09-10-1973 Regular MeetingPAGE 182
SEPTEMBER 10, 1973
The regular meeting of Mayor and Council was held at City Hall, Smyrna, Georgia on
September 10, 1973. The meeting was held on the second Monday of the month rather'
than the first Monday because September 3rd was a legal holiday. Mayor John C.
Porterfield called the meeting,to-order,�.at 7:30 o'clock P. M. and all Councilmen were
-t present. Also present were: L. W. Charles, City Clerk, Willouise Spivey, Asst. City
-� Clerk, Berl T. Tate, City Attorney, N. Proctor, Clerk, J. E. David, Public Works Supt.,
Leon Hood, Building Inspector, C. C. Porterfield, Chief, Smyrna Fire Department, George ,
Hardy, Consultant Engineer, and a representative of the Marietta press.
Invocation was giveny by Buddy Scoggins,!
The first order of business was a request to set a hearing date to rezone the Turley
property, Land Lot 315, approximately 40 acres, from R-1 residential to R-2 multiple
family. On motion by Marston Tuck, seconded by C. 0. Canada, the hearing date to
rezone the property was set for October 1, 1973. Vote on the motion was unanimous.
Judy Robinson appeared before Mayor and Council in regard to "Let's Clean Up Our City"
day. Mrs. Robinson stated Brownie Troops were very interested ineenvironment and they
would like as one of their projects to conduct the clean up project on September 22.
Mrs. Robinson requested approval by city officials to provide pick up stations and
trucks to haul the trash and debris collected. Mayor Porterfield referred the request
to the street committee to work out details with Mrs. Robinson.
Councilman Forster Puffe introduced Civic Center Chairman Sam Turriglio who in turn
introduced Buddy Scoggins of the Bill Ward Civic Center committee. Mr. Scoggins told
of the progress made to date on plans for the Civic Center and the various contacts
made in regard to architects for the Center. Mr. Scoggins stated that after talking
with many architectural firms and visiting a number of Civic Centers in the southeast,
the committee unanimously recommended the firm of Bothwell, Jenkins, Slay and Associates
of Atlanta to design the Center. Councilman Forster Puffe'moved that Council enter
into a contract with Bothwell, Jenkins, Slay and Associates to design the Center subject
to approval of the contract by the City Attorney. The motion was seconded by Councilman
Homer Kuhl and vote on the motion was unanimous. Mr. Scoggins stated that a copy of
the Constitution and By -Laws would be in the hands of the City Attorney within the
next week. After the architectural firm submits a model of the proposed center; the
committe will statt raising funds for the building.
A zoning hearing on the C. H. Mines property located at 2145 Kennesaw Way from District
I C to C-2 was continued to the September 24, 1973 meeting on motion by Jack Miles,
seconded by E. R. Coalson. Vote on the motion was unanimous. (Mr. Mines had not been
notified to submit plot plans at the hearing.)
A zoning hearing of the Jack L. Chambers property, 2151 Kennesaw Way from District C ,t 41
to C-1, real estate office, was continued to the next meeting on motion by E. R.
Coalson, seconded by C. 0. Canada. Vote on the motion was unanimous. (Mr. Chambers
was also notified to bring plot plans to the next meeting.)
A zoning hearing was held on property located in Land Lot 375, and known as 630
Cherokee Road, from District C to C-1, Sales of Antiques. There was no opposition'to
the rezoning. On motion by Jack Miles, seconded by E. R. Coalson, the property was
rezoned from District C to C-1, restricted to office, professional, retail sales, with
no'outside display of antiques or parking of cars in front of the building. Vote on
the motion was unanimous.
A residential permit was requested by Mr. Raymond W.-Downs to operate a business office
in his home at 3125 Highland Drive to be known as Downs Brothers Sub -Contractors. Mr.
Downs stated there would be no signs erected and no on street parking, only paper work
and business by phone. Mr. Downs also submitted a petition signed by all residents
within 300 feet stating they had no objection to the business office. The permit was
approved by unanimous vote on motion by Marston Tuck, seconded by C. 0. Canada.
Mayor John C. Porterfield stated he had been contacted by the county in regard to the
City paying for one-half the cost of a traffic signal at Hargrove and Spring Road. On
motion by Jack Miles, seconded by Homer Kuhl, authorization was granted for payment of
one-half the cost of the traffic signal. Vote on the motion was unanimous.
