Loading...
09-20-1971 Regular MeetingPAGE 14 (CONTINUATION OF SEPTEMBER 7, 1971) Homer Kuhl recommended that the city raise the homestead exemption from $2000 to $2500 and the time limit be lo4ifted from ten years to three years. -The recom- mendations are to be prepared in writing -and submitted at the next meeting. Homer Kuhl reported the state has approved self service:gasoline stations and the city would need an ordinance to cover this type of business. Referred to the Fire -Marshall and Bureau of Fire Prevention for recommendations'at next meeting. Meeting adjourned 10:2 P. Me LIT Z SM11TH.9 YOU L. We CHICRIM CITY CLERK MARSTON TUCK3 COUNC=N WARD-1 7777WHITE3. COUNCILKANVARD 2 SEPTEMBER 20,. 1971 The regularly scheduled mid -month meeting of Mayor and Council was held at City Hall', Smyrna, Georgia, September 20, 1971, and called to order at 7:30 O'clock P. M. by presiding officer Mayor Harold L. Smith. All Councilmen were present except C. 0. Canada'of Ward #5. Also present were L. W. Charles, City Clerk; D. Scott Jackson, Tax Asses ' sor, G. W. Carreker, City -Attorney; J. E..David, Supt. of Public Works; N. Proctor, George Hardy of Mayes, Sudderth and.E * theredge, and a representative of the Atlanta Journal, Marietta Journal and WBIE. Invocat.ion was given by Councilman Hubert Black. Mr. Glynn Cowart of 2�18'13i`rch Street appeared before Mayor an� Council with a complaint that when it rained his garbage cbn would float up and get filled with water and the garbage boys would not pick up the wet ga,rbage. This was referred to the'sanitation co�nmittee for'correction. There were no commercial building permits submitted for Council action. The North Cooper Lake-Highview radius project was reported,as partially.completed) and weather permitting, wo'uld'be finished"by the end of the week. The Concord-Havilon and Lake Drive high rate accident areas were discussed. It was reported t . hat the signs had been errected but the guard rails have not yet been insta ]led. A report on Old Concord and Joneshaw high rate accident area was deferre'd. The Atlanta Road improvement project was reported in progress with signatures of some prop-ert-y owners still needed. Follow up on this project was s . chedulled for September 21, 1971. The Concord Road and Love Street widening and rights -of -way were discussed. J. C. Porterfield reported he* was unable to secure the original plot showi'ng the rights - of -way. City Attorney G. W. Carreker reported the plot was-,,�ecorded in Book 3, Page 17, Cobb.County records. Councilman Mars:ton Tuck m6ttoned that Council proceed PAGE 15 (CONTINUATION OF SEPTEMBER 20, 1971) d with the Special Masters hearing, per legal procedure, to acquire rights-of�-way. The motion was seconded -by -Hubert Black -and voted unanimously. J. C. Poterfield asked Scott Jackson to secure a rough copy of the 1910 map and mail to all property owners on September 25, 1971. The proposed road extension from Thomas.Lane to Reed Drive�was discussed. The estimated cost quoted by C. W. Matthews Contracting Company was $27,928. The., request was denied by reason of cost. Arthur T. Bacon recommended in the form of a motion that Council purchase the 1972 Ford Model L-800, 20 cubic yard,-Lench Packmaster in the amount of $15,063-75, less trade in of 1961 Ford Chassis in the amount of $3000. Net purchase price $12,063-75. Delivery of the truck was promised within six weeks, or the company would loan the City a truck until delivery is made. The motion was seconded by J. C. Poterfield and voted unanimously. Hubert Black motioned that Council approve the contract of C. W. Matthews Contracting Company in the amount of $1248-75 for paving an additional area at the police station. The motion was seconded by J. C. Poterfield and voted unanimously. The contract was signed and mailed September 30, 1971. City Attorney G. W, Carreker reported he had received a copy of an ordinance from GMA covering many kinds of noises, including mini -bikes. A copy was given each Councilman -for suggestions and recommendations. Marston Tuck motioned that Council adopt the ordinance pertaining to curfew for City Parks. The time of the curfew being the hours between 10:00 P. M. and 7:00 A. M. Any person -or persons'violating the provi,sions of this ordinance shall upon conviction be punished by a fine of not more than $100 or by imprisonment in the city jail