01-28-1963 Regular Meeting2U6
JANUARY 28, 1963
Meeting of Mayor and Council held at City Hall,'Smyrna, was called to order
by presiding officer, Mayor J. B. Ables at 7:00 o'clock P.M. above date.
Citizen H. L. McDaniell presented letter in council calling out'reference
to January 16, 1963 minutes which sets up business license occupation tax
plus two percent tax on gross annual premiums. Letter questioned this per-
missible tax, the justification of same, the probable premium rate increase,
and method of collecting the 2% from mortgage companies. There was no action
on above.
Legal advertisement publishod per policy was for the purpose of considering,
this date, a zoning hearing to rezone the E. E. Branch property on Church Street
from R-1 to R-2 Residential. Applicant G. R. Barnette presented a perimeter
chart in color indicating the citizens in the area opposed to rezoning as well
as those approving the proposed change. Petition was submitted by Mr. J. M.
Tingle containing 44 names in opposition. Seven objectors were heard. Mr.
Still's opinion indicated the project would benefit the area. During further
discussion, R. H. Wood motioned, "The petition for rezoning to R-2 multiple
units be denied." Second by W. L. Keck. The vote to deny was:- H. L. Smith,
R. H. Wood and W. L. Keck. Voting against the motion:- H. E. Ingram, J. W.
Webb, J. B. Rhodes and R. J. McCurry. The motion lost. R. J. McCurry moved
to rezone the E. E. Branch property (3.1 acres) on Church Street from R-1
Residential to��R-2 Residential, Multiple Housing, and further that all plans
for strbetures',;thereon shall bo tied to existing zoning regulations with any
or"all change•;"subject to council approval. For the motion (4); against (3).
Motion carried MEMO: Prior to the motion, Mr. G. R. Barnette stated in
council and to all in attendance that no Government'funds (loans or insurance)
would be used for financing and further the type of structure or structures
as submitted in council (plats and artist drawings) shall be adhered to or
equal'.
There was no action on Mrs. S. W. Leonard's offer to sell her property,
473 Powder Springs Street to the city for use as Smyrna Health Center. The
asking price, $20,000,00.
City Attorney G. Conley Ingram, on motion by H. E. Ingram was requested
to draw up lease provisi.ons,'re"strictions and/or reversionary rights in con-
nection with recorded covenants protecting the Ward Park property. Purpose: -
Smyrna Scout Troop No. 450 given verbal approval to move scout but on Cherokee
Road to northwest area of Ward Park.- There -was a second to above motion by
R. H. Wood. Motion carried.
In connection with Smyrna Health Center, the Smyrna Junior Chamber of
Commerce was requested to present plat of property, area ofrecreation building,
prior to transfer, deed or lease of same.
Cobb County Health Department, per letter read in council, requests co-
operation in the issuance of building permits covering establishments permitted
to build and sell food, milk or meats, also tourist or trailer courts, day
nursery, kindergarten and nursing homes. They claim violation of public health
laws are built in during construction.
Action:- (1) Building Inspector requested to follow up; (2) Secure extra
plats and submit one copy to Cobb County Health Department, Mr. James M. Womack;
(3) Copy of 1-16-63 letter referring to builders of establishments called out
above upon receipt -of permit application.
There was no action on letter from Attorney W. L. White requesting council
consideration on judgement by the City of Smyrna against C and S Bonding Company
and R. S. Crain.
G. Conley Ingram reported on the T. J. Northcutt case and stated the trial
had not reached current calendar term. There was no discussion or action by
Mayor and Council. -
City Clerk L. W. Charles was authorized by council approval to assign legal
or engineering personnel to draw up legal descriptions of all parcels of land
annexed to corporate limits of City of Smyrna during 1962. This to.be-submitted
to City Attorney for preparation of bill to Cobb Legislative Body. Said annexations
to include petition of Fred J. Brown, Jr. of 700 Lee Street dated 11-5-62 and
Church of the Nazarene, landlot 343, Plaza Drive per submitted plat and request
to Councilman H. E. Ingram. Motion seconded by J. W.•I%Tebb and carried, unanimous.
(Continuation of 1-28-63 Meeting)
20 7
Motion by R, J. McCurry:- "This council as of date of petition does
hereby annex to corporate limits of City of Smyrna, a parcel of land
known as 700 Lee Street, (Fred J. Brown, Jr) and the -property in landlot
No. 343 called out in plat submitted as "Church of the Nazarene'l, Plaza
Drive. Above mentioned citizens do hereby agree to abide by all regulations,
codes and ordinances of the City of Smyrna and further agree to pay to the
city ad -valorem taxes and personal property taxes for.the year of 1963 or
and equivalent thereof for city services rendered during the taxable year
ending December 31, 1963. The motion on second by H. E. Ingram was voted
unanimous by full council in attendance, above date.
For the taxable year 1963 council voted unanimous on Councilman R. J.
McCurry's motion that the City of Smyrna apply and use a percentage of
fair market value applicable to real and personal.property in an amount
equivalent to existing Cobb County rate of thirty-five percent (35%) or
fraction -thereof. Motion seconded by W. L. Keck, and the vote on above
was unanimous. MEMO: Mr. Sayward Rogers of Burroughs, Inc. was in
attendance and requested to proceed with equipment changes and authorize
printing of all necessary forms to meet,1963 tax billing date. Millage
adjustment, if any, to be determined upon 1963 computed digest.
Minutes reproduced and submitted for December, 1962 meetings were
accepted on motion by R. J. McCurry, second H. E. Ingram and carried.
