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May/Jun/Jul/Aug, 1965~. 07 r~aY 3, 1QE5 A regular meeting of P1layor and Coux:cil was held pursuant to the Charter, rgay 3, 196, at 7: 3c~ o t clock P. Tai. , at City ~ial1, Smyrna, Georgia. T.ayor G. Trd. Kreeger t:~esided and' all Council members were present. Since there were no citizens present to bring problems bef:~re ~„ Council the Mayor called out Agenda Item ~~o, ' which referred to tY~ree zoning rearings. The first zoning, hearing, azveruised in ^ccoruance :,rich the City Ordinance was for° petitioners H. P, McCollum, T~artha T^cCollu.~;, ,and H. L, Marstoxi, all of "iarstorY Street in the ity of Sr;.yrxia. The public~~tion called for Counci 1 decision to consider rezoning the three parcels from ~;-1 Residential to C-1 Commercial area, Du»in~°' the discussion between the ^' ~ petitioners arld ..ity ~auncil, the c;,~zostion to d etermlire restrictive i.and usage ~~aas not settled and r~o compromise as to the purpose of the zoning was called out. It was recommended that the petit oners return to Council wife. evidence of the land usage in the proposed C-~l Commercial area. rlotior. by J. C, Porterfield deferred t:,o hearing to Pray 17, 195. Motion seconded by H®mer Kuhl which carried. T.ayor Krieger assi~;~ei; the following committee to cY~xeck oat and report: J.B, tsbles, J. C . Porterfie i d urd I~:~~,ier Kull.. The second zoning heariAi~ per petition of A, C. Glest requestix^ uonii~g R-1 to C-2 fora lumber warehouse .ras deferred to May 17, 1965 by reason the parcel of land is adjacent to the proposed zoning of the McCollum praperty. Tha third zoning, pAtitiox was published for the IZeP3ea1 Compaxij~ re~,uesting Council action to reGorle twp:; parcels on Old. Concord Roar ~,,,,, from RRl Residential to C-1 Commercial area. The parcels are known per current numbering system as 7~4-7cb_77~ and 774 Old Concord Road, 'acing the first two struct~:res south of ml:: cT~aal Company office u:xilc'in~;. There was no opposition. Cr. G, P. Ch~zpman's rrioticn , seconded 'cy J. C , Porterfield, thy; 2,eti ~•i on to rezone was accepted with a provis~.on that the buildings would be utilized for office r~r~d professional businesses and fiat all structural c'r~age~ would be galled out I~ri;,r to issuance of building; permits . The r°~otior~ carried. Council discussed re~-issuance of per:rzit to Mrs. A. T,. Turr~ax~, 112 Beaver=cr~:el; Foa•d, for tree purpose of a baserr~er:.t drspery wc~rl{ shop:. Request for re-~issuarce T~*3 ~eraied ors t're basis c~' ~Y~;~tirg prate; t•ive covariants, Tr~is ~~cf:ion cxi r~aotion by homer Kuhl, secended by J. C, Porterfield and voted unanimous. I~~MO: C. T:. Chap:r~•an excused ~:'0~ P,l. Site clans, pri2its and specifications wars presented in Council for a building; permit tc construct ail apartment pro,~ect (14 buildings ~ on hrsrd Street. Par 19C~ mixiuz e:~ tl-.i~ t3roperty wa.s zone: F,-1 to R--2 Restricted for• petitioners Coc'rran, T~Iars,lall and i'GUx~i~. Ca~kx:eil acce•pte~? tree plans as presented and authorized issuaxi:;e: of tle bu~ildix~; icarti~it on .noticin by it. J. T~~cCurry wr;ich carried uxianir~ous. I~.ETZC: It eras reccrr.:rexi~d~;:: by Council tr.at t:rae xrare Higrllarcls A, artrr~erats shalt be cl~ar~ged . R. Ii. `r'ood stressed the need of an additional soft. bald field at Jorru:.l Parr: for tree Sm3=xbria Girls Soft Ba11 Ass;~ciatior~ an+ motioned tixat coax. ~,.:r~..c v~ ~~~ ..e st;,a: tec. :;;,~o~~a ,, y c~r_ :.hP mite ea., ~ o. t?:P existing bath clause, and furtrer to waive tree current polic;~ ~.. bid:; . Trze total, estimated cost to be pai:.~ frox;z funds as follows '~°?n. 00 Parka Ge:~era1 ~ ux:d X00.00 Parks Bond ~~und 17'10, 0^ Tra.n.xferred from Police Departrrxer.t budget t:; "arks and Recreation t~unc3 1LOO.00 Trtax~: ferr•ed frorx Fine Department budge to Parks and I,ecreation r^uxad Trie motion was seconded b~,* J.I'.. Ables and voted unanimous, 10 ~' (Contin,,~ation of T~iay 3, 19r~~ T`~:etir~~;) Jpori tr.e cYieck out of , ire petitions for a der~tt~l la~.;oratory iii tree Ylo:~ie of D. D. McKinr~ey° at 1606 Old Concord Roa-,~', Councilman D. L. I~ii:~or. trade a metiers t~•hicri earr~ied to issue permit as called out ire the petition of record. The perrlit fee shall be set at ~2~. ~SJe In discussion on the City of Smyrr_a Clean Up Ordinance, Chief of Police Robert L. Drake, reported that he investigated three eonnplaints in violation, of tree Ordinance allowing the owners ten days in whicri to cenr~ply. The location of ire lots were called out as IvariY~oe Lane, Medlin Strut and I-Iarold Lane. The following report was submitted to Consultant Engineer for estimated costs to rePlair, resurface or extend tYie following streets: Rossi=ell to Six I'oirits, To~~*der aprings, west of aoutk~: Uc~,t, iIawthorne at Roswell, Fuller to Atlanta Street, Tura-around on Foster Street, Radius at intersectio.i cf Corcor~; an:!~ i'iin~, Springs, s~r~~? Estelle Court, Council discussed III-iI{A Project TYa, 30~l~, The~~e was no ~;om..~n?rlt regarding progress except treat one April 2_? EnY;irieer Philip J. Suitor: submitted to the Atlanta office additional ir~fo~~matiori requested. Alsa in connectior_ with Project 30~1~, a 1Ptter addressed to City of SmyTrna, dated April l~, requested a certified copy of a resclution~ aut?~torizing the execution of Forrr_ CFA-1901, Assurance of Compliance, under Title V ]_ of tree Civil Rigrits Act of 196. The governing body did not vote to authorize the Mayor to sign rHFA, Assurance of Compliance. All letters of instruction, togetr~er 4Titl~''. Forrr~ 1901-- 1902, filed for ~=eccrd. Council adopted tree sa]_ary and wage scale as submitted by the Finance Committee as amended. Motion to adopt by R. J. McCurry, states that the effective date shall be 7-1-6r, ar~d furtr~er motioned that salary or wage reductions shall not be considered upon Iris adoption. Second by J, C, Porterfield and voted unanimous. Total anr,•aal increase ?-1-GJ through ~-30-F~E. estimated at $?_.0,000. A motion. by J. C. Parted field to change labor grade 13, ~iairl- tenance I?epartrrent Iiead, to class ificatior: grade no, 1~. resulted in a tie vote, Voting; for the amendment to tre grade classification, D, L. rlixon, J, C . Porterfield and J , B. Ables . Opposing the ination, R. H. ?food, R, J. McCurry and Homer Kuhl. T~iay;r George ,d, Kreeger opposed tree motion and tre rr~cti on lost four to tY;ree, ME'i~i0: City Attorney Ferl T. Tate arrived and was seated at tree Counc3'l~able at 9:00 P. Tai. TYie minutes of April 5, 1965 were accepted as corx=acted. Motion by J. C. Porterfield which carried. rlotiori by .;. C. Porterfield, seconded by Homer Kuhl, to approve the minutes of April 19, 1965 as submitted. T~Iotion carried. City attorney Berl T. Tate subrriitted an Ordinance in Council for adoption calling out the rates of interact, location of payments ors principal and interest, and levy of taxes to pay said bonds and for other purposes. Motion R. J. N:cCurry to adopt as submitted, and certify and attest the above Ordinance, City of Smyrna, Str~set Improvement Bond Fun. Motion seconded Homer Kuhl and voted unanimous. In final action, ire Council discussed: a. Rules and Regulations governing a Flarln.ing and Toning Committee. t. Street Lights on Estelle Court (Continuation of May 3, 1965 I°~eeti?Zg) 109 c. Deried a perzr~it to Ro'oErt H. Corley for solicitation of fu2~ds . d. General discussion on the influx of solicitors operating ir: the absence of a permit, TherE being; no further business, a motion was made to adjourn. Adjourn 9:45 P.M. Next scheduled meeting May 17, 1965, 7;,30 o~clock P.M M,AY 17, 1965 The scheduled mid-month meeting of Mayor and Council was held at City Hall., Smyrna, Georgia, T~Iay 17, 1965 at 7:.30 o'clock P.M. Mayor Geo. W, Kreeger presided, all Council Members present. In the first order of business the Council voted unanimous to annex to corporate limits of the City of Smyrna five lots ors the south side of Daniell Drive, 258 feet east from intersection of Daniell Drive and King Springs Road. Parcel loins existing corporate limits of the City on Daniell Drive and Dunn Street right-of.-way. rTotion to anr~ex_ by J. C. Porterfield carried a provision to curb and gutter lots fronting on both streets and to comply witYi all City ordinances, codes and regulations. R. J. McCurry seconded the motion. The zoning hearing of McCollum and Tyiarston car~.e ~up per ad- vertised petition and was withdrawn pending proposed amendment to Comprehensive Zoning Ordinance under the "C" commercial area classification. Future hearing on this property under amended ordinance requires re-advertising, placement of signs and $5O fee. The zoning hearing per petition of A. C. West for C-2 classi- fication or. a parcel of land east of L & N Railroad was postponed to June 7, 1965 at which meeting Mr. West shall request withdrawal and re-advertise pending proposed amendment to "C" corr~mercial area classification. MEMO: Withdrawal of the McCollum-T~tarston hearing places Mr. West~s property in spot zoning category. Re-ad=,rertise after date of amended ordinance will require additional fee of $50. Zoning petition of Mr. Harcld Anderson came up for hearing. The Council, on D. L. Mixonts motion, seconded by J. G. Porterfield, zoned the parcel of land in LL 3t}~ being lots Pao. 2 and PTo. '~, Blcck 0, Unit I~To. 1, Green Tiills Subdivision in the City of Smyrna. i'etitioner, Mr, Anderson requested change from R-1 t^ C-1 com- mercial area and the purpose of the land usage was stated as office building with !