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Nov 1/15, 1965NOVEMBER 1, 1965 1l~.l~ The meeting of Mayor and Council was held pursuant to the Charter Monday, November 1, 1965, at 7:30 P.M., at the City Hall, Smyrna, Qeorgia. Mayor G. W. Kr®eger presided, all Council members and department heads were present. In the first order of business, Council certified, on R.J. McCurry~s motion, the following election registrars, managers and/or fudges: Ray Dowda, Lamar Tedder, Howard Winslett, Larry Palmer, Bill Qrice, Jack Green, Jack Gilbreath, Larry Dover, Mike Cole, Ken Rehm The motion was seconded by C. M. Chapman and voted unanimous. MEMO: The motion included purging not®rs lists prior to November ~',-I965. On the recommendation of building inspector, C. M. Hamby, Council authorized issuance of a building permit for a boiler storage room at the M. B. Ware Laundry on So. Cobb Dr. Motion by J. B. Ables, second J. C. Porterfield, and voted unanimous. On recommendation oP the building inspector a 20 ft by 30 ft. storage room was authorized as an addition to the rear of the Red Head Oil structure on No. Atlanta Road. The motion to issue permit came after discussion of the Red Head Oil Company sewer connection. Motion made by Homer Kuhl, s®cond by J. C. Porter- field, voted unanimous. Council discussed with Mr. Wade of Red Head Oil and his contractor, Mr. Campbell, violation of C it~y Ordinance in connection with installation of septic tank and field line at ~ rear of building. Statements were heard of agreement between Red Head Oil and Humble Oil to share the cost of a point sewer project running westerly to the rear of the Belmont Hills trunk line. During the discussion, hinging on the sewer line agreement or tie-in at Fleming Street, J. B. Ab1es made the following motion which was seconded by Homer Kuhl and voted unanimous: "We extend the operation of the Red Head Oil through November 15, 1965 on which date they will file with the City a copy of the agreement between the Red Head Oil Company and Humble Oil to construct a point sewer line, and further motion that on this date an alternate proposal will be submitted concerning sewer tap by Red Head Oil, in the event the point agreement does not materialize." On submission of a satisfactory percolation test by Cobb County Health Department, J. B. Ables motioned for the issuance for a septic tank permit in the rear year of fir. M. A. Dewar~s property, 120 ParkKay. Motion second D. L. Mixon which carried. Mr. Berl Tat®, City Attorney, reported the preliminary work on the Spring Road rights of way acquisitions were in the com- pleti0n stage and that the evaluation of the project would be available on or before Nov®mber 15, 1965. ~,~."" in reference to the Spring Road rights-of-way acquisitions, Mr. Berl Tate stated that the minutes of April l9, 1965 did not reflect a resolution authorizing the Mayor and Council to acquire by purchase or condemnation the necessary property for the widening of Spring Road, known as Georgia Project SIIS 1383. Motion by R. J. McCurry, second by Homer Kuhl that the following Resolution be adopted and made a part of the finalized minutes of the above dated meeting. 145 (Continuation of November 1, 1965 Meeting) 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, re- ceived a 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 acquir® by purchas® 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. SITS 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 made reference only to the acquisition 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 C ity C ounci 1 of the City of Smyrna that tl~e minutes of the Council meeting of April 19, 1965, be corrected to show that a Resolution was passed by the Mayor and 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. SITS 1383 (1) as shown and described on a map and drawing by the State Highway Department of Georgia, Atlanta, Georgia. The following bids were opened from the east side of So. Cobb Drive from said point under So. Cobb to a Drive as follows covering sewerage facilities at the Waffle Shop area west point, thence north to Bourne Sewer Line Deep Line Shallow Line Arthur Pew Construction Company J, E. Lovern Construction Company Lord do Kirkendoll Hale Construction Company $12,694.00 $10,885.20 8, 308.00 7,1!