04-06-1970 Regular MeetingPTR
April 6, 1970
The .regular meeting of Mayor and Council was held pursuant to the
Charter at City Hall, Smyrna, Georgia, April 6 1970, at 7:30 o'clock
P. M. Mayor Harold L. Smith presided and all 6ouncil Members were
present. Also present: L. W. Charles, City Clerk, •G. W.* Carreker,
City Attorner, D.'Scott Jackson, Tax Assessor, J. E. David, Supt. of
.Public Works,. N. Proctor, V. M. Broyles, the four City Inspectors,
and a representative of the Marietta press and WBIE. Joe Bork of
Hensley -Schmidt was absent.
Invocation was by Councilman Hubert Black.
Girl Scout troup 1144 conducted a 'flag ceremony and asked permisson
of Mayor and Cancil to participate in a clean up program, along with
other Girl Scout Troups, on Monday, May 4, 1970. The request was granted
on motion by Marston Tuck, seconded by J. P. White. The vote ,was unani-
mous.
A number of citizens appeared before Council as follows:
1. Mr. Snipe, President of the Smyrna Softball Association, thanked the
LID Mayor and Council for the improvements that have been made in the city
parks, especially for the excellent condition of the girls softball fields.
2. Mr. Wyane Loudermilk reported a drainage problem at 2080 Nancy
Circle. Councilman Homer Kuhl stated he would check on this problem and
U corrective action would be taken.
U 3. Mr. B. F. Hanson, 1164 Love Street, reported a broken driveway pipe.
This item was referred to the street committee for check out.
4. Mr. Feeley of Medlin Street complained -of stopped up storm sewer
lines on Medlin Street. Mayor Harold L. Smith stated corrective action was
in process and the problem would be taken.
5. Mr. Bill Sanders inquired about the previously discussed front foot
set back waiver (50' to 421) for erection of a proposed chapel. Council-
man Homer Kuhl motioned the waiver be granted pending submission of a
sketch showing the improvement to the premises and adjacent properties.
The motion was seconded by J. P. White. In further discussion, the
motion by Homer Kuhl, seconded by J. P. White, was withdrawn on the basis
of State Highway design plans for the widening of Concord Road, together i.
with unforseen drainage problems.
The Council approved the zoning of a parcel of land on CornRoad (Chastain
property) from R-1 and 2 to C-1. Mr. Dallas Guthrie represented the
petitioner for Southern Bell Telephone Company for office and truck
parking. No opposition appeared in connection with the hearing. The
property was zoned to C-1 as advertised on motion by Homer Kuhl, seconded
by C. 0. Canada. The motion passed by a vote of six. Arthur Bacon,
abstained. .
Next on the agenda was the hearing on the rezoning of the sigleton property
Old Concord Road, from R-1 to C-1. The petition to rezone the property
was presented in Council by Mr. C. W. Edwards, who stated the 4.68 acres
touched commercial property on one side, was across the street from an
apartment project, and that a three story office building was proposed
for part of the parcel. No plot plan was submitted. Dan Mixon spoke
in opposition to the zoning and requested Mayor and Council to deny
the petition for zoning by -reason of devaluation of Hickory Acres property
and further that the property not used for the proposed office building
could be used.for any usage under C-1 commercial zoning, such as:
gasoline service station, corner grocery and malt beverage store. Mr.
Charles Cole and Mr. Vennel also spoke in opposition requesting the
Mayor and Council to keep the area residential. C.O. Canada motioned to
deny the petition for rezoning to District C-1 on the basis the Council
had no guarantee that the developer will build the afore mentioned office
structure. Motion seconded by Homer Kuhl and voted unanimous.
Councilman J. P. White read a letter of resignation from J. L. Burson as
Director of.Civil Defense effective April 6, 1970. Mr.. Burson recommended
the appointment of James B. Farley as Director stating he had worked very
closely with Mr. Farley for the -past several years. Mr. White stated
the resume submitted on Mr. Farley was outstanding. He also commended Mr
Burson on building one of the better Civil Defense units in the state,
and moved that we accept his resignation with regrets. The motion was
seconded by Marston Tuck and voted unanimously.
