04-15-1968 Scheduled Mid-Monthly Meeting135
(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.°
136
(Continuation of April -15;, 1968,.Meeting)
The petition -of_ Dan. and Mabel Tate for Land Use Permit, Beauty
Shop,._..636 Cherokee Road,,came up for hearing. A sketch of the
remodeling to the residence, the driveways and parking area
was submitted in Council -for conversion of the property from
District "C" to Land Use Permit, Beauty Shop, restricted. The
Council .accepted the improvements and on. motion of C. W. Armour
issuance of Land Use Permit, Beauty Shop, restricted, was
approved. Motion seconded by J. B. Ables and voted unanimous.
The request of`Mr.Johnnie Morris fora Land Use -Permit, Real
Estate Office, restricted, for the property known as 754
Cherokee Road came up for hearing before Council. A plat of the
residence together with a schedule of proposed repairs was
submitted by the petitioner., r... Morris , owner of Alert Realty,
Inc., was absent and not represented in Council. Citizen George
W. Carraker appeared in opposition to the proposed Land Use Permit
by reason ; of his; stated interest in the property. A motion to
deny issuance . of the ;permit as 'called out in the application -for
a Real Estate ,Office,.; was :,made 'by, -,Councilman_ .J..B. Ables, .seconded
by J. C.. Ported ie ld, -and voted, unanimous
The advertised petition. to . change -.thel zoning .of .the ,property .known
as 866 and 870 Cherokee Trail from District "C." commercial ,.to .
Land Use Permit (C-1 commercial area, restricted) Gulf Oil Corpor-
ation Service.Statiou,.came up,for hearing...,The-petitioner, L.
W. Charles, was represented in -Council by Attorney Garvin-L., .
Sames. Presented in Council, in compliance with existing rezoning
regulations,.were the complete plans:showing.,future plans, grade
level,' type ,of construction, artist's sketch of the structure,
terraces,, ramps and sidewalks,, plus. the plans, showing ties lay
out of the Gulf Service Station ,on the property: Several citizens
residing, 'on Cherokee Trail appeared in opposition,, deatils of their
statements, ;withheld and, -not recorded.. During the discussion around
the table, Councilman•.J., C.,.Porterfield motioned that -the appli-
'cation .for. the Gulf Oil Service.,Station"shall: and -hereby is denied.
The motion was. seconded, _by B. F. ,Stewart.. The; vote. for the -motion
to deny,' J. C. Porterfield, B. F. Stewart, J. B. Ables, R..H. .
Wood, -and C.. ; 0. Canada. ...Councilman C: ,W. Ardour abstained by -
reason of conflict _of, interest. ...Councilman Homer Kuhl .absent..
Motion carried unanimous.
Item 7 of the (Agenda ,,called. out ra- petition for a ,permit,_for an
insurance office on -the Patterson property recorded elsewhere in
the minutes as,,the Conwick Corporation and known as -lot 10 and h of
lot 14 at the dead .end - circle .o'f Cherokee Trail. ..(References
hereby directed to Page 246.of-the June 24, 1963 Minutes which
records the .action on the petition for rezoning.. from R-1 and
R-2 .residential to'. C-l; commercial, all ,properties of -the..Conwick
Corporation. Themotion to rezone per advertised petition by
R. J. :McCurry ;,.second J.. ,W.,.Webb, and, voted •unanimous. )-, Im
connection, with ,the request for ;insurance ,office permit,-J. C.,
Porterfield motioned the issuance of said permit is hereby denied.
The motion (seconded, by, B. F. Stewart and ,voted unanimous.' . The
second. motion, concerning the Patterson:,property known as 950
Cherokee .Trail sets, the ,date -.of -May, .20,..19.68 -for public hearing
to rezone the described property from C-1 commercial to R-1
residential. Motion by J. B.'Ables, second B. F. §tewart, and
voted unanimous._ - MEMO:, See Minutes , of June 24 ' 1963 and maps
of records.
The Council rejected the use,of the.Frank Stewart property,..
861 Cherokee. Trail, :as an office for the. sale of signs and
requested that the petitioner or owner'apply.for rezoning,
District "C" to C-1, Land Use Permit, restricted.
The following, building, and, sign .permits- were called out in,.
Council by building inspector,C. M. Hamby and per his recommend-
ationwere ,approved as. -follows:. :.;_�_. ... ...,
I. .Professional building_ ,on Church) Street (formerly- Cantrell
home place). Building,permit issued on motion by C.. W.
Armour, second C. 0. Canada, and voted unanimous. This
permit subject to receipt of requested plot plans.
137
(Continuation of April '15, 1968 Meeting)
2. On motion-J: t. Ables, second R. H: Wood, permit was issued
for two. additions of the ','M.-D..Hodges commercial structures
on South Cobb Drive. -The petitioner requested building
permit 'for 'a shell type .building, 'next south of the Royal
.Drug'.Store.,' and addition 'to Sears, .Roebuck & Company catalog
office. Issuance of permit subject to receipt'and-approval
of plans. -
3. C. W. Armour's motion authorizes issuance of a sign permit
for J. M. Gibson's Barbecue Restaurant on Atlanta Street.
Consultant engineer P.. J-. Sutton reported in Council his-1 indin'gs
regarding tests of the Ward Road surface and base deterioration.
Comments were heard concerning the 900 square yards of -repair
surface required and the amount of retainage ($1509.52) from
Neel Contracting Company. Mayor.G. W. Kreeger appointed J. R.