}3.60 11,675.20 7,527.1© 11,846.40, 9,228.90 Motion by Homer Kuhl that this Council accept the J. E. Lovern bid for the deep line per bid submitted in the amount of $8,308.00. Second by R. J. McCurry and voted unanimous. In connection with the report on bids for a new garbage truck and/or repair to present equipment, J. B. Ables stated to continue operations with the present equipment. Mayor and Council discussed the progress and purpose of the new Cobb County Municipal Association. It was the opinion that the Mayors and Councilmen of all cities should submit in writing to the Municipal Association Legislative Committee, headed by Chairman Johnny Adffins, and the County Relations Committee, Chair- man J. B. Ables, such items as: November 6, 19E~~ OATH OF ELECTION REGISTRARS AND MANAGERS ir1e, and each of ua do solemnly swear that we wil]. faithfully and im~~artially conduct this day's election according to the law and charter of the City oi' Smyrna. r~1e, and each of us will peryforrn said duties to the best of o~xr ability, perm3.ttin~* no one person to vote who is not entitles' t;o vote, preventing to the best of our skill ana power all illegal voters and in all our actions as Election Mana~7ers, act, as we believe in the best interest cif the City. So. help ne God, ..> s. G . f ,.. ,7 C / ~ VV __~ ~~.~_ _ Sworn to, and before the undersigned, t~:is ~i~:~;r~ a~;,~ of rzove~~.ber, ~....- -~ ~-~ ~: L` ~ `tea s~ e s, rte-" ~G ~~~~- ~, s7 __ ~~,_ ~ ~ ~. ~; ~'~, ,,~ CERTIFIED ELECTION RETURNS CF REGULAR CITY ELECTION ~.~ HELD THIS SIXTH DAY OF NOVEMBER 196r 'r7e, the duly appointed Election Managers to conduct this elPCtion, declare the following results: FOR MA~'Ji~ FOR COUNCILMAN WARD ,~5 GEORGE ~~J. KREEGER 1216 E. G. (GENE) BP,ADSHA'~1 1711 CYRUS M. (CY) CHAPMAN lOlk2 DAN MIXON 267 -TI'~isq • ~D~q. COUr~CILMAN ~ti'ARD ;~l COUNCILMAN WARD #6 '; . '~1. "CHUCr~" ARC"OUR 2119 JOHN C . PORTERFIELD 205. -~~sq. COTJNCILTf'AN "°JARD y'~2 DR. R. 1r1. WEBER 1t9 J. B. ABT,ES 279 COUNCILMAN GJARD #7 CEARLES DO~'ETOES 82 HAR`I~Y NIX ~ _ 80 sq. COUNCILMAN `ti'_?1?L'' "3 B. F. (BILL) STEWART 117 ROY I `='~ CD 288 -""2~i 'esq. ~~t?U'yCILT~ir~.Iti' 'BARD ~u HOMER KU:~aa 229 <i:iROLD Si~1ITI~i ~8 2 Disq. '~r,e, the?^efo:re certify to the Mayar Council of th C ty of Smyrna, the Election af: MAYOR /, ~! .~~ -~? -e ~,7 ~ ~~ C.^j7TCILP~L4N - +rlARD ti 1 `'~~ ~ ~• ~,~-'~- CO~JNC I~1fi~:i~~ - 'p1ARD ,' C OUNC ILM~.N -WARD #3 COUNCILMAIvr -WARD ~1~ COUNC ILP'L4ra - Y:~'f.F~?~ C!?U~~CILMAN ~ WARD #~ ~-C-G-L'.e~J COUNCIL:TMi~N - 'WARD #7 '~ f,~. ~ ~~..-~ having recei~red a majority of the votes cast. ~= ~~~~,cTIOr1 ~ZANAG.~,Ra T~.. ~, ,, i' 1 n ~, ~ ~,~. / C C7~~ /k' ~~.J A?ovem:;er ~ , ~9~r 146 (Continuation of November 1, 1965 Meeting) a. City takes paid to Cobb County. b. pity officials on a four year elective basis. c. Equalization of malt beverage tax. d. Determination of Cobb County incinerator proposal. e. Annexations and City boundary regulations. f. IIniform traffic codes. ~• Councilman Homer Kuhl rep©rted progress on the new City fire station and recommended the erection of a street department storage building to be built of concrete slab and crimp metal approximately 18 ft. by 22 ft. joining the south end of the present garage structure. 