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June 4/18, 1990 Council Meeting June 4, 1990 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on June 4, 1990 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, City Engineer Ken Hildebrandt, Personnel Director Jane Mears, Fire Chief Larry Williams, Police Chief Stan Hook, Parks and Recreation Director Sherry Reavis, Communications Director Steve Ciaccio, Library Director Laurel Best, Community Relations Director Kathy Barton and representatives of the press. Invocation was given by Elijah Jones, pastor of Greater Zion Baptist Church followed by the pledge to the flag. .. Mayor Bacon recognized members of the certificates to Kevin Clack, Hassaan represented the City in the GRPA Track Meet Smyrna Track Stamps and recently held Team and presented Ashley LaBudde who in Augusta. CITIZENS INPUT: Lisa community to the second June 9th from 10:00 appreciation to the organizing this event. Whittington invited council and members of the annual Whirlygig at Rose Garden School this Saturday, a.m. to 5:00 p.m. Ms. Whittington also expressed her Parks Department for working closely with them in Jack Shinall read a proclamation to "Pause for the Pledge of Allegiance" at 7:00 p.m. (EST) on June 14, 1990 in honor of National Flag Day. Mayor Bacon Service Board June 23, 1988. presented a plaque to Ted Farland who resigned from the Civil effective today in appreciation for serving on the Board since Mayor Bacon also presented a plaque to Judge C. V. Reeves in appreciation of his 35 years service to the City as Recorders Court/Municipal Court Judge. Judge Reeves was first appointed in 1955. .... Jim and made 6-0. Hawkins read a Resolution commemorating the 25th anniversary of the Land Water Conservation Fund through the Department of Natural Resources and a motion it be adopted. Bill Scoggins seconded the motion which carried Jim Hawkins requested that item (K) be moved to the top of the agenda under public hearings. Wade Lnenicka made a motion the rules be suspended to move this variance request to the top of the agenda. Kathy Jordan seconded the motion which carried 6-0. PUBLIC HEARINGS: Variance request 3698 Alpine Drive increase maximum size allowed for accessory structure at There was no opposition from the aUClence. Jim Hawkins stated at the May 7th meeting, Mr. Ed Darby was granted a variance to reduce the side yard setback at his home for construction of a 24 x 24 garage. Mr. Hawkins said he was not able to attend that meeting but had talked with Mr. Darby about the variance. Mr. Darby thought the variance approved May 7th was for the side setback and size of the building as well and thought he had applied for both, but this request was inadvertently omitted from the application. Mr. Darby had letters from both neighbors stating they had no objections to the garage. Jim Hawkins made a motion the variance be granted for Mr. Darby to allow him to vary from Section 501.1 dealing with the maximum size allowed for accessory structures. Kathy Jordan seconded the motion which carried 6-0. -- (A) Privilege license Spring Road package beer and wine sales for Quik Trip, 2671 John Patterson stated that Quik Trip has purchased the property at the corner of Spring and Hargrove where Mighty Casey's is presently located and they are applying for a license allowing sale of packaged beer and wine. Mr. Douglas P. Cussimanio will be the agent for this location and currently holds the license for the South Cobb Drive location. The police investigation was favorable and there was no opposition. June 4, 1990 meeting - continued Mr. Cussimanio stated he has held the license for Quik Trip at the South Cobb Drive location for the past 3 1/2 years. During the recent sting operation there was one incident of sales to a minor but that employee was dismissed. Mr. Cussimanio said that had caused them to take advantage of any training programs that were available to them and they worked hard to find the best employees in the business. Mr. Cussimanio said he is also the training manager for Cobb County. After further discussion Wade Lnenicka made a motion the license be approved. Bill Scoggins seconded the motion which carried 6-0. Jack Shinall stated this is a new location which meets all distance requirements. (B) Privilege license package liquor, beer and wine sales for Mr. "T" Bottle Shop, 1184 Concord Road ... John Patterson stated that Mr. Edward Thomas has applied as the new owner to hold the package license for Mr. "T" Bottle Shop, formerly Wayne's Package Store. The police investigation was favorable and there was no opposition. Jim Hawkins stated this application was tabled from the last meeting when it was pointed out to Mr. Thomas that there were two homes within the 200 foot radius of this location. Although council is not bound to grant the license, Mr. Thomas