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11-15-1976 Regular Meeting441 (Continuation of November 1, 1976 Meeting) Jerry Mills stated the Rules and Regulation Handbook, Section 4, listed vacation leave as follows: "Regular city employees earn vacation at the rate of two weeks per year. After completing ten years of service, employees earn three weeks per year. After completion of twenty years of service, employees earn five weeks per year. No employee shall receive pay in lieu of vacation leave unless such payment is recommended by the department head and approved by the Mayor and Council." Jerry made a motion that Section 4, Vacation Leave (2) be changed to: "Regular city employees earn vacation at the rate of two weeks per year. After completing ten years of service, employees earn three weeks per year. After completion of twenty years of service, employees earn four weeks per year. After completion of twenty-five years of service, employees earn five weeks per year. No employee shall receive pay in lieu of vacation leave unless such payment is recommended by the department head and approved by the Mayor and Council." Homer Kuhl seconded the motion and the vote was unanimous. Bill Darby read an article from "Response in Georgia" commending the Smyrna Civil Defense Department for giving the defensive driving training course to city employees. Bill Darby stated the Sign Ordinance was being enforced, and signs were being taken down for the candidates who did not post bond. The newspapers were notified but to date we have had no press coverage. C. 0. Canada reported the City was today, verbally awarded approximately eighty- five (85) acres of the Dobbins Air Force Base property. One requirement was that the property must be surveyed, and we are in the process of getting this done within the next two weeks.. Mayor Bacon discussed the letter received from Tom Moreland of the State Highway Department. He had contacted Emory Parrish and called a meeting for Monday night at 7:30 P.M. to discuss Atlanta Road widening. Mayor Bacon urged everyone to get out and vote on Tuesday. Lewis Reagin commended the Parks and Recreation Department and the Civic Clubs for a very successful Halloween Carnival at Cobb Center last Saturday night. Meeting adjourned at 8:27 P.M. November 15, 1976 The regularly scheduled meeting of Mayor and Council of the City of Smyrna was held at City Hall, November 15, 1976 at 7:30 o'clock P.M. The meeting was called to order by presiding officer Mayor Arthur T. Bacon. All Councilmen were present except C. 0. Canada, who was absent due to illness. Also present was Chuck Camp, City Attorney, Willouise Spivey, City Clerk, Lee Silver, Parks and Recreation Director, Ron Egger, Controller, David Granade, Building Inspector, R. E. Little, Police Chief, Don Atkinson, Fire Chief, Jim David, Superintendent of Public Works and representatives of the press. Invocation was given by Jim Tolleson, followed by the pledge to the Flag. No action under Citizens Reports. Zoning (1) I. D. and Ellen Moore requested property located at 1446 and 1450 Roswell Road be rezoned from Future Commercial to General Commercial. The grocery store located on this property was granted.a land use permit years ago, and the rezoning is being requested in order that they may also operate a lawn maintenance business, and be able to store the equipment in the back yard. There was no (Continuation of November 15, 1976 Meeting)' opposition to the zoning. Mayor Bacon read the recommendation of the Planning and Zoning Board which recommended to deny the rezoning to General Commercial, but recommended instead it be rezoned 0. I. Homer Kuhl opposed the zoning, stating it would be spot zoning, and made a motion,the zoning be denied. Motion died for lack of a second. Jerry Mills made a motion the property be zoned General Commercial,'with the stipulation.it be used only for a grocery store and lawn maintenance business, excluding all other items listed under General Commercial in the zoning book. Bill Darby seconded the motion. More discussion followed and Homer Kuhl stated that to change the classification of the present zoning, off street parking would be required. Mr. Moore stated they had sufficient off street parking. A vote was called for and the motion carried five to one. Homer Kuhl voted against. (2) Glen Robinson, III and Thomas L: Fricks requested property located at 2365 Spring Road be rezoned from Residential to Office -Institutional. 'They were represented at the hearing by Wes Baxter. Mr. Baxter stated that in his opinion, 0. I. was the best and highest use of this property. The owners had, as suggested by the Highway Department, relocated the driveway. Also, a commercial type parking lot had been graveled and a redwood fence installed around the property, all of which improved the looks of the property. Mr. Baxter stated the owner wanted to use the property for professional offices; either a real estate, doctor, or lawyers office. In answer to a question to Glen Robinson as to why he changed the driveway and completed the parking lot before it was rezoned, he stated he was taking a chance, hoping it would be rezoned. It was brought out that a doctor owned the adjoining property, which faces Carolyn Drive and it was feared he would ask to have it rezoned. Jim Tolleson spoke against the zoning, stating the traffic increase, closeness to the school, danger of children being hit as they used the sidewalk and the fear of requests from other property owners to rezone. Several people spoke in opposition to the zoning. A spokesman from Farmstead Condominiums asked that if the zoning were approved, no