11-02-1992 Regular MeetingNOVEMBER 2, 1992
The regular scheduled meeting of Mayor and Council was held November 2, 1992 at
Smyrna City Hall. The meeting was called to order at 7:30 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, Community Relations Director
Kathie Barton, Fire Chief Larry Williams, City Engineer Ken Hildebrandt, Library
Director Laurel Best, Parks and Recreation Department representative Keith
Nelson, Public Works Assistant Director Larry Dunn, Finance Department
representative Sharon Williams, Police Department Representative Bill Hayes and
representatives of the press.
Invocation was given by Reverend Jim Lewis of the Locust Grove Baptist Church
followed by the pledge to the flag.
Citizens Input:
Councilman Jim Hawkins read a proclamation declaring November as Poppy Month and
November 7 as Poppy Day. This proclamation was presented to Betty Turley, member
of the American Legion Women's Auxiliary.
Ms. Turley introduced Michelle Floyd and Peggy Futrell and thanked the Mayor and
Council for their support and recognition of Poppy Day. The proclamation was
accepted on behalf of Unit 160 of the American Legion.
Mayor Bacon recognized Congressional candidates Newt Gingrich and Tony Center and
also school board candidate Norman Bigham.
PUBLIC HEARINGS:
(A) Variance Request - Reduce Side Yard Setback - 1671 Tyler Green Trail
Mayor Bacon stated this variance request and asked if there was anyone here in
opposition to this variance request. There was none.
City Administrator Bob Thomson stated that Steve Edison Builders is requesting
a variance due to a mistake made by the foundation crew. Mr. Thomson stated that
in the letter of hardship, Mr. Edison stated that he hoped this is the first and
last letter of hardship he will have to submit to the City of Smyrna. Mr.
Edison's letter also indicated that both lots adjacent to this property were
vacant at this time and it is likely that he will be the builder on them.
Mayor Bacon stated this was in Mr. Lnenicka's ward and asked Steve Edison to come
forward at this time. Councilman Lnenicka asked Mr. Edison to explain what he
was requesting.
Mr. Edison indicated this variance was due to a mistake made by his foundation
crew. The crew did run a string up the side line of the property and due to the
elevation change they made a mistake on one side of the property. He indicated
that the front of the house is within the lines, it is just the back corner of
the house that is missing being within the lines by a foot or so.
Councilman Lnenicka asked Mr. Edison if he owned the adjacent lot and Mr. Edison
responded that he did not. Mr. Edison stated there are only eight lots remaining
the subdivision and he might eventually own the lots. The house is approximately
3500 square feet.
Mr. Lnenicka made a motion to approve the variance request at 1671 Tyler Green
Trail to reduce the side yard setback from 10 feet to 8.86 feet be approved.
Pete Wood seconded the motion. The motion was approved 7-0.
(B) Annexation of Property in LL 307, 270, 271 and 306
Mayor Bacon stated this annexation petition was read at the last meeting of
Council. Mayor Bacon stated Mr. Thompson was not present and that his presence
was not required. Mayor Bacon then asked if there was anyone present in
opposition to this annexation request. There was none.
Councilman Cramer explained he had talked with Mr. Thompson earlier today and Mr.
Thompson had indicated he would be unable to attend the meeting tonight. Mr.
Cramer then made a motion to approve the annexation of the property in LL 307,
November 2. 1992, meeting - continued
270, 271 and 306 into the City of Smyrna and become a part of Ward 5. Jim
Hawkins seconded the motion. The motion was approved 7-0.
(C) Close and Convey 5' Alley - Dunn Street
Bob Thomson stated that the City would conduct a public hearing for the purpose
of closing and abandoning an unimproved i0' right of way beginning at a point on
the west side of Dunn Street, 210 feet from the southwest corner of Dunn Street
and Concord Road, and running west a distance of 188.1 feet. Mr. Thomson
explained that basically this is an alleyway that was open and the residents
would like it closed.
Mayor Bacon stated this is a public hearing and asked if there was anyone present
who would like to comment on this request. There was none.
Councilman Hawkins explained that this is a 10' alley that runs between several
pieces of property that years ago was used by the City to pick up garbage. The
alleyway has been abandoned for a number of years and has grown over and looks
like it is a part of the yard there. Mr. Hawkins made a motion that the alleyway
be deeded over to the adjoining property owners that abut that alleyway and get
it permanently closed as he does not foresee the City ever using this alleyway
again. Mr. Pete Wood seconded the motion. Councilman Lnenicka asked if the cost
of this was to be borne by the property owners. Mr. Hawkins stated it would be
at the expense of any property owners who wanted a part of the alleyway to share
the cost of deeding this property over. The attorney's fees will be borne by
the citizens wishing to own this property.
