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03-18-1968 Mid-Monthly Meeting12 (Continuation of March 4, 1968 Meeting) Authorization to the City Hall to purchase the above described equipment in the net amount of $4,771.40 on motion by B. F. Stewart, seconded by J. C."Porterf ield and voted unanimous. The Council'authorized on Homer Kiih1's motion to amend the business license ordinance schedule of fees to include the title, Liqui- dation Store, at $200 annual fee. Motion seconded by J. C. Porterfield and carried. (Rate"applicable to Sears, Roebuck, Belmont Shopping Center, formerly Myers -Dickson Furnitire Store.) Councilman J. B. Ables discussed additional personnel needed at the public library and requested hiring of an applicant who will work two hours each evening at a rate of $2.50 per hour. The motion of Homer Kuhl to hire the applicant if she meets the qualifications at the above stated rate was seconded by J. C. Porterfield and voted unanimous. Councilman C. W. Armour called out additional containers required to serve new commercial establishments acid reported the immediate requirements as follows: Two 2 cu. yd. containers Three 4 cu. yd. containers Two 6 cu. "yd. containers The cost reported at $2,080.00. Though capital expenditures to date are in excess of budgetary control, the Council authorized the purchase of additional container equipment. Mayor G. W. Kreeger authorized the following committee'to review and approve the City of Smyrna up -dated electrical code: Councilman J. B. Ables, Homer Kuhl, J. C. Porterfield and L. W. Boring.' In the absence of City Attorney Berl T. Tate the following items were deferred to the meeting of March 18, 1968: Agenda Item No. 5 Terminate Lease --The Highlanders; Item No. 6, Quit Claim Deed, Board of Education; Item No. 7, Amendment to Smyrna House Bill; Item No. 8, Ordinance, Tax Returns by Mail; and Item No. 10, February Minutes. ' There being no further businesg, for adjournment, the time 8:35 P. 7:30 o'clock P. M. Councilman R. H. Wood motioned M. Next meeting March 18, 19689' MARCH 18, 1968 The mid -month meeting of Mayor and Council was held at City hall, March 18, 1968 at 7:30 o'clock P. M. Mayor G. W. Kreeger presided with all Council Members present. Others in attendance: C. M. Hamby, Building Inspector, City Attorney, Berl T. Tate, J. E: David of City Public Works, Consultant Engineer P. J. Sutton, and the local press. Three petitions for zoning and one zoning hearing, all on Cherokee Road came up in the first order of business. All of the following improved lots (4) are located in general commercial District "C" previously zoned by Mayor and Council. On motion by J. B. Ables the hearing date was set for April 15, 1968 for rezoning from District "C" to'C-1 commercial a parcel of land known per present numbering system as 754 south right- of-way Cherokee Road, the C-1 zoning restricted to Land Use Permit for Alert Realty Company office. Motion seconded by J. C. Porter- field, the vote was unanimous. On the second motion by J. B. Ables, seconded"by J. C. Porterfield and carried, sets April 15, 1968 as the hearing date to consider rezoning from District "C" to C-1 commercial, Land Use Permit, 129� (Continuation of March 18, 1968 Meeting) restricted to Tate's Botique and Beauty Shop. Property per present numbering system known as 636 Cherokee Road on south right -of -.way, lot No. 3-A in LL 375. The third zoning petition was voted unanimous by Council on motion by J. B.. Ables, seconded by B. F. Stewart, which calls out April 15, 1968 as .the scheduled hearing date to consider regming the following property from general commercial District "C" to C-1 commercial and restricted to gasoline service station. The rental property fronts on Cherokee Trail, also north side of _Cherokee Road, with C-1 zoning at the rear lot lines and C-1 zoned property on the south right-of-way of Cherokee Road. Petitioner L. W. Charles to submit plans on specifications for brick structure and hold option of record from purchaser. Hearing per advertised petition of C. J. Hay from District "C" to C-1 commercial, restricted,to Old South Barbeque Restaurant, lo- cated at intersection of Cherokee .Road and Burbank Circle, south (No. 601), was per motion of J. B. Ables, seconded by C. 0. Canada, zoned as advertised and requested. Some opposition was heard regarding sketches showing structural changes and parking areas. 