parking would be allowed on Farmstead Road. Mr. Baxter presented three lists of signatures, one containing 5 signatures of property owners who objected, another list of 5 who had no opinion and the third list of 22 signatures who did not object to the zoning. Jim Tolleson made a motion the zoning be denied for reasons stated above. Jerry Mills seconded the motion. After discussion, Jerry Mills withdrew his second. Homer Kuhl seconded Jim Tolleson's motion to deny: Vote on the motion was two for the motion and four against. Jim Tolleson and Homer Kuhl voted to deny the zoning. Elbert Coalson made a motion the property be rezoned from Residential to Office - Institutional. Jerry Mills seconded the motion and the vote was four for and two against. Rem Bennett, Elbert Coalson, Jerry Mills and Bill Darby voted to rezone. Homer Kuhl and Jim Tolleson voted to deny the zoning. December 6, 1976 was the date set to hear the appeal of the decision of 'Recorder's Court for General E. L. Sparks, on motion by Jerry Mills, seconded by Bill Darby. Vote on the motion was unanimous. No commercial building permits requested. Mayor Bacon reported he would report on the meeting with Department of Transpor- tation officials at the next meeting. Under Committee Reports, Rem Bennett read a letter from Pierce Gilliam requesting a 4-way stop sign at Marston Street and Gilbert Street. This request was referred to the Street Committee for study. Jim David estimated the cost to run a sewer line to Winkenhofer Funeral Home on Benson Poole Road would be $4,707.50. Mayor Bacon read a bid submitted by W. P. Lord, dated March 5, 1973, to run this line for a cost of $2,765.00. John C. Porterfield was present and Mayor Bacon asked if he remembered what action was taken on this bid. Mr. Porterfield reported the City made a proposal to Wink that he share the cost but received no affirmative action from him. Mayor Bacon said he would meet with Wink before the next meeting. Homer Kuhl made a motion to change the Rules and Regulations Handbook for the Fire Department as follows: Under Duties of the Fire Chief, Section 8, delete "Until a hearing is held by the Civil Service Board." Jerry Mills seconded the motion and the vote was unanimous. It was announced that Mr. Puckett of the State Fire Underwriters would meet with. the Fire Committee on Wednesday. 443 (Continuation of November 15, 1976 Meeting) Jerry Mills called out September 12, 1976 as the effective date for Maternity Benefits. Jim Tolleson stated he had written Charlie Jones requesting a Cobb County Police Officer be stationed at the Argyle School crossing on Spring Road from 7:30 until 8:00 in the mornings. Bill Darby made a motion bids be requested, to be opened at the next council meeting for two police cars. He asked that bids be requested for a Ford LTD #2, police package 4-door, and a_Ford Granada 4-door sedan. Also Chevrolet, Chevelle police package, 4-door and Chevelle 4-door sedan. Jerry Mills seconded the motion and the vote was unanimous. Homer Kuhl reported tax bills would go out next week. He also asked that a meeting of Mayor and Council be set up for Saturday morning at 9:00 to review the audit first and adopt an Affirmative Action Plan. In the absence of C. 0. Canada, Rem Bennett made a motion the City enter into a contract for soil test borings at King Springs Park. Estimated maximum cost to be $900, per Leroy Brownlee. Homer Kuhl seconded the motion and the vote was unanimous. Rem Bennett made a motion the City enter into a lease agreement with the Smyrna Athletic Association on the building at Ward Park. Homer Kuhl seconded the motion and the vote was unanimous. Mayor and Council commended Marion Wilhelm and Don Lillie for being named Lay Award Winners by the Georgia Recreation and Parks Society for their contributions to recreation in Georgia and Smyrna. Rem Bennett made a motion the City install a catch basin to correct a bad drainage problem on Manson Avenue at a point dividing property owned by W. S. Brown and G. B. Redding, provided easements were secured. Jerry Mills seconded the motion and the vote was unanimous. Rem Bennett thanked the Civil Service Board for a good job at the Fireman's suspension hearing last week. Homer Kuhl recommended Winston C. Burger be awarded the "Distinguished Service Award" for services rendered the City for so many years. Citizens Input -- Sue Brissey asked what had happened about the street cleaning project. Rem Bennett advised we were still working on the project, but could not purchase a sweeper at this time. Ken Nix said that before another House Bill is introduced in an effort to assess our own taxes, he would suggest a meeting with Ernest Barrett, Chairman of the Cobb County Board of Commissioners, the Cobb County Tax Assessor, and the Tax Commissioner, to be sure they would support the bill. There being no other business to come before this body, the meeting was adjourned at 9:16 P.M. November 20. 1976 A special meeting of Mayor and Council was held November 20, 1976 at 9:00 o'clock A.M. for the purpose of reviewing the FY 1976 Audit and adopting an Affirmative Action Plan. All Councilmen were present except C. 0. Canada who was absent due to illness. At 12:00 o'clock noon Homer Kuhl made a motion the meeting be an official council meeting. Jim Tolleson seconded the motion and the vote was unanimous. Homer Kuhl made a motion the "Affirmative Action Plan" be approved as submitted. Rem Bennett seconded the motion and the vote was five for and one abstained. Jim Tolleson abstained. Homer Kuhl made a motion the meeting be adjourned at 12:04 P.M. Rem Bennett seconded the motion and the vote was unanimous.