April 16/May7/21, 1973 Mayor and Council Meeting
PAGE 148
(Continuation of Apri1 16, 1973 Meeting)
Page 14!'fJ
+
\,..,.
(Continuation of
16. 1973
PAGE 150
(Continuation of April 16. 1973
PAGE 151
(Continuation of April 16. 1973
page 152
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WARD 113
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PAGE 153
MAY 5. 1973
A special called meeting of Mayor and Council was held in City Hall. Smyrna.
Georgia. on Saturday. May 5. 1973.
A motion was made by Councilman Homer Kuhl at 10:06 A. M. to declare the
meeting a regular called Councilman Arthur T. Bacon seconded the
motion. Mayo'r~J. C. p'resided and Council members present were:
C. O. Canada. Arthur T. Bacon. Forster Puffe and Homer Kuhl. Asst. City
Clerk D. Scott Jackson was also presen't.
The purpose of the meeting was to discuss an ordinance authorizing the pur-
chase of park 'property.
Councilman Forster Puffe motioned the ordinance be approved as presented
authorizing the purchase of property in Land Lots 483 and 526. of the 17th
District. 2nd Section. Cobb County. Georgia. for recreation purposes; the
to be made from Guardian Investments. Inc.. and the 'Ordinance'. to
made a part of Minutes of this meeting. The motion was seconded by Homer
Kuhl and vote on the motion was unanimous.
On motion by Homer Kuhl. seconded by C. O. Canada. the meeting adjourned at
10: 10 A. M.
Above motion was discussed after the meeting with E. R. Coalson and Marston
Tuck who approved.
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MAY 7. 1973
The regularly scheduled meeting of Mayor and Council was held. pursuant to
the Charter. at City Hall. Smyrna. Georgia. on May 7. 1973. and~called to
order at 7:30 o'clock P. M. by presiding officer John C. Porterfield. All
Council Members were present. Also present: L. W. Charles. City Clerk.
Leon Hood. Building Inspector. C. C. Porterfield. Fire Chief. J. E. David.
Public Works Supt.. N. Proctor. Clerk. Dick Willis. Consultant Engineer.
and a representative of the Marietta press. Scott Jackson was absent.
Invocation was given by Councilman Homer Kuhl.
Mr. Quinton King appeared before Mayor and Council with a complaint regarding
business licenses for apartments. Mr. King stated this had been ruled
unconstitutional in some cities and requested the City Council to rescind
the ordinance relating to apartments in the City of Smyrna. Mayor J. C.
Porterfield referred the matter to City Attorney BerL T. Tate and told Mr.
King he would be notified of Mr. Tate's ruling.
Mr. Joe McHarg. Architect, appeared before Mayor and Council with preliminary
plans of the new fire sub-station. Councilman Marston Tuck motioned the
preliminary plans rendered be approved as submitted and that Mr. McHarg be
au to proceed with detailed drawings and plans. The motion was
se y Arthur T. Bacon and voted unanimously. The cost of the station
was estimated at $65.000.00
A zoning was held on property located at 2810 Cobb Lane. District
"c" to C-l. estate office. Mr. Bill Blount. representing the petitioner.
stated the building would be remodlej to conform with Land Mark Realty building
next door. There was no opposition to the rezoning. On Motion by C. O. Canada.
seconded by Marston Tuck. the property was zoned as requested from Dist. "c"
to C-l. restricted to a prOfessional office. per p~aus submitted. Vote on
the motion was unanimous.
CONTINUATION OF MAY 7. 1973 MINUTES
PAGE 154
was held on property located in Land Lot 594. District "c"
eque Restaurant. and known per present numbering system as 1641
Extension. There was no opposition to the rezoning. On motion
onded by C. O. Canada. the property was rezoned as
trict "c" to C-l. restricted to a barbeque restaurant.
