11-06-1967 Regular MeetingNOVEMBER 6, 1967
The regular scheduled Council meeting, pursuant to the Charter,
was held at City Hall' Smyrna, Georgia '',November 6, 1967. The
meeting was called to order at 7:30 o'clock P. M. by presiding officer
Mayor G. W. Kreeger, all Council members present, including City
Attorney, Department Heads and Inspectors.
In the first order of business, Council certified election returns
of the Mayor and Council election held November 4, 1967 for the two
year term beginning January 8, 1968 as follows:
Mayor George W. Kreeger
Council Post Ward #1 C. W. Armour
Council Post Ward #2 J. B. Ables
Council Post Ward #3 R. H. Wood
Council Post Ward #4 Homer Kuhl
Council Post Ward #5 C. 0. Canada
Council Post Ward #6 J. C. Porterfield
Council Post Ward-# 7- B. F. Stewart
The returns in the above stated election were certified by twelve
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election managers, Glenn H. Hughes, Election Judge, and L. W. Charles,
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City Clerk. Motion by J. C. Porterfield, "We accept the certified
results of the November.4, 1967 election as recorded for the Mayor
and Council posts for the ensuing two years.beginning January 8,
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1968." Motion seconded by D. L. Mixon and voted unanimous.
A request was made in Council by Mr. J. N. Turner to assign a park
area, preferably Cobb Park, for the purpose and usage of young
football.players who failed to make the school teams in.1967. In
the discussion that followed, Mayor Kreeger referred the allocation
of an area forrfootball,practice and team activities to the parks
committee for action to be presented in Council during the Spring
of 1968.
The request of Clarence Canada to grant permission allowing the
Nash -Wills Stadium Boosters to form bucket brigades on November 18,
1967 was approved by Motion J. C. Porterfield, seconded by R. H. Wood.
The advertised zoning petitioA of 0. W. Jones and M. F. Davis on
East Spring Road came up for hearing to -rezone their property from
R-1 and District !'C".. to C-1 commercial property. On the question
by Council regarding the type of structures or businesses to be
erected in the C-1 area, the petitioner called out laundry, beauty
shop, drug store and Big Apple grocery store. C. W. Armour's motion
which carried unanimously, rezones the affected property as advertised
from R-1 and "C" District to C-1 local commercial area and hereby
restricted to neighborhood shopping center. The motion as stated
was seconded by Councilman Homer Kuhl.
The Council granted a Land Use Permit for a flower shop located at
_685_Cherokee Road which automatically changes the zoning from
District "C" to.C-1 commercial. The Land Use Permit advertised per
Ordinance was submitted by the AAA Flower Shop and approved on
motion by D. L. Mixon, seconded by Homer Kuhl, and voted unanimous.
Mr. H. L. Scoggins requested that the City.quit claim a 20 foot
strip of land from King Street westerly to Reed Street on the property
of Mrs. Gilbert. In discussion, Mayor G. W. Kreeger referred this
item to City.Attorney Berl T. Tate for research and report.
In connection with the request to quit claim a north -south alley
from Love to Church to the Methodist Church (spokesman Ernest Jones)
it was agreed by the Mayor and Council and authority given to
Attorney Berl.T. Tate to draw up legal documents for church parking
usage only. The motion by J. B. Ables, seconded by R. H. Wood,
further states that said alley shall never be closed to pedestrian
traffic and that the City reserves a permanent easement over the
land. The vote on the motion was unanimous.
(Continuation of November 6, 1967 Meeting)
The petition to rezone sixteen parcels of land on the east right-
of-way of South Cobb Drive.beginning with the existing zoning at
Oakdale Drive, thence southerly to the intersection of McCauley
Road (McCauley Road being the southern limits of the City -of Smyrna)
was presented in Council with a request to rezone from R-1 residential
to District "C" commercial area. The Council on motion by Homer
Kuhl, seconded by C. W. Armour wiLich carried, set the date for public
hearing on December 4, 1967.
A petition was submitted in Council by Attorney Carl H. Cofer to
rezone the property of -Bernard Jaffee on the north right-of-way
of Smyrna -Powder Springs Street from R-1 residential to R-2-
multiple housing. The zoning requested affects lots 1, 2, 3, 4,
5, 6, and 8, thus deleting lot 7, now owned and occupied by J. E.
Crane. The petition lists.tract number 1 as lots 1 through 6, and
tract number 2 calls out lot #8 only. The motion of Homer Kuhl
sets the hearing date for the.above mentioned zoning petition for
December 4, 1967. Motion seconded by D. L. Mixon and carried.
