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September 13/20, 1976 Mayor and Council 425 September 13. 1976 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter on September 13. 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. Lee Silver. Director of Parks and Recreation. Jim David. Supt. of Public Works. Don Atkinson. Fire Chief. Everett Little, Police Chief. Gene Hoaster. Building Inspector. J. S. Ross of Ross & Associates and representatives of the press. Invocation was given by Councilman Homer Kubl. followed by the\.. pledge to the flag. Terry Clayton from Jonquil Sporting Goods asked to present three plaques to the Parks and Recreation Department. Mayor Bacon asked the Parks Committee. C. o. Canada. Rem Bennett and Homer Kuhl. along with Parks and Recreation Director Lee Silver to accept the plaques. The first plaque stated the Smyrna Parks and Recreation Department had been nominated for the "Gold Medal Award." The second was the "Finalist Award" which states Smyrna is one of five in their class to make the finals. The third was given on behalf of the Sports Foundation and the National Sporting Goods Association for being a "Finalist." Lee Silver. Director. on behalf of Mayor and Council and the Parks and Recreation Commission. thanked Jonquil Sporting Goods for nominating us. Mayor Bacon presented the Distinguished Valor Award to Scotty Powers for saving the life of four year old Eddie Priest on August 17. 1976. at Jonquil Pool. Mr. Powers is a teacher of Physical Education at the Griffin Middle School and assisted Lee Silver this summer at the pools. Mayor Bacon praised the quick thinking and know-how of Mr. Powers and the staff at Jonquil Pool. James Pruitt. owner of Colonial Self Storage. asked for a set back variance on South Cobb Drive in order to construct a building the same distance from South Cobb Drive as the existing Brookview Apartments. Rem Bennett made a motion that a va be granted to allow Mr. Pruitt to build no closer to the street than the partments. The motion was seconded by Homer Kuhl. After discussion about the exact footage of the variance. the motion and second were withdrawn. Rem Bennett made a motion that we grant Mr. Pruitt a variance of the same set-back of the existing apartments. Homer Kuhl seconded the motion. Building Inspector Gene Roaster is to determine the exact footage of the variance to be entered into the minutes. Vote on the motion was unanimous. Rowd. representing the owners of Crestwood Apartments. presented a that they be approved to participate in the City of Marietta Section 8. istance Payments Program. Mayor Bacon stated he. Rem Bennett and Jerry alked with the resident manager and he found no reason why we should the resolution. Ms. Rowd explained this was a City of Marietta funded under the guidel~nes of RUD. Section 8. Applicants are screened on an individual basis. and they cater to the elderly since they do not move as often. and make good tenants. If an applicant meets the requirements and are approved. the C~ty of Marietta. Section 8. will pay a percentage of the rent. This was referred to committee to be brought up at the next council meeting. Bob Silliman stated that on June 28, 1976 he appeared before Mayor and Council as Attorney for Radio Station WYNX and asked permission to erect a radio tower of 155 feet. They now f~nd the he~ght required by FAA to be 199 feet. Elbert Coalson made a motion to approve the request of 199 feet in height for the tower. C. O. Canada seconded the motion and the vote was unanimous. Jesse E. Wood. Jr. requested rezoning of property located in LL 450. Church Street. Lots 100. 101. 102 and 79 feet of Lot 103. from R-15 to RM-12. for the pu of building one (1) seven-unit apartment building. He stated that to the present zoning he could build six single family dwellings. Mr. sed this property was only two lots of record and only two houses could t. Mr. Woods stated he had been told he could build six (6) single dwellings and if only two could be built he has been misinformed. Al spokesman for the opposition, stated that the residents of Church Street the City of Smyrna grow and Church Street shrink. first with the the school gone and the installation of a traffic signal had greatly affic. Re said the residents had suffered drainage problems. due ruction of exiating apartments. and the city had spent quite a sum of money on drainage problems. It was brought out the Planning and Zoning Board recommended the zoning not be approved due to the additional traffic and (Continuation of September 13. 