01-10-1973 Regular MeetingPAGE 123
JANUARY 10, 1973
The regularly scheduled meeting of Mayor and Council was held pursuant to
the Charter at City Hall, Smyrna, Georgia, January 10, 1973, and called to
order at 7:30 o'clock P. M. by presiding officer Mayor John C. Porterfield.
." The meeting was held on the loth rather than 8th as previously scheduled due
to the ice storm. All Councilmen were present except Ward #7 Councilman
Jack Miles. Also present were: L. W. Charles, City Clerk, Berl T. Tate,
City Attorney, D. S. Jackson, Asst. City Clerk, N. Proctor, Clerk, Leon Hood,
Building Inspector, V. M. Broyles, Asst. Supt. Public Works, C. C. Porter-
field, Fire Chief, Dick Willis, Consultant Engineer, and a representative
of the Marietta Journal. J. E. David was absent.
Invocation was given by D. Scott Jackson.
A scheduled zoning hearing on property located at 3414 South Cobb Drive for
a McDonald's Food Service from District "C" to C-1 was the first item fo`r
Council action. Mr. Jack Webb, representing the firm, presented plot plans
and specifications for the structure. There was no opposition. On motion
by Arthur T. Bacon, seconded by Forster Puffe, the property was rezoned from
District "C" to C-1 per plans submitted. Vote on the motion was unanimous.
A zoning hearing was held on property located at 2834 Cobb Lane from District
"C" to C-1 for the purpose of a professional office. Mr. Dan Scoggins pre-
sented plot plan for the property and stated there would be no changes on the
outside of the structure and there was sufficient parking area in the rear.
On motion by Arthur T. Bacon, seconded by Forster Puffe, the property was
rezoned as advertised from District "C"to C-1 per plans submitted. Vote on
the motion was unanimous.
A zoning hearing was held on property located at 1138 and 1148 Concord Road
from R-1 to District "C". Mr. 0. McIntosh who lives to the rear of the above
property on King Springs Road objected to the rezoning stating it would decrease
the value of his property; however, some members of Council were of the opinion
it would increase the value. On motion by Marston Tuck, seconded by E. R.
Coalson, the property was rezoned as advertised from R-1 to District "C". Vote
on the motion was unanimous.
Councilman Jack Miles took his seat at the Council table at 7:50 P.M.
�A scheduled zoning hearing was held on property located at 163 Mills Lane
from District "C" to C-2 for a'plumbing office. Mr. Ken Chalker, representing
the petitioner, stated the structure would be used for storage purposes and
there would be six pieces of equipment parked on the property: two dump trucks,
two back hoes and two pick up trucks. No plans were submitted. Councilman
Forster Puffe motioned the property be rezoned as advertised from District
"C" to C-2 restricted to a plumbing contractor's storage area and office
contingent upon receipt of plot plans and specifications no later than the
January 22 meeting; that there would be no business conducted after 10:00 P.M.,
and the storage area would be screened in. The motion was seconded by E. R.
Coalson and vote on the motion was unanimous.
Commercial building permits were submitted by building inspector Leon Hood
I and upon his recommendations the following action is recorded:
(1) J. E. Fortner, 2652-A South Cobb Drive, 40' x 60' addition to rear of
building. Approved on motion by Marston Tuck, seconded by Arthur T. Bacon.
Vote on the motion was unanimous.
(2) J. E. Lovern, 3080 Corn Road, request to erect a Dixie steel type building
on present slab floor for storage purposes. Approved by unanimous vote on
motion by Homer Kuhl, seconded by Arthur T. Bacon.
(3) John Hicks, service station and car wash, 3307 South Cobb Drive. Approved
on motion by Jack Miles subject to approval of driveways by State Highway
Department. The motion was seconded by Forster Puffe and the vote was unanimous.
(4) McDonald's, 925 Cherokee Road, replace present sign and install 39.8 feet
archway sign and requested a waiver in height regulations of 4.8'. Marston
Tuck moved the request be granted. C. 0. Canada seconded the motion. The
vote was unanimous.
