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11-05-2001 Regular MeetingNovember 5, 2001 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present was City Clerk Kellie Barber, City Attorney Scott Cochran, Fire Chief Larry Williams, Human Resources Director Chris Corey, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of,the press. Invocation was given by Chief Larry Williams, followed by the pledge to the flag. Mayor Bacon introduced Ms. Carson Cash, daughter of Mr. and Mrs. Holly Cash, who presented Chief Williams with a donation of two hundred and twenty dollars for the Red Cross and the New York Fore Department. Chief Williams thanked Ms. Cash and the citizens of Smyrna who donated over one hundred and ten thousand dollars in the "Boot Drive" conducted by the Smyrna Fire Department. Mayor Bacon introduced Mr. Cecil Staton, candidate for election in District 11. Mayor Max Bacon introduced School Board Representative Curt Johnston and students from King Springs Elementary to recite the 2001 Character Education Program. Principal Betty Jackson and Counselor Mr. Chris Force introduced students Josephine Shich, Priya Patel, Melissa Cestro, Kody Wood, Lauren Gillies, Steven Fulton and Amy Whitaker who recited the November theme words of the month. Councilwoman Pritchett introduced Ms. Jennifer Bennett Community Relations Director and Ms. Vickie Booth the Study Circle Facilitator. Councilwoman Pritchett recognized members of the Study Circle Group who participated in a recent block party held in Ward 1. Plaques were presented to the participants and sponsors whose hard work made the block party a success. CITIZENS INPUT: Mayor Bacon recognized Howard "Red" Martin of 3435 Lee Street who expressed his concern with several incidents involving motorists running through his yard and requested that Mayor and Council do something to prevent motorist from speeding on Lee Street. Mayor Bacon introduced Mr. Don Bass of 149 Deerwood Circle who stated that he wanted to publicly commend the council members who supported Mr. Howard Smith. Mayor Bacon introduced State Representative Ginger Collins. Ms. Collins stated that the City of Smyrna did not take proper action on the Homestead Tax Exemption Bill so the citizens of Smyrna will not be able to receive this tax relief. Councilman Hawkins stated that Ms. Collins has been before the Mayor and Council on several occasions since May 2001 and never mentioned that the City needed to set a special election to vote on this bill. Councilman Hawkins stated that Mayor and Council were under the impression that this tax exemption would be on the general election held in November 2002. Councilwoman Pritchett stated that she would research and report to the Mayor and Council on exactly what happened regarding this bill. Mayor Bacon introduced Mr. Howard Smith of 2207 Austin Lake Drive who stated that the City of Smyrna has the highest mileage rate in Cobb County. Mayor Bacon introduced Mr. Charlie Levinson of 2451 North Mathews Street who stated that the City of Smyrna must pass the Homestead Exemption Bill as soon as possible or the gap between Cobb County taxes and Smyrna taxes will widen. Mayor Bacon introduced Mr. Andrew Cole of 612 Kennesaw Drive. Mr. Cole had several corrections to misquotes that were made by the Marietta Daily Journal in reference to a notebook of pictures from Green Acres neighborhood that Mr. Cole organized to raise the Mayor and Council's awareness of potential violations of City Ordinances. Mayor Bacon introduced Mr. Tom Ramsey of 4671 Derby Lane. Mr. Ramsey stated that he is embarrassed by the comments of his State Representative, Ginger Collins. Mayor Bacon introduced Mr. David Wilkerson of Springleaf Circle. Mr. Wilkerson stated that he believed Mayor and Council would do what is right for the city taxes and wanted to commend Mayor and Council for their efforts. November 5, 2001 PUBLIC HEARINGS: (A) Rezoning Request-2.61 acres —Land Lots 333 and 334—North Cooper Lake Road and West Cooper Lake Road —From Cobb County R-20 to R-15 (PW) Mr. Corey stated that Mr. Joe Romano is proposing to rezone 2.61 acres of land in Land Lots 333 and 334 from Cobb County R-20 (Single Family Residential) to R-15 (Single Family Residential). The parcel is located on the northwest corner of North Cooper Lake Road and West Cooper Lake Drive. Mayor Bacon stated that this is a public hearing and asked for public comment. The City Attorney administered the oath to those wishing to speak. Councilman Wood introduced Mr. Garvis Sams who stated that the six homes would range in size from 2,600 square feet to 3,400 square feet and the price range will be from $300,000 to $350,000. Councilman Wood read the following stipulations imposed with the rezoning request: 1. The development shall provide for a maximum of six lots with home sizes ranging between 2,600 and 3,400 square feet. The homes on Lots 1-3 shall be oriented toward North Cooper Lake Road while home on Lot 4 shall be oriented toward West Cooper Lake Drive. The homes on Lots 5 and 6 shall be oriented toward the private drive. All other requirements of the R-15 zoning category shall be adhered to by the applicant. 