09-23-1968 Mid-Monthly Meeting166
(Continuation of September 9, 1968 Meeting)
A settlement with.Hensley-Schmidt, Inc.*per.,their*contract for
water and sewer study of 1964 was.deferred to 9-23-68 fora
firm decision.
The q= ueation of police patrol of , new Spring Road including that
partiow�lying and -being in Cobb County was discussed in the area
of jurisdiction and referred to City Attorney for report 9=23-68.
Also discussed was the feasibility of annexing the 100 foot
right -of -,Way from Atlanta Street to the 4-Lane.
The Council deferred action on the clean up of the Bill Reed
property'by reason of proposed new structure.
Presented in Council by Mr. Harvey Nix was a contract for sale of
the City owned property on South Cobb Drive. The price per
contract was $85, 000. ' The � Mayor recommended ' thesale--of the prop-
erty as. is. A question arose- as to thelegality of ;a sale in the
absence of advertisement for bids. City•Attorney to check out
and report.
There being no' -further business, a motion was made to adjourn..
The time 9:42 P. M. Next 'meeting audit report 9-16-68, 7:30 P.M.
Next Council meeting 9-23-68,, 7:30 P. M.;,
S EPTEMBER. 11. 1968
SPECIAL 'CALLED' MEETING
Special meeting September ll,..1968 called to odder at 7:00 o'clock
P. M.. All,Councilmen and,Mayor present.,. Motion made by Homer
Kuhl--and-seconded by C..W. Armour to designate meeting as a regular
meeting to 'consider sale of City owned property_ en South Cobb Dr.
Preliminary discussion regarding property to be sold as is with
reservation of sewer easement to City of Smyrna at location to
be designated by City Engineering'Department if -line is to,be
moved. Moving to be at option of buyers. Property to be sold
in its present condition with present incumbrances.
Motion by Councilman J. B. Ables to sell property to Tillman
Nowlin Realty Company. Sales contract to be drawn with City of
Smyrna to retain.existing.sewer easements,,and if to be°moved
at option of buyers, to be re -located at expense, of buyers -to a
mutually"agreeable location. Sales price to be eighty-five
thousand,and no/100.($851,000..00) and -proceeds to be used for
capital. improvements only for .the City of Smyrna. Motion seconded
by Councilman B. F. Stewart. Approved unanimously. Meeting
adjourned at 7:25 P. M.
SEPTEKBER ;+28, L968
The-amid-nonth-:Meating of Mayor and- Council was, held_ at. City Hall
September*23, 1968 and called to order at 7:30 o'clock. P. M. by
Mayor_ G.i.W.-Kreeger:. All. the_ Ward -.Councilmen were present except
Ward 3 J Councilman . R., H.: Wood. "Others in attendance, Berl T. Tate,
,�.zL..W.._Charles., .J.. E.. David, C. M. Hamby, V; M. Broyles, Consultant
Engineer'George S. Adams and members of the press.
In the -first -order of business, Dr. Donald F. Marshall requested
that the-1968 Ad Valorem tax on the -,church property, 1330 Love
Street, ' be" deleted by - reason of non use as rental property. The
Council _agreed and on motion by C. W.. Armour the 1968 tax ($53.60)
shall be refunded by a General Fund check.-Motiou.seconded by
Homer. Kuhl,_ and vote& Amanimous .
Mayor.G. W. Kreeger called out the plans to.correct the traffic
pattern at the intersection of Love and Atlanta Street. This by
virture of complaint of citizen R. D. McNelley regarding traffic
hazards at the intersection.
(Continuation of September 23; 1968 Meeting)
3.. .
The"Smyrna City Council after one and one-fourth hours of delibe
tir-
ation voted to deny petioners request to rezone the southeast
corner of Atlanta -and the new Spring Road for. the" purpose of a
Phillips 66 Service Station. The following is.a summation of the
reports, documents.and plats submitted before the Council:
a: Attorney R. E. Flournoy. represented the petitioners S.,C.
Carter and George Patterson.
b. A petition in favor of the zoning request was submitted by
twelve citizens living or doing business,in-the area of the
proposed service station site.
c. A petition' from nine 'residents opposing the zoning' and living
south` and west of the proposed `site was submitted. in .! Council.
d, A reproduced plat was submitted showing,all the parcels of land
in LL.558 and 559 adjoining or adjacent to the proposed zoning
'site.
In
e. Your citizens, Messrs. Nash, Mitchell, Martin and Reed spoke
before Council in"opposition to,the° zoning.
W
U
The citizens voicing opposition brought out -a pointthat:the service
V
station would. create `a severe traffic' hazard as well, as a sewerage
problem: -The p'etitianers for-the'rezoning did not object to a
service station stating their belief, it was the highest and best
use.of the land.
