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02-05-1973 Regular Meeting1� PAGE 129 r FEBRUARY 5, 1973 r"' 1 The regular meeting -of Mayor. and Council was held pursuant to,the.Charter at City -Hall, Smyrna, Georgia, February 5, 197-3, at 7:30 o'clock P.'M., and called to order by presiding officer Mayor John C. Porterfield. All Council- men were present. Also present were: L. W. Charles, City Clerk, D. Scott Jackson, Asst. City Clerk, Berl T. Tate, City Attorney, Leon Hood, Building Inspector, J. E. David, Public Works Supt., Nora Proctor, Clerk, George Hardy and Dick Willis, Consultant Engineers and a representative of the Marietta press. Invocation was given by Councilman E. R. Coalson. A petition was submitted by American Oil Company to annex property located in Land Lot 849 at the southeast corner'of U. S. 41'and Herodian Way into the corporate limits of the City of Smyrna. On motion by Marston Tuck, seconded by Forster Puffe, the property was annexed into the corporate limits under the present C-F Cobb County zoning, and made a part of Ward #1. Vote on the motion was unanimous. At the request of Mr. Fred Tyson, property located at 2340 Belmont Circle was annexed, per present Cobb County R-1 zoning, into the corporate limits of the City of Smyrna. The motion to annex the property was made by Forster Puffe, seconded by Arthur T. Bacon, and made a part of Ward #6. Vote on'the motion was unanimous. At the request of American Oil Company, a hearing date to -rezone property in Land Lot 849, just annexed, from C-F to C-1 commercial, was set for'March 5, 1973, on motion by Marston Tuck, seconded by-E. R. Coalson. Vote on the motion was unanimous. On motion by E. R. Coalson, seconded by Arthur T. Bacon, March 5, 1973, was the date set for a zoning hearing on property located at 2340-Belmont Circle, from R-1 residential to C-1 commercial. Vote on the motion was unanimous. Six citizens appeared before Mayor and Council in protest to a request made by William J. MacKenna to move•a house from 2391 Spring Street to a vacant lot (1-D) at the corner of Spring Street and Spring Creek Place. Mr. R. H. Savage, spokesman for the group, listed poor drainage on the lot, and the house not being comparable to others in the neighborhood, as the main objections. The request to move the house was denied on motion by Marston Tuck, seconded by Homer Kuhl. Vote on the motion was unanimous. Adjustments on Business License Schedule of Fees was the next item for Council action. Councilman Homer Kuhl moved that No. 2280,""Laundry Self Service, each Machine $7.00_', be changed to read "$50.00 plus $2.00 for each machine over five". Forster Puffe seconded the motion. The owners of several businesses were in the audience and stated this still was not in line with the rates charged by Cobb County. After further discussion the motion and -second was withdrawn, and a meeting was called for Saturday morning at 9:00 A. M. to agree on a firm recommendation. The owners of the self service laundry operations were invited to attend the meeting. All Councilmen, with the exception of Jack Miles, reported they had inspected the Stephens Woods Apartments. Building inspector Leon Hood stated the econo- brick met all requirements of the Southern Building Code, had been approved by F.H.A., and'had been installed by factory trained personnel. Councilman E. R. Coalson motioned that Council approved the econobrick in lieu of face brick for the ends of the buildings in the Stephens Woods Apartments project --the econobrick to be approved for this project only. The motion was'seconded by Jack Miles and carried four..:totthree. Voting for the motion: E. R. Coalson, Jack Miles', Arthur T. Bacon and C. 0. Canada. Voting against the motion: Marston Tuck, Forster Puffe and Homer Kuhl. Commercial building permits were submitted by building inspector Leon Hood and upon his recommendations, the following action is recorded: (1) Men's Den, 531 Cherokee Road, new building. Approved on motion by Jack Miles, seconded by Arthur T. Bacon. The vote was six for the motion, Forster Puffe temporarily absent. PAGE JJd (Continuation of February 5, 1973 meeting) (2) Smyrna Auto Parts, 1061 Concord Road;iriew commercial, 40'" x 60' masonry for auto parts store. Approved by unanimous vote on motion by C. 0. Canada, seconded by Marston Tuck. v (3) Church of Christ, 770 Church Street, new Educational building on present property. Approved on motion by Arthur T. Bacon, seconded by Jack Miles. Vote on the motion was unanimous. (4) Horne and Associates, 96 Condominiums, Spring Street and Rolling View Drive. Approximately thirty citizens appeared at the meeting to oppose the building permit. The main complaint was that the plans would not meet the restrictions imposed at the time of the zoning in.May 1971. At this time it was agreed by the developer that a six foot chain link fence would be installed and there would be a 60 foot natural buffer zone between the buildings and the adjacent residential areas. Mr. Carl Lehman of Horne and Associates, stated he had been informed by Council in November 1972, prior to purchase of the land, that a