May 3, 1993 Council Meeting
Ma y 3, 1 99 3
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 Whi te 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
Ci ty 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 corne
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 meetino - continued
Councilman Lnenicka seconded the motion to rezone which carried 7-
o.
(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
addi tional 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
Councilman Hawkins asked Reverend Akinosho
with the National Assembly of God Church.
they were not, but their doctrine was
Four Square Church.
if they were identified
Reverend Akinosho said
similar and they are
May 3, 1993 meetinq - 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 anyone 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.
Mav 3, 1993 meetino - 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.
All South Copiers
Danka Business
Acme Business
$8,045
$6,575
$4,613
$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 meetino - 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
employees of the Community Development
professional and courteous treatment they
recently.
Quik Trip commending
Department for the
received from them
...
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.
Mav 3, 1993 meetinq - 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 ~ayor Bacon had been named as
Outstanding Community Leader at the GMA Spring Meeting April 28th.
adjourned at 7:00 p.m.
A. MAX B CON, MAYOR
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