July 1, 1991 Council Meeting
July 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
Legion recently sponsored a
Sudden Infant Death Syndrome
the lives of 10,000 babies
Inverness Road stated the Sons
softball tournament and raised
Foundation, a disease which is
under the age of 6 months each
Ted Farland read a
for the assistance
automobile accident.
letter of appreciation to the Public Safety departments
provided him recently after he was injured in an
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 M~D 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 ether 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
guidelines be
carried 6-0.
opposition from the audience and Bob Davis made a motion the
approved as presented. Kathy Jordan seconded the motion which
(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
stated the purpose of
intersection to allow
completely.
the area indicated they wanted to speak. Bob Davis
the hearing tonight is to consider modifying the
right in/right out only rather than close the street
Martha Walsky of 3226 Highland
and although she seldom used
neighborhood because it would
access to Spring Road.
Drive
that
only
said she did not want the street closed
intersection, thought it would ruin the
leave two other streets available for
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
council as
like to see
reports and
discussion,
Jack Shinall
said his concern was that this issue has not been discussed by
a group and was not prepared to vote. Mr. Hawkins said he would
more information including a survey of the neighborhood, accident
a drawing of the proposed intersection changes. After further
Bob Davis made a motion this item be tabled to the next meeting.
seconded the motion which carried 6-0.
FORMAL BUSINESS:
(A) Validate petition to annex property at 4495 South Cobb Drive - Starvin
Marvin Food Store
July 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
than others
as 45% less.
and Chambers
motion the
carried 6-0.
stated our commercial sanitation fees are a minimum of 25% less
in the county are paying and in some cases the fees are as much
The fixed fee contract does allow a 5% CPI increase each year
is requesting the increase at this time. Jack Shinall made a
increase be approved. Jim Hawkins seconded the motion which
(E) Amendments to FY91 budget
..."
John Patterson stated
transactions that have
will transfer $21,634
underbudgeted items in
unemployment insurance.
the 1991 budget needs to be amended to reflect
transpired since initial adoption. This adjustment
from the Contingency fund to cover unbudgeted or
salaries, computer equipment, overtime pay and
Jim Hawkins made a motion the amendments be approved. Wade Lnenicka seconded
the motion which carried 6-0.
BID AWARDS:
(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
(0) 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
as submitted. Bob
Shinall abstaining.
a motion that item B, the minutes of June 17th be approved
Davis seconded the motion which carried 5-0 with Jack
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
Ms.
July
Scoggins called on Kathy Barton for a report from Community Relations.
Barton stated that B-98.5 radio station will broadcast from Smyrna on
20th, highlighting Smyrna during Keep America Beautiful Week.
July 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.
JOHN STEELY, WARD 7
...
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