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02-19-1968 Mid-Monthly Meeting13 FEBRUARY 19, 1968 The mid -month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, February19, 1968. The meeting was called to order at 7:30 P. M. by Mayor G. W. Kreeger, presiding. All members of the City Council were present including City Attorney and certain department heads. Attorney G. Robert Howard Presented plats and exhibits of proposed expansion of the Southern Bell Telephone building on Spring Street. The petition for zoning of the J. L. Edge -property adjacent to Southern Bell was advertised by petitioner to rezone from R-1 residential to C-1 commercial for expansion purposes exclusive for Southern Bell operations. It was further stated that no structure such as garage, service station, would be erected. No citizens appeared in opposition to the proposed zoning. The motion of Homer Kuhl authorized the rezoning of the property as advertised, R-1 to C-1 commercial. On second by J. C. Porterfield the motion was voted unanimous. The discussion (see 2-5-68 Minutes) regarding disposal of dead animals placed in plastic containers for pick up by the City of Smyrna sanitation department came before the Mayor and Council for solution. Councilman C. W. Armour reported on his contacts 2f� regarding handling and disposal of dead animals by other cities, the number of deceased animals transported by City garbage trucks, and the estimated cost of transporting by the City street depart- ment at $30.00 per week. The consensus was that we do not use City garbage trucks hereafter and further that the existing ordi- nance shall stand as is. Motion by C. W. Armour authorizes that the City sanitation ordinance shall not be amended and that -as of above date the sanitation department is'hereby ordered to perform no special services for City based veterinarians. Motion seconded by B. F. Stewart and.voted unanimous. Mr. C. M. Hamby, building inspector, called out three applications for -erection of signs and recommended to the Council his approval: 1. Atlas Neon Sign Company for one sign on structure known as Franksville. Issuance of permit approved per motion R. H. Wood, seconded by B. F. Stewart. 2. Atlas Neon Sign Company for one sign at Belmont Shopping Center on the business known as "Shoe Town". Permit issued on'motion J. C. Porterfk ld, seconded by C. W. Armour, voted unanimous. 3. Levin Sign Company for the Standard Oil Service Station on South Cobb Drive, approved per motion B. F. Stewart,,seconded by C. 0. Canada, and voted unanimous. 4. The remodeling of the.structure:on the southwest corner of Cherokee Road at the intersection of Burbank for a.business known as "Old South Barbeque" was withheld pending rezoning from District "C" to C-1 commercial, restricted, and the issuance of land use permit upon submission,of application and authorized adaertising. Deferred to 3-4-68. The request to close Lusk Drive at the LL line (see previous minutes) was resolved by .City Attorney Berl T. Tate on*his state- ment that Lusk -Drive was dedicated for public use.by.Cobb County prior to absorption into the City corporate limits. Mr. Harry I. McArthur, petitioner, was advised by the Council to handle the proposed closing with the county commissioners by reason of the above stated dedication. The City of Smyrna will accept.the county action referring to quit claim deed or other legal document in connection with closing Lusk Drive at the dividing line of LL 413 and 414. A letter to Mayor and Council called out a sanitary sewer overflow in the area of an easement at 922 Magnolia Drive. The problem per J. E. David has been resolved by the installation of 36 feet of new sewerage lines increasing the gravity flow which apparently was the result of prior complaints. 124 (Continuation of February •19, 1968 Meeting) Per Councilman J. C. Porterfield, the island located at the north exit from Sandy's Drive -In would be.corrected per City requirements as stated in prior minutes. Completion of the Smyrna House Bill covering seven parcels of annexed properties was reported by Mr. Berl T. Tate, attorney, and submitted to Cobb County representatives for approval in the General Assembly. The Council requested that Parcel No. 8 be added to the House Bill which includes the Anderson, Gunter and Carroll properties located in the northeast section covering 113 acres in land lots 807, 898, and 848. City Attorney ,Berl T. Tate reported the proposed ordinance covering 1969 tax returns by mail as in work and a rough draft of the proposed ordinance to be presented at t1te March 4, 1968 meeting. Mayor G. W. Kreeger referred to the Finance Committee the business license fee applicable to Sears, Roebuck Liquidation Store to be opened*2-28-68 in the premises formerly occupied by Myers -Dickson Furniture Store. The minutes covering January 8 and January 22, 1968 council meetings were approved on motion by C. W. Armour as corrected and amended. Motion seconded by B. F. Stewart and voted unanimous. City of Smyrna financial reports, month of January 1968.and seven months cumulative, were -distributed in Council and discussed around the table mostly concerning several departments operating in excess of budgetary control. Mr. Joe H. Anderson of Atlanta.Properties, Inc. submitted