11-18-1974 Regular Meeting283
(Continuation of November __4th Minutes)
the necessary action on Powder Springs; however, the ones on Atlanta Road belong
to the telephone company.
The meeting adjourned at 9:20 P.M.
*************************
November 18, 1974
The regularly scheduled mid -month meeting of Mayor and Council was held at City
Hall, Smyrna, Georgia, November 18, 1974, and called to order at 7:30 O'dlock P.M.
by presiding Officer Mayor John C. Porterfield. All Councilmen were present.
Also present were L. W. Charles, City Clerk, Willouise Spivey, Asst. City Clerk,
Bob Burchfield, Administrative Assistant, Nora Proctor, Clerk, Lee Silver, Director
of Parks and Recreation, J. E. David, Supt. of Public Works, Leon Hood, Building
Inspector, Donald Atkinson, Asst. Fire Chief, Joe Briggs, Consultant Engineer,
and representatives of the press.
Invocation was given by Councilman Homer Kuhl.
Under Agenda Item, Reports from Citizens, Mr. Bennett complained of rats running up
and down and across the street at South Cobb Drive and Ridgecrest - Property owned
by L. W. Boring. Mayor Porterfield stated he had contacted Mr. Boring and had been
told he would have a tractor in Monday to plow up premises; however, due to weather
conditions he apparently had been unable to have this done. Until this can be
accomplished, J. E. David was requested to distribute rat posion on the premises.
Marston Tuck stated there were other parts of the City where rats should be
eradicated. Jerry Mills stated that 300 pounds of rat posion had been purchased
and stated that Jack Eudy should be informed of any property where it should be
distributed.
A citizen living on Carolyn Drive complained of "egg throwing" and stated the paint
job on her car had been ruined. It was reported that "egg throwing" in the Carolyn
Drive, Spring Drive and Springcreek Place areas over the week -end was the worst
it had ever been and policemen were working in the area, and did wake several
residents asking that they wash their cars to preserve the paint.
City Attorney Berl T. Tate was requested to have George H. Kreeger set up a meeting
with D. 0. T. Officials the first part of December in order to get certain streets
paved.
I Mr. Jim Oates, President of the Georgia Recreation and Parks Society, presented to
Councilman C. 0. Canada a Recognition -Lay Award on behalf of an outstanding job
done in Parks and Recreation for the City during the past sixteen years. Mayor
Porterfield also congratulated Mr. Canada.
Annexation of approximately six acres of land in Land Lots 846, 847, 880 and 881,
submitted by George Desern, owner of the property, was the next item of business.
The property is located at the intersection of Hargrove Road and Spring Rdad. On V
motion by Forster Puffe, seconded by Marston Tuck, the property was annexed as
requested and made a part of Ward A. The vote was six for the annexation, C. 0..
Canada,was away from the Council table.
Annexation of property located in Land Lot 381, 100' x 328', Concord Road to Smyrna
Hill Drive and Sherwood Road, for a westside fire station, wasi,gpproved on motion by°
Marston Tuck, seconded by Forster Puffe, and made a part of Ward V . Vote on the
motion was unanimous.
A zoning hearing was held on property located at 955 Concord Road, requested by
J. T. Hicks, from F-C to L-C, for the purpose of a Day Care Center. A discussion
followed on traffic hacking up on Concord Road, driveway for the center, number of
children per square foot, and state approval before business license is issued, also,
usage of the present structure. Three persons appeared in opposition to the day
care center, because of note, traffic conditions and usage of present structure.
After further discussion, Earle Cochran motioned that the request be approved,
restricted to a day care center, with a minimum of a 20' driveway. The motion was
seconded by C. 0. Canada and the vote was six to one, Homer Kuhl opposed.
1 Mayor John Porterfield presended a Distinguished Service Award to Mr. Melvin Ivey
in appreciation for his outstanding service as a member of the Civil Defense Rescue
i service since 1966.
I
284
(Continuation- of Movember •18th• Minutes)i I-- ''
Sealed bids for one new police patrol car were opened, read and are recorded as
follows:
Jim Tidwell Ford, Kennesaw, Ga. $4,039.39
Beaudry Ford, Inc., Atlanta, Ga $4,117.87
Wade Ford, Atlanta, Ga. $3,928.00
Strother Ford, Marietta, Ga. $3,929.95
Carey Paul Ford, Decatur, Ga. $4,035.55
Earle Cochran motioned that Council accept the low bid of Wade Ford subject to
checkout to specifications. E. R. Coalson seconded the motion which carried by
unanimous vote.
It was reported that no one had been able to contact Mr. Wendell McMurrian in regard
to opening a restaurant and dance facilities at 715 Concord Road. Councilman Homer
Kuhl stated he would check into the report that Mr. McMurrian was already open
and in operation, and if true, they would be closed immediately.
