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04-05-1976 Regular Meeting388 April 5, 1976 The regular meeting of Mayor and Council was held pursuant to the Charter at City Hall, Smyrna, Georgia, April 5, 1976, and called to order at 7:30 o'clock P.M. by presiding officer Mayor Arthur T. Bacon. All Councilmen were present. Also present were Willouise Spivey, City Clerk, Charles E. Camp, City Attorney, Bob Birchfield, Administrative Assistant, Lee Silver, Parks and Recreation Director, Gene Hoaster, Building Inspector, Don Atkinson, Fire Chief, James E. David, Superintendent of Public Works and representatives of the press. Invocation was given by Homer Kuhl, followed by the Pledge to the Flag. Mrs. L. A. Turner of 920 Cherokee Trail appeared before Mayor and Council with reference to the removal of a fence, serving as a buffer, behind McDonalds on Cherokee Road. Mrs. Turner stated the fence was removed the middle of February, leaving a 10' drop off from her back yard, that she had no privacy and a go-cart had been stolen from her carport. She requested that McDonalds be required to erect another fence. It was stated that McDonalds did have another fence on order. Mayor Bacon asked Mrs. Turner to give him one week to take care of this situation. C. C. Lee, owner of Smyrna Fence Company, stated that he had erected a chain -link fence across the front yard of Jerry Parks on Guthrie Street. He stated that he was unaware of Article 501.10 of our zoning ordinance, prohibiting the installation of a fence of this type in a front yard, also that he should have applied for a permit. Attorney Camp rules this would first have to go before the Planning and Zoning Board, and they in turn would recommend to Mayor and Council. Mr. Lee asked what should be done with the subpoena he had received. Mayor Bacon, with consent from Gene Hoaster, agreed to postpone court action for two weeks. Eugene Steven Crowe of 819 Cindy Lane appeared before Mayor and Council to appeal a decision of Recorder's Court on March 4, 1976. The charges were listed as altered suspension, visual immission control act, unsafe vehicle. Trooper Carey Hilton of the Georgia State Patrol stated that he was following a trail of blue smoke coming from the exhaust of Mr. Crowe's vehicle, the car had been jacked up and the bumper measured 26" from the ground and the tires were slick. Mr. Crowe stated the car was smoking very little and that he was going to have it repaired. After discussion, C. 0. Canada made a motion the decision of Recorder's Court be upheld. Bill Darby seconded the motion and the vote was unanimous. Rezoning: The request to rezone the H. L. McDaniell property on Spring Street at Anderson.Circle from R-15 to 0. D. was presented by Bill Alexander. The rezoning was requested for the purpose of erecting an office and warehouse, or distribution center, for a company handling small tools. Mr. Alexander stated there would be no traffic problem as 95% of the merchandise would be shipped by UPS, there would be no outside storage, the office would be open from eight to five and would be closed on Saturday and Sunday. Adequate parking is available and a buffer would be put up to meet the requirements of the city. Homer Kuhl opposed the zoning, stating it would be spot zoning, would set a precedent, and open up all residential areas to rezoning. Jerry Mills made a motion to rezone this property from R-15 to 0. D., subject to all drainage problem being corrected, a six foot high chain -link fence or other type buffer be put up, and agree to give 15 feet to widen Spring Street. Clarence Canada seconded the motion and the vote carried four to three. Bill Darby, Jerry Mills, C.' 0. Canada and Elbert Coalson voted for. Rem Bennett, Homer Kuhl and Jim Tolleson voted against the motion. Commercial building permits were submitted by building inspector Gene Hoaster and upon his recommendations the following action is recorded: (1) Doug Henderson requested a permit to erect partitions and remodel the last building in Dickson's Shopping Center. The plans had been approved by the Fire Marshall and Gene recommended the permit be granted. C. 0. Canada made a motion a building permit be issued to Doug Henderson to remodel a building in Dickson's Shopping Center. Elbert Coalson seconded the motion and the vote was unanimous. (2) Robert Baker of 3215 Highland Drive requested a front yard variance of 13' 2" to build an addition to his home. He presented a letter signed