February 21, 1979 Council Meeting
was called to
Johnson int
Ward II;
ert Coal
order by presiding officer Mayor Frank B. Johnson at 7:30
ers as follows: Jim Tolleson. Ward I;
s, Ward III; Jim Hawkins. Ward IV; Jack Shinall,
and John Steely of Ward VII.
given by Councilman Jim Hawkins. followed by the pledge to the flag.
is being held the purpose of the presentation
He called on Finance Director Gunter Newsom
stated the application for annexation covered
Lake Road and Ridge Road. fronting on South
validated. having received 60 percent of the land
t of the eligible voters. This property is presently
stitutional. If annexed it will be annexed under
residential property, there is restrictive covenants
Attached to the application was a copy of the legal
of the electors. and report of plans for extension
and John
the evidence be heard tonight but extend the hear-
time Mayor and Council will vote on the annexa-
the motion. Jim Tolleson stated he just got
be delayed. Mayor Johnson said we would continue
the meeting of March 19th. The motion carried by
Is, Jim Hawkins, Jack Shinall. Elbert Coalson
lleson voted against.
Mayor Johnson said
to be heard and he
for them. He named
Dr. Louis Belinfante
provide every opportunity for those directly affected
group represented would have a representative to speak
affected as Don Hall. R. L. Potts. Richard Bridges,
and Meurice LeFevre.
thand I represent Mr. LeFevre. I can't say I repre-
talked with some other people in Legend Heights and
a point of inquiry first. if I understood the motion.
be continued until the 19th of March without prejudice
may have at that time.
t sir.
Mayor Johnson:
That
and Mayor, my purpose in being here is to
of Mr. LeFevre. I come before you to implore you
of Mr. LeFevre who is directly affected. and
se would not be in the City but would be in
e way. There are a number of reasons for
y a few of them to start off with. In the last
tit ion quite detailed we believe. and we believe
ral defects in the petition. I would like to get
al. (showed map) Unfortunately those in the
ut I think most of them know it, and you folks
s not the 1/8 aggregate boundary because we contend
Cobb Drive as the red line indicates and come
the line. in effect annexing the City only.
of that would be to gain the 1/8 aggregate out-
ely no other reason since the city limits already
de of South Cobb Drive. And we believe that is
take that out you do not have the 1/8 contiguous
second point. now while not any different
is this. That this procedure was set up for
o come into the City if they desire. It was not
t happened. it was not set up for the City to be the
ition and we submit that every bit of evidence that
that the instigat,ion of this petition was not by any
The proper procedure under the law for the
the Code where it ically provides for
d not to use the Ci ood offices to have an
the City's elected off take the application.
contrary to the annexi which you are going
application of the ele and we believe the
(Continuation of February 21, 1979 Meeting)
impetus
is going
fically in
best
come from those
it you have to
re.gards to Mr.
of .. all the
submit to you
to be in the
land owners. We
indications on
of having the
know there had been
and that this
county of
especially
of
may want to say
be not in
We
to get this property
person, but we
We think we have
that it is not
that Mr. LeFevre
is an affected
you take. Mr.
do that. It is
to consider these
consider the element
residences
something in his
come down from the City. If the City
procedures. Third. and spec i-
determination that this is in the
all those who are to be
no set of facts which shown which
specifically Meurice or any
all the evidence which gathered
i.8 that this quite likely
on the south end rezoned new car
made, but we submit is the
Many of the the
They fought it They met
them about it and
but no. it was not
and we submit that
this
believe you feel.
property has been
interest of the entire area to
having an annexation
not proper. I can only
discussion about it, and
there are procedural
interest of the citizens
strongly about it as do
of course are procedures reviewing
not want to do that and I am sure you
time consuming. So what we do is to
have talked about. both procedurally. but
is not in the best interest of the people
and turn down thi.s annexation. Mr. LeFevre
way
Cobb
have this
instituted
LeFevre
you to
it. and
And
Mayor Johnson:
Mr. LeFevre?
