10-03-1988 Regular MeetingOctober 3, 1988
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on October 3, 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 except for Kathy Jordan. Also present was City Attorney Charles E.
Camp, City, Administrator John Patterson, City Clerk Melinda Dameron and
representatives of the press.
Invocation was given by Reverend E. L. Stephens, pastor of Spring Street Baptist
Church, followed by the pledge to the flag.
Mayor Bacon read a press release concerning the water loss at Fox Creek Golf
Course and said that matter was settled earlier tonight and full restitution has
been made, including $157,145.27 water and sewer charges; $16,351.00 interest and
$27,000.00 for installation of a master meter at Windy Hill Road. The District
Attorney approves of the settlement made and Mayor Bacon said this matter was now
closed.
CITIZENS INPUT: Nothing to report. Mayor Bacon recognized State Senate candidate
Ken Parris in
the audience.
Mayor Bacon introduced "Pluggie", a robotized fire hydrant which was donated by
ADT Security Systems, to promote Fire Safety Week in our community.
Wade Lnenicka presented the traditional crystal jonquil to outgoing Parks &
Recreation Committee member Charles Cook, who is retiring.
DEPARTMENT REPORTS:
PUBLIC HEARINGS•
Quarterly reports were given from Public Works and Library.
(A) Zoning request - 3452 South Cobb Drive from 0&I to GC
John Patterson said that Glenn Brock is requesting the rezoning of this property
to General Commercial (conditional) to facilitate a Goodyear Tire and Service
Center, a diner and auto service center. This property was zoned from R-20 to O&I
on August 18, 1986 for a medical office building. At that time there was
considerable discussion about this property abutting residential and the concerns
of the neighbors in the area. Since the 1986 rezoning, the owners have tried to
market this property as O&I and have been unable to do so. Property to the north
and east is zoned General Commercial, with R-15 to the south and west. There was
no opposition.
Glenn Brock presented aerial photos and plans of the proposed development and
stated they also have signatures of the adjacent homeowners stating they have no
objections to the development. Mr. Brock said they have made over 300 contacts to
attempt to develop the property as O&I but were unable to secure a tenant.
Jim Hawkins said he was very concerned with the narrow buffer between the
Goodyear store and the adjacent residential property lines. Mr. Brock said there
would be approximately a 14 foot buffer between the building and property but the
adjoining homeowners preferred this plan over his original plan of placing the
diner adjacent to their property lines and leaving a 50 foot buffer because the
Goodyear store would not be open late at night and the building would provide a
better visual buffer from South Cobb Drive. City Engineer Mike Hutchinson had also
recommended the plan presented tonight.
Jim Hawkins asked Mr. Camp about the conditional zoning and whether or not the
conditions were valid if the applicants did not agree with them. Mr. Camp said if
council had a valid reason for placing certain conditions on the zoning which
related to the public health, safety and welfare of the citizens, they would not
necessarily have to agree as long as it did not place any undue hardship on them.
Jack Shinall said Section 1201 of the code allows developers to draw their plans
basically ignoring setbacks, etc. and this section is set aside for properties
with very specific problems relating to development such as topography, drainage,
etc. and is not used for a normal development. Specific plans must be presented
and built by the plans approved by council. Mr. Shinall said he was not
comfortable with the plans presented tonight because they were vague and did not
specify requirements concerning parking, water retention, topography, size of
buildings, etc.
After further discussion, Jim Hawkins made a motion this be tabled until the plans
could be revised to place the buildings as far away from the residential property
lines as possible. Jack Shinall seconded the motion which carried 5-1, with Wade
Lnenicka opposed.
October 3, 1988 meeting - continued
(B) Variance request - accessory building at 505 Floyd Drive exceeding maximum
size allowed.
John Patterson said that Mr. Ben Brawner is requesting a variance to allow him to
construct a 988 square foot accessory building behind his house containing
approximately 1,800 square feet, thus exceeding the maximum 25% coverage allowed.
There was no opposition.
