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11-17-1975 Regular Meeting355 November 17, 1975 The regular scheduled mid -monthly meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, November 17, 1975, and called to order at 7:30 o'clock P. M. by presiding officer Mayor John Porterfield. All Councilmen were present. Also present were L. W. Charles, City Clerk, Willouise Spivey, Assistant City Clerk, Nora Proctor, Clerk, James E. David, Supt. of Public Works, Lee Silver, Director of Parks and Recreation, Leon Hood, Building Inspector, Berl Tate, City Attorney, George Hardy of Mayes, Sudderth and Etheredge and representatives of the press. Invocation was given by Councilman Homer Kuhl, followed by the Pledge to the Flag. Bids for the 1/2 ton pickup truck for opened, read and recorded as follows: Trade City Motors John Smith Chevrolet Anderson Motors Day's Chevrolet the sanitation department were received, On motion by Homer -Kuhl, seconded by Forster sanitation committee with authority to act o unanimous. $4,496.21 4,092.71 �4,260.00 3,867.94 Puffe, bids were the lowest bid. referred to the The vote was On motion by Marston Tuck, seconded by Forster Puffe, the bid for installing the traffic signal at Spring Road and Glenroy Drive was awarded to the lowest bidder, A. & P. Signal Company, in the amount of $4,050.00. Vote on the motion was unanimous. Earle Cochran made a.motion to amend Article VII.of the Zoning Ordinance as follows: Section 712- G.C. - General.Commercial District, to aCd after 712.41: 712.42 - Archery and Gun Range (indoor). The motion was seconded by Marston Tuck and the vote was unanimous. Forster Puffe made a motion to amend Section 20-1014, paragraph (h) of the Wine Ordinance to read as follows: "That any portion of the lot upon which wine is to be sold is located within three hundred feet of any church.building, school building, public or private, said measurement to be made from front door to front door by the nearest means of travel. A map showing distances and locations must be furnished by a registered surveyor or engineer." ...... Jerry Mills seconded the motion. Marston Tuck motioned to table the amendment until the next meeting. The motion to table was defeated four to three. After discussion, the vote on the motion to amend the ordinance was four to three. Voting for the motion was Forster Puffe, Jerry Mills, Elbert Coalson and C. 0. Canada. Voting against the motion was Earle Cochran, Marston Tuck and Homer Kuhl. On notion by Forster Puffe, seconded by Jerry Mills, Section 20-1014, paragraph (i) of the Wine Ordinance was amended as follows: "That any portion of the lot upon which wine is to be sold is located within two hundred feet of any"lands zoned for any residential classification, whether located within the City of Smyrna or Cobb County, Georgia, said distance to be measured from front door to front door by the nearest means of travel. A map showing distances and locations must be furnished by a registered surveyor of engineer." Vote on the motion was four to three. Voting for the motion, Forster Puffe, Jerry Mills, C. 0. Canada and E. R. Coalson. Voting against the motion, Earle Cochran, Homer Kuhl and Marston Tuck. On motion by Forster Puffe, seconded by Jerry Mills, the following paragraph (o) was added to section 20-1014 of the Wine Ordinance: "Nearest means of travel shall mean normal route of ingress and eeress of the properties in question." The motion carried on a four to three vote. Voting for the motion was Forster Puffe, Jerry Mills, C. 0. Canada and E. R. Coalson. Voting against the motion was Earle Cochran, Homer Kuhl and Marston Tuck. Forster Puffe motioned that Section 18-1015, paragraph (h) of the Malt Beverage Ordinance be amended as follows: "That any portion of the lot upon which malt beverage is to be sold is located within three hundred feet of any church building, school building, public or private, said measurement to be made from front door to front door by the nearest means of 356 travel. A map showing distances and locations must be furnished by a registered surveyor or engineer:'......... Jerry Mills seconded'the motion. The motion carried. 