July 2/16/30, 1979 Council Meeting
scheduled meeting of Mayor and Council was held pursuant to the Charter
2. 1979 at the Court Room of the Police Station. The meeting was called
by presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All Council
were present except Bill Darby who was expected to arrive late. Also present
Attorney Charles Camp. City Clerk Willouise Spivey. Finance Director Gunter
ire Chief Don Atkinson. Police Chief R. E. Little, Parks and Recreation
Director Asa Howard, Assistant Pubiie Works Director Vie Broyles, Building Inspector
Len Williams, Civil Defense Director Jim Farley and representatives of the press.
Invocation was given by Councilman Elbert Coalson, followed by the pledge to the flag.
There were no citizens reports.
was asked to give a report concerning the City's computer system which
y fire and declared a total loss. Mayor Johnson stated that after hearing
report tonight he would ask the Finance Committee to review the findings
make their recommendation back to the Council for final action. Gunter explained
that he, Tom Hill and Willouise Spivey had been investigating four computers for
replacement. The existing computer is a Burroughs 700 and is a total writeoff as far
as the insurance company is concerned, and as far as Burroughs is concerned. The
machines they have looked at for replacement are: 1) Burroughs 800 2) Burroughs 1800
3) IBM System 34 4) Univac Be7-800. All of these, with the exception of the 1800.
are very similar, the 1800 being a much larger machine with greater growth potential.
One problem with it, is the 1800 would take a lot of time and money as far as con-
version time and delivery time. Under those conditions. they felt it would put that
particular machine out of the running compared to the other three. The Burroughs
800. stem 34 and Univac all have 128,000 characters of memory in the central
p unit. All three vendors came in with different line printers. Both the
Burroughs and the IBM machine will accommodate, for all practical purposes. all
programming languages, while the Univac will only accommodate at this time. RPG2 plus
a language that is solely utilized by Univac called Escort. In assessing the amount
of time and money involved in converting from the existing system which is not
o one of these three. we have judged that the conversion to the
uld be minor. while the IBM and Univac. both major. On a B800, we
B700. which is what we have now. It has the ability to run on a batch
de. The other two will only operate on multi-processing mode. The
also acts as multi-processing. It is a more versatile machine and will
make the conversion easier, in that we don't have to go out immediately and buy a lot
of software programs. We can run as we are running on a B800 and have Tom. as our
programmer, develop some of the programs and in some cases be more deliberate about
purchasing software that is needed. The cost is figured on a lump sum cost basis.
Each machine can be leased, bought on various time purchase agreements. and various
ot inations. We are using the lump sum cost for you to make a better comparison.
Th is $67.500. the IBM System 34 is $70.230 plus approximately $131 per month
rental on operating programs. the Univac will be $66.325. Their recommendation is to
purchase. on a 5-year purchase/payment plan, the Burroughs 800. One of the over-
whelming reasons for this is it is a cheaper monthly cost. and under the Burroughs
lease/purchase agreement at the end of each budget year. should we decide not to
continue with it, or if we do not budget the money for it, we can turn it back to
them without any penalty. Gunter explained that with the B800. assuming we made a
$6,9 payment, the monthly cost would be $1.158.98 per month on a lease/purchase
plan the end of 5 years it would be ourS. IBM. on the other hand, would have
a lease cost on a monthly basis of $2,047, plus having to lease some of their systems.
The Univac comes on a I-year rental basis at $1,942 per month plus maintenance, as
well as plus maintenance on the Burroughs system. Tom Hill explained that it was
really hard to compare one computer with another. There are a lot of hidden costs
involved and what we are doing. or trying to do. is find a machine that will enable
us to cut nversion cost. If we ordered the 1800 machine. for example, it
before delivery could be made. Burroughs would charge us $50 per
til our machine is delivered. In the long run. the B800 machine
will be cheaper. Tom stated that in his personal opinion, the best machine is
the IBM, but what we are concerned with right now is what is best for the
what: is the cheapest way for us. between now and the time the machine can
red. It could possibly cost the City $25,000 just to convert to the IBM.