1976 Meeting) narrow street. After more discussion Homer Kuhl motioned that due to traffic. speed:in.gand drainage problems the rezoning be denied. Jerry Mills seconded the motion and the vote was unanimous. Bids for a tractor loader backhoe were opened. read and are recorded as follows: Ponce de Leon Ford Tractor Co. Cobb County Tractor Co. Cook Motor Co. $17.177.00 16.737.00 Alternate-$17.337.00 16.800.00 Alternate-$17.840.00 Homer Kuhl made a motion the bids be turned over to the committee with authority to act on the low bid. Jerry Mills seconded the motion and the vote was unanimous. Bids for a 1977 Ford 4-Door Hardtop for the Fire Chief were opened. read and are recorded as follows: Carey Paul Ford Rarry White Ford Strother Ford Co. $5.635.71 5.602.44 5.532.66 Jerry Mills made a motion the bids be turned over to committee with authority to act on the low bid. Homer Kuhl seconded the motion and the vote was unanimous. building permits were presented by Building Inspector Gene Hoaster and upon his recommendations the following action is recorded: a Mr. Rolman of 3001 Clifton Road. requested a back yard variance. The stated a concrete and brick utility building was already built had complained the building was too close. if not partly on her Upon checking he found the building apparently was too close to the line. Mayor Bacon advised Mr. Holman that in order for us to give him he would have to have the approval of the adjo:ining property owner. gave Mayor and Council a copy of a plat of his property. The , Ms. Rarris. also presented a survey plat of her property. complaint was that the building was too close to her property and that her neighbors had built rooms. buildings. fences and walls without getting permits from the City. She stated that two firms were called to survey her property this week but neither finished the job. Attorney Camp stated he could not determine from the plats if Mr. Holman was in violation. Romer Kuhl advised Ms. Harris that Mr. Holman waS in violation for not getting a permit and that something would be done. and that she would be notified of the situation as it Mr. Holman stated he did not know that he had to have a permit and he would get with City at their convenience and trY to work out. Ms. Harris requested that everyone who had done any building be get a permit. The request for a variance was tabled. (1) made (2) Blankenship of 1195 Pinehurst Drive requested a variance to build a 15 x block utility building within three feet of the common property line. Homer Kuhl stated he thought this house was located at the corner of Pinehurst Drive and King Springs Road. and since there was no plat attached showing where. the building would be located on the lot. and Mr. Blankenship was not present, the request was tabled until the next meeting. (3) Hiatt of 4160 Manson Avenue requested a permit to radio tower approximately 150 feet in height, FAA approval not Bennett made a motion the permit be granted. C. O. Canada seconded and the vote was unanimous. a ham Rem motion (4) a permit to construct a dental office Corn Road. Plans had been reviewed by the marshall and they recommended the permit be the permit be granted. Jim Tolleson seconded the (5) construct an all steel building at 2136 Plans had been viewed by building was to be noted on the planS that he when the property was rezoned. Elbert granted. C. o. Canada seconded. the motion and the 427 (Continuation of September 13. 1976 Meeting) (6) Allen H. Halpern requested a permit to subdivide the old Top Value Store building in the Belmont Shopping Center into two buildings. Plans had been reviewed by the building inspector and the fire marshall and they recommended it be approved. Rem Bennett made a motion the permit be granted. Homer Kuhl seconded the motion. Jim Tolleson requested that separate water meters be required. Vote on the motion was unanimous. Gene Roaster stated he had received a letter from the Smyrna Fire Department requesting that he look into some unoccupied and abandoned dwellings on Ventura Road. some of which had been set afire. The Fire Department stated the building inspector had the authority under Southern Building Code. Section 103.4. to condemn the buildings and have them removed. Gene stated he would contact the owners and see what they would agree to do. Jerry Mills stated he thought some of these houses had been condemned by the previous administration. Jerry Mills reported that Prudential Insurance Company was awarded the contract for the Employees Group Insurance. Clyde Woolsey and Earl Styes are the agents. They are getting out a letter to each employee. explaining the coverage. and will meet with employees next week to answer any questions. Jerry Mills made a motion the Rules and Regulations Handbook and the Ethics and Conduct Rules be approved. Homer Kuhl seconded the motion and the vote was unanimous. Lee Silver. as requested by C. O. Canada, asked that bids on playground equipment for King Springs Park be waived, as no two companies make the same playground equipment. He said he would like to purchase the same playground equipment for Ki Park as we have at Askea Park, for approximately $3.000.00. C. O. C a ID~tion this equipment be purchased. Homer Kuhl seconded the motion and the vote was unanimous. C. O. Canada requested approval to secure bids on a dump truck for the Parks Department, to be opened at the next meeting. Lee Silver explained the truck would be purchased instead of other equipment approved under Revenue Sharing. The unofficial bid from one company was $9.234.41. plus $200.00 for painting. and $9.242.00. plus $200.00 for painting from another company. After discussion as to whether funds were available it was brought out the truck would not be delivered until October. C. O. Canada made a motion that bids be received for a dump truck for the Parks Department. Homer Kuhl seconded the motion and the vote was unanimous. Homer KOOl read a proposal from Plumbing Inspector W. L. Westbrook that the following changes be made in the Plumbing Code: Sec. 176. page 71, to read as follows: WASTE AND VENT MATERIAL Romer KOOl made a motion this amendment to bhe Plumbing Code be approved. Mills seconded the motion and the vote was unanimous. Jerry to read as follows: ed Romer KOOl made a motion this amendment to the Plumbing Code be approved. Mills seconded the motion and the vote was unanimous. Jerry (Continuation of September 13. 