for not.more than 30 days or by both fine and imprisonment. The motion was seconded,by Hube'rt Black and vote on the motion was unanimous. ORD I"NAWC E BE IT ORDAINED by the Mayor and Council of tke City of Smyrna, and it is hereby ordained by authority of same as follows: It shall be unl'awful,for any,person to be,within *the bounds of,any city park,within the City gf'Smyrna between the hour's"of-ten'(10) o'clock p.. m. and seven (7) o.'clock a'.'m.; provided, however, that'nothing herein contained shall be deemed to apply to anyone engaged in any 'kind of organized activity shall consist of participating in sports, either as a -player, coach or official and shall also include being a spectator at anyysuch.activity.. Any person or persons vi61ating the provisions of this ordinance shall upon conviction be punished by a fine of not more than $100.00 or by imprisonment in the city jail for not more than 30 days -or by both -fine and imprisonment. 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 -sections, sentences, clauses or phrases'of thi� ordinance which shall,remain in full force and effect as if the,§ection.� sub-siection-, sentence; clause or phrase so declared or adjudged invalid or unconstitutional was.not.originaily a part hereof.. I I __J City Clerk L. W. Charles was requested to write a letter to Bob SUtto*n', County Engineer, stating that-Mayoe bnd Council had approved Alternate #6, as prepared by Mayes, Sudderth, and Etheredge, for the sanitary sewer facility on the east side at a cost of $62,000, with -the county collecting one-third:of the amount from the Federal Government, and authorizihg Mr. Sutton to proceed with this plan per contract. I Opening -of bids for the tennis court fencing at,Jonquil Park�was deferred to the next meeting; , I ' - . 1, .. ­ I I I - It was -reported that all problems regarding sanitary sewers for the three apartment project.on AtlantaStreet had been;resolved. Marston Tuck motioned that bids be sent out for opening at the next meeting PAGE 16 (CONTINUATION OF SEPTEMBER 20, 1971) for one radio and equipment to replace the old radio in Truck #43 at the Fire Station. The motion was seconded by J. C. Poeterfield and voted -unanimously. Mr. Tuck also recommended that the City consi'der purchasing a snorkle or other aerial type fire fighting equipment due to the numerous apartments being con- structed i,n the cityand other buildings where this type equipment would be needed. Mr. Tuck was requested to comment further at the. meeting the following Saturday morning. On motion by Marston Tuck, authority was granted to secure bids on one 1972 4-wheel drive vehicle for the Civil Defense Department; one 1957 sedan and one 1952 jeep to be traded in on this vehicle. The motion was seconded by Arthur T. Bacon and the vote was unanimous. The bids to be opened October , 1971. On motion by Marston Tuck, seconded by Ar ' thur -T. Bacon, authority was granted to secure bids on one two-way radio for the Civil Defense Department with Fire Department frequency. Vote on the motion was unanimous. Bids to be opened October 4, 1971., Much progress was reported on the,grading work at Jonquil Park by the National Guard, with a possibility the work would be finished this week. Mr.. George Hardy stated that the letter prio.r approval of water line construction of th6-lines for p'�oper disinfectant. from the Georgia Health Department on was mostly in connection.with inspection Regulations regarding self-service gasoline stations were to be prepared by Don Atkinson, Marston Tuck and the BureaV of Fire Prevention and submitted at the October- 18,. 1971 meeting. On motion by Homer Kuhl, the Homestead Exemption ordinance was changed to allow $2500 exemption to property owners 65 or older,having three years residence in the City, rather than $2000 and ten years residence. This change to be included in the'1972 House Bill an.d become effective January 1, 1972. The motion was seconded by Hubelr'i Black. Vote on the-mo'tion was unanimous. It was agreed by Council the change could not be made retroactive. Installation of garbage cans at newly constructed houses was discussed. It was suggested that the builder purchase the can plus cost of installation, the install- ation to be done by theC ity, at the time the building permit is issued. Referred to G. W. Carreker and Arthur T. Bacon to include in the Sanitation