Councilman Homer Kuhl,reported he had contacted the owner of the Concord Gardens Apart-
ments and had been told by the owner that materials had already been ordered to replace
the retaining wall. Mr. Kuhl further reported that Mr. E. A. Reeves, owner of Old
Smyrna Village Apartments, met with the street committee on Saturday and all agreed that
the solution to the drainage problem in the area was to pipe the water from Concord Gardens —
directly to the catch basin. Mr. Reeves stated he would contact Mr. C. V. Lemons, owner
of Concord Gardens in regard to installing the pipe and sharing cost of same. Mr. Reeves
PAGE 183
(Continuation of Septezgbei' 10 , . 1973 meeting) ,
also agreed to get the drainage pipe off the`"Williams property. Mr, Kuhl stated he hoped
1.
to get both parties together within the next week in order to work out a permanent
solution to the drainage problem.
Building Inspector Leon Hood reported the Mark Turner.house on Cherokee Trail was
mostly complete on the outside but the -interior had not been completed; therefore, he
recommended Mr. Turner be cited into court Thursday, September.13, and no extensions
for completion be -granted. Mayor --John C.'Porterfield requested Mr. Hood to notify
Mr. Turner to be in court Thursday at 5:30 o'clock P. M.
W-.A&. MacKenna appeared before Mayor and Council in regard to surface water drainage
from Spring Street on to propertyy he owns. Mr. MacKenna was'asked if he would be
willing to purchase the pipe for drainage -purposes if -the City installed it. He replied
he was not sure at this time. Mayor John C. Porterfield requested J. E. David to
furnish him and Councilman Forster Puffe with a copy of the deed on the Spring Street
widening, prior to making any final decision.
Commercial building permits were submitted by Building Inspector Leon Hood and upon his
recommendations the following action was taken:
(1) Halpern Enterprizes: Addition to Belmont Shopping Center, for offices, storage
areas and warehouse. A plot plan of the addition was submitted -by the building in-
spector. Tentative approval was granted subject to check out by the Fire Department
and -submission and approval of final plans.
(2) Fouts Bros Datsun Sales; Build new structure, tear down old building when new
structure is completed. Approved on motion by Homer Kuhl, seconded by Forster Puffe. f
Vote on the motion was unanimous.
(3) Ray Newton: 144 apartment units, 3300-Atlanta Road. *A request to Mr. Newton to
close Navaho Trail led to a discussion on the legality of such a request; however, Mr.
Newton stated he would discuss the matter with his associates. A fence at the rear of
the property was also disdussed. Councilman Forster Puffe moved that approval of the
permit be postponed to the next meeting. Jack Miles seconded the motion. Marston Tuck
amended the motion to meet Saturday morning. The amendment died for lack of a second.
Vote on the motion was four for the motion and three against. For the motion, Marston
Tuck, Homer Kuhl, Jack Miles, Forster Puffe. Voting against the motion, E. R. Coalson,
C. 0. Canada,and Arthur T. Bacon.
(4) Building Inspector Leon Hood reported that Mr. Lovan McMillen, 620 Cherokee Road
stated he was not aware of the city ordinance on signs. Mr. Hood stated Mr. McMillen
had agreed to move the sign back three feet, dress up the sides of the signer dnd build
a gable roof over the sign similar to the one used by Day's Insurance Company. Mr. Hood
further stated what when he told.Mr. McMillen the lighting.of,the sign did not meet city
ordinances, Mr. McMillen immediately disconnected the lights. On motion by Forster Puffe,
seconded by C. 0. Canada, the sign was approved in the new location as presented by Mr.
Hodd. Vote on the motion was six to one, E. R. Coalson opposed.
(5) Handy City: 2900 South Cobb Drive, rex4ork-old•Howard sign. Approved on motion by
Jack Miles, seconded by C. 0. Canada. Vote on the motion was,unanimous.
t(6) Hancock Fabrics: 3245 South Cobb Drive, 4' x 6' lighted sign on building. Approved
on motion by C. 0. Canada, seconded by Jack Miles. Vote on the motion was unanimous.
Bids were opened on surplused City equipment and are recorded as follows:
1959 Ford Truck 1960 Chev. Step Side
Serial #F50C9All2l3 Pick Up Truck
Serial #OC144A114942
Z1961 Chev. Step Side
Pick Up Truck
Serial #lC144A112376
J. E. Lovern
$100.00
$ 75.00 $100.00
Sanitation Systems
100.00
75.00 100.00
W. P. Lord
100.00
65.00 1-35.00
Mrs. U. D. Curley
125.00
--- ---
Ralph Cronan
i95.00
---
Paul Cantrell
---.
