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06-21-1971 Regular Meeting(Confihuation of June 7, 1971 Meeting) Mr. Williams gave the -following proposals ,J .. 1. To I-75, then north to popular Creek $59 000, J j }J 2. From the corner of Burson property, nortW-on #41 $501000. 3. Pump up #41'and to present system `$44 000. (Would' need approval of State Water Quality Control Boa rd )" Mayor Smith stated•another possibility would be for the City to receive approval ofl-a temporary plant, provided there is enough water in Popular Creek. Mayor Smith stated he preferred using the existing lines under #41, and that the Kassuba properties are now being engineered for a large line. Annexation of several properties along Hwy.-141 was -also discussed. This item was referred to the sewerage committee. -Mr. Canada stated a meeting would be called within the next few days. . ' , Meeting adjourned 9:45 P.M.,, � J �• J JUNE 2.1, 1971 s The regularly scheduled mid -month meeting of.Mayor and Council was held at City Hall, Smyrna, Georgia, June 21, 1971, at 7:30 P.M. Mayor Harold L. Smith presided and all Councilmen were present. Also present were L. W. ,Charles, City Clerk, G. W. Carreker,, City Attorney J. E. David, Supt. Public Works, N. Proctor, Donald Atkinson, Asst. Fire Chief,,,Building Inspector Leon Hood, Di,ck.Williams and Joe Sims of Mayes; Sudderth and Etheredge, and.•a representative of the Marietta Journal and WBIE. ScotoJackson wa.s seated at the meeting at 9:15 P.M. Invocation •was given by, Councilman Homer Kuhl and- Councilman , J. P. White led the Pledge to the Flag. f No citizens appeared with problems to be brought, before Council. In the first order of business, Mr. Bill Alexander reported on appraisals and negotiations,made with residents of;the_.Concord- Love street area. Mr."Alexander reported out of the forty parcels given to him, seven had signed, 17 would go to condemnation, and of the remaining 16, some contacts had been made.,,,Mr. Alexander also stated some of the residents did not think they were being offered enough money and others questioned whether the City owned a forty foot right-of-way. Mr. Alexander was of the Opinion there may be as many as 30 condemnations. Hearing on the zoning of the Bessie M. Bivins property„, Hargrove Road, Land Lot 847, from R-1 to C-1, was next on the agenda. Mr. Hugh Dobbins represented.the petitioner. Mr. Jim Black of Southern Bell stated the building,would house long distance operations for the area and approx*imately 9? people would be employed initially, 172 within two years -and 22.5 maximum, There was no opposition to the rezoning. On motion by Hubert Black the property was '"rezoned from R-1 to C-1 as advertised. The motion,.was seconded by Marston Tuck and votedon" the motion was unanimous. A request for hearing on the zoning of the Geneva.,Arnold property, Atlanta Road. from R-1 •to C-.1, was withdrawn by` Mr. Hugh Dobbins, representing the petitioner. At the request of Mr. C. H. Allen, Jr., a hearing -was held on an appeal from Recorderfs Court decision of May 20, 1971, ,violation of the dog leash law. Mr. Allen questioned sections of the Animal Control Ordinance and stated,he did not enter a plea of,"Not Guilty" as shown on the police F record. Mr. Mike Fortini, Mrs. ortini and (CONTINUATION OF JUNE 21, 1971 MEETING) Mrs. Brown appeared as witnesses that Mr. Allen's„dog had twice been in the Fortini yard on May 11, 1971. After discussion as to the intent and interpretation of certain sections'oP the Animal Control Ordinance', J. P. White motioned the plea of "Guilty" be reversed and the fine. assessed be reimbursed° to, Mr. Allen. The motion was seconded- by, J. ,C. Porterfield.' ,,The. vote. fora the motion: J. P. White, J. C. Porterfield, Homer Kuhl, ,,C. 0.,, Canada and Arthur T. Bacon; opposed, Marston Tuck; abstained, Hubert Black. Mr. J. C. George appeared, before C.ouncil in'. regard to assessment on. his property, 2575 Highland Avenue, for street` improvements made in 1961 and sewer tap -on made.'in June 1962. The cost;of the street improvement was" $105.00 and the sewage tap -on was '$200.00. Mr. George paid one/fifth of the charge $61.00, and signed; four notes of $61.00 each for the balance payable June 15, 1963, 1964,,1965, and 1966. Mr. George stated that he was under the impression the notes were