01-17-1972 Regular MeetingPage 40
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JANUARY 17, 1972
The regularly scheduled med-month meeting of Mayor and Council was held at
City Hall on January 17, 1972 and called to order by Mayor John C. Porterfield
at 7:30 o'clock P. M. All Council Members were present. Also present were:
L. W. Charles City Clerk, D. Scott Jackson, Asst. City Clerk, Berl T. Tate
City Attorney, J. E. David, Public Works Supt., N. Proctor, Leon Hood
Building Inspector, Victor M. Broyles, Asst. Public Works Supt., George Hardy
of Mayes, Sudderth and Etheredge, and a representative of the Marietta
Journal and WBIE.
Invocation was given by Mr. Mayes Hamby and Pledge of Allegiance was led
by Scout Troup 743.
Under Reports from Citizens, the following action is recorded:
(1) -Mr. Bob Gill, Manager of the Smyrna Food Health Store, reported water was
seeping under his building causing damage to the floor and carpet, and
he believed the water was seeping in from the little park area.
(2) Mr. J. Sharp of 3081 Clifton Road report a collapsed drainage pipe at
Clifton Road and Rita Way.
Both citizens were assured the items referred to would be checked out and
action taken to correct them.
(3) Mrs. Franklin Lee read a letter in Council protesting the pay raises
voted for Mayor and Council.
(4) Jack Rutherford requested a business license for operating a beauty shop
at Chelsea Village apratments. This item was.referred to the Business License
Committee for checkout with authority to recommend the business license be
issued if not in violation of any City ordinances.
(5) Mr. Fred Brown requested the street entrance and exit to the proposed
Reeves Apartments be from Church Street, rather than from Medlin Street.
This matter was referred to Leon Hood for checkout of location of street
and City easement.
(6) Charles Barnett, 3091 Highland Drive, complained the drainage pipe
under his driveway was too small. This was referred to the street committee
to determine if anything could be done to correct the situation.
(7) Mr. Charles Poss appeared before Mayor and Council representing Mr.
H. G. Poss regarding annexation of property to the City of Smyrna on November
8, 1972; the property located between McCauley and King Springs Road, in
Land Lots 483 and 526. Mayor John Porterfield stated he had received a letter
from Mr. H. G. Poss and would discuss the contents with the Cobb County
Legislative Delegation on Wednesday morning, January 19, 1972, and advise
Mr. Poss accordingly.
(8) Bill Baird, 1041 Clifton Circle, appeared before Mayor and Council with
a complaint in regard to the unfinished home occupied by B. F. Reed, the
length of time it had been in the-same"condition, the unpaved driveway,
uncovered sewer line, old equpment'parked'on the premises, and an unoperable
car parked in the street. The ldnoperable car was referred to the Police
Committee for proper action.�`Ci"ty Attorney Berl T. Tate ruled that Mayor and
Council could enjoin Mr. Reed from,;occupying a residence against City
ordinances or have him moved out until the house passes final inspection. In
final action, Marston Tuck motioned that"the City Attorney notify Mr. Reed
that he has ten days to start work on the house, with thirty working days to
complete it, with a maximum limitation of sixty days to complete the structure,
or he would be cited into court; and further, the letter to Mr. Reed include
an itemized list of all the other changes.or corrections to be made on
the premises in order to comply with City Ordinances. The motion was seconded
by Forster Puffe and vote on the motion was unanimous.
At the request of Mrs. Norma P. Leese, a zoning hearing was held on property
located at 696 Cherokee Road from "C" to C-1 commercial, for the operation of
a ceramics shop (Snoop Shop). After plot plan was submitted to Council
showing -no changes in the sturcture, and additional paving, if any, would be
in the rear of the building, the zoning was approved unanimously on motion by
C. 0. Canada, seconded by Arthur T. Bacon.
Page 41
(CONTINUATION OF JANUARY 17, 1972)
A request by Mr. Steve E. Kaley for a mobile trailer office on a vacant lot
on Cherokee Road For Mr. Tax of America was denied on motion by Forster Puffe,
seconded by Homer Kuhl. The motion passes six to one. Marston Tuck opposed.
