04-19-1976 Regular Meeting (2)April 19, 1976
The regularly scheduled mid -month meeting of Mayor and Council was held at City
Hall, Smyrna, Georgia on April 19, 1976 and called to, order at 7:30 P.M. by presiding
officer Mayor Arthur T. Bacon. All Councilmen were present. Also present were City
Attorney Charles E. Camp, Willouise Spivey, City Clerk, Lee Silver, Parks and
Recreation Director, Gene Hoaster, Building Inspector, Don Atkinson, Fire Chief,
Larry Dunn, Supervisor of the Water Department and representatives of the press.
Invocation was given by Rev. Martin of the Spring Street Baptist Church, followed
by the Pledge to the Flag.
Under citizens report Attorney Fred Bostick commented on the problems we had had in
the police department and suggested to Mayor and Council that when a new chief was
hired, they take definite steps to demand proper discipline and establish and
enforce a chain of command through the chief.
E. Y. Smith reported the L & N Railroad trains were blocking the crossing at
Hawthorne Street for as long as forty-five or fifty minutes at the time. He asked
that we contact L & N and have the trains rescheduled, freeing the crossing for
traffic.
Rev. Bell of the Black Christian National Church requested a solicitors permit to
solicit funds for the church. Attorney Camp is checking the ordinance and will
contact Mr. Bell.
Bill Darby made a motion to approve the application for a transfer of the malt
beverage and wine retail package license for Handi-Mart, Inc., 1687 Roswell Street
to the new manager, David Lawrence Mosher. Jerry Mills seconded the motion and
the vote was six to one. Homer Kuhl opposed.
Bill Darby made a motion the application for the sale of malt beverage (retail
package) for the Corner Grocery, 1269 Concord Road be approved. Jerry Mills seconded
the motion. During discussion Homer Kuhl questioned the number of parking spaces
and the distance to a nearby residence. Homer Kuhl made a motion this application
be tabled until the distance requirements were checked. Elbert Coalson seconded
the motion and the vote was six to one. Jim Tolleson opposed.
An application was submitted for a malt beverage and wine retail package license for
the proposed Colonial Store on South Cobb Drive at King Springs Road. Mayor Bacon
asked Attorney Camp if we could issue a license, pending annexation into the city.
Mayor Bacon stated he had a letter from the Georgia Power Company requesting their
sub -station be annexed, also the Fulton Bank, who owns the corner property is mailing
a letter requesting this corner be annexed. When both these properties are annexed,
the 10.08 acres at the corner of King Springs Road and South Cobb Drive will be
contingent to.,the city limits, eliminating any question as to annexation of this
property. The malt beverage and wine license requested is for a Colonial Store
to be built in a proposed shopping center on this site. Bill Darby made a motion
the license be issued, pending the contiguous property being annexed into the city.
Jerry Mills seconded the motion. During discussion Al Cochran, representing the
King Springs Baptist Church, questioned the legality of issuing a malt beverage
license contiguous to annexation and building. It was stated this location met all
the requirements for a malt beverage package license. The motion and second were
withdrawn. Homer Kuhl made a motion the malt beverage license be denied. Rem
Bennett seconded the motion and the vote was unanimous.
Bill Darby made a motion the application for a malt beverage and wine retail package
license be approved for Uncle•Roland's Ltd., Cobb Parkway at Herodian Way, Amoco
Self Service Gas Station. C. 0. Canada seconded the motion and the vote was six
to one. Homer Kuhl opposed.
Commercial building permits were submitted by building inspector Gene Hoaster and
upon his recommendations the following action is recorded:
(1) The building permit to build an addition onto the Spring Street Baptist Church
(denied at the April 5th meeting) was resubmitted. Rev. Martin stated the plans
had been adjusted, taking five feet off the addition which would place the building
further from the street. Also they were recommending a flat roof, the entrance to
the building would not be to the street, but open into the parking lot. Upon the
recommendation of the building inspector, Elbert Coalson made a motion the permit
be granted. Rem Bennett seconded the motion and the vote was unanimous.
392
(2) Wm. S. Logan of 4122 Fawn Lane requested a side yard variance of one (1)
foot in order to build an enclosed garage. A letter was presented from his next
door neighbor, James A. Waid of 4134 Fawn Lane, stating he had no objection to
W. S. Logan building an enclosed garage within nine feet of the common property
line. Rem Bennett made a motion the variance be granted. Jerry Mills seconded
the motion and the vote was unanimous.
