01-22-1968 Mid-Monthly Meeting115
(Continuation of ,Anuary 8, 1968 Meeting)
A remodeling permit was approved for the Standard Oil Station, South Atlanta
Road, covering new canopy on the structure and under ground tanks. Motion by
B. F. Stewart, second C. W. Armour, motion carried.
Permit granted foiepetitioner J. A. Bailey to build Mr..Steakhouse, South Cobb
Drive, next south of Dairy Queen, on the recommendation` of the building inspector.
Homer Kuhl motioned issuance of the permit, second by B.' F.Stewart, motion carried.
On J. B. Ables motion, a sign'to be erected on the Dutch Farm Food Store premises
shall be issued subject to check out by the building inspector. Motion seconded
by Homer Kuhl, and carried.
Announcements were made as follows:
January 11, Wills High School, Distinguished Service Award "Bosses Night",
Smyrna Jaycees, 7:30 P. M., speaker Senator Jimmy Carter of Plains.
January 19, Annual Dinner, Cobb County Chamber of Commerce, Lockheed B-95
Building, 7:00 P. M.
January 21, attendance Mayor and Council for 11:00 A. M. Service, Smyrna
d. Christian Church.
Lf�
January 21, Marriott Motel, loth Annual Mayor's Day Banquet, 6:00 P. M.
U ,
U The Seminar, Kennesaw Junior College, subject Moderriizat£on of Local Government,
let session January 8 and each Monday thereafter through February 26 deleting
the February 5 date, 7:30 P. M. to 9:30 P. M.
Thpre being no further business, J: B. Ables motioned:to adjourn, the time
8:35 P. M.
Next meeting January 22, 1968, 7i30 P; M.
JANUA RY 22, 1968
The mid -month meeting of Mayor and Council was held at City Hall January 22,
1968 and called to order by Mayor G. W. Kreeger at 7:30 o'clock P. M. All
Council Members present including consultant engineer, building inspector,
department heads and City attorney.
In the first order of business, Mr. Bruce:iNeubauer of Wills High School re-
quested the Mayor and Council to consider the issuance of a permit for collection
of March of Dimes contributions at the street intersections in the City of
Smyrna. Permission granted on motion by J. B. Ables, seconded by Homer Kuhl,.
and voted unanimous.
A citizen on Spring Road requested Council to consider the erection of a Stop
sign at the intersection of the existing Spring Road and the present four land.
Council approval came on motion by R. H. Wood and passed with instructionsi.to
J. 8. David to erect,a Stop.sign at the above intersection.
A notice of appeal, City of Smyrna versus Billy Carden, states the defendant
being dissatisfied with the ruling of the Recorder's Court of January 16, 1968
and requested.to be heard before the Mayor and Council. The Council set the
date on motion _by J. C. Porterfield for February 5, 1968 at 7:30 o'clock P. M.
Motion seconded by C. W.• Armour and voted unanimous.
Appeal of traffic violation, City::,of Smyrna versus James L. Chatham, (case #12957)
was read in Council. Date of hearing before Mayor and Council was set for
February 5, 1968, 7:30 o'clock P. M. Motion by J. C. Porterfield, seconded
by C. 0. Canada.
11 ,6.
(Continuation of January 22, 1968 Meeting)
Petition for annexation was,submitted in Council by Mr. Garvin and
Mr. Perry covering three acres. more or -less. and fronting on the
east right-of-way of Labe Drive. The petition states the property
zoned by Cobb County as District "C" with use permit issued for'
warehouses and office facility. The action of Council as follows:
a. Petition for annexation as -provided by law is hereby,annexed
to the corporate limits o#' the City of Smyrna. The petitioners
agree to abide by all ordinances, codes and regulations of the
City of Smyrna and further that regular taxes for the year
1969 are payable or an amount equivalent thereto for City
services rendered.
b. House trailer on the premises was per motion permitted for
rental purposes for twelve. months from above. date.
c. The petitioners agree to pay 50% of the - estimated sewerage
facility cost ($1450) for trunk line from Lake Court to._the.
petitioners'property line, a distance of 289 feet.-,
All the above.items, a, b, and c approved by unanimous vote on
the motion of J. B. Ables:, seconded by B. F. Stewart.
The Council further authorized the issuance of a building permit
for a'prefabricated building, said issuance to be withheld pending
receipt of plans, check out. and approval by building inspector
C. M.. Hamby. Motion by J. B. Able's. seconded `by J. C. ,Porterfield.
voted unanimous.
The Council set February 19. 1968 for the public hearing on the
petition to rezone from R-1 residential to District "C" commercial.
