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10-16-1961 Regular Meeting103 Continuation of October 9, 1961 extend the public sewage facilities of the City to serve additional customers and, inas- much as the owner of said property refuses to convey said easement and right-of-way to the City, although offered the fair market value thereof by agents of the City. Hugh Lee McDaniel is hereby appointed appraiser to represent the City in such condem- nation proceedings and the property to be condemned for the permanent easement is described as follows: ALL that tract or parcel of land lying and being in Land Lot 445 of the 17th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: BEGINNING at a point on the north side of Belmont Circle in said land lot, 260 feet west of the intersection formed by the north side of Belmont Circle with the west side of North Atlanta Road, as measured along the north side of Belmont Circle; thence running northerly 27 degrees 30 minutes west for a distance of 132 feet to a point and corner; thence running southerly 75 degrees 27 minutes west for a distance of 10 feet to a point and corner; thence running southerly 27 degrees 30 minutes east for a distance of 134 feet to a point located on the north side of Belmont Circle; thence running northeasterly along the north side of Belmont Circle for a distance of 10 feet to the point of beginning. Motion to accept resolution as read, R. J. McCurry; seconded by H. E. Ingram and. voted unanimous. Letter read by J. B. Ables requested business license for advertising and promotional assignment using pamplets, programs and telephone solicitation by William P. Hiatt. R. J. Austin motioned issuance of license be granted and set the business license fee at $50.00 per year. H. E. Ingram seconded the motion. The vote was five to one, J. B. Ables opposed. Construction machinery bids referred to committee for report next meeting. The following items were discussed, deferred or referred as follows: - Re -run profile and design, Belmont Circle, for sewerage facility - King -Williams professional building. (HEI) . Establish school zones and traffic control. (HEI) Clean out drying beds, South Cobb Drive and remove digester. (RJM) Signal devices for Hawthhorne railroad crossing. (RJM and GCI) Sewerage, Paul Brown, request deferred to November 1961. Walkways for school children, Spring Road. (HEI) Mr. Ray Ferrell hired as of 10-9-61 as City mechanic at starting salary of $100.00 per week. Motion W. L. Keck, second by R. J. Austin. Motion carried. MEMO: Mr. Ferrell to furnish hand tools. No department charge or budget allocation was called out. W. L. Keck was requested to secure bids for completion of garage: - Fence, steps, ramp, paving, sewerage, heat, bins, benches, furniture and related equipment. Complaint on drainage (W. E. Collett) referred to H. E. Ingram. Sale of Highland paving notes at face value was approved. Council discussed public sewerage facility and annexation of L.L. 600-553 and 528. Motion to adjourn R. J. Austin. Adjourn 9:20 P.M. Next meeting October 16, 1961 - 7:00 P.M. October 16, 1961 Regular meeting of Mayor and Council was held at City Hall, October 16th, 1961 at 7:00 o'clock P.M. Mayor G. W. Kreeger presiding; all council members present. 104 Continuation of October 16, 1961 In the first order of business, John C. Porterfield, "Jaycee V. P." read in Council the Chambers' resolution urging the L & N Railroad, Mayor and Council, Cobb County Commissioner, State Highway and State Public Service Commission to install adequate warning and signal systems to protect life and property and further accidents at the Hawthorne Street crossing. Accepted as read on motion by J. B. Ables. W. J. MacKenna presented preliminary plat near Argyle School on Spring Road comprising 61 lots on the Adams-Eskew property. Application for annexation petition was suggested. Citizens from Cliffwood Drive appeared in opposition to proposed move of the Jack and Jill Day Nursery from 115 to ill Cliffwood Drive. Petition submitted and filed for record. Council authorized that owner (Mrs. Ruby F. Cooper) shall be notified regarding existing ordinance and further that status of present nursery cannot change without council action. Motion, J. B. Ables, seconded by R. J. McCurry and voted unanimous. A long discussion developed when citizens of Belmont School area spoke in opposition to raising speed limits in the school zones on Cherokee Road. Councilman H. E.Ingram requested action on purchase of flashing signals which automatically light and call out speed limits. Motion by J. B. Ables - Purchase and install (2) flashing signals in accordance with plans submitted and set the timing of signals to coincide with Cherokee School traffic. Timing and speed at 15 M.P.H; 7:15 to 8:30 A.M. and 15 M.P.H. - 1:30 to-2:30 P.M. On R. J. Austin's second, council voted unanimous. . A second group of citizens appeared in protest of residential construction on San Fernando Drive and stated the 61 proposed houses did not meet minimum square footage requirements and the price range of said houses, ($12,000.00) could effect a monetary loss on existing properties in the vicinity. It was brought out: (A) Completed model house contained"1004 square feet; (B) Nineteen houses were in the planning stage (C) That the builder was not aware of amended ordinance from 800 to 1,050 square feet. (D) That the builder was not of record at time of passage of said ordinance. Motion by H. E. Ingram - City Hall shall withhold