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07-16-1979 Regular Meeting (2)(Continuation of July 2, 1979 Meeting) to ten days after we let the contract, so storage would be no problem. Bill Darby stated that we had hired Tom as our programmer, and if he recommends we use the B800 then he was in favor of going with it. Mayor Johnson suggested that the Finance Committee meet again with Gunter and Tom just as quickly as possible 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 Council to approve the purchase. Jim Hawkins made a motion to table the recommendation for purchase of a computer, seconded by Jerry Mills. Vote on the motion carried 7-0. 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 Coalson made a motion this item be brought off table. Jack Shinall seconded the motion which.carried 6-1. Jim Tolleson voted against. Len.stated that the contractor involved bas,pur.ghased a.;kusiness icense and everything is in order with the Fire Department and Inspection Department. Elbert Coalson made a motion the building permit be approved. -Jerry Mills -seconded the motion. Vote on the motion carried 6-1. Jim Tolleson voted against. Jack Shinall made a motion the minutes from June 4th be approved as submitted. pJim Tolleson seconded the motion which carried 6-0, with one abstention.. Elbert Coalson abstained due to the fact he was on vacation and not present at the meeting. Jerry Mills made a motion the minutes from June 26th be approved as submitted. John Steely seconded the motion which carried 7-0. Committee Reports: John Steely stated that by next week we should be ready to send out bid packages for the reconstruction of City Hall. Mayor Johnson called for a 10 minute recess. Mayor Johnson called for a meeting of Council after adjournment with Leroy Brownlee. On July 4th festivities will be held at King Springs Park and Mayor Johnson reminded everyone to be there. July loth there will be a CMA meeting in Acworth. This will be a steak dinner at Acworth Beach for the families. Next Council meeting will be on July 16th. With no further business, meeting adjourned at 8:09 p.m. July 16, 1979 The regular scheduled meeting of Mayor and Council was held in the.Court Room of the Police Department on July 16, 1979. The meeting was called to order by presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little, Fire Chief Don Atkinson, Director of Parks and Recreation Asa Howard, Director of Public Works Jim David, Director of Civil Defense Jim Farley and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. Citizens reports: Mrs. Crane of 3689 Wisteria Lane stated a neighbor parked his truck on the street directly across from her driveway, making it difficult for her to back out of her driveway. She said she had hit the truck once and other cars had hit it also. She asked that the curb be painted yellow, prohibiting parking. Mayor Johnson stated we were bound by law as to what we could do and suggested he speak to the neighbor before any action was taken. John Steely advised he had al- ready contacted the neighbor and he refused to move the truck, and he made a motion the curb be painted. Jim Hawkins seconded the motion. Attorney Camp advised that in his opinion, to paint an isolated section of curb would be discriminatory. Jerry Mills and Jim Hawkins both said they thought the police could act if the vehicle was parked so as to create a nuisance or obstruction. After further discussion Mayor Johnson again asked Mrs. Crane to give him the opportunity to contact the man about the truck and rules the motion out of order. (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 O.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 saw the problem caused by cars parking on the street. Mayor Johnson asked Mack Henderson, 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 Commercial 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 Commercial to Limited Commercial, 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 O.D. to RM-10. 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 O.D. to RM-10. Jim Tolleson seconded the motion which carried by a 7-0 vote. The Planning and Zoning Board recommended this zoning be approved. Opening of bids: Bids for 600 3/4" x 5/8" water meters were opened, read and are recorded as follows: Each Neptune Company -5/8" x 3/4" Trident 8 standard meter, less connections, $25.35 Rockwell Int. -5/8" x 3/4" Rockwell Sealed Reg. Meters, less conn. 29.50 Badger Meter-Recordall Model 25, 3/4",x 3/4" x7i", bronze w/cast iron bottom, less connections 31.40 Davis Meter -5/8" x 3/4" Hersey Model 430, straight reading US gallon sealed register, plastic chambers, cast iron frost bottom complete with couplings 29.40 Southern Meter -PMX 75 5/8_x 3/4 precision meter less connections 25:50 Kent Meter Sales -Kent Model C-700 5/8 x 3/4 polymer case positive displacement meters 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. Commercial 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 which 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 Cobb 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: Carolyn 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 899 Concord Road. -Jim Hawkins made a motion the,.variance be granted. Jerry Mills seconded the motion which carried by a 7-0 vote. Annexation: The request by the Green Acres Baptist Church 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: Exteh§i.oni.197.9 � It'.is_ the =ifiterltidnigf the governing body, and it is hereby ordained that the provision of this ordinance shall become and be made a part of fhei:Code-of Ordinances,. City of Smyrna, Georgia. "We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous 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 1011, 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 and 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. 