11-05-1962 Regular Meeting-1,8 6
November 5, 1962
Pursuant to Charter, a regular meeting of Mayor and Council was held at City
Hall on November 5, 1962 at 7:00 o'clock P.M. Mayor J. B. Ables presided, all
council members present. J. B. Rhodes was absent during first half of meeting, and
R. J. McCurry retired at 9:45 P.M.
In the first order of business, V. J. Gilliland spoke in council protesting
proposed widening of Spring Street. by reason of traffic and noise and requested council
to consider alternate routes.
Mr. Grady R. Barnette presented plat.., layout, slides and an artist drawing of
proposed eight -unit apartment. building and r_equested.approval..for R-2 zoning of the
Della Gebauer property at .northwest corner. of Powder Springs .and .Grady Street. Signed
petitions opposing .the multi-unit..dwellings were submitted and four spokesmen represent-
ing the thirty people present c alled..out objections such as:- devaluation, parking
and delivery vehicles, lot size and the creation of .an over -crowded area. Mayor J. B.
Ables recommended the petition be denied by reason of the objections stated. Councilman
R. H. Wood motioned the.request to,rezone'R-1 to R-2 be. denied.. Seconded by H. E.
Ingram and voted unanimous.
Mr.•Grady R. Barnette withdrew his petition to zone from R 1 to R-2 the property
on Fleming Street betwe.en.Hughes and.Grady Streets for an apartment project as above.
On motion by R. J. McCurry, second -by W. L. Keck., council accepted petition
of Mr. Grady R. Barnette, authorized advertising and set.December.3, 1962 as the hearing
date to rezone the,E. E. Branch property, 382.Church Street.(3.1 acres) from R-1
Residential to R-2 Multiple Dwelling... Motion.carried... MEMO: (HEARING DATE CHANCED TO
12-17-62 BY REASON„OF DELAYS.)
ZONING HEARING - CREATWOOD FOREST ENTRANCE, per the recorded motion of city
council dated 10-1 - 2 and publication in newspaper of general_ circulation dated 10-18
and 10-25-62. Mayor J. B. Ables.c unmented.on Restraining -Order filed by Southgate
Plaza, Inc., which. called .out.November. 5, 1962 at 2:00 o'clock P.M. for hearing in
Judge Albert J. Henderson's court.. Hearing postponed pending action of Mayor and Council
in meeting at City,Hall at,7.00, P.M..same date. John C.. Tyler, attorney for the petitioner,
Thomas J. Northcutt, submitted.his.written petition.in.council objecting to the pro-
posed rezoning of northwest .corner..of Creatwood Forest entrance and commented on the
recorded action on the subject.property..by Mayor. and. Council. ,per 9-11-61 minutes.
Mr. Tyler further stated, "A mandamus..suit..was.filed for.my client in the Cobb County
Courthouse at 5:00 o'clock P.M. November 5, 1962 and hearing -date. set for November 21,
1962.11
During discussion around the table., Councilman H. E. Ingram reported and
motioned as follows:- "In.September, 1961, a public hearing.was held to hear the
application on zoning this parcel of property from R-1 to C-1. It was evident that
the citizens in the area did not want a C-1 zoning since this was in a residential
zone. In an attempt to work out a compromise_,. the property was zoned from R-1 to C-1
upon the express conditions that Mr.. Tom Northcutt would -build the Ranch Type Service
Station, a picture.of which.was submitted.to Mayor and..Council, and have only one (1)
exit on Creatwood _Trail, along. with a_.40' buffer. zone.. Mr. Northcutt agreed to these
conditions if the property was toned.
"During this.adminis.tration, early in_1962, Mr. Tom Northcutt appeared at a
council meeting and requested that some of these provisions be lifted, such as the
exits which had been stipulated in the zoning.. This is a matter of record per
finalized minutes of.the city council. It would appear to me he was well aware of
these restrictions since he.appeared and requested that they be changed.
