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June 21, 1993 Council Meeting JUNE 21, 1993 The regular scheduled meeting of Mayor and Council was held June 21, 1993 at Smyrna City Hall. The meeting was called to order at 7: 30 0' 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 Camp, Public Works Director Vic Broyles, Fire Chief Larry Williams, Parks and Recreation Director Steve Ciaccio, Police Chief Stan Hook, Library Director Laurel Best, Personnel Director Mary Ann White, Community Relations Director Kathie Barton, City Engineer Ken Hildebrandt, Finance Director Jim Triplett and representatives of the press. ... Reverend John Fennell, Smyrna Assembly of God, gave the invocation followed by the pledge to the flag. Mayor Bacon called on Chief Stan Hook who introduced Barry DiMaria who replaced James N. Griffin as the Animal Control Officer. CITIZENS INPUT: A resident of Church Street complained of cars travelling above the newly posted speed limit of 25 MPH and asked if the City could be more visible in that area. Chief Hook responded that the City is not able to run radar on Church street with the speed limit of 25 MPH. Chief Hook stated his officers do patrol the area and promised they would continue to patrol the area. Ms. Debbie Pierce stated she was present at the June 7 Council meeting and had indicated the possibility of an incinerator in operation on the Lingerfelt property. She wanted to state for the record there is no incinerator in operation at that location and apologized for any inconvenience her earlier comments might have caused to the Lingerfelts and to the City. Mr. Jim Andrews asked about a recent concern he had over his water bill and the surcharge he had paid. Mayor Bacon asked Mr. Thomson the status of that complaint. ... Mr. Thomson respond the Utility Services staff was investigating the complaint and would be sending Mr. Andrews an explanation of the problem. PUBLIC HEARINGS: (A) Approval of FY 1994 Budget Councilman Pete Wood made a motion that the following budget be approved for FY 1994. General Fund budget $16,636,812, which is an increase of $264,815 over the FY 1993 budget or 1.62%; Special Revenue Fund budget $1,559,088, which is $20,459 less or .33% less than FY 1993 budget; Water and Sewer Fund budget $6,196,328 which is $8,672 less than FY 1993 budget or .55% less; Consolidated FY 1994 budget $24,392,228, which is an increase of the three consolidated budgets of $234,684 or .97% - slightly less than 1% overall. Mayor Bacon asked if there was any persons present who would like to comment on the budget or if anyone had any questions on the new proposed budget. Marilyn Pennington, Lee Street, asked about the $25,000 in the budget for economic development plan for Phase II of the Village Green project. Mayor Bacon explained that amount was put in the budget to allow the City to help revitalize the downtown area. The City hopes to promote the image of Smyrna and attract new businesses to come to the downtown area. -- Ms. Pennington asked about the housing that was mentioned in the newspaper article and Mayor Bacon replied that Phase II was originally the construction of a new City Hall, Police Station, Judicial Building and Fire Station and a combination of some commercial and residential development by the private sector. Mayor Bacon also stated that before any construction work is begun on Phase II there will be a referendum from the public on the project. The $25,000 was the amount put in the budget to allow the City to promote the area. June 21, 1993, Council Meeting Councilman Wood stated the budgeted amount would be used if travel was necessary to help promote the area, either by the elected officials or to bring interested parties to the area. Mr. Wood also stated the $25,000 would be used for brochures and promotional items. Any business that comes to Smyrna would become a tax paying entity and would enhance the economic viability of the City. Mrs. Brissey expressed concerns about the appearance of the City. Councilman Scoggins responded that the Public Works Department is working daily to improve the appearance of the City and asked Mrs. Brissey to be patient. Councilman Wood stated that the General Fund Budget is predicated on a millage rate of 11.57 mills which is the same as the 1993 fiscal year which will end on June 30, 1993. According to Mr. Wood the budget includes $549,530 in capital outlay, including $100,000 for drainage improvements, it also includes a new garbage truck, new vehicles for the Police Department and a number of other smaller capital items. Mr. Wood also stated