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September 4/17, 1979 Council Meeting September 4. 1979 The regular meeting of Mayor and Council was held pursuant to the Charter on September 4, 1979 in the Court Room of the Smynla Police Station. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Frank Johnson. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey. Finance Director Gunter Newsom. Police Chief Everett Little. Assistant Fire Chief Hubert Cochran, Water Supervisor Larry Dunn, Building Inspector Len Williams, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Councilman Jim Hawkins followed by the pledge to the flag. Mr. Arthur Bacon. representing the governing board of Ridgeview Institute presented a check for $7,500 to the City, to be used toward the refurbishment of the Senior Citizens Center. Mayor Johnson recognized the Board members from Ridgeview who were present. Mr. and Mrs. Bacon. Mr. Leroy Brock and Mr. Ben Underwood. Administrator. and thanked them on behalf of the City. He stated the money would be used for furnish- ings for the Center when it was completed. Councilman Jim Tolleson presented a plaque to Mrs. Marion Wilhelm. Mrs. Wilhelm has resigned her position on the Parks and Recreation Commission. after serving since its inception in 1972. Other members of the Commission were present and presented her with a crystal jonquil. Mayor Johnson presented Mrs. Wilhelm the Distinguished Service Award and thanked her for the services she has provided the City. Mayor Johnson recognized Mr. Bob Fink. President of the Board at Ridgeview who was late arriving. There were no citizens reports. (1) Ridgeview Institute, South Cobb Drive requested a building them to finish eight rooms in their office building. Plans have been by the Fire Department and the Inspection Department recommended they be approved. Jim Hawkins made a motion the permit be approved, seconded by Jack Shinall. Vote on the motion carried by a 7-0 vote. (2) Ridgeview Institute requested a building permit to finish four rooms in their office building. Plans have been approved by the Fire Department and the Inspection Department recommended they be approved. Elbert Coalson made a motion the permit be approved. Jerry Mills seconded the motion which carried by a 7-0 vote. Jack Shinall made a motion the minutes of August 6. 1979 be approved as submitted. John Steely seconded the motion which carried by a 7-0 vote. Bill Da~by made a motion the minutes of August 20, 1979 be approved as submitted. Jim Tolleson seconded the motion which carried by a 7-0 vote. Elbert Coalson made a motion the minutes of August 27, 1979 be approved as submitted. Jim Hawkins seconded the motion which carried by a 7-0 vote. Jim Tolleson made a motion that in accordance with the order of the Court, that the minutes of the meeting of June 11. 1979 annexation hearing be amended to delete from the description of the property annexed, all parcels lying east of U.S. 41 (Cobb Parkway) and the property owned or occupied by Capital Cadillac and Mark Singleton Buick be removed, and the minutes be approved as amended. Jerry Mills seconded the motion which carried by a 7-0 vote. Committee Reports (Parks) Jim Tolleson read a request from Asa Howard, Director of Parks and Recreation for the adoption of an ordinance as follows: "Within park properties, the City of Smyrna Park Rangers shall have the powers concurrent with the powers of the Smyrna Police Department for v f any ordinance of the City of Smyrna, and. in addition. shall have the powers to eject any citizen or park participant from the park property for violation of any rule or regulation of the Smyrna Parks and Recreation Department." Jim Tolleson made a motion this ordinance be approved, seconded by Jim Hawkins. Jim Tolleson explained that this ordinance would give the power of arrest to the Rangers, in the parks only. Asa Howard stated that the adoption of this ordinance would mean a reduction in training cost to the City. Also, he wants to be sure our Rangers are covered legally when they may be required to make an arrest on park property. Jim Tolleson amended his original motion to state that this ordinance be made a part of Section l6~2 of the Code of Ordinances. Following a question from John Steely. Chief Little explained that the Rangers would be required to have their certification (Continuation of September 4, 1979 Meeting) if the to it. vote. given this power of arrest. The passage of this ordinance would lay for Federal assistance for mandate training. and he had no objections Darby secondedtheamendment'to the original mOtiOn which carried a 7-0 VOte on the