January 9/23 February 6/20, 1967 Mayor and Council
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JANUARY q, 1967
The first meeting in 1967 was held pursuant to the charter on
January 9, 1967 and called to order at 7:30 o'clock 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.
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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-
of-way of King Street to the intersection of Stephens Street.
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-l
Residential to C-l Commercial, Professional Building. No opposi-
tion appeared. Councilman J. B. Ables motioned the zoning petition
as submitted be and is hereby rezoned from R-l Residential to C-l
Commercial, Professional Building. The motion was seconded by
Homer Kuhl and voted unanimous.
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The following action is recorded based on the testimony of Sgt.
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.
U CRA RGES: 1.
2.
3.
4.
ACTION: 1.
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Spinning Wheels, too fast for conditions.
Violation, State Motor Vehicle Inspection Law.
Improper Exhaust.
Improper Driver's License.
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 w~s upheld by unanimous
vote on motion D. L. Mixon, second B. P. Ste~art.
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.
Location
the recommendation of the
Council on unanimous vote:
Action
Motion Second
The following building permits were, on
building inspector approved by the City
Type of Structure
Warehouse Addition
30' x 60'
Ranch House Steak
Restaurant
Drive-In Window
Bank of Smyrna
Fortner's, So. Cobb Dr. D L. Mixon Homer Kuhl
No. of Waffle House
Homer Kuhl D. L. Mixon
So. Cobb Dr.
C. W. Armou~ J. C.
Porterfield
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(Continuation of January 9 Meeting)
Building Permits contd
Theater (820 Seats)
No. of Winn-Dixie
D. L. Mixon
R. H. Wood
Metal Panels above
Marquee
Belmont Shopping
Center
D. L. Mixon
Homer Kuhl
2' x 4' A Frame
Baptist Temple
Referred to Building
Inspector to meet
codes.
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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 49 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 ~I.:"
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 Zayre's Department Store
which shall include all types of merchandise, tires, auto
accessories, and appliances, and does not apply to any
L- merchandise sold in accessory or adjacent buildings.
Under Agenda Item No.9, Committee Reports were called out and
discussed by the chairmen wi th no action by Council on the
following:
a. Services to date at Cobb County Center.
b. Tear down of damaged ~esidence on Roswell in process.
c. Report on garbage disposal fees deferred.
d. Correction of safety hazards, Sandy's Drive-In, in work.
~ e. Amendment to malt beverage ordinance deferred.
The sani tation ordinance amended 1-9-61 and g-1L~-64 was further 0'1'
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.
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(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
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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
made application for and received a final inspection of said
tap-on.
SECTION 3. Violators of Sections 1 and/or 2 above
shall upon conviction be subject to a fine not to exceed $200.00.
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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.
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(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 o~ the Resolution received and released January 16.
1967 is as follows:
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"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.
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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 0
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 re~erBe
the decision of the Recorders Court action and refund the fine
imposed. Seconded by Homer Kuhl and voted unanimous.
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(Continuation or January 23. 1967 Meeting)
On hearing the evidence or Michael D. Foster, derendant, 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, Zayre's 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 trafric 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
R-l Residential to R-2 Multiple Housing, Restricted. The vote
was unanimous on Homer Kuhl's motion. seconded by C. W. Armour.
The motion by Homer Kuhl, seconded by C. W. Armour. calls out
February 20, 1967 as the date for public hearing to consider the
rezoning of the Ida Rhodes property located at 511 Church Street
from R-l Residential to C-l 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
2-6-67, sidewalks deleted)
C. W. Matthews Contracting Company
B. & W. Concrete Company, Inc.
$23,937.25
27,495.40
26,364.00
Mayor G. W. Kreeger referred all bids to City Engineer for Check
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
B. & W. Concrete Company. Inc.
Neet Contracting Company
$18.203.60
16.635.10
ILl. 323.25
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 or 1965 Improvement
Bond Funds for sidewalk construction in the area of the Smyrna
schools as rollows:
Sidewalks at Campbell High shall be installed rrom Creatwood 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 Flagler Circle; Belmont Hills School on Birch
Street rrom Powder Springs to Glendale Place and Glendale Place
From School entrance to Glendale Circle; Nash-Wills sidewalks on
Ward Street rrom Cherokee to Powder Springs and on Powder Springs
from Ward to Guthrie. State Highway department will construct
sidewalks to Argyle School as part of the widening project. Total
allocation or bond funds for the above improvements excluding
Argyle. $59,600. MEMO: Hawthorne School sidewalks to be completed
by county contract.
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(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 Ul
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:
RES 0 L UTI 0 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 /s/ GEO. W. KREEGER
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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.
