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02-14-1972 Called MeetingPage 47 (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 rr Page 48 (CONTINUATION OF FEBRUARY i4,1972 MEETING) nurseries. The amendment was seconded by Homer Kuhl. Mayor John C. Porter- field ruled the amendment out of order and called for a.vote on the motion, which carried five to two. Voting for'the motion, Forster Puffe, Arthur T. Bacon, Jack Miles,,C. O.,Canada and E.. R. Coalson. Marston Tuck and Homer Kuhl voted against the motion. Marston Tuck motioned that kindergartens be added to the above,paragraph,; ex- cluding those establishments that are solely nursery schools. The motion was seconded by Homer Kuhl. Voting for the motion, Marston Tuck, Homer Kuhl and `E. R. Coalson: Voting.against the motion, C. O. Canada, Arthur T. Bacon, Jack Miles and Forster Puffe. ;The motion was denied. Section 1029 was deleted. I Under Section 20-1033, it was agreed that any drive-in windows would be visible from the street, however, the size of the windows would be,left to the.estab- lishment. Section 1034 was deleted. Forster Puffe motioned the wine ordinance be -adopted as amended. C. 0. Canada seconded the motion. The vote was five to two for the motion. C. 0. Canada, Forster Puffe, Arthur T. Bacon, Jack Miles and E. R. Coalson voting for the } motion,. Homer Kuhl and Marston Tuck opposed. The final draft will be referred back to the committee. The City Attorney was requested..to bring the,malt beverage ord�inance,in line with the wine ordinance. Meeting adjourned,,9:42 P. M. FEbRUARY 21, 1972 The regularly scheduled mid -month meeting of Mayor and Council was held February 21, 1972.at City Hall, Smyrna, Georgia, and called to.order at 7:30 o'clock P. M. by presiding officer Mayor John C. Porterfield. All Council Members were present. Also present were: City Clerk L.W. Charles, Asst. City Clerk D. Scott Jackson, Berl,T. Tate, City Attorney, J. E. David, Supt. of Public Works, V. M. Broyles, Asst. Supt. of Public Works, Leon Hood, Building Inspector, Fire Chief C. C. Porterfield, George Hardy of Mayes, Sudderth and Etheredge, and a representative of the Atlanta Journal, Marietta Journal and WRIE. Nora Proctor was absent. Invocation was given by Ward 7 Councilman Jack Miles. Mike Brown of 1951 Dell Avenue, a student at Kennesaw Junior College, appeared before Mayor and Council stating he was studying criminal justice in college and requested part-time employment in the police department. This was referred to police committee chairman Jack Miles. There were no zoning petitions, hearings nor,annexations. Only one commercial building permit was submitted by building inspector Leon Hood and upon his recommendation, the following action is recorded. (1) Standard Oil Service Station at Six Points. Mr.' Bill Alexander appeared before Mayor and Council and requested a 10' variance on the rear of the property, from 30' to 20', and stated he would submit a deed of dedication for the 10' right-of-way to the City Clerk. The variance from 30' to 20' was approved on motion by Homer Kuhl, seconded by Arthur T. Bacon, and voted unanimously. In further discussion, and on motion by Homer Kuhl, seconded by Jack Miles, the building permit was approved on unanimous vote, granting'a 10' right-of-way on Hawthorne and subject to Standard Oil Corporation absorbing one=third of the cost of a traffic signal at the intersection, the amount not to exceed $2200.00.