04-03-1972 Regular MeetingPage 59
APRIL- 3, 1972
The regular meeting of Mayor, and Council was held pursuant to the Charter at
City Hall, Smyrna, Georgia, April 3, 1972,.at 7:30 o'clock P. M. Mayor John
C. Porterfield presided and all Councilmen were present'except C. 0. Canada
of Ward No.-5 who was in the hospital'. Also present were: L. W. Charles, City
Clerk, D. S. Jackson, Asst. City Clerk, George H. Kreeger,.substituting for
City Attorney Berl T. Tate, N. Proctor, J. E. David, Public Works Supt., V.
M. Broyles, Asst. Public Works Supt., C. C. Porterfield, Fire Chief, Leon Hood,
Building Inspector, W. L. Westbrook, Plumbing Inspector, George Hardy, Con-
sultant Engineer, and a representative of the Atlanta Constitution, Marietta
Journal and WBIE.
Invocation was given by Councilman Homer Kuhl.
Under Citizen Reports, the Smyrna Jaycees requested a permit to hold the
Jonquil Parade on April 22, 1972. The permit was granted on motion by Forster
Puffe, seconded by Marston Tuck, and voted unanimously. Mayor Porterfield
requested the route of the parade be given to Jack Miles, Police Chairman.
Plumbing Inspector W. L. Westbrook, along with representatives of the developers
of Plumtree Apartments and manufacturers of a certain type of plastic pipe and
several plumbers, appeared before Mayor and Council in the interest of obtaining
approval to use the plastic pipe (samples were submitted) above ground only, as
a test project in the Plumtree Apartments. Mr. Westbrook reported that the
City of Atlanta and DeKalb County had approved use of the pipe and it was also
approved by the Southern Standard Plumbing,Code. A representative of the manufacturer
of the pipe.stated it was.guaranteed for fifty years. -Councilman Arthur T. Bacon
moved the use of the pipe, above ground only, be approved for the Plumtree Apart-
ment Project as a test case, to be evaluated and reported on by the plumbing
inspector. The motion was 'seconded by Marston Tuck and voted unanimously.
Mr. George Dooley,' the new manager of Belmont Bowling Center, extended an invi-
tation to all city employees to visit the bowling center and to attend a party
to be heldon April 19, at 6:30 P. M., for city employees. D. Scott Jackson
and V. M. Broyles were named as coordinators for the party.
ZONINGS
A zoning hearing was°held, per application made by Mrs. A. P. Jones, to rezone
property located in Land Lot 849, Herodian Way at the intersection of U. S.
Highway No. 41, from District "C" commercial to District C-1 commercial. Plans
were submitted for a convenience type store to be erected on the property.
Councilman Forster Puffe moved the request be granted to rezone the property
from District "C" to C-1, restricted to the plans and specifications submitted.
The motion was seconded by Jack Miles. Vote on the motion was five forcthe
kezoning, Arthur T. Bacon, abstained.
A zoning hearing was held, per application of Nich Souris, to rezone property
located in Land Lot 559, Spring Street, from R-1 Residential to District C-2,
electrical contractor. On motion by Forster Puffe, seconded by E. R. Coalson,
the request for rezoning from R-1 residential to District C-2 was granted,
restricted to the occupancy of an electric company, office and warehouse. 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:
4
(1) S. C. Carter, repair building 2822 Atlanta Street. Approved unanimously on
motion by Marston Tuck, seconded by Jack Miles.
(2) 84 Lumber Company, 2971 Atlanta Street, erect 40' high lighted sign. Approved
unanimously on motion by Homer Kuhl, seconded by Arthur T. Bacon.
r
(3) Leon Hood, 2485 Spring Drive, request for side yard set back variance and
add car port. Approved on unanimous vote on motion by Marston Tuck, seconded
by Arthur T.. Bacon, subject to receipt of letter from Donald 0. Plott Sr.,
signed and notarized, stating he had no objection to the variance in set back.