was given the opportunity to obtain the waivers from those property owners before voting on the application. Mr. Thomas said he obtained a letter from Mr. Scoggins who owns one of the parcels but was unable to obtain a letter from Mr. Baldwin although he had made several attempt to contact him. Jack Shinall asked if Mr. Baldwin had signed a waiver for the original license and Mr. Thomas said he had. Mr. Thomas stated he was already licensed in Cobb County and worked at the American Legion on Atlanta Road. After further discussion Jim Hawkins made a motion the license be denied due to the fact that the location does not meet minimum distance requirements trom residential property, seconded by Jack Shinall. John Steely said he could not support the motion because he had a problem with Mr. Baldwin signing a waiver on the original license and not signing this one since there is no change in the type of operation. Wade Lnenicka also said he was concerned about the reasons as to why Mr. Baldwin did not sign the waiver because there is no difference in the type of business operation and did not ... see any reason to deny the application. After further discussion vote on the motion failed 2-4. John Steely then made a motion the license be approved as requested. Wade Lnenicka seconded the motion which carried 4-2 with Jack Shinall and Jim Hawkins opposed. (C) Annexation of property at 545 Concord Road John Patterson stated property at 545 Concord of the May 7th meeting three opposed who were representing her. that Wanda Lee Hanson has requested annexation of her Road. The legal description was read into the minutes and advertised for public hearing tonight. There were sworn in along with Ms. Hanson and David Toole John Steely stated he had no problem with the annexation of this property and asked to hear from the opposition. Carter Pierce of 457 Concord Woods Drive stated he was opposed because he did not want his home annexed into the City and was afraid that may be the next step. John Steely said we are not forcing anyone to annex and have no plans to do so. Beatrice McCart of 500 Concord Woods Drive stated she was opposed because she did not know what type of business would be there. The house next to her has had a business sign in the front yard for about 2 years and Mrs. McCart said she has complained about it many times to the county but cannot get it moved. ..", Nathaniel Merritt of 501 Concord Road said he was opposed primarily because of the commercial zoning and felt this was still a residential street. Mr. Merritt said he has problems now getting in and out of his driveway since his house faces Concord Road. June 4, 1990 meeting - continued After further to become a 6-0. discussion, John Steely made a motion the property be annexed part of Ward 7. Jim Hawkins seconded the motion which carried (D) Rezoning of property at 545 Concord Road from R15 to Limited Commercial John Patterson stated property to Limited raised their hands in still under oath. that Ms. Hanson is also requesting the rezoning of this Commercial for professional office use. The same group opposition and were reminded by Mr. Camp that they were Ms. Hanson said this is now a rental house which will be vacant after tomorrow. At one time they had a chiropractor lined up to lease the property ... but because of the delay in getting the house ready, they had found another location. Ms. Hanson said the Planning and Zoning Board had recommended several stipulations and they had agreed to those. Mr. Toole also pointed out that the Cobb County long range land use plan would allow a 3 story office building in this area. Mr. Merritt again stated he was opposed because of the added traffic. Mr. Toole said the type of tenants they are seeking will not generate a lot of traffic, probably no more than 2 or 3 cars will be at the office during normal business hours. Wade Lnenicka said he could appreciate the concerns about protecting the integrity of a residential neighborhood but felt it would be difficult to keep the homes on Concord Road residential. Mr. Lnenicka said he would be opposed to any zoning that encroached further into the Concord Woods area but felt this zoning would be appropriate and thought the restricted use of the Limited Commercial category would also serve as a buffer. Mr. Carter Pierce again said he was opposed because of the traffic and especially was concerned for the safety of school children since his child had been hit by a car at that intersection. After further discussion John Steely made a motion the zoning be approved with the following stipulations: ... 