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02-20-1967 Scheduled MeetingM a FEBRUARY 20, 1967 J The scheduled meeting of Mayor and Council was held at City Hall February 20, 1967 and called to order at 7:30 o'clock P. M. Mayor G. W. Kreeger presided. All Council Members present except Dan L. Mixon. L. W. Charles, City Clerk, absent due to Clerks' meeting in Athens. All Department Heads, Building Inspector, City Attorney and Consultant Engineer present. No citizens were present to bring problems before Council. In the first order of business, zoning from R-1 to R-2 Apartments, restricted, on Stephens Street came up for hearing. Mr. B. F. Young, representing Dornbush and Ripley & Company, submitted copes of proposed plats showing lay -out of buildings and access to apart- ments. Mr. Young stated 136 units were proposed on the 8-.6 acres. Stephens Street would be paved, curbed, sewer lines installed, proper drainage, and there would be a 75' buffer from the back of the apartments to property lines and approximately 45' on the west end between property lines. Fencing of'the apartment project was discussed.. Approximately 15 citizens were present in opposition, including J. H. Cash, 601 Stephens, William Cleveland, 596 Stephens Street, J. M. Roberts, Flagler Circle, who opposed the apartments due to drainage problems, overcrowded schools and children walking to school on Stephens. After further discussion, J. B. Ables motioned that we rezone from present Rrl zoning to R-2 Apartments, restricted, with the stipulation that the developer keep his agreement to erect a cyclone type fence at the back and west end of the property, that the natural wooded buffer of 75' be left in the rear and approximately 40' at the west end of the property; also,,cost of paving, curb, gutter and proper drainage would be borne by the developer. Motion seconded by Homer Kuhl. The vote was three for the motion: J. B. Ables, Homer Kuhl, C. W. Armour, and three against the motion: R. H. Wood, B. F. Stewart and J. C. Porterfield. Mayor Kreeger cast the deciding vote for the rezoning. Mr. Norman Rhodes came before Council with the request that the Rhodes property on Church Street be zoned from R-1 Residential to District T' rather than C-1 Commercial as halo been advertised. City Attorney, Berl T. Tate, stated this was in order since it was a higher type zoning. On motion by J. C. Porterfield, second J. B. Ables, the Rhodes property on Church Street was zoned from R-1 Residential to District "C" local commercial and the vote was unanimous. A petition for church zoning on Bank Street at Sanford for the Ponder Baptist Church of Atlanta was next on the Agenda. The property was described as being 390' x 184' x 4011 x 153'. On motion by Homer. Kuhl, seconded by C. W. Armour, March 20, 1967 was set for the hearing date. Building Inspector, C. M. Hamby submitted plans for Akin and Flanders. Inc. for an Ice Cream Shop in the Belmont Arcade. The, proposed shop 18' wide by 74' deep. On the recommendation of the building in- spector, C. W. Armour motioned the building permit be approved. The motion was seconded by B. F. Stewart and voted unanimous. Mr. Oliver Wright was questioned regarding proposed driveways across City property at the Stop N' Go building site on Spring Road. Plans were withdrawn. City Engineer J. E. David stated he had contacted Mr. Jimmy Lovern and Mr. Joe Arnold regarding the drainage problem in the vicinity of Carolyn Drive and Spring Road. A report will be made as soon as he has heard from these two citizens. Mr. Homer Kuhl and -Mr. Philip Sutton submitted proposals in regard to traffic congestion in the area from Reeves Garden Shop on So. Cobb Drive to Benson Pool Road. One proposal was a new signal light at Glendale place synchronized with lights mtt? Powder Springs and Cherokee Road, estimated cost $9.600. The second proposal would I-r 7 (Continuation of. February 20, 1967 Meeting:) provide for left turn lanes along So. Cobb from end of present widening near Reeves Garden Shop to 300 feet south to Powder Springs with overhead lane control signs, estimated cost $6,000. On motion by Homer Kuhl, seconded by J. C. Porterfield, Mr. Sutton was asked to get,separate bids on the two proposals submitted. The vote was unanimous. Councilman Homer Kuhl motioned that NO LEFT TURN signs installed at Sandy's Drive -In be left as is. Motion seconded by B. F. Stewart and voted unanimous. Councilman J. B. Ables stated information he had received from the county on the renumbering system was that data will not be completed until April 1. Mr. Ables also stated that in talking with Mr. Larry Defee, he had suggested that aerial photographs used along with information received .from the county would be a much