10-05-1976 Regular Meeting433
October 5, 1976
The regularly scheduled meeting of Mayor and Council was held pursuant to the
Charter on October 5, 1976, at 7:30 P.M., City Hall, Smyrna, Georgia. The meeting
was called to order by presiding officer Mayor Pro-tem Homer Kuhl. Mayor Bacon
was absent due to minor surgery. All Councilmen were present. Also present were
Chuck Camp, City Attorney, Willouise Spivey, City Clerk, Lee Silver, Director of
Parks and Recreation, Jim David, Superintendent of Public Works, Don Atkinson,
Fire Chief, Everett Little, Police Chief, David Granade, Building Inspector and
representatives of the press.
Invocation was given by Ken Travis, followed by the pledge to the Flag.
Under Citizens Reports, Evelyn Harris of 938 Church Street reported that Saturday
a neighbor, Mrs. Kirkland, hauled from between 350 and 400 cement blocks out of
her yard without permission. She stated the blocks were holding up her driveway.
She did not complain to Mrs. Kirkland but went to the police station and filed a
complaint. She wanted the building inspector to check her driveway. David Granade
will check this tomorrow.
John 0. Bromall of 3610 Creatwood Trail requested a residential business license
to operate a Job Resume Specialist business in his home. After discussion, Bill
Darby made a motion the license be granted. Jerry Mills seconded the motion and
the vote was unanimous.
William Hopwood of 1796 Cimarron Court requested a residential business license
to operate a small upholstery business in his garage. Mr. Hopwood stated he
worked for an upholstery company, would be retiring soon, and the majority of
his work would be for his neighbors and friends. After discussion Bill Darby
made a motion the license be granted. Jerry Mills seconded the motion and the
vote was unanimous.
It was pointed out that entirely too many residential business licenses were being
requested and Council agreed that guidelines must be drawn up to cover the licenses.
Commercial building permits were submitted by Building Inspector David Granade and
upon his recommendations the following action is recorded:
(1) Ed W. Armstrong requested a building permit to build an office and warehouse
at 1580 Spring Street. The plans had been approved by the Fire Department and
he recommended the permit be granted. Jerry Mills made a motion the permit be
issued. C. 0. Canada seconded the motion and the vote was unanimous.
(2) Abraham W. Kassis of 326 Autumn Lane requested a variance in order to build
an 8' x 12' utility building within three feet of his neighbor's property line.
Ile presented a letter from J. E. Spear cf 317 Highview Drive stating he had no
objections to Mr. Kassis building the utility building within three feet of the
common property line. Rem Bennett made a motion the variance be granted. C. 0.
Canada seconded the motion and the vote was unanimous.
(3) Dr. Norton requested a building permit to refinish the interior of an office
at 696 Cherokee Road. The plans had been approved by the Fire Department and he
recommended they be approved. Rem Bennett made a motion the permit be granted.
Elbert Coalson seconded the motion and the vote was unanimous.
(4) The request of H. C. Hilton for a variance for a fence in the front and side
yard remained tabled.
(5) Building Inspector David Granade read a letter he had written to James W.
Holman, dated September 24, 1976, with reference to a utility building that was
built too close to the property line. He stated that to date he had had no reply
from Mr. Holman. Mr. Kuhl stated that he did not think any action should be taken
since he had been found to be in violation of the City ordinance. Inspector
Granade said that Mr. Holman applied for a building permit September 1, 1976,
a month after the building had been constructed. Mr. Holman was in the audience
and said that David was not the building inspector when the building was built
and that it was not finished when he applied for the building permit. He also
stated that if David confirmed the property line, which he says is in existence,
he would like to see his sealed survey because he has a survey that indicates
that the rear property line is not correct, that his neighbor Mrs. Kirkland has a
survey which said the property line is not correct, and if we would like to
confirm the property line, he would like to see the survey that we use to confirm
it. He stated that if the building was not built according to the building codes
(Continuation of October 5, 1976 Meeting)
of the City of Smyrna, and it does not meet the building inspections, then that
would be another problem. He stated he could make the building meet the building
codes of the City, but that the building was clear of the property line and he
had a survey that he showed the Councilmen at the last meeting that will show and
indicate that the property line is in error, 'and the property pin is not accepted
-by any of the neighbors.- He stated that if Mrs. Kirkland was able she would be
here tonight to make a complaint of the property line error. David Granade said
that if the property line was off as much as Mr. Holman stated, then his fence
and fence of'a neighbor, is on someone elses property. Attorney Camp asked
David Granade how far off the rear line from the pin the building was standing.
