11-20-2017 November 20, 2017 Mayor and Council Meeting Minutes - SIGNED - LFCity of Smyrna
Meeting Minutes - Final
City Council
2800 King Street
Smyrna, Georgia 30080
Monday, November 20. 2017 7:00 PM Council Chambers
Roll Call
Present: 6- Mayor Max Bacon, Councilmember Derek Norton, Councilmember Andrea
Blustein, Councilmember Charles Welch, Councilmember Susan Wilkinson
and Councilmember Doug Stoner
Absent: 1 - Councilmember Ron Fennel
Also Present: 11 - Tammi Saddler Jones, Scott Cochran, Scott Andrews, Terri Graham, Ken
Suddreth, Russell Martin, Maxwell Ruppersburg, Ashley Youmans, Dat Luu,
Kristin Robinson and Jennifer Bennett
Call to Order
Mayor A. Max Bacon called the meeting of the Mayor and Council to order at 7:00 PM.
1. Invocation and Pledge:
Pastor Lee Delbridge of Smyrna Christian Church located at 910 Concord Avenue gave
the invocation and led all in the Pledge of Allegiance.
2. Agenda Changes:
Mayor Bacon noted there was one agenda change which was an item under Land
Issues, Zonings and Annexations number four (4) (A) for Zoning Request Z17-013.
This re -zoning would be tabled at the request of the applicant to the December 18,
2017 Mayor and Council meeting.
We still have a empty Ward seat for ward 3
3. Mayoral Report:
A. Proclamation in Recognition of Small Business Saturday, November 25,
2017
Sponsors: Stoner
A Proclamation in recognition of Small Business Saturday, November 25, 2017 was
read aloud by Councilmember Doug Stoner. The proclamation was accepted by David
Monroe on behalf of the Small Business association. Mr. Monroe is the
President -Elect for the Smyma Small Business Association and he has a small realty
business in Smyrna.
B. Recognize Smyrna Soccer Club's U16 Team Benfica for finishing the
2017 Fall Season with an Undefeated Record of 10-0
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Mayor Bacon announced the Smyrna Soccer Club, Team Benifica. Coaches, Steve
McKinley and Mahmoud Abouelnasr came forward to speak on behalf of the soccer
team. Team Benifica finished the 2017 Fall Season with an undefeated record of 10-0
and as the # 3 team in the state out of 78 teams. The team roster is made up of
Smyrna boys ages 14 & 15. Coach Steve McKinley introduced the 12 players in
attendance.
Players: Aiden Lambotte, Andrew Ayoub, Angel Facundo, Diego Montoya, Dominique
Moms, Ethan Tai, Hudson Weller, Jacob Blackburn, Jaden Ramsey, Jake Petersen,
Joel McKinney, Kaleb Carmack, Kevin Capula, KristoHer Fields, Louie Akpodi, Neal
Mancha, Nicholas McKinley, Sachin Trevino
Mayor Bacon wished the team his congratulations. He asked the families of the team
to stand up and be recognized along with the team.
Mayor Bacon asked if any Candidates wanted to come to the podium to speak. There
was no one.
4. Land Issues/Zonings/Annexations:
A. Public Hearing - Zoning Request Z17-013 - Rezoning from R-15 to
RAD -Conditional for the development of four single-family residences at
a density of 3.39 units per acre - 1.18 Acres - Land Lot 593 - 1505 &
1515 Spring Street - Neighborhood Commercial, LLC - This item will be
tabled to the December 18, 2017 Mayor and Council meeting at the
request of the applicant.
Sponsors: Stoner
A motion was made by Councilmember Doug Stoner to table zoning Request Z17-013
at the applicants request to December 18, 2017 - Rezoning from R-15 to
RAD -Conditional for the development of four single-family residences at a density of
3.39 units per acre - 1.18 Acres - Land Lot 593 - 1505 & 1515 Spring Street -
Neighborhood Commercial, LLC.; seconded by Councilmember Derek Norton.
This motion was approved to be tabled by the following vote:
Aye: 5- Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson and Councilmember Stoner
Absent: 1 - Councilmember Fennel
B. Public Hearing - Zoning Request Z17-016 - Rezoning from R-15 to
RM -15 -Conditional for the development of 59 townhome units - 4.71
Acres - Land Lot 809 - 2708, 2720, 2732, 2742, 2754, 2766, 2776,
2788, 2800 and 2812 Bell Drive - The Woodberry Group, LLC
Sponsors: Norton
Mayor Max Bacon requested City Administrator, Tammi Saddler Jones to provide the
background for the rezoning.
Ms. Sadder Jones welcomed everyone and stated that the Woodbeny Group had
requested the rezoning of ten single-family residential properties on the west side of
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— Bell Drive from R-15 to RM -15 -Conditional for the development of a 59 unit townhome
subdivision at a density of 12.52 units per acre. The 59 units will be split between 11
buildings ranging between 5 to 6 units per building. The community will be comprised
of sixteen twenty-two foot wide townhomes; fifteen twenty-six foot wide townhomes;
and, twenty-eight twenty-five foot wide townhomes. The townhomes will consist of a
mixture of front and rear loaded two -car garages, which shall be designed to
accommodate two vehicles. The twenty-two and twenty-six foot wide homes will front on
Bell Drive and have rear -entry garages. The twenty-five foot wide homes will be located
along a private street and have front -entry garages. The floor areas of the townhomes
will range between 1,800 sq. ft. and 3,000 sq. feet. The townhomes will employ a
variety of traditional architectural features. The building facades will include, but not be
limited to brick, stone, cement -fiber siding, wood or cement -fiber shingles, and other
materials per the attached rendering. The applicant has provided elevations and floor
plans for both townhome products for review with the zoning application. This item was
moved from the September 11, 2017 Planning and Zoning Meeting to the October 9,
2017 meeting due to Hurricane Irma.
Mayor Bacon announced the public hearing he asked if anyone was in opposition or
would like to speak on the proposed rezoning to come forward. No one came forward;
Mayor Bacon closed the public hearing.
Mayor Bacon stated that the rezoning was in Councilmember Derek Norton's district.
