04-01-1974 Regular Meeting�3 C: 236
APRIL 1, 1914
'1 The regularly scheduled meeting of Mayor and Council was held,
pursuant to the Charter at City Hall, Smyrna, Georgia, April
1, 1974, at 7 :30 o'clock P. M. Mayor John C. Porterfield presided.
All Council members were present. Also present -were Willouise
Spivey, Assistant City Clerk; Bob Burchfield, Administrative"
Assistant; N6ra Proctor, Clerk; J. E. David,;. Supt. of Public
Works; Leon Hood, Building Inspector, Joe Briggs, Mayes, Sudderth
and Etheredge, and a representative of the press. L. W. Charles
was absent due to illness.
Invocation was given by Councilman Homer Kuhl.
Mr. Rex Hart of Woodland Trail presented a sample of liquid that
he said came from an overflow of the sewer lift station at
Woodland Arms Apartments. He stated this overflow ran into a dry
creek bed and became stagnated. Mayor Porterfield stated a
second pump was installed at -this lift station some years ago
and he thought this problem.had been solved. He instructed Jim
David to check into the problem and make a report in writing,
a copy to be given all"councilmen, and make recommendations at
the next meeting.
1' Skip Carlson, Neighborhood Executive for the Boy Scouts of America,
appeared before Mayor and Council and requested permission to use
the front area of Jonquil Park for activities during Scout Day.
The date will be some time in June. His request to use'the park
was granted and Mayor Porterfield. asked the Chairman of the Parks
Department to work with Mr. Carlson as to date, etc.
Mayor Porterfield recognized members of Boy Scout Troup #572 from
Dobbins Air Force Base. The Troup Leader stated they were working
on their Merit Badge.
ZONING HEARINGS: A zoning hearing was held on property known as
the Ola Turley property, located in Land Lot 315 from R-20 to
R-15." A large group was in attendance to oppose the rezoning.
Ken Nix acted as spokesman for this group. Jim Thurmond repre-
sented the petitioners. After discussion Earle Cochran made a
motion this zoning request be denied. The motion was seconded
by Homer Kuhl and the vote was unanimous.
A zoning hearing was held on property located at 1270 Sunset
Avenue from L-C to N-S. There was no opposition to the rezoning.
Jerry Mills made a motion to continue the hearing'to the next
meeting. The motion was seconded by Marston Tuck. The vote on
.the motion was two (2) for'and five (5) against. After discussion
Jerry Mills made a motion to approve the zoning change from L-C
to N-S, restricted to an antique shop with _no outside displays.
The motion was seconded by Marston Tuck and the vote was unanimous.
A zoning hearing" was held on property owned by the-1,{onigsmarks,
Mrs. Erma M. Gresham, Marion L. Coppenger and the G. C. Green
Estate, located at 1352, 1366, 1370, 1376 Love Street and a
small lot on Lee Street, which originally was a part of lot 19
11376 Love Street), from R-1 to F-C. Reed Konigsmark represented
the petitioners. He.requested this property be rezoned as one
track since,it would be developed as one. Several citizens
appeared toloppose the rezoning. Mr. Gene Rice of Lee Street
stated he opposed any zoning for commercial use on Lee Street.
' Mr. R. D. McNalley opposed any commercial zoning on Lave or Lee
Street. After discussion Earle Cochran made a motion to deny
i` the request to rezone this property from R-1 to F-C. Elbert
" Coalson seconded the motion and the vote was four to three to
deny. Voting for denial were Elbert Coalson, Earle Cochran,
�( Merry Mills and C. 0. Canada. Voting against the motion: Forster
Puffe, Homer Kuhl and Marston -Tuck.
' ANN EXATIOB: A petition was submitted by R. L. Ruff for annexation
of approximately 22 acres of property in Land Lots 310, 311 and
and 339, fronting on Concord Road and Hurt Road. Homer Kuhl
237
(Continuation of April 1, 1974 meeting)
made a motion this property be annexed under the Cobb County
R-20 zoning: Jerry Mills seconded the motion and the vote was
unanimous.
Approval of a change in management for a malt beverage and wine
license at Winn-Dixie,•3248 South Cobb Drive, to Deames R.
Huffman was requested. On motion by Forster Puffe, seconded
by Jerry Mills, the motion passed on a six to one vote. Homer
Kuhl voted against. <
Approval of a change in management for a malt beverage license
at Pizza Inn, 2282 Old Concord Road, to Sondy I. Lawrence was
requested. On motion by Forster Puffe, seconded by Jerry Mills,
the motion passed on a six to one vote. Homer Kuhl voted
against.
Approval of a change in management for a malt beverage and wine
license'at the Southland Corporation, 2539 Old Concord Road, to
Thomas A. Hollingsworth, III, was requested. On motion by
Forster Puffe, seconded by Jerry Mills, the motion passed on a
six to one vote. Homer Kuhl voted against.
