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August 2/16/30, 1976 Mayor and Council 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. O. 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. O. 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 wil]_ 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 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: 1110 Dell Avenue was tabled. The variance request for the front yard fence at 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, Attorney and the Parks and Recreation Committee. Jerry Mills seconded otion 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- con and void and is confiscatory, and it is therefore ordered that the def onsider the application for rezoning of the Plaintiff and to rezone the property consistent with the classification that would not 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) try try to get Mr. Ruff together with the residents of that area and out a compromise. stated he had an appointment with the design engineer of the to discuss Atlanta Road and find out what action the Righway considering. He should have a report by the next council meeting. Jerry mitted. a motion the minutes of June 26. 1976 be approved as sub- 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. JeI'"ry 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 evening Reports, Jerry Mills stated there would be a meeting Tuesday 6:00 o'clock of all Firemen and Mayor and Council was invited. C. O. reported the Southeastern Regional Pony League Tournament would begin TU~$day night at Cobb Park. made a motion that all yield signs entering Highland Drive be stop signs, that stop signs be erected at the intersection of and Strathmoor. and at Balmoral and Strathmoor Road, also that 25 MPH signs be erected on both sides of Highland Drive and throughout the Jim Tolleson seconded the motion and the vote was unanimous. A forty-eight (48) signatures of Highland Subdivision residents requesting stop signs into Highland Drive from Inverness. Lochlomand. a letter from the Department of Trans- at the intersections of Jones Shaw and and Spring Road at Bell Drive. In their opinion traffic should not be installed at either intersection. Under case if Input, Jack Schnall urged the city to pursue the Ruff zoning present ruling took zoning authority away from Mayor and Council. Meeting adjourned at 9:30 P.M. ************************* August 16. 1976 The scheduled mid-meeting of Mayor and Council was held pursuant to the on August 16. 1976, 7:30 o'clock P.M. at City Hall, Smyrna, Georgia. The was called to order presiding officer Mayor Arthur Bacon. All councilmen were pxesent. Also was Chuck Camp, City Attorney. Willouise Spivey, Clerk, Jim David. SUPerintendent of Public Works, Don Atkinson, FireCl+ief, Everett Little. , Gene Roaster, 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 and Council for their effort and consideration property case. City to proceed with the appeal. he wou~d a committee to get together with Mr. Ruff, the area, City Attorney, along with Mr. Ruff's attorney and try a compromise. any evidence in the K. DuBuisson, by City Attorney motion the decision the motion and the of the decision of the . DuBuisson and Officer Camp. After hearing. the the recorder's court be vote was unanimous. recorder's Bill C. O. Paul GI'"oQver, owner of AAA approval for . with office located Atlanta license to operate a taxi in the City 421 (Continuation of August 16. 1976 Meeting) of Smyrna. He stated he and all his After discussion and Mr. Groover pertaining to cab companies. Bill approved. C. O. Canada seconded the drivers have valid permits from the City. he was familiar with our ordinance made a mot:ion the business license be motion and the vote was unanimous. 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 Comme to be used as a body shop. The building will be a Butler type build 0 cars would be on the premises more than ten (10) days. Mr. Ken whose back yard abuts the rear of Mr. Scott's property, objected to the zoning. He was about other commercial property in the area that was abandoned and ru though it was located in the county. Mr. Brunner did state that if an buffer was required. he would not object. After discussion Homer Kuhl made a motion the rezoning be approved as advertised. with the stipulation the 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 to within 150' of Pat Mell Road. then in an easterly direction 125' the existing house. and a IS' right-of-way on Pat Mell Road be given for street improvements. C. O. Canada seconded the motion and the vote was unanimous. were submitted by Building Inspector Gene Hoaster the 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 HOC 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. O. Canada made a motion to approve the permit. subject to the approval of the building inspector and the Fire Jerry Mills seconded the motion and the vote was unanimous. A interior granted. permit was by the First Baptist Church to remodel the Church Elbert Coalson made a motion the permit be Bennett seconded the motion and