Mr. Brawner this is an older home with no carport or basement, and not enough room
on the side of the house for an addition. The accessory building will provide
parking for his vehicles and storage for his boat, freezer, 4-wheel motorcycle,
lawnmower, etc. and the existing storage building will be removed. Mr. Brawner
said he was actively involved with SAA and occasionally in the winter months they
may use the building for basketball practice with probably no more than 5 or 6
young boys. There would, however, be absolutely no commercial or business
activity. Mr. Brawner said the slab for the building has already been poured and
until recently thought the building permit had already been purchased and
everything approved by the City.
After further discussion, Jack Shinall made a motion the variance be approved to
construct an accessory building for storage of personal property and only the
minimum accessory uses as stated by Mr. Brawner tonight. Bill Scoggins seconded
the motion which carried 6-0.
(C) Variance request - side yard reduction from 10 feet to 3 feet at 3004 Clifton
Road.
John Patterson said that Mrs. Vera Farrer is requesting this variance to construct
an accessory building 3 feet from the property line for storage. The rear yard is
heavily wooded, rocky and steep and not usable. The adjacent property owners have
agreed to the variance and there was no opposition from the audience.
Mrs. Farrer said her husband makes small pieces of furniture as a hobby but not
for commercial use, and the building would be used for storage of tools and
equipment. With little discussion Jim Hawkins made a motion the variance be
approved as requested. Wade Lnenicka seconded the motion which carried 6-0.
FORMAL BUSINESS•
(A) Open bids - fire hose.
Bids for new fire hose were opened, read and recorded as follows:
Harolds Sales & Service $21,500
Harry Harless Co. $27,063
Jack Shinall made a motion the bids be turned over to the Fire Committee for their
recommendation back to full council. Bob Betenbaugh seconded the motion which
carried 6-0.
(B) Appointment to Parks & Recreation Commission - Ward 6.
In the absence of Kathy Jordan, the appointment for Ward 6 was delayed to the next
meeting.
(C) Appointment to Parks & Recraetion Commission - Ward 2.
Wade Lnenicka made a motion that Peter Correa be appointed to the Parks Commission
representing Ward 2. Bob Betenbaugh seconded the motion which carried 6-0.
(D) Appointment to Parks & Recreation Commission - Ward 1.
Bob Davis made a motion his appointment be tabled to the next meeting. Jack
Shinall seconded the motion which carried 6-0.
BID AWARDS:
(A) Sanitation Service contract
John Patterson said proposals were solicited on August 16th from seven sanitation
services doing business in the Atlanta area for comprehensive sanitation services
for the City beginning January 1, 1989 for a 5 year period. We received 5
proposals on September 6th; United Waste asked that their proposal be removed from
October 3, 1988 meeting - continued
consideration on September 7th. There has been a good bit of analysis and
discussion and review of the figures given in addition to the analysis of
conditions in the marketplace in the sanitation field and the county landfill in
particular. The staff recommendation is to go with the Chambers Development
Company fixed bid because it meets the low bid criteria and is the most
responsible low bid in this matter.
Wade Lnenicka stated that when we went out for proposals we looked at three
separate areas; the residential system, the commercial contract and also asked for
proposals on street sweeping. The Public Works Committee reviewed the request for
proposals and recommended that we leave the residential system alone because they
could not see a significant decrease in the cost and there was some concern about
the investment we have in equipment and the future of the long-term employees we
have in that department. We also recently signed a contract for street sweeping
earlier this year and the committee also decided to leave that contract in effect.
Mr. Lnenicka said these were proposals rather than sealed bids and read a section
from the proposal that was given to the vendors stating, "the City understands
there are
some changes in our current system that could be made to make it more attractive
and less costly for our residents. We are willing to discuss any of these and to
accept new ideas in the proposals." Mr. Lnenicka said this was brought out in the
pre -proposal conference and there were discussions with individual contractors
about bringing out new ideas and concepts. There were 5 proposals received and
one immediately withdrew which left us with our current commercial vendor which is
BFI, Chambers Development, Laidlaw and Waste Management. Chambers submitted two
bids; one the traditional cost today with increases to be passed along. The other
bid was a fixed proposal, something the other vendors did not do, which provided
for a 5 year fixed price based on the CPI index. The fixed price proposal from
Chambers after a 4 year period, proved to be significantly less expensive to the
City than the others, based on a 5 year total cost of the proposal given and the
assumptions that were made in the computation.
