Loading...
05-06-1991 Regular MeetingMay 6, 1991 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on May 6, 1991 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. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Communications Director Steve Ciaccio, Fire Chief Larry Williams, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt, Police Major Kent Sims, Community Relations Director Kathy Barton, Library Director Laurel Best, Parks and Recreation Director Sherry Reavis, Finance Director Emory McHugh and representatives of the press. Invocation was given by York Chambless, followed by the pledge to the flag. CITIZENS INPUT: Ted Reed commented.on the application to serve alcoholic beverages for Platinum Plus and urged council to use all legal means to prevent them from opening, as their business would be a detriment to the community. PUBLIC HEARINGS: (A) Business license - massage practitioner - Stacy L. Shirley, 1461 Smyrna Roswell Road Bill Scoggins made a motion the application be tabled to the May 20 meeting. Jack Shinall seconded the motion which carried 7-0. (B) Abandonment and conveyance of Foster Street right of way John Patterson stated that a portion of Foster Street as shown on the tax plats is unpaved and the adjacent owners have requested that it be formally abandoned and conveyed to them. This portion of street extends from the existing cul-de-sac to the railroad right of way. There was no opposition. Bill Scoggins made a motion the righz of way be abandoned and conveyed to the adjacent property owners, Murriel Whitener, John Witt and Spring Street Baptist Church if they are also contiguous, provided the owners pay all legal fees. John Steely seconded the motion which carried 7-0. (C) Annexation of Highlands Festival Shopping Center John Patterson stated that Mr. Oliver Wright is the owner of Highlands Festival and has requested that it be annexed into the City. The application was read into the minutes of the April 15 meeting and all advertisements have been made. There was no opposition. John Steely made a motion the property be annexed to become a part of Ward 7. Wade Lnenicka seconded the motion which carried 7-0. (D) Privilege license - liquor, beer and wine pouring - Platinum Plus, 2282 Old Concord Road John Patterson stated that Mr. B. Don Gravley has applied for a retail pouring license for his adult entertai!unent establishment known as Platinum Plus. There was a large group in opposition. Mr. Osborne stated his court reporter had not arrived and inquired if the tape or transcript from the meeting could be utilized. Mr. Osborne was told the minutes of the meeting would be available but they would not necessarily be verbatim. Jack Shinall stated 1--hat since the attorney for the applicant had brought forth the question of not having a court reporter to provide a verbatim testimony, made a motion the hearing be postponed for 30 days. Kathy Jordan seconded the motion which carried 6-1 with Jim Hawkins opposed. FORMAL BUSINESS• (A) Validate petition to annex Cumberland Ridge Baptist Church Attorney Camp read an application to annex Cumberland Ridge Baptist Church, located on South Cobb Drive at Ridge 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 May 6, 1991 meeting - continued 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 551 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point on the southwesterly right of way of South Cobb Drive, said point being located 1053.7 feet southeast of the right of way line of South Cobb Drive where it intersects the north land lot line of Land Lot 551; from said point of beginning leave scziid right of way and run southwesterly 300 feet more or less to a point; thence southeasterly a distance of 355.1 feet to a point; thence northeasterly a distance of 310.5 feet to the southwesterly right of way of South t'obb Drive; thence northwesterly along said right of way a distance of 316.5 feet and point of BEGINNING. Said tract containing 2.18 acres, more or less. WHEREFORE, THE UNDERSIGNED HEREBY APPLY T.'OR SUCH ANNEXATION. Witness the hands and seals of 60% of the record title holders of the land described above: s/J. AL COCHRAN, BOB LEE FRANKLIN, W. DAN PARKER, HAUSER L. SMITH Wade Lnenicka made a motion the petition be validated and a public hearing set for June 3, 1991. Kathy Jordan seconded the motion which carried 7-0. (B) Naming of streets in downtown area John Patterson said it was necessary to name the newly constructed streets in the downtown area so that addresses can be assigned. The first is the new road that runs from the Second Baptist Church to the new intersection of Hamby at Powder Springs, second is