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09-07-1993 Regular MeetingSeptember 7, 1993 The regular scheduled meeting of Mayor and Council was held September 7, 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, Parks and Recreation Director Steve Ciaccio, Library Director Laurel Best, Police Chief Stanley Hook, Public Works Administrative Assistant Brenda Barrett, City Engineer Ken Hildebrandt, Fire Chief Larry Williams, Personnel Director Mary Ann White, Finance Director Jim Triplett and representatives of the press. Invocation was given by Gary Ellison, pastor of Calvary Baptist Church followed by the pledge to the flag. Citizens Input: Personnel Director Mary Ann White presented the Employee of the Month award to Engineer Steve Wilkins of the Smyrna Fire Department. Mr. Bill Sommers thanked the City for its cooperation in his eleven years of business in the City. Mr. Sommers, owner of Red Dot Package Store, stated he closed at 2:00 p.m. today and just wanted to come by and say goodbye. Mayor Bacon asked Ron Newcomb to read a proclamation on behalf of the American Business Woman's Association proclaiming September 22, 1993, National Business Woman's Day in celebration of the 44th year of the organization. Ms. Betty Turley received the proclamation on behalf of the organization. Public Hearings: (A) Agent Change - Alcoholic Beverage License - Aunt Fanny's Cabin Mr. Thomson stated New South Management, Inc. has submitted a new application for retail pouring of beer, wine and liquor. Mr. Thomas Monroe Posey is the owner/manager and has been the owner of the establishment for some time. The Police Department has completed the investigation and has found nothing that would preclude him from obtaining the license for which he has applied. Mayor Bacon then asked Mr. Posey to step forward and asked if anyone was present in opposition to this requested beverage license change. There was no one present in opposition. Mayor Bacon then called on Mr. Newcomb. Councilman Newcomb stated Mr. Posey will be the manager on site as required by our new ordinance. Mr. Newcomb then asked Mr. Posey to explain how he would ensure that they comply with the provisions of the Alcoholic Beverage Ordinance. Mr. Posey stated that all servers are made aware of the laws of the City and that their jobs would be at risk if they violate the laws of the City of Smyrna. Mr. Newcomb then asked Mr. Posey if he had read the ordinance and Mr. Posey responded that he had read it and does understand it. Mr. Hawkins asked Mr. Posey if Aunt Fanny's now has a dinner theater and Mr. Posey responded yes they do. Mr. Lnenicka asked Mr. Posey if he understood that as the license holder, he would be personally responsible for the proper execution and operation under the license, whether it is he or one of his employees that does or doesn't do something, he will be held responsible. Mr. Posey stated he did understand that. Mr. Newcomb made a motion to approve the application for an agent change for the retail pouring of beer, wine and liquor at Aunt Fanny's Cabin at 2155 Campbell Road. The motion was seconded by Wade Lnenicka. Motion was approved 7-0. (B) Variance Request - 1047 Windy Hill Road - Reduce Side Yard Setback from 10 feet to 1.78 Feet Mr. Thomson stated that Quintero Brothers, Inc. is requesting these variances to remodel the old building formerly housing the Mindis Recycling Center. Mr. Thomson also stated that a letter of hardship presented indicates the front of the building will be renovated for a restaurant and the rear portion of the building will house a travel agency and other retail shops. September 7. 1993 Meeting - continued Mayor Bacon asked if Mr. Quintero was present and asked him to step forward. Mayor Bacon also stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Mr. Hawkins recognized Dan Holland and asked him what capacity he held with Los Americas restaurant. Mr. Holland responded he is the project coordinator. Mr. Hawkins asked Mr. Holland if he was going to remodel the Mindis Recycling Center site and Mr. Holland responded yes. Mr'. Hawkins stated this is the same type situation that the Council has faced many times when a new owner purchases property and due to necessary renovations the variances are required by the City as they are making changes to the property. Mr. Hawkins also stated he understood that they are requesting a variance from Section 1101 which allows only one primary building on a lot and the second variance is from Section 802 - side yard setback for the building on the back. The building is currently sitting 1.78 feet from the line and no addition to the building is planned, the renovations will be internal. Mr. Holland recognized the Qunitero brothers and stated