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12-01-1969 Regular Meetingi DECEMBER 1, 1969 The meeting of Mayor and Council of the City of Smyrna was held pursuant to the Charter on December 1, 1969 and called to order by presiding officer Mayor G. W. Kreeger at 7:00 o'clock P. M: All members of Council were present with the exception of Ward 3 Councilman R. H. Wood. Staff members present: J. E. David, Berl T. Tate, C. M. Hamby, L. W. Charles, and representatives' of the Marietta press and radio station WBIE. Representatives from Hensley -Schmidt were not present. In the first order of business:, the petition to rezone a portion of the.land of the John Corn property on Atlanta Road, S. E., came up for hearing. The property lying between the residentiil h6mes of Dr. Mitchell and Raymond Reed comprises approximately three acres of which -one acre fronting on Atlanta Street was not to be considered in the rezoning application. Eighteen citizens were present .in opposition of the rezoning of the rear of the property, approximately two acres, from,R-1 residential to R-2 multiple family dwellings. Raymond Reed was spokesman for the opponents and called out the usual objections ana stated that the property did not lend itself for apartment structures by reason it was complete- ly surrounded by high value homes. In further discussion and in consideration of a former promise to the people in the area that no zoning affecting their property would be approved, Homer Kuhl motioned that the zoning petition as advertised is hereby denied. The motion was seconded by B. F. Stewart and voted unanimously. The low bid of Neel Contracting Company was accepted by Council, they having met all specifications as submitted for construction of Reed Road sidewalks in the amount of $15,036.74. Motion by B. F. Stewart, seconded by Homer Kuhl, and voted unanimous: Per the recommendation of building inspector C. M. Hamby, the following permits were approved: 1. One sign for the State Farm office, 818 Concord Road. Motion by C. W. Armour, seconded by B. F. Stewart, motion carried: 2. Additions to the Southern Bell structure on Concord Road were approved on motion by J. C. Porterfield, seconded by J. B. Ables and motion carried. 3. A request was heard to move two 101x20' metal structures on the grounds of the Ponders Baptist Church, Pinehill Drive, .for recreational purposes. The Council reasoned that metal structures were not in keeping with the area. Request was denied per motion J. C. Porterfield, second by B..B. Stewart. Motion carried. ' On the emergency storm drainage projects caused by heavy rains July 28, 1969, Superintendent of Public Works J. E. David reportdd that the Pinehill-LaVista damage was in work as well as Parkway Drive with an estimated time of ten days to completion. Certain traffic studies requested by the Mayor and Council were deferred to 12-15-69 meeting. The Concord Road corrective action as called out by J. E. David requires additional black top to fair out the third lane road- way thereby reducing the existing slope. Upon completion, lane marking would follow as well as check out of any drainage problem. The Mayor and Council discussed the proposed east -west road at the south end of Belmont Shopping Center from Atlanta right-of-way to Ward Street. A plan and profile map dated April 1967 was submitted. No action occured by reason that right-of-wat easements from property owners must be secured prior to approval of install- ation. On the motion of J. B. Ables, a permit was authorized for issuance to place one 121x26' mobile home office on Cherokee Road in the area of the. old Shrimp Boat structure. Motion for issuance was amended to authorize the structure be placed on masonary foundation and connected to existing utilities. Motion passed on B. F. Stewart's second five to one. Councilman Homer Kuhl voting against. '(Continuation of December 1, 1969 Meeting) Bids were received and publicly opened covering the pur= chase o£,one 18 c. y. Leach sanitation truck compldte with overhead hoist equipment mounted on Ford chassis. The bids were as follows: The Glynn Thompson Equipment Co. $13,780.60 Birmingham, Alabama Nickson Machinery and Supply Co. $139810.30 Chattanooga, Tennessee Mayor G. W.n reeger referred all bid papers to the sanitation committee for checkout to specifications. MEMO: In the prior meeting of Mayor and Council held November 17, 1969 Sanitation Supervisor V. M. Broyles, stated that the Brackett Equipment Company, Atlanta, Georgia, would sell the City of Smyrna an 18 c. y. Leach garbage truck with all the attachments required in an amount equivalent to $192.00 over the previously purchased Leach truck in 1968, or a total cost to the Cityof $13.,588.05. In the absence of consultatit engineer representative, no W report was submitted covering progress on the Eastside Apartment project. U Mayor G. W. Kreeger commented on the inadequate sewerage fac- ility at Jonquil Park. In discussion, the Council authorized Mr. J.. E. David to secure bids for opening 12-15-69 covering lift station and force main -to Spring Road truck line, estimated cost $10,500.00. Although the steel erectors held up the progress of the new Smyrna Police Station for five weeks the structure is now on schedule by reason of Cobb Metal Products agreeing to com- plete the steel work. On unanimous vote, the Council approved the lettering on the Bank Street wall to read "City of Smyrna, Department of Public Safety". Motion by J. B. Ables, second by Homer Kuhl. Councilman B. F. Stewart was appointed by the Mayor to investiggte and submit cost figures on the purchase of approximately 100 new chairs for the City Hall Council Chamber. The complaint of Jerry Mills on Hickory Hill Drive concerning surface water drainage problem was resolved on the motion of J._B. Ables to install a 155inch concrete drain pipe across Mr. Mills' rear yard providing the owner would pay the material cost of the drain pipe, grant a 20 foot construction easement with a 10 foot permanent drainage easement to the City of Smyrna. The motion as stated was seconded by J. C. Porterfield and voted unanimous. Attorney Berl T. Tate commented briefly on the W. L. Turner tress pass suit brought against the City before the Cobb County Courts. The complaint calls out an easement per plat of r record showing a 10 foot strip of land for the purpose of install- ation of City utilities. The court ruling per Mr. Tate hinged on the apparent misuse of the purpose of which easements are granted,: Around the table the following solutions were suggested: 1. Relocate water meter and lines. 2. Discuss and resolve problem with -Mr. Turner. 3. Consider reversal of Judge Luther Hames; ruling. In connection with the property damage (city traffic device on So. Cobb Drive) by Mr. Gilstrap, a suggestion was made in the prc esene of City Attorney to borrow sufficient funds to settle the claim of damage in the amount of $1148. Mr. Tate to follow up, and file affidavit covering financial respon- sibility Form #SR57. The reported purchaser of the Lexington Appartmnet complex on Roswell Street was notified regarding Fi Fa of record covering indebtedness to the City of Smyrna, and further notified re- 60 (Continuation of December 1, 1969 Meeting) ported in November 1969 Minutes, also called out at the.time of building permit issuance. • - Councilman B. F. Stewart stated that negotiations are under way in regard to transfer of county and city water customers. Future meetings are scheduled with Robert Sutton of the Cobb County Water System. -Discussed in Council and deferred to the new administration t was the loss in City of Smyrna revenues by reason of the increase in wholesale water rate from 22� per thousand to 25q1 per thousand, effective January 1970, which accord- ing to submitted figures will average $18,000 loss in re venue . Minutes for November 3 and November 17 meetings were sub- mitted in Council. Reference was made to Page 4 of the 11-17-69 minutes to insert the effective date (1-1-70) in connection with the adoption of the recently published ameddmdnts to the National Electrical -Code. The minutes as submitted for the above dates called out were approved on motion by J. C. Porterfield, second by C. W. Armour, and voted unanimous.. The four months cumulative financial re orts (July through October) showed actual expenditures of 337, 511 under the cumulative budget for this period. Several- accounts in the following departments were reported in red: Administrative Garage, Library, Street, Fire and Sanitation. Explanations of these accounts were"reported and accepted. Mr. D. Scott Jackson reported that a residential structure was being built on Lot 22, which parcel of land lies south of the previously annexed subdivision on Ann Road. On a motion of C. 0. Canada, seconded by J. B. Ables, Lot #22, of Block C. Section 6, Argyle -Estates, lying and being _in LL773, was annexed into the corporate limits of the City of Smyrna as part of Ward No. 2. The petitioner W. J. MacKenna agrees to abide by all ordinances, codes, regula- tions of the City of Smyrna and to pay regular taxes -:to the City of Smyrna, effective 1971. Mayor G. W. Kreeger referred to the Chief of Police the securance of bids covering wrecker service for all city vehicles including personal cars and trucks authorized to be moved from city rightPof-ways. Councilman J.-B.-Ables to follow up. In final action, J. B. Ables motioned for bids covering two police patrol cars, said bids to be opened and publicly read in Council meeting December 15, 1969 at 7:00 o'clock P. M. The purchase of the two patrol cars to include trade=ins. Motion seconded by B. F. Stewart and carried. There being no further business, a motion was made to adjourn. The time 8:35 P. M. Next Council meeting December 15, 1969. DECEMBER 15, 1969 The mid -month meeting of Mayor and Council was held at -City Hall, December 15, 1969. Mayor G. W. Kreeger presided and called the meeting to order at 7:00 o'clock P. M. with all Council Members present except Ward #3 Councilman, R. H. Wood. Staff members present were: L. W. CHarles, City Clerk, Berl T. Tate, City Attorney, Inspectors L. W. Boring, C. M. Hamby, W. L. Westbrook, Chief of Police, Robert L. Drake, J. E. David, D. Scott Jackson, V. M. Broyles and Nora Proctor. Also present, Joe Bork of Hensley -Schmidt Associates, and a representative of the Marietta press and WBIE.