03-20-1972 Regular MeetingPage 55
MARCH 2O,1972
The regular meeting of Mayor and Council was held pursuant to the Charter
at City Hall, Smyrna, Georgia, March 20, 1972, at 7:30 o'clock P. M.
Mayor John C. Porterfield presided and all Councilmen were present except
Ward #3 Councilman Arthur T. Bacon who was out of town on business, and
Ward #5 Councilman C. 0. Canada 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, Sup.t. Public Works,
V. M. Broyles, Asst. Supt., Leon Hood, Building Inspector, C. C. Porterfield,
Fire Chief, D. 0. Atkinson, Asst: Chief, George Hardy, Consultant Engineer,
a representative of the Marietta Journal and WBIE.
Invocation was given by D. Scott Jackson,
Mr. Lester Weathers appeared before Mayor and Council regarding a bad
drainage problem in the Green Acres Road-Trailwood area. This was referred
to the streets committee and J. E. David to investigate and report back at the
next meeting.
Marston Tuck brought up a similar problem at Woodlawn Terrace and Spring Road.
This was.�� also referred to the streets committee and J .E. David to
investigate and report back at the next meeting.
Mr. Nick Kipreos submitted a petition to Mayor and Council to rezone property
located at 470 Concord Road, west of the 7-Eleven Store, from District"C" >
to C-1. On motion by Homer Kuhl, seconded by Marston Tuck, the hearing date
to consider the rezoning was set for April 17, 1972 P. M. Vote on the motion was
unanimous.
Commercial building permits were submitted by building"inspector Leon Hood and
upon his recommendation, the following action is recorded::
(1) Tenneco Oil Company, construction of grocery store and gas pumps, at the corner
of King Springs and Concord Road. On motion by Forster Puffe, and on second
by Jack Miles, the permit was approved by Unanimous vote.
(2) The Pressley Agency, 2750 Atlanta Street, renovate office building.
The permit was approved on motion by Homer Kuhl, seconded by Jack Miles,
and voted Unanimously.
(3) Charles Thomas, 2264 Atlanta Street, build an open pit barbeque
(inside) and close in sides to accomodate tables and chairs. The permit
was granted on motion by Marston Tuck subject to approval by the fire board.
The motion was seconded by E. R: Coalson, and vote on the motion was unanimous.
Building inspector Leon Hood was requested to check with the health
department regarding regulations on barbeque pit.
(4) Roy V. Cheek, 915 Sharon Circle, room addition to his residence.
Mr. Cheek submitted a letter from his neighbor James 1. Vernon, stating he
had no objection to the room addition having a side setback on the east
property line of Mr. Cheek and the west property line of Mr. Vernon, a
minimum of five feet. The permit was granted on motion by Homer Kuhl,
seconded.by Jack Miles, and voted unanimously.
(5) William John Davidson, 891 Brentwood Drive, requested an eleven foot
variance on the front yard set back to add a Spanish type courtyard on
front entrance. The permit was approved unanimously on motion by Forster
Puffe, seconded by Marston Tuck.
(6) Turner Advertising Company, request to place two bill board type signs
at the corner of Love Street Extension and Atlanta Street. The petition
was denied on motion by Homer Kuhl, seconded by Forster Puffe, due to there
being no business on the premises therefore not conforming to City ordinances.
Vote on the motion was unanimous.
(7) Mo-bil Oil Company, request for self-service gasoline station, South
Cobb and Joneshaw. This was referred to fire study committee and fire
marshal] for investigation and report back at April 3, 1972 meeting.
No. 10 on the Agenda, issuance of permits, "Self -Service" gas stations,
was also referred to the fire committee and fire marshall for report back
at next meeting.
Mayor John C. Porterfield reported that easement forms had been mailed to
all property owners involved in the eastside sewer project, and all four
property owners had indicated they would sign the easements. Mayor
Porterfield further reported,he.�would-write a letter to Mr. Charlie Vaughn
stating that in exchange for his signing the easement his property would
not be annexed into the City; also, that he could acquire on tap -on
to the sewer line by paying the tap -on fee at existing county rates and
that he would be chariged in accordance with the existing county schedlue.
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MARCH- 20, 1972
There was no report on Concord Road right-of-way adquisitions.'
