Loading...
02-07-1977 Regular MeetingFebruary 7, 1977 The regular meeting,of Mayor and Council was held pursuant to the Charter February 7, 1977 at City Hall, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Arthur Bacon at 7:30 o'clock P.M. All Councilmen were present. Also present was Charles Camp, City Attorney, Willouise Spivey, City Clerk, R. E. Little, Police Chief, Ron Egger, Controller, Lee Silver, Director of Parks and Recreation, David Granade, City,Inspector, Don Atkinson, Fire Chief, James David, Director of Public Works and representatives of the press. Invocation was given by Homer Kuhl, followed by the pledge to the Flag. A ---- Citizens Reports - Two citizens, Gene Jernigan of Ward 7 and Frank Gardner of Ward 1 spoke in opposition to people living outside the city using the city's facilities. They stated they had no opinion as to whether they were annexed into the city, but thought that if they did not help to pay for the facilities they should be charged a fee to use them. Parks and Recreation Director Lee Silver, Chairman of the Cobb County Heart Fund requested permission to hold a bucket brigade on February 26th from 9:00 A.M. until 1:00 P.M. The two intersections to be worked would be Hargrove Road at Spring Road and Spring Road at Atlanta Road. Elbert Coalson made a motion the request be granted. Rem Bennett seconded the motion and the vote was unanimous. The first item of business was the residential business license request by Ms. r - Rhonda K. Bryant, 3150 Reeves Street, to type no fault divorce papers in her home. Ms. Bryant was present. During discussion Attorney Camp asked Ms. Bryant if she gave any legal advice, or advised her clients in any way. She stated she did -not. Homer Kuhl recommended no action be taken on this request until Ms. Bryant had con- sulted with an attorney to be sure that she, as well as her clients, were legally protected. Bids were opened on the 1975 Ford Custom surplused police car, read and are recorded as follows: Puckett Auto Parts $801.00 James E. Cantrell $650.00 Jerry Mills motioned the bids be turned over to the garage committee with authority to accept the high bid. C. 0. Canada seconded the motion and the vote was unanimous. Bids received for installing a sidewalk and curb on McCauley Road (2800 feet) were opened, read and are recorded as follows: Ernest Grading Contractor, Marietta $18,946.00 C. A. Thackston Paving Co., Marietta $14,000.00 �� On motion by Jerry Mills, seconded by Rem Bennett, bids were referred to the streets :c1. committee for review. The vote was unanimous. 'Commercial building permits were submitted by David Granade, and upon his recommen- dation the following action is recorded: 01 (1) Jack W. Boone building, 2450 South Cobb Drive requested a permit to build another story onto the existing building, attic space only. Plans met the building codes and had been approved by the Fire Department. Rem Bennett made a motion the permit ,�- be approved. C. 0. Canada seconded the motion and the vote was unanimous. (2) Amoco Station, 2711 South Cobb Drive requested a permit to convert to self- service, a key lock operation only. Plans had been approved by the Fire Department. The permit was approved on motion by Rem Bennett, seconded by Jerry Mills, and carried by unanimous vote. n N Rem Bennett made a motion the Spirituous Liquor Ordinance be amended as follows: Be it resolved that Section 19-2014 of the Liquor Ordinance .(Package) shall be amended by adding after the last sentence thereof the following new.last sentence: "Provided however, after February 7, 1977, in no event shall the building 't containing such establishment be located closer than 200 feet from the property line of any church, by any means of measurement, and also provided this provision shall not apply to renewal of licenses granted prior to February 7, 1977." (Continuation of February 7, 1977 meeting) G Be it further resolved that Section 20-2001 of the Spirituous Liquor Ordinance (Sale by Drink) shall be amended by adding after the last sentence thereof, the following new last sentence: "Provided however, after February 7, 1977, in no event shall the building containing such establishment be located closer than 200 feet from the property line of any church, by any means of measurement, and also pro- vided this provision shall not apply to renewal of licenses granted prior to February 7, 1977." Be it further resolved