02-07-1972 Regular MeetingPage 44
FEBRUARY 7, 1972
The regular meeting of Mayor and Council was held pursuant to the Charter
at City Hall, Smyrna, Georgia, February 7, 1972, at 7:30 o'clock P. M.
Mayor John C. Porterfield presided and all Council Members were present
except Ward #3 Councilman Arthur T. Bacon who was absent due to illness.
Also present were: L. W. Charles, City Clerk, D. S. Jackson, Asst. City
Clerk, Berl T. Tate, City Attorney, N. Proctor, J. E. David, Public Works
Supt., Leon Hood, Building Inspector, C. C. Porterfield, Fire Chief, D. 0.
Atkinson, Asst. Fire Chief, a representative of the Atlanta Constitution,
Marietta Journal and WBIE.
Invocation was by D. Scott Jackson.
Mr. Gene Box, 2581 Carolyn Drive, appeared before Mayor and Council with a
request that parking be prohibited on Carolyn Drive. Mr. Box submitted a
petition which contained 46 signatures of residents on the street, who wanted
on -street parking eliminated. The matter was assigned to the Street Committee
for study and recommendations.at the next meeting.
Mr. J. H. Barfield of 2040 Argyle Drive complained of noise caused by motorcycles
on vacant property adjoining his property. Mayor Porterfield asked City Attorney
Berl T. Tate to draw up a noise ordinance to cover this and similar complaints.
On motion by Homer Kuhl, seconded by Forster Puffe, a request by Jack Retherford
for a business license to operate a beauty salon in Chelsa Village Clubhouse was
denied. Vote on the motion was five to one, Marston Tuck opposed.
ZONING HEARINGS
The following zoning hearings were held and recorded as follows:
(1) A hospital site in Land.Lot 552, approximately..33.8 acres, from R-1 to R-2.
Dr. Robert L. Kushner, Jr. was present and answered questions asked by Mayor and
Council and interested citizens. Dr. Kushner, stated the hospital would be a full
service hospital, except for obstretrics. Mr.. Walter Carey, Architect, stated
the plans were essentially the same as..were presented in the December 20, 1971
meeting; however, there would be three stories rather than four. Mr. Jim Garvin
of 2504 Glendale Circle, a health planner, questioned the services to be rendered
and full staff personnel for the hospital. After further discussion, Forster
Puffe motioned we accept the zoning from R-1 to R-2, restricted to a hospital
and medical complex. - The motion was seconded. -by Jack Miles and voted unanimously.
(2) 2510 Matthews Street, (200' x 200'), Mrs. M. J. Couch, R-1 to C-1. During
discussion, Mrs. Couch requested the zoning be changed, R-1 residential to
District "C" commercial since she had no definite plans for the property at
this time. On motion by C. 0. Canada, seconded by Marston Tuck, the property
was zoned District "C". .Vote on.the motion was unanimous. -
(3) 1536 Roswell Street at Crumbley, District "C" to C-2, for a warehouse for
Lance Products. Mr. H. L.-McDaniell represented Mr. C. W. Holcomb. There was
no opposition to the rezoning. On motion by Marston Tuck, seconded by C. 0.
Canada, the property was..rezoned from District "C" to C-2, subject to plans
and specifications submitted.
(4) Belmont Shopping Center expansion, south to Fleming, R-1 to C-1. Mr. Alan
Halpern represented the petitioner Bernard Halpern, and submitted plats showing
the proposed expansion. Mr. H. A. Wyckoff and Mrs. C. K. Panter opposed the
rezoning stating they wanted the property left residential and listing addi-
tional traffic hazards on Fleming Street which is.a•very narrow street.-. Mayor
John C. Porterfield requested the street committee to make a study of the
traffic conditions on Fleming..Street and make recommendations at the next•
meeting. After further discussion, Forster Puffe•motioned the property be re-
zoned from R-1 to C-1 commercial, with the stipulation of a 50' wooded buffer
between Fleming Street and the buildings,.20' additional roadway, the dumpsters
be screened,. and sidewalks andsewerage be installed. The motion was seconded
by Jack Miles and carried five to one. Marston Tuck opposed the motion.
(5) 1215 Sunset Avenue at Hamby (north side) from,R-1 to District "C". There
I� was no opposition. On motion by Forster Puffe, seconded by E. R: Coalson, the
I� property was rezoned as advertised. Vote on the motion was unanimous.
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(CONTINUATION OF FEBRUARY 7, 1972 MINUTES)
(6) 1202 and 1210 Sunset Avenue at Hamby (south side) from R-1 to C-1,
restricted to an electrical contractor's office. Structural changes were
called out as a new front to the building and a side door. The driveway
will be from Sunset Avenue with no driveway on Hamby Street. Mrs. Sasser
complained of surface water from the Reece property to her property. On
motion by Jack Miles, seconded -by -Forster Puffe, the property was rezoned
from R-1 to C-1 with the building permit showing the right-of-way on
Sunset and surface water drainage to the west.
