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03-21-1966 Scheduled Mid-Montly Meeting170 (Continuation of March 15, 1966 Meeting) On a motion by J'..C. Porterfield, seconded by C. W. Armour, the property described above, a parcel of land in LL 415 approxi- mately 2001 x 200t, per petition of Mr. J. C. Wine, was annexed into the corporate limits of the City of Smyrna under the current Cobb County zoning, Commercial-1. The petitioner agrees to abide by existing ordinances, codes'and regulations of the City of Smyrna and pay all taxes due the City of Smyrna for the year of 1968 or an amount equivalent thereto for City services rendered. The vote on the above motion was unanimous. MEMO: Taxes referred to above represents the J. C. Wine lanF only. The Ad Valorem and inventory taxes, business license,'etc. are applicable to the Hess Oil Company for 1967. The second motion came by Councilman Homer Kuhl -to issue the building permit to' the' W. R. Martin Construction Company of Douglasville, Georgia, in tle amount of $25,000 covering plumbing, slab, footings, tanks, pumps, And ramp. The second building permit to be issued to Madison, Inc. for the metal structure. The motion to issue the building permit seconded by B. F.-Stewart and voted unanimous. Council approved a Resolution authorizing the Mayor and City Clerk to sign right-of-way deeds for City owned' properties on the north side of Spring Road widening (SUS 1383-1) known as parcel No. 68 in LL 737 and parcel No. 85 in LL• 776 and 809. Motion to sign above described deeds by D. L.` Mixon, seconded by Homer Kuhl, and voted unanimous. There being no further business in the above recorded official meeting, motion was made to adjourn at 9:00 o'clock P.M. •,�xsr=ci: � :: 3. r � ?sr�K ;cxif :'s •,g:c K ;w r� n. � x � �cxr x •,s�.:. �'ci; # :: -.: is MARCH 21, 1966 The scheduled mid -month meeting was held at City Hall March 21, 1966 and called to order at 7:30 P.M. Mayor G. W. Kreeger presided with all Council Members and Department Heads present. City Attorney, Berl T. Tate, absent due to death in family. In the first order of business were three zoning hearings as follows: The first hearing was a petition from W.' M. Reed requesting a change in the zoning from R-1 to C-1 Commercial a parcel of land at the south side intersection of Bank and South Cobb Drive. The petition was denied on the basis of complaints that the area is already flooded during heavy rains and develop- ment of the land would increase the run off of water into their yards. On motion by J. B. Ables, the request for rezoning was denied pending correction of the flooding conditions. The motion seconded by R. H. Wood. The vote was six to one for denial. D. L. Mixon opposed. The second hearing for rezoning per petition of C. J. Coker and H. F. Allen was to change the zoning from R-1 to 110 Commercial area. The two parcels lie east of the Funeral Home on Concord Road., There being no objection, Councilman Homer Kuhl motioned the two parcels be rezoned from R-1 to 110 Commercial area.. Motion. -seconded by C. W. Armour and voted unanimous. There was no opposition regarding the third petition for rezoning approximately fifteen acres on Hawthorne Street from R-1 to R-2 and known as the Julie Wilkie property. The agent, Bob Leonard Realty, presented a plat showing the apartment structures consisting of 174. units using approximately eleven acres of the 171 (Continuation of March 21, 1966 Meeting) land. Adequate recreation areas and swimming pools were shown on the plat. The petitioner requested the Council consider certain minor deviations as per plat submitted by reason of relocation of structures and roads due to undetermined drainage problems. Motion by J. B. Ables that this Council approve the rezoning application from R-1 to R-2, Multiple Family Dwellings consisting of 174 units and that minor restrictions in the building layout, recreation, and pool areas be allowed. The motion was seconded by D. L. Mixon and voted unanimous. Building Permits 1. On motion by J. B. Ables, Mr. Herron, owner of the Crowe Poster Advertising Company, was issued a permit to erect a 121 x 251 billboard type sign requiring a 501 set back on So. Cobb Drive next south of the Gulf Oil Service Station at Brown Court. Motion seconded by Homer Kuhl and carried. C. W. Armour, abstaining. 2. On the recommendation of the building inspector two signs were approved for erection on the land and building of the Piedmont Realty Company on So. Cobb Drive. The issuance of the permits to Artistic Sign Company came on motion by J. C. Porterfield, seconded by J. B. Ables, and voted unanimous. 3. Mr. R. E. Maxwell spoke in Council regarding the installa- tion of a septic tank at the rear of the new grocery store on So. Cobb Drive. During discussion, Councilman Homer Kuhl motioned to 07 deny connection of the plumbing to a septic tank, and further that the grocery store shall not be permitted to open pending tap on to the City sanitary system. Motion seconded by D. L. Mixon and carried. B. F. Stewart abstaining. In further discussion, it was agreed that the City shall extend the present trunk line to the property line and Mr. Maxwell agreed to pump the sewerage to this point. The above on motion of Homer Kuhl, seconded by J. C. Porterfield, and voted unanimous. 