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10-07-2002 Regular MeetingOctober 7.2002 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 Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Chris Miller, and representatives of the press. Invocation was given by Council Member Hawkins, followed by the pledge to the flag. CITIZENS INPUT/SPECIAL RECOGNITION: Mayor Bacon recognized Mr. Curt Johnston, who introduced Ms. Barbara Jackson, Assistant Principal Alicia White, and students from Griffin Middle School. The students presented the character theme words for the month of October. Mayor Bacon recognized Dr. Phil Gingrey, who discussed his candidacy for the U.S. Congress, and asked those present for their support. Mayor Bacon recognized Mr. David Garrison, who discussed his candidacy for the District 2, Cobb County Board of Education post, and asked those present for their support. Mayor Bacon recognized Mr. Curt Johnston, who discussed his candidacy for reelection to the District 2, Cobb County Board of Education post, and asked those present for their support. Mayor Bacon recognized Mr. John Noel, who discussed his candidacy for the State House of Representatives, and asked those present for their support. Mr. Noel also spoke on behalf of Mr. Terry Johnson, a candidate for the State Senate who could not be present. Mayor Bacon recognized Mr. Bill Lnenicka, who provided details of the dedication ceremony for the Veterans Memorial planned for October 12. Mayor Bacon recognized Mr. Floyd Millis, who expressed views regarding tax allocation districts. Mayor Bacon recognized Mr. .Jimmy Flanagin, who expressed thanks to those persons who supported his recent campaign for public office. Mr. Wright stated a brochure containing details about the Redevelopment Powers Act and an upcoming vote pertaining to this matter has been published by the City and will be sent out in citizens' water bills. Mayor Bacon recognized Ms. Ginger Collins, who discussed her candidacy for the State Senate, and asked those present for their support. MAYOR'S REPORT: Mayor Bacon reported that agenda items 114E and 1140 have been withdrawn. PUBLIC HEARINGS: (A) Rezoning Request — 36.6 Acre Tract in Land Lots 55, 56, 613 and 684 - Cobb County R- 20 (SFR) and RM-8 (MFR) and City of Smyrna R-15 (SFR) to TD-Conditional (Townhouse Development) — Eagle Real Estatc Advisors Mayor Bacon stated this is a public hearing and asked for public comment, and.the oath was administered to at least two persons by Mr. Cochran. Mayor Bacon recognized Mr. Garvis Sams, the attorney representing Eagle Real Estate Advisors (EREA). Mr. Sams provided details about a letter articulating EREA's agreement to convey to the City a recreation easement. Mr. Sams suggested that tabling the measure may be necessary to allow more time to resolve additional details. Mr. Wood recognized Mr. Miller, and Mr. Miller stated that placing this matter in abeyance for further review is advisable. Mayor Bacon asked Mr. Sams if tabling the rezoning request until a subsequent meeting would be acceptable, and Mr. Sams answered in the affirmative. Council Member Lnenicka expressed appreciation to Mr. Sams for his efforts in resolving various questions regarding the rezoning. Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, who stated that two questions regarding the proposed rezoning were discussed at the September meeting, i.e., October 7, 2002 2 whether two -car garages will be allowed and whether occupancy by owners will be required. Ms. Barnes presented a petition which she stated was from some residents in the affected area setting forth a request that the Council uphold the stipulations formulated for this rezoning by the Planning and Zoning Board (PZB). Mayor Bacon recognized Ms. Roberta Cook, residing at 5911 Graywood Circle, who stated that green,yace would make a nice balance to the park near the subject area. Ms. Cook commended EREA for earmarking 14 acres of land for use as greenahuce, and presented a petition from nearby residents requesting preservation of some undeveloped land in the affected area. MOTION: Council Member Wood made a motion that item #4A, rezoning request for a 36.6 acre tract in Land Lots 55, 56, 613 and 684 from Cobb County R-20 (SFR) and RM-8 (MFR) and City of Smyrna R-15 (SFR) to TD-Conditional ("I'ownhouse Development) for Eagle Real Estate Advisors, be tabled until the October 21, 2002 Council meeting. The motion was seconded by Council Member Cramer. Motion was approved 7 — 0. (B) Land Use Change Request — 36.6 Acre "Tract in Land Lots 55, 56, 613 and 684 —Low Density Residential to Medium Density Residential - Eagle Real Estate Advisors MOTION: Council Member Wood made a motion that item #413, land use change request for a 36.6 acre tract in Land Lots 55, 56, 613 and 684 from Low Density Residential to Medium Density Residential for Eagle Real Estate Advisors, be tabled until the October 21, 2002 Council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 — 0. (C) Approval of Application for Annexation — 24.450 Acre Tract — Land Lot 613,17"' District, 2"d Section, Cobb County, Georgia, Oakdale Road — Kevin Mendelsohn MOTION: Council Member Wood made a motion that item 114C, approval of application for annexation for a 24.450 acre tract in Land Lot 613,17"' District, 2" d Section, Cobb County, Georgia, Oakdale Road for Kevin Mendelsohn, be tabled until the October 21, 2002 Council meeting. 