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04-17-1967 Mid-Monthly Meeting57 APRIL 17, 1967 The mid month meeting of Mayor and Council scheduled to be held in City Hall April 17, 1967 was called to order at 7:30 o'clock P. M_. by Mayor G. W. Kreeger presiding. Councilman J. B. Ables was absent. All other Councilmen present including Department Heads, Building Inspector, City'Attorney and Consultant Engineer. In the first order of business, Mr. Knox Manning presented plans for a new concession stand for'the little girls soft ball park with request for approval. Mayor Kreeger referred all plans to committee with authority to resolve and approve said plans. Petitions -advertised and of record covering 37 properties (five parcels) for rezoning on Concord Road.on the north and south.right- of-way came up,for hearing. The petitions requested Council action to rezone the above stated properties from R-1 Residential to District "C" classification. Parcel #1 covers all properties on the north side of Concord Road from McLinden to Evelyn, Parcel #2, Evelyn to Hollis, Parcel #3, Hollis to Dunton, Parcel #4on south In right-of-way, the George P. Perryman property at the southwestern d� intersection Concord Road at Ridgecrest, and Parcel #5, all properties -'south side*on Concord from Ridgecrest to the Lot Line of Mrs. Pearl Reece's property known as 473 Concord Road. U Mr. L. S. Cobb, Attorney, represented the petitioners in Parcel #1, #2, #4, and #5. Mr. Emmett N. Donald addressed the Council as spokesman for the opponents of the zoning and submitted a ' petition of 93 property owners in the area of influence objecting to the proposed zoning. He cited speculation, multiple ownership, renters, parking problems, school crossovers, lot depths, depre- ciation over long period of transition, etc. In the final,action of the two and one-half hours debate, Councilman Homer Kuhl requested that Parcel #1, 2, 4, andi5 (represented,by Attorney L. S. Cobb) shall be considered as a separate motion and apart from Parcel #3. Mr. Kuhl so motioned, seconded by J. C. Porterfield, The motion carried .four to two, C. W. Armour and D. L. Mixon voting against. During further discussion and expressions from the.Council, J. C. Porterfield motioned the rezoning application as advertised with reference to Parcels #1, 2, 4---and 5 be denied. The motion seconded by B. F. Stewart carried five to one. Councilman, D., L. Mixon voting against the motion. )The final action came when - Councilman J. C. Porterfield motioned the petition to rezone Parcel #3 as advertised be and is hereby denied. R. H. Wood seconded the motion which carried five to one, D.-L. Mixon voting against. The Council listened to Mr. E. E. Cannbn.and Mr. H. M. Hofford requesting zoning variance of the southeast corner of Cherokee Road and Ward Street. This property was' zoned in August' and September 1964 to C-1 commercial 'and restricted to office or professional building. The variance brought before the Mayor and Council requested a superette type store, gasoline pump island and other businesses relating to utilizing the land for'its best uses. The Council accepted a petition signed by Mr. E. E. Cannon request- ing a public hearing to consider deletion.of the restriction of 1964. and to set the date for said hearing. On motion of Homer Kuhl, seconded by C. W. Armour, the Council voted to set May 15, 1967 for the hearing. A letter was submitted in Council from Calvary Children's Home requesting consideration for City sewer.facility from the new addition -to the City trunk line at Hawthorne and Marston. Mayor G. W. Kreeger requested City Engineer-J. E; David to submit- - estimated cost, pump and force main, for next Council meeting, May 1, 1967. Mr. - Meadows of the J., L. Meadows Real Estate Company' submitted- a sales contract to Mayor G. W. Kreeger for the purchase of the City owned property on South Cobb Drive. Action deferred to May 1, 1967. Mr. Carl Staton requested the Council to consider the issuance of a permit to sell produce on the private property of the Windy Hills Apartments on'Roswell Road. It was brought out that two grocery stores werelin operation in the immediate vicinity, C..W. Armour motioned, seconded by D. L. Mixon, that the application be denied. The vote was unanimous. �8 (Continuation of April 17, 1967 Meeting) On the recommendation of the Building Inspector C. M. Hamb, the Council authorized the issuance of a build , ing permit cover ng an addition to Sams Cleaners at Jonquil Shopping Center and a new structure of 3,340 square feet for the Gecr gia•Power Company office, and further approved the erection of a 37 foot roof spanning the building, Georgia Power office to the Lynch Align- ment structure. The above permit approved by Council on motion by Homer Kuhl, seconded by R. H. Wood. On the recommendation of