Mr. Jerry W. Grable of 2725 Parkwood Road requested permission to park a 20'
camping trailer at the above address. It was unanimously agreed by Mayor and
Council that no permit was required.
February 7, 1972 was the date set for considering rezoning the following
parcels of land per action recorded below:
(1) 1021 Powder Springs Street from R-1 to R-2 (18 units) on motion by
Homer Kuhl, seconded by C. 0. Canada. The vote was unanimous.
(2) 590 & 600 Floyd Drive From R-1 to C-1, on motion by C. 0. Canada,
seconded by Arthur T. Bacon. The vote was unanimous.
(3) 595 and 605 Floyd Drive from R-1 to C-1, on motion by C. 0. Canada,
seconded by Arthur T. Bacon. The -vote was unanimous.
(4) 2510 Matthews Street, R-1 to C-1, on motion by C. 0. Canada, seconded
by Jack Miles. Vote on the motion was unanimous.
(5) 1215 Sunset Avenue from R-1 to "c" on motion by Arthur T. Bacon, seconded
by C. 0. Canada. Vote on the motion was unanimous.
(6) 1202 Sunset, from R-1 to C-1, on motion by Arthur. T. Bacon, Seconded
by C. 0. Canade. The vote was unanimous.
(7) 1536 Roswell Street, from "C" to C-2, restricted to a warehouse, on
motion by Marston Tuck, seconded by C. 0. Canada. The vote was unanimous.
ANNFXATTnN
At the request of Mr. Paul Brown, Agent, approximately 33 acres in Land t
Lot 552, South .Cobb at.King Springs, was annexed into the corporate limits, L
of the City Of Smyrna for a proposed hospital site. The motion to annex the
property was made by Marston Tuck, seconded by Jack Miles, and voted -
unanimously.
HEARING DATE FOR REZONING CONTINUED:
(8) A request was made by Mr. Paul Brown for a hearing to rezone the above
described property from R-1 to R-2. The hearing date for rezoning the
property was set for February 7, 1972 on motion by Homer Kuhl, seconded by
Arthur T. Bacon, and voted unanimously.
Mr. Steiner Moore of 3135 Highland Drive complained of a sewage overflow from
the pumping station located at Highland Drive and Prestwick Place and also
of the poor water drainage problem in the area. This was referred to the
Street Department and Public Works Department for check out and correction.
Only one commercial building permit was submitted by building inspector
Leon Hood and upon his recommendation, the following action is recorded:
(1) Addition to main building, Southern Bell, Spring Street. The addition
was approved as submitted on motion by Marston Tuck, seconded by Arthur
T. Bacon, and voted unanimously.
Councilman Forster Puffe reported the street committe had met once with
citizens on the Concord -Love street rights of way and would hold another
meeting January 18, 1972 for further discussion. Mr., Puffe stated he felt
confident the problem would be resolved at an early date and the street
widened as it should be done.
Mayor John C. Porterfield commented on a letter from Burson Properties
concerning sewerage on the east side. Mr: George Hardy of Mayes, Sudderth
and Etheredge reported he could not give an estimated completion date
until approval is received from the Enviromental Protection Agency for a
work order change; however, after the change is approved, it would take
approximately sixty days for completion.
Page 42
(CONTINUATION OF JANUARY 17, 1972)
Councilman C. 0. Canada reported a site had been located for the concession
stand at Jonquil Park and as soon.as the weather permits workdwould begin.
Mr. Canada also stated that grading had started and seeding would follow at
Jonquil and grading at Cobb and Ward Parks was in progress. Mr. Canada
recommended that a 50' x80' dedicated unused street on Hickory Acres Drive
be used as a community play ground.
A second flashing light on Spring Road was reported to have been installed in
the Argyle School area and the State Highway Department had declared the
area hazardous.
Councilman Forster Puffe motioned that a 4-way stop sign, plus an island
be installed at the intersection of Church and King Street. The motion was
seconded by Norman Miles and voted unanimously. ^�
Councilman Forster Puffe motioned that Mayor and Council petition the state
to install a traffic light at Atlanta Road and Creatwood. The motion was
seconded by Arthur T. Bacon and voted unanimously.