0n J. C. Porterfieldts motion a bid in the amount of $1,170.00 was accepted and Mr. J. A. Bailey authorized to erect the building. Second Homer Kuhl and carried. Motion to adjourn 9:00 P.M. Next meeting November 15, 1965.. ~ t NOVEMBER 15, 1965 The mid month meeting of Mayor and Council was held at City '° Hall above date and called to order at 7:30 otclock P.M. Mayor G. W. Kreeger presided and all Council members were present. Others present, department heads, building inspector, City Attorney, Clark and Otis Brumby of the Marietta Press. An esti- mated 35 citizens were present in connection with zoning hearings on Atlanta Terrace and Cherokee Road. On motion by J. B. Ables, econd Homer Kuhl, the certified election returns of the regular City election on November 6, 1965 were accepted as read in Council and authorized for inclusion in the finalized minutes and attached hereto. Voted unanimous. The Rev. Ben Turner spoke in Council in connection with the erection and operation of a home for children to be known as the Calvary Ghildrens Home, the location being 111 Belmont Avenue, adjacent to the Calvary Baptist Church. Mr. P. D. Hill read several letters from Cobb County judges and commissioners, endorsing the project for underprivileged children. He further stated the Board of Directors would set up a program to raise funds from public and private subscription and would operate the home. Mayor and Council spoke in favor of the childrens home and ®oted unanimous o~ Mr. Ablest motion to go on record as endorsing the project. No building permits were submitted for Council approval. City Attorney, Berl T. Tate, called ..out the progress on Spring Road rights-of-way stating that twenty-five percent of the citizens had signed options, and fifty percent had been briefed on the issue and invited to meet the appr~ers at City Hall. The remaining twenty-five percent requested more time for evalu- ati on, some of which may result in condemnation proceedings. A letter from the plumbing inspector referred to corrective action of sewerage installation at the Majic Wand Car Wash on So. Cobb at Bank St. The City requested the ling to be supported by piers at the crossir~ of Stonecreek which has never been accomplished. The letter was referred to Councilman Ables for reporting in the next meeting. ~7 (Continuation of November 15, 1965 Meeting) Council accepted the petition from Long Realty Company to rezone the Le©nard property on Powder Springs Street from R-1 Residential to R-2 Multiple Dwelling-town houses-restricted, and on R. J. McCurry~s motion set the date for a hearing at December 20, 1965. The remaining property located on the north right-of-way of the Spring Road project owned by G. D. Patterson came up for hearing per advertised zoning notice. The petition requested a zoning change from R-1 residential to C -1 commercial area. Attorney Robert E. Flournoy represented the petitioner. Since no citizens appeared in opposition, R. J. McCurry motioned the property be zoned Prom R-1 to C-1 subject to payment of $50.00 advertising fee. Motion second J. C. Porterfield and voted unanimous. Zoning Hearings -Cherokee Road, North and South Side The zoning of the north and south side of Cherokee Road per advertised legal notices came up for hearing. The legal ads divided the properties into seven parcels beginning with parcel No. 1 on the south right-of-way of Cherokee Road at the lot line of the King Arms Apartments, west to Burbank Circle; parcel No. 2 from Burbank Circle west to Burbank Circle; pare®1 No. 3 from Burbank Circle to existing zoned property on Ventura Place; parcel No. 4 on the north side of Cherokee Road beginning at the existing zoned property to North Burbank Circle; parcel No. 5 east Prom North Burbank Circle to a point including the Chiro- practor Clinic and unimproved property of W. A. Ward, Jr. Parcel No. 6 includes unimproved property owned by W. A. Ward, Jr. and the residence of Mr. Frank S. Stewart, known as 101 Cherokee Trail. Parcel No. 7 begins at the zoned property of Dr. W. C. Patterson on the north side of Cherokee Road west 175 feet to the inter- .,,~, section of Cherokee Road and Cherokee Trail and known as 102 Cherokee Trail. Action b~ Council: Approximately 24 citizens whose names appeared on the petition for rezoning