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09-03-1964 Called Meeting56 SEPTEMBER 3, 1964 A called meeting of Mayor and Council was held at -City Hall, Smyrna, Georgia, September 3rd, 1964 at 7:30 otclock 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- ferred 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 Go rec�ueated consideration of Council Concerning :variance in cost of water mains. Cobb -Count y Water Department submitted cost estimate for the project using 21 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. Ables 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. 1 ' Mr. George Blount of Blount Construction Co., Mr. Marvin Hardy of Portland Cement (Research), and Mr. J. Alberson, 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 a reed that Type No. 1 paving shall be permitted (soil cement baseg 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 Lake Road) releasing -the City's easement for a. water line granted by Mr. H. A. Thomas on August 60 1963 in L.L. 335 :!l7- Pistr4et)-•2nd Section,- Cobb County, Georgia in exchanage for -an- easement to be gran ted by Mrs'.* Melba M. Walker -to cover the actual location of the water -line on'above described property. Motion carried, - '- - Council approved on motion by R. H. Wood to set aside -&-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 �Ipoint 420 feet east came up for hearing, above date, per 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; Ables, R. H. Wood and R. J: McCurry. Against, J. C. Porterfield and C.M. Chapman.- -The motion further-authorizes_a fifty foot setback -on zoned property as called out�in theilfollowing letter of agreement. -'Septamber Mayor and Council -- ° City Hall ° Smyrna,. Georgia Dear Sirs: -- Reference -is made to the rezoning -application file-d with the, 57 (Continuation of September 3, 1964 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 thereon. As a part of this application, the 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 sSde-of Ward Road -and fronts approxi- mately 400 feet thereon, will be d®leted--from the present rezoning and will not be used in the future except for an office or professional building. C cW.eccgyenantrjgll fggreg._to comply with these two conditions : ..Set9 or b'-gbove jgsvq-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,' SUMMIT DEVELOPMENT CQMPANY 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. Wootten, was notified th#t 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. Ables, seconded by H. Kuhl. a It-was.agreed to charge the existing fee covering multiple ­ ..sewer, -tap -ono forf.the four unit building on Cherokee Road owned by Glen,)Martinr.)Diecount"F-urniture 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 $2.260.00 covering eleven stores. On a motion by J. B. Ables (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 ofthe 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 i (Continuation'of September 3, 1964 Meeting) injuries 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 riot abuse the priviledges extended us. Sincerely.. William D. Bennett, Principal.' WDB/ jb Installation of sewerage trunk -lines and laterals (agenda Item No. 4) came, up• for approval or acceptance as follows:- Hoes Property (Winn -Dixie - So, Cobb- Dr•) 400 feet of 8" 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 Companyee.,.•.,,e..eeee•.. $9,571.75 Birch Street from intersection,of Glendale P1, to Powder Springs Street, 1320. feet of '8" V.C. Sewer pipe - J.E. Lovern Construction COe.eeeeece.• $70965•00 Roswell Street, City Limits to Six Points. 307 feet of V.C. pipe - J:,E. Lovern Con- struction co. (Bid rejected 9-3-64, footage understated.) - Return to rejected. - - - - Total (3 projects) J.E.-Lovern, only bidder............................e...,.$20,101.75 -Bid,-deletes- re=surfacing of streets and -includes complete clean up- ,of' area; ; safety precaut ion- 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.. torterfield- 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- C ity. ,and. present owner, desires to obtain -same from the City. of Smyrna-;fo-r_*the -purpose of apartment,structures thereon.,- *Memo: All,:or zany 'action. on above- is hereby ,held in abeyance pending., (a) approval of plat b Mayor -and- Council relative to balance -of structures (apartments}v to be built in'L.L. 594 by the'Giflooly Gorporation..(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-setting the Gi,llooly property. (c) Appraisal and estimated cost to our citizens if item lrb�l 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. 1 s Council approved on motion, J.*C.•Porterfield.August, 1964 finalized minutes. In connection v.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.W. Kreeger; 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. Ables and J. C.! Porterfield shall assist the Mayor. Motion carried. . Increase in traffic violations -andstrict enforcement of traffic code was brought°to-Council by J. B. Ables.° In connection 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 underwkiters code-. ° ' ('3)'_ -Existing°Sanitation- and Clean up ordinances. (4) City building, electrical and plumbing codes, and further, is a hazard to the health and welfare of children d.n° the, area-- and, not. considered habitable. It is therefore ordered per the finalized and -approved minutes of Mayor aria Council 'izi= 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. Ad journed� 11: 00 p . m. Next meeting - September 14,'1964, 7:30 o'clock p.m. September' 149 196k � 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•otclock 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; stIRidture,'of block and brick •veneer at estimated cost of $r0l66.00. 'The ;fitt`ld League submitted plans and sketch of proposed building. R. H: wood motioned to issue permit subject to check out by City Engineer. Motion seconded by Homer Kuhl, 'pas.sed. Upon completion, building .shall be dedicated to City fdr permanent _ maintenance.