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12-06-1982 Regular MeetingDecember 6, 1982 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on December 6, 1982..at City Hall. The meeting was called to order 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, Building Inspector Larry Dunn, Parks and Recreation Director Sherry Reavis, Librarian Doris Morris, Parks Superintendent Bruce Bates, Civil Defense Director Jim Farley, and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. Rezoning: Mayor Bacon stated that Mr. Bill Askea had been detained and his request for rezoning would be heard later during the meeting. Rezoning: Wayne S. Carlisle requested rezoning of property at 3573 South Cobb Drive from Limited Commercial to General Commercial for an automobile upholstery shop. There were nine people in the audience in opposition. Mr. Carlisle, real estate agent Evelyn Wise and a spokesman for the opposition were sworn in by Attorney Camp. Mr. Carlisle said if the property was rezoned he would build a concrete block garage on the rear of the lot for his business, and would like to live in the existing house. Jim Tolleson said he thought the zoning request had been withdrawn. Mayor Bacon said we had received a letter from Jerrie Lusk, representing Mr. Carlisle asking that the rezoning and variances be withdrawn, but Mr. Carlisle called today and requesting that we proceed with the hearing. Jim Hawkins said that the minimum lot size for General Commercial zoning was 20,000 square feet and asked Mr. Carlisle why council should grant the zoning when he knew he did not meet the requirements. Also, the f Planning and Zoning Board had unanimously denied the zoning due to the variances -s' involved. Evelyn Wise, representing Jerrie Lusk said she was a resident of this area and had no objections to a business such as this in her area. Mr. Carlisle had assured her that no work would be conducted after 10:00 p.m. and she felt it would not hurt the community at all. A representative for the opposition said he thought the lot was too small for any type business and would not want the property rezoned until the entire street was commercial, and presented a petition from the surrounding neighbors also in opposition. Mayor Bacon read the recommendation of the Planning and Zoning Board where it was denied due to the excessive variances involved. Jim Hawkins made a motion the rezoning be denied due to the reasons given by the Planning and Zoning Board. Jim Tolleson seconded the motion. Jack Shinall said he would support the motion because he felt council had been granting too many variances. Vote on the motion carried 7-0. Rezoning: Bill Askea requested rezoning of property at 2960 South Cobb Drive from Office Distribution to Light Industry. There was no opposition. Mr. Askea said he would be moving his existing business from Ventura Road to this location, and would also have additional lease space. Mr. Askea said he requested the Light Industry zoning because his trucks would be parked outside, and he may have conduit stored outside the building. Jack Shinall asked Mr. Askea if he would take care of any problems that may arise due to the fact the property is so near the flood plain and Mr. Askea said he would. The property abuts mini -warehouses on one side, with open land to the back. Mr. Askea said his property is 510 feet from South Cobb Drive, and does not own the frontage, but it would probably be developed at a later date. Mayor Bacon read the recommendation from the Planning and Zoning Board where they recommended approval of the zoning. Jack Shinall said there were some legal problems involved with this request which should be worked out first, and made a motion the hearing be continued to the next meeting. Jim Hawkins seconded the motion which carried by a 7-0 vote. Variance: Sylvia Daniel requested a variance to build a garage within 5 feet of the side yard property line at her home at 381 Hickory Acres Drive. Mrs. Daniel's husband was present and said when they purchased the property there was a one -car aluminum awning carport and they would like to extend it for double car parking. Jack Shinall read a letter from the adjoining property owner, Gary Reese, stating he had no objections, and made a motion the variance be approved. Max Bacon seconded the motion which carried 7-0. Variance: Tarver L. Shirley requested a variance on height restrictions for an amateur radio tower at his home at 808 Timberland Street. There were two people in the audience opposed. Mr: Shirl be-p-y said the tower had n in place for approximately 11 years, at less than 35 feet. About a year ago they extended the tower to 100 feet, not knowing there was a city ordinance limiting the height. Mr. Shirley's son, Randy, asked if this hearing could be tabled to allow him time to work with some of his neighbors concerning a problem they are having with inter- ference. Jack Shinall said he had been contacted by the original person making the complaint and said Randy had talked with him, and is trying to work out the interference problems