March 18, 1991 Council Meeting
March 18, 1991
The regular scheduled meeting of Mayor and Council was held March 18, 1991 at
Smyrna City Hall. The meeting was called to order by presiding officer Mayor
A. Max Bacon at 7:30 o'clock p.m.. All council members were present except
for Jack Shinall who was called out of town on business. Also present was
City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney
Charles E. Camp, Public Works Director Vic Broyles, Fire Chief Larry
Williams, Personnel Director Jane Mears, City Engineer Ken Hildebrandt, Parks
and Recreation Director Sherry Reavis, Police Chief Stan Hook, Library
Director Laurel Best, Communications Director Steve Ciaccio, Finance Director
Emory McHugh, Community Relations Director Kathie Barton and representatives
of the press.
Invocation was given by Skye Allison, Smyrna Church of the Nazarene followed
... by the pledge to the flag.
CITIZENS INPUT:
Wade Lnenicka read a proclamation for National Nutrition Month and Mayor
Bacon stated it was presented earlier this week to representatives of the
Atlanta Dietetic Association.
John Patrick of 2634 Carolyn Drive said he felt Ward 1 residents have had no
representation for the last 2 years and felt totally detached from the rest
of the City. Thanks to the help of City Hall staff, some of their problems
have been resolved. Mayor Bacon said a newspaper article about 3 weeks ago
discussed the residency of Councilman Bob Davis but he could not declare the
seat vacant unless the request for judicial review recently filed by the City
Attorney determined that he had, in fact, vacated his seat. Mr. Camp said the
petition has been filed and it would be approximately 20 days before a
hearing could be set.
Jack
ago
said
here
know
Norton of 2129 Dundee Drive stated he was here approximately one year
to discuss matters that concerned him as a citizen although nothing was
to directly oppose Mr. Davis at that time. Mr. Norton said he was not
tonight to question him or his whereabouts but felt the residents should
how to reach him when needed.
... J. E. Stewart of 2230 Beech Valley also complained that he had tried a number
of times to call Mr. Davis but had never been able to reach him and neither
had his calls been returned.
Ted Herbert said he had been retained by Mr. Davis and stated these issues
should be handled in the court and not here tonight since a petition was
filed by the City Attorney several days ago.
Sherry Marks of 2774 Spring Drive asked if the hearing would address the
issue of where Mr. Davis lives now, or where he has lived for the last few
months. Mr. Camp said the hearing would address the present term of office.
Mrs. Marks also requested that the timing of the light at Argyle School be
adjusted to allow more time for children crossing the street.
Sue Brissey thanked the City for handling her complaints from the last
meeting.
PUBLIC HEARINGS:
(A) Annexation of Valley Oaks Subdivision
--
There was no
this property
Jordan made a
Steely seconded
opposition from the audience. The petition for annexation of
was read and validated at the February 18, 1991 meeting. Kathy
motion the property be annexed and made a part of Ward 6. John
the motion which carried 6-0.
(B) Variance request - reduce rear yard setback at 2311 Dixie Avenue from 30
to 12 feet
John Patterson stated that Robert C. Davis is requesting this variance to
build a 34 foot by 16 foot open covered storage area attached to the existing
building. The rear property line abuts county property that is zoned Heavy
Industry. There was no opposition.
Mr. Davis
house his
topography.
said he wanted to build a shelter on the side of the garage to
travel trailer and there is no other suitable site because of the
The property is zoned General Commercial and the primary building
March 18, 1991 meeting - continued
is used for automotive repairs. Kathy Jordan made a motion the variance be
approved as requested. John Steely seconded the motion which carried 6-0.
(C) Privilege license - Beer and Wine Pouring - Padre's Tex Mex, 2569 Cobb
Parkway
John Patterson stated that Paul Mastrangelo is requesting a pouring license
for Padre's Original Tex-Mex Restaurant, formerly owned and operated by Mr.
Mastrangelo as Paulie's Pizza. This location has been licensed for several
years and the police background investigation was favorable. There was no
opposition from the audience.
Mr. Mastrangelo said he owned a percentage of the business and would be the
agent for the license. They have operated at this location for about 11 years ---
and are familiar with the alcoholic beverage laws of the City.
Bob Davis made a motion the license be approved as requested. Wade Lnenicka
seconded the motion which carried 6-0.
(D) Business license - Title Exchange and Pawn, 1030-2 Windy Hill Road
John Patterson stated that Elizabeth E. Autrey has re-submitted her
application for a car title pawn shop in the City. This application was
tabled at the September 4, 1990 meeting as allowed by ordinance to consider
any changes or modifications that may be needed to the business license
category. A background investigation was also conducted for Hugh and Beverly
Austin, who are partners in the business. The investigations revealed nothing
that would prohibit the license from being issued and there was no opposition
from the audience.
Mrs. Autrey said they would be loaning money on car titles only and would not
be doing any pawn business with guns, precious metals, etc. Cars will not be
parked or stored at this office and will be taken to a storage lot in
Austell. Mrs. Autrey said they loan up to $500 on car titles at 2% per month
and a 25% service charge (27% annually), to be repaid in 12 weeks. The owners
of any repossessed vehicles have up to 59 days to claim them.