(7) 1019 and 1021 Powder Springs Street R-1 to R-2, 18 apartment units,
requested by Mr. Joe Redwine. The request for rezoning was denied on motion
by Homer Kuhl seconded by Forster Puffe due to insufficient land, traffic,
and drainage problems. Vote on the motion was unanimous.
(8) 595-605 Floyd Drive, R-1 to C-1, restricted to a fence company for C. C.
Lee. On motion by Marston Tuck, the property was rezoned C-1, with 605
restricted to a fence company, and 595 to an office on the upper level and
storage on the lower level. The motion was seconded by E. R. Coalson and
voted unanimously.
(9) 590 and 600 Floyd Drive R-1 to C-1, Mr. C. A. Vancott and Mr. D. E.
Forrester. On motion by Jack Miles, seconded by C. 0. Canada, the property
was rezoned R-1 to C-1, restricted to office or professional buildings, with
no on -street parking and a buffer on the west side. Vote on the motion was
unanimous.
COMMERCIAL BUILDING PERMITS
Commercial building permits were submitted by building inspector Leon Hood and
upon his recommendations, the following action is recorded:
(1) J. A. Bailey, contractor for 44 apartment units on Medlin Street. The
permit was approved on motion by C. 0. Canada, seconded by Jack Miles. Vote
on the motion was five to one, Marston Tuck opposed. In connection with the
apartment units, the street committee was requested to check out the entrance to the
apartments and use of easement to Church Street and make recommendations on an
improved roadway.
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(2) Warehouse for Lance Products at 1536 Roswell Street. The permit was approved
on motion by C. 0. Canada, seconded by Forster Puffe, and voted -unanimously.
The permit called out a forty foot driveway, five foot sidewalk, curb, gutter
and two foot grass plot.
(3) Barrow Shell Service Station,
existing building. The permit was
Pat Mell•and South Cobb
approved unanimously on
Drive, repairs to
motion by C. 0.
Canada, seconded by Forster Puffe.
N
Three bids on surplus equipment were opened and recorded as,follows:
W. F. White
$995.00
Seagraves Welding Serv.
$1000.00 or trade 1964
Ford pick up truck
R. T. Day
$ 900.00 -
Mayor John C. Porterfield referred the bids to a special committee, C. 0. Canada
Chairman, Forster Puffe and E. R. Coalson to investigate and make recommenda-
tions at the next meeting.
The report on Concord and Love widening project was deferred to the next meeting.
The 4-way stop signs and safety island at Church and King Streets was reported
to be working very satisfactorily.
Mayor John C. Porterfield reported the east side sewer project, Alternate #6,
agreed on my Mayor and Council at a former meeting at an estimated cost of
$65,000 was now up to $165,000, and recommended this plan be abandoned and
Alternate #5 be adopted. On motion by Jack Miles, seconded by Homer Kuhl,
authorization was granted to proceed with Alternate #5 and secure bids for
opening at the February 21, 1972 meeting. Vote on the motion was unanimous.
Two bids were submitted for building a concession stand at Jonquil Park and
are recorded as follows:
H. L. Toombs, Powder Springs, Georgia: Bid includes all material
with exception of metal door jamband door. Door jamb is to be
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(CONTINUATION OF FEBRUARY 7, 1972 MINUTES)
set with slab by Coca Cola Company. Hot-water heater and sink to
be furnished by City. Rough in plumbing•to be done by City.
$2,058.50
Complete Construction.Company, Atlanta, Georgia: All labor and
material for 20'•-x 8' x 20' long building, to be constructed on
concrete slab, and'meeting'local building code requirements.
$3,460.35.
On -motion by C. 0. Canada and the recommendation of the'Parks Committee; the
low bid of H. L.-Toombs was' -accepted.- E. R. Coalson seconded the motion which
carried by unanimous vote.
On -motion by C. 0.•Canada, seconded by E. R. Coalson, approval to let bids to
be opened February 21, 1972, for lights and poles at Cobb Park, was approved
on unanimous vote. - - - '
C. 0. Canada motioned he would like to get an appraisal on the property across
from Nash School (now on lease to the city): as soon as possible. Forster Puffe
seconded the motion which carried by unanimous vote.
On motion by Jack Miles, seconded by Marston Tuck, approval was granted to se-
cure bids on a new patrol car to replace car #13, and further, to declare car
#13 surplus and receive bids on it at the same time; the bids to be opened on
.' February 21, 1972. Vote on the motion was unanimous.
Purchase of a private car for the superintendent of Public Works (3500'included
in budget for this item) was referred to the street committee for recommendations
and specifications and letting of bids to be opened at the February 21, 1972
meeting.
