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05-04-1964 Regular Meeting23 May 4, 1964 A regular meeting of Mayor and Council was held pursuant to the Charter at the City Hall, Smyrna, Georgia, May 4, 1964, at 7:.30 p. m. Mayor G. W. Kreeger presided with all Council members present except C. M. Chapman, Councilman -at -Large. Mr. Howard Scoggins gave the invocation to open the meeting. Prior to the scheduled zoning hearings council heard a report by B. A. Thomas (for Chairman C. M. Chapman) for the committee appointed to look into zoning requests., The report covered availability of utilities to the areas involved and pointed up the need for a municipal planning board. Zoning Pet_ Council set June 1, 19640 7:30 p. m., as the date of hear ing to consider the petition to rezone the Ernest Jones and W. W. Nally properties on King Street per plats of record from R-1 Residential to C-1 Commercial, same to be advertised as one parcel. The motion H. Kuhl second J. W. Webb and voted unanimous. Hearing (A) The hearing was called on petition of Georgia Land Company to rezone the parcel located on the southeast corner of entrance to Campbellwood Subdivision at intersection of Creatwood Trail and South Atlanta Street. Mr.. Howard Scoggins of McDaniel Realty Company, representing the petitioner stated prospects included a dentist, "Handy -Pantry" and Echols "Majik- Market". Mr. Scoggins further stated the restricted frontage meant the oil companies are not interested. Mr. Bob Yoder represented area residents protesting said rezoning proposal, pointing out that: C-1 classification will not restrict to prospects; devalue adjacent residential pro- perty and cause area to lose its residential idenity; violate agreement that this parcel would remain residential (read letter from Nordec, Inc. to Everett R.,Mason, owner of adjoining pro- perty that they would refund equity if area rezoned within period of three years); and finally that new sign violates ordinance on signs. Council voted unanimously to deny petition of Georgia Latid Company to rezone said described property from R-1 to C-1 on motion H. Kuhl second J. W. Webb. Mayor Kreeger suggested to petitioner the affected property owners might not object to restricted zoning if theycared to pursue further. (B) Mr. Scoggins again appeared to represent petition to rezone Cantrell property on Church Street. The petition stated the property would be occupied as residence and Chiropractic Clinic by Dr. James Franklin Phillips. No citizen appeared to protest rezoning of said property. Dr. Phillips agreed to restrict zoning request to profess sional building(s). 24 (Continuation of 5-4-64 Meeting) A motion R. J. McCurry second H. Kuhl to rezone the D. E. Cantrell Estate property known under the current numbering system as 159 Church Street from R-1 Residential to C-1 Commercial - Restricted Professional Building -was voted unanimous. (C) Hearing on joint petition to rezone six (6) parcels (lots # 127-132 inclusive) on North side of Hawthorne Street was called. Mr. Roland I. Smith (representing the petitioners) stated that he planned a 4-chair barber shop on his property and Mr. Evans hoped to get a Handy -Pantry store. Mr. C. E. Thompson representing his wife Mrs. Eunice Thomp son, owner of rental property adjacent to Mr. Smith, protested the re -zoning on the basis that this was spot zoning and commer- cialization would reduce the rental potential. No other area residents appeared to protest the petition to rezone area. A motion R. J. McCurry second J. W. Webb to grant petition to rezone these Hawthorne Street properties per plat submitted from R-1 Residential to C-1 Commercial was approved 5;to 1, B. A. Thomas voting against motion. Annexation Mr. Fred McNeal representing Mr. Clifford L.-Puryear presented a plat calling out 18 lots in Land Lot 3383, 17th. district, second section, Cobb County, Georgia requesting annexation to the corporate limits of the City of Smyrna, said area for residential development. A motion J. W. Webb second R. J. McCurry that the property of Clifford L. Puryear per plat submitted be annexed to the corporate limits of the City of Smyrna under existing Cobb County zoning classification and subject to and in compliance with all codes, regulations and ordinances of the City of Smyrna; that taxes if applicable shall be assessed for 1965 or an amount equivalent thereto for services rendered; the motion further states that the right of way of North Cooper Lake Road from the existing City Limits at Bennett Woods subdivision extending northerly to and including right of way fronting on the Clifford L. Puryear and King -Williams Land Company properties, be and is hereby annexed to the corporate limits of the City of Smyrna. Motion carried 5 to 1; J. C.