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12-15-1975 Regular Meeting360 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. 361 A zoning hearing was held on the R. Lafelle Ruff property located at the intersection of Concord Road and Hurt Road. The request was to rezone from R-20 to: Parcel A - 0. I., Parcel C - 0. I., and Parcel B - N. S., for a Planned Shopping Development. Attorney Hylton Dupree represented Mr. Ruff statg.d; the requested zoning would be the highest and best use of the property. Around two hundred citizens appeared before council in opposition to the rezoning. Mr. Pete Wood and Dr. Robert Mainor acted as spokemen for the group. After a lengthly discussion by persons representing Mr. Ruff and the opposition, Earle Cochran motioned the petition be denied for the following reasons: (1) By having a concentration of automobiles in a relatively small area between two thoroughfares(Hurt Road and Concord Road) that presently carry a high volume of traffic for their present width and construction any further major con- struction would have a detrimental impact on the health of the residents of the area; (2) The property which is the subject of the zoning change is not contiguous to any other property zoned for commercial use under the zoning classification of the City of Smyrna; (3) If the request for change of zoning is approved, the approving body would in effect be sanctioning strip zoning in an area surrounded by single family dwellings; (4) There is no commercial property which is contiguous; (5) Plans showing the proposed use of subject property indicated a road will be con- structed between Hurt Road and Concord Road a few hundred feet from existing inter- section. This would create safety hazards even with appropriate traffic signals. The residents that presently live on Hurt Road have considerable difficulty getting out of their drives at the present time; (6) There are high quality homes currently being erected on property adjacent to subject property giving support to the position of area residents that subject property is suitable for residential development; (7) The residential character of the neighborhood is well established and adjacent property owners have found it economically feasible to develop it for residential use, which included the property southwest belonging to Dr. Mainor. Marston Tuck seconded the motion which carried five to two. For the motion, Jerry Mills, Earle Cochran, Marston Tuck, Homer Kuhl and Forster Puffe. Voting against the motion, C. 0. Canada and E. R. Coalson. Commercial building permits were submitted by building inspector Leon Hood and -upon his recommendations the following action is recorded: (1) American Legion Building, Pine Street: To renovate both upper and lower levels. The permit was approved on motion by Marston Tuck at no cost, subject to approval by the Fire Prevention Bureau. E. R. Coalson seconded the motion which carried by unanimous vote. (2) Linda C. Sharpe, 2110 Gober Terrace, requested a five foot side yard variance. A letter was submitted signed by the neighbor next door stating he had no opposition. The request was approved on motion by Jerry Mills, seconded by C. 0. Canada. Vote on the motion was unanimous. Jerry Mills reported that Fire Station #3 would be 80% complete by January 3rd. C. 0. Canada motioned that dedication of the station be held on the above date. Earle Cochran seconded the motion and the vote was unanimous. On motion by E. R. Coalson, seconded by Jerry Mills, Kathy Brooks, 2197 Old Spring Road, was appointed to fill the vacancy on the Parks and Recreation Commission in Ward #6. Vote on the motion was unanimous. Marston Tuck moved that bids to pave the 3.67 miles inside the City limits be requested for opening at 5:30 o'clock P. M.,, on Friday, December 19th. Jerry Mills seconded the motion which carried by unanimous vote. J. E. David reported the county would furnish and install the pipe on Jonquil Drive. Mayor Porterfield stated he would contact Mr. Barrett in regard to the county participation on grading and grubbing and would report back at the Friday meeting. It was reported that the new estimate for the sewer facility from Hargrove Road east to the county line in the amount of $25,000 had been given to Mr. Howard Ellis and he had agreed to negotiate. Homer Kuhl motioned that the City purchase a 250 line printer at a cost of $15,000.00, and card punch at a cost of $8,050.00; this cost less trade in of the L5000 valued at $10,596.00 and 85 line printer valued at $8,500.00; making the total cost of the new line printer and card punch $3,954.00. Jerry Mills seconded the motion. The vote was six to one, Forster Puffe opposed. Homer Kuhl reported there were still a few corrections to be made oit�the tax bills; however, the digest showed real property at $828,235.00, personal at $111,396.00 and utilities $96,000.00. Mr. Kuhl moved that since the bills were so late going out that the penalty period be extended to January 25th. Earle Cochran seconded the motion and the vote was unanimous. 362 Approval of minutes of November 3rd, 8th and 17th was deferred. On motion by C. 0. Canada, seconded by Jerry Mills, a change order in the amount of $1,462.50 for the grading contractor at King Springs Park was approved by unanimous vote. Marston Tuck moved that we ask our legislative delegation to change election day for the City to the first Tuesday in November (this to be included in the House Bill). The motion was seconded by Forster Puffe and carried six to One. Homer Kuhl opposed. On motion by Earle Cochran, seconded by Marston Tuck, J. E. David was requested to contact the county commissioners in regard to installation of an overhead blinking caution light east of Havilon and west of Concord Lane, also west of the intersection of Havilon and Concord Road. Vote on the motion was unanimous. It was agreed by Council members and the City Attorney that the wall erected by W. S. Brown was on his property and correction of water drainage on the property of B. G. Redding would require civil action. Earle Cochran stated that due to complaints he had received regarding Chief Robert L. Drake and from the investigation conducted by Mayor and Council the past several weeks, and since the Chief had been given an opportunity to retire and had not done so, it was necessary that he motion that R. L. Drake be terminated as Chief of Police. Jerry Mills seconded the motion. The motion carried four to three. Voting for the motion, Earle Cochran, Jerry Mills, Forster Puffe and Marston Tuck. Voting against the motion, C. 0. Canada, E. R. Coalson and Homer Kuhl. Mayor Porterfield stated he would veto the motion on the morning of December 16th. Forster Puffe motioned that Bob Birchfield be named zoning administrator. Homer Kuhl seconded the motion which carried by unanimous vote. Forster Puffe motioned that 14 to 16 pound turkeys be purchased from Food Giant as a Christmas gift to all full time city employees. C. 0. Canada seconded the motion which carried by unanimous vote. Forster Puffe motioned that Thursday, Friday and Saturday be given as Christmas Holidays for City personnel, with the exception of fire and police and skeleton crews in public works, but to include clerical workers in the police department. The motion was seconded by Marston Tuck and the vote was unanimous. Marston Tuck motioned that any clerical help in the police department not given the Friday after Thanksgiving be given a day off before Christmas. Earle Cochran seconded the motion. The vote was four to three. For the motion, Marston Tuck, Earle Cochran, Forster Puffe and Jerry Mills. Voting against the motion, Homer Kuhl, C..O. Canada and E. R. Coalson. ' Marston Tuck requested Don Atkinson and electrical inspector Luke Boring to check on Christmas lights strung down banisters in some of the apartment complexes. Marston Tuck read a Resolution regarding the second annual Law Enforcement Blood Drive and motioned that Mayor and Council adopt the Resolution and encourage law enforcement personnel to participate on a regular basis. Forster Puffe seconded the motion and the vote was unanimous. The meeting adjourned at 10:22 P. M. December 19. 1975 A special meeting of Mayor and Council was called for 5:30 P. M., Friday, December 19,1975 for the purpose of opening bids for resurfacing 3.670 miles of streets. The meeting was called to order by presiding officer Mayor John C. Porterfield. All councilmen were present except Homer Kuhl. Mr. Kuhl was thirty minutes late. Also present were Willouise Spivey, Acting City Clerk, Bob Birchfield, Administrative Assistant, J. E. David, Supt. of Public Works and representatives of the press. Bids were received, read and are recorded as follows: - ''%.