03-06-1967 Regular Meeting49,
MARCH 6, 1967
A regular Council meeting, pursuant to the Charter, was held at
the City Hall, Smyrna, Georgia, March 6; 1967, 7:30 o'clock P. M.
Mayor G. W. Kreeger presided. All Council Members and Department
Heads were present.
In the first order of business, Mr. Tommy Miller, President,
Nash -Wills Stadium Booster Club, requested the cooperation of the
Mayor and Council in supporting a .fund raising project to be held
at the Cobb County Center parking area on Sunday, March 19, 1967,
two to four -thirty P. M., during which hours a midget car racing
program is scheduled. On motion by C. W. Armour, seconded by
J. C. Porterfield, the Council voted unanimously to support the
project.
Court appeal of Mrs. Inez D. Livingston came up for hearing. The
disposition.of the case in Recorder's Court resulted from a charge
of violating a Stop Sign at Powder Springs and Ward Streets; this
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charge was reduced by the Court to a warning. Upon hearing the
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evidence of Mrs. Livingston and Sgt. W. A. Rudasill, Councilman
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D. L. Mixon motioned to uphold the action of the Recorder's Court.
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The _full Council voted for the motion on J. C. Porterfield's
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second.
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A Resolution was introduced in Council and adopted as read on
motion by J. B. Ables and seconded by Homer Kuhl. Copy of same
reproduced and made a part of the above dated minutes. MEMO: Copy
of Resolution delivered to all representatives of the Cobb County
General Assembly.
RESOLUTION
WHEREAS, the legislative delegation from Cobb County
has introduced a Bill before the General Assembly of the
State of Georgia seeking amendment to the charter specifying
the. limits of the City of Marietta; and
WHEREAS, the property sought to be annexed is more
than one-fourth mile from the pre-existing limits of the
City of Marietta, and is reasonably close to the limits of
the City of Smyrna; and
WHEREAS, annexation of this and other similarly
situated property will remove the said property from that
within the county upon which,school bonds may be levied
and which may be pledged for these and other county indebt-
edness; and
WHEREAS. the annexation of this and other similarly
situated property is a flagrant example of spot -annexation
which should not be condoned by the legislative delegation;
and
WHEREAS, the Mayor and Council of the City of. Smyrna is
of the opinion that spot -annexation of property more than
one-fourth mile from the current existing limits of any
City% -in Cobb County, Georgia, should not be condoned by the
Cobb County legislative delegation;
NOW, THEREFORE, be it resolved by the Mayor and Council
of the City of Smyrna that the legislative delegation of
Cobb County should review the Charter Amendment hereinabove
referred to and that each member of said delegation be
forwarded a copy of this resolution as an expression of the
dissatisfaction of the Mayor and Council of the City of
Smyrna with their legislative enactment.
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On motion J. C. Porterfield, second by D. L. Mixon, a permit was
granted for one ).11x5f illuminated sign, Economy Auto Store. Belmont
Shopping Center.
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(Continuation of March 6, 1967 Meeting)
On motion by Homer Kuhl, seconded by C. W. Armour, an 181xl8'
high-rise sign was approved for. the Citgo Service Station. Cobb
County Center. The sign to be erected by Artistic Sign Company
will be structural steel 35' above grade with an 18' sign mounted
thereon, total height 53'. Issuance of the permit subject to
check out with Food Fair, Inc., Rich's, F.A.A., etc.
Council approved an entrance marker sign to be erected by the Hickory
Acres Garden Club on City right-of-way, Hickory Drive and Old Concord
Road. Permit granted on motion by D. L. Mixon, seconded by Homer
Kuhl, subject to check out with the Chief of Police.
On motion by J. B. Ables, seconded by J. C..Porterfield, the
Council approved the issuance of a building permit for a profess-
ional building (Dr. Sigal) on South Cobb Drive, south of the
intersection of Pinehill. Permit subject to check out of the
plans and specifications by building inspector.
A discussion came before Council regarding refuse disposal, Zayre
of Georgia, in connection with the installation of hydraulic com-
pression machine referred to as a compactor. Mr. Cohen. of the
Dispos-O-Waste. Inc. and Mr. Decker, Manager of Zayre's were in
attendance and spoke on the merits of the disposal system and
further stated they had no intent to violate City ordinances and
regulations. In further discussion relative to the installation
of the compactor. Councilman C. W. Armour motioned that Zayre's
of Georgia shall comply with the City of Smyrna sanitary ordinance
regarding refuse pick up by the City. • The motion seconded by J. B.
Ables and was voted unanimous.
Petition to rezone Mr. Farris Perry's property located at Powder
Springs and Grady for R-2 Apartment (8 units) came up for hearing.
