01-23-1967 Scheduled Meeting3
(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.
(Continuation of January 23, 1967 Meeting)
On hearing the evidence of Michael D. Foster, defendant, and
Officer Teal of the Smyrna Police Department, regarding the
appeal from Recorders Court on a charge of improper exhaust,
the Council upheld the decision of the Recorders Court on
motion by D. L. Mixon, second B. F. Stewart, motion carried.
In connection with the new establishments on South Cobb Drive,
namely, Zayrefs Department Store'and a new theater, a discussion
followed in Council regarding a major traffic problem which will
exist at the intersection of South Cobb and Glendale Place. A
study by the State Highway Department was completed and a permit
issued for erection of a traffic signal at the intersection to
be coordinated with the signals at Cherokee and Powder Springs
Street. The permit was dated December 8, 1965. Mayor G. W.
Kreeger referred the above to committee for study and recommen-
dation and report at next meeting, Homer Kuhl, Chairman.
The Council set February 20,,1967 as the date for public hearing
for rezoning the Reed Estate -property on Stephens Street from
Lo R-1 Residential to R-2 Multiple Housing, Restricted. The vote
was unanimous on Homer Kuhl's motion, seconded by C. W. Armour.
W The motion by Homer Kuhl, seconded by C. W. Armour, calls out
V February 20, 1967 as the date for public hearing to cons ider the
rezoning of the Ida Rhodes property located at 511 Church Street
from R-1 Residential to C-1 local Commercial District.
Bids were received and opened covering the proposed widening of
Ward Street, curb, gutter and sidewalks as follows:
Neel Contracting Company (Memo- Bid accepted $23,937.25
2-6-67, sidewalks deleted)
C. W. Matthews Contracting Company 27,495.40
B. & W. Concrete Company, Inc. 26,364.00-
Mayor G. W. Kreeger referred all bids to City Engineer for dheck
out with stipulation that if the bids meet the specifications
submitted, authority is given to accept the low bid of Neel
Contracting Company. The above on motion of C. W. Armour, second
J. B. Ables, and voted unanimous.
Sealed bids were received and opened covering the installation of
sidewalks, curb and gutter on Church Street from Davis Street to
Flagler Circle as .follows:
C. W. Matthews Contracting. Company $18.2.03.60
B. & W. Concrete Company. Inc. 16.635.10--
Neet Contracting Company 1� . 323.2.5
On motion J. C. Porterfield. second Homer Kuhl. the Council voted
to accept the low bid of Neel Contracting Company with the pro-
vision that said low bid shall per check out by City Engineer
meet with the submitted specifications.
Councilman R. H. Wood reported on the allocation of 1965 Improvement
Bond Funds for sidewalk construction in the area of the Smyrna
schools as follows:
Sidewalks at,Campbell High shall be installed from Crestwood Trail
to the north driveway of Campbell High on -the east side of Atlanta
Street; Brown School sidewalks to be extended on Brown Court to
South Cobb Drive; Smyrna Elementary sidewalks to be installed from
Davis Street to Flag ler Circle; Belmont Hills School on Birch
Street from Powder Springs to Glendale Place and Glendale Place
From School entrance to Glendale Circle; Nash -Wills sidewalks, on
Ward Street from Cherokee to Powder Springs and on Powder,.Springs
from Ward to Guthrie. State Highway department will construct
sidewalks to Argyle School as part.o.f the widening project. Total
allocation of bond funds .for the above improvements excluding.
Argyle, $59,600. MEMO: Hawthorne School sidewalks to be completed
by county contract.
(Continuation of January 23, 1967 Meeting)
Mayor G. W. Kreeger referred to committee, furniture bids for the
Jonquil meeting rooms with authority to select the best bid and
authorize purchase. The committee, J. B. Ables, Chairman, R. H.
Wood and J. C . Porterfield.
