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08-05-1974 Regular Meeting264 AUGUST 5, 1974 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter at City Hall, Smyrna, Georgia, August 5, 1974, and called to order at 7:30 o'clock zj P. M. by presiding officer Mayor John C. Porterfield. Councilman Homer Kuhl of Ward #4 was on vacation, and Councilman Earle Cochran was delayed but arrived at the meeting at 8:00 o'clock P. M. All other Councilmen were present. Also present were: L. W. Charles, City Clerk, Willouise Spivey, Asst. City Clerk, Nora Proctor, Clerk, Vic Broyles, Asst. Supt. of Public Works, Lee Silver, Parks Director, Leon Hood, Building Inspector, C. C. Porterfield, Fire Chief, Donald Atkinson, Asst. Fire,Chief. J. E. David was absent. Invocation was given by Councilman E. R. Coalson. Attorney Gregg Griffin appeared before Mayor and Council in regard to the dispute between Mr. Leon Faulkner, 590 Wooddale Dr. and Mrs. Harold W. Hyde, 625 San Fernando i Dr., on clean out of a ditch in the Trailwood-San Fernando area. Mrs. Hyde had stated the easement ditch was on her property and she intended to have the ditch filled in. This action would cause Mr. Faulkner to have a worse water drainage problem than he has at the present time. City Attorney Berl T. Tate was requested to check to determine if an easement had been recorded. Vic Broyles was requested to inspect the property to determine if piping the ditch would solve the drainage problem and make recommendations at the next meeting. k There were no zoning petitions, hearings nor annexations to come before Mayor and Council. A hearing was held on Appeal from Recorder's Court Decision in the case of Mr. G. N. Bennett. After hearing testimony from Mr. Bennett Dean, witness, and officer McBerry, Council upheld the decision of Recorder's Court. C. 0. Canada made the motion to uphold the Recorder's Court decision. Jerry Mills seconded the motion. All Council- men voted for the motion except Earle Cochran who abstained. Mayor Porterfield stated he had discussed Love -Concord "progress with J. E.'David ' and Mr. David stated he thought the black top would go down this week. He indicated all drive ways had been completed, also the radius at Atlanta Street and King Street had been completed. It was also reported that Neel Contracting Company was prepared to install the sidewalks, per bid submitted, as soon as C. W. Matthews Contracting Company had completed the paving. Mayor John Porterfield stated he would like to discuss with Council a letter received from Mr. Bert Lance, former Director, Dept. of Finance, on Saturday morning, August 10, 1974. There was no report on a traffic control at King Street. Forster Puffe stated that some appraisals on Atlanta Street property had been turned over to Bob Burchfield and he was working with the owners on these appraisals. Vic Broyles was requested to change the sign in front of the Gulf Station on Atlanta Street from 45 miles per hour to 35 miles per hour. There were no commercial building permits to come before Mayor and Council. Building Inspector Leon Hood stated the owner of property located at 1566 Spring Street had been notified the property could not be occupied until all repairs and clean up of yards as outlined in his letter had completed. If this is not done within thirty days the property will be condemned. Marston Tuck reported that the real estate company had rejected the offer of $35,000 for the property on Concord Road at South Sherwood, 100' X 325', tentatively being considered for a new fire station. A counter offer of $38,500 was offered. Mayor Porterfield requested that an appraisal be obtained from the county on the property prior to Saturday morning. City Attorney Berl T. Tate stated Mark Turner had contacted him by phone and stated his lawyer was preparing an injunction against the City in regard to his property on Cherokee Trail and that he did not intend to return to Cobb County until this had been done. Mr. Turner further told Mr. Tate that he was working on the house to get it completed and Councilman E. R. Coalson confirmed the fact that some work was being done. Mayor J. C. Porterfield requested that he be notified when the first warrant was issued. I 265 (continuation of August 5, minutes) Jerry Mills read a proposed amendment to the Code of Ordinances of the City o: %Smyrna as follows: 1 "BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME AS FOLLOWS: Section 18-5026: of the Code of Ordinances of the -City of -Smyrna, Georgia, is hereby amended as follows: By striking said Section in its entirety and substituting in lieu thereof the following which shall henceforth be designated as Section 18-5026, Gambling Operations: It shall be unlawful any pinball machine, gambling device, or any other machine or device for which,a &bbl�ng stamp is required by the Internal Revenue Service of the United States Government. It shall be lawful to operate any machine or device not included in the above definition." On motion by Jerry Mills, seconded by Marston Tuck, the amendment to the Code of Ordinances was approved by unanimous vote. Appointment of a new member to'the Planning and Zoning Board was postponed until a letter of resignation from Mr. Ralph Reimer has been received. It was requested that one councilman be appointed to sit in on the Planning and Zoning" --.Board meeting each month and this be on the Agenda for the first Council Meeting of each month. Marston Tuck volunteered to attend the Planning and Zoning Board meeting in August. f A letter from the Marietta Housing