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(Continuation of January 23. 1967 Meeting)
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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 worBing of permits
approved for signs only. ~
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
against, J. B. Ables. R. H. Wood and Homer Kuhl.
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The City Council reviewed the Financial Reports for December 1966
and Year to Date. Comments were brought out by the Mayor and
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:
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Code 2320 Lunch Counters with Drive-In Windows
(Large Volume) from $150.00 to
Code 2320 (a) Lunch Counters with Drive-In
Facility (Small Volume)
Code 2320 (b) Lunch Counters without Drive-In
Windows
$75.00
$50.00
$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
hea ring before Mayor and Counci 1.
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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 $410.00 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.
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(Continuation of January 23, 1967 Meeting)
4.
Agreed to reimburse Mr. Norman F. McInnes lq66 personal
property tax in the amount of $20.57 based on information
submitted that he was not residing in the City of Smyrna
January I, 1966.
5. 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.
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There being no further business a motion was made to adjourn. The
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
1,001.00 to 1,500.00
1,501.00 to 2,000.00
2.001.00 to 2.500.00
2,501.00 to 3.000.00
2.00
3.00
4.00
5.00
6.00
7.00
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Then $1. 25 per one thousand. or part of one thousand of es tima ted
cost.
NEW HOUSES AND OR APARTMENTS
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 0
apartments, a certified contract price or certified contract cost
wi 11 be used as a bas is for establishing permi t fees.. In the
absence of such certified contract, the inspector sha11 determine
a just and reasonable cost.
SIGNS
Signs up to 8 sq. ft. unlighted $5.00. Itghted $7.50
~} Over 8 sq. ft. shall be computed at .25~ per sq. ft. for unlighted
. and .soi per sq. ft. for lighted.
~~Over 8 sq. ft. add 25i additional per unlighted
O~er e sq. ft. add 50~ additional per lighted
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(Continuation of January 23, 1961 Meeting)
G. w. Kreeger, Mayor
(J~~
C. W. Armour, councilman Ward 1,
Sanitation
R. H. Wood, Councilman Ward 3.
Streets & Maintenance
jvf
D. L.
Water
Ward
B. ~~~~fiim~rn
Treatment Plants
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J B. AblesJ,~ Councilman Ward 2,
Finance & Administration
~'l'U~ Y~~0
Homer Kuhl, Councilman Ward 4,
Police, Fire & C.D.
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FEBRUARY 6, 1967
A meeting was held pursuant to the Charter of the City of Smyrna
at 7:30 o'clock P. M., February 6, 1967. Meeting called to order
by presiding officer Mayor G. W. Kreeger with all Council Members,
Department Heads, Building Inspector and City Attorney in attendance.
There were no citizens appearing with problems to be brought before
Council.
In the first order of business, the Council referred to the pre- 0-
viously submitted specifications covering one American LaFrance /
Spartan fire apparatus with 1,000 gallon capacity capacity pumping v
engine. On motion by Councilman Homer Kuhl and second by D. L.
Mixon the Council voted unanimously to purchase one new 1,000
gallon pumper with all additional equipment called out in the
specifications in the amount of $32,473 to be delivered within
200 working days from above date.
The appeal of the Recorder's Court decision in the case of Charles
L. Bailey, defendant, came up for hearing per petition submitted.
The case involved speeding on North Atlanta Road and improper tag;-.
On the hearing of evidence from Officers Harry Black and Joseph C.
Dodd and from the defendant Charles L. Bailey, the Council voted
six to one on motion by Homer Kuhl to uphold the action and decision
of the City Recorder's Court. The motion was seconded by B. F.
Stewart. Voting against the motion. J. B. Ables.
In the meeting a group of citizens from the Carolyn-Sprinp, Drive
area brought before Council a problem concerning surface water
drainage in the area. It was apparent from the evidence that certain
deviations have been built in since the recording of the final and
accepted plat submitted by developer Don Bridges (1958-1959). Mayor
G. W. Kreeger requested the City Engineer meet with the citizens
to arrive at a solution and cost, Report to be submitted February
20, 1967.
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Three sign permtts were submitted by Inspector C. M. Hamby and on
his recommendation were approved by unanimous vote as follows:
Location
Size
Motion & Second By
D. L. Mixon - R. H. Wood
Offi ce Bui Id ing
700 Old Concord Road
4' x 5' sign
Apartment sign
Concord Road
4' x 7' si gn
Illuminated
D. L. Mixon - B. F. Stewart
Shopping Center
Belmont Hills
3' x 5' si gn
J. C. Porterfield,
second, B. F. Stewart
Council set the date of March 6, 1967 for the public hearing per
petition to rezone from R-2 Duplex to R-2 Multiple Family Dwelling,
Powder Springs at Grady Street, Farris Perry, owner.
