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03-28-1979 Special Meeting(Continuation of March 19, 1979 Meeting) to be done and filled out an application. Mayor Johnson announced that we have, already approved in the State budget, Department of Natural Resources, $120,000 for this project. This will really be an asset to our city, not only to the Senior Citizens and youth, but this will be the first community meeting place we have ever had. With $120,000, it can be made one of the nicest facilities around. He ad- vised that Representative Joe Mack Wilson was one of our very strong supporters on the House side. The announcement will be made to our Senior Citizens this coming Friday week in a formal presentation at the facility. Mayor Johnson thanked every- one who worked on the project and said he was delighted to be able to make this announcement. The Jonquil Breakfast is Wednesday morning at 8:00 a.m. at Fair's Restaurant. Next meeting will be the annexation hearings on March 28th. Next regular council meeting will be April 2, 1979. There being no further business, the meeting was adjourned at 8:14 p.m. March 28, 1979 The Special meeting of Mayor and Council was held at the City Hall, Smyrna, Georgia on March 28, 1979. The meeting was called to order by presiding officer Mayor Frank B. 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 and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. J Public Hearing - Annexation of property owned by Don and W. S. Caswell, located on Pat Mell Road in Land Lot 301 The annexation request was read as follows: "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 un- incorporated 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 1101, 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 301 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the westerly side of South Cobb Drive and the southerly side of'Pat Mell Road, thence running in a westerly direction for a distance of 827 feet to a point of beginning and thence running south- erly for a distance of 386.4 feet to a point, thence running southwesterly along the center line of said creek for a distance of 172.10 feet to a point, and thence northerly for a distance of 415 feet to a point, thence easterly for a distance of 161 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/DON CASWELL s/W. S. CASWELL" There was no opposition to the annexation and Mayor Johnson called for a motion. Jack Shinall made a motion the above described property be annexed into the City of Smyrna and be a part of Ward 6. Elbert Coalson seconded the motion which carried by a 7-0 vote. Public Hearing,.- Annexation of property owned by Bernard Halpern, located at the intersection of King Springs Road and South Cobb Drive in Land Lot 528 (Continuation of March 28, 1979 Meeting) The annexation request was read as follows: "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 un- incorporated 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 1101, 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 528 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the westerly side of South Cobb Drive and the intersection of the southerly Land Lot Line of 528 and thence running westerly for a distance of 699.3 feet to a point; and thence running northerly along the westerly side being the Land Lot Line 528 for a distance of 799.9 feet to a point, and thence running.in a southerly direction for a distance of 1017.7 feet along the right-of-way of South Cobb Drive 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/JACK HALPERN." Mayor Johnson asked if there was anyone present who would like to speak for or against the annexation. Mayor Johnson stated he would entertain one spokesman for the group in opposition. Mr. John VanHorn represented the group. John VanHorn: While I am here I would like to be in opposition to point 1 and point 2, if I may please. My name is John VanHorn and reside at 1300 Laurel Cliff Drive in Smyrna, which is not in the city limits but in the county. Mayor Johnson: Mr. VanHorn if you will excuse me one second please, I would like to take a short opportunity before you start your testimony to ask you to be sworn. Mr. VanHorn was sworn by City Attorney Charles Camp. Mayor Johnson asked Mr. Van Horn to proceed. Mr. VanHorn: Gentlemen, I am in opposition to both the annexation and rezoning. Mayor Johnson: We are not talking about rezoning. Mr. VanHorn: Well I would like to cover both if I may please. That will save you the boring opportunity to hear me twice. Mayor Johnson: Well, that might be a pleasure, all