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04-05-1982 Regular MeetingApril 5, 1982 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on April 5, 1982, Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Parks and Recreation Director Sherry Reavis, Civil Defense Director Jim Farley, Librarian Doris Morris, Building Inspector Dan Steely and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. Mayor Bacon announced the presentation to the Campbell High School Boys Basketball Team would be delayed to the next meeting, due to the illness of some of the players as well as the coach and superintendent. Citizen Reports: (1) Mr. Stephens, pastor of the Bethel Grove Baptist Church asked permission to let him explain to his members and all the people of Smyrna, his views on selling alcoholic beverages. Mr. Stephens said he was against alcoholic beverages being sold, especially so near the church. A former pastor and church deacons had signed a letter stating they had no objections to a major supermarket to be located directly behind the church selling package beer and wine. Mr. Stephens said he would not have signed the letter and wanted everyone to know it. Jim Tolleson asked if signs would help to control the traffic from the shopping center. Mr. Stephens said he thought signs would help and the church members had discussed closing the street, as it is a private drive, from the rear of the shopping center through to Spring Road. Mr. Stephens was assured the City would help in any way they could. (2) Rita Forscher of Ward 1 complained about the appearance of Smyrna, especially Spring Road. She said the signs were unsightly and objected to more apartments being built and the cutting of more trees. Also, dogs were running wild. Jim Tolleson stated all signs in the City should now be permitted, but it would be checked out. (3) Mr. Smith of Beaver Creek Road said he was interested in the second Amendment, the right to bear arms, and asked that an ordinance be passed to uphold the Consti- tution. Attorney Camp explained that Mayor and Council were sworn to uphold the Constitution and 'could not pass an ordinance identical to the Constitution. (4) Mr. Thomas Williams of Carolyn Drive complained about the dog ordinance not being enforced. Reapportionment: James Williams stated he could not vote to approve the reapportion- ment plan as submitted and made a motion this item be tabled. Jim Tolleson seconded the motion which carried by a 5-2 vote. Elbert Coalson and Jack Shinall voted against. Max Bacon made a motion a parade permit be approved for Smyrna Little League. Jack Shinall seconded the motion which carried by a 7-0 vote. A route schedule has been filed with Police Chief Little. Residential Business License: (tabled 3/15/82) Mr. Lee Penny, 2176 Old Spring Road requested a license to operate a lawn maintenance service from his home. George Griffin was spokesman for the opposition. Mr. Penny stated he only wanted,_. to use his home telephone and park his vehicle in the back yard, which had the telephone number and name of his company painted on it. He said he had erected a fence which would hide the back yard from the street. Mr. Griffin said Mr. Penny had a beautiful home but he was concerned about the equipment in the back yard. Mr. Penny said other people parked their vehicles by their homes and he should be allowed to do the same. Mr. Griffin said there was equipment other than his truck in the back yard and submitted a petition signed by neighbors, asking the license not be granted. After discussion, Jack Shinall made a motion the license be denied. Elbert Coalson seconded the motion which carried by a 7-0 vote. Privilege License: Copperfield's requested a malt beverage, wine and liquor pouring license for a new restaurant at The Crossings, South Cobb Drive at Concord Road. Mr. Glen Stinson represented the applicant, Gary Evans. There was no opposition. Mr. Stinson said Mr. Henry Darnell Fraser was an officer of the corporation and would be the designated agent to hold the license. Sarah Jones said the application was in order, and made a motion it be approved. Jim Hawkins seconded the motion which carried by a 7-0 vote. Annexation: Elbert Coalson made a motion the annexation hearing for Drs. Israel and Dellinger for property located on Pat Mell Road be tabled to the next meeting. Jim Hawkins seconded the motion which carried by a 7-0 vote. April 5, 1982 - Continued ti A Rezoning: Elbert Coalson made a motion the rezoning request for the above men- tioned property be tabled to the next meeting due to the fact that the recommen- dation by the Planning and Zoning Board had also been tabled. Jim Hawkins seconded the motion which carried 7-0. Rezoning: Jennie Lou Fowler requested rezoning of property at 1298 Concord Road from R-15 to Neighborhood Shopping, to be used as an antique