-Porterfield abstaining. Memo: Council agreed the City to construct sanitary sewer trunk line in North Cooper Lake Road from the existing City Limits north to Pineview Drive in Pineview Subdivision. Legal description of Puryear property being annexed is as follows: All that tract of land lying and being in Land Lot'338, 17th District, 2nd Section, Cobb County, Georgia and more par- ticularly described as follows: BEGINNING at•a point on the westerly side of North Cooper Lake Road that represents the intersection of the westerly side of North'Cooper Lake Road with the north side of Pineview Drive; thence running northwesterly 206 feet along the westerly side of North Cooper::Lakd Road to a point; thence west 916 feet to a point; thence South 456 feet to a point; thence east 863 feet to a point; thence northwesterly 210 feet to a point on the South 25 (Continuation of 5-4-6+4 Meeting); side of Pineviww Drive; thence east 197 feet to a point on the westerly side of North Cooper Lake Road; thence northwesterly 50 feet along the westerly side of North Cooper Lake Road back to the point of Beginning. Zoning - Hearing (Cont'd) kD) Amendment - Ordinance Hearing was called on proposed amendment to the 1961 Compre- hensive Zoning Ordinance. No'citizen appeared to,protest. Council approved amendment to the Comprehensive.Zoning Or- dinance by vote of 5 to 1, B. A. Thomas abstaining. Motion R. J. McCurry second J. W. Webb, amendment as follows: AMENDMENT TO CITY OF SMYRNA COMPREHENSIVE ZONING ORDINANCE 1. Local Commercial District C-1, Section 6., Paragraph A (2) add under uses permitted., "Upholstery and furniture repair shops." 2. Central Commercial District C-2, Section No. 7, Paragraph A (19) delete - "Upholstery and furniture repair shops." Building Permits Building inspector J. W. Kelly reported request from Berry Industrial Equipment for permit for addition to existing plant. Council approved permit subject to check out by building inspector on motion B. A. Thomas second H, Kuhl and voted unanimous. A joint letter recommending condemnation from Building Inspector Kelley and Fire Chief Porterfield of building at 504 Roswell Street was read to council. Mayor Kreeger appointed committee Roswell Street was read to council. Mayor Kreeger appointed committee of R. J. McGarry, H. Kuhl, B. A. Thomas to personally contact owner. Councilman Porterfield requested a review of building code with reference to "accessory building" and Mayor Kreeger suggeste&% Porterfield study further to determine if revision needed. Action on a request to dedicate the extension of Alexander Street, was deferred pending additional information. Mr. Arthur Crowe, Crowe Poster Advertising Company, appeared to request reconsideration to permit construction of billboard on east side South Cobb Drive, between Powder Springs and Bank Street._ Mr. Crowe was assured refusal justified and withdrew re- quest. Council determined a new petition would be necessary before curb and gutter could be considered for Hughes Street. (The latest petition on file dated 1960). J: C. Porterfield reported work at,.Jonquil Park was scheduled to start May 5, 1964 on pipe, curb and gutter with paving to follow, minor adjustments being made as to location of pipe and backfilling curb to improve permanency of installation. 26 (Continuation of 5-4-64 Meeting) Work scheduled on Lake Park has been held up by weather but a target date of July has been set for completion of project according to Mr. Wood. B. A. Thomas reported R. E; Maxwell on South Cobb Drive would try to gets:.adjoining property owners to share cost of a grav- ity sewerage line north to Church Street. Action on request for permit deferred till hear from Mr. Maxwell. J. E. David reported estimated cost of sewerage to the Red Dot grocery (Cason Property), on North Atlanta Street, is Y= $51,521.00. Potential taps nine with immediate taps total five. A motion H. Kuhl second J. W. Webb to extend sewerage to North Atlanta Street was defeated 2 to 3, 1 abstentia; voting against motion McCurry, Wood and Porterfield; Thomas abstaining. J. C. Porterfield reported work on Concord Road was resumed this date. No reply yet received from State on aid for this pro- ject. J. E. David instructed to contact P. J. Sutton re backfill on curbing•now installed and request adequate inspection of this project. 11 Police Chief Drake reported Sgt. Rudasill would be occupied with Fi Fa's for another month. Approval March Minutes deferred. Finance Chairman R. J. McCurry discussed the March finan- cial reports, year-to-date budget total in black over $12,000.00. Mr. McCurry requested committee chairmen to have departmental budgets for fiscal period 1964-65 ready by June 1st, meeting. Mayor Kreeger urged council to hold the line on budget for the coming fiscal.. year. Complaints from residents of Howell Drive.about parking on both sides of the street creating traffic hazard was discussed. A motion J. C. Porterfield second H. Kuhl to prohibit parking on the south side of Howell Drive was voted unanimous. ,INO PARKING ANY TIME" signs to be erected accordingly. - Council by unanimous,vote named Walter T. Gillespie, 125 Gaylor,.Deputy Director Civil Defense. Motion J. C. Porterfield second H. Kuhl, Mr. Kuhl to write Governor advising council ap- pointment of Mr. Carson as Director -Civil Defense and Mr. Gillespie as Deputy Director -Civil Defense. Report of loss due to City sewer stoppage at 606 Balmoral Road, residence of J. A. Wilhelm, was referred to Clerk to handle with insurance carrier. • Council set July ll, 1964, 7:00 a.m. to 7(�00 p.m. as the date for special election Ward 2 council seat vacated -by reason of resignation J. W. Webb effective July 1, 1964. Motion R. J. McCurry, second H. Kuhl voted 5 to 1, Webb opposed. Said motion further states election to be advertised with information on deadline for voter registration and candidate qualification to be included. 27 (Continuation of 5-4-64 Meeting) Discussion of drainage, Elizabeth Street and paving of the turn -around on Foster Street, referred to J. C. Porterfield; the sign at entrance to Campbellwood which violates ordinance referred to H. Kuhl to check, this concluding the meeting. Meeting adjourned 10:15 p.m. Next meeting May 18, 19641 7:30 p.m. May 18, 1964 A regular meeting of;Mayor and Council was held May 18, 19642 7:30 p.m. at City Hall. Mayor Kreeger presided; Council members present J. C. Porterfield, Homer Kuhl, J. W. Webb, R. H. Wood, C. M. Chapman, R. J. McCurry; absent B. A. Thomas. Mrs. J. E. Barfield,- 3r. of 105 Brentwood Drive inquired of council the reason for having to -obtain a permit.to erect a fence; Mr. Kuhl referred Mrs. Barfield to Cobb County re- cords to determine if there is a protective covenant against fence in front of house and suggested that, a decorative fence might be acceptable to the neighborhood. It was also brought out that the contractor in this instance had not furnished the City with the required information. Mr. Harry Daniels of Sherwood Road appeared to request clarification of cost for water service and was referred to J. E. David. Mr. Jim Bretzius of the Atlanta Constitution appeared to advise council of their July 26th special election "Plus 100" and requesting the City participate with an ad. Mayor Kreeger referred this to the Finance Committee and suggested Mr. Bretzius bring more complete information to'the next meet- ing of Mayor and Council. Annexation Council approved by unanimous vote the annexation of pro- perty known as Bennett Woods, Unit III per petition of E. E. & R. B. Bennett per plat -submitted, subject to existing codes, regulations and ordinances of the City of Smyrna; that taxes if applicable shall be assessed for 1965 or an amount equiva- lent thereto for services rendered. Motion H. Kuhl second R. J. McCurry. Mr. Fred McNeal presented plat of Pineview subdivision for approval.- After examination of the plat.by engineer and building inspector a motion H. Kuhl to approve plat with the condition that plot plan of lot #1 be furnished prior to consideration of permit for building -on this lot; motion second R. J. McCurry and voted unanimous. Council approved issuance of a trailer permit at the residence of James Strayhorn, 290 Fraser,Street, said trailer to be stored only and not occupied, permit not to exceed one year. Motion R. H. Wood second J. C. Porterfield and "voted unanimous.