10-15-1962 Regular Meetingi,2
OCTOBER 15, 1962
A regular meeting of Mayor and. Council was held .at City Hall
October 15, 1962, and called. to order by Mayor J. B. Ables at 7:00 P.M.
All council members present.
No citizens were present to report problems in council.
Mayor J. B. Ables called out Item No. 2 of submitted. agenda for"
action on building permit per request of Swift Oil Company, Inc. of
Fort Lauderdale, Florida. Representing the oil company, Mr. Joe Wine,
who stated his company could -not legally alter design•of!structure at
Creatwood. Forest entrance as per discussion reported. -in previous meet-
ing of 10-8-62,, and. the signed finalized. minutes dated. 9-11-61. J. B.
Rhodes referred. to said 9-11-61 minutes and. the restrictions imposed.
City Attorney G. C. Ingram stated. the "9-11-61 minutes (read in Council
by G. C. Ingram) represent the action taken by Mayor and Council at that
time and. shall stand as recorded, unless amended if the minutes of
9-11-61 do not speak the truth and. fail to set forth all that took -place
at that me.eting."
Mayor J. B. Ables read in council a letter signed. by attorney J.C.-
Tyler referring to council action on 9-11-61 zoning from R-1 Residential
to C-1 Commercial for a gasoline station, the letter also stating that
legal action may be filed.. Mr. Lindsay, spokesman for Creatwood resi-
dents reminded. council of restrictions called out in reference to
9-11-61 zoning and requested. the property revert to original status of
R-1.
Motion by R. J.. McCurry, second. W. L. Keck, the minutes of
September 11, 1961 be amended. as they do not set forth or show all of
the action taken by Mayor and. Council at that time on the application
of Mr. T. J. Northcutt 'to rezone the subject property from R-1 to C-1
for a service station. This property was rezoned. for such purpose
upon the condition that service station -constructed thereon must be
a ranch type Shell Station of the type and. kind shown on the picture
submitted to Mayor and Council by Mr. Northcutt and that the property
have only one exit,on Creatwood. Trail and that a 40 foot buffer zone
be reserved. on the south side of the property. These cond.itions were
orally agreed. upon between Mr. Northcutt and. Mayor and. Council at the
public hearing"of 9-11-61 and the minutes of that meeting are hereby-
amended. to includ.e the above and, to show these things that took place
at that meeting in view of the fact that Mr. Northcutt now seeks to
ignore these three conditions upon which the property was rezoned which
were a part of his agreement with Mayor and Council. And. further
motioned. City Attorney G. C. Ingram shall proceed. in all legal steps
that may result from council denial of building permit application
dated 10-8-62 for a gasoline station per design and structure submitted.
by Mr. Joe Wine for Swift Oil Company, Inc., that seeks to ignore the
three conditions imposed in the rezoning of that property to C-1 for a
service station. The vote on the motion carried. five to zero, H. Li.
Smith and. J. W. Webb abstaining (not on council 9-11-61).
G. Conley Ingram read in council an excerpt from City of Smyrna
Cbmplrehensive Zoning Ordinance, Page #24, Item #15, referring to amend-
ments and. changes of district boundaries. Action on this came when
J. B. Rhodes motioned. a public hearing be held. to consider if the
subject property, previously rezoned C-1 under certain conditions and
restrictions by Mayor and Council (9-11-61) should. be included. in the
R-1 district adjoining the subject property and. zoned. as-R-1 residential
property. Motion seconded by H. E. Ingram and. voted unanimous.
Amendment to the zoning of above described. property C-1 to R-1,
(northwest entrance, Creatwood Forest, 200' x 2161 depth) was autho-
rized.for advertising in a newspaper of general circulation and. date
set for hearing called. out as November 5,1962.
Mr. Norman E. Brenner, Chairman of the City Civil Service Board.,
submitted. the following applicants to Mayor and. Council for consideration
and selection as Chief of Police, City of Smyrna, based. on examinations
held October 10, 1962:
Mr. Robert L. Drake of
Mr. Gene P. Hicks
Mr. Woodrow C. Holcomb
Shreveport, La.
of Forest Park, Ga.
(Oct._ 159__1962 _- Cont Id. )1 8X
Council accepted and voted unanimous -to,. -accept the.report of
candidates for Chief of Police. and recommended -the -history of above
applicants be turned .over to Chairman. of Police Committee.. Above action
on motion of. H. L. Smith, second. W.. L. Keck.
