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February 5/15, 1990 Council Meeting February 5, 1990 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on February 5, 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 who was ill. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Grady Love, pastor of Smyrna Presbyterian Church followed by the pledge to the flag. CITIZENS INPUT: ... John Patterson said the Cobb Chamber of Commerce has sponsored a program that joins business organizations and schools in a partnership that benefits both. The City of Smyrna has chosen Rose Garden School to be their partner. Bill Scoggins read the declaration of partnership and presented it to June Bentley, Principal of Rose Garden School. Joe Daniel, Chairman of the program and Phil Sanders with the Cobb Chamber of Commerce expressed their appreciation to the City for their participation. Sue Brissey presented a coordinating efforts to Baptist Church on Camp project. plaque to Eagle Scout Jake Cordle from Troop 573 for make repairs and improvements to the Welcome Grove Highland Road in the Smyrna area for his Eagle Scout Members from the Jessye Coleman Council of Georgia PTA read an open letter to the Mayor and Council encouraging them to seek alternatives in addressing solid waste problems. The Jessye Coleman Council also commended the Cobb Chamber of Commerce for sponsoring "Give Schools a Hand" program in November 1989 which joined all 18 PTA's from Smyrna and Marietta and presented framed membership cards from all 18 schools to the City with their appreciation for supporting the program. .... Kathy Barton presented a plaque to Mayor Bacon for serving as host to the Smyrna Clean and Beautiful Jessye Coleman Council Solid Waste Symposium on January 27, 1990. PUBLIC HEARINGS: (A) Road Annexation of 2.75 acres in Land Lot 341 - Old Concord Road @ Church There was no Old Concord Ward 5, the the January 6-0. opposition and Jack Shinall made a motion the 2.75 acre tract at Road and Church Road be annexed into the City and made a part of legal description being read and made a part of the minutes of 15, 1990 meeting. John Steely seconded the motion which carried FORMAL BUSINESS: (A) Appointment to Clean & Beautiful Commission - Ward 3 Bill Scoggins made a motion that Charlie Phillips of 1502 Whitfield Street be appointed to the Clean & Beautiful Commission. Jack Shinall seconded the motion which carried 6-0. (B) Amendment to ordinance - Section 501.12 '- Wade Lnenicka made a motion the ordinance be amended by deleting the existing Section 501.12 in its entirety and replacing with the following new section, which will exclude large parcels from the restrictions placed on accessory structures by limiting the number and size of accessory buildings. Section 501.12 Individual parcels five (5) acres or larger shall not be subject to the aforementioned accessory use restrictions. A maximum of five (5) accessory structures may be built provided that a minimum distance of 20 feet from any other structure is maintained and that they shall not be closer than one hundred (100) feet from any property line. Accessory structures shall not exceed height limitations established for the zoning district in which they are built. Jack Shinall seconded the motion which carried 6-0. February 5, 1990 meeting - continued (C) Approval of Resolution and appointment to Community Relations Council Jim Hawkins read a Resolution to endorse the formation of the Cobb County Community Relations Council whose goal will be to ensure equal opportunities to all residents of the county regardless of race, religion, color, national origin, ancestry, sex, age or physical disabilities and made a motion it be approved. John Steely seconded the motion which carried 6-0. Wade Lnenicka made a motion that Sarah Scott be appointed to the Cobb County Community Relations Council representing the Smyrna area. Kathy Jordan seconded the motion which carried 6-0. (0) Approval of contract - Carson & Associates ...., John Patterson said Wit Carson has assisted the City in acquisition of property needed for construction of the new Community Center and Library. This contract will provide compensation to Mr. Carson for assistance in acquisition of some of that property. Jim Hawkins said at the time the original contract was signed with Mr. Carson there was no mention of commission being paid on condemned property. He came before the Finance Committee and stated it was his opinion of the contract that he would be entitled to full compensation to those parcels that were condemned because of the time involved in trying to reach a voluntary settlement. The Finance Committee and others felt this was not the case, and an agreement was sought that would be fair to both sides. The agreement tonight basically calls for compensation to be paid to Mr. Carson in an amount of 3% of the appraised value or the Special Masters award, whichever is