05-07-1973 Regular MeetingPAGE 153
MAY 5, 1973
_,
A special called meeting of Mayor and Council was held in City„Hall, Smyrna,
Georgia, on Saturday, May 5, 1973.
A motion was made by Councilman Homer Kuhl at 10:06 A. M. to declare the
meeting a regular called meeting.,. Councilman Arthur T. Bacon seconded the
motion. Mayo,r",J. C.! Porter,field.presided and Council members present were:
C. 0. Canada, Arthur T. Bacon, Forster Puffe and Homer Kuhl. Asst. City
Clerk D. Scott'Jackson was also present.
The purpose of the meeting was to discuss an ordinance authorizing the pur-
chase of park property.
Councilman Forster Puffe motioned the ordinance be approved as presented
authorizing the purchase of property in Land Lots 483 and 526, of the 17th
District, 2nd Section, Cobb'County, Georgia, for recreation purposes; the
purchase to`be'made from Guardian Investments, Inc., and the:'Ordinance,,to
be made a part of Minutes of this meeting. The motion was seconded by Homer
Kuhl and vote on the motion was unanimous.
On motion by Homer Kuhl, seconded by C. 0. Canada, the meeting adjourned at
10 :10 A. M.
Above motion was discussed afterr the meeting with E. R. Coalson and Marston
Tuck who approved.
MAY 7, 1973
The regularly scheduled meeting of Mayor and Council was held, pursuant to
the Charter, at City Hall, Smyrna, Georgia, on May 7, 1973, andccalled to
order at 7:30 o'clock P. M. by presiding officer John C. Porterfield. All
Council Members were present. Also present: L. W. Charles, City Clerk,
Leon Hood, Building Inspector, C. C. Porterfield, Fire Chief, J. E. David,
Public Works Supt., N. Proctor, Clerk, Dick Willis, Consultant Engineer,
and a representative of the Marietta press. Scott Jackson was absent.
Invocation was given by Councilman Homer Kuhl.
Mr. Quinton King appeared before Mayor and Council with a complaint regarding
business licenses for apartments. Mr. King stated this had been ruled
unconstitutional in some cities and requested the City Council to rescind
the ordinance relating to apartments in the City of Smyrna. Mayor J. C.
Porterfield referred the matter to City Attorney Berk. T. Tate and told Mr.
King he would be notified of Mr. Tate's ruling.
Mr. Joe McHarg, Architect, appeared before Mayor and Council with preliminary
plans of the new fire sub -station. Councilman Marston Tuck motioned the
preliminary plans rendered be approved as submitted and that Mr. McHarg be
authorized to proceed with detailed drawings and plans. The motion was
seconded by Arthur T. Bacon and voted unanimously. The cost of the station
was estimated at $65,000.00
ZONINGS
A zoning hearing was held on property located at 2810 Cobb Lane, District
"C" to C-1, real estate office. Mr. Bill Blount, representing the petitioner,
stated the building would be remodled to conform with Land Mark Realty building
next door. There was no opposition to the rezoning. On Motion by C. 0. Canada,
seconded by Marston Tuck, the property was zoned as requested from Dist. "C"
to C-1, restricted to a professional office, per plans submitted. Vote on
the motion was unanimous.
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CONTINUATION OF MAY 7, 1973 MINUTES PAGE 154
A zoning hearing was held on property located in Land Lot 594, District "C"
to C-1, Barbeque Restaurant, and known per present numbering system as 1641
Love Street Extension. There was no opposition to the rezoning. On motion
by -Marston Tuck, -seconded by C. 0. Canada, the property was rezoned as
advertised from District "C" to C-1, restricted to a barbeque restaurant,
per plans submitted. Vote on the motion was unanimous.
r I t
A zoning hearing was held on the Harold Ellman property; 22 acres, located
in Land Lots 845 and 846, Woodruff Drive,_'from 1-2''to C=2. 'There -"was no
opposition to the rezoning. Mr. Dallas Champion and Mr. Ellman appeared before
Mayor and Council to answer any questions regarding the proposed commercial
shopping center, office park and storage warehouses. On motion by Arthur T.