Bids for a pickup truck for the Supt. of Public Works were opened and
are recorded as follows:
Trade City, Marietta, Georgia $2,638.70
John Smith, Atlanta, Georgia $29752.87
Thornton Chevrolet,:Lithia Springs, Ga. $2,789.51
Days Chevrolet, Acworth, Georgia $2,1744.48
Councilman Forster Puffe motioned the bids be referred to the committee with
authority to act and report back at the next meeting. The motion was
amended by Marston Tuck to approve the 1 ow bid provided it met the specifications.
The amendment was seconded by E. R. Coalson. Voting for the amendment,
Marston Tuck and E. R. Coalson. Voting against, Forster Puffe, Jack Miles
and Homer Kuhl. Councilman Homer Kuhl seconded the motion made by
Forster Puffe and the vote was three to two. Voting for the -motion, -
Forster Puffe, Homer Kuhl and Jack Miles. E. R. Coalson and Marston
'hick voted against the motion.
Bids for one 1-ton roller and trailer were opened and recorded as follows:
Triple "E" Equipment Co., Atlanta, Ga. $2,060.00
United Rent All, Marietta, Ga.. $2,085.00
R. S. Armstrong & Bro. Co., Atlanta, Ga. $2,432.00 less 2%
Forster Puffe,motioned the bids be referred to the committee with authority
to act. Homer Kuhl seconded the motion which carried three to two.
Voting for the motion, Forster Puffe, Jack Miles and Homer Kuhl. Voting
against the motion, Marston 'hick and E. 8. Coalson.
Councilman Jack Miles stated the Police department needed a 16mm sound
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rojector and screen to be used in connection with traffic court and traffic
school and motioned that bids be let to be opened at the next meeting.
The 'motion rags :seconded by Marston 'fuck. and voted unanimously,
No applications for retail wine privilege licenses were submitted for
Council approval.
On recommeddation of the malt beverage committee, four applicants for
cult beverage licenses were approved as follows:.
(1) J. M. Moore, 7-Eleven Store, 2539 Old Concord Road, approved four to one
on adotion by Marston Tuck seconded by E. R. Coalson. Homer,Kuhl opposed.
(2) Geraldine B. Dilbeck, Big Apple Store, 2512 Spring Road, approved on
motion by Forster Puffe, seconded by Jack Miles. Voting for the motion
Forster Puffe, Jack Miles, and E. R. Coalson. Voting against the motion,
I Marston Tuck and Homer Kuhl, Mr. Clint Brown, Pastor of Bethel Baptist Church,
and four otherrresidents objected to issuance of the license; however,
since all requirements of the City ordinances had been met the application
was approved.
(3) Eddie W. Turner, 2552 South Cobb Drive, approved on motion by Forster:.
Puffe, seconded by Jack Miles. Voting for -the motion, Forster Puffe,
Jack Miles, E. R. Coalson and Marston Tuck. Opposed, Homer Kuhl.
(4) Linda V. Woodard, Tenneco King Springs and Concord. Councilman Homer
Kuhl objected to approval due to the closeness of two residential driveways
on King Springs Road and motioned the application be denied. The motion
died,for lack,of a second. Forster Puffe motioned the Application be approved.
E. R. Coalson seconded the motion which carried four to one. Homer Kuhl
voted against the motion. ,
On motion by Forster Puffe, seconded by Marston Tuck, approval was granted
to -transfer the malt beverage privilege license at Lums Restaurant from
Don Wallace to Edward Lee Green. Voting,for the motion Forster Puffe,
Marston 'hick and Jack Miles., E.,R. Coalson and Homer Kuhl opposed the motion.
Report on the Noise Ordinance was deferred to the next meeting.
^, Homer Kuhl reported the city and county are now under dual registration and
stated maps would be passed out at the end of the meeting regarding
reapportionment of wards.
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MARCH, 20, 1972
Mr. Kuhl,further-stated that Mrs. Bennett would have the maps proofed
100% by the Wednesday night meeting and invited all Councilmen and the
City Clerk to attend. Due to Ward #3 Councilman C. 0. Canada being in
the hospital, Mayor Porterfield requested all Councilmen to meet on Wednesday
night, March 29, 1972, to discuss the proposed reappartionment of
wards, instead of meeting Wednesday, March 22, 1972, as originally planned.
Report on the ptroposed density amendment,.R-2 multi -family dwellings,
was deferred tothe next meeting. , . t y.
There was no report to this meeting on proposed revised water and sewer
rates. Submission of selection personnel to form a (7). member board known.
as City of Smyrna Parks and Recreation Commission was deferred to the next
,meeting. `
Building inspector Leon Hood was requested to have.the police department
cite B. F. Reed into court_ since the dead line given for finishing his
residence had passed and no work had been done -on it. Mayor Porterfield
asked he be given a report as soon as Mr. Hood talked to the Police Chief.
