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01-19-1970 Mid-Monthly Meeting269 JANUARY 19, 1970 The mid -month meeting,of Mayor and Council was held at City Hall, January 19, 1970.. Mayor Harold L. Smith presided and called the meeting to order at 7:00 o'clock P. M. All Council Members were present. Also present: L. W. Charles, City Clerk, G. W. Carreker, City Attorney, D. Scott Jackson, J. E. David, Joe Bork of Hensley -Schmidt & Associates, J. A. Bailey, Leon Hood, W. L. Westbrook, Elmer Wester, C. C. Porterfield, N. Proctor and a representative of the Marietta press and WBIE.. Invocation was given by Mr. L. R. Still, Pastor of 'the Smyrna Christian Church, 910 Concvrd Road. Rev. Still also extended an invitation to the Mayor and Council Members to attend morning services as a group at the Smyrna Christian Church on February 8, 1970. No citizens appeared with items to be brought before Council. In the first order of business, the petition to rezone the Maud .R. Parks property on Atlanta Road from R-1 to C-1 and R-2 came up for hearing. Jack Cagle represented the owner stating the LO developer wanted to build a twelve thousand square foot pro- 71� fessional structure on Atlanta Road and seventy apartment units in from the branch to the rear of.the property, (approximately five and three -fourths acres). .Bill Cummins, 3496 Creatwood Trail, was spokesman for the opposition and presented a petition with 287 names of residents who would be adversely affected by the rezoning, by depreciation of property, overcrowding of schools, overloading' of sewerage facilities, lack of recreational faci- lities, drainage problems, etc. After lengthy discussion, J. P. White motioned the petition for rezoning be denied. The motion was seconded by -Marston -Tuck. The vote was -three for denial and four against the motion. Councilman Homer Kuhl mo- tioned that the petition to rezone the Parks property be approved as advertised with the stipulation that a fifty foot buffer zone be left at the rear of the property and further, the developer will bear the cost of pipe for correcting drainage problems. This was agreed by Mr. Cagle. The motion was seconded by C. 0. Canada and approved on a vote of four for the motion: Homer Kuhl, C. 0. Canada, J. C. Porterfield and Arthur Bacon. Voting against the motion, J. P. White, Marston Tuck and Hubert Black. The hearing date for rezoning of the Rhodes property on Church Street, for church purposes only, was set for February 16, 1970 on motion of.J. C. Porterfield, seconded by C. 0. Canada, and voted unanimously. On motion by C. 0. Canada, seconded by Hubert Black, and voted unanimously, the date for consideration of the rezoning of six lots on Smyrna -Powder Springs from R-1 to R-2 duplex, restricted, was called out as February 16, 1970. Hearing date for rezoning the Roger Coley, Jr. property on Fuller Street from R-1 .to R-2 was set for February 16, 1970, on motion by C: 0. Canada, seconded by J. C. Porterfield. The vote was unanimous. No commercial building permits were brought before Council. Mr John Fowler appeared before Council with fourteen petitions in regard to annexation into the corporate limits.of the city. (The property located on the south right-of-way of Pat Mell Road, next west of Cobb Center.) Since only annexation, not zoning, could be considered at this meeting, Mr. Fowler withdrew the petitions in order to contact owners. Hearing date on above deferred to February 2, 1970. Report on bids covering towing charges and storage fees for damaged automobiles was deferred to February 2, 1970 to give the committee an opportunity to meet with the companies submitting bids. J. P. White was.added to the committee.composed of Homer Kuhl, J. C. Porterfield and C. 0. Canada. 