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July 2/16, 1990 Council Meeting July 2, 1990 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on July 2, 1990 at Smyrna City Hall. The meeting was called to order at 7:30 p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Community Relations Director Kathy Barton, Library Director Laurel Best, Police Chief Stan Hook, Parks and Recreation Director Sherry Reavis, City Engineer Ken Hildebrandt, Fire Chief Larry Williams, Public Works Director Vic Broyles, Personnel Director Jane Mears, Communications Director steve Ciaccio and representatives of the press. Invocation was given by Paul Hanson, pastor of Our Saviour Lutheran Church followed by the pledge to the flag. ... David Morrow with the Georgia Municipal Association presented a plaque and check for $1,000 to the Mayor and Council as recipients of the 1990 Innovations Achievement Award at the GMA Convention in June. The City received the award in the 25,000 to 50,000 population category for its downtown revitalization plan. Mayor Bacon recognized Senator Hugh Ragan; Ann Brady, Tom Harper, and Doug Wrege, School Board candidates. CITIZENS INPUT: Sue Brissey complained of illegal political signs throughout the City and asked if all the candidates had posted bond. Mrs. Brissey said a recent newspaper stated that several of our police officers may resign and asked if any thought had been given to reconsidering the pay raises for employees. Jim Hawkins said they had agreed to meet with representatives from each department to receive their input and to explain the pay plan in detail. Mrs. Brissey asked about construction plans for the new fire station which was budgeted several years ago. Mayor Bacon stated the money is still in the budget for the new station and we have been trying to locate property suitable for development. ... Sherry Silhavey stated she worked in Smyrna although she did not live in the city and was also concerned that salaries for our older police officers were being topped out. Jim Hawkins said we did put a cap on every salary, but they would never be maximized because council is committed to remaining competitive with other cities and private industry to ensure that we do not fall behind. Jack Shinall last year, on employees is year. stated that individual salaries increased about 4.9% or less a Nation-wide average. The average pay increase for city 5% and that is the raise that most of them will receive this Greg West stated that he was driving on Windy Hill Road today and his windshield was shattered by a golf ball from Fox Creek. When he went to the clubhouse, he was told that the person who hit the ball was responsible and not the golf course. Mr. West said he was upset that no one would assume responsibility for the damage to his car. Mr. Camp said the City cannot assume any liability because we lease the property to the concessionaire and they run the operations. Mayor Bacon said the Department of Transportation had required them to place nets along Windy Hill Road and the lease agreement did not address this particular situation. Mayor Bacon asked Mr. West to contact his office tomorrow to get the name of the person he should contact at Fox Creek. ... PUBLIC HEARINGS: (A) Variance request to allow additional business sign at Concord Corners Shopping Center for Po Folks Restaurant John Patterson stated that Richard Pratt is requesting a variance to allow an additional free standing business sign at Concord Corners Shopping Center at 821 Concord Road. Po Folks has lost their lease at their current location at the corner of South Cobb and Concord and will be moving to the shopping center. There was no opposition. Mr. Pratt said they have been in business for 10 years and feel they need the July 2, 1990 meeting - continued additional will be The sign board. signage for South Cobb Drive exposure. If approved, the new sign at the west end of the shopping center behind Georgia Federal Bank. will be 100 square feet total including the main sign and reader Jim Hawkins asked Mr. Pratt if they could combine their sign with the existing shopping center sign. Mr. Pratt said they would prefer another sign to keep their separate identity from the other tenants. Rob Berry, owner of Concord Corners stated he had agreed to reduce the size of the existing shopping center sign down to 100 square feet since Po Folks will be leasing about 35% of the total center, leaving only 5 or 6 shops. Po Folks will be their anchor tenant and they will change the name of the center to Po Folks Center, with the two signs about 120 to 150 feet apart. The ... existing sign has a 4 x 8 reader board and the new sign would be approximately a 2 x 8 marquee type for the other tenants. The square footage of the existing sign will be reduced by removing the Concord Corners sign. During discussion, John Patterson said the reader board does not count as coverage area of the sign; it is separate. Therefore, their current sign is considered to be 84 square feet and could be reduced to 68 square feet. Jim Hawkins made a motion the variance be approved for Po Folks to build a second sign at 821 Concord Road with a stipulation that the existing sign for Concord Corners be reduced to 68 square feet. John Steely seconded the motion which carried 6-1 with Wade Lnenicka opposed. FORMAL BUSINESS: (A) Approval of Unemployment Compensation Management Service - ADP John Patterson stated that unemployment compensation management is a difficult task given complexities of State and the amount of paperwork involved and last year the City spent $7,500 in unemployment claims. ADP provides this service for a fee of $1,800 per year to represent the City in claims administration and unemployment hearings. They will also conduct audits of the claims assessed to the City to eliminate any ineligible cost and also generate reports to reflect our unemployment activity to assist in analyzing trends in the City. This year we have budgeted $8,500 in .., unemployment compensation expenses and it is expected that we can save from $5,000 to $5,500 by using the ADP service. Jim Hawkins made a motion the unemployment compensation management service agreement with ADP be approved for one year at a fee of $1,800. Wade Lnenicka seconded the motion which carried 7-0. (B) Approval to increase penalty on delinquent taxes John Patterson stated the State now allows a 10% penalty on delinquent taxes and it is recommended that we increase our fees from 5% to 10% for taxes that are delinquent more than 90 days. Jim Hawkins stated this legislation was passed in 1986 to allow the increase with an exclusion of ad valorem taxes of $500 or less assessed on homestead property. Mr. Hawkins made a motion the increase to 10% be approved with the $500 exclusion which will help those on fixed incomes. Bill Scoggins seconded the motion which carried 7-0. (C) Approval of right of way swap between city and Dorine Copeland Dunn - Fuller Street and Powder Springs Street John Patterson stated the Dunn's have allowed the City to encroach upon their property in order to widen Powder Springs Street at the curve and in consideration for the property they have given, we will exchange some property bordering on their western property line which is of no use to the City. .., Bill Scoggins the right of Collaborative carried 7-0. made way dated a and May motion the right of way swap be approved as shown on easement plat prepared by Planners and Engineers 7, 1990. Wade Lnenicka seconded the motion which (D) Appointment to Housing Authority - Ward 2 July 2, 1990 meeting - continued Wade Lnenicka stated that Bob Arnold had resigned from the Housing Authority effective June 30, 1990 and made a motion that Rowland Davidson be appointed to fill the unexpired 5 year term. Bob Davis seconded the motion which carried 7-0. (E) Approval of commercial sanitation fee increase John Patterson stated that 18 Development was approved for 5 The only increase allowed was for This will be the first increase requesting the 5% increase. months ago the contract with Chambers years, providing for commercial collection. the consumer price index, not to exceed 5%. as provided by the contract and Chambers is ... Jack Shinall stated we were allowed the first 18 months with no increases at all, but we can probably expect a 5% increase for the remainder of the contract and made a motion the commercial sanitation rates be increased 5% as provided by the contract with Chambers Development effective July 1st. Kathy Jordan seconded the motion which carried 7-0. (F) Approval of sanitation fee increase for apartments Jim Hawkins stated the Finance Committee is recommending an increase in sanitation rates of $3.50 per month, per unit for apartments, and made a motion the increase be approved effective July 1st. Bill Scoggins seconded the motion. This increase will bring apartment units to $15.00 per month with residential pickup remaining at $11.00 per month. Vote on the motion carried 6-1 with Jack Shinall opposed. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to report. CONSENT AGENDA: (A) Amendments to FY90 budget (B) Approval to surplus vehicles from Police Department (C) Approval of June minutes ... (D) Approval to block Sanford Place July 9-15 for Pony League tournament (E) Approval to request bids for flatbed dump truck in Parks Department (F) Block Afton Way cul-de-sac July 22 for neighborhood party (G) No parking signs on Afton Way (in first curve) Wade Lnenicka made a motion the consent agenda be approved with the exception of item (C), approval of June minutes. Bob Davis seconded the motion which carried 7-0. Jim Hawkins made submitted. Wade Davis abstaining. a motion the Lnenicka seconded minutes of the motion June 4, 1990 be approved as which carried 6-0, with Bob Jim Hawkins made a motion the minutes of June 18, 1990 be approved as submitted. Wade Lnenicka seconded the motion which carried 6-0, with Jack Shinall abstaining. COUNCIL INPUT: Wade Lnenicka gave a library report and stated the City is continuing to work at correcting the drainage problems in Vinings Glen Subdivision. Mr. Lnenicka also expressed his appreciation to GMA for coming tonight to present the Innovations Award to the City. ... Bill Scoggins gave a report on 4th of July activities at Tolleson Park and Sherry Reavis reported on other upcoming events in the Parks Department. Jim Hawkins reported that the City and First American Bank will sponsor a blood drive at City Hall on Friday, July 13th from 10:30 to 4:00 p.m. Jack Shinall said he could not be at the last meeting and had heard a lot of comments made about council not appreciating the employees. We have the best employees of any government in Cobb County and council has always attempted to provide them with the best and to be fair to everyone. July 2, 1990 meeting - continued John Steely read department for the a good department fighters. a letter from Griffin Middle School commending our police fine job they have always done. Mr. Steely said we do have and we are very proud of them, as well as the fire With no further business, meeting adjourned at 8:55 p.m. /~4- .... " " July 16, 1990 The regular scheduled meeting of Mayor and Council was held July 16, 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. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Library Director Laurel Best, Police Chief Stan Hook, Communications Director Steve Ciaccio, Fire Chief Larry Williams, City Engineer Ken Hildebrandt, Personnel Director Jane Mears, Community Relations Director Kathy Barton and representatives of the press. Invocation was given by John Patterson, followed by the pledge to the flag. .... Mayor Bacon recognized J. B. Butler, owner of Butler Drugs and read a proclamation honoring him on his 70th birthday. Mayor Bacon also recognized Carolyn Duncan and Thomas Harper, School Board candidates; Nancy Campbell, State Court Judge candidate; and Mary Beverly representing her husband Ai Beverly who is a candidate for the u.s. House of Representatives. Jack Shinall reported that the Ward 5 polling place has not changed although the name did change from Nash Middle School to the F. T. Wills Educational Service Center. Bob Davis stated that Ward 1 has been divided into two polling places for County, Federal and State elections. Ward 1 residents living north of Spring Road will now vote at Bethel Baptist Church while those on the south side of Spring Road will vote at Argyle Elementary School as usual. Jack Halpern, owner of Belmont Hills Shopping Center presented a check to the Smyrna Parks Department for $2,257 and another for $250 from proceeds of funds raised at the Smyrna Kids Karnival held at Belmont Hills last Saturday. Mr. Halpern said it was a very successful event and expressed his appreciation to the City and other volunteers for their help. Richard Pecha of 2667 Brown Circle asked if Phase II of the downtown redevelopment would require purchase of additional land. Mr. Pecha expressed concerns about a recent newspaper article referring to "upscale housing" in this area and the affect it might have on him. Mr. Pecha was advised that the City had purchased all of the property that might be needed with the exception of one or two parcels which would not affect him. Also, council intended to protect the homeowners in the area and would consider purchase of additional homes only if the owners collectively requested that the City purchase their property. .... PUBLIC HEARINGS: (A) Variance request - satellite dish at 3070 Lee Street July 16, 1990 meeting - continued John Patterson stated that Jeffrey and Fabrizio Tapia are requesting a variance to install a satellite dish in their front yard at 3070 Lee street. In his letter of hardship, Mr. Tapia states that the dish is needed for his work with CNN News. There was no opposition. Mrs. Tapia stated that they had the dish installed a few months ago so that her husband could have access to the hispanic channels that are not available through Smyrna Cable TV. Because of the trees and