that Section 18-2006, Alcoholic & Malt Beverage Ordinance, Location of Business, be repealed in it's entirety and deleted from the ordinances of the City of Smyrna. Jerry Mills seconded the motion. During discussion, Bill Darby stated he was of the opinion this should not apply to property owned by a church, but to the church building alone. Attorney Camp stated the amendment referred to any parcel of land on which a church is located. Vote for the motion was six to one. Bill Darby abstained. On motion by Elbert Coalson, seconded by Jerry Mills, February 21, 1977 was the date set to hear the appeal of the decision of Recorder's Court, by Doug Styles. Vote on the motion was unanimous. The minutes of January 10, 1977 were approved as submitted on motion by Homer Kuhl, seconded by Jerry Mills. Vote on the motion was unanimous. Minutes of the January 17, 1977 meeting were approved as submitted on motion by Jerry Mills, seconded by Jim Tolleson. Vote on the motion was unanimous. Rem Bennett made a motion that City Ordinance 18-6003, Installation of Underground Garbage Cans be amended as follows: "On all residences constructed after November 17, 1976, the cost of installation of underground garbage cans as required by the City shall be paid at the time the building permit is purchased. Such payment shall be acknowledged by separate receipts from an authorized employee of the City. "The cost above referred to shall be determined annually by the Building Inspector with the advice of the Purchasing Department and consent of the Mayor and posted with the receipt books on or before February 1, of each calendar year. "The City of Smyrna, for the above fee, shall install one 30 gallon can located no more than 4 feet and no less than 2 feet from curb side. In order to relocate underground cans, the sanitation supervisor will be notified of relocation for final approval. "The cost of the liner is to be paid by the home owner, at the time he applies for water service. "If additional cans are necessary to maintain proper refuse disposal, the second can may be purchased at City Hall by persons occupying such residence. The second can will be installed only after payment has been received at City Hall." Jerry Mills seconded the motion which carried by unanimous vote. Rem Bennett made a motion that City Ordinance 18-10001, of the Plumbing Code be amended as follows: An ordinance regulating the installation, including alterations, repairs and replace- ment of plumbing piping, fittings, fixtures, equipment and appurtenances which may be connected to the water or sewerage system in the City of Smyrna, providing for the issuance of permits and collection of fees therefor; providing penalties for the violation thereof; and repealing all ordinances and parts of ordinances in conflict therewith. Be it ordained by the Mayor and Council of the City of Smyrna as follows: 11-__ PROTECTIVE COVENANTS - HICKORY MILL TATE OF GEORGIA OUNTY OF COBB THIS DECLARATION OF PROTECTIVE COVENANTS, made & publish his September 17, 1979, by STERLING G. BOWEN, INC., a corporation hartered under the laws of the State of Georgia, County of Cobb, and having its principal office in Cobb County, Georgia. W I T N E S S E T H THAT, WHEREAS, said corporation is the owner of the sub- iivision known as HICKORY MILL SUBDIVISION and being a subdivision f all of those certain lots, tracts or parcels of land situated, ying and being in Land Lots 2411, 261 and 316 of the 17th District, nd Section of Cobb County, Georgia, being more particularly des- ribed as follows., Lots 1 through 20 inclusive, as per plat by . S. Ross & Associates, Registered Land Surveyors, and recorded n Plat Book , Page , Cobb County Records, and WHEREAS, it is to the interest, benefit and advantage of TERLING G. BOWEN, INC. and to each and every person who shall ereafter purchase any above described lot in said subdivision hat certain protective covenants governing and regulating the use nd occupancy of the same to be established, set forth and declared o be covenants running with the land; NOW, THEREFORE, for an in consideration of the premised nd of the benefits to be derived by STERLING G. BOWEN, INC., and j ach and every subsequent owner of said lots in said subdivision, STERLING G. BOWEN, INC. does hereby set up, establish, promulgate ind declare the following protective covenants to apply to all of Said lots and to all persons owning said lots, or