A Resolution was adopted as amended which refers to release of lots,
Green Forest Unit #1 by reason of an outstanding Fi Fa filed by the
City of Smyrna for water lines and fittings in above mentioned
subdivision. The Resolution as amended strikes the words in line
two which calls out the improvement as sewer taps and is amended to
read water mains. The motion to adopt as amended by J. C.'Porter-
field,•second J. B. Ables, and voted unanimous. The Resolution
follows:
R E S O L U T I O N
WHEREAS, there is an outstanding Fi Fa filed by the City
of Smyrna against Investors Land Corporation for water mains in-
stalled in the Green Forest Subdivision, Unit 1; and
WHEREAS, the owner of said subdivision has expressed a
financial inability to satisfy the Fi Fa in its entirety; and
WHEREAS, it is legally impossible for the owner of said
subdivision to pass a clear legal title to prospective purchasers
of lots within said subdivision;
NOW, THEREFORE, be it resolved by the Mayor and Council of
the City of Smyrna that Mayor George W. Kreeger and City Clerk
Les W. Charles be and they are hereby authorized and empowered to
execute quit -claim deeds to lots within said subdivision upon receipt
of the payment of $250.00 for each quit -claim deed as requested,
said payment to be received prior to execution of said quit -claim
deeds.
CITY OF SMYRNA
BY /sl GEO. W. KREEGER
MAYOR
ATTEST:
/s/ L. W CHARLES
CITY CLERK
MEMO: The following legal documents have been filed for record in
connection with the above Resolution:'
1. On May 23, 1966 a note in the amount of $6,954.64.for water lines
and fittings in Unit #1 Green Forest was signed by Quinton S.
King, President, Investors Land Corporation, said note to be
paid on or before July 22, 1966.
2. On the 6th day of October, 1966 a Fi Fa was signed and recorded
by the City of Smyrna in the amount of $6,954.64 for water lines
and fittings, Green Forest Unit 1, said Fi Fa against King -
Williams Land Company.
3. On the'20th day of December, 1966 the second Fi Fa was signed
and recorded for water lines and fittings Green Forest Unit #1
in the amount of $6,954..64 against Investors Land Corporation,
.Quinton S. King, President.
The invoice, $3,087.44, covering one compound meter installation by
the Cobb County -Marietta Water Authority on South Cobb Drive came up
for discussion. The Mayor requested the committee, Homer Kuhl,
Chairman, to continue discussion with the Authority and report next
Council meeting.
(Continuation of January 23, 1967 Meeting)
A proposed revision to existing building permit fees was submitted
in Council by building inspector C. M. Hamby. In discussion,
Councilman Homer Kuhl motioned to approve the revised building
permit fees which on second by D. L. Mixon was adopted as amended
and voted unanimous. Revised fees to become effective February 1,
1967, copy of same attached and made a part of the above dated
minutes. MEMO: The amendment affects the wording of permits
approved for -signs gns only. J
Amendment to the existing malt beverage ordinance was deferred
per request of D. L. Mixon.
The Council discussed the issuance of -a malt beverage retail
license for'the Johnny Reb Food Stores, Inc., 2821 South Cobb
Drive, known'as Store #3. A motion made by D. L. Mixon authorized
the issuance of the malt beverage retail license to the Johnny:Reb
Food Stores, Inc. on South Cobb Drive known as Store #3. Motion seconded
by C. W. Armour and carried .four to three. Voting for the motion: J. C.
Porterfield, C. W. Armour, D.L. Mixon, and B. F. Stewart. Voting
LM against, J. B. Ab les, R. H. Wood and Homer Kuhl.
The City Council reviewed the Financial Reports for December 1966
W and Year to Date. Comments were brought out by the Mayor and
V Finance Director regarding overspending of budgets covering de-
partmental supplies with request to hold expenditures at'or below
budgetary controls by reason of nonbudgeted expenditures covering
meeting rooms in the fire station and additional reading room in
the public library.
1967 Business Licenses per approved Ordinance were revised and
amended on motion J. B. Ables, second C.-W. Armour, as follows:
Code 2320 Lunch Counters with Drive -In Windows
(Large Volume) from $150.00 to' $75.00
Code 2320 (a) Lunch Counters with Drive -In
FAclity (Small Volume) $50.00
Code 2320 (b) Lunch Counters without Drive -In
Windows $25.00
Large volume refers to Dairy Queen and Sandy's
Small Volume refers to Dog & Suds
The Council agreed to delete auto parts business license in the
amount of $75.00 thus reducing Fouts Brothers Sinclair Station and
Wrecker Service from $225.00 annual business license to $,150.00.
It was agreed that independent merchants operating a retail depart-
ment'store for the sale of millinery, fabrics, and other merchandise
In Rich's or Zayre's Department Stores are not subject to a -,City
of Smyrna business license tax.