He stated that at one point it was about six (6) inches, -and appeared to be even
closer by the existing fence line. Mr. Kuhl advised the building'inspector.bas`ed
his decision on an on -site inspection, particularly the fence, and until it is
proven otherwise, Council will go by the citation given Mr. Holman. It is up to
Mr. Holman to prove within the next thirty (30) days, that he is not in violation.
Mr. Holman stated he proved that he was not in violation of the ordinance by
giving Council a sealed survey, and he would like to appeal this to a court. A
building permit has not been issued to date, according to the building inspector.
Homer Kuhl read a letter from Kidd and Associates in which they made a proposal
to do an annexation study for the City. The cost would be approximately $2500.00
or $3000.00, and the project could be accomplished within sixty days. Mr. Kuhl
stated a meeting would be set up with Mr. Kidd.
Rem Bennett reported the street sweeping project had been delayed because they
had to send for another sweeper. It should be here in about a week.
Homer Kuhl read a letter written by Mayor Arthur Bacon to Thomas D. Moreland,
Director, Department of Transportation, State of Georgia, with reference to
State Highway 3 (Atlanta Road) in Smyrna. Mayor Bacon stated in the letter that
we needed a definite commitment of funds from the State before either the governing
-bodies of Cobb County or the City of Smyrna would commit any funds to acquisition
of right-of-way or construction. He asked that if at all possible a firm commit-
ment be made in order that we may proceed with the necessary action to implement
the construction for this much needed project.
Rem Bennett reported we had hired a Rabies and Animal Control man. He has
previously been working with the Rabies and Control Department of Cobb County and
has had five years experience. He will start to work Monday and will attend school
for three days next week. He thanked Ernest Barrett and the Board of Commissioners
for the truck and use of the dog pound.
Attorney Camp advised that we should have a contract with Cobb County on the truck.
Mr. Camp wis:_advised.to proceed with the -contract. He also stated that he had reviewed
the Dog Ordinance of Cobb County and that it was initially the same as was agreed
on by the City of Smyrna and Cobb County in 1970. However, since then several
amendments have been added to the county ordinance that need to be added to the City
ordinance, as amendments, to better implement the ordinance and solve some problems
the county has had in enforcement. rAttorney Camp read the amendments to the ordinance.
After discussion it was agreed the amendments as read should be changed from
"$5.00 impounding fee" to "$15.00 impounding fee." This fee would be collected by
the City, and a release form will be issued by the City of Smyrna, to the dog owner,
to be carried to the county where he will pick up the dog. Rem Bennett made a
motion the amendments to the dog ordinance be adopted with the one change. Bill
Darby seconded the motion and the vote was unanimous.
Jerry Mills made a motion we enter into a contract with Cobb County on the use of
the dog catcher truck and the dog pound. Jim Tolleson seconded the motion and
the vote was unanimous. Cobb County will bear the cost of the insurance on the
truck.
Jerry Mills made a motion the minutes of September 13, 1976 be approved as sub-
mitted. Bill Darby seconded the motion and the vote was unanimous.
Jerry Mills made a motion the minutes of September 20, 1976 be approved as sub-
mitted. Jim Tolleson seconded the motion and the vote was unanimous.
