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02-21-1979 Public HearingPUBLIC HEARING- ANNEXATION RIDGE ROAD -SOUTH COBB DRIVE FEBRUARY 21, 1979 SMYRNA, GEORGIA f The meeting was called to order by presiding officer Mayor Frank B. Johnson at 7:30 1 t p.m. Mayor Johnson introduced Council members as follows: Jim Tolleson, Ward I; - Bill Darby, Ward II; Jerry Mills, Ward III; Jim Hawkins, Ward IV; Jack Shinall, Ward V; Elbert Coalson, Ward VI and John Steely of Ward VII. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. Mayor Johnson stated this meeting is being held for the purpose of the presentation of an application for annexation. He called on the Finance Director Gunter Newsom for the presentation. Mr. Newsom stated the application for annexation covered property located roughly between Cooper Lake Road and Ridge Road, fronting on South Cobb Drive. -The petition has been validated, having received 60 percent of the land owners signatures and 60 percent of the eligible voters. This property is presently zoned residential and office/institutional. If annexed it will be annexed under these classifications. Of the residential property, there is restrictive covenants for the next four to six years. Attached to the application was a copy of the legal notice to annex, certified list of the electors, and report of plans for extension of municipal services. Bill Darby made a motion that all the evidence be heard tonight but extend the hear- ing until March 19, 1979, at which time Mayor and Council will vote on the annexa- tion request. Jerry Mills seconded the motion. Jim Tolleson stated he just got here and asked why the vote would be delayed. Mayor Johnson said we would continue to hear and gather evidence until the meeting of March 19th. The motion carried by a 6-1 vote. Bill Darby, Jerry Mills, Jim Hawkins, Jack Shinall, Elbert Coalson and John Steely voted for. Jim Tolleson voted against. Mayor Johnson said we want to provide'.every opportunity for those directly affected to be heard and he hoped each group represented would have a representative to speak for them. He named the people affected as Don Hall, R. L. Potts, Richard Bridges, Dr. Louis Belinfante and Meurice LeFevre. Bob Smith: My name is Bob Smith and I represent Mr. LeFevre. I can't say I repre- sent the entire group. I have talked with some other people in Legend Heights and across South Cobb Drive. As a point of inquiry first, if I understood the motion, the motion that this hearing be continued until the 19th of March without prejudice to any rights any petitioner -may have at that time. Mayor Johnson: That is correct sir. Bob Smith: Well of course, Councilmen and Mayor, my purpose in being here is to oppose the annexation on behalf of Mr. LeFevre. I come before you to implore you not to annex this property on behalf of Mr. LeFevre who is directly affected, and 1, on behalf 'of other people who of course would not be in the City but would be in the county close by. They feel the same way. There are a number of reasons for this and I want to go over procedurally a few of them to start off with. In the last three weeks we have examined this petition 'quite detailed we believe, and we believe that there are a number of procedural defects in the petition. I would like to get a little help here with the proposal. (showed map) Unfortunately those in the audience won't be able to see it but I think most of them know it, and you folks do. First we contend that there is not the 1/8 aggregate boundary because we contend that the City cannot go across South Cobb Drive as the red line indicates and come all the way down and jump back across the line, in effect annexing the City only. The only reason for the annexation of .that would be to gain the 1/8 aggregate out- side boundary. There is absolutely no other reason since the city limits already abut the property on the east side of South Cobb Drive. And we believe that is a procedural defect and when you take that out you do not have the 1/8 contiguous area. That's the first point. The second point, now while not any different procedurally a more important point, is this. That this procedure was set up for land owners and for elector voters to come into the City if they desire. It was not set up, and as we understand what happened, it was not set up for the City to be the instigator of the annexation petition and we submit that every bit of evidence that has been uncovered so far shows that the instigation of this petition was not by any land owner, but by the City of Smyrna. The proper procedure under the law for the City to annex is to go on over into the Code where it specifically provides for annexation by the City of Smyrna and not to use the City's good offices to have an application signed; not to have the City's elected officials take the application. We believe that this is totally contrary to .the annexing law which you are going under, which is the 60 percent application of the electors and we believe the (Continuation of February 21, 1979 Meeting) impetus has to come from those persons and not come down from the City. If the City is going to do it you have to go to other annexing procedures. Third, and speci- fically in regards to Mr. LeFevre, there must