Councilmember Norton asked Senior Planner Rusty Martin to provide the presentation
for the rezoning. Mr. Martin stated that the rezoning request was heard by the
Planning and Zoning Board at the October 9, 2017 meeting and was recommended for
approval for the 59 units by a vote of 6A, at a density of 12.52 units per acre.
Mr. Martin began the presentation with the zoning map. The property is located on the
west side of Bell Drive. It is the 10 lots from Spring Road to Afton Downs. There are
10 single family residences with accessory structures that the applicant, The
Woodberry Group, has requested to demolish. They are requesting to build 59 new
single-family attached townhome units. The required rezoning is from R-15 to
RM -15 -Conditional. The future land use map was shown which showed the existing
future land use plan as Urban Residential, which is the proposed future land use
designation. There are similar uses in the area, such as Afton Downs. The proposed
site plan is shown; they are requesting variances regarding the setbacks which
Community Development is in support of the variance requests due to the proposed
rear entry design. There will be a new private street in the development with a 50 foot
public access and utility easement. In addition staff has requested a future dedication
of a 50 ft. right-of-way through the property that would eventually connect to Bell Drive
or any redevelopment with the adjoining apartment complex. All other variance
requests were reviewed. The proposed elevations are shown as to what the townhomes
will look like.
Community Development recommends approval with conditions, there are standard
conditions and special conditions. Mr. Martin read the special conditions aloud for
Mayor and Council.
Councilmember Derek Norton asked Mr. Martin what the price point was to be. Mr.
Martin commented that the applicant would be better served to answer the question
concerning the price point.
Councilmember Susan Wilkinson inquired if the homes would be facing Bell Drive and
the houses on the west be facing the other way. Mr. Martin stated the homes that abut
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Bell Drive will front Bell Drive. The private drive that goes around the rear, those
homes will front on the private drive. The Bell Drive homes will have a rear entry and
the homes on the western entry will have front entry.
The Mayor asked if the applicant was in attendance. Garvis Sams came forward,
introduced himself, and indicated that he represented The Woodberry Group. Mr.
Sams stated that Mr. Martin, as always had done an excellent job outlining the
principal designs of the rezoning. They had continued the rezoning prior to the
Planning and Zoning Board meeting, due to Hurricane Irma but also to continue the
dialog with the neighbors. He mentioned a handout presented to the Mayor and
Council at the beginning of the meeting with revised elevations. The applicant
represents 4.7 acres for this development that backs up to an apartment complex.
He believed the apartment complex could be rezoned in the future. He believed Mr.
Woodberry's proposed rezoning is a critical development as well as what happens with
the Galleria Apartments.
Last year when this development was submitted, they had some opposition to the
rezoning concerning traffic and roadways. The City has made improvements to Spring
Road along with signalization improvements, traffic will not be a concern.
The townhomes will be in the price range of $375,000 to $420,000. The square
footage will be 1800 — 3000 square foot; there could be an increase in square footage
in this development. Driveways will be at 22 ft. to accommodate 2 cars. They have
followed all the directions of public works. They do ask that the Community
Development Director be available as well as the Ward Councilmember even after the
conclusion of plan review to have administrative latitude for minor modifications just
moving property lines but no major changes to set backs, height, or elevations. They
do ask the rezoning be approved as presented.
Councilmember Derek Norton thanked Mr. Woodberry for keeping him in the loop
working so well with him and being informative and helpful with the staff. This
development will be a nice complement to what they did on the other side of the street.
They have future connectivity for this site, which helps Galleria Apartments and Afton
Downs along with future developments.
Standard Conditions
(Requirement #2, 8, 16 and 17 from Section 1201 of the Zoning Code is not applicable)
1. The composition of the homes in a residential subdivision shall include a mixture of
elements including; but not limited to: brick, stone, shake, hardy plank and stucco.
No elevation shall be comprised of 100% hardy plank siding. The residences whose
lots abut external roadways shall not be permitted to utilize hardy plank for any
elevation facing these roads.
2. There shall be protective covenants on all lots. These protective covenants shall be
supplied to the city prior to the issuance of a building permit.
3. The developer shall provide at least 200 square feet of common space per lot. This
common space shall be developed with improvements for the residential subdivision
such as: gazebos, fountains, recreational/playground equipment or walking trails. The
common space shall be controlled and maintained by the Homeowners Association.
4. The detention pond shall be placed and screened appropriately to be unobtrusive to
homes inside and outside the development. The storm water detention plan shall be
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designed to create at least a 10% reduction in a 2 -year to 100 -year storm event. The
City Engineershall approve all plans.
5. All utilities within the development shall be underground.
6. The developer shall be responsible for any traffic improvements (including additional
right-of-way dedications) deemed necessary by either the City or the County during
construction plan review. Sidewalks shall be provided by the developer inside the
subdivision and outside the subdivision adjacent to any public fight -of -way consistent
with City's requirements for the extent of the development. A grass buffer with a
minimum width of 2' shall be provided between the back of curb and sidewalk.
7. A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance for a minimum distance of 20 feet.
8. The development of any streets (including private) shall conform to the city's
standards for public right-of-ways.
9. No debris may be buried on any lot or common area.
10. The developer will install decorative streetlights within the development, subject to
approval by the city engineer. Utilization of low intensity, environmental type lighting,
the illumination of which shall be confined within the perimeter of the subject property
through the use of "full -cutoff lighting".
11. The developer will comply with the City's current tree ordinance (unless noted
elsewhere). All required tree protection measures shall be adhered to by the developer
during construction.
12. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
13. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
Special Conditions
14. The development shall maintain the following setbacks:
Front - 10' (from existing right-of-way)
Front - 10' for front porches, porticos & stoops
North Side - 20'
South Side - 10'
Proposed Future Rightof-Way - 10'
Rear -20'
15. The buildings within the development shall maintain the following building
separations:
Front to Rear- 50'
Side to Side - 20'
16. Each townhome building shall be limited to no more than six units per building.
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17. The proposed homes shall have a minimum floor area of 1,800 sq. fl.
18. Driveway - 22' minimum length from building face to back of sidewalk or back of
curb if no sidewalk is present.