any of them, iereafter; these protective covenants shall become effective immediately and run with the land and shall be binding on all ,Dersons claiming under and through STERLING G. BOWEN, INC. until September 16, 1999, at which time said covenants may be extended Dr terminated in whole or in part as hereinafter proveded, to wit: Said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 1. LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height and,a-private garage for not more than two cars. 2. ARCHITECTURAL CONTROL: No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing location of the structure have been approved by the architectural control committee as to quality of workmanship and materials,r,harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. Approval shall be as provided in #3 below. 3. ARCHITECTURAL CONTROL COMMITTEE: All plans and specifications are to be approved in writing by STERLING G. BOWEN, INC., with one copy of each to be retained by STERLING G. BOWEN, MI until completion of structure. The following individuals will act as the Architectural Control Committee: STERLING G. BOWEN, ANNE D. BOWEN WIT B. CARSON, III SHARON W. CARSON A majority of the members of the committee shall decide what action) will be taken on all plans and specifications submitted. 4. DWELLING SIZE: The ground floor area of the main structure exclusive of one-story open porches and garages, shall not be less than 2000 square feet for a one-story dwelling,'not less than 1100 square feet for a dwelling of more than one-story. All dwellings to have a minimum frontage of 65 feet. 5. BUILDING LOCATION: No building shall be located on 1 any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located on any lot nearer to 60 feet to the front lot line or nearer than 60 feet to any Side street line.. No building shall be located nearer than 10 feet to any interior lot line, except that a 2-foot side yard shall be re- quired for a garage or other permitted accessory building located 60 feet or more from the minimum building setback line. No dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purposes of this covenants, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. 6. EASEMENTS: Easements for installation and maintenanc of utilities and drainage facilities are reserved as shown on recorded plat and within ten feet arounO the perimbter..6f .the _stib- division 7. NUISANCES: No noxious or offensive activity shall bel carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at anytime as a residence either temporarily or permanently. 9. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, two political signs not more than five square feet each placed within three months of the respective lelection, one sign of not more than five square feet advertising Ithe property for sale or rent, or signs used by a builder to (advertise the property during the construction and sales period. 10. LIVESTOCK AND POULTRY: No animals, livestock, or (poultry of any kind shall be raised, bred or kept on any lot, except (that dogs, cats or other household pets may be kept provided that Ithey are not kept, bred or maintained for any commercial purposes. 11. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 12. SEWAGE DISPOSAL: No individual sewage -disposal system shall be permitted on any lot unless such system is designed; located and constructed in accordance with the requirements, standaz and recommendations of the Georgia Department of Public Health. Approval of such sytems as installed shall be obtained from such authority. 13. COMMENCEMENT OF CONSTRUCTION: Any purchaser of a lot shall have 36 months to begin construction of a residence on said lot and.all construction shall be completed within 48 months of said purchase. An extension of time may be granted by the Architectural Control Committee but any such extension must be in itten form. 14. SANITARY SEWER: All owners of Lots in Hickory Mill Subdivision will be subject to an assessment of $750.00 each payable to Mr. Buel Johns, 2544 Little John Trail, S. E., Marietta, Georgia 30067, if Hickory Mill Subdivision is in the future services by a Sanitary Sewer System, and said sanitary system connects to the sanitary sewer system installed by Mr. Johns in Cooper Lake Hills Subdivision. This covenant will expire July 27, 1989. 