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08-20-1979 Regular Meeting(Continuation of August 6, 1979 Meeting) Elbert Coalson made a motion the minutes from July 30, 1979 be approved as sub- mitted. Jack Shinall seconded the motion which carried 6-0. Jim Tolleson abstained. Committee Reports (Parks) Jim Tolleson read a request for a policy change from Asa.Howard, Director of Parks and Recreation as follows: "Registration for all - classes/programs will only be accepted in person at the Parks and Recreation Department's office. Waiting lists will be formed when classes/programs are filled and additional classes/programs will be offered whenever possible. When classes/ programs have limited registration, they will be on a .first -come first -served basis. Participants are not considered registered until all fees have been paid. All class/program registration fees are non-refundable." Jim Tolleson made a motion this policy be adopted. John Steely seconded the motion, to become effective tonight. Vote on the motion carried 7-0. (Finance) Bill Darby stated we hope to have a preliminary budget for FY1980 by September 17, 1979. Jim Hawkins stated on July 16th he had made a motion that Love Street Extension be closed to through traffic and his motion was never brought to the floor for a vote. Jim made a motion again that Love Street Extension be closed at the entrance to the apartments, due to the unsafe condition of the street. Jim stated this street was a dead end, and when the apartments were built their driveway was extended into Love Street Extension, opening it to through traffic. There are two other entrances to the apartments at this time. Jim stated he has a petition signed by everyone. living on Love Street, except for one family, requesting this street be closed. Jim Tolleson seconded the motion. Following discussion, vote on the motion carried 7-0. (Civil Defense) Jim Farley stated he and Dick O'Hara would be attending a 3--day seminar to work up their Civil Defense program beginning October, 1979 through September, 1980. Also, the Civil Defense Department has 25 boxes of rancid crackers from their supply shelter and he asked permission to dispose of them. Mayor Johnson stated this did not really call for a motion, and advised Mr. Farley to dispose of them as he saw fit. Mr. Coalson thanked the Civil Defense Department and, -Police Department for the good work they are doing. Mayor Johnson reminded everyone of the next council meeting on August 20th. With no further business, meeting adjourned at 8:43 p.m. August 20, 1979 The regular meeting of Mayor and Council was held in the Court Room of the Smyrna Police Station on August 20, 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 except Bill Darby who was on vacation. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little, Building Inspector Len Williams, Parks and Recreation Director Asa Howard, Public Works Director J. E. David, Civil Defense Director Jim Farley, Programmer Tom Hill and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. Mayor's Report: After many months of negotiations with the City of Marietta over territorial right of property across Cobb Parkway, and after an almost complete breakdown of communications, to the point of litigation in the courts, just before the trial began we were able to get Marietta to accept a compromise which was favorable to our city. This was the same compromise we had asked from the outset which was that the City of Smyrna be allowed to annex the Post Properties on the west side of Highway 41, comprised of 301 acres, and I report to you that property is now in the City of Smyrna. In the future we will realize great benefits from this property because it will give us a tax base unequal to anything that has been annexed into this city in many years in the past. The other objective we wanted to achieve was to stop the City of Marietta, from what we call encroachment into our natural growth area, by their continued move to annex properties south of Windy Hill Road, east of Cobb Parkway, taking a tremendous tax base from the county. We achieved this goal this morning. No one will be allowed to annex this particular property for a period of two years, after which we will fall under a new State law (Continuation of August 20, 1979 Meeting) which will require the approval of the property owners and the county commissioners, before property can be annexed into a municipality. We did agree to one concession, and that was the property of Mark Singleton Buick and Capital Cadillac be released from negotiation and are free to stay in the county, request annexation into the City of Marietta or into the City of Smyrna. We feel these properties will remain in the county. This body has been working hard for our city, individually and collectively, and I feel the citizens should be proud of each man up here. We feel we have accomplished what you wanted us to accomplish. Zoning Request - John Dickson requested 793 Smyrna Hill Drive be rezoned from GC to LI for the purpose of building mini warehouses. John Steely read the recommendation of the Planning and Zoning Board as follows: "After some discussion Gene Jernigan made a motion the request be approved. The motion was seconded by Bill Wood and vote on the motion was unanimous." John Steely made a motion this property be re- zoned from General Commercial to Light Industry and a variance be approved giving a 25 foot setback line on Smyrna Hill Drive. Elbert Coalson seconded the motion. There was no opposition to the rezoning and the motion carried by a 6-0 vote. Zoning Request - Donald Lanier Plunkett requested 91-2 acres.on South Cobb__ -Drive -.and Brown Road be rezoned from GC and 0&I to General Commercial to be used to construct a shopping center. Jim Hawkins read the recommendations of_the Planning and Zoning Commission as follows: "After much discussion about a natural buffer being left along Brown Road facing Brown Elementary School it was motioned by Charlie McCoy and seconded by Tom Corso to accept the rezoning with the stipulation that any damaged trees, foliage, etc., be replaced by developer to allow for adequate buffer. The vote for the motion was unanimous." Mayor Johnson stated this was a public hearing and anyone wishing to speak for or against this rezoning may do so. Mr. Plunkett stated he had met with the Planning and Zoning Board on three occasions, and it was an unusual situation since there was an elementary school on Brown Road. Mr. Plunkett stated the development would be a shopping center with national tenants, a first class facility, and would -not add one student to the school system. Mr. Lou Schriebman asked to see a proposed plat of the development and asked if they would be notified.of any changes. One citizen stated she had children attending Brown School and they walked. She