Commercial building permits were submitted by Building Inspgctor
Leon Hood and upon his recommendations the following action is 1
recorded:
(1) Williams Enterprises requested a building permit to build
a breeze -way type -enclosure, adjoining two existing houses on
Iiawthorne Street. The buildings are of frame construction and
the addition will be of the same type. C. 0. Canada made a
motion the permit be approved. Marston Tuck seconded the motion
and the vote was unanimous. -
(2) Mr. icing requested a building permit to remove the glass
from the front of the Gordy Tire Company building on Cherokee
Road, and remodel the inside of the building for office space.
Elbert Coalson made a motion the permit be -approved. The motion
was seconded by Marston Tuck and the vote was six to one. Earle
Cochran opposed.
(3) Mr.- H. M. Brand of 2699 Brown Circle, requested a permit
to build a carport, also requested a side yard variance of-8 -
feet. The carport would extend to within two feet of'the property
line of Mrs. James 0. Cobb. Mr. Brand presented a letter, signed
by Mrs. Cobb, stating she had no objections. Marston Tuck made
a motion the permit and variance be approved. Elbert Coalson
seconded the motion and the vote was unanimous.
(4) Northside Realty Company requested a side yard set back
variance of nine feet for a building to be -erected at 2615
South Cobb Drive. This would be within one foot of the property
line. Mr. Hood stated this is a lot -of record and is only 70
feet wide. Vorster Puffe made a motion the variance be granted.
Jerry Mills seconded the motion and the vote was six to one.
Marston•Tuck opposed. -
(5) Northside Realty Company requested a permit to build a
masonery and brick veneer building on property located at 2615
South Cobb Drive, to be used as Real Estate offices. Elbert
Coalson made a motion the permit -be granted. Jerry -Mills seconded
the motion and the vote wastunanimous. t
(6) Gene Nix requested permission to erect a prefab type building
on property located at 1285-Fuller Street,'48 inches from the
property line and 10 feet inside the fence. He -stated the building
would,meeth•the electrical requirements of the City. He requested
the folfowing• variances : 41 rear yard variance, 30' front yard
variance, portable building, chemical type toilet. He stated
the building would not be used for living quarters. Elbert Coalson
made a motion the request be granted. Jerry'Mills seconded the
motion and the vote was unanimous.
Leon Hood•reported,there.is a new resident manager at the Woodland
Arms Apartments. He talked with her and she had agreed to comply
with all his recommendations -within ten days. At this time he
.will make another inspection.
t-
(Continuation of April 1, 1974 meeting)
�3V 238
Mayor Porterfield recommended we accept the survey made by Mayes,
Sudderth and Etheredge of the right=of-way of Alexander Street.
Marston Tuck made a motion this plat be accepted. Forster Puffe
seconded the motion and the vote was unanimous.
Marston Tuck made a motion that Mayor Porterfield sign a quit-
claim deed, deeding the undedicated street known as "Aberdeen
Way" to Crowe Poster Advertising Company, Inc., the Estate of
A. L. Crowe and 'Mrs. Arthur L. Crowe. Forster ' Yuffe seconded
the motion and the vote was unanimous.
Attorney George Kreeger, representing City Attorney Berl Tate,
reported that Mr. Tate interpreted Section 18-5026 of the
Business License Schedule of Fees - Gambling operations, to
mean that the operation of pinball machines would be gambling,
as called out in the ordinance, but that other games, which
are games of skill, would not be classified as gambling devices.
He is to check the State Law to determine if these games are
allowed in businesses that sell beer and wine.
Jim David reported progress on South Cobb Drive -was good, the
fire plug at South Cobb and Concord Road has been moved, and
curbs were being poured on Concord -Love. Mayor Porterfield
reported that Bob Farrar would start appraising the property
i on Atlanta Street this week.
Jerry Mills reported that'he, Vic Broyles and C. 0. Canada met
with Mr. Halpern, owner of Belmont Hills Shopping Center, this
week. He agreed to install a six foot fence, with slats, down
Fleming Street from the first entrance. behind A & P to the;
side yard of Mrs.'Dyar. Construction of the fence started today.
Forster Puffe reported he met arith Mr. Dorsey Dyer of the
Department of Transportation with reference to the traffic
signals for South Cobb Drive, and that after checking over the
state contract found there was only limited equipment available
and much time and work would be involved. Mr. -Dyer advised
him to.accept the 16V bid, and the contract was awarded to A & P
Signal Company..
Jerry Mills reported that Leon Hood had written a letter to the
owners of Stephens Woods Apartments with reference to erecting
a fence.
