01-07-1963 First Meeting2,01
FIRST MEETING - 1963 January 7, 1963
The first meeting in the New Year was called to order at,7:00 o'clock
P. M. above date by presiding officer, Mayor J. B. Ables._ All council
members were present except J. W. Webb. Invocation by H. E. Ingram.. In
the first order of business, Mayor J. B. Ables, speaking before council
and citizens present, gave a brief resume of 1962 acc cmplishments and , ,
progress and called on each councilman to report on departmental progress
relative to newstreet lighting, street improvements, police activities
and training, Fire Department records for 1962, highway progress, ,surveys
authorized, park expansion, new garage, new library and financial con-
dition of the city.
Per request, Mx. J. T. Smith, Jr. of Georgia Power Company presented
revised plat of pole locations for their east -west high tension trans-
mission line from the Four -Lane Highway at Roswell Street to South Cobb
and Jones Shaw Road substation. During discussion, Mayor J. B. Abler
referred the final answer on accepted route to committee.
Dr. David Mazer submitted invoice covering "Breath-a-Lyzer" test
kits,($$3.10) and stated the kits were delivered and used by city police
during a seven month period in 1961. ,MEMO: -The city did not purchase
the $850.00 unit per 1-31-62 minutes. The question hinged on any legal
obligation due Dr. Mazer. The item ($83.10) was referred to Police
CAD Committee for decision.
Citizen J. D. Hester requested permit to,sell produce at or near area
of Hawthorne cross over. Council requested,he contact business license
committee in writing. It wasfurther reported the State property area.at
Hawthorne created a traffic hazard in 1962/ppolice records. .Mr. Hester
was requested to search for another corner.
Mr. and Mrs. Barnes and their son Allan Durham complained to council
regarding a routine action by police in placing their son under suspicion.
He was dismissed immediately when the complaining citizen failed to identify
Allan Durham as having any part in.a reported robbery. t
Mr. G. R. Barnette requested zoning of the E. E. Branch property on
Church Street from R-1 to R-2. Council authorized advertising and set the
hearing date at Zoning petition of C. J. Coker, H. F. Allen, and E. P.
Logan, three parcels of land located on north side of Concord Road, at
McLinden, was next item on agenda. The hearing date was advertised for
1-7-63. Property known as Lot 1-C, Lot 2-C and Lot 1-A were before council
to determine requested zoning change from R-1 to C -1 neighborhood com-
mercial. Spokesmen in opposition to rezoning the C. J. Coker property
appeared and signed petitions were submitted. Action came when H. L.
Smith moved the petition to rezone C. J. Coker's property from R-1 to C -1
be and is hereby rejected. W. L. Keck seconded the motion. The vote was
unanimous. The adjoining properties, H. F. Allen and E. P. Logan were
rejected and remain as R-1 Residential by reason of denial of the C. J.
Coker petition. Any other action would be recorded and construed as spot
zoning. Action on the Allen and Logan properties per motion of R. J.
McCurry$ seconded by W. L. Keck and voted unanimous.
-Building permit application of H. L. McDaniell for alteration of three -
car garage at 200 South Atlanta Street was approved and permit granted on
motion by H. E. Ingram which carried. Alteration and addition for purpose
of meeting rooms for Smyrna Chamber of Commerce.
.Mr. Paul White mentioned in council meeting city services rendered to
unincorporated southwest area property owners and suggested the Mayor and
Council consider his request to curtail all such service immediately. The
answer to above came in the form of a recommendation from the mayor to
prepare studies concerning water rates, park usage and fire protection in
the area called out. MEMO: - Statistics of record were posted in council
room 1-7-63 showing anticipated loss in retained profit - water department,
1963. (Estimated loss $11,980.00),
Four petitions for zoning property on north side of Cherokee Road came
up for hearing. Properties recorded as follows:- M. W. Kinney, Jr. lot 11 M,
584 Cherokee Road; Ward Meade Investment Co. Lot 19-G, 602 Cherokee Road;
M. H. Tatum Lot 20-G2 612 Cherokee Road; and J. D. Langley Lot 21-G, 620
Cherokee Road. All properties a�Joining in landlots 347 and 374 and
adjacent to existing C -1 neighborhood commercial area. Above properties
0
202 (Continuation of 1-7-63 Meeting)
were, per petitions submitted, zoned from R-1 Residential to C-1 Commercial
area on motion by H. E. Ingram, seconded by R. J. McCurry. Motion carried
five to one, W. L. Keck opposed. Not citizens appeared in opposition to
requested rezoning.
Application for retail malt beverage license, 630 Cherokee Road, from
Mr. H. L. Compton of E-Z Food Shops (Atlantic Company) was denied. Motion
by H. E. Ingram, second by R. J. McCurry that this council deny the retail
malt beverage license requested by E-2 Food Shops on basis of existing
ordinance. Voted unanimous.
In further discussion council stated the retail merchants on North Atlanta
Street who were issued malt beverage licenses during nine months of 1962 must
comply with existing regulations or denial of 19 1Permit shall be effective
during January, 1963,"�
Progress reports were submitted showing street resurfacing to date' curb
and gutter installations and park construction by Mr. Phillip Sutton of
Hensley & Associates, Inc., H. E. Ingram and R. H. Wood. In calling out
expenditures on street resurfacing, Mr. Sutton stated the non -obligated funds
on hand in Street Bond Fund amounted to $286,000.00. During discussion, J. B.
Rhodes motioned 'We set aside $1009000.00 (Street Bond Funds, invested) for
the purpose of purchasing rights -of -way -on State and Federal participating
projects, said fund subject to legal clarification by City -Attorney., G. Conley
Ingram." Seconding the motion, R. J. McCurry and voted unanimous.
On R. J. McCurry's motion, contractor was authorized to extend a drainage
project fifty feet in area of Mr. J. C. Babb's property on Whitfield Street,
said extension'!increasing approved contract from $1,050.00 to $1,250.00.
Seconded by H,'! L. Smith and carried.
W. L. Keck's motion to mail 1963 tax assessments to all citizens lost on
a vote of five -to one. Reason given hinged on heavy work load in city hall
during current period through June, 1963.
Motion by W. L. Keck, second by H. L. Smith, 'City Hall shall mail notice
to all taxpayers calling out the following information and dates: -
(a) 1963 assessed valuations posted in council room for a period of
fifteen days -- dates to be determined.
(b) Appeal before Board of Tax Assessors -- date to be determined."
The motion carried four to two.
Mr. John Tyler, attorney representing Thomas J. Northcutt, City,Attorney
G. Conley Ingram, Ray Lindsay, citizen from Creatwood Forest, Mayor and Council
reviewed the many recordings,' requirements and zoning of C reatwood entrance.
Most of the discussion related to failure to recognize the original intent of
9-11-61 minutes, the -type of structure and buffer area stipulated and agreed
upon at time of zoning hearing per 9-11-61 recorded and signed minutes. Other
discussion brought out the pending mandamus (per calendar, week ending 1-19-63)
which law suit, if lost by the City of Smyrna, the property thereby reverting
to and under C-1 area classification. Under an adverse ruling, the plantiff
could build any structure for any C -1 business with only the existing building
codes applicable. It was agreed to szbmit in writing a covenant pertaining
to the above on or before January 14, 1963.
On the verbal approval (J. E. David, engineer, and Phillip Sutton, con-
sultant engineer) council on H. E. Ing rams motion seconded by J. B. Rhodes
adopted the plans and specifications for Spring hill Subdivision Unit -No, 4
and further motioned to permit Springhill Developers to install sewerage
system under city inspections waiving all tap -on fees. Unanimous.
It was agreed per H. L. Smith's motion to install stop sings:- Dell
at Evelyn and King Springs at Dunn Street Extension.
All unfinished business was per Mayor's request deferred to January 14,
1963 at 7:00 P. M.
Motion to recess.
Recess 11:30 P. M. to•1-16-63 at 7:00 o'clock P. M: