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September 12/19/28, 1977 Council Meeting September 12, 1977 The regularly scheduled meet~ng of Mayor and Council was held pursuant to the Charter on September 12, 1977 at City Hall, Smyrna, Georgia. The meeting was called to order by pres~ding officer Mayor Arthur T. Bacon. All Councilmen were present. Also present was Attorney Chuck Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Building Inspector David Granade, Police Chief Everett Little, Assistant Fire Chief Hubert Cochran, Public Works Director Jim David and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the Flag. Luther Giesler of Parkway Drive asked if there was any way the city could give homestead exemption on property owned jointly, when only one spouse was 65 years of age or older. Je stated our ordinance was the same as the state-wide ordinance but said check with the state. Attorney Camp advised us to get a ruling from the Attorney General. Bob Smith of the Shiloh Christian Academy asked permission to use King Springs Park for their physical education program. He stated they had approximately 150 students and he would like to use the park two days a week from 10:00 a.m. until 3:00 p.m. for ball practice. Mr. Canada said he understood the school had used the park in the past but was turned down this year by the Parks Director because the swimming pool would be under construction and he was afraid the children would be endangered. Mr. Canada advised Mr. Smith this would need committee approval only, and that he would advise him of the decision. Richard DeBord, 811 Church Street. asked that the littering ordinance be enforced. He said he lived on a main thoroughfare and had to pick up bottles and trash before he could cut the grass. John Bromall, Publicity Chairman of the Presbyterian Church, announced the Fifth General Assembly of the Presbyterian Church in America will be hosted by the Smyrna Presbyterian Church September 12th through 16th. Over 1.000 people are expected to attend. He stated the Smyrna First Baptist Church has offered the use of their facilities. The meeting on Wednesday night will be open to the public and he urged Mayor and Council to attend. Mayor Bacon announced a number of City Firemen. Policemen and Civil Defense workers successfully completed the Emergency Medical Training course. as of August 31st. with the highest class score ever made in the State of Georgia. Fireman Donn Flemming made the highest individual score ever made in the State. Mayor Bacon congratulated these employees and Councilman Jim Tolleson presented them with EMT pins. The instructor for the class was Andy Krantz. Those completing the course are as follows: Firemen Carr, Jerry Collins, Jack Collins, Stephen Cordle, George Flemming, Donn Douglas, Steve tephen . David Mahaney. Thomas Newton. Mike Padgett, James T. Phillips, Lynward Prather, Donald Stubblefield, Herbert Thomas, Gilbert Towe, Ronald Vann, John T., Sr. Wehunt, Samuel Policemen Bates, Lavon Hansen, George Arseneault. Nanette Stephens, Debra Traylor. Erwin. Jr. Traylor, Renee Homer Kuhl requested property located at 1130 Concord Road be rezoned from R-15 to Future Commercial. Jim Hawkins stated the Planning and Zoning Board recommended this property be rezoned and he made a motion the rezoning be approved. Jerry Mills seconded the motion and the vote was unanimous. (Continuation of September 12, 1977 meeting) Jesse E.Woods requested property located at 1030 Church Street be rezoned from R-15 to RM-IO (Triplex). After seeing a large number of people in oppo- sition to this zoning. Mr. Woods asked to have the hearing delayed until he could obtain legal counsel. Jerry Mills stated that since it had been advertised and posted the hearing would be tonight, he thought we should hear it. Rem Bennett made a motion to hear the zoning request. Jim Hawkins seconded the motion and the vote was unanimous. Mr. Woods stated he wanted to build one building, with two units on the top and one on bottom. one of which he would occupy. He the building would. be a brick structure. and since there was already apartments, single family dwellings and a duplex on the street, he could s.ee no reason that the property should not be zoned. It was brought out that ou'!:"p'!:"esent Zoning Ordinance does not have a classification for a triplex, and if zoned as requested. and Mr. Woods should sell the property, an apartment complex could be built. A triplex classification is being considered in the new amendments. Jay Sharpe. 