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August 1/15, 1988 Council Meeting August 1, 1988 and Mayor and council was held August 1, 1988 at was called to order at 7:30 o'clock p.m. by Bacon. All council members were present. Also John Patterson, city Clerk Melinda Dameron, City of the press. given by Jim Hawkins, followed by the pledge to the Nothing to report. a to the for recycling. of commendation to the Smyrna Fire Department for Children Program by collecting 2,890 pounds of in Land Lot 677 - Lois Street. Virginia Foster has requested annexation of this loot just at South Cobb Drive, to be combined with a larger tract for for this annexation was read and made a part of 5th meeting. There was no opposition. property be annexed into the City to become a the motion which carried 7-0. rezone and PSC to at 4578, 4558 Lois Street and 4579 South Cobb Commercial. said that requested the Highland for a this Foster, Harry Jiles, R. L. Potts and S. H. of this property on South Cobb Drive, just properties have been combined to form this center development. George O'Neal is representing to facilitate a 64,370 square foot shopping Board recommended the rezoning be approved with be considered on South Cobb Drive rather than from the audience. that no Newport Development Center and said their the total footage of the center believed would be anchored by several a stucco type finish with canvas awnings with 60 days if the ZOning is approved. Although cut on Lois Street, there will not be any deliveries deliveries will come from South Cobb Drive and Camp Rider said they would be willing to widen Lois South Cobb Drive to the existing curb cut, lane. made a motion the zoning be approved as that the curb cut on Lois Street as shown on the "truck entrance" be deleted. Jack Shinall Bob Betenbaugh amended his motion to be widened approximately 4 feet from South at the existing curb on Lois Street. Jack Shinall the amendments and main motion carried 7-0. political candidates Hugh Ragan and Phil Secrist. request setback reduction from 50 feet to l5 feet for new at Lois Street & South Cobb Drive. that facilitate the proposed to be Center Development is also requesting this construction of a convenience store with gas canopy. built totally within -the 50 foot front setback. There the variance was needed to provide a better flow of traffic outparcel and around the gas pumps. Although the variance they are to 15 feet, they could actually move the building back to within 25 feet and accomplish the same thing and that would place the canopy approximately 75 feet from the curb of the turn lane on south Cobb Drive. This is a free standing canopy, not attached to the building in any way. Bob Betenbaugh said this store had a competitor 500 yards away and this canopy would be in line with the other store and understood why the variance was needed to make them competitive. Bob Betenbaugh made a motion the variance be granted to reduce the front setback to 25 feet instead of the 35 feet originally requested. At the request of wade Lneni_cka, Bob Betenbaugh wi-thdrew the motion to allow further discussion. Wade Lnenicka requested the variance be granted for this development only; not for the property as a whole and also had some questions about the location of the pumps. Bob Betenbaugh made a motion the variance of 25 feet be granted for ~he gas canopy only, seconded by Jack Shinall. Jack Shinall asked if anything had been done about amending our ordinance to change the setback requirements for canopies. John Pa-tterson said it was decided to not change the ordinance and continue to handle each case on an individual basis. Vote on the motion to approve the variance carried 7-0. (D) Annexation of 2.77 acres on Belmont Circle in Land Lot 446. John Pa-tterson said that Dick Heustess had petitioned council to annex and rezone this property but we received a letter from him requesting that these items be withdrawn from consideration. We also received notification from Mrs. Florence Bradley's sister that she wanted to proceed with the annexation since she still owns the property and wants it to be in the City. There was no one to represent Mrs. Bradley and Kathy Jordan made a motion the annexation be continued until the next meeting. Jim Hawkins seconded the motion which carried 7-0. (E) Request to rezone 2.77 acres at 210 Belmont Circle from R-20 to T.S. Mayor Bacon said the zoning petition had been withdrawn at the request of the applicant, Richard Heustess. (F) Variance request from 50 feet to 13 feet. - Chevron U.S.A., 2517 Spring Road - reduce front setback Bob Davis made a motion this variance be continued to the August 15th meeting. Wade Lnenicka seconded the motion which carried 7-0. ( G ) Management change Cobb Drive. beer and wine pouring license Pizza Hut, 3815 South John Patterson said that Kris Lynn Hayslett has applied for the pouring license at as agent for Pizza Hut. The police investigation was favorable and there was no opposition. Ms. Hayslett and Attorney Bill Mitchell were present. Ms. Hayslett said she was Area Manager for Pizza Hut and has lived in Cobb County for 3 years. She manages 6 restaurants and holds a license in Clayton County and has applied for others in Cobb County and Marietta. Ms. Hayslett said she understood our ordinance and knew she would be responsible for any violations. Wade Lnenicka made a rr~tion the license be approved. Bob Davis seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Approval of travel policy. John