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11-20-1972 Regular MeetingPAGE 112 (Continuation of November 6, 1972 meeting) On motion by Jack Miles, seconded by Homer Kuhl, the changes as requested by the Department of Transportation for the traffic signal at Hargrove Road and the 4-Lane were approved, the forms were signed, and resubmitted to the state office. Vote on the motion was unanimous. Mayor J. C. Porterfield read a letter from the Georgia Municipal Association requesting a NO vote on the Constitutional Amendment listed as #19 on .the b.allat:.for November 7. Jack Miles requested Council approval of the purchase of 500 Centennial Brochures at $2.00 each for distribution to libraries, schools and municipalities over the state. Approval was granted on motion by .Jack,Miles, seconded.by Forster Puffe. The vote was unanimous. Forster Puffe requested approval of the purchase of twenty-five fire extinguishers and thirteen first aid kits to be placed in the trucks for the various departments at a cost of $250.30, and submitted a list showing the number for each department. Mayor J. C. Porterfield stated this could be handled under the departmental budgets. Forster Puffe also requested in the form of a motion that four first aid films -be purchased at,a.cost of $250.00 to be paid from the Contingency Fund. The motion was seconded by Homer Kuhl and voted unanimously. (The films to be purchased if they cannot be borrowed.) Homer Kuhl stated the October Library report showed a total of 21,983 volumes and a circulation of 3,548. City Attorney Berl T. Tate reported that on October 12 he received acknowledgement of materials sent to the Department of Justice of Smyrna ward realignment. A quit claim deed to eleminate a reverter clause in deed of E. C. Pritchett (1948) was referred to Marston Tuck for recommendations at the next meeting. Copies of the new Traffic Code were distributed. Meeting adjourned at 10:06 P. M. ************************************************** ,NOVEMBER 20, 1972 The regular meeting of Mayor and Council was held pursuant to the Charter at City Hall, Smyrna, Georgia, November 20, 1972, at 7:30 o'clock P. M. and called to order by presiding officer Mayor John C. Porterfield. All Councilmen were present except Ward #3 Councilman Arthur-T. Bacon. Also present were: L. W. Charles, City Clerk, D. Scott Jackson, Asst. City Clerk, Berl T. Tate, City Attorney, Leon Hood, Building Inspector, N. Proctor, Clerk, V. M. Broyles, Asst. Public Works Supt., C. C.,Porterf ield, Fire Chief, Donald 0. Atkinson, Asst. Fire Chief, Dick Willis, Consultant Engineer, and a representative of the Marietta Journal and WBIE. J. E. David was on vacation. Invocation was given by D. Scott Jackson. Mr. Ronald L. Williams appeared before Mayor and Council in regard to removal of a house located at 940 Cherokee Trail and black topping the lot, --without zoning•,. for .the purpose of a temporary unmanned drive- in facility and parking area for Smyrna Federal Savings and Loan Association. City Attorney Berl T. Tate stated that parking areas were not described in R-1 zoning provisions. After further discussion, it was the consensus of Mayor and Council that any area used by a --business for parking becomes a part of the business property, therefore, Mr. Williams' request would be prohibited until the zoning is changed. Mayor John C. Porterfield stated he had been approached by officials of Smyrna Federal Savings and Loan Association relative to adding two stories to the present structure and reminded Council that the present zoning height is 35 feet maximum. The Mayor appointed a committee composed of Homer Kuhl, Chairman, Marston Tuck andk_ PAGE 113 (Continuation of November 20, 1972 meeting) C. 0. Canada to check into this request and make•a recommendation to Council. Mr. Ralph D. Bryant appeared before Mayor and Council in regard to a'contnued-hearing on zoning of property located at 1061 Concord Road and submitted plans of the proposed building. Mayor J. C. Porterfield told Mr. Bryant that since the zoning request was withdrawn at the November 6, 1972 meeting it would be necessary that it be advertised again before Council could take any action. Mr. Bryant stated he would'request the property be advertised again for a hearing on December 18, 1972. ' Mr. W. L. Brown submitted