11-05-1973 Regular MeetingPAGE 193
NOVEMBER 5, 1973
The regular meeting of Mayor and Council was held pursuant to the Charter on November 5,
1973, at City Hall. Mayor John Porterfield called the meeting to order at 7:30 o'clock
r ,P. M. All Councilmen were present except Ward #5 Councilman C. 0. Canada. Also present
were: L. W. Charles, City Clerk, Willouise Spivey, Asst. City Clerk, N. Proctor, Clerk,
r�J. E. David, Supt Public Works, V. M. Broyles, Asst. Supt. Public Works, Leon Hood,
Building Inspector and a representative of the Marietta press.
Invocation was given by Councilman Homer Kuhl.
In the first order of business, Mrs. Milton Bennett, Supt. of the Election, read the
results of the election held November 3, 1973 and on motion by Homer Kuhl, seconded by
Forster Puffe, the results were certified by unanimous vote. Mayor Porterfield commended
Mrs. Bennett on the outstanding job she did as Superintendent.
Under Citizens Reports, Mr. Herman Moore, 3160 Ann Road, appeared before Mayor and Council
with a complaint on raw sewage backing up into his home. Mr. Moore was advised to contact
the City's insurance carrier in order that necessary repairs could be made. Supt. of
Public Works J. E. David reported the sewerage problem had been corrected.
E. Y. Smith appeared before Mayor and Council and presented a plaque containing three
pictures which were taken during the Centennial. Mayor Porterfield stated the plaque was
appreciated very much and would be displayed in City Hall.
A zoning hearing was held on property located at 3485 South Cobb Drive from District "C"
to C-1 for the operation of a beauty shop. On motion by Arthur T. Bacon, seconded by
Forster Puffe, the rezoning was approved as requested by unanimous vote.
A zoning hearing was held on property located at 600 Floyd Drive from C-1 commercial,
office and professional, to C-1 office, professional; sales and installation, for a
business known as the "Hitching Post". On motion by Marston Tuck, seconded by Jack Miles,
the rezoning was approved with stipulations that the hours of operation be from 9:00 A. M.
until 5:00 P. M., there would be no outside storage, all work would be done inside the
garage, all deliveries would be made during working hours; there would be no work done
on Sundays or holidays, and if installation interferred with T.V. reception, resisters
would be installed. The vote was five to one, E. R. Coalson opposed.
A residential permit was requested by Mrs. Louise Bates, 1294 Cliffwood Drive, for a one
chair beauty shop. A petition was submitted signed by all residents within 300 feet
stating they did not object. Mrs. Bates stated she understood there would be no employees,
no signs and no on -street parking. The permit was granted on motion by Forster Puffe,
seconded by Homer Kuhl. The vote was unanimous.
A residential permit was requested by James L. Kington, 1960 Lochlomand Lane, for the
operation of Kington Enterprises, Inc. A petition was submitted signed by all residents
within 300 feet stating they did not object. Mr. Kington also stated he understood there
would be no employees, no signs and no on -street parking. Mr. Kington further stated
the oil additives were noninflamable. The permit was approved on motion by Marston Tuck,
seconded by Forster Puffe. Vote on the motion was unanimous.
At the request of Mr. Bill Brown, and on motion by Arthur T. Bacon, seconded by Marston
Tuck, December 3, 1973 was the date set for a zoning hearing on property located at 960
Powder Springs Street from R-1 residential to C-1 commercial, for a day care center and
kindergarten. Vote on the motion iaas unanimous.
Commercial building permits were submitted by building inspector Leon Hood and upon his
recommendations the following action was taken:
(1) Botany Bay (formerly Sandy's) South Cobb Drive, requested permission to install an
awning on the building. A letter signed by Robert E. Frederick, of Fulton Federal Savings
and Loan Association, was read by the building inspector. Mr. Frederick stated they did
not object if the width of the awning was limited to fifteen feet. On motion by Arthur
T. Bacon, seconded by E. R.Coalson, the set back variance was granted and the permit for
a fifteen foot open type awning added to the building was approved. Vote on the motion
was unanimous.
(2) Mrs. Bobby Hopper requested a permit to remodel the house at 3485 South Cobb Drive
for the operation of a beauty shop. On -motion by Marston Tuck, seconded by Arthur T.
