Dec 6/20, 1965150
DECEMBER 6, 1965
The meeting of Mayor and Council was held at City Hall, Smyrna,
Georgia, above date pursuant to the Charter and called to order by
Mayor Geo. W. Kreeger at 7;30 P.M. All members of Council were
present, also, department heads, building inspector and City Clerk.
City Attorney, Berl T. Tate, arrived at 9:15 P.M.
The first order of business per submitted Agenda called out
r~ three parcels of land for annexation to the City corporate limits,
said parcels located on East Spring Road, LL 810, Smyrna-Powder
Springs Road, LL 304, and on Hawthorne Street, LL 591.
The petition to~annex the Spring Road property in LL 810 was
submitted in Council with plats and legal descriptions of the eight
parcels of land for annexation. In discussion R. J. McCurry made a
restrictive motion to annex into the corporate limits of the City
of Smyrna, under existing county zoning, all the properties in LL
810 excluding the Board of Education as shown on plat of record.
The motion seconded J. C. Porterfield and voted unanimous. The
restrictions called out in the motion are as follows;
a. All rights of way shall be acquired at the county level.
b. City of Smyrna is not obligated concerning the acquisition
of the properties SUS 1383 and/or for the relocation and installation
of utilities in connection with the Spring Road project.
c. The parcels submitted for annexation per above dated meeting
shall be deleted from the Smyrna House Bill pending completion of
Items a and b.
d. Council agrees, with the provision, to include in the 1966
House Bill the above mentioned parcels for annexation into the
corporate limits and the petitioners agree to abide by all ordi-
nances, Bodes and regulations of the City and to pay City of Smyrna
regtalar taxes for the year 1967 on their properties or an amount
equivalent thereto for services rendered.
MEMO; It shall be understood that the minutes concerning
this 'KTQfB~ati on shall be null and void for 1966 annexation if Items
a and b are incomplete as of the date of submission of the Smyrna
House Bill to the General Assembly of Georgia.
< The second annexation namely the DeVille Apartments on Smyrna-
Powder Springs Road at the intersection of Old Concord Road was
submitted to Council for annexation per petitioner R. E. Newton.
The property was annexed per motion by J. B. Abies, under the
existing zoning of Cobb County which calls out apartment structures
at the intersection and R-1 residential on the westerly side.
Motion seconded by D. L. Mixon and voted unanimous. The petitioner,
R. E. Newton, agrees to abide by all the City ordinances and regu-
lations and to pay regular City taxes for the year 2967 on this
property or an amount equivalent thereto for City services rendered.
The third annexation is in LL 591 fronting 309 feet on Hawthorne
Street thence north 1200 feet and lying between the Hawthorne Elemen-
tary School and the new Smyrna Cemeterp. The petitioner Miss Julia
Wilkie, agrees to abide by all ordinances, codes and regulations of
the City, to pay to the City of Smyrna regular taxes for the year
1967 on the 15 acres more or less or an amount equivalent thereto
for City services rendered. The motion further states the peti-
tioner or agent or subsequent owner will furnish all sewerage
facilities plus lift station if required. The above motion by
R. J. McCurry, second J. B. Ables, and voted unanimous.
151
(Continuation of December 6, 1965 Meeting)
Building permits were issued on recommendations by the building
inspector as follows:
1. Rufus Guthrie for apartment structures, restricted, at the
rear of Poston Realty Office. The cost of drainage and building of
access road to be borne by the developer. Accepted on motion J.B.
Ables, second R. J. McCurry, and voted unanimous.
2. An 18 ft. addition to Mr. Fortner's warehouse on South
Cobb at Powder Springs was approved on motion by D. L. Mixon,
second J. C, Porterfield, and voted unanimous.
3. Permit to erect an 80 ft. to 100 ft. radio antenna for
Ask-Kay Electric Company was deferred pending additional informa-
tion and submission of an operator's license from CAA or FAA.
A petition for rezoning was submitted by Frank A. Lappas, agent
for the V. A. Davenport property on Medlin Street from R-1 to R-~
multiple housing restricted. Petition accepted and on motion by
J. C. Porterfield, second by R. J. McGarry, the hearing date was
set at January 17, 19b6.
A tract of land 209 ft. on the south side of Fleming Street and
313 ft. facing an area known as Parker Drive was submitted for
rezoning Prom R-1 to R-2 residential by petitioner E. A. Reeves.
The hearing date for rezoning the propert was set, on motion by
J. C. Porterfield, second by R. H. Wood, ~or January 17, 1966.
Council discussed the issuance of permits to allow mobile
homes in the City of Smyrna on the basis of known hardship cases.
