03-22-1988 Regular MeetingMarch 7, 1988 - continued
COUNCIL INPUT
Wade Lnenicka welcomed Melinda Dameron back to meetings. He thanked the
residents of Hickory Hills and Vinings North for their participation in
meetings. Also he thanked Chief Little for work already done in that area.
He thanked his ward for contributing to the Jerry Mills Fund. Lastly, he
reminded everyone to vote on "Super Tuesday".
Jerry Mills sincerely thanked the people who are helping him and his family in
this time of need.
Jim Hawkins commented on a problem in his ward. He has received complaints
from people who have neighbors keeping 6-8 dogs on their property. The dog
catcher said that at the present time there is no law on the amount of dogs
one can have on his property. He asked for more cooperation and for people to
try to be good neighbors.
Jack Shinall also expressed concern about the number of dogs on a property.
He also commented on the problem at the intersection of Powder Springs Street
and South Cobb Drive. He asked John Patterson to follow-up on this problem
with the Cobb County Department of Transportation. Jack also commented about
the Campbell High School Ensemble and the Wills High School Chorale are
performing a concert at Cumberland United Methodist Church, April 5, 1988,
7:30 p.m. to benefit the Jerry Mills Fund.
Kathy Jordan read a report from Laurel Best on the success of the library over
the last month. She also reminded others of the upcoming Jonquil Festival.
Lastly, she welcomed Melinda back and reminded everyone to vote.
Bob Betenbaugh also commented on being a good neighbor and being considerate
to others. He announced T-ball registration for ages 4-6 starts March 7th
through April 8th. Practice and games will be held at Jonquil Park.
Applications are being accepted for the April 23rd Jonquil City Arts and
Crafts Festival. Those interested can call the Parks and Recreation
Department for more information.
With no further business, the meeting adjourned at 9:32 p.m.
----------------
A. MAX BACON, MAYOR
BOB DAVIS, WARD 1
JERRY MILLS, WARD 3
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4BOBBE4TE6—AUGH, WARD 7
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MELINDA DAi •O
JAMES M. HA INS, WARD 4
KATHY BROOKS JORDAN, WARD 6
March 22, 1988
The regular scheduled meeting of Mayor and Council was held March 22, 1988 at
Smyrna City Hall. The meeting was called to order by Mayor Protem Jim Hawkins
March 22, 1988 - continued
at 7:30 o'clock p.m. All council members were present except for Jack Shinall.
Also present was City Administrator John Patterson, City Attorney Charles E.
Camp, City Clerk Melinda Dameron and representatives of the press.
Invocation was given by Reverend Skye Alison, pastor of the Smyrna Church of
the Nazarene.
Mayor Protem Hawkins announced that Mayor Bacon was attending a school in
Maryland and Jack Shinall was in Florida on a business trip.
CITIZENS INPUT: The Smyrna Jaycees presented Jerry Mills with a check for
$1500 from proceeds from their recent barbecue and also a check for $500 for
money collected in a bucket brigade for the Jerry Mills Fund. Jerry expressed
his appreciation and stated the friendship and support he had received during
his illness had meant as much to him as the financial aid.
Jim Hawkins said this is National Community Development Week and read a
proclamation declaring April 2-9, 1988 as National Community Development Week.
A copy of the proclamation will be sent to Congressman Darden, Senators Nunn
and Fowler.
Mayor Protem Hawkins said if there was no objection from council, he would
move Item 4(E), bid opening for Phase IV of the sewer rehabilitation up on
the agenda since there were quite a few people in the audience here for the
results of the bid opening.
Bids for Phase IV of the rehabilitation were opened and read by Jim Belk with
Welker and Associates, and recorded as follows:
TOTAL
DEDUCTIVE
TOTAL BID LESS
BID
ALTERNATE
DED. ALTERNATE
Trescon Corporation
1,032,390
42,830.75
989,559.25
Reeves Ditching &
1,039,541
22,632.00
1,016,909.00
Contracting
Strack, Inc.
1,406,616
24,186.00
1,382,430.00
J. S. Haren Co.
989,457
25,303.10
964,153.90
D&H Construction
1,031,734
20,957.00
1,010,777.00
Ruby -Collins, Inc.
