02-04-1963 Regular MeetingFebruary 4, 1963
2'0 9
The regular meeting of Mayor and. Council, pursuant to City Charter, was
held at City Hall, the first Monday in February at 7:00 o'clock P.M. Mayor
J. B. Ables presided., all council members present except W. L. Keck, by
reason of his attendance at seminar in Detroit, Michigan.
Dr. William C. Patterson requested. -solution of a water drainage problem
in area of Belmont Citcle and. the medical building. Corrective action was
authorized. by Council on motion by R. J. McCurry, second.ed. by H. E. Ingram.
Voted. unanimous.
i
The following amendment to the Smyrna Comprehensive Zoning Ordinance was
adopted as submitted. by G. Gonley Ingram, and. passed, on motion by H. L.
Smith, second.ed. by H. E. Ingram. /
AMENDMENT TO SMYRNNA COMPREHENSIVE
ZONING ORDINANCE
BE IT ORDAINED by the Mayor and. Council of the City of Smyrna, and it
is hereby ordained by authority of the same as follows:
Sub -paragraph F under Section 2 of the Comprehensive Zoning Ordinance..
of the City of Smyrna heretofore adoptedas the official zoning ordinance
of the City of Smyrna is hereby amended, by adding a new Sub -paragraph under
Paragraph F of Section 2 of said. ordinance to be known and designated. as
Sub -paragraph 8 of said Paragraph and. Section which shall read. as follows:
"In each instance where an applicant for rezoning requests the Mayor .
and. Council to rezone property for a specific use and. type of
structure the granting of such rezoning by the Mayor and. Council
shall be limited. to such use and. structure and any other use of,
or structure on, said. property shall be d.eemed. a violation of
this ordinance for each separate day such unlawful use of, or
structure on, said. property continues."
There s no official action on the proposed. amendment to the zoning
ord.inance pertaining to the erection of signs during the period required
prior to hearing of zoning applications. Proposed. amendment filed. and.
deleted from the minutes of above date.
A strip of land.in Landlot #486 of the 17th District, 2nd. Section, Cobb
County, Georgia, known per plat as Dunton Avenue extension (30' wid.e)
d.ed.icated.for a public use, but having never been opened for public use,
the Mayor and. Council of the City of Smyrna declared. the said, strip of
land, relinquished. equally to grantees by Quit Claim Deed., the west one-
half of that portion of Dunton Avenue (15' in wid.th) to J. M. Gibson, and.
the east one' -half of Dunton Avenue extension (15' feet in width) to V. A.
Davenport. Quit Claim Deeds, City of Smyrna, to J. M. Gibson and. V. A.
Davenport filed for record February 6, 1963.
Mr. J. M. Gibson submitted. in council plat of proposed apartment project
in connection with his application to rezone property in Land.lot #486
(per publication of record.) from R-1 Residential to R-2 Multiple Family
Housing. No citizens appeared. in opposition. Corrections in legal
d.escrllption of the property advertised were called. out and changed. per
agreement. Motion, J. B. Rhodes, "We rezone the property described. per
publication, including any corrections thereof and. the strip of land.
granted by Quit Claim Deed. from R-1 Residential to R-2 Restricted (Multiple
Housing.)." On R. H. Wood.'s second., the vote was unanimous. MEMO: Building
• permit, plats covering drainage, streets and. structure to be submitted. to
council by developer.
Council set February 18, 1963, at 7:00 P.M. for hearing on zoning appli-
cation of M. W. Kinney, Land.lot #374, Lot #12, Block "W', known as 512
Beverly Hills Drive, said lot contiguous with existing commercial area.
Motion, H. E. Ingram, second. by R. J. McCurry, motion carried..
Council discussed. the ownership of land. referred. to in previous minutes
as Benmac Road. extension or d.rainage easement. The plat of record., Book
No. 10, Page 145 of 1953,-54 Cobb records shows said. strip of land., 50' in
width, 1,0751, running westerly from Trailwood. Drive at Benmac Road. to the
east sid.e of South Cobb Drive. For the record., City of Smyrna owns 745'
of said strip, beginning at Trailwood. and. Benmac Road., thence west from
said. intersection to a point 330' east of South Cobb Drive.
