07-06-1970 Regular MeetingJULY 6, 1970
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The regular meeting of Mayor and Council was held pursuant to
the Charter of City Hall, smyrna, Georgia, July 69` 1970, at
7:30 o'clock P.M. Mayor Harold L. Smith presided. Councilman
present: Marston Tuck,'J. P. White, Arthur Bacon, Homer Kuhl
and J. C. Porterfield. Councilmen C. 0. Canada and Hubert
Black absent. Also present were: City Clerk L. W. Charles,
City Attorney G. W. Carreker, D. Scott Jackson, J. E. David,
N. Proctor, C. C. Porterfield, Leon Hood, and a representative
from the Marietta Journal and WBIE.
Invocation was by Councilman Homer Kuhl.
.The petition presented by Mr. James K. Graham to rezone a parcel
of land at the southeast corner of Concord Road and Mc Cauley
Road from Distric "C" commercial to District C-1, Day Care Center
restricted, was brought before Council. In discussion Mr. Graham
stated that approximately 80 children would be enrolled at the
center and all children would be out by six P.M. Reference was
made to the ordinance in regard to removal of old buildings
and erection of new masonry structures on Concord Road; However,
Mr. Graham stated they only planned to remodel and add to the
existing.building. The rezoning was approved on motion by
Homer Kuhl, seconded by Arthur Bacon, and voted -unanimously.
Zoning hearing for property, per present numbering system,
known as 744 Cherokee Road was next on the Agenda. The application
submitted by James H, Edgens to rezone the property from
Distric "C" commercial to District C-1, professional office
building restricted, was approved unanimously on motion by
J. C. Porterfield, seconded by J. P: White. (MEMO: It was noted
that no outside changes would be made except for painting.
Changes would be made on inside of structure.)
Mr. Homer Stanfield, applicant to rezone a parcel of land in LL
6681, Atlanta Road, from District "C" and,C-1 county, to C-2
Printing & Publishing Co., was present 'to answer any questions
asked by Council. He stated the company known as American Charts
Company would employ approximately 40 people and the massonry
type building would consist mostly of layout rooms and computers.
Mr. Stanfield was infofined that sewage would be installed at
his expense (on a bid basis) . There was no opposition to the
rezoning and on motion by J. P. White, seconded by Marston Tuck,
the parcel was rezoned from C and C-1 county, to C-2 as advertised.
on unanimous vote:
Petition for annexation into the corporate limits of the City of
Smyrna of six acres, Woodlawn Terrace north of Bethel Church
(Coker property) LL 847, was brought before Council. On motion
by Marston Tuck, seconded by Homer Kuhl, the annexation was
approved on unanimous vote. MEMO: Petitioner agrees to abide
by all ordinances, codes, and regulations of the City of Smyrna
and to pay the City regular taxes for the year 1972 on this
property, or an amount equivalent thereto for services rendered.
Hearing date for consideration of rezoning of the Coker property
has described above from R-lAA county, To C-1 Commercial, was
set for A gust 3, 1970, on motion by J. C. Porterfield, seconded
by Homer Kuhl. The vote was unanimous.
Hearing date for consideration of rezoning of the Reece property
on Concord Road from R-1 to District "C" was called out as August
3, 1970, on motion by Marston Tuck, seconded by J. C. Porterfield
and voted unanimously.
Several citizens from the Fraser Street area, appeared in Council
with a complaint of vicious dogs running loose. Mr. & Mrs.
Earnest Collin stated they had been attacked by certain vicious
dogs that still were allowed to run loose at least part of the
time. Mr. W. K. Wages and Mrs. Harris also complained of the
dogs and also lou_d noises at night caused from a race car and
motor bike. Another citizen, Mr. Tommy Smith stated the whole
area needed cleaning up; cars parked on both sides of street,
dog packs, hedges needed to be cut, garbage and trash in front
and back of homes. A petition signed by approximately 35.
citizens in the Frasier area also complaining of above nuisances
was submitted to Council. It was recommended by J. P. White that
these citizens sign a warrant with the Police Department in regard
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(CONTINUATION OF JULY 6, 1970 MEETING)
to the vicious dogs and the extremely loud noises.
A request was made to Council by Messrs. Christopher Hamby and
Leon A. Webb to grant them authority to out from the existing
manhole on Leafmore Drive to the proposed manhole on Powder
Springs Road, for the purpose of tying,in a sewage line, subject
to: (1) the portions of the road cut will be patched in accordane
with the,specifications of the City of Smyrna and at Messrs.
Hamby's and Webb's expense, (2P the City of Smyrna waives
sewer tap for the lots described at lots 1, 2, 3, 4, 5 and 6
of the subdivision of Ray Newton. Councilman Homer Kuhl motioned
the agreement be signed by the Mayor and the sewer tap fees
be waived in favor of installation of the sewer lines. Motion
seconded by, Marston Tuck. • The vote was unanimous.
