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08-01-1983 Regular MeetingAugust 1, 1983 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on August 1, 1983 at 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 E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Parks & Recreation Director Sherry Reavis, Assistant City Clerk Melinda Hiatt, Building Inspector Larry Dunn, Civil Defense Director Jim Farley, Librarian Doris Morris and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag led by Boy Scout Troop 317, and Mr. Irving Levine, Leader. Citizen Reports: Mr. Harold Hobbs with the Smyrna Lions Club requested permission to hold a bucket brigade on August 6th from 9:00 a.m. to 3:00 p.m. at the inter- section of Hargrove and Spring Road. Mayor Bacon said he should coordinate his plans with Chief Little. Sue Brissey said she had been complaining about businesses in Smyrna that do not have their parking lots paved since January 3rd and she felt favoritism was being shown in some cases. There is one business in particular that is flaunting the fact that they have not met the requirements. Jim Hawkins said a show cause hearing was held June 29th and everyone in violation was given a reasonable amount of time to have their parking paved. After further discussion, Mayor Bacon told Mrs. Brissey that she would be placed first on the agenda at the next meeting and they would discuss her grievances. Hearing: Max Bacon made a motion the hearing of the appeal of the Recorder's Court decision by H. G. Hand, Jr., be tabled to the next meeting since some of the wit- nesses could not be here tonight. Jack Shinall seconded the motion which carried 7-0. Rezoning: South Downs, Inc. requested rezoning of approximately 26 acres on Camp- V t bell Road in Land Lots 702, 703 and 739 from RMC-8 to Residential Townhouse Dis- jj`wIof trict. Ken Minchew was sworn in by Attorney Camp along with Wade Lem�ck, in , opposition. Mr. Minchew presented plans of the development and said he felt this would be an upgrade in zoning. They were requesting the classification be changed from condominiums to townhouses with the same density, 91 units per acre. These units will be priced from $70,000 to $90,000 and built to meet the present market demand for garages, sky lights, etc. Mr. Minchew said he felt this development would appreciate the adjacent properties in the area. The entrance will be off Campbell Road between the railroad tracks and Aunt Fanny's Cabin and the one approved entrance from Campbell Road was purchased from Johnstown Properties. Jim Hawkins asked Mr. Minchew if he would need any variances later, and Mr. Minchew stated they would build within the zoning code. They had a copy of our ordinance and knew what the requirements were. Mayor Bacon said there would probably be retention ponds and asked who would be required to maintain them when the development was sold out. Mr. Minchew said at his Afton Downs development the retention ponds were sold with the homes. The initial building activity causes most of the water runoff and after development is completed a great deal of maintenance is not required. Attorney Camp said there is some maintenance required on retention ponds and there are different ways to handle it. One would be to dedicate them to the City which would constitute an easement on that particular lot just like any other sewer easement. Mr. Camp said he had seen some that were accepted by the City after 1 or 2 years. Mayor Bacon asked if he planned any acceleration/deceleration lanes and Mr. Minchew said the final plans would have these lanes on it. Jim Tolleson said George Lane had promised a 100' buffer when he developed the property and asked Mr. Minchew if he would do the same. Mr. Minchew said his plans were done from Mr. Lane's, and they showed a 50' buffer on the railroad tracks side, with a 100' buffer on the Poplar Creek side ` Oil Mr. Wade Lemm ck sp ke in opposition and said when the property was zoned for condominiums they were told one thing but now they are planning something different from what was planned. Also, he was not sure this was an upgrade in zoning and did not think his property would appreciate. He was also concerned because the development would be fee simple, with no homeowners association to maintain the property. Mr. Lemmerick said council had made an agreement for condominiums to be built, and they should stick by that. Mr. Camp asked Mr. Minchew if he had restrictive covenants, and the answer was yes. Mr. Camp said the City could not control this type covenant; it is handled by the mut- August 1, 1983 - Continued ual property owners. The City does, however, have an ordinance to control any homeowner who does not maintain his property. Mayor Bacon read the minutes from the Planning and Zoning Board meeting where they recommended the zoning be approved. Max Bacon asked Mr. Minchew if he would re-route his construction traffic to use Spring Road instead of Campbell Road and the answer was