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11-15-1993 Regular MeetingNovember 15, 1993 The regular scheduled meeting of Mayor and Council was held November 15, 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, Library Director Laurel Best, Public Works Director Vic Broyles, Police Chief Stanley Hook, Building Inspector Scott Stokes, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathy Barton, City Engineer Ken Hildebrandt, Personnel Director Mary Ann White, Finance Director Jim Triplett, Fire Chief Larry Williams and representatives of the press. Invocation was given by W. H. Rayburn, pastor of Sharon Baptist Church followed by the pledge to the flag. Pastor Rayburn also expressed his appreciation to the Smyrna Fire Department and Emergency and City of Smyrna for the emergency medical service that is available through the City. On two different occasions, emergency medical services were required at the church and Pastor Rayburn said he was grateful for the quick response and professional treatment that they were able to provide. Personnel Director Mary Ann White presented the Employee of the Month awards to Firefighters Daryl Purvine and Robbie Kennedy. Both are heroes for their valiant efforts in rescuing a 10 year old boy from a house fire yesterday. Daryl and Robbie were presented with plaques and $100 savings bonds. Library Director Laurel Best recognized Kathy Seguine who was chosen by her peers as Teacher of the Year at Nash Middle School. The City of Smyrna, Barnett Bank, The Olive Garden and Altruse International are all Partners in Education with Nash Middle School and were pleased to be a part of this recognition. CITIZENS INPUT: Mark Keappler, co-owner and Manager of Carriage House Apartments presented a handout reflecting the sanitation rates that his company pays and stated that the City's fee structure was higher than any other properties he managed. The cost to the City for his property is $504 per month whereas he pays $1,128 per month to the City. Mr. Keappler asked that the City consider the free enterprise system rather than require commercial customers to use the service provided by the City. Mr. Keappler said he enjoyed the services provided by the City including emergency service which is some of the best, but felt that a 120% margin was usurious. Mayor Bacon advised Mr. Keappler that they would take a look at his figures and consider his recommendation. Parks and Recreation Director Steve Ciaccio introduced new employees in his department, Bob Cicero in Facilities; David Duffer in Maintenance; and Lee Cook, Athletics Coordinator. PUBLIC HEARINGS: (A) Annexation of property at 2528 Davis Drive Bob Thomson stated that this petition was validated at the October 18, 1993 meeting and all legal advertisements have been made. There was no opposition. Councilman Scoggins made a motion the property be annexed into the City and made a part of Ward 3, effective December 31, 1993. Councilman Lnenicka seconded the motion which carried 7-0. Mr. and Mrs. Fain were present and stated their decision to annex was made based on their concern of response time for emergency service. (B) Change of agent/owner for retail package beer and wine sales - Tepco, Inc., 3791-P1 South Cobb Drive Bob Thomson stated that M. John S. McDaid is applying as the new agent and owner for this establishment, d/b/a Mr. Bill's Package Store. Tepco, Inc. is also the owner of Schwartz's Liquor Store in Atlanta and have been in business since January 1988. The Police investigation was favorable and there was o opposition. Councilman Hawkins asked Mr. McDaid to state his position with the business. Mr. McDaid said he was part-owner and would also be the on -site manager during evening hours. Currently he holds a full time position with HUD and the other partner, who is a family member, would manage the store during the day. Councilman Hawkins asked if they had considered a training program for employees. Mr. McDaid said they will ask all employees to exercise extreme caution and ask for identification for anyone who does not look to be at least 30 years of age, nor should they sell to anyone who appears to be intoxicated. November 15, 1993 meeting,= continued Mr. McDaid said he had received a copy of the city ordinances and hours of operation. Councilman Hawkins reminded Mr. McDaid that as the license holder, he would be the person responsible for any violations of local or State law. Councilman Newcomb asked Mr. McDaid wharhis hours of operation would be. Mr. McDaid said they would open at 10:00 a.m. and would close completely at 11:00 p.m. Councilman Scoggins reminded Mr. McDaid that the City and County periodically do conduct sting operations and they should be very careful about checking for identification if there was any question as to age. After further discussion, Councilman Hawkins made a motion the license be approved as requested seconded by John Patrick. Councilman Newcomb suggested that the motion to approve include both owners, as co -applicants. Councilman Hawkins amended the motion to approve the license for John S. McDaid and Robert Carl Tepper as co -owners,. seconded by Councilman Lnenicka. Vote on the amendment and main motion