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09-17-1979 Regular Meeting(Continuation of September 4, 1979 Meeting) if they are given this power of arrest. The passage of this ordinance would lay the groundwork for Federal assistance for mandate training, and he had no objections to it. Bill Darby seconded the-amendment,to.the origina1.motion which carried by a 7-0 vote. Vote on the main motion carried 7-0. Jim Tolleson read a request from Asa Howard requesting approval to stretch a banner across Atlanta Road at the intersection of Church Road and Jonquil Plaza. This 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. It,would be hung on September 14th and would remain until the completion of the Fall Festival. Jim Tolleson made a motion this request be granted, seconded by Jim Hawkins. Vote on the motion carried by a 7-0 vote. (Finance) Gunter Newsom stated the new computer would be shipped from Ohio on Friday, September 7th. Barring any complications we hope to have it installed the middle of next week and will be operational within 24 hours. (Streets) Jerry Mills made a motion that Bank Street be closed from Atlanta Road to King Street on September 22nd, for the Fall Festival. The auto parts business on Bank Street will be closed that day, and having the street closed should not create any problems. 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 projects. The letter read as follows: "The paving program financed by the State has added additional work to the Street Department for which we need additional funds to correct. The overlay added to our street surface has caused water problems in driveways of our residents, therefore we must raise the asphalt on these drive- ways to delete the water runoff from the streets. There were forty three streets to be resurfaced. My estimation of the amount of money to correct the driveways on these streets would be $4,000. This figure also includes some bad drainage onto our sidewalks, mainly Burbank Drive in Ward 6." Jerry made a motion that $4,000 be transferred 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 abstained. (Water) Gunter Newsom stated that we have run into problems getting water bills out, but Tom Hill is working on the program and has assured him they will be ready this week. They will be mailed as quickly as possible. (Building) John Steely reported some changes were being made to City Hall during the renovation but we were staying right in line with the money paid by the insurance company. We hope to be able to start moving into the back portion of the building the week of September loth, next week. The front portion of the building will not be ready for occupancy until mid -November, or possibly December. Mayor Johnson reminded everyone of the Earlybird Breakfast this Thursday, September 6th, and the next council meeting on September 17th. On September llth the CMA meeting will be hosted by the City of Austell. With no further business, meeting adjourned at 7:55 p.m. September 17, 1979 The regular meeting of Mayor and Council was held in the Court Room of the Police Station on September 17, 1979. Presiding officer Mayor Frank Johnson called the meeting to order at 7:30 p'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, Parks and Recrea- tion Director Asa Howard, Public Works Director Jim David, Civil Defense Director Jim Farley, Building Inspector Len Williams and representatives of the press. Presentation - Mr. Billy Stephens, retiring from the Parks and Recreation Commission after five years of service was presented a plaque by the Parks and Recreation Department with an expression of their appreciation for his service. The Parks Commission presented Mr. Stephens the traditional crystal jonquil and Mayor Johnson presented the Distinguished Citizens Award on behalf of the City. Appointment - Councilman Jack Shinall read a letter from William C. Nall, resigning his appointment from 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 Board, to fill the unexpired term of Mr. Nall. Jerry Mills seconded the motion which 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 Commission, 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. Rezoning - 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. ,The 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 congestion on Spring Road. Jim asked Mr. Sheron if he had any plans to help alleviate the traffic problems. Mr. Sheron stated the property is presently zoned O.I., 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 that -financially speaking, it would be a burden to.them but they would certainly be willing to work with the City to relieve any traffic problems. Following a question from Mr. Tolleson, Mr. Sheron stated this development would not have much impact on the schools in the area, as it will primarily be an adult community. There was no opposition 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 stipulation that the apartments have an entrance and exit onto Woodruff Drive. Jim Hawkins seconded the motion which carried by a 7-0 vote. Rezoning - Mr. J. F. Shaw requested the rezoning of 5.87 acres on South Cobb Drive, from O..D. to L.I. This request for rezoning has been previously denied by Council, and followinq. a motion for the re -hearing, is being brought before Council again tonight. 