1,233,021
14,516.20
1,218,504.80
Wade Lnenicka made a motion the bids be taken under study by the committee
with assistance of the Engineer and brought back to council for approval. Bob
Davis seconded the motion which carried 5-0.
PUBLIC HEARINGS:
(A) Business license request - Smyrna City Cab, 2351 South Cobb Drive.
John Patterson said that Mr. Gerald Lee Fields has made application as owner
for Smyrna City Cab which will be located at 2351 South Cobb Drive. The
property is zoned General Commercial. The police department has made a
background investigation of the applicant and found nothing that would
preclude issuance of the license. There was one person in the audience in
opposition.
Mr. Fields said he felt there was a definite need for a good reputable cab
company in the city. His plans were to start with at least 6 newer model cars
and would pay at least $2500 each for them, not including the radio equipment
and meters. The cars will be on the road 24 hours a day and when they do come
in for shift change, will be parked on the back side (Ventura Road) of the
building and not visible from South Cobb Drive. Mr. Fields said he had already
made arrangements for someone to handle his mechanic and body work and assured
council there would be no junk cars parked on the premises. Mr. Fields said he
had also agreed in writing in a letter presented to council tonight to the
following conditions:
1) To operate the company in a professional manner.
2) To have a strict dress and grooming code.
3) To start with newer model cars that will be kept up mechanically and
physically and in a clean, neat manner.
4) To offer all senior citizens a 10% discount.
Jim Hawkins reminded Mr. Fields that he would also be required to submit his
rate schedule to us for approval and that he could not vary from it without
council approval.
March 22, 1988 - continued
Sue Brissey spoke -in opposition but stated that some of her questions had been
answered already. We have never had a cab company that has been an asset to
the City and would not object to a good, well -run cab company. Mrs. Brissey
said she thought there should be some very strong stipulations placed on this
license to ensure a clean operation.
After further discussion, Kathy Jordan made a motion the license be approved
with the stipulation that Mr. Fields submit his rate schedule within 5 days to
be reviewed and either approved or disapproved by council. Jerry Mills
seconded the motion which carried 5-0.
(B) Beer & wine pouring license - Oyster King, 2365 South Cobb Drive
John Patterson said that Mr. Roy Neal Brantley has made application as the new
owner for the Oyster King located at 2365 South Cobb Drive. Mr. Brantley's
wife will be the manager for the restaurant and the police investigation was
favorable. There was no opposition.
When asked if he was familiar with our ordinance, Mr. Brantley said he was not
totally familiar with the entire ordinance but was familiar with the basic
requirements for selling alcoholic beverages. His wife will be the manager and
she has been in the restaurant business for quite a few years. Mr. Brantley
said a very low percentage of their total sales would be from beer and wine.
Although he has never been in this business or held other liquor licenses, he
understood that he would be responsible if there should be any violations. Mr.
Camp stated that even though Mr. Brantley said he was not totally familiar
with the ordinance, once the license was granted he would be charged with the
responsibility of knowing it.
After further discussion, Kathy Jordan made a motion the license be granted.
Wade Lnenicka seconded the motion which carried 5-0.
(C) Variance request - side yard reduction for garage construction at 3418
Creatwood Trail.
John Patterson said that Mr. Foley Beach is requesting a reduction of the side
yard setback from 10 feet to 5 feet for a garage addition to be built over the
existing driveway. The adjacent property owner has indicated he has no
objection to the variance and there was no opposition.
Mr. Beach said the original owner of the house began construction of a garage
by putting in the driveway but it was never completed. When he applied for the
building permit he discovered the driveway was only 5 feet from the property
line.
Wade Lnenicka made a motion the variance be approved. Bob Betenbaugh seconded
the motion which carried 5-0.
FORMAL BUSINESS:
(A) Validation of signatures to annex 2.10 acres in Land Lot 445
Attorney Camp read an application for annexation of property owned by C. J.
