06-06-1966 Regular Meeting186
J'UNE 6, 1966
The regular meeting of Ma or and Council scheduled by Charter
was held at City Hall June 6, 1966 and called to order at 7:30 P.M.
by Mayor Pro Tem J. B. Ables. All Council Members were present,
also City Attorney, Inspectors and Department Heads. Mayor G. W.
Kreegor absent, on scheduled vacation.
In the first order of business City Attorney Berl T. Tate was
authorized to write a letter addressed to Mr. Don Bridges to remove
one construction shacl¢ located on an unimproved lot on Spring Drive.
This action based on report of Mr. Sam Anderson of 150 Spring Drive.
A petition was submitted and read in Council by Mr. Richard E.
McDaniel regarding a home located at 701 Benmac Road and used for
the operation of a business by Virginia N. White. The petition
stated the residence was being used as a basis for the delivery
of raw materials for the purpose of making draperies, cornice
boards and other upholstery work. The complaint further states
that the person, Mrs. White, was fined $53.00 in 1965 for the
same offense, said fine suspended on the promise to refrain from
the above stated business. Mayor Pro Tem J. B. Ables referred this
matter to the police department for surveilance and report.
Citizen J. M. Roberts protested in Council increase in the
1966 swimming pool admission rates claiming that the City did not
lose revenues in the past years. Councilman J. C. Porterfield
stated the increase in admission rates was hinged on agreed salary
and wage increases to pool workers with two years or more seniority.
Motion by J. C. Porterfield, this Council approve the increase of
swimming pool admission fees from fifteen cents twenty-five cents
for children and from twenty-five cents to fifty cents for adults.
The motion seconded by Homer Kuhl and voted unanimous.
A question came up before Council in connection with the
Ordinance requiring sewer tap ons within the six months limitation
of time where sewerage is available. Citizen Harold E. Smith of
Flagler Circle questioned the Ordinance and the reason why the
Sanders-Castellaw Funeral Home did n6t comply with the Ordinance.
The Council was in agreement that the shallow trunk line in Concord
Road was not sufficient reason to withhold tap on and recommended
installation of a pump in the funeral home structure and referred
to City Attorney a review and report on the existing Sewerage
Ordinance.
The Council was of the opinion that the City owned property= -on
South Cobb Drive was too expensive for park expansion. This was
brought to Council by Mr. J. M. Roberts who requested the proceeds
of the sale of this City owned property be set aside for parks and
recreation expansion and improvements. MEMO: During the month of
June 1966 the Cobb County Municipal Assoc a on has called several
meetings with the Cobb County Commissioners to resolve the cost of
updating City parks and recreation facilities. The cost of said
Improvements to be borne from the Recreation Bond Fund of 1965.
A petition was read in Council by Bruce Newbauer representing
the Wills High School student body requesting action for installation
of sidewalks on Ward Street prior to the opening of school in
September. It was brought out in Council that the sidewalk in-
stallation would be considered with the widening of Ward Road as a
joint project by the City of Smyrna, Cobb County, and apartment
developers and it was further suggested a copy of the submitted
petition be placed before Cobb County Commissioners.
A letter was submitted in Council from Rib Shacks of America
stating an agreement to reimburse the City $5,000 toward the ex-
tension of sewerage from their property on South Cobb at Church
Street intersection in Cobb County. The estimated cost of the
facility is $8,750. A motion was made by C. W. Armour, seconded
by Homer Kuhl, and voted unanimous as follows: The City of Smyrna
will install sewerage facility from the property of Rib Shacks to
the existing outfall line (westerly) upon payment of $5,000 by Rib
Shacks of America as their agreed portion of the cost, that ease-
ments at no cost to the City shall be submitted, and that letter of
commitment of said easements shall be submitted by Mr. Harold
Compton and all of above contingent upon annexation into the vor-
porate limits of the City of Smyrna.
187
(Continuation of June 6, 1966 Meeting)
Upon petition properly signed and witnessed by Mr. R. B.
Bennett, President of Bennett Realty Corporation, Unit #4. of
Bennett Woods Subdivision, recorded in Book 38, Page 66. Cobb
County Records, was annexed into the corporate limits of the City
of Smyrna,'approximately 4.9 acres more or less, and lying in an
area between Concord Road and No. Cooper Lake Road, south and
west of Bennett Woods Unit #3. It is further understood that the
Bennett Realty Corporation will pay for all sewer lines, paving,
curbs, water pipes, fittings and fire hydrants. City of Smyrna
shall install all water lines, fittings and hydrants, and furnish
street lights and street markers. The Bennett Realty Corporation
agrees to abide by all City ordinances, regulations and codes and
to pay City of Smyrna regular taxes during the year of 1967-68 or
an amount equivalent thereto for City services rendered. All the
above on motion by Homer Kuhl, seconded by B. F. Stewart, and
voted unanimous. .
