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02-01-1988 Regular MeetingFebruary 1, 1988 The regular scheduled meeting of Mayor and Council was held February 1, 1988 at Smyrna City Hall, and 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 Commissioners Thea Powell and Emmett Burton from the Eastern District, City Administrator John Patterson, City Attorney Charles E. Camp, and representatives of the press. Invocation was given by Pastor David Smith, pastor of Smyrna 7th Day Adventist Church followed by the pledge to the flag. CITIZENS INPUT: (A) Sue Brissey asked status of list previously presented to Council and expressed concern about flashing signs. (B) A proclamation dedicating the Month of March as "Hugs Not Drugs" Month was read by Mayor Pro-Tem, Jim Hawkins. (C) Jerry Mills presented a resolution in support of House Bill 68. DEPARTMENT REPORTS: Commi s s ion . PUBLIC HEARINGS• Reports were given by Public Works, Parks, and Clean City (A) Annexation of Freight Terminals property. John Patterson reported the background information on this matter. Freight Terminals, Inc. has requested annexation of 27.61 acres in landlots 687 and 754 which lies between Interstate 285 and Oakdale Road in the southern section of the City. The legal description was read into the record on January 4, 1988. All public notices and advertisements have been properly placed. If annexed into the City, it will become a part of Ward 7. There was no opposition to the annexation. Bob Betenbaugh motioned that we accept the annexation request. Jim Hawkins seconded the motion and it was approved 7-0. (B) Beer, Wine & Liquor Pouring License management change for Copperfield's, South Cobb Drive. John Patterson said they asked that this be tabled to another meeting due to conflicting schedule requirements. Jim Hawkins motioned to table to February 15, 1988 and motion was seconded by Kathy Jordan and passed 7-0. (C) Beer & Wine Package License - 777 Food Store, 1649 Windy Hill Road John Patterson stated that the Lees of the 777 Food Store came before Mayor and Council on August 3, 1987 when their license was suspended for six months due to allegations of sales of alcoholic beverages to minors. They have come to ask for a renewal of the license. Jerry Mills questioned Joong Lee concerning a previous conviction of selling alcohol without a license on July 2, 1985. Mr. Lee denied this charge. Jerry Mills made a motion that the license be denied due to falsifications in the application. Bob Davis seconded the motion and it was denied 7-0. FORMAL BUSINESS• (A) Ordinance Amendment - Clean City Commission John Patterson stated that there is a need to modify the Clean City Commission Ordinance to keep it more in line to the "Keep America Beautiful" programs. Kathy Jordan read the following changes: Section 2-82. Short title; citing ordinance. This ordinance shall be known as "The Clean city Commission Ordinance of the February 1, 1988 - Cont. City of Smyrna, Georgia" and shall be cited as "Smyrna Clean and Beautiful". Section 2-83. Membership. The Clean City Commission shall be comprised of a seven (7) member commission and a chairman, all of whom are residents or have a place of business in the City of Smyrna. The seven (7) member commission shall be nominated and approved by the Mayor and City Council and shall serve in an executive board capacity. The chairman shall be selected by the commission and approved by the Mayor and City Council. The commission will also have an executive coordinator's position which may be salaried and will be filled by the Mayor and City Council by selection from qualified candidates who apply for the position, and who serve at the pleasure of the Mayor and City Council. In addition, the commission may appoint seven (7) ex-officio members, who will serve in a support capacity. Section 2-84. Term of office. (a) Members of the commission shall serve a two (2) year term which will be eligible for renewal at the desire of the commission and approved by the Mayor and City Council. (b) The commission shall elect from its membership, a vice chairman and such other officers as may be desired. Officers shall be elected on a calendar year basis but may be re-elected for succeeding terms. Section 2-86. Commission's duties. The Clean City Commission shall recommend refuse and environmental management policies to the Mayor and City Council in order that all city refuse, beautification, and other clean city activities may follow a common purpose. The commission shall have the following responsibilities: (1) Develop city-wide refuse and environmental recommendations; (2) Determine and recommend to the Mayor and City Council, program priorities on a city-wide basis; (3) Recommend enforcement and additional program alternatives; (4) Study city performance from data collected and examined under the Keep America Beautiful, Inc., Clean City Council; (5) Encourage and plan landscaping, planting and/or preservation of trees, flowers, plants, shrubs, and other objects or ornamentations; (6) Carry out such other tasks as the City Council may designate. To accomplish these responsibilities the commission may establish subcommittees including, but not limited to, the areas of business and industry, communications, community organizations, municipal operations, schools, finance and recycling. Each subcommittee will be chaired by a clean