(5) McDonald's, 925 Cherokee Road, add the name "McDonald's" on the overhang
and sides of building. Approved unanimously on motion by Marston Tuck,
seconded by Jack Miles.
(6) Ad -Craft Sign Company, install sign 18"x48", "Pinetree Plaza", Belmont
Annex, 2490 Atlanta Street. Approved by unanimous vote on motion by Arthur T.
Bacon, seconded by C. 0. Canada.
PAGE 124
(Continuation of January 10, 1973 meeting)
(7) Men's Den, 531 Cherokee Road, request for waiver rear yard set back
to tear down present structure and erect a new 70' x 30' building. The waiver
was granted on -motion by.Forster Puffe, seconded by Jack Miles, subject to
building plans being received within six months. Vote on the motion was
unanimous.
(8) A copy of a letter from Mr. Walter C. Carson, Jr. was given each
member of Council. Mr. Carson requested approval of Merry Brothers Econo-
brick in lieu of face brick on the Stephens Woods Apartments. No action
was taken on this matter.
There was no report on structural changes for Smyrna Federal building.
Submission of property description 966 Bank Street was referred to City
Attorney Berl T. Tate and Councilman Arthur:T. Bacon.
Progress on Atlanta Street widening project was reported in work. Mr. J. D.
Daniel was present at Council meeting and stated he was ready to sign the
deed for the right of way on his property. Councilman Forster Puffe stated
Bobby Landers had also been contacted. Mr. Puffe called a meeting of the
Street Committee for January 16, 1973 at 5:30 o'clock P.M. The oil companies
will be contacted after the committee meeting.
Representative Ken Nix reported on the meeting'with Mr. Bert Lance of the
Department of Transportation and members of the Cobb County legislative
delegation, in regard to relocation of utilities on Concord and Love Street.
Mr. Nix stated it was his opinion that the Department of Transportation would
approve the project on a county contract basis if the City would pay for the
cost of moving the utilities. Councilman Homer Kuhl motioned that the City
of Smyrna pay for the relocation of all utilities on the Concord -Love connector
project, on the basis of estimates already submitted. The motion was seconded
by Councilman Jack Miles and the vote was unanimous.
Mayor John C. Porterfield stated he had received Department of Transportation
Forms 508-C (Resolution) and Right of Way Form 507 (Ownership) in regard to
resurfacing of Church Street, from South Cobb Drive to Atlanta Street; Powder
Springs from Atlanta Street to South Cobb; and Highland Drive from Spring
Street to Lochlomand Lane. On motion by.Marston Tuck, seconded by Homer Kuhl,
authorization was granted for Mayor and Council and the City Clerk and City
Attorney to execute the forms as submitted by the Department of Transportation.
Vote on the motion was unanimous. (Memo: Copy of signed forms mailed to
Department of Transportation 1-11-73.)
Consultant Engineer Dick Willis reported all bids on the widening of South
Cobb Drive had been rejected -by the Department of Transportation. Mr. Willis
stated they could readvertise or redesign, either could take several months.
Police,committee chairman Jack Miles reported the four new patrol cars had
been received and motioned that cars 11, 14, 15 and 13 be declared surplus
and advertised for sale; bids -to be opened at the January •22nd meeting. The
motion .was seconded by Homer Kuhl and voted unanimously by six Councilmen;
Forster Puffe temporarily away from Council table.
Bids.on Reed Street sanitary sewer line were called out as follows:
Sanitation Systems, Inc. $2265 (Bid dated June 3, 1972)
W. P. Lord Contractor, Inc. $2200 (Bid dated April 14, 1972)
It was reported the bids were still good, and V. M. Broyles was asked to
follow „through on getting this work done.
A public hearing was held on applications for retail beer and wine, 2957
Atlanta Street (Big Buy Food Store), and for retail liquor and wine package
store, 2961 Atlanta Street (presently Jonquil Sporting Goods). There was
no opposition. Councilman Arthur T. Bacon motioned the application for retail
beer and wine,.2957 Atlanta Street be approved. Forster Puffe seconded the
motion which carried five to two. Homer Kuhl and E. R. Coalson opposed.