~0 foot set back and ample parking. Hearing or. zoning petition R-1 to R-2 Restricted-Apartment structures came up per advertised petition by agent Bob Leonard Realty Company, Property is known as the H, M. Christian property on Whitfield Street. Council did rot approve plans showing building placement or~ the eleven acres. On the basis of the apposition in attendance, R. J. McCurry motioned to deny the petition for zoning on second by J. C. Porterfield the Council voted unanimous far der~i.al. 110 (Continuation of May 17, 1965 Minutes) BUILDING PERMITS On recommendation by Building Inspector G. Ni. Hamby and submission of prints, the Council approved the following permits: Petitioner Location & Type of Structure Motion Second Vote_ Jack Boone 320 So. Cobb - Office Bldg. RJM HK Unanimous ~r7inn Dixie So.Ccbb Dr. - Illuminated Sign RJM HK Humble Oil Co. So.Cobb at Bank Street- RJM JBA 6 to 1 Service Station - Permit issued with stipulation that buffer area at Stonecreek shall remain, also Council waived sidewalk requirement on Bank St. in lieu of curb and gutter installation on north side of Bank St. MEMO: Councilman H. Kuhl voted against the motion. Council approved restoring the J. M. Gibson residence on Medlin Street for resident manager's office. Remodeling; requires removal of rear wing and brick veneer to match apartment buildings. Request by builder JoYin LeCraw was approved on motion R. J. McCurry and seconded by D. L. Mixon. Council waived height restrictions per existing code and authorized permit for First Baptist Church steeple extending approximately 75 feet above the roof line. Motion R. H. ?~Tood, seconded D, L, Mixon, motion carried. Council agreed that owner of record shall be held accountable for current years taxes on property sales during the taxable year to churches. In past years it was brought out that proration at closing was the pattern and tY,e axquir•ed church property would become exempt from taxatior. at the beginning of subsequent taxable year. Council agreed not to deviate. On unanimous vote Council proposed to amend the "C" commercial district Comprehensive ZoninLz Ordinance and set June 7, 1955 for hearing said amendment. Anew district known as "C" witri a specific use permit to be approved on subsequent application by each petitioner. Corrective action on approved buffer on zoned lot at corner of Old Concord at Kennesaw was discussed on absis of complaint by ad~oi~ting residential owner (Mrs. J. T. Bishop). She claimed wild rase shrubbery was never trimmed and infested by yellow packets. Council authorized J. E. David to check out. Councilman J. B. Abler reported on meeting with Belmont Hills merchants regarding garbage problems. The discussion hinged mostly on handling, clean yap and current rates charged for new containerized system. Motion by J. B. Abler, that effective June 1, 1965 all existing rates for collection charges covering all merchants on containerized system shall be reduced 15~ except any and all merchants charged the minimum rate in effect prior to this date. Motior. seconded R. J. McCurry and voted unanimous, Agenda Item No. 15 and No. 16 called out opening of bids covering sewerage installation on Estelle Court and Kathy Lane including water lines for Kathy Lane. The one bid received and opened from J. E. Lovern Construction Company was a combined bid for both projects and rejected for submission of revised bids for opening and action in meeting scheduled June 7, 1965. Council referred the J, E. Lovern bid to Councilman J. C. Porterfield and Priilip J. Sutton. 111 (Continuation of P4ay 17, 1965 Meeting) Councilman and Finance Chairrr~an R. J. McCurry reported on Heasley-Schmidt Invoice dated 3-8-65 and recommended, during; dis- cussion, to reimb7arse Hensley-Schmidt, Inc. in the amount of ~2,~31.50. Total invoice in the amount of ~3,78~.56 less the amount authorized for payment, ($2,x;_31.50) was withheld pending receipt of paper work and evidence of engineering services rendered. Council also agreed tY:at all invoices shall be current so that praper accounting and internal reports will reflect actual expenditures against budgetary control. Adjourn 9:20 o~clock P.M. Next meeting June 7, 196 c. . W. Kreeger, Mayor ..- R.J. M C ry, Counc3lman, d Finance Administration ~?/ ~ -~ ~. W. Char es, Ci y C Ar b es, Counc man, tr~'ar 2 anitation omen u , Dun man, gar Police, Fite & CD . oo , Dune man, ar Parks & Recreation ~ '~ ~.~~ an a xon, ~..ounc man, ward 5, Water y -, or er a Duna man, 'Ward 6, Str ets & Maintenance apman, ounc,~ , man-a -.urge 112 JUNE 7, 1965 The meeting of Mayor and Council pursuant to the Charter was held at City Hall above date and called to order by Mayor G. W. Kreeger at 730 P. M. In attendance, all Council Members, City Attorney, Clerk, and Department Heads and Philip Sutton. There were no citizens present to bring problems before C ounc i 1. The petition to rezone the H. A. Peeler property on Church Street from R-1 Residential to R-2 Multiple Family Project (Restricted) came up for hearing as advertised. Mr. Grady Barnett represented the petitioners. Eleven citizens from the area were present and submitted a petition of record signed by twenty-nine property owners in opposition to the proposed apartment structures. During discussion, Councilman J. B. Ab1es motioned to rezone the property per advertised petition. The motion died for lack of a second. There was no action on the proposal to defer hearing pending receipt of revised plans. Councilman J. C. Porterfield made a motion that petition for rezoning the H. A. Peeler property on Church Street from R-1 to R-2 Apartment Project (Restricted) be denied. Motion, as stated was seconded by Councilman Homer Kuhl and carried six to one. J. B. Ables voting against the motion. Per petition submitted, the Council voted to annex into the corporate limits the property of Mr. Sam; E. Hicks, 696 Lee Street per his petition dated 6-7-65, and further motioned that petitioner agrees to abide by all City ordinances, codes, regulations and to pay City of Smyrna regular taxes for 1967 on this property or an amount equivalent thereto for City services rendered. Motion by Homer Kuhl, seconded by R. J. McCurry. The second petition submitted by Mr. V. C. Bunn was annexed into the corporate limits on motion by Homer Kuhl, seconded by J. C. Porterfield, and voted unanimous. The property fronting on Benson Pool Road, known as No. 121, two acres more or less, shows per plat a road easement approximately twenty feet in width and running easterly to the intersection of Old Concord Road. The petitioner agrees to abide by all City ordinances, codes and regulations and to pay Smyrna City taxes for the year 1967 on the above property or amount equivalent thereto for services rendered. On recommendation of the building inspector, J. C. Porterfield motioned to issue the building permit for Goodyear Service Center at 121 Benson Pool Road and further motioned that Council waive the 50 foot set back per ordinance thus approving the 40 foot set back per plan submitted. The motion further stipulates that City sewer and water facilities be installed. Motion seconded by Homer Kuhl and voted unanimous. MEMO: The request to waive sidewalk installation was denied and engineering and installation of 230 feet of sidewalk along the front of the property was referred to P. J. Sutton. It shall be further noted that building permit issued by Cobb County for this structure was withheld and sub- sequently withdrawn when it was learned the property was contiguous to Smyrna corporate limits. On R. J. McCurry-s motion, the building permit was authorized and issued for a business known as Waffle House oP Georgia, Inc. located on the east side of So. Cobb Drive immediately north of Smyrna Brake and Alignment. The motion seconded by D. L. Mixon was voted unanimous. Mr. Joe Rogers, owner, agreed in Council to reimburse the City up to 50~ of the total sewerage installation cost or $1,808 per estimate of J. E. David. The sewerage, 710 feet plus three man holes, to be installed from existing man hole on Powder Springs then west to the right-of-way of So. Cobb Drive thence north along the right-of-way to the Waffle Shop. 113 (Continuation of June 7, 1965 Minutes) A building permit was issued for Ward