'Voting for, Forster Puffe, Jerry Mills, E. R. Coalson and C. 0. Canada. Voting against, Homer Kuhl, Earle Cochran and Marston Tuck.' On motion by Forster Puffe, seconded by Jerry Mills, Section 18-1015 of the Malt Beverage Ordinance was amended as follows: (i) "That any portion of the lot upon which malt beverage is to be sold is located within two hundred feet of any lands zoned for any residential classification, whether located within the City of Smyrna or Cobb County, Georgia, said distance to be measured front door to front door by the nearest means of travel. A map showing distances and locations must be furnished by a registered surveyor or engineer.". The motion carried four to three. Voting for, Forster Puffe, Jerry Mills, E. R. Coalson and C. 0. Canada. Voting against, Homer Kuhl, Earle Cochran and Marston Tuck. On motion by Forster Puffe, seconded by Jerry Mills, Section 18-1015 of the Malt Beverage Ordinance was amended to add the following paragraph: (o) "Nearest means of travel shall mean normal route of ingress and egress of the properties in question." The motion carried four to three. Voting for the motion was Forster Puffe, Jerry Mills, C. 0. Canada and E. R. Coalson. Voting against, Marston Tuck, Homer Kuhl and Earle Cochran. ,$--'On motion by Forster Puffe, seconded by Jerry Mills, Section 19-2001 of the Liquor (Package) Ordinance was amended as follows: (g) "Distance" means the measurement in lineal feet from the front door of the proposed premises of licensee to the front door of any church, library, school, college or private residence and from the front door of the licensee to the property line of any public park as defined herein by the nearest means of travel which shall mean the normal route of ingress and egress of the property in question. The motion carried four to three. Voting for the motion was Forster Puffe, Jerry Mills, E. R. Coalson and C. 0. Canada. Voting against was Homer Kuhl, Earle Cochran and Marston Tuck. On motion by Forster Puffe, seconded by Jerry Mills, Section 19-2013 of the Liquor (Package) Ordinance was amended as follows: "No license hereunder shall be issued to any location upon which any portion of the lot where spirituous liquor is to be sold is located within two hundred fifty (250) feet of any lands zoned for any residential classification, whether located within the City of Smyrna or Cobb County, Georgia, said distance to be measured from front door to front door by the nearest means of travel. A map showing distances and locations must be furnished by a registered surveyor or engineer.".... The motion carried four to three. Voting for the motion was Forster Puffe, Jerry Mills, C. 0. Canada and E. R. Coalson. Voting against was Earle Cochran, Homer Kuhl and Marston Tuck. On motion by Forster Puffe, seconded by Jerry Mills, Section 19-2014 of the Liquor Ordinance (Package)was amended as follows: "No license shall be issued hereunder where the place of business of the applicant is located within a distance of six hundred (600) feet of a library, church, or school, said distance to be measured from front door:to..front door by the nearest means of travel and within a distance of six hundred (600) feet of any public park, said dlStatde to be measured from front door to property line by the nearest means of travel. A map showing distances and locations must be furnished by a registered surveyor or engineer." The motion carried four to three. Voting for, Forster Puffe,_Jerry Mills, C. 0. Canada and E. R. Coalson. Voting against, Homer Kuhl, Marston Tuck and Earle Cochran. On motion by Forster Puffe, seconded by Jerry Mills, Section 20-2001 of the Liquor Ordinance (Sale by the Drink) was amended as follows: (k) Distance shall mean the measurement in lineal feet from the front door of the proposed premises of licensee to the front door of any church, library, school, college, or private residence and from the front door of the -licensee to the property line of any public park as defined herein by the nearest means of travel which shall mean the normal route of ingress and egress of the properties in question." The motion passed four to three. Voting for, Forster Puffe, Jerry Mills, C. 0. Canada, and E. R. Coalson. Voting