The advertised zoning petition of the Christian property on
Whitfield Street came up for hearing to rezone from R-1 Residential
to R-2 Apartment Structures, restricted. The Poston Realty and
Insurance Company, agent for above property. Four citizens appeared
In opposition to the advertised zoning. Mr. Robert Davie, Purchaser
of the property, stated that 154 apartment units would be built on
the 8.9 acres. The oppositions' only complaint was surface water
draining across Whitfield and across their property. On motion by
J. C. Porterfield, the property was zoned from R-1 Residential to
R-2 Apartment Structures, restricted, with a stipulation that the
developer hereby agrees to install up to 300 feet of drainage pipe
to carry water from the rezoned property to the south side of Whitfield
Street and easterly to the lot line of the Marvin Reece property.
The motion seconded by C. W. Armour and voted unanimous.
In the second hearing there was no opposition in attendance re-
garding the advertised petition to•rezone undeveloped property in
LL 777 from R-1 Residential to R-2"Duplexes, restricted. Mr. Garvis
L. Sams, agent for the applicant, J. H. Anderson, stated the
entrance to the property would be off the four lane highway and
further that a request may be submitted in Council to consider an
entrance from Spring Road in the area of Jonquil Park. On motion
by D. L. Mixon the property 2641 x 2613.45t in above landlot was
zoned from R-1 to R-2 duplex structures, restricted. Motion seconded
by J. C. Porterfield and voted unanimous.
The appeal from Recorders Court in the case of John H. Tallent
and Jos. B. Hawkins came up for hearing before Council. Council
listened to the sworn testimony of officers Brown and Teal and the
subject defendants Tallent and Hawkins and on the summation of the
evidence Councilman Horner Kuhl motioned that the decision of the
Recorders Court be and is hereby upheld. Motion seconded by J. C.
Porterfield and voted unanimous. -
Building Inspector C. M. Hamby presented preliminary plans
showing the professional building of Dr. Howard Sigel on South Cobb
near Pinehill intersection. The plans called out six offices and
prior to issuance of the building permit the deviations were approved
as follows:
On motion by D. L. Mixon, seconded by R. H. Wood. the Council
waived the 50' set back to 4.0t, also waived the rear ,yard set back
at the north corner from 301 set back to 231. The motion carried.
The parking regulations called out per zoning ordinance were waived
on motion B. F. Stewart,. second by D. L. Mixon and voted unanimous.
MEMO: Dr. Sigel was 'requested to consult with the State Highway
repartment regarding conditional parking on the State Highway right-
of-way.
On motion by J. C. Porterfield, the Council voted for the
erection of a sign 31 x 16' for the Lynch automobile service structure
at Jonquil Plaza.
188
4
(Continuation of June 6, 1966 Meeting)
Per notice and submission of specifications, sealed proposals
were received and opened covering the labor, materials -and instal-
lation for one traffic signal to be erected on South Cobb at the
intersection of Wisteria Lane. Bids as follows:
Frank R. Parker, Tucker Georgia $14.88.56
Traffic Signals Inc., Shreveport, La. Equipment bid only
Equitrol, Birmingham, Ala. 14.86.73
Signal Equipment Company, Jacksonville, Fla. 1617.00
Thomas B. Combs, Atlanta, Ga. 1398.75
Motion by Homer Kuhl to accept the Thomas B. Combs bid for
labor, materials and installation of the traffic signal in the
area called out above. Second by R. H. Wood and voted unanimous.
Per advertised legal notice published four consecutive weeks
in the Smyrna Herald calling out the sale to the highest bidder of
the City owned property in LL 379 and fronting on South Cobb Drive,
the legal ad stated that a $1000 certified or cashierts check would
accompany each bid proposal, awarding of a sales contract or deed
would be withheld for thirty days and that the Mayor and Council
of the City of Smyrna reserve the right to reject any and .all bids.
The first bid opened was submitted by Poston Realty and Insurance
Company, agent for John K. Chastain, in the amount of $4.0,000.
The second bid in the amount of $36,500 was submitted by Peeples
Financial Corporation. Both bids complied with the legal ad by
attaching a chshierts check in the amount of $1000. Motion by
J. C. Porterfield, seconded by D. L. Mixon, and voted unanimous,
that this Council reject both bids, a right reserved by the Mayor
and Council and so stated in the legal notice to all bidders. MEMO:
It was agreed in Council that further negotiations with the higiF_es_E—
bidder shall be through a committee composed of Councilman J. B.
Ables, J. C. Porterfield, and R. H. Wood.
The Council voted unanimous on D. L. Mixon's motion to set the
meeting date of Mayor and Council from July 4th, 1966 (Holiday) to
July llth, 1966, 7:30 ofclock P. M.
