08-16-1971 Regular Meeting3
' (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.
PAGE 6 (CONTINUATION OF AUGUST 16 1971
Mr. James H. Barfield of 2040 Argyle Drive appeared before Council
with a. complaint of the noise, resulting from. young people riding
mini bikes and trail bikes at the rear of his home on vacantn
property owed by •W.• A. MacKenna. Mr. Barfield' stated he 'had
discussed the.problem with parents of the young people and with
Mr. MacKenna.- The -parents were not cooperative, and. due to damage
to his property in the past, Mr. MacKenna felt.he could do-nothing
about this matter. The problem was referred to the Police Depart-
.ment for checkout, and to the City Attorney for checkout of
ordinance on nuisance.
Commercial building permits were submitted by:Building Inspector Leon
Hood and upon his recommendations the following action is recorded:
1. Request from Rondak Construction Company to build fifty two bed-
room ,and twenty three bedroom apartment units 'on Atlanta Road,
directly across from Campbell High School, (formerly Maud Parks
property). Sewage to the apartments was -discussed and it was
brought out that an easement through one parcel of land had not been
obtained. Mr.. C. 0. Canada stated he would be glad to discuss the
easement with the.owner, Mr. Pero. J. E: David was also asked to
work with the contractors and home owners to try to find a solution
to this problem. Another possibility would be to pump sewerage from
Navaho Trail. The building permit was approved unanimously on motion
by Arthur-T. Bacon, subject to a solution on the sewage problem. The
f
motion was seconded by C. 0. Canada.
2. Anderson and _Hicks requested a permit for an auto car -wash -service
station, on Cherokee Road. The permit was.approved by unanimous vote
on motion by Marston Tuck seconded by J. C. Porterfield.
�-
3. Request for a sign, Texaco, at the same location was approved on
motion by C. 0. Canada, seconded by Marston Tuck. Vote on the motion
was unanimous.
4. Request for sign permit, Tenneco Oil Company,, 4-Lane Highway.
Approved on motion by Marston Tuck, seconded by Arthur T. Bacon. The
vote was unanimous.
5. Building Inspector LeorL Hood stated he was requested by a citizen
of Smyrna to inspect a house at 2631 Brown Circle, owned by Mr. Ted
DeWeese, as to the livability of the residence. Due to the condition
of the house, Mr. Hood stated it should not be rented and he recommend-
ed the house be condemned and the owner notified.. Marston Tuck motioned
that the City Building Inspector be instructed to notify Mr. DeWeese,
owner of the property at 2631 Brown Circle, that the house is not in
compliance with City Ordinances and that he has thirty days to bring
it up to the required standards. If this is not done, the matter will
be brought back to Council for condemnati-on. The motion was seconded
by C. 0. Canada and voted unanimously.
Building Inspector Leon Hood stated he would enter the hospital
August 17, 1971, and recommended Don Plott to make the inspections
during his absence, approximately three weeks. On motion by C. 0.
,Canada, .seconded .by' -J.- C. -Port erfield; Mr. Don,-•Plott was' approved to
fill in for Mr. Hood during his absence. The vote was unanimous.
Councilman Marston Tuck reported that some members of Council and
several citizens had questioned the issuance of a business license
to Frank Whittle Enterprises to sell the "Great Speckled Bird" in
the City of Smyrna. 'Several -members --of Council also stated they had
been selling the papers in the streets which was in violation of the
stipulations under which the business license was issued. Marston
Tuck motioned the license issued.to,Frank Whittle Enterprises be
revoked since they have already violated the restrictions placed on
them at the -time the license was issued, -.and further, requested the
City Clerk to , send a certified letter telling them -of the revocation tifE
of the business license. The motion*was,seconded by,. J. C. Porterfield_
and voted unanimously.
L
PAG E 7
(CONTINUATION OF AUGUST 16, 1971)
Councilman.C. 0. Canada stated the committee.recommended that -
the truck for the- sewerage treatment department, be purchased
from the John Smith�Company at a_cost of $2,856.29. The
truck 'is not in .stock but delivery of a. 1972 could be expected
in about four weeks and could be purchased at the price listed
above. On motion by C. 0. Canada; seconded by Hubert Black,'
approval was granted to purchase the truck from John Smith
Company at a cost of $2,856.29 and the truck body from Heard
Equipment Company at a cost of $961.00. Vote,on the motion was
unanimous.
