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11-07-1960 Regular MeetingNovember 7, 1960 27 The regular meeting of Mayor and Council November 7, 1960 at City Hall. Mayor G. meeting to order at 7:00 o'clock P. M. Invocation by J. B. Ables. was held pursuant to charter on W. Kreeger presided and.called the All council members were present. The first item on the agenda called out citizens reports. William J. MacKenna appeared with his attorney and discussed in council the contract covering sewer tap-ons at $200.00 each in Landlots 700, 701, 739, 740 and 741. The discussion hinged on a compromise to install one pump station, the City ab- sorbing 50% of the cost. Mayor Kreeger appointed the following committee to act and report their findings during the current week: J. B. Ables, H. E. Ingram, R.'J. McCurry, and G. Conley Ingram. Mr. J. H. Akins requested.corrective action in connection with driveway into his property at 157 Bank Street. It was suggested in council that the City grade the driveway and install gravel, Mr. Akins replacing the fence. In the discussion, Councilman Ingram was authorized to resolve the problem. Also referred to Councilman Ingram was the clean up of dumping area at King and West Spring Streets. A letter was read in council from Mrs. Gladys Causey requesting a lease on city -owned property at McCauley Road and Pinedale Drive for the purpose of erecting a Girl Scout Hut. Mayor Kreeger recommended the lease be drawn, calling out the same options in the lease on Bank Street property for Boy Scouts. The recommendation.passed on, W. B. Sanders' motion and second by W. L. Keck. The Mayor's veto concerning the re -zoning of the G. F. Brown property at 242 South Atlanta Street was read in council by City Clerk, and said veto has been recorded in the minutes and made a part thereof: V E T 0 Members of Council City of Smyrna Gentlemen: October 20, 1960 "Since our meeting on Monday night, October 17, 1960, I have given serious thought to your decision concerning the re -zoning of the property owned by Mr. G. F. Brown, 242 South Atlanta Street, from residential to commercial. "As elected.officials each of you are serving as agents of the people with power to express their desires by your vote. "I contend that preceding decisions by you should serve as an authoritative rule or pattern in similar cases. "In recent decisions on re -zoning requests your vote was with the majority of the citizens. I cannot recall a single request that was ruled. in favor of the minority prior to Monday night. "A considerable amount of the tax payers money has been expended on the Master Plan. As stated in Monday night's meeting, the portion of this plan affecting the areas in question will be completed on or before January 1, 1961. Since opposition. to this re -zoning request was, by far, in the majority I feel that any action by this body should be withheld.pending the completion of this portion of the Master Plan. "In consideration of the above I hereby veto your decision of re -zoning the property of Mr. Brown from residential to commercial." Yours truly, (Signed.) George W. Kreeger, Mayor 4 ! ! 1 28. Continuation' November 7, 1960 W. B. Sanders motioned that Council act on Item No. 3 of the agenda, which reads "J. W. Nash Zoning". On J. B. Ables' second, the vote was 2 to 5, motion f ailed to carry. Councilman R. J. McCurry moved the veto be over -ridden. Second by H. E. Ingram. After discussion, the Mayor called for the vote. The vote to over- ride the veto was 6 to 11 J. B. Ables opposed. The hearing to re -zone the J. W. Nash property at 200 South Atlanta Street was the next item on the agenda. R. J. Austin moved to re -zone the Nash property from residentail to business January 1, 1961, subject to adoption of the com- prehensive city zoning ordinance, and.further the property called out per ap- plication shall be considered zoned. although city-wide zoning classifications are not finalized or adopted as of January 1, 1961. Motion seconded by R. J. McCurry. The vote was 6 to 1, W. B. Sanders opposed. An appeal in the form of a letter from Mrs. Marjorie Hiatt received at City Hall on November 2, 1960, was discussed in council, and on R. J. Austin's motion, the date set for hearing before Mayor and Council was November 14, 1960 at 7:30 o'clock P. M. Voted unanimous on H. E. Ingram's second. The purpose, duties, and qualifications of a city engineer were contained in a written recommendation from R. J. McCurry's committee together with a pre- pared application form. Council accepted.the recommendations as corrected, authorizing advertisement to fill the position and set December 1, 1960 as the deadline for accepting applications. In discussing item No. 11 of the agenda relating to policy covering city ad- dress records, council, on W. L. Keck's motion, established the following pro- cedure: "All city machinery and/or equipment is hereby restricted from use by any concern, organization, person or persons other than civic and charit- able organizations unless otherwise prior approval is secured through Mayor and Council." Second by J. B. Ables. Unanimous. A