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12-06-1976 Regular MeetingDecember 6, 1976 The regularly scheduled meeting of Mayor and Council of the City of Smyrna was held pursuant to the Charter at City Hall, Smyrna, Georgia, December 6, 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. Also present was Chuck Camp, City Attorney, Willouise Spivey, City Clerk, Don Atkinson, Fire Chief, E. R. Little, Police Chief, J. E. David, Superintendent of Public Works, David Granade, Building Inspector, Lee Silver, Director of Parks and Recreation, Ron Egger, Controller and representatives of the press. Invocation was given by Homer Kuhl, followed by the pledge to the Flag. Dan Britt, owner of a business in Belmont Hills Shopping Center, asked why signs that did not meet the sign ordinance were ordered taken down on Atlanta Road and not in other sections of the city. David Granade, Inspector, advised that there were some fifty (50) signs in Belmont Hills Shopping Center alone, and that is why he started on Atlanta Road first. Mr. Britt stated that he had taken his sign down but that others were still up and he thought they should be taken down also. Mayor Bacon stated that we were going to enforce the Sign Ordinance and that if signs were not taken down when the owners were notified, the owners would be issued a citation into court. A citizen who owns a business on Atlanta Road asked the status of the widening of Atlanta Road. He stated that several citizens who own businesses along Atlanta Road are opposed to the widening of the downtown portion of this street. He stated we had busy four -lane highways on either side, Cobb Parkway and South Cobb Drive, and we did not need another highway in order to rush through Smyrna. Mayor Bacon advised that there would be a public hearing before anything was done. Mayor Bacon presented the "Distinguished Service Award" to Winston C. Burger, Sr. in appreciation for the many, many years service he has given to the City of Smyrna -1 Civil Service Board. Mr. Burger had served on this board since its beginning _in 1959 until October 20, 1976. The next order of business was hearing the appeal of the decision of Recorder's Court, by General E. L. Sparks. Mr. Sparks and Police Officer J. L. LeCroy were sworn in by City Attorney Chuck Camp. Officer LeCroy presented the charges of im- proper lane usage as written on November 4, 1976. Mr. Sparks and council members then questioned Officer LeCroy. Mr. Sparks stated he did not think he was guilty, that Officer LeCroy had greatly exaggerated the improper lane usage charge and would not listen to what he had to say. After discussion Homer Kuhl made a motion the decision on Recorder's Court be upheld. C. 0. Canada seconded, and the motion carried five for and two abstaining. Elbert Coalson and Jerry Mills abstained. The request to annex property owned by Mrs. A. L. Crowe, Sr. in LL 629 and 630 into the City of Smyrna was discussed. On motion by Homer Kuhl, seconded by Bill Darby, this property was annexed into the City, to become a part of Ward 1. It will be zoned the same as is presently zoned in Cobb County. Vote on the motion was unanimous. Homer Kuhl made a motion the Smyrna Athletic Association obtain a $50,000 liability insurance policy on the building erected in Ward Park, in order to protect the City. Rem Bennett seconded the motion and the vote was unanimous. C. 0. Canada made a motion the City sign the lease agreement with the Smyrna Athletic Association for the use of the building erected in Ward Park, for a period of 20 years. Elbert Coalson seconded the motion and the vote was six to one. Jim Tolleson voted against the motion. Bids for two police cars were opened, read and are recorded as follows: Lamar Ferrell Strother Ford John Smith Chevrolet Neil Pope Ford Plaza Pontiac Anderson Motors Malibu Sedan $4,855.06 Malibu 305 4,377,44 460 V-8 Package 5,188.61 Granada 4-D Sedan 4,582.02 4-D Chevelle 340 4,775.70 Chevelle 4-D 305 eng. 4,427.46 Ford Granada 302 V-8 4,605.28 two at $9,210.56 Ford LTD 460 V-8 5,241.69 two at $10,483.38 Lamons ($427.91) 4,125.74 two at $8,251.48 Standard 4-D 4,553.65 two at $9,107.30 Chevelle Pkg. 4,688.97 two at $9,377.94 Chevelle 4-D Sedan 4,291.73 two at $8,583.46 (Continuation of December 6,'1976 Meeting) Nally Chevrolet Chevelle 4-D Sedan $4,646.00 Day's Chevrolet Chevelle 4-D Sedan 4,301.33 two at $8,602.66 Chevelle Police Pkg. 4,598.51 two at $9,197.02 Wade Ford LTD - 4-D Sedan 5,181.89 two at $10,363.78 Granada 4-D Sedan 4,977.76 two at $9,955.52 Jim Tidwell LTD - 4-D 5,244.08 Granada 4,583.82 Carey Paul Ford LTD 4-D 5,297.60 Granada 