'The motion was seconded by Council Member Cramer. Motion was approved 7 — 0. (D) Approval ol' Application for Annexation — 6.0 Acre Tract — Land Lot 55, 18d' District, 2"d Section, Cobb County, Georgia, Oakdale Road —Thelma Merck MOTION: Council Member Wood made a motion that item 114D, approval of application for annexation for a 6.0 acre tract in Land Lot 55, 18d' District, 2"d Section, Cobb County, Georgia, Oakdale Road for Thelma Merck, be tabled until the October 21, 2002 Council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 — 0. (E) Approval of Application for Annexation — 2.2 Acre Tract — Land Lot 621, 17d' District, 2" d Section, Cobb County, Georgia, South Cobb Drive — Herbert Ruddell Mr. Wright stated the annexation for the subject property was approved at the September 3, 2002 Council meeting, but that review of the legal description of the property by the City Engineer disclosed inaccuracies. Mr. Wright stated that the process of validation and advertising,' using corrected legal description information, is being repeated to ensure compliance with State annexation law. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Lnenicka made a motion to approve the application for annexation for a 2.2 acre tract in Land Lot 621, 17d' District, 2"d Section, Cobb County, Georgia, South Cobb Drive for Herbert Ruddell, to become part of Ward 6 effective November 1, 2002. The motion was seconded by Council Member Wood. Motion was approved 7 — 0. (F) Variance Request — Church not in Free -Standing Building in GC Zoned Area - 560 Windy Hill Road —New Testament Church, Inc. Mayor Bacon stated that item 4F has been withdrawn at the applicant's request. (G) Approval of Application for Annexation — 1.1 Acre Tract — Land Lot 663, 170' District, 2"d Section, Cobb County, Georgia, Davenport Street — Gloria Aaron Mr. Wright stated that staff has reviewed this application for annexation, and determined that no creation of islands or other problems will be caused by annexation. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. October 7, 2002 3 MOTION: Council Member Scoggins made a motion to approve the application for annexation for a 1.1 acre tract in Land Lot 663, 17"' District, 2nd Section, Cobb County, Georgia, Davenport Street for Gloria Aaron to become a part of Ward 3. The motion was seconded by Council Member Newcomb. Motion was approved 7 — 0. (H) Rezoning Request - .77 Acre Tract from R-15 (SFR) to RAD Conditional — Land Lot 594 at Spring Street and Anderson Circle — Hatcher Homes, Inc. Mr. Wright stated the subject property is in a predominantly single-family residential area, and that construction of three single-family home is proposed for the subject property. Mr. Wright stated that the overall density for the site will be 3.8 units per acre, and that both staff and PZB support the proposed rezoning subject to several conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins commended Mr. E I Hatcher for his efforts to provide improved housing in areas of the City where it is needed. Mr. I-Iatcher provided a summary of the proposed guidelines the three houses will be built in accordance to. Council Member Scoggins read the following stipulations: 1. The development will maintain the following setbacks: Front — 25', Side — 5', Between buildings - 15' and Rear - 20' 2. The final plat for the development shall include an additional dedication of 5' on both Spring Street and Anderson Circle. 3. Each residence will be a minimum of 2,000 square feet in area and conform to the architectural renderings provided to the Planning and Zoning Board at its September 9, 2002 Meeting (see attached). 4. There shall be protective covenants on all lots. 5. Any necessary retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 6. All utilities within the development shall be underground. 7. The developer will comply with the City's current free ordinance and plans shall be submitted to the city for review and comment prior to construction. 8. The protective covenants shall be supplied to the City prior to the issuance of a building permit. 9. No debris may be buried on any lot or common area. 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 degree(] horticulturist for common areas and entrances. 