main motion carried 7-0. Jim Tolleson read a request from Asa Howard requesting approvaJ_ to stretch a banner across Atlanta Road at the intersection of Church Road and Jonquil Plaza. ~bis banner would be used to advertise the Smyrna Fall Festival, Saturday, September 22, 1979 from 10:00 to 5':00 p.m. The banner is 8' in length and made of canvas. Ttwould be September 14th and would remain until the completion of the Fall Festival. Jim made a motion this request be granted, seconded by Jim Hawkins. Vote on carried by a 7-0 vote. Gunter Newsom stated the new computer would be shipped from Ohio on Friday, Septerriber 7th. Barring any complications we hope to have it installed the middle of next week and will be operational within 24 hours. (Streets) to Bank any Jerry Mills made a motion that Bank Street be closed from Atlanta Road on September 22nd. for the Fall Festival. The auto parts business on be closed that day, and having the street closed should not create Jim Hawkins seconded the motion which carried by a 7-0 vote. Jerry Mills read a letter from Vic Broyles requesting additional funds to finish street The letter read as follows: "The paving program financed by the State has added additional work to the Street Department for which we additional funds to correct. The overlay added to our street surface has caused problems of our residents. therefore we must raise the asphalt on these drive- the water runoff from the streets. There were forty three streets My estimation of the amount of money to correct the driVeways would be $4.000. This figure also includes some bad drainage onto mainly Burbank Drive in Ward 6." Jerry made a motion that $4,000 be from the General Fund to the Street Department to correct these water problems. John Steely seconded the motion which carried by a 6-0 vote. Jim Tolleson this Newsom stated that we have run into problems getting water bills is working on the program and has assured him they will be ready will be mailed as quickly as possible. John Steely reported some changes were being made to City Hal.! during the renovation but we were staying right in line with the money paid by the insurance hope to be able to start moving into the back portion of the building the lOth, next week. The front portion of the building wiJ_l not be ready for occupancy until mid-November, or possibly December. Mayor 6th. and the meeting will reminded everyone of the Earlybird Breakfast this Thursday, September next council meeting on September 17th. On September 11th the CMA be hosted by the City of Austell. With no further business, meeting adjourned at 7:55 p.m. ************************ September 17. 1979 The of Mayor and was held in the Court Room of the Police 17. 19 79. officer Mayor Frank Johnson called the at 7:30 p'clock p. All Council members were Also Attorney Charles City Clerk Willouise Spivey. Director Chief R. E. Fire Chief Don Atkinson. and Recrea- Asa Howard, Public Works Director Jim David, Civil Defense Director Building Inspector Len Williams and representatives of the press. Mr. Billy Stephens, retiring from the Parks and Recreation Commission of service was presented a plaque by the Parks and Recreation an expression of their appreciation for his service. The Parks Mr. Stephens traditional crystal jonquil and Mayor Johnson Distinguished Citizens on behalf of the City. Jack Shinall read a letter from William C. NaIl. resigning the Planning and Zoning Board. Mr. Shinall made a motion the (Continuation of September 17, 1979 Meeting) resignation be accepted. seconded by Elbert Coalson. Vote on the motion carried 7-0. Mr. Shinall made a motion that Billy Stephens be appointed to the Planning and Zoning d, to fill the unexpired term of Mr. NaIl. Jerry Mills seconded the motion h carried by a 7-0 vote. Jim Tolleson made a motion that Fran Kington be appointed to the Parks and Recreation Commission, representing Ward 1. John Steely seconded the motion which carried by a 7-0 vote. Jack Shinall made a motion that Pat Cole be appointed to the Parks and Recreation Comm:ission, representing Ward 5. Jim Hawkins seconded the motion which carried by a 7-0 vote. Elbert Coalson made a motion that Kathy Brooks be reappointed to the Parks and Recreation Commission, representing Ward 6. Jack Shinall seconded the motion which carried by a 7-0 vote. Mayor Johnson welcomed Mrs. Kington, Mrs. Brooks and Mrs. Cole to the Commission. There were no citizens reports. Rezon:ing - Sheron Industries, Inc., requested the rezoning of 24+ acres on Spring Road from O.I. to RM-12. The applicant Mr. Sheron was present, and stated their plans are to build 270 luxury apartment