a petition signed by all residents within a 300' radius of 960 Powder Springs Street stating they had no objection to a Day Care Center being operated at that address. Mr. Brown also submitted a letter from Mrs. Anne Hall, Licensing •--Wbrker,•'Georgia Department.'bf Human Resources, stating she had inspected the structure and Mr. Brown and Mr. Fleming were aware of all require- ments of their office. On motion by E. R. Coalson a residential permit was granted for a Day Care Center at 960 Powder Springs Street with the understanding it would be an occupied residence. The motion was seconded by Forster Puffe and voted unanimously. Commercial building permits were submitted by building inspector Leon Hood and upon his recommendations the following action is recorded: (1) • Mr: Ralph Grady, -one 5'x3' lighted 'sign, 2833 Atlanta Street. Approved -on motion by Marston Tuck, seconded by Jack Miles.- Vote on the motion was unanimous. (2) Security National Bank, 6'x8'x18' high lighted sign, 3379 South Cobb Drive. Approved by unanimous vote on motion by C. 0. Canada, seconded•by Forster Puffe." (3) Charles Thomas, structural change's-(Belmont Package Store) Cherokee Road. Approved on motion by C. 0. Canada, seconded by Forster Puffe, and voted unanimously. (4) Dennis Taylor, 1786 Cimmarron Court, requested a variance of four feet from the Property line to build a carport. Building Inspector Leon Hood submitted a letter signed by Mr. William Catchpole, next door neighbor on Cimmarron Court stating he had no objection. D.t�Scott Jackson checked the tax records and stated everything seemed to be in order. On motion by Forster Puffe, seconded by Jack Miles, the variance was approved. Vote on the motion was unanimous. (5) MacDonald's of Smyrna, 943-Cherokee Road, requested permit to remodel the building, add dining room. Also requested a 20' variance to build covered patio. Mr. -Hood stated the plans had been reviewed by the fire department and approved. E. R. Coalson motioned that Council waive the set back line as requested. Jack Miles seconded -the motion which carried by unanimous vote. Marston Tuck motioned the building permit be approved per plans submitted. The motion was seconded by C. 0. Canada -and voted unanimously. fi Mr. Frank Cutter of Munford, Inc. requested a permit for gasoline installation (tanks, pumps, canopy) at the Majik-Market, 1080 Spring Street. Mr. Cutter explained the new pumps would be wired for self- service operation'but-would not be used as self-service until certain laws and regulations in Georgia permit this type operation. Jack Miles motioned the permit be approved with the understanding that the station would be operated only as an attendant gasoline operated station, not a self-service station. The motion was seconded by Forster Puffe and voted`unanimously. Councilman Forster Puffe reported he had contacted three property owners in regard to the Atlanta Street widening project and Jack Miles reported he had made one contact. City'Attorney Berl T. Tate stated he hoped to get the one or two remaining deeds to Mr. Puffe by Wednesday of this week. Mr. Puffe stated the Street Committee had three recommendations as follows, needing Council approval: PAGE 114 (Continuation of November 20, 1972 meeting) (1) Approval of the C. W. Matthews Contracting Company bid in the amount of $5,575.00 to pave Fleming Street from Atlanta Street to the back of the Belmont Hills Extension property and place signs. on the street to keep trucks from using Fleming Street. Mr. Puffe motioned for approval of the above. The motion was seconded by Jack Miles which carried by unanimous vote. (2) On,the recommendation of the Department of Transportation, Forster Puffe motioned that two traffic signals be up dated; the one at South Cobb Drive and Benson Poole Road in the amount of $2,625.00 and the one at South Cobb Drive and Pat Mell in the amount of $2,775.00. The motion was seconded by Homer Kuhl and voted unanimously. (3) The third item was in reference to paving of streets in the corporate limits. Mayor J. C. Porter -field stated he had contacted the Department of Transportation by phone and some of the streets had been removed from the top priority list. The.South Cobb Drive utilities project was reported in work and hopefully by the December 4 meeting bids could