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07-10-1967 First Meeting75 JULY 10, 1967 The first meeting of the new fiscal year of the City of -Smyrna was held July 10 at -City Hall, Smyrna, Georgia, pursuant to the Charter. Mayor Kreeger, all Council Members, department heads and thepress were present. In the first order of business, Mr. Dobbs, Vice President of the Smyrna Pony League, was granted on motion by Homer. Kuhl the use of Cobb Park for Pony League play offs with a stipulation that a 10:00 o'clock closing time must be adhered to and that a fire lane must be kept open. The motion seconded by D. L. Mixon passed. Mr. W. B. Sanders spoke in Council with reference to the June 21, 1967 committee recommendations which denied a building permit to remodel or renovate the Rice-Brawner home place for conversion to a mortuary. The Council requested complete plans from a contractor of record regarding the structural design for conversion of the residence for commercial occupancy. A petition was submitted by Mr. and Mrs. Medley of 396 Dell Avenue requesting Council action to move a mobile home -to the rear yard L0 of the premises. Copy of City of Smyrna ordinance covering mobile da homes in residential areas was submitted to the applicants. Mayor lt� G. W. Kreeger appointed Homer Kuhl, Chairman, R. H. Wood and B. F. W Stewart to check out and report July 24, 1967. - V U The application for zoning hearing of the Geage W. McCurdy property came up for Council action. No citizens were present opposing the rezoning. Spokesman for the McCurdy petition, Mr. Frank W. Morris, stated the usage of the land on Old Concord Road next east from Goodyear Tire would be for the construction of the Pizza Inns, Inc. Motion by D. L. Mixon to zone the property per plat submitted from District "C", Land Use Permit Skating Rink (Cobb County) to C-1 local commercial (City of Smyrna). The motion seconded.by Homer Kuhl and voted unanimous. MEMO: The property was annexed into the corporate limits of the City of Smyrna as per entry in the June 5, 1967 Minutes. Per petition received July 10, 1967 called out a request to change the zoning of 623 Cherokee Road in theCity of Smyrna from District "C" to C-1 commercial area for the purpose of a ready to wear clothing store. Identity of the property in LL 346 is located two parcels east of the Phillips Barber Shop on the south right-of-way of Cherokee Road. The Council accepted the petition and set the date for public hearing on August 7, 1967, per motion of D. L. Mixon, seconded by R. H. Wood. Mr. Quinton S. King, former owner of the property located at the southwest corner of Cherokee and Ward Streets, acted as spokesman with a plea before Council to consider a zoning variance of the described property from C-1 restricted --office building-- to any or all land uses called out under C-1 commercial area. The council advised Mr. King that upon petition from the new owner, Mr. Charles Bagley, said petition would be advertised and date of hearing set, all in accordance with the City of Smyrna comprehensive zoning regulations as amended. On the recommendation of City Building Inspector C. M. Hamt)y, the following permits were approved for issuance: 1. Pizza House on the McCurdy property, Old Concord Road, approved subject to submission of plans. Motion by Homer Kuhl, seconded by Co W. Armour, 2. Coin operated laundry, Ventura at Cherokee, -formerly Woodward Cosmetics. Permit approved for issuance on motion D. L. Mixon, seconded by B. F. Stewart. 3. Erection of one steel sign, Tony's Pizza; Cherokee Road at Belmont Hills Shopping Center. Permit granted motion Homer Kuhl, seconded-B. F; Stewart, 4. Sandy's Drive -In, South Cobb Drive, glass enclosed patio area front of structure from present structural up -rights to front of building. Motion passed six to one, J. C. Porterfield voting against. 76 (Continuation of July 10, 1967 Meeting) Mr. E. W. Tinsley brought before Council his objections concerning a 1966 annexation of property he purchased on So. Atlanta Road west of Campbell High. The property became involved in a 1966 zoning by Cobb County and subsequently annexed into the corporate limits of the City of Smyrna along idith the property of Combineff Investors, Inc., the Justice • property, - and the property of Mrs. Fuller Daniel. Zoning to A-1 for apartment structures approved by the Cobb -County Planning Commission and annexed into the corporate limits of the City of Smyrna to R-2 per petition of, developer and plans and legal description of record, and sub- mitted to the Cobb County legislative body, approved in the General Assembly, and signed into law by Governor Carl Sanders. Mr. Tinsley•claimed he -had no knowledge of any of the above reported and recorded action. Council's advice to the complainant hinged on his appearance before the Cobb County delegation for any action in connection with the above legislative recorded laws of 1967. Progress of the widening•of Ward Street was reported by Councilman R. H. Wood. Mr. Wood stated further that Neel Contracting Company was the successful•bidder on the seven sidewalk contracts in the City ,of Smyrna. Councilman J. B. Ables reported •on the current street re -numbering project and stated that approximately 3,000 address change cards would be mailed during the current week, that a transition period would be set up allowing sufficient time for citizens to notify correspon- dents., and further reported on the progress of the Nash -Wills Booster Club in connection with the sale of house numbers. r Councilman Homer Kuhl reported