Bob speaks from a legal view and I speak more
in the community. thoughts of why
it turned out to I would just like
here .1'1r. was not here.
as best I can tell moved
listed as a registered voter. The house is still
see it every day and every and I have
that house. It is rumored that his whole
into South Cobb Drive. as commercial
But at any rate, it would be
Olin. one of the land who signed
He bought the house ago and
for sale. Dr. Belinfante, who also is
The doctor is a good mine and
to move out of but
that might stand to this thing.
yes votes. with the Potts,
situations that involve gain or
live there and do not care. live there,
I cannot see that this is
It appears the victory we won in the
months of protection. immediately
all to fight over again. We got to turn
the next day for a rezoning. and we
rezoning for this land in no way cannot hurt
you know you can back a up
will probably be worth You have
you back it up against in that
himself. if he was alive. would want to live
No one else would. I would like to
only for myself but for approximately 400
True they may not be voters and may not
but they still this
of them in and they
don't think be ignored
don't see a few non-
the will of several hundred tax paying
that in mind when you make your
(Cont~nuat~on of
21. 1979 Meet~ng)
Mayor Johnson:
Mr. Cochran. what group do you represent?
I represent the tax payers of the C~ty of Smyrna.
Me as myself.
few who
hnson: I am going
test~mony from
might wish
to ask you to hold back a vew minutes and after we hear
are directly affected then we will call on a selected
statements.
Mr. C
I will
All right
the floor.
I do feel that I am affected by this as a tax payer.
Mayor Johnson:
Do we
others who are directly affected and wish to speak?
Mayor Johnson:
Will you state your name?
Mark Turner:
the Don Hall
portion but
not adjacent
my wife Eleanor Turner owns the property between
y of Smyrna property on South Cobb. It is a small
it to remain in the county. Don Hall's property does
City property.
Mayor Johnson:
Do you hold deed and clear title to that?
Mark Turner:
Yes sir, I do.
Mayor Johnson:
(directed to Gunter Newsom)
Do we have a record of that?
Gunter Newsom:
We knew tbat it existed.
Mayor Johnson:
Do you have some papers in your hand you would like to leave with us?
leave them. I would be glad to have either
later submit them as evidence. but I wouldn't
Mark Turner:
Mr. LeFevre's
want just to leave
Mayor Johnson: They must be your deed.
Mark Turner: That's correct.
Mayor Johnson: Do we have others directly affected who might wish to make a state-
Does your group have a spokesman other than Mr. Smith who represents Mr.
e?
Moskovoy. I reside at 4206 Lake Laurel Drive.
ross the street from the property you are fixing
s? I guess I'm interested because I am in-
y of the area to be annexed. Several citizens
tonight called me and we have had several meetings
they selected me to be. to be more or less of a
ut to be a spokesman. you people have got to know a
we just went through. Now you know this has not been
has said some of the things I am going to repeat,
So if you don't mind. This particular issue began
e rezoning and all of us. I have two sheets of paper
the City, Marietta. all of these people here repre-
around this thing. This is nothing new. So all
started off with rezoning. What part of rezoning issue
this?
Mayor Johnson:
Mr. Moskovoy we are not discussing rezoning per se here tonight.
Nick Moskovoy:
I realize this. It
lay a background of
n t
ry. a background of how all these things really started.
but just a minute to go back to rezoning. Just to
to say. I talk to you about this. Some of you
application was for an eight acre tract, border-
the map, 200 feet north of Cooper Lake running for
rive to a point in this direction. This is
that we was talking about was made by the American
the Wade Ford Motor Company. And this is all I'm
this.
Mayor Johnson:
Will you please speak into the microphone.
(Continuation of February 21. 1979 Meeting)
Mr. Moskovoy: Yes sir. I outlined the area of eight acres which was the background
of the rezoning application with Cobb County. When we got in touch with them. with
the Cobb County Commissioners. they were nice enough to give us a private council
with them and at which time we presented our case and at the same time on January
23rd at a regular scheduled meeting, I check my schedule to see if it was January
23rd. that the Cobb County Planner. after studying this particular area, and making
a economic and environmental study of this area recommended to Cobb County Commission-
ers that this Wade Ford is not the proper. or rezoning this to GC. General Commercial,
is not the rezoning in this area. which is surrounded. totally surrounded by resi-
dential areas. Now we gonna talk about annexation. I will not go back into some
of the details about annexation because some of this thing was covered by people
previous to me. I have to get my glasses so I can read my notes to see what it is.
