Loading...
02-05-1968 Regular Meeting120 FEBRUARY 5, 1968 J A regular meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, pursuant to the Charter on February 5, 1968 and called to order by Mayor G. W. Kreeger at 7:30 o'clock P. M. All Council Members were present, also, City Inspectors, Attorney, Consultant Engineer, Department Heads, and the press. In the first order of business, Dr. Dan Fincher requested Council action in connection with the disposal of dead animals. It was brought out the existing sanitation ordinance does not permit the sanitation department to pick up and transport dead animals for veterinarians. Mayor.G. W. Kreeger referred the disposition of Dr. Fincher's request to Councilman C. W. Armour for full report on February 19, 1968. Other citizens present brought up subjects relating to the Concord Road proposed zoning and drainage problems at South Cobb Drive Medical Building. The Smyrna House Bill drawn up and submitted by City Attorney Berl T. Tate covers seven parcels of land annexed into the corporate limits of the City of Smyrna during the calendar year of 1967. The Council ruled that Parcel #7 located in land lots 372, 373, 420 and 421 on the north right-of-way of Pat Mell Road and Harold Avenue for deletion from the above mentioned House Bill as not contiguous with the cor- porate limits of the City of Smyrna. :This deletion of Parcel #7 amends the House Bill and changes Parcel #8 covering three acres of land in Ward #7 on Lake Drive from Parcel #8 to Parcel #7. Building Inspector C. M. Hamby submitted the following building permit applications with recommendations for approval. 1. One neon sign for the AFCO Finance Company Office. Application of Levin Neon Sign Company passed on motion J. C. Porterfield, second B. F.. Stewart. 2. The request for enlarging the Minnie Pearl's Country Fried Chicken sign was rejected per motion by J. C. Porterfield and seconded by C. 0. Canada. The original application, previously approved, called out 162 sq. ft. sign or signs. 3. Council approved on B. F. Stewart's motion a 20' x 30' additional storage area added to the present garage type structure at the rear of 843 Concord Road. Motion seconded by R. H. Wood. 4. Mr. Cooper of Tenneco Oil Company submitted revised plans for the remodeling of the structure at Jones Shaw and South Cobb Drive. The original application and permit was withheld by Council pending more specific information and deletion of bill board type signs. Motion by J. B. Ables that the' --building permit as submitted and corrected is hereby approved. Second to the motion by B. F. Stewart. Motion carried. MEMO: The remodeling converts the structure for a vending type grocery store. 5. A plan was submitted by Mr. C. M. Hamby relative to the tear down of the Shell Oil Service Station, Concord at South Cobb, for a modern ranch type structure. The plans were accepted on motion by Homer Kuhl seconded by J. B. Ables. MEMO: The building permit will be withheld pending selection -of the successful bidder by Shell Oil Company and permit issued in the name of the contractor upon payment of all licenses and fees due the City of Smyrna. Signs erected on Spring Road rights -of -way per Councilman C. W. Armour, were authorized by Mayor G. W. Kreeger for immediate removal. The City Hall was authorized on a motion by J. C. Porterfield to issue permits to move one or more houses from the right-of-way of Ventura Place to a point outside the City limits to make way for additional space required for Trade City. Motion seconded by C. W. Armour and carried. 121 A (Continuation of February 5, 1968 Meeting) One six inch compound meter was installed on Concord -Road and all meters in Deerwood Unit #1 were read by the City of Smyrna on February 5, 1968. All billings in the future.shall originate from Smyrna City Hall. Committee Chairman C. W. Armour.reported on a 12 months study of engineering costs -per invoices submitted by Hensley -Schmidt, Inc., November 1966 through November 1967,.and requested the Council to consider the recommendations as submitted by his committee. The recommendations as read in Council were accepted as submitted on motion by C. W. Armour, seconded by Homer Kuhl, and voted unanimous. The recommendations have been made a part of the above dated minutes as follows: a. Accept proposal for other billing methods for comparison with current contract and explore percentage billing for contracts less than $50,000. Proposal to be obtained from Hensley -Schmidt as well as other interested consulting firms. b. Install work order system whereby no consulting work be done without signed work order. Work order to be signed by authorized person and must indicate an estimate of cost of W engineering. If consulting'engineering.cost exceed 10% of of the estimate, project must come back to council for U further expenditure authorization. c. Require hourly breakdown on all bills with a reference to work order number as well as description of type of work done. d. Mayor and Council to receive monthly report on engineering costs by project or work order or other method suitable to City Hall.accounting system. Mayor G. W. Kreeger authorized Mr. C. W. Armour's committee to follow up.on the above accepted proposals. Mayor G. W. Kreeger appointed the following Councilmen to repre- sent the City'of Smyrna as Directors of the Cobb County Municipal Association. The two Councilmen