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
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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.
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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
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