08-02-1976 Regular Meeting-419 .
August 2, 1976
The regularly scheduled meeting of Mayor and Council was held pursuant to the
charter on August 2, 1976, 7:30 o'clock P.M. at City Hall, Smyrna, Georgia. The
meeting was called to order by presiding officer Mayor Arthur Bacon. Councilmen
Jim Tolleson, Bill Darby, Jerry Mills, C. 0. Canada and Rem Bennett were present.
Elbert Coalson was absent due to illness and Homer Kuhl was on vacation. Also
present was Willouise Spivey, City Clerk, Chuck Camp, City Attorney, Jim David,
Superintendent of Public Works, Don Atkinson, Fire Chief, Everett Little, Police
Chief, Gene Hoaster, Building Inspector, David Granade, Assistant Director of Parks
and Recreation, J. S. Ross of Ross & Associates and representatives of the press.
Invocation was given by Councilman C. 0. Canada, followed by the pledge to the Flag.
Citizens Reports: Sue Brissey, 471 Havilon Way, wanted to know why the dog leash
law was not enforced. She stated the dogs in her neighborhood ran wild at night
and would wake her up running through the carport. She was advised it was im-
possible to enforce this ordinance the way the laws read, but that Cobb County would
pick up the dogs if she could keep them on her property until the truck got there.
Mayor Bacon appointed a committee of three; Rem Bennett, Chairman, Bill Darby and
Jim Tolleson, to work on this problem and see what can be done.
Ms. Brissey also complained of the dirt on the street and along the curbs of
Spring Road and other streets. She was told the street department will be working
on Spring Road next week. Mayor Bacon stated he had contacted Dobbins Air Force
Base in an effort to lease one of their street sweepers. He should have an
answer next week. The cost of a sweeper prohibits the City from purchasing one at
this time.
C. J. Fouts, property owner of 654 Cherokee Road, appeared before Council, along
with Mrs. Cooper, and requested a zoning variance in order to open a Bridal
Shoppe at this address. This property is zoned limited commercial which prohibits
_1J a clothing store. Jerry Mills stated we had been inconsistent in what businesses
were allowed on this street and that variances had been granted. Attorney Chuck
Camp read from the zoning ordinance book under what conditions a variance should
be granted. After discussion, Jerry Mills made a motion the variance be granted.
Rem Bennett seconded the motion and the vote was four to one. Jim Tolleson voted
against the motion.
Commercial Building Permits: The variance request for the front yard fence at
1110 Dell Avenue was tabled.
Jerry Mills stated he would like to draw up a new group insurance policy proposal
where all companies would be bidding on exactly the same proposal. Bids would be
requested, opened, read and approved on a specified date. He stated a plan had
been worked out that was much better than the original specifications. Jerry
Mills made a motion that bids be requested, opened, read and approved on August
30, 1976 at 7:00 o'clock P.M. Rem Bennett seconded the motion and the vote was
unanimous.
Rem Bennett made a motion the City of Smyrna employ the firm of Cavitt-Brownlee-
Milan as the prime consultants on phase II of King Springs Park and Georgia
Recreation and Planning Associates to work with them as pool consultant. Fee to
be worked out between Cavitt-Brownlee-Milan, City of Smyrna Parks and Recreation
Director, City Attorney and the Parks and Recreation Committee. Jerry Mills
seconded the motion and the vote was unanimous.
Attorney Chuck Camp asked his partner Al Cochran, who was in the audience, to
give a report on the status of the J. P. White suit against the City. He stated
he personally thought the suit would run its course, if not pushed into action.
He said Mr. White had left town and could not be located at this time. It was
the general opinion of council the case should be pushed and a disposition made.
The Court's ruling on the Ruff case is as follows: "It is the holding of this
Court that the present zoning classification of the subject property is un-
constitutional and void and is confiscatory, and,it ls� therefore ordered that the
defendants reconsider the application for rezoning of the Plaintiff and to rezone
the subject property consistent with the classification that would notes amount to
a taking of Plaintiff's property. The Defendants shall act within a reasonable
time for the rezoning of the tract to a use classification that is constitutional.