Councilman Hubert Black reported that $21100.00 was included in
the budget to complete the shelving at the library and that
H & S Woodcraft had quoted a price of $1,890.00,to do the work.
Mr. Black motioned that the -bid procedure be waived on,this
item. The motion was seconded by -Arthur T; Bacon and voted
unanimously. .
Councilman Hubert -Black motioned that the contract to complete
the shelving in the library be awarded to H & S,Woodcraft in
the amount of $1,890.00. The motion was seconded by Arthur
T. Bacon and voted unanimously.
i� A report on the- tennis courts and paving at -Jonquil Park was
deferred to the next meeting.
Mayor Harold Smith stated he had contacted the assistant County
Engineer regarding the Atlanta Street widening last week and
they agreed to pick up all the plans and resubmit to the
State Highway Department, but there had been no furth en action.
The Mayor reported we have all the right-of-way plans and prints
but do not have the right-of-way acqugitions and designs. Mr.
Hugh Lee McDaniell stated a dead line on submission of appraisals
was needed:, It was,agreed a meeting with,the property owners
involved should be called at an early date. .
J. E. David submitted a plet showing two radii at the intersection
of Highview and Cooper Lake Road gather than ' the four radii plan
submitted at the last council meeting. One radius would be from
Highview to Bennett Woods and one from Highview to West Smyrna
Heights. Mr. David recommended the,two radii plan and the
estimated cost of this improvement was called out as $1,650.00.
J.. C. Porterfield motioned that Council negotiate the price on
this project with the previous low bidder._ Hubert Black seconded
the motion. The vote was unanimous. ,
J. C. Porterfield reported he was in the process of compiling
information on existing rights -of -way on Concrod:and Love but
did not have all the information together. He further stated
a meeting with the people involved to hear their complaints
and proposals would be held prior to the next council meeting
and a report made at that time. e e
Quit claim deed on easement to Deerwood lift station was*
deferred.
J. C. Porterfield stated he had talked with Mr. Ernest Barrett
and Gene Jackson: and both agreed to•work with the City to
improve -)the -traffic hazard at Concord 'and Havilon_ Way. Hubert
Black reported a similar problem on Lake Drive and requested
this problem be- considered at the same time recommendations are
made on Concord and Havilon.
i
PAGE 8
(CONTINUATION OF AUGUST 16, 1971)
No action was taken on the sewer facility to the "skating rink. It
was reported that Mr. Gene Crowe wanted $3,000.00 for an easement
across his property. Mr. Couy-was contacted and -was not interested
in paying this amount for the easement. Another route through
the City parks property would be very expensive; therefore, at the
present time there=is no solution to -the problem.
Marston Tuck reporting on possible acquisition of property.on
Powder Springs Street stated the recommendation of the committee
on a two to one vote was that we not -purchase the property. Mr.
Tuck motioned;"however, that -the City purchase the property
approximately 21� acres, adjacent to Cobb Park at a cost of 132,000.
The motion died for lack of a second.
The property located onHunterStreet which had been considered
for purchase by the -City for parks and recreational purposes was
discussed. Marston Tuck motioned the roperty on,Hunter-Street
be purchased by the City at a cost of 322,500 for a playground
area and use the present play area for a ball field.. The motion'
was seconded by Arthur 1. Bacon. Voting for the motion: Marston
Tuck, Hubert Black. Voting against the motion: J. C. Porterfield
and C. 0. Canada. Arthur T. Bacon, abstained. Mayor Harold L.
Smith broke the tie -voting against the motion.
Mayor Harold L. Smith reported the State Highway would not allow
the sewer line •to- the Burson property to -run through the culvert
under I-75. At the present time, we are waiting to hear from'
county engineer Bob Sutton as to the possibility of the county
providing a lift. --station with(the county: participating in one-third
of the cost and the City paying two-thirds,of the- cost.
