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09-18-1972 Regular Meeting. PAGE 99 September 18, 1972 The regularly scheduled mid -month meeting was held at City Hall, Smyrna, Georgia, on -September 18, 1972, at 7:30 61clock P. M., and called to order by presiding officer Mayor John.C. Porterfield. All Councilmen were present. Also present were: 1,. W. Charles-, City Clerk, D. S. Jackson, Asst. City Clerk, Berl T. Tate, -City Attorney, Leon Hood, Building Inspector, C. C. Porterfield, Smyrna Fire ' Chief, J. E. David, Public Works Supt, V. M. Broyles, Asst. Public Works Supt., N. Proctor, Clerk, George -Hardy, Consultant Engineer, and a representative of WBIE. Znvocation was by Councilman Homer Kuhl. A petition was submitted by. Messrs. Jerry Jernigan, Richard V. Goss and Billy G. Anderson, to rezone Lots 1, 13 and 14, Block C. Spring Valley Subdivision, from R-1 residential to District "C" commercial. On moti-on by Homer Kuhl, seconded by E. R. Coalson-, October 16, 1972 was the date set to hold the public hearing. Vote on the motion was unanimous. J. E. David, Public Works, Supt., reported therewas no sewer line in Concord Road at the office of Dr. W. T. Williams, 705 Concord -Road, Smyrna, Georgia. Annexation of this prop- erty was deferred to the October 2, 1972 meeting. It was recommended that Mr. Roy Free be contacted in regard to installation of sewer facilities in Bennett Woods, Unit #&, (33 houses). J. E. David submitted figure ' s on estimated costs of materials at $12,750.93. Two bids on installation. were submitted, one in the amount of $7,795.00 and one in the amount of $7,963.00. The City has previously instalIed the lines but at present does not have the equipment to do this work. Annexation of this property was also deferred to the next meeting. Consideration by Council to waive set backs at Lee and Forest Drive at the request of Mr. William Maddox was dropped from the Agenda since Mr. Maddox did not appear at this meeting nor the September 5, 1972 me.eting. The rights of way on the Concord -Love connector were reported in the hands of the City Attorney and should be ready for Mayor and Council certification by Wednesday of this week. City Attorney Berl T. Tate stated he would have a list of all right of way acquisitions on Atlanta Road ready to be turned, over to the Street Committee by the end of this month. A decision on South Cobb Drive utilities was deferred until it could be determined whether an open cut could be made or if it would be necessary to bore under South Cobb. - An ordinance to control the sale of packaged spirituous liquor was discussed. City Attorney Berl T. Tate stated the only changes made in the revised ordinance were the ones approved in the committee meeting. Arthur T. Bacon moved the ordinance be adopted as submitted. C. 0. Canada seconded the motion. Marston Tuck opposed the wording in Section 19-2016 and also the distance requirements for a residence in Section 10-.201.2. -Homer Kuhl motioned that Section-19-2013 be amended to iea-d-`.... within 600 feet from any church" rather than 300 feet. E. R. Coalson seconded the motion. The motion and second was withdrawn-. - Marston Tuck motioned that Section 19-2001(g) be amended as follows: "Distance" shall mean the measurement in lineal feet from the building of the proposed -premises of licensee to the nearest building of any church, library, school, college, public housing, public hospital or private residence PAGE 100 rz" and 7f rom the property- line. of any_ public park. The motion was seconded by Homer Kuhl and the vote was unanimous. On motion, by,. Homerk Kuhl; -,seconde&,,by.-F,.­.R. Coalsony, Se.c.tion 19 -� 2013 was. amen.'ded, t o re ad 6 0.0. f eet,, -f r.6m- -any., chu ' rch" rather than 300 feet. The motion carried on afour,*,to,,1 three vote. Voting for the motion-, Marston * Tuck, Homer Kuhl., Jack ' Miles and E. R. Coalson Voting against the motion, Forster Puffe, C. 0. Canada and Arthur T. Bacon. Coun-cilman ' Homer Kuhl motioned that Section 19-2012.be. amended to read 11..*.wi:thi'n 300 feet of any land zoned for any residential c ' lassification" rather than 250.feet. The motion was seconded by Marston Tuck which lost. Voting for the motion, �iomer Kuhl, Marston Tuck, E. R. Coalson. Voting against the motion, Arthur T. Bacon, C. 0. Canada., Forster Puffe and Jack Miles. Arthur T. Bacon motioned we adopt the ordinance as amended at this meeting. C. 0. Candda s ' econded the motion which arried six to one. Homer Kuhl opposed. Councilman Homer Kuhl motioned that Council waive the bid procedure on the purcha ' se of a.back hoe for the water department. The motion was seconded by Jack Miles and the voie w*as unanimous.by six Councilmen; C. 0. Canada having Peen excused from the meeting prior to the vote. The cost of the back hoe new was listed as $14,789.00. Trade in allowance on the old machine was $6,639.00. Pur- chase price (after rental at �750 per month for four months $3,000.00) was listed as $5,500.00. It was agreed by Mayor and Council that the procedure in*the future on rental equipment would be to discuss the matter with the committee for the department and the commi ' ttee woul� bring it to the attention of.Mayor and Council at t�e next meeting. Council- man -Homer Kuhl motioned that the back hoe for the water department be purchased from International Harvester at a cost of $5,500.00. The motion was seconded by Jack Miles and voted unanimously. Councilman Jack Miles reported that no invitations were mailed out for bids on