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10-05-1970 Regular Meeting333 October 5, 1970 i 'ate i The regular meeting of Mayor and Council was held pursuant to the Charter at City Hall; Smyrna, Georgia, October 1, 1970, at 7:30 o'clock P. M. Mayor Harold L. Smith presided and•a11,Council Members were present. Also present: City Attorney G. W. Carreker, L. W. Charles City Clerk, D. Scott Jackson, N. Proctor, J. E. David, Leon Hood, C. C. Porterfield, Donald 0. Atkinson, and a representative of the•Atlanta Journal, Marietta Journal, and WBIE. Invocation was by Councilman Homer Kuhl. Mrs. Loraine Chapman of Estelle Court appeared before Council regarding construction of a concrete block building fronting on Estelle Court and backing up to the driving range. Building Inspector Leon Hood stated he had talked to the tenant and learned Mr. Pressley owned the house and he was informed it would be used in connection with the driving range. Mayor Smith informed Mrs: Chapman the house in question would be checked out and if there was a violation.of the zoning ordinance, construction on the building would be stopped. f f t Zoning hearing on the property located at 871 Cherokee Trail, Dist.,C to C-1, professional office building, restricted, was the next item on the Agenda. Mr. Jim Ross, petitioner for the rezoning, stated he planned to change one or two partitions inside the structure and it would be used W for an office for an engineering firm. No one appeared in opposition to the U rezoning. Councilman J. C. Porterfield motioned that the rezoning be . . approved, District C to C-1, restricted, professional office building, with the understanding there will be no on street parking in front of this building. -The motion was seconded by Marston Tuck and voted unanimously. In connection with the "no on street parking" at the above address, it was recommended that the police committee investigate the parking at three other structures on Cherokee Trail and take whatever action is necessary to eliminate traffic hazards due to on street parking. Hearing on the Comprehensive Zoning Ordinance Amendment was brought before Council. The proposed amendment would change Section 6 and Section 10 of the zoning ordinance. After discussion by Council, and on motion by Homer Kuhl, authorization was given the City Attorney to draw up an ordinance deleting the right•to build apartments on commercially zoned property. The motion was seconded by J. P. White and voted unanimously. Hearing date for the purpose of rezoning.of property located at 3027 Atlanta Terrace R-1 to C-1, service station, was set for November 2, 1970 on motion by Marston Tuck. The motion was seconded by J.,P. White and voted unanimously. Request for hearing date of property located 1143 Concord Road, District C to C-1, professional office, was withdrawn. Mr. Joe Mayes, Mr. Charles Etheredge-and Mr. Bill Greer, Consultant Engineers, were present in council and Mr. Mayes accepted the signed contract between the engineering firm, Mayes, Suddereth and Etheredge and the City of Smyrna for consultant engineering work. After signing of the contract by Mayor Harold L. Smith, Mr. Mayes was requested to have the firm statt work immediately on two projects; namely, the Birch Street sewerage project and the Atlanta Road widening project. Mr. Mayes stated he would meet with J. E. David October 6 in regard to Birch Street,sewerage; also, that,he and Mr. Etheredge would look over the designs prepared by the county (to be picked by Mr. David October 6, 1970) on the Atlanta Road project and would then be in a position to give a time schedule and cost estimate. Mayor Smith stated there might be additional engineering involved which is not included on the present plans. Commercial building permits were submitted by building inspector Leon Hood and upon his recommendations the following action is recorded: 1. Pace Motor Company 2468 So. Cobb Drive, request to erect 40' x 60' block and brick building. Approved by unanimous vote'on motion by r`p -rf-Marston Tuck, seconded by Arthur Bacon. 2. Robt. B. Seamon, 578 Cherokee Road, request to erect fence 10 feet in front of store. Fence would not be attached to building, would be 38 feet from curb of Cherokee Road. Approved on five to two vote, 3 .. (Continuation of October 5, 1970 Meeting) on motion by J. P. White, seconded by Hubert Black. .For the motion, Marston Tuck, Homer Kuhl,.Arthur Bacon, Hubert Black, J. P. White. ljt4.Opposed, J. C. Porterfield and C. 0. Canada. 3. Shady.Vent Aluminum.Products, request to erect service station canopy over gas pumps,28' x 24' for B. P. Oil Company, 2415 So. Cobb Drive. Approved on motion by Marston Tuck, seconded by J. P. White,.subject .-�.to«_it%,not being on state property. The vote was unanimous. 4. Request for permit by B. P. Oil Corporation to build a service station to be located at the corner of Love Street and Atlanta Road, formerly the Patterson, Carter and Brown properties. Councilman Marston Tuck motioned that we grant the building permit with a five foot variance on the rear with stipulations to be.outlined in a second motion. J. P. `.-White seconded the motion. The vote was unanimous. Councilman John C. Porterfield motioned that the City would deed to B. P. Oil Corporation that portion of Atlanta Terrace extending beyond the limits of the pro- posed widening on Atlanta Street and lying adjacent to the subject pro- perty in exchange of approximately $15,000 worth of paving, curb, gutter, approaches,.sidewalks and relocation of all utilities involved in the area immediately adjacent to the Atlanta Street property. Be it further understood that this includes the relocation and/or an additional catch basin with the understanding that the right-of-way would go to the east side and extend to and include the sidewalk. The motion was seconded by J. P. White. The vote was unanimous. 