07-06-1992 Regular MeetingJuly 6, 1992
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on July 6, 1992 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, Communications Director
Steve Ciaccio, Police Chief Stan Hook, Finance Director Emory McHugh, Library
Director Laurel Best, Parks Director Sherry Reavis, Community Relations Kathy
Barton Public Works Director Vic Broyles, City Engineer Ken Hildebrandt,
Personnel Director Jane Mears, Fire Chief Larry Williams and representatives
of the press.
Invocation was given by Reverend Al Turnell, pastor of First United Methodist
Church, followed by the pledge to the flag.
Mayor Bacon recognized political candidates Paul Coverdell, U.S. Senate;
Jerri Barr for Bob Barr, U. S. Senate; Jack Shinall, Cobb County Commission;
Herman Clerk, Congress; Joe Thompson, Cobb County Commission; Joe Morris,
State Court Judge; Charlie Bailey, Cobb County Commission; and Norman Bigham,
Cobb County School Board.
CITIZENS INPUT:
Jim Clacker, 2754 Spring Drive stated he was here to represent a group of
citizens, hesitantly, because of possible personal incriminative acts which
may occur. His personal councilman would not return his call. Mr. Clackler
said he had six statements to make: 1) The legislature in its so-called
wisdom passed an unenforceable law to reduce the needed landfill problem in
the next 4 years; 2) This body jumped on this, possibly as an opportunity,
and immediately cut collections in half, then raised the rates immediately;
3) Made an agreement with a private concern at citizens expense to pick up
recyclables; 4) We are ordered to clean, wash, sort, package, color code,
etc. about 20 different categories of items; 5) We are then to set out these
garish blue keep Smyrna beautiful boxes for the convenience of BFI on
special dates so they can make a profit off our work and our trash that we
are paying extra for the City to pick up; 6) Studies indicate that we have no
water shortage and that it costs no more to deliver to our home in summer
than in winter and that we have that capability. Mr. Clacker said the
questions the residents asked that he present were: 1) Since you are cutting
garbage pickups in half, thus reducing costs, why raise the rates; 2) What
gives tax paying citizens the obligation to make a profit for a private
corporation; 3) What unthinking person got the idea that most, or many
people, change oil in their vehicles and did that same person dream that we
could put all junk mail delivered by various business and postal services in
the blue container along with tires, oil, plastic, bottles, etc.; 4) some
change is needed, but why not phase in recycling in the coming 3 1/2 years
and let our city make a profit, thus cutting net operating cost and possibly
taxes that we might not have to increase; 5) Do the citizens work for the
city officials and employees or do they work for us; 6) Shall we go to court
to correct this injustice -- no one wants to but all have strenuously
objected to the obvious impropriety being attempted; 7) since this program in
its present form is doomed to failure how are you going to penalize the
citizens for that failure. It is not necessary to raise water rates in summer
so why do it?
Mayor Bacon stated the things mentioned were mandated by either State or
Federal government. A lot of time and thought was put into the recycling
program and the figures today indicate that 84% of the homes are
participating in the program. Our landfills are at maximum capacity and
between now and 1995 we have to reduce the intake by 25%. There is not that
much profit to be made in recycling because the market is flooded.
Councilman Newcomb told Mr. Clacker that he had been out of town for one week
and just got the message this weekend, but apologized for not returning his
call in the last 24 hours.
Mary Ann Fulford represented the Board of Directors and homeowners at
Countryside Condominiums on Spring Road. Ms. Fulford referred to the recent
article in the newspaper where Aunt Fanny'c Cabin was sold at auction for
$335,000. Two years ago the property was appraised at $1.3 million. This is
one of our oldest landmarks and the person who purchased the property claims
he is representing a group of undisclosed investors, with no hint as to the
proposed use. The sale has grown national attention and homeowners in the
neighborhoods are very concerned as to what is going to happen to this
July 6, 1992 meeting - continued
landmark. Mr. Newcomb has assured them that he will work with them in the
event the new owner proposes to change the current zoning status of
Neighborhood Shopping to another category. The association requested any
information that may be available now for any proposed changes and also asked
that they encourage the new owner, Frank Johnson, to keep Aunt Fanny's open
and perhaps have it placed on the Cobb Register of Historic places. The
recent development of the community center and library has brought favorable
results to the community, not to mention aesthetic qualities. Ms. Fulford
said she would like to personally volunteer her time to entice some of the
establishments in Atlanta to consider Smyrna as a prime location to bring
their business. Also, she has spoken to Chris Kehoe the Cobb County Historic
Preservation Planner and he has consented to assist us, if there is a way to
preserve Aunt Fanny'c Cabin. With the completion of the convention center and
1996 Olympics, there is a tremendous need to continue to give our city an
upscale facelift and we have the volunteer resources to make it happen.
