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03-03-1969 Regular MeetingMARCH 3, 1969 The regular meeting of Mayor and Council scheduled by Charter was held at City Hall, Smyrna, Georgia, above date. The meeting was called to order by presiding officer G. W. Kreeger at 7:00 o'clock P. M. Five council members were present, R. H. Wood of Ward 3 and C. 0. Canada of Ward 5 absent due to illness. Other City personnel present: Attorney Berl T. Tate, Building Inspector, C. M. Hamby, Public Works Superintendent, J. E. David, Sewage Treatment operator, Elmer Wester, City Clerk, L. W. Charles, and representatives from the Marietta and Smyrna papers. In the first order of business, Mayor G. W. Kreeger signed the Proclamation setting the week of April 7 through April 12, Jonquil Festival Week. Mr. Howard Medley of Dell Avenue appeared in Council requesting the issuance of a permit to sell a packaged cleansing product in the City limits. Motion by Homer Kuhl granted the license provided that said license is not in conflict with the existing ordinances of the City of Smyrna. License to be withheld pending check out. Motion seconded by C. W. Armour and voted unanimous. Council, on motion by Homer Kuhl, set the hearing date at April 7, 1969 for considering the rezoning of two parcels of land located on the north side of Concord Road known per current numbering system as 1125 and 1131. The request calls out a change from District "C" to C-1, commercial, land use permit, sales and service, heating and air conditioning, including.installations. Motion seconded by B. F. Stewart and voted unanimous. A letter of appeal from Recorder's Court was read in Council con- cerning the case of Phillip M. Darnell of Atlanta. The date of hearing before the Mayor and Council was set for April 7, 1969 and on motion of Homer Kuhl; seconded by J. C. Porterfield, voted unanimous. MEMO: Original letter, (first class mail) was sent from City Hall March 4, 1969, to Mr. Darnell. The annexation petition of Gardner A. Potter and Parker H. Norton was presented in Council and accepted on motion by B. F. Stewart. The property fronts on Cooper Lake Road consisting of thirty-one acres, 55 lots, and recorded in the minutes as parcel #11 of the City of Smyrna 19-69 House Bill. The property was annexed with petitioners agreeing to abide by all ordinances, codes and regu- lations of the City of Smyrna and to pay City taxes for the year 1970 or as said taxes become due or an amount equivalent for City services rendered. The 55 lots shall be come a part of and recorded as Ward No. 7. The above motion seconded by C. W. Armour and voted unanimous. The Council also voted to annex a parcel of land on Belmont Circle 100 feet by 200 feet located in Ward No. 6 into the corporate limits of the City of Smyrna. The property (No. 2330) on the west right- of-way of Belmont Circle lies directly west of R-2 zoned property on the east right-of-way in the corporate limits. The right-of-way of Belmont Circle is maintained by the City of Smyrna and has a sanitary sewer facility from Cherokee to Atlanta Road. The annexa- tion came on motion by J. C. Porterfield, seconded b�q. B. F. Stewart, and voted unanimous. Petitioner & owner,Mr. Euel V. Reece. MEMO: Present zoning, Cobb County is R-1 Residential. A sign permit for erection on the Bea Hive Antique Shop, Atlanta at Bamnk, was presented by building inspector and on his recommen- dation approved for issuance. Motion by B. F. Stewart, seconded by J. C. Porterfield. Mr. Hamby discussed a premature building permit covering a heating and air conditioning business on Concord Road. Permit held in abeyance pending outcome of the rezoning on April 7, 1969. ]_ 9 7 (Continuation of March 3, 1969 Meeting) A Mr. Scott and Charles Taylor of the National Home Builders appeared in Council in reference to Mr. Hamby's request, they having laid out the design of five homes in Campbellwood sub- division, all in violation of the side yard clearance as called out in the City of Smyrna Comprehensive Zoning Ordinance for single family homes. In the discussion that followed, Councilman Homer Kuhl moved to waive the required side yard clearance (241) by reason the foundations for the five homes referred to above had been completed. The motion was seconded by C. W. Armour and carried four to one. J. B. Ables voting against the motion. The five lots involved are as follows: Lot No. Required Variance Net Side Side Yard Granted Yard 2-J (In work) 24 feet 6 feet 18 feet 3-J (In word) 24 feet 6 feet 18 feet 27-K (Sold) 24 feet 4 2 feet 19 2 feet UD 28-K (In work) 24 feet 71z feet 16 2 feet 29-k (Sold) 24 feet 6 feet 18 feet MEMO: The above action per minutes of March 3, 1969. Per tele- phone call on March 4, 1969, a request was made for deviation, deleting 29-K waiver and adding Ldt I-M. A resolution was read in Council urging the State Highway Depart- ment to mane a study .to determine the most desirable entrance and exit patterns so as to provide for the safety of individuals using 175, I285, and 41 to Spring Road in Smyrna, Georgia. The Resolution as adopted on motion of Councilman J. B. Ables to be submitted to the Cobb County delegation in the General