Street apartment project swimming pool, estimated cost $l~,000, on motion J. B. Ables, seconded Homer Kuhl. The proposed amendment per publication to the Comprehensive Zoning Ordinance Section 6 came up for hearing. Upon submission the proposed ordinance would be known as Section 6-C. J. B. Ables motioned to adopt the ordinance as read and amended. Motion seconded by Homer Kuhl and voted unanimous. Copy of ordinance entered in the minutes and made a part thereto. O R D I N A N C E ~ WHEREAS, the City of Smyrna desires to permit the reservation and commitment of specifically described property for commercial purpose, by virtue of which upon designation as such the owner shall acquir®, by the expenditure of funds for improvement thereon, a right to have the said property treated as commercial, the specific use to be determined by further zoning application to be submitted as such other zoning application, the question on such future application being confined solely to the suitability of the proposed use in a commercial district. NOW, THEREFORE, be it ordained by the Mayor and Council of the City of Smyrna and it is hereby ordained by authority of the same as follows: The comprehensive zoning ordinance as adopted in 1961 and as amended subsequent thereto is further am®nded by inserting a new Section to be known as "Section 6-C", Commercial District, and the presently numbered Section 6 and all Sections subsequent to said Section shall be renumbered chronoligically thereafter, said new Section 6-C to read as follows: "District +C+ upon application by the owner and the payment of such fees as has otherwise been provided for application for zoning of property for commercial purposes, specifically described property may be classified, designated and zoned as +District C+. The classification, designation and zoning of such tract shall pertain only to a FUTURE-USE of the said property and no immediate right to use or occupy the same for commercial purposes shall be permitted until said applicant shall have regularly and properly been granted specific zoning for the purposes described in Districts C-1 or District C-2. It is declared to be the intent and purpose of such classi- fication, designation and zoning as +District C+, by the zoning authority of the City of Smyrna, Georgia, that the same shall permit an orderly transition of property from another use permitted in a district heretofore established and provided for or hereafter designated and established and shall constitute the exercise of zoning powers to the extent that the property owner shall be secured of any right to use said property for Commercial purposes but the same shall not be construed as granting or permitting a specific Commercial use nor the right to enter upon, use or occupy the same for commercial purposes until a specific use has been authorized upon a subsequent and further application for classi- fication, designation and zoning of the same as +District C-1 or District C-2+. It is further declared to b® the intent and purpose of such classification, d®signation and zoning as +District C+ that the same shall be a temporary, transitory zoning, pending the further action of the zoning authority of the City of Smyrna, Georgia. To the extent herein provided, it is the intent and purpose of such classification, designation and z©ning as +District C+ that the owner of such tract shall acquire a vested interest in the use of the property for commercial purposes, and the zoning authority has exercised the descretion to zone the described tract for commercial purposes. 114 (Continuation of June 7, 1965 Minutes) ORDINANCE (Continued) Upon the application made subsequent to classification, desig- nation and zoning of property as District C~ for the purpose of rezoning from District C to District C-1 or District C-2~, the sole question for consideration, decision and action shall be the suitability of the use applied for in a District C-1 or District C-2 and the general purposes of the zoning rules and regulations, to-wit, public health, safety, order, convenience and welfare of the community.' All regulations or parts of regulations in conflict herewith are hereby repealed." Zoning Petitions The accepted Council a change C. zoning petition fo and authorized for to be June 28, 1965, in zoning from R-1 r the Marston-McCollum property was publication. Hearing before Mayor and at 7:30 P.M. The application requests to Classification designated as District The second petition submitted by Robert M. Fowler refers to a parcel of land on the north side of Cherokee Road, 175 feet east from northeast intersection of Cherokee Road and Cherokee Trail. The petition requests this property be considered as District C zoning. Council set June 28, 1965 as the date for hearing on motion R. J. McCurry, seconded J. C. Porterfield. MEMO: This hearing is subject to the six months time limitation from~~e of previous application. The third petition heard by Council was requested by Mr. A. C. West to consider zoning of 't he B. F. Reed property lying east of the L & N Railroad from R-1 to District C classification. Council, on J. B. Ables~ motion, set the hearing date at June 28, 1965, 7:30 P.M., seconded Homer Kuhl and voted unanimous. MEMO: Mr. West appeared in Council and withdrew the pending applica~on for hearing on the above parcel of land. Council voted unanimous on D. L. Mixon~s motion to accept the withdrawal based on expressed legal techni- calities. Five bids were received in sealed envelopes in connection with Council approval to install sewer lines on Estelle Court and Kathy Lane. The bids were opened and read in Council as fol3ows: Location Bidder Estelle Court. Kathy Lane Hale Construction Co. $'x,889.58 $1,521.40 J. E. Lovern 2,984.20 1,4.10..30 Lord & Kirkendahl 4,071.20 1,658.50 B & B Pipe Line 3,772.22 1,847.20 R. L. Hamby 7,784.75 4,087.00 On motion by D. L. Mixon, the low bid of the J. E. Lovern Con- struction Company was accepted subject to tabulation and check out of specifications. Motion seconded by R. H. Wood and voted unanimous. In final action, the Council: 1. Referred the 1965 first quarter statement of Hensley- Schmidt, Inc. to P. J. Sutton for ch ecking out. 2. Requested revised statement ($4,057.98) from Sam Finley, Inc. covering Staeet and park labor and materials. 3. Deferred for committee meeting June 19, 1965, 9:00 A.M., finalization of the street committee report on repairs and 1965-66 budgets, and for inclusion on 6-21-65 agenda. 4. Discussed the Spring Road project regarding acquisition of rights of way. --~ 11K (Continuation of June 7, 1965 Minutes) 5. Heard comments regarding pedestrian safety, east and west crossover, at the Spring Street light. b. Authorized, on motion by R. J. McCurry, which carried, to install posts behind sidewalks at front of the Aiken building and to install (No Parking) signs. 7. Commented on a metal fence Concord Road, Otis White property, and referred the action on relocation of eR• fence to Mr. S. P. Hensley for report in Council June 21, 1965. 8. Confirmed, on R. J. McCurry~s motion, the appointment of Mr. W. D. Pate as City Auditor for 1964-65 fiscal year. 9. Set the date for the first Council meeting in July on July 10, 1965, 9:00 A.M., by reason and pursuant to the Charter, the first Monday in July falls on a regular holiday. Motion by Homer Kuhl, seconded by J. C. Porterfield. 10. Referred to Councilman J. B. Ables to check on incinerator codes. City Hall will deny business licenses for sale of this equipment pending Council action. 11. Approved on motion J. B. Ables, erection of an arch type masonry sign at entrance gate of Smyrna Memorial Cemetery per request of Mrs. Maxie Nelson. Motion to ad3ourn 10:30 P.M., 6-7-65. Meetings to follow: June 19, 1965, street and budget committees, 9:00 A.M. June 21, 1965, mid-month Council meeting, 7:30 P.M. June 28, 1965, fiscal year end Council meeting, finalized budgets and zoning hearings, 7:30 P.M. JUNE 21, 1965 The mid-month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, above date, 7:30 o~clock P.M. Mayor Geo. ?'d. Kreeger presided, six Council Members present, R. H. Wood, absent. Also, absent, L. W. Charles, City Clerk, who was attending Georgia Municipal Association meeting. Invocation by Homer Kuhl. Mr. Richard Adams, 106 Stonecreek Road, appeared before Council seeking relief of a water drainage problem at 106 Stonecreek and a vacant lot next door. Mr. Adams also stated the vacant lot was covered with debris and requested that it be cleaned up. Mr. Porterfield stated he had asked Mr. Broyles, Supervisor of Sanita- tion Department, to contact the new owner and have him cut out underbrush, etc. Mr. Broyles not present at this meeting. Mayor Kreeger appointed a corrunittee of D. L. Mixon, Chairman, J. C. Porterfield, and J. B. Ables to work with Hensley-Schmidt Engineers to come up with a solution to this problem. Mrs. Jeanette Evans, 282 Lov® Street, appeared before Council requesting a clean up of the neighborhood and reporting a distur- bance of the peace in the neighborhood the previous night. Mr. Ables stated the Police Department was investigating but were not at liberty to make a statement at this time. Mrs. Helen Lee, Den Mother, Mrs. Joan Mayfield, and members of Cub Scout Den 5, of Boy Scout Troup 426, presented puppets the boys had made o£ City officials in connection with their study of City government. llb (Continuation of June 21, 1965 Minutes) Building Permits On recommendation by building inspector C. M. Hamby and sub- mission of prints, the Council approved the following permits: 1. Petitioner, Pilcher Livingston & Wallace - new building Smyrna Federal Savings and Loan Assn., Cherokee Rd., Approximate cost $253,000. Motion by J. C. Porterfield, second C. M. Chapman, and voted unanimous. 