December 3/17/29, 1973 Mayor and Council Meeting
DECEMBER 3, 1973
arly scheduled meeting of Mayor and Council was held pursuant to the Charter
all. Smyrna. Georgia. on December 3. 1973 and called to order at 7:30 o'clock
presiding officer Mayor John C. Porterfield. All Councilmen were present.
Also present were: L. W. Charles. City Clerk. N. Proctor. Clerk. J. E. David. Supt.
Public Works. Leon Hood. Building Inspector. C. C. Porterfield. Chief of the Fire De-
partment. Consultant Engineer. Joe Briggs. and a representative of the Marietta press.
Invocation was given by Councilman Homer Kuhl.
Under Citizens Reports. Dr. Cecil Grogan. President of the Kiwanis Club of Smyrna. ap-
peared before Mayor and Council and read a resolution which had been unanimously adopted
by the Kiwanis Club as follows:
TO:
MAYOR AND COUNCIL. CITY OF SMYRNA. GEORGIA
FROM:
PRESIDENT. CECIL GROGAN. BOARD OF DIRECTORS AND MEMBERS OF THE KIWANIS
CLUB OF THE JONQUIL CITY
SUBJ:
RESOLUTION UNANIMOUSLY PASSED BY SAID CLUB
WHEREAS: The president. Board of Directors and membership of the Kiwanis Club
of the Jonquil City. have demonstrated keen interest in the ecology factors
which make Smyrna one of the South's most beautiful cities. and:
WHEREAS: We are mindful of our civic duty to show support to our civic fathers.
in their attempt to give us representative ordinances which reflect the majority
opinion of the citizens of Smyrna. in delicate matters such as Ecology:
It is resolved that notification be given to the Mayor and Council
that the full membership of the Kiwanis Club of
such august body in their effort to draft an
any Land Developers within the City Limits of Smyrna.
trees removed by their development by a standard amount
to be determined by the Mayor and Council) within a
This 29th day of November. 1973.
Mr. Paul Grebe. 766 Powder
to slowing traffic on P
lined the street
Atlanta Street to S
School and Birch St
to J. E. David and
the traffic on Powder
Street. appeared before Mayor and Council in regard
Street. He stated when the state recently center-
tted and there were no traffic controls from
for the school sign between Wills High
terfield referred the double centerlining
hairman Jack Miles to have the Police Department check
Springs and make recommendations.
on to place a trailer in the rear of 3020
family. Mrs. Alexander was told it would be
the petition she submitted to be sure all
etition; also. that it would be necessary for
physician stating this was a hardship case. The
at the special called Council meeting to be held
in order.
Mrs. Melb
Pinecrest to
necessary to check all signatures on
persons within 300 feet
her to submit a letter s
Council vote on the matter
December if all papers were
Mr. Jim Leisendahl of K
resolutions which if ad
control insurance. The
appeared before Mayor and Council with two
would enable citizens of Smyrna to buy flood
made a part of the minutes of this meeting.
On motion by Marston Tuck~ seconded by Homer Kuhl. Resolution A was adopted as pre-
sented by unanimous vote.
On motion by Marston Tuck. seconded by C. O. Canada. Resolution B was adopted by
unanimous vote.
(Continuation of December 3, 1973 meeting)
A zoning hearing was held on property located at 3016 Atlanta Road from R-l to District
"C". Attorney Quinton King represented the petitioner Geneva Arnold. A few citizens
opposed the rezoning. However. after further discussion. and confirmation that accord-
ing to Smyrna's new future land use map the property would eventually go commercial,
the property was rezoned from R-l Residential to District "c" on motion by Forster
Puffe. seconded by E. R. Coalson. The vote was four for the motion and three
Voting for the motion. Forster Puffe. E. R. Coalson. Arthur T. Bacon and Jack Miles.
Voting against the motion. C. O. Canada. Homer Kuhl and Marston Tuck.