yes. Jim Tolleson made a motion the property be rezoned to Residential Townhouse District at 9.5 units per acre, subject to receipt of a letter from George Lane, Johnstown Properties relinquishing his ingress and egress from Campbell Road. Jim Hawkins seconded the motion. Max Bacon said he could not support the motion because he voted against the orig- inal rezoning in 1982. Jack Shinall said he also voted against the original zoning and felt council should live up to their original commitment. Vote on the motion carried 4-3 with Jim Tolleson, Jim Hawkins, Elbert Coalson and Sarah Jones for; Max Bacon, Jack Shinall and James Williams opposed. Variance: Anna Frick represented Peppertree Subdivision in their request for a variance on Lots 7A and 8A, to reduce the rear yard setback to 5 feet. Ms. Frick said Mr. Leveto was out of town and could not be here tonight and explained that the variance was being requested to save two very large hickory trees on these lots. James Williams said he asked Mr. Leveto about variances his first time here and he said he would not have to ask for any. However, he did not like to see the big trees come down and since they had a letter from the adjoining property owners he would support this, but would not support any additional variances to the property. James Williams made a motion the variance on the rear yard setback be approved from 40 feet to 35 feet. Sarah Jones seconded the motion which carried 6-1, with Max Bacon opposed. Variance: Ed Hammock requested a variance on the rear yard setback from 30 feet to 10 feet at Cumberland Crossing Shopping Center on Hargrove Road. There was" no opposition. Mr. Hammock said the variance would only abut the parking spaces at the shopping center and was needed due to the sloping embankment on the side next to McDonald's. Jim Tolleson asked if this would eliminate any parking spaces and the answer was no. Mr. Hammock said the adjacent property owner would neither contest or make any written statement supporting the variance. If the variance is approved, a western boot store will be built, facing Hargrove Road. Jim Tolleson made a motion the variance be approved, seconded by Elbert Coalson. Vote on the motion carried 5-2, with James Williams and Max Bacon opposed. Variance: International Auto Service Centers requested a variance on the rear yard setback from 50 feet to 35 feet for new construction on the corner of South Cobb Drive and Bank Street. Neil S. Morrisroe represented the applicant and stated Gary Reese currently owns the property and he was representing him as well. Mr. Morrisroe said they would like to build a multi -use auto service center and had a letter from Mr. Ralph Templeton, the adjacent property owner, stating he had no objection to the variance. Prelininary plans of the building were presented and Mr. Morrisroe said they would retain as many trees along the creek line as possible. This will be a shopping center type setup with a muffler shop, quick tune up shop and tire store tentatively scheduled. There are currently two curb cuts on theproperty, but they will only require one from South Cobb Drive. The repairs will be made in a totally enclosed area and there will not be any inoperative cars sitting outside in the parking lot. Mr. Morrisroe said they had not definitely decided on the type building to use and if they change plans they will need a side yard variance on the north end of the property. He also presented a letter from the adjacent owner of that property stating he had no objection to the variance on that side. Mr. Morrisroe said he was actually seeking approval of both variances, depending on which type building they decide to use. Jack Shinall said the property was posted for the rear yard variance and they could not rule on an additional variance tonight. Mr. Morrisroe said if they approved the rear yard variance, that would probably be the direction they would take. Also, they would agree to replant any foliage that may be destroyed. Jack Shinall made a motion the variance on the rear yard setback be approved. Elbert Coalson seconded the motion which carried 4-3. Voting for the motion was Jack Shinall, Sarah Jones, Elbert Coalson and Jim Tolleson, with James Williams, Max Bacon and Jim Hawkins opposed. Commercial Building Permits: Commercial building permits were presented by Inspec- tor Larry Dunn and upon his recommendation, the following approved: August 1, 1983 - Continued (1) C. J. Fouts requested a permit for new construction at 2158 Atlanta Street at a total estimated cost of $125,000. James Williams made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the motion which carried 7-0. James Williams said there would be a diff- erence in the fee for this permit because apparently Mr. Fouts had provided a copy of his contract with the builder stating the cost of construction would be less than our rate of $25.00 per square foot. Revenue Sharing: Willouise Spivey stated the anticipated funds from Revenue Sharing for 