5. Request for 70 sq. ft. lighted sign for B. P. Oil Service Station, 1420 Love Street Extension. Approved unanimously on motion by J.'C. Porterfield, seconded by Marston Tuck. Councilman Homer Kuhl brought to the attention of Council that the retaining wall in the rear of Cobb Heating and Air Conditioning on Concord'Road had never been constructed. This matter was referred to Leon Hood for checkout. Only one bid was received for construction of rest rooms at Brinkley and Cobb Parks per specifications mailed out to eight different companies on September 15, 1970. The sealed bid received was from Don 0. Wells, Smyrna, Georgia, and the price quoted was $5,260 for the rest room facilities at Brinkley and $5,260 f.or the rest room facilities at Cobb. The bid from Don 0. Wells was rejected on motion by J. C. Porterfield, seconded by Hubert Black. Vote on the motion was unanimous. Mr. C. 0. Canada requested,.in the form of a motion, Council approval to negotiate with Mr. Rhodes of the Pennsylvania Tire Company in Atlanta.on the purchase of tires under the state contract. The motion was seconded by Homer Kuhl and voted unanimously. Mr. Canada further stated he was negotiating with local service stations on a service contract and would bring his recommendations on the purchase of tires, as well as the service contract back to Council at the next meeting. Committee report on the demolition of Atlanta Street property was deferred to the next meeting. Councilman Homer Kuhl reported that a starting date for the repaving of the two,outside'lanes on Cherokee Road was to be decided upon at the October 13,'1970 meeting of the Cobb County Commissioners, Sewerage to the Burson property on Herodian Way, 416 Apartment units, was referred to J. E. David for checkout and starting date on the project. Councilman J. C. Porterfield reported he had contacted Jimmy Howard of the Cobb County Board of Education in regard to the improperly installed .sewer line at Wills High School and had been informed that the Board of Education had advised Daniel Plumbing and Heating Company that the con- -',,tract would not be approved and the company would not be paid in full until the sewer line was approved by the City of Smyrna'ti I , A letter was read in Council by Mayor Harold L. Smith from the L. & N. Railroad requesting closing of certain.streets in Smyrna in order to rework Hawthorne and Spring Street crossings. Three days would be required to complete the repairs at Spring Street crossing and one eight to twelve hour day at the Hawthorne crossing according to the letter from L. & N. A motion,was made by Councilman Marston,Tuck to close Spring and Haw- thornerStreets either the week of October 12 or 19 on Tuesdays, Wednes- days or Thursdays only, preferably closing the Hawthorne crossing parts 335 (Continuation of October 5, 1970 Meeting) pf two days when the traffic is slowest. Arthur Bacon seconded the.motion. The vote was unanimous. City Clerk L. W. Charles to write a letter to the L. & N. Railroad listing dates the streets will be closed. Also, it was recommended that a copy of the ordinance on Length of Time the trains block the crossings be furnished the police department. No action was taken on the Shop Lifting Ordinance or new garage building. Mayor Harold L. Smith reported that he had written a letter. to the Carters- ville Office of the State Highway Department, Mr. Hal Rives, Design Engineer, expressing the City's willingness to purchase the right-of-ways for.the Concord Road project. Mayor Smith also stated that Council needed to take action on the annexation of thirteen parcels of land on Pat.Mell road. The City Attorney has pre- pared a legal plat for advertising purposes. A motion was made by Marston Tuck to set November 2, 1970 for the hearing date on the annexation of the thirteen parcels on Pat Mell. The motion was seconded by Homer Kuhl, Vote on the motion was unanimous, Mayor Smith stated he had been assured by several legislators that they would ratify the action of Council under the 1� Home Rule Bill at the next session of the General Assembly. 2!H Mayor Smith also reminded Council Members to be thinking in terms of preparation of the 1971 Smyrna House Bill, and of any desired changes U in the City Charter, U - Tax Assessor Scott Jackson stated he would furnish the new consultant engineers with copies of all annexations for the year. in order that they may staid work on, them in preparation for the 1971. House Bill. Mayor Smith also asked Council to consider, prior to the next meeting, requesting the legislators to make the Mayor, and Council offices in Smyrna four year terms beginning with the next term. Also he would like to propose a raise for those elected to office in 1971 to begin serving in 1972. The Mayor passed out to each Councilman a letter to be mailed to Mr. Ernest Barrett, Chairman of the Cobb County Commissioners, showing the City's willingness to cooperate in a county -wide sewerage program. The letter listed several proposals in which the City would be interested in negotiating with the county on this project. Marston Tuck motioned the letter listing the proposals be mailed to Cobb County. The motion was seconded by J. P. White and voted unanimously. The Sanitation