100.00 ---
Robert Decker
---
85.00 ---
Earl Cane
175.00
--- ---
All bids were referred to the garage committee with authority to act on the high bid.
A name and sign for the street at Church and the park site and Jonquil Street Extension
was referred to the street committee for recommendations at the next meeting. �I
It was xeported there was still some work to be done on the water lines on Love -Concord;
however, some of the work had to be coordinated with the road work.
South Cobb work was reported as moving along well and on schedule.
PAGE 184
(Continuation of September 10, 1973 meeting)
Mayor John C. Porterfield read a letter received•from•Downing Musgrove, of.the Department
of Transportation in regard to improvement to,Atlanta Street and a previous agreement with
the City as follows:
1. The work would be done by city or county contract with the project being listed on
the Priority- list for the county.
r.. _ 2. The contract would provide for grading, drainage and pavement but with the local
,government bearing the cost of curb and gutter and sidewalk.
3. Local government would bear the expense of needed rights -of -way.
Mr. Musgrove further stated the Department is still willing to pursue the project under
the same conditions to provide a four -lane facility between Love Street and Powder Springs
Street and a three -lane facility from Powder Springs to Hawthorne Street. Mayor -Porterfield
stated he would ask for a third lane now, and if.necessary, the city would absorb the
cost for curbing.
Councilman Forster Puffe stated it was agreed by the committee that an official appraiser
should be appointed in regard to securing rights -of -way on the Atlanta Street property.
Mayor Porterfield requested.the committee to make the necessary contacts -to -obtain an
appraiser and report back at the next meeting.
A meeting -of the street committee was called for Thursday at 5:30 o'clock P. M.
It was reported that Hargrove Road would be four-lanedffrom Spring Road to U. S. 41
Highway.
' On motion by Forster Puffe,,seconded by Homer Kuhl,C.-W. Matthews Contracting -Company
was approved to pave the extra lane at•the intersection of Hollis and Concord Road.
' Vote on the motion was unanimous. (To�be paid-from,State Grants.)
I
It was reported.that the Fleming Street sanitary sewer line should'be completed this week. 1
T
J. E. David reported that fivetlift stations had been by-passed and that Highland Drive
would be next.
Councilman-C. 0. Canada reported the Teen -Canteen staff -was being reorganized and"he
would have a report at a later date.
The total cost of the library addition was reported as $25,498.18.
Councilman Homer Kuhl motioned that the lighting system in the old part of the library
be replaced at a cost of $1800.00 to be paid from Revenue Sharing Funds. The motion
was seconded•by.Jack Miles and the vote was unanimous.'
Councilman Marston Tuck•reported information had been obtained on the high band base
radios for the Fire'Department and requested the committee meet'Saturday, September 22.
On motion by Forster Puffe, seconded'by Arthur T. Bacon, the August 6, 1973 minutes were
approved as submitted and corrected. Vote on the motion was unanimous.
On motion by Homer Kuhl, seconded by Jack Miles, the August 20, 1973 minutes were approved
as submitted. Vote on the motion was five to two, Arthur T.- Bacon and Forster Puffe
abstained.
Financial reports for June and July were deferred.
Mayor John C. Porterfield reminded Council of the C. M.•A.-meeting to be held Tuesday,
September 11, at the Marietta Country Club.
On recommendation of Mayor John C. Porterfield, and on motion by Forster.Puffe, seconded
by Marston Tuck; Mrs. Milton Bennett was appointed Superintendent of the Election to
be held November 3, 1973. Vote on the motion was unanimous. Names of managers and poll
workers are to be submitted.at the'next meeting.- .. I I
Councilman C. 0. Canada thanked city officials dnd particularly Mayor John C. Porterfield
and City Clerk L. W. Charles for.their contributions to -the -Connie Mack team.
Councilman Forster Puffe reported on the unsightly conditions of some of the homes on
r,
Ventura Road. This matter was referred to the building inspector, fire department and
sanitation department, with authority to condemn the homes if necessary.
Councilman Forster Puffe reported the Bi-Centennial Committee needed a group from Smyrna
to work with the committee. Mayor Johnc C. Porterfield stated he would discuss the matter
with Mrs. Anderson, Chairman, and also with some of the civic clubs in regard to naming
a committee.
