07-07-1969 Regular Meeting22
JULY 7, 1969
Pursuant to the Charter, the Mayor and Council met at City Hall,
Smyrna, on July 7, 1969. The meeting was called to order by. the
presiding officer Mayor George W. Kreeger at 7:00 o'clock P. M.
All Council Members were present. Others'in attendance were
City staff members L. W. Charles, T. J. Grogg, J. E. David, C.
M. Hamby, and Berl T. Tate. Also present was the Marietta Press
and WBI E.
In the first -order of business a matter was brought before Council
by a Mr. Hachmiester. In relating the facts of an auto accident
involving his wife at the location of the Corner Grocery on
Concord Road, he brought out that his wife's car was forced to
the roadside and struck a concrete catch basin lid. Mr. Hach-
miester asked that the City of Smyrna assume liability for $21.50
damage to his car. The City Attorney.ruled that the City had no
legal obligation or liability in this instance.. A motion was
made by J. C. Porterfield, seconded by B. F. Stewart, to deny
liability for $21.50 damage at catch basin on the left right-of-
way on Concord Road near the Corner Grocery. The motion was
unanimously approved. '
The Council heard the appeal of William Paul Hiatt from the Recorder's
Court of the City of Smyrna, -Docket #5135. Mr. Hiatt was represented
by Gene Johnson. Upon a ruling of theCity Attorney, Mayor George
Kreeger declared the appeal to be out of order on the grounds that
it was not filed by the defendant or his legal representative. This
ruling thus sustains the Recorder's Court decision of June 14, 1969.
Upon a motion of Homer Kuhl, seconded by C. 0. Canada, the Council
set August 4, 1969, as the date for a hearing of an appeal from
Recorder's Court from Mr. T. F. Roberts, Jr. The motion was approved
unanimously.
Commercial building permit applications were brought before the
Council by City Building Inspector C. M. Hamby.
(1) Pinkerton and Laws - Application for Hickory Corral, Cherokee
Road, approved by a motion of B. F. Stewart, seconded by C. 0.
Canada, unanimous vote.
(2) Fat Boy Restaurant - Application to build a storage room at
the rear of their present structure. Approved by motion of J: C.
Porterfield, seconded by C. W. Armour, voted unanimously.
(3) Mr. Stancil - Application for a carport, and a request to waive
the setback requirements from the right-of-way in a residential
area. Approved on a motion by Homer Kuhl, seconded by B. F. Stewart,
and voted unanimously.
Councilman Homer Kuhl reported that his committee on business licenses
had recommended that the license fee for Mr. John Hayes under the
heading of "editing -technical data" be granted for $25.00 per year.
The stipulation that there would be no printing done on the premises
was also included in the motion for approval of committee action.
Motion for approval of committee action by Homer Kuhl, seconded by
J. C. Porterfield and voted unanimously.
Pertaining -to current City road projects, it was reported that the
survey on the Coppenger property for the purpose of obtaining a
quit -claim deed was still in progress. A hearing will be held July
109 1969 for the purpose of namixig- assessors for property on Woodlawn
Terrace so that the proper condemnations may be completed so that
the street may be widened and paved. The paving on the tennis courts
in Brinkley Park has begun with estimated completion date of July
10, 1969.
Public Works Superintendent James E. David reported on water and
sewer projects. The sewerage easement from Deerwood to Bennett
Woods Unit#5 across the Ernest Turley property has been completed.
The proposed drainpipe from the Payne to Mathis property was reported
as ready for installation. The proposed drainage of land on Elizabeth
and Foster Streets is awaiting the payment of $200.00 by each of the
property owners concerned.
225
(Continuation of July 7, 1969 Meeting)
Mayor George W. Kreeger reported that he had no further infor-
mation on the Eastside treatment plant other than that which
had already been discussed in Council.
Mayor Kreeger reported that he had been unable to contact Mark
Johnson in reference to the State Highway reimbursement for the
Spring Road project.
The new police station was reported to be on schedule in all
phases.
Councilman J. C. Porterfield reported on the June 25, 1969, meeting
of "the safety committee. The committee reviewed the claims against
workmen's compensation and liability, noting that recent records
revealed improvements in performance of City employees in the
area of safety. The committee also reviewed the rec ammendations
of an insurance company safety engineer and made recommendations
as to what improvements would be feasible to implement. The next
meeting was changed from 4:00 P. M. to 9:00 A. M., July 30, 1969.
LO
The Council considered the totals of
the operating department
budgets for 1969-70. The following
totals were announced:
2t�
W
Administrative - City Hall
$ 143,092.00
U
Garage
55,490.00
Library
31, 748.55
Maintenance
249425.60
Civil Defense
7,334.50
Streets
82,585.56
Police
186,179.29
Fire
126,947.60
Sanitation
1947217.41
Treatment Plant
38,040.00
Parks
Total (General Fund)......