Vote on the motion was unanimous.
held on the Harold El perty, 22 acres. located
Woodruff Drive, "to C-2. There~ was no
rezoning. Mr. Dallas Mr. Ellman appeared before
to answer any questions regarding the proposed commercial
ff and storage warehouses. On motion by Arthur T.
uffe, the prop rezoned from R-2 to C-2
retail dist ion, offices, and warehouse
the motion was unanimous.
On motion by
set to consid
seconded by c. O. Canada, May 21"
f seventeen a Diamond
807. fronting on Vote on
was unanimous.
t was submitted by Councilman Marston Tuck for Pinkerton and Laws
to use the existing building located at 2750 Hargrove Road. leased
for a period of years from Charles F. Brown and zoned C-l
~ fo the sales and leasing of office type trailers.
. Laws also this property calls for fencing in of the back
feet of rage of these trailers~ and that there would
this would be done by mail order and telephone.
ter three years the old house would be torn
Southern Bell building would be constructed
Tuck, seconded by E. R. Coalson, the request
f a maximum of three years. the permit to be
six trailers on the property at anyone time;
Arthur P. Laws outlining use of the property be
this meeting. Vote on the motion was six to one.
, Smyrna Taxi Company, appeared before Mayor and
taxi fares. On motion by E. R. Coalson.
50c for the first 1/5 mile and 10c
approved by unanimous vote.
submitted by building inspector Leon Hood
following action is recorded:
W. Hood. President of Hood Oil Company,
ion to Halpern Enterprises to erect a building
ty line at the rear of the Hood Oil Station
On motion by Arthur T. Bacon. seconded by C. O.
rear yard set back was granted. Vote on the
f a 4' X 12' unlighted
Plaza. This permit
for checkout with state regulations. On
C. O. Canada. the permit was approved
Atlanta Street. Approved unanimously
T. Bacon.
ive, two story addition to
on motion by Homer Kuh1. seconded by
{Bill to 534 Benmac
by Marston Tuck, with the
location within 90 days. Vote
ved on motion by
Vote on the motion
Atlanta Street. steel type metal structure.
Approved on motion by Marston Tuck. seconded
motion was unanimous.
(Continuation of May 7. 1973 Minutes)
PAGE 155
(8) Homes. remodel house 2810 Cobb Lane. for real estate office.
Passed by unanimous vote on motion by Marston Tuck. seconded by Forster Puffe.
The application submitted by Mr. Marion W. Croker for a beer pouring license
at Gigi's. Grant City, South Cobb Drive. was approved on motion by Arthur T.
Bacon, seconded by Forster Puffe. The vote was six to one, Homer Kuhl opposed.
The
at
Bacon,
submitted by Mr. Marion W. Croker for a wine pouring license
's. Grant City. South Cobb Drive. was approved on motion by Arthur T.
seconded by Forster Puffe. The vote was six to one, Homer Kuhl opposed.
Road ects:
Atlant oad: Attorney Berl T. Tate was requested by Mayor J. C. Porterfield
to ask George H. Kreeger to make an appointment with Mr. Musgrove of the
Department of Transportation at the earliest possible date at a time when
Mr. Kreeger could accompany Mayor and Council to the meeting.
On the recommendation of Consultant Mayes. Sudderth, and Etheredge.
and on motion by Marston Tuck, the low bid of Nichols Contracting Company
of Mableton. was accepted, including both Alternate I and II. for relocation
of utilities on South Cobb Drive.
Base Bid
Alternate I - Use of ductile iron pipe in lieu of cast iron
Alternate II Use of open cuts in lieu of boring & jacking
Total
$69,348.50
+ 921.00
The motion was seconded by Jack Miles and carried by unanimous vote.
On the recommendation of Consultant Engineers. Mayes, Sudderth and Etheredge.
and on motion by Marston Tuck. seconded by Jack Miles. the low bid of Nichols
Contracting Company was accepted, including alternate I, for relocation of
utilities on Love-Concord connector.
Base Bid
Alternate I. Use of ductile iron pipe materials in lieu or
cast iron TOTAL
$52.361.25
Vote on the motion,~(was unanimous.