270 (Continuation •d of January 19, 1970 Meeting) Entrance road signalization, Hargrove at the fourlane, and treat- ment plant, Eastside Project, deferred.. Sketches on road projects and traffic studies were referred to Homer Kuhl, -Chairman of the Street Committee. These -items to be discussed at.next Council meeting. J..E. David reported •that Parkway and Lavista storm drainage repairs had been completed except for clean up and paving. Councilman Homer Kuhl.reported that a resolution or easement for roadway, Atlanta to Ward, from the Board of Education would be placed on the agenda of the next board meeting to be held the first Wednesday in February. Mr. J. A. Bailey reported on progress of the new police station, and asked Council approval of epoxy paint to be used in "all prisoner area" of the Jail at a cost of $180.00. Approved unanimously on motion -by C. 0. Canada, seconded by J. P. White. Councilman J. P. White moved to change the name on the new police building from "Department of Public Safety" to "Police Department". On motion by J. C. Porterfield, seconded by Hubert Black, Council action of December 1, 1969 approving the wor&ing "Department of Public Safety" was recinded. The vote was unanimous. On motion by J. P. White, seconded by Marston Tuck, and voted unanimous, the lettering was approved to read: "City of Smyrna, Police Department". A letter was read in Council by Mayor Smith regarding utilities and annexation of the Gunn property, LL 666, on New Spring Road. This matter referred to C. 0. Canada for report back to Council February 2, 1970. In.reference to letter from Mr. Everett B. Brooks, EBCAP Supply .Company, regarding the George Elliott property, Atlanta Road, being left in the county, Mayor Harold Smith recommended that letter be written to Mr. Elliott stating.the property had already .been annexed into the city. Approval of malt beverage applications was deferred to February 21 1970 meeting. (Copies of applications (4) mailed to Mr. J. P. White, chairman of committee, on January 20,.1970.) D Scott Jackson reported that preparation for the Smyrna House Bill was in order. C.o.,uncilmen Homer Kuhl and C. 0. Canada commented on a few items in the red in the administrative and parks budgets. Codification of City of Smyrna ordinances was discussed. It was brought out that a new model type ordinance was needed. Also, City Attorney G. W. Carreker stated a new traffic code was badly needed. Mayor Harold L. Smith to appoint committee at next meeting to work on new ordinances and traffic code. Councilman J. C. Porterfield stated the water committee was in- vestigating a number of possibilities to offset the water authority increase in rates estimated at $18,000 or $20,000 loss in revenue, and would report recommendations to Council at first meeting in March. In further action, the Council: J. P. White asked by Mayor Smith to contact Mr. Turner, Creatwood Subdivision, in regard to tresspass suit pending against city. Agreed that beauty salons selling wigs could not be required to buy,multiple business license. 1. 27 1 . (Continuation of January 19, 1970 Meeting') On motion by Homer Kuhl, seconded by C. 0. Canada, Mr. J. A. Bailey was appointed as assistant building inspector to inspect home improvement and insurance repairs.- The vote was unanimous. Referred to G. W. Carreker, City -Attorney, letter -from Attorney Carl Fredericks regarding suit of Hubert P. Brown vs City of Smyrna. Referred to Attorney Carreker letter from Edwards, Bentley, Awtrey & Parker, Attorneys at Law, regarding enforcement of sanitary ordinances (Foto-mat). On motion C. 0. Canada, seconded by Marston Tuck, requested J. E. David to study Stonecreek drainage problem, get estimate of cost to remedy problem, and report at next meeting. J. C. Porterfield announced Insurance Committee would meet 10:00 A. M., Saturday, January-- 24, 1970. Lrj Councilman Marston Tuck requested study groups be set up in Ward 1 to resolve problem of traffic flow at Argyle School. Traffic problems at intersections of Roswell and Highland Ave- �' •nue, referred by Mayor Smith to Homer -Kuhl and J. P. White Ufor investigation. On study commission for library, Mayor Smith requested two names from each ward be submitted. Referred Bank Street parking to police committee for recommenda- tions. "Welcome Smyrna" sign at 4=Lane referred to Hubert Black for recommendations to Council. Motion to adjourn by J. C. Porterfield 10 .10 P. M. Council meeting February 2, 1970, 7:30 P. M. H o d L. it , Mayor Marston Tuck, Councilman Fire, Parks & Recreation Next L. J W. Gria , Gle2'K v P. Whe, Counci man dit ice, Civil Defense Arfbur Bacon, Councilman Ward 3 Ho er Kuhl, Cou ci man Ward Sanitation Streets & Maintenance 44 0. Cana a, Counc an Ward 5 C. Porterf ld, ouncilman Garage, Treatment Plants and 6, Water Hubert Black, Councilman Ward 7 Finance & Administration.