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08-19-2002 Regular MeetingAugust 19, 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 City Administrator Wayne Wright, City Attorney Scott Cochran, Deputy City Clerk Lee Miller, Finance Director Claudia Edgar, Human Resources Director Chris Corey, Fire Chief Larry Williams, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, City Engineer Ken Hildebrandt, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Council Member Wood, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon reminded those present. of the homestead exemption legislation for Smyrna residents on the ballot on August 20, and provided a brief explanation of the legislation's expected benefits. Mayor Bacon recognized Mr. Jack Collins, who discussed his candidacy for Cobb County Commission Chairman, and asked those present for their support. Mayor Bacon recognized Mr. Buddy Darden, who discussed his candidacy for the U. S. Congress in the new I Vh District, and asked those present for their support. Mayor Bacon recognized Mr. Rob Teilhet, who discussed his candidacy for State House District 34, Post 2, and asked those present for their support. Mayor Bacon recognized Mr. Larry Burke, who discussed his candidacy for State Court Judge, and asked those present for their support. Mayor Bacon recognized Ms. Ginger Collins, who discussed her candidacy for the State senate, and asked those present for their support. Mayor Bacon recognized Mr. Gerald Rose, representing file New Order, who reminded those present about a New Order meeting in Marietta on August 28. Mr. Rose encouraged those present to attend. Mayor Bacon recognized Ms. Ellen Adams, representing the Smyrna Swim Team. Ms. Adams stated the Smyrna Swim Team had record participation this year, and introduced some of the young participants. Mayor Bacon recognized Mr. Jimmy Flanagin, who discussed his candidacy for the State senate, and asked those present for their support. Mayor Bacon recognized Mr. Floyd Millis, who expressed his views regarding budgeting and expenditures. Mayor Bacon recognized Ms. Sue Brissey, who expressed the view that sometimes tax increases are necessary and warranted. MAYOR'S REPORT: Mayor Bacon stated that agenda. item 4 (C) will be tabled until a subsequent time, and that item 4 (L) will be added regarding a sign variance for the Market Village proiect. PUBLIC HEARINGS: (A) Charter Amendment — Redistricting Plan of the Seven Wards of the City of Smyrna Mr. Wright stated the redistricting is needed to establish a new ward map for the City, and that advertising requirements have been met. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mayor Bacon pointed out a map showing the new districts and stated that redistricting is required by law every ten years based on population figures. August 19, 2002 2 Council Member Wood stated the City has seven wards and that each ward should contain approximately the same number of people. MOTION: Council Member Wood made a motion to approve the redistricting plan for the seven wards of the City of Smyrna, and the motion was seconded by Council Member Lnenicka. Mayor Bacon expressed appreciation to Ms. Melinda Dameron, Ms. Linda Smith, and Mr. Cochran for the efforts they have put forth for this project. Motion was approved 7 — 0. (B) Approval of Annexation of Property — 24.0 Acre Tract — Land Lots 316,317,332, and 333, East/West Connector and Fontaine 1Zoad, 17°i District, 2 Section, Cobb County, Georgia — Cooper lake Limited Partnership Mr. Wright stated a public hearing for annexations is required by State law. Mr. Wright stated the subject property was zoned RAD Conditional at the August 5 Council meeting. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mayor Bacon recognized Mr. Kevin Moore, representing Cooper Lake Limited Partnership, who reported that the developer is working with a citizen, who expressed some reservations about the annexation and development at the last Council meeting, to address concerns raised by some residents in the affected area. Council Member Wood expressed appreciation to Mr. Moore for his efforts to cooperate with the members of the Cobb Land Trust and others to address concerns regarding the development of the property. MOTION: Council Member Wood made a motion to approve annexation of a 24 acre tract in Land Lots 316, 317, 332, and 333 in the 17"' District, 2" `1 Section, Cobb County into Ward 7 of the City