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08-21-1972 Regular MeetingPage 91 August 21, 1972 The regularly scheduled mid -month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, August 21, 1972, at 7:30 o'clock P. M. and called to order by presiding officer Mayor John C. Porterfield. All Councilmen were present. Also present were: L. W. Charles, City Clerk, D. S.-Jackson, Asst. City Clerk, J. E. David, Public Works Supt., V. M. Broyles, Asst. Public Works Supt., Leon Hood, Building Inspector, Berl T. Tate, City Attorney, N. Proctor, Clerk, Dick Willis, Consultant Engineer, and a representative of the Marietta press and WBIE. Invocation was given by Councilman Homer Kuhl. Public hearing to consider rezoning of four parcels of land known as 220, 230, 240, and 248 Pat Mell Road, was next on the Agenda. Mr. J. C. Grubb, owner of two parcels of the Land, spoke to Mayor and Council in favor of the rezoning from R-1 to District "C" and distributed maps of the area. Mr. Grubb stated District"C" would be the best use for the property and that there would be no service stations nor "hot dog stands" erected but that they were thinking more along the line of small shops or professional offices. Seven other persons appeared in favor of the zoning including once other property owner. There were approximately 22 people from the Laceola Woods Subdivision in opposition to the zoning. Mrs. Patterson, 245 Wynona Drive, spoke in opposition and submitted a copy of the protective covenants for the area and a signed petition by residents opposing the zoning. Attorney Berl T. Tate ruled that protective covenants was a matter of enforcement by injunction and this had nothing to do with the zoning. After rebuttal by Mr. Grubb, further remarks by several citizens of the Laceola Woods Subdivision, and dis- cussion amou-gg members of council, a motion was made by E. R. Coalson to zone the property as advertised from R-1 to District "C". The motion was seconded by Jack Miles and carried by unanimous vote. Mr. Walton W. East, father of Larry East, appeared before Mayor and Council, in the interest of his son on appeal from Recorder's Court ruling on improper exhaust. Mr. East submitted copies of bills for five sets of mufflers purchased over a period of the past seven months due to several tickets being given Larry by police officers from three different police departments. During discussion, it was learned that a new set of mufflers had been installed on the car which had been totaled. -Mayor J. C. Porterfield ruled that Council could not act on the appeal since the mufflers had been re- placed and the car totaled; however, he advised Mr. East to take Larry's new car to the police station for inspection of the mufflers. Commercial Building permits were submitted by -building inspector Leon Hood and upon his recommendations, the following action is recorded: (1) Ma-jik Market, 2730 Herodian Way. Approved on unanimous vote on motion by C. 0. Canada, seconded by Arthur T. Bacon. (2) Colite Industries, erect lighted sign for Sears Liquidation Store, Belmont Hills Shopping Center, Atlanta Street. Approved on motion by Homer Kuhl, seconded by Jack Miles. Vote on the motion was unanimous: (3) A request was made by Mr. William Maddox to waive set backs on property located at the corner of Forest Drive and Lee Street in the interest of dividing the property and building two houses. Mr.Maddox was advised to secure the signatures of adjoining property owners stating they had no objection and bring the matter back before Council. PAGE 92 Site Plan, proposed fabrication facility, Atlanta Road, was dropped from the Agenda. Councilman Forster Puffe reported that all deeds for rights - of -way on the Concord=Love connector had been signed with, the exception of one, and motioned that Council purchase - the Jones property, 1205-1211 Concord Road, in the amount of $750.00. The motion was seconded by Homer Kuhl which carried on a six to one vote. Marston Tuck opposed. On motion by Forster Puffe, seconded by Homer Kuhl, Council approved purchase of the James Parks property, 1270 Concord Road, in the amount of $2100.00. Vote on the motion was six to one, Marston Tuck opposed. On motion by Forster Puffe, seconded by Homer Kuhl, property was purchased from the First Methodist Church, 1325 Jove Street, in the amount of $1072.03. Vote on the motion was six to one, Marston Tuck opposed. . City Attorney Berl T. Tate stated he would draw up condem- nation petition on the Caswell property this week and that it should have priority on the court calendar. Councilman Forster Puffe called a meeting of the Street Committee for Monday, August 28,- at 5:30 o'clock P. M. Attorney Berl T. Tate stated he would have some paper work ready to turn over to the Street Committee on the Atlanta Street widening within the next few days. Public Works Superintendent J. E. David reported all sewerage on the east side -of the Dundee Drive pump station was now tied in with the county line, and for the first time in many