2. James E. Freeman, New car agency, 2469 So. Cobb Dr. petitioner - Granting of the permit hinged on a 40 ft. set back rather than 50 ft. After some discussion, on motion J. B. Abler, second D. L. Mixon, the 50 ft. set back requirement was waived on all property from Belmont Hills School property to Cherokee St. Voted unanimous. 3. Q. S. King, petitioner - Addition to present King-Williams office building, No. Atlanta St. Motion R. J. McCurry, second Homer Kuhl, and voted unanimous. 4. Q. S. King, petitioner - 56 Apartment Units, 2430 Ward St. Motion Homer Kuhl, second R. J. McCurry, voted unanimous. In reference to Lots 12 & 13, Block C, Hickory Acres, Mr. Hamby stated he felt that due to the revere drainage problem these two lots were out of his 3urisdiction and should be turned over to engineering. A discussion followed and Mayor Kreeger asked Mr. Hamby to get together with Hensley-Schmidt engineers and decide what should be done. Disposition of building permit for Texaco Oil Company at So. Cobb and Brown Circle Was postponed until June 28, 1965 meeting. Mayor Kreeger appointed a coirnnittee of Homer Kuhl, J. C. Porterfield, and C. M. Hamby to check out and report at this meeting. Mr. Berl T. Tate, City Attorney, reported on Spring Road progress. He stated that nine parcels of land, starting at Love Street, were ready to b® worked on. J. C. Porterfield reported that the committee on street repairs met and had decided to release to Finley for paving: Powder Springs to Old Concord King Spr3,ngs at Concord Fuller Street Foster Street Turn Around Roswell at a cost of ($12,809) for time being. and Hawthorne to be held up A discussion followed, at which time, it was pointed out that Powder Springs should be field up until after sewerage is installed (Mr. Lovern ordered materials this week). It was decided to hold off on all resurfacing for present time. In the absence of Philip J. Sutton, Itsms No. 8 and 9 of the Agenda - Hensley-Schmidt Invoice and Sam Finley Invoice were de- ferred to 6-28-65. Bids for Fire Chief's car were opened as follows: Strother Ford Gal. 500 2689.69 Cus. 500 2563.57 Day's Chev. Co. Impala 2514.66 Bel Air 2406.22 Wade Ford Gal. 500 2332.41 Cus. 500 2216.41 Anderson Motors Impala $ 2416.91 Bel Air 2307.57 MEMO: Prices include power brakes and power steering. 117 (Continuation of June 21, 1965 Minutes) Homer Kuhl moved that the Wade Ford Company bid be accepted on the Galaxie 500, including power brakes and steering, second J. C. Porterfield, and voted unanimous. Council deferred action on May 1965 Minutes and Financial Reports to 6-28-65. R. J. McCurry made a motion to pay off balance on Burroughs F-1500 Bookkeeping machine. Motion seconded by Homer Kuhl and voted unanimous. Report on 1965-66 operating budget deferred to June 28, 1965. J. C. Porterfield stated the City has two pieces of obsolete equipment: GMC tractor and low boy trailer. Tractor GMC tractor truck, year model 1955, Serial No. 6324222264. Trailer (Low Boy) - Birmingham, Year model 1946, Serial No. 415F1T330 Council agreed on motion J. C. Porterfield to declare equipment surplus and advertise for bids. There was also a discussion regarding the trade-in of the HD9 dozier and HD5 loader on a new loader. On Mayor Kreeger's suggestion, J. C. Porterfield was authorized to obtain bids on new loader by Monday, June 28. The securing of street sweepers for the City was discussed. No vote. After a brief discussion by Homer Kuhl regarding Ordinance, "Unlawful Assemblies", copy of which was passed out at last meeting, J. B. Ables suggested giving to City Attorney to be brought up at next meeting. No vote was taken. Motion to adjourn 9:35 o~clock P. M. Next meeting Jun® 28, 7:30 o~clock P.M. JUNE 28, 1965 A called meeting was scheduled and held at City Hall, Smyrna, Georgia, above date and declared in session at 7:30 P.M. by Mayor Geo. W. Kreeger. All Council Members present including City Attorney, Clerk, Works Superintendent, Building Inspector, Department Supervisors and Consultant Engineer. Zoning In the first order of business a letter addressed to Mayor and Council was read withdrawing the zoning petition (advertised for hearing this date) fora parcel of land fronting on Cherokee Road, 175 feet east from intersection of Cherokee Road and Cherokee Trail. Robert M. Fowler, agent for petitioners, (Drs. Patterson and Parker) did not request Council action in setting subsequent hearing date for rezoning property from C-1 Restricted to C ommercia 1 District "C". No opposition appeared concerning scheduled hearing on petition to rezone from R-1 Residential to Commercial District "C" the properties of H. P. McCollum, Martha McCollum and H. L. Marston on Marston Street in City of Smyrna. Motion to rezone per petition advertised of record by C. M. Chapman and voted unanimous on second R. H. Wood . 118 (Continuation of June 28, 1965 Minutes) Application of Arnold C. West to rezone B. F. Reed property from R-1 Residential to Commercial District "C", (a parcel of land adjacent to Marston Street zoning) came up for hearing as scheduled. During discussion, R. J. McCurry motioned request for rezoning be denied. On second by Homer Kuhl the motion lost. Motion to rezone per petition by J. B. Ables, seconded by D. L. Mixon and carried six to one, R. J. McCurry voting against. Properties of the Marstons, McCollums, and A. C. West are hereby recorded as "C" Commercial district for map recording and future land use permits. Denial of zoning petition (hearing 6-7-65) from R-1 Residential to R-2 Multiple Family Restricted came before Council this date calling out dissatisfaction of Council action (6-7-65) and petitioner H. A. Peeler desiring to obtain a writ of certiorari. Upon motion of R. J. McCurry, seconded by Homer Kuhl, the Certiorari Bond signed by H. A. Peeler, as principal, and the United States Fidelity and Guaranty Company, as surety, dated June 28th, 1965 was accepted and ordered filed. On unanimous vote City Clerk, L. W. Charles, was authorized to certify all legal documents for submission to H. A. Peeler's attorney, Mr. W. S. Northcutt. Bids received on front end loader per specifications submitted were ordered opened as follows: Bidder Make Straight Trade Sale HD-~ HD-9 McGill Equip. Co. (Cas®) 10,400 1,400 1,000 Stith Equip. Co. (Michigan) 12,252 500 ----- Yancey Brothers (Caterpillar) 17,630 2,763 3,263 Tri-State Tractor Co. (Huff) 12,438 1,148 388 Road Machinery Co. (Allis- 14,250 1,750 1,750 Chalmers) Motion J. C. Porterfield, second C. M. Chapman, to refer all bids to committee for check out and tabulation and return to Council July 10, 1965. Invoice, Sam Finley, Inc., covering labor and materials on Fuller Street, Foster, Lake Drive and Lake Park tennis courts, period October 1964 through January 1965, was authorized for payment t$4Q57.98) on motion by J. C. Porterfield, second J. B. Ables, and noted six to one, R. J. McCurry opposed. On the recommendation of Mayor Geo. W. Kreeger, Council, on motion by Homer Kuhl, recommended referral of the following problem to Mr. M. D. Hodges and C. M. Hamby for solution. The motion stipulates building permit be granted with provision that revised north end structure of So. Cobb Plaza shall be erected with fir6 resistant partitions separating beauty shop and barber shop, all in full compliance with Southern Building Code and Southeastern Fire Underwriters Code. Motion seconded by R. H. Wood and carried. MEMO: Original papers supporting application for building permit see prior minutes) did not call out specifications of north end occupancy of South Cobb Plaza regarding separating partitions for multiple tenants. Council discussed City owned facilities on Spring Road project and cost of relocation of water lines, sewer and lift stations and recommended the following solution regarding cost of said re- location as per recorded motion of Councilman J. B. Ables: MOTION: "We employ Hensley-Schmidt Engineers, Inc. to submit study relating to relocation of utilities on Spring Road connector project. Engineering cost to be fully covered by state funds appropriated for this purpose and further that letter be prepared and submitted to State Highway Department justifying that City of Smyrna is not staffed to prepare plans and cost estimate regarding this reloca- tion project and that Hensley-Schmidt, Inc. is hereby approved per the motion to perform this assignment." Motion seconded by Councilman C. M. Chapman which carried. 