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March 20, 1989 Council Meeting Wade Lnenicka expressed his support for the County's 1% local option sales tax extension which will be used only for road improvements. Jim Hawkins also supported the sales tax extension and agreed the money should be used for road improvements only and not a new civic center. Kathy Jordan said she had forgotten about: the money previously budgeted to get our emergency outdoor warning sirens operational, but was thankful for them last week when we had tornado warnings. Mrs. Jordan suggested that we include a note in our water bills to let people know about the warning systems. Bob Betenbaugh reported on parks activities and stated that Gladys Causey, a Police Department employee is at Emory Hospital for an angioplasty and wished her well. With no further business, meeting adjourned at 8:56 p.m. BOB BETENBAUGH, WARD 7 March 20, 1989 The regular scheduled meeting of Mayor and Council was held March 20, 1989 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 Attorney Charles E. Camp, City Clerk <Melinda Dameron and representatives of the press. Invocation was given by Reverend Doyle Galloway from Harvest Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Bill Turner, to Lt. David training use. Commander of the American Legion Post 160 presented a camcorder Littlejohn representing the Smyrna Police Department for Bob Betenbaugh read a resolution supporting the consolidation of Wills High School and Campbell High School, to become Smyrna High School and made a motion the resolution be approved as read with a copy presented to the Cobb County School Board. Jim Hawkins seconded the motion which carried 6-0. Jim Hawkins read a resolution supporting the extension of the 1% local option sales tax program for road improvements and made a motion the resolution be approved as read with a copy presented to the Cobb Commissioners. Wade Lnenicka seconded the motion which carried 6-0. Before continuing with public hearings, Mayor Bacon announced that items A, B, C and F would be tabled in the absence of Mr. Shinall. PUBLIC HEARINGS: (A) Annexation of 2854 old Concord Road. Kathy Jordan made a motion the annexation be tabled to the next meeting. Bob Betenbaugh seconded the motion which carried 6-0. March 20, 1989 meeting - continued (B) Annexation of 40 acres in Land Lots 272 and 273 Bob Davis made a motion the annexation be tabled to the next meetcing. Jim Hawkins seconded the motion which carried 6-0. (C) Rezoning of (conditional) 40 acres in Land Lots 272 and 273 from RM8 to RAn Jim Hawkins made a motion the zoning request be tabled to the next_ meeting. Bob Betenbaugh seconded the motion which carried 6-0. (D) Rezoning at 1115 Concord Road from R15 to Limited Commercial. John Patt:erson said that Debra M. Moore and Donna M. Greene have requested the rezoning of this property from residential to Limited Commercial. This property is just west of Cobb Heating & Air, with Future Commercial to the north and south, Limited Commercial to the east. The future land use plan shows this area as a restricted commercial use. The Planning and Zoning Board had recommended approval with some stipulations. Charles McLane represented the owners and stated they do not have a tenant in mind but want to improve the property for commercial use rather than leasing as residential. Mr. McLane said they understood that remodeling plans would have to be approved by the City Engineer if the zoning is approved. There is one curb cut to the house and they do not anticipate adding another one. Jim Hawkins stat:ed the Planning and Zoning Board had recommended that the garage behind house be torn . Mr. McLane said the garage was built at the same of the house and within 10 feet of the line but that a variance also be granted to allow it to . Another of the Planning and Zoning Board was that the 10 foot grass between the street and paved parking and Mr. McLane said he would agree to that condition. Mr. McLane said he did not plan toLo put a brick veneer on the house even the Planning and Zoning Board had recommended it because they have other properties where this was not required. Mr. camp said council could require a brick facade, whether or not the same requirement was made of other buildings in the area. After further discussion, Mr. McLane said he is not the owner of this property and only one of the co-owners was present. Mr. Camp said both owners must be present, to either or disagree with any conditions placed on the zoning. Jim Hawkins made motion the zoning be continued the Apr.il 3rd meeting at which time both owners should be present. Wade Lnenicka seconded the motion which carried 6-0. (E) Variance request side yard setback reduction at 1414 Spring Street John Patterson said that Mr. Nicholas Souris has requested this variance to reduce the side yard reduction from 20 to 10 feet for a 40' x 60' metal building addition to his business. A letter was submitted from