12. Each lot shall have the following trees replanted per lot either: four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. 13. Developer shall provide a minimum of 20' undisturbed buffer along the frontages of streets outside the development. If for any reason, development and use of property approved in accordance with the procedure outlined above cannot be accomplished, such plans shall not be altered, changed, or varied, except after approval by the mayor and council. When conditional zoning has been granted, but no affirmative action to perform said conditions, or to obtain a building permit subject to such conditions [has been taken], and such status continues for 12 months after mayor and council approval of such conditional zoning, the property shall revert to its original status prior to such conditional zoning. October 7, 2002 4 MOTION: Council Member Scoggins made a motion to approve a rezoning request for a .77 acre tract from R-15 (SIR) to RAD Conditional for Land Lot 594 at Spring Street and Anderson Circle for Hatcher Homes, Inc. The motion was seconded by Council Member Newcomb. Motion was approved 7 — 0. (1) Land Use Change Request - .77 Acre "Tract I,ront Low Density Residential to Medium Density Residential - Land Lot 594 at Spring Street and Anderson Circle — Hatcher Homes, Inc. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council .Member Scoggins made a motion to approve a land use request for a .77 acre tract front Low Density Residential to Medium Density Residential at Land Lot 594 at Spring Street and Anderson Circle for Hatchcr Hontes, Inc. The motion was seconded by Council Member Pritchett. Motion was approved 7 — 0. (J) Variance Request — Reduction in Side Yard Setback — 1350 Roswell Street — Hatcher Homes, Inc. Mr. Wright stated the rezoning to RAD Conditional for the subject property included a requirement that all buildings maintain it ntiuinnutt 10' side yard setback. Mr. Wright stated the applicant proposes to reduce this setback to 8' to accommodate the type of home selected by a prospective purchaser. Mr. Wright stated that staff supports the proposed variance provided the applicant agrees to increase the Gont yard setback front 30' to 35'. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. Mayor Bacon recognized Ms. Eileen Brown, residing at 1360 Roswell Street, who expressed concerns about a reduction in distance between her residence and the proposed construction. Council Member Scoggins asked Ms. Brown if she is opposed to the proposed variance, and Ms. Brown answered in the affirmative. Council Member Cramcr asked if any measures, such as a landscape buffer, would possibly change her view, and Ms. Brown said no. Mr. Hatcher stated a miscalculation was made when a particular size and type of house plan was sold to a prospective buyer, and that this error has made a variance necessary. Mr. Hatcher stated construction on the new house has not commenced because the variance has not been approved. Mayor Bacon asked Ms. Brown if the front yard setback were increased to 35' if it would make the proposed variance more acceptable, and Ms. Brown stated it would. Mr. Miller stated the surveyor and Mr. Hatcher could meet with Ms. Brown at the subject location so that Ms. Brown can get a clearer view of the proposed placement of the new structure, and that the increase in front yard setback can be incorporated into the variance. MOTION: Council Member Scoggins made a motion to approve a variance request for a reduction in side yard setback front 10' to 8' for 1350 Roswell Street for Hatcher Homes, Inc., with the stipulation that the front yard setback be increased from 30' to 35'. The motion was seconded by Council Member Hawkins. Motion was approved 7 — 0. (K) Variance Request — Reduction in Sign Setback — 767 Concord Road — Sue and Wendell Dean Mr. Wright stated the Zoning Code requires free-standing signs in overlay districts to be set back a minimum of 15' from the right-of-way (ROW). Mr. Wright stated the applicant is requesting that the setback be decreased to 9' from the ROW. Mr. Wright stated staff supports the proposed' variance provided the sign is consistent with the drawings furnished by the applicant. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins recognized Mr. Wendell Dean. Mr. Dean explained that if the sign were to be installed according to the guidelines, the sign would be in the driveway of the subject location and not visible from the street. Mr. Dean explained it may be necessary to reduce the width of the proposed sign from 8' to 6'. Council Member Hawkins stated that a reduction in' ' sign width would be acceptable. " 1 , MOTION: Council Member Hawkins trade a motion to approve a variance request for a reduction in sign setback for 767 Concord Road for Sue and Wendell Dean. Council Member,,,; Hawkins stated the motion includes the stipulation that the sign be consistent with the drawings October 7, 2002 5 furnished by the applicant, and that any deviation from the represented design will have to be approved by Mr. Miller. The motion was seconded by Council Member Wood. Motion was approved 7 — 0. (L) Variance Request — Allowance of Existing Storage Structure to Remain in Front Yard Setback - 1141 Berkley Drive — Aram Blankenship Mr. Wright stated the Zoning Code prohibits accessory structures within the side yard setback, and that an existing building is located within the side yard setback on the subject premises. Mr. Wright stated staff does not recommend approval of the proposed variance. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. Council Member Wood asked Mr. Blankenship approximately how long the existing building has been on the subject premises, and Mr. Blankenship answered three years. Council Member Wood asked Mr. Blankenship if lie had a permit for the building at the time it was placed at the subject location. Mr. Blankenship stated lie contacted the City of Marietta, and was advised by that agency that his residence was in their jurisdiction and that it was permissible to install the building on his property. Council Member Wood asked Mr. Blankenship to explain any hardship conditions thought to be associated with the request, and Mr. Blankenship stated lie is a carpenter and needs the building for storage of tools. Council Member Wood asked Mr. Blankenship if he has considered placing the building in his back yard, and Mr. Blankenship stated the driver who delivered the building told him he could not take the building any farther back in the yard. Mayor Bacon recognized Mr. Tom Scott, residing at 1 122 Berkley Drive, who expressed concern that approval of this variance would set a precedent which could lead to a proliferation of such buildings, which he considers unsightly, in visible locations. Mr. Scott stated he is opposed to the approval of the variance. Council Member Wood asked Mr. Miller to provide background information on this variance Request. Mr. Miller stated a marshal observed the shed at the subject location, and conducted a check of records which disclosed the accessory building was not permitted. Mr. Miller stated Mr. Blankenship was contacted by the City and advised a variance would need to be applied for. Council Member Cramer asked Mr. Miller if the shed would he in compliance with regulations if placed in the back yard. Mr. Miller stated that the subject property is somewhat constrained by a utility easement in the rear. Mr. Miller stated it may he possible to put the shed in the back yard, but he is not certain. Mr. Miller stated staff does not support the variance request because the building is out of character with the rest of the neighborhood. Mr. Miller also stated that approval of the variance could set a precedent of putting accessory buildings in front yard setbacks, which should not be encouraged. MOTION: Council Member Wood made a motion to deny a variance request for allowance of an existing storage structure to remain in the fi•ont yard setback for 1 141 Berkley Drive for Aram Blankenship. The motion was seconded by Council Member Cramer. Motion was approved 7 — 0. (M) Variance Request — Reduction in Required Setback — 1529 Roswell Street — Belmont Development Mr. Wright stated the Zoning Code requires a 50' setback where non -residentially zoned property abuts residentially zoned property. Mr. Wright stated the applicant is requesting a reduction in setback to 25', and that staff supports the request provided that an appropriate landscape buffer is installed. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Ed I-lalcher, who explained that the proposed commercial -use structure will be built to loot: like a residential structure. Council Member Scoggins thanked Mr. Hatcher for demolishing two dilapidated structures which had been a nuisance in the subject area for some time. Mr. 1-latcher stated that the existing setback restrictions would limit construction on the property and would likely result in a structure that is not properly centered on the lot. Mr. Hatcher stated the variance, if approved, would result in a streetscape more consistent with the houses in the area. Mr. Hatcher stated lie had spoken to the owner of the adjoining property at 1559 Roswell Street, Mr. Bill Cadle, on the current date and that Mr. Cadle stated he does not oppose the variance. October 7, 2002 MOTION: Council Member Scoggins made a motion to approve a variance request for reduction in required setback from 50' to 25' for 1529 Roswell Street for Belmont Development. The motion was seconded by Council Membcr Flawkins. Mayor Bacon stated he also has spoken with Mr. Cadle and that he believes