119 (Continuation of June 28, 1965 Minutes) Council accepted as submitted minutes of May 3, 1965 on motion of J. B. Abler. Motion carried. Council accepted as corrected minutes of May 17, 1965 on motion of J. B. Abler. Motion carried. R. J. McCurry discussed and motioned malt beverage retail ~,. license be issued to Clayton C. Smith on his application for license located at 763 North Atlanta Road (currently Sellars Package Store) with provision that license issuance is contingent on proof of purchase or lease of the existing business from Mr. Sellars. Motion seconded by J. C. Porterfield which carried four to three. For the motion: J. C. Porterfield, D. L. Mixon, C. M. Chapman and R. J. McCurry. Voting against: Homer Kuhl, R. H. Wood and J. B. Abler. Prier to acceptance of 1965-66 fiscal budgets the Council: a. Referred building permits on (2) lots in Hickory Acres to be withheld pending drainage check out by building inspector and City attorneyts report on legality of building permit revo- cation or withdrawal after issuance. b. Approved, in the interest of land values, the waiving of 50 ft. set back for the new Smyrna Federal Savings & Loan Association building. Waiver of code regulations (1961) places front wall of bank building in line with medical building erected prior to existing codes and on motion by Councilman Homer Kuhl, second by R. H. Wood, the motion includes and in effect on adjacent properties west to authorized and established buffer zones on north side ofCherokee Road. c. Authorized on R. H. Woods recommendation the waiving of bids to purchase labor and material to recoil overhead, Teen Canteen, in the amount of $500.00. On D. L. Mixonts motion the vote was unanimous. d. Accepted on motion by R. J. McCurry, which carried, authorizing a letter from City Hall to Red Head Oil Company on No. Atlanta Road to abandon usage of temporary septic tank and tap-on City sanitary facility within thirty (30) days or cease all operations. The motion was seconded by Councilman Homer Kuhl. The final two and one-half hours of the above dated meeting was absorbed in setting the 1965-66 departmental general fund operating budgets. The fiscal budget was adopted at 12:20 A.M. and reproduced and made a part of the above dated minutes. Motions were made concerning the finalized budgets as follows: Motion by Description Homer Kuhl Mrs. Kathryn Jones assigned as assistant librarian, grade #6, at $50.00 per month under the scale of librarian, Mrs. Estes, effective 7-1-65. Homer Kuhl Employ Betty Martin as library clerk full time at $200.00 per month, effective 7-1-65. J. B. Abler Approve Police Dept. budget from 15 to 17 personnel. MEMO: The Sanitation budget ($98~73b.00) included two part-time men and $12,798.00 for new containers. The final approved budget ($82,719.00) deleted the laart- time employees and the containers. Action Unanimous Unanimous Lost 4 to 3 120 (Continuation of June 28, 1965 Minutes) J. C. Porterfield Reduce containers budget to $6,798 and eliminate $3,100 salary of fill-in or part-time employees. J. C. Porterfield Delete full containers cost $12,798 and part-time employees $3,100. J. B. Ables Set limitation on Sanitation Dept. personnel at 15 employees in- cluding supervisor. MEMO: The Fire Dept. budget approved in the amount of $134.,380.34. includes $60,000 Capital Expenditures. for a new Fire Station. DEPARTMENTAL OPERATING BUDGETS 1965-66 FISCAL YEAR Department City Ha 11 Garage Library Maintenance Civil Defense Streets Police Fire Sanitation Sewer Dept. (Trt. P1ts) Parks TOTAL ............. Adopted Budget Lost 4 to 3 Lost 4 to 3 Unanimous $ 108,504.04 29,494.24 14,724.00 26,716.90 4,098.00 66,588.70 87,230.44 134,380.34 82,719.05 28,170.64 40,400.00 $ 623,026.35 Motion by R. J. McCurry to adopt the above recorded general funds operating budget for 1965-66 fiscal year, second Hvmer Kuhl, and voted unanimous in the amount of $623,026.35. Motion by R. J. McCurry to adopt the Water Department budget in the amount of $237,331.00 for the fiscal year 1965-66. Motion seconded by J. C. Porterfield and voted unanimous. Motion R. J. McCurry, seconded by Homer Kuhl, that this Council reserve 3.25 mills for transfer from ad valorem tax revenues to general obligation bond sinking fund. The anticipated revenues for general operations for the 1965-66 fiscal year for the City of Smyrna were estimated at $635,111.97. Motion to adjourn 12:20 A.M. Next meeting July 10, 1965, 9:00 A.M. 121 G. W. Kreeger, Mayor ~ .«at . c rry, ounc man ar Finance Administration ~ ~~ . Wood, Counci man, and Parks & Recreation L. W. Charles,~itp Clerk es, ounc man, ar anitation omer u Coune man, ar Police, Fire & CD 4 ~ ~:% ~~-- anie axon, Counc m n orte ® , ounc man Ward 5, Water Ward 6, St sets & Maintenance apman, ounc man-a - arRe 122 JULY 10, 1965 The first meeting of Mayor and Council in the month of July was held on the above date and called to order at 9:00 A.M. by Mayor G. W. Kreeger. All council members were present. Prior minutes record a change in the meeting date to 7-10-65 by reason of Independence Day Holidays. Citizens appeared regarding drainage problem, Bank Street and Sanford Road, claiming the installation of curbing in 1963 diverted surface water across front yards. Corrective action referred to Councilman J. C. Porterfield and J. E. David. Mayor G. W. Kreeger requested connection of Sanford water line to Bank Street service line for better distribution and elimination of rust. On motion of J. B. Abler, seconded by J. C. Porterfield, Council accepted with regrets the resignation of Sanitation Super- visor, V. M. Broyles, effective July 17, 1965. The vote was unanimous. Final salary to Mr. Broyles shall include two additional weeks of earned vacation pay. In connection with above termination, a motion was made by J. B. Abler to transfer maintenance supervisor at his current rate and classification for ninety days. The motion also stated to transfer Mr. Cantrell's current salary to the sanitation budget on 8-1-65. Motion seconded by R. H. Wood and voted unanimous. MEMO: Mr. Cantrell shall be up-graded at the end of the ninety day pro5ationary period to sanitation supervisor with the classification and salary as called out in current wage scale. Council discussed the specifications regarding purchase of one loader which resulted in a variance of opinion regarding the specifications. A motion was made by J. C. Porterfield to purchase the J. I. Case equipment. Motion seconded by C. M. Chapman. Further discussion on the motion resulted in a move by R. J. McCurry to table, second by Homer Kuhl. The motion carried five to two. J. C. Porterfield, C. M. Chapman, voting against the motion. Mayor G. W. Kreeger referred the purchase of above equipment back to the committee adding J. B. Abler to Committee for Snal action on 7-19-65. Two petitions for certiorari by H. A. Peeler, Sr. were submitted in Couneil by City Attorney Berl T. Tate for distribution and reading of all City Council members. A letter was read in Council from State Highway Department of G®orgia in connection with relocation of the Spring-Campbell Road traffic control light by reason of the four laning project, S-US-1383 (1). The letter in substance states the City of Smyrna shall assume full responsibility in connection with relocation, resetting of the detectors, holes, span wire and signal heads. Motion by Homer Kuhl, second by J. B. Abler, that the City of Smyrna shall assume full responsibility in up-dating the traffic signal on Spring Road and Campbell intersection to conform to the uniform traffic control manual of July 1962. Voted unanimous. Council was unanimous in denying a business license to Mr. Bascom Morgan for the sale of produce in the City of Smyrna from a truck. ,,. Agenda Items No. 6, 7, and 10 were deferred to July 19, 1965. Other items for discussion and/or action: On R. J. McCurry's motion, the revised statement covering engineering services, Hensley-Schmidt, Inc., for the period January through April 1965 in the amount of $1,594..87 was authorized for payment . Applications for retail malt beverage license came up for action. The first application refers to malt beverage sales at Ma3ik Market No. 32 located at Crestwood Trail and So. Atlanta Rd. Application was denied by unanimous vote on motion J. B. Abler, second Homer Kuhl. 123 (Continuation of July 10, 1965 Meeting) The second application for malt beverage license refers to Majik Market No. 15 located on So. Cobb Dr. and Cherokee Rd. Motion by