the current property tax revenues are expected to increase only 1% over the previous year's budgeted amount, and stated the City has refunded approximately $200,000 due to appeals by residents to the Cobb County Tax Assessor's office. The budget includes insurance premium tax revenues that are expected to increase about $206,000, police fines are projected to increase 4%, interest income is expected to remain low in comparison to past years. The budget includes three new full-time positions and two part- time positions. Mr. Wood indicated the Water/Sewer Fund budget revenues are projected to increase by 5% due to increased water rates charged to the City by the Cobb Marietta Water Authority. Mr. Wood explained the Special Revenues Budget includes the 911 charges, DUl Task Force funds, and the 1% Sales Tax Program for road improvements. ...... Councilman Newcomb seconded the motion to approve the FY 1994 budget and stated this is a balanced budget and commended the City for its efforts. Councilman Hawkins stated the water/sewer rate increase is something the City has been notified by the Cobb Marietta Water Authority and the rates will continue to increase over the next ten years. .... Motion to approve the budget was approved 7-0. (B) Approval of Millage Rate Councilman Wood made a motion that the tentative millage rate for the City of Smyrna for 1994 be set at 11.57 mills, the same as for FY 1993. Councilman Newcomb seconded the motion. Motion was approved 7-0. (C) Variance Request - 2499 Glendale Circle - To Allow Two Accessory Structures on One Lot Mr. Thomson stated the Carnes have requested a variance which would allow them to have an above-the-ground pool on their property. The Carnes presented letters from their neighbors stating they had no objections to the pool. Mayor Bacon asked if anyone was present in opposition to the variance request. There was none. Councilman Jack Cramer stated he had met with Mr. and Mrs. Carnes and the variance is basically to allow them to have a 16' by 24' above the ground pool on their property. There is presently a storage building on their property and the request will allow them to have two accessory structures on their property. Councilman Cramer made a motion that variance be approved at 2499 Glendale Circle to allow two accessory structures on one lot. Councilman Hawkins seconded the motion. Motion was approved 7-0. ...", (D) Alcoholic Beverage License - Retail Beer and Wine - South Cobb Food Mart - 2691 South Cobb Drive. Mr. Thomson stated Ms. Vickie Spratlin will be the active agent as the manager of the South Cobb Food Mart. He also stated the former owner Union 76 had been June 21, 1993, Council Meeting operating at this location since 1975 and had discontinued selling beer and wine on January 1 of this year. The closing for the sale of this property is scheduled for June 24, 1993 to South Cobb Food Mart. Mayor Bacon recognized Mr. Harold Karp as being present to represent South Cobb Food Mart and asked if anyone was present in opposition to granting of this license request. There was none. Councilman Cramer stated Ms. Spratlin is going to be the manager of this location and asked her to step forward. .. Ms. Spratlin stated she will be the manager as soon as South Cobb Food Mart becomes the owner of this location and is applying as manager under the new Alcoholic Beverage License Ordinance. Councilman Cramer asked Ms. Spratlin if she had read and understood the new ordinance. Ms. Spratlin indicated yes. She also indicated her employees will be instructed to check picture identification before making sales to customers. Councilman Cramer made a motion to approve the alcoholic beverage license for retail beer and wine for South Cobb Food Mart - 2691 South Cobb Drive. Councilman Scoggins seconded the motion. Motion was approved 5-2 with Mr. Hawkins and Mr. Wood opposed. (E) Alcoholic Beverage License - Retail Pouring of Beer and Wine - Champs Bar-B-Que - 2300 South Cobb Drive. Mr. Thomson stated Mr. Martin W. Jeneff will be the active agent as the owner of Champs to sell beer and wine. He also stated Champs has been in the City of Smyrna since June, 1992. The police department investigation has been completed and has found nothing that would preclude the issuance of this license request. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was none. ... Councilman Cramer asked Mr. Jeneff to tell the Council about his business on South Cobb Drive. Mr. Jeneff stated he has a location on Concord Road for three years and has expanded to include a location on South Cobb Drive. Councilman Cramer asked Mr. Jeneff if he had a copy of the new Alcoholic Beverage Ordinance, if he had read it and understood it. Mr. Jeneff responded yes. Councilman Cramer made a motion that the alcoholic beverage license for retail pouring of beer and wine at Champs Bar-B-Que located at 2300 South Cobb Drive be approved. Motion was seconded by Councilman Lnenicka. Motion was approved 5-2 with Councilmen Hawkins and Wood opposed. (F) Variance Request - Erect Second Sign at Business Location - Presto Pizza - 871 Concord Road Mr. Thomson stated when Mike Savage developed the shopping center at the end of Lusk Drive, the site was part of the property purchased for K-Mart, Big Star and other business spaces. A variance was submitted by Mr. Savage requesting signage on Concord Road and South Cobb Drive, which was approved by Mayor and Council. The proposed location of Presto Pizza contains the sign which was approved for Concord Road. Mayor Bacon recognized Mr. Beadle who represents Presto Pizza and asked if anyone was present in opposition to the granting of this variance request. There was none. ... Councilman Hawkins asked Mr. Beadle to explain his request for the variance. Mr. Beadle stated the sign is requested in order to promote his business. Mr. Beadle explained the location for the Presto Pizza is adjacent to the Ace Hardware and he plans to spend a substantial amount of money improving the property. Plans include a nice building, parking lot, landscaping and stated the sign is critical for the survival of the business. The business will employ six full time and 20 part-time employees with an estimated total payroll of $125,000 and projected sales of over $500,000 the first year. Mr. Beadle explained the proposed sign for Presto Pizza will be separate from the signs used by K-Mart and the other tenants of the shopping center Mr. Savage developed. Mr. Beadle also indicated there will be a sign on the building as well. June 21, 1993, Council Meeting Councilman Lnenicka asked if Mr. Beadle would be willing to agree to a stipulation that no portable signs would be used in addition to the permanent sign. Mr. Beadle responded yes. Councilman Hawkins made a motion that the variance request to erect a second sign at the business location of Presto Pizza, 871 Concord Road, be approved with the stipulation that no portable signs can ever be leased at that location. Motion was seconded by Councilman Scoggins. Motion was approved 7-0. FORMAL BUSINESS: - There was none. COMMERCIAL BUILDING PERMITS: There was none. BID AWARDS: (A) Surplus Fire Trucks Councilman Hawkins stated at the June 7th Council meeting, bids were opened for two surplus fire trucks. The Maysville Volunteer Fire Department and Fouts Brothers were the only companies submitting bids. The Maysville Volunteer Fire Department was the high bidder on the 1971 Ford La France fire truck with a bid of $3,553; and Fouts Brothers was the high bidder on the 1975 Ford La France fire truck with a bid of $6,191. The Fire Committee recommends the bids be awarded to the high bidders for these two surplus trucks. Councilman Hawkins made a motion the bids be awarded to the Maysville Volunteer Fire Department for the 1971 model fire truck, and to Fouts Brothers for the 1975 model fire truck. Councilman Wood seconded the motion. Motion was approved 6-0-1 with Mr. Scoggins abstaining. CONSENT AGENDA: - (A) Approval of June 7, 1993 Minutes (B) Operating Procedures - Police Department (C) Fox Creek Agreement (D) Change 1st July Meeting to Tuesday, July 6, 1993 Mayor Bacon read the consent agenda and asked if there was a motion to approve the consent agenda. Councilman Lnenicka asked that Item C be separated from the Consent Agenda. Mayor Bacon then asked if there was a motion to approve Items A, B, and D of the Consent Agenda. Councilman Scoggins made a motion to approve items A, Band D of the Consent Agenda. Motion was seconded by Councilman Hawkins. Motion was approved 7-0. Councilman Hawkins made a motion to approve Item 7-C - Fox Creek Agreement - of the Consent Agenda. Councilman Cramer seconded the motion. Motion was approved 6-1 with Councilman Lnenicka opposed. COMMITTEE REPORTS: Councilman Patrick complimented Laurel Best on a recent article about Ms. Best and our Library. He then called on Laurel for a report on the Library. Ms. Best reported the Library is working on a Literary Discussion Group for the summer. Ms. Best indicated a professor from Kennesaw College will be leading the group which will meet four times during the summer. This summer's session will be on southern authors and urged anyone who is