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August 6/20, 1973 Mayor and Council Meeting PAGE 176 AUGUST 6. 1973 The at C P. M. schedule meeting of Mayor and Council was held pursuant to the Charter. . Smyrna, Georgia on August 6. 1973. and called to order at 7:30 o'clock by presiding officer Mayor John C. Porterfield. All Council Members were present Counc Kuhl from Ward #4 who was on vacation. Also present were: L. W. Cit Berl T. Tate. City Attorney. N. Proctor. Clerk. J. E. David. Supt. of Public B~oyles. Asst. Supt. of Public Works. Leon Hood. Building Inspector. Dick Itant Engineer.sand a representative of the Marietta Press. Asst. City Clerk Willouise Spivey was absent due to illness. Invocation was given by Councilman E. R. Coalson. Under Agenda Item No.2. Citizens Reports. W. A. MacKenna appeared be~Dre Mayor and Council regarding a drainage problem on Spring Street. Mayor John C. Porterfield in- formed Mr. MacKenna that due to several priority ects this summer an answer was not available at this time; however. the matter be checked out and he would be given an answer within the next four weeks. Mr. Ha~old Davis spoke on behelf of the Volunteer Fire Department for the City. Council- man Marston Tuck moved that Council near from the Volunteer Fireman at this time. (The Council had voted at the last meeting to table al,motion to disband the Volunteer Fire Department immediately.) Mr. Davis confirmed there was no person in the Volunteer Fire Department who had invested in the Fireman's Retirement Fund; however. Mr. Davis stated this opportunity would not be available until September 1. 1973. and at that time some of the members did plan to invest in the retirement program. No one seemed to know what records, qualifications. years of service. etc. were required to enroll in the program. Mayor John C. Porterfield requested Asst. Fire Chief Donald Atkinson to fur- nish him with this information in writing. and further stated he was in favor of con- tinuing the program only men who were eligible to participate in the retire- ment program. Councilman Puffe motioned that the matter be tabled again until information requested by r was available. The motion was seconded by Council- man C. O. Canada which ca on a four to two vote. E. R. Coalson and Marston Tuck opposed. A zoning was held on property located at 1559 Roswell Street from R-l residential to District commercial. There was no opposition to the rezoning. On motion by Arthur T. Bacon. seconded by Jack Miles. the property was rezoned from R-l to Distrxct "c" as advertised. Vote on the motion was unanimous. A zon ring was operty located at 1565 Roswell St~eet from R-l to C-l. for the an off~ce. warebouse and sales. Mr. Ray Glossen repre- sented the petitione ight. Inc. Mr. Glossen stated the property would be used exclusively for right Company operations. Arthur T. Bacon moved that the property be zoned fr idential to C-l commercial as requested subject to approval of Council on building p&ans. restricted to an office. warehouse and sa~es. The motion was seconded by C. o. Canada and vote on the motion was unanimous. . denie on property located at 1114 Church Street. lots 67 aod 68 from ly. Mrs. Opal Anderson spoke in opposition to the ebris thrown in their yard by occupants of Chelsa Village On motion by Forster Puffe. seconded by Marston Tuck. the unanimous vote. On the recommendation seconded by E. R. 10 and 24. 1 in September. being meeting dates. Porterfield. and on motion by Marston Tuck. dates for Council Meetin~ were set for tion was unanimous. September 3. the first y was the reason for the motion the change the Since fire station. were reviewed by Council Members on Friday, August Tuck motioned that the low b~d of Don O. Wells in the amount of er stated that in a few changes and City buying the materials tax exempt, ing the equipment for the kitchen. the bid would ack Miles seconded the motion to accept Mr. a, September 10. 1973 was the date 145 Kennesaw Way from District "c" PAGE 177 (Continuation of August 6, 1973 meeting) to C-Z. plumbing office and warehouse. Vote on the motion was unanimous. On motion by C. O. Canada. seconded by Arthur T. Bacon. September 10. 