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12-04-1967 Regular MeetingDECEMBER 4, 1967 A meeting of Mayor and Council was held pursuant to the Charter at City Hall December 4, 1967 at 7:30 o'clock P. M. Mayor G. W. Kreeger presided, all Council Members present except R. H. Wood of Ward ##3. City Attorney, Building Inspector, and Department Heads in attendance. The meeting was held in the new council room addition to the City Hall. The first order of business, per submitted agenda, called out a scheduled zoning hearing requesting zoning -of -seven residential lots in'LL 304 on the north right-of-way of Smyrna -Powder Springs Road. The petition requested Council consideration to change the zoning to A-2 Multiple Family Dwellings. Mr. Ray Newton, former owner of the property, acted as spokesman for the petitioner. Mr. Charles Cole, Clarence Canada and J. E. Crane were spokesmen for the twenty-eight citizens appearing in opposition to the proposed zoning. The petitioner referred:to the history of the Cobb County zoning of the*property, annexation to the corporate limits, the offer to sell the lots, and since the property is surrounded on theivarth and east by apartment structures that the zoning of the seven lots to R-2 would be the best and,highest use Lo of the land. d'{ )n 'Spokesman for the opposition called out existing traffic W _the hazards, noise from the existing apartment dwellers, and that vacancies U U in the Smyrna area at present were from thirty to forty percent. During discussion around the Council table, J._C.,Porterfield motioned the application of the petitioner for rezoning lots one through six and lot number eight in LL 304 be and is hereby denied. The motion seconded by B. F. Stewart and the Council voted unanimous. MEMO: A petition was submitted and filed for record covering approximately 96 names of citizens within the area of -the proposed zoning. The petition for rezoning submitted by Colonial Realty Company, Inc. as advertised covering sixteen parcels of land on the east right-of-way of South Cobb Drive from the southeast intersection of Oakdale Drive to the existing City limits at McCauley Road was next on the -agenda. The petition requested Council consideration to rezone from R=1 residential to District "C" commercial area. Mr. Jack Bonne was spokesman for the petitioners. No citizens were present in opposition. On t1e motion by J. C. Porterfield, seconded "by C. W. Armour, the petition as submitted and advertised was re- zoned from R-1 residential to District "Cl? commercial. The vote on the motion was unanimous. MEMO: District "C" zoning requires land use permits approved by Mayor and Council prior to development of the above mentioned lots for commercial purposes. The petition addressed to the Mayor and Council of Helen C. Crowson for annexation of her property located in LL 421 on the north side of Pat Mell Road, approximately four' acres, was discussed in Council and on motion of J. C. Porterfield was denied. It was brought out that the property was not contiguous to the corporate limits and said annexation would become part of the City of Smyrna annexation bill for approva-1 or denial in -the General Assembly. The previous zoning history in Cobb County was also called out. In further discussion, the Mayor called fdr.the vote which was unanimous on C. W. Armour's second to the motion. The second annexation petition was approved on motion by B. F. Stewart, seconded by D. L. Mixon, and voted unanimous. The property located in LL 339 covers 250 feet of land fronting on the south right-of-way of Cooper Lake Road at the intersection of Concord Road. The petitioners, W. M. Reed and Sam Theodocion. The following building permits upon recommendation of Building Inspector C. M. Hamby were brought before Council for action: Petitioner Item Motion Second William Ginb Martinizing Plant D.L. Mixon C.W. Armour Uoncord Road 301x80' next west Unanimous of Ma-Jik Market 10 ��_4 (Continuation of December 4, 1967 Meeting) Petitioner Pizza Inn Old Concord Rd. Item (McCurdy Property) Smyrna Container 261x35' Storage Corn Road Building Motion Second Homer Kuhl- C.W. Armour Unanimous- C.W. Armour J.C. Porterfield Unanimous William Kinney 21x3' sign mounted D. L. Mixon B.F. Stewart Old Spring Rd. on pipe standard Unanimous at Cherokee Artistic Sign Co. 1 Ma-Jik Market D.L. Mixon B.F. Stewart Concord Road Sign- - Unanimous Richard McDaniel One 51x7' sign J.C. Porterfield C.W. Armour So. Cobb Dr. for florist shop Unanimous Permit for sixty apartment units was issued on J. C. Porterfield's motion to E. A. Reeves subject to the waiver of side yard require- ments on building No. 1 from ten feet to six feet. The property is located at the west end of Medlin Street. Motion seconded by D.L. Mixon and voted unanimous. The application of J. R. Abrams to erect a filling station on the northwest right-of-way of South Cobb Drive on the Zayre property was per motion of C.-W.