be a determination that this is in the best interest of all the citizens of Smyrna and of all those who are proposed to be��� annexed, and we submit to you that there is no set of facts which can be shown which would show this to be in the best interest of specifically Meurice LeFevre, or any of the other land owners. We submit that all the evidence which has been gathered so far, all the indications on this application is that this annexation quite likely is for the purpose of having the property on the south end rezoned for a new car facility. I know there had been no application made, but we submit this is the ultimate outcome and that this is the purpose. Many of the peopoe here fought the rezoning in the county of this property. They fought it hard and fairly. They met with their county commissioners, talked to them about it and finally reached a compromise on it. Yes, it was not residential but no, it was not to be commercial, and it was rezoned office and institutional, and we submit that is the way it ought to be left. And within a week or two weeks after this annexation came up. All the evidence points to that. We feel, and believe you feel, that is not the way things ought to be done politically. The property has been considered and Cobb County has found it to be not in the best interest of the entire area to have this property zoned commercial. We submit that having an annexation which was instituted by the City to get this property is not proper. I can only speak for Mr. LeFevre as an affected person, but we have had discussion about it, and we implore you to not do this. We think we have shown that there are procedural defects in it, and we have shown that it is not in the best interest of the citizens of Smyrna. And I can tell you that Mr. LeFevre feels very strongly about it as do many other people but he is an affected person. There of course are procedures for reviewing whatever action you take. Mr. LeFevre does not want to do that and I am sure you do not wish to do that. It is costly and time consuming. So what we do is to implore you to consider these elements we have talked about, both procedurally, but especially consider the element that it is not in the best interest of the people of Smyrna nor of the residences affected, and turn down this annexation. Mr. LeFevre may want to say something in his own behalf. Mayor Johnson: Mr. LeFevre? Meurice LeFevre: Mayor and Council. Bob speaks from a legal view and I speak more of what is inside my own mind and living in the community, and the thoughts of why I came.to Smyrna, or the outskirts of it, as it turned out to be. I would just like to point out, that when you recognized the homeowners here, Mr. Hall was not here. Fact is, Mr. Hall just bought that house and as best I can tell has never moved into it, even though I think he is listed as a registered voter. The house is still empty. I can see it from my house and see it every day and every night and I have no way of knowing he will ever live in that house. It is rumored that his whole objective is to get that house, which angles into South Cobb Drive, as commercial zoning, which may or may not can be done. But at any rate, it certainly would be detrimental further to our community. Mr. Olin, one of the land owners who signed in favor, is a resident of New York state. He bought the house two years ago and has never lived in it, and it is currently for sale. Dr. Belinfante, who also is not'here tonight, has his home for sale. The doctor is a good friend of mine and pulls my young 'uns teeth, not only is planning to move out of the neighborhood but is also an investor in adjoining land there that might stand to gain from this thing. The point I am making is that all of the yes votes, with the exception of Mr. Potts, appears to be ulterior motives or situations that involve possible financial gain or possibly some other thing or they do not live there and do not care. We live there, our money is invested there in our homes and I cannot see that this annexation is going to enhance that. To the contrary. It appears the victory we just won in the county, which insures us of twelve or eighteen months of protection, could immediately go down the drain, because then we got it all to fight over again. We got to turn around and someone could submit an application the next day for a rezoning, and we are right back where we started. And a rezoning for this land in no way cannot hurt homes in the price range we are in. Now you know you can back a car dealership up against a $30,000 house and in a year it will probably be worth $50,000. You have helped the man, you haven't hurt him. But you back it up against houses in that price range and there is no way Mr. Wade himself, if he was alive, would want to live in my home backed up against his dealership. No one else would. I would like to appeal to you from a moral standpoint not only for myself but for approximately 400 home owners that are extremely concerned. True they may not be voters and may not have elected you gentlemen into your offices, but they still own homes in this county and they still have businesses, many of them in the City of Smyrna, and they still have an interest just like I do and I don't think that that should