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.