11-06-1972 Regular MeetingPAGE 109
NOVEMBER 6, 1972
The regularly scheduled meeting of Mayor and Council was held pursuant
to the Charter at•:Ci-ty, Hall, Smyrna, Georgia, November 6, 1972 and
called to order at .7:30 o'clock P. M. by presiding officer Mayor
John C.-Porterfield. All Councilmen were present. Also present were:
City Clerk L. W. Charles, City Attorney Berl T. Tate, Fire Chief
C. C..Porterfield, Building Inspector Leon Hood, Public Works Superintendent
J. E. David, Asst..Public Works Supt. V. M. Broyles, Clerk Nora Proctor,
and a representative of the Marietta Journal and WBIE.
Invocation was given by Councilman Homer Kuhl.
!! . i. e• I • , . •,n
Sherry Livsey representing the Citizens Rose Garden Hills Community
and Hugh Grogan representing the Black Youth Action Committee of
Cobb County, read petitions addressed to City Council regarding what
they considered an inadequate investigation by the City in the alleged
beangs„of Stanley,Kelly`,.and Michael Evans, and made certain demands
of Mtiayor end Council.. Approximately fifteen black citizens appeared
at the Council Meeting. Mayor John C. Porterfield stated the City
had no objection to the D. 0. I. making an investigation and that the
full Council would meet as a committee to respond to the requests
made by the group.
Annexation and sanitary sewer facility for four buildings on Concord
Road (Dr. W. T. Williams) was dropped from the agenda. The property
was not annexed because the cost of sewerage to the area would be
exorbitant.
ZONING HEARINGS:
(1) A zoning hearing was held on property located at 668 Cherokee Road,
Attorney Charles Cole represented the petitioner Lewis Day and presented
a plat showing the proposed changes. There was no opposition to the
zoning. On motion by Homer Kuhl, the zoning was approved as advertised
from ,District "C" to.C-1restricted to a professional type office
building with semi-cicular one way drive in front of the structure.
The motion was seconded by Marston Tuck and voted unanimously.
(2) A zoning hearing was held on property located at 890 Cherokee Trail,
R-1 to"C-1. Eleven.citizens appeared in opposition to the zoning
_stating it_; would detract.from the residences, cause a traffic hazzard,
and there would be insufficient parking. On motion by E. R. Coalson,
seconded by Jack Miles, the zoning was denied. Vote onthe motion was
unanimous.
(3)_,, ,A ,zoning was, held :on property located at 940 Cherokee Trail, from
R ,1 _to The ,petiti_gn..opposing the zoning at 890 Cherokee Trail
included opposition to this property being rezoned. On motion by
E. R. Coalson, seconded by Marston Tuck, the zoning was denied.
Vote on the motion was unanimous. '
(4) A zoning hearing was held on property located at 1061 Concord Road
from District "C" to C-1 for an auto parts shop. W. B. Sanders appeared
in opposition. Councilman Homer. Kuhl motioned the zoning be denied.
The motion died for lack of a second. Mayor John C. Porterfield
recommended the request be withdrawn and resubmitted with plans for
the proposed shop. Homer Kuhl restated his motion to deny, which
was seconded by Jack Miles. Ralph D. Bryant withdrew his request for
the rezoning. The motion and4secona was also withdrawn.
(5) ,A zoning•hearing;was.,held on property located at 2750 Hargrove Road
from R-1 to-C-1. Mr. J. L. Brown stated a liquor store was proposed
with required changes in the present structure. Marston Tuck motioned
the hearing be tabled until plans showing changes could be submitted.
The motion died for lack of a second. Arthur T. Bacon moved the zoning
be approved from,.R-1 to_C-,1. The motion was seconded by Forster Puffe
and carried four to three. Voting for the motion: Arthur T. Bacon,
Forster Puffe, C. 0. Canada and Jack Miles. Voting against the motion:
E. R. Coalson, Marston -Tuck and Homer Kuhl. Mayor John C. Porterfield
reada letter from,Jack L..,Kendrick, Assistant County Engineer, in
regard to four'-laning Hargrove Road from Spring Road to U. S. 41
which requested that developers be required to install 6"x24" concrete
curb and gutter 24 feet from the centerline of Hargrove Road and to pave
the widened area;
i
PAGE 110
(Continuation of November 6, 1972 meeting)
alsogto require that developers dedicate sufficient additional right-
of-way to obtain an overall 60 foot width. Mr. Brown agreed to these
requirements.
(6) Attorney Fred Bostick represented petitioner G. W. McCurdy on a
zoning hearing on property located at 2279 Benson Poole Road from
District "C" to C-2. Mr. Bostick stated the structure would be
converted for a. funeral home and submitted plans showing sufficient
parking. There was;no•oppo•sition to the zoning. Homer Kuhl moved the
property be rezoned from "C" to C-2 as advertised for a funeral home and
related operations, with the stipulation that 10 feet of land be
deeded to the City for the widening of Benson Poole, if needed.
Jack Miles seconded the motion and the vote was unanimous.
