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08-03-1987 Regular Meeting3$ August 3, 1987 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on August 3, 1987 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 Attorney Charles E. Camp, City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Michael Wheeler from King Springs Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Robert Garrett from Boy Scout Troop 573 and commended him for earning his Eagle Scout badge. Robert built a nature trail around King Springs Park which was dedicated July 4th. Mayor Bacon also recognized Billy Ray Blocker, candidate for the Cobb Board of Education who will be in a runoff election next week. DEPARTMENT REPORTS: Reports were given from Public Works, Library, Parks and Recreation and Clean City Committee. PUBLIC HEARINGS: (A) Variance request - reduction of front yard setback for addition to Bethel Baptist Church on Spring Road. John Patterson said Bethel Baptist Church is requesting a variance on the front yard setback requirement from 75 feet to 17 feet in order that they might expand the auditorium. Their existing buildings are 10 and 25 feet from the right of way of Spring Road and the proposed Spring Road Connector will not impact this property. There was no opposition. Jim Kington represented the church and said this would be a final construction project on this site. The church needs extra space because they are growing, both in the congregation and contributions to the community. Mr. Kington said the existing educational building is 25 feet from the right of way and the sanctuary is 10 feet from the right of way. Bob Davis said the church had submitted a letter of hardship and had no problems with the variance, and made a motion it be approved. Jerry Mills seconded the motion which carried 7-0. (B) Variance request - reduction of front yard setback at 2001 Turpin Road. John Patterson said that John C. Hearst is requesting the front yard reduction from 30 feet to 15 feet to add an extra room with a garage underneath it on the side of his house. There was no opposition. Mr. Hearst said he, his wife, mother in law and 2 sons lived in the house and needed the additional room. Jerry Mills said this is an older neighborhood where the existing homes do not meet code requirements. The addition will be no closer to the right of way than their house is now. Mr. Hearst had provided a letter of hardship and Jerry Mills made a motion the variance be approved. Jim Hawkins seconded the motion which carried 7-0. (C) Show cause hearing - 777 Food Store, 1649 Windy Hill Road. John Patterson said on the evening of July 24, 1987, an employee of the 777 Food Store was seen selling beer to an 18 year old female. The license was immediately suspended pending the show cause hearing tonight. Jin Choi stated he was the attorney representing Mr. Joong J. Lee, the license holder. Mr. Lee is in Korea and will not return for several weeks, but his wife had spoken with him by telephone and it was his request that the hearing take place tonight and they would waive any request for continuance. Mrs. Lee was sworn in by Attorney Camp and under oath, stated that her husband was in Korea and was aware of what had happened and had told her to hire an attorney to represent them in the hearing tonight. Mr. Choi said they were willing to stipulate the fact that a part time employee of the store sold beer to a minor and would waive that issue. Mr. Lee has been a successful businessman for many years and has been in the grocery business in DeKalb, Fulton and Cobb and of the different package licenses he has held in the past, has had no violations whatsoever. Other than Mr. and Aueust 3. 1987 - continued Mrs. Lee, there is only one full time employee in the store and when Mr. Lee went to Korea, Mrs. Lee hired a part-time worker. Mr. Choi stated Mrs. Lee had been working in the store 17 hours a day, 7 days a week and did not leave unless it was absolutely necessary. On the day in question, Mrs. Lee was in the back of the store doing paperwork and Zmom Ye Lee, her part time worker, failed to call her to the front as she had been instructed before selling beer. Mr. Choi said they had already been without a license for 11 days and have rent and huge promissory notes to pay, which they will not be able to do if the license is suspended. Mr. Choi said Mrs. Lee made a mistake and they had learned a lesson, but their business could not survive if their license was not reinstated. Zmom Ye Lee was sworn in by Attorney Camp and said the lady who came in the store looked over 30 so she did not ask for any identification. Mayor Bacon asked Ms. Lee what the legal drinking age is, and she said 21 or 22. Ms. Lee said she had worked in the store since July 21st and Mayor Bacon asked how many times she had asked for identification during those 3 days. Ms. Lee said most of the time Mrs. Lee was there and she would ask her since she did not cashier much, but did other things. Attorney Camp asked Mr. Choi if all employees of the store had been approved by the police department and Mr. Choi said because of the circumstances, she did not have time to have Zmom Ye Lee approved and she was hired only on a temporary basis. Jack Shinall stated that all