Patterson said that for some time council has talked about a travel policy for employees and elec-ted officials. The policy presented tonight will hopefully meet all requirements to properly report expenditures of city funds provided and comply with all IRS requirements. Jim Hawkins said employees, elected we have been striving to have a written policy to cover all and appointed elected officials. The City has always operated which has worked In the past; however, with the opportunity for travel it is a good time to put a very stringent polley. Basically, it provides for most economical means of public transportation used, reimbursement will be made at the rate of 22 wlll also be pre-pald. Meals are limited to a tips and taxes, broken down to allow no for or $25 for dinner. Taxi, limousine and turned in. Travel advances are allowable has to request it; it will not be automatic. must be filed within 7 days for approval by the and to the Mayor for final approval. spoke in adopted of the policy and Jim Hawkins made a motion the presented. Jack Shinall seconded the motion which of support this policy; it is the flrst written wlth any double standards that may exist. Bacon moved item (E) up on the agenda to Commission. Robert Orange, 211.8 Harold Lane be appointed to representing Ward 6. Jack Shinall seconded the motion Bid 5 trucks. vehicles for were , utilities Service, Community Development and read and recorded as follows: 9,200 9,573 10,487.89 9,015 ,748.81 Ford 10,230 10,300 Bros. 9,800 10,520 opening: Church Street asphalt Street complex were opened, read and recorded as re-asphaltlng the 6,400 15,162 14 , 377 . 50 10,843.50 12,780 One-ton 8-yard box Dump Chassis DumP 24,884.43 26,909.43 14,472 29,320.43 No bid 14,104.55 No bid No bid 14,400 No bid 28,430 28,792 16,537.50 29,935 No bi.d 13,580 No bid be turned over to the various committees with council at the next meeting. Bob Betenbaugh 19,162 20,128.50 14,358 17,553 made a back to carried the bids be turned over to the COIDmlttee wlth their council at the next meeting. Wade Lnenicka seconded Bid Jonquil Park the Park parking lot were opened, read and recorded A-Z Paving Blacktop Paving Able Asphalt 6,480 5,832 10,000 13,500 Jack Shinall made a their recon=endation which carried 7-0. motion back to the bids be turned over to the Parks Committee with full council. Bob Betenbaugh seconded the motion (F) Approval of tuition reimbursement plan. John Patterson said the tuition reimbursement plan was one of the items Jerry Mills was working on before his death to encourage those presently employed to pursue their education and better themselves. Jim Hawkins read the mission of the program and made a motion the plan be adopted as presen-ted, without a limit on the number of credit hours per quarter, seconded by Jack shinal.l. Wade Lnenicka said council has taken a good stand in improving benefits for employees by providing an equitable pay scale, dealing with the pay compression issue and other benefit improvements to promote longevity and loyalty. Mr. Lnenicka said he supported the tuition reimbursement plan but could not support the incentive pro-pay, meant to compensate those employees for broadening their educational backgrounds in order to become more proficient in their jobs and to enhance recruitment of those individuals considering employment with the City. The pro-pay would reward employees for completion of a degree or certification through salary increases, ranging from 2.5 to 7.5%. Mr. Lnenicka said he was concerned that other employees who had completed their education at their own expense would feel penalized and the plan may be a cause for grievances. After further discussion, vote on the motion to approve the plan carried 6-1, with Wade Lnenicka opposed. BID AWARDS: (A) Air compressor for fire department. Jack shinall said at the last meeting, 6 bids were received to replace the air compressor system for the Fire Department. Two of the bids did not meet specificati.ons; the next low bid from American Safety and Fire was a unit not manufactured in the United states, and a unit the Fire Chief is with. The recommendation from the Fire Committee is that we not accept the bid from American Safety and Fire; that we accept the bid from Eagle Air Systems at $18,668, because of the proven past experience of durability and longevity. Kathy Jordan seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: -(A) (B) (C) (D) (E) Approval of July minutes Approval to solicit bids for computer equipment Approval to solicit bids for addition to King Springs storage building Approval to solicit bid to replace back stop at Ward Park Approval to purchase 2 vehicles for Detective Division. Wade Lnenicka made a motion the consent agenda be approved. Bob Betenbaugh seconded the motion which which carried 7-0. Bob Davis said he was not present at the July 5th meeting and would refrain from signing those minutes. COUNCIL INPUT: Bob Davis asked about the status of the intersection improvements at Spring and Campbell. John Patterson said the turn lane should be completed in about a week, the turn arrow is on the signal but needs to be actuated. Spring Road will also be re-striped. Bill Scoggins asked about the status of a request for a 6" water main in the Rose Garden area. John Patterson said we need more specific information about the areas making the request in order to remedy the situation. Jim Hawkins said issue had been last Tuesday at the County Commission meeting the dual taxation addressed