Mr. Scoggins asked if this alley extended from Dunn Street to Concord Road?
Mr. Hawkins explained the alley starts on Dunn Street and goes to the back of the
first lot and does not touch Concord Road at all.
Mr. Hawkins made a motion to close and abandon the alleyway on Dunn Street. Pete
Wood seconded the motion. The motion was approved 7-0.
FORMAL BUSINESS:
(A) Roll Out Waste Container Service - Commercial Customers Windy Hill Road and
Concord Road
Mr. Thomson stated the Public Works Committee recommends that the businesses on
Concord and Windy Hill currently receiving in -ground sanitation service be
allowed to use roll out containers. It is recommended that the businesses, after
a 45-day notice, be advised that their sanitation service will be changed to
ninety gallon waste containers. Our contract hauler will provide this service
for $20/month per customer and we propose to charge the customers $30/month which
is still $7 a month less than the charge for the smallest (2-yard dumpster)
container. This service will benefit the appearance of the city.
Mr. Hawkins stated this does not necessarily apply to just those businesses on
Windy Hill and Concord. He stated the City is trying to provide all businesses
that are zoned limited commercial and higher, that are presently using the old
in -ground residential cans, and are not on dumpster service with ninety -gallon
herbie kerbies. It will affect most of the businesses that are located on Windy
Hill and Concord Road. We have received numerous complaints that there is
garbage all over Windy Hill and Concord Roads because they have too much garbage
to put in the residential containers. The City is trying to be fair and
attempting to keep the garbage from piling up on the streets. This will
hopefully solve the problem of unsightly garbage and will also make it easier to
pick up the 90-gallon roll out. Chambers Development is going to provide this
service for us.
Mr. Thomson stated this will also provide a safety consideration due to the
traffic on these corridors.
Mr. Hawkins explained this service, if approved by Council tonight, would go into
effect December 15, 1992. Mr. Hawkins made a motion that all businesses, limited
commercial and higher, be required to have the 90-gallon herbie kerbies or the
regular commercial dumpsters. Ron Newcomb seconded the motion. The motion was
approved 7-0.
November 2, 1992, meeting - continued
(B) Ordinance Amendment - Section 3-67 and 3-68
Bob Thomson stated there has been a request for extended hours of operation under
the Alcoholic Beverage Ordinance. The amendment will allow for the extension of
hours Monday through Friday from 2:00 a.m. to 4:00 a.m. for those obtaining a
special permit.
Mr. Wood stated it was the responsibility of the Finance and Administration
Committee to review and recommend relative to business licenses of this type.
We have been in the process of trying to bring our Ordinances in line with other
metro counties and municipalities. Mr. Wood stated we have existing in the City
two license categories relating to the sale of alcoholic beverages. The standard
license provides the minimum hours that pouring license holders shall be entitled
to operate - between the hours of 8:00 a.m. and 2:00 a.m. Monday through Friday
and Saturday 8:00 a.m. through 2:55 a.m. No sale shall be made between the hours
of 3:00 a.m. Sunday and 8:00 a.m. on Monday or on Christmas Day. In addition to
that standard ordinance we have a Sunday sales permit that has been on the books
some years. Alcoholic beverages may be sold and served for the consumption on
the premises on Sundays from 12:30 p.m. until 12:00 midnight in any licensed
establishment which derives at least 60% of its total annual gross food and
beverage sales from the sale of prepared meals and food. He also stated this was
a third category called a Special Sales Permit and it authorizes the sale, under
Section 3-67 and 3-68 of the Code of the City of Smyrna, in addition to the hours
of operation specified in the Section 3-67, of alcoholic beverage for consumption
on the premises during the hours of 2:00 a.m. and 4:00 a.m. Monday through Friday
except on Christmas Day and any licensed establishment which derives at least 60%
gross sales, from the sale of prepared meals or food. This ordinance changes
this to a new Special Sales Permit category and establishes a new fee which may
be changed from time to time by the Mayor and Council by resolution and a
schedule of the fee shall be maintained in the office of the City Clerk. He
further stated the Mayor and Council will establish the fee for this special
category prior to the granting of any license under this new sales permit will
be published prior to any issuance of the permit. Mr. Wood stated the Finance
and Administration Committee recommends approval of the ordinance amendment.
Motion was seconded by Jim Hawkins.
Mr. Newcomb stated he serves on the Finance and Administration Committee but he
is personally opposed to the extension of hours as outlined in this ordinance
amendment.
The motion was approved 6-1 with Councilman Newcomb opposed.
COMMERCIAL BUILDING PERMITS:
There were none.