280
(Continuation of -April 6, 1970 meeting)
J. P. White moved that we recommend the appointment of James B. Farley
Jr. as Civil Defense Director of the City of Smyrna, To Governor Maddox.
The motion was seconded by Marston Tuck and voted unanimously. The
effective date, April 7, 1970.
The petition of Mrs. Magolene Fred, 1,677. Creat Trail, for .a one chair
beauty shop, was brought before Council, along with signatures of all
residents within a 300 foot radius stating they had no objections.
The residential -permit was approved on motion by J. P. White, seconded
by J. C. Porterfield and voted unanimously, with the stipulation there
would be no on street parking, no signs, no employees, and on recommend-
ation of the electrical inspector after check out.
The residential permit for Paul's Print Shop was deferred.
,Commercial building permits were submitted by building inspector
as follows: _
1. Old Hickory House (fo nnerly Hickory Corral) cherokee Road., install
inside barbeque pit. Approved on motion of J. C. Porterfield, seconded
by Hubert Black. The bote was unanimous. (Paving will require separate
permit.)
2. Cobb Heating and Air Conditioning, Concord Road, set backs have
been met. Presented letter from Atlanta Federal with agreement on
removal of second structure. Motion to approve building permit by
Homer Kuhl, seconded by Arthur Bacon. The vote was unanimous. .
(See prior minutes on Concord zoning and stipulations on this property f
from "C" to C-1). _
Landmark Realty, 2848 Cobb Lane, Change entrance door and windows.
Approved on motion by J. C. Porterfield, seconded by Arthur,Bacon
and voted unanimously.
4. Arby's Restaurant, So. Cobb Drive, compaction test submitted and
approved. Developer agreed to install an approved drainage.chanel to
carry surface water away from the structure and pipe to an existing
ditch, also to grass the rear slope. Building inspector to follow up.
Approved unanimously on motion by Marston Tuck, seconded by Arthur Bacon.
5. Gordy Tire Company, 1075 Cherokee.Road, unlighted sign. Approved
unanimously on motion by Marston Tuck, seconded by J. P. White.
6. Old Hickory House, 1047 Cherokee Road, 42 Square foot metal
sign. On motion by Marston Tuck,.seoonded by J. P. White,
approval was unanimous.
7. House of Kolaches, Belmont Hills shopping center, 3x12 plastic
lighted sign. Approved unanimously on motion by Marston Tuck,seconded
by J. P. White.
Councilman Marston Tuck stated he had made -an investigation of the
house located.at 2485 Spring Drive, and the house is now up for sale
and as part of the contract, corrections will be made. .
Sealed bids were received
and publicly opened as
advertised
on the
following equipment for the Parks and Fire Departments. The
bids were
as. follows :
One ton with
one-half ton
Rescue
Company
Trade in
with trade
in Unit with
.
trade in
Anderson Motor Company
$ 2,589.24
$ 19835.65
$ 3,714.52
Day's Chevrolet
29569.80
19774.40
37645.95
Trade City
29468.55
1,797.79
3,282.58
John Smith
2,490.30
1,631.65
3,165.77
Mayor Harold L. Smith referred all bids to committee for checkout to
specifications and report in Council 4-20-70 together with delivery
date. '
It was reported in Council by J. P. White and Marston Tuck that
twenty-one applicants took the exam for police patrol and five for
fire fighters. Three additional men were hired in.the Fire Department
and two patrolmen'were hired for the Police Department.
Chairman of the.police committee J. P. White reported police personnel
up to twenty-five and moved that Council approved one additional patrol-
man. The motion was seconded by Hubert Black and voted unanimous.