2 10 February 4, 1963 = Cont ' d..
ANNEXATIONS
Consultant Engineer Phillip Sutton, of Hensley and. Associates was requested.
to expedite and. coord.inate with City Clerk all annexations to corporate
limits of record during calendar year of 1962. To be submitted. to City
Attorney on or before February 7, 1963 including the following parcels:-
Mackenna on Spring Road., White on King Springs Road., Brown on Lee Street,
Henderson and. W. M. Reed. on Lee Street, all parcels on Dogwood Circle,
Coker on Colby Court and others per minutes of this date. MEMO: -
updating city perimeter per linen map submitted. by City Clerk was requested.
including all annexations of record. from Hickory Hills (Fred. Fete, Jr.)
up to and. including Bennett Woods, Unit No. 2; Bank of Smyrna, Brawner
properties, Argyle School, and. treatment plant off North Cooper Lake
Roa d..
ANNEXATION
(1) Per letter, plat and petitions signed. at City Hall, the
property of E. E. Bennett and. R. B. Bennett, known as Bennett Woods,
Unit No. 2, Land.lots 337-338, per Plat Book 25, Page 5, Cobb County records,
was incorporated. into the City limits of Smyrna with stipulations that the
developer will pay for all sewerage, water lines, lift station facilities,
all paving, curbs, hyd.rants, water service lines and. meters; the City to
furnish street lights, street markers and. the labor for installation of
water facilities for above mentioned. Unit No. 2. Motion by H. L. Smith,
second. by R. J. McCurry to annex Unit No. 2 (38 lots) of Bennett Woods
Subdivision into the corporate limits of the City of Smyrna and further,
said. developers, E. E. Bennett and. R. B. Bennett shall abide by and. d.evelop
Bennett Woods Unit No. 2 in full compliance with all existing ordinances,
cod.es and. regulations 6f the City of Smyrna and. pay to the City of Smyrna
all regular taxes as applicable for the calendar year of 1964 or an amount
equivalent thereto for city services rend.ered.. The vote on annexation of
above was unanimous. .
(2) A parcel of land. in Landlot #301 of 17th District, 2nd, Section,
Cobb County, Georgia, per plat submitted. by Watts & Browning, Engineers,
(revised 12-14-62) was annexed. into corporate limits of City of Smyrna
for a site of Bank of Smyrna Branch. Property fronts 100' on South Cobb
Drive, thence east and. north around. the lot line of a Shell Oil Station
to the South sid.e of Pat Mell Road., thence 1361 east on the South sid.e of
Pat Mell Road. to the west side of Old Concord. Road., thence south on the
west side of Old Concord. Road. 238 feet to a point, thence west 205 feet
to the South Cobb Drive right-of-way and. the point of beginning. Motion _
to annex above described property by R. J. McCurry as C-1 Commercial area,
second by H. Y. Ingram. The motion was voted. unanimous. Regular taxes
and procedures apply and. applicable to 1964 assessments or reimbursement
to the City equivalent to services rend.ered..
(3) The Brawner Hospital properties located. at No. 2932 South
Atlanta Road. were annexed. to corporate limits of the City of Smyrna
(exclud.ing that portion of land. previously annexed. per finalized. minutes).
Motion by R. J. McCurry authorizes annexation of the Brawner Hospital
property pending receipt of.formal request in writing and. legal d.escription
of property submitted. to City Hall. Motion carried. on H. E. Ingram's
second.. MEMO: Property annexed. shall be zoned. comparable to present Cobb
County zoning.
(4) Motion by R. J. McCurry, second by H. E. Ingram, the Cobb
County Board. of Education properties located. on Spring Road and. known as
Argyle Elementary School is,hereby annexed. to corporate limits of City
of Smyrna, und.er existing Cobb County zoning classification, pending
formal request in writing and legal d.escription of property submitted.
to City Hall. Vote on the motion was unanimous.