their family has a restaurant here in Smyrna. Mayor Bacon asked if the renderings of the restaurant attached to the application was a good indication of how the building would look after renovations. Mr. Holland responded yes. Mr. Hawkins asked what the seating capacity would be and Mr. Holland responded approximately 40 - 49 seats. The restaurant will serve Mexican food. Mr. Hawkins made a motion that the variance request for 1047 Windy Hill Road be granted. Mr. Patrick seconded the motion. Mr. Newcomb asked for clarification about the retail spaces indicated in the application. Mr. Holland responded there will be three retail stores at this location with the deli and restaurant located in the front of the building. Mr. Lnenicka asked if there would be a need for an additional variance for signage at this location and Mr. Holland responded he did not think that would be necssary as he thinks the sign as indicated on the application will be in conformance with City codes. Mr. Holland stated if the sign did not conform they would go along with whatever is required by Code and does not anticipate coming back before Council. Vote on the motion was approved 7-0. (D) Variance Request - 3885 Honeysuckle Drive - Reduce Side Yard Setback from 10 Feet to 5 Feet Mr. Thomson stated Mr. and Mrs. Hayes are requesting this variance in order to enlarge their existing carport to accommodate two cars. The hardship letter furnished by the Hayes' indicates the pine rosin which falls from the trees is destroying the finish on their cars. Mayor Bacon asked Mr. and Mrs. Hayes to come forward and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Mr. Wood asked the Hayes' to explain what they plan to do to their carport. Mr. Hayes responded they plan to extend their driveway to make it a double driveway and to enlarge their single carport to a double carport which will be enclosed. Mr. Wood stated he has a letter from Mr. Coakley, the neighbor at 3871 Honeysuckle Drive, stating he has no objection to the granting of this variance request. Mr. Wood made a motion that the variance request at 3885 Honeysuckle Drive to reduce the side yard setback from 10 feet to 5 feet be approved. Motion was seconded by Jim Hawkins. Motion was approved 7-0. September 7, 1993 meeting - continued Formal Business: (A) Appointment to Smyrna Cemetery Commission Mr. Scoggins made a motion to appoint Ms. Nancy Hancock as the Chairperson of the Historical Review Committee. Jim Hawkins seconded the motion. Motion was approved 7-0. Ms. Hancock thanked the Mayor and Council for the opportunity to serve on the Smyrna Cemetery Commission. (B) Bid Opening - (Bid 93015) Water Meters - Utility Services Department Mayor Bacon asked if there were any bids in the audience. There were none. Three bids were received and opened and read as follows: Hughes Supply Incorporated (Alpharetta) submitted a bid on Hersey meters: 3/4" Meter $24.75 1" Meter $74.70 1 1/2" Meter with Flange $193.95 1 1/2" Female Meter $193.95 2" Meter with Flange $280.00 2" Female Meter $280.00 3" Meter with Flange $485.00 3" Female Meter Not available 4" Meter $777.00 6" Meter $1,478.00 8" Meter $5,985.00 10" Meter $9,710.00 Davis Meter and Supply (Kennesaw) 3/4" Meter $24.64 1" Meter $54.00 1 1/2" Meter with Flange $130.00 1 1/2" Male Meter $130.00 2" Meter with Flange $194.00 2" Male Meter $194.00 3" Meter with Flange $373.00 3" Female Meter Not available 4" Meter $585.00 6" Meter $1,105.00 8" Meter $1,459.00 10" Meter No Bid Southern Meter and Supply Company (Stockbridge) 3/4" Meter $25.28 1" Meter $51.95 1 1/2" Meter with Flange $126.00 1 1/2" Female Meter $130.00 2" Meter with Flange $185.00 2" Female Meter $185.00 3" Meter with Flange $516.00 3" Female Meter Not available 4" Meter $845.00 6" Meter $1,460.00 8" Meter No Bid 10" Meter No Bid All bid prices quoted are without connections. Mr. Scoggins made a motion that the bids be turned over to the Public Works Committee with a recommendation to be brought back to Council at the next meeting. Motion was seconded by Pete Wood. Motion was approved 7-0. :7,eptember 7, 1993 meeting - continued Formal Business: (C) Bid Opening (Bid 93016) - Air Conditioning Unit - Church Street Center Mayor Bacon asked if any bids were in the audience. There were none. Two bids were received, opened and read as follows: Cobb Heating and Air Conditioning, Inc.: Total delivered price $5,344.00 J. R. Nichols and Company: Total delivered price $6,970.00 with two notations as follows: 1. The City can deduct $250 if the City hauls away the old unit. 2. The City can deduct $250 if the City lifts the new unit into place. Mr. Cramer made a motion that the bids be turned over to the Parks and Recreation Committee with a recommendation brought back