Wade Lnenicka made a motion the City be authorized to negotiate a contract with
Chambers Development for commercial garbage pickup, based on their fixed price
proposal to the City and authorize the Mayor, once negotiations are completed, to
sign that contract. Bill Scoggins seconded the motion.
Jack Shinall said he would not support the award of the contract because he
disagreed in the way the proposal was prepared. It was prepared with a consumer
price index increase included and our previous contract did not include that. Mr.
Shinall said he had never seen a consumer price index go down, so theoretically
that means we will be raising garbage rates every year, or absorbing the increase
of the CPI. He did not feel that was being fair to the business people and
personally did not agree with tying rate increases in with the CPI.
Mayor Bacon said he disagreed; he did not think that by adopting the Chambers
proposal tonight that it will mean an increase for commercial pickup. Wade
Lnenicka said he could understand Mr. Shinall's concerns but there are too many
variables involved to allow a company to forecast a 5 year contract on an
absolute fixed rate. The other proposals had some type of pass through increase
included in them and the Chambers proposal is guaranteed at a maximum 5% increase
per year on the CPI.
Jack Shinall said again he did not oppose the award to Chambers but objected to
the way the proposal was presented in its entirety. Vote on the motion to award
the contract carried 5-1, with Jack Shinall opposed.
(B) Playground equipment
Bob Betenbaugh made a motion the bid for playground equipment for Lake Court and
Jonquil Parks be awarded to Miracle at $17,928 based upon their durability and
safety. This is not the low bid but most of their equipment is pre -assembled which
will save money in the long run during installation. Jim Hawkins seconded the
motion which carried 6-0.
COMMERCIAL BUILDING PERMITS:
(A) Commercial Contracting Corp. requested a building permit for construction of
a new office building at 1300 Hawthorne Avenue at a total estimated cost of
$160,000. Bill Scoggins made a motion the permit be approved. Jack Shinall
seconded the motion which carried 6-0.
October 3, 1988 meeting - continued
CONSENT AGENDA:
(A) Approval to surplus 1957 fire truck
(B) Approval of September minutes
(C) Approval of Lex Jolley & Associates, bond underwriters.
Jim Hawkins made a motion the consent agenda be approved. Wade Lnenicka seconded
the motion which carried 6-0.
COUNCIL INPUT:
Wade Lnenicka said he was pleased that restitution had been made by Fox Creek and
that was one of our primary goals from the beginning.
Wade Lnenicka reminded everyone the water ban is still in effect.
Jim Hawkins said he was of the opinion that the water ban was to end September
30th and was no longer in effect.
Jack Shinall said the Fire Department is doing a good job in promoting fire
prevention week and there are many activities planned including the Fireman's
Ball.
Bob Betenbaugh reported on parks activities and said he also was pleased that we
had reached a settlement with Fox Creek Golf Course. Many people thought there was
no progress being made because of the period of time lapsed since the
investigation began.
With no further business, meeting adjourned at 9:13 p.m.
,, . WY,,MVM"/
u I Do ffl &IA-eu1I'll 11 1:,
KATHY bRUUKS JUFJJRN, WAFJJ b
October 11, 1988
A special called meeting of Mayor and Council was held October 11, 1988 at Smyrna
City Hall. The meeting was called to order at 6:05 p.m. by presiding officer Mayor
A. Max Bacon. All council members were present except for Jack Shinall. Also
present was City Administrator John Patterson, City Attorney Charles E. Camp and
City Clerk Melinda Dameron.
Mayor Bacon said the purpose of this meeting was to discuss several personnel
matters in the Police Department. Bob Davis made a motion the meeting be closed to
allow further discussion. Jim Hawkins seconded the motion which carried 6-0.
The meeting reconvened at 6:50 p.m. and Bob Davis made a motion that based upon
investigation and recommendation by the Police Committee, Police Chief R. E.
Little be suspended for five (5) days from October 13, 1988 through October 19,
1988 and that he be notified of the suspension by letter. Bill Scoggins seconded
the motion which carried 6-0.
John Patterson reported that we would be moving into trial next week on the FLSA
suit and presented a memo to council outlining an offer of settlement that had
been made by members of the Fire Department involved in the suit. Federal law