No estimates were submitted for cost of concrete slab for additional
parking space at new police station. This item deferred to 4-20-70.
(Continuation of April 6, 1970 Meeting) 28,73
i. C. Porterfield motioned that Council waive the bid procedure and
accept the bid from C. W. Matthews Contractors for paving King Street,
Bank and Spring, and parking area at engineers building. The total
amount $2,067.00 to be paid from State Grants fund. The motion was
seconded by Hubert Black and voted unanimous.
Based on prior condemnation, Councilman J. C. Porterfield motioned that
Mr. Carson, owner of the (Davenport) house on Medlin Street, be notified
that he had two weeks from receipt of letter to remove or tear down the
house; non-compliance would result in city forces removing the building
with Fi Fa recorded against the property for the costs incurred. Motion
seconded by C. 0. Canada. The vote was unanimous.
Chairman Marston Tuck reported that a committee meeting had been set ui
for April 13, 1970, at City.Hall, in regard to modular home ordinance,
and report would be made at 4-20-70 meeting.
A letter was read in Council from a citizen on Floyd Road concerning dog
packs in the area. Mayor Smith referred letter to C. 'O. Canada for
report back next meeting.
In reference to the purchasing procedure for the City of Smyrna,
Councilman Homer Kuhl stated that in the past the policy had been that
any expenditure not covered in the budget would be brought before Mayor
tI� and Council for approval. Mr. Kuhl further stated that during the
past two months many purchases had been made without a purchase order
request, and there were two items purchased from city funds not in
V accordance with accepted procedures. He felt it his duty and obligation
to the people he represents to try to correct this. The items referred
to were personal cards and stationery in the amount of $39.00 for
Councilman Marston Tuck. He stated it was the first time to his
knowledge that any official had had business cards printed and the bill
sent to the Q'ity for payment. Mr Kuhl motioned.that Mr. Tuck refund the
City of Smyrna the $39.00 to cover the cost of the cards and stationery.
The motion was seconded by J. C. Porterfield. During the discussion
Mr. Tuck stated he had talked with the Mayor prior to the purchase and
was entirely in line with the duties of his department. The vote on the
motion was four to two. For -the motion, Homer Kuhl, Arthur Bacon, J. C.
Porterfield and C. 0. Canada. Voting against the Motion, J. P. White
and Hubert Black. Marston Tuck abstained.
Councilman Homer Kuhl commented on the investment of $100,000.00 in 7k%
certificates in Smyrna Federal Savings and Loan Association, and in
further discussion questioned the legality of this action. Comments by
Mayor H. L. Smith and Hubert Black and City Attorney G. W. Carreker
revealed that under the existing laws the investment was legal with
full protection thereof. In further discussion in connection with City
of Smyrna investments of idle funds, Hubert Black motioned that the
Council approve a program of investments as outlines and submitted on a
prepared report. The motion was seconded by J. P. White and voted
unanimously. (Copy of investment program to be reproduced and made
a part of the minutes of the above dated meeting.)
Councilman Homer Kuhl reported the traffic signal device at King and
Church streets was in operation, and stated it was elevated higher
than usual because of the frig trucks using the intersection.
The matter of dragline dredging at Stonecreek was referred to Councilman
Homer Kuhl for further contacts with the county.
On road projects, Councilman Homer Kuhl stated he would give a report
on Atlanta Street as soon as requirements for the third lane right -of
way are secured. Also, plans as to widening of love'and Concord to
King Springs held in abeyance pending survey and design engineering.
Eastside sewer facility was deferred due to the absence of consultant
engineer Joe Bork -and report on updating the project costs.
It was reported by Mr. Kuhl that Barrow Shell did charge $15.00 for
towing car from Sanders Funeral Home but this was prior to agreement
with city on price set up for towing. It was bmught out that free tow-
ing service of city vehicles would apply to police cars only.