A zoning hearing was held on property located at 3020 Atlanta Road. next south of the
Geneva Arnold property. from R-l residential to C-I commercial. The same citizens
opposing the Arnold rezoning opposed the zoning at 3020 Atlanta Street. Attorney
Quinton King also represented Martha Quarles on rezoning this property. rezoning
was requested for the J. S. Ross engineering firm. Mr. Ross stated he proposed to
completely renovate the inside of the building but would not make any changes on the
outside other than to install new gutters and paint the structure; also there would be
no trees removed and there was ample space for parking in the rear. Mr. Ross submitted
plans showing the proposed parking area. On motion by Forster Puffe. seconded by
E. R. Coalson. the property was rezoned from R-l residential to C-l commercial.
restricted to professional offices per plans submitted. Voting for the motion. Forster
Puffe. E. R. Coalson. C. O. Canada. Jack Miles, and Arthur T. Bacon. Voting against
the motion. Homer Kuhl and Marston Tuck.
A zoning g was held on property located at 960 Powder Springs Street from R-l
C-l commercial for the purpose of operation of a Day Care Center. Mr.
W. A. Brown stated the State Department of Family and Children's Services had informed
him that Day Care Centers must be located in a C-l zoning. Paul Grebe objected to
the property being zoned C-I or "spot zoning", although it is adjacent to the park
and across the street from Wills High School. Mr. Brown was requested to check further
with the state requiremeqts to determine if the Day Care Center crould be located in an
R-l zoning classification provided it had the approval of Mayor and Council. On
motion by Marston Tuck, seconded by Jack Miles. the hearing was continued to December
17. 1973. Vote on the motion was unanimous.
Commercial were submitted by building inspector Leon Hood and upon his
recommendations action is recorded:
(1) Muffler Service. Glendale Place. Council was told the business would be
very to Midas Muffler Service. On motion by C. O. Canada. seconded by Jack
Miles, the plans were approved as submitted. Vote on the motion was unanimous.
(2) DeLowe Glass Company. 247 Woodruff Drive. addition of 14' to the present structure.
Approved by unanimous vote on motion Marston Tuck. seconded by Arthur T. Bacon.
(3) State Neon Sign. erect new sign 35' in height at the Waffle House. 2599 South
Cobb Drive. Approved by unanimous vote on motion by Arthur T. Bacon. seconded by C. o.
Canada.
(4) Watkins Pharmacy. new building to be located at 421 Jones Shaw Road. 30' by 70',
Approved unanimously on motion by E. R. Coalson, seconded by Arthur T. Bacon.
Building Inspector Leon Hood reported that nine houses on Ventura Road had been con-
demned under the Southern Building Code and that certified letters were being sent to
30 owners of property on Ventura Road listing violations and giving them
days to bring the structures up to requirements of the Southern Building Code or
further legal action would be taken.
Mr. Hood further reported that Manning Plumbing Company had been notified they had
thirty days to cease operation at the rear of 2968 Atlanta Street.
J. E. David was requested to check on construction trucks using Navaho Trail to get
to the apartment project.
Building Inspector Leon Hood was requested to contaet Mr. Bob King of Concrete Specialists
in regard to renewing his request for a mobile office at 2994 Atlanta Street or cease
operation and move the trailer.
(Continuation of December 3. 1973 meeting)
It was r ted that all cables had been installed by Southern Bellon Love-Concord but
might require another four weeks. J. E. David was requested to check with
C. W. Matthews Contracting Company to determine if they could start their work prior to
completion by Southern Bell.
There was no report on paving of Industrial Drive. Councilman Forster Puffe requested
the street committee meet with him and Mr. Caplan in regard to this matter on December 4.
Finance Chairman:JHomer reported that three banks had agreed to finance the Caterpillar
to be purchased from Yancey Brothers at 5% interest; however. he would check further to
determine if a lower rate could be obtained.
