11-04-1974 Regular Meeting281
NOVEMBERi;4, 1974
The regularly scheduled meeting of Mayor and Council was held pursuant to the
Charter at City Hall, Smyrna, Georgia, November 4, 1974. Mayor John Porterfield
was absent. All Councilmen were present and the meeting was called to order at
7:30 o;clock P.M. by Mayor Pro Tem Councilman Homer Kuhl. Also present were
L. W. Charles, City Clerk, Willouise Spivey, Asst. City Clerk, Bob Burchfield,
Administrative Assistant, Nora Proctor, Clerk, J. E. David, Supt. of Public
Works, Leon Hood, Building Inspector, Joe Briggs, Consultant Engineer and repre-
sentatives of the press. Lee Silver was attending the Georgia Parks and Recreation
Convention in Savannah.
Invocation was given by Councilman E. R. Coalson..
Under Agenda Item No. 2, Reports from Citizens, the following action is recorded:
(1) Mr. Hiram Singleton, 2635 Old Concord Road, appeared before Council with a
complaint about the driving range at 2600 South Cobb Drive. Mr. Singleton stated
balls from the driving range had damaged his roof, broken a windshield on his
truck, several windows and sliding doors had been broken, and he was deprived of
use of his back yard. Building Inspector Leon Hood stated he had talked with
Mr. James Pressley several weeks ago and was told that he, Mr. Pressley, would
contact Mr. Singleton and make full compensation for any damages. Mr Hood also
stated that on September 9, 1974, he read a letter to Council from Mr. Pressley
requesting permission to continue on temporary basis, using the left rather
than the right side of the driving range. It was also reported that very few, if
any, repairs had been made on the net. Earle Cochran motioned that the business
license for the driving range be suspendedtonight and that Mr. Pressley appear
at the next Council meeting to show cause why it should not be revoked. Jerry
Mills seconded the motion and the vote was unanimous. It was also recommended
that before a new license is issued, the driving range be brought up to standards.
(2) Rev. James Rice of Kennesaw, appeared before Council with a complaint that
due to the objection of one person, the police had informed him he was in violation
of a City Ordinance by using a loud speaker while preaching on the state right -
of' -way at Belmont Hills Shopping Center and requested permission to continue to
preach on private property in the City. Jerry Mills motioned that Rev. Rice be
allowed to preach the gospel on pr ivate property. The motion was seconded by
Forster Puffe. The motion was ammended to "be allowed to preach on private
property, provided he has approval of the property owners." The vote was four
for the motion, Jerry Mills, MArston Tuck, Forster Puffe and E. R. Coalson.
C. 0. Canada and Earle Cochran abstained. The noise ordinance was referred to
the City Attorney for checkout anddclarification.
Forster Puffe submitted a signed petition, representing about 70 families, in
the Argyle Subdivision in regard to over capacity loaded trucks on Campbell
Road, excessive speeding, students at Campbell High School parking on each side
of the street and parking on the road at Aunt Fannys, making it unsafe for adults
and children to walk on Campbell Road. Forster Puffe motioned that "No Parking"
signs be erected on the north and south sides of Campbell Road from Atlanta Road
to Argyle Drive, and on Argyle Drive, east and west sides, from Campbell Road to
Ann Road. The motion was seconded by E. R. Coalson and the vote was unanimous.
Earle Cochran was requested to contact the police department in order that they
coulidmaintain a closer waych in the area. Mr. Puffe stated he would write Mr.
Robert Ash, Principal of Campbell High School, giving reasons for the "No Parking"
signs and making the action effective on a date that would give the students
ample time to find other parking places. Uames David was requested to replace
load limit sign on Campbell Road.
Earle Cochran stated he still needed a street list from Wards 3, 4,and 5 to
submit to the State so that radar can be used in certain sections of the City.
There were no zoning petitions, hearings or annexations.
The application for retail beer(package) and retail beer (pouring) submitted by
Norman D. Partee, Marvin's Deli, Grant City, was'approved on motion by Forster
Puffe, seconded by Jerry Mills. A letter from Lt. David A. Farmer was read stating
he had completed his investigation and knew of no readon why the licenses should
not be issued. Vote on the motion was five to one, Earle Cochran opposed.