1) No curb cuts on Concord Road 2) No overnight parking of vehicles or equipment 3) Required paving be put in place 4) The existing 6 foot fence on the rear property line remain in place and if removed, that another buffer be placed to coincide with the City ordinance. Wade Lnenicka seconded the motion which carried 6-0. (E) feet Variance to reduce front yard setback at 545 Concord Road from 50 to 45 John Patterson stated that Mr. John Toole is requesting a variance on this property to reduce the front yard setback from 50 to 45 feet. The same group stated they were opposed but did not wish to speak. John Steely said that this variance was required because of the road frontage required from the property when Concord Road was widened and made a motion the variance be approved. Kathy Jordan seconded the motion which carried 6-0. (F) Annexation of 5.93 acres on Oakdale Road and Watkins Road ... John Patterson annexation ot includes the Watkins Road. meeting and opposition. stated that Mrs. Ora Green and Mrs. Violet Gann have requested this property totaling 5.93 acres. This annexation also Oakdale Road right of way from the railroad tracks south to The legal description was read into the minutes of the May 7th was advertised for a public hearing tonight. There was no John Steely made a motion the property be annexed into the City and made a part of Ward 7. Wade Lnenicka seconded the motion which carried 6-0. (G) Rezoning of property at 1310 Concord Road from R15 to Limited Commercial John Patterson stated that Dr. Michael Haley is requesting this rezoning to June 4, 1990 meeting - continued relocate his dental office. The property is located at the corner of Concord Road and Dunton street. There was no opposition. Dr. Haley said he had just purchased the property and wanted to move his existing office on Concord to this location. The house will require extensive renovation which will take about 6 months to complete. Dr. Haley said they would use the curb cut from Dunton street and would not request an additional curb cut on Concord Road. There is an existing fence on the back of the property and there was some concern from the adjoining neighbor about extending the fence closer to the street because it would affect the visibility, but Dr. Haley said he was agreeable to whatever the owner requested in terms of maintenance or extending the fence. After further discussion Jim Hawkins made a motion the zoning be approved ..- with the following stipulations: 1) No curb cuts on Concord Road 2) The fence on the back property line be maintained in its present condition or added to as indicated tonight 3) No left turn sign be posted at the exit of this property, going onto Dunton street Jack Shinall seconded the motion which carried 6-0. (H) Variance to reduce front setback from 50 to 29 feet and side setback from 33.3 to 30 feet at 1310 Concord Road John side just Patterson stated that Dr. Haley is also requesting a variance on the and front setback for this property in conjunction with the rezoning granted. There was no opposition. Dr. Haley said the requirements and the property donated for the variances would be existing house on this property does not meet setback front setback variance is due primarily because of the the Concord Road widening. Dr. Haley said he understood for this building only. Jim Hawkins made a motion the variances be approved as requested. Bill Scoggins seconded the motion which carried 6-0. ... (I) Rezoning of property at 3020 Atlanta Road from Future Commercial to Limited Commercial John Patterson stated that Mr. Sham Kapur is requesting the rezoning of this property at the corner of Atlanta Road and Quarles Avenue. Professional Consulting Services, Inc. has used the property for a business for several years and approximately one year ago, Mr. Kapur bought the property with the understanding that is was zoned for office use. City records, however, do not indicate that the property was ever properly zoned to conform with current use. There was no opposition. Mrs. Kapur represented her husband and stated PSC has been operating at this location for about the last 10 years. There were several stipulations recommended by the Planning and Zoning Board and they had agreed to those. Wade Lnenicka stated that this property became commercial several years ago but the zoning map was not changed to reflect the use. This zoning is not meant to change the current use but will correct the zoning map and records. Wade Lnenicka made a motion the zoning be approved from Future Commercial to Limited Commercial with the following stipulations: 1) That the buffer and grounds be maintained on a regular basis 2) On the west side of the property (rear) that red tips be planted, similar to what the Kapur's have done on their property at 3016 Atlanta Road. ... Bill Scoggins seconded the motion which carried 6-0. (J) Amendments to Charter - Sections 30, 35, 35(a), 36, 38, 39, 40 John Patterson stated these amendments to the Charter are required in order for us to comply with recent changes in State law. The amendments, as summarized below, have