Loading...
07-01-1991 Regular MeetingJuly 1, 1991 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter on July 1, 1991. 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 John Steely. 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, Finance Director Emory McHugh, Police Chief Stan Hook, Communications Director Steve Ciaccio, Fire Chief Larry Williams, Personnel Director Jane Mears, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt, Community Relations Director Kathy Barton and representatives of the press. Invocation was given by Richard Hemphill, pastor of Trinity Baptist Church followed by the pledge to the flag. CITIZENS INPUT• of the American $1800 for the responsible for year. Betty Turley, a resident of Inverness Road stated the Sons Legion recently sponsored a softball tournament and raised Sudden Infant Death Syndrome Foundation, a disease which is the lives of 10,000 babies under the age of 6 months each Ted Farland read a letter of appreciation to the Public Safety departments for the assistance provided him recently after he was injured in an automobile accident. Larry and Sue Brissey presented a framed print of the "Storyteller" to Laurel Best, to be placed in the new Library. PUBLIC HEARINGS• (A) Charter amendment - Article II, Section 6(b) John Patterson stated the Municipal Home Rule Act of 1965 allows Council to amend portions of the Charter following three weeks advertisement and two consecutive readings. This will be the second reading tonight of the proposed amendment which will change the salaries of Mayor and Council. Mr. Hawkins read the proposed amendment as follows: An ordinance of the City of Smyrna, Georgia providing that the Code of Ordinances, City of Smyrna, Georgia be amended by revising Section 6(b), Article III of the City Charter by deleting said section in its entirety and replacing with the following new section. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA that Article III, Section 6(b) be amended so that such section shall read as follows: Sec. 6(b). Salaries of mayor and councilmen; salaries of other city officials and employees. Effective January 6, 1992, the mayor of the City of Smyrna shall be paid a salary of seven hundred twenty-five dollars ($725) per month and each councilman of the said city shall be paid a salary of five hundred dollars ($500) per month. Thereafter, the salaries of the mayor and seven councilmen shall be increased by twenty-five dollars ($25) per month each year, effective the first Monday of January each year through the term of office ending December 31, 1995. The compensation of all other officials and employees of the City of Smyrna, except as otherwise provided by law, shall be determined by the mayor and council of the City of Smyrna. Mr. Hawkins said the mayor and council salaries have not increased for 6 years and this amendment will provide for a 5% increase each year during the duration of the term for the next administration taking office January 1. There were no comments or questions from the audience and Jim Hawkins made a motion the amendment be adopted as read. Bill Scoggins seconded the motion which carried 5-1 with Jack Shinall opposed. (B) Architectural guidelines - Downtown Smyrna Development Authority John Patterson stated for some time the Downtown Development Authority has been working with the Mayor and Council to establish a set of standards for zoning criteria and a set of standards for the architectural guidelines to be established for construction and renovation in the downtown area to ensure July 1, 1991 meeting - continued that the quality of construction and reconstruction in the downtown area is consistent with the new Community Center and Library. Also, it will ensure that the neighborhood surrounding the downtown area will be protected from any commercial and industrial intrusion. There was no opposition from the audience and Bob Davis made a motion the guidelines be approved as presented. Kathy Jordan seconded the motion which carried 6-0. (C) Privilege license - liquor, beer and wine pouring license - Monterrey Mexican Restaurant No. 21 - 4924 South Cobb Drive John Patterson stated that Rhonda Mann has applied as the licensee for a second Monterrey Mexican Restaurant to be located at Kenwood Plaza, 4924 South Cobb Drive. This location was previously licensed for Casa De Garcia Restaurant. The police investigation was favorable and there was no opposition from the audience. Attorney Harold Karp represented the applicants. Ms. Mann stated she had read the requirements for holding an alcoholic beverage license and would abide by them. Their employees will be required to ask for identification of all customers rather than attempt to judge their age. Ms. Mann said she would be a full time employee on the premises at all times when they open. Mr. Karp stated he represents the owners of Monterrey and their record for non -violations at the 20 other locations is excellent. There has been one violation involving sales to a minor in Smyrna but the owners are well aware of their responsibilities. After further discussion, Jim Hawkins made a motion the license be approved. Wade Lnenicka seconded the motion which carried 6-0. Mayor Bacon stated there is an additional item that was advertised for a public hearing tonight, but was inadvertently omitted from the agenda. John Patterson stated the Highland Drive/Spring Road intersection is very dangerous and we have been working on a solution for a number of years. Nothing