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07-06-1971 Regular MeetingARTHUR T. BACON, COUNCI Y. 3 C.O. CANADA, OUNCIL N WARD 9, 44CK, CO=ILMAN 14TARD-7-- r ' 1 1 � I ' -CITY _GLETK • VVV ). O [ Cr (t j 7 J. F. WHITE,COUEGILMAN WARD7— HOVERi CJA . D�:6 JULY 6, 1971 r Pursuant to the Charter; a(regula,r meeting of -Mayor and',Council, City of Smyrna, was held at City Hall, Smyrna, Georgia, on July 6, i'71•. The meeting was called to order at 7:30 o'clock P.M. by presiding officer Mayor Harold L. Smith. All Councilmen were..present. Also present: City Clerk L. W. Charles, City Attorney G. W. Carreker•, Tax Assessor D. Scott Jackson, Public Works Supt. J. E. David, N. Proctor,[ George Hardy of Mayes, Sudderth and Etheredge, and a representative of the Marietta Journal and WBIE. Invocation was by Councilman Hubert Black. - In the first order of business, Attorney Charles Cole, rep,resen,ting Miss Nancy Dunlap, operator of .the-"Pet-A-Torium", located at 2670 South Cobb Drive, stated he thought complaints in regard to dogs being kePt overnight on the premises and being a nuisance to residents in the area.; was mostly due to a misunderstanding between the former owner and Miss Dunlap as to the type business permitted under the business license issued by the City,. -A-peti.tion signed by approximately 150 people favoring the continued opera^tion,by Mi;ssaDunlap,(and —` an..agreement as to how the-bus'knes5ould.be conducted i•n the future, were Isubmtt-ted to Council _,__Lt.>tvas the. consensu�sr,of, Mayor'. and Council 4 that- if M-i ss) Y Dun1'ap operates the . bus i ness':as ca_l 1'ed out_ in the agreement , there would ' be, no cause for complaints® The agreement called out the following: (1) Grooming services (which include bathing, clipping and general grooming of animals belonging to others); (2) Sale of pet supplies (whi-ch would include any items involved in the care, maintenance and feeding of petsl; (31t,,.Sale of those dogs belonging to.said Owner, including the puppies -of said dogs; but that said Owner would limit adult dogs permanently on the premises to not more than 10; (4) Stud services, but no female dogs belonging to,others would be kept on said premises overnight; (5) No boarding of dogs on a commercial basis; however, dogs to be groomed may, for convenience, be kept on the premises overnight; (6) Dogs would be allowed only in front of the said premises. ZONING HEARINGS Action on five zoning hearings is recorded as follows: 1. The Paul Champion property located on Roswell Road, Land Lot 634, was rezoned from county district C to R-2 City of Smyrna. There was no opposition to the rezoning. On motion by Councilman Homer Kuhl the property was rezoned as advertised. The motion was seconded by Hubert Black. The vote was six to one, (Continuation of July 6, i 1971 Meeting) Marston Tuck opposed. 2. The H. R. Harris property located on Roswell Road, Land Lot 634, approximately three acres, from R-1 residential to C-1 commercial was rezoned as requested on motion by Hubert Black, seconded by,Arthur T. Bacon. The vote was six to -one, J.C. Porterfield opposed. 3. The Jones and Davis property, Woodruff Drive, was rezoned from R-1 to R-2 multiple family. Mr. Ray Newton represented the petitioners and stated he planned to build apartments similar to Chateaux De Ville but had no definite plans at this time. Councilman Homer Kuhl motioned the property be rezoned as advertised. C. 0. Canada seconded the motion. The vote was five to two: Marston Tuck opposed, Arthur T. Bacon, abstained. 4. Mr. C. L. Young requested property on Powder Springs Street be rezoned from R-1 to C-1. Mr. Young stated he planned to build doctors or dentists offices. Mayor Harold Smith stated that since the adjoining property on one side was zoned R-2, apartments, and the property on the other side was zoned R-1 residential, a C-1 zoning would be considered "spot zoning" which was not the practice of Council. Councilman Homer Kuhl motioned the zoning be denied. Marston -Tuck seconded the motion. The vote was six to one, J. P: White opposed: 5. Bob Howard requested property on Benson Poole Road (Johnny Reb)Store) be rezoned from District C county to C-1 commercial. On motion by Marston Tuck, seconded by Hubert Black, the rezoning as advertised was approved:,on unanii::,mous vote. Commercial building permits were submitted by Building Inspector Leon Hood and upon his recommendations the following action is recorded: 1. Request for a sign at the Tenneco Food Store, Hargrove and 4-Lane: Marston Tuck motioned the sign be approved. The motion was seconded by J. C. Porterfield. There was some question in regard to the proper set back; therefore the motion and second-webe withdrawn pending checkout of set back be Leon -Hood with the State Highway Department. 2.Dr. Emil-V. Spellman, 2362 Atlanta Road enclose porch, underpin house, paint, rewire, and repair for'medical offices. Approved unanimously on motion by J. C. Por- terfield, seconded by C. 0. Canada. 