be let for moving the utilities. Mayor J. C. Porterfield reminded Council to keep in mind that it would be necessary for some of the utilities to be moved prior to paving and some in conjunction with the paving project. Bids were opened for the new Fire Chief's car and are recorded as follows: Anderson Motor Co., Marietta (Bel Air) $3288.36 .Days Chevrolet, Acworth (Impalla) $3475.98 .Strother Ford, Marietta (4-door Sedan) $3559.84 John Smith, Atlanta (Bel Air) $3657.53 On motion by Forster Puffe, seconded by C. 0. Canada, all bids were referred to the Fire Committee for recommendations at the next meeting. Vote on the motion was unanimous. Mayor J. C. Porterfield passed out to each member of Council a rough draft of the Future Land Use Study prepared by J. P. Kidd and Associates and requested that each Councilman study the proposal and be prepared to make suggestions for changes at the next meeting.to be held December 12, 1972, at 7:30 o'clock P. M. City Clerk L. W. Charles was requested to notify Mr- Kidd of the meeting date. Parks and Recreation Chairman C. 0. Canada read a letter from Mr. Jim Gresham, President of the Smyrna Athletic Association, in regard to reimbursement from the City for expenditures made to sod Cobb Park. The -cost to sod the park was listed as $3,375.00. On motion by C. 0. Canada, seconded by E. R. Coalson, authorization was granted for the City to reimburse the Smyrna Athletic Association in the amount of $500.00. Vote on the motion was unanimous. On motion by Marston Tuck, C. J. Sanford was promoted to Acting Lt. of the Fire Prevention Bureau at no change in salary for the remainder of this fiscal year. The motion was seconded by Homer Kuhl and voted unanimously. Financial reports were deferred to the next Council Meeting. rThe 1973 Business License Schedule was revised as follows: 4135 Carpet sales and installation $100.00 4303 Insulation storage $50.00 Both revisions were approved on motion by Homer Kuhl, seconded by J,__C. 0. Canada, and carried by unanimous vote. FAn "Ordinance to Amend Business License Provisions" was read by Homer Kuhl and on motion by Mr. Kuhl, a fine not to exceed $300.00 was adopted. The motion was seconded by Jack Miles and approved by unanimous vote. The amendment is as follows: ORDINANCE TO AMEND BUSINESS LICENSE PROVISIONS Be it ordained by the Mayor and Council of the City of Smyrna, and it is hereby ordained by the authority of same: The ordinance providing for the issuance of business licenses and the manner of application for same is amended to provide that any applicant who knowingly furnishes false information in the application for a business license shall, 7 (j,", ., PAGE 115 (Continuation of November 20, 1972 meeting) upon conviction, be subject to a fine not to exceed $300.00. This amendment shall be effective from the date of its passage. r On motion by Marston Tuck, seconded by Jack Miles, the Council Meetings for January 1973 were changed from the 1st and 3rd Mondays to January 8 and 22. Vote on the motion was unanimous. Councilman Homer Kuhl motioned that City Hall be i6losed Friday November 24 in observance of Thanksgiving Holiday. The motion was seconded by C. 0. Canada and voted unanimously. In compliance with a Supreme Court decision and on motion by C. 0. Canada, seconded by Homer Kuhl, the license fee for liquor wholesale distributors was recinded and shall be deleted from the business ` license schedule. Vote on the motion was unanimous. J Forster Puffe reported that the Planning and Zoning Commission elected C. A.(A1) Brooke as Chairman and Joe A. McHarg as Vice Chairman. Council approved Mr. Brooke and Mr. McHarg as officers of the Commission on motion by Forster Puffe, seconded by Homer Kuhl. Vote on the motion was unanimous. Councilman Marston Tuck reported he had checked on the quit claim deed on the Pritchett property located on Whitfield Street and .recopmended.in the form of a motion that the Mayor and City Clerk be authorized to sign the deed eliminating a reverter clause. The motion was seconded by Jack Miles and voted unanimously. The meeting adjourned at 9:01 P. M. 0AN C. POR ERFIE , MAYOR L. W. ES, C CLERK MARSTON TUCK, COUNCILMAN WARD NJ FOR ER PUFFE, COUNC WARD # 2 C. 0. CANADA, COUNCILMAN (JACK) NORMAN MILES, COUNCILMAN WARD # 5 WARD # 7 HOMER KUHL, COUN ILMAN WARD #4