be ignored or looked over. And from a moral standpoint, I don't see any way that a few non- resident home owners should be able to dictate the will of several hundred tax paying home owners. I would just like for you to bear that in mind when you make your decision. Thank you. (Continuation of February 21, 1979 Meeting) Mayor Johnson: Mr. Cochran, what group do you represent? Mr. Cochran: I represent the tax payers of the City of Smyrna. Me as myself. Mayor Johnson: I am going to ask you to hold back a vew minutes and after we hear all the testimony from those who are directly affected then we will call on a selected few who might wish to make brief statements. Mr. Cochran: All right sir, I do feel that I am affected by this as a tax payer. I will yield the floor. Mayor Johnson: Do we have others who are directly affected and wish to speak? Mayor Johnson: Will you state your name? Mark Turner: I am Mark Turner and my wife Eleanor Turner owns the property between the Don Hall property and the City of Smyrna property on South Cobb. It is a small portion but we would like for it to remain in the county. Don Hall's property does not adjacent in any way, the 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 that it existed. Mayor Johnson: Do you have some papers in your hand you would like to leave with us? Mark Turner: Well I wouldn't want to leave them, I would be glad to have either Mr. LeFevre's attorney or my attorney later submit them as evidence, but I wouldn't want just to.leave them here. 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- ment? Does your group have a spokesman other than Mr. Smith who represents Mr. LeFevre? Nick Moskovoy: Gentlemen, I am Nick Moskovoy. I reside at 4206 Lake Laurel Drive, which is adjacent'to the area just across the street from the property you are fixing to annex. What is my interest in .this? I guess I'm interested because I am in- directly involved in the proximity of .the area to be annexed. Several citizens represented here in the audience tonight called me and we have had several meetings and as a result of the meetings they selected.me to be, to be more or less of a spokesman for certain groups. But to be a spokesman, you people have got to know a little better background of what we just went through. Now you know this has not been rehearsed because I.think Bob Smith has said some of the things I am going to repeat, and certainly Meurice did too. So if you don't mind. This particular issue began really as I stated before in the rezoning and all of us, I have two sheets of paper here of all of us here involved, the City, Marietta, all of these people here repre- sented. We had enough publicity around this thing. This is nothing new. So all of this newspaper clippings started off with rezoning. What part of rezoning issue was actually connected with this? Mayor Johnson: Mr. Moskovoy we are not discussing rezoning per se here tonight. Nick Moskovoy: This is a history, a background of how all these things really started. I realize this. It won't take me but just a minute to go back to rezoning. Just to lay a background of what I am about to say. I talk to you about this. Some of you people has seen that. The rezoning application was for an eight acre tract, border- ing the corner, referring back to the map, 200 feet north of Cooper Lake running for a thousand feet along South Cobb Drive to a point in this direction. This is approximately eight acres of land that we was talking about was made by the American Research and Land Corporation for the Wade Ford Motor Company. And this is all I'm going,to say about 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 Dn"�� a economic and environmental study of this area recommended to Cobb County Commissi 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 I totally surrounded area. Some of you might not have been in this particular area but would like to invite you and show you around, any one 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, at 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. Why even such a hurry to (Continuation of February 21, 1979 Meeting) rezone or to somebody is, I don't know, I say you. Because the application was certainly to you and you all took immediate action on it. But why in such a hurry that you have to have this hearing at 21, which is exactly 15 days from the time, rather than 40 or 45. But anyway and so we begin to mistrust you gentlemen, I have liked since 51 being a resident of here and I love Smyrna, my kids grew up in Smyrna and everybody else's kids grew up here in Smyrna and I just don't see, I begin to have mistrust. I have worked with you people in city, different Mayors and some of you ex -Mayors here know me. But I gentlemen, I am real sorry, I can't help it, I smell a rat someplace, something's happened. A funny thing. A couple days later, after I found out about this thing, I said well, you know when you read it, and I'm a professional engineer, when you read a legal ad in the paper as to the area you are trying to rezone, I did not have.a land lot map and apparently you have to have it to know what area you talking about you know you can't do it if you just look at that ad, and I've got a paper, telling you describe so many feet