03-22-1976 Regular Meeting(Continuation of March 1, 1976 Meeting)
Powder Springs Road, also he had not brought any additional lumber into the yard.
Bill Darby withdrew his second to the motion to cite Mr. Terrell into court and
it died for lack of a second. Homer Kuhl made a motion that Mayor and Council
take action against Mr. Terrell if he has not purchased a building permit and
started construction by the next council meeting, March 22, 1976. Jerry Mills
seconded the motion and the vote was unanimous.
Elbert Coalson informed Council that since A & P store and Kroger store at
Belmont Hills was staying open 24 hours per day the dumpsters were getting too
full and trash was blowing over the parking lot and nearby yards. He stated
that A & P store paid $165.00 per month and Kroger paid $125.00 per month for
garbage pickup, but at that rate we were losing money. Mr. Coalson said he had
met with the committee and the recommendation was that A & P store and Kroger
Co. get an independent garbage company with packers. Mr. Coalson made a motion
that Jack Eudy approach these stores and ask them to get packers or a contract with
a garbage company to handle their garbage, under the supervision of our
sanitation department. Bill Darby seconded the motion and the.vote was unanimous.
Mr. Coalson asked Mayor Bacon if Larry McDonald had contacted him again about
the traffic problem at the post office. Mayor Bacon said he was to meet with
McDonald's aide one day this week.
Rem Bennett reported that the Smyrna Community Theatre presentations would be
March 4, 5 and 6 at Cobb Civic Center.
C. 0. Canada stated the Smyrna Lions Club should be commended for erecting the
flag poles in Centennial Park and asked Mayor Bacon to issue a commendation to
the Smyrna Lions Club for their participation in civic affairs and for the flag
poles. Lewis Reagin is to be commended for this Bicentennial program.
Jim Tolleson reported Cobb County was changing the water pipes on South Cobb
Drive and water pressure was reported very low. He stated they should be
finished this week.
Mayor Bacon said he and several of the councilmen met with Sam Hensley with
reference to analyzing the sewerage system in the City. He stated he thought
it would be wise to set up an appointment with Hensley Smith to study our sewer
system. Sam Hensley stated this was a Federal funded program to study the
infiltration and enflow into the treatment plant. The City would not be obligated
in any way until after the application had been approved by the Federal -Govern-
ment. At that time the City could accept or reject the project, our cost would be
25% of the total cost. Mayor Bacon asked Sam Hensley to meet with Council
Saturday morning to go over this study.
Meeting adjourned at 9:45 P.M.
March 22, 1976
The regular meeting of Mayor and Council was held pursuant to the Charter at
City Hall, Smyrna, Georgia, March 22, 1976, and called to order at 7:30 o'clock
P.M. by presiding officer Mayor Protem Homer Kuhl. Mayor Bacon was absent due
to illness. All Councilmen were present. Also present were Willouise Spivey,
City Clerk, Bob Birchfield, Administrative Assistant, Lee Silver, Director of
Parks and Recreation, Chuck Camp, City Attorney, Don Atkinson, Acting Fire
Chief, Gene Hoaster, Building Inspector and members of the press.
Invocation was given by Bob McDuff, followed by the Pledge to the Flag.
Mr. Stephens of the Hickory Acres subdivision appeared before Council to protest
the condition of a yard on -Smyrna Powder Springs Road. Mr. Stephens stated that
the people in the neighborhood were proud of their homes and they wanted Mr.
Richard Terrell, owner of the property at 454 Smyrna Powder Springs Road, to
clean up the lot. Mr. Kuhl advised Mr. Stephens that Mr. Terrell had been before
council concerning the cleanup of this lot and the lumber stored there, and as
383
(Continuation of March 22, 1976 Meeting)
of this date had applied for a building permit to construct a sundeck on the
back of his home and build a utility storage building. Discussion followed
and it was brought out that Mr. Terrell had until March 22nd, today, to secure
building permits and clean up the lot. It was determined that the lot had
not been cleaned and Vic Broyles stated construction had been started to the
extent that four joist had been laid. Homer Kuhl directed Jack Eudy to issue
-a citation to Mr. Terrell for not cleaning up the lot, a violation of the
sanitation ordinance and directed Building Inspector Gene Hoaster to issue a
citation for starting construction without a building permit, in violation of
the building ordinance.