Bids received on the 1974 Ford Torino (surplused police car) were opened, read and
are recorded as follows:
William H. Summer 662 Rita Street, Marietta $460-00
Dennie Stone 1290 Spring Street, Smyrna 276.25
Geo. D. Greathouse 513.00
Alvin Beaty 301.50
Fred Beasley 83 Chert Road, Marietta 201.00
Bids were referred to the garage committee with authority to accept the high bid.
Rem Bennett made a motion the following ordinance amendments be approved:
(1) Section 18-6002-B3 - It shall be unlawful for any group or individual to
obstruct or restrict drainage by depositing leaves, trash, garbage, or any other
material within enclosed catch basins, storm sewers, easements or road right of ways.
(2) Section 18-6002-Al - It shall be unlawful for any individual or group to deposit
any material on the streets of the City of Smyrna that shall cause an obstacle to
traffic or any unsightly condition. This ordinance shall apply to leaves, trash,
dirt, sand, gravel, mud, or any other foreign material, left to the discretion._of,
the Superintendent of Streets to constitute a nuisance.
(3) Section 18-6002-B4 - Henceforth it shall be unlawful for any group or individual
to obstruct or restrict drainage on recorded easements by the installation of any
fence or any permanent structure. Where fences or any permanent structure exists
on any city easement and it becomes necessary to remove said items from the ease-
ments, the expense of the reconstruction and reinstallation of said items shall be
the responsibility of the property owners.
(4) Section 18-6002-B5 - Upon violations of the foregoing ordinances numbered
18-6002-B3, 18-6002-A1, and 18-6002-B4 coming to the attention of the Superintendent
of Streets, he shall notify the accused in writing of the condition whereupon the
accused shall have 10 days from date of mailing of said notice to correct the
condition.
If the condition has not been corrected within said 10 day period, the Superintendent
of Streets shall cite the accused to appear in Recorder's Court for the City of
Smyrna.
When, in the discretion --,,of the Superintendent of Streets, such condition constitutes
a danger to public or private property, he shall take such steps as are necessary
to correct said condition, without regard to notice.
Upon conviction in Recorder's Court the minimum fine shall be $25.00 and the maximum
fine shall not exceed a sum equal to $300.00 plus the cost of any corrective action
taken by the Superintendent..of Streets.
,C. 0. Canada seconded the motion and the vote was unanimous.
Rem Bennett made a motion a stop sign be erected on Cherrydale Drive at Highview
Drive. Elbert Coalson seconded the motion and the vote was unanimous.
Rem Bennett made a motion a stop sign be erected on Magnolia Drive at Lake Drive.
Elbert Coalson seconded the motion and the vote was unanimous.
C. 0. Canada stated the committee studying the Motor Fuel Dispensing pumps ordinance
had no report. The date for the public hearing was set for May 4, 1976 at 6:30 P.M.
Mayor Bacon stated the Optimist Club was sponsoring a "Youth Government" program
and the youth would attend the Council meeting of May 3, 1976 and meet with all
council on Saturday morning, May 8, 1976. He asked all councilmen to participate.
CITIZEN INPUT
One citizen thanked Mayor and Council for clearing up some trouble spots in Ward 5.
He asked that ordinances be made clearer, easier for the layman to understand,
when proposed.
(Continuation of April 19, 1976 Meeting)
E. Y. Smith reported a bad traffic hazard was caused by the private road, running
by the Seven -Eleven through to North Cooper Lake Road. He asked that something
be done to eliminate that problem. He also stated he had talked with Charlie Jones
and he was looking into this.
AROUND THE TABLE
(1) Elbert Coalson reported the sanitation department was getting a lot of com-
plaints about the trucks not getting all the trash. He asked that all citizens
bear' with us during the spring cleanup period.
(2) C. 0. Canada reported King Springs Park would open April 26th and we needed
a sound system. Jerry Mills made a motion to turn this purchase over to the Parks
and Recreation Committee, with authority to purchase a PA System, not to exceed
$500.00. Elbert Coalson seconded the motion and the vote was unanimous.
(3) C. 0. Canada stated that city employees from several departments had formed
another baseball team and asked who would pay the registration fee. After
discussion it was decided this fee would be paid from the General fund.
