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Oct 4/18, 1965' 138 OCTOBER 4, 1965 The regular meeting of Mayor and Council pursuant to Charter was held at City Hall, Smyrna, Georgia, October !~, 1965 and called to order by Mayor G. W. Kreeger at 7:30 P.M. All Council members were present including department heads and the Marietta prase. ,~,,,~, In the first order of business, citizen R. S. Hilderbrand of 106 Bent Hickory Drive, brought up the question regarding the qualification of E. G. Bradshaw, a candidate for the 5th Ward Council post. The question hinged on citizenship requirements and the fact the candidate registered prior to citizenship papers. City Attorney Berl T. Tate in an informal opinion stated the Council would take no action regarding the 5th Ward Council race and further any action would have to be settled through court decision. Mayor G. W. Kreeger appointed J. E. David to meet with Mr. D. T. Roebuck to resolve a drainage problem at Glendale Place and Birch Street. teenage harassm®ntndire~t®d at Mr. RichardsPc©~©bb~non Churchng street. Mrs. He~.en Baldwin submitted petitions of all parcels located on the n®rth and south sides of Cherokee Road for zoning Prom R-1 residential to "C" Commercial district. Petition deletes all previously zoned properties. Council discussed the placing of signs, fees, and suggested the zoning advertisements be separated into groups oP parcels. On Homer Kuhl+s motion the public hearing to rezone Cherokee Road was set at November 15, 1965. Moti®n seconded by R. J. McCurry and voted unanimous. Council approved the following building permits subject to check out by the building inspectors 1. New structure for R. E. Maxwell Easy-Shop located next north of present structure a 60+ ~ 92+ block building, glass front, with 50+ set back. Sewerage to be provided by installation of a pump at the petitioner+s expense. Motion by J. B. Ab1es, second Homer Kuhl. 2. Three apartment structures consisting of 24 units located between the Smyrna Gardens and Woodland Arms Apartments at rear of the professional building on Atlanta Street. Petitioner King- Williams Land Company was granted a building permit contingent on the check out of zoning on motion by R. J. McCurry, second J. B. Ables, motion carried. 3. Building permit for addition (35+ x 20+) to the Cannon Fruit Stand, 653 No. Atlanta Street, was withheld pending sketch and plat of the improvement. The following bids covering a 1966 police patrol were opened and the net bids recorded as follows: Strother-Ford, Mari®tta (less trade-in 1951 Chev & 1964 Ford) $1576.36 !" Wade Ford, Atlanta " " " " " " 1269.40 Beaudry Ford, Atlanta " " » " " " 1490.00 Anderson Motors and Day+s Chevrolet declined to bid by reason 1966 prices were not availabl®. Council accepted the low bid of Wade Ford in the amount of $1,269.40 subject to check out of specifications on motion by H©mer Kuhl, second J. C. Porterfield, and voted unanimous. A plan showing the proposed direction of So. Cobb sewerage from the Waffle Shop was submitted by Mr. J. E. David. The Council approved Homer Kuhl+s motion, second by R. H. Wood, to secure two 139 (Continuation of October l~, 1965 Meeting) bids on the proposed improvement. One bid covering the cost of a shallow line to the Waffle Shop and the second bid calling out the deep cut per specifications submitted. The Spring Road right-of -way property acquisitions were dis- cussed in Council and the following official action taken: The services of Paul J. Brown, appraiser for the City of Smyrna, were terminated as of 9-28-65. Council accepted, per R. J. McCurry's motion, seconded by Horner Kuhl, the agreement between the City of Smyrna and appraisers James H. Pritchett and Robert Floyd Farrar dated 9-28-b5. Copy of said agreement entered in the minutes and made a part thereof as follows: SPECIAL COMMITTEE MEETING OF THE MAYOR AND COUNCIL ep a er , An agreement was entered into between the City of Smyrna and Robert Floyd Farrar fmr the acquisitimn of the right-of-way of Spring Road Pro~eet SUS 1383• Robert Floyd Farrar is to handle the acquisitions of the right-of-way on the following basis: For the total price of $50.00 per parcel he is to appraise the pre~perty within the right-of-way and to negotiate for the purchase of same by the City. The total to be paid for