ed that Burroughs could deliver major components within 3 to 4 weeks.
says they can deliver in 3 to 4 weeks. IBM. if we pay a premium and buy
roker, can deliver in 3 to 4 weeks. probably. If we wait until mid-
could get the system for $70.000. The IBM machine would be delivered on
ty lease. meaning the machine would be delivered and assembled piecemeal.
d up with two disc drives and a printer with no processor and still be
looking .at $70,000 and a November delivery date. Gunter stated that we hoped the
back part of the building at City Hall would be ready for occupancy within a week
(Continuation of July 2, 1979 Meeting)
days after we let the so storage would be no Bill Darby
that we had hired Tom . and if he recommencl$ we use the
he was in favor of it. Mayor Johnson suggested the
meet again with Gunter and Tom just as quickly as and
have a called meeting.to approve whatever recommendations might come from this
group. Bill Darby called a Finance meeting for Thursday at 5:00 and a called
meeting will be scheduled as soon as>possible for full eouncil to approve the
Jim Hawkins made a motion to table the reeommendation for purchase of a
computer, seconded by .Jerry Mills. Vote on the motion carried 7-0.
to ten
stated
B800
Commercial building permits were presented by Len Williams, and upon his recommen-
dation the following action is recorded:
(1) Dr. R. L. Lindwall. 2345 Spring Road requested a building permit. which was
tabled at the last meeting. Elbert eoalson made a motion this item brought off
table. Jack Shinall seconded the motion which carried 6-1. Jim Tolleson voted
ag",inst, ,Len, s,t;'1ted that the contrGJ.c:to.r involved has ,purc;:has,ed a, 1icense
and everything is in order with the Fire Department and Inspection Department.
Elbert.. eoalson made a motion the building permit be approved. Jerry Mills seconded
the motion. Vote on the motion carried 6-1. Jim Tolleson voted against.
Shinall made a motion the minutes from June 4th be approved as submitted.
To1leson sec.onded the motion which carried 6-0, with one abstention. Elbert
Coalson abstained due to the fact he was on vacation and not presenta.t the meeting.
Jerry made a motion the minutes from June 26th be approved as submitted.
John Steely seconded the motion which carried 7-0.
John Steely stated that by next week we should be ready to send
the reconstruction of City Ha11.
Johnson called for a 10 minute recess.
called for a meeting of Council after adjournment with Leroy Brownlee.
festivities be he1d at King Springs Park and Mayor Johnson reminded
be Ju1ylOth there will be a eMA meeting in Acworth. This
at Acworth Beach for the families. Next Counci1 meeting
business, meeting adjourned at 8:09 p.m.
************************
meeting of Mayor and Council was held in the Court Room of the
on Ju1y 16, 1979. The meeting was called to order by presiding
Johnson at 7:30 o'clock p.m. All Counci1 members were
was eity Attorney Charles eamp, eity Clerk Willouise Spivey,
Newsom, Police ehief R. E. Little, Fire Chief Don Atkinson, Director
Recreation Asa Howard. of Public Works Jim David, Director of
Defense Jim Farley and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
Mrs. Crane of 3689 Wisteria Lane stated a neighbor
street directly across from her driveway, making it
of her driveway. She sai,d she had hit the truck once and
also. She asked that the curb be painted yellow,
we were bound as to what we could do and
before any was taken. John Steely
the neighbor and to move the truck, and
painted. Jim Hawkins seconded the motion. Attorney
to paint an isolated section of curb would be
Hawkins both said they thought the police could act
as to create a nuisance or obstruction. After further
asked Mrs. to give him the opportunity to
rules the mot 'ton out of order. '
his
for her
other cars
parking.
