09-07-1971 Regular MeetingPAGE 10
SEPTEMBER 71 1971.
The regularly scheduled meeting.of Mayor and Council was held, pursuant to
the Charter, at City Hall, Smyrna, Georgia, on September 7, 1971 and called
to order at 7:30 P. M.,by presiding officer Harold L.'Smith. All Council
Members were present. Also present: L. W. Charles, City'Clerk; G. W. Carreker,
City Attorney;,D. S. Jackson, Tax Assessor; N. Proctor,.J. E. David, Public
Works Supt.; Leon Hood, Building Inspector; George Hardy of Mayes.. Sudderth
and Etheredge, and a repr'esentatiive_, of the Marietta Journal and WBIE.
Invocation was given.by,Councilman Homer Kuhl.
Items 22+and 30 ,of the_Agenda were taken up. under Citizens Reports. Mr.. James
Barfield of, 204d Argyle Drive appeared before Mayor and.Council in regard to any
progress on a solution to the noise'caused by mini -bikes and trail bikes on
the MacKenna property adjAcent to his home'.' 'City.Attorney G. W. Carreker
reported he had contacted the Georgia Municipal Association in regard to a
Noise Ordinance and as soon as it is received a copy will be furnished each
Councilman and when recommendations are.made an Ordinance for the City will be
drawn up f or adoption.
Mr. Carreker further stated the Georgia Municipal Association was mailing a copy
of an ordinance regarding a curfew on.parks.'
Item 18, Traffic Hazard, Lake Drive, was reported. as having beer. taken care of.
A zone hearing on•property located at 676 Cherokee Road, from Distriart "C" to
C-1, was next bn the Agenda. Mr. C. A. Cole stated no structural eharTges'would
be made to the building and there would be sufficient parking area without using
the 25 feet from the street right-of-way per stipulations set.forth by. Council
October 24, 1966. C. O..,Canada motioned the rezoning be approved as submitted.
The motion was seconded by Hubert Black.' J. C. Porterfield amended the motion,
the zoning be restricted to C-1, office only. The amendment was seconded by
J. P. White. Vote on the motion and amendment was unanimous.
A'zoning,hearing was held on property located at 1311 Hawthorne Street from
District "C" to.C=l,-office only. There was no opposition to the rezoning
Mr. E. Y. Smith stated he would add a 22 foot enclosed porch which would
leave a 60 foot set back from the street right-of-way. J. P. White motioned
the zoning be granted, Dictrict "C" to C-1, office only, subject to the plot
plans being approved by the.building inspector. The motion was seconded by
C. 0. Canada and voted unanimously. '
A zone hearing -was held on property located at 1275 and 1285 Hawthorne Street
from C-1 to C-2; for the purpose of welding metal boxes, frames, and other
items to assist in the erection of steel. J. C. Porterfield motioned the
property be rezoned from C-1 to C-2 as requested, restricted to the business of
steel welding, and restricted to the operation of the business in day light hours
only. The motion was seconded by Homer Kuhl. Vote on the motion was unanimous.
Annexation of 15 'acres of land located in LL 524 and LL585 owned by the American
Legion Post #160 was brought before Council. On motion by Arthur T. Bacon,
seconded by Marston Stuck, the property was annexed into the corporate limits of
the City of Smyrna and made a part of Ward #2. Vote on the motion was unanimous.
Mrs. H. L. Durham, operator of Bill's Upholstery and Auto Trim Shop, 2625-B So.
Cobb Drive, and James Durham appeared before Mayor and Council in answer to a
letter from the Mayor to show cause why the business license should not be revoked.
Residents in the area had complained of loud talking, fighting, racing of car
engines, etc. late at night. Mrs. Durham stated that in her work, upholstering
furniture and automobiles, she used an air compressor and stapling machine and
it was necessary that she work late on many occasions. Councilman Homer Kuhl
motioned that the business Hours be restricted to 8:00 P. M. on automobiles and
to 10:00 on furniture; and non-compliance to these hours would mean the license
would be subject to revocation. The motion was seconded by J. C. Porterfield and
voted unanimously.