carried 7-0. (C) Change of agent/owner - retail package liquor sales - Tepco, Inc., 3791-P1 South Cobb Drive Councilman Hawkins made a motion the retail package liquor license for this location also be approved for Mr. Robert Carl Tepper and John S. McDaid as co -owners and applicants. Councilman Pete Wood seconded the motion which carried 7-0. (D) Variance request - 1247 Concord Road - to allow retail sales in Limited Commercial area Bob Thomson stated that Judy Hawkins is requesting this variance from Section 709.6(3) to allow retail sales in a Limited Commercial area. Approval of the variance would allow the retail sale of crafts and other related items. There was no opposition. Councilman Hawkins said he would abstain from discussion and voting in this matter since the applicant is his wife, and he has a financial interest in the business. Councilman Lnenicka asked Mrs. Hawkins about the name of her business and the type of merchandise they would sell. Mrs. Hawkins said they would sell handmade crafts and framed items, doing business as Concord Gallery. Renovations are being made to the building inside and out, and paved parking will be provided. Councilman Lnenicka said he felt this would be a good use for the property and made a motion the variance be approved. Councilman Newcomb seconded the motion which carried 6-0, with Jim Hawkins abstaining. (E) Variance request - 565 Cobb Circle - reduce front yard setback from 40 feet to 32 feet Bob Thomson stated that Mrs. Mildred Sellers is requesting a variance to reduce the front setback from 40 to 32 feet, to allow the construction of a carport onto the front of her home. There was no opposition. Mr. Clay McConnell represented Mrs. Sellers. Councilman Cramer said he had met with Mrs. Sellers and Mr. McConnell and saw no problem with the variance. Mrs. Sellers is elderly and felt that the carport would make it easier for her to unload the car in bad weather. Councilman Newcomb said he noted that letters from adjoining property owners were not included in this packet. Councilman Cramer said that because the variance affects the front setback letters were not required. Signs were posted on the property and we have received no questions or comments about the proposed variance. Councilman Cramer made a motion the variance be approved as requested. Councilman Lnenicka seconded the motion which carried 7-0. (F) Agent change - Olympic Mart, 5055 Oakdale Road Bob Thomson stated that Mr. Majid Safai is applying as the new agent for Olympic Mart which has been in business since 1990. The police background investigation was favorable and there' was no opposition. Mr. Safai was present with Sohila Asgari, representing the corporation. November 15, 1993 meetin;e - continued Councilman Wood asked Mr. Safai if he was familiar with the ordinance relative to selling alcoholic beverages and training employees and Mr. Safai replied that he was. Councilman Wood reminded Mr. Safai that we do periodically conduct sting operations and asked if he had a plan to be sure that his employees were aware of these ordinances and State laws. Mr. Safai stated the manager of the store had explained everything in Chapter 3 (alcoholic beverages) to them. Councilman Wood stated that according to the information provided by the Business License Department the application appears to meet all requirements of the ordinance. Councilman Newcomb asked Mr. Safai to state his hours of operation. Mr. Safai said they would open at 8:00 a.m. and would close no later than 11:00 p.m. Mr. Safai said he was a new employee of the store and would work at night, from 6:00 p.m. to 10:45 p.m. Ms. Asgari will be the on site manager during the day. Councilman Newcomb asked Mr. Safai if he had obtained his photo permit from the Police Department and the answer was yes. With no further discussion Councilman Wood made a motion the agent change be approved as requested. Councilman Scoggins seconded the motion which carried 7-0. (G) Appeal notice of abatement - Vittles Restaurant Councilman Cramer stated that circumstances did not permit us to hear this appeal tonight and made a motion it be tabled to the next meeting. Councilman Jim Hawkins seconded the motion. Councilman Newcomb recommended that we extend the original 45 day deadline which will expire by the December 6th meeting. Mr. Camp said the appeal itself acts as a supersedeas on the case so if the time expires during the time the appeal is pending, they are not required to take any action until the appeal is heard. Their next appeal will be to the Cobb County Superior Court. Vote on the motion to continue the hearing carried 7-0. FORMAL BUSINESS: (A) Bid opening - HVAC services for city owned buildings Bids were opened, read and recorded as follows: Cobb Heating & Air Nichols Heating & Air Universal Systems $42,540 annual maintenance $18/hr regular service $27/hr weekends & holidays $22,800 annual maintenance $49/hr regular service $73/hr weekends & holidays $7,900 annual maintenance $45/hr regular service $67.50/hr weekends & holidays Councilman Wood made a motion the bids be, turned over to the Finance Committee for their recommendation back to full council. Councilman: Hawkins seconded the motion