3.,err Manufacturing Company'(burned)7-4-71), reques't for trailer permit for office use during renovations, and permit for repairing building. Marston Tuck motioned the building permit for repairs be approved and the trailer permit be granted on ar.temporary basis, restricted to office use only, with -a limitation of six months. The motion was seconded by J. C. Porterfield and voted unanimously. There was no report on the Concord -Love project. Mayor Harold L.,Smith reported -that Commissioner Ernest Barrett and Joe Sims were confident the county does have one person capable,of drawing plans for -Atlanta Street; however, Ut had not -been determined whether this person has sufficient time to draw up the plans. Mr. George Hardy of Mayes, Sudderth and Etheredge reported plans for the Cooper Lake- Highview Drive radius were in the process of being drawn up and should-be,completed this week. " Mr. Hardy also stated the plans for the sewer facility to the South Cobb Roller Rink, Smyrna Hills Road, should be completed this week: Mayor Harold Smith, reporting on sewage to the Burson Property, stated"that Mayes, Sudderth and Etheredge are working -on a number of -possibilities; however, we are still faced with the problem of what to do with the Burson property sewage. In addition to proposals submitted at a prior meeting, Mr. Hardy stated one possibility was to run the sewage from -the Burson -property to the Popular -'Creek interceptor`by gravity; this line.would serve basically the -Burson property only. Another possibility would be to run a line to Popular Creek, also by gravity, that would serve a larger portion of the area, however, this would mean cutting through about thirty feet of large rocks and, -would be very expensive. --A third possibility would be boring under-1=75 rather than tunneling under it, which would--be-less expensive and there would be a possibility of obtaining some -federal -funds on this line.., `Mayor Harold Smith -read a letter from Bob-Sutton-:F.egarding the temporary plant. Mr. Sutton stated they are now ready for the City's money for participating in the (Continuat.i:on'of July 6, 1971 Meeting) temporary plant. The amount was called out as $169,400, based on 385,000 gallons, at 44 cents per gallon. Councilman Arthur T. Bacon stated he had talked with Joe Hunt today and Mr. Hunt agreed to come to Smyrna Thursda.y, July 8, for a meeting at 12:15 at City Hall. Mr. Bacon invited Mayor Harold Smith, L. W. Charles, Vic Broyles, C. 0. Canada, J. E. David, Hubert Black, Pete Fowler, Bob McDuff and Mr. Heath of the Cobb County Health Department, to the meeting. Mr. Bacon proposed a visit by all to the City dump for discussion and recommendations in regard to a land fill proposal. -•. o A public hearing was held to consider amending the zoning ordinance to provice a twel twelve months waiting period instead of six months before resubmitting a request for, zoning. A reversionary clause to be included in the ordinance and used at the discre- tion of Mayor and Council was also discussed; however, City Attorney G. W. Carreker stated in -his opinion this would get -too involved and -the general law would litigate against this. No action was taken on -the reversionary clause. Councilman Hubert Black motioned the time span between resubmitting zonings be changed from six months to twelve months. The motion was seconded by Marston Tuck. The motion lost three to four. For the motion, Hubert.Black, Marston Tuck and Homer Kuhl. Voting against the motion, C. 0. Canada, Arthur T. Bacon, J. P.c­White and J. C. Porterfield. Arthur T. Bacon recommended that Council have authority to waive the distance of 200 feet from a residence,;: as presently called out in the malt beverage ordinance, Section #7, if the residents do not-obj6ct to a malt beverage license being issued; and also to change the present procedure of revoking a malt beverage license. Public hearing to approve issuance of a license and/or revocation of a license was also discussed. Arthur,T. Bacon stated he would obtain a copy of the county ordinance and the City of Marietta ordinance for each Council Member for review, and recommended changes could be made at the next meeting. City Attorney,-G. W: Carreker submittedcopy of letter from Mr. Ben Fortson, Jr., Secretary of State, in regard to opening and closing dates in a Municipal General Election. -The letter stated the dates must fall between the fifteen and forty-five days provided in Section 34A-901 (a) of the Georgia Municipal Election Code. Mr. For son's letter further stated,that if the city charter specifies that the qualifying of candidates must be closed at least forty-five days prior to an election, then Coun 4 should -pass ari ordinance^to correct this. The opening date of candidates to qualify could not be more than forty-five days prior'to the election and the closing date could be set by charter but could not be less than fifteen. On the recommendation of Mayor Harold Smith, Councilman Marston Tuck motioned the opening Idate for qualifying of candi- dates -be set.for September 22 and the closing date October 1. J. Pv White seconded