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05-04-1970 Regular MeetingMAY 4, 1970 r 1 295 Thr regular meeting of Mayor and Council was held pursuant to the Charter in City Hall, Smyrna, Georgia, May 4,1970, at 7:30 o'clock P.M. Mayor Harold L. Smith presided and all Council Members were present. Staff members present: D. Scott Jackson, J.E. David, N. Proctor, W.M. Broyles, C.C. Porterfield, Elmer Wester, Leon Hood and Truett Grogan. Also in attendance were John Irish of the Atlanta Journal, and a representative of the Marietta press and WBIE. City Clerk L.W. Charles absent due to illness. Invocation was given by Councilman Hubert Black of Ward No. 7. Mayor Harold L: Smith noted the first item on the agenda under Citizen Repouts referred to Mr. Pete Mangum who had requested the City purchase an ad in the Cobb County Directory end Guide. The Mayor stated no action had been taken at the present time; however, consideration would be given the request and Mr. Mangum would be notified of the decision at a. later date. Mr. Phagan Durham, 1510 Spring Street, appeared before Council in regard to a citation to appear in Recorder's Court on April 30,1970. As a result of the court citation, Mr. Durham was given one week to move a Welsh pony outside 21J the city limits. Mr. Durham stated he has had the pony for W more than ten years, that the Cobb County Health Department has inspected his property and approved of the horse being U kept on the premises, and also that since the horse was purchased prior to the time the original horse ordinance was adopted, he felt the grandfather clause should apply and he should be allowed to keep the pony on his property. Afte.rifurther discussion, J.C. Porterfield motioned that the citation issued to Mr. Durham be withdrawn, based on past action in this case, and the grandfather clause applyt to this particular horse. The motion was seconded by C.O. Cand.da. The vote was six for the motion; J.P. White opposed. Councilman Marston Tuck introdueed a Mr. East of Ward.No. 1 who stated his son had raised chickens as a 4-H project and recently a neighbor had complained of the odor. Mayor Smith referred the matter to City Attorney for checkout of city ordinance and Mr. Tuck to follow through; -.and -notify Mr. East of decision. Mrs. H.E. Puckett appeared before Council with request for sewerage on Birch Street. J.E. David reported he is working on cost estimates at.this lime and Mayorr•Harold L. Smith stated he hoped money could be set up in the new fiscal budget to cover this expenditure. Mrs. Picklesimer of Birch Street complained of a bad drainage problem caused by the slope of land since Potter & Company and Sexton Tire Company had built their new buildings on South Cobb Drive. This item referred to City Engineer for checkout. Councilman Arthur Bacon reported on underground garbage containers stating the'sanitation committee had studied the system thoroughly and the committee had agreed unanimously that the underground system should be installed. Mr. Bacon further motioned we adopt the underground garbage system contingent upon it being in final approved budget. The motion was seconded by Hubert Black. Councilman J.g. White reported he had mailed out questionnaries regarding the underground system'and fifty-two were against and forty-one for the new system. He also listed several objections to the system and stated he could not vote for it until all financial priorities were established. Mr. Gabel of Roswell Street reported he thought the new system would be one of the best things we could have. Vote on the motion to install the underground system was six to one, J.P. White opposed (Continuation of May 4, 1970 Meeting) Commercial building permits were brought before Council by building inspector Leon Hood as follows: 1. Thomas W. Smith, 1015 Hillsdale Street, request for waiver of one foot from side property line. Affidavit was submitted by adjoining property owner that he had no objection.. Motion by C.O. Canada to approve the variance -was seconded by J.C. Porterfield and voted unanimous. 2. Alterman Bros., renovate Big Apple Store, So. Cobb and Jones Shaw. Name to be changed to Food Gian. Renovatmn involves moving counters and building overhang on front of store for sign. Approved unanimously on motion by J. C. Porterfield, seconded by C.O. Canada. 