right. Mr. VanHorn: Thank you, I appreciate it very much. My opposition to the annexation, is not in terms of annexation itself but in terms of what you propose to do immed- iately upon annexing the property. That is, in my opinion, downgrade from an'0 and I zoning to General Commercial zoning. This for several reasons. Mayor Johnson: May I state a point of clarification. The property is not zoned 0 & I, the property is now zoned Planned Shopping Center. Mr. VanHorn: All right sir, I stand to be corrected. My understanding is it is zoned 0 & I. The area at present is extremely congested and we feel that by annex- ation and then rezoning to General Commercial that we are going to create a situa- tion that is far more severe than we currently have. I would like to give you some figures which I believe to be true that were given to me by the State Highway Department which will give some traffic studies, 24 hour periods, within certain sections of the surrounding area. From the area of Cooper Lake Road and King Springs Road in a period of 24 hours, traffic going both ways is 21,060 vehicles moving in that area on an average day. From King Springs Road to Wisteria Lane, I believe is the name of the street, is 25,136 vehicles moving in a 24 hour period. From Concord Road to Wisteria there was 33,000 vehicles moving in that 24 hour period going both ways. This in comparison to a subject area, almost like the same type (Continuation of March 28, 1979 Meeting) area on Highway 41, is a movement of 32,000 vehicles. Which means that at the current time there are more vehicles moving from Concord Road to Wisteria than there is on a like section of Highway 41 . With the annexation and rezoning to General Commercial, it is my feeling, that we are going to add more vehicles to an already crowded road, thus creating an ever-present safety, problem to not,only the citizens of Smyrna but also to the people in the county. According to the State Highway Department in 1977, from Concord Road to I285 there were 429 traffic accidents, in which 49 were injured, 5 were killed. We feel like with the additional zoning to General Commercial that this would make a bad situation even worse. As a comparison study to Highway 41 from New Spring Road to Dobbins connector in the same period of time 1977, there were 295 accidents, 108 injuries and no fatalities. Which means there were more traffic accidents between Concord Road to I285 than on a like area on Highway 41. There are currently 30 children that cross, and this is according to Griffin Middle School, who cross King Springs on their way to Griffin. We feel like the annexation and rezoning is a further hazard to these children. If even one person is injured or killed, then we feel like that what you gentlemen are trying to do here should not be done. We feel that there are better ways for land use. That the area should be zoned for what it is now zoned for and not to General Commercial and we would like your consideration of these matters. Thanking you very much for hearing me out. Thank you very much. Mayor Johnson: Mr. VanHorn'I would like to ask you a question for the record, since you are possessed with so much information from the State Highway Department, I would like to ask the question if the State Highway Department provided you with the information on the design and criteria for the road. Mr. VanHorn: No sir. I simply called the State Highway Department and asked them for this information I was looking for. Mayor Johnson: Thank you very much. Is there any citizens of our city who might wish to speak in opposition to this annexation? Anyone who would like so speak for the annexation? Hearing none, I declare the public hearing to be over and I will entertain a motion. Jerry Mills made a motion the above described property be annexed into the City of Smyrna and become a part of Ward 7. John Steely seconded the motion. The motion to annex this property carried by a 7-0 vote. Jerry Mills made a motion to amend the motion to read the above described property be annexed and made a part of Ward 2, instead of Ward 7. Jack Shinall seconded the motion which carried by a 7-0 vote. Public Hearing - Rezoning request by Bernard Halpern - property located at the corner of King Springs Road and South Cobb Drive, lying in Land Lot 528 - from Planned`Shopping Center to General Commercial r F The rezoning request was read as follows: "The petition of Bernard Halpern, owner, hereby makes application to rezone from PSC to GC the following described property: All that tract or parcel of land lying and