03-02-1970 Regular Meeting7,,
MARCH 2, 1970
The regularly scheduled meeting of mayor and Council of the
City of Smyrna was held pursuant to the Charter on March 2,
1970 and called to order by presiding officer Mayor Harold
L. Smith at 7:30 o'clock P. M. All members of Council were
present with the exception of Ward 3 Councilman Arthur Bacon.
City Hall staff members present: L. W. Charles, J. E. David,
D. Scott Jackson, N. Proctor, City Attorney G. W. Carreker,
Building Inspector Le-on';:.Ho,6d,;-P)1-Vmbing Inspector W. L. West-
brook, Electrical Inspector Truett Grogan, Heating and Air
Conditioning Inspector Cliff Drennon. Also present, Joe Bork
of Hensley Schmidt, Inc. and a representative of the Marietta
Journal and WBIE.
Invocation was by Rev. Nat Heeth of the Smyrna Presbyterian
Church who invited the Mayor the Mayor and Council to attend
a specific service, the date to be agreed upon later.
Captain Hershel D. Lowery of American Legion Post No. 106
presented Council with a new National Flag and a new Georgia
State Flag. These were accepted with appreciation by Mayor Smith.
Under Citizen Reports, Mr. Richard Rice of Ann Road asked
Council help in getting the L. & N. Railroad to clear their
right-of-ways because of the fire hazard from sparks from wheels
not properly lubricated. Mayor Smith assured Mr. Rice contacts
were being made to correct this problem.
Mr. Reed, Ann Road, appeared before Council in regard to street
lights and holes in the road. These items referred to J. E.
David who stated he would contact Ga. Power Company March 3,
relative to,street lights.
Drainage problems in the Creatwood and Navaho Trail area were
referred to the chairman of the street committeef
Mrs. Wilkinson of the Cheney Woods Garden Club stated the club
has selected as their project certain street intersections
that require trimming ors removal of shrubbery for traffic
safety. Intersections called out by Mrs.Wilkinson were:
Parkwood at Pinehill, Stonecreek at Bank, Eastfield at Timber-
land, Fraser at Hillsdale, Fraser at Bank, Birch at Powder
Springs, Bank at Eastfield, King at Bank and Dunn at Love Street.
Mayor Smith stated that these intersections would be handled
through normal procedure.
Hearing date for consideration of rezoning of the Singleton
property, Powder Springs at Old Concord, R-1 to C-1, was set
for April 6, 1970 meeting, on motion by Hubert Black, seconded
by C. 0. Canada. The vote was unanimous.
Next item on the Agenda was the zoning hearing on the Carter
and Brown property on Atlanta Terrace, R-1 to C-1. Mr. Weston
Baxter represented the property owners and presented a sketch
of the property and stated three corners of the intersection
were already zoned commercial. He also presented a petition
signed by thirteen residents in the immediate area stating they
did not object to the rezoning. Mrs. Margaret Londeau, Messrs
J.,W. Nash, Raymond Reed and A. B. Morton spoke in opposition,
stating the city does not need additional service stations, it
would increase traffic problems, brought up prior promises by
City Council that Atlanta Terrace would not be zoned commercial,
and that all entrances and exits would have to be from Spring
Road or secure acquisition from State Highway Department across
Atlanta.Terrace. After a lenghty discussion, a motion was
made by J. P. White to rezone the property from R-1 to C-1.
The motion was seconded by Marston Tuck. The vote was three
for the rezoning: J. P. White, Marston Tuck and Hubert Black.
Opposed Vo the motion, J. C. Porterfield, Homer Kuhl and
C. 0. Canada. Mayor Smith broke the tie vote and voted in favor
of the Motion.
279
(Continuation of March 2, 1970 Meeting)
Hearing on the rezoning of the Rhodes property on Church Street, C to C-1,
was next on the Agenda. Rev. Richardson stated the church structure would
be completed at an estimated cost of $100,000, be constructed of brick
veneer,,,and meet all city ordinances and codes, and would have ample parking,
approximately 109 spaces. ins. B. C. Castelaw appeared in the interest of
type of building,'set back, expansion plans in furture, and whether design
and cost would fit into surrounding area. Rev. Richardson was also informed
that 25 feet had been donated to the city in the original C zoning to widen
Church Street. On motion by J. C. Porterfield, seconded by Marston Tuck,
the property was zoned C-1, restricted, church structure. The vote was
unanimous.
Commercial building permits were submitted by building inspector as follows:
a. C. M. Brown, 496 Pineview Drive, garage to be built in rear of back yard,
with a waiver of five foot set back on side and rear yard. Approved on motion
J. P. White, seconded by Marston Tuck and voted unanimously.
b. John W. Edmondson, 1439 Spring Street, 91 x 111 addition to his home,
clearing side line by only seven feet. Letter was submitted from M. T. Tanner,
Jr., 1441 Spring Street, stating he had no objection. Approved unanimously
on motion by J. C. Porterfield, seconded by J. P. White.
d'a
2n c. C. J. and Jerry Fouts, 2141 Atlanta Street, remodel old Red Dot Stbre.
