05-17-1971 Regular MeetingMay 17, 1971
The regularly scheduled mid-mnnth meeting of Mayor and Council was
held at City Hall, Smyrna, Georgia, May 17, 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. Scutt Jackson Tax Assessor, N. Proctor, Don
Atkinson, Asst.Fire Chief, Vic Broyles, Supv, Sanitation Department
Building Inspector Leon Hood, Dick Williams and George Hardy of Mayes
Sudderth and Etheredge, and a representative of the Makietta Journal
and WBIE. Supt. of Public Works J. E. David was on vacation.
Invocation was by Councilman Hubert Black and Pledge of Allegiance
was led by Councilman Marston Tuck.
The first order of business to
come before Council was a zoning hearing
on two lots located on Cherokee
Road. The request made by Mr, John
T. Hicks was to rezone the two
lots, known as 744 and 750 Cherokee Road
from District "C" to C-1, for
the purpose of building a car wash
and gasoline dispensing service.
Mr. Hicks submitted a letter from
the owner of property adjacent
to the two lots; and from the owner
of the property in the rear of
the two lots, stating they -did not object,
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A buffer would be installed at
the rear yards of the houses on Burbank
Circle. Mr. Hicks also reported
that 45 cars could be handled on the
premises, and only six minutes
would be required for each car. Council-
W
man C. 0. Canada motioned that
the property be rezoned from District
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"C" to C-1 as advertised. The
motion was seconded by Arthur T. Bacon
V
and the vote was unanimous.
The seoond request for rezoning was for thirteen lots on Kennesaw Way
from R-1 to District "C". There was no opposition to the rezoning.
On motion by J. C.'Porterfield, seconded by C. 0. Canada, the
thirteen lots were rezoned as advertised from R-1 to District "C",
Vote on the motion was'unanimous.
The th ,rd rezoning hearing was requested by W. J. MacKenna for fifteen --"'"-
acres on Rollingview Drive from R-1 to R-2 and C-1. Approximately
ninety people appeared in Council in opposition, Mr.MacKenna gave -
a short history of the property in question and submitted a revised
plat showing location of the proposed torn houses, apartments and
the commercial area, Messrs. Howard Devane, Larry Lindley, Dan
Whitney, Fred Mitchell and Dave Bauman and Mrs. George Hayes and others
spoke in opposition. A petition was also submitted with approximately
200 signatures of residents in the area who objected to the rezoning.
Overcrowded schools, traffic, lack of park facilities at p-esent, and
devaluation of residential property were some of the main reasons for
objecting to the proposed rezoning. After a lengthy discussion,
Councilman Marston Tuck motioned that the request be denied. The motion
was seconded by Hubert Black. Mr. Black stated negotiations with the
citizens were not followed through. The' motion lost ih ree to four.
For the motion Marston Tuck, Hubert Black and J. C. Porterfield. Voting
against the motion, C. 0. Canada, Arthur T. Bacon, J. P. White and Homer
Kuhl. After still further discussion and requests to Mr. MacKenna for
changes in the density, relocation of town houses, and one commercial
building, Councilman Homer Kuhl motioned that the rezoning from R-1
to R-2 be approved with a sixty foot natural buffer between the
apartments and the residential areas, with twelve units per acre, and
the front be rezoned Cyl, restricted to profesional type business.
C. 0. Canada seconded the motion. The motion was amended by J. C.
Porterfield to relocate the professional building to the east side
(park area) allowing parking on three sides, and that the garbage
containers be screened. The motion was further amended by Marston Tuck
to relocate the town houses in order that they would be adjacent to
residential properties and that Rollingview Drive would not be cut
through. Vote on the motion was four to three. For the motion,
Homer Kuhl, C. 0. Canada, Arthur T. Bacon and J. P. White. Against
the motion, Marston Tuck, Hubert Black and J. C. Porterfield.