Councilman C. O. Canada
Brinkley. Whitfield and
C. C. Lee of Smyrna AAA
motion was seconded by E. R.
rks committee had reviewed the bids on fences for
and recommended the low bid of $1332.00 be submitted
Company. Mr. Canada motioned the low bid be approved.
Coalson and the vote was unanimous.
On motion by
bids on wr
Canada
for review
Homer Kuhl. seconded by C. O. Canada. authority was granted to secure new
for city vehicles. Vote on the motion was unanimous. C. O.
ions would be prepared and brought to the next Council meeting
Mayor John C. Porterfield
ment heads on ways to c
received they would be compiled
had already received some recommendations from depart-
etc. and when all recommendations had been
ubmitted to each councilman.
Acquisition of approximately 25 acres of land located in land lot 483 and 526. McCauley
and King Springs was reported. Approval of fund transactions. $65.000 from Entitlement
#1 Revenue Sharing a from the General Fund. which was transferred from State
Grants to the General approved on motion by Forster Puffe. seconded by C. O.
Canada, Vote on the motion was unanimous. The $50.000 will be transferred back to
State Grants after receiving $50.000 from State funds in January.
Councilman Forster Puffe stated a Civic Center Committee meeting would be held December 12.
A Resolution recmmmending that Kennesaw Junior College be made a four-year college. was
adopted as submitted and read on motion of C. O. Canada seconded by Forster Puffe. Vote
on the motion was unanimous.
BE IT RESOLVED by the Mayor and Council of the City of Smyrna that
the Board of Regents of the University System of Georgia be. and is hereby
urged. to favorably consider constituting Kennesaw Junior College a four-year
university so as to enable them to grant full baccalaureate degrees.
Financial reports had not been prepared and discussion on this was deferred to the next
meeting.
On motion by Homer Kuhl. seconded by Forster Puffe. the minutes of November 5. 1973.
were approved as suhmitted. The vote was six for the motion. Jack Miles abstained.
On motion by Homer Kuhl. aeconded by C. O. Canada. the minutes of November 19. 1973 were
as submitted and corrected. Vote on the motion was six for the motion Jack
abstained.
J. E. David and the Street Committee was requested to check out bids from A & P Signal
Company on traffic lights for verification.
An Answer on drain pipe for Bill MacKenna's property on Spring Street was scheduled for
the next meeting.
Purchase of a new flag for City Hall was referred to City Clerk. L. W. Charles.
On motion
Eldorado Club.
unanimous.
T.
ord
by Marston Tuck. the application submitted by
a pouring license was denied. Vote on the motion was
that Council waive the bid prodedure and purchase an
Department at a cost of $795.00 (originally;$1375
Marston Tuck seconded motion. The vote was unanimous.
The meeting adjourned at 9;55 P. M.
DECEMBER 10. 1973
A scheduled meeting of Mayor and Council was held at City Hall. Smyrna. Georgia. on
December 10. 1973. and called to order at 7:00 P. M. by presiding officer Mayor John
C. Porterfield. Al~ Council,.melllibers were present. also City Clerk. L. W. Charles. Leon
Hood. Councilmen elect Jerry Mills and Earle Cochran. and members of the Planning and
Zoning Commission.
The purpose of the meeting was the scheduled reading of the City of Smyrna New Comprehen-
sive Zoning Ordinance. as submitted by J. P. Kidd and Associates.
The reading. commencing at 7:00 o'clock P. M. and comprising of approximately 60 pages,
more or less. was completed at 1~:45 P. M.
Motion by Arthur T. Bacon. seconded by Forster Puffe. that the New Zoning Ordinance of
the City of Smyrna be and is hereby approved as submitted and amended. and shall become
the official Zoning Ordinance of the City of Smyrna effective March 1. 1974. The motion
as stated was approved by unanimous vote. All council members in attendance.
Council approved unanimous vote a mobile home occupancy permit (hardship case)
for Mrs. p~lba Alexander. 3020 Pinecrest Circle. It was brought out that the signed
petition and medical report was in order. The motion was made by C. O. Canada and
seconded by Forster Puffe.
