05-01-1972 Regular MeetingMY 1, 1972 page 65
tlhe regular meeting of Mayor and Council was held pursuant to the Charter at City Hall,
Smyrna, Georgia, May 1, 1972, at.7:30 o'clock P. M; Mayor John C. Porterfield
presided •and all Councilmen,were present except Homer Kuhl of Ward #4. Also pre-
sent were: L.`•W. Charles,,City Clerk, D. Scott Jackson, Asst. City Clerk, Berl
T. Tate, City Attorney,-J. E. David, Supt. of Public Works, V.rM. Broyles, Asst.
Supt, Public Works, Joe Sims, Consultant Engineer, a representative of the
Atlanta Constitution, Sharon Boswell of the Marietta press, and a representative
from WBIE. Building.Inspector,Leon Hood and Nora Proctor were absent.
Invocation was by L. W. Boring, Electrical Inspector.
There were no complaints.from citizens to be brought before Mayor and Council.
Mr. J. P. Kidd submitted'& "Map of the- Future" of Smyrna city limits and stated
he would have ready•by•the end of the week a map showing all the -buildings in
the corporate limits. Mr. Kidd further stated a land use map would be submitted
at a later date.
The zoning hearing was continued on property located at 470 Concord Road from
'•C" to C-1. A motion had been made at the April 17, 1972 meeting to continue
the zoning at this meeting to determine which was the front 4nd rear of the
building. City A ttoryney Berl T. Tate ruled,'based upon the actual zoning
ordinances, the front of the building was on Concord Road. Property owner
Nick Kiproes agreed to dedicate to the City 10' off the front of the property
for future widening of Concord Road. In return the City waived the 3011' rear
set -back to 2011 Mr. K iproes also agreed to place the air conditioners on top
of the first two stores to allow for a fire access lane. The property was
zoned from "C" to C-1 on motion by Jack Miles, limited to the retail and office
uses per plans and specifications'submitted, further that Mr. Kiproes would
give 10' right-of-way on Concord Road to the City, the City would waive the
rear yard.set-back ffom 301,to 200, and the air conditioners on the first two
storea-would" be' on'' top- of the building allbwitig for a- -12' fire access lane at
the' front"of- the building and allowing an` 8' lane' atf the rearcof the -,building.
The motion was seconded by E. R. Coalson and voted unanimously. -
In -the absence of Building•Inspector'Leon,Hood=who=wasJin the hospital, D. Scott
Jackson submitted commercial building permits and upon Mr. Hood's recommendation
the following action is recorded:
(1) Used Car Lot, 3041 South Cobb'Drive, Raymond Reed property 8' x 16' aluminum
building set on cement blocks, 100' from Church Street and 220' from South Cobb
Drive, office'only:- Approved, -on motion by Arthur T. Bacon;=seconded by Forster
Puffe. Vote on the motion was unanimous. n
(2) 8',x 12' sign, 3041 South Cobb Drive, 100' from Church Street and 140'
from South Cobb Drive. Approved unanimously on motion by C. O.Cinada, seconded
by Jack Miles.
Councilman Forster Puffe reported he had secured -one additional right-of-way
deed signed by Mrs. C. W. Turner, 1295 Concord Road, and moved that the City
he reimburse Mrs. Turner in t^-amount of $1'425., Jack Miles seconded the motion.
The vote was five -to on6-'Marston fuck opposed. J -
On Motion by Forster Puffe, seconded by Jack Miles, the amount of $1807.50 to
reimburse G.. C..Green for the right-of-way acquisition on two parcels-(41 and
42) Love Street, was approved on a five to one vote; Marston Tuck opposed.
Mr. Puffe stated that of the 46 parcels involved, all deeds had been -'signed
except on thirteen parcels. Of ;this thirteen he thought at least one-half
would`0ign the 'committee --set May 15-; 1972 ass the -dead line fo'r` contkcting
the property- owners' on -the' acquisitions.-
V. M. Broyles reporting on the drainage problem - in the Trailwood Drive area
stated the builder had not been found. I t was agreed by Mayor and Council the
City would take' -the'•responsibility -of correcting the•'drainage problem and if
necessary' the` channel would be r`elocated-. V'- M;' Broyles to follow through on
this.
Joe Sims reported the gravity lines had been completed -for the eastside sewer
sanitary"'facility•and' 'sewage could, be- directed, to' the, county systemas- of June
1,, '1972; All easements were turned' over to' City Attorney Berl =T.= Tate, tc be
recorded.-
Page 66 _. .
May 1, 1972
1
On the recommendation of the Streets Committee, Forster Puffe moved that
the low,bid from Trade City in. the amount of $2,638470 be accepted -for the
pick-up truck for the Supt. of Public Works. The motion was seconded by
Marston Tuck and voted unanimously.
Reporting on self-service gasoline stations, Marston Tuck stated a suit
is now pending in Bibb County and motioned that Council postpone indefinitely
a decision on this type gasoline; -station -within the City until the Bibb
County suit is settled. E. R. Coalson seconded the motion. After further
discussion, Forster Puffe amended the motion to have the License Committee
secure several ordinances of record adopted by other cities and make recom-
mendations•at the next meeting. C. 0. Canada seconded the motion. Vote
on the -motion and amendment was unanimous. Mayor J..C..Porterfield,re-
quested City Attorney Berl T. Tate to -checkout the suit pending in Bibb
County and report back at the next meeting.
lAn ORDINANCE,FOR THE CITY OF SMYRNA FOR SHOP LIFTING was read by Jack Miles..
The ordinance was -adopted on motion by Jack Miles with the addition of
"a fine not to exceed t300.00..•' The motion was seconded by Arthur T. Bacon
Land vote on the -motion was unanimous.