which carried 7-0. (B) Business license fee revision Councilman Pete Wood said the committee has been reviewing the business license schedule for the City and it is almost time to bill for 1994. The committee recommends a revision to the fees for mini warehouses which is a decrease in the fee. The recommendation is a base price of $105 per year and $1.50 per storage unit. Councilman Wood made 'a motion the 1994 business license fee schedule be approved with those changes. Councilman Newcomb seconded the motion which carried 7-0. (C) Ordinance amendment - Chapter 5 - Bail Bondsman ordinance Councilman Hawkins stated there are several areas of the bail bondsman ordinance that should be changed to bring us in compliance with State law. One of the changes is to delete sub -paragraph (4) which requires that the applicant be a person of high character and integrity, vouched for by two other reputable citizens who are residents of the county. This section is subjective and the police investigation reveals the information that is required for a license. The other changes involve time limits allowed for November 15 1993 meeting - continued payment of bond forfeitures before execution hearings are scheduled. This, too, will bring us in compliance with State law. Councilman Hawkins made a motion the ordinance be amended by deleting Section 5-20), Section 5-12 and Section 5-13 in their entirety and replacing with the new sections which will be on file in the City Clerk's office. Councilman Newcomb seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) U-Auto-Care requested a temporary permit for an emission station located at 2552 South Cobb Drive in the parking lot of Auto Zone. This will be a 6 month permit. Councilman Hawkins asked if the building materials would meet city requirements. Scott Stokes said this was the same metal building that was used last year. The only code requirements are that the buildings be constructed out of a permanent type building material, in a color approved by the Community Development office. Councilman Cramer made a motion the permit be approved as requested. Councilman Scoggins seconded the motion which carried 7-0. (B) Piccadilly Restaurant on South Cobb Drive requested approval to vary from the ordinance by working after hours to remodel the interior of their building, from 9:30 p.m. to 7:00 a.m. Councilman Cramer made a motion the permit be approved as requested provided the work be restricted to the inside of the building, with no trucks, heavy equipment or loading of dumpsters during those hours. Any work being done during those hours should not be discernible to the surrounding homes or the permit will be revoked. Councilman Lnenicka seconded the motion which carried 7-0. BID AWARDS: (A) Commercial sanitation contract Councilman Bill Scoggins said that several weeks ago proposals were received from several vendors for the commercial sanitation service. The committee met a total of 20 different times on this issue which was extremely controversial. The committee made every effort possible to give the best recommendation possible. Councilman Scoggins said this is a situation where everyone loses. There were 6 different vendors and while they all felt they were the low bid, the committee recommends the proposal by Waste Management be accepted as the lowest submission, subject to approval of satisfactory contract provisions being drafted by the City Attorney and accepted by the Finance Committee. Councilman Newcomb seconded the motion. Councilman Hawkins said he would oppose the motion but appreciated the fact that the committee and council have met many hours. There is some confusion as to who is really the low bid because it was a very complicated bid. Councilman Hawkins said it was always his belief that when there was any doubt or bids were close, we would always lean to those who are within our city limits. Chambers Development located their business here and opened a landfill from which, over the years, we have collected a considerable amount of money. Also, several years ago we had no choice regarding charges for tipping fees and thanks to Southern States annexing their property into the city and opening a transfer station, we have been able to save a considerable amount of money and also collect host fees from their business. Councilman Hawkins said he did not think enough consideration was given to those factors when the bids were analyzed and while the bottom line dollar figure was probably a good business approach, did not think that we should forget those who have also given back to the community. Councilman Newcomb said he thought it was important that the people understand that we are talking about providing service at commercial and multi -family complexes. Councilman Newcomb said he would support the motion and wished frankly that one or both of the local companies were the low bidder. Unfortunately, the numbers just don't allow that. ,We have enjoyed a very positive relationship with two local businesses which makes it that much more difficult to award a bid to someone who is not local, but did not want to spend a dime more than necessary to provide this service. The first part of the proposal states that the purpose is to reduce the economic burden of providing this service to the citizens and taxpayers without reducing, or while improving, the quality of service. Councilman Newcomb said that on an annualized basis, the difference in the bids is substantial; about $67,000 to $125,000 per year and over the life of a 5 year contract, the difference is $625,000. Councilman Newcomb said he could not find justification to award to a local company, for that much of a spread. November 15. 