10-16-1972 Regular Meetingpage 105
Councilman Arthur T. Bacon called a meeting of the Malt Beverage
Committee -immediately following the Planning and Zoning Committee
meeting to be held October 3, 1972.
Councilman Jack Miles read an "Ordinance to Prevent Overnight Park-
ing of Vehicles in Residential Areas". On motion by Forster Puffe,
seconded by Jack Miles, the ordinance was amended to change "over-
night" to "between the hours 10:00 P. M. to 6:00 A. M.". and
"residential area" was changed to "residential street". Vote on
the amendment was unanimous. On motion by Forster Puffe the
ordinance was adopted as amended with a fine not to exceed $25.00
and the effective date to be November 19 1972. The motion was
seconded by Arthur T. Bacon and voted unanimously. Warning tickets
will be issued from this date until November 1.
On motion by C. 0. Canada, authorization was granted for the City to
buy the materials for the new addition to the engineers building and
Leon Hood would do the construction work for 15% of the cost of the
materials. The motion was seconded by Homer Kuhl. Vote on the motion
was seconded by Homer Kuhl. Vote on the motion was unanimous. The
above transactions are to handled through the Water Department.
The meeting adjourned at 8:40 P. M.
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OCTOBER 16, 1972
The regularly scheduled mid -month meeting of Mayor and Council was
held at City Hall, Smyrna, Georgia, on October 169 1972, at 7:30
o'clock P. M. , and called to order by presiding officer Mayor
John C. Porterfield. All Councilmen were present. Also present
were: L. W. Charles, 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,,epresentative of the Marietta Journal and WBIE.
Invocation was given by Councilman Jack Miles.
A zoning hearing was held on Lots 1, 13 and 14, Block C, Spring
Valley Subdivision, Unit #29 and known as 227 Dink Lane, 215 .
Pat Mel Road and 103 Mills Lane, from R-1 to District "C". There
was no oppos"ition-to.the rezoning. On motion by Ei'R Coalson,
seconeded by Forster Puffe, the property was rezoned as advertised
from R-1 to District "C". Vote,on the motion was unanimous.
Councilman Homer Kuhl reported that he had not been able to contact
Dr. W. T. Williams in regard to annexation of property located at
705 Concord Road. This item was deferred to the next meeting.
At the request of Mr. James Lee Brown, his property located in
Land Lot 847 and known as 2750 Hargrove Road, was annexed into
the City of Smyrna corporate limits under existing Cobb County
zoning (R-1) on motion by Homer Kuhl, seconded by Marston Tuck,
and made a part of Ward #1. Vote on the motion was unanimous.
On motion by Marston Tuck, seconded by Cr:O. Canada, Nobemver 6,
1972 was the date set for a zoning hearing on the above described
property located at 2750 Hargrove Road, from R-1 County to C-1
City of Smyrna. Vote on the motion was unanimous.
At the request of Mrs. Shirley Daniels, and on. --notion by Homer Kuhl,
seconded by Marston Tuck, November 6, 1972 was the date set for a
zoning hearing on property ,located at 890 Cherokee Trail from R-1
to C-1. Vote on the motion was unanimous.
}
One commercial building permit was submitted by building .inspector
Leon Hood and upon his recommendation, the following action is re-
corded: Two signs for Plumtree Apartments, 16, x 301, to replace
temporary signs. The permit was approved on motion by Marston Tuck.,
seconded by C 0. Canada. Vote on the motion was unanimous.
PAGE 106
City Attorney, Berl T. Tate, stated the Atlanta Road deeds, with the
exception of five or six, had been submitted to City Hall. It was
agreed that no contacts would be made until all deeds had been received.
Mayor John C. Porterfield reported that the State Highway Department
would allow open cutting on South Cobb Drive, except at Church Rd.,
in order to rebocate utilities, which would be a saving of approximately
$5500.00, and that approximately $30,000.00 of the total estimated
cost of $64,000.00 would be reimbursed by the State. Consultant
Engineer George Hardy stated revised estimates would be prepared and
submitted to the State Highway Department and when approved would be
returned to -the City., -November 7 was the date called out for letting
of bids for the construction.
Councilman Jack Miles reported the committee had reviewed the bids
on the four police cars and recommended the purchase of Fords al-
though the Ford bid is $88.88 above the lowest bid. Mr. Miles
stated that Fords were the preference of the Police Department, that
they had given excellent service in the past; and that parts were
stocked in the garage for Fords. On motion by Jack Miles, seconded
by C. 0. Canada, authority was granted to purchase the four police
cars fro Wade Ford at a cost of $3425.93 each. Vote on the motion
was five to two. Marston Tuck and E. R. Coalson opposed.
