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10-07-1974 Regular Meeting275 OCTOBER 7, 1974 The regularly scheduled meeting of Mayor and Council was -held pursuant to the Charter at City Hall, Smyrna,'Georgia, October 79 1974, and was called to order at 7:30 o'clock P. M. by presiding officer Mayor John C. Poterfield. All -Councilmen were present. Also present were: L. W. Charles, City Clerk, Willouise C. Spivey, Asst. City Clerk, Bob Burchfield, Administrative Assistant, Lee Silver, Parks Director, Nora Proctor, Clerk, J. E. David, Public Works Supt., Berl T. Tate, City Attorney, Leon Hood, Building Inspector, Joe Briggs, Consultant Engineer, and members of the press. Invocation was given by Councilman Homer Kuhl. A citizen inquired as to the status of the dog lease law in Smyrna. Mayor Porterfield stated the City has requested expanded facilities from the county, and we are now await- ing a reply. Mr. Richard Maskevich of 2659 Bent Hickory Drive, appeared before Mayor and Council and stated -that the placing of•a stop sign on Smyrna Powder Springs Road -at the Intersection of Evergreen made the intersection even more dangerous than it -was before. Mr. Maske- vich was informed that a flashing sign "stop ahead" would be installed and hopefully this would solve the problem at the intersection. In regard to Mr. Maskevich's inquiry on a stop sign at Concord at King Street, Mr. Maskevich was told that bids were to be opened tonight for a light at the intersection. Mr. H. C. Tucker of 2812 Spring Drive voiced a complaint that every time -it rained his garbage can floated out of the ground and he was unable to use it. This was referred to Councilman Jerry Mills for checkout and correction. It was reported there was a trash dump in the buffer area of the Farmstead Condominiums on the east side of Carolyn Drive which had not been covered. Building Inspector Leon Hood was requested to check on this. A Proclamation was read by Mayor J. C. Porterfield commending the Hickory Acres Garden Club for their supervision and help implanting of the park between City Hall and the Police Station and for beautification of other parts of the City. Seven members of the Garden Club were present and the Mayor presented the President of the Club with the Proclamation. Councilman Forster Puffe reported he had not been -able to get all parties together re- garding cost of gurface water drainage problems on Campbell Road. Reporting on a meeting with residents in the Trailwood-Wooddale Drive area in regard to a surface water drainage problem, Councilman E. R. Coalson stated het -Vic Broyles, and citizens of the immediate area, had met last Monday night, and at the time, nothing was solved. Mr. Coalson further stated it was his understanding Mr. Leon Faulkner would purchase a,pump to pump the,water�from his yard. Tt was reported that the Department of Transportation would not accept the finishing for sidewalk work on Love Concord as it now stands. Public Works'Supt. James E. David was requested to contact Bob Sutton of the County to help in getting C. W. Matthews Con- tracting Company to complete the job. ZONING HEARINGS: (1) The first zoning hearing to come before Mayor and Council was on property located at 2843 Spring Road, at the intersection of Carolyn Drive, requested by Dr. Richard L. Lindwall, from R-15 to 0=1 for the purpose of ShChiropractor's offn'be. Many residents of Spring Road and Carolyn Drive appeared in opposition to the rezoning protesting encroachment of business establishments in the neighborhood, drop in property values, traffic problems, danger involved in children walking home from Argyle School, etc. • Some of those voicing opposition were: Dan Acker, 2781• Carolyn Drive, Thomas Williams, 2502 Carolyn Drive, Lester Richter, 2816 Carolyn Drive, Jim Martin, 2800 Spring Drive, Mrs. Shirley Green, 2755 Carolyn Drive, E. I. Comer, 2774 Carolyn Drive, William Carrier, 2431 Carolyn Drive, George Scott, Farmstead Condominiums, Mrs. Glenda Taylor, 2720'Carolyn Drive. Dr. Lindwall stated that if the home were converted to an office, he would make a parking lot with seven parking spaces and would be open from 9:OOA.M. to 6:00 P. M. Monday, Wednesday and Friday and from 9:00 A.M. until noon Tuesday and Thursday. After further discussion, Councilman Marston Tuck moved that the request to rezone be denied. Homer Kuhl seconded the motion and the