Bacon, seconded by'Forster Puffe, the property Iwas rezoned from,.R-2 to C-2
as advertised, restricted to retail distribution, offices, and warehouse
storage in the rear. Vote on the motion was unanimous.
On motion by Homer Kuhl, seconded by C. 0. Canada,,.May,2l,.l973,was the date
set to consider the rezoning of seventeeri 'acres of, the Diamond,,Kay, property.
in'Land Lots 778, 806, and 807, fronting on -'Highway 41. Vote on the motion
was unanimous.
A request was submitted by Councilman Marston Tuck for Pinkerton and Laws
Company to use the existing building located at 2.7'50 Hargrove Road, leased
by them for a period of three years from Charles F. Brown and zoned C-1
commercial, for an office for the sales and leasing of office type trailers.
Mr. Laws also stated plans for this property calls for fencing in of the back
60 feet of the property for storage of these trailers,,and that there would
be no onsite sales conducted as this would be done'by mail order and telephone.
Mr. Laws further stated that after three years the old house would be torn
down and a building similar to the Southern Bell building would be constructed
on the site. On motion by Marston Tuck, seconded by E. R. Coalson, the request
was granted with the stipulation of a maximum of three years, the permit to be
renewed annually, and a maximum of six trailers on the property at any one time;
also that the letter from Mr. Arthur P. Laws outlining use of the property be
made a part of the minutes of this meeting. Vote -on the motion was six to one,
Homer Kuhl opposed.
Mr. M. C. Waldrip, President, Smyrna Taxi Company, appeared before Mayor and
Council requesting an increase in taxi fares. On motion by E. R. Coalson,
seconded by Jack Miles, the increase to 50p, for the first 1/5 mile and 10("
for each 1/5 mile thereafter was approved by unanimous vote.
Commercial building permits were submitted by building inspector Leon Hood
and upon his recommendations the following action is recorded:
(1) A letter signed by Mr. George W. Hood, President of Hood Oil Company,
was read in Council giving permission to Halpern Enterprises to erect a building
(Western Auto Store) on the property line at the rear of the Hood Oil Station
located at 2540 Atlanta Street. On motion by Arthur T. Bacon, seconded by C. 0.
Canada, the waiver of 28 1/2' rear yard set back was granted. Vote on the
motion was unanimous.
(2) C & V Sign Company requested approval for erection of a 4' X 12' unlighted
sign to be erected on Eddie's Liquor Store, 2961 Jonquil Plaza. This permit
was deferred at the April 16 meeting for checkout with state regulations. On
motion by Arthur T. Bacon,'seconded by C. 0. Canada, the permit was approved
on unanimous vote.
(3) Commercial Bank,of Cobb County, 2410 Atlanta Street. Approved unanimously
on motion,by Homer Kuhl, seconded by Arthur T. Bacon.
(4) Security National Bank, 3393 South Cobb Drive, two story addition to
present structure. Approved unanimously on motion by Homer Kuhl, seconded by
-E. R. Coalson.
(5) Request to move house from 2391 Spring Road (Bill MacKenna) to 534 Benmac
Road. Approved on motion by E. R. Coalson, seconded by Marston Tuck, with the
stipulation the house be completely finished on location within 90 days. Vote
on the motion was unanimous.
(6) Barbeque Restaurant, 1641 Love Street Extension. Approved on motion by
Marston Tuck, seconded by C. 0. Canada, per plans submitted. Vote on the motion
was unanimous.
(7) Bill's Tire Service, 3273 Atlanta Street, steel type metal structure,
for sales of new and used tires. Approved on motion by Marston Tuck, seconded
by E. R. Coalson. Vote on the motion was unanimous.
(Continuation of May 7, 1973 Minutes)
PAGE 155
(8) Personality Homes, remodel house 2810 Cobb Lane, for real estate office.