Mr. Cadle is not in opposition to this variance. Motion was approved 7 — 0. (N) Privilege License Request —'taxi Service —Taxi International, Inc. DBA International Taxi — 765-B Windy Hill Road — Agent and Ownership Change Mr. Wright stated that inquiry by the Smyrna Police Department (SPD) disclosed no information that would preclude issuance of the license, and that all other requirements for the issuance of a license appear to have been met. Council Member Cranier recognized Mr. Marco Meza. Mr. Meza stated he is the owner and applicant. Council Member Cramer advised Mr. Meza that repair and maintenance work on vehicles will not be allowed at the business location. Council Member Cramer advised Mr. Meza that his place ol' business is near a residential area, and that his employees must be considerate to the residents in the area and not create any noise -related disturbance. Mr. Cramer stated these instructions are stipulations upon which approval of the privilege license will be conditioned. MOTION: Council Member Cramer made a motion to approve a privilege license request for a taxi service for Taxi International, Inc. DBA International Taxi at 765-B Windy Hill Road with an agent and ownership change for Marco Meza, to include the stipulations given to Mr. Meza by Council Member Cramer. "file motion was seconded by Council Member Hawkins. Motion was approved 7 — 0. (0) Privilege License Request — Limousine Service — I" Choice Limousine Service — 4480 South Cobb Drive, Suite 104 — New Application Mayor Bacon stated this agenda item was withdrawn at the applicant's request. (P) Privilege License Request — Bail Bond Business — E-Z Release Bail Bonding Co. — 1262 Concord Road — New Application Mr. Wright stated that inquiry by the Smyrna Police Department (SPD) disclosed no information that would preclude issuance of this license, and that all other requirements for the issuance of a license appear to have been met. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Flawkins recognized Ms. Elaine Eason, the applicant. Council Member Hawkins asked Ms. Eason if she has experience in the bail bonding business, and Ms. Eason answered no. Council Member Hawkins asked Ms. Eason if she is the business owner, and Ms. Eason answered yes. Council Member Hawkins asked Ms. Eason if she has any employees, and Ms. Eason answered no. Council Member Hawkins asked Ms. Eason if she has read the City ordinances pertaining to bail bonding businesses, and Ms. Eason answered in the affirmative. MOTION: Council Member Hawkins made a motion to approve a privilege license request for a bail bond business for E-Z Release Bail Bonding Co. at 1262 Concord Road with Elaine Eason as the owner and agent. The motion was seconded by Council Member Scoggins. Motion was approved 7 — 0. (Q) Variance Request — Accessory Structure Above Allowed Limit — 2570 Carolyn Drive — John Penninger Mr. Wright stated the Zoning Code limits the number of accessory structures to one per lot, and that a free-standing carport and another structure are on the applicant's lot. Mr. Wright stated staff supports the variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Pritchett recognized Mr. John Penninger and asked him if we was unaware he had to obtain a permit for the accessory buildings on his lot, and Mr. Penninger answered in the affirmative. MOTION: Council Member Pritchett made a motion to approve a variance request for an accessory structure above the allowed limit for 2570 Carolyn Drive for John Penninger with the condition that the variance will expire upon either transfer of ownership of the property or the October 7, 2002 7 death of both the joint owners, Mr. and Mrs. John Penninger. The motion was seconded by Council Member Newcomb. Motion was approved 7 — 0. (R) Variance Request — Allowance of Structure in Side Property Line Setback - 2570 Carolyn Drive —John Penninger Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Pritchett made a motion to approve a variance request for allowance of a structure in the side property line setback for 2570 Carolyn Drive for John Penninger with the condition that the variance will expire upon either transfer of ownership of the property or the death of both the joint owners, Mr. and Mrs. John Penninger. Tile motion was seconded by Council Member Newcomb. Motion was approved 7 — 0. FORMAL BUSINESS: (A) Appointment of Replacement Member to the parks and Recreation Committee for Ward 3 Council Member Scoggins made a motion to appoint Ms. Rosie Malone to the Parks and Recreation Committee for Ward 3, and the motion was seconded by Council Member Hawkins. Motion was approved 7 — 0. (B) Approval of Road Closures for the Veterans Memorial Dedication Event Mr. Wright stated that there are plans to close Bank Street from Village Walk to King Street, King Street from Village