Aug 3/11/17, 196449
AUGUST 3, 1904
A meeting of Mayoz and Council pursuant to Charter was held
August 3, 1964, 7x30 p.m. at City Hall. Mayor Kreeger presided
and all council members were present.
Attorney Raymond Burgess representing Georgia Land Company
requested extension of time relative to Campbellwood sign. Coun-
cil agreed to heat Mr. Burgess at the August 17th meeting.
Hearing was called on petition of Summit Development Co.
(Mr. Bemnie Auerbach) to rezone properties from R-Residential
to C-1 (Professional Offices) and R-2 Apartment Project (Restricted).
Six citizens appeared to discuss rezoning of Tract # 1 to C-1,
Professional offices, as no definite plan was presented for a
building.
A motion, R. J. McCurry second J. B. Ab1es to:
Deny rezoning R to C-1, Tract # 1
Grant rezoning R to R-2, Tract # 2
Motion lost 3 to 4. Voting for R. H. Wood, R. J. McCurry,
J. B. Ables; against B. A. Thomas, C. M. Chapman, J. C. Porter-
field, H. Kuhl.
R. W. Leonard appeared to represent petitioner requesting
rezoning of Sunset Avenue properties from R-1 to C-1, to which
no opposition appeared. Motion B. A. Thomas second H. Kuhl to
grant petition to rezone Sunset Avenue properties of W. W. Day,
W. L. Day, Velma Lucke and A. A. Rosser frcaa R-1 Residential
to C-1 Coc~mercial and voted unanimous.
Hearing was called to consider petition of Mr. Colene Reed
Guthrie to rezone Stephens Street property from R-1 to R-2
Residential (Restricted - Apartment Project). Approximately
eleven (11) area residents appeared to protest on Basis of
property devaluation, over crowding in schools, aggravate the
now existing traffic problem. Petitioner requested Council to
consider petition for rezoning on basis of the highs:t and best
use for said land plus fact apartments now erected adjacent to
the property.
Council on motion R. H. Wood second C. M. Chapmsn denied
petition of Mrs. Guthrie to rezone Stephens Street properties
from R-1 to R-2. Voted unanimous. Memos Mayor Kreeger referred.
condition of Stephens Street to J. C. Porterfield to investigate
and report.
Motion H. Kuhl second C. M. Chapman to set date of September
14, 1964, 7:30 p.m. for hearing petition of Charles A. Mueller
Companies to rezone property in L.L. No. 809, Spring Road from
R-1 to C-1 (Apartment project and neighborhood stores). Motion
carried.
!.~""
Council voted to annex Parker H. Norton (et. al) property
located on Reed and Cooper Lake Roads as follows:
BEGINNING at the north west corner of the intersection of Honey-
suckle Drive and Reed Road, thence running northwesterly 1,290
feet along the north side of Reed Road to its intersection with
the east side of North Cooper Lake Road; thence running in a
northeasterly direction along the east side of North Coopez Lake
50
(Continuation of August 3, 1964 Meeting)
Road 425 feet to an iron pin and corner; thence running
southeast 990.4 feet to an iron pin and corner; thence
running northwest 168.8 feet to an iron pin and corner;
thence running southwest 87 feet to an iron pin and corner;
thence running southeast 150 feet to an iron pin and corner
on the west side to Honeysuckle Drive; thence south along
the west side of Honeysuckle Drive 90 feet and to the point
of beginning.
Motion further states City zoning classification to be
that nearest the existing County classifications area
annexed to become part of Ward IV. Petitioner agrees to
abide by existing codes, regulations and ordinances and to
pay City of Smyrna regular taxes for the year 1965 on the
above described property or equivalent revenue applicable
thereto for City services rendered. Memo: Engineer J. E.
David was instructed to obtain bids for Reed Road Sewer
Line Extension, same to be opened at August 17, 1964 meeting.
Council approved following building permits subject
to check out and approval of plans by building inspector:
Gillooly Crop.- Unit # 1 (3 buildings ). Aps~rtments on
Corn Road. Motion R. J. McCurry second H. Kuhl voted 6
for, B. A. Thoaaas abstaining. '
H. L. McDaniell - Addition to Building on S. Atlanta St.
Motion C. M. Chapman second J. C. Porterfield, voted unan-
imous.
Southern Bell Telephone Co.- Additions to maintenance shop
buildings on Concord Road. Motion R. J. McCurry second J. C
Porterfield, voted unanimous.