units. ~be units will be all brick, with a rental range of $295 to $450 per month. Jim Tolleson stated the Planning and Zoning Board had approved the rezoning, but did bring out the fact that there is already heavy ion on Spring Road. Jim asked Mr. Sheron if he had any plans to help allev e traffic problems. Mr. Sheron stated the property is presently zoned 0.1., which :if developed under this zoning would be putting even more traffic onto Spring Road. They feel that by down-zoning the property to RM-12 it would give a lower density, and they feel, less traffic. Their plans are to build a double parkway entrance on Spring Road, consisting of two lanes for :ingress and two lanes for egress. By putting the entrance on the proposed location, being the western most section of the property, that will push back as far as possible. the distance between Hargrove Road and Spring Road. Mr. Sheron also stated they are considering using Woodruff Drive as a secondary entrance. Jerry Mills asked Mr. Sheron if he would consider paving Woodruff Drive down to the entrance of the apartments. Mr. Sheron replied t financially speaking, it would be a burden to them but they would certainly . g to work with the City to relieve any t.raffic problems. Following a question Tolleson, Mr. Sheron stated this development would not have much schools in the area, as it will primarily be an adult community. There tion to the zoning. Jim Tolleson made a motion the rezoning request be approved with the stipulation that they pursue an entrance/exit on Woodruff Drive. After further discussion, Jim Tolleson amended his motion that it be approved with the tion that the apartments have an entrance and exit onto Woodruff Drive. Jim ns seconded the motion which carried by a 7-0 vote. F. Shaw requested the rezoning of 5.87 acres on South Cobb Drive. This request for rezoning has been previously denied by Council. a motion for the re-hearing, is being brought before Council again Mr. Ben Smith. attorney for the applicant stated that at one time this property was owned by the City and used for a garbage dump. Following that, it was zoned for multi-family under our master plan, and approximately 2~ years ago the pro zoned O.D. There has been very little movement of the property and he d not see how anyone could be damaged by the proposed zoning. Mr. Smith stated it would be confiscatory and a violation of Mr. Shaw's constitutional rights to deny him the development of his property. He felt the present zoning was con- fiscatory, in tllat Mr. Shaw could not move the property at a reasonable profit. John Steely pointed out that in March. 1976, the City zoned the property to O.D. for mini warehouses in order for the land to be sold. Mayor Johnson read an excerpt fr the minutes of the Planning and Zoning Board as follows: "It was 'unanimous he members present that two of the specific uses, namely wrecker service and U-haul rental was proved to be hazardous and unsightly, especially considering the heavy traffic flow now on South Cobb Drive. The third proposed use for mini warehouses would be allowed under the present zoning, and therefore would not require a change. The motion to deny the rezoning was unanimous." large group of citizens present, in opposition to the zoning. Mr. James resident of Stonecreek Road, stated he had lived at this location for there had been some slight deterioration of South Cobb Drive duri.ng the used car lots and service stations and he felt this rezoning would There was a O'Connor, a five years this time, w (Continuation of September 17. 1979 Meeting) would be backwards as far as the environment of South Cobb Drive was Mills made the following motion: "I do not believe the property should be rezoned from O.D. to L.I. for the reasons stated in the original motion made by Mr. Steely in open Council on May 21, 1979 and I hereby make those reasons, as on the minutes of that meeting, a part of this motion. However. in order to the position of the City and the owners as to the ability to construct mini on the property as was originally granted by Mayor and Council on March 1. 