11-20-1967 Mid-Monthly Meeting102
(Continuation of November 6, 1967 Meeting)
The second letter addressed to the Mayor of the City of Smyrna
from Attorneys Payne, Barlow and Green refers to damages claimed
in an accident on July 18, 1967, involving a City of Smyrna
garbage truck and automobile driven by a Mrs. Grace Cole in the
area of Austell and Pat Mell Roads. Copy of letter forwarded to
Mr. Robert -Fowler for follow up.
Improved properties on Pinehurst Circle within the City limits
were permitted to secure septic tank permits on certain resi-
dential lots which at the time of annexation were known'to be
lower than,the sewer facility. Council requested that the City
Hall records be checked to determine any over -payment in con-
nection with City of Smyrna sanitary disposal taxes and monthly
water billings and reimbursement if any to be approved in the
Mayor and Council meeting scheduled December 4, 1967. Mr. J. E.
David to check and report.
There being no further business, a motion was made to adjourn.
The time 10:15 P. M.
The next meeting scheduled November 20, 1967.
NOVEMBER 20, 1967
The mid -month scheduled meeting of Mayor and Council was held at
City Hall and called to order November 20, 1967-at•7:30 o'clock
P. M. Mayor G. W. Kreeger presiding and all Council Members
present including Department Heads, Building Inspector and City
Attorney. Mr. Andrew Waldrop was present representing Philip-J.
Sutton on the east side sewer project.
In the first order of business, Mrs. V.'M. Edwards, 1082 Starline
Drive, appealed to the Council with reference to sewage backing
up into the residence, mostly during heavy rains. It was brought
out that Stasco Plumbing & City of Smyrna Inspector W. L, Westbrook,
were called in -on this problem which was partially resolved for
Mrs. Edwards with the installation of a check valve. Mayor Kreeger
further brought out that the problem was not theCity's responsi-
bility by reason the -house was built too_ low; however, it was
agreed that Stasco, Inspector Westbrook and Mr. J. E. David would
get together to help resolve the problem.
Mr. David Corn requested a permit be issued by the Council for
sale of Christmas trees at 191 Hawthorne Street, and further
requested permit for the sale of produce. This item deferred
for action by the Business License committee. The committee met
at 9:45 P. M. and the following decision submitted for the Minutes:
a. License, sale of Christmas trees, $15.00.
b. License, small grocery or fruit stand, pro -rated fee $12.50.
c. Display stand 30 square feet front on outside of building.
d. -Sale-of produce inside the structure only.
e. -Erection of signs per approval of building inspector.
Mr. Henry G: Kalb, Jr. -appeared in Council as spokesman fol- the
•zoning hearing of.,the-Porter and Chester property on East Spring
Road. Advertised petition requested R-1 residential to C-1
commercial area for the purpose -of a Sinclair Service Station.
Lay out, plats, and photographs of the structure on the land
were submitted showing concrete ornamental fence at the rear of
the business area with a statement that fast growing shrubs would
be planted along the -lot line dividing the business property from
the residential area.
Mr. Bill Brooks, next north of proposed station spoke it} o position
of the zoning. Members of. thk Bethel Baptist Church objec'ed to
10 3'
(Continuation of November 20, 1967 Meeting)
the Sunday operation of the station. Mr. Walter Gresh, Sinclair
representative, agreed to write a letter to -the Church regarding
closing of the.station.during church services. -The motion by
Homer Kuhl authorizes the rezoning of the Chester and Porter
property as advertised from R-1 residential to C-1 commercial
area. The motion was seconded by D. L. Mixon and voted unanimous.
The advertised zoning petition ofDr.Sigal, Knight and Hoff was
scheduled_to be held this date. Request for deferment came from
Mr. Oglesby, owner of the property which the petitioners seek
to purchase and zone for automobile parking. Deferment is
hinged on incomplete survey, paper work held in abeyance by
V. A., transfer of title, and the pending sales contract. In
connection with the above deferment, Mr. C. D. Yeager of Pinehill
Drive, requested Council action in redirecting the flow of the
creek which Mr. Yeager claims is now ponding up by virture of the
medical parking lot. Mr. J. E. David authorized to check out
and report.
The request for
quit claim deed City of
Smyrna of
a strip of
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land twenty feet
in width on the Gilbert
Property,
King to Reed
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Stree,t, came up
for discussion. City Attorney
Berl
T. Tate
20
researched this
property and claimed no
record was
found showing
W
the owner as the
City of Smyrna. It was
agreed by
Council that
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further requests
for quit claiming this
property should
come
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from the interested
people of record.
