08-01-1988 Regular MeetingAugust 1, 1988
The regular scheduled meeting of Mayor and Council was held August 1, 1988 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.
CITIZENS INPUT•
Nothing to report.
Wit Carson presented a plaque of commendation to the Smyrna Fire Department for
their contribution to the Burned Children Program by collecting 2,890 pounds of
aluminum cans for recycling.
PUBLIC HEARINGS:
(A) Annexation of .55 acres in Land Lot 677 - Lois Street.
John Patterson said that Virginia Foster has requested annexation of this lot just
south of Camp Highland at South Cobb Drive, to be combined with a larger tract for
development. The legal description for this annexation was read and made a part of
the minutes of the July 5th meeting. There was no opposition.
Bob Betenbaugh made a motion this property be annexed into the City to become a
part of Ward 7. Jack Shinall seconded the motion which carried 7-0.
(B) Request to rezone 6.5 acres at 4578, 4558 Lois Street and 4579 South Cobb
Drive from R-20 and PSC to General Commercial.
John Patterson said that Virginia Foster, Harry Jiles, R. L. Potts and S. H.
Hudson have requested the rezoning of this property on South Cobb Drive, just
south of Camp Highland Road. Several properties have been combined to form this
6.5 acre tract for a shopping center development. George O'Neal is representing
the owner in this request to rezone to facilitate a 64,370 square foot shopping
center. The Planning and Zoning Board recommended the rezoning be approved with
the stipulations that two curb cuts be considered on South Cobb Drive rather than
three. There was no opposition from,the audience.
Bob Rider and Gary Kalita represented Newport Development Center and said their
original plans had been revised by reducing the total square footage of the center
to 40,000 square feet, which he believed would be anchored by several
restaurants. This will be a stucco type finish with canvas awnings with
construction to begin in approximately 60 days if the zoning is approved. Although
there is an existing curb cut on Lois Street, there will not be any deliveries
made from that street; all deliveries will come from South Cobb Drive and Camp
Highland Road.
At the request of Jim Hawkins, Mr. Rider said they would be willing to widen Lois
Street approximately 4 feet from South Cobb Drive to the existing curb cut,
similar to providing an acceleration/deceleration lane.
After further discussion, Bob Betenbaugh made a motion the zoning be approved as
requested with the stipulation that the curb cut on Lois Street as shown on the
plat presented tonight and marked "truck entrance" be deleted. Jack Shinall
seconded the motion. After discussion, Bob Betenbaugh amended his motion to
include a stipulation that Lois Street be widened approximately 4 feet from South
Cobb Drive north to a point at the existing curb on Lois Street. Jack Shinall
seconded the amendment. Vote on the amendments and main motion carried 7-0.
Mayor Bacon recognized political candidates Hugh Ragan and Phil Secrist.
(C) Variance request - front setback reduction from 50 feet to 15 feet for new
development at Lois Street & South Cobb Drive.
John Patterson said that Newport Center Development is also requesting this
variance to facilitate the construction of a convenience store with gas canopy.
The canopy is proposed to be built totally within the 50 foot front setback. There
was no opposition.
Mr. Kalita said the variance was needed to provide a better flow of traffic
through this outparcel and around the gas pumps. Although the variance they are
requesting is to 15 feet, they could actually move the building back to within 25
August 1, 1988 meeting - continued
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 Lnenicka, Bob Betenbaugh withdrew 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 the 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
Patterson 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 Patterson 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 - Chevron U.S.A., 2517 Spring Road - reduce front setback
from 50 feet to 13 feet.
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 - beer and wine pouring license - Pizza Hut, 3815 South
Cobb Drive.
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 motion 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 elected 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 we have been striving to have a written policy to cover all
employees, elected and appointed elected officials. The City has always operated
August 1, 1988 meeting - continued
under a verbal travel policy which has worked in the past; however, with the
growth in the City and more opportunity for travel it is a good time to put a
policy in writing. This is a very stringent policy. Basically, it provides for
pre -payment of all travel using the most economical means of public transportation
available. If personal cars are used, reimbursement will be made at the rate of 22
cents per mile. Registrations will also be pre -paid. Meals are limited to a
maximum amount of $50 per day including tips and taxes, broken down to allow no
more than $10 for breakfast, $15 for lunch or $25 for dinner. Taxi, limousine
fares, mileage, must be documented and turned in. Travel advances are allowable
but the employee or elected official has to request it; it will not be automatic.
Upon return, expense statements must be filed within 7 days for approval by the
Finance and Administration Committee and to the Mayor for final approval.
Jack Shinall said he will fully support this policy; it is the first written
policy we have had and should do away with any double standards that may exist.
Kathy Jordan also spoke in support of the policy and Jim Hawkins made a motion the
travel policy be adopted as presented. Jack Shinall seconded the motion which
carried 7-0.
