08-16-1976 Regular Meeting(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
421
(Continuation of August 16, 1976 Meeting)
of Smyrna. He stated he and all his drivers have valid permits from the City.
After discussion and Mr. Groover stating he was familiar with our ordinance
pertaining to cab companies, Bill Darby made a motion the business license be
approved. C. 0. Canada seconded the motion and the vote was unanimous.
Henry Scott made a request to rezone property on Pat Mell Road and Frank Lane
located in LL 276. He requested Parcel A, fronting on Pat Mell Road, be rezoned
from PSC to Future Commercial, Parcels B & C, rezoned from PSC to General
Commercial, to be used as a body shop. The building will be a Butler type
building, and no cars would be on the premises more than ten (10) days. Mr. Ken
Brunner, whose back yard abuts the rear of Mr. Scott's property, objected to the
zoning. He was concerned about other commercial property in the area that was
abandoned and rundown, although it was located in the county. Mr. Brunner did
state that if an adequate buffer was required, he would not object. After
discussion Homer Kuhl made a motion the rezoning be approved as advertised, with
the stipulation the building would be of a Butler type painted building, working
hours would be no later than 5:00 o'clock P.M. with no Sunday work, work would
be done on the inside of the building, a buffer strip will be required on the
west side of the property to within 150' of Pat Mell Road, then in an easterly
direction 125' behind the existing house, and a 15' right-of-way on Pat Mell
Road be given for street improvements. C. 0. Canada seconded the motion and
the vote was unanimous.
Commercial building permits were submitted by Building Inspector Gene Hoaster
and upon his recommendation the following action is recorded:
(1) A building permit was requested for the King Springs Plaza Limited, to be
built at the corner of South Cobb Drive and King Springs Road. Mr. Hoaster
stated he had just received the plans and had not had time to study them. Mr.
Riley Moore, representing HDC Corporation, stated they needed the building permit
in order to close the construction and permits loans on or before September 1st.
He stated there would be approximately fifteen (15) stores and shops with a
total of 55,820 square feet overall. C. 0. Canada made a motion to approve the
building permit, subject to the approval of the building inspector and the Fire
Marshall. Jerry Mills seconded the motion and the vote was unanimous.
(2) A building permit was requested by the First Baptist Church to remodel the
interior of the Church building. Elbert Coalson made a motion the permit be
granted. Rem Bennett seconded the motion and the vote was unanimous.
John Kidd, of Kidd and Associates, Inc., appeared before council to discuss the
possibility of revisions to and updating of Smyrna's zoning ordinance and zoning
districts map. Some specific items that should be reviewed include:
(1) The need for high-rise structures within the City and the changes in the
ordinance needed to allow such structures.
(2) The possible elimination of the Future Commercial zoning classification.
(3) The possible need for applicants requesting a change in the zoning ordinance
or map to submit a detailed letter of intent justifying their request.
(4) A general analysis of critical areas or "hot spots" within the City where
changes may be needed in the existing zoning classification.
(5) A possible combination of the "office -institutional" and "limited commercial"
zoning classifications.
One of the main reasons for reviewing and revising the ordinance would be an
effort to eliminate law suits against the City. Mr. Kidd would like to work on
this, along with the Planning and Zoning Board. Al Brook, Chairman of the Planning
and Zoning Board stated he thought the revisions were very important.
Jerry Mills stated the Employee's Rules and Regulation Handbook had been completed
and made a motion to have the City Attorney review it. Homer Kuhl seconded the
motion and the vote was unanimous. All Councilmen were asked to review and study
the handbook in order to get approval on August 30th.
Jerry Mills made a motion that we ask for bids for one Ford car for the Fire
Department, to be opened at the next council meeting. Homer Kuhl seconded the
(Continuation of August 16, 1976 Meeting)
motion and the vote was unanimous. Mr. Kuhl pointed out that one van was
approved in the budget, and the purchase of the car would be in place of the van.
Homer Kuhl made a motion the first council meeting in September be changed from
September 6, due to Labor Day, to September 13th. Jerry Mills seconded the
motion and the vote was unanimous.
Mayor Bacon stated the State Highway Department's plan was to three -lane Atlanta
Road from Bank Street past the old terminal building. He stated this would
give some relief and cause some problems. Jim Tolleson urged that we push for
the full five lanes, even if it means a bond issue. John Kidd said a study
should be made of the entire commercial business area along Atlanta Road, in
conjunction with the widening study. Mayor Bacon suggested that council get
together and come to some definite conclusion about what could be done and do it,
or drop the subject.
Mayor Bacon stated he had a meeting at Dobbins AFB Wednesday and should have
ari answer' ,about the street sweeper.
Committee Reports:
With reference to the dog leash law, Rem Bennett stated the City Attorney was
re -writing the ordinance, that he needed to have a committee meeting, and hoped
to have something by the next meeting. Attorney Camp said he had contacted
several cities about ordinances and it seemed there was no good dog ordinance.
