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10-20-1969 Regular Mid-Monthly Meeting245 (Continuation of October 6, 1969 Meeting) C. W. Armour reported that the malt beverage lsoense for Bavafian Alpine Inn into the name of Raymond Eugene Yawn, 810 Cherokee Road, Apt. 4-A, Smyrna,'and placed this recommendation in the form of a motion. The motion was seconded by B. F. Stewart and approved by a vote bf 5-1. Homer Kuhl voted against the motion. The Council approved Glen Hughes as Election Superintendent, Nora Proctor as deputy registrar and T. J. Grogg as absentee ballot clerk.- (Appointment of Glen Hughes recinded - See November 17, 1969 minutes.) The Council deferred annexation of 13 parcels on Pat Mell for legislative action. In final action, the Council: 1. Heard a report by Clarence Canada that Northwest Exterminators had violated their agreement with Council in that they had no business license, no garbage service, no fire dxtinquishers, and were using the building as a storage facility, not for office use only. The Council requested that Mr. L. A. Phillips appear before Council 10-20-69 to show cause why this agreement should not be terminated. W 2.' Heard a report by C. W. Armour that the McWhirter Refuse Company was picking up garbage illegally within the City Limits. Berl T. Tate advised that his personnel would have to be caught in the act or the ordinance would have to be redrawn. 3. Heard a report by J. C. Porterfield concerning citizens in his Ward on county water system while paying City taxes. In the ensuing discussion the Council authorized B.F. Stewart to check into trading customers tAth the county and to report at the next meeting. 4. Referred the matter of Christmas lighting of City Hall to Homer Kuhl for action. 5. Was reminded that all Council Members must sign the Minute Book before 12-31-69. There being no further business the meeting was -adjourned at 9:10 P. M. Next meeting October 20, 1969. x October 20, 1969 The regular mid -month meeting of Mayor and Council, City of Smyrna, was held on October 20, 1969, at the City Hall, Smyrna, Georgia, The meeting was called to order by the presiding officer, Mayor GeorgiaW. Kreeger; at 7:00 o'clock P. M. Councilman R. H. Wood was absent; all other Councilmen were present. City Staff Members present were: L. W. Charles, J. E. David, T. J. Grogg, C. M. Hamby, C. C. Porterfield, and Berl T. Tate. Others present we're Joe Bork of Hensley -Schmidt, the Marietta Journal, WBIE, WSB-TV. Mr. Don Stanley, President of the Smyrna Athletic Association invited the Mayor and Council to the Homecoming activities of the assoc- iation, Saturday, October 26, 1969, at 12:00'o'clock noon at Ward Park. The Council heard a'request to rezone the Logan property from R-1 to C-1. The property owners appeared in support of the request. No citizens appeared in opposition to the zoning.' C. W. Armour motioned that the property by rezoned as advertised. The motion was seconded by Homer Kuhl, and approved unanimously. The Oouncil heard a request from property owners on Concord Road to rezone their properties, generally located along Concord Road from Love Street to Dunton Street, from R-1 to District "C". (Continuation of October 20, 1969 Meeting) In subsequent discussion, the Mayor and Council expressed a desire to clarify their position with the property owners with'respect to the cost of buying the needed rights -of -way for the future four-laning of Concord Road from Love Street to' the end of the present four -lane extending east from So. Cobb Drive, should this project be approved in the future. It was generally agreed between the Council and the property owners that the rights -of -way needed by the dity would be acquired at the current price of residential property rather than commercial. This acquisition of the rights -of -way would be negotiated at the'time of C-1 application. With this general agreement having been outlined, J. B. Ables motioned that the property under discussion be rezoned as advertised from R-1 to District "C". The motion was seconded by J. C. Porterfield and approved by a'vote of 4-2. C. W. Armour and B. F. Stewart voted against the motion. The Council heard a request from EBCAP Supply Company to annex property on Atlanta Road, 5.2 acres as further described on the annexation petition submitted. A motion was made by J. B. Ables, seconded by