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05-02-1966 Regular MeetingMAY 20 1966 A regular meeting of the Mayor and Council was held pursuant to the Charter at City Hall, Smyrna, Georgia, May 21, 1966 at 7:30 o'clock P. M. Mayor G. W. Kreeger presided and all Council Members present, also Department Heads, Building Inspector and City Attorney., In the first order of business, two citizens, Billy Stephens and Woodward Houston reported surface water on Old Concord Road was directed on their property to an open ditch. Council reminded the citizens of a policy which prevents the City from.performing arV corrective drainage work on private property; however, it was agreed that the City would extend the drainage ditch provided the citizens would purchase the,drain pipe. A petition was presented in Council by Mr. Frank Lee and Mr. D. H. Motter with reference to previous action of Council permitting.three houses to be moved from the Spring Street widening project to the south end of Anderson Circle claiming the houses to be of sub -standard construction and the lots below the minimum square footage standards. On motion by J. B. Ables, seconded by R. H. Wood, the prior permit to move the houses (see April Minutes) was held in abeyance pending investigation of a citizens committee of three plus councilman J. B. Ables and C. W. Armour to check out with Mr. Marcus Turner and determine if the houses called out would be detrimental to the area. The motion carried. MEMO: The minutes of April called out three houses to be moved from Spring Road right-of-way to Anderson Circle and is hereby corrected to read two houses. Mr. Anderson of 356 Roswell Street reported that teenagers were using Whitfield Park as a base ball field and running over neighborhood gardens. Referred by Mayor G. W. Kreeger to Parks and Police Committees. In the same area a complaint was heard referring to dogs running in packs. Referred to the p6lice committee -for action. No opposition appeared in connection with the hearing for issuance of a land use permit for a beauty parlor in the commercial building of Dr. R. D. Weber on Cherokee Road. Council granted the petitioner to rezone the lower level of the structure from District "C" to C-1 commmercial--beauty parlor, restricted. Motion by J. B..Ables, second D. L. Mixon, and voted unanimous. The Council approved the zoning of a parcel of land on the east right-of- way of South Cobb Drive from R-1 to C-1 commercial and restricted the land for professional or office building only. The application was submitted by Mr. Harvey Hoff and Dr. H. M. Sigal and covers a parcel of land in LL 378 known as Lot 1, Block B, Unit 4 of the Cheney Woods subdivision. The zoning which came on motion by J. C. Porterfield, second R. H. Wood, was voted unanimous. The discussion regarding the rezoning of the -Ed Tinsley property on Gilbert Street resulted in a motion to deny the application by Homer Kuhl which was sub- sequently withdrawn pending a recess to determine the feasibility of the applicants petition to rezone from R-1 to C-1 commercial a tract of land approximately 2101 x 3601 on the west rightr-of-way of Gilbert Street to the L. & N. Railroad right-of-way. The final action came on motion by C. W. Armour as follows: The property shall be zoned -as C-1 Commercial area (with issuance of a permit to build a 401 x 601 upholstery and decorating shop) covering the entire area per advertised petition with the exception of a,buffer strip along the 210.1 frontage on Gilbert Street to a depth of 501 and to be known as a buffer zone and recorded on all zoning maps as District "C". Motion seconded by Homer Kuhl and voted unanimous. The proposed amendment to the comprehensive zoning ordinance deleting undertaking and mortuary parlors from C-2 classification to R-1 classification came up for hearing as advertised. A discussion period of one hour or more involving Mayor, Councilmen, citizens and former Councilman R. J. McCurry, resulted in action by the Mayor declaring the hearing out of order on the basis that the time limitation called out in the comprehensive zoning ordinance had not been met. The prior action of Council-of"April 4.. 1966-set the date for hearing on the proposed amendment at,May 2, 1966, equal to an elapsed time of fourteen days. Mr. J. M. Roberts, spokesman for the citizens, presented a report which called out objections and eleven restrictions covering the land and structures at 501 Church Street. Mr, W. B. Sanders presented a petition together with a check for $50.00 to cover his request for a hearing to rezone the 501 Church Street property to commercial district C-2. The Council set the hearing date at May 240 1966, 7:30 P. M. 181 (Continuation of May 2., 1966 Meeting) The petition of Mr. J. A. Anderson., Atlanta., Georgia., represented by ,Garvis L. Sams ., .requested the rezoning of a tract of land in LL ..777 and 778 from R-1 to R-2 duplex structures, restricted. The date June 6, 19660 7:30 P. M. was set for the hearing on motion by C. W. Armour., second Homer Kuhl., and voted unanimous. NOTE: The property joins the City of Smyrna at the lot line of Jonquil Par=and is adjacent to LL 808 and 809 previously zoned by Cobb County for apartments and duplexes. Also set for hearing on June 6, 1966 was the petition for rezoning the H. M. Christian property on Whitfield Street from R-1 to R-2 multiple family dwellings, restricted. Motion by Homer Kuhl, second D. L. Mixon. Two applications for retail malt beverage licenses submitted by Johnny Reb Food Stores, Inc. with locations at 2821 So. Cobb Drive and 941 Cherokee Road came up for Council action. Chairman of the privilege license committee., D. L. Mixon,, reported his committee met and -recommended the issuance of malt ,beverage license at both