some of the neighbors are having. Jack Shinall made a motion the variance be tabled to the first meeting in January. James Williams seconded the motion which carried 7-0. December 6, 1982 - Continued Commercial building permits were presented by Inspector Larry Dunn and upon his recommendation, the following were approved: 1) Fouts Brothers Datsun on Atlanta Road requested a permit to add a second story to the existing building, at an estimated cost of $100,000. Max Bacon made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Vote on the motion carried 7-0. J 2) First.Bank of Atlanta requested a permit to build a mobile automatic teller at The Crossings Shopping Center on South Cobb Drive at a total estimated cost of $7,500. Max Bacon made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Elbert Coalson seconded the motion which carried 7-0. Privilege License: LaFiesta Restaurant requested a liquor, beer and wine pouring license for 21 1 South Cobb Drive. There was no opposition. Jack Shinall read the letter from Chief Little stating his investigation did not reveal any factors on a local basis that would prohibit issuance of the license. Attorney Frank Gore, John Mills, agent and Carlos Hernandez, owner were present. Elbert Coalson said he had no objection to the license being issued if the restaurant was operated properly and said he had received many complaints about the previous business at that location. Mr. Coalson asked Mr. Hernandez if he would have security guards. Mr. Gore said they had not anticipated using security, and did not think our ordinance required it. Mr. Hernandez said his family owned three other restaurants and had never had any problems because they are family -type restaurants. The bar will be reduced to about one-half the size it is now to expand the dining area and their primary interest is to serve food. Mr. Mills will work in the restaurant and be the designated agent to hold the pouring license. After further discussion, Elbert Coalson made a motion the license be approved. Jack Shinall seconded the motion which carried by a 7-0 vote. Residential Business License: Briitton W. Davis requested a residential business license for Smyrna Plumbing and Heating at 970 Cherokee Road, 2-C. Mr. Davis was not present and Elbert Coalson made a moiton the request be tabled to the next meeting. Jim Tolleson seconded the motion which carried by a 7-0 vote. Bid Openings: Bids for three (3) police pursuit vehicles were opened, read and recorded as follows: (EACH) (EACH) LARGE SIZE MID SIZE CARS Nalley Chevrolet $ 9,808(':88 $ 9,657.34 (90 days min.) Day's Chevrolet $10,612.96 $10,228.58 (60/90 days) Wade Ford $ 8,940.00 No Bid (60/90 days) James Williams made a motion the bids be turned over to the Public Safety Committee with their recommendation back to full council at the next meeting. Jim'Tolleson seconded the motion which carried 7-0.' Bids for sandblasting and replastering of Church Street and Jonquil Pools were opened, read and recorded as follows: Farris Pool Plastering Tiling: Rep 1 as`te r i ng College Park Ind. Welding, Inc. Sandblasting R. & H. Contracting Sandblasting Willis & Wiley Engineers, P.C. Sandblasting Plaster & Tile Work JONQUIL PARK CHURCH STREET $1,700.00 $1,275.00 9,922.00 6,966.00 Total ..... $19,863.00 $14,795.00.(both pools) $ 7,817.00 (both pools) $10,500.00 (both pools) $17,800.00 Sarah Jones made a motion the bids be turned over to the Parks Committee for their recommendation back to full council at the next meeting. Jack Shinall seconded the motion which carried 7-0. Elbert Coalson made a motion that bids be requested for an air compressor for the Street Department, to be opened the next meeting. Jim Hawkins seconded the motion which carried 7-0. December 6, 1982 - Continued Jack Shinall said the Privilege License Committee had met concerning the special fees for Sunday liquor sales and recommended a $1,000 fee for liquor, beer and wine pouring, and $500 for beer and wine sales only. Jack made a motion these fees be approved for 1983. Elbert Coalson seconded the motion which carried 7-0. Business License Fee Schedule: Max Bacon said the Business License Committee had met and recommended a revision of the fee schedule for business licenses, which has not been done in several years. In addition, several new classifications were added. Max said they contemplated using the gross receipts taxation but after revising the schedule and comparing it with Cobb County and Marietta, our rates are still lower. Max Bacon made a motion the business license fee schedule be approved as submitted, effective January 1, 1983. Jack Shinall seconded the motion which carried 7-0. Ordinance Amendment: Max Bacon made a motion that Section 402.25 of the zoning ordinance be amended by changing the definition of "Family" from one or more related persons or six or less unrelated persons occupying a dwelling unit and living as a single housekeeping unit, to three or less unrelated persons. Jack Shinall seconded the motion which carried 7-0. Max said we are having a problem with an increase