When you get my age you know we have to have our hearing aid or something. Okay.
This gentlemen. the area that we're talking about, in this annexation area. its
surrounded by several areas. Along the Ridge Road. this is generally known as Legend
Park. It's also along Cooper Lake Drive and Cooper Lake Road. This area was built
in early 50's. Legend Heights in early 60's. Lake Laurel Drive Estates which joins
this area right here. this is the area which you are fixing to annex. or thinking
about it. this application for it is directly joining Lake Laurel Estates. This
is our lake. laying on the other side of it and Ridge Cliffs Subdivision. There is
approximately 400 to 500 homes directly involved in this area. In general, just an
example of the type of homes we have in this area. I'd like to pass this to you if
you can see it (passes chart with pictures of homes). This is example of type of
homes we have in Legend Park, anywhere from $100.000 to $200.000. In Laurel Estates
we don't have that price of homes but they are pretty well in upper price. Then
of course the newer subdivision of Laurel Cliffs. You can see the homes in this
totally surrounded area. Some of you might not have been in this particular area
but would like to invite you and show you around. anyone of you individually or
collectively. Like I said. there are about 400 to 500 homes if you count them.
if you want to count them, but I have actually counted 400 of them. If the average
value of those homes are $80.000. that's a tax digest of Cobb County of $32,500,000.
That's thirty-two and a half million dollars worth of property directly involved in
this area within. gentlemen. not a mile. not two. but within a half-mile distance
from this area that you. that the proposal is before you. When we built these homes
I bought a home. I built a home for myself and I moved into it in 1963. I selected
the area because this area was best. I had been a resident of Smyrna since 1951. in-
volved with Pop Warner Football. Little League and everything that you can count.
Boy Scouts and everything else. But. at that time South Cobb was a two lane road.
We built on it. we established this home and I and all the rest of these people over
here that I represent made this their home. They are business people. profeSSional
type people. retired people. widows. and whatnot. This is the type of people
represented and is living in this particular vicinity. Now. the area that we talking
about. Why we fight the first rezoning and now we fighting and hoping and appealing
to you not to annex us. is because we afraid gentlemen. that this is going to go
commercial. If it does go commercial I have read this newspaper clippings and I think
Mr. Newsom quoted that there be 500 feet to the nearest house. And this is to
scale. it is 75 feet. and actually borders right in the back yard of some of these
people, believe me. personally involved right here. It is in his back yard. All-
right. that was on Tuesday. January 23rd that Cobb County Commissioners unanimously
accepted a plan of recommendation to leave this area like it is. Residential except
the eight acre tract which is 0 & I. Some of this is 0 & I and some is still R-20.
This was done on January 23rd. At your meeting on Monday. February 5th. council
meeting here. a't the regular councilmans meeting. after you went through all the
agenda and just about the end of the meeting somebody, as I understand from the
audience. gave you an application for annexation. Your action on that particular
case. if I can refresh your memory, was to see to it that it was validated according
to the law and if it meets the specified deadline as to which. when you can have a
public hearing which is required by law. This is why we are having this meeting. It
is required by law under this concept. The law says that public hearing shall be
held no less than 15 or 30 days. So that is why it is fifteen days. from February
5th. Immediate action took place. The proper notice has been posted in newspapers
for the annexation, but gentlemen that was just thirteen days from the time that one,
the county had upheld it and you people try to rezone it. or as some application took
place. I don't know about your procedure Mayor, can you accept an item on the agenda
at your regular meeting without. be a protocol but that's not a question. you don't
have to answer that. It just. in my mind immediately says. I have been in business a
long time and we never undertake something unless it is on the agenda, particularly
at an official meeting but apparently you people did. All right. if you did that
and we have found out about it the next day in the newspaper. Then man I tell you
it just don't sit right with us. As I say. I've been a resident of Smyrna since
1951, been involved with everything and why, such a hurry. ~lliy even such a hurry to
(Continuation of February 2l, 1979 Meeting)
ings Shopping Center area. Speaking towards the annexation, I think
all turn around and look at the maps behind you. the property that you're
of is not even represented on these maps. I don't believe. Looks like they
stop at King Springs.