being in Land Lot 528 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the westerly side of South Cobb Drive and the intersection of the southerly Land Lot Line of 528 and thence running westerly for a distance of 699.3 feet to a point; and thence running northerly along the westerly side being the Land Lot Line 528 for a distance of 799.9 feet to a point, and thence running in a southerly direction for a distance of 1017.7 feet along the right-of-way of South Cobb Drive to the point of BEGINNING." Mayor Johnson advised the Planning and Zoning Board recommended this property be rezoned from PSC to GC in their meeting on March 5, 1979. Mayor Johnson asked if there was anyone in the audience who might be in opposition. Mayor Johnson: Sir, are you representing a group or individual? Tony Idle: I am not representing any group. My name is Tony Idle. Mayor Johnson: Let me state this first. Are you a citizen of our city? ti (Continuation of March 28, 1979 Meeting) Tony Idle: I am not. Mayor Johnson: I will allow you to speak but you will be the only one to speak in this behalf if not a resident of our city. If you will come forward I ask that you be sworn. Mr. Idle was sworn by City Attorney Charles Camp. Tony Idle: The first thing I'd like to ask is a question, which is, what the purpose of the rezoning is? Is there an intended use? And what that intended use might be, and why the present zoning the property has will not suffice for whatever use is intended. Mayor Johnson: Is that a question? Mr. Idle: That is'a question, yes. Mayor Johnson: You can't put a business of the type that perhaps might go there in a planned shopping center. Mr. Idle: What type of... Mayor Johnson: Sir, I'm not going to answer questions. If you would like to make statements for the record, you might do that. Mr. Idle: Well, I'll make a statement. That statement is that it is my feeling that obviously Wade Ford intends to occupy this property, and it is also my feelings that they asked to be brought into the City of Smyrna, because the City of Smyrna has lower development standards than Cobb County. Mayor Johnson: Sir, now if you want to state some facts.for the record you may do so, but if you intend to stand there and criticize this Council then your testimony will be brought to a close. Mr. Idle: I want to point out... Mayor Johnson: Please understand that now. Mr. Idle: I understand very"well. The point I want to make is that the King Springs Plaza Shopping Center which is inside the City of Smyrna now has mud running in onto King Springs Drive, and it is my understanding that proper development stan- dards control that kind of runoff. That the runoff is controlled by retention ponds by whatever measure, ponding, whatever it happens to be to keep mud from running on to a public street. That condition has existed now for some time, and no evidence has been made that anyone intended to do anything about it. There is no particular reason why that kind of thing cannot be stopped and I point it out to future development for this piece of property, that Wade Ford, if they occupy that, is going to pave what, six acres, and if the runoff of that piece of property is no better controlled that it is off King Springs Plaza Shopping Center,.then the downstream portion is going to be, that during the construction period, that a / substantial amount of mud, silt and general trash is going to be washed downstream into the public streets. Mayor Johnson: All that will be taken care of by our Building Department and we will see that is not the case. Mr. Idle: It is not being taken care of now at King Springs Plaza. Mayor Johnson: The place you are talking about at King Springs Plaza is under con- struction and they do have hay bales but in the heavy rains some of it did wash down in the street. Mr. Idle: The hay bales has not been arranged properly around the property, at this point. One other final point I would like to make about the use of this property for Wade Ford, that is, whatever volume of automobiles they sell in a given time frame, whatever it happens to be, there is going to be at least one test drive for every automobile. Undoubtedly more than that, but the point I'm making is that the amount of traffic on South Cobb Drive, King Springs. Drive and the surrounding streets is going to be increased substantially, and at this point right now that area simply does not need any more traffic. Particularly the type that is basically nonproductive. Driving around, burning gasoline and generally polluting the area and increasing the traffic in