04-16-1990 Regular MeetingApril 2, 1990 meeting - continued
Jack Shinall also expressed his appreciation for the turn signals and
commended the efforts of the group who picked up litter along Concord Road
over the weekend.
John Steely reported that today Post Properties had donated $1,250 towards
clothing and equipment for the Police Department SWAT team. The City now has
a crime hot line number which allows citizens to report any information they
may have concerning a crime. The information is confidential and the caller
does not have to identify himself.
Mayor Bacon reminded everyone that the groundbreaking for the Community
Center and Library would be April 17th at 11:00 a.m. on Sunset Avenue. Mayor
Bacon also said the City is planning a special day for Brian Oliver when he
returns to Atlanta.
Sherry Reavis reported on parks activities and Kathy Barton gave an update on
the Jonquil Festival plans.
With no fu he business, meeting adjourned at 8:10 p.m.
i
II
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JAMES M. HAWKINS, WARD 4
KATHY BROOKS JORDAN, WARD 6
April 16, 1990
The regular scheduled meeting of Mayor and Council was held April 16, 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 Jack Shinall who was out of town on business. Also present was City
Administrator John Patterson, City Clerk Melinda Dameron, City Attorney
Charles E. Camp, Parks and Recreation Director Sherry Reavis, Library
Director Laurel Best, Police Chief Stan Hook, Finance Director Emory McHugh,
Public Works Director Vic Broyles, Fire Chief Larry Williams 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: Claudia Eisenburg and Corinne Schulzke invited everyone to
attend the first Friends of the Library group meeting scheduled for May 4th
at 7:30 p.m.
Sue Brissey complained of litter inside Tolleson Park and wanted to know why
it was not kept in better condition. Bill Scoggins said that over the last
two months the Parks Department has lost one park ranger, another has had
medical problems and the Parks Department has had to relocate from one
building to another. Mr. Scoggins asked Mrs. Brissey to be patient, these
problems would be taken care of.
Wade Lnenicka read a proclamation "For the Love of Children" and Mayor Bacon
presented it to Optimist Club members.
Jim Hawkins read a proclamation for "Better Hearing and Speech Month" and
Mayor Bacon presented it to Kadyn Williams and Beth Haile from Audiological
Consultants of Atlanta, Inc.
PUBLIC HEARINGS:
April 16, 1990 meeting - continued
(A) Package license management change - Majik Market, 2610 Cobb Parkway
John Patterson said that Ernest Alton Park, Jr. has applied as the new agent
for the beer and wine package license for Majik Market. The Police
investigation was favorable and there mas no opposition.
Mr. Park stated he was the State District Operations Manager for Majik Market
and as the license holder, understood he would be the person responsible for
any violations. Mr. Park stated the previous licensee, Mr. Walburn, is no
longer with the company. Wade Lnenicka questioned Mr. Park about their
employee training and Mr. Park stated that Majik Market has an on -going
training program including a 4 hour TAMS program which they follow up with
their own sting operations. Their policy is that all customers are carded
regardless of the appearance of age. If any employee fails to card a
customer, they are terminated. Out of about 80 sting operations, there was
only one store that failed to card their buyer.
After further discussion Bob Davis made a motion the license be approved.
Wade Lnenicka seconded the motion which carried 6-0.
(B) Package license management change - Majik Market, 1166 Concord Road
There was no opposition and Jim Hawkins- made a motion the beer and wine
package license for this location be approved for Ernest Alton Park. John
Steely seconded the motion which carried 6-0.
(C) Package license management change - Majik Market, 901 Windy Hill Road
There was no opposition and Jim :Hawkins made a motion the beer and wine
package license for this location^be approved for Ernest Alton Park. Kathy
Jordan seconded the motion which carried 6-0.
(D) Variance - Wendy's, 4932 South Cobb Drive - request for off premise sign
The applicant, John Goss was not present and John Steely made a motion the
variance be tabled to the next meeting. Bob Davis seconded the motion which
carried 6-0.
(E) Annexation - 3.021 acres at Atlanta Road and Ridge Road
John Patterson stated that Paul C. Wilgus, Vice President of Cochran
Properties has requested annexation of this property located at the southwest
corner of Ridge and Atlanta Road. The application was read at the March 19th
meeting and the public hearing notice}advertised.
There was no opposition and Mr. Lee Goodson represented the applicant. Mr.
Goodson presented a rendering of a typical development they were considering
for this property including a convenience store, food store or day care
center. Mr. Goodson said they were requesting the annexation because they had
been very pleased with the cooperation they had received in the past and
looked forward to working with the City again on this development. The
property is currently zoned PSC (Planned Shopping Center) and will be annexed
as General Commercial under the City's zoning classification which is the
nearest equivalent classification.
After discussion, Wade Lnenicka made a motion the property be annexed to
become a part of Ward 2. Jim Hawkins seconded the motion which carried 6-0.
