December 6/20, 1971 Council Meeting
PAGE 32
The regularly scheduled meeting of Mayor and Council was held, pursuant to the
Charter, at City Ha1.l~ Smyrna, Georgia, on December 6, 1971 and called to order
at 7:30 P. M. by presiding officer Harold L. Smith. All Council Members were
present. Also present: L. W. Char1.ea, City Clerk, D. S. Jackson, Tax Assessor
City Attorney G. W. Carreker, N. Proctor, J. E. David. Pub1.ic Works Supt., .
C. C. Porterfield. Fire Chief. Leon Hood. Building Inspector, George Hardy of
Mayes, Sudderth and Etheredge, and a representative of the Atlanta Journal,
Marietta Jou~al and WBIE.
Invocation was by L. W. Boring.
Under Citizen Reports. Mr. Mitchell Snipes, Past President of the Girls Softball
Association, and Mr. Jake Reece, New President, requested Council approval of a
permanent concession stand to be constructed at Jonquil Park to replace the two
stands. T sed permanent stand would be a 20'x20' building
, storage area i e rear. Marston Tuck stated $2500 was set up in
the for this item and motioned that Council approve construction of the
The motion was seconded by Hubert Black and voted unanimously. The
layout for the building was referred to the Parks Committee for study and
recommendations at the next Council meeting.
Commercial building permits were submitted by Building Inspector Leon Hood
and upon his recommendations the following action is recorded:
(1) One 60 sq. ft. electric sign for Phillips 66 Station. 2570 Atlanta Street.
Approved unanimously on motion Arthur T. Bacon, seconded by C. O. Canada.
(2) One 50' high double faced Texaco Station. 750 Cherokee Road. Homer
Kuhl motioned the request by denied because of the size of the sign. The
motion was seconded by Arthur T. Bacon. Marston Tuck motioned the request be
tabled until the next meeting. The motioned carried four to two. For the motion.
Marston Tuck, C. 6. Canada. J. C. Porterfield and Hubert Black. Voting against the
motion. Homer Kuhl and Arthur T. Bacon~ J. P. White abstained. Building
Inspector Leon Hood was to check with Mr. Hicks and Mr. Anderson to
determine if the sign be lowered~
Mayor Harold Smith he had
County Board of Education in
Marston Tuck stated he
week or next to resurvey the
other areas in the county.
not received any information from the Cobb
to the traffic situation at Argyle School.
the State Patrol would be in the area this
traffic on Spring Road. along with surveys in
Cit torney G. W. Carreker on Concord-Love rights-of-way stated that
22 els had been deed and ten by condemnation. Mr.
Carreker further s was pending by ten citizens was heard
sometime last month and the order was by the udge on December 1,1971.
Before the order was signed; however. residents in the area had become a part
of the suit by way of amendment. The restraining order prohibits the City
from the road as it now stands. Councilman J. C. Porterfie~d stated
Mr. Carreker had turned over the acquired rights-of-way to him and he hoped
to meet with those involved this week.
A report on safety devices at the intersection of King and Church Streets was
deferred.
The Southern Bell Franchise
HomerKuhl. seconded by
Scott Jackson was reque
agreement.
Ordinance was approved as submitted on motion by
Tuck. Vote on the motion was unanimous.
to rebill Southern Bellon the basis of the franchise
D. S. Jackson reported six
are now under the Emergency Employment Act.
Marston Tuck opened
platform
$90.617. plus $5000
McLarty C
on the same
Automatic Transmission.
the type truck
Porterfield
and the v
Kuhl. J. P.
a bid from Ward-LaFrance. Birmingham. Alabama. on a 55'
ror the fire department. The smount or the bid was
with automatic transmission. A bid from the Charles L.
a. was opened at the November 22. 1971 meeting
cost was listed as $88.207. plus $5665 for
a lengthy discussion on the cost of the equipment,
used in other cities. Councilman J. C.
rejected. The motion was seconded by Homer Kuhl
our to two. Voting for the motion. J. C. Porterfield, Homer
C. O. Canada.
PAGE 33
(aeNTINUATION OF DECEMBER 6. 1971)
Voting against the motion. Marston Tuck and Arthur T. Bacon.