city commission member with a number of community volunteers established and chosen by the commission, a working subcommittee staff. Kathy Jordan motioned that the ordinance amendment be adopted. Jerry Mills seconded the motion and it carried 7-0. (B) Bid Openings: (1) 4-door Sedan for Fire Department. Chuck Clancy $12,066.00 Northside Chevrolet no bid Wade Ford $12,505.85 Jerry Mills motioned to turn this over to the committee to return with recommendation next week. Jack Shinall seconded and it was approved 7-0. (2) Protective Clothing for Fire Department. Jack Shinall motioned to turn this over to the fire committee to return with recommendation next week. Bob Davis seconded the motion which carried 7-0. s February 1, 1988 - Cont. (C) Approval of System Development Fees John Patterson stated that the County has been discussing the implementation of a system development fee for well over a year. This would allow new growth to pay for the additional capacity required at the treatment plants in order to meet there sewer flows. On September 8th the Commission adopted a $1,200 dollar regional fee and a $500 dollar nonregional fee. This was confirmed at a meeting on October 20th wherein they specified more clearly the schedules used for calculating the fees to be charged. There has been some confusion amongst the Commission members regarding the specifics of the agreement which have all now been ironed out. The attached agreement is a modified agreement that provides for a pay back to the City of Smyrna for any losses we suffer in revenue as a direct result of entering this agreement. The last paragraph of the narrative section of the agreement is a paragraph inserted to protect our interests. The Mayor stated that with the original agreement the City might lose $40,000 based on what was taken in last year. That agreement has been amended so that in the fourth quarter of every year, if there are any losses they would be withheld. The Mayor then suggested that we need to support our sewer system. Jack Shinall added that he would support the agreement instead of a sewer fee increase. Jim Hawkins said he found out the Commission Chairman sent a proposed bill to the state limiting municipalities power to annex. He then asked if there would be problem if the vote was delayed again. The Mayor suggested that it was time to vote on the agreement. After further discussion, Jim Hawkins motioned that the systems development fee be adopted on the basis of $12,000 regional system development fee and $500 non -regional development fee. Jack Shinall seconded the motion. It was urged that those who want to be on the City's sewer system do so before March 1st when fees increased. Motion was approved 7-0. (D) Authorized City Attorney to Present Legislation for Activation of Downtown Development Authority. Jerry Mills made a motion that the City Attorney be authorized to present legislation for activation of Downtown Development Authority. Kathy Brooks seconded and it was approved 7-0. Bid Awards: Nothing to report. Commercial Building Permits: (1) Power Construction Company request a building permit. Estimated cost of construction to be $168,000.00 for Texaco Gasoline convenience store and carwash located at the corner of South Cobb Drive and Jones Shaw Road. All site and construction plans have been approved by the City Engineer, Fire Marshal and Building Inspector. Kathy Jordon motioned, Jack Shinall seconded and it was approved 7-0. (2) Smyrna Hospital requested a building permit for an Engineer Building. This is located at the rear of Smyrna Hospital. They are intending to use as a portable office building. The size of the structure will be 1400 square feet 28 x 50' and it will be placed on a permanent foundation. All plans have been approved by Inspections Department. Bob Betenbaugh motioned, Kathy Jordan seconded and it was approved 7-0. Consent Agenda• (A) Renewal of concession agreement - Fox Creek Golf Course (B) Approval of January minutes (C) Authorization to solicit bids for playground equipment (D) Approval of contract with Spartan Productions for public relations film Jack Shinall made motion that the consent agenda be approved with the exception of item A. Jerry Mills seconded the motion which carried 7-0. Council Input• Wade Lnenicka thanked Emmett Burton and Thea Powell for attending the meeting. He also clarified that the total of two increases in sanitation fees February 1, 1988 - Cont. was 62%, the single latest increase was not 62%. He suggested that we try to get better microphones. Lastly, he wished a speedy recovery to City Clerk, Melinda Dameron. Jack Shinall recognized two awards to the Fire Department, Unit Citation Value Award and the Outstanding Rookie Firefighter of the Year to Richard Ray Connelly. Lastly he had a copy of Commissioner Smith's bill and pointed out the major items. Jerry Mills pointed out the Kathy Jordon had been chosen Ms. Smyrna for 1988. Bob Betenbaugh wanted to remind his ward of the zip code change. Mayor Bacon further discussed the santitation fee increase brought up by Wade Lnenicka. He expressed a wish to receive the justification of these increases before they come about. With no further business, meeting adjourned at 9:00 p.m. A. MAX BACON, MAYOR MELINDA AMERON C Y CLERK BOB DAVIS, WARD 1 J ERRY MILLSARD 3 BOB BETENBAUGH, WARD AM. HAWKINS, WARD 4 -/Ct& KATHY BkOr JORDAN, WAO