10-02-1989 Regular MeetingOctober 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 Cemetary 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 something that council
did not look 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 Blount,
outgoing member of the Parks and Recreation Commission representing Ward 3,
with his appreciation for 4 years service to the community.
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 back side. 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 adjacent
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
on the driveway but his wife is disabled and it is difficult for her to get
around it.
Kathy Jordan made a motion the variance be approved as requested. Jim Hawkins
seconded the motion which carried 6-0.
(C) Rezoning request - .64 acres at 1559 Roswell Street from Limited
Commercial to General Commercial.
John Patterson said that Mrs. Barbara Davis, owner of property at 1559
Roswell Street is requesting this zoning for Mr. Don Rosvold as a condition
of purchase to allow construction of a dry cleaners. This lot is surrounded
on the north by residential, Future Commercial to the east, RM12 apartments
to the south and Neighborhood Shopping to the west. The Planning and Zoning
approved the request and it has been properly advertised. There was a large
group in opposition. Edwin Davis and Mr. Rosvold were sworn in along with 3
others in opposition.
Mr. Rosvold said he presently owns a dry cleaners called Rosie's Dry Cleaners
on South Cobb Drive. Their business caters to insurance companies and
insurance adjusters with 85 to 90% of their business coming from fire damage
repairs. They use no other chemicals or do anything differently than other
laundries in neighborhood shopping centers; the biggest difference is they
are asking for more square footage.
Mr. Davis said he owns property at 1559 and 1577 Roswell Street which are the
lots on either side of Dobbins Feed Store. There has been quite a bit of
confusion about the development and Mr. Davis said the original site plan
submitted has now been revised from 8500 to 3500 square feet. The building
will have a brick or rock front and all trees on the lot will remain. There
are also a few other minor changes that do not appear in the packages that
were given to council previously because of the confusion that came from the
correct zoning of Dobbins Seed Store, shown as Neighborhood Shopping on the
zoning map but recorded in the minutes from 1976 as being zoned General
Commercial.
Mr. Davis said the only vehicular activity from this property should be one
van which picks up and delivers the water and smoke damaged items, with the
dry cleaning supplies being delivered by a 24 foot truck once each week. This
business has been approved by OSHA and the chemical used in the cleaning
process is completely self contained in the equipment. They canvassed their
neighborhood with a petition to properly inform the people of their
intentions. There were 51 signatures, with no objections to the rezoning but
later, two names asked to be deleted. Mr. Davis said there are several
different zoning classifications in the area of this property and failure to
approve the zoning would be a denial of due process for the use of this
property.
Matt Merritt also spoke for Mr. Rosvold and said he supplied Mike Hutchinson
and his assistant with information about the chemical used in their cleaning.
The Fire Marshal also read the material and said it was absolutely safe.
Jeff Dobbins from Dobbins Feed & Seed Store spoke in opposition to the
rezoning and said that when they requested rezoning to General Commercial in
1976 they were told it was not appropriate for the area and a zoning was
granted for Neighborhood Shopping. Mr. Dobbins said the minutes from June
1976 were not correct because they stated approval was given for General
Commercial on his property. Mr. Dobbins said they would not be opposed to any
development that would fall in the Limited Commercial category but did not
think a dry cleaning business was compatible with the surrounding
neighborhood.
Mr. Joe Price said that several weeks ago council granted him a variance to
add on to his house just west of this site and objected to the encroachment a
business activity of this nature. Mr. Price also said he had no objections to
a limited commercial development but they felt this area was essentially
residential and they would like it to remain that way.
Deborah Sue Gelkin represented the owners of Lexington Apartments and read a
letter from the managing general partner in opposition of the development
which they felt would be detrimental to the residents and would cause a
negative and irreversible impact on the neighborhood.
October 2. 1989 meetina - 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
reject 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 adjoining 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 Wilson Development Company is requesting this
variance to allow operation of a day care facility at 500 Technology Court
which is zoned OD. There was no opposition.