Mayor Johnson: The property that we are speaking of in 1972 was declared to be
general commercial in the future land use map.
Dave Robinson: Is it included in your annexation plan for the City of Smyrna. for
future annexation?
Mayor Johnson:
Is what included?
Dave Robinson: Is the property that you're considering for re..., for annexation
included in the annexation plan that the City conducted.
Mayor Johnson:
No, only in the planning area map.
Dave Robinson: But it is not included in your annexation plan that you all had that
you all paid for to be conducted a few years ago?
Mayor Johnson: No.
Dave Robinson:
Okay.
Thank you sir.
lemen, that will conclude this portion of our hearing
this hearing will be on March 19th. for the purpose
1 information that might be brought before this body.
we will conclude this po^rtion of the hearing.
Ladies
the contin
of gathering any ad
So. at this time, 8:35.
February 2l, 1979 Meeting)
is. I dO'n't know. I say you. Because the application was
au all took immediate actian on it. But why in such a hurry
this hearing at 21. which is exactly 15 days frO'm the time.
or 45. But anyway and so we begin to' mistrust you gentlemen. I have
a resident of here and I love Smyrna. my kids grew up in Smyrna
here in Smyrna and I just don't see, I begin to
you people in city, different Mayors and some of
But I gentlemen, I am real sorry. I can't help it. I
happened. A funny thing. A cauple days later,
g. I said well. you know when you read it. and I'm
read a legal ad in the paper as to the area you are
a land lot map and apparently you have to have it
ou know you can't do it if you just look at that
describe so many feet this way and so many feet
Hall. this was on Thursday. February 8th, I asked
y show me. because the ad said all the material
r review and I did. I want to' see it. She show
I asked her to see. is it plotted someplace. so
all did not have that, which the ad said you will
e time that you put in advertising. I never
called Mr. Gunter in. Mr. Gunter Newsam. he came in
and I asked specifically asked and yau can verify Mr. Newsom. I said where is the plot
that is supposed to be displayed at City Hall as to' what you are trying to' annex
over here. He said well we gat one but it is out someplace. Well I don't know what
out means. I never see it. Some of these people went over there to see it. They
never saw it. I sa' wrong gentlemen, what kind of deal samebody's
1 on y somebady. not you. I hope not. Now if it does go thraugh
ill it us. Why are we fighting this? SO'mebO'dy just said
said if it goes commercial. hopefully it never dO'es.
it wi value of the homes. I can't help it. You cannot
e , and I hate to reline with Ford because every time
see the County Planners and County Engineers I said
so I could plot this thing and he says. Oh, you're
deal. aren't you? You knaw. they don't want,
It's Wade Ford. Everybody knows. The whale
it's Wade Fard. and we can't erase that out af
o. Now Wade Fard or several representatives of the
g for another site and what have you. and gentle-
somebody you lose that perspective. Then. I, you
the effect on safety? South Cobb is unsafe.
out there to' let peaple in and out of the hospital.
the health., I guess I gat so invalved with this
aur minds I dan't
owner af Wade Ford
men yau knaw when you mistrust
know I j don't have
Yau all to' have a
All the traffic on it.
thing
Mayor Jahnson: Mr.
annexation. Traffic
are not talking about zoning, we are talking about
anything to' do with annexation.
Mr. Maskavoy: I am talking abaut the effect it has on the people of this area.
Mayar Johnson: The annexatian?
in
people cried over here when they met. They all gat
talking about, my health and safety is involved.
in the hospital. Friday and Saturday. because they
emotianally involved. If that is not health. then
Furthermore. about morale and general welfare. Okay.
area. We are replacing a dam on that lake that I
thing is going to be built over here it is going to
will build on it. they will have to have some kind of
or sO'mething to' hold that dirt in without filling
taok the measurement on the lake. and man with just
a is going to' get sued. The developer ar whoever it
Now. g. Gentlemen. I have stated our oppostion to why
like. We re in a residential area. we want to keep it that
we have our Ii homes. I am going to retire. I'm going to retire
about a year and I want. I hope I stay there the rest of my life.
there. But I like to quO'te Mr. Mayor and gentlemen. something that
s said. A similar situation happened in the development, and I just
is up, from Brunswick. The Mayor, Hosendorf of Brunswick, in deciding
Brunswick area, St. Simons, Jekyll Island and the Brunswick area shO'uld be
intO'. And he said. Growth for the sake of growth accomplishes nothing.
