08-05-1963 Regular Meeting257.
August 5, 1963
A meeting of Mayor and Council was held, pursuant tolCity
Charter on August 5, 1963, at 7:00 o'clock P.M., Mayor J. B.
Ables presided. Council members present: J. C. Porterfield,
H. L. Smith, J. W. Webb and R. H. Wood. Absent R. J. McCurry and
W. L. Keck.
Citizens appeared in protest of bill -board type real estate
sign erected by Mueller and Company at Spring Road and Spring Drive,
area known as Springhill Subdivision. It was brought out that
application was submitted, permit issued and fee paid per inter-
preted regulations. During discussion relating to square footage
limitation of signs, requirements and compliance with regulations,
H. L. Smith motioned that real estate sign in area above mentioned
shall be removed immediately and $5.00 permit fee refunded. Further
motioned that permit wi&l be issued covering a sign that meets all
requirements of the building and zoning ordinances. Motion seconded,
J. W. Webb and carried.
IN Attorney John Tyler, representing Nordec, Inc. and/or Southgate
1.
Plaza (Mr. T. J. Northcutt) owner, requested in Council consideration
to re -zone a parcel of land under commercial zoning classification.
Gam: The property called out in prior minutes refers to northwest
entrance to Creatwood Subdivision (now Campbellwood). Mayor J. B.
Ables requested submission of petition calling out type of structure
and business to meet current C-1 commercial area "restricted zoning".
Water and drain problems'(Mr. Haynes) Concord at King Spring
Road, referred to J. C. Porterfield for solution.
Mr. David Martin, 468 McLinden Avenue, was referred by Mayor
J. B. Ables to Police Department on his complaint of a dog nuisance
in his neighborhood.
Mayor J. B. Ables resolved complaint of Chas. Atcheson, Lake
Drive, regarding 1963 Tax Assessment with the statement "that time
span had expired in accordance with recorded procedure." Mr.
Atcheson's request for relief on drainage problem was referred to
J. C. Porterfield.
Mr. John Wills, 775 Spring Road, requested extension of Spring
Road sidewalks and cross walk at Argyle School. It was explained
by the Mayor that sidewalk contract was let covering maximum
allocation from Bond fund and that traffic signal would be erected
at Spring and Campbell Road intersection.
Council'voted:'unanimous denying application for malt bevera.g-e
retail package store permit at 140 North Atlanta. Street. Application
of Albert W. Lively, dated 7-15-63, came up for hearing above date
and denied per motion of H. L. Smith, seconded by R. H. Woods, and
voted unanimous.
Mr. H. P. McCollum appeared as spokesman for sewerage facility
on West side of So. Cobb Drive, from Campbell's Drive -In to McRae's
Bar-B-Cue. History of the problem recorded in prior minutes be-
ginning in 1958 was reported by the Mayor. It was pointed out
that original illegal tap on (1958) was conditionally approved
based on an eight point agreement with original owner, Mr. H. C.
Richardson. It was revealed that three additional connections have
since been made to the often repaired and obsolete Orangeburg pipe
installed from the laundry, thence through a storm drain pipe under
So. Cobb Drive to city sewer line located on property formerly owned
by Jack Murphy. On Mayor J. B. Ables recommendations City Engineer
was authorized to notify users of the above mentioned sewer facility
(laundry excepted) to comply with city sanitary regulations and
further that non-compliance will result in cutting off illegal
connections on August 19, 1963. Memo, cost of sewerage line for
this area per bid was $2,559.00.
i
258
(Continuation of 8-5-63 Meeting)
Petition of V. A. Davenport requesting rezoning of property,
258 Medlin Street, from R-1 Residential to R-2,. Multiple Housing
(Restricted Apartment Project), was accepted and approved for
hearing at City Hall on September 9, 1963. Motion H. L. Smith
to advertise and set hearing date was seconded J. C. Porterfield.
Motion carried.
