Apr 5/19, 1965APRIL 5, 1965 101
The April 1965 Council meeting was held above date pursuant
to the Smyrna City Charter and called to order by presiding officer
Mayor G. W. Kreeger at 7:3o P.M. All council members were present
except Ward No. 2 Councilman J. B. Abler who was absent by reason
of scheduled vacation. Invocation by R. H. Wood.
I n the first order of business, J. C. Porterfield motioned
to accept the certified election results of March 20th special
election in connection with the $200,000.00 Spring Street Bond
Referendum. The Smyrna Jaycees certified report, attested by
the City Clerk, was read in Council as follows:
"We, the duly appointed election judges and managers, authorized
to conduct March 20th, 1965 referendum declare the following results:
Voting for -- Spring Street Improvement Bonds 566
Voting against -- Spring Street Improvement Bonds 127
Void votes -- 1
Total ballots issued ~
We, therefore, certify to the Mayor and Council of the City
of Sm rna that the referendum, Spring Improvement Bonds, passed
on a ~..5 to 1 majority."
The certification of the above was signed by six election judges
and/or managers in the presence of the City Clerk. The motion to
accept certified results was seconded by Homer Kuhl and voted
unanimous.
Council, on Mr. Carl Osborne~s request, waived the thirty feet
rear yard-set back requirements concerning a proposed move bf a
frame house at the Medical Center on Cherokee Road, and granted
issuance of permit to relocate said house at the rear of the Medical
Center with restrictions of fifteen feet minimum set back. Motion
J. C. Porterfield, seconded R. J. McCurry, and voted unanimous.
The zoning, R-1 to C-1 Commercial, of two parcels of land
adjacent to the First Methodist Church on Love Street came up for
hearing. On motion Homer.Kuh1, seconded by R. H. Wood, the
petitioner's request was approved since no citizen appeared in
opposition. The motion carries a stipulation which authorizes
sufficient frontage for dedication to meet State Highway require-
ments in connection with future widening of Love Street. See
March 1, 1965 Minutes.
The Council accepted Mr. Harold Anderson's petition to consider
rezoning his property on Old Concord Road from R-1 to C-1 and set
the date for hearing on May 17, 1965, per motion of Homer Kuhl
which carried.
Council accepted the revised plans as submitted correcting the
animal runways for the proposed animal hospital on Ventura Place.
The original plans calling out open fence runways were rejected by
Council. The vote on Homer Kuhl~s motion to accept the revised plans
was five to one. J. C. Porterfield abstaining.
On Mayor G, tnl. Kreeger~s recommendation, the appointment of
C. Mayes Hamby as building inspector for. the City of Smyrna, was
voted unanimous on motion C. M. Chapman, seconded R. H. Wood, and
effective above date.
The appeal from Recorder's Court disposition per letter from
Mrs. Lawanda L. Howard was per verbal report from City Clerk with-
drawn and deleted from all future agendas.
Cost Estimates ------- City Facilities
1. Water lines Kathy Lana Extension $ 965.88
2. Sewer lines Kathy Lane Extension 19J~2.00
3. Sanitary sewer lines Estelle Court 3242.00
102
(Continuation of April 5, 1965 Meeting)
On the Kathy Lane development (Mayes Hamby property) R. J.
McCurry motioned that the Superintendent of Public Works shall
install the facilities, weather permitting, all in accordance with
recorded agreement per minutes of February, 1959; further motioned
Mr. C. M. Hamb shall reimburse the City for water lines and for
sewer taps at 200.00 each, and upon installation of these faci-
lities, the City~s obligation per February 1959 minutes is hereby
completed.
In connection with Estelle Court, the annexation petition
submitted per 1964 minutes was accepted by Council with the ""°"
stipulation that sewerage would be made available to approximately
twelve homes in the area. The cost estimate covering 480 feet of
sewer lines, plus man holes and fittings, in the estimated amount
of $3,242.00, was authorized on motion by D. L. Mixon, seconded
by Homer Kuhl, to secure bids, submit plans and topo for installa-
tion in June or July 1965. Voted unanimous.
The petition of Bob Leonard Realty Company (withdrawn 3-15-65
on failure to submit detailed plans) came up for action to re-
advertise and set hearing date for zoning from R-1 to R-2 (Apartment
Project Restricted) property of H. M. Christian on Whitfield Street.
Motion by Homer Kuhl, seconded by R. J. McCurry, to set hearing date
on May 17, 1965. Voted unanimous.
The property east of Smyrna City Hall (Mrs. Jackson, 111 Bank
Street) was authorized by Council to finalize a contract and purchase
the property in the amount of $8,500.00 contingent on submission of
survey and clarification of d®ed of record. R. J. McCurry~s motion
further states that payment in full at time of closing shall be made
from the General Fund. Motion seconded Homer Kuhl and voted unanimous.
