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11-05-1979 Regular MeetingNovember 5, 1979 The regular meeting of Mayor and Council was held pursuant to the Charter, on November 5, 1979 at the City Hall Council Chambers. The meeting was called to order by presiding officer Mayor Frank B. Johnson at 7:30 o'clock p.m. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little, Fire Chief Don Atkinson, Public Works Director J. E. David, Parks and Recreation Director Asa Howard, Civil Defense Director Jim Farley, Building Inspector Len Williams and representatives of the press. Invocation was given by Councilman Bill Darby, followed by the pledge to the flag. Mayor Johnson stated the building renovation was almost complete and it was wonder- ful to be conducting business in the Council chambers again. He thanked the entire Council, especially the building committee, for their work and cooperation. Jim Smith, the contractor, was recognized. Jim Tolleson asked the Parks and Recreation Commission and Don Lillie, who had resigned from the commission, to come forward. Mr. Lillie was given a plaque and Bob Arnold presented him with a crystal jonquil, made by Mr. Lillie's son. Mayor Johnson thanked Mr. Lillie for his work and dedication to our Parks and Recreation Department. Mrs. Joyce Reagin of the Concord Woman's Club, thanked Mayor and Council and especially Police Chief R. E. Little, for their help in trying to stop shoplifting. The Campbell High School Chapter of Distributive Education Clubs of America (DECA), in conjunction with the Concord Woman's Club and the Georgia Retail Merchants Association is launching a city-wide volunteer program known as "Shoplifting Preven- tion." Mrs. Reagin introduced Andrea Shiflet, representing DECA who explained the program. Hearing - Devin R. Kehler, 531 Woodsong Way, #302, Docket #37360. Mr. Kehler was not present. Elbert Coalson made a motion the decision of Recorder's Court be upheld. Jerry Mills seconded the motion and the vote carried by a 7-0 vote. Hearing - Cheeka R. Nelson, P.O. Box 284, Smyrna, appealed the decision of Recorder's Court, Docket #37515. Ms. Nelson and Police Officer Fawbush were given the oath by Attorney Charles Camp. Officer Fawbush stated he gave Ms. Nelson a ticket for speeding on Spring Road on September 9, 1979. He clocked her going 60 in a 40 mile per hour zone. Ms. Nelson stated she was not speeding. There was a Buick Skyhawk the same color as her Olds Starfire that was speeding and had passed her. She thought this was the car the officer saw speeding, not her. Officer Fawbush dis- agreed, stating there was no other red car that he saw. The second part of Ms. Nelson's appeal, the fact that police officers discussed her case with her co- workers, was also discussed at length, after which Elbert Coalson made a motion the decision of Recorder's Court be upheld, but the $25.00 fine paid by Ms. Nelson be refunded. Jack Shinall seconded the motion which carried by a 6-1 vote. Jim Tolleson voted against the motion. Chief Little apologized to Ms. Nelson and stated the officers involved in the discussion of her case had been reprimanded. Variance request - David S. Wallace and Jay A. Wallace, owners of the pawn shop and property located at 630 Cherokee Road, requested a backyard variance in order to build twenty (20) feet from the property line, instead of the thirty (30) foot distance called for in our zoning ordinance. Mr. Wallace did not have a letter signed by the adjoining property owners stating they did not object to a building being erected within 20 feet of their property line. After further discussion John Steely made a motion this request be tabled until Mr. Wallace could secure a letter of approval from the adjoining property owner. Elbert Coalson seconded the motion which carried by a 7-0 vote. Variance request - Don Cole, prospective buyer of property located at the north- east corner of King Springs Road and Concord Road, requested a variance in order to put in a driveway forty (40) feet from the intersection. Our ordinance states the driveway must be eighty (80) feet from an intersection. Lois Wood of First Town Realty Company and Ms. Garner the selling agent, represented Mr. Cole. Ms. Wood said the sale of the property depended on getting this variance since Mr. Cole had said it would be too expensive to put the driveway in 80 feet from the intersection. City Engineer Jim David said the safety factor involved was the main reason for the 80 foot distance. After further discussion Jim Hawkins made a motion the variance request be denied. Jerry Mills seconded the motion which carried by a 7-0 vote. (Continuation of November 5, 1979 Meeting) Commercial building permits - No commercial building permits presented. Building Inspector Len Williams presented the final plans for Phase II, Cedar Cliff Sub- division for approval. They had been approved by the City Engineer, Consulting Engineer and the Planning and Zoning Board. Jim Hawkins made a motion the plans be approved. Jack Shinall seconded the motion which carried by a 7-0 vote. Elbert Coalson made a motion the minutes of October 1, 1979 be approved as sub- mitted. Jack Shinall seconded the motion which carried by a 7-0 vote. Jim Hawkins made a motion the minutes of October 4, 1979 be approved as submitted. Jerry Mills seconded the motion which carried by a 7-0 vote. Jerry Mills made a motion the minutes of October 15, 1979 be approved as sub- mitted. Elbert Coalson seconded the motion which carried by a 7-0 vote. Jim Tolleson made a motion the minutes of October 19, 1979 be approved as sub- mitted. Bill Darby seconded the motion which carried by a 7-0 vote. Committee reports - John Steely reported we were badly in need of a tune-up machine for the garage. He made a motion bids be requested for a tune-up machine. Jim Hawkins seconded the motion which carried by a 7-0 vote. Jack Shinall made a motion to appropriate $15,100 from the E & C Fund to be spent on the water main system on Pasadena Boulevard. Jerry Mills seconded the motion which carried by a 7-0 vote. r` Jim Hawkins said a meeting had been called for 6:00 p.m. on Thursday to review the subdivision ordinance. Bill Darby asked Gunter Newsom for a report on the water bills. He stated Tom Hill was working day and night to get the payments posted up to date. Jim Tolleson asked when we could expect to get the budgets. Mr. Newsom stated the plans now are they will be ready to present to council the second meeting in December. Mayor Johnson reminded everyone of Election Day on November 6th, the CMA meeting in Kennesaw on the 13th and the next regular council meeting on November 19th. This next meeting will probably be televised. Meeting adjourned at 8:25 p.m. November 19. 1979 The regular scheduled meeting of Mayor and Council was held at the City Hall, Smyrna, Georgia on November 19, 1979. Presiding officer Mayor Frank Johnson called the meeting to order at 7:30 o'clock p.m. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little, Fire Chief Don Atkinson, Parks and Recreation Director Asa Howard, Building Inspector Len Williams, Public Works Director Jim David, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Councilman Bill Darby, followed by the pledge to the flag. Mayor Johnson read the results of the November 6, 1979 City Election (originals attached and made a part of these minutes). Elbert Coalson made a motion the election results be certified as read. Bill Darby seconded the motion which carried by a 7-0 vote. Mayor Johnson read the results of the Special Election held November 6, 1979 (original certification attached and made a part of these minutes). Elbert Coalson made a motion the results of the Special Election, be certified as read, listing the questions receiving a majority of the votes cast as: