12-16-1974 Regular Meeting289
December 16, 1974
The regularly scheduled mid -month meeting of Mayor and Council was held in City Hall,
Smyrna, Georgia, on December 16, 1974 and called to order at 7:30 o'clock P.M. by
prsiding officer Mayor John Porterfield. All Councilmen were present except Earle
Cochran of Ward #7 who was absent due to illness. Also present were L. W. Charles,
City Clerk, Willouise Spivey, Asst. City Clerk, Bob Burchfield, Administrative Asst.,
Nora Proctor, Clerk, James E. David, Public Works Supt., Leon Hood, Building Inspector,
Lee Silver; Director of Parks and Recreation, James Yagadics, Consultant Engineer,
and a representative of the press.
Invocation was given by Councilman E. R. Coalson.
Under "Reports from Citizens", Mr. Richard Kitchens appeared before Mayor and Council
regarding a bad water drainage problem on Campbell Roado Councilman Forster Puffe
suggested that Mr. Kitchens meet with the Streets Committee at 10:00 A.M., Saturday
morning, December 21, in order to try to find a solution to the problem.
A zoning hearing was held on property located in Land Lot 847, 880 „ 846 and 881, at
the southeast corner of Spring Street and Hargrove, from 0-I to G-C, approximately one
acre of a 6.2 plot of land. Mr. John Hathcoat appeared before Mayor and Council to
answer any questions concering the request for rezoning. It was noted the Planning
and Zoning Board recommended denial of the rezoning. After further discussion, C. 0.
Canada motioned request to rezone from 0-I to G-C be approved, restricted to a
service station. Jerry Mills seconded the motion which carried five to one, Marston
Tuck opposed.
A zoning hearing was held on property located in land Lot 452, and known per present
numbering system as 1050 Concord Road, from F-C,to L-C, for the purpose of a dental
lab. Mrs. Marilyn Head'represented the petitioner, Max C. Gantt. Mrs. Head stated
that if the rezoning is approved the house would be completely brick veneered, the
structure wouldibe rewired, and an area to accommodate six.parking spaces would be
paved. The rezoning was approved from F-C to L-C on motion by Forster Puffe, seconded
by Marston Tuck, restricted to a dental lab. Vote on the motion was unanimous.
A management change only for Lums Restaurant, South Cobb Drive, from Edward Green
to Kenneth Schaumberger was approved on motion by Forster Puffe, seconded by C. 0.
Canada. A letter from Lt. David A. Farmer was submitted stating he had checked all
records pertaining to Mr. Schaumberger and knew of no reason the application should
not be approved. The vote was five to one,, Homer Kuhl opposed.
A management change only for Tenneco Stores on Cherokee Road, the 4-Lane Highway,
and Concord Road from Sal Camacho to John Bozik was approved on motion by Forster Puffe
seconded by Jerry Mills. A letter from Lt. Farmer was also submitted regarding Mr.
Bozik stating he knew of no reason why the application should not be approved. The
vote was five to one. Homer Kuhl opposed.
Councilman Homer Kuhl stated he had met with the committee and Mr. McMurrian in regard
to a business license for food and dancing only for Teen Internationale located at
715 Concord Road and motioned that the business license be set at $100.00. Mr. Kuhl
stated he recommended approval of the license on the conditions that the place of
business be closed at 12:00 midnight, that they have security people during hours of
operation, that the City be furnished a list of all officers and directors. Forster
Puffe seconded the motion. C. 0. Canada stated he was against the erection of a sign
prior to applying for a license. Forster Puffe amended the motion to include that
the structure be approved by the Fire Prevention Bureau and Building Inspector prior
to a business license being issued. Homer Kuhl seconded the motion. C. 0. Canada
motioned to table the matter. Marston Tuck seconded the motion. Voting to table:
C. 0. Canada, Jerry Mills and Marston Tuck. Voting against the motion to table:
Homer Kiihl, E. R. Coalson and Forster Puffe. Mayor John Porterfield broke the tie
voting against the motion. A vote on the amendment only was unanimous. Vote on the
main motion to set the license fee at $100.00 and license be issued only with stipu-
lations was three to three. Voting for the motion Homer Kuhl, Forster Puffe and
E. R. Coalson. Voting against the motion Jerry Mills, C. 0. Canada and Marston Tuck.
Mayor Porterfield broke the tie voting for the motion.