fence would not be required. After further discussion; however, Mr. Lehman agreed to installation of a six foot fence. Councilman Marston Tuck motioned the building permit be issued subject to a sixty foot natural buffer area, completely undeveloped, that trees and shrubs be planted to make the area attractive, and that a six foot chain link fence with no gates be installed on the property line on the west and north ends of the property. The motion was seconded by Forster Puffe. A discussion followed on patios and air conditioning units extending into the sixty foot buffer area. Councilman Forster Puffe moved that the motion be amended to allow three feet for the air conditioning units not to exceed' four feet in height and a four foot by eight foot patios within the sixty foot buffer zone. The amendment was seconded by C. 0. Canada and carried on a five to two,,vote. Marston Tuck and Homer Kuhl opposed. Vote on the main motion as amended was unanimous. Mr. Carl Lehman requested that he be given the option to install a six foot obscure fence in lieu of a chain link fence and forget the plants and shrubs. Mayor'J. C. Porterfield suggested that Council inspect the area in order to take proper action when a substitute fence is requested. ' Mr. Lehman also requested that P.V.C. pipe be allowed above the slab. On motion by Forster Puffe, seconded by Arthur T. Bacon, approval was granted for the P.V.C., pipe to be used above the slab. Vote on the motion was unanimous. Mayor J. C. Porterfield,,stated he had talked with Mr. Bob Farrar in regard to appraisals of property on Atlanta Street and Mr. Farrar quoted a price of 4 $1000 for all the parcels, or separately, $750 for the Ware property and $450 for the Landers property. Councilman Forster Puffe moved that Council approve the appraisals not to exceed $1000 and that the cost be charged to State Grants, Councilman Jack Miles seconded the motion which carried by unanimous vote. Councilman Homer Kuhl moved that Council appoint Mr. Bob Farrar.to appraise ' another parcel of land (Poss) at a price of $650 to be paid from State Grants. i Councilman C. 0. Canada seconded the motion. The vote,was unanimous. There was no report on resurfacing of streets by the Department of Transportation. Mr. Dick Willis, Consultant Engineer, reported the Department of Transportation did not have the South Cobb Drive Widening project on their schedule through July; however, this did not mean that they would not let bide before that time. Mayor J. C. Porterfield stated he would contact Representative George Kreeger in regard to setting up a meeting next week with highway officials. Easement and Quit Claim Deed on vacant property, 866 Bank Street was deferred. Bids on the sale of four police cars were opened and are recorded as follows: -.John Copeland, Marietta, Georgia $850.00 Auto Parts Wholesale, Dallas, Georgia $1616.99 On motion by Forster Puffe, seconded by Jack Miles, the high bid of $1616.99 from Auto Parts Wholesale was accepted. Vote on the motion was unanimous. Application for a malt beverage license for Alan M. Argo, Jonquil City Package Store, was deferred. 1 I Chairman Arthur T. Bacon Called a meeting for Saturday morning at 10:00 A. M. to discuss the pouring license. N PAGE 131 r : ,-..:II,t,I (Continuation of February 5, 1973 meeting) Attorney Berl T. Tate stated he had sent all information regarding the tap on fees.for the Norseman Apartments to the Attorney of the Burson Properties and was awaiting. his; reply. There was no report on the Centennial from the committee chairman. This item to be dropped from the Agenda. Finance Chairman Homer Kuhl stated he would like for the sanitation committee to meet with Mr. Bacon regarding the December financial statement and report at the next meeting. On.motion by Forster Puffe, seconded by Jack Miles, the January•10, 1973 minutes were approved as submitted. The vote was six for the motion, Marston Tuck abstained. On motion by Homer Kuhl, seconded by C. 0. Canada, the January 22, 1973 minutes were approved as submitted and corrected. The vote was six for the motion, Marston Tuck, abstained. City Attorney Berl T. Tate reported he had been furnished copies of all annex- ations and hoped to have everything ready to put into bill form by Monday. Mr. Tate further stated the planning and zoning board would be handled under the 1957 Enabling Act. Mayor J. C. Porterfield stated he would discuss the Smyrna House Bill with Representative Kreeger and if possible set up a meeting for February 15 with the full legislative group. Mayor J.• C. Porterfield.requested Council approval to'attend•the National League w of Cities and United States Conference of Mayors,.,to-be held in Washington, D.C. March 4 through 6, 1973. On motion by Homer Kuhl, seconded by Jack Miles, the request was granted. Vote on the motion wasunanimous.