J. B. Ables, second Homer Kuhl, that the application be denied. Vote was 6 to 1 for denial, R. J. McCurry noting against the motion. In the discussion of deferring street resurfacing, D. L. Mixon motioned that Powder Springs Street west of So. Cobb Dr. '~"" shall have priority and the project completed as soon as possibl®. There was no second, the motion died. It was requested that Philip J. Sutton check out for drainage problems. catch basins and drain pipe installation. There being no further business, J. C. Porterfield motioned to adjourn. Adjourn 10:35 A.M. Next meeting July 19, 1965, 7:30 P.M. JULY 19, 1965 The mid-month financial meeting was held and called to order above date at 7:30 P.M. Mayor G. W. Kreeger presided. Council members present, J. C. Porterfield, Homer Kuhl, J. B. Ables, R. H. Wood, R. J. McCurry. Absent D. L. Mixon and C. M. Chapman. Also present, City Attorney, City Clerk, Building Inspector and Department Heads. No citizens appeared with reports for Council action. Building Permits 1. Texaco Service Station, So. Cobb at Brown Ct. - Mr. J. W. Davis appeared for the company and submitted in Council plot plan of the structure. The question regarding issuance of permit hinged on signs and sidewalks. On motion J. B. Ables, Council waived the 20 ft. set back per code and authorized (overhead, pedestal typ®) sign with a 12 ft. set back from right-of-way. Motion was seconded by R. H. Wood which carried. In connection with a directional sign mounted on the building canopy, Council found no objection and authorized installation. Council further authorized, on J. B. Ables~ motion, second by J. C. Porterfield, the installa- tion of a sidewalk per existing code shall be constructed on the north side of Brown Court from the So. Cobb right-of-way and easterly to the Texaco property line. In connection wit the purchase of the property, the City Hall furnished a reproduced building permit application and receipt for cost of said permit to Mr. Davis for submission to the home office. Final action on the Texaco Service Station came on motion J. C. Porterfield that a building permit be granted calling out above waivers and restrictions. Motion seconded by J. B. Ables and voted unanimous. 2. Goodyear Service Center, Benson Pool Road - Council waived the code referring to sign set back and authorized issuance of permit for installation of the Goodyear sign east of the Service Center. 124 (Continuation of July 19, 1965 Meeting) 3. Central Neon Company - Permit requested to install a revolving neon sign between Ventura Rd. and So. Cobb right-of-way for food distributors known as Franks-Ville. The motion by R. J. McCurry authorized issuance of permit covering the above mentioned neon sign contingent with the restriction that the sign does not revolve on private or highway property. 4. Council approved issuance of malt beverage sign permit con- tingent on compliance with existing code regarding set back, height, etc. for malt beverage retail store on Jones Shaw Road. Motion to issue permit by J. C. Porterfield which carried. In connection with the discussion of specifications covering one new loader, Councilman J. C. Porterfield recommended and motioned to accept the low bid of McGill Equipment Company, Inc. for one Case Model W-7 diesel powered motor in the amount of $8,000.00. Motion passed unanimous on second by J. B. Abler. Payment upon delivery and inspection to be made from the Water Revenue fund. In a discussion regarding water pressure in the Church, Old Concord Road area, Mayor G. W. Kreeger requested corrective action by tying in the existing line on Church Street to the water main on the west side of So. Cobb Dr. City Attorney Berl T. Tate reported in Council progress to date on Spring Road right-of-way acquisition, and stated the H. A. Peeler petition (certiorari) was in preparation for submission to the Superior Court prior to August 6, 1965. Mr. Tate further reported his check out of the laws and charters concerning revocations of building permits after issuance. It was brought out that the City Charters are silent in connection with permit revocations. The question was brought up in con- nection with the issuance of two building permits for residential' structures in low lying lots in Hickory Acres. On motion by J. B. Abler, the two permits were ordered revoked and returned to City Hall and reimbursement be made to the applicant in the total amount of building permit fees. Second by Homer Kuhl and vote was four to one, R. J. McCurry opposed. In connection with the deposit of the State of Georgia gasoline tax check in the amount of $27,675.46, it wasag~eed: 1. Deposit shall be placed in the general fund. 2. The accounting for expenditures from said fund shall be entered on separate ledger. 3. Expenditures from the fund shall appear on the monthly :E'rign~ial reports as a supplement to the street department monthly budget statement. 1~.. The recommendation was approved by finance director, e11 Council in agreement. Council members were requested to submit financial budget details to City Hall for transfer to internal records. Regarding the detailed assignment covering re-alignment of wards up to and including voting lists on schedule, the Council agreed to the request for additional help as required and further agreed to deny requests for voters lists and any and all other information regarding the 1965 election from above date through September 30, 1965. In final action the following resolutions were adopted on unanimous vote: Motion J. B. Abler, second R. H. Wood, " We 125 (Continuation of July 19, 1965 Meeting) adopt and go on record endorsing and supporting the Cobb County Bond issue without exception." On motion J. C. Porterfield, the following resolution is recorded and made a part of the finalized minutes: RESOLUTION -SPRING ROAD AND CIRCUMFERENTIAL HIGHWAY 285 NOW, THEREFORE, be it resolved, and it is hereby resolved ~"'"" by th e Mayor and C i ty C ounc i l of Smyrna tha t the Honorable Ernest T. Barrett, Chairman of the Board of Commissioners of Cobb County, Georgia, be requested to appeal to the Highway D®partment of the State of Georgia to construct a temporary and permanent exit ramp on the westerly side of U. S. Highway 41 so as to permit a safe and orderly exit from Circumferential Highway 285 directly onto Old Spring Road. Motion J. B. Ables, second Homer Kuhl, to adopt the following resolution concerning Hawthorne Street railroad crossover: RESOLUTION - HAWTHORNE STREET RAILROAD CROSSOVER: NOW, THEREFORE, be it resolved, and it is hereby resolved by the Mayor and City Council of Smyrna that the Public Service Commission of the State of Georgia be requested to negotiate for the widening of Hawthorne Street at its intersection with the Western & Atlantic Railroad and to install signal control lights at said intersection so as to provide for the safe and orderly crossing at the said intersection and to permit the City Council to increase the speed limit of trains traveling through said intersection. Motion to adjourn 9:50 P. M. Next meeting August 2, 1965, 7:30 P. M. r ~. G. reeger, ayor r es, ty er j~ ~ r . c try, ounci man, , ~ es, ounc man, ar Finance Administration anitation \~ f, oo , ounc amn ar , Omer u ounc man, ar , Parks & Recreation ~ Police, Fire & CD lianiel L. rtlxon, ounc Ward 5, Water c, torte 'field", Councilman and 6, St eats & Maintenance C. M. Chapman, Counci man-a - arge 126 AUGUST 2, 1965 The regular scheduled meeting pursuant to the Charter was held at Gity Hall, Smyrna, Georgia, August 2, 1965, and called to order at 7:30 P.M. Mayor G. W. Kreeger presided. All Council Members present, also City Attorney, Clerk, Building Inspector, Public Works Superintendent, Consultant Engineer and Department Heads. Mrs. W. R. Emmett reported in Council apparent violations of the City Zoning and Business License Ordinances concerning the property at the intersection of Spring and Corn Road occupied by Mr. Cargle, operator of a business known as Ed~s Tree Service. Complainant states that trucks loaded with trash and limbs are parked overnight and that business is conducted from the premises. Business License records show the business as 106 Roswell. Motion by R. J. McCurry, seconded by Homer Kuhl, that the Business License for Ed"s Tree Service, 106 Roswell Street, is hereby revoked. The motion carried. Councilman R. H. Wood reported on surface water in yards, area Bank Street at Sanford Road, and stated that corrective action will start 8-16-65. Committee Chairman D. L. Mixon reported on drainage problem, 106 Stoneereek, stating that P. J. Sutton is preparing an engineering report to be submitted to Council. Upon submission of the signed easement, R. H. Wood motioned to authorize the paving of Fuller Street to the Atlanta Street intersection. Motion seconded by Homer Kuhl and passed. Councilman J. C. Porterfield discussed the Lake Drive paving and recommended