59 433.00
949, 993.50
Upon a motion by Homer Kuhl, seconded by J. C. Porterfield, the
budgets and the total amount were approved as presented by unanimous
vote.
The budget for the water department was called out as $282,598.16.
This budget was approved upon a Motion by Homer Kuhl, seconded by
J . .B. Ables,. and voted unanimously.
The Council approved the following -personnel changes: (1) Increase
in Police Department personnel from 21 to 24 (addition of two
patrolmen and one clerk -typist). (2). Increase in Fire Department
personnel 14 to 16 (addition of two firemen). (3) Addition of
one laborer to the Sanitation Department. (4) Addition of one
hourly employee to the Parks Department. These personnel additions
• were approved by a motion of J. B. Ables, seconded by Homer Kuhl
and voted unanimously.
Upon a motion by J. B. Ables, seconded by C.' W.. Armour and approved
by unanimous vote, the minutes of 6-2-69 and 6-16-69 were accepted
as presented.
In reference to complaints received from residents of McLinden
Avenue pertaining to the Concord Gardens Apartments, Councilman
C. W. Armour reported that action was in progress in reference to
the complaints.
Because of the Labor Day Holiday, the Council set the meeting dates
for September, 1969, for 9-8-69 and 9-22-69. Motion by J. B. Ables,
seconded by Homer Kuhl and approved.unanimously.
Councilman Homer Kuhl asked that his proposed amendment to the City
of Smyrna Zoning Ordinance be dropped from further consideration.
Councilman C. W. Armour reported that the malt beverage applications
by Hickory Corral and Milk Jug #23 were in work.
226
(Continuation of July 7, 1969 Meeting)
In final action the Council:
(1) Agreed to the appointment of the Assistant Fire Chief as,
principal inspector of incinerators for air pollution violations
and directed the City Attorney to begin work on an incinerator
ordinance for the City.
(2 ) Deferred until the next meeting, a request from Sanders
Funeral Home to be designated as the operator of emergency
vehicles in the City of Smyrna.
(3) Heard a request from Smyrna Pony League, -read by C. 0.
Canada, for exclusive use of Cobb. Park from July.7, 1969 through
July 26, 1969. An approximate curfew time of'10:30 P. M. was
called out. The use of the park was. approved by unanimous vote
upon a motion by C. 0. Canada, seconded by Homer-Kuhl.--
(4) Heard a request from the Smyrna Little League, read by J.
C. Porterfield, -for the exclusive use of Brinkley Park, July 17
and 18, 1969, for the district tournament and July 30 and 31,
1969 for the state'-tournamen't --'The =request was placed in a motion
by J. 6. Porterfield, seconded by C. 0. Canada and approved unan-
imously. The Council. also approved the placing of welcoming
letter in the Little League program and to absorb the cost of the
letter being placed in the program. C. W. Armour was designated
to write'the letter on behalf of Mayor and Council.
There being no further business, the meeting was adjourned at
8:20 P. M.
************************************
JULY 211 1969
The regular mid -month meeting of Mayor and Council was held at
City Hall, Smyrna, at 7:00 P. M., July 21, 1969 and was called
to order by the presiding officer, Mayor George W.� Kreege-r. - All
Council Members were present. Others present were City staff
employees L. W. Charles, T. J. Grogg, J. E. David, C. M. Hamby,
and Berl T. Tate. Also present was a representative from the
Marietta Press and WBIE.
As the first order of -business, Mayor Kreeger read a prepared
statement in rebuttal -to assertions made in a series of articles
by Lavice (Deal appearing in -the- Marietta Daily Journal concerfiin-g
the racial policy of theCity of Smyrna. • A copy of the statement
was given to the representative of the Marietta Journal present
at the meeting. -
No citizens were present with matters to be brought before the
Council.
A request was heard on behalf of Mr. Kenneth L. Burson, represented
by Mr. Robert Beverly, for rezoning the recently annexed -land on
Herodian Way from R-1 (AA) (County) to R-2, multiple family
dwellings, apartments, (City). No citizens were present to oppose
the proposed rezoning. A motion to approve the request for re-
zoning was made by Homer Kuhl, seconded by C. W. Armour and
approved by unanimous vote. The plans call for 416 Towne House
Apartments to be built in a two year time period. The proposed
apartments will rent -for a price of $140.00/month to $225.00/month.
A rezoning request was heard by Council to rezone two lots on
Cherokee Trail from R-1 to C-1. Mr. Johnny Morris, a real estate
broker, represented the property owners. After discussion with
the Council, Mr. Morris reduced his request from R-1 to C-1, to
R-1 to "C". The Council accepted this change in the request, and
upon a motion by J. C. Porterfield, seconded by B. F. Stewart, and
voted unanimously; the property was rezoned from R-1 to "C".