Motion; byl3:mLit,/Sfdith, seconded by J. W. Webb, that the
properties per plat submitted by Garvis L. Sams are hereby annexed
into the corporate limits of theCity of Smyrna, under existing
Cobb county zoning and subject to and compliance with a.11 existing
codes, regulations and ordinances of City of Smyrna., and further
motioned that said annexation shall become a part of 1963 annex
ation bill for ratification by the General Assembly (1964) and
that TAXES if applicable shall be assessed for 1964 or an amount
equivalent thereto covering city services rendered.
Motion includes annexation of North Cooper Lake Road Right -
of -Way, a distance Southerly, from intersection of Concord Road
and Cooper Lake Road, to existing City Limits and known per city
maps and 1963'Annexation Bill as Bennett Woods Unit No. 1.
Motion to annex was voted unanimous.
Memo. Annexation per plat submitted follows:
TRACT "A" (Commercial Area 5.1 acres)
All that tract or parcel of land lying and being in Land Lots
338 and 339 of the 17th District, 2nd Section, Cobb County,
Georgia, and being more particularly described as follows:
BEGINNING at the intersection of the easterly side of Concord
Road with the westerly side of North Cooper Lake Road, and
running thence southwesterly along the easterly side of
Cpncord Road a distance of 901.3 feet, more or less, to a.
point; thence southeasterly 220 feet, more or less, to a
point; thence easterly 395 feet, more or less, to a point
on the westerly side of North Cooper Lake Road; thence
northerly along the westerly side of North Cooper Lake Road
a distance of 828 feet, more or less, to the point of
beginning. Being a tract of land containing 5.1 acres,
more or less.
TRACT "B" (Residential Area 9.2 acres)
All that tract or parcel of land lying and being in Land Lots
311, 338, and 339, of the 17th District, 2nd Section, Cobb
County, Georgia, and being more particularly described as
follows:
BEGINNING at a point on the westerly side of North Cooper Lake
Road which point is located 828 feet southerly from the
intersection of the easterly side of Concord Road with the
westerly side of North Cooper 'Lake Road as measured along
the westerly side of North Cooper Lake Road; thence continu-
ing southerly along the westerly side of North Cooper'Lake
Road a distance of 400 feet, more or less, to a. point and
corner; thence north 89 degrees 45 minutes west 1369.4 feet
to a point on;`the easterly side of Concord Road; thence
northeasterly along the easterly side of Concord Road a.
distance of 850 feet, more or less, to a point and corner;
thence southeasterly 220 feet, more or less, to a. point'
and corner; thence easterly 395 feet, more or less, to the
westerly side of 'North Cooper Lake Road and the point of
beginning.
(Continuation of 8-5-63 Meeting)
259
Petition appealing court disposition and fine imposed July 22,
1963 in recorders Court was read in Council. Letter requesting
hearing received by City Clerk July 24,1963 and entered on agenda,
above date. Motion to set date of hearing on August 19,1963
before Mayor and Council in the case of Nancy Florene Cook, 339
Wills Street, per !motion of J. C. Porterfield, seconded by H. L.
Smith. Motion carried.
Council heard the report from J. C. Porterfield and Mayor
Ables on progress on sidewalk installations, Bank Street resurfacing,
completion of Powder Springs resurfacing, and start school area,
Highway plans and progress plus corrective action and completion
of street resurfacing bond issue program.
Bids were opened, (Item No. 2) of Agenda as follows:
Bank.St.r.eet.. Curbt.andoGutter 1,850 feet- Total 24" curb and
Bid 0-.-gutter
J. E! Lovern Const. Co.,
N
Smyrna, Ga. $3,806.25 2.06 per foot
i�
Neel Contracting Co.,
�L^
Smyrna, Ga. $5,106.86 2.76 per foot
No citizens on Bank Street appeared in protest of above contem-
plated improvement or to voice objection to cost of assessment
thereof. Motion by J. C. Porterfield the ordinance as read calling
out curb and gutter installation on a portion of Bank Street per
petition of record is hereby adopted. Motion per second of R. H.