The bid per submitted specifications in the amount of $21,~8q.25
covering Ward Street widening, curb, gutter and drainage from Neel
Contracting Company was approved. (See January 23. lq67 Minutes.)
The original bid in the amount of $23.937.25 included sidewalks which
per Councilman Wood's statement will be installed by Cobb County
through the 1965 Improvement Bond Issue.
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On motion by C. W. Armour, seconded by J. C. Porterfield, City
Attorney Berl T. Tate was authorized to amend the Electrovision,
Inc. Ordinance excluding certain statements and sections regarding
performance bond coverage. Said amendment to be submitted February
20, 1967.
The City Hall submitted a status report covering the assignment and
cost regarding the City of Smyrna street renumbering system and
progress to date. It was brought out that certain preliminary
reports are required: determination of dead lines, additional help,
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(Continuation of February 6, 1967 Meeting)
cost in the preparation of lists, mailing notices, changing all
mailing records and addressograph plates, in addition to the
submiss~on of said lists to all utility companies, newspapers, '
and Smyrna Post Orrice. In connection with the above, Mayor
Kreeger appointed a committee to follow up and report 2-20-67
with J. B. Ables, Chairman, C. W. Armour and Homer Kuhl.
Councilman D. L. Mixon read the proposed revised Malt Beverage
Ordinance. Certain comments relative to changes were called
out and wi 11 be res'ubmi t ted for C ounc i 1 approva 1 Februa ry 20,
1967.
An application for retail malt beverage license was submitted
by Majik Market located at 1040 East Spring Road. A motion to
issue said license by D. L. Mixon died for lack of a second. A
motion by C. W. Armour to table pending approval of new ordinance
was seconded by J~ C. Porterfield. The motion and second was
withdrawn. Final action came on motion by D. L. Mixon. seconded
by B. F. Stewart, for issuance of the malt beverage license at
the above stated location. For the motion: B. F. Stewart. D.
L. Mixon, J. C. Porterfield and C. W. Armour. Voting against
the motion, J. B. Ables, Homer Kuhl and R. H. Wood.
The minutes covering the meetings of Mayor and Council held
January 9 and 23 were approved as submitted with two corrections
called out. Motion by J. C. Porterfield, second R. H. Wood, and
voted unanimous.
From a report submitted in Council relating to the increased cost
of water meters, the Council on D. L. Mixon's motion increased
the cost of water meters from the present rate to an amount
equivalent to $25.00 additional cost to all residential and
commercial users. The motion seconded by J. B. Ables was unanimous.
Rates as follows:
Size
Present Rate
Revenue
New Rate 2-15-67
$ 100.00
175.00
275.00
375.00
57.S.00
3/4 "
1"
It"
2" (160 GPM)
2" (170 GPM) (With By-Pass)
$ 75.00
150.00
250.00
350.00
550.00
The Council accepted the committee's agreed proposal in connection
with the delinquent service fees due the City from Mr. Sam Cbchran
as follows:
Promissory note in the amount of $353.80 for delinquent sani-
tation charges to be prepared covering a period of eleven
months, February through December 1967, in equal payments;
the $150.00 paid for 1967 business license is hereby changed
to $75.00 (small furniture store) and said refund has been
applied to delinquent charges; further it was agreed that
all City services as billed shall be kept current.
The above agreement on motion C. W. Armour, second J. C. Porterfield,
and voted unanimous.
On C. W. Armour's motion, new applicants for Trim Town garbage pick
up method shall be billed at $1.75 per month for the bags in addi-
tion to the cash payment covering cost of container. Motion
seconded by J. B. Ables and voted unanimous.
Council agreed to hold in abeyance proposed adjustment in garbage
disposal fees pending further study by the committee.
There being no further business. a motion was made to adjourn. The
time 10:35 P.M.
The next scheduled meeting February 20. 1967.
46
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FEBRUARY 20, 1967
The scheduled meeting of Mayor and Council was held at City Hall
February 20, 1967 and called to order at 7:30 o'clock P. M. Mayor
G. W. Kreeger presided. All Council Members present except Dan L.
Mixon. L. W. Charles, City Clerk, absent due to Clerks' meeting
in Athens. All Department Heads, Building Inspector, City Attorney
and 60nsultant Engineer present.
No citizens were present to bring problems before Council.