A proposed mail drop near the front entrance of City Hall was deferred to
the next meeting.
Finance Chairmam Homer Kuhl motioned that $60,000 of the $100,000 matured
savings certificates withdrawn from the Smyrna Federal and Loan Association
be placed in the 8 & .0 Fund to cover expenses of the eastside dewer project.
The motion was seconded by Forster Puffe and voted unanimously. On motion
by.Homer Kuhl $40,000 of the'above mentioned $100,000 was transferred to
savings certificates at the Bank,of Smyrna. The motion was seconded by
Forster Puffe and voted unanimously. Interest in the amount of $16,000
would, by law, remain in the General Fund.
On motion by Homer Kuhl, seconded by Forster Puffe, it was agreed on
.unanimous vote to reinvest prior to maturity the•$335,000 U. S.:Treasury
Bills; the Treasury Bill's being in the following funds, General Fuhd, Water
Revenue, Water & Sewage Sink ng;Fund and 1954 Sinking Fund.
On motion by Jack Miles, seconded by Homer Kuhl, approval was granted
to pay from .the Contingency Fund for pre -registration to the G. M. A.
Convention'at Jekyll.Island, to be held June 25, 1972. Vote on the
motion was unanimous.:
February 7, 1972 minutes of Mayor and Council were approved on motion by
Forster Puffe, seconded by Jack Miles. The vote was four for the motion,
Marston Tuck abstained.
February 14, 1972 minutes were approved as submitted on`motion by Forster
Puffe, seconded by Jack`Miles. -The vote was four for the motion,
Marston Tuck abstained.
Mayor John C. Porterfield reported several resolutions were approved and
several committees were appointed at the Cobb Municipal Association
ieeting held March 14, 1972, and he was'very enthused with the response
from "the group. `
Mayor John C. Porterfield recommended appointment of a planning board for
the City of Smyrna and suggested Kidd and Associates be approved. On
motion by Forster Puffe, Kidd and Associates were appointed as consultant
planners for the City of Smyrna•and authorization was granted for Mayor
Porterfield to sign the contract, as amended. The_tdotion was seconded
by Homer Kuhl and voted unanimously. The amendment in the contract to be
handled by City Attorney Berl T. Tate will read, "the City may cancel the
contract upon 15 days notice," and delete the phrase that Kidd"and Associates
may also cancel upon a 15 day notice., This was the only change to be made.
Mayor John C. Porterfield called a meeting for Saturday morning, April 1,
19720, to discuss the plan and get proposals from all Councilmen prior to
appointment of a three man committee to work with the planning group and
with Mayor and Council.
On motion by Marston Tuck the first meeting in July was changed to July 10,
1972 and the second meeting in July was changed to July 24, 1972, due to
July 4 holiday. The motion was seconded by Jack Miles and the motion
carried by unanimous vote,
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MARCH 209 1972
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A copy of a letter from the attorneys representing Benjamin Y. Smith and
Mr. & Mrs. Charles C. Smith in a claim aga.inst the City of Smyrna was
referred to City Attorney Berl T. Tate.
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Mr. Jim Farley, Civil Defense Director, appeared before Mayor and
Council regarding community shelter plans and protection areas and
requested Mayor John C. Porterfieldto sign a letter approving publicity
in reference to the plans. Mayor Porterfield signed the letter.
Councilman Homer Kuhl reported we now have 20,058 books in the library
and in February 4,871 books and 20 records were checked out; also, they
are in the process of setting up the spring program.
Councilman E. R. Coalson stated that if the DeMolay float could be used
in any way in Jonquil Parade or Big Shanty Parade it would be available.
Councilman Marston Tuck stated the fire department was in the process
of rebuilding the float for the two parades mentioned above and expected
to -spend approximately $100. _
The meeting adjourned at 9:27 P.M.
J HN C. PORTERFIELY MAYOR L. W. CHARLES, CITY CLERK
MARSTON TUCK, COUNCILMAN WARD #1
ARTHUR T. BACON, COUNCILMAN WARD # 3
C. 0. CANAD , COUNCILMAN WARD #5
NORMAN (JACK) MILES, COUNCILMAN
WARD # 7
/Z'-.,
t '- L4L- -
FO S ER PUFFE, COUNC L AN WARD #2
HOMER KUHL, COUNCI N WARD # 4
/!eBERT ZCO�ALSONCOUNCILMAN WARD#6