He also needed to know what we would do with the dogs if we picked them up.
Jim Tolleson said he would contact the county to see if we could use their pound.
Rem Bennett stated the warehouse located on Lake Drive at Lake Court, which had
been vacant for some time was being bought by Lance Oil Refinery for storage,
which council approved. There is a drainage pipe in the warehouse that empties
directly onto property on Lake Court, -causing a severe drainage problem. Rem
Bennett made a motion that all building permits to Lance Oil Company be held
up until the drainage problem had been solved. Homer Kuhl seconded the motion
and the vote was unanimous. It was brought out that the company had installed
four (4) 10,000 gallon underground tanks for gasoline storage. Council was
unaware they approved a gasoline distribution center and asked the minutes be
checked. '
Elbert Coalson made a motion that Kathy Brooks be reappointed to the Parks and
Recreation Commission for a period of three years. C. 0. Canada seconded the
motion and the vote was unanimous.
C. 0. Canada made a motion that Billy Stephens be reappointed to the Parks and
Recreation Commission for a period of three years. Rem Bennett seconded the
motion and the vote was unanimous.
Jim Tolleson made a motion that Marian Wilhelm be reappointed to the Parks and
Recreation Commission for a period of three years. C. 0. Canada seconded the
motion and the vote was unanimous.
C. 0. Canada stated he had met with the Superintendent of Public Works and
the Committee, and the recommendation is that the garage stay where it is. He
realized the Public Works buildings would be financed, but the City would still
have to furnish the buildings, hire more men, etc. He asked why we had all
the different studies made if we were not going to go by them.
Homer Kuhl reminded council that money was short and not to buy anything that
was not necessary. Almost all the tax money is in for the first half year,
and we still will not bill for the second half until October.
Jerry Mills reminded council of the August 30, 1976 meeting, 7:00 P.M., to open
bids on employee group insurance, and approval of the Rules and Regulations
Handbook.
Bill Darby made a motion to authorize Police -Chief Everett Little to order four
(4) pagers under the State contract, to be paid from Revenue Sharing Funds.
Rem Bennett seconded the motion and the vote was unanimous.
423
(Continuation of August 16, 1976 Meeting)
Jim Tolleson explained the Public Works Funds had to be spent within 90 days
and that an engineering firm has offered to apply to the Federal Government
for these funds that could be used for a Civil Defense building, Fire Station
or a Public Works building.
Jim Tolleson stated the back -hoe was costing too much to keep repaired, and
he made a motion bids be accepted for a new one, to be paid from Water Revenue
Funds. Rem Bennett seconded the motion and the vote was unanimous. Bids will
be received and opened at the September 13th meeting.
Lee Silver advised that Jonquil Sporting Goods had nominated the Smyrna Parks
and Recreation Department for the National Gold Medal Award. Lee was notified
last week that we were one of five finalists. The first place winner will be
named at the National Congress the week of October 17, 1976. A cash prize of
$1000 will be awarded the winner.
Citizen Input: Gene Hoaster of Ward 7 stated that all citizens owning property
in the area of the Ruff property at Concord Road and Hurt Road were not against
the rezoning. He recommended we try to work compromise with ka Mr. -Ruff,
instead of appealing the case.
Sue Brissey stated she did want the city to appeal the Ruff case at any cost,
as the courts are the only protection we have.
Meeting adjourned at 9:22 P.M.
*************************
August 30. 1976
A called meeting of Mayor and Council was held August 30, 1976, at City Hall,
Smyrna, Georgia, and called to order at 7:55 P.M. by Mayor Arthur T. Bacon.
All Councilmen were present. Also present were City Attorney Chuck Camp and
Nora Proctor. The meeting was called for the purpose of opening bids for
employee group insurance per specifications.
The bids were opened, read and recorded as follows:
Life of Virginia
Integon Company
Guardian Life Insurance Co.
Pilot Life
Byers Financial Consultants, Inc.
Equitable Life Insurance Co.
Prudential Life Insurance Co.
Hartford Insurance Co.
Liberty National
American General Life
$ 7,482.98
per
month
8,013.60
it
11,489.42
"
If
8,037.55
it
11,302.00
"
it
11,012.00
"
it
6,835.44
it
9,584.39
"
It
9,084.72
"
it
9,354.05
"
if
The meeting was recessed until the insurance committee could check out
specifications of the four lowest bids.
When the meeting reconvened, Jerry Mills motioned the contract be awarded to
Prudential, the low bidder, who met all specifications, this being the
recommendation of the majority of the committee. The effective date, September
1, 1976. Homer Kuhl seconded the motion which carried 6 to 1. Elbert Coalson
opposed.
Selection of an agency was left to the discretion of Mayor and Council. The
agencies listed were:
Earl L. Styes and Clyde Woolsey
Sam Whitfield
H. Cole Yarbrough and John Ambrose
Earl Styes and Clyde Woolsey Agency was selected.