Sealed bids were opened on 1,000.•feet of 2 1/2" fire hose and recorded as
follows:
Major Sales and Service, Marietta, Ga. 600# r$1440.00
Charles L. McLarty, Decatur, Ga. 800# $1470.00
Harold's Sales & Service, Marietta, Ga. 600# $1530.00
On motion by Marston Tuck, seconded by Jack Miles, the bids were referred to the
fire committee with authorityrto-buy from Major Sales and�Service or from Charles
L. McLarty, the decision to be made by the Fire Chief. Vote on the motion was
unanimous.-...--
City Attorney Berl-T. Tate reported the Smyrna House Bill had been submitted as
prepared with the exception the Homestead Exemption part was submitted„as a
separate bill. -
There was no report on the Emergency Employment Act.
A request for a parade permit by Order -of Demolay:to--be-held March 11;:1972, was
granted on motion by Marston Tuck, seconded by E. R. Coalson. Vote on the motion
was unanimous. A copy of the -request giving details of the route•to be taken
wag given 'to police chairman Jack Miles. f
Malt beverage applications were deferred to. -the next meeting.
City Attorney Berl T. Tate read excerpts from the proposed wine ordinance; however,
some Council members wanted to study the ordinance before voting to adopt it. A
meeting was called for:Monday, February 14, at 8:30.P:. M. for discussion and
adoption of a wine ordinance.
In other action:
(1)- It was reported that, Pf. Harold Hicks stated the Smyrna HealthiFood Store
'had a crack in the wall. Forster Puffe-to check with owner and report back at
next meeting. c,
(2) --C. 0. Canada -motioned that one hour parking be enforced in the area of the
old police station. HomerKuhl seconded the motion which'carried.five to one,
Marston Tuck opposed-.
(3) Mayor John C. Porterfield appointed Marston Tuck as Chairman of the Civil
Defense Department.
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(CONTINUATION OF FEBRUARY 7, 1972 MEETING)
(4) Mayor Porterfield appointed-C. 0.. Canada, E.,R. Coalson and --Homer Kuhl
to investigate proposed addition to the garage, new office building and
shed across back of parking area.
(5) Mayor -,Porterfield appointed a committee of Homer Kuhl, Jack•Miles.and
Forster Puffe to work on „the, dual.city-county..registration and reapportion-
ment project with Mrs. Milton Bennett and her staff. The first meeting will
be Thursday night at 7:30 P. M. and thereafter at 7:30 P. M. each Wednesday
night. Mrs. Nora Proctor will be sworn,in Thursday as Deputy Registrar which
will enable people to register at City Hall for.both city and county elections.
(6) Marston Tuck motioned that bids be received at the next meeting on a
radio, ventilator and generator for the new fire truck. The motion was
seconded by Jack Miles and voted unanimously. The estimated cost was $2,000.
Meeting adjourned at 11:55 P. M.
FEBRUARY 14, 1972
A called meeting of Mayor and Council was held at City Hall, Smyrna, Georgia,
on February 14, 1972 for the purpose of discussing and considering the adoption
of an ordinance for naturally fermented wine. The meeting was called to order
at 7:30 o'clock P. M. by presiding officer Mayor John C. Porterfield. All
Council Members were present. City Clerk L. W. Charles was absent since he
was attending a Clerk's meeting in Athens. Assistant City Clerk D. Scott
Jackson and City Attorney Berl T. Tate were present.
City Attorney Berl T. Tate read each section of the ordinance. Under Section
1001,the definition of wine was stated as distilled spirits not in excess of
21% alcohol.
Under Section 1002, procurement of a license for retail sale or possession'of
wine, the following fees were called out: Package license, $200.00, combination
Package and Pouring license; $250:00, registration fee for wholesaler, $15.00.
Regulations regarding parking were the same as for malt beverage licenses. All
application forms are'to be prescribed by Mayor and Council and will be handled
through the City Clerk. Under Section 1007, it was agreed that'in the absence
of a building on property in C-1 classification, a building must be approved
before the wine application is approved.
Under Section 1010, 12" x 12" signs are to be placed on the building by the
applicant, and displayed for a period.of not less than•,ten"days prior to the
public hearing. A fee of $25.00 was set to cover the cost of the advertising
and signs to be paid by the applicant.
Under Section 1012,--denial of application,, the,following_was'added:-• "an appli-
cation may be denied provided the applicant's spouse should not be able to meet
the qualifications of an applicant, particularly if it appears the applicant's
spouse or other person, is using the applicant as -,a guise or dummy to obtain
the license."
Under Section 1012 (h), that any portion of the lot upon which wine is to be
sold is located within two hundred feet of'any church or school building was
changed to read, within three hundred feet from any church or school, building
to building. On motion by Forster Puffe, seconded by Arthur T. Bacon, the
following was added to 1012 (h): The schools or colleges referred to herein
shall include only such State, County, City, Church or other schools as teach
the subjects commonly taught in the common schools and colleges of this•State,
and shall not include private schools and colleges1wherein only specialized
subjects such as law, stenography, business, music, art, medicine, dentistry,
vocation occupation and other special subjects are taught." Marston Tuck
amended the motion to include kindergartens but not those operated solely as
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