all building permits until square footage requirements per amended ordinance have been met. Second by.J. B. Ables. Voting for the motion - R. J. Austin, H. E. Ingram, J. B. Ables, W.,B. Sanders, W. L. Keck and J. K. Chastain. Opposed R. J. McCurry. The council voted and authorized City Attorney G. Conley'Ingram to represent police officer in defense of a suit charging assault and battery - Motion and Second, J. K. Chastain and R. J. Austin. - Voted 6 to 1, R. J. McCurry against. Council named, on unanimous vote, the following citizens who shall constitute the election board for the 1961 election to be held at City Hall November 4, 1961. Appointed as registrars for the coming the election managers: - Mrs. Paul Hensley ) Mr. Lewis Shriebman ) Motion: Mr. John Porterfield ) election and authority assigned to assist J. B. Ables - R. J. Austin - Appointed as election managers for November 4, 1961-election:- Mr. William Atkins ) Mr. Hubert Black ) Motion, H. E. Ingram - W. L. Keck Mr. Charles Nunnally ) Appointed as alternates for November 4th, 1961 election: - Mr. Jack Gilbreath ) Mr. Larry Palmer ) Motion: H. E. Ingram - W. L. Keck Motion W. B. Sanders, second R. J. McCurry the fees paid for services rendered, Mrs. Paul Hensley shall be as follows: Coordinator of registrar assignment $40.00 Assist Election Managers 11-4-61 $30.00 Council voted to restrict solicitation on election day to an area or radius of 25 feet from City Hall entrances. Motion W. L. Keck, second H. E. Ingram. Parking on City Hall lot to be restricted and policed November 4, 1961 for voters only. Motion by R. J. McCurry - "We amend rules and regulations governing sale of malt beverages to allow,one person,.family or company to secure more than one permit provided said permit has approval of City Council", Second J. K. Chastain. There was no� vote. 105 Continuation of October 16, 1961 W. L. Keck motioned: - "That it be laid on table" for discussion in next meeting. On W. B. Sanders second the vote to table: - For: R. J. Austin, J. B. Ables, W. B. Sanders and W. L. Keck. Against: - R. J. McCurry, J. K. Chastain, H. E. Ingram. Refund was allowed on R. J. McCurry's motion for sewerage fee paid on monthly water bills.of J. W. Pollard at $1.00 per month from date recorded through April 1961. Said refund shall be deducted from Highland Avenue paving assessment now due and payable. Sec- ond R. J. Austin and voted unanimous. September 1961 financial reports were submitted and comments by J. B. Ables referred to income and limits on spending through end of year. Re -write of City Charter was discussed by Attorney, G. C. Ingram, in Council with comments on legal costs and engineering costs. - Referred to G. Conley Ingram and H. E. Ingram. Motion, H. E. Ingram, second R. J. McCurry authorized reproduction of 200 copies of zoning ordinances as amended to be bound at a cost of $250.00 and sold to contractors at i $1:50 per copy. Two bids for Chevrolet Police Cars were received and opened as -follows: - Net Amount I Days' Chevrolet Inc., Acworth, Ga. $15660.62 Anderson Motor Co., Marietta, Ga. 1,877-45 M Motion, R. J. Austin "We accept the low bid of Dayst Chevrolet, Inc. in the amount of $15680.82. Second, W. B..Sanders - Unanimous. Motion by R. J. McCurry to dismiss current engineering personnel was withdrawn on H. E. Ingram's-request to accept H. F. Wiley's resignation. On request from Council Mr. Wiley su b mitted the following oral resignation. "Effective immediately I tender my resig- nation as Engineer for the City of Smyrna with a request that I be granted permission of Mayor and Council to complete current assignments in process on a daily remuneration basis." Oral resignation of Harry F. Wiley was accepted by Council on motion by H. E. Ingram, seconded by R. J. Austin. _ H. E. Ingram cast the dissenting vote when W. L. Keck motioned to change Sanford Place for two way traffic from current date to opening of base ball season in 1962• The motion, seconded.by W. B. Sanders carried six to one. Motion to adjourn, R. J. Austin. ,Adjourn 11:35 P.M. Next meeting, November 6, 1961 - 7:00 P.M. October 21, 1961 Four members of City Council met at City Hall above date for the purpose and discussion concerning building permits in area of San Fernando Project. Mayor G. W. Kreeger and Coun- cilmen R. J. McCurry, W. B. Sanders, Harry E. Ingram and R. J. Austin were present. Absent: J. B. Ables, W. L. Keck and John K. Chastain. Meeting called to order. R. J. McCurry moved to declare the meeting an official called meeting of Mayor and Council and so voted. There were approximately forty citizens of Ward No. 6 present. Purpose was to act on request of the McNeal Company to issue building permits on basis of signed contracts cover- ing six homes similar to the model home on Cherokee Road. A petition was presented in coun- cil opposing any and all exceptions to minimum standards relative to square footage of R-1 residential construction. In discussion, H. E. Ingram motioned to comply with zoning code as amended requiring 1,050 square feet for R-1 residential buildings. Second by W. B. Sanders. Voting for com- pliance, W. B. Sanders and Harry E. Ingram. Against:.- R. J. McCurry and Robert J. Austin. Mayor George W. Kreeger cast the deciding vote against compliance with -:.amended ordinance for the six houses called out in negotiated sales contracts. R. J. McCurry motioned to waive exceptions and permission to build the six houses be granted. R. J. Austin seconded the motion. There was no vote.