I„
Item 10 of the Agenda, Hearing on Application - Retail Liquor and Wine,
was deleted.
Commercial building -permits -were submitted by building inspector
t'eon`hAd•"and upon`his,recommendations the following action is recorded:
(1) Smyrna Containers, 1794 Corn Road, 46'x58' addition for warehouse
space. Approved unanimously on motion by Jack Miles, seconded by
Homer Kuhl.
(2) Shell Oil Company, South Cobb at Pat Mell Road, addition of
storage room, 10'x26'' to rear of Barrow Shell Station, paneling in
sales room and canopy over pumps. C. 0. Canada motioned the permit
be approved. The motion was seconded by Homer Kuhl. Forster Puffe
amended the motion as follows: "that the material used in the addition
be the same as the existing building". The amendment was seconded by +"
Arthur T. Bacon. Vote on the amendment and motion was unanimous. ,
(3) Lewis Day, 668 Cherokee Road, 24 sq. ft. lighted sign. Approved
unanimously on motion by C. 0. Canada, seconded by Jack Miles.
Mr. Carl R. Lehman of Horne and Associates appeared before Mayor and
Council with tentative layout plans for condominiums to be erected on
the MacKenna property, Spring and Rollingview, adjacent to Jonquil Park.
' Due-to'the many §tipulAtions,placed on the property at the time of
zoning to multifamily, Mr. Lehman requested Council recommendations
and opinions on the plans prior to final plans being drawn. Council
requested that shrubbery be planted as a buffer at the rear and end of
the property. --
City Attorney Berl T. Tate stated it would be approximately ten days
before all deeds were completed on the Atlanta Street project. Councilman
Forster Puffe called a meeting of the Street Committee for November
16, 1972 ' at 7 :30 o'clock 'P•. M.
Concultant Engineer George Hardy Reported that revised cost estimates
had been mailed to the Department of Transportation on the South Cobb
utility project. Mayor Porterfield read a letter from the Department of
Transportation in regard to the estimate of $64,420.50. Enclosed with
the letter was an agreement and resolution to be executed by the
City of Smyrna and "returned to the state office. On motion by Marston
Tuck, seconded by E. R. Coalson, the resolution was adopted and
Mayor John C. Porterfield and City Clerk L. W. Charles were authorized
to sign the agreement.
Mr. William L. Brown appeared before Mayor and Council in regard to
zoning df propert:�`dt"960 Powder Springs Street for a Day Care Center.
Mayor J. C. Porterfield told Mr. Brown it would be necessary that he
secure the signatures of all residents within a 300' radius of the
property stating they did not object before any action could be taken.
Oii-motion by Marston Ttick-eeconded by Homer Kuhl, it was agreed that
specifications for a new car for the Fire Chief would be re -drawn and
bids would be requested for opening at the November 20, 1972 meeting;
the envelopes to be clearly marked "Sealed Bid" and mailed to City Clerk
L.' W.'Chdtles. There -was some discussion.as to whether the bids should
bd'sent-to Ford dealers only or to all dealers in the area. The final
decision was left to the committee. Vote on the motion was six to one,
ForsterrPuffe opposed. �,e
PAGE 111
(Continuation of November 6, 1972 meeting)
A meeting on the -Future Land Use Study with the Planning and Zoning
Board and Mr. J. P. Kidd was set for Thursday, November 9, 1972.
The Planning and Zoning Board members are to be notified by City Hall
personnel to appear at 7:00 P. M., thirty minutes prior to the meeting
with Mr. Kidd.
Councilman C. 0. Canada stated that a representative from the Georgia
Parks and Recreation Division was working with Mr. Bill Trail and
the Smyrna Parks and Recreation Commission; however, he had no progress
report -at this time.
Councilman Jack Miles reported a very successful Centennial week and
thanked the Mayor and other Council Members for their attendance at the
Centennial events. Mr. Miles stated a meeting would be held on November
21 or 22 with the committee and he would be in a position to give a
complete report on the Centennial at the December 4; 1972 Council Meeting.
Police Chairman Jack Miles stated he had met with Chief Drake and the
committee and all were in favor of the ROTC groups using the city dump
as a firing range under the conditions outlined in the letter from
Julian E. Buckner, Director of Army Instruction, with two restrictions
as follows: (1) they must submit a schedule of when they will be
usinthe range,•(2)•a•small sign must be posted in the road when
they are using the range. A motion that the ROTC be allowed to use the
dump as a firing range per the conditions outlined in Mr. Buckner's
letter, plus the two restrictions, was made by Jack Miles. The motion
was seconded by Forster Puffe and voted unanimously. Mayor Porterfield
requested Mr. Miles to notify Mr. Buckner of Council decision in
addition to all others -who use the area.
Finance Chairman Homer Kuhl commenting on the September financial report,
stated one item in the sanitation department was still out of line with
the budget; however;'this'was in the process of being corrected.
Mr. Kuhl commended the chairmen and department heads for doing a good
job in staying within their budgets.
