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08-06-1973 Regular MeetingPAGE 176 I AUGUST 6, 1973 The regularly schedule meeting of Mayor and Council was held pursuant to the Charter, at City Hall, Smyrna, Georgia on August 6, 1973, and called to order at 7:30 o'clock P. M. by presiding officer Mayor John C. Porterfield. All Council Members were present except Councilman Homer Kuhl from Ward #4 who was on vacation. Also present were: L. W. Charles, City Clerk, Berl T. Tate, City Attorney, N. Proctor, Clerk, J. E. David, Supt. of Public Works, Vic Broyles, Asst. Supt. of Public Works, Leon Hood, Building Inspector, Dick Willis, Consultant Engineer,aand a representative of the Marietta Press. Asst. City Clerk Willouise Spivey was absent due to illness. Invocation was given by Councilman E. R. Coalson. Under Agenda Item No. 2, Citizens Reports, W. A. MacKenna appeared bef6re Mayor and Council regarding a drainage problem on Spring Street. Mayor John C. Porterfield in- formed Mr. MacKenna that due to several priority projects this summer an answer was not available at this time; however, the matter would be checked out and he would be given an answer within the next four weeks. Mr. Harold Davis spoke on behelf of the Volunteer Fire Department for the City. Council- man Marston Tuck moved that Council hear from the Volunteer Fireman at this time. (The Council had voted at the last meeting to table a;xmotion to disband the Volunteer Fire Department immediately.) Mr. Davis confirmed there was no person in the Volunteer Fire Department who had invested in the Fireman's Retirement Fund; however, Mr. Davis stated this opportunity would not be available until September 1, 1973, and at that time some of the members did plan to invest in the retirement program. No one seemed to know what records, qualifications, years of service, etc. were required to enroll in the program. Mayor John C. Porterfield requested Asst. Fire Chief Donald Atkinson to fur- nish him with this information in -writing, and further stated he was in favor of con- tinuing the program only for those men who were eligible to participate in the retire- ment program. Councilman Forster Puffe motioned that the matter be tabled again until information requested by the Mayor was available. The motion was seconded by Council- man C. 0., Canada which carried on a four to two vote. E. R. Coalson and -Marston Tuck opposed. A zoning hearing was held on property located at 1559 Roswell Street from R-1 residential to District "C" commercial. There was no opposition to the rezoning. On motion by Arthur T. Bacon,.'seconded by -Jack -Miles,, the property was rezoned -from R-1 to District "C" as advertised. Vote on the motion was unanimous. A zoning hearing was held on property located at 1565 Roswell Street from R-1 to C-1, --- commercial, for the purpose:of an office, warehouse and sales. Mr. Ray Glossen repre- sented the petitioner U. S. Millwright, Inc. Mr. Glossen stated the property would be used exclusively for the Millwright Company operations. Arthur T. Bacon moved that the property be zoned from R-1 residential to C-1 commercial as requested'subject to approval of.Council on building plans, restricted to an office, warehouse and sales. The motion was seconded by C. 0. Canada and vote on the motion was unanimous. A zoning hearing was held on property located at 1114 Church Street,.lots 67 and 68 from R-1 residential to R-2, multiple family. Mrs. Opal Anderson spoke in opposition to the rezoning giving as reasons the debris thrown in their yard by occupants of Chelsa Village Apartments, noise, etc. On motion by Forster Puffe, seconded by Marston Tuck, the rezoning was denied by unanimous vote. On the recommendation of Mayor John C.Porterfield, and on motion by Marston Tuck, seconded by E. R. Coalson, the meeting dates for September Council Meeting.caere set for September 10 and 24, 1973. Vote on the motion was unanimous. September 3, the first Monday in September, being a legal holiday was the reason for the motion the change the regular meeting dates. Since bids on the new fire station, were reviewed by Council Members on Friday, August 3, Councilman Marston Tuck motioned that the low bid of Don 0. Wells in the amount of $72,809.00 be accepted. Mr. Tuck