During discussion Councilman R. H. Wood motioned to issue a permit
to Mrs. Trine Reed for use of a mobile home at 315 Hughes Street.
The motion seconded by D. L. Mixon lost on a vote of five to two.
Wood and Mixon noting for the motion.
Mayor G. W. Kreeger appointed a study committee with authority
to study and submit amendment to existing ordinance covering mobile
homes in the City. Chairman, J. B. Abler, members, J. C. Porter-
field and R. H. Wood. It was suggested to set a hearing date for
the first meeting in February.
Real estate appraiser for the City Robert Floyd Farrar re-
ported on the status of right-of-way purchases for Spring Road
project SUS 1383, stating total parcels in the City 63, total
options as of this date 34, definite rejections 20, undecided 9.
Mr. Farrar further stated that the nine undecided property owners
were given until December 10, 1965 to sign options or their cases
will be processed for condemnation.
Mr. J. L. Tatum requested Council direction concerning sewerage,
curbing and resurfacing of Daniell Drive from the intersection of
King Springs Road thence east on the south side of Daniell Drive,
It was browE~ht o t that Daniell Drive at the intersection of Ring
Springs Road is ~0 ft. in width and 50 ft. right-of -way at the
intersection of Dunn Street. On motion by R. J. McCurry, the
developer shall line up and install curb consistent with the 50
ft. right-of-way, and install sanitary sewerage facilities. Upon
completion, the City will pane the right-of-way to the curb lin®.
Motion seconded by J. C. Porterfield and voted unanimous.
Councilman J. B. Ables reported on his contact with the owners
of Maji+~ Wand on South Cobb at Bank concerning corrective action to
complete, per specifications, the sewer line from the building to
the trunk line at Stonecreek.
~,
A letter was read in Council from Cobb County Health Department
with reference to the condition and repair of garbage containers.
Councilman J. B. Abler requested to follow up and report.
15z
(Continuation of D®cember 6, 1965 Meeting)
The application for malt beverage retail license submitted
by Mr. W. H. Carson of the E-Z Food Shop was denied. Mr. Carson
presented an option for the property on the northwest corner"Sf
Concord Road and Lusk Drive. Council required a building permit
and completion of the structure prior to consideration of a malt
beverage license.
Council acc®pted financial reports covering September and
October departmental operations and agreed on R. J. McCurry~s
motion to change the Street Department budget as follows:
Delete the title (Georgia Power Notes Payable)
Add the title (Capital Improvements -Storage House)
It was further agreed that no budgetary control figures are
to be adjusted.
On motion by J. B. Ables minutes for October 4 and 18 were
approved as submitted. On motion by R. J. McCurry the minutes for
November 1 and 15 were adopted as corrected.
Councilman Homer Kuhl and J. A. Bailey presented the Council
with the status of the new City fire station. A motion was made by
Homer Kuhl, seconded by R. H. Wood which passed, authorizin a 1000
sq. ft. storage room in the lower level of the new fire sta~ion
structure. This deviation from the original plans which called for
a basement earth-fill was estimated to add $1000 to the original
cost estimate.
Council voted unanimous on J. C. Porterfield~s motion to up-date
City zoning and annexation maps.
In other action, the Council:
a. Discussed preparation and submission of the City of Smyrna
House Bill for 1966 to Cobb County representatives.
b. Discussed the mailing of 1966 business licens® invsices
and recommended that business licenses or permits issued in resi-
dential areas shall be reviewed annually.
c. Approved closing the City Hall for the Holidays at the
close of operations on December 23 for Christmas and December 30 for
New Years Day. Motion by R. J. McCurry and voted unanimous.
d. The drainage problem called out by C. M. Chapman in the
area of the Belmont School play ground was referred to Councilman
J. C. Porterfield for corrective action.
e. Voted unanimous on Homer Kuhlts motion to stop construction
of the Cherokee Gardens Apartments pending installation of a six
inch water line and fire hydrants as per City of Smyrna specifications.
In final action, the Council voted six to one on Hom®r Kuhl~a
motion to adopt as read a Resolution requesting that the Cobb County
legislative delegation repeal a certain amendment pertaining to the
City Recorder as adopted at the 1965 session of the General Assembly.
The motion second®d by R. J. McCurry carried, C. M. Chapman voting
against the Resolution. Copy of said Resolution reproduced and made
a part of the above dated minutes (Attached).
Motion to adjourn, 9:55 P.M.
Next meeting D®cember 20, 1965, 7:30 P.M.
153
DECEMBER 20, 1965
The scheduled mid-month meeting of Mayor and Council was held
at the City Hall, Smyrna, Georgia, December 20, 1965, and called to
order at 7:30 P.M. Mayor G. W. Kreeger was absent and presiding
ir_ his absence was Mayor Pro-Tem R. J. McCurry. Members of Council
present; J. C. Porterfield, Homer Kuhl, J. B. Abler, C. M. Chapman,
R. H. Wood and D. L. Mixon. Also present, City Building Inspector,
Attorney, and Clerk, plus departrrlent heads and the press.
Tn the first order of business, Council was presented a
si~;ned petition by home owners in the area of 390 Concord Road,
the former residence of Mrs. Elizabeth Shirey. Mrs. Shirey
operated a one chair beauty shop at this address up through tY7e
years prior to her moving to HawtYiorne Street. On the basis of
the petition, Councilman J. B. Abler motioned that a use permit
b® granted to Mrs. Elizabeth Shirey for a one-chair beauty shop
at 390 Concord Road subject to the following conditions: no signs
to be erected, no parking on Concord right-of-way, r_o employees
shall be hired in this operation. Motion seconded by J. C.
Porterfield and voted unanimous.
Mr. C. J. Griffin of Kennesaw was granted permission to dis-
mantle and transport all materials of the Jackson Home on Bank
Street. Tear dcwn in this instance means clean up of debris,
enter and sign a legal contract, and evidence of insurance coverage.
The motion by R. H. Wood, second by Homer Kuhl and carried.
The Leonard property on Powder Springs Street at Sanford Road
came up for hearing. The petitioner, Mr. Bernard Long requested
rezoning from R-1 to R-2, town. houses, restricted. He proposed to
build 39 units on the 2.87 acres with 62 parking spaces for auto-
mobiles, each unit with a market value of $13,500 to $14,500. There
were 28 people in the area of influence in attendance opposing the
rezoning who presented the usual objections. During the discussion,
Councilman Homer Kuhl moved the application for rezoning be denied.
Motion seconded by R. H. Wood and voted unanimous.
The zoning petition, R-2 to "C" District, covering the Military
Corporation properties on Corn Road was deferred pending final
determination on Spring Road right-of-way acquisition.
The request for annexation and zoning for the J. E. Lavern
property on Corn Road was deferred pending submission of plats and
legal description.
The annexation petition submitted by Mr. W. M. Reed was in-
corporated into the City limits under the current county C-1
zoning classification or. moticn by D. L. Mixon, second J. B. Abler,
and passed on a five to one vote, C. P4. Chapman voting against.
MEMO: The property located at the intersection of Concord Road
an~~+to. Cooper Lake Road will be developed into convenience type
stores; approval of all building permits through Council action;
and shall be included in the ward maps in the City of Smyrna in
Ward No. 7. It is also noted in the minutes that the petitioner
shall abide by all City ordinances, codes and regulations, shall
pay 1967 ad valorem taxes or an amount equivalent thereto for City
services rendered.
Building Permits (Issued on recormnendation of building inspector)
Petitioner and Location Description
Ask-Kay Electric Radio antenna
Ventura Road tower
Smyrna Federal S & L Sign
Assn., Crierokee Rd.
Disposition
Approved, motion J.B. Abler
second, J.C. Porterfield
Approved, motion J.C. Porter-
field, Second, Homer Kuhl
154
(Continuation of December 20, 19b~ Meeting)
Building Perrrits cont~d
Duke Tire Co. Retail Store Approved, motion, J,C. Porter-
field,. second, J. B.. Abler
(30 ft. rear yard set back
waived to 25 ft.)
Johnny Reb Food Stores
~'"" So
C
bb D
i Retail Store Approved, motion, J.B. Abler,
.
o
r
ve second, J. C, Porterfield
(Sub,ject to soddin. banks
to prevent erosion
Johnny Reb Food Stores Retail Store (Denied, on basis of re-
Cherokee Road
(W
C
F
tt strictive zoning of 6-24-1)
.
.
a
erson Motion, J. C. Porterfie ld
property) ,
second, C. M. Chapman
Palmer & Henson Garage sign Approved, motion J.B. Abler,
So. Cobb Drive second, Homer Kuhl
Council requested amended plans showing additional storage area
and wash roorri facilities to be erected at the rear of the main
structure of the R. E. Maxwell grocery store on So. Cobb Drive.
