05-21-1979 Regular Meeting(Continuation of May 14, 1979 Meeting)
Jim Tolleson made a notion the signatures and annexation request be validated. Jim
Hawkins seconded the motion which carried by a 6-0 vote.
Jerry Mills made a motion the date for the public hearing on the above annexation
request be June 4, 1979. John Steely seconded the motion which carried by a 6-0
vote.
Jim Tolleson made a motion the rules be suspended in order to discuss the transfer
of $2,100 from the salary account to the improvement and repairs account in the Parks
and Recreation budget. Jack Shinall seconded the motion which carried by a 6-0
.vote.
Jim Tolleson made a motion to transfer $2,100 from the Parks salary account to the
parks improvement and repairs account, to be used for hydro seeding King Springs Park
football field. John Steely seconded the motion which carried by a 6-0 vote.
Meeting adjourned at 7:45 p.m.
May 21, 1979
The regular meeting of Mayor and Council was held May 21, 1979 in the Court Room of
the Smyrna Police Building, due to the fire at City Hall. The meeting was called to
order by presiding officer Mayor Frank. Johnson at 7:30-o'clock p.m. All Council
members were present except Jim Hawkins who was out of town. Also present was City
Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom,
Police Chief R. E. Little, Fire Chief Don Atkinson, Building Inspector Len Williams,
Parks and Recreation -Director Asa Howard, Public•Works Director Jim David, Civil
Defense Director Jim Farley and representatives of the press.
invocation was given by Elbert Coalson, followed by the pledge to the flag.
Bert Wolf, Attorney representing the owners of the water slide at Church Street and
South Cobb Drive asked for a variance, in order to use a septic tank for another two
months. He stated the sewer line was being installed but would not be complete by
the time they wanted to open. Inspector Len Williams stated they were in the process
of bringing the equipment up tofstandard and`in&talling the sewer line. After dis-
cussion, Elbert Coalson made a motion they be given forty-five (45) days, until July
5, 1979, to bring everything up to standard. Jerry Mills seconded the motion.
Elbert Coalson amended the motion to include the Building Inspector check the business
to be sure everything is safe before it opens. Vote on the motion- .carried by a 6-0
vote. Vote on the main motion motion carried by a_,6-0 vote.
Zoning request: Harvey Nix requested property lying in Land Lot 379, on South Cobb
Drive be rezoned from Office Institutional to Light Industrial, -to be used as a
U-Haul truck and trailer rental establishment, garage and wrecker service. The
recommendation of the Planning and Zoning Board was read in which they voted to
rezone the property by a 3-2 vote, although their expression of concern was unanimous
in that .:such usage would become extremely'unsightly and hazardous if trailers or
wrecked vehicles were left on the right-of-way or haphazardly- around the parking area.
They also pointed out that some of -the area requested to be rezoned was in a. flood
zone. After discussion John Steely made a motion the rezoning be denied for the
following reasons:
1) -The subject property is in an area off -South Cobb Drive which faces homes
with values ranging -from -$35,'000 to $55,000. It,is separated on one side from
other vacant property by a creek which lies within the flood plain as determined
by the Cords of Engineers and on the other side and to the rear is residential,
although multi -family, property containing some of the bestapartment units in
our area. One small section adjoins a set of mini -warehouses which actually are
located so as to serve the residents of the adjoining apartment units and enhance
rather than detract 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 main-
tenance 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 of 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 Corps of Engineers and the National Flood
Insurance Program of the U.S. Department of Housing and Urban Development.
4
(Continuation of May 21, 1979 Meeting)
4) The applicant has not presented sufficient evidence to show that he will be
damaged by denial of the rezoning by showing a substantial difference in value
of the subject 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.
7) The traffic flow on South Cobb 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 now within the City as the property on
South Cobb Drive is too valuable at this time under any other zoning classification.
9) Junkyards, wrecker yards, or storage yards along South Cobb Drive, a main
thoroughfare, would create an eyesore and..detract from the aesthetic value of
'property in `the immediate area.
Therefore, for the health, safety and welfare of our citizens, to protect the
surrounding property values, and for aesthetic value in preventing junkyards, or
storage yards from becoming situated in residential or office area I make this motion.
Jerry Mills seconded the motion. The motion to deny carried by a vote of 5 for and
1 abstention. Jack Shinall abstained because both he and Larry McIntyre,,who wanted
to move his business to this property, work for Gulf Oil Corporation.
Variance request:,, John Hicks requested a variance from the 30-day permit regulating
the use of pennants; -'extending the permit to 90 days on a one-time yearly basis.
Elbert Coalson made a motion to table this request to the next meeting since Mr.
Hicks was not present. Jerry Mills seconded the motion which carried by a 6-0 vote.
Variance request: Janet Coleman requested a,variance to build in the Flood Zone
on Lot,38, Block B,-located in Land Lot.667 and 668, in the Highland Subdivision.
Jim Tolleson made a potion to table this request until the next meeting, by request
from Ms. Coleman. John Steely seconded the motion which carried by a 6-0 vote.
