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.
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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.
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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
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RON NEWCOMB, WARD 2
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A. MAX BACON, MAYOR
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J H PATRICK, WARD 1
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/BILL SCOGGINS, WARD 3
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CHARLES PETE WOOD, WARD 7 ~,
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