of Smyrna with an eflbctive date of September 1, 2002. The motion was seconded by Council Member Lnenicka. Motion was approved 7 — 0. (C) Variance Request — Increase in Allowable Wall Sign Area — Advance Auto Parts — Atlanta Road and Spring Road Mr. Wright stated this request is for a sign 134.5 square feet in size, larger than the 45 square feet allowed under the "Zoning Code. Council Member Scoggins recognized Mr. Rick Zimmerman, representing ZZ Designs, and advised Mr. Zimmerman that City staff has been unable to contact anyone representing Advance Auto Parts for additional necessary information. Mr. Zimmerman stated he will be contacting City staff soon to resolve any remaining issues. MOTION: Council Member Scoggins made a motion to table a variance request for an increase in allowable wall sign area for Advance Auto Pats at Atlanta Road and Spring Road until the September 3 Council meeting. The motion was seconded by Council Member Newcomb. Motion was approved 7 — 0. (D) Variance Request — Reduction in Side Yard Setback — 2476 Carolyn Drive — William Kelly Mr. Wright stated the request is for reduction of the side yard setback from 10' to 4' for construction of a utility shed. Mr. Wright stated staff supports the request provided that the accessory building is similar in appearance to the principal residence in material and style and is not located within a nearby 20' utility easement. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Pritchett recognized Mr. William Kelly, and complimented Mr. Kelly for receiving several commendations from Keep Smyrna Beautiful for maintaining a clean and attractive residence. Mr. Kelly stated the variance is needed in order avoid cutting down some specimen trees on his property. Mr. Kelly stated the owners of the properties adjoining his have been notified of the proposed variance, and have expressed no objections. Council Member. Pritchett asked Mr. Kelly if the materials to be used for the accessory building will match the principal structure, and Mr. Kelly answered in the affirmative. Council Member Pritchett stated there is a 20' utility easement at the rear of the subject property, and that Mr. Kelly will have to submit a letter to the City requesting the City to abandon this easement. Council Member Pritchett asked Mr. Chris Miller if the letter requesting abandonment of the easement is submitted at the time the building permit is applied for, and Mr. Miller answered yes. August 19, 2002 MOTION:, Council Member Pritchett made a motion to approve a variance request for a reduction in side yard setback at 2476 Carolyn Drive for William Kelly, and the motion was seconded by Council Member Cramer. Motion was approved 7 — 0. (E) Variance Request — Reduction in Front Yard Setback — 5037 Duxford Drive — Ryland Homes Mr. Wright stated the subject of the request is a triangular shaped lot. Mr. Wright stated the minimum required front yard setback is 15' and a request has been made to reduce the setback to 10.9' to accommodate a larger structure on the lot. Mr. Wright stated that staff supports this variance request. Mayor Bacon asked if a representative from Ryland Homes was present, and there was no response. MOTION: Council Member Wood made a motion to table the request from Ryland Homes for a reduction in front yard setback at 5037 Duxford Drive until the September 3 Council meeting, 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. (F) Variance Request - Reduction in Rear Yard Setback — Spring Road, Former Site of Piccadilly Cafeteria — ALDI, Inc. Mr. Wright stated there are five variances requested for this proposed construction. Mr. Wright stated the applicant plans to demolish the existing building and build a new one, and for this reason the variances are needed. Mr. Wright stated the first variance request is for reduction of the minimum rear yard setback from 100' to 25'. Mr. Wright stated the second variance request is for reduction of the minimum side yard setback from 35' to 10'. Mr. Wright stated the third variance request is for reduction of the required number of parking spaces from 163 to 97. Mr. Wright stated the fourth variance request is for reduction of the required landscape buffer fronting Spring Road from 15' to 10'. Mr. Wright stated the fifth variance request is for an increase in the size of the sign from 32 square feet to 76 square feet. Mr. Wright stated staff supports these proposed variances. Mayor Bacon recognized Mr. Robert Ochs, representing ALDI Foods (AF), who introduced consulting engineer Mr. Brian Russell, and Mr. Kurt Buttle from Trammell and Crow. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Mr. Ochs stated that a Cobb County water main easement is at the rear of the subject property, making a variance for a reduction in rear yard setback requirements necessary. Mr. Ochs stated a reduction in the required minimum side yard setback is needed to place the building at its proposed location on the property. Mr. Ochs stated the proposed reduction in the number of parking.spaces is in line with the number of spaces used at other AF locations. Mr. Ochs stated the reduction in the minimum required landscape buffer is needed because the building cannot be moved farther to the back of the property because of the utility easements at the rear. Mr. Ochs stated the proposed sign will actually be smaller than the existing sign. Mr. Ochs stated the proposed sign will be a monument -type sign with limestone caps. Mayor Bacon asked Mr. Ochs to explain what type of stores AF operates. Mr. Ochs stated AF is a German private company that opened its first store in the United States around 1975. Mr. Ochs stated there are about 650 ALDI stores in 23 states in this country. Mr. Ochs stated AF stores are limited assortment stores stocking about 600 to 700 high -turnover items. Mr. Ochs stated about 90% of AF goods are private -label items that are some 25% to 48% cheaper than similar brand -name items, and are comparable in quality. Mr. Ochs stated that AF stores are attractive structures with brick on four sides and quarry tile floors. Mr. Ochs stated that the proposed store will only receive about six truck deliveries per week and that it will be closed on Sundays. Mr. Ochs stated nothing is produced on -site, and that all goods arrived pre -packaged and pre -weighed. Mr. Ochs stated that, because of the nature of AF operations, refuse and spoilage is minimal. Mr. Ochs described various cost-cutting AF policies, such as charging customers for shopping bags. Mr. Ochs stated the configuration of the proposed building is based on the restrictions of the site. Council Member Pritchett asked Mr. Ochs if it is correct that AF does not sell alcohol or tobacco items, and Mr. Ochs answered in the affirmative. Council Member Pritchett expressed appreciation to Mr. Ochs and other AF associates for working with the City staff to resolve various problems attendant to planning for the construction of the proposed building. Council Member Pritchett stated the new August 19, 2002 4 ALDI store will be much better than the empty building currently at the site, and that there is a need for this type of grocery store in Ward 1. Mr. Ochs pointed out that the proposed construction will increase the amount of pervious area at the site by 10%. Mayor Bacon recognized Ms. Ann Henderson, who owns the nearby Petal Pusher Flower Shop and the small shopping center next door to the subject location. Ms. Henderson expressed concern regarding the reduction in the number of parking spaces that is planned. Ms. Henderson stated that when the now -defunct Piccadilly Cafeteria was operating, Piccadilly customers sometimes used the parking spaces at her complex when there was insufficient parking at the restaurant. Ms. Henderson stated she is concerned that ALDI customers may do the same thing if the reduced number of parking spaces at that location proves to be inadequate. Ms. Henderson stated she must be able to guarantee her tenants a certain amount of customer parking space. Ms. Henderson also stated there is no traffic light at the exit location at her shopping complex, and that persons attempting to make left turns sometimes create traffic congestion there. Ms. Henderson suggested the applicant might consider some type of lane connecting the two sites; Ms. Henderson stated this might help alleviate some of the traffic problems by allowing motorists to access the exit lane near the traffic light on the AF property. Council Member Pritchett stated that ALDI's statistical data indicates that heavy demands on parking space are not likely to occur. Council Member Cramer stated that the connecting lane suggested by Ms. Henderson would be a cross easement which would have to be granted by ALDI. Council Member Lnenicka stated that, from a public safety standpoint, access to a traffic signal may make sense because motorists turning right from