On motion by Arthur T. Bacon, seconded by Forster Puffe, the application for
retail liquor and wine package store, 2961 Atlanta Street, was approved on a
five to two vote. Homer Kuhl and E. R. Coalson opposed.
PAGE 125
(Continuation of�January 10, 1973 meeting)
There was no report from the Parks and Recreation Commission chairman.
Release by quit claim deed a portion of Rollingview Drive right of way at
Spring Street was referred to the finance committee for checkout and report
-back at next meeting.
Finance chairman Homer Kuhl commented on parts and oil for garage as shown on
the November financial statement and on the'five weeks pay period on salaries.
There were no adjustments on 1973 business license fees. Deferred to next
meeting.
Approval of December minutes were also.deferred to.the next meeting.
It was reported that reservations had been made for.the 15th Annual -Mayor's
Day banquet to be held January 15, 1973. City Attorney Berl T. Tate was added
to those who would attend. Scott Jackson was requested to check on activities
for January 14.
Mr. -Mark Turner requested,Council approval to move a dwelling from Jackson
Parkway to 877 Cherokee Trail to be used for residential purposes.' Mr. Turner
stated the house was 1025 square feet, would be rebricked when moved, was
seven years old, and would be in keeping with other residences in the area.
The permit was approved on motion by Arthur T. Bacon, seconded by C. 0. Canada,
and the vote was unanimous.
Mayor Porterfield brought to the attention of Council -that the Cobb -County
Chamber of Commerce Banquet would be held at the Mariott on,January.19, 1973.
He -also commented on D. Scott Jackson being a new director of the Chamber and
would be recognized at the banquet. All stated they would'attend including
the City Attorney,�except Mr. & Mrs.E. R. Coalson and Mrs. Tuck.
Mayor John C. Porterfield stated that Kassuba Corporation had requested that
the City execute a quite claim deed to them on the Woodlawn Terrace right of
way property and they in turn would give the City an -easement to the property.
The City Attorney stated he would send the easement. to Kassuba and when it was
returned would mail them the quit claim deed. Marston Tuck motioned the quit
claim deed'be executed. Jack Miles seconded the motion. Councilman Homer
Kuhl stated this had been voted on at a previous meeting and there was also
.-some discussion regarding two -parcels of land purchased-at.an earlier date.
Action was suspended until a further checkout couldrbe made.
Mayor John C. Porterfield reported the traffic light at Hargrove Road and
Highway 41 had been approved by the Department of Transportation, and since
the.dounty had agreed to pay one -half -the cost he was turning it over to them
in order that they get a bid on installation, at the same time they get bids
for other traffic signals.
Mayor John C. Porterfield stated the bill sent to Burson Properties for sewer
taps in the amount of $20,950.00 had been,returned with the statement they did
not feel -they should pay the sewer tap fees since they were not able to tie
into the sanitary sewer line when promised and it cost them approximately
$55,000 to take care of the sewage prior to tie in with the -line. Mayor Porter-
field referred to a letter to Mr. Kenneth L. Burson written'by Harold Smith
and dated -February 5, 1971. An excerpt -from this letter follows: "Our infor-
mation is that the plant will be completed by August, 1971; however, this is
not a guaranteed completion date and the City accepts no liability in the event
that the plant is,not.completed at that time". Mr. Burson's letter was referred
to the City Attorney for answer:
Councilman E. R. Coalson commended the Fire Department for furnishing a generator
to a lady in an iron lung during the power Cut off. Mayor Porterfield -also
commended the Fire -Department, Police Department and Civil -Defense for an
excellent performance during the ice storm.
Councilman Homer Kuhl stated that applicants are now being processed to fill
two vacancies in City Hall and requested Council approval of,a third clerical
,F worker at a salary of $410.00 per month to work mainly with business licenses,
make contacts with businesses that have not paid,.and to issue permits. Council-
man Forster Puffe motioned an additional person be approved at $410.00 per month.