topography, the only suitable location was the front yard. Letters were provided from two adjoining neighbors stating they had no objections. Jim Hawkins stated the ordinance prohibits any accessory structures in a front yard and was concerned about setting a precedent for others to allow ... similar structures that we have never allowed in the past. Mr. Tapia said that as a news writer, his job with CNN required that he have access to the hispanic channels but would be willing to move the dish to another location if at all possible. Jim Hawkins made a motion the variance be tabled to the second meeting in August. Jack Shinall seconded the motion which carried 7-0. Wade Lnenicka also asked Mr. Patterson to check to see if Mr. John Davis, the person who installed the dish, had an appropriate license to do business in the City. (B) Variance request - rear yard setback for Po Folks, 821 Concord Road John Patterson said that Po Folks is requesting a variance on the rear yard setback from 30 to 13.5 feet to install two walk-in coolers onto the rear of the existing building at their new location. The coolers would be placed on top of the concrete retention structure at the rear of the building. There was no opposition. Mr. Richard Pratt represented Po Folks and stated that in presenting the building plans he was not aware that a variance would be required to install the coolers. These are not permanent structures and are similar to a large piece of air conditioning equipment. They will cover the water retention area but would not impede water flow and could be easily moved if needed. ... After further discussion, Jim Hawkins made a motion the variance be approved with the following stipulations: 1) That Po Folks, Inc. will bear any expense incurred in the relocation, either temporary or permanent, of the coolers placed over the retention pond per the attached plat in the event the City so requests. Further, that Po Folks will be responsible for any damages to the coolers in the event the City requires them to be moved. 2) That any water damage incurred from the retention area overfilling or flooding be the responsibility of Po Folks and not the City. John Steely seconded the motion which carried 7-0. (C) Home occupation license - Rebel Automotive, 5070 Laurel Glen Court John Patterson stated that Mr. G. Weldon Price is applying for a home occupation to allow him to operate as a consultant from his home, doing business as Rebel Automotive. Signatures were obtained from homeowners within a 300 foot radius and there was no opposition. ... Mr. Price said he was an after market consultant and his business consisted of locating equipment or supplies that a shop might need to operate. Effectively, he operated as a brokerage by locating equipment at the best possible prices and having it shipped to the customer. Mr. Price said he did some telemarketing from his home and had a computer but otherwise there were no parts or equipment stored at his home and there would be no signs or outdoor advertising. John Steely made a motion the license be approved. Bill Scoggins seconded the motion which carried 7-0. (D) privilege license store, 467 Jones Shaw Road package beer and wine sales - Cobb House Package July 16, 1990 meeting - continued John Patterson stated owner/operator of the sales at 467 Jones Shaw there was no opposition. that Auburn Phillip Hansard is applying as the new Cobb House Package Store for package beer and wine Road. The background investigation was favorable and Mr. Hansard said he had been an employee of Cobb House Package store for the past 15 years but had never held a license in his name. Wade Lnenicka reminded Mr. Hansard that he would be the person responsible for the license and they would expect nothing less than the highest conduct in his operation. Kathy Jordan made a motion the license be approved, seconded by Bill Scoggins. Vote on the motion carried 7-0. (E) Privilege license management change - Majik Market, 3002 Atlanta Road --- John Patterson stated that Mr. Woodson Lee McFarlin, Jr. has submitted an application as the new agent to hold the retail package beer and wine license for Majik Market at 3002 Atlanta Road. The police investigation was favorable and there was no opposition. Mr. McFarlin said he is the District Manager for Majik Market and has resided in Cobb County for 17 years. Also, he understood the ordinances of the City and knew he would be responsible for the operation of the store. Wade Lnenicka stated that during the last sting operation, our underaged buyer went to the Majik Market and purchased beer during a very busy time of day. When the clerk realized that she had sold without checking