03-01-1971 Regular Meeting366
f 7 March 1, 1971
The regular meeting of Mayor and Council was held pursuant to the Charter at
Nity Hall, Sinyrn'a, Georgia, March 1, 1971, at 7:30 o'clock P.M. Mayor . .
Harold L..Smith presided and all Council Members" were present. Also present;
were City Clerk, L. W. Charles, City Attorney G. W. Carreker, D. Scott
Jackson, Tax Assessor,'J. E. David, Supt-. Public Works, N.'Proctor, Building
Inspector. Leon ,Hood; Chief,of Fire Department C.-C.- Porterfield, and Assi�s-
tant Chief, Donald Atkinson, Dick Williams and George Hardy of Mayes, Sudderth
and Etheredge, and a representative of the Atlanta,Journal, Marietta Journal,_
and WBIE.
Mr. -Dallas Guthrie represented the pet itioner•.for-.the 'rezoning.of the B.-,F•.+.,
Reed property)on Marston at railroad r.o.w., ,The: request was to.change:the,zon-
ing from C-1 to C-2 for the purpose of a retail lumber business. Cit.i.zens,..
T. L. Dunn, R. J. McCurry, Hugh McCollum, Ed W. Tinsley and others appeared
in opposition to the rezoning listing traffic hazards, storing of materials
outside the building, and the closeness to R-1 residential area. A petition
was also presented-wi-th-nineteen signatures stating they objected to the
rezoning: Mr., Robert Starr, 1308 Marston Street, who was.present, struck his
name from,the petition stating. -he did not object.,- After fur-ther discussion
Councrlman-Marston Tuck motioned that the property be'rezoned to C-,2 as
requested, exc)luding.manufactur.ing'.and cabinet making of any kind.- The motion
was seconded by Councilman Arthur T. Bacon. Voting for the motion toyrezone
the property to C-2 area were Marston Tuck and Arthur T. Bacon. Voting
against the motion: J. P. White, Hubert Black, C. 0. Canada, Homer Kuhl and
J. C. Porterfield.
A request was submitted to Council by Mrs. Ralph Goodwin, 1485 Roswell Street, for
permission to_ place mobile home at this -address for the purpose of living
quarters for Mr. Avery Smith, the a brother in-law, veteran of World War I,.and.now
under doctor's care. A petition signed by a,ll residents within-300 feet"of.
the residence saying they, -did not object and a letter from Dr. William A.
Hopkins ,tell ing.of Mr.'$-mi,th'.s condition. were submitted. ,,On motion by C
Councilman J. P. White, seconded by Councilman C. 0. Canada, the request was
approved subject to removal of the trailer when no longer used for the pur-
pose for which it is approved. Vote on the motion was unanimous. Annual
renewal required.
Mrs. Robert Starr, 1308 Marston.Street,, appeared -before Council with a.request
for a residential permit for the purpose of clipping poodles, daily only. A
petition was submitted with signatures of residents within 300 feet stating
they did not object. Councilman J. P: White moved the permit be approved;
however, the motion was withdrawn when 'R. J. McCurry opposed, stating his
name had been left off the petition and he lived within the 300 foot radius.
Mrs. Starr was advised to discuss the matter with Mr. McCurry and return
with the request at the next meeting.
A request by the Smyrna Chapter Order of DeMolay for -permission to hold a
parade on Saturday, March 13, 1971, at 11:00 A.M., was approved on motion.
by Councilman C. 0. Canada, seconded by Marston Tuck. Vote on the motion was
unanimous.
Commercial building permits were submitted by building inspector Leon Hood
and upon his recommendations the following action is recorded:
1. Request for a building permit for an add i t i.on;.to and ,remodeling of
Campbell High School was approved unanimously on mot(bon by Marston Tuck,
seconded by C. 0. Canada. Mr. Hood stated all prob&ims with the county
(the permit was originally issued by the county) had been resolved.
2. Request by Bank of Smyrna for branch bank on Concord Road, back of
Dickson's Shopping Center. The;- permit was approved unanimously on motion
by Hubert Black, seconded by J. P. White. The vote was unanimous.
3-R Request by Cobb Heating and Air Conditioning for.a 6' X 6' double faced
lighted sign at 1125 Concord Road�was approved on motion by Hubert Black,
seconded by J. P. White. T' •)Ea %•,. ; .., .,s.
4. Mr. John Hall, 570 Cherokee Road, requested a permit for a utility building
in the rear of his address. The permit was approved on motion by C. 0. Canada,
seconded by J. C. Porterfield. The vote was unanimous.
5. The developers of Heritage Trace Apartments requested a change in building
materials on the firs=t level of the apartments from brick (approved on the
(Continuation of March 1, 1971 meeting)
I
original permit) to wood rock siding. Mr. Jack Lackey of National Gypsum
Company appeared before Council to explain merits of the wood rock proposed
substitute and to answer any questions. The change was approved on motion -by
C. 0. Canada, seconded by Arthur T. Bacon. Vote on the motion was unanimous'.
Mayor Harold L. Smith, referring to No. 8 on the Agenda, "Report, Councilman
.Homer Kuhl, Discussion, City Attorney Assignment and Recommendation, Appoint-
ment City Attorney", stated this -item had been added to the Agenda at a late
date, that it was publicly embarrassing to himself and the City Attorney, that the
discussion was out of order and that he was completely opposed to this action.