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 22 years ago the property was zoned O.D. There has been very little movement of the property and he could 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 that 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 from the minutes of the Planning and Zoning Board as follows: "It was unanimous among the 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." There was a large group of citizens present, in opposition to the zoning. Mr. James O'Connor, a resident of Stonecreek Road, stated he had lived at this location for five years and there had been some slight deterioration of South Cobb Drive during this time, with the used car lots and service stations and he felt this rezoning would (Continuation of September 17, 1979 Meeting) would be a great step backwards as far as the environment of South Cobb Drive was concerned. Jerry 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 appear on the minutes of that meeting, a part of this motion. However, in order to clarify the position of the City and the owners as to the ability to construct mini warehouses 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 variance to specifically allow the construction of mini -warehouses on the subject property under its present classification, as was originally intended and as has been 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 building 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 G.C. zoning, less than one-half mile from the property in question and he did not see where there was any difference. John Steely,stated he was the City Marshal at that time 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 motion was,John Steely, Elbert Coalson, Jim Hawkins and Jerry Mills. Voting against was Jim Tolleson and Bill Darby. There were no commercial building permits to bring before Council. Approval to request bids (1) Jim Tolleson made a motion that approval be granted to accept bids for the renovation of the Senior Citizens Center on Church Street, to be opened at a called meeting on October 4, 1979. John Steely seconded the motion which carried 7-0. (2) Jack Shinall stated it would be necessary to install a 12" water meter on Cobb Parkway in order to handle the Post Properties development. Mr. Shinall made�a motion the City accept bids for one (1) 12" water meter, to be opened October 4, 1979. Jim -.Tolleson seconded the motion which carried by a 7-0 vote. Approval of Ordinance - Jim Hawkins stated he was sponsoring a proposed ordinance which would prohibit vehicles from parking on the streets in any residentially zoned.area. Several other councilmen had expressed their desire to take a closer look at the ordinance, as to how it would be enforced. Jim Hawkins made a motion this item be tabled until the next council meeting and asked the Police Committee to get with the Police Chief and work out a way of enforcing this law if it is adopted. Jim Tolleson seconded the motion to table. Vote on the motion carried 7-0. Ordinance Amendment - Elbert Coalson read a proposed amendment to Section 15-7 of the Code of Ordinances as follows: "Section 15-7, Disorderly Conduct It shall be unlawful for any person to commit any act of public indecency, quarrel or fight, or use obscene, vulgar or profane language within the City, or to otherwise act in a disorderly manner or behave in a way contrary to public peace or morality to the disturbance of any citizen of the City. (Code 1957, Ch. 4, 10; Ord. of 6-20-60, 2) - Cross reference, Illegal noises, 11-1 et seq. - State law reference - Public disturbance; 26-2605, Ga. Code Ann. Disorderly conduct shall be deemed to consist of, but not limited to the follow- ing specific acts, or any one of them, towit; A) No person shall remain or loiter upon any premises to which the public has has access, including but not limited to such places as shopping center parking 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 another whereby any other person is placed in fear of safety of his life, limb or health, or whereby the property of another is placed in danger of being destroyed or damaged; . C C) No person shall endanger the lawful pursuits of another by acts of violence, angry threats, 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) No person shall assemble or congregate with another or others for the purpose 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. Vote on the motion carried by a 7-0 vote. i 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 Smyrna to become a part of Ward 7, and remain under the present zoning classification of R-80. There is a Protective Covenant Agreement made by Mr. Bowen and Mayor Johnson read a portion of the agree- ment as follows: "15. FUTURE SANITARY SEWER: Any and all costs of installation of a future sanitary sewer system in 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 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 wanted to confirm that Mr. Bowen had agreed to this, along with the annexation. Jack Shinall seconded the motion which carried by a 7-0 vote. (Copy of Protective Covenant Agreement to become a part of these minutes.) Validation of Annexation Petition - Mr. G. M. Sellers, Vice President of Rhodes, Inc. requested annexation of 2.835 acres of property on Cobb Parkway, located in Land Lots 848 and 879. The petition was read as follows: "We the undersigned, 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 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; from said point proceed south 8 degrees 25 minutes 30 seconds east a distance of 95.4 feet to an iron pin; proceeding thence south 51 degrees 17 minutes 30 seconds west a distance of 499.4 feet to an iron pin located on the (Continuation of September 17, 1979 Meeting) northeastern right of way of U.S. Highway 41; proceeding thence 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 Ainutes 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 point of beginning; this tract comprises 2.835 acres and is shown by plat of survey made for Rhodes, Inc. by Delta Engineers & Surveyors, Inc., Smyrna, Georgia, 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. 