the motion. The -vote was unanimous. On motion by J. Pv White, seconded by Arthur T. Bacon, -the City Attorney was asked to draw up the change for Mayor and Council setting the dates within the state law. The vote was unanimous%i Committee chairman Homer Kuhl stated it was the unanimous recommendation of 'the' committee that the S & S Janitorial Service be given a 30 .day written notice of cancellation of contract. Mr. Kuhl further stated that he had discussed the matter with department heads and learned that certain employees were capable, and could be made available, - to wax the Police Department, Library and City Hall floors every 90 days, and that personnel within the departments would help -with other clean up. Mr. Kuhl motioned that the S & S Janitorial Service be given a thirty day written notice of termination of contract. The motion was seconded by C. 0. Canada. The vote was five for the motion: - Homer Kuhl, Hubert Black, C. 0. Canada, Arthur T. Bacon and J. C. Porterfield. J. P. White and'Marston Tuck opposed the motion. Action on ordinance, Southern Bell 0%) franchise was deferred to the next meeting. Marston Tuck amended the June 28, 1971 minutes to include, after salary scale, "ex- cept those employees whose service anniversary falls on the first day of the month at which time scheduled raise will, be effective". (see minutes. 6728-71) The motion was seconded by Arthur T. Bacon. The vote was six to one, J.-P. White abstained. On motion by J. C. Porterfield, seconded by Marston Tuck, the minutes of June 7, 21, & L 28, 197:1„ were approved as amended. The vote was unanimous. In other action: Councilman J. P. White motioned that Mayor Pro-Tem J. C. Porterfield be authorized to sign checks in the absence of Mayor Smith and Finance Chairman Hubert Black. The mo- ti;on was seconded by Homer Kuhl and voted unanimously. . . Councilman J. P. White also motioned that May and June checks for S & S Janitorial be released. Mayor Smith stated this would be done now that the matter of'the' contract had been settled. r i. kContinuation of July 6 „1971 Meeting) Councilman Hubert Black reported the Codification of Ordinances was ready for review before final approval. Mr. Black further stated he would obtain a copy for each councilman and the Mayor, which would leave a balance of 42 due in final form. ,t Councilman C. 0. Canada stated that Homer Pittman, coach of baseball for fifteen or twenty years is now in the Veterans Hospital with a tumor of the brain, and requested in the form of a motion that Mayor and Council proclaim July 14, 1971 as,'"Homer Pittman Baseball Day" at Ward Park with the permission to request donations. Homer Kuhl seconded the motion and the vote was unanimous. Councilman J. C. Porterfield reported that due to a conflict with vacation, he would not attend —the G.M.A. Convention July 11. J. C. Porterfield requested in the form of a motion that Sanford Road be closed, and permission granted "to charge admission, July3, 6, and 7 for the tournaments, and also the week of July 19 for the district tournament games. The motion was seconded byjAomer Kuhl and voted unanimously. Marston Tuck motioned that sealed bids be requested for opening August 2, 1971 for Lo construction of two tennis.courts at Jonquil Park. Motion seconded by Hubert Black Itt and voted unanimously. 2tJ LJ4 Councilman C. 0. Canada motioned ,that bids be secured on a new truck for the sewerage treatment department, the bids to be opened August 2, 1971 meeting. Motion seconded by Arthur T. Bacon and voted unanimously. On motion by Marston Tuck, Mayes, Suddereth and Etherdge were authorized to prepare one overlay showing a baseball and football field, on property on Powder Springs Street. The motion was seconded by J. C. Porterfield and voted unanimously. Councilman Marston Tuck had several recommendations from the Police Department that were referred to the police committee. Mr. Tuck stated, however,n,he would like to delete one of the items and bring it before Council at this meeting. Mr. Tuck - motioned that Council declare the positions in the police department open'and C ready for up -grading of personnel on the dates listed below: 1 Capt., effective August 1, 1971, 4 Lts., effective October 1, 1971, and F 4 Sgts. effective December 1, 1971. The motion was seconded by Arthur T. Bacon and voted unanimously. Councilman Hubert Black reported 18,200 books in the library-, with a circulation in June of 6,459. Mayor Harold Smith read a letter from Mr. Charles Theo and Emily Panos further protesting tax assessment on lots #3 and #5 Old Concord Road. Enclosed with the letter was a check for $20.00 as partial payment of taxes. Mayor Smith requested City Clerk L. W. Charles to return the check and state that the full amount must be ppid. Meeting adjourned 10:20 P.M. ijVJ1'1M L. SM ` H , MAYOR MARSTON TUCK, COUNCILMAN WARD 1 ARTHUR T. BACON, COUNCILMAN WARD 3 L. W. CHARLES, CITY CLERK J. P.. WHITE, COUNCILMAN WARD 2 HOMER KUHL, COUNC LMAN WARD ?J&.C. PORTEWVIELO, COUNCILMAN WARD 6 HUBERT BLACK, COUNCILMAN WARD 7 - tl yi