Sep 3/14, 196456
SEPTEMBER 3, 1964
A called meeting of Mayor and Council was held at City Hall,
Smyrna, Georgia, September 3rd, 1964 at 7:30 o~clock p.m. Mayor
George W. Kreeger presided, all Council Members present except B.A.
Thomas.
In the first order of business several citizens spoke on delays
regarding Concord Road improvement, side walks undermined, curb
~,,,,, breakage and back filling. Corrective action on curbing was re-
(erred to City Engineer and Neel Contracting Co. Mayor G. W.
Kreeger called out Thursday, September 10, 1964. as the starting
date of paving installation.
Concord Heights water line came up for discussion. In this
development on N. Cooper Lake Road, Mr. Q. S. King of King Williams
Land Oo, rec~ues"ted consideration of Council Concerning variance in
cost of water mains. Cobb Count Water Department submitted cost
estimate for the project using 2 inch galvanized pipe. City
estimate called out six inch cast iron pipe plus fittings and
hydrants. Variance, City Estimate over County was $2,000.00 more
or less. On the basis that six inch main connecting with existing
mains in Concord Road and Cooper Lake Road would improve entire
system in the area. Councilman J. B. Abler motioned to divide cost
differential between the two estimates and install water system in
Concord Heights at $2,718.26. Motion seconded by R. H. Wood and
carried.
Mr. George Blount of Blount Construction Co., Mr. Marvin Hardy
of Portland Cement (Research), and Mr. J. Albers on, developer of
Springhill Subdivision, appeared in Council to discuss May 18th,
1964 amendment covering street paving regulations. There was,
apparently, per statements heard, a misunderstanding or error in
interpretation of the above mentioned amendment. Council agreed
that Type No. 1 paving shall be permitted (soil cement bas®) with
triple treated surface, provided that laboratory tests shall be
made, as directed, at no cost to the City, and further, that all
tests requested shall be subject to approval of the City Engineer.
R. J. McCurry moved, seconded by C. M. Chapman that the Mayor
be authorized to execute and deliver a quitclaim deed to Mrs. Melba
M. Walker (Cooper Lak® Road) releasing the Cityfs easement for a
water line granted by Mr. H. A. Thomas on August b, 1963 in L.L.
335;_17 Distr-iet, 2nd Section, Cobb County, Georgia in exchanage
for°en easement to be grafted by Mrs. Melba M. Walker to cover the
actual location of the water line on above described property.
Motion carried.
Council app roved on motion by R. H. Wood to set aside a parcel
of land thirty feet by fifty feet on the west side of City owned
recreation property on Church Street for the purpose of erecting a
structure thereon to be known as a Health Center. The project
sponsored by Smyrna Jaycees received approval but was withheld
pending zoning to be discussed in Council 9-14-64.
Property on South right-of-way of Cherokee Road from Ward
Street intersection to a point 420 feet east came up for hearing,
above date, par directive of Mayor and Council dated 8-17-64. There
being no opposition present R. J. McCurry motioned to rezone the
parcel of land (North of old barn) from R-Residential to R-2
Residential (Restricted Apartment Project.) The motion seconded
by R. H. Wood carried four to two. Voting for, H. Kuhl, J. B. Abler,
R. H. Wood and R. J. McCurry. Against, J. C. Porterfield and C.i~I.
Chapman. The motion further authorizes a fifty foot setback on
zoned property as called out in the following letter of agreement.
• ~epte~nber 3', x.9.64
Mayor and Council
City Hall
Smyrna, Georgia
Dear Sirs:
Reference is made to the rezoning application filed with the
57 (Continuation of September 3, 1954 Meeting)
City of Smyrna by Summit Development Company to rezone a tract
of land lying South of Cherokee Road and East of Ward Road in
the City of Smyrna to permit the construction of apartments
the neon.