the road that goes around the village green and third is the extension of King Street into the village green. Jim Hawkins said the Finance Committee had met and based on their recommendation made a motion the following names be approved: The portion of the street between Bank Street and Atlanta Street currently called Hamby and Fuller, to be called Hamby Street the entire length so that it will be consistent all the way through. Name that section of road that begins at the ending of Powder Springs and proceeds east around the village green circle to Atlanta Road, Village Green Circle. Also, the new extension of King Street to Village Green Circle to remain King Street. Kathy Jordan seconded the motion which carried 6-1 with Jack Shinall opposed. (C) Approval of dedication of right of way - Jane Lyle Road John Patterson stated that several mcnths ago, Post Properties asked for a conveyance ,of Jane Lyle Road (Cumberland Drive) to construct an addition to Post Vinings Apartments on Atlanta Road. Council agreed to the right of way exchange and tonight is the formal dedication of Jane Lyle Road now that the new roadway has been constructed. There is also a one year warranty that must be provided by Post Properties. Wade Lnenicka said this action is merely to trade the new Jane Lyle Road for the former road and made a motion the Mayor be authorized to execute the conveyance of the former Jane Lyle Road right of way to Post Properties and accept the new right of way subject to the one year maintenance period as provided in Appendix D of the ordinance. Bob Davis seconded the motion which carried 7-0. (D) Resolution increasing hotel/motel excise tax John Patterson said the legislature this year approved an increase of accommodation tax for construction of a convention center in Cobb County. May 6, 1991 meeting - continued Cobb County has recently approved the increase for their hotels to 8% and the City of Smyrna is still at 3% which goes into our General Fund. Jim Hawkins said the Resolution is lengthy and will be on file in the City Clerks office. Approval of this Resolution will allow us to increase our hotel/motel tax from 3% to 8%, with the additional 5% to go towards the Cobb -Marietta Coliseum and Exhibit Hall Authority to help pay our pro rata share of the new convention center. Jim Hawkins made a motion the resolution be adopted. Bill Scoggins seconded the motion which carried 7-0. (E) Bid opening - two copiers for Library Bids for two new copiers were opened, read and recorded as follows: Nash Office Systems Xerox Advanced Electronics Regency Office Prod. Zeno Systems Danka Business System Kodak A.B. Dick No bid $12,020.00 total $ 7,203.04 total $ 9,730.00 total $ 6,062.00 total $ 4,798.50 total No bid $ 7,203.00 Wade Lnenicka made a motion the bids be turned over to the Library Committee for their recommendation back at the next meeting. Jack Shinall seconded the motion which carried 7-0. (F) Bid opening - artwork for Community Center/Library Bids were opened, read and recorded as follows: DeVant Crissey Studio $4,578.45 Corporate Art International $3,075.00 Winn -Regency $3,868.50 Wade Lnenicka made a motion the bids be turned over to the Library and Parks and Recreation Committees for their recommendation back at the next meeting. Bill Scoggins seconded the motion which carried 7-0. (G) Bid opening - gym equipment for Community Center Bids were opened, read and recorded as follows: Advanced Fitness Systems $ 9,962.00 Profit Equipment Center $11,035.00 Universal $14,192.00 BSN Coporporation $ 6,295.71 Metro Sports Fitness $ 9,585.00 Bill Scoggins made a motion the bids be turned over to the Parks Committee for their recommendation back to council at the next meeting. John Steely seconded the motion which carried 7-0. (H) Bid opening - hydraulic rescue equipment Bids were opened, read and recorded as follows: Zimmerman- American Evans Armstrong Harolds Aero Matrix Darley Safety Rescue System 11,127 12,354 14,682 Diesel Engine 500 1,633 2,257 Reels 1,950 1,444 1,591 Suction 1,058 1,002 990 748 Resuscitator 554 590 655 518 579 723 Scoop 648 772 555 636 718 Extrication 123 143 115 127 143 MAST Adult 379 922 357 392 MAST Pedi. 359 830 314 365 Adult Tract. 179 206 167 183 Pedi. Tract. 