03-10-1975 Regular Meetingklim
March 10, 1975
The regular meeting of Mayor and Council was held pursuant to the Charter at
City Hall, Smyrna, Georgia, on March 10, 1975, and called to order at 7:30 P. M.
by presiding officer Mayor John C. Porterfield. All Councilmen were present.
Also present were L. W. Charles, City Clerk, Willouise Spivey, Assistant City Clerk,
Robert Burchfield, Administrative Assistant, Nora Proctor, Clerk, Lee Silver,
Director Parks and Recreation, J. E. David, Public Works Superintendent, Leon Hood,
Building Inspector, Joe Briggs, Consultant Engineer, and members of the press.
Invocation was given by Councilman Homer Kuhl.
Mr. Jim Grizzard, Attorney representing Mr. W. D. Hearn on rezoning property
on Cherokee Road and Ward Street, read a letter addressed to Mayor and Council
quoting excerpts from City of Smyrna finalized minutes of September 3, 1964,.in
which this property was zoned C-1, restricted to office or professional building.
Mr. Grizzard requested the City Attorney rule if action taken on May 15, 1967 by
Mayor and Council, lifting these restrictions, applied to the entire track of
land, or only to the part to be purchased by the Tenneco Oil Company. Mayor
Porterfield stated that our Official Zoning Map, effective March 1, 1974, shows
this property as RM-12, and this map supercedes any prior zonings. Attorney Berl
Tate received a copy of Mr. Grizzard's letter and will make a ruling.
ANNEXATIONS: A request by Mary Ann O'Donnell>to annex property known as 171 Pat
Mell Road, Lot 17, in LL 277, was approved on motion by Homer Kuhl, seconded by
Earle Cochran. Vote on the motion was unanimous. This property will become a
part of Ward #6, under the existing Cobb County zoning classification of R-20.
A request by Bill Askea to annex two parcels of land in LL 666, on Elmwood Drive
and Spring Road, was approved on motion by Jerry Mills, seconded by Forster
Puffe. Vote on the motion was unanimous. This property, being parts of Lots
21 and 22, will become a part of Ward #1, under the existing Cobb County
zoning classification of R-20.
ZONING HEARING: A zoning request by Glen Robinson, III and Thomas L. Fricks to
rezone property located at 2365 Spring Road from R-15, to O.I. was declared out of
order by Mayor John C. Porterfield. According to the City of Smyrna Zoning Ordinance
a petitioner must wait 12 months before reapplying for rezoning, unless Mayor and
Council initiate the hearing. Clarence Canada made a motion the zoning fee of
$125.00 be refunded to the petitioners. Forster Puffe seconded the motion and the
vote was unanimous.
Forster Puffe. made a motion that Mayor and Council initiate a rehearing to rezone
the property at 2365 Spring Road from R-15 to 0.I , the petitioners paying the
rezoning fee. Earle Cochran seconded the motion and the vote was four for, and
three against. Jerry Mills, Marston Tuck and Homer Kuhl voted against the motion.
PUBLIC HEARING:
City of Smyrna.
A public hearing was held to amend the Zoning Ordinance of the
The following action was taken:
Forster Puffe made a motion to add, after the last sentence of Article XV, Section'
1508, "This provision shall not apply to property designated F. C. (Future Commercial)
under Article VI, Section 601 and Article VII, Section 708 Future Commercial District
under this Ordinance." Earle Cochran seconded the motion and the vote was unanimous.
___f
Earle Cochran made a motion to add two words "Dental Labs" to Article VII, Use
Provisions, Section 709.6 (1). Forster Puffe seconded the motion and the vote was
unanimous.
Homer Kuhl motioned to add to Article XIII, a section 1306-(d) to read as follows:
"Nothing contained herein shall require a user to comply with minimum set back or
side yard requirements for use of an existing structure". Forster Puffe seconded ___I
the motion and the vote was unanimous.
