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06-07-1965 Regular Meeting112 JUNE 7, 1965 The meeting of Mayor and Council pursuant to the Charter was held at City Hall above date -and -called to order by'Mayor G. W. Kreeger',at 7:30 P. M. In'attendance,,all Council Members, City Attorney, Clerk, and Department Heads and Philip Sutton. There -were no citizens present to bring problems before Council. The petition to rezone the H. A. Peele-r property on Church - Street from R-1 Residential to R-2 Multiple Family Project (Restricted) came up for hearing as advertised. Mr. Grady Barnett represented the petitioners. Eleven citizens from the area were present and submitted a petition of record signed by twenty-nine property owners in opposition to the proposed apartment structures. During discussion, Councilman J. B. Ables motioned to rezone the property per advertised petition. The motion died for lack of a second. There was no action on the proposal to defer hearing pending receipt of revised plans. Councilman J. C. Porterfield made a motion'that petition for rezoning the H. A. Peeler property on Church Street from R-1 to R-2 Apartment Project (Restricted) be denied. Motion, as stated was seconded by Councilman Homer Kuhl and carried six to one. J. B. Ables voting against the motion. Per petiti©n4ubmitted, the Council voted -to - annex into the corporate -limits." the property of -Mr`: 'SamnE. Hicks, 696 Veen -Street per his petition dated 6-7-65, and'further-motioned that petitioner agrees to abide by all City ordinances, codes, regulations and to pay City of Smyrna regular taxes for 1967 on this property or an amount equivalent thereto for City services rendered. Motion by Homer Kuhl, seconded by R. J. McCurry. The second petition submitted�by Mr. V. C. Bunn'was annexed into the corporate limits on motion by Homer Kuhl, seconded by J. C. Porterfield, and voted unanimous. The property fronting on Benson Pool Road, known as No. 121, two acres more or less, shows per plat a road easement approximately twenty feet in width and running easterly to the intersection of Old Concord Road. The petitioner agrees to abide by all City ordinances, codes and regulations and to pay Smyrna City taxes for the year 1967 on the above property or amount equivalent thereto for services rendered. On recommendation of the building inspector, J. C. Porterfield motioned to issue the building permit for Goodyear Service Center at 121 Benson Pool Road and further motioned that Council'waive the 50 foot set back per ordinance thus approving the 40 foot set back per plan submitted. The motion further stipulates that City s-ewer and water facilities be installed. Motion seconded by Homer Kuhl and voted unanimous. MEMO: The request to waive sidewalk Installation was denied and engineering and installation of 230 feet of sidewalk along the front of the property was referred to P. J. Sutton. It shall be further noted that building permit issued by Cobb County for this structure was withheld and sub- sequently withdrawn when it was learned the property was contiguous to Smyrna corporate limits. On R. J. McCurry's motion, the building permit was authorized and issued for a business known as Waffle House of Georgia, Inc. located on the east side of So. Cobb Drive immediately north of Smyrna Brake and Alignment. The motion seconded by D. L. Mixon was voted unanimous. Mr. Joe Rogers, owner, agreed in Council to reimburse the City up to 50% of the total sewerage installation cost or $1,808 per estimate of J. E. David. The sewerage, 740 feet plus three man holes, to be installed from existing man hole on Powder Springs then west to the right-of-way of So. Cobb Drive thence north along the right-of-way to the Waffle Shop. 113 (Continuation of June 7, 1965 Minutes) A building permit was issued for Ward Street apartment project swimming pool, estimated cost $4,000, on motion J. B. Ables, seconded Homer Kuhl. The proposed amendment per publication to the Comprehensive Zoning -Ordinance Section_6 came up for hearing. Upon submission the proposed ordinance would be known as Section 6-C. J. B. Ables motioned to adopt the ordinance as read and amended. Motion seconded by Homer Kuhl and voted unanimous. Copy of ordinance entered in the minutes and made a part thereto. O R D I N A N C E WHEREAS, the City of Smyrna desires to permit the reservation and commitment of specifically described property for commercial purpose, by virtue of which