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06-25-1984 Regular Meeting (2)June 25, 1984 The regular scheduled meeting of Mayor and Council was held June 25, 1984 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 E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Parks and Recreation Director Sherry Reavis, Assistant City Clerk Melinda Hiatt, Civil Defense Director Jim Farley, Librarian Doris Morris, and representatives of the press. Invocation was given by James Williams, followed by the pledge to the flag. Mayor Bacon introduced John Delves and Tom McNeal, candidates for the Board of Education. Citizens Reports: Charlie Nesbitt, a resident of Hillsdale Condominiums requested approval for residents of Hillsdale to hold a road race on Saturday, June 30th, and also asked for additional police protection on Village Parkway during the race. Barbara Hodges, a resident of 3730 Wisteria Lane presented a petition containing 155 names requesting an inquest into the past and present rulings of Recorder's Court Judge C. V. Reeves. Mrs. Hodges said there was an individual that had been cited into court on numerous occasions for reckless driving and speeding through her neighborhood. When the cases go to court, Judge Reeves either dismisses them or charges a small fine. Mrs. Hodges said -our police officers were doing their job by writing the tickets, and she personally has taken warrants against this man, but when they go to court they are not allowed to speak. Jim Hawkins said he has met with Mrs. Hodges previous to this meeting concerning her complaint and felt it would not be proper for council to conduct an investigation since Judge Reeves is appointed. After further discussion, Jim Hawkins made a motion the petition be made a part of the record and forwarded to the District Attorney's office with a letter from the City asking him to look into this matter. Hugh Ragan seconded the motion. Jack Shinall stated the motion was out of order since this item was not on the agenda. The motion and second were withdrawn and Jim Hawkins then made a motion the rules be suspended. Jim Tolleson seconded the motion which carried 7-0. Jim Hawkins then made a motion the petition be made a part of the minutes and a copy forwarded to the District Attorneys office along with a letter from the City requesting him to look into the matter, with a report back to this body. Hugh Ragan seconded the motion. Jack Shinall asked if this had been discussed with the Police Committee and Mr. Ragan and Mr. Hawkins said it had. Max Bacon said he would prefer to have the Police Committee look into the complaint first and let them make a recommendation. Chief Little said he was familiar with the problem and was at Mrs. Hodges home during the last incident, where her son was almost hit by a car while in his yard. This man has had 12 to 15 cases made against him, with 4 bound over to State Court and 2 cases now pending in State Court. On one incident, his licenses was suspended for 6 months. Chief Little said this man was a problem, and there are one or two more. After further discussion, vote on the motion carried 7-0. Sue Brissey said she had spoken with her councilman recently regarding signs in the City and found out that he does not believe in removing signs. Mrs. Brissey said she felt the work she and her husband had done the past few years was for the good of the City but was discouraged after talking to her councilman and was now out of the sign business. Hugh Ragan said he had a long telephone conversation with Mrs. Brissey recently but did not interpret it as she.stated.;y In response to Mrs. Brissey's remarks, Mayor Bacon read an article from the Houston County newspaper commending the City of Smyrna for their sign ordinance. Resolution: Max Bacon said that in January 1984 Welker and Associates prepared a survey and evaluation of our sewer lines and found a lot of problems throughout the City. The lines are in bad shape, and we are losing money from infiltration. Jim Belk with Welker & Associates said that 75% of the sewer system evaluation study was paid through EPA funding to determine the condition of our system and how much infiltration we have. They studied 79 miles of lines in the City and made their recommendations in January. Mr. Belk said the entire system needs to be re- habilitated and they have estimated the cost at $4,000,000 over an estimated 30 month period. The problems are wide -spread and they propose to start by sections in the City and complete the rehabilitation in that area so as to not have the entire city torn up at one time. This proposal was submitted to EPA in March 1984 June 25, 1984 - Continued and in April we received a letter from them concurring in the findings of the report and recommending that we proceed with the recommendations made in the report. Mr. �\ Belk said savings of $57,000 per year were estimated through elimination of inflow and $180,000 per year savings from infiltration. There has been no major rehabili- tation of the city's lines in a number of years and the system will continue to deteriorate if the rehabilitation is not done. Gordon Mortin with Lex Jolley & Associates spoke and said the revenues derived from the City's water and sewer system are sufficient to support a $4,000,000 bond issue. The bonds would be payable from revenues of the system with no pledge of assets or tax money. The ordinance approved tonight will authorize the Mayor to execute a letter