satisfied since he had to go to the additional expense of replacing all of his plumbing. J. C. Porterfield asked Mr. George if Council waived the interest in the amount of $42-70 if he would be agreeable to pay the balance or principal, amounting to'$244• �Mr. George LM agreed. On motion by J. C. Porterfield, Council waived the interest dt charge of $42.70„with the,understanding Mr. George would pay the M balance of $244..00, The motion was seconded•by Homer•Kuhl, Vote on the motion was unanimous. - The hearing was continued from the meeting. of June 7, 1971 on the proposed rezoning of., property located in Land Lot,594., Spring Road, from "C" to C-1, requested -,by Central•Electric Products. The hearing was continued from the previous meeting; in order that new plans showing relocation of the building and a change in set backs could be submitted. In submitting -the new plans, Mr. Stallman of Central Electric•Products,_,requested a waiver,, in set' backs kto three feet on the west and north sides - of the property and,fifteen feet on the Anderson Circle side. -Mr. W. J. Adams, was,.spokesman" for. approximately eight citizens from the Anderson Circle area who opposed the rezoning. It was the opinion of some members of Council that this great a wdiver would be setting a•.precedent.. After further discussion, J. C. Porterfield motioned the request for rezoning be denied. The motion was seconded by Marston Tuck.. Voting for the motion: J. C. Porterfield, Marston Tuck, C. 0. Canada, Homer Kuhl, and J,pP. White; opposed Hubert Black, abstained, Arthur T. Bacon. Four sealed bids on the sewer facilities to the skating rink on Smyrna Hills Road•'were"opened in Council and recorded as follows: W. P. Lord, Smyrna, Georgia $j7,018.00 J. E. Lovern,`Smyrna, Georgia ,6,929.00 Reeves Ditch & Contra'eting, Co., Chamblee 14,230.00 L. E. Owens, Powder Springs, Ga. 7,580.30 Arthur T. Bacon motioned the bids be referred ,�to J. E: David for checkout to specifications with authority to issue P. O., with the stipulation two-thirds'of the cost would be paid•by the developer and one-third by the City, C.O. Canada seconded the motion. The vote was unanimous.` Commercial build,ing permits were submitted by Building Inspector Leon Hood and upon -his recommendations the following action is recorded: 1. Kassuba Realty Corp:, Hertiage Trace Phase-#3, Apartments and Town Houses (289 units) -same construction as present Phase #2. Mr. Hood stated the,builder had agreed tp.include two exits in each apartment in accordance with the City ordinances.,•Sewage to the apartment complex was'discussed. Mr. Weeks stated the apartments would be ready for rental in six months. J. E., David stated the proposd change in the lift station (impellor) would.,be-,sufficient to handle Phase #2.. Mayor Harold L.,Smith stated temporary facilities should be completed by January 1; 1972 which would take care of Phase #3. On motion by Marston Tuck, seconded by Homer Kuhl, -the permit was approved for the additional 289 units. The vote was unanimous. 2. Belmont Bowling Lanes, request to change a -sign. Approved on motion by C. 0. Canada, seconded by Arthur T. Bacon, and -voted unanimously. In discussion of the Dog Control Ordinance,'and the'difficulties of 39 '(CONTINUA"TION OF JUKE 21, 1971 MEETING) enforcing such an o'rfdinance* without either a dog catcher or facilities to house or dispose of dogs once caught-; Councilman J J. P. White moved the'ordinance be repealed. The, motion died for lack of a second. `Mayor Haorld L. Smith §tated he-'raas in favor of repealing the ordinance, however, the majority'of Council were of the opinion to retain the ordinance'pending assistance and agreement by Cobb County Commissioners, ' City Attorney G..W. Carreker[ruled that Council had the authority to require, the owner, o.f the 'Pet-A-Torium to appear before Mayor and Council to show ''cause why her' license should hot be' revoked. Marston Tuck motioned'that a' letter be written to Miss Dunlap to appear before'Council at'the July 6, 1971 meeting, the letter to be delivered by a police officer and handed to Miss Dunlap. The motion was, seconded' by Homer Kuhl. The vote, on floe motion was unanimous. r Bids on three riew doors for,the Fire Department were opened and referred to Marston,,Tuck, for study and recommendationsr at the end of the