upon designation as such the owner shall acquire, by the expenditure of funds for improvement thereon, a right to have the said property treated as commercial, the specific use to be determined by further zoning application to be submitted as such other zoning -application,, the question on such future application being confined solely to the suitability of the proposed use in a commercial district. NOW, THEREFORE, be it ordained by the Mayor and Council of the City of -Smyrna and it is hereby ordained by authority of the same as •follows : -The comprehensive zoning ordinance as•adopted -in. 1961 and as -amended subsequent thereto is further amended by Anserting a new Section to be known asN"Section 6-C", Commercial District, and the presently numbered Section 6 and all Sections subsequent to said Section shall be renumbered chronoligi-cally thereafter, said new Section 6-C-�to read as follows: "District 'C ► upon application by -the -owner and -the payment of.such fees ,as has otherwise been provided for application for' zoning of property for commercial- purposes, specifically described property maybe classified, designated and zoned as 'District Cf. The classification,,designation and zoning of such tract shall pertain only to a FUTURE USE of the said property and no immediate right to use or occupy the same for commercial purposes shall be permitted until said applicant shall have regularly and properly been granted specific zoning for the purposes -described in Districts C-1 or District C-2. It is declared to be the intent and purpose of such classi- fication, designation and zoning as 'District Cf, by the zoning authority of the City of Smyrna, Georgia, that the same shall permit an orderly transition of property from another use permitted in a district heretofore established and provided for or hereafter designated and established and shall constitute the exercise of zoning powers to the extent that the property owner shall be secured of any right to use said property for commercial purposes but the same shall not be construed as granting or permitting a specific commercial use nor -the right to enter upon, use or occupy the same for commercial purposes until :a, specific use has been authorized upon a subsequent and,further application for classi- fication, designation and zoning of the same as 'District C-1 or District C-21. It is further declared to be the intent and purpose of such classification, designation and zoning as ADistrict Cf-.that the same shal,h-be-a•temporary, transitory zoning, pending.the further action of the zoning authority of the City of Smyrna, Georgia. To the extent herein provided, it is the intent and purpose of such classification, designation and zoning as 'District Cf that the owner of such tract shall acquire a' vested interest in the use of the ,-property ,for commercial :purposes, and.. the zoning authority has exercised the descretion-to zone the described tract for commercial purposes. 114 (Continuation of June 7, 1965 Minutes) ORDINANCE (Continued). Upon the application made subsequent to classification, desig- nation and zoning of.property as 'District C' for the purpose of rezoning from 'District C to District C-1 or District C-21, the sole -question for consideration, decision and action shall be the suitability of the use applied for in a District C-1 or District C-2 and the general purposes of the zoning rules and regulations, to -wit, public health, safety, order, convenience and welfare of the community.t All regulations or parts of regulations in conflict herewith are hereby repealed." Zoning Petitions ' The zoning petition for the Marston -McCollum property was accepted and authorized for publication. Hearing before Mayor and Council to be June 28, 1965, at 7:30 P.M. The application requests a change in zoning from R-1 to Classification designated as District C. The second petition submitted by Robert M. Fowler refers to a parcel of land on the north side of Cherokee Road, 175 feet east from northeast intersection of Cherokee Road and Cherokee Trail. The petition requests this property be considered as District C zoning. Council set June 28, 1965 as the date for hearing on motion R. J. McCurry, seconded J. C. Porterfield. MEMO: This hearing is subject to the six months time limitation from'-d—af-e of previous application. The third petition heard by Council was requested by Mr. A. C. West to consider zoning of'th6 B. F. Reed property lying