04-04-1966 Regular Meeting174
APRIL 4, 1966
The regular meeting of Mayor and Council was held pursuant
to the Charter April 4, 1966 and called to order at City Hall;
Smyrna, Georgia, at 7:30 o'clock P. M. Mayor G. W. Kreeger pre-
sided with all council members and department heads present.
In the first order of business, the Council approved one lot
in Rolling View Acres per plat of record which showed 78' frontage
and 149' in depth. On motion by J. B. Ables, seconded by C. W.
Armour, the minimum requirements of 801 x 1501 were waived for the
lot in question on the basis of a signed sales contract submitted.
Zoning Hearings
1. Approximately twenty citizens were present in connection
with the petition to rezone three acres of the Peeler property on
Church Street for a mortuary. Mr. J. M. Roberts submitted a
petition signed by thirty-one citizens in opposition, all living
in the area of Flagler, Church, Rita Way and Clifton Street. Mr.
W. B. Sanders was spokesman for the rezoning and presented plats
showing the existing zoning in the area. The opponents called
out the usual problems; sewerage, traffic, devaluation and spot
zoning. During further discussions which included council membersf
opinions, J. B. Ables motioned the property be rezoned from R-1
Residential to C-2 Commercial, Restricted, for mortuary only. The- Y
motion seconded by D. L. Mixon, lost on a vote of four to three.
Voting for the motion to rezone, J. B. Ables, D. L. Mixon, B. F.
Stewart. Voting against, R. H. Wood, C. W. Armour, Homer Kuhl
and J. C. Porterfield.
2. The petition of E. A. Reeves to rezone property at rear
of Church Street Parr came up for hearing. The petition called out
a parcel of land 1.9 acres lying between the Church Street Park
property and the Sanders Funeral Home property and requested the
zoning be changed from R-1 to C-1 Commercial.
No petition was submitted in opposition; however, several
citizens requested information as to the location of the parcel of
land. A motion was made by R. H. Wood, seconded by B. F. Stewart,
to deny the applicantts petition for rezoning to C-1 Commercial.
Motion to deny lost on a vote of two to five. Voting for the
motion R. H. Wood and B. F. Stewart. Voting against the motion,
J. C. Porterfield, C. W. Armour, J. B. Ables, D. L. Mixon and
Homer Kuhl. Motion by J. B. Ables to rezone the property based
on the petitioner's advertised request from R-1 to C-1 Commercial
area was passed on a five to two vote, J. C. Porterfield seconded
the motion. Voting against the motion R. H. Wood and B. F. Stewart.
3. Item four called out a hearing to rezone a parcel of land
located at the west end of Fleming Street from R-1 to R-2 Restricted.
Mr. E. A. Reeves, owner, withdrew the petition.
Council accepted on C. W. Armour's motion the petition to
rezone Ed. W. Tinsleyts property on Gilbert Street from R-1 to C-1
and set the date for hearing for May 2, 1966. The motion carried.
May 2, 1966 was set as the date for hearing the petition of
Harvey Hoff and Dr. H. M. Sigal to rezone a lot on the east right-
of-way of So. Cobb Drive from R-1 to C-1. Motion by J. C. Porter-
field, seconded by B. F. Stewart, motion carried.
Building Permits:
1. Council approved a trailer permit to be used for office
purposes only on lot #50 in Franklin Heights development.
2. Council approved on recommendation of the building in-
spector the issuance of a building permit covering 52 apartment
units in LL 634 on motion by J. B. Ables, seconded by C. W. Armour,
and voted unanimous. MEMO: Installation of sewerage to the City
sanitary facility and 7=station if required to be borne by the
developer.
175
(Continuation of April 4, 1966 Meeting)
3. Approved the issuance of a building permit for a �4' x 601
addition to the J. C. Thomas building at 649 No. Atlanta Street.
Motion by J. C. Porterfield, seconded by R. H. Wood, and voted
unanimous.
4. On the question raised by Councilman J. B. Ables with reference
to the Gulf Oil Company bill board sign on the east right-of-way
of So. Cobb Drive next south from the Gulf Oil Station, this
matter was referred to the police committee for a determination
regarding the 6I6an up of the premises. (See 3-31-66 Minutes)
5. The council voted unanimous on J. C. Porterfield+s motion
to waive the 1958 Ordinance which refers to moving houses or other
structures into the City limits of Smyrna. The motion stipulates
the issuance of a permit to Mr. Mark Turner to move three houses
from the Spring Road widening project to three lots of record on
Anderson Circle. The motion further calls out requirements that
all City codes, ordinances and regulations in connection with the
above stated action must be met within thirty working days from
day structures are moved and placed on Anderson Circle. Motion
seconded by C. W. Armour.
Under Agenda Item No. 8, employee income protection insurance,
_.Councilman J. B. Ables led a discussion and introduced Mr. Fred
Gillespie who explained the coverage and answered all questions
relating to on-the-job accidents and/or loss of time due to
sickness. In further discussion the Council a reed to accept the
coverage at the estimated cost to the City of 180.00 per month,
effective and included in the fiscal budget beginning July 1,
1966. The above on motion J. B. Ables, seconded by Homer Kuhl.
Travelers Insurance Company submitted the best bid.