Ables, Chairman, - R. H. Wood-and-,C. O.i Canada as a committee to
meet with..Mri' Neel. -of Neel Contracting Company, said- meeting
date set. for April 22,•. 1968.
1-0 __Mr. Branscome. of Galax,. - Virginia, ..owner of - the old theatre building,
d�+ appeared in Council and was..given the oppvrtunity to discuss his
__.reaction to Mr. C. M. Hamby's letter of April 1, 1968 regarding
condemnation of -.the' building'.. City building inspector, C. M.-
U Haimby, reported the building as unsafe and suggested Mr. Branscome
retain a registered construction engineer to inspect.the building
and. submit' plans to the -Mayor and; Council-. A meeting' was- scheduled
by -Mr. Hamby's committee -to -meet with Mr. Branscome April 16, 1968.
Insurance committee -chairman J. C. Porterfield called -a meeting
of his committee to --be held April 20, 1968 fora final report to
Council in regard. to employee insurance - coverage.
In connection with employee. welfare, Councilman -J. C. °APorterfield
motioned, seconded by B. F. Stewart which carried, to adopt the
following;policy�effect ve..January 1, 1969 with inclusion in the
1968-69 i departmental budgets,: . The motion,. ."All' City employees
with a service record covering ten consecutive years shall;
effective January 1,-.1969,earn and,be entitled to three weeks
paid-. vacation.:_ For control, of vacation earned.. by -City'- of. Smyrna
employees, it shall be the rule that all vacations shall commence
on or after elegibility date (hiring date) and shall be taken
within the year said vacation is earned, otherwise it shall be
forfeited." NOTE: It shall be the annual assignment of each
department -hea�o •prepare, and submit a schedule of departmental
vacations with approval by the Council Committee Chairman to the
payroll.department of City Hall for the year 1968 and each year
thereafter.
The March 4-,�1968 Minutes?o`f Mayor and Council were approved''on
motion by'C.-W.'Armour,'second B. F. Stewart, and carried. The
Minutes &V March 18,.1968,'were approved as corrected,on motion.
by, C. W.-Armour, -second B'. ; 'F. Stewart, and voted' "unanimous:
The following;_retail.:malt beverage license applications were
approved:
1. Application of 'Earl L Meeks, .2278 Old Coii66i^d` Road, approved
for pouring license on motion C. W. Armour; second by-C. 0.
Canada. Motion carried four to two.
2. Application.of William M. Sparks, 755 North Atlanta Road;'
approved for retail packs*e store on motion by C. W. Armour,
second C. 0. Canada. Motion carried four to two.
3.. The third application for malt beverage package store for
Sam Theodocion to be known as the Concord Package Store was
approved by Council on motion C. W. Armour, second C. 0. Canada.
Voting for the motion, J. C. Porterfield, C. W. Armour, C. 0.
Canada. Opposing the motion, R. H. Wood, B. F. Stewart, J. B.
Ables. On the tie vote, -Mayor G. W. Kreeger voted for the
motion which carried four to three.
13
(Continuation of"April"15, 1968 Meeting)
1
The Council -'voted unanimous. -to reject the•malt beverage package '
license for Majik Market; South Cobb, -at Cherokee, by reason the
petitioner has a non-.resident'address. .
In the final action, the Council discusbed committee'and depart-
mental reports as follows:
a. Councilman J..B. Ables commented on the overall Cobb County
sewer plan 'and .the" proposed increase' of coast per customer."
per' month. '
b.
The
the time 9,.1+0 P. M.
eger, Mayor
Go W, Armour, Councilman Ward L.
Sanitation
v
R. H. Wood, Councilman Ward 3,
S s Maintenances A
v4r v. W"LIac �a, aav vvcsaa�.iaauaa• ".79
Parks & Recre
F.'StkOart, Councilman' Ward 7,
Water
Because 'of limited .storage area; R. H.' Wood requested..per-
mission •to declare surplus -arid advertise 'for .sale three old
trucks considered non:usable by Mr. J. E. David.
Complaints originating from citizens.in the area of Brockt.s
Welding Shop were brought.before Council by Councilman-C.'O.
Canada. Mayor Kreeger appointed a committee -to check out
and report as follows: C. 0. Canada,,J. C. Porterfield,
C. W. Armour. Committee requested to follow up and report
on complaints with authority'fbr,action. `This per motion
R. H. Wood, ° second B.F. Stewart.
Councilman C.'0. Canada spoke on Jonquil Park improvements
and. was- requested to secure bids:for` submission in Council;
On motion - by C. 0.. Canada,'- second C. W; Armour', the Council
by -unanimous vote adopted a resolution that the week of May
5 throu*h May 12, 1968 be and the same hereby is set aside
and officially designated. -as. Crusade Week.
The Council on J. B. Ablest motion aggreed_ to issue' &" permit
to solicit funds at street intersections in Smyrna for the
American legion Baseball league.
The Council agreed''on J.' C. Porterfield's-motion to permit'
the Little League. Parade .on the streets of -Smyrna on' April'
279 1968.
re being'no further business, 'a motion•was•made tb-adjoura,
rV
L. W.-Chadilbea,, City C er
es, ounci an Ward 2.
olice Fire & CD
�>�G" '//
omer Ku , Councilman Wa ,
Finance & Administration
�. G. Porterf' ld, Councilman
►ard 6, Treat,nt Plants