73 parcels located on Concord Road, McLendon, Dell, and-Ridgecrest
Drive. Motion by J. C. Porterfield, seconded C. W. Armour, motion
carried. `
The Council set February 1Q. 1968 for hearing the zoning petition
submitted by G. Robert Howard, Attorney, representing Southern
Bell Tel. & Tel. Company, to rezone the property of J. L. Edge
on Mimosa Circle from R-1 residential to C-1 commercial. Petition
states that Southern Bell has option on the property for the
purpose of expansion. Motion by J. C: Porterfield seconded by
C. 0. Canada and carried.
The following building permitsrwere called out by Mr. C. M. Hamby
and on his recommendation and check out were approved by Council
as follows:
1. Lexington Arms Apartments, ten buildings, forty units, located
on Roswell Road, on the H.' M. Christian" property, formerly
zoned R-2, approved on motion by J. C. Porterfield and seconded
by R. H. Wood. MEMO: The total property when completed will
be' 25 buildings oT-7our units each or one hundred units.
Drainage pipe under Whitfield Street referred to J. E. David.
also title to the lift station on the property.
2. On C. 19. Armour's motion, one sign 21x52' was approved for the
Doctor's Building on South Cobb Drive. Motion seconded by B.
F. Stewart and carried.
3: One sign, Belmont Shopping Center, for Sears Roebucl.- & Company.
approved per motion J. C. Porterfield, seconded R. H. Wood
motion carried. MEMO: Sears RoebucIr leased the property formerly
occupied by Mye-rs7MTkson Furniture Store.
r
4.. Request for a permit to remodel the present structure of
Tenneco, South Cobb at Cherokee Road, was withheld pending
revision of submitted plat and more specific information
prior to issuance of requested permit. .
A check was presented in Council covering Project SUS 1383 from
the State -Highway Department of Georgia in the amount of $29,273.53
City of Smyrna invoice submitted covering progress bills paid by the
City of Smyrna as follows:
(Continuation of January 22, 1968 Meeting)
117
J. E. Lovern Construction Company..... 32,526.15
Hensley -Schmidt, Inc.......:.......... 7,243.48
Total
$39,769.63
The above mentioned' chec?, for $29,273.53 -represents payments
by the City of Smyrna to J., E. Lovern in the amount of $32,K26.15.
les's retainage' of 10% or $29 273.53. The total -amount of construction
engineering to be recovered �7,243.48 was withheld.pending requested
information and/or letter from Mayor G. W. Kreeger.
The report of 12 months engineering cost. Hensley -Schmidt, Inc.,
submitted in Council by committee chairman Q. W. Armour was dis-
tributed, discussed end the motion to adopt withdrawn pending study
by Council members. Deferred to February 5, 1968 meeting.
Tax on transfer of.'real property HB #561 was discussed in Council
by City Attorney Berl T. Tate. The newlaweffective January 1,
1968 deletes federal documentary stamps in lieu of state collected
revenue and provides for the distribution,to the counties and the
cities in Georgia. 1,
Mik
A letter of January 12, 1968 from the State Highway Department of
Georgia was read in Council calling out certain needed changes in
W Smyrna to conform with the Georgia Manual -on uniform traffic -con-
trol devices with recommendations hinging on corrective action
relating to signs, pavement marking, speed zones, traffic signals
and accident reporting. The letter further states that the .traffic
control devices called out in the -manual shall be installed in con-
formance with State standards by December 31, 1968. Reply to said
letter by Mayor G. W. Kreeger was mailed January 25, 1968.
Financial reports were distributed by finance chairman Homer Kuhl
with brief d.iscussion regarding actual expenditures in excess of
budgetary allowance -in several departments..
Mayor G. W. Kreeger called out the following committee assignments:
a. Chairman of garage operations, J. C. Porterfield.
b. Representative Smyrna library board, J.,B. Ables. _
City attorney Berl T. Tate submitted the right-of-way of Church
Street at the Church of Christ as 50 foot right-of-way and that
quit claim deed conveying 15 foot strip of land, City of Smyrna
to Church of Christ, Inc. was now, in, order., ,
Council discussed a proposed future annexation of unimproved
property in LL 807, 808,,and 848 on the east side of the City and
north of Spring Road. The property zoned in Cobb County for
multiple family dwellings and City services with provision for
tap -on to City,of Smyrna sewerage facility was discussed. On a
motion by Councilman Homer Kuhl, seconded by J-. C. Porterfield,
the Council voted unanimous that a letter shall originate .from the
City stating that sewage facility is available.
Mr. J. E. David reported to Council that City water service in, -.the
Deerwood subdivision on Concord Road,would be.in effect on Feb-
ruary 5, 1968.