1976 Meeting) Jerry Homer a motion the minutes of August 2. 1976 be approved as submitted. seconded the motion and the vote was unanimous. Jerry Mills made a motion the miuutes of August 16. 1976 be approved as submitted. Rem Bennett seconded the motion and the vote was unanimous. Homer Kuhl made a motion the minutes of August 30. 1976 be approved as submitted. Jim Tolleson seconded the motion and the vote was unanimous. Jim Tolleson made a motion the City Attorney be granted approval to file an appeal in the LaFelle Ruff property rezoning case. Bill Darby seconded the motion. Rem Bennett read the following letter which was hand delivered to the City Clerk at 3:15 P.M. on the 10th day of September. 1976: The Honorable Arthur Bacon Mayor of City of Smyrna Smyrna. Georgia 30080 RE: R. L. Ruff. Sr. versus the City of Smyrna. Georgia. et al Dear Mayor Bacon: It has been called to my attention that the Mayor and Council of the City of Smyrna are presently making certain decisions concerning the subject matter of the above case. One of the councilmen. Mr. Rem Bennett. is disqualified from sitting on any official body whereby decisions concerning the subject matter of the above case are made. This arises out of the fact that the Bennett Realty Corporation in the above case and therefore has a personal interest in the out- come of same. Councilman Bennett. having an interest in said corporation. is therefore disqualified and let this letter serve as notice to the City of Smyrna that if this matter is not acted upon by the City that Mr. Ruff will invoke all legal remedies available to him to assure the protection of his rights. I and he public that our position in this matter can be verified by your attorney with the announce.me.nt of Justice Head as early as 1950 whereby common-law rule. that no public agent may make a profit out of business intrusted to his care. is the rule in this State". With kind regards. I remain Very MCDONALD & DUPREE SIGNED/ HYLTON B. DUPREE. JR. HBD/as Bennett stated that he would. to protect himse-lf as well as the City from another suit. abstain from voting on this motion. Homer Kuhl said that he was in favor of the appeal. in that the deprives the elected officials of the right to represent the people who them to office. Attorney Camp said that our appeal would be based solely the errors made in the Judge's ruling by not allowing us to introduce evidence. Elbert Coalson said that in his opinion Ward 7 is being deprived of their representation. since Rem Bennett cannot vote. Attorney Camp stated that although the time of original vote to rezone the Ruff property. Bennett Realty did not adjoining property. his advice to Councilman Bennett would be any vote tonight. Mills said that if we do appeal felt that anytime was denied by the be and all the would be made by Attorney he had been advised of the transcript of would be and $1500. and he give the City a of the estimated the cost to between $3500 and $5000. upon Discussion from the floor and it was speaking that should appeal the case. Mayo~ Bacon vote. Six voted for motion and one. Rem Bennett. abstained. 429 (Continuation of September 13, 1976 Meeting) Rem Bennett said he had met with Ernest Barrett. Chairman of the Cobb County Board of Commissioners. about our dog problem. and at this point it seems Mr. Barrett has agreed to let us have a truck. with a cage. and the right to dispose of the dogs at the County Dog Pound. Attorney Camp is going to rewrite the county regulations into an ordinance for adoption by the City. Rem Bennett said we might be able to use a street employee to man the truck as it might not be a full-time job. He also suggested we advertise the ordinance in the paper in order to notify the citizens before we actually start picking up the dogs. Committee Reports: Jim Tolleson reported water billings last month was $103.714.02. with 81 new connects and 62 disconnects. Bill Darby made a motion that we place an order for Civil Defense equipment. two mobile radios and one walkie-talkie. immediately in order to get it before a price increase going into effect on the 27th of September. The equipment to be del" in January. 