As a part of this application, th® owners of this property
agree that if the application is granted and the property
rezoned to permit apartments to be constructed thereon, a 50
ft. setback in lieu of a 40 ft. setback will be used along
the entire frontage of the property on Cherokee Road. In
addition, that portion of the property which lies South of
Cherokee Road and fronts thereon approximately 400 feet and
is continous to the East side of Ward Road and fronts approxi-
mately 400 feet thereon, will be deleted from the present
rezoning and will not be used in the future except for an
office or professional building.
W.e cov~enant.~~d ~a~,greq to comply with these two conditions
;,~ ~~et s~or~~ e~s~bove ~s a ..part of the consideration for the ~ grant
of our application to use the remainder of the adjoining
property owned by us for the construction of apartments on it.
Very truly yours,
SIIMMIT 15EVELOPMENT C!ONIPANY
By: E.E. Cannon, V.P.
Its Authorized Representative
The petition addressed to Mayor and Council for rezoning a parcel
of land on Brown Circle was read in Council and accepted. The owner,
James Y. Wootton, was notified that October 5, 1964, was set as the
date for hearing on rezoning three (3) acres more or less from R-1
Residential to C-2 Commercial area.
Council discussed new garbage disposal truck equipped with
hydraulic lift devise and purchase of metal containers to expedite
garbage removal in business area. Estimated cost of equipment
and containers $27,376.00. Council recommended letters be prepared
and mailed to merchants inviting them to meet September 10, 1964
at City Hall to discuss and/or finalize plan. Above per motion
J. B. Abler, seconded by H. Kuhl.
It was agreed to charge the existing fee covering multiple
sewer tap-pn~ f~r.th~a four unit building on Cherokee Road owned
by Gleu<.-;Martin Discount-.Furniture Store. The Tap fee, $800.00 was
authorized per policy effective during the period of annexation
and sewer facility to Dickson~s Shopping Center at cost of $2,.200.00
covering eleven stores.
On a motion by J. B. Abler (which carried) the following letter
was authorized for inclusion in the City of Smyrna finalized minutes.
August 27, 1964
Mr. Roy Wood
Parks Chairman
City Hall
Smyrna, Georgia
Dear Mr. Wood:
The recent action of the Smyrna City Council in response to
our request for use of Ward and Cobb Parks for physical
education and football practice is sincerely appreciated.
It is understood that we are scheduled for the parks for
physical education purposes from 9:00 a.m. to 4:00 p.m.
Monday through Friday. Ward Park is to be utilized from
4:00 p.m. to 5:30 p.m. for football practice during football
season.
Nash Junior High School assumes responsibility for abiding by
this schedule and responsibility for any damage incurred as a
result of the use of the facilities by this school. The City
of Smyrna is relieved of all responsibility and liability for
58
(Continuation of September 3, 1964 Meeting)
injuri®s sustained by any student of our school while on the
premises of these parks.
Again, we offer our appreciation to you and the City of Smyrna
for your kind cooperation and assure you that we shall not
abuse the priviledges extended us.
Sincerely,
WDB/ jb
William D. Bennett, Principal
Installation of sewerage trunk lines and laterals (agenda
Item No. 4) came up for approval or acceptance as follows:
Hodges Property (Winn-Dixie - So. Cobb Dr.) 400 feet
of " C.I. Pipe - J.E. Lovern Construction Co...... $2,565.00
Reed Road at intersection of Cooper Lake Road in
area known as King Springs Park. 1360 feet of
8" V.C. sewer pipe (Rock Excavation included)
J.E. Lovern Construction Company ................... $9,.571.75
Birch Street from intersection of Glendale Pl.
to Powder Springs Street, 1320 feet of 8" V.C.
Sewer pipe - J.E. Lovern Construction Co........... $7,965.00
Roswell Street, City Limits to Six Points.
307 feet of V.C. pipe - J. E. Lovern Con-
struction co. (Bid xejected 9-3-b4, footage
understated,) - Return to Council 9-14-64.......... - - - -
Total (3 projects) J.E. Lovern,
only bidder .................................$20,101.?S
Bid deletes re-surfacing of streets and includes complete clean
up of area, safety precaution signs, barricades and warning
signals.
Councilman R. J. McCurry motioned the bids on above three
projects be accepted and upon approved inspection, paid from the
Extension and Construction Fund. Second C. M. Chapman. Voted
unanimous.
