complaints or concerns they may have had.
With no further business, meeting adjourned at 8:45 p.m.
April 1, 1991 meeting - continued
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A. MAX BACON, MAYOR MELINDA DAMENN,n CITY
'WARDE HAWKINS,
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F"OKSJORDAN, WP�b 6
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