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05-03-1965 Regular Meeting- 107 MAY 3, 1965 A regular meeting of Mayor and Council was held pursuant.to the Charter, May 3, 1965, at 7:30 o'clock P. M., at City Hall, Smyrna, Georgia. Mayor G. W. Kreeger presided and all Council members were present. Since there were no citizens present to bring problems before Council the Mayor called out Agenda Item No. 2 which referred to three zoning hearings. The first zoning hearing advertised in accordance with the City Ordinance was for petitioners H. P. McCollum, Martha McCollum, and H. L. Marston, all of Marston Street in the City of Smyrna. The publication called for Council decision to consider rezoning the three parcels from R-1 Residential to C-1 Commercial area. During the discussion between the petitioners and City Council, the question to determine restrictive land usage was not settled and no compromise as to the purpose of the zoning was called out. It was recommended that the petitioners return to Council with evidence of the land usage in the proposed C-1 Commercial area. Motion by J.,C. Porterfield deferred the hearing to May 17, 1965. Motion seconded by Homer Kuhl which carried. Mayor Kreeger assigned the following committee to check out and report: J.B. Ables, J. C. Porterfield and Homer Kuhl. The second zoning hearing per petition of A. C. West requesting zoning R-1 to C-2 for a lumber warehouse was deferred to May 17, 1965 by reason the parcel of land is adjacent to the proposed zoning of the McCollum property. The third zoning petition was published for the McNeal -Company requesting Council action to rezone two parcels on O1d.Concord Road ,from R-1 Residential to C-1 Commercial area. The arcels are known per current numbering system as 764-766-772 and ?7& Old Concord Road, being the first two structures south of The McNeal Company office building.- There was no opposition. `On C. M. Chapmants motion, seconded by-J. C. Porterfield, the petition to rezone was accepted with a provision that the buildings would be utilized for office and professional businesses and that all structural changes would be called out prior to issuance of building permits.. The motion carried. 1.- Council discussed re -issuance of permit to Mrs. A. M. Turner, 112 Beavercreek Road, for the purpose of a basement drapery work shop. Request for re -issuance was' denied on the basis. of existing protective covenants. This action on motion by.Homer Kuhl, . seconded by J. C. Porterfield and voted unanimous. MEMO: C. M. Chapman excused 8:05 P.M. Site plans, prints and specifications were presented in Council for a building permit to construct an apartment project (14 buildings) on Ward Street. Per 1965 minutes this property was zoned R-1 to R-2 Restricted for petitioners - Cochran, Marshall and Young. . Council accepted the plans as presented and authorized issuance of the building permit on motion by R. J. McCurry which carried unanimous. MEMO:- It was recommended by Council that the name Highlands Apartments shall be changed. R. H. Wood stressed the need of an additional soft ball -field at Jonquil Park for the Smyrna Girls Soft Ball Association -and motioned that construction be started immediately on the site east of the existing bath house, and further to waive the current policy on bids. The total estimated cost to be paid from funds as follows: $ 500.00 Parks General Fund 500.00 Parks Bond Fund 1700.00 Transferred from Police Department budget to Parks and Recreation Fund 1600.00 Transferred from Fire Department budge to Parks and Recreation Fund The motion was seconded by J.B. Ables and voted unanimous. Wi (Continuation of May 3, 1965 Meeting) Upon the check out of`°the petition for a dental laboratory in the home of D. D. McKinney at 1606 Old Concord Road, Councilman D. Li -Mixon made a motion which carried to issue permit as called out in the petition of record: The permit fee shall be set at $25.00: e In discussion on the City of Smyrna Clean Up Ordinance, Chief of Police Robert L. Drake, reported that he investigated three complaints in violation of the Ordinance allowing the owners ten days in which to comply. The location of the lots were called out as Ivanhoe Lane, Medlin Street and Harold LAne. The following report was submitted to Consultant Engineer for estimated costs to repair, resurface or extend the following streets: Roswell to Six Points, Powder Springs, west of South Cobb, Hawthorne at Roswell, Fuller to Atlanta Street, Turn -around on Foster Street, Radius at intersection of Concord and King Springs, and Estelle Court. Council discussed HHFA Project No. 3054• There was no comment regarding progress except that on April 27 Engineer Philip J. Sutton submitted to the,Atlanta office additional information requested. Also in connection with Project 3054, a letter addressed to City of Smyrna, dated April 15, requested a certified copy of a resolution authorizing the execution of Form DFA-1941, Assurance of Compliance, under Title V 1 of the Civil Rights Act of 1964. The governing body did not vote to authorize the Mayor to sign HHFA, Assurance of Compliance.