The Council voted to deny an annexation request which was tied in
with,a building permit for a malt beverage package store permit at
the intersection of the east right-of-way of Concord Road and North
Cooper Lake Road, a parcel' of land 250. foot frontage and 365 feet
more or less in depth. The owners of the property, Mr. Bill Reed
and Sam Theodocion. Councilman D. L. Mixon moved that the property
be annexed into the corporate limits ofthe City of Smyrna under the
existing regulations and further moved that the malt beverage license
be approved subject to all the codes called out in the malt beverage
Ordinance. The motion was seconded by J. C. Porterfield. Voting
for the motion, D. L. Mixon and J. C. Porterfield. Voting against
the motion, J. B. Ables, Homer Kuhl, R. H. Wood, B. F. Stewart and
C. W. Armour.
Building permits recommended by inspector C. M. Hamby were approved
by unanimous vote as follows:
Applicant
Description
Location
Motion Second
Ask -Kay Electric
Antenna from 100'
J.B.Ables
D.L. Mixon
to 1401
Ventura Rd.
Ask -Kay Electric
Plastic roof
Ventura Rd.
J.C.Porter-
B.F.Stewart
sign 41 x 41
field
,Atlantic -Co. _
7-11 Store____
Concord,Rd.
Homer Kuhl
D.L. Mixon
1
at Lusk '
W.B. Sanders
2 signs near
King St.
J.B. Ables
B.F. Stewart
drive way
W.B. Sanders
l sign at
King St.
J.B. Ables
B.F. Stewart
intersection
MEMO: Funeral Home signs subject
to approval
of Chief of
Police.
MacDonaldts'
71x201 sign
Cherokee
Application
rejected
Drive -In
Road
J..B. Ables
J.C. Porterfield
A building permit was approved for petitioner E. A. Reeves for 60
apartment units located at the west end of Medlin Street. The permit
was issued on motion J. B. Ables, seconded by B. F. Stewart, subject
to any and all prior agreements recorded in the Mayor and Council
minutes and subject to City of Smyrna zoning regulations. .Vote on
the motion was unanimous. The second motion by J. B. Ables sets a
limitation to a 20 foot side and rear yard set back. Motion seconded
by Homer Kuhl and voted unanimous.
The minutes of May 15, 1967 record the approval of a traffic signal
on Cherokee Road at the intersection of Ward Street. Tenneco Oil
Company officials stated in the above dated meeting to.reimburse the
full cost of the traffic signal and to install sidewalks per the
recorded motion. Two bids were received and opened in Council for
the traffic control device as follows:
Thomas B. Combs, Atlanta, Ga. $31823.93
Frank R. Parker, Tucker, Ga. 29373.70
lob
(Continuation of November 6, 1967 Meeting)
The motion of Homer Kuhl referred both bids to the City Consultant
Engineer for tabulation and check out to specifications.
Mr. J. E. David reported that the main water facility in Deerwood
Unit #2 has been completed and further that the compound meter
(Neptune) is scheduled for arrival November 22, 1967. Mr. David
was requested to establish a cut off date of Cobb County water
billing in Deerwood Unit #1 and #2.
An agreement was reached in Council authorizing the $800 expendi-
ture for drain pipe at the Belmont Hills School area, the cost of
this improvement to be borne by the Board.of Education, D. T.
Roebuck, and the City of Smyrna, in the amount of $266.67 each.
A motion by R. H. Wood, seconded by Homer -Kuhl, authorizes,a check
be drawn in the amount of $266.67 payable to the Cobb County Board
of�Education, this check to be withheld pending receipt of invoice
and completion of the drain ditch by the Board of Education. The
motion carried.
Lo Mayor Kreeger announced that the Cobb County Board of Education
will in 1968 transport all school children living outside a two
mile radius. In connection with this, the Council proposed a study
W of additional sidewalks required.
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V Public Works Superintendent J. E. David submitted an analysis
calling out 402 street name sign plates at a cost of $6712.38.
The motion of Councilman Homer Kuhl authorizes the purchase and
installation of street name signs, the cost of the materials and
labor to be spread through the current fiscal period or when street
department capital funds are available. The motion was seconded by
R. H. Wood and voted unanimous.
Councilman-C. W. Armour reported on delinquent sanitation fees both
residential and commercial, and requested the sanitation gupervisor
to submit letters on all delinquent bills of record. A motion by
C. W.;Armour,authorizes the cost of Container repair at Gino's
pPizza, South Cobb Drive, shall become part of the regular monthly
billing. The motion seconded by B. F. Stewart was voted unanimous.
MEMO: Damage reported is the result of burning trash in City
equipment.
Authority was given to let bids for two police cruisers to be
opened in the meeting scheduled December 4, 1967. -Motion by Homer
Kuhl, seconded by B. F. Stewart.
