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April 5/19, 1976 Mayor and Council 388 of Mayor and Counci1 was he1d pursuant to the Charter at City . Apri1 5. 1976. snd ca11ed order at :30 0'c10ck P or Arthur T. Bacon. A11 Counci1men were present. A1so present . City C1erk. Char1es E. Camp. City Attorney. Birchfie1d. stant. Lee Si1ver Parks and Recreation Director. Gene Roaster Don Atkinson. Chief. James . David. Superintendent of Works and representatives of the press. Invocation was given by Romer Kuh1. f0110wed by the P1edge to the F1ag. Turner of 920 Cherokee Trai1 appeared before Mayor and Counci1 with remova1 of a fence. serving as a buffer. behind McDona1da Turner stated the fence was removed the middle of February. f from her back yard. that she had no privacy and a go-cart had her carport. She requested that McDona1ds be required to erect It was stated that McDona1ds did have another fence on order. Mayor 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-1ink fence across the front yard of Jerry Parks On Guthrie Street. He stated that he was unaware of Artic1e 501.10 of our zoning ordinance. prohibiting the installation of a fence of this type in a front also that he should have applied for a permit. ru1es this wou1d have to go before the Planning and Zoning y in turn would recommend to Mayor and Council. Mr. Lee asked what with the subpoena he had received. Mayor Bacon. with consent from agreed to postpone court action for two weeks. Lane appeared before Mayor and Council to appeal on March 4~ 1976. The charges were listed as a1tered act~ unsafe vehicle. Trooper Carey Hilton of he was following a trail of blue smoke coming le. the car had been jacked up and the bumper tires were slick. Crowe stated the car was oing to have it repaired. After discussion, ecision of Recorder's Court be upheld. Bill Darby was unanimous. H. L. McDaniell property on Spring Street at presented by Bill Alexander. The rezoning an office and warehouse. or distribution Mr. Alexander stated there wou1d be no be shipped by UPS. there would be ld of 5. 197 brought out that if street. Kuhl motion vote was Street the building would be too close to the a motion to deny the permit. Jim Tolleson seconded the unanimous. (4) to he had Canada the vote Fuerst of 2574 Evergreen Trail requested a back yard variance in order to his home. He a letter from Wyatt E. Duzenburg stating to Mr. Fuerst within 25' of his property line. C. O. a motion the permit be issued. Elbert Coalson seconded the motion and was unanimous. (5) Road was of gasoline. their new to convert the Service Station at the corner of Atlanta Road to a self-service is being held. This application the last meeting. After discussion Attorney Camp advised that in his would have to issue a license to Shell Oil Company. same type in effect before the moratorium, to reopen this station for the sale also advised that a license be issued to American Oil for at the intersection of Cobb Parkway and Hargrove Road. since a was issued to build the self-service station before the moratorium went ];layor Arthur Ordinance. Darby. They Bacon appointed a committee of three to study the Motor Fuel Dispensing They are as follows: C. O. Canada. Chairman. Jim Tolleson and Bill are to report their findings at the next council meeting. for the Case Garden Tractor with attachments. to be used in the Parks opened. read and are recorded as follows: l667.00 1598.86 300.00 345.00 $ 925.00 1153.00 400.00 536.00 C. made a motion the with authority to act be turned over to the Parks and Recreation on the low bid. stated he thought he could better serve the City of is now serving. rather than in the position of Assistant had talked with several of the councilmen and they agreed. the committee had met and it was a unanimous decision that an Assistant not be appointed at this time. He made this in the form of motion by C. Canada. The vote was six to one. Jerry Mills voted motion. Rem Cha:i.'l"man of the Streets Committee. reported they met with the the Pinehill Drive area concerning the drainage problems. He stated Construction Company had to clean out the creek. at $25. included operator and time. at total cost of approximately Work on the project will start this week. after easements have been each residence whose property could be damaged. This expense will be State Grants. made a motion to erect a "no right turn" sign off Glenroy onto Spring 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 made a motion to erect a "no right turn on red" sign Dunton Street onto Concord Homer Kuhl seconded the motion and the vote was unanimous. he thought list of the meeting. ordinances needed to be amended and he gave amendments he recommended. These will be brought up Mills that the dedication at the new fire station materials tomorrow. in and work on repairs to Fire Station Repairs should be completed within weeks. motion to surplus one 1974 Ford Torino (old police car). the motion and the unanimous. The car will be opened at the next council meeting. March 1. 1976 be approved as prepared and and the vote was unanimous. 