(5) Motion by H. L. Smith to annex the property located. in Cobb
County, owned. and. operated. by City of Smyrna as a sewerage treatment
and disposal plant off North Cooper Lake Road., was per the motion,
officially annexed. to corporate limits of the City of Smyrna pending legal
description of acreage involved.. Second.ed. by H. E. Ingram. The motion
c a rri ed..
Councilman H. E. Ingram reported. on highway surveys in progress and. called.
on Consultant Engineer Phillip Sutton for his report on street and. curb
problems and. current schedule. Plat submitted. from Mr. Joe Price presented.
in council showing present right-of-way of Concord. Road. from Atlanta St.
to South Cobb Drive. Referred. to Engineer. Suggestion was heard. to appoint
February 4, 1963 - Cont'd- .� T .
committee on rights -of -way, Old 41 Highway to meet with Chamber of Commerce
Committee for subsequent report.
Locating a scout but in northwest area of Ward. Park for Smyrna Troop No.
450 was brought up with request for 25 year lease to be drawn by City
Attorney G. Conley Ingram with certain stipulations and. a reversionary
clause. Motion by J. B. Rhodes, "We request said. lease to be drawn between
Belmont Hills Company and. the Smyrna Scout Troop No. 450 with authority
delegated to the Mayor to sign all legal papers pertaining thereto."
Second. by H. E. Ingram, the motion passed., unanimous.
Appeal of Everett S. Stow, Jr., 451 Oakdale Drive, City, for a hearing before
Mayor and. Council was d.enied.. Request hinged. on court disposition in which
both drivers were suspended. as of January 29, 1963 Record.er's Court. Mr.
Stow testified he was stopped. and. struck in rear by car driven by Geo. W.
Campbell, who claimed. he was blind.ed. by southbound. head. lights. Council
claimed. Mr. Stow may appeal to the civil courts and. on motion by H. L.
Smith, "We reject appeal for hearing before Mayor and. Council by reason
of non -conviction in City Recorder's Court." Second. by R. J. McCurry,
unanimous.
City of Smyrna Homestead.. Exemption Act was discussed. and. deferred pending
drafting of bill to Cobb Legislative Body. The bill, when passed., applies
to 1963 tax exemption and. is retroactive to 1-1-63 per council action.
C.1
il' Radar controlled traffic signals were authorized. to let for bid.s for inter-
section of Beverly Hills Drive and. Cherokee Road.. Motion H. E. Ingram,
G:.
second. H. L. Smith, motion carried.. (Reimbursement from State Highway
maintenance check, received. and. deposited. fourth quarter, 1962.)
Councilman H. E. Ingram recommended, the following:-
(1) Defer all discussion relative to hiring city engineer on full
time basis since Mr. J. E. David has the qualifications and.
training to absorb the assignment.
(2) Disband. Urban Renewal during 1963 by reason of the high cost
to qualify.
(3) Install water facilities to Jonquil Park property from
compound. meter location on Spring Road at water department
expense, the Parks Bond. Fund. to absorb all costs of labor
and, material for water services on the park premises.
First meeting of the new Smyrna Traffic School was scheduled for Tuesday,
February 26, 1963 at 6:30 P.M.
Open bids for Jonquil Park bathhouse and. equipment was set for February 25,
1963 at 7:00 P.M.
Break -down of 1963 six months budget for accounting purposes was per R. J.
McCurry requested, immediately for preparation of first month financial
reports. Due to release of records to auditors'these reports to be sub-
mitted. 2-25-63.
CHARTER AMENDMENTS
City Attorney G. Conley Ingram presented. a draft calling our proposed.
Charter amendments to be presented., upon approval, to Cobb County Legislative
Body. Motion by J. B. Rhodes that we authorize City Attorney to draw up
and. prepare amendments to the City of Smyrna Charter based. on the language
and. terms as submitted. this d.ate. Motion seconded. by H. E. Ingram and.
voted unanimous.