Bids were opened on police car as follows:
Wade Ford (With Trade) $2,280.36
Lenox Dodge (Wirth Trade) 2,252.87
Kelley Motor Co.(With Trade) 2,099.93
A motion H. Kuhl second B. A. Thomas to accept low bid
of Kelley Motor Co. of $2,099.93 voted 6 to 1, J. C. Porter-
field opposed. Memo: This bid exceeds amount budgeted
by $250.00. Police Committee Chairman H. Kuhl stated ad-
justment would be made to offset this item difference.
J. C. Porterfield recommended City acknoeledge County
assistance on grading Ward Street extension. Council agreed,
Mr. Porterfield to handle. Mr. Porterfield reported C. W.
Matthews was scheduled to begin paving Concoacd Road current
week.
Engineer J. E. David was asked to follow-through on (1)
Clean up, North Cooper Lake Rd. Sewer Line construction by
J. E. Lovern; (2) Contact Georgia Power Co. on street light
requests in new areas.
Council approved relocation of sewerage trunk line on
properties of Glendale Enterprises and/or Hodges Realty Co.
with exchange of easement of record for easement as outlined
per plat submuitted; cost of relocation of such sewerage trunk
line and manhol~ts involved to be borne by property owner.
This agreement includes sewer line and manhole located at
southeast corner of property. Motion R. J. McCurry second
J. C. Porterfield and voted unanimous.
51
(Continuation of August 3, 1964 Meeting)
Engineer P. J. Sutton reported as follows on other projects:
(a) Roswell St. sewez line cost estimate - Not Complete.
(b) Birch St. sewer line cost estimate revision $7,590.00.
(c) Atlanta to Ward Street (proposed paving) $20,000.00
Discussion of item (c) indicated further study necessary.. Re-
ferred to J. C. Porterfield to contact County regarding assistance
on grading; P1. J. Sutton to revise and get fixed cost on pro-
posed paving project.
R. J. McCurry reported good attendance at Safety Committee
meetings by department;~heads has resulted in reduction in number
of on-the-job accidents.
Council set date for hearing appeal of E. R. Brooks, Lake
Court, from traffic court decision at August 17, 1964, 7:30 p.m,.
C. M. Chapman reported call from Belmont Hills School
Principal, Murphy Batchelor, on condition of foot bridge across
branch; item referred to J. C. Porterfield to follow and report
8-17-64.
Council authorised J. E. David, in conjunction with property
owner, to take necessary action to correct drainage problem at
Mr. W. C. Griggs residence on Campbell Road.
Council called out September 14, 1964, 7:30 p.m, as date
for first meeting in September, Labor Day falling on 1st Monday.
Motion to adjourn, voted unanimous.
Meeting adjourned 10:45 p.m. Next meeting scheduled August
17, 1964, 7:30 p.m. at City Hall.
AUGUST 11, 1964
A special meeting of Mayor and Council was held at City
Hall Smyrna, Georgia, pursuant to the charter on August 11, 1964
at 7:30 p.m. Mayor G. W. Kreeger presided and all members of
Council were present. Also present, Mr. Bennie Auerbach and E.
E. Cannon of the Summit Development Company.
This special meeting per letter of August 7, 1964 was called
by the Mayor for the purpose of discussing and reconsidering action
of August 3, 1964 whereby the reaoning of the following described
property was denied on a vote of 4 to 3.
All that tract or parcel of land lying and being in the
City of Smyrna and L. L. 418 and 447 more particularly described
!~"~' in the coning ads as tract #1 and tract #2 and fronting on the.
South side of Cherokee Road right-of-way::'fx~om the Shell Service
Station to the Southeast corner of the intersection of Cherokee
Road and Ward Street.
Tract #1 was advertised and a hearing date set to rezone
4.50 acres more or less from R-Residential to C-1 Commercial area
(Professional Offices.) Traci #2 was advertised and hearing
date set to rezone 4.75 acres more or less from R-Residential to
R-2 Residential (Restricted Apartment Project.)
52
(Continuation of August 11, 1964 Meeting)
During the one half hour discussion between Mayor and Council
and Mr. Auerbach, it was brought out to consider the best
zoning for the property, and further that a 1.5 million
dollar construction loan from the Mutual Benefit'Insurance
Company hinged on acceptance of the revised plat covering
the apartment project. Council J. B. Ables made the following
motion:
We rescind the action of Council dated August 3, 1964
which denied on a 4 to 3 vote the rezoning of tract #2
from R-Residential to R-2 Residential (Apartment Project
Restricted} per the petition of Summit Development Company.
