10-2-89 council minutes
October 2, 1989
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on
October 2, 1989 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 except for Jack Shinall who was absent due to a death in
the family. Also present was City Attorney Charles E. Camp, City
Administrator John Patterson, City Clerk Melinda Dameron, City Engineer Mike
Hutchinson, Finance Director Emory McHugh, Parks and Recreation Director
Sherry Reavis, Library Director Laurel Best, Community Relations Director
Kathy Barton, Communications Director Steve Ciaccio, Brenda Barrett
representing Public Works, Personnel Director Jane Sargent, Fire Chief Larry
Williams, Acting Police Chief Major Kent Sims and representatives of the
press.
Invocation was given by Jim Lewis, pastor of Locust Grove Baptist Church
followed by the pledge to the flag.
CITIZENS INPUT: Sue Brissey presented the Jonquility Award plaque to Jay Cox from Boy
Scout Troop 573. Jay and other members from his troop donated 263 hours of
their time cleaning the new Smyrna Cemetery on Hawthorne Street to earn their
Eagle Scout badge.
Dawn Tufts, owner of Dixie Galleries Antiques, John Butler, owner of Lad 'n
Lassie Day Care Center, Richard Pecha of 2667 Brown Circle, Mike Moskovoy of 919
Stephens Street, Claudia & John Falk, owners of 1240 and 1236 Sunset
Avenue and Robert Aiola, owner of Corner Cottage Antiques at 2756 Atlanta
Street voiced their opposition to the proposed resolution on the agenda
tonight approving the acquisition of property needed for development of a new
Community Center and Library, through condemnation if necessary.
Mayor Bacon said approving the resolution tonight is not something that
council looked forward to, nor did they want to have to condemn anyone's
property. It has been discussed at length but the deadlines established for
the beginning of construction have already passed and they could not afford
further delays. Mayor Bacon said the City had been led to believe all along
that the owners in this area were willing to negotiate for the sale of their
property.
Presentation: Bill Scoggins presented a crystal jonquil to Maurice
outgoing member of the Parks and Recreation Commission representing
with his appreciation for 4 years service to the community.
Blount,
Ward 3,
PUBLIC HEARINGS:
(A) Variance request - lot width at 3176 Dunn Street.
John Patterson stated that Sid Manning is requesting a variance to reduce the
minimum front lot width at his home to zero. In 1969, he built a house for
his parents behind his home and he would like to now sell the front home and
retain ownership of the home on the back for the residence of his mother, by
subdividing the lot. Letters were presented from adjacent owners stating they had
no objections and there was no opposition from the audience.
Mr. Manning said he would like to subdivide the lot to retain ownership of
the house and property on the backside. It is a large lot containing 34,000
square feet of land and after being divided, each lot will still contain the
minimum square footage required by city code. Ingress to and from the back
house will be provided by way of an 8-foot drive easement along the south
property line. A 10-foot utility easement along the north property line of
the front lot will also serve the rear lot.
Jim Hawkins made a motion the variance be granted. Bill Scoggins seconded the
motion, which carried 6-0.
(B) Variance request - reduce side yard setback at 590 Wooddale Drive
John Patterson stated that Leon Faulkner is requesting a variance to reduce
the side yard setback from 10 to 5 feet at his home to allow construction of a
carport for his motor home. A letter was provided from the adj acent
property owners giving their approval and there was no opposition.
Mr. Faulkner said the carport is needed to protect his motor home from the
elements. It will not be an enclosed structure, just a roof type shelter with
shingles matching the house. Mr. Faulkner said the motor home is now parked
October 2, 1989 meeting - continued
Casey Claven stated she was a homeowner and resident of Roswell street and had
been for over 10 years and was opposed to the rezoning from Limited
Commercial to General Commercial. Ms. Claven said the laundry would be
inappropriate and out of character for the neighborhood. A petition was
presented to residents in the neighborhood opposing the zoning, which was
signed by 75 people. She asked that the zoning be denied by council to
protect the interest of all the homeowners and residents in the area who are
represented by the petition.
Bill Scoggins said this has been a very controversial zoning and it had
divided people from both sides. Mr. Scoggins said he did not think the safety for
the neighborhood had been properly addressed and through his own
investigation had learned that there is an odor that comes from some of these plants and felt
it would be an undue intrusion on the neighborhood. For those reasons, Bill
Scoggins made a motion the zoning at 1559 Roswell Street from LC to GC be
denied. Bob Davis seconded the motion. Wade Lnenicka said the ordinance
allows 9 specific reasons in Section 1508 to either accept or rej ect an
application for rezoning and he felt a number of those were pertinent to
this situation because 1) he did not feel this use is in conformance with
the neighborhood; 2) this zoning will affect the existing usability of adjacent
or nearby property; 3) applicants have not presented any information as to
whether or not the property as zoned now is or is not economically suitable and
he would have to presume that it is; 6) earlier tonight there was a lot of
talk about preserving old Smyrna and that is a part of it because what
happens to neighboring property is negatively affected by this proposed use;
7) contiguous to the application to rezoning is an application for two
variances to allow a larger building than would normally be allowed on the lot and
the use and size of the building will have a negative affect; 8) the proposed use may
create a nuisance or is incompatible with the existing uses in the area; and
9) the proposed use would affect the adj oining property, general neighborhood
and other uses in the area negatively.