Mr. Sherman Whitaker, owner of the adjacent property at 1424 Spring Street stating he had no objections to the variance. There was no opposition. Mr. Scoggins said this addition will be in line with the building and the property on both sides of Mr. Souris is commercial. Mr. made a motion the variance be approved as requested. Jim Hawkins seconded the motion which carried 6-0. (F) priv.ilege Care Connection) license - home occupation license at 916 Pinehill Drive (The Bob Betenbaugh made a motion the home occupation license be tabled to the April 3rd meeting. Kathy Jordan seconded the motion which carried 6-0. (G) Privilege license - beer and wine package sales - 777 Food Store, 1649 Smyrna Roswell Road John Patterson that Joong J. Lee has applied as owner and license this location. This matter has been before council previously; suspension of the license when alcoholic beverages were sold after the 6 month suspension, it came back to council for denied. This application is now being made after the 1 year required following denial. An investigation into the background applicant does reflect factors to bar him from receiving his license for the and and period of the and the Police Department suggests and recommends that council not issue the license. There was no opposition. Bill Scoggins said council had spent many hours delLberating on this matter and due to the data found by the Smyrna Police Department, made a motion the license be denied. Jim Hawkins seconded the motion which carried 6-0. (A) Set date to hear appeal of Recorders Court by John Franklin Mann Bob Betenbaugh made a motion the appeal be set for the April 17, 1989 meeting. Wade Lnenicka seconded the motion which carried 6-0. (B) Bid openings Bids for a new recorded as follows were opened, read and Southern Gunite Company Marable-Pirkle, Inc. Wiley & Wiley $12,250 $11,495 $ 9,980 Bob Betenbaugh stated this work needs to be done quickly to prepare for the opening of the pools this summer and made a motion the bids be turned over to the Parks Committee and staff for their review and authorization to award to the most responsible low bidder. Bill Scoggins seconded the motion. Jim Hawkins said he could not support the motion because of the time factor and felt it was a better policy to get the bids in early and bring back to council for approval. After further discussion the motion and second were withdrawn. Bob Betenbaugh then made a motion the bids be returned to the committee so that the committee and staff members in conference can place the bid with the low responsive bidder unless there is some reason to feel they are not the most responsible bidder. If so, they will bring it back to full council at the next meeting. Wade Lnenicka seconded the motion which carried 5-1_ with Jim Hawkins opposed. Bids for eight (8) new police cars were opened, read and recorded as follows: Hub Motor Company Beaudry Ford Wade Ford $107,512 total $111,240 total $108,040 total Bob Bet:enbaugh made a motion the bids be turned over to the Police Committee for their recommendation back to full council at the next meeting. Jim Hawkins seconded the motion which carried 6-0. Bids for a new opened, read and for <the Communications Department were as Southland Communications Motorola Communications Miller Communications Loudon Communications Bramham Communications Console Systems $46,620.00 $57,036.10 including $5,000 installation $51,532.00 $45,015.68 $62,576.00 $68,209 alternate $54,431.00 Bob Betenbaugh made a motion the bids be turned over to the Police Cornmittee for review and their recommendation back to full council. Wade Lnenicka seconded the motion which carried 6-0. Bids for a new votin rec stem for the Police and Fire Department were opened, read and recorded as fa lows: Motorola Communications $39,521.41 including $4,400 installation Bob Betenbaugh made a motion the bid be turned over to the Police Committee for their review and recommendation back to full council. Bill Scoggins seconded the motion which carried 6-0. (C) Sanitation fee increase. March 20, 1989 meeting - continued John Patterson sai.d there are areas within the sanitation system that have experienced cost increases directly associated with the tipping fee at the landfill. Those are the residential rates which increased approximately $.50 per month per household and the compactor roll-off portion of the commercial collection system which has gone up substantially because of the county increase. These increases need to be passed on to the consumer. Wade Lnenicka said this has been discussed heavily and the City has incurred a monthly loss of approximately $10,000 to $12,000 as a result of the county landfill increases. City staff has made a recommendation and Mr. Lnenicka made a motion that the revised portion of the proposed fee schedule which includes increases in the roll-off haul charges and an increase in the residential fee structure of $1.00 per month be approved. Bob Betenbaugh seconded the motion and