Variance request: Marjorie Terrill, Smyrna -Powder Springs Road, requested a variance
of the City ordinance prohibiting the installation of an antenna exceeding 35 feet
in height. The variance requested would enable her to erect a tower and antenna of
67 feet.. Robert Bennett, who accompanied Mrs. Terrill, stated the tower was already
Lip and was.in four feet of concrete. During discussion a letter was read from the
Building Inspector which stated the tower was within 63 feet of a power line and
could cause problems. if it should fall. Jerry Mills made a motion the variance
request be denied. John Steely seconded the motion which carried by a 6-0 vote.
Variance request: Dr. R. L. Lindwall requested a setback variance in order to build
a 36" door and entrance way with a slab, on a house located on Spring Road at Carolyn
Drive. Attorney Ben Smith, representing Dr. Lindwall, stated it would be 10.9 feet
from the right-of-way, and would improve the attractiveness of the house. It is
to be used as an office by Forrest Smith. After. discussion Jim Tolleson made a
motion the request be denied. Motion died from lack of a second. Jerry Mills made
a motion the variance request be granted. Elbert Coalson seconded the motion which
carried by a 5-1 vote. Jim Tolleson voted against.
Commercial building permits were presented by Inspector Len Williams and the following
action is recorded:
(1) Anna Mae Levaditis requested a building permit for an addition and remodeling
of the existing building located at 3295 South Cobb Drive. Plans had been approved
by the Fire Bureau and the Building Inspector and he recommended it be approved.
Jack Shinall'made a motion the building permit be approved. John Steely seconded ��
the motion which carried by a 6-0 vote. +
(2) A permit was requested for a coin operated car wash on Concord Road. John
Steely made a motion the request be tabled until the plans had been approved by the
Fire Bureau and the Building Inspector. Elbert Coalson seconded the motion which
carried by a 6-0 vote.
(Continuation of May 21, 1979 Meeting)
Jim Tolleson made a motion the Mayor.Protem be authorized to sign a contract between
the Georgia Power.Company and the City for electrical service at King:Springs.Par.k.
Jerry -Mills seconded the motion which carried by a 6-0 vote.
Corunittee Reports: (Parks) Asa Howard thanked the.Civil Defense and Police Depart-
ments for their assistance in.the Road Race, also thanked Mayor Johnson 1or.starting
the race.
Jerr.y.M:lls made .a motion to take off table, for discussion, the request for.the
building permit for the car wash on Concord Road. John Steely seconded the motion
which carried by a 5-1 vote. Jim Tolleson voted against. Jerry explained.ther.e.was
an option on this land, which would run out before the next meeting, and he recommended
the permit be approved subject to the approval of the Fire Bureau and the Inspection
Department. After discussion, John Steely made a motion the building permit be
approved, subject to the approval of the Fire Bureau and the Building Inspector.
Jerry Mills seconded the motion which carried by a 6-0 vote.
Elbert Coalson stated that approval was given to send out bids on five (5) new_police
cars at the last meeting. We have found they can be purchased cheaper through the
State contract. Elbert:made a motion -Chief Little be authorized to purchase�five (5)
new police: -cars through the State contract. Jim Tolleson seconded the motion which
carried by a 6-0 vote.
Elbert Coalson read a letter from Civil Defense Director Jim,Farley..requesting.,t.rans-
fer of funds as follows: $300 from account #8302, $300 from account #8304 and $470
from account #8503, totaling $1,070, to a capital account for the purpose of purchasing
a two-way radio for the new rescue truck, the purchase to be from General Electric
Company. Also, the transfer of $390 from account #8801 and $200 from account #8802,
totaling $590, to account #8403, repairs to communication equipment, to cover required
modifications to the.Civil Defense base and two-way radios. Elbert.Coalson made a
motion these transfers be approved. John Steely seconded the motion which carried
by a 6-0 vote.
Elbert Coalson made a motion the three-way stop sign at -Kennesaw Drive and.,Green Acres
Road be removed. Jerry Mills seconded the motion which carried by a 6-0 vote. _
Jack Shinall made a motion the temporary three-way stop signs installed'some•time ago
at Ward Street and Powder Springs Road be made permanent. Jerry Mills seconded the
motion which carried by a 6-0 vote. _
John Steely thanked the Fire Department for a job well done during the fire at City
Hall. He stated the response time was about a minute and they did a terrific job
extinguishing the fire.
John Steely stated a decision should be made and a garage supervisor hired within
two weeks.
t
Mayor Johnson stated a descriptive error was made on the legal description of the
Post Properties annexation request, and the signatures should be revalidated. Jerry
Mills made a motion the signatures on the Post Properties annexation request be re-
validated. Bill Darby seconded the motion which carried by a 6-0 vote.
Mayor Johnson expressed his appreciation to the employees of City'Hall for their help
in relocating after the fire. He also thanked the Parks and Recreation Department
for their help and cooperation by relocating at the park. Mayor Johnson apppointed
a committee of councilmen to oversee the work being done as follows: John Steely,
Jerry Mills, Bill Darby and Jim Hawkins. Mayor Johnson stated they would select the
people to do the work, and see that it was done properly.
The next regular Council meeting will be June 4, 1979 and the GMA Convention will be
June 17-20, 1979.
There being no further business, the meeting was adjourned at 8:45 p.m.
' May 22, 1979
The Special Called meeting of Mayor and Council was held on May 22, 1979 at the City
Hall Annex. The meeting was called to order by presiding officer Mayor Protem