Building permit was granted subject to check out and approval
by building inspector for addition to Economy Auto Store in Belmont
Shopping Center. Motion by J. C. Porterfield, second by H. Kuhl.
Motion made by J. C. I?orterfield that City accept, secure
signatures, witness and record revised documents covering sewer
line easement at rear of Winn-Dixie property from property line
of Glendale Enterprises, Inc. to a point 410 feet north and to the
boundary line of Colonial Stores, Inc. The original easements,
recorded May 5, 1960, called above property as L.L. No. 347 in
error. Revised and corrected easement per motion shows the
direction of the sewer easement across L.L. No. 345. Motion was
seconded by R. J. McCurry and voted unanimous.
~ Quitclaim Deed submitted by Gillooly Corporation requesting
Mayor and Council approval. and recording of the document calling
out a parcel of land in L.L. No. 594 and designated per record as
Wynn Court. The street has never been opened by the County or
City and present owner desires to obtain same from the City of
Smyrna for the purpose of apartment structures thereon. Memo:
A11 or any action on above is hereby held in abeyance pending,
(a) approval of plat b Mayor and Council relative to balance of
structures (apartments}y to be built in L.L. 594 by the~Gillooly
Corporation (b) Submission and approval of State Highway final
survey regarding proposed Spring Street widening which, per record
as of above date, shows the improvement bi-secting the Gillooly
roperty. (c) Appraisal and estimated cost to our citizens if item
~b'~ remains unchanged .
State Highway contract and resolution pertAining to paving Ward
Street in the City of Smyrna was approved, signed, and witnessed by
59
(Continuation of September 3, 1964 Meeting)
Mayor, Council and City Clerk and originals forwarded to Division
No. 6 at Cartersville, Georgia.
Council app roved on motion, J. C. Porterfield August, 1964
finalized minutes.
In connection ~ th Spring Street project, SUS 1383-(1) between
SR 3 and US 41 (City and County) the following action resulted from
discussion of cost and acquisition of rights-of-way. Motion by R.J.
McCurry! second by,H. Kuhl to authorize the Mayor of Smyrna (G.1~J.
Kreegerl to negotiate a contract with committee or appraisers to
estimate and submit accurate cost of each parcel of land required
for the above project as called out per State Highway "Right-of-Way".
Motion states that cost of appraisal assignment shall be paid from
Contingency fund and further, Councilman J. B. Abler and J. C.
Porterfield shall assist the Mayor. Motion carried.
Increase in traffic violations and strict enforcement of traffic
code was brought to Cq~uncil by J. B. Abler. In connectian with
safety of our citizens, Council was in full agreement to reduce
violations through Newspaper publicity regarding speed, enforcement
of same, existing ordinances and license revocation based on severity
of charges and frequency of traffic code violations.
Regarding building and premises located at 504 Roswell Street
in City of Smyrna, Council authorized per motion, R. J. McCurry as
follows: Registered letter, return receipt, originating from City
Hall to the effect that building and premises located at 504 Roswell
Street City of Smyrna does not meet:
(1) Fire regulations, City of Smyrna
(2) Southeastern Fire undarw~iters code.
(3) Existng~~Sanitation and Clean up ordinances.
(4) City building, electrical and plumbing codes, and
further, is a hazard to the health and welfare of
childre~r in the area and not •considered habitable.
It is -therefore ordered per the finalized and approved minutes
of Mayor and Council in Meeting held at City Hall, Smyrna, Georgia,
September 3, 1964 that the property must be cleared of all Reeds,
trash and debris, and the building thereon must be destroyed, re-
moved or restored in accordance with City of Smyrna standards and
existing building codes. All this to be accomplished within thirty
days from date of the letter or citation will be issued for appearance
in City Recorders Court to answer charges in connection with violation
of City of Smyrna Codes, Regulations and/or Ordinances.
There being no further business, a motion was made to adjourn.
Adjourned 11:00 p.m.
Next meeting - September 14, 1964, 7:30 otclock p.m.