After further discussion, vote on the motion to deny carried 6-0.
(D) Variance request - reduce lot width and side yard setback for new
construction at 1559 Roswell Street.
No action was taken on the two variances following the zoning denial at this
address.
(E) Variance request to allow use of Day Care Center in Office/Distribution zoning
category at 500 Technology Court.
John Patterson said that
variance to allow operation
which is, zoned OD. There was
Wilson Development Company is
of a day care facility at 500
no opposition.
requesting this
Technology Court,
George Biggs represented Wilson Development and stated that 6,000 square feet 0 f
office would be leased to Youth Land Academy to provide child care services
for employees of the industrial park, as well as others.
John Steely made a motion the variance be approved as requested. Kathy Jordan
seconded the motion which carried 6-0.
(F) Variance request - reduce side yard setback at 3100 Wills Street.
John Patterson said that Ms. Elma Gilleland is requesting a reduction in the side
yard setback from 10 to 7 feet for an attached carport at her home. There was
no opposition from the audience and Ms. Gilleland had also provided a letter from
the adjoining property owner stating they had no objections to the variance.
Ms. Gilleland she answered a mail advertisement for remodeling and when she
received an estimate for the work, was told by the contractor that a building permit was not
needed. Ms. Gilleland said the workmanship was defective and she had already
lost $1200 on the remodeling work. With little discussion, Wade Lnenicka made a
motion the variance be approved. Bob Davis seconded the motion, which carried 6-0.
FORMAL BUSINESS:
(A) Revisions to ordinance - Sections 1-8, 3-58, 3-63, 3-65, 8-1, 8-5, 8-6, 8-
7, 8-8, 8-9, 15-1 to 15-40, 21-6 and 23-27.
John Patterson said recent modifications to the State code required the re-writing
of several sections of our city code.
John Steely said this is a lengthy document and made a motion that Sections 1-8,
3-58, 3-63, 3-65, 8-1, 8-5, 8-6, 8-7, 8-8, 8-9, 15-1 through 15-40, 21-6 and 23-27 be
deleted in their entirety and replaced wi th the revised sections, along
with the revised Recorders Court Bond Schedule associated with the revisions, on
file in the office of the City Clerk. Jim Hawkins made a motion, which carried 6-0.
(B) Resolution - Civil Service Board appointment
John Patterson said the City Charter states that any member of the Board may be
removed by resolution for missing two consecutive meetings. This matter is being
brought to council tonight because one of the Board members has missed several
consecutive meetings.
Mayor Bacon said a hearing was held on September 25, 1989 to consider the
appointment made by the other two Board members, currently held by John
Davis. Mr. Davis explained that he had been out of town on a job assignment,
causing him to miss 13 consecutive meetings and a total of 23 meetings this
year. He did notify the other Board members of his assignment and thought
that was all he needed to do. If council approves the resolution, the
appointment by Mr. Davis will be terminated and if not, his term will
continue. Mayor Bacon read the resolution calling for the termination of John
Davis's appointment and the election of a new member by the other two members of
the Board as provided in the Charter.
John Steely said he knew Mr. Davis had missed a lot of meetings but he had
talked to the Civil Service Board and had been assured by the other members that
his absences had not delayed the process for hiring a new Police Chief. John
Steely said it was hard to find people who enjoyed serving in appointed positions as
much as John Davis and he has done a good job.
Jim Hawkins also said he had also been told by the other Board members that his
absence had not hindered them because he has been here for the vast
majority of meetings involving testing and interviewing candidates. He did meet
with the other Board members to notify them of his job assignment and was told
it would not be necessary for him to resign and they would work with him in any
way they could. Mr. Hawkins said the Civil Service Board felt highly of John
Davis and thought it would be presumptuous of this council to take him off.
Bob Davis also spoke on behalf of John
several months of his job assignment but
the other Board members did not think
attention of the Mayor and Council.
After further discussion, adoption of
motion.
(C) Bid openings
Bids for computer equipment
recorded as follows:
Davis and said he had notified him
since he is the member appointed by
it was necessary to bring to the
the resolution died for lack of a
for the Fire Department were opened, read and
Tandy Corporation
CBM Computer Center
DP Enterprises
National AI Lab
Net-Tech, Inc.