Building inspector Leon Hood requested Council adopt the Southern Building Code
as the building code of the City of Smyrna. Marston Tuck motioned the Southern
Building Code be officially adopted as the building code for the city, including
the 1969 latest edition. The motion was seconded by Homer,Kuhl and vote on the
motion was unanimous.
Application of Mo-bil Oil Company for a self-service gasoline station was deferred
to the next meeting.
page 60
(CONTINUATION OF APRIL 3, 1972 MEETING)
Item 14 on the Agenda, Committee Report on Self -Service Gas Stations, was also
deferred to the next meeting, in order to obtain copies of state requirements.
Councilman Forster Puffe reported the committee planned to complete all negoti-
ations on the Concord -Love right-of-way project by the end of April, 1972. Mr.
Puffe called a five minute meeting of the Streets Committee immediately follow-
ing adjournment of Council Meeting.
Mr. George Hardy reported construction had begun on the east side sewer
project. Two easements had not been received;.however, he had been told they
would be mailed this week. Mr. Hardy estimated the completion.date as the
last two weeks in May and stated the temporary plant should be ready by May
1, 1972.
V. M: Broyles reporting on the Green Acres-Trailwood area drainage problem,
stated the ditches would be cleaned out, some of the curbs would be raised and
that he would check on the three drains in the area to determine'if they were
draining properly. Mr. Joe V. Martin did not agree that these measures would
correct the problem. Mayor Porterfield .requested Mr. Broyles to check further
on conditions described by Mr. Martin and -to open up the channel and remove the
debris.
Councilman Forster Puffe stated he and Public Works Superintendent James E.
David had inspected the problem at Woodlawn Terrace and Spring Street and
recommended correction of the drainage problem be deferred to next year and
funds be included-in":the budget to cover the costs.
Forster Puffe-motioned that,idue to.incomplete,specifications, all bids -:be re-
jected on the pick-up truck-for^the._Supt.. of Public Works. Homer Kuhl seconded
the motion which carried by unanimous vote. On motion by Forster Puffe, seconded
by.Jack Miles, new bids on the truck will be let --these bids to be opened at the
April ' 17,,- 19.72 meeting: -,Vote con the motion :was unanimous:-
Two bids were openedton.the 16_mm: sound prodector-ah(r screen fdr`the''police
department and are recorded as follows:
Crown Camera.Exchange
.Screen _, _~
Calhoun Company (Moddl 1552)
(Model 1550)
$520.00
69.52
$725.00
$665.00 (Alternate)
Screen— 84.15
Screen 73.85 (Alternate)
On motion by Jack Miles, the bids were referred back to the police committee and
a report will be made to Mayor and Council at the next meeting. The -motion was
seconded by Homer Kuhl and voted unanimously.
The-:streets.`committee.chairman reported the low.bid of Triple."E"'Equipment
Company had been accepted on the 1 ton Econoroll static roller and trailer in
the amount of $2,060, and a.purchase order was.:b6ing issued.
The zoning ordinance amendment, R-2 multi -family dwellings, was deferred in the
absence of Chairman-C. 0. Canada.
The proposed noise ordinance was also deferred.
On motion by Arthur T. Bacon, seconded by Jack Miles, application for a privilege
license;.retail wine, was granted -.for S. Lyle[Dunn,_Big Star Grocery -Store
(formerly Colonial Store); 2122 South Cobb Drive.: The vote was_five to_one,
Homer Kuhl opposed.
On motion by Arthur. T. Bacon, seconded by Forster Puffe,.application for a
privilege license,• retail.beer, was granted for S. Lyle Dunn, Big. Star Grocery
Store, 2122 South Cobb Drive. The vote was five to one, Homer Kuhl opposed.
On motion by Arthur T. Bacon, seconded:by Jack Miles, the City.Attorney was
authorized -to draw up a new malt beverage ordinance which would conform to the
wine ordinance: The -vote on the motion was.five to one, Homer Kuhl opposed.
The changes and amendments attached and made a part of the minutes of this meeting.