further stated that in making a few changes and r' negotiating with Mr. Wells, such as the City buying the building materials tax exempt, the City doing the landscaping, and buying the equipment for the kitchen, the bid would ' be lowered to $67,709.00. Councilman Jack Miles seconded the motion to accept Mr. Wells' bid. Vote on the motion was unanimous. On motion by E. R. Coalson, seconded by C. 0. Canada, September 10, 1973 was the date set for a zoning hearing on property located at 2145 Kennesaw Way from District "C" PAGE 177 (Continuation of August 6, 1973 meeting) { to C-2, plumbing office and warehouse. Vote on the motion was unanimous. r On motion by C. 0. Canada, seconded by Arthur T. Bacon, September 10, 1973 was the date set for a zoning hearing on property located at 2151 Kennesaw Way from District "C" to C-1, real estate.office. Vote on the motion was unanimous. A A request for annexation of property located in Land Lots 629 and 630, Atlanta Street, approximately 2.7 acres, was the next item on the agenda. On motion by Jack Miles, seconded by C. 0. Canada, the property was annexed as requested, under existing R-1 Cobb County zoning and made a part of Ward #2. Vote on' the -motion was unanimous. City Attorney Berl T. Tate ruled that it would not be necessary to advertise for a public hearing since there would be no change in the zoning classifications, and the building permit could be requested at the next meeting. (The property is to be used for church purposes.) J. E. David and Vic Broyles stated corrective action had been completed on the drainage problem back of Mrs. J. L. Williams' house, 911 McLinden Avenue. The wall back of the Concord Gardens Apartments was reported as incomplete. Mr. David reported he had given Mr. E. A. Reeves until August 24th to complete corrective action on the drainage problem from Old Smyrna Village Apartments to Church Street. A final report was requested at the next meeting. Bids were ;opened on a pick-up truck for Supt. of Public Works and are recorded as follows: General GMC, Atlanta, Georgia John Smith,Chevrolet, Atlanta, Georgia $3103.72 $3179.87 The bids were referred to the Water Committee for report back at the next meeting.,�� C. 0. Canada motioned that Vic Broyles be authorized to obtain individual bids on four items of surplused equipment, the bids to be opened at -the August 20, 1973 meeting. The motion was seconded by Marston Tuck and the vote was unanimous. Mr. Tom C.!Gwilliam, from.Arlington, Texas appeared before Mayor and Council -in the interest of approval of a home improvement type business in the formerly Howard's Departmeht Store on South Cobb Drive. Building Inspector Leon Hood stated he had reviewed the,plans for remodeling and they had also been approved by the Fire Depart- ment and he recommended -approval. Councilman C. 0. Canada motioned the plans be approved for retail sales of appliances, paneling, building materials, etc., with no outside storage allowed. The motion was seconded by E. R. Coalson and the vote was unanimous. The zoning at present for this location is C-1 commercial. Commercial building permits were submitted by Building Inspector Leon Hood and upon his recommendations the following action was taken: (1) An application was submitted from Fence Craft Fence Company for a sign. It was the opinion of some Councilman that this property on Cherokee Road was restricted to a ceramics shop. This item was deferred until a checkout on the zoning could be made. , (2) Building Inspector Leon Hood stated he had tried unsuccessfully to contact Mrs. Nancy McMillen, doing business as Sister Christian, 620 Cherokee Road, in regard to the sign on the property, but had mailed a letter to her this date asking that the sign be removed from the premises. On the advice of the City Attorney she was given to the next meeting to remove the sign or be cited into Recorder's Court. (3) Addition, First State Bahk of Cobb County, on Concord Road. The building permit was approved on motion by C. 0. Canada, seconded by Arthur T. Bacon. The vate was five for the motion, Jack Miles abstained. (4) Addition, Smyrna Container Corporation, 48' x 80' to rear of present structure. The permit was approved by unanimous vote on motion by Arthur T. Bacon, seconded