04-19-1993 Regular MeetingApril 19, 1993
The regular meeting of Mayor and Council was held April 19, 1993 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 Bob Thomson,
City Clerk Melinda Dameron, City Attorney Charles E. Camp, Police
Chief Stan Hook, Parks and Recreation Director Steve Ciaccio,
Library Director Laurel Best, Community Relations Director Kathy
Barton, Fire Chief Larry Williams, Public Works Director Vic
Broyles, City Engineer Ken Hildebrandt, Finance Director Jim
Triplett and representatives of the press.
Invocation was given by Eric Matheson, pastor of Norton Park
Baptist Church.
CITIZENS INPUT:
Sandra McQueen, a resident of Church Street presented a petition to
council requesting that the speed limit on Church Street from South
Cobb to Atlanta Road be lowered to 25 miles per hour, that stop
signs be used at all 3-way intersections and that the left turn
signal from South Cobb Drive onto Church Street toward Atlanta Road
be disconnected between the hours of 6:00 a.m. to 9:00 a.m. and
4:00 p.m. to 7:00 p.m. weekdays. Jim Hawkins advised Ms. McQueen
that he will look into her request and give her an answer within
the next 2 weeks.
In the absence of Mary Ann White, Jim Triplet presented a
certificate and gift certificate to Cheryl Crain, an employee of
the Smyrna Library who was named'Employee of the Month at the last
meeting.
PUBLIC HEARINGS:
(A) Agent change - Ruby Tuesday, 3297 South Cobb Drive
Richard A. Chaney, the agent named in the application was not
present. Councilman Hawkins made a motion the request be tabled to
the next meeting. Councilman Ron Newcomb seconded the motion which
carried 7-0.
(B) Owner change - Spring Road Package Store, Inc., 1669 Spring
Road
Bob Thomson stated that Judy Lee is applying as the agent to
continue holding the license at Spring Road Package Store. The new
business name is Garbo, Inc., William Borden owner. The police
investigation was favorable and there was no opposition.
Ms. Lee said she had owned the business for several years but sold
it recently to Mr. Borden and had agreed to continue to act as
agent for the corporation by continuing to hold the license in her
name.
Councilman Bill Scoggins made a' motion the license be approved.
Councilman Wade Lnenicka seconded the motion which carried 7-0.
(C) Agent change - Cumberland Amoco, 2535 Cobb Parkway
Bob Thomson stated that Johnie E. Cooks, Sr. is requesting the
license as the new owner/agent for JEC, Inc., d/b/a Cumberland
Amoco. The police investigation was favorable and there was no
opposition.
Councilman John Patrick made a motion the license be approved as
requested. Councilman Hawkins asked Mr. Cooks if he had reviewed
our ordinance. Mr. Cooks stated that he had, and agreed to abide
by them. Councilman Hawkins reminded Mr. Cook that the City and
County will conduct sting operations periodically and if any
violations did occur, he would be responsible.
April 19, 1993 meeting - continued
Councilman Hawkins seconded the motion to approve the license which
carried 7-0.
(D) Variance request - exceed height limit and total copy area of
square footage of sign - Uncle Bud's Catfish Restaurant, 3282 South
Cobb Drive
Bob Thomson stated that Morris: Dever, representing Uncle Bud's
Catfish Restaurant has submitted' a variance request to erect a sign
at their new location which will exceed the 35 foot height limit by
7 feet, and the 120 square foot copy area by 112 feet, for a total
signage of 232 square feet. Sue Brissey said she had questions of
the applicant and was sworn in with Morris Jones, partner.
Mr. Jones said their standard trademark sign has a large catfish
attached to the top which becomes a landmark for the area. The
elevation of this property is considerably lower than the right of
way of South Cobb Drive and will be difficult to see without the
increased height and copy area.
Mrs. Brissey said she did not like to see this coming to Smyrna
because it set a precedent and did not feel that this request could
be considered a hardship.
After further discussion Jim Hawkins made a motion the variance be
granted as requested. Bill Scoggins seconded the motion which
carried 6-1 with Ron Newcomb opposed.
FORMAL BUSINESS:
(A) Bid opening - defibrillator for Fire Department
Bids were opened, read and recorded as follows:
Universal Medical Systems
Matrx Medical, Inc.
Laerdal Mfg. Corp.
Physio Control Corp.