the vote was unanimous. Jo dd. of Kidd and Associates. Inc., sppeared before council to discuas the lity of revisions to and updating of's ordinance and zoning map. Some specific items that be 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 possib~e need for or map to submit a detailed requesting a change in the zoning ordinance of intent justifying their request. analysis of critical areas or "hot within the City where needed in the existing zoning classification. c (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 the Ci<ty. Mr. Kidd would like to work on this. along with the Flanning Zoning Board. Al Brook. Chairman of the Planning and Zoning Board stated he thought the revisions were very important. Jerry Milia stated the Employee's Rules and Regulation Handbook had been completed tion to have the City Attorney review it. Homer Kuhl seconded the vote was unanimous. All Councilmen were asked to review and study order to get approvai 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 the vote was unanimous. in the budget. and the Kuhl pointed out that one van was of the car would be in place of the van. Homer Kuhl made a motion the first council meeting in September be changed from 6. due to Labor Day. to September 13th. Jerry Mills seconded the the vote was unanimous. the State past the cause some . even if it of the entire the to 's plan was to three-lane Atlanta building. He stated this Jim Tolleson urged that we push for a bond issue. said a study area Atlanta Road. in study. Mayor Bacon suggested that council inite conclusion about what could be done do it. an he about the a at Dobbins AFB Wednesday and should have sweeper. With reference to the dog the . to have by the several cities about He also needed to know what Jim Tolleson said he would law. Rem Bennett stated the City Attorney was to have a committee . and hoped Attorney Camp said had it seemed there was no good dog ordinance. do with the dogs if we picked them up. the county to see if we could use their pound. Rem been on Lake Drive at Lake Court. which had by Lance Oil for storage. pipe in the warehouse empties a severe drainage Rem to Lance 011 held Kuhl motion the company installed storage. was center and asked the be checked. made a motion for a vote was Brooks be reappointed to the three years. C. . Canada and the C. a motion that Commission for a motion and the vote was unanimous. be three years. to Rem Bennett and the Jim made a motion that Marian Wilhelm be reappointed to Commission for a three years. C. o. Canada motion and the vote was and the C. stated the Superintendent of the . and is the garage realized the Public would be financed, but the City have furnish the buildings. hire more men. etc. He asked why we the studies made if we were not going to go by them. and is . He still had all short and buY is in for first until October. that reminded council of group insurance. 30, 1976 meeting, :00 P . to open approval of the Rules and Regulations a motion to under the State the motion and Chief Everett from Revenue was unanimous. four (Continuation of August 16, 1976 423 explained the Public Works Funds had to be spent within 90 days firm has offered to apply to the Federal Government that could be used for a Civil Defense building. Fire Station Works Jim Tolleson stated the back-hoe was costing too much to repaired. and he made a motion bids be accepted for a new one, to be paid 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 and Recreation Department for the National Gold Medal Award. last week that we were one of five finalists. The first place named at the National Congress the week of October 17. 1976. $1000 will be awarded the winner. the Smyrna Parks Lee was notified winner will be A cash prize of Gene Hoaster of Ward 7 stated that all citizens owning property the Ruff property at Concord Road and Hurt Road were not against the rezoning. He recommended we try to work out a compromise with 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. ************************* A called meeting of Mayor and Council was held August 30. 1976, at City Hall, Georgia. and called to order at 7:55 P.M. by Mayor Arthur T. Bacon. 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: $ 7,482.98 month 8,013.60 11.489.42 " " 8,037.55 " " 11,302.00 " " 11,012.00 " 6.835.44 " " 9.584.39 " II 9,084.72 " " 9,354.05 " " committee could check out 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 carr1_ed 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. Jim Tolleson and that an for these or a Public Meeting adjourned at 9:22 P.M. 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 The meeting WaS recessed until the insurance specifications of the four lowest bids. (Continuation of August 30. 1976 Meeting) about on Lake before and Council and stated when he 3rd. to the tape he did not mention storage tanks Lance Oil Company, who land Mr. Curtis apologized. stating he had no intention of mis- there would be two underground tanks. He stated they had and would solidify agreement when plans are The meeting adjourned at 9:45 p ************************* ARTHUR T.