19. Each home shall have a fire sprinkler system approved by the City's Fire Marshal.
20. The rear of the townhome units shall have architectural features that delineate the
individual townhome units.
21. The developer shall provide a 5' sidewalk with a 2' grass buffer along Bell Drive for
the length of the development and a 5'sidewalk within the development.
22. The developer shall provide a 10' landscape buffer per Section 503 of the Zoning
Ordinance along the western and southern property lines. The developer shall provide a
20' landscape buffer per Section 503 of the Zoning Ordinance along the northern
property line.
23. The developer shall be responsible for any water and sanitary sewer improvements
deemed necessary by the Public Works Director during construction plan review.
24. The developer shall be responsible for any fire access improvements deemed
necessary by the Fire Marshal during construction plan review.
25. The developer shall provide a 50' public access & utility easement over the private
street for water and sanitary sewer services. All water and sanitary sewer mains must
be located within this utility easement.
26. The private street shall not be gated.
27. The developer shall dedicate a 50'right-of-way from Bell Drive to the adjoining
apartment complex (as shown on the submitted site plan) for a future road at time of
final platting.
28. The entrance within the right-of-way that will be dedicated to the city for a future
road shall be designed to city's right-of-way requirements.
29. No stormwater management facility or portion thereof shall be located on any
portion of the proposed lots. The stormwater management facilities shall be solely
located on the HOA's property.
30. Trees shall be planted the entire length of Bell Drive and Woodland Terrace at an
average spacing of no more than 40'.
31. All trees within the limits of disturbance and not located within a tree protection
area must be removed during the land clearing and grading phase of the development.
32.Approval of the subject property for the RM -15 zoning district shall be conditioned
upon the development of the property in substantial compliance with the site plan
submitted 1122017 created by DGM Land Planning Consultants and all zoning
stipulations above.
33. The applicant shall be bound to the elevations submitted and dated 8/1712017 &
91262017. Building fronts shall have a staggered appearance. Approval of any change
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- to the elevations must be obtained from the Director of Community Development.
34. The additional stipulations agreed upon by the applicant in the letter submitted and
dated on September 26, 2017. If there should be a discrepancy between the
stipulations in the September 26, 2017 letter and the stipulations stated above, the
stipulations stated above shall apply.
35. Channel protection shall be required, discharge into an MS4 maintained system
cannot be considered for relief from this design.
36. The detention facility shall be designed to delay the peak Flows sufficiently to allow
the downstream system to develop adequate capacity.
Mayor Bacon requested City Administrator Tammi Saddler Jones to provide the
background. Ms. Saddler -Jones stated, Kimberly Norwood properties, LLC is
requesting the rezoning of 990 Dell Avenue from Future Commercial (FC) to
RAD -Conditional for the development of two new single-family homes at a density of
4.48 units per acre. The existing home on the property and two new homes will front on
Dell Avenue. The submitted elevations reflect a more traditional style home with a
mixture of exterior facade materials and architectural elements. The design of both
homes will enhance the architectural standards of the general neighborhood.
This item was moved from the September 11, 2017, Planning and Zoning Board
Meeting that was canceled due to Hurricane hma. This zoning request was heard by
the Planning and Zoning Board at the October 9, 2017 meeting and was recommended
for approval by a vote of 6-0. Community Development recommends approval of the
request rezoning from FC to RAD -Conditional for the construction of two new
single-family residences at a density of 4.48 units per acre.
Mayor Bacon stated that this rezoning is located in Ward 3 and since there is no
position there he asked Councilmember Doug Stoner to bring this item forward.
Councilmember Stoner invited Senior Planner Rusty Martin back up to talk about the
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37. The detention facility shall not be located under the private streets. If required
volumes cannot be achieved within the proposed footprint, extending reinforced
concrete pipes under the streets may be considered at the City Engineers discretion.
A motion was made by Councilmember Derek Norton to approve zoning request
Z17-016 - Rezoning from R-15 to RMA 5 -Conditional for the development of 59
townhome units - 4.71 Acres - Land Lot 809 - 2708, 2720, 2732, 2742, 2754, 2766,
2776, 2788, 2800 and 2812 Bell Drive - The Woodbeny Group, LLC,; seconded by
Councilmember Doug Stoner.
The motion to approve carried by the following vote:
Aye: 5- Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson and Councilmember Stoner
Absent: 1 - Councilmember Fennel
C.
Public Hearing -Zoning Request Z17-018 -Rezoning from FC to
RAD -Conditional for the development of two single-family homes - 0.446
Acres - Land Lot 452 - 990 Dell Avenue - Kimberly Norwood Properties,
LLC.
Sponsors: Stoner
Mayor Bacon requested City Administrator Tammi Saddler Jones to provide the
background. Ms. Saddler -Jones stated, Kimberly Norwood properties, LLC is
requesting the rezoning of 990 Dell Avenue from Future Commercial (FC) to
RAD -Conditional for the development of two new single-family homes at a density of
4.48 units per acre. The existing home on the property and two new homes will front on
Dell Avenue. The submitted elevations reflect a more traditional style home with a
mixture of exterior facade materials and architectural elements. The design of both
homes will enhance the architectural standards of the general neighborhood.
This item was moved from the September 11, 2017, Planning and Zoning Board
Meeting that was canceled due to Hurricane hma. This zoning request was heard by
the Planning and Zoning Board at the October 9, 2017 meeting and was recommended
for approval by a vote of 6-0. Community Development recommends approval of the
request rezoning from FC to RAD -Conditional for the construction of two new
single-family residences at a density of 4.48 units per acre.
Mayor Bacon stated that this rezoning is located in Ward 3 and since there is no
position there he asked Councilmember Doug Stoner to bring this item forward.
Councilmember Stoner invited Senior Planner Rusty Martin back up to talk about the
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rezoning. Kimberly Norwood Properties, LLC is seeking rezoning for subject property
from future commercial to RAD -conditional for two (2) new single-family homes at a
density of 4.48 units per acre. The Planning and Zoning Board recommended approval
by a vote of 6-0.
