06-04-1973 Regular MeetingPAGE 162
JUNE 4, 1973
The regularly scheduled meeting of Mayor and Council was held pursuant to the
Charter, at City Hall, Smyrna, Georgia, on June 4, 1973, and called to order at
7:30 o'clock P. M. by presiding officer John C. Porterfield. All Council Members
were present except Marston Tuck of Ward #1. Also present: L. W. Charles, City
Clerk, Willouise Spivey, Asst. City Clerk, J. E. David, Supt. Public Works, N.
Proctor, Dick Willis, Consultant Engineer, and a representative of the Marietta
press. (Note: Councilman Marston Tuck arrived at 8:08 P. M.)
Invocation was given by Councilman Homer Kuhl.
Under Item One of the Agenda, Citizens Reports, Mr. Mark Turner appeared before
Mayor and Council requesting an extension of time to complete the house he moved
to Cherokee Trail. Mr. Turner stated he had problems with his partner on getting
the house completed but promised if he could be given an extension the house would
be ready for sale to a resident by July 1. It was the opinion of Members of Council
that Mr. Turner had been given sufficient time to complete the house; since he did
promise to complete it by June 30, Councilman Jack Miles motioned that Mr. Turner
be given a 14 day extension and if considerable work had been done at the end of
the two weeks he should come back before Council on June 18 and request another
extension to the end of the month. The motion was seconded by Forster Puffe and
the vote was four to two. Voting for the motion, Jack Miles, Forster Puffe, Arthur
T. Bacon and Homer Kuhl..._Vot;ing against the motion E. R. Coalson and C. 0. Canada.
Building Inspector Leon Hood was requested to make a daily check on the progress
being made. . I
Mrs. Brown appeared before Mayor and Council with a request that the City help
sponsor a trip to the International Track meet for her son Warner Brown who had won
the State Championship in the high jump. Mayor Porterfield explained to Mrs. Brown
that Mayor and Council could not go on record as a body in granting this request;
however, at the end of the meeting he would ask for donations. MEMO: $75.00 was
collected.
Mike T. Gloyd appeared before Mayor and Council in an appeal from Recorder's Court
decision of his case (driving without a license), docket #16196, held May 10, 1973.
City Attorney Berl T. Tate swore in Mr. Mike•T. Gloyd, Officer M. G. McCullers and
Officer R. E. Ferguson. Mr. Gloyd stated that two weeks prior to the ticket referred
to in docket case 16196, he had been stopped by Officer McCullers and at that time
did not -have a driver's license on his person. Mr. Gloyd further stated he did not
obtain a temporary license prior to the hearing on May 10. Councilman Arthur T. Bacon
moved the decision of the Recorder's Court be upheld. Councilman Homer Kuhl seconded
the motion which carried. The vote was six for the motion, Marston Tuck abstained.
ZONINGS:
A zoning hearing was held on property located at 940 Cherokee Trail, from R-1 to
C21 commercial. Eight persons appeared in opposition. Mayor J. C. Porterfield also
read a petition signed by 16 persons opposing the rezoning listing the hazardous
traffic conditions already existing at Cherokee Trail and Cherokee Road. There was
no representative present to represent Smyrna Federal Savings and Loan Association.
Councilman E. R. Coalson moved the petition to rezone from R-1 'residential to C-1
commercial be denied. The motion was seconded by C. 0. Canada and carrd:ed by unanimous
vote.
j A zoning hearing was held on property located at 620 Cherokee..Roa,d from C-1, re-
stricted to a restaurant, to C-1 unrestrZtlions.
d-. Mr. Harvey Nix, owner of the property,
appeared before Council to answer any qu Mr. Lovan McMillen also appeared
1 before Mayor and Council relating some of the history of palmistry in his family
for many years. There was no opposition to the rezoning. On motion by Forster Puffe
the property was rezoned from C-1, restricted to a restaurant, to C-1, restricted to
the practice of palmistry. The motion was seconded by Jack Miles and carried.
-� Voting for the motion Forster Puffe, Jack Miles, Arthur T. Bacon,,and Homer Kuhl.
1 Voting against the motion, C. 0. Canada, E. R. Coalson and Marston Tuck.
I
A zoning hearing was held on the B..?F. Reed property located on Marston Street from
District "C" commercial to C-2 commercial for the storage of heavy equipment. Mr.
Harvey Nix, representing the petitioner, submitted photos and plans for the proposed
use of the property. A petition signed by 16 residents in the adjoining area was
PAGE 163
(Continuation of June 4, 1973 meeting)
read. They stated they did not object provided: (1) The proposed zoning be
accomplished with all setbacks, buffer zones and other stipulations as provided by
the City'of Smyrna Zoning Ordinance, (2) Providing the property owner agrees to
leave the majority of the trees that presently serve as a buffer between the adjacent
residential property and said property proposed for rezoning, (3) Provided that the
property be zoned for no other use than that.as applied for in this instance. Mr.
Nix stated there would be at least a twenty foot buffer of trees at the rear of the
property, a six foot fence on the Marston Street side and five foot fence around the
balance of the property. On motion by Marston Tuck, seconded by E. R. Coalson, the
property was rezoned from District "C" commercial to C-2 commercial for the storage
of equipment with a six foot fence on the Marston Street side with no trees removed
and the remainder of the area enclosed by a fence as per plans and specifications
submitted. Vote on the motion was unanimous.
On motion by Jack Miles, seconded by C. 0. Canada, July 2, 1973 was the date set for
consideration of rezoning property located at 1210 Sunset Street from C-1 electrical
contractor.to"C-l'day.careocenter. Vote on the motion was unanimous.