In the first order of business, zoning from R-l to R-2 Apartments, f1
restricted, on Stephens Street came up for hearing. Mr. B. F. L.J
Young, representing Dornbush and Ripley & Company, submitted coptes
of proposed plats showing lay-out of buildings and access to apart-
ments. Mr. Young stated 136 units were proposed on the R.6 acres.
Stephens Street would be paved, curbed, sewer lines installed,
proper drainage. and there would be a 75' buffer from the back of
the apartments to property lines and approximately u5' on the west
end between property lines. Fencing of It he apartment project was
discussed. Approximately 15 citizens were present in opposition.
including J. H. Cash, 601 Stephens. William Cleveland. 596 Stephens
. Street, J. M. Roberts~ Flagler Circle, who opposed the apartments
due to drainage problems. overcrowded schools and children walking
to school on Stephens.
After further discussion, J. B. Ables motioned that we rezone from
present R-l zoning to R-2 Apartments, restricted, with the stipulation
that the developer keep his agreement to erect a cyclone type fence
at the back and west end of the property, that the natural wooded
buffer of 75' be left in the rear and approximately 40' at the west
end of the property; also, cost of paving, curb, gutter and proper
drainage would be borne by the developer. Motion seconded by Homer
Kuhl. The vote was three for the motion: J. B. Ables, Homer Kuhl,
C. W. Armour, and three against the motion: R. H. Wood, B. F.
Stewart and J. C. Porterfield. Mayor Kreeger cast the deciding vote 11
for the rezoning. LJ
Mr. Norman Rhodes came before Council with the request that the
Rhodes property on Church Street be zoned--from R-l Residential to
District "e' rather than C-l Commercial as haB been advertised. Ci ty
Attorney, Berl T. Tate, stated this was in order since it was a
higher type zoning. On motion by J. C. Porterfield. second J. B.
Ables, the Rhodes property on Church Street was zoned from R-l
Residential to District "c" local commercial and the vote was
unanimous.
A petition for church zoning on Bank Street at Sanford for the Ponder
Baptist Church of Atlanta was next on the Agenda. The property was
described as being 390' x 184' x 401' x 153'. On motion by Homer
Kuhl. seconded by C. W. Armour, March 20, 1967 was set for the hearing
date.
Building Inspector, C. M. Hamby submitted plans for Akin and Flanders.
Inc. for an Ice Cream Shop in the Belmont Arcade. The proposed shop
18' wide by 74' deep. On the recommendation of the building in-
spector, C. W. Armour motioned the building permit be approved. The
motion was seconded by B. F. Stewart and voted unanimous.
Mr. Oliver Wright was questioned regarding proposed driveways acvoss 0
City property at the stop N' Go building site on Spring Road~ Plans
were withdrawn.
City Engineer J. E. David stated he had contacted Mr. Jimmy Lovern
and Mr. Joe Arnold regarding the drainage problem in the vicinity
of Carolyn Drive and Spring Road. A report will be made as soon as
he has heard from these two citizens.
Mr. Homer Kuhl and Mr. Philip Sutton submitted proposals in regard to
traffic congestion in the area from Reeves Garden Shop on So. Cobb
Drive to Benson Pool Road. One proposal was a new signal light at
Glendale place synchronized with lights mt~ Powder Springs and
Cherokee Road. estimated cost $9.600. The second proposal would
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(Continuation of February 20, 1967 Meeting~
provide for left turn lanes along So. Cobb from end of present
widening near Reeves Garden Shop to 300 feet south to Powder
Springs with overhead lane control signs, estimated cost $6.000.
On motion by Homer Kuhl, seconded by J. C. Porterfield. Mr.
Sutton was asked to get ,separate bids on the two proposals
submitted. The vote was unanimous.
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Councilman Homer Kuhl motioned that NO LEFT TURN signs installed
at Sandy's Drive-In be left as is. Motion seconded by B. F.
stewart and voted unanimous.
Councilman J. B. Ables stated information he had received from
the county on the renumbering system was that data will not be
completed until April 1. Mr. Ables also stated that in talking
with Mr. Larry Defee, he had suggested that aerial photographs
used along with information received from the county would be a
much more accurate record. Mr. Defee to analyze the system's
present status, make surveys and study and present to the Council
at next meeting with no obligation to the City.
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The drainage problem at Belmont Hills School was brought before
Council. The estimated cost for correction previously reported
was $1600. In discussion, it was suggested that Mr. Roebuck,
the County Board of Education, and the City share the cost. J. E.
David is to make lay-out design and give cost estimate which will
be submitted to Mr. Holliday at the Bank of Smyrna. An agreement
to be drawn up after talking with Mr. Holliday.