Marquette Electronics
$ 9,191 .00
$ 8,895.00 - 2 or more
$ 6,500.00
No Bid
$10, 094.00
$8,253.00
$7,794.00 - demo unit
Councilman Jim Hawkins made a motion the bids be turned over to the
Fire Committee for their recommendation back to full council.
Councilman Wood seconded the motion which carried 7-0.
(B) Bid opening - fire hoses for Fire Department
Bids were opened, read and recorded as follows:
Harolds Sales & Service $ 9,188.00
American Safety & Fire House $ 9,600.00
Harless Fire Equipment $ 8,995.00
Firefighting Supplies $ 8,842.00
Safety Equipment Co. $108,000.00
National Emergency Fire No Bid
Councilman Hawkins made a motion the bids be turned over to the
Fire Committee for their recommendation back to full council.
Councilman Cramer seconded the motion which carried 7-0.
(C) Bid opening - protective clothing for Fire Department
Bids were opened, read and recorded as follows:
April 19, 1993 meeting - continued
American Safety & Fire House $411.00 each
Harolds Sales & Service $443.90 each
$441.90 - option #1
$538.00 - option #2
Municipal Equipment Co. $429.00 each
$429.00 - option #1
$513.00 - option #2
Morning Pride Mfg. $384.33 each
$384.33 - option #1
$502.67 - option #2
Councilman Hawkins made a motion the bids be turned over to the
Fire Committee for their recommendation back to full council.
Councilman Cramer seconded the motion which carried 7-0.
(D) Amendment to Civil Service Board procedures (acceptance of
applications)
Bob Thomson stated that the Civil Service Board has requested that
an amendment be made to their testing and promotion procedures, by
accepting job applications only during the advertised time period
for job openings. Currently applications are accepted any time and
held until openings become available and several hundred
applications are currently on file for future testing.
Councilman Lnenicka said this amendment will conform to the City
policy of accepting job applications. Police and Fire have always
operated under a separate procedure and have accepted applications
any time with them left on file. The backlog of applications
results in a tremendous expense to notify those persons and
administer the written and oral exams.
Councilman Lnenicka made a motion we accept the recommendation of
the Civil Service Board to accept applications for new hire
positions in Police and Fire only during the period of time that
the positions are advertised. Councilman Ron Newcomb seconded the
motion which carried 7-0.
(E) Validate petition to annex 15.5 acres - 671 Austin Drive
Bob Thomson stated that Harold and Jeanne Curtis have requested
annexation of this property which fronts on North Cooper Lake Road
and Austin Drive. The property is currently vacant but their plans
are to develop a small subdivision.
Councilman Wood made a motion the petition be validated and a
public hearing set for May 17, 1993. Councilman Patrick seconded
the motion which carried 7-0.
(F) Amend water surcharge policy
Bob Thomson stated that in April 1992 council amended its water
supply contract to establish a surcharge on the excessive use of
water during summer months. Currently our customers are billed an
additional 90 cents per thousand gallons to be applied when the
monthly consumption exceeds 125% of the established winter average
(December, January and February). The surcharge would not apply to
those users with winter averages of 5,000 or less. The proposal is
to amend the policy to increase the minimum consumption threshold
from 5,000 to 7,000 gallons.
Councilman Wood said the policy adopted last year was based on our
contract with Cobb County, the sole supplier of water to our city.
This year we are proposing that the threshold be increased to 7,000
gallons which allows more leeway for our customers. We did not
incur any additional expenses last year from the Water Authority
April 19, 1993 meeting - continued
and it is felt that increasing the threshold will allow us to apply
the surcharge more fairly and equitably. Councilman Wood made a
motion the surcharge policy be amended by increasing the minimum
threshold to 7,000 so that anyone with a winter average of 7,000
gallons or less will not be affected. Councilman Lnenicka seconded
the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS: Nothing to report.
BID AWARDS:
(A) Protective vests - Police Department
Councilman Lnenicka said that bids have been requested on two
separate occasions for protective vests. The first bids were for
kevlar vests which has been standard in law enforcement for many
years. While reviewing those bids', the department learned of a new
improved vest made with a fiber called Spectra which provides a
greater level of protection. A decision was made to re -bid to
include the Spectra vests in the specifications. In addition to
the higher threat level protection, the manufacturer offers a 10
year warranty versus a standard 5 year warranty with others. Of
the four bids received, two were determined to be ineligible; one
was absent pricing information and the other was submitted late.
