November 8/22, 1971 Council Meeting
PAGE 26
NOVEMBER 8. 1971.
regularly scheduled meeting of Mayor and Council was held, pursuant to the
. at City Hall. Smyrna, Georgia, on November 8, 1971 and called to order
P.M. by ing officer Harold L. Smith. All Council Members were
present. Also L. W. Charles, City Clerk, G. W. Carreker. City Attorney.
D.S. T or. N. Proctor, J. E. David. Public Works Supt. . C. C.
Porterfield. Fi f. Leon Hood,Building Inspector. George Hardy of Mayes.
Sudderth and . and a representative of the Marietta Journal and WEIE.
Invocation was given by Councilman Hubert Black.
Mayor Harold Smith congratulated Councilman J. C. Porterfield on his election as
Mayor for the term January I, 1972.
In the first order of business. the Mayor and
ascertified to them by the seven Chief
of the Election. and L. W. Charles, City
to adopt the results of the Smyrna City Election
Council approved the election returns
. Mrs. Milton Bennett. Superintendent
A motion was made by Homer Kuhl
held November 6. 1971 as follows:
Mayor
Councilman Ward I
Councilman Ward II
Councilman Ward III
Councilman Ward IV
Councilman Ward V
Councilman Ward VI
Councilman Ward VII
John Porterfield
Marston Tuck
Forster Puffe
Run-off Election 11--20-71
Homer Kuhl
C. O. Canada
Elbert Coalson
Norman (Jack) Miles
The motion was seconded by Marston Tuck and approved unanimously. Copy of
Certified Election Results attached to the November 8, 1971 Minutes and made a
part thereof.
On motion by Arthur T. Bacon, and second of C. O. Canada, the Run-Off Election for
Ward #3 was set for November 20. 1971. Vote on the motion was unanimous.
Mr. Wink Winkenhofer. 2950 King Street before Mayor and Council regarding
the accident rate at King and Street. This ~tem was referred to the
Streets Committee for checkout and recommendations at the next meeting.
A petition was submitted to Council
the corporate lim~ts of the of
Street and King Spring Street,
adjacent and contiguous to the
Porterfield and second of Marston
and made a part of Ward If 4. Vote
by H. G. Poss and Willie Mae Poss to annex ~nto
Smyrna a parcel and land between McCauley
in Land Land Lots 483 and 526, and being
corporate limits. On motion by J. C.
Y was annexed as requested
on ion was unanimous.
A request was also submi ed to Council to set a hearing date for rezoning the
above described p om R-l to R-Z, restricted.* J. C. Porterf~eld
motioned the hearing date be set for December 6, 1971. C. O. Canada seconded
the motion which carried by unanimous vote. (* Hospital and medical building.)
A was held to consider of located in Land Lot 454, and
known as South Cobb Drive, lots and , from District HC" to C-2. for
the purpose;,'of fence business including storage of materials. A
sketch was also the location of the parking area, present
. the area for a storage yard, and a 7' high blind fence in the
rear of the property a 6' chain link fence on each side of the property.
It was the by Council that. the property should by zoned C-l instead
of C-2 for operation. J. C. Porterfield motioned the property be rezoned
from Distri cted to the fence company operations. and
termorary :lng for three years. wi.th the 7' blind
fence in the on each side. Hubert Black seconded motion
and the vote
PAGE 27
(CONTINUATION OF NOVEMBER 8. 1971)
Councilman rston Tuck read excerpts from a letter to Col. Ray Pope, Director.
Public Safet epartment. from Lt. Hugh Hardison. of the Georgia State Patrol.
Cedartown. the traffic complaint on Spring Road at School by
parents in the area from the termination of busing the children
within one mile of the Lt. Hardison stated it was his opinion this should
be declared a hazardous and road. On motion by Marston Tuck and second
of Hubert Black, Mayor Smith was requested to have a Resolution prepared for
Mayor and Council to be submitted to the Cobb County Board of Education
this area. Vote on the motion was unanimous. A was called
for 10.1971 to discuss the traffic complaint on Reed
Marston Tuck read another excerpt from Lt. Hardison's letter which stated the
City of Smyrna could obtain the free service of Vascar on request to the Director
of the Department of Public Safety. Mr. Tuck motioned that the Vas car service
be requested. restricted to Spring Road only, from Atlanta Street to Highway
41. The motion was seconded by Hubert Black and passed six to one. J. P.
White opposed.