The subject property is located on the southeast comer of Dell Avenue and Evelyn
Street. There is one existing home that will be demolished and two (2) new homes
built. The subject properties to the east and west are future commercial and to the
North is R-15. The future land use map has a medium density residential land use
classification since the proposed zoning is under six (6) units per acre. There will be
no change in that land use classification. The proposed site plan is presented and
how the homes will lay on the lot. They will both be oriented toward Dell Drive and they
will both have their own individual driveways and be front entry homes.
With this zoning there are specific setbacks with the front being 25 ft., interior side
being 7 ft., the street side being 10 ft. and the rear being 30 feet. The locations of the
proposed storm water detention facilities are shown each lot will have its own facility.
There will be a 5 f. right of way dedication to bring Dell Avenue up to the minimum city
standards of 50 feet. They are proposing a new sidewalk and connecting the sidewalk
to the existing sidewalk on Evelyn Street that connects to the Linear Park. The
proposed home elevations are presented along with a current site view.
Community Development recommended approval from future commercial to
RAD -conditional for two (2) single-family homes with a density of 4.48 units per acre
with the following conditions:
Mayor Bacon inquired if anyone had any questions for Rusty. No one had questions
Mayor Bacon had a question about the sidewalk on Dell. He wanted to know if the
sidewalk connects to another sidewalk. Rusty stated no, but it will start a connection
down to the Linear Park.
Mayor Bacon said he had failded to announce the public hearing, so he announced the
public hearing for any public comment, no one came forward. He asked the applicant
if they wanted to say anything.
Mayor Bacon called on the applicant. Sean Murphy came to the podium and explained
that he represented the applicant. He said that he and Rick had been before the
council before. They are planning to convert another rental unit.
Mayor Bacon commented that if anyone had not had the opportunity to drive down Dell
Avenue or McClendon they should go. The community is being transformed and is
really looking great. They have some of the older houses that are rental property and
are building nice homes. He thanked Sean Murphy and Rick with Kimberly Norwood
for what they were doing.
Councilmember Susan Wilkinson questioned where the sidewalk was located on
Evelyn. Sean Murphy answered that there is property they don't own. They had just
finished on McClendon they do not own a piece but they will put a sidewalk in front of
the property they are requesting the rezoning for on Dell Avenue and it will connect to
the Linear Park sidewalk.
Standard Conditions (Requirement #1, 2, 3, 4, 8, 9, 10 and 17 from Section 1201 of
the Zoning Code is not applicable.)
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1. The stormwater management facility shall be placed and screened appropriately to
be unobtrusive to homes inside and outside the development. The storm water
detention plan shall be designed to create at least a 10% reduction in a 2 -year to
100 -year storm event. The City Engineer shall approve all plans.
2. All utilities within the development shall be underground.
3. The developershall be responsible for any traffic improvements (including
additional right-of-way dedications) deemed necessary by either the City or the County
during construction plan review. Sidewalks shall be provided by the developer inside
the subdivision and outside the subdivision adjacent to any public right-of-way
consistent with City's requirements for the extent of the development. A grass buffer
with a minimum width of 2' shall be provided between the back of curb and sidewalk.
4. No debris may be buried on any lot or common area.
5. The developer will comply with the City's current tree ordinance (unless noted
elsewhere). All required tree protection measures shall be adhered to by the developer
during construction.
6. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
7. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
8. All single-family and/or duplex residential lots shall provide the following at the time
of certificate of occupancy: either four 3" caliper trees or three 4" caliper trees. The
following species of trees may be used., Nuttall Oak, Swamp Chestnut Oak, Agee
Elm, and Village Green Zelkova. Other species may be used if approved by the City.
Special Conditions:
9. The development shall maintain the following setbacks:
Front - 25'
Side - 7'
Street Side - 10'
Rear - 30'
10. Driveway - 22' minimum length from building face to back of sidewalk.
11. The right-of-ways along both Dell Avenue shall be increased to 50 feet. Therefore,
a dedication of approximately 5' feet is required along Dell Avenue.
12. The developer shall provide a 5' sidewalk with a 2' grass buffer along Dell Avenue
for the length of the development and connect the sidewalk to the existing sidewalk in
the Evelyn Street right-of-way.
13. Agnew water and sewer taps shall be bored.
14. The composition of the homes in a residential subdivision shall include a mixture
of elements including; but not limited to: brick, stone, shake, hardy plank and stucco.
No elevation shall be comprised of 1000/6 hardy plank siding.
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15. Approval of the subject property for the Residential Attached Detached (RAD)
zoning district shall be conditioned upon the development of the property in substantial
compliance with the submitted site plan dated 8/14/2017 created by Sean J. Murphy.
16. The architectural style, composition and treatment of the residences shall be in
substantial conformity to the renderings/elevations submitted on 81142017. However,
should minor modifications be required during the Plan Review process, said
modifications shall be subject to the review and approval of the Director of Community
Development.
A motion was made by Councilmember Doug Stoner to approve zoning request
Z17-018 - Rezoning from FC to RAD -Conditional for the development of two
single-family homes - 0.446 Acres - Land Lot 452 - 990 Dell Avenue - Kimberly
Norwood Properties, LLC.with conditions; seconded by Charles (Corkey) Welch.
The motion to approve carried by the following vote:
Aye: 5- Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson and Councilmember Stoner
Absent: 1 - Councilmember Fennel
Privilege Licenses:
Public Hearing - Privilege License Request LIC2017-21 - Cigar Specialty
License - Beer, Wine, and Liquor Pouring - 2997 Cumberland Boulevard
STE 210 -- Ujamaa Collective LLC dba Maduros Cigar Shop with
Samuel Franklin Patterson II as the agent.
Soonsors: Norton
Mayor Bacon called on City Administrator Tammi Saddler Jones to provide the
background. Samuel Franklin Patterson 11 will be the registered agent, responsible for
the sale of alcohol at the referenced location. Samuel Franklin Patterson II has been
given a copy of the Alcoholic Beverage Ordinance and has attended the mandatory
alcohol awareness workshop. Mr. Patterson has agreed to abide by the guidelines set
forth by the ordinance governing the sale of alcohol. A background investigation was
conducted by the Smyrna Police Department and it failed to reveal any information that
would preclude issuance of this license. Staff recommended approval.