AF at the same time motorists are turning left from Ms. Henderson's complex could meet in the street. Council Member Pritchett stated that a cross easement might aggravate the perceived problem of customers from the adjacent business using Ms. Henderson's parking spaces. Ms. Henderson stated it is her preference that the number of parking spaces not be reduced. Council Member Pritchett stated that an easement has been granted to AF from the nearby McDonald's Restaurant, and that the right entrance to AF will be an entrance -only lane and the left access lane to AF will be an exit -only lane with a traffic control signal. Ms. Henderson acknowledged that the new ALDI store will be a good addition to the area. Mr. Ochs stated that grocery customers with carts will probably not want to park a long distance from the grocery store. Council Member Lnenicka asked Mr. Ochs if Ms. Henderon's request for a cross easement for a lane to connect the two sites might be considered, and Mr. Ochs stated that ALDI's staff would have to review any such proposal. Mr. Russell stated there appears to be possible safety problems associated with a lane connecting the two properties. Council Member Lnenicka asked Mr. Ochs if any additional design elements might be possible for the new building to prevent it from being too nondescript. Mr. Ochs stated that design elements in the form of pilasters have already been incorporated into the building design. MOTION: Council Member Pritchett made a motion to approve a variance request for reduction in minimum required rear yard setback from 100' to 25' for ALDI, Inc. for the ALDI site on Spring Road, and the motion was seconded by Council Member Wood. Motion was approved 7 — 0. (G) Variance Request - Reduction in Side Yard Setback — Spring Road, Former Site of Piccadilly Cafeteria — ALDI, Inc. MOTION: Council Member Pritchett made a motion to approve a variance request for reduction in minimum required side yard setback from 35' to 10' for ALDI, Inc. for the ALDI site on Spring Road, and the motion was seconded by Council Member Newcomb. Motion was approved 7— 0. (H) Variance Request - Reduction in Required Number of Parking Spaces — Spring Road, Former Site of Piccadilly Cafeteria — ALDI, Inc. MOTION: Council Member Pritchett made a motion to approve a variance request for reduction in minimum required number of parking spaces from 163 to 97 for ALDI, Inc. for the ALDI site on Spring Road, and the motion was seconded by Council Member Newcomb. Motion was approved 7 — 0. 11 ` , 'i' (I) Variance Request - Reduction in Minimum Required Landscape Buffer — Spring Road, Former Site of Piccadilly Cafeteria — ALDI, Inc. MOTION: Council Member Pritchett made a motion to approve a variance request for reduction in minimum required landscape buffer from 15' to 10' for ALDI, Inc. for the ALDI site on Springs:, Road, and the motion was seconded by Council Member Wood. Motion was approved 7 0.. . (J) Variance Request — Increase in Allowable Sign Area — Spring Road, Former Site of Piccadilly Cafeteria —ALDI, Inc. € =�►:r' , August 19, 2002 5 MOTION: Council Member Pritchett made a motion to approve a variance request for an increase in allowable sign area to 76 squard,feef'for ALDI, Inc. for the ALDI site on Spring Road, and the motion was seconded by Council Member Hawkins. Motion was approved 7 — 0. (K) Variance Request — Reduction in Rear Yard Setback — 3090 Old Cabin Lane — Beth McClurg Mr. Wright stated this is a residential parcel in a subdivision with a conditional zoning with a minimum rear yard setback of 30'. Mr. Wright stated the applicant is requesting a reduction in the rear setback to 17' in order to construct a screen porch. Mr. Wright stated staff supports the request provided that the screened porch is built in accordance to the plans submitted. Mayor Bacon recognized Ms. Beth McClurg. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Ms. McClurg stated she would like to have a screened porch to provide shade and shelter for her two dogs, and for her own protection against insects and the danger of West Nile virus. Council Member Newcomb stated the owners of the adjoining properties have been notified concerning the proposed variance. Ms. McClurg stated the porch will only extend two feet beyond the existing patio. Ms. McClurg stated the porch has been designed by an architect, and that it will be built in compliance with codes and properly inspected. MOTION: Council Member Newcomb made a motion to approve a variance request for a reduction in rear yard setback at 3090 Old Cabin Lane for Beth McClurg, and the motion was seconded by Council Member Hawkins. Motion was approved 6 — 0. Council Member Pritchett was not present at the time of the vote. Mayor Bacon stated a variance request for signs at the Market Village has been advertised for public hearing at the present meeting. Mr. Wright stated the Sign Code restricts signs to''/2 square foot for every foot of building frontage. Mr. Wright stated the proposed sign package for the Market Village has been approved by the Downtown Development Authority and reviewed by the Sizemore Group. Mr. Wright stated that staff supports the request provided that Mike Sizemore's comments are incorporated into the final drawings. *Council Member Wood made a motion to suspend the rules to add an item to the agenda, and the motion was seconded by Council Member Lnenicka. Motion was approved 7 — 0. *Council Member Hawkins made a motion to add item 4(L) to the agenda for the purpose of discussing signs for the Market Village, and the motion was seconded by Council Member Cramer. Motion was approved 7 — 0. *(L) Variance Request — Increase in Maximum Allowable Sign Area for the Market Village Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mayor Bacon recognized Mr. G. K. Johnson. Mr. Johnson stated the proposed variance will enable the builder to make signs that will fit the architectural details of the buildings and give some uniformity to the overall appearance of the signs. Mr. Johnson showed those present some illustrations of the proposed sign designs as they will appear on their respective buildings. Mr. Johnson stated all the Market Village businesses are locally -owned. MOTION: Council Member Wood made a motion to approve a variance for increase in maximum allowable sign area for the Market Village as presented by Mr. Johnson, and the.motion was seconded by Council Member Cramer. (Clerk's note: The sign stipulations are appended hereto as Attachment A) Mayor Bacon recognized Messrs. Wayne White and Jamie Killingsworth, principals of the Moe's Southwestern Grill franchise planned for the Market Village. Mr. Killingsworth stated Moe's Southwestern Grill is a great concept and lie is very excited about opening this business. Mr. White stated he is happy about having this business in Smyrna. Motion was approved 7 — 0. FORMAL BUSINESS: (A) Approval to Set Millage Rate for 2002 August 19, 2002 Mr. Wright stated the proposed millage rate is 9.85 mills, a reduction from last year's rate of 10.10 mills. Mr. Wright stated all required public hearings have been held. Council Member Wood stated four hearings have been conducted as required by State law when the proposed rate is higher than the rollback rate of 8.997 mills. Council Member Wood stated the proposed rate is actually a reduction in the amount Of mill. Council Member Wood stated the City's millage rate has been reduced or remained unchanged for eleven consecutive years. Council Member Wood provided an overview of the way the City's finances are structured. Mayor Bacon acknowledged that a lot of money has been spent on downtown revitalization, but that the City is expected to realize many benefits in the future from these expenditures. Mayor Bacon stated that reassessments on many commercial properties are being appealed, and its is difficult to assess the impact of these appeals on collections. Mayor Bacon stated that increases in insurance premiums have also posed a budgetary challenge. Council Member Hawkins stated the Council has tried to establish the City's tax rate in a responsible manner, and stated he is hopeful tax rate increases can be avoided in the next few years. Council Member Pritchett stated that working on the Budget Committee has given her a better understanding of the City's operations. Council Member Cramer stated the City manages its finances well, and that Ms. Edgar and other City management personnel continue to perform their duties well. Council Member Scoggins commended Council Member Wood for his contributions to the favorable outcome of the City's budget process, and cited Council Member Wood's experience in the banking industry as a source of his expertise. Council Member Newcomb stated he will support adoption of the proposed millage rate. Council Member Newcomb commented favorably about the City's management staff, and stated that Ms. Edgar has received numerous government finance officer's awards. Council Member Newcomb stated that the results of City's audits have been consistently positive, and that the City maintains favorable bond ratings. Council Member Lnenicka stated he will support the proposed budget. Council Member Lnenicka stated that management of growth will continue to pose a challenge to the City's leadership, and that revenue freezes do not freeze expenses. Council Member Lnenicka stated that the need for revenues should not drive a city's plans for growth, and that controlling costs will continue to be a point of focus. The measure was approved by a vote of 7 — 0. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of August 5, 2002 Minutes (B) Replacement of Defibrillators — hire Department Replacement of the live units is included in the current year's budget. The source of the defibrillators is a sole source vendor. (C) Bids Request — Contract Unit Pricing for Open Cut Water and Sewer - Public Works Department (PWD) This will allow competitive pricing for installation of water and sewer systems by the open cut method. (D) Bids Request - Contract Unit Pricing for Pipe Burst Method for Sewer — PWD This will allow competitive pricing for installation of sewer mains using the pipe burst method. (E) Bids Request — Contract Unit Pricing for Pipe Lining Sewer and Storm Sewer — PWD This will allow competitive pricing for installation of sewer mains using the pipe lining method. (F) Bids Request — Replacement of 163 Linear Feet of Sewer Main — PWD This request is for replacement of a section of worn sewer main on Clifton Road. (G) Approval for Use of Contract Unit Pricing - Water Main Extension - PWD This request is for extension of 540 feet of water main on Concord Road. (H) Approval for Use of Contract Unit Pricing - Water Main Replacement - PWD ` This request is for replacement of 980 linear feet of 6" water main on McCauley Road between Concord Road and Valley Drive. ` °' August 19, 2002 7 (I) Approval for Use of Contract Unit Pricing - Water Main Replacement - PWD This request is for replacement of 520 linear feet of galvanized 2" water main on Davenport Street from Argo, south to the dead-end. (J) Approval for Use of Contract Unit Pricing - Water Main Replacement - PWD This request is for replacement of 910 linear feet of galvanized 2" water main on Hawthorne Avenue between Matthews Street and Davenport Street. (K) Approval for Use of Contract Unit Pricing - Water Main Replacement - PWD This request is for replacement of 920 linear feet of 6" water main on Trailwood Drive between Kennesaw Drive and Wooddale Drive. (L) Approval of Additions to Policy/Procedure Statement for Sewer Back-ups - PWD Addition of item 7 is proposed to provide incentive and procedures for property owners to install sewer backwater valves. MOTION: Council Member Cramer made a motion to approve the consent agenda, and the motion was seconded by Council Member Wood. Motion was approved 7 — 0. COMMITTEE REPORTS: Mayor Bacon reminded those present of the election on August 20 and the homestead exemption legislation approval measure for Smyrna residents which will also be on the ballot. Mayor Bacon stated that Ms. Sophie King, a Smyrna resident, passed away recently and will be missed. Mayor Bacon stated that on August 26 there will be a Northwest Connectivity Study meeting sponsored by GRTA at the Community Center. Council Member Pritchett recognized Mr. Ciaccio, who reported that the Fall/Winter Activity Schedule is available at the Community Center and will be distributed to students at the local schools. Mr. Ciaccio stated there will be a free concert on September 13 by the U.S. Army Jazz Guardians at the Community Center. Mr. Ciaccio provided an update on park improvements. Council Member Pritchett recognized Mr. Seigler, who provided statistics regarding library usage and attendance. Mr. Seigler reported that use of City library facilities continues its upward trend. Mr. Seigler reported that a new children's services librarian has been hired. Council Member Pritchett recognized Ms. Bennett, who reported the Spice of Life Festival is scheduled for September 14, and the grand opening for the Market Village is scheduled to coincide with the Jonquil Fall Festival on October 26. Ms. Bennett stated that some 20,000 people are believed to have attended the City's Birthday Celebration. Council Member Pritchett reminded those