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11-18-1963 Regular Meeting(Continuation of 11-4-63 Meeting) 283, not finalized a settlement on the station. Mr. Floyd was present and stated that his expense to date including legal fees was $700.00 and that he could not consider settlement for any lesser amount. In the absence of the City Attorney Mr. Porterfield requested that no_iaction be taken.•until the next regular meeting, to which Mr. Floyd agreed. A discussion on the traffic hazard on Church Street aggravated by parking in the area of Southern Manor Apartments was resolved in a motion by H. L. Smith second by R. H. Wood to establish a No Parking zone on both sides of Church Street between King Street and the intersection of the western leg of Stephens Street. The Street Department to mark off the right-of-way line in the Apartment area. R. H. Wood reported the Lake Park tennis court paving had not begun due to the fact that major grading was necessary and this not included in the quotation from Sam Finley, Inc. A decision to have the Parks Department do the ba.se grading and Finley to do finish grading and pave the courts. CIQ R. J. McCurry called out the need for insurance coverage for auxiliary policemen, estimated cost $6.00 per year per man or a. total of $36.00 per year. H. L. Smith suggested a further check be made to see if adequate coverage could be obtained for less money before taking action. R. J. McCurry reported a complaint of damage to property owned by Clarence Brooks at 242 Walker Street when street resurfaced was justifiable and recommended a wall be constructed as remedy. A motion by Mr. McCurry -second by H. L. Smith to approve con- struction of a concrete block wall at 242 Walker Street at a cost not to exceed $286.00 to be paid for out of Bond Fund, subject to Mr. Brooks granting an easement to clear possible encroachment on property by street resurfacing, was voted unanimous. A motion H. L. Smith second by R. J. McCurry to approve permit for Pop Warner League to solicit funds on November 9, 1963 or in the event of inclement weather, any clear day thereafter, was voted unanimous. J. W. Webb called attention to signs throughout City being inconsistent with the Uniform Traffic Code. The list was given to J. C. Porterfield to check out. A motion by H. L. Smith second by J. W. Webb to adjourn was voted unanimous. Meeting adjourned 9:40 p.m. Next regular meeting November 18, 1963, 7:00 o'clock p.m. November 18, 1963 A regular meeting of Mayor and Council was held at the City Hall November 18, 1963, at 7:00 o'clock p.m., Mayor J. B. Ables presided. Council members present: John C. Porterfield, H. L. Smith, J. W. Webb, Blake A. Thomas, R. H. Wood, C. M. Chapman and R. J. McCurry. C. W. Armour, on behalf of the Smyrna Little League, thanked the City for its cooperation during a most successful season in which 360 boys plus 75 eight year olds participated. Mr. Armour presented plans for a. new building to serve as a. press box, conference room and storage area, requesting permission to erect said building at Jonquil Park at no cost to the City. R. H. Wood stated he had seen and approved the plans and further motioned 284 (Continuation of 11-18-63 Meeting) that a permit.be-issued subject to approval of the City Building Inspector, the City to be released of all liability, and a contract relative to use of the building be drawn up and duly executed by the City Attorney. The motion, on second by H. L. Smith wa.s voted unanimous. The hearing was opened on petition of McNeal and Company to rezone from R-1 Residential to C-1 Commercial that tract of land lying and being in LL-348, lots 6 & 7, Block 11011. Mr. Wm. McNeal commented on proposed addition to existing building to house Real Estate office. No citizens appeared to protest the re -zoning. A motion by R. J. McCurry to re -zone the tract as described from R-1 Residential to C-1 Commercial was, on second by J. W. Webb, voted unanimous. Hearing date was set for December 1.6, 1963, at the City Hall on peittions of the owners of tracts of land lying and being in LL 348, Lot 8, Block 110" and Lots 1 & 2, Block "N", to re -zone from R-1 Residential to C-1 Commercial. The motion by R. J. McCurry, second by J. W. Webb, was voted unanimous. W. M. Reed, representing W. A. Ward, Jr., presented a petition to re -Zone a tract of land in LL's 376 and 377 lying and being on the East side of South Cobb Drive right-of-way from Powder Springs to Bank Street a distance of 1390 feet and