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