Luke Giesler of 839 Parkway Drive questioned the article in the paper about
bagging or bundling trash and leaves. He stated he had several boxes of yard
trimmings to be picked up, and all were picked up except one, the largest.
Vic Broyles stated there was an ordinance stating any package that weighed
over 75 lbs. could not be picked up, but he assured Mr. Giesler they would
get this one. Mr. Kuhl stated we would try to get an article in the paper,
stating the maximum weights, etc.
Mr. Bullard, representing the Smyrna Girl's Softball Association, requested
permission to hold a motor parade on Saturday May 1, 1976. The parade will
start at 8:00 A.M. at the Smyrna Drive In, down Atlanta Road to Spring Road,
out Spring Road to Jonquil Park. Elbert Coalson made a motion the permit be
granted. Bill Darby seconded the motion and the vote was unanimous. Mr.
Bullard also invited Mayor and Council to participate in the parade and Opening
Day ceremonies.
Mr. Robert Bagwell, representing the Cobb County Association for Retarded
`Children requested permission to hold a bucket brigade on Saturday April 3,
1976, at the intersections of Spring Road and the 4-Lane, South Cobb at Pat
Mell Road and Benson Poole Road at Jones Shaw. He was advised all these
intersections were in the county, or was the borderline for City -County, and
his permit from the county would be sufficient.
A zoning hearing was held on property located at 601 Cherokee Road, from L.C.
to G.C. for the purpose of an automobile parts store. Mr. H. G. Howton, the
petitioner, was present to answer questions. He stated the Exterminator
office, now located at 601 Cherokee would be moved to the house next door,
facing Old Spring Road. There was no opposition to the rezoning. Mr. Howton
stated he planned to put a new front on the building and fifteen parking
,places were available. Jerry Mills made a motion the property be rezoned from
L.C. to G.C. Jim Tolleson seconded the motion and the vote was unanimous.
Commercial building permits were submitted by Building Inspector Gene Hoaster
and upon his recommendations the following action is recorded:
(1) Mr. M. E. Baker of 3215 Highland Drive requested a front yard variance
in order to build a garage. Due to a creek in the back, the garage could not
be built there. If the variance is granted, it will not meet the zoning set-
back. This request was deferred until Gene Hoaster checked out the setback
and sketch.
(2) Mr. C. C. Dobbs of 1176 Pinehurst Drive requested a side yard variance
in order to build a garage. The building would be six feet from the common
property line. He presented a letter from his neighbor, Robert R. Peters of
1186 Pinehurst Drive stating he had no objections to Mr. Dobbs building a
garage within 6 feet of his property line. Bill Darby made a motion the
variance be granted. C. 0. Canada seconded the motion and the vote was unanimous.
(3) Printis W. Palmer of 2491 Pasadena Place requested a side yard variance
in order to build a two -car garage for parking and storage. The building would
be five feet from the common property line. He presented a letter from his
neighbor, Frank A. Hull, Jr., 2Ul Pasadena Place stating he had no objections
to Mr. Palmer building a two -car garage within five feet of his property line.
Elbert Coalson made a motion the variance be granted. C. 0. Canada seconded
the motign and the vote was unanimous.
,(4) Doyle J. Graves of Jones Intercable requested a permit to erect partitions
in a building located in Grant City. Construction would consist of one 10 x 12'
room partition and one 19' room divider. Jerry Mills made a motion the permit
(Continuation of March 22, 1976 Meeting)
be granted. Bill Darby seconded the motion and the vote was unanimous.
(5) Construction Steel, Inc. requested a permit to remodel a building located
at 1772 Corn Road. The plans had been approved by the Fire Marshall, and
upon the recommendation of Gene Hoaster, C. 0. Canada made a motion the permit
be issued. Jerry Mills seconded the motion and the vote was unanimous.
