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01-09-1967 First MeetingJANUARY 9, 1967 The first meeting in 1967 was held pursuant to the charter on January 9, 1967 and called to order at 7:30 ofclock P. M. Mayor G. W. Kreeger presided. All Council Members present including City Attorney, Building Inspector, Department Heads and Consultant Engineer. MEMO: The first Monday in 1967 having been declared a Holiday, the Council set the second Monday, 1-9-67, as the first meeting date. In the first order of business, Bruce Newbauer, spokesman for the Nash -Wills student body, spoke in Council requesting answers re- garding the delay in the construction of sidewalks on Ward Street in the area of the above named schools. Councilman R. H. Wood stated that meetings were held with the Cobb County Commissioners regarding installation of sidewalks as a joint project or instal- lation through the Cobb County 1965 Capital Improvements Bond Issue. Next on the Agenda was the petition requesting the rezoning of a parcel of land owned by D. W. and D. C. Landers on the west right- LM of -way of King Street to the intersection of Stephens Street. d4 January 9 was called out in the publication as the date for the hearing; to rezone the property 150 feet by 335 feet from R-1 W Residential to C-1 Commercial, Professional Building. No opposi- tion appeared. Councilman J. B. Ables motioned the zoning petition V as submitted be and is hereby rezoned from R-1 Residential to C-1 Commercial, Professional Building. The motion was seconded by Homer Kuhl and voted unanimous. The following action is recorded based on the testimony of Sit. W. A. Rudasill and Robert B. Groh in reference to defendant's appeal on four charges brought against him and heard before the Recorders Court December 6, 1966. CHARGES: 1. Spinning Wheels, 2. Violation, State 3. Improper Exhaust. 4. Improper Driverts too fast for conditions. Motor Vehicle Inspection Law. License. ACTION: 1. On J. B. Ables motion, second B. F. Stewart, the Council voted unanimous, Charge #1, to uphold the action and the decision of the Recorders Court. 2. A motion by J. B. Ables, second by D. L. Mixon, which carried six to one, that this Council defer action pending report from the State Motor Vehicle Inspection Department. City Attorney Berl T. Tate to report. 3. On charge No. 3 the action and the decision of the Recorders Court wVs upheld by• unanimous vote on motion D. L. Mixon, second B. F. Stewart. 4. The discussion on improper driver's license was resolved by motion C. W. Armour, seconded by Homer Kuhl. that this Council uphold the decision of the Recorders Court. The vote was six for the motion with J. C. Porterfield voting against. The following building permits were, on the recommendation of the building inspector approved by the City Council on unanimous vote: Action Type of Structure Location Motion second Warehouse Addition Fortner's,,So. Cobb Dr. D L. Mixon Homer Kuhl 301 x 60t Ranch House Steak No. of Waffle House Homer Kuhl D. L. Mixon Restaurant Drive -In Window So. Cobb Dr. C. W. Armoue J. C. Bank of Smyrna Porterfield 36 (Continuation of January 9 Meeting) Building Permits contd Theater (820 Seats) Metal Panels above Marquee 21 x 41 A Frame No. of Winn -Dixie Belmont Shopping Center Baptist Temple D. L. Mixon R. H. Wood D. L. Mixon Homer Kuhl Referred to Building Inspector to meet codes. The annexation petition covering a parcel of land and known as Bennett Woods Subdivision Unit #5 was submitted and signed by R. B. Bennett, President, January 6, 1967, and witnessed by the City Clerk. The parcel comprising'4.9 acres, more or less, is located in the southwest area of Smyrna lying in, or fraction thereof, or separated, by land lots 262, 263, 264, 313, 314, 315, 335 and 336, and more particularly described as per plat submitted as lying between Bennett Woods Subdivision Unit #4 which boundary represents the existing corporate limits north and easterly of Unit #5, and Deerwood Subdivision on the southwest. On motion by Councilman J. C. Porterfield, second by B. F. Stewart, the full Council voted to annex as provided by-law the Bennett Woods Subdivision Unit #5 into the corporate limits of the'City of Smyrna, Georgia and to record the same as Ward #7. -The