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04-01-1968 Regular MeetingAPRIL 1, 1968 A regular meeting of Mayorr and Council was held pursuant to the Charter on April 1, -1968• and called: to older by Mayor G. W. Kreeger at 7:30 o'clock P.. M. All Council Members present.in- eluding City Attorney, Building Inspector, Public Works Head and Consultant Engineer. In the first order of business, Mr. Robert M. Fowler of Poston Realty Company, requested the Council to authorize the Mayor to affix his signature on an -option for a post office located on the City owned property on South Cobb Drive in the amount of $100,000. Motion by Homer Kuhl authorized the option, covering a ninety day period, be ,prepared and submitted to the-U. S. Post Office in Smyrna, Georgia, stipulating -a ninety day time limitation and a purchase on an as is'basis. Motion seconded by B. F. Stewart and voted unanimous. The Council set on J.- C..•, Por..terfieldl-s.,motion, May: 6, 1968. as the hearing date to consider rezoning the property at,779 Kennesaw Way from R-1 residential to C-1 commercial area. -Motion voted Lo unanimous on C. W. Armour''s second. zoning• U Q An automobile parking area approximately ninety feet square located at the rear of the.Cobb Drive Medical Building came up for hearing per advertised petition. The parcel of land adjoins the existing asphalt parking lot at the rear of the medical building and is a portion.of Lot 3, Block B, Unit 4 of the Cheney'Woods Subdivision: No opposition -was in attendance, therefore, Councilman'J. B:-Ables motioned the property be re- zoned from R-1 residential to C-1 commercial for automobile parking.-'-Motion,seconded,by•B. F. Stewart and voted unanimous. A'building permit covering the East Spring Road neighborhood shopping center was brought before Council and on the recommen- dation of building inspector C. M. Hamby the building permit was - approved. -The-motion by J. B. Ables authorized', issuance,-,of� the building permit subject to check out by Mr. C: M. Hamby"and`J. E. David for drainage control, fire hydrants, incinerator, drive ways -And parking. • ,The motion-as.,stated seconded by C. 'W. Armour which, car"ried •- = The committee assigned by'the Mayor to check out the old theatre building submitted their report as follows: a. The walls 'of concrete -block -Are badly , cracked. b. Wood framing of the.roof structure neglected and rotted. c. Outmoded sanitary system. The inspectors, building, fire, electrical and -plumbing, reported the old theatre building, corner of Atlanta and Sunset, very, ,C unsightly, a fire hazard, with a recommendation that the report showed sufficient cause',for condemnation. M6tion,'on,.the above action by Councilman J: C: Porterfield; second °by- B. ,F.-'Stewart. The vote was unanimous. 'City Attorney Ber1.T: Tate to follow up and report same to Mr. C. F. Branscome, the owner, of Galax, Ma. The Council- granted- permission for -issuance -of aYpermit to park one- 16 -foot camper on •the`�property located-Jat• 101- Parkwood--Drive for 'a period of one year to Mr. Don -J. •-Mullins Permit is� subject to the revocation clause per ordinance of record and renewable through -Council action within twelve"months from -above -,date. Motion by J. C. Porterfield, second B. F. Stewart,•tand,voted unaiumous . _ - .irr '.'/AJ.T ) t..t .- .f... 'ril; . _ .. . .. .. J.�. J u.a ♦- l.. l9r The Mayor and Council discussed the,updating•o€the City of -Smyrna traffic control devices so as to meet the standard requirements by,December-31,-,1968-as called out=in--,the=•State"Highway Manual. The discussion hinged on speed and school signs, school cross walks, speed -zones on connector streets, ••-•and- relocation of school flashers:` The estimated cost of relocation of school flashers per report of Mr. Adams-of--Hensley-Schmidt was $2,000 and $3,000 if converted with manual operated mechanisms.' 134 (Continuation of April 1, 1968 Meeting) The cost of paintinji'-school cross walks was estimated at $500'for 6,000 fee.t.of school cross walks as compared -with $2,000 for plastic reflective tape with a life of three to four years. Other discussions hinged.on the Love -Street traffic control. light, the third hale on South Cobb Drive, and updating -of the traffic control light at Cherokee and 61d.Spring Road. Mr. Adams, consultant engineer, was requested to set up specifi- cations and let bids for opening before Mayor and Council in meeting of May 209 1968. Councilman Homer. Kuhl, chairman of finance and administration, requested that tentative budgets.-anaiysea.by department be prepared and ready for - review- as of the meeting -of May 209,1968 and that final adoption of the 1968-69 departmental budgets be approved on or before June 15, 1968. General.Fund operation revenues (tentative) to -be -submitted by May 20, -1968. Councilman Homer Kuhl referred to the amended malt beverage ordinance of May 1, 1967 regarding section 7 of said ordinance under the caption, Location of Business, as follows: .No retail malt beverage shall be sold from any property unless zoning regulations of the City of Smyrna have been met. No retail -malt beverage shall be sold from any -building located within -three hundred (300) .feet of a. -library, church or city or county school, said measurement to•;be made.