On the Concord.,Road project it was reported there had been no approval by D. 0. T.,
the traffic signals were in.transit, installation of sidewalks should begin in
December, and there was no report on the status of mail boxes at the street.
Mayor Porterfield is to write the Postmaster about this.
On the Campbell Road area parking, it was reported "No Parking" signs had been
placed on Campbell Road from Atlanta Road to Argyle Road, and from Argyle Road
to Ann Road. The load limit signs had been ordered.
f
Forster Puffe read a letter from A & P Signal Company stating the cost of installing
a flashing overhead light at Campbell Road, heading west at Nancy Circle, would be
$875.00, and recommended this be done. Also, that a 25 miles "§trickly enforced"
sign be installed at the west end of Nancy Circle. These being recommendations of
A & P Signal Company. Mr. Puffe also recommended a flashing light at Evergreen and
Powder Springs at a cost of $495.00, as quoted by A & P Signal. Marston Tuck recommended
that the speed signs be installed on Campbell Raod and defer the flashing signal ._..-
until vascar is in operation in the City. Councilman Puffe.motioned that a flashing
overhead signal be installed at the intersection of -Campbell Road -and the most
easterly intersection of Nancy Circle. Jerry Mills seconded the motion. The motion
lost. Forster Puffe and Jerry Mills for; Marston Tuck, E. R. Coalson, Homer Kuhl,
Earle Cochran and C. 0. Canada against. Forster Puffe motioned that a flashing
overhead light be installed at Evergreen and Powder Springs ataa cost of $495.00.
The motion died for lack of a second.
Building Inspector Leon Hood stated that James Pressley had submitted his business
license for the driving range to Bob Burchfield. Mr. Pressley was not present;
however, Mr. Burchfield stated Mr. Pressley had indicated he would get the nets
repaired.
There were no commercial building permits to be brought before Mayor and Council.
A meeting was set for Thursday night, November 21, 1974 at 6:00 P. M. to discuss the
fiscal year audit with the auditors.
City Attorney Berl T. Tate asked Bob Burchfield to submit to him all information
pertaining to annexations for the 1974 House Bill as soon as possible.
Councilman E. R. Coalson brought up delinquent water and sanitation bills
due the City. Attorney Berl Tate stated he would give a ruling on cutting off
water to apartment, units Thursday night. Jerry Mills recommended deposits on
sanitation and water. Marston Tuck motioned a $30.00 deposit be required on all
houses. The motion died for lack of a second. Water and sanitation deposits were
deferred to the Thursday night meeting.
Lee Silver, Parks and Recreation Director, reported as follows:
(1) Opening night for "Arsenic and Old Lace" would be December 5th at Griffin
Middle School.
(2) He hoped that through Georgia Heritage Trust legislation, the City would
receive additional funds for the parks.
(3) Eight (8) firms had paid Mayes, Sudderth and Etheredge for plans for Phase 1
of the King Springs.Park.
(4) Response to the Senior Citizens program had been terrific. The Marietta -Cobb
Community Service Center had originally planned for 25 peals per day for Smyrna
citizens;.however due to the response had revaluated their program and allowed 35
285
(Continuation of November 18th Minutes)
meals per day for Smyrna. Since the average is 50 per day, Mr. Silver stated the
City would need to pick up the tab for 15 per day, the program to be reviewed
January 1, 1975. C. 0. Canada motioned that the City take care of the extra meals,
approximately $486.00,until January 1, 1975. Earle Cochran seconded the motion and
the vote was unanimous. The above amount to be charged to the Parks budget.
J. E. David reported that corrective action had been taken on the lift station
on Willowbrook Drive.
Councilman Forster Puffe stated that the Civic Center Committee recommended,
and be motioned, that the Mayor write a letter to the Cobb County Board of Education
advising them the City is no longer interested in the property on Ward Street for
a Civic Center, since the City does not feel it can comply with the restrictions
in the contract. The motion was seconded by C. 0. Canada and the vote was unanimous.
Bob Burchfield reported that a meeting had been held with officials of Cobb County,
sign company officials and the planning commission of the City 6f Marietta, with
reference to a sign ordinance. A second meeting was proposed for 10"+00 A. M.,
November 21, 1974. Mr. Burchfield stated that Austell, Powder Springs and
Kennesaw were also interested in this ordinance.
Financial reports were deferred to the next meeting.
Recommendations for City employees' welfare were to be propared and submitted
for the Thursday night meeting.
Ad Valorem taxes collected through November 18, 1974 was reported as $308,142.06.
Mayor Porterfield reminded Council that bid opening on King Spring Park would be
Saturday moaning at 9:00 A— M.
On motion by Homer Kuhl, seconded by Earle Cochran, the City Hall is to be closed
Thursday, Friday and Saturday in observance of Thanksgiving. It was decided that
a skeleton crew would,.be present,Firday and Saturday with compensatory time off.
Vote on the.motion•.was unanimous.
