06-05-1972 Regular MeetingPage 73
June 5, 1972
The regular meeting of Mayor and Council was held pursuant to the
Charter at City Hall, Georgia, June 5, 1972, at 7:30 o'clock P. M.t
and called to order -by presiding officer Mayor John C. Porterfield.
All Councilmen were present except C. 0. Canada of Ward No. 5.
Also present were: L. W. Charles, City Clerk, D. Scott Jackson, Asst.
City Clerk, Berl T. Tate, City Attorney.,-. J. E. David, Supt. of Public
Works, N. Proctor, Clerk, Leon Hood, Building Inspector,•George Hardy,
Consultant Engineer, and a representatiie of the Marietta press and WBIE.
Invocation was given by Councilman E. R. Coalson.
There were no complaints from citizens to be brought before Mayor and
Council.
Mr. J. P.• Kidd .of Kidd and Associates -reported on the progress of the
population and economic base study for the City of Suyrna. A meeting
was set up for June 22, 1972, at 7:00 P.-M.-for the Mayor and Council
to meet with Kidd and Associates and review the population and economic
base study and also<the land use study if it is ready at that time. -
Mr. Kidd also•stated that a•copy of By=Laws that could be used by the
City had been turned over to the'6ity Attorney.
Commercial building permits were submitted by building•inspector Leon
Hood and upon his recommendations, the -following action is recorded:
(1) Application by Dan L. Williams, Smyrna -Roswell Road, across from
Patterson Carpet Company, to'erect two buildings, a grocery in front and
warehouse in rear, the property being approximately 100' frontage and
475' in depth in Land Lot 634. The permit was granted on motion by
Arthur T.'Bacon, seconded by Marston Tuck, and voted unanimously.
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(2) Mr. Nick Souris requested a change from brick to metal structure
(Butler type building) with glass and brick front on the warehouse
building at 1418 Spring Street, due to his inability to obtain brick
at this -time. A letter<from Mr. Walter A. Gresh stating he had -no '
objection'to the substiture was'submitted to Mayor and Council. On -motion
by Marston Tuck, seconded by E. R. Coalson, the substitute in building
materials was approved. Vote on-the'motion was unanimous.
(3) Application by Crown Petroleum Corporation to build a service
station at the corner of Jonquil Drive and Spring Street. Approved on
motion by Arthur T. Bacon, seconded by Jack Miles. The vote was five
for the motion, Homer Kuhl abstained.
(4) Application by Bernard"Halpern;' extension of Belmont Hills Shopping
Center, Atlanta Street and Fleming, (one million dollar project).
Application approved -on motion by=Homer Kuhl, seconded -by Arthur T.
Bacon. Vote on the motion was unanimous.
Councilman Homer Kuhl reported he had checked with the State Highway
Department and learned <the re -survey tof the five rights ,of way not .yet
acquired by -the City on Concord and Love would be the responsibility
of the City. Mr. Kuhl -motioned -that the survey be done by MAyes,
Sudderth and Etheredge. The motion was seconded by Forster Puffe"and
voted unanimously. Consultant Engineer George Hardy stated in his
opinion the survey could:be completed by the end of this week.
Councilman,Forster=Puffe stated the five -property owners who had not
signed right-of-way deeds were: Dyar Eubanks, George W. K reeger; Otis
White, James Parks and Don Caswell. Also-ithe deed for the First
Methodist Church had not been -signed. Mayor J.) C. Porterfield stated
he would contact the proper officials on the church deed.
Consultant Engineer George Hardy reported the --line for the east side
sanitary sewer facility had been completed and the lift station should
be finished by the end of this week -and ready for'operation at that time.
Councilman Arthur T. Bacon stated it was a state law that the sale of
food in all establishments selling malt beverages•and wine must amount
Page 74
(CONTINUATION OF JUNE 5, 1972 MEETING)
to 51% of the total sales; Mr. Bacon recommended in, the, form off -a
motion, .that food sales :be increased to 55%'of total sales in these
establishments. The motion died for lack of a second. Councilman
Homer Kuhl moved that the sale of food be increased from 51% to 607e
of total sales in all establishments where malt beverages and wine
are sold. The motion was seconded by Jack Mileswhich.carried,on a
four to two vote., Voting for the motion: Homer�Kuhl, Jack Mile$, ;
Marston Tuck and E. R: Coalson. Voting against the motion; Arthur T.
Oacon and Forster Puffe.
A petition was submitted to Mayor and Council to annex property known
as 715 Concord Road. On motion by Forster Puffe the property was
annexed into the corporate limits of the City of Smyrna under present
Cobb County zoning, C-1 commercial, and made a part of Ward No. 7.
The motion was seconded by Arthur T. Bacon and voted unanimou§ly..