(6) W. E. Baird requested a front yard variance of 8.4 feet, in order to
build a new home. There is a creek in the back of the lot, making it mandatory
to move the structure nearer the front. Gene Hoaster recommended the variance
be granted. Rem Bennett made'a motion the variance be granted. C. 0. Canada
seconded the motion and the vote was unanimous.
(7) Shell Oil Company requested a permit to convert the service station at
2995 Atlanta Road to self service. The Fire Marshall had approved the plans
and the inspector recommended the permit be granted. Elbert Coalson made a
motion the permit be issued. C. 0. Canada seconded the motion. After dis-
cussion, Jerry Mills made a motion to table the request. C. 0. Canada
seconded the motion and the request was tabled.
(8) The Spring Street Baptist Church, 1464 Spring Street, requested a front
line variance set back. The building is now 60 feet from Spring Street, and
a 30' variance is being requested, which would place the building 30 feet from
Spring Street. Since the building inspector had not checked this location,
Jerry Mills made a motion this request be deferred. Bill Darby seconded the
motion and the vote was unanimous.
(9) D & M Contractors, Inc. requested a permit for interior remodeling of
the Ponderosa Steak House, 3282 South Cobb Drive. The Fire Marshall had
approved the plans and on the recommendation of the building inspector, a
motion was made by Rem Bennett, seconded by Elbert Coalson to grant the permit.
Vote on the motion was unanimous.
(10) A. Milton Poston, Jr., requested a permit to remodel the kitchen and
social hall at the Smyrna First Baptist Church, 1275 Church Street. The plans
had not been approved by the Fire Marshall or the building inspector. Jerry
Mills made a motion the permit be granted, subject to approval of both the
Fire Marshall and Building Inspector. C. 0. Canada seconded the motion and
the vote was unanimous.
Rem Bennett gave a Street Committee report as follows:
(1) The state grant for resurfacing 3.67 miles of streets in the City is 97%
complete. Total cost is $57,922.87.
(2) The traffic light at Spring Road at Campbell Road is in operation.
(3) There has been requests that'the traffic light at Campbell Road and
State #3 operate during working hours, and the state is now studying this request.
Mr. Kuhl asked that if the study has not been completed to have them study
the left turn signal at Atlanta and Spring Street. The left turn signal is
only about 10 seconds.
(4) Smyrna's share of the 1976 State Contract is $50,000.
(5) Due to recent washouts, Bank Street has top priority for repairs.
(6) There will be a meeting with residents of the Pinehill Drive area on the
31st of March to discuss their drainage problems.
Rem Bennett reported that some sign companies operating in the City continue
to ignore the sign ordinance and too much time is being lost contacting
businesses who rent these signs. Rem made a motion that any sign company not
licensed in the City of Smyrna have their signs impounded, with a fine not to
exceed $300.00. This does not include the impounding fee which will also be
paid by the sign company. Jerry Mills seconded the motion and the vote was
unanimous. Mr. Bennett stated this had already been passed on to the Street
Department and that on Friday, or when he had the time, they would go around and
pick up signs. Bob Birchfield has notified all the sign companies and they
are familiar with our ordinance. Rem Bennett recommended we have Barrow
385
(Continuation of March 22, 1976 Meeting)
Wrecker Company, the Cityof Smyrna's wrecker service, impound the signs not
permitted and those owned by companies who have not bought a business license.
City Attorney Chuck Camp asked that all ordinances passed in the future be
assigned an ordinance number immediately. Homer Kuhl requested Willouise Spivey
to assign numbers to all ordinances.
Jerry Mills reported the Fire Committee had met, and upon their recommendations
he made a motion the contract to repair Fire Station #2 be awarded to J.
Franklin Lee Co., in the amount of $8,656.00. C. 0. Canada seconded the motion
and the vote was unanimous. Work will begin immediately. Jim Tolleson asked
the City Attorney if the original contractor or architect could still be held
liable if repairs were made. Mr. Camp advised that since they had been properly
notified of the repairs to be made, they could still be held liable.
Jerry Mills reported that Fire Station #3 was in operation and dedication day
would be Saturday, April 3rd at 10:00 A.M.