1993 meetina continued Councilman Hawkins said he would state again that the numbers are highly disputed and depending on how you read them, the spread is not nearly the amount that was quoted. Councilman Wood said we did start out with 6 proposals and the committee met three times with each. They were all given the opportunity to make modifications to their proposal. Councilman Wood said he did not think there was that much confusion because everyone was bidding on exactly the same thing. The RFP was drafted by a professional company and those same people said there was no question as to the lowest bid. We looked at every possible combination of numbers and took into consideration the local businesses. Everyone was bidding or proposing on the same numbers and given facts so proportionately they should be the same. Southern States has been a good corporate citizen and they still have a long time contract for disposal of solid waste. We also have a current contract with BFI for recycling and that remains in effect. We have a current contract with Chambers of Georgia which will continue until December 31, 1993. The numbers are accurate and should not be confusing if you look at the same criteria. The revenue generated from the landfill is a restricted fund and can only be used toward the reduction of waste going into the landfill. Chambers of Georgia not only has their corporate office here, but they also have a truck facility and inert landfill. We deeply appreciate the fact that they are good corporate citizens and have also contributed to the City through a tree planting program. BFI and Southern States have also contributed significantly to the community and for that reason, the decision was very difficult. However, the difference in the low bid from Waste Management and the local vendors varies from $500,000 to $625,000 to even higher over the life of the 5 year contract. It has been our policy that when a product or service is competitively priced, we go with the local company and in many cases that has happened. However, we feel the award of the bid to Waste Management will be in the best interest to the citizens of Smyrna. Councilman Cramer said that as a member of the committee, there were a number of meetings and if you put a dollar figure to the time spent, it comes to $6,000 to $7,000 that went into their effort in meeting with these companies. Councilman Newcomb said if this motion does not pass and we have to go one of the higher bidders, somebody will have to pay the difference; either the business community or the citizens. Additionally, the analysts that we spoke of came to the same conclusion and gave a written report that Waste Management offered the lowest overall price to the City. Councilman Lnenicka commended the companies submitting proposals. We received 6 and 3 of those are companies that we do business with today. All have been good to the city and there is evidence of that city-wide. Chambers made a gift to the city of the tree planting program and have always participated in the Jonquil parade. BFI has also given us the best residential recycling program in the State of Georgia. Southern States allowed us to control the residential garbage rate through their transfer station. We also appreciate them for hosting the Fall info Recycling Program that was just held. Price is an important factor in buying but quality of service, representation, advice and other issues are also important. We also have to be aware that one council cannot bind another and since this term will be up in 2 years, the succeeding council must ratify this decision. Councilman Lnenicka said he would support the motion and thanked the people who put this package together. Waste Management has made a strong proposal and we have every expectation that they will meet or exceed the standards that their predecessors have set. Councilman Newcomb stated that this proposal includes a recycling component which will take care of the multi -family complexes and businesses. Mayor Bacon said he did thank the committee for their hard work and while he is a strong supporter of local business, there are times when you must look at the total dollars. In the last 5 years, of 80 bids awarded by the City, 33% went to local vendors so we are trying to support our local businesses when possible. Vote on the motion to award the proposal to Waste Management carried 5-2, with Councilman Hawkins and Councilman Patrick opposed. CONSENT AGENDA: (A) Approval of November 1, 1993 minutes (B) Approval to purchase two Crown Victoria's for Police Department (C) Approval to install stop sign at corner of Highland and Heathridge Court (D) Approval to demolish city owned property - 1213 Bank Street