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12-18-89 council minutes December 18, 1989 The regular scheduled meeting of Mayor and Council was held December 18, 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. Also present was City Administrator John Pa tterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Library Director Laurel Best, Parks and Recreation Director Sherry Reavis, Communications Director Steve Ciaccio, Engineer Mike Hutchinson, Major Kent Sims, Fire Chief Larry Williams, Public Works Director Vic Broyles, Police Chief Stan Hook, Personnel Director Jane Sargent, Community Relations Director Kathy Barton, Finance Director Emory McHugh and representatives of the press. Invocation was given by John Patterson, followed by the pledge to the flag. CITIZENS INPUT: Eddie Helman, Franklin Bost and George Boyd of the Cedar Cliffs Homeowners Association expressed their appreciation to the entire Mayor and Council for their efforts this past year with the downtown development and also presented a certificate to Wade Lnenicka in appreciation for his work and achievements on behalf of the City of Smyrna and citizens of Ward 2. Bob Arnold and Stan Sullivan presented a check Authority for $55,000, with $35,000 being for the Lake $20,000 for Spring Road resurfacing. from the Smyrna Housing Park Drive resurfacing and PUBLIC HEARINGS: (A) Annexation of property in Land Lot 491, Dixie Avenue and Hillside Drive Kathy Jordan made a motion the request by Robert C. Davis to annex .50 acres at Dixie Avenue and Hillside Drive be approved to become a part of Ward 6, the legal description being read and made a part of the minutes of the November 20, 1989 meeting. John Steely seconded the motion, which carried 7-0. (B) Variance - relocation of sign for Ruby Tuesday's, 3197 South Cobb Drive John Patterson said that Ruby Tuesdays has requested a variance to relocated their business sign from the north side of their property to the south side, to within two feet of the adjacent property line. City code requires a distance of 0 less than 12 feet from the nearest property line. They felt the relocation would give better visibility to traffic on Concord Road and would also give customers sufficient reaction time to make a lane change before entering from the South Cobb Drive side. There was no opposition. Al ton Abernathy with Acken Signs and Len Moore, General Manager 0 f Ruby Tuesday's were present and stated the existing sign would be relocated and it would meet all other requirements. The variance signs were posted on the property and they had received no inquiries. Following discussion, Jim Hawkins made a motion the variance be approved to relocate the sign to the south side of their property to within 2 feet of the adjacent owners property line. John Steely seconded the motion, which carried 7- o. (C) Variance - reduce side yard setback at 3320 South Cobb Drive John Patterson stated that Mr. C. R. Shah of A-l Self Storage is requesting this variance to reduce the side setback from 20 feet to 0 feet to allow him to convert the existing car wash to an office warehouse by enclosing the structure and adding approximately a 100 x 16 foot addition. The car wash structure has a zero foot setback along Radcliff Road, which is not a dedicated street. Mr. Shah notified the adjacent affected property owners of the variance request by certified mail. There was no opposition. Mr. Shah presented pictures of his existing car wash with a rendering of the building, as it would look when completed. Mr. Shah said it would be a part of the mini warehouse complex and would be no closer to the street than it is currently. The new building will be comparable to the offices adj acent to him that are owned by Mr. Dickson. Mr. Shah said he had notified the Dickson's by certified mail but had received no response from them. After further discussion, Jim Hawkins made a motion the variance be approved as requested. Wade Lnenicka seconded the motion, which carried 7-0. (D) Zoning - 3016 Atlanta Road from Future Commercial to Limited Commercial John Patterson said that Mr. Sham Kapur is requesting the rezoning of this property at the northwest intersection of Quarles Avenue and Atlanta Road to be leased to a beauty shop. There has been an engineering firm at this address in the past and a business is currently operating at this location. The change in zoning will not require any variances. Mr. Kapur and Mr. Joe Williams were sworn in by Chuck Camp. Mr. Kapur said he had a tenant in the house who is operating a beauty shop and he had assumed the property was properly zoned but realized it was not when his tenant applied for a business license. Mr. Kapur said he had been renting to businesses for a number of years, to an antique shop and engineering firm. Wade Lnenicka said the Planning and Zoning Board had recommended approval with several stipulations; 1) that a 10 foot undisturbed buffer be maintained; 2) that there not be any high beam lights used at the rear of the property and 3) the Engineering Department recommended that no curb cuts be allowed on Atlanta Road. Mr. Kapur said he would agree to those stipulations and would install and maintain a 6-foot hedge type buffer on the rear line. The entrance is presently from the Quarles Avenue side and they would not request a curb cut from Atlanta Road. Mr. Lnenicka said when they met with the neighbors there was also some discussion as to whether or not the parking area should be paved or unpaved, for a more rustic look. The Engineering Department has recommended paved parking and Jack Shinall reminded Mr. Kapur that the paved parking is an ordinance requirement that must be met as a condition to zoning. A minimum of 8 spaces would be