Civil Defense equipment reported as no longer required by the
City was advertised for bids. As of above date one bid was received
in the amount of $25.00 from P. K. Clayton. The bid was accepted ,,,~
on motion J. C. Porterfield, seconded R. H. Wood,and voted unanimous
to dispose of the obsolete equipment.
The City~s fiscal agent, Mr. Lex Jolley and City Attorney,
Berl T. Tate, discussed in Council the progress to date on City of
Smyrna Street Improvement General Obligation Bonds as follows:
1. Resolution and/or petition submitted for signature in
connection with bond validation procedur®.
2. Notice of sale 000,000.00 General Obligation Bonds)
to be submitted to Georgia Bond Dealers for bids.
3. Authorization given to Mr. Paul J. Brown to proceed on
securance of spring Street Rights-of -Way.
4. Motion R. J. McCurry, seconded J. C. Porterfield, "We
authorize Lex Jolley and Company to proceed and secure
bids for opening b~r Mayor and Counc i 1 on Apri 1 19,
1965, at 8:00 P.M.' Voted unanimous.
MEMO: It was reported by Mr. Jolley that the funds from
the sale of the bonds would be available on or before
June 1, 1965.
Mayor and Council accepted two amendments to the City of
Smyrna Plumbing Code as recommended by Inspector W. L. Westbrook,
Chairman of the City Plumbing Board. The amendments were acdepted
on motion by Homer Kuhl seconded by J. C. Porterfield and voted
unanimous. Amendments recorded in the City of Smyrna Minute Book
as follows:
April 1, 1965
Mayor & Council
Smyrna, Ga.
The Plumbing Board would like the following changes made in Sec.
124, Page 41 and Sec. 104, Page 33 of the Plumbing Ordinance of
the City of Smyrna.
(Continuation of April 5, 1965 Meeting) 103
Section 124, Page 41, to be changed to read as follows:
MATERIAL
Sec. 124. (a) The house sewer shall be of cast iron,
vitrified clay, concrete pipe or asbestos cement pipe
with rubber points.
(b) Minimum size of clay pipe for commercial
use shall be 6" in diameter, for residential use 4" in
~ diameter. Minimum laying length shall not be less than
4 feet. All clay pipe shall be salt glazed vitified
clay pipe, conforming to A.S.T.MrC-200, latest revision.
Joints for clay pipe shall be factory molded type coupling,
conforming to A.S.T.M-C»-20Q,latest revision.
Section 104, Page 33, to be changed to read as follows:
HOT WATER HEATERS
Sec. 104. Relief valve -- All hot water tanks shall be
equipped with a combination temperature and pressure
relief valve installed directly over the heater within
6" of the tank. This relief valve shall be of a type
tested and listed by an approved testing agency, under
the provisions of the American Standard Association
Standards 221.22-1958. It shall be set at a pressure
not exceeding the rated working pressure of the tank
or heater. It shall have a relieving capacity capable
of preventing a pressure rise in excess of 10~ of set
pressure.
Water supply -- The cold water supply to
each hot water tank shall have a full size stop valve.
Gas supply -- The gas supply to hot water
heaters shall have a full size gas cock near the heater.
It is requested that these changes be made effective July I,
1965.
/s/ W. L. Westbrook
W. L. Westbrook
Plumbing Inspector
Letter read in Council by Mayor G. W. Kreeger requested Council
approve to deviate from the City Electrical Code by installation of
aluminum romex cable in the Smyrna Health Clinic building. During
the discussion R. J. McCurry motioned that this body shall not
consider any deviation from the Smyrna Electrical Code. Seconded
by Homer Kuhl, voted unanimous.
Council heard a written report from the Sanitation Supervisor
to delete vacant acreage from the current Clean Up Ordinance. The
item was referred to the City Attorney for report in Council.
Council approved and adopted as submitted the March 1965 Minutes
on motion R. H. Wood, seconded C. M. Chapman.
!~ Council accepted the bid of AAA Smyrna Fence Company in the
amount of $375.00 for installation of six foot chain link fence to
enclose the area around City water tower. Motion R. J. McCurry,
seconded Homer Kuhl. Motion passed.
There being no further business, a motion was made to adjourn.
Adjourn 9:15 P.M.
In the Last order of business, Mayor and Council signed Ordi-
nances, Deeds, Contracts pertaining to the bond issue and widening
of Old 41. The county contract signed by Mayor and Council refers
to Project No. SAP-95-4 which adds one lane on the east side of
State Highway No. 3 from a point at Hawthorne crossover to a point
north of Ch®rokee Road.
Next meeting April 19, 1965, 7:30 P.M.