to Council at the next meeting. Bill Scoggins seconded the motion. Motion was approved 7-0. (D) Ordinance Amendment - Amend Ordinance 8-2 Mr. Hawkins read the proposed change as follows: Be it ordained by the Mayor and Council of the City of Smyrna, Georgia, that Section 8-2 of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such section shall read as follows: Section 8-2. Same -- On information; waiver of warrant; failure of arrested person to appear after notice. An officer shall not make an arrest until a warrant has been issued in any case where information of an offense against any of the provisions of this Code or other ordinance of the city is derived from another person. In case such offender shall fail to appear on notice, he shall be guilty of contempt of court, and it shall be the duty of the police to arrest and bring him to trial. (Code 1957, Ch.2 § 2). Mr. Hawkins stated the purpose of the proposed amendment is to clean up the language of the old ordinance and that this revised section says what the old ordinance was intended to say. He explained this basically will prevent police officers from being able to issue warrants based on another person's word. Mr. Hawkins made a motion that the proposed ordinance amendment be approved. Bill Scoggins seconded the motion. Motion was approved 7-0. (E) Approval of 1% Road Project List Mr. Scoggins announced the total amount of 1993-1994 1% Road Improvement Project list is $796,522. He also stated that some of the projects are carried over from last year but wanted the citizens to know that this is a significant amount for our curb/gutter, paving, traffic signals, and turn lane projects. Mr. Scoggins then made a motion that the 1% Road Project List for 1993-1994 be approved. Mr. Newcomb seconded the motion. Mr. Newcomb stated he wanted to be sure that the citizens know this is 1% money that has come back to Smyrna from the Cobb County 1% tax for that purpose. Mr. Lnenicka asked if the optional items included in the list are to be included in the approved list. Mr. Scoggins stated that each councilman knows his own project list and urged each councilman to check the list and if anything was omitted to be sure and add it to the list and indicated that yes, the options are to be included in the approved list. Mr. Lnenicka said he would not support the motion because he does not feel the Council had the opportunity to discuss any individual items on the list and felt there were a lot of unanswered questions concerning the projects. September 7, 1993 meeting - continued Mr. Thomson stated the list was prepared by the Public Works Department and the City Engineer's recommendations based on the needs of the wards and the condition of the ,streets . Mayor Bacon stated the list had been circulated for some time asking the Council members to submit their list for approval and has been in the works for some time. Mr. Lnenicka stated he would very much like to see the memos as he has not received any of them. He did indicate he had a copy of a July 30 memo on the 1% road projects with the understanding that the list would be discussed at a later date. Mayor Bacon indicated that was five weeks ago and sufficient time had passed to allow each member of council to submit their projects. Mr. Hawkins reminded everyone that last year, as Chairman of the Public Works Committee, he had recommended the list be compiled by the Public Works Department in conjunction with the City Engineer based on the condition of the street and the need for the projects. Councilman Scoggins made,a motion that the 1% Road Projects list be approved. Motion was approved 6-1 with Mr. Lnenicka opposed. (F) Bid Opening - Public Works Building Addition Mayor Bacon asked if there were any bids in the audience. There were none. Eight bids were received, opened and read as follows: B. L. Law Company, Mableton $75,300 Southern Building Systems, Sandy Springs $85,127 Paulding Commercial Builders, Hiram $80,922 Dan Williams Construction Co., Smyrna $89,465 Metric Constructors, Marietta $114,200 (with two exclusions) Hatcher & Sons Construction $98,056 All Span Builders, Fayetteville $76,700 Joe Blaydes & Wayne Moody $96,460 Bill Scoggins made a motion the bids be turned over to the Public Works Committee and a recommendation brought back to the Council at the next meeting. Motion was seconded by Pete Wood. Mr. Thomson explained the addition is to better coordinate engineering and public works functions at the Public Works Complex. The City expects to derive a considerable income once the existing office space occupied by Community Development/Inspections Departments is leased by a new tenant to help offset the cost of the building addition. According to Mr. Thomson at least