required, which is determined by the building size. Mr. Lnenicka said the Engineering Department has also recommended that curbing be installed only where necessary to control water runoff and reminded Mr. Kapur that only this building will be allowed on the property. Any other structures must be approved by council. Mr. Lnenicka said the Engineering Department has also recommended that the entrance from Quarles Avenue be configured so that customers will have access only to Atlanta Road. Mr. Kapur said he had no objections to that but thought it would be difficult to control and he did not expect the traffic to be sufficient to create any problems. Jim Hawkins reminded Mr. Kapur that his property on the adj acent corner of Quarles and Atlanta Road was being operated as a business and also zoned Future Commercial. Paved parking must also be provided on this property as well. Mr. Kapur said he had received a letter from a clerk in the business license section several years ago certifying that the property was suitable for use as an antique shop but understood now that the property should be rezoned. Mr. Lnenicka said that since these businesses have been operating for some period of time, they had been granted a temporary business permit and asked Mr. Camp if there was some period of time that should be given to Mr. Kapur to complete the requirements placed on the zoning. Mr. Camp said he could do tha t, but it would be hard to determine what a reasonable length of time would be and if it were not completed wi thin the time allowed, they would be in violation. John Patterson said with the winter season, he felt 6 months would be a reasonable time to complete the paving and other requirements. Mr. Joe Williams said he was concerned about the property and buffer being kept clean because he owns property on the backside of this. Mr. Williams said he would like to have a stipulation that the property be properly maintained. Also he was concerned about the paving of the parking area, which could potentially cause a water runoff problem onto his property because of the slope. After further discussion, Wade Lnenicka thanked Nancy Konigsmark for hosting a neighborhood meeting at her home to discuss the concerns of residents in the area. They have no obj ections to a beauty shop at this location and the concerns they raised have been addressed. Mr. Lnenicka made a motion the property be rezoned from Future Commercial to Limited Commercial with the following stipulations: 1) That a 6 foot minimum height opaque natural buffer be planted and maintained at the rear of the property line 2) No high beam security or street lights be used at night at the rear of the property 3 ) 4 ) 5 ) 6) from No curb cuts allowed on the Atlanta Road side Paved parking be provided, limited to a maximum of 8 spaces Curbing be installed only where required to control water runoff Curb cut on Quarles Avenue must be configured so that only traffic and to Atlanta Road can enter the parking area Jim Hawkins seconded the motion, which carried 7-0. FORMAL BUSINESS: (A) Resolution to preserve tax-exempt bonds for State and Local governments John Patterson said that tax-exempt bonds are an effective, cost effective means for State and Local governments to raise funds for various proj ects and programs and over the last several years there has been much discussion about eliminating the tax-exempt status of these bonds. This resolution is to urge the continuance of the tax-exempt bonds and will be sent to our Congressional delegation asking for their support. Jim Hawkins said the Resolution would be on file in the City Clerk's office and made a motion it be approved as submitted. Wade Lnenicka seconded the motion, which carried 7-0. (B) Bid opening - utility body for one-ton truck Bids for the utility body for a one-ton truck were opened, read and recorded as follows: Fouts Brothers $3,346 $3,118 Holmes H108 Morrison M1080 Ingram Truck Body $3,127 125 base price freight Truck Transport $4,876 Jim Hawkins made a motion the the low bid or return to Lnenicka seconded the motion, bids be turned over to the Finance Committee to either award full council with a recommendation for purchase. Wade which carried 7-0. (C) Set date to hear appeal of Recorders Court Bill Scoggins Steinmacher be carried 7-0. made a motion the Recorders Court appeal date for set for January 2, 1990. John Steely seconded the motion, Malia which (D) Approval of speed zone ordinance John Patterson said that in July of this year, a new speed zone ordinance was submitted to the State for their approval. Of primary concern was the addition of Windy Hill Road now that construction is completed and it has been entirely annexed into the City. The State Department of Transportation approved the ordinance with several changes to the speed limits being recommended in some of the residential areas. John Steely made a motion the speed zone ordinance be approved as submitted, seconded by Bob Davis. After discussion, Jack Shinall made a motion the ordinance be amended by deleting Floyd Drive to allow it to remain at 25 MPH. John Steely seconded the amendment. Vote on the amendment and main motion carried 7-0. BID AWARDS: (A) Ballfield lighting at Rose Garden Park Bill Scoggins made a motion the lots bid of $18,560 from Wiley & Wiley be accepted for the ballfield lighting at Rose Garden Park. John Steely seconded the motion, which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) P.L.L. Associates requested a building permit for construction of a used car sales office for Chuck Clancy Ford at 2787 South Cobb Drive at a total estimated cost of $25,000. Jack Shinall made a motion the permit be approved. Wade Lnenicka seconded the motion, which carried 