Upon the unanimous vote of the Fire Committee and full Council, Jerry Mills
made a motion to appoint Don Atkinson as Chief of the Smyrna Fire Department.
C. 0. Canada seconded the motion and the vote was unanimous. According to
the doctors report, he is in good health. A Civil Service Examination will
have to be given for the Assistant Fire Chief position. Hubert Cochran is
Acting Assistant Fire Chief.
Jerry Mills made a motion to raise the salary of Chief Don Atkinson effective
April 3, 1976 to the amount C. C. Porterfield was making when he retired.
Elbert Coalson seconded the motion and the vote was unanimous. The monthly
salary is $1,345.06.
Approval was requested to accept bids on a Case garden tractor to be used at
King Springs Park. C. 0. Canada made a motion bids be requested to be opened
at the April 5, 1976 council meeting, for a Case garden tractor, Model 224,
14 hp, low profile; gang reel mower; E-Z power thatcher; Brinly compactor
rake. Jerry Mills seconded the motion and the vote was unanimous.
C. 0. Canada motioned, seconded by Jerry Mills that April 5, 1976 was the date
set to hear the appeal of the decision of Recorders Court for the case of
Eugene Steven Crowe. The State Trooper who made the arrest will be notified.
C. 0. Canada made a motion to remove the garage and yard sales ordinance from
table. Jerry Mills seconded the motion and the vote was five to one. Jim
Tolleson voted against the motion. Upon request the motion was read as
follows: "It will be unlawful for any person or persons to have a garage,
carport, basement, rummage or yard sale without first obtaining a permit from
the City Clerk. Permit feeswill be $2.00. Permit will be good for one or two
consecutive days sale. Resident will be permitted to have only one sale every
12 months. Permit must show name, resident address and dates of sale. Anyone
found in violation of the ordinance will be subject to a fine not to exceed
$100.00." C. 0. Canada made a motion to amend the original motion to specify
the merchandise should be listed and only merchandise owned or possessed by
the owner of the permit will be allowed. Jerry Mills seconded the motion.
Elbert Coalson recommended we hear from the audience before acting on the
motion. Jerry Mills motioned, seconded by Elbert Coalson, that discussion from
the audience be heard. Several people spoke in.opposition to any ordinance
governing yard sales. Mr. Kuhl explained the purpose of an ordinance was to
make the yard sale legal; that now anyone having a yard sale was violating the
law. With an ordinance we could control those taking advantage of these sales
at this time. The motion for the amendment, along with the second were
withdrawn. A vote was called for on the original motion. The vote was four to
two. Jim Tolleson, Bill Darby, Jerry Mills and Rem Bennett voted against the
motion. C. 0. Canada and Elbert Coalson voted for. The motion lost.
Jerry Mills made a motion the City Attorney draw up an ordinance to cover yard,
garage, carport, rummage or basement sales and present to council as soon as
possible. Bill Darby seconded the motion and the vote was unanimous.
Jerry Mills recommended we pass an ordinance to control motor fuel dispensing
pumps. He stated only five or six service stations were in the city now, the
others had been converted to self-service. He stated the big oil companies
were taking over the stations and converting them to self service, running the
M
(Continuation of March 22, 1976 Meeting)
local business man out of business. Jerry Mills made a motion the ordinance be
adopted. Bill Darby seconded the motion. The motion was read and discussion
followed. Chuck Camp advised the ordinance could possibly be in conflict with
the State law, also under section #2 the penalty should be prescribed. Jerry
Mills recommended to amend the ordinance by adding to section #2, "punishable
by a fine not to exceed $300.00 per day, and each day constituting a violation."
Homer Kuhl stated he thought the ordinance was unconstitutional under the free
enterprise system. The City Attorney stated he thought the first step would
be to enforce a moratorium until a committee could study the ordinance and
report back to council, within 60 days. The committee will be appointed -by
the Mayor. Jerry Mills made a motion to amend the motion to read the ordinance
be enacted for a period of 60 days. It would be turned over to the committee
to report back to Mayor and Council with their recommendations on this ordinance
or a new ordinance at the end of 60 days. Bill Darby seconded the motion and
the vote was unanimous. A vote was called for the original motion. Jerry
Mills motioned the ordinance be approved as amended. Bill Darby seconded the
motion and the vote was unanimous.