The Mayor announced the Public Hearing and called for public input on this Privilege
License and there was none.
The Mayor requested Councilmember Derek Norton conduct the license hearing. City
Attorney Scott Cochran swore in the applicant. Mr. Norton thanked Mr. Patterson for
doing business in Smyrna. He confirmed that the applicant attended the mandatory
class and satisfied all the requirements to serve alcohol in Smyrna. Mr. Patterson
stated that he had. He stated he is also aware that the Smyrna Police department
frequently checked businesses to ensure compliance. The applicant stated that he
looked forward to it. Mr. Norton stated the City is glad that they are doing business in
Smyrna and happy that all the details have been worked out. The City has looked
forward to having them here for a long time.
A motion was made by Councilmember Derek Norton to approve privilege license
request LIC2017-21 - Cigar Specialty License - Beer, Wine, and Liquor Pouring - 2997
Cumberland Boulevard STE 210 -- Ujamaa Collective LLC dba Maduros Cigar Shop
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with Samuel Franklin Patterson it as the agent; seconded by Councilmember Doug
Stoner.
The motion to approve carried by the following vote:
Aye: 5 - Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson and Councilmember Stoner
Absent: 1 - Councilmember Fennel
B. Public Hearing - Privilege License Request LIC2017-22 - Beer Pouring -
2995 Atlanta Road STE A-160 - Wiilly's Mexican Grill Inc dba Wiilly's
Mexicana Grill with Terry Green as agent.
Sponsors: Stoner
The Mayor called on the City Administrator Tammi Saddler Jones to provide the
background for this request. Ms. Saddler -Jones stated that Terry Green will be the
registered agent, responsible for the sale of alcohol at the referenced location. Terry
Green has been given a copy of the Alcoholic Beverage Ordinance and attended the
mandatory alcohol awareness workshop. Mr. Green has agreed to abide by the
guidelines set forth by the City of Smyrna ordinance governing the sale of alcohol. A
background investigation conducted by the Smyrna Police Department failed to reveal
information that would preclude issuance of this license. Staff recommends approval.
Mayor Max Bacon announced the Public hearing and asked for public comment there
Formal Business:
A. Public Hearing: Approve the Amendment to the City of Smyrna's Code
of Ordinances, Chapter 98 entitled Traffic and Vehicles, to include
Section 98-10 Prohibiting the use of handheld Mobile Telephones or
Portable Electronic Devices while operating a Motor Vehicle
Sponsors: Norton
Mayor Bacon asked Councilmember Derek Norton to provide the background on the
ordinance he authored.
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was no public opposition or comment to this license request.
Councilmember Doug Stoner called the applicant forward and Mr. Green was swom in
by Mr. Cochran. Mr. Stoner welcomed Wlly's Grill to the City. Mr. Stoner confirmed
that Mr. Green had attended the mandatory classes and understands Smyrna's
regulations. The applicant stated that he had. Mr. Stoner also reiterated that the
Smyrna Police Department often checked to make sure that businesses are in
compliance with the City's alcohol ordinance. The applicant stated that he understood
that fact. The applicant had no questions.
A motion was made by Councilmember Doug Stoner to approve for privilege license
request LIC2017-22 - Beer Pouring - 2995 Atlanta Road STE A-160 - Willy's Mexican
Grill Inc dba Wiilly's Mexicana Grill with Terry Green as agent.; seconded by
Councilmember Doug Stoner.
The motion to approve carried by the following vote:
Aye: 5- Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson and Councilmember Stoner
Absent: 1 - Councilmember Fennel
Formal Business:
A. Public Hearing: Approve the Amendment to the City of Smyrna's Code
of Ordinances, Chapter 98 entitled Traffic and Vehicles, to include
Section 98-10 Prohibiting the use of handheld Mobile Telephones or
Portable Electronic Devices while operating a Motor Vehicle
Sponsors: Norton
Mayor Bacon asked Councilmember Derek Norton to provide the background on the
ordinance he authored.
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Councilmember Derek Norton thanked the Mayor. He brought the ordinance forward,
due to increasing concern about distracted driving. He read the preamble of the
ordinance and spoke of discussions he had been part of over the last few weeks.
Councilmember Norton stated, the distracted driving fatality rate in Georgia has
outpaced the national average. He added as he observed drivers around the city, he
was alarmed at the number of people who are looking at theirphones while driving. He
wants to save lives through this ordinance. No person will be allowed to hold a cell
phone while driving a vehicle.
The testimony of the injured victims, affected families, advocacy groups and law
enforcement was gut retching and brought to light how serious the problem has
become. The current texting and driving law is hard for law enforcement to enforce.
Smyrna Police Chief David Lee has affirmed that the Hands Free Law would make it
easier for law enforcement to enforce the law. The ordinance seeks to change drivers
behavior in Smyrna. It requires all cellphone talk be hands free. Since the introduction
of the Hands Free Ordinance, they have made certain changes to address citizens
concerns. They added the ability to answer a call or initiate GPS by touching the
phone while it is resting but not in hand. The planned effective date of the ordinance is
January 1, 2018. The Smyrna Police Department will issue warnings in the first 60
days. The fine will be set at $150.00. An educational video will be created to help driver
awareness. The language in the ordinance expires in 2 years to allow reevaluation of
the law for changes in behavior and increasing technology changes. Councilmember
Norton strongly stated there is no motivation to raise revenue by adopting this
ordinance. He stated that his desire was to change behavior and try to keep the City of
Smyrna safe.
Mayor Bacon announced the Public Hearing and asked for public comment from
anyone who wanted to speak regarding the subject, City Attorney Scott Cochran
administered the oath and swore in eight (8) people.
Councilmember Derek Norton added that he would like to invite Kathy, Halley and
Craig Clark to speak.
The family approached the podium. Greg Clark spoke for the family. He grew up in
Smyrna and graduated from Campbell High school in 1983 with Councilmember Doug
Stoner. They lost their daughter Emily Clark two (2) years ago.