shop. Mr. Richard Sprayberry represented the applicant and there was no opposition from the audience. Max Bacon said the Planning and Zoning Board had unanimously recommended the rezoning` and made a motion it be approved. James Williams seconded the motion. Mr. Bob Baseline, a resident of Dunn Street said he was not opposed but felt parking should be restricted to the rear of the building. Also, he would like for Smyrna to retain its small-town atmosphere which will be lost with continued rezoning in residential areas. Mr. Sprayberry said there was not enough room in the rear of the building for parking and Max Bacon said it would not be fair to place a restric- tion such a"s this on Mr. Sprayberry, when others were allowed parking in the front. Vote on the motion to approve the rezoning carried 7-0. Variance: Mrs. Jennie Lou Fowler, owner of the property at 1298 Concord Road requested a variance to allow the present tenant to continue living in the garage apartment located at the rear of the property just rezoned. Mr. Sprayberry said the tenants were in the process of finding another place to live. Attorney Camp said this variance would apply to the present tenants only, and once they moved out the apartment could not be rented again. Max Bacon made a motion the variance be granted. Jim Tolleson seconded the motion which carried by'a 7-0 vote. Rezoning: Mr. Joseph K. Spillane requested rezoning of property at 2101 Spring Street from R-15 to Limited Commercial, to be used as a doctor's office. Mr. John Davis of 2106 Glenroy Drive was the spokesman for the opposition. Mr. Spillane said he bought the property in 1973 as an investment and had rented it since that time. Since then, he has had 16 different tenants in the house, with continuous complaints from them about the noise and pollution from Spring Road. He is having trouble renting the house now because people feel that Spring Road is not an ideal residential location. Mr. Spillane said he felt his plans would have a minimal impact on the neighbors and traffic on Spring Road. Also, the existing drainage problem has been corrected and adequate buffers would be provided. Mr. Spillane said a precedent had already been set by the opening of two chiro- practors offices within 3 blocks of his house and felt they were a credit to the neighborhood. Attorney Camp asked Mr. Spillane if there were any restrictive covenants in the subdivision, and if there were, the rezoning of this property may be moot. Mr. Davis presented a petition with approximately 65 names expressing opposition and there were also 25 or 30 residents in the audience opposed. Mr. Davis said at this time, there is no commercially zoned property within the immediate area. Mr. Spillane said he had -canvassed the neighbors on Spring Road adjacent to his property and received approvals from ten, with one opposed. After further discussion, Jim Tolleson read the following and made a motion the zoning requested be denied -after consideration of the facts: The property lies within the well-known Poplar Creek flood plain as illustrated in the National Flood "Insurance Map, revised 3/12/82, and any additions or alterations must be approved or denied or waived by this council. Also, any changes to the existing dwelling in Lot 13 would have to comply -with Section 802, "Non -Residential District" as to the. required setback, buffer, etc. 2. Even if this body approved of additions or alterations in this flood zone in the form of paving it would create an unnecessary hardship and burden on the adjoining property owners to the rear in the form of flood water runoff. 3. The establishment of a business at this location would create a safety hazard to the roadway and pedestrian traffic. Since the property lies at the bottom of a 30 degree grade (Spring Road) and this roadway is zoned for speeds to 45 miles per hour (and many people do 60) it would cause a danger with egress and ingress into the property in the amounts of traffic that a business would create, even if the entrance were allowed on Dundee. April 5, 1982 - Continued 4. Zoning a home in the middle of a residential district is SPOT ZONING; nothing more, nothing less. There are many beautifully kept homes on Spring Road and many within a few yards of the applicant's property. Spot zoning commercially on Spring Road is not within keeping with the neighborhood as it is now zoned, and a change to commercial would do harm to the surrounding area in the form of home value for the indi- vidual homeowner. James Williams seconded the motion which carried by a 7-0 vote. Mayor Bacon called for a 5 minute recess. tRezzoni g: Homeland Communities requested rezoning of property in Land Lots 665 and 704from R-20 and RM-12 to RTD. Max Johnson, applicant, said their plans were to close Teasley Drive as it now exists and build a new road from Teasley