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04-07-1975 Regular Meeting312 April 7, 1975 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter at City Hall, Smyrna, Georgia on April 7, 1975 and called to order at 7:30 o'clock P.M. by Mayor Pro-Tem Homer Kuhl. Mayor Porterfield was absent due to illness in his family. -All Councilmen were present. Also present were L. W. CHarles, City Clerk; Willouise Spivey, Asst. City Clerk; Bob Birchfield, Administrative Assistant; Nora Proctor, Clerk; Lee Silver, Director of Parks and Recreation; J. E. David, Supt. of Public Works; Don Atkinson, Asst. Fire Chief; Leon Hoods Building Inspector; Joe Briggs, Consultant Engineer; and a represent- ative of the press. Invocation was given by Councilman E. R. Coalson. Under Citizens Reports the following action is recorded: (1) Mr. Earl Gaskins of 2831 Sherwood Road appeared before Council with a complaint of loud noises, racing of motors early in the morning, boards and junk poled in the rear of yard, and parking of trucks at Northwest Exterminators. Mr. Gaskins also complained of large trailer trucks being parked at Landmark Realty Company. The City Attorney ruled that the previous restrictions at the time the property was zoned were no longer effective since a new ordinance was adopted by the City which does not cover restrictions placed on the property. Marston Tuck motioned that a meeting be set up with the owners of Northwest Exterminators, Land- mark Realty Company, citizens in the area, and Mayor and Council to try to find a solution to the problem. E. R. Coalson seconded the motion and the vote was unan- imous. The meeting was set up for Thursday Night at 7:00 P.M. . The City Attorney was asked to attend the meeting. City Clerk L. W. Charles is to notify the owners of Northwest Exterminators and Landmark Realty to be present. (2) I:.r. Albert Couey, owner of Jonquil Skating Rink, complained to council about sanitation employees parking on both sides of the street at the new sanitation building; he also complained of odors from the garbage trucks and stated he was concerned about the safety and health of the children. He also stated he owned the property next door and the sanitation employees could park there if the lot were graveled. Mr. Couey's complaint was referred to MR. E. R. Coalson, Sanitation Chairman, and J. E. David for correction. (3) Mr. Herb Webb of Stephens Street requested permission to park a mobile lunch wagon, 26 feet in length, at the corner of Concord and Atlanta Street (Rob -Roy Property). This request was referred to the business license committee. Mr. Webb was asked to supply Mr. Charles with all pertinent information regarding his s request. -W. State representative Ken Nix and Senator Joe Lee Thompson appeared before Council. Mr. Nix read a Resolution adopted by the House of Representatives on March 11, 1975 commending Coach A. D. "Joe" Lattanzi for his dedicated service as Coach at Camp- bell High School for nineteen years, Coach of the Connie Mack Team, and his work in Civic, religious and educational functions. Coach Lattanzi thanked Represent- ative Nix, Senator Thompson, City Officials and all those he had worked with in making his work a success: Ms. Candy Bowen appeared before Council in regard to a Bicentennial Pictorial Publication Project. Ms. Bowen passed out several magazines to show the quality of work done by her company. Mr. Kuhl asked her to leave a price list in order that Council could decide on the type publicity to be published. A zoning hearing was held on property located at 2365 Spring Street. The request by Robinson and Fricks was to change the zoning from R-15 to 0.-1 for the purpose of a real estate office. Larry Fricks represented the petitioners, and asked that the original request be changed to leave a 30' X 70' strip on the west end of the property as residential., Approximately fifty people opposed the rezoning stating it would encourage more commercial establishments on Spring Road. After a lenghty discussion, Jerry Mills moved the rezoning be denied. Marston Tuck seconded the motion and the vote was three for and three against the motion. Voting to deny, Jerry Mills, Marston Tuck and E. R. Coalson. Voting against the motion, C. 0. Canada, Earle Cochran and Foster Puffe. Mayor Pro-Tem Homer Kuhl broke the tie by voting for the motion to deny. Representative Ken Nix reported that the house bill permitting Smyrna and Marietta to assess their own property cleared the General Assembly but had not been signed by the Governor at this time. Mr. Nix suggested that as soon as the bill is signed a delegation from Smyrna should go before the Revenue Commissioner in order to convince him we should use our own assessments. Mr. Kuhl thanked Mr. Nix and 313 r all other Cobb Representatives for their work and time in getting the bill passed. Representative Nix stated the county could call for a referendum on the local sales tax, or, if the county did not, the two largest cities could call for a referendum; this to be�done within twelve months. If a referendum should pass, ' this amount would be deducted from the tax digest. A zoning hearing was held on property located at 960 Powder Springs Street from R-15 to L.C. for