Motion to adjourn was made at 11:50 P. M. by C. O. Canada.
********************************
DECEMBER 17. 1973
The regularly scheduled mid-month meeting of Mayor and Council was held at City Hall.
Smyrna. on December 17. 1973, at 7:30 o'clock P. M. Mayor John C. Porterfield
Councilmen were Also present were: L. W. Charles. City Clerk.
Willouise Spivey. Asst. City . Nora Proctor. Clerk. J. E. David, Supt. of Public
Works. Leon Hood. Building Inspector and a representative of the MARIETTA Press.
Invocation was given by Cheryl Emmett.
Bob King appeared before Mayor and Council and stated that he had been unable to find
a suitable place for hls business. and asked that he be given a ninety day extension to
operate.i from the mobile office presently located.at the corner of Love Street and Atlanta
Road. Arthur Bacon made a motion the extension be granted. The motion was seconded by
Jack Miles and the vote was unanimous.
Daniel M. Acker of 2781 Carolyn Drive appeared before Mayor and Council with regard to
smoke from the condominums adjoining his property. He stated his home was in
smoke from the fireplaces when the wind was blowing in that direction. He if any-
thing could be done to eliminate this problem. and suggested that the chimneys might be
hightened to get the smoke above the homes. Mayor Porterfield instructed Leon Hood to
look into this problem and talk with the builder to see if anything could be done.
Miss Cherjl Emmett. a member of Crusade for Christ. appeared and asked that members of
Mayor and Council sponser Wanda Edwards from Campbell High School to a Crusade for Christ
meeting at Rock Eagle. December 26 through 31. The cost of food. 1.odging and transporta-
tion to this meeting is $50.00. They agreed to sponsor Miss Edwards and pledged $50.00
to be collected by City Clerk L. W. Charles after the meeting.
Mrs. Emmett requested that the property at the corner of Spring Street and Anderson
Circle be cleaned up. She stated the house is vacant and in need of repairs. also the
yard is eluttered and is a rat den. Mayor Porterfield asked Leon Hood to inspect the
property and also to report it to the Health Department.
Mayor John Porterfield reported that W. A. Brown had been advised by the State that the
Day Care Center on Powder Springs Street does not require a C-l zoning. Clarence Canada
made a motion the rezoning of this property be denied. The mot.ion was seconded by Homer
Kuhl and carried by unanimous vote. Mr. Puffe made a motion that the residency require-
ments for this property be waived. The motion was seconded by Clarence Canada and the
vote was unanimous.
On motion by Marston Tuck. seconded by Forster Puffe. January 21, 1974 was the date set
for a zoning hearing on property located at 3016 Atlanta Road. from District C to C-l
Restricted. professional offices. Vote on the motion was unanimous.
On motion by Arthur Bacon. seconded by Forster Puffe. a malt beverage (pouring) and wine
(Continuation of December 17. 1974)
(pouring> license was approved for Steverino's Sandwich Shop, 2514 Atlanta Street. The
vote was six to one. Homer Kuhl opposed.
in management at Stefanos Italian Restaurant. formerly Mr. Red's to John S.
was approved on motion by Arthur T. Bacon. seconded by Forster Puffe. Mr.
to submit the names of the other owners for approval when the business is
incorporated. The vote was six to one. Homer Kuhl opposed.
The change in management for Cruise Grocery was deferred.
Progress on Concord-Love was reported as slow but that some storm sewers were installed
last week. J. E. David reported the county had agreed to help remove the poles.
Progress on South Cobb Drive was reported as very good. Mayor Porterfield warned that
some motorists were using the side lanes and several wrecks had occured.
Councilman C. O. Canada stated he would call a garage committee meeting before bids
were mailed out for city wrecker service. and would have a report at the next council
meeting.