1983/84 was $178,312, with $135,810 unexpended from last year for a total of $314,122. Ms. Spivey also read the proposed list of expenditures by department. There were no questions or comments from the audience and Jim Tolleson made a motion the 1983/84 Revenue Sharing Budget be adopted. Jack Shinall seconded the motion which carried 7-0. Residential Business License: John A. Brown requested a residential business lic- ense to operate a custom drapery company from his home. Mr. Brown said the work would not be conducted in his home and there would be no inventory, signs or parking. There was no opposition and Mr. Brown also had a petition signed by the surrounding neighbors stating they had no objection. Jim Tolleson made a motion the license be approved. Sarah Jones seconded the motion which carried 7-0. Business License: Richard P. Veach requested a business license for Oakdale Taxi Service, 4274 S. Atlanta Road. Mr. Veach said his office is in Oakdale, but he would 11!ke to be able to make pickups in Smyrna. This is a one man operation and he has two cars; a 1972 Plymouth Satellite and a 1971 Plymouth Valiant. There was no opposition and Jim Hawkins read the letter from the police department stating their investigation of the applicant was favorable. Jim Hawkins made a motion the license be approved. Elbert Coalson seconded the motion which carried 7-0. Jim Tolleson said we had taken bids on the removal of the water tower but since that time he has had several requests to have it painted and restored. Jim made a motion that bids be requested for the September 6th meeting on restoration and removal of the tank. Jack Shinall seconded the motion which carried 6-1, with Elbert Coalson opposed. Bid Opening: Bids for installation of the Woodland Arms gravity flow sewer lines were opened, read and recorded as follows: 1) 2) 3) 4) 5) Laslie & Company $63,082.80 Beacon Industries $74,349.50 D&H Construction $75,938 ($138 per foot to bore Cherokee Road) Unity Construction $76,389.21 Lovern Construction $99,942.65 Jack Shinall made a motion the bids be turned over to the City Engineer for review and the Water & Sewer Committee be authorized to award to the low bidder. Jim Tolleson seconded the motion which carried 7-0. Approval of Minutes: Jim Tolleson made a motion the minutes of July 11, 1983 be approved as submitted. Elbert Coalson seconded the motion which carried 7-0. James Williams made a motion the minutes of July 18, 1983 be approved as submitted. Jim Hawkins seconded the motion which carried 7-0. Committee Reports: (Fire) Hubert Cochran said the new truck would be delivered sometime between now and September. Sarah Jones said we also need to request bids for 800 feet of hose to go with the truck. (Parks) Sherry Reavis said King Springs Pool would be closed August 10-13 for the State swim meet. Also, on August 22nd, Jonquil and Church Street pools will close for the season. Jack Shinall said that Clarence Canada had served this city for 10 years and now his son Billy needs a liver transplant. If anyone can participate in the fund rais- ing projects going on, the family will certainly appreciate it. (Library) Doris Morris reported on library activities. August 1, 1983 - Continued Jim Hawkins said he had received a request that the stop sign at Clifton Road and Rita Way be removed. Jim asked members of council to observe the intersection and said it would be placed on the agenda for the next meeting. James Williams reminded everyone of the public hearing on August 3rd concerning our trash and garbage service. (Finance) Jim Tolleson said the salary study is underway and the committee would meet on it and make a suggestion to council. Jim Tolleson said there would be a meeting on August 16th with the county commis- sioners concerning the Local Option Sales Tax. Jim said he felt some of the news- paper articles about the tax were mis-informative and this is an effort to hold taxes down for the property owners. Willouise Spivey stated a new law would go into effect January 1, 1984 whereby voting precints would have to be divided by census lines rather than Land Lot lines. They met this morning with Vernon Duncan, and his office has agreed to handle the reapportionment changes necessary to comply. This will cause a slight change in some of the wards and due to the changes, Ward 3 will be using Hawthorne Elementary School as a polling place after the election this year. These changes in boundary lines will have to be approved by January 1, 1984. Mayor Bacon said he hoped everyone would contribute to the Billy Canada fund tf they have not already done so. They have raised enough money to place his name on the computer for the transplant but they will still need money to help with expenses. Hubert Cochran said our firemen had collected $500 Saturday by asking for donations in some of the shopping centers. They turned in $1,250 this morning and the donations are still coming in. With no further business, meeting adjourned at 9:10 p.m.