to Mayor G. W. Kreeger exhibits concerning annexation into the corporate limits properties comprising.113 acres to'be developed for.luxury type apartments, also exhibits covering rezoning of two parcels of the land previously zoned by Cobb County and the City of Smyrna. Item No. 1. Motion by Homer Kuhl to annex the properties as per plats of record into the corporate limits of the City of Smyrna per petition submitted is hereby allowed as provided by laws and ordinances. Said petitioner or petitioners hereby agree to abide by City of Smyrna codes -and regulations and to pay the regular taxes to the City of Smyrna -as they become. due. Motion. seconded by C. 0. Canada and voted unanimous. Item No.. 2., The .Council set March 18; 1968. for the advertised hearing to rezone two parcel's of land. The first parcel adjacent to Highway 41 at the intersection of Hargrove Drive to be rezoned from M-1 light industrial, -Cobb County, to R-2, multiple family dwellings, City of :Smyrna. Parcel No.' 2 in LL 777 and 778, a strip of land 264' by 26131, lying and being in the corporate limits of Smyrna and zoned R-2 duplex dwellings to be rezoned R-2 multiple family dwellings. The scheduled hearing per motion of C. W. Armour, seconded by B. F.• Stewart, and voted unanimous. Item 18 of the Agenda called out collection problems on delinquent water bills, commercial and apartments. Chairman of the water committee B.-F. Stewart commented on Cherokee Gardens and Concord Gardens Apartments and recommended that Smyrna Springs Apartments delinquent water bill in the amount of $2,188 shall be ,paid in full within five days from date of certified letter demanding payment. Delinquent 1967 taxes were reported by City Hall in the amount of $24,182, seventy-one percent representing commercial.and/or apartment projects. The Council requested the Mayor and City Clerk to sign and record Fi Fa's on all delinquent 1967 taxes on or before 2-23-68. ' i r r (Continuation of February 19, 1'968 Meeting) 125 A report submitted in Council on business license fees for 1968 as of this date, 2-19-68, showed 570 business licenses sold with collections in the amount of $42,690. During the twelve months ending December 31, 1967, 740 licenses were prepared and dis- tributed with a.revenue of $50,388. A Purchase Order was issued in connection with new type street' name signs in excess of $1,000 covering eighteen street inter- sections, all in compliance with Georgia State Uniform Traffic Manual. , The malt beverage license committee found the application of C. L. Watson (Tenneco Food -Store, 902 Cherokee Road) within -the bounds of the existing Malt Beverage Ordinance and recommended issuance of retail malt beverage package store license, on motion by C. W. Armour, seconded by C. 0. Canada. Prior to calling for the vote, Councilman J. C. Porterfield speaking against the motion, referred to statements made by Mr. Hofford of the Tenneco Realty Department at the time rezoning'of the property was heard, that'the company was only interested in the LI) rezoning for a food store and gasoline island and notinterested in malt beverage retail sales. Mayor Kreeger stated that applications that complied with requirements of the malt beverage W ordinance should be issued or amendments to the existing ordinance should be considered. The'vote on the motion was two for issuance U of the license and five against. For the motion C. W. Armour, C. 0. Canada. Voting against, J. C. Porterfield, Homer Kuhl, J. B. A61es, B. F. Stewart and R. H. Wood. The following items came up around the table upon completion of the Agenda: ' 1. A non -buildable lot at the intersection of Spring Road and Dundee Drive was by quit claim deed absorbed by the City of Smyrna and subsequently leased to the Highlands Garden Club. The lease covering a ten year period was dated in 1961. City Attorney Berl T. Tate to determine contents of the lease with determination as to whether the Council can declare the parcel of land surplus and no longer needed by the City and therefore salable to the best bidder. 2. On J. C. Porterfield's motion, employee of the treatment plants, Danny Hester, was upgraded from Grade 9 to Grade 10 at $i60 per month effective this date. Motion seconded by B. F. Stewart, motion carried. 3. A rough draft form covering engineering assignments, con- sultant basis, for the purpose of reporting on engineering contracts was released for printing per request of C. W. Armour. 4. In final action, per motion by Homer Kuhl, the Council set the date for public hearing on Concord, Dell and Ridgecrest zoning for March 18, 1968. Motion seconded by C. 0. Canada and voted unanimous. The petitioner, Robert Fowler, requested ..zoning from R-1 to District "C" zoning. There being no further business, the Council on motion adjourned at 8:30 Pr M. The next meeting to be held March 4, 1968, 7:30 P. M. 12 (3 (Continuation `of February 19, 1968 Meeting) G. W. Kreeger, Mayor L. W. Charles, City Clerk C. W. Armour, Councilman Ward 1, J . Ables, Counci man Ward 2, Sanitation Police, Fire & C. D. of H. Wood; Councilman Ward 3, Homer Kuhl, C uncilman War , Streets & Maintenance Finance & Administration u, v. uanaaa, u ncitman wars o, . U. rortert ta, uouncilman Parks & Recreatio and 6,'Trea ent Plants B. F. to Water f ara i ,