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05-06-1968 Regular Meeting139 MAY 61 1968 A regular meeting pursuant to the Charter was held and called to order at. 7:30 o'clock P. M. at City Hall, Smyrna, Georgia, May 6, 1968. Mayor G. W.-Kreeger presided and all Council Members were present. Department Heads, City Attorney., City Clerk, Consultant Engineers and the press were also present., In the first order of business, Mr. Allen Thompson and Mr. Bronzine of the Atlanta Journal -Constitution presented a proposal covering a special four color section in the May 19 issue of their paper under the title "Come to Cobb With Confidence". In discussion of the special issue and -the' cost_ thereof, -Councilman C.- 0. Canada motioned the City of Smyrna shall participate in a one-half page ad at $750.006 Motion seconded by J. C. Porterfield and.voted unanimous. Mayor G. W. Kreeger appointed the committee of C. W. Armour, chairman,, C. 0. Canada, Homer Kuhl, and himself to meet with Mr. Thompson and -Mr. Bronzine at 6:30 P. M., May 7, 1968, and also on May 10 tofinalize the one-half page.advertisement. An estimated eighty citizens appeared in Council from Ward #7, Bennett Woods, in connection with current tax assessments. Attorney Darrell Greene, spokesman for the.Ward 7 citizens, stated that he was presenting the case before the Council on a collective rather than on an `individual basis and claimed -that 148 parcels were U --checked of which 67 were increased in the 1968 Ad Valorem tax U assessment. He further claimed this pattern not being City-wide fell into,. the area of discrimination. In the half hour discussion that followed, Councilman B. F.•Stewart read the following motion: "I move that the same general method, that is, using the Cobb County tax cards as a basis, that was used in 1966 for assessing residential property taxes be used in 1968 and in future years until a co&plete re-evaluation of the City of Smyrna residential property is made on an equal basis." On the second to the motion.by-.J.,C. Porterfield, an amendment was added to exclude those homes where improvements and'addib.ons had been made. In discussion on the motion, the second, and the amendment, Council was of the opinion that a committee of Councilmen should meet with Attorney Green's committee at City Hall for•further discussions. Mayor Kreeger appointed a.committee composed of C. W. Armour,. chaiman,. members, J. B. Able&, Homer Kuhl, J. C. . Porterfield and D. S. Jackson, and set the date of the meeting on Friday at 7:00 P. M., May 10. The second to B. F. Stewart's motion was withdrawn and the motion died. Mayor G. W..Kreeger set May 17 at 7:30 P.. M. as a continued meeting, date to resolve any and .all action pertaining to the above. The scheduled hearing of the appeal from Recorder's Courtin the case of Frank L. Sorrows was per Mayor Kreeger's announcement withdrawn at the request of Mr. Sorrows. Attorney Jean E. Johnson, Sr. represented.Mr. J. A. Bradshaw -in the scheduled hearing of Mr. Bradshaw's appeal from Recorder's Court conviction on the violation of City of Smyrna animal ordi- nance.. Mr. Johnson stated that his client had no prior knowledge of the City's present ordinance regarding distance of stable and pasture from existing residential homes. City Attorney Berl T. Tate called out in.Council the 1959 animal ordinance and subsequent amendment. Motion by J. B. Ables that tle disposition of the Re- corder's Court be now and hereby reversed. Motion seconded by C. W. Armour. Motion carried six to one. C. 0. Canada voting against the reversal action. On the petition of J.. Dayton Page 'to rezone the north corner of Powder Springs at Grady from R-2 duplex to 4-2 apartments, four units, the Council set June 17, 1968 as the date for public hearing. On the petition submitted by Frank I. Stewart, Jr. to rezone from District "C" to C-1, Land Use Permit for sales office purposes, located at 861 Cherokee Trail, the Council set June 17, 1968 as the date for hearing. (Continuation of May 6, 1968 Meeting) No bpposition appeared regarding the published hearing to rezone No. 779 Kennesaw Way from R-1 to -C-1 commercial.-' J. C. Porterfield motioned the rezoning per,petitiuner's request R-1-to C-1 re- stricted,,office purposes, be approved. Mr. Ray McCay and his spokesman A.