3. Smyrna Phillips 66Love at Atlanta Street, repair concrete wall and roof area. Approved on motion by Marston Tuck, seconded by J.P. White. The vote was unanimous. 4. Food Giant, So. Cobb and Jones Shaw, replace sign in front of store. Approved unanimously on motion by Marston Tuck, seconded by J.P. White. 5. Restaurant Nest Door, South Cobb Drive, sign above building. Approved unanimously on motion by J.P. White, seconded by J.P. White. Next item on the agenda was opening of sealed bids for new chairs for Council Members as follows: 10 Chairs- Black Mfg. Co. #106-SC Each Total Office Sales and Service $80.00 $800.00 Ivan Allen $89.90 $899.00 Hallmart Office Supply $68.58 $685.80 Hubert Black moved we accept the low bid of Hallmart Office Supply Company in the amount of $685.80 Motion seconded by Homer Kuhl and voted unanimously. Councilman J.P. White reported that two police patrol cars could be purchased from Newnan Motor Company at the same price cars are sold to the State Patrol, $2355.25 each. Marston Tuck motioned we waive the bid procedure of purchasing police cars. The motion was seconded by J. P. White and the vote was unanimous. J.P. White theh motioned that the City purchase two new police cars from the Newnan Motor Company at $2355.25 each with the understanding the Plymouth would be sold after delivery of the new cars. Delivery expected to be within four to six weeks. The motion was seconded by Homem.Kuhl and voted unanimous. Joe Bork of Hensley -Schmidt, Inc. reported some work had been done on a new estimate for the Eastside sewage facility; however, he had no figures to submit at this time. Mayor Harold L. Smith read a letter dated April 30,1970 from Hensley -Schmidt, Inc. listing non-conformance to subdivision regulations on final plat of Unit Four of Green Forest Subdivision, such as, (1) bearing or deflection angles should be shown on interior lot line:;�, (2) drainage easement should also serve as utility easement, (3) drainage and utility easements should be tied in by dimensions to lot lines or lot corners for lots 10 thru 14, (4) location and description of survey monuments or iron pins should be indicated, plus other recommendations. Mayor Harold L. Smith referred above to City Attorney, Building Inspector and J.E. David to work with the developer in making corrections, and report back to Council at next meeting. The modular home ordinance was deferred to next meeting. (Continuation of May 4,1970 Meeting) Councilman Homer Kuhl -reported he had talked to Mr. Parish of the State Highway Department and we should have re- quirements for rights -of -way on Love Street and Concord Road in about two weeks. Mr. Kuhl stated he had redeived a lqbter regarding requirements of rights -of -way on Atlanta Street and motioned that we authorize Hensley -Schmidt, Inc. to start drawing up plats and surveying of the 35 parcels on Atlatna Street from Love to Old Spring at a cost of $3500.00. The motion was seconded by J.P. White and voted unanimously. Concerning other road projects, Mr. Kuhl stated South Cobb Drive has been completed except for the y&llow lines which would require a waiting period of three to four weeks, also there was a possibility the third lane could be extended further south from Hess Service Station to Grant City property. Dredging of Stonecreek from Brookview Apartments to Old Concord Road was the next item discussed. J.E. David reported Mr. Logan had been contacted regarding easement through his property; however, before the county could begin dredging the trees would have to be cleared out. On motion by Hubert Black, seconded by Arthur Bacon, an ex- penditure up to $500 was authorized for cutting down the trees; the cost to be paid from State Grants fund. U Vote on the motion was unanimous. U J.F. David reported the drainage problem, Creatwood and Navaho had been taken care of; correction of the problem with the creek at 3418 and 3422 Creatwood Trail in progress; and the pipe had been installed on Alexander Street. Councilman John C. Porterfield reported another meeting had been scheduled for Saturday, 10:00 A.M., on the employee retirement plan, at which time, a representative of the insurance company would be present to answer any questions; also, in regard to tha Workmen's Compenshtion insurance, the City is covered, premium to be paid upon receipt of bill. City Attorney I.W. Carreker reported: (1) work in progress on letter from Civil Defense Director regarding liability insurance coverage; (2) the petition fbr annexation of land on Pat Mell Road is ready for signatures. Mayor Harold L. Smith will contact John Fowler regarding signing of the petition; (3) the dog leash ordinance in work. The malt beverage application for Mrs. Virgina';, Knight, Old Hickory House, (formerly Hickory Corral) was approved on motion by .Arthur Bacon,'seconded by J.