he
had al-
a motion
that
Jerry
vehiele
man
(Continuation of July 16, 1979 Meeting)
Zoning: Southern Bell Telephone Company requested property located at 1413 and 1419
Mimosa Circle be rezoned from R-15 to a.I. to be used as a parking lot. Jerry Mills
made a motion to approve the rezoning from R-15 to Limited Commercial, instead of
Office and Institutional. restricting the use as a parking lot with no on-the-street
parking by Southern Bell employees or Southern Bell trucks. Jack Shinall seconded
the motion. Jerry Mills stated he was opposed to the rezoning in the beginning.
until he the problem caused by cars parking on the street. Mayor Johnson asked
Mack on, representing Southern Bell, if the company would agree to the reduc-
tion in the rezoning classification and the restrictions. Mr. Henderson stated
Southern Bell would agree to the Limited Gommercial rezoning, the restrictions, and
would take care of the buffers. Mr. R. C. Cameron of 1426 Mimosa Circle distributed
copies of a petition signed by thirty people opposing the rezoning. Mr. Cameron said
the community was made up of residents of mixed ages, and they did not want to be
infringed upon by any business. He said he was afraid they would build on the property
and he was looking ahead. Mr. Henderson said they had no intention of building on
the property. Jim Hawkins said he was against any commercial zoning in a residential
area. Betty Vess of 1408 Mimosa Circle said two other buildings were available and
could have been purchased by Southern Bell. Harold Monroe advised that he supported
the remarks made by Mr. Cameron. Mayor Johnson called for a vote on the motion which
carried by a 4-2-1 vote. Jerry Mills, John Steely, Elbert Coalson and Jack Shinall
voted for. Bill Darby and Jim Hawkins voted against. Jim Tolleson, an employee of
Southern Bell, abstained. Mayor Johnson advised the Planning and Zoning Board recom-
mended this zoning be approved.
Zoning: Charles L. and Thelma Hayes requested property located at 1148 Concord Road
be rezoned from Future eommercial to Limited eommercial, property to be used as a
beauty/barber shop. Jim Hawkins made a motion the rezoning be approved. John Steely
seconded the motion. There was no opposition to the zoning and the motion carried
by a 7-0 vote. The Planning and Zoning Board recommended this zoning be approved.
Zoning: The Atlanta Real Estate Association. Inc.. requested property located in
LL 591, Hawthorne Street, 15.7895 acres. be rezoned from a.D. to RM-IO. Mr. Roy
Moate. representing the builder. stated they wanted to build approximately 156 units,
including duplexes, triplexes and quads. A majority of the units would be sold to
individuals. Jerry Mills made a motion this property be rezoned from a.D. to RM-IO.
Jim Tolleson seconded the motion which carried by a 7-0 vote. The Planning and Zoning
Board recommended this zoning be approved.
Bids for 600 3/4" x 5/S" water meters were opened. read and are
Each
Jl;!eptune Company
Rockwell Int.
Badger Heter
-5/S" x 3/4" Trident 8 standard meter, less connections
-5/8" x 3/4" Rockwell Sealed Reg. Meters, less conn.
-Recordall Model 25, 3/4" x 3/4" x7}z", bronze w/cast
iron bottom, less connections
-5/S" x 3/4" Hersey Hodel 430, straight reading US
sealed register. plastic chambers, east iron
bottom complete with couplings
--PMX 75 5/S x 3/4 precision meter less connections
-Kent Model C-700 5/S x 3/4 polymer case positive
displacement meters
$25.35
29.50
31. 40
Davis Meter
29.40
25.50
Southern Meter
Kent Meter Sales
23.80
Jack Shinall made a motion the bids be turned over to the Water Committee with
authority to act. John Steely seconded the motion which carried by a 7-0 vote.
eommercial building permits were presented by Councilman Jim Hawkins, acting for
Inspector Len Williams who was on vacation. and the following action is recorded:
(1) A building permit was requested to remodel the old Citgo station located at
3006 Atlanta Street. Plans had been approved by the Fire Marshal and the Building
Inspector. Jim Hawkins made a motion the permit be granted. John Steely seconded
the motion whi"ch carried by a 7-0 vote.