that area,. And given that the school is there the nature of the neighborhood is basically residential and we (Continuation of March 28, 1979 Meeting) don't need it. And I'd like to see the City of Smyrna remain the Jonquil City and not the car dealership area for the metropolitan Atlanta area. Mayor Johnson: Sir, I'm sorry, I did not catch where you live. Mr. Idle: Well, I was interrupted. I live at 1284 Kings View Circle. Mayor Johnson: Thank you -very -much. Is there any citizen of our city who would like to speak against the rezoning? Any of our citizens who would like to speak for the rezoning? Hearing none, gentlemen, I will entertain a motion. Jerry Mills made a motion that the legal document read by the City Clerk kequesting rezoning by Bernard Halpern of property at South Cobb Drive and King Springs Road from Planned Shopping Center to'General Commercial be approved. John Steely seconded the motion. During discussion Jim Hawkins stated that to his understanding Smyrna is the only city in Cobb County that doesn't have a new car dealership, so he didn't think we'could be called the new car,dealership of the south. John -Steely said that our Inspection Department was.one of the best in the State as far as our codes. Smyrna has better codes and zoning than Cobb County. Jack Shinall stated that Planned Shopping Center zoning has been proved to be a higher volume traffic area than any General Commercial area. The motion to rezone carried by a 7-0 vote. Mayor Johnson, on behalf of Mayor and Council, welcomed Mr. Halpern into the City. Bid opening: Lighting of Phase I, Ward Park - Bids were opened, read and are re- corded as follows: Smyrna Lighting & Electrical Supply: 46 - ITT JD-4X9X 1000'watt`enclosed heavy duty metal `halide sports lighting luminaire with lamp, cross arm bracket, 3' cord, & aiming device $226.40 each 2 - Galv. cross arm assembly for 7 fixtures 117.64 each 2 - Galv. cross arm assembly for 14 fixtures 235.28 each 2 - Galv. cross arm assembly for 4 fixtures 58.82`-each 2 - 35' hinged steel pole with lowering device and trough for mtg. 6 1500 watt quartz 615.90 each E. Sam Jones Distributor, Inc.: 46 - 1000 watt metal halide fixtures (Musco) with lamps $224.40 each NOTE: These fixtures are prewired, preassembled factory units. No cross arms need be ordered. Specify number of fixtures per cross arm when ordering. Jim Tolleson made a motion the bids be turned over to committee for review with authority to act. Jack Shinall seconded the motion. Mayor Johnson recommended that in considering the bids we include expertise and knowledge of these fixtures, as this is a big item. The motion carried by a 7-0 vote. A resolution authorizing the Mayor to execute a contract in the amount of $120,000 was read as follows: "WHEREAS, at the Special Called meeting of the Mayor and Council of the City of Smyrna, Cobb County, Georgia, held on March 28, 1979, a motion was made and duly seconded that the City Council of Smyrna agrees to the terms of the contract between the Georgia Department of Natural Resources and the City of Smyrna authorizing the Mayor to execute said contract on behalf of the City Council of Smyrna and accept the grant provided for in said contract in the amount of $120,000. NOW THEREFORE, BE.IT RESOLVED by the City Council of Smyrna, Cobb County, Georgia, that the terms and conditions of the contract between the Georgia Department of Natural Resources and the City Council of Smyrna are hereby agreed to, that the Mayor is authorized and empowered to execute said contract on behalf of the City Council of Smyrna and the grant provided for in said -�� contract in the amount of $120,000 is hereby accepted to be used under the terms and conditions of said contract. Read and unanimously adopted in the called meeting of the City Council of Smyrna held on March 28, 1979." (Continuation of March 28, 1979 Meeting) Mayor Johnson advised this contract is the results of our efforts to secure funds to refurbish the Senior Citizens Center. Jim Tolleson made a motion the resolution and contract be approved, only after review by the City Attorney. Jerry Mills seconded the motion. Mayor Johnson advised the contract had not been reviewed by the City Attorney and he would like him to check it before signing. The motion carried by a 7-0 vote. There being no further business, the meeting was adjourned at 8:20 p.m. RANK B. JOHNSON, X7VTOR WILLOUISE SPIVEY, CITY C �4 1--a� �� 00� S E. TOLLESO , WARD 1 WILLIAM F. DARB , WARD 2 OF jcn� x J MILLS, 3 JAMES M. HAWKINS, WARD 4 jW SHIN 71 Z /I V1 �-- / JOHN STEELY, WARD 7