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12-02-1974 Regular Meeting286 (Continuation of November 18th Minutes) 4. 5. 6. 7. common height applies to rear and side sections of fencing, and once the commo"Ill height of 6' is measured, all fencing must meet this common height line. Fences must be installed within 60 days from erection of any permanent facilities. (The intial units with patios "etc", must be fenced by January 1, 1975). No structures, lamps, bird feeders, etc., may extend above the 6' height of the fence. No slope changes in the surronding ground area. Within the fenced area, residents may only erect patios, decks, barbecue grills, and other similiar facilities. The meeting adjourned at 9:20 P.M. ********************* W-0101 71,'MN�C. -PORTAERFIELD//)MAY01k Marston Tuck, Councilman WARD #1 E ochran, Coucllman WARD #7 ,- arada, C ncilman WARD ��5 December 2, 1974 / ' c L. W. CHARLES, CITY CLERK Puffe, Counci4mWARD#2 C_-j6� /<:: Homer Kuhl, Cou ilman WARD #4 Elbert Coalson, Councilman WARD #6 The regularly scheduled meeting of Mayor and Council was held pursuant -to the Charter at City Hall, Smyrna, Georgia, December 2, 1974 and called to order at 7:30 o'clock P. M. by presiding officer John Porterfield. All Councilmen were present. Also present were L. W. Charles, City Clerk,_Willouise-Spivey,.Assistant City 'Clerk; Bob Burchfield, Administrative Assistant, Nora Proctor, Clerk, Lee Silver,'Parks and Recreation Director, Vic Broyles, Asst. Supt. Public Works, Leon Hood, BuildinglIn- spector, Joe Briggs, Consultant Engineer and representatives of the press. James E. David was on vacation. Invocation was given by Councilman Homer Kuhl, followed by the Pledge of Alleginace to the Flag. Colonel E. D. Underwood and Capt. Jimmy Walsh, of the Georgia Army National Guard, presented an areial photo of Smyrna, taken by the 159th Company of Dobbins Air Force Base, to Mayor and Council. Mayor Porterfield thanked Colonel Underwood and Capt. Walsh for the photo stating it would certainly be used. Mr. Robert Haller of Avondale Estates appeared before Mayor and Council in regard to an appeal from Recorder's Court decision and payment of fine of $25.00. Mr. Haller stated he had been permitted a second hearing with witness. Mr. Haller was originally charged with "failure to stop at a stop sign"; at the second hearing Judge Reeves charged him with "failure to stop at an inter§ection". Mr. Haller contended his letter to Mayor John Porterfield dated October-11;T'should be considered as an appeal to appear before Mayor and Council, however, he also admitted he had been informmed of the proper procedure to make an appeal. Since Mr. Haller stated in the letter he did not wish to continue an appeal but left the case in the hands of Mayor and Council 287 (Continuation of December 2nd Minutes) for whatever consideration they could give him, it was not interpreted by Mayor Porterfield nor the City Attorney as a request for an appeal. Marston Tuck motioned the letter of October 11 be considered as an appeal. Forster Puffe seconded the motion which lost on a three to four vote. Voting for the motion Forster Puffe, Marston Tuck and Jerry Mills. Voting against the motion, Homer Kuhl, E. R. Coalson, C. 0. Canada, and Earle Cochran. Mr. Bill Darby of Smyrna Jaycees requested a permit for "Empty Stocking Fund Drive", at the intersection of Hargrove, north side, and Spring Road, to be held December 7, 1974. On motion by Forster Puffe, seconded by E. R. Coalson, the permit was granted with the stipulation the drive would be manned by adults only. Vote on the motion was unanimous. On motion by Marston Tuck seconded by Jerry Mills, the new Civil Defense Ordinance was adopted as submitted at the meeting. Vote on the motion was unanimous. On motion by C. 0. Canada, seconded by Homer Kuhl, the low bid of $65,746.05!�submitted by Akin and Clerk Grading Company, submitted at the November 23, 1974 meeting of Mayor and Council, was accepted for Phase 1, Part 1, of the King Spring Park Development: also, the low bid of Ronoco Irrigation for Phase 1, Part 2, of King Spring Park in the amount of $13,985.00. Vote on the motion was unanimous. Zoning: A zoning hearing was held on property located in Land Lot 454 of the Smyrna Heights Subdivision, South Cobb Drive and Magbee Drive, from F. C. to G. C. Mr. Gene Holster represented Mr. John Witt, petitioner. The purpose of the rezoning was for a wholesale fence compnay and T. V. shop. Marston Tuck moved the hearing be continued to the December 16th meeting when Mr. Witt could be.present. The motion died for lack of a second. The Planning and Zoning Board recommended the approval of the rezoning. On motion by Earle Cochran, seconded by C. 0. Canada, the property was rezoned as requested with the stipulations that the driveway and parking area for the required number of cars be paved within six months and that ingress and egress "be from South Cobb Drive and not Magbee. Vote on the motion was unanimous. A zoning hearing was held on property located in Land Lot 447, Cherokee Road and Ward Street, next east of the Tenneco Station, from RM-12 to N-S, for development of a liquor store and office complex. Mr. W. D. Hearn, representing himself and Mr. Robert F. Sasser, petitioners, appeared before Mayor and Council to answer any questions. The Planning and Zoning Board recommended approval of the rezoning. Jerry Mills motioned the rezon- ing petition be denied. Homer Kuhl seconded the motion which passed on four to three vote. Voting for the motion, Homer Kuhl, Jerry Mills, Earle Cochran and Marston Tuck. Voting against the motion, C. 0. Canada, E. R. Coalson and Forster Puffe. Bids were opened and read on mobile radio maintenance contract for the Police Department -`,.