7-0. CONSENT AGENDA: (A) Change date of first meeting in January to January 2, 1990 (B) Acquisition of Raymond A. Moon sewer line Kathy Jordan made a motion the consent agenda be approved. Wade Lnenicka seconded the motion, which carried 7-0. SHOW CAUSE HEARING - TENNECO, 1166 CONCORD ROAD Smyrna Police Captain Ted Kirby was sworn in along with Ernest Park, District Manager for Tenneco. License holder Robert Cyrus Walburn was present but Mr. Park said he would represent Tenneco and would speak for him tonight. Captain Kirby said that on the evening of November 30, 1989 during their sting operation, their 20-year-old male buyer purchased a 6 pack of Budweiser light bee r from a c 1 e r kat the Tenneco at 1166 Concord Road. The clerk, Henry Ofundoye, checked the identification but still made the sale after making some comment about him being over 18 and a legal age to buy. Mr. Park said he was the District Manager for Tenneco in charge of operations for all stores and apologized for having to appear for the third time. There are three Tennecos in the City and they have all been cited in spite of their efforts to properly train their clerks. Mr. Park said they conduct their own sting operations and when an employee fails to card someone, they are written up and given additional training on the first incident with future incidents leading to dismissal. In this case the employee admitted making the sale after asking for the license and believing the young man to be of legal age. After further discussion, Jim Hawkins made a motion the license for this location be suspended for 30 days effective at 12:01 midnight. Bob Davis seconded the motion, which carried 7-0. COUNCIL INPUT: Wade Lnenicka expressed his appreciation to the Cedar Cliff Homeowners for the recognition tonight. Mr. Lnenicka said he had now served 2 years on council and was very pleased with the way this council has chosen to work together and with the long- range goals they have established. Jim Hawkins asked that Vic Broyles conduct a study to determine the cost and feasibility for a left turn signal on Concord Road at King street. Jack Shinall stated he has asked John Patterson to draft an amendment to the zoning ordinance, which would require advertisement, and public hearing notices for the Planning and Zoning Board meetings. As it stands now, only the developer has the opportunity to present his ideas to the Board and the public should also be able to provide input. John Steely said he would also like a study done for a turn signal on Concord December 18, 1989 meeting - continued Road at Old Concord because this is a heavily traveled road and a high-risk area. John Steely welcomed Chief Hook to Smyrna and his first council meeting and also expressed his appreciation to Kent Sims for serving as interim Chief. With no further business, meeting adjourned at 8:46 p.m. ~~~ ME~,INfA DAME. tAJdJ' WADE_LNENICKA, - RESOLUTION PRESERVE TAX-EXEMPT BONDS FOR STATE AND LOCAL GOVERNMENTS federal, state and local governments all share in responsibility of building and maintaining nation's physical and institutional infrastructure in providing essential services needed to promote general welfare, and WHEREAS: The federal government has steadily reduced its responsibility for infrastructure requirements, and has shifted more and more financial responsibility to states and units of local government, and WHEREAS: The the the and the WHEREAS: shifting the tax burden from the national level to state and local governments is an illusory savings for taxpayers and provides no net tax relief, and WHEREAS: Fi nanci ng state and local government the issuance of bonds the interest taxed 'by the federal government allow states and local governments responsibilities entrusted to and and projects ~hrough on which lS not is critical to to exerci se the expected of them, recent years, the U. S. Congress has both limited the use of tax-exempt bonds by states and local governments, and made municipal bonds less attractive to significant groups of purchasers, thereby driving up the cost of financing public service projects, and 1988 the U. S. Supreme Court overturned a 100year-old preced.ent, ruling for-the first time that the Constltution does not prohibit the federal government from taxing the interest on state and local government bonds, and Supreme Court deci si on pl aces in jeopardy the use of tax-exempt bonds by the more than 85,000 units of state and local government, as Congress seeks new sources of revenue to reduce the federal deficit, and WHEREAS: State and local borrowing costs will increase by an estimated 20 to 30 percent if the interest on tax- exempt bonds is subject to federal income tax, and this added burden will be reflected in reductions in publ i c servi ces or by i nc reased state and local taxes, and WHEREAS: In WHEREAS: In WHEREAS: The WHEREAS: Further restrictions on thee use of tax-exempt bonds will seriously impair the ability of state and local governments to finance essential services and facilities, including schools, roads, water, sewer, gas, electricity, transportation and other basic functions, to the detriment of all citizens, THEREFORE: That the Mayor and city Council of Smyrna calls upon Congress and the President to recognize that the state and local burden of malntaining and expanding the national infrastructure and providing citizens with needed basic governmental services cannot be met without. tax-exempt bonds, and to resist all further efforts to reduce the use of such bonds to finance governmental projects. Bob Davis, Ward 1 Wade en c Ward 2 This, the 18th day of December 1989. A. Max Bacon, Mayor gf~G~ ~A..I'I/ ,..":"Jack Shinall, Ward 5 . _. 'Bill Scoggins, Wa ~ ~Q~^ hn eely, Ward 7 '-