by three neighbors stating they had no objections, and he recommended the permit be approved. Jim Tolleson made a motion the building permit be granted. C. 0. Canada seconded the motion and the vote was unanimous. (3) Spring Street Baptist Church requested a permit to add a 30 x 40 addition to the front of the existing building. A variance would be necessary since the building would be approximately 25 feet from the right-of-way. During discussion it was (Continuation of April 5, 1976 Meeting) brought out that if Spring Street is widened the building would be too close to the street. Homer Kuhl made a motion to deny the permit. Jim Tolleson seconded the motion and the vote was unanimous. (4) Joseph E. Fuerst of 2574 Evergreen Trail requested a back yard variance in order to make an addition to his home. He had a letter from Wyatt E. Duzenburg stating he had no objection to Mr. Fuerst building within 25' of his property line. C. 0. Canada made a motion the permit be issued. Elbert Coalson seconded the motion and the vote was unanimous. (5) The application to convert the Shell Service Station at the corner of Atlanta Road and Spring Road to a self-service station is being held. This application was tabled at the last meeting. After discussion Attorney Camp advised that in his opinion the city would have to issue a license to Shell Oil Company, the same type license that was in effect before the moratorium, to reopen this station for the sale of gasoline. He also advised that a license be issued to American Oil Company for their new station at the intersection of Cobb Parkway and Hargrove Road, since a building permit was issued to build the self-service station before the moratorium went into effect. Mayor Arthur Bacon appointed a committee of three to study the Motor Fuel Dispensing Ordinance. They are as follows: C. 0. Canada, Chairman, Jim Tolleson and Bill Darby. They are to report their findings at the next council meeting. Bids received for the Case Garden Tractor with attachments, to be used in the Parks Department were opened, read and are recorded as follows: Travel Fun Campers, Inc. Brumlow's Lawn & Garden Smyrna Auto Parts, Inc. #224 Tractor Thatcher $1455.00 $310.00 1667.00 300.00 1598.86 345.00 72" Mower Rake No Bid $445.00 $ 925.00 400.00 1153.00 536.00 C. 0. Canada made a motion the bids be turned over to the Parks and Recreation Committee, with authority to act on the low bid. Bob Burchfield stated he thought he could better serve the City of Smyrna in the capacity he is now serving, rather than in the position of Assistant City Clerk. He stated he had talked with several of the councilmen and they agreed. Mr. Kuhl advised that the committee had met and it was a unanimous decision that an Assistant City Clerk would not be appointed at this time. He made this in the form of a motion and it was seconded by C. 0. Canada. The vote was six to one. Jerry Mills voted against the motion. Rem Bennett, Chairman of the Streets Committee, reported they had met with the residences of the Pinehill Drive area concerning the drainage problems. He stated that W. P. Lord Construction Company had agreed to clean out the creek, at $25.00 per hour, which included operator and machine time, at total cost of approximately $2,700.00. Work on the project will start this week, after easements have been secured from each residence whose property could be damaged. This expense will be paid from State Grants. Rem Bennett made a motion to erect a "no right turn" sign off Glenroy onto Spring Road, traveling west, also to erect a "no right turn" sign onto Glenroy off Spring Road going south. Elbert Coalson seconded the motion and the vote was unanimous. Rem Bennett made a motion to erect a "no right turn on red" sign from Dunton Street onto Concord Road. Homer Kuhl seconded the motion and the vote was unanimous. Rem Bennett stated he thought some ordinances needed to be amended and he gave each councilman a list of the amendments he recommended. These will be brought up at the next council meeting. Mayor Bacon told Jerry Mills that the dedication ceremony at the new fire station was very successful. Jerry Mills reported the materials were in and,work on repairs to Fire Station #2 would probably start tomorrow. Repairs should be completed within two weeks. C. 0. Canada made a motion to surplus one (1) 1974 Ford Torino (old police car). Bill Darby seconded the motion and the vote," was unanimous. The car will be advertised and bids opened at the next council meeting. C. 0. Canada made a motion the minutes of March 1, 1976 be approved as prepared and submitted. Bill Darby seconded the motion and the vote was unanimous. 