01-03-1995 Regular MeetingJanuary 3, 1995
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was
called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members
were present. Also present was City Administrator Bob Thomson, Deputy City Clerk Candis Joiner, City
Attorney Charles E. Camp, Fire Chief Larry Williams, Acting Finance Director Claudia Edgar, Assistant
Public Works Director Ray Curtis, Police Chief Stan Hook, Children's Librarian Tonda Morris, Parks
and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Personnel Director
Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and
representatives of the press.
Invocation was given by Councilman Jim Hawkins followed by the pledge to the flag.
Mayor Bacon recognized Mary Ann White, Director of Human Resources, who made a presentation to
a Public Works Team of the Month for January, 1995. Ms. White recognized Assistant Public Works
Director Ray Curtis, Supervisor/Street Department Frank Martin, Robert Belden and Gene Brookshire
who were present at the meeting and Toya Fuller and Mark Reece who were not able to attend the
meeting. Ms. White commended them for their work on the beautification project at the Arthur T. Bacon
Memorial Bridge on Atlanta Road. She then presented them with a gift certificate and a plaque to be
displayed at the Public Works complex.
Mayor Bacon expressed his appreciation to the crew for their hard work and complimented Councilman
Scoggins and Ms. Ann Kirk for their efforts in having this project completed.
CITIZENS INPUT:
Mayor Bacon recognized Ms. Joan Morris. Ms. Morris announced that the Friends of the Smyrna
Library will be sponsoring a Mystery Theater Dinner at the Smyrna Community Center on Friday,
February 17, 1995, from 7:30 - 9:30 p.m. Ms. Morris encouraged everyone to join them for an exciting
evening of mystery, good food and fellowship. She also announced the tickets will be sold by advance
notice only and may be purchased at the Library or Community Center beginning January 10 at a cost
of $15 -- no tickets will be available at the door.
PUBLIC HEARINGS:
(A) Variance Request - 2660 Birch Street - Reduce Side Yard Setback from
10 feet to 8 feet
Mr. Thomson stated Mr. Michael Camp has built a screened porch on the rear corner of his home that
is within eight feet of the property line and therefore the variance is needed.
Mayor Bacon announced this is a public hearing and asked if anyone was present in opposition to the
granting of this variance request. There was none.
Councilman Cramer asked Mr. Camp to briefly describe why the variance was required as the porch has
been built for approximately 18 months.
Mr. Camp explained the house is not parallel to the property line and he measured the distance from his
neighbor's fence, which he assumed was six inches from the property line. He later discovered this was
in error as the fence was two feet from the property line. His neighbor's survey was done after he built
the porch and it was at this time he discovered the corner of the porch was eight feet from her fence but
the balance of the porch is in the 10 foot allowable setback.
Councilman Cramer stated he had been to the property and in order to be in compliance with city code,
Mr. Camp has requested this variance.
Mr. Camp further explained that approximately three years ago, the city purchased an easement from Mr.
Camp and the fence on his neighbor's property had to be moved. He further stated the neighbor was out
of state for approximately 18 months and when she returned she had the survey done to be sure the fence
was put back where it should have been. As a result of this survey, it was determined the fence was two
feet from the property line and not six inches.
Councilman Cramer made a motion the variance request at 2660 Birch Street to reduce the side yard
setback from 10 feet to 8 feet be approved. Councilman Scoggins seconded the motion. Motion was
approved 7-0.
January 3, 1995, meeting - continued
FORMAL BUSINESS:
(A) Bid Opening (94022) - Self Contained Breathing Apparatus (Fire Department)
Mayor Bacon asked if there were any bids in the audience. There were none. Fifteen bids were mailed
out, six were returned, with two being undeliverable. The bids were opened and read as follows:
Vista Sales and Service - Marietta, GA No Bid
Fisher Safety America
$18,603.90
North Alabama Fire Equipment - Decatur, AL No Bid
American Safety and Fire House $18,888.00
Councilman Hawkins made a motion the bids be turned over to the Fire Committee for their review with
a recommendation to be brought back to the Mayor and Council at the next meeting. Motion was
seconded by Councilman Scoggins. Motion was approved 7-0.
(B) Apartment Moratorium
Mr. Thomson stated in March, 1994, an apartment density report called for further study of development
of developmental corridors within the city and immediate area and in December 1994 the parcel -by -parcel
analysis was received by the city. He further indicated the city is now studying that analysis.
Councilman Newcomb stated that it is important to have a balance between residential/commercial
property and in terms of residential, owner -occupied, and rental units in order for a community to do
well. He further stated in the Smyrna/Cumberland area this balance does not exist. He further stated
that 2/3 of the units in the Cumberland area are not owner occupied and have a large turnover rate which
affects the stability of the neighborhood and the schools. Mr. Newcomb stated there has been an
apartment moratorium in effect for the past twelve months and the county has also had a moratorium in
effect.
Mr. Newcomb stated further studies are necessary especially in the main corridors in Smyrna, along
Atlanta Road and South Cobb Drive. Councilman Newcomb then made a motion the apartment
moratorium be extended for six months from January 3, 1995, to July 5, 1995. Councilman Wood
seconded the motion. Motion was approved 7-0.