Fouts on Pat Mell Road as follows:
We the undersigned, who constitute sixty percent (60%) of the electors
resident and sixty percent 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 445 of the 17th
District, 2nd Section, Cobb County, Georgia, being more particularly described
as follows:
Beginning at a point on the south side of Pat Mell Road, 100 feet from the
corner of the southwest intersection of Pat Mell Road and Atlanta Road; thence
west along the southern right of way line of Pat Mell Road a distance of 332
feet; thence south a distance of 374 feet; thence east a distance of 107 feet;
thence north a distance of 145 feet; thence east a distance of 240 feet;
thence north a distance of 225 feet to a point on the south side of Pat Mell
March 22, 1988 - continued
Road and 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
area described above: s/C. J. FOUTS, JERRY FOUTS
Kathy Jordan made a motion the signatures be validated and the public hearing
set for April 18, 1988. Jerry Mills seconded the motion which carried 5-0.
(B) Amendment to retirement plan.
John Patterson said the amendment to the JMEBS retirement plan presented
tonight will enhance the program for all employees. This amendment will
increase elected officials benefits from $20 to $30 per month per year of
credit service and will add a death benefit provision for terminated vested
participants.
Kathy Jordan made a motion the ordinance of November 22, 1971, establishing
the retirement plan for employees of the City of Smyrna be amended to increase
benefits for elected officials and add the death benefit provision for
terminated vested participants. Wade Lnenicka seconded the motion which
carried 5-0.
(C) Approval to advertise closing of Medlin Street.
John Patterson said the owners and residents of the condominium complex at the
end of Aline Wolfe Drive desire Medlin Street to be closed to traffic and
provide them with a closed community.
Jerry Mills made a motion Medlin Street be posted and advertised for closing
at Aline Wolfe Drive with a public hearing to be held April 18, 1988. Bob
Davis seconded the motion which carried 5-0.
(D) Approval to advertise closing of un-named street parallel to Atlanta
Road, from Jane Lyle Road northwesterly a distance of approximately 575 feet.
John Patterson said that Post Properties has requested the closing of this
street which is adjacent to their property currently under construction at the
corner of Jane Lyle and Atlanta Road. The road previously served only 5 homes,
and those homes have been demolished for the new construction.
Wade Lnenicka made a motion the street be posted and advertised for closing
with a public hearing to be held April 18, 1988. Bob Betenbaugh seconded the
motion which carried 5-0.
RTn AWnP 1C
(A) Police Department renovation.
John Patterson said at the last meeting, bids for the renovation of the Police
Department were opened and after review, it was the committee's recommendation
that the low bid of $85,675 be awarded to Hatcher & Son. Jerry Mills made a
motion the bid be awarded to Hatcher & Son. Bob Betenbaugh seconded the motion
which carried 5-0.
(B) Sledge packer and water pump.
Wade Lnenicka made a motion that both items be awarded to Humphries Equipment
being the low bidder at $1,036.09 for the sledge packer and $662.00 for the
water pump. Bob Betenbaugh seconded the motion which carried 5-0.
COMMERCIAL BUILDING PERMTIS:
CONSENT AGENDA:
None to bring before council.
(A) Approval to request bids: 3600 tractor and 4x4 pickup
(B) Approval of February 15, 1988 minutes
(C) Temporary permit for emission control kiosk at Cobb Center Mall
Kathy Jordan made a motion the consent agenda be approved. Jerry Mills
seconded the motion which carried 5-0.
March 22, 1988 - continued
COUNCIL INPUT:
Jerry Mills made a motion the rules be suspended to allow approval for a bid
request. Bob Davis seconded the motion which carried 5-0.
Jerry Mills made a motion bids be requested for intoximeters, light bars and
other equipment needed for the new police cars already on order, to be opened
at the next meeting. Bob Betenbaugh seconded the motion which carried 5-0.
Jim Hawkins announced the next council work session would be March 28th and
the next agenda meeting March 31st.
With no further business, meeting adjourned at 8:53 p.m.
A. MAX BACON, MAYOR MEL N A DAMER I
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BOB DAVIS, WARD 1 WADE LNENI WARD 2
V'r JAMES M. HAWKINS, WARD ,
KATHY BROOKS JORDAN, WARD 6
BOB BETENBA GH, WARD 7