Following discussion, Wade Lnenicka made a motion the license be approved. ...
Bill Scoggins seconded the motion which carried 4-2 with John Steely and Bob
Davis opposed.
FORMAL BUSINESS:
(A) Ordinance amendment - Section 10-48 - automatic nozzles, self-service
fuel pumps
John Patterson stated that several years ago the State removed its statute
concerning automatic filling devices but our ordinance was not modified at
that time. It is suggested that this section of the ordinance be eliminated
and neither the Code Enforcement department or Fire Departments have any
objections. Pete Paulsen with the State Fire Marshal's office cautioned that
there are still minimum requirements regarding dispensing fuel in portable
containers which must be attended.
Kathy Jordan made a motion the ordinance be amended by deleting Section 10-48
in its entirety. Wade Lnenicka seconded the motion which carried 6-0.
BID AWARDS:
(A) Church Street pool renovation
Bill Scoggins made a motion the bid for renovation to Church Street pool be
awarded to Wiley & Wiley, the low bidder at $52,814. John ~teely seconded the
motion which carried 6-0.
....
(B) Police vehicles
John Steely made a motion the bid for new police pursuit vehicles be awarded
to Wade Ford at their total bid price of $104,256 for eight vehicles. Jim
Hawkins seconded the motion which carried 6-0.
COMMERCIAL BUILDING PERMITS: Nothing to report.
March 18, 1991 meeting - continued
CONSENT AGENDA:
..
(A) Traffic signal - Village Parkway @ The Woodlands
(B) Traffic signal - South Cobb Drive @ Highlands Parkway
(C) Request bids for exercise/weight equipment - Community Center
(D) Request bids for playground equipment, park bench & installation -
Community Center
(E) Request bids for artwork for Community Center/Library
(F) Request bids for graphics and signage for Community Center/Library
(G) Request bids for upright piano - Community Center
(H) Request bids for two copy machines - Library
(I) Request bids for computer equipment - Library
(J) Request bids for movers - Library
(K) Community Center rental rates
(L) Ordinance amendment and policy statement - Closed Functions
(M) Approval of March 4, 1991 minutes
(N) No parking signs - Valley Oaks Drive
(0) Request bids for resurfacing
Bill Scoggins made a motion the consent agenda be approved as read. Jim
Hawkins seconded the motion which carried 6-0.
COUNCIL INPUT: Police Chief stan Hook responded
report and said several changes were being made
installation of smoke alarms. They are also looking
to provide 3 meals per day for non-working prisoners
that is required by law.
to the recent Grand Jury
in the jail including
into a change of policy
although 2 meals is all
Jim Hawkins asked about the status of the road paving projects. Vic Broyles
said those streets not paved last year under the LARP program would be first
on the list this year, and those would also be ahead of the streets scheduled
under the 1% road tax program. Mr. Hawkins also asked Mr. Broyles for a
report on the installation of a wig wag light at Wisteria and South Cobb
Drive and to advise him of the recommendation from the State.
-
Bill Scoggins
would also be
first of April.
asked
done
about the paving on Mathews Street. Mr. Broyles said it
under the LARP program and should be begin around the
Mr. Scoggins reported there was a full house at the last free concert and
thanked the citizens for their support.
Sherry Reavis reported the next concert will be April 19th at Campbell High
School and reported on other parks activities.
Kathy Barton also gave a report from the Community Relations Department and
an update on the Spring Festival.
Wade Lnenicka stated Jane Court was also scheduled for paving last year and
would like to know that it will be done in April before notifying residents
in the area again. Mr. Lnenicka stated the sidewalks at the new Fuller Street
at Atlanta Road do not have handicapped curbs and that should be changed if
it has not already been.
Mr. Lnenicka said the creek behind Creatwood and Shawnee Trail has been on
the drainage improvement list for 1 1/2 years and that project has now been
moved up to number one. Work depends on the weather but hopefully we can
start in April. The second project on the list is the creek on Ann Road which
was added last year. Hopefully that project will be started the end of May
and finished by mid to late June.
...
Mr. Lnenicka said he appreciated Sherry Reavis and Laurel Best for their
attendance on the tours which have been very successful.
Mr. Lnenicka said each council person is elected to represent a ward but if
there is ever a problem trying to reach any of them, a resident could contact
anyone of the other members for assistance. There is no reason for the City
failing to do something that needs to be done because a council person cannot
be reached.
Bob Davis asked about the drainage problem on Poplar Creek. Mr. Broyles said
March 18, 1991 meeting - continued
they were waiting for the homeowner who had filed a complaint to contact them
again before anything could be done.
Mayor Bacon reminded everyone of the town hall meeting Monday night, March
25th at 7:00 p.m. This will be an open forum with discussion about the 1%
road tax program, recycling and the community center and library development.
With no further business, meeting adjourned at 8:57 p.m.
BOB DAVIS, WARD 1
....,
~~~
A. MAX BACON, MAYOR
JACK
,
BILL SCOGGINS, WARD 3
'~TEELY, WARD 7
....,
....,