lower of the property within the project area which is acquired through condemnation. This would be in lieu of the 5% that is called for in his contract approved November 8, 1988. Mr. Carson has also spent a considerable amount of time in research, project supervision, and coordination and the City has agreed to pay him a total of $12,636 for those past services. Jim Hawkins made a motion the amended contract be approved, seconded by Wade Lnenicka. Jack Shinall said he would not support the motion because he did not support the original contract and he felt that adequate compensation has already been paid. Vote on the motion carried 5-1, with Jack Shinall opposed. .... BID AWARDS: (A) Hand held meter reading system Jim Hawkins made a motion the bid for three be awarded to Syscon, the mid-price bid compatible with existing software and have seconded the motion which carried 6-0. hand held meter reading devices at $16,100. These units are greater capacity. Wade Lnenicka COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Approval to request bids - fire helmets (B) Approval to request bids - pool chemicals (C) Approval to purchase turn signal - Windy Hill Road @ Village Parkway (0) Approval of January minutes (E) Amendments to FY90 budget (F) Approval to request bids - landscape truck Kathy Jordan made a motion the consent agenda be approved. John Steely seconded the motion which carried 6-0. ..." COUNCIL INPUT: Wade Lnenicka gave a Library report and said he had received a lot of favorable comments about our recent newsletter containing information about the downtown redevelopment. Jim Hawkins made a motion the rules be suspended to allow a motion to adopt a Resolution for the Downtown Smyrna Development Authority. Wade Lnenicka seconded the motion which carried 6-0. February 5, 1990 meeting - continued Jim Hawkins stated a Resolution was read earlier tonight by the Downtown Development Authority to approve the amended and restated Lease Contract dated September 1, 1989 between the City of Smyrna and Downtown Smyrna Development Authority to authorize issuance of the Series 1990 Bonds. Jim Hawkins made a motion the resolution be adopted, seconded by Kathy Jordan. Ben Watkins with Sutherland, essentially worded the same was amended to include the Resolution carried 6-0. Asbill and Brennan said this Lease Contract was as the contract that was already in place, but 1990 Bonds. Vote on the motion to approve the -- Jim Hawkins said we are in the developmental stage of the 1991 budget and the emphasis will be on holding the line on expenditures. Jack Shinall said at his last committee meeting a recycling program was discussed and they are requesting proposals from different agencies for a pilot program to determine cost and citizen participation. John Steely reported the construction of sidewalks on Reed Road would start February 19th. Mayor Bacon recognized Paul Moore, Carolyn Duncan, Beverly Boyd and Laura Dingler with the Cobb County School Board. ~~;:ing adjourned at 8:08 p.m. A. MAX BACON, MAYOR .... WADE LNENICKA, W D L~~.#~~ ~AMES M. HAWKINS, WARD 4 CK SHINALL, WARD 5 ~~~~ ~ STE , WARD 7 "-- February 19, 1990 The regular scheduled meeting of Mayor and Council was held February 19, 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 and representatives of the press. Invocation was given by Councilman Jim Hawkins followed by the pledge to the flag. Kathy Jordan and Fire Chief Larry Williams presented a plaque to Sue Hancock in appreciation of her hard work and efforts in the 1989 Christmas Toy program sponsored by the Fire Department. There were 435 toys distributed to underprivileged children through this program. '- Councilman Wade Lnenicka introduced Frank Kukrle, his cousin from Prague, Czhechoslovakia. Mr. Kukrle expressed his appreciation to council for their help with his son and daughter in law when they defected to this country several months ago. Mr. Lnenicka said the Kukrle's came here last April on a tourist visa and applied for political asylum which was granted in August. In the process of coming to this country they had to leave their 2 year old son behind who has now been reunited with his family. The Kukrle's are now citizens and residents of Smyrna. CITIZENS INPUT: Don Grondo of 4900 Hickory Mill Drive expressed his displeasure with the way his tax dollars are now being spent with the recent publicity concerning a $100,000 project that was not put out for bids and the $12,000 paid to Mr. Wit Carson as a bonus. February 19, 1990 meeting - continued Mayor Bacon said that Mr. Carson did not make $100,000 on the Sunset Avenue property and he was not sure the figures quoted in the newspaper were correct. Mr. Carson has been paid a little over $90,000 for the work he has done but he was not given a bonus. By signing the last agreement with him, the City actually reduced the commission that would have originally paid for the sale of property for the