October 5/18, 1976 Mayor and Council
433
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-tern Homer Kuhl. Mayor Bacon
was absent due to nlinor 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. x1rs. 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 O. 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 ,\Tas unanimous.
nted out that
and Council agreed
too many residential business licenses were being
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)
at
he
iss
Ed W. Armstrong requested a building permit to build an office and warehouse
Street. The plans had been approved by the Fire Department and
the permit be granted. Jerry Mills made a motion the permit be
Canada seconded the motion and the vote was unanimous.
(2) Abraham W. Kassis of 326 Autumn Lane requested a variance in order to build
utility building within three feet of his neighbor's property line.
ed a letter from J. E. Spear of 317 Eighview Drive stating he had no
ons 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. o.
Canada seconded the motion and the vote was unanimous.
Dr. Norton
requested a building permit to refinish the interior of an office
Road. The plans had been approved by the Fire Department and he
be approved. Rem Bennett made a motion the permit be granted.
seconded the motion and the vote was unanimous.
C. Hilton for a variance for a fence in the front and side
Inspector David Granade read a letter he had written to James W.
September 24, 1976. with reference to a utility building that was
close to the property line. He stated that to date he had had no reply
. Hol.man. Mr. Kuhl stated that he did not think any action should be taken
e had been found to be in violation of the City ordinance. Inspector
Granade said that Mr. Holman applied far 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
t rear property line is not correct, that his neighbor Mrs. Kirkland has a
s 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
would
codes
had a
and it does not meet the building inspections, then that
problem. He stated he could make the building meet the building
but that the building was clear of the property line and he
that he showed the Councilmen at the last meeting that will show and
the property line is in error, and the property pin is not accepted
neighbors. He stated that if Mrs. Kirkland was able she would be
to make a complaint of the property line error. David 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 existing fence line. . Kuhl advised the building inspector based
his on an on-site particularly the fence, and until it is
proven otherwise, Council will go by citation given Mr. Holman. It is up to
Mr. to prove within the next thirty (30) days, that he is not in violation.
Mr. stated he proved that he was not in violation of the ordinance by
Council a sealed survey. and he would like to appeal this to a court. A
permit has not been issued to date, according to the building inspector.
a letter from Kidd and Associates in which they made a proposal
study for the City. The cost would be approximately $2500.00
or and the project could be accomplished within sixty days. Mr. Kuhl
stated a meeting would be set up with Mr. Kidd.
reported the street sweeping project had been delayed because they
to send for another sweeper. It should be here in about a week.
read a letter written Arthur Bacon to Thomas D.
Department of Transportation. State of Georgia, with
3 (Atlanta Road) in Smyrna. Mayor Bacon stated in
definite commitment of funds from the State before
County or the City of Smyrna would commit any funds
or construction. He asked that if at all possible
order that we may with the necessary action
for this much project.
to
the letter that
the governing
Homer
to
we had hired a
with the
years experience. He
next week. He
and use of the dog pound.
Rabies and Animal Control man.
and Control Department of
start to work Monday and
t Barrett and the Board
has
and
attend school
of Commissioners
that we should have a contract with Cobb County an the truck.
to proceed with He also stated that he had reviewed
of Cobb County it was initially the same as was agreed
of Smyrna and in 1970. However, since
been added to ordinance that need to
amendments, to implement the ordinance and
in enforcement. Camp read the
it was the as read should
imPounding fee" to fee." This fee
the City, and a release form. will by the City of
to be to the county where he will pick up the dog. Rem
amendments to the dog ordinance be adopted with the
Darby seconded the motion and the vote was unanimous.
to the City
problems
to the ordinance.
be changed from
would be collected by
the dog owner,
made a
Bill
made a motion we enter into a contract with Cobb use of
truck and the dog pound. Jim Tolleson seconded and
was unanimous. Cobb bear the cost of the insurance on the
a motion the of September 13, be
Darby seconded the motion and the vote was unanimous.
as sub-
made a motion the
Jim Tolleson seconded the
of September 20, 1976 be approved as sub-
and the vote was unanimous.
mitted.
reports. Jim
Inspector David
of the Sign
addressed
Article
to read:
support
street curb , but not
project over the street
be limited to one sign
and Council
4, Free
signs
located
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
. 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 railed to
bring up the maternity benefits. Mr. Mills made a motion that the maternity
benerits 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 or Smyrna to
cover maternity benefits for one year was more than $16,000.00. Therefore, the
maternity benerit 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 an Concord Road at Fire Station #3, due to heavy traffic. This was
referred to the Street Committee.
said he had received requests for two traffic lights, had met with
and action had been taken. He also stated we still had three problem
ts in Smyrna. One at Concord Road and South Cobb Drive, another at
Drive at Wisteria, and the light at Atlanta Road and Spring Road.
ennett said he had contacted a representative of D.O.T. about the light at
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
an full time. He will advise us next week. The lert turn signal off Concord
Road going west on South Cobb Drive has been removed, causing a problem.
bac
t stated we still need the sidewalk on McCauley.
to committee.
This was referred
C. O. Canada stated we needed to find adequate space ror 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 Kuh1 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,
Cherokee Road, right on Cherokee to Atlanta Road. south on Atlanta
ing Road. right an Spring Road to Dunn Street, left on Dunn Street to
Pi reet and disband at Post 160. Jerry Mills made a motion the permit be
granted. Bill Darby seconded the motion and the vote was unanimous.