4-D 4,569.52 Jerry Mills made a motion the bids be referred to the Police Committee, with authority to act on the best bid. Jim Tolleson seconded the motion and the vote was unanimous. David Thompson requested a building permit to erect a greenhouse in the Grant City parking area. Inspector Granade stated he had permission to use the restrooms of the store next door. The building will be of fiberglass and steel. After discussion Homer Kuhl made a motion the permit be denied. Rem Bennett seconded the motion and the vote was unanimous. Elbert Coalson made a motion bids be requested for one garbage truck to be opened at the next council meeting on December 20. Rem Bennett seconded the motion and the vote was unanimous. This is to be paid from Revenue Sharing Funds. C. 0. Canada made a motion that bids be requested for a longbed pickup truck for the Parks department, bids to be opened at the next council meeting. Jerry Mills seconded the motion and the vote was unanimous. C. 0. Canada read a letter from the Parks and Recreation Commission recommending the new swimming pool at King Springs Park be named the "Les Charles Municipal Pool." C. 0. Canada made a motion the new pool be named the "Les Charles Municipal Pool." Homer Kuhl seconded the motion and the vote was unanimous. Bill Darby made a motion the pay periods of the Fire and Police Departments be changed to weekly, so as to correspond with the pay periods of the other City employees. Jerry Mills seconded the motion and the vote was unanimous. Homer Kuhl made a motion the City buy turkeys for the employee's Christmas. Rem Bennett seconded the motion and the vote was unanimous. Rem Bennett stated he had met with Charlie Jones and Doug Hefty and they had discussed the traffic lights on South Cobb Drive at Concord Road and Atlanta Road at Spring Road. The only firm decision was the light at Wisteria and McCauley at South Cobb Drive. Cobb County has agreed to install the new controller and under- ground vehicle loop detectors at the intersection. The City of Smyrna must furnish State permit and equipment for the installation. The cost of the equipment will be $1,098.00 if purchased through the county. Rem Bennett made a motion this equip- ment be purchased. Homer Kuhl seconded and the vote was unanimous. Homer Kuhl made a motion the minutes of November 1, 1976 be approved as submitted. Jerry Mills seconded the motion and the vote was unanimous. Homer Kuhl made a motion the minutes of November 15, 1976 be approved as submitted. Jerry Mills pointed out the typographical error in the Mayor's name, and with this correction seconded the motion. Vote on the motion was unanimous. Jim Tolleson made a motion the minutes of November 20, 1976 be approved as submitted. Jerry Mills seconded the motion and the vote was unanimous. Rem Bennett commended Jerry Davis for doing a good job with the Animal Control Unit and stated he was working two Saturday mornings per month. Elbert Coalson said that Jack Eudy had asked citizens to rake their leaves to the curb and he would pick them up by machine. The leaf machine broke down and Mr. Coalson asked that no one else rake leaves to the curb. They are trying to get up those that are already there, and hope the machine will be in operation in a couple of days. (Continuation of December 6, 1976 Meeting) Elbert Coalson stated the permit to sell Christmas trees at the corner of Beaver Creek Road and Cherokee Road was issued in error and Inspector David Granade was in the process of getting the trees removed. Homer Kuhl stated the tax bills went out last week and he made a motion the payment deadline be extended to January 17, 1977, before penalties are charged. Bill Darby seconded the motion and the vote was unanimous. Mr. Kuhl stated that money was slow coming in and asked all council to watch expenses closely. Jerry Mills read a recommendation from the Employees Benefit Committee with reference to accumulated sick leave. The department heads had met and unanimously recommended the following days be accrued as of September 13, 1976: Supervisors with over 5 years service: 30 days Supervisors with under 5 years service: 20 days Hourly workers with over 5 years service: 15 days Hourly workers with under 5 years service: ' 10 days Jerry Mills made a motion the above schedule be approved. Jim Tolleson seconded the motion and the vote was unanimous. A meeting was called for 9:30 next Saturday morning to discuss emergency crews in the Public Works Department. Bill Darby requested approval to request bids for four (4) pagers for the Civil Defense Department, to be opened at the next council