against, Homer Kuhl, Earle Cochran and Marston Tuck. On motion by Forster Puffe, seconded by Jerry Mills, Section 20-2013 of the Liquor Ordinance (Sale by the Drink) was amended as follows: "No license hereunder shall be issued to any location upon which the building where spirituous liquor by the drink is to be sold is located within three hundred (300) feet of any land zoned for any residential classification, whether located within the City of Smyrna or Cobb County, Georgia, said distance to be measured from front 2 357 door to front door by the nearest means of travel. A map showing distance and locations must be furnished by a registered surveyor or engineer.". The motion passed four to three. Voting for, Forster Puffe, Jerry Mills, C. 0. Canada and E. R. Coalson. Voting against, Homer Kuhl, Earle Cochran and Marston Tuck. On motion by Forster Puffe, seconded by Jerry Mills, Section 20-2014 of the Liquor Ordinance (Sale by the Drink) was amended as follows: No license shall be issued hereunder where the place of business of the applicant is located within a distance of six hundred (600) feet of a library, church, or school, said distance to be measured from front door to front door by the nearest means of travel and within a distance of six hundred (600) feet of any public park, said distance to be measured from front door to property line by the nearest means of travel. A map showing distances and locations must be furnished by a registered surveyor or engineer." The motion carried four to three. For the motion, Forster Puffe, Jerry Mills, C. 0. Canada and E. R. Coalson. Voting against, Homer Kuhl, Earle Cochran and Marston Tuck. An application for the sale of packaged malt beverage and wine submitted by Earl J. Goss, A&P Food Store, Belmont Hills Shopping was the next item on the Agenda. A letter written by Lt. David Farmer was read stating he found no reason why the license should not be issued. Forster Puffe moved the malt beverage and wine application be approved. Jerry Mills seconded the motion which carried four to three. Voting for the motion, Forster Puffe, Jerry Mills, C. 0. Canada and E. R. Coalson. Voting against, Homer Kuhl, Marston Tuck and Earle Cochran. A discussion followed on the request of Modnar Corporation asking Mayor and Council's endorsement of a Resolution to be presented to the Public Service Commission on a ridesharing system. Forster Puffe read the Resolution and moved that it be adopted. E. R. Coalson seconded the motion which was denied on a three-four vote.,'Voting for the motion, Forster Puffe, E. R. Coalson and Earle Cochran. Voting against the motion, Marston Tuck, C. 0. Canada, Jerry Mills and Homer Kuhl. Y Commercial building permits were submitted by building inspector Leon Hood and upon his recommendations the following action is recorded: (1) McDonald's, South Cobb Drive, requested a permit to build a drive-in window (the first in Georgia). The permit was approved on motion by Jerry Mills, seconded by C. 0. Canada. The vote was unanimous. (2) Request for approval of permit to build a 4500 sq. ft. structure, Three Penny Press, at the intersection of Spring Road and Elmwood Drive. The permit was approved on motion by Jerry Mills, seconded by Earle Cochran. The vote was unanimous. (3) Mrs. Etalee Tumberlin, 2780 Springcreek Place, requested a five foot side yard variance. A letter was submitted signed by neighbors stating•fhey had no objection. The variance was approved on motion by E. R. Coalson, seconded by Jerry Mills. Vote on the motion was unanimous. It was reported that all forms had been completed on State Route #3 and were ready to be returned to the State office. Lee Silver reported that the metal facings for doors at the King Spring Park building were not available for this type building and we would use what we have on hand. C. 0. Canada motioned that bids be requested for fencing the King Spring Park baseball field and outlying area, the bids to be opened at the December 15th meeting. Forster Puffe seconded the motion which carried by -unanimous vote. It was reported the following presentations1were made at the Georgia Parks and Recreation Society 1975 Conference: (1) Mayor John