more accurate record. Mr. Defee to analyze the system's present status, make surveys and study and present to the Council at next meeting with no obligation to the City. d� The drainage problem at Belmont Hills School was brought before. M Council. The estimated cost for correction. previously reported W U was $1600. In discussion, it was suggested that Mr. Roebuck, U the County Board ofEducation, and the City share the cost. J. E. David is to make lay -out design and give cost estimate which will be submitted to Mr. Holliday at the Bank of Smyrna. An agreement to be drawn up after talking with Mr. Holliday. C. W. Armour read the amendment to the Electrovision, Inc. Ordi- nance in reference to performance bond and on his motion. seconded by B. F. Stewart, it was adopted as read. The vote was unanimous. Mayor G. W. Kreeger stated he had letters from Rev. Chambless and Rev. Scarborough regarding the proposed hours of operation at Zayre's Department Store. City Attorney, Berl T. Tate, stated the state statutes prohibit businesses, except those of necessity from opening on Sunday; that the City's business license ordinance provides for revocation of license for those violating a state law; also., that the county can enjoin the firm from operating on Sundays. J. B. Ables' motion authorizes City Attorney to notify Zayre's of City's opposition on not closing on Sunday except for items of necessity, listing ordinances, laws, etc. Motion seconded by Homer Kuhl and voted unanimous. The Fire Chief. and Sanitation Supervisor are to check out "clean- up" Roswell-Crumbley area and report next meeting. Financial reports for January and seven months to date were dis- tributed and Finance Chairman J. B. Ables asked that each department try to over come deficit. On motion by.J. J. B,.Ables! seconded by J. C. Porterfield, an appropriation. (,as V transfer) from the General Fund in the amount of $12.000 to the Extension and Construction Fund was approved unanimously. This amount required to reimburse contractor for extension of sewer facility, East Spring Road to Bethel Church. March 6, 1967 was the date set for the hearing of appeal from Recorder's Court of Mrs. Inez D. Livingston. Motion by Homer Kuhl, seconded by R. H. Wood, and voted unanimous. Payment of annual dues in the amount•of $250.00 to the Cobb County Chamber of Commerce was approved on motion J. B. Ables, seconded C. W. Armour, and voted unanimous. A letter was read in Council from Police Chi.ef Robert L. Drake concerning a full scholarship to the Louisville Southern Police Academy for Officer Harry Black who did an outstanding job -in - the Atlanta Metropol Police School in Atlanta. Councilman Homer Kuhl motioned that the City authorize Officer Black to attend this school and continue his salary during his attendance March 20, through June 10, 1967. Motion seconded by J. B. Ables and �- the vote was unanimous. 48 - (Continuation of February 20, 1967 Meeting) Councilman J. C. Porterfield submitted to City Attorney information on amendment to comprehensive zoning ordinance applicable to R-2 Multiple Housing. Rough draft to be presented in Council at next meeting. City Attorney Berl T. Tate read a letter in Council from Cobb County Commissioner Ernest Barrett to Mayor G. W. Kreeger stating that taxes levied on fire districts annexed into municipalities will be subject to county tax until all indebtedness is paid. Copy of letter recorded as follows: February 16, 1967 Honorable G. W. Kreeger Mayor, City of Smyrna City Hall Smyrna, Georgia Dear Mayor Kreeger: In the regular meeting of the Cobb County Board of Com- missioners held on February 14, 1967, the following action was taken and is transmitted for ,your information: "ANNEXATION - FIRE DISTRICTS Upon motion duly made by Commissioner Ingram, seconded by Commissioner Brown, the Commission unanimously agreed to advise all municipalities and Cobb County Legislators that when any area which is in a Fire District having an outstanding debt for equipment and buildings as a result of the creation of the Fire District is annexed into a municipality, Cobb County will continue to levy taxes until the entire debt is retired." Sincerely, /s/ Ernest W. Barrett ERNEST W. BARRETT, Chairman Cobb County Board of Commissioners Motion made to adjourn 9:30 o'clock P. M. Next meeting March 6, 1967. c � G. W. Kreeger, Mayor L rc r es. C tty CIerk C. W. A m`our. Coo nc man ti ar Z`� bles,�ounc Im`an�3G'ard��I Sanitation F nance & Administration 0. U. 11) 00� I��1; H. Wood,__C_6u-nc man Ward 31 Homer Kuhl, Councilman Ward 4, Streets & Maintenance Police, Fire & C.D. D. L. Mixon, Clouncilman Ward �, — C. Port rfi d, Counci mean Water and 6, P ks & Recreation B. F. Stewr , Councilman Ward 7, Treatment Plants