09-03-1991 Regular MeetingSeptember 3, 1991
The regular scheduled meeting of Mayor and Council was held September 3, 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 except
for Bob Davis. Also present was City Administrator John Patterson, City Clerk
Melinda Dameron, City Attorney Charles E. Camp, Public Works Director Vic
Broyles, Police Chief Stan Hook, Personnel Director Jane Mears, City Engineer
Ken Hildebrandt, Library Director Laurel Best, Finance Director Emory McHugh,
Fire Chief Larry Williams, Community Relations Director Kathy Barton, Parks
and Recreation Director Sherry Reavis and representatives of the press.
Invocation was given by retired pastor York Chambless followed by the pledge
to the flag.
Jim Hawkins read a proclamation for Bills Restaurant Week, recognizing their
30th anniversary and presented it to owners Bill and Joann Dunton.
CITIZENS INPUT: Sue Brissey said she had received no response from the City
about the cars parked at the old Zayres parking lot that she reported last
meeting. Jack Shinall said the cars were owned by Park and Pawn which has
relocated across the street to South Cobb Drive. They have also purchased a
business license for automobile sales and are in compliance. Mrs. Brissey
also presented a list of 10 locations in Smyrna that are in violation of the
code by having signs still in place after going out of business.
PUBLIC HEARINGS:
(A) Privilege license - beer, wine and liquor pouring for Black -Eyed Pea,
2590 Spring Road
John Patterson stated that Prufrock Restaurants, Inc. has applied for a
pouring license for Black -Eyed Pea Restaurant, to be constructed at 2590
Spring Road. Mr. Charles Dickens will be the agent during the construction
period, but the license will later be transferred to someone more closely
affiliated with the day to day operations. Attorney Tom Harbert represented
Prufrock and Charles Dickens. There was no opposition.
Mr. Harbert said construction has not yet begun on the new location but if
the permits are approved they planned to start building as soon as possible
after closing on the purchase of the property. Attorney John Robinson said
their practice previously has been to begin construction with 30 days after
the property is purchased, and be completed within 120 days.
Jack Shinall stated the license, if approved, would be issued specifically to
Prufrock and was not meant to grandfather this new location for any other
establishment that may want to purchase the property and serve alcohol. Mr.
Robinson said it was not the company's practice to transfer contracts and it
was their desire to purchase and build on this site.
Mr. Harbert said Black -Eyed Pea is a family style restaurant and 950 of their
revenue is generated from food sales. There are 70 to 80 other restaurants in
the Udited States.
Mr. Dickens said he would hold the license only until the restaurant is
complete but had reviewed the ordinance so that he would be familiar with it.
Bill Scoggins made a motion the license be approved as requested with the
stipulation that there will be no outside advertising of alcoholic beverages.
Jack Shinall seconded the motion which carried 6-0.
(B) Rezoning request - 1020 Concord Road from Future Commercial to General
Commercial
Jim Hawkins made a motion the zoning request be tabled to the next meeting.
Jack Shinall seconded the motion which carried 6-0.
(C) Annexation of M. Porter Campbell property on South Cobb Drive, south of
Cooper Lake Road
There was no opposition to the annexation request. The legal description was
read into the minutes of the August 5, 1991 meeting and Wade Lnenicka made a
motion the property be annexed and made a part of the new Ward 6. Pete Wood
seconded the motion which carried 6-0.
September 3, 1991 meeting - continued
FORMAL BUSINESS:
(A) Set qualifying dates for election and appoint Linda Smith as Election
Superintendent
Jim Hawkins made a motion that qualifying for the November 5, 1991 election
be open from September 16 through 18 during the hours of 8:00 a.m. to 5:00
p.m. Jack Shinall seconded the motion which carried 6-0.
Jim Hawkins made a motion that Linda Smith be appointed as Election
Superintendent. Jack Shinall seconded the motion which carried 6-0.
(B) Approval of change order #4 - J. A. .Jones Construction Company
John Patterson said this is the final change order from J. A. Jones for the
new construction. There are 40 items on the change order for a total net
decrease of $112,000. Mr. Patterson said this change order will put us
$68,000 under budget for the entire project.
Jim Hawkins made a motion the change order be approved. Kathy Jordan seconded
the motion which carried 6-0.
BID AWARDS:
(A) Copy machine for Community Development
Wade Lnenicka made a motion the bid be awarded to Accusystems, the low bidder
for a Panasonic model 3270 at $6,757. Bill Scoggins seconded the motion which
carried 6-0.
COMMERCIAL BUILDING PERMITS: Nothing to report.
CONSENT AGENDA:
(A) Approval of August 19, 1991 minutes
(B) Re -schedule auction to September 28, 1991
(C) Surplus equipment for auction
Kathy Jordan made a motion the consent agenda be approved. Wade Lnenicka
seconded the motion which carried 6-0.
COUNCIL INPUT: Wade Lnenicka called on Vic Broyles for a report on drainage
improvement projects, still delayed because of rain.
Laurel Best gave a report from the Library and stated their circulation is up
29% from last year. At the last meeting, council adopted the non -user fees
and since that time, four individual cards and three family cards have been
sold.
Bill Scoggins called on Sherry Reavis and Kathy Barton for reports.
Jim Hawkins stated that city tax bills will be mailed this week.
Jack Shinall asked if the delinquent water bill at Heritage Pointe apartments
had been paid. John Patterson said the attorneys had met on Friday and we are
trying to resolve this issue. The newspaper article was somewhat misleading
because they are not 18 months past due. There are special requirements that
must be met in multi -family developments before utility service can be
discontinued for non-payment.
Jack Shinall called on Vic Broyles again for a report. Mr. Broyles said they
are still paving under the 1% tax program and Community Development Block
Grant program but the State Grant funds are depleted. Mr. Shinall said from
reports he has received, it appears that future State LARP funds are also in
jeopardy.
Jack Shinall also reminded the citizens that the Community Center and Library
were built to serve the community but the people who utilize the facilities
must follow the rules if they expect to continue using them.
Kathy Jordan called on Larry Williams for a report on construction of the new
fire station.
September 3, 1991 meeting - continued
Ms. Jordan asked that a list of the surplused items be made available to the
public before the auction September 28th.
Pete Wood called on Stan Hook for a report from the Police Department.
With no further business, meeting adjourned at 8:17 p.m.
- 414A A
A. MAX BACON, MAYOR MELINDA Dr
BOB DAVIS, WARD 1