1977. Our cost of the mobile radios will be $2708 and the talkie will be $1511. Homer Kuhl seconded the motion and the vote was unanimous. Bill Darby asked the police committee to meet with him and the Police Chief immediately fOllowing the meeting. Bill Darby stated he was concerned that so many people would turn out for a zoning hearing and only about ten people showed up when we approved the City budget of two and a half million dollars. He said he would like to see more of the citizens at all the meetings and thanked those that do show up. Jerry Mills made a motion that an examination be given to fill the Captain vacancy now open in the Bureau of Fire Prevention. also that the pay grade of said position be in line with that of a Captain in the Fire Department. Homer Kuhl seconded the motion and the vote was unanimous. Homer 1 stated there were still some discrepancies in the financial statements but they were being corrected. Collecti.ons are slow and the tax bills will hopefully go out in October. It may be necessary to make a loan to tide us over until taxes start coming in. C. O. Canada said that Lee Silvers and other Parks personnel would be leaving for Boston to pick up the "Gold Medal Award" the 16th of next month. Rem Bennett said that Mr. Fred Cox. with Commercial Sweepers. was in the audience and had met with the committee about cleaning up our streets. Mr. Cox has demonstrated the sweeper and Rem said that after the street department does the initial cleaning. Mr. Cox would contract on any basis. whether hourly. weekly or monthly. The first priority would be the commercial streets. then the residential. Rem stated he wou~d like for Randy Jones to start with the initial cleaning of stree e commercial areas as it probably will take him a month. and then cont Mr. Cox on either a weekly or monthly basis. By the time the reets have been cleaned we should know if we want him to clean the treets, or contract him on a regular basis. Romer Kuhl stated that since this was not covered in the budget that he would like a schedule of the anticipated monies involved. This was referred back to committee for more detailed statistics next council meeting. Rem Bennett stated that we needed to look at the $3.9 billion PubJ_ic Works appropriation and decide what we were going to do. Lee Silver explained the grants. Lee also stated that BOR had approved the parks project but that we must actually own the land before the grant can be approved. Mayor Bacon will contact the Senators about this. A meeting was called for Saturday morning to discuss these grants. s Input: Sue Brissey asked that the ordinances on the books be enforced. Business should be forced to clean up the property. Jerry Mills and Romer Kuhl explained the long eSB of enforcing some of these ordinances. but that they were being enfo Jack Schnall asked if we had received anything on the Federal Appropriation for the study of sewer systems. Mayor Bacon advised him that we were in the process of applying for this. The paper work is being filled out at this time. (Continuation of September 13. 1976 Meeting) Mayor Bacon would meet with us council that Jerry Elkins of the University of Georgia on the 16th of September at 11:30 A.M. Next council meeting will be September 20. 1976. Meeting adjourned at 10:10 P.M. ******************************* September 20. 1976 The scheduled mid~monthly meeting of Mayor and Council was held pursuant to on September 20. 1976. at 7:30 o'clock P.M. at City RaIl. Smyrna. Ceorgia. The meeting was called to order by presiding officer Mayor Arthur Bacon. All Councilmen were present with the exception of C. O. Canada. Also present was Camp. City Attorney. Willouise Spivey. City Clerk. Lee Silver. Director of and Recreation. Jim David. Superintendent of Public Works, Don Atkinson. Fire Chief. Everett Little. Police Chief. David Granade. Acting Building InspeCtor and representatives of the press. Invocation was given by Councilman Romer Kuhl. foll.owed by the pledge to the flag. C. M. of 2760 Sanford Road requested a Residential Business License to small saw filing in his home. After some discussion Elbert Coalson made motion the license be granted. Rem Bennett seconded the motion and the vote was unanimous. a letter from Gene Roaster in which he resigned the position Inspector. effective September 30, 1976. due to a change of Mayor Bacon had asked Mr. Roaster to make any recommendations he thought should be made with reference to the position of building inspector. Ris recommendations are as follows: (1) are some dropped completely. ordinances and make city ordinances that probably need to be changed and/or I recommend a firm outside the city. review all the City recommendations for changes. (2) The ordinance needs revision and/or deletion so that it can be enforced equally and adequately. (3) on The inspector be a full time salaried employee of the City (not responsible for enforcement of all the ordinances not otherwise or other appropriate bodies. as wll as enforcing the business (4) My recommendation for building inspector would probably be a tough, semi or fully retired person with the construction background and knowledge to handle the type of problems associated with the job. it may be possible to . plumbing and inspection. a more fully qualified and air conditioning could do along with Kuhl made a motion the building inspector. electrical . plumbing . heating and air conditioning inspector be combined into qne position. to be entitled "Building Inspector". to be paid a salary. rather than on a basis. Jerry Mills seconded the motion and the vote was unanimous. stated that a of Building receive his Engineers W. L. stated David Granade. to fill and recommended he job. Mr. Degree in December. Qualifications and require- plumbing inspector and Boring. for the Rem Bennett cooperation support of City. 431 (Continuation of September 20. 