the purpose of a day care center. Mr. W. A. Brown, petitioner, was present to answer any questions asked by Council. No one appeared in opposit- ion to the rezoning. On motion by C. 0. Canada, seconded by E. R. Coalson, the request was approved subject to any changes in the structure brought back before Council. The motion carried on a four to two vote. Voting for the motion, C. 0. Canada, E. R. Coalson, Marston Tuck and Jerry Mills. Voting against the motion, Forster Puffe and Earle Cochran. Annexation; A tract of land lying and being in LL 525, 17th District, 2nd Section, Cobb County, Ga., 176' east of King Spring Road and on the northerly side of Daniell Drive, three residential unimproved lots being approximately 110' X 192' each, and identified by current numbering system as Nos. 1211, 1221 and 1234 Daniell Drive, was annexed per petition of W. A. Brown and W. E. Fortner, on motion by Marston Tuck, seconded by Jerry Mills, and made a part of Ward #2. Vote on the motion was unanimous. C. 0. Canada stated it was the recommendation of two-thirds of the garage committee that the wrecker service for the City be awarded to Barrow Wrecker Service. Mr. Canada motioned that the contract be awarded to Barrow and that the City Attorney prepare and submit the contract to them. E. R. Coalson seconded the motion. The motion lost on a two-four vote. Voting for the motion C. 0. Canada and E. R. Coalson. Voting against the motion, Marston Tuck, Earle Cochran, Forster Puffe and Jerry Mills. Earle Cochran motioned the city stay with the Driver Wrecker Service. Forster Puffe seconded the motion. Voting for the motion, Earle Cochran, Forster Puffe, Jerry Mills and Marston Tuck. Voting against the motion, E. R. Coalson and C. 0. Canada. Marston Tuck moved the wrecker service contract be for a two year period, effect- ive May 1, 1975. Jerry Mills seconded the motion. C. 0. Canada amended the motion to read the contract could be cancelled on a thirty day notice after a show cause hearing before the police and garage committees and the recommendations of the committees brought before the entire Council. Vote on the amendment was unanimous. Vote on the main motion was four to two, C. 0. Canada and E. R. Coalson opposed. City Attorney Berl T. Tate was requested to check the ordinance on billiard rooms and report back at the next meeting. Mr. R. M. Phillips stated he would continue to keep his tables covered on Sundays until the next meeting. Jerry Mills stated the plans for the new fire station had been revised and motioned that they be approved as submitted. E.R.Coalson seconded the motion. A discussion followed on use of stucco versus brick. C. 0. Canada amended the motion to use brick in lieu of stucco. Earle Cochran seconded the motion. The amendment and second was withdrawn. Jerry Mills amended the motion that the plans be approved as submitted with the stipulation that all bidders would quote prices on brick and stucco. Vote on the motion was unanimous. Jerry Mills motioned that the City advertise for bids on the new fire station in all Neighborhood Newspapers once a week until the first meeting in May on a cost plus basis, with the City of Smyrna buying all materials, and a maximum cost figure being given by the contractor. Earle Cochran seconded the motion and the vote was unanimous. Jerry Mills motioned that any firm desiring to bid on the fire station pay $25.00 for a set of plans to cover expenses, the payment not refundable. Earle Cochran seconded the motion and the vote was unanimous. There were no commercial building permits to be brought before Council. Authorization was granted to request and open bids on seeding of King Springs Park (Opening of bids to be 4/21/75) on motion by Earle Cochran, seconded by C. 0. Canada. Vote on the motion was unanimous. p On motion by C. 0. Canada, seconded by Jerry Mills, plans for the building at King Spring Park, based on the recommendations of the fire department, were approved. �-Fote on the motion was unanimous. (Continuation of April 7, 1975 Minutes) 314 Lee Silver reported that thirty school buses would be up for bids on April 11, 1975 in Dekalb County and requested authorization to bid on one bus based on opinion of James E. David, Alvin Beaty and C. 0. Canada, to be used for the senior citizens, day camps, etc. E. R. Coalson motioned the authority be granted. C.O. Canada seconded the motion and the vote was unanimous. Mr. Silver stated the going Price was $850 to $1500. Letting of bids for an office and supply area was deferred. On the reco:rs.:endation of Luke Boring, electrical inspector, and on motion by Foster Puffe, Items No. 1 through No. 32, plus miscellaneous items and electrical fees, (the electrical code for the metro area except for Atlanta) were adopted, effective May 1, 1975. the motion was seconded by Jerry Mills and the vote was unanimous. Mr. Boring stated the items would be printed in book form. C. 0. Canada motioned that the malt beverage tax adjustment as required by state law be approved, effective April 1, 1975. The motion'was seconded by Jerry Mills and carried by unanimous vote. The adjustments are: Size Total Containers Current Tax Schedule as per. Ga. State Law Ounces City of Smyrna and House Bill #329 (1973) 4/1/75 4/1/76 4/1/77 7 oz. 166 (24) .56 .61 .66 .70 336 (48) 1.12 1.22 1.32 1.40 8 oz. 192 (24) .64 .70 .75 .80 288 (36) .96 1.04 1.12 1.20 384 (48) 1.28 1.40 1.50 1.60 12 oz. 288 (24) .96 1.04 1.12 1.20 576 (48) 1.92 2.08 2.24 2.40 14 oz. 336 (24) 1.12 1.22 1.32 1.40 16 oz. 384 (24) 1.28 1.40 1.50 1.60 768 (48) 2.56 2.80 3.00 3.20 32 oz. 384 (12) 1.28 1.40 1.50 1.60 768 (24) 2.56 2.80 3.00 3.20 1-4 Keg 7.75 gal. (992 oz.) 3.31 3.21 3.11 3.00 %z Keg 15.50 gal. (1984 oz.) 6.61 6.41 6.21 6.00 City Attorney Berl T. Tate reported that all annexations for the City were approved by the General assembly. Marston Tuck requested that all litigations against the City and all information from insurance companies on suits filed against the City be available in writing at the next Council meeting. On motion by C. 0. Canada, seconded by Jerry Mills, the minutes of March 10 and March 24, 1975 were approved as prepared and submitted. Vote on the motion was unanimous. C. 0. Canada reminded Council that next Saturday, April 12, was Little League Day and also that the baseball field at Brinkley Park would be named the "Bill Hambrick" field. Forster Puffe requested authority in the form of a motion to request bids for radio maintenance on radio equipment for the public works department, the bids to be opened at the next Council Meeting. Earle Cochran seconded the motion which carried by unanimous vote. Marston Tuck motioned that the bid procedure be waived and contract in the amount of $3700 be awarded to C.W. Matthews Company to pave that section of the street between Elmwood and the curb, a distance of 700 or 800 feet, to be paid from State Grants. Forster Puffe seconded the motion and the vote was unanimous. Marston Tuck moved that a new Fort Tractor be purchased for use in the Street Department. This item was deferred to a later date. 315 (Continuation of April 7, 1975 Minutes) Earle Cochran requested that a copy of the minutes of Mayor and Council authorizing radar to be used within the City Limits be certified and mailed to the state office along with a letter signed by the Mayor. Mayor Pro-Tem Homer Kuhl submitted a letter from the Civil Service Board in which they recommended that Sgt. M.G. McCullers be promoted to Lt. to fill the vacancy in the Police Department. Earle Cochran moved that Council approve the recommendation of the Civil Service Board. E. R. Coalson seconded the motion which carried by unanimous vote. The effective date for the salary increase to a Lt.'s pay was called out as the beginning of the next pay period, or April 19, 1975. The meeting adjourned at 11:17 P.M.. April 21, 1975 The regularly scheduled mid -month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia on April 21, 1975 and called to order at 7:30 o'clock P. M. by presiding officer Mayor John Porterfield. All Councilmen were present except Ward #5 Councilman C. 0. Canada who was absent due to illness. Also present were L. W. Charles, City Clerk, Willouise Spivey, Asst. City Clerk, Nora Proctor, Clerk Lee Silver, Director of Parks and Recreation, J.E.David, Supt. of Public Works, C. C. Porterfiedl, Chief, Smyrna Fire Department, donald Atkinson, Asst. Fire Chief, Leon Hood, Building Inspector, Jack Lynn, Consultant Engineer, and a representative of the press. Invocation was given by Councilman Homer Kuhl. Mr. Bryan Cooper, member of the Smyrna Optimist Club, who was in charge of "Youth in Government" was welcomed to the Council Meeting along with the young people from Nash, Wills, Campbell, and Griffin Schools. Mr. Sam Walters, 2260 Trailwood Drive, complained about the sewerage charge he has been paying for the past three years and he is not on city sewerage. Mayor Porterfield explained that the new computer system had shown several discrepancies in billing and referred the matter to Councilman Forster Puffe to check out and make any adjustment necessary. City Attorney Bert T. Tate ruled that the state law covers the closing of billiard and pool rooms on Sundays. Mr. Tate was requested to draw up a new ordinance to cover these two items for the City of Smyrna. Sealed bids were opened, read, and are recorded as follows on a maintenance contract for public works radio equipment: Pro Service, Smyrna $91.50 per month Miller Communications, Smyrna 156.70 per month Ab-Com, Inc., Atlanta 132.20 per month Motorola Communications, Decatur 147.50 per month On motion by Earle Cochran the bids were referred to committee with authority tc act on the low bid. Jerry Mills seconded the motion and the vote was unanimous. Sealed bids were opened, read and are Park: Alfred L. Simpson & Co., Inc. Quarles Contracting, Inc. So. Ga. Sod & landscaping Co. Akins & Clark Grading Co. Henderson Landscape Contractors Decatur Fulton Corporation Mike Westmoreland Landscaping C Bob's Landscaping Service D. D. Strickland recorded as follows Bid #1 thru 5 $37,409.40 22,342.20 26,701.02 22,674.00 20,989.70 31,872.00 15,902.67 17,976.00 22,281,50 on seeding of King Spring Alternate $61,634.40 35,167.20 36,676.02 34,786.50 46,639.70 None 30,152.67 32,226.00 40,490.00 All bids were referred to the Parks and Recreation Committee, Lee Silver, and J. E. David, to evaluate and bring a recommendation to the next meeting.