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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".