They were rive Georgia Southern nursing students on 1-16 heading to their last day of
clinical rotations. While at a full stop waiting for an earlier accident to clear, a
tractor -trailer hit them from the rear at 5:40 AM. The driver never swerved or stopped.
All rive lost their lives. Mr. Carter stated that it takes a minute for your life to change,
if this law saves one (1) life it is working. He is proud of the City of Smyrna to pass
this law. With the holidays around the comer, the loss becomes clearer. It is even
more real when you look at the empty chair at the table and no one is there. Kathy
Clark thanked the City of Smyrna for the Hands Free Ordinance.
Mayor Bacon asked the family why they thought the state had not voted on a law like
this one statewide. Mrs. Carter answered, that she thinks it is hard for people to see
the need to have a hands free law; it is difficult for people to think that tragedy could
happen to their families, until its happened. Mayor Bacon thanked them for their
comments.
Mandy Sorohan approached the podium and introduced herself. Ms. Sorohan resides
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in Rutledge, Georgia. She came to speak about the loss of her loved one, her son
Caleb, she held a picture of Caleb up for the council to see. In 2009, Caleb had a very
big year, he graduated high school, started college, turned eighteen and he died that
year. He was home from college for winter break; he had just finished his first
semester. He was going Christmas shopping with a friend on December 16th. He and
his friend were texting back and forth about where they were going to meet. As Caleb
was looking down at his phone, he swerved into the other lane and hit another car head
on. Ms. Sorohan held up a picture of the accident and then a picture of Caleb's car.
Caleb died instantly.
In 2010, her daughter and her fiends lobbied for the no texting and driving law. They
were happy that the law passed. The state named the law, "Caleb's Law". The reason
they wanted this law was to educate people about distracted driving it was not about
revenue they just did not want another family to go through what their family had gone
through. Ms. Sorohan stated, that important phone call or text that you feel is
necessary to answer can cost someone his or her life. When you lose someone
through a distracted driving accident, you realize that those important calls or texts are
not so important. She thinks it is past time for more laws in Georgia.
Jenny Hardy from Johns Creek Georgia, is a member of the AAA Board of Directors
and the Community Relations Director of the, 1 ride safe program which is supported by
the Law Firm of David Montlick and Associates. She is passionate and committed to
highway safety. Her family was involved in a violent car crash. A logging truck blew
through an intersection and hit the tail end of an SUV. The SUV lost control and
shaved off the left side of their van and they ended up in a deep ravine. The log truck
driver ran from the scene of the accident, they never knew who hit them and would
never rind out. Their youngest daughter Madison survived. She was 5 years old at the
time and was still in a booster seat. She endured multiple surgeries to put herself
back together. Ms. Hardy found the law to be weak in Georgia and fought to get a
booster seat law to pass. When they finally passed the law they called it the "Madison
Law" which is to require a child to be in car seat or booster seat until the age of eight
(8). Every day, she gets an email from the Governors office of highway safety in
Georgia. When she got the report that morning there were 1348 fatalities in Georgia.
Some people may say these are statistics. Each fatality is someone's life. She
supports the efforts to save lives.
Mayor Bacon inquired of Ms. Hardy why she thought the state was not looking at a law
for Hands Free driving. Ms. Hardy stated, the state has put together a study
committee. She has been president of each one of the study committee meetings,
she is hopeful they will draft a bill that will go forward in January 2018.
In the House and at the Capitol they have to wait forthe right temperature to know the
atmosphere of the Capitol to make sure it will have enough votes to pass. They want to
start out with a strong bill and a law to insure they do not walk away with less than they
started with.
Kyle Kirkland came forward; he has been a resident of Smyrna for about 10 years. He
explained that on October 16, 2016 a distracted driver who ran a red light killed his
sister on Highway 41, Mr. Kirkland is in favor of a law such as the Hands Free
ordinance the city is looking to pass; his concern is the enforcement of the law. He
felt that stopping distracted driving is what needs to happen, but his frustration is the
person who killed his sister and faced no charges. He ran a red light and he admitted
to it. He hired the right attorney who got him out from under it, now his sister is dead
and the driver that hit her is out there living his life. She was his last living relative. He
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wants to make sure the elected bodies are willing to enforce the laws and hold those
that break the law accountable. He offered his condolences to everyone that has lost a
loved one.
Councilmember Derek Norton stated before he brought this ordinance forward he had
a discussion with Chief Lee where he explained the issues of the current no texting law
and how difficult it was to enforce. He continued to explain that the Hands Free
ordinance contains strict language to be enforced. If someone is holding a cell phone
or devise in their hand they will be fined. Chief Lee felt that with this new ordinance, it
would make it easier to enforce. Councilmember Norton committed to everyone, the
ordinance will be enforced by the Smyrna Police Department
Anne Turner is a resident of the City of Austell. She is a motorcyclist They are a
vulnerable section of the road users. People in cages frequently force them off the
road. Drivers' do not see them and they do not have any rights. They do not represent
a threat to anyone in cages neither does a bicyclist, however the bicyclists have more
rights than those riding motorcycles. She feels like the person before her, that this is
a feet good moment for those trying to get the law passed. She wanted to know how
they will enforce the law, if police officers are on his or herphones. What happened to
drivers' education? She liked the idea and wants something done and a penalty that
needed to be strong enough to hit where it hurts, their pocket book.
Bill Strickland, Lexington Trace, Smyrna, said he has lived in Smyrna for 18 years. He
was thrilled when he heard about the ordinance. He stated everyone is guilty of driving
while texting, ringers on the phone. He admitted he is guilty of being on his phone.
While on 1-75 sitting in a long line of traffic, he was stopped by a State Trooper for
being on his phone. The State Trooper would not have seen him if he had not been
stopped.
We had a major accident on spring road and wondered if distracted driving was the
cause. He is worried about people running a red light. He thinks drivers need to use
Bluetooth devices for calling by voice and use GPS by voice it will tell tum by tum. He
questioned why people could not pull over on the side of the road to use the phone.
The state is not doing anything because they are afraid to make someone unhappy.
He is proud the City Council for bringing this ordinance up for a vote.