A petition for zoning was submitted in Council to change zoning
from R-1 to C-1 commercial area, the five improved lots nos. 4, 5,
6, 7 and 8 fronting on Cobb Lane, a marginal access road in the
corporate limits in the City of Smyrna. Legal description and
zoning fee received and signs issued on May 31, 1966. The hearing
on the above zoning was set on motion by J. C. Porterfield at July
11, 1966 at City Hall. Motion seconded by R. H. Wood and carried.
Mayor Pro Tem J. B. Ables called out the following committee:
J. C. Porterfield, Chairman, D. L. Mixon, and C. W. Armour to
Investigate and report on a petition and application for mobile
home permit submitted by P. D. Nicholson of 574 Cherokee Road.
Committee to report June 20, 1966.
City Attorney Berl T. Tate reported on Spring Road right-of-
way and clearance and referred mostly to two structures to be
removed. A letter was mailed in May 1966 to Mrs. Ella W. DeBoard
requesting her to vacate the premises on or before June 13, 1966.
A motion by Homer Kuhl authorizes Mr. Skinner to tear down the
brick residence, garage, and clean up the premises of the.former
Patterson home place on Atlanta.Terrace at no cost to the City.
All this to be accomplished by July 13, 1966.
Attorney Berl T. Tate was authorized to contact Mr. Q. S.
King in connection with closing contract on Deerwood Subdivision,
pump station and force main.
A motion by J. C. Porterfield approved the Minutes of May 2
and May 16 as submitted and the Minutes of May 24, 1966 as sub-
mitted and corrected. Motion seconded by C. W. Armour.
189
(Continuation of June 6, 1966 Meeting)
In final action the Council:
1. Reported on progress in park improvements.
2. Approved a request from the Softball Association to erect
temporary fence at the little girlst softball .field. This on motion
by J. C. Porterfield.
3. Authorized the salary of A. D. Lattanzi increased to
$450.00 per month effective June 7, 1966. This on motion J. C.
Porterfield, second Homer Kuhl.
4. Approved on B. F. Stewart's motion, seconded by C. W.
Armour, to refund 1966 regular taxes to Mr. Fred M. Shope and
Mrs. Elsie Albright in lieu of no notification of the 1964. annexation
of their property. All City services shall start as of above date.
5. Set July 25, 1966 as the hearing date for zoning the
Gebauer property on Powder Springs at Grady for duplex structures
subject to formal application, legal description, the fee and signs
are all received or issued on or before June 13, 1966.
There being no further business Council motioned to adjourn
at 10:40 P. M. Next meeting (budgets) June 13, 1966. Mid -month
Council meeting June 203, 1966. First meeting in July, July 11, 1966.
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JUKE 20, 1966
The mid -month meeting of Mayor and Council was held at City
Hall June 20, 1966 and called to order at 7:30 o!clock P. M. by
Mayor G. W. Kreeger. All Council Members were present, also City
Attorney, Inspectors and Department Heads. City Clerk, absent.
attending Georgia Municipal Association Convention.
Invocation was by Councilman Homer Kuhl.
Two citizens, Harold Smith and J. M. Roberts, again questioned
why the Sanders-Castellaw Funeral Home was not on City sewerage.
Mayor Kreeger stated the shallow line in Concord Road was installed
prior to the Funeral Home locating on Concord; therefore, although
the $200.00 tap=on fee had been paid, he did not feel they should
be required to install a lift pump.
Nine citizens appeared in Council in protest of the Chapman
property on Smyrna -Powder Springs Road being rezoned from R-1
Residential to R-2 Triplex, Restricted. The citizens mostly from
the Hickory Acres subdivision stated the rezoning would lower the
value of their property, would house mostly people in transit, etc.
Mr. Chapman stated the triplexes would look like Colonial homes,
would rent for $150 per unit and would be the best type buffer
between the Hickory Acres residences and the apartments already
built and those proposed around this area. A motion was made by
Homer Kuhl, seconded by R. H. Wood, that the application for
rezoning be denied. The motion carried. Homer Kuhl, R. H. Wood,
B. F. Stewart and J. C. Porterfield voting for the motion; J. B.
Ables, C. W. Armour and D. L. Mixon, voting against.
Mr. John R. McCullough was spokesman for the rezoning of the
McCullough and Kellis property on Hawthorne Street. There was no
opposition present to the rezoning and on motion by C. W. Armour,
seconded by J. C. Porterfield, the Kellis property was rezoned from
R-1 to "C". Also on motion by C. W. Armour, seconded by J. C.
Porterfield, the McCullough property on Hawthorne Street was rezoned
from R-1 to "C" as advertised, and voted unanimous.
Zoning hearing on the B. F. Reed Estate property on Stephens
Street was next on the Agenda. J. Douglas Henderson, Attorney for
the applicant,,stated there would be 180 apartment units in the
approximately 10 acres and that they would be adjacent to the Riveria
Apartments on Church Street. It was noted that the plans as submitted