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08-05-1968 Regular Meeting15 AUGUST 5, 1968 The meeting of Mayor and Council of the City of Smyrna was held, pursuant to the Charter, on August 5, 1968, at 7:30 o'clock P.M. Mayor G. W. Kreeger presided and all council members were present including Department Heads, City Clerk, and City Attorney, Building Inspector,i-,the press, Consultant Engineer, Andrew Waldrop. In the first order of business, Mr. Marston Tuck addressed the Council as the spokesman for the citizens in the area of an accident on Spring Road, which resulted in the death of an, eight year old boy. Mr. Tuck mentioned in his..complaint speeding on Spring Road, location of°guard-rails and -requested the Mayor and -Council -initiate all action required to•slow down the traffic flow. Mayor G. W. Kreeger answered the above complaint -stating that Spring Road is under the jurisdiction of the State Highway Department, as well as the speed limit control signs, and further that the City will patrol the road with authority to make cases against violators in the City and the County. ' Under agenda item No.l, Citizen Reports, a Mr. J. P. White appeared with a complaint regarding City policies on water cutoffs. He reported that no water bill had been received for five consecutive months. He further stated -that he had not received a business license -mailed to his address of. record. There was - no 6omment- on the above from the Council table. Mr. Spain of the Southland Corporation requested the Council to consider rezoning two parcels of land known as-1073 and 1083 Concord Road from District "C" to C-1 commercial -area for a 7-Eleven Store restricted. Mrs. Max Morris spoke in opposition stating*there-were four convenience type stores in the area plus two markets and' further that any or all development to commercial on Concord Road should be held in abeyance pending acquisition of thefunds for the widening of Concord Road, phase two. In further,discussion Council- man Homer Kuhl moved that the application for the rezoning for convenience type store, Concord at Hollis.shall be and is hereby denied. The motion seconded by R. H. Wood and voted unanimous. A published advertisement was released to the Smyrna Herald re- questing sealed bid proposals for the sale of property no longer needed by the City and located at the northwest corner of Spring Road at the intersection of Dundee Drive. Bids were received above date and opened and recorded as follows: Kenneth A. Wencl, 1970 Glenroy Place, S.E., in the amount of $75. The second bid received by Mr. Joe E. Griffin, owner of the adjacent property and residing at 2590 Benson Poole Road, in the amount of $1050. The bid of Mr. Joe E. Griffin was on motion by C. W. Armour, accepted and release of title papers withheld pending check of title by City Attorney, Berl T. Tate. The motion as stated seconded by J. B. Ables and voted unanimous. Mr. Lou Schriebman defended in Council the charge of operating a commercial business in the residential area east of Sharon Baptist Church. He stated that property was used for storage of saleable food and soft drink items and further no sales were made from the premises, and no advertising signs in the area and that one truck was on the premises for the purpose of delivery service. Mayor G. W. Kreeger appointed the committee of Councilmen Homer Kuhl, and C. 0. Canada, for check out on corrective action and report of their investigation. Specifications requesting bid proposals covering a sewage lift station and force main, Eastside Apartment Project were mailed by Hensley -Schmidt, Inc. and four sealed bids eeceived above date and publicly opened. The bids recorded as follows: 159 11 (Continuation of August 5, 1968 Meeting) Bidder J. E.' Lovem Arthur Pew. Jan R. Smith R. L. Hamby W. P. Lord Item #1 Construction Lift Station $119000.00 12,600.00 21,400.00 11,149.99 Item #2 Force Main $- 9, 200.00 159368.00 15,000.00 12,850.00 ... Total $209200.00 27,968.00 36,400.00 239999.99 None On the.motion by Homer Kuhl the contract was awarded to the low bidder, J,. E. Lovern- Construction Company and withheld pending engineering check out of specifications and tabulations of all bids and if found in order the issuance of.purchase order and release bf contract to be awarded the low bidder. Motion as stated and seconded`by'J. B. Ables, voted unanimous. On the submission and recommendation of the building inspector, C. M. Hamby, the following building permits were approved for release: 11:114UD Standard Oil Service Station located on the north right-of-wpy of Spring Road at the intersection of Bell Drive. Motion to issue permit by J. B. Ables, second J. C. Porterfield. 