The members ®f -the Council prior to the :motion; .)spoke on ,the service
stations in`the`area, traffic and safety factor atithe-intersectiou,
and"the agreement to''titintain"the'residential status in'the area
at'the.time of.land acquisition for the -four lane. Motion by J.B.
Ables__that_ the application • for rezoning of _the- Carter and Patterson
property be and is hereby denied. Motion seconded by Councilman
Homer Kuhl. Motion carried•by,unanimous vote.
__-The, petition ' as advertised' to rezone the Ruth C. Dunton property on
Concord Road from District "CfI"to Land Use- Permit,, was -withdrawn
prior to the Council meeting -per letter dated September 23, 1968.
The petition as advertised referring to.' --a proposal, to, rezone -the
zoned restaurant property' at ' Cherokee-b•and , Burbank. for a .service'
station-was'withdrawn per letter received September 23,-1968:prior
to the meeting hour. , r
Council set October 21, .1968, per motion of C. W. Amour to hear the
pe'tition'to..rezone the `vacant property known -as '751 Cherokee Road
from District '*C" to land -use permit (C-1)• for a laundry, -and dry
cleaning establistment. Motion seconded by J. C. Porterfield and
voted unanimous: _
The Council ruled that'wholesale licenses would -.be considered for `1
the sale of produce and further''ruled that no door to door and
parking lot sales of produce ,would -ba ,permitted,.. This action as a
result of a request to sell produce (apples) from trucks. J
Councilman B. F. Stewart discussed the violation of the.R=1 zoning
ordinance as_ pertains to -a parcel of land ou .Cloudland .Drive.
Owner, Mrs. J. D.' Crowe. -now renting to tanants. . - The . owner ,of -the
premises per Mr: 'Stewart , called lout . October, 5 as the proposed
moving date of her.tenants. Action on the part of the. City Council
deferred to October 7, 1968.
Buildin .Permits: The'followin commercial.building permits,were
roug t e ore Council -by building inspector C. M.'Hamby and.on
his recommendations the following action'is;recorded:,
1. Jack Boone'- a 501x100' building located at 2450.South.Cobb
Drive (rear): Approve& on motion J. B. Ables, second B. F.
Stewart and voted unanimous.
2. Levin Neon. `Sign Company, for one pole type sign located on
. Zayre's property, South Cobb. Drive: Approved on motion Honer
Kuhl, seconded by C. W:-Armour, voted unanimous.
108
(Continuation of -September 23,,1968 Meeting)
r
3. Crowder Sign Company, remove one sign,and.install one new
sign on,Kennesaw-Finance building,.,.Atlanta.Road Approved .
on motion J. C. Porterfield; - seconded by J. B. - •Ables. and
voted- unanimous.
4. Artistic Sign Company, remove one sign, Milk Jug on Concord
.Road and• ias•tall -one sign for -Little River Farms.. Approved.
on motion C. 0. Canada, seconded. -by ,B. F.- Stewart, .voted
unanimous.
5. Remodel' interior:,•paint exterior, plue.landscaping of the
premises of H. C. Price, Jr. ,,- 581, -Cherokee Road, for, a ,
beauty salon per letter of agreement calling out 27 items
of improvement' to , the structure.., . •Motion by -Homer ;Kuhl that.
the issuance of: the permitAs denied .,by reason ;of non-.,
submission of plans. Seconded by J. C. Porterfield, voted
unanimous. t
6. Foto-Mat structure on South Cobb• Drive tou be located,south
of the Wallace Service Station and south of -the intersection
of.BankStreet. Authorization to,issue permit for the•building
on motion by J. 'C.,-Porterfield,; said..pe uit.,to...be held,_.in
abeyance pending a written notice from consultant engineer that
all.requirements set out in the•original zoning regarding the
water run off have been'completed and copy of•letter to all
Council members. Motion•seconded by,J: B: Ables, voted unanimous.
7. The purchase of land, 55, north by 150t west of Old Concord Rd*
for the expansion of the Power Company electric substation was
brought before -Council for zoning.. --,The present substation is
'not�in the corporate limits: The question before Council
hinged on advertised public:hearing-for:a land use permit and
the question of-annexation-of,the present substation site:
Item •was-4deferred pending contact with,Georgia •Power officials.
A report an the progress ,of' Spring,Road.was given, by.Mayor..G. G.V.
Kreeger and City Attorney Berl T. Tate regarding a contract for
the road -marking and on•information,regarding,.the.annexation of
the.right-of-way lying-in the county into.the corporate limits of
the City of Smyrna. Item deferred.