BTD AWARDS:
(A) 1993 Mid -sized Truck for Community Development Department
Councilman Newcomb stated three bids were received for the mid -sized truck for
the Community Development Department. The low bid was $10,093.70 from Chuck
Clancy Ford for a Ford Ranger. Mr. Newcomb made a motion that the City accept
the low bid and make the award to Chuck Clancy Ford. Wade Lnenicka seconded the
motion which was approved 7-0.
(B) 38' UL Lift - Parks and Recreation Department
Councilman Cramer stated four bids were received and it is the recommendation of
the Parks and Recreation Committee that the bid be awarded to Upright, Inc. He
further stated they were not the low bidder but they met the specifications. Mr.
Cramer made a motion to award the bid to Upright, Inc. for $6,928.
Mr. Lnenicka asked if the low bid from Booms and Scissors who presented two
alternates did not meet our specs. Mr. Cramer responded that was correct. Mr.
Lnenicka then stated that if that was the case, Upright, Inc. would be the low
bidder who met specifications.
Jim Hawkins seconded the motion which was approved 7-0
November 2, 1992, meeting - continued
(C) Solid Waste Management Plan
Mr. Newcomb moved that this item be tabled to the next Council meeting. Motion
was seconded by Jim Hawkins. This motion was approved 7-0.
CONSENT AGENDA:
(A) Approval of October 19, 1992, Minutes
(B) Surplus Equipment from Parks Department
Councilman Lnenicka made a motion to approve the consent agenda. Jack Cramer
seconded the motion which was carried 7-0.
COMMITTEE REPORTS:
Mr. Patrick stated the artist for the month of November is Sharon Joan Brownstein
and is entitled an "Exploration of Faces". He also stated there will be a
Library Committee Meeting on Friday, November 6, at noon.
Mr. Patrick stated he had received several complaints of rats in the Afton Downs
area which apparently stems from an overflow of the dumpsters of the near by
apartments. He indicated he would be investigating this problem and will try to
reach a resolution to this problem.
Mr. Newcomb stated he had met on Friday afternoon with City Engineer Ken
Hildebrandt, Public Works Director Vic Broyles and City Administrator Bob Thomson
and four or five residents of the area near Poplar Creek. Some resolution was
reached on several issues. He stated the City is continuing to look at the
drainage problems in the Highland Drive area.
Mr. Scoggins asked Larry Williams to come forward at this time. The Fire
Department has begun an Outstanding Employee of the Month program and announced
the award for this month is being presented to Ms. Peggy Alford. Ms. Alford is
retiring after more than eighteen years of service with the City. Mayor Bacon
presented Ms. Alford with a placque commemorating her years of service with the
City and also presented her with a crystal jonquil. Ms. Alford thanked the City.
Chief Williams then told the Mayor and Council that Councilman Jack Cramer had
donated a dalmatian puppy to the Fire Station.
Jim Hawkins reminded everyone to be sure to vote in tomorrow's election.
Mr. Hawkins then called on Assistant Public Works Director Larry Dunn for a
report on the Public Works Department. Larry Dunn stated work had begun on the
1% Paving projects and have completed work on Rolling View Drive, Ridgecrest Lane
and Falling Waters. The Hillside water line has begun but is not complete; the
Birch Street water line work has been completed and the Public Works Department
is in the process of replacing the sidewalks that had to be torn up in order to
replace the water lines. Mr. Dunn stated his department has begun work on the
Falling Waters drainage problems; Havilon Way piping has been completed as well
as Creatwood. The Gann Road piping has been completed and paving will be done
soon.
Mr. Cramer thanked the Public Works Department for placing signage at Old Spring
Road and San Fernando area.
Wade Lnenicka recognized Lt. C. C. Cook and Officer Michael Sinclair for their
professionalism and the manner in which they represent the City.
Mr. Lnenicka stated he and Bob Thomson had met with members of the Cobb County
D.O.T. to discuss the Atlanta Road widening project. Also discussed was the
request for a traffic light at Creatwood Trail and Atlanta Road and Cobb County
has promised to look into this matter.
Mr. Lnenicka also urged everyone to vote in tomorrow's election.
Mr. Lnenicka then thanked Bill Kinney of the Marietta Daily Journal for an
article about Smyrna's redeveloped downtown area.
November 2. 1992. meetina - continued
Mr. Wood stated the City is advertising for a Finance Director as well as a
Personnel Director and complimented the current staff for the fine work they are
doing in the absence of these two professionals.
Mr. Wood also stated the Smyrna Museum on King Street is well worth visiting and
encouraged everyone to visit the museum.
With no further business the meeting adjourned at 8:27 p.m.
A. MAX BACON, MAYOR
N PATRICK, WARD 1
BILL SC GINS, WAff3
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ACK CRAMER, WARD 5
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CHARLES PETE WOOD, WARD 7
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MELINDA D RON, CITY CLERK
RON NEWCOMB, WARD 2