3081 Clifton Road. spokesman for the oppo- sition. stated the schools were overburdened, apartments in the ar<;;a were vacant, there was already a drainage problem and traffic on Church Street was heavy. Jim H?wkiIlS made a motion the rezoIliIlg be denied. Jim Tolleson seconded the motion. During discussion Bill Darby said he did not see the difference in the zoning for a triplex and the zoning for the duplex approved earlier. Jim Hawkins said it would mean more drainage into the water shed which was already causing trouble and he recommended the property not be rezoned until the zoning amend- ments were approved. Vote on the motion was six for and one against. Jim Tolleson, Jerry Mills. Jim Hawkins, C. O. Canada, Elbert Coalson. and Rem Bennett voted for the motion. Bill Darby voted against. Jim Tolleson made a motion to table the request for a residential business license, Ike H. Boyette, Jr., 2950 South Cobb Drive, Apt. 30-1, until the since Mr. Boyette was not present. Bill Darby seconded the motion was unanimous. next and Rem Bennett made a motion the request for a Bingo License for the Fraternal Order of the Orioles, 3265 South Cobb Drive, be tabled until a ruling had been made on the Amvets injunction. Elbert Coalson seconded the motion. Horace Crowe, Attorney for the. Orioles. requested the delay. After discussion, vote on the motion was unanimous. Commerc:tal building permits were submitted by Building Inspector David Granade and upon his recommendation the following action is recorded: (1) Cobb County Board of Education requested a permit to build a rifle range under the old gym at Campbell High School on Atlanta Road. Plans met the requirements of the Fire Department, Rifle Association and the Building Inspector. Th:ts range is to be used in conjunction with the ROTC program. After discussion Rem Bennett made a motion the permit be approved. Jerry Mills seconded the motion and the vote was unanimous. (2) Allen Halpern requested a variance on a buffer zone requirement on property located behind the A&P store at Belmont H:tlls. The f:tfty-foot buffer was called for in previous minutes. but the present zon:tng ordinance calls for only a ten- foot buffer. Mr. Halpern wants to build a warehouse an this property and needs the footage. Jerry Mills made a mot:ton the variance be granted. Jim Hawkins seconded the motion and the vote was unanimous. Jerry Mills made a motion to hear the appeal of the decision of Recorder's Court, filed by Paul Alexander, at the regular meeting on September 19. 1977. Jim Tolleson seconded the mot:ton and the vote was unanimous. C. O. Canada made a motion to hear the appeal of the decision of Recorder's Court, filed by Angela Kurtz. at the regular meeting on September 19. 1977. Bill Darby seconded the motion and the vote was unanimous. Rem Bennett made a motion the minutes of August 1, 1977 be approved as submitted. C. O. Canada seconded the motion and the vote was unanimous. C. O. Canada made a motion the minutes of August 15. 1977 be approved as corrected. Jim Hawkins seconded the motion and the vote was unanimous. a motion the minut<;;$ of August 22, 1977 be approved as submitted. seconded the motion and the vote was unanimous. (Continuation of September 12. 1977 Meeting) Under Committee Reports, Jim Tolleson reported the Certified City Program was going great. Spring Road has been cleaned and really looks good. The cleaning crew will cover all streets in the c~ty. Jim Tolleson reported that Marion Wilhelm has been elected to the Board of Trustees for the Georgia Recreation and Parks Society. Quite a large number of residents of Ward I attended a burglary seminar at the City Hall last night. Jim thanked Police Chief Little and the Police Department for conducting the seminar. In answer to a question from Rem Bennett as to when Concord Road would be striped. Jim David said it had already been turned in to the County. Rem congratulated Jim David and Vic Broyles for the good job they had been doing. C. O. Canada called a meet~ng of the Parks and Recreation committee. Jerry Mills stated the committee had reviewed the zoning ordinance changes and would like the opinion of the City Attorney on some of them. He made a motion the City Attorney review the changes and called out October 12, 1977 as the date for the public hearing. Jim Tolleson seconded the motion and the vote was unanimous. Elbert Coalson made a motion Mrs. Milton (Dusty) Bennett be appointed as Super- intendent of Elections for the November 1, 1977 city election. Rem Bennett seconded the motion and the vote was unanimous. Citizens Input - A citizen reported some trees were hanging over the sidewalk on Church Street and should be trimmed. Richard DeBord asked who he should call if a sign had been knocked or taken down. It was also reported some poles had been put up in a yard at the corner of Church Street and Clifton Road, and a car could be damaged if it cut the corner too close. There being no further business. the meeting was adjourned at 8:34 p.m. ************************ September 19, 1977 The regular scheduled meeting of Mayor and Council was held at City Hall. Smyrna, Georgia on September 19. 1977. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7:30 o'clock p.m. All Councilmen were present except C. O. Canada who was on vacation. Also present was Chuck Camp, City Attorney, City Clerk Willouise Spivey. Parks & Recreation Director Lee Silver, Building Inspector David Granade. Finance Director Gunter Newsom, Police Chief Everett Little, Public Works Director J. E. David, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Elbert Coalson~ followed by the pledge to the Flag. decision of Recorder's Court - Paul Alexander r, Lynn Montgomery, Lt. David Farmer and Officer Stacy Fuller were in by Attorney Chuck Camp. Mr. Alexander stated he did not see any warning t hear the train whistle nor see the warning lights. He stated he mpletely before pulling onto the tracks and did not see the train before it hit him. His opinion was the crossing was not sufficient- ly marked with warnings. Officer Fuller stated that when he arrived in answer to an accident call, the warning lights were flashing, with the bell. Attorney Miles Booth stated he was coming out of his office at the time of the accident and the lights were flashing and the bells were ringing. He said there was another train on the siding at the time. The Engineer of the train stated he was traveling approximately thirty per hour and the accident was unavoidable. He stopped the train before re e next crossing. Lt. David Farmer also witnessed the accident and sh urea taken at the scene. He stated he was stopped for the fic signal and that all warning signals were working properly. After fur discussion Elbert Coalson made a motion the decision of Recorder's Court stand. Rem Bennett seconded the motion and the vote was unanimous. (Continuation of September 19, 1977 'Meeting) Douglas W. Carlton in by Attorney Chuck Camp. Angela Kurtz had written a note to members which read as follows: "Members of City Council, City of Smyrna. I had stopped at Tenneco for gas and was waiting tqpull out Cobb Drive. The traffic light at Jones Shaw and South Cobb Drive was Cobb traffic and there was nothing coming in any direction. I out to get into the rlorth bound lanes of South Cobb Drive and cross the south bound lanes a car came through the intersection from Road, turned south and almost hit me. The other car did not slow or try to avoid me. By the time the l:ight changed for South Cobb traffic I was in the northbourld lanes. The officer that gave me the ticket for failure to yield was waiting for the light to change while this was going on. and he around and pulled me over. Signed, Angela F. Kurtz." Angela Kurtz testified state- ments were true and that the offiqer was stopped on Jones Shaw Road waiting for the light to change. Officer Carlson testified that he was headed south on South Cobb Drive and observed Ms. Kurtz's car pullout of the Tenneco station, without headlights on, failing to yield to another vehicle. After further d:iscussion Jim Hawk:irls made a motion the decision of Recorder's Court be upheld. Jerry Mills seconded.the motion and the vote was unanimous. were sworn of Council State onto red Ike H. Boyette, Jr., 2950 South Cobb Drive. Apt. 30-1. requested a Residential Business License enabling him to oPerate Capital Management Corporat:ion from his apartment. He is the project manager of the apartment complex on South Cobb Drive. He stated the management company had very little walk-in traffic. does no advertising or soliciting for business, other than through personal references. After discussion Rem Bennett made a motion the license be granted, Subject to a letter from the owners stating they do not object. Elbert Coalson seconded the motion and the vote was unanimous. requested a Residential Business License in Termite and Control Company from his home. He stated would be stored in and contacts would be made by telephone. He presented a petition from all neighbors within 300 feet stating they did not object, a copy of which will be made a part of these minutes. Elbert Coalson made amotion the license be granted. Jerry Mills seconded the motion and the vote was unanimous. Lt. David Farmer stated he had completed his investigation and no reason why a malt beverage/wine package license should not be issued to Henri Chatet Etzler. This is a manager change only for four (4) Tenneco service stations located as follows: South Cobb Drive, Store #8209 Concord Road, Store #16109 2610 Cobb Parkway, Store #14009 902 Cherokee Road. Store #10609 Rem made a motion the management change be approved. motion and the vote was unanimous. Jim Tolleson made a motion to waive the cost of the permit fee only, of four sirens in the Civil Defense Department. It will necessary to get the permit in order that inspections can be made. seconded the motion and the vote was unanimous. for the in- still be Jim Tolleson Jim Hawkins reported the Civil Defense offices had been written up by the Fire Department and a great deal of work needed to be done. Jim FarJ_ey stated that EOC modification expenses were budgeted from Revenue Sharing funds thi.s year. but that we could get $2000 in matc1:'1ing funds if we filed before September 29th. Jim Haw~ins made a motion the permit and license fees be waived for any EOC modifications. Bill Darby seconded the motion and the vote was unanimous. A be motion made by Jim Hawkins to send out bids for the EOC Modifications, to 28. 1977 at 5:30 o'clock p.m. Elbert Coalson seconded the the vote was unanimous. Jim Tolleson made a motion the Article II, Sections 10-20. 10-26, of Ordinances (Fire Prevention) Chapter 10. 10-29. 10-30 be amended as follows: Adopting 1976 edition of the American Insurance Association the 1970 edition and, (Continuation of September 19, 1977 meeting) adopting 1977 edition of the National Fire Codes edition and adopting the 1976 edition of the Life Safety Code in place of the 1975 edition. the 1975 Section 10-26 - Amending section number only from "The routes referred to in section 12.7m of the Fire Prevention code" to "The routes referred to in section 12. 