15. FUTURE SANITARY SEWER: Any and all costs of install4- tion of a future sanitary sewer system in Hickory Mill Subdivision will be borne by the then lot owners if 51% of said lot owners petition the City of Smyrna for the installation of a sanitary sewer system and the City agrees to such installation. These costs will be in addition to the lot assessment of $750.00 per lot if `the system is connected to the Cooper Lake Hills Subdivision (sanitary sewer system. 16. FUTURE CURB & GUTTERING: Any and all costs of linstallation of future curb and guttering of Hickory Mill Subdi- (vision will be borne by the then lot owners, if 51% of said lot ners petition the City of Smyrna for the installation of curb and guttering and the City agrees to such installation . 1 '1 . 17. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 18. SEVERABILITY: Invalidation of any one of these covenants by judgement or court order shall in no wise effect any of the provisions which shall remain in full force and effect. IN WITNESS WHEREOF, SAID STERLING G. BOWEN, INC. has caused these to be executed in its name by its president, and its corporate seal attested by its Secretary to be hereunto affixed on the day and year first above written. Signed, sealed and delivered in the presence of Witness Notary Public NOTAR•i FOBILIC, GEORGIA STATE AT LARGE jy coMMISSION EXPIRES JULY.i8,1962 STERLING G. BOWEN, INC. /STD INC7 G. BOWEN, President Attest: �" A �C. A NE D. BOWEN, Secretary ., , t Li 1"OM4 MAN Ma aa6�� Public (AJocks :Z),REc-6rJ Ass+: A&bt oN/St -- I-bew.4rna^)+ 6�E6I upv)oA. orse.rnarN F-0CIE rnAN C'JAN 1'�GL�/ON Sbl S'f'4N'f' �O iGC/Y� A N nE i.r �ttr Zt�e r r-ie wars Z / C! 1�s+o��cuN r /6 � � r FO itCrnq 1,► 8 �"RGSh ZI cpaltc i T '.SttA6l. V � Solt (u4* 5l(Jr%o,4M Y (Continuation of February 7, 1977 meeting) Chapter 10 - Plumbing Section 18-10001 (Plumbing Code) of the City of Smyrna is hereby repealed in its entirety and in lieu thereof the following is hereby adopted as Section 18-10001 - ' ' Plumbing Code of the City of Smyrna. a) Standard Plumbing Code as adopted November 1955 and amended through 1975 (Library of Congress Catalog No. 75-13526) and all amendments thereto, a copy of which plumbing code is maintained in the office of the City Clerk of the City of Smyrna and specifically made a part of this section of the Code of Ordinances of the City of Smyrna, Georgia. b) No plastic pipe will be allowed underground or in the walls of foundations, unless the same shall be a minimum schedule 40. Plastic pipe must be strapped rigid every four (4) feet, and all arms must be rigidly supported. All plastic pipe, including vents through roofs, must undergo a water test. Homer Kuhl seconded the motion and the vote was unanimous. Elbert Coalson thanked David Granade for having the wrecker service clean up the lot on Benson Poole Road. He also asked that David check properties on Ventura Road and demand the owners clean-up their property. C. 0. Canada made a request, in the form of a motion, to run a hydraulic study on Phase II of King Springs Park, at a cost of approximately $500.00, to be paid from the General Fund. Jerry Mills seconded the motion and the vote was unanimous. C. 0. Canada also reported a Recreational Survey was being conducted by the Parks and Recreation Committee. This survey will be conducted annually. Homer Kuhl called for a meeting of the Finance Committee sometime this week. Jerry Mills called a meeting of the Street Committee next Wednesday at 5:00 P.M. Jerry Mills stated Cobb County had started work on the installation of equipment for the traffic light at McCauley and South Cobb Drive, also the emergency light at No. 3 Fire Station is in progress. A tracer has been put on the equipment, which has been ordered for some time. Jerry Mills reported the Police Chief had requested a school flasher light, north of Campbell High School, on Atlanta Road. He made a motion this flasher light be approved at a cost of $416.25, with Cobb County erecting the signal. Rem Bennett seconded the motion and the vote was unanimous. Jerry Mills explained the reorganization chart in Public Works. (Chart to be made a part of these minutes.) He stated two supervisors had resigned and would not be _,-replaced. Jerry Mills made a motion the reorganization be approved. Jim Tolleson seconded the motion and the vote was unanimous. Jerry Mills stated the Insurance Committee was working on a safety program. They will work with department heads as to the hours to meet with employees. The committee