through a millage reduction for city residents and on Grant and we had asked for more of a reduction, but this a number of calls about the survey forms being about the sidewalks put in through Community These forms are necessary for compliance under need to be made aware of that before they are of work is being done in Ward 6 and there had been the project on Belmont Circle. Mrs. Jordan said residents that she would monitor this, and other for his involvement with the Jerry Mills ~~nd. turned over to the Mills family this week. very pleased with the adoption of the tuition would be a good way to attract people to the and his committee for taking action on the indicate to the citizens of this community that meeting adjourned at 9:04 p.m. August l5, 1988 Mayor and Council was held August 15, 1988 at was called to order at 7:30 o'clock p.m. by Bacon. All council members were present. Also John Patterson, city Clerk Melinda Dameron, City Camp and representatives of the press. was given by Reverend York Chambless, followed by the pledge to the Nothing to report. of 2.77 acres on Belmont Circle. of the tabled to the 7-0. Mrs. Florence C. Bradley, Kathy Jordan made a motion 6th meeting. Jim Hawkins seconded the motion wine beer license - Wayne's Package Store, 1184 Concord Rozelle has applied for a new license for this next to Bill's Restaurant. The police there was no opposition. Jim Hawkins stated the application indicated that there are private residences located within the 200 foot radius of this location and asked Mr. Rozelle if that was correct. Mr. Rozelle said there are two homes on Concord Road within the radius; one owned by R. L. Baldwin and the other owned by H. o. Scoggins. Both people have submitted letters waiving the distance requirement and a letter has also been submitted from the American Legion stating they have no objections since they also own property zoned R-15 within the 200 foot radius. Brinkley Park is 321 feet away, and meets all requirements. Jim Hawkins said he has consistently voted against all liquor licenses that do not meet distance requirements and for that reason made a motion the license be denied. Motion died for lack of a second. Jack Shinall asked about the designated use of the property on the Future Land Use map. John Patterson said the homes on Concord Road are currently zoned Future Commercial and the Future Land Use map indicates commercial use. Mayor Bacon said the Legion and the Tenneco at the corner of Concord and King Springs are both extremel.y close to some residences but are grandfathered under our current ordinance due to the length of time they have been in business. Mr. Rozelle said he was familiar was not thoroughly trained and discussion, Bill Scoggins made seconded the motion which carried with our ordinance and would not hire anyone that familiar with state and local laws. After further a motion the license be approved. Jack Shinall 6-1, with Jim Hawkins opposed. (C) Variance request from 50 feet to 13 feet. - Chevron U.S.A., 2517 Spring Road - reduce front setback John Patterson said that Chevron existing gas canopy to cover the is approximately 17 feet from the to be widened to 7 lanes in feet of additional right of way. extend their canopy proposed 10 is requesting this variance proposed larger gas island. The front property line and Spring near future which will require There was no opposition from the audience. Morrell Parker represented and said they are planning to remodel the inside of the store and expand the gas islands. Their plans indicate they are presently 19 feet off the right way and are proposing to to within 13 feet. This will be a 34 x 43 which will completely cover islands and protect their clistomers from the elements. This a dealer operated facility, owned by Rube McMullan and Chevron is contracting for the Mr. Parker said they could reduce the size of the canopy as an alternative, remain within the existing setback line and would be willing to do that if necessary. Wade Lnenicka said normally a variance is based on hardship and their letter does not indicate a hardship situation; therefore he would be unable to support the variance. Bob Davis made a motion the variance of 13 feet be denied and after further discussion the motion was withdrawn. Bob Davis then made a motion the variance be granted at the Clirrent 19 foot setback line. Wade Lnenicka seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Section 9-20 and 9-21 (Homestead Exemptj.on) Ordinance amendment John Patterson said when the Constitution was amendment in 1976 to a $4,000 exemption for persons over 65, and again in 1979 to allow an of $6,000 for those who are disabled with incomes of less than $6,000 the ordinance was not amended. Jim Hawkins made a motion that Section 9-21, Tax Due and deleted in its entirety and that Section 9-20 be deleted and following new section: Dates, be with the taxes for citizens of the city shall be provided as follows: $4,000 exemption for each resident of the City of Smyrna, who is 65 years of age or older, provided such residence is actually occupied by the owner as a residence and homestead and so long as actually occupied by the owner as the owner's principal residence. who is disabled provided the net income, together with the net and resides at such homestead, as net all sources, including benefits received such benefits are based on contributions but not including any federal old-age, does not exceed $6,000 for the income tax purposes. the motion which