Action on a restaurant and dnace facilities requested by Mr. McMurrian, 715 Concord
Road was deferred to the next meeting since Mr. Kuhl had been unable to contact him.
Progress report on Concord Road was as follows:
(a) No report from the Department of Transportation.
(b) Superintendent for Neel Contracting hospitalized today; therefore, it will
be at least three weeks before work on the sidewalks will begin.
282
(Continuation of November 4th Minutes)
(c) Traffic signals have not been received.
(d) Councilman Homer Kuhl to follow up on request by the Post Office to have
mail boxes installed at the street.
There were no commerdial building permits to come before Council.
The ordinance on Masseurs and Massage Parlors, tabled on October 21, 1974, was
approved on motion.by Homer Kuhl, seconded by Forster Puffe. The vote was five
�'for the motion, Earle Cochran opposed.
TheROctober,7, 1974 minutes were approved on motion by Forster Puffe, as
submitted and corrected. Earle Cochran seconded the motion and the vote was
unanimous.
The minutes of October 21, 1974 were approved as submitted on motion by Forster
Puffe, seconded by Jerry Mills. Vote on the motion was unanimous.
It was noted the summary of all departments was omitted from the Financial statement,
(This recap was made and placed in boxes of Councilmen on November 5, 1974). It
was also brought out that the amount spent over budgetary figures on Association
Dues and Meeting expense was due to the GMA Convention; that there was no budget
to cover the $2700 engineering expenses, and the Library had received back orders
on books which caused it to go over the amount budgeted. The sixteen thousand
($16,000) in the red on sewer charge was also called to the attention 6f Council.
Councilman Homer Kuhllstated werhave had sufficient experience to re -negotiate
the percentage to be paid to the county.
Six sealed bids on one police patrol car were opened. E. R. Coalson motioned the
bids be turned over to the committee for check out of specifications and acceptance
of the low bid. Earle Cochran seconded the motion. After discussion and due to
deviations from the agreed procedure in securing bids, Forster Puffe moved that the
police committee be instructed to have the same dealers resubmit bids per specifi-
cations for opening at the next meeting. C. 0. Canada seconded the motion and the
vote was unanimous. Marston Tuck moved that all bids be cleared through Assistant
City Clerk, Will6uise Spivey, for checkout of wording, prior to being mailed.
The motion was seconded by C. 0. Canada and the vote was unanimous. Marston
Tuck requested Mrs. Spivey to type the proper procedure for securing bids and give
a copy to each department head. Also to request that a copy of all bid requests
be placed in each councilman's box.
Y
Tax collections through November 4, 1974 were reported as $196,911.48.
A meeting was called for 10:00 A.M. Saturday morAing, October 9, 1974, to discuss
the fiscal year audit. Jerry Mills suggested departmental audits should also be
made. Mr. Kuhl stated this had been discussed by the finance committee and he would
like to get together with other council members in:regard to this and proposed
purchasing agent.
City Attorney Berl T. Tate stated he had not been able to contact the lawyer
representing the suit pending against the City in the amount of $200,00
but would try to contact him before the Saturday meeting.
Bob Burchfield was requested to give the City Attorney all information pertinent
to the preparation and submission of the 1974 House Bill.
E. R. Coalson stated we need to cut off water and collect overdue accounts.
He was referring to the $69,000 deficit on books at the present time.
In the absence of Lee Silver, Mr. Canada reported the Senior Citizens Center Open
House a great success, with 125 in attendance, also 80 citizens made the trip to
Stone Mountain. The Holloween Carnival was also reported very successful with
many calls complimenting the City.gn the Carnival.
C. 0. Canada motioned that permission be given to the Baptist Church to install
a light on the 25' missile at thecchurch entrance. Jerry Mills seconded the motion
and the vote was unanimous.
J. E. David was requested to take the neccessary 'action to correct overflow of lift
station at 417 Willowbrook Drive. Mr. Cochran also stated the hole had not been
filled on Fawn Lane and should be corrected. Mr. Cochran asked for a'report at
the next meeting.