An ORDINANCE FOR THE CITY OF-SMYRNA FOR PUBLIC DRUNKENESS Ras read by
Jack Miles. The ordinance was adopted by unan"ous vote on motion,by
Jack Miles; seconded by Marston Tuck, with the addition of"a fine not to
exceed $100.00."
An ordinance on Parking Trucks over 3/4 Tons, and Parking,Trailers, was
reported in work along w,ith-a new traffic code.
City Attorney Bert T. Tate stated -the Noise Ordinance was very difficult due
.to -factory installed cutout mufflers, ete;-however, he -is still working on
it. -
On motion by Marston Tuck, seconded by E. R. Coalson,-the following water
and sewer rates were adopted for residential and businesses OUTSIDE .THE CITY:
Residential Water $3/50 1st 3,000 gal. 700/1000 thereafter
Sewer $4.00 flat rate
Businesses Water. $5.00/lat`3,000 gai., 70�/1000 thereafter
Sewer None on sewer
,The above rates -will be effective on the first reading after ,June 1, 1972.
LVote on the. motion was unanimous'..
New inside City rated on water and sewer will be discussed and/or adopted
at the -next -two Council Meetings.
On motion by Arthur T. Bacon,_seconded by` Forster•Puffe`, a privilege license,
retail wine, was granted for Larry Powell,.2526 South,Cobb Drive, Ski -Lodge
Restaurant & Lounge (formerly Bavarian Inn). The`vote was unanimous.
Ongmotion by Arthur T. Bacon,,seconded by C. 0.`Canada, a privilege license,
retail malt beverage (pouring) was granted,for Larry Powell, 2526 South Cobb'
Drive, Ski -Lodge Restaurant & Lounge (formerly Bavarian Inn). The vote
was unanimous.
Revision in the electrical permit forms was deferred in order that the
building, plumbing and heating and a`ir conditioning inspectors could meet
with the electrical inspector and the four could make recommendations which
would apply to all permits.
In the absence of Councilman Homer Kuhl, the request to retain wooded area
near Andover Apartments and removal of trash, rear of -the bowling alley, was
deferred.
Parks Chairman C. 0. Canada .reported all Councilmen had submitted names of
persons recommended to -serve on,the Parks -and Recreational Commission and a
ipeeting would be held this week. Mayor J. C. Porterfield requested the names
of those recommended be brought to the next meeting for Council Approval.
I J
Page 67
May 1, - 1972
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Councilman Arthur T. Bacon stated a meeting would beheld May-2,, 1972 at,
5:'00 P.M. with Dr. Hayes,, Ctairman of- the` Cobb County Planning Board, and*
urged'the,Mayor and all Councilmen to.attend. -Mr: Bacon also.stated he.,'
would. like .to get. copies of the 1956 Enabling: Act prilor, to the meeting:
Mr. J.. P,. Kidd said he would be glad to .furnish copies of the.act to Mr.:
Bacon. _
In regard to re -apportionment of wards, it was reported the legal descript-
ion was being typed and would -.be ready -by Friday_of(this-week. After -it has
been checked, the City Attorney will submit it to the Attorney General's
Office. .
Mayor J. C. Porterfield requested.all department heads to watchi.their-budgets
carefully and finish the year in the black if possible. Mayor Porterfield
called a meeting .of.. the Police.,. Fireyyand Financial Committees :fors Monday,
May 8, 1972,. at 7:30. P. M..,, and, asked".all other_ committee chairman to. statt
work of the budgets for the. new fiscal year... It was also mentioned that.&
check would be made with G:M.A. an- the Price Board in regard.to the'5.5`b
increase.
Approval .of.April .3rd,and,April .17th,.1972 Minutes was deferred -to the next
meeting.
The permanent..right-of-way deed;,for widening the north side of Fleming,Street
was submitted to City Attorney Berl T. Tate.
There was no report on up -dating the Code of Ordinances book.
On motion by Ci .,O. Canada; seconded by'Jack Miles, authority was granted"to
waive bid procedures the 1971 Ford tractor which had been rented since
December_ from.. the, Cobb County Tractor. Company. t ,The --price quoted. was $3400,
less $900:.already 'paid -An rental,. making :a::.total due of: $2500. - The vote'
on the motion was unanimous.. It was agreedithe entire $3400 would -.be charged':
to State Grants Funds. cr
Marston; Tuck.reported he was well.pleased with the recommendations of the
Southeastern, Fire Underwriters,,after.3theiri visit last week: Mr.i Tuck request-
ed permission to secure bids on two walkie talkies, the bids.to,be,opened
at the next meeting. A motion to secure bids was made by Marston Tuck and
seconded by.Jack)Miles. Vote on the,motion was unanimous. Action,will be
taken on the walkie talkies. -at .the,May,,:15, '1972;.mee.ting. _
Councilman Forster Puffe stated he would contact an agent from the Argonaut
Insurance, Company:, regarding the;method;we have been. following; in paying,_t
workman•s. compensation claims -, which were..$10,00; orr less with a, General, Fund
check.I W , a .1).
Meeting adjourned. 9:49 P. M. ,
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C. PORTERFIELD, MAYOR L. W. CHARLES,, CITY CLERK ,
.i d 1'i ^.1' 1..
7U,., J;r ?J i '7.. Jt:L/,,
MARSTON TUCK, COUNCILMAN WARD #1 FORMR PUFFS, C NCILMAN WA
S.
ARTHUR T. BACON, .COUNCILMAN WARD 9, 3' . " ' ... HOMER; KUHL...,.COUNCILMAN WARD,
COUINCII,MAN z WARD # 6
N RMAN JACK MILES, COUNCILMAN
WARD # 7