01-21-1974 Regular Meeting215
(Continuation of January 7, 1974 meeting)
Civic Center Committee- Forster Puffe
Cobb Co. Mun. Assn: Members J. C. Porterfield
Homer Kuhl
Councilman Homer Kuhl -motioned that the Business License fees
for 1974 be adopted; however, requested that residential licenses
be withheld until"the establishments could be inspected'by'the
fire department, electrical and building inspectors. Mr. Kuhl
further stated he had talked to a member of the health depart-
ment today in regard to health permits to be approved for food
establishments. The motion to adopt the 1974 Business License
Schedule of. Fees was seconded by Eaile Cochran and the vote was
unanimous.
On motion by Forster Puffe, seconded by Marston Tuck, Supt. of
Public`Works J. E. David was requested to contact the L'& N
Railroad officials in regard to a 72" pipe being installed
under the railroad at Pinecrest Circle which would empty into
a 30" pipe on City property.
Councilman Forster Puffe stated the Constitution and ByLaws
of the Civic Center required that Mayor Porterfield write a
letter to Sam Turriglio naming him the chairman of*the committee.
It was reported that two new members were needed for the
Planning Commission -Board.
The meeting adjourned -at 8:20 P. M.
JA&UART 21, 1974
The regularly scheduled mid -month meeting of Mayor and Council
was held at City Hall, Smyrna, Georgia, on January 21, 1974,
at 7:30 o'clock P. M. Mayor John C. Porterfield presided.
All Council Members were present. Also present were: L. W.
Charles, City Clerk, Willouise Spivey, Asst. City Clerk, Nora
Paoctor; Clerk, J. E. David, Supt. Public Works, Leon Hood,
Building Inspector, Lt. James Crumbley, Fire Dept., W. L.
Westbrook, Plumbing Inspector, A. L. Coleman, Heating and
A/C Inspector, Joe Briggs, Consultant Engineer, and a repre-
sentative of the Marietta press.
Invocation was given by Councilman Homer Kuhl of Ward #4.
Bruce LaBudde, a track coach with the Atlanta Track Club,
appeared before Mayor and Council and requested permission
to have the St. Thomas Ten Mile Race in Smyrna February 2,
1974, and asked that two squad cars escort the runners. Mr.
LaBudde stated the participants would start the race at St.
Thomas Church on King Springs Road, from there to North Cooper
Lake Road, Concord Lane, Concord Road, Hicks Road, Nickajack
Road, and back to North Cooper Lake and `King Springs, and the
patrol cars would be needed to control traffic and block
off certain streets. Mayor -Porterfield stated we could not
possibly tie up two squad cars;'however, he thought one car
could be made available along with Civil Defense units. Mr.
,LaBudde reported that between 7t and 150 participants would
take part in the race -- the first one should finish in about
52 minutes, and the last one in about 1k hours. Marston Tuck
made a,motion to approve the race with the police and civil
defense committees coordinating the escorting vehicles. Homer
Kuhl seconded the motion and the vote was unanimous.
A Resolution for a new Cobb -Smyrna Mental Health Center, a
copy of which had already been distributed to the Mayor, all
Councilmen and the City Attorney, was discussed. Mayor
Porterfield stated the City Attorney had ruled there would
be notproblem on liability bonding, and the center would be
exempt from ad valorem taxes per Georgia Law, Title 92-201,
regardless of whether the Resolution was passed or not, since
216
(Continuation of January 21. 1914 meeting)
the center would be,a non-profit organization. The advantages
and disadvantages of the center being given to -the City at some
later date was also discussed_. Councilman Forster Puffe mbti*ned
the Resolution be adopted as presented. The motion was seconded
by Homer Kuhl and carried by unanimous vote. Mayor Porterfield
stated a meeting would be held within the next two weeks with
the Human Service Group -and architects and urged all Councilmen.
to attend so that.all could understand and.appreciate what this
group is attempting to do. .
ANNEXATION: A request was submitted'to annex property located
zn,Land Lot,551, South Cobb Drive, approximately 6.8,acres.
(this property adjoins the property where.the hospital now
under construction is locdted). On motion by Homer Kuhl,
seconded by Marston Tuck, the property was annexed as requested
under R-1, Cobb County zoning, -and made a part of Ward #2. Vote
on the motion was unanimous.
ZONING,HEARING DATES SET: On motion by Homer Kuhl; seconded by.
Jerry Mills, February 18, 1974 was the -date set for a zoning
hearing on the -above described property located in Land,Lot
551, just annexed, from R-1 to C-1, restricted to office -
institutional use. Vote on the motion was unanimous.