has helped and the community in the Highlands Subdivision has asked that council consider the closing of Highland Drive at Spring. A neighborhood meeting was held by Councilman Davis 6 weeks ago to discuss the possibility of closing the street. Several residents of the area indicated they wanted to speak. Bob Davis stated the purpose of the hearing tonight is to consider modifying the intersection to allow right in/right out only rather than close the street completely. Martha Walsky of 3226 Highland Drive said she did not want the street closed and although she seldom used that intersection, thought it would ruin the neighborhood because it would only leave two other streets available for access to Spring Road. Betty Turley of Inverness Road agreed that right in/right out only was the best solution and did not agree with closing the street completely Robert Smith of 2939 Highland Drive said he did not really care if it was closed or not because he never used it but in the interest of those living in the immediate vicinity of the intersection, was an advocate of closing. Also, the signal at Glenroy needs to be adjusted so that it doesn't hold as long. A large metal box on the right of way restricts vision of traffic to the left on Spring Road and makes it unsafe to turn right on red. Bob Davis made a motion the intersection be modified to allow right in/right out turns only by means of a 6 inch raised triangular median since that was the consensus of those at the meeting held several weeks ago. Jim Hawkins said his concern was that this issue has not been discussed by council as a group and was not prepared to vote. Mr. Hawkins said he would like to see more information including a survey of the neighborhood, accident reports and a drawing of the proposed intersection changes. After further discussion, Bob Davis made a motion this item be tabled to the next meeting. Jack Shinall seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Validate petition to annex property at 4495 South Cobb Drive - Starvin Marvin Food Store Julv 1. 1991 meeting - continued Mr. Camp read the petition for annexation of the Starvin Marvin Food Store located on South Cobb Drive and Camp Highland 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 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 certain property situated and being in Land Lots 676 and 677 of the 17th District and 2nd Section of Cobb County, Georgia, being Parcel 21, and being more particularly described as follows: BEGINNING at the intersection of the northeast right of way line of South Cobb Drive with the south land lot line of Land Lot 676, said point being the POINT OF BEGINNING, thence northeasterly 210 feet to a point, thence southeasterly 164.09 feet to a point on the northwest right of way of Highland Drive, thence southwesterly along said right of way of Highland Drive 182.83 feet to a point at the intersection of the northwest right of way of Highland Drive with the northeast right of way of South Cobb Drive, thence northwesterly along said right of way of South Cobb Drive 164.09 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/J.A. DAVIDSON Jim Hawkins made a motion the petition be validated and a public hearing set for August 5, 1991. Mr. Hawkins stated that the applicant, however, should be advised that there may be a problem with a stipulation he placed on the petition regarding the grandfathering of all existing signage. Kathy Jordan seconded the motion which carried 6-0. (B) Business license - Cobb Bonding Co., Inc. - 142 South Park Square, Suite C, Marietta, Georgia John Patterson stated that Hector Raul Cora has applied for a license to do business in the City as a bail bondsman. Mr. Cora is the owner/operator of the business and the police investigation revealed nothing to prohibit him from holding the license. Mr. Cora said his office is in Marietta and he has been in business about 5 years. He currently makes bond only in the County but has received a lot of calls from Smyrna since there are only two other companies providing this service. Mr. Cora said he does not provide bonding service in the City of Marietta because they require a $20,000 deposit and the small amount of business he would have did not make it worthwhile. Jack Shinall asked about the type of surety he would place and Mr. Cora stated he had $50,000 in Certificates of Deposit assigned to the Sheriff of Cobb County. After further discussion Jim Hawkins made a motion the license be approved. Wade Lnenicka seconded the motion which carried 6-0. (C) Approval of residential sanitation fee increases John Patterson stated that the contract with Southern States calls for a $2.00 per ton increase, from $23 to $25/ton, effective July 1st. To offset that increase it is necessary that we increase our rates $.50 per month. Our rates are generally lower than that paid by county residents and this increase will still keep our fees lower than most other cities in the county. Jack Shinall said we have negotiated a very good contract with Southern States and we if were still doing business with Cobb County we would be paying $41/ton tipping fees which would require an increase to the homeowners of several dollars a month. Mr. Shinall made a motion the residential sanitation fees be increased from $11 to $11.50 per household and apartment units from $15 to $15.50, effective July 1st. Kathy Jordan seconded the motion which carried 6-0. (D) Approval of commercial sanitation fee increases July 1, 