2. The elevations for each home shall conform to the elevations provided by the applicant with the application package (see attached). 3. New homes fronting streets outside development shall be four sided brick, stucco, stone or architectural shakes. 4. The proposed private street shall be constructed to the City's standards. All plans for the street shall be reviewed and approved by the City Engineer. 5. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development. 6. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. 7. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 8. All utilities within the development shall be underground. 9. The developer will comply with the City's current tree ordinance and plans shall be submitted to the city arborist for review and comment before construction. 10. The protective covenants will require all non-resident property owners to keep the Homeowners Association advised of the current address and phone numbers where they can be reached. 11. There shall be a landscaped front entrance, with monument, indicating the name of the development. 12. No debris may be buried on any lot or common area. 13. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. 14. All yards and common areas to be sodded, and landscaped. Irrigate as appropriate. 15. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. The submission of the landscape plan during the plan review process will include an agreement that there will be no mass grading or clear cutting of the sight as stated in Mr. Sams letter dated September 15, 2001. 16. Each lot shall have the following trees replanted per lot either: four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nutall Oak, Swamp Chesnut Oak, Allee Elm and Village Green Zelkova. Other species may be used if approved by the City. In the event that a 12" caliper or larger hardwood tree is saved on a given lot, .the replanting requirements for that given lot may be waived. 17. Developer shall provide a minimum of 20' undisturbed buffer along the frontages of streets outside the development. 18. If for any reason, development and use of property approved in accordance with the procedure outlined above cannot be accomplished, such plans shall not be altered, changed or varied except after approval by the Mayor and Council. November 5, 2001 Councilman Wood asked Mr. Sams if he agreed to the above stipulations, and Mr. Sams stated yes. Councilman Wood made a motion to approve the rezoning of 2.61 acres on Land Lots 333 and 334 at North Cooper Lake Road and West Cooper Lake Road from Cobb County R-20 to R-15. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Annexation of Property-2.61 Acres —Land Lots 333 and 334—North Cooper Lake Road and West Cooper Lake Road, 17th District, 2nd Section, Cobb County, Georgia Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood made a motion to approve the annexation of 2.61 acres on Land Lots 333 and 334 at North Cooper Lake Road and West Cooper Lake Road. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Variance Request —BP Service Station Corner of Atlanta Road and Concord Road —Request to use BP Corporate color "BP Green" Mr. Corey stated that the subject property contains a new BP service station/convenience store at the southwest corner of Atlanta Road and Concord Road and is zoned General Commercial and because of its location at the intersection of both Atlanta and Concord Roads, the subject parcel is located within the Atlanta Road and Concord Road overlay districts. Mr. Corey stated that the applicant has requested a variance to utilize the BP corporate color, `BP Green" in place of a color more consistent with the code required muted earth tone colors. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Hawkins introduced Mr. Garvis Sams who represents the BP Corporation and stated that BP is requesting the use of `BP Green" because anything else would be a deviation from the industry standard. Councilman Hawkins stated that the "BP Green" is very similar to the City of Smyrna street signs and signature green. Councilman Lnenicka stated that Mayor and Council were assured during past meetings that the service station would meet all of the overlay district requirements and it was understood that hunter green would be a color option. Councilman Lnenicka stated that he would like to see a color closer to the hunter green that was agreed upon and less to the standard "BP Green" which is not a muted earth tone as required for the Overlay District. Councilman Hawkins made a motion to approve the variance for the BP Station at the corner of Atlanta Road and Concord Road to utilize the BP corporate color, `BP Green". Councilman Scoggins seconded the motion. Motion was approved 5-2. Councilman Lnenicka and Councilman Newcomb opposed. (D) Variance Request —Wade Ford, Inc.