09-14-1964 Regular Meeting59
.(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.
.E
(Continuation of September 14, 1964 Meeting)
Council approved collection of funds at City intersections
to assist -continuation of the-"Pop_Warner League This per
request of C. W. "Chuck" Armour.
Mr.. Oliver Wright, representing Georgia Land Company_, spoke
In behalf -of advertised petition to -rezone from R-1 Residential
to C-1= Commercial the Southwest erntranee- 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, second by R. J.. McCurry, Council voted• to,
rezone the -.property as advartised,,subject to check out of
specifications, site plan, etc.. as -called out by Mr. Wright for
the construction of Echols' Ma-Jik.Market. The following re-
strictions T4r,�,letter read' -in Council is part of the motion and -
entered in -,-the minutes as follows:,
lb8 Rugby Lane
• College, Park, -Georgia
August 21, 1964
F
Mr.: Jere M. Mills
C/O 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,:tbe zoning for ,the: Echals,.0 store and have been- -
agreed to by the neighborhood. I concur on all of
these .restrictions .and will -agree , to abide by them as_
follows : 1_.
will have no rear or 's ide- dodrs and/or
entrances to the proposed building.
Y .2. We-.;viill, have no, rear or, side paved areas.
3. We 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-i '
property and I have already checked these•out with Mr.
Echols for the Echols' Ma-Jik Market Store and he has
agreed to these. -
Also, I -agree in the deal toldedicate to the property
owner to the rear of this building a twenty (20)-foot
buffer zone.
Yours very truly,
W. J.. 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•pareel 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 iri opposition and selected three
spokesmen- : S'ix- people__ favored - the petition. Nathan, Mills repre-
sented the' CoinpQny.�<,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. Ables motioned to accept
the 'petition to" rezone as advertised and. submitted for_ Council, action
above date, 'sub jeczt 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 in
Council by developer Co A. Mueller. On the motion, seconded by R.J.
McCurry the vote carried four to three. For the motion - J. B. Ables,
R. J. McCurry; J. C.'-Porterfield and Homer Kuhl. Voting against -
C. M. Chapman, B. A. Thomas and R. H. Wood.
Council approved by unanimous vote on R. H. Wood1s motion to
advertize and set hearing date (10-5-64) to -con*ider rezoning from
R-1 Residential to R-2 Residential 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, Councii 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. Ablest -notion, carried.
In -connection =with- above, Mayor G. W. Kree'ger stated the trunk
line per easement across the rear of Winn -Dixie building running in
a Northerly direction,tm the L.L, line of Colonial Stores property
shall be classed,as'No. l 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 9-3-64-by reason of -error in footage
and direction.
Amendment•to Sanitation Ordinance - For
disposal containers for usage in areas
apartment projects.
Section No. 3 (add) - - -, except
furnish receptacles in certain
deemed to be'the best interest
--elsewhere ih.-this ordinance.
acquiring metal garbage
of business establishments and
that.Mayor and Council may
instances where it is
of 'the City as provided
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 houses excepted.
Section No. 8 (Change Title to Read)
Charges for collection and removal - Business and commercial
buildings and premises, including apartment houses.
62
'(6ontinuatibn of September 149 1964 Meeting)
.Schedule "F" - Containerized Pick-U -Service
Mayor and council may,*,at its discretion,, furnish con-
tainers for certain -business, schools, and apartment
houses with charges to be based upon the schedule
uelow:. Mayor and tounell shall cause studies to be
made: periodically and such shall be used as the basis
for placing any business,, -school,, or apartment house
under this system. The sanitation department
committee.shall be responsible for such studies.
Rate Schedule-,
Size
Rent
1 wk
2 wk
wk
wk
wk
6 wk
2 yd.
0
-6:.75 •
90
14.40
22.05
29,70 °
0
37.:35
45.00
52.65'
3 yd
9.00
18.90
28.80
38.70
48.60
58.50
68.40
4 yd
10.50
`23.50
37.00
`53.00
68.00
83.00
94.06
5 yd
11.50
26.50
41.50
56.50
71.50
86..50
101.50
6 yd .
12.50
27.00
45.13
61.7.5
78.38
95.00
1111.66
Where. it is deemed necessary for any business or school
to have more than one container, .the maximum charge
_ for -eholi"additional container shall not exceed
$'S0.00 per' container.
Where any business, school, or apartment house has been
listed in either schedule "A", "Ba1, "C", "D", Or
!!E", and it is -deemed necessary by the; aforesaid,
mentioned study that" such sizould 'be under
containerized pick-up servie, then schedule "F"
shall take precedence over all other schedules
mentioned herein.
Section No. 15 - (Add Paragraph)
Ariy 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 Sanitat.ion'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. Ables, seconded R. J. McCurry
and voted unanimous.
Purchase of Sanitation E ui ment -.Per proposal submitted above
date -by an c ng neer ng o., Inc:
Item No. 1 (1) only 18 Cubic Yard Leach Pack Master rear
loading refuse collection body equipped with
,container hoist mechanism $69801.62
Item No. 2 (1)• only •Ford -F-800 1965 Model truck $5046.50
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. Ables 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 Ward Street apartment project.
X.
(Continuation -of Seit ember,14,. 1964 Meeting)
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 Clerk at the Bank of Smyrna
or participating banks..,The first note shall be paid
on or -before the, 10th- cif`each month and 'each'month
thereafter_at 5% interest until..final payment in-
cluding balloon notes' as' -required.
Ina discussion involving erection of additional street and
traffic signs Council'reques.ted 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. Thomast motion to install childrent's
cross walk and sigh "at , intersection of Stonecreek and Powder Springs
Road in accordance"with current State of Georgia Code.
Letter of resignation. from Ray Perrell effective September;'30,
1964 was•r'ead'in Council and accepted with regrets°. Motion H, Kuhl,
second J. C. Porterfield.
A propo'sed'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 196.4 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 NO. 5 OCTOBER 171 1964
Notice is hereby given to the residents of Ward No. 5 in the
C it of Smyrna of a Special Election' to, 'beheld October 17,
196, between the hours of 7:00. a.m. and 7:.00 p.m. at the
City Hall 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,-,
-7-' Blake --A_: Thomas•;'expiration of term December 31, 1965.
Closing date for both qualification o.f candidates and voter,'.
registration is 5 otclock p.m. October 2,a1964.
Qualification to vote in City velections- require that citizeri-
shall have been a resident of the State 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 0 ctober, 2, 1964.
There being no further business, Council ad ourned. Adjourned
10:25 p.m. Next regular meeting - October 5, 19 4, 700 p.m:
W
(Continuation of Septemberl4, 1964 Meeting)
64
reeger, r Z)
ar e , y Clerk
R. J. MpCurry, Counc n,
Ward #1 - Finance and Administ ation
.. W
R. oo , CM—ncilmAn., Ward #3 -
Parks and Recreation
omas, Mncilman,, a
#5 - Water Department
Chapman,, Councilman -at -Large
Ables,, Councilman, War
#2 - Sanitation
u
, ouncilman,
Ward W4,,
Police,
Fire &
Civil
Defense
or er e , ounc an
Ward #b - S sets & Maintenance