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06-20-1977 Regular Meeting(Continuation of June 6, 1977 Meeting) Homer Kuhl reported the Lynch versus the City of Smyrna suit was on the docket for next week. Our offer to settle for $3500 was refused. They are asking for $9000 and it was agreed the case would be tried and hopefully the award would be less than $9000. Homer Kuhl read a letter from the Georgia Commission for the National Bicentennial Celebration addressed to Mrs. Katherine Jones, Librarian, Smyrna Public Library, commending her for the Smyrna Library's "American Bicentennial Babies" project, honoring all babies born in Smyrna in 1976. They also presented her with a Certificate of Official Recognition. We commend Mrs. Jones and the library staff for this outstanding contribution to the Bicentennial celebration. Homer Kuhl made a motion the employees lounge be moved across the hall. Jerry Mills seconded the motion and the vote was unanimous. C. 0. Canada reported that Cindy Cochran, daughyer of ex -councilman Earl Cochran had brought great recognition to our city by setting a new national track record. She has also broken two or three state records so far this year. She ran 220 yards in 25 seconds. Mr. Canada made a motion the Mayor honor Cindy with a letter of commendation. Rem Bennett seconded the motion and the vote was unanimous. C. 0. Canada made a motion that bids be requested for a 15 passenger van for the Parks and Recreation department. Jerry Mills seconded the motion and the vote was unanimous. Bids will be opened at the June 20th meeting. Mr. Canada advised the July 4th festival will be held on July 2nd, one day only. Rem Bennett made.a motion the request for a retail pouring license management change for Lums Restaurant, Robert J. Swift, be approved subject to the FBI check. Elbert Coalson seconded the motion and the vote was six for and one against. Homer Kuhl voted against the motion. Rem Bennett made a motion the request for a malt beverage pouring license manage- ment change for Peking Garden Restaurant, Peter Cha, be approved subject to the FBI check. Elbert Coalson seconded the motion and the vote was six for and one against. Homer Kuhl voted against the motion. a Rem Bennett urged the Finance Committee to meet once more to see if anything could be worked out to build the swimming pool and pavilion at King Springs Park. He would like the park to completed if at all possible. Citizens Reports - Ken Travis stated he was going to build a home in Smyrna and was informed by the permit department that he would have to purchase a general contractors license to build his own home. He voiced his disagreement with this procedure to Mayor and Council. Inspector David Granade stated the Southern Building Code defined a contractor as anyone who engages in constructing a building of any kind for a profit., and his interpretation was that his profit would be the money he saved in building his own home. Attorney Camp did not agree with this interpretation and said the ordinance would have to be amended if Mr. Travis is considered a general contractor. Mr. Travis was advised to contact the building inspector tomorrow. Meeting adjourned at 9:30 P.M. June 20, 1977 The regularly scheduled meeting of Mayor and Council was held June 20, 1977 at City Hall, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7:30 o'clock P.M. All Councilmen were present. Also present was Attorney Chuck Camp, City Clerk Willouise Spivey, Controller Ron Egger, Police Chief Everett Little, Fire Chief Don,Atkinson, Director of Parks and Recreation Lee Silver, City Inspector David Granade, Director of Public Works Jim David, Director of Civil Defense Jim Farley and representatives of the press. Invocation was given by Homer Kuhl, followed by the pledge to the Flag. No Citizens Reports. (Continuation of June 20, 1977 Meeting) The public hearing on Revenue Sharing expenditures was postponed until next Monday night when all the budgets will be approved. Frank Gardner, Chairman of the Certified City Committee, gave a report on the committee's activities thus far. He stated the committee had covered the city, at their own expense, and made their own survey. They have combined this survey with the one done by Georgia Tech in September, 1975. They found that approxi- mately 90%,of the discrepancies was clearly cleanup operations; thus the ward by ward cleanup project was begun and is working. Another problem is the lack of signs designating public buildings in the city. Many of these problems will be eliminated when the long range program begins. He thanked Mayor and Council as well as the department heads, for their cooperation. Jim Tolleson expressed his thanks to the committee and stated we were still trying to get a street sweeper. Mrs. Henry Koningsmark requested property located at 1326 Concord Road be rezoned