Mr. G. C. Fortner, owner of the property located at the bend of
Glendale -Place, claims the sidewalk ,installation by Cobb County is
on his property. No evidence was -submitted by Mr -Fortner by deed
or survey to support his claim of encroachment. The problem was
discussed with Hensley -Schmidt, surveyors for Cobb County for
sidewalk installations in the City of Smyrna, and with Mr. Fortner
who requests the City of Smyrna to reimburse him for damages in
the amout of $200. The Council in.discussion.during December 1967
and January 1968 meetings reasoned that the sidewalk installations
and fill materials improved the value of the property and in the
absence of proven facts. surveys. or plats of the G. C. Fortner
property, that the City was not indebted by the claim of encroach-
ment. Action on this agenda item of above dated meeting came on
motion by J. B. Ables and seconded by C. W. Armour that this
Council reject Mr. G. C. Fortner's proposal to settle for damages
claimed in the amount of $200 for the alleged encroachment. The
motion as stated was voted unanimous.
i
(Continuation of January 22, 1968 Meeting)
In the final action, the Council voted -unanimous that the reported
cost to correct the sewerage system and surface water -damage at
the King -Arms Apartments in the amount of $700 is to be borne by
the owner. This corrective action and cost thereof is the result
of estimates secured by the owner to correct certain deficiences
in the sewer line installation, the lack of inspection thereof,`
and for unpaid'sewer'tap-on fees in the amount of $1,050, as per
Mayor Kreeger's le'ttbr`of 1967. On motion by J. B. Ables, the
corrective action, sewer facility, surface water and creek damage
in the amount of $700 shall be borne by'the-owner and the sewer
tap fees ($1,050) are hereby waived in lieu of $200, the rate in
effect at time~of"tap, sewer tap -on fee.'- The -motion seconded
by B. F. Stewart and voted unanimous. _ ^
The Council voted unanimous to participate in the Cobb One -
Hundred Committee for business development and J. B. Ables'
motion authorizes one membership in this'project at,$100,00 per
year. Motion seconded by Homer Kuhl and carried.
In connection with the silver anniversary of=°the Ameri6bfi Legion
Post #160, the Council voted to expend $97,50 towards the pub-
lication of the American Legion Yearbook which calls out 25 years
of the history of the City of Smyrna. 'The motion, -of J. C. Porter-
field, seconded,by J B. Ables, authorizes the expenditure -of
$97.50 as'a participant in the above publication.
Council approved issuance of a business license in -the amount -of
$100 to George Leonard to carry on the business,of pawn broker.
Approval per motion'J. B. Ables, seconded by"B,. F.•Stewart, motion
carried. MEMO: The fee of $100 is called out in the business
license sciEe=u6 of fees under code #5230.
Councilman J. B. Ables, Chairman of, Police and'Fire, read the
annual 1967 reports of the fire department and police department
operations for the calendar year of 1967 which verb considered"
commendable by the Mayor and Council.
C. W. Armour's motion deletes the sick leave payment to employees
of the sanitation department called out in prior minutes as a
payment of one week's salary to be paid -to all employees of the
sanitation department whose record revealed they wor'�ed 52
consecutive weeks without any sick leave payment. Motion seconded
by C.O. Canada and voted unanimous.
A malt beverage retail license was granted on motion by C. W.
Armour to Mr. J. W. Hilton, 1741 Roswell Street. Motion seconded
by B. F. Stewart carried four to three. Voting against the motion.
J. B. Ables. R. H. Wood and Homer Kuhl.
Mr.-W. T. Aenchbacher. employee of the parks department was per
agreement of Council and on motion' of J.' C. Porterfield. trans-
ferred temporarily to the street department -until such time as his
services are required in the parks department. Motion seconded by
R. H. Wood which carried.
City of Smyrna library representative J.IB. Ables recommended and
motioned that library employee Mrs. Kathryn Jones' salary of ,$325
per month is hereby approved at $375 per month effective January
1, 1968. Miss Judy Brooks' current salary of $275 per the motion
shall be increased to $300 per month effective January 1, 1968.
The motion as stated by Councilman J. B. Ables was seconded by
B. F. Stewart and voted unanimous.
There being no further business the Council adjourned. The
time 9:28 P. M.
Next meeting February K. 1968.
1.19
(Continuation of January 22. 1968 Meeting)
reeger,Mayor ar es, y er.t
rmour, Councilman Wardes , uouncrIman Ward
,
Sanitation 6-lice. Fire & C.D'.
Wood. counci-Iman Ward 3 Tro—m—er--Xubl.Councilman Ward
Streets & Maintenance Finance & Administration
V4 7
ana a :Co"cilman Wardor�er a ounc man
Paris & Recreat o and 6, Tre ment Plants
B : ewa r Councilman a r
Water