the entire protect shall include his attendance at six assessors hearings at no additional charge. All additional assessors hearings shall be attended by Robert Floyd Farrar at a cost of $20.00 per hearing. James H. Pritchett shall be employed by the City of Smyrna on a consultant basis at a wage of $100.00 per day and shall not be compensated for more than five days work on the entire project. Court attendance in the event of trial shall be attended by James H. Pritchett at a cost of $50.0© for one-half day and $100.00 for a full day. It was agreed that work should be begun by Robert Floyd Farrar and James H. Pritchett on Thursday, September 30, 1965. It is understood from all parties that an effort will be made to complete the acquisitions of the right-of-way within thirty days from the beginning date. Attest: Ls L. W. Charles /s/ Geo. W. Kreeger C ~Z^f"er~ ayor, G i y o myrna Mr. Robert L. Sutton of Hensley-Schmidt, Inc. submitted con- struction and engineering estimates to relocate City facilities by reason of Spring Road widening. This item deferred to 10-18-65 for submission of final engineering costs. Council discussed the extension of time allmwed Red Bead Oil Company to tap on City sewerage facilities and authorized on R. J. McCurry's motion tm withdraw business license on October 5, A.M. if no progress has been made. Second by Homer Kuhl, the motion lost four to thre®. Councilman J. B. Ables followed with an alternate motion to grant Red Head Oil !}8 hours and to revoke business license in the event no progress had been made. Revo- cstion effective October ?, A.M. MEF++ID: All above action withheld by reason of long distance call tom-Ray Wade pending his visit to Smyrna within two weeks. On R. J. McCurry's motion, City Ha11 was authorized to loran $7,000.00 from the General Fund to the E do C Fund to meet current accounts payable. (Sewer and water supplies and accessories). This loan to be repaid when funds in the Extension and Construction Fund aye available. Motion second Homer Kuhl and voted unanimous. 140 (Continuation of October 4, 1965 Meeting) Fiscal year end audit was distributed in Gouncil by R. J. McCurry with an announcement that any and all to said audit would be answered in the next Councilimeetingtanding that City Auditor W. D. Pate would be present. In a discussion on United Appeal drive, Councilman Homer Kuhl moved that this body authorize the City Hall to set up the account- ' ing for payroll deductions for contributions limited to the United Appeal drive only. Motion seconded by J. C. Porterfield and voted unanimous. Mayor G. W. Kreeger appointed a Council Committee of Homer Kuhl, J. B. Ab1es and R. J. McCurry to meet with west side developers regarding annexation, sewerage, City and County taxes, in connection with subdivision developments covering a two year program of approximately 750 new homes. Commissioner Harry E. Ingram and Deputy Commissioner R. J. Austin requested to serve on committee. Meeting scheduled for October 12th, 1965, at 7:30 P.P~i., at Weems Restaurant. Developers, Q. S. King and R. B. Bennett will be present. Others in attendance, Mayor G. W. Kreeger, City Clem, Attorney and Public Works Sup®rintendent. In other action, the Council; Received September minutes for approval in meeting of 10-18-65. to Accepted verbal report pertaining to assignment of Jaycees purge 1965 voters lists. Discussed drain problems as a result of curb build-ups by citizens. A Authorized City Hall to pa 2 treatment plant bid of Lord and Kirkendoll.~ Motiondby$C33M98) on Chapman. Approved on R. J. McCurry~s motion annual Business License for Goodyear Service Center @ $200.00 and $100.00 for balance of 1965. Discussed dredging of creek at rear yards of citizens on Fraser Street and clean up of alley, Bank Street to Sunset. No further business, a motion made to adjourn 10:10 P.M. Neat meeting 10-18-65. OCTOBER 18, 1965 The regular mid month meeting of Mayor and Council was held e~ at 7x30 o~clock P. M. at the City Ha11, Smyrna, Georgia. Mayor G. W. Kreeger presided and all Council members wer® present including department heads and City attorney. In the first order of business, a zoning petition came up for hearing. The property, per petition submitted and advertised, represents sia parcels of improved property on the north side of Hawthorne Avenue in the City of Smyrna Prom a point and the east lot line of the R. I. Smith Barber Shop, thence east at the west side intersection of Davis Drive and Hawthorne Avenue. Fifteen citizens appeared in favor of zoning. No opposition was On motion by R. J. McCurry, the present. residential to "C" commercial area©pwith the requirementRthat land use permits would be issued upon petition and hearing before the Mayor and Council. Motion seconded by Homer Kuhl and noted unanimous. 