06-07-1971 Regular MeetingJune 7, 1971 i
385
The regular meeting of Mayor and Council was held pursuant to the
Charter at City Hall, Smyrna, Georgia, June 7, 1971, at 7:30
o'clock P.M. Mayor Harold L. Smith presided and all Council Members
were present except Ward #4 Councilman Homer Kuhl. Also present were
City Clerk L. W. C-harl'es, 'City Attorney 'G. W., Carreker, D. Scott
Jackson Tax Assessor, J. E: David, Supt. Public''works,•N. Proctor,
Building Inspector Leon Hood, Dick Williams of Mayes; Sudderth and
Etheredge,'a representative of the Atlanta Journal, Marietta Journal
and WBIE. ' 1-
Invocation was given•by Mr. Warren Beckley.
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Request for a hearing date for consideration --of rezoning the Jones
and Davis property located in Land Lot 810, Woodruff Drive from R-1
to R-2 multiple family,` was submitted by,,Poston, 'Guthrie & Fowler
Realty Company. -On motion'by Marston Tuck;' -seconded by',C. 0. Canada,
the hearing date was set for July 6, 1971. -Vote on the motion was
unanimous.
A letter was received in City Hall May!�21, 19711from Mr. C':H. Allen, Jr.
requesting an appeal to the Recorder's Court decision of May 20, 1971,
ISM concerning the Smyrna Leash Law. On motion by Councilman Marston Tuck,
d� seconded by Councilman'J.- 'P. White, June 21, 1971, was the date set
Ltd for the hearing., Vote on the motion was unanimous.
A zoning hearing on property located on Spring Road, Land Lot 594,
from "C" to C-1, for Central Electric Products,'was•the next item on
the Agenda. Mr. Hugh Dobbins of Dobbins Realty) and Mr. Stallman
of Central Electric, spoke fb r the rezoning, stating the building
would be occupied by Smyrna 'Lighting and Fixtures, a division of
Central Electric, that all business would -!be conducted between 8:00
A.M. and 5:00 -P.M:; 'all materials would be irisi'de the structure, and
the building would-be constructed of concrete`bluck, faced with brick
on the Spring Street' -side: Mr: W. J. Adams-( off Anderson Circle objected
to the building being constructed of concrete block a'nd being located
only three feet from' hi's property line-. After further -)discussion,
Marston Tuck motioned that the hearing be cont-inued)atuthe next meeting,
June 21, 1971,"at which time -a new plan coul& be'submitted showing a
change in the set backs. VThe motion was seconded by-J. C. Porterfield
and voted unanimously. '
Plumbing inspector-W. L. Westbrook submitted 'fbr Council approval the
following changes in 'the -City of Smyrna Plumbing; Code:'
No -Hub cast -'iron pipe may be used above -the ground. Th&s pipe
must have proper support to maintain alignment.- Water tests must
be made with water on,'complete system filled to a point where every
vent going through roof will be filled.
1
Compression joints -may be used throughout the building, also under
concrete. Water tests must be made with water on complete system
filled to a point where every vent going through roof will be filled.
The changes, recommended'by Mr. Westbrook were approve'd on unanimous vote
on motion by Marston Tuck, seconded by Arthur T.--Bacon. The changes
will become effective Ju,ly7-.1, 1971. (
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A request for annexation of property on Roswell Street -located in land
Lot 634 by Paul Champion, Herbert R. Harris, Jr., and L. W. Boring,
was brought before Council. Marston Tuck motioned -we annex the property
as submitted (three -parcels) with the'stipu-lation the property owners
participate in' the 'sewerage cost on the ,basis •of two-thirds to be
paid by the developer and one-third by the City. The motion was seconded
by Arthur T. Bacon and voted unanimously. MEMO: Annexation added
to Ward No. 1.