7o~ of the Fire Prevention Code." Section 10-29 - Changing section number only: "Section 27.11." Delete "Section 271" and substitute Se - Changing title name only: From "Amendments to Life Safety Code" TO FIRE PREVENTION CODE. PART II and renumbering the three sub-sections from Section 19. 20 and 21 to Section 28.18, 28.19 and 28.20 and Inserting Fire Prevention Code instead of Life Safety Code. Bill Darby seconded the motion and the vote was unanimous. These amendments make all standards current and respective to each other in terms of interpretation and enforcement. Finance Director Gunter Newsom reported we had been notified that we had been awarded the EDA Grant. Jim Tolleson made a motion. seconded by Rem Bennett, that we request bids for Phase II, King Springs Park, to be opened October 19. 1977 at 2:00 p.m. at City Hall. Vote on the motion was unanimous. Hal Cheshire, member of the Parks and Recreation Commission, was recognized for receiving the Georgia Parks and Recreation Society's 1977 Lay Award. Mr. Cheshire was congratulated and thanked for a job well done. Jerry Mills stated the $50.000 allotted to the City of Smyrna from the State, through Cobb County. will be used to resurface 13 streets. This work has already begun. The contract from the State to resurface Cherokee Road has been received and the works should be completed no later than June 1. 1978. The other State con- tract, approving the resurfacing of 13 additional streets has also been received, making a total of 27 streets to be resurfaced in the City. Elbert Coalson said sidewalks were needed on Old Spring Road for the children to walk to school. Jerry said sidewalks near schools were the first priority and he felt sure Old Spring Road would be included. Jim Tolleson made a motion Inverness Road be blocked off Saturday. October 15th from 3:00 until 7:00 p.m. for a neighborhood picnic. Bill Darby seconded the motion and the vote was unanimous. J~m Tolleson made a motion the American Cancer Society be granted permission to hold a bucket brigade at the corner of Atlanta Road and Spring Road. and Hargrove Road and Spring Road, on October 8, 1977. Jerry Mills seconded the motion and the vote was unan~mous. Bill made a motion Bob Arnold be reappointed to the Parks and Recreation Elbert Coalson seconded the motion and the vote was unanimous. Jim stat Jim d Jim David the status of the blinker light for Church Street. y had the light on order. Earle Cochran asked that Mayor and Council reaffirm the basic guidelines used by the Civil Service Board in the hiring and promotion of the men inside the Smyrna Fire Department. These are the same guidelines that have been used in the past. with two additions. (1) The new classification of the Provisional Fire Fighter and (2) In the event, in the discretion of the Civil Service Board. there are no qualified appli- cants within the department, the Board may then consider other applicants for the existing vacancy. Jim Tolleson made a motion the guidelines be reaffirmed and additions approved as read. Jerry Mills seconded the motion. During discussion Elbert Coalson said he would like to study the guidelines and made a motion this item be tabled. Rem Bennett seconded the motion. Vote on the motion to table was two for, three against and one abstained. Elbert Coalson and Rem Bennett voted to table. Jim Tolleson, J nd Clarence Canada voted not to table. Bill Darby abstained. Jim Tolleson tated his original motion, Jerry Mills seconded. (Continuation of September 19, 1977 meeting) and the vote was unanimous. There being no further business, the meeting was adjourned. ************************ September 28. 1977 A special meeting of Mayor and Council was held at City Hall, Smyrna, Georgia on 28, 1977 for the purpose of opening bids for the modifications of the Civil Defense of.fices (EOC). The meeting was called to order by presid:ing officer Mayor Arthur T. Bacon at 5:30 p.m. Those present were Jim Tolleson. Bill Darby, Jerry Mills, Jim Hawkins, Elbert Coalson and Rem Bennett. C. O. Canada was on vacation. Also present was Willouise Spivey. City Clerk and Jim Farley, Director of Civil Defense. Bids were opened, read and are recorded as follows: A B C PROJECTS D E F G Daniel Electric $905.55 $2956.50 $1087.00 $875.00 $696.00 $666.00 $4549.50 2225.00 785.00 995.00 525.00 Base Bid Projects C thru F $3200.00 (material, labor & supv.) Labor to remove brick and assorted sign material from hall to receive finish (not included) Electrical work project A thru F $3873.00 Electri<:::al work Project A $1685.00 Electrical work Project B $965.00 Electrical work Project A (items 1 thru 27)- Electrical work Project B (items 28 thru 34) $2590.00 $1030.00 Georgia Offi<:::e Supply Westside Electric Grice & Assoc. Electric Ledbetter Elec. (Elec. only) G. W. Condra Co. Quantum Electric Mashburn Electric Haze Edwards Elec. Jerry made a motion the bids be turned over to committee with alJ.thority to act on the low bid. Bill Darby seconded the motion and the vote was unanimous. Meeting adjourned at 5:45 p.m.