07-22-1974 Regular Meeting(continuation of July 8th minutes) 260
Bids were opened on one Yazoo Front -cutting Industrial Tractor, Model YR36, and are
' recorded as follows:
O'Neals Power and Equipment Company, Marietta, Ga. $1460.00
V Blalock Machinery and Equipment Company, Atlanta, Ga. $1491.00
4
On motion by Marston Tuck, seconded by Forster Puffe, the bids were referred to
3 the Parks Department Committee for checkout of specifications and authority to
purchase if lowest bid meets specifications and report at next meeting.
u
M
Mr. Canada also stated an aerator for the parks was needed and was included in the
Parks budget.
Lee Silver reported that a water carnival was scheduled for July 23 with free
swimming in the afternoon.
Councilman Jerry Mills stated that he had interviewed Jack Eudy to fill the
vacancy as Supervisor of the Sanitation Department, and motioned that he be
approved as Supervisor at a salary of S8L5.00 per month, starting date to be July
15, 1974. Homer Kuhl seconded the motion which carried by unanimous vote.
Councilman Marston Tuck stated he had talked with residents of Rolling View Drive
and Farmstead Condominiums and all agreed that a redwood fence 20 feet from the
buildings of the condominimuns (within the buffer zone) would be an asset to all
concerned. Mr. Tuck motioned the fence be`approved. The motion was seconded
by Earl Cochran and the vote was unanimous.
Councilman E. R. Coalson motioned that the Mark Turner house on Cherokee Trail
be condemned. Mayor Porterfield requested the Building Inspector to get with
the other City inspectors to inspect the house and make a recommendation as to
whether it should be condemned.
Councilman Homer Kuhl stated that Jim Leisendahl would like to meet with Council
Members one night this week on the sign ordinance, community facility report,
and reports and studies to be funded from new budget. A meeting was set for
6:00 o'clock P. M., July 10.
On motion by Homer Kuhl, seconded by Forster Puffe, the firm of Perry and Pate
was approved to make the fiscal year audit at a cost of $3000.00. Vote on the
motion was unanimous.
The meeting adjourned at 9:20 P. M.
JULY 22, 1974
The regularly scheduled mid -month meeting of Mayor and Council was held at City
Hall, Smyrna, Georgia, July 22, 1974 and called to order at 7:30 o'clock P. M.
by presiding officer Mayor John C. Porterfield. All Council Members were present.
Also present were L. W. Charles, City Clerk, Willouise Spivey, Asst. City Clerk,
Bob Burchfield, Administrative Assistant, N. Proctor, Clerk, J. E. David, Supt.
Public Works, Leon Hood, Building Inspector, Lee Silver, Director, Parks and
Recreation, Don Atkinson, Asst. Fire Chief, Joe'Briggs, Consultant Engineer and
a representative of the press.
Invocation.was given by Councilman Homer Kuhl.
Zonings: The first order of business was a zoning.bearing requested by Mr. Stephen
E. Brown on.property located in Land Lot 634, Roswell Road, from RM-12 to O.D.
Mr. Brown stated the property, if rezoned, would be used for offices on the front
of the property and warehouses in the rear. -A site plan was submitted. Ms.
Jackson of 2884.Anderson Circle expressed concern for the children walking to
Hawthorne School. She was assured sidewalks would be installed in accordance
with the City ordinance. Mayor Porterfield read an excerpt from the minutes of
the Planning and Zoning Board Meeting held July]],, 1974 which recommended the
rezoning with the stipulation that the petitioner offer a fifty foot undeveloped
buffer along Smyrna Roswell Road, with no access into property from Smyrna Roswell
Road -- all access to be from Hawthorne Street. C. 0. Canada motioned the zoning
be approved, per the conditions set forth by the Planning and Zoning Board, and
brick veneer rather than stucco to be considered at the time the building permit is
requested. Jerry Mills seconded the motion which carried by unanimous vote.
261 (continuation of July 22nd Minutes)
,e
(2) A zoning hearing was held on property located in Land Lot 594, Spring Street,
from R-15 to Future Commercial. Mr. T. W. Hughes acted on behalf of the petitioner.
Mrs. Jackson of 2884 Spring Street opposed the rezoning stating five persons on
Anderson Circle did not sign -the petition stating they had objection and a business
at that location would be a hazard to children and the elderly. Forster Puffe
moved that the application be denied. Homer Kuhl seconded the motion. The
vote was five for the motion:- Forster Puffe, Homer Kuhl, Jerry Mills, Earle
Cochran and Marston Tuck. Voting against the motion, C. 0. Canada and E. R.
Coalson. Hugh Lee McDaniel] spoke in favor of the petition to rezone. It was
agreed by Mayor and Council that an over all study of the area regarding future
zonings should be made. Mayor Porterfield stated hopefully this could be done
within the next month and that Mr. Hughes and citizens in the area would be
notified of the meeting held to discuss future zonings. (The Planning and Zoning
Board recommended that the above mentioned property be zoned from R-15 to F.C.
limited to Office Institutional and Limited Commercial.)