##dt-~3.~•2Y.b3;•it3r?f^".f-3ii:~ii•ibit-',fii-3~#•!i~'.e :~#•##3:-i'.-Jf#
September 14, 1964
The regular meeting of Mayor and Council, pursuant to City of
Smyrna Charter was held at City Hall September 14, 1964 and called
to order at 7:30 o~cloek p.m. Mayor G. W. Kreeger presided, all
Council Members were present.
In the first order of business Citizen C. W. Armour requested
Council approval to remove old concession building at Brinkley Park
and erect neW sttuc.ture of block and brick ven®er at estimated cost
of $1,100,00. The Little League submitted plans and sketch of
proposed building. R. H. Wood motioned to issue permit sub3ect to
check out by City Engineer. Motion seconded by Homer Kuhl, passed.
Upon completion, building shall be dedicated to City fcir permanent
maintenance.
60
(Continuation of September 11~., 1964 Meeting)
Council approved collection of funds at Cit~ intersections
to assist continuatior, of the "Pop Warner League'. This per
request of C . W . "Chuck" Armour.
Mr. 0livor Wright, representing Georgia Land Company, spoke
in behalf of adv®rtised petition to rezone from R-1 Residential
to C-3 Commercigl the Southwest entrance in Creatwood (now
Campbellwood). The property fronts on old Highway No. 41 (123
feet) at the intersection of Creatwood Trail. On motion by
J. C. Porterfield, s®cond by ~. J.. McCurry, Council voted to
rezone the property as advertised, sub3ect to cheek out of
specifications, site plan, etc. as called out by Mr. 4~Iright for
the construction of Echols Ma -Jik Market. The following re-
strictions per letter read in Council is part of the motion and
entered in the minutes as follows:
108 Rugby Lane
College Park, Georgia
August 21, 1964
Mr. Jere M. Mills
G/0 Wright, Jones & Walsh Company
601 Fulton Federal Building
Atlanta, Georgia 30303
Dear Mr. Mills:
As you know, I am buying your property at the
southwest corner of Atlanta-Marietta Road and
Creatwood Trail under contract dated August 21, 1964•
I understand that certain restrictions will be placed
on the zoning for the Echolst store and have been
r"" agreed to by the neighborhood. I concur on all of
these restrictions .and, will agree to abide by them as
follows
1. We will have no rear or side dogs and/or
entrances to the proposed building.
2. We will have no rear or side paved areas.
3. W e agree to have no rear or side parking allowed.
4. We agree to install fast growing hedges along
the Creatwood Trail side of building, complete
length of the property as well as across the
rear of the proposed building.
5. There will be neither trash nor garbage con-
tainers allowed on the outside of said building
and all garbage will be handled in a space
completely enclosed.
As stated above, I understand that these conditions will
be incorporated in the zoning of the above-described
property and I have already checked these out with Mr.
Echols for the Echols' Ma-Jik Market Store and he has
agr®ed to these.
Also, I agre® in the deal to dedicate to the property
owner to the rear of this building a twenty (20) foot
buffer zone.
Yours very truly,
W. ~T. Laughlin
61
(Continuation of September 14, 1964 Meeting)
Charles A. Mueller property on East Spring Road came up for
hearing per advertised petition to re-zone a parcel of land (15
acres) for neighborhood Commercial (8 stores) and restricted
apartment project (120 units) in L.L. No. 809. Memo: See minutes
dated 12-21-63 for Council action on prior petition regarding above
parcel. Twenty citizens appeared in opposition and selected three
spokesmen. Six psople favored the petition. Nathan Mills repre-
sent®d the. Company. :.Council listened to the usual repetitive
objections for thirty minutes. Councilman C. M. Chapman motioned
the petition to rezone be denied.. R. H. Wood seconded the motion
which lost four to three. Councilman J. B. Abler motioned to accept
the petition to rezone as advertised and submitted for Council action
above date, subject to check out of plans and specifications, City
codes, ordinances and boundary restrictions relating to buffers
between adjacent residential and City Park areas as agreed i~
Council by developer C. A. Mueller. On the motion, seconded by R.J.