1976, I hereby move that the City deny the request to rezone to L.I. and grant a to specifically allow the construction of mini-warehouses on the subject under its present classification, as was originally intended and as has constructed on a portion of the original tract. as this will be in the best interest of both the citizens and the owners, provided all bui.lding codes are met and no portion of the structures are built within the 100 year flood plain." John Steely seconded the motion. During discussion. Bill Darby stated that within the past 6 months we had had an auto storage yard and body shop on South Cobb Drive under C.C. zoning, less than one-half mile from the property in question and he did not see there was any difference. John Steely stated he was the Ci.ty Marshal at that and the auto storage yard had been ordered to remove the vehicles from their premises. There was never a wrecker service at that location. Vote on the motion to deny the rezoning carried by a 4-2 vote. Jack Shinall abstained. Voting for the was J.ohn Steely, Elbert Coalson. Jim Hawkins and Jerry Mills. Voting against Jim Tolleson and Bill Darby. There were no commercial building permits to b~ing before Council. Approval to request bids (1) ,Tim Tolleson made a motion that granted to accept bids for the renovation of the Senior Citizens Center on Street. to be opened at a called meeting on October 4. 1979. John Steely seconded the motion which carried 7-0. stated it would be necessary to install a l2" water meter on Cobb to handle the Post Properties development. Mr. Shinall made a City accept bids for one (1) 12" water meter. to be opened October 4, Tolleson seconded the motion which carried by a 7-0 vote. - Jim Hawkins he was sponsoring a proposed ordinance vehicles from on the streets in any residentially Several other councilmen expressed their desire to take a closer ordinance. as to how it would be enforced. Jim Hawkins made a motion until the next council meeting and asked the Police Committee Chief and work out a way of enforcing this law if it is Tolleson seconded the moti.on to table. Vote on the motion carried zoned .area. look at this to get adopted. 7-0. Ordinance Amendment - Elbert Coalson read a proposed amendment to Section 15-7 of the Code of Ordinances as follows: any to commit any act of public indecency. quarrel obscene, profane language within the City. or to act in a disorderly or behave in a way contrary to public peace to the disturbance any citizen of the City. (Code 1957. Ch. 4. of 6-20-60. 2) Cross reference. Illegal noises. 11-1 et seq. reference - Public disturbance. 26-2605. Ca. Code Ann. or 10; Ord. State law Disorderly conduct shall be deemed to consist of. but not limited to the follow- ing specific acts. or anyone of them, towit; A) No person shall remain or loiter upon any premises to which the public has has access, including but limited to such places as shopping center pa+:king lots, where the person's presence upon such premises is unrelated to the normal activity. use or business for which such premises are made available to the public; B) No person shall act in a violent or tumultous manner toward whereby any other person is placed in fear of safety of his life, or health. or whereby the property of another is placed in danger of being destroyed damaged; C) angry shall endanger the lawful pursuits of another by acts of violence. , or abusive conduct; (Continuation of September 17. 1979 Meeting) D) No person shall cause, provoke. or engage in any fight, brawl. or riotous conduct so as to endanger the life. limb, health or property of another; E) on shall assemble or congregate with another or others for the of causing. provoking or engaging in any fight or brawl; F) No person shall jostle, roughly crowd or push any person in any public place; G) No person shall use "fighting words", or loud and boisterous language directed toward another so as to create a breach of the peace potentially dangerous to the safety or persons or property; H) No person shall congregate with another or others in or on any public way or place so as to halt or impede the flow of vehicular or pedestrian traffic after having been directed to clear such public way or place when ordered by any law enforcement officer." Elbert Coalson made a motion this amendment be adopted, seconded by Jerry Mills. on the motion carried by a 7-0 vote. Vote Annexation - Mr. Sterling Bowen requested the annexation of approximately 41.56 acres located in Land Lots 244, 261 and 316, which was validated at the council meeting on August 27, 1979. There was no opposition to the annexation. John Steely made a motion this property be annexed into the City of SmYnla to become a part of Ward 7. and remain under the present zoning classification of R-80. There is a Protective Covena ement made by Mr. Bowen and Mayor Johnson read a portion of the agree- ment as f "15. FUTURE SANITARY SEWER: Any and all costs of installation of a future sanitary sewer system in Hickory Mill Subdivision will be bOnle by the then lot owners if 51% of said lot owners petition the City of Smyrna for the installation of a sanitary sewer system and the City agrees to such installation. These costs will be in addition to the lot assessment of $750.00 per lot if the system is connected to the Cooper Lake Hills Sub- division sanitary sewer system. 16. FUTURE CURB & GUTTERING: Any and all costs of installation of future curb and guttering of Hickory Mill Subdivision will be borne by the then lot owners, if 51% of said lot owners petition the City of Smyrna for the installation of curb and guttering and the City agrees to such installation." Mayor Johnson stated he thought there had been some question about these two items and he to confirm that Mr. Bowen had agreed to this, along with the annexation. Jack Sh" seconded the motion which carried by a 7-0 vote. (Copy of Protective Covenant Agreement to become a part of these minutes.) 848 and 879. Mr. G. M. Sellers, Vice President of Rhodes. Inc. of property on Cobb Parkway, located in Land Lots The petition was read as follows: undersigned, who constitute sixty percent (60%) of the owners of the acreage of the area described below, which is unincorporated and to the City of SmYnla, hereby apply to have said area annexed into Smyrna under the provisions of the Code of Georgia Annotated. -904 through 69-9l2 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 1971, 399; 1976. Pages 1011, 1012; said property to be annexed being as follows, to wit: con the Se 412. described All that tract or parcel of land lying and being in Land Lot 848 and 879 of the 2nd Section, 17th District of Cobb County, State of Georgia, and more particularly described as follows: TO FIND THE POINT OF BEGINNING, start at the point located on the north line of Land Lot 848 where it intersects the northeastern side of the right of way of U.S. Highway 41; proceed south 38 degrees 38 minutes 30 seconds east along the northeastern right of way of U.S. Highway 41 a distance of 135.1 feet to a point which is the POINT OF BEGINNING: proceed thence north 80 degrees 39 minutes east a distance of 627.6 feet to a point. which said point is 13.9 feet south 8 degrees 25 minutes 30 seconds east from the northern line of Land Lot 879; d point proceed south 8 degrees 25 minutes 30 seconds east a distance feet to an iron pin; proceeding thence south 51 degrees 17 minutes seconds west a distance of 499.4 feet to an iron pin located on the north~astern right of way of U.S. Highway 41; proceeding th~nce north 38 degrees 38 minutes 30 seconds west a distance of 132.5 feet along said northeastern right of way of U.S. Highway 41; proceeding thence north ;:51 degrees 21 minutes 30 seconds east a distancE~ of 20 feet; proceeding thence north. 38 degrees 38 fflinutes 30 seconds west a distance of 200 feet to a point; proceeding thence south 51 degrees 21 minutes 30 seconds west a distance of 20 feet to a point located on the northeastern right of way of U.S. Highway 41; proceeding thence north 38 degrees 38 minutes 30 seconds west a distance of 57.6 feet to the of beginning; this tract comprises 2.835 acres and is shown by plat of made for Rhodes, Inc. by pelta Engineers & Surveyors, Inc., SmYnla, dated September 23. 1978, revised February 5. 1979, said plat being recorded in Plat Book 73, page 3 of the Cobb County. Georgia Records and is incorporated herein by reference. (Continuation of September 17, 1979 Meeting) \~\, WHEREFORE, THE UNDERS IGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE 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/G. M. SELT~ERS, Vice President, Rhodes, Inc." Jim Tolleson made a motion the petition be validated as read, and the date for public hearing be set for October 4, 1979. Bill Darby seconded the motion which carried by a 7-0 vote. Validation of Annexation Petition - Mr. Steven D. Mastrangelo requested annexation of .945 acres located in LL 848 and 879 on Cobb Parkway. The petition was read as follows: undersigned, who constitute sixty percent (60%) of the owners of the land acreage of the area d.es<;:ribed below. which is unincorporated and con- tiguous. to the City of Smyrna. hereby apply to have said area annexed into the City of Smyrna under the provis.ions of the Code of Georgia Annotateq., Sections 69-904 through 69-912 (Georgia LaW$, Acts 1966, Pages 409, 410. 411. 