(3) A zoning hearing was held on property located in Land Lot 523, Concord Road,
from Future Commercial to Limited Commercial. Mr. D. S. Caswell represented
himself as petitioner. No one appeared in opposition to the rezoning request.
It was the recommendation of the Planning and Zoning Board that this property
be rezoned from F. C. to L. C. with the condition that any further development
or buildings have the site plans submitted before the Planning Commission first,
then to Mayor and Council prior to such development. Homer Kuhl motioned the
property be rezoned from F. C. to L. C., per the recommendation of the Planning
and Zoning Commission. The motion was seconded by Forster Puffe and vote on the
motion was unanimous.
Annexations: A request by Mr. Lynn Chastain to annex five lots on -Lake Drive at
the Park Side with request for access to the Park Road was denied on motion by
C. 0. Canada,, seconded by Earle Cochran. Vote on the motion was unanimous.
(2). A request by Grice and Associates to annex property known as 2620 Matthews
Street, Parcels 9 and 10, located in Land Lot 592, was approved on motion by
Earle -Cochran, seconded by Homer -Kuhl. Vote on the motion was unanimous. (The
property to be made a part of'Ward #3.)
Commercial building permits were submitted by Building Inspector Leon Hood and
upon his recommendations the following action is recorded:
(1) Wendy's Hamburger Company, located at the corner of South Cobb Drive and
doneshaw Road. The permit was -approved on motion by Jerry Mills, seconded by
Homer Kuhl, and vote on the motion was unanimous.
(2) Request by Columbia Engineer Company, to add two new theatres to Cobb Center
Theatre in the rear. The building inspector recommended approval subject to
checkout and final approval by the Fire -Marshall. The permit was approved on
motion by E. R. Coalson, seconded by Marston Tuck, subject to the above recommend-
ation. Vote on the motion was unanimous.
(3) A request was made by Billy Anderson and John Hicks for a self-service
gasoline station at their present location, Gas & Glo, 3307 South Cobb Drive.
On motion by Earle Cochran; seconded by Jerry Mills; the permit was approved
"subject to checkout of the Fire Inspection Bureau. Vote on th*e motion was
unanimous. '
Item No. 15,"Approval of Agreement, City to.complete Addition to City,Ha11'as
Owner, Contractor was the next order of•business. Councilman C. 0. Canada
motioned that the agreement between Leon Hood and the City of Smyrna for the
construction of the additon to the City Hall be approved in the manner pre-
viously worked out between the parties, that being that Mr. Hood is sub -contracting
from the City, will furnish all insurance coverage, and will use his and City
employees. For his services, Mr. Hood shall be paid 15% of costs, not to exceed
$12,000.00. Homer Kuhl'seconded the motion which carried by una6imous.vote.
Item 17 of the Agenda, Discussion on Inspection and Action, Mark Turner property,
Cherokee Trail, was the next order of business. Building Inspector Leon Hood
stated that all four inspectors had inspected the housei;and although it is a
hazard so far as children are concerned, and, also that it -does need some work
done on it, he does not at this time recommend condemnation. Mr. Hood stated
he felt sure Mr. Turner had borrowed money on the house; therefore, if it should
be c6hdemned, the Cit)P would be liable for a law suit. City Attorney Berl T.
Tate stated he might be able'to•work out a solution if Mr. Turner would contact
him or return his calls. Mayor Porterfield stated he would write Mr. Turner
a letter asking him to appear before Mayor and Council or contact him personally.
(continuation of July 22nd Mintues)
Bids were opened on paving of sidewalks on the north & south right-of-way of
Love -Concord to King Springs Road and are recorded as follows: t`
Neel Contracting Company, Atlanta, Georgia:
(1) South Side King Street to King Springs $4160.00
(2) North Side King Street to State Rt #3 .00
Lump Sum for Both Projects....................:..:..$9539.00
Dressing, grassing, insurance, labor, materials included in lump
sum price.
C. W. Matthews Contracting Company, Marietta, Georgia:
(1) Lump Sum Grassing between sidewalk & roadway $1000.00
(2) Lump Sum Grading 3000.00
(3) 1,129 Square Yards of 4" Conc.Sidewalk @$6.00 6774.00
Total Lump Sum.....................................$10,774.00
262
Forster Puffe motioned that the low bid of Neel Contracting Company be approved,
subject to further information from the State Highway Department. The motion'
was seconded by Earle Cochran. Vote on the motion was unanimous. It was agreed
that a definite completion date, with penalty -clause, be included when the bid
was let. J. E. David was requested to contact Mr. C. W. Matthews again in regard
to finishing the curbs on Love -Concord.. Traffic control device at Love and King
Street was deferred.