With the.. exception -of tie -in;' -.the East.- Side. force main , on ,Woodlawn
Terrace was reported as completed from,theproposed.,pump;.site..to the
intersection at -Spring Road. Condemnation -of a -parcel of,land.for
the resurfacing of Woodlawn Terrace in process., ,
Mr. X ' E. "David• reported• ion the estimated cost of. Roswell ,Road
drainage and sidewalks -in, connection,:with the county contract to
resurface the: roadway :to Mathews Street- Item deferred.;
Mr. George S. Adams of Hensley -Schmidt, Inc. submitted ,iii Council
a tentative design of the land acquisition in connection with a
63 foot right-of-way on Atlanta.Road from Spring Street south to
Love. Item deferred pending State Highway engineering design
covering the proposed improvement.
A letter from the church body of the Pentecostal HOliuesa Church
referred,to the -condition of the property next -north from the .
Church on'Old Concord Road.. The -problem hinged -on septic tank
odors;, -high grass,=junked cars and deterioration of the building.
This item was referred -to the sanitation coamittee..for report_
in next meeting:
On the report of the condition of the J. T. Conn property on
Elizabeth Street and the recorded Pi Vale for -City -of Smyrna
taxes covering five -years, s Councilman J. B..Ables•=motioned .the
property be advertised for:sale'to the highest -bidder to,satisfy
the ad valorem taxes due the City of Smyrna. The motion was
seconded by Honer Kuhl .and the vote, was unanimous.. M
Property 'was • described . as a �-nonhabi.table• home. . .
The Council requested letters to be prepared and mailed to two
citizens on'•Marston,Street calling,out violation of the City_of
im rna suer tap'ron ordinance .,Action on,this item resulted
comp min s in -the area oi` septic tank odors.
(Continuation of September 23, 1968 Meeting)
Councilman J. B. Ables discussed the 1963 water and sewer study
prepared and submitted to the Mayor and Counci,V by Hensley -
Schmidt, Inc. In 1964 per minutes of record, the stipulations
of the federal government (HHFA) were not accepted'by the Mayor
and Council. A question regarding the payment of the studies
hinged on whether the City was obligated to pay for the studies
$12,500) in the event the federal funds were available or in the
event the, funds were not available'. As of the minutes above dated,
Councilman J. B. Ables motioned that settlement in the amount of
a re -negotiated figure ($7,024.41) shall be paid, said payment
from the Water'and Sewerage Revenue fund spread over a period of
months as agreed by the City Clerk and Hensley -Schmidt; Inc. The
motion as stated was seconded by C. W.-Armour. The ,vote for the
motion; J. B. Ables, C.. W. Armour, Homer Kuhl: The vote against
the motion, J. C. Porterfield, B. F. Stewart and C. 0. Canada.
Mayor G. W. Kreeger cast the deciding vote for the motion. Motion
passed four to three. -
The Council by-passed setting a date to review the current fiscal
audit pending receipt of the 1967-68 report of examination from
the City auditors. `
Financial reports were distributed, discussed and deferred.
A resolution prepared and submitted by City Attorney Berl'T. Tate
was read in Council as follows:
NOW, THEREFORE,.be it resolved by the Mayor and Council.
of the City of Smyrna, and it is 'hereby resolved by
authority -of -same,, that in an effort to properly recognize
the devotion of Mrs. Aline Wolfe to the youth of the City
of Smyrna, that in her memory, the Teen Canteen'shall
hereinafter be known as the ALINE WOLFE YOUTH CENTER, and
an appropriate plaque.be'erected so deisgnating same.
Motion by.J. B. Ables that this Council adopt `the Resolution as
read,'secouded by Homer Kuhl. The vote was unanimous. The Mayor
assigned the committee of C. 0. Canada, R. H. Wood, and J. B. Ables
to purchase one plaque.to be placed in -the yard of the Aline Wolfe
Youth Center -and designate a date for the installation occasion.
Council on motion by J. C. Porterfield set October 7 for the
.hearing of the petition of :Sandra K. Robinson regarding appeal
on violation of the Stop sign ordinance..`
The Council voted unanimous to start all meetings hereafter at
7:00 o'clock P. M., the effective date shall commence immediately
following the change over to E.S.T. Motion by B. F. Stewart,
seconded by C'. 0. Canada.
Motion to ad journ' by J C. Porterfield at 10 :25 P.M: Next meeting
10-7-689 7:30 o'clock P. M.
G. W. Kreager, Mayor L. V. Cbarles, City Clerk
C. our, councliman a 1, -'
Sanitation
R. H.,tWbodi douncilman a ,
Streets AMaintenance 1-2
'C. 0. Canada, Councilman Wa ,
Parks &Recreation
B. F. tewa , o n Ward 7,
Water
• B, Ables,, Councilman 8 ,
Police, Fire &/ CD
Homer Kuhl,, Couticilman Ward,
Finance d Adminis ration-
. y. rorte ieid, counciimap
and 6. Trey nt Plants, Garage