Li+ Approved unanimously on motion by J. P. White, seconded by Marston Tuck.
V
U d. Gordy Tire Company, Cherokee Street, concrete block the front of build-
ing. Denied on motion by Homer Kuhl, seconded by Marston Tuck. The vote
was unanimous.
e. 'p1m. M. Sparks, 2278 Atlanta Street, repair and repaint store building.
Approved unanimously on motion by J. P. White, seconded by J. C. Porterfield.
f. Wm. M. Sparks, 2278 Atlanta Street, 30" x 201 unlighted sign for building.
Approved unanimously on motion by Marston Tuck, seconded by J. P. White.
g. Pizza Hut, Next Door Restaurant, So. Cobb Dr., from Ranch House to
Glendale. Councilman Marston Tuck motioned the permits be granted, subject
to approval of the Cobb County Health Department. The motion was seconded
by Hubert Black and voted unanimously.
h. Phillips Browne Sign Company, erect 31 x 201 sign, 2869 Atlanta Street.
Approved unanimously on motion by J. C. Porterfield, seconded by J. P. White.
It was reported that the installation of fifty underground garbage cans in
various parts of the city had been completed.
J. E. David reported that the storm drainage projects on Parkway and Lavista
has been completed with the exception of the asphalt on Lavista. He also
stated that Foster Street would require a larger pipe and this work would be
started as soon as possible.
Councilman Homer Kuhl stated he would have a report on the Stonecreek bridge
at the next meeting.
Mr. Kuhl also stated the word "Stop" had been painted at the intersection
of Church and King Streets and the double yellow line extended to the side
of the street.
It was brought out in Council that four parcels of land on Pat Mell Road
were deleted from the Smyrna House Bill for 1970. Under the Home Rule law
City Attorney G. W. Carreker was asked to prepare necessary papers for
annexing these four parcels into the corporate limits; 60% of property
owners having requested annexation.
In reference to the W. L. Turner tresspass suit, it was reported that the
water meter will be removed from Mr. Turnerts yard. A new water main to
the Jose property will run from Ridge Road. Mr. Carreker was of the opinion
this action would probably satisfy the injunction.
Mr. Carreker stated the pending damage claim of Mrs. Hildegarde P. Brown is
now in the hands of the insurance company and is under investigation.
Councilman C. 0. Canada reported he will meet with Mr. Rock Howard next week
regarding sewerage treatment facility for the Eastside project.
Order of Demolay parade on March 14, 1970, at 11:00 A.M., was approved on
2-80
(Continuation of March 2, 1970 meeting)
motion by Homer Kuhl, seconded by Marston Tuck, and voted unanimously.
J. P. white to clear with police department.
No decision was made as to what should be done with the old police station;
this to be discussed further at April 6 meeting.
Councilman Hubert Black commented that from looking over the audit of the past
six months, the City Seems to be in very good financial condition.
On motion by Hubert Black, seconded by Marston Tuck, $6,555 was authorized
to be transferred from the General Fund to the E&C Fund and a journal
entry made to transfer this charge from the Parks Department. (Cost of
park drain and sanitary sewer, Jonquil Park). Approved unanimously.
Councilman Hubert Black also recommended that four shelves be erected in
the library: 1--121 x 24" in Jr. Dept., 1--151 x 24", 1-- 241 x 5211, 1
wall adjusting shelf runners. Two bids had been secured as follows:
Custom Kitchens, $1253 and H & S, $1327• On motion by Hubert Black,
seconded by J. P. White, and voted unanimously, the bid from Custom Kitchens
was accepted for above work.
On motion by Marston Tuck, seconded by Hubert Black, authorization was
given to secure bids for opening April 6, 1970 meeting on (1) pickup one-
half ton truck, and (1) one ton dual rear wheel stake bed truck for parks
department, and (1) Rescue Unit for city fire Department. The vote was
unanimous.
Report on new water rates was deferred to March 16, 1970 meeting.
Councilman John Porterfield stated he had several tentative insurance proposals
and the insurance committee would meet again on March 7, 1970, at 10:00
A.M.
The next safety committee meeting was set for March 11, 1970, 4:00 P.M.
Investment of City of SmYrna idle funds was discussed by Mayor and Council;
plans to be worked out in the near furture.
Councilman Marston Tuck reported that the horse in Ward 1 would be moved
outside the city before March 16, 1970. On motion by J. C. Porterfield,
seconded by Homer Kuhl, violation of the city ordinance on horses (Powder
Springs Street) was referred to City Attorney G. W. Carreker.
Malt beverage applications were deferred to next meeting.
Reimbursement for damage to city property, McCauley at South Cobb, was referred
to city attorney. It was requested by Councilman Hubert Black that another
request be sent to the State Highway Department to change the cycle at this
intersection.
On motion by C. 0. Canada, seconded by J. P. White, a request by Southern
Bell was granted to bore hole under Spring Street in front of old Post
Office to install conduit for additional cables.
kiletter was read in Council relative to a meeting on adjustment in the
schedule of rates and charges by Southern Bell. The public hearing will be
held March 17, 1970, 10:00 A.M., Commi.ssionts Hearing Room, 177 State
Office Building, 244 Washington Street, S. W., Atlanta, Georgia.
Marston Tuck gave a report on Fire Deparment for past month.
Mr. C. 0. Canada was requested to check on repair of Civil Defense equip-
ment.
Finance Chairman Hubert Black reported the Georgia Power franchise
check for 1969 was in the amount of $70, 214 .02.
Mr. Black extended an invitation to Mayor and Council to attend a
dinner meeting of the Cobb County Chamber of Commerce on March 10, 1970,
at 7:00 P. M.
Mr. White called a meeting of the Civil Defense comet ttee.on Tuesday,
March 3, at 7:30 P. M.
(Continuation of March 2, 1970 meeting) 281
On motion by J. P. White the new bond schedule for the police department
was referred back to committee for report April 6, 1970.
Damage to police uniforms while fighting fire at Stephens Lumber Company
was discussed. It was agreed that a purchase order be issued to replace
these items.
On motion by J. P. White) seconded by Homer Kuhl, authorization was given
to recruit thrtith'Civil Service two additional men for the police depart-
ment making a total of twenty-five. The vote was unanimous.
Mr. H. M. Cheshire requested that the old flag in Council Room be sent to
his son in Viet Nam. This was approved on motion by Hubert Black, seconded
by J. P. White.
Plumbing Inspector W. L. Westbrook requested that the following named men
be approved for the Plumbing Board:
David C. Loner, South Cobb Plumbing Co., Master Plumber
Harold Mines, Mines Plumbing Company, Master Plumber
Terral Newton, St asco Plumbing Company, Journeyman
P. B. Harrison, Morgan Plumbing' Company, Journeyman
LO These men were approved on motion by Homer Kuhl, seconded by Hubert Black.
tt
in Adjourned 11:05 P. M.
W
U
MARCH 16, 1970
The mid -month meeting of Mayor and Council of the City of Smyrna was held
at City Hall on March 16, 1970 and called to order by presiding officer
Mayor Harold L. Smith at 7:30 o'clock P.M. All members of council were
present. Others present: L. W. Charles, D. Scott Jackson, J. E. David
N. Proctor, G. W. Carreker, W. L. Westbrook, Truett Grogan, Cliff Drennon,
Leon Hood, Vic Broyles, Joe Bork of Hnesley Schmidt, Inc., and a represent-
ative of the Marietta Journal and WBIE.
Invocation was by Mr. Dean Milford of -the Faith United Methodist Church.
Mr. A. D. Birchfield with Cub Scout Pack 524 was in attendance and led the
Council in Pldege of Alleginace. Mr. Birchfield also stated that his Cub
Scout Pack would like to participate in a clean up project on Atlanta Street
from Love Street to Campbell Road. On motion by Marston Tuck, seconded by'
J. P.'White, and voted unanimously, permission was given for the clean up
project by Pack 524.
Mr. Vic Miltiades of the Smyrna Jaycees was in attendance and stated that
in January the -Jaycees had submitted a Code of Ethics to council and wanted
to know the status of the resolution. Councilman Homer Kuhl stated the City
of Smyrna already has a Code of Ethics which was part of the "swearing in"
ceremony in January 1970, and known as Senate.Resolution 25 approved in both
houses of the General Assembly in 1968. Mr. Kuhl motioned that
the City of Smyrna adopt this resolution as a city ordinance. The motion
was seconded by Hubert Black and approved unanimously. Marston Tuck
recommended that a copy of the ordinance be given to,each councilman, each
department head, and a copy sent to the Jaycees.
Mrs. Kathy Ashford reported that the. fence at the entrance of Creatwood
had been knocked down and needed.repairing. This item referred .to Mr.
J. P. White.
Mr. Paul Grebe commented on the mobile home still on the premises of the
Four Square Gospel Church on Powder Springs Street, cars with Florida tags,
and horses next door to the church in violation of the city ordinance. He
also asked for assistance for motorists when I-75 is closed from April 1,
1970 to -July, 1970. Removal of the.mobile home and horses turned over.to
police department f or action.
Councilman Marston Tuck reported he had acquired 500 additional dogwood trees
and they would be given away Friday of this week at the engineers building
and Saturday at City Hall. He also reported that 700 trees have been
planted in the parks.
A member of the Smyrna Jaycees asked for permission to close three lanes on
Ward Street on April 18 for the Jonquil Parade. On motion by Marston Tuck,