of understanding to authorize Lex Jolley & Associates to prepare documents necessary to proceed with purchase of the bonds. There will be absolutely no tax increase involved. The last rate increase will support operating and main- tenance expenses and meet interest and principle payments on the bonds. Mr. Mortin said the County would like to go to a metered system for sewage treatment and this would be very beneficial to us after the rehabilitation is completed. After further discussion Max Bacon made a motion the ordinance be adopted and made a part of the minutes and also the Mayor be authorized to execute a letter of understanding to Lex Jolley & Associates authorizing them to prepare the documents necessary to proceed with the water and sewer bond issue for proposed improvements in accor- dance with plans and specifications prepared by Welker &.Associates. Jack Shinall seconded the motion which carried 7-0. \ Annexation: Francis Lott requested annexation of approximately 1 acre in Land ' Lot 302 at Jones Shaw Road and Old Concord Road. There was no opposition and Kathy Brooks made a motion the property be annexed to be a part of Ward 6, the legal description having been read and made a part of the May 21, 1984 meeting. Jack Shinall seconded the motion which carried 7-0. Rezoning: Francis Lott requested rezoning of property just annexed, from G.C. and P.S.C. to Office/Distribution. Mr. Lott said he proposed to build a self service storage facility beginning with 350 units and later adding an additional 100 units. Mr. Lott said they have developed 4 of these facilities over the past several years. Also, he has contacted the pastor of the church next to the property and received their approval of the proposed construction. They will maintain an on -site resident manager for security reasons and also felt this type development would be a low traffic generator. Mr. Lott said they hoped to begin construction within 60 days. There was no opposition and Kathy Brooks made a motion the rezoning be approved. Jim Hawkins seconded the motion which carried 7-0. Annexation: Richard W. Vaughn requested annexation of 3.25 acres in Land Lots 608 and 617, adjacent and to become a part of Highlands Park. There was no opposition and Hugh Ragan made a motion the property be annexed to become a part of Ward 7, the legal description having been read and made a part of the May 21, 1984 minutes. James Williams seconded the motion which carried 7-0. Variance: Cumberland Townhomes requested a variance to exempt chimneys on end units from the setback requirement on Lots 11, 15 and 16 of Unit II, Block C and Lot 40 of Unit III, Block C. Ralph Bauman represented Cumberland Townhomes and in response to a question from James Williams, said he was not aware the variances would be required when this property was purchased from Homeland Communities. Mr. Bauman said it was called to his attention at the time of the final survey. The variances on each building vary from several inches to 2 feet and these are canti- levered chimneys with some being as high as 8 feet from the ground. There was no opposition and James Williams made a motion the variances be approved. Jim Hawkins seconded the "motion wYficfi` carried -7-0. Commercial Building Permits: In the absence of' Larry Dunn, commercial building permits were presented by Hugh Ragan and recorded as follows: (1) Burger King at 2200 South Cobb Drive requested a permit for addition of an atrium to the building at 'an' estimated cost of $20;000.'Hugh Ragan 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. (2) Burger King at 2200 South Cobb Drive requested a permit to add a 12' x 18' storage room at a total estimated cost of $7,200. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Kathy Brooks seconded the motion which carried 7-0. Residential Business License: Michael Bennitt requested a residential business June 25, 1984 - Continued for Bennitt Electronics Service at 846 Wayland Court. Mr. Bennitt said he would service studio tape players and recorders and would not be using his home for repair -, work. Mr. Bennitt said he understood the home occupation requirements and would ( only have his two personal vehicles at his home. Kathy Brooks told Mr. Bennitt we have had problems lately with residential business licenses and wanted to be sure he understood the requirements. After further discussion, Kathy Brooks made a motion the license be approved. Jim Hawkins seconded the motion which carried 5-2, with James Williams and Jack Shinall opposed. Residential Business License: Richard Whidby requested a residential license for Authentic Video Services, Inc., 2031-F Lake Park Drive. Don Mize represented Mr. Whidby and said the applicant would be video taping in homes ,for insurance purposes and also taping weddings, receptions, etc. His car will not have any advertisement or signs and on occasion would have some equipment stored in his apartment, similar to what is used to televise council meetings. There would be no pickup or delivery and no retail sales. The sole purpose of the license is to have his telephone and mailing address for business purposes and all business is conducted at the clients residence. There was no opposition and Jim Tolleson made a motion the license be approved. Jim Hawkins seconded the motion which carried 6-1, with James Williams opposed. The request by Walt Hendry for the City to proceed with condemnation of private property to install a