present about the election and the vote on the homestead exemption for Smyrna residents on August 20. Council Member Newcomb recognized Mr. Corey, who reported that recruitment for police officers and firefighters, both entry-level and certified, is in progress. Mr. Corey provided a summary of other positions for which the City is recruiting. Council Member Newcomb reminded those present about the election on August 20 and the homestead exemption legislation approval measure for Smyrna residents which will also be on the ballot. Council Member Scoggins recognized Chief Hook, who provided details ofthe June, 2002 crime statistics in the City of Smyrna. Council Member Scoggins commended Chief Hook and other City public safety personnel for the skillful manner in which the crowds and traffic were handled during the City's Birthday Celebration. Council Member Scoggins recognized Chief Williams, who provided details of planned commemorative events for the upcoming September 11 anniversary. Council Member Scoggins commended Chief Williams and other fire department personnel for their efforts during the City's Birthday Celebration. Council Member Scoggins expressed regrets about the loss of Ms. Sophie King and Ms. Blanche Dobbs. Council Member Hawkins encouraged those present to vote in the election on August 20. August 19, 2002 g Council Member Cramer recognized Ms. Kirk, who reported that on August 24 there will be an open house at the Teachers' Supply Storehouse on Glover Street. Ms. Kirk explained that discarded materials are collected here and furnished to teachers for classroom use at no cost. Ms. Kirk stated the Work Glove Lunch will be held on August 28 for the City's outdoor workers, and that $2,500 worth of door prizes have been gathered for the event. Ms. Kirk reported that the Rivers Alive clean-up event is scheduled for October 5. Council Member Cramer recognized Mr. Stokes, who provided details about paving, repair and improvement projects around the City. Mr. Stokes reminded those present that wood mulch will be available free of charge to citizens while supplies last. Council Member Hawkins stated that the amount of right-of-way contractors have been allowed to use in the area of the sewer outfall project near Northview Place seems to be substantial. Council Member Hawkins stated that a representative of the City acquired the easements there, and that if a citizen's back yard is disturbed by this recent work, then the City of Smyrna should restore that yard to the condition it was in before the sewer work was done. Council Member Hawkins stated it may not be a good idea to allow contractors to use an open ditch as they are doing in the Northview Place area, even if it is the most economical method for them to use. Council Member Hawkins stated less right- of-way area would be used if other methods were employed, and that less intrusive methods would generate less land disturbance. Mr. Stokes stated efforts will be made to correct any problems caused by this project. Mr. Stokes stated that some of the items on the current date's consent agenda relate to some alternative methods the Public Works Department plans to start using. Council Member Cramer stated that a block party and clean-up project are planned in Ward 5 when the weather becomes cooler. Council Member Lnenicka called upon Mr. Chris Miller for a departmental report, and Mr. Miller provided current statistics for construction and permit costs. Council Member Lnenicka stated he will meet with the Ivy Glen residents on August 22 to discuss some proposed rezoning and developments in that area. Council Member Lnenicka expressed appreciation to Ward 6 Planning and Zoning Board representative Don Mitchell for meeting with the Ivy Glen residents recently. Council Member Lnenicka reminded those present of the election on August 20, and encouraged those present to support the democratic process by voting. Council Member Wood recognized Ms. Edgar, who commended Human Resources/Finance Department employee Bobbi Ogletree for receiving the Outstanding Member Award from the Governmental Purchasing Association of Georgia. Ms. Edgar reminded those present that water use restrictions are still in effect. Ms. Edgar reported that auditors will be in the City offices in the near future for a period of about two weeks. Council Member Wood commended Ms. Edgar and other City management personnel for their diligence. Council Member Wood reminded