04-16-1973 Regular MeetingPAGE 148
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APRIL 16, 1973
The regularly scheduled mid -month meeting of Mayor and Council
was held at -City Hall, Smyrna, Georgia, April lf; 1973, 'and"
called to order at 7:30 P. Mr by Mayor John C. Porterfield.
All Councilmen were present. Also present were: L. W. Charles,
-City Clerk, D. Scott Jackson, Asst. City Cler k,.Leon Hood;
Building Inspector, J. E. David, Supt. Public Works, V. M.
Broyles, Asst. Supt. Public Works, N. Proctor, Clerk, George
Hardy and Dick Willis, Consultant Engineers, and a represent-
ative of the Marietta press.
Invocation was given by Councilman Homer Kuhl.
Mayor John C. Porterfield welcomed Boy Scout Troop 156 to the
meeting and- asked that the troop as a group- lead the Pledge •
to the Flag.
Mr. Cecil Harris appeared before Mayor and Council stating
that two residents in the Green Acres subdivision did not wish'
to, sign.easements=to the City for a storm drainage pipe along
the creek to Trailwood Drive. Mayor Porterfield stated he
would contact the two property owners.
W. A. MacKenna appeared before Mayor and Council in regard to
a drainage problem<on a vacant lot`on Spring Road. Mr. MacKenna
was told the street committee had not checked this out but
would probably have a report at the next meeting.
Dan Mixon of Old -Concord Road stated he wished to congratulate
the Fire Department on the efficient and rapid manner in which
they handled a recent fire at his home.
A zoning hearing was held on the Dunton property located in
Land Lot 379, South Cobb Drive and Church Street, from R-20 to
C-1. There was no opposition to the rezoning. Mr. Don Goodrich
represented Mr. Summers at the hearing. Mr. Goodrich stated
they had a fifty-five year lease on the property and planned
to build a shopping center, including a 20,000 square foot
furniture store. J. E. David reported water was available but
sewerage would be handled by Cobb County. The existing traffic
problem at this intersection was discussed. Mr. Goodrich stated
they would grant sufficient right of way for a third lane the
entire length of the property on Church Street and would share
in one-half the cost of a traffic fight at the intersection.
Councilman E. R. Coalson motioned the property be rezoned as
advertised, with the stipulation the City be deeded sufficient
right of way for a third lane the length of the property on
Church Street and.that they pay one-half the cost of a traffic
light at the intersection of South Cobb Drive and Church Street.
The motion was seconded by Forster Puffe and carried by unanimous
vote.
On motion by Homer Kuhl, seconded by E. R. Coalson, May 7, 1973
was the date set for public Zoning hearing on property located
on Woodruff Drive from R-2 to C-2. Vote on the motion was
unanimous (Harold Ellman property - 22 acres).
On motion'by Jack Miles, seconded by Homer Kuhl, May 7, 1973,
was the date ;set for public zoning hearing,on property located
on Love Street Extension, from District "C" to C-1,restaurant.
Vote on the motion was unanimous.
1
On motion by -Homer Kuhl, seconded by C". 0. Canada, May 7,1973
was the -date set for public zoning hearing on property located
at 2810 Cobb Lane, real estate office or professional, from
District "C" to C-1. 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:
(Continuation of April 16, 1973 Meeting) 1; Page 149
(1) Request from Winkenhofer and McCurdy Funeral Home for
chapel, 80' x 40' Butler type steel structure, at the rear of
the present building. On motion by -Homer Kuhl, seconded by
C. 0. Canada, the.permit was granted. Vote on the motion
was unanimous; '
(2) C & V Sign•Company, erect 4' X'121' lighted sign on package
store at Jonquil Plaza. This request was referred to Det. Lt.
David Farmer for check out'of state regulat.ons'and to be
brought up at the next meeting. '
(3) The' Builditig Inspector submitted to Mayor and Council
photographs showing the condition of the house moved to Cherokee
Trail by Mark Turner. Mr. Hood also read a letter from Mr.
Turner requesting an extension of time to complete the re-
modeling. Since the ninety day period granted to complete the
house at the time the permit was issued had lapsed, Councilman
E. R. Coalson motioned that no extension be granted and that
the police department cite Mr. Turner into Recorder's Court.