asked for an explanation of the roll-off containers. Mr. Lnenicka these are large truck-size units that generally operate with a compactor with a capacity of up to 40 tons. When we adopted the new contrac<t with Chambers for our commercial business, the actual cost to the City for that service basically doubled and amounts to a significant monthly increase to the City. There are 14 of the compactor units in the City. Mayor Bacon and other members of council said they thought a $.50 per month increase had been discussed earlier for residential customers which is the actual increase from the county tipping fees. Mr. Lnenicka said the motion was made for discussion purposes and had no problem with amending it to increase residential rates to $.50 instead of $1.00. After further discussion Bob Betenbaugh withdrew the second and Mr. Lnenicka amended his motion to increase residential rates by $.50 instead of $1.00. Bob Betenbaugh seconded the amendment. Jim Hawkins had previously stated that he would not support a residential increase but would now support the motion because the landfil.1 costs have increased significantly and he could not, in good conscious, allow the City to continue to lose revenue. Vote on the amendment and main motion carried 6-0. BID AWARDS: (A) Voice communication recording equipment. Bob Betenbaugh made a motion the voice communication recording equipment be awarded to Magnasync, the low bidder at $14,675. Kathy Jordan seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report. (A) No parking signs, end of Hickory Mill Drive. Bob Betenbaugh made a motion seconded which carried 6-0. the consent agenda be approved. Jim Hawkins APPEAL OF RECORDERS COURT - THOMAS EVERETT WALLACE At the request of Mr. continued to the next carried 6-0. Wallace, meeting. Bob Betenbaugh made a motion the appeal be Wade Lnenicka seconded the motion which COUNCIL INPUT: Wade Lnenicka said he received a letter today from CSX railroad in answer to a proposal made by the City to prevent trains from parking behind the homes on Ann Road. The railroad has agreed to placing signs on their right of way to alert engineers that parking in the Argyle Estates area is not allowed. Jim Hawkins said he was pleased to see that the traffic signal is in place on Concord Road at Brown Circle and it should be operational before the end of the week. Mr. Hawkins also thanked Smyrna Bank & Trust for offering to pay for the light with the only cost to the City being for installation. Kathy Jordan said residents in her ward had experienced severe during the night and asked Mr. Patterson for an update. Mr. said some of the residents began having problems a couple of months ago ..and it has worsened. The problem seems to be from a 10 inch main on South Cobb Drive that was not tied into our old service line when it was constructed. The March 20, 1989 meeting - continued County has been working on that problem today. In addition, the City will tie into a service line at Trailwood and San Fernando to provide an additional source of water and provide better flow in the area. Bob Betenbaugh reported that Laurel Best's mother had passed away and also Nancy Williams (wife of Chief Williams) grandfather had passed away, and offered his condolences to both families. Mayor Bacon stated that Mrs. Gladys Nash, a long time resident of Smyrna had also passed away and extended his sympathy to the Nash family. Mayor Bacon reported on the recent National League of Cities conference in Washington, D. C. and said he had the pleasure of meeting President Bush while having lunch with Buddy Darden in the congressional dining room. at 8:42 p.m. BOB DAVIS, WARD 1 BILL SCOGGINS, WARD 3 BOB BETENBAUGH, WARD 7 March 27, 1989 A special called Smyrna City Hall. presiding officer present was City City Clerk Melinda meeting of Mayor and Council was held March 27, 1989 at The meeting was called to order at 6:30 o'clock p.m. by Mayor A. Max Bacon. All council members were present. Also Administrator John Patterson, City Attorney John Patterson, Dameron and representatives of the press. Bob Be<tenbaugh made a purpose of discussing which carried 7-0. to adjourn matters. into executive session for the Jim Hawkins seconded the motion motion personnel Following a lengthy discussion period, Bob Betenbaugh made a motion Police Chief R. E. Little be informed that the Mayor and Council are requesting his resignation and refusal to submit the resignation within 24 hours will result in termination of employment with the City. Jim Hawkins seconded the motion. Council will meet with Chief Little at 6:30 o'clock p.m. on April 3, 1989 immediately preceding the regular council meeting to inform him of their decision. Severance pay will be offered for a 60 to 90 day period but will be re-considered if termination is necessary. business, Bob Betenbaugh made a motion the meeting be p.m. Bob Davis seconded the motion which carried 7-0. MELINDA DAMERON, CITY CLERK BOB DAVIS, WARD 1 WADE LNENICKA, WARD