And, the Court further provides that if such rezoning is not accomplished within a
reasonable time, this Court hereby reserves jurisdiction over the matter to declare
the subject property free from all zoning restrictions." After discussion it was
(Continuation of August 2, 1976 Meeting)
.41
decided to try to get Mr. Ruff together with the residents of that area and
try to work out a compromise.
Arthur Bacon stated he had an appointment with the design engineer of the
Highway Department to discuss Atlanta Road and find out what action the Highway
Department is considering. He should have a report by the next council meeting.
Jerry Mills made a motion the minutes of June 26, 1976 be approved as sub-
mitted. Jim Tolleson seconded the motion and the vote was unanimous.
Jerry Mills made a motion the minutes of July 12, 1976 be approved as sub-
mitted. Bill Darby seconded the motion and the vote was unanimous.
Jerry Mills made a motion the minutes of July 19, 1976 be approved as sub-
mitted. Jim Tolleson seconded the motion and the vote was unanimous.
Under Committee Reports, Jerry Mills stated there would be a meeting Tuesday
evening at 6:00 o'clock of all Firemen and Mayor and Council was invited.
C. 0. Canada reported the Southeastern Regional Pony League Tournament would
begin Tuesday night at Cobb Park.
Rem Bennett made a motion that all yield signs entering Highland Drive be
replaced with stop signs, that stop signs be erected at the intersection of
Inverness and Strathmoor, and at Balmoral and Strathmoor Road, also that
25 MPH signs be erected on both sides of Highland Drive and throughout the
subdivision. Jim Tolleson seconded the motion and the vote was unanimous. A
petition with forty-eight (48) signatures of Highland Subdivision residents
was submitted requesting stop signs into Highland Drive from Inverness,
Balmoral and Lochlomand.
Rem Bennett reported we had received a letter from the Department of Trans-
portation rejecting traffic signals at the intersections of Jones Shaw and
Old Concord Road and Spring Road at Bell Drive. In their opinion traffic
signals should not be installed at either intersection.
Under Citizen Input, Jack Schnall urged the city to pursue the Ruff zoning
case if the present ruling took zoning authority away from Mayor and Council.
Meeting adjourned at 9:30 P.M.
August 16, 1976
The regularly scheduled mid -meeting of Mayor and Council was held pursuant to
the charter on August 16, 1976, 7:30 o'clock P.M. at City Hall, Smyrna, Georgia.
The meeting was called to order by presiding officer Mayor Arthur Bacon. All
councilmen were present. Also present was Chuck Camp, City Attorney, Willouise
Spivey, City Clerk, Jim David, Superintendent of Public Works, Don Atkinson,
Fire Chief, Everett Little, Police Chief, Gene Hoaster, Building Inspector, Lee
Silver, Parks and Recreation Director and representatives of the press.
Invocation was given by Councilman Homer Kuhl, followed by the pledge to the Flag.
Pete Wood of Ward 7 thanked Mayor and Council for their effort and consideration
111 in the Ruff property case. He urged the City to proceed with the appeal.
Mayor Bacon stated he would like for a committee to get together with Mr. Ruff,
citizens of the area, City Attorney, along with Mr. Ruff's attorney and try
to work out a compromise.
Before hearing any evidence in the appeal of the decision of the recorder's
court by Lawrence K. DuBuisson, both Mr. DuBuisson and Officer W. E. LeCroy
were sworn in by City Attorney Chuck Camp. After hearing the evidence, Bill
Darby made a motion the decision of the recorder's court be upheld. C. 0.
Canada seconded the motion and the vote was unanimous.
Paul Groover, owner of AAA Taxi -Cab Company, with office located at 886 Atlanta
Street requested, approval for a business license to operate a taxi in the City