Councilmember Andrea Blustein inquired about the effective date of the ordinance for
January 2018. Mayor Bacon explained that the Council had discussed during the
pre -meeting that he would prefer all council members be present to vote for the wards
they represent. There is a run-off election for the wand 3 representative on December
5, 2017. Mayor Bacon stated the council could vote on the ordinance as early as
December 18, 2017 or it would be after January 1, 2018.
Councilmember Andrea Blustein stated, you can change laws all day long but if you
don't work at changing behavior you haven't changed anything.
Councilmember Derek Norton commented on Councilmember Blustein's point that we
do need to start the education of how dangerous distracted driving is. He thanked the
guests for attending the council meeting.
A public hearing was held for Ordinance 2017-15 prohibiting the use of handheld mobile
telephones or portable electronic devices while operating a motor vehicle. During the
public hearing there were several people in attendance who spoke in favor of this
ordinance and those that spoke against the passing of this ordinance. After the public
hearing closed, Mayor Bacon announced the City of Smyrna would be the first city in
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City Council Meeting Minutes - Final November 20, 2017
the state of Georgia to hear and vote on an ordinance of this kind. He would prefer to
not vote on this ordinance until all Council Members were present. He felt all Wards
should be represented for an ordinance that was of this importance for so many people.
There would be a second public hearing prior to voting on the ordinance.
B. Approve Final FY 2017 Budget Amendment
sponsors: Norton
The Mayor called on City Administrator Tammi Saddler -Jones to give the background
on the budget amendment. She stated that an annual audit of the City's financial
statements is required at the conclusion of the calendar year. In order to close out the
year and finalize the financial statements, final adjustments to the budget need to be
made to account for various transactions. In addition, 2011 and 2016 SPLOST
budgets need to be amended to reflect the most current information. Staff
recommends approval of the budget amendment.
Councilmember Norton recognized the City's Financial Director, Kristin Robinson to
discuss the amendment. This is a normal procedure at the end of every audit to
reconcile accounts to the financial statements. These adjustments are less than they
have been in the past.
Mr. Norton reiterated that this amount is less than in previous years and he
commended the staff on their hard work.
A motion was made by Derek Noron to approve the FY2017 Budget Amendment;
seconded by Councilmember Charles (Corkey) Welch.
The motion to approve carried by the following vote:
Aye: 5 - Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson and Councilmember Stoner
Absent: 1 - Councilmember Fennel
C. Approval of a General Services Contract between the City of Smyrna and
Croy Engineering for professional services for project management.
Sponsors: Welch
The Mayor asked Ms. Saddler -Jones for the background for the contract. The Finance
and Administration Committee discussed the need for a General Services Contract
with Croy Engineering. The City currently has a contract with Croy Engineering for
SPLOST program management, but there is not a contract in place for the other
services that Croy provides to the City. This contract is considered a Professional
Services Contract and therefore, is exempt from State purchasing regulations. The
proposed contract was reviewed during the November 14, 2017 Finance and
Administration Committee meeting and it was recommended by this committee that
the contract come before the full Council forapproval. The Finance and
Administration Committee as well as Staff recommended approval of the contract.
Councilmember Charles (Corkey) Welch stated that the City worked with Croy
Engineering on the SPLOST projects and the company does an exemplaryjob for the
City.
! A motion was made by Councilmember Charles (Corkey) Welch to approve a General
Services Contract between the City of Smyrna and Croy Engineering for professional
services for project management; seconded by Councilmember Derek Norton.
The motion to approve carred by the following vote:
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21
Aye: 5 - Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson and Councilmember Stoner
Absent: 1 - Councilmember Fennel
Authorize the acquisition of real property, by all lawful means, for
improvements to Windy Hill Road. This authorization includes adopting a
Resolution and Declaration of Taking for each parcel.
Sponsors: Norton
Mayor Bacon asked the City Administrator to give the background for this item. Ms.
Saddler- Jones continued with this authorization is for the acquisition of real property,
by all lawful means, for improvements to Windy Hill Road. This authorization includes
adopting a Resolution and Declaration of Taking, if necessary, for parcels that are not
purchased through negotiated sale. The property is situated adjacent to the existing
right of way and within an area stretching from its intersection with Atlanta Road to its
intersection with South Cobb Drive and are identified as follows: 865 Cherokee Trail;
861 Cherokee Trail; 743 Windy Hill; 997 Windy Hill; and 925 Windy Hill Road. Staff
recommends approval.
Councilmember Norton asked if then: were any questions or comments about the
authorization and there were none.
A motion was made by Councilmember Derek Norton 2017-45 to authorize the
acquisition of real property, by all lawful means, for improvements to Windy Hill Road.
This authorization includes adopting a Resolution and Declaration of Taking for each
parcel; seconded by Councilmember Doug Stoner.
The motion to approve carried by the following vote.
Aye: 4 - Councilmember Norton, Councilmember Blustein, Councilmember Welch
and Councilmember Stoner
Nay: 1 - Councilmember Wilkinson
Absent: 1 - Councilmember Fennel
Commercial Building Permits:
There were no Commercial Building Permits
Consent Agenda:
City Administrator Tammi Saddler -Jones read the Consent Agenda aloud for Council
approval.
Mayor Bacon announced that item 8 E would be removed from the consent agenda and
voted on separately.
A motion was made by Councilmember Susan Wilkinson to approve items A, B, C, D,
F, G and H as read aloud by City Administrator Tammi Saddler Jones for vote on the
consent agenda; seconded by Councilmember Andrea Blustein. ' y
The motion to approve the named items carried by the following vote: B1LJNI�
Aye: 5 - Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson and Councilmember Stoner
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City Council Meeting Minutes - Final November 20, 2017
Absent: 1 - Councilmember Fennel
A. Approval of the November 6, 2017 Mayor and Council Meeting Minutes
Sponsors: City Council
B. Approval of the November 6, 2017 Pre -Council Meeting Minutes
Sponsors: City Council
C. Approval of the November 2, 2017 Committee of the Whole Meeting
Minutes
Sponsors: City Council
D. Approval for Worker's Compensation coverage for Smyrna Police
Reserve Officers
Sponsors: Norton
F. Approval of the installation of No Parking signs along Corn Road as
determined by the City Engineer.