And further motioned that (1) this body rezone the pro-
perty per plat submitted and referred to in the minutes
and newspaper ads as tract #2 from R-Residential to R-2
Residential (Apartment Project Restricted) (2) That a 50'
set back shall be established from the South. right-of-way
of Cherokee Road to the building line. (3) That the above
coning is hereby subject to an agreement signed by the owner
restricting the lend referred to as tract #1 (420' on South
right-of-way of Cherokee Road to intersection of Ward) to a
professional type structure with covenants calling out the
usage of said land and structure at the time a zoning hearing
is requested. (4) That the ruling by the City Attorney per-
taining to the Re=trictive Covenants shall be binding, and
further should an adverse ruling result, then all the above
action is hereby null and void. Motion was seconded by
R. J. McCurry.
A motion by B. A. Thomas to table, lost on a 4 to 3 vote.
On the main motion the vote carried 4 to 3. The motion won.
Voting for, J. B. Ables, R. J. McGarry, R. H. Wood and H.
Kuhl. Voting against, B. A. Thomas, C. M. Chapman and J. C.
Porterfield.
There being no other business, Mayor Kreeger adjourned
the meeting at 8:30 p.m. Next meeting scheduled for August 17,
1964, at 7:30 p.m.
AUGUST 17, 1964
A regular meeting of Mayor and Council was held at City
Hall and called to order by Mayor George W. Kreeger at 7:30
o'clock p.m., above date. The Mayor presided with ail Council-
men present except B. A. Thomas.
In the lst order of business council heard the appeal of
Mr. E. R. Brooks relative to his opposition to the court dis-
position on traffic violation docketed July 21, 1964. Council
agreed unanimously on the Mayor's recommendation and reversed
the charges. Case dismissed.
The Council on motion H. Kuhl second J. C. Porterfield,
set the hearing date for September 14, 1964, for the rezoning
petition of Jere M. Mills, Georgia Land Company, covering a
parcel of land referred to in the minutes as the Southwest
entrance to Czeatwood Subdivision.
(Continuation of August 17, 1964 Meeting)
53
On complaint, Mr. W. H. Norseworthy, regarding high water
bill J. B. Ables recommended adjustment to average monthly usage
pending inspection and report by Water Department.
Councilman J. C. Porterfield was requested to secure State
Highway Study for requested traffic signal on South Atlanta
Street at Crestwood Trail intersection. Also, arrection of speed
limit signs in Crestwood Subdivision from Ridge Road to South
Atlanta Street.
Mr. Jack Hester, Chairman of the Smyrna Jay Cee's Health
Clinic Project, addressed the Ma~ror and Council with zeferance
to plans to construct a building on land to be dedicated by the
City in the area of the Teen Canteen building on Church Street.
During discussion Mayor G. W. Kreeger recommended and referred
this project to Mr. R. H. Wood, Chaizman of the Parks Co~nnnittee
to work with Mr. Hester. The Council voted 5 to i in favor of
the reccxomendation. R. J. McGtiirry opposed.
Cobb County School Superintendent, Jasper M. Griffin,
referred to Council the urgency of curbs,.gu#tars, and sidewalks
to the new Nash Junior High School on Ward Street, City of
Smyrna. After discussion the Council agreed to install 5 foot
sidewalks frown Powder Springs to a point, per plat submitted,
e:timated cost $2500.00. Mr. Griffin agreed, pending the approval
of the School Board, or others, to install curb and gutters es-
timated at $3500.00. Above action on motion R. J. McCurry second
H. Kuhl and voted unanimous.
The full Council was in agreement to hold to current paving
~,,,, specifications, This action resulted from request of local
builders and paving contractors to waive current paving specifi-
cations by reason of increased cost per lineal foot.
Council agreed to waive cost of curb and gutter (George
Perryman, 561 Concord Road) in lieu of dedication by warranty
deed, 3 feat of frontage by 103 lineal feat to the City of Smyrna .
The vote was unanimous on motion H. Kuhl, second J. C. Porter-
field. Memo: Final action on the above withheld pending re-
ceipt, signature, recording of warranty, and quitclaim dead from
City Attorney G. C. Ingram.
Councilman J. C. Porterfield excused.