PAGE 11
(CONTINUATION OF SEPTEMBER 79 1971)
A hearing date was requested for rezoning four parcels of land as listed
below:
1. American Legion Post #1.60, Concord and King Springs from R-1 to-C-19
commercial oil station.
2. R. E. Newton, Woodruff Drive, approximately 12 acrea, R-1 to R-2.
3. Central Electric, New Spring Road, Dictrict "C" to C-1.
4. Nick Souris, (old) Spring Street, District R-1 to C-2.
On motion,by Homer Kuhl, seconded by J. P. White, the hearing date was
set for October 4, 1971 on all four parcels. The vote was unanimous.
A request was made by Mr. Preston L. Holden III, 2871 Strathmoor Road,
for a residential permit to operate an import-export mail order business,
using a post office box number 1367, Smyrna. A petition was submitted
signed by.all residents within 300 feet of his home stating they did not
object to the operation. Mr. Holden also stated there would be no employees,
no outside signs and no on street parking. On motion by J. C. Porterfield,
seconded by Marston Tuck, the license was approved on unanimous vote.
Commercial building permits were submitted by building inspector Leon Hood
and upon his recommendations the following action is recorded:
1. Do -Nut Cottage, Concord Road, enclose carport. Homer Kuhl motioned the
permit be approved. The motion was seconded by Marston Tuck�and vote
unanimously.
2. J. C..Thomas, repair shop and office, 2278 Atlanta Street, with a rear
yard set back variance of five feet on one corner and two feet on
another corner. J. C. Porterfield motioned the permit be approved with
the set back variances. The motion was seconded by Arthur T. Bacon and
voted unanimously.
3. J. P. White, sign at Atlanta Street and Spring Road, on private property.
The sign was approved on motion by J. C. Porterfield, seconded by Arthur
T. Bacon. Motion carried, J. P. White abstained. It was further agreed
by Council that in the future similar signs could be approved by the
building inspector.
4. Building inspector Leon Hood reported the house located at 2631 Brown
Circle had been inspected and is now up to city ordinance regulations.
Work on the Cooper Lake-Highview intersection was reported in progress.
r,Cost of the project was estimated at $1650.
Council agreed to install 100 feet of guard rail at Concord Road at Havilon
Way intersection; also'.to erect signs if necessary-.
Mayor Harold Smithccalled a meeting for Saturday morning at 10:00 A. M. to
meet with all property owners in regard to the Atlanta Street widening
project.
Councilman J. C. Porterfield reported there were no authentic records showing
a forty foot right-of-way on Concord and Love Streets, and a counter offer
from the property owners on dollar value was needed. A meeting withytthe
property owners was scheduled for September 13, 1971 at 7:30 o'clock P. M.
Failure to attend this meeting would mean condemnation of the property.
PAGE 12
(CONTINUATION OF SEPTEMBER 7, 1971)
r
Bids were opened and read in Council for a garbage unit, cab chassis and
body, and recorded as follows:
Heard Equipment Company, Atlanta, Ga.
(Garwood) complete packer and chassis delivered
FOB Smyrna $15,626.00
Less Allowance on 1961 Ford and 20 yard Leach Packer 12 20O
-$14,9426-00
Decatur Truck & Equipment Co., Inc., Decatur, Ga.
Pak-Mor rear loader body $ 7,128.00
Alternate body 7,428.00
Truck cab and chassis (Ford) 1972 9,792.19
Truck cab and chassis (Chevrolet)•light duty 79788.50
Combination Pak-Mor Chevrolet truck demonstrator
unit (1971) 13,907.17
Less trade in allowance on any combination-500.00
Brackett Equipment Company, Atlanta, Ga.
One 20 cu. yd. Leach Packmaster $15,063.75
Less trade in of 1961 Ford Chassis -31000-00
The bids were referred to the sanitation committee for study and recommendations
at next meeting.