Marston Tuck motioned that a committee be(appointed to -secure prices'on up -dating
the Codification of Ordinances book. The -motion was seconded by Forster�Puffe.
Page 61
(CONTINUATION OF APRIL 3, 1972 MEETING)
The vote'was four to'two. Voting for the motion, Marston Tuck, Forster
Puffe; Jack Miles and Arhtur T. Bacon. Voting against the motion, Homer
Kuhl and E. R. Coalson.
r
Homer Kuhl motioned the maps showing ward reapportionment be approved as
submitted to each Councilman. It was reported Councilman C. 0. Canada had
given his verbal approval from the hospital on this date. The motion was
seconded'by Jack Miles and voted unanimously. The number in each ward was
called out as follows:
Ward No. 1 2725 Ward No. 2 2733
Ward No. 3 2745 Ward No. 4 2738
Ward No. 5 2739 Ward No. 6 2781
Ward No. 7 2696
Total .... 19,157 (based on 1970 census)
It was also called out in Council that the plans would have to be sent to
the Justice Department for approval.
Councilman Marston Tuck called a special meeting of the water and sewer com-
mittees for Monday, April 10, 1972, at 7:30 P. M. Mayor J. C. Porterfield
stated he would sit in for Councilman C. 0. Canada in the event he was not
able to attend.
The cost for a mail drop near the entrance door of City Hall was discussed.
Mosler Safe Company had quoted a cost of $407.00. It was agreed by Councili
that a drop could be installed for less. Building inspector Leon Hood was
requested to submit a figure on installing the mail drop.
Finance Chairman Homer Kuhl stated he would call a meeting of the sanitation
and sewerage treatment committees within the next.few days, and would set up
other meetings by departments. Mr. Kuhl requested all department heads to watch
expenditures closely and to start work on the 1972-73 budgets for approval
June 19, 1972.
On motion by Jack Miles, seconded by Forster Puffe, the March 6, 1972 Minutes
were approved as submitted. The vote was four for approval. Marston Tuck
and Arthur T. Bacon abstained.
Appointment of a City of Smyrna Planning Board was deferred. --
Appointment of a City of Smyrna Pension Committee consisting of the Mayor,
City Attorney, City Clerk, two members of Council and two employees were called
out as follows: Mayor John C. Porterfield, City Attorney Berl T. Tate, City
Clerk, L. W. Charles, Councilmen Forster Puffe and Homer Kuhl, Public Works
Supt. James E. David, and Secretary, Nora Proctor.
Councilman Arthur T. Bacon, on recommendation of the sanitation committee,
motioned that the sanitation department be authorized to get ticket books
for dumping fees, to be sold at City Hall. The fee would be $10.00 for a
2 1/2 ton truck and $2.50 for a pick up truck. The motion was seconded by
Forster Puffe and voted unanimously. (Memo: Residents and merchants of City
of Smyrna, no charge.)
Mayor John C. Porterfield stated the City of Smyrna had been asked by the City
of Kennesaw to take part in the parade on April 11, 1972, and all Councilmen
were invited to ride in the parade.
Councilman Forster Puffe stated members of the safety committee had brought to
his attention that in the past year or so any injury on the job not exceeding
$10.00 had been paid by the City and not reported to Workman's Compensation
Company and he requested the amount be raised to $25.00, since very few if any
charges, are $10.00 or less. After further discussion, this matter was referred
to the City Attorney for checkout before final action is taken.
Councilman Marston Tuck reported the fire marshall had been requested to make
atereport on self-service gasoline stations and the report was submitted.
(
'On motion by Arthur T. Bacon, seconded by Forster Puffe, the Ordinance to
Prohibit the Solicitation of Occupants of Vehicles, was amended to read, "any
person or persons convicted in violation of this ordinance shall be subject to
a fine of $300.00 and/or imprisonment in the same manner as persons convicted
of violation of any other ordinance of said City for a maximum of 90 days."
Vote on the motion was unanimous. The meeting adjourned at 10:21 P. M.