06-03-2002 Regular Meeting.June 3, 2002
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 were Interim City Administrator Chris Corey, City Clerk
Susan Hiott, Ann Kirk and Frank Adams from Keep Smyrna Beautiful, Finance Director Claudia
Edgar, City Attorney Scott Cochran and representatives of the press.
Invocation was given by Council Member Pete Wood, followed by the pledge to the flag.
CITIZENS INPUT/SPECIAL RECOGNITION:
Mr. Corey recognized Council Member Jim Hawkins for twenty-five years of service as an elected
official and Mayor Max Bacon for twenty-two years of service as an elected official and presented
each of them with a Service Award.
Mayor Bacon recognized Representative Rich Golick, who recognized Ms. Kirk and Mr. Adams,
and read a Resolution Congratulating and Commending Keep Smyrna Beautiful (KSB).
Representative Golick stated the Resolution, which recapitulates the accomplishments of KSB,
was approved unanimously by the State House. Mr. Adams expressed thanks to the citizens of
Smyrna for their contributions to KSB's successes. Ms. Kirk expressed her appreciation to the
KSB board members and the Mayor and Council for the leadership they provide to KSB, and
thanked Representative Golick.
Mayor Bacon recognized Commissioner Sam Olens, who introduced himself to the audience,
announced his candidacy for the post of County Chairman, and provided a summary of his
qualifications and accomplishments. Commissioner Olens asked those present for their support.
Mayor Bacon recognized Representative Ginger Collins, who complimented the Mayor and
Council on the downtown revitalization projects. Representative Collins stated she has heard
many favorable comments about the City's revitalization program from people associated with
local government. Representative Collins stated she intends to run for the State Senate, and
provided details as to why she would like to be elected to such a post. Representative Collins
asked those present for their support.
Mayor Bacon recognized Mr. Floyd Millis, who expressed dissatisfaction with services and
administration provided by the City.
PUBLIC HEARINGS:
(A) Rezoning Request — 1.724 Acre "tract from R-20 (SFR) to RAD Conditional — Land Lot
477 Near Cooper Lake Road and King Springs Road — Old Cabin Trace Development,
Inc. (OCTD)
Mr. Corey stated that OCTD proposes to rezone a 1.724 acre tract in Land Lot 477 from R-20
(SFR) to RAD Conditional, and that the parcels are generally located at the north-west corner of
Cooper Lake Road and King Springs Road. Mr. Corey stated the overall Cooper Lake Oaks
Subdivision was approved without the subject parcels by the City in 2001 with an overall
density of 2.96 units per acre. Mr. Corey stated the subject zoning is being proposed to add three
contiguous parcels to the subdivision which were not included in the original zoning. Mr. Corey
stated that, if approved, the rezoning/zoning amendment would increase the number of single-
family residences from 29 to 34 and that the overall density would increase slightly from 2.96 to
2.98 units per acre. Mr. Corey stated that, if approved, the development standards for both the
parcels would remain unchanged when compared to the original Cooper Lake Oaks plan
approved in 2001. Mayor Bacon stated that agenda item 3(13) is a -zoning amendment request
pertaining to the same acreage.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to several persons by Mr. Cochran.
Council Member Wood recognized the owners of the subject property, Mr. Tommy Sweet and
Mr. Joe Dewberry, and asked them to explain the need for the rezoning. Mr. Dewberry stated a
second parcel was acquired which made an additional five lots possible with only a small increase
in density. Mr. Sweet stated that the proposed changes will enable OCTD to place the sub-
division entrance near another nearby subdivision which he believes will provide results that are
generally more satisfactory than what was proposed in the original plan. Mr. Sweet stated that
the proposed changes will enable OCTD to place the detention pond in a location that will
June 3, 2002
provide adequate drainage and that the lot sizes can be increased from 65' wide to 70' wide.
Council Member Cramer asked if the proposed changes will impact on traffic safety, and Mr.
Sweet stated that a deceleration lane will be added.
Mayor Bacon recognized Mr. Curtis Dobbs residing at 4415 King Valley Road, who asked if all
of the water in a pipe near his residence will go into the detention pond, and Mr. Sweet answered
yes. Mr. Dobbs asked how high the wall near the pond will be, and Mr. Sweet advised it will be
approximately 10' in height. Mr. Dobbs expressed the view that a nearby wooded area presently
absorbs the water and that there have been no problems to date with the water. Mr. Dobbs stated
that there is currently a spring near his property and asked if the proposed changes will dry up the
spring, and Mr. Sweet stated that situation can be addressed with a French drain. Mr. Dobbs
stated there is a large old oak tree on his property and asked if the construction of the wall will
affect the tree, and Mr. Sweet stated that the wall can be configured to go around the tree to avoid
damage to it. Mr. Dobbs asked if large numbers of trees in the area will be cut down, and Mr.
Sweet said that some will be removed along the shoulder of the road, but that removal of trees is
expected to be minimal.
Mayor Bacon recognized Mr. Dan White, residing at Vinings Grove subdivision, who stated he
would like to see sidewalks constructed in the area. Mr. White expressed concern about traffic
conditions in the area which he considers potentially dangerous. Mr. White also expressed
concern about the number of trees to be cut in connection with the proposed construction.
Mr. Sweet advised that the deceleration lane planned should help ameliorate some of the traffic
problems in the area, as well as improve visibility for left turns. Mr. Sweet stated that the road
shoulder will need to be built up in order to build a deceleration lane, but that it is the intention of
the builder to minimize removal of trees. Mr. Sweet stated there are no current plans to construct
sidewalks along Cooper Lake Road. Mr. White expressed the view that sidewalks are needed,
and that walking along the road may not be safe without them. Council Member Wood
acknowledged that sidewalks are needed on Cooper Lake Road and other areas, and asked Mr.
White how long a sidewalk would be needed in the area he is concerned about, and Mr. White
advised that a stretch of sidewalk about a half mile in length would be needed in that area.
Council Member Newcomb asked how much distance is between the back side of the curb and
the wall that is planned, and Mr. Sweet estimated that the distance from the pavement edge to the
property pin is 16 lcet. Council Member Newcomb asked if there is sufficient space in the
subject area to put in sidewalks, and Mr. Sweet answered in the affirmative. Mr. Sweet stated
that construction of sidewalks could also entail removal of more trees. Council Member
Hawkins asked approximately how many trees would be lost if sidewalks were to be installed,
and Mr. Sweet advised he does not know. Council Member Wood asked Messrs. Dewberry and
Sweet if there are any possible financial incentives that could induce them to split the cost of
sidewalk construction with the City, and Mr. Sweet stated that if the plan for sidewalks
on both sides of the road inside the subdivision were changed to just one side, he would be
willing to provide sidewalks alongside the road outside the subdivision. Council Member
Lnenicka stated he would support either a 50/50 split of the cost of sidewalks between the City
and OCTD on Cooper Lake Road in the affected area or Mr. Sweet's suggestion of eliminating
the sidewalks on one side of the road inside the development to offset the cost of sidewalk
construction by the developer. Mayor Bacon asked if such a sidewalk were to be built on Cooper
Lake Road if it would connect existing sidewalks, and Mr. Sweet answered that it would not. Mr.
