November 1/15/20, 1976 Mayor and Council
439
November 1, 1976
The regularly scheduled meeting of Mayor and Council of the City of Smyrna was held
pursuant to the Charter at City Hall. November 1. 1976 at 7:30 P.M. The meeting
was called to order by presiding officer Mayor Arthur T. Bacon. All Councilmen
were present. Also present was Chuck Cmnp. City Attorney. Willouise Spivey. City
Clerk, Don Atkinson, Fire Chief. Everett Little, Police Chief, J. E. David, Supt.
of Public Works, David Granade, Building Inspector and representatives of the press.
Invocation was given by Homer Kuhl, followed by the pledge to the Flag.
"Wink" Winkenhofer of Winkenhofer-<McCurdy Funeral Home made a request of J'VIayor and
Council to have a sewer line run to the funeral home property. He stated he had
been before Mayor and Council twice before but no action had been taken, and it
was getting expensive to maintain the existing septic tank. Jim David is to check
on the cost of a sewer line. Mayor Bacon advised "Wink" we would have a deci.sion
on the sewer line by the next council meeting.
Bill Darby read a letter from Lt. David A. Farmer stating he could find no record
on James Edward Alverson that would prevent him from holding a retail malt (pouring)
beverage license at Gino's Pizza, 2380 South Cobb Drive. Bill Darby made a motion
the license be approved. Jim Tolleson seconded the motion and the vote was six to
one. Homer Kuhl voted against the motion.
Bill Darby read a letter from Lt. David A. Farmer stating he could find no record
on William C. Porter that would prevent him from holding a retail package malt
beverage and a wine package license at Food Giant #59. 2370 South Cobb Drive.
C. O. Canada made a motion the licenses be approved. Jerry Mills seconded the
motion and the vote was six to one. Homer Kuhl voted against the motion.
Bill Darby made a motion the original document, the certification of the election
of a Civil Service Board Member. be entered into the official minutes. Homer Kuhl
seconded the motion and the vote was unanimous. The vote is recorded as follows:
~.;r. R. Ball
Winston Burger
Earle Cochran
2 votes
24 votes
53 votes
Earle Cochran was sworn in by Attorney Camp at 5:00 P.M. today, as the Civil
Service Board Member elected by the Fire and Police Departments, for a term of
six (6) years.
Commercial building permits were presented by Building Inspector David Granade.
and upon his recommendation the following action j_s recorded:
(1) Kasey's in Cobb Center. requested a permit to refinish the interior of the
store. Plans had been approved by the Fire Department. Jim Tolleson made a motion
the permit be granted. Jerry Mills seconded the motion and the vote was unanimous.
(2) Winkenhofer-McCurdy Funeral Home. Benson Poole Road. requested a permit to
sub-divide an existing building. Plans had been approved by the Fire Department
and met the building code. Rem Bennett made a motion the permit be approved.
Elbert Coalson seconded the motion and the vote was unanimous.
(3) Pant-o-mine. Cobb Center. requested a permit to erect one wall and drop the
ceiling of the existing building. Plans had been approved by the Fire Department.
C. O. Canada made a motion the permit be approved. Rem Bennett seconded the
motion and the vote was unanimous.
(4) Fox Photo requested a permit to erect a small building on the lot of the
P~oco Station. at the corner of Herodian Way and Highway 41. 2535 Cobb Parkway.
They had a letter from the Amoco Station stating they could use the station rest-
rooms. Plans had been approved by the Fire Department. Jim Tolleson made a motion
the permit be granted. Jerry Mills seconded the motion and the vote was unanimous.
With reference to the blinking warLing signal at Fire Station #3 on Concord Road,
Rem Bennett reported the cost of the structure would be $977.00. If the city
would buy the equipment. Cobb County would install it. Rem Bennett made a motion
the blinker signal be approved and paid from State Grants Funds. Jerry Mills
seconded the motion and the vote was unaLimous.