B. F. Stewart, and approved unanimously to annex the property as per the petition and that the property shall become a part'of'Ward #2, City of Smyrna. The property owner agrees to abide by all laws, ordinances, codes, and regualtions, of the Citylof Smyrna and to pay'all regualr City taxes as they become due or a like amount for City services rendered. A request was heard by Council to set a hearing date for a rezoning of property, 5.2 acres, on Atlanta Road from C-1 and "C" (Cobb County) to R-2 (City of Smyrna). The Council sett November 17, 1969, as.the date for the hearing on a motion by C. W. Armour, seconded by J. C'. Porterfield, and approved unanimously. Mr. L. A. Phillips, per previous.notice by Council, appeared to answer charges by residents on Cobb Lane that he was in violation of his agreement with Mayor and Council to use the Structure at 416 Cobb Lane for "office use only". Mr. Phillips. admitted that he had used the structure for a storage facility but that he had cleared out all unauthorized'items. Also, the matter of a business license was discussed. Mr. Phillips said that he had given the City of Smyrna a check for a business license. The Council asked that he issue a new check and stop payment on the old check. The Council heard an'appeal from the City of Smyrna Recorder's Court of Mr. James D. Chandler, Jr. in reference to a charge of reckless driving tried on September 27, 1969. Two school safety patrol members and Dectective Ted Kirby appeared as witnesses, and arresting officer in the case. A motion by B. F. Stewart, seconded by J. B. Ables and approved unanimously, substained the decision of the Recorder's Court and the fine imposed. Requests for commercial building permits were brought before Council by City Building Inspecgor C. M. J`amby. The following -applications were- approved : ' '1. U. S.•General Construction Company --remodel and add one bay to C. Fouts Texaco Station on Atlanta Road. Motion by J. C. Porterfield, seconded by B. F. Stewart, approved unanimously. 2. R. C. Taylor - remodel old service station at Pat Mell and Atlanta Road. The permit was approved pending compliance with all codes and filling the underground tanks with sand. Motion t,a by B. F. Stewart, seconded by J. B. Ables, and approved by a vote of 4-2. C. W. Armour and J. C. Porterfield voting against - the motion. The checkout of the status of the demolition of the Davenport House'on Medlin Street was referred to V. M. Broyles, Sanitation Supervisor. It was reported by Homer Kuhl that the application of Mrs. Howard Medley, 396 Dell Avenue, would have to be denied because of two signatures, required for 100% of the neighboring property owners could not be obtained. (Continuation of October 20, 1969 Meeting) Pertaining to current road projects the following items were discussed: 1. It was decided to relet bids for the paving of Woodland Terrace in the spring due to receiving of only one bid for the project. This bid was in excess of the engineering estimate by 25%. 2. No progress was reported on the Coppenger dedication for the widening of Love Street. 3. The paving.of the old health center site was reported to be in progress with the erection of a wall to precede the paving. 4. A retaining wall by the Cherokee Gardens Apartments was reported to be in the planning stage. 5. The Council asked J. E. David to halt progress on the paving of a third lane on Concord Road and So. Cobb Drive because of the undesirable quality .of .construction. Mr. David was asked to investigate the restructmring of the project. 6. No report was made on the paving of a third lane on So. Cobb Drive at Hess Oil by the State Highway Department. 2f� W All emergency storm drainage projects were reported to be completed or well in progress except LaVista and Parkway Drive. V A proposed annexation of 74 acres east of City of Smyrna property on Herodian Way was discussed as an information item pending the outcome of the City's application to the Georgia Water Quality Control Board for a temporary sewerage treatment plant. Joe Bork of Hensley -Schmidt wad asked to check again with the Georgia Water Quality Control Board on the progress of the City of Smyrna's application for a temporary sewerage treatment plant. A proposal was presented by Hensley -Schmidt concerning the nec- essary actions needed to construct.an adequate roadway and access roads to the