1973 was the date set for a zoning hearing on property located at 2151 Kennesaw Way from District "c" to C-l. rea~ estate office. Vote on the motion was unanimous. A request for annexation of property located in Land Lots 629 and 630. Atlanta Street, approximately 2.7 acres. was the next item on the agenda. On motion by Jack Miles. seconded by C. O. Canada. the property was annexed as requested. under existing R-l Cobb County zon~ng and made a part of Ward #Z. Vote on tbe motion was unanimous. City Attorney Berl T. Tate ruled that it would not be necessary to advertise for a public hearing since there would be no change in the zoning classifications. and the building permit could be requested at the next meeting. (The property is to be uaed for church purposes.) J. E. David and Vic Broyles stated corrective action had been completed on the drainage problem back of Mrs. J. L. Williams' house. 911 McLinden Avenue. The wall back of the Concord Gardens Apartments was reported as incomplete. Mr. David reported he had given Mr. E. A. Reeves until August 24th to complete corrective action on the drainage problem from Old Smyrna Village Apartments to Church Street. A final report was requested at the next meeting. Bids were opened on a pick-up truck for Supt. of Public Works and are recorded as follows: General GMC. Atlanta. Georgia John Smith"Chevrolet. Atlanta. Georgia $3103.72 $3179.87 The bids were referred to the Water Committee for report back at the next meeting. C. O. motioned that Vie Broyles be authorized to obtain individual bids on four items nt. the bids to be opened at tbe August 20. 1973 meeting. The motion was seconded by Marston Tuck and the vote was unanimous. Mr. Tom liam. from Arlington. Texas appeared before Mayor and Council in the interest oval of a home improvement business in the formerly Howard's Dep on South Cobb Drive. Leon Hood stated he had reviewed or remodeling and they approved by the Fire Depart- ment and approval. Councilman C. O. Canada motioned the plans be approved for retail sales of appliances. paneling. building materials. etc.. with no outside storage allowed. The motion was seconded by E. R. Csalson and the vote was unanimous. The zoning at present for this location is C-l commercial. Commercial permits were submitted by Building Inspector Leon Hood and upon his recommendations following action was taken: (1) An application was submitted from Fence Craft Fence Company for a sign. It was the opinion of some Councilman that this property on Cherokee Road was restricted to a ceramics shop. This item was deferred until a checkout on the zoning could be made. (2~ Building Leon Hood stated he had tried to contact Mrs. Nancy McMillen. business as Sister Christian. 620 Cherokee . in to the sign on the property. but had mailed a letter to her this date asking that sign be removed from the premises. On the advice of the City Attorney she was given to the next meeting to remove the sign or be cited into Recorder's Court. (3) Addition. First State Baak of Cobb . on Concord Road. The building permit was approved on motion C. O. Canada. by Arthur T. Bacon. The vote was five for the motion. Miles abstained. (4) Addition. Smyrna Container Corporation. 48' x 80' to rear of present structure. The permit was approved by unanimous vote on motion by Arthur T. Bacon. seconded by C. O. Canada. (5) Application was submitted for renovation of Grant Center in Cobb Center Grand Jewels Department Store. The permit was approved on motion by Arthur T. Bacon. seconded Jack Miles. i c:The vote was unanimous. Self-service Car Wash. 2885 Woodruff Drive. The permit was approved by a five-O on motion by Forster Puffe. seconded by C. O. Canada. with the stipulation that water drainage be tied into the sanitary sewer system. Arthur T. Bacon al Bank of Cobb 2410 Atlanta Street. requested permit for a sign .~ 14 7' wide. to be on top of building. The perm:l. t was approved on motion by E. R. Coalson, seconded by Arthur T. Bacon. The vote was unanimous. (8) M. G. Snipes. Mr. Mark Turner. before Mayor and Council requesting an extens:l.on on the completion date of house moved to Cherokee Trail by Mr. Turner. Mr. Snipes stated the house was sold July 9. 1973 and the contract PAGE 178 (Continuation of August 6. 1973 meeting) no later than August 15. 1973. On motion by Forster Puffe. seconded . the citation was extended to August 16. 