Motion by J. W. Webb::- "This council hereby submits application for
immediate coverage under social security laws, the effective date shall be
the fiscal date (7-1-63) and all necessary provisions for said employee
coverage including elections, technicalities, bond purchases at interest
for deposit, internal forms and accounting shall be completed and operable
on the said date called out as the City of Smyrna fiscal date." Motion
as stated, seconded by H. E. Ingram and voted unanimous.
Chairman H. E. Ingram of Water Department Committee reported as
follows ::-
(a) No recommendation submitted for changing city water consumption
rates within the corporate limits.
(b) Out of city residents (approximately 900) shall be ubilled as
follows: -
Three Dollar($3.00) minimum charge for water consumption
up to 3,000 gallons and Sixty Cents ($.60) per thousand
gallons for water usage in excess of 3,000 gallon minimum
and the date of this action shall be and it is hereby
ordered,to become effective with .the water .billings •pre -
pared by -the City of Smyrna Water Department, City Hall, aB
of March 11 1963 billings.
(c) Residents outside the city limits who.have previously tapped
on city sewerage facilities by reason of easements granted
or for any recorded or stipulated approval shall, per this
motion, pay One Dollar ($1.00) per month and this fee for
sewerage services rendered shall be effective and payable
as of March 11 1963.
The above per motion of Harry E. Ingram, second by R. J. McCurry
and voted unanimous.
Motion by R. J. McCurry as follows:- "This council approve employment
of Glen R. Yarbrough, Jr. to fill the assignment of City Tax Assessor
and Assistant City Clerk at $550.00 per month. The hiring date shall be
the available date (February, 1963) subject to receipt of favorable report
from prior employers." Motion seconded by H. E. Ingram and voted unanimous.
Councilman R. J. McCurry's motion nominated Charles R. (Pete) Wood
and G. R. Yarbrough, Jr. as appointees for 1963 tax assessing assignment.
Motion voted unanimous on J. B. Rhodes' second.
Business license committee reported as follows:-
Janitorial Services, Tom Evans ® $35.00 - approved. • -
Janitorial Services, Chas. Pritchett @ $35.00 - approved.
Baby Contest, Century Color Studios - approved, with reservations.
Cleaning Rugs on Premises, Mr. N. E. Vickery - request petition.
Trucking Warehouse - King at Bank St. (Sav-A-Stop) -.denied.
Operate Shotting Gallery - J. B. Bowers,126 Atlanta St. - denied
2 0,8
(Continuation of 1-28-63 Meeting)
Motion by R. J. McCurry:- Billiard Recreation Center, family -type, is
recommended and approved by council for location in the C -1 zoning area on
Bank Street, City of Smyrna and the privilege license shall be issued
commensurate with existing and approved rate of $37.50 per table installed.
Motion carried. W. L. Keck seconded the motion. Motion denies issuance
to disability claimants.
MEMO: - February 4,-1963 agenda will carry zoning application, J. M. Gibson
and proposed amendments to Comprehensive Zoning Ordinance.
• Council in lengthy discussion resolved an.issue which per recorded plat
shows Dunton Street as a thirty-foot (301) right-of-way extension dividing
the parcels per record of V. A. Davenport and J. M. Gibson property in land
lot No. 486. Per recorded plat and survey, H. E. Ingram motioned to quit-
claim the above mentioned 30! right-of-way, fifteen feet deeded to V. A.
Davenport and fifteen feet to J. M. Gibson, said quit -claim deeds to specify
the recorded depth of said properties. Attorney G. C. Ingram to follow up.
Motion to quit -claim seconded by R. J. McCurry and carried.
City Attorney authorized by council to check out Benmac Road Extension,
a parcel of land fifty feet in width and extending from Benmac Road and
Beverly -Hills Drive to the east side of South Cobb.Drive. Question was brought
up as to legal ownership. MEMO: (150 feet of above recorded width was per
Plat submitted advertised for sale to highest bidder perminutes and action
in 1962.)
During 1962, the Optimist Club of Smyrna porposed setting up in the City
of Smyrna a Traffic School to be equipped by the Optimist Club with functions
and responsibilities administered through the Police Committee and others
assigned. One night per month was tentatively agreed by council. It was also
agreed to seek Cobb County assistance and further, the Smyrna Traffic School
would be available to other municipalities and Cobb County, traffic offenders.
Motion by H. L. Smith, Tde proceed in the necessary steps to set up and create
an official traffic school in the City of Smyrna and name the administrative
staff for responsibility of all functions and operation of proposed traffic
school."' Second by H. E. Ingram and voted unanimous. The council, through
Mayor J. Be Ables, commended the Optimist Club for their progressive and
worthwhile effort.
Mayor J. Be Ables reported on agreement between City and Citizen John
Lee regarding long overdue assessment for paving of Dell Avenue. Agreement,
J. Be Ables and John Lee, called out $250.00 cash and write-off of balance
per recorded agreement and release of Fi Fa issued and filed for record.
Motion by R. J. McCurry, second H. L. Smith to accept $250.00 as full payment,
release judgement and write off balance. Voted unanimous. Total per negotia-
tions $314.10; paid $250.00 balance and write off $64.10.
Motion to adjourn J. Be Rhodes.
Adjourn 9:45•P.M.
Next Meeting, February 4. 1963 at 7:00 P.M.
Mayor, J. -Able
Councilman: J. Be Rhodes (Construction)
Councilman: He. E. Ingram (Streets)1
uncilman: J. W. Wpbb Sanitation
Councilman% It. H. Wood Parks
i
City Clerk, LAW. Charles
7V
Councilm : R. J. McC ur
(Fin. and Administrative)
Co Gilman ��,: Smith_(Fire & Police)
Councilman: W. L. Keck (Water)