390 C. 0. Canada made a motion the minutes of March 22, 1976 be approved as prepared and submitted. Homer Kuhl seconded the motion and the vote was unanimous. Homer Kuhl stated we still have approximately $100,000 outstanding on the tax books and would recommend at`the next council meeting that action be taken. He also warned that income would be short for the next three months. Mr. Kuhl advised that Wallace Pate would like to meet with Mayor and Council Saturday morning at 9:00 A.M. to go over the year end audit. The Mayor and Council of the last administration are also invited to attend. All council -'members said they could attend the meeting. Mayor Bacon requested all councilmen to work with the committees to which they are appointed, more specifically, to work as a committee and not try to be a committee of one. He also demanded they contact the chairman of any committee if they have a question, and not meddle into the committees to which they are not appointed. He stated he thought this had caused a lot of trouble in the past and he certainly hoped that we could now settle down and work together as a group for the better- ment of the city. Rufus Guthrie presented an application to annex 10.08 acres at the corner of King Springs Road and South Cobb Drive, for the purpose of building a shopping center. He had a certification of zoning from Cobb County showing this property is presently zoned for a planned shopping center. Jim Tolleson made a motion, seconded by Rem Bennett, to table this application until they had time to study it. After discussion on whether or not this property was contingent to the city limits, Rem Bennett with- drew his second. The motion died for lack of a second. Jerry Mills made a motion to annex the 10.08 acres at the corner of King Springs Road and South Cobb Drive. Homer Kuhl seconded the motion and the vote was 6 to one. Jim Tolleson voted against the motion. Elbert Coalson reported we were out of garbage cans and it was putting a burden on the department. Mayor Bacon said he called about these cans and they promised a shipment would be made immediately. C. 0. Canada advised the Little League Opening Day would be April 17, 1976. The parade would start at 11:45 A.M. at the Smyrna Drive -In. He asked Bill Darby to arrange for a police escort for the parade. C. 0. Canada made a motion we purchase another trophy case, similar to the one we now have, for $340.00. Homer Kuhl seconded the motion and the vote was unanimous. Mr. Kuhl said this trophy case would be charged to the Parks Department. Jim Tolleson stated they had made several requests to Cobb County for an additional. crossing guard at Argyle School but had been turned down. He asked the Mayor to continue to have the State Patrol on Spring periodically. The Mayor stated they would be there on one or two days notice any time he requested. He wants everyone to know they are not setting up a speed trap, only trying to enforce the 40 MPH speed limit. Jim Tolleson stated that since the appeals were over he would like to make a motion that the Internal Affairs Report be turned over to the Grand Jury for possible criminal charges. Jerry Mills seconded the motion. Mr. Mills asked Attorney Camp if the impoundment of the report would be released once the hearings are over. Attorney Camp replied he had to check with Judge Hames about that, but he was not sure other appeals would not be made to Cobb County Superior Court, and he was sure the impoundment carried through the time allotted to appeal. Homer Kuhl asked the attorney if the tapes of the Civil Service Appeals would be made available to the Grand Jury if the Internal Affairs Report was turned over to them. Attorney Camp replied they would. Jim Tolleson restated his motion to read that the Internal Affairs Report, as well as the tapes from the Civil Service Appeals, be turned over to the Grand Jury for investigation for possible criminal charges after all appeals have been exhausted. Jerry Mills seconded the motion and the vote was unanimous. C. 0. Canada made a motion we have a public hearing on the self-service motor fuel dispensing ordinance. Jerry Mills seconded the motion and the vote was unanimous. The hearing was set for 7:00 P.M., Tuesday, April 20, 1976. Meeting adjourned at 9:50 P.M.