1973. Vote on the motion Arthur Dougherty requested a 10' rear yard variance at 447 Willowbrook Drive. The request was ed on motion by Forster Puffe, seconded by The vote was Councilman Marst fire station at Jo reminded Mayor and Council of the ground breaking for the new Park on Tuesday afternoon. 6:30 P~ M., August 7. 1973. Public Works Supt. J. E. David installation of water lines on was completed. Georgia Power follow Georgia Power. and the reported it would probably be ten more days before Love-Concord was completed. and as soon as this work would move in. installation of storm sewers would would be last. Mr. David further and Hickory Acres esur~acing contract should be completed this week. for August 20. 1973. Mayor J. C. Porterfield Council Members an a Councilman Forster therefore. it was agree with State officials. entative George Kreeger was on getting he State Department of officials. streets would need resurfacing in the near future; priority list should be up-dated prior to the meeting South Cobb widening project was reported in work. Atlanta Street right of Transportation of was reported as pending until the next visit wihh Department requested approval o~ Schedule 140 plastic pipe to s. above ground only. On motion by Forster Puffe. Code was amended to include Schedule #40 plastic only in private residences and multiple family dwellings. The vote of Smyrna Code Amended as follows August 6. 1973 Plastic pipe is approved for apartments and residences only. in the City of Smyrna. Cast iron must be through the walls of all foundations. No plastic pipe will be allowed under ground or in the walls of foundations. Plastic pipe must be strapped rigid every six (6) feet. and all arms must be rigidly supported. All plastic pipe including vents through. roofs. must undergo a water test. su Civic Center. and furhher stated the be ready for Counci Councilman ForsterPuffe reported that the Consultant Engineers submitted tonight a Nash Jr. Schoofu. desired by the City for a ed over to Chairman this evening. Mr. Puffe e presently working on the by-laws and they should the next meeting. committee had been set up to work on improvements and Canteen. Mayor John C. Porterfield stated he would made by the City is still needed. and if so he would ons showing how the money is spent. sanitary sewer line on Drive should be Lane was com- next week. Jack Miles. the low bid submitted by E. of $15.016.95 for installation of the sanitary on recommendation of the Consultant Engineers. PAGE 179 of August 6, 1973 meeting) City Attorney Berl T. Tate stated he had received a of the U. S. Supreme Court decision regarding the anti-smut ordinance; however. were several unanswered questions. such as what is a communtiy. can the city enact the ordinance. and make cases. should the state law be followed. is it enforcable. etc.. Mayor Porterfield ted the City Attorney to proceed on the basis as to what would best fit the for the City. On motion by Forster Puffe. seconded by Jack Miles. September 19. 9:00 A. M. through September 28. at 5:00 P. M.. were the dates set for of canidates for the City of Smyrna. November 3. 1973 elections. Vote on the motion was unanimous. Closing date for voter registration was called out at October 4. 1973. at 5:00 P. M., on motion by Marston Tuck. seconded by Forster Puffe. Vote on the motion was unanimous. All Councilman were asked to submit at the next meeting the names of four people plus one al terna'l:e. to work at the polls on election day. The brick work for the addition to the library was reported to be almost completed. On motion by Forster Puffe. seconded by C. O. Canada. the minutes of July 2 were approved as submitted. The vote was five for the motion. Harston Tuck abs.tained. On motion by Forster puffe. seconded by E. R. Coalson. the minutes of July 16. 1973 were approved as submitted. The vote was four for the motion. Marston Tuck and Jack Miles abstained. Financial reports for the fiscal year ending June 30. 