Three citizens appeared in opposition. Motion by Homer Kuhl' that
petition as advertised for zoning from R-2 Duplex to R-2 Apartment,
restricted, 8 units, be denied. Motion seconded by R. H. Wood
and voted unanimous.
A petition signed by 15 citizens was submitted by Mrs. L. Dilbeck,
4.69 Dell Avenue, for a one chair beauty shop (portable). On motion
by C. W. Armour issuance of a residential permit was authorized
subject to all City ordinances and regulations. Motion seconded by
D. L. Mixon and carried.
Petition signed by 15 citizens stating no objections to Mrs. Billy
Joe Jenkins operating a family day care home at 659 San Fernando
Drive. Motion J. C. Porterfield residential permit granted subject
to (1)-limitation of six children, (2) subject to all City regula-
tions, ordinances and inspections, (3) approval by the State Depart-
ment of Family and Childrens Services.
The petition submitted by Mrs. Cleo Si.ngleton., 1500 Old Concord
Road. .for family day care home with limitation of six children was
accepted and approved on motion D. L. Mixon, second B. F. Stewart.
Motion carried subject to compliance with all City ordinances.
regulations and inspections and subject to approval by the State
Department of Family and Childrens Services.
Councilman R. H. Wood discussed the Belmont School area drainage
problem. Item deferred until March 20 meeting by reason of scheduled
school board meeting week ending 3-11-67.
It was agreed in Council that the City of Smyrna was not responsible
for the drainage problem and the correction of same regarding the
complaint of citizens of the Carolyn and Spring Drive area. It
was called out that the original recorded survey of the Don Bridges
property per Mr. Joe Arnold in 1959 covered the lots, set backs,
topo, drainage and easements in the Springhill Subdivision. It
was recommended that this recorded survey be explained to the com-
plainants and that any deviations and corrective action is not the
City's responsibility.
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(Continuation of March 6. 1967 Meeting)
A report was submitted in Council referring to trash. garbage and
old automobiles, etc. on Roswell Road. Inspection of'the area
involved, revealed a septic tank problem on the north side of
Roswell, property owned by a Mr. Clayton. It was requested by
Council that clean-up ordinance shall be enforced and tap -on to
the sewer facility (Clayton property) shall be mandatory and
immediately installed upon receipt of Cobb County Health Depart-
ment inspection.
The Council took no action regarding larger drain pipes under
Smyrna -Powder Springs Road. Councilman R. H. Wood stated addi-
tional surface water created by apartment project under construction
on Old Concord Road would require larger pipes and probably there
would be some property damage in the Hickory Acres subdivision.
City Hall reported that the invoices of record covering engineering
and relocation of water and sewer mains, Spring Street project,
amounted to $7,037.66. The balance on account Bank of Smyrna in
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the City of .Smyrna Street Improvement Bond Fund 1965 shows
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$5,506.00. To meet current and future engineering and relocation
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costs, plus pending condemnation proceedings, Councilman J. B.
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Ables motioned to transfer as an appropriation from the 1962
Street Improvement Bond Fund to the 1965 Street Improvement Bond
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Fund an amount equivalent to absorb the above stated current costs
and anticipated costs covering the above stated engineering,
relocation, and condemnations (SUS 1383-1). This action involves
the 1962 Bond Fund which has a current cash balance of $3.913.00
on deposit and $30,000.00 in U. &. Treasury bills of indebtedness.
The motion recorded as an appropriation, was seconded by Councilman
Homer Kuhl and voted unanimous.
Petition submitted in Council referred to request to rezone from
R-1 to C-1 local commercial the property located on the S.E. corner
of South Cobb Drive at Bank Street. Mr.' D. L. Mixon, seconded by
C. W. Armour, set the date for public hearing ( Reed Realty Company)
for April 3, 1967.
A letter received from Fred D. Brooks appealing traffic court
disposition was submitted in Council. The Council set March 20,
1967 as a date for the hearing. Motion by J. C. Porterfield
carried, seconded by B. F. Stewart.
The Council agreed and referred to tYtb. Parks and Recreation committee
the use of Ward Park for scheduled base ball games. The committee
to schedule use of Ward Park with the principals of the schools
(Mr. Ash and Mr. Bennett).
In final action, the Council:
1. Discussed clean-up of the downtown area per letter read by
Mayor G. W. Kreeger.
2. Requested school zone signs Powder Springs Street.
3. Requested check out of a proposed scout but to be constructed
on City owned land, McCauley at Pinedale.
There being no further business a motion was made to adjourn. The
time 10:00 otclock P. M.
Next meeting 'March 20, 1967.