McCurry the vote carried four to three. For the motion - J. B. Abler,
R. J. McCurry, J. C. Porterfield and Homer Kuhl. Voting againet -
C. M. Chapman, B. A. Thomas and R. H. Wood.
Council approved by unanimous vote on R. H. Woad+s motion to
advertize and set h®aring date (10-5-64) to cona~ider rezoning from
R-1 Residential to R-2 R®sidential area the r:- property owned by City
of Smyrna and known as Church Street Park property, located on South
side of Church Street, being nine acres more or less and having
thereon one building and a swimming pool. Purpose of the zoning
hearing hinges on proposed Health Center to be erected West of present
improvements, pending workable agreement as submitted by Smyrna
Junior Chamber of Commerce.
The Council approved issuance of building permit to Winn-Dixie
and adjoining shops pending and subject to approval of plans and
specifications submitted by the developer to City Building Inspector,
J. W. Kelley. Vote on J. B. Ables~ motion, carried.
In connection with above, Mayor G. W. Kreeger stated the trunk
line per easement acroQs the rear of Winn-Dixie building running in
a Northerly direction,t~r the L.L, line of Colonial Stores property
shall be classed as No. 1 priority of the four sewer projects
awarded to J. E. Lovern Construction Company.
Councilman Homer Kuhl requested that letter pertaining to
building code violations shall be reduced to charges by Police
Department and served on Mr. Q. S. King of King Williams Land Company.
This refers to previous minutes relative to apartment construction
in advance of City building permit on Ward Street and erroneous
information regarding existing zoning in the area.
Installation of sewerage lines in Roswell Street to extended
City limits was awarded to J. E. Lovern Construction Company @$3,249.28
with a thirty day (30) time limitation from above date on motion of
R. J. McCurry seconded by Homer Kuhl and voted unanimous. Memo:
Prior bid ($1,383.75) rejected 9-3-E4 by reason of error in footage
and direction.
Amendment to Sanitation 0 rdinance - For acquiring metal garbage
spore con a nets or usage n areas of business establishments and
apartment projects.
Section No. 3 (add) - - -, except that-Mayor and Council may
furnish receptacles in certain instances where it is
deemed to be the best interest of the City as provided
elsewhere in this ordinance.
Section No. 4 (add) - - -, except as provided elsewhere in
this ordinance.
Section No. 7 (Change Title to Read as follows)
Charges for collection and removal - Residential buildings
and premises, apartment rouses excepted.
Section No. 8 (Change Title
Charges for collection
buildings and premises,
to Read)
and removal - Buriness and commercial
including apartment houses.
62
(Bontinuation of September 14, 1964 Meeting)
Schedule "F" -Containerized Pick-U -Service
Mayor and count may, a s scre on, furnish con-
tainers for certain business, schools, and apartment
houses with charges to b® based upon the schedule
below. Mayor and council shall aquae studies to be
made periodically and such shall be used as the basis
for placing any business, school, or apartment house
under this sq•stem. The sanitation department
committee shall be responsible for such studies.
Rate Schedule
Size Rent 1 wk 2 wk wk wk wk 6 wk
2 y
ya 0
6.75
14.40
22.05
29.70 ~
37.35
45.00
52.65
3 yd 9.00 18.90 28.80 38.70 48.Eo 58.50 68.40
4 ya 10.50 23.50 37.00 53.00 68.00 83.00 94.00
5 ya 11.50 26.50 41.50 56.50 71.50 86.50 101.50
6 yd 12.50 27.00 45.13 61.75 78.38 95.00 111.66
Where it is deemed necessary for any business or school
to have more than one container, the maximum charge
for each additional container shall not exceed
$50.00 per container.
Where any business, school, or a~artment house has been
listed in either schedule "A , "$", "C", "D", or
"E", and it is deemed necessary by the aforesaid
mentioned study that such should b® under
containerized pick-up service, then schedule "F"
shall take precedence over all other schedules
mentioned herein.
