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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 4- Ve;o, "0:;-, Q W"�� A. MAX BACON, MAYOR MELINDA DAMENN,n CITY 'WARDE HAWKINS, ,/ I F"OKSJORDAN, WP�b 6 l�;