Drive to Pasadena Boulevard. This is a down -zoning from 12 units per acre to 10, and they will build approximately 146 units. Mr. Johnson said the existing roads would not be disturbed in any way until the new road and Pasadena Boulevard were completed. There was no opposition and Jim Tolleson made a motion the rezoning be approved for 146 units, which was also the recommendation of the Planning and Zoning Board. James Williams seconded the motion which carried by a 7-0 vote. Variance: Ms. Janet Goethe requested a variance to build an addition on her home at�0akview Drive, 9i.feet'over(;the front yard building line. Inspector Dan Steely said that when Ms. Goethe called him, the addition was already underway and said she was unaware she needed to have a building permit. She did have the plumbing, electrical and mechanical work completed by licensed persons and obtained a permit. However, the addition is 9 feet over the building line insofar as the front yard setback requirement. Jim Hawkins said there were other homes on the street with carports, porches, etc. equal in distance to the street and he had not received any complaints. Jim made a motion the variance be approved, seconded by James Williams. Vote on the motion carried 7-0. Commercial Building Permits: Inspector Dan Steely presented commercial building permits as follows: (1) Po Folks Restaurant at 3295 South Cobb Drive requested a permit to renovate the interior at an estimated cost of $25,000. Plans have been approved by the Fire Department and Inspections Department and Jim Hawkins made a motion the permit be approved. Jack Shinall seconded the motion which carried by a 7-0 vote. (2) Kentucky Fried Chicken requested a permit for new construction at 2431 South Cobb Drive at an estimated cost of $120,000, with the existing structure to be torn down. Plans have been approved by the Fire Department and Inspections Depart- ment and Elbert Coalson made a motion it be approved. Jim Hawkins seconded the motion which carried 7-0. (3) Dan Steely presented a final plat for Phase II of Afton Downs which had been approved by the Planning and Zoning Board. Mr. Steely said this was an alteration to the previous plat which was approved January 13, 1981, showing two means of egress, one from Bell Drive and another from Park Drive. This plat shows just one entrance, which will keep Afton Downs and Falling Waters subdivisions separated. Mr. Minchew said he would like to keep his subdivision separate, and the plans had been approved by Capt. Tidwell in the Fire Department. He had previously met with the Bell Drive homeowners and indicated to them that there would be only one exit from his development, and Max Johnson, developer of the adjoining Falling Waters did not object. Jack Shinall said council must look at the overall safety involved and felt the streets should be tied together. After further discussion, Jim Tolleson requested this be placed on the agenda for the next meeting. Bid opening: Bids for uniforms for the Police and Fire Departments were opened, read and recorded as follows: POLICE DEPARTMENT FIRE DEPARTMENT Burdon Uniform Company - Trousers 22.50 Single -Breasted Cost 125.00 115 Peachtree St. Shirts US 21.95� Trousers 37.95 Atlanta, Ga. 30303 Shirts S/S 19.50 Shirts White US 15.25 Jacket Flight 39.95 Shirts White S/S 13.25 Cap 15.95 Shoes 39.95 Tie 2.95 Ike Jacket 55.95 Jacket 3/4 89.95 Trousers 29.95 April 5, 1982 - Continued POLICE DEPARTMENT FIRE DEPARTMENT Burdon Uniform (Cont'd) Shoes Black Rain Suit Raincoat Insignia Banner Uniforms of Atlanta 37 Armour Circle Atlanta, Ga. 30324 Trousers L/S Shirts S/S Shirts Flight Jacket Cap Ties Tuffy Topper Shoes Rain Suit (Coat) (Pants) Rain Coat Insignia 39.95 Jacket ,42.95 C Liner 34.95 Trousers 5.50 Shirts Lt. Blue US Shirts Lt. Blue S/S Shoes Cap FSI Ties Coat 16.95 Coat -Chief & Asst. 19.95 Trousers -Chief & Asst. 17.95 Shoes, dress 34.50 Shirt, white L/S 16.95 Chief & Asst. 2.50 Jacket, Capt. & Lt. 89.95 Trousers, Capt. & Lt. 38.95 Shirt, S/S Trousers, Firemen 20.50 Jacket, Firemen 18.50 Jacket, C Liner US 29.50 Shoes, work 4.95 Shirt US Shirt S/S Cap, round exp. cap strap Raincoat 31.50 15.50 25.95 15.25 13.25 39.95 14.95 2.95 57.95 74.95 24.95 38.95 12.50 59.95 24.95 12.95 25.95 30.95 16.50 38.95 12.50 12.95 15.95 56.95 James Williams made a motion the bids be turned over to committee with their recommendation back to full Council at the next meeting. Jim Hawkins seconded the motion which carried 7-0. Report on Award of Bids: Jack Shinall said the committee had recommended that all bids for the garbage truck be rejected due to the study underway and made a motion all bids be rejected. Jim Hawkins seconded the motion which carried 7-0. Jack Shinall said the committee had recommended we accept the bid of $6,948.611-from Wade Ford-fori:a 1983 Ranger, and made a motion the bid