On R. H. Wood's motion second H. Kuhl, Council granted
permission for use of Ward and Cobb Parks for the Physical
Education Program of the Nash Junior High School. It was
further agreed that a schedule of activities shall be submitted
to the Parks Coaamittee Chairman.
The petition of D. R. Guthrie, to rezone property came
up for hearing. The parcel of land (a single lot with a house
~.., thereon) located at the northeast corner of Old Concozd Road
and Kennesaw Drive was on motion by H. Kuhl coned from R-1 to
C-1 Caaamezcial with stipulation to establish a buffer as per
ordinance. Motioned, seconded R. J. McCurry voted unanimous.
Property per current numbering system is known as 545 Kennesaw
Drive.
Tha following building permits were approved upon sub-
mission of plat:, and subject to cheek-out by the Building
Inspector: Addition of one Bay to the Gulf Oil Station on
South Cobb Drive and Brown Circle; a Professional Building
located east of 444 Cherokee Road (Dr. R. D. Webber residenda.)
On motion by R. J. McCurry, the above permits were authorized
for issuance.
54
(Continuation of August 17, 1964 Meeting)
Bids on the following projects were deferred to 9-3-64.
Sewerage Reed Road, Roswell Street and Atlanta to Ward
Street connector.
Revised plat and easment covering Sewer Line in L. L.
345 Glendale Enterprises, Inc., was referred to P. J. Sutton
and G. C. Ingram. Revision referred to a tract of land
purchased by M. D. Hodges (Winn-Dixie) in L.L. 345 erron-
iously submitted and recorded as L.L. 347 during May 1960.
It was reported in Council that application for advance
funds for preliminary plan preparation for City of Smyrna
sewer facilities had been approved (Project No. P-GA-3054.)
Housing and Home Finance Agency, Coaomunity Facilities Admin-
istration subsitted "Agreement for Public Works Plan Prepaz-
ation", three copies of Contract No. H-302-2393 to be signed,
if acceptable by appropriate City officials, and distributed.
Councilman J. B. Abler moved to accept, sign and distribute
contract agreements, on second by C. M. Chapman followed
by unanimous vote. Mayor George W. Kreeger signed for the
City, attested by L. W. Charles, Clerk and dated August 17,
1964. Memos Telegram from John W. Davis approving $5,000.00
advance was read in Council.
Minutes reproduced and distributed covering meetings of July
1st, 6th, 13th, and 20th, 1964, were adopted as submitted,
motion R. J. McCurry second by C. M. Chapman and voted unani-
mous. J. B. Abler by rea4on of absence in July, abstained.
On a motion by H. Kuhl, Council agreed to set September
3, 1964, 7230 p.m. for hearing the second zoning petition of
Summit Development Co. Discussion on this coning ~ to ~-2,
is called out in minutes of August 3rd and August 11th, 1964.
In discussion and on advice of City Attoraey, G. Conley
Ingram, the Council voted and requested the hearing be set
on date above mentioned. Motion seconded by C. M. Chapman.
This action does not bear or affect the parcel of land held
in abeyance pending agreement on restrictive covenants.
Federated Mutual Insurance proposal covering City of
Smyrna Workman's Compensation insurance .was read in Council
by R. J. McCurry. The proposal, $6,720.89 annual premium
was accepted by Council when it was reported that current
carrier (Hanover) could not meet this premium. Motion R.J.
McCurry second H. Kuhl voted unanimous. Memo: Check pay-
abste to above was drawn, signed and delivered August 19, 1964
which date was also the renewal date of prior coverage.
Demonstration of new sanitary equipment was announced
by J. B. Abler during week ending August 22, 1964. Their
being no further business Council voted to adjourn.
Adjourn - 10:00 p.m. Next meeting September 3, 1964,
7:30 p.m.
(Continuation of August 17, 1964 Meetfng)
55
~,
_,
G. W. Kreeger, Ma r L. W. Charle City Clerk
R. J. M zry, Councilma ,
Ward #1 - Finance and Admin-
istration
_,Q,
J Ables, Councilman, Ward
#2 - Sanitation
R. H. ood, Councilman, Ward
#3 - Parks & Recreation
B. A. Thomas, Councilman,
Ward #5 - Water Department
H. Kuhl, Councilman, Ward #4
Police, Fire & Civil Defence
,r
~ ~
. C. Ported ld, ouncilman
' and #6 - St sets & Maintenance
C. M. Chapman, Councilman- at-
Large