Egghead Discount Software
$13,284.96
$12,901.00
$12,741.00
$ 9,231.00
$10,456.45
$ 199.00 each/Modem & Software only
Kathy Jordan made a motion the bids be turned over to the Fire Committee for their
recommenda tion back to full council at the next meeting. John Steely seconded
the motion, which carried 6-0.
Bids for Fire Department uniforms were opened, read and recorded as follows:
SPECIFICATION "A":
Short Sleeve Initial
Long Sleeve Initial
Short Replacement
Long Replacement
Pants Initial Order
Pants replacement
Patch sew on
Delivery
Workrite
61.92
76.05
61.92
76.05
55.62
55.62
.45
8/10 wk
SPECIFICATION "B":
T&T
Martins Service Uniform
Banner Uniform
Unitog
Alt.
50.85
56.34
50.85
56.34
55.62
55.62
NC
2 wk
Unitog
37.00
46.00
37.00
46.00
no bid
no bid
NA
Banner
44.00
48.00
44.00
48.00
68.00
68.00
NC
30/90 day
T&T
48.95
57.00
54.00
64.00
72.00
81.00
NC
45 day
$8,566 total
$8,304 total (bid on all but 2 items)
no bid
did not bid on all items
Kathy Jordan made a
recommenda tion back
carried 6-0.
motion the bids be turned over to the Fire Committee for their
to full council. John Steely seconded the motion, which
(D) Amendments to FY89 budget
John Patterson said the
additional expenditures
surveillance camera equipment
FY89 budget needs to be amended to
related to capital leases of new
in the Police Department.
account for
fire trucks
the
and
Jim Hawkins made a motion the amendment be approved. Bill Scoggins seconded the
motion, which carried 6-0.
(E) Amendments to FY90 budget
John Patterson stated
salaries for Planning
budget was approved.
the
and
FY90 budget
Zoning Board
must be amended
members that were
to add $5,760
omi t ted when
in
the
Jim Hawkins made a motion the amendment be approved John Steely seconded the
motion which carried 6-0.
(F) Resolution - acquisition of property
Jim Hawkins read the resolution (copy to be made a part of these minutes) to
allow the City to acquire property wi thin the boundaries of the Master Plan
prepared for construction of a community center and public library, through
condemnation if necessary, and made a motion it be adopted. Bill Scoggins
seconded the motion.
Jim Hawkins said the City is trying to bring new economic development into the
downtown Smyrna area and felt if we did not take some action, there would not be a City of
Smyrna to enj oy in years to come. We have tried to be fair, not only to the
property owners specified in the resolution, but to all the people in Smyrna to
provide a place that we can all be proud of. Smyrna is only 2 miles from the
area known as the "platinum triangle" which is one of the finest commercial
areas in the southeastern United States, and yet there is very little economic
growth here and we seem to be stagnated. Mr. Hawkins said he felt strongly that
the community center and library should be in the downtown area and not on other
tracts already owned by the City, as has been suggested by some because it will
attract other development. Mr. Hawkins said he did not like the idea of
condemna tion but the action tonight will be in the best interest of all the
citizens of Smyrna.
Vote on the motion to adopt the resolution carried 6-0.
Mayor Bacon read the following statement regarding the resolution:
"After extensive research and recommendation by several urban planning
groups, we have decided to move forward on developing a central downtown area for
Smyrna. We have been involved in informal negotiations with a group of citizens
over the past 9 months, working with appraisers and the property owners
involved to reach an agreement about this important step for the city. We want to
work with these citizens who have shown faith in downtown Smyrna by living and
working here. In addition to the City purchasing the properties, we will
individually strive to accommodate special requests to preserve the City's
identity and ensure economic growth we have chosen to move forward on this project.
Smyrna residents and business people deserve a sense of community and improved
quality of life. We are certainly committed to the heritage of Smyrna and
because of this we want to create a new pride in our city before we become
swallowed in urban expansion in the metropolitan area."
(G) Ordinance amendment - Section 11-3
John Patterson said recently
council for approval to work
allow work on Saturdays with certain
we have had a number of contractors come to
on Saturdays. This ordinance amendment will
limitations on the hours.
Bob Davis said the Community Development had recommended Saturday work hours from
10:00 a.m. to 6:00 p.m. and made a motion Section 11-3 (8) be deleted in its entirety and
replaced with a new section to allow construction work on Saturdays from 10:00
a.m. to 6:00 p.m. John Steely seconded the motion which
carried 6-0.