White stated that even if the sidewalk did not connect with others, it could provide a link to three
churches, the Silver Comet Trail, and Nickajack Elementary School. Council Member Hawkins
expressed support of the suggestion for eliminating the sidewalks on one side of the road inside
the development to offset the cost of sidewalk construction by the developer on Cooper Lake
Road.
MOTION: Council Member Wood made a motion to approve the request by Old Cabin Trace
Development, Inc., to rezone a 1.724 acre tract from R-20 (SFR) to RAD Conditional be
approved with the following'stipulations:
- The number of lots is to be limited to 34.
- The front yard setback shall be a minimum of 22 feet from the back of the curb and 10
feet from the right-of-way.
- The side yard setback shall be 5 feet with a minimum of 15 feet between buildings.
- The rear yard setback shall be 20 feet.
Council Member Wood read the following stipulations into the minutes:
1. Protective covenants shall be provided for all lots with mandatory homeowners association. ?
2. Storm water detention shall be designed to create at least a 10% reduction in the 100 year storm event and
the City Engineer shall approve all plans.
June 3, 2002
3
3. All detention ponds shall be placed and screened appropriately, to be,unobtrusive to homes inside and
outside the development. i' 1 `
4. All utilities within the development shall be underground.
5. The developer shall comply with the City's current tree ordinance and plans shall be submitted to the City
for review and comment prior to construction.
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.
Landscaped front entrance with monument sign indicating the name of the development and deceleration
lanes shall be provided at the entrance as required by the City Engineer.
8. No debris may be buried on any lot or common area.
9. The developer will install decorative streetlights within the development, subject to approval by the City
Engineer.
10. All yards and common areas are to be sodded, and landscaped - irrigate as appropriate.
11. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect
or a degreed horticulturist for common areas and entrances.
12. Each lot shall have four trees replanted per lot - 4 - 3" caliper or 2 - 2" and 2 - 4". The following species
of trees may be used: Nuttall 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 lot, the
replanting shall be waived.
13. All streets shall have a sidewalk on one side within the subdivision. The City will work with the developer
to install a sidewalk on Cooper Lake Road in lieu of one of the sidewalks inside the development.
4. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk.
15. New homes adjacent to streets outside development shall be four sided brick, stucco, stone or architectural
shakes.
16. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both along the frontage
of the development.
17. Developer shall provide a minimum of 20' undisturbed buffer along the frontages of streets outside the
development.
18. Developer shall provide at least 200 square feet of common space per lot that shall be controlled and
maintained by the Homeowners Association.
19. Applicant will donate sufficient right of way on the north side of Cooper Lake Road to establish a
minimum distance of 40' from the roadway centerline.
20. Applicant will be responsible for curb, gutter and sidewalks on both sides, along the deceleration lanes as
required by the City Engineer.
The motion was seconded by Council Member Hawkins. Motion was approved 7 — 0.
(B) Zoning Amendment Request — Inclusion of 1.724 Acre Tract into the Cooper Lake Oaks
RAD Conditional Rezoning/Subdivision — Land Lot 477 Near Cooper Lake Road and King
Springs Road — Old Cabin Trace Development, Inc. (OCTD)
Council Member Wood stated that a zoning amendment is needed to include the 1.724 acres of
annexed property into the Cooper Lake Oaks RAD Conditional subdivision and that the plan needs to
be amended to include this new property.
MOTION: Council Member Wood made a motion to approve a zoning amendment request to
include a 1.724 acre tract into the Cooper Lake Oaks RAD Conditional rezoning/subdivision at Land
Lot 477 near Cooper lake Road and King Springs for Old Cabin Trace Development, Inc., and the
motion was seconded by Council Member Hawkins. Motion was approved 7 — 0.
June 3, 2002 4
(C) Approval of Annexation of Property — Land Lot 477, 17°i District, 2" � Section, Cobb County,
Georgia, Cooper Lake Road and King Springs Road — 1.724 Acres — Keith and Tracy Gantt
Council Member Wood stated that the application for the subject annexation was validated at the May
6, 2002, Council meeting.
MOTION: Council Member Wood made a motion to approve annexation of .165 acres more or less,
.069 acres more or less and 1.49 acres more or less in Land Lot 477, 17"' District, 2nd Section, Cobb
County, Georgia, near Cooper Lake Road and King Springs Road into Ward 7 of the City to be
effective July I, 2002, and the motion was seconded by Council Member Cramer. Mayor Bacon
stated this is a public hearing and asked for public comment. There was none. Motion was approved
7-0.
(D) Rezoning Request — 4.04 Acre tract from R-15 (SFR) to RAD Conditional — Land Lot 446,
South-West Corner of Belmont Circle and Turner Drive — Capital City Partners
Mayor Bacon stated that this application has been withdrawn without prejudice, and no further action
was taken.
(E) Land Use Change Request — Low Density to Medium Density Residential - Land Lot 446,
South-West Corner of Belmont Circle and Turner Drive — Capital City Partners
Mayor Bacon stated that this application has been withdrawn without prejudice, and no further action
was taken.
(F) Rezoning Request — 2.5 Acre Tract from R-20 (SFR) to TD-Conditional — Land Lots 476 and
533, North Side of E/W Connector Near Mavell Road and Siver Comet Trail — Ashton Atlanta
Residential
MOTION: Council Member Wood made a motion to table this rezoning request until the June 17,
2002 Council meeting, and the motion was seconded by Council Member Lnenicka. Motion was
approved 7 — 0.
(G) Land Use Change Request - 2.5 Acre Tract from Low Density to Medium Density Residential
- Land Lots 476 and 533, North Side of E/W Connector Near Mavell Road and Siver Comet
Trail — Ashton Atlanta Residential
MOTION: Council Member Wood made a motion to table this land use change request until the June
17, 2002 Council meeting, and the motion was seconded by Council Member Hawkins. Motion was
approved 7 — 0.
(H) Variance Request — Increased Fence Height — 601 Bassett Court — Ramesh Kalyakaalva
Mr. Corey stated the subject property contains a single-family residence at the intersection of
Lynnhaven Lane and Bassett Court and is zoned RAD Conditional, and that the applicant has
constructed a wood privacy fence which exceeds the maximum height for fences by 9 inches.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Hawkins asked Mr. Kalyakaalva to provide details regarding the subject fence, and it
was determined from the discussion with the applicant that the excessive fence height is in one section
of the fence and is apparently the result of variation of ground elevation.
MOTION: Council Member Hawkins made a motion to approve a variance for the side yard fence at
601 Bassett Court for the last 16' section to be 4'9" in height, and the motion was seconded by
Council Member Scoggins. Motion was approved 7 — 0.
(1) Variance Request —Oversized Accessory Building— 2590 Highland Avenue —Wayne Moody
Mr. Corey stated the subject property contains a single-family residence and is zoned R-15. Mr.
Corey stated the owner would like to construct a new storage building to replace an existing storage
building, and that the new building is proposed to be 1,600 square feet in area. Mr. Corey stated this
storage building is considered an accessory structure in the City's Zoning Code.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
June 3, 2002
Council Member Scoggins asked Mr. Moody to provide a synopsis of his planned construction, and
Mr. Moody stated that the existing building dates back to around 1930 and is functionally obsolete.