Mr. MoskovO'y:
I did.
tho sir I
I had a s
know what is sir.
romnental da
d out three
fill our
a sediment
(Continuation of February 2l, 1979 Meeting)
a public.
know if some
the public
size of the
the quality of
the quality of life we
way. Not only did
area but we have two
are building some 64
Then there is another
as ours is concerned. We
the people notified?
to it, go to work.
all said, but
There was no
laundry had been
t believe you gentlemen
happen to you or to
two weeks ago
and .we're here tonight.
meetitlg. it
the East-West
were there. I thought I
meeting on East-West Connector.
Industrial
Gentlemen.
are accustomed
I address some
the
action took
it going.
I wasn't
6th
you had to
the type
Mr.
School.
just
public
You was
heard you
Mayor
Quite a few months
Yes.
you get up and make
And say. to the effect.
the people said that
is going to go
is fourlaned. The
, because the
I call it four lane
But is
and
that you live
it because
Gentlemen.
did
on the
you.
is
practical
public.
people here.
right hand
the same
happen to
Secondly.
right
is it right for
development
and residence of all these people
in your pocket. you look at it, compare
and owners and then compare
affected. Gentlemen I beg of
proposal. Thank you.
Mayor Johnson: Are there any
in a way that would
your and this will be the
people who feel that they would be affected
to speak? All right. I will ask you to limit
one we hear.
professor at Southern
I got here late and
room. The crowd
outside this room
my neighbors. I am
of State Senator
Marietta was doing
the problem of rezoning.
would not. have
the two are tied
remarks as to wh$t
through my neighborhood
Tech and live two
like to point
now goes out into
there are
in local
and the
but. if this property
at this
But con-
has done.
and I say. who's
Mayor
Is there anyone
would like to speak for the annexation?
said that
from you.
the last one but if you have something different
at ]_300
Counci.l,
Drive in
are dealing
(Continuation of February 2l. 1979 Meeting)
hing here that is very important. I think there are two things that we
r. One, you must have progress and it must be progress with pride.
s that government is by the people and for the people. and obviously
ity of the people here feel that the government should act in its behalf.
action in its behalf is obviously that annexation and possible rezoning
is not what the people want in this particular instance. Thank you very much.
distinguished My name is Earle
as a cone A citizen of this
e have a great city here in Smyrna. The
uperior to those of any other city in the state.
over the past years and we all can foresee a
The taxes will either have to be increased or other
the problem on the homeowners and the citizens of
xes increased. This city is strangled on the north
led on the east by Marietta. The City of Atlanta
its prey to come across the county line and take
want Smyrna the way it is. I've heard an awful lot
that is not the purpose of this hearing. This
promise you that is all I'm speaking on - annexation.
is a strong. positive. progressive move on the part of
for it. We need strong, progressive annexation. The
the south. We can't go north. we can't go west. we can't
tax base generated by this annexation will bring in
square foot, than any other annexation that we
y urge you, proceed forward with this annexation.
t affect or be to the betterment of the citizens
I am a citizen of Smyrna. I am affected by this
solid. (outcry from the audience) I would like the
speaking. We have given everyone else the courtesy.
? - from the audience) I live on Manson Avenue. I
Avenue. I have friends on both sides, for and
can do is speak what I honestly feel. and having
of the City. I know the needs of the tax payer.
proceed forward with this annexation and other
le to tbis council. Thank you gentlemen.
the
found. t
We don't
by the City of Marietta and str
is poised like a tiger waiting
us in. We don't want that. We
said tonight concernin
hearing is for an
no zoning. This annexation
the City. and I app
only areas open to
go east, we must go
more revenue in tax
could possibly foresee.
Mr. Smith has said that
of Smyrna. I disagree
annexation.