petitioner, R. B. Bennett, President, hereby agrees to abide by all ordinances, regu- lations and codes of the City of Smyrna and to pay to the City regular taxes when all improvements are completed in the above des - scribed subdivision namely, water, sewerage, .force main, lift station, streets, curb, gutter and drainage. On a motion by J. B. Ables the Use Permits and/or Licenses issued as Residential Licenses during 1966 were approved for the current ,year 1967 at a license fee of $25.00. Motion seconded by J. C. Porterfield and carried. /'The 1967 Business License Ordinance was amended as follows on motion of C: W. Armour, second by B. F. Stewart: Code #2370 add the word (large) after the name Manufacturer. Add Code 2371: Manufacturer (small) at the rate of $75.00 It was agreed by Council that the $500 rate set for depart- ment stores shall apply to the Zayrets.Department Store which shall include all types of merchandise, tires, auto accessories, and appliances, and does not apply to any merchandise sold in accessory or adjacent buildings. Under Agenda Item No. 9, Committee Reports were called out and discussed by the chairman with no action by Council on the following: a. Services to date at Cobb County Center. b. Tear down of damaged residence on Roswell in process. C. Report on garbage disposal fees deferred. d. Correction of safety hazards, Sandyfs Drive -In, in work. e. Amendment to malt beverage ordinance deferred. 1 The sanitation ordinance amended 1-9-61 and 9-11_t-64 was further amended this date to add thereto a paragraph which prohibits the deposit of all types of refuse and trash on City streets. vacant lots, private premises, and into garbage containers within the corporate limits of the City of Smyrna. This amendment is directed to any person depositing refuse or trash in the City limits to avoid or with the intent to avoid subscribing for sanitary pick up service. This amendment to the sanitation ordinance is the result of complaints of persons living in the unincorporated areas using garbage and trash containers located mostly in the business establishments within the City. A motion to adopt as read by C. W. Armour, second by Homer Kuhl, and voted unanimous. NOTE: See Section 24 of the Sanitation Ordinance which carries a'penalty clause and applies to the above. M (Continuation of January 9, 1967 Meeting) The following ordinance,;was adopted as.read per motion Homer Kuhl for the purpose of controlling illegal sewer tap-ons. Motion seconded by D. L. Mixon which passed. ORDINANCE 7 BE IT ORDAINED by the Mayor and Council of the City of Smyrna and it is hereby ordained by authority of same as follows: SECTION 1. It shall be unlawful for any person, persons, firm or corporation to tap -on to any sewer line operated or maintained by the City of Smyrna without having made application for tap -on privileges and'paying such assess- ments as due the City of Smyrna for tap -on fees or permits. SECTION 2. It shall be unlawful for any person, ` persons, firm or corporation to complete a tap -on to any sewer line maintained or operated by the City of Smyrna without having Lo made application for and received a final inspection of said d� tap -on. W SECTION 3. Violators of Sections 1 and/or 2 above U U shall upon conviction be subject to a fine not to exceed $200.00,--__i The Agenda called out the need for a Resolution which upon approval will release individual lots in the subdivision known as Green Forest Unit #1. There are 30 lots in said subdivision under Fi Fa by the City of Smyrna and filed for record: On motion by J. C. Porterfield, second J. B. Ables, that this Council adopt a Resolution authorizing the City Attorney to prepare same granting permission for individual release by separate quit claim deeds affecting each lot as sold in Green Forest subdivision Unit #1 and the Resolution shall further state that release of each lot through accepted legal procedure shall be accompanied with a check payable to the City of Smyrna in the amount of $250.00 per lot. On motion by Homer Kuhl, seconded by D. L. Mixon, the Council on unanimous vote approved the renewal of the Bank of Smyrna note.in the amount of $10,278.57 covering sanitation equipment. This loan (10,278.57) payable in installments of $968.00 