been advertised for a public hearing tonight. June 4, 1990 meeting - continued Section 30 beverages in entirety. This section the City of which Smyrna prohibits the sale of intoxicating will be repealed and deleted in its Section 35 This revision changes the terms of "police court" to "municipal court"; also changes punishment of offenders. Section 35(a), 36, 38 and 39 - Changes the terms of "recorders court" and "recorder" to "municipal court" and "municipal court judge." Section 40 - Revises the appeal procedure from the Board of Councilmen to the Superior Court of Cobb County in accordance with the Official Code of Georgia. .. There was motion the carried 6-0. no opposition or comments from the audience and Jim Hawkins made a amendments be approved. Jack Shinall seconded the motion which FORMAL BUSINESS: (A) Certification of Civil Service Election - set runoff date John Steely stated an election was held June 1st by the members of the Police and Fire departments to fill the posJ_tion vacated by Ted Farland on the Civil Service Board. A run-off is required, with Walt Hendry receiving 30 votes, Hugh K. Watson 24 votes, Sam Whitfield 17 votes and Wink Winkenhofer 30 votes. John Steely election set 6-0. made for a motion June 8th. the election results be accepted and a runoff Kathy Jordan seconded the motion which carried BID AWARDS: Nothing to report. COMMERCIAL BUILDING PERMITS: (A) Choates Construction requested a building permit for new construction at ... 5040 Highland Parkway at a total estimated cost of $1,709,212. John Steely made a motion the permit be approved. Jim Hawkins seconded the motion which carried 6-0. A representative from Choates Construction was present and Jack Shinall requested that their construction trailer be moved further away from the roadway. CONSENT AGENDA: (A) Approval of minutes - May 7 & 21, 1990 Wade Lnenicka made a motion the consent agenda be approved. Bill Scoggins seconded the motion which carried 6-0. COUNCIL INPUT: Wade Lnenicka stated there would be a Friends of the Library membership meeting this week and invited everyone to attend and participate. Laurel Best reported on the summer reading program. Bill Scoggins Dunn street Department for read a letter that he had commending Michelle Beavers the good job they do for the received from several residents on and Ann Pelrose in the Parks City. Sherry Reavis reported Jonquil Park will soon drainage problem. on be parks activities and stated the soccer fields at playable but they are still trying to correct a .... Kathie Barton reported have collection bins place at different sites on the recycling program and stated she hopes to soon for glass, plastics and all recyclable materials in throughout the City. Jim and of the Hawkins a lot non-city committee said the recycling center on Smyrna Hill Drive is very impressive of people are using the facility on the weekends. There are a lot residents also who use the center and Mr. Hawkins suggested that look into a fee of possibly $2 to help defray operating cost. John Steely said he has recently received a lot of complaints about barking " June 4, 1990 meeting - continued dogs from residents in his ward. Our ordinance now requires complaints from residents of two separate households before a citation can be issued. Mr. Steely said we need to revise our barking dog ordinance to allow for stronger enforcement. Mayor Bacon congratulated Jeff Wilson from Smyrna High School who was honored by the Marietta Daily Journal for making the first team on the all star baseball squad and Jason Motter for making the second team. 2~4S' A. MAX BACON, MA~JR meeting adjourned at 9:12 p.m. .... II JO June 18, 1990 The regularly scheduled meeting of Mayor and Council was held June 18, 1990 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 Jack Shinall who was out of town on business. 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, Public Works Director Vic Broyles, Fire Chief Larry .... Williams, Communications Director Steve Ciaccio, Finance Director Emory McHugh, Police Major Kent Sims, City Engineer Ken Hildebrandt, Personnel Director Jane Mears, Police Chief Stan Hook and representatives of the press. Invocation was given by Reverend John Creech, pastor of Welcome All Baptist Church. Mayor Bacon introduced Lynda Coker, State Representative candidate for the seat formerly held by Johnny Isakson; Kip Klein State Representative candidate for the seat formerly held by Johnny Gresham; Gary Andrews, candidate for the Georgia Court of Appeals and Doug Wrege, candidate for the School Board Post 6. Mayor Bacon also introduced Senator Hugh Ragan who is running unopposed this year. CITIZENS INPUT: W. T. Waters, a Bank Street resident said he knew the proposed tax increase on the agenda tonight would be approved but felt the budget approval should also include a 15% salary