08-04-1969 Regular Meeting230
AUGUST 4, 1969
Pursuant to the Charter, a meeting of Mayor and Council was held
at City Hall, Smyrna, on August 4, 1969. The meeting was called
to order by the presiding officer, Mayor George W. Kreeger at
7:00 P. M. Councilmen absent were C. 0. Canada, J. C. Porterfield,
and C. W. Armour. City staff personnel present were L. W. Charles,
T. J. Grogg, C. M. Hamby, J. E. David, Berl T. Tate and C. C.
Porterfield. Also present were representatives of the Marietta
Daily Journal and Hensley -Schmidt Consulting Engineers.
Three citizens appeared with matters to bring before the Council.
Mr. James Newton, residing on Stonecreek Road behind the Jim
Wallace Service Station, pointed out that the fence that was to
be built enclosing the back of the station had not been completed
at the immediate rear of the station. The Council asked City
B-4ilding Inspector C. M. Hamby to notify the owners and to follow
up on the completion of the required fence. Mr. Adams and Mr.
Davis appeared before the Council in reference to storm damage
to their property in the recent heavy rains. The citizens were
informed that the City was working on plans to revamp drainage
in many areas of the City and that their area would be included
in study for future action.
Mr. W. 0. Moore appeared for the petitioner, H. S. Ray, for rezoning
of property on Concord Road at Hollis Street from C to C-1, local
commercial, restricted, convenience type grocery store. Seven
citizens appeared in opposition to the zoning. Mr. Bob Nazarowski
of Dell Avenue spoke for the group of area residents citing com-
plaints that there were too many of these type stores in the
neighborhood and that the garbage and refuse from the store would
be too close to adjoining properties. Mrs. Max Morris spoke in
opposition to the zoning citing that the City should hold up
these type zonings until Concord Road is widened from Atlanta Road
to King Springs Road. After some discussion, J. B. Ables made a
motion to deny the zoning to C-1 citing the fact that major deve-
lopment was needed in the area, not strip or spot zoning. The
motion was seconded by R. H. Wood and approved unanimously.
The Council heard the appeal of T. F. Roberts Jr. in reference
to a disorderly conduct: drunk and cursing in public charge
(Docket #5339) held in Recorder's Court, City of Smyrna, on June
141 1969. After discussion of possible alternatives in the case,
Homer Kuhl moved that a re -trial date be set. However, the motion
died for lack of a second. J. B. Ables motioned that the decision
of the Recorder's Court be upheld. The motion was seconded by
Homer Kuhl and voted unanimously.
The Council heard a petition of Mrs. Bessie M. Bivins for the
annexation of hhr property in L.L. 847 on the west right-of-way
of Hargrove Road contiguous with the corporate limits of the City
of Smyrna on the north lot line. The property encompasses approxi-
mately 3.4 acres, and the petitioner agrees to abide by all City
of Smyrna ordinances, regulations, and codes and to pay regular
taxes as they become due or an equivalent amount for services
rendered. A motion to annex the property was made by J. B. Ables,
seconded by Homer Kuhl, and approved unanimously. The property
is to become a part of Ward #1.
The proposed annexation of 25 acres in the vicinity of King
Springs School was deferred until August 18, 1969.•
The Council heard a petition from Mrs. B. L. Cummins for a resi-
dential business license, interior decorating. The petition of
Mrs. Cummins was found to be in order and a motion by J. B. Ables,
seconded by B. F. Stewart, called for the approval of the license.
The motion was approved by unanimous vote.
Commercial building permits were brought before the Council by
City Building Inspector C. M. Hamby as follows:
1. T & A Construction, to construct a Fish 'n Chips Restaurant
On Cherokee Road. A variance was requested to place the building
at front set back equal to MacDonald's Restaurant and 20 foot
rear yard set back. The varian ce was granted and permit approved.
Motion: J. B. Ables, second by B. F. Stewart, approved unanimously.
231
(Continuation of August 4, 1969 Meeting)
2. D67ti-Lon Construction Company, to remodel a structure (C-1)
on Sunset Avenue for a day nursery. Motion by B. F. Stewart,
seconded by Homer Kuhl, approved unanimously.-
3. Southern Neon Display, to erect a sign at Lumts Restaurant
on South Cobb Drive. Motion to approve permit pending checkout
by City Bui;ding Inspector was made by J. B. Ables, seconded
by Homer Kuhl, and approved unanimously.
4. C. M. Hamby brought before Council information that a house
on Medlin Street next to the Smyrna Springs Apartments was in
unsightly condition and should be condemned. It was pointed out
that V.M. Broyles was in contact with -the owner and that action
would hinge on his checkout of the situation.
Pertaining to current road projects the Council:
1. Approved a contract for the widening of Concord Road at So.
Cobb Drive by C. W. Matthews Contracting Company, Inc. for an
amount of $1400.00.
Ll� 2. Deferred action on paving the old health center site pending
d'+ erection of a wall.
2P�
3. Authorized the marking of 'the new City Hall parking lot with
parking lanes. Motion by Homer Kuhl, second by B. F. Stewart,
and approved unanimously.
4. Heard a report from the City Attorney concerning the condem-
nation proceedings on Woodlawn Terrace. The deed for the first
tract is signed, and a check for $425.00 will be drawn and de-
livered for the second parcel. This was the price set by the
appraiser as a result of the condemnation hearings.