The report was submitted in Council by J. E. David and Elmer
Wester that the Woodland Arms lift station has been, per previous
request by Council,,converted, and further that the pump station
is up to City requirements. The decision before Council hinged
on date the City would take over operation and maintenance of
the Woodland Arms lift station. Council voted unanimous on
B. F. Stewart's motion, to accept the station for continuous
maintenance, repair, and all costs incidential to operation as
of this date. Motion further states that electric current per
billing date of 10-6-6.7 in the amount of $37.09, and billing
as of 11-6-67 in the amount .of $39.34, a total of $76.43, to be
absorbed by the City of SqLyrna. The unpaid electric current per
billing of August and September 1967 in the amount of $59.82 shall
be borne by the Woodland Arms Apartments. The motion as stated
above seconded by D. L. Mixon.
Four permits were submitted in Council and on the recommendation
of building- inspector C.-M.. Hamby, the Council approved said permits
as follows:
1. The golden arch signs of the MacDonald Drive -In on Cherokee-
Road reduced in size from the original plat to approximately
50%. Motion by Homer Kuhl, second B. F. Stewart, Thee -vote
was six to one, J. C. Porterfield opposed.
2. Removal 'of partitions and installation of one bay window for
the Anne Henderson Flower shop, 685 Cherokee Road. Motion by
C. W. Armour, second by D. L. Mixon, and voted unanimous.
3. One sign two feet by two and one-half feet for -AAA Flower Shop,
685 Cherokee Road. Motion by D. L. Mixon, second B. F. Stewart,
voted unanimous..
4. Artistic, four foot by ten foot sign, for Gino's restaurant,
South Cobb at Jones Shaw to be erected on canopy at rear of
structure. Motion by D. L. Mixon, second J. B. Ables, and
voted unanimous.
The check out of bids for traffic signal Ward and Cherokee was sub-
mitted by Mr. Adams of Hensley and Schmidt, Inc. The bid specifi-
cations called out (1) two phase full actuated traffic control
signal equipment and installed at above intersection. On the
recommendation of the engineer,. Mr. Adams, a motion by Councilman
Homer Kuhl authorized the awarding of the contract for the traffic
signal to Frank R.Parker Company, Tucker, Georgia, in the amount of
$2,249.20. The motion as stated is subject to notification and
approval by Tenneco Oil Company.. Motion seconded by J. C. Porterfield
and voted unanimous.
_ 0 4
(Continuation of November 20, 1967 Meeting)
The Council requested City Attorney Berl T. Tate to write a letter
to -Attorney Marion.H. Gibbons regarding claim for damages to prop-
erty of Mr. G. E. Ivey, 785 Spring Street, Smyrna. Mr. J. E.
David stated that no report had ever been received in his office
on the claim of -.damage to the property because of sewage backing up.
The Council, on motion by D. L. Mixon, adopted as read a new
Ordinance pertaining to the possession and stabling of horses,
cows, mules, hogs, and goats within the City of Smyrna. The
Ordinance attached to the Minutes and made a part hereof repeals
the Ordinance of 195$ and the Amendment of 1959. The -motion to
adopt as read seconded by R. H. Wood and voted unanimous. EA plat
of the proposed,sanitary sewerage facility was submitted in- .
Council by Mr. Andrew.Waldrop of Hensley -Schmidt, Inc. The plat
calls out five drainage areas in the sewer study east from,Bethel
Baptist Church to the 4-Lane Highway showing the cost of in-
stallation per area.
Superintendent J. E. David of the Smyrna Public Works, reported
the compound meter for installation in Deerwood Subdivision, would
be installed upon receipt and that the final meter reading cut off
date by Cobb County is tentatively. set at December 17, 1967.
In other departmental reports, the Council:
a. Authorized the chairman -of the water committee to submit letters
giving ten days for reimbursement to the City on delinquent
water bills of the following apartment projects:
Cherokee Gardens $4,357.60
Concord Apartments , 1,277.00
Highlands Apartments 2,670.00
b. Authorized on J. B'. Ablest motion reimbursementto six property
owners on Pinehurst Circle for overpayment of water bills or
sewer tax by reason of permit issued for septic -tank installation
prior to construction of the six homes. -The motion to reimburse
after check out seconded by B. F. Stewart and voted unanimous.
c. Discussed the submission of plans, drawings, etc. in connection
with remodeling structures in areas where land use permits are
requested.
d. Set date for Walter C. Holmes hearing from traffic court appeal
at December 4, 1967. Motion by J.,C..Porterfield, second by
D. L. Mixon.
e. Requested Hensley -Schmidt to submit the exact right-of-way of
Church Street in the area of the Church of Christ on or before
12-4-67.,
The October Financial reports showing year-to-da*,General Fund
operations were distributed by Councilman J. B. Ables.