(F) Approval to close and abandon Sunset Avenue
John Patterson said as a part of the downtown redevelopment, Sunset Avenue
will no longer exist and the roadway must be formally closed and abandoned by
council.
There was no opposition and Bill Scoggins made a motion that Sunset Avenue be
closed and abandoned from Atlanta Road to Hamby Street. Wade Lnenicka
seconded the motion which carried 6-0.
FORMAL BUSINESS:
(A) Set date to hear appeal of Recorders Court - Mandy C. Bowling
April 16, 1990 meeting - continued
John Steely made a motion the appeal by Mandy C. Bowling be set for the May
7th council meeting. Jim Hawkins seconded the motion which carried 6-0.
(B) Validation of signatures to annex Oakdale Road property in Land Lots 683
and 684
Attorney Camp read the application to annex property on Oakdale 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 areaannexed into the City of Smyrna under
the provisions of laws of the State of Georgia, said property being described
as follows:
All that tract or parcel of land lying,and being in Land Lots 683 and 684 of
the 17th District, 2nd Section, Cobb County, Georgia and being more
particularly described as follows:
BEGINNING at a point on the eastern right of way line of Oakdale Road where
it intersects with the south right of way of Southern Railroad and running in
a southwesterly direction along the eastern right of way of Oakdale Road a
distance of 755 feet more or less; thence leaving said right of way line and
running southeasterly a distance of :325 feet more or less; thence north a
distance of 250 feet more or less to the north line of Land Lot 684; thence
running east along the north line of Land Lot 684 a distance of 321 feet more
or less to the corner formed by the intersections of Land Lots 683, 684, 685
and 686; thence north along the east land lot line of Land Lot 683 a distance
of 695 feet more or less to the south right of way of Southern Railroad;
running thence in a westerly direction along the right of way of Southern
Railroad a distance of 290 feet more or less to the point of beginning.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 600 of the record title holders of the land
described above: s/DORIS CASH PRUITT, EMMA L. DAVIS, SAM LAWRENCE, FRANK
FARRIS
John Steely made a motion the petition be validated and the public hearing
date set for May 7, 1990. Jim Hawkins seconded the motion which carried 6-0.
(B) Validation of signatures to annex Mighty Casey's, Spring Road at
Hargrove Road
Attorney Camp read the application 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 847 of the 2nd
Section, 17th District, Cobb County, Georgia and being more particularly
described as follows:
BEGINNING at a point marked by a drill hole set in the top of a concrete
catch basin at the intersection of the northwesterly right of way of Spring
Road, a 100 foot right of way, with the northeasterly right of way of
Hargrove Road, a variable right of way being 40 feet from the centerline of
the existing road at this point, said point of beginning being a point on a
curve to the left having a radius of 1638.31 feet, a chord bearing of north
37 degrees 05 minutes 13 seconds west and a chord distance of 97.14 feet;
thence along said curve and right of way of Hargrove Road an arc distance of
97.15 feet to a point; thence continuing along said right of way north 38
degrees 47 minutes 08 seconds west a distance of 102.85 feet to a point;
thence departing said right of way north 53 degrees 56 minutes 32 seconds
east a distance of 168.05 feet to an iron pin set; thence south 37 degrees 58
minutes 17 seconds east a distance of 200.04 feet to an iron pin set on the
April 16. 1990 meeting - continued
aforesaid right of way of Spring Road; thence along said right of way of
Spring Road, south 53 degrees 58 minutes 03 seconds west a distance of 168.09
feet to the 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/RANDY KRAUSE, QUICK TRIP CORP. & JERRY SENEKER, OLD
FASHION FOODS, INC./
Bob Davis made a motion the petition be validated and the public hearing set
for May 7, 1990. John Steely seconded the motion which carried 6-0.
(D) Bid opening - tire machine
Bids for a new tire machine were opened, read and recorded as follows:
Doug Duggan, Inc. $5,769.00
Pro Equipment, Inc. $5,932.50
Kathy Jordan made a motion the bids be turned over to the committee to award
the low bid meeting specifications. Jim Hawkins seconded the motion which
carried 6-0.
(E) Validation of signatures to annex 2.3 acres at Atlanta Road and Jane
Lyle Road
Attorney Camp read the application 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 742 of the 17th
District, 2nd Section, Cobb County, Georgia and being more particularly
described as follows:
BEGINNING at a point on the southerly right of way line of Jane Lyle Road (50
foot right of way), said point being 482.08 feet easterly from the
intersection of the northeasterly right of way line of South Atlanta Road
(right of way varies); thence following the southerly right of way line of
Jane Lyle Road easterly 384.00 feet to a point; thence leaving said right of
way line, run southerly 384.00 feet to point; thence running in a westerly
direction 117.00 feet to a point; thence running in a northwesterly direction
21.98 feet to a point; thence continuing in a northwesterly direction 261.73
feet to a point; thence continuing in a northwesterly direction 205.03 feet
to the south right of way line of Jane Lyle Road and the point of beginning.