On motion by J. C. Porterfield, seconded by Arthur Bacon, the Council votes
to accept the recommended proposal from A-1 Towing service, 2422 Fisher AvE
N. W., Atlanta, Georgia, to remove from the city of Smyrna corporate
limits all non operable or junked cars at $10.00 per car.
`-' ( Continuation of April 6, 1970 meeting)
All complaints from this date shall be reffered to the City Police
Department
City Attorney G.W. Carreker reported: (a) Horses had been removed
from premises Powder Springs Street, (b) damage calim (Mr. Myers,
Hawthorne cross -over), to be tried in Cobb Civil Court, 4-13-70,
(c) Hildegarde P. Brown clAim in hands of insurance company,
(d) Pat Mell annexation deferred to next meeting.
Councilman John C. Porterfield reported: (a) Report on city
water rates deferred, (b) that the committee on employee
retirement plan had studied several plans and the initial ,
contributory cost to the city in round figures would be $25,000
to $30,000. Deferred. (c) that the assigned risk status, Workmens
Compensation, check in the amount of $17,173 be held pending
receipt of experience modification. He also reported insurance
coverage on city trucks has been revised and endorsement is in
process. (d) that in the Aarch 25 meeting safety films had been shown to
city drivers and other interested employees, and further classes in
the interest of defensive driving for police and fire personnel will
be scheduled.
Mayor H.L. Smith requested City Clerk L.W. Charles to prepare a
letter to Kassuba Development Corp., owner of Hetitage Trace
Apartments, informing them that failure to pay the sewer tap
on fees in the amount of $14,150 immediately may result in Council
action authorizing discontinuing of City owned sewage pumping
station.
Three malt beverage retail license applications were brought before
Council by committee chairman J.P. White as follows:
au. William S. Reeder, manager Bavarian Alpine Inns. Application
per check out was found in accordance with existing ordinance
and approved for issuance on motion by J.C. Porterfield, seconded
by Arthur Bacon. Motion carried five to two. Hubert Black and
Homer Kuhl opposed.
b. Pizza Inn, 2282 Old Concord Road. Application of record from
Mr. Haze E. Bryan, the appointed manager of Pizza, was held
in abeyance pending further checkout. Deferred to 4-20-70 meeting.
c. Application of'Albert W. Lively, 2782 Atlanta Street,'S.W.,
held for future agenda pending completion of application.
Finance Director Hubert Black commented on current financial
statements and referred mostley to departmental accounts which
showed the eight months actural expenditures in excess of
budgetary controls. In the interest of Closing out the fiscal
year with all departments in the black it was requested that
purchases of supplies, materials, labor and capital items
be held to the minimum through June 30,1970.
On motion by J.C. Porterfield, the submitted minutes for the
meetings of February 2 and February 16, 1970 were approved as corrected
and ammended. Second by Arthur Bacnn and voted unanimous.
The minutes submitted for the meetings of Mayor and Council for
March 2 and 162, 1970 were approved'as corrected. Motion by
J.P. White, seconded by C.O. Canada. Motion carried.
In other action, the Council:
a. Authoriz4d issuance of a parade permit for the Little League to be
held April 25, 1970 at 12:00 o'clock noon which will assemble at the
Drive -In Theatre. Motion by J. C. Porterfield and seconded by
Marston Tuck.
b. Opened bids covering construction of a meter box and installatinn
of an 8 inch meter on Hargrove Road. The bid of W. P. Lord, Inc.,
$1725, J. E. Lovern Construction Company, $2393. The bid by motion
of J. C. Porterfield was awarded to W. P. Lord in the amount of $1725,
seconded by C. 0. Canada, and voted unanimous.
c. Fire Department report by Marston Tuck indicated 54 calls were
recorded for the month of March 1970. There were other comments on the
out -standing performance of the city fire fighters and the rescue unit
in connection with the Belmont Hills Shopping Center fire April 3, 1970.
