08-18-1969 Mid-Monthly Meeting(Continuation of August 4, 1969 Meeting)
The Mayor had no report to make on state highway reimbursement.
By a motion of J. B. Ables,'seconded by.Homer Kuhl, and voted
unanimously, the minutes of 7-7-69 and 7-21-69 were approved
as submitted;
Berl Tate reported that he and C. W. Armour had not yet gotten
together to draft the incinerator ordinance for the City of
Smyrna.
City Attorney Berl Tate reported that Zayre of Georgia's suit
against the Cobb County Sunday closing law had been ruled on in
the Fifth U. S. Circuit Court of Appeals in New Orleans, La.
The three judge panel had ruled by a 2-1 vote to uphold the
Atlanta Federal Court decision not to expand the law to include
all businesses. Zayre still would have recourse to the U. S.
Supreme Court.
Homer Kuhl's motion, seconded by B. F. Stewart,, called for the
City of Smyrna to work out a plan for encouraging voter regis-
tration for the fall election. The Mayor appointed Councilmen
Kuhl and Stewart as a committee to coordinate this effort.
There being no further business, the meeting was adjourned at
9:15 P. M. Next meeting August 18, 1969, at 7:00 P. M.
AUGUST_18, 1969
The mid -month meeting of Mayor and Council, City of Smyrna, was
held at City Hall, August 18, 1969, and called to order at 7:00
o'clock P. M. by the presiding officer Mayor G. W. Kreeger. All
Council Members present except Ward #3 Councilman R. H. Wood.
Others present, Attorney Berl T. Tate, Building Inspector C. M.
Hamby, Engineer J. E. David, City Clerk L. W. Charles, Mr. Joe
Bork of Hensley -Schmidt, Inc., and the Marietta press
In the first order of business, Mr. Forrest A. Paschal, Spring
Road at Carolyn Drive, spoke in Council regarding a back up of
waste water from the underground sewer line. Mr. Paschal believed
this condition is a result of excavation of the four lane shoulders
in the area of his home. Mayor Kreeger authorized Mr. J. E. David
to check out and resolve the problem August 19, 1969.
A letter was read in Council from the Cobb County Board of Edu-
cation requesting that the King Springs Elementary School property
be annexed into the corporate limits of the City of Smyrna, and
aldo a thirty acre tract adjacent to the school property reserved
for the construction of a Jr. High School. The request for
incorporation as initiated by board member R. J. McCurry. On
motion by B. F. w. Stewart, seconded by Homer Kuhl, the above mentioned
properties, approximately 43 acres, was annexed into the corporate
limits of the City and within the boundaries of Ward,#7. The Cobb
County Board of Education agrees to abide by all City ordinances,
codes and regulations and to pay for all City of Smyrna services
as rendered. The motion.was voted unanimously.
It was brought out in Council per Item No. 3 of the meeting Agenda
that a mobile home had been located on the Bernard,Ja£fe apartment
project site on Smyrna -Powder Springs Road. Nathan Metzger,
manager, claimed the mobile home was by reason of thefts, vanda-
lism and fires, moved on the premises for a watchman during the
period of construction. It was also brought out in Council that
the mobile home was also used as living quarters and that no permit
had been issued or requested. Commenting on this, Councilman C.
W. Armour recommended that the following become part of the final-
ized minutest; (1) Inform the owner of violation of City ordinance,
(2) Permission to move mobile home to the construction site,whether
said permission was expressed or implied, is hereby recinded, (3)
Owner of the premises to be present September 8, 1969 Council
233
(Continuation of August 18, 1969 Meeting)
meeting with request for permit to use mobile home for night
watchman activities only, (4) Failure to comply means immediate
removal of mobile home. The above per motion of C. W. Armour
was seconded by C. 0. Canada and voted unanimously.
Item 4 of the Agenda referred to a mobile home moved into the
City of Smyrna and located on the premises of Mrs. Evelyn Harris
on Church Street. Mayor G. W. Kreeger called out the provisions
of the City ordinance regarding mobile homes, and further in
violation of said ordinance, ordered the mobile home to be
moved. All Councilmen in agreement.
Commercial building permits were brought before Council and on
building inspector C. M. Hamby's recommendation were approved as
follows:
1. One neon sign to be erected by Sullivan Neon Display Company
for J. C. Penny Store, Belmont Shopping Center. Approved on
motion J. C. Porterfield, seconded by C. 0. Canada. .
2. One sign for Arrow Paving Company located in the Scoggins
Real Estate Office, Atlanta Street. Motion J. C. Porterfield,
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seconded by C. W. Armour.