The committee reviewed the other two bids and also conducted a
survey of the police officers as to their preference. Their
overwhelming response was that they preferred the Spectra fiber
vest. Councilman Lnenicka made a motion we accept the bid from
Progressive Technologies, Inc. for their full coverage vest at
$520.14 per vest with a 10 year warranty. Councilman Jack Cramer
seconded the motion which carried 7-0.
CONSENT AGENDA:
(A)
Approval
of
April 5, 1993 minutes
(B)
Approval
to
request bids for copier - Court Services
(C)
Approval
to
transfer CDBG funds
Councilman Wood made a motion the consent agenda be approved.
Councilman Cramer seconded the motion which carried 7-0.
SHOW CAUSE HEARING - CAPITAL THEATERS
Bob Thomson stated that Capital Theaters has continued to operate
their business at Four Seasons Mall although they have failed to
renew their 1993 business license. The total amount due is
$2,079.00 which includes a base amount of $1,890 and penalty of
$189. Several attempts have been made to contact Mr. Steven Allen,
theater owner but he has failed to respond. Mr. Allen was sworn in
by Attorney Charles Camp.
Mayor Bacon advised Mr. Allen that according to the information
they had been given, his 1993 business license was unpaid and there
was also an outstanding sanitation bill totaling $2,745.70. The
hearing tonight is to give Mr. Allen an opportunity to show cause
as to why his license should not be permanently revoked.
Mr. Allen said the sanitation bills were being billed to the
previous owner but he had sent in a fax for a change of address.
There are also some disputed sanitation bills that have been paid
by the previous owners and he objected to being forced to using the
service provided by the City which is twice as high as other
companies. Mr. Allen said he should have come in earlier to see
Mr. Thomson about the business license but had not had time prior
to today. Mr. Allen said he objected to the amount of the license
fee charged by the City, and paid from $35 to $176 for licenses at
their other theaters. They were billed $300 for ;each of the six
April 19, 1993 meeting - continued
screens in the theater; all other locations are based on gross
receipts. Mr. Allen said each of his theaters is a separate
corporation and he is the president of every corporation, with he
and his brother being sole owners. The name of the corporation for
this particular location is Cobb Center VI and was purchased
September 17, 1992 from United Artists. Mr. Allen said they had a
theater in the City of Marietta under the corporate name of Capital
Cinema Corporation and they pay $170 for three screens. The other
location is in Fayetteville and they pay $75 for three screens.
Mayor Bacon said that based on those amounts, it would appear that
our fees are a little high; however, this is April 19th and no
contact has been made with the City to discuss the amounts. Also
to his knowledge, United Artists paid the fee each year without
dispute. Councilman Wood reminded Mr. Allen also that the other
licenses he mentioned are based on gross receipts and when their
business grows the amount of the fee also grows. Our business
community has expressed their desire many times that the City
retain the flat fee method of billing, rather than use gross
receipts.
Councilman Cramer said he still had not received an explanation
from Mr. Allen regarding his failure to pay his business license
fee. Mr. Allen said he had tried to call but had never been able
to get an appointment, but it was mainly his fault that he had not
talked to Mr. Thomson. He thought when he was served with the
letter from the City Marshal that there was nothing that could be
done until tonight. He did come in today to talk to Mr. Thomson
but he indicated that it was too late.
Mayor Bacon asked Mr. Allen when he last paid a sanitation bill.
Mr. Allen said he had not paid one; United Artists made a payment
of $1,731 in February which he felt was an overpayment. United
Artists is now trying to collect that payment from him.
Mr. Allen said Smyrna does not seem to be a place that is conducive
to doing business. Mayor Bacon replied that we are pro -business
and his is the only business in Smyrna that has not paid their 1993
fees. Also until today, Mr. Allen has made no contact with any
city official to discuss the past due fees.
Mr. Allen said he had not received any bills from the City;
everything is being mailed to United Artists. The letter he
received from the City Marshal was hand delivered to the theater.
Mr. Allen said he was challenging the amount due because they are
unreasonably high and also felt he had been overcharged on
sanitation. He was hoping to have a week or 10 days to meet with
Mr. Thomson and try to resolve this issue. He was not trying to
get out of paying, and if it was reasonable would have already
paid.