A statement was submitted in Council showing thetad valorem -tax on
the real property of Cobb County Center. The computation of tax due
to Cobb County, Fair Oaks Fire District, per House Bill #706,
calculated at five mills less.legal transfer of millage set aside
to retire funded debt, net amount due $5,065.42. Authority to
release check in the above amount covering 1967 tax per House Bill
#706 came on motion by J. B. Ables, second by B. F. Stewart, and
voted unanimous.
The Council approved appropriation of funds required to relieve
over draft in the Bank of Smyrna Extension and Construction Fund.
The appropriation per agreement t6 be made from Water Revenue or
the General Fund payable to the Extension and Construction fund in
the amount of $8,000.00. 'c
November 23rd City Hall to be closed in observance of Thanksgiving
with front counter open Friday November 24th and Saturday 25th, 1967.
There being no further ilness, motion made to adjourn-at-9:40 P.M.
Next meeting date December 4, 1967.
105
(Continuation of November 209 1967 Meeting)
C•. W. reeger, Mayor
C" `U
C. W. Armour. Councilman Ward 1
Sanitation
0-17/"
R. H. Wood, Councilman War
Streets & Maintenance
41'
//p# D. L. Mixon ounce man Ward 5
Water
c j
B. F. Stewart, Council an Ward 7,
Treatment Plants
L. W. Char IS
, City Clerk
J . Ables, Councilman War 2
finance & Administration
Homer Kuhl, Councilman Ward
Police, Fire & C.D.
1
Porter-fdeld, Councilman
and 6, Par & Recreation
O R D I N A N C E
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 the owner, or any other person
having possession of any cow, horse, mule, hog or goat to allow such animal
to run at .largo in any street or public place within the City of Smyrna.
SEC`i'I0.11 2. It shall be unlawful for any owner, or any other person
possession ossession of any cow, horse, mule, hog or goat, to stable or otherwise
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confine any such animal in the City of Smyrna, within 100 yards of any dwell-
ing wherein a person or persons reside, any such confining or stabling of cows,
horses, mules, Bogs or goats in the City of Smyrna by any person is herewith
dcca_,,yccd to l>c ci nui.-,ance 'likely to endanger the public health.
SIsC`TTON 3. It shall be unlawful for any person to maintain a stable,'
pen, or other place of confinement for' -the keeping of cows, horses, mules,
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hogs or goats in the City of Smyrna within 100 yards of any dwelling wherein a
person or 'persons live and the maintenance of any such stable or place of
con-finement ['or the keepi_nr; of the aforesaid animals is hereby declared to be
a nu.�i_saric.r :I_i_;�c�ly to endanger the public health.
SECTION 4. It shall be unlawful for any owner, or other person
having possession of any cows, horses, mules, hogs or goats, to stable or
confine more than three (3) of such animals together within an enclosure
containing .less than 500 square feet in the City of Smyrna and the stabling
or cona.'ininu, of more than three (3) such animals in any enclosure containing
less than 500 square foot is herewith declared to be a nuisance likely to
endanger'the public health.
SECTION 5. Any person found guilty of violating any section of this',
Ordinance shall_ be punished by a fine not to exceed $100.00, by imprisonment
in the City Jail not to exceed 90 days or by work on the streets, sidewalks or
REED & TATE ij pli.b,l.ic woC'1i.3 of said City of Smyrna riot to exceed 30 days, or by one or more, �
ATTORNEYS AT LAW {4
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discretion, see fit to impose.
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SEC,ri (m b. &, it .;=urther enacted, that in the event of any section,
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c.lausc or phrases of this Ordinance being declared or
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'I adjudged invalid or uncon;,t:itut_i_onal, such adjudication shall in no manner 1
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affect tho other sections, subsections, sentences, clauses or phrases of this
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R Ordinance, which shall remain of full force and effect, as if the section,
subsection, sentence, clause or phrase so declared or adjudged invalid or
tin const,i.tit, i_ona.l. was not origi.nall,y a part hereof.
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Ordinance are hereby repealed.
SECTION 8. Be it further ordained, however, that all powers belong-
f� ing to said City, as now incorporated, and all rules, ordinances, and
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reg'ulat:i_ons of said C:i.t,y, not :in conflict with this Ordinance, shall be and
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Adopt(d NoL"ernl)«er 20, 1967.
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