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07-09-1984 Regular Meeting (2)t July 9, 1984 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter -� on July 9, 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, Assistant Public Works Direc- tor Vic Broyles, Parks and Recreation Director Sherry Reavis, Civil Defense Director Jim Farley, Building Inspector Larry Dunn, Librarian Doris Morris, and representa- tives of the press. Invocation was given by Jim Hawkins followed by the pledge to the flag. Mayor Bacon introduced Don Jones and Sammy Hawkins, candidates for State Court Judge and Emmett Burton, candidate for Eastern District Commissioner. Citizens Reports: Beryl Renfroe and another citizen from Falling Water Drive com- plained of recent flooding at Afton Downs and Falling Waters. Vic Broyles said the developer of Falling Waters was replacing the 24" pipe with a 30" pipe and the size of the retention was adequate and had never filled to capacity. Jack Shin - all suggested a stop work order be placed on the unfinished units until these problems are corrected. Sue Brissey stated the businesses on Concord Road have still not complied with their paving requirements and the time limit had already expired. It was agreed that those still in violation would be notified by letter that they were in viola- tion. Mrs. Brissey also complained of pot holes on Concord Road. Robert Kerr, a resident of Stephens Street complained of extremely low water pres- sure. Vic Broyles said they were aware of the problem and thought somebody had cut a valve off or it could be a dead end line causing the problem. Rezoning: Michael Malerba requested rezoning of property on McLinden Avenue in Land Lot 452 from R-15 to Office/Institutional. Mr. Malerba was not present and Jim Hawkins read the minutes from the Planning and Zoning Board meeting where they recommended the rezoning be denied. Based upon their recommendation and the fact the applicant was not present, Jim Hawkins made a motion the zoning be denied. Jack Shinall seconded the motion which carried 7-0. Rezoning: Alice P. Reed requested rezoning of 0.64 acres on Church Road in Land Lot 450 from R-20 to RD-4. There were several in opposition and the representative for the opposition was sworn in by Attorney Camp, along with Paul Chastain repre- senting the applicant. Mr. Chastain said they had realized that due to the topo- graphy of the property, development may cause a problem with water runoff and asked that the rezoning be withdrawn. Jack Shinall made a motion the request to withdraw be approved, seconded by Jim Hawkins. Mr. Camp said our ordinance now states that 7 requests for withdrawal must be made 48 hours prior to the scheduled meeting and if council approves the withdrawal they may not be able to prevent him from re- applying before the required one year waiting period has expired. The motion and second were withdrawn and Mr. Camp said further action was not required. Privilege License: Quick Thrift Food Store at 3231 South Cobb Drive requested a beer and wine package license. Joe Belcher, Corporate Manager represented Quick Thrift and there was no opposition from the audience. Jim Hawkins read the police investigation which was favorable and said the survey indicates no churches, resi- dences or parks within 600 feet of the location. With little discussion, Jim Hawkins made a motion the license be approved. Jim Tolleson seconded the motion which carried 7-0. Residential Business License: Brenda L. Long requested a residential business license for LL, Inc. at 1036 Huntington Trace Court. There was no opposition from the audience. Ms. Long said she was promoting logos for shirts, visors, etc., and would be selling to bars and college campuses. There will be no sales from her home and she wanted the license just to use one room of her home as an office. Jim Hawkins reminded Ms. Long that if we had any complaints from her neighbors about the business in her home, the City would be back in touch with her. Ms. Long assured council there would be no pickups or deliveries and her merchandise would be picked up at the airport and not stored at her home. Jim Hawkins made a motion the license be approved. Max Bacon seconded the motion which carried 4-3, with Kathy Brooks, Hugh Ragan and James Williams opposed. Variance: Robert B. Pruitt represented the Crossings Shopping Center in their request for an additional sign at the entrance to the shopping center and also July 9, 1984 - Continued to extend the height of the sign to 45 feet instead of the 35 foot minimum required by the City. Mr. Pruitt said this would be a. pylon sign, similar to the existing 30 x 15 pylon sign with approximately 10 to 12 logos representing their tenants. They have had many requests from their other tenants for identification of their business on the street. If approved, this sign will be approximately 300 feet from the existing sign and they would also agree to have no more temporary or portable signs on the property. Mr. Pruitt said the increased height was necessary due to the grade of the property but would appear to be no more than 30 or 35 feet high. Jim Hawkins made a motion the two variances be approved. Jack Shinall seconded the motion which carried 7-0. Variance: Leon C. Greeson requested a variance to extend his driveway and build a garage to within 4 feet of the adjoining property line at his home at 826 Bank Street. There was no opposition and Mr. Greeson had a letter from the adjoining property owner stating he had no objections. Jack Shinall made a motion the variance be approved. Jim Hawkins seconded the motion which carried 7-0. Variance: . Fred Shope requested a variance on side and rear yard setback