Councilman Newcomb said he met with Ms. Fulford this weekend and had received
a number of calls from other residents. He did talk to Mr. Johnson today, and
he recognizes the importance of this as a Smyrna landmark. There is a strong
possibility that it will remain a restaurant, but would not rule out the
possibility that the property may be developed otherwise. He was
noncommittal, but hopeful that it would be a profitable venture to stick with
Aunt Fanny's. Mr. Newcomb presented copies of the Neighborhood Shopping
ordinance to the homeowners so that they could be aware of the other uses
allowed under the exiting category.
Councilman Lnenicka said it probably would be illegal to make any premature
commitment as to what they may or may not do in the event an application is
filed for rezoning but said he thought the property was properly zoned as NS
for the current use. He, too, would like it to remain compatible with the
neighborhood and has consistently opposed commercial encroachment areas. Mr.
Lnenicka said he appreciated Ms. Fulford's offer to volunteer time to bring
new business to Smyrna which has been a major effort of the council and
Downtown Development Authority members. Mr. Lnenicka urged Ms. Fulford to
contact Bob Thomson and perhaps our annexation coordinator so that we could
take her up on the offer of her services.
Andrea Blustein represented Country Park and also expressed their concern
with changes that may occur with Aunt Fanny's Cabin and felt it should be
preserved and placed on the Cobb Historic Register.
Ms. Blustein said she was also upset with the fact that condominiums and
multi -dwelling units are not being included with the recycling program
because they want to participate. Mr. Hawkins said he appreciated that, and
the committee looked at the multi -family dwellings when they looked into the
program. We are very much committed to including them in the future but will
probably need to formulate a committee from homeowners on how it can be
effectively put into place. That is a number one priority with us now. Ms.
Blustein said they would like to volunteer to being a test community and
would be glad to meet with city representatives.
Mayor Bacon recognized Harvey Paschal, candidate for Commission Chairman and
Newt Gingrich, candidate for Congress.
Y Robert Russell, a resident of Balmoral Road said the recycling program was
wonderful because they had always recycled but was concerned with the
increase of collection of garbage and reduction in service. According to his
figures, the cost prior to July 1 was $1.33 per pickup for 104 pickups per
year and as of this week the cost has gone to $2.71 for homeowners per
pickup, with 52 pickups per year which amounts to a 204% increase. Mr.
Russell said he thought that indicates a lack of management and hoped that
perhaps we could get back to 2 pickups per week.
Councilman Hawkins said the City has been losing money on residential garbage
service for some time. In November of last year we determined the actual cost
for pickup as compared to what we actually took in. The actual cost of
collection that year was $1.169 million. Revenues generated for that same
service was $992,000 for a net loss of $177,890. We have been subsidizing
those loses over a number of years and three years ago, the finance
department recommended that we increase rates to $15. We have tried to hold
the line and the actual cost at the time of the increase, to pick up garbage,
was $13.59 while we were charging $11.50. When you add on the additional
charge of $1.84 for recycling, the actual cost today amounts to $15.43 per
July 6, 1992 meeting - continued
household. We are still providing two pickups per week, the only difference
is that one of those is recyclable items. The underground garbage system we
use is one of the few in the United States and the cans only hold 33 gallons
of garbage. We have mailed questionnaires to citizens about doing away with
the system and the overwhelming response is that we should stay with the
in -ground cans because they are aesthetically more pleasing. This system is,
however, -the most expense and labor intensive system that can be used. At the
present time we use 4 men per truck. If we used a herbie-curbie system we
could operate with 3 men per truck and possibly 2 because the trucks have an
automatic pickup device for the containers. We have been losing money with
this system for a long time, and we cannot continue to operate at a loss.
PUBLIC HEARINGS:
(A) Privilege license - beer and wine pouring - Pizza Hut, 3815 South Cobb
Drive
Bob Thomson said that Eric Wilson is applying as the new agent to hold the
beer and wine pouring license for Pizza Hut. Mr. Wilson is the Area Manager
and holds other licenses in Cobb County for the corporation. Mr. Wilson meets
all requirements of the Code and the police investigation was favorable.
There was no opposition.
Mr. Wilson said the Pizza Hut had been in operation for 10 to 12 years. Pizza
Hut has a training program for employees which coincides with the Georgia
training program. They are all taught to ID customers, how to serve, and now
to identify those that may be intoxicated so that they are not served. Mr.
Wilson said he had read the ordinance and understood it.
Councilman Hawkins made a motion the license be approved. Wade Lnenicka
seconded the motion which carried 7-0.
(B) Annex 1.72 acres in Land Lots 686 and 685
Bob Thomson said the legal description for this property was read at the
first meeting of June and it has been advertised for a public hearing
tonight. There was no opposition.
Councilman Pete Wood made a motion the property, owned by Billy Glass, be
annexed into the City and made a part of Ward 7. Wade Lnenicka seconded the
motion which carried 7-0j.
(C) Variance request - 5040 Hickory Mill Drive - reduce front yard setback -
reduce building line
Bob Thomson said that Mr. Allen Potter is requesting the variance to reduce
the front yard setback from 60 to 40 feet and the property width at the
building setback line from 110 to 100 feet for construction of a new home.
