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05-03-1993 Regular MeetingMay 3, 1993 The regular scheduled meeting of Mayor and Council was held May 3, 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 Stanley Hook, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt, Fire Chief Larry Williams, Library Director Laurel Best, Finance Director Jim Triplett, Personnel Director Mary Ann White, Parks and Recreation Director Steve Ciaccio and representatives of the press. Invocation was given by Bud Abbott, interim pastor of Milford Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Councilman Jack Cramer and Police Chief Stanley Hook recognized Officer Jason Andrew and Evidence Technician Larry Wood and congratulated them on being selected as outstanding officers of the year by the Cobb County Chamber of Commerce in 1992. Personnel Director Mary Ann White and Councilman Bill Scoggins recognized Shane Harpe an employee of the Public Works Department and presented him with a framed certificate and savings bond for being selected as Employee of the Month. Mr. Pete Woodruff stated that he was the new owner of the Windy Hill Flea Market and represented the vendors who requested that the City consider a reduction of the amount of permit fees, or a quarterly billing system. Mayor Bacon said he would ask the Finance and Administration Committee to bring this matter up for consideration at their next meeting. Ed Klein with Smyrna Hospital reminded everyone of the Mothers Day One Quarter Mile Race this Sunday sponsored by Smyrna Hospital and the City of Smyrna. Applications are available at sporting goods stores or the hospital. PUBLIC HEARINGS: (A) Zoning request - 3016 Atlanta Road - from Limited Commercial to R-20 Bob Thomson stated that Mr. Sham Kapur is requesting that the property at 3016 Atlanta Road be rezoned from Limited Commercial to R-20 to allow him to rent the property as a residence. Mr. Kapur and Mr. Milton Williams were sworn in by Attorney Charles E. Camp. Mr. Kapur stated that if the property is rezoned, he and his family would use it as their personal residence. Councilman Hawkins said there has been some confusion about the use of the property; the position paper attached to the application states simply that it will be used for residential rental. Mr. Kapur said that originally they wanted to rent as residential to other people but now have decided to live there themselves. Councilman Hawkins asked if the house was divided or constructed in such a way that would allow him to rent as a duplex. Mr. Kapur said it was not. Councilman Hawkins reminded Mr. Kapur that if the zoning is approved, the house can never be rented to two or more families. Mr. Milton Williams of 1370 Quarles Avenue said his concern is that the Kapur's may live there for a while and then move to rent to several families because he understood that it could easily be converted for multi family use. Also, if the Kapurs live there he would expect them to keep the property cleaner on the outside. Mayor Bacon said the R-20 category would limit them to a single family residence and any further use would require that they come before council with another change in zoning. After further discussion Councilman Hawkins made a motion the zoning be approved from Limited Commercial to R-20 as requested. May 3, 1993 meeting - continued Councilman Lnenicka seconded the motion to rezone which carried 7- 0. (B) Variance request - 2756 Stonecreek Road - reduce lot widths and building setback from 85 feet to 68 feet Bob Thomson stated that Mr. J. D. Cunningham is requesting a variance to allow him to subdivide his property and build an additional house on the lot. The lot is 130 feet wide and by subdividing, each lot will be' 68 feet and 62 feet wide respectively. There was no opposition. Mr. Cunningham said they have already built one house on the lot consisting of 2200 square feet. When built, both houses will still have more distance between them than other homes on the street because this ordinance requirement was not in effect when the original subdivision was built. Councilman Newcomb asked how many feet the house would be above the flood plain. Mr. Cunningham said the Code requires the finished floor be 1 foot above the flood elevation. This house has a drive under garage which will put them 5 or 6 feet above that level. After further discussion Councilman Jack Cramer made a motion the variance be approved to reduce the minimum lot width at the front yard setback for the two lots from 85 feet to 68 and 62 feet respectively. Councilman Hawkins seconded the motion which carried 7-0. (C) Approval of Smyrna's Solid Waste Management Plan Michael Warrix with Mayes, Sudderth and Etheredge stated the Comprehensive Solid Waste Management Act of 1990 requires all of Georgia counties and cities to prepare solid waste management plans with the primary goal to reduce waste in the landfills by 25%. This goal and the means by which we are to meet the goal are addressed in the plan. Mr. Warrix said Smyrna needs to continue the curbside recycling, chipping and composting, Clean and Beautiful and various other education programs that are now on- going. Mr. Warrix said it was difficult for them to find anything wrong with the programs already in place in the City. From here the plan will be sent to the Atlanta Regional Commission who will review for consistency and then to the Department of Community Affairs who will have final approval. Bill Scoggins stated this is a State mandated program and failure to comply could affect any grants applied for. There