Ordinance was referred back to the Sanitation Committee and the�City Attorney to work out all legal aspects of the Ordinance, and re- turn at next Council meeting. Councilman Marston Tuck reported he had not yet received the lease from the Smyrna Athletic Association for the Ward Park property. J. E. David stated the dredging of Stone Creek area h'ad been .completed. Councilman Arthur Bacon reported the underground garbage system installation was almost on schedule and would probably be ahead of schedule at the end of this week. Sewer tie-in by Tenneco Oil Company at Hargrove Road Heritage Trace Apts., was referred to J. E,, David to checkout possibility to tie-in at perhaps another place along with sewerage to the Burson property. Councilman J. C. Porterfield .stated that.at the last Safety Committee Meeting all Department Heads as well as everyone in City Hall, agreed on additional coverage in the group hospitalization and life insurance policy. The increased coverage would pay $35,00 for a room instead of $25,00, $100.00 outpatient X-ray and lab benefit, and $1,000 dependent life benefit. Additional costs to employees with dependents would be approximately $2.42 per month, and approximately $0.75 for employee coverage only. Councilman Porterfield stated he had authorized the North American Life and Casualty to make the change effective October 1, 1970; and requested, in the form of a motion, that council approve the increase in costs to cover the increased benefits. The motion was seconded by Marston Tuck and voted unanimously. Councilman Hubert Black commenting on the Financial Statement for August noted the Sanitation Department was.still over the budget but could see no problems. Approved as presented. 33 (Continuation of October 5, 1970 Meeting) Mayor Harold L. Smith requested Council approve the City sponsoring the Early Bird Breakfast meeting for the month of November at a•cost to the City of $125.00. A drug abuse program is to be presented at this meeting. Councilman J. C. Porterfield motioned that the City sponsor the breakfast November 5, 1970. The motion was seconded by Marston Tuck and voted unanimously. Councilman Homer Kuhl suggested that the president of the student body in each high school be invited and Mayor Smith urged that all Council Members attend. Mayor Harold L. Smith mentioned that Councilman Arthur Bacon had stated that B. F. Reed might be interested in selling his property at a total price of $44,000, and now after a brief talk would sell for $30,000. The Mayor stated he still thought this was too much money and would like Council to make an offer to Mr. Reed of $22,500. Councilman Homer Kuhl motioned that council negotiate with Mr. Reed for acquisition of his property at an amount not to exceed $22,500. The motion was seconded by Marston Tuck and voted unanimously. Mayor Harold L. Smith stated Mr. 'Sam Whitfield had served on the Civil Ser- vice Board since 1962 and that Mr. Whitfield had asked to be relieved as of September 1, 1970. The Mayor recommended that Pete Wood be nominated to fill this vacancy. Since Mr. Whitfield had served two years of the six year term, Councilman Marston Tuck nominated Pete Wood to fill the vacancy for the remaining four years. The motion was seconded by J. P, White. Councilman John C. Porterfield in turn nominated Bill Stewart for the vacancy and C. 0. Canada seconded the motion. Voting for Mr. Wood were Marston Tuck, Hubert Black and J. P. White. Voting for Bill Stewart: Homer Kuhl, J. C. Porterfield,'Arthur Bacon and C. 0. Canada. The Mayor stated Mr. Stewart would have to be approved and take the oath of office. Councilman, Hubert Black reported the shelving had been completed and carpet installed at the library and it looked very good. He requested permission to plan a dedication of this community roan in honor of Mrs. Green who spent a great deal of time working at the library. Final plans to be brought back at a later date. Motion seconded by Honer Kuhl, and voted unanimously. Councilman Marston Tuck reported 20 alarms during the month of September with damages estimated at $980.00. Councilman Marston Tuck also stated he had talked with City Attorney and they would at the next Council Meeting ask for adoption of the 1970 Fire Prevention Code and update our ORDINANCE in the City to comply with the National Fire Prevention Code. Motion was made to adjourn by J. P. White. The time 10:52 P.M. Next Council meeting October 19, 1970. October 19, 1970 The regularly scheduled mid -month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, on October 19, 1970 at 7::30 o'clock P. M. The meeting was called to order by presiding officer Mayor Harold L. Smith and all Councilmen were present. Also present were City Attorney G. W. Carreker, City Clerk L. W. Charles, D. Scott Jackson, N. Proctor, -Leon Hood, Truett Grogan, C. C. Porterfield, Don Atkinson and a representative of the Atlanta Journal, Marietta Journal and WBIE. James E. David was absent due to sickness., P Invocation was by Dr. Ralph Price. Pledge of Allegiance to the Flag was led by Sherman Stubbs. A petition was submitted by Wm. J. MacKenna to rezone property on Spring Street from R-1 to C-1 and R-2. On motion by Marston Tuck, November 16, 1970 was set for the hearing date on the above property. The motion was seconded by Homer Kuhl and voted unanimously. 4 A hearing date to rezone property owned by Dr. Ralph Price, located at 1143 Concord Road from C to C-1 restricted to a professional office building, was set for November 16, 1970 on motion by J. C. Porterfield. The motion