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: or parcel of land lying and being in Land Lots 848 and 879 of Section, 17th District of Cobb County, State of Georgia, and more described as follows: at a point where the northeastern right of way of U.S. Highway 4l the northern line of Land Lot 848; proceeding thence north 89 50 minutes east 162.1 feet to an iron pin. which said is in the land lot corner formed by the southwestern corner Land Lot 878 and the northwestern corner of Land Lot 879, proceeding thence north 88 58 minutes east a distance of 539.6 feet along the lot l.ineof Land Lot 879 to an iron pin; proceeding thence minutes 30 seconds east a distance of 13.9 feet; proceeding degrees 39 minutes west a distance of 627.6 feet to the S. Highway 41; proceeding thence north 38 degrees 38 minutes 30 seconds said northeastern right of way of U.S. Highway 41 a distance of feet tC?the point of beginning. This tract comprises .945 acres and is . icularly shown by plat of survey made for Rhodes. Inc. by Delta & Surveyors, Inc., SmYnla, Georgia. dated. Se.ptember 23,1978, revis.ed February 5, 1979. said plat being recorded in Plat Book 73. page 3 of the Cobb County, Georgia Records and is incorporated herein by reference. WHEREFORE. THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE 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/STEVEN D. MASTRANGELO" Jim made a motion the petition be validated as read and the set for October 4. 1979. Bill Darby seconded the motion by a 7-0 vote. of public carried Mayor stated that in an indus.trial our State stored effort to build our tax digest by attracting need to follow the vein of other urban the Freeport Amendment. This. amendment from taxation and is an incentive for (Continuation of September 17, 1979 Meeting) industrial development in our city. By building our tax base we take pressure from our citizens who pay ad valorem taxes. The amendment was read as follows: "Shall Smyrna exempt from ad valorem taxation, including all such taxes levied for educational purposes and for state purposes, the inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for di.rect use of consumption :Ln the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia. The exemption provided for herein shall apply only to tangible personal peroperty which is substantially modified, altered, or changed in the ordinary course of the taxpayer's manufacturing. processing, or pro- duction operations in this State? "Shall Smyrna exempt from ad valorem taxation including all such taxes levied for educational purpOSeS and for state purposes, the inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is produced or manufactured? "Shall Smyrna exempt from ad valorem taxation, including all such taxes levied for educational purposes and for state purposes, the inventory of finished goods which, on the 1st day of January,-. are stored in a warehouse, dock. or wharf r public or private, and which are destined for shipment to a final ion outside the State of Georgia and inventory of finished goods which pped into the State of Georgia from outside this State stored for trans- shipment to a final destination outside this State. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is stored in this State. All property that is claimed to be exempt under the provisions of this subsection shall be designated as being "in transit" upon the official books and records of the warehouse. dock. or wharf, whether public or private, where such property is being stored. Such official books and records shall contain a full, true and accurate inventory of all such property, including the date of the receipt of the property. the date of the withdrawal of the property, the point of origin of the property, and the point of final desti.nation of the same. if known. The official books and records of any such warehouse, dock, or wharf, whether public or private. per- taining to any such "in transit property" shall be at all times open to the inspection of all taxing authorities of this State and of any political sub- divisions of this State?" Bill Darby made a motion Mayor and Council approve the amendments to be placed on a ballot for November 6th. Jim Hawkins seconded the motion which carried by a 7-0 vote. John Steely made a motion that approval be granted to hold a special election on November 6, 1979 for the Freeport Amendment. Jerry Mills seconded the motion which carried by a 7-0 vote. Jerry Mills made a motion approval be granted to hold a special election on November 6, 1979 for the purpose of allowing our citizens to vote on the increased Homestead Exemption. Approval has been previously granted by this Council to place the amendment on the ballot. This amendment would increase homestead exemption for citizens over 65 from $2,500 to $4.000. Jack Shinall seconded the motion which carried 7-0. Committee Reports - (Building) John Steely reported a portion of the City Hall building had been completed and the move back in had taken place on September 14th. John commended Gunter Newsom, Willouise