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10-02-1967 Regular MeetingOCTOBER 2, 1967 The regular meeting of Mayor and Council was held pursuant to the Charter October 2, 1967, at 7:30 o'clock P. M. Presiding officer Mayor G. W. Kreeger and all Council Members present. Also in attendance were City of Smyrna Department Heads and representatives from the local press, including Harold L. Smith for the purpose of video taping.the,entire Council meeting. No citizens were present with reports for Council action. Mrs. Edith Ingram of the Creatwood area, now Campbel'lwood, appeared before Council stating her desire for Council action to delete the 1959 annexation of certain parcels of land in LL 628 from the corporate limits of the City of Smyrna. This property per Feb- ruary 2,,1959 Minutes was annexed by the -Mayor and Council which included all the properties under purchase or option by Thomas J. Northcutt, Inc. Further evidence of said annexation is by act of the Legislature in 1959, Georgia Laws 1959, Page 3239, and referred to in the act as Parcel No. 18. Around the table, the Council reviewed plats, excerpts from the Minutes, approved House Bill of 1959, City tax records in con- nection with payment of annual taxes on unimproved acreage and the Honnicutt revaluation records of 1962 which included the subject property as annexed, plus the City Attorney's opinion. And, further, all annexations to the corporate limits to the City of Smyrna are approved only upon a voluntaryppetition submitted by citizens or developers, and that Council cannot set a precedent in connection with requests.for de -annexation. On the basis of the discussion, Councilman-J. B. Ables motioned that this body deny the request of Mrs. Edith Ingram to de -annex the subject property lying and being in LL 628 of the corporate limits of the City of Smyrna. The motion was seconded by D. L. Mixon and the vote was unanimous. Motion also waives the City requirement pertaining to sewer tap- ons within six months. Petition for rezoning was read in Council pertaining to a parcel of land known as Lot 3 Block M on the north right-of-way of Cherokee Road and'recorded per•the old numbering system as 522 Cherokee Road and per the new numbering system as 685 Cherokee Road. The petition 'requested a zoning change from District "C" to land use permit, flower shop restricted. The -date set -for the public hearing per motion of J. B. Ables was November 6, 1967. Motion carried on C. W. Armour's second. The petition of Mrs-. Della Gebauer to rezone a parcel of land on Fleming Street from R-1 to R-2 duplex was withdrawn. The original petition`�brought before Council called out October 16, 1967 as the hearing date. 1 No building permits were brought before Council for approval: Under Item 8 of the Agenda which called out progress and committee reports the following items were reported as in work with further report in the next Council meeting: park improvements, connector road, sidewalks, Ward Street widening, street -name plates, old automobiles,,sewerage to Highway 41, and horse and mule ordinance. Public Works Superintendent J. E. David reported the cost of com- pound meter on Concord Road (Deerwood entrance) at $2,073.47. Estimated labor cost $759.00. No actionc.by Mayor and Council regarding purchase and or installation. . In connection with water lines in Deerwood subdivision Unit #2, an estimate was prepared by the City for the main lines and fittings in the amount of $6,805.73, plus $875.00 advanced payment -on thirty- five meters. This estimate prepared by J. E. David and submitted to Mr: Bernard Long. Subsequent action by the developer.revealed that estimate submitted -to him by Cobb County at a lower materials cost by reason of substitution from cast fwon water mains to Transite pipe. A motion and second before Council regarding issuance of building permits in Unit #2 was withdrawn pending Mayor G. W. Kreeger's contact with Commissioner Ernest Barrett on WIN (Continuation of October 2, 1967 Meeting) the above county contract to install Transite pipe in the cor- porate limits of Smyrna. The original plats and all subsequent hearings gave assurance to the Mayor and Council and citizens that the north intersection of Atlanta Terrace with Atlanta Road would -not be closed by reason of the Spring Road project. Mayor G. W. Kreeger reported in Council that the State Highway Department and the Federal Bureau -of Roads planned to close said north intersection. A motion by J. C. Porterfield which was seconded by Homer Kuhl authorizes the City Attorney to draft a Resolution that the - Mayor and Council of the City of Smyrna go on record objecting to the closing of Atlanta Terrace at the north intersection at Atlanta Road and further -that a definite alternative be con- sidered by the State Highway Department south of the present intersection. Copies of said Resolution to be submitted to the State Highway Department and the Federal Bureau of -Roads. The motion was voted unanimous. Councilman J. B. Ables and Consultant Engineer P. J. Sutton reported_ on the over all Cobb County Sewerage proposal. It was brought out in Council that no firm proposal with reference to rates and cost to transport sewerage to treatment plants has been approved by the Cobb County Commissioners. P. J. Sutton requested to review the City of Smyrna study and report in Council evidence of federal funding of the project. - Mr. Sutton reported in Council a surface -water problem as well as the installation of a four inch sewer line from the King Arms Apartments to the City of Smyrna sanitary sewer system. Council requested a letter from Hensley -Schmidt, Inc. to.the Georgia Investment -Syndicate (King Arms Apartments) to call out•all facts. --Due to the present. condition of waste receptacles at the King Arms Apartments, C. W. Armour motioned for the approval of installing the container type system for garbage disposal. The motion as stated requires a cement pad to be installed for each container, -and further proposes a sidewalk at the rear of the King Arms structure. Motion seconded by J. B. Ables and voted unanimous. On motion by Homer Kuhl, seconded by D. L. Mixon, the Council approved the letting for bids -for one traffic signal per speci- fications submitted at the Ward Street intersection at Cherokee Road. Cost of the signal and installation to be borne by Tenneco Oil Company. 'Council approved on a trial basis that a no parking regulation is hereby in force in the area on Atlanta Road from Bank Street to Spring Street. The enforcement of this regulation refers to both east and west rights -of -way between the hours of 7:30 to 8:30 A. M. and from 4:30 to 6:00 P. M. Motion by Homer Kuhl, second by J. C. Porterfield, and•voted unanimous. Councilman Homer Kuhl stated that the third lane on South Cobb Drive • from Bank Street to. a point north of Glendale was approved and that resurfacing would start in October. Also. -that the third lane marking of Atlanta Street from Love Street north was in work. - Councilman J. B. Ables called a meeting for Monday October 9, 1967 at 7:00 o'clock P. M. for all councilmen to discuss the 1966-67 report on examination of the City of Smyrna books. Contributions for Mayor and Council ads in local programs was deferred to October 16, 1967. - There being no further business, a motion was made to adjourn. The time 9:00 P. M. The next meeting October 16, 1967.