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.