Mr. Moody stated that the existing building is too close to the property line, and that he plans to
correct this when he builds the new structure. Mr. Moody stated the planned building will be built of
concrete block, and will be generally' compatible with the surrounding area. Council Member
Hawkins asked Mr. Moody if lie will comply with proper setback requirements and Mr. Moody
answered in the affirmative. Council Member Cramer asked Mr. Moody if the proposed structure will
have running water and Mr. Moody answered in the affirmative. Council Member Scoggins noted
that the proposed building exceeds the norm by 50%, and Mr. Moody acknowledged that to be
correct. Council Member Scoggins asked Mr. Moody about the..side setback, and Mr. Moody
explained that the existing building is within 6' of the property line, but the new building will be at
least 10' from the property line. Council Member Newcomb noted that staff supports the variance,
but that there is a requirement for the building to be made of materials that compliment the other
buildings in the area. Council Member Newcomb asked if a brick and wood building is proposed, and
Mr. Moody responded that his plans are for a concrete block building. Mr. Moody asked if the term
"compatible" in this case means an exact match or just compatible with the neighborhood, and
Council Member Scoggins responded that his interpretation is just compatible with the neighborhood.
Council Member Pritchett stated the compatibility should be to the principal residence. Council
Member Newcomb stated that some flexibility on this point may be possible, but the intention of the
stipulation is to have some degree of visual compatibility with the buildings instead of a stark contrast.
Mr. Moody expressed the view that structures with certain siding materials could be less compatible
than painted block. Mayor Bacon expressed the view that a painted block house is more attractive
than aluminum siding.
MOTION: Council Member Scoggins made a motion to approve a variance for a 1,600 square feet
accessory building for 2590 Highland Avenue with the stipulation that Mr. Moody consult with the
Community Development Director to determine what materials will be visually compatible with the
main residence, and the motion was seconded by Council Member Pritchett. Motion was approved 7
— 0.
(J) Rezoning Request — 10.06 Acre Tract from R-15 to RAD Conditional — Land Lot 488 Near
Powder Springs Street — Jeffrey B. Freeman Developers, LLC
MOTION: Council Member Hawkins made a motion to table the rezoning request for a 10.06 acre
tract from R-15 to RAD Conditional for Land Lot 488 near Powder Springs Street for Jeffrey B.
Freeman Developers, LLC until the June 17, 2002 Council meeting, and the motion was 'seconded by
Council Member Cramer. Council Member Hawkins stated the developer will meet with residents in
the affected area this week Motion was approved 7 — 0.
(K) Land Use Change Request - 10.06 Acre Tract (TBA) - Land Lot 488 Near Powder Springs
Street - Jeffrey B. Freeman Developers, LLC
MOTION: Council Member Hawkins made a motion to table the land use change request for a 10.06
acre tract for Land Lot 488 near Powder Springs Street for Jeffrey B. Freeman Developers, LLC until
the June 17, 2002 Council meeting, and the motion was seconded by Council Member Cramer.
Council Member Hawkins stated the developer will meet with residents in the affected area this week.
Motion was approved 7 — 0.
(L) Public Hearing Notice for FY 2003 Budget
Mr. Corey stated that a public notice must be given to the citizens stating that the FY 2003 proposed
budget of $42,253,422 is available for review before its adoption. Mr. Corey stated that the notice
must also state that the proposed budget will be presented for adoption at a public hearing on June 17,
2002. Mr. Corey stated that this will be advertised in the May 20 and May 27, 2002 Marietta Daily
Journal.
Council Member Wood advised Ms. Edgar is present for any questions. Council Member Wood
stated the fiscal year will begin on July 1, 2002 and end June 30, 2003. Council Member Wood stated
a copy of the proposed budget will be available for public inspection at the Finance Department and at
the City Clerk's office at City Hall, and that the budget will be presented for adoption at the June 17,
2002 Council meeting.
Mayor Bacon stated this is a public hearing and asked for public continent. There was none.
Council Member Wood stated that the proposed budget is a balanced one.
(M) Rezoning Request — 2.42 Acre Tract from Office Distribution to General Commercial — Land
Lot 379 on Ask -Kay Drive Near South Cobb Drive — The Universal Church
June 3, 2002
6
Mayor Bacon recognized Tim Minors from the Universal Church, who requested that the
application be withdrawn without prejudice. Mayor Bacon asked Mr. Minors if written
notification of the withdrawal had been made, and Mr. Minors answered in the affirmative. No
further action was taken.
(N) Zoning Ordinance Amendment — Flea Markets
MOTION: Council Member Lnenicka stated that the subject ordinance needs further review, and
made a motion to table it until the June 17, 2002 Council meeting. Motion was seconded by Council
Member Cramer. Motion was approved 7 — 0.
FORMAL BUSINESS:
(A) Appointment of City Administrator
Mr. Corey stated that Wayne Wright of Powder Springs has accepted the position of City
Administrator for the City of Smyrna. Mr. Corey stated that Mr. Wright has been the City Manager of
Powder Springs since July 1993, and was also the City Administrator for Garden City from October
1987 to July 1993. Mr. Corey stated that Mr. Wright has a Master of Public Administration from
UNC at Chapel Hill, and a Bachelor of Science in Urban Government from GSU. Mr. Corey stated
that Mr. Wright has extensive experience in the field of municipal government, and it is believed his
qualifications and experience are well -suited to his new post with the City of Smyrna. Mr. Corey
stated that Mr. Wright will start work on of June 10, 2002.
MOTION: Council Member Wood made a motion to appoint Wayne Wright as City Administrator
for the City of Smyrna with a start date ol' June 10, 2002, and the motion was seconded by Council
Member Lnenicka. Motion was approved 7 — 0.
(B) Approval of Employment Agreement for City Administrator
Mr. Corey stated the agreement sets forth the terms of Mr. Wright's compensation. Council Member
Wood stated the agreement sets forth specifics of Mr. Wright's employment and compensation, and is
available for public inspection at City Hall.
MOTION: Council Member Wood made a motion to approve the Employment Agreement between
the City and Wayne Wright, and the motion was seconded by Council Member Lnenicka. Motion
was approved 7 — 0.
(C) Appointment of City Clerk
Mr. Corey stated that Susan Hiott has a Master of' Business Administration from Kennesaw State
University and a Bachelor of Science in Business Administration from North Carolina Wesleyan
College. Mr. Corey stated that Ms. Hiott has completed the requirements for Certified Municipal
Clerk through the Carl Vinson Institute at UGA, and from the International Institute of Municipal
Clerks. Mr. Corey stated that Ms. 1-liott has previous experience as a City Clerk at the cities of
Roswell and Acworth, and is also a former employee of the City of Smyrna. Mr. Corey stated it is
believed Ms. Hiott's qualifications and experience are well -suited to her new post.
MOTION: Council Member Wood made a motion to appoint Susan Hiott as City Clerk for the City
of Smyrna, and the motion was seconded by Council Member Lnenicka. Motion was approved 7 — 0.
(D) Approval of Resolution for Emergency 911 Service
Mr. Corey stated that on May 21, 2001, the Mayor and Council passed a resolution "Emergency
"Telephone Number 911" which stated the City would collect a $1.50 monthly fee for emergency 911
service. Mr. Corey stated this fee is needed to support the enhanced 911 system and that the
reaffirmation by resolution of the need to collect this fee is up for renewal. Council Member Scoggins
read the Resolution.
MOTION: Council Member Scoggins made a motion to approve the Resolution for Emergency 911
Service, and the motion was seconded by Council Member Newcomb. Motion was approved 7 — 0.