Kuhl reported that Cobb County Engineers had applied ror an increase in
ir grant for the 201 Study to allow Smyrna to conduct the required survey of
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.
Je s reported that Ken Nix needed a letter from Mayor and Council in order
to t the bill allowing Smyrna to have their own Tax Assessor. Jerry Mills
ma e a motion to authorize the Mayor to send this letter to Ken Nix. Jim
Tolleson seconded the motion and the vote was unanimous.
Lee
he
Springs
stated that since the Parks Department could not get the dump truck.
ike to go back to the original schedule of equipment approved for King
Park. and would like to meet with Mr. Kuh1 this week.
(Continuation of October 5, 1976 Meeting)
Under
of
was definite.
Input, a property owner on Atlanta Road wanted to know the status
of Atlanta Road. He was informed that as of this date. nothing
Meeting adjourned at 9:01 P.M.
******************************
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
officer Mayor Arthur T. Bacon. Councilmen Bill Darby, Jerry Mills, Homer
Coalson and Rem Bennett were present. Jim Tolleson and C. O. Canada
were absent. Also present were Chuck Camp, City Attorney. Willouise Spivey. Ci.ty
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
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 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 made a
motion the property be rezoned. Jerry Mills seconded the motion the vote was
unanimous. There will be no merchandise on the outside of the building.
Commerci.al bui.lding permits were submi.tted by Acting Building Inspector Leon
Hood and upon his recommendations the following action i.s recorded:
(1) Dr. , 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)
off
areas.
motion
was made Candler and Griffith for a building permit to partition
the old Grant City building for three new businesses with storage
The plans had been by the Fire Department. Jerry Mills made a
the permit be granted. Homer Kuhl seconded the motion and the vote was
unanimous.
(3) Crown Central Petro building permits to 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 Spring Road and Jonquil Plans had been approved by the Fire
Bureau. Jerry Mills a moti.on the permit be granted. Bill Darby
the motion. Vote on the motion was four for and one abstained. Homer
Kuhl abstained.
that council
They
John Kidd & Associates and
gather the information, make
over the
ts, prepare
437
(Continuation of October 18, 1976 Meeting)
the brochures, etc. in the areas we choose to annex. The cost would be approx-
imately $3000.00. Homer Kuhl made a motion that we employ Kidd & Associates
to do the annexation project for us. .Jerry Mills seconded the motion and the vote
was unanimous.
Vic Broyles stated that the City of Marietta had a different kind of street sweeper
and they had asked us up for a demonstration. He stated that he and Jim David
would go for the demonstration next week.
Rem Bennett reported that .Jerry Davls had been hired to man the an:l~mal control uni t
and he is working out of Fire Station Ill. He can be reached through the police
station at night. He is in school through Thursday of this week, but will be on
the job Friday.
Rem Bennett stated that the warning signals on Concord Road at Fire Station #3
were in the works. He had received a letter from Doug Hefty stating they were
anticipating putting a traffic light at Concord Road and Old Concord Road and
this is why something has not been done already.
Homer
to
unl
b County still has not presented the 1977 tax digest
He asked that everyone cooperate in not spending
absolutely necessary.
Jerry Mills reported the Rules and Regulations Handbooks had been distributed to
the employees. He stated he had placed a handbook in the boxes of all councilmen.
Bill Darby read a letter from the Assistant Superintendent of Business Services,
DeKalb County School System. commending Mayor and Council and the Parks Director
for having such an outstanding parks facility at King Springs Park.
Rem Bennett asked Bill Darby where we stood with Vascar.
waiting on the State to come check our streets.
He replied we were
Dean Byers, president of the Smyrna Athletic Association. stated they played at
the King Springs Park, and after playing on fields in DeKalb County could under-
stand why their games were cancelled last week to keep from damaging the fields
after heavy rains. He was disturbed in that he had heard he was given an alternate
field to play on. which he was not; also he had heard that a councilman stated
the BAA was trying to run the city parks and recreation department. He stated
they had always cooperated with the Parks Director. Also Saturday night he heard
that a member of the parks department had gone to the park and advised them that:
if it started raining during the first game the last two games would be called off.
He also stated that on weekends when nothing was scheduled the gates to the park
were locked and he did not think this was right. After discussion it was agreed
to have a meeting Monday night with the SAA' Mayor and Council and the parks
commission.
Mr. Bennett complained of a rat problem at South Cobb Drive and Ridgecrest Road.
He stated the owner of this property was hauling in lumber, making a bad matter
worse. He was cutting this lumber and selling it as fire wood. Homer Kuhl
said he had talked with this property owner and he promised to clear the lumber
off the lot. If he is selling fire wood he is operating without a license.
Leon Hood was asked to issue a stopwork order Tuesday. and that he be cited into
court for operating without a license. Mr. Bennett also asked that the ditch in
front of this property be cleaned out.
Meeting adjourned at 8:16 P.M.
******************************
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ARTHUR T. BACON, MAYOR
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WILLIAM F. DARBY, WARD 2
TOLLESON, WARD 1
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HOMER KUHL, WARD
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C. O. CANADA, W D 5
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- ~B RT R. COALSON, WARD 6 -
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