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04-07-1969 Regular MeetingAPRIL :7., - 1969 A regular meeting of Mayor and Council was held at City Hall, pursuant to the Charter, on April 7, 1969 and called to order by Mayor Pro Tem. J. B. Ables at 7:00 o'clock P. M. Councilmen present: B. F. Stewart, C. 0. Canada, C. W. Armour, Homer Kuhl and J. C. Porterfield. Councilman R. H. Wood absent due to illness and Mayor G. W. Kreeger absent by reason of a business trip to Florida. Others present: City Attorney. Berl T. Tate, Public Works Superintendent J. E. David, Building Inspector C. M. Hamby, and City Clerk,L. W. Charles. Also in attendance was Andy Waldrop of Consultant Engineers and the Marietta press. In the first order of business a zoning petition -to change the zoning from District "C" to C-1, two parcels of land on Concord Road, came up for public hearing. The published zoning appli- cation of Mr. C. L.'McLane requested the Council consider changing the District "C" zoning of two parcels known as 1125 and 1131 Concord Road to C-1, Land Use Permit, Sales and Service, Heating and Air Conditioning Products. Mr. C. M. McRae represented the petitioner and stated that.a retaining wall would be constructed at the rear of the building lot, that the structure would be a Butler metal structure with a brick and glass front.. Councilman Homer Kuhl read certain restrictions called out from the March 18, 1968 minutes which -zoned the land to District "C" and re- stricted the properties to the removal of present residential structures to be replaced with commercial type buildings, said structures to be of masonry construction. A discussion hinged on the submission of revised architectural plans to change the front of the metal building to brick and glass as shown as Exhibit "A" in the Butler Manufacturing Company manual. Councilman B. F. Stewart motioned that the property be rezoned as advertised, District "C" to C-1, and Land Use.Permit be issued for sales and service, heating and air conditioning products, subject to construction of rear lot retaining wall, no parking of trucks at front of structure, and further contin- gent upon a revised architectural drawing of the front elevation requested by Council in accordance with the design marked Exhibit "A' in the Butler Manual of Metal Structures. The motion was seconded by C. 0. Canada and voted unanimous. Mr. Phillip M. Darnell, after being duly sworn, testified in his own defense on the charge of leaving the scene of an accident. He called out the time, place, condition of streets and that the passengers in his car who were injured was his first and most important responsibility. The.evidence revealed that on. March 16, 1969, Mr. Darnell's car struck a post on King Springs during the ice storm of record and that his first thought was to trans- port injured persons to his friends home on Starline. He entered his testimony with a plea there was no justification on the charge of leaving the scene of an accident. Officer R. R. Castile's testimony revealed only the fact that they investigated an aban- doned car on King Springs Road, failed to locate the owner,. and towed the car in. In the discussion around the table, the Council action hinged on the intent of the defendant at the time of the accident. J. B. Ables recommended that on the basis of the evidence submitted the charge, "leaving the scene of an accident" be reversed. Councilman C. 0. Canada moved that the charge be dismissed., The motion was seconded by J. C. Porterfield and voted unanimous. The second appeal from Recorder's Court came from Robert L. Roberts on two charges, per Docket #4503A and Docket #4523A. The hearing was scheduled for April 7, 1969. The motion by B. F. Stewart dismisses the appeal of Mr. Roberts on the basis of his nonappearance, seconded by C. W. Armour and voted unanimous. Commercial Building Permits: In the March, 1969 minutes, a building permit was approved for a Mini Cinema on South Cobb Drive per the application of Mr. Meiselman, owner of the Miracle Theatre adjacent to Zayre Department Store. The minutes called 203 (Continuation of April 7, 1969 Meeting) out face brick on four .walls of the iiew ,theatre,:;Structutb,,:. Mr. Meiselman appeared and assured the Council that the structure would be changed and acceptable based on submission.of.plans that called out brick and block panels. Councilman J. C. Porterfield moved the building permit be.approved as as sub- mitted. Motion seconded by C. 0. Canada and voted unanimous. Mr. Hamby submitted the .following permits and recommended their approval: 1. Artistic Neon, one sign located at 563 Cherokee Road for Coiffures by Doris. Motion by B. F. Stewart, seconded by C. W. Armour. 2. One 281x38' building addition, Smyrna Container Company on Corn Road. Approved per motion J. C. Porterfield, seconded B. F. Stewart. 3. The Council was in full accord with the proposed relocation of the Reeves .Garden Shop on Ventura Place. The present structure on South Cobb would be removed and resurfaced. Lf'J 4. The building permit for sales and service, heating and air conditioning, on Concord Road, per application of Mr. C. L. McLane, was held in abeyance pending submission of revised V architectural plans in regard to the front of the structure. 