Ordinance and bring back to Council for approval.. Per recommendations of Chief Robert L. Drake and approval of the Civil Service Board in letters dated July 21 and September-17, 1971, and on motion by Marston Tuck the following named officers were promoted to Lieutenants in the Police Department effective October 1, 1971: David A. Farmer, William H. Hayes,,Ted L. Kirby, and Kent R. Sims. The motion was seconded by J. P. White. Vote on the motion was unanimous. Arthur T. Bacon recommended three changes in the Malt Beverage Ordinance as follows: 1. Mr. Bacon motioned that Section 10, Suspension or Revocation, be deleted and the following inserted: "At the time of suspension by the Mayor, the holder of the malt beverage license may appear before the malt beverage committee the following day for a hearing, if the decision of thet4Mayor is over ruled the license will be reinstated until the next regular council meeting when a hearing will he held, if the decision Ts upheld, the holder of the license will be notified to appear at the next rugularly scheduled meeting," The motion was seconded by J. C. Porterfield and vote on the motion was unanimous. 2. The second motion,by Arthur T. Bacon was a wavier provision in the 200 feet from a residence provided the residents did not object. J. C. Porterfield -seconded the motion. An amendment to the motion was made by Marston Tuck that the wavier provision be 300 feet from a residence rather than 200 feet. The amendment was -s.econded by.Homer Kuhl. Vote on the amendment was three for the motion: Hubert L,,­Black�' Homer Kuhl. and Marston Tuck. Voting against the motion: J. P. White, J.'C. PtFr�1(g'ffi'Eld and Arthur T. Bacon. Mayor Harold L. Smith broke the tie voting.for the motion which carried four to three. Vote on the main motion of 200 feet waiver lost two to four. For the motion, Arthur T. Bacon and J. C. Porterfield. Against the motion, J. P. White, Hubert Black, Homer Kuhl and Marston Tuck. PAGE 17 I - I , -1 tCONTINUATION UF SEPTEMBER 20, 1971) 3. The thVird moti*ori by Art,h'u-r 'T. Bacon was to, establJ sh -a p.-rocedure for an applicant to'advertise'f�r a li'cense.a�t a,pub-lic hearing before.Mayor.and Council; the ad to be published at least twice on different weeks in the daily paper published in the county in which the ' legal.,advertisemients of the -co;6n7ty are carried, which 'notice skall contain a particular description, of the location.and.gi'ven the,name of the applicant, and,if-a partnership-, the names of the partners, -and if a corporation, the names of officers. The amen6e'nt Was'.�econ�ed'by Homer Kuhl. Vote on the amendment was five to one.- Marston'Tuck voting against the amendment. On motion:by J. C. Porterfield, seconded by Arthur T. Bacon, the motion was amended further to delete, "in the daily. paper published in the county....'.' and subst-itute -Ila paper of'geheral*6irclui�t�ion'pubiished in.the City,Where other advertising appears". Vote on the amendment was unanimous. Vote on the motion to advertise for a public hearing was five to two. Voting for the,motion, Hubert Black, J. C. Porierfield, Homer Kuhl,,and,Marston Tuck. Voting against the motion, J. P. White -and Arthur T. Bacon. A meeting was called for Saturday, September 25, 1971 at 9:30 A.M. for the -purpose of reviewing the year end annual audit with Wallace D. Pate. Marston Tuck read five recommendations prepared -by the Police Committee ai�d 'motioned that all five be adopted. They are as follows: 1. City Engineer and Police Department to study gradlis at 01�'Con * cord"a'nd' 'Jo6es- haw and report back. Ass'i , g'ned io City Engineer and Police Department. 2. Set the speed limit on U. S. #41 from Spring Road intersection to the north City Limits at the southmost driveway of Bordeaux West Apartments at 60 M.R.H. Post City Limits signs and speed limit signs for both lanes. Motion seconded by Homer Kuhl and voted unanimously. 3. Install 6`verhe'�'-� lan'e'-­lon�trdl-_sig'n's on South Cobb Drive a ' t *Concord, in the southbound lane .', to be paid from State Grants fund. Motion seconded by Homer Kuhl subject to receiving bids and reporting back at next meeting. The vote was unanimous. 