this way and so many feet that way. So I came to the City Hall, this was on Thursday, February 8th, I asked Mrs. Spivey to show me. Mrs. Spivey show me, because the ad said all the material be available tothepublic for their review and I did. I want to see it. She show me what she had in the file and then I asked her to see, is it plotted someplace, so you can visualize where it is. You all did not have that, which the ad said you will have on display at City Hall, from the time that you put in advertising. I never did see it. Now she immediately called Mr. Gunter in. Mr. Gunter Newsom, he came in and I asked specifically asked and you 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 got 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 said, something's wrong gentlemen, what kind of deal somebody's trying to pull on us, I say somebody, not you, I hope not. Now if it does go through what effect will it have on us. Why are we fighting this? Somebody just said preceding me, said this is going, if it goes commercial, hopefully it never does. First of all it will decrease the value of the homes. I can't help it. You cannot put, and, when we talk about Ford, and I hate to reline with Ford because everytime you go someplace, when I went to see the County Planners and County Engineers I said I want to see some Land lot plots so I could plot this thing and he says, Oh, you're involved with the Ford Dealership deal, -aren't you? You know, they don't want, whatever you say, it's Wade Ford. It's Wade Ford. Everybody knows. The whole City of Smyrna and Marietta knows it's Wade Ford, and we can't erase that out of our minds I don't care what you -do. Now Wade Ford or several representatives of the owner of Wade Ford said we're looking for another site and what have you, and gentle- men you know when you mistrust somebody you lose that perspective. Then, I, you know I just don't have it. How about- the effect on safety? South Cobb is unsafe. You all have to have a policeman out there to let people in and out of the hospital. All the traffic on it. How about the health.. I guess I got so involved with this thing ... Mayor Johnson: Mr. Moskovoy, we are not talking about zoning, we are talking about annexation. Traffic would not have anything to do with annexation. Mr. Moskovoy: I am talking about the effect it has on the people of this area. Mayor Johnson: The annexation? Mr. Moskovoy: Yes sir. These people cried over here when they met. They all got upset. I did. That's what I'm talking about, my health and safety is involved. My health, sir I spent two days in the hospital, Friday and Saturday, because they thought I had a stroke, I got so emotionally involved. If that is not health, then I don't know what is sir. Furthermore, about morale and general welfare. Okay, the environmental damage to that area. We are replacing a dam on that lake that I just laid out three times. If anything is going to be built over here it is going to fill our lake full, and whoever will build on it, they will have to have some kind of a sediment tank, .sediment pond, or. something to hold that dirt in without filling our lake. Now, we have already took the measurement on the lake, and man with just a little of increase, somebody is going to get sued. The developer or whoever it may be. Now, I will do something. Gentlemen, I have stated our oppostion to why we feel like. We feel like we are in a residential area, we want to keep it that way, we have our livelihood, our homes. I am going to retire. I'm going to retire in about a year and a half and I want, I hope I stay there the rest of my life. Hope I die there. But I like to quote Mr. Mayor and gentlemen, something that another Mayor has said. A similar situation happened in the development, and I just picked this up, from Brunswick. The Mayor, Hosendorf of Brunswick, in deciding what the Brunswick area, St. Simons, Jekyll Island and the Brunswick area should be developed into. And he said, Growth for the sake of growth accomplishes nothing, (Continuation of February 21, 1979 Meeting) the quality of life is more important than the size of the community. Industrial development and commercial does -nothing to improve the quality of life. Gentlemen, I speak to you in the behalf of us who like the quality of life we are accustomed to and living now and would like to remain that -way. Not only did I address some of the older developments in this particular area but we have two almost new developments. One is just starting and they are building some 64 or some odd homes over there and that is Laurel Cliffs. Then there is another subdivision, Ridge Cliffs. But what is missing as far as ours is concerned. We are missing the public informational meeting. Why wasn't the people notified? What action took place on February 5th. Immediately said go to it, go to work. Let's get it going, let's get it annexed. I don't know what you all said, but I just presumed, I wasn't here. But why such a hurry. Why a hurry? There was no publicity until February 6th and all the works had been done, all the laundry had been washed, man all you had to do was shoot it through here. And I don't believe you gentlemen here are the type of person that would allow such a thing to happen to