were no questions or comments from the audience and Councilman Scoggins made a motion the study be approved. Councilman Pete Wood seconded the motion which carried 7-0. (D) Agent change - Ruby Tuesday, 3297 South Cobb Drive Councilman Jim Hawkins advised that the designated agent for Ruby Tuesday has moved, and they are requesting that the application be withdrawn without prejudice. (E) Variance requests - 1009 Powder Springs Street, International Church of the Four Square - allow 3 structures on one lot - exception to minimum 1150 square foot building on a lot Bob Thomson stated the church is requesting variances to remodel an existing structure on the property to be used as a guest home for ministers and missionaries. There was no opposition. Reverend Emanuel Akinosho represented Four Square Church. Councilman Hawkins asked Reverend Akinosho if they were identified with the National Assembly of God Church. Reverend Akinosho said they were not, but their doctrine was similar and they are May 3, 1993 meeting{ - continued recognized as a protestant church. Reverend Akinosho said there is a small house on the property which has been there for probably 26 years. It is now used for storage, the other structure is the church parsonage and the main building for church services. Councilman Hawkins said the letter accompanying the variance application mentions that Home Depot has chosen the church as their Community Interest Project for Cobb County and will be investing materials and labor for the refurbishment of this property. Reverend Akinosho said they had met with Tony Brown, District Manager for Home Depot and he advised that he had chosen the Four Square Church as their community project. When completed, the small house will be used as a guest house for missionaries and other guests who come to minister in the community, no more than one family at any one time. Councilman Hawkins stated that today City staff contacted Home Depot and originally was told that they had no knowledge of the project. Today, however, Carol.Campbell with Home Depot said they were working with a project called Hands on Atlanta, which is a soup kitchen project, and thought the Four Square Church was a part of that group. While they do seem familiar with the project, they have indicated they will donate labor only. Councilman Hawkins asked if they would be using this building as a place to feed indigent people. Reverend Akinosho said they already feed people in the church kitchen from time to time, but not in the house. Councilman Hawkins said he would like to table this request until city officials could meet with Mr. Brown and Reverend Akinosho to discuss the details of the renovation since Home Depot has stated they are interested in helping, but have not made a firm commitment. Councilman Newcomb said that from the survey, it appears that most of the lot is empty and asked if there were plans to build another structure. Reverend Akinosho said he had no plans now for further development. Councilman Newcomb said that the letter accompanying the application talked about helping refugees and asked if they still do that. Reverend Akinosho said they still help refugees from Cambodia and other countries. Councilman Hawkins made a motion the variance be tabled for 2 weeks and asked Bob Thomson to meet with representatives of Home Depot and the Four Square Church. Councilman Newcomb seconded the motion which carried 7-0. (F) Privilege license - beer only - Uncle Bud's Catfish Restaurant Bob Thomson stated that James Schrampfer is applying as the agent for a new beer pouring license for Smyrna Joint Venture d/b/a Uncle Bud's Catfish Restaurant. The restaurant will be located at 3282 South Cobb Drive in the old Ponderosa Steak House building. There was no opposition. Councilman Hawkins said that everyone was familiar with the location but pointed out that a survey was not attached to the application and it was his understanding that after a building remained vacant for more than one year, it was necessary to meet distance requirements. Mr. Camp stated that the application indicates the map has been furnished and filed and suggested that it be returned to the business license clerk and made a part of the file. Councilman Hawkins made a motion the license be approved subject to the survey being submitted showing that the required distances have been met seconded by Councilman Jack Cramer Councilman Lnenicka reminded Mr. Schrampfer that he would be responsible for any violations of the alcoholic beverage ordinance. May 3, 1993 meeting - continued Vote on the motion to approve the license carried 7-0. FORMAL BUSINESS: (A) Bid opening - copier for Court Services Division Bids were opened, read and recorded as follows: TIC, Inc. $8,045 All South Copiers $6,575 Danka Business $4,613 Acme Business $5,520 Councilman Jim Hawkins made a motion the committee be authorized to award the low bid only, otherwise the recommendation will be brought back to full council at the next meeting. Councilman Bill Scoggins seconded the motion which carried 7-0. (B) Appointment to Smyrna Housing Authority - Ward 6 Councilman Wade Lnenicka made a motion the George Mercurius be appointed to the Smyrna Housing Authority for a 5 year term, representing Ward 6. Councilman Lnenicka said that Rowland Davidson was his former appointee but no longer resided in his ward. Mr. Mercurius is an architect who resides in Ward 6 and is very active in the community. Councilman Hawkins seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: (A) Defibrillator for Fire Department Councilman