be accepted. Elbert Coalson seconded the motion. After discussion, Jack Shinall amended the motion to state the bid be awarded, provided they can make delivery within 45 days. Vote on the amendment and main motion carried 7-0. Jack Shinall made a motion that bids be requested for two (2) economy pickup trucks for the Water Department and also state in the request that delivery must be made within 45 days of awarding of bid. Jim Hawkins seconded the motion which carried 7-0. Jim Hawkins said we were anticipating qu;te an increase in traffic can Spring Road at Park Road with the new development there and opening of baseball season in about 2 weeks,.and a traffic light is badly needed. Max Johnson, developer of Falling Waters has verbally agreed to contribute $4,000 towards the cost of the light. A&P Signal Company has been doing the upgrading of signalization for us, and Jim made -..a motion that;/a'/proposal of $41,800 by A&P• &ignal.�bei approved.,for installation of this light. Jim Tolleson seconded the motion which carried by�a (671 voteyi with Max Bacon opposed. H Jim Hawkins made a motion that $7,800 be approved from State Grants to pay our portion for installation of the light, to be reimbursed from Revenue Sharing after the public hearing is -held. Vote on the motion carried 6-1, with Max Bacon opposed. Jack Shinall made a motion that Sanford Place be made one way north, effective tomorrow through September 1st. Max Bacon seconded the mozion.which carried 7-0. Jim Tolleson made a motionl�a "no turn on red". sign be placed.on Campbell Road at Spring Road. A child was hit there last week and when the new light is installed at Park Drive the stop line on Spring at Campbell will be moved up closer to the light which will create an even more dangerous situation. Jim Hawkins seconded the motion which carried 7-0. Jim Tolleson made a motion the City zoning map be approved and a new Mylar made. Jack Shinall seconded the motion which carried 7-0. April 5, 1982 - Continued Jack Shinall made a motion the City Attorney be authorized to review our present commercial sanitation contract and special permits that have been issued. Also, to draw proposals for individual contract garbage service to review and determine if our citizens are interested in having private garbage service. Jim Hawkins seconded the motion which carried 7-0. Attorney Camp stated that during the engineering study for Pasadena Blvd., Jim Mallett had discovered some slope easements and construction easements will be required from the owner to the east of Pasadena. Jack Shinall made a motion the rules be suspended to discuss authorizing Attorney Camp to proceed in negotiations for the easements required. Jim Hawkins seconded the motion which carried 7-0. Mr. Camp said we would have to draw each slope and grade easement and there were some declarations and covenants in existence that will have to be dealt with to make the slope easements permanent. Jim Tolleson made a motion the City Attorney be authorized to draw these easements. Jack Shinall seconded the motion which carried by a 7-0 vote. Jack Shinall said we had requested the Environmental Protection Agency approvel) reopening of the sanitation landfill to dump trash only, but have not received their report yet. This will be brought up at the next meeting. Mayor Bacon said he found some mistakes in the March minutes, and recommended approval be delayed to the next meeting. Max Bacon made a motion approval of the minutes be tabled to the next meeting, seconded by Jack Shinall. Vote on the motion carried 7-0. Rebates on _sewer increases: Jack Shinall said the recommendation made by the Water Committee was to combine the two months differences on the water bills between the old and new rates and use a percentage method to determine the amount of refund. This will apply to inside residential customers only, which includes apartments. There were some discrepancies in base rates for outside residential and commercial .users which will be addressed later. The recommendation agreed upon was that of the $43,726 difference, the citizens be given a credit of $26,235.60. Jack made a motion these rebates be approved, seconded by Sarah Jones. Jim Hawkins said he would not support this motion because he felt there should be a 100% rebate. Max Bacon agreed, and said he felt we should rebate the entire amount that was overcharged. Jim Tolleson said we have lost money for the last 18 months to 2 years and this is one way to make up for some of that loss. Vote on the motion carried 5-2, with Jim Hawkins and Max Bacon opposed. Jack Shinall made a motion the following changes be made to the water rates: 1. Increase base rate to outside residential to $7.00 per customer 2. Increase inside commercial base rate from $5.00 to $7.00 3. Decrease 4" commercial base rate from $250 to $225 4. Decrease 