C. W. Armour read the amendment to the Electrovision. Inc. Ordi-
nance in reference to performance bond and on his motion. seconded
by B. F. Stewart. it was adopted as read. The vote was unanimous.
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Mayor G. W. Kreeger stated he had letters from Rev. Chambless and
Rev. Scarborough regarding the proposed hours of operation at
Zayre's Department Store. City Attorney, Berl T. Tate, stated the
state statutes prohibit businesses, except those of necessity from
opening on Sunday; that the City's business license ordinance
provides for revocation of license for those violating a state
law; also., that the county can enjoin the firm from operating on
Sundays. J. B. Ables' motion authorizes City Attorney to notify
Zayre's of City's opposition on not closing on Sunday except for
items of necessity, listing ordinances, laws, etc. Motion seconded
by Homer Kuhl and voted unanimous.
The Fire Chief and Sani tation Supervisor are to check out "clean-
up" Roswell-Crumbley area and report next meeting.
Financial reports for January and seven months to date were dis-
tributed and Finance Chairman J. B. Ables asked that each department
try to over come deficit.
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On motion by J. B. Ables. seconded by J. C. Porterfield. an
appropriation. (as a transfer) from the General Fund in the amount
of $12.000 to the Extension and Construction Fund was approved
unanimously. This amount required to reimburse contractor for
extension of sewer facility. East Spring Road to Bethel Church.
March 6, 1967 was the date set for the hearing of appeal from
Recorder's Court of Mrs. Inez D. Livingston. Motion by Homer Kuhl,
seconded by R. H. Wood, and voted unanimous.
Payment of annual dues in the amount of $250.00 to the Cobb County
Chamber of Commerce was approved on motion J. B. Ables, seconded
C. W. Armour, and voted unanimous.
A letter was read in Council from Police Chief Robert L. Drake
concerning a full scholarship to the LouisTille Southern Police
Academy for Officer Harry Black who did an outstanding job in
the Atlanta Metropol Police School in Atlanta. Councilman Homer
Kuhl motioned that the City authorize Officer Black to attend
this school and continue his salary during his attendance March
20, through June 10, 1967. Motion seconded by J. B.Ables and
the vote was unanimous.
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(Continuation of February 20, Igb7 Meeting)
Councilman J. C. Porterfield submitted to City Attorney information
on amendment to comprehensive zoning ordinance applicable to R-2
Multiple Housing. Rough draft to be presented in Council at next
meeting.
City Attorney Berl T. Tate read a letter in Council from Cobb County
Commissioner Ernest Barrett to Mayor G. W. Kreeger stating that
taxes levied on fire districts annexed into municipalities will
be subject to county tax until all indebtedness is paid. Copy of
letter recorded as follows:
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February 16, 1967
Honorable G. W. Kreeger
Mayor, City of Smyrna
City Hall
Smyrna, Georgia
Dear Mayor Kreeger:
In the regular meeting of the Cobb County Board of Com-
missioners held on February 14~ 1967, the following action
was taken and is transmitted for your information:
"ANNEXATION - FI RE DISTRICTS
Upon motion duly made by Commissioner Ingram, seconded
by Commissioner Brown, the Commission unanimously
agreed to advise all municipalities and Cobb County
Legislators that when any area which is in a Fire
District having an outstanding debt for equipment
and buildings as a result of the creation of the
Fire District is annexed into a municipality, Cobb
County will continue to levy taxes until the entire
deb tis re tire d . II
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Sincerely,
/s/ Ernest W. Barrett
ERNEST W. BARRETT, Chairman
Cobb County Board of Commissioners
Motion made to adjourn 9:30 o'clock P. M.
Next meeting March 6, 1967.
G. W. Kreeger. Mayor
cf:~~~y
Clerk
E 12#. a~
C. W. Armour. Councilman Ward 1.
Sanitation
2.
7/). /1. I/)~
~~- Councilman Ward 3.
Streets & Maintenance
~~M:l1~lman Ward 5,
Water
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Homer uhl, Councilman Ward 4.
Police. Fire & C.D.
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B. F. Stew r , Counci man Ward 7,
Treatment Plants
January 9, 1967
Bennett Woods
Land Lot 262
Land Lot 263
Land Lot 264
Land Lot 313
Land Lot 314
Land Lot 315
Land Lot 335
Land Lot 336
Zayre's
Glendale Place
511 Church Street
Green Forest
Smyrna House Bill
Ann Street
Spring Drive
Grady Street
Farris Perry
Stephens Street
Church Street
Norman Rhodes
Carolyn Drive
Belmont Hills School