Councilman Jerry Mills stated several residents on Fuller Street thought their property
should be changed from R-15 zoning to future commercial since it was practically
surrounded by commercial and they thought perhaps an error was made on the zoning map.
Mr. Mills motioned that this body give the Planning and Zoning Board permission to
initiate the rezoning of Fuller Street from R-15 to future commercial if they thought
an error had been made on the zoning map. The motion was seconded by Marston Tuck and
the vote was unanimous.
Traffic signals were reported as having been installed on Concord Road. Forster Puffe
n
290
(Continuation of December 16th Minutes)
rmotioned that a "right turn on red" be installed on the light at King Street to
Jerry Millis seconded the motion which carried by unanimous vote.
Street Committee Chariman Forster Puffe btated he should have a recommendation on
the traffic light at Spring and Campbell Road at the next meeting.
Mayor John Porterfield stated a meeting had been held with Mr. Musgrove of the Depart-
ment of Transportation regarding the annual road allotment for Smyrna and learned that
the State had considered Concord Road in this year's allotment; however, members of
the department will look over the City's request and make recommendations to Mr.
Musgrove on the 1975 allotment.
Mayor Porterfield further reported that the next segment of letting of bids for widen
of South Cobb Drive from the City limits to 285 would be done in the Spring; also tha
Atlanta Street was discussed and it was suggested that the widening project be handle
as a City or County contract.
Commercial building permits were submitted by building inspector Leon Hood and upon
his recommendations the following action is recorded:
(1) Ronald D. Head, renovate structure at 1050 Concord Road, for the purpose of a
dental lab. Dr. Head also requested a 10' front yard variance. The 10' variance
was approved on motion by Jerry Mills, seconded by C. 0. Canada. The vote was five
to one, Homer Kuhl opposed. Marston Tuck motioned that Council approve the request
for renovation subject to the structure being brought up to the building codegstandard:
brick veneered completely, adequate parking spaces in rear paved, and the shrubbery
be left as is on the side and across the back of the property as a buffer. Forster
Puffe seconded the motion which carried on a five to one vote, Homer Kuhl opposed.
(2) Pizza Hut, Inc., 2520 Atlanta Street (formerly Hood Oil Company) requested a 15'
variance from Atlanta Street and rear yard variance of 28'. Mr. Hoodgsubmitted a
letter from Mr. Bernard Halpern stating he had no objection to the Pizza Hut property
abutting'the Western Auto property. The variance were granted on motion by C. 0.
Canada, seconded by Marston Tuck. The vote was unanimous. Plans for the Pizza Hut
building were submitted and approved by unanimous vote on motion by Jerry Mills,
seconded by C. 0. Canada.
(3) The service station in Grant City was approved as a self service station on
motion by Jerry Mills, seconded by Forster Puffe. The vote was five to one, Marston
Tuck opposed.
(4) Mobil Oil Company, requested approval of service station at the corner of Spring
and Hargrove Road. The plans were approved as submitted on motion by C. 0. Canada,
seconded by Jerry Mills. Vote on the motion was unanimous.
(5) Building Inspector Leon Hood read a letter from John F. Dobson, Attorney for
Mrs. Gloria Formisano, owner of property at 1566 Spring Street, requesting that the
structure be boarded up as a temporary measure pending repairs. C. 0. Canada motion
permission be granted to have the doors and windows boarded up with �" plywood for a
period of sixty days provided it is boarded up within fifteen days. Jerry Mills
seconded the motion. Forster Puffe amended the motion to board up the structure
for ninety days. Homer Kuhl seconded the motion which lost on a two to four vote.
Voting for the motion, Forster Puffe and Homer Kuhl. Voting against the motion,
C. 0. Canada, Jerry Mills, E. R. Coalson and Marston Tuck. A vote was called on the
main motion to board up for sixty days which carried by unanimous vote.