-Z. White. The vote was five to two. Voting for the motion, Arthur Bacon, J.P. White, J.C. Porterfield, C.O. Canada and Marston Tuck. Voting against the motion Homer Kuhl and Hubert Black. Mayor Harold L. Smith reported the defective plumbing in the police station had been corrected. Janitorial service for City Hall, police station, library and Jonquil Room was discussed in Council. On motion by J.P. White, seconded by Marston Tuck, authorization was given for letting of separate bids for above buildings. Vote on the motion was unanimous. Mayor Harold L. Smith named Hubert Black, Chairman, J.P. White and Marston Tuck as a committee to secure the bids for opening June 1, 1970. It was reported by Mayor Smith that the cost of the sidewalks on Reed Road was approximately $19,000. In checking with the county he learned there was $9,000 in the sidewalk bond fund that was allocated to Smyrna that had not been used. This item on agenda for May 5, 1970 Commission meeting and no problem forseen in recovery of the $9,000. J.C. Porterfield reported the safe driving classes for the police department had been completed and classes for the fire department and other drivers would be completed May 12. 298 (Continuation of May 4,1970 Meeting) Mr. Hicks of North American Aerosol Company appeared before Council asking that his company be given a ten day extension to purchase business license due to the owner of the company being out of town for that length of time. Arthur Bacon motioned the extension of ten day be granted. The motion was seconded by Marston Tuck and voted unanimous. In further discussion of delinquent licenses, City Attorney G. W. Carreker stated we can not legally hold up a business license for payment of ad valorem tax. Citations were authors-ked to be issued by the police deparment for business licenses only. On motion by Marston Tuck, seconded by Homer Kuhl, authority was granted to issue'Fi-Fa's for delinquent ad valorem taxes and advertise property for sale. Vote was unanimous. Councilman J.P. White was asked to select one person in the police department to checkion business licenses. s Councilman Hubert Black reported that Allstate Insurance Company did not have a business license and had refused to pay premium tax as set up in the city ordinance., Referred to chairman of the police committee for appropriate action. On motion by Marston Tuck,,seconded by C.O. Canada., and voted unanimously, permission was given for the First United Methodist Church to hold a'rummage sale at Belmont Hills Shopping Center May 9, 1970. Councilman Hubert Black requested budgets for all departments be handed to him at next Council meeting. Councilman Marston Tuck motioned that we purchase the rescue unit for the fire department as per sealed bid received April 6 from the low bidder John Smith Chevrolet in Atlanta. This item to be included in next fiscal budget but must be ordered before May.9. The price $3165.77 with trade in. The motion was seconded by Arthur Bacon and voted unanimously. Councilman Marston Tuck also motioned that Council reverse the decision of April 20, 1970 and purchase the new pick up truck for the parks deparment from Trade City Motor Com- panyrather than John Smith Chevrolet since Trade City would allow $250.00 for trade in of 1951 Ford truck with option that the City of Smyrna oould repurchase the 1951 Ford truck for $220.00, plus the fact the City would have a five year warranty. with Trade City Motor Company. The motion was seconded by Hubert Black. Motion Carried. For the motion Marston Truck, Hubert Black, J.P. White, Arthur Bacon. Voting against the motion, Homer Kuhl and J.C. Porterfield. C.O. Canada abstained. Delivery of the truck to be made after June 1, 1970; however, to be paid from the current budget. In further action, Councilman Marston Tuck, (1) reported the Fire Department answered 54 alarms during April, (2) submitted a letter from Castellaw Funeral Home offering