Bacon, the permit was approved by unanimous vote.
�(3) Building'Inspector Leon Hood submitted a list of 30 violations to the building code
on the house moved to 877 Cherokee Trail by Mr. Mark Turner. Mr. Hood further stated
that Mr. Turner was fined $200 in Recorder's Court�on November 1 for contempt of court,
and would be fined $200 per week as long as the present conditions exist.
Bids were opened on three new patrol cars and are recorded as follows:
PAGE 194
(Continuation of November 5, 1973 meeting)
Beaudry Ford, Atlanta, Georgia
1974
Ford
Torino
$3063.72
Davis Ford, Inc., Fayetteville, Ga.
1974
Ford
Torino
r,3,393.54
Friendly Ford, Decatur, Georgia
1974
Ford
Torino
3,489.26
Carey Paul Ford, Decatur, Georgia
1974
Ford
Torino
4,164.'9`6-
Strother Ford, Marietta, Georgia
1974
Ford
Torino
3,328.61
Jim Tidwell Ford, Kennesaw, Ga.
1974
Ford
Torino
3,446.66
Wade Ford, Atlanta, Georgia
1974
Ford
Torino
3,311.81
On motion by Forster Puffe, seconded by Homer Kuhl, the bids were referred to the police
committee with authority to act on the low bid. Vote on the motion was unanimous.
Bids were opened on a caterpillar 955-L crawler -loader and are recorded as follows:
Carlton Company, Albany, Georgia
Yancy Bros. Co., Atlanta, Georgia
$35,300.00
$33,870.00
The bids were referred to the sanitation and finance committees for a joint meeting and
to make recommendations at the next meeting. The joint meeting was set for Monday,
November 12, at 6:00 P. M.
Councilman Forster Puffe was requested to set up a meeting with Mr. Caplan and the street
committee regarding the paving of Industrial Drive.
It was reported that Nichols Contracting Company had completed their work on Love -Concord;
Georgia Power would require another week or ten days; Southern Bell would follow Georgia
Power Company, then C. W. Matthews could move in.
Progress on South Cobb Drive was reported as good.
Report on the new Fire Station was deferred to the next meeting.
Councilman Forster Puffe reported that the Civic Center committee met with,Mr. Tom
Mathis and Mr. Sam Whitfield of the Board of Education and presented topos, survey and
a drawing of the new civic center and they were promised it would be on the agenda for the
next board meeting. Mr. Puffe further stated the committee needed operating capital
and motioned that the City appropriate $500.00 to the center to be paid from the contingency
fund. The motion was seconded by Arthur T. Bacon and carried by unanimous vote.
A planning and.zoning committee meeting was set for Tuesday, November 6, at 6:30 P. M.
Financial reports were deferred to the next meeting.
Councilman Forster Puffe stated the Parks and Recreation Commission elected officers as
follows:
Marion Wilhelm, Chairman, 1887 Balmoral Road, Ward #1
Terry Clayton, Vice Chairman, 855 Wayland Court, Ward #5
Lynn Henderson, Secretary, 657 Inglewood Drive, Ward #6
Other Members are:
Bob Arnold, 3625 Hickory Circle, Ward #2
H. M. Cheshire, 738 Pinehill Drive, Ward #3
Claude Eason, 3236 Concord Circle, Ward #4
Vonnie Gilstrap, 992,Shirley Street, Ward #7
On motion by Homer Kuhl, seconded by Forster Puffe, the October 1, 1973 minutes were
approved as,submitted. Vote on the motion was unanimous.
On motion by Homer Kuhl, seconded by Arthur T. Bacon, the October 15, 1973 minutes were
approved as submitted. Vote on the motion was unanimous.
On motion by Homer Kuhl, seconded by Jack Miles, the October 27, 1973 minutes were
approved as submitted on a five to one vote. Marston Tuck abstained:
Repair or replacement of signs "Welcome to Smyrna" was referred to V. M. Broyles for
checkout and securing of bids if the estimates exceed $500.00.
Mayor John Porterfield and Finance Chairman Homer Kuhl reported on the meeting with a
'' representative of Burroughs Corporation in regard to replacement of the bookkeeping
machine which is twelve years old and not repairable. The new machine recommended by
Burroughs,; L 5000 with magnetic cards would cost $17,091-, plus cost of programming.
