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03-06-1972 Regular MeetingPage 52 MARCH 6, 1972 The regular meeting of Mayor and Council was held pursuant to the Charter at City Hall, Smyrna, Georgia, March 6, 1972 at 7:30 o'clock P. M. Mayor Pro-Tem•Homer Kuhl presided in the absence of -Mayor 'John C. Porterfield who was attending -a Congressional City Conference in Washington, D. C. All -Council Members were present. Also present were: L. W. Charles, City Clerk, D. S. Jackson, Asst. City Clerk, Berl T. Tata, City Attorney, N. Proctor, J. E. David, Public Works Supt., Leon Hood, Building Inspector, V. M. Broyles, Asst. Supt. Public Works, C. C. Porterfield, Fire Chief, George Hardy, Consultant Engineer, and a representative of the Atlanta Constitution, Marietta Journal and WBIE. Invocation was by Councilman C. 0. Canada. In the first order of business, four bids on the eastside sewer and lift station were opened and recorded as follows: J-H-J Constr. Company, Statham Georgia $69,185.50 J. E. Lovern Constr. Company, Smyrna, Ga. $57,156.20 No. American Pipeline, Mableton, Ga. $59,349.76 Gi.11eland and Son, Canton, Georgia $65,164.65 On motion by Marston Tuck seconded by Forster Puffe, the bids were referred to the sewerage committee with authority to act on the low bid. Vote �✓ on the motion was unanimous. ANNEXATION A petition was submitted by Mrs. A. P. Jones to annex one-half acre, approximately, into the corporate limits of the City of Smyrna, the property being located next west of the Norsemen Apartments on Herodian Way in Land Lot 849. On motion by Marston Tuck, seconded by Arthur T. Bacon, the property was annexed as requested and made a part of Ward #1. Vote on the motion was unanimous. A petition was submitted by Mr. R. B. Bennett, Sr'. to annex four lots on Cloudland Drive, Being lots 9,10,11,and 12, located in Land Lots 312 and337. On motion by Jack Miles, seconded by Arthur T. Bacon, the property was annexed into the corporate limits of the City of Smyrna and made -a part of Ward P. Vote on the motion was unanimous. ZONINGS Mrs. A. P. Jones submitted a petition to Mayor and Council to rezone the above mentioned property on Herodian Way, Just annexed, from District "C" to C-1 commercial. A hearing date to consider rezoning the property was set for April 3, 1972 on motion by Marston Tuck, seconded by Jack Miles. The motion carried by unanimous vote. A petition was submitted by Mr. Nick Souris to rezone property know as 1418 Spring Street, located in Land Lot 559, from R-1 residential to District C-2, for electrical contractor's office. On motion by Marston Tuck the hearing date to consider the rezoning was set for April 3, 1972. The motion was seconded by Forster Puffe and voted unanimously. Commercial building permits were submitted by building inspector Leon Hood and upon his recommendation, the following action is recorded: (1) Bill's Market, 2278 Atlanta Street, tear down old building and erect new Dixie Steel Building. Approved unanimously on motion by Marston Tuck, seconded by C. 0. Canada. (2) Bank of Smyrna, 2521 4-Lane Highway, erect one double faced lighted sign, 7' x 12"1 Approved on motion by C. 0. Canada, seconded by Forster Puffe. The vote was six for the motion. Jack Miles abstained. (3) The First National Bank of Cobb County, 2475 South Cobb Drive, one double faced lighted sign, 7' x 111. Approved unanimously on motion by C: 0. Canada, seconded by Jack miles. Page 53 (Continuation of March 6, 1972) (4) Bank of Smyrna, 3318 South Cobb Drive, 7' x 12' double faced lighted sign. Approved on motion by C. 0. Canada, seconded by Forster Puffe. The vote was six for the motion. Jack Miles abstained. Councilman Jack Miles motioned that Council accept the right-of-way acquisition cost for the Otis Thomason property located at 1185 Concord Road in the amount of $1,575.00. The motion was seconded by Arthur T. Bacon and the vote was six for the motion. Marston Tuck opposed. There was no further report on street projects. Two bids were received and opendd in Council meeting on a radio only for the new fire truck and are recorded as follows: AB-COM, Inc., Atlanta, Ga. $960.00 f.o.b. Lynchburg, Va. Motorola, Forest Park, Ga. $691.00 On motion by Marston Tuck, seconded by Arthur T. Bacon, the bids were referred to the fire committee with authority to act on the low bid. Vote on the motion was unanimous. Councilman Forster Puffe motioned, on the recommendation of the street committee, that bids be let for a light weight pick up V-8 truck with dealer installed air conditioning for use by the superintendent of public works; the bids to be opened March 20, 1972. The motion was seconded by Marston Tuck and vote on the motion was unanimous. Councilman Marston Tuck motioned that all dealers who have responded to bids let by the City in the past two years be given an opportunity to bed on the pick up truck for the Superintendent of Public Works. The motion was seconded by Forster Puffe and voted unanimously. Applications for four privilege licenses, retail wine -package stores, were approved as follows: Sam Theodocion, 1105 Cherokee Road, approved unanimously on motion by Arthur Bacon, seconded by Marston Tuck. San Theodocion, 467 Jones Shaw Road, approved unanimously on motion by Arthur T. Bacon, seconded by Marston Tuck. Walter Wm. Watts, 3505 Cooper Lake Road, approved unanimously on motion by Arthur T. Bacon, seconded by Marston Tuck. W. A. Sparks 2278 Atlanta Road, approved unanimously on motion by Arthur T. Bacon, seconded by Marston