104
APRIL 19, 1965
The scheduled mid-monthly meeting of Mayor and Council was
held at City Hall above date. All council members were present.
Mayor G. W. Kreeger called the meeting to order at 7:30 P.M.
In the first order of business, M. C. W. Armour, President,
Smyrna Little League, Inc., requested permission for the annual
Little League parade scheduled Saturday, May 1, at 1:00 P.M. On
motion by J. C. Porterfield, permission for above described parade
was granted.
The zoning advertised as parcel #l, So. Cobb Drive, came up for
hearing. The petition involves four parcels of land on the east
side of South Cobb Drive per application signed by Myra L, Fisher,
the Sharon Baptist Church, and E. P. Logan to rezone the property from
R-1 Residential to C-1 commercial area. The parcels per present
numbering system are known as 513, 515, 517, and 525 South Cobb Drive.
During the discussion concerning commercial land use, restrictions,
and buffer area, J. B. Ables moved that the petition to rezone from
R-1 to C-1 be approved. D. L. Mixon seconded the motion which was
voted unanimous. MEMO: Council requested that building permits
pe rtaining to comnerc al structures shall b® checked out to conform
with the City of Smyrna codes, ordinances and regulations.
Parcel #2 on South Cobb Drive (adjoins parcel #1 at Ridgecrest
Road) came up for hearing. The petitioners L. W. Boring, the McNeal
Company, and McDaniel Realty and Insurance Company, requested re-
zoning from R-1 to C-1 commercial area. Some opposition was heard,
mostly of an~investigative nature. Councilman Ables stated that South
Cobb Drive would eventually become a commercial area between the City
limits, and further, it was the intention of Council to rezone and
up grade the land for high type commercial structures. On motion by
J. B. Ables, the four parcels described above were, on second by
R. H. Wood, rezoned from R-1 to C-1 commercial area. The vote was
six to one, Homer Kuhl opposed.
Item 4 of the Agenda called out Spring Road Referendum, final
report, bond validation, all documents, date of receipt of funds,
acquisition of rights-of-way, and opening of bids per published
notice of sale for $200,000.00 street improvement general obligation
bonds. Bids were opened by Mr. Lex Jolley, the City~s fiscal agent,
as follows:
Interest rate
1st The Robinson-Humphrey Co., Inc. 3.316712
2 Norris & Hirshberg, Inc. 3.243575
3 Trust Company of Georgia 3.214996
4 Courts & Co. (Johnson, Lane, Space, Smith
Corp.) 3.76356
5 R. S. Dickson & Co., Inc. 3.300000
6 Blair & Co. 3.306889
7 Wyatt, Neal & Waggoner 3.251510
8 Citizens & Southern National Bank 3.239800
9 Henderson, Few & Co. 3.287700
10th Howard C. Traywick & Co., Inc. 3.2161635
The following resolution was adopted by unanimous vote on motion
J. C. Porterfield, seconded Homer Kuhl.
CLERK'S CERTIFICATE
GEORGIA, COBB COUNTY
I, L. W. Charles, Clerk of the City of Smyrna,
Georgia, DO HEREBY CERTIFY that the foregoing pages of typewritt
matter constitute a true and correct copy of resolution adopted
by the Mayor and Council of said City on the 19th day of April,
1965, in connection with the sale of $200,000 City of Smyrna
Street Improvement Bonds, the original of which resolution being
duly recorded in the Minute Book of said Mayor and Council of
said City, which Minute Book is in my custody and control.
WITNESS my hand and the official seal of said City,
H~~
this the~~ "day of April, 1965.
F.
Clerk
(SEAL)
WHEREAS, the bid of Trust Company of Georgia appears to
be the best bid in that it will result in the lowest interest
cost to said City and said bid sets forth rates of interest which
do not exceed 4% per annum in any year and it is deemed advisable
and to the best interest of the City to accept said bid.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council)
of the City of Smyrna and it is hereby resolved by authority of
the same that the bid of Trust Company of Georgia, for all but no
part of the $200,000 City of Smyrna Street Improvement Bonds as
described in the official notice of sale, a true copy of said bid
being attached to the end, made a part hereof and marked Exhibit
°`A", be and the same is hereby accepted and the Mayor of said
City is hereby authorized to accept said bind and the Clerk of
said City to attest same and affix the official seal of said City
thereto.
BE IT FURTHER RESOLVED that any and all ordinances and
resolutions in conflict with this resolution this day adopted be
and the same are hereby repealed.