Councilman Marston Tuck reported the committee had reviewed the bids
on the new car for the Fire Chief and the committee on a two to one
vote recommended all bids be rejected. Mr. Tuck motioned that all
bids on the Fire Chief's car be rejected. The motion was seconded` '
by Arthur T. Bacon. Vote on the motion was six to one, Marston Tuck,
opposed. Marston Tuck motioned that specifications be re -drawn on
a new car for the Fire Chief and a copy sent to all companies respond-
ing to the first bid request, plus additional dealers in,lthe area.
The motion was seconded by Arthur T. Bacon and voted unanimously.
Four applications for retail liquor store licenses (package) were b
brought before Council and -action is recorded as follows:
*(1) Sam C. Theodocion, Belmont Package Store, 1195 Cherokee Rd.
The license was approved on motion by Arthur T. Bacon, seconded
by C. 0. Canada. Vote on the motion was six to one, -Homer
Kuhl, opposed.
(2) Sam C. Theodocion, Concord Liquor Store, 3505 No. Cooper Lk. Rd.
withdrawn.
(3) Edward V. Palmer, Sr., Cherokee Bottle Shop, next east at
Tenneco. Approved on motion by Arthur T. Bacon, seconded by
C. 0. Canada. Voting for the motion, Arthur T. Bacon, C. 0.
Canada, Jack Miles and Forster Puffe. Voting against the motion
Homer Kuhl; E. R. Coalson and Marston Tuck.
(4) Jerry Lee Willingham, Gresham Liquor Store, 2230 South Cobb
Drive. Approved on motion by Arthur T. Bacon, seconded by
C. 0. Canada. The vote was six to one, Homer Kuhl opposed.
The Comprehensive Zoning Ordinance of 1961 was amended is follows:
By adding to the uses permitted in Section 6 C-1 Local Commercial
District the following: "Retail stores for the sale of packaged
spirituous liquors'and for the sale of packaged or poured male bever-
ages and wines." The amendment was adopted on motion by Homer Kuhl
seconded by Forster Puffe-,,and voted unanimously.
Mayor-J. C. Porterfield reported the Future Land Use Study with J.
P.,Kidd and Associates had not been completed. The meeting scheduled
for October 17 was cancelled and rescheduled for October 23, 1972,
at 7:30 P. M. City Clerk L. W. Charles. -,to contact Mr. Kidd and con-
firm cancellation of the October 17 meeting.
councilman Forster Puffe stated he would like to meet with the City
Attorney to review the duties of the planning and zoning commission
and also would like to have something in writing as to election of
officers, term of office, etc. Mayor J. C. Porterfield requested e
each Councilman'to contact the person in his Ward who is serving on
the commission board and inform him of the cancellation of the Oct-
ober 17 meeting and to request that he attend the October 23 meeting
at 7:00 P M. -- thirty minutes prior to the regularly scheduled
meeting. Each Councilman was -also asked to furnish City Hall with
PAGE 107
the name, address, and telephone number, both business and residence,
of the person serving from his Ward in order that someone in City
Hall could notify them of future meetings.
Councilman Jack Miles distributed a copy of the printed program for
the Smyrna Centennial to each Councilman and stated the History and
Program Book should be finalized in about ten days.
Mayor J. C. Porterfield expressed appreciation to all those who have
worked so diligently on making the Centennial a success and requested
all Councilman to attend as many fuctions as possible during the entire
week.
Finance Chairman Homer Kuhl made the following comments in regard to
the financial.report for August:
(1) Street Department: Deficit of 55188.61, dump truck. This amount
included in budget, to be adjusted in September statement.
(2) Sanitation Department: Deficit $10,478.66, two trucks. This amount
included in budget for. September.
On motion by Homer Kuhl $100,000.00 of Water Revenue funds was invested
in Savings Certificates for a period of six months at 5 1/2%. The motion
was seconded by Jack Miles and voted unanimously.
On motion by Homer Kuhl, seconded by Jack Miles, $150,000.00 of the
1954 Sinking Funds was invested in -Savings Certificates for a period -of
six months at 5 1/2%. Vote on the motion was unanimous.
The matter of sub -contracting for garbage pick up at apartment complexes
was discussed. The amount of $1547.13 per month was set up in the budget
for this item. In July this expenditure amounted to $1879.50 and in Aug-
ust the amount was $2077.50. Mr. Kuhl stated he had discussed this matter
with the head of the Sanitation Department and the number of pick ups
would be reduced to come within the figure set up in the budget.
Councilman Jack Miles.stated the police committee met early in the year
and again on October 12 along with the City Attorney and discussed adop-
tion of "The Uniform Act Regulating Traffic on Highways of Georgia" and
all unanimously recommended its adoption. On motion by Jack Miles,
seconded by Forster Puffe, "The Uniform Act Regulating Traffic on
Highways of,Georgia'' was adopted with a fine of $15.00 minimum and $300.00
maximum, effective November 1, 1972 at 12:01 A. M. Vote on the motion
was unanimous. --�
A petition was submitted by Ralph W. Bryant to rezone property located
at the corner of Concord Road and Hollis Street and known per present
numbering system as 1061 Concord Road from District "C" to C-1
commercial. On motion by Homer Kuhl, seconded by Forester Puffe, the
hearing date was set for Nobemver 6, 1972. Vote on the motion was
unanimous. `Q-
A request was submitted by R. L. Williams, Executive Vice President,
Smyrna Federal Savings and Loan Association, to rezone property located
at 940 Cherokee Trail from R-1 residential to C-1 commercial. On motion
by Homer Kuhl, seconded by Forster Puffe, the hearing date was -)set for
November 6, 1972. Vote on the motion was unanimous.
The hearing date to rezone G. W. McCurdy property located at 2279 Benson
Poole Road from "C" to C-2 was set for November 6, 1972 on motion by
Forster Puffe, seconded by Homer Kuhl. Vote on the motion was unanimous.
A plat was submitted by building inspector Leon Hood on property located
at 2230 South Cobb Drive, ov:ner - Curtis McRae, requesting a variance in
the rear yard set back in order to add ten feet to the back of the present
structure for storage purposes. On motion,by-Forster Puffe, seconded by
C. 0. Canada, the variance was granted. Vote on the motion was unanimous.
On motion by Forster Puffe, secconded by Jack Miles, Mayor J. C. Porterfield
was authorized to sign the original plan of Edgemoore Woods Subdivision
with minor changes on lots 20, 21, and 22 Foxcliff Court. Vote on the
motion was unanimous.
On motion by Homer Kuhl, seconded by C. 0. Canada, Deerwood Unit-#5'
was approved as revised. Vote on the motion was unanimous.
r
PAGE 108 I
Mayor,J. C. Porterfield read a letter from Julian E. Buckner„ Director
of Army Instruction Cobb County•Public Schools, Austell, Georgia,
requesting permission to use the City Dump for a firing range for ROTC
students at South Cobb, Wills and Campbell. This matter was referred
to the police committee.
Mayor J. C. Porterfield stated he had been informed by GMA that
Smyrna would receive $67,686.00 in the revenue sharing program.
Councilman Arthur T. Bacon requested City Attorney Berl T. Tate to amend
the liquor ordinance to include placing of signs on buildings to conform
with the wine and malt beverage ordinances.
Councilman'Jack Miles requested a parade permit and motioned that one be
issued for the Centennial Parade to be held November 4,at 11:00 o'clock
A. M. The motion was seconded by Marston Tuck and voted unanimously.
Councilman Forster Puffe.requested'that the Civil.Defense bus be moved
from the maintenance area due to lack of space. Councilman Marston Tuck
to follow through on this.
It was agreed by Mayor and Council that any request for donations from the
City would be brought before Mayor and Council for approval.
Councilman Marston Tuck motioned that Mrs. Mazie Nelson be invited to the
Centennial Banquet as a guest of Mayor and Council. The motion was seconded
by E. R. Coal.son. Mayor Porterfield stated Mrs.. Nelson had already been
included as an honor guest. The motion and second was withdrawn.
Meeting adjourned at 9:16 P. M.
VLe"
ZkLj-
HN C. PORTERFIE109 MAYOR
MARSTON TUCK, COUNCILMAN
WARD
l /
C. 0. CANADA, COUNCILMAN
WARD # 5
V
HOMER KUHL, COUNCIIhIAN
WARD #4
L. W. CHARLES, CITY CLERK
o-� PJ/,
FO S ER PUFFE, C U CILMAN
WARD #2
ELBERT,TDALSON, COUNCILMAN
WARD #6
JACK NORMAN MILES,
COUNCILMAN WARD #7