Isomer Kuhl made ammotion the minutes of March 4, 1974 be approved
�r as submitted. Elbert Coalson seconded the motion and the vote
was unanimous.
i Homer Kuhl made a motion the minutes of March 18, 1974-be approved
as submitted. Jerry Mills.seconded�the motion'and the vote was
unanimous. f`
Homer Kuhl reported he had talked with the auditor and that funds
would'be transferred to take care of the South Cobb Drive.and
Concord' -Love expenses in the water department and that the
Administrative report was in the red due to the purchase of the
park property; however, BOR funds should be received soon. He
also cautioned Department Chairman that most of the revenues
anticipated for the present fiscal year had been received.and
expenditures should be watched carefully. He also asked all
Councilmen to start thinking of new budgets.
Marston Tuck reported 'the new fire station is almost finished.
The last of the radio equipment is being installed this week. The
landscaping has been started and is ready for the Parks Department
to rake`and sow the grass. They should be ready.to move in the
last p-Art of next week and the dedication should be in about
three weeks.
239
(Continuation of April 1, 1974 meeting)
John C. Porterfield stated he had been contacted by the Smyrna
Little League President,_Mr, Jack Hurst, requesting permission
to hold the opening day Parade on Saturday, April 20, 1974.
It will start at the Smyrna Drive -In on Atlanta Street, south
to Cherokee Road, to South Cobb Drive, south to Concord Road,
Concord'Road to -Spring Street, to Jonquil Park. Senator Herman
Talmadge will be Grand Marshall of the parade. Joe Thompson
will meet Senator Talmadge at the -City Hall at 11:45 A. M. and
all Councilmen were re4uest_ed to join them here. Mayor and
Council are invited to the parade. In case'of rain, the
program will be held in the Campbell High School Gym. Marston
Tuck made a motion the•request for the parade be approved. Jerry
Mills seconded the motion and the vote was unanimous.
Mayor Porterfield stated the Pony League opened -the same day,
Apri1.20, 1974, and that Council was invited to the opening
ceremoniesTat 9:00 A. M.
Mayor Porterfield presented.literature he had received from the
Secretary of State with reference to the new "Campaign Financing
Disclosure" Act, Act No. 803. He.,asked George Kreeger to get
8 or 10 of these booklets in order that each councilman could
have one-.
C. 0. Canada made a motion that bids be let for the lighting of
two softball fields at Jonquil Park. Marston Tuck seconded
the motion and the vote was unanimous. Bids are to opened at
the next Council -Meeting.
T
C. 0. Canada announced the committee was interviewing two '
applicants for the position of Parks Director. One interview
was set for Thursday at 7:00 P. M., the other at 11:00 A. M.
Saturday. The committee will have a report for the next meeting.
(Jerry Mills stated that Carnivals, setting up in the various
shopping centers, were paying outside Garbage Companies to pick
up their garbage. He made a motion that the City install two
(2) six yard containers, at a cost of $60.00 for the first week,
plus $30.00 for the next week, or part of a week; this fee to.
be collected at the time business licenses are issued. Earle
tCochran seconded the - motion and the vote was unanimous..
Mayor Porterfield reported he had not been able to contact
Commissioner Ernest Barrett about the dog lease law, but would
keep trying.
Homer'Kuhl reported he would be able to give a report on the
self service gas stations within ten or twelve days.
Forster Puffe'recommended we start charging one-half the cost
of malt beverage, wine and liquor licenses, when a management
change is made, to cover the cost of investigation. 'He made
a motion the cost of the transfer of business license for
selling malt beverage be $100, malt beverage pourin , $125;
wine license, $100; wine pouring, $125;•and liquor 500.00.
The motion was seconded by -Earle Cochran and the vote was..
Lsix to one. Homer ICuhl opposed.
Forster Puffe stated the street committee recommended the
closing of certain dead-end streets. He made a motion the follow-
ing streets be closed.
Ward 1. • Barbara Lane, -east end • Ward 2..
-Barbara Lane, west end
Brenda Lane, west end
Brenda Drive, east end
Rollingview Dr;south end
Spring Creek PI.,north end
Spring Drive, north end
Two (2) unamed streets off
the west side of Spring Dr.
in LL 735 & 736
Unamed street north-east
off Brenda Drive
Navaho Tr.south-west end
Mohawk Place,west end
Shawnee Place,south-east end
Shawnee P1. ,north 4wast end'
Sioux Path, north end
Shawnee Trail, south end
Ashwood 'Dr., east end
Argyle Dr., east end
Hickory Place, south end
Ann Road, north-esB t end
(Continuation of April 1, 1974 meeting)
240
Ward 7. Fawn Lane, south end
Ward 6. Green Acres Dr., east
end
Benmac Rd., west end
Marston Tuck seconded the motion and the vote was unanimous.
Mayor Porterfield stated he had requested a meeting with the
Chairman of the Cobb County Board of Education with reference to
the Civic Center and he assumed the hearing would be this week.
Meeting adjourned at 11:00 o'clock P. M.
E