sewer line was withdrawn. Approval of 1984/85 Budget: James Williams said this was a good budget and Willouise Spivey had done an excellent job in her leadership in preparing it. The Revenue Sharing budget hearing will be the second meeting in July. James read the proposed budget as follows: General Fund $6,402,145 Water Revenue $2,513,400 E&C $ 385,000 State Grants $ 102,920 1954 Sinking $ 81,757 W&S Sinking $ 107,000 Revenue Sharing $ 187,760 TOTAL -ALL FUNDS $9,772,982 Administration $ 921,758 Police $1,722,023 Fire $1,343,742 Sanitation $1,045,730 Parks $ 585,804 Streets $ 514,334 t Garage $ 81,070 Library $ 125,392 Civil Defense $ 62,292 James Williams made a motion the budget be adopted as presented, seconded by Max Bacon. James Wiliams also stated as a result of the recent adverse publicity con- cerning our Police and Fire Departments, the Finance Committee, in reviewing the 1984/85 budgets carefully examined the budget requests from these two departments. For the first time in many years, the entire budget, with the exception of Revenue Sharing, was approved as submitted by the department heads. In fact, the Finance Committee recommended that certain portions of the Police and Fire budgets be in- creased to be sure that these two departments. will be „adequately staffed -.,and trained, but was assured by both Chief Little and Acting Chief Cochran, the budgets submitted were sufficient. Vote on the motion to approve the budget carried 7-0. Roland W. Malz requested approval to move a home into the City to Lot #5 of Rose Garden Hills Subdivision. Mr. Malz said the house is currently sat the corner of Windy Hill and..Cobb Parkway. -and has to be moved because a shopping center is being built there. Mr. Malz said the internal plumbing and wiring is completed, and meets building codes. The lot is heavily wooded and he will leave as much trees and foliage as possible. James Williams said he personally felt the house, a geodesic design, is not compatible with the area. Jack Shinall asked Mr. Malz if he understood that he would be responsible for any damage to the streets or power lines when he moved the home and the answer was yes. Mr. Malz said he had about $50,000 invested already and would complete the move as quickly as"possible, hopefully in 30 to 45 days. He also said because of the density of the lot, he felt the house would be compatible with the surrounding neighborhood. James Williams June 25, 1984 - Continued made a motion approval be given to move the house into the City, with the understanding it be ready for occupancy within 60 days. Jim Tolleson seconded the motion which carried 6-1, with Max Bacon opposed. r' Approval of Easement: Rob Berry request approval for a drainage easement across one corner of Whitfield Park. James Williams said this was tabled at the last meet- ing because Mr. Berry was not notified to be present and made a motion the easement be approved. Jim Tolleson seconded the motion which carried 7-0. Approval of Minutes: Jack Shinall made a motion the minutes of May 7, 1984 be approved as corrected. James Williams seconded the motion which carried 7-0. Parks & Recreation Commission: Hugh Ragan stated that Mitchell Greeson had resigned from the Parks and Recreation Commission and made a motion that Jerry Hughes be appointed to fill the unexpired term to represent Ward 7. Max Bacon seconded the motion which carried 7-0. Committee Reports: (Library) Doris Morris reported on library activities. (Parks) Jack Shinall announced that by agreement of council, Sanford Place would be closed to all through traffic during the Pony League tournament at Cobb Park. Jack Shinall said the City of Smyrna is hosting the State swim meet again this - \ year and they are raising money by selling ads in their program. Anyone wanting i to buy an ad should contact Sherry Reavis. Jack Shinall said a short time back, council approved an amendment for the use of the surplus property at Dobbins. We have received a letter from Claude Reams with the Department of Interior approving our amended use plan. Jim Hawkins made a motion the rules be suspended. Hugh Ragan seconded the motion which carried 7-0. Jim Hawkins said that several council members will be out of town for the meeting of July 2nd and made a motion the first meeting in July be rescheduled to July 9th. Jim Tolleson seconded the motion which carried 7-0. (Public Safety) Jim Hawkins said the Civil Defense rescue truck has been delivered and should be in operation within 3 weeks. Jim Hawkins said the Public Safety Committee has sent a letter to the Civil Service Board formally requesting them to establish qualifications for Fire Chief and hope- fully this can be ready for the next meeting. Also, they are in the process of testing for 6 additional police officers. (Finance) James Williams thanked the department heads and members of council for their support in getting the budgets prepared. F � 1 Jim Tolleson said he has received more complaints about speeding on Spring Road and stated that something must be done. Mayor Bacon said he appreciated everyone's cooperation during his illness and assured them he would not take quite so long now in returning his calls. With no further business, meeting adjourned at 9:35 P.m. ART UR T. BACON, MAYOR �G. MES E. TOLL_WARD 1 J4MtS "W�.3!rIAMS , VARD 3 WI U'I,�E C . SPIVEY , CIT VGLERK MA BACON, WARD 2, JAMES MHAWKINS, WARD 4 . -, ZU4,z,.', K SHINALft!�WARD 5 KATHY BRO S , WARD HUG RACXN, WARD 7