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/JAMES T. BENEFIELD, Chairman of Trustees, Green Acres Baptist Church" Elbert Coalson made a motion the above described property be annexed into the City of Smyrna and be made a part of Ward 6. Jack Shinall seconded the motion which carried by a 7-0 vote. Annexation: The request by John E. Querry and James H. Querry that property located in LL 412, corner of Cindy Lane and Lake Drive be annexed into the City of Smyrna was read as follows: Extension 1979 - It is the intention of the governing body, and it is hereby ordained that the provision of this ordinance shall become and be made a part of the Code of Ordinances, City of Smyrna, Georgia. "We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous 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 1011, 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 412 of the 17th District, 2nd Section, Cobb County, 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 southerly along the right-of-way of Lake Drive for a distance of 80 feet to the point of BEGINNING. 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/JOHN E. QUERRY JAMES H. QUERRY" John Steely made a motion the above described property be annexed into the City of Smyrna and become a part of Ward 7. The motion was seconded by Elbert Coalson and carried by a 7-0 vote. (Continuation of July 16, 1979 Meeting) Bill Darby made a motion the meeting be recessed for five minutes. Jack Shinall seconded the motion which carried by a 7-0 vote. Mayor Johnson called the meeting back to order at 9-:40. The review and approval of the acquisition of a computer system was the next item of business. Bill Darby read,the proposals as follows: - The Burroughs.Corporation has proposed a B800 computer with 128,000 bytes of central processing memory, disk storage of 42.2 megabytes of memory, a 350 line per minute line 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 price of $66,325, - 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. Committee Reports: Bill Darby made a motion that Council reconsider the rezoning request by Harvey Nix of property located on South Cobb Drive, and bring the question back before Council. Jim Hawkins seconded the motion. Jerry Mills stated a part of this property was in the flood plain. He advised this same rezoning was denied on May 21, 1979, 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 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 Corps of Engineers and on the other side and to the rear is residential, although multi -family, property containing some of the best apartment 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 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 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) 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. I (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) 1 (7) The traffic flow on So.Uth 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. Jerry stated the City has spent thousands of dollars correcting drainage in flood plains. He asked who would pay for the readvertising? Attorney Camp 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. Jack Shinall abstained. Vote on the main motion carried by a 4-2-1 vote. Jim Tolleson, Bill Darby, Jim Hawkins and Elbert Coalson voted for. Jerry Mills and John Steely voted against. Jack Shinall abstained. (Inspections) Jim Hawkins requested approval and adoption of the following policy: "All vehicles assigned to the Building Inspection Section shall be parked at the City Hall except when it is being utilized for the performance of City business. The vehicles shall not be utilized for any other purposes than City business." Jerry Mills seconded the motion which carried 7-0. Jim,Hawkins presented a petition signed by 23 residents,on Love Street'.Extension to be made a part of the minutes, requesting approval to close off Love Street Extension to through traffic. Jim made a motion their request be granted, seconded by Jerry Mills. Chuck Camp explained it could be a problem in closing a street, if there are residents or citizens using that street, whether they live on the street or not, and there was' a serious legal question about that. Jim stated the street was too narrow for through traffic and it was impossible for two cars to pass. Mayor Johnson stated he would not put the motion on the floor for a vote as there seemed to be some question of the legality and asked Mr. Hawkins to discuss this further with the City Attorney'. Elbert Coalson read a letter from the Parks and Recreation Department to the Police Department thanking them for their help and cooperation during the 4th of July celebration at King Springs Park. John Steely stated that all departments in,:the City had_•received'a.memorandum from him requesting they submit a list of all vehicles assigned to their department and the manner in which they are being used. The purpose of this request is the City is attempting to set up a maintenance program for all vehicles in the City which will be reviewed --periodically, according to the amount of use. John Steely explained we have advertised for bids for.the renovation of City Hall and we hope to be partially moved back in the building around August 15th. We hope to complete the building within 60 to 90 days after beginning the work, some- where around August 8th or 9th. Mayor Johnson reminded everyone of the Jonquil Breakfast on July 18th, on July 30th we will open bids for the renovation of City Hall. The next Council meeting will be August 6th. With no further business, meeting adjourned at 9:08 p.m. July 30, 1979 A special called meeting of Mayor and Council was held on July 30, 1979 in the Court Room of the Police Station, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Protem Elbert Coalson at 7:30 o'clock p.m. Mayor Frank Johnson was on vacation. All Council members were present except Jim Tolleson.