Wood carried. Assessment ordinance upon installation and approved
inspection at $2.06 per front foot to be prepared and ma.iled'to
all property owners fronting on above mentioned Bank Street
improvement.
Contract Bank Street curb and gutter @ 2.06 per linear foot
was per low bid recorded, awarded to J. E. Lovern Construction
Company, Smyrna, Georgia. Motion J. W. Webb, second H. L. Smith
and voted unanimous.
Following building permits were approved subject to check-out
by City Bldg. Inspector:
(1) Phillips Barber Shop- Cherokee Road. Motion J. W. Webb
second, R. H. Wood.
(2) Addition, McDaniell Real Estate & Insurance Co.
Motion J. W. Webb, Second, H. L. Smith.
(3) Apartment Project, G. R. Barnette, Glendale Place
(32 units) Motion H..L. Smith, second J. W. Webb.
r
J. C. Porterfield to check on sewerage direction.
Motion H. L. Smith, seconded by R. H. Wood, to adopt the
following resolution covering expansion of water facilities and
sewerage treatment and collective systems, City of Smyrna, as
follows:
(---""�
That Hensley and Associates be named by the City of Smyrna.
to complete a comprehensive study of the Water System and.the
Sewage System on a 20 year projection in the City of Smyrna.,
conditioned on the fact that !the City of Smyrna will enter into
an agreement with Hensley and Associates only when and if,/an
interest free loan is secured from the Community Facility
26
'0 (Continuation of 8-5 63 Meeting)
Administration. (Hensley & Associates to file application), and that
the City of Smyrna will in noway be obligated to Hensley and
Associates for more than any such interest free loan secured
The Water Study to be done for an amount not to exceed
$7500.00 is to include the fololowing:
1. Make a detailed study of water needs for the next 20 years.
2. Rate the existing water system as to its operational efficiency.
3. Provide a detailed study in future population trends and growth
patterns of the entire city and areas served by the city water
system.
4. Determine needs to provide adequate water distribution to meet
requirements of National Board of Fire Underwriters for at
least a class 4 rating.
5. Renew all existing studies in land use, zoning and major
streets to insure the proposed expansion plans for the water
system will conform to sound planning concepts.
6. A master plan for the future water system for needs through
1985 including water sources (Cobb County) storage, distri
bution mains and fire protection requirements.
7. Cost estimates for the recommended plan.
8. Preliminary cost estimates and priority of construction for
the water system's needs for the first four years of the
program.
9. Detailed study of method of financing recommended plan.
10. Sufficient copies of the master plan for use by the city council
and department heads.
The Sewage Collection and Treatment Study to be done for an
amount not to exceed $5000.00 is to include the following:
1. Review of all existing studies in land use, zoning and major
streets to insure the proposed expansion will conform to
sound planning concepts.
2. Determine needs to provide adequate sewage collection to meet
requirements, based on detailed study in future population
trends and growth patterns of entire city and areas that ma.y
be annexed.
3. Develop a master plan for future need through 1985 including
treatment plant location on East side of the city, collection
line, and pump station requirements for each area.
4. Develop cost estimates for the recommended plan.
5. Provide preliminary cost estimates and priority of constructio n
for the system needs for the first four years of the program.
6. Provide detailed study offinancing recommended plan.
7. Provide sufficient copies of the plan for'use by city council
and department heads.
In connection with above.motion, the Mayor and Council adopted
resolutions authorizing filing of applications for an advance to
provide the study and planning for expansion of existing water
systems and sewage collection system as follows:
RESOLUTION
(To be used unless contraty to local law)
Authorizing filing;of application with the United States of
America for an advance to provide for the planning of public
works under the terms of Public Law 560, 83rd Congress of
the United States, as amended.