Porterfield was awarded the Georgia Recreation and Parks Society Lay Award, one of only ten in the State, for his outstanding contributions to the field of recreation. (2) Smyrna was named the outstanding Parks and Recreation Department in Georgia. (3) The Presidential Citation Award was presented to Lee Silver, Smyrna Parks and Recreation Director. Jerry Mills reported that Fire Station No. 3 was about forty percent complete. Appointment of a new member to fill the vacancy on the Planning and Zoning Board was deferred to the next meeting. Adoption of the Pawn Brokers Ordinance was deferred to the next meeting. On motion by Forster Puffe, seconded by Earle Cochran, the minutes of october 6th were adopted as submitted. On motion by Forster Puffe, seconded by Earle Cochran, the minutes of October llth were adopted as submitted. 358 On motion by Jerry Mills, seconded by C. 0. Canada, the minutes of October 20th were adopted as prepared and submitted. Homer Kuhl motioned that a certificate be cashed in to meet general fund obligations, or a loan be made for $100,000.00, the period of time not to extend beyond.January 3rd. Vote on the motion was unanimous. Discussion of extension of Jonquil Drive was postponed to the next meeting. Forster Puffe moved that the newly elected Mayor and Council members be invited to the Cobb Municipal Association meeting to be held December 9th. Earle Cochran seconded the motion which carried by unanimous vote. Earle Cochran motioned that the bid on camera equipment for the police department submitted by Impact in the amount of $1127.90 be approved, with payment to be made after January 1st, 1976, from Revenue Sharing funds. C. 0. Canada seconded the motion which carried by unanimous vote. Earle Cochran motioned that Bank Street be closed from King Street to City Hall during the "Lighting of the Christmas Tree". Jerry Mills seconded the motion and the vote was unanimous. City Attorney Berl Tate stated the attorneys for Norseman Apartments were waiting to hear from Council as to whether we will accept their proposal. This was deferred to the Wednesday night meeting. Cost of the sewer facility from Hargrove to the Four Lane was estimated at $30,000.00. It was agreed that Mr. Howard Ellis would be asked to meet with Mayor and Council Saturday morning at 10:00 o'clock A. M. It was agreed that Alvin Beaty would be requested to check on prices for turkeys for City employees for Christmas. Homer Kuhl motioned that City Hall be closed November 27, 28, 29 in observance of Thanksgiving Holidays. C. 0. Canada seconded the motion which carried by unanimous vote. The meeting adjourned at 8:35 P. M. e. 4"�n6� HN C. PORTERFI ,MAYOR L. W. CHARLES, CITY CLERK WARD 1, MARSTON TUCK WARD 2, FORSTER PUFFE WARD 4, HOMER KU L WARD 6, ELBERT COALSON WARD 7, EARLE COCHRAN 9 r r "I r CERTIFIED ELECTION RETURNS OF REGULAR CITY ELECTION HELD THIS FIRST DAY OF NOVEMBER 1975 We, the duly appointed election Managers to conduct this election, declare the following results: FOR MAYOR COUNCILMAN WARD #4 ARTHUR T. BACON 1767 JAMES M. HAWKINS 219 'RAY BROOKS 118, JAMES W. HOLMAN 39 FORSTER PUFFE 485 HOMER KUHL 275 MARSTON TUCK 988 COUNCILMAN WARD #5 COUNCILMAN WARD #1 _ CLARENCE 0. CANADA 161 W. M. (BILL) BRISTOW 174 PAUL M. GREBE 43 JAMES E. TOLLESON 283 RICHARD MASKEVICH 84 • COUNCILMAN WARD #2 COUNCILMAN WARD #6 ALVIN D. BURCHFIELD WM. F. (BILL) DARBY COUNCILMAN WARD #3 JERRY MILLS _ 313 REM B. BENNETT, JR. 495 229 ELBERT R. COALSON 258 350 GEORGE "RED" HANSEN 76 COUNCILMAN WARD #7 HAROLD SMITH 300 We, therefore certify to the Mayor and Council of the City of Smyrna, the election of: MAYOR Arthur T. Bacon COUNCILMAN WARD ail James E. Tolleson COUNCILMAN WARD #2 Wm. F. (Bill) Darby COUNCILMAN WARD #3 Jerry Mills COUNCILMAN WARD #4 Homer Kuhl COUNCILMAN WARD #5 Clarence 0. Canada COUNCILMAN WARD #6 Elbert R. Coalson COUNCILMAN WARD #7 Rem B. Bennett, Jr. They have received a majority of the votes cast. S UKRINTENDENT OF ELECTION Chief Manager, Ward ft Chief Manager, Ward #2 Chief Manager, Ward #3 Chief Manager, Ward #4 Chief Manager, Ward #5 Chief Manager, Ward #6 Chief Manager, Ward #7 (ATTEST) L. W. CHARLES, CITY CLERK NOVEMBER 1, 1975 (DATE) IL i