-from.building to building at .the nearest point of measurement and no retail malt beverage shall be sold from any,building located within two hundred (200) feet of a residence located within an R-1 Zoning District, said measurement to -be made -as hereinabove specified. Motion by Councilman Homer Kuhl to amend Section 7 of.the May 1, 1967 Amended Ordinance to read. -as follows :- a. No malt beverage shall be sold -from any•building located within five hundred (500) feet of a library church, school -or public building. b. No malt beverage shall be sold from any building located within three hundred (300) feet.of a residence located within;an R-1 zoned. district. Said measurements in both.instances to be made from building to building. The motion seconded by B. F. Stewart,.carried. ?Voting for the amendment as above stated.J. B. Ables, R. H. Wood, Homer -Kuhl and B. F. Stewart.. -Voting against the amendment to the -May 1, 1967 malt beverage ordinance, C.-W. Armour, C. 0. Canada and J.-C. Porterfield. MEMO: SEE 5-6-68 Minutes A meeting (insurance bids) was scheduied-by the chairman, J. C. Porterfield, on Saturday, April 6,. - 1968, . 9 :30 A. M. Mayor G W. Kreeger'requested reactivation of .the,scheduled committee meetings of the Smyrna Safety -Council.; Appeal from Recorder's Court of March-26,:1968 was read in Council concerning the violation of--the,City Animal Ordinance. The citizen J. A. Bradshaw, through his counsel_Zean E; Johnson,.Sr.,-re- quested to,;be heard before the full Council.. Date of the hearing per -motion Jr C.:.Porterfield was. set. for April .15, 1968. .Mayor G.. W., Kreeger requested City : Attorney and the. City Clerk .to discuss and,report-on,a,Charter deletion requiring :all Fi Fa's to be turned over to the, police department. during .a period -of ninety-days,for,the.purpose of collection of delinquent prior year..taxes •It was brought.out that the Pi Fa's of record are filed for recording during the month of March, or within ninety days from the closing of the tax books, or 12-31-67. " 135 (Continuation of April'l, 1968 Meeting) There being no further.business,.a motion by,.Homer Kuhl to adjourn the meeting, „the time 9..10 .R. M., 1 Next scheduled, meeting April„15,_1968.. APRIL -15, 1968 The• scheduled - mid -month meeting -of- -the Mayor and Council was held at ;tl e k City Hall,,' _Smyrna, 'Georgia.,• April= I5, - l968,--at - 7-:30 o'clock P..-M.- Mayor .G. .W. Kreeger - presided - with six Council -Members present. Councilman •of, Ward' No, g',. Homer Kuhl, absent -by -reason of out of town business. Others present, -building inspector, C. !M:i_Hamby, J. E,. David of, :Public'-Wor-ks,= .L. W.; Charles; -and P., J.. Sutton, ,Consultant Engineer. - CV No citizens were, . present. to bring .problems ' before -the Mayor .and Council• Mr-. Bernard -Long brought before the -Council s 'proposal• !in --the form :of, a waiver "of :the.iCity :of. -Smyrna side yard 'regulations ­ covering approximately: sixteen. "lots on Deerwood Trail,- said lots recorded. -as Unit No. 2 of the Deerwood Subdivision, west on � ' • Concord. Road.. The-' problem hinged on,"visitations at City Hall from 'citizens in Unit No. .1 who registered complaints - regarding structures of less value than the. completed homes; in Unit No. 1, and further that the houses under construction in Unit`,No.•2 did not comply with current side -yard regulations. The following waiver from the minimum 24 foot side yard -as provided in the Comprehensive Zoning Ordinance , was,*approved ,for .lot-s listed below, on motion by J. B. Ables .which carried: Lot 11-A, 2 foot- waiver, carport side -Lot' 12-A _, 4-foot waiver, -carport- side Lot ..13-A 6 foot waiver, carport side'' - - Lot 14-A 1 foot waiver, carport side _._i :Lot--lS-A - •}•---- - 2 foot -waiver. carport side - Lot. 12-E 1 Moot .waiver; car -port side o.. •' The,(scheduled hearing•"•before Mayor and -,Council, of, the .J..At. -Bradshaw appeal-.was'postponed on J. C. Porterfield•s motion -to May 6, 1968 by reason "of • absence of-��Jean &,, `Johnson,'. Sr..,' -Attorney. -,representing Mr. .Bradshaw.. Tile motion, seconded by 'C., 0. Canada and" carried. A motion: -by' Gi _W....Armour. sets', the date•!for­ hearing- -of the appeal ' of F. L.. Sorrows -(City police officer --resigned) at1 May 6 j 1968.- Motion seconded by J. C. Porterfield -and voted unanimous. A ,petition, for- rezoning was, read; in Council -and)-the- -date !set,.for the : he'aringl •per motion-. by) J: -.C: ,--Porterfield -ca119s out May -20; ­ 1968. Motion seconded by C.-W. Armour and carried. -The property involves two parcels of_ land in LL 304. Parcel No. one 150 feet by 200 •feet::to rbe rezoned per petition -from R-2 apaitment&,,to1 C-1 commercial. - Parcel No.. two --to be* rezoned �;per--petition) from R-2 apartments, to District IICtt Council also -set May 20, 1968 for hearing -on the petition to rezone.- two parcels ..(seven!Aots) :on the south right-of-way. of Roswell; Road from Crambley. Drive to, the intersection of Mathews Street. The petition requests Council consideration to rezone the described parcels from R-1 residential to District "C" commercial.-- The above) on, motion .by J.. C.•- Porterfield, •-voted - unanimous on -the second by-,C. W. • Armour.°