employees should be fingerprinted and approved by the police department. After further discussion Jerry Mills made a motion that, based on the reports and evidence heard tonight, the license be suspended for 6 months from tonight with a one year probationary period. Any violations during the probationary period will call for automatic revocation of the license. Jim Hawkins seconded the motion. Jack Shinall stated he would support the motion because approximately 18 months ago the alcoholic beverage committee held a meeting to educate the license holders in the city and he did not remember the Lees being present for that meeting, and also felt the language barrier was no excuse. Vote on the motion to suspend the license carried 7-0. FORMAL BUSINESS: (A) Ordinance amendment - Section 9-5, purchasing procedures. Hugh Ragan made a motion that Section 9-5, Purchasing Procedures, of the Code of Ordinance be deleted in its entirety and replaced with the following section: (a) Administrative policies and procedures detailing control of city purchases will be published separately. They will, at a minimum, contain specific departmental authorities and limitations and must be approved by Mayor and Council prior to implementation of change. Such approval, with dated policies and procedues, will be made a matter of record and maintained in the City Clerk's office. (b) All request for proposals/request for bids will be submitted through the Finance Department and controlled as determined by the City Administrator. Copies of same will be made available to Mayor and Council for review. (c) All city employees are limited by the established policies and procedures. Employees violating them can be held personally and pecuniarily liable for their actions. (d) Where practical, items will be purchased or bids solicited from local merchants first. However, items maintained on contract by the State of Georgia, Department of Administrative Services, that the City is authorized to purchase, are exempt from further competitive requirements. Kathy Brooks seconded the motion which carried 7-0. (B) Approval of purchasing procedures. Hugh Ragan said the purchasing policies and procedures mentioned in the ordinance amendment upgrades the City's 1956 and 1961 guidelines. It is a lengthy document and Hugh Ragan made a motion the purchasing policies and procedures as presented be approved. Kathy Brooks seconded the motion which carried 7-0. Aueust 3. 1987 - continued (C) Validation of signatures to annex property at 0664 and 2582 Argo Road in Land Lot 664. Attorney Camp read an application for annexation by Julia and Wilma Redding 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 664, 17th District, 2nd Section, Cobb County, Georgia being more particularly described as follows: Beginning at an iron pin on the southwesterly side of Davenport Road 337.0 feet southeasterly from the center line of Davenport Road as measured along the southwesterly side of Davenport. Thence continuing southeasterly along the southwesterly side of Davenport Road 202.9 feet to a corner, thence south 73 degrees 33 minutes west 105.0 feet to a corner, thence north 10 degrees 00 minutes west 178.0 feet to the southwesterly side of Davenport Road to the point of beginning. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the electors resident in the annexed area: s/JULIA REDDING, WILMA REDDING Jerry Mills made a motion the signatures be validated and the public hearing set for September 8, 1987. Bob Davis seconded the motion which carried 7-0. (D) Validation of signatures to annex 75 acres in Camp Highland/Argo Road area. Attorney Camp read an application for annexation of approximately 75 acres in Land Lots 619, 618, 606, 607, 546, 620 and 617 as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent of thw 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 Lots 619, 618, 606, 607 and 546 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at a point on the east line of Land Lot 606 where it intersects with the Seaboard Coastline Railroad and running in a northwesterly direction along said right of way line of Seaboard Railroad right of way a distance of 379 feet to a point on the west side of Camp Highland Road; running thence south along the right of way of Camp Highland Road a distance of 95 feet to a point; thence leaving said right of way of Camp Highland Road and running in a northwesterly direction along the southerly right of way line of the Seaboard Coastline Railroad a distance of 1008 feet o the west line of Land Lot 606; running thence due south along the west line of Land Lot 606 a distance of 1236 feet to a point on the west line of Land Lot 607, said point being 200 feet south of the corner common to Land Lots 546, 547, 606 and 607; thence northwesterly a distance of 165 feet to the east right of way line of Camp Highland Road; thence southerly along the eastern right of way line of Camp Highland Road a distance of 262 feet; thence leaving said right of way and running southeasterly a distance of 271 feet to a point on the west line of Land Lot 607; thence running due south along the west line of Land Lot 607 a distance of 100 feet; thence leaving the west line of Land Lot 607 and running east at a perpenicular angle a distance of 1260 feet to the west line of Land Lot 618; thence south along the west line of Land Lot 618 a distance of 658 feet to a point at the corner common to Land Lots 607, 608, 617 and 618; thence running east along the south line of Land Lot 618 a distance of 698 feet; thence northerly a distance of 198 feet; thence easterly a distance of 200 feet to a point on the west right of way of Argo Road; thence northerly Aueust 3. 