stores bedenied. On the recommendation, Councilman J. C. Porterfield motioned retail malt beverage license at the Johnny Reb Food Stores mentioned above be and is hereby denied. Motion seconded by D. L. Mixon and voted unanimous. . The report on Deerwood Subdivision annexation, sewerage and water was deferred to May 3, 1966 at which time a meeting was scheduled with -Mr. Q. S. King, President of King -Williams Land Compar;y. The request of Mr. Robert F. Davie to install sewerage from the Regency Apartments on Roswell Street in Cobb County to the existing City facility located at the intersection of Roswell and Hawthorne.'a distance of 2,000 feet more or lessA was rejected by the Mayor and Council. The petitioner suggested annexation into the corporate limits could be possible through a Cobb County easement on the south right-of-way of Roswell Street and further suggested the cost of the sewer system and lift station would be borne by the developer. A report was submitted in Council by .City Engineer,, J. E.,,David' covering proposed sewer taps in the area of Forest at Pinetree on thebasis .of $250 per tap -on per approved contract by Mayor and Council of 1965. The Council deferred any action on this. Building Permits 1. An addition to - Tillman Church was on recommendation, by thebuilding inspector approved by Council on J. B. Ablest motion., second by J. C. Porterfield. 2. Approved on unanimous vote one sign on the east right-of-way of South Cobb Drive for the Church of Christ. Motion by J. C. Porterfield. 3. Denied the application of Pressley Insurance Agency for one sign 41 x lot to be located on a parcel of land south of the old bus terminal. It was brought out that the erection of this sign was not in compliance with Section #24 of the existing ordinance. Above on motion Homer.Kuhl seconded by D. L. Mixon and voted unanimous. A motion by Homer Kuhl' seconded by B. F. Stewart, denied the request of Paul J. Brown concerning the submission of a letter from the City of Smyrna to the Cobb County Planning and Zoning Board stating that the City of Sryrna Would agree on annexation and sewerage provided the Cobb County Zoning Board zoned the property (Horace Poss) for apartment structures. D. L. Mixon voting against the motion. Councilman J. B. Ables reported on employee income protection insurance stating the cost to the City.equals $199.50 per month covering 68 City employees. This item of cost to be budgeted and pro -rated by departments., and effective July 1. 1966. The Council approved journal and accounting entries in the City books of record -with reference to ary and all checks issued from the Street Improve- ment Bond Funds during 1965 covering road resurfacing and road maintenance and payable from state grant to municipalities. This action approved pending receipt of the state grant check and/or amendments.to.the law., V 182 (Continuation of May 2p 1966 Meeting) A motion by B. F. Stewart which carried authorizes the securance of bids for the erection, operation and maintenance for one traffic signal at the intersection of South Cobb Drive and McCauley Street in the City of Smyrna. The Council voted unanimous on J. B. Ablest motion to secure bids for the paving of % a unimproved section of Stephens Street with alternate bids covering 24 inch curb and gutter. Council approved on a motion by C. W. Armour and seconded by D. L. Mixon to purchase a new hoist for sanitation truck #3 at the estimated cost of $825.00. This action resulted from the stated cost of repair to the present equipment in the amount of $437.00. It was agreed by Council that the extension of the Spring Street sewer line to Ray Newton's apartment project -shall be further extended to the inter- section of Spring Street and Bell Drive. Bids for this project to be secured by J. E. David. In final action., the Council authorized the Mayor and Clerk of Ue City of Smyrna to sign a resolution and application for state assistance covering study and installation of sewerage facilities and known as Public Law No. 660. There being no further business., a motion was made to adjourn at 11:30 P. M. Next meeting May 1.6, 1966, 7:30 P.M. .Hearing date May 24., 1966, 7:30 P. M. - W. B. Sanders property.. 501 Church Street. n MAY. 16, 1966 The mid -month meeting of the Mayor and Council was held at City Hall, Smyrna, Georgia, May 26, 1966 at 7:30 o'clock P. M. Mayor G. W. Kreeger presided...all Councilmen and Department Heads were present. The first order of business was the scheduled hearing to consider rezoning the property of Mr. Jack Herndon and Mrs. Georgia A. Richards.,.Powder,z. Springs Street, from R-1 to R-2 Residential, Apartment Project Restricted. Nine citizens were present in opposition to the proposed rezoning and voiced the usual complaints. .Mr. H. H. Blevins spokesman for the petitioners pre- sented drawings of the property., approximately three acres more or -less, and - stated they would build a total of Sit units. In the discussion regarding the acreage and number of units a motion was made by Councilman J. B. Ables to rezone the property from R-1 to R-2. The motion died for lack of a second. In -further discussion.. Councilman J. C. Porterfield motioned the application for rezoning of the above described property be denied. on a second from R. H. Wood the motion carried. J. B. Ables voting against. - The following petitions for rezoning came up°for acceptance and the hearing dates set as follows: Petitioner B. F. Reed.. Est M.H. McCullough Nick P. Kellis R. H. Chapman Location Stephens St Hawthorne St Hawthorne St Smyrna -Powder Springs St Zoning Hearing Present Requ" ester Date R-1 to R-2 6-20-66 R-1 to C 6-20-66 R-1 to C 6-20-66 R-1 • to R-2 6-20-66 Hearing dates were set on motions by C. W. Armour, Homer Kuhl and D. L. Mixon.