meeting on December 20, 1976. These would be purchased with matching funds and the City's share for the four pagers will be $760.00. Bill Darby made a motion bids be requested for four pagers, to be opened December 20, 1976. Homer Kuhl seconded the motion and the vote was unanimous. Bill Darby stated he had some information from the State with reference to the Speed Detection devices. Bill Darby made a motion the Speed Zone Ordinance be adopted, being spread upon the minutes, as follows: SPEED ZONE ORDINANCE City of Smyrna Cobb County Georgia "By authority under Section 68A, Article VII, of the Uniform Rules of the Road Act, for local authorities to alter lawful speed limits, following is an ordinance regulating speed limits on State Routes within the City of Smyrna, Cobb County, Georgia. Be it ordained by the Mayor and City Council of Smyrna, Georgia that the following speed zones are established: Cobb County: That segment of road on SR 3 beginning at the South City Limit of Smyrna (800 feet south of Campbell Road) and continuing northerly on SR 3 to the intersection with Concord Road/New Spring Road a distance of 1.059 miles to be speed zoned for 45 miles per hour. That segment of roadway on SR 3 beginning at Concord Road and continuing northerly on SR 3 to the intersection with Cherokee Road a distance of 1.084 miles to be speed zoned for 35 miles per hour. That segment of roadway on SR 3 beginning at Cherokee Road and continuing northerly on SR 3 to the North City Limit of Smyrna (Park Street) a distance of .647 miles to be speed zoned for 45 miles per hour. That segment of roadway on SR 3E (US 41) beginning at Spring Road and con- tinuing northerly on SR 3E (US 41) to the North City Limit of Smyrna (2170 feet north of Hargrove Road, 70 feet north of Plumtree Parkway) a distance of .776 miles to be speed zoned for 50 miles per hour., Thar segment of roadway on SR 230 beginning at the South City Limit of Smyrna (C.L. Wisteria Lane) and continuing northerly on SR 280 to the North City Limit of Smyrna (C.L. Pat Mell Road) a distance of 2.056 miles to be speed zoned for 45 miles per hour. (Continuation of December 6, 1976 Meeting) That segment of roadway on Bank Street beginning at SR 280 and continuing easterly on Bank Street to the intersection with SR 3 a distance of 1.153 miles to be speed zoned 35 miles per hour. That segment of roadway on Campbell Road beginning at SR 3 and continuing northeasterly on Campbell Road to the intersection with L & N Railroad a distance of .436 miles to be speed zoned 35 miles per hour. That segment of roadway on Cherokee Road beginning at SR 280 and continuing easterly on Cherokee Road to the intersection with SR 3 a distance of 1.043 miles to be speed zoned for 40 miles per hour. That segment of roadway on Church Street beginning at SR 280 and continuing easterly on Church Street to the intersection with SR 3 a distance of 1.160 miles to be speed zoned for 35 miles per hour. That segment of roadway on Concord Road beginning at SR 280 and continuing easterly on Concord Road to the intersection with SR 3 a distance of 1.226 miles to be speed zoned for 45 miles per hour. That segment of roadway on Kennesaw Drive beginning at Old Concord Road and continuing easterly on Kennesaw Drive to the intersection with Harolds Lane a distance of .468 miles to be speed zoned for 30 miles per hour. That segment of King Spring Road beginning at Hayes Drive and continuing northerly on King Spring Road to the intersection with 125 feet north of Pinehurst Circle (north) a distance of 0.500 miles to be speed zoned for 35 miles per hour. That segment of roadway on McCauley Road beginning at SR 280 and continuing northerly on McCauley Road to the intersection with Concord Road a distance of .704 miles to be speed zoned for 35 miles per hour. That segment of roadway on N. Cooper Lake Road beginning at Thomas Lane and continuing northerly on N. Cooper Lake Road to the intersection with Concord Road a distance of 1.026 miles to be speed zoned for 40 miles per hour. That segment of roadway on Old Concord Road beginning at Hickory Acres Drive and continuing northerly on Old Concord Road to the intersection with SR 280 a distance of .723 miles to be speed zoned for 40 miles per hour. That segment of roadway on Old Concord Road beginning at SR 280 and continuing northerly on Old Concord Road to the intersection with Pat Mell Road a distance of .177 miles to be speed zoned for 40 mile,4 per hour. That segment of roadway on Old Spring Road beginning at Cherokee Road and continuing northerly on Old Spring Road to the intersection with Kennesaw Drive a