Assembly of Georgia. The motion by J. B. Ables, "That this body adopt the Resolution requesting the Cobb County &legation in the House of Representatives submit same to the State Highway Board for action to alleviate the hazardous traffic patterns at I75, I285, U. S. 41 and Spring Road, Smyrna, Georgia." Motion seconded by C. W. Armour which carried. Mr. J. E. David and D. Scott Jackson of the City staff were re- quested to inspect, check out and report the required action to clean up the 15 foot alley south of Love Street and to the rear of the properties of Mrs. Roy Fowler and others. A petition was submitted in Council covering twelve citizens within a 300 foot radius of Mr. C. R. Joines' property at 1032 Manor Drive, S. E. The petitioners, by reason of their signatures, have stated they have no objection to Mr. Joines operating a hobby shop (wood working) in the basement of his home. Since all requirements of the City ordinances were met, Councilman Homer Kuhl motioned that residential license be granted in the amount ,of $25,00 per year. Motion seconded by J•. C. Porterfield and voted unanimous. ,Mayor G. W. Kreeger requested the Council to consider Homestead Exemption on the property owned by George H. Flowers of 2452 Spring Road. The request was based on certain annexation of adjoining comwa mercial properties -which incircled the residence of the above citizen and was included in the multiple property annexations. The Council agreed to approve Homestead Exemption to -the above described property in lieu of the Flowers having lived in the area some thirty-five years, said Exemption effective January 1, 1969. The motion by C. W. Armour, seconded by B. F. Stewart. The January financial reports and year-to-date were discussed in Council. The over-all summary of departmental totals showed the City of Smyrna for seven.consecutive months, operating under the approved financial budget. A statement was submitted calling out statistics supporting the deficit in the sanitation department with recommendations by Finance Chairman, Homer Kuhlb, for adjust- ing budgetary forecast to date to meet seven months actual cost. The plan hinged on transfer of funds between departments. The (Continuation of March 3, 1969 Meeting) motion and second by Homer Kuhl and J. B. Ables to increase the number of budgeted employees and the dollar deficit was withdrawn pending procedure that meets with accepted accounting standards. The Council approved as submitted the finalized minutes of the meeting held February 3, 1969. In the vote J. C. Porterfield abstained by reason of absence on this date. The Council also approved the minutes of the meeting of February 17, 1969 by unanimous vote. Motions in connection with the above action by J. B. Ables, seconded by B. F. Stewart and J. C. Porterfield. A report from the Safety Committee, Chairmaned by J. C. Porter- field, was submitted in Council. The committee met at City Hall February 26, 1969 with Mr. Hines of the Travelers Insurance Company in.attendance. Discussion hinged on review of accidents, frequency and severity during the past 14 months. A schedule was approved to meet the last Wednesday of each month at 4:00 P. M. at City Hall. In final action, the Council: 1. Requested C. W. Armour to check out debris and junked cars in the front yard area of the frame structure south of the structure known as Minnie Pearl's. The owner Mr. John Carson. 2. Listened to a report of trailer rental operation at Sinclair Station on Spring Road and non -operable automobiles at several service stations. J. B. Ables, Chairman of the Police Committee, to f6llow up. 3. Discussed sidewalk installations on Reed Road to'King Springs School and Campbell Road to Argyle School. Counci 1man.B. F. Stewart called out the estimated cost and reported $9,000 from the 1965 Improvement Bond Funds was available. This item deferred pending receipt of the bus transportation plans by the Cobb County School Board. There being no further business, J. C. Porterfield motioned to adjourn at 9:12 P. M. Next meeting March 17, 1969. MARCH 17, 1969 The mid -month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia and called to order at 7:00 o'clock P. M., March 179 1969. Presiding, Mayor G. W. Kreeger, and the following Councilmen were in attendance: J. B. Ables, B. F. Stewart, C. O. Canada, J. C. Porterfield and C. W. Armour. Councilman R. H. Wood of Ward 3 was absent due to sickness. Councilman Homer Kuhl of Ward 4 arrived and took his seat at Council table at•7:45 P. M. Also present, staff employees J. E. David, L. W. Charles, C. M. Hamby, Berl T. Tate, and a reporter from the Marietta Journal. No citizens appeared with items to bring before the Mayor and Council. - Under Agenda Item No. 2, petitioner John Ward requested a hearing for rezoning of four and one-half acres on east side -of Belmont Circle. The petition was withdrawn. The Council heard the reading of the petition of Mr. L. A. Phillips to rezone his property on Cobb Lane from District "C" to C-1 for office purposes only. The Council set the hearing date for the proposed rezoning on April 21, 1969. Motion by J. C. Porterfield, seconded by C. W. Armour. Voted unanimous.