-Armour, seconded by D. L. Mixon, withheld on the recommendation of the building inspector for further study of the submitted plans and check out with City Attorney. The traffic citation #12521 refers to the traffic case in Recorder's Court of Mr. Walter C. Holmes of 2950 South Cobb Drive and calls out December 4, his appeal in connection with the dispositioncof his case. The Council heard the testimony of citizen Walter C. Holmes and police officer Karl Schmidt in connection with.the charge of speeding 50 M.P.H. in a 30 M.P.H. zone on Cherokee Road. Upon hearing the testimony, Councilman Homer Kuhl moved that the action of the Recorder's Court shall be and is hereby upheld. The motion seconded by D. L. Mixon and voted unanimous. Mr. Holmes was advised of -his right of appeal to the Superior Court. Two sealed bids were -received in Council covering two police cars. The specifications previously submitted for two 1968 police cars requested the bids shall allow for two 1966 trade ins. The bids: Strother Ford, Smyrna, Georgia t1 TT tT TT Total Day's Chevrolet, Acworth. Ga Car #1 Net $1828.20 Car #2 Net $2078.20 $3906.40 Total bid 2 cars Tess. trade ins $3265.02 Motion by Homer Kuhl that the submitted bids shall be subject to check out with the specifications and if in order a contract or purchase order be awarded to Day's Chevrolet, they being2the apparent low bidder. Motion seconded by J. C. Porterfield and voted unanimous. The Council approved per submitted statement from the sanitation department chairman the purchase of seven additional containers. The repair cost covering nineteen containers and ten containers (2-4-6 capacity) for new commercial establishments, expenditures within the current fiscal sanitation budget, was• irr the amount of $5, 344-. A motion by C. W. Armour, seconded by J. B. Ables, authorizes the purchase and repair of containers, all within budgetary control of the existing sanitation budget. The vote was unanimous-. The Council approved on C. W. Armour's motion, seconded by J. B. Ables, to increase the salary of the sanitation supervisor, V. M. Broyles, from $575.00 to $600.00 per month effective 1-1-68.. 109 (Continuation of December 4, 1967 Meeting) A request was submitted in Council regarding the 1967 taxes on the Georgia Richards property, Powder Springs Street, sold June 1, 1967 to the Four Square Church. It was brought out that at the time -of closing the property owner paid the first half of the 1967 taxes. The Four Square Church requested the City write off the last half 1967 taxes. The Council was in full agreement that full taxes on the property are due the City of Smyrna. A motion was made by J. B. Ables that the labor and 'materials cost to'install water lines at the Jonquil Stopping Center shall be negotiated and. settlement made within one week from this date in the amount of $800.00. Motion seconded by J. C.'Porterfield and voted unanimous. (See copy of invoice mailed 12=6-67 in connection with above.) Mayor G. W. Kreeger appointed a three man committee to check out 1967 engindering costs on"labor, materials and overhead by projects with the recommendation to the full council on the hiring of a full time City Engineer. C. W. Armour appointed Chairman. in In final action, J. B. Ables motioned that the City of'Smyrna comply fully with the laws covering open records, the City assuming no responsibility of typing or reproducing any City records requested. The motion seconded by D. L. Mixon and voted unanimous. U U There being no further business, a motion was made by D. L. Mixon to adjourn, the time 9:55 P. M. Next meeting December 18, 1967. DECEM BER 18, 1967 The mid -month meeting of Mayor and Council was held December 18, 1967 at 7:30 o'clock P. M. The meeting was the last scheduled meeting of Mayor and Council during the calendar year of 1967. Mayor Kreeger presided, all Council Members present except D. L. Mixon. City Attorney Berl T. Tate. absent due to sickness. In- spectors, Department Heads and the press were in attendance. In the'first order of business, Mr. Ernest Jones submitted in Council a quit claim deed,"City of Smyrna to the First Methodist Church, a tract of land approximately twenty-five feet in width and five hundred eighty feet from Church Street to Love Street and known per certain recordings as Clara Street. Quit claim deed dated December 18, 1967, signed and attested, and returned to Mr. Jones for recording. The second document submitted by -Mr. Ernest Jones was an easement granting the City'of-Smyrna all rights, privileges and usage of the tract called out above and formerly known as Clara Street. Said rights including a permanent walkway between Love Street and Church, and further that the dedicated land per quit claim deed be used for controlled parking of automobiles and never be closed to pedestrian traffic. " The following building permits on recommendation of building in- spector C. M. Hamby were approved as follows: One neon sign, King -Williams professional building, for Northi de Realty Company, approved on motion B. F. Stewart, second J. B. Ables, voted unanimous. One 8x12 foot -temporary sign requested by Smyrna Realty Company calling out the proposed shopping center on Spring Road, east of Argyle School. Motion C. W. Armour, second Homer Kuhl, voted unanimous. One 41x6' sign for C & B Realty Company, 564 Cherokee Road. Approved on motion by J. B. Ables, seconded Homer Kuhl and carried.