A request was submitted by -Mr. Paul Champion to -rezone the above
parcel of land on Roswell Street, just annexed, from "C" Cobb
Couiq'tyto R-2 City of Zanyrna,. Mr. Herbert R. Harris, Jr. requested his
parcel of land on Roswell Zb- r,(&6'J just annexed, be rezoned from R-1
Cobb County to District C-1 City of Smyrna. Mr. C•. L-. Young requested
the property located at 1055 Powder Springs Street be rezoned from R-1
to cC'=1. On motion by 'Marston Tuck, seconded by Hubert Black, July 6,
1971 was set for the hearing date on the above three parcels of land.
Vote on the mo'ti-on was unanimous.
Commercial building permits were submitted by Building Inspector Leon
Hood and upon his recommendations the following action is recorded:
386
(Continuation of June 7, 1971 Meeting)
1. Request from Crown Oil -Company, Atlanta Street at Creatwood,
to erect canopies over the gasoline islands. The permit was approved
on motion by J. P. White, seconded by J. C. Porterfield and voted
unanimously.
2. Guthrie Tire Service, Cherokee Road, request for 121 x 241
(Dunlop) sign. Approved unanimously on motion by Marston Tuck, seconded
by Arthur T. Bacon. r
3. Final Inspection Permit --for commercial.and apartment structures
was submitted by Building Inspector Leon Hood for Council Approval.
The permit to be signed by Building, Electrical, Heating & Air
Conditioning and Plumbirg,Inspectors, as well as Bureau of Fire
Prevention Inspector. The permit was approved on motion by Hubert
Blk'ck, seconded byz Marston Tuck. Vote on the motion was unanimous.
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Arthur T. Bacon reported ,he, had called Mr. Joe. Hunt, Rome; Georgia
several times this past,_week regarding the Land -fill proposal and
had been unable to ,get�in touch with him;,,however., he'would set
up a meeting within the next fewdays with Mr. Hunt and
Messrs. Bill Carver, C. J. Fouts, Bob White, James Huddleston,
Guy Lindley, Bob Lance, andlJim Wigington, and report.,back at the
next meeting. ,
Mayor Harold L. Smith reported that all appraisals except one
had been completed on Concord -Love widening project, and the
people would be contacted shortyly, that'one offer has already
been accepted and four or five of the total are already in hand,
plus the Hollohan_property„ and property donated by the American
Legion and Dr. Price.,
Mayor Smith also stated he had talked to Emory Parrish today on the
Atlanta Street widening project, and requested Council action on
authorizing Mayes, Sudderth and Etheredge•to proceed in walking
this contract through the,State Highway Department'to,determine
the present status and also what disposition was made by Cobb County.
Marston Tuck motioned that Council authorize the engineering firm
to walk the contract through and get this project, started again.
The motion was seconded by J. C. Porterfield and,v,oted unanimously.
In regard to this projec-t,,,Mayor Smith stated he had talked with
the people handling the,appraisals on Concord and Love -relative
to making the appraisals on Atlanta Street and the,proposed fee
per appraisal was $150 per parcel (13 or 14 pa�rcels)'and negoti-
ations, if necessary,6would•.be an additional $,5900, )On motion
by Marston Tuckjauthorization was granted to*,use the.same appraisers
for Atlanta Street as were used for Concord -Love Street and set the fee«
of $150.00 at the discretion of the Street Committee on the necessary
appraisals, plus the'$50.00 acquisition -fee. The'motion was
seconded by Hubert Black and voted unanimously..`
C. 0. Canada stated work would start on Wednesday or Thursday of
this week on Birch Street Paving and the alley north of. Bank Street.
There was no report on the,Dog Control Ordinance: .
Two sealed bids on
a sewer rod machine were opened
and read in Council
and recorded as follows:
Flexible Pipe
Tool Divis ion, Dotham,
-'Alabama
"v
�1, 063.40
Henry M. Hall;
Atlanta, Georgia
1,240.4.0
On motion by J. C.,Porterfield,
seconded
by Arthur
T. Bacon, the
bids were referred
to the Street Committee
for checkout to
specifications and
authority to purchase.
Vote,on
the motion was
unanimous.