1l~1 (Continuation of October 18, 1965 Meeting) The Council discussed the Fleming Street traffic light and decided to make emergency repairs followed by a study to change signal device to coordinate with the proposed L & N cross-over safety devices. J. C. Porterfield submitted the estimated re-work cost at $3,500. Per petition and legal description advertised, the property of George D. Patterson carne up for hearing to rezone from R-1 residential to ~'C" District the property not taken on Atlanta Terrace for the Spring Road relocation. The property lies on the north side right-of-way of Spring Road r®location to th® property of the L do N Railroad. There being no opposition, per Councilman J. B. Abler' motion, the property was zoned per petitioner's request from R-1 to "C" District. The motion carried. In discussion and interpretation of the a0" District zoning Ordinance of the City of Smyrna as amended, the Attorney for Mr. Patterson, R. E. Flournoy, Jr. requested Council reconsider coning for C-1 comm~~ial district due to g misunderstanding of commercial district zoning. On motion by J. C. Port®rfield, the above action as recorded on the George D. Patterson rezoning was rescinded. It was further motioned to readvertise the applicant's petition from R-1 to C-1 commercial area and set a date for hearing. Motion seconded by D. L. Mixon and the vote was six to one, R. J. McCurry opposed. Attorney R. E. Flournoy, Jr. withdrew the application for rezoning as above recorded. Motion by Homer Kuhl sets the hearing date for rezoning to C-2 commercial for November 15, 1965. On J. C. Porterfield's second the vote was unanimous. Building Pe_ is 1. Fred McNeal - Office building (2,160 sq. ft.) on the east side Cliff Puryear of So. Cobb Drive. On recommendation of the building inspector, Council approved the plans and authorized issuance of permit waiving 50 ft. set back t® a 40 ft. set back. Motion by J. B. Abler, second by Homer Kuhl, unanimous. 2. Franksville - The building permit to erect a structure on the east side of So. Cobb Dr. with a 40 Pt. set back from the right-of-way was approved. on motion D. L. Mixon, second by R. H. Wood, and voted unanimous. 3. Waffle House - Permit to was issued McCurry. erect a neon sign per existing codes on motion D. L. Mixon, second R. J. !~. Campbell's - A permit to erect a revolving vertical sign on Restaurant the restaurant premises was authorized for issuance waiving the current height limitation. Motion by J. B. Abler, second by R. A. Wood, and voted unanimous. 5, E. Y. Smith - Council, on R. J. McCurry's motion, approved moving one hanging sign to the new office location of Nationwide Insurance on Bank St. 6. Perry-Eskew - Application to construct 106 apartment units on Church St. was denied by unanimous vote. Motion by Homer Kuhl, seconded by J. C. Porter- field. The legal opinion rendered by the City Attorney called out the property remains residential pending court action on certiorari petition and, therefore, the Perry-Eskew application for a building permit is out of order. -- 142 (Continuation of October 18, 1965 Meeting) ?. M. B. Ware - Request for building permit to house one boiler (laundz'Y) unit was denied pending detailed drawings and approval of the City Fire Chief. Council authorized revocation of a business license issued to Curtis and Earl Barbee to repair appliances from truck only. ,,,,,,, Complaints from citizens in the neighborhood, Pineview Drive, ~ indicated the operation was conducted from a rear yard garage. ~' The lic®nse was revoked and fee refunded on motion by J. C. Porterfield, second Homer Kuhl, and voted unanimous. A petition was read in Council listing citizens on Kennesaw Drive stating they had no opposition for a mailing service from the home of Mrs. L. Garvin, 622 Kennesaw Driv®. granted on motion b J. B. Issuance