Heritage Trace Apartments, Joe Anderson property and Herodian Way developments. The start up of the Heritage Trace pump station was discussed. It was reported by J. E. David that the power cable had been cut. . Concerning the 1969 Smyrna City Election to be held November 1, 1969, the Council took action -to bring the election procedures into compliance with the Georgia Municipal Election Code. City Attorney went over an outline of ordinance changes needed on a prepared outline form. The Council also approved separate polling places for each ward as follows: Ward I - Hawthorne Elementary School Ward II - Campbell High School Ward III - City Hall m .Ward IV - Brown Elementary School Ward V - Nash Jr. High School Ward VII-'Cherokee Medical Building Ward VII - King Springs School . Motion by C. W. Armour, seconded by C. 0. Canada, and approved unanimous ly. . _ John L. Hutson, Clerk of the Coutt of Ordinary of Cobb County and a member of the State Election Board, was chosen by'Council as the Election Superintendent.- The Council denied a request for a quit -claim deed to T. B. Godfrey and Shelby Hill for a portion of Cobb Lane now.adjacent to a part of Gibson's parking lot. Motion by Homer Kuhl, seconded by B. F. Stewart and approved unanimously. The Council received and opened bids for .the furnishingsfor the new Smyrna Police "Station. The bids for the seventeen (17) items requested were recorded as follows: 8 y T (Continuation of October 20, 1969 Meeting) Office Sales and Service - $3,817.15 J. P. Cranshaw $41432.50 Berman -Lipton $49225.97 Hallmart Office Supplies $3,936.60 .The bids were all referred to the Police Committee'for checkout as to specifications. J. E. David suggested a sign "School Crossing Ahead" to rectify the problem at Powder Springs and Hamby Streets. Also, the erection of two "No Left Turn" signs on So. Cobb Drive .as requested by two property owners. _ The Council approved a permit to demolish a house on Spring Road for Mrs. J. F. Smith. Motion by J. C. Porterfield, seconded by C.W. Armour, and approved unanimously. Calls received at the.City Hall concerning non -operable carsoon Roswell Street were referred to J. B. Ables for action. B. F. Stewart reported that an exchange of water customers with Cobb County was in progress. It was reported that the owners of the Lexington Apartments had not properly constructed the drainage on their property as per agreement with Mayor and Council at the time of 'their consttuction J. E. David was asked to check out the complaints. It was reported t,_,_ that the delinquent account of the Lexington Apartments was being brought up to date. The minutes of 9-8-69 and 9-22-69 were approved as submitted. Motion by C. 0. Canada, seconded by B. F. Stewart and approved unanimously. The September and three months cumulative financial report was reviewed by Homer Kuhl, fin-anceaGharirmati with the Council. Budgets highlighted for still needed improvement were Garage, Library and Sanitation. In final action the Council: 1. Agreed to quit -claim deed the land lying between 2730 and 2710 Spring drive to the two adjacent property owners (Mr. James and Mr. Massengale) provided that they bear the legal costs. Motion by C. W. Armour, seconded by C. 0. Canada and approved unanimously. (The.property per 1958 plat was recorded as an east west street at Spring Drive.) 2. Authorizdd the enforcement of an agreement by the builders of Heritage Trace Apartments to build a 54" drainage pipe so that f166ding of the nearby sewerage lift station could be avoided. There being no further business, the meeting was adjourned at 10:00 o'clock P. M. Next meeting November 3, 1969. October 21, 1969 Regular.Called Meeting A regular meeting October 21, 1969 was called to order at 6:00 o'clock P. M. by presiding officer Mayor G. W. Kreeger. All Councilmen present except R. .H. Wood of Ward #3. A motion was made by C. W. Armour, seconded by C. 0. Canada, to designate the meeting as a regular meeting. The motion was approved un- animously. Purpose was to appoint election managers and poll clerks for November 1st, 1969 City Election. On motion by J. B. Ables, seconded by B. F. Stewart, and approved unanimously, Mr. John L. Hutson, Clerk of the Court of Ordinary of Cobb County and a member of the State Election Board, was appointed as Superintendent of the City of Smyrna Election to be held November 1, 1969.