Loading...
April 19, 1993 Council Meeting April 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 JohnieE . 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 meetinq - 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 $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 Matrx Medical, Inc. Laerdal Mfg. Corp. Physio Control Corp. Marquette Electronics 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 American Safety & Fire House Harless Fire Equipment Firefighting Supplies Safety Equipment Co. National Emergency Fire $ 9,188.00 $ 9,600.00 $ 8,995.00 $ 8,842.00 $108,000.00 No Bid Councilman Hawkins made a motion the bids be turned over to the ...., Fire Commi ttee 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 meetinq - 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 Commi ttee 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 peti tion 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 meetinq - 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 Progressi ve 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 sani tation 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 Ci ty 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 meetinq - 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 communi ty 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 Ci ty; 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. 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. 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 meetinq - 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, ~~~ A. MAX BACON, MAYOR ~~~~ J~N PATRICK, WARD 1 meeting adjourned at 9:25 p.m. -------~ . . " { WA'-'II B- L It/rr.(t~ ~ELI, A DIj~CLERK \<:: o.J ' RON NEWCOMB, WARD 2 BILL S~INS. WARD 3 (),d~/!. ~ 1~~t&;; ~~ CHARLES PETE WOOD, WARD 7 ~ .. .. ..