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July 6, 1992 Council Meeting July 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 Ai 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 Federal government. program and the participating in between now and much profit to be the things mentioned were mandated by either State or A lot of time and thought was put into the recycling figures today indicate that 84% of the homes are the program. Our landfills are at maximum capacity and 1995 we have to reduce the intake by 25%. There is not that 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 face lift 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 mayor 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. 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 10 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 first meeting of June and it has been tonight. There was no opposition. for this property was read at the advertised for a public hearing .. 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 celebration. to be proud chance and we Wood The of. will also thanked city departments for the 4th of July spirit and feeling of patriotism was high and we have a lot Mr. Wood also asked that everyone give recycling a fair 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. ~~ --- .. .. ..