Mrs. Martie Ellis appeared before Council with a letter stating
she had been named Manager of the Pizza Inn ons Old Concord Road
amd regiested tje malt beverage license be reinstated. On
motion by J. P. Wh te, seconded by Arthur B.n.con, the malt
beverage license for Pizza Inn was reinstated. The vote was
four to one, Homer Kuhl opposed.
In reference to the malt beverage license for Pizza Hut on So.
Cobb Drive, City Attornery G. W. Carreker stated it was his
opinion that Council does not have the authority to waive
ordinance requirements on malt beverage licenses; the Pizza
Hut being only 165 feet from the nearest residence instead of
the required ,200 feet.
The following commercial building permits were submitted by
building inspector Leon Hood: t
Atlas Neon Sign Company, 11' x 10' 3-sided lighted sign incorp orating
( digital clock at 2125 So. Cobb Drive, for Bank of Smyrna, Approved
unanimously on motion by J. C. Porterfield, secoded by Homer Kuhl.
(2) Rainwater Construction Co., Inc., 70' x'96+ metal building, 2158
Atlanta Street, for C. J. & Jerry Fouts. Motion to approve unanimously.
(3), Akin & Flanders Construction Co.;'rebuild structures demolished
by fire, Belmont Hills shopping_ Center on Atlanta Street, for Benard
Halpern. Approved•unanimously on motion by Marston Tuck, seconded by
Homer Kuhl. -
(4) Mr. Jerald Eaton, 1170 Powder Springs St., requested permit to
finish garage apartment started by Mr. Cochran. Motion by Councilman
Homer Kuhl that permit be issued with the understanding that he will not
be able to rent the apartment. Motion seconded by J. C. Porterfield
and passed. Arthur Bacon abstained.
Sidewalk requirements for commercial 'areas were discussed in Council.
Excerpt from April 2, 1962 Minutes of Mayor and Council and excerpt
from subdivision regulations adopted April 1960 were read in Council. -
It was the decision of all councilmen that the ordinance on sidewalks
will remain in effect.
Petition for flashing light in area of Brown Elementary School on Concord
Road was eeferred to the street committee for investigation and report
back at next council meeting.
On motion by Homer Kuhl, contract was awarded to the low bidder on
janitorial service to clean all buildings' (City Hhll, Police Station,
Library, and Jonquil. Room) for a period of 60 days starting 7-7-70.
Motion seconded by Arthur Bacon and voted unanimously.
Councilman Homer Kuhi stated he had received no further report from
Consultant Engineers Hensley -Schmidt on Atlanta Street. Also, that
a design for Love Street had been received sometime back but it was
not known when the right-of-way plans would be ready. Drainage problems,
Atlanta and Love Streets, were discussed but due to the contemplated
widening of Atlanta Street, it was reported.that the State Highwya
Department at present would do nothing. The'prive on the addition of
two lanes on Love Street widening (171 feet) was reported as $1425, as
per bid by C. W. Matthews. On motion by Homer Kuhl, seconded by J. C.
Porterfield, the amount of $1425 was approved. The vote was unanimous.
J. E. David reported: (1) that the trees were being cleared in the Stone
Creek area back of Brookview Gardens in preparation for the drag line
which should be in this month (2) the granite wall on Forrest Drive
had been completed, 3) if budget is approved 7-6-70 he can go ahead and
secure bids for storm sewers on Birch Street.
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(Continuation of July 6, 1970 Meeting)
On recommendation of V. M. Broyles, Supervisor of the Sanitation Department,
and on motion by Marston Tuck, the part of the ordinance adopted 4-7-69
relating to compulsory use of the bag system in apartments is hereby repealed.
The motion was seconded by Homer Kuhl and voted unanimously. Mr. Broyles
to work out the revised ordinance after talking to apartment manager.
On further recommendation by the Sanitation Supervisor, approval was granted
to increase the rate for apartments for refuse collection from $1.75 to
$2.00 per unit. Motion by Marston Tuck to approve increase, seconded by
Arthur Bacon. The vote was unanimous.
Surplus of a 1962 Pak-Mor garbage unit which had not been used in three or
four months was discussed. Councilman Marston Tuck motioned this piece of
equipment be surplused and bids secured for opening July 20, 1970, Council
having the tight to reject any bid. The inotion was seconded by Arthur
Bacon and the vote was unanimous.
Approval of the fiscal 1970-71 departmental budgets was next on the Agenda
On motion by Marston Tuck, seconded by Homer Kuhl, all departmental general
fund budgets were approved as submitted along with salary increases attached
thereto in the total amount of $11133,917.92, also, the water department
LID budget was approved as submitted with salary increases per attached list
d" in the total amount of $336,315.00. The general fund budget included
$22,000.00 contingency fund. $104,000.00 for installation of underground
garbage cans, if approved, was not included in the above general fund
U budget. Vote to approve the budgets as submitted was unanimous.
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Installation of the underground garbage container system was discussed.