increase for Police and Fire employees, retroactive back to the first of January. Sue Brissey stated she had been a long time supporter of the Police and Fire employees and also felt they should be given salary increases. Officer John Sparks and Lt. Curtis Cook of the Police Department objected to the proposed adjustments to the pay plan which would effectively raise starting salaries only and cause a newly hired patrolman to make the same as a patrolman with 2 years service. .... PUBLIC HEARINGS: (A) privilege license - South Cobb Package, 2415 South Cobb Drive - liquor, beer and wine package sales John 2415 Ms. has Patterson stated that Terri R. Anderson had applied for a new license at South Cobb Drive allowing the sale of packaged liquor, beer and wine. Anderson has been given a copy of the alcoholic beverage ordinance and indicated that she understands, and will abide by them. The police June 18, 1990 meeting - continued investigation was favorable and there was no opposition. Attorney Kelsey Ellis represented Ms. Anderson. Ms. Anderson stated although she has never held a license in her name, she has worked in retail stores where alcoholic beverages were sold and is familiar with our ordinance. Kathy Jordan stated the survey indicated a private residence within 200 feet of this location but it is zoned General Commercial on our zoning map. Mr. Camp said if the house is being used as a residence it is apparently grandfathered and the distance requirement would not be applicable. Mrs. Jordan asked if they would sell single drinks. Ms. Anderson said she had not considered sales of single cans and wanted a professional, quality business. Based on her previous experience she would also have a very strict policy ... about carding customers to prevent any sales to minors. Mrs. Jordan also asked that special attention be paid to the outside of the premises and that it be kept clean and free or debris. After further discussion, Kathy Jordan made a motion the license be approved. Bill Scoggins seconded the motion which carried 6-0. (B) Business license request - Arrow Cab Company, 588 Chamberlin Circle, Marietta John Patterson stated that Sandra Martinez and M. E. Hill have requested a license as owners and operators of Arrow Cab located at 588 Chamberlin Circle in Marietta. While located in Marietta, the license must be obtained before they can pick up customers in the City. There was no opposition. Ms. Martinez said she understood this was a privilege license and would agree to operate within the rate schedule established by the City. Their current rates are $1 for the starting fee and $1 per mile. All vehicles will be e parked at their office in Marietta when not in service. Jim Hawkins made a motion the license be approved as requested. John Steely seconded the motion which carried 6-0. (C) Approval of 1991 budget - John Patterson said the 1991 budget is in excess of $20 million, approximately a 14% increase over last year's budget. There are a number of positive steps in this budget, continuing in the tradition established 3 years ago when this council established a strategic plan. This budget has been labeled the "year of public safety" and includes 11 new police officers, 9 firefighters, new fire station, rescue equipment, SWAT equipment, additional radar units and equipment for the STEP units, etc. Jim Hawkins stated council has been involved in budget hearings since January. There is probably no one on council that totally agrees with every phase of the budget but this is a compromise of several different points of view. This is a balanced budget totaling $23,307,018 and will be the most long-reaching budget adopted since 1977 which will affect us for years to corne. Several years ago, council defined their priorities and made a commitment to revitalize the downtown area and to provide the finest service available in the county, including water and sewer, fire, police, sanitation, library, etc. We have made significant improvements in the fire, police and communications department and other departments as well. Mr. Hawkins said last year it was his hope that we could move forward with the downtown development project without a millage increase. During the past year, however, every source of income was studied for possible increases that would avoid any additional impact on the homeowner. We have raised some fees and could move forward with the downtown development project without a millage increase, but it would not allow funds to fulfill the other commitments. - Part of the commitment made was to keep city employees competitive in salary to the surrounding areas and our Personnel Director was asked to prepare a comprehensive salary study of every job classification in the City. Mr. Hawkins said he found out today that word had gotten out that a 15% across the board increase was proposed