east of the L & N Railroad from R-1 to District C classification. Council, on J. B. Ablest motion, set the hearing date at June 28, 1965, 7:30 P.M., seconded Homer Kuhl and voted unanimous. MEMO: Mr. West appeared in Council and withdrew the pending applicafron for hearing on the above parcel of land. Council voted unanimous on D. L. Mixon's motion to accept the withdrawal based on expressed legal techni- calities. Five bids were Council approval to Lane. The bids were Bidder Hale Construction J. E. Lovern Lord & Kirkendahl B & B Pipe Line R. L. Hamby On motion by struction Company of specifications. unanimous. received in sealed envelopes in connection with install sewer lines on Estelle Court and Kathy opened and read in Council as follows: Location Estelle Court. Co. 0,889.58 2,984.20 4,071.20 3,772.22 7,784.75 Kathy Lane $1,521.40 1,4.10..30 19658.50 1,847.20 4,087.00 D. L. Mixon, the low bid of the J. E. Lovern Con - was accepted subject to tabulation and check out Motion seconded by R. H. Wood and voted In final action, the Council: 1. Referred the*1965 first quarter statement of Hensley - Schmidt, Inc. to P. J. Sutton•for checking out. 2. Requested revised statement ($4,057.98) from Sam Finley, Inc. covering Steeet and park labor and materials. 3. Deferred for committee meeting June 19, 1965, 9:00 A.M., finalization of the street committee report on repairs and 1965-66 budgets, and for inclusion on 6-21-65 agenda. 4. Discussed the Spring Road project regarding acquisition of rights of way. 115 (Continuation of June 7, 1965 Minutes) 5. Heard comments regarding pedestrian safety, east and ,west crossover, at the Spring Street light. 6. Authorized, on motion by R. J. McCurry, which carried, to install posts behind sidewalks at front of the Aiken building and to install (No Parking) signs. 7. Commented on a metal fence Concord Road, Otis White property, and referred the action on relocation of fence to Mr. S. P. Hensley.for report in Council June 21, 1965. 8. Confirmed, on R. J. McCurry's motion. -the appointment of Mr. W. D. Pate as City Auditor for 1964-65 fiscal year. 9. Set the date for the•first Council meeting in July on July 10, 1965, 9:00 A.M., by reason and pursuant to -the Charter, the first Monday in July falls on a regular holiday. -Motion by Homer Kuhl, seconded by J. C . Porterfield-. 10. Referred to Councilman J. B. Ables to check.on . incinerator codes. City Hall will deny business licenses for -sale of this equipment pending Council action. 11. Approved on motion J. B. Ables, erection of an arch type masonry sign at entrance gate of Smyrna Memorial Cemetery per request of Mrs."Maxie Nelson. Motion to adjourn 10:30 P.M., 6' 7-.65. Meetings to follow:,.. June-19, 1965, street and.,budget committees, 9#00 A.M. June,21; 1965, mid -month Council meeting, 7:30 P.M. June 28, 1965, fiscal year end Council meeting, finalized budgets and zoning hearings, 7:30 P.M. ***--"-* * :�iF•* *-**ir* it-* -;'r2. **i.,-r,-* ** ice-:;-**-r -.-* JUNE 21, 1965 The mid -month meeting of.Mayor and Council was held.at City Hall, Smyrna-, Georgia, above date, 7:30-o'clock P.M. Mayor Geo. W. Kreeger presided, six Council Members present, R. H. Wood, absent. Also, `absent, L. W. Charles, City Clerk, who was attending Georgia Municipal Association meeting. Invocation by Homer Kuhl. Mr. Richard Adams, 106 Stonecreek Road, appeared before Council seeking relief of a water drainage problem at 106 Stonecreek and a vacant lot next door. Mr. Adams also stated -the vacant lot was covered with debris and requested that it be cleaned up. Mr. Porterfield stated he had asked Mr. Broyles, Supervisor.6f Sanita- tion bepartment, to contact the new owner and have him cut out underbrush;'etc'. Mr. Broyles not present -at .this meeting. Mayor Kreeger appointed a committee of.D. L. Mixon, Chairman, J. C. Porterfield, and J. B. Ables to work with Hensley -Schmidt Engineers to"come up with a solution to this.problem. Mrs. Jeanette Evans, 282 Love Street, appeared -before Council requesting a clean up of the neighborhood and reporting a distur- bance of the -peace in the neighborhood the previous night. Mr. Ables stated the Police Department was investigating but were not at liberty to make a statement at this time. Mrs. Helen Lee, Den Mother, of - Cub Scout Den 5, of Boy Scout boys had made of City officials City, government. Mrs.. Joan Mayfield, and members Troup 426, presented puppets the in connection with their study of