from Future Commercial to General Commercial. Bill Lucas, representing Mrs. Koningsmark, wanted to purchase the property and build a tire store. He stated the building would be metal, with a brick front, that he could purchase the ad- joining lot giving him 161 foot frontage and the driveways would be from Concord Road. Mr. Eugene Rice, spokesman for the opposition to this zoning, presented a petition of 46 signatures against the zoning. Bill Darby made a motion the permit be granted since there was a business across the street. Elbert Coalson seconded the motion. During discussion Homer Kuhl said he did not think this was a proper location for this type business and it does not comply with the Future Land Use Plan. The Planning and Zoning Board recommended this zoning be denied. Elbert Coalson stated he misunderstood the motion and withdrew his second. Homer Kuhl made a motion to deny the zoning. Jerry Mills seconded the motion and the vote was six for and one against. Bill Darby voted against the motion. Burton S. Baldwin requested property located at 725 Burbank Circle be rezoned from Residential to Limited Commercial. Mr. Baldwin stated he would like to convert the residence into a real estate office, florist shop or a similar business. The Planning and Zoning Board recommended this rezoning be denied. Bill Hayes was spokesman for the opposition. Elbert Coalson made a motion the zoning be denied, due to the reasons stated by the Planning and Zoning Board. Rem Bennett seconded the motion and the vote was unanimous. Bids were opened for a van for the Parks and Recreation Department, read and are recorded as follows: Trade City GMC $7,717.06 - 1978 model, delivery 12 to 16 weeks Day's Chevrolet No Bid C. 0. Canada made a motion the bid be rejected, due to the length of delivery time. Rem Bennett seconded the motion and the vote was unanimous. Bids were opened for (1) 1977 LN800 Ford Chassis for the Sanitation Department, read and are recorded as follows: Peach State Ford $12,980.97 Capital Ford Truck $15,975.10 Jerry Mills made a motion the bids be turned over to committee with authority to act. Elbert Coalson seconded the motion and the vote was unanimous. Mayor Bacon advised the wrecker service contract expires July 8, 1977. He appointed a committee of three, C. 0. Canada, Bill Darby and Rem Bennett to work with Police Chief R. E. Little in drawing up guidelines for the new wrecker service contract. Commercial building permits were presented by City Inspector David Granade and upon his recommendation the following action is recorded: (1) Barry and Peggy M. Adkins requested a building permit to build a duplex at 1114 Church Street. Homer Kuhl made a motion the permit be granted. Bill Darby seconded the motion and the vote was unanimous. (Continuation of June 20, 1977 Meeting) (2) Amtere Corporation was granted a permit to install a building in Cobb Center December 16, 1976. This permit has expired and they are now asking the permit be renewed, with permission to erect the building at another site in Cobb Center. Elbert Coalson made a motion the permit be granted. Rem Bennett seconded the motion and the vote was unanimous. (3) Sally C. Kelly of 1794 Cimmaron Court requested a side yard variance in order to enclose a carport. A letter was presented from the adjoining neighbor which read as follows: "It is my understanding that Sally C. Kelly of 1794 Cimmaron Court, Smyrna, Ga. has applied for a building permit to enclose her carport. I further understand that the building as it is presently erected does not meet the side yard set back requirements, being only six feet from the adjoining property rather than the required ten feet. As the abutting property owner, I have no objection to the carport enclosure." Signed: Mrs. William Hopwood and William H. Hopwood. (4) George B. Hansel Jr. requested a permit to move a building, purchased from Woodland Products, onto a lot owned by the C&S Bank and located at 2461 South Cobb Drive to use as an office for a used car lot. A letter was submitted, signed by Peggy Smith, which read as follows: "Be it known that I, Earl Smith of Earl Smith Floors agree to allow the use of my rest room and facilities to the car lot at 2461 So. Cobb Drive." Elbert Coalson made a motion the permit be approved. Jerry Mills seconded the motion and the vote was unanimous. (5) Welcome All Baptist Church requested a permit to remodel a building at 460 Bourne Drive to use as an activity building. C. 0. Canada made a motion the permit be granted. Elbert Coalson seconded the motion and the vote was unanimous. (6) U. S. Petroleum Corporation requested a permit to construct a self-service automotive fuel.center at 3815 South Cobb Drive. Plans had been approved by the Fire Department.. Elbert Coalson made a motion the plans be approved. Jerry Mills seconded the motion and the vote was