Earle Cochran motioned to number Article VIII, Area, Yard and Height Requirements -1
Residential District, Article VIII-A, and add the word "paving" in Column 6, making
it read "Maximum Lot Coverage by Bldgs. and other structures including paving
(percent)." Homer Kuhl seconded the motion and the vote was unanimous.
Isomer:..Kuhl=-mcat:caned^tp.nuthe'K,Articlae71,11--'Area,; Yard:and Height Requirements, �
Nonresidential District, Article 'VIII-B and add the word "paving" in Column 3,
making it read "Maximum Lot Coverage by Bldg. and other structures including paving
(percent)." Forster Puffe seconded the motion and the vote was unanimous.
306
(Continuation of March 10, 1975 Minutes)
There were no Commercial building permits to come before douncil.
Leon Hood, Building Inspector, reported he had received a letter from the
Manager of Kentucky Fried Chicken stating the structure located at 2422 Ventura
Place would be demolished this month.
Mr. Hood also reported that Mr. J. I. Moore had purchased the property at
1566 Spring Street and will completely renovatetthe structure. A building permit
will be issued this week.
Attorney Berl Tate stated that a Mr. Johnson had contacted him, asking to set
up a meeting to go over the property owned by Mark Turner on Cherokee Trail,
and make a list of what must be done to bring the house up to standard.
Jerry Mills reported a letter had been received from 'Joe McHarg and Don Wells
stating the sub -fire station would be repaired and brought up to specifications.
Mayor John C. Porterfield read a letter from Dr. R. D. Weber, Clerk of the Civil
Service Board, stating the Board voted to award the new position of Captain of
Police to Lt. Kent R. Sims. Forster Puffe motioned that Kent R. Sims be promoted
to the rank of Captain. After discussion, in which Jerry Mills questioned the
promotional precedures used, and Marston Tuck discussed the qualifications of
all the officers taking the test, the motion was seconded by Homer Kuhl and the
vote was five for and two against. Marston Tuck and Jerry Mills voted against
the motion.
Mayor John C. Porterfield asked approval of Council on the appointment of Frank
Johnson to the Smyrna Merit Board to replace Norman Brenner, who had resigned.
This appointment was made by Winston Burger and James Wigington, the other two
Merit Board members, effective February 24, 1975. Jerry Mills motioned the
appointment of Frank Johnson to the Smyrna Merit Board be approved. Elbert
Coalson seconded the motion and the vote was unanimous.
Homer Kuhl made a motion that Alvin Beaty be hired as Purchasing Agent for the
City at a salary of $10,000 annually, effective March 17, 1975. Forster Puffer
seconded the motion and the vote was unanimous.
Homer Kuhl reveiwed the financial statements and explained some of the
expenditures. He asked that each chairman hold the line on expenditures.
Mayor Porterfield asked Elbert Coalson to look into the purchase of a low
boy tractor.
Homer Kuhl asked that all 75-76 budgets be prepared and turned in by May
15, 1975,-"-to---,be finalized and approved June 16, 1975. Mayor Porterfield
reminded all Councilmen to hold the budgets as low as possible.
Homer Kuhl made a motion to waive specifications and purchase a Burroughs
TS889 Check signer and protector for $1,208.00, less 10%. Clarence Canada
seconded the motion. After discussion on whether to purchase the equipment
this fiscal year, the vote was six to one. Forster Puffe voted against the
motion.
Marston Tuck made a motion to reject all bids received for the two-way radio for
Civil Defense Department. Forster Puffe seconded the motion and the vote was
unanimous.
Marston Tuck motioned to purchase a General Electric Scanner on a State Contract
for $1,143.74. Elbert Coalson seconded the motion and the vote was unanimous.