Variance: John Hicks requested a variance of the sign ordinance allowing him to fly
pennants at his car washes at 750 Cherokee Road and 3307 South eobb Drive for another
30 days. Jack Shinall made a motion the variance be approved. John Steely seconded
the motion which carried by a 7-0 vote.
Variance: Garolyn F. Anderson, Janie W. Hicks, Elaine E. VanDelden requested a side
yard variance in order to place a building within 10 feet of the common property
line. on property located at S99 Concord Road. Jim Hawkins made a motion the variance
be granted. Jerry Hills seconded the motion which carried by a 7-0 vote.
The request by the Green Acres Baptist ehurch property located at the
corner of Pat Mell Road and Gober Avenue in LL 372 for annexation into the City of
Smyrna was read as follows:
ExtJensm.on ;19 ~9 ..;.: It is the ;Un tenltianu.o:f the governing body, and it is hereby
ordained that the provision of this ordinance shall become and be made a part of
the i'CodE of' Ordinances, eity of Smyrna, Georgia.
"We t:he undersigned, who constitute sixty percent (60%) of the electors
resident in the area descr.ibed below and who constitute sixty percent (60%) of
the owners of the land area by acreage of the area described below, which i.s
unineorporated and contigilc,us to the City of Smyrna, hereby apply to have said
area annexed into the City of Smyrna under the provisions of the Code of Georgia
Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409,
410, 411, 412, 413; 1971, 399; 1976, Pages lOll, 1012; said property to be
annexed being described as follows. to wit:
All that tract or parcel of land lying and being in Land Lot 372, 17th District.
2nd Section, Cobb County. Georgia, and being more particularly described as
follows:
BEGINNING at a point formed by the intersection of the north side of Pat Mell
Road with the west side of Gober Avenue; thence north two hundred (200) feet
along the west side of Gober Avenue to a point; thence west one hundred ninety
four tenths (190.4) feet to a point; thence southerly two hundred (200)
feet to a point on the north side of Pat Mell Road; thence east one hundred
ninety-seven (197) feet, more or less, along the north side of Pat Mell Road
back to the point of BEGINNING as per plat in Plat Book 9, Page 159, Cobb
County Records. Cobb County, Georgia.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE
SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Wituess the signature of the record title holders of the fee simple title, or
his legal representative, of 60% of the land area above described by acreage:
s/JAMES T. BENEFIELD. Chairman of Trustees, Green Acres Baptist Church"
Elberteoalson made a mot~on the above described property be annexed into the eity
of Smyrna and be made a part of Ward 6. Jack Shinall seconded the motion which
carried hY a 7-0 vote.
The request by John E. Querry and James H. Querry that property located
corner of eindy Lane and Lake Drive be annexed into the City of Smyrna
as follows:
1979 - It is the intention of the governing body, and it is hereby ordained
the provision of this ordinance shall become and be made a part of the Code
of Ordinances. City of Smyrna, Georgia.
undersigned. who constitute sixty percent (60%) of the electors
in the area described below and who constitute sixty Percent (60%)
of the owners of the land by acreage of the area described below, which
and to the City of Smyrna, hereby apply to have
area annexed into the City of Smyrna under the provisions of the eode
Annotated. Sections 69-904 through 69-912 (Georgia Laws, Aets 1966,
, 410, 411, 412, 413; 1971, 399; 1976, Pages lOll, 1012; said property
annexed being described as follows. to wit:
tract: or parcel of land lying and being in Land Lot 412 of the 17th
2nd Section, Cobb eounty. Georgia, and being more particularly
described as follows:
BEGINNING at the intersection of Lake Drive and Cindy Lane and thence running
along the northerly side of Cindy Lane for a distance of 200 feet to a point;
thence running northerly for a distance of 126.5 feet to a point; thence
running easterly for a distance of 200 feet to a point; thence southerl,y along
the right-of-way of Lake Drive for a distance of 80 feet to the point of
BEGINNING.
, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS. AND THEREBY
SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature of the record title holders of the fee simple title,
or his legal representative, of 60% of the land area above described by
acreage: s/JOHN E. QUERRY JAMES H. QUERRY"
John
Smyrna and
carried by
made a motion the
become a part of Ward 7.
a 7-0 vote.
property be annexed into the eity of
The motion was seconded by Elbert eoalson and
(eontinuation of July 16. 1979 Meeting)
Bill Darby made a motion the meeting be recessed for five minutes.
seconded the motion which carried by a 7-0 vote.
Jack Shinall
Mayor Johnson called the meeting back to order at 9-:40.
The
of
ew and approval of the acquisition of a computer system was the next item
s. Bill Darby read the proposals as follows:
The Burroughs Corporation has proposed a B800 computer with 128,000 bytes of
central proc sing memory, disk storage of 42.2 megabytes of memory. a 350 line
per minute e printer and three computer terminals for a purchase cost of
$67.500. The Burroughs price does include a cost of all B800 operating system
programs, as well as any trade ins or discounts applicable.
The Sperry Univac Corporation has proposed a BC/7-800 computer system with
a central processing unit memory of 128,000 bytes. disk memory of 40 mega-
bytes, a 250 line per minute printer and three computer terminals. This
includes all Bc/7 interactive operating system programs for a purchase priee
of $~6.325.
The IBM Corporation has submitted a proposal on an IBM System 34 computer with
128,000 bytes of central processing memory. 64 megabytes of disk memory, 300
line per minute printer and three computer terminals. This price is $70,230
plus $131 per month for operating system software.
Bill Darby made a motion these proposals be turned over to the Finance Committee
for study and recommendations. authorizing the Mayor to act. Jack Shinall seconded
the motion which carried by a 7-0 vote.
Bill Darby made a motion that Council authorize Mayor Frank Johnson to sign the
contract with Southern Bell for the new system. Jerry Mills seconded the motion
which carried by a 6-0 vote. Jim Tolleson abstained.
Bill Darby made a motion that eouncil reconsider the rezoning
vey Nix of property located on South Cobb Drive, and bring the question
eouncil. Jim Hawkins seconded the motion. Jerry Mills stated a part of
ty was in the flood plain. He advised this same rezoning was denied on
May 79, and requested the reasons called out by John Steely on that date be
re-entered into the minutes as follows:
(1) The subject property is in an area off South eobb Drive which faces homes with
ng from $35.000 to $55.000. It is separated on one side from other
rty by a creek which lies within the flood plain as determined by the
gineers and on the other side and to the rear is residential, although
, proPerty containing some ox the best apartment units in our area.
ection adjoins a set of mini-warehouses which actually are located so as
the residents oX the adjoining apartment units and enhance rather than
from the value and location of the apartments.
(2) The application for rezoning is for the stated use of maintaining a wrecker
service. It takes only one visit to a wrecker service yard, to know the type of
activity, which is not incidental but is common, to this type of business: (a)
storage of large diesel and gasoline driven trucks; (b) repair and maintenance of
heavy duty wreckers, with the attendant noise and air pollution; (c) moving and storage
of wrecked vehicles on the premises; (d) use of high-intensity lights on the wreckers
themselves at all hours of day and night; (e) storage and maintenance oX U-haul
trucks on the premises.
(3) Part, if not all, of the applicant's property lies within the flood plain area
of Smyrna Branch as designated by the eorps of Engineers and the National Flood
Insurance Program of the U.S. Department of Housing and Urban Development.
(4) The applicant has not presented sufficient evidence to show that he will be
damaged by denial ox the rezoning by showing a substantial difference in value of
the subj property as zoned as versus the value under any other classification.
(5) It is common knowledge that junkyards, and a wrecker yard has all the aspects
of a small junkyard, are prime breeding areas for misquitoes, rats and other disease
ridden vermin; they also are a source of generalized dumping.
(6) The relationship of this property to the adjacent residential properties would
cause a loss of value to the surrounding property owners, who we have a duty to
protect under our zoning ordinances.
