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08-03-1970 Regular Meeting317 1 AUGUST 3, 1970 r � The regular meeting of Mayor and Council was held.pursuant to the Charter of City Hall, Smyrna, Georgia, August 3, 1970 at 7:30 a'clock P. M. Mayor Harold L. Smith presided and all Councilmen were present. Also present were City'C1erk.L. W. Charles, City Attorney, G. W. Carreker, J. E. David, V. M. Broyles, Leon Hood, C. C. Porterfield, N. Proctor, and a representative of the Marietta Journal, Atlanta Journal and WBIE. Tax Assessor D. Scott Jackson was absent. Invocation was by City Attorney G. W. Carreker. Fire Department Chief C. C. Porterfield presented a check in the amount of $100.00 to Mayor Harold L. Smith. The check was awarded the Smyrna Fire Department for having won first place in the 4th of July Parade. Hearing on the rezoning of the Coker property on Hargrove Road, from R-lAA Cobb County, to District C-1 local Commercial area, was next on the agenda. Mr. Bob Beverly and Mr. Neal Judd, President of Millbrook.Corporatinn, were present to answer any questions concerning the rezoning. Usage of the land was discussed. Mr. Judd stated he did not have definite plans for the parcel of land at this time; however, the highest value under C-1 would be applied in 11J the development program. On mation by Arthur Bacon, seconded by J. P. White the land was rezoned from R-lAA to C-1, with the stipulation that service stations would be excluddd . The vote was unanimous. W U The next zoning hearing was on the Reece property, located at 1060 Concord Road, from R-1 residential to District C. There was no opposition to the rezoning. On motion by Homer Kuhl, seconded by J. C. Porterfield, the Reece property was rezoned -as advertised from R-1 to District C. The vote was unanimous. Motion by J. C. Porterfield, seconded by Hubert Black, set September 8, 1970 as the date for public hearing on request to change zoning of the Gerald Reed property, located at 470 Concord Road, from R-1 to -District C Commercial. The motion was unanimously approved.by vo�,e. 14x?_Aubrey Verser appeared before Council with a request for a residential permit for a day care nursery on Lot #68, Church Street, Mr. Verser submitted a petition signed by ten residents -in the immediate area of -Lot #68 stating they had no objections to the day nursery. The permit was approved unanimously. on motion by J. C. Porterfield, seconded by C. 0. Canada. Commercial building -permits were submitted by building inspector Leon Hood and upon his recommendations, the following action is recorded: (1) Building for a day care nursery Lot #68 on Church Street. After looking over the building plans, Mr. Verser was advised to -revise the plans to conform more to a residential structure, rather than commercial, and resubmit to the building -inspector -for approval. _ (2) Salt's Fish and.Chips, Inc., restaurant., 1005 Cherokee.Rd., Council questioned approval of the permit due to the proposed Cherokee Road extension. Mr. Gino and Mr. Walsey stated they had talked with officials at the State Highway Department and had been informed the maximum number of feet from the railroad needed for the proposed extension would be 850 feet and the proposed location of the Fish and_Chips..building would.be 926..feet from the railroad. On motion by Hubert Black, seconded by J. C. Porterfield, approval was granted.to issue the permit. The vote was unanimous. In further discussion, the motion was amended by J. C. Porterfield to approve the permit subject to checkout with the State Highway Department regarding a.retaining wall and access to existing structures. Amendment to motion seconded by Marston Tuck. The vote was unanimous. (3). J. S.,Burnette & Company, requested a permit to finish the shopping center at Zayre's of Georgia. _The new enclosure would house a Sports Shop and Tapes Unlimited Shop. On motion by J. C. Porterfield, seconded by Marston Tuck, the permit was approved on unanimous vote. (4) Request by Sign Maintenance Company -to install -one 7' x 7' lighted sign on top of 11' high existing pole at southwest corner of Love and Atlanta streets for Cities