(H) Appointment to Planning & Zoning Board - Ward 7
John Steely made a motion that John Hicks be appointed to the Planning &
Zoning representing Ward 7. Bill Scoggins seconded the motion, which carried 6-
o.
(I) Appointment to Housing Authority - Ward 7
John Steely made a motion that J. L. "Jim" Brooks be appointed to the Housing Authority
representing Ward 7. Kathy Jordan seconded the motion which carried 5-0. Bill
Scoggins was out of the council chambers when the vote was taken.
(J) Amendment to Alcoholic beverage ordinance - Section 3-53
John Patterson said several months ago several businesses lost their beer and wine
licenses for selling to a minor in a countywide sting operation. The Mayor
suspended their license immediately and at the show cause hearing, council
increased the suspension for a period of time. The suspension was appealed to
the courts and it was then brought to the City's attention that our ordinance must
be revised to allow for any further suspension at the show c au s e he a r i n g sin c e the
current ordinance only allows reinstatement or permanent revocation. The revision
will give council the ability to suspend a license for whatever time they feel is appropriate,
up to 6 months.
Jim Hawkins made a motion that Section 3-53 of the code
deleted in its entirety and replaced with the new section,
City Clerk's office. Wade Lnenicka seconded the motion, which carried 6-0.
of ordinance be
on file in the
BID AWARDS:
(A) 3COM file server for Police Department.
John Steely made a motion the bid
Tandy Corporation, the low bidder
motion which carried 6-0.
for the 3COM file
at $9,520.75. Kathy
server be awarded to
Jordan seconded the
COMMERCIAL BUILDING PERMITS: Nothing to report.
CONSENT AGENDA:
(A) Approval to request bids - pickup truck for Utility Services Department
(B) Approval to request bids - computer equipment, Communications Department
(C) Resolution approving ICMA retirement plan
(D) Approval of minutes: 9/5/89, 9/18/89, 9/25/89
(E) Approval of lease - jet vac machine and garbage truck
Jim Hawkins stated that item (C), the resolution approving the ICMA retirement
plan would apply only to the City Administrator. Wade Lnenicka made a motion
that items A, B, C and E on the consent agenda be approved. Kathy Jordan
seconded the motion which carried 6-0.
Wade Lnenicka made a motion the minutes from September 5, 18 and 25 be
approved as submitted. Bill Scoggins seconded the motion, which carried 5-0,
with Bob Davis abstaining.
APPEAL OF RECORDERS COURT - ALICE J. RODEN: Mayor Bacon said the appeal by Alice J.
Roden was disposed of earlier tonight, and all witnesses had been dismissed.
COUNCIL INPUT: Wade Lnenicka reported that the new traffic light at Ridge Road
and Atlanta Road is in the process of being installed.
Mr. Lnenicka read a list of items needed and drop off locations for families in
the Carolinas that were left homeless after Hurricane Hugo.
Sherry Reavis reported on Parks activities.
Bill Scoggins said for the last year, council has agreed to do what they felt would be the
right thing for property owners in the Sunset Avenue area and some of the things
that did not come out tonight were the things the City has done to show compassion to
them. Mr. Scoggins said he is committed to the development of the community center
and library.
Jim Hawkins said the Clean City Committee had done a magnificent job in
refurbishing and cleaning up the old sanitation office on Smyrna Hill Drive and
converting into a Recycling Education Center. An open house will be held this
Saturday from 8:00 a.m. to 4:00 p.m.
Kathy Jordan said she has received complaints about speeding on Windy Hill Road
and asked Major Sims for additional patrol.
Kathy Jordan reported that October 8-14 is National Fire Prevention Week and our
department has a lot of planned activities including a Fireman's BaIlon Friday,
October 13th.
John Steely stated that curbing on
completed because of the rain and asked
allow them to complete the project.
North Cooper Lake Road has not been
everyone to be patient until weather could
Mayor Bacon extended his sympathy to Jack Shinall and his family on the loss of
his brother.
Mayor Bacon closed the meeting by restating that council did something
tonight that he did not enjoy doing, and that was to start the process for the
condemnation or purchase of properties. Mayor Bacon said he loves the City
very much and the community he grew up in, which is part of the Sunset Avenue
and Powder Springs area because his childhood days were spent here. The City has
gotten old, and to the point where we need to do something about it. Mayor Bacon said he
commended council for taking the giant step in committing to re-build the
downtown area and he is still excited and enthusiastic about it. Mayor Bacon
said he would not be intimidated by this move because his goal is to be fair to
the public and the businesses because they are committed to doing what is right.
We have taken care of the people whose property we have already purchased and
have relocated them. Hopefully, this matter can be settled without condemnation,
but the City must meet its commitment.
With no further business, meeting adjourned at 11:02 p.m.
BACON, MAYOR