Abstained.
Hub ert Black
A request by Kassuba Development Corporation to close Woodland Terrace was
deferred to the next meeting.
The proposed Wine Ordinance was deferred to the next meeting.
The
in
to 1972 to be
for the police and fire departments was
in the 1972 House Bill for the City of Smyrna.
The drainage problem on Brown Road. Jane Lyle Wooten property, was referred to the
street committee.
On motion by Hubert Black. seconded by J. c. Porterfield. the November 8. 1971
minutes were approved as submitted. The vote was unanimous.
On motion by Hubert Black. seconded by J. C. Porterfield. the November 22,l97l
~inutes were approved unanimously as submitted.
The meeting adjourned 8:50 P. M.
************************************
PAGE 34
The mid-month meeting of Mayor and Council was held at City Hall. Smyrna. Georgia.
on December 20,1971 and called to order at 7:30 P. M. by presiding officer Harold
L. Smith. All Council Members were present. Also present: L. W. Charles. City
Clerk. D. Scott Jackson, Tax Assessor. G. W. Carreker. City Attorney. J. E. David
Public Works Supt., C. C. Porterfield. Fire Chief. Leon Hood. Building Inspector.
N. Proctor. George Hardy of Mayes, Sudderth and Etheredge, and a representative of
the Atlanta Journal, Marietta Journal and WBIE.
Invocation was by Councilman Hubert Black.
Under Citizens Reports. Mrs. Norma P. Leese appeared before Mayor and Council requesting
the zoning on property located at 696 Cherokee Road be changed from C to C-l. Mrs.
Leese also requested the Snoop Shop (ceramics) be allowed to continue operating until
the hearing. On motion by J. C. Porterfield, seconded by Hubert Black. the date for the
zoning hearing was set for January 17.1972, and the request of Mrs. Leese to have the
shop remain open until the zoning hearing was granted. Vote on the motion was unanimous
Mr. Bud Mosley represented the petitioner on the zoning hearing on property located
in Land Lot 559 (New Spring Road) from C-I to C-2 for the purpose of operating a
retail. materials store. Mr. Mosley stated the business would be a cash
and carry materials store and there would be an entrance on Spring Road
and one from the shopping center. J. C. Porterfield motioned the property be
rezoned from C-l to C-Z.
restricted to a retail building materials store and related items. The motion was
seconded by C. O. Canada and voted unanimously.
Building Inspector Leon Hood submitted plans for the building materials store in
Land Lot 559 and recommended approval subject to inspection by the fire department.
On motion by Arthur T. Bacon, seconded by Marston Tuck, the permit was approved
on unanimous vote.
Properties advertised as Parcel #1. #2. and #3, located on Ventura Road and Ventura
Place. were rezoned from C-2 to C-l, on motion by J. C. Porterfield. seconded by
Homer Kuhl. Vote on the motion was unanimous. There was no opposition to the
rezoning.
Robert Kushner. Dr. Lewis Belifante. and Mr. Walter Carey.
petitioners for the zoning located
tween McCauley and King Springa. to R-2.
ricted and professional office buildings. The proposed 102 bed
hospital would approximately 250 people and would be a full service hospital
except for thedelivery of babies. Aproximately 130 citizens appeared before
Mayor and Council to the zoning. Attorney Al Cochran was spokesman
for the group and s signed by approximately 206 people in the area.
a copy of a bill to be by Senator Cy Chapman in the 1972 General Assembly,
and a copy of a report by the Metropolitan Atlanta Council for Health. Homer Kuhl
motioned that the pe~ition to rezone this property, restricted to a hospital and
professional office buildings. be denied. Marston Tuck seconded the motion and
the vote for denial was unanimous.
Mr. Paul J.
itect.
In addition to the for the building materials store. Building
Inspector Leon Hood following applications and upon his recom-
mendations. action is recorded as follows:
(a) Remodel upstairs of Bradfield . 2818 Atlanta Street. Approved
unanimously on motion . seconded by C. O. Canada.
(b) Texaco sign, 750 Mr. Hicks and Mr. Anderson stated they were
unaware they were to obtain a permit for the sign before it was installed.
Most of the Counci s were of the opin~on the sign was much too big for the
area; however, after further discussion. Marston Tuck motioned the sign permit
be granted including a waiver in the distance from a residence and the size of the
sign. The motion was seconded by Hubert Black and voted unanimously.
PAGE :E!5
(CONTINUATION OF DECEMBER 20. 1971)
Marston Tuck read a letter from Chief Robert L. Drake regarding the promotion
of four patrolmen to Sergeants. The persons recommended were:
Dean Christman
Larry F. Segars
J. L. McCollum
Curtis C. Cook
Mr. Tuck motioned the four patrolmen listed above be elevated to the rank of
. effective December I. 1971. The motion was seconded by J. P. White
voted unanimously.
One bid on employees' g~oup insurance was submitted by the Life Insurance Company
of Virginia. One bid had previously been submitted by Kennesaw Life Insurance
Company. Both Bids were referred to committee for study and recommendations.
A by Kassuba Development Corporation to close Woodlawn Terrace to the
was discussed. Marston Tuck motioned the road be closed to the public at
turn around. the City retain ownership of the road. and the paving remain the
same. The motion was seconded by Arthur T. Bacon. The vote was six to one.
Homer Kuhl opposed. The road will remain open for use of fire trucks. garbage
pick up maintenance trucks. etc. The Kassuba Corporation will give the City of
Smyrnaan easement to the road after it is closed.
Councilman Marston Tuck reported a fire truck purchased for West Jackson Fire
District, Hoschton. had been returned to the vendor. Charles L. McLarty
Company. and was for for $23.500. The original cost of the truck was $27.500
and it had only been used twice. Mr. Tuck motioned that the City purchase the 750
gallon fire truck from the McLarty Company for $23.500. Arthur T. Bacon
seconded the motion. The motion carried six to one. J. P. White asstained.
Councilman J. P. White motioned that the salary for Councilmen be adjusted from
$150 month to $200 per month, and the salary for Mayor be changed from $250
to per month. effective July 1, 1972. The motion was seconded by C. O. Canada.
The motion carried four to three. For the motion J. P. White, Arthur T. Bacon,
J. C. Porterfield, and C. O. Canada. Opposed. Hubert Black. Marston Tuck and
Homer Kuhl. On motion by Hubert Black. and second of Marston Tuck.
granted to trabsfer $90.000 from the Water Revenue Fund to the General
needed during the first quarter of 1972. The temporary loan will be repaid
Water Revenue Fund. Vote on the motion was unanimous.
was
. as
to the
The December 6. 1971
seconded by J. P. Whi
tes were approved as submitted on motion by J. C. Porterfield.
Vote on the motion was unanimous.
Mayor Harold L. Smith stated the January 3. 1972 Council Meeting to complete old
business would be held at 7:00 o'clock P. M.
Arthur T. Bacon reported the B. F. Reed house on Clifton Road was still unfinished
and he had received from neighbors in the area. This item was
referred to J. C. and the new City Attorney.
orney G. W Carreker commenting verbally on the Love-Concord widening project
all records of the State Highway Department show a forty foot
but the City of Smyrna has no conveyance of a forty foot right-of-
way dedicated to the City. Mr. Carreker Further reminded Council that other suits
pending. . Officer Tarver and Rain, Inc., should be turned over to the newly
appointed City
The meeting adjourned at 10:08 P. M.
PAGE 36
(CONTINUATION OF DECEMBER 20, 1971)
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