11J Land use permit authorized on vote of six to one,. Councilman Homer d� Kuhl voting against. `Hearing on advertised petition to consider rezoning sixty-six. U parcels of land on Concord Road Dell Avenue and Rid ecrest from R-1 residential to commercial District "C" came gme up before Council. Approximately 150 citizens were present. Mr. Hershel Ray, spokes- man for proponents, submitted a plat of the area showing the sixty- six.parcels plus eight parcels that did not approve or .did not sign petition. Spokesmen against the zoning proposal in.order of their appearance: Sgt. E. N. Donald, John Lee, Paul Lee, R. J. Merritt, G. Johnson, Mrs. Max Norris, Ray Plunkett, Don Brown, Ben Griesman, .Bruce King and Mrs. Reece. Spokesmen for the zoning: Hershel Ray, C. E. Jones and George Perryman.. For one and one-half hours Council listened to the usual objections associated with zoning petitions, mostly rear yard parking, speculators, devaluation.of remaining R-1 areas, coercion directed to.tho.se in opposition. Discussion and expressions around the Council table came from Mayor G. W. Kreeger, Councilman J. C. Porterfield, J. B. Ables and Ward No. 4 Councilman Homer.Kuhl who spoke in favor of new structures, proper set backs and removal of present residential buildings. Motion made by Councilman J. C. Porterfield to deny the advertized rezoning request covering the sixty-six parcels from R-.1 residential to general.commercial.., District "C". Three.votes•were..recorded for the motion on second by B. F. Stewart. For the motion, J. C. Porterfield, R. H. Wood, and B.. F. Stewart.. Voting in opposition to the motion for denial: J. B. Ables, C. W. Armour, C. 0. Canada and Homer Kuhl. Rezoning of the sixty-six parcels carried four to three. The following is the recorded Minutes per motion of J. B. Ables setting up future restrictions on sixty-six parcels per above motion. Motion, "The above described property zoned from R-1 residential to general commercial, District "C" shall, 'per Council action' carry the following restrictions: (a) "All existing structures be 'removed when developed and prior. to request for Land Use Permit or application.for City of Smyrna building permit.- (b) "Masonry type construction to be mandatory on all commercial structures and shall meet City of Smyrna existing building codes. (c) '"That a minimum set back of fifty feet from right-of-way of Concord Road to front wall of commercial buildings be and is hereby established. (d) "That no existing building in the approved zoning of the sixty- , six parcels shall be used for commercial purposes" Motion as stated was seconded by Councilman Homer Kuhl. Motion carried five to two. For the motion: J. B. Ables, Homer Kuhl, C. 0. Canada, C. t4. Armour and R. H. Wood. Against the motion: J. C. Porterfield and B. F. Stewart. 130 ✓ (Continuation of March 18, 1968 Meeting) Petition of Atlanta Properties, Inc. for rezoning approximately 2.5 acres in LL 848 from District "M" light industrial to R-2 multiple family dwellings (apartments) came up for hearing. - There being no opposition, Councilman J. C. Porterfield moved to rezone as advertised, M-1 (Cobb County zoning prior to annexation) to R-2 City of Smyrna,. apartment structures.. Motion passed'by unanimous vote on second by B. F. Stewart. MEMO: The above advertised as Parcel No. 1. Parcel No. 2, Atlanta Properties Inc. petition, as advertised to rezone a strip of land in LL 777 and 778 from R-2 Duplex - restricted (See Minutes of 6-6-66) to R-2 multiple family (apartments) was the next item brought before Council. The property per plat of record is 264 feet in width and 2613.45 feet in depth. Several citizens in the area of Rolling View and Brenda Drive appeared with request for buffer area. Council= man C. W. Armour spoke on buffer zone and the blocking of Jonquil Park drive. In discussion, J. B. Ables moved the zoning petition as advertised be approved from. R-2 duplex to R-2 multiple family. (apartments) with a minimum of, a fifty foot natural wooded .buffer on the west boundary line of above described land. Motion seconded, B. F.. Stewart and voted unanimous. Commercial building permits called out and per Building Inspector C. M. Hamby recommended to Council for approval as follows, all on unanimous vote except as noted; 1. New Shell gasoline service station, N. E. corner Atlanta Road and New Spring 4-Lan#- -- approved, motion J. B. Ables, second J. C. Porterfield. For the motion (six), abstain (1) B. F. Stewart. 