(Continuation of July 16, 1979 Meeting)
(7) The traffic flow on eobb Drive is so heavy now. that the addition of the
proposed use with increased heavy truck emergency type traffic generated by the
proposed zoning will affect the safety of the citizens both adjacent to the property
and who have to travel along South Cobb Drive.
(8) This zoning is not compatible with the surrounding uses and Light Industrial
being the lowest classification on the scale for our city, is not suitable use along
South Cobb Drive at any location nqw within the City as the property on South Cobb
Drive is too valuable at this time under any other zoning classification.
(9) JUn~yards. wrecker yards, or storage yards along South eobb Drive. a main
thorou.ghfare, would create an eyesore and detract from the aesthetic value of
property in the immediate area.
Jerry the City has spent thousands of dollars correcting drainage in flood
He asked who would pay for the readvertising? Attorney eamp ruled that
if the rezoning is to be reconsidered the normal procedure must be gone through again.
Bill Darby amended his motion to read the applicant go through normal procedure and
pay for the readvertising. Jim Hawkins seconded the motion, which carried by a 6-1
vote. Shinall abstained. Vote on the main motion carried by a 4-2-1 vote.
Jim . Bill Darby, Jim Hawkins and Elbert Coalson voted for. Jerry Mills and
John voted against. Jack Shinall abstained.
Jim Hawkins requested approval and adoption of the following policy:
assigned to the Building Inspection Section shall be parked at
when it is being utilized for the performance of eity
shall not be utilized for any other purposes than City business.
Jerry Mills seconded the motion which carried 7-0.
a petition signed by 23 residents on Love
of the minutes, reque.sting approval to close off Love
through traffic. Jim made a motion their request be granted,
explained it could be a problem in closing a
citizens using that street, whether they live on
legal question about that. Jim stated the
traffic and it was impossible for two cars to
put the motion on the floor for a vote as the.re
legality and asked Mr. Hawkins to discuss this further
or not,
was too
Mayor Johnson
to be some
the City
Attorney.
read a letter from the Parks and Recreation
them for their help and cooperation during
at King Springs Park.
the Police
July
stated that all departments in'the eity had receiveda,memorandum from
they submit a list of all vehicles assigned to their
in which they are used. The purpose of this is the
ing to set up a maintenance program for al,l, vehicl,es in the City
be reviewed periodically. according to the amount of use.
explained we have
to be partially
the building within
August 8th or 9th.
for bids for the renovation of City Hall
in the building around August 15th. We
to 90 days after beginning the work, some-
we
be
reminded everyone of the Jonquil Breakfast on July
open bids for the renovation of eity Hall. The next Council
6th.
With no further business, meeting adjourned at 9:0S p.m.
************************
July 30, 1979
of Mayor and was held on July 30, 1979 in the
Georgia. The meeting was called to order
eoalson at 7;30 o'clock p.m. Mayor Frank
members were present except Jim Tolleson.
(eontinuation of July 30, 1979 Meeting)
Also present was City Attorney eharles Camp. City Clerk Willouise Spivey, Finance
Director Gunter Newsom, Building Inspector Len Williams and representatives of the
press.
Invocation was given by eouncilman John Steely. followed by the pledge to the flag.
Bids on the renovation of eity Hall were opened. read and are recorded as follows:
Cost of Project
eontractor's Fee
Maximum cost to owner
$78,561.01.
15,000.00
95,000.00
Work to cormnence within 7 calendar days
Work to be completed within 120 calendar days
Cost of Proj ect
eontractor's Fee
Maximum cost to owner
$75.474.62
15,094.92
90,569.54
Work to commence within 10 calendar days
Work to be completed within 120 calendar days
Complete Home Improvement
eost of Proj ect
Contractor's Fee
Maximum cost to owner
$103,278.00
7,000.00
110,278.90
Work to commence within 15 calendar days
Work to be completed withi.n 90 calendar days
Cost of Project
eontractor's Fee
Maximum cost to owner
$9/+,486.00
19,925.00
114,411.00
Work to commence within 10 calendar days
Work to be completed within 90 calendar days
Noble Enterprises
Cost of Project
Contractor's Fee
Maximum cost to owner
$81,771. 00
28,619.00
110,390.00
Work to commence within 10 calendar days
Work to be completed within 185 calendar days
John Steely made a motion these bids be turned over to committee with authority to
act an& award. .the contract. .Jerry Mills seconded the motion which carried 5-0.
