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
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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