"It is also apparent that. -Mr. Northcutt's plans did not go through as he had
planned. Mr. Tom Northcutt. -now take.s.the_position that he.wants to sell the property
as C -1 property with no restrictions and.claims.this right. We take the position
that Mr._Northcutt has.not.kept his promise to.abide by the.restrictions which were
set when the property.was zoned, he is not keeping his promise to the citizens in
Creatwood Subdivision, or Mayor and Council,
"I therefore move 'that.the property in question now owned by Southgate
Plaza, Inc. as shown on the plat plan of Creatwood.Forest Subdivision, Section 1,
Unit 1, as recorded in Plat Book 21, Page 40, Cobb -County Records, be returned to
its original zoning of R-1. from. C-1., . and further.,. since property in. the City of
Smyrna which adjoins this subject property is already zoned.R-1 and the neighborhood
is residential under the.city's comprehensive zoning plan,.and for the reasons set
forth above."Motion seconded by R. J. McCurry and voted unanimous.
Mr. T. J. Northcutt commented briefly regarding.original action of 9-11-61
minutes:- that he could not commit Shell Oil Company to build ranch type service
station, that Shell Oil would not consider revised lay -out, buffer acne, or one exit
on Creatwood Trail and further that he never broke any promises to the residents of
November 5, 1962 (Cont'd.) 1871,
Creatwood Subdivision, the citizens of Smyrna or Mayor and Council.
The petition of Fred J. Brown, Jr., 700 Lee Street, for annexation as R-1
property to the corporate limits of the City was withheld pending committee report
on survey, existing codes and extension of city services.
A bid was opened from J. E. Lovern Construction Company covering labor and
materials to construct retaining walls on Powder Springs Street from plans and design
submitted by consultant engineer and conforming with State Highway specifications.
Total bid - Powder Springs Street Improvement ---- 4,360.80.
Motion by H. E. Ingram, second..by H. L. Smith to accept the bid of J. E. Lovern
in the amount of $ 4,360..80. Motion carried. MEMO: The above bid was the only
one received and opened and attached thereto was 5% bidder's bond and 100% performance
bond signed by Travelers Indemnity Company.
Council listened to Mr. J. Y. Wootton regarding sanitary sewer connector
installed and under carport cement paving at 387 Bank Street.. No statements were
reported referring.to.circumstances regarding.installation of.the line or the building
structure thereon.. Mr. Wootton claimed.F.H.A. vdll not approve sale of property by
reason of the above. Motion, H. E. Ingram, "City of Smyrna agrees that in the event
it ever becomes necessary to replace or repair.existing sanitary sewer line installed
under the carport paving at 387 Bank Street, the city will relocate and install a
.A new connector line provided that.the owner (J. Y. Wootton),will prepare and submit a
t- recorded easement granting to the City. of Smyrna a construction easement and a
permanent sewer.line'easement ten feet in.width in.a westerly direction from the
existing connector line on the property at 387 Bank Street." Motion seconded by
W. L. Keck and voted unanimous.
Councilman H. E..Ingram and Phillip Sutton of Hensley and Associates commented
on Street Improvement progress as follows:-
(1) Request second alternate survey on Spring Street relocation connecting
in the area of Spring and C ampbell'Road intersection.
(2) Curb and gutter installation on all approved contracts to be completed
November 9, 1962.
(3) Acceptance of revised unit costs, binder, topping and manhole adjustments -
Sam Finley contract covering Increment No. 4.
(4) All miscellaneous and additional contracts,'repairs, etc. regarding the'
paving program,. shall..be held in abeyance. so that resurfacing of streets
shall proceed on schedule.
On H. E. Ingram's motion; second by H. L. Smith, council extended the Sam Finley
paving contract to include .Increment No. 4 at the revised .and accepted unit costs.
On unanimous vote the city council authorized immediate cut-off of sewerage
services to the commercial building on South Cobb Drive which establishment houses
a business known as Mazwell's Easy Shop in the north side and a vacant coin operated
laundry on the south side. Motion by R. J. McCurry calls out discontinuance,of
services until both tap-ons are paid in full as per agreement and in accordance with
city ordinances. Motion seconded by J. W. Webb. MEMO: The first tap -on requested
for laundry in June, 1960. The second tap, October, 1962, is in violation of city
plumbing code.