A petition was submitted by W. M. Reed -and Porter Campbell to annex
property•into the City known as 752 Joneshaw Road, located -in Land Lot
302. ills. Robert Martin, representing the petitioners, stated the county
had agreed they could tap on to county sewage. The annexation was
granted on motion by Arthur T. Bacon, seconded by Forster Puffe,
and made a part of Ward No. 6. Vote on the motion was five to one,
Homer Kuhl opposed. The -property was annexed into the City -per present
Cobb County zoning, C-2 commercial.
Malt beverage and wine applications were submitted for Council.action
and are recorded as follows, -all applicants having been checked by the
police department and approved by the malt beverage committee:
(1) Robert H. Martin, 752 Joneshaw Road, Malt Beverage (pouring),
Retail Wine (pouring). Approved on motion by Arthur T. Bacon, seconded
by Forster Puffe. The vote was five to one, Homer Kuhl opposed.
(2) Geraldine Dilbeck, 2512 Spring Road, Big Apple, Retail- Wine
(package). Approved on motion by Arthur T. Bacon, seconded by Forster
Puffe. The vote was four to two, Homer Kuhl and Marston Tuck opposed.
(3) Lillie W. Sims, 2539 Old Concord Road, 7-Eleven, Retail Wine
(package), and approval of new manager. Approved on five to one vote
on mot'ion'by Arthur T.Bacon,'seconded by Forster Puffe. Homer -Kuhl,
opposed. -
(4) Henry Carson, 2381 Benson Poole, Majik Market, Retail,Wine,
(package). Approved on motion by Arthur T. Bacon, seconded by Marston
Tuck. The vote was five to one, Homer Kuhl opposed.
(5) Donald L. Hall, 715•Concord Road, Retail malt beverage (pouring);
and Retail wine (pouring). Approved on five to one vote on•motion by
Arthur T. Bacon, seconded by Marston Tuck. Homer Kuhl, opposed.
(6) W. H. Carson, 2640-Herodian Way, Majik Market, Retail malt
beverage•(package),,Retail wine (package). Approved on motion by
Arthur T., Bacon, seconded by Marston Tuck. The vote was.five.to one,
Homer Kuhl, opposed.
(7) Marshall Nalley, 510 Concord Road, 7-Eleven, Retail malt beveragat
(package), Retail wine (package), and approval of new manager. Approved
on motion by Arthur T; Bacon, seconded by Forster Puffe. The vote was
five to one, Homer Kuhl, opposed.
Bids were received and opened in Council meeting on two walkie-talkie
radios and recorded as follows:
Motorola Communications and Electronics, Inc.:
Single frequency, 1.5 watt • 420.00
Single unit charger 35.00
Two frequency, 1.5 watt— 480.00
Georgia Two -Way, Inc.:
Single frequency, 2.2 watt 602.00
Two frequency, 2.2 watt 642.00
Page 75
(CONTINUATION OF JUNE 5, 1972 MEETING)
Single frequency, 4.4 watt 627.0,0
Two frequency, 4.4 667.. OQ
Dual battery charger 35.00.
On motion by Marston'Tuck,' the,.Motorola bid was accepted for a two ,
frequency, V.5 watt radio, $480.,00, and charger, $35.00. The'motion
was seconded by Arthur T. Bacon and vote on the motion was unanimous.
Committee report on water and sewer rates, inside City residential, was
deferred.
Councilman Forster Puffe.:reported the planning and zoning committee
would like to make the following recommendations in regard to the
Planning and Zoning Commission:
(1) That the Commission consist of .five members.
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(2) That each Councilman submit two names to the committee of persons
residing within the City who have the time and desire to serve on
the Commission; however, need not come from the Councilman•s
respective ward. Each application must be accompanied;by complete
resume.
(3) The committee -will then select five persons to serve staggered
terms on the Commission to be approved by Council. No ward shall
have more than two members serving on -the committee. The Mayor
and the three Councilmen making.up the Planning Board Committee
shall serve�ds ex-officio members of the Commission. At leaAt
..one ex-officio member must attend all called zoning meetings.
(4) The members of the Commission shall elect from this body a chair-
man and vice-chairman. The Council will hire a non -voting
secretary to serve on the Commission, preferably the same person
who takes zoning applications.
(5) That zoning -fees -should be established so that the Commission
will be self sustaining. That each -Member be paid -a fee of $20.00
per regular zoning meeting and $10.00 per meeting to attend the
Metro Planning Committee;
City Attorney'Berl T. Tate was' of :the _opinion • a Board • of Appeals would
also have to be appointed. Mr..Tate•was requested to check -the 1956,
Enabling Act to determine if a Board of Appeals is necessary under the
that Act, also to report backrto Mayor•Porterfield "on how members
should be appointed-. Councilman Puffe recommended that all names, g1th,z
complete resume, be submitted at the next Council meeting.
