11-16-1964 Regular Mid-Montly Meeting74
November 16, 1964
The regular mid -month meeting of Mayor and Council was held
November 16, 1964 and called to order at 7:30 otclock p.m. Mayor
G. W. Kreeger presided and all council members were present.
No citizens appeared with reports to Council.
In the first order of business, the petition for rezoning
four parcels of improved property on Kennesaw Way came up for
hearing. There were no citizens present in support of the pro-
posed zoning (R-1 to C-1) covering lots 9, 10, 11 and 12, Block
0, Greenhill Subdivision. The report of the committee assigned
by the Mayor to investigate was negative. The committee
recommended restrictive type zoning and submission of definite
plans in the interest of preventing low type commercial areas.
R. J. McCurry motioned to deny the petitioners application for
rezoning without prejudice, second by C. M. Chapman and voted
unanimous.
The second petition came up for hearing covering the same
area, Kennesaw Way and Old Concord Road, lots No. 1, 13, 14, 15,
16, 18 and 19 per petition of record. The assigned committee
reported their objections to block type zoning requesting the
petitioners to resubmit showing restrictive type commercial
zoning with definite plans. Mr. J. R. Meadows appeared as spokes-
man for the petitioners. During discussion, R. J. McCurry motioned
the zoning petition (R-1 to C-1) on the above seven lots be denied
as of above date, seconded by J. C. Porterfield and voted unanimous.
The appeal to Mayor and Council regarding traffic court dis-
position case of J. G. Samples, Jr., 204 Stonecreek Road, came up
for hearing. Mr. Samples testified that he was exceeding the posted
speed limit on North Atlanta Street but was not traveling 75 m.p.h.
as charged. During the discussion, all facts presented, a motion
was heard to consider a lessor charge. Councilman J. C. Porterfield
motioned to table pending arrival, of City Attorney, G. C. Ingram.
At 9:10 p.m., City Attorney ruled that the minutes shall read the
defendant was exceeding the lawful speed limits within the corporate
limits in;violation of the City Ordinances and further the original
charge (75 m.p.h.) shall not be altered or corrected in the City
Police books of record and that the minutes shall be recorded to
show excess and unlawful speeding in the City limits. On J. B.
Ablest motion, seconded by Homer Kuhl, the City Attorneyts ruling
shall become part of the finalized minutes. The motion carried
five to two, R. J. McCurry and D. L. Mixon voting against the
motion.
The petition of J. D. Torbert for a malt beverage pouring license
was denied on a vote of six to one. The location was called out as
the Sherwin-Williams Paint Store in the Belmont Hills Arcade. The
main restrictions for denial referred to State laws, high risk,
capital investment and children in the adjacent bowling alley.
Motion to deny by R. J. McCurry, seconded by Homer Kuhl, opposing
the motion D. L. Mixon.
A letter was read in Council addressed to Royal McBee, Inc.
calling out an error in shipping printed water bills to the City
Hall in absence of a purchase order and acknowledgement of same
from the local office. The local representative, Ben Hebert,
appeared in Council admitting an error and pleading that non-
acceptance of the supplies received would be charged against his
account.
The City Hall submitted bids requested and received from a
local printer at $6.40 per thousand, the high bid, Royal McBee
of $7.39 per thousand plus freight from Athens, Ohio. Councilmen
voted unanimously on Homer Kuhl's motion, seconded by R. J. McCurry,
as follows:
Accept the shipment from Royal McBee, Inc., reimbursement for
same shall be at $6.40 per thousand, less freight charges.
75
(Continuation of November 16, 1964 Meeting)
Application for a building permit was submitted by J. W.
Kelley covering 38 buildings, 188 apartment units, by the King -
Williams Land Company, total estimated cost of project, Ward ,
Street and Cherokee Street, $1,080.000 excluding pools and play
grounds. On the recommendation of the building inspector,,R.J.
McCurry motioned the permit be issued subject to check out.of
specifications, plans, and all City codes, regulations and
ordinances. Motion carried.
Building Inspector J. W. Kelley recommended individual plot
plans on four plots known as lot 8 and 8-A, 9 and 10 on Trailwood
Drive; plans to call out all.specifications and drainage on each
lot. Motion J. C. Porterfield, seconded Homer Kuhl, unanimous.
Council approved on R. J. McCurryls motion to waive square
footage land requirements on a residential lot sold by J. J.
Cook on Wills Street to Mrs. Bolling, seconded by R. H. Wood and
voted unanimous.
Councilman Homer Kuhl. read in Council revised schedule of
bonds to be posted in connection with local and state traffic .
offences. Council approved the revised schedule, motion by Homer
Kuhl, second by R. J.,McCurry, motion carried six to one. J. C.
Porterfield abstaining.
Bids received and opened in council covering police uniforms
were referred by Mayor G. W. Kreeger to the police committee for
check out, comparison and tabulations.
The question relating to entrance to apartment project on the
east side of Ward Street was brought up for discussion,. The question
before council hinged on a quit claim deed covering a ten foot strip
of land dedicated as additional right-of-way by Mr. William Ward,
Jr. to the City of Smyrna. Mr. Bennie Auerbach requested quit claim
deed from the City for above mentioned entrance. Council referred
all action on above to be worked out by G. C. Ingram and Mr. Auerbach.