Council authorized City Hall to proceed by legal means -in the collection of
signed note by Mr. Earl Black covering.waterlines and meter installation on the
property owned by Mr. Black on North Avenue. Motion, R. J. McCurry, second by W."L.
Keck. Motion carried.
For information. purposes, R. J. McCurry reported on unlicensed solicitors
selling and installing inter-com systems in residential areas of the city. Also
reported by Mr. McCurry, the new type water bills mailed November 1, 1962. Council
requested cumulative report covering additional cost of the improvement.
At the time of development of the J. L. Tatum property on Pinehurst Circle,
approximately eight lots were not improved by reason the.east curvature area was too
low for public sewerage. Motion .by H...E. Ingram, "We permit and authorize installation
of septic tanks on five improved..lots (the area originally subdivided into eight
lots) provided the developer submits revised plat .of the five lots involved including
the results of percolator tests on subdivided lots of 2P,000 or more square feet per
lot."' On second by R. J. McCurry, the motion carried.
1 8'8 November 5, 1962 (Cont'd.)
On the recommendation of Police Committee .and_the motion by H. L. Smith,
Mr. Robert Lee Drake of Shreveport, Louisiana, was employed by the City of Smyrna
as Chief of Police, effective on the date Mr. Drake can arrange his move to Smyrna.
Motion seconded by.W. L. Keck and voted unanimous.
R. J. McCurry retired - 9:55 P.M.
J. B. Rhodes present - 9:45 P.M.
Council did not act on Mr. G. R. Barnette's request to reconsider changing
apartment projects in Ward No. 3 from eight units to four units.
Lee Wills.Street sewer connector was.. again brought up and council discussed
the estimated cost,.$1,800..00, tap fees, and.free tap-ons in lieu of easements
granted. Mayor J.. B. Ables announced he would contact property owners. J. B.
Rhodes motioned.the-city would install.the sewer line, bore under the street, and
absorb all costs in excess 'of the. $200..00 tap -on fees. Motion was seconded by H. E.
Ingram and the vote carried.
W. L. Keck motioned to proceed with Lee Street, Dogwood Circle sewer project
and let f6x bids subsequent to receipt of,engineering plats, profile and cost of
improvement including street. resurfacing. J. B. Rhodes seconded the motion. Voted
unanimous.
Total cost of King -Williams -water main, line, fittings and fire
hydrant ---------------------------------------- $ 12314.84
Materials cost -absorbed by City - 50%----------- 657.42
Cost of 3" water meter and, .installation ------- --- 800.00
Total Cost - King Williams Land Company------- $ 1,457.42
Above cost, per W. L. Keck accepted by Mr. Q. S. King and said acceptance rescinds
all other -or previous. action of..Mayor and -Council relating to cost figures submitted
or estimates given in.connection.with waterlines and meter installation in the above
named project. Above recorded as a motion by W. L. Keck, second by J. B. Rhodes
and voted unanimous.
Motion by R. H. Wood, "Parks Committee is hereby authorized to negotiate
and accept bid for added seats. at Cobb Park.not to exceed $1,100.00." Second by
J. B. Rhodes and.voted.unanimous. ...(MEMO: -Chas. J. Thomas estimate - $1,100.00.)
Motion by R. H. Wood, second by H. L. Smith as follows:- We annex into the
corporate limits of the City of Smyrna a parcel of'land known as Lake Park and
previously purchased by.the City., said parcel in the area of Lake Drive and Lake
Court in the 17th District., 2nd Section; Lot No. 6, Lot No. 7 and part of Lot No. 8
in Landlot No. 411 and.the property per plat located in Landlots 381 and 382, Cobb
County, Georgia. Motion to annex carried.
Motion by H. L. Smith, seconded by H. E. Ingram to zone the above described
property for public park and recreational -facilities and set date for hearing at
December 3, 1962 at 7:00 .o'clock P.M. Voted unanimous.
In other action the city council. -
(a) Rejected request (R. H. Wood's -recommendation) to pay Artistic'
Ornamental .Iron Company ($75.00) they claimed for added work on
Library anchor bolts, etc.