(E) Approve Renewal of Suntrust Corporate Resolution and Certificate of Incumbency for the
Commercial Credit Card Account '
Mr. Corey stated the City corporate credit card agreement should be renewed and extended and reflect
information pertinent to the current authorized custodian, which will be City Clerk Susan Hiott. '
June 3. 2002
MOTION: Council Member Wood made a motion to approve the Suntrust corporate resolution and
certificate of incumbency with City Clerk Susan Hiott as the authorized custodian, and the motion was
seconded by Council Member Cramer. Motion was approved 7 — 0.
(F) Appointment of Replacement Member to the Planning and Zoning Board (PZB)
Council Member Cramer stated that Mr. Hal Sahlman has resigned his position on the PZB because he
has relocated out of Ward 5.
MOTION: Council Member Cramer made a motion to appoint Mr"Randy Rink to the Planning and
Zoning Board to fill the vacancy, and the motion was seconded by Council Member Wood. Motion
was approved 7 — 0.
COMMERCIAL BUILDING PERMITS:
There were none.
BID AWARDS:
(A) Award of Bid# 2-024, replacement of Dump Truck Unit 5 for Public Works Department
Mr. Corey stated the Public Works Department requested bids for the replacement of dump truck
Unit# 5, and that the truck being replaced will be auctioned. Mr. Corey stated that bids were received
from Family Ford, Alan Virgil Ford, Lou Sobh Ford, and Parkway Ford, and that Public Works and
Purchasing have reviewed the bids and recommended award of the bid to the low bidder Parkway
Ford in the amount of $56,320.
MOTION: Council Member Cramer made a motion to award Bid# 2-024 to the low bidder Parkway
Ford in the amount of $56,320, and the motion was seconded by Council Member Wood. Motion was
approved 7 — 0.
(B) Award of Bid# 2-025, replacement of Dump Truck Unit 16 for Public Works Department
Mr. Corey stated the Public Works Department requested kids for the replacement of landscape dump
truck Unit# 16, and that the truck hcing replaced will be auctioned. Mr. Corey stated that bids were
received from Bremen Motors Ford, family Ford, Alan Virgil Ford, Lou Sobh Ford, and Parkway
Ford, and that Public Works and Purchasing have reviewed the bids and recommended award of the
bid to the low bidder Parkway Ford in the amount of $45,985.
MOTION: Council Member Cramer made a motion to award Bid# 2-025 to the low bidder Parkway
Ford in the amount of $45,985, and the motion was seconded by Council Member Wood. Motion was
approved 7 -- 0.
(C) Award of Bid to Purchase HVAC Unit for Police Station by Public Works Department
Mr. Corey stated the Public Works Building and Grounds Division requested bids for a replacement
HVAC unit at the police station. Mr. Corey stated that there have been continued problems with the
existing equipment and that the manufacturer is no longer in business, so replacement is necessary
before a complete breakdown occurs. Mr. Corey stated that four reputable vendors were solicited for
bids and three responded — Capital City Mechanical Services, Aircond Corporation, and .I. R. Nichols
Co., Inc. Mr. Corey stated that Public Works and Purchasing have reviewed the bids and recommend
bid award to low bidder Aircond Corporation for $40,600. Mr. Corey stated the low bid is $30,000
tinder the original estimate.
MOTION: Council Member Scoggins made a motion to approve award of the bid for a replacement
HVAC system for the police station to Aircond Corporation in the amount of $40,600, and the motion
was seconded by Council Member Cramer. Motion was approved 7 — 0.
CONSENT AGENDA:
(A) Approval of the May 20, 2002, Minutes
MOTION: Council Member Lnenicka made a motion to approve the consent agenda, and the motion
was approved by Council Member Cramer. Motion was approved 7 — 0.
COMMITTEE REPORTS:
Council Member Newcomb stated the Growth Strategies Commission will meet this Friday
June 3, 2002
Council Member Cramer reported that the recent Great American Clean -Up (GACU) was successful,
and that he had the assistance of two City marshals during the event. Council Member Cramer stated
the next phase of GACU is planned for some time in the next few weeks. Council Member Cramer
reported that the dedication ceremony for the Veterans Memorial is tentatively planned for October
12. Council Member Cramer expressed thanks to Mr. Olens for attending the meeting.
SHOW CAUSE HEARINGS:
(A) Show Cause Hearing — Alcoholic Beverage Sales Violation — Howard's Deli — 652 Concord
Road — Robert Howard Martin, Agent
Mr. Corey stated that on March 22, 2002, officers of Smyrna Police Department conducted a
compliance check in which a 19 year -old informant was able to purchase an alcoholic beverage at
Howard's from employee Janetta J. Boccali. Mr. Corey stated that on May 16, 2002, Ms. Boccali
paid a fine through bond forfeiture.
Mayor Bacon recognized Sgt. Joseph Bennett of the Smyrna Police Department (SPD), who reported
that on March 22, 2002, SPD officers, in cooperation with the Cobb Underage Drinking Task Force,
conducted twelve underage alcohol compliance checks inside the city limits of Smyrna. Sgt. Bennett
stated that at around 2015 hours, Ofc. Dobson, along with a nineteen year -old informant, entered
Howard's Deli and went to the bar. Sgt. Bennett stated that the informant ordered a Miller Lite beer
and was served by the offender. Sgt. Bennett stated that the offender asked the informant for
identification and the informant produced a Georgia license showing her age to be nineteen. Sgt.
Bennett stated that the offender looked at the identification and then served her a beer. Sgt. Bennett
stated that photographs of the beer were taken by Ofc. "Turner. Sgt. Bennett stated that Lt. Zgonc
issued the offender citation It PS-01004 fur the charge of' sale of alcohol to a minor. Sgt. Bennett
stated that the offender was released on a copy of the charge with her court date being May 16, 2002.
Sgt. Bennett stated that the operation was monitored and recorded using an audio/video surveillance
device.
Council Member Hawkins asked Sgt. Bennett if he was present at the incident, and Sgt. Bennett
advised he was monitoring the audio/visual equipment and that Ofc. Dobson was at the location with
the informant. Mayor Bacon was asked il'the compliance check locations are chosen randomly, and
Ofc. Dobson advised that different zones are periodically selected for checks. Council Member
Hawkins asked both officers if they have ever conducted a check at Howard's, and both answered in
the negative. Council Member Newcomb asked if the identification used by the informant is a
Georgia driver's license, and Ofc. Dobson answered in the affirmative. Council Member Newcomb
asked to see the license, and Ofc. Dobson answered that a copy of the license is in the file, but he did
not bring a copy with him. Council Member Newcomb asked if the identification used by the
informant has any advisory printed on it to the effect that the bearer is underage, and Ore. Dobson
stated he believes it does. Council Member Newcomb asked if the identification used by the
informant is a valid Georgia driver's license, and Ofc. Dobson answered in the affirmative. Mayor
Bacon asked Ofc. Dobson if the informant actually handed the driver's license to the offender, and
Ofc. Dobson answered in the affirmative. Mayor Bacon asked Ofc. Dobson if the informant was
seated at the bar, and Ofc. Dobson answered in the affirmative.
Council Member Hawkins asked Mr. Martin if he was present on the night of the incident, and Mr.
Martin answered in the affirmative. Council Member Hawkins asked Mr. Martin if Ms. Boccali is
still in his employ, and Mr. Martin said she is not. Council Member Hawkins asked Mr. Martin how
long Ms. Boccali had been employed at Howard's at the time of the incident, and Mr. Martin stated
she had been employed there about three months. Council Member Hawkins asked Mr. Martin if Ms.
Boccali was a bartender, and Mr. Martin said yes. Council Member Hawkins asked Mr. Martin to
explain what type of training he has in place for his employees to sell alcoholic beverages. Mr. Martin
explained that employees are 1ir9t trained to use the ordering system, and then they receive instruction
on the rules for selling alcoholic beverages. Mr. Martin explained that employees are trained to
recognize patrons that have had too much to drink and to stop serving them alcohol, and how to
identify customers entering the store that may already have been drinking. Mr. Martin explained that
employees are trained to not serve a pitcher to one person and to not serve two drinks at one time to a
single customer. Mr. Martin explained that the main focus of alcoholic beverage sales training is
checking of identification before selling to customers to make certain they are not underage, and that
the only accepted identification is a State driver's license with a photograph. Mr. Martin explained
that the floor managers are tasked with the responsibility of reminding employees'to, check for
identification. Mr. Martin explained that on the night of the incident, one of the floor managers
actually observed the offender serving the informant, and when the informant was .seen presenting
what appeared to be identification, the manager assumed that satisfactory identification had been
made. Mr. Martin explained that every effort is made to ensure that the servers at Howard's are
trained and responsible. Council Member Hawkins asked Mr. Martin if he actually saw the
,��q t" �f�r �=i+�,�o.ktj.Q j-•+�,..�'i+'a";'� ',,i�i lt-
June 3. 2002
informant's identification at the time of the incident, and Mr. Martin said no. Mr. Martin explained
that he had thought that Ms. Boccali would have done well in such a compliance check, because she is
a mature individual with previous experience as a bartender. Council Member Hawkins asked Mr.
Martin when Howard's was moved to its current location, and Mr. Martin said 1986. Council Member
Hawkins asked Mr. Martin how long he has been in business, and Mr. Martin answered 38 years.
Council Member Hawkins asked Mr. Martin if lie has ever had a previous alcohol sales violation
before in either Cobb County or in Smyrna, and Mr. Martin answered in the negative. Council
Member Hawkins asked Mr. Martin if his business has ever been the subject of an alcohol sales
compliance check, and Mr. Martin stated he does not know. Ofe. Dobson stated that if a compliance
check is made and the establishment does not sell to the informant, Lt_Zgonc will introduce himself to
the staff to compliment them for their diligence, and that the successful compliance check will be
followed up by a letter of commendation to the business operator. Ore. Dobson stated that he believes
this has been the protocol since the inception of the Underage Drinking Task force. Council Member
Scoggins commended Mr. Martin for his otherwise good record of compliance over a period of many
years. Mr. Martin expressed frustration and regret over the incident, and reiterated his commitment to
compliance with alcohol beverage sales regulations. Mr. Martin explained that he has many
employees and does a large volume of business, and that it is difficult to monitor all sales activities
despite his best efforts. Mr. Martin expressed the view that this mishap was an isolated incident, and
that there is generally no serious problem of underage drinking at Howard's.
Council Member Hawkins stated the penalty for a first violation specified in the City Code of
Ordinances for sale of alcoholic beverages to a minor is 0 to 15 days of license suspension, and 5
years of Class I probation. Council Member Hawkins stated that, because of Mr. Martin's good
record of compliance over a period of many years, he recommends 5 years of Class I probation with
no license suspension for this first violation.
MOTION: Council Member I-lawkins made a motion to place Mr. Martin's alcoholic beverage sales
license for Howard's on 5 years of Class I probation with no license suspension for this first violation,
and the motion was seconded by Council Member Scoggins.
Council Member Cramer stated that lie regards sales of alcoholic beverages to minors as a serious
matter because his mother was killed in a vehicle accident involving a person driving under the
influence of alcohol. Council Member Cramer stated that he respects Mr. Martin, but package sales
and poured sales of alcoholic beverages cannot be treated differently. Council Member Cramer
expressed the view that penalties Ior servers should be stricter. Council Member Cramer stated that
lie votes on these matters in a consistent way, and that lie does not support dispositions without
penalties. Council Member Hawkins expressed disagreement with Council Member Cramer's
position that no penalty is being imposed because his motion calls for 5 years of Class I probation.
Council Member Hawkins expressed the view that fairness requires that circumstances and a license
holder's previous record be factored in to these decisions, and that each incident should be evaluated
on an individual basis. Council Member Newcomb complimented Mr. Martin on the business he
operates, but stated he believes that some suspension penalty is appropriate Ibr any violation and that
he does not support the motion. Council Member Lnenicka commented favorably on Mr. Martin and
his business, but stated he believes that some license suspension penalty is in order, and that he also
does not support the motion. Council Member Newcomb stated that the operation is a joint
undertaking with involvement by both the County and Smyrna authorities, and that he believes that
the activities of the Task Force have impacted favorably on the City's DUI statistics. Council
Member Hawkins stated that the motion stands, and that the penalty specified in the motion is
commensurate with the magnitude of the violation. Mayor Bacon stated that the schedule of penalties
for alcohol sales violations is set forth in the adopted ordinance, and that the Council has the option to
not suspend the license.
The motion was approved 4 — 3, with Council Members Cramer, Lnenicka and Newcomb opposed.
Mr. Martin expressed the view that 5 years of Class I probation is a real punishment, because it
ensures a penalty of license suspension for a minimum of 15 days for any subsequent violations.
Council Member Pritchett asked Mr. Martin how much in lines Ms. Boccali paid, and Mr. Martin said
it was $600.
(B) Show Cause Hearing — Alcoholic Beverage Sales Violation — El Reventon Restaurant — 3282
South Cobb Drive — Maria S. Diaz, Agent
Mayor Bacon recognized Sgt. Joseph Bennett of the Smyrna Police Department (SPD), who reported
that on March 22, 2002, SPD officers, in cooperation with the Cobb Underage Drinking Task Force,
conducted twelve underage alcohol compliance checks inside the city limits of Smyrna. Sgt. Bennett
stated that at around 1930 hours, Ofc. Dobson, along with a nineteen year -old informant, entered El
Reventon Restaurant and was seated at a table. Sgt. Bennett stated that the informant ordered a Miller
Lite beer and was served by the offender. Sgt. Bennett stated that the offender failed to ask the
June 3, 2002 10
informant for identification. Sgt. Bennett stated that photographs of the beer were taken by Ofc.
Turner. Sgt. Bennett stated that Lt. Zgonc issued the offender citation # PS-01002 for the charge of
sale of alcohol to a minor with a court date of' May 16, 2002. Sgt. Bennett stated that the operation
was monitored and recorded using an audio/video surveillance device.
Mayor Bacon asked how many of the twelve establishments checked failed to comply, and Sgt.
Bennett stated he thought the number was six. Mayor Bacon asked how many of the six asked for
identification, and Ofc. Dobson stated lie believes the number was two. Council Member Hawkins
asked Ofc. Dobson if he was present at the incident, and Ofc. Dobson answered in the affirmative.
