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08-02-1971 Regular MeetingAUGUST 2, 1971 �y PAGE 1 The regularly scheduled meeting of Mayor and Council was held', pursuant to the Charter, at City -Hall;, Smyrna, Georgia', on August 2, 1971 and called to order at 7:30 P.M. by presiding officer Harold'L. Smith: All Council Members were present: Also present: L. W. Charles, G. W. Carreker, D. S. Jackson, N. Proctor, Leon Hood, George Hardy of-Mayes,-Sudderth and Etheredge, and a representative of the Mariett-a'Journal and WBIE. J. E. Davis was on vacation. Invocation was given -by Councilman Hurbert Black. Under Citizens Reports, Councilman Homer Kuhl'submitted a"petition fora one -chair beauty shop to be located in -the garage area of the residence of Mrs. Stephen Ruddell at 831'McL•enden Avenue. The petition was signed by all residents -within a 300 foot radius of Mrs. Ruddell,'s residence stating they had*no objections -to the operation. The permit was granted on motion by Homer Kuhl, second- ed by J.-C. Porterfield. The vote was unanimous. ' Mrs. Milton -Bennett of the•Cobb-Marietta League -of Women Voters,r gave a report on the progress to date made by .the committe appoint- - ed-by Mayor Harold ;Smith to study and make recommendations on a dual city -county voter registration.system. Mrs.. Bennett stated the city's list of registered voters had been keypunched with -the county list. $2.50 was the estimated cost per"copy for a,listror 4 cent per registered voter per list. It was stated the'city's list would be accepted by the county; however, each'regisiered voter would be required to sign a card as required by law. ' The' - wards in the county and the city would be the same, making it necessary -that the county add -extra wards -for the county -voters -in x the Smyrna districts. Mrs. Bennett assured Council•'that every possible effort would be made to keep all eligible persons,'on, the'-`"''., 44 voters lists. A deputy registrar for the City of Smyrna would , have to be appointed. This -person would be'responsible for -sending - the signedccards to the county, the'county in turn would notify each person where they would votes The cost of the dual city - county system was estimated et .'$3, 500.00 and r14% of this � amount'- . t ` would be absorbed -by the City. - It was further reported, the committee had asked for census figures -from Washington. These figures would be" used 'in con jurictiorl with the voters lists -in making recommendations for -re -apportionment of the wards and the re -apportioned wards would have to•be approved by the U. S. Attorney General. It was the consensus of Mayor and, Council that this should be done after-the'November 601971,City election. ` On motion by Marston Tuck, the City ,agreed to adopt -a, dual 'city - county registration and to participate in- the cost of combining the lists at 1076 of the total cost. The motion was seconded by Hubert Black. Vote on the motion was unanimous. A request was made by Mr. John J. Murphy of the Weoga Corporation to set a hearing date to rezone property located at 1275 and 1285 Hawthorne Avenue from C-1 to C-2. On motion by Marston'Ttick, • seconded by Hubert Black, September 7, 1971 was,the date set for consideration of rezoning the above property. Vote on the motion was unanimous. Attorney Charles A. Cole, Jr. requested property known as-676 Cherokee Road be rezoned from Distrio:t C to C71; office use. On motion by Homer Kuhl, seconded by Marston Tuck, hearing date for the rezoning was set for September 7, 1971. The vote,was unanimous. r `PAG E 2 ; r � (CONTINUATION OF AUGUST 2, 1971 MEETING) R A request was submitted to Council by Mr. E. Y. Smith to rezone property located at 1311 Hawthorne Avenue from DistrictCCCItorC=1- commercial, office use. On motion by J. C. Porterfield, seconded by Homer Kuhl; -September 7, 1971 was_tie date set•for hearing -on the Vote,,;on zoning. Vot;on the motion was unanimous. There was.no report on,Atlanta- Street widening project. > Plans to widen _ the intersection at Highview ,Drive and North Cooper Lake Road were deferred -to the next meeting, Mr. Berl Tate appeared before Council as representative for home owners on Love and -.Concord rights -of -way. Messrs Dyar Eubanks, Mayes Hamby, J. P. Cranshaw, Pitner Dorris and others also questioned the '40 foot, right-of=way the State 'Highway ,D,epartment _ plans show the City owns: J. C. Porterfield stated.he would set up_a meeting -with Mr. - Tate;• Mr. Eubanks and - others _ in , the .area :within the -next - few days. In the meantime -he would- try -to determine how the: State Highway Department obtained their right-of-way---figures.