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12-02-1963 Regular Meeting2 8 8 December 2, 1963 A regular meeting of Mayor and Council was held December 2, 1963, at 7:00 p.m., at the City Hall. Mayor J. B. Ables presided: Council members present J. C. Porterfield, J. W. Webb, B.,,A. Thomas, C. M. Chapman, R. J. McCurry: absent H. L. Smith, R. H. Wood. (Mr. Wood reported at 7:25 p.m.). Hearing was called on petition of H. A. Peeler to re -zone his property at 501 Church Street (more particularly described in legal notice as advertised) from R-1 Residential to R-2 Residential (Re- stricted Apartment Project). Mr. Peeler presented plans for approximately 62 units with plot plan of 8 buildings, stating the A area would support a maximum of 90 units with 128 parking spaces being provided for on this plot plan. Approximately 30 citizens were present at the hearing. A petition representing 45 property owners in the area of influence was presented to Mayor and Council. The petition protested the proposed re -zoning of the Peeler property on the grounds that it would depreciate the value of their property, further aggravate the Church Street traff,•ic,,problem, ,overload,,the schools, place an added burden on the taxpayers to furnish the needed sidewalks for school children and adequate sewer lines to serve the apartments. After considerable discussion a motion was made by B. A. Thomas, second by C. M. Chapman to deny the petition of H.A. Peeler to re -zone the;,property at 501 Church Street from R-1 Residential to R-2 Residential (Restricted Apartment Project). The motion carried 4 to 2, R. J. McCurry and J. W. Webb opposed. A request by the Charles A. Mueller Companies for annexation to the City Limits property lying and being in Landlot 809 was on motion by J. W. Webb, -second by R. J. McCurry, approved by unanimous vote. The petitioner, Mr. Charles A. Mueller, agrees per above action` -to abide by all Ordinances, Codes, and Regulations of the City:and to pay to the City of Smyrna regular taxes for the year 1965 on the above property (15 acres) or amount equivalent thereto for City sercices rendered. Council set December 21, 19631 9:00 o'clock a. m. as date for hearing on petition to re -zone property in Landlot 809 from R-1 Residential to C-1 Commercial on motion of R. J. McCurry, second B. A. Thomas and voted unanimous. Three bids were received and opened covering installation of a traffic signal at the intersection of Spring Street and Campbell Road as follows: Thomas B. Combs Co. Atlanta, Ga. $12832.00 Stansell Electric Co. _Nashville, Tenn. 39661.00 Cobb Electric Co. ' Marietta, Ga. 1,627.00* *Magnetic detector in lieu of radar pick up as specified.' A motion R. J. MCCurry second R. H. Wood to accept low bid of Thomas B. Combs Company of $1,832.00 and negotiate cost of second head (to comply with the uniform traffic code) was voted unanimous. A contract between the City of Smyrna and the Smyrna Little' League relative to erection and use of a building at Jonquil Park was accepted as submitted and read. G. Conley Ingram presented a warranty deed from Wm. J. MacKenna to the City of Smyrna for Argyle Forest Sewage Pump Station site and easement for seraice lines which was accepted by council as_ submitted. t A motion by R. J.` McCurry second by J. C. Porterfield to approve payment of $10,000.00 to Wm. J. MacKenna Company per contract on Argyle Forest Sewerage Lift Station subject to receipt of one year guarantee in writing from J. E. Lovern Construction Co. on,the installation of pump station, was voted unanimous. (Continuation of 12-2-63 Meeting) On motion by R. J. McCurry, second J. W. Webb, council voted unanimous to accept the verbal bid of Allred Paving Company, Marietta, Georgia of $900.00 for the "Entyre" Asphalt distributor. Council approved permit for a sign for Sandy's Drive -In subject to check out by the building inspector and letter of approval from consulting engineer P. J. Sutton. The motion by J. C. Porterfield, second B. A. Thomas, was voted unanimous. MEMO: It was decided that display signs similar to the above shall be erected on separate building permits, and that.current ordinance on signs does not apply. On a motion by J. W. Webb, second R. J. McCurry council approved by unanimous vote a permit for addition by J. D. Daniel to Jonquil Plaza, subject to approval of building inspector and compliance with 'all`app'r'icable ordinances and codes of the Eity. . J. C. Porterfield reported on the West Side outfall line (N) sewer taps and it was resolved that billing would start January 1, 1964. J. E. David to get names and addresses of the 59 properties inn- C� volved. G� A motion by R. J. McCurry, second J. W. Webb, that engineer J. E. David notify Joseph M. Bailey, 151 Campbell Road and E. B. Gause, Jr., 174 Campbell Road that unless charges for sewerage and/ or garbage pick-up are paid within 10 days from date of notification sewerage service will be cut off. Vote on the motion was unanimous. Referring to a claim of encroachment by Curb and Gutter, R. J. McCurry motioned, second by J. W. Webb, to exchange the amount billed for Curb and Gutter assessment on the property of 'Knox Manning at 257 Whitfield Street for a deed to the street area involved, said deed to be measured from theldback side of the curb. Voting 5 to 1, J. C. Porterfield opposed. A recapitulation of Curb and Gutter assessments showed a sub- stantial amount outstanding represented by delinquent and/or unsigned notes. A motion by R. J. McCurry second by J. W. Webb that owners of properties on which curb and gutter assessment notes are unsigned or delinquent are to be notified that unless said accounts are brought up to date in 10 days that the property(ies) would be advertised for sale. Motion carried 5 to 1, C. M. Chapman abstaining. J. C. Porterfield reported on projects as follows: (a) County has not yet made decision on participation in the Concord Road project. Also, the State requested waiver .of $4,412.00 previously sent City. Check returned. (b) Cost of widening Church Street prohibitive, drainage being a major factor. Committee to obtain cost of widening at Southern Manor Apartment area. (c) Four (4) options have been obtained to date on Old 41 Highway widening. (d) Signs for Sprimg Street have been ordered and contract with the State Highway Department to centerline streets has been signed. Erection of signs to be coordinated with centerlining. Mayor J. B. Ables read a,letter from Senator Talmadge advising that the HHFA-Community Facilities Administration had approved a $7,750.00 advance for Water Facilities Study, formal acceptance 290 (Continuation of 12-2-63 Meeting) required within 60 days from date (11-26-63). In addition, contracts with Hensley and Associates covering the Water Systems Study and Sewerage Systems Study were presented for signatures. The November, 1963 minutes were read and approved with corrections as noted on motion by J. C. Porterfield, second J. W. Webb, voted unanimous. Council voted to accept an offer by Mr. Charles L. Floyd, Church Street, to settle for $400.00 the Flagler Lift Stationi dispute, subject to deed to lift station site and easement for service line(s) involved. Motion by J. C. Porterfield second B. A. Thomas voted 5 to 1, J. W. Webb opposed. A list of 31 properties not -on sewerage was discussed. A motion by R. J. McCurry second J. C. Porterfield that all property owners involved be notified that they are in violation of the City Sewerage Ordinance and that they have 15 days from date of said notice in which to comply, engineer J. E. David to determine the-aOailability-of sewerage prior to said notice being executed. The motion 5 to 1, J. W. Webb opposed. ` A motion by R. H. Wood second by J. C. Porterfield to authorize erection of a 41x6' sign by the Smyrna Little League at Jonquil Park was voted unanimous. Council authorized replacement of existing -"Yield" with "Stop" signs at intersection of Spring Street with the following streets: Beech Valley, Arden Road,.Sring Drive, Spring Creek Place. The motion by J. W. Webb second R. H. Wood was voted unanimous. A letter from Mr. Jas.` C. Pierce, 326 Shawnee Trail, regarding drainage problem was referred to J. E. David to investigate and report. A motion J. C. Porterfield second R. J. McCurry to contract with Sam Finley, Inc. to pave with topping the area between sidewalk and street on King Street and Pat Mell Road for the sum of $150:00. Voted unanimous. L. J. Owens, 504 Pat Mell Road, reportedly refusing to pay sanitation charge. Matter referred to J. C. Porterfield. ' Council adjourned at 10:25 p.m. Next regularly scheduled meetings December 16, 1963, at 7:00 p.m. and 9:00 a. m., December 21, 1963. December 16, 1963 A regular meeting of Mayor and Council was held on December 16, 1963 at 7:00 o'clock p.m. at City Hall, Smyrna, Georgia. MayorJ.B. Ables presided with the following council members present: R. J. McCurry, C. M. Chapman, R. H. Wood, B. A. Thomas, J. W. Webb. J.C. Porterfield reported at 7:05 P.M. and H. L. Smith at 7:10 p.m. The first of five zoning hearings was called. Mr. Wm. N. Bolton appeared on behalf of his petition to rezone his property located in landlot 348, being 16t 8, block 11011, Green Hills subdivision from R-1 Residential to C-1 Commercial. No one appeared to protest the petition. A motion R. J. McCurry second C. M. Chapman to grant petition of Mr. Bolton to rezone his,property from R-1 Residential to C-1 Commercial was voted unanimous. Messrs. Porterfield and Smith not yet present.