Council Member Hawkins asked Ofc. Dobson il; as indicated in the report, the server failed to ask for
identification, and Ofc. Dobson answered in the affirmative. Council Member Hawkins asked Ofc.
Dobson if the alcoholic drink was served at a table, and Ofc. Dobson answered in the affirmative.
Council Member Hawkins asked Ofc. Dobson if he and the informant were not at a bar, and Ofc.
Dobson answered in the affirmative. Council Member Hawkins asked Ofe. Dobson if there was
anyone else seated at the table besides Ofc. Dobson and the informant, and Ofc. Dobson answered no.
Council Member Cramer asked Ofc. Dobson if the same informant and identification were used at all
the locations checked, and Ofc. Dobson answered in the affirmative. Council Member Hawkins
recognized Angel and Lillian Cardenas, who stated that they are the owners of EI Reventon. Council
Member Hawkins asked Mr. and Mrs. Cardenas if either of them were at the subject location at the
time of the incident, and Mrs. Cardenas stated that she was. Council Member Hawkins recognized
Ms. Maria Diaz, and asker her if she was at the subject location at the time of the incident, and Mrs.
Cardenas answered no for Ms. Diaz. Council Member Hawkins asked Mrs. Cardenas if she saw the
incident, and she responded that she had spoken to a police officer at the scene about the incident.
Council Member Hawkins asked Mrs. Cardenas how old the offending server is, and Mrs. Cardenas
stated he is 38 years of age. Council Member Hawkins asked Mrs. Cardenas how long the offending
server has been in her employ, and she stated lie started shortly after the business opened. Council
Member Hawkins asked Mrs. Cardenas about alcohol sales training for EI Reventon's servers, and
Mrs. Cardenas provided details of a training video, an examination, and other training provided.
Council Member Hawkins asked Mrs. Cardenas if the offending server had been fingerprinted by SPD
and had an appropriate license, and Mrs. Cardenas answered in the affirmative. Council Member
Hawkins again asked Mrs. Cardenas flow long the offending server has been in her employ, and Mrs.
Cardenas answered three months. Council Member Hawkins asked Mrs. Cardenas how long EI
Reventon has had an alcohol sales license, and Mrs. Cardenas stated three months. Council Member
Ilawkins asked Mrs. Cardenas if the offending server is still employed at EI Reventon, and Mrs.
Cardenas answered no. Mr. Cardenas stated that EI Reventon is trying to improve its training for
servers, and that since the incident servers are now required to complete a course at Atlanta Beverage
for alcoholic beverage sales. Council Member Pritchett asked Mr. Cardenas to confirm that he stated
the course at Atlanta Beverage was implemented after the incident, and Mr. Cardenas stated that
Council Member Pritchett had understood correctly. Council Member Pritchett asked Mr. Cardenas to
describe the training that was in place before the incident, and Mr. Cardenas stated that the steps taken
included talking to employees about alcohol sales regulations, and checking to make certain that
customers' identifications are being checked. Council Member Pritchett asked Mr. Cardenas what
explanation, if any, the offending server had offered for the mishap, and Mr. Cardenas stated the
offending server did not seem to have a good excuse. Council Member Lnenicka asked Ms. Diaz
what her responsibilities are as a license holder and, with Mr. Cardenas as translator, she stated her
responsibilities included talking to employees about alcohol sales regulations, and checking to make
certain that customers' identifications are being checked to avoid sales to minors. Council Member
Lnenicka asked Ms. Diaz if she has the authority to direct the work -related activities of EI Reventon
employees and, with Mr. Cardenas as translator, she answered yes. Council Member Lnenicka asked
Ms. Diaz why she thinks Mr. Victorio failed to ask the informant for identification, and Ms. Diaz said
Mr. Victorio would say that some customers appeared old enough and would not ask for
identification. Council Member Lnenicka asked Ms. Diaz how El Reventon personnel decide who to
ask for identification, and Ms. Diaz said that all customers are asked to show identification before
purchasing alcoholic beverages. Council Member Lnenicka stated that asking all customers to show
identification for alcohol sales does not seem to be happening, and Mr. Cardenas acknowledged that it
did not happen on the day of the incident. Mr. Cardenas stated that EI Reventon is Dying to improve
its training for servers, and that since the incident servers are now being trained better and that they
understand that compliance is a prerequisite for continued employment. Council Member Lnenicka
stated that Mr. Victorio had a lot of experience at EI Reventon, and Ms. Cardenas stated that he only
worked for her for two months. Council Member Lnenicka asked Mrs. Cardenas to confirm that Mr.
Victorio did not work in Fulton County, and Ms. Cardenas stated that Council Member Lnenicka had
understood correctly. Council Member Lnenicka asked Mrs. Cardenas if Mr. Victorio is still in her
employ, and Mrs. Cardenas answered no. Council Member Cramer asked Mr, and Mrs. Cardenas to
confirm that they have a license to operate a restaurant and bar, and Ms. Cardenas stated that Council
Member Cramer had understood correctly. Council Member Cramer asked Mr. and Mrs. Cardenas if
they have a license to operate a nightclub, and Mr. Cardenas answered no. Council Member Cramer
asked Mr. and Mrs. Cardenas if they charge an admission fee, and Mr. Cardenas stated that at certain
times there is live entertainment on the premises, and that admission is charged when these bands
June 3, 2002
11
perform.' Council Member Cramer stated that charging admission may be beyond the parameters of a
restaurant license, and suggested to Mr. Cardenas that the Business License Officer be consulted to
determine if some change is needed. Mr._ Cardenas stated that admission is only charged at certain
times, and Council Member Cramer stated that Mr. Cardenas does not have a license to operate a
nightclub, and that admission should not be charged at any time. Council Member Newcomb asked
Mr. Cardenas'onwhat days entertainment is featured, and Mr. Cardenas answered Thursday, Friday
and Saturday. Council Member New_ comb stated that at the time of the application hearing on January
7, 2002, Council Member Scoggins had asked about live entertainment, and Mr. Cardenas had stated
that a-mariachi band might perform on Sundays, but there are no plans for dancing. Mr. Cardenas
stated the entertainment was expanded to improve the performance of the business. Mayor Bacon
asked how much time Ms. Diaz spends at the restaurant, and Mr. Cardenas stated Ms. Diaz is there at
least 7 to 8 hours a day. Mayor Bacon asked if Ms. Diaz works 7 days a week, and Mr. Cardenas said
she works 5 days a week. Mayor Bacon asked Mr. Cardenas why he is, not the license holder, and Mr.
Cardenas stated he was told by the Business License Officer that the manager had to apply for the
license. Mayor Bacon asked Mr. Cardenas if lie has an alcohol sales license at another place, and Mr.
Cardenas said lie has one on Roswell Road in Fulton County. Mayor Bacon asked Mr. Cardenas
whose name the Fulton County license is in, and Mr. Cardenas said it was in both their names.
Council Member Wood asked if both Mr. and Mrs. Cardenas are agents in Fulton County, and Mr.
Cardenas advised that the Fulton County license does not specify an agent. Council Member Wood
stated -the incident occurred about two and a half months after the Smyrna license was issued, and
asked if Mr. Victorio had been in their employ during that entire time, and Mr. Cardenas said yes.