Service Oil Company. Motion for approval by Marston Tuck, seconded by Hubert Black, and voted unanimously._ _ (5) Sign, Top Value, 8' x 12', oh 25' pole, at Enco Station, Atlanta and Spring. It was determined the address should have been Spring and Elmwood which is out- side the City. Motion by J. P. White, seconded by Marston Tuck, to approve the sign was withdrawn. i. _ _ (6) Permit for "Bentley for Governor" banner to be placed on old post office building. It was the consensus of Council that no per mit was required. (7) Request for permit for political sign "Langford -for Commissioner" to be placed'on-private property, Spring and Atlanta Street. An excerpt from the sign Ordinance was read by Mayor Harold L. Smith, also an excerpt from the 1961 Comprehensive Zoning Ordinance was read by Councilman Kuhl. A motion was 31. (Continuation of August 3, 1970 Meeting) made by J. P. White to grant the request for the permit on private property, Spring and Atlanta Streets, with permission of the owner. The motion was seconded by Marston Tuck. However, after further discussion the motion was withdrawn and Mayor Smith recommended Council follow the same procedure regarding signs as the previous administration and the matter be dropped. No progress was reported on Atlanta, Love and Concord Road widening projects. Surveys and designs from the county engineer and consultant engineers were reported in work. Mayor Harold L. Smith reported he, J. E. David and Leon Hood met with Highway Department Officials and turned down the design for the service station on Carter and Brown property, located at Atlanta and Spring Streets, on basis of an island on right-of-way. The State Highway Department agreed to hold up approval of plans until the City gives okay. Paving at the Citgo Station on Love Street was reported as being completed. Business license is to be held up for Citgo Station until deed for added lane on Love Street is returned to City Hall. A quotation from W. P. Lord on cost of drainage work on Glendale Place, Roebuck property, was submitted in the total amount of $1,040.00; and materials and installation of storm sewer improvements on Birch Street was reported as $2,808.00. Both of these projects were deferred until bids could be secured on sanitary sewer projects. Councilman Arthur Bacon reported he met with Mr. Ezra Yancey last week in regard to his bid on installation of underground garbage cans for the City, and since Mr. Yancey had sufficient insurance with a reputable Georgia firm, bond', and required equipment, he, as chairman of the sanitation committee, recommended in the form of a motion, that Council accept the low bid submitted by Mr. Yancey of $3.50 per can for approximately 4400 cans. Motion seconded by Marston Tuck and approved with unanimous vote. Mike Westmoreland who installed the first fifty cans stated he didnot think he received a fair deal since all bidders had an opportunity to know the first fifty cans were installed for $4.00 each. Mr. Westmoreland stated further that he lost money on the first fifty experimental installations because the locations were scattered all over town. Councilman John C. Porterfield recommended that Mr. Westmoreland submit an itemized bill for any loss sus - stained on the initial installation of the fifty cans. Victor Broyles stated the sanitation ordinance was in work. On the recommendation of Sanitation Supervisor Victor Broyles, and on motion by C. 0. Canada, seconded by Arthur Bacon, trade of the 1962 Pak-Mor garbage truck owned by the city to Edward Hillhouse for a 1963 111/2 ton Chevrolet trash truck, with no money involved, was approved by unanimous vote. There was no action on the new garage building, North Cooper Lake Road, due to finding a suitable location, the rifle range being the only level location. Mayor Harold L. Smith appointed Councilman Marston Tuck to work with the sanitation committee on possibility of finding a new location for the rifle range. Sealed bids for tear down of Atlanta Street property were opened and are recorded as follows: Joe Slay, House Movers, Inc., Marietta, Ga. Complete demolition of two buildings, removal of all debrise, filling of basement to ground level with city furnishing dirt. ($1500.00 to be paid upon completion of one building.) Hudgins & Company, Inc., Atlanta, Ga. Demolition of old police building, removal of all debris, leave site smooth and in safe condition. 