but assured everyone that there was never any discussion or consideration for an increase such as that. In the study presented by Mrs. Mears, some of the classifications would have received no June 18, 1990 meeting - continued increase, while others would have received 5%, 10% and some at 20% to bring them within the average pay range for the metropolitan area. The decision was to implement the new ranges to allow more years to receive merit raises before top out. However, only those employees at a current salary less than the entry level of the new pay grade will receive any increases. The 2 1/2 percent longevity pay that has been in effect since about 1978 will no longer exist. That is being replaced by a bonus of $30 per year (increased from $10 per year) for every year of service for employees who are topped out. Salaries will be capped at the top of each range and those employees will not receive any increase to their salary until they are promoted and are in a higher range at lower than the "P" step of the reclassification, or the ranges are moved up with future pay plan adjustments. Mr. Hawkins said the Finance Committee is also recommending a millage ... increase from 10.60 to 12.10 mills and made a motion the total budget of $23,307,018 and the increased millage rate of 12.10 be approved. Ron Waddell of the Smyrna Police Department also urged council to change their mind regarding the salary issue for employees and especially in the Police and Fire departments. Kurt Schulzke of Spring Drive said tonight he had gained an appreciation for the position of the Police Department on some aspects of the budget and wanted them to know that he sincerely appreciated the work they do. Mr. Schulzke said he deplored the market system that was the cause of the inequities in our pay scale and the Council was not responsible for that problem; it is a problem in society as a whole. Mr. Schulzke said he applauded the efforts of council to bring the downtown redevelopment project to fruition which would benefit citizens for many years to come and appreciated the long term investment they were willing to make. Mr. Schulzke encouraged council to move forward with approval of the budget and also look closely at the inequities in the City pay scale. Bill Scoggins seconded the motion to approve the budget. Wade Lnenicka stated the recent tax reassessments by the county has impacted some of the homes in his ward significantly, on top of which we are now proposing a tax increase. A tax increase is difficult and a commitment was ... made several years ago to remain competitive in salaries with our cities. We have already addressed a compression issue and increased many salaries. We want to continue doing that but it should be done on merit rather than seniority. We could complete the downtown project without a millage increase by eliminating some of the other projects but they need to remain in our budget. Smyrna has been identified as being number 4 in the State in DUI related accidents. We need the funds that were allocated for the DUI task force, crime prevention unit, SWAT equipment, rescue units and others that could also be the cause of the millage increase. Council is committed to the downtown development and to the millage increase to follow through with the other projects. Mr. Lnenicka said he strongly supported the budgets. Kathy Jordan and Bill Scoggins said they also supported the budget and had sacrificed other projects to fund those requested for in the Police Department. John Steely said the budget had been increased over $700,000 and it was done solely to benefit the Police Department and would support the motion. Jim Hawkins stated the homestead exemption for senior citizens and those disabled was increased to $10,000 effective this tax year and those that have filed for this exemption should not receive any increase on their bill and if their homes were not re-assessed by the county, they will probably realize a decrease. Mayor Bacon thanked John Patterson and his staff for preparing the budget as well as the Finance and Administration committee. Jack Shinall could not be here tonight but he also supported the budget. Vote on the motion to adopt the 1991 budget and millage rate carried 6-0. ... FORMAL BUSINESS: (A) Certification of Civil Service Election John Steely said the runoff election for the Civil Service Board member was conducted June 8th with Wink Winkenhofer receiving 79 votes to Walt Hendry's June 18, 1990 meeting - continued 29 votes. John Steely made a motion the election results be certified. Jim Hawkins seconded the motion which carried 6-0. Mayor Bacon administered the oath of office to Mr. Winkenhofer for this term which will expire in July, 1994. (B) Approval of ordinance to establish 911 user fees John Patterson stated a recent state law now allows a fee of up to $1.50 per month through subscriber billing to telephone customers to help fund the 911 centers for salaries, training, maintenance, etc. Southern Bell will collect the money from their subscribers and distribute to the cities and counties on a quarterly basis. Cobb County has announced that they will seek the $1.25 ... fee and Smyrna therefore, will be required to comply since differing charges for this services are not permitted. John Steely read the proposed ordinance as follows and made a motion it be adopted. ARTICLE II. EMERGENCY TELEPHONE NUMBER 911 SERVICE Sec. 9-20. Levy and Scope There is hereby levied and assessed a monthly charge to be established by Mayor and Council and on file in the office of the City7y Clerk, per exchange access facility provided to every telephone subscriber within the City of Smyrna or served by the City of Smyrna. This charge is authorized by Official Code of Georgia Section 46-5-122, et seq. Sec. 9-21. Penalty Any subscriber failing to pay such charge is subject to by the City of Smyrna, including reasonable costs associated with the collection action. a collection action and attorney fees It is hereby declared to be the intention of this ordinance that its sections, paragraphs, sentences, clauses and phrases are severable, and if any section, paragraph, sentence, clause or phrase of this ordinance is declared to be unconstitutional or invalid, it shall not affect any of the ... remaining sections, paragraphs, sentences, clauses or phrases of this ordinance. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. This ordinance shall become effective upon approval, subject to Georgia laws 1983, page 4119. The effective date of the implementation of the charge referenced herein shall be one hundred twenty (120) days after the effective date of this ordinance, as determined herein. Kathy Jordan seconded the motion to approve the ordinance which carried 6-0. BID AWARDS: Nothing to report. COMMERCIAL BUILDING REPORTS: Nothing to report. CONSENT AGENDA: (A) Approval Authority (B) Approval to (C) Approval of (D) Approval to (E) Adjustments of conveyance of property from city to Downtown Development abandon portion of Woodland Terrace at dead end 3-year CDBG agreement between city and Cobb County purchase inserter and feeder machine to FY90 budget ... Kathy Jordan made a motion the consent agenda be approved. Wade Lnenicka seconded the motion which carried 6-0. COUNCIL INPUT: At the request of Bob Davis, Ken Hildebrandt reported on the progress of the light synchronizations along the Concord Road corridor. This is a computerized system which will be controlled by the City after completion and should greatly improve traffic flow. Wade Lnenicka gave a report from the Library and stated the drainage problems identified several months ago in a meeting with Vinings Glen residents are being corrected and asked for their patience until all the problems can be resolved June 18, 1990 meeting - continued Mr. Lnenicka said he was proud of the city staff members and department heads that prepared the budget and also appreciated the support of the citizens. Kathy Barton reported on Clean City activities and thanked Smyrna Hospital for adopting the front lawn at City Hall for maintenance and plantings. Jim Hawkins said he had realized in talking with different employees over the last few months that many did not realize they were on a step and grade system and many assumed they were going to receive a 15% increase. The pay scale that has been adopted will allow them to make more money over a period of time and council is putting more pressure on the department heads to make their employees aware that we are on a merit system and not a seniority system. Mr. Hawkins said he would like to have the old and new pay ranges posted for the employees to see and would also like to have John Patterson --- and Jane Mears to meet with each department to explain the plan that was adopted tonight. Kathy Jordan said she attended a retirement party last Saturday night for Hubert Cochran and wished him well. John Steely said he was a little surprised with the number of police officers here tonight because that department will receive about $700,000 of the $800,000 generated from the millage increase. Mr. Steely said when he first was appointed to that committee he realized there were many programs that were needed in the Police Department and would not have voted for the budget tonight if those had not been included. Mayor Bacon introduced Kathy Scott, candidate for the Eastern District commission seat now held by Thea Powell. Mayor Bacon stated that next week at the Georgia Municipal Association annual convention, the City would receive the 1990 Innovations Award for our downtown revitalization. With no further business, meeting adjourned at 9:18 p.m. /~ ...., J~~~ (JO~N _,ELY, WARD 7 '" ...