- The following was referred - to City Attorney_G:_-W. Carreker, and J, E. David, Public Works Superintendent: (1) To instigate the following changes in -an easement.of record,-L. L.,262; 17th District; Second _ Se^tion, City of.smyrna, a certain easement referred to on the\plat as an Access Drive, and.being adjacent to Lot-#15, Block K.,,of the'peer- wood Subdivision. _ (2) . Developer will;_ submit --relocation, of._easement per plat indicating Access Drive -to lift - station in rear,,of 'Lot 20, Block -K, Deerwood', Subdivision. Commercial building ?emits -were submitted by Building Inspector Leon Hoqd and upon 'his recommendations the following action is recorded: 1. Taco -Bell, `structure changes (formerly Minnie Pearl), 2230LSouth Cobb Drive.',Approved unanimously gn..motjon,by-C. 0. Canada, - seconded -by -Marston Tuck. 2. E. Y: Smith, addition and renovations, 1311-Hawthorne Street.- -Postponed until after rezoning ,he-aring_September 7., 1971. 3. Mr. Beasley, 7.-Eleven Food Store, Old Concord Road, rear of Sears Store. Approved unanimously on.motion by C. 0. Canada, seconded by Arthur T. Bacon. 4,. 31 x.4' non -lighted sign, Smyrna Health Foods, Atlanta Street. Approved unanimously on motion by,J. C. Porterfield, seconded by Art hur,T. • Bacon. ; Mri-Hargld- Thompson appeared -before Council -requesting Council action to help eliminate the many wrecks on his property at the.corner.,-of Concord Road and Havilon Way. This item was referred to the Street Committee.- J. C. Porterfield, Chairman Hof, the Committee, was .asked to contact -the county -in reference 'to- a solution to 'the problem -,and., -report back at the -next Council meeting. Ordinance and fees for naturally fermented beverages was referred to the Malt Beverage committee. . Sealed - bids were opened 'and recorded as follows -on a, truck and body for the - sewerage treatment rplant: Truck John Smith Company, Atlanta $ 2,869.97 Day's Chevrolet, Acworth'(Too late for 1971) �No Bid, Heard Equipment Co.',. Atlanta (Reading Model) (Morrison) Brooker Truck Equipment Co., Atlanta Wm. & Harvey Rowland, Atlanta i r Body $ ,961.00 849.00 789.00 795.00 , PAG E 3 (CONTINUATION OF AUGUST 2, 1971) C. 0. Canada motioned the bids be referred to the sewerage and garage,committees for checkout and recommendations.. The motion . was seconded by Hubert Black. The vote was unanimous. Two bids were received and recorded as follows on two tennis courts paving, and fence at Jonquil Park: C. W. Matthews (1111 S. Y.) $ 2 777.50 John Hancock Paving (1125 S..Y. ) $ 3,093.75 On motion by Marston Tuck the bids were . referred to 'the Parks Committee with authority to act on lowest bid. The motion was seconded by J. C. Porterfield. The vote was unanimous. The overlay for a recreational field on -Powder Springs Street was referred to the Parks Committee -for study and. recommendations. Parks Committee Chairman Marston Tuck reported that a•parcel of land was available for purchase on Hunter Street at a cost of $22,500, which, if purchased by the City, could be made a part of Brinkley Park. He further stated a meeting would be held within the -next -day or so to discuss this matter and recommendations would be made after the meeting., - In connection with the contract and easement for sewer facility to the roller rink, it was. brought out in Council that Mr. Bobby J. Crowe objected to an easement through the middle of his `. property (three lots), to the location of a man hole, and requested steel pipe be used. The permanent easement would be 10' and the. construction. easement 201. A proposal to give Mr. Crowe three free sewer taps and ten years free sewerage was dis- cussed. Councilman Hubert Black motioned that we