Said parcel containing approximately 2.3 acres of land as shown on a compiled
plat for Post Atlanta, Ltd. by Planners and Engineers Collaborative dated
April 11, 1990.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 60% of the electors resident in the annexed
area: s/THOMAS A. BALES
Wade Lnenicka made a motion the petition be validated and the public hearing
set for May 7, 1990 subject to the applicant signing the petition on the
correct line as property owner. John'Steely seconded the motion which carried
6-0.
BID AWARDS:
(A) Community Center/Library
Mike Sizemore with Sizemore Floyd presented the tabulated bids opened April
12th for the new community center and library. Bids were received from four
companies with J. A. Jones the apparent low bidder as shown below:
Batson Cook $9,260,000
BCB Contractors $9,109,000
April 16, 1990 meeting - continued
J.A. Jones $8,770,000
Winter Const. $9,430,000
Mr. Sizemore said he recommended that council also accept alternates #1, #3
and #6 which would bring the total bid price of J. A. Jones to $8,890,400. J.
A. Jones Company is 100 years old and one of the top 10 contractors in the
United States. Mr. Sizemore said he recommended the bid be awarded to J. A.
Jones for $8,890,400 pending successful contract negotiations. They have
already confirmed that they see no difficulty with completing on schedule and
there is a $2,000 per day penalty clause,in the contract.
After further discussion, Jim Hawkins made a motion the construction bid for
the new community center/library be awarded to J. A. Jones at their total bid
price of $8,890,400 subject to successful contract negotiations. Bill
Scoggins seconded the motion which carried 6-0.
COMMERCIAL BUILDING PERMITS:
CONSENT AGENDA:
Nothing to'report.
(A) Approval to block Bank Street for Spring Festival, April 28th
(B) Approval of FY90 budget amendments
(C) Approval of State Grants project list
(D) Approval of CDBG project list
Bob Davis made a motion the consent agenda be approved. Jim Hawkins seconded
the motion which carried 6-0.
COUNCIL INPUT: John Steely said we have had 5 or 6 people to accept an
appointment on the Annexation Committee task force and we are also taking
applications for a full part-time position to work on annexations.
Chief Stan Hook reported that two arrests were made last night following a
burglary at Dunkin Donuts and last, week the uniform patrol division
apprehended three burglars. Also, Officer Sam Slover is still in the hospital
following his motorcycle accident with one of the Shriner's at the Jonquil
Parade last Saturday.
Sherry Reavis reported on the Arts and Crafts Festival scheduled for April
28th on Bank Street.
Bill Scoggins commended Kathy Barton for the good job she did in organizing
the Jonquil Parade. Kathy Barton reported on the other activities scheduled
for the remainder of the month as part of the Jonquil Spring Festival.
Bill Scoggins stated that on April 12th, President Bush named the Hands, Feet
and Mouth organization as his 115thdaily point of life and congratulated
Cheryl Bursh and others in the Rose Garden Community who formed this
organization. The Hands, Feet and Mouth organization provides support and
counseling for underprivileged children in their community.
Wade Lnenicka thanked everybody connected with the parade Saturday and wished
Officer Slover the best, as well as the Shriner involved in the accident.
Laurel Best gave a library report and Mr. Lnenicka reminded everybody of the
organizational meeting for the Friends of the Library on May 4th at 7:30 p.m.
here at City Hall and encouraged them to attend.
Mr. Lnenicka stated that on April 25th the Smyrna Library will host the Night
of 1,000 Stars from 7:00 p.m. to 9:00 p.m. in celebration of National Library
Week. Intent is to focus national attention on the importance of family
literacy by hosting a family read aloud by well known persons. Several
special guests will read throughout the evening to an audience of children
and parents.
Mr. Lnenicka congratulated Detective Ed Clack on receiving his Masters degree
in Criminal Justice. Mr. Clack graduated as the top academic student from
Georgia State University's criminal justice program with a 4.0 grade point
average.
Bob Davis asked John Patterson to give a report on the recent meeting at
Argyle School. Mr. Patterson said the Mayor, Bob Davis, Argyle School staff
had met with 3 members of the School Board and it was determined there are 4
April 16, 1990 meeting - continued
or 5 particular projects that could be implemented in the safety area and
those are underway. Additionally, the school board is considering an overpass
walkway in the next bond referendum.
Mayor Bacon said the parade Saturday was the best one we have had and thanked
Bobby Harper for taking part. The Arthur T. Bacon Golf Tournament will be
held May 19 and 20 at Fox Creek Golf Course. Entrance fee is $50 for the
two-day tournament.
Mayor Bacon congratulated Smyrna High School freshman Shane McGill for
winning his third baseball game today against South Cobb.
With no further business, meeting adjourned at 8:47 p.m.
N PA MI-W.4"'4
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WADE LNENICKA, WARD-2
ILL SCOGGINS, WP4UY 3
JACK SHINALL, ftRD 5
HN S ELY, WARD-7