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
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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.
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C. 0. CAN DA, COUNCIIMAN----
WARD # 5'
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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
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