179 206 167 183 Scott Air Pak 7,365 Double Fm. Red. 303 195 307 321 4 May 6, 1991 meeting - continued Zimmerman Harolds Darley American Pike 10' 121 118 158 120 Pike 6' 95 88 106 94 Spanners 130 153 138 Hose Clamps 453 502 542 Valve 372 442 438 Lights 380 371 442 420 Charger 342 339 445 384 Fans 1,237 1,787 2,160 1,755 Kathy Jordan made a motion the bids be turned over to the Fire Committee for their recommendation back at the next meeting. Wade Lnenicka seconded the motion which carried 7-0. (I) Bid opening - curb, gutter and sidewalk installation Bids were opened, read and recorded as follows: Key Curbing $556,651.00 $276,014.05 alternate Abacus Company $587,332.00 Curb Specialists $492,511.06 Unisys Construction $455,045.00 Jack Shinall made a motion the bids be turned over to the Public Works Committee for their recommendation back to full council. Kathy Jordan seconded the motion which carried 7-0. (J) Bid opening - piano for Community Center Bids were opened, read and recorded as follows: Baldwin Piano & Organ $2,887.00 Bill Scoggins made a motion the bid be turned over to the Parks Committee for their recommendation back at the next meeting. Jim Hawkins seconded the motion which carried 7-0. (K) Ordinance amendment - Emergency Management, Sect. 7-1, 7-2, 7-3, 7-6, 7-7 John Patterson stated the proposed amendments will simply change the titles of Civil Defense Director to Emergency Management Director as recommended by the Federal Emergency Management Association. x Kathy Jordan made a motion the ordinance be amended by deleting Sections 7-1, 7-2, 7-3, 7-6 and 7-7 in their entirety and replacing with new sections, on file in the City Clerk's office. Bill Scoggins seconded the motion which carried 7-0. Jim Hawkins stated that Mr. Patterson also serves in the capacity as Emergency Management Director but unlike his predecessor, receives no compensation. uTn AWADnQ • (A) Playground equipment for Community Center Bill Scoggins made a motion the ;bid be awarded to Leisure Lines, the low bidder at $5,842.00. John Steely seconded the motion which carried 7-0. (B) Rose Garden pavilion Bill Scoggins made a motion the 'bid be awarded to Leisure Lines, the low bidder at $8,953.00. Kathy Jordan seconded the motion which carried 7-0. (C) Library relocation Wade Lnenicka made a motion the bid be awarded to Philpot NorthAmerican, the low bid at $4,092.30. Bill Scoggins seconded the motion which carried 6-1 with Jack Shinall opposed. (D) Reader/printer for Library Wade Lnenicka made a motion the bid be awarded to Minolta at $12,923. Bill Scoggins seconded the motion which carried 7-0. May 6, 1991 meeting - continued COMMERCIAL BUILDING PERMITS: (A) Aetna Life Insurance requested a building permit for tenant finish at 2400 Lake Park Drive at a total estimated cost of $207,220. Kathy Jordan made a motion the permit be approved. Wade Lnenicka seconded the motion which carried 7-0. CONSENT AGENDA: (A) Amendments to FY1991 budget (B) Replace yield sign with stop sign—Strathmoor & Balmoral (C) Approval of Sewer System Development Fee Agreement amendment (D) Approval to purchase two microfiche machines for Library (E) No parking signs - Mill Pond Road at cul de sac (F) Approval to increase sign permit fees (G) Approval of April 15, 1991 minutes (H) Approval to request bids for pavement restriping Bill Scoggins made a motion the consent agenda be approved. Jim Hawkins seconded the motion which carried 7-0. SHOW CAUSE HEARING - OASIS BOTTLE SHOP: . John Patterson stated that on December 20, 1990, the package license for Oasis Bottle Shop, John G. Gulla, agent was suspended by the Mayor for unlawful deliveries and failure to purchase from properly licensed wholesalers violations of State and local statues. On December 17, 1990, Captain David Farmer observed Mr. Gulla removing several cases of liquor from his car at the bottle shop and the charges made. A temporary restraining order was filed December 21st and they were allowed to open pending a show cause hearing to determine if their license should be suspended or revoked. This hearing has been postponed several times pending final disposition in State Court and a hearing with the Alcohol -Tobacco -Firearms division of the State. Mr. Gulla was sworn in with his attorney, Ernest Brookins, Captain David Farmer and Finance Director Emory McHugh. Mr. Brookins said they did not deny the charge and would like to enter a plea of guilty for transporting some 10 cases of liquor illegally into the City for the purpose of not paying city excise tax and not purchasing from a properly licensed wholesaler. Jim Hawkins said the question tonight is the amount of restitution that is due the City and our Finance Director has been asked to reconstruct as best as he could to provide a fair and equitable amount due the City. Mr. McHugh he used total annual sales from two other similar establishments and during that time period, itemized the wholesale tax reports to see what taxes had been paid and compared those to the taxes paid by Oasis. A ratio analysis was then applied to determine that Oasis