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It was reported,that the legal description regarding -re -apportion-
ment of wards had,been completed; however, additional' legal papers
to be signed by the committee, which must accompany the legal des-
cription, have not been completed.
Committee report on revised compresensive zoning codes was deferred.
On motion by Forster Puffe, seconded by Homer Kuhl, an increase from
$10.00 to $20.00 to pay workman:.compensation claims $20.00 ;or ,under
from General Fund was approved, effectively immediately. Vote on the
motion was unanimous:
Finance Chairman Homer Kuhl reported the Garage, Streets, and Sewerage
Treatment Departments were in the red in addition to Sanitation, and
requested all department heads to be.very careful on:all expenditures
for the remainder of the fiscal year.
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Page 76
(CONTINUATION OF JUNE 5, 1972 MEETING) .
Mr. Kuhl, reporting on fiscal budgets for.197V73, stated the police,
streets, maintenance and library budgets had.been completed; that he
would meet with the sanitation committee Tuesday evening at 7:00
o'clock,'with the fire department committee on -Friday, and with the
water department committee Thursday at 6:00 P. M. The budgets for
parks, garage and sewerage treatment reported in work. The June 12
budget meeting was postponed to Thursday,,June i% at 6:00 o'clock P. M.
On motion by Jack Miles, seconded by E. R. Coalson, the May 1, 1972
Minutes -were approved- as submitted.- The vote was -five for ,the motion,
Homer Kuhl, abstained.
On motion by Arthur T. Bacon,'.seconded by Jack Miles, the May 15, 1972
minutes were approved asisubmitted. Vote,on the motion was unanimous.
A petition was submitted by Mr. Charles F. Brown to annex into the City
of Smyrna property located at ,2770 Hargrove: -Road iin Land,Lot 847.
On motion by Forster Puffe, seconded by Jack Miles, the property was
annexed into the City; with present Cobb County zoning, R-1, and made.
a part of Ward No. 1. Vote 'on the motion'was unanimous.
At the request of Mr. Charles F. Brown, a date was set for July 10,
1972, for a hearing to rezone the above property on Hargrove .Road from
R-1 to C-1. The motion to set the hearing date was made by Marston
Tuck, seconded by Jack Miles. Vote on the motion was unanimous.
A request to rezone property located at 915 Cherokee Road at the corner
of Beaver Creek Road, was made,by..H. L. Scoggins, Agent, for the petit
tioner. On motion by Marston Tuck, sedonded by Jack Miles, hearing
date to consider the rezoning from R-1 residential to C-1 commercial,
dental office, was set for July 10, 1972 meeting. Vote on the motion
was unanimous.
Under Department Repdrts:
Arthur T. Bacon requested permission to check with'Z. E. David and
Vic Broyles on usage of the sanitary land fill•by the Evening
Optimist Club for:rifle,range practice.
Forster Puffe asked when the county would be able to come into the
City to pick up stray dogs. Mayor Porterfield stated the effective
date would probably be July�l, 1972; however, the City would be
notified of the exact date by the county..
Forster'Puffe stated he had contracted Public Research and Manage-
ment, Inc. in'regard to up -dating the,Code of -Ordinances and had been
quoted a price.of'$7.00 per page per fifty copies. Mr. Puffe motion-
ed that Council approve up-datiTig the Ordinances by Public Research
and Management through June 30, 1972 at the price quoted, and be-
ginning July 1, 1972 the City Attorney determine the proper.procedute
tokkeep the Ordinances up -dated. The -motion was seconded by Marston
Tuck and voted unanimously. W
Forster Puffe stated, in Mr. Canada's absence, he had contacted the
persons approved to serve on the Parks and Recreational Commission
and had called a meeting with them -for Tuesday, June 13, 1972, at
7:30 P. M., and urged the Mayor and all Councilmen to attend.'
Mayor John C. Porterfield stated an ordinance on self=service
gasoline stations would probably be ready by the next Council
Meeting.
•
Meeting adjourned 9:30 o'clock P. M.
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Page 77
(CONTINUATION OF JUNE 5, 1972 MEETING)
.,am C. P09TERFITUAnt MA
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MARSTON TUCK, COUNCIUMN WARD #1
L. W. CHARLES, CITY CLERK
ARTHUR T. BACON COUNCIWAN WARD #3 H ER KUHL COUN TMN WARD #4
C. 0. CANADA, COUNGIrN WARD #5 ELBERT COXLSON, C NCILMAN WART
NORMAN(JACK) MILES,
CGUNCIDUff-
WARD, #7
#2
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