appointed are J. B. Ables and J. C. Porterfield. The case of City of -Smyrna versus James L. Chatham, Docket # - 1561:A, came up before the Mayor and Council for hearing. Mr. Chatham's notice stated that he was unjustly charged and fined in connection with an accident at Concord and South Cobb and objected to the charge of driving too fast for conditions. The .Council listened to the testimony of Mr. James L. Chatham and to the report of said accident by Sgt. James T. Free, including five photographs'showing'scenes of the accident area and skid - marks. Councilmen J. B. Ables motioned that based on the evidence submitted that this Council uphold the decision of the Recorder's Court which found Mr. Chatham guilty as charged. The motion seconded by B. F. Stewart and carried six to one, J. C. Porterfield voting against. A notice.of appeal was submitted the 16th of January 1968 by Attorney George W. Carraker. Said appeal stated that Mr. Billy Carden, defendant, being dissatisfied with the ruling of the . Recorder's Court decision, requested a hearing before the Mayor and Council which was scheduled in the above dated meeting. The case in question is the result of police officer Clarence Rhodes citing the business license ordinance of theCity of Smyrna in - connection with offering trailers for rental purposes. In the absence of securing said business license, Mr. Carden was charged for failing to secure business license prior to beginning said business. The evidence per the ruling of City Attorney Berl T. Tate was to relate only to the action of the Recorder's Court and would have no bearing.on ordinance, charter or schedule of business license fees. Following the evidence of -Mr. Billy Carden, Attorney G. W. Carreker motioned that the decision of the Recorder's Court be reversed as discriminatory. 122 (Continuation of February 5, 1968 Meeting) Mayor G. W.. Kreeger recommended to the full Council that the motion by Attorney G. W. Carreker be and is hereby denied, and on motion by J. C. Porterfield that the decision of the Recorder's Court is hereby upheld and that the fine as charged for violation of the City of Smyrna business license ordinance is in order. The motion was seconded by J. B. Ables and.voted unanimous. It was agreed in Council that building permits issued to developers for residential construction on vacant lots in the Highlands Subdivision shall be assessed $200 for sewerage tap-ons. Agenda for the above dated meeting completed. The following items were brought up by Council Members: . a. J. B. Ables reported the delivery of the new fire truck was scheduled for February 8, 1968. b. Mr. Ables read the letter of Robert L. Drake, Chief of Police, to Mr. W. S. Derrick, State Highway Traffic and Safety Engineer, with reference to procedures in connection with information of accident reporting to the State Patrol Headquarters. c. Councilman J AB. Ables" motion authorizes the Cobb Center Rich's'Security Personnel as Special Officers of the City of Smyrna Police Department. This commission shall be issued I.D. cards from the City of Smyrna Chief of Police with authority to apprehend, arrest, and authority to follow up such cases as shop lifting through the Smyrna Recorder's Court. The motion was seconded by C. 0. Canada and voted unanimous. d. Traffic safety standards as called -out in the Georgia Highway Uniform Traffic Control Manual were discussed. To meet the dead line 12-31-68, Councilman J. B. Ables motioned that an in- ventory of all needed equipment be prepared covering traffic signals, lights, school crossings and speed zones. Motion seconded by C. W. Armour which carried. e. Council brought up the island at the north exit at Sandy's Drive -In and recommended that roll type cuti..ng must be installed. J. E. David to follow up. f. Councilman R. H. Wood and Engineer P. J. Sutton were requested to'report on the sidewalk installation on Church Street from Davis Street west with recommendation that the sidewalks in this area be redesigned and moved approximately. two feet north. Also, the widening of the south right-of-way of Church Street was discussed, -as well as, relocating the center line. g. An engineering plat was presented in Council showing the proposed sewage facility from the intersection of Marston and Hawthorne, thence north on Dixie and west to the Calvery Children's Home. The cost ofthe project to be borne by Cobb County with free tap-ons to residents in exchange for easements. Accounting for fees due the City of Smyrna to be determined upon completion of the project. The above action on motion by B. F. Stewart, seconded by J.,C. Porterfield, and voted unanimous. h. C. W. Armour suggested a dead end sign be'erected on,Corn Road at the new Spring Road and further suggested that Corn Road be renamed and made an extension of Anderson Circle. i. A statement was submitted which reported approximately 130 merchants within the corporate limits as delinquent in payment of 1968 business license. C. W. Armour's motion directs the City Hall to mail second and final notices that payment of business license fees shall be payable at the City.Hall within five days from mailing of said notice, and 10% penalty added to all defaulters. Motion seconded by J. C. Porterfield and voted unanimous. There being no further business, a motion was made to adjourn. The time 9:35 P. M. Next meeting February 19, 1968, 7:30 o'clock P. M.