J��
PAGE 185
(CQntinuation of September 10, 1973 meeting)
J. E. David was requested -to contact the proper authority in regard to clean up of
Atlanta Street r..,gla-of-way; als6, to checkout curb cuts at the new used car lot on
Spring Street.
Councilman Homer Kuhl reported 4,629 books checked out of the library during August.
The meeting adjourned at 10:37 P. M.
SEPTEMBER 24, 1973
The regularly scheduled mid -month meeting of Mayor and Council was held September 24,
1973 at City Hall, Smyrna, Georgia. Presiding Officer Mayor John C. Porterfield called
the meeting,to order at 7:30 o'clock P. M. and all Councilmen were present. Also present
were: L. W. Charles, City Clerk, Willouise Spivey, Asst. City Clerk, Berl T. Tate, City
Attorney, N: Procotr, Clerk, J. E. David, Supt. Public Works, V. M. Broyles, Assistant
Supt. Public Works, Leon Hood, Building Inspector, Asst. Fire Chief, Donald Atkinson,
Lt. James Crumbley and Lt. C. J. Sanford of the Fire Department, Dick Willis, Consultant
Engineer,aand a representative of the Marietta press.
Invocation was given by Councilman Homer Kuhl.
Mayor John C. Porterfield expressed appreciation to the Connie Mack.Baseball Team
who won the state and southeastern championship. Trophies were distributed to each
player and the coaches by Mayor Porterfield and Councilman C. 0. Canada. Coach Joe
Lattanzi thanked city officials, citizens of Smyrna, and particularly Senator Joe
Thompson and Bob Austin for their part in the fund raising campaign to defray expenses
of the team to Farmington, New Mexico to participate in the Connie Mack World Series.
A zoning hearing was held on property located at 2145 Kennesaw Way, from District C to
C-1, for the purpose of a plumbing office and warehouse. On motion by E. R. Coalson,
seconded by Homer Kuhl, the property was rezoned from District C to C-1,• restricted to
a plumbing office and parking of trucks with no outside storage permitted. Vote on the
motion was unanimous.
A zoning hearing was held on property located at 2151 Kennesaw Way, from District C to
C-1, for the purpose of a real estate office. There was no opposition to the rezoning.
On motion by E. R. Coalson, seconded by C.'O. Canada, the property was rezoned from
District C to C-1, restricted to a real estate office. Vote on the motion was unanimous. fi
A residential permit was requested by Mr. David W. Collier, 2188 Jay Lane, for the
purpose of operating Collier Security Consultants in his home until office space could
be located. Mr. Collier submitted a petition signed by all residents within 300 feet
of his residence stating they did not object. Councilman Forster Puffe motioned the
residential permit be granted for a period of six months. Councilman Jack Miles
seconded the motion which carried by unanimous vote.
Approval of change in management to Mr. Timothy C. Garretson at Pizza Inn, Old Concord
Road was requested. On motion by Arthur T. Bacon, seconded by C. 0. Canada, the manage-
ment change was approved. Vote on the motion was unanimous.
Approval of a management change at the American Legion Post 160 to Mr. Frank Boykin was
requested. On motion by Arthur T. Bacon, seconded by Marston Tuck, the change was
approved by unanimous vote.
Bui&ding Inspector Leon Hood stated Mr. Ray Newton could not attend tonight's meeting
but would apply for a Building permit for 144 apartment units on Atlanta Street at the
October 1, 1973 meeting. City Attorney Berl T. Tate suggested that Council wait until
the next meeting to make a decision oncUosing Navaho Trail at which time Mr. Newton
would be present.
Commercial building permits were submitted to Council by building inspector Leon Hood ,
and upon his recommendations the following action is recorded:
(1) Burger King: Erect building at Fleming and Atlanta Street. No variance was re-
quested. Approval on motion'by C. 0. Canada „ seconded by Arthur T. Bacon. Vote on
the motion was unanimous.
(2) Don -Lon Contractors, 1297 Powder Springs: Addition to present building. A letter
was submitted, signed by Mr. Earl R. Cobb, owner of property located at 2710 Atlanta
Street, stating he had no objection to Don -Lon Contractors building on to their present
warehouse to within five feet of his property line. On motion by Marston Tuck, seconded
by Homer Kuhl, the building permit was approved with a waiver of rear yard set back of