COMMERCIAL BUILDING PERMITS: There were none.
BID AWARDS: There were none.
CONSENT AGENDA:
(A) Approval of December 19, 1994, Minutes
(B) Approval of December 29, 1994, Minutes
(C) Budget Adjustment - Electrical Access - Village Green Area
Councilman Scoggins made a motion that the consent agenda be approved. Councilman Hawkins
seconded the motion. Motion was approved 7-0.
COMMITTEE REPORTS:
Mayor Bacon wished everyone a Happy New Year and commended the Public Works employees for the
work they perform during the year.
Mayor Bacon then expressed his condolences to the families of Mr. Jerry Fouts, co-owner of Fouts
Brothers, and Mr. Harry Holliday, former president of the Bank of Smyrna, two civic leaders from
Smyrna, who passed away recently.
January 3, 1995, meeting - continued
Councilman Patrick expressed his appreciation to the staff at the Library for their work during the past
year.
Councilman Newcomb stated Mary Ann White does not have a report for the Human Resources
Department this evening and Scott Stokes would prefer not to give an update on the Stephens Woods
Apartments until he can discuss the matter with the City Attorney.
Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms.
Kirk expressed her appreciation to the Public Works crew for their beautification efforts at the Arthur
T. Bacon Bridge. Ms. Kirk reminded everyone the "Bring One for the Chipper" program for Christmas
tree recycling will be Saturday, January 7, 1995, at the Home Depot location at Cumberland Parkway
at I-285. The recycling will take place from 9:00 a.m. to 4:00 p.m. and reminded those citizens who
could not wait until Saturday to dispose of their trees that they could take them to the Public Works
Complex during regular business hours (Monday - Friday from 8:00 a.m. to 4:00 p.m.). She also stated
the Adopt A Highway program will be January 21, 1995.
Councilman Scoggins asked Nancy Hancock for a report from the Cemetery Commission. Ms. Hancock
reported the Commission has sold twenty-five bricks for the "Pathway of Honor" for a total of $1,700
and also reported the planting was complete at the Smyrna Memorial Cemetery. She expressed her
appreciation to all commission members for their assistance during the planting and acknowledged the
work of Mr. Jim Wooten for all his work at the cemetery.
Councilman Scoggins reported the Public Works Department does not have a report this evening.
Councilman Hawkins stated Larry Williams does not have a report from the Fire Department this
evening.
Councilman Cramer stated Steve Ciaccio does not have a report from the Parks and Recreation
Department this evening.
Councilman Cramer expressed his appreciation to the Police and Parks Department for their assistance
during the "Boy's Town" outing on December 29, 1994, at the Community Center. He also
complimented the City for the excellent display of Christmas decorations at the Village Green.
Councilman Lnenicka stated Congressman Gingrich asked him to report that at the "Boy's Town"
showing at the Community Center, a total of $25,800 was raised for charity -- $15,800 for Boy's Town
and $10,000 for the Red Cross.
Councilman Lnenicka reported Chief Hook does not have a report from the Police Department.
Councilman Lnenicka then stated some of his goals for the Smyrna citizens and stated these goals could
be used as a report card if he runs for re-election.
1. Completion of the Atlanta Road widening project and the beautification project that will
be done after the widening is completed.
2. Completion of traffic synchronization on South Cobb Drive -- from Pat Mell Road to I-
285.
3. Work with the neighborhood associations and form a Ward 6 Civic Association which
would assure the homeowners and residents of the city a good voice for access to the
government on issues of concern to them.
4. If Creatwood Farms is developed, will continue to work to see that it is developed as a
residential subdivision for single-family homes -- not as commercial property.
5. Maintain the neighborhoods in all of Smyrna as a nice place to live.
6. Additional protection for the citizens of Smyrna as a result of the Police Department Grant.
7. Begin construction and finish the design of the new public safety building and hopes to
finish the project ahead of time and under budget.
8. Look for ways to cut expenses and save money in the budget and stated he will not
support a tax increase in 1995 in the millage rate.
9. Wants to continue to work on the Economic Redevelopment not only for the downtown
area but also some of the other commercial areas in the city.
Councilman Lnenicka then stated he was looking forward to working with the council on these issues
during the coming year.
January 3, 1995, meeting - continued
Councilman Wood stated Acting Finance Director Claudia Edgar did not have a report for the Finance
Department this evening.
Councilman Wood also complimented the city on the Christmas decorations this year at the Village
Green. He further stated he would like to see the city continue to enhance the decorations each year.
With no further business, the meeting adjourned at 7:57 p.m.
A. MAX BACON, MAYOR
HN PATRICK, WARD
BILL SC GGINS, WAR
?ACKRAMER, WARD 5
CHARLES PETE WOOD, WARD 7
MELINDA DAMERON, CITY CLERK
-'�. --) 1J
RON NEWCOMB, WARD 2
M. HAWKINS, WARD 4
WADE S. LN-E.9NINA, tARD •