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07-24-1972 Regular MeetingPage 84 July 24, 1972 The regularly scheduled mid -month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, July 24, 1972, at 7:30 o'clock P. M. and called to order by presiding officer Mayor John C. Porter- field. All Councilmen were present. Also present were: L. W. Charles, City Clerk, D. S. Jackson, Asst. City Clerk, J. E. David, Public Works Supt., V. M. Broyles, Asst. Public Works Suit., Leon Hood,,Building Inspector, C. C. Porterfield, Chief Fire Department, Dick Willis, Consultant Engineer, and a representative of the Marietta press and WBIE. N. Proctor was on vacation. Invocation was given by Councilman Homer Kuhl. Mr. Craig Van Dussen of J. P. Kidd and Associates gave a status,re- port on the work which had -been done on the "Future Smyrna Land Use Map" and asked that a date be set for Mayor and Counoil to re- view the population and economic base study. Tuesday, August 22, 1972, at 7:30'o•clock P. M.,•was the date set for Mayor and Council to meet with J. P. Kidd and Associates. Mr. Bill Trail, representing the Parks and Recreation Commission, requested permission to engage in a survey of the Smyrna parks. facilities, the survey to be conducted by the Georgia Parks Commiss- ion at no cost to the City.; It -was agreed that a letter,from Mayor. and Council requesting these services by the Georgia Parks Commiss- ion would be prepared and mailed.July 25, 1972. A petition -was submitted to Mayor and Council requesting consideration to zone to District "C", numbers 220, 230, 240, and 248, Pat Mell Road. On motion by Homer Kuhl,seconded by -Arthur T. Bacon, August 21, 1972 was the date set for the hearing to rezone the above named parcels from,R-1 to District "C". Vote on.the motion was unanimous. A public hearing for a retail malt beverage license, Tenneco Food Store, Cherokee and Ward Street was next on the Agenda. Attorney Douglas Mann represented the petitioner and stated he,would like sworn evidence and -called Mr., Berl Wright, Supervisor of Tenneco Oil Company in the Smyrna and Marietta -area, before Mayor and Council. Attorney Mann questioned Mr. Wright as to making proper application for a malt beverage license, proper advertising, and if all conditions of the ordinance had been met. Mr. Wright replied all requirements had been complied with,so far as he knew. Councilman Arthur T. Bacon motioned that -since all requirements,had.been met, the license be approved. Councilman Forster Puffe seconded the motion. Bruce Neubauer appeared before Mayor and Council in opposition to issuance of the license 'and submitted a -petition signed by 24-residents in ,the area stating the location was "unsuitable because of the near- ness of Nash Judior and Wills High School." City Attorney Berl T. Tate reminded Council that to deny a malt beverage license to some- one meeting all ordinance requirements is discriminatory and that this type license is no longer considered a privilege license by the courts. Councilman C. 0., Canada objected -to issuance of,the license due to the number of young'people frequenting the store. The motion lost on a four to three vote. Voting for the motion, Arthur T."Bacon, Jack Miles, Forster.Puffe. Voting against the motion, Homer Kuhl, C. 0. Canada, E. R. Coalson and Martson Tuck. Sealed bids'for a new car forthe police detective department were opened and are recorded as foll'ows:il Day's Chevrolet, Acworth $3,633.66 Leiphart Chevvrolet, Atlanta 3,385.26 Marietta Dodge, Marietta (light gold)3,604.50 Marietta Dodge, Marietta (metallic gold) .39659.00 Wade Ford, Atlanta 3,486.92, On motion by Marston Tuck, seconded -by Jack Milesl; the bids were re- ferred to the police committee with authority to act on the low bid. Vote on the motion was unanimous. Sealed bids on two trash trucks for the sanitation department and one dump truck for the street department were opened and are recorded as follows: Page 85 (CONTINUATION OF JULY 24, 1072 MEETING) Capital Ford Truck Sales, Inc., Atlanta (Trash truck) $ 5,245.53 (Trash truck) 1 5,233.13 (Dump truck) 5,741.94 The,bids were.referred back to the respective committees for re- view and to obtain further information and report back•at the next meeting. Bids on the above trucks were requested from Strother, Wade, Capital and Beaudry. Mayor,John C. Porterfield asked that in the future the Agenda show the names of the companies mailed specifications for bids. On the recommeddation of V. M.. Broyles, and on motion by Arthur T. Bacon,.seconded by C. 0. Canada, the F 800 Ford 1965 Garbage Truck. #5, was declared surplus'for sale or trade. Vote -on the motion was unanimous. Commercial building permits were submitted.by.building inspector, Leon Hood and upon his recommendations, the following,action is recorded: (1) E. Y. Smith, add 