21J
3. Fish 'n Chips Drive -In on Cherokee Road. One sign front of
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building 5 feet by 22 feet. Permit approved on motion Homer Kuhl,
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seconded by J. B. Ables, with a provision that the set back of the
110 square foot sign be in accordance with the ordinance as pertains
to bill boards. The motion carried five to one, J. C. Porterfield
voting against the motion.
4. Addition to the building of the Gordy Tire Company on Cherokee
Road, for enclosing the service department during inclement weather,
was requested by contractor Ray Lindsay. Mr. -Lindsay was informed
that the building permit would be issued with the provision that
the adjacent property owners did not object to the five foot change
in the front wall set back. The motion by C. W. Armour requests
that the above stipulation be in the form of a letter to Mr. C. M.
Hamby. Motion seconded by J. B. Ables and voted unanimously.
The Council opened three bids for police department radio equipment
to be installed in the New Police Station, said bids called out in
Council and referred to the police committee for check out to
specifications with final action in meeting of September 8, 1969.
The bids were as follows:
R. C. A. $6,544.95
General Electric 5,325.00
Motorola 6,992.60
The minutes of August 4, 1969 called out action regarding deterio-
ration of the property located at 1151 Medlin Street, formerly
ownedlby V. A. Davenport. The minutes referred to condemnation
and letter of August 8 mailed to present" owner John C. Carson
regarding this action. Mr. Carson's reply of August 15 was.read
in Council. On motion by Homer Kuhl, this -Council supports and
upholds the recommendation of building inspector C. M. Hamby
regarding condemnation and further the motion calls out removal
of the building on or before October 1, 1969. The motion as
stated was seconded by C. 0. Canada and voted unanimously. .
In connection with current road projects as a result of July 28
storm damage, City Engineer J. E. David reported repair work on
Spring Road nearing completion; surveys and corrective action
on Pinecrest Circle in work; and the area of Pinehill at.Lavista
the next project on the schedule for repair. Also, Mr. David was
authorized to secure estimates for the erection of a three foot
to four foot retaining wall along the back of the west right-of-
way of Ward Street. The Council agreed to lane.marking of the
two parking lots adjoining the City Hall and upon completion the
two-hour parking restriction shall be enforced.
(Continuation of August 18, 1969 Meeting)
Action on uniform speed limits and enforcement along New Spring
Road was discussed and delayed for final action to September
8, 1969.
Action on proposed East Side sewerage treatment plant was de-
layed pending meeting of the Cobb County Municipal Association
with the Cobb Commissioners in connection with sewage treatment
and unit costs.
'City Plumbing Inspector W. L. Westbrook submitted amendments
to the existing Plumbing Code with reference to Section.113,
Section 176, Section 232, and Section 188. Adoption of the
plumbing code amendments was per motion of Homer Kuhl with the
stipulation that copy of said amendments.be reproduced and
mailed to all plumbing contractors of record. Motion:seconded
by J. C. Porterfield and voted unanimous. MEMO: The second
amendment to the plumbing code called out the deletion of the
1/8" fall per foot (residential arid_..comc ercial,) to 1/411,fall
tper foot. This item deferred to September 8, 1969.
Applications, malt beverage permits, deferred.
Also deferred (9-8-69) a proposal to -eliminate on -street parking
on Bank Street.
C. W. Armour reported that the Concord Gardens Apartments -had
started correcting problems called out in prior -minutes and that
a wall separating the apartments from residential properties
was in progress.
The closing of fiscal year books created a delay of the July 1969
financial reports. Deferred to 9-8-69.
Councilman J. C..Porterfield set August 27 as the next safety
meeting to be held at City Hall.
Announcement by Councilman Homer Kuhl set September 6 and
September 13 for voter registration by the League cf14omen Voters.
Mayor Kreeger asked for any other comments or business to come
before the Council. There being no further business the meeting
adjourned at 8:30 P. M. The next Council meeting scheduled for
September 8, 1969 by reason September 1, 1969 is a legal holiday.
G. W. Kreeger, Mayor L. W. Charle City Clerk
e'� ' W ,
C. W. Armour, Councilman Wa 1,
Sanitation
0-4. it �6-t�-
R: H. Wood, Councilman Ward 3,
Streets & Maintenance
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C. 0. C nada, Councilman Ward 5,
Parks and Recreation
B; t wart, Councilman Ward 7,
Water
'WA
J B. Ables, Councilman Ward 2,
olice, Fire &.CD
Homer Kuh ,_C 9-e-14-61
ncilman Ward T
Finance and Administration
7. C. PorterJ field/ Councilman
and 6. Tre meet Plants, Garage