of rental property in residential neighborhoods and this was the purpose of the revision. Ordinance Amendment: Max Bacon made a motion that Section 709.7 of the zoning ordinance be deleted in its entirety, upon the recommendation of the Planning and Zoning Board. This classification for office supply establishments is also con- tained in the General Commercial classification. Jim Hawkins seconded the motion which carried 7-0. Ordinance Amendment: Max Bacon made a motion that Section 6-95 of the Code of Ordinances be deleted in its entirety and replaced with the following: Fees for temporary signs shall be twenty-five ($25.00) dollars for each electrical or non -electrical sign. Permits shall be limited to a ninety day period from date of permit, and shall be renewable only after the lapse of seven (7) calendar days from the last day of the ninety day permit period, provided no other sign permit is pending or granted within two hundred (200) feet of the subject permit location, and after payment of all fees and application requirements required hereunder as for a new temporary permit. Jim Tolleson seconded the motion which carried by a 7-0 vote. Ordinance Amendment: Jim Tolleson said that after quite a bit of discussion with the Water Committee and City Clerk, it was decided to go back to the deposit system for new water, sewer and sanitation customers and read the proposed amendment as follows: 4' Section 22-4.1. Deposits for Service. The water department of the City of Smyrna shall from the date of passage of this ordinance have authority to require an advance deposit from all individuals, partnerships, firms or corporations requesting water, sewerage and sanitation service from the City of Smyrna and the City shall not be obligated to furnish service until the advance deposit has been received in its entirety. A deposit will not be refunded until the account is final billed. Deposit amounts will be applied to monies due on the date of the final bill, and the balance will be mailed to customer as a credit refund. Interest will be paid for deposits held for a period of twelve (12) months or more preceding January lst of each year. The rate of interest will be approved annually by the council. Interest paid will be applied to each account during January billing date of each year. A deposit may be required at the time water service is restored for all customers whose service was disconnected for nonpayment, and who do not have a current deposit amount on record. In the event thatany person, partnership, firm or corporation has failed to pay bills accumulated for the furnishing of water, sewer and sanitation \, pickup services, the water department of the City of Smyrna may, when such bills are forty-five (45) days in arrears, cut off said utilities and not be required to reconnect same until the charges have been paid in their entirety. December 6, 1982 - Continued Any individual, firm, partnership or corporation who shall turn on, or cause to be turned on, water services after the same has been terminated by the City of Smyrna shall, upon conviction, be fined not to exceed $300.00. Fees for advance deposits for water, sewer and sanitation service and interest rates as prescribed herein shall be on file with the office of the City Clerk. Jim Tolleson read the recommended fees for deposits as follows: All residential customers Commercial customers 3/4" meters ,.r r I,ia. Apartments (per unit): Nonrefundable service charge: Residential $15.00 Commercial $25.00 WATER SEWER $25.00 $25.00 �. �150.00 -50.00 C AN I TAT I nN $ 10.00 50.00 100.00 - 2 Yd. Cont. 200.00 - 4 Yd. Cont. 200.00 - 6 Yd. Cont. 200.00 - 8 Yd. Cont. 3.00 3.00 Interest on deposits will be paid annually at a rate of 1%. In answer to a question from Jack Shinall, Jim said the property owners will still be responsible for any unpaid bills. Jim Tolleson made a motion the amend- ment and recommended fees be approved. Sarah Jones seconded the motion which carried by a 7-0 vote. Jim Tolleson made a motion the 1983 Georgia Municipal Association dues in the amount of $3,474.46 be approved for payment. Jack Shinall seconded the motion which carried 7-0. Conveyance Deeds: Max Bacon read a request from Herbert Lee and Robert Fox, adjoining property owners on Ann Road requesting that the abandoned right of way at the northeast end of Ann Road be conveyed to them. Also, a request by W. L. Hogue and Robert L. Ridder that the abandoned right of way at the so6th'end of,Hickory Place be conveyed to them. Max made a motion the property be deeded as requested, with the property owners to share the cost of legal fees involved. Jim Tolleson seconded the motion which carried by a 7-0 vote. Jim Tolleson said the Department of Transportation had approved traffic signal- ization on Spring Road at Bell Drive and read a letter from Ken Minchew, developer of Afton Downs requesting installation of the light. Mr. Minchew stated funds for the light would be available through South Downs, Inc., as soon as they were required. Jim said this would be a short cycle light and would