J. E. David reported that some of the manholes on Powder Springs Street had been
raised. Mayor Porterfield is to contact Southern Bell about those on Atlanta Street.
Leon Hood was requested to determine if he could get permission to tear down the
house at 1566 Spring Street.
Jerry Mills stated the School Board had agreed to reroute busses behind area of
Nelson Lane.
Earle Cochran motioned that Council accept bids at the next council meeting on
radio maintenance for police equipment. E. R. Coalson seconded the motion and the
vote was unanimous.
Earle Cochran reported the Police Department was having problems with one of the
Bonding Companies. Judge Reeves had been instructed to draw up a Judgement Absolute
against Akers Bonding Company. Earle Cochran motioned this be done and business
license suspended. Homer Kuhl seconded the motion which carried by unanimous vote.
Forster Puffe commended the officers involved in a shootout on November loth;
namely Officers Houston, LeRoy and McCollum.
Marston Tuck motioned that the seven stipulations in regard to fence set back for
Farmstead Condominiums be approved. C. 0. Canada seconded the motion and the vote
was unanimous. The list of stipulations are as follows:
AN AMENDMENT TO THE SET BACK PROVISIONS OF THE FARMSTEAD COMPLEX, AS THEY RELATE
TO THE NORTH SIDE OF SAID PROPERTY.
At a meeting with representatives of the four closest homes on Rollingview Drive
present (2 on each side of the street), and owners of six adjacent Farmstead units,
it was agreed to allow fences in the rear yard set back area of the Farmstead units
on the north side, as it backs up to the dead end of the Rollingview Dr. provided:
1. The fences can extend no further than 20' from the rear of the building into
the 60' buffer area, and gates may be included, but must have inside locks.
2. The fences are to be of western red cedar, exactly identical in construction
to those already erected on the east property line, adjacent to the park.
3. Fences must be to a common height of 6', said measurement starting at the level
of the concrete pad outside the rear sliding glass door and running upward66',
further provided that this same fence will extend all the way to the ground,
which will make some sections of fencing over 6' in total length. Also said
286
(Continuation of November 18th Minutes)
4.
5.
6.
7.
common height applies to rear and side sections of fencing, and once the commo"Ill
height of 6' is measured, all fencing must meet this common height line.
Fences must be installed within 60 days from erection of any permanent facilities.
(The intial units with patios "etc", must be fenced by January 1, 1975).
No structures, lamps, bird feeders, etc., may extend above the 6' height of
the fence.
No slope changes in the surronding ground area.
Within the fenced area, residents may only erect patios, decks, barbecue
grills, and other similiar facilities.
The meeting adjourned at 9:20 P.M.
*********************
W-0101
71,'MN�C. -PORTAERFIELD//)MAY01k
Marston Tuck, Councilman WARD #1
E ochran, Coucllman WARD #7
,- arada, C ncilman WARD ��5
December 2, 1974
/ ' c
L. W. CHARLES, CITY CLERK
Puffe, Counci4mWARD#2
C_-j6� /<::
Homer Kuhl, Cou ilman WARD #4
Elbert Coalson, Councilman WARD #6
The regularly scheduled meeting of Mayor and Council was held pursuant -to the Charter
at City Hall, Smyrna, Georgia, December 2, 1974 and called to order at 7:30 o'clock
P. M. by presiding officer John Porterfield. All Councilmen were present. Also
present were L. W. Charles, City Clerk,_Willouise-Spivey,.Assistant City 'Clerk; Bob
Burchfield, Administrative Assistant, Nora Proctor, Clerk, Lee Silver,'Parks and
Recreation Director, Vic Broyles, Asst. Supt. Public Works, Leon Hood, BuildinglIn-
spector, Joe Briggs, Consultant Engineer and representatives of the press. James E.
David was on vacation.
Invocation was given by Councilman Homer Kuhl, followed by the Pledge of Alleginace
to the Flag.
Colonel E. D. Underwood and Capt. Jimmy Walsh, of the Georgia Army National Guard,
presented an areial photo of Smyrna, taken by the 159th Company of Dobbins Air Force
Base, to Mayor and Council. Mayor Porterfield thanked Colonel Underwood and Capt.
Walsh for the photo stating it would certainly be used.
Mr. Robert Haller of Avondale Estates appeared before Mayor and Council in regard
to an appeal from Recorder's Court decision and payment of fine of $25.00. Mr. Haller
stated he had been permitted a second hearing with witness. Mr. Haller was originally
charged with "failure to stop at a stop sign"; at the second hearing Judge Reeves
charged him with "failure to stop at an inter§ection". Mr. Haller contended his
letter to Mayor John Porterfield dated October-11;T'should be considered as an appeal
to appear before Mayor and Council, however, he also admitted he had been informmed
of the proper procedure to make an appeal. Since Mr. Haller stated in the letter he
did not wish to continue an appeal but left the case in the hands of Mayor and Council