-3860 South Cobb Drive —Refurbishing of the existing Wade Ford Fleet sign Mr. Corey stated that Wade Ford, Inc. is requesting two sign variances to permit the refurbishing of an existing pole sign. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood introduced Mr. Lamar Lester who stated that Wade Ford is requesting this variance because of the recent name change of Wade Ford Fleet to Wade Ford Business Preferred Network. Mr. Lester stated that the signage will be lower and 20% smaller. Councilman Wood made a motion to approve the variance request for Wade Ford, Inc. to refurbish the existing Wade Ford Fleet sign. Councilman Cramer seconded the motion. Motion was approved 7-0. November 5, 2001 4 (E) Variance Request —Wade Ford, Inc.3860 South Cobb Drive — Refurbishing of the existing sign with new sign Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood made a motion to approve the variance request for Wade Ford, Inc. to refurbish the existing Wade Ford sign with a new sign. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Rezoning Request—Cranbrook Development Corporation-3.63 Acres — Land Lot 379—Church Road —From R-15 to RAD Conditional Mr. Corey stated that Cranbrook Development Corporation is proposing to rezone a 3.63 acre tract of land in Land Lot 379 from R-15 (Single -Family Residential) and RAD Conditional. The parcel is located on the south side of Church Road near South Cobb Drive. Mayor Bacon stated that this is a public hearing and asked for public comment. The City Attorney administered the oath to those wishing to speak. Councilman Cramer introduced Ms. Shea Roberts who represents Cranbrook Development. Ms. Roberts stated that the development is requesting a RAD Conditional rezoning because of the awkward configuration of the property. Ms. Roberts stated that each unit will have six townhomes with the exception of one unit that will contain seven townhomes. The development of proposal would provide for the construction of 21 townhomes. The density for the overall site will be 5.78 units per acre. The development proposal includes a common circular drive providing access to each of the four townhouse buildings. Parking will be provided via individual driveways and garages. Councilman Cramer stated that this rezoning could prevent the potential use of this property as commercial property and lessen the likelihood of heavier traffic through this area. Councilman Cramer introduced Mr. Aaron Sikes of 1104 Huntington Trace. Mr. Sikes stated that he has a petition of 50% of the residence at Huntington Trace who are opposed to the Cranbrook Development because of the increase in traffic through this area. Mayor Bacon introduced Ms. Wendy Vicksburg of 530 Annabellum Drive. Ms. Vicksburg stated her concerns about the traffic increase and the possible overcrowding of the surrounding schools. Mayor Bacon introduced Ms. Betty Cartier of 4246 Antler Trail. Ms. Cartier stated that she owns a condominium at the corner of Huntington Trace and that the property does not appear large enough for the development. Councilman Cramer stated that there will be a 20' buffer on the back of the development. Mayor Bacon introduced Ms. Shirley Fields of 1048 Huntington Trace Drive. Ms. Fields stated that she would prefer new townhomes in this location rather than another commercial property. Councilman Cramer stated that he has been previously contacted by only two citizens regarding this rezoning and their concern was that a 10' buffer was not sufficient so a 20' buffer and a fence was agreed upon by the developer and Councilman Cramer for this property. Councilman Cramer read the following stipulations imposed with the rezoning request: 1. The development shall conform to the site plan presented to the City Council at its November 5, 2001 meeting with the exception of the maximum number of units which shall be limited to 21, the minimum unit size which shall be 1,600 square feet under air and the comments below. 2. Access to the development shall be limited to one driveway connection on Church Road (exact location to approved by the City Engineer). Deceleration lanes shall be constructed on Church Road as required by City Engineer. 3. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development of 10 or more homes. 4. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. November 5, 2001 5 5. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 6. All utilities within the development shall be underground. 7. The developer will comply with the City's current tree ordinance and plans shall be submitted to the city arborist for review and comment before construction. One tree shall be provided for each 30 linear feet of the internal street. These trees may be provided on either side of the internal street. 8. The protective covenants will require all non-resident property owners to keep the Homeowners Association advised of the current address and phone numbers where they can be reached. 9. There shall be landscaped front entrances, with monument, indicating the name of the development. 10. No debris may be buried on any lot or common area. 11. The developer will install decorative streetlights and paved street pavers within the development, subject to approval by the City Engineer. 12. All yard and common areas are to be sodded and landscaped. 13. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 14. All streets shall have a sidewalk on one side. 15. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 16. Developer shall install a 6' masonry wall, wrought iron fence (or aluminum), berm or a combination of both along the frontage of the development. 17. Developer shall provide a minimum of 20' buffer along the frontages of streets outside the development. 18. Two-sided brick or stone elevations shall be used on the side of each building. The front elevations shall be comprised of a combination of brick, stone, stucco, shakes and hardy plank. 19. A detailed entry plan for each entrance denoting all entry features shall be provided to staff prior to the Council Meeting. 20. The development of private streets shall conform to the City's standards for public right-of-ways. 21. A fence shall be provided along the rear of the development. 22. Cranbrook Development shall be principal entity of this property. 23. The homeowner covenants require no street parking. Councilman Cramer asked Ms. Roberts if she agreed to the above stipulations and Ms. Roberts stated yes. Councilman Cramer made a motion to approve the rezoning of 3.63 acres at Land Lot 379 for Cranbrook Development from R-15 to RAD Conditional. Councilman Hawkins seconded the motion. Motion was approved 7-0. (G) Land Use Change Request—Cranbrook Development-3.63 Acres —Land Lot 379—Southside of Church and South Cobb Drive —Community Activity Property to Medium Density Residential Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer made a motion to approve the land use change request of 3.63 acres on Land Lot 379 from Community Activity to Medium Density. Councilman Newcomb seconded the motion. Motion was approved 7-0. (H) Privileged License Request —BP Products North America, Inc. d/b/a BP #4712-3002 Atlanta Road —Retail Package License (Beer and Wine}— Agent/Owner Change (JH) Mr. Corey stated that Lawrence J. Owens, Jr. is requesting to be the registered agent for this establishment. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Hawkins introduced Mr. Lawrence Owens who stated that he is currently the license holder for the Amoco (BP) Station on South Cobb Drive and he is familiar with the City of Smyrna alcohol ordinances. November 5, 2001 6 Councilman Hawkins made a motion to approve the privileged license request of the BP Station at 3002 Atlanta Road with Lawrence J. Owens, Jr. as the registered agent. Councilman Scoggins seconded the motion. Motion was approved 7-0. (I) Privileged License Request —BP Products North America, Inc. d/b/a BP #4715-2535 Cobb Parkway —Retail Package License (Beer and Wine)— Agent/Owner Change Mr. Corey stated that Lawrence J. Owens, Jr. is requesting to be the registered agent for the BP #4715 located at 2535 Cobb Parkway, Smyrna, Georgia. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilwoman Pritchett made a motion to approve the privileged license request of the BP Station at 2535 Cobb Parkway with Lawrence J. Owens, Jr. as the registered agent. Councilman Cramer seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Appointment to Smyrna Housing Authority —Ward 2 Councilman Newcomb made a motion to appoint Robert Owens as the Ward 2 representative on the Smyrna Housing Authority. Councilman Lnenicka seconded the motion. Motion approved 7-0. (B) Approval of Telecommunications Franchise Agreement between AGL Networks, LLC and the City of Smyrna Mr. Corey stated that the agreement between the City of Smyrna and AGL Networks, LLC grants a three year, non-exclusive Franchise allowing the company to occupy and use the streets to construct and maintain a network to provide advanced telecommunications services and facilities based infrastructure. Councilman Hawkins made a motion to approve the Telecommunications Franchise Agreement between AGL Networks, LLC and the City of Smyrna. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Approval of Telecommunications Franchise Agreement between Time Warner Telecom of Georgia, L.P. and the City of Smyrna Mr. Corey stated that the agreement is between Time Warner Telecom of Georgia, L.P and the City of Smyrna and the agreement grants a three year, non-exclusive Franchise allowing the company to occupy and use the streets to construct and maintain a network to provide advanced telecommunications services. Councilman Hawkins made a motion to approve Telecommunications Franchise Agreement between Time Warner Telecom of Georgia, L.P. and the City of Smyrna. Councilman Wood seconded the motion. Motion was approved 7-0. (D) Approval of Transfer of Ownership and Control of Certain Telecommunications Equipment from American Communication Services of Atlanta, Inc. d/b/a E.Spire, to AGL Networks, LLC Mr. Corey stated that American Communications Services of Atlanta, Inc. has announced plans to transfer to AGL Networks the ownership and control of a portion of their fiber optic network system, consisting of at least three conduits/inner ducts, including manholes, hand holes and other appurtenances. Councilman Hawkins made a motion to approve the transfer of ownership and control of certain telecommunications equipment from American Communications Services of Atlanta, Inc. d/b/a E.Spire, to AGL Networks, LLC. Councilman Scoggins seconded the motion. Motion was approved 7-0. (E) Approval of Addendum to Recycling Service Contract Mr. Corey stated that the City and BFI desire to extend the curbside collection of Recyclable Materials contract for an additional one-year term with a renewal option which will be extended for a term beginning on Jan. 1, 2002 and ending Dec. 31, 2002. November 5, 2001 Councilman Scoggins stated that the contract will renew automatically for an additional term unless between Jan. 1, 2003 and Jan. 31, 2003, the Mayor and Council vote not to renew the contract. By extending the contract form Jan. 1, 2002 to Dec. 31, 2002, BFI has agreed to maintain the current rate of $2.43 per residence: Councilman Scoggins made a motion to approve the addendum to Recycling Service Contract. Councilman Hawkins seconded the motion. Motion was approved 7-0. (F) Authorize the Mayor to sign Change Order #2 for the Smyrna Market Village Mr. Corey stated that during the grading of Market Village, approximately 4,000 cubic yards of buried debris was discovered, and this debris is unsuitable to be under the future buildings and parking areas. Councilman Scoggins made a motion to approve authorization for the Mayor to sign Change Order #2 for the Smyrna Market Village. Councilman Wood seconded the motion. Motion was approved 7-0. (G) Appoint Parks and Recreation Commission Member for Ward 2 Councilman Newcomb made a motion to appoint Ms. Susan Wattecamps as the Ward 2 Parks and Recreation Commission Member. Councilman Cramer seconded the motion. Motion was approved 7-0. (H) Wireless E911 Resolution Councilman Hawkins made a motion to table the Wireless 911 Resolution for the November 19, 2001 Council Meeting. Councilman Newcomb seconded the motion. Motion to table was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid -Award —Interior Paint Station #4 Fire Department (WL) Councilman Lnenicka stated that station #4 is more than 10 years old and in need of re- painting. Councilman Lnenicka made a motion to award the bid to the lowest bidder. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of October 15, 2001 minutes (B) Approval to install speed humps on Concord Lane (C) Approval to extend No Parking Signs on Cherokee Trail to its end at Windy Hill (D) Approval for the City to Acquire by Negotiations or Condemnation a 20 ft. Sewer Easement and 40 ft. Temporary Construction Easement at 3050 South Atlanta Road —Public Works (E) Request to use Contract Unit Pricing —Public Works —Replace Existing 2" Water Main with 6" Dip Main and Fire Hydrant on Twin Oaks Circle (F) Approval to Request Bids —Public Works —Pavement Markings (G) Approval to Purchase Van via State Contract for Parks and Recreation (H) Authorization to Transfer $67,153.00 from Contingency Funds for Phase II Change Order —Chuck Camp Park * (I) Approval of November 1, 2001 Minutes. Councilman Cramer made a motion to suspend the rules for the purpose of adding an item to the consent agenda. Councilman Hawkins seconded the motion. Motion was approved 7-0. *Councilman Cramer made a motion to add the item 7-I to the Consent Agenda. Councilman Wood seconded the motion. Motion was approved 7-0. November 5, 2001 Councilman Cramer made a motion to approve the ("onsent Agenda. Councilman