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06-28-1976 Regular Meeting(Continuation of June 7, 1976 Meeting) Citizen Input: One citizen asked what the deciding factors were in selecting the police chief. Qualification, prior training and experience was the general answer. A citizen asked why city employees did not install the sirens. She was told we did not have the needed equipment and much of the work was technical electrical work. Meeting admourned at 8:54 P.M. June 28, 1976 The regular meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, June 28, 1976. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7:30 o'clock P.M. All councilmen were present except Elbert Coalson who was out of town. Also present was Charles Camp, City Attorney, Willouise Spivey, City Clerk, Lee Silver, Director of Parks and Recreation, Jim David, Supt. of Public Works, Bob Burchfield, Administrative Assistant, Don Atkinson, Fire Chief, Everett Little, Police Chief, Gene Hoaster Building Inspector and representatives of the press. Invocation was given by Councilman Homer Kuhl, followed by the pledge to the Flag. No action under Citizens Reports. The first item of business was the hearing of the appeal of the decision of recorders court for Mrs. Peggy Kemp and Mr. Donald Kemp. Mr. Kemp testified that he pleaded guilty to the charge of crossing the yellow line but pleaded not guilty to the speeding charge; also the other charge against him and the charge against Mrs. Peggy Kemp, was the result of antagonism by Officer Sanford Stakley. Mr. and Mrs. Kemp both testified they did not get a chance to explain to the Judge their opinion of what happened, due to a statement from Officer Stakley that they had filed a complaint against him with the Mayor, and the investigation had not been completed. Mayor Bacon confirmed the fact that Mr. and Mrs. Kemp had filed a complaint against Officer Stakley. Officer Stakley testified the original charges against Mr. Kemp were speeding and crossing a yellow line. The added charge against Mr. Kemp was disorderly conduct. The charge against Mrs. Peggy Kemp was obstructing an officer. Officers C. T. Collins and S. J. Bailey also testified. Earl Cobb testified that Mr. and Mrs. Kemp had just left his house, after having dinner, and were on their way home. Also testifying for the City was Park Ranger Johnny Wellborn, Police Clerk Barbara Dean, Police Officer J. L. LeCroy and Auxillary Policeman West. Evidence was heard for approximately one hour and forty-five minutes, at which time Mayor Bacon called for a motion. Jerry Mills made a motion, that due to the evidence heard, the fine against Mrs. Kemp be reduced from $185..00 to $125.00, and the decision of recorders court on Mr. Donald Kemp be upheld. Bill Darby seconded the motion and the vote was unanimous. $60.00 is to be refunded to Mrs. Peggy Kemp. Robert S. Silliman, Attorney representing Jonquil Broadcasting Company, d/b/a Radio Station WYNX, requested a waiver of height restrictions for a radio tower in the City. He stated the station desired to increase their broadcasting to 24 hours a day, and in order to do this, additional towers and land would be required. The new tower would need to be 158' high and our ordinance has .a 35' height restriction. He stated the Federal Aeronautics Agency had approved the tower up to 199 feet. They wish to locate the tower behind Belmont Shopping Center, and he stated the ground level would not be raised. After discussion, Jerry Mills made a motion the height variance request be granted, subject to FCC and FAA approval. Homer Kuhl seconded the motion and the vote was unanimous. Ms. Sandra Speer, owner of a Farmstead Condominium appeared before council with a complaint the builders of the condominiums had violated the buffer zone restrictions set by council. Mayor Bacon requested Gene Hoaster, Building Inspector, 411 (Continuation of June 28, 1476 Meeting) to check out any violations and take action where necessary. He is to advise Mrs. Speer of his findings and action. A request to annex property at the southwest corner of Pat Mell Road and`Frank Lane, located in LL 276, was made by Henry Scott. Jerry Mills made a motion this property be annexed into the City under the same zoning as is presently zoned by Cobb County. Homer Kuhl seconded the motion and the vote was unanimous. This property is to become a part of Ward 6. A request to rezone property at 1565 Roswell Street from F X . to G.C. was made by Otis C. Dobbins, owner of Dobbins Feed and Seed Store. Mr. Dobbins was represented by his son who stated they wished to build a 100' long metal (Butler) building with a rock or brick front, as a new location for the Feed and Seed store. Mr. Jim Barnes, Fred Hartage and F. M. Whitmore objected to the rezoning. Mr. Barnes pointed out that according to our Future Land Use map the property was marked residential. Bob Burchfield stated an error evidently had been made on the Future Land Use map, as the Existing Zoning map shows this property as future commercial. It was brought out that at the hearing of the