4. To reduce the speed limit on the entire length of Spring Road'from' 40 M.P'.H'. to 35 M.P.H. to (A) reduce speed and (B) allow for uniform speed limits of 25, 35, and 45 M.P.H. throughout the City. The motion was denied five to one. 5. In'stall overhead speed limit signs on Spring Road. (1) West end 'Speed limit 35 M.P.H., speeders lose license. (2) East 6nd - Welcome to Smyrna - Speed limit 35 M.P.H., speeders lose license (State Grants). Motion died for lack of a second. Councilman Homer Khul motioned that Council follow the same procedure as in the last election in that each Councilman.would recommend a poll manager, two assistants, and one cl ' erk for his ward. The motfon was seconded by J. C. P6rterfield and voted unanimously. The names of recommended poll officials to be submitted at October 4, 1971 meeting. Mayor Harold Smith-recommende - d Mrs. Milton Bennett as Superintendent of the Election and J' C. Porterfield stated Mr. Max Kaley had,volunteered fo be Sidperintendent. The Superintendent Will'also be voted on at the October 4,1971 meeting. J. P. White recommended*that amendments to ordinances or new ordinances be added to the new Codification of Ordinances. City Attorney G. W. Carreker to assign a code number to the amendment or ordinance prior to inse.rti.on.in Code Book. J.-P'. White motioned that the second driveway be approved for the C. A..Cole property on Cherokee Road. J. C. Porterfield seconded.the motion. Homer Kuhl amended the motion to read the entrance would be from the west dri-veway and the exit from the east driveway. Vote on the motion was unanimous. Marston Tuck recommended -that an ordinance be prepared on carnivals, including tents, and that application to ho'ld a c ' arniva-1 in the City be,made, through the Fire Department rather than. . at City Hall. Don Atkinson was -asked to make recommendat-ions. PAGE 18 (CONTINUATION OF SEPTEMBER 20, 1971) Marston Tuck commented on the operation of some restaurants not in accordance with health department regulations. Mayor Harold Smi.th appointed Marston Tuck,. Chair- man, and Hubert Black*to . 'Ma.ke'anlinsoection-and report back at 'nekt meeting . J. C. Porterfield reported that -the water,pressure on Rosalyn Lane was very low and there was no fire hydrant on Rosalyn. Mr. Porterfield stated he ha'd received two bids on installing a six -inch line (labor 6nly) from'Powder Sprin'gs''down Rosalyn Lane. One';bid from W.-P.,Lord was $764,,the othe� bid from I J­ E. Lovern was*$1745. Mr. Porterfield,motioned the low -bid of W. P. Lord be aporbve* e d.' Th"'motion was seconded -by -,Hubert B-lack:and-voted unanimously., Marston Tuck stated there were some fire plugs that were dry.' J. E. David asked that he.be furnished 'a list of these-. J. C. Porterfield stated he would write a letter to'Litton Automated Business Machines tel-ling �hem the machine had not performed as"we we're told it would and -would ask that,the)mach_Zt,ne,�.be picked up. Meeting adjoui-ned 10:30.P.M.' SMITP; MAJOR MARSTON TUCK, COUNCILMAN WARD I --rd ARTHUR T. BACO_N_,COUNCILMAN WARD 3 C. 0. CANADA, COUN ILMAN WARD 5 HUBERT BLACK, COUNCILMAN WARD 7 L. W. CHARLES, CITY CLERK J. P. WHITE, COUNCIL MAN WARD -2- OMER KUHL, COUNCI MAN WARD 4 C. PORTER7ELD)'COUNC-I-LMAN WARD OCTOBER 4, 1971 The reguldrly scheduled meeting of Mayor'and Council"was held, pursuant . t o the Charter at City Hall,�Smyrna, Georgia on October 4, 1971 and called to order at 7:30 P. M. by presiding officer Harold L. Smith. All Council Members were present exceptHomer Kuhl of Ward #4. Also present: L. W. Charles, D. Scott Jackson, G. W. Carreket, Leon Hood, George Hardy of Xayes, Sudderth and Etheredge, J. E. David, and a represent- ative of the Marietta Journal and WBI'E. N. Proctor was absent. In the first order of -business, lb�. W.'-J-. Adams of Anderson' . Circle appeared before Mayor and Council as a concerned citizen over the drug traffic in the schools in Cobb County,.and what the City of Smyrna Police Department was doing to combat the� problem. Mr. Adams.was assured by Mayor Harold Smith -that the Smyrna Police Department was actively seeki�ig to correct the drug situation in Smyrna. Mr. Redd ' ish of 3000 Pinecrest Circle appeared before Mayor and Council as spokes for three other citizens in protest of a concrete plant being built in'the area of Pineerest Circle, Corn Road and the railrodd. Mr. Reddish was 'told that the property was properly zoned I'M,, Industrial�and-that the business had purchased a business license, but that the City would look into the matter to insure that no irregularities existed.