Hubert Black stated he had talked with Homer Kuhl in regard to a
proposed change in the Homestead Exemption for home owners over
65 and• Mr.,, Kuhl (stated the committee was still, working on this
and would have a recommendation in August,;
A change in resubmitting.zoning requests'-6from,six months to twelve
months was discussed. It was called to the attention of Council
by the City Attorney that this would have to be advertised and
a public hearing held. On motion by Hubert Black,,Juj.� 6, 1971
was set for the hearing date on proposed charges,•relating to
reversionary clauses and waiting periods from six to twelve months
bn, t heoeipf gginaeye,ta 3 angxppmee�ingaft would be submitted
r
,)
(Continuation of June 7, 1971 Meeting)
At former Council meetings the names of Charles,Blough and Percy
Hurle had bean submitted to Council for consideration as Civil
Service Board Clerk. At this meeting, June 7, - 1971,- J•. C..
Porterfield, noininateddDr. R.• D. Weber: J. P. Whitey withdrew his
nomination, Percy,Hurle,•leaving two nominations for this position.
Voting for Dr: R.'D. Weber: J. C. Porterfield, C. 0. Canada,
Arthur T. Bacon, and J. P. White. Voting for 'Charles - Btaugh:
Marston Tuck and Hubert Black. Dr. Weber was ,elected`Clerk of the
Civil Service Board and `will be paid the amount_of $10.00 per meeting.
Qualifications of Candida;te,s. Opening and Closing dates; deferred to
June 21, 1971 meeting.,_,City Attorney G. W. Carreker;_wt-ll check out
the new code in regard: to the Ldates . J I
Finance -Chairman Hubert Black set up a meeting -with J. C, Porterfield
for Wednesday night to work on fiscal budgets of,the water, Street
and Maintenance Departments;_ Meetings on all.bu.dgets will be scheduled
as soon as possible.
Councilman Hubert Black stated in view of -the many complaints from the
beginning of the janitorial service for City Hall, Library and the
Police Station, he would like to recommend in the form of a motion
that the janitorial service be given a thirty day notice to cancel
Wthe contract. J. P. White questioned cancelling the contract at this
time.. After further,discuss.ion, Mayor Smith,appointed.Mr. White
U to investigate and report back at the next meeting.
Approval of May 3 and 17, 1971 Minutes was deferred.
Councilman J. C. Porterfield motioned that Council approve a parade
permit for the First Baptist Church on July 31, 1971, as requested.
The motion was seconded by Hubert Black and voted unanimously.
Councilman Hubert Black motioned that the prinfing-bill from
Levinsonts Graphic Arts be paid in full from the '1970-71 budget.
The motion was seconded.by.Marston Tuck-and'the vote was unanimous.
Councilman J. C. Porterfield,)stated a meeting 'of the Cobb Municipal
Association would be held Tuesday, June 8, '1971',� at' .•7:30 P.M. at the
Marietta Country Club.�u J J O
Councilman J. P. White recommended a change in the Malt Beverage
Ordinance in the -distance' (200) feet from -a" res,ide'nce to less than
200, provided the resident does not object'. ' C'ity' At'torn'ey G. W.
Carreker stated this would not require a public hearing, and could
behhand le d through) C ounc i-1. i I
' • ' ' '
Councilman Marston Tuck rzeported excessive trash around a vacant
house on Roswell Street. This was referred to the'sanitation committee
for checkout. t
Parks committee •meeting- was called for Monday Might, June 14, 1971,
By Councilman Marston Tuck. -
Sewerage to the -skating rink was discussed;' Mr-. Di'ck Williams of
Mayes, Sudderth and Etheredge stated engineeringiservices would be
$1100 and survey to draw up property transfer for.easement would
be $200. C. 0. Canada motioned that,Council"authorize the
engineering work for sewerage to the skating'ri'nk provided the developer
will pay two-thirds ofthecost and the City one-third.: The motion,
» was seconded by Arthur, T. Bacon and 'Voted' unanimously.
a ,. 1
Councilman C. O.,Canada reported the pet shop,-2.670 South Cobb,Drive,
licensed as a "clip shop"'Dis now housing as many as 25rdogs.over night
and is a nuisance to''the community; also that, the police have been
out several times but the dogs are still kept over night. 'Mr. Canada
motioned that the owner of the shop be cited before Council to show
cause why the license should not be revoked, subject 'to checkout of
the City Attorney. -The motion was seconded btr J. C. Porterfield and x
voted unanimously.