by C. 0. Canada. (5) Application was submitted for renovation of.Grant Center in Cobb Center for Grand' Jewels Department Store. The permit was approved on motion by Arthur T.. Bacon, seconded by Jack Miles.tfiThe vote was unanimous. t" (6) Self-service Car Wash, 2885 Woodruff Drive. The permit was approved by a five-O vote on motion by Forster Puffe, seconded by C. 0. Canada, with the stipulation that the surplus water drainage be tied into the sanitary sewer system. Arthur T. Bacon - abstained. (7) Commercial Bank of Cobb County, 2410 Atlanta Street, requested permit for a sign 14' high by 27' wide, to be erected on top of building. The permit was approved on 1J� motion by E.R. Coalson, seconded by Arthur T. Bacon. The vote was unanimous. (8) Attorney M. G. Snipes, representing Mr. Mark Turner, appeared before Mayor and Council requesting an extension on the completion date of the house moved to Cherokee Trail by Mr. Turner. Mr. Snipes stated the house was sold July 9, 1973 and the contract 'I I PAGE 178 (Continuation of August 6, 1973 meeting) should be final no,later than August 15, 1973. On motion by Forster Puffe, seconded by E. R. Coalson, the citation was extended to August 16,.•1973. Vote on the motion y, was unanimous, (9) Mr. William Dougherty requested a 10' rear yard variance at 447 Willowbrook Drive, from 25' to 15'. The request was granted on motion by Forster Puffe, seconded by Arthur T.. Bacon. Theivote was unanimous. .Councilman Marston Tuck ,reminded Mayor and Council of the ground breaking for the new fire station at Jonquil Park on Tuesday afternoon, 6:30 P1 M., August 7, 1973. Public Works Supt. J. E. David reported it would probably be ten more days before installation of water lines on Love -Concord was completed, and as soon as this work was completed, Georgia Power Company would move in, installation of storm sewers would follow Georgia Power, and the .paving would be last. Mr. David further stated the county resurfacing contract should be completed this week, and Hickory Acres Drive was scheduled for August 20, 1973. Mayor J. C. Porterfield stated Representative George Kreeger was working on getting Council Members an appointment with the State Department of Transportation officials. Councilman Forster Puffe stated many streets would need resurfacing in the near future; therefore, it•was agreed that the priority list should be up -dated prior to the meeting with State officials. South Cobb widening project was reported in work. Atlanta Street right of way was reported as pending until the next visit with Department of Transportation officials. Plumbing Inspector W. L. Westbrook requested approval of Schedule #40 plastic pipe to be used in residences and apartments, above ground only. On motion by Forster Puffe, seconded by C. 0. Canada the Plumbing Code was amended to include Schedule #40 plastic pipe above ground only in private residences and multiple family dwellings. The vote was unanimous. ' City of Smyrna Plumbing Code Amended as follows August 6, 1973 Plastic pipe is approved for apartments and residences only, in the City of Smyrna. Cast iron must be through the walls of all foundations. No plastic pipe will be allowed under ground or in the walls of foundations. Plastic pipe must be,strapped rigid every six (6) feet, and all arms must be rigidly supported. All plastic pipe including vents throught roofs, must undergo a water test. Councilman Forster-Puffe reported that the Consultant Engineers submitted tonight.a survey'of the property across from Nash Jr. High School:, desired by the City for a Civic Center, and itawduldybe turned over to the Chairman this evening. Mr. Puffe further stated the attorneys were presently working on the by-laws and they should be ready for Council approval at the next meeting. Councilman C. 0. Canada stated a committee had been set up to work on improvements and make_rebommendations on'the Teen'Canteen. Mayor John C. Porterfield stated he would jM like to know if the contribution made by the City is still needdd, and if so he would like to have a copy -of transactions showing how the money is spent. It was reported by J. E1 David that the sanitary sewer line on Barbara Lane was com- pleted this week and'the line on Brenda Drive should be