11-08-1971 Regular MeetingPAGE 26
NOVEMBER 8, 1971
The regularly scheduled meeting of Mayor and Council was held, pursuant to the
Charter, at City Hall, Smyrna, Georgia, on November 8, 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, G. W. Carreker, City Attorney,
D.S. Jackson, Tax Assessor, N. Proctor, J. E. David, Public Works Supt. , C. C.
Porterfield, Fire Chief, Leon Hood,Building Inspector, George Hardy of Mayes,
Sudderth and Etheredge, and a representative of the Marietta Journal and WBIE.
Invocation was given by Councilman Hubert Black.
Mayor Harold Smith congratulated Councilman J. C. Porterfield on his election as
Mayor for the term beginning January 1, 1972.
In the first order of business, the Mayor and Council approved the election returns
ascertified to them by the seven Chief Managers, Mrs. Milton Bennett, Superintendent
of the Election, and L. W. Charles, City Clerk. A motion was made by Homer Kuhl
to adopt the results of the Smyrna City Election 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. 0. 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. 0. 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 Appeared before Mayor and Council regarding
the high accident rate at King and Church Street. This item was referred to the
Streets Committee for checkout and recommendations at the next meeting.
A petition was submitted to Council by H. G. Poss and Willie Mae Poss to annex into
the corporate limits of the City of Smyrna a parcel and land between McCauley
Street and King Spring Street, located in Land Land Lots 483 and 526, and being
adjacent and contiguous to the existing corporate limits. On motion by J. C.
Porterfield and second of Marston Tuck, the property was annexed as requested
and made a part of Ward # 4. Vote on the Motion was unanimous.
A request was also submitted to Council to set a hearing date for rezoning the
above described property from R-1 to R-2, restricted.* J. C. Porterfield
motioned the hearing date be set for December 6, 1971. C. 0. Canada seconded
the motion which carried by unanimous vote. (* Hospital and medical building.)
ZONINGS
A hearing was held to consider rezoning of property located in Land Lot 454, and
known as 3499 South Cobb Drive, lots 10 and 11, from District "C" to C-2, for
the purpose -of operating a fence business including storage of materials. A
sketch was also submitted showing the location of the parking area, present
building, the area designated for a storage yard, and a 7' high blind fence in the
rear of the property and.a 6' chain link fence on each side of the property.
It was the agreement by Council that the property should by zoned C-1 instead
of C-2 for this operation. J. C. Porterfield motioned the property be rezoned
from District "C" to C-1, restricted to the fence company operations, and
termorary use of the present building for three years, with the 7' high blind
fence in the rear and 6' fence on each side. Hubert Black seconded the motion
and the vote was unanimous.
PAGE 27
(CONTINUATION OF NOVEMBER 8, 1971)
Councilman Marston Tuck read excerpts from a letter to Col. Ray Pope, Director,
Public Safety Department, from Lt. Hugh Hardison, of the Georgia State Patrol,
Cedartown, regarding the traffic complaint on Spring Road at Argyle School by
parents in the area resulting from the termination -of busing of the children
within one mile of the school. Lt. Hardison stated it was his opinion this should
be declared a hazardous and dangerous 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
regarding this area. Vote on the motion was unanimous. A meeting was called
for November 10,1971 to discuss the traffic complaint on Reed Road.
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 Vascar 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 by 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.
J
Commercial building permits were submitted by Building Inspector Leon Hood and
upon his recommendations the following action is recorded:
(1) Central Electric Company, Spring Road, storage of electrical supplies and
fixtures. Approved unanimously on motion by Arthur T. Bacon and second of
Hubert Black.
(2) Plum Tree Apartments 4-Lane Highway across from Bordeau West, 400 units,
approximately 33 acres. The permit was approved on.motion by C. 0. Canada with
the stipulation that no units will be occupied until temporary sewerage treatment
plant is completed unless they can secure permission from the State Water Quality
Control Board that anything they 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
property was also requested. The...permit was approved on motion by Arthur T.Bacon,
seconded byHomer Kuhl, and voted unanimously.
City Attorney G. W. Carreker reported that on October 18,1971, ten right-of-way
acquisitions (Concord -Love) 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; Chief
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
Smyrna Merit Board rules to provide for a six months rather than a three months
probationary period for all appointments, was read in Council. Mayor HaroldSmith
recommended the change include other departments and stated it would have to be
included in the 1972 House Bill. This item was deferred to the next meeting.
Councilman Marston Tuck had no report on the progress on grading and drainage for
the new ball field at Jonquil Park; however, he did expect the equipment to be
moved in this week to pave the tennis courts, and that the area for additional
parking at the police station would be done at the same time as the tennis courts.
PAGE 28
(CONTINUATION OF NOVEMBER 8,1971)
Mr. George Hardy of Mayes, Sudderth and Etheredge report the design and survey
was in progress for the sanitary sewer system, Alternate #6, for the east side,
and that the contract would require approximately two months, and the construction
would require at least two months.
Mr. Wade Mason requested Council approval of temporary use of a mobile home for
office and watchman purposes during construction of 70 apartment units on Atlanta
Road. Therequest 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, regarding a proposal -for an analysis and revision of the Smyrna
Business License Ordinance and schedule of charges, were called out in Council.
Mr. Wise quoted a fee of $20.00 per hour, a maximum of $750 or minimum of $450,
for updating 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 reporting on the Emergency Employment Act stated that the first
allotment was for 14 people; however, the salaries had been grossly underestimated;
therefore, we could not hire 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 building permit is
issued. Thisamount, $20.50, to be receipted separately. The cost of the liner,
$4.00, is to be paid by the home owner, at the time he applies for water service.
The motion was seconded by Hubert Black and voted unanimously. J
On motion by J. C. Porterfield, and second of C. 0. 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 request of J. P. White referred a drainage problem at the rear of the
Old English Cleaners, Atlanta Road and Creatwood, to J. E. David for check out of
estimated cost for a retainer wall.
(2) J. C. Porterfield reported that Gardner Potter had contacted him stating he
�- would absorb all costs in excess of $11,000 for paving Honeysuckle Drive extension.
No action was taken. The orginal estimated cost was $27,000.
(3) J. C. Porterfield reported that North American Insurance Company had advised
there would be an increase in group Insurance effective November 1, 1971 and
motioned that bids be sent 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 estimated cost of a three foot fence at $14,000. This was deferred
pending report from the Cobb County School Board.
(5) Marston Tuck requested in the form of a motion that bids be obtained on fire
fighting equipment (snorkle) one 55 foot, and one 65 foot, per specifications
submitted.the bids to be opened at the November 22, 1971 meeting. The motion was
seconded by Hubert Black and voted unanimously.
Meeting adjourned 9:10 P. M.
CERTIFIED ELECTION RETURNS OF REGULAR.CITY ELECTION (RUN -'OFF) ,
�.,. HELD THIS TWENTIETH DAY OF NOVEMBER 1971
We, the duly appointed Election Managers to conduct this election,
v4 declare the following results:
F
t � '
FOR COUNCILMAN - WARD #3
ARTHUR T. BACON P4.0 '
JERRY L. MILLS 139
We, therefore certify to the Mayor and Council of the City of Smyrna,
* the Election of Councilman Ward #3:
Arthur T. Bacon
a '
He having received a majority of the votes cast.
4
Signed:
y -EF CL�✓• Chief Manager, Ward #3 (Run -Off)
(/
SUPERINTENDENT OF ELECTION
(ATTEST)
L. W. CHARLES, C Y CLERK
r November 20, 1971 DATES
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