There was no report on resurfacing of Church Street, Powder Springs and
Highland Drive. J. E. David was requested to contact Gene Jackson to determine
if the work orders had been returned from the state off~ce.
Bids for a new roof for City Hall were opened and are recorded as rollows:
W. P. Stephens Lumber Company. Marietta. Georgia $3,058.57
Harold Parris. Smyrna, Georgia $2,800.00
On motion by Homer Kuhl. seconded by E. R. Coalson. the low bid was accepted
subject to checkout with the building inspector. Vote on the motion was
unanimous.
Bids for an air conditioning unit for City Hall were opened and are recorded
as follows:
E. Smith and Air Conditioning, Inc., Marietta. Ga. $6.395.00
Cobb and Air Conditioning Co.. Inc., Smyrna, Ga. $6.284.50
The low of Cobb Heating and Air Conditioning Co., Inc. in the amount or
$6.284.50 was accepted on motion by Marston Tuck. subject to checkout or
specifications by the building inspector and and air conditioning
inspector. The motion was seconded by Homer Kuhl carried by unanimous
vote.
On motion by Councilman Homer Kuhl. authorization was granted for the purchase
of a new Saxon copying machine for City Hall at a cost of $111.15 per month
to be paid rrom the General Fund. The copier presently used in City Hall
will be transferred to the police and the machine in the police
department will be transferred to department. The motion to purchase
the new machine for City Hall was by Councilman Marston Tuck and
vote on the motion was unanimous.
(Continuation of May 7. 1913 Minutes)
PAGE 156
On by Jack Miles. seconded by C. O. Canada. authorization was granted
to to be opened June 4. 1973 on one new police Car; the specifications
to around one make car only. Vote on the motion was unanimous.
On motion by Marston Tuck. seconded by Forster Puffe. authorization was granted
to let bids for a sanitary sewer line from Brenda and Spring Drive (gravity
to the county line; the bids to be opened May 21. 1913. The cost
$15.000. Vote on the motion Was unanimous.
Councilman Arthur T. Bacon
that
to draw
was seco
reported there were eleven houses on Fleming Street
and motioned that the engineers be authorized
ect and give an, estimated cost. The motion
voted unanimously.
Councilman Forster
committee had visi
felt they were
read a Resolution
of Smyrna.
by
amended on unan
ting on the proposed Civic Center stated the
Civic Centers in Georgia and Alabama and they
tart interviewing architects. Mr. Puffe also
make the Civic Center an official body of the
Berl T. Tate reworded the Resolution and on
ed by Arthur T. Bacon. it Was adopted as
RESOLUTION
OF
OR AGREEMENTS FOR PURCHASE
BE RECOGNIZED AS AN OFFICIAL
ST OF MAYOR AND COUNCIL AND
CITY. FOR ALL MATTERS CONCERNING THE
CONFIRMATION BY THE MAYOR AND COUNCIL
OBTAINED PRIOR TO ENTERING INTO ANY CONTRACTS
MATERIALS OR SERVICES.
that the committee would meet with the Board of
for the purpose of discussing the purchase of
High School. this being the best site for the
eld to attend this meeting. City Clerk L. W.
e a letter to Mr. Jack N. Darnell. Chairman of
. certifying action by Council making the committee an
City of Smyrna to be delivered to the meeting by Mayor
Mr. Forster Puffe also re ted on the Parks and Recreation committee meeting
held April 30. 1973. Mr. stated Mr. Bill Trail had resigned and Mrs.
Marion Wilhelm was elected chairman and Mr'. Gene vice chairman. Mr.
Puffe requested approval of Mr. Jerry Hughes to fill vacancy in Ward #2
the of Mr. Trail. Some of the Council were of the
t since s is President of the Pony League he would not
under the rules originally agreed upon. After further discussion.
it was agreed the committee would make a recommendation to Council. The
regular meetings of the committee are held on the last Monday of each month.
