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June 4/18, 1973 Mayor and Council Meeting PAGE 162 JUNE 4. 1973 Mayor and Council was held pursuant to the on June 4. 1973, and called to order at John C. Porterfield. All Council Members Ward #1. Also present: L. W. Charles, City rk. J. E. David. Supt. Public Works, N. neer. and a representative of the Marietta Tuck arrived at 8:08 P. M.) Invocation was Councilman Homer Kuhl. Under Item One the Agenda. Citizens Reports. Mr. Mark Turner appeared before extension of time to complete the house he moved ed he had problems with his partner on getting he could be given an extension the house would t by July 1. It was the opinion of Members of Council sufficient time to complete the house; since he did 30. Councilman Jack Miles motioned that Mr. Turner considerable work had been done at the end of before Council on June 18 and request another The motion was seconded by Forster Puffe and he motion. Jack Miles. Forster Puffe. Arthur t the motion E. R. Coalson and C. O. Canada. ted to make a daily check on the progress be ready that Mr. promise t be given a 14 the two weeks and Council with a request that the City help Track meet for her son Warner Brown who had won ump. Mayor Porterfield explained to Mrs. Brown on record as a body in granting this request; he would ask for donations. MEMO: $75.00 was Mike T. Gloyd before Council in an appeal from Recorder's Court license). docket #16196. held May 16. 1973. . Mike~T. Gloyd. Officer M. G. McCullers and ted that two weeks prior t<:>~the ticket referred topped by Officer McCullers and at that time stated he did not Trail, from R-l to J. C. P<:>rterfield also the hazardous okee Road. There was C-l unanimous re- property, PAGE 163 (Continuation of June 4, 1973 meeting) read. They stated they did not object provided: (1) The proposed zoning be accomplished with all setbacks. buffer zones and other stipulations as provided by the City of Smyrna Zoning Ordinance, (2) Providing the property owner agrees to leave the majority of the trees that presently serve as a buffer between the adjacent residential property and said property proposed for rezoning, (3) Provided that the property be zoned for no other use than that as applied for in this instance. Mr. Nix stated there would be at least a twenty foot buffer of trees at the rear of the a six foot fence on the Marston Street side and five foot fence around the ;f the property. On motion Marston Tuck, seconded by E. R. Coalson, the property was rezoned from District commercial to C-2 commercial for the storage of equipment with a six foot fence on the Marston Street side with no trees removed and the remainder of the area enclosed by a fence as per plans and specifications submitted. Vote on the motion was unanimous. On motion by Jack Miles, seconded by C. O. Canada. July 2. 1973 was the date set for consideration of rezoning property located at 1210 Sunset Street from C-l electrical contractor to C-l day care center. Vote on the motion was unanimous. A petition was submitted by Martin Elliott Spatz to annex approximately 10.37 acres of land located in Land Lot 305. next south of Hickory Acres Drive. into the corporate limits of the City of Smyrna. Mr. W. D. McGrath. representing Mr. . told Council that if the land was annexed he would request that it be zoned for condo- miniums. Dick Rubin, Ralph Grady and Charlie Cole of the Hickory Acres subdivision opposed the annexation. Sewerage and drainage was discussed; however. Mayor J. C. Porterfield reminded Council this request was for annexation only. On motion by Forster Puffe, seconded by Jack Miles. the property was annexed as requested and made a part of Ward #5. Voting for the motion, Forster Puffe, Jack Miles. Arthur T. Bacon and Marston Tuck. Voting against the motion, Homer Kuhl, E. R. Coalson and C. O. Canada. Councilman Arthur T. Bacon was excused from the meeting at 9:05 P. M. On motion by Forster Puffe, seconded by l~rston Tuck, July 16, 1973 was the date set for a zoning on the property just annexed in Land Lot 305 from R-15 residential to R-2 condominiums. Vote on the motion was unanimous. On motion by Forster Puffe, seconded by Marston Tuck. July 16. 1973 was the date set to consider rezoning property located at 196 Pat Mell Road from R-l residential to District "c" commercial. Vote on the motion was unanimous. Petitioner. Harold C. Miles. There ware no commercial building permits. There was no report on the Atlanta Street widening project. It was reported that the contractor had begun work on South Cobb four laning on May 30, 1.973. The contract was reported signed on Love-Concord and moving of utilities was in pro- gress. Mayor J. C. Porterfield stated he would contact the state in regard to traffic signals at various intersections while construction is underway on South Cobb Drive. Public Works Supt. J. E. David reported the contract for resurfacing Church Street. Powder Springs and Highland Drive had been awarded to C. W. Matthews Contracting Company and work shou1.d begin next week. Two bids on one new police car were received arid read in Council meeting and are recorded as follows: Wade Ford. Atlanta, Georgia Friendly Ford. Decatur, Georgia $ 3617.83 $ 3787.96 On motion by E. R. Coalson. seconded by C. O. Canada. the bids were referred to the police committee with authority to accept the low bid of $3617.83 if it met all specifications. The vote was unanimous. PAGE 164 (Continuation of June 4. 1973 meeting) On the recommendation and motion by Marston Tuck, the contract for two sirens for Defense was awarded the low bidder Jack Cocke and Company. Inc., Doraville. Federal STH10A Siren - 208 v Complete $1.113.60. and (1) Federal 240 v Complete $1,465.47; and installation of the sirens, one at one at the Fire Station. was awarded to Ledbetter Electric $539.50 each or a total of $1,079.00. The motion was seconded by and the vote was unanimous. Mayor J. C. Porterfield read a letter from Mayes. Sudderth and Etheredge recommending the contract for the Spring Drive Sewer Outfall be awared to the low bidder J. E. Lovern Construction Company. On motion by Marston Tuck, seconded by C. O. Canada, the bid was awarded the J. E. Lovern Construction Company in the amount of $15,503. Vote on the motion was unanimous. Consultant r Dick Willis stated the paper work on the Fleming Street sewer line was st the hands of the Water Quality Control Board; therefore, no date could be set for opening of bids. Chairman of the Civic Center Committee, Forster Puffe, stated he would have a report at the next meeting. There was no report from the Parks and Recreation Committee Chairman. Councilman Marston Tuck reported that final plans for the Eastside Fire Station should be completed by the next meeting. City Attorney Berl Elementary School through story on this. old records. minutes the land on Church Street where the old Smyrna was in the1\name of the school board - but not by deed; law. or some other means. However. he stated he had no was referred to Councilman Homer Kuhl for checkout of of school board meetings. or old county records. There was no further report on the Norseman Apartments sewer tap-on fees. Finance Chairman Homer Kuhl stated two departmental budgets had been submitted to him and others were expected to be ready by the end of the week. Mayor J. C. Porterfield stated the ad valor~rn tax could not be determined until a print out of the digest is received from the county. On motion by Forster Puffe, seconded by Jack Miles. the min approved as submitted and corrected. Vote on the motion 1973 were On motion by C. O. Canada. seconded by Homer Kuhl. the minutes 21. 1973 were approved as submitted and corrected. Vote on the motion was unanimous. Those who stated they could attend the Cobb County Municipal Association meeting on June 12 were: Homer Kuhl. Forster Puffe, Marston Tuck, J. C. Porterfield and L. W. Charles. In other action. the Council; Requested J. E. David to checkout driveways at Smyrna Auto Parts. Concord and Hollis, and report at the next meeting on recommendations. Mayor J. C. Por attending all Pl to the attention of all Councilmen the importance of ng meetings, the next one to be held June 5, at ~7:30 P.M. Requested City Attorney Berl T. Tate to give a ruling at the next meeting in regard to the $2.00 apartment unit charge on Business License Schedule of Fees. Approved Gean Barden to fill the vacancy from Ward No. 4 on the Library Board on motion by Homer Kuhl. seconded by C. O. Canada. The vote was unanimous. The meeting adjourned at 9:55 P. M. **************************** 165 JUNE 18. 1973 The regularly scheduled mid-month meeting of Mayor and Council was held at City Hall. Smyrna, Georgia. on June 18. 1973~ and called to order at 7:30 o'clock P. M. by presiding officer Mayor John C. Porterfield. All Councilmen were present. Also present: L. W. Charles. City Clerk. Willouise Spivey, Asst. City Clerk, J. E. David. Supt. of Public Works~ N. Proctor. Dick Willis. Consultant Engineer. and a repre- sentative of the Marietta press. Invocation was by Councilman Homer Kuhl. The first order of business was a zoning hearing on property located at 675 Cherokee Road. from District "c" to C-l, groom:Lng shop. Owners of the South Cobb Pet-A-Torium grooming shop stated they were interested in buying the property for the purpose of a residence and grooming shop if the zoning was approved. They also stated an additional room would be added and treated for sound and there would be no onver boarding of dogs. On motion by Forster Puffe, seconded by Arthur T. Bacon. the zoning was approved from District "c" to C-l. restricted to a grooming shop, per plans submitted. Vote on the motion was unanimous. A zoning hearing was held on property located at 1138 Concord Road from District "c" to C-l. for a Day Car~ Center. Mr. and Mrs. Floyd McArthur appeared before Mayor and Council to answer any questions and submitted a petition signed by residents wihhin 300 feet of the location stating they did not object. The McArthur's also submitted plans showing additions and changes for the proposed Day Care Center. On motion by Forster Puffe. seconded by Homer Kuhl. the property was zoned as advertised from District "c" to C-l. restricted to a Day Care Center, per plans and specifications submitted. Vote on the motion was unanimous. A request for a residential permit for the Byers family. 2564 Glendale Circle. for a home service business was deferred since the applicant was not present. In the absence of building inspector Leon Hood due to illness. City Clerk L. W. Charles submitted application by Alan Argo for neon signs to be erected at Jonquil Package Store, 1669 Love Street Extension. Councilman Jack Miles motioned the permit be issued since the signs must meet state specifications. The motion was seconded by C. O. Canada. The vote was six for the motion. Arthur T. Bacon. abstained. Councilman Homer Kuhl reported he had not had an opportunity to meet with the street committee to inspect the side entrance to Smyrna Auto Parts. Concord Road and Hollis Street; however. this would be done prior to the meeting ~f Council. Wednesday night, June 20. and Mr. Ralph Bryant would be notified of Council decision. Councilman E. R. Coalson reported a great deal of work had been completed on the house moved to Cherokee Trail by Mr. Mark Turner since the 1ast Council meeting. Mr. Turner was:-also present and stated the house would be ready for occupancy by the end of the month. There was no report on Atlanta Street widening project. having of South Cobb Drive was reported in progress (slow). with several water lines broken. It was reported that work had been materialS; however. this had been week-end. on Love-Concord due to lack of certain and work should get under way by the Church Street paving was reported as being complete. check on work stoppage on Powder Springs Street. J. E. David was requested to Hearings on acoholic beverage license were held before Mayor and Council and the following action is recorded: (1) J. D. Daniel, Eddie's Package Store, Jonquil Shopping Center - Beer Councilman Arthur T. Bacon moved the application be approved. Councilman Forster Puffe recommended the license not be approved unt~l 1: . ~ acquisition of on ~:t.s property on Atlanta Street had been settled. C4ty ~ Attorney Berl )? AGE :L66 (Continuation 0;1; June 18. 