Arthur T. Bacon seconded the motion which carried•by unanimous
vote.
Mr. Jim Leinsendahl, of Kidd and Associates, presented to Mayor
and Council an "Existing Land Use Map" and enough copies of the
preliminary Zoning Ordinance for•Mayor and Council and the
Planning Board Members.' Mr. Leinsendahl requested that the
preliminary Zoning Ordinance be reviewed prior to the next
meeting to be held Tuesday, April 24, 1973, at 7:30 P. M: All
Planning Bodrd Members and Lt. James Crumbley of the Fire De-
partment are to be invited.
Sales and Leasing of Mobile Offices, Hargrove Road, was dropped
from the Agenda.
Reports from' --the Street Committee Chairman are as follows:
Atlanta Street: No Report
South Cobb'Drivd: Bids were opened on relocation of utilities
and are recorded as follows:
Base Bid Alternate#1 Alternate #2
J. E. Lovern
Const. Co. $85,375.00 + $2,036.15 $39630.00
Smyrna, Ga.
Nichols Contracting
Company $699348.70
Atlanta, Georgia
+ $ 921.00-$79260..00
The low bid of Nichols Contracting Company was accepted on
motion by Forster Puffe, seconded by Homer Kuhl, subject to
checkout of specifications by Consultant Engineer George Hardy.
Vote on`the.motion was unanimous.
Concord Road -Love Street: Bids were opened on relocation•of
utilities and are recorded as follows:
' Base Bid- Alternate #1
J. E. Lovern Const. Co. .
Smyrna, Georgia •$969325.00 + $3,097.50
Nichols Contracting Co. $52,361.25 + $2,555.00.
Metro Pipeline Co.
Athens, Georgia $123 , 344.00 No Bid
On motion by Homer Kuhl, seconded by Marston Tuck, the low
bid of Nichols Contracting Company was`accepted subject to
checkout of specifications by Consultant Engineer George Hardy.
Vote on the motion was unanimous.
Church, Powder Springs and Highland.Drive paving•: No report.
A
(Continuation of April 16, 1973 Meeting)
3 PAGE 150
Consultant Engineer George Hardy stated that at present the
permanent and temporary plans show no installation of a traffic
light at -Church Street and South Cobb Drive. Mr. Hardy was
requested to inform the Department of Transportation of the
planned shopping center at this intersection with the hope this
might have some influence on approval of a traffic'light.
May 15, 1973 was the date called out for installation of 'the
traffic light at Hargrove Road and -the Four Lane.
Hearing on malt beverage and wine applications for Tenneco
Food Store, 1166 Concord Road was deferred.
Bid opening on a new roof for the City Hall was deferred to
the next meeting.
Civic Center.Chairman Forster Puffe reported meetings were
held on the first Wednesday of each month and at presnet they
were -trying to get on the Agenda of the Cobb County Board of
Education in regard to the purchase of land on Ward Street,
this being the"mo9t ideal location. Mr. Puffe stated he met
with Commissioner Barrett and Mrs. Ward and both were very
receptive, and from all indications the committee would have
very strong support.
A` ' Finance Chairman Homer Kuhl commented on the March and Year
to Date Financial Reports. Mayor J. C. Porterfield requested
all department heads to check purchases carefully since revenues
for the next three months would be very low.
On motion by Homer Kuhl, seconded by C. 0. Canada, malt beverage
rates were approved as listed below, with the effective date
being April 9,'1973, in accordance with State Law and 1973
House Bill #329:
Total
Size
Containers
Ounces
7 oz.
(24)
168
'
(48)
336
8 oz.
(24)
192
(36)
288
(48)
384
12 oz.
(24)
288
(48)
576
14 oz.
(24)'
336
16 oz..
(24)
384
(48)
768'
32 oz.
(12)
'384
(24)
768
4 Keg 7.75 gal..
992
�g Keg 15.50 gal.
1984
Vote on the motion
was unanimous.
Excise
.56
1.12
.64
96
1.28
.96
1.92
1.12
1.28
2.56
1.28
2.56
3.31
6.61
The Police and Fire Department salary pay scale was adopted
as submitted and corrected on motion by Homer Kuhl, seconded
by Forster Puffe, to be effective with the first full pay
period after July 1, 1973. The'vote was unanimous.