distance of .445 miles to be speed zoned for 25 miles per hour. That segment of roadway on Powder Springs Street beginning at SR 280 and continuing easterly on Powder Springs Street to the intersection with SR 3 a distance of 1.216 miles to be speed zoned for 35 miles per hour. That segment of roadway on Reed Road beginning at N. Cooper Lake Road and continuing easterly on Reed Road to the intersection with 275 feet west of Canterbury Drive a distance of .898 miles to be speed zoned 35 miles per hour. That segment of roadway on Spring Road beginning at SR 3 and continuing easterly on Spring Road to the intersection with SR 3E (US 41) a distance of 2.495 miles to be speed zoned for 45 miles per hour. That segment of roadway on Ward Street beginning at Powder Springs Street and continuing northerly on Ward Street to the intersection with Cherokee Road a distance of .499 miles to be speed zoned for 35 miles per hour. School Zone: That segment of roadway on SR 3 beginning at the intersection with 615 feet south of Campbell Road and continuing northerly on SR 3 to the intersection with 1000 feet north of Campbell Road a distance of .306 miles to be speed zoned for 35 miles per hour "when flashing." (Continuation of December 6, 1976 Meeting) That segment of roadway on Campbell Road beginning at the intersection with SR 3 and continuing northeasterly on Campbell Road to the intersection with 315 feet east of Argyle Drive a distance -of .205 miles to be speed zoned for 30 miles per hour "when flashing." That segment of roadway on Cherokee Road beginning at the intersection with 430 feet east of Eubank Circle and continuing easterly on Cherokee Road to the intersection with Cherokee Trail a distance of .422 miles to be speed zoned for 30 miles per hour "when flashing." That segment of roadway on Concord Road beginning at the intersection with Lusk Drive and continuing easterly on Concord Road to the intersection with 100 feet east of Evelyn Street,a distance of .222 miles to be speed zoned for 35 miles per hour "when flashing." That segment of roadway on Powder Springs Street beginning at the intersection with 165 feet west of Eastfield Road and continuing easterly on Powder Springs Street to the intersection with 10 feet west of Guthrie Street a distance of .334 miles to be speed zoned for 25 miles per hour "when flashing." That segment of roadway on Reed Road beginning at the intersection with 650 feet west of King Valley Drive and continuing easterly on Reed Road to the intersection with 270 feet west of Canterbury Drive (East City Limits) a distance of .208 miles to be speed zoned for 25 miles per hour "when flashing." That segment of roadway on Spring Road beginning at the intersection with 30 feet east of Carolyn Drive and continuing easterly on Spring Road to the intersection with Woodruff Drive a distance of .254 miles to be speed zoned for 35 miles per hour "when flashing." Pedestrian Zone: That segment of roadway on Ward Street beginning at the intersection with 625 feet south of Cherokee Road and continuing southerly on Ward Street to the intersection with 1325 feet south of Cherokee Road a distance of 700 feet to be speed zoned for 25 miles per hour. Signs on State Routes to be erected by the State Department of Transportation, all others by the City: Be it resolved that any person convicted of a violation of this ordinance shall be punished as provided for by law. All Ordinances and parts of Ordinances in conflict with this Ordinance are herewith repealed. This Ordinance shall become effective when so posted by the Department of Transportation, Highway Division." After discussion of the recommendations of the State to raise some speed limits, especially that on Spring Road from 40 MPH to 45 MPH, and 35 MPH in the school zone, Homer Kuhl made a motion that Spring Road be removed from the Ordinance. Jim Tolleson seconded the motion. Vote on the motion was five to two. Bill Darby and Jerry Mills voted against the motion. The motion by Bill Darby to adopt the ordinance, with the exception of Spring Road carried by unanimous vote. Jim Tolleson asked council approval to pay two supervisors in the Water Department for 80 hours of overtime work, at regular rates. Jerry Mills seconded the motion. Homer Kuhl opposed this action, stating these men accepted their positions based on a salary, and if one supervisory person was paid all the departments would be affected, and the city could not afford this expense at the present time. Mr. Kuhl suggested they take time off in lieu of pay'for their accumulated overtime hours. Mayor Bacon stated he thought these men