1976 Meeting) Billy Alton of 1245 Daniell Drive requested a Residential Business License in order to operate a small printing 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. Mr. Whitman. owner of Crestwood Apartments. appeared before Mayor and Council concerning the Resolution that they be approved to participate in the City of Marietta Secti.on 8. Housing Assistance Payments Program. Mr. r.fuitman explained the program could be withdrawn at any time, and that applicants were screened on an indivi.dt.lal basis. Re stated he had spent approximately $165.000 on the renovation of these apartments and he certainly would not participate in any program that would be detrimental. Mayor Bacon asked if there was any opposition to this program. Lee Askea, an adjacent property owner. and E. E. Cannon. owner of Andover Apartments spoke against the program. stating they were afraid it would be low rent housing. After discussion Jim Tolleson made a motion to approve the Resolution, allowing the Crestwood Apartments to participate in the City of Marietta Section 8. Housing Assistance Payments Program. Bill Darby seconded the motion and the vote was four to two. Voting for the motion was Jim Tolleson, Bill Darby. ~Terry Mills and Rem Ben.nett. Voting against was Homer KOOl and Elbert Coalson. Commercial Building permits were presented by Acting Building Inspector David Granade and upon his recommendations the following action is recorded: (1) A request waG made by Taylor Made Keys for a permit to erect a free standing booth inside the mall at Cobb Center. to use in making keys. Plans had been approved by the Fire Prevention inspector. Jerry Mills made a motion the permit be granted. Rem Bennett seconded the motion and the vote was unanimous. (2) James C. Llewallyn requested a permit to enclose the front entrance of the Old South Barbecue building at the corner of Burbank Circle and Cherokee Road. Elbert Coalson made a motion the permit be granted. Rem Bennett seconded the motion and the vote was unanimous. (3) Lance Oil Company requested a permit to install four (4) 10.000 gallon storage tanks and build a platform on their warehouse on Lake Drive. Plans had been approved by the fire inspector subject to the following restrictions: (a) Tank installation shall be of underground type only and shall comply with Article 16. City Fire Code as ref: by NFP standard 30. Pressure test shall be witnessed and recorded by the Bureau of Fire Prevention prior to placing them in service. (b) In addition to separator and safety regulators on dispensing units. the area shall be diked as shown in accordance with Article I. Section 1.5. City Fire Code. (c) In accordance with Article 14. Section 14.2. City Fire Code. (RE: NFPA #10) Install two 20 lb. minimum CO2 fire extinguishers as specified by symbol Jerry met. e pe it be granted subject to stipulations being the motion and the vote was unanimous. (4) W. M. Blankenship of 1195 Pinehurst Drive requested a variance in order to build a utility room within three feet of the property line. He submitted a letter from his neighbor at 1185 Pinehurst Drive stating he had no objections to Mr. Blankenship building within three feet of the common property line. Homer Kuhl made a motion the variance be approved. Rem Bennett seconded the motion and the vote was unanimous. It was reported that Cobb County Commissioner Ernest Barrett had promised us a truck. complete with cage, to use in picking up dogs. Attorney Camp said he was studying the Cobb County Dog Ordinance and if compatible. could be used without being changed. Rem Bennett made a motion to approve Fred Cox to sweep the residential streets with a two-ton Temco sweeper on a trial period. not to exceed one week (40 hours) at $25.00 per hour. or $1.000.00. Homer Kuhl seconded the motion and the vote was unanimous. This cost will be paid from State Grants Funds. (Continuation of September 20. 1976 Meeting) Jim for be unanimous. motion from Lake $4605.48. be approved to purchase cast iron pipe the Lance warehouse on Lake Drive. cost to Kuhl seconded the motion and the vote was A owner abutting the Cr~stwood Apartments said the approval of the unpopular and asked what they could do about it. The program to him and he was informed it could be stopped at any time. was the Mr. Cannon. would be enrolled in at any time. Mr. Whitman on the number or elderly the program. Mr. Whitman stated he could see Sue stated that if more people came to council meetings they would be as the action taken effects us all. Attorney reported that change of election day was acknowledged by the Justice Department under the Civil Rights Voting Rights Act. and requested authorization to do whatever was necessary to provide the Justice Department with information that would enable them to refrain from opposing annexation under the Civil Rights Act. of made a 5th. unanimous. stated the Lockheed Appreciation Day. sponsored by the Cqbb Chamber was on the same date as our next council meeting. RomerKuhl to change the date of our next council meeting to Tuesday. October of Monday. October 4th. Rem Bennett seconded. and the vote was Meeting adjourned.