am- bulance service to the City of Smyrna on a no charge basis for standby emergency service, (3) submitted letter from Mr. W.C. Burger, Chairman of the Merit Board, recommending that Lester Dilbeck and Dennie C. Stone be promoted to the rank of lieutenant, effective July 1, 1970. Councilman Marston Tuck motioned that these two men be promoted to the rank of lieutenant, effective July 1, 1970. The motion was seconded by J.P. White and voted unanimous. (4) reported old automobiles, tires and automobile parts at 1380 Roswell Street. Referred to chairman of the police committee. (5)l, requested permission to organize soft ball team comprised of city employees. On Motion By C.O. Canada, seconded by Marston Tuck, this referred to parks and recreation committee with authority to act. Voted unanimous. J.C. Porterfield motioned Sanford Place be made one way effective the day school is out. Motion seconded by C.O. Canada and carried. Councilman Hubert Black brought up old water records at library with reques they be moved or disposed of as library 01 needed the space. The Mayor referred this item to Hubert Black and J.P. White for recommendation. (Continuation of May 4,1970 Meeting) 2 9 9 On Motion by Hubert Black, seconded by J.C. Porterfield, approval was given for any employee of the"City to participate in two weeks military maneuvers, be paid the difference between military pay and regular city pay, and that he not be penalized for vacation time.- The vote was unanimous. Council agreed, on C.O. Canada's regues, to send Wm. Steve Knox to a two-day sewerage school at the University of Georgia with expenses paid, approximate cost $50.00. Meeting adjourned 10:31P.M. Next Meeting May 18,1970. May 18,1970 The mid -month meeting of Mayor and Council was held at City Hall, May 18, 1970, and called to order by presiding officer Mayor Harold L. Smith at 7:30 o'clock P.M. All Council Members were present except Councilman John C. Porterfield and Homer Kuhl. City Clerk L. W. Charles was absent due to illness and J.E. David was on vacation. Others present: D. Scott Jackson, G.W. Carrkere, N. Proctor, Leon Hood, W.L. Westbrook, Truett Grogan, Cliff Drennon, Jim Farley, t1J Joe Bork of Hensley -Schmidt, and a representative of the Marietta Journal and WBIE. V Invocation was by Rev. J.T. McHan of the Sharon Baptist Church. David Conally, representing the owner of Smyrna Springs Apartments, appeared before Council asking permission to place apartment signs on the city right-of-way. Mr. 6nnnally was informed this would b6nin violation of the sign or- dinance and the proper procedure would be for him to get permission from a property owner to place the sign on his property and then make application for a permit at City Hall. A residential business license permit was approved for a one -chair beauty shop at 1129 Powder Springs for Mrs. Gloria Watson. A petition was submitted with signatures from all residents within the required radius stating:; they had no objections. Mrs Watson was informed there would be no on street parking, no signs, and no employees. The permit was approved unanimously on motion by Arthur Bacon, seconded by Marston Tuck. Building Inspector Leon Hood submitted application for Colite Industries, Inc. for a four by fourteen double faced lighted sign for Avco Finance Company located at �552 South Cobb Drive. The application was approved unanimously on motion by Marston Tuck, seconded by J.P. White. Deletion of sale of malt beverage stamps was the next item to be considered by Council City Attorney G. W. Carreker reported the 1964 malt beverageordinance states stamps must nr drvutrly syysvhrf yo rsvh infibifusl vonysinrt snf trbidion og yhr otfinsnvr in 1967_made no mention of deletion of stamps, and further that all rules, ordinances and regulations of said city not in conflict with this ordinance, shall be and remain in full force and effect. Councilman J.P. White reported one malt beverage application for Johnny Reb Food Store, Cherokee Road, Was being processed; application of T.C. Stanford of Pizza Inn withdrawn and another application submitted; application for Smyrna Recreation Center withdrawn. Securance of bids for tires for city vehicles was deferred pending completion of compiling necessary information; however, in the meantime, it was recommended that three prices be obtained for the purchase Sf all tires. -