unanimous. (7) Nance Brown requested a variance in the King Springs Plaza Shopping Center but it was postponed until the police check was completed on the manager. (8) Amvet Corporation applied for a building permit at 2520 Spring Road for an Amvet Center. Jim Tolleson said they had continued to remodel without the permit. It was brought out the traffic is too bad at this location to have this type business. Jim Tolleson made a motion the permit be denied. Elbert Coalson seconded the motion. Homer Kuhl said he did not want bingo in the city but thinks we must approve the permit. After discussion, C. 0. Canada made a motion the request be tabled until the next meeting to allow more time to investigate. Jerry Mills seconded the motion. Vote on the motion was six for and one against. Jim Tolleson voted against the motion. On motion by Rem Bennett, seconded by Jim Tolleson, Chapter 6, Article II, Building Code, Section 6-10, Appendix K, Sub Section (e) of the Code of Ordinances, City of Smyrna was amended to read as follows: Sub -Section (e) Plan -Checking Fees - "When the valuation of a proposed addition exceeds $1,000.00 but is less than $5,000.00 there shall be no plan -checking fee. When the valuation of the proposed residential construction exceeds $5,000.00 the plan checking fee shall be $20.00. When the valuation of the proposed commercial construction exceeds $5,000.00 said plan -checking fee shall be equal to one-half of the building permit fee as set forth in Section 107.4." Vote on the motion was unanimous. Mayor Arthur T. Bacon advised that Roy Free's term on the Civil Service Board has expired. C. 0. Canada made a motion Roy Free be appointed to the Civil Service Board for a term of six (6) years. Homer Kuhl seconded the motion and the vote was unanimous. Due to the first Monday in July falling on the 4th of July, the next council meeting was changed to the first Tuesday, July 5, 1977. July 5, 1977 was the date set to hear the appeal of David W. Mulks of the decision of Recorder's Court on June 16,,1977. Attorney Camp read the ordinance creating the position of a Finance Administration Director. After discussion, it was delayed until the next meeting. (Continuation of June 20, 1977 Meeting) C. 0. Canada made a motion to close Sanford Place on July llth through July 15th from 5:00 P.M. until 10:00 P.M. during the Pony League District Tournament. Bill Darby seconded the motion and the vote was unanimous. C. 0. Canada made a motion one-way street signs be put up on Sanford Place. Elbert Coalson seconded the motion and the vote was unanimous. Homer Kuhl made a motion that resolutions be signed by Mayor Arthur T. Bacon en- abling the city to apply for two federal grants. Rem Bennett seconded the motion and the vote was unanimous. Attorney Camp reported he had researched the annexation code and checked with the Attorney General's office on the annexation of streets. Streets are annexed differently according to the type of annexation and the laws are not too plain. Attorney Camp advised the city to meet with Cobb County and work out a formal plan on annexing streets. Committee Reports - Jim Tolleson advised the city had had no fire losses in May. Bill Darby made a motion we request bids for the installation of four (4) sirens, to be opened at the next meeting. Homer Kuhl seconded the motion and the vote was unanimous. To be paid from Revenue Sharing funds. Bill Darby reminded every- one of the Blood Drive, June 22, 1977 at the First Methodist Church from 3:00 P.M. until 7:00 P.M. Jim Farley, Director of Civil Defense, stated he would like to see the city give an annual award to the department giving the most blood, to be figured on a percentage basis. Jerry Mills recommended this item be turned over to the Employees Benefit Committee. Jerry Mills made a motion that a all -way stop sign be erected at Elmwood Drive at Corn Road. Jim Tolleson seconded the motion and the vote was unanimous. Homer Kuhl made a motion that Wallace Pate's CPA firm audit the city books another year. Rem Bennett seconded the motion and the vote was unanimous. Homer Kuhl called a Finance Committee meeting for 3:00 P.M. Thursday afternoon, and a Budget meeting at 7:30 P.M. Monday night. C. 0. Canada made a motion a three-way stop and Smyrna Powder Springs Road. Homer Kuhl unanimous. sign be erected at Old Concord Road seconded the motion and the vote was C. 0. Canada announced the Smyrna Parks and Recreation Track Team members Cindy Cochran, Kenneth White and Sam Hill all won State of Georgia AAU Junior Olympic titles and advanced to the Region III Championships at Auburn University on July 8th and 9th. Ten local area track stars running under the Smyrna name also won and advanced. Smyrna won 3rd place in Boys 10 and 11, 1st place in Boys 14 and 15, 2nd place in the 16 and 17 boys division. The girls team finished 8th out of a