3" commercial base rate from $200 to $187.50 5. Increase outside commercial base rate from $5.00 to $10.00 6. Decrease base rate on 12" meter from $35.00 to $30.00 7. Decrease base rate on 2" meters from $65.00 to $60.00 Jim Tolleson seconded the motion, with the changes to be effective on the May bills. Jim Hawkins said he would abstain, simply because he did not understand the system that has been adopted. Vote on the motion carried,6-0, with Jim Hawkins abstaining. Mayor Bacon said Mallett & Associates have not completed the engineering plans and specifications for Pasadena Blvd. and these bids will be opened April l9th. Committee Reports: Sarah Jones introduced Doris Morris, the new Librarian and Monika Myers, Assistant Librarian. s Jack Shinall said we have received a request from some developers for approval to use the.AWWA C900 PVC pipes instead of cast iron. Jack said they were reviewing the request, with no conclusions yet. Jim Hawkins thanked the Street Department employees for their cooperation during Cleanup Month in helping out and working with the Sanitation Department employees. Also, the Super Family Field Day was a huge success, and Sherry Reavis did a great job. Sherry Reavis presented a plaque to Jim Hawkins for his participation in the one - mile road race. April 5, 1982 - Continued Jim Tolleson said we have received word from the State that the City will be awarded a grant in the amount of $5,000 and expressed his appreciation to Representative Carl Harrison. This money will go back into the General Fund for repairs being made to Jonquil Park. Jack Shinall said he would also like to recognize the Sanitation Department employees for the good job they did during cleanup month. Mayor Bacon said he thought we should pass an ordinance regulating pulpwooders. When they remove trees from yards, they are piling the limbs by the street for the City to remove and this is one of the reasons our Sanitation Department got behind during cleanup month. With no further business, meeting adjourned at 9:36 p.m. April 19, 1982 The regular scheduled meeting of Mayor and Council was held April 19, 1982 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Fire Prevention Captain Jim Tidwell, Parks and Recreation Director Sherry Reavis, City Engineer Jim Mallett, Civil Defense Director Jim Farley, Building Inspector Dan Steely, Assistant Public Works Director Vic Broyles, Librarian Doris Morris and repre- sentatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. There were no citizen reports. A representative of Smyrna Girls Softball Association requested a parade permit for their opening day ceremonies on May 1st, and was told to submit their route to the police department. Plat Approval: Inspector Dan Steely presented a final plat for Phase II of Afton Downs with the only change from the original plat being one means of ingress and egress from Bell Drive, without the connecting road to Falling Waters. A petition was presented from residents of Afton Way and Bell Drive stating their opposition to the street connection to the two subdivisions. Jim Tolleson said if the two subdivisions were connected it would cause considerably more traffic on Bell Drive, and the plans have been approved by the Fire Department. Jack Shinall said he felt the street should be opened up for safety reasons and it would be more accessible for fire trucks entering Afton Downs. Jim Tolleson made a motion the plat be approved, seconded by Sarah Jones. Vote on the motion carried 4-3, with Jack Shinall, Elbert Coalson and Max Bacon opposed. Approval of Reapportionment: Jim Tolleson made a motion the reapportionment be adopted as written, seconded by Jim Hawkins. Jim Tolleson amended the motion to also approve the payment of $1,000 to Dusty Bennett for preparing the reappor- tionment. Jim Hawkins seconded the amendment. Vote on the amendment and main motion carried 6-1, with James Williams opposed. Mayor Bacon announced that the annexation and rezoning request for 163 Pat Mel] Road, Drs. Dellinger & Israel, applicants, had been withdrawn. Variance: Otto E. Jones, 3798 Cloudland Drive requested a variance from the rear yard setback requirement. Mr. Jones said he had originally obtained a permit to build a 3-bay garage, not to be attached to the house. During construction it became a part of the house and then he decided to build up to the second level of the house. Sarah Jones said when he realized he was not in compliance he had agreed to the stop work order and had been very cooperative. Sarah Jones said the addition was enhancing the value of his home and surrounding homes and made a motion the variance be granted. Jack Shinall seconded the motion to grant the variance of 8 feet. Mr. Jones said there were homes behind him, but he had not contacted the neighbors there. Jim Hawkins said he could not vote for the