At the request of Kathy Jordan, Mayor Bacon moved item (E) up on the agenda to
approve an appointment to the Clean City Commission.
Kathy Jordan made a motion that Robert Orange, 2118 Harold Lane be appointed to
the Clean City Committee representing Ward 6. Jack Shinall seconded the motion
which carried 7-0.
(B) Bid opening: 5 trucks.
Bids for vehicles for Public Works, Utilities Service, Community Development and
Parks and Recreation were opened, read and recorded as follows:
Mid -size
Full-size
One -ton
Dump
8-yard box
Pickup
Pickup
Chassis
Truck
Dump Chassis
Nalley Chevrolet'
9,200
10,487.89
24,884.43
14,472
29,320.43
9,573
26,909.43
Beaudry Ford
9,015
10,748.81
No bid
14,104.55
No bid
Wade Ford
10,230
10,300
No bid
14,400
No bid
Fouts Bros.
28,430
16,537.50
29,935
28,792
Marietta Dodge'
9,800
10,520
No bid
13,580
No bid
Wade Lnenicka made a motion the bids be turned over to the various committees with
heir recommendation back to full council at the next meeting. Bob Betenbaugh
seconded he motion which carried 7-0.
(C) Bid opening: Church Street asphalt
Bids for re -asphalting the Church Street complex were opened, read and recorded as
follows:
Able Asphalt 6,400
A-Z Paving 15,162 19,162
W. W. Wood Paving 14,377.50 20,128.50
Bankhead Asphalt 10,843.50 14,358
Blacktop Paving 12,780 17,553
Bob Betenbaugh made a motion the bids be turned over to the committee with their
recommendation back to full council at the next meeting. Wade Lnenicka seconded
the motion which carried 7-0.
(D) Bid opening: Jonquil Park asphalt
Bids for re -asphalting the Jonquil Park parking lot were opened, read and recorded
as follows:
W. W. Wood Paving 6,804
Bankhead Asphalt 7,020
e
August 1, 1988 meeting - continued
A-Z Paving 6,480
Blacktop Paving 5,832
Able Asphalt 10,000 13,500
Jack Shinall made a motion the bids be turned over to the Parks Committee with
their recommendation back to full council. Bob Betenbaugh seconded the motion
which carried 7-0.
(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 presented, without a limit on the number of credit hours per quarter, seconded
by Jack Shinall.
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
specifications; the next low bid from American Safety and Fire was for a unit not
manufactured in the United States, and a unit the Fire Chief is familiar 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:
CONSENT AGENDA:
Nothing to report.
-(A) Approval of July minutes
(B) Approval to solicit bids for computer equipment
(C) Approval to solicit bids for addition to King Springs storage building
(D) Approval to solicit bid to replace back stop at Ward Park
(E) 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 last Tuesday at the County Commission meeting the dual taxation
issue had been addressed through a millage reduction for city residents and
0
August 1, 1988 meeting - continued
thanked the commissioners. Jim said we had asked for more of a reduction, but this
is a start in the right direction.
Jack Shinall said he had received a number of calls about the survey forms being
sent out to residents on Bank Street about the sidewalks put in through Community
Development Block Grant funding. These forms are necessary for compliance under
Federal guidelines and residents need to be made aware of that before they are
mailed out.
Kathy Jordan also said a lot of work is being done in Ward 6 and there had been
some concerns from residents about the project on Belmont Circle. Mrs. Jordan said
she would like to assure the residents that she would monitor this, and other
projects in her ward.
Bob Betenbaugh thanked Jack Shinall for his involvement with the Jerry Mills Fund.
A check for the final funds was turned over to the Mills family this week.
Bob Betenbaugh also said he was very pleased with the adoption of the tuition
reimbursement program and felt it would be a good way to attract people to the
City. Bob also commended Jim Hawkins and his committee for taking action on the
travel policy and felt this should indicate to the citizens of this community that
we intend to run this city as a business.
With no further business, meeting adjourned at 9:04 p.m.
A. MAX ACON, R
LNENICKA," WARD1 2
KA'AMES M. HAWKINS, WARD
August 15, 1988
CLERK
101
The regular scheduled meeting of Mayor and Council was held August 15, 1988 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 Reverend York Chambless, followed by the pledge to the
flag.
CITIZENS INPUT•
PUBLIC HEARINGS•
Nothing to report.
(A) Annexation of 2.77 acres on Belmont Circle.
At the request of the owner, Mrs. Florence C. Bradley, Kathy Jordan made a motion
this item be tabled to the September 6th meeting. Jim Hawkins seconded the motion
which carried 7-0.
(B) Liquor, beer wine package license - Wayne's Package Store, 1184 Concord
Road, Suite 4.
John Patterson said that Mr. Wayne Rozelle has applied for a new license for this
location, in the shopping center next to Bill's Restaurant. The police
investigation was favorable and there was no opposition.