On motion by Homer Kuhl, seconded -by Marston Tuck,, February 18,
1974,.was the date set for a zoning hearing on property located
at 1043 Concord Road, from C-to C-1, restricted to a real estate
office. Vote on the motion was unanimous.
Mr. Fred Bostick appeared before Mayor and Council requesting a
zoning hearing on property located at 969 Concord Road, from C
to C-1, for the purpose of a law office. On motion by Homer
Kuhl, seconded by Jerry Mills, February 18, 1974 was the date
set for the hearing. Vote on the motion was unanimous. Mr.
Bostick was asked if was aware of the zoning restrictions on
Concord Road and Mr. Bostick replied that he was. Mayor
Porterfield asked that all Councilmen be furnished a copy of
the minutes of March 18, 1968 outlining the restrictions -on
the Concord'Road zoning.
Approval'of a change in management for a -malt beverage and.
wine license at Big Apple on Spring Road, from Mrs. Geraldine
Dilbeck to Bruce Howard Alterman was requested. On motion. -
by Elbert Coalson, seconded by Forster Puffe,, the motion passed
on a four to three vote. Voting for the motion, Jerry Mills,
Forster Puffe, Elbert.Coalson and C. O..Canada. Voting.against
the motion, Homer Kuhl, Marston Tuck, and Earle Cochran.
BUILDING PERMITS : F Commercial- building permits were submitted
by building inspector Leon Hood and upon his -recommendations
the following action is recorded:
(1). Robert M. Fowler, 2670 At�anta Street, requested permit
for a storage building in rear of present structure on Atlanta
Street for the storage of tools and power saws. On motion by
Marston Tuck, seconded by Forster Puffe, the permit was approved
by unanimous vote.
(2) Cobb.Heating and Air Conditioning, 1125 Concord Road,
requested permit to renovate building to same as before fire.
The permit was approved on motion by C..O. Canada, seconded by
Earle Cochran. Vote on the motion was unanimous.
(3) Mr. A. 0. White, Consultant Engineer, requested,a permit
for a shop building in the rear of present structure located
at 1424 Spring Street for the purpose of a laboratory for
testing various metals and a dry well on -the property to
accommodate the three sinks and drinking fountain in the,lab
structure since the location is too low to tie into the"City's
sewer system. On motion by Marston Tuck, seconded by E. R-.
Coalson, the permit was approved by unanimous vote.
(4) Burger King requested a permit for a sign 35 feet high on
their property at the corner of Atlanta Road and Fleming Street
k 217
(Continuation of JanAry 21, 1974 meeting)
i
also a 11'Xll' sign on the roof of the building. On motion
by C. 0. Canada, seconded by Forster Puffe, the permit was
approved by unanimous vote. -
(5) Cobb Barikl'and Trust Company requested permission to
place a trailer on their building site on Cherokee Road, next
west of Mannts Uniform Company, 21 feet inside their property
line, 31 feet from the curb. They stated the trailer would
have to be that close to'the street in order'for the permanent
building to be erected in -the rear. On -motion by Marston
Tuck, seconded :by Forster Puffe, a -temporary permit thro ugh
March 1, 1975 was approved by unanimous vote.
(6) Fulton Federal Savings and Loan, 2201 South Cobb Drive,
requested -approval of permit to begin construction of their
permanent building. On motion by Earle Cochran, seconded by
E. R. Coalson, the permit was approved as submitted by
unanimous vote.
(7) Post Properties Corporation requested approval of permit
to bulUd 148 units, 16 units per -acre, 2 parking spaces per
unit, on the Arthur Crowe property on Spring Street at Corn
Road. This•property was annexed into the -City under •the
Cobb County zoning, R-2,-with restrictions which required the
builder to construct an 8 foot fence -as a buffer between the
apartment units and Highland Subdivision. �Mr. Kuhl recommended
the builder put in curb and gutter on the Elmwood side of
the property which the builder agreed to do. Council •agreed
the City would absorb the cost of -paving to -the new curb
and _gutter. On motion by Forster Puffe, seconded by E. ,R.
Coalson, the permit was.approved with -the above stipulations
on a five to two vote. Jerry Mills and Earle'Cochran-voted
against the motion.
Attorney Berl T. Tate reported the City of Smyrna House Bill
was being prepared. _ •Mayow Porterfield stated a breakfast
meeting had been set up with Cobb -Representatives for Saturday,
January 26, 1974, at 9:30 A.M. at the Ramada Inn on Delk Road.
All Councilmen, CityCClerk. L. W. Charles'and City -Attorney
Berl T. Tate stated they could attend.