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/G. M. SELLERS, 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: "We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area described 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 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 Lots 848 and 879 of the 2nd Section, 17th District of Cobb County, State of Georgia, and more particularly described as follows: BEGINNING at a point where the northeastern right of way of U.S. Highway 41 intersects the northern line of Land Lot 848; proceeding thence north 89 degrees 50 minutes east 162.1 feet to an iron pin, which said iron pin is located in the land lot corner formed by the southwestern corner of Land Lot 878 and the northwestern corner of Land Lot 879, proceeding thence north 88 degrees 58 minutes east a distance of 539.6 feet along the northern land lot line of Land Lot 879 to an iron pin; proceeding thence south 8 degrees 25 minutes 30 seconds east a distance of 13.9 feet; proceeding thence south 80 degrees 39 minutes west a distance of 627.6 feet to the northeastern right of way of U.S. Highway 41; proceeding thence north.38 degrees 38,minutes 30 seconds west along said northeastern right of way of U.S. Highway 41 a distance of 135.1 feet to,-the.point of beginning. This tract comprises .945 acres and is more particularly shown by plat of survey made for Rhodes, Inc. by Delta Engineers & Surveyors, Inc., Smyrna,- Georgia,.. ;dated••Septembe.r 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. 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 Tolleson made a motion the petition be validated as read and the date of public hearing be set for October 4, 1979. Bill Darby seconded the motion which carried by a 7-0 vote. Mayor Johnson stated that in an effort to build our tax digest by attracting commercial and industrial developments, we need to follow the vein of other urban municipalities in our State by adoption of the Freeport Amendment. This amendment would exempt all stored manufactured goods 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 direct use of consumption in 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 lst day of January:;- are stored in a warehouse, dock, or wharf whether public or private, and which are destined for shipment to a final destination outside the State of Georgia and inventory of finished goods which are shipped 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 destination 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 for 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 17, 1979 Meeting) Jerry Mills reported that several months ago, Mrs. Jean Ellis had paid for a sewer tap for her home on Smyrna Powder Springs Road. Mrs. Ellis is a hardship case and Jerry made a motion that her money for the tap -on be refunded, except for $45 which is the cost of installation. John Steely seconded the motion which carried by a 6-1 vote. Jim Hawkins voted against. Jerry Mills made a motion that $1,600 be allocated to construct headwalls and finish one of four driveways on Highlarid Drive, -where these homes have experienced flooding problems. The Finance Committee will look into the appropriation of funds required to finish:the other three driveways. Jim Tolleson seconded the motion which carried by a 7-0 vote. (Finance) Bill Darby stated the new computer would be delivered tomorrow and installed, and he hoped to get a budget finalized shortly. Jim Tolleson thanked Commissioner Wit Carson for obtaining the pipe needed to correct some flooding problems in the Highlands. Asa Howard reminded everyone of the Smyrna Fall Festival on Saturday, September 22nd. Mayor Johnson stated'that the.State had factored our tax digest by 7% which would give the City a bit of a windfall in taxes, and based on this he recommended that we set our millage rate at 12%, which would be a reduction in our present millage rate. Bill Darby motioned that the millage rate Jfor FY1980 be reduced from 12.25% to 12.00%, seconded by Jim Hawkins. Vote on the motion carried by a 7-0 vote. Mayor Johnson read a statement announcing his candidacy for re-election as Mayor of the City of Smyrna, and stated it had been a privilege and an honor to serve the citizens of this city the past two years. Mayor Johnson reminded everyone of the Jonquil Breakfast at Smyrna Hospital on September 19th, the regular council meeting on October 1st and the called meeting on October 4th. With no further business, meeting adjourned at 9:35 p.m. F K B. JOHNSON, OR WILLOUISE C. SPIVEY � ITY C RK i GJAMES E. TOLLE ON, WARD 1 WILLIAM F. DARBY, WARD 2 (Made part of September 17, 1979 minutes) Harvey Nix Zoning: 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 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. rV' 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) 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 commn 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, 4,. �ft wanted to move his business to this property, work for Gulf Oil Corporation.