The motion was seconded by,Arthur.T. Bacon and voted unanimously.
s
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PAGE 126
1
t
(Continuation of January 10, 1973 meeting)
There being no further business, the meeting adjourned at 9:31 P. M.
k
JANUARY 22, 1973
The regularly scheduled mid -month meeting of Mayor and Council was held
at City Hall, Smyrna, Georgia, January 22, 1973, and called to order at
7:30 o'clock P. M. by presiding officer Mayor John C. Porterfield. All
Councilmen were present. Also present were: City Clerk, L. W. Charles,
City Attorney, Berl T. Tate, Asst. City Clerk, D. Scott Jackson, Building
Inspector, Leon Hood, Asst. Public Works Supt., V. M. Broyles, Clerk, N.
Proctor, and a representative of the Marietta Journal and WBIE. Js E.
David was absent.
Invocation was given by Councilman Homer Kuhl.
Mr. Ralph E. Marler requested annexation of property located in Land Lot 631
at the northwest intersection of Love Street and Jonquil Drive. On motion
by Homer Kuhl, seconded by C. 0. Canada, the property was annexed into the
corporate limits as C-1 commercial, per county zoning, and made a part of
Ward.##. Vote on the motion was unanimous.
A petition was submitted by Mr. Howard Scoggins for annexation of property
owned by Mr. Bob Barnum located in Land Lot 555, beginning at the east side
of Lee Street running 315.5' to a creek, thence running northerly along the
creek 276', thence southwesterly 260', thence southerly 110'. On motion
by Forster Puffe the property was annexed into the corporate'limits per
present'R-1 zoning and made a part -of Ward #2. Marston Tuck seconded the
motion which carried by unanimous vote.
A request to divide the property mentioned above on Lee Street into two lots,
per plat and specifications submitted, was granted on motion by Forster Puffe,
seconded by Arthur T. Bacon. 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) Dr. W. C. Patterson, application for new building, for retail liquor
and wine package stoke,,3181 South Cobb Drive. Approved on motion by Arthur
T. Bacon, seconded by Forster Puffe. Vote on the motion was unanimous.
(2) McDonald's Restaurant, 3414 South Cobb Drive. Approved by unanimous
vote on motion by Marston Tuck, seconded by Jack Miles.
(3) Smyrna Church of Christ, 770 Church Street, addition to back of -present
structure. Approved with four foot variance from 35' to 39' on motion by
Arthur,.T. Bacon, seconded by E. R. Coalson. Vote on the motion was unanimous.
(4) A'',& B Electric Sign Company, 131 sq. ft. lighted sign, 2470 Atlanta
Street, "Kelly and Scott'Whirlpool". Approved on' motion by Marston Tuck,
seconded by Homer Kuhl. -Vofe'on the motion was unanimous.
(5) A'rtistic Sign Company,•42 sq. ft. lighted sign for Bill's Restaurant,
867 Concord Road.' -Approved by unanimous vote on motion by Marston Tuck,
seconded by C. 0. Canada.
(6) C & V Sign Company, 5' x 10' double faced lighted sign, "Three Penny
Press, Inc.",'-26.2bE South Four Lane. Approved on motion by Marston Tuck,
seconded by C. 0. Canada. Vote on the motion was unanimous.
(7) Billy Anderson submitted plans for a plumbing contractor's office at
103 Mills Lane. The plans show no change to the present structure; however,
they did show that the parking area for trucks would be screened. There was
no action by Council since the application was approved at the last meeting
subject to plans being submitted.
(8) At the request of Mobil Oil Company, and on motion by Forster Puffe, a
ninety 'day extension was granted on the permit for a service station to be
locatedlat the intersection of South Cobb Drive and Jones Shaw Road. The
motion was seconded by Arthur T. Bacon and carried by unanimous vote.
(9) Mr. Walter Carson of Volunteer Contracting Company, and Mr. Hobart Aiken,
architect for Stephens Woods Apartments, appeared before Mayor and Council
requesting reconsideration of a change in the building permit to allow them
to use econobrick in lieu of regular brick on the apartments. Mr. Carson
stated the econobrick had already been used on six and one-half of the thirteen
buildings. Forster Puffe moved the request be denied. The motion was seconded