Mr. Sam R. Whitfield was sworn in... -.as member of City. of Smyrna Merit
Board by Mayor J. B. Ables.
Building permit was approved pending plot plan and -approval of
utilities for a'.coin operated washateria and..dry.cleaning..establish-
ment. located on'.the .west side of Cobb. Package Store and fronting -on Jones -
Shaw Road. Motion by H. L. Smith, second W. L. Keck,, and carried.
Mayor J. B. Ables suggested a. meeting of R. H.. Wood,' W. R. Tapp,
and W. W. Kidd to resolve Attorney Fred Minter's -request -to negotiate
controversial. refund claimed by .Artistic ..OrnamentaL..Iron .Company in
connection.with.their work on Smyrna_Library..building. during 1961.
Motion, H. L. Smith, second R..H.,Wood, the petition -to rezone
(per. advertising -of record) . property on. east_ s.i_de. of South Cobb Drive
for Complete_ Garbage Company for office and .maintenance_..garage was
approved and -rezoned from C-1 to C-2 Commercial.._Mr_....R.. P. Fowler (owner)
was requested to submit plans and application for.building permit. The
motion was voted.unanimous.
On motion of H. L. Smith, seconded by H. E.. Ingram, council accepted
C� petitions, authorized..advertising,. and.set_hearing_.date as November 5,
1962 for rezoning the .following properti.es_per....request of Grady R.
Barnette,.. agent.. of the owner, from R-1_.re_sidential_.to .R-21..multiple unit:
the northwest corner of Powder Springs..and Grady Streetrecorded in the
name of Della Gebauer, and. a tract of land bordering .on.. south. side of
Fleming Street between.Grady and Hughes Streets per..recorded.plat,, Book
No. 3, Page No. 1, of Cobb County records. Action. -on -above voted unani
mous and check" -covering advertising.costs .($70.00)..was received and
deposited.
Signs estimated at $4, 000. 00 for Mr. Do -Nut building were. approved'
subject to inspector's check-out of submitted application.for permit.
Motion by'H..E..Ingram, seconded by H. L. Smith. Carried.
Removal or tear -down of building at.307.North.Atlanta Street, per
inspection report, was requested by council_.to_owner.Mr. W. A. Ward, Jr.
His request. for --thirty days to remove .building_ was approved by Council.
Failure to comply will result. in..condemnation action.
Items No.'10 and 11, sewerage -.Dogwood Circle,', and taps - west. side
outfall line, were deferred on request of W.. L. Keck.
Hensley-& Associates representative,. Mr....Phillip, Sutton,. and Council-
man H. E. 'Ingrain reported on street paving progress, curb.. -and gutter and
backfill operations as of above date.
C4 W. Matthews Contracting Company.request for-letter.of acceptance
of paved streets in Hickory Acres, Unit..No. l,. was_referred.to Street
Department Committee for action on inspection.of completed streets and
letter of acceptance. from City of Smyrna.
H. E..Ingram authorized Mr J. E. David to resolve drainage.with the
W. J. Mackenna Company in area of Mr. W.. C. Griggs' property located in
Argyle Estatss•project.
Amendment of . City of rna Zoning Ordinance. adopted'_by Mayor and
Council was on motion of H. Wood, seconded by W. L..-Keck, accepted on
unanimous vote to amend ction No. 1, Page 7, under.the sub -heading
"trailer use permits". Amended ordinance -reproduced -and made -a -part of
\ the finalized minutes as.follows:
ORDINANCE
Georgia,. Cobb County
Be it ordained by the Mayor and Council of the City of Smyrna and
it is hereby. ordained by authority of the .same . as. follows :
1 84 .(Oct. 15; 1962" .- 'Cont Id. )
Section I of•the City of Smyrna Zoning .Ordinance heretofore adopted
by the Mayor and Council of the City of Smyrna is..hereby...amended on
Page 7 of said Ordinance under the sub -heading, of.. Trailer... Use Permit
by adding the following provisions.on Wage 7.of said Ordinance under
Trailer Use.Permits immediately following the first sentence on said
page:
"Provided, however, that nothi''Ag herein..shall prohibit the
use -by any person resident ifi the City .of a trailer' for
storage.purposes only upon obtaining a permit.therefor
from. ,;the .Mayor and Council of the. City. When..is.sued such
permits shall not entitle the :holder _ther.eof _.to. any' rights
.but 'shall' be permissiveonly and..shall .expire..at: the ex-
piraf'ion'-of. 12 months from date of. issue. unless .sooner
revoked by the Mayor and Council.of the Ci.ty.in their
discr-etion.._ Each applicant for. such .a -permit . shall file
a written' statement _with the City. Clerk .agreeing to the
terms, of the above provisions . prior.. to...and._in .consideration
of the . is.suance of. such permit after. approval ,.of ,same by
Mayor and!. Council. ".