WHEREAS,
(herein called the "Applicant")
(Legal name of applicant)
after thorough consideration of the various aspects of the problem
and study of available data has hereby determined that the construction
(Continuation of 8-5-63 Meeting)
of certain public works, generally described as
261.
is desirable and in the public interest and to that end it is
necessary that action preliminary to the construction of said
works be taken immediately; and
WHEREAS, under the terms of Public Law 560, 83rd Congress,
as amended, the United States of America has authorized the making
of advances to public bodies to aid in financing the cost of
engineering and architectural surveys, designs, plans, working
drawings, specifications or other action preliminary to and in
preparation for the construction of public works: and
WHEREAS, the applicant has examined andiduly considered such
act and the applicant considers it to be in the public interest
and to its benefit to file as application under said act and to
authorize other action in connection therewith;
NOW, THEREFORE, BE IT RESOLVED BY
The governing body ofsaid applicant, as follows:
1. That the construction of said' -public works is essenti&l to and
is to the best interests of 'the applicant, and to the end that
such public works may be provided as promptly as practicable
it is desirable that action preliminary to the construction
thereof be undertaken immediately;
2. That
be hereby authorized to file in behalf of the applicant an
application (in form required by the United.7States and in
conformity with said act) for an advance to be made by the
United States to the applicant to aid in defraying the cost
of plan preparation for the above described public works,
which shall consist generally of
3. That if such advance be made, the applicant shall provide or
make necessary arrangements to provide such funds, in addition
to the advance, as may berequired to defray the cost of the
plan preparation of such public works;
4. The said
is hereby authorized to furnish such information and take such
action as may bernecessary toena.ble the applicant to qualify
for the advance;
5. That the officer designated in the preceding paragraph is
hereby designated as the authorized representative of the
applicant for the purpose of furnishing to the United States
such information, data, and documents pertaining to the
application for an advance as may be required; and otherwise
to act as the authorized representative of the applicant in
connection with this application.
6. That certified copies of this resolution be included as part
of the application for an advance to be submitted to the
United States.
Motion, H. L. Smith, carried granting Chamber of Commerce and
Jaycees permission to utilize city facilities at rear of Library
and Health Center to conduct the events advertised as L'Smyrna Day"
August 24, 1963.
262 (Continuation of 8-5-63 Meeting)
In final action the Council:
(a) Requested minutes covering Rust Cheese Company annexation
to read: Annexed into corporate limits of City of
Smyrna on basis of existing Cobb County zoning."
(•b) Authorized records be set
tap ons. (Example - Rust
Dickson Shopping Area)
up controlling multiple sewer
Cheese, Maxwell Grocery,
(c) Authorized Councilman, J. C. Porterfield to check and
report on sewer taps, (Area of Debra & Ka.thy Lane) giving
recognition of free taps called out in 1958 minutes to
Mayes Hamby.
(d) Opening police car bids deferred from 8-19-63 to 9-9-63
by reason of seasonal delivery schedules.
(e) Hearing on Concord Road improvement ordinance deferred
from 8-19-63 to 8-26-63, 7:00 P.M. on motion by H. L.
Smith.
Agenda August 5, 1963 ended.
Other Items
Letter from Georgia Land Company requesting deletion of tax
penalty (1963) referred to G. C. Ingram.
Invoices received by City Hall with no supporting data, purchase
order requests, etc., were distributed to council members for
follow up by Mayor J. B. Ables .
Councilman J. C. Porterfield suggested and motioned as follows:
Mayor and Council meet with all department heads each Saturday during
current term, said'committee meeting to follow monthly safety meeting
for the purpose of resolving current problems and functions with no
official action recorded. Motion, J. C. Porterfield, seconded H.L.
Smith. Vote carried three to one, J. W. Webb opposed.
J. C. Porterfield was requested to check alley condition, Love
to Church Street and authorize clean-up
On R. H. Wood's motion stop signs were approved for Jonquil
Park exits and one-way sign on Sanford Road removed.
Councilman R. H. Wood was requested to report on rental of Teen
Canteen basement for occupancy and teaching music lessons on a fee
basis
No further business, Council voted to adjourn.
Adjourned 9:50 P. M. 8-5-63.
Next meeting August 19, 1963, 7:00 P.M.
Hearing on Concord Road August 26, 1963-, 7:00 P.M.
.A