1973 were deferred to the next John C. Porterfield read a letter from the State Crime Commission in to minimum height requirements for City Police Department personnel. Councilman Marston Tuck motioned that if there is height requirement it be discontinued immediately. Jack Miles seconded the motion and the vote was unanimous. Mayor John C. Porterfield broughttto the attention of Council that the City of Smyrna this year had two state athletic champions -- the Pony League and the Connie Mack team. and recommended that a resolution be prepared for both teams. Forster Puffe motioned the Resolution be prepared for each team. Arthur T. Bacon seconded the motion which carried by unanimous vote. Also called to the attention of Council by Mayor Porterfield was the Cobb County Law Enforcement Association dinner on August 15. at 8:00 P. M.. Rich's Cobb Center. at which time Senator Herman will be guest speaker. All were urged to attend. the tickets for the dinner being per person. and anyone desiring a.ticket should contact Capt. John Young. Councilman Forster Puffe asked the on apartments. City Attorney Berl the City by Williams. on the case filed the fees.) status of the King Williams business license fee T. Tate reported he understood a suit was pending Mr. Tate furhter stated he was awaiting a court Burson Properties (Norseman Apartment sewer tap There being no furtber business. the meeting adjourned at 10:21 P' M. ******************************** AUGUST 20. 1973 The scheduled mid-month of Mayor and Council was held at City Hall. Smyrna. a. August 20. 1973 and to order at 7:30 o'clock P. M. by Mayor John C. field. Councilmen were: Jack Miles. Homer Kuhl. Marston Tuck and E. R. Coalson. Councilmen on vacation were Arthur T. Bacon and Forster Puffe. Counci C. O. Canada was in Farmi . New Mexico with the Smyrna Sanders Connie team. the first team f to c in the World Series. Also present were: L. W. Charles. City Proctor. J. E. David. Supt. les, Asst. Works. Berl T. Tate. City Attorney ector. C. C terfield. Chief of Fire Department, ant Engineer. and a representative of Marietta press. Invocation was giveny by Reverend York Chambless. PAGE 180 (Continuation of August 20. 1973 Mayor John C. Porterfield reported the Connie Mack team lost the first game Friday night but would play again Saturday Under Citi~ens Reports. that District Coalson. the hearing unanimous. Mr. Jere P. Williams appeared before Mayor and Council and a hearing date to re~one property located at 630 Cherokee C-l commercial. On motion by Jack Miles. seconded by E. R. date was set for September 10. 1973. Vote on the motion was Mr. Ralph Grady also in regard to whether ment. M~yor John C. Fund Office last wee Firemen to participate anyone who was eligibl further stated he was the Smyrna group was Mr. Stewart in the fire department before Mayor and Council under Item 2. Citizens Reports. wished to disband or continue the Volunteer Fire Depart- ield stated he made a trip to the Georgia Firemen's Pension ain first information on requirements for Volunteer the pension since he certainly did not want to deprive in the pension fund. Mayor Porterfield to Mr. James H. Stewart that none of each Council opy of a letter signed by fireman must to get credit for prior service for the Georgia Fireman's Pension Fundcaa follows: "CREDITABLE SERVICE" (1) more service is with I. S. D. Class 8 or better Fire Departments with $5.000.00 . in Georgia. tings. drills. of past service; must be records f of Creditable Service. ed to offer of training and meetings year, that year cannot be claimed as or kept (3) for by (4) (5) Fund month Service Must have 13 years of ereditable Service at 50 years of age. Georgia Firemen's Pension Fund Board of Trustees and/or Secretary-Treasurer of has the right to examine the Department records at any time they deem necessary. Councilman Marston Tuck motioned that the macter be retabled for an indefinite period of time to allow all volunteer firemen an opportunity to apply for the pension fund. if eligible. It was the consensus of Mayor and Council that the volunteer fire depart- ment would be considered on an inactive basis until the item is placed on the agenda at some time in the future for formal action. A zoning hearing on located at 1073 Concord Road from District "e" to C-2 for a tire and alignment was withdrawn on request of Mr. Harvey Nix. agent for Mr. James Chamblee. who was not present at the meeting. On motion by Marston 2.7 acres of Brawner s Hospital. R-l zoning classification. was that Smyrna's Mr. church will be to be built in area seconded by E. R. Coalson. was granted for approx- located at 2931 Atlanta from the entrance of for church purposes. the property located in an Mr. H. L. Scoggins. representative for petitioner. new future land use map listed this area as C-l commercial. be agreeable with the