5. There was no action recorded by the Council with reference to the July 1967 building permit fee paid by Bernard Jaffe and Associates for the construction of 110 units on Smyrna - Powder Springs Road. The fee paid was $1,150. MEMO: In December 1968.Bernard Jaffe and Associates appeared ,at City Hall and submitted the second application for building the same 110 units on Smyrna -Powder Springs Road. The requested refund ($1150) was rejected by Council by reason the City incurred certain.expenses through the issuance of the permit as well as payment of 50% of the building inspector's fee. City Attorney Berl T. Tate reported that the City House Bills had passed the House and Senate but had not been signed by the Governor of Georgia. Councilman J. C. Porterfield, Chairman of the Safety Committee, submitted his.report based on the meeting held at City Hall March 26, 1969. He stated that preventive measures were in process which required accident reports be submitted to the Safety Committee. Drivers of City vehicles involved in acci- dents will be required to attend the meetings and report the nature of the accidents to the Safety Committee. The next meeting was scheduled for April 30, 1969 at City Hall. Current water and sewage projects were reported in Council by J. E. David as follows: a. Water line installation, Bennett Woods Unit #5, to begin first week of May 1969. .b. Acquisition of sewerage easement, Deerwood to Bennett Woods Unit #5, crossing the Ernest Turley property, in process. c. Water service lines and fire lines installed in Hargrove project of the Kassuba apartment development. The proposed access road along the north perimeter line of the Joe H. Anderson property running westerly from the fourlane highway to Brenda Drive was discussed and it was agreed that said road shall be dedicated to the City and paved by the developer to a width of thirty-six feet. d. A report submitted to City Hall in 1963 indicated that the two residences at the intersection of King Spring and Cliff - wood were built too low for a tap on to the City sewerage 044 (Continuation of April 7, 1969 Meeting) facility. A recent checkout by J. E. David revealed that sewage was available. Motion by Homer Kuhl, seconded by C. 0. Canada, authorized sewerage be installed to the .homes of Messrs. Cochran and Hill at the going rate of $200 per tap on. Clean up of trash and debris in yard on Benson Pool Road was reported in work and Councilman C. W. Armour requested that other businesses in the area and fronting on Old Concord Road be contacted in connection with similar problem. Progress was also reported by Councilman J. B. Ables in removal of dismantled or unoperative cars from the premises .of .local service stations. On the question of disposal area for old automobiles, the Council suggested cutting up and'transporting to Atlanta. City Attorney Berl T. Tate reported in Council on the Resolution referring to exit and entrance patterns,. U. S. 41 and 285 at Spring Road, stating the Resolution had been assigned to committee and passed in the House and transmitted to the State Highway Department of Georgia. Police Chief R. L. Drake reported that the repair operations at residence (Hawthorne east of barber shop) had ceased. The item appeared on the Agenda as a violation of the City of Smyrna business license ordinance. The Council approved a mobile home permit to be issued to Developers Service Company for use as a field office with a specified time not to exceed nine months. Mobile home permit shall call out the usage as a contractor's field office for the building of five homes in Colonial Hills. Permit issued on motion J. C. Porterfield, seconded by B. F. Stewart, and voted unanimous. In connection with release of a check to Dr. Paul J. Payne for treatment May 8, 1968 through August 27, 1968 of George G. Miller; the matter was brought before Council in the interest of release of the unpaid balance in the amount of $85.00 due Dr. Payne. The Council requested the prepared release be signed by Mrs. Mamie Hughey, sister of Geroge G. (Buck) Miller, prior to release of payments for medical, drugs, transportation and care. Chairman of the Police Committee, Councilman J. B. Ables, reported on current activities and proposed changes in.the Smyrna Police Department as follows: The promotion of Sgt. Bobby Stephens to Lieutenant of the Uniform Division shall be effective May 1, 1969 with salary based on length of service using the current based scale of Assistant Fire Chief. The promotion of Sgt. Harry P. Black to Lieutenant of the Detective Division, shall be effective May 1, 1969 with salary based on length of service using the current based scale of Assostant fire Chief. The above on motion by B. F. Stewart, seconded by Homer Kuhl, and _the vote was unanimous. Four bids were received and opened covering the purchase, per specifications submitted, of one 1969 Detective automobile as follows: Kelly