Zoning and Planning Board when this rezoning was discussed; a majority of the property owners were present and approved the rezoning. After discussion C. 0. Canada made a motion the hearing be con- tinued until the next council meeting when Mr. Dobbins could submit a petition signed by the home owners on Roswell Street. Jerry Mills seconded the motion and the vote was unanimous. At this point a former owner of this property, Harry Irvin, presented a letter showing this same property has been zoned general commercial in 1973. Jim Tolleson made a motion to rescind the former motion. Homer Kuhl seconded the motion and the vote was four to two. Rem Bennett and Jerry Mills voted against. The motion carried. Jim Tolleson made a motion that property located at 1565 Roswell Street be zoned general commercial, as recommended by the Planning and Zoning Board, and the building to be constructed would have a brick or rock front. C. 0. Canada seconded the motion and the vote was three to three. Jerry Mills, Homer Kuhl and Rem Bennett voted against. C. 0. Canada, Jim Tolleson and Bill Darby voted for. The tie vote was broken by Mayor Bacon who voted for the motion. Motion carried 4-3. Robert Dale, President of Quantum Electrical Contractors, Inc., requested to rezone property located at the corner of Elmwood Drive and Corn Road from R-20 to General Commercial. There was no opposition to the rezoning. C. 0. Canada made a motion the property be rezoned from R-20 to General Commercial as recommended by the Planning and Zoning Board. Jerry Mills seconded the motion and the vote was unanimous. Bids for three (3) new police cars were opened, read and are recorded as follows: John Franklin $4,831.00 each $14,493.00 Carey Paul Ford $4,821.15 each $14,463.45 Homer Kuhl made a motion the bids be turned over to the police committee with authority to act on the low bid. Jerry Mills seconded the motion and the vote was unanimous. Gene Hoaster, Building Inspector, presented requests for commercial building permits and upon his recommendation the following action is recorded: (1) Otis C. Dobbins requested a building permit to construct a building at 1565 Roswell Road. The plans had been checked and approved by the Fire Marshall and he recommended they be approved. Sufficient parking area will be paved and curbed. Homer Kuhl made a motion the permit be granted, with the stipulation the store front would be of brick or stone, and that 10 feet would be given for street improvements. C. 0. Canada seconded the motion and the vote was unanimous. (2) David Kaplan, owner of Plantation Lighting, Jonquil Drive Extension, requested a building permit for a lighting fixture manufacturing plant. The plans had been checked and approved by the fire marshall. Mr. Kaplan also requested a variance of 10 feet in front in order to build a 5 x 20' office area. C. 0. Canada made a motion the permit and variance be granted, with the stipulation that 20 feet be deeded to the City for street improvements. Homer Kuhl seconded the motion and the vote was unanimous. (3) John Dickson requested a permit to install interior partitions for a mini -mall in the existing building located at 3316 South Cobb Drive. Plans had been approved by the fire marshall. Rem Bennett made a motion the permit be approved. C. 0. Canada seconded the motion and the vote was unanimous. (Continuation of June 28, 1976 Meeting) (4) Porter Campbell requested a permit to build a storage building to the side of his restaurant located at 2300 South Cobb Drive. Rem Bennett made a motion the permit be granted. C. 0. Canada seconded the motion and the vote was unanimous. (5) Audie Beshers of 2367 Ventura Road requested a side yard variance of three feet, in order to build a utility building within 7' from the property line. A letter from his adjoining property owner, Mr. James Askea, stated he had no ob- jection to Mr. Beshers building within seven feet of his property line. Rem Bennett made a motion the variance be granted. C. 0. Canada seconded the motion and the vote was unanimous. (6) Edna Davis of 1249 Hayes Drive requested approval of a variance to allow an awning to hang two feet from the property line. She had a letter from her adjoining property owner stating she had no objections. Jerry Mills made a motion the variance be granted. Bill Darby seconded the motion and the vote was unanimous. (7) Wallace Lowery requested a permit to install metal stud walls in a building located at 969 Cherokee Road, for use as a dentist office. Jerry Mills made a motion the permit be granted. Jim Tolleson seconded the motion and the vote was unanimous. Jerry Mills stated he had met with 35 or 40 gas company people and would like to propose, in the form of a motion, to pass an ordinance calling for a moratorium on self-service stations until April 1, 1977. Jim Tolleson seconded the motion. During discussion Homer Kuhl stated this ordinance would be unconstitutional and interferred with the free enterprise system. He stated this would only create problems for us and he thought it very wrong, and that the ordinance