2807 Atlanta, demolish, leaving north wall approximately 12 feet higher than sidewalk, parralleling existing building and leave south & west wall 6 inches below sidewalk level, leaving all debris in basement. $3,615.50 $2,850.00 $1,800.00 (Continuation of August 3, 1970 Meeting) Remove north wall down to 6 inches below sidewalk level $ 350.00 Remove all debrise from basement 1,100.00 - - Cover Debris with dirt -furnished by City 225.00 Fill basement with dirt furnished by City 450.00 $6,775.00 The bids were referred to Councilman Homer -Kuhl and Councilman Marston Tuck for study and recommendation at next meeting-. On-motion'by Homer Kuhl, seconded -by Marston Tuck, a permit was granted for a Parade by the First .Baptist Church, on Saturday, August 22, 1970 at 2;00 P.M. The vote was unanimous. Councilman C. 0. Canada motioned that all bids on tires; tubes and service which were opened in Council July 20, 1970 be rejected. The motion was seconded' by Marston`Tuck and voted -unanimously. In further-action,--C. 0. 1-0 -0 Canada stated a request for new bids would be mailed to all service stations in these the City having a City business License. Councilman Canada motioned that W these bids be opened -at Council meeting of September 8, 1970.--The motion was seconded by Marston Tuck and voted unanimously:, , On motion by Hubert Black, Seconded by Arthur Bacon, Council voted unanimously to contribute $300 to MAGLOG for the calendar year 1970. Christmas lighting was discussed in Council --and on motion by Finance Chairman Hubert Black, approval was granted to purchase -five "Happy Holiday" lighted letters to -be placed at five entrances' to'the City at a cost of $368.00 each, less discount, provided the State Highway -Department agrees. .The motion was seconded by Homer Kiehl, Arthur Bacon, J. P. White, and'Marston Tuck: Voting against the motion, J. C. Porterfield and C. 0. Canada. Mayor Harold L. Smith commented on the Cobb County Dog Leash Ordinance, stating certain obvious changes would be necessary and referred same to City Attorney George Carreker for check out.and report at next Council meeting. Mayor Smith further requested Council to study and make recommendations, of any changes they might want made, to Attorney Carreker within the next weok or so allowing him to make his report to Council as scheduled. Mayor Harold L. Smith stated the item "Restructure of police and fire department salaries" would be dropped from the agenda and placed under "Items Pending" due to the time required to study and make any changes that might be warranted. July 20, 1970 Minutes were approved as corrected on motion by J. P. White, seconded by Marston Tuck. (MEMO: In -discussion of the Minutes, Homer Kuhl moved that the letter -written by Mayor Smith to the Marietta Journal and read in Council 7-20=70 and made -a part of the minutes therto, be deleted. The motion' was seconded by J,.-C. Porterfield. The motion lost. For the motion: Homer Kuhl, J. C. Porterfield,..and C. 0. Canda. Against the motion: Marston Tuck, J. P. White, Hubert Black and Arthur Bacon. The minutes of July 6, 1970, were approved as submitted on motion by Marston Tuck, seconded by J. C. Porterfield. Councilman J. P. White, (1),requested a four -way -stop sign at Creatwood'and Navaho Trail. This item referred to the Street committee. (2) Commented on citizens committee•for- library. This was referred to,the library committee.(3) Reported that four houses under const4ruction on Creat Trail were in very bad condition. Building Inspector -Leon Hood stated he had inspected•the houses, they were no in danger 'of collapse, and he was attempting to get,in touch with the builddrg. Arthur Bacon reported a citizen living near by the City owned a lot on Bank Street which -was given to'the Boy Scouts some years ago, but was never used by them, desired to buy the. lot and, keep it clean. Mayor Harold L. ,Smith stated that D. Scott Jackson was working on a list of all City proprty at the present time and that he would defer action on the Bank Street property until such information was completed. 