Passed by unanimous vote on motion by Marston Tuck, seconded by Forster Puffe.
The application submitted by Mr. Marion W. Croker fora beer pouring license
at Gigi's, Grant City,'. South Cobb. Drive, was approved on motion by Arthur T.
Bacon, seconded by Forster Puffe. The vote was six to one, Homer Kuhl opposed.
The application submitted by Mr. -,Marion W. Croker for a wine pouring license
at Gigi's, Grant,City, South Cobb,Drive, was approved on motion by Arthur T.
Bacon, seconded by'Forster Puffe. The vote was six to one, Homer Kuhl opposed.
Road Projects:
Atlanta Road: Attorney Berl T. Tate was requested by Mayor J. C. Porterfield
to ask George-H. Kreeger to make an appointment -with Mr Musgrove of the
Department of Transportation at the earliest possible date at a time when
Mr. Kreeger could accompany Mayor and Council to the meeting.
On the recommendation of Consultant Engineers, Mayes, Sudderth, and Etheredge,
and on motion by Marston Tuck, the low bid of Nichols Contracting Company
of Mabieton, was accepted, including both Alternate I and II, for relocation
of utilities on South Cobb Drive.
i
Base Bid $69,348.50
Alternate•I - Use of ductile iron pipe in lieu of cast iron + 921.00
Alternate.II - Use of open cuts in`lieu of boring & jacking - 7,260.00
Total $63,009.50
The motion was seconded by Jack Miles and.carried by unanimous vote.
On the'recommendation.of.Consultant Engineers, Mayes, Sudderth.and Etheredge,
and on motion by Marston Tuck, seconded by Jack Miles, the low bid of Nichols
Contracting Company was accepted, including alternate I, for relocation of
utilities on Love -Concord connector.
Base Bid $52,361.25
Alternate I, -Use of ductile iron pipe materials in lieu of + 2,555.00
cast iron TOTAL $54,916.25
Vote on the motion-iwas unanimous.
I
There was no report on resurfacing of Church Street, Powder Springs and
Highland Drive. J. E. David was requested to contact Gene Jackson to determine
if the work orders had been returned from the state office.
Bids for a new roof for City Hall were opened and are recorded as follows:
W. P. Stephens Lumber Company, Marietta, Georgia $3,058.57
Harold Parris, Smyrna, Georgia $2,800.00
On motion by Homer Kuhl, seconded by E. R. Coalson, the low bid was accepted
subject to checkout with the building inspector. Vote on the.motion was
unanimous.
Bids for.an Air conditioning unit for City Hall were opened and are recorded
as follows:
E. Smith Heating and Air Conditioning, Inc., Marietta, Ga. $6,395.00
Cobb Heating and Air Conditioning Co., Inc., Smyrna, Ga. $6,284.50
The low bid of Cobb Heating and Air Conditioning Co., Inc. in the amount of
$6,284.50 was accepted on motion by Marston Tuck, subject to checkout of
specifications by the building inspector and heating and air conditioning
inspector. The motion was seconded by Homer Kuhl and carried by unanimous
vote.
On motion by Councilman Homer Kuhl, authorization was granted for the purchase
of a new Saxon copying machine for City Hall at a cost of $111.15 per month
to be paid from the General Fund. The copier presently used in City.Hall
will be transferred to the police department and'the machine in the police
department will be transferred to the fire department. The motion to purchase
the new machine for City Hall was seconded by Councilman Marston Tuck and
vote on i the motion was unanimous.
(Continuation of May 7, 1973 Minutes)
PAGE 156
On motion by Jack Miles, seconded by C. 0. Canada, authorization was granted -
to let bids to be opened June 4, 1973 on one new police car; the specifications
to be drawn around one make car only. Vote on the motion was unanimous.
On motion by Marston Tuck, seconded by Forster Puffe, authorization was granted
to let bids for a sanitary sewer line from Brenda and Spring Drive(g.ravity
flow), -to the new county line; the bids to be opened May.21, 1973. The cost
was'estimated.at $15,000. Vote on the�motion`was unanimous.
Councilman Arthur T. Bacon reported there were eleven houses on'Fleming Street
that were not on sanitary sewage and motioned that the engineers be authorized
to draw up designs for this project and give an•estimated cost. The.motion
was seconded by C. 0. Canada and voted unanimously.
,Councilman Forster-Puffe reporting on the proposed Civic Center stated the
committee had visited several- Civic Centers in Georgia and Alabama and they
felt they were.now ready to start interviewing architects. Mr. Puffe'also
read a Resolution which would make the Civic Center an official body of the
City of Smyrna. City Attorney Berl T. Tate reworded the Resolution and on
motion by Forster-Puffe, seconded by,Arthur T. Bacon, it was adopted as
amended on unanimous vote.
RESOLUTION
THAT -THE "BILL WARD MEMORIAL CIVIC CENTER, INC." BE RECOGNIZED AS AN*OFFI.CIAL
BODY OF THE CITY OF SMYRNA, EXISTING PER THE REQUEST OF MAYOR AND -,COUNCIL AND
ARE AUTHORIZED TO ACT ON BEHALF OF THE CITY, FOR ALL MATTERS CONCERNING THE
CIVIC CENTER, PROVIDED; HOWEVER, THAT CONFIRMATION BY THE MAYOR AND COUNCIL
OF THE CITY OF SMYRNA MUST BE,OBTAINED PRIOR TO ENTERING INTO ANY CONTRACTS
OR AGREEMENTS FOR PURCHASE OF MATERIALS OR SERVICES.
Mr. Puffe further reported that the committee would meet with the Board of
Education on Wednesday, May 9, for the_.purpose of discussing the purchase of
land across from Nash Junior High School, this being the best site for the"
Center. Mayor J. C. Porterfield to attend this meeting. City Clerk L. W.
Charles was requested to write a letter to Mr. Jack N. Darnell, Chairman of
the Board of Education, certifying action by Council making the committee an
official body of the City of Smyrna to be delivered -to the meeting by Mayor
Porterfield.
Mr. Forster Puffe also reported on the Parks and Recreation committee meeting
held April 30, 1973. Mr. Puffe stated Mr. Bill Trail had resigned and Mrs.
Marion Wilhelm was elected chairman and Mr'. Gene Jernigan vice chairman. Mr.
Puffe requested approval of Mr. Jerry Hughes to fill the vacancy in Ward #2
created by the resignation of Mr. Trail. Some of the Council were of the
opinion that since Mr. Hughes is President of the Pony League he would not
be eligible under the rules originally agreed upon. After further discussion,
it was agreed the committee would make a recommendation to Council. The
regular meetings of the committee are held on the last Monday of each month.
A Recreation Director for Smyrna was discussed. Mr. Puffe stated two suggestions
had been made: (1) a full time director could be employed for approximately
$11,000 to $13,000 per year, or (2) a director who would serve on the county
board and receive assistance from the county, but be specifically assigned to
Smyrna, for approximately $10,000 per year. Mayor J..C. Porterfield stated
a director was definitely needed and recommended this.be considered when
making budgets, perhaps'to be effective in January of March 1974. Mr. Puffe
requested the chairman of the Parks Committee be contacted prior to the
parks budget being submitted to the'finance committee.
It was reported the tennis program worked out with,the county has been 100%
successful, and in the near future more school facilities will be made avail-
able.
City Attorney Berl T. Tate was requested to check the title on the Oid'Elementary
School on Church Street in the interest of acquiring this property.
S Mayor J. C..Porterfield reported that he, Councilman Homer Kuhl and Councilman
Forster Puffe met with Bob Layne and John Gray of Litton Automated Business
Machines on Friday, May 8, and discussed the three programs, payroll, water
and taxes, that were originally scheduled for the Litton 1241 machine. Mr.