proposed ordinance referring to meetings of Mayor and Council was read by Councilman Ingram, and upon motion of H. E. Ingram was adopted. as corrected. Seconded by W. L. Keck and voted unanimous. Copy of said ordinance to be reproduced in the minutes and. made a part thereof: 7 ORDINANCE Be it ordained by the Mayor and. Council of the CITY OF SMYRNA, and it is hereby ordained by authority of same as follows: WHEREAS, Section 7 of the Charter of the City of Smyrna provides that the Mayor and Council of said City may hold such special or call meet- ings as the business of the City may require, to be convened as provided by ordinance; and WHEREAS, it is deemed desirable by said body to provide specific procedures for the holding of special or call meetings of said Mayor and Council by such an ordinance: NOW, THEREFORE, it is hereby ordained as follows: SECTION 1 That all special or call meeting of the Mayor and Council of the City of Smyrna shall be held in the City Hall in Smyrna, Georgia, and shall be called by the Mayor of said City or by two-thirds of the Councilmen of said City in the event the Mayor or the Mayor Pro-Tem cannot or will not call such a meeting upon request therefor by two-thirds of said Council, for the purpose of considering any business of the City of Smyrna or any matter affecting said City. Notice of each such meeting shall be telephoned at least one day in advance to the Mayor and each member of the Council by the Clerk of said City upon direction of the Mayor or said Councilmen of said City. Such notice shall also be confirmed in writing prior to such meeting and shall specify all known items of business for which said meeting is called and said notices shall be mailed or delivered by the City Clerk to the home address of each of said officials so as to arrive at each such destination in advance of each such meeting. Continuation November 7, 1960 29 SECTION 2 It is further provided that meetings held or called in accordance with Section One of this ordinance shall be limited to consideration of the items of business specified in the notice of said meeting. SECTION 3 It is further provided that all such special or call meetings of said. Mayor and Council shall otherwise be held in accordance with all the rules, ordinances, customs and Charter of said City prescribed for reg- ular meetings for said. Mayor and.Council not in conflict with this or- dinance, and a quercum shall be necessary for the transaction of any busi- ness brought before such special or call meetings. SECTION 4 It is further provided.that, notwithstanding the above Sections of this ordinance, a special or call meeting of the Mayor and Council of the City of Smyrna may be held at any time, in the City Hall of said City, by unanimous consent.of the Mayor and Council for the purpose of considering any business that may be brought before such meeting. City of Smyrna Traffic Code changes, Page 35, Section 91 (a) Change first paragraph from 30 Miles per hour to 45 miles per hour. (b) Change Item (1) from 20 miles per hour to 15 miles per hour. (c) Change Item (6) from 30 miles per hour to 45 miles per hour. The above changes put in motion by H. E. Ingram. Seconded by R. J. Austin and voted unanimous. The repairs necessary to Reed Road by reason of installation of the out - fall line was referred to Harry E.' Ingram for follow-up. It was acknowledged by Council that the control of traffic and parking regulations in the Belmont Hills Shopping Center parking area was not the responsibility of the city. Councilman W. B. Sanders authorized permission to install service line and meter at the developer's cost to a proposed fountain at the enttrance to Creatwood Forest. Councilman W. L: Keck presented a plat for a proposed city garage to be located. on Corn Road. Motion by H E. Ingram authorizing City Engineer Sam P. Hensley to draw specifications in accordance with the plans submitted November 7, 1960, and further authorize the letting of bids - said bids to be opened at 7:00 o'clock P.M. December 5, 1960 by Mayor and Council. Second by R. J. Austin and voted unanimous. Motion to recess, R. J. McCurry. Recess 11:08 o'clock P.M. Next meeting: November 14, 1960 7:30 o'clock P.M. November 14, 1960 At the recessed meeting of Mayor and Council, held at City Hall on Monday, evening Nobember 14, 1960, the Mayor of the City called the meeting to order at 7:30 o'clock P.M. and stated the purpose of the meeting was to complete unfinished business of the regular meeting of November 7, 1960. All members of council were present, including City Clerk, Attorney, and so Engineer. Mayor G. W. Kreeger called the first order of business - "Appeal from Recorder's Court." The appeal filed by Mrs. Marjorie Hiatt dated. 11-2-60 involved her son William Paul Hiatt, charged in court 11-1-60 on three counts and found guilty as charged, all cases disposed by City Recorder by fines as recorded in Smyrna Police Docket of November 1, 1960. Council heard testimony from Mrs. Marjorie Hiatt, William Paul Hiatt, Messrs. Taylor and Alford, and Officers Conway and Chandler • Council after