ReULBennett read a letter from Sanford R. Jordan. Jr.. with the Departmen.t of Trans-
portation with reference to the traffic signals at Campbell Road and Wisteria Lane.
(Continuation of November 1, 1976 Meeting)
The letter stated the signal at Campbell Road would not require any upgrading for
full operation and the time clock changes would be made by personnel from the State.
Before the signal at Wisteria Lane can go into full-time operation, a semi-actuated
controller interconnected with the existing system at Concord Road and South
Cobb Drive must be installed. The semi-actuated signal shall have a non-locking
memory function and presence detectors used for both approaches. The cost would
have to be paid by the City. Homer Kuhl asked Jim David to check the cost and
to check with Cobb County about the installation. Also, Mr. David was asked to
check with Doug Hefty about replacing the turn arrow on South Cobb Drive and
Concord Road, going west. -T. B. Butler of Butler's Pharmacy located in Dickson
Shopping Center said the lack of a turn signal was hurting his business. Mr.
Winkenhofer said we needed a left turn signal at Church Street and South Cobb
Drive. -Tim David is to study this intersection.
A residential business license was requested by Ms. Grace Watkins, 873 Wayland
Court to operate a Greyhound Travel Club in her home. Ms. Watkins said that no
meetings would be held in her home, only the paperwork would be done there. C. O.
Canada made a motion the license be granted. Jerry Mills seconded the motion and
the vote was unanimous.
Homer Kuhl called attention to Section 505, Home Occupation,
which lists the conditions of residential business licenses.
like to add another item No. 505.12, as follows:
of the Zoning Ordinance.
He stated he would
"Upon submission of a request for license for home occupation, there shall
also be submitted to Mayor and Council of the City of Smyrna a petition
designating all property owners within a 300 foot radius of the subject
property, and signed by each owner designating whether or not they object
to the subject property for such home occupation."
The list of property owners within the 300 foot radius would be furnished by City
Hall. After discussion Mr. Kuhl made a motion the above section be added to the
ordinance. Jim Tolleson seconded the motion and the vote was unanimous.
Homer Kuhl stated the hours of work was set by Mayor and Council. and was not a
function of a committee or department head. He stated that other than City Hall,
Fire and Police Departments, the hours of work were from 8:00 A.M. until 5:00 P.M.,
with an hour for lunch. After discussion Mayor Bacon called a department head
meeting for 3:00 P.M. Friday afternoon.
Elbert Coalson made a motion the minutes of October 5, 1976 be approved as sub-
mitted. Bill Darby seconded the motion and the vote was unanimous.
Elbert Coalson made a motion the minutes of October 18, 1976 be approved as
submitted. Jerry Mills seconded the motion and the vote was unanimous.
Under Committee Reports. Rem Bennett stated that McCauley Street was giving away
and he hoped the street could be repaired at the same time the sidewalks were
put in, cutting down on the cost.
Elbert Coalson said a junkyard was forming on Benson Poole Road and asked Jim
David to check it out.
C. O. Canada stated the Conference in Boston was a good conference, even though
our Parks and Recreation Department did not win. He said no one ever won the
first trip.
said he wanted to schedule an Administrative Committee meeting this
would Like all Council and Mayor to attend. The meeting was called for
9:00 A.M. Saturday morning.
Kuhl reported he attendeq meeting on Friday, Saturday and Sunday
a most productive meeting. They passed a resolution, to be taken to the
Federal governments, to be passed on to the League of Cities, giving
30,000 in population membership, with a vote of one. Larger cities
from one to twenty. A second resolution was passed to be sub-
Federal Government reCOmmending the cutting of so much red tape and
order that the smaller communities will not be overlooked, and stand
of getting more money. A third resolution was passed to be
the Federal Government to give more grants to the municipalities,
to go through st$te agencies. Several other resolutions were
passed. which we hope will enable us to get more information and
help.
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441
(Continuation of November I, 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 w~eks
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 Counci.l. ff
Homer Kuhl seconded the motion and the vote was unanimous.