Council Member Wood stated he does not understand why Mr. Victorio did not make an effort to
check the informant's identification. Mr. Cardenas stated lie is trying to do a better job of complying
with the alcohol sales regulations. Mayor Bacon asked if Ms. Diaz what is proper identification for
alcohol sales, and Ms. Diaz stated a driver's license is required.
MOTION: Council Member Hawkins made a motion for a 7 day suspension of El Reventon's license
beginning at 12:01 a.m. on June 4, 2002 through the close of business on June 10, 2002, and 5 years
of Class I probation beginning on June 4, 2002, and the motion was seconded by Council Member
Scoggins. Council Member Hawkins stated his decision was partly based on the fact the server made
no effort to check for identification. Motion was approved 6 — 1, with Council Member Lnenicka
opposed.
Mayor Bacon showed those present a printout of police incident reports for the subject location and
stated that it was extremely long for a place that has been in business for such a short time. Mayor
Bacon asked Mr. Cardenas if this is the type of place a person would wish to take their family to, and
Mr. Cardenas said he is working on the problems. Council Member Pritchett made the observation
that the last incident on the list was dated April 7. Council Member Hawkins suggested to Mr.
Cardenas that he consult with the Business License Officer regarding the concerns raised by Council
Member Cramer regarding the suitability of his current license for the type of business he is operating,
and expressed the view that many of the problems at El Reventon may be attributable to the fact that it
is becoming more of a nightclub than a restaurant.
(C) Show Cause Hearing — Alcoholic Beverage Sales Violation — Hollywood Sports Center II —
3240 South Cobb Drive #L — Seung Auk Moon, Agent
Mr. Corey stated that on March 22, 2002,'offic6rs of Smyrna Police Department (SPD) conducted a
compliance check during which a 19 year -old informant was able to purchase an alcoholic beverage at
Hollywood Sports Center from employee Miguel A. Garcia. Mr. Corey stated that at a court
appearance on May 16, 2002, Mr. Garcia entered a guilty plea and paid a fine.
Mayor Bacon recognized Sgt. Joseph Bennett of the Smyrna Police Department (SPD), who reported
that on March 22, 2002, SPD officers, in cooperation with the Cobb Underage Drinking Task Force,
conducted twelve underage alcohol compliance checks inside the city limits of Smyrna. Sgt. Bennett
stated that at around 1900 hours, Ofe. Dobson, along with a nineteen year -old informant, entered
Hollywood Billiards and went to the bar. Sgt. Bennett stated that the informant ordered a Miller Lite
beer and was served by the offender. Sgt. Bennett stated that the offender failed to ask the informant
for identification. Sgt. Bennett stated that the operation was monitored and recorded using an
audio/video surveillance device. Sgt. Bennett stated that the Miller Lite beer was logged onto a
property sheet and placed into evidence. Sgt. Bennett stated that Lt. Zgonc issued the offender
citation # PS-01001 for the charge of sale of alcohol to a rninor. Sgt. Bennett stated that the offender
was released on a copy of the charge with his court date being May 16, 2002.
Council Member Hawkins asked Sgt. Bennett if lie observed and recorded the incident, and Sgt.
Bennett answered in the affirmative. Council Member Hawkins asked Ofc. Dobson if the server
asked the informant for identification, and Ofc. Dobson said no. Council Member Hawkins asked
Ofc. Dobson if he and the informant were at the bar, and Ofc. Dobson answered in the affirmative.
June 3, 2002 12
Council Member Cramer asked Ofc. Dobson if the permits of the servers were checked, and Ofc.
Dobson explained the focus of that particular night's activities was underage alcohol sales.
Mayor Bacon recognized Mr. Paeng and Mr. Seung, and Council Member Hawkins asked which is
the owner, and Mr. Paeng stated Mr. Seung is the owner. Council Member Hawkins asked Mr. Paeng
what his relationship is to the company, and Mr. Paeng stated he is a manager. Council Member
Hawkins asked Mr. Paeng if he is the license holding agent, and Mr. Paeng stated he is not. Council
Member Hawkins asked Mr. Paeng if either he or Mr. Seung Auk Moon were present on the night of
the incident, and Mr. Paeng stated they were both there. Council Member Hawkins asked Mr. Paeng
if he observed the incident, and Mr. Paeng said yes. Mr. Paeng stated that he, Mr. Seung Auk Moon
and Mr. Garcia were talking when the informant asked for a Miller Lite, and Mr. Paeng said he
repeated the customer's order to Mr. Garcia who brought the order. Council Member Hawkins asked
Mr. Paeng if Mr. Garcia may have thought Mr. Paeng checked the informant's identification, and Mr.
Paeng stated he only repeated the order. Council Member Hawkins asked Mr. Paeng if he had asked
the informant for identification, and Mr. Paeng said no. Council Member Hawkins asked Mr. Paeng
how long he has worked for Mr. Seung Auk Moon, and Mr. Paeng said two years. Council Member
Hawkins asked Mr. Paeng when the alcohol license was issued for Hollywood Sports Center 11, and
Council Member Lnenicka stated it was approved on October 15, 2001. Council Member Lnenicka
stated that at the meeting of October 15, 2001, the agent was identified as Leh Jyi Suen. Mayor
Bacon asked Mr. Paeng where Leh Jyi Suen is, and Mr. Paeng stated he is not present and could not
attend. Council Member Lnenicka asked Mr. Paeng if Leh Jyi Suen'is the agent, and Mr. Paeng said
yes. Council Member Lnenicka asked Mr. Paeng if Leh Jyi Suen is the owner, and Mr. Paeng said
yes. Mayor Bacon asked Mr. Paeng if Leh Jyi Suen works at Hollywood Sports Center 11, and Mr.
Paeng said yes, about four days a week. Mayor Bacon asked Mr. Paeng how many hours a day Leh
Jyi Suen works, and Mr. Paeng answered about 9 hours a day. Council Member Lnenicka stated the
actual registered agent should be at the hearing. Mr. Cochran agreed that the actual registered agent
should be at the hearing. Council Member Newcomb stated he agrees with Mr. Cochran and Council
Member Lnenicka about the necessity ol'the actual registered agent being present at the hearing.
MOTION: Council Member Hawkins made a motion to table the show cause hearing for Hollywood
Sports Center II until the June 17, 2002 Council meeting, and the motion was seconded by Council
Member Wood. Motion was approved 7 — 0.
ADJOURNMENT:
With no further business, the meeting was adjourned at 10:35 p.m.
A. MAX BACON, M/-nOR
-A � � �- ' 14g! �
CHARLES PETE WOOD, WARD 7
S SAN D. HIOTT, CITY CLERK
----7;_� %Nnl
RON NEWCOMB, WARD 2
JAMES M. HAWKINS, WARD 4
i
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2002-1
Land Lot 477
Acres 1.724
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 owners of at least 60 percent of the land described in Exhibit "A"
attached hereto have been notified of the City's desire that their property be annexed into the City
of Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on June 3, 2002 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 property
owners of the area to be annexed and 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. Such legal description is attached hereto as Exhibit
«A .31
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 3rd day of
June , 2002.