Authority was submitted by Mr. Lee Silver in regard to a program for senior citizens to be set up at the Teen Canteen in conjunction with the Marietta -Cobb Community Service Center: The letter stated the basement of the'Teen Canteen was acceptable for the program based on the following: A. Screens be put on all outside windows and doors. B. A finished ceiling with proper lighting be provided. C. Permission for the MCCSC to put a small refrigerator/stove unit, desk, telephone and a couch and chairs in the Center. D. An access drive for the van to the side door inccase of emergency or bad weather. E. Exclusive'use of the facility by the senior citizens at least four hours a day, Monday through Friday. F. The City of Smyrna will pay all utilities and maintenance cost on the ' facility The program was adopted on motion by Jerry Mills, seconded by Forster Puffe, with deletion of item D. Vote on the motion 6iasrun-"ri=- sus. It was reported that a contract for the Civic Center was in preparation and when completed wouldcbe aenttfotthe City, -for approval, then back to the School Board for their approval. It was also reported that the next meeting of the Civic Center Committee would be held Wednesday night at 8:00 P. M., on August 7. 1974. On motion by Forster-Puffe, seconded by Earle Cochran,"the minutes of the July 8, 1974 Council Meeting were approved. Five voted for the motion, Marston Tuck, abstained. On motion by Earle Cochran, seconded by Forster Puffe, the minutes of the July 22, 1974 Council Meeting were.approved as submitted. Five voted for the motion, Marston Tuck, abstained. Departmental reports were deferred to the next meeting.' (continuation of August 19th minutes) 266 All action on sanitation deposits, water deposits, and unpaid wate_r.bills, was deferred to the next meeting. On motion by Marston Tuck, seconded by E. R. Coalson, Council Meetings for September were changed from the first and third Mondays, to September 9th and 23rd, due to Labor Day holiday. Vote on the motion was unanimous. C. 0. Canada reported the golf driving range+in rear of Mr. Steaks on South Cobb Drive was a nuisance to the neighborhood-, one lady having picked up 300 balls from her yead. The building inspector was requested to write a letter to the owner giving him 30 days to erect an adequate fence. It was agreed by Mayor and Council that.Victory,Cab drivers would have to be cleared through the police department if they are to drive in Smyrna. Speed breakers in residential areas was referred to the streets committee and police committee for study and recommendations. It was reported that King -Williams had made 'arrangements to pay their delinquent water bill. The City Attorney reported he had heard nothing further on the business license fees, concerning apartments and real estate. - The meeting adjourned at 8:40 P. M. AUGUST 19, 1974 The regularly scheduled mid -month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, August 19, 1974, and called to order at-7:30 o'clock P. M. by presiding officer Mayor John C. Porterfield. All Councilmen were present. 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, Leon Hood, Building Inspector, Don Atkinson, Asst. Fire Chief, W. L. Westbrook, Plumbing Inspector, Joe Briggs, Consultant Engineer, and a representative of the press. Invocation was given by Councilman Homer Kuhl. Under Agenda Item 2, Reports from Citizens, Mr. and Mrs. C. K. Panter, of 1084 Fleming Street, appeared before Mayor and Council in regard to their inability to tap on to the recently installed sewer line in Fleming,Street. Mr. Panter stated the tap should be 10 lower for him.to tap on. He also stated that of the eight homes on Fleming Street, only three had been able to tap on to the sewer line. Mr. Joe Briggs of Mayes, Sudderth and Etheredge, requested that a member of his firm be permitted to inspect the basement of the Panter home to study all alternatives and find a solution to the problem. 'Mr. Panter was agreeable to this proposition. Mr. Joe Hardin is to arrange a meeting; at the Panters' convenience, at which time Mr. W. L. Westbrook, City Plumbing Inspector, will be notified in order that he may meet with both parties. A recommendation to correct this problem, as well as, the problem of other residents on Fleming Street tapping on to the sewer line will be made at the next meeting. Mr. Jerry Weiner, 3305 Sleepy Lane, also appeared before Mayor and Council regarding the backing up of sewage into his home. Mr. Weiner stated the county had waited at least two weeks on one occasion to pump out the man hole. Marston Tuck motioned that all building permits pertinent to that sewer,line-be brought before Mayor and Council before being issued by the building inspector.. Earle Cochran seconded the motion which carried by unanimous vote. Mayor Porterfield requested J. E. David to set up a meeting with Mr. Sutton of the Cobb County office in Mr. Sutton's office and inform him of the time of the meeting in order to work out a solution to the problem. The debris in the'area and low spot in Mr. Weiner's front yard was referred to J. E. David for check out and report at the next meeting. There were no zonings nor annexations to be brought before.Mayor-and Council. City Attorney Berl T. Tate reported there was no easement of -record on -the ditch in the Trailwood-San Fernando area. E. R. Coalson stated he understood that Mr. Faulkner's lawyer was trying to get an injunction against Mrs. Hyde to prevent filling in of the ditch. J. E. David was requested to talk with Vic Broyles on his checkout of the area.