'Vote was unanimous. The educational building, an'addition to the Church of Christ, South Cobb at Church Street, was issued a building permit for the structure, estimated cost $200,000. On motion.by.J. C. Porterfield, seconded by C. W. Armour, the vote was unanimous. Councilman J. B. Ables reported in Council progress to�date on Ward Road repair, inspection and resurfacing Contract. This per result of a prior report on deterioration,and reference -to this called out in 7-15-68 minutes. Item 13 of the 8-5-68 agenda called out the placing and removal of political posters.,Referred to City Attorney, B. T. Tate, for authority by State Law on the -posting bonds. , The following disposition is made a part,'of the above dated minutes regarding application for Malt Beverage Retail License: 1. Big Apple, East Spring Road,- application was not submitted -this date. 2. Mr. Pilgrim, South Cobb Plaza, application does not comply with ordinance. ' 3. Johnny Reb,. Cherokee Road, not in compliance with 'ordinance. MEMO: Final action delayed pending report from a county attorney who is reported as representing Johnny Red. 4. Tenneco Food Store, Cherokee Road, denied on,motion C. W. Armour, second J. C. Porterfield and voted unanimous. Complaints were brought before.Council by City Clerk regarding con- dition of Ventura Road, mostly parking on the roadway, mud washing into front yards, grass not cut and old dismantled cars in the area. Recommendation was made to limit parking to two hours on Ventura. Road. Mayor G. W.;. Kreeger appointed the committee of J... C. Porterfield and C. 0. Canada to check ou_t and submit recommendation with report at the August 19­meeting.'- City Attorney, Berl T. Tate, spoke on the adoption of voter regis- tration, 1968 House Bill No. 1087. The Council discussed the preparation of A resolution amending the House Bill and then referred any proposed amendment to the CMA legislative actioncommittee, of which Attorney Arthur Crowe is chairman. In connection withthis law and proposed amendments, it.was suggested that each City shall cause a member of the City Hall.staff to be classified as a deputized registrar and a member of the Board of Registrars of the County. Since the first Monday in September 1968 is National Labor Day the Council by unanimous voted.set September 9, 7430 o'clock P.M. as the first meeting in September, and September 23 as the mid -month meeting in September. Motion made by J. C. Porterfield, seconded J. B. Ables. (Continuation of August 5, 1968 Meeting) The Council set September 23, 1968 as .the public hearing date on the petition to rezone the S. C. Carter and George Patterson property located at the southeast corner of Atlanta and Spring Road. The petition requested Council consideration to change present zone from R-1 residential to C-1"commercial area fot a Phillips Petroleian_ Company service station. The hearing date 9-23-68 on motion by Homer Kuhl, seconded by'J. C. Porterfield. The motion was voted unanimous. ' Council, also, set September 23,. 1968.for the public hearing.of the petition to rezone the southeast corner and intersection of Cherokee Road and Burbank Circle.'from C-1 Restaurant (kds_trieted) to C-1 Hess Gasoline Service Station (restricted). The petition submitted by Mr. B. J. Alexander, agent for petitioners. The above on'motion-Homer Kuhl, seconded by J. C. Porterfield. Councilman B. F. Stewart discussed -the $1,475 delinquent water bill due the City from the original owners of Concord Garden Apartments: The Council authorized balances due the'City shall be turned over to City Attorney,'Berl T. Tate, for collection from the new owners known as Interstate Credit. Motion by B. F. Stewart, seconded by C. W. Armour, and voted unanimous. The disposal area'for the movement of -old dismantled", rusted auto- mobiles was referred to Mayor G. W. Kreeger, President of the Cobb Municipal Association, for.action and directions as to a permanent disposal area. Mayor-G. W. Kreeger authorized the"finance committee for follow up and up dating of the City of Smyrna wage scale. The Council voted unanimous on J. C. Porterfield's motion to up grade 'Treatment Plant employee . Bill M. Goode from grade No. "6 to grade No. 9 at $2.00 per hour, forty hours a week effective August 2, 1968. The motion seconded by J. B. Ables. Title of the assignment is assistant supervisor. Per the request of J. C. Porterfield, the Council granted permission to the Wills Booster -Club to organize a*Bucket Brigade for the collection of funds on September 7, 1968. Motion Homer Kuhl, second by J. B. Ables, motion carried. In connection with .the many requests.for collection methods, the Council ruled that'Bucket Brigades in the future shall be conducted by persons who have reached or passed their eighteenth birthday. Motion by Homer Kuhl, second C. W. Amour, voted unanimous: A final plat was submitted in Council consisting of nine lots in Argyle Estates, alportion of Section V1 and known as lots number 179 1S9 199 209 21,, and lots 8, 9, 10, and 11 on the extension of Ann• Road,, lying and being in. the 17th District of Land Lots' number 739,• 740, 773, and 774. Certain waivers were requested -by reason of curvature of the road in regard to the set back lines and the minimum depth requirements called out'in City of Smyrna comprehensive zoning ordinance -and the minimum lot depth"per.City Ordinance on single family dwellings is 150 feet and,a 40 foot set back line. Since the lots in question contained the minimum square land requirements, 12,000- square feet, the Council waived the minimum depth requirements as shown on plat with reference to lots 17, 18, and 19 and further that the minimum building set back line (40-feet) shall be adhered to'on lots 17, 18,"19 and 20.- The above changes -per motion of J. B. • Ables shall. be corrected on the final plat .prior to -signing off and recording. The motion seconded by B. F. Stewart and voted unanimous. MEMO: The above action to be held in abeyance and subject to the annexation of the nine.lots in Argyle Estates, Section V1 to the corporate limits of the City of Smyrna and made a - part of the agenda of August 19, 1968. There being no further business, motion was made by J. B. Ables to adjourn, the time 9:23 P.M. Next Council Meeting August 19, 19689 7:30 P. M-.