that Sam Finley, Inc. submit cost of asphalt curb to protect the roadway into Lake Park. Council called out September 7, 1965, 8:00 P.M., to open bids for sewerage facilities to Waffle Shop Inc. Motion J. C. Porter- field, second Homer Kuhl. Unanimous. In connection with the Spring Road project, City Attorney Berl T. Tate, stated that acquisition rights-of-way were delivered to appraiser Paul J. Brown with one exception and that papers on several condemnations were in preparation. Councilman C. M. Chapman and Elmer Wester stated the drying bed and grit pit could be installed at a cost under $5,000.00. It was agreed to submit the original specifications for bid opening September 7, 1965, 8:3o P.M. On motion by Homer Kuhl, the Red Head Oil Company was granted an extension of sixty days from above date to tap on City of Smyrna sewerage system. Council agreed that there would be no deviation from policy ` covered by assessment ordinances regarding collection of fi fa issuance against property owners for improvements. The question was brought up when citizen J. K. Lusk requested relief on curb assessment, Concord Road, by reason of dedication of right-of-way in prior years. Mr. Grady Barnett appeared requesting building permit for a twelve unit one-bedroom apartment project to be constructed in C-1 zoned area on Powder Springs Street. The first action of Council was a motion by R. J. McCurry, seconded by D. L. Mixon, to delay all action pending receipt of plans, specifications, building permit application, and check out by the building in- spector. The vote was six to one, J. B. Ables voting against the motion. Council agreed to withhold further action allowing time for Mr. C. M. Hamby to check out the plans for the twelve unit (Continuation of August 2, 1965 Meeting) 127 apartment structures which was brought back to Council at 10:00 P.M. Motion by R. J. McCurry that Council accept the application and plans as submitted subject to sidewalks on Powder Springs, buffer area on the north and e:as:t lot lines, and further to with- hold building permit pending further check out and square foot regulations. Motion seconded by J. B. Ables. The vote was five to two, R. H. Wood and D. L. Mixon opposed. ~ On D. L. Mixon~s motion, Council authorized bids to be secured fir traffic control device, South Cobb Drive at inter- section of Powder Springs, and further that all bidders shall submit installation costs using state highway specifications. Bids to b® opened September 7, 1965 at 8:30 P.M. Motion seconded by Homer Kuhl and voted unanimous. Councilman D. L. Mixon reported on Estelle Court crossdrains and resurfacing pending clean out of drain ditches, all the above to be accomplished between 8-3-65 and 8-14-65. A letter was read in Council signed by Mrs. Colleen Reed Guthrie requesting Council action for the improvement of the unpaved area on Stephens Street. There was no final action pending City Ordinance requiring the cost of curb and gutter to be paid for by the abutting property owners. Item 13 of the Agenda referred to invoices from Hensley- Schmidt and certified Letter from H.H.F.A. Referred to Councilman R. J. McCurry. On motion by J. B. Able s, seconded Homer Kuhl, the June 7, 1965 Minutes are hereby accepted as amended. The amendment strikes out detail called out by petitioner in his presentation to the Council on the H. A. Peeler zoning hearing, and further motions to record only the official action of the Mayor and Council re- garding said zoning petition. Voted unanimous. On motion J. B. Ables, second C. M. Chapman, the Minutes of June 22 and June 28, 1965 were adopted as submitted. Proposed ordinance, security, investigation and collection agencies, was referred to City Attorney to include amendments and submit to Council 8-16-65. Council discussed letting for bids 1951 Fire Chiefts car. It was the agreement to hold said car for future trade-in. Council resolved grading, paving and sidewalk repair at the new Health Center on King Street. It was agreed to widen entrance driveway approximately two and one-half feet south and to pave driveway in rear parking area to the southeast corner of. the Aiken Building, also to replace sidewalk at King Street right- of-wag. Council agreed to enforce the Clean Up Ordinance and mail copy of same to owners of property on Church Street, North Atlanta Street, alley way from Bank Street to old theatre. In final action, the Council 1. Discussed air conditioning, heaters and duct system at Teen Canteen and recommended the duct system be installed prior to the recoiling of the overhead. The estimated cost of air conditioning and heaters $8,863, the duct system $3,173. Motion to install duct system R. H. Wood, second D. L. Mixon, and voted four to three. Voting for the motion, C. M. Chapman, R. H. Wood, D. L. Mixon, Homer Kuhl. Voting against the motion, R. J. McCurry, J. C. Porterfield, and J. B. Abler. Expenditures to be determined by the Finance Chairman. 128 (Continuation of August 2, 1965 Meeting) 2. Authorized the erection of two YIELD signs, Evergreen and Leafmore Drive, on motion D. L. Mixon. 3. Authorized Chairman D. L. Mixon to investigate and report to owners dangerous holes on lots on Hickory Acres Drive. !~, Authorized immediate removal of a mobile home parked Floyd Drive and C onco rd Road. 5. Authorized J. B. Abler to answer letters from A & P concerning delinquent garbage fees with request for immediate payment. At 11:20 P.M., J. C. Porterfield motioned to adjourn. Next meeting August 16, at 7:3o P.M. 3s?:-?f ?; ?:-?:-?: ?; ?: ?;'~-?t#if ?s :; ?: ~i'c ?; ~is-~ r..~ xx##?£~?'r;; ?t ?; ?:-i'r?5?: ?; ?;- AUGUST 16, 1965 The mid-month meeting of Mayor and Council was held at City Hall August 16, 1965, at 7:30 P.M. Mayor G. W. Kreeger presided. All Council members present including department heads, consultant engineer, @ity Atterney and City Clerk. In the first order of business, building inspector, C. M. Hamby, presented the plans which called out additional 4,200 square foot structure for the Smyrna Christian Church on Concord Road. On Mr. Hamby~s recommendation, Councilman Homer Kuhl motioned the building permit be issued subject to purchase of business licenses covering all sub-contractors. Motion seconded and passed. The second item under building permits referred to a !~~ x 15+ sign installed on L. Ray Lindsay building, Old Concord Road. No building permit was requested or issued for installation by the Artistic Sign Company. Motion by J. B. Abler to ~asue and approve permit upon application at City Hall. Second by Homer Kuhl, voted unanimous. Mr. Ray Newton, owner of zoned property on east side of Spring Road, submitted plans showing deviation from the original layout submitted in 1963 by Charles A. Mueller Company covering apartments, stores and parking. Approval was withheld pending final layout to be submitted with building permit application. A photograph showing an all metal prefabricated barber shop was submitted by Mr. Dupree with request to Council for approval to locate the building at 651 No. Atlanta St. Motion by J. B. Abler, this body approve the "holiday type" barber shop subject to further study and check out by the City building inspector. Second by Homer Kuhl and voted unanimous. In a discussion which referred to the November 6, 1965 election, the Council app roved the closing date for registration and qualification as September 22, 1965. Also authorized the Smyrna Jaycees to submit the names of 14 of their members to serve as registrars, managers and fudges. 129 (Continuation of August 16, 1965 Meeting) A letter was read in Council from Cobb County Health De- partment referring to trash and debris collected in creek at rear of King-Williams Apartments, 425 Cherokee Road. Mayor G. W. Kreeger referred this item to the Street Committee and City engineer for corrective action. On plans and specifications mailed, one bid was received ~,,,,,,, and opened for chain link fencing of Lake Perk tennis courts. The bid from Marietta Fence Company, Tnc. in the amount of $1,643, on motion by R. H. Wood, accepted by Council and voted unanimous with payment for same to be made from Parks and Recreational Bond Fund. Sealed bids were received in City Hall and opened covering equipment and installation of traffic signal at intersection of Powder Springs and So. Cobb Drive. The bids per specifications mailed are as follows: Thomas B. Coombs, Atlanta, Ga. $1,973.28 Frank R. Parker, Tucker, Ga. $1,798.00 Mayor G. W. Kreeger referred both bids to Street Committee and Engineer for check out against State Highway specifications. Motion by D. L. Mixon, we accept the low bid of Frank R. Parker in the amount of $1,798 pending recommended check out. Motion seconded by Homer Kuhl and voted unanimous. MEMO: The above committee and engineer met August 17 with the~c~e~ermination that the Frank R. Parker bid did not meet State Highway specifications. On the basis