1987 - continued along said right of way a distance of 99.8 feet; thence leaving said right of way and running westerly a distance of 394.9 feet; thence northerly a distance of 195 feet; thence easterly a distance of 440 feet to the east right of way of Argo Road; running thence northerly and northwesterly along the eastern right of way of Argo Road a distance of 502 feet; thence leaving the right of way of Argo Road and running in an easterly direction a distance of 129.5 feet to a point; thence northeasterly 220.67 feet to a point; thence westerly a distance of 430 feet to a point on the easterly right of way of Argo Road; thence continuing along said right of way of Argo Road a distance of 1047 feet; thence leaving said right of way of Argo Road and running northeasterly a distance of 220 feet to the east line of Land Lot 606 where it intersects with the south right of way of Seaboard Coastline Railroad and Point of BEGINNING. ALSO, all that tract or parcel of land lying and being in Land Lot 620 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at a point on the east right of way line of Camp Highland Road, 200 feet from the corner common to Land Lots 620, 619, 605 and 606; thence running southeasterly 200 feet; thence northeasterly 90 feet; thence northwesterly 206 feet to the right of way of Camp Highland Road; thence southwesterly a distance of 100 feet along said right of way of Camp Highland Road to the point of Beginning. ALSO, all that tract or parcel of land lying and being in Land Lot 617 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at a point on the eastern side of Argo Road 185 feet southwest of the intersection of Argo Road and Lewis Drive and running thence in a southeasterly direction 288 feet; thence southwesterly- 58.25 feet; thence northwesterly 295 feet to the right of way of Argo Road; thence northeasterly along said right of way of Argo Road a distance of 100 feet to the point of Beginning. WITNESS THE HANDS AND SEALS OF 60% OF THE ELECTORS RESIDENT IN THE ANNEXED AREA; s/EUGENE CARSON, BERTHA MAE NICHOLS, HELEN FAYE CHAMBERS, DAVID RANDALL RICHARDSON, RONNIE D. RICHARDSON, ROSA LEE RICHARDSON, BRIAN ROONEY, CREDA GAY EDGE, RALPH J. WEST, JAN VOLLRATH, CAROL S. PATTERSON, SUSAN BELL, RONALD SANDERS, SHERRI J. SANDERS, BRENDA LONG WITNESS THE HANDS AND SEALS OF 60% OF THE RECORD TITLE HOLDERS OF THE LAND DESCRIBED ABOVE: s/EUGENE CARSON, CLYDE FORRESTER, BERTHA MAE NICHOLS, HELEN FAYE CHAMBERS, DAVID R. RICHARDSON, LAWRENCE H. ELKINS, WILLIAM GLENN CANTRELL, E. CAROL WORLEY, BRIAN J. ROONEY, MODDELL NELSON, CREDA GAY EDGE, MARION WORLEY, ETHEL ELLIS, RALPH J. WEST, BOBBY THRASHER, E. R. VOLLRATH, KATHLEEN GILCHRIST, ETHEL ELLIS, WILLIAM HARRY & REBECCA MORRIS, VICTOR A. DEATON, BARBARA E. CLACKUM, MRS. WALTER R. ELSBERRY, RODNEY & CAROL PATTERSON, MILTON T. DIXON, SUSAN DIXON BELL, SHERRI J. SANDERS Hugh Ragan made a motion the signatures be validated and the public hearing set for September 8, 1987. Jerry Mills seconded the motion which carried 7-0. (E) Ordinance amendment - Chapter 10 1/2, Flood Control. John Patterson said that the Flood Control ordinance of the City needs to be deleted in its entirety and replaced with an updated 1986 model ordinance called Flood Damage Prevention' Ordinance. The new ordinance will promote a more defined Flood Hazard area and minimize public and private losses due to flood conditions. Jack Shinall made a motion that Chapter 10 1/2, Flood Control of the ordinance be deleted in its entirety and replaced with a new section. Joel Harrell seconded the motion which carried 7-0. Jack Shinall stated that additional changes may need to be made at a later date. BID AWARDS: (A) Tapes for Dictaphone Recorder in Communications Department. Bob Davis made a motion the low bid of $1,770.80 be awarded to Sound Investment for the purchase of 40 tapes. Hugh Ragan seconded the motion which carried 7-0. August 3, 1987 - continued (B) Asphalt for Rose Garden Park. John Patterson said the two parking areas at Rose Garden Park are gravel lots and they need to be asphalted. Bids were secured, with Able Asphalt and Paving being the low bidder. Kathy Brooks made a motion the low bid of and Paving to be paid from CDBG funds. carried 7-0. (C) Water meter/repairs. $1,193.50 be awarded to Able Asphalt Jerry Mills seconded the motion which John Patterson said proposals were received for the city's supply of water meters, meter repair parts and meter repair and calibration with 5 bids being received. Based upon the recommendation of John Patterson, Joel Harrell made a motion the bids be split and awarded to three different vendors as follows: 1) Southern Meter supply all 3/4" meter requirements specifically Precision PMX brand and all precision repair parts. 2) Delta Meter provide all repair parts for other than precision meters and all repair and calibration services 1" to 10" meters. 