half the cost of the addition should be offset by the income derived from the existing building on Atlanta Road. Mr. Hawkins suggested placing ads in the paper to notify potentially interested persons of the office space that will be available once the move is made. Motion was approved 7-0. Commercial Building Permits: There were none. Ri ri D�aarr�c (A) Rubber Tire Loader Mr. Scoggins made a motion that the bid will be awarded to the low bidder even though it did not meet specifications. The Public Works Director and the Committee inspected the equipment and felt the machine at a cost of $11,000 less than the next bid the bid should be given to Burch -Lowe for $72,981 on a Kobelco Rubber Tire Loader. The motion was seconded by Ron Newcomb. Mr. Hawkins stated he has some reservations about awarding the bid to a vendor that did not meet specs but would support the bid award based on his conversations with Mr. Broyles; however, he hopes the Council is not setting a precedent by awarding a bid to the low bidder who did not meet specs. September 7, 1993 meeting - continued Mr. Newcomb stated this issue was very unusual in that low bid did not meet specifications and in another sense this is not quite right. He stated the specifications were for a John Deere rubber tire loader but in the fine print of the bid document we stated the specs are just general guidelines and deviations to the specs would be acceptable if the bidder stated how his product deviated from the requirements. The low bidder did read the fine print and did comply with the legal language that did meet the specs. Mr. Newcomb stated for a difference of $11,000 he felt it was the best choice. Mr. Newcomb further stated the bid document would be reviewed for a possible change in the language. Mr. Lnenicka stated for the record he would be abstaining from the vote and discussion on this bid award because the salesman for Burch -Lowe, Eddie Hellmann is a personal friend of his and was his campaign manager during the last election. Mr. Newcomb commended Mr. Lnenicka for his actions in abstaining from the vote on this bid award. Mr. Newcomb stated he had chaired a state-wide task force made up of representatives from other municipalities, sponsored by the Georgia Municipal Association, and had spent a good deal of time looking at proposed ordinances dealing with ethics and feels Mr. Lnenicka's actions are entirely correct. He further stated it would have been appropriate for Mr. Lnenicka to disclose the relationship with Mr. Hellmann and continue to vote but commended Mr. Lnenicka from his abstaining from the vote and any discussion concerning the bid award and feels his actions are very commendable. Vote on the motion was approved 6-0-1 with Mr. Lnenicka abstaining. (B) Garbage Truck Mr. Wood stated the Public Works Committee has reviewed the bids that were submitted for a 25 yard garbage truck. The Committee recommends the bid be awarded to Consolidated Disposal Systems, Inc. for a 1994 GMC with dempster DRK2 at a cost of $72,250. Mr. Wood stated this is the low bid and meets all the specifications. Motion was seconded by Jack Cramer. Motion was approved 6-0-1 with Mr. Scoggins abstaining. Consent Agenda (A) Approval of August 16, 1993 minutes (B) Approval to solicit bids - Replace roof at Fire Station 2 (C) Approval to solicit bids - Chassis for Sanitation Dept. Equip. (D) Approval to solicit bids - Jet truck for Water/Sewer Dept. (E) Approval to solicit bids - Flail Mower - Public Works Dept. (F) Approval to solicit bids - "410" Backhoe for Water/Sewer Dept. (G) Approval to solicit bids - Carpet for Meeting Rooms 1, 2, and 3 and Hallway in the Community Center (H) Approval to solicit bids - Upgrade Sound System - Community Center (I) Approval of Stop signs on Church Road at Davis, Stephens, & Reed Streets Mr. Hawkins stated that on item (I) of the consent agenda the stop signs should be installed at Davis Street, Stephens Street and Flagler Circle with Stephens Street and Flagler Circle having advance warning lights and asked that Item (I) be changed to reflect that. This is based on the recommendations of the City Engineer Ken Hildebrandt. Mr. Hawkins made a motion to approve the consent agenda. Motion was seconded by Jack Cramer. Motion was approved 7-0. Committee Reports: Mr. Patrick stated that the Smyrna Library will be holding a Senior Survival Workshop and is designed for citizens 60 years of age or older. The seminar will be held September 23 at 2:00 p.m. and the speaker will be Roy Higgs of Scottsdale, Arizona. Mr. Patrick then called on Laurel Best for a continued report on the Library. Ms. Best stated the September artist is Ron Causey of Smyrna and the title of the exhibit is "Portraits and Re -creations." Laurel reported that story hour sign up will be September 13 - 24 and urged all interested to come and register. She also stated there will be another book September 7. 