4 Mr. J. D. Daniel appeared in Council with a plat of a new automobile tune up shop on the north side of the Jonquil Plaza Shopping Center. The plat showed the tune up shop would be built over the existing water main which runs from Atlanta Road east and along the.rear of the present structures. Recommendations were heard to install a, temporary line, also to install new lines of cast iron pipe with fire hydrants along the front of the structures. During the discussion, J. B. Ables made•a motion to issue the permit for the building subject to a temporary water line relocation and that the developer shall negotiate a future and permanent line and share in the cost of same and that the developer will relieve the City of any responsibility resulting from structural damage. Mr. J. D. Daniel stated a letter would be addressed to the Mayor and Council regarding the above. The motion seconded by Homer Kuhl and voted four to three for the motion. Opposed to the motion, D. L. Mixon, C. W. Armour and B. F. Stewart. The hearing of the Elmer Crowe case postponed from previous meeting came up for Council action. Mr. Crowe (Case 6179) was fined $155.00 February 8 in the City of Smyrna traffic court for driving without a license. Mr. Crowe stated that his license had not been revoked as charged and that application was made for a new license which he claimed was pending at the time of his arrest. The question before the court hinged on the defendant's plea and the basis of the fine levied. The question before Council hinged on the determination of whether Mr. Crowe had a valid license at the time of the arrest. In light of the evidence presented and that Mr. Crowe had acted in good faith, J. B. Ables motioned, seconded by D. L. Mixon, that the charge be reduced to 10.00 plus court cost with refund to Mr. Crowe in the amount of 14.3.00, the cost of car storage ($7.00) to be borne by Mr. Crowe. The motion carried six to one, Homer Kuhl opposed. 172 (Continuation of March 21, 1966 Meeting) The Council adopted on unanimous vote.. an amendment to the Mobile Home Ordinance which in substance permits mobile homes to be-moved,to rear yards in extreme hardship cases. The reso- lution amending the mobile home ordinance attached and made a part of the above dated minutes. Motion by J. C. Porterfield, seconded by D. L. Mixon. Committee chairman C. W. Armour presented in Council a report on community antenna television. The proposal submitted by Electrovision, Inc. of Macon called out the following: 1. To pay the City of Smyrna $750.00 for purchase of franchise. 2. To pay the City of Smyrna 4% on the first $200.00 gross revenue.. 3. 5% on the next $100,000 of gross revenue. 4. 6% on gross revenue in excess of $300,000. 5. Installation charge not to exceed $15.00. 6. The charge not to exceed $5.00 per month maximum. In further discussion regarding contract, franchise, and ordinance, C. W. Armour motioned to award the franchise to Elec- trovision, Inc., subject to revisions in contract and approval of ordinance as drawn and submitted to Mayor and Council. Motion seconded by D. L. Mixon and voted unanimous. Council on motion of J. B. Ables, waived the existing side yard set back from Spring Street right-of-way for the new addi- tion on the Bethel Baptist Church. Motion carried. It was also agreed on motion J. B. Ables to permit the Church to use existing septic tank pending City facilities in the area and to notify by letter the Cobb County Health Department on this action. Three bids were opened for one 1966 police patrol as follows: John Smith Company, Atlanta, Georgia $•1,899.77 Wade Ford, Inc., Atlanta, Georgia 1,469.40 Strother Ford, Marietta, Georgia 1,644.16 The Council authorized the purchase of one police patrol from Wade Ford, Inc. in the amount of $1,469.40. Said bid per specifications submitted including trade-in. Motion by Homer Kuhl, seconded by C. W. Armour, and voted unanimous. Council agreed to extend City sewer facilities to the new Hess Oil Company Station on South Cobb at Concord Road authorizing to negotiate their participation in the cost of installation from the present trunk line on the east right-of-way of South Cobb Drive. The Council agreed to hold committee meetings on March 28, 1966, 7:30 P. M. at City Hall, covering fiscal budgets for 1966-67. Council authorized the issuance of a business license to Mr. J. B. Cole for a billiard room (five tables) at 107 No. Atlanta Street. Motion by J. B. Ables, seconded by Homer Kuhl, and voted unanimous. The salary of library assistant, Miss Judy Brooks, a part- time hourly employee, was increased.from $1.00 per hour to $1.25 effective with payroll period ending 3-24-66. The above on motion by-- Homer Kuhl 'and passed. There being no further business, a motion was made to adjourn 9:55 P.M. Next Council meeting, financial budgets 3-28-66, and regular Council meeting per charter 4-4-66. 