Layne and Mr. Gray stated they would prepare cost figures on bringing the
water program up to date and notify either Mr. Jackson or Mrs. Spivey regarding
another meeting to be held later in the week.
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(Continuation of May 7, 1973 Minutes)
PAGE 157
On motion by E. R. Coalson, seconded by Marston Tuck, June 4, 1973 was the date
set for a public zoning hearing on property located in Land Lot 446, and known
as 940 Cherokee Trail, from R-1 residential to C-1 commercial. Vote on the
motion was unanimous.
On motion by E. R. Coalson, seconded by Jack Miles, June 4, 1973 was the date
set for a public zoning hearing on property located at 620 Cherokee Road,
from C-1 restricted to a steak house to C-1 commercial unrestricted. Vote
on the motion was unanimous.
On motion by Marston Tuck, seconded by Arthur T. Bacon, June 4, 1973 was the
date set for a public zoning hearing on property located in Land Lot 520
(vacant property owned by B. F. Reed) from District C commercial to C-2
commercial. Vote on the motion was unanimous.
On motion by Forster Puffe, seconded by C. 0. Canada, the minutes of April 2,
1973 were approved as submitted. Vote on the motion was unanimous.
The minutes of April 16, 1973 were approved as submitted on motion by Forster
Puffe, seconded by Arthur T. Bacon. Vote on the motion was unanimous.
Councilman Homer Kuhl reminded Council Members to sign the Minute Book.
Mayor J. C. Porterfield read a letter from Jeff Davis, Jr., Attorney for
Burson Properties, in regard to sewer tap on fees for the Norseman Apartments.
Mr. Davis stated Mr. Steve Clay had made a preliminary investigation but was
out ofitown and would not return until May 9, 1973.
It was announced that the next meeting of the Planning and Zoning Board would
be held in the Council Chamber on May 16, 1973, at 7:30 o'clock P. M. ..
Councilman C. 0. Canada requested additional police patrol of the parks. This
was referred to police committee chairman Councilman Jack Miles.
Councilman Marston Tuck stated that $2500 was set up in the Civil Defense budget
for two sirens and moved that bids be let for the two sirens to be opened at
the May 21, 1973 meeting. Arthur T. Bacon seconded the motion which carried
by unanimous.vote.
On motion by Homer Kuhl, seconded by Marston Tuck, the 1973 Schedule of Business
Licenses was amended as follows:
No. 2520 Nursery or -,Kindergarten Children, ADD: CHURCHES EXEMPT
The vote was five to two, Arthur T. Bacon, and C. 0. Canada opposed.
Councilman Homer Kuhl reminded all committee chaii=n and department heads to
continue work on the 1973-74 budgets.
The meeting adjourned at 10:09 P. M.
MAY 21, 1973
The regularly scheduled mid -month meeting of Mayor and Council was held at
City Hall, Smyrna, Georgia, May 21, 1973, and called t000rder at 7:30 o'clock
P. M. by presiding officer Mayor John C. Porterfield. All Councilmen were
present. Also present were: L. W. Charles, City Clerk, D. Scott Jackson,
Asst. City Clerk, Willouise Spivey, Asst. City Clerk, Leon Hood, Building
Inspector, J. E. David, Supt. of Public Works, A.. L. Coleman, Heating and
Air Conditioning Inspector, W. L. Westbrook, Plumbing Inspector, N. Proctor,
Clerk, Dick Willis, Consultant Engineer, and a representative of the Marietta
press.
Invocation was given by Senator Joe Thompson.
Mr. Wallace Reed of the Ten -Four Club (Radio Club) of Marietta appeared before
Mayor and Council requesting permission to hold a bucket brigade on June 23,
1973, at three intersections inside the City of Smyrna. The proceeds are to
be used to help purchase a kidney machine for Cobb General Hospital, Mayor
John C. Porterfield explained the City ordinance on bucket brigades which
prohibits people from standing in the center of the streets; however, stated
it was permissible to stand on the curbs at intersections. Mr. Reed stated