Police Department Report: Mr. EarleCochran, Chairman of
the Police Committee, reported that to conform with the State
requirements in order to,get State Funds, certain remodeling
would be necessary for the police station. The radio•would
be moved to another office, sway from'the front desk. The'
total cost of•the-remodeling would be $1,281.63. On motion
by Earle Cochran, seconded•by E. R. Coalson, the expenditure
,for the remodeling was approved, to be'paid from the Contingency
Fund. Vote on:�.the motion was unanimous.-
Mr..Cochran further reported the three new police cars had
been received and.were in service:' He requested the police
department retain Car #12 as a back-up car and purchase of
a -complete light bar set to•be installed on Car #12, and
another set to replace one that was worn out, at a cost of
$'395,00. On motion by E'. &. Coalson, seconded by Homer Kuhl,
'the request was approved by unanimous vote, to be paid from
the operating budget.
Ontmotion by Marston Tuck, seconded by Jerry Mills, Car #13
-was transferred to the Civil Defense Department. Vote onethe
motion'' was , unanimous . -
On motion by Earle Cochran, seconded by! Marston Tuck., Car #11
(police) and the _1970 Chevrolet (civil defense) were surplused.
Bid notices are to be mailed to the companies having purchased
surplused vehicles in the.past, the bids to be opened at the
February 4, 1974 meeting.
Finance Chairman Homer Kuhl reported that Certificates of
Deposit had been. reinvested at 8 5/876 for a period of 60 days.
Mayor Porterfield reported our request for property on Ward'
Street for a Civic Center had been tabled.
ZONING: On motion by Jerry Mills, seconded by C. 0. Canada,
218
(Continuation of January 21, 1974 meeting)
the rezoning of the Geneva Arnold property on Atlanta Street
was denied. Vote on the motion was unanimous. No one was
present to represent the petitioner. Six months waiting period
effective 1/22/74.
Mayor Porterfield called a meeting with Mayes, Sudderth &
Etheredge, the Recreational Committee, and Council Members
for Wednesday, January 23, 1974, at 7:30 o'clock P. M., to
discuss development of the new park site.
Mayor John Porterfield recommended the City purchase the vacant
property across the street from the police station from Revenue
Sharing Funds at a cost of $13,500.00. On motion by Forster
Puffe, approval to purchase the property was granted, subject
to a title check out. The motion was seconded by Homer Kuhl
and the vote was unanimous.
A street committee meeting was called for Saturday morning,
following the meeting with the Cobb County Representatives,
Attorney Berl T. Tate reported a letter had been mailed to the
L & N Railroad but he had not received a reply.
', It was reported that Kassuba Corporation had filed defensive
proceedings. Mr. Tate stated he had met with their attorney
and would report any progress at the next meeting.
No hearing date has been set as yet with the Cobb County School
Board.
Building Inspector Leon Hood reported that inspections had been
made on Ventura Road, letters had been mailed, and that some
had replied they would comply and some had asked for an extension.
It was reported that Mark Turner did not appear in court last
week; however, he paid Cobb Exchange Bank to head off a fore-
closure on the property on Cherokee Trail.
Marston Tuck asked if anyone knew why the curb was so high in
front of Hess Oil Company on South Cobb Drive and Concord Road;
also, why the fifth lane from Concord Road south on South Cobb
Drivei.in front of Dickson's Shopping Center was not being paved.
J. E. David was requested to check with the Department of
Transportation on this.
Promised
Marston Tuck stated the builders of Farmstead Apartments ' - P
u 'Y to build a fence, with no openings, along the property line — --
adjoining the park property. He stated the fence now does have
openings directly to the park area and the residents are using F
the park area for parking. Leon Hood was requested to contact
the builders and have these openings closed.
A request by Evelyn Harris for an appeal from Recorder's Court
case was ruled as having been received after the three day limit
as called out in the Charter. After further discussion, Marston
Tuck motioned the Charter be amended to read "three working days,
excluding legal holidays, Saturdays and Sundays". The motion
was seconded by Jerry Mills and the vote was six to one, E. R.
Coalson opposed. Homer Kuhl agreed to let Mrs. Harris know that
she could come before Mayor and Council at a regular meeting
as a private citizen, also, that she could go before the police
committee for a hearing.
The meeting adjourned at 9:45 P. M.
HN C. PORTERFIELD, MAYOR
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MARSTON TUCK, COUNCILMAN WARD #1
RRY M LS, COUNCILMAN #3
C. 0. CANADA, COUNCILMAN WARD #5
EARLE COCHRAN, COUNCILMAN WARD #7
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L. W. CHARLES,ITY CLERK
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JTERPUFFE, COUNCIL N WA2
HOMER KUHL, COUN ILMAN, WARD #4
/4ELRT C SON, -COUNCILMAN WARD #6
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