1 - • I Councilman Marston,Tuck reported the new rescue unit is now in,the Fire Deparmtment and the old one was turned in to the dealer. (Continuation of August -3,-1970-Meeting) In regard to Parks Department programs, Mr. Tuck stated that starting this week there would be instructions in golf for one hour in the morning and,one hour in the evening'.' C. 0. Canada stated the budget-included'funds to -have the Bohanon Creek treatment plant cleaned out and motioned that he be authorized to adviertise for bids to be opened on August 17, 1970. The motion was seconded by Arthur Bacon and voted unanimously. " J. C. Porterfield reported that an eight hour driver's education make-up class had been scheduled for September 17, 1970, 8:00 A. M. to 5:00 P.M. All department heads were urged to have all drivers who did not complete the first classes attend part or all of the make up class. - Councilman Hubert -Black -extended -an invitation to Mayor and Council to attend "Law Enforcement' -Day' -August 8, 1970 at Acworth Beach.- J. E. David reported parts for the street sweeper were on order and should be here in two weeks. t. - - - - - A gate and -speed -breaks were requested -for -Lake'Park- and speed breakesfor Jonquil. --'Referred -to J. E. David for Checkout. Marston Tuck reported he -had -obtained three bids on insurance for volunteer firemen and that a meeting of the -insurance committee would be held directly following adjournment of the Council meeting to decide on one of the bids. ,,(The U. S. Fidelity and Guaranty Company was Chosen; annual premimum $319.20) J. C. Porterfield passed a copy of a resolutionoto the Mayor and each Council- man-concernirig the recent publicity regarding -the police department;- and - motioned the -Resolution be -adopted: -Homer Kuhl seconded the -motion. -The Resolution was adopted on a four to three vote.- For: J. C: Porterfield, -Homer-Kuhl,-C. 0. -Canada;- Arthur T. Bacon. Voting -against •adoption -of the Resolution: J.-P. White, Marston Tuck, Hubert Black. (Copy of Resolution attached.) Mayor Harold L. Smith announced the next meeting of the Cobb Municipal Association would-be held August 18, 1970. -- Meeting adjourned 10:50 P. M. Next Council meeting August 17, 1970. AUGUST 17, 1970 The mid -:month meeting of Mayor -and Council of the City of Smyrna was held at - City Hall on August 17, 1970 and called to order by presiding officer Mayor Harold L.'-Smith at 7:30 o'clock P'.-M. All Council members were present. Others'presentf L. W. Charles, G. W. Carreker, D. Scott Jackson, N. Proctor, Vic Broyles, 'C C. Porterfield, Truett Grogan,' Cliff' Drennori, and" representatives of the Atlanta Journal, Marietta Journal and WBIE. Invocation was given by Mr. Mayes Hamby. In the absence of building inspector Leon Hood, D. Scott Jackson submitted commercial building permits and the following actions is recorded: 1. Central -Neon Company, request to -relocate existing sign from northeast corner of Bank and South Cobb Drive,-132 feet north on South Cobb Drive, for-Enco Service"Station. Approved on motfdn by J. C. Porterfield, seconded -by C. 0. Canada.- The vote was unanimous'. " \ 2. Request from Don Evans House Movers to move house located at 3011 Atlanta Terrace to an address on Lake Drive located outside the corporate limits of Smyrna, Ga. Approved on motion -by Arthur Bacon, seconded by J. P. White, subject -to the moving company having -obtained -a permit from' -the county to move the house. The -vote was unanimous. .3. Request by'L. A.' Webb for --waiver of 3 feet 1 inch on side yard requirements on Lot 5 Smyrna -Powder Springs Road. Councilman J.-C. Porterfield motioned the total variance of 3 feet 1 inch be granted on lot 5 side yard requirements. The motion was seconded by Hubert Black and voted unanimously. - Sealed bids on one radio for the Fire Department and two radios for the Police Department were opened and read in Council. The bids are recorded as follows: