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08-19-1963 Regular MeetingAugust 19, 1963 263 A regular meeting of Mayor and Council was held August 19, 1963. at 7:00 P. M. at the City Hall; in attendance Mayor J. B. Ables, Councilmen R. J. McCurry, R. H. Wood, H. L. Smith and James W. Webb. Mr. Herman H. Buckner, Attorney, appeared on behalf of citizens (per signed petition) to protest the annexation of property in the North Cooper Lake -Concord Road area. Mr. Buckner stated the area citizens contend the action of Mayor and Council was an illegal act and requested said body to rescincj such action or have the matter taken to superior court and further to enjoin the city from holding the zoning hearing scheduled for August 261;) 1963. No act 5ozi to rescind was taken. Messrs. M. B. Ware, Curtis McRae and Roland Thomas appeared before Mayor and Council relative to sewer line on So. Cobb Drive. A motion by R. J. McCurry which carried seconded by H. L. Smith, that the city enter into an agreement with Mr. M. B. Ware to furnish sewerage under the following conditions: �1 .C1\1 (a) Mr. M. B. Ware agree to install sewage facilities along South.Cobb right-of-way from Campbell's*Drive-In to his property line. (b) Mr. Ware will pay City of Smyrna entire cost (labor and materials) to extend existing sewage line to his property using eight inch vitrified clay pipe approximately 585 feet. (c) Agreement includes, (at Mr. Ware's cost), extension of six inch vitrified clay pipe on Mr. Ware's property, said sanitary sewer line extending westerly along the south boundary lot line to a clean -out, thence north and at rear of M. B. Ware's property to Curtis Mv.McRa.e's property line. (d) Agreement consists of an allowance due Mr. M. B. Ware in lieu of absorption of total facility cost less amount paid by Mr. C. M. McRae and Roland Thomas (estimated $725.00) (e) Allowance on credit due Mr. Ware shall be in sewer taps, calculated on cost of the facility less current tap-ons, (6) to existing buildings or 'businesses. One tap in the amount of $200.00 was paid in 1959 by Mr. L. C. Richardson. (f) City of Smyrna shall retain control as to use and location of any and all additional tap-ons. (g) Finalizing of above agreement held in gbeyance pending receipttof bids covering relocation of sewerage installation. On a motion by R. J. McCurry, seconded by H. L. Smith, Mr. _ Phillips (Phillips Barber Shop) was granted permit to use present building on Cherokee Road for barber shop, subject to approval of building inspector. Permit issued prior to above date for new building at rear of property shall be void within 6 ;months from date of issuance. Mr. H. E. Ingram, 209 Merrits Avenue, Marietta, appeared before Mayorr�and Council requesting that body oppose the location of a disposal plant above] -the county water.,supply intake on the Chattahoochee River. A motion by J. W. Webb, seconded by H. L. Smith, to go on record as opposing the location of the disposal plant was voted unanimous. A motion by H. L. Smith, seconded by R. J. McCurry, to dismiss the appeal of Mrs. Nancy F. Cook regarding her letter of objection 264 (Continuation of 8-19-63:]-iMeeting) to fine of $78.00 imposed on a charge of keeping cats on premises (nuisance). Mrs. Cook not being present and no representative appearing in her behalf (the time being 8:45 P.M.) the motion carried by unanimous vote. G. Conley Ingram was authorized to secure survey, plats and legal description for proposed health center and to draw deed for council disposition. Request of Glenn Martin for building permit for furniture store on Cherokee Road withheld pending compliance with codes. A motion by R. J. McCurry, seconded by H. L. Smith, approves the following persons (all citizens) for the Jaycee voter regis- tration field assignment to be conducted August 24, 1963 thru September 14, 1963 Larry W. Palmer, 129 Westbrook Drive, Sipyrna� Ga. Charles Nunnally, 153 Lake Court, Smyrna, Ga. Dan Nixon, 1597 Old Concord Road, Smyrna, Ga. Grady L. Chaffin, 270 Wayland Court, Smyrna, Ga. Lamar Tedder, 127 Magnolia Drive, SmyrnaT Ga. Howard Winslett, 110 Starline Drive, Smyrna, Ga. Samuel Whitfield, 708 Trailwood Drive, Smyrna, Ga. Kenneth W. Rehm, 60 Glenroy Place, Smyrna, Ga. A request from Smyrna Jaycettes to use city parking lot for Bar-B-Q Saturday, November 2, 1963,11:00 A.M. to 7:00 P.M. was granted by unanimous vote on motion by H. L. Smith, seconded by R. J. McCurry. A motion by R. J. McCurry, seconded by H. L. Smith, to issue building permit to Cannons Fruit Stand at 653 No. Atlanta Street to construct a partition separating grocery business from malt beverage sales, subject to clean-up on premises and check out by building inspector, was carried by unanimous vote. Malt beverage, license held in suspension to be re -issued on completion of.above. G. Conley Ingram was authorized to write a letter to the L.& N. Railroad concerning excessivelspeed of trains through and blocking crossings in the City of Smyrna. By unanimous vote on a motion by R. J. McCurry, seconded by H. L. Smith, no outside organizationy person, firm or corporation shall be permitted to use city facilities for car wash operations. A motion by J. W. Webb, seconded by H. L. Smith, to install immediately hower stall in the City Jail, the complete installation not to excde $150.00 in cost, was voted unanimous. Bids were opened on sewage treatment plant repairs as follows: J. E. Lovern Construction Company $5,180.00 A motion by R. J. McCurry, seconded by H. L. Smith, to reject bid as being excessive compared to estimate of cost by engineer, was voted unanimous. Mayor J. B. Ables read letter from Mr. F. P. King of the State Highway Department relative to Old 41 Highway widening project. The Mayor appointed a committee consisting of Councilmen John C. Porterfield, Chairman, Jas. W. Webb and R. J. McCurry, J. B. Ables and an area citizen (engineer yet to be named). The function of this committee will be to acquaint the property owners with the minimum rights -of -way and/or easement plans; obtain options to purchase right-of-way to determine basic cost of properties; hold such meetings with property owners and/or public as deemed necessary to obtain signatures on options and to expedite this project'to final completions. (Continuation of 8-19-63 Meeting) 2 6 5 Councilman J. W. Webb called attention to construction irregularities in sidewalk program due to absence of council in charge. Discussion was deferred until such time that Mr. Porterfield was present toaanswer for committee. Councilman R. J. McCurry led'discussions of financial report through July by departments, with comments on variances in expenses, actual vs budgeted. Mayor Ables complimented council and department heads on staying within their budgets. Mayor Ables read a letter<pof resignation as building inspector from J. A. Bailey. A motion by J. W. Webb, seconded by R. J. McCurry, to accept Mr. Bailey's resignation with regret was voted unanimous. A motion by H. L. Smith, seconded by R. J. McCurry to appoint J. W. Kelly as building inspector for remainder of the year was approved by unanimous vote. IN Council approved by unanimous vote a. motion by R. H. Wood, CV seconded by H. L. Smith, to obtain bid`for construction of two tennis courts at Lake Park, cost to be paid for out of Parks and Recreation bond funds. X Meeting adjourned 10:55 P. M. Next meeting, August 26, 1963 at 7:00 P.M. at City Hall. August 26, 1963 Called meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, August 26, 1963 and called to order by presiding officer, Mayor J. B. Ables at 7:00 o'clock P.M. Councilmen present: J. C. Porterfield, H. L. Smith, J. W. Webb, R. H. Wood and R. J. McCurry. Absent W. L. Keck. In the first order of business, former councilman H. E. Ingram introduced a resolution for council acceptance concerning federal and state funds to support a South Cobb Hospital. The resolution as follows was adopted by unanimous vote on motion of R. J. McCurry, seconded by H. L. Smith. '"Whereas, the Mayor and Council of the City of Smyrna realizes the critical need for additional medical facil- ities to be located in the southern part of Cobb County, and Whereas, Kennestone Hospital in Marietta, Georgia, is now operating at a maximum capacity, Now, therefore, be it resolved, that the Mayor and City Council request due consideration be given the application filed with y8u by the Cobb County Hospital Authority, for participation in the construction of a hospital in the southern part of Cobb County." Action on hearing, Concord Road curb and gutter was the next agenda item. Three citizens appeared and voiced objection to the project, eight`Icitizens approved. During discussion, H. L. Smith proposed and motioned the ordinance as prepared and submitted above date be adopted by Council covering Concord Road improvements. Vote on the motion, seconded by J. C. Porterfield, was held pending opening of construction and installation bids as folllows: Curb, Drainage and Fill Material - Concord Road Improvement