Hawkins made a motion the bid be awarded to Matrix, the low bidder at $6,500. Councilman Jack Cramer seconded the motion which carried 7-0. (B) Fire hoses for Fire Department Councilman Hawkins made a motion the bid be awarded to Harless Fire Equipment, the low bidder for 3" hose at $6,422.40 and to Firefighters Supply, the low bidder for 1 3/4" hose at $2,202. Councilman Lnenicka seconded the motion which carried 7-0. (C) Protective clothing for Fire Department Councilman Hawkins made a motion the bid be awarded to American Safety and Fire House, the low bidder meeting specifications at $411.00 per outfit. Councilman Cramer seconded the motion which carried 7-0. (D) Fireworks - 4th of July Councilman Cramer made a motion the bid be awarded to Zambelli Company. Councilman John Patrick seconded the motion which carried 7-0. CONSENT AGENDA: (A) Approval of April 19, 1993 minutes (B) Approval of 3-year subrecipient CDBG agreement - City of Smyrna and Cobb County (C) Approval to solicit bids - MUST Ministries building renovations (CDBG program) (D) Decrease speed limit on Church Road from 35 MPH to 25 MPH (E) Approval for three-way stop sign - Stonecreek Road and Timberland Drive May 3, 1993 meeting - continued Councilman Pete Wood made a motion the consent agenda be approved seconded by Councilman Ron Newcomb. Councilman Hawkins said as the result of a request at the last meeting by Mrs. McQueen, a resident of Church Street, we asked our City Engineer to review her written recommendations on ways of improving safety on that street. Mr. Hildebrandt's recommendation is that we not lower the speed limit to 25 MPH but Councilman Hawkins said he disagreed and felt that the conditions warranted a reduction. Mr. Hildebrandt did not recommend the three way stop on Church at Stephens as requested by Mrs. McQueen nor did he recommend speed bumps or discontinuance of the left turn signal on South Cobb Drive at Church which would create additional traffic problems on South Cobb Drive. Councilman Lnenicka said the purpose of lowering the speed limit is to address safety concerns for residents and is not intended to create any type of speed trap and hoped that we would give notice of the change before enforcement. Councilman Hawkins suggested that we give a one week grace period and if possible install blinking lights at each end of the street to warn motorists if they are driving too fast. Vote on the motion to approve the consent agenda carried 7-0. COMMITTEE REPORTS: Councilman John Patrick called on Laurel Best for a report from the Library. Councilman Ron Newcomb called on Mary Ann White for a report from Personnel. Mrs. White announced the current job openings in the City. Councilman Newcomb read a letter from Quik Trip commending employees of the Community Development Department for the professional and courteous treatment they received from them recently. Councilman Newcomb congratulated Leah Craig, the granddaughter of Richard and Barbara Hellmann who reside at Highland Drive for being selected to perform with the John Philip Sousa Band in Washington. Members were selected throughout the country with only two high school students from Georgia being named. Councilman Newcomb announced that the water line on Lochlomond was complete and pressure should be normal. Curbing and re -seeding will be finished within the next few days. Councilman Bill Scoggins called on Vic Broyles for a report from Public Works. Mr. Broyles reported on the chipping program and while they had a good trial period during April, were still working on scheduling problems. Chips are available to citizens at Public Works and will also be delivered. The Public Works facility is also open on Saturday from 8:00 a.m. to 4:00 p.m. Councilman Lnenicka asked Mr. Broyles to check on a recessed area in the pavement on Nancy Circle where it appears that the road is collapsing. Councilman Scoggins made a report from Community Relations in the absence of Kathy Barton and announced the winners of the Earth Day Awards. Councilman Jack Cramer called on Steve Ciaccio for a report from the Parks Department. Councilman Hawkins said he had received requests from citizens that the City not open the Jonquil Festival craft show until after church service hours on Sunday and asked Mr. Ciaccio to please take that into consideration next year. Councilman Lnenicka read a letter of appreciation from Big Brothers and Sisters of Atlanta to Chief Hook for their contribution to the Cops for Kids Program in the amount of $1,870. May 3, 1993 meeting - continued Councilman Lnenicka called on Chief Hook for a report from his department. Councilman Lnenicka said he felt we had made some progress the last few years in the image of our city and there is a noticeable absence of some of the complaints that were previously voiced about the City. We need to not lose sight of the progress that we've made and continue to make Smyrna a showplace. Councilman Pete Wood called on Jim Triplett for a report from the Finance Department. Mr. Triplett gave an update on the preparation of the FY94 budget and stated they are still working on revenue projections. The budgets will be available for review May 18-31 by Mayor and Council Bob Thomson announced that }Mayor Bacon had been named as Outstanding Community Leader at the GMA Spring Meeting April 28th. With no furt business, meeting adjourned at 7:00 p.m. A. MAX BACON, MAYOR MELMA-15 M ON, CIff CLERK r HN PATPICK, rWA1 RON NEWCOMB, WA D 2 BILL S OGGINS, W 3 AM M. HA NS, 7WAD 4 JACK C MER, WARD 5 WADE LNEVICKAT WARD 6 CHARLES PETE WOOD, WARD 7