those present of the election on August 20 and the homestead exemption legislation approval measure for Smyrna residents which will also be on the ballot. Mr. Wright reminded those present that the next Council meeting will be on Tuesday, September 3, because of the Labor Day holiday. CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 10:07 p.m. August 19, 2002 A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK f O%o RON NEWCOMB, WARD 2 DAMES M. HAWKINS, WARD 4 IZL a �� 4d-rll-� CHARLES PETE WOOD, WARD 7 August 19, 2002 10 ATTACHMENT A MARKET VILLAGE VARIANCES Store Name Location/Elevation Max. s.f. Moe's Southwest Grill Atlanta Road 24 Moe's Southwest Grill W. Spring Street 31.5 Atkins Park W. Spring Street 36.75 Atkins Park Bldg. Rcar 36.75 "Lucca Pizzeria W. Spring Street 48 Zucca Pizzeria Atlanta Road 30 Village Tavern (Arch) W. Spring Street 45 Cafd Michael (Oval) W. Spring Street ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number 2002-1: Land Lot 316, 317, 332 & 333 Acres 24.0 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Artic_le 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 August 19, 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 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 19th day of August, 2002. A. Max Bacon, Mayor Susan D. Hiott, City Clerk City of Smyrna Scott A. Cochran, City Attorney City of Smyrna ORDINANCE 2002-13 Exhibit "A" All that tract or parcel of land lying and being in Land Lots 316, 317, 332, and 333, of the 17`h District, 2"d Section, City of Smyrna, Cobb County, Georgia, and being 24.0 acres as shown on survey of Fontaine Estates, dated June 3, 2002, prepared by BH & D Engineering, Inc., and being more particularly described as follows: Beginning at a point located on the southerly right of way of East-West Connector, which point is 480 feet westerly as measured along the southerly right of way of East-West Connector, from the intersection of the southerly right of way of East-West Connector with the westerly right of Fontaine Road (if said rights of way were extended to form a point): thence running south 22 degrees 18 minutes 09 seconds east for a distance of 215.94 feet to a point; thence running south 04 degrees 48 minutes 35 seconds east for a distance of 172.82 feet to a point and corner; thence running south 82 degrees 12 minutes 12 seconds east for a distance 186.83 feet to a point and corner; thence running south 46 degrees 56 minutes 21 seconds east for a distance of 61.42 feet to a point and corner; thence running south 78 degrees 47 minutes 25 seconds east for a distance of 139.64 feet to a point and corner located on the westerly right of way of Fontaine Road; thence running in a southerly direction as measured along the westerly right of way of Fontaine Road the following courses and distances: along the arc of a curve, an arc distance of 101.43 feet(said arc being subtended by a chord bearing south 12 degrees 00 minutes 31 seconds west, a chord distance of 101.42 feet, and having a radius of 1,708.40 feet) to a point; south 13 degrees 42 minutes 34 seconds west, for a distance of 539.51 feet to a point and corner; thence running north 85 degrees 58 minutes 10 seconds west for a distance of 400.32 feet to a point; thence running north 85 degrees 57 minutes 45 seconds west for a distance of 388.38 feet to a point; thence running north 82 degrees 40 minutes 49 seconds west for a distance of 159.09 feet to a point and corner; thence running north 26 degrees 47 minutes 33 seconds west for a distance of 135.72 feet to a point and corner; thence running north 01 degree 40 minutes 57 seconds east for a distance of 106.97 feet to a point; thence running north 18 degrees 01 minutes 11 seconds east for a distance of 149.85 feet to a point; thence running north 27 degrees 18 minutes 17 seconds east for a distance of 187.30 feet to a point; thence running north 43 degrees 30 minutes 36 seconds east for a distance of 190.11 feet to a point and corner; thence running north 17 degrees 29 minutes 16 seconds east for a distance of 126.01 feet to a point and corner; thence running north 42 degrees 30 minutes 49 seconds east for a distance of 148.26 feet to a point and corner located on the southerly right of way of East-West Connector; thence running north 85 degrees 11 minutes 25 seconds east as measured along the southerly right of way of East-West Connector for a distance of 508.74 feet to the point of beginning.