A Rec~eation Director f:or Smyrna was discussed. Mr. Puffe stated two suggestions
had been made: (1) a full time director could be employed for approximately
to $13 per year. or (2) a director who would serve on the county
d r the county. but be specifically assigned to
for per year. Mayor J. C. Porterfield stated
recommended this be considered when
effect' of March 1974. Mr. Puffe
the Parks ttee be contacted prior to the
ed to the finance committee.
worked out with the county has been 100%
more school facilities will be made avail-
1 T. Tate was requested to check the title on the Old Elementary
Street in the interest of acquiring this property.
Homer Kuhl and Councilman
Automated Business
. payroll. waj::er
41 machine. Mr.
on bringing the
Mrs. Spivey regarding
(Cont~nuation of May 7. 1973 Minutes)
PAGE 157
On motion by E. R. Coalson. seconded by Marston Tuck, June 4, 1973 was the date
set for a public zoning hearing on property located in Land Lot 446. and known
as 940 Cherokee Trail, from R-l residential to C-l commercial. Vote on the
motion was unanimous.
On motion byE. R. Coalson, seconded by Jack Miles. June 4. 1973 was the date
set for a public zoning hearing on property located at 620 Cherokee Road.
from C-l restricted to a steak house to C-l commercial unrestricted. Vote
on the motion was unanimous.
On motion by Marston Tuck. seconded by Arthur T. Bacon. June 4. 1973 was the
date set for a public zoning hearing on property located in Land Lot 520
(vacant property owned by B. F. Reed) from District C commercial to C-2
commercial. Vote on the motion was unanimous.
On motion by Forster Puffe. seconded by C. O. Canada. the minutes of April 2.
1973 were approved as submitted. Vote on the motion was unanimous.
The minutes of April 16. 1973 were approved as submitted on motion by Forster
Puffe. seconded by Arthur T. Bacon. Vote on the motion was unanimous.
Councilman Homer Kuhl reminded Council Members to sign the Minute Book.
Mayor J. C. Porterfield read a letter from Jeff Davis, Jr., Attorney for
Burson Properties. in regard to sewer tap on fees for the Norseman Apartments.
Mr. Davis stated Mr. Steve Clay had made a preliminary investigation b~t was
out of town snd would not return until May 9. 1973.
It was announced that the next meeting of the Planning and Zoning Board would
be held in the Council Chamber on May 16. 1973. at 7:30 o'clock P. M.
Councilman C. O. Canada requested additional police patrol of the parks.
was referred to police committee chairman Councibnan Jack Miles.
This
Councilman Marston Tuck stated that $2500 was set up in the Civil Defense budget
for two sirens and moved that bids be let for the two sirens to be opened at
the May 21. 1973 meeting. Arthur T. Bacon seconded the motion which carried
by unanimous.vote.
On motion by Homer Kuhl. seconded by Marston Tuck. the 1973 Schedule of Business
Licenses was amended as follows:
No. 2520 Nursery or~Kindergarten Children. ADD: CHURCHES EXEMPT
The vote was five to two. Arthur T. Bacon. and C. O. Canada opposed.
Councilman Homer Kuhl reminded all committee chairman and department heads to
continue work on the 1973-74 budgets.
The meeting adjourned at 10:09 P. M.
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MAY 21. 1973
The regularly scheduled mid-month meeting of Mayor and Council was held at
City Hall. Smyrna. Georgia. May 21. 1973. and called to order at 7:30 o'clock
P. M. by presiding officer Mayor John C. Porterfield. All Councilmen were
present. Also present were: L. W. Charles. City Clerk. D. Scott Jackson.
Asst. City Clerk. Willouise Spivey. Asst. City Clerk. Leon Hood. Building
Inspector. J. E. David. Supt. of Public Works. A. L. Coleman. Heating and
Air Conditioning Inspector. W. L. Westbrook. Plumbing Inspector. N. Proctor.
Clerk. Dick Willis. Consultant Engineer. and a of the Marietta
press.