- All letters of instruction, together with Form 1901- 1902, filed for record. -• Council adopted the salary and wage scale as submitted by the Finance'Committee as amended. Motion to adopt by R. J. McCurry, states that the effective date - shall be 7-1-65, ' and further motioned that salary or wage reductions shall not be considered upon this adoption. Second by J. C. Porterfield and voted unanimous.. Total annual increase 7-1-65 through 6 -30-6.6 estimated at $20,000. A motion by J. C. Porterfield to change labor grade 13, Main- tenance Department Head, to classification grade no. 14 resulted in a tie vote. Voting for the amendment to the grade classification, D. L. Mixon, J. C. Porterfield and J. B. Ables. Opposing the motion, R. H. Wood, R. J. McCurry and Homer Kuhl. Mayor George W. Kreeger opposed the motion and the motion lost four to three. MEMO: City Attorney Berl T. Tate arrived and was seated at the CouncT=able at 9:00 F. M. The minutes of April 5, 1965 were accepted asocorrected. Motion by J. .C. Porterfield which carried. Motion by J. C. Porterfield, seconded by Homer Kuhl, to approve the minutes of April 19, 1965 as submitted. Motion carried. City attorney Berl T. Tate submitted an Ordinance in Council for adoption calling out the rates of interest, location of payments on principal and interest, and levy of taxes to pay said bonds and for other purpose's. Motion R. J. McCurry to adopt as submitted, and certify and attest the above Ordinance, City of Smyrna, Street Improvement Bond Fun. Motion seconded Homer Kuhl and voted . unanimous. In final action, the Council discussed: a. Rules and Regulations governing a Planning and Zoning Committee. b. Street Lights on Estelle Court 109 (Continuation of May 3, 1965 Meeting) c. Denied a permit to Robert H. Corley for solicitation of funds. d. General discussion on the influx of solicitors operating in the absence of a permit. There being no further business, a.motion was made to adjourn. Adjourn 9:45 P.M. Next scheduled meeting May 17, 1965, 7:30 otclock P.M. MAY 179 1965. -The scheduled mid -month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, May 17, 1965 at 7:30 otclock P.M. Mayor,Geo. W. Kreeger presided, all -Council Members present.. In the first order of business the Council voted unanimous to annex to corporate limits of the City'of Smyrna five lots on the south side of Daniell Drive; 258 feet east from intersection of Daniell Drive and King Springs Road. Parcel joins existing corporate -limits of the City on Daniell Drive and Dunn Street right-of-way. Motion to annex by J. C.�Porterfie ld carried a provision to curb and gutter lots fronting on both streets and to comply with all City ordinances, codes and regulations. R. J. McCurry seconded the motion. The zoning hearing of McCollum and Marston came up per ad- vertised petition and was withdrawn pending proposed amendment to Comprehensive Zoning Ordinance under the "C" commercial area. classification. Future hearing on this property under amended ordinance requires re -advertising, placement of signs and $50 fee. The zoning hearing per petition of A. C. West for C-2 classi- fication on a parcel of land east of L & N Railroad was postponed to June 7, 1965 at which meeting Mr. West shall request withdrawal and re -advertise pending proposed amendment to "C" commercial area classification. MEMO: Withdrawal of the McCollum -Marston hearing places Mr. West's property in spot zoning category. Re -advertise after date of amended ordinance will require additional fee of $50. Zoning petition of Mr. Harold Anderson came up for hearing. -The Council, on D. L. Mixon's motion, seconded -by J. C. Porterfield, zoned the parcel of land in Lt 348 being lots No. 2 and.No. 3, Block 0, Unit No. 1, Green Hills Subdibision in the City of Smyrna. Petitioner, -Mr. Anderson requested change from R-1 to C-1 com mercial area and the purpose of the land usage was stated,as office building with 40 foot set- back. and ample parking. Hearing on zoning petition R-1 to R-2 Restricted-Apartrr►ient structures came up per advertised petition by agent Bob Leonard Realty Company. Property is known as the H. M. Christian property on. Whitfield Street. Council did"not-approve plans showing building placement on the eleven acres. On the basis of the opposition in attendance, R. J. McCurry motioned to deny the petition for zoning on -second by J. C.;Porterfield the Council voted unanimous for denial.