should not be approved. Attorney Camp stated it could possibly bring suits against the City, especially if a company already owned the property. Vote on the motion was four to two. Jerry Mills and Jim Tolleson voted for the motion. Homer Kuhl, Bill Darby, C. 0. Canada and Rem Bennett voted against the motion. Homer Kuhl read an ordinance on "No Drinking in City Parks." The ordinance is as follows: Section I 18-3020: It shall be unlawful for any person, group, firm or corporation, while on the premises of any City Park of the City of Smyrna, to carry on said premises or possess or'consume thereon, or to allow any individual within their organization or control to carry on said premises or possess or consume thereon, any alcoholic malt or vinous beverage. Section II: Violation of this ordinance shall be punishable as a misdemeanor in the City Recorders Court for the City of Smyrna, and, in addition to the penalties therein imposed, a report of each conviction hereunder shall be given to the Director of the Parks and Recreation Department of the City of Smyrna, who shall have the power, after taking all facts and circumstances into consideration, to suspend use of the facilities of the Parks and Recreation Department for a period not to exceed one year for each offense. Homer Kuhl made a motion this ordinance be adopted. C. 0. Canada seconded the motion and the vote was unanimous. Jerry Mills reported that bids on Group Insurance for City employees were opened and read Saturday morning. He stated the committee was still studying the bids and called out July 12, 1976 as the date the bid would be awarded. C. 0. Canada made a motion to receive bids, to be opened at the next council meeting, for the following equipment for King Springs Park: (1) Bleachers for $3,950.00 and (2) kitchen equipment for $2,395. Homer Kuhl seconded the.motion and the vote was unanimous. C. 0. Canada requested approval to surplus a front end loader, which he stated was only scrap. He made a motion that we advertise for bidders. Jerry Mills seconded the motion and the vote was unanimous. Jim Tolleson made a motion we change the.specification code of 6" water mains and services to the following: 413 (Continuation of June 28, 1976 Meeting) Water Mains 6" PVC Water Pipe FDR-21 200 PSI Not to exceed six (6) inch Water service Lines 3/4" shall be polyethylene (orangeburg) Hi density Ultra High Molecular Weight 5200-AF 3/4" Corporation stops 5060-AF 3/4" Curb Stops 5605-AF 3/4" Adaptors The motion was seconded by Rem Bennett and the vote was unanimous. Jerry Mills stated he had had a request that a No-U-Turn sign be put up on Highway 41 at Spring Road. Jim David is to check into this. Jerry Mills stated Smyrna had only $100 fire loss last month. Jim Tolleson stated 6,278 water bills were mailed out last month in the amount of $104,041.00, had 86 cutoffs, 66 disconnects, 80 new customers and $995.00 was collected on the new service connections as approved last month. Homer Kuhl called a budget meeting for 5:30 P.M. on Wednesday. C. 0. Canada made a motion to put up dead-end signs at the entrance of Rosalyn Lane and a guard rail across the end of the street. Mr. Canada stated he and Mayor Bacon had met with the property owners and there was no existing right-of-way. Jerry Mills seconded the motion and the vote was unanimous. Rem Bennett made a motion that 4-way stop signs be installed at the intersections of Barbara Lane and Carolyn Drive, and at Lake Drive and Highview Drive. C. 0. Canada seconded the motion and the vote was unanimous. Rem Bennett made a motion the yield sign at the intersection of LaVista Drive and Pinehill Drive be replaced by a stop sign. After discussion, Jim Tolleson seconded the motion and the vote was unanimous. Bill Darby stated he had an application for a detection device permit and needed authority from this body to have our legal council draft a resolution showing our approval and desire to apply for the permit. This was put in the form of a motion. Homer Kuhl seconded the motion and the vote was unanimous. Homer Kuhl read a letter from Jones Intercable requesting a price increase to subscribers, from $5.95 per month to $7.00. Mr. Kuhl stated that according to the franchise with Jones Intercable, any price increase to the customers required council approval, in a certain number of days, otherwise, the price increase becomes automatic. He requested no action be taken at this time, as he wanted to study the franchise further. Bennett Realty Company requested the annexation of 28 lots on Concord Road. Homer Kuhl made a motion the property be annexed and become a part of Ward 7. C. 0. Canada seconded the motion and the vote was unanimous. Lee Silver asked permission to close Ward Street from 11:00 P.M. until 12:00 P.M. on July 2nd, 3rd and 5th, 1976, during the fireworks display. Permission ,was given. Meeting adjourned at 11:30 P.M. ARTHUR T. BACON, MAYOR C WILLOUISE C. SPIVEY, CITY A ERK /N 4%Al / / WILLIAM F. DARBY, WARD 2 r J Y MI , WAAD 3 HOMER KUHL, W 4 C. 0. CANADA, WARD 5 ELBERT R. COALSON, WARD 6 ��►1�,� if s