petit~oner. The name of the new Baptist Church. Inc. Vote on the motion to permit the church was unanimous. was no e City not worked out law suit to set up a meet concerned citizen be satisfactory t the next meeting Avenue and other citizens from the immediate with the surface water drainage problem from Concord nts property. Mrs. Williams stated she had learned e ditch was located about ten feet inside her T. Tate stated the only alternative. if the problems could property owners . '<was for the citizens to enter a civil Mayor Porterfield asked Councilman Homer Kuhl two apartment projects. city officials. and the o weeks to try to work out a solution which would a definite answer could be given the citizens at There were no commercial building permits to be submitted to Mayor and Council. ted all water lines on Love-Concord had been in- and final tie-ins to be completed. Mr. Hardy tracting Company had begun grading the week before. Nichols Contracting Company should complete work on had been informed they would have two crews on South Cobb next week. PAGE 181 (Continuation of August 20. 1973meet:i:ng) H::,~,as that all three county resurfacing projects had been completed arid for the centerlining was in the state office. There was no. report on the Atlanta Street right of way widening project. ~ In the absence of Cauncilman Forster Puffe. a report on the C:i:vi'c Center progress WaS deferred. A report on the Parks and Recreation committee program was also. deferred in the absence of Councilman C. o. Canada. ,Co.st ,of the addition to the City library as of thia date' was reported as '$15,485 .17. The project is e~pected to be 'completed within the next week. Clerk L. W. Charles reported that a representative of the "'Let "5' Clean Up Our project would be present at the Sep'temberlO, 1973 meeting. Appointment for a Superintendent for the City ele'ction to be helti November 3'. 1973. ,as well as. ,appointees from each ward to. work as managers. poll workers. alternates, etc. was deferred to the next meeting. Public Works Super:i:ntendent J. E. David reported that work should Hickory Acres Drive this week and ,Jonquil Drive Extension would resurfacing Councilman Marston Tuck stated he would have a repart on the high band base stat:i:on at the September 10. 1973 meeting. Financial reports for June 1973 and twelve months period ending June 30. 1:9'73 wer'e deferred to. the next meeting. The Agenda being COmpleted the following action is reoorded: Mayor John C. Porterfield stated he had received a letter from Mr. Musgrove of the Department of Transportation inlcregard to a previous agreement with the City to four lane Atlanta Street from Love Street to Powder, Springs Street. Mayor Porterfield stated he wo.uld like to meet with State officials again and ask for a third land from Powder to Hawthorne Street. The Street Co.mmittee was requested to continue effo.rts to. rights of way on Atlanta Street. Mayor John C. Porterfield reported estimates had been received from C. W. Matthews Company for paving the areas at the intersection of Church and Atlanta Street Conco.rd Road and Hollis Street. The Street Cammittee was requested to. checkout the proposals for widening the two. areas and report back at the next meeting. A letter was read by Mayo.r Porterfield from the Manager of Cobb Cinema commending Public Works J. E. David on the efficient manner in which he handled stopped up .~ sewer lines at theatre. On the recommendation of Mayor J. C. Porterfield. and on motion by Marston Tuck, seconded by Jack Miles. Council authorized approval of a one-half page ad in the football programs for the Campbell High and Wills High Booster Clubs. Vote on the motion was unanimous. On motion by the 1972 pi 87 idder could unanimous. E. R. Coalson. seconded by Marston Tuck. authorization was granted to purchaSE truck for the Water Department from John Smith Chevrolet in the amount John Smith bid was only $76.00 above the low bid or $3103.72 and the not promise delivery for at least ninety days. Vote on the motion was Consultant photo map of pressed their photo map. George Hardy presented Mayor and Council with a of an aerial Smyrna area made in Jannary 1973. The Mayor and Councilmen ex- gratitude to Mr. Hardy and Mayes, Sudderth, and Etheredge for the excellent The meeting adjourned at 8:32 P. M. ********************************