3) Davis Meter provide, on as required basis, Master Meters in sizes 1" to 10". Hugh Ragan seconded the motion which carried 7-0. (D) Computer printer. John Patterson said the existing 3262 printer was purchased with the IBM 34 in 1979 and we have been experiencing on and off problems for the past year or so. A system printer is in the new budget and it is the City's desire to maintain the IBM products because of their high quality and system compatibility. The 4234 printer is a relatively high speed machine with near letter quality print. The printer is available through State contract pricing at a 20% discount from list price. Based upon the recommenation of John Patterson, Hugh Ragan made a motion the 4234 printer from IBM be purchased through State contract, with the existing printer to be retained and used for backup. Kathy Brooks seconded the motion which carried 7-0. CONSENT AGENDA: Hugh Ragan made a motion the minutes of July 6, 1987 be approved as submitted. Bob Davis seconded the motion which carried 4-0, with Joel Harrell, Jerry Mills and Kathy Brooks abstaining. Jerry Mills made a motion the minutes of July 20,1987 be approved as submitted. Bob Davis seconded the motion which carried 7-0. COUNCIL INPUT: Hugh Ragan encouraged everyone to drop by and visit Doris Morris and wish her well on her retirement. There will be an open house at the Library on August 23rd from 2:00 to 4:00 p.m. Hugh also said he was happy to see Kathy Barton appointed as Coordinator of the Clean City Committee and knew she would do a good job. Jack Shinall said there would be a public hearing this Friday about the proposed conversion of Dobbins Air Force Base and he has already sent a copy of a petition from one of his neighborhoods to Congressman Darden with 38 signatures opposing the proposed use. We do not want the joint use of Dobbins and the petition is indicative of other homeowners in Smyrna. Jack Shinall said the Community Development Committee will have a meeting with all holders of alcoholic beverage licenses on August 12th beginning at 7:30 p.m. This meeting is mandatory for license holders and anyone else wishing to attend for information purposes only is welcome. Jim Hawkins said he had received a petition tonight bearing 1262 signatures, requesting a traffic light on Concord Road at Lamar Circle. Jim said he would turn the request over to the Public Works Department for them to conduct a study and cost of installing a light at this intersection and also determine the effect it would have on the flow of traffic on Concord. August 3, 1987 - continued Jim Hawkins said that due to the growth of the City, there is an on -going problem with communications in our police department. When the police cars patrol the south side of the City, there are "dead spots" where they are unable to make radio contact with the base station and this is a very serious condition. $6,000 was budgeted for two additional towers and Jim said we hoped to have this problem resolved within the next few weeks. Jim Hawkins said the 1986-87 budget contained 6 additional police officers and he would be calling for a committee meeting soon to get approval in moving ahead and filling these positions immediately. Jim said the police department is somewhat under staffed now. Jim Hawkins said he would like to see a permanent policy in place of offering a $50 reward for information leading to the arrest of littering. Jerry Mills said he had received a request for 4-way stop signs at Knoll and Turpin Roads since a child was hit by a car there recently and made a motion the rules be suspended. Jim Hawkins seconded the motion which carried 7-0. Jerry Mills made a motion 4-way stop signs be placed at the intersection of Knoll and Turpin Roads. Jim Hawkins seconded the motion which carried 7-0. Joel Harrell said the Public Works Committee would soon be having a meeting to study the drainage reports prepared by Foxworth-Swift. Also, Joel asked everyone to bear with us during the construction work going on all over the City. These are local, county and state projects. Mayor Bacon said Evan Wix finished 4th in the high jump and Casey Wix finished 9th in the shot put during the National Junior Olympics recently held in Utah and congratulated them. Also on August loth, a group of Smyrna girls will leave for the Junior Olympics and their trip will be totally funded through donations. Mayor Bacon said he would be making a statement this Friday about the proposed conversion of Dobbins and he was also very much opposed to any changes there. Everyone is invited to attend this hearing which will be held at the Marietta City Hall. With no further business, meeting adjourned at 9:38 p.m. A. MAX BACON, MAYOR 2_1 BOB DAVIS, WARD 1 f Y MILL ARD 3 SHINALL, HUGH IeAGAtV WARD 7 wo, mw ow -, JOEL HARRELL, WARD 2 /JAMES M. HAWKINS, WAFP 4 h71 4c**sY�sY��sY��*�sYsYsY����icsY�� August 17, 1987 0 The regular scheduled meeting of Mayor and Council was held August 17, 1987 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 Attorney Charles E. Camp, City Administrator John Patterson, City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Richard Hemphill, pastor of Trinity Baptist Church, followed by the pledge to the flag.