you or to your neighbors. Mr. Mayor, we happened to have a meeting Sunday two weeks ago at Griffin Middle School. On the, and this is where we'got organized and we're here tonight. Sometime just before then, I went there for a public informational meeting, it wasn't a public hearing, it was a public informational meeting on the East-West Connector. You was there. I don't know if some of the councilmen were there. I thought I heard you speak sir. At the public informational meeting on East-West Connector. Mayor Johnson: Quite a few months back. Yes. Nick Moskovoy: Yes, you were there. I heard you get up and make a speech, and opposing the four laning of Concord Road. And say, to the effect, that you live right there and you oppose it and most of the people said that we oppose it because we know if it is going to be fourlaned it is going to go commercial. Gentlemen, we can't help it just because South Cobb is fourlaned. The highway department did that, with no opposition, no public hearing, because the traffic was so bad on the old two-lane they had to do something. I call it four lane because the middle is passing lane although it is a five -lane highway. But is fourlane for all practical purposes. Mayor you opposed the East-West Connector openly before the public. Some of these people got up and.spoke up also. I notice some of them people here. The druggist from the drug store over there. Okay. You opposed on the right hand the very thing that has happened to you, and yet, we then, are opposing the same thing. Not so much the annexation but we are afraid of what's going to happen to have, to the property across from us and how it will affect our lives. Secondly, I would like to ask you a question. I know time is of essence but is it right gentlemen, I have just spoke for all the 400 or 500 homes over here, is it right for five electors, only four homes, five electors, two families, and a land development company to dictate the destiny of the population and residence of all these people here. You have a petition in front of you, in your pocket, you look at it, compare the names on that petition both as electors and property owners and then compare it to the number of people here, that are directly affected. Gentlemen I beg of you, please consider to deny the annexation proposal. Thank you. Mayor Johnson: Are there any other people who feel that they would be affected in a negative way that would like to speak? All right, I will ask you to limit your time and this will be the last one we hear. Julian Wilson: I'm Julian Wilson. I am a professor at Southern Tech and live two houses down from Meurice on -Shamrock Trail. I got here late and would like to point out that we could stand a little growth in this room. The crowd now goes out into the hall and I guess there are as many people outside this room now as there are inside, and I think most of those would be my neighbors. I am interested in local current events and I remember the statements of State Senator Joe Thompson and the statements from this group concerning what Marietta was doing about annexation. I know you have asked us to not speak to the problem of rezoning, but if this property comes into the City of Smyrna most of us obviously would not have a voice at this body and I think we really have to admit that the two are tied together. But con- cerning Senator Thompson's remarks and your remarks as to what Marietta has done,, I look at the shape of that thing coming through my neighborhood and I say, who's raping who? Thank you. Mayor Johnson: Isithere anyone now who would like to speak for the annexation? Mayor Johnson: I said that would be the last one but if you have something differen� to say we will hear from you. �l John VanHorn: My name is John VanHorn and I live at 1300 Laurel Cliff Drive in Smyrna. Mr. Mayor, Honorable members of the City Council, I think we are dealing (Continuation of February 21, 1979 Meeting) with something here that is very important. I think there are two things that we all must remember. One, you must have progress and it must be progress with pride. Secondly, is that government is by the people and for the people, and obviously the majority of the people here feel that the government should act in its behalf. And the 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. Earle Cochran: Honorable Mayor, distinguished members of Council. My name is Earle Cochran. I stand before you tonight as a concerned citizen. A citizen of this city and a tax payer of this city. We have a great city here in Smyrna. The services provided by this city are superior to those of any other city in the state. The budget of this city has grown over the past years and we all can foresee a larger budget at the next term. The taxes will either have to be increased or other tax revenue found, to alleviate the problem on the homeowners and the citizens of this city. We don't want the taxes increased. This city is strangled on the north by the City of Marietta and strangled on the east by Marietta. The City of Atlanta is poised like a tiger waiting on its prey to come across the county line and take us in. We don't want that. We want Smyrna the way it is. I've heard an awful lot said tonight concerning zoning; that is not