Bids on updating traffic control devices per State Highway Department recommend-
ations, at Atlanta Road and - Hawthorne and Atlanta Road and Cherokee Road were
recorded as follows:
A & P Signal Company
Atlanta and Cherokee $ 175.00
Atlanta and Hawthorne 400.00
No bids were -received from Thomas B. Combs Company - prior to the Meeting. J. C.
Porterfield motioned we approve the two bids from A & P Signal at a maximum of
the amounts called out in the bids, subject to Combs bids not being lower than
the ones from A & P Signal Company. J. P. White seconded the motion -and the
vote was unanimous.
Councilman J. C. Porterfield read a letter from the State Highway Department in
regard to traffic signal updating on State Route 280 (South Cobb Drive) at Pat
Mell and Benson Pool Road be interconnected with the master controller at the
South Cobb Drive -Cherokee Road intersection, and 12 inch lenses for all approaches.
Bids to be let next month on the proposed changes.
The bid from C. W. Matthews in the amount of $1248.75 for paving an additional
area for parking at the police station to accommodate approximately 15 or 20
cars was referred to the street committee for recommendations.
The nuisance and noise ordinance was deferred to 9-20-71 meeting.
Councilman C. 0. Canada reported work in progress on the Smyrna -Powder Springs
surface water, drains, ditches and curbs. The estimated cost was called out
as $400.00.
There was no report from Cartersville on the Stone Creek flood problems.
Mayor Harold Smith reported he had talked to Parris Lee regarding the sanitary
sewer facility to the Roller Rink on Smyrna Hills Road and suggested he talk
to the county in regard to a septic tank.
In regard to the sanitary sewer facility to the Norseman Apartments, Mayor
Harold Smith stated that all possibilities had been exhausted and he recommended
Alternate #6 as prepared by Mayes, Sudderth and Etheredge, at an estimated cost
of $62,000 with the county collecting one-third of the amount from the federal
government, leaving approximately $409000 to be paid by the City of Smyrna.
Arthur T. Bacon motioned that Council authorize a contract between the county
and city on Alternate #6; one-third of the cost to be absorbed by the county
through federal funds. The motion was seconded by Hubert Black and voted unanimously.
F t
PAGE 13
t
i
(CONTINUATION OF SEPTEMBER 7, 1971) ; 1
Sanitary sewer facility to accommodate 188 apartment units (three developers)
on Atlanta Road was discussed. C. 0. Canada stated that City Engineer J. E.
David had recommended a lift station to be built to tie in with the Navaho
Trail line at a cost of approximately $18,000. Mr. Canada proposed in the
form of a motion that the developers, Thompson, Brooks and Mason, build -the
lift station and the City of Smyrna waive the tap on fees. Arthur T. Bacon
seconded the motion. The motion was amended by C. 0. Canada stating the de�-
velopers would be fully responsible for any and all drainage problems. Vote
on the motion was unanimous.
The quit claim deed on location change for access road to Deerwood lift
station was reported as resolved.
Marston Tuck recommended the low bid from C. W. Matthews Construction Company
in the amount of $2,777.50, plus $250 for site preparation, for two tennis
courts at Jonquil Park be approved. C. 0. Canada seconded the motion and
the vote was unanimous.
Marston Tuck requested authority in the form of a motion to obtain sealed
bids on fencing of the two tennis courts at Jonquil Park, the bids to be
opened September 20, 1971. The motion was seconded by J. C. Porterfield and
voted unanimously.
The ordinance on 10:00 P. M. curfew, City Parks, was deferred to 9-20-71
meeting.
Marston Tuck reported that 54" pipe was approved to be used by the National
Guard in building the bridge over the creek at Jonquil Park and the equipment
was expected Friday night, September 10, 1971.
C. 0. Canada reported that grading was badly needed on the ball field at
Ward Park. This was referred to the Parks Committee.
Acquisition of trophy case was referred to committee for study. H & S
Woodcraft and David McNall of Estelle,Court were mentioned as possible
contacts on building the trophy case.
Arthur T. Bacon recommended changes in the Malt Beverage Ordinance. Mayor
Harold Smith asked that the recommended changes be put in writing and sub
mitted at the Council meeting to be held Saturday morning.