Chrysler, Marietta, Ga. $ 2607.68 Day's Chevrolet, Acworth, Ga. 2590.20 Lennox Dodge, Atlanta, Ga. 2502.76 Liephart Chevrolet, Decatur 2471.15 AN ORDINANCE TO AMEND AN ORDINANCE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF TIDE CITY OF SMYRNA, and it is hereby ordained by authority of same as follows: SECTION I: The Sanitation Ordinance of the City of Smyrna as Amended by Mayor and Council on January 9, 1961, March 61 1961, September 14, .1964, and January 9, 1967, is hereby amended by adding a new paragraph to be designated as Paragraph 6A which shall read as follows: "All apartments constructed subsequent to the date of adoption of this Amendment shall provide for their occupants Trim Town Containers for the accumulation of garbage, trash and rubbish. All apartments completed prior to the date of passage of this Ordinance or presently under construction to be occupied subsequent to the date of this Ordinance shall install Trim Town Containers on or before January 1, 1970." SECTION II: The Sanitation Department of the City of Smyrna shall, if the owners of apartment projects so desire, purchase Trim Town Containers for sale to apartment owners, said price to be paid to the City of Smyrna upon delivery of the con- tainers. The Sanitation Department of the City of Smyrna shall, for the monthly rate adopted by the Mayor and Council of the City of Smyrna, furnish two sacks per week per apartment unit at no additional cost to the apartment owners and shall maintain in stock a supply of additional sacks as required by the said apartment owners. SECTION III: Any person, firm, or corporation violating or,failing to comply with any of the provisions of this Amendment shall be penalized as provided in the Ordinance herein amended. (Continuation of April 7, 1969 Meeting) Councilman J. C. Porterfield recommended that the four bids as recorded be tabulated and checked out to specifications by the Police Committee with.authority to release City of Smyrna purchase order. Second to the motion, C. W. Armour, and voted unanimous. The motion of B. F. Stewart authorized the purchase of new radio equipment for the police department waiving the ordinance covering purchases in excess of $500. The equipment selected was Motorola in the amount of $895.00. Motion seconded by C.W. Armour and voted unanimous. In final action, the Council: a. Agreed on C. 0. Canada's suggestion that a Resolution be drawn by City Attorney Berl T. Tate in recognition of the achievements of Kathy Johnson, and further, that she shall be paid for her time away from her duties at the City Hall by reason of attending the_Star Student Banquet at the Regency Hyatt House on April 18, and also for the period April 21 through 24 while in Washington as the State of Georgia winner of the Betty Crocker Homemaker's award. 2f� W V b. Approved the erection of a sign at the curvature of Glendale V Place to read "Slow, Dangerous Curve". C. The Council, per C. W. Armour's request, approved the erection of an intersection sign on the south right-of-way of Spring Road, west of the intersection of Highland Drive. d. Listened to the report of C. W. Armour with reference to the location of the refuse containers in the completed structures in Hickory Lake Apartments on Smyrna -Powder Springs Road. It was reported that the refuse containers are located in a lower level room requiring sanitation personnel to carry ,garbage up eight steps. It was further reported that ten buildings are involved and Council agreed that the garbage containers of these ten structures shall be placed on the ground level on the days of collection, and further agreed that no mote foundations would be.poured with the garbage containers in a lower level room. The agreement was based on the safety factor and the City policy which prohibits sanitation personnel from entering buildings to pick up refuse. e. The Council adopted this date, on C. W. Armour's motion, an amendment to the,City of Smyrna Sanitation Ordinance. The motion carried by unanimous vote on B. F. Stewart's second. The amended ordinance adds a new paragraph designated as Paragraph 6-A which authorizes all apartments to install trim town containers for each occupant and all apartments under construction or presently occupied shall provide trim town containers on or. before January 1, 1970. The, amendment further stated the sanitation department will purchase and deliver trim town containers on a c.o.d. basis and furnish two sacks per week per occupant per a monthly rate adopted by the Mayor and Council. The amendment to the ordinance dated 4-7-69 is hereby made a part of the finalized minutes of the meeting held at City Hall, April 7, 1969. f. Discussed the upcoming fiscal budgets and set May 19, 1969 for preliminary reports. g. Discussed the dog leash law and requested newspaper coverage calling out the requirements of citizens regarding the.ordi- nance. h. Requested information on codification of ordinances and the securance of sample copies. There being no further business the Council on motion by J. C. Porterfield adjourned at 9:10 P. M. Next meeting April 21, 1969.