-C. Serkedakis did not object to the restriction as called out. Motion seconded by B. F. Stewart and voted six to one, Homer Kuhl opposed by reason of converting residential property for commercial purposes. MEMO: Petitioner agreed to remodel front of structure with a br cT facade. The petition being in order, Mrs. Maria Barrett was granted a permit to operate a one -chair beauty shop located at 2999 Highland Drive. On a motion by-C.-W. Armour, the granting of a residential permit was authorized with advice to the -applicant regarding compliance with certain restrict -ions, that -is,., no employees, no signs to be erected, and no on the street parking. Motion •seconded by B. F. Stewart and voted unanimous. Mr. J. E.Fortner spoke in Council regarding the opposition of a welding shop located in the addition to his warehouse on South Cobb Drive. Councilman C. 0. Canada mentioned the objections of citizens in the neighborhood regarding undue noise by reason of over time operations and use of air compressor at night. Mr. Brock, owner of Brock's Welding Shop, leases the premises and reported in Council -that he has moved to a new location. There was no action by Council on this complaint. MEMO: Business license for a welding.shop issued 1967 and rei uss ed 1968 at the prior address located east right-of-way South Cobb Drive at Dickson's Shopping Center. Building Permits The following commercial building permits were recorded and on the recommendation of building inspector C. M. Hamby, approved for issuance on unanimous vote except as noted: Petitioner and Location J.-Franklin Lee Highlands T. J. Sanders - Maxwell, So. Cobb Tate's Beauty Shop Cherokee Road Fraser Neon -Sign Old Concord Rd. Fraser Neon Sign Spring Street Crowder Sign 2199 Old Concord Ray,Lindsey 2175 Old Concord Genuine Parts Co. 2939 -Atlatta St. Type Motion Second 4' x8plywood J. B.• Able s B.• F. Stewart (temporary real estate sign) .Remodel house for barbeque. Remodel house according to first plan - Pole Type Sign Minit Laundry Real Estate Real Estate Advertising Church of Christ Tent Rental So. Cobb & Concord 5-13 thru 5-17 J. B. Ables • C:; 0. Canada J. B.-Ables B. F. Stewart Homer Kuhl, against .C. W. Armour C. 0. Canada B.F. Stewart C. O..Canada C.O. Canada R.H. Wood C.O.-Canada. J.C. PorterfUd B.F.-Stewart C.W. Armour C.O. Canada R.H. Wood The Council voted on C. W. Armour's motion to issue a building permit to Mr. Sam Theodocion for a commercial establishment located (Continuation of May 6, 1968 Meeting) on North Cooper Lake Road at the intersection of Concord Road, for a package store, said issuance hinged on a check out of the 200 feet distance to residential structures and further a buffer zone erected in compliance with existing ordinance. Second to the motion, J. C:' Porterfield, and voted six to one. B. F. Stewart voting against the motion. Mr. C. M. Hamby reported on .the old theatre building and Council deferred the item pending the approval of a plan of rework to the structure submitted by a" licensed construction engineer. A letter was read in Council stating that plans for the East Side project (Joe H. Anderson) called for a start up date of June 1, 1968, with anticipated 1800 units to be completed by 1973. In Council discussion, C. W. Armour moved and B. F. Stewart seconded the motion that we issue a work order to the consultant engineer regarding the sewerage study from Spring Road north into LL 848 as called out in previous meetings. The motion carried. Another motion by C. W. Armour, seconded by B. F. Stewart, stated LID that a work order shall be issued covering the roadway paving per City of Smyrna specifications. Voted unanimous. W U Two bids were received,covering police and fire uniforms from U Banner Uniform Company and John Mann's, Inc. The.Council,on J. C. Porterfield's motion referred the bids to the police and fire committee to check out and with full authority to proceed in the selection of the best bid and issuance of purchase order. Motion seconded by Homer Kuhl.and voted unanimous. Amendment to the May 1, 1967 malt beverage ordinance and the sub- sequent veto by Mayor G. W. Kreeger per prior minutes came up.for action. The Council upheld.the Mayor's veto. No vote was called. Mayor G. W. Kreeger appointed the following committee to study and/ or