meeting. ; • r Mr. Joe Sims of Mayes-, Sudderth and Ethere'dge stated he had picked up the Atlanta Street widening plans from the State Highway Depart- ment last week and they were in the same condition as they were last December. Marston Tuck motioned,that Mayor.Harold Smith Write a letter to th`e county requesting action on the plans immediately, and upon reply -from the county, the matter be turned over to the engineering frim,in order to get the project started -as soon as possible. ' , Councilman C. O..Canada reported that all work had been,completed on the Birch Street project. Mayor Harold L. Smith requested City Clerk, L. W. Charles, to`wr.ite a letter to all property owners on Birch Street stating -the length of time they have -to tap on to City sewerage. Mr. Joe S1ms of Mayes,, Sudderth and Etheredge stated that working through J. E. David, -there would be a minimum of'engineering required on the radlus'onNorth Cooper Lake Road at Highview Dr. The estimated cost was $200.00. No acquisition of rights*of-way necessary. Availability ofsewage:facilities to the Burson property - was discussed. Mayor Harold Smith'stated he'would contact'tbe State Water Quality Control Board this week in regard to approval of temporary facilities and the matter would be further discussed at the special budget meeting called for Monday rnight, June 28, J971.1i Councilman J. P. White submitted a report recommending several changes in the malt beverage ordinance. The report was referred to the malt beverage license committee, Arthur T. Bacon, Chairman, for study and report back; at'' July 6.;, 1971 meeting. Mayor Harold Smith requested City Attorney G. W.'Carreker to obtain a direct ruling from Secretary of State Ben W:'Fortson, Jr., in regard to opening and closing dated for candidates to.qualify for office in municipal elections, and report -back at July 6, 1971 meetthg. a Councilman J. C. Porterfield stated that primarily the discussion at the Cobb County Municipal Association meeting was -'in regard to the display for the convention at Jekyell Island in Jujk. Mr. Porterfield requested that any reservations not needed be reported to-Mr.-R. E.' Long of Powder Springs. Councilman J. P.-White handed out a written report 'in regard to the janitorial service and asked'that it be referred to a committee for study and recommendations, Mayor Harold Smith named Homer Kuhl as -chairman of the'committee', to work withtD. S. Jackson of City Hall, Lt. John -Young 'of the"Police Department, and Mrs. Kathryn Jones of the Library; " It was reported , that 'the Southern Bell franchise would"be three " percent, approximately $30','000:00 in revenue.-, according to an tst'mate o grotss sgle obtained from Bill Byrum of Southern Bell. . 4*. Char e s ate t eat he had received 'a copy -of a model ordinance (CONTINUATION OF JUNE 21, 1971 MEETING) allowing for collection of the franchise fee,byl,Smy�naewhichewb�ild haven.t8-,::.bbc&,qopted by Mayor and Council before July 1st in order to collect a full four quarters in the next budget year. Consideration of this ordinance was deferred until Monday, June 28, 1971, a called Council meeting. L J. C. Porterfield'•reported July 26, 1971 as the.date the first water bills would be made on the computer. A request by Cobb County Water System to purchase water, metered on site, at a wholesale rate, which would be sold by them at a.retail rate to the Grant City complex, was denied. It was agreed by all present that we would sergitte Grant City as a retail water customer if requested. In regard to a letter signed by Charles Theo and Emily Panos protesting the evaluation placed on lots #3 and #5, Old Concord Road, evidence submitted and reviewed by Mayor and Council. It was unanimously agreed that the current evaluation was proper and would be upheld by Mayor and Council. It was also brought out that proper procedures for protesting tax evaluations for the year 1971 were not followed in tl� this case. Upon motion by-C. 0. Canada, seconded by Marston Tuck, d� and voted unanimously, a letter is to be drafted to complainants stating the above. C") A request by Munford., Inc.,=and Trust Investment and Development Co., Inc., to annex -`into `the corporate limits of thb"-'City of Smyrna , Two parcels of land on the southeast side of Benson,Pbole Road, was brought before Couricil. On