the purpose of this hearing. This hearing is for annexation and I promise you that is all I'm speaking on - annexation, no zoning. This annexation is a strong, positive, progressive move on the part of the City, and I applaud you for it. We need strong, progressive annexation. The only areas open to us are to the south. We can't go north, we can't go west, we can't go east, we must go south. The tax base generated by this annexation will bring in more revenue.in tax dollars, per square foot, than any other annexation that we could possibly foresee. I strongly urge you, proceed forward with this annexation. Mr. Smith has said that it will not affect or be to the betterment of the citizens of Smyrna. I disagree strongly. I am a citizen of Smyrna. I am affected by this annexation. It's strong, it's solid. (outcry from the audience) I would like the opportunity please, to finish speaking. We have given everyone else the courtesy. I live here in Smyrna. (Where? - from the audience) I live on Manson Avenue. I am a citizen of Smyrna on Manson Avenue. I have friends on both sides, for and against this annexation. All I can do is speak what I honestly feel, and having served this city I know the needs of the City. I know the needs of the tax payer, that's why I strongly urge you to proceed forward with this annexation and other annexations that might be available to this council. Thank you gentlemen. Mayor Johnson: Is there others who would like to speak for the annexation? Laverne Beavers: You are going to shoot me. My name is Laverne Beavers and I reside at 1555 King Arthur Court, right in the Legend Park area. I would like to say first of all to Mr. Cochran that he does not live in our area. He is not con- cerned with the homes, the zoning and the annexation. That would go, if it went in his front door I wonder if he would feel the same way. Then I would also like to say that I just do not see how that.many people on this 60 percent constitutes this many people that stand.against it. I just cannot understand how this can 1 happen to us as..a community. I've been there almost 15 years and this is my home and �.: I would love to stay there but I cannot stay there with some used car lot or something in my front door which that will be what will happen if it stays, if it goes through. Thank you. Mayor Johnson: Mr. Argo, I let Mrs. Beavers say a word so we will entertain you. Mr. Argo: I have a question. How can five houses add so much revenue to the City of Smyrna... Mayor Johnson: Do we have others to speak for the annexation? No, it is not necessary for him to answer your question. John Hicks: I'm John Hicks gentlemen and I have a vested interest in the City of Smyrna so I feel comfortable standing.up here talking with you about it. We heard so many words about fighting a while ago it kinda' reminded me of World War"II when General Patton and Bradley were having their problems and had to make a decision. They had to sacrifice a few privates for the rest of our country. So, gentlemen, I say tonight you are the general and Mr. LeFevre might be the private that we might need to sacrifice. (Boos from the audience) The City of Smyran needs an increase in its tax base. This property is commercial property. There's no question about it being commercial on all sides of it. South Cobb Drive is going to be commercial and we have all the reason in the world to believe that this property will develop, it will increase the tax base of the City of Smyrna. We need relief now from our taxes, we have to have something else in this city besides homes. The homeowner just cannot pay the entire tax burden. So I respectfully ask you to consider this (Continuation of February 21, 1979 Meeting) with a very positive attitude and suggest that it be approved. (Someone from the audience asked to point out that John Hicks was not a resident of Smyrna.) l/ Mayor Johnson: No, he is not. He does have a business here but is not a resident. When you ladies and gentlemen who were opposed spoke, there was no booing and heckling when you had the opportunity and I don't feel like the input you are placing on the people now who are speaking in favor of the annexation would behoove your character and I don't think it adds anything to it. We will consider everything said here tonight, but the booing, heckling or jeering at each other is certainly not the way to accomplish. We are trying to have a hearing here and that is what we are going to have, so hold back on your booing and heckling. Will you do that for me? All right, is there anyone else who would speak for the annexation? Someone from audience: The environmental engineering study that the county used... Mayor Johnson: Are you speaking for the annexation? No sir, I am speaking against annexation. Mayor Johnson: I asked if there was anyone else to speak for it? All right then, I am going to give you all a good shot and will entertain two more people who might have something in opposition. Two more is all we are going to have and then we will continue the meeting at a later date. Sir, we will entertain you now. Please come to the microphone and state your name and your address. Larry Roots: My name is Larry Roots and I live on 4151 Charleston Place in the Legend Park area. The