George Biggs represented Wilson Development and stated that 6,000 square feet
of 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:
October 2, 1989 meeting - continued
(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 with 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 Davis and said he had notified him
several months of his job assignment but since he is the member appointed by
the other Board members did not think it was necessary to bring to the
attention of the Mayor and Council.
After further discussion, adoption of the resolution died for lack of a
motion.
(C) Bid openings
Bids for computer equipment for the Fire Department were opened, read and
recorded as follows:
Tandy Corporation $13,284.96
CBM Computer Center $12,901.00
DP Enterprises $12,741.00
National AI Lab $ 9,231.00
Net -Tech, Inc. $10,456.45
Egghead Discount Software $ 199.00 each/Modem & Software only
Kathy Jordan made a motion the bids be turned over to the Fire Committee for
their recommendation 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:
October 2, 1989 meeting - continued
SPECIFICATION "A":
Workrite
Alt.
Banner
T&T
Unitog
Short Sleeve Initial
61.92
50.85
44.00
48.95
37.00
Long Sleeve Initial
76.05
56.34
48.00
57.00
46.00
Short Replacement
61.92
50.85
44.00
54.00
37.00
Long Replacement
76.05
56.34
48.00
64.00
46.00
Pants Initial Order
55.62
55.62
68.00
72.00
no bid
Pants replacement
55.62
55.62
68.00
81.00
no bid
Patch sew on
.45
NC
NC
NC
NA
Delivery
8/10 wk
2 wk
30/90 day
45 day
SPECIFICATION "B":
T&T $8,566 total
Martins Service Uniform $8,304 total (bid on all but 2 items)
Banner Uniform no bid
Unitog did not bid on all items
Kathy Jordan made a motion the bids be turned over to the Fire Committee for
their recommendation back to full council. John Steely seconded the motion
which carried 6-0.
(D) Amendments to FY89 budget
John Patterson said the FY89 budget needs to be amended to account for the
additional expenditures related to capital leases of new fire trucks and
surveillance camera equipment in the Police Department.
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 the FY90 budget must be amended to add $5,760 in
salaries for Planning and Zoning Board members that was omitted when the
budget was approved.
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 within 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 enjoy 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 condemnation 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
October 2, 1989 meeting - continued
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 we have had a number of contractors come to
council for approval to work on Saturdays. This ordinance amendment will
allow work on Saturdays with certain 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
6-0.
(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 county -wide 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
cause hearing since 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 of ordinance be
deleted in its entirety and replaced with the new section, on file in the
City Clerk's office. Wade Lnenicka seconded the motion which carried 6-0.
f% i.W,'Inr,'Jr].K-E
(A) 3COM file server for Police Department.
John Steely made a motion the bid for the 3COM file server be awarded to
Tandy Corporation, the low bidder at $9,520.75. Kathy Jordan seconded the
motion which carried 6-0.
COMMERCIAL BUILDING PERMITS:
CONSENT AGENDA:
Nothing to report.
A) Approval to request bids - pickup truck for Utility Services Department
B) Approval to request bids - computer equipment, Communications Department
,h (C) Resolution approving ICMA retirement plan
,✓p(D) Approval of minutes: 9/5/89, 9/18/89, 9/25/89
G/,,o(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.
October 2, 1989 meeting - continued
"—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 dropoff 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 Ball on
Friday, October 13th.
John Steely stated that curbing on North Cooper Lake Road has not been
completed because of the rain and asked everyone to be patient until weather
could allow them to complete the project.
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 fur us'ness, meeting adjourned at 11:02 p.m.
%BACON, MAYOR
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BOB�7IS, WARD 1
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0'ttWARD 5
CnLY, WARD 7
MELINIA D MERC , ITY CLERK
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JAMES M. HAWKIIS, WA�D 4gil
PTHYIbE!IbOI6-JORDAN, VD 6
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