~""'""' Section No. 15 - (Add Paragraph)
Any business, school, or apartment house having service
as listed under schedule "F" shall not be subject to
the restrictions of this section.
Above amendment to City Sanitation Ordinance is hereby
accepted regarding installation of; Monthly charges thereto for
purchase of garbage receptacles effective 9-15-64 or upon receipt
of equipment. Per motion of J. B. Abler, seconded R. J. McCurrg
and voted unanimous.
Purchase of Sanitation E ui ment -Per proposal submitted above
a e y an c ng near ng o., Inc.
Item No. 1 (1) only 18 Cubic Yard Leach Pack Master rear
loading refuse collection body equipped with
container hoist mechanism $6,801.62
Item No. 2 (1)• only Ford F-800 1965 Model truck $5,346.50
Item No. 3 (10} only Leach 1 yd Containers)
• (25) only Leach 2 yd Containers)
(9) only Leach, 6 yd Containers) $12,294.90
(2) only Leach 2 yd Containers)
`~' Total $24,443.02
Motion to purchase equipment from Atlantic Engineering Co., Inc.
in the amount of $24,443.02 by J. B. Abler less freight charges, sales
or use taxes and Federal excise tax, and further to waive existing
policy covering purchases in excess of $500.00. Motion seconded by
H. Kuhl and voted unanimous.
Memo: (A) Contract, proposal and/or purchase order subject to
revision to include (10) only Leach 2 yd containers
@ $245.00 each, net $2,327.50 for usage per agreement
at W$rd Street apartment project.
63
(Continuation of Sept ember 14, 1964 M®eting)
Memo: (B) Upon receipt and inspection of equipment, a bank
loan shall be approved covering invoice on above equipment,
said loan to provide funds for cash payment with notes
signed by Mayor and City
or participating banks.
on or before the 10th of
thereafter at 5~ interes
eluding balloon notes as
Clerk at the Bank of Smyrna
The first note shall be paid
each month and each month
t until final payment in-
required.
In a discussion involving erection of additional street and
traffic signs Council 3~equested over-all study of City requirements
be submitted by Police Committee in the interest of uniformity and
consistency per traffic code.
Council approved on B. A. Thomas- motion to install childrents
cross walk snd sign at intersection of Stonecreek and Powder Springs
Road in accordance with current State of Georgia Code.
Letter of resignation from Ray Ferrell effective September 30,
1964 was r®ad in Council and accepted with regrets. Motion H, Kuhl,
second J. C. Porterfield.
A proposed ordinance to regulate, restrict, or limit admission
to City Park and Recreation facilities was read and ordered repro-
duced for distribution to Council for Further discussion.
Resignation of Councilman Blake A. Thomas of Ward No. 5 was read
and accepted with regret. Mr. Thomas stated that transfer to another
City necessitated his action effective October 31, 1964. Council
acted to fill the unexpired term (November 1964 through December 31,
1965) as evidenced by the reproduction of the following legal ad
published September 17, 1964 in the Smyrna Herald.
SPECIAL ELECTION -WARD N0. 5 OCTOBER 17, 1964
Notice is hereby given to the residents of Ward No. 5 in the
Cit of Smyrna of a Special Election to be held October 17,
196, between the hours of 7:00 a.m. and 7:00 p.m, at the
City Ha11 in Smyrna, Georgia. Purpose of said election to
fill the unexpired term of Councilman, Ward No. 5 occasioned
by the resignation effective November 1, 1964, of Councilman
Blake A. Thomas, expiration of term December 31, 1965.
Closing date for both qualification of candidates and voter
registration is 5 o~clock p.m. 0 etober 2, 1964.
Qualification to vote in City elections require that citizen
shall have been a resident of the St®te of Georgia one year
and the City of Smyrna six months immediately prior to
election date.
Qualifying fee shall be $25.00 for each candidate payable
at City Hall on or before October 2, 1964•
There being no further business, Council ad~ourned. Adjourned
10:25 p.m. Next regular meeting -October 5, 19 4, 7:30 p.m.
64
(Continuation of Septemberl4, 1964 Meeting)
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