tentatively approve an amount not to exceed $200 for sewerage and free tape ons in order to secure the easement and get the line installed. The motion was seconded by Arthur T. Bacon and vote on the motion was unanimous. A request was submitted to.Council for annexation of the new Bank of Smyrna property located on Herodian Way and U. S. 41. The property was .annexed •into ,the corporate limits -bf the City of Smyrna on motion by Homer Kuhl with the* understanding sewerage would be furnished to the new structure at an approx- imate cost of $3,000.00 of which the City and the Bankof Smyrna, would share .an •equal• part. The motion was seconded by C. 0. Canada. Vote on the motion was unanimous., This property will become a part of Ward #1. �. Of the six proposals prepared by Mayes,. Sudderth and Etheredge to provide sewerage to the'Burson property (Norsemen Apartments) on Herodian Way, the engineering firm recommended Alternate VI. This alternate involves the installation of a gravity line to Interstate 75,' boring under Interstate 75, and connection to the Rottenwood Creek .interceptor with provisions to,discharge the waste flow to the Interstate North sewage treatment plant until the Rottenwood Creek temporary sewage treatment plant is opera- tional. The total cost.for this plan was estimated at $67,300, PLUS possible cost of temporary .lift station,4 10,000. One other possibility mentioned was to run the line through the culvert owned by the -State Highway Department: J. C. Porterfield,recom- mended that we, get an answer regarding the culvert, then call a special meeting to take action on the project. Mayor Harold Smith read a letter from ,the .State Water Quality Control Board stating the.Nickajack Creek Interceptor Sewer and Lift Station will be placed in operation about August. 15, 1971 which would provide a mechanism for the elimination of the Church Road Plant. The letter also stated Cobb County had been directed to proceed immediately with the design and construction of the " Bohannon Creek sewer and, upon its completion, the City of Smyrna is directed to eliminate the Bohannon Creek treatment -plant and discharge all waste from this sewer.system to the new -county system. This,action.should be completed by :February, 1972. The original date for retirement of the Bohannon Creek Plant was . December 31, 1972., 1 T PAGE 4 (CONTINUATION -OF AUGUST 2, 1971) Tax Assessor D. Scott Jackson gave a report on delinquent taxes as follows: Of the 205 originally notified, 137 had paid, leaving 68 delinquent. Total amount of the 205 bills amounted to $7,356.00, the amount of the 137 collected amounted to $4755.84, leaving a balance of�$2,600.16. On motion by Marston ruck, seconded by,Hubert Black, Lt. John Young of the Police Department, was promoted to Captain, effective August 1, 1971. Promotion of Lieutenants was held up until October.l, 1971, in accordance .with budget figures. . Proposed revisions to the Malt Beverage Ordinance were deferred to the next meeting.. I _ The ordinance as submitted by G. W. Carreker, City Attorney, relative to qualification of -candidates --for the.'City of Smyrna General Election was adopted on unanimous vote -on motion by Marston Tuck,•seconded by Homer Kuhl. _ ORDINANCE BE IT ORDAINED by the Mayor and Council of the City_of Smyrna, and it is hereby ordained of same, as follows : That the -qualification of candidates for the City of Smyrna General Election .to be held November 6, 1971, ,shall be set as follows: Each candidate or his agent shall file notice of his candidacy in the office of the Clerk of said city with _the qualification of candi- datgs-�being opened on September 22,_1971, at 9:00 A.M., and the qualification,of candidates to close on October 1, 1971, At 5:00 P.M. All other•rules.and regulations of said election shall be governed by the Charter of the City of ,Smyrna •when not in conflict with state laws. All ordinances and parts of ordinances in conflict with the above are hereby specifically repealed. -In the.event any section, sub -section, sentence, clause or phrase of this ordinance shall be declared or adjudged 'invalid or unconstitutional such adjudication shall in no manner. affect the other sections, sub-sectixons, sentences, clause"or phrases of this ozd.inance which shall remain in full -force and effect as if the section, sub -section, sentence, clause or phrase so declared o-r adjudged invalid or.unconstitutional was not originally a part ,.,hereof. 