173 C ;; 7 < si. (Z; �fc L " V� � G. W. Kreeger, Mayor L. W. M-r`4s, City C er C.), 42a..8!� - G . . Armour, Councliman ward" #1 Sanitation 0. N. -,o ��� R. H. Wood, Councilman Ward#3 Streets & Maintenance r . Mixon', Councilman W r Water Stewart, Councilman Ward Treatment Plants Jeo�. Ables, Councilman Ward ;72 F nance and Adninistration omer Ku , Counc man War Police, Fire & CD . C. or er e , Councilman Ward #6, Parks Recreation I �oP TED "SEE /VI ✓ d rE.S �ATEiJ /h4, J<' 2/ if64, R E S O L U T I O N WHEREAS, the Mayor and Council of the City of Smyrna have been advised of the existing need to amend the Comprehensive Zoning Ordinance of 1961, as amended, so that land use permits may be issued for the use of mobile homes on residential lots within the City of Smyrna; and WHEREAS, the Mayor and Council of the City of Smyrna are desirous of so amending the Comprehensive Zoning Ordinance of 1961, as amended, to permit the occupancy of mobile homes on residential lots within the City of Smyrna so as to permit occupancy of same by individuals in hardship situations including illness. NOW, THEREFORE, be it resolved by the Mayor and Council of the City of Smyrna and it is hereby resolved by said body as follows : 1. i That the Comprehensive Zoning Ordinance of 1961, as amended, be further amended to permit the installation, use and occupancy of mobile homes on residential lots within the City of Smyrna, and that pursuant to this end, advertisement of intention to further amend said Ordinance be published as specified in said Comprehensive Zoning Ordinance. 2. That the term "mobile home" be restricted and confined to vehicular units designed and sold for habitation as living quarters and shall not include any unit designed, constructed or to be used for temporary offices, shops or the like. The term :"mobile home" is further defined as being restricted to vehicular units not attached to realty by other than utility lines or those not capable of being readily removed from the premises by use of attached wheels and tires. 7 Any mobile home parked within the City of Smyrna shall be removed upon notice of the Mayor and Council within thirty (30) days after said notice following termination of the,reason for which said land use permit was issued, and any.property owner so failing to remove said mobile home upon said notice shall be subject to a fine of $100.00 upon conviction. Any mobile home permitted to be parked within the City of Smyrna shall be attached to the sewerage outlet.for the residence on the property upon which it is parked, and for such 3 service shall pay a tap on fee of $25.00, plus costs, not to exceed a total of $75.00, and shall be allowed to tap on to the water system of said residence, following which -the owner of the property in question shall receive and agree to pay two minimum water bills each month. 9. Mobile homes permitted to park on lots within the City of Smyrna shall be considered as personal property and shall be returned for taxes as such. 10. Any mobile home parked within the City of Smyrna shall be located behind the residence on the lot in question, shall be screened as much as possible from adjacent residences, and shall in no event be parked closer than ten (lb) feet from adjoining property. 3. Prior to the issuance of a land use permit, the owner of the property involved must certify to the City of Smyrna that there are no restrictive covenants against the property involved prohibiting such use, and shall furnish at the time of said application a petition signed by all owners of real estate within a 300 foot radius of the property in question, along with a certification from a licensed physician concerning such a necessity in the event of sickness. In the event of a hardship situation, where the lives or property of widows, children, or others may be in jeopardy, affidavits from two responsible individuals aware of such facts shall be furnished. 4. Upon receipt of an application for a land use permit, the Mayor of the City of Smyrna shall appoint a committee to investigate the application. Said committee shall make its report and recommendation to the Mayor and Council at a regularly schedu- led meeting at which time the said body shall make the final decision. 5. Prior to the issuance of a land use permit for the parking of a mobile home, the Mayor and Council shall receive a report that the mobile home to be parked has satisfactorily passed an inspection by the fire department, the building inspector, and the electrical and plumbing inspectors. 6. Land use permits issued by the Mayor and Council shall be issued in the name of the owner of the real estate where the mobile home is to be parked and shall be for the period of one calendar year on a renewable basis for a similar period and shall be non-transferrable.