On motion by Forster Puffe', seconded by Homer Kuhl, the October 2, 1972
minutes were approved as submitted and corrected. Vote on the motion
was unanimous.
On motion by Homer Kuhl, seconded by Arthur T. Bacon, the October 16, 1972
minutes were approved as submitted. Vote on the motion was unanimous.
On motion by Homer Kuhl, seconded by Forster Puffe, the 1973 Business —,
License fees were approved as submitted and corrected. Vote on the
motion was unanimous. The corrections are as follows:
3100 Delete
1120 Add (each unit)
1140 —Delete (liability insurance as required in Chapter -23 City Code)
1880 Delete (agent)
2125 Change rate to $75.00
2460 • Delete -(service) Add (per rental Unit)
4315 Add (moving and wrecking) •
5240 Delete (pool table)Add (Pool or billiard halls)
5350 Add ($1,000 basic fee, plus 1% up to $500,000.00 gross sales)
2520 On motion by Forster Puffe, seconded by Arthur T. Bacon, the
following was added to 2520. "Churches operating a nursery
or kindergarten for their own members are exempt from this fee". •�
Vote on'the'motion-was unanimous.
City Attorney Berl T. Tate was requested to check the Business License
Ordinance to determine if a penalty clause should be added.
The committee was requested to study the Business License Ordinance
in regard to churches operating -regular commercial enterprises outside
the,congregation and come back with a recommendation -at the next meeting.
The Mayor, All Council Members, City Clerk and City Attorney stated
they would attend the annual Cobb Municipal Association banquet to be
held December 7, 1972 at Ramada Inn.
PAGE 112
(Continuation of November 6, 1972 meeting)
On motion by Jack Miles, seconded by Homer Kuhl, the changes as
requested by the Department of Transportation for the traffic signal
at Hargrove Road and the 4-Lane were approved, the forms were signed, and
resubmitted to the state office. Vote on the motion was unanimous.
Mayor J. C. Porterfield read a letter from the Georgia Municipal
Association requesting a NO vote on the Constitutional Amendment
listed as #19 on .the b.allat:.for November 7.
Jack Miles requested Council approval of the purchase of 500 Centennial
Brochures at $2.00 each for distribution to libraries, schools and
municipalities over the state. Approval was granted on motion by
.Jack,Miles, seconded.by Forster Puffe. The vote was unanimous.
Forster Puffe requested approval of the purchase of twenty-five fire
extinguishers and thirteen first aid kits to be placed in the trucks
for the various departments at a cost of $250.30, and submitted a list
showing the number for each department. Mayor J. C. Porterfield stated
this could be handled under the departmental budgets.
Forster Puffe also requested in the form of a motion that four first
aid films -be purchased at,a.cost of $250.00 to be paid from the
Contingency Fund. The motion was seconded by Homer Kuhl and voted
unanimously. (The films to be purchased if they cannot be borrowed.)
Homer Kuhl stated the October Library report showed a total of
21,983 volumes and a circulation of 3,548.
City Attorney Berl T. Tate reported that on October 12 he received
acknowledgement of materials sent to the Department of Justice of
Smyrna ward realignment.
A quit claim deed to eleminate a reverter clause in deed of E. C.
Pritchett (1948) was referred to Marston Tuck for recommendations at
the next meeting.
Copies of the new Traffic Code were distributed.
Meeting adjourned at 10:06 P. M.
**************************************************
,NOVEMBER 20, 1972
The regular meeting of Mayor and Council was held pursuant to the
Charter at City Hall, Smyrna, Georgia, November 20, 1972, at 7:30
o'clock P. M. and called to order by presiding officer Mayor John C.
Porterfield. All Councilmen were present except Ward #3 Councilman
Arthur-T. Bacon. Also present were: L. W. Charles, City Clerk,
D. Scott Jackson, Asst. City Clerk, Berl T. Tate, City Attorney,
Leon Hood, Building Inspector, N. Proctor, Clerk, V. M. Broyles,
Asst. Public Works Supt., C. C.,Porterf ield, Fire Chief, Donald 0.
Atkinson, Asst. Fire Chief, Dick Willis, Consultant Engineer, and a
representative of the Marietta Journal and WBIE. J. E. David was
on vacation.
Invocation was given by D. Scott Jackson.
Mr. Ronald L. Williams appeared before Mayor and Council in regard to
removal of a house located at 940 Cherokee Trail and black topping the
lot, --without zoning•,. for .the purpose of a temporary unmanned drive-
in facility and parking area for Smyrna Federal Savings and Loan
Association. City Attorney Berl T. Tate stated that parking areas
were not described in R-1 zoning provisions. After further discussion,
it was the consensus of Mayor and Council that any area used by a
--business for parking becomes a part of the business property,
therefore, Mr. Williams' request would be prohibited until the zoning
is changed.
Mayor John C. Porterfield stated he had been approached by officials
of Smyrna Federal Savings and Loan Association relative to adding
two stories to the present structure and reminded Council that the
present zoning height is 35 feet maximum. The Mayor appointed a
committee composed of Homer Kuhl, Chairman, Marston Tuck andk_