Spivey. Nora Proctor and Melinda Hiatt Tor coordination of the renovation and decorating. John stated we hope to have the entire building completed in November. (Water) Jack Shinall commended Linda Nix for the fine job she has done in the Water Department. Jim Hawkins stated he has asked Commissioner Wit Carson for his help in securing funds to install sidewalks on King Springs Road. The sidewalk will extend from Concord Road to South Cobb Drive and will cost in excess of $75,000 to construct. Commissioner Carson has assured Mr. Hawkins he will do everything in his power to get these funds approved by the County Commissioners. (Continuation of September l7, 1979 Meeting) Jerry that several tap for her home on Smyrna Powder Jerry maq.e. a motion that her is the cost of installation. 6-1 vote. Jim Hawkins voted ago, Mrs. Jean Ellis had pa~d Road. Mrs. Ellis is a hardship the tap-on be refunded, except for $45 which seconded the motion which carried by a Jerry made a finish one of four flooding problems. required to finish which carried by a motion that $1,600 be allocated to construct headwalls and driveways on Drive, where these homes have experienced The Finance Committee will. look into the appropriation of funds the other three driveways. Jim Tolleson seconded the motion 7-0 vote. (FinanCE;) installeq, Bill Darby stated the new computer would be delivered tomorrow and and he hoped to get a budget finalized shortly. Jim some thanked Commissioner Wit Carson for obtaining the pipe needed to correct problems in the Highlands. Asa Howard reminded everyone of the Smyrna Fall Festival on Saturday, 22nd. September stated that the State had factored our tax digest by a bit of a windfall in taxes, and based on this he millage rate at 12%, which would be a reduction in our Darby motioned that the millage rate for FY1980 be seconded by Jim Hawkins. Vote on the motion carried by a would that millage from 12.25% 7-0 vote. read a statement announcing his candidacy for re-election as Mayor of Smyrna, and stated it had been a privilege and an honor to serve this city the past two years. Mayor Johnson reminded everyone of the Jonquil Breakfast at Smyrna the regular council meeting on October 1st and the on 4th. With no further business, meeting adjourned at 9:35 p.m. (Made part of September 17, 1979 minutes) Harvey Nix Zoning: John Steely made a notion the rezoning be denied for the fOllCJWing reasons: an area off South Cobb Drive which faces hones to $55,000. It is separated on one side from which lies within the flood plain as determined the other side and to the rear is residential, . ing sone of the best apart:ment units in a set of mini-warehouses which actually are ts of the adjoining apartment units and enhance and location of the apart:ments. is for the stated use of maintaining a wrecker to a wrecker service yard, to knCJW the type of 1 but is common, to this type of business; gasoline driven trucks; (b) repair and main- , with the attendant noise and air pollution; 'cles on the premises; (d) Use of high- wreckers themsel-ves at all hours of day and night; (e) of U-Haul trucks on the premises. the applicant' s property lies wi thin the Flood Plain area ed by the Corps of Engineers and the National Flood U. S. Department of Housing and Urban De-veloprrent. has not presented sufficient evidence to shCJW that he will be ial of the rez by shO\illing a substantial difference in value property as as versus the value under any other classification. It is comn:on junkyards, and a wrecker yard has all the aspects reeding areas for misqui toes, rats and other also are a source of generalized dlm1ping. s property to the adjacent residential properties value to the surrounding property owners, who we have a our zoning ordinances. The traffic f use zoning will affect and who ha-ve to travel Dri -ve is so heavy nO\ill, that the addition of vy truck eIrl€!rgency type traffic generated by the safety of the citizens both adjacent to the along South Cobb Drive. 8) This zoning is not 10\illest c th Cobb Dri-ve South Cobb Drive is too with the surrounding uses and Light Industrial, the scale for our City, is not sui table use on nCJW wi thin the city as the property on at this t~ under any other zoning classification. or storage yards along South Cobb Drive, a main eyesore and detract from the aesthetic value of area. ty and welfare of our citizens, to protect the for aesthetic value in preventing junkyards, or ed in residential or office area, I make this notion. The notion to deny carried by a vote of 11 abstained because both he and Larry McIntyre, this property, work for Gulf Oil Corporation.