identification she ran into the parking lot and and after checking the ID, refunded his money and made him return the beer. Mr. Lnenicka said this action did show a sense of responsibility on their part and he commended them for it. Wade Lnenicka made a motion the license be approved as requested. Bob Davis seconded the motion which carried 7-0. (F) Abandonment of Woodland Terrace John Patterson said that Woodland Terrace is a dead end street in Afton Downs Subdivision and it is suggested that the uncompleted portion north of the --- dead end be abandoned. The uncompleted portion is shown as a city right of way on the subdivision plat for Phase II of Afton Downs with some of the lots encroaching into that right of way. The right of way, once abandoned, may be deeded to those property owners at their individual request. The notice of abandonment was advertised and signs posted on the property. There was no opposition. Bob Davis made a motion Woodland Terrace, north of the existing dead end as shown on the plat of survey for Phase II of Afton Downs Subdivision be abandoned. Jack Shinall seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Bid opening - truck chassis Bids for a new truck chassis were opened, read and recorded as follows: Wade Ford Smyrna Truck Body $30,593 $28,493 (GMC) Jack Shinall made a motion the bids be turned over to the Parks Committee for their recommendation back to full council. Kathy Jordan seconded the motion which carried 7-0. BID AWARDS: Nothing to report. ... COMMERCIAL BUILDING PERMITS: (A) NRH Enterprises requested 6 month permits for three emission control stations. Jack Shinall said he has received a lot of criticism about the emission control stations and would like to postpone this request for 30 days to allow time for the Community Development Department to provide a list of other locations that are providing this service within the city, to research State laws regarding the length of time they should be allowed to operate and to provide the hours of operation of other locations as compared to these. July 16, 1990 meeting - continued Jack Shinall information 7-0. made a motion the permits be postponed for 30 days until this has been obtained. Jim Hawkins seconded the motion which carried CONSENT AGENDA: (A) Approval to request bids: Copier for Detective Division Water Meters utility Services vehicle Public Works landscaping truck, two pickups for Street Dept., one pickup for Sanitation, garbage truck, copier Jonquil Park soccer field lighting ... (B) Approval to surplus vehicles for auction John Steely made a motion the consent agenda be approved. Jack Shinall seconded the motion which carried 7-0. COUNCIL INPUT: Wade Lnenicka said there would be a Friends of the Library general meeting July 19th at City Hall. Also, the turn arrow on Atlanta Road at Campbell has been activated and should greatly improve traffic flow. Mr. Lnenicka reported that they are continuing to work on the drainage problems at Vinings Glen and the recent rains provided an opportunity to test the improvements that have been completed. Mr~ Lnenicka expressed his appreciation to Public Works for the good job on sidewalk installation on Mohawk Place. Mr. Lnenicka stated council had a good meeting with employees last Monday night abut the new pay system and was pleased to report that the majority overwhelmingly stated they would prefer to be paid on a merit basis according to the value of the job they do. This says a lot about the calibre of employees we have and their willingness to do good work. Bill Scoggins reported on parks activities and congratulated the Parks Department for the 4th of July fireworks display, which drew the largest crowd ever. Also, tomorrow night the City will have the first Concert in the Park at Tolleson Park beginning at 7:30 p.m. ... Jim Hawkins reported been referred to the council. that the salary issue is still being discussed and has Finance & Administration for a recommendation back to John Steely reported that a petition is being circulated in the Nofth Cooper Lake Road area opposing the proposed access road from the East/West Connector to North Cooper Lake Road. There are about 500 signatures now and they expect to have 1,000. Mr. Steely also read a letter recently mailed to Dr. Wiershig from the Mayor asking the County to remove this proposed access road from their plans. Mayor Bacon reported that Howards Delicatessen was chosen as "best deli" in Cobb County for the 4th consecutive year by Inside Cobb magazine. Old South Barbecue also placed second and Mayor Bacon congratulated them both. With no further business, meeting adjourned at 8:57 p.m. z#4- :;Z;BA;: 4'~ BOB DAVIS, WARD 1 . ...