Request for a residential permit, sewing operations, 1102 Bank Street,
was temporarily withdrawn. '
Commercial building permits were submitted by building inpector Leon
Hood and upon his recommendations the following action is recorded:
o Ob
(Continuation of May 17, 1971 Meeting)
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1. Request by Mr. Bernard)Halpern for a variance from 301 to 20,
on three -lots on Atlanta Road, next north of Fleming, for the proposed
Belmont Village center. `A 16.tter from Mrs. C.. T Durham, adjoining
property owner, was submitted stating she had no objection to the
variance, provided"Mr. Halpern installed a cycl'one'.fence"six feet
high on the line at his expense, to extend -from Fleining Street to
the end of her property. Councilman C. 0.. Canada motioned that Council
grant the request for the,)variance. The motion was'seconded by
Hubert Black and voted unanimously.
2. Request by Standard Oil to build a service station on Concord
Road at Cooper Lake, the property having been zoned C-l'in 1965.
The permit was approved on motion by C. 0. Canada with the stipu-
lation that curb and sidewal'r be installed plus a, twelve foot
strip turning lane. It was reported that a septic tan.'',had been.
approved by the county: The motion was seconded" by Arthur T. Bacon.
and the vote was unanimous.
3. Pland for 38 two bedroom town house units to be built on.Atlants
Street across from Campbell.School were submitted. The 3,4 units
were approved on motion by'Arthur T. Bacon with the'stipulation that
a fire hydrant be installed prior to any ,corietructinn.. The motion
was seconded bye J. C.� Porterfield and voted,uriani,nously_
There was no report on the Concord Road - Love�,Str`eet widening.
Councilman J. C. Porterfield stated plans for Atlanta' Street widening
had been approved, and all contacts that he had made with property
owners had been favorable',.,, ' V
Councilman C. 0.,Canada'stated the base had been installed on the
alley north of Bank'Street; however action must'be taken'to correct
the water problem on two businesses on Atlanta Street, 'before the
project could be completed.,.
It was reported that the sewer project one Birch Street had been �;o
completed and a. copy `of,,the .sewer ordinance) had been:mailed to all
property owners. The ordinance has a'six months'limitation tap -
on stipulation.,
Mayor Harold L. Smith stated the water main and casing,:4-lane to
the Burson„Apartments. had been completed.
Reporting on the Dog Control Ordinance. Councilman C`. 0. Canada stated
he had tal?ed with Mr. T. L. Die -son and was informed that the
Commissioners would schedule a meeting with all'Mayors in the County
this weer to reach an agreement on the contract.,-
r-The ordinance on BB guns. air rifles etc.. was- Iread in'Council.
and on motion by Councilman Marston `Tuc'- seconded ,by Homer Kuhl
the ordinance was adopted as(submitted. Vo;te'on the motion was
k,unanimous . 4
Councilman J. P. White submitted the name of Percy Hurle to be considered
as Civil Service. Board clerk. At the last. med;ting Councilman Marston
Tuck had submitted the name.of Charles BlougFi., Councilman Hubert
Black motioned -the. matter be' deferred to the'. next meeting in order
that other names might be submitted. The motion was seconded by J. C.
Porterfield and voted unanimously. '
Councilman Arthur T. Bacon reported that all r'equi•rements of the
ordinance had been met for a malt beverage application for Sal A.
Camacho, Tenneco Food Store, 2610 Li. -Lane Highway, and that the
police checkout showed nothing that would be detrimental to his
obtaining a malt beverage license. On motion by Mr. Bacon, seconded
by J. P. White, the application was approved five to two. Councilmen
Hubert Black and Homer Kuhl voting against the motion.
Councilman C. 0. Canada stated he had been contacted by Joe Lattanzi
and the YWCA in regard Ito holding swimming less-'ons at the Church Street
pool as had been done in the past rather than at Jonquil. Council-
man Hubert Black motioned that the swimming; lessons be held at the
Church Street pool as requested by the YWCA. The motion was seconded
by J. P. White and voted unanimously.
(Continuation of May 17. 1971 Meeting)
Councilman Hubert Black. stated the April and ten months cumulative
financial reports were in order and the income exceeded the income
that had been projected.
The invoices submitted by E. E. Smith Heating and Air Conditioning.
Inc., in the amount of $136.00 was approved for payment in full on
motion by J. P. White, seconded by Arthur T. Bacon. The vote was
six to one, Marston Tuck, opposed.
The invoice from Levinson Graphic Arts in the amount of $1050.00
for 5000 water service memo Off & On forms, 100 to a pad, (error
,in typing purchase order 5000 pads) was referred to Finance
Chairman Hubert Black for settlement on motion by Homer Kahl,
seconded by C. 0. Canada, Vote on the motion was unanimous.
The proposed one month trial period for the operation between the City
of Smyrna and Complete Refuse Removal, Inc., as per letter from
Roy P. Fowler, Jr., gated May 17. 1971, was discussed and Councilman
Arthur T. Bacon and Councilman C. 0. Canada recommended the one month
trail operation. Mayor Harold L. Smith recommended postponing any
action of use of the dump on. temporary try -out at this time in. order
LM to chec'-out the cost of the City operating the _landfill but not
1:J-4 as a sanitary landfill. Councilman J. P. White motioned the matter
be tabled to the next meeting. The motion was seconded by J. C.
Porterfield and the vote was five to two. C. 0. Canada and Arthur T.
V Bacon voting against the motion.
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Mayor Harold L. Smith reported that if there was no objection by Council.
he would complete the form submitted by Metropolitan Atlanta Rapid
Transit Authority stating we have no objection to MARTA purchasing the
Atlanta Transit System. There was no objection.
Request for a hearing date for consideration of rezoning a tract of
land at the southeast corner of Spring Street and Anderson Circle
from District "C" to C-1 commercial was submitted by Dobbins Realty; -
The land use permit is for the purpose of housing Smyrna Lighting
and Electrical Supplies, presently located on Concord Road. On motion
by C. 0. Canada, seconded by J. P. White, the hearing date was set
for June 7, 1971. Vote on the motion was unanimous.
Councilman Homer Ku#1 motioned that the Council meeting dates be
changed from Monday,July 5, 1971 to Tuesday July 6, 1971 and from
Monday, September 6, 1971, to Tuesday, September 7. 1971, these
two Mondays being legal holidays, and that the mid -month meeting
in July be eliminated. The motion was seconded by C. 0. Canada
and vote on the motion was unanimous.
Mayor Harold L. Smith stated that reservations had been made for the
Annual GMA Convention to be held at Jeykell Island. Councilman
Homer Kuhl stated he could not attend.
J. C. Porterfield recommended in the .form of a motion that bids be
let for opening at the June 7. 1971 meeting for a new sewer rod machine!
this item included in the budget for this fiscal ,year. The motion
was seconded by C. 0. Canada and voted unanimously.
Councilman J. C. Porterfield called a meeting of the Street Committee
for Saturday morning at 9:00 A.M.
D. Scott Jackson read a short letter prepared by City Attorney G. W.
Carreker which was sent to property owners owing delinquent taxes.
A request was made by Parris Lee for petitioner Albert S. Couey to annex
the property on Smyrna Hill Drive where the skating rink is being
built.,tiiCouncilman Hubert Black motioned the property be annexed with
the stipulation Mr. Couey pay two-thirds the cost of the water and
sewer lines, a maximum of $2,237.16 for water and 5,400.00 for the
sewer line. The motion was seconded by Marston Tuck and voted unanimously.
The council agreed to reimburse the developer 67% of Feven.ues collected
through sewer tap-ons.
Meeting adjourned 11:25 P.M.
Next meeting June 7, 1971.
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(Continuation of May 17, 1971 Fleeting)
LD L. S TH MAYOR L. W. CHARLES, CITY CLERK
A-RTHUR T. BACON, _COUNCILMAN WARD 3 HOi K iL, C
C. 0. CANADA, COUNCILMA WAR C. POR E , N D 6
HVBERT BLARK, COUNCILMAN WARD