should be paid. Vote on the motion was five to two. C. 0. Canada and Homer Kuhl voted against the motion. Mayor Bacon reminded all Council of the lighting of the Christmas tree and the burying of the Bicentennial Capsule at 7:00 P.M. on December 7, 1976. Also, the Cobb Municipal Association Christmas Dinner meeting on December 14th and the Jonquil Breakfast on December 15, 1976. Under Citizens Input, Katherine Geisler said she had been advised by Chuck Camp that a covenant was now only good for 20 years. She stated that in 1972 citizens from Cherokee Hills appeared before Council and they voted to go along with the covenant of Cherokee Hills until 1981. Mrs. Geisler stated that there are now at k, (Continuation of December 6, 1976) least two apartments and one duplex in the area. Attorney Camp stated the City had no control over a covenant. David Granade is to check out these violations. Dick Justice of the Smyrna Jaycees asked -permission to hold a bucket brigade for the Empty Stocking Fund on December llth and December 18th at Spring and Hargrove Road and Benson Poole and Jones Shaw Road, from 10:00 A.M. until 5:00 P.M. Jerry Mills made a motion the bucket brigades be approved. Bill Darby seconded the motion and the vote was unanimous. City Attorney Chuck Camp stated soliciting funds from the street was against the State Law. Bill Darby made a motion to grant the request of Thomas McFadden for a six (6) months leave of absence. C. 0. Canada seconded the motion and the vote was unanimous. Bill Darby made a motion Bank Street from King Street to the City Hall Annex, be closed Tuesday night from 6:30 until 8:00 P.M., during the Christmas tree lighting ceremony. Homer Kuhl seconded the motion and the vote was unanimous. Meeting adjourned at 9:30 P.M. December 20, 1976 The regularly scheduled meeting of Mayor and Council of the City of Smyrna was held at City Hall, December 20, 1976 at 7:30 o'clock P.M. The meeting was called to order by Mayor Pro-tem Homer Kuhl. Mayor Arthur T. Bacon was absent due to a death in the family. All Councilmen were present. Also present was Chuck Camp, City Attorney, Willouise Spivey, City Clerk, David Granade, Building Inspector, R. E. Little, Police Chief, Don Atkinson, Fire Chief, Jim David, Superintendent of Public Works, Lee'Silver, Director of Parks and Recreation and representatives of the press. Invocation was given by Senator Joe Thompson, followed by the pledge to the Flag. Carl R. Acevedo of 2698 Rolling View Drive reported a buffer zone violation at the Farmstead Condominiums. He stated different individuals were using the buffer zone for their own personal use to store wood, motorcycles, etc., and asked that Council check into this problem. Inspector David Granade was instructed to check the buffer zone and have it cleared. Marston Tuck stated he was distressed with what he was hearing about the Fire Department, the low morale, the dissatisfaction with the working.hours, etc. He stated that if the City would establish a communications system in the bottom of the Fire Department basement for the fire, police and civil defense, with one emergency number, the firemen could be put on a 24 hour on and 48 hours off schedule without hiring additional personnel. Mr. Tuck also said he thought there had been some administrative interference, also a communications breakdown. Mr. Kuhl thanked Mr. Tuck for his comments. David Thompson asked to appeal the decision of Council to deny the issuance of a building permit for a greenhouse on the parking lot of Grant City. He stated it took a special type building for plants and that he could not erect the building on the end of the lot. After discussion it was the decision of council the original vote to deny the permit stand. Horace Huggins, speaking for the Fire Department, said he thought Mayor and Council should set a date and time to meet with the firemen and tell them if they would or would not go on a 24 hours on and 48 hours off schedule. He said he was not a fireman, but a citizen interested in the department. Jerry Mills said that he and Mayor Bacon had met with the Fire Underwriters and discussed the number of men required in each station, to keep the same fire rating. The hiring of four radio operators had also been discussed and that they were working to improve the hours of work for the firemen. James Padgett, a fireman, questioned the benefits given members of the Fire Depart- ment. He stated they did not get paid holidays, as those were listed as their kelly days. Councilman Mills said he would answer questions regarding the benefits, and they were discussed one by one.