In the absence of Police Committee Chairman Earle Cochran, Mayor John Porterfield
reported that the committee had learned that a proposal on radio maintenance for the
Fire Department, similar to the one for the Police Department, had been made by
Motorola in July or August which had not been acted upon. Therefore, when both
proposals were considered, the committee recommended the low bid of $300.00 per month
by Motorola to cover both Police and Fire maintenance. Jim Hiatt, Pro Service and
Sales, objected stating no one had contacted him in regard to a bid for Fire Department.
equipment and that he was the low bidder on Police radio maintenance. Marston Tuck
also stated he had not been contacted. The bids were referred back to the police
committee for further study with instructions the fire department committee be notified
of the meeting and a recommendation be made at the next Council meeting.
Councilman C. 0. Canada stated a charge of $2.00 per day for impounded vehicles was
the going rate in other areas; therefore, motioned that Mr. Driver be allowed to adjust)
his rate to $2.00 instead of $1.00 per day for impounded or wrecked cars. Marston Tuck
seconded the motion which carried by unanimous vote.
Lee Silver, Parks and Recreation Director, reported that the contract for King Spring
Park would be signed this week and upon receipt of the signed contract, work would begin
(Continuation of December 16th Minutes)
291
within five days.
On motion by C. 0. Canada, seconded by Forster Puffe, the By Laws for Parks and Recre-
ation were approved as submitted. The vote was unanimous.
Per information received from the Georgia Municipal Association, Councilman Homer
Kuhl reported that pursuant to Georgia Laws, 1973, p. 924, effective January 1, 1975,
cities may levy a business license tax on banking associations and federal savings
and loan association based on the amount of money loaned annually at a rate set
forth in the Volume Rate Schedule. Mr. Kuhl motioned the business license tax be
adopted. Forster Puffe seconded the motion which carried by a vote of five. C. 0.
Canada was away from the Council bable at the time of the vote.
City Attorney reported work on the current house bill was in progress, there had been
no meeting on the Model City Charter, and there was no other legislation at this time.
Councilman Marston Tuck motioned that the amended Rules and Regulations for the Fire
Department be adopted as submitted, printed and distributed to all officers and fire
department personnel. The motion was seconded by E. R. Coalson and vote on the motion
was unanimous.
Councilman Homer Kuhl called a meeting with department heads for Wednesday afternoon,
4:30 o'clock P.M., to discuss the Fair Labor Standards Act.
Mayor John Porterfield stated the 201 Facility Plan had been discussed at the December
7, 1974 meeting and he recommedded its adoption. Forster Puffe motioned the plan
be adopted. C. 0. Canada seconded the motion which carried by a five to one vote,
Marston Tuck opposed.
Councilman Homer Kuhl moved that City Hall be closed one-half day December 24 and all
day on December 25 in observance of Christmas Holidays. Forster Puffe seconded the
motion and the vote was unanimous. Homer Kuhl motioned that City Hall be closed
January 1, 1975. C. 0. Canada ;seconded the motion which carried by unanimous vote.
Councilman C. 0. Canada motioned that the Little League ball field at Brinkley Park
be named the Bill Hambrick field in homor of Bill Hambrick. E. R. Coalson seconded
the motion and the vote was unanimous.
Jerry.Mills suggested that homestead exemption be increased to $3000.00. City
Attorney Berl T. Tate to check on homestead exemption on county level.
Councilman Forster Puffe motioned that $1300.00 be appropriated from Contingency Fund
for employees Christmas benefit fund. Jerry Mills seconded the motion which was voted
unanimously.
Councilman Marston Tuck moved that Council go on record as sending condolences to
the family of Lt. James D. Crumbley.
Mayor John Porterfield stated he would notify the Police Department in regard to a
group painting house numbers on the curb and coming back later for donations, that
they must have a permit from Mayor and Council if they continue the practice.
Finance Chairman Homer Kuhl reported that U. S. Treasury Bills drawing interest of
7.45 had been changed to savings certificates at an interest rate of :9%?
The meeting adjourned at 10:05 P. M.
HN C. PORTERFIELD, YOR
41
Marston Tuck, Councilman WARD #1
J ry Mil , Councilman WARD #3
C. 0. Canada, Councilman MUM #5
I/ 1��l "el
L. W. CHA ES, CITY Cl/ I „
Forster_ Puffe, Counc lm 1#2
Kuhl, Councilman WARD #4
t Coalson, Councilman WARD #6
Earl Cochran, Councilman WARD