require- ments from 25 feet required to 11 feet for construction of a 30 x 30 accessory building at 1680 Spring Road. There was no oppositon from the audience and Mr. Shope also had letters from the adjoining property owners stating they had no opposition. Max Bacon said this appeared to be an open building or shed and did not understand why it was called an accessory building. Mr. Shope said it was an open building with no paving and no utilities. Attorney Camp said that in any motion made it should be called a canopy if it is not an enclosed structure and only a roof type building. Mr. Shope said the building was being used for boat storage at his business and he had no plans to enclose the structure. Jim Tolleson made a motion the variance be approved for a canopy. Max Bacon seconded the motion which crried 5-2, with James Williams and Hugh Ragan opposed. Variance: Cumberland Townhomes requested a variance on Lot 18, Block C for a one foot encroachment on the front building line. A representative from Cumberland Townhomnes said the stake was apparently moved at the start of construction and the one foot encroachment was not discovered until the time of the final survey. James Williams made a motion the variance be approved with a $200 fine assessed against Cumberland Townhomes. Jack Shinall seconded the motion which carried 7- 0. Commercial Building Permits: Commercial building permits were presented by Inspector Larry Dunn and recorded as follows: (1) Lincoln Properties at 2300 Lake Park Drive requested a permit for 3rd floor interior tenant work at a total estimated cost of $200,000. Max Bacon made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 7-0. 3 (2) Lincoln Properties requested a permit for interior tenant work on the 4th floor of the office building at 2300 Lake Park Drive at a total estimated cost of $200,000. Jim Hawkins made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jim Tolleson seconded the motion which carried 7-0. (3) Wefelmeyer Construction Company requested a building permit for construction of a pool with building enclosure at 4040 King Springs Road at a total estimated cost of $147,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jim Tolleson seconded the motion which carried 7-0. (4) Pizza Hut at 2542 Atlanta Road requested a building permit for addition of a dry storage and dough handling building at a total estimated cost of $11,800. Jack Shinall 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. (5) Holt & warehouse at made a motion Fire Marshal. Holt, Inc. requested a building permit for construction of an office 1286 Hawthorne Avenue at a total estimated cost of $177,500. Max Bacon the permit . be approved subject to approval of the City Engineer and Jim Hawkins seconded the motion which carried 7-0. Conveyance Deed: James Williams said that about 11 years ago an old city well on North Avenue was approved for conveyance to the Wheeler family living at the July 9, 1984 - Continued location but apparently they never followed through with having the deed prepared and recorded as it should have been. Since then the property has been sold and the new owners have requested the city well and also an abandoned alley adjoining their property be deeded to them. James Williams made a motion the abandoned alley be advertised and posted for closing the first meeting in August. Jim Hawkins seconded the motion which carried 7-0. Approval of Condemnation: Jim Tolleson made a motion the City Attorney be authoriz- ed to proceed in condemnation of property belonging to Dennie Stone and Barbara Towns so that bids can be requested for the installation of the Stephens Street sewer line. Also, the City has been acting on Charlie Jones' behalf in obtaining easements for his new construction of apartments off South Cobb Drive and it will be necessary to proceed in condemnation of property belonging to Rosanna M. & Angelo Masi and Robert B. McDonald for installation of the sewer line for this project. Jack Shinall seconded the motion for discussion. Attorney Camp said these people have been approached by Mike Satterfield about obtaining the easements and we have not been able to reach completion. Offers were made according to surveys made by Professional Real Estate Appraisers. In response to a question from Max Bacon, Mr. Camp said the sewer line involving the McDonald and Masi properties would be run within the creek basin and within the 100 year flood plain and therefore not buildable. The Towns property is considered a "friendly" condemnation since Mrs. Towns is recently deceased and her property tied up in the estate. Jack Shinall said he also wanted to confirm that Mr. Jones would bear the expenses of condemna- tion on the Masi and McDonald property. After further discussion the motion and second were withdrawn. Jim Tolleson then made a motion the City Attorney be authorized to proceed with condemnation of the properties if unable to obtain acquisition of the land, seconded by Max Bacon. Max Bacon and Hugh Ragan both said they had some problem with approving a condemna- tion and felt it should have been discussed in more detail before tonight. Willouise Spivey stated if we do not act soon on the Stephens Street sewer line we will lose the money allocated under the Community Development Block Grant program. Jack Shinall amended the motion to state that we proceed with turning over the Stephens Street condemnations and hold the other two until the next meeting. Max Bacon seconded the amendment. Vote on the amendment and main motion carried 7-0. Approval of Bids: Max Bacon made a motion bids be opened at the August 6th meeting for installation of the Stephens Street sewer line which will be paid under the