- and are recorded as follows: Pro Service Sales and Communications Service $124.00 per month Motorola Communications $226.50 per month Miller Communications $243.00 per month Diversified Electronics $182.35 per month Marietta Communications Service, Inc. $200.00 per month Mayor Porterfield referred all bids to the police committee for checkout of specifications and report back at the next meeting. Earle'Cochran, Chairman of the Police committee, called a meeting of the Police Committee at 5:00 P.M., December 3, 1974. Leon Hood, Building Inspector, submitted a commerdial building permit request and upon his recommendation the following action in recorded: (1) J. E. Barnard, 955 Concord Road, requested front yard variance of 14' 4", and permission to brick veneer the one story frame dwelling. The variances were approved,, on motion by Jerry Mills withethe stipulation that,the.house on -the inside.be brought up to state fire marshall's requirement if it is to be used for a day care center. C. 0. Canada seconded the motion which carried by a six to one vote. Hamer Kuhl opposed. Streets Committee Chairman Forster Puffe reported that sidewalks on Concord Road have not been started, load limit sign for Campbell Road has been ordered and no parking and speed limit signs have been put up on Campbell Road. City Attorney Berl T. Tate was requested to check with George H. Kreeger in regard to setting up a meeting with the Department of Transportation as soon as possible. Councilman Homer Kuhl called a meeting for 5:00 P.M. Wednesday, December 4, 1974,,,for Council to meet with Mr. McMurrian in regard to opening a restaurant and dance facilities at 715 Concord Road. 288 (Continuation of December 2nd Minutes) Councilman Forster Puffe motioned that City employees be given two weeks vacation after one full year of service with the Citq, rather than one, to become effective January 1, 1975.. C. 0. Canada seconded the motion which carried by unanimous vote. 1 ( r--- Councilman Forster Puffe motioned that employees of the City be allowed to accumulate, up to thirty days sick leave, any unused sick leave after the thirty days be paid to the employee, and any unused sick leave for 1974 be carried over to 1975, the change to be effective January 1, 1975. C. 0. Canada seconded the motion which carried by unanimou vote. City Attorney Berl T. Tate stated he had received copies of annexations for the City to be prepared for the 1975 House Bill but would like to discuss the "Model City Charter" as prepared by G.M.A. with Mayor Porterfield, as well as, the civil service program for employees not presently under Civil Service. Mayor.Porterfield stated he would call a meeting on theL"Model Citp..Charter" with the City Attorney and Finance Committee; however, would like to wait -until the ARC recommendations are made on the meeting regard the civil service program. Amended Rules and Regulations for the Smyrna Fire Department were deferred to the next meeting. Ad Valorem tax collections through December 2, 1974 were reported as $364,560.00. Financial reports were also deferred to the next meeting. A meeting was called for 9:30 A.M. Saturday, December 7, 1974, to discuss and make decisions regarding the Fair Labor Standards Act. Mayor John Porterfield reported the City had finished another good year financially; however, asked all Councilmen to watch budgets carefully for the remainder of this fiscal year. Approvaloof November Minutes was deferred to the next meeting. Mayor John Porterfield requested City Clerk L. W. Charles to have copies made of a letter received from Mr. Ernest Barrett concerning 201 Facilities Plan and place a copy in each Councilman's box in order that the letter could be discussed at the Saturday Morning meeting and placed on the Agenda for the next meeting. W Lee Silver stated he hoped the Mayor and all Councilman could.attend the opening night, December 5, of the play presented by the Smyrna Community Theatre. Mayor Porterfield stated the Police Department would hold their annual C4ristmas dinner on December 22, 1974, at Aunt Fanny's Cabin, at 5:30 P.M., and all Councilmen were invited to attend. A meeting of the Police Committee was called for 5:00 P.M., December 3, 1974. A meeting of the Streets Committee was called immediately following Council Meeting. On motion by Homer Kuhl, seconded by Earle Cochran, all "Stop Signs" were approved as they now stand. Vote on the motion was unanimous. i FOn motion by Forster Puffe, seconded by Jerry Mills, the "Turn on Red, After Full Stop", sign was approved at the intersection of Cherokee and Ward Street. Vote on the motion `was unanimous. Councilman Marston Tuck remarked on the many calls he receives on the nuisance of dogs not being kept on a leash, nor controlled, in his Ward. It was reported that it would be necessary to go through CMA to change the county and city ordinances; however, it was hoped that within the next two weeks information would be available to submit to the City Attorney and Judge Reeves who are working on the problem: On Motion by Jerry Mills, seconded by Homer Kuhl, approval was granted the Police Department to pick up the business license of the Mens' Liquidation Store, on South Cobb Drive, for failure to pay $352.00 in delinquent water and sanitation fees. Vote on the motion was unanimous. The meeting adjourned at 9:54 P.M.