Arthur T. Bacon recommended in the form,of a motion the approval
of a malt beverage/ appl:icati,on- for Jimmy Hester, 2183 Benson Poole
Road, stating Mr. Hester had met all requirements and the police
checkout was in order. Although one house is within the.2001 radius,
it is in a.."C" classification and does not conflidt with the Malt
Beverage Ordinance. The motion -was seconded -by Marston Tuck, and
carried on a three to two vote. Voting for the motion, Arthur T.
Bacon, -Marston -Tuck, and C. 0. Canada. J. C Porterfield and Hubert
Black opposed.
Recommendations for changes in the Malt Beverage Ordinance were
deferred to the next meeting. -
.
Arthur T. Bacbn-stated the vaccum truck was out of state at -the
present time; however,•a demonstration would be set up for Smyrna
sometime shortly after August 23. Bids for another garbage truck are
to be opened at the September 7, 1971 meeting.
In other action: - - '
Marston Tuck motioned that Council set a 10.:00_P.M..curfew .for the
City Parks except'for'special group parties in which case the police
would be notified. C. 0. Canada seconded -the motion. Vote on the
motion was unanimous. Mr. Tuck stated he would write a letter to
the police department stipulating the parks would be used on ly.for
city residents and their guests. The City Attorney was.requested to
prepare the ordinance on the 10:00 P.M. curfew.
Councilman Marston Tuck motioned that city officials be authorized
to sign the "Release of- Liability" *agreement with the Georgia Anny
National Guard in order that they can do the grading on the lower
portion of Jonquil Park. The motion was seconded by C. 0. Canada
and voted unanimously.
PAGE 9
(CONTINUATION OF AUGUST 16, 1971)
In connection with the work to be done by the Georgia Army National
Guard, Councilman J. C. Porterfield stated in order for them to
get the equipment to this area, they had requested about 30' of
pipe to build a bridge over the creek. The bridge would be per-
manent and the parks committee would decide on *the location.
Marston Tuck mottioned the'city engineer be authorized to buy the
pipe in the size needed. The motion was seconded by C:-O. Canada
and voted unanimously.
Marston Tuck reported tbat' for quite a few years the Smyrna Fire
Department and the Lockheed -Georgia Fire Department had operated
under a mutual aid agreement and recommended in the form of a
motion the agreement be formalized. The motion was seconded by
Arthur T. Bacon and voted. unanimously. Mfg. Tuck to draw up
agreement for proper. signatures.
Mayor Smith recommended that Hubert Black meet with the City
Attorney on the Codification of Ordinances (recommended changes)
and notify the company to proceed with the final print.
C. 0. Canada brought up the bad drainage problem on Smyrna -Powder
Springs Road, and recommended changing the location and size of
some of the culverts and reworking the ditches. Referred to J. E.
David to obtain estimates and bring back to next meeting.
Mr. C. 0. Canada thanked the Mayor and city officials for the big
send off'of the Connie Mack team fast Tuesday. Mr. Canada stated
he would like to suggest the City purchase a trophy'case to dis-
play the various trophies that have been won. This item was
referred to the Parks and Recreation committee 'for' recommendations.
J. C. Porterfield read letters from the State Highway Department
suggesting changes in thz traffic signals on State Route 3, '
Atlanta and Hawthorne, and State Route 3, Atlanta and Cherokee.
P¢r. Porterfield stated he would get bids on the recommended
changes along with a bid for a new controller at Hawthorne which
was struck by lightn-ing ,
Mayor Harold L. Smith stated he had received a request from
Southern Bell Telephone for an easement to bury a cable under
Winding Valley Drive in Bennett Woods Subdivision. Hubert Black
motioned the easement be granted. The motion was seconded by
Arthur T. Bacon. Vote on the motion was unanimous.
Meeting adjourned 9:20 P'.M.
MARSTON TUCK, COUNCinqmWARD 1
42,�� --T'�3 a,,
ARTHUR T. BACON, COUNCILMAN WARD
C..O. CANADA, COUNCILMAN WARD 5
HUBERT BLACK, COUNCILMAN WARD 7
L. W. CHARL , CITY CLERK
J. P. WHITE, COUNCILMAN WARD
3 HOMER KUHL, COUNCIIMAN WARD 4
C. PORTMFIELD, COUNC11MAN
WARD 6