Councilman E. R. Coalson motioned the L 5000 be purchased and paid from Federal Revenue
Sharing Funds increment #2. Forster Puffe seconded the motion which carried five to one,
Marston Tuck opposed.
PAGE 195
(Continuation of November 5, 1973 meeting)
Mayor John Porterfield reported the unofficial opinion poll showed the citizens wanted
to keep the two year term as,it is at the presbnt time.
Mayor Porterfield reminded Councilmen of the Cobb Municipal Association dinner to be
held December 11, 1973, at the Marietta Country Club, wives invited, and asked'that all
1 notify City Clerk L. W. Charles at the next meeting who would attend in order that
reservations could be made.
A meeting of the street committee was set up for Tuesday P. M. after the planning and
zoning meeting.
On motion by JackrMiles, seconded by Forster Puffe, a hearing date was set for December
3, 1973 to consider rezoning property located at 3016 Atlanta Street from R-1 to District
'IQ". The vote was unanimous.
On motion by Jack Miles, seconded by Forster Puffe, December 3, 1973 was the date set
to consider rezoning property located at 3020 Atlanta Street from R-1 residential to
C-1 commercial.
The meeting adjourned at 9:04 P. M.
NOVEMBER 19, 1973
The regularly scheduled mid -month meeting of Mayor and Council was held at City Hall,
Smyrna, Georgia, on November 19, 1973, at 7:30 o'clock P. M. Mayor John C. Porterfield
presided. All Councilmen were present. Also present were: L. W. Charles, City Clerk,
Willouise Spivey, Asst. City Clerk, N. Proctor, Clerk, V. M. Broyles, Asst. Supt. of
Public Works, Leon Hood, Building Inspector, Joe Briggs, Consultant Engineer, and a
representative of the Marietta press.
Invocation was given by Councilman Homer Kuhl.
Mr. Judson M. Strickland appeared before Mayor and Council iri-reference to blocking of
the alley at 2968 Atlanta Street by construction trucks. Mayor J. C. Porterfield stated
he had been inccontact with the people blocking the alley and had informed them if they
were to continue their present operation they should ask for a zoning change to commercial
purposes.
There were no petitions for zonings or annexations.
Commercial building permits were submitted by building inspector Leon Hood and upon his
recommendations the following action is recorded.
(1) American Oil Company, 2711 South Cobb Drive, renovation of present structure. On
motion by Marston Tuck, seconded by C. 0. Candda, the permit was approved by unanimous
vote.
Building Inspector Leon Hood reported that to his knowledge no improvementshhad been
made at 877 Cherokee Trail by Mark Turner except brick wall ties hadA een installed above
the picture window; also, that Mr. Turner did not show up at the last hearing of Recorder's
Court. Mr. Hood further stated that Mr. Turner had informed him that Mr. Turner's attorney
had told him not -to accept further contempt of court warrants. It was recommended that
the building at 877 Cherokee Trail be condemned and 30 days be allowed to movedthe
structure or give Mr. Turner 30 days to bring the building up to the building code. No
action taken. It was further agreed the contempt of court order would be served on Mr.
Turner and that he be fined $200.00 per week until settlement is made. City Attorney
Berl T. Tate stated he would work with building inspector Leon Hood in reference to
Southern Building Code regulations.
It was recommended that the retainage fee due Nichols Contracting Company for work done
on Love -Concord be withheld until the fire plugs are realigned. Consultant Engineer, Joe
Briggs, stated they had received notice of release of liens against Nichols Contracting
Company on Love -Concord and South Cobb Drive, and there was very little left for Nichols
to do to receive the 10% retainer fee. It was estimated it would be two weeks before
Southern Bell and Electrovision completed their work on Love -Concord. It was reported
that all work on South Cobb Drive was two weeks behind schedule.
The following speed limits, in conjunction with recommendations from the Department of
Transportation, were adopted:
Smyrna City Limits (Brawners Hospital) to Spring Street: 45 miles per hour,
From Spring Street to Cherokee Street: 35 miles per hour,
From Smyrna City Limits (Spring Street to Bordeaux Apartments): 50 miles per hour,