On motion by Homer Kuhl, seconded by Marston Tuck, the tax
milage rate for 1973 was set at 12.5 mills. Vote on the motion
was unanimous.
June 18,, 1973 was the date'set.for finalization of 1973-74
operating budgets and June 23, 1973 as the very latest date.
All Chairman were requested to contact Homer Kuhl as soon as
budgets were ready.
Councilman Homer Kuhl reported he had contacted Bob Lane of
Litton ABS today and told him csf the problems with the Litton
#1241 machine. Mr. Kuhl further stated that Mr. Gray was to
(Continuation of April 16, 1973 Meeting) �J
PAGE 151
call Tuesday morning and arrange for someone to come out and
start programming water and taxes. Mayor.John Porterfield
stated he wanted to be present and also wanted the Finance
Committee present -when the representative calls at City Hall.
Mayor j..C. , Porterfield stated that he, Jack.Miles and Homer
Kuhl"would attend the C. M. A. meeting to be -held April 17,
1973.
Marston Tuck'stated preliminary plans for the new sub fire
station should be available in.about two weeks.
On motion by Arthur T. Bacon „seconded by C. 0. Canada, it
was agreed the City of Smyrna would sponsor the Chamber of
Commerce meeting on April 18, 1973. -Vote on the motion was
unanimous.
Councilman Marston Tuck -stated representatives of the'Georg-ia
Power Company had reviewed the plans for the emergency power
hook up to City Hall and the Fire Station and recommended
a few changes which had been made. Mayor J. C. Porterfield
stated that Georgia Power officials thought the price quoted
by T. C. Ledbetter was a fair one, and -since a price increase
was pending and the City would do part of the work, `he re-
commended we accept the bid. Marston Tuck moved the contract
be awarded T. C. Ledbetter in the amount of $6714.and charged
to Revenue Sharing fund, and -the approximately.$300.additional
for radio service be paid -from the durrent operating budget..
The motion was seconded by Homer Kuhl and carried by unanimous
vote. '
Mayor J. C.'Porterfield announced the,Pony League Opening Day
Ceremonies would be held April 28, 1973, at 10:00 A. M., at
Cobb Park.
D. Scott Jackson stated Sister Christian had been notified
of the zoning restrictions on the house where she is doing
business on Cherokee Road and had been given ten days to find
another location or we would refund the license fee. Mr:
Jackson also stated he told Sister Christian she could ask
Mr. Nix to apply for a change in the zoning.
Councilman Homer Kuhl recommended that no business licenses
for new businesses be issued by City Hall without first checking
on 'the zoning classification, also, that an application similar
to'the card now used, showing the zoning and name of owner
of'the property, be prepared and filled in by the applidant
of'any new business.
Councilman Homer Kuhl motioned that the Business License Sche-
dule of Fees be amended to include the following:
Code 3175 Mobile Office Sales $150.00
The motion was seconded by Arthur T. Bacon and voted unanimously.
Councilman`Forster Puffe stated the trailer at the apartments
across from Campbell High School, originally'used as.a con-
struction office, is now being used -as a real estate office.
The Building Inspector was requested to have the trailer moved.
Councilman Forster'Puffe motioned that legal proceedings be
instigated against Burson Properties for indebtedness on tap
on fees at the Norseman Apartments. The motion was seconded
by Marston Tuck and voted unanimously.
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An ordinance outlawing bottle houses in the City limits was
read,in Council and upon motion by Forster'Puffe, seconded by
Marston Tuck, adopted as corrected. Vote on the motion was
unanimous.
Meeting adjourned 9:24 P. M.
(Continuation of April 16, 1973 Meeting)
page 152
�A"c' 4j� -
rC. POItTERFIELIP MAYOR
MARSTON TUCK, COUNCILMAN
WARD #1
ARTHUR T. BACON, COUNCILMAN
WARD #3
wrucL rr-)
(JACK) NORMAN MILES, COUNCILMAN
WARD #7
V1/
L. W. CHARLES, C LERK
►��l�ii-��wd11111
FOVTER PUFFE, COUNC LMAN
WARD #2
HOMER KUHL, ZLMAN
WARD # 4'