Tuck. Three malt beverage applications were submitted and on motion by Arthur T. Bacon, seconded by Marston Tuck, the hearing date was set for March 20, The three are recorded as follows: J. M. Moore, New 7-Eleven Store, 2539 Old Concord Road Eddie Turner, Blimpie!s Base, 2552 South Cobb Drive Geraldine Dilbeck, Big Apple #12, 2512 Spring Road On recommendation and motion by Arthur T. Bacon, the date for Public hearing on Linda V. Woodward's application for malt beverage was set for March 20, 1972 and issuance of the license would be subject to approval of the building permit for the Tenneco Store, located at King Spring and Concord Road. Marston Tuck seconded the motion which carried by unanimous vote. Arthur T. Bacon reported that the City police had made an arrest at Lums Restaurant, 2365 South Cobb Drive, on Friday night, March 3, 1972, for selling beer to a minor, the charges were made against the waitress. Mr. Bacon further stated the establishment was in violation of the malt beverage ordinance since there was no current license holder and on recommendation of the committee, motioned that the malt beverage license for Lums be suspended for thirty days. The motion was seconded by Marston Tuck. Mr. Don Blum, owner, appeared before Council requesting the history of the store having no violations in the past be considered. After further discussion, Forster Puffe moved the motion be amended to read the license be suspended for ten days. Jack Miles seconded the motion which carried four to two, Marston Tuck and E. R. Coalson voting against the motion. Councilman Marston Tuck motioned the suspension of the license shall start February 7, 1972A.M. for a ten day period excluding Sunday. 1972 C Page 54 (Continuation of March 6, 1972 meeting) The motion was seconded by E. R. Coalson and passed five to one, Arthur T. Bacon opposed. City Attorney Berl T. Tate reported the Smyrna House Bill has been passed and is awaiting the Governor's signature. The proposed Noise Ordinance was deferred to a future meeting. Discussion on the proposed amendment, R-2 multiple family dinsity per acre, was deferred to the next meeting. Finance Chairman Horner Kuhl stated he had discussed the financial reports with department heads and requested each department to watch expenditures closely. Mr. Kuhl also stated he would meet with the sanitation committee again in a few days. City Clerk L. W. Charles recommended that the savings certificates at Smyrna Federal Savings in the amount of $100,000 and maturing March 10, be withdrawn and deposited in the Bank of Smyrna to pay for the eastside sewer line. Forster Puffe motioned the savings certificates be withdrawn on maturity from Smyrna Federal and the money deposited in the Bank of Smyrna. Teh motion was seconded by C. 0. Canada and voted unanimously. Mayor Pro-Tem Homer Kuhl reported the dual registration will be completed by the first of next week and work was in progress on the reapportionment project based on the 1970 census. Mr. Kuhl further stated if the county approves the plan to be submitted at the Wednesday night meeting, a proposal should be ready for the next council meeting. Reservations were made for the Mayor, all Councilmen, the City Clerk and assistant City Clerk, to attend the Cobb Municipal Association Meeting March 14, 1972, at the Marietta Country Club. On motion by Forster Puffe, Scott Jackson was nominated to work as liaison between the City of Smyrna and the City of Kennesaw during the Big Shanty Commemoration to be held April 12-16 at Kennesaw. C. 0. Canada seconded the motion. After further discussion, Marston Tuck motioned that Capt. John Young act as liaison during the Commemoration. Jack Miles seconded the motion which was voted unanimously. The original motion by Forster Puffe and second by C. 0. Canada were withdrawn. February 7,14,and 21 Minutes were distributed to each Councilman. On motion by Forster Puffe, seconded by Jack Miles, approval was granted to let bids for a one ton roller and trailer for the Street Department, the bids to be opened March 20, 1972. Vote on the motion was unanimous. Councilman C. 0. Canada requested in the form of a motion to create a parks and recreation commission comprised of interested citizens, both men and women including all age groups, to work with the various associations using the parks. Mr. Canada stated he would like for each Councilman to submit two names from each ward and from the fourteen names submitted seven would be selected to make up the commission, the chairman of the commission to be elected by the group. Mr. Canada requested the names be submitted by March 18 in order that a recommendation could be made at the next council meeting. All present managers, coaches and sponsors would be deleted from the lists. The motion was seconded by E. R. Coalson and vote on the motion was unanimous. A petition was submitted to Council by Mr. & Mrs. Roy Peabody, 2946 Elizabeth Street, requesting permission to place a one bedroom trailer in their yard to be occupied by Mrs. Peabody's mother, Mrs. S. Tillett. A statement was submitted from Dr. C. David Markle confirming Mrs. Peabody's statement that her mother needs to have personal care available to her at all times; also, a petition signed by all residents within 300' of the peabody residence stating they had no objections. Forster Puffe motioned the mobile home for this address be granted limited to use of Mrs. Tillett only. The motion was seconded by Jack Miles and voted unanimously. The meeting adjourned at 8:55 P. M.