field of 13 teams. C. 0. Canada made a motion the city pay $55.00 for lodging, meals, gasoline for the Director to accompany the team to Auburn University. Jim Tolleson seconded the motion and the vote was unanimous. The team will run this Friday and Saturday in the Atlanta Invitational Track and Field Championships at Lakewood Stadium. The 4th of July Festival will be held on July 2nd and the parade begins at 10:00 A.M., the cake cutting will be at 11:15 A.M., watermelon cutting at 3:00 P.M. and fireworks at 10:00 P.M. Citizens Input: Nancy Puffe, a member of the Certified City Committee, asked if the program was going to be allotted any funds. Homer Kuhl stated $1000 had been set up in the Revenue Sharing budget and a public hearing of these expenditures would be next Monday night. Faith Moore of Farmstead Condominiums stated they were having trouble with kids from the park climbing over the fence and they were afraid someone would be drowned in the swimming pool, also cars pulling into the parking spaces next to the fence were hitting the fence and damage was being done. It was suggested "no trespassing" signs be put on the fence and Jim Tolleson said the city would put down railroad ties in front of the fence to act as stop bars. (Continuation of June 20, 1977 Meeting) Attorney Camp recommended a separate file be on record of all the traffic con- trol devices approved in the city, to be filed in the office of the City Clerk. Homer Kuhl asked to make a statement. He said it had been a privilege to serve as a councilman for 131-2 years for the best citizens in the State of Georgia, and regretted he had to resign as of July 1, 1977, due to his company transferring him to Columbus. He thanked his wife for her cooperation, also the Council. Members of council expressed their regrets and thanked Mr. Kuhl for the good job he had done for the City of Smyrna and stated it had been a pleasure to work with him both as a councilman and as a friend. There being no further business the meeting was adjourned at 9:18 P.M. June 27. 1977 A special called meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, June 27, 1977 and called to order by presiding officer Mayor Arthur T. Bacon at 7:30 P.M. All Councilmen were present except Rem Bennett, who was on vacation. Also present was Attorney Chuck Camp, City C1erk.Willouise Spivey, Controller Ron Egger, Fire Chief Don Atkinson and Director of Parks and Recrea- tion Lee Silver. Invocation was given by Homer Kuhl, followed by the pledge to.the Flag. Citizens Reports - C. J. Fouts presented plans for a warehouse to be built on Atlanta Road. Fire Chief Don Atkinson said the plans met the requirements of the State Code but were not stamped by a Certified Engineer, and they could not be approved without this stamp. Mr. Fouts said they would get the required stamp this week and asked for a temporary permit in order to lay the foundation of. the building.....Homer=.Kuhl made a motion to issue a permit to lay the foundation only. Jerry Mills seconded the motion and the vote was unanimous. Lee Silver invited Mayor and Council to take part in the July 4th festivities by sharing in the cake cutting at 11:15 A.M. and the watermelon cutting at 3:30 P.M. Lee Silver,,,Director of Parks and Recreation, along with members of his staff, presented Councilman Homer Kuhl with the departments "Gold Certificate." Lee stated that when he started to work with the City of Smyrna in 1974 he started giving these certificates to very outstanding persons only. The one presented to Mr. Kuhl was the 7th award given. Mr. Kuhl thanked Lee and his staff for the outstanding job they have done in the Parks and Recreation Department. The public hearing on the Revenue Sharing expenditures was held. Homer Kuhl stated that in the first public hearing two groups, the Senior Citizens and the Certified City Committee, were present and requested funds. The restrooms the Senior Citizens requested have already been installed and other requests have been included in this budget. The funds to be received through June of 1978 total $265,000. The budget for this year is for $244,286. Homer Kuhl made a motion the proposed Capital Expenditure Budget, Revenue Sharing Funds, be approved as presented, in the amount of $244,286. C. 0. Canada seconded the motion and the vote was unanimous. Homer Kuhl presented the General Fund operational budget as follows: Administrative $558,723 Garage 198,662 Library 46,836 Civil Defense 22,000 Streets 186,555 Police 742,448 Fire 573,812 Sanitation 378,480 Parks 245,935 F Purchasing 32,436 A motion was made by Homer Kuhl to approve the budgets as submitted. Jerry Mills seconded the motion. Mr. Kuhl stated this was a balanced budget and we will have a small amount in contingency. A 7% salary increase, plus additional personnel and equipment is included. Vote on the motion was unanimous.