finished next week. On motion by Arthur T. Bacori,.seconded by Jack Miles, the low bid submitted by J. E. Lovern Construction Company in the amount of $15,016.95.for installation of the sanitary sewer line on Fleming'Street was approved on recommendation of the Consultant Engineers. ' Vote on the motion was unanimous. PAGE 179 (Continuation of August 6, 1973 meeting) City Attorney Berl T. Tate stated he had received a copy of the U. S. Supreme Court decision regarding the anti -smut ordinance; however, there were several unanswered questions, such as what is a communtiy, can the city enact the ordinance, and make cases, should the state law be followed, is it enforcable, etc., Mayor Porterfield requested the -City Attorney to proceed on the basis as to what would best fit the needs for the City. - On motion by Forster Puffe, seconded by Jack -Miles,, September.19, 9:00,A. M.. through September 28, at 5:00 P. M., were the dates set for qualification of canidates for the City'of Smyrna;'November 3, 1973 elections. Vote,on the -motion was unanimous.. Closing date for voter registration was called out at October 4, 1973, at 5:00 P. M., on motion by Marston Tuck', seconded by Forster"Puffe.-'Vote on the motion was unanimous. All Councilman were asked to submit at the next meeting the names of four people plus one alternate, to work at the polls on election day. The brick work for'the-addition'to the library was repor.ted,to.be almost completed. i On motion by Forster Puffe, seconded by C. 0. Canada, the minutes of July 2 were approved as submitted'.' The vote was_five'for the'.motion, Marston Tuck abstained. 11 • r,< i On motion by Forster Puffe, seconded by E. R. Coalson,•the ,minutes. of July 16, 1973 _ j` were approved as submitted. -The vote was four for the motion, Marston Tuck and Jack Miles abstained. r Financial reports for the fiscal -year ending June 30, 1973 were deferred to the next meeting. Mayor John C. Porterfield read a letter from the State :Crime Commission .in regard to minimum height requirements for City Police Department personnel. Councilman Marston Tuck motioned that if there is height requirement it be discontinued immediately, Jack Miles seconded the motion -and the vote was unanimous. Mayor John C. Porterfield broughti:to the attention of Council that the City of Smyrna this year had two state athletic champions -- the Pony League and the Connie Mack team, and recommended that a resolution be prepared for both teams. Forster Puffe motioned the Resolution be prepared for each•team. Arthur T. Bacon seconded the motion which carried by unanimous vote. Also called to the attention of Council by Mayor Porterfield was the Cobb County Law Enforcement Association dinner on August 15,. at 8:00 P.M., Rich's Cobb Center, at which time Senator Herman Talmadge will be guest speaker. All were urged to attend, the tickets.for the dinner being'$4:OO.per person, and anyone desiring a,ticket should �-• contact Capt. John Young. Councilman Forster Puffe asked the status of the King Williams business license fee on apartments. City Attorney Berl T'. Tate reported he understood a suit was pending against the City by Kind Williams. Mr. Tate furhter stated he was awaiting a court date on the case filed against the Burson Properties.(Norseman Apartment sewer tap fees.) There being no further business, the meeting adjourned at 10:21 P. M. AUGUST 20, 1973 The regularly scheduled mid -month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, August 20, 1973 and called to order at 7:30 o'clock P. M. by Mayor John C. Porterfield. Councilmen present were: Jack Miles, Homer Kuhl, Marston Tuck, and E. R. Coalson. Councilmen absent on vacation were Arthur T. Bacon and Forster Puffe. Councilman C. 0. Canada was in Farmington, New Mexico with the Smyrna Sanders Connie Mack.baseball team, the first team from Georgia to compete in the World Series. Also present were: L. W. Charles, City Clerk, N. Proctor, Clerk, J. E. David, Supt. of Public Works, Vic Broyles, Asst. Supt. of Public Works, Berl T. Tate, City Attorney; Leon Hood, Building Inspector, C. C. Porterfield, Chief of Smyrna Fire Department, George Hardy, Consultant Engineer, and a representative of the Marietta press. Invocation was giveny by Reverend York Chambless.