community center and library, including property on Atlanta Road, Spring Street, Powder Springs Street and Bank Street. The purpose in signing the last agreement was because he has worked on some of these properties for over a year and when the original agreement was made, condemnation was never addressed. The Council and the Downtown Development Authority agreed that he should be compensated in some way, in a reduced amount. John Steely said the original contract was a real estate contract for sales of the property and had nothing to do with condemnation. For that reason, another contract was prepared for consultant fees. ..... Wade Lnenicka said Mr. Carson was paid a normal real estate commission for property bought through normal transactions. Above and beyond that he has performed many other services in trying to line up appraisals and engineering services, contacting people about condemnation proceedings and others that fell outside the realm of a normal contract. For those services, we felt he should be compensated for the work he did. Originally, we never contemplated the need of condemnation and that issue was not addressed in the original contract. This contract was not bid because the City is not required to bid personal service contracts. Jack Shinall also advised Mr. Grondo bids for personal service contracts. Mr. Carson's contract because he compensated. that the City is not required He did not support the motion felt that he had already been to request to approve adequately PUBLIC HEARINGS: Nothing to report. FORMAL BUSINESS: (A) Bid opening: firefighter protective equipment ..... Bids for were opened, read and recorded as follows: Gloves,Inc. American Safety/ Zimmerman/ Harolds Charles L. Fire House Evans Sales McLarty Gloves 27.77 NB 26.00 31. 50 NB Helmets NB 94.00 89.41 88.45 128.00 Pants/Coat NB 356.00 355.20 333.00 NB Boots NB 74.00 72.82 63.00 78.00 Hoods 14.50 14.00 11. 95 16.00 NB Kathy Jordan made a motion the bids be turned over to the Fire Committee for their recommendation back to full council at the next meeting. Wade Lnenicka seconded the motion which carried 7-0. (B) Approval of computer upgrade for Library Wade Lnenicka said that on December 20, 1989 the computer system in the Library failed and $1,641 is needed for the service call and additional equipment to prevent this from happening again. Wade Lnenicka made a motion that $665 be approved for the service call and $976 for the additional equipment to upgrade the system. Bob Davis seconded the motion which carried 7-0. (C) Pool Approval of Resolution to participate in Local Government Investment ..., Jim Hawkins made a motion the Resolution be tabled for further review by the Finance and Administration Committee. Wade Lnenicka seconded the motion which carried 7-0. BID AWARDS: Nothing to report. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: February 19, 1990 meeting - continued (A) Approval to surplus buildings in downtown development area (B) Change speed limit on Village Parkway from 45 to 35 miles per hour (C) Change date of first meeting in March to March 6th (D) Approval of Resolution - Cobb Community Improvement Districts John Steely made a motion the consent agenda be approved. Bob Davis seconded the motion which carried 7-0. COUNCIL INPUT: Wade Lnenicka reported on library activities and said the new closing hours for Saturday will be 5:00 p.m. rather than 3:00 p.m. ... Mr. Lnenicka read a letter Navy commending the City response and willingness plane crash in November. from Captain Peter Hunt from the Department of the and especially John Patterson for their superb to .accommodate the needs of the Navy following the Bill Scoggins reported on parks activities. Jim Hawkins reported that the 1991 budget preparations were now underway. Worksheets have been distributed to each department with a message that expenses are to be held to a very minimum. Mr. Hawkins also stated that the City will be holding a public auction this Saturday on Sunset Avenue to sell all appliances, fixtures, etc. The homes and businesses will be open to the public at 8:00 a.m. with the auction beginning at 10:00 a.m. Jack Shinall said the City was recently hard hit by flooding and high winds and commended our city employees, especially in the Public Works Department for their hard work in the clean up effort. Mr. Shinall said that he has also requested that the speed limit on Pinehill Drive be reduced back to 25 from 35 miles per hour. Kathy Jordan read a letter from Jean Mayfield on Kennesaw Way commending our Police Department for the assistance her family received following the storm last week. -- John Steely said and commended our their hard work. we are still clearing debris from the tornado and flooding Police, Fire Department, Wink Winkenhofer and others for With no further business, meeting adjourned at 8:04 p.m. ~ A. MAX BACON, MAYOR &i2/~&~ BOB DAVIS, WARD 1 ~4 J/~~~ BILL COGGINS, rmRD '-