It was reported that Mr. Bob Farrar had completed appraisals on nine parcels of
land on Atlanta Street, from Love Street Extension to Spring Street. These were
turned over to Bob Burchfield to contact the property owners to determine if
they would accept the appraisals; if not, it would be left to the courts to
decide. I-t was agreed that Mr. Farrar's fee on the nine parcels in the amount
of $3,400.00.would be paid from State Grants funds.
On motion by Forster Puffe, seconded by Homer Kuhl, four-way stop signs were
approved for the intersection of King Springs Road and Daniell Drive with "stop
signs ahead'.' on King Springs Road. Vote on the motion was unanimous. J. E.
David to follow through on this.
A hearing was held on application for a malt beverage and wine (package) license
made by Dora Faye Harris, The Kroger Company, 2412 Atlanta Street. On motion by
C. 0. Canada, seconded by Forster Puffe, the applications for Malt Beverage
and Wine (Package) were approved on a four to three vote. Voting for the motion,
C. 0. Canada, Forster Puffe, Jerry Mills, and E. R. Coalson. Voting against the
motion, Homer Kuhl, Earle Cochran and Marston Tuck.
J, E. David reported he had contacted Mr. Sutton with the County and had been
promised the sewage pump out schedule would be increased at the man hole near
the residence at 3305 Sleepy Lane. Mr. David further stated he would make
periodic checks to insure this is being done. He stated the county out -fall
line should be completed this fall.
C. 0. Canada reported the Yazoo industrial mower, model YR36, met all specifications
and had been purchased for the Parks Department.
On motion by Marston Tuck, Mr. Marion Wilhelm was appointed to fill the vacancy on
the Parks and Recreation Committee. Forster Puffe seconded the motion which
carried by unanimous vote.
Sunday, July 28, 1974, at 2:30 o'clock P. M., was the date set for Open House at
the New Fire Station.
On motion by Homer Kuhl, seconded by Earle Cochran, August 5, 1974 was the date set
for hearing of Appeal from Recorder's Court as requested by G. N. Bennett. Vote on
the motion was unanimous.
Report on meeting of July 10, 1974, Facility Report and Sign Ordinance, was deferred.
The Agenda completed, further action by Mayor and Council is recorded as follows:
(1) Mayor John C. Porterfield stated several hospitalization plans, including the
G.M.A. plan, had been reviewed -- some companies were not interested in insuring
263 (continuation of July 22nd Minutes)
employees of municipalities, some were more expensive, and others had less coverage
than we now have. After reviewing all plans, it was decided that the plan we have
at present gives better coverage for the money than any of the other companies
contacted. On motion by Forster.Puffe, seconded by Homer Kuhl, it was agreed that
the City would stay with Kennesaw Life and Accident Insurance Company. Vote on
the motion was unanimous.
(2) At the request of C. 0. Canada, Leon Hood was asked to inspect the house across
from Mrs. Emmett for poss16fe"con8emnetion . (Location 1566 Spring Street)
(3) Jerry Mills -requested Attorney Berl T. Tate to give his interpretation of a
game of chance. Mr. Tate asked'Mr. Mills to call him at his office the following
morning where all papers pertaining to this ordinance were on file. Mr. Tate
further stated he would have a copy of the State Law at the next meeting.
(4) Earle Cochran asked clarification regarding vacation time of an employee with
ten years broken service. Mayor Porterfield stated this was determined at the time
of rehiring.
(5) Forster Puffe recommended that vacation and sick leave time be brought up to
date with what is offered in the metro area.
(6) Marston Tuck motioned'that'bids'be opened'on the movie projector for the
Civil Defense Department at the August 19, 1974 meeting. The motion was seconded
by C. 0. Canada and the vote on the motion was unanimous.
(7) E. R. Coal -son asked if there was an easement granted on the ditch between
Trailwood Drive and San Fernando. J. E. David stated he did not think so, but
would check.
(8) Homer Kuhl called a finance committee meeting,.with all council members
invited, for 7:00 o'clock P. M., Wednesday, July 23, 1974. The purpose of the
meeting is to discuss and prepare report on Revenue Sharing for next year, also,
to discuss and make recommendations on the new minimum wage control act.
(9) Berl T. Tate stated he would meet with Buddy Darden Thursday on "plea of
guilty" by Richard Gunter.
0 0) In regard to the Civic Center, Mayor Porterfield stated all Councilmen would
have an opportunity to vote on the final agreement before it becomes law.
The meeting adjourned at 9:40 o'clock P. M.
HN C. PORTERF 1 E• 0, MOOR L. W. HARLES, C,tTY CLERK
MARS7 TUCK, COUNCILMAN WARD,#1. FO S,TER PUFFE, C
MIL ,_,COUNCILMAN WARD #3- HOMER KOHL, COJJ iLMAN WARD
0. CANADA, COUNCILMAN WARD
#5
1.4, r , , " 4 4 f 4
EA LE COCHRAN, COUNCILMAN WARD #7
ELBERT COALSON, COUNCILMAN WARD