Green Circle to Stephens Street, and the King Street entrance to the Village Market for the Veterans Memorial dedication event on October 12. Mr. Wright stated the closures will be necessary for the various activities planned. MOTION: Council Member Pritchett made a motion to approve closure of Bank Street from Village Walk to King Street, King Street from Village Green Circle to Stephens Street, and the King Street entrance to the Village Market for the Veterans Memorial dedication event on October 12. The motion was seconded by Council Member Wood. Motion was approved 7 — 0. (C) Appointment of Member to Keep Smyrna Beautiful Commission Council Member Cramer recognized Mr. Richard Pfeiffer, residing at 362 Hickory Acres Drive, who stated lie recently completed a Master of Science degree in planning from Georgia Institute of Technology. MOTION: Council Member Cramer made a motion to appoint Richard Pfeiffer to the Keep Smyrna Beautiful Commission, and the motion was seconded by Council Member Lnenicka. Motion was approved 7 — 0. (D) Certification of Results of the Civil Service Board Election Mr. Wright stated a secret ballot election for the public safety department Civil Service Board (CSB) seat was held on September 23, 2002. Mr. Wright stated Jimmy f lanagin received the most votes as a qualified candidate. Mr. Wright stated the election results have been certified by both the Police and Fire Chiefs. MOTION: Council Member Newcomb made a motion to approve the certification of results of the Civil Service Board election with Jimmy Flanagin as the person elected to the open seat to serve a term beginning Friday, September 27, 2002 and ending Monday, September 27, 2004. The motion was seconded by Council Member I lawkins. Motion was approved 7 — 0. (E) Appointment to Senior Advisory Committee MOTION: Council Member Scoggins made a motion to appoint Ms. Rosetta Campbell to the Senior Advisory Committee, and the motion was seconded by Council Member Pritchett. Motion was approved 7 — 0. COMMERCIAL BUILDING PERMITS: There were none. October 7, 2002 CONSENT AGENDA: (A) Approval of September 16, 2002 Minutes (B) Bid Award #3-007, Replacement of 163 LF of 8" Sewer Main — Clifton Road Bids were requested from 9 vendors with 3 responding, with bids ranging from $12,1 16.40 to $20,654.00. Award to low bidder Butch Thompson Enterprises ($12,1 16.40) is recommended. (C) Bid Award #3-004, Replacement of 444 LF of 8" Sewer Main — San Fernando Drive and Burbank Drive Bids were requested from 9 vendors with 4 responding, with bids ranging from $34,632.00 to $57,810.80. Award to low bidder K. M. Davis Contracting is recommended ($34,632.00). (D) Bid Award #3-003, Replacement of 490 LF of 8" Sewer Main — Reed Road and Rosedale Drive on I-loncysuckle Drive Bids were requested from 9 vendors with 4 responding, with bids ranging from $60,440.00 to $96,582.00. Award to low bidder Southeast Pipe Survey ($60,440.00) is recommended. (E) Approval to Extend No Parking Limits on Glenroy Drive It is proposed that the current No Parking zone on Glenroy Drive be extended from #1983 to between # 1991 and # 1999. "There is a sharp curve in this area that causes a safety concern when cars are parked there. The City Engineer has reviewed this matter and recommends approval. (F) Approval to Advertise for the Abandonment of a Portion of Mavell Road Ashton Atlanta Residential, LLC has requested that approximately 386 linear feet of Mavell Road be abandoned. This abandonment would result in Mavell Road ending at the Silver Comet Trail. It would also eliminate a grade crossing across the Silver Comet Trail. The City Engineer has reviewed this request and recommends approval. (G) Bid Award 1/3-005, Replacement of Sewer Main on Memorial Place from Atlanta Road to Church Street, and on Church Street from Memorial Place to Reed Street Bids were requested from 9 vendors with 5 responding, with bids ranging from $106,519.35 to 232,092.60. Award to Southeast Pipe Survey, the lowest bidder meeting bid requirement specifications ($123,026.00), is recommended. (H) Bid Award 113-009, Replacement of Sanitary Sewer on Ward Street from Campbell High School, North 800 Feet Bids were requested from 9 vendors with 5 responding, with bids ranging from $51,714.00 to $1 18,340. Award to Southeast Pipe Survey, the lowest bidder meeting bid requirement specifications ($53,900.00), is recommended. (1) Bid Award #3-010, Replacement of Sewer Main on Roswell Street from Windy Hill Place, 860 Feet Last Bids were requested G-om 9 vendors with 5 responding, with bids ranging from $70,720.00 to $155,812.00. Award to low bidder Southeast Pipe Survey ($70,720.00) is recommended. (J) Approval of Use of Council Chambers in Connection with the Veterans Memorial Dedication Event This request is contingency measure in case of inclement