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
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of the premises. Copy of City of Smyrna ordinance covering mobile
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homes in residential areas was submitted to the applicants. Mayor
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G. W. Kreeger appointed Homer Kuhl, Chairman, R. H. Wood and B. F.
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Stewart to check out and report July 24, 1967. -
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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.
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(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.
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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
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Council agreed on motion by J. B. Ables authorizing the City Clerk
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to sell U. S. Treasury Bills (receipt of which is held by the Bank
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of Smyrna) upon receipt of invoices covering materials for the
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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.