A. Max Bacon, Mayor
Sus n D. Hiott, City Clerk
CiiCo(Thran,
myrna
City Attorney
City of Smyrna
Legal Description
Tract One
All that tract or parcel of land lying and being in Land Lot 477 of the 17`h District, 2"d Section of Cobb
County, Georgia and being more particularly described as follows:
Beginning at an iron pin located at the intersection of the northerly land lot line of Land Lot 477 and the
westerly right of way line of King Springs Road (King Springs being a variable width right of way);
thence run southerly, along the westerly right of way line of King Springs Road distance of 20.06 feet to
a '/2 inch rebar; thence run North 83 degrees 56 minutes 45 seconds West a distance of 357.96 feet to an
iron pin; thence run North 06 degrees 26 minutes 15 seconds East a distance of 20.06 to the northerly
land lot line of Land Lot 477; thence run South 83 degrees 56 minutes 45 seconds East along said land
lot line a distance of 357.96 feet to an iron pin on the westerly right of way of King Springs Road and
the point of beginning. Said property containing .165 acres more or less.
Tract Two
All that tract or parcel of land lying and being in Land Lot 477 of the 17`h District, 2"d Section of Cobb
County, Georgia and being more particularly described as follows:
Beginning at an iron pin located at the northerly right of way of Cooper Lake Road (Cooper Lake Road
having a right of way of 70 feet) and the western land lot line of Land Lot 477; thence run North 06
degrees 24 minutes 05 seconds East along said westerly land lot line a distance of 10.11 feet to an iron
pin; thence run North 86 degrees 14 minutes 20 seconds east a distance of 153.94 feet to point thence
easterly along a curve to left having a radius of 459.39 feet a distance of 142.88 feet to a point, said
curve being subtended by a cord being of North 77 degrees 21 minutes 43 seconds East having a cord
length of 142.31 feet; thence South 27 degrees 25 minutes 32 seconds East a distance of 10.05 feet to an
iron pin located on the northerly right of way of Cooper Lake Road; thence in a westerly direction along
said northerly right of way a distance of 302.74 feet to said western land lot line of Land Lot 477 and the
point of beginning. Said tract containing .069 acres more or less.
Tract Three
All that tract or parcel of land lying and being in Land Lot 477 of the 17h District, 2nd Section of Cobb
County, Georgia, according to plat of survey by Thomas M. Ginn, Sr., Registered Land Surveyor, dated
March 25, 1968, and being more particularly described as follows:
Beginning at an iron pin located on the northwesterly right of way line of Cooper Lake Road 465.2 feet
easterly and northeasterly as measured along the northerly and northwesterly right of way line of Cooper
Lake Road from the point of intersection of the northerly right of way line of Cooper Lake Road with the
easterly right of way line of King Valley Road; running thence North 52 degrees 30 minutes 00 seconds
East a distance of 230 feet to an iron pin located on the northwesterly right of way line of Cooper Lake
Road; running thence North 27 degrees 12 minutes 45 seconds West a distance of 275 feet to an iron pin;
running thence South 59 degrees 50 minutes 30 seconds West a distance of 230 feet to an iron pin;
running thence South 27 degrees 28 minutes 29 seconds East a distance of 284.83 feet to an iron pin
located on the northwesterly right of way line of Cooper Lake Road, said iron pin being located at the
point of the beginning. Said tract containing 1.49 acres more or less.
RESOLUTION
EMERGENCY 911 TELEPHONE SERVICE
WHEREAS, the City of Smyrna is operating an enhanced 911 system which facilitates
the dispatching of emergency services to the residents of Smyrna; and
WHEREAS, the City of Smyrna has imposed and collected a monthly 911 charge of
$1.50 from telephone subscribers within the area served by such system; and
WHEREAS, the City of Smyrna has established a separate restricted revenue fund into
which the 911 charges are deposited; and
WHEREAS, these funds alone are not sufficient to pay for the operation of the enhanced
911 system; and
WHEREAS, the City of Smyrna must annually reaffirm the need for the $1.50 911
charge on telephone subscribers;
NOW, THEREFORE, BE IT RESOLVED that the City of Smyrna City Council, by
resolution, reaffirm the necessity for the $1.50 911 charge on telephone subscribers
served by the enhanced 911 system for the fiscal year.
Passed this a id day o , 2002.
A. Max Bacon, Mayor
ATTEST:
0,50
Susan D. Hiott, City Clerk
SUNTRUST
CORPORATE RESOLUTION AND CERTIFICATE Or INCUIMMENCY
(Commercial Credit Card Account)
I, Susag D Ki o hereby certify that I am the i C r and custodian of the
records of Cj tv of SmyrnA (legal name of corporation), a corporation duly organized
CA existing under the laws of ; that the following is a am and corTeSj copy of certain
onsolutions duly by the Board of irectots of said corporation at a muting duly held on day of
�(�t which a quorum was prrsent: and that the following resolutions are in conformity with the
amr and by-laws of said corporation and have not since been rescinded or nuxtifictl.
RESOLVED, that this corporation enter into a commercial credit card account relationship with SunTnhst BankCard,
N.A. ('Bank'); that any one of the officers of this corporation listed below be and is hereby authorized to eater into,
execute and deliver in the name of and on behalf of the corporation the agreements, documents or other inscrumems
deemed reasonable or necessary to establish the commercial credit card account relationship with Bank; and that this
corporation shall be bound by the terms and conditions of said agreements, doaurtenrs or other instruments_
RESOLVED FURTHER, that the corporation shall Punish to Bank a crrrified copy of these resolutions, which
resolutions shall contmoe in full force and effect until written notice of the rescission or modification of the same has
been received by Banic and to furnish said Rank the frames and specimen signatures of the officer(s) named herein.
and such persons from time to time holding the above positions.
I hereby certify that the following are the names and specimen sigmtutr:s of the officer(s) listed in the foregoing
resolutions and that each presently holds the title indicated therein: /
Name
A Mag Bacon
Jim Hawkins
Susan Hiott
rule
.�I`1ayor
Mayor Pro-Tem
City Clerk
Charles "Pete" Wood Council Membez
IV Wi'ITW—RS WHEREOF, I have hereunto suhscrilwd my name and affixed the seal of said corporation this
Ord day
City of Smyrna
(legal mrporuion) . �� .
(Corporart Sal)
By:
Susan D. Hiott
Title: City Clerk (770) 319-5303
The following Mvkh l(s) have been authorized to perform the dories of a program manager on behalf of the
corporation and is atrthotized to maintain the account as deemed necessary by the corporation:
Name h' it, Position Signature
SITKNus,r 'VISA Corporate Card Mgjfltgna= Form
NAME OF COMPANY:
TYPE OF REQUEST:
City of Smyrna
❑ New Account ❑ Delew Accoum
M Change Ex'isring Account # 4266 2745 0000 6624
ACCOUNT INFORMATION CHANGED:
13 Name ❑ Address ❑ Account Code
❑ Monthly Credit Limit ❑ Single Transaction Limit
Q Other
CARDHOLDER INFORMATION:
Please compiew only the approprtatc spies hele- to indicata chattseosl needed_
Susan D. Hiott
First Name Middle Initial Last Name (Toni of 2a Charactcm
So
Social Sccunry Number v) Chm2tacm Account Code Unit No.
6 3 30 (770) 319-5303
Home Phone Number t to Cturactcrsl Business Phone Number (10 Charsusers)
ylontNv Reconciliation Statement Address
City - Statc --- Zip (to charactraal
Monthly Credit Limit 0 . I I j Single Transaction Limit
Emgtoyee's Signature
Company Pwgram Manager's Signanire
leI4la7-
C-95203 Rev. 2112M