390 C. O. Canada made a motion the minutes or March 22~ 1916 be approved as prepared and submitted Homer Kuhl seconded the motion and the vote was unanimous. Homer Kuhl stated we still approximate1y outstanding on the tax books and would recommend 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 and Council of the last administration are also invited to attend. All members said they could attend the meeting. Mayor Bacon requested all councilmen to work with the committees to which they are appointed more specifica1ly. work as a committee and not try to be a committee of one. He also demanded they contact the chairman or 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 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 lO.OS acres at the corner of King Springs Road and South Cobb Drive. for the purpose of building a shopping center. He had a certirication of zoning rrom Cobb County showing this property is presently zoned for a planned center. Jim Tolleson made a motion. seconded Rem Bennett. to table this unti1 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 lO. acres at the corner of King Springs Road and South Cobb Drive. Homer seconded the motion and the vote was 6 to one. Jim Tolleson voted against the motion. E1bert Coalson reported 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 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 Darby to arrange for a police escort for the parade. C. O. Canada made a motion we purchase another trophy case. similar to the one we now have ror $340.00. Homer Kuhl seconded the motion and the vote was unanimous. said this trophy case would be charged to the Parks Department. made several requesta to Cobb County for an additional at Ar School but had been turned down. Re asked the Mayor to ve the State Patrol on Spring periodically. The Mayor stated they on one or two days notice any time he requested. He wants everyone are not setting up a speed trap, only trying to enforce the 40 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 Jerry Mills seconded the motion. Mr. Mills asked Attorney Camp if the 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 ls would not be made to Cobb County Superior Court and he was sure carried the time allotted to Homer asked the if the tapes of the Service Appeals be made available the Grand Jury if the Internal Affairs Report was turned over to them. Attorney Camp they would. Jim Tolleson restated his motion to read that the Internal as well as the tapes from the Civil Service Appeals. be turned over Jury for investigation for possible criminal charges after all appeals exhausted. Jerry Mil1s seconded the motion the vote was unanimous. made a motion we have a public on the self-service motor fuel nce. Jerry Mills seconded the and the vote was unanimous. t for 7 P . Tuesday. April 20. 1976. at 9 50 p ************************************ was held at 7:30 AJ_so present were City Lee Silver. Parks and Inspector. Don Atkinson. Fire Chief. Department and representatives of the press. on April 19. Arthur T. Bacon. E. Camp. Willouise Director. Gene Hoaster. Supervisor of the Water Larry Invocation was given by Rev. Martin of the Spring Street Baptist Church. followed by the Pledge to the Flag. Under citizens repO'rt Attorney Fred Bostick commented on the prO'blems we had had in and suggestedi:O' MayO'r and Council that when anew chief was take definite steps to demand proper discipline and establish and of command through the chief. E. Y. the L & trains were blocking the crossing at Street for as long as or fifty minutes at the time. He asked that we contact & N and have the trains rescheduled. freeing the crossing for traffic. Rev. the Black Christian Nat:ional Church requested a solicitO'rs permit to fO'r the church. Attorney Camp is checking the ord:inance and will BelL a mO'tion to apprO've the application for a transfer O'f the malt wine retail package license for Hand:i-Mart. Inc., 1687 Street to' the new manager. Dav:id Lawrence Mosher. Jerry Mills seconded the mot:Lon and the vote was six to one. Homer Kuhl opposed. the and be the motion the application for the sale of malt Grocery, Concord Road be approved. Homer Kuh1. the number to' nearby residence. Homer Kuhl made a motiO'n this unt:il the distance requirements were checked. Elbert Coalson motion and the vote was six to one. Jim Tolleson opposed. B:ill seconded was subm:itted for a malt beverage and wine retail l:icense for Colpnial Store on South Cobb Drive at K:ing Springs ROad. Bacon if we could :issue a license. pending annexatibninto the city. had a l.etter the Georgia Power COIllpany requesting their be annexed. also the Fulton Bank. who owns the corner property is mail:ing th:is corner be annexed. 11iI1::'Ien both these are annexed. at the corner of Spr:ings Road and South Cobb will be city l_imits. any question as to annexation of this malt and requested is for a Store on this site. Bill a motion . pending the contiguous property being :into the city. the motion. discussion Al Cochran. representing the Bapt:ist Church. the 1egality of issuing a ma1t beverage to annexation building. It was stated this met all. for a malt license. The motion were lIomer made a malt beverage license be Rem Bennett seconded the motion and the vote was unanimous. a motion the for Unc1e Station. C. Kuhl opposed. for a malt beverage Ltd.. Cobb Parkway at O. Canada seconded the motion and the vot:.e upon permits the inspector Gene is recorded: and onto Spring Church reaubm:i tted. Martin plans the addition would building Also they were recommending a flat roof. entrance to not be to the stre~t. but open into the parking Upon the of the building . Elbert Coalson made a motion the permit Bennett seconded mot:ion and the vote was unanimous. 392 S. Logan of 4122 Fawn Lane requested a side yard variance of one (l) 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 Logan 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 the 1914 Ford Torino (surplused police car) were opened. read and are recorded as fol10ws William H. Summer Dennie Stone Geo. D. Greathouse Alvin Fred 662 Rita Street. Marietta l290 Spring Street. Smyrna .00 276.25 5l3. 301. 50 201. 00 83 Chert Road. Marietta 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) It shall be unlawful for any group or individual to obstruct or by depositing leaves. trash. garbage. or any other material within enclosed catch basins. storm sewers. easements or road right of ways. (2) 8-6002-Al It shall be unlawful any streets of the City of traffic or any unsightly condition. This dirt. sand. grave1. mud. or any other foreign the Superintendent of Streets to constitute a for any individual or group to deposit that shall cause an obstacle to shall apply to leaves. trash. materia1. left to the discretion .of nuisance. (3) - Henceforth it shall be unlawful for any group or individual to or 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. 18- of Streets accused condition. B5 Upon violations of the 1. and lS-6002-B4 coming to the accused in date of mailing foregoing ordinsnces numbered the attention of the Superintendent of the condition whereupon the said notice to correct the If the condition has not been corrected within said lO day period, the Superintendent of Streets sha11 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 fine not exceed a sum taken Superintendent Court the minimum fine shall be $25.00 and the maximum to $300. plus the cost any corrective action Streets. C. O. Canada seconded the motion and the vote was unanimous. Rem Bennett made a motion stop sign be erected on Cherrydale Drive at Highview Drive. Elbert Coalson .econded the motion and the vote was unanimous. Bennett made a motion a stop sign be erected on Magnolia Drive at Lake Drive. Elbert seconded the motion and the vote was unanimous. . O. Canada stated the committee studying the Motor Fuel Dispensing pumps ordinance had report date for the public hearing was set for May 4. 1976 at 6: ated the Optimist Club was sponsoring a "Youth Government" program would attend the Council meeting of 3. and meet with all rday morning. 8 1976. He asked all councilmen to participate. hanked Mayor and Council for clearing up some trouble spots in 5. He asked that ordinances made clearer. easier for the layman to understand when proposed. (Continuation of April 19. 1976 Meeting) E. Y. by the be done to and he was looking a bad traffic through to North that problem. He into this. was caused by the private Lake Road. He asked that also stated he had talked with Jones reported thesan:itation department was getting a lot of com- the trucks not getting all the trash. Re asked that all citizens us during the spring cleanup period. (2) C. O. 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.O. Canada stated that city employees from several departments had formed another team and asked who would pay the registration fee. After discussion it was decided this fee would be paid from the General fund. (4) at Girl's Softball Parade will be Saturday, May Drive In at 8::30 A.M. . 1976. beginning (5) The Pony League season begins Saturday morning at :45 A.M. (6) Canada stated the Southeastern Pony League Tournament, thirteen be held at Cobb Park snd we needed to pave the parking area near the all along the side of the fence. C. O. Canada made a motion we put to pave the parking area of Cobb Park. to be opened May 3. 1976. Romer seconded the motion and the vote was unanimous. Canada stated the Hall Annex building needed to be treated for One price of $400.00 the initial treatment and $50. annl.1ally received. C. 0>. Canada made a motion to get two more estimates. Homer Kuhl the motion and the vote was unanimous. (8) Silver reported King Park ball fields would open at 7:00 P.M. (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. (lO) with him. Kuhl stated that if C. O. Canada said the had their budgets ready to get in touch for the Parks department was complete. to the fence erected by . C. Lee across the front Perks on Guthrie . Jerry Mills reported he had talked with he stated he would remove the fence and erect one that meets our Mills. on recommendation of Fire Chief Don Atkinson. made a motion to Cochran as Assistant Fire Chief. Bill Darby seconded the motion vote was unanimous. Mills stated that been worked out. city. and Council met last council was united and and felt all for the better- the read a letter" that acting considered was running Smooth signed by approximately per John Young was doing a good job Chief. to of the and they would T01leson said the creek more of the park seconded by Jerry $499. Vote on the behind Jonquil Park needed to be rerouted in . making it usable. A was made by to have the creek rerouted at a cost not was unanimous. :a:'eported that Dunn and Eddie Bessette are to at the Gainesville Junior College u Meeting adjourned. ~ 1;6~ ARTHUR T. BACON, MAYOR ~d~__--- J S E. TOLLESON, WARD I C. o. CANADA, WARD V G,/i~ I I I I I I <wi u I " --- 394 W~ "1 b~~/ WILLIAM F. DARBY, WARD II ~h./"') HOMER KURL, WARD IV ~~e~~ ~LBERT R. COALSON, WARD VI ______