1991 meeting - continued John Patterson stated the fixed fee contract with Chambers Development allows a 5% CPI increase annually. This contract, again, has meant quite a savings to business owners because additional rate adjustments have not been passed on to offset tipping fee increases by the county. Jack Shinall stated our commercial sanitation fees are a minimum of 25% less than others in the county are paying and in some cases the fees are as much as 45% less. The fixed fee contract does allow a 5% CPI increase each year and Chambers is requesting the increase at this time. Jack Shinall made a motion the increase be approved. Jim Hawkins seconded the motion which carried 6-0. (E) Amendments to FY91 budget John Patterson stated the 1991 budget needs to be amended to reflect transactions that have transpired since initial adoption. This adjustment will transfer $21,634 from the Contingency fund to cover unbudgeted or underbudgeted items in salaries, computer equipment, overtime pay and unemployment insurance. Jim Hawkins made a motion the amendments be approved. Wade Lnenicka seconded the motion which carried 6-0. Rrn AWAPnc- (A) Gymnasium floor covering Bill Scoggins made a motion the bid be awarded to M. Putterman Company, the high bid at $8,795. There were only two bids received and the low bid from BSN Corporation did not meet specifications. Wade Lnenicka seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: (A) Smyrna King Springs Seventh-Day Adventist Church requested permission to install a temporary building at 4061 King Springs Road. The building will be used for bible study and an existing trailer was approved approximately 3 years ago. Wade Lnenicka made a motion the building be approved with the understanding that the permit be renewed annually. Bob Davis seconded the motion which carried 6-0. CONSENT AGENDA: (A) Approval of June 3, 1991 minutes (B) Approval of June 17, 1991 minutes (C) Blocking off Sanford Street for Smyrna Pony League (D) Approval of June 27, 1991 minutes Jim Hawkins made a motion that items A, C and D be approved. Jack Shinall seconded the motion which carried 6-0. Jim Hawkins made a motion that item B, the minutes of June 17th be approved as submitted. Bob Davis seconded the motion which carried 5-0 with Jack Shinall abstaining. COUNCIL INPUT: Bob Davis asked Vic Broyles for a report on paving in the Highlands subdivision. Mr. Broyles said paving crews should be there within the next day or two. There was an error on the letter delivered to residents in the area which stated paving would take place May 22nd. Wade Lnenicka stated he hoped we cold get started soon on drainage improvement projects and called on Laurel Best for a report from the Library. Ms. Best stated they are in the process of moving to the new facilty and hope to re -open July 15th. All late payment fees will be waived during that time period. Meanwhile, the overnight book deposit on King Street will still be open. Mr. Lnenicka said the new number for the Library will be 431-2860. Bill Scoggins called on Kathy Barton for a report from Community Relations. Ms. Barton stated that B-98.5 radio station will broadcast from Smyrna on July 20th, highlighting Smyrna during Keep America Beautiful Week. Julv 1. 1991 meeting - continued Sherry Reavis reported from the Parks Department and invited everyone to the 4th of July celebration at Tolleson Park this Thursday night. Jim Hawkins said this is the largest 4th of July fireworks display in the County and asked that everyone be considerate of others and not park in yards or block driveways. Mr. Hawkins reported that our engineering and public works departments are studying the unsafe conditions on Concord Road and South Cobb at Kroger reported by a citizen at the last meeting and hopefully they will have a recommendation by the end of the week. Jack Shinall stated there are two intersection improvements in the 1% sales tax program and asked when it would be bid. Mr. Patterson said they have talked with several vendors and will make a recommendation at the next meeting. Mr. Shinall said that 4 years ago he commented that water, sewer and sanitation service cost for residents would account for the largest percentage increases in services and far exceed tax increases. The increases do not generate more revenue but are pass -through charges from Cobb County. Luckily, we have established contracts for sanitation which could save up to $2 million over the next 10 years but water and sewer rates are increased almost at will. We have already been notified that water rates will go up again October 1st. Mr. Shinall stated that recycling is another service that must be carefully considered before implementing a city-wide program. Recycling is an environmental savings but actually costs money and if we continue the program we will have to raise sanitation rates. Chief Williams reported that construction on the new fire station is well underway and reported that $1500 was recently donated by citizens over the weekend for the Georgia Firefighters Burn Foundation. Booths were set up in various shopping centers to accept donations for this worthy cause. Stan Hook reported from the Police Department. John Patterson thanked Mayor and Council for 6 years service today and said he appreciated the opportunity of working and serving with them. With no further business, meeting adjourned at 8:57 p.m. oe A. MAX BACON, MAYOR BOB DAVIS, WARD 1 r 'R 1 NYWAMMIMOMAZIKS' JORIYAN, 'WARt/ JOHN STEELY, WARD 7