like to have it installed before Christmas. Jack Shinall said he did not think the light would help the traffic situation. Also, the original letter from the State recommended a connecting street between Afton Downs and Falling Waters which would be an alternative method of correcting the traffic problem on Bell Drive. Following discussion, Jim Tolleson made a motion the light be approved. James Williams seconded the motion which carried 5-2, with Max Bacon and Jack Shinall opposed. James Williams made a motion the second meeting of January be changed to Tuesday, January 18th due to the Mayor's Day meeting in Atlanta on January 16th and'17th. Max Bacon seconded the motion which carried 7-0. Jack Shinall made a motion the minutes of November 1, 1982 be approved as submitted. Jim Tolleson seconded the motion. James Williams amended the motion to correct the minutes to show Jim Farley, Civil Defense Director, as being in attendance. Max Bacon seconded the amendment. Vote on the amendment and main motion carried 6-0, with Elbert Coalson abstaining. Jim Hawkins made a motion the minutes of November 15, 1982 be approved as submitted. James Williams said there was also an error in the minutes of November 15th in the closing of the dead-end streets. The minutes stated the northwest end of Beech Valley Drive would be closed and it should have been an unused spur or street ` going northeasterly from Beech Valley Drive. After discussion, Jim Hawkins with- December 6, 1982 - Continued drew the motion. Attorney Camp said if the street closing was improperly posted, we would have to readvertise and repost the street at the proper place. Jim Tolleson made a motion the minutes of November 15th be approved with the exception of the closing of Beech Valley Drive at the northwest end. Jack Shinall seconded the motion which carried 7-0. r Committee Reports: Sarah Jones said with the increased traffic at the Crossings Shopping Center it really caused a problem when cars parked in the fire lanes, and asked the cooperation of people shopping there to not park in these lanes. Sarah also asked Chief Little to see that this is strictly enforced. (Parks) Sarah Jones said the Park Rangers would be redirecting traffic on Memorial Place for the tree lighting ceremony on Atlanta Road from 8:00 to 8:15 p.m. on December 9th, and Sherry Reavis invited everyone to attend. (Library) Doris Morris said that December 22nd, puppeteer Tommy White would be performing at the Library at 1:30 p.m. Jim Hawkins said he agreed that no parking should be allowed in fire lanes, but thought our policemen should be more considerate for people sitting in their cars in the fire lanes waiting to pick someone up, and ask them to move rather than issue a ticket. (License and Permits) Max Bacon said the game room ordinance would be ready for approval at the next meeting and thanked everyone in the License and Permit office for the good job they had done in revising the business license fee schedule. (Water) Jim Tolleson read a letter from Lincoln Properties commending Tom Collier of the Water Department for the good job he did in handling an emergency situation over the Thanksgiving holidays. Jim Hawkins made a motion the rules be suspended to allow him to place a motion on the floor. Max Bacon seconded the motion which carried 7-0. Jim Hawkins said that bids had been requested for reroofing of City Hall and the Police Station, and the only bid submitted was from Better Industries, Inc. Their bid was $12,166 for City Hall and $10,942 for the Police Station. Jim made a motion this bid be accepted since the roofs are badly in need of repair, to be paid from the Contingency Fund. Jack Shinall seconded the motion which carried by a 7-0 vote. Announcements: Festival of Music and Tree Lighting on December 9th; Jonquil Breakfast sponsored by the City of Smyrna on December 15th; C.M.A. Christmas meeting on December 15th; next council meeting December 20th. With no further business, meeting adjourned at 9:02 p.m. I. I•.. i. .. .. I♦ I. .. I. .. I.I. I. I. .. i. .♦.. I. .. .. .. .♦ December 20, 1982 The regular scheduled meeting of Mayor and Council was held December 20, 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, Assistant Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Building Inspector Larry Dunn, Assistant Librarian Monika Myers, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. Citizen Reports: Carl Rosenfelt, a vending machine company owner stated he felt the $10.00 fee being assessed for postage stamp vending machines was excessive and G' felt a more reasonable fee should be set. His sales for one machine in 1982 was $270.50 of which $160.30 was inventoried, and said our new fees would probably prohibit him from doing business in the City. Mr. Rosenfelt said in many areas the fees are not above $1.00 per machine and in some states they have waived the fee completely. At present, he has about eleven machines in the City. Mayor Bacon suggested that Mr. Rosenfelt meet with the Business License Committee since they had established the new fee schedule.