A letter prepared by G. C. Ingram and dated November 17 is
recorded in the above dated minutes resolving the entrance right-
of-way problem as follows:
November 17, 1964
Mr. Bennie Auerbach
c/o Lawyers Title Insurance Corporation
Title Building
Atlanta, Georgia
Dear Sir:
We are advised that some confusion has arisen concerning
the right-of-way of Ward Road in the City of Smyrna at
the point where your property joins Ward Road. The plat
of survey made for you by Steed and Associates, Inc. of
Hapeville, Georgia, showing your property in Land Lots
418 and 447, 17th District, 2nd Section, Cobb County,
in the City of Smyrna indicates a ten foot strip of
land lying between the West line of your property and
the East right-of-way of. Ward Road.
We do not consider this to be correct because this ten
foot strip has heretofore been deeded to the City of
Smyrna for the purpose of expanding the width of Ward
Road, and it is considered by the City of Smyrna to be
part of Ward Road at the present time, even though',,t
has not yet been paved by the City.
You have the permission of the City of Smyrna to cross
76
(Continuation of November 16, -1964 Meeting)
this strip for access to your property and it is hoped
that Ward Road can be improved to the full extent of
this right -of. -way within the near future.
Yours very truly,
C I TY OF SMYRNA
/s/ L. W. Charles
L. W. Charles
.City Clerk
LWC : c b
Chairman of water committee, R. J. McCurry announced his committee would
coordinate with Cobb Water Authority regarding submission of plans, tie-ins and
other recommendations by Hensley and Schmidt. Date of meeting, 12-1-64 at
3 :00 p.m.
Council deferred action on Mr. William Blount's request pertaining to
rezoning of six improved lots on Cobb Lane. The council agreed zoning require-
ments in the area shall consist of high type C-1 restrictive business and
requested (prior to advertising) definite plans for the land usage.
Council set fees, on R.J. McCurry's motion, covering coin operated laundry
equipment in apartment projects Q $5.00 per machine or device per year and
50% of annual fee applicable to 1964. Motion carried unanimous on J. C.
Porterfield's second.
Committee on safety patrols and traffic study set November 19, 1964,
6:30 p.m., to review applications, and prepare recommendations in Council.
At 7:00 p.m..,,same date committee on ward re -alignment agreet3 to meet.
Restrictive policy on burning grass and leaves on paved streets in the
City was discussed and referred to Chief of Police for follow-up. -
Acceptance of partial payment on City taxes was discouraged by full
council. The question was raised by a local attorney concerning sales of
undeveloped lots to builders in sub -divided areas. In some cases builders
attempt to close sales on completion of improved lots and title clearance
is held in abeyance by reason that the parent company, corporation or
partnership signed for and returned taxes on the entire parcel. The solution
to this problem may result in separate returns on each undeveloped parcel
within a sub -division which the City thus far has not considered a firm
pattern to follow. The second solution applicable to the problem follows a
policy adhered to by reputable closing attorneys. This $tL*n entered in the
minutes for reference purposes and calls out the Georgia Land Company
(Campbellwood) as the offender and violator of procedure and legal ethics in
property closings.
On the judgment and recommended action by R. J. McCurry, the property
known as the B. F. Reed, Sr. residence (now Earl Reed) was denied use of the
property for boarding house purposes. Mr. Reed was requested to submit
petition from neighbors plus health and fire inspection reports:
October 5, 12th, and 19th minutes were approved as submitted on motion
Homer Kuhl, second C. M. Chapman.
In_ -final action per agenda, council comments on October 1964 and year-
to-date financial reports was favorable. Year-to-date expenditures, all
departments was $11,633.52 under four months operating budget of $175,412.20.
77
(Continuation of November 16, 1964 Meeting)
City Recorder, Mr. C. V. Reeves, on unanimous vote, was granted an
increase in monthly salary from $100.00 per month to $125.00 per month
effective November 1, 1964. Motion by R. J. McCurry, second by Horner Kuhl.
The structure moved from Cobb County to 504 Roswell Street and not
considered habitable per letter and minutes came up for legal action by
council. It was ordered on R. J. McCurry's motion, seconded by Horner Kuhl,
to'issue citation from Recorder's Court for violation of City ordinances
and/or maintaining nuisance, a fire menace to adjacent and occupied homes,
etc. The citation or bench warrant shall notify and direct the owner, Mr.
Billie E. Beaver, 111 Kirk Drive, Marietta, Georgia, to be and appear before
Mayor and Council, City of Bmyrna to answer to the charges on a date to be
set by the Mayor.
There being no further business, council voted to adjourn.
Adjourn 10:20 p.m., November 16, 1964.
Next meeting, December 71 1964, 7:30 p.m.
G. W. Kreeger., ay r ar y-Clerk
c ry, Council -man man, ar es, our/
ce an, Ward
Finance Administration anitation
W
oo , Councilman, Ward #3 omer u , ounce man, ar
Parks & Recreation Police, Fire & CD
Dance Mixon, Counc man, dar C. Porterfield, Counci man,
Water and #6 - Str s & Maintenance
C. 707hapman, ounc man -a - arge