the Building Inspector and per plat submitted, Councilman Homer Kuhl motioned for the issuance of a building permit for a funerallhome on Church Street to be built by Mr. B. C. Castellaw. All restrictions recorded in previous minutes regarding the funeral home site shall be adhered to. Motion seconded by R. H. Wood and voted unanimous. The annexation petition, E. Spring Road, signed by Alice I Deaton, Carl M. Deaton and John J. Deaton was submitted in Council and deferred pending check out by City Attorney regarding current Cobb County zoning, available sewerage facility, and right-of-way acquisition for Spring Road widening. A petition from John T. Blackburn for zoning from R-1 to R-2 Residential was submitted and on motion by Homer Kuhl, seconded by B. F. Stewart, the hearing date for one lot on the north side of Love Street -Extension was set for May 15, 1967. Bids covering Deerwood subdivision sewer facility, force main and pump station, were scheduled to be opened by committee on April 24, 1967, at 7:00 P. M., and submitted for acceptance by Council in May 1, 1967 meeting. Councilman B. F. Stewart is Chairman of the committee. Councilman R. H. Wood brought back the,problem and proposed agree- ment regarding'drainage in the Belmont School area. In a meeting attended by D. T. Roebuck, H. L. Holliday, Floyd Smith, Harold Willingham, R. H. Wood and J. E. David, a recommendation -was made to increase the size of the drainage pipe from 24" to 30". The original cost estimated at $1800 for 24." pipe was reported to cost $2400 for 30" drain pipe. This cost to be shared as follows: D. T. Roebuck $800, Cobb County Board of Education $800, City of Sm7rna.$800. The Council agreed on the increase in pipe size and cost in the amount of $800 and on motion by J. C. Porterfield, seconded by D. L. Mixon, the $800 expenditure was authorized to be disposed of at Councilman R. H. Wood.'s discretion. On Councilman R..' H. Wood's recommendation, Ernest Thomas was awarded the contract for reWbrk of the driveway, curb, and gutter at the King Street Health Genter in the amount of.$475. The above auth- orized on"motion by Homer Kuhl, seconded by J. C. Porterfield, and voted unanimous. Also authorized on motion by Homer Kuhl, seconded by J. C. Porter- field, was an expenditure of $350 for'paving three inch base and topping at rear of the City fire station.' This on recommendation of Councilman R. H. Wood. The finalized minutes of March 6, 1967 were adopted as 'submitted on motion by Homer Kuhl, second by C. W. Armour. The minutes of March 20, 1967 were approved as submitted on motion by Homer Kuhl, second by B. F. Stewart. The vote on both motions was unanimous with exception of March 20, 1967 minutes. C. W. Armour abstained by reason of absenteeism. The March financial reports showing the month of March expenditures with a nine months budget measured against actual expenditures were submitted in Council with comments from Mayor G. W. Kreeger. In final action, the Council voted unanimous to reject the malt beverage retail application of Mr. Paul Couey of 763 No. Atlanta Road. This on motion D. L. Mixon, seconded by Homer Kuhl. The Council voted four to two in'favor of issuance of a malt beverage pouring license to -Thomas Gore, operator of Tony's Pizza Restaurant, on Cherokee Road. This on motion by D. L. Mixon, seconded by C. W. Armour. Voting against the motion, R. H. Wood and Homer Kuhl. �9 (Continuation of April 17, 1967 Meeting) In other action, the Council: 1. Authorized police.investigation of wrecked car parked on paved area at recap shop adjacent to Sinclair Service Station, Atlanta at Spring. 2. Heard a report from J. C. Porterfield that Mr. Joe Lattanzi declined to coach the American -Legion team during current'year. 3. Heard a report on City Parks projects with comments on reim- bursement through the 1965 Cobb County Bond Issue. 4. Deferred to the next fiscal budget the invoice requesting payment of one compound water meter installed on So. Cobb Drive by -Cobb County. 5. Requested Councilman Homer Kuhl to follow up on Atlanta Gas Company sales office in Smyrna. 6. Rejected a plat submitted covering seven lots, Austin and Bagwell property on No. Cooper Lake Road, which showed 80f .frontage. The motion by C. W. Armour calls out 100f minimum W frontage on the above mentioned lots. Motion seconded by V D. L. Mixon which carried. There being no further business a motion was made to adjourn. The time 11:00 P. M. Next Council meeting May 1, 1967, 7:30 P. M. G. W. Kreeger, Mayor W. Cha es, City y Clerk C. W. Armour, Councilman Ward 1, es, Counci. man Ward 2, Sanitation Finance & Administration R. H. Wo6d, Councilman Ward 3, Homer uh , Councilman Ward 4, Streets & Maintenance Police, Fire & C.D. L, Mixon,/Councilman ard-77, Water B. CIF. Ste art, G cilman War'7, Treatment Plants n7lma n [tion