2. Pizza Inns of Georgia, Old Concord Road, one.sign 41x20' on building and one pole type sign in parking lot. Motion B.F. Stewart, second C. W. Armour. - 3. Mr. Jack Boone, office addition, 2450 So. Cobb Drive, 771x 31' or 2387 sq. ft. Motion J. C. Porterfield, second C. 0. Canada. 4. Atkins Pharmacy, Atlanta Street. Re -letter and install sign similar in dimensions to "Atherton's". Motion C. 0. Canada second by C. W. Armour. 5. ' R. M. Martin, Butler type metal building 45'x50' on Bourne Drive. Motion B. F. Stewart, second C. 0. Canada. 6. Rich's Inc., Cobb Center -- 43,000 sq. ft..one story addit-ion on north side of present structure,• estimated. $447,000.00 commercial improvement. Motion to issue permit C. W. Armour, second B. F. Stewart. 7. Mr. Davie of Lexington Apartments on Roswell Street. Permit for fifteen additional apartment buildings: ten 2-bedroom and five 3-bedroom. Permit issued per motion B. F. Stewart, second C. 0. Canada. - 8. Tenneco Oil Company, two signs 10'x30' for automated food service store, So. Cobb at Jones Shaw. Motion by B. F. Stewart, second by C. W. Armour. Per request (Agenda Item No. 8) for Council approval or rejection, E usage of old theatre building for commercial purposes (Roofing Company), Mayor G. W. Kreeger appointed the following -committee for inspection, check out and report 4-1-68 in Council: Building, Electrical and Plumbing inspectors and Smyrna Fire Chief:. Complaints originated from citizens in area of Lexington Apartments regarding structures backing up to Roswell right-of-way. Developer, Mr. Davie, agreed to build porches on apartment structures No. 1 and No. 25 which back up to Roswell, plus three buildings with rear of structure backing up to Whitfield. Also, agreed to install .screening wall.at stair wells plus masonry fence along the Roswell Street .property line with redwood or basked weave fencing south from masonry fence at east and west side yard property lines. � f T F ; 6 j f (Continuation of March 18, 1968 Meeting) 131 Council reviewed entrance and exit lanes into Dutch Farm Store, Roswell and Mathews. Plans submitted by owner F. J. Johnson ;were amended and returned to Mr. J. E. David for check out. Council approved termination of the Highlanders' Garden Club lease on the premise of non -usage by said club and on -motion by C. W. Armour declared the property surplus and no longer needed by the City of Smyrna with authority to advertise and sell to the best bidder at approximate current market value. Motion secondedsby J. C. Porterfield and voted unanimous. Councilman Homer Kuhl -discussed and called out certain depart- mental expenditures by accounting distribution which were re- ported in excess of February 1968 budgetary allowance plus several departments in excess per the report of eight months cumulative fiscal year operations. It was pointed out that General Fund operations for eight months through February 1968 amounted to $493,054, budget for same period $535,268, balance unexpended $42,214. Prospect for revenues, March, April and May 1968 will not justify overspending for General Fund oper- LM ations through fiscal year. M February Minutes 2-5-68 and 2-19-68 were approved on motion by W J. B. Ables seconded by B. F. Stewart and voted unanimous. (One change was noted and corrected prior to inclusion in City of Smyrna finalized Minutes Book.) Consultant Engineer P. J. Sutton to make tests of base, compaction, etc. plus reasons for deterioration of Ward Street paving and report all findings in Council. Also referred to P. J. Sutton, Church Street progress for resur- facing and widening by reason of sidewalk installation. Estimates requested. Purchase of trailer for Parks Department lawn mower approved. Cost $86.50. Councilman C. 0. Canada authorized to write letter to Cobb County Commissioners requesting dragline operations, Jonquil Park swamp area. This on motion J. C. Porterfield and seconded by B. F. Stewart. Committee meeting set by C. W. Armour to discuss engineering expenses, reports, etc. Agenda completed. No further business before Mayor and Council. Motion made to adjourn 11:35 P. M. Next meeting April 1, 1968, 7:30 P. M. 132 (Continuation of March 18, 1968 Meeting) G. W. Kreeger, Mayor L. W. Charles, City Clerk CO W. Armour, Councilman Ward 1,. B. Ables, Councilman Ward 2, Sanitation Volice, Fire & C.D. R. H. Wood, Councilman Ward 3. Homer Kuh ,,Counci man Ward 4. Streets & Maintenance .Finance -& Administration C. . Cana , ounce man Ward 5,C. Porterpield,, Councilman Parks & Recrea ion and 6,. Tredtment Plants B.` F. Stewart, Councilman Ward 7,- Water 1