A petition was submitted by Martin Elliott Spatz to annex approximately 10.37 acres
of land located in Land Lot 305, next south of Hickory Acres Drive, into the corporate
limits of the City of Smyrna. Mr. W. D. McGrath, representing Mr. Spatz, told
Council that if the land was annexed he wouldrequest that it be zoned for condo-
miniums. Dick Rubin, Ralph Grady and Charlie Cole of the Hickory Acres subdivision
opposed the annexation. Sewerage and drainage was discussed; however, Mayor J. C.
Porterfield reminded Council this request was for annexation only. On motion by
Forster Puffe, seconded by Jack Miles, the property was annexed as requested and
made a part'of Ward #5. Voting for the motion, Forster Puffe, Jack Miles, Arthur
T. Bacon and Marston Tuck. Voting against the motion,wHomer Kuhl, E. R. Coalson
and C. 0. Canada.
Councilman Arthur T. Bacon was excused from the meeting at 9:05 P. M.
On motion by Forster Puffe, seconded by Marston Tuck, July 16, 1973 was the date set
for a zoning hearing on the property just annexed in Land Lot 305 from R-15 residential
to R-2 condominiums. Vote on the motion was unanimous.
On motion by Forster Puffe, seconded by Marston Tuck, July 16, 1973 was the date set
to consider rezoning property located at 196 Pat Mel.l Road from R-1 residential to
District "C" commercial. Vote on the motion was unanimous. Petitioner, Harold C.
Miles.
There were no commercial building permits.
There was no report on the Atlanta Street widening project.
It was reported that the contractor had begun work on South Cobb four laning on
May 30, 1973.
The contract was reported signed on Love -Concord and moving of utilities was in pro-
gress.
Mayor J. C. Porterfield stated he would contact the state in regard to traffic signals
at various intersections while construction is underway on South Cobb Drive.
Public Works Supt. J. E. David reported the contract for resurfacing Church Street,
Powder Springs and Highland Drive had been awarded to C. W. Matthews Contracting
Company and work should begin next week.
Two bids on one new`police car were received afid read in Council meeting and are
recorded as follows:
Wade Ford, Atlanta, Georgia $ 3617.83
Friendly Ford, Decatur, Georgia $ 3787.96
On motion by E. R. Coalson, seconded by C. 0:. Canada, the bids were referred to
the police committee with authority to accept the low bid of $3617.83 if it met
all specifications. The vote was unanimous.
PAGE 164
(Continuation of June 4, 1973 meeting)
On the recommendation and motion by Marston Tuck, the contract for two sirens for
Civil Defense was awarded the low bidder Jack Cocke and Company, Inc., Doraville,
Georgia: (1) Federal STH10A Siren - 208 v Complete $1,113:60, and (1) Federal
STH10B Siren— 240 v Complete $1,465.47;'and installation of the sirens, one at
the Police Station and one at the Fire Station, was awarded to Ledbetter Electric
Company in the amount $539.50 each -or a total of $1,079.00. The motion was -seconded
by Forster Puffe and the vote was unanimous.
Mayor J. C. Porterfield iread a letter from Mayes, Sudderth and Etheredge recommending
the contract for the Spring Drive Sewer Outfall be awared to the low bidder J. E.
Lovern Construction Company. On motion by Marston Tuck, seconded by C. 0. Canada,
the bid was awarded the J. E. Lovern Construction Company in the amount of $15,503.
Vote on the motion was unanimous.
Consultant Engineer Dick Willis stated the paper work on the Fleming Street sewer
line was still in the hands of the Water Quality Control Board; therefore, no date
could be set for opening of bids.
Chairman of the Civic Center Committee, Forster Puffe, stated he would have a report
at the next meeting.
There was no report from the Parks and Recreation Committee Chairman.
Councilman Marston Tuck reported that final plans for the Eastside Fire Station should
be completed by the next meeting.
City Attorney Berl T. Tate reported the land on Church Street where the old Smyrna
Elementary School is located was in thenname of the school board - but not by deed;
possibly through dedication, law, or some other means. However, he.stated he had no
history on this. The matter was referred to Councilman Homer Kuhl for checkout of
old records, minutes of schools' board meetings, or old county records.
There was no further report on the Norseman Apartments sewer tap -on fees.
Finance Chairman Homer Kuhl stated two departmental budgets had been submitted to
him and others were expected to be ready by the end of the week.
Mayor J. C. Porterfield stated the ad valorem tax could not be determined until a
print out of the digest is received from the county. '
On motion by Forster Puffe, seconded by Jack Miles, the minutes of May 7, 1973 were
approved as submitted and corrected. Vote on the -motion was unanimous.
r
On motion by C. 0. Canada, seconded by Homer,Kuhl, the minutes of May 21, 1973 were
approved as submitted and corrected. Vote on the motion was unanimous.
Those who stated they could attend the Cobb County Municipal Association meeting
on June 12 were: Homer Kuhl, Forster Puffe, Marston Tuck, J. C. Porterfield and
L. W. Charles. <
In other action, the Council:
Requested J. E. David to checkout driveways at Smyrna Auto Parts, Concord and Hollis,
and report at the next meeting on recommendations.
Mayor J., C. Porterfield called -to the attention of all Councilmen the importance of
attending all Planning and Zoning meetings, the next one to be held June 5, at 7.:30 P.M.
Requested City Attorney Berl T. Tate to give a ruling at the next meeting in regard
to the $2.00 apartment unit charge on Business License Schedule of Fees.
Approved Gean Barden to fill the vacancy from Ward No. 4 on the Library Board on
motion by Homer Kuhl, seconded by C. 0. Canada. The vote was unanimous.
The meeting adjourned at 9:55 P. M.
M