C. 0. Canada recommedded that something be done about the manholes on Atlanta
Road and Powder Springs. J. E. David stated the street department would take
283
(Continuation of November __4th Minutes)
the necessary action on Powder Springs; however, the ones on Atlanta Road belong
to the telephone company.
The meeting adjourned at 9:20 P.M.
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November 18, 1974
The regularly scheduled mid -month meeting of Mayor and Council was held at City
Hall, Smyrna, Georgia, November 18, 1974, and called to order at 7:30 O'dlock P.M.
by presiding Officer Mayor John C. Porterfield. All Councilmen were present.
Also present were L. W. Charles, City Clerk, Willouise Spivey, Asst. City Clerk,
Bob Burchfield, Administrative Assistant, Nora Proctor, Clerk, Lee Silver, Director
of Parks and Recreation, J. E. David, Supt. of Public Works, Leon Hood, Building
Inspector, Donald Atkinson, Asst. Fire Chief, Joe Briggs, Consultant Engineer,
and representatives of the press.
Invocation was given by Councilman Homer Kuhl.
Under Agenda Item, Reports from Citizens, Mr. Bennett complained of rats running up
and down and across the street at South Cobb Drive and Ridgecrest - Property owned
by L. W. Boring. Mayor Porterfield stated he had contacted Mr. Boring and had been
told he would have a tractor in Monday to plow up premises; however, due to weather
conditions he apparently had been unable to have this done. Until this can be
accomplished, J. E. David was requested to distribute rat posion on the premises.
Marston Tuck stated there were other parts of the City where rats should be
eradicated. Jerry Mills stated that 300 pounds of rat posion had been purchased
and stated that Jack Eudy should be informed of any property where it should be
distributed.
A citizen living on Carolyn Drive complained of "egg throwing" and stated the paint
job on her car had been ruined. It was reported that "egg throwing" in the Carolyn
Drive, Spring Drive and Springcreek Place areas over the week -end was the worst
it had ever been and policemen were working in the area, and did wake several
residents asking that they wash their cars to preserve the paint.
City Attorney Berl T. Tate was requested to have George H. Kreeger set up a meeting
with D. 0. T. Officials the first part of December in order to get certain streets
paved.
I Mr. Jim Oates, President of the Georgia Recreation and Parks Society, presented to
Councilman C. 0. Canada a Recognition -Lay Award on behalf of an outstanding job
done in Parks and Recreation for the City during the past sixteen years. Mayor
Porterfield also congratulated Mr. Canada.
Annexation of approximately six acres of land in Land Lots 846, 847, 880 and 881,
submitted by George Desern, owner of the property, was the next item of business.
The property is located at the intersection of Hargrove Road and Spring Rdad. On V
motion by Forster Puffe, seconded by Marston Tuck, the property was annexed as
requested and made a part of Ward A. The vote was six for the annexation, C. 0..
Canada,was away from the Council table.
Annexation of property located in Land Lot 381, 100' x 328', Concord Road to Smyrna
Hill Drive and Sherwood Road, for a westside fire station, wasi,gpproved on motion by°
Marston Tuck, seconded by Forster Puffe, and made a part of Ward V . Vote on the
motion was unanimous.
A zoning hearing was held on property located at 955 Concord Road, requested by
J. T. Hicks, from F-C to L-C, for the purpose of a Day Care Center. A discussion
followed on traffic hacking up on Concord Road, driveway for the center, number of
children per square foot, and state approval before business license is issued, also,
usage of the present structure. Three persons appeared in opposition to the day
care center, because of note, traffic conditions and usage of present structure.
After further discussion, Earle Cochran motioned that the request be approved,
restricted to a day care center, with a minimum of a 20' driveway. The motion was
seconded by C. 0. Canada and the vote was six to one, Homer Kuhl opposed.
1 Mayor John Porterfield presended a Distinguished Service Award to Mr. Melvin Ivey
in appreciation for his outstanding service as a member of the Civil Defense Rescue
i service since 1966.
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