each month beginning February 28th, 1967 for 11 consecutive months and a final payment of $968.00 on December 30, 1967. The motion autho- rizes the Mayor and City Clerk to sign the note. The Council approved a new loan at the Bank of Smyrna to cover one 18 cubic yard Leach Pack Master garbage truck body in the amount of $6,951.62 and one 1967 Ford Cab and Chassis in the amount of $5,368.00. (See Purchase Order No. 184 and No. 185 dated September 1966 and General Fund Check No. 5791 and 5877 dated December 8, 1966 in payment of the above capital equipment.) Loan to be paid at Bank of Smyrna in monthly installments as covered by budgetary control with a balloon note due and payable on or before -December 30, 1967 and said note renewed in 1968. The above on motion by J. C. Porterfield, second, C. W. Armour, and voted unanimous. In other action, the Council: a. Authorized signs at Health Center as reserved parking areas for nurses. b. Authorized payment of ad "Little Miss Smyrna Event" (35.00) ,to treasurer of Smyrna Jaycees. C. Referred installation cost of compound meter on South Cobb Drive to committee, Homer Kuhl, C. W. Armour, and B: -F: Stewart for discussion with the Cobb County -Marietta Water Authority and report in Council. d. Called out January 23, 1967 for hearing the appeal from Recorders Court, case of M. D. Foster. 3 (Continuation of January 9, 1967 Meeting) e. Approved December 5 and December 19 Minutes as submitted on motion by'J. B. Ables, second J. C..Porterfield. In discussion around the table Councilman J. B. Ables requested a study be submitted for additional school zone signs; Councilman R. H. Wood brought out the need for the direction of detour signs during Spring Road construction; Councilman J. C . Porterfield discussed drainage problem at Ward Park and permission for erection of chain link fence around ball park area. The following Resolution was authorized by the Council on C. W. Armour's motion, seconded by D. L. Mixon, setting forth that Mayor and Council of the City of Smyrna was unanimously in favor of. the L & N alternate bid .for the Western and Atlanta railroad lease. Council requested copies of the Resolution be submitted to the Cobb County members in the General Assembly of Georgia. A portion of the Resolution received and released January 16. 1967 is as follows: "NOW, THEREFORE, be it resolved by the Mayor and Council of the City of Smyrna, and it is hereby resolved as follows: That the Council, by unanimous vote. requests that the members of the Legislative Delegation of Cobb County. Georgia, be encouraged to vote for the award of the lease of -the W & A property to the L & N Railroad for the twenty-five year period beginning December 27. 1969, on the alternative bid submitted by the L & N." There being no further business, a motion was made to adjourn. The time, 10:15 P. M. Next meeting January 23, 1967, 7:30 P. M. JANUARY 23, 1967 The scheduled meeting of Mayor and Council was held at City Hall January 23, 1967 and called to order at 7:30 o'clock P. M. Mayor G. W. Kreeger presided. All Council Members were present including Department Heads, Building Inspector. City Attorney and Consultant Engineer. In the first order of business, Mr. Frank Robertson, Manager of Sandy's Drive -In appeared before Council with reference to instal- lation of NO LEFT TURN signals approved by Council for erection at the drive-in premises. Although the accident history at Sandy's Drive -In was called out, Mr. Robertson,claimed the proposed traffic signs would affect his business and were discriminatory. Mayor G. W. Kreeger referred the problem to committee (Homer Kuhl, Chairman) for report next Council meeting. The continued hearing of the Recorders Court disposal of the case of Robert B. Groh was discussed in Council with reference to the charge of violation of the State Motor Vehicle Inspection Law. The City Attorney reported that automobile inspection stickers issued by one state are in force in other states up through expiration date. The case involved a Mississippi inspection sticker with expiration date as March, 1967. Motion by J. B. Ables that this Council revel -se the decision of the Recorders Court'action and refund the fine imposed. Seconded by Homer Kuhl and voted unanimous.