up date the May 1, 1967'malt.beverage ordinance: Homer Kuhl, C. W. Armour., C. 0. Canada. A parade permit was issued for the Little.Girls Softball Association on June 8, 1968. Motion by C. W. Armour, seconded by C. 0. Canada, and voted unanimous. The -minutes of April 1, 1968 were approved as submitted on motion by J. B. Ables, seconded by C. 0. Canada. The minutes_of April 15, 1968 were approved as submitted on°motion by C. W. Armour, second by J. C. Porterfield. Homer Kuhl abstained by reason of absence on.this date. > In connection with Senator Sam Hensley's Senate Bill #354, it was agreed in Council that the City of Smyrna participate in the Governmental Reorganization Study Commission of Cobb County to study the governments of Cobb County and the minicipalities lo- cated therein for the purpose of improving and providing greater efficiency and economy. This action on motion by Homer Kuhl, second_by.C. 0: Canada. In connection with the.above, J. B. Ables motioned that Gardner Potter shall be the appointee of the govern- ing authority of the City of Smyrna to represent said City on the Study Commission. The motion was seconded by Homer Kuhl and voted unanimous. J. B. Ables made the motion that one officer of the Smyrna Police Department be appointed as an instructor in the City of Smyrna traffic school and shall be reimbursed $10.00 for each meeting attended. The motion seconded by Homer Kuhl and voted unanimous. In final action, the Council: 1. Heard:the report that Concord Gardens Apartments was $1684 delinquent on water bill as of 4-25-68. It_was agreed not to write off,.but record as an open account, and further that unpaid water bills shall not accrue,in the future and that apartments shall be given a 48 hour notice prior_to cut off. 2. The Council discussed the report that effective May 1, 1968 garbage rate for use of the Cobb County land fill area would be increased by 500 per ton. 12 (Continuation of May 6, 1968 Meeting) 3. Requested bids on-the,purchase of gasoline, said bids to be opened May 20, 1968 on Hi Test gasoline.at,4,000 gallons .per month. Motion by J. C. Porterfield, second B. F. Stewart. 4. The -Council agreed on B. F. Stewart's motion to reimburse Mr. Gardner Potter in the. amount of $600 for sewer eastient in Edgemoore Woods Subdivision. Second to the motion by Homer Kuhl and voted unanimous. There being no further business, a motion.was made to adjourn at 10:10 P. M. Next meeting May 20, 1968, 7:30 P. M. MAY 17, 1968 A special called meeting (see 5-6-68 minutes) was held at City Hall, Smyrna, Georgia, and called to order 7:30 o'clock P. M. Mayor G. W. Kreeger presided and all Council Members present including City Attorney and City Clerk. An estimated ninety citizens were present to hear the report of the Mayor's appointed committee and citizens committee of seven in connection with charges that tax evaluations 1968 in Bennett Woods subdivision were made on an individual rather than City-wide pattern and -thus fell into the area of discrimination. .. In{ the -,-first-• order -of, business, Chairman C. W. Armour of the Council Committee, (Homer Kuhl, J. C. Porterfield and J. B. Ables) re- quested a five minute caucus to distribute and read the prepared reports as a result of meetings held on May 10 and May•15, 1968 with the citizens committee. Upon return to Council Chamber, Chairman C. W. Armour read the full committee report and submitted statements showing over-all City re-evaluations, (increases and decreases) 1965 to.current year. During discussion around the table, Councilman C. W. Armour. moved for the adoption of the full report sustaining the action of the assigned committee. Motion seconded by J. C. Porterfield. Voting for the motion, six, B. F. Stewart voted against. (Copy of the committee report made a part of the finalized minutes and attached thereto.) Motion Homer Kuhl for adjournment. Adjourned 7:56.P. M. MAY 20; 1968 The mid -month scheduled meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, and called to order at 7:30 o'clock P. M. Mayor G. W. Kreeger presided. All Council Members except fourth ward Councilman, Homer Kuhl were present.. Others present, City Attorney, City Clerk, Public Works Superintendent, Building Inspector, Consultant.Engineers and members of the Marietta and - Smyrna papers.