Mayor Harold L. Smith stated he -had discussed -the sewerage problem to
the Burson 'Property with Mr. Dick Williams, the --City having promised
sewerage would be'availab3e by August of this ,year, and the county
would not have the "temporary'plant completed by that time.
(Confihuation of June 7, 1971 Meeting)
Mr. Williams gave the -following proposals
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1. To I-75, then north to popular Creek $59 000,
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2. From the corner of Burson property, nortW-on #41 $501000.
3. Pump up #41'and to present system `$44 000.
(Would' need approval of State Water Quality
Control Boa rd )"
Mayor Smith stated•another possibility would be for the City to
receive approval ofl-a temporary plant, provided there is enough
water in Popular Creek. Mayor Smith stated he preferred using
the existing lines under #41, and that the Kassuba properties
are now being engineered for a large line. Annexation of several
properties along Hwy.-141 was -also discussed. This item was referred
to the sewerage committee. -Mr. Canada stated a meeting would be
called within the next few days. . ' ,
Meeting adjourned 9:45 P.M.,,
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JUNE 2.1, 1971 s
The regularly scheduled mid -month meeting of.Mayor and Council was
held at City Hall, Smyrna, Georgia, June 21, 1971, at 7:30 P.M.
Mayor Harold L. Smith presided and all Councilmen were present. Also
present were L. W. ,Charles, City Clerk, G. W. Carreker,, City Attorney
J. E. David, Supt. Public Works, N. Proctor, Donald Atkinson,
Asst. Fire Chief,,,Building Inspector Leon Hood, Di,ck.Williams and
Joe Sims of Mayes; Sudderth and Etheredge, and.•a representative
of the Marietta Journal and WBIE. ScotoJackson wa.s seated at the
meeting at 9:15 P.M.
Invocation •was given by, Councilman Homer Kuhl and- Councilman , J. P.
White led the Pledge to the Flag.
f
No citizens appeared with problems to be brought, before Council.
In the first order of business, Mr. Bill Alexander reported on
appraisals and negotiations,made with residents of;the_.Concord-
Love street area. Mr."Alexander reported out of the forty parcels
given to him, seven had signed, 17 would go to condemnation,
and of the remaining 16, some contacts had been made.,,,Mr. Alexander
also stated some of the residents did not think they were being offered
enough money and others questioned whether the City owned a forty
foot right-of-way. Mr. Alexander was of the Opinion there may be
as many as 30 condemnations.
Hearing on the zoning of the Bessie M. Bivins property„, Hargrove Road,
Land Lot 847, from R-1 to C-1, was next on the agenda. Mr. Hugh
Dobbins represented.the petitioner. Mr. Jim Black of Southern Bell
stated the building,would house long distance operations for the
area and approx*imately 9? people would be employed initially,
172 within two years -and 22.5 maximum, There was no opposition to the
rezoning. On motion by Hubert Black the property was '"rezoned
from R-1 to C-1 as advertised. The motion,.was seconded by Marston
Tuck and votedon" the motion was unanimous.
A request for hearing on the zoning of the Geneva.,Arnold property,
Atlanta Road. from R-1 •to C-.1, was withdrawn by` Mr. Hugh Dobbins,
representing the petitioner.
At the request of Mr. C. H. Allen, Jr., a hearing -was held on an
appeal from Recorderfs Court decision of May 20, 1971, ,violation
of the dog leash law. Mr. Allen questioned sections of the Animal
Control Ordinance and stated,he did not enter a plea of,"Not Guilty"
as shown on the police F
record. Mr. Mike Fortini, Mrs. ortini and