Installation of sidewalks on Stephens Street west of the school was referred
to the Street Committee for checkout.
Councilman Forster Puffe motioned that Mayor and Council petition the state
for a traffic survey on the 4-Lane Highway at Herodian Way and'Hargrove. The
motion was seconded by Homer Kuhl and voted unanimously.
On motion by Forster Puffe, seconded by Homer Kuhl, (1) 2 ton, 20 year old
Huber Roller and (1) 1952 Ford Pick -Up truck were declared surplus. Vote
on the motion was unanimous.
On motion by Marston Tuck, seconded by C. 0. Canada, bids on the above y
equipment, plus four items previously surplused, were to be opened February
7, 1972. Vote on the motion was unanimous.
Mayor John C. Porterfield requested J. E. David to contact Mr. Jackson with
the county in.order to resolve a drainage problem on Brown Road, southwest
of the school.
City Attorney Berl T. Tate stated that the hospital site on South Cobb Drive
and King Springs would be added to the 1971 annexations in the Smyrna House Bill.
On motion by Norman Miles, the Schedule of Fees, Civil Service Board, was
deleted from the House Bill, and authority to set future rates for Merit
Board members shall be vested in the Mayor and Council, City of Smyrna.
The motion was seconded by Homer Kuhl and voted unanimously.
On motion by Homer Kuhl, the following men were appointed to the electrical
board: L. W. Boring, Haze Edwards.and Bill Askea. The motion was seconded
by Arthur T. Bacon and vote on the motion was unanimous.
On the recommendation of City Clerk L. W. Charles, and.on motion by
Forster Puffe, the Water and Sewerage Savings Account Savings Account was
transferred to the Water and Sewerage Sinking Fund, to meet obligations
to bond holders, as needed. The motion was seconded by C. 0. Canada. The
vote was six for the motion, Norman Miles abstained.
There was no action on the pending court.cases; namely, Rain, Inc., Officer
Tarver, and right-of-way injuction. City Attorney Berl T. Tate recommended
the City not to do anything unless the other parties take action.
Councilman Arthur T. Bacon motioned that item 2 of the Malt Beverage
Ordinance, approved by Council September 20, 1971, be rescinded and approval
granted for a malt beverage store to be located 200' from a residence rather
than 300'. The motion carried.
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(CONTINUATION OF JANUARY 17, 1972)
Voting for the motion: Arthur T. Bacon, C. 0. Canada, Norman Miles,
Forster Puffe and E. R. Coalson. Voting against the motion: Homer
Kuhl and Marston Tuck.
The Wine Ordinance was deferred to the February 7, 1972 meeting.
Mayor John C. Porterfield stated the Atherton Bill would be discussed
at the 7th District GMA meeting to be held Sunday, January 30, 1972,
at 3:00 P. M. Mayor Porterfield also stated he would ask Mr. Howard
Atherton to attend the meeting called for Wednesday morning, January 19, 1972.
The Mayor, all Councilmen, City Clerk and Assistant City Clerk and wives,
plus the City Attorney reported they planned to attend the Mayor's Day
Banquet to b+e,held January 31, 1972, making a total of 21 reservations
from the City of Smyrna.
Councilman Arthur T. Bacon motioned that the sale of malt beverage stamps
by the City of Smyrna be discontinued on March 1, 1972 and the tax be
collected 6n invoice submitted. C. 0.•Canada seconded the motion and
the vote was unanimous.
The meeting adjourned at 10:43 P. M.
Pfill C. PORTERFIELD , MAYOR
MARSTON TUCK , COUNCILMAN WARD? # 1
ARTHUR T. BACON, COUNCILMAN WARD #3
C. 0. CANADA ,COUNCILMAN -WARD # 5
NORMAN (JACK) MILES , COUNCILMAN WARD # 7
L. W. CHARLES , CITY CLERK
F04§tER PUFFE , COUN LMAN WARD # 2
HOMER KUHL
WARD #4
ELBERT COALSON , COUNCILMAN WARD # 6