Marston Tuck reported the D. 0. T. recommendations for traffic lights at Spring
Street and Farmstead would cost from $12,000 to $14,000. The committee recommend-
ed that 8" lamps be installed at Farmstead, with loop, and leave the intersection
with the old style lamps, at a cost of $500.00 The light at the park road would
npt be controlled by that system.
r
Homer Kuhl reported he had no report from A. R. C {'on the personnel evaluation
study as yet, but would contact them this week. e _
Lee Silver reported the King Spring Parkshad a Priority #1 rating, but the
amount of funds is not known at this time.
Lee Silver also reported the Smyrna Parks and Recreation Department had been
awarded a Sponsorship for a Girl Scout Troup for the retarded.
307
(Continuation of March 10, 1975 Minutes)
On motion by Homer Kuhl, seconded by Forster Puffe, the minutes of February 3, 1975
were approved as submitted. Vote on the motion was unanimous.
On motion by Earle Cochran, seconded by Clarence Canada, the minutes of February 17,
1975 were approved as submitted. Vote on the motion was unanimous.
On motion by C. 0. Canada, seconded by Jerry Mills, the minutes of February 18,
1975 were approved as submitted. Vote on the motion was unanimous.
On motion by Forster Puffe, seconded by C. 0. Canada, the minutes of the Special
meeting of November 21, 1974 were approved as submitted. Vote on the motion
was unanimous.
Mayor John C. Porterfield reported the only good news they could report from
their trip to the National League of City Conference in Washington was that
Federal Revenue Sharing would probably be reenacted for another year, with
minor changes.
Homer Kuhl reported he attended the workshop on Collective Bargaining and there
was no good news he could report; that the Federal Goverment is attempting to
regulate municipal public labor relations.
Earle Cochran attended the workshop on L.E.A.A. Funds and reported only cities of
population of 30,000 or more would receive these funds. The initial allotment of
L.E.A.A. Funds was cut by $110,000,000.
Forster Puffe attended the workshop on CETA Funding. He reported these funds
probably would be extended.
The Smyrna Optimist Club Program of "Youth in Government Day" was welcomed by
Mayor and Coucil. The youth will attend the Council Meeting of March 24, 1975 and
March 29, 1975 is Departmental Visitation Day.
Mayor Porterfield presented a letter from the Mayor of Perry, Georgia, along with
a copy of a resolution referring to crime and punishment in the State of Georgia.
He requested we consider adopting a similar resolution. On motion by Jerry Mills,
seconded by Elbert Coalsori,- the vote to adopt this resolution was unanimous.
Marston Tuck requested this resolution be made a part of the minutes of this
meeting.
C. 0. Canada, Jerry Mills and Earle Cochran stated they would attend the Seminar
for City Councilmembers, to be held at the Marriott Motor Hotel, March 19-20, 1975.
On motion by Forster Puffe, seconded by C. 0. Canada, permission was given the
Kennesaw Mountain Chapter on the National Foundation of the March of Dimes, to
come through Smyrna on their 20 Miles Walkathon on March 22, 1975. They will
walk on Jones Shaw Road, Benson Poole Road to South Cobb Drive. Vote on the
motion was unanimous.
Mayor and Council is invited to participate in the DeMolay Parade, 11:00 A. M.
March 15, 1975, forming at Cobb Center.
C. 0. Canada made a motion that we send out bids for wrecker service for the
next year, using the same specifications as last year, with the exception that
the company furnish the City with a copy of their insurance policy. The present
contract expires March 18, 1975. Elbert Coalson seconded the motion. After
discussion the vote was six to one. Marston Tuck voted against the motion. Bids
are to be opened at the next meeting.
On motion by Earle Cochran, seconded by E. R. Coalson, Council voted unanimously
to buy a 1/2 page ad in the Shrine Circus Program, at a cost of $150.00
Marston Tuck motioned that Sgt. Galloup be appointed as the Civil Defense
Communications Officer, effective March 1, 1975, at a salary of $20.00 per month.
Mayor and Council agreed with the appointment of Sgt. Galloup, but delayed any
approval until the wage and hour laws could be checked.
Meeting was adjourned at 10:01.
W