J. E. David presented the original map of right-of-way purchases for widening Spring
Street. The City purchased 25 feet for right-of-way from Bill MacKenna along the property
with the drainage problem. Mayor Porterfield instructed Mr. David to advise Mr. MacKenna
that the City would for the installation of drainage pipe if he would pay for the
pipe. approximately .00. and report at the next meeting.
Commercial building permit was submitted by building inspector Leon Hood and upon his
recommendations the following action is recorded:
Don Taylor. of McArthur Concrete Products. requested permission to build a metal building
with a bri~k front to be used as a hardware store.east of Bill's Restaurant. The front
will be paved before occupancy. and will have a total of 50 parking spaces. On motion
by Homer Kuhl. seconded by Elbert Coalson. the permit was approved by unanimous vote.
Mayor John C. Porterfield instructed Jim David to coordinate with A & P Signal Co.. and
the State Highway Department as soon as possible with reference to additional and existing
traffic signals on South Cobb Drive.
Jim David reported he had contacted Harold's Sales & Service and they would correct the
centerlining on Powder Springs Street in January.
Mayor John Porterfield
and quantities received h
rted there was a definite improvement in our fuel consumption
been stabilized.
Forster Puffe reported the Civic Center had been officially incorporated December 12. 1973.
the
Cobb
955L. was to be purchased and financed through the
5% interest.
A Finance Committee meeting will be set up this week to review ~inancial reports through
October.
Mayor and
the City of Smyrna would be glad to accept the property of
the Government. In order that this property would
Limits. Marston Tuck made a motion to annex Matthews
present C1ty limits to where it adjoins the Govern-
ion was seconded by Homer Kuhl and carried unanimously.
Marston Tuck reported the steel was up on the new Fire Station.
cited into court each week but the house at
It was reported the Cobb Exchange Bank will
974. Berl Tate is to talk with the lawyers for
of the status of this property. He will report
had gone out to all property owners on
property up to standard. He has some
to check on business licenses. bring the tax maps
tax evaluations. etc. and made a motion to hire
1. 1974. at a salary of $800 per month. plus $100
by was unanimous.
Dsy program on
meeting reservat
(Continuation of December ~7. ~973)
would not be made for the dinner.
The 32nd Cobb County Chamber of Commerce Banquet will be held January 11, 1974. at 6:30
P. M. at the Royal Coach Inn and all members stated they would attend.
Mayor Porterfield called a meeting for 9:30 A. M.. December 29th. to discuss park
development. Several companies had expressed an interest in developimg the park. and
he suggested they be invited to the meeting - each being limited to 20 minutes to express
his views.
Clarence Canada reported repairs on the Teen Canteen had been completed and he invited
all Councilmen to inspect the work.
Homer Kuhl made a motion that City Hall he closed Monday and Tuesday for Christmas
Holidays. E. R. Coalson seconded the motion and the vote was unanimous.
Meeting adjourned at 9:00 P. M.
*********************************
DECEMBER 29. 1973
A special meeting of Mayor and Council was held at City
December 29. 1973. at 9:30 o'c~ock A. M. Mayor John C. Porterfield pr
Councilmen except Jack Miles were present. Clarence Canada and Marston Tuck were five
minutes late. Also present was Willouise Spivey. Asst. City Clerk. Jerry Mills. Earle
Cochran. Leon Hood and David Farmer.
No reports from citizens.
Arthur Bacon made a motion
license for Clure Grocery.
the vote was three to one.
to approve the management change for beer and wine package
formerly Cruise Grocery. It waS seconded by Elbert Coalson and
Elbert Coalson. Arthur Bacon and Forster Puffe voted for. Homer
Kuhl against.
An application was submitted for a liquor and beer pouring license at the Norseman
Apartments. Mayor Porterfield stated our ordinance did not.,allow for a beer and liquor
pouring license in this establishment. Arthur Bacon made a motion this license be
denied. It was seconded Elbert Coalson and the vote was unanimous.