1973 meeting). ruled there was no connection between the two issues. Forster Puffe moved ation be tabled unti1 the next The motion was seconded by Homer motion to table 10st three to four. for the motion. Homer Kuhl. son, and Forster Puffe. Voting against the motion. C. O. Canada. Arthur Jack Miles. and Marston Tuck. The original motion by Arthur T. Bacon to the application was seconded by C. o. Canada and passed four to three. Voting for approval, C. O. Canada. Arthur T. Bacon. Jack Miles and Marston Tuck. Voting against the motion. E. R. Coalson. Forster Puffe and Homer Kuhl. (2) W. R. Co01ey. Legion Post 160. Pine Street The application was appr on motion by Arthur The vote was six to one. r Kuhl. opposed. Liquor (Pouring). T. Bacon. seconded by C. O. Canada. S. A. Camocho. Tenneco Food Store, 902 Cherokee Road - Beer and Wine (Package). roved on motion by T. Bacon, seconded by Forster Puffe. The vote was four to three. Voting for motion. Arthur T. Bacon. Forster Puffe. Jack Miles and C. O. Canada. Voting against the motion Homer Kuhl. E. R. Coalson and Marston Tuck. (4) S. A. Camocho. Tenneco Food Store. 1166 Concord Road Beer and Wine (Package). Approved on motion by Arthur T. Bacon, seconded by Forster Puffe. The vote was six to one. Homer Kuhl opposed. (5) S. A Camocho. Tenneco Food Store. 2610 Four Lane Highway - Wine (Package). Approved on a six to one vote on motion by Arthur T. Bacon. seconded by Forster Puffe. Homer Kuhl opposed. Mr. Joe McHarg reported that final plans for the new fire station should be ready by the July 2. 1973 meeting. The following meetings were set up for Wednesday night, June 20: 6:00 P. M. 6:30 P. M. 7:00 P. M. 8:00 P. M. Merit Board Meeting. interviews for Lt. positions. Committee Members to review new fire station plans. Final meeting and approval of 1973-74 budgets. all departments. Civic Center meeting. Porterfield stated he had been contacted by the Cobb County School Board he Smyrna Elementary Scho01 building but the proposed Civic Center site ioned. Mayor Porterfield further stated he would contact the superintendent ning in order to have a report at the Wednesday night meeting. Puffe reported that Mr. Wayne Escoe from the state office and Mr. from the county office attended the last Parks and Recreation meeting and that Smyrna hire a Parks Director. and both indicated they would could. Mayor J. C. Porterfield also reported Mr. Escoe had called send recommendations from the state office within. the next help in any way him stating he thirty days. On the recommendations of Consultant Engineers. Mayes. Sudderth and Etheredge. and one motion by Homer Kuhl. seconded by Marston Tuck. the Spring Drive sewer outfall bid was awarded to J. E. Lovern Construction Company in the amount of $15.503. (The agreement to be signed by Mayor and Council immediately following this meeting.) On motion by Fors for the 1973 mee fe, seconded by Arthur T. Bacon. authority was granted to Street sanitary sewer line. the bids to be opened at the ote on the motion was unanimous. City Attorney Berl T. the City would expect on or before July 2. Homer Kuhl st regard to the Tate was requested to write Mr. Quinton King informing him payment of the $2.00 per apartment unit business license charge otherwise court action would be necessary. Councilman contact the new owners of Smyrna Springs Apartments in per apartment unit. Mayor J. C would be appointed to the C. M. A. night meeting. the new car for the police department should be de- ed the car #14, a 1972 Ford with 93.679 miles, be sale of car 1f.14 to be opened at the July 16. 1973 meeting. Marston Tuck and voted unanimously. PAGE 167 (Continuation 18~ 1973 meeting) Smyrna.. to Jack Miles, Consid- T. Kuhl people who give of bondsmen. Smyr~a.to Provide by Jack Miles. 1. 1973. to work together in the City; the Homer Jack Miles an application would show . all Councilmen~ A. Convention the on motion by read by unanimous Mountain. Clerk L. W. Charles June 24-27. Trail" Bike Way Concept was , seconded by Jack Miles, The bike way concept would would stated he the pools like to see their small Meeting adjourned at 9:03 P. M. **********1<**************1<**