Mayor Johnson:
Is there others who would like to speak for the annexation?
rs:
5
all
cerned with the homes. the
in his front door I wonder
to shoot me. My name is Laverne Beavers and I
, right in the Legend Park area. I would like to
that he does not live in our area. He is not con-
zoning and the annexation. That would go. if it went
if he would feel the same way. Then I would also like
hat many people on this 60 percent constitutes
it. I just cannot understand how this can
've been there almost 15 years and this is my home and
I cannot stay there with some used car lot or something
wi.ll. be what will happen if it stays. if it goes
Mayor Johnson:
Mr. Argo. I let Mrs. Beavers say a word so we will entertain you.
Mr.
of
I have a question.
a. . .
How can five houses add so much revenue to the City
others to speak for the annexation?
your question.
No, it is not
Mayor Johnson: Do we
necessary for him to
gentlemen and I have a vested interest in the City of
nding up here talking with you about it. We heard
while ago it kinda' reminded me of World War II when
e having their problems and had to make a decision.
ivates for the rest of our country. So. gentlemen,
and Mr. LeFevre might be the private that we might
the audience) The City of Smyran needs an increase
is commercial property. There's no question about
of it. South Cobb Drive is going to be commercial
in the world to believe that this property will develop.
the City of Smyrna. We need relief now from our
g else in this city besides homes. The homeowner
tax burden. So I respectfully ask you to consider this
icks:
so I
so many words about fi
General Patton and Bra
They had to sacrifice
I say tonight you are
need to sacrifice.
s tax base. This
ial on
II the reason
it will increase the t
taxes, we have to have
just cannot pay the entire
(Continuation of February 21. 1979 Meeting)
with
that it be approved.
the audience
out that John Hicks was not a resident
No. he is not.
and ge;nt1emen
you had the
have a business here but
spoke. there was
don't feel like the
of the annexation
to it. We will consider
jeering at each
have a hearing here
and heckling.
would speak for the
resident.
and
are placing
your
everything
certainly
is what
do that
ion?
Someone
audience:
The environmental engineering study that the county used...
Mayor
speaking
annexation?
No sir. I am speaking against
Mayor
I am
have
will
come
asked if
you all a
opposition.
at a
microphone and state
else to speak for it? All right then.
will entertain two more people who might
all we are going to have and then we
Sir. we will entertain you now. Please
and your address.
name is Larry
environmental
originally
go
up at the
for
study.
.to asphalt that
, apparently he had
I got to say.
I live on 4l5l Charleston Place in the Legend
Cobb County Engineering depa):'tment apparently
I am going to ask Mr. Hicks that, if this
and we know he is for, for the Wade Ford
and was very strongly in favor of
on that corner. how is he going to go
. the Cobb County Engineer said
the water runoff and everything else,
proof there that it wasn't a good idea.
any annexation or attempt by anybody
certainly everything will be considered.
one other. Are you speaking for the
Dr.
door
and I live at 1570 Shamrock Trail next
and certainly involved with the
rezoning that is required. Mr. Newsom came
with the, I assumed. purpose getting
would like for the members City
in his introduction, told that the
was to level off the property of the City
limits as sort of a amoeba.
earthly way this could any.
of the conversation was not annexation, it
constructed and how the City of Smyrna
a commercial property located next door to
ever this shopping is up here.
to our attention would like
look at the buffer zones of the front yards
the shopping center. the ggrpage containers,
are afraid of possible rezoning after'
to
me
primary pu):'pose
of Smy):'ng. He
Well. looking
square off any
was Wade Ford, what buffer
was very strict in their buffer
a residential area. The Kings
King Springs. We visited after
for all of you, when you go by
of the homes as they overlook
and why we oppose
This is your answer.
Mayor Johnson:
We will entertain
Linda Wells.
ago
City
to
would just
forgotten
maney, in the
court this long
Mayor and Council if it
situation. I am
does come in, do we have
1~at is the only thing I'd
been so long
if the
the money
like to ask.
you.
We
this gentleman and this will conclude
Dave
and a
Mayor I am
of the
I moved out of the City
and I live at 1231 King View Drive.
for the City of Smyrna, Mr. Coalson's
year and one-half ago. directly behind