Leon Hood. Building Inspecuor. reported the owner of the vacant
of Spring Street and Anderson Circle had been notified of
ing code.
a.t the corner
the standard build-
A request was made by Ronald P Johns to annex
333. Cooper Lake Road (south of the Turley
this property be annexed into the corporate limits under R-l zoni~g.
March 1. 1974. The motion was seconded,by Arthur Bacon and the vote
This property is to become a part of Ward 7.
750' in
a motion
R-15 ctive
was unanimous.
Homer Kuhl reported the financial statement good, with only
the garage and sanitation. operating in the red month. He also
that Phase 6 of the EEP Program was phased out as of December 31.1973. Only
Paula Cannon. was effected and she will be transferred to the administrative
5. effecting three employees. will definitely run through February 1974.
be notified if funds become available to extend the program beyond that date.
reported
one
budget.
We will
CHANGE: Homer Kuhl made a recommendation that
Fortune Teller. Clairvoyant Character Re
stated our present fee of $3000 was the in the stat
changed from $3000 to $1500. Mayor recommended
reduced to $1500 after six months residency. Marston Tuck
to read. $1500 after one year's Arthur Bacon
and the motion carried four to one. with
change from $3000 to $1500 was denied on a four to two vote.
was four to two. Elbert Coalson and Marston Tuck voting against;
Canada. Forster Puffe and Homer Kuhl voting for.
the business license
be changed. He
a motion it be
the fee at $3000.
tion be
amendment
The original motion to
vote on the motion
Arthur Bacon. Clarence
City Hall will be closed January 1. 1974. New Year's Day.
\~
and
A motion was
the
read a letter from the Cobb County
all Food Service Establishments in
as required
made by Homer K
be adopted as an
Health Department
the City in
Georgia and the Cobb
by Elbert Coalson. and
asking our assistance in
with the Health Codes
County Health Department.
voted unanimously. that
Ordinance:
Mr. Kuhl
amendment to our Business License
(Continuation of December 29. 1973 meeting)
THE ISSUANCE OR RENEWAL OF BUSINESS LICENSE FOR FOOD SERVICE ESTABLISHMENTS SHALL BE
CONTINGENT UPON SATISFACTORY COMPLIANCE WITH RESPECTIVE HEALTH CODES AND REGULATIONS AS
REQUIRED BY THE STATE OF GEORGIA AND THE COBB COUNTY HEALTH DEPARTMENT.
CITY OF SMYRNA MAYOR. WITH APPROVAL OF COUNCIL AT NEXT REGULAR MEETING. MAY SUSPEND
AND/OR REVOKE THE BUSINESS LICENSE OF ANY FOOD SERVICE ESTABLISHMENT FOUND IN VIOLATION
OF THE STATE OF GEORGIA AND COBB COUNTY HEALTH DEPARTMENT CODES AND REGULATIONS. UPON
WRITTEN NOTICE FROM THE COBB COUNTY HEALTH DEPARTMENT OF REVOCATION OF THE HEALTH PERMIT.
IF CORRECTIVE MEASURES ARE NOT MADE AS REQUIRED BY THE STATE OF GEORGIA AND COBB COUNTY
HEALTH DEPARTMENT CODES AND REGULATIONS.
Due to the numerous incidents which have occured at the Corner Grill. Mayor Porterfield
recomn~nded the Malt Beverage Pouring license be suspended until a could he
suspended until a hearing could be held to show cause why the license should not be
revoked. The motion to suspend the license was made by Homer Kuhl. seconded by Elbert
Coalson and voted unanimously. Lt. David Farmer picked up the license immediately.
With reference to developing the new park site at King Springs and
tatives from three firms came before Mayor and Council as follows:
Mayes. Sudderth & Etheredge
J. P. Kidd & Associates
Ross & Associates
After a discussion of qualifications and fees. Marston Tuck made a motion the contract
be awarded to Mayes. Sudderth and Etheredge. contingent on reaching a cost agreement.
The motion was seconded by Clarence Canada and the vote was unanimous.
Meeting adjourned at 12:04 P. M.
********************************
WARDi! 1