(Continuation of April 6, 1970 Meeting)
d. Requested Councilman C. 0. Canada to prepare report for submission
in regard to sanitary sewer line on Birch Street for inclusion in
the 1970-71 fiscal budget.
e. Approved on J. P. White's motion,'seconded by J. C. Porterfield
to'secure one book drop at the Smyrna Public Library. Councilman
Hubert Black was authorized to negotiate with the Smyrna Post Office
to secure one U. S. Mail box to be repainted and installed at the
entrance door of the library. Other comments regarding the Smyrna
library.iridicated that new shelving had been installed, that 2900 books
were checked out during the month of March and further that 14,000 volumes
are now available at the city library.
f. Read a letter from the Civil Service Board Chairman recommending to
the Mayor and Council the selection of Sgt. John Young, Jr. to fill the
position of Lieutenant of the Uniform Division, effective 4-16-70,
with a salary increase of $75.00 per month effective 4-16-70. The
above approved on motion of J. P. White, seconded by Homer Kuhl, and
the motion was voted unanimous.
g. Schedule of bonds` that are to be posted in regard to city traffic
violations waa submitted for review. In discussion Councilman J. P.
White motioned the new bond schedule be and is hereby approved and
1-0 effective April 7, 1970. The motion was seconded by Marston Tuck and
voted unanimous.
tfJ '
h. Plumbing Inspector W. L. Westbrook submitted for approval the
V installation of a fiberglass one piece tub and shower -combination. The
V
Councilmon C. 0. Canada's motion authorized the recommendation to become
part of the city plumbing code. The motion seconded by J. C. Porters
field and voted unanimous.
i. Mayor H. L. Smith called out additional furniture, fixtures, railing
and glass doors for the new cnurt room and police station in the esti-
mated amount of $1800 more or less. Councilman J. P. White motioned
this Council waiver the city purchasing procedure and set up a special
appropriation for the furniture and fixtures called out. The motion
was seconded by Marston Tuck. Voting for the waiver, J. P. White
and Marston Tuck. Voting against the motion to waiver, Hubert Black,
Arthur Bacon, C. 0. Canada, J. C. Porterfield and Homer Kuhl.
Leon Hood, Building Inspector,.requested Mayor and Council to ammend
the requirements for issuance of commercial and multiple family building
permits to include approval of plans by the Fire Department as well as
a final inspection and okay of the Fire Department and all other
inspection departments. Homer Kuhl stated that the building inspector
already had the authority to get approval and assistance from the
other inspection departments mentioned and that action was not necessary.
There being no further business, the Mayor requested a motion to adjourn.
Meeting adjourned 12:20 A. M. W-8-70. Next meeting 4-20-70, 7:30 P.M.
APRIL 20, 1970
The mid -month meeting of Mayor and Council was field at City Hall, April
20, 1970, and called to order by presiding officer Mayor Harold L.
Smith at 7:30 o'clock P. M. All Council Members were present except
Councilman Homer Kuhl of Ward No. 4. City Clerk L. W. Charles was
absent due to sickness. Others present: D. Scott Jackson, G. W.
Carreker, J. E. David, C. C. Porterfield, V. M. Broyles, Elmer Wester,
Leon Hood, Truett Grogan, Cliff Drennon, W. L. Westbrook, N. Proctor,
Joe Bork of Hensley -Schmidt, Inc., and a representative of the Marietta
Journal and WBIE.
Invocation was given by the Pastor of the Smyrna Christian Church, Mr.
Ernest S. Blackman..
Boy Scout Troup 524 appeared in Council and was presented an award by
Mayor Harold L. Smith, for having the most imaginative float in the
Jonquil Parade on Saturday, April 18.
Chief C. C. Porterfield, Asst., Chief Don Atkinson, and Fireman Tommy
Harper of the Smyrna Fire Department, were presented an award for
having the most beautiful float in the Jonquil Parade.
Don Rakestraw, winner of the Optimist Oratorical Contest, also appeared
before Council and delivered the speech which gave him the honor of