Proposed. changes to be submitted.:-
(1) Civil Service Act referring to vacancies in the office of
Fire or Police Chief of; any other department.
(2) Exemption from taxation not to exceed. $2,000.00 with other
provisions as to age and. residence in the City.
(3) Election and. oath of tax assessor includ.ing policy and.
assignment.
(4) Mayor and.Council to act as Board. of Lights and Waterworks
Authority.
N
212 February 4, 1963 - Cont'd..
(5) Compensation for properties taken or damaged by Mayor and.
Council for public use as embraced. in Georgia Cod.e of 1933•
(6) Section No. 35 of Charter amended by striking $100.00 and.
substituting thereof $300.00.
(7) Changing the corporate limits supported. by signed. petitions
of record..
Proclamation signed and ord.ered, for publication calling out -the month
of February, 1963 as "City Government Month."
Mayor J. B. Ables referred. to committee, the Cobb County Board of
Education request to consider sewerage tap-ons to nearby city facili= -
ties for proposed. Negro high school and. homes, Pasadena and. Roswell
Street. MEMO:- No action taken other than G. C. Ingram to convey
to Mr. McCollum that we would. be willing to listen to any proposal
but would, not make any commitments on subject. '
Motion to adjourn, R. J. McCurry.
Ad. journ, 8: 55 P.M.
Next. meeting,, February 18, 1963, 7:00 P.M.
February 18, 1963
Regular meeting of Mayor and Council was held at City Hall above date
andcalled to order at 7:00 o'clock P.M. by presiding officer, Mayor
J. B. Ables. The full council was present. Of all citizens present
only one (Mr. J. W. Crumly) appeared and. voiced. his protest regarding
apartment zoning on Medlin Street.
Petition of M. W. Kinney to zone from R-1 Resid.ential to C-1 Commercial
the property known as Land.lot 374, Lot No. 12, Block "M", 512 Beverly
Hills Drive, was up for hearing and per legal ad. said. Lot No. 12 con-
tiguous with existing commercial area. Motion by H. E. Ingram that "We
rezone above property per petition submitted., from Ril to C-1 Commercial
area." Seconded. by R. J. McCurry and voted. unanimous. No citizens
appeared. in opposition to requested. zoning.
G. Conley Ingram reported. on Bill amending the City Charter and. 1962
annexations to corporate limits of Smyrna. Attorney G. C. Ingram
requested. to submit plats on encircled. areas (Belmont Circle and. Powd.er
Springs) for discussion with Cobb County elected. delegation.
Proposed. leash (three copies), City of Smyrna and. Boy Scout Troop #450
presented. to Mayor J. B. Ables for execution of the.lease agreement by,
the parties called. out. .
Motion by H. E. Ingram, second. by R. J. McCurry, to set d.ate at March 18,
1963 for hearing on amendment to Comprehensive Zoning Ordinance. Vote
was 6 to 1, W. L. Keck opposed.. MEMO: Amendment, if passed., will
change C-lafd.C-2 zoning classification as follows:- Delete recap shops
from C-2 classification and. ad.d to C-1 commercial classification.
Council voted, unanimous on R. J. McCurry's motion to appoint Ted R.
Bowman to the assignment as City Tax Assessor starting 3-4-63 for a
period. not to exceed. three weeks.
Minutes of Mayor and.Council meetings during January, 1963 (four ideet-
ings) were ad.opted. as submitted, and. corrected. Motion by R. J. McCurry,
second. H. E. Ingram.
Two bid.s were received. and. opened. covering labor, materials and.
installation cost'to furnish two traffic signals on Cherokee Road, inter-
sections of Burbank Circle and. Beverly Hills Drive.
Bids per specifications submitted,: -
Thomas B. Combs Company, Atlanta 10, Georgia $ 2,190.28
Rogers and. Grice, 138 South Ave., Marietta, Ga. $ 3,100.00