Storage area to include outside doors with inside doors from
the main structure to the wash rooms. It was the council opinion
to assign sole authority to the building inspector pending com-
pliance of all City building codes pertaining to the erection of
this structure. The above on motior. of Homer Kuhl, second C. M.
Chapman, and voted unanimous.
Mr. Berl T. Tate, City Attcrneg•, brought the Council up to
date on the Spring Road progress and stated h® expected to close
out all options by the end of the year.
Council discussed the sanitary sewer installation in Bennett
Woods Unit No. 4 and on motion by J. B. Abler, Bennett Realty
Company was authorized, per City regulations, to install the
sewerage system, the City waiving the $200.00 per unit tap on.
Motion seoonded by Homer Kuhl and carried.
Consultant engineer, Philip J. Sutton, reported that all
surveys regarding relocation of Spring Road facilities were
complete and that ch eck out with the State Highway Department
was in progress to determine estimated cast,
Attorney Berl T. Tate read in Council a proposed ordinance
to amend the City of Smyrna Charter removing the 1965 requirement
that the City of Smyrna Recorder be an active member in good
standing of the State Bar of Georgia. (S e® Ga. L. 1965, P. 3023).
A notice of intention to amend the Charter of the City of Smyrna
was authorized for publication. in a newspaper of general circu-
lation for a period of three weeks beginning December 23, 1965
through January 6, 1966. The discussion of the ordinance to amend
the City of Smyrna Charter and publication of same came on motion
by Homer Kuhl, second by R. H. Wood. Motion passed five to one,
C. M. Chapman voting against.
~,,,,~. Councilman Homer Kuhl discussed salaries, sick leave policy,
and earned vacations in connection with. on-the-fob injuries of
Sgt. J. L. Edge and Capt. Carl Carson, and in discussion moved
that the City shall pay the going salary concerning the above
two in,)ured employees, less any and all compensations received
by the said inJured employees from insurance coverage carried
by the City. Th~.s policy in effect above date and retroactive
in above cases to the date of injury and shall be in force for
a pez~iod of 16 consecutive weeks after all current sick leave
and vacation allowance is absorbed. Motion seconded by C. M.
Chapman and voted unanimous. MEMO: It was recommended that the
Mayor and Council consider a salary payment policy when securing
bids covering insurance of City employees in the future.
155
(Continuation of D®cember 20, 1965 Meeting)
Financial reports for October were distributed and the Minutes
covering the meeting held at City Hall December 6, 1965. On motion
cf J. B. Ables, second by J. C. Porterfield, the Minutes of December
6 meeting werE adopted as corrected.
The surplus of one jeep was referred to Councilman Homer Kuhl
for action and report.
The December meeting of the Cobb County Municipal Association
was set for December 28, 1965, 7:30 E.M., at the Marietta Country
Club. Ten members from the City of Smyrna stated they would attend.
The Council approved the Hensley-Schmidt invoice covering
engineering for the months of Sbptember, October, November 1965 in
the amount of $1,635.90.
Motion by Homer Kuhl directing
became an active meiaber in the Cobb
second by J. B. Ables and carried.
Fire Chief C. C. Porterfield to
County Fire Chiefs Association,
In final action, the motion by J. B. Ables authorized City
officials to sign quit claim deed from property owners on Belmont
Circle whicr. calls out the dedication of a 40 ft. right-of-way
on the east right-of-way of the John Ward property. Motion seoonded
by D. L. Mixon and voted unanimous.
Motion to adjourn 10;00 P.M.
Next meeting, January 3, 1966, 7:30 P.M., City Hall, Smyrna, Ga.
Above dated Minutes (12-20-65) represent final meeting of 1965.
During the year 27 regular and called meetings were held and recorded
in the finalized P•sinutes, Page No. 83 through Page No. 155•
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CITY OF SMYRNA - CHARTER AMENDED
An Ordinance to amend an Act creating a new charter for the City of
Smyrna, approved August 27, 1931 (Ga. L. 1931
particularly by an Act approved March 15, 1943 (Ga95L>~1943amended
an Act approved February 25, 1949 Ga. ~ P• 1586),
approved February 25, 1953 Ga. ( L. 1949, p. 1325), an Act
an Act approved March 4, 1955 (Ga. L951955an.-Feb. Sess., p. 2591),
February 13, 1956 Ga. L, ~ P• 2656), an Act approved
1957 Ga. ( 1956, p. 2265), an Act approved March 5,
( L. 1957, p. 2540), an Act approved February 11, 1958 (Ga.