Variance request: Mr. Buel Johns requested a variance for one year to complete a
turn-around or complete West eooper Lake Drive. S.E. through Cooper Lake Hills Sub-
division, from Lot 25, Block A, Phase II to Lot 11. Block A. Phase I, Cooper Lake
Subdivision. Len Williams stated this request had been approved by the Zoning
eommission and eity Engineer. Following discussion, John Steely made a motion the
subdivision plat be accepted and the variance be granted. Jim Hawkins seconded the
motion which carried 5-0.
Jerry Mills asked the City Attorney if eouncil could suspend the rules for new
business. Jerry Mills made a motion the rules be suspended at this time for the
purpose of discussing the rezoning on South eobb Drive at Church Street, requested
by Harvey Nix, which has been turned down at a previous meeting, and then voted to
be brought up again for reconsideration. John Steely seconded the motion. Vote on
the motion carried by a 3-1-1 vote. John Steely. Jim Hawkins and Jerry Mills voted
for. Bill Darby voted against the motion. Jack Shinall abstained. Jerry stated
that at the last meeting Council reconsidered the zoning on South eobb Drive and he
felt there were some misunderstandings which he wanted to explain. In 1976 the eity
rezoned the property in question from R-15 to O.D. Sometime later the eity revised
their zoning ordinance which placed the property in O&I. The rumor was at that time
that mini warehouses could not be built there because this type of construction
was not compatible with O&I zoning. Mr. Nix has already started building the mini
warehouses on the property, so therefore he could continue to develop this property
with mini warehouses, which he requested March 1, 1976. Jerry stated that he felt it
should be brought out that a zoning was not being denied; it can be used for what
he asked for. which is mini warehouses. Jerry read the minutes from March 1. 1976
where this property was rezoned. Jerry made a motion that the rezoning request by
Harvey Nix and reconsideration of his request be denied and any monies he has paid
to the City for" advertising the second time be refunded. John Steely seconded the
(Continuation of July 30. 1979 Meeting)
moti.on Darby stated that the past 3 or 4 months Council had required
another busineSSman in Smyrna 1:::0 appl.y for LI (Light Industry) zoning for mini
warehouses and asked what type zoning was now required for mini warehouses. Chuck
Camp stated the application he was referring to was under the latest zoning laws of
the City. Mr. Nix's application for zoning for mini warehouses was granted prior
to the adoption of the latest zoning ordinance, placing these two in a different
Therefore. he has already built mini warehouses on the property
and it has not been subdivided. so Mr. Nix can continue to build mini warehouses
anywhere the property, that is not within the flood plain. This property has
not been readvertised due to the fact that Mr. Nix did not appear before the last
Planning and Zoning Board meeting. Following a question from Jim Hawkins. Attorney
eamp it would be legal for Council to rescind their previous act.ion whereby
they granted approval for reconsideration for the zoning request. provided the appli-
cant was refunded all monies paid for this second reqiiest. Elbert Coalson stated
he felt it was wrong to take action on this tonight and he felt it would be better
to wait until the next regular meeting. Vote on the motion tied 2-2, with Jack
Shinall abstaining. Jerry Mills and John Steely voted for the motion. Bill Darby
and Jim Hawkins voted against. Elbert Coalson then voted against the motion. break-
ing the tie vote. The motion lost 3-2-1.
Mr. Coalson recognized eobb County Commissioners Wit Carson and Butch Thompson
present in the audience.
Meeting adjourned at 8:00 p.m.