Councilman Hubert Black motioned that Council amend the City of Smyrna Bus.
Lic. Ord. to "Prohibit the sale of newspapers. magazines or other printed
materials except from vending machines or over the counter of established businesses.
Nothing contained herein is intended to effect home deliveries." The motion
was seconded Marston Tuck and voted Unanimously. Mr. Freeman Hutton,
Attorney for Sue Jacobs. requested that City Attorney. G. W. Carreker mail him
a copy of the ordinance adopted at this meeting.
Commercial
upon his
permits were submitted by Building Inspector Leon Hood and
the action is recorded:
(l) Central Electric Company, Spring Road. storage of electrical supplies and
fixtures. unanimously on motion by Arthur T. Bacon and second of
Hubert
(2) Plum Tree Apartments 4-Lane Highway across from Bordeau West. 400 units,
33 acres. The permit was approved on motion by C. O. Canada with
stipulation tbat no units will be occupied until temporary sewerage treatment
plant is unless can secure permission from the State Water Quality
Control that anything build will be accepted by the Board. The motion
was seconded by Arthur T. Bacon and voted unanimously.
(3) Stephens Woods Apartments on Stephens. 13 units per acer, a total of 104 units.
Deferred to next meeting in order to checkout restrictions on property zoning..
(4) First National Bank, South Cobb Drive. A waiver of ten feet on front of
was also requested. The. permit was approved on motion by Arthur T.Bacon,
byHomer Kuhl. and voted unanimously.
City G. W. Carreker reported that on October 18,1971. ten right-or-way
acquisitions were filed and eight have been tried; twenty
parcels of right-Of-way have been acquired. twelve by deed and eight by
condemnation. Two cases are pending which should be heard within the next two
or three days. Mr. Carreker also stated that of the eight awards made. two were
the same as the City offered. The others varied from a low of $447.25 to
$2000.00, three of the eight were above $1000.00.
A request to close Woodland Terrace by Kassuba Development Corporation was the
next item on the agenda. This item was deferred to the next meeting; Chier
C. C. Porterfield to checkout access road to the third phase of the development.
A letter from the Civil Service Board recommending a change in the City of
Merit Board rules to for a six months rather than a three months
period for all appointments, was read in Council. Mayor HaroldSmith
recommended the other departments and stated it would have to be
included in the 1972 House 11. This item was dererred to the next meeting.
Councilman Marston Tuck had no on the
the new ball field at Jonquil ; however.
moved in this week to pave the tennis courts.
at the police station would be done at
on grading and drainage for
did expect the equipment to be
and that the area for additional
the same time as the tennis courts.
PAGE 28
(CONTINUATION OF NOVEMBER 8,1971)
Mr. George of Mayes, Sudderth and Etheredge report the and survey
was in the sewer system. Alternate #6. for the east side.
and that contract would requ~re approximately two months, and the construction
would require at least two months.
Mr. Wade Mason approval of use of a mobile home far
office and wat construction of apartment units on Atlanta
Road. was granted on motion by J. P. White, seconded by Hubert Black.
Vote on the motion was unanimous.
The noise ordinance was referred to City Attorney G. W. Carreker for recom-
cendations at the next Council meeting.
Excerpts from a letter written by Mr. Henry J. Wise. #62, 1160 Main Street.
Conyers, Georgia. a proposal for an analysis and revision of the Smyrna
Business License and schedule of charges. were called out in Council.
Mr. Wise a fee of $20.00 per hour, a maximum of $750 or minimum of $450.
ror the ordinance and schedule. City Clerk L. W. Charles was requested
to write a letter to Mr. Wise suggesting a conference perhaps could be set up
at some time in the future.
D. Scott Jackson on the Emergency Employment Act stated that the first
allotment was for ; however. the salaries had been grossly underestimated;
thererore. we could all 14. As of this date. Mr. Jackson reported seven
people had been hired; and that effective December 1. 1971 , an additional
allotment of $17.712 would be awarded the city.
Councilman Arthur T. Bacon motioned that the cost of installation of garbage cans
in new houses is to be paid by the contractor at the time the permit is
issued. Thisamount. $20.50. to be receipted separately. The cost of the liner.
$4.00. is to be paid the home owner. at the time he applies for water service.
The motion was by Hubert Black and voted unanimously.
On motion by J. C. Porterfield. and second of C. O. Canada. the September 7 and
20. 1971 Minutes were adopted as submitted. Vote on the motion was unanimous.
An ordinance on wine was referred to the Malt Beverage committe for recommendations
to be made at the next Council Meeting.
In other action. the Council:
(1) At the of J. P. White referred a drainage problem at the rear of the
Old English . Atlanta Road and Creatwood. to J. E. David for check out of
estimated cost for a retainer wall.
(2) J. C. Porterf~eld reported that Gardner Potter had contacted him stating he
would absorb all COSts in excess of $11,000 for Drive extension.
No act~on was taken. The estimated cost was .
(3) J. C. Porterfield rep that North American Insurance Company had advised
there would be an incr e in group Insurance effective November 1. 1971 and
motioned that bids be out rather than accept the increase. The motion was
seconded by Homer Kuhl and voted unanimously.
(4) Marston Tuck reported the estimated cost of guard rails on Spring Road at
$48,000. and est or a three foot fence at $14.000. This was deferred
report fr County School Board.
Marston Tuck in the form of a motion that bids be obtained on fire
one 55 foot. and one 65 foot, per specifications
to be opened at the November 22. 1971 meeting. The motion was
Black and voted unanimously.
Meeting adjourned 9;10 P. M.
************************************
PAGE 29
The mid-month regularly scheduled meeting of Mayor and Council was held. pursuant
to the charter, at City Hall. Georgia, on November 22. 1971 and called
to order at 7:30 P. M. by officer Harold L. Smith. All Council Members
except Ward#3 Councilman Arthur T. Bacon were present. Also present were L. W.
Charles, D. S. G. W. Carreker. J. E. David. C. C. Porterfield. N.
Proctor. Leon Sims of Mayes, Sudderth and Etheredge. and a representative
of the Marietta and WBIE.
Invocation and Pledge of Allegiance was led by Cub Scout Troup 524.
In the first order of business, certified results of the run-off election in
Ward#3 held Saturday, November 20. 1971. were read by City Clerk L. W. Charles.
On motion of J. P. White. and second of Hubert Black. the certified results were
approved as read. Vote on the motion was unanimous.
Mr. Paul Brown appeared before Mayor and Council and requested the zoning hearing
be withdrawn on located in Land Lots 483 and 526. McCauley and King
Springs. and for another hearing at the earliest date possible. The
request to withdraw was made because the signs were not placed on the property
within the time limitation as required by ordinances. Marston Tuck motioned
the hearing be scheduled for December 18. The motion died for lack of a
second. On motion by Homer Kuhl. and second of J. C. Porterfield. the hearing
for December 6th was withdrawn and reset for hearing on December 20. 1971.
Vote on the motion was unanimous.
Commercial were submitted by Building Inspector Leon Hood
and upon his recommendations the following action is recorded:
(1) A request was made by Amacher Brothers to build a football dressing area at
Campbell Stadium. The permit was approved on motion by C. O. Canada, seconded
by Marston Tuck. Vote on the motion was unanimous.
(2) Atlas Neon Company requested a permit to erect a lighted free standing neon
sign at 2528 Spring Road. Bonanza Sirloin Pit. and also to place a sign on the
structure. The permit was approved unanimously on motion by Marston Tuck and
seconded by J. P. White. subject to checkout on height regulations by the
inspector.
application was submitted for Stephens Woods Apartments 104 units.
, on Stephens Street. The application was approved on motion of
C. O. Canada and secondof J. C. Porterfield subject to receipt of a letter from
the developer stating he would comply to all restrictions placed on the property
at the time it was zoned R-2. February20. 1967. The motion carried five to one,
Homer Kuhl opposed.
At the request of DPR Investment Company. and on motion of Hubert Black. December
20. 1971 was the date set for the zoning hearing on property located in LL 559.
Love Street Extension (New Road). from C-l to C-2. for a materials retail
store. The motion was J. C. Porterfield. Vote on the motion was
unanimous.
J. C. Porterfield
prepared he would
that as soon as detailed expense statements could be
bids on group insurance coverage.
Tuck read a
65' fire f
of Charles
the
letter from American LaFrance stating they did not manufacture
; therefore did not submit a bid. Mr. Charles
Company. Decatur. appeared before Mayor and
L. M
bids:
55' per
55' per
specifications
specifications with auto-
matic transmission
specifications
specifications with auto-
matic transmission
$98,032
$88,207
65' per
65' per
$93.872
$92.457
PAGE 30
(CONTINUATION OF NOVEMBER 22.1971)
Councilman Homer Kuhl
ilman J. C.
tee rev~ew the hids.
recommendations at the next
the City be checked by Fire Underwriters and
stated he would like to have the new finance
The bids were referred back to the fire committee
meeting.
for
Councilman Marston Tuck reported the tennis courts at Jonquil Park and the Parking
lot at the police station would probably be paved next week.
Mayor Harold Smith stated he prepared and mailed a letter to the Cobb County
Board of Education in regard to the Spring Road traffic hazard and busing of
children to Argyle School but had not received a reply to the letter. Councilman
Hubert Black stated he attended the Board of Education meeting last week and they
were not pleased with the patrol report on Spring Road and had asked the State
Patrol to investigate this area again, as well as. other areas with similar
situation.
J. C. Porterfield recommended a four way stop sign with triangle island painted
with flours cent paint at the intersection of King and Church Streets. After
Discussion of accident rate. the item was referred back to committee.
Clerk L. W. Charles was requested to write a letter to Kassuba Corporation
that a representative attend the December 20,1971 Council Meeting and
give reasons why they wanted to close Woodland Terrace.
On motion by Marston Tuck. and second of the Civil Service Board to change the
probationany period for fire and police personnel fron three months to six
months was approved unanimously. This recommendation will be made a part of
the 1972 House Bill.
Adoption of a City of Smyrna Noise Ordinance was deferred.
There was no report on the Emergency Employment Act of 1971.
J. C. Porterfield motioned that we approve the retirement plan for the employees
of the City or Smyrna with the Joint Municipal Employees' Retirement System to
be erfective December 1. 1971 on a non-contributory basis. and that the Ordinance
we are now holding be adopted with the System. The motion was seconded~.by
Marston Tuck and voted unanimously.
The October 4th. 1971 Minutes were approved as submitted on motion by Hubert
Black and second of J. P. White on a vote of five to one. Homer Kuhl abstained.
The October 18th. 1971 Minutes were approved as submitted on motion by Hubert
Black and second of J. P. White. The vote was unanimous.
The proposed Wine Ordinance was deferred to the next meeting.
Councilman C. O. Canada motioned that City Hall be closed Thursday, Friday and
Saturday ror the Thanksgiving Holidays. TIle motion was seconded by Hubert Black
and voted unanimously.
Councilman Homer Kuhl motioned that City Hall be closed Friday. December 24, 1971.
for the Christmas Holidays. The motion was seconded by C. O. Canada and voted
unanimously. Both motions were amended to include compensatory time off for all
city employees as recommended by the department heads. In connection with the
above. Councilman Hubert Black suggested that all holidays be set up at the
beginning of the year.
To protect the adj
a zoning hearing be
and Ventura Place from
and voted unanimously.
1 and C-I areas, Councilman C. O. Canada motioned that
ember 20, 1971. to consider rezoning Ventura Road
C-2 and C-l. The motion was seconded by J. C. Porterfield
The Mayor, all Councilmen, new and old. and City officials are to notify City
Clerk L. W. Chsrle s to the CMA Christmas Party and meeting to
be d December ~4, tta Country Club. by November 24, 1971. J. C.
Por the motion that the new council members be invited. The motion
was seconded by Homer Kuhl and voted unanimously.
PAGE 31
(CONTINUATION OF NOVEMBER 22. 1971)
the recommendation of Mayor Harold Smith, Councilman Marston Tuck Motioned the
Ordiuances. City of Smyrna. as prepared by Public Research
and Management Company. be adopted. effective Octoberl. 1971. Vote on the motion
was unanimous.
On Marston Tuck. Section 18-5024 of the Code of Ordinances of Smyrna.
amended and approved by adding to said section the following:
unlawful for any person. firm or corporation to offer any magazine,
or other publication for sale on the streets of the City of Smyrna
except in the coin operated vending machine. Nothing contained herein shall effect
the sale 0 or other publications from across the counter
of an est
The above amendment to be effective November 8, 1971.
At the request of Southern Bell. and on motion by J. C. Porterfield. an
easement was granted Southern Bell to place a conduit a minimum of 30 inches
at the intersection of Roswell Road and Gilbert Street. The motion was
seconded by Hubert Black and voted unanimously.
Meeting adjourned 9:05 P. M.
114
*********************************************************************************