L. 1958, p. 2032), an Act approved March 25, 1959 (Ga. L. 1959, P.
3217), an Act approved March 17, 1960 (Ga. L. 1960, p. 2505), an Act
approved March 28, 1961 (Ga. L. 1961, p. 2571), an Act approved March
2, 1962 (Ga. L. 1962, p. 2550), an Act approved March 20, 1963 (Ga. L.
1963, p. 2424), an Act approved March 11, 1964 (Ga. L. 1964, p. 2913),
and an Act approved March 31, 1965 (Ga. L. 1965, p. 3023), so as to
amend said charter as amended in order to remove the requirement that
the Recorder of the City of Smyrna be an active member in good stand-
ing of the State Bar of Georgia; to repeal conflicting laws; and for
other purposes.
Be it ordained by the council of the City of Smyrna and it is hereby
ordained by the authority of same:
Section 1. An Act creating a new charter for the City of Smyrna,
approved August 27, 1931 (Ga. L. 1931, p. 955), as amended particularly
by an Act approved March 15, 1943 (Ga. L. 1943, p. 1586), an Act approved
February 25, 1949 (Ga. L. 1949, p. 1325), an Act approved February 25,
1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2591), an Act approved March 4,
1955 (Ga. L. 1955, p. 2656), an Act approved February 13, 1956 (Ga. L.
1956, p. 2265), an Act approved March 5, 1957 (Ga. L. 1957, p. 2540),
an Act approved February 11, 1958 (Ga. L. 1958, p. 2032), an Act approved
March 25, 1959 (Ga. L. 1959, p. 3217), an Act approved March 17, 1960
;~ (Ga. L. 1960, p. 2505), an Act approved March 28, 1961 (Ga. L. 1961, p.
2571), an Act approved March 2, 1962 (Ga. L. 1962, p. 2550), an Act
approved March 20, 1963 (Ga. L. 1963, p. 2424), an Act approved March
11, 1964 (Ga. L* 1964, p. 2913), and an Act approved March 31, 1965..
` ~~ (Ga. L. 1965, p. 3023), is hereby amended by deleting the third sentence
of Section 35, which reads "Said recorder shall be an active member in
good standing of the State Bar of Georgia," so that when amended said
section of said charter shall read as follows:
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~.:,; ~ - _
..~, ,
"Section 35. Be it further enacted, that there is hereby
created a recorder's court for the trial of all offenders
against the laws and ordinances of said city. Said court
shall be presided over by a recorder. Said court shall have
the power to preserve order, compel the attendance of witnesses,
compel the production of books and papers to be used as evi-
dence, to punish for contempt, and to exercise all the powers
incidental to a police court. Said court shall have the
power to punish violations of this charter, or of any ordinance
of said city, by a fine not to exceed two hundred dollars, by
imprisonment in the city jail not to exceed ninety days, com-
pelling attendance at the City Traffic School, and to punish
for contempt for failure to attend, or by work on the streets,
sidewalks, or public works of said City of Smyrna, not to
exceed thirty days, or by one or more or all of these punish-
ments, as the recorder may in his discretion see fit to impose;
provided, however, that all violations of city ordinances for
which the defendant shall~be entitled to a trial by jury .upon
being bound over to a higher court shall be punished by a fine
not to exceed three hundred dollars, by imprisonment in the
city jail not to exceed 90 days or work on the streets, side-
walks or public works of the city not to exceed 30 days or by
one or more or all of these punishments as the recorder may in
his discretion see fit to impose in the event the defendant
voluntarily waives trial by jury and is found guilty by the
city recorder upon a trial in said recorder's court. The
fines imposed under this section may be collected by execution
against the defendant and against his property."
Section 2. Be it further enacted, that in the event of any
section, subsection, sentence, clause or phrase of this Ordinance;being
-2-
declared or adjudged invalid or unconstitutional, such adjudication
shall in no manner affect the other sections, subsections, sentences,
clauses or phrases of this Ordinance, which shall remain of full force
and effect, as if the section, subsection, sentence, clause or phrase so
declared or adjudged invalid or unconstitutional was not originally a
part hereof.
Section 3. The provisions of this Ordinance become effective
immediately upon its being passed by two consecutive meetings of the
Council of the City of Smyrna not less than seven nor more than sixty
days apart.
Section 4. All laws and parts of laws in conflict with this
ordinance are hereby repealed.
Section 5. Be it further ordained, however, that all powers
belonging to said city, as now incorporated, and all rules, ordinances
and regulations of said city, not in conflict with this Ordinance, shall
be and reamin in full force and effect.
`~ ~~
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