Community Development Block Grant program. Jack Shinall seconded the motion which carried 7-0. Jim Tolleson read a list of 22 streets to be paved under the Local Assistance Road Program and made a motion the Mayor be authorized to sign the contract with the State. Max Bacon seconded the motion which carried 7-0. Jack Shinall said the van used by Parks and Recreation was recently totaled in ' a wreck where the other driver was at fault. This was a 1977 van and the insurance settlement was $3,700. They have contacted several dealerships and found a van at Wade Ford for $13,932.36. Jack said the Parks Department has been renting a van for their Senior Citizens and other summer activities and made a motion the emergency purchase be approved. Kathy Brooks seconded the motion which carried 7-0. Approval of Minutes: Jim Tolleson made a motion the minutes of June 4, 1984 be approved as submitted. Jack Shinall seconded the motion which carried 7-0. James Williams made a motion the minutes of June 25, 1984 be approved as submitted. Hugh Ragan seconded the motion which carried 7-0. Committee Reports: (Library) Doris Morris reported on Library activities. Kathy Brooks said she received a call last week, and was herself concerned about people parking in spaces marked for the handicapped. Kathy said she would like to see a much stricter ordinance and possibly increase the amount of fines we charge for parking in handicapped spaces. (Parks) Sherry Reavis reported the security road at the Dobbins property is finally i_ paved. Jack Shinall thanked the Parks staff for the fine job they did in the 4th of July celebration at King Springs Park. Jack Shinall said he thought the project at South Cobb Drive at Bank Street should be checked again because it appears there has been more grading taking place, with July 9, 1984 - Continued no soil and sediment control measures taken except for the first 50 to 75 feet �- down the creek. i (Public Safety) Jim Hawkins said the Civil Service Board is working on requirements for hiring a Fire Chief and he hoped they would have a recommendation by the next meeting so that we can begin testing. (Finance) James Williams reminded everyone that the 1984/85 Revenue Sharing public hearing would be held the next meeting. Max Bacon asked about the status of the Future Land Use dap: Willouise Spivey said they are finishing up now and should be ready for the first public hearing soon. Max Bacon said council has talked about raising the fees for variances and he would like to see it done. Hopefully this may cut down on some of the variance requests we are receiving. Jim Tolleson said he would also like to give some of them to the Zoning Board for consideration before coming to Council. Mayor Bacon read a letter received on July 3rd from the Department of Natural Re- sources concerning soil and sedimentation control which stated the City has failed to control erosion in certain areas. Six developers in Smyrna were recently found to be in violation. As a result of that letter, Mayor Bacon said a meeting was held with all builders and he felt everything was worked out. With no further business, meeting adjourned at 9:05 p•m• July 16, 1984 The regular scheduled meeting of Mayor and Council was held July 16, 1984 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Protem Jim Tolleson. All council members were present. Also present was City Clerk Willouise Spivey, Jim Whitfield representing City Attorney Charles E. Camp, Assistant Public Works Director Vic Broyles, Acting Fire Chief Hubert Cochran, Assistant Librarian Monika Myers., Civil Defense Director Jim Farley and representa- tives of the press. Invocation was given by Jack Shinall, followed by the pledge to the flag. . There were no citizens reports. �T 3 1 Rezoning: Central Glenn, Inc. requested rezoning of property at the corner of Concord Road and Hollis Street in Land Lot 485 from Limited Commercial and Future Commercial to Neighborhood Shopping. Mr. Ray Newton represented Central Glenn and said they would like to construct a building containing approximately 6,000 square feet for retail sales. They felt this was the highest and best use of the property. Mr. Newton said he disagreed with the Zoning Board recommendation and felt they did not deal with the issues at their meeting. The next item on the agenda was a variance request on the same property and Mr. Newton said his architect had recom- mended a 20 foot rear yard setback instead of -the 30 feet required by our ordinance. They would like to have the reduced setback approved, but could still develop the property with the 30 foot setback. Mr. Newton said there is already retail sales on Concord Road and the trend has already been established. There was one person in the audience in opposition, but did not wish to speak. Following a question from Jim Hawkins, Mr. Newton said they would have 5 or 6 stores in the shopping center for rent and they did not want to be limited on the use of the property; he felt the Limited Commercial category was too restrictive. Jim Hawkins said he had some problem with 5 or 6 stores with the size of the lot and the traffic was terrible now.. Also, Hollis Street is a residential street and the plans were showing an exit onto Hollis. Mr. Newton said he was completely surrounded by commercial property including the property to the north. Jim Hawkins said if it was commercial, he was not aware of it, though there may be some Future Commer- cial on Dell Avenue. Jack Shinall said he felt the present Limited Commercial zoning was very good and not restrictive and felt Mr. Newton would not be denied the use of the property by denying the zoning. After further discussion, Jim Hawkins made a motion the