the 1969 detective car which had been surplused. Since there were varied opinions as to what was wrong with the car, J. E. David was instructed to have the garage mechanic take the head off during the next week to determine exactly what condition the car was in and then report to the police chairman. An * application was submitted for a wine license (package) at Cruise Grocery, Six Points, 1635 Roswell Street. All requirements having been met, Arthur T. Bacon moved the license be approved. The motion was seconded by Forster Puffe. Vote on the motion.was five to.one, Homer Kuhl ppposea. City Attorney Berl T. Tate reported * he was ready to hear the suit brought by Tenneco on Thursday, September 21,1972. Mr. Tate stated he would discuss the matter further with the Mayor, �Lnd.Maypr Porterfield in turn stated he would contact all Councilmen on Thursday. Mr. Marvin Collins, represent-ing Mr. J. P. Kidd, asked Council to set a date during the.f ' irst week in October .when plans could be presented. Tuesday, October 3, 1972, at 7:30 o'clock P. M.., was t�e aate*agreed upon. This meeting should wrap up the existing land use study, population and economic study in the first half of the meeting and in the second half the future land use study will be discussed. Mayor Porterfield stated the planning and zoning commission would be inirited to this meeting. PAGE 101 Per request of Mr. Collins, Council also extended an invi- tation to Mr. Kidd to be present at the next Council Meeting to be held October 2, 1972 for the purpose of explaining the next phase of the 701 program for the fiscal year 1974. Mr. Collins further stated that Mr. Nick Bonsanque would' be glad to attend the October 3, 1972 meeting,, or a special meeting, to discuss the state and federal law of the 701 program. It was agreed Mr. Bons.anque should attend the October 3 meeting. Mayor Porterfield will write a letter to Gen. Lewis W. Truman requesting that Mr. Bonsanque be in -attendance at this meeting. On motion by Forster Puffe, Council authorized payment of $10.00 per meetin'g to members of the planning and zoning commission until such time as -permanent legislation is adopted. After adoption of permanent legislation, the amount paid each member per,meeting would be $20.00,� The motion was seconded by Jack Miles and vote on the motion was unanimous. The Georgia Parks and Recreation Commis.sion met with members of the Smyrna Parks and Recreation Commission and reported on services the state could furnish the City. A final report will be made up and submitted to Mayor and Council. It was estimated that it would take approximately ninety days from' the present time to have the repo�t back in City Hall. Councilman Forster Puffe read an Ordinance Creating a Parks and Recreation Commission for the City� of Smyrna. On motion by Forster Puffe, seconded by Marston Tuck, the ordinance was adopted as submitted. Vote on the motion was unanimous. __j Councilman Jack Miles reported the Smyrna Centennial Committee had been very active, meeting each Wednesday' night, pl�Ls many other special meetings, and that he was well pleased with the progress that had been made and thought we would have a very good Centennial. Councilman Homer Kuhl moved for adoption of an ordinance giving the Smyrna Centennial Committee authority to sell permits for those without beards at $2.00. The motion was seconded by E. R. Coalson. Vote on the motion was three for and three against. Mayor Porterfield broke the tie by voting against the motion. A second motion was made by Arthur T. Bacon to adopt an ordinance giving the Smyrna Centennial Committee authority to s�ll permits for $5.00 each for those without beards. The motion was seconded by Jack Miles and carried by Unanimous vote. Councilman Homer Kuhl stated he had discussed the financial reports with fouw department heads whose departments were in the red in Ju*y and he thought the next report would show some corrections. The change in garbage rated from $1.00 to $1.50 was deferred. It was agreed a meeting would be set up to review the audit as soon as copies were rec�ived from Perry and Pate. Mayor J. C. Porterfield extended an invitation to Council to attend the following functions: C September 22, Ground Breaking for Hospital, 4:30 P. M. September 26, Optimists An�ual Banquet September 26, Cobb Municipal Association meeting, Marietta Country Club (reservations to be made by City Clerk) September 28, 7th District G.M.A Meeting, 6:15 P. M. (All tb attend except Mr. Puffe) PAGE 102 Forster Puffe reported a number of motorcy.cles being driven around and -near the tennis courts in the City. Th3is was referred to the police committee for report -back at the next meeting. Councilman Jack Miles reported that around ' 40 illegal parking tickets were issued over the weekend by the police department�. These tickets were to be warnings only, the fines to be effective October 1, 1972. On motion by Homer Kuhl, seconded by Forster Puffe, all package and bottle stores would only be permitted -in a C-1 classification. Vote on the motion was unanimous. The zoning classification hearing to cover liquor, beer and wine to be held on October 16, 1972. The meeting adjourned at 9:22 P. M. IN C. PORTERFFELD, MAYOR L. W. CHARLES CITY CLERF .7 7 'M; MARSTON TUCK, COUNCIIMAN I WARD # 1 A 'UUUNUIIZIAN �KTHUR T. D #3 C. 0. CAN DA, COUNCIIMAN---- WARD # 5' e7i� ta—, TFOA9rER PUFFE,I/ , UNCILMAI WARD #2 H091YIER'KUHL, C C I UMUA N WARD #4 LSON, COUNCILM WARD # 6 (JACK) NORMAN MILES, COU9CILMAN WARD # 7 r