Homer Kuhl asked all councilmen to try to hold expenditures in line.
Reporting on the Congressional City Conference, Mr. Kuhl stated the Ceta
Program would be continued. The Revenue Sharing Program has not been enacted
again to date, and it seems to be in trouble. President Ford recommended
it be continued for 3 3/4 years.
He also stated committee chairmen needed to have a meeting soon to set up the
priority list of capital expenditures for the new budgets, to be paid from
Revenue Sharing. Should start on budget by April 1, 1976.
C. 0. Canada thanked the Dogwood Garden Club for planting the beautiful
dogwood tree in Centennial Park.
The Smyrna Parks and Recreation Kite Contest will be held at King Springs Park
at 10:00 A.M. Saturday.
C. 0. Canada reported the Smyrna Little League Baseball Parade and opening
day will be April 17, 1976. The parade route is from Smyrna Drive -In south
on Atlanta Street to Cherokee, right on Cherokee to South Cobb, left on South
Cobb to Concord Road, left on Concord Road to Spring Road and Jonquil Park.
The parade will begin at 12:00 noon and a police escort is requested, also fire
and civil defense units. C. 0. Canada made a motion the parade permit be
granted. Elbert Coalson seconded the motion and the vote was unanimous.
Jerry Mills advised that a City Clerk was appointed the first of the year but
as yet an Assistant City Clerk had not been appointed. He asked Homer Kuhl
if his committee had done anything about ,getting one. Mr. Kuhl stated that we
have an Administrative Assistant who was taking some added responsibilities and
some details would have to be worked out before appointing an Assistant City
Clerk. Elbert Coalson said that we did have a personnel committee and he
thought the recommendations for an Assistant should come from the committee.
Jerry Mills made a motion thatBob Birchfield be appointed Assistant City
Clerk. Jim Tolleson seconded the motion. Discussion followed and Jerry Mills
stated he thought the matter was being held out of committee and as far as he
knew no one had been interviewed or talked to about the job. C. 0. Canada
said we did need an Assistant City Clerk, as last Saturday morning no one
with authority was here, although he thought it was an executive appointment
and should be made by the Mayor. Mr. Kuhl stated the motion was in order,
since the charter called for the appointment of City Clerk only. Jerry Mills
withdrew the original motion in order to restate the motion. Jim Tolleson
withdrew his second. Jerry Mills made a motion for the Finance and Administrative
Committee to report back to Mayor and Council next council meeting on the
appointment of an Assistant City Clerk. Rem Bennett seconded the motion and
the vote was unanimous.
Bill Darby reported the Civil Defense Department had $1,200.00 approved for a
walkie-talkie and he motioned that it be purchased under the G.S.A. Contract
as opposed to bids as they were the only supplier. Jerry Mills seconded the
motion and the vote was unanimous.
387
•r
(Continuation of March 22,.1976 Meeting)
Bill Darby made a motion the funds allotted in the current budget for the EOC
Center totaling $800.00 be used for additional warning equipment. Jerry Mills
seconded the motion and the vote was unanimous.
Jim Tolleson stated a local ladies bowling team was competing in a national
tournament in Denver, Colorado on April 20, 21 and 22. They are paying their
own way to the tournament but asked if the City of Smyrna would sponsor them
by paying for shirts, on which they would have lettered The Jonquil City or
the City of Smyrna. Jim Tolleson made a motion the city donate $75.00 to
this bowling team. Jerry Mills seconded the motion. C. 0. Canada stated that
tournament time was here and every year we had several requests for sponsorship.
He recommended all councilmen personally donate and he would get the remainder
from merchants of the city. Mr. Tolleson said they would need the money by
Saturday morning. Jim Tolleson withdrew his motion and Jerry Mills withdrew
his second.
Meeting adjourned at 9:25 P.M.
ARTHUR T. BACON, MAYOR
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