motion `by Arthur T. Bacon; -',seconded by C. 0. Canada the properties were annexed into the corporate limits of Smyrna . Vote on the motion was unanimous. A request by G. Robert Howard to rezone the above annexed property at 2381 Benson Poole Road from Cobb County DistrictC to C-1 City of Smyrna was the next At'e2 , for Council consideration. On motion by Marston Tuck, seconded by Arthur T. Bacon, July 6, 1971 was the date called out for the zoning hearing. The vote was six to one; J. C. Porterfield opposed. On motion by J. C. Porterfield, seconded by Hubert Black, Perry and Pate were approved to audit the City Books of record for the year 1970-71. Vote on the motion was unanimous. L" On motion by J. C. Porterfield, seconded by J. P. White May 3 and 17, 1971 mlmutes were approved as submitted. The vote was unanimous. Councilman Arthur T. Bacon reported that Mr. Joe Hunt from Rome, Georgia, would contact him this week in regard to setting up a meeting on the proposed land -fill project. The date set for hearing on re -submitting zoning requests was called out as July 6, 1971. Councilman Hubert Black stated all budgets were in and a copy would be available for each Councilman by Thurda,y of- tY is week. Mayor Harold Smith stated there would be an informal meeting Saturday morning for discussion, and making changes if necessary, before final approval Monday night, June 28, 1971. Councilman Marston Tuck reported the control box for the P.A. system and siren on the police caretotaled several weeks ago was missing and a replacement would be approximately $137,00. The expenditure was approved. Councilman Marston Tuck -motioned that the low bid received from Overhead Door Company of Atlanta, Inc., in the amount of $2770.00 for the new doors at the fire station, and the bid from Daniel Electric Company for relocating three light fixture's in the amount of $195.00 be approved, less Georgia sales tax. The•motion*was seconded by Arthur T. Bacon and voted unanimously. Orie oth'e'r bid on the doors was received from Baker -Aldo -Francis Company of Hialeah, Florida in the amount ,6f $3,050, no wiring included., plus 'Georgia sales tax. On motion by Marston Tuck, seconded by J. C. =Porterfield, approval was granted to purchase various playground -equipment for the parks from Warren P. Miller, $1275.30, Standard Playground Equipment, Q9 ' (CONTINUATION OF ,DUNE 21, 1971 MEETING) . $890.80, and Hunber-Knepshield, $609.00. Vote on.the,motion was unanimous. _. Councilman Homer Kuhl motioned that the treasury bills totaling $335,000.00 maturing at the Bank of Smyrna Thrugday, June 21�, 1971, be rolled over at 4.94 percent to mature December 23, 1971,: Motion seconded by J,;u P. White and voted unanimously. J i •J Meeting adjourned 11:00 P. M. Called meeting, Monday, June 28, 1971. J imam 28, 19711 A called meeting of Mayor and Council was held in City Hall, Smyrna, Georgia, dt 7:00 o1cl6ck P.M., June 28, 1971, for'the purpose of approving the budgets for'the fiscal year•'1971-72, All Council Members were present�^.except C.Q. Canada of' Wbxrd #5- and. J. P. White of Ward #2. Invocation was given by Councilman Hubert Black. Finance Chairman�Hube'rt Black called out tYie total' amount of each d.ppartment budget as follows: ` 1971-72 Budgets Administrative $ 186.0519.42 J u Garage 76,967.60 j Library _ ' 41,956.08 Maintenance 48,032,44 Civil Defense_ 16,884..36 Streets 112,817.84 Police 271,712.86 Fire _ 2.01,183.44 77 • �_ Sanitation 194,368.20 Sewerage Treatment 51,574.76 Parks 91, 566.14 v $i;294.,383.14 Water ' $ '351,573.04 The new pay scale for the police and fire departments was discussed. Councilman Homer Kuhl stated `that'he was'not entirely satisfied with the amount of the budgets and the amount of some... of the raises, and was not sure this was the solution to some of our problems; however, Mr. Kuhl further stated ' he was` for the up -grading of the positions and'the personnel if we can get the job done. Mr Kuhl was of the opinion that during the.next few months a close contact should be maintained with these departments to see that the proper job is done for the fnoney-being paid out, Mayor Harold Smith stated he had already discussed this matter with Lt. Young and a meeting'of'Mayor and Council with each department would be held telling them what will be expected_'of the two departments.