November 15, 1993 meeting - continued (E) Approval to mail notice of intent to annex Kingstowne Apartments (F) Approval to request bids for: protective clothing for firefighters; copier machine; hydraulic rescue tool system (jaws of life) for Fire Department Councilman Newcomb made a motion the consent agenda be approved seconded by Councilman Wood. Mayor Bacon urged the Community Development department to notify the homeowners on Bank Street before any demolition work is started. Vote on the motion to approve the consent agenda carried 7-0. COMMITTEE REPORTS: Councilman Patrick congratulated Firefighters Purvine and Kennedy and called on Laurel Best for a report from the Library. Councilman Newcomb called on Mary Ann White for a report from the Personnel Department. Mrs. White stated that city employees are taking donations of clothing, household items and money to help the family whose home was destroyed by fire. Connie Bethune, whose son was rescued by our firefighters, is a former city employee and her brother and father currently work for the City. Ten year old Roman Bethune is now in critical condition at Egleston Childrens Hospital. Councilman Newcomb stated that letters from the Mayor and Council will be delivered to the Atlanta Regional Commission tomorrow regarding the impact of the proposed 1060 unit apartment development on Paces Ferry Road. This area is one of 6 super districts in the County which has a total of 50,719 housing units. Of those, 34,274 are multi -family units or 68%. This district only has 10% of the land area but has 59% of the total housing units in the entire county for the highest density per acre county- wide. That is one of the reasons the apartment moratorium was approved and why we are asking the County and ARC to deny this zoning request. Councilman Scoggins called on Kathy Barton for a report from her department. Ms. Barton said the Fall Into Recycling program was very successful and expressed her appreciation to the businesses and high schools that participated. On that day, there was 43,000 pounds of material brought in for recycling. Special thanks also goes to Southern States for hosting the event. Mrs. Barton stated that in the last 4 months we have considerably reduced our cost of operating the Recycling Center and later would have a full report. A number of complaints have been received because the #1 and #2 plastics are not being picked up by BFI and we have been advised that beginning this week, they will resume the collection of all #1 and #2 plastics at curbside. Councilman Scoggins called on Vic Broyles for a report from Public Works. Mr. Broyles stated they are still working on a number of curb and creek projects and will be moving in the Magnolia Drive area next week to correct a drainage problem in that neighborhood. Councilman Scoggins said the Public Works Department is doing a good job on the chipping program and we have an abundance of chips that can be used for mulch. Mr. Broyles said they would make special pickups if someone has limbs that need to be picked up which will also help them from getting behind on their regular routes. Also, there will be no sanitation pickup on Thursday or Friday during Thanksgiving holidays. Councilman Hawkins called on Fire Chief Larry Williams for a report. Chief Williams said recognition should also be given to other city employees for their part in the house fire on Dixie Avenue, especially those in Communications and the Police Department. Councilman Hawkins expressed his thanks to Firefighters Purvine and Kennedy for their courageous act. Councilman Cramer called on Steve Ciaccio for a report from the Parks Department. Mr. Ciaccio reminded everyone of the Mistletoe Market beginning this week and the tree lighting on December loth. Councilman Lnenicka read a letter from a resident of Terri Myers Drive expressing their appreciation for the regular police patrols in their neighborhood. Also a letter was read from a citizen commending Mike Brown for his polite and professional manner in handling a recent traffic case. Councilman Lnenicka called on Chief Stanley Hook for a report from the Police Department. Chief Hook expressed his appreciation to the Lions Club for their donation of stuffed bears that are kept in the Police cars and given to small children during arrest situations. A grant of $5,000 has been received by the Governors Office of Highway Safety to promote the use of seat belts andat. Brown and his officers November 15, 1993 meeting - continued are doing a good job in the schools of increasing the awareness of the importance of seat belts. Councilman Lnenicka reported that some of the detector loops have been broken during the widening of Atlanta Road and they will be set on a fixed schedule until the widening is completed. Councilman Wood called on Jim Triplett or a report from the Finance Department. Mr. Triplett reported that the tax deadline was November 8th and we now have collected 75% of what was billed this year, with payments still coming in. With no further business, meeting adjourned at 9:27 p.m. m J/'I A. MAX BACON, MAYOR MEL DAMERON, bTY CLERK ATRICK, W D 1 RON NEWCOMB, W 2 :;CWN��z WADE LNENICKA, WARD 6 CHARLES PETE WOOD, WARD 7