Invocation was given by Senator Joe Thompson.
Mr. Wallace Reed of the Ten-Four Club (Radio Club) of Marietta appeared before
and Council requesting sion to hold a bucket brigade on June 23.
. at three intersections the City of Smyrna. The proceeds are to
be used to help a kidney machine for Cobb General Mayor
John C. Porterfield the City ordinance on bucket briga~es which
prohibits people from standing in the center of the streets; however. stated
it was to stand on the curbs at intersections. Mr. Reed stated
~
(Continuation of May 21. 1973 Meeting)
158
by E.
will
would with all regulations and ordinances of the City. Council-
Kuhl motioned the be granted provided all aolicitors were
and that in streets. The motion was seconded
R. Coal by unan~ous vote. Police Chairman Jack Miles
the Pol tment.
on the Diamond & Kay acres
Land Lots 778. 806. and 807. R-Z to C-l. Mr.
ted photoa of in Sandy Springs
s~ilar they planned for the area. Mr. stated they
desired work in two phases. the first phase to consist of approximately
100.000 feet 0 and when the total project would
consist approximat are feet:. was no to the
zoning. On motion by Forster Puffe. seconded by Marston the property
Was zoned from R-2 to C-l. l~ited to office institutional and retail. Vote
on the motion was unan~ous.
On motion by Homer
Set for an appeal f
was unan~ous.
onded C. O. Canada. June 4. 1973.was the date
Recorder's Court for Mike T. Gloyd. Vote on the motion
Per suOm
by c. O.
on
commercial. for a Day Care
McArthur. and on motion Homer Kuhl.
1973 was the date set for public zoning
Concord Road. from C commercial to C-1
Vote on the motion was unan~ous.
On motion by C. O. Canada. seconded
date Set for public zoning on
from C commercial to C-l commercial.
was unanimous.
Marston Tuck. June lB. 1973 was the
located at 675 Cherokee Road.
a Shop. Vote on the motion
motion wss unanimous.
by Building Inspector Leon Hood
action is recorded:
permit an attendant type service station
Leon Hood atated the plans had been approved
the permit granted. On motion by
Canada. the permit was granted. Vote on the
granted.
requested permit for an all
of property. to be used as an
C. O. Canada. seconded by Marston Tuck.
motion was unanimous.
are as follows:
ed he. senator Joe Thompson and
street committee. met with Mr. Musgrove of the
May 21. 1973. He reported the D. O. T. would
downtown area of Atlanta Street if We Secure
d furnish us with a cost est~ate on three
Wednesday, 30th at 5:30 P. M.
that Mr. Tom Mitchell. District
Council at City Hall at 11:
Mayor Porterfield reported the County
e contract to C. W. Matthews Contracting
Wednesday A. M.
Defense and are recorded as follows:
$1.143.00
1.513.00
1.113.60
1,465.47
(Continuation of May 21. 1973
PAGE 160
One bid waS received on construction:
Ledbetter Electric Co.
Atlanta. Georgia
Wiring-Run t::.onduit from to
pole behind department
$539.50
Wiring-Run conduit from panel to
Fire Station
539.50
A motion was made by Marston Tuck. seconded by Elbert Coalson to refer the
bids to committee with authority to act on low bid. Vote on the motion was
unanimous.
Bids were opened on the Spring Street and Brenda Drive Sanitary Sewer System.
and are recorded as follows:
J. E. Lovern Const. Co.
Smyrna. Georgia
$15.503.00
Graham Contractors. Inc.
College Park. Georgia
24,990.00
A motion was made by Jack Miles. seconded by C. O. Canada. that ths bids be
referred to the for check-out to and recommendations.
reporting at the next meeting. Vote on the motion was unanimous.
Dick Willis the design for Fleming Street Sewerage
and should be complete this week. As soon
by the Water Quality Control Board, a date can be set for
Consultant
has been
as they are
letting of bids.
