12-06-1965 Regular Meeting150-
DECEMBER.6, 1965
The meetin& of Mayor and Council was held at City Hall, Smyrna,
Georgia, above date pursuant to the Charter and called to order by
Mayor Geo.aW. 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
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
restridtive 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. Portetfield arid"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 thW'Spring Road project.
c. The parcels submitted for annexation per above dated -meeting
shall be deleted from the Smyrna' House Bill ] ending 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 petitioner's agree to abide by all ordi-
nances, codes and"regulations• of the City and to pay City of Smyrna
regular taxes for th6-year 1967 on their properties or an amount
equivalent thereto for services rendered.
MEMO:' It.shall be understood that the'minutes concerning
this WYMIMation 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 Con~ ord Road, was
submitted to Council for annexation per petitioner R. E. Newton:
The property was annexed per: -motion by J._B: Ables, under the
existing zoning of'Cobb County whichi'calls out'apartment structures
at the inte-rsection 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 1967.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..b.etween the•Hawthorne Elemen-
tary School and'the new Smyrna Cemetery. The petitioner Miss Julia
Wilkie, agrees -to abide by all ordinances', codes and regulatibns.of
the City, to pay to the City of Smyrna, regular taxes for the year_
1967 on the 15 acres more or less or,anl)amount equivalent,thereto
for City services rendered. The motion furth®r 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-2
multiple housing restricted. Petition accepted and on motion by
J. C. Porterfield, second by R. J.-McCurry, the -hearing -date was
set at January 17, 1966.
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 from R-1 to R-2 residential by petitioner E. A. Reeves. `
The hearing date for rezoning the property was -set, on motion by
J. C. Porterfield,- second by R. H. Wood, for 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. Trina•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 voting 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. Ables, 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 si-gn 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 brought 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 pave the right-of-way to the curb line.
Motion seconded by J. C. Porterfield and voted unanimous.
Councilman.J. B.-Ables reported.on his contact with the owners
of Majit Wand on,South Cobb at Bank doncerning 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. Ables requested to follow up and report.
15P
(Continuation of December 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-6f
Concord Road and Lusk -Drive. Council required a building permit
and completion of the structure prior to consideration -of a -malt
beverage license.
Council accepted financial reports covering September and
October departmental operations and agreed on R. J. McCurryls
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, authorizina 1000
sq. ft. storage room in the lower level of�the.new fire station
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. L
Council voted unanimous on J. C : Porterfield ' s motion to.up-date
City.zoning and annexation maps. t
In other action, .the Council:.
..a.•_1_ _r .._ ... 1.1
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 license invoices
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 Year's Day. Motion by R. J. McCurry and voted unanimous.
d: The drainage problem called7out 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 Kuhl's 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 Homer Kuhl's
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 o£'the General Assembly.
The motion seconded 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 -December 20, 1965,`7:30 P.M.