There was no opposition.
Councilman Wood said he was familiar with the lot, which is very steep. There
is no opposition from the neighbors and could see no reason why it should
have any adverse impact on the neighborhood. Mr. Wood made a motion the
variance be granted as requested. Jack Cramer seconded the motion which
carried 7-0.
FORMAL BUSINESS:
Nothing to report.
COMMERCIAL BUILDING PERMITS:
(A) Radcure, Inc. at 2000 Lake Park Drive requested a permit for renovation
of offices at a total estimated cost of $600,000. Bill Scoggins made a motion
the permit be approved. Pete Wood seconded the motion which carried 7-0.
BID AWARDS: Nothing to report.
CONSENT AGENDA:
(A) Approval of June 15, 1992 minutes
(B) Approval to request bids to replace tractor for Parks and Recreation
Department
C) Approval to request bids to resurface tennis courts at Tolleson Park
(D) Approval to request bids to replace pick-up truck for Parks and
Recreation Department
July 6, 1992 meeting - continued
Bill Scoggins made a motion the consent agenda be approved. Jim Hawkins
seconded the motion which carried 7-0.
COMMITTEE REPORTS:
John Patrick commended city staff on the July 4th festivities. Also, there
seems to be a rat problem in his ward and Mr. Patrick asked that anyone
having a problem to please notify him.
Laurel Best gave a report from the Library.
Wade Lnenicka made a motion the rules be suspended to consider an item not on
the agenda. Jim Hawkins seconded the motion which carried 7-0.
Jim Hawkins said the City will have a benefit concert on July 20th beginning
at 7:00 p.m. which is also a council meeting night, and made a motion the
time of the council meeting be changed to 6:00 p.m. Pete Wood seconded the
motion which carried 6-0-1 with Ron Newcomb abstaining. Tracy Lawrence will
perform with the Desert Wind band and all proceeds will go to MUST Ministries
in Smyrna.
Councilman Scoggins commended our firefighters for their quick response to
the injured worker at the fireworks display on Saturday night. Mr. Scoggins
called on Chief Williams who introduced Firefighter Mike Moore, who was
recently chosen as Firefighter of the Month. A plaque will be displayed in
the station bearing his name and a different employee selected and his name
added monthly. Mr. Moore is also a volunteer firefighter at Paulding County
and was also recently recognized by the Cumberland Jaycees as Outstanding
Young Firefighter.
Councilman Scoggins also commended the Parks staff for the good job in
planning and coordinating the July 4th activities.
Councilman Hawkins also commended Sherry Reavis, Kathy Barton and the police
Department for the July 4th concert and fireworks show. Mr. Hawkins called on
Kathy Barton and Vic Broyles for reports.
Councilman Jack Cramer called on Sherry Reavis for a report from the Parks
Department.
Mr. Cramer read a letter from the University of Georgia executive development
program for recreation parks and professionals. A group of students from New
Zealand visited the 12 best sites in the State of Georgia and the Smyrna
Community Center and Library was picked as one of the best in the state.
Their letter stated that Smyrna had the most "recent and impressive complex."
This information will be noted in travel information at their home, as one of
the best sites in the State of Georgia to visit.
Mr. Cramer said he had also received calls about political candidates placing
brochures in mailboxes and reminded them that it was illegal; they need to
check with the post office before placing any mail in boxes.
Councilman Lnenicka called on Chief Stan Hook for a report from the Police
Department. Mr. Lnenicka also stated that he and his family enjoyed the great
event held at the community center for the 4th of July. Last year we
celebrated the return of veterans from the Persian Gulf and this year the
celebrations seemed more family oriented. The greatest thing about the
celebration was the team effort that it took from all departments to make it
successful. Mr. Lnenicka said he, too, had gotten a lot of calls about the
change of garbage pickups. The biggest problem are families with large
families, and those having children using disposable diapers which create
quite a volume. The City is making an attempt at doing the right thing and
where we have problems we need to try and identify solutions. If what we are
trying should fail, we will try something else but we must reduce our solid
waste volume within the next 4 years and recycling is part of the answer. The
participation results on the first day was phenomenal and we need to continue
to educate our citizens on how to recycle. Mr. Lnenicka challenged everyone
to take a leadership role in this program and do their very best.
Councilman Wood also thanked city departments for the 4th of July
celebration. The spirit and feeling of patriotism was high and we have a lot
to be proud of. Mr. Wood also asked that everyone give recycling a fair
chance and we will deal with problems when they arise.
July 6, 1992 meeting - continued
Mayor Bacon reminded everyone of Smyrna Night at the Braves tomorrow. With no
further business, meeting adjourned at 9:03 p.m.
A. MAX BACON, MAYOR MELI A DAMERN, (CITY C ERK
H/N� PATRICK, WARD 1 RON�NEWCOMB, WARD 2
M.��_PS, WARD
,dACK CRAMER, WARD 5 WADE LNENrMA, WARD 6
CHARLES PETE WOOD, WARD 7