5. Directed Attorney Berl T. Tate to check out the possible
acquisition of a radius on Atlanta Street at Love Street in con-
nection with -the quit -claim deed of the Coppenger-property along
the love Street right-of-way.
Pertaining to current water and sewer projects the Council:
1. Heard a report on storm damage by Mr. Joe Bork of Hensley -
Schmidt and Associates. Mr. Bart presented a list of the most
heavily damaged areas with cost estimates on the repair of these
areas. The damage was discussed at length, and upon a motion by
Homer Kuhl, seconded by J. B. Ables, the Council authorized J. E.
David -to -proceed with the major items of repair or emergency items
first. The motion was approved unanimously. (NOTE: Repairs will
be made according to the list submitted, and a report of progress
will be brought to the Council at each subsequent meeting.)
2. Approved a motion by Homer Kuhl which said in substance that
the Mayor and Council did agree to go ahead with the erection of a
temporary package treatment plant -on the east side pending the
approval of the State Water Quality Control Board. The motion
was seconded by J. B. Ables and approved unanimously. A meeting
is tentatively scheduled for the Mayor to meet with Sam Hensley
and Mr; R. Howard on the project.
3. Agreed to let the Fi-Fa of record #104, 2-22-68, against the
Smyrna Springs Apartments stand as is. Motion by B. F. Stewart,
second by Homer Kuhl, approved unanimously.
4. Asked J. E. David to get estimates on renting a drag -line so
that work could proceed with the drainage of land on Elizabeth
and Foster Streets.
5. Heard a report from J. E. David that work would begin soon on
the drainpipe from the Payne to Mathis property. The pipe,has
arrived for the project.
Mayor George Kreeger reported that the new Smyrna Police Station was
on schedule.
(Continuation of August 4, 1969 Meeting)
The Mayor had no report to make on state highway reimbursement.
By a motion of J. B. Ables,'seconded by.Homer Kuhl, and voted
unanimously, the minutes of 7-7-69 and 7-21-69 were approved
as submitted;
Berl Tate reported that he and C. W. Armour had not yet gotten
together to draft the incinerator ordinance for the City of
Smyrna.
City Attorney Berl Tate reported that Zayre of Georgia's suit
against the Cobb County Sunday closing law had been ruled on in
the Fifth U. S. Circuit Court of Appeals in New Orleans, La.
The three judge panel had ruled by a 2-1 vote to uphold the
Atlanta Federal Court decision not to expand the law to include
all businesses. Zayre still would have recourse to the U. S.
Supreme Court.
Homer Kuhl's motion, seconded by B. F. Stewart,, called for the
City of Smyrna to work out a plan for encouraging voter regis-
tration for the fall election. The Mayor appointed Councilmen
Kuhl and Stewart as a committee to coordinate this effort.
There being no further business, the meeting was adjourned at
9:15 P. M. Next meeting August 18, 1969, at 7:00 P. M.
AUGUST_18, 1969
The mid -month meeting of Mayor and Council, City of Smyrna, was
held at City Hall, August 18, 1969, and called to order at 7:00
o'clock P. M. by the presiding officer Mayor G. W. Kreeger. All
Council Members present except Ward #3 Councilman R. H. Wood.
Others present, Attorney Berl T. Tate, Building Inspector C. M.
Hamby, Engineer J. E. David, City Clerk L. W. Charles, Mr. Joe
Bork of Hensley -Schmidt, Inc., and the Marietta press
In the first order of business, Mr. Forrest A. Paschal, Spring
Road at Carolyn Drive, spoke in Council regarding a back up of
waste water from the underground sewer line. Mr. Paschal believed
this condition is a result of excavation of the four lane shoulders
in the area of his home. Mayor Kreeger authorized Mr. J. E. David
to check out and resolve the problem August 19, 1969.
A letter was read in Council from the Cobb County Board of Edu-
cation requesting that the King Springs Elementary School property
be annexed into the corporate limits of the City of Smyrna, and
aldo a thirty acre tract adjacent to the school property reserved
for the construction of a Jr. High School. The request for
incorporation as initiated by board member R. J. McCurry. On
motion by B. F. w. Stewart, seconded by Homer Kuhl, the above mentioned
properties, approximately 43 acres, was annexed into the corporate
limits of the City and within the boundaries of Ward,#7. The Cobb
County Board of Education agrees to abide by all City ordinances,
codes and regulations and to pay for all City of Smyrna services
as rendered. The motion.was voted unanimously.
It was brought out in Council per Item No. 3 of the meeting Agenda
that a mobile home had been located on the Bernard,Ja£fe apartment
project site on Smyrna -Powder Springs Road. Nathan Metzger,
manager, claimed the mobile home was by reason of thefts, vanda-
lism and fires, moved on the premises for a watchman during the
period of construction. It was also brought out in Council that
the mobile home was also used as living quarters and that no permit
had been issued or requested. Commenting on this, Councilman C.
W. Armour recommended that the following become part of the final-
ized minutest; (1) Inform the owner of violation of City ordinance,
(2) Permission to move mobile home to the construction site,whether
said permission was expressed or implied, is hereby recinded, (3)
Owner of the premises to be present September 8, 1969 Council