carried 7-0. were opened, read and recorded as follows: Fence $ 8,865 made a their the bids be turned over to the Parks Committee for back to full council. Jim Hawkins seconded the 7-0. were opened, read and Sons .69 a bids be turned over to the Parks Committee for back to full council. Jack Shinall seconded the 7-0. Circle. is unprotected from fire due area. A 6" line can be run with a hydrant at fire protection to any structure within 500 cost of materials is $4,600 for the made a cost 6" line and hydrant be installed on Gordon Circle Wade Lnenicka seconded the moti.on which carried the low bid of $5,832 be awarded to Blacktop Paving at Jonquil Park. Jack Shinall seconded the motion Church Street lot. of $13,500 be awarded to Able Asphalt for Street facility. The bid price is for durability. Jack Shinall seconded the motion Public utilities Service, Community Development. be accepted from Wade Ford for department. Jack Shinall seconded the of $9,573 be accepted from Nalley Chevrolet for the utility Services department, the low bidder seconded the motion which carried 7-0 made a motion the bid of $14,472 from Nalley Chevrolet be accepted service truck. This is not the low bid but we are in urgent need of this vehicle and Nalley can make delivery right away. Kathy Jordan seconded the motion which carried 6-0, with Bill Scoggins abstaining. Wade Lnenicka made a motion the bid of $29,935 be accepted fromF.outs Brothers Nissan for a new dump truck for the street Department. Again, this is not the lowest bid but delivery can be made immediately and this vehicle is needed in service as soon as possible. Bob Davis seconded the motion which carried 6-0, with Bill Scoggins abstaining. Wade Lnenicka made a motion the bid of $28,792 for a truck chassis be accepted from Fouts Brothers Nissan, not the low bid but because of immediate availability. and the actual low bid did not meet specifications. Bob Betenbaugh seconded the motion which carried 6-0, with Bill Scoggins abstaining. (D) Asphalt work for Phase IV of sewer rehabilitation John Patterson said proposals were received for resurfacing streets which were cut during Phase IV of the rehab project as follows which wi.ll require approximately 750 tons of asphalt: Baldwin Paving C. W_ Matthews Bankhead Enterprises $35.99/ton $44.50/ton $40.00/ton Bill Scoggins made a motion the low bid of $35.99 a ton be awarded to Baldwin Paving. Wade Lnenicka seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) RBI General Huddle House at Hawkins made a which carried 7-0. Contractors 3120 South motion the requested a building permit for construction of a new Cobb Drive at a total estimated cost of $130,000. Jim permit be approved. Wade Lnenicka seconded the motion (B) Mimm's Enterprises strip shopping center at $440,000. Jim Hawkins made a the motion which carried 7-0. requested a building permit for new 3150 South Cobb Drive at a total motion the permit be approved. Wade of a cost of seconded (C) Stewart Enterprises requested a building permit for Oil Change a-t 2671 South Cobb Drive at a total estimated cost Jordan made a motion the permit be approved. Bob Betenbaugh which carried 7-0. of SpeeDee 000. Kathy the motion (D) Amoco Oil requested a building permit for new construction at 3402 South Cobb Drive at a total estimated cost of $600,000. Jim Hawkins made a motion the permit be approved. Wade Lnenicka seconded the motion which carried 7-0. (E) Patillo warehouse for estimated cost approved. Kathy Construction requested a permit for construction the S. P. Richards Company at 6300 Highlands of $4.5 million. Bob Betenbaugh made a Jordan seconded the motion which carried 7-0. of an office at a total permi t be CONSENT AGENDA: (A) Request for proposals - sanitation services (B) SAA parade permit (C) Request for bids air compressor, ditch witch, tapping machine Public Works department (D) Establishment of park hours - 7:00 a.m. to 11:00 p.m. (E) Approval to purchase Lillian J. Manning and John F. Bradfield property (F) Approval of System 36 upgrade Jim Hawkins asked if the park hours would be uniform throughout City. John Patterson said they would; however, if an activity is on-going it be allowed to continue past 1.1:00 p.m. and there may also be exceptions tournament events. Jack Shinall said he would support the consent agenda just to see the proposals for sanitation services, which also will include residential garbage pickup. Jack Shinall made a motion the consent agenda be approved. Kathy Jordan seconded the motion which carried 7-0. COUNCIL INPUT: calls our be $l, the car on activities. Mr. Betenbaugh also stated he has destruction of mailboxes and trenching and reminded is very specific. If damage is done to property the and can be levied against the operator of the vehicle, and owners of the vehicle. Restitution must also be made any said that starting soon, the City will be issuing citations for especially for people illegally using the commercial dumpsters. Jack cautious while everyone that school starts next week and to be more of the new pumper trucks have been delivered and the other a National convention. Mr. Shinall commended the fire their professionalism and expertise. we qui te a few building perIni ts toni.ght and while we in controlled growth in our city, we are also asked about curb and the turn lane will be Road/Spring Road improvements. John Patterson has been completed as of today and he has been installed as soon as possible; hopefully wi.thin meeting adjourned at 8:35 p.m.