7 On motion by C. 0., Canada,, seconded by Homer Kuhl, Mrs.'Nora Proctor was appointed Deputy Registrar £or the City of Smyrna. Vote on the �,✓� motion was unanimous. The July 6', 1971 Minutes of Mayor and Council Meeting (only meeting in July) were approved as submitted on motion by C. 0. Canada, seconded by J. C. Porterfield: The vote was unanimous. Announcement was .made of the Goals for Georgia Program to .be held at South Cobb High School, August 4, 1971. , Comments were made by those, who attended the GMA Convention in July and all agreed it was very interesting and informative. � S The best use and disposition of two old police cars was discussed. On motion by Marston Tuck, the better of the two cars was assigned to the Fire Department for use by the Fire Prevention Bureau and is to be painted,red. The motion was seconded by Arthur T. Bacon and voted unanimously. The other old police car was assigned to the Civil Defense Department on motion by Marston Tuck to replace the 1957 sedan. Mr. Tuck stated they x planned to sell the 1957 sedan and old jeep, and with the money from the sale of these two vehicles, plus the amount set up in the budget, buy a four wheel drive vehicle for the department. The motion was seconded by Arthur T. Bacon. The motion carried five to two. For the motion, Marston Ruck, Arthur T. Bacon, Hubert Black, J., P. White and J. C. Porterfield. C. 0. Canada and Homer Kuhl voted against the motion. _ .. ,. r 3 ' (CONTINUATION OF AUGUST 12, 1971) PAGE 5 Councilman Arthur T. Bacon requested, -permission to send our a new garbage unit. Some members of Council stated they would like to. have a- second demonstration. of the vacuum type truck. J. C. Porterfield motioned that Mr. .Bacon determine- when- we could get -the vacuum type ,truck for.• another• demonstration. ° If the time, is unreasonable, to go ahead and send out bids for opening the first meeting in September or another garbage unit. The motion was, seconded by Arthur T; Bacon and voted unanimously. Finance Chaizman Hubert Black made a motion to transfer $1200.00 from the Contirigency•IFund to the Fire Department- to cover Income Protection Insurance which was left out - of the budget. The motion was seconded by Marston Tuck and voted unanimously. The Roy Wood Memorial Dedication Day was.discussed; On motion by C. 0. Canada the Dedication • Date was -set for the opening day' of the ball -season -in 1972. Mayor Harold Smith.requested that all recommended changes in the Codification of Ordinances .be made by. Saturday, !Aiigust 7, 1971. Mr. Black stated he would.take.the responsibility•of getting the recommended changes to the printers if they were°placed in his box Saturday. : rya Councilman C. 0. Canada brought up the problems of flooding in the Stone Creek area. J. C. Porterfield stated he would contact the State Highway Department, or write the Cartersville office -in regard to this matter. Meeting adjourned 11:43 P.M. ,HAROLD L. SMITH,, MAYOR L. W. - HARLE , L - MAR ON, TUCK; COUNCILMAN WARD 1 J. P. WHI E,, COUN IIMAN WARD 2 0 ,. 0 CII MAN -WARD_ 3. HOMER KUH , VLis C. 0. CANADA, COUNCILMAN lVaD 5 C: POR E IELD, COUNCILMAN WARD 6 RUBERT BLACK, COUNCILMAN WARD 7. AUGUST 16, 1971 , The regularly,scheduled mid-month!meeting.of Mayor and Council was held at City Hall; Smyrna, .Georgia;,.August ,16, 11971, and called to order at 7:30 P. M. !by presiding, -officer Mayor -Harold L. Smith: ,Ward.#2.Councilman J. P: White and -Ward #4•.Council- man• Homer Kuhl were -absent. All other Councilman, were present. Also present.:.L. W. Charles, City_C1erk,,G. W. earreker, City Attorney, .J. E. David; Supt. of Public .Works; D. ;Scott Jackson,' Tax- Assessor, Leon,Hood-, Building Inspector:; rN,. Proctor,,.George 1 1` Hardy of Mayes, Sudderth and Etheredge, and a representative of the Atlanta Journal, Marietta Journal and WBIE. Invocation was given by Representative Hugh Lee McDaniell.