121 x 249 concrete block building to the east side"of his office, 1311 Hawthorne -Street. Approved on motion by C. 0. Canada, seconded by Arthur T. Bacon,.and voted unanimously. (2) D. H. Stokes, erect 8000 sq; ft. single story building to -be divided into approximately seven retail stores, 2620 South Four Lane. The permit was approved on motion by Arthur T. Bacon subject to Mr. Stokes deeding the.City of 'Smyrna twenty additional feet of right: -of -way on the east side of Hargrove Road; the City in turn. would waive the rear yard set back.iaccordingly. The motion was seconded by Forster Puffe and vote on"the notion was unanimous, Mr. Stokes agreed to deed the City 20 additional feet for r.o.w. , A request was made by Mobil Oil Company for an extension of their building permit, Joneshaw and South Cobb Drive, for a period of six months. The extension was granted on motion by Marston Tuck, .'seconded by E. R. Coalson. Vote on.the motion was unanimous. A request was made by, Tei►neco Oil Company, for an extension of their building permit; King Springs and Concord Road, for a period of six months. The extension was granted on motion by Marston --Tuck, seconded by Jack Miles. Vote on the motion was -unanimous. Councilman•Forster Puffe reported he was working wihh the remain- ing five hoine owners on Concord and Love Streets who.had not -signed right-of-way deeds and should have a final answer by the next meeting:; Mr. Dick Willis, Consultant Engineer, reported the county line should be completed for tie in with the eastside sewer system7on July 31, 1972. On motion by Homer Kuhl, seconded by Jack Miles, a rate of,$200.00 for the first tap on fee and $50.00 for each additional tap, was approved for the seven stores.to be built by D. L. Stokes'; 2620 South Four Lane at Hargrove Road. Vote on the motion,was unanimous. The surface water drainage problem at the west side of Belm6ntIHills Shopping Center Expansion was discussed. Public Works Superintend- ent J. E. Davis stated the back hoe:,was used Wednesday on the east side at the north end of the Dyer property and he thought this would cprrect the problem until the pipe is installed. Mayor Porterfield stated Mr. Bernard Halpern had agreed to take care of any damages to the Dyer property. , Mayor J. C. Porterfield reported that the names of several persons recommended to serve on -the Planning and Zoning Commission had been submitted without a resume and that Friday, July 28, would be the dead line for submitting the resumes. Page 86 (CONTINUATION OF JULY 24, 1972 MEETING) M There was no report from the Parks and Recreation Commission. June 19, 1972 Minutes were approved as submitted on motion by Homer Kuhl, seconded by C. 0. Canada. The vote was four for the motion, Homer Kuhl, C. 0. Canada, Arthur T. Bacon and Jack Miles. Marston:_ Tuck, Forster Puffe and E. R. Coalson abstained. On motion by Marston Tuck, seconded by Homer Kuhl, September 5, 1972 was the date set for the first meeting in September. The vote was six to one, Forster Puffe, opposed. Mayor J. C: Porterfield called a meeting of the Centennial Committee immediately following Council Meeting. Mayor J. C. Porterfield stated the Animal Control Ordinance went into effect July 5, 1972 and a vehicle is in Smyrna full time. Any complaints should be referred to Rabies Control, Cobb County;. It was reported:,that a member of Public Reseairch and Management firm would contact City officials within the next week in regard to cost of up dating the Code of Ordinances.through June, 1972. On the recommendation of J. E. David, Councilman Forster Puffe motioned that State Grants funds be appropriated in the amount of $1899.00 to update traffic light at Fleming and Atlanta Street, and $590.00 for Cherokee and Old 41 light to meet new state spec- ifications. The motion was seconded by Homer Kuhl and voted un- animously. Mayor J. C. Porterfield read a letter from Pete Wood as follows: "Smyrna, Georgia July 17, 1972 Mayor and Council City of Smyrna City Hall Smyrna, Georgia Dear Sirs: We are grateful for the honor that you bestowed upon our Dad by dedicating Jonquil Park to his memory. He loved the City of Smyrna and was always so prodd that he lived here. Of all:.his activities, we believe that he enjoyed his work on City Council most. On behalf of Mother and the other members of our family, we express our deepest appreciation to each of you. If we can be of service to you individually or as a group, please do call upon us. Sincerely, /s/ Pete Wood Meeting adjourned 8:45 P. M. MARSTON TUCK, COUNCILMAN WARD #1 L. W. CHARLES, CITY CLERK FORSTER PUFFE, CO N N WARD #2 Page 87 (CONTINUATION OF JULY 24, 1972yMEETING) ARTHUR T. BACON,CSJNCILMAN WARD #3 ER KUHL, COUNCILMAN W&RD4 _ C 0. CANA COUNCILMAN WARD #5 ERT COALSON, COUNCILMAN, WARD #6 NOEHAN JACK MILES, COUNCILMAN . 1 WARD #7 c c 0 r j