plans to have representatives from the insurance company, or other safety personnel, explain safety operation of vehicles and all safety rules. This program is being started in an effort to cut down on accidents, thus reducing the insurance rates. Bill Darby stated the Police Department made application for a speed detection device and it has been approved by the Department of Public Safety. Some signs must be changed before the equipment is purchased. Jerry Mills asked all'councilmen to check their wards and if signs need updating, advise the street committee. Attorney Camp stated that Police Chief Little advised him the Police Department needs a list of all the signs and signals on city streets, with authorization they have been approved by Mayor and Council. If this is not possible, probably the best procedure would be to make a list of all the signs and signals, as to their location, and authorize them all in one motion, spreading them on the minutes. (Continuation of February 7, 1977 meeting) Jim Tolleson thanked everyone who participated in the Terri Myer's Day, especially the Fire and Police Departments. Jim Tolleson stated three new firemen were being hired and the Fire Committee had met with the Fire Chief on two occasions. He stated a training schedule had been set up and the firemen were rewriting the Work Guide Book, to be completed within a couple of weeks. The maximum and minimum wage scale had been posted, and the visiting hours have been extended from 6:00 P.M. to 10:00 P.M. Jim Tolleson stated the Citizens Committee has not been selected for the Certified City Program. He stated there were five -categories and he would like to have a committee of five. Homer Kuhl made a motion we give a quit -claim deed to the First Baptist Church on the alley between the old Smyrna School property and the church property. Jerry Mills seconded the motion and the vote was unanimous. Mayor Bacon announced council was to meet with representatives from the University of Georgia on Tuesday at 4:30 P.M. No citizen input. Meeting adjourned at 8:50 P.M. February 21, 1977 The regularly scheduled meeting of Mayor and Council was held February 21, 1977, at City Hall, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7:30 o'clock P.M. All Councilmen were present. Also present was Charles Camp, City Attorney, Willouise Spivey, City Clerk, Ron Egger, Controller, Lee Silver, Director of Parks and Recreation, R. E. Little, Police Chief, Don Atkinson, Fire Chief, David Granade, Inspector, Vic Broyles, Assistant Director of Public Works and representatives of the press. Invocation was given by Homer Kuhl, followed by the pledge to the Flag. Citizen Reports - Thomas Williams said he had talked with a councilman with reference to a traffic ticket and asked if any decision had been reached. Jim Tolleson asked if Mrs. Williams had pleaded guilty and was advised she did not. Mr. Williams asked C if the case should not have been dismissed, since the officer who made the charge did not appear in court. Attorney Camp advised that a case could be dismissed after three appearances. The first order of business was to hear the appeal of the decision of Recorder's Court of Doug Styles. Sgt. J. C. Puryear of the Cobb County Police Department, who wrote the ticket, was not present due to illness. Mayor Bacon asked Mr. Styles if he would agree to postpone the hearing until the next meeting, March 14, 1977, to which Mr. Styles agreed. Jerry Mills made a motion to hear the appeal of the decision of Recorder's Court by Roger J. Peaster on March 14, 1977. Rem Bennett seconded the motion and the vote was unanimous. r C. S. Ware, administrator for Mrs. A. B. Ware, Sr., requested property located at 1256 Sunset Avenue be rezoned from L.C. to Neighborhood Shopping. Jerry Mills made a motion this property be rezoned to Neighborhood Shopping, limited to an antique shop, with no outside displays. Rem Bennett seconded­,�he motion and the vote was unanimous. Jerry Mills made a motion to approve the management change of Malt Beverage and Wine Licenses at the Smyrna Market, 3350 South Cobb Drive for Chung Ku Sim, subject to the FBI fingerprint check. Rem Bennett seconded the motion and the vote was six for and one against. Homer Kuhl voted against the motion. Jerry Mills made a motion to approve the management change for Malt Beverage License at Harrison's Food Store, 1687 Roswell Road (formerly Handi-Mart) for