•(b) Granted building -permit for medical building addition based on
check-out by the City Inspector J. A. Bailey and further, to with-
hold permit pending change in specifications calling out a four
foot sidewalk across ..th6 area improved 'on 'Cherokee Road. Motion
by H. E. Ingram, carried.
(c) Complaints regarding extra trash pick-up and current policy were
referred to Sanitary Committee for study and recommendation.
(d) Council agreed to install two-inch water line to new laundry and dry
cleaning plant on Jones -Shaw Road; this line to be replaced by six-inch
if reported unsatisfactory. Also to collect $200.00 sewer tap fee for
connection to existing facility -at rear of.Big Apple Market, and further
to waive sidewalk..on the.property fronting.on Jones -Shaw Road. Motion
by H. E..Ingram, second by W. L. Keck, carried.
(November 5, 1962 - Cont'd.) 1 8 9
(e) There was no council action regarding a neighborhood complaint regarding
a dog problem in area of dills Street.
Mayor J. B. Ables motioned to recess.
Recess 11:20 P.M.
To November 12, 1962 at 7:00 o'clock P.M.
November 12, 1962
Continued meeting..of Mayor and.Council was held at City Hall and called to
order at 7:00 o'clock P.M. by presiding officer, Mayor J. B. Ables. Council
members present:- H. E. Ingram, H...L. Smith, J. W. Webb, J. B. Rhodes, and R. H.
Wood. Absent:- W. L. Keck and R. J. McCurry.
The rear yard drainage..complaint.of Murray L. Daniel, 467 Oakview Drive,
^� was resolved as.follows:- Motion by.H. L. Smith, City to correct drainage of
:Q surface water by installation of adequate drain pipe (used.pipe) pending receipt
t_ of properly signed easement to allow said installation on private property.
On H. E. Ingram's.second., the motion carried.
Mr. R. B. Williams requested information covering a used car lot located on
150 feet of honed property on.South.Cobb Drive north of Smyrna Brake and Alignment
Shop with a small office or trailer thereon. Council authorized plans and speci-
fications of the building shall.be .submitted and cleared through Mr. J. A. Bailey
(Building Inspector) and in keeping with other.structures in the neighborhood.
MEMO: - Water and sewerage was mentioned but not resolved.
Water service lines for two homes (D. T. Roebuck, owner) in area of,Hickory
Acres, adjacent to Smyrna City.Limits, was. referred to Mr. J. E. David for check
out, cost estimate and/or installation.
Council listened to statements from Mr. Jack McNeil attorney, Mr. John J.
Jo#nson, vice-president and Mr.. 0. B. Johns, personnel director of the U. S. Supply
Corporation. Their appearanc.e . zresulted from arrest of their representative, Mr.
John Harkins, on three charges to.be.heard in Recorder's Court November 20, 1962..
Discussion hinged.mostly on the business (type, approach or contract) and Mayor
J. B. Ables requested discontinuance.of all sales and contracts pending written
request for City Occupation License Tax addressed to City of Smyrna Business License
Committee.
The following agenda items deferred from November 5, 1962 meeting to above
date; the City Council:-
(1) Reported crosswalk.at South Cobb Drive and Concord Road completed.
(2) Reported Smyrna Master .Plan.in.process of up -dating.
(3) Reported Urban Renewal -representatives were due at City Hall to
check Smyrna areas.and.to submit all forms fbr preparation, submission
of facts and completectreport based on subject fzequest.
(4) Deferred "Six Months" operations budget.
- (5) Approved mailing second half 1962 tax .bills November 8, 1962.
(6) Approved mailing invoice to. recover cost of curb on east side of
Pinecrest.Circle to Hensley & Associates, Inc.
(7) Approved final payment on 1957 fire truck note in advance of 1963
due.date.
(8) Held in abeyance permit to move building on Powder Springs to South
Cobb Drive pending proper request.and observance. of existing ordinances.
(9) Requested follow-up on sewer taps -per ordinance at 210 and 230 Hawthorne
Avenue.
(10) Requested all council members -and department heads to assist in
contributions, supported by signed application cards to meet the $200.00