Applications for naturally fermented beverages were held pending approval of
an ordinance.
Hubert Black commenting on the Codification of Ordinances stated he needed the
approval of Council for the final printing of the ordinance. Mr. Black motioned
Council approve the printing of the ordinance. J. C. Porterfield seconded the
motion and the vote was unanimous.
On motion by J. C. Porterfield, seconded by C. 0. Canada, the August 2, 1971
minutes were approved as submitted on unanimous vote.
On motion by J. C. Porterfield, seconded by C. 0. Canada, the August 16, 1971
minutes were approved on a five to two vote. Homer Kuhl and J. P. White
abstained because they were absent at this meeting.
Finance Chairman Hubert Black stated the overage in salaries in the sanitation
department of $2800 was due mostly to the weekly payroll of July 2, and the
overage in capital in the amount of $3500 should have been paid in June.
J. P. White commented on the freeze in salaries in regard to promotions already
set up in the budget. Mayor Smith asked Hubert Black to get a ruling on this.
Arthur T. Bacon brought up the deplorable conditions at the home of B. F. Reed,
Clifton Circle. Leon Hood was asked to investigate and if definite progress
has not been made, it was suggested Mr. Reed be cited,fbefore council.
Arthur T. Bacon motioned that the owners of Rain, Inc. be brought before Council
for a "show cause hearing" as to why their license should not be revoked on
charges of nuisance, obscenity, pornography, violation of business license to
type of materials sold, stc. Marston Tuck seconded the motion. City Attorney
G. W. Carreker to check out time limitation on hearing.
PAGE 14
(CONTINUATION OF SEPTEMBER .7, 1971)
Homer Kuhl recommended that the city raise the homestead exemption from $2000 to
$2500 and the time limit be lowered from ten years to three years. --The recom-
mendations are to be prepared in writing -and submitted at the next meeting.
Homer Kuhl reported the state has approved self service:gasoline stations and
the city would need an ordinance to cover this type of business. Referred to
the Fire -Marshall and Bureau of Fire Prevention for recommendations'at next
meeting.
Meeting adjourned 10:2 P. M.
LIT Z SM11TH.9 YOU L. W. CHICRIM, CITY CLERK
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SEPTEMBER 20,. 1971
The regularly scheduled mid -month meeting of Mayor and Council was held at City
Hall, Smyrna, Georgia, September 20, 1971, and called to order at 7:30 o'clock
P. M. by presiding officer Mayor Harold L. Smith. All Councilmen were present
except C. 0. Canada'of Ward #5. Also present were L. W. Charles, City Clerk;
D. Scott Jackson, Tax Assessor, G. W. Carreker, City -Attorney; J. E..David,
Supt. of Public Works; N. Proctor, George Hardy of Mayes, Sudderth and.Etheredge,
and a representative of the Atlanta Journal, Marietta Journal and WBIE.
Invocation was given by Councilman Hubert Black.
Mr. Glynn Cowart of 2618•13i•rch Street appeared before Mayor and Council with a
complaint that when it rained his garbage can would float up and get filled with
water and the garbage boys would not pick up the wet garbage. This was referred
to the sanitation committee for'correction.
There were no commercial building permits submitted for Council action.
The North Cooper Lake-Highview radius project was reported,as partially.completed,
and weather permitting, would'be finished'by the end of the week.
The Concord-Havilon and Lake Drive high rate accident areas were discussed. It was
reported that the signs had been errected but the guard rails have not yet been
installed.
A report on Old Concord and Joneshaw high rate accident area was deferred.
The Atlanta Road improvement project was reported in progress with signatures of some
property owners still needed. Follow up on this project was scheduled for September
21, 1971.
The Concord Road and Love Street widening and rights -of -way were discussed. J. C.
Porterfield reported he was unable to secure the original plot showi"ng the rights -
of -way. City Attorney G. W. Carreker reported the plot was -.,,recorded in Book 3,
Page 17, Cobb County records. Councilman Marston Tuck motioned that Council proceed