City Attorney, Berl T. Tate, reported on the status of the
Spring Road prigject (SUS 1383-1) and stated that all petitions
regarding condemnation had been filed and status report submitted
to the highway department and further stated that all structures
such as dwellings, garages, green houses, sheds, fences, etc. on
the right-of-way must be cleared prior to letting for construction
bids. In this connection, a motion was made by J. C. Porterfield
that this Council declare all structures within the right-of-way
of the Spring Road project be and are hereby declared surplus and
salable to the highest bidder. Motion seconded by R. H. Wood and
voted unanimous.
The ordinance for the installation and operation of a community
antenna.television service as submitted by Electrovision, Inc. was
distributed in Council by committee chairman C. W. Armour. The
ordinance granting non-exclusive right to erect and maintain in the
City of Smyrna, additions thereto, for al -period of twenty years
was on motion by C. W. Armour adopted as submitted. Copy of said
ordinance made a part of the above dated minutes and attached
hereto. Motion seconded by Horner Kuhl and voted unanimous.
The -Council authorized City Engineer to submit detailed cost
of sanitary sewer from the east side of So. Cobb to a proposed
furniture store on the west side of So. Cobb and north of Phillips
66 Service Station, and further to secure in writing a proposal
from the Hess Oil Company to share in the cost of sewerage in
stallation on the west side of So. Cobb Drive at the intersection
of Concord Road.
Council agreed to accept a sewer easement that would tie
Deerwood Subdivision to Bennett Woods Unit 4 and 5 provided there
will be no interference with proposed streets, curbs, utility
lines or lots in Unit 4 and 5. It was suggested that follow-up
meetings be held to firm up the above agreement including City
water facilities in Deerwood.
The Mayor and Council discussed an Amendment to section 4-A
of the 1965 House Bill covering state grants to municipalities.
The Amendment calls out the requirements and the compliance covering
submitted audits of expenditures from said grants to the State
Auditor. The Amendment provides for comparison by the State
Auditor the amount of funds disbursed against the amount of funds
176
(Continuation of April 4, 10.66 Meeting)
expended during the fiscal period, and further provides for the
withholding of funds under certain conditions.
The Council on J. B. Ablest motion which passed, adopted
as corrected the submitted minutes of March 7, March 15 and
March 21, 1966:
Under committee reports, Councilman R. H. Wood reported
that sewerage lines on three lots in Franklin Heights subdivision
shall be moved to the center of the street at the developerts
cost. The City to issue quit claim deeds releasing the easement
of record. The above on motion by R. H. Wood, second by D. L.
Mixon, and voted unanimous.
Mayor G. W. Kreeger appointed the following committee to
study and report on acreage and current market values of City
property on So. Cobb Drive; J. B. Ables, chariman, R. H. Wood and
J. C. Porterfield.
In final action:
The Courr it heard the report that improved water facilities
on So. Cobb Drive would be assigned first priority per Councilman
Homer Kuhlfs meeting with commission chairman Mr. Ernest Barrett.
This report in connection with proposed widening.
On motion by J. C. Porterfield, seconded by C. W. Armour,
the Council adopted state hgihway resolution covering acquisition
and clearance of right-of-way (SUS 1383-1) with control of .future
encroachments and regulation'of vehicular traffic on the Spring
Road construction project within the corporate limits of the
City of Smyrna. This resolution in effect through the period of
acceptance of the Spring Road project by the State Highway Depart-
ment and Bureau of Public Roads.
On motion by Homer Kuhl, seconded by R. H. Wood, an agreement
was approved by the Mayor and Council of the C i ty of Smyrna to
main\fla1h , the Spring Road improvement after completion.
Prior to adjournment, Councilman Homer Kuhl made a motion
for rezoning the Church Street Park area from R�1 to C-1. The
motion died from lack of a second.
There being no further business, the meeting adjourned at
10:25 P. M.
Next meeting April 18, 1966.
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APRIL 18, 1966
The mid -month meeting of Mayor and Council was held at City
Hall April 18, 1966. Mayor G. W. Kreeger presided and called the
meeting to order at 7:30 P. M. with all Council members present
except Councilman Homer Kuhl. Department heads, City attorney,
consultant engineer and building inspector were present.
In the first order of business Mr. Arthur Bowick of Sanders-
castellaw Funeral Home and Mr. J. M. Roberts, representing the
citizens, discussed the property on Church Street (H. A. Peeler)
in the interest of reclassifying the Comprehensive Zoning Ordinance
by deleting -mortuaries called out under the Ordinance as C-2 Central
Commercial District. Mr. Bowick further requested that a hearing
date be set to amend the zoning ordinance and further that a land
use permit be issued subject to restrictions approved by ?Mayor and
Council. Mr. J. M. Roberts offered no objection in connection
with the restrictions. On motion by R. H. Wood, seconded by C.W.