Councilman Homer Kuhl stated he was not questioning Mr. Carreker's character
or ability;, however, he was of the opinion a law firm would serve the City's
needs better and at the same or a lower cost, and motioned for dismissal of
Mr. Carreker. Councilmen Hubert Black, Arthur T. Bacon, and J. C. Porterfield
stated they thought the matter should have been handled through a committee;
however, Mr. Porterfield'stated.that due to pressure being put on his employer
by certain people, he felt some action had to be taken immediately. After
further discussion Councilman J. P.. White seconded the motion to dismiss the
City Attorney. Voting .for,the motion,, Homer Kuhl, J. P.. White;. C:. 0. Canada and
J. C. Porterfield. % Vot.i'ng:against the .motion, Hubert Black, -Marston' Tuck and
Arthur T. Bacon. Mayor Smith stated he would exercise his autho'ri.ty--fo'veto'•'
LID the.laction-immediately after Council meeting and asked the City Attorney to
�I remain in the meeting.
W Mayor Harold L. Smith reported the easts'ide sewerage project was in work. There
was no report on the Downtown Redevelopment Program.
U
Councilman Homer Kuhl reported he had contacted Mr. Bob Farrar in regard to
obtaining appraisals on Concord and Love and should have a report at the next
meeting. -
Mr. George Hardy of Mayes, Sudderth and Etheredge, reported that the plans on -
the Atlanta Street• project `Kad been returned from..the 'state; howeve-r,, they we're'
not approved. -
The third lane on South Cobb at Concord was reported in work.
Mr. Dick Williams of Mayes, Sudderth and Etheredge reported that the conflict on
the contract with the Owens Construction Company had been settled and the
contract should be in the Mayor's, hands tomorrow.
Councilman J. C. Porterfield reported he had been in contact with Mr. Bill
Avery of the Georgia Municipal Association and should have the cost figures on the
employees retirement system by March 13, therefore, Mr. Porterfield called a
meeting for Saturday, March 13, at 9:00 A.M. to review the plan.
4
The plat plans for Argyle Estates, Unit A, sectI..on #7, were referred to the
Street Committee to report back at the next Council meeting.
Councilman C. 0. Canada motioned that the tractor parts and auger purchased
for relocating or correcting problems of the undergournd garbage cans be placed
under the Maintenance Department. The motion was seconded by J. C. Porterfield
and voted unanimously.
City Attorney G. W. Carreker reported he had checked the records in the county
regarding the strip of land recorded in 1935 as McGriff Street but could find
no record as to the disposition of the land. Councilman Marston Tuck motioned
that the City quit claim a 24' X 150' strip of land (McGriff Street but never
used as a street) to Mr. Deweese who plans to build on two lots on Hill Street,
and adjacent to this property. The motion was seconded by Councilman J. C.
Porterfield. Vote on the motion was unanimous.
Councilman J. C. Porterfield motioned that Council approve parcel 17 on Hill
Street, a 50' lot plus the 24' listed above, as a 74' lot for a building permit.
The motion was seconded by Councilman Marston Tuck and voted unanimously.'
The February 1st and 15th, 1971 Minutes were approved as submitted and corrected
on motion by C. 0. Canada, seconded by Hubert Black: The vote was six for the
motion. J. P. White abstained.
Councilman J. P. White passed out to Mayor and Council an outline showing
proposed realignment of the Police Department and copy of letter written by
Chief Drake recommending certain changes. The suggested changes were referred
to committee for study.
(Continuation of March 1, 1971 Meeting)
Mayor.Harold L. Smith stated he was relieving Councilman Homer Kuhl of his duties
as Chairman of the Street Committee and named Councilman J. C. Porterfield as Chair-
man of this committee.
Councilman Hubert Black motioned that Counci--1' gd on, -record as opposing' House
Bill #261 which would authorize large counties to share municipal grants which would
substantially reduce state grants to municipalities, and Senate Bill #217
which would require county.approval on any and a M annexations into munici-
palities. The motion was seconded by Marston Tuck and voted unanimously. The mo-
tion was further amended to read that a copy, of said minutes showing opposition
to these two bills be mailed to all members of the Cobb County Delegation to the
General Assembly.
Meeting adjourned 9:55 P.M.
L. W. CHARLES, tITY CLERK
MARSTON TUCK, COUNCILMAN WARD 1 J. WHITE, COUNCILMAN WARD 2
F'I.RE, PARKS & RECREATION, CIVIL DEFENS 0LICE
_7_�A
ARTHUR T. BACON, COUNCILMAN WARD 3 HOMER KUHL, COUNCI MAN WARD 4
SANITATION MAINTENANCE
C. 0. CANADA, COUNCILMAN WARD 5 J. C. PORTERFIFA.D, COUNCILMAN WARD 6
GARAGE, TREATMENT PLANTS WATER, STREET
H BERT BLACK, COUNCILMAN WARD 7
FINANCE & ADMINISTRATION