~ ~ ~ ~ ~ ~ ~ ~
R E S O L U T I O N
WHEREAS, the Mayor and City Council of the City of Smyrna, in a
regularly scheduled meeting on the 19th day of April, 1965, received a f final
report from the City Attorney concerning validation of the bond referendum;
and
WHEREAS, among the many things discussed concerning the Spring Road
project within the City of Smyrna concerning the acquisition of the right~of-
way; and
WHEREAS, it was resolved by the Mayor and City Council of the
City of Smyrna that the City Attorney be directed to acquire by purchase or
condemnation all property within the City Limits necessary .for the widening
of Spring Road, being designated by the State Highway Department of Georgia as
Project No. SUS 1383 (1), as shown and described on a map and drawing by the
State Highway Department of Georgia, Atlanta, Georgia, to which reference is
made for a full description of the said Road; and
WHEREAS, the minutes of the said April 19, 1965, meeting did not
contain the Resolution in its entirety, but mad~s reference only to the acquisi-
tion of the right-of--way; and
WHEREAS, it is felt necessary that the minutes of the said meeting
of April 19, 1965, be corrected to properly show the action of the Mayor and
Council of the City of Smyrna;
NOW, THEREFORE, BE IT RESOLVED and it is hereby resolved by the
Mayor and City Council of the City of Smyrna that the minutes of the Council
meeting of April 19, 1965, be corrected to show that a Resolution was passed
by the Mayor anal Council directing the City Attorney to acquire by purchase or
condemnation the property necessary for the widening of Spring Road, being
designated by the State Highway Department of Georgia as Project No. SUS 1383 (1)
as shown and described on a map and drawing by the State Highway Department of
Georgia, Atlanta, Georgia.
l05
(Continuation of April 19, 1965 Me®ting)
Building Permit
Building inspector C. M. Hamby submitted in Council prints
calling out an $87,000 addition to the Belmont Hills School.
Issuance of building permit was approved on motion J. B. Abler,
seconded Homer Kuhl, and voted unanimous.
City building inspector and E. E. Cannon, apartment builder,
~,,, appeared before Council to discuss the problem relating to two-
story structures built on standard footings per code versus
monolithic slabs. The problem was resolved as follows:
The use of the monolithic type slab foundation shall be
continued in use to the completion of the E. E. Cannon
project (Andover Apartments on Cherokee Road).
The above per motion R. J. McCurry, which further authorizes
a study of the City of Smyrna and Southern building codes for the
purpose and consideration of amendment. On J. C. Porterfield~s
second the vote was six to one, Councilman Homer Kuhl voting
against. MEMO: For the study, the Mayor appointed J. B. Abler,
Chairman, ~. Porterfield and D. L. Mixon as a corrmlittee to
report within thirty days on proposed amendment to the building
codes.
A motion by D. L. Mixon to deny permit for dental lab in
residence of D. D. McKinney, 1606 Old Concord Road, was withdrawn.
Mayor G. W. Kreeger requested the Councilman to recheck the petition
and report at May 3, 1965 meeting.
A petition signed by twenty citizens requested the Mayor and
Council to investigate trash, debris, weeds, automobiles and parts
stored on property adjacent to 130 Ivanhoe Lane in the City of
Smyrna. Councilman Homer Kuhl was authorized to follow up for
violation of existing ordinances.
The engineering and estimated cost for sewerage facilities
on Estelle Court and water and sewerage on Kathy Lane was deferred
to May 17, 1965.
March 1965 and year-to-date financial reports were distributed
in Council. The over all year-to-date actual expenditures revealed
a gain under the budgeted expenditures in the amount of $15,895.32.
Mr Grady R. Barnette appeared in Council with a petition to
rezone the Peeler property on .Church Street from R-1 to R-2 Restricted
Multiple Family Project. On motion by Homer Kuhl, seconded by R. J.
McCurry, a hearing date was set for June 7, 1965. Mayor Kreeger
appointed the f ollowing committee for check out: Homer Kuhl,
Chairman, C. M. Chapman and R. H. Wood.
Revised salary and wage scal®, Item 12 on the Agenda, was
referred by the Mayor to the financial committee for study and
inclusion on May 3, 1965 agenda.
A discussion of the City Clean Up Ordinance pertaining to
vacant lots and acreage was referred by the Mayor to the chairman
of the sanitation committee.
In final action, Council:
Agreed that improvement assessments on Concord Road shall
apply to the owner of record as of the date of public hearing on
improvement ordinance.
C. M. Chapman motioned to reimburse Elmer Wester for one weeks
salary in lieu of foregoing vacation. Motion carried.
Requested letters be mailed to citizens annexed into the cor-
porate limits calling out City of Smyrna facilities, taxes, benefits,
etc.
Set a meeting per J. C. Porterfieldts request, for study of
street repairs and estimated cost.
106
(Continuation of April 19, 1965 Meeting)
There being no further business a motion was made to adjourn.
Adjourn 10:40 P.M.
Next meeting May 3, 1965•
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