of permit y Ables, second C. M. Chapman, with t he stipulation that no employees and no signs would be permitted as per ordinance. The motion carried. Bids were opened covering a 1966 sanitation truck and deferred for additional study to next Council meeting November 1, 1965. It was reported the cost of repairing the 1962 sanitation truck was $1,695 as submitted by Ernest G. Beaudry, Inc. Bids for the new truck as follows: Recorded Bids Truck pee a uc Make Rear 1 Speed Axle Rear Axle Hub Motor Co., Atl. 1966 Ford $5,355.12 $ No Bid Strother Ford, Mtta. Days Chev. Inc. Acworth 1966 Ford 1966 Ch 4,998.00 202.90 , Anderson Motor Co, Mtta. J k ev. 1966 Chev. 5,424.00 5 490.89 No Bid 215 00 ac Spillers, Inc. Mtta. Marietta International 1966 Dodge , 5,140.08 . 145.05 Sales Mtta 1966 Inter- 5,233.06 1 77.00 , . national The engineering estimate of sewerage Smyrna area covering 3?7 new h expansion in the southwest omes was discussed and refer to co:rIInittee. Mayor G. W. Kreeger appointed R. J. McCurry Chairman to t red back as repor November 1, 1965. City Audi tor, W. D. Pate, appeared in Council to discuss and answer quest~.ena.pertaining to the 1964-65 audit. Mr. Pate was requested to assist in quarterly closing out of City books and to prepare per R. J. McCurryes suggestion a report showing the source of and application of City funds, The minutes of Mayor and Council meetings on September 7 and 20, 1965 were submitted and adopted on motion of R. J. McCurry, second by J. C. Porterfield. Motion carried. On Mayor Kreeger~s request, a survey was authorized covering ,~ the old health center, the new health center and the west side property line for the new fire station. Council reviewed the plans for the proposed new fire station, discussed sub-contracting, letting of bids, and the estimated cost was also reported at $83,275. Deletion of an 18 foot dormitory bay brings the estimate to approximately $80,775. A motion by Homer Kuhl, second by R. H. Wood, authorizes the approval and acceptance of the plans as submitted and corrected. It was further motioned by Homer Kuhl to waive existing policy coverin bid pro- cedure and name Mr. J. A. Bailey as the contractor for ~he fire station on a cost plus 10~ basis. Said fee not to exceed 10~ of $80,000. The motion was seconded by R. H. Wood and voted unanimous. It was agreed to call out a committee to secure bids for Council action and to study tear-down of the present fire structure, 143 (Continuation of October 18, 1965 Meeting) the old health center, and to plan the parking and storing of equipment during construction. Mayor (~. W. Kreeger appointed Councilman J. B. Abler as the Smyrna Director to represent the City in the new Cobb County Municipal Association. A motion by J. B. Abler, second by R. J. McCurry, permits the use of the present septic tank system at Red Head 011 until next meeting 11-1-65 at which time Mr. Wade of Red Head Oil, or his representative, will be requested to appear in Council with plans for action concerning tap on to City sewerage facilities. The vote was six to on®, J. C. Porterfield opposed. In final action, the Council: 1. On J. B. Ables~ motion which carried six to one, authorized the purchase of high pressure cleaning ®quipm®nt at a cost of $250.00 for use by the sanitatf.on department. R. J. McCurry voted against the motion. 2. Citizens repairing automobiles in residential areas was brought up by D. L. Mixon and referred to the police corranittee chairman. 3• A complaint was read in Council concerning muddy water caused by flushing and/or repair of fire hydrants. . Other coYmnents referreged to street lights in the school area on Whedarea®of Sandy~stDriveiIn~ay survey regarding a traffic hazard in t 5. A motion to erect two 30 M.P.H. traffic signs on the west side of So. Cobb Drive and Powder Springs intersection was made by D. L. Mixon. Motion carried. No further business, the Council adjourned at 10:55 P.M. Neat meeting 11-1-65. G. W. Kreeger, Mayor L. W. Char , City Clerk r urry, Dune ar Finane and Adminis ati . oo , ounc man, ar Parks do Recreation ~' ~: 1 J L an a xon, ounc an ar Water .~~- . es, ounc an, ar anitation ~-- ~:e:e~ ~*" !~~-~ omer u , ounc man, ar Police, Fire ~c CD ~1 ,4, ~,: ~ vL ~~ t. . or er e , ounc awn ;hard #b, St ets & Maintenance . apman, ounc man-a - arge