vote was unanimous. NOTE: Prior to the vote, the recommendation of the Planning and Zoning Board was read as follows: "The Boat.d recommends this zoning be denied, because it fronts on a residential street and is an integral part of a stable residential area and it would set a precedent fa for other houses on Spring Road." (Continuation of October 7th Minutes) 276 (2) A zoning hearing was held on property located at 2365 Spring Road from'R-15 to L-col petitioners Glen Robinson III and Thomas L. Fricks, for the purpose of a real estate office. Mr. Fricks stated the driveway would be leveled off as recommended by the Department of Transportation, not more than 10% grade for the first 20 feet and 20% grade for the next-15 feet, also -a culvert of 23" would be installed underneath the parking area. Several citizens voiced opposition,l:including Jim Martin, Ed Comer, John Hambrick, Dan Acker, P. U. Kadaba, E.-G. Roseman, George Bracy, and Billy Ledbetter. The recommendation of the Planning and Zoning Board was to,rezone this property from R-15 to L.C. conditional, restricted to use as a Real Estate Office because it is compatible with,property on two adjoining sides and it is not an,integral part of -a stable residential area. After further discussion, Marston Tuck motioned that the request to rezone be denied. Earle Cochran seconded the notion which carried by a four to three vote. Voting for the motion: Marston Tuck, Earle Cochran, Jerry Mills, Homer Kuhl. Voting against the motion, E. R. Coalson, Forster Puffe and C. 0. Canada. (3) A zoning hearing on property located at 1025 Concord Road, petitioner Bill Stewart, for the purpose of an insurance office, was next brought before Council.. The Planning and Zoning Board recommended this property be rezoned as requested. Arthur T. Bacon represented the petitioner, stating the building would be brick -,:Veneered, sidewalks installed ,etc. There,was no opposition to thefrezoning.., On motion by C. 0. Canada, ,secondedrby;Forster Puffe,,, the property was rezoned by' a six' to tone: vote: Homer Kuhl Opp 6sed the motion. - - r (4) A zoning hearing was held on property located at the northwest corner of Spring Road and Hargrove from-,R-15 & 0-1 to G-C, for the -purpose of a shopping center. Mr. Howard Ellis, petitioner, was present to answer any questions from Council. *Mr. Ellis also presented a site plan for the area. The property contains approximately 11 3/4 acres: Mr. Ellis stated he was willing to dedicate 15'feet of the property to the - widening of Hargrove Road. It was the recommendation of the Planning and Zoning Board that this property be rezpned to;G.C. conditional upon the site plan submitted and agreement of the applicant.to dedicate the proper footage to the City for the widening of Hargrove Road. Marston Tuck motioned that the property be rezoned to General Com- mercial restricted to the site plan presented, with 15 feet right-of-way for widening of Hargrove Road, and since the petitioners own.the land on both sides of Bethel Road, the Mayor has the authority to execute a quit claim deed of Bethel Road to them. The motion was seconded by Jerry Mills and the vote was unanimous. Commercial building permits were presented by building -inspector Leon Hood and upon his recommendations the following is recorded: (1) Goodyear on Benson Poole Road requested a variance in height of 15 additional feet for a sign in front of their store. Photos taken from Cobb Center and South Cobb Drive showed the present sign almost invisible. On motion by Forster Puffe, seconded by C.O. Canada, the variance of 15' in height was granted. Vote on the motion was unanimous. (2) Southern Neon Sign Company, erect 37' x 5?' sign, for Goodyear with their emblem at the top.. The permit was approved on motion by C. 0. Canada, seconded by Jerry Mills Vote on the motion was unanimous. (3) S. J. & B. S. Moore, addition to warehouse (rear of Poston Refitpy Company).. The - request was withdrawn in order that additional information could be submitted. I Nominee for the Planning and Zoning Board was postponed to the next meeting. On motion by Marston Tuck, seconded by Homer Kuhl, Mr. Jim Wigington was unanimously appointed as Director of the Civil Service Board for another term/ Bids were opened for installation of lights, at King Spring and Concord and King and Concord, were read and recorded as follows: A. & P. Signal Company King Spring and Concord '!fucker, Georgia King Street and Concord Wright,Brown Elec. Co. 1111 Capitol Ave, Atlanta .y Signal Engineering Co. Jacksonville,.Florida King Spring and Concord King Street and Concord King Spring•and Concord King Street and Concord $ 2800".00 3250,00 . 