had underpaid by some $2,100 per year, for 1989 and 1990. Mr. Gulla has,actually owned the store for 3 1/2 years and Mr. McHugh said he felt it would be fair to use that same dollar amount for each year. Mr. Gulla stated his family also owns a liquor store in Decatur and they were just buying in large quantities to take advantage of the price savings. The liquor was swapped evenly money -wise between the two stores. Mr. Gulla said the State Alcohol -Tobacco -Firearms division has already fined him $600 and he was also fined $500 in Cobb County State Court. Mr. Gulla said he did not intend to cheat the City and did not think he had because everything was done on an even swap. Captain David Farmer said he had observed Mr. Gulla removing the liquor from his car on one occasion but from information he had received, knew that he had been transporting liquor between the two stores for quite some time. Captain Farmer said he also had proof from one of the distributors.that much of the liquor stocked in the store was not purchased through them. Following lengthy discussion, Jim Hawkins made a motion that Mr. Gulla pay restitution in the amount of $7,700, based on the information provided by the Finance Director, and also impose a fine of $1,000. Bill Scoggins seconded the motion. John Steely said he agreed with the fine and part of the restitution but felt we had no real proof as to the length of time it has been going on. Jim Hawkins said the restitution amount would cover the entire length of time since Mr. Gulla purchased the store in 1987. May 6, 1991 meeting - continued Wade Lnenicka said he also was not sure of the time period and therefore, felt that rather than multiply $2200 by 3 1/2 years, felt that $2200 by 3 years would be a more appropriate number. Mr. Lnenicka amended the motion to change the restitution amount to be $6600, for a 3 year period with a $1,000 fine. John Steely seconded the amendment. Vote on the amendment failed 2-5 with Bob Davis, Bill Scoggins, Kathy Jordan, Jack Shinall and Jim Hawkins opposed. Vote on the main motion failed 3-4 with Wade Lnenicka, Bob Davis, John Steely and Jack Shinall opposed. Wade Lnenicka made a motion the restitution amount be set at $7,000 with a $1,000 fine with a subsequent motion to address the issue of suspension of the license and payment period. Jotin Steely seconded the motion for discussion and questioned the fine being assessed before the issue of license suspension. Mr. Lnenicka said he was considering that the license would be suspended for a period of time, or until payment to the city of the restitution plus the fine is made, at which time the license would be reinstated. After discussion, the motion and second were withdrawn to be restated. After further discussion, Jim Hawkins made a motion that Oasis Bottle Shop pay restitution to the City in the amount of $7,700 and a fine of $1,000 to be paid by 5:00 p.m. this Friday; if not, the license will be suspended for 30 days or until such time as the fine and restitution are paid. Bill Scoggins seconded the motion which carried 6-1 with Jack Shinall opposed. COUNCIL INPUT: Wade Lnenicka gave a brief Library report and stated the drainage improvement projects are still being delayed because of the rain. Also, Mr. Lnenicka said he enjoyed the Jonquil Festival activities and thought it was a big success. Sherry Reavis reported on the Jonquil Festival and gave other reports from the Parks Department. Kathy Barton also gave a report on the parade and other Community Relations activities. Jim Hawkins stated Cobb County mailed the new tax assessments last week and many homes in Smyrna were included in the re -assessment. That will have some impact on our new budget but we do not know the total amount of the re -assessments. We have asked the Finance Department to provide a complete listing of all those homes that were re -assessed so that we will have a better idea of the impact it will have on our tax revenues so that we might hopefully have a millage rollback. It also appears that we are close to balancing the FY92 budget with no tax increase. Jack Shinall asked for a Public Works Committee meeting Monday at 6:30 p.m. and asked for a proposed contract for solid waste disposal, an ordinance governing operation of transfer stations and proposed business license fees for that operation. John Steely said he recently had received complaints about 3 homes on Early Parkway that have been transferred to Cobb County water billing without our knowledge and we should know by the end of the week if we can get them back on our system. With no further business, A. ACON, MAYO meeting adjourned at 9:27 p.m. f.