(4) The Smyrna Girl's Softball Parade will be Saturday, May 1, 1976, beginning
at the Smyrna Drive In at 8:30 A.M.
(5) The Pony League season, begins Saturday morning at 8:45 A.M.
(6) C. 0. Canada stated the Southeastern Pony League Tournament, covering thirteen
states, would be held at Cobb Park and we needed to pave the parking area near the
street and all along the side of the fence. C. 0. Canada made a motion we put
out bids to pave the parking area of Cobb Park, to be opened May 3, 1976. Homer
Kuhl seconded the motion and the vote was unanimous.
(7) C. 0. Canada stated the City Hall Annex building needed to be treated for
termites. One price of $400.00 for the initial treatment and $50.00 annually
thereafter has been received. C. 0. Canada made a motion to get two more estimates.
Homer Kuhl seconded the motion and the vote was unanimous.
(8) Lee Silver reported King Springs Park ball fields would open at 7:00 P.M.
Monday night.
(9) Homer Kuhl presented an application for a residential business license from
Jack M. Martin, 1449 Walker Street, to operate an upholstery shop in his home.
Jerry Mills made a motion the license be issued, with the stipulation there would
be no outside work. Bill Darby seconded the motion and the vote was unanimous.
(10) Homer Kuhl stated that if anyone had their budgets ready to get in touch
with him. C. 0. Canada said the budget for the Parks department was complete.
(11) With reference to the chain -link fence erected by C. C. Lee across the front
yard of Jerry.Parks on Guthrie Street, Jerry Mills reported he had talked with
Mr. Parks and he stated he would remove the fence and erect one that meets our
zoning ordinance.
(12) Jerry Mills, on recommendation of Fire Chief Don Atkinson, made a motion to
appoint Hubert Cochran as Assistant Fire Chief. Bill Darby seconded the motion
and the vote was unanimous.
(13) Jerry Mills stated that Mayor and Council met last Friday and he felt all
problems had been worked out, that council was united, and working for the better-
ment of the city.
(14) Bill Darby reported the police department was running smooth according to
the acting Chief. He read a letter, signed by approximately 90 per cent of the
employees, stating that acting Chief John Young was doing a good job and they would
like for him to be considered as Police.Chief.
(15) Jim Tolleson said the creek behind Jonquil Park needed to be rerouted in
order to drain more of the park property, making it usable. A motion was made by
Jim Tolleson, seconded by Jerry Mills, to have the creek rerouted at a cost not
to exceed $499.00. Vote on the motion was unanimous.
(16) Jim Tolleson reported that Larry Dunn and Eddie Bessette are going to
attend a water operator certification seminar at the Gainesville Junior College
the last of May.
e
March 29, 1976
City Council
Smyrna, Georgia
Gentlemen:
We, the undersigned neighbors of Robert & Mary Baker hereby acknowledge
that we are aware of the modifications which are planned on their
residence at 3215 Highland Drive,S.E. We recognize that these modifica-
tions result in a deviation from the Forty (40) Foot Right -Of -Way
clearance requirement in that the side of their garage will be Twenty Six
Feet, Eight Inches (26' 8") from the Right -Of -Way (By actual measurement
Thirty Nine (39) Feet from the curb).
We have no objections to the planned modifications and hereby indicate
our approval for the City of Smyrna to issue a Building Permit to allow
these modifications to be made._
7 7
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74
COBB COUNTY PLANNING COMMISSION
(Certification of zoning)
This is to certify the following described property, located in
Land Lot (s) 528 ,of the 17th District,2nd Section
of Cobb County, Georgia, is in the Planned Shopping Center
Zoning Classification. The Zoning of this property is recorded
in the official records of the Cobb County Planning Commission.
The property is more particularly described as follows:
See Attached Plat Marked Exhibit "A".
NOT FOR OBTAINING A BUILDING PERMIT:
Jj-1va't'2Aq�;22r
Aa to
Zotting Department
394
Meeting adjourned.
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ARTHUR T. BACON, MAYOR
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JAAES E. TOLLESON, WARD I
JERRYMILLS,�t'd TZP
C. 0. CANADA, WARD V
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WILLOUISE C. SPIVEY, TY CLE
WILLIAM F. DARBY, WARD II
VA
ELBERT R. COALSON, WARD VI