interested in participating in this program to call the Library. -- Councilman Patrick made an announcement that on July 14, residents of Ward 1 will be having a meeting in the Community Center to discuss items of interest to those residents. June 21, 1993, Council Meeting Councilman Newcomb called on Mary Ann White for a report on the Human Resources - Risk Management Department. Ms. White reported the Personnel Department will be conducting a Weight Watchers group meeting at 12:00 noon at the Library on Friday of each week and encouraged all who were interested in joining to please do so. The group has been meeting for seven weeks and has a total weight loss of 156 pounds. Councilman Newcomb stated the draft of Personnel Policies and Procedures should be finalized on Wednesday, June 23. ... Councilman Newcomb also stated the Community Development Department is reviewing proposals submitted for a hydrology study at Poplar Creek for a detention facility and should have a report at the next meeting. Councilman Cramer asked Ken Hildebrandt about the clean up of Vittles Restaurant on South Cobb Drive. Mr. Hildebrandt explained that the process is lengthy and is still in litigation with the insurance company. A date has been set for a hearing with the Hearings Officer. Councilman Lnenicka asked Mr. Hildebrandt to report on the situation on Atlanta Road just across from Creatwood Trail in the former location of David's Body Shop. Mr. Hildebrandt responded a permit has been issued for the rebuilding and that matter has also been tied up with the insurance company but reconstruction has begun. Councilman Scoggins asked Kathie Barton for an update on the Clean Cities Commission. Kathie announced that the Clean City Commission will have an information booth at the GMA Convention in Savannah next week for the conference with material about recycling. Councilman Scoggins called on Vic Broyles for a report from the Public Works Department. Mr. Broyles reported on the drainage projects recently completed in Smyrna and stated the chipper program schedules will be delivered to the residents prior to the start up of the program. .... Councilman Hawkins called on Chief Williams for a report from the Fire Department. Chief Williams reported that Cobb County had requested the City's assistance at the fire at the Georgia Power Plant recently. Councilman Cramer asked Steve Ciaccio for a report from the Parks and Recreation Department. Mr. Ciaccio announced several activities that are forthcoming at the Center. The 4th of July celebration will be on Sunday, July 4th, with a rain date of July 5th. Councilman Hawkins indicated he wanted to go on record that the Mayor and Council had nothing to do with the scheduling of the rock and roll band "The Flaming "A"'s that is slated to begin playing at 6:30 p.m. on Sunday night, July 4th. Mr. Ciaccio indicated he had met with Reverend Dutton, 2nd Baptist Church, who indicated he had no problem with the scheduled start time of the rock and roll band, and that the secretary for the First Baptist Church had indicated in a telephone conversation with him that the First Baptist Church also had no problem wi th the scheduling. Mr. Wood and Mr. Hawkins both requested Mr. Ciaccio to meet with both ministers again to be sure they understood the band would be playing rock and roll music. Councilman Cramer assured Mr. Hawkins that the Center would control the volume of the band and do everything in their control to not disrupt services at the churches. ... Mr. Cramer then read a letter of appreciation from the Children's Miracle Network Telethon to Susan Hunt and the staff of the Community Center for their work with the telethon and radiothon. Councilman Lnenicka commended Officer J. D. Stanfill for his efforts in working with the Cobb County Police Department Organized Crime Unit, Patrolman J. W. Keller for his assistance to a citizen whose home had recently been burglarized, and Officer Michael Sinclair who assisted a citizen with car trouble on Memorial Day. June 21, 1993, Council Meeting Councilman Wood called on Jim Triplett for a report from the Finance Department. Mr. Triplett expressed his appreciation to the department heads for their assistance in the budget process as well as members of the Finance Department and thanked the Mayor and Council for their guidance and direction during the budget process. With no further business, meeting adjourned at 9:10 p.m. 7 r ~t~3~ RON NEWCOMB, WARD 2 ... A. MAX BACON, MAYOR ~/;;2~ J H PATRICK, WARD 1 ~/,~~~ /BILL SCOGGINS, WARD 3 ~~,~ ~~~) L1~~~~~~ CHARLES PETE WOOD, WARD 7 ~, .... ...