Under committee reports, Jim Tolleson read a letter addressed to Mayor and Council
from Building Inspector David Granade requesting that Article F, Section 4, Free
Standing Signs, of the Sign Ordinance be amended to read: "Free Standing signs
may encroach into front and side yards provided their support members are located
no closer than (12) twelve feet from a street curb line, but not located within
the street right-of-way. Signs shall not project over the street right-of-way
line more than eighteen (18) inches, shall be limited to one sign per property
435
(Continuation of October 5, 1976 Meeting)
frontage, and it will be three (3) feet above grade to the bottom of the sign."
Jim Tolleson made a motion this amendment be approved. Rem Bennett seconded the
motion and the vote was unanimous.
Bill Darby read a request from Wills High School for a parade permit for their
Homecoming on October 21, 1976 at 3:30 P.M. The parade will form on Ward Street,
to Cherokee Road, left on Cherokee to South Cobb Drive, left on South Cobb Drive
to Powder Springs Street back to the school. Bill Darby made a motion the permit
be granted. Jerry Mills seconded the motion and the vote was unanimous.
Bill Darby read a request from the Knights of Columbus to hold a bucket drive on
Saturday, benefits going to the retarded citizens program. The intersections to
be worked are Atlanta Road and Cherokee, Concord Road and South Cobb Drive and
Atlanta Road and Spring Road. Bill Darby made a motion the permit be granted.
Rem*Bennett seconded the motion and the vote was unanimous.
Jerry Mills stated that when the Employees Insurance was approved he failed to
bring up the maternity benefits. Mr. Mills made a motion that the maternity
benefits under normal delivery would cover each of our employees, or wife of an
employee, for a maximum of $300.00, provided the employee was employed by the City,
three months prior to the pregnancy. The $300 to be paid after delivery. Bill
Darby seconded the motion. During discussion it was brought out that in the last
two years we had had nine maternity claims. The cost to the City of Smyrna to
cover maternity benefits for one year was more than $16,000.00. Therefore, the
maternity benefit clause was not included in the present insurance plan. Vote on
the motion was unanimous.
Jerry Mills reported Fire Chief Don Atkinson had requested a warning system of
some kind on Concord Road at Fire Station #3, due to heavy traffic. This was
referred to the Street Committee.
Rem Bennett said he had received requests for two traffic lights, had met with
Jim David and action had been taken. He also stated we still had three problem
traffic lights in Smyrna. One at Concord Road and South Cobb Drive, another at
South Cobb Drive at Wisteria, and the light at Atlanta Road and Spring Road.
Mr. Bennett said he had contacted a representative of D.O.T. about the light at
South Cobb and Wisteria Lane and he promised to either cut it on from six to
eight -thirty in the mornings, and four to six -thirty in the evening, or cut it
on full time. He will advise us next week. The left turn signal off Concord
Road going west on South Cobb Drive has been removed, causing a problem.
Rem Bennett stated we still need the sidewalk on McCauley. This was referred
back to committee.
C. 0. Canada stated we needed to find adequate space for the Building Inspector,
also he needed transportation. Homer Kuhl said he would like for him to stay
where he is for a while, also that he will be given transportation.
Homer Kuhl reported the American Legion had requested a permit for a parade on
November 13, 1976, starting at 12:00 noon. The parade will form on Ward Street,
proceed to Cherokee Road, right on Cherokee to Atlanta Road, south on Atlanta
Road to Spring Road, right on Spring Road to Dunn Street, left on Dunn Street to
Pine Street and disband at Post 160. Jerry Mills made a motion the permit be
granted. Bill Darby seconded the motion and the vote was unanimous.
Homer Kuhl reported that Cobb County Engineers had applied for an increase in
their grant for the 201 Study to allow Smyrna to conduct the required survey of
the Sewer System Evaluation.
Homer Kuhl requested that authorization be given the Finance Committee to borrow
up to $200,000, at the lowest rate of interest available, within the next two
weeks, in order to -cover expenses of the General Fund. Jerry Mills made a motion
this authority be given. Rem Bennett seconded the motion and the vote was unanimous.