Bil read an article from "Response in Georgia" commending the Smyrna Civil
Defe partment for giving the defensive driving training course to city
employees.
Bill
taken
but to
stated the Sign Ordinance was being enforced, and signs were being
for the candidates who did not post bond. The newspapers were notified
date we have had no press coverage.
C. O.
five
the p
withi
Canada reported the City was today. verbally awarded approximately eighty-
85) acres of the Dobbins Air Force Base property. One requirement was that
ty must be surveyed. and we are in the process of getting this done
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. O. 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.
(1) I. D. and Ellen Moore requested property located at 1446 and 1450
Road be rezoned from Future Commercial to General Commercial. The grocery
located on this property was granted a land use permit years ago. and the
ring 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 IS, 1976 Meeting)
the zoning. Mayor B~con read the recommendation of tbe Planning and
which recommended to deny the rezoning to General Commercial. but
instead it be rezoned O. I. Homer Kuhl opposed the zoning, stating
zoning. and made a motion the zoning be denied. Motion died for
Jerry :Mills made a motion the.. Property be zoned General
the stipulation it be used only for a grocery store and lawn
business, excluding all other items listed under General Commercial
in zoning book. Bill Darby seconded the motion. More discussion followed
and Hamer 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. Hamer
Kuhl voted against.
O. I.
by the
lot had
which
use the
lawyers
III and Tho.mas L. Fricks requested property located at 2365
rezoned from Residential to Office-Institutional. They were
at the hearing by Wes Baxter. Mr. Baxter stated that in his opinion,
best and highest use of this pro.perty. The owners h~d, as suggested
Department, relocated the driveway. Also. a commercial type parking
graveled and a redwood fence installed around the property, all of
the looks of the Property. Mr. Baxter stated the owner wanted to
property for professional offices; either a real estate, doctor, or
In answer to a question to Glen Robinson as to why he changed the
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 tbe 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 Road. Mr. Baxter presented three lists of signatures, one containing
5 of property owners who objected. another list of 5 who had no opinion
and 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 motion. After discussion, Jerry Mills withdrew his second. Homer
Kuhl Jim Tolleson's motion to deny. Vote on the motion was two for the
motion 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, Je.rry Mills and Bill Darby voted to rezone.
Homer Kuhl and Jim Tolleson voted to deny the zoning.
1976 was the date set to hear the appeal of the decision of 'Recorder's
General E. L. Sparks. on motion by Jerry Mills. seconded by Bill Darby.
Vote on the motion was unanimous.
No commercial building permits requested.
Mayo:!;' 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 stop sign at Marston Street and Gilbert Street. This request was referred
to Committee for study.
estimated the cost to run a sewer line to Winkenhofer Funeral Home on
Road would be $4,707.50. Mayor Bacon read a bid submitted by W. P.
March 5, 1973. to run this line for a cost of $2,765 John C.
was present and Mayor Bacon asked if he remembered action was taken
Mr. Porterfield reported the City made a proposal to that he
cost but received no affirmative action from him. Mayor said he
with Wink before the next meeting.
change the Rules and Regulations Handbook for the Fire
Under Duties of the Fire Chief, Section a,delete "Until
by the Civil Service Board." Jerry Mills seconded the motion
unanimous.
Mr. Puckett of the State Fire Underwriters would meet with
on Wednesday.
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443
(Cont1nuation of November IS, 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 Kubl 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. O. 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
Athletic
and the vote was unanimous.
he City enter into a lease agreement with the Smyrna
building at Ward Park. Homer Kuhl seconded the motion
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
recreat10n 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
project.
purchase
Input -- Sue Brissey asked what had happened about the street cleaning
Rem Bennett advised we were still working on the project. but could not
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. O. 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 Kubl 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.
seconded the motion and the vote was unanimous.
Rem Bennett
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C. O. CANADA, WARD 5
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WILLIAM F. DARBY, WARD 2
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