in Council the progress to date in reference to the Ordinance of record concerning automobiles in residential areas partially rusted, wrecked, junked or dismantled. The'Police Department is now operating on the basis of issuance of letters of -notification of 30 days limitation to remove said junked or wrecked cars from the premises with citation to appear in Recorder's Court if no action has been taken during the thirty day period. Councilman Homer Kuhl also reported the State Highway Departue nt confirmed by letter theproject of the marking of Atlanta Road from Love Street to Spring provided the City would perform the corrective action on all storm drains. A confirmation from the State Highway Department was also read in Council regarding the third lane on the east right-of-way of South Cobb Drive from Powder Springs to Cherokee Road, a distance of 2400 feet. In accordance with legislation passed.by the General Assembly in session in 1967, a law was passed releasing escrow funds held by the State Retirement Act, said law releasing these funds upon adoption of an ordinance to the Cities of record. Ordinance submitted by City Attorney Berl T. Tate read in Council and adopted as submitted on unanimous vote per motion J. B. Ables, seconded by Homer Kuhl. The minutes of the -meeting held by Mayor and Council June,,5, 19, and 29 were adopted as corrected. In a discussion of the 1967-68 fiscal budgets the question was brought before Council on the salary adjustments as called out in the wage and salary department budgets. It'was recommended by Councilman J. B. Ables that a form prepared by City Hall be com- pleted and approved affecting all salary and wage adjustments' effective July 1, 1967, and thereafter. In further discussion Mayor G. W. Kreeger appointed Councilman J. B. Ables, Chairman, C. W. Armour and D. L. Mixon as a committee to study, revise and submit a -comprehensive -wage scale in connection with all assignments performed by employees of the City of Smyrna. 77 (Continuation of July 10, 1967 Meeting) The City of Smyrna budgets covering the fiscal period 1967 through June 30, 1968 as adopted June 29, 1967 were submitted to all Council Members along with a report of anticipated revenues from all sources. The total amount of revenues $811,319. Total general operating fund budgets, $768,986. Net reserve classified in the books of the City of Smyrna as a contingency fund to be expended only by directive of Mayor and Council, amount $42,333. In a report to the Mayor and Council it was revealed that the , City has $40,000 reserved in U. S. Treasury Bills which repre- sents an unexpended balance from the 1954 Water and Sewerage Revenue Bond issue. Based on a report submitted by the City Clerk from advice solicited from City Attorney Berl T. Tate and Fiscal Agent Lex Jolley, these funds $40,000 could be used as needed for the City Extension and Construction of water and sewerage facilities, mostly to newly annexed subdivisions thus relieving the practice of appropriations from the General Operating Fund to the Extension and Construction Fund to meet current accounts payable for pipe, fittings, meters and subcontracted labor. The LID Council agreed on motion by J. B. Ables authorizing the City Clerk d� to sell U. S. Treasury Bills (receipt of which is held by the Bank LC� of Smyrna) upon receipt of invoices covering materials for the W extension of water and sewerage facilities. The motion further stipulates that all action regarding the sale of U. S. Treasury Bills from the �1954 water and sewerage revenue bonds shall pass before the Council for approval prior to disbursement. The motion as above stated seconded by C. W. Armour and voted unanimous. An ordinance was read granting the Atlanta Gas Light Company the right and franchise to use and occupy streets, roads, highways, etc. for the operation and distribution and sale of manufactured gas within the corporate"limits of the City of'Smyrna. The Ordinance calling out the contractural terms, number of years, etc. filed in City records under franchises. The ordinance as read was upon, motion by Homer Kuhl accepted and voted unanimous on second by J. C. Porterfield. MEMO: Acceptance of the franchise agreement deletes the annual business icense occupational tax. On a motion made by D. L. Mixon, the City owned property on the west right-of-way of South Cobb Drive (approximately 7.55 acres) was declared surplus and authorized to be advertised for sale to the best bidder. Said legal ad shall calliout the minimum appraisal, the buyer accepting the property in an as is condition. Motion seconded by J. C. Porterfield and voted unanimous. MEMO: City reserves the right to accept or reject all bids, -said bids to be opened September 11, 1967. Motion by J. B. Ables to adjourn 10:15 P. M. JULY 24, 1967 The semi-monthly meeting of Mayor and Council was held at City Hall on July 24, 1967 at 7:30 o'clock P. M. Mayor G. W. Kreeger presided. Council members present: C. W, Armour, J. B. Ables, R. H. Wood, D. L. Mixon, and B. F. Stewart. Council members absent: Homer Kuhl and J. C. Porterfield. Also present: J. E. David,, C. M. Hamby and the press. A zoning petition was read in Council with reference to a parcel, of land known as Lot 92 of the Loudermilk Subdivision located in IL 810 on the south right-of-way of East Spring Road. Petition requested a Bearing to rezone the property from R-1 residential to C-1 commercial area for a proposed dry cleaning plant. Hearing date set for August-21, 1967 on motion by G. W. Armour, seconded by R. H. Wood, and voted unanimous.