was afraid a shopping center would create more traffic and a dangerous situation. She wanted to know what would be done to control the additional traffic. A school patrol is stationed on Concord Road. Mr. Plunkett stated he had three small children and he would not develop anything that would be detrimental to children. He stated the service road would come in off Concord Road and go out into Brown Road. Several people questioned the need of another shopping center and their concern about the traffic on Brown. -Road. Jack Collins, president of PTA at Brown, stated the entire neighborhood was upset over this zoning. Jim. Hawkins stated the main problem he has with the development is the exit from the shopping center, on Brown Road, and since this road is only 22 feet wide he is afraid there will be too much traffic by the:school. Jim Hawkins made a motion this zoning be denied. Motion died for lack of a second. After further discussion Mr. Plunkett agreed to no left turns on Brown Road from -the service road. Jerry Mills made a motion the property be rezoned, as recommended by the Planning and Zoning Board, from General Commercial -Office Institutional to General Commercial, with the stipulation there would be no left turns into Brown Road from the service area. Also the stipulation called out by the Planning and Zoning Board that a natural buffer.be left along Brown Road, and that any damaged trees, foliage, etc. be replaced by developer be carried out. John Steely seconded the motion which carried 5-1. Jerry Mills, Jim Tolleson, John Steely, Elbert.Coalson and Jack Shinall voted for. Jim Hawkins voted against the motion. Residential Business License - David and Glenda Watson requested a residential business license in order to operate a photography business from 1170 Powder Springs Street. Mr. Watson was present and stated the majority of their:business would-be wedding pictures. After discussion Jerry Mills made a motion the license be granted, the application to be made a part of these minutes. Jack Shinall seconded the motion which carried by a 6-0 vote. There were no commercial building permits to come before Council. Jerry Mills made a motion the qualifying dates for the November 6, 1979 election be set as follows: Open September 24, 1979 at 8:30 o'clock a.m. and close on September 28,. 1979 at 5:00 o'clock p.m. Jim Tolleson seconded the motion which carried by a 6-0 vote. Mayor Frank Johnson stated the first Monday in September falls on Labor Day and he recommended the'Council meeting date be changed from Monday, September 3rd to Tuesday, September 4, 1979. John Steely made a motion the first meeting in September (Continuation of August 20, 1979 Meeting) be held on Tuesday, September 4, 1979. Jim Hawkins seconded the motion which carried by a 6-0 vote. Committee Reports - (Water) Jack Shinall read a letter from Ridgeview Institute addressed to Street Foreman Ike Thornton, commending him and his crew, Ray Curtis, William Holland, Donald Simmons and David Reece for the persistence with which they worked to repair the water main break last Saturday. They•thanked them for their help in minimizing the situation. Jack also reported that due to computer delays., water bills are late going out this month, but should be mailed this week. Elbert Coalson stated the Smyrna Athletic Association's opening day ceremony to kickoff,the new football season would be held on Saturday, September 1, 1979. An invitation to participate in the parade was extended to Mayor and Council. The parade will start at 11:00 a.m.- at the Smyrna Drive -In, south to Cherokee Road, right on Cherokee Road to South Cobb Drive, left on South Cobb Drive to McCauley Road, then left to King Springs Park. Elbert made a motion the parade permit be granted. Jack Shinall seconded the motion which carried by a 6-0 vote. Elbert Coalson advised he had a request for permission to collect funds for the Muscular Dystrophy Association on Labor Day, at the intersection of Concord Road and Concord,Lane. ..Mayor Johnson advised them to contact _Police Chief Little about this request. ,. Jerry Mills reported that after waiting about two years to get some streets re - paved under the LARP program, they have finally started and are working in Ward 7 this week. A total of 43 streets will be resurfaced throughout the City. Asa Howard reported the public pools were closing and September 3rd would be the last day the public pools will be open for the summer session. King Springs pool will reopen on Saturday, September 8th; Sunday, September 9th, September 15th and 16th. Starting Monday, September 17th, the fall session begins -and the King Springs pool -will be open each day. ;; r Jerry Mills asked Finance Director Gunter Newsom to give a recommendation from the Finance Committee. Mr. Newsom stated he hoped to get the tax bills out by October 1st, but in the meantime, due to the cash flow, we need the authority to borrow $200,000 if the situation becomes necessary. Jerry Mills made•a_moti;on.,authority be given to make this loan. John Steely -seconded the motion for discussion.. After discussion on why Cobb County -was late with the digest and the fact it could be factored by the State,•Jim Tolleson asked if we could not hold off on a decision until next week, as the chairman of the'Finance Committee is absent and this is the first he has heard about it. Gunter said that due to not having a_current computer printout the exact amount -Of cash on hand was hard to determine. Mayor Johnson recommended that action be postponed until the called Council meeting on August 27th. Jerry Mills withdrew his motion andJohnSteely withdrew his second. Mayor Johnson reminded everyone of the called meeting on August 27th at 7:30 p.m. for the purpose of annexing two parcels of land into the City, and the consideration of the $200,000 loan. Helen Mates, a resident from Myrtle Beach, South Carolina, stated she had rented a warehouse in Belmont Hills shopping center and had run into a problem. She stated she had gone to a lot of expense and erected a directional sign, and now you cannot see it. She requested a variance from the sign ordinance to install a larger sign near Atlanta Road. She was advised to contact the building inspector and committee chairman and see what could be worked out. There being no further business the meeting was adjourned at 8:50 p.m. August 27, 1979 , The Special Called Meeting of Mayor and Council was held in the Court Room .at the Police Station on August 27, 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 except Bill Darby who was on vacation. :Also present was City Attorney Chuck Camp, City Clerk Willouise Spivey and Finance Director Gunter Newsom. The purpose of this called meeting was to approve the annexation of two parcels of property and the loan of $200,000 for a period of 120 days.