1993 meeting - continued discussion group beginning the first Tuesday of the month. The first session will be October 5 and the book is "A Thousand Acres" by James Smiley; the library is also going to offer computer training on the first Saturday of each month also beginning in October and there is a small charge for this two hour session. Laurel indicated that as a result of the recent citizen's survey, the Library had a 79 % rate of satisfaction but there were 17 % who indicated they were unaware of the library services. Ms. Best also announced that beginning November 1 the Library will be open on Sundays from 1:00 p.m. to 6:00 p.m. Mr. Newcomb called on Mary Ann White for a report on the Personnel Department. Ms. White indicated that as a result of the survey the citizens indicated that 82% were either satisfied or more than satisfied with the courteous treatment they received by City employees. Mr. Scoggins reported that Vic.Broyles, Public Works Director is on vacation and that Kathie Barton is absent due to a Clean City Commission Meeting being held tonight. In Ms. Barton's absence, Mr. Scoggins reported that 177 citizens who responded to the recent survey included comments about our recycling efforts and more than half of those who responded indicated they would like the City to collect more materials for recycling. Mr. Hawkins called on Larry Williams for a report on the Fire Department. Chief Williams responded that as a result of the citizens survey less than 1% of the respondents were dissatisfied with the Fire Department services. Mr. Cramer called on Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio reported on the results of the citizens survey as it pertained to his department. Generally, the response was favorable with some negative comments about the cleanliness of the rest room facilities at the parks. The Community Center received mostly positive remarks with a small number of requests for a non-resident policy for use of the center. Mr. Lnenicka read two letters complimenting the Animal Control Officer and Officer Keller and Lt. Carlson of the Police Department. Mr. Lnenicka then called on Chief Hook for a report on the Police Department. Chief Hook indicated his department had reviewed the comments that related to his department and was working to correct the areas of concern expressed in the survey. Chief Hook further stated that some of the comments indicated the Police Department wrote too many tickets in an effort to enhance revenue and help pay for the Community Center. The Chief stated neither he nor his department had ever been instructed to write tickets to increase revenue. Mr. Wood called on Jim Triplett for a report on the Finance Department. Mr. Triplett reported that as a result of the citizens survey there were several issues of concern that affected his department. He has reviewed the comments that pertained to his department and explained that most of the complaints were directly associated with the cost of water and sewer, and questions about taxes. He explained the method of computing water/sewer costs and stated that for the last three years the City has lowered the tax millage rate, however, the taxes are computed based on the assessment provided to the City by the Cobb County Board of Tax Assessors. Mayor Bacon asked Mr. Triplett about the extended hours for the Water Department and Mr. Triplett explained the water department is open Monday through Friday until 6:00 p.m. Mayor Bacon also asked about the possibility of citizens being able to have their water bill paid through a draft on their checking account. Mr. Triplett will look into this and report back at a future council meeting. Mr. Thomson stated there was a question on the survey asking if they felt they were served effectively by the City government and in response to that question, 76% were either satisfied or more than satisfied and only 2% were more than unsatisfied. September 7, 1993 meeting - continued Mayor Bacon thanked all the citizens who responded to the survey and expressed his appreciation to the Department Heads for their review of the comments and for responding to those areas of concern tonight. He assured everyone the City will continue to work to improve the services it provides to the citizens. Mayor Bacon his appreciation to Jennifer Gilman who prepared the survey and tallied the results as a project for the City. With no further business the meeting adjourned at 9:25 p.m. A. MAX BACON, MAYOR (JHN PATRICK, WARD 1 CHARLES PETE WOOD, WARD 7 •MELINDA DAMERON, CITY CLERK RON NEWCOMB, WARD 2 ,., ,