All Ordinances. 'or. parts of Ordinances _.in conflict with this Ordinance
are .hereby repealed.
Verbal" request. from Mrs. E. T. Colbert.,...186._ Bank Street, for
r trailer use permit was granted subject to compliance -of above ordi-
nance for storage of. household appliances and .furniture .fbr, a period
not .to exCeed.,twelve .months from above date. Motion -to issue by
J. B.. Rhodes, second H. L. Smith.
Progress".of.Spring Street relocation survey was reported by
H. E. Ingram.and during discussion a meeting was -scheduled for members
of councih,,' State Highway Division, and Cobb County .officials to be
held at City Hall, Monday October 22,..1962 at.7:00 P.M. Councilman
J. B. Rhodes referred to second phase of survey .- .Love Street and
Concord Road from Atlanta to South Cobb and requested: (a) property
required to - secure 64 foot right-of-way.; (b) property required to
.secure 34 foot roadway excluding curb and gutters.;.. ,(c) _ current map
to State Hig' hw' ay Department; .(d) estimated -materials cost'.for 30-
foot roadway; -(e) councilmen assigned to -secure right. -of -way contracts-
H. L. Smith - and J. W. Webb; (f) Street Committee .:assigned#_to• secure
and report'.in£ormation . on file (Hensley..& Associates.)' as 'result of
prior surveys -for curb and..sidewalks for Concord Road, Ding Springs
to South Cobb intersection.
Councilman J.: B. Rhodes retired. 9:20 P.M.
One item`was_requested as an addition to Mayor and Council
minutes of September, 1962;. R.. J. McCurry motioned to -accept the
minutes as . submitted ..and corr.ected,.. second. by W. L. Keck.
August 1962 financial reports were reviewed and comments
reported by-R. J. McCurry.
Agenda completed - Around the Table,.Councilman":-
., s
(1) J. W. Webb regi.lested action on Lee -dills. sewer. connector.
(2) R. H. Wood authorized to add.two employees for park clean-up
and wages charged.to Park and Recreation Bond Fund. c
(3) R. H. Wood authorized to employ Hensley & Associates.to complete
grade.stakes and other engineering at Lake.Park f.or.$100.00.
(4)._ R. H. Wood -assigned to contact Mrs. Haws regarding Library
landscaping.
(5) W. L. Keck's motion.carr.ied which -reported cost of meter and
service'llines to King-Williams_apartnients.with.c.ity water as
follows:
(Oct. 159. 196Z - Cont'd.) 185
Water lines and connections, Parkway Court to
east -side -.of driveway incl.uding...(2) fire hydrants. $..1, 375.00
(1) only.--3" compound meter and box 800.00
Cost of easements, Parkway Court. (No estimate)
No action recorded relating to_cost,_recovery.,.__or installation
schedule.
(6) Discussed and deferred action. on retainer... of....full... time..city..engineer.
(7) R. J. McCurry referred drainage problem McGahee_'s property on
Highl.and.._Avenue to Street Committee..Chairman.
(8) R. J. Mc Curry's action on sewerage tap -on Maxwell..Easy Shop and
water line and meter to Earl.Black's residence..was. deferred.
(9) Council required -all assigned truck.drivers.on city payroll to secure
public chauffeurs license at Cobb County ...Police.. Headquarters.. .Also
secure _bids for city hall building. repairs as. a result of _damage by
Mack's Transfer Service., . and _ to ...move _engineer t.s.. desk from .. garage area
.to City Hall.
There being no -further.. business, motion was made. -.to adjourn.
1 .
Adjourn: 10:25'P.M.
Next council meetiri. -"November.. 5, .1.962,. 7 :00 P.M.
Mayor: J." Les City Clerk: W. Charles
Council -man: J. B. Rhodes Const. )
Councilman: H;i E. Ingram
(Streets)
Co , Gilman:.. J. O W. Webb
Sanitation)
Councilman: R. H. Wood
( Parks )
CouTf611n.:. R. 'J. ° Mc Curry
(Fin. nd Administr�&tive
Cou . ilman.: IX.-; ith
'(Fire. & Police)
Councilman: W. L. Keck
(water)