Mayor Porterfield stated he had before
with reference to the Civic Center
will check to be sure the property across from
declared surplus. They will report to us their
Puffe the building committee is in the
architects for the Civic Center and will
the Cobb County School Board
were very cooperative and
Jr. High School can be
findings. Councilman Forster
of inte'rviewing
one or more for Council
Parks and Recreation
from Ward 2 on the
in Ward 4.
A name was not submitted to fill the vacancy
Recreation Committee. A vacancy was also
Attorney Berl Tate
Marston Tuck the plans are in the hands
lans should be within two weeks.
Will hsve report within five to
seven
(4)
(5)
he
Mr.
(6)
(7)
it was seconded by
(8)
not
will be cited into
court.
(9) Hall: Homer Kuhl made a motion for
City material. plus 20%. Seconded
Vote on the motion was unanimous.
(10) bui Romer Kuhl
for the ad of 1200
space. to be done by J. A. Bailey on a cost plus 20% basis. to
Revenue Sharing Funds. The motion was seconded by Jsck Miles.
opposed the motion and suggested we the until
the trucks to a neW location increase the of
being to the library; and further. mot.ioned the matter be
Forster Puffe seconded the moaion. The vote was two to table. Marston Tuck
and Forster Puffe for. and Homer Kuhl. Arthur Bacon. Jack Miles. C. O. Canada
Jack
committee
Canada will be ready next week.
Romer Kuhl will set
Homer Kuhl made a
C. O. Canada. Vote
No report.
his was
meeting with Mr.
but
committee next week.
motion City closed May 28th.
on the motion was unanimous.
Leon Hood stated that if house is
f his letter. 17. 1973. Mark Turner
to show cause why he should not held in contempt of
of the
C. O. Canada.
made a motion
feet of
from
Marston Tuck
we could move
feet
a
PAGE 161
(Continuation of May 21. 1973 Meeting)
and Elbert Coalson voted against. A vote on the original motion was five for and
two against. Marston Tuck and Forster Puffe voting against.
(11) Dist , A ril & 10 Months Cumulative: Councilman
Forster Puffe r months report.
Mayor Porterfield announced the opening date of Expo "73" was May 23. 1973.
A
and Zoning Committee Meeting is set for May 24. 1973 at 7:30 P. M.
Mayor Porterfield read a letter from the Smyrna Girl's Softball Association
requesting permission to have an opening day parade June 2. 1973. beginning at the
Smyrna Drive-In on Atlanta Street at 8:30 A. M.. to Cherokee Road. to South Cobb
Drive. Concord Road. Street to Jonquil Park. ending at 9:30 A. M. Jack Miles
made a motion to grant the request. The motion was seconded by C. O. Canada. The
vote was unanimous.
Arthur T. Bacon stated a new state law had been passed permitting beer to be sold
in liquor stores and our ordinance covering distances should be revised. He made
a motion that Berl Tate combine the three ordinances now on the books into one
ordinance covering beer. wine and liquor. making the distance the same. The motion
was seconded by C. O. Canada. The vote was six to one. Homer Kuhl opposed. (Liquor
to be changed from 250' to 200' to conform to beer and wine Ordinance and State Law.
c. O. Canada made a motion to allow Jack Hurst to use Brinkley Park May 28. 1973
for the purpose of having a donkey softball game. The motion was seconded by Marston
Tuck. and the vote Was unanimous.
C. O. Canada reported he had secured the use of the Wills High School Baseball field
for the remainder of the season for use by Smyrna Softball teams.
River
saved.
reported the Smyrna Civil Defense units were on duty at the Chattahoochee
due to the actions of one unit the life of a young man was
The Smyrna Civil Defense should be commended.
D. Scott Jackson. Tax Assessor and Assistant City Clerk. read a letter of resignation
31. 1973. He has accepted a position with the Richmond County Tax
ffective June 1. 1973. Mayor Porterfield accepted his resignation
regrets.
Meeting adjourned 9:13 P. M.
**************************,,<*
WARD III
114