Financial reports, September 1967 and Year -To -Date, were distributed
by J. B. Ables in Council with .comments by Mayor G. W. Kreeger
relating to the unbudgeted expenditures such as sidewalk engineering,
Ward Street widening, curb, gutter & drain pipe, City Hall addition,
traffic signals, and relocation of facilities, _ Spring Street.
widening project.
The October 2 and October 16 Minutes submitted to the Mayor and
Council were approved on motion by J. B. Ables, seconded by C. W.
Armour, and voted unanimous.
-Agenda completed.
City Attorney Berl T. Tate submitted to the Mayor and Council -a
copy of a suit brought against the City of Smyrna, Marietta, and
Cobb County, in connection with opening stores for business on
Sunday. The petition was signed by S. S.,Kresge (K-Mart) and Zayre's
Department Stores. The motion by J. B. Ables, seconded by C. W.
Armour which carried, authorizes the City Attorney to defend the
suit against the City of Smyrna. MEMO: See February 20, 1967 Minutes
with reference to Council action prohibiting the.Zayre Store in
Smyrna from operating on Sunday.
Letters were read in Council from Gareth E. Ivey,.owner, and Marion
H. Givins, Attorney, with reference to damage to Mr. Ivey's property
at 785 Spring'Street, Smyrna, Geogia. Claim for damage calls out
sewerage -overflow in basement and loss.of rent due to barriers
preventing ingress and. egress. Referred by Mayor.G. W. Kreeger
to J. E. David for check out and report.
102
(Continuation of November 6, 1967 Meeting)
The second letter addressed to the Mayor of the City of Smyrna
from Attorneys Payne, Barlow and Green refers to damages claimed
in an accident on July 18, 1967, involving a City of Smyrna
garbage truck and automobile driven by a Mrs. Grace Cole in the
area of Austell and Pat Mell Roads. Copy of letter forwarded to
Mr. Robert -Fowler for follow up.
Improved properties on Pinehurst Circle within the City limits
were permitted to secure septic tank permits on certain resi-
dential lots which at the time of annexation were known'to be
lower than,the sewer facility. Council requested that the City
Hall records be checked to determine any over -payment in con-
nection with City of Smyrna sanitary disposal taxes and monthly
water billings and reimbursement if any to be approved in the
Mayor and Council meeting scheduled December 4, 1967. Mr. J. E.
David to check and report.
There being no further business, a motion was made to adjourn.
The time 10:15 P. M.
The next meeting scheduled November 20, 1967.
NOVEMBER 20, 1967
The mid -month scheduled meeting of Mayor and Council was held at
City Hall and called to order November 20, 1967-at•7:30 o'clock
P. M. Mayor G. W. Kreeger presiding and all Council Members
present including Department Heads, Building Inspector and City
Attorney. Mr. Andrew Waldrop was present representing Philip-J.
Sutton on the east side sewer project.
In the first order of business, Mrs. V.'M. Edwards, 1082 Starline
Drive, appealed to the Council with reference to sewage backing
up into the residence, mostly during heavy rains. It was brought
out that Stasco Plumbing & City of Smyrna Inspector W. L, Westbrook,
were called in -on this problem which was partially resolved for
Mrs. Edwards with the installation of a check valve. Mayor Kreeger
further brought out that the problem was not theCity's responsi-
bility by reason the -house was built too_ low; however, it was
agreed that Stasco, Inspector Westbrook and Mr. J. E. David would
get together to help resolve the problem.
Mr. David Corn requested a permit be issued by the Council for
sale of Christmas trees at 191 Hawthorne Street, and further
requested permit for the sale of produce. This item deferred
for action by the Business License committee. The committee met
at 9:45 P. M. and the following decision submitted for the Minutes:
a. License, sale of Christmas trees, $15.00.
b. License, small grocery or fruit stand, pro -rated fee $12.50.
c. Display stand 30 square feet front on outside of building.
d. -Sale-of produce inside the structure only.
e. -Erection of signs per approval of building inspector.
Mr. Henry G: Kalb, Jr. -appeared in Council as spokesman fol- the
•zoning hearing of.,the-Porter and Chester property on East Spring
Road. Advertised petition requested R-1 residential to C-1
commercial area for the purpose -of a Sinclair Service Station.
Lay out, plats, and photographs of the structure on the land
were submitted showing concrete ornamental fence at the rear of
the business area with a statement that fast growing shrubs would
be planted along the -lot line dividing the business property from
the residential area.
Mr. Bill Brooks, next north of proposed station spoke it} o position
of the zoning. Members of. thk Bethel Baptist Church objec'ed to