3000.00 3500.60 3857.00 3265.00 On motion by Forster Puffe, seconded by Marston Tuck, the low bid of A.G& P. Company was accepted. Vote on the motion was unanimous: Councilman C. 0. Canada stated that Police Car #22 had not been sold and he the matter to Vic Broyles for negotiations. Signal had referred Based on the meeting of last Monday night, action on adoption of the Sign Ordinance was postponed for sixty days on motion by Marston Tuck, seconded by Jerry Mills, so 277 (Continuation of October 7th Minutes) that Council could alledgely get more "imput" from sign companies and businesses. It was also suggested that the City work with the County since they are also working on a new ordinance, in order that the ordinance for municipalities.and the County would be more uniform. Vote on the motion was unanimous. Officials of Sign Companies were ,told they would be notified of the next working session. There was no report on the Civic Center. Finance Chairman Homer Kuhl reported that all bills received to date on renovation and addition to City Hall totaled $799618.72, which did include some furniture and everything'�� for the old portion. Mr. Kuhl further stated that we are to a point now-where,additional funds are needed in the General Fund, and motioned that $1009000.00 be transferred from the Water Revenue to the General Fund,.until tax money is received. The motion was seconded by E. R. Coalson and the vote was unanimous. On motion by Forster Puffe, seconded by.Earle Cochran,.the minutes of September 9, 1974 were approved as.submitted. Vote on the motion was unanimous. On motion by Forster Puffe,,seconded by Earle Cochran, the minutes of the meeting of September 23,, 1974; were'adopted as prepared and submitted. Vote,on-the motion was a f unanimous. The Agenda completed, -the -following action is recorded: (1) C. 0. Canada reported two vacancies on the Parks and Recreation Commission. Homer Kuhl stated he had discussed the vacancy.in his Ward with Mr. C. W. Eason and he had agreed to serve another term: Mr. Kuhl motioned that Mr. Eason's appointment be approved. The motion was -seconded by E. R. Coa:lson and the vote was unanimous. Forster Puffe also stated he had discussed the matter with Mr. Bob Arnold of.his Ward and motioned that Mr. Arnold be reappointed. The motion was seconded by Marston Tuck and the vote was unanimous. C. 0. Canada recommended that a radio be installed in the Parks and Recreation Director's car. It was recommended that this be held up temporarily, since sale of the equipment or expansion of the Public Works equipment is pending. Councilman Jerry Mills reported he was meeting with Gene Jackson on the unpaved area of Walker Street tomorrow between 9:00 and 9:30 A. M. On motion by Jerry Mills, seconded by Forster Puffe, Mann Street was made a one way street, north to Stephens. Vote on the motion was unanimous. J. E. David to install proper signs. On motion by Earle•Cochran, seconded by Forster Puffe, October 21, 1974 was the date set to hear appeal from Recorders Court in the case of Mark Alan Dozier. Homer Kuhl reported that a letter had been received -from the U. S. Postal Department requesting all citizens on Concord -Love to install mail boxes at the street. Because of the danger in the street being four-laned, Mr. Kuhl motioned that the Mayor write a letter objecting to this request. Earle Cochran seconded the motion. The•vote was unanimous. The meeting adjourned at 10:30 P. M. .1::;;:W October 21, 1974 - The regularly scheduled mid -month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, October 219 19749 and called to order at 7:30 P. M. by pre-' siding officer Mayor John C. Porterfi'61d. All -Councilmen were present. Also present were L. W. Charles, City C1erk,Willouise Spivey, Assistant City Clerk, Lee Silver, Parks and Recreation Director; Nora Proctor, Clerk, J. E. David, Public Works Supt., Leon Hood, Building Inspector, C. C. Porterfield, Chief of the Fire Department, George Harden, Consultant Engineer, Berl T. Tate, City Attorney, and representatives of the press. Invocation was•given by Councilman Homer RUhl.