of these findings, a contract was awarded to the Thomas B. Coombs Company in the amount of $1,973.28, they having complied with the specifications outlined with the request for bids. In connection with a scheduled meeting July 22, 1965 with the State of Georgia Public Service Commission, L & N railroad officials, the Mayor and City Clerk of Sm~rrna, and civic leaders, it was agreed that the cost of safety devices for the unprotected Hawthorne crossover would be an estimated $10,000 with the L & N Railroad absorbing 50~ of the installation cost and the mainte- nance thereafter. In the meeting above date, Councilman J. B. Ables motioned as follows: "This Council appropriate $2,500 or an amount equal to 25% of installation cost for safety devices and caution light at the grade crossing of the L & N Railroad at Hawthorne Street in the City of Smyrna." The motion seconded by D. L. Mixon and the vote was unanimous. Council referred to the City engineer to determine best route for sewerage facilities to the business establishments on the west side of South Cobb Drive in the area of five commercial establishments and to submit estimated cost by 9-7-65. The proposal to maintain and inspect air condition and heating system for the police building as submitted by Complete Refrigeration Service at $12.00 per month was rejected. In connection with this item, Council discussed the parking of cars and trucks at front entrance of City Hall. On motion by Homer Kuhl, Council approved the erection of signs limiting the parking of cars in front of City Hall to thirty minutes. Second by J. C. Porterfield. The discussion of Powder Springs paving came up in Council with a report that the State Highway in cooperation with Cobb County would resurface Powder Springs at a savings in excess of $3,000. A meeting was scheduled with Mr. Jim Gillis on Friday, August 20, with Councilmen D. M. Chapman, D. L. Mixon, and Commissioner Ernest Barrett in attendance. Motion by D. L. Mixon as follows: "If the meeting scheduled 8-20-65 reveals that state funds are available, and subsequent work order origi- nating with the county materializes, then this Council is in agree- ment to proceed. If no firm commitment is reached or authorized, then this Council agreed to let the contract to Sam Finley, Inc. Motion seconded by J. C. Porterfield and carried six to one, R. J. McCurry opposed. 130 (Continuation of August 16, 1965 Meeting) Item 15 of the Agenda called out an ordinance controling the business of private investigator or security officer. Motion by Homer Kuhl that ordinance be adopted as read was withdrawn. Motion by R. J. McCurry that the proposed ordinance be amended to carry penalty clause was withdrawn. Motion by J. C. Porter- field that this Council establish the classification of private investigator or security officer and set the business license for the individual owner or agent at $100, and further motioned that an additional $50 business license be collected for each employee associated with the individual company or agency. Motion second Homer Kuhl and voted unanimous. On motion by Homer Kuhl, the Ordinance carrying the amended penalty clause is hereby adopted. J. C. Porterfield seconded the motion which carried. Copy of the Ordinance entered in the finalized minutes and made a part thereto, as follows: ORDINANCE 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 One Any person engaged in or who shall engage in the business or capacity of a private investigator or private security officer within the City of Smyrna shall prior to being licensed as such make application to the Clerk of the City of Smyrna. Section Two The City Clerk shall upon the receipt of such appli- cation refer the applicant to the Police Department of the City of Smyrna, where said applicant shall be finger printed and shall supply such additional information concerning residence, employment and habits as necessary to process such applicant through public and private Records and Identification departments or bureaus for determination of the suitability of said applicant for such occupational license. Section Three Upon completion of the requirements of Section Two above, the Police Department of the City of Smyrna shall make such recommendation as warranted concerning the suitability of said applicant for such occupational license to the licensing committee of the City of Smyrna, who shall issue a license for such occupation only upon good recom- mendation. Section Four Any person who is found guilty of engaging in the business or capacity of a private investigator without having obtained a license as hereinabove provided shall be punished by a fine not to exceed $200.00, by imprison- ment in the City 3ai1 not to exceed ninety (90) days, or by working on the streets, sidewalks, or public works of said City of Smyrna not to exceed thirty (30) days, or by one or more or all of these punishments as the Recorder may in his discretion see fit to impose. In other action of this meeting, the members of Council: 1. Heard a report from City Attorney that answers to the Certiorari petition had been filed, also that defensive pleadings and general demurrers had been filed. 131 (Continuation of August 16, 1965 Meeting) 2. Agreed to meet at City Hall, August 28, 1965, at 9:00 A.M., to submit answers to depositions in connection with petition for Certiorari. 3. The Council approved usage of the old Smyrna Health C lini~ for Jaycee director's and committee meetings. ~.. Council rejected use of the old Health Clinic for retention of City records and suggested an area be set aside for said storage at the lower level of the new fire station. 5. Council agreed that the telephone service to the new Health Center shall be borne by Cobb county. 6. Gave unanimous approval to repair and painting four "Welcome to Smyrna" signs. 7. Discussed anddeferred purchase of cash registers for use at park concession stands. 8. Appointed Councilman D. L. Mixon to check out plats, drainage and architectts verification of two proposed residences to be constructed on lots rejected per prior minutes, in Hickory Acres. 9. Approved on J. B. Ablest motion to establish Love Street between Concord and Old L}.1 as a no passing zone by painting double yellow lines between the intersections and further to paint cross- walk at the intersection at Love and So. Atlanta Street. 10. Council deferred salary increase for City Recorder due to lack of budget coverage. There being no further business, the Council motioned to adjourn. Adjourn 9:55 P.M. Next meeting September 7, 8:00 P.M. d;G38s; is 4c#i8i'ri?i;'.i t:-ig?;-~i~-;: iu3~#3:-~i ifi:~#i; it~i£~d:-;~ii~i: ?; :ci;-~;-~~:,~ gc AUGUST 30, 1965 A special meeting of the Mayor and Council was called by Mayor G, W. Kreeger to be held at City Hall above date at 7:30 P.M. All Council members present except R. J. McCurry. The purpose of the special meeting called out the following items for action: Authorize official registrars to register citizens at the Church Street Recreation building during the week starting 8-30-65, and establish a firm date for the re-surfacing of Powder Springs Street. In the first order of business, Councilman Homer Kuhl motioned that Mr. and Mrs. H. M. Cheshire are hereby authorized as official registrars for the City of Smyrna to register any and all citizens attesting to an oath that they will have reached their 18th birthday on or before November 5, 1965. Motion seconded by R. H. Wood and voted unanimous. 132 (Continuation of August 30, 1965 Meeting) Mayor and Council, including Deputy Commissioner R. J. Austin, discussed the resurfacing of Powder Springs Street west from So. Cobb to Old Concord Road. During the detailed discussion period, no final action was voted by Council. Based on R. J. Austin's commitment to resurface the roadway within two and one-half weeks, using county labor and materials, Councilman J. B. Ables submitted the following proposal: "The street committee chairman, J. C. Porterfield, shall contact Sam Finley, Inc. and secure a firm commitment as to starting date for resurfacing Powder Springs with agreement to award the contract to the one sub- mitting the earliest starting date." It was also agreed to coordinate installation of the Powder Springs signal device at the same time. City Attorney, Berl T. Tate, was authorized on motion by J. C. Porterfield to represent Smyrna police officers in a case to be heard in the Recorder's Court, August 31, 1965, at 6:30 P.M. There being no further business, a motion was made to adjourn. Ad3ourned 8:30 P.M. reeger, ayor R. J. urry, Counci n 1, J. A les, Counc man, and , Finance $c Administration Sa tation ~. ~ ~~~ / R. 'Mood, Counci man and , Parks & Recreation ` ~~ ~~ an a xon, ounci an, ar~T, Water ~~ ~~~%~ Homer Kuh , Counc man ar , Police, Fire & CD _r ~` Jl ~ ~ l ~„ ,J o r ~~ a ,, e~ Dune i ~a2-gin, ': and 6, St ets & Maintenance . apman, Dune man-a - arge