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12-01-1975 Regular Meeting359 December 1, 1975 The regular meeting of'Mayor and Council was held pursuant to the Charter at City Hall, Smyrna, Georgia, December 1, 1975, and called to order at 7:30 o'clock P. M. by presiding officer Mayor John Porterfield. All Councilmen were present. Also y present were L. W. Charles, City Clerk, Willouise Spivey, Asst. City Clerk, Nora Proctor, Clerk, J. E. David, Supt. of Public Works, Leon Hood, Building Inspector, George H. Kreeger, Acting City Attorney, George Harden, Consultant Engineer,, -Bob Burchfield, 'Administrative Assistant and members of the press. Invocation was given by Councilman Homer Kuhl, followed by the Pledge to the Flag. Pete Brown of the Smyrna Jaycees requested permission of Mayor and Council to hold an Empty Stocking Fund Drive on December 6th, 7th, 13th and 14th. The request was granted on motion by Jerry Mills, seconded by Earle Cochran. The vote was unanimous. Mr. Berry Teague of Post Properties requested an adjustment in sanitation rates since all of the Post Properties Apartments are single units and; therefore, would not have the same amount of garbage to be picked up as some of the larger units. Mayor John Porterfield stated he did not feel Mayor and Council could make any changes during the present budget period, and suggested that Mr. Teague contact the incoming Council in order that they could consider any adjustment prior to the next budget period. Mr. Richard Terrell of 454 Smyrna Powder Springs Road stated he had received a letter from building inspector Leon Hood stating he was in violation of the City ordinances in storing building materials on his property, and he did not feel he was in violation of any ordinance. After further discussion, Mr. Terrell was requested to remove all materials not usable off the premises and clean up his rear yard as soon as possible, then meet with the Garden Club members in the neighborhood and try to work out a solution suitable to both parties. Mayor John Porterfield read letters from City Clerk L. W. Charles and Smyrna Fire Chief, C. C. Porterfield, giving their official notification of retirement from service with the City of Smyrna, effective December 31, 1975. On motion by Homer Kuhl, seconded by E. R. Coalson, the retirement of City Clerk L. W. Charles was accepted with regrets, and Willouise Spivey was named acting City Clerk, effective December 15th. Vote on the motion was unanimous. On motion by Earle Cochran, seconded by Forster Puffe, the retirement of C. C. Porterfield, Fire Chief, was accepted with regrets, and Don Atkinson was appointed acting Fire Chief, effective December 15th. Vote on the motion was unanimous. As requested, Forster Puffe motioned that Smyrna Cablevision (Anoconda) be transferred to Cobb County Cablevision Associates, subject to all franchise taxes due the City being paid. The motion was seconded by Jerry Mills and the vote was unanimous. E. R. Coalson stated the sanitation committee had checked the bids on a 1/2 ton pickup truck for the sanitation department, and the bid was awarded to John Smith Chevrolet. The request of Stephen E. Brown to rezone from 0-D to General Commercial, property located at 618 Roswell -Smyrna Road, Land Lot 634, was approved on motion <Earle Cochran, seconded by Marston Tuck. The vote was unanimous. There were no commercial building permits to be brought before Council. Lee Silver reported the King Spring Park building would be completed December 13th and the dedication ceremony would be held at 10:00 A. M., December 20th, with Lt. Governor Zell Miller as speaker. Jerry Mills reported that progress was going well on Fire Station #3, and dedication would probable be on January 3rd.. J It was reported that all papers regarding State Route #3 and resurfacing of 3.67 miles in the City had been signed and mailed back to the state office. Mayor Porterfield stated he met with Commissioner Ernest Barrett and Mr. Barrett stated the county would work with the city on furnishing and installing pipe on Jonquil Drive and he was under the impression they would also help with grubbing and grading', however, he would talk further with Mr. Barrett. 360 It was reported that the sanitary sewer facility from Hargrove Road to the County facility on Old 41 Highway had been discussed with Mr. Howard Ellis. :Tames E. David was requested to check on the possibility of running the line west to the church property. Marston Tuck motioned that the Pawn Shop Ordinance be amended as follows: _- Section 24: "Daily" report to be changed to "weekly" report., ' Section 24; (a): fifth line, from "twenty-four (24) hours" ending at 8:00 P. M. changed to "seven days',' ending at 8:00 P. M...... Section 31: "bowie knives" be deleted. On motion by Homer Kuhl, seconded by Earle Cochran, the Pawn Shop Ordinance was adopted as submitted and amended as stated above. Vote on the motion was unanimous. Appointment of a person to fill the vacancy on the Planning and Zoning Board was deferred. Appointment of -a person to fill the vacancy on the Merit Board was deferred. On motion by E. R. Coalson, seconded by C. 0. Canada, City Attorney Berl T. Tate was authorized to defend the City of Smyrna and Mayor and Council in suits pending against the City and Mayor and Council. Vote on the motion was unanimous. A meeting was set up for 5:30 P. M. Wednesday with Kidd and Associates to discuss the subdivision regulations or annexation study, another meeting to be set up at that time for the other study. r It was announced that the Smyrna Bicentennial Open House would be held December 9th at 9:30 A. M. at Belmont Hills Shopping Center. The meeting adjourned at 9:22 P. M. December 15. 1975 The regularly scheduled mid -month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia on December 15, 1975, and called to order at 7:30 o'clock P. M. by presiding officer Mayor John Porterfield. All Council members were present. Also present were L. W. Charles,.City Clerk, Willouise Spivey, Asst. City Clerk, Nora Proctor, Clerk, J. E. David, Supt. of Public Works, Leon Hood, Building Inspector, Bob Burchfield, Administrative Assistant, George Harden, Consultant Engineer,Berl T. Tate, City Attorney and members of the press. Invocation was given by Councilman Homer Kuhl, followed by Pledge to the Flag. There was no action under Agenda item No. 2, Citizens Reports. Fence bids for King Springs Park were opened, read and are recorded as follows: 1-A 2-A 2-B 3-A 3-B Circle A. Fences 13,972.44 12,578.00 29,525.20 4,217.25 9,719.65,i Greater Cobb 33,240.96 22,984.64 28,863.20 7,076.88 8,665.90 Marietta Fence Co. 13,711.00 11,333.44 16,391.12 3,931.82 5,927.72 U. S. Steel Corp. 17,658.06 No bid No bid No bid No bid Acme Fence Co. 9,962.72 8,791.36 15,464.32 3,188.51 6,862.98 The bids were referred to the Parks and Recreation and Finance Committees for checkout of specifications and report back to Council their recommendations. A zoning hearing was held on property located at 705 Cherokee Road, Land Lot 374, from L..C. to N. S., for the'purpose of an antique shop. Don Plott, petitioner, was present to answer any questions. There was no opposition to the rezoning. Jerry Mills motioned that the property be kept L. C., the present zoning, but permission be granted to use for an antique shop until vacated by applicant, with the stipulation that no items for sale would be placed on the outside of the building. The motion was seconded by E. R. Coalson and the vote was five to two. For the motion, Marston Tuck, E. R. Coalson, C. 0. Canada, Earle Cochran and Jerry Mills. Opposed, Homer Kuhl and Forster Puffe.