Sponsors: Blustein
G. Appointment of Scott Andrews as an Alternate Member for the License
and Variance Board
Sponsors: Fennel
H. Authorize Atkins Park Tavern to operate a beer/wine/specialty two -item
cocktail station, beyond the boundaries of the premises (of Atkins Park
Tavern) covered by the license, at the Smyrna Ugly Christmas Sweater
Block Party & Movie Night event in the downtown area Saturday,
December 9, 2017 (5:30 p.m. until 9:00 p.m.) at an assigned vendor
space within the approved event. The exact location of the cocktail/drink
station is to be within the food service area for the event, from W Spring
Street to Village Green traffic circle, and from Village Walk/Bank Street to
King Street SE. Streets closed during the event will be King Street in front
of the Veteran's Memorial, from Bank Street to Village Green Circle in
front of Community Center.
Sponsors: Wilkinson
Consent agenda (E) removed from the consent agenda at the request of
Mayor Bacon
E. Award RFP 18-004 Demolition and Asbestos abatement of 575 Windy
' Hill Road to the lowest bidder Complete Demolition Services for
$47,000.00 and authorize the Mayor to execute any related documents.
Sponsors: Wilkinson
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City Council Meeting Minutes - Final November 20, 2017
Mayor Bacon requested this item be taken out of the consent agenda to be voted on
separately.
A motion was made by Councilmember Derek Norton to award RFP 18-004 for the
demolition and asbestos abatement of 575 Windy Hill Road to the slowest bidder -
Complete Demolition Services for $47,000.00 and authorize the Mayor to execute any
related documents; seconded by Councilmember Doug Stoner.
The motion to approve carried by the following vote:
Aye: 4 - Councilmember Norton, Councilmember Blustein, Councilmember Welch
and Councilmember Stoner
Nay: 1 - Councilmember Wilkinson
Absent: 1 - Councilmember Fennel
9. Committee Reports:
Ward 1- Councilmember Norton had no report.
Ward 2 - Councilmember Blustein wished everyone a Happy Thanksgiving.
Ward 4 - Councilmember Welch had no report.
Ward 5 - Councilmember Wilkinson reported from the Library that there is a Lego
Show on December 2 from 10:00 — 5:00 and December 3 from 1:00 - 5:00. This will illd
be a fundraiser for the library. Tickets will be sold at the door. The Annual Friends of
the Smyrna Library Holiday party will be December 9th from 6:30 — 8:30 at the library.
There will be refreshments, entertainment from the Pebblebrook High School
orchestra and holiday merchandise for sale. She also reported that the Annual Tree
Lighting, "Coming Home for the Holidays" event will be November 28th from 5:00 —
9:00. December 4th, there will be a ribbon cutting for Rose Garden Park, time to be
announced. December 9th from 5:30 to 9:00pm, there will be a Smyrna Ugly
Christmas Sweater Block Party & Movie Night event in the downtown area. The movie
will be shown on the lawn at the Village Green. December 15th will be Christmas at
Brawner Hall which will include a coat drive and a movie will be shown. December
16th at the Community Center, them will be "Brunch with the Big Guy." Ms. Wilkinson
encouraged all citizens to check the website for more details.
Ward 6 - Councilmember Stoner had no report.
City Clerk Terri Graham reminded citizens that there will be a run-off for the special
election on December 5, 2017. Advanced voting begins November 27 through
December 1,2017. Voting will be held at the Cobb Elections Board main office on
Whitlock Avenue and at the Community Center. This will be to fill the vacant Ward 3
seat on the City Council. There will be no voting on Monday, December 4th, and
Election Day is December 5th from 7:00 am to 7:00 pm.
10. Show Cause Hearings: F
There were no Show Cause Hearings
71. Citizen Input:
City of Smyrna Page 18 Printed on 1ZWO17
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City Council Meeting Minutes - Final November 20, 2017
12. Adjournment:
City of Smyrna
Mayor Max Bacon stated there were several people signed up for Citizen Input.
Alex Backry of Shawnee Trail discussed his request in previous meetings to have a
town hall meeting on the Windy Hill issues. This is a $42 million dollar project and
there have been no meetings to inform citizens of the issues involved. He believes
the money could be used better in the City and the citizens should have inputs on this.
He called again for a town hall meeting so people can ask questions on this and other
issues. Mr. Backry also stated in his opinion the police do not do not do enough to
make drivers tum their headlights on when it is raining. It is a state law to have them
on and he would like to see this law enforced. He asked that the Mayor encourage
them to enforce this.
Monica Delancy of Riverside Parkway, is concemed about the number of evictions in
Cobb County. She stated that many low income citizens are paying more than 30% of
their income on rent. Ms. Delancy explained the problems and the processes of
eviction. She requested that forced evictions be halted during the holiday season and
that the City Council make this request to the Cobb County Board of Commissioners.
Betty Lou Johnson of Crestline Drive, expressed her concerns about rent control. She
does not understand how rent should have doubled. She speculated this is because
of the new stadium. She also was concerned about bushes by the roads that obstruct
the view of drivers and make it difficult to avoid accidents. She added that there
needs to be mon; available bus transportation to citizens in Smyrna. Lastly, she
stated that on Cumberland Parkway, there are not enough line markings in the
Cumberland Mall area to Windy Hill. There are not enough markings for tum lanes.
The Mayor informed her that many of her issues should be addressed to Cobb County
and the Council would be glad to let her know who to contact.
Mayor A. Max Bacon adjourned the meeting of the Mayor and Council at 9:02 PM
Page 19
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n
n
1 1 MAYOR AND COUNCIL MEETING
A. MAX BACON, MAYOR NORTON, WARD I
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ANDREA
BLUSTEIN, WARD 2
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CHARLES A.WELCH, WARD 4
DOUG S O ER, WARD 6
TE GRAHAM, RAH , CITYCLERK
VACANT
WARD 3
SUSAN WILKINSON, WILKINSON, WARD 5
ABSENT
RON FENNEL, WARD 7
OFFIc1AL .
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