years the Starline Drive line was running at less than capacity. Mr. David also reported that some of the man holes on Starline could now be locked. On motion by Homer Kuhl, seconded by Jack Miles, Mayor J. C. Porterfield was authorized to sign the sewer easement fo the Bohanon Creek Treatment Plant, approximately 1800 feet, requested by Cobb County. Vote on.the motion was unanimous._ Applications for malt beverage and wine licenses were submitted in Council and action is recorded as follows: (1) Henry Carson, Ma-Jik Market, 2278 Atlanta Street, Management change only, malt beverage and wine. Approved on motion by Arthur T. Bacon, seconded by C. 0. Canada. The vote was six to one, Homer Kuhl opposed. (2) Stella M. Wheeler, Golden Gallons, 2254 Atlanta Street, malt beverage. Approved on motion by Arthur T. Bacon, seconded by C. 0. Canada. The vote was six to one, Homer Kuhl opposed. (3) J. G. Cruise, Cruise Grocery, 1687 Roswell Street, malt beverage. Approved on motion by Arthur T. Bacon, seconded by Forster Puffe. The vote was six_to_one, Homer Kuhl opposed. (4) Marion Murphy, Ma-Jik Market, 2498 Spring Road, retail wine. Approved on motion by Arthur T. Bacon, seconded by Forster Puffe. Vote on the motion was six to one, Homer Kuhl opposed. (5) Henry Carson, Ma-Jik Market, 853 Concord Road, retail wine. Approved on motion by Forster Puffe, seconded by Jack Miles. The vote was six to one, Homer Kuhl opposed. Page 93 (6) Henry Carson, Johnny Rebs, 2841 South Cobb Drive, retail wine. Approved on motion by Jack Miles, secondeddby Forster Puffe. Vote on the motion was six to one, Homer Kuhl opposed. Mayor John C. Porterfield read a proposed ordinance, PROHIBIT DEFACING 'OF PRIVATE LETTER BOXES. The word, defacing, was ddleted from the ordinance and, modify by attachment, was added. Also, a penalty clause was added, anyone found quilty of violation of this ordinance shall be subject to a fine not to exceed $25.90. The ordinance was adopted on unanimous vote on motion by Forster Puffe, seconded by Jack Miles. �7A meeting of the Planning and Zoning Board Committee was called for August 22, 1972. Each Councilman was asked to contact the, person he recommended to serve -on the Board and invite him Ito the meeting if he desires to attend; however, no reimbursement would be made to members until they are officially appointed. Mayor John C. Porterfield read a letter, from Mr. Studstill, of the'Georgia Department of Parks and Recreation, stating they would be glad to work with the City of Smyrna on our Parks Programs. A meeting was set up for September 7, 1972 at 7:30 o'clock P.M. for the Georgia Department of Parks and Recreation to meet with city officials and the Parks and Recreation Commission. Mayor John C. Porterfield reported that all civic clubs had been invited to participate in the Smyrna Centennial. Mayor Porterfield further stated that five civic clubs were represented at the August 2 meeting and 13 people attended the August 18 meeting, representing six of the eight civic clubs. Mr. Bill Sheridan was named chairman of the coordi- nating committee. Mr. Sheridan in turn appointed several subcommittees. The next meeting was set up for August 29 at 7:45 P. M. at City Hall. The dates set for the Centennial were October 30 through November 4, 1972. A?letter from the Pressley Agency was read by Mayor J. C. Porterfield and a check in the amount of $1567.00 made to the City of Smyrna was enclosed as a dividend payment covering the period April 11, 1970 through April 11, 1971 on Workmen's Compensation Insurance. Mayor J. C. Porterfield reported that House Bill No. 1209 created a Cobb County Law Enforcement Study Commission and that he had been asked to submit three names from Smyrna. Mayor Porterfield named Councilman Jack Miles, Chief Robert L. Drake and citizen Bill Stewart to serve on the commission. On Motion by Homer Kuhl, seconded by Arthur T. Bacon, the above named persons were approved. Vote on the motion was unanimous. On Motion by Homer Kuhl, seconded by E. R. Coalson, the amount of $350.00 was approved for appraisal of the County Board of Education property on Ward Street by Joseph L. Walker. Vote on the motion was unanimous. On motion by Forster Puffe, seconded by Marston Tuck, it was agreed that Public Research and Management, Inc. would be contacted in regard to bringing the Code of Ordinances up to date through August. Councilman Marston Tuck, on behalf of the Smyrna Fire Depart- ment hosting the Georgia Firemen's Association Convention, invite the Mayor and all Councilmen to attend the banquet Thursday night, August 24, at Holiday Inn. Councilman Homer Kuhl reported the City of Smyrna books of record are now being audited. Mr. Kuhl also reported 21,512 books on hand in the library with a circulation of 7,175 books in July. The meeting adjourned at 9:56 Pm.M. c . 9-b- "I OHN C. PORTERF ELD, MAYOR MAR TON TUCK, COUNCILrIANY WARD#1 AR HUR T. BACON, COUNCILMAN H ER KUHL, C NCILMAN PAGE 94 L.W. CHAR•LES, CITY CLERK JACK NORMAN MILES, " COUNCILMAN WARD # 7 •'