Jerry Mills reported that Ken Nix needed a letter from Mayor and Council in order
to resubmit the bill allowing Smyrna to have their own Tax Assessor. Jerry Mills
made a motion to authorize the Mayor to send this letter to Ken Nix. Jim
Tolleson seconded the motion and the vote was unanimous.
Lee Silver stated that since the Parks Department could not get the dump truck,
he would like to go back to the original schedule of equipment approved for King
Springs Park, and would like to meet with Mr. Kuhl this week.
(Continuation of October 5, 1976 Meeting)
Under Citizens Input, a property owner on Atlanta Road wanted to know the status
of the widening of Atlanta Road. He was informed that as of this date, nothing
was definite.
Meeting adjourned at 9:01 P.M.
October 18, 1976
The regular mid -monthly meeting of Mayor'and Council was held at City Hall, Smyrna,
Georgia, October 18, 1976, at 7:30 P.M. The meeting was called to order by
presiding officer Mayor Arthur T. Bacon. Councilmen Bill Darby, Jerry Mills, Homer
Kuhl, Elbert Coalson and Rem Bennett were present. Jim Tolleson and C. 0. Canada
were absent. Also present were Chuck Camp, City Attorney, Willouise Spivey, City
Clerk, Everett Little, Police Chief, Don Atkinson, Fire Chief,,,Vic,Broyles,
Assistant Public Works Superintendent, Leon Hood, Acting Building Inspector and
representatives of the press.
Invocation was given by Homer Kuhl, followed by the pledge to the Flag.
A citizen, Mr. Davis, stated that he was glad the City had a full-time building
inspector and hoped we could get a City Manager to relieve the Mayor of some of
his duties.
Forster Puffe, representing the Smyrna Lions Club, asked for Mayor and Council
endorsement for the Club to sponsor a "Smyrna City Flag Contest." He said that
winners of the three best designs would receive $75, $50 and $25. The Club would
produce the flag, which they would like to fly on the flagpole when the Bicentennial
Flag was removed. Mr. Puffe also stated they would like for three councilmen to
be three of the five judges for the best design. Elbert Coalson made a motion
that Mayor and Council endorse this project. Homer Kuhl seconded the motion and
the vote was unanimous.
Garvis Sams, representing Laura Alice Green Hambrick, requested rezoning of
property located at 1325 Concord Road from R-15 to General Commercial to be used
as a Craft Shop. The Planning and Zoning Board recommended the rezoning. The
property will be improved with painting, landscaping, etc. Bill Darby made a
motion the property be rezoned. Jerry Mills seconded the motion and the vote was
unanimous. There will be no merchandise on the outside of the building.
Commercial building permits were submitted by Acting Building Inspector Leon
Hood and upon his recommendations the following action is recorded:
(1) Dr. Pickron, who previously requested and received a building permit to
erect a dental office on Elmwood Drive, now asked Council approval to change the
location of the building on the lot. It still meets all the building codes and
will have sufficient parking areas. Rem Bennett made a motion the change be
approved. Elbert Coalson seconded the motion and the vote was unanimous.
(2) A request was made by Candler and Griffith for a building permit to partition
off part of the old Grant City building for three new businesses with storage
areas. The plans had been approved by the Fire Department. Jerry Mills made a
motion the permit be granted. Homer Kuhl seconded the motion and the vote was
unanimous.
(3) Crown Central Petro Corporation requested building permits to install one
underground storage tank (regular gasoline) at their station at 3246 South Atlanta
Road and one underground storage tank (regular gasoline) at their station at the
corner of Spring Road and Jonquil Drive. Plans had been approved by the Fire
Prevention Bureau. Jerry Mills made a motion the permit be granted. Bill Darby
seconded the motion. Vote on the motion was four for and one abstained. Homer
Kuhl abstained.
Homer Kuhl stated that council met with John Kidd & Associates and went over the
annexation study. They proposed to gather the information, make contacts, prepare