• 1 , , I , _ , All Councilmen were requested to notify. -City Clerk L. W: Charles, in regard to attendance at the GMA Convention to be held in Savannah, June 24-27-3, 1973, in h , order for him to make advance reservations. On motion by Forster Puffe, seconded by Arthur T. Bacon, a management change only; was approved for -the malt beverage license issued to Tenneco Food Store, 903 Cherokee Road. Vote on the motion was six to one, Homer Kuhl, opposed. The new license will be•in'the name of Jerry Leonard. Iri other action: (1) Councilman Marston Tuck submitted the annual report of the Smyrna Fire Department and Bureau of'Fire Prevention for the Year 1973. - (2) Councilman E.-.R. Coalson-commented on -the 'floating garbage •cans': Arthur. T. Bacon was requested to contact Mike Westmoreland for further experimentation `on these cans. 1(3) Finance Chairman Homer Kuhl -reported -that we now have full personnel both in the -tax department and bookkeeping department.,.• Mr. Kuhl also reminded Mayor and Council that City Clerk L. W. Charles would attend the Annual Clerk's Meeting in Athens, -February 12-14, and Assistant Clerk -Tax Assessor, D. Scott Jackson, would attend the Finance Officer's portion of the meeting beginning Wednesday afternoon. Mayor J.-C.- Porterfield reported the Wayne chipper was leased from the Williams Trucking Company at $1000 per month.- Mayor Porterfield stated the total price of the chipper was $5220 and if the City wished to purchase it, the $1000 would be applied in full. This• would •leave a balance of $4220. ' J. •E.: David was requested to get several verbal bids by Saturday, at which time, a decision would be reached as to whether to purchase the 'chipper. The meeting adjourned at 10:30 •P.• M. February 17 1973 V A special meeting of Mayor and Council was held in City Hall, Smyrna, Georgia, Saturday morning, February 17, 1973. PAGE 132 (Continuation of February 17, 1973 meeting) A motion was made by Councilman Homer Kuhl at 10:10 A. M. to declare the meeting a regular called meeting. The motion was seconded by Councilman Jack Miles and vote on the motion was unanimous. Mayor J. C. Porterfield presided and all Council Members were present. City Clerk L. W. Charles, Assistant Clerk D. Scott,Jackson, and a representative of the Marietta press were also present. Bids on a chipper were called out as follows: Williams Truck and Equipment Company Decatur, Georgia $5220.00 R. S. Armstrong Company Atlanta, Georgia $5300.00 On motion.by,Homer Kuhl, seconded by Jack Miles, it was agreed to purchase the chipper from the Williams Truck and Equipment Company. Vote on the motion was unanimous. The meeting adjourned at 10:27 A. M. FEBRUARY 19,.1973 The regularly scheduled mid -month meeting of Mayor and Council was held at City Hall,,Smyrna, Georgia, February,19 „ 1973, and called to order at 7:30 P. M. by presiding officer Mayor John C. Porterfield: All Council Members -were pre- sent. Also present were: L. W. Charles, City Clerk, D. Scott Jackson, Asst. City Clerk, J. E —David, Supt. Public Works, V. M. Broyles, Asst. Supt Public Works,,,N. Proctor, Clerk, Leon Hood, Building Inspector, L. W. Boring, Electrical Inspector,; W. L. Westbrook,,Pl.umb,ing Inspector, and a representative of the Marietta press,;,and Consultant Engineer, Dick Willis. Invocation was given by D. Scott Jackson. • 'ta _ 1 fi 1 A request was made by B.O.S. Investment Corporation•to annex property located in Land Lot 381 on Concord Road, next east of the Bank of Smyrna. On motion by Homer Kuhl, seconded by,Forster Puffe, the property was'annexed'nto the City and made a part of Ward #7. Vote on the motion was unanimous. Mr. Dewey L. Ransom requested annexation of -a vacant lot located in Land Lot 556, 17th District, Second Section,:Cobb County,Georgia. The lot is located on Lee Street. On motion by'Forster,Puffe,,seconded.by Jack Miles, the property was annexed into the City and made a part of Ward #2. The vote was unanimous. On request of James E. Speer the last lot on Highview Drive, No. 317, was annexed'into the City on motion by Homer Kuhl and made a part of Ward #7. The motion was seconded,by Forster Puffe and -vote on the motion was unanimous. A request was made by Mr. Edward J. Abercrombie to rezone property located in Land Lot 448, and known as 971 Powder Springs Street, from R-1 to District C. A request was also made by,Mr.,W.• A. Brown, Jr. to rezone property located in Land Lot 448, and known as 960 Powder Springs Street from R-1 to C-1. On motion by Homer Kuhl; seconded by Jack Miles, the,hearing•date.for both parcels was set for Mar 19, 1973.-,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) Cobb Center, South Cobb Drive, enclose mall,ad- eleven small shops. Mr. Hood stated the plans met all building codes. On'motion by Homer Kuhl, seconded by Arthur T. Bacon, the permit was approved as submitted. Vote on the motion was unanimous. (2) Mr. Thomas J. Fern, 4145,Deerwood•Parkway, requested a two foot side yard variance on his property. A letter was submitted to Mayor and Council signed by Mr. Merlin Burt, owner of Lot 10E adjacent to 4145 Deerwood.Parkway, stating he had no objections to Mr. Fern building a carport -storage room eight feet from his property, line. The variance of two feet was approved on motion by Arthur T. Bacon, seconded by Forster Puffe, and voted unanimously. (3) L. W. Boring requested approval to move two houses from South Cobb Drive-