Estimated cost of the installation was called out as $104,000 with
$12,000 to $14,000 to be recovered from the residents (cost of the cans);
the City to pay $16.50 and the residents $3.00 per can, leaving a cost
of the City of approzimately $86,000� Councilman Arthur Bacon motioned
that we install the underground cans�and charge 'residents for the City's
cost of the 30 gallon cans ($3.00 eadh), and further, that any resident
desiring a second can would pay for installation and the can at a cost of
$19.50 prior to installation. The motion was seconded by Marston Tuck.
The vote was four to one, J. P. White opposed. It was also brought out
that the sanitation ordinanve must be amended to take care of this change.
The amended ordinance to be submitted at next Council meeting.
On motion by Homer Kuhl, seconded by Marston Tuck and voted unanimously,
the building on Atlanta Street recently purchased by the City (formerly
Brawner property) wasndeclared surplus and no longer needed.
Councilman J. C. Porterfield motioned that Council accept bids on demolition
of the building (formerly Brawner property) on Atlanta Street, said
specifications to require anyone bidding to be fully insured and verification
furnished that liability insurance is in effect prior to removal of building.
Bids to be opened August 3, 1970. The motion was seconded by Homer Kuhl
and voted unanimously.
In discussion of erecting a new garage -sanitation building 35' x 36.5'
on North Cooper Lake Road, consisting of two bays and two doors, it was
brought out that a complete set of specifications would be required if
there was more than one bidder. In further discussion, Marstnt Tuck motioned
that Council waive the bid procedure on the sanitation -garage building on
NorthCooper Lake Road. The motion was seconded by Homer Kuhl and voted
unanimously. J. A. Bailey had submitted an estimated cost for the
building of $11,945. On motion by Homer Kuhl, seconded by Marston Tuck, the
contract was awarded to Mr. Bailey at a cost not to exceed $12,000. The
vote was uananimous.
Under departmental reports, Councilman Arthur Bacon motioned to let bids
for the installation of the underground garbage system, with liability
insurance as well as performance bond to cover amount to contract, required
of bidders, 10% retainer fee, 30 day pay period, with 120 calendar days
to complete and city engineer with request to contact the telephone company
for possible negotiations. ;
J. C. Porterfield stated it was his opinion that the plaque placed on the
new police building should have been brought before Mayor Council before
being installed.
Homer.Kuhl moved that the business license not be granted to H. J. Bailey
for sale of vegetables. Motion seconded by J. C. Porterfield and voted
Unimously. It was agreed that all owner's and/or managers of apartments be
notified of effective date of increase in refuse collection rates.
(Continuation of July 6, 1970 Meeting)
The meeting adjourned at 10:55 P. M. Next Council Meeting July 20, 1970.
APPROVED DEPARTMENTAL BUDGETS
FISCAL 1970-71
DEPARTMENT
TOTAL
Administrative
$146,617.00
Garage
60,390.00
Library
37,617.64
Maintenance
32,007.4o
Civil Defense
12,865.60
Streets
113, 944- 96
Police
240,555.00
Fire
158,o67.00
Sanitation
166,981.32
Sewerage Treatment
71,126.00
Parks
93, 746.00
Total
$1,133,917.92
Water
3365315.00
JULY 20, 1970
The mid -month meeting of Mayor and Council was held at City Hall, Smyrna. -
Georgia, Juyl 20, 1970, and called to order at 7:30 o'clock P.M. by
Mayor Harold L. Smith. All Councilman were present: L. W. Charles, City
Clerk, G. W. Carreker, City Attorney, D. Scott Jackson, N. Proctor, J. E.
David, V. M. Broyles, Leon Hood, and a representative of the Marietta
Journal and WBIE.
Invocation was by Councilman Homer Kuhl.
Under Citizen Reports Mrs. J. W. Harris, 2800 Fraser Street, appeared before
Council stating that Judge Kenneth Chalker repremanded the witnesses and
treated them indignantly in a recent hearing on a warrant taken out
by Mrs. Ernest Collin against Gerald Steed, 2?90 Fraser Street, for violatinn
of the City's dog leash law. Mr Steed, reported the dog had been given
away therefore, the judge threw the case out. Mrs. Harris stated that the
Steed's had taken out a warrant against her for letting her dog out.
Mayor Harold L. Smith said that neighborhood squabbles usually end up
tiis way and apoligized for Judge Chaalker if he was discuourteous in any
way.
A. N..Bryan, 3248 King Springs Road, complained of garbage pick up
service. Referred to Sanitation Supervisor V. M. Broyles.
Commercial building permits were submitted by building inspector Leon Hood
and upon his recommendation, the following action is recorded:
(1) Southern Bell, Service Building 681 x 401 and parking lot, Corn Road.
Approved unanimously on motion by Marston Tuck, seconded by J. C. Porter-
field.
(2) Day Care Center, Concord Road and McCauley, two story addition.
Building inspector, Leon Hood, presented a sketch of the existing dwelling
located at 1076 Concord Road, showing planned modifications to structure,
makin it suitable for use as day care center. Councilman Homer Kuhl stated
that tiais parcel of land was one of sixty-six parcels which carried certain
restrictions as per recorded minutes of March 18, 1968, page 129 at this