Councilman Lnenicka said the proper way to dispute a bill is to pay
it, and file a protest of the amount. His feelings regarding the
gross receipt method of billing is entirely opposite of the desires
of the business community. Councilman Lnenicka said he was very
glad Mr. Allen came tonight but did not understand his combative
attitude.
Mayor Bacon stated that he wanted Mr. Allen's business in Smyrna
but he must pay his license fees including sanitation. Mr. Allen
said the other option was for the business to be closed and he
could leave, which did not seem to be too bad of an option. Mr.
Allen said he absolutely was not going to pay that much money for
a license and he also was not going to pay the $1700 to United
Artists for the past due sanitation fees. Mr. Allen said the fact
that no one before him has protested the amounts did not bother
him; he liked the way he runs his business and liked his decisions.
April 19, 1993 meeting - continued
Councilman Cramer made a motion that if the fees are not paid by
12:00 noon tomorrow, the City Attorney be authorized to take
whatever action is necessary to revoke the license. Bill Scoggins
seconded the motion.
Councilman Lnenicka sad he would support the motion but it was
obvious that if we gave him until tomorrow, or noon until a month
from now, his answer would be the same; he is not going to pay and
there is no room for discussion: Vote on the motion carried 7-0.
Mayor Bacon allowed further discussion with Mr. Allen who concluded
that the stance taken by council, tonight was a form of extortion to
take money from his company; he did not think it was fair and if
the City wants to push it to court it will cost a lot more than the
fees in question. Mr. Allen said he also did not appreciate Mr.
Thomson wasting his and council,'s time by having him come to the
meeting tonight. i
COMMITTEE REPORTS:
John Patrick called on Laurel Best for a report from the Library.
Mr. Patrick also read a letter from a citizen commending Laurel
Best and the Library staff for their efficiency and courteous
behavior.
In the absence of Mary Ann White, Councilman Newcomb called on Jim
Triplett for a report from Personnel.
Councilman Scoggins called on Kathy Barton for a report from
Community Relations. Mrs. Barton named the winners of the Miss
Jonquil Pageant and reminded everyone of the ceremony Saturday,
April 24th to raise the new city flag.
l
Councilman Newcomb asked Mrs. Barton to design a flyer to go out to
all citizens to remind them that trash should not be placed at the
curb except on their designated'pickup days.
Councilman Scoggins called on Vic Broyles for a report from Public
Works. Mr. Broyles said the majority of citizens are still not
separating trash and limbs as they should and if separated
properly, trash and limbs will be removed every week. The chipping
program is successful and they are picking up about 5 1/2 tons per
day for an annual savings in tipping fees of $37,000. The first
and fourth weeks originally designated for chipping may need to be
adjusted to meet demand.
Councilman Jim Hawkins called on Larry Williams for a report from
the Fire Department. Chief Williams reported that several of his
firefighters have installed smoke detectors for eleven residents
who could not afford them otherwise.
Councilman Hawkins announced that the Windy Hill Flea Market has
opened and there are 50 booths open, with no admission charge.
Councilman Cramer called on Steve Ciaccio for a report from the
Parks Department. Mr. Ciaccio reported on the upcoming Jonquil
Festival and other summer programs.
Councilman Cramer also read a letter from a business group
commending Susan Hunt for her assistance in booking facilities at
the Community Center. Mr. Cramer announced that he would be
conducting bus tours for residents of his ward to get their input
on areas of concern. Also, petitions are forthcoming for 3 way
stops on Stonecreek and Kennesaw Drive.
Councilman Lnenicka read a letter from the Administrator of Smyrna
Towers commending Officer Dobson for=the way he handled a problem
April 19, 1993 meeting - continued
recently at the Towers..
Councilman Pete Wood called on Jim Triplett for a report from
Finance. Mr. Triplett gave an update on the preparation of the
FY94 budget and stated we anticipate a $400,000 surplus at the end
of this year.
With no further business, meeting adjourned at 9:25 p.m.
A. MAX BACON, MAYOR MELI A DA E ON, ITY CLERK
JOIN PATRICK, WARD 1 RON NEWCOMB, WARD 2
BILL S�CQfeGINS, WARD 3
H:5A—CK/�,91RAMER, WARD 5/
CHARLES PETE WOOD, WARD 7
t