extending East from South Cobb Drive to a buffer area formed by Stone Creek. A motion by R.J. McCurry, to set the hearing date for December 16, 1963 at the City Hall, second by J. W. Webb, was voted unanimous. A motion by H. L. Smith, second by J. W. Webb, to set December 16, 1963 as the date for Hearing on petition of W. B. Sanders to re -zone from R-1 Residential to C-2 Commercial that tract of land lying and being in LL's 413 and 414 directly north and to rear of Sanders Funeral Home on Concord Road, was voted unanimous. Bids on Traffic Control Signal for the Argyle Elementary School area will not be opened until December 2, 1963 as previously scheduled to permit receipt of additional bids. J. C. Porterfield, reporting on lots on Harold Lane, said only four (4) of the six (6) lots in question are suitable for building per plat of record being dated prior to the current Zoning Ordinance, Mr. Porterfield to so notify the developer. Form "C"State Highway Construction Projects and Certificate of Ownership were read in Council and signed by Mayor and Council. Form "C" (a resolution) was adopted as read, calls out widening and resur- facing Concord Road in the City of Smyrna from SR--280 to Kings Springs Road a distance of 0.7 miles and referred to in the signed and sub- mitted forms as Federal and/or State Aid Project PR 701 (2). Motion R. J. McCurry, second H. L. Smith to adopt the resolution and certificate of ownership as read. The vote was unanimous. Attorney G. Conley Ingram stated that Street Improvement Bond Fund monies could not be used to purchase traffic control signals, this source having been considered as means to speed up acquisition of traffic signal for the Argyle Elementary School area. Final action on the Argyle Estates and Flagler Sewage Lift Stations was deferred pending easements, deeds or acceptance per request of City Attorney. Upon recommendation of Finance Committee Chairman R. J. McCurry Council approved a temporary loan of $25,000.00 from the Water Revenue Fund to the General Fund, said loan to be repaid on or before December 319 1963. In. -connection with the above Mayor Ables requested all department heads to curtail expenditures except those of an emergency nature. (Continuation of 11-18-63 Meeting) 285 cq N CL Motion J. W. Webb, second R. J. McCurry to a.dopt the August 1963 minutes as submitted was approved by vote of 5 to 2, C. M. Chapman and Blake A. Thomas abstaining, both of whom are filling unexpired terms 11-4-63 through 12-31-63. The September, 1963 minutes were approved as submitted on motion by J. W. Webb, second R. J. McCurry, voting 5 to 2, Chapman and Thomas abstaining. The October, 1963 minutes were submitted and approved with corrections as noted. The motion by J. W. Webb, second J. C. Porterfield was approved by 5 to 2 vote, Chapman and Thomas abstaining. Upon recommendation of Street Committee Chairman J.C. Porterfield and so motioned, second by.H. L. Smith, Council adopted by unanimous vote the following recommendations subject to compliance with State Uniform Traffic Code: Spring Street - Highlands Subdivision Paint Crosswalk at Glenroy Erect School Bus Stop sign east of Glenroy Erect School Crosswalk sign at top of hill approximately 250' west of Highland Drive Paint Crosswalk at Highland Drive, 24 inch solid white lines Erect Crosswalk sign for westbound traffic just east of Dundee Drive Erect No Passing signs where applicable (to be determined after centerline painted). Erect School Zone-15 MPH sign at top of hill approxdmately 500 feet west of Campbell Road That sidewalk on north side be extended west to Highland Drive when additional sidewalks are authorized Recommend strict law enforcement especially during school hours both morning and afternoon. A motion by J. C. Porterfield, second H. L. Smith to move the 15 MPH School Zone blinker light on Spring Street west to the City Limits was voted 6 to 1, R. J. McCurry voting against the motion. A motion by J. C. Porterfield, second by R. J. McCurry, to contract with the State Highway Department to centerline primary streets particularly those which had a centerline before the re -paving program began and to include Spring Street at a cost of $53.28 per mile, was voted unanimous. Raymond Reed, owner of Southern Manor Apartments on Church Street appeared to protest the NO PARKING area recently established on both sides of Church Street between King Street and the western intersection of Stephens Street, claiming that they had dedicated an area for parking in front of the apartments at the time of_` construction and further that elimination of parking in front of the apartments would result in an economic loss in rentals. Several citizens in the area. also appeared appealing to Council to uphold the No.Parking zone and to control speeding in the area. Mr. Reed offered to share the expense of paving an additional 2 foot strip to increase the width of 'the paved street and thus permit parking, the matter referred to J. C. Porterfield to determine cost of extending paved area to permit a 10 foot parking area. in front of Southern Manor Apartments. There being an apparent need for clarification of the agreement between C. Ma.yes Hamby and the City of Smyrna relative to sewer taps in the Hamby project, a motion by R. J. McCurry, second by H. L. Smith to incorporate excerpts of contract and/or minutes pertinent (Continuation of 11-18-63 Meeting) 286 to bringing the record up to date and assignment of free sewer taps, was voted unanimous as follows: Item two (2) of agreement signed and approved 2nd February 1959 reads as follows: "It is further agreed that cost of sewer laterals in the C.M. Hamby project shall be borne by the City and that the party of the second part (C.M. Hamby) shall have the right to tap on to said sewer line at a cost of $200.00 per tap." The minutes of April 6, 1959 meeting of Mayor and Council, page 130, reads as follows: "Due to relocation of the Federal Grant Project sewer expansion line, W.B. Sanders moved this Council allow four (4) free sewer tap ons on the property of C.. Mayes Hamby. Second by G. W. Kreeger. Voted unanimous." The minutes of this, the 11-18 63 meeting, per above motion refer to and incorporate the following agreement assigning the four (4) free sewer tap-ons: No. 1 tap -on: $200.00 sewer tap fee waived Lot #10 Hamby Project - B. T. Moraan No. 2'tap-on: $200.00 sewer tap feeC waived - Lot #2 Hamby Project - Paul Champion No. 3 tap -on: $200.00 sewer tap fee waived - Lot #4 Hamby Project - L. W. Boring No. 4 tap -on: $200.00 sewer tap fee waived - 328 Concord Rd., Mrs. Pearl Jones, residence only Taps #1, 2 and 3 have been connected, and #4 as of this date (11-18-63) is due based on agreement above recorded." Attorney G. Conley Ingram stated he3had received a, letter from the Cobb County -Marietta Water Authority with reference to the West Side Sewerage Outfall line and tap ons to said line per 1960 agreement. In the discussion which refers to revenues collectible for tap-ons to the sewerage facility the matter was referred to J. C. Porterfield for investigation and report. J. E. David reported the retaining wall at 242 Walker Street was in process. Y A letter was read from Mrs. Mazie Nelson requesting withdrawal of her resignation tendered earlier this year. R. H. Wood stated the petitions which had been given to the Library Board had been returned with the recommendation that Council follow their previously stated position to accept the resignation of Mrs. Mazie Nelson. Discussion resulted in a motion by H. L. Smith second by John C. Porterfield to accept Mrs. Nelson's letter withdrawing her resignation and voted 5 for. Mr. Webb and Mr. Wood abstaining. In a report on Lake Park tennis courts R. H. Wood stated City equipment was not adequate to do the basic grading. He asked permission to pay for grading out of Parks and Recreation budget (Capital Funds). Bond Fund monies not available. A motion by H. L. Smith second J. W. Webb to authorize R. H. Wood to negotiate bid on basic grading at Lake Park, total expenditure not to exceed $600.00 to be paid for out of Parks and Recreation Budget. Motion voted unanimous. Consulting Engineer P. J. Sutton, H. L. Smith 'and J. C. Porterfield assigned to„coordinate revisions in the application for grant for Water System Study. Mayor J. B. Ables reminded Council and citizens that the Cobb Legislators would hold a meeting Thursday night at the City Hall, public invited, purpose of the meet -ling to discuss proposed legis- lation of local and County -Wide interest. i (Continuation of 11-18-63 Meeting) 287 Ca Meeting adjourned 10:20 p.m. Next regular meeting December 2, 1963, at 7:00 o'clock p.m: at the City Hall. C. M. Chapman, Councilman at Large ames W. Webb, Councilman Ward 2 Sanitation Ilk, 0 H. Smi ouncilman Ward 4 Police, ire, CD Q, -d� /I 4IJ-- �-Z� r C. Porterfi ld, Councilman Ward 6 Streets 71 R. J. cCurry, Counci n Ward 1 Administrative and Finance R. H. Wood, Councilman Ward 3 Parks ake A. Thomas, Councilman Ward5