environmental study that Cobb County Engineering department apparently performed that was originally ruled down, I am going to ask Mr. Hicks that, if this property is going to go commercial such as, and we know he is for, for the Wade Ford annexation for he got up at the county hearing and was very strongly in favor of it, but if he is still for Wade Ford going on that corner, how is he going to go against this engineering study. And it definitely, the Cobb County Engineer said that that area, to asphalt that much area, the water runoff and everything else, these studies, apparently he had documented proof there that it wasn't a good idea. That is all I got to say. Mayor Johnson: I will assure you that before any annexation or attempt by anybody of rezoning, if that should ever occur, certainly everything will be considered. There is no doubt about that. All right, one other. Are you speaking for the annexation? Dr. Charles Bosch: I am Dr. Charles Bosch and I live at 1570 Shamrock Trail next door to Meurice LeFevre and I would be directly and certainly involved with the annexation and perhaps any rezonation, rezoning that.is required. Mr. Newsom came to my office approximately two weeks ago, with the, I assumed, purpose of getting4 me to sign an annexation proposal, and I would like for the members of the City \� Council to consider something. Mr. Newsom in his introduction, told me that the primary purpose of this annexation was to level off the property lines of the City of Smyrna. He described the city property limits as sort of a distorted amoeba. Well, looking at this zoning map I see no earthly way this could level off any, square off any property lines. The bulk of the conversation was not annexation, it was Wade Ford, what buffer zones would be constructed and how the City of Smyrna was very strict in their buffer zones in a commercial property located next door to a residential area. The Kings Mill or what ever this shopping center is up here, King Springs. We visited after this was called to our attention and I would like for all of you, when you go by there to look at the buffer zones of the front yards of the homes as they overlook the back of the shopping center, the garbage containers, and you ask us why we oppose this, and why we are afraid of possible rezoning after` annexation? This is your answer. Thank you. Mayor Johnson: We will entertain Mrs. Linda Wells. Linda Wells: I would just like to ask the Mayor and Council if it has been so long ago that they have forgotten the Ruff property situation. I am wondering if the City has enough money, in the event that this does come in, do we have the money to stay in court this long with this case? That is the only thing I'd like to ask. Mayor Johnson: Thank you. We will entertain this gentleman and this will conclude our hearing tonight. Dave Robinson: Mr. Mayor I am Dave Robinson and I live at 1231 King View Drive, and a former member of the planning commission for the City of Smyrna, Mr. Coalson's district. I moved out of the City about a year and one-half ago, directly behind (Continuation of February 21, 1979 Meeting) the King Springs Shopping Center area. Speaking towards the annexation, I think if you will all turn around and look at the maps behind you, the property that you're speaking 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. Mayor Johnson: Ladies and gentlemen, that will conclude this portion of our hearing ` tonight and the continuance of this hearing will be on March 19th, for the purpose of gathering any additional information that might be brought before this body. So, at this time, 8:35, we will conclude this portion of the hearing. CERTIFIED ELECTION RETURNS OF SMYRNA SPECIAL RUNOFF CITY ELECTION E 2,052 REGISTERED 818 VOTING 3 TOTAL NO. VOID BALLOTS HELD THIS SATURDAY, FEBRUARY 17, 1979 We, the duly appointed election Managers to conduct this election, declare the following results: COUNCILMAN WARD #7 JOHN STEELY LINDA WELLS 452 363 We, therefore certify to the Mayor and Council of the City of Smyrna, the election of: COUNCILMAN WARD #7 JOHN STEELY This candidate has received a majority of the votes cast. d-f- I (>- ze� R1Lt�� SUPERINTIJr OF ELECTION r- Chief Manager, Ward #7 Assistant Manager, Ward #7 ATTEST) DATE) t' S C-j TOTAL NO. OF PERSONS REGISTE,-,_ u oCOsoZ TOTAL NO. OF PERSONS VOTING ? O 6 TOTAL NO. OF VOID BALLOTS TOTAL NO. OF ABSENTEE BALLOTS 32 TOTAL NO. OF VOID BALLOTS TOTAL VOTE RETURN SPECIAL RUNOFF ELECTION CITY OF SMYRNA FEBRUARY 17. 1979 ELECTION DISTRICT AND NUMBER SMYRNA WARD 7 COUNCILMAN - WARD 7 JOHN STEELY LINDA WELLS VOTES COUNTED AT WARD -3.5-0 ABSENTEE VOTES /7 2 TOTAL VOTES (TOTALED AT CITY HALL) /3 �3 �a 3 WE, THE UNDERSIGNED POLL OFFICERS, DO HEREBY CERTIFY THAT THE ABOVE IS A TRUE ACCOUNTING OF THE VOTES CAST IN THIS ELECTION, THIS SEVENTEENTH DAY OF FEBRUARY, 1979. ITU MANAGER ASSISTANT MANAGER AS S I S TAP MANAGER COUNCIL MEMBER I, John A. Steely , do solemnly swear that I will well and truly demean myself as Council Member of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as -COUNCIL MEMBER act as I believe for the best interest of the said City. So help me God. Council Ward 7 (Seal) i Subscribed and sworn to before `J. me this 19th day of February, 1979.