The Council heard the appeal of Charles L. Bailey from his convic-
tion in Recorders Court and set February 6, 1967 as the date for
hearing before Mayor and Council.
It was announced that the Mayor and Council, County Commissioners,
Legislators in the General Assembly and the Board of Education
would be present at the Nash -Wills Stadium.Booster Banquet January
28, 1967.
In final action, the Council:
1. Requested all information pertaining to the 1967 Smyrna House
Bill be submitted to City Attorney.Berl T. Tate.
2. Approved sewerage facility .from Wills to Quarles at -the esti-
mated cost of $4.10.00 which will permit tap-ons by Martha
Quarles and C. L. Deal.
3. Authorized City Engineer J. E. David to install at cost
(estimate $270.00) additional sewer lines in the rear yards
of two citizens located at 301 and 295 Lee Street.
4 2'.
(Continuation of January 23, 1967 Meeting)
4. Agreed to reimburse Mr. Norman F. McInnes 1966 personal
property tax in the amount of $20.57*based on information
submitted that he was not residing in the City of Smyrna
January 1, 1966.
K. Accepted and filed two quit -claim deeds covering a portion
of land .formerly known as Ann Street,•and recorded as a
reserved street, to the adjoining property.owners Mr. R; L.
Cockrell and Mr. Samuel G. Anderson. MEMO: Proposed Ann
Street was deleted from plat.
6. Agreed to waive sewer tap fee with the provision that'Mr.
Loudermilk will pay the full cost of a sewer main from the
existing trunk line in Spring Road and run•the eight inch
line plus man hole to her property, approximately 150 feet.
7. Discussed a proposed Baptist Church on Bank,Street at
Pinehill with the stipulation that land use permit must be.
approved in public hearing before the,Mayor and Council.
8. Discussed the specifications for a new fire truck, purchase
of same deferred to the next fiscal year.
There being no further business a motion was made to adjourn.
time 10:20 P. M.
Next meeting February 6, 1967, 7:30 o'clock P.., M.
BUILDING PERMIT FEES (Par. 1, Page 41)
Effective February 1, 1967
No charge is made for permits, where estimated cost is not more
than $300.00.
$301.00 to $500.00
501.00 to 1,000.00
1.9001.00 to 1,500.00
1,501.00 to 2,000.00
2,001.00 to 2.500.00
2, K01. 00 to 3. 000- 00
Then $1.25 per one thousand,
cost.
2 , 00
3.00
4.00
5.00
6.00
7.00
The
or part of one thousand of estimated
,NEW HOUSES AND OR -APARTMENTS
0
The minimum estimate cost for brick veneer, (brick or stone) shall
be $8.50 per square _foot (livable floor space).. Basement, car ports.,
and porches shall be $3.00 per square foot. All frame dwellings
shall be $7.50 per square foot.
There shall be a charge of $7.00 for the first $3,000.00 then $1.25
per one thousand or part of one thousand of total estimated cost.
COMMERCIAL, AND INDUSTRIAL
A charge of $1.50 per one thousand or part of one thousand shall be
charged on all commercial and industrial construction other than
apartments, a certified contract price or certified contract cost
will be used as a basis for establishing permit fees.. In the
absence of such certified contract, the inspector shall determine
a just and reasonable cost.
SIGNS
Signs up to 8 sq. ft. unlighted $5.00. lighted $7.50
,,.Over 8 sq, ft. shall be computed at .251 per, sq. ft, for unlighted
and .50d per sq. ft. for lighted.
'Over 8 sq, ft. add 25� additional per unlighted
Over 8 sq. ft, add 5V additional per lighted
(Continuation of. January 23, 1967 Meeting)
reeger, Mayor
C. W. Armour, Councilman Ward 1,
Sanitation
R. H. Wood, Councilman Ward,3,
Streets & Maintenance
-P, ��- r I � �9�
D. L. Mixon, Councilman Ward ?,
Water °
i
B. F. ewar ounci man WaFT 7
Treatment Plants
Charles. 1 y Uierk
J B. Ablesi; Councilman Ward 2,
Finance & Administration
Homer Kuhl, Councilman Ward 4,
Police, Fire & C.D.
C. PorterfA el ounci lman
raid 6, Par. & Recreation.