Wood seconded the motion. Motion was approved 7 -0. COMMITTEE REPORTS: Councilman Lnenicka stated that there is a fundraiser scheduled for the Veterans Memorial on Thursday, November 8, 2001. Councilman Lnenicka stated the importance of each elected official to maintain the respect of the public and that Mayor and Council have tried very hard to do that despite individual agreements over issues and policies. Councilman Lnenicka responded to a citizens earlier comments regarding the City's taxes in comparison to other surrounding cities. Councilman Lnenicka stated that the City of Smyrna has raised taxes due to the growth within the City and that the citizens were made aware of the potential tax increase in 1989 pending the new developments planned for the City. Councilman Lnenicka stated that since that time the mileage rate has been lowered back down to below the original amount before the City's growth. ADJOURNMENT With no further business, the meeting adjourned at 11:08 p.m. A. MAX BACON, MAYOR KELLIE BARBER, CITY CLERK P.RITCHETT,'WARD 1 RON NEWCOMB, WARD 2 r 4z�4_ BILL SCOGGINS, W D 3 JAMES M�HAWKINS, WARD 4 vo�x��� 9ACK CRAMER, WARD 5 62�__ CHARLES PETE WOOD, WARD 7 November 19, 2001 Council Meeting Item 7-F RESOLUTION Whereas: The Atlanta Regional Commission (ARC) provides funds to local governments to prepare special transportation/land use studies which are funded through the ARC's Livable Centers Initiative (LCI) Program, and Whereas: The Community Development Department has prepared an LCI grant application to fund a study for the portion of the City bounded by: Atlanta Road, South Cobb Drive, Windy Hill Road and Concord Road which will build upon the City's previous redevelopment studies, and Whereas: The Community Development Committee has recommended the City apply for this grant, and Therefore: The Mayor and City Council further authorizes the Community Development Director to hereby proceed with the submission of the grant application using $16,000 from the Community Development Department's budget as the City's required local match for the grant. Adopted this 19th day of November, 2001. A. Max Bacon, Mayor City of Smyrna s- ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number 2001-15 Land Lots (see attached) Island 6 - 87.2 acres WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the property be annexed into the City of Smyrna is an unincorporated island as shown on said Exhibit A attached hereto; and WHEREAS, the City of Smyrna held a public hearing on such application on November 19, 2001, after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed as shown on Exhibit A attached hereto. BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this 19' day of November, 2001. A. Max Bacon, Mayor Kellie Barber, City Clerk City of Smyrna . J'.� Scott A. Cochran, ' Attorney City of Smyrna Legal Description Island 6 All that certain property situated and being in Land Lots 333, 334, 335, and 336 of the 171h District and 2° Section of Cobb County, Georgia, and more particularly described as follows: BEGINNING at the intersection of the northern lot line of Land Lot 336 with the eastern right-of-way of North Cooper Lake Road, said point being the POINT OF BEGINNING; thence southerly along said right-of-way of North Cooper Lake Road a distance of 1710 feet more or less to a point; thence easterly a distance of 363.3 feet to a point on the eastern lot line of Land Lot 335; thence southerly along said lot line of Land Lot 335 a distance of 990 feet to a point at the common intersection of Land Lots 334, 335, 386, and 387; thence southerly along the eastern lot line of Land Lot 334 a distance of 1140 feet more or less to a point; thence southwesterly a distance of 203.3 feet to a point; thence westerly a distance of 369.6 feet to a point on the eastern right-of-way of North Cooper Lake Road; thence northerly along said right-of-way of North Cooper Lake Road a distance of 33 feet more or less to a point; thence westerly a distance of 448 feet to a point; thence westerly a distance of 330 feet to a point on the western lot line of Land Lot 334; thence northerly along said lot line of Land Lot 334 a distance of 800 feet to a point at the common intersection of land Lots 314, 315, 334, and 335; thence northerly along the western lot line of Land Lot 335 a distance of 1305.9 feet to a point at the common intersection of Land Lots 313, 314, 335, and 336; thence northerly along the western lot line of Land Lot 336 a distance of 140.8 feet to a point; thence northeasterly a distance of 784.5 feet to a point; thence northerly a distance of 1040.1 feet to a point on the southern lot line of Land Lot 336; thence easterly along said lot line of Land Lot 336 a distance of 250.8 feet to the POINT OF BEGINNING.