appeared in Council. Four citizens were present in opposition to the zoning of parcels No. 6 and 7. Mrs. Helen Baldwin addressed the Council as spokesman for the petitioners. During discussion, Councilman R. J. McCurry motioned as follows: "This Council ap}~roves the zoning from R-I residential to "C" classification-commercial, all the property per advertised petitions, called out in Parcels Nos. 1, 2 and 3 on the south side of Cherokee Road and Parcels No. 1.F. and 5 on the north side of Cherokee Road." The motion as stated was seconded by D. L. Mixon and voted unanimous. The property advertised as Parcel No. 7 came up for h®aring. I~r. W. A. Reed. spoke for the zoning of the W. A. Ward property east to the property Line of Dr. W. C. Patterson. Councilman J. C. Porterfield spoke for the opposition. During the discussion relating to the above described property, D. L. Mixon motioned to rezone the property called out in the petition known as parcel No. 7 from R-1 residential to "8" classification. On second by J. B. Ables, the voted was five to two. J. C. Porterfield and C. M. Chapman voting against. On motion by R. J. McCurry, the property west of Cherokee Trail owned by Mr. F. S. Stewart and W. A. Ward was, on second by J. B. Ab1es, zoned from R-1 to "C" Commercial sees. The vote was five to two. J. C. Porterfield and C. M. Chapman voting against. A letter was read in Council from Humble Oil and Refining Co. dated November 3, 1965. Excerpts Prom this letter signed by James L. Weir asfollows: 148 (Continuation of November 15, 1965 Meeting) "We will give Red Head Oil Company permission to tie onto our line when it is finished if they will agree to pay half the cost of installation and half the cost of maintaining and re- pairing the line. "I am going to talk with Mr. Bob Foreman and if he agrees, have him to draw up an agreement between Humble Oil and Red Head ~.. 0 31 C ompany. "We should have our easements secured within 60 days and will start work as soon as possible." In other action, the C ounci 1: a. Referred a letter from Don Lillie to Councilman Homer Kuhl concerning sidewalks on the east right-of-way from Brown School to So. Cobb Dr. b. Authorized Councilman J. B. Ables to purchase one and two Bard garbage containers for various business establishments subject to agreement on establishing the monthly garbage fee affecting the new businesses. The motion by J. B. Ables, second R. J. McCurry, carried six to one. Councilman Homer Kuhl ~loting against. c. Letter from Hensley-Schmidt, Inc. called out the inspection of the drainage problem at 604 Lee Street, Mrs. W. M. Weaver. Letter referred to Councilman J. C. Porterfield. d. Tt was reported that steel for the new fire station would be available November 18 per statement of Homer Kuhl. ~. Agreed to delete from the Cobb County Health Center deed, the driveway area and the lift station at the southeast corner of King Street. f. Discussed Concord Road curb and gutter assessments with reference to delinquent account. g. Voted unanimous on R. J. McCurryts motion to transfer $10,500 from the General Fund to the Extension and Construction Fund to cover current contracts and operation costs. Said loan repayable when funds are available in the Extension and Con- struction fund. h. Authorized police vigilance in Whitfield Park based on complaints of usage of non-residents. There being no further business the Council adjourned at 9:20 P.M. Neat meeting December 6, 7:30 P.r2., at City Hall. 1l~9 (Continuation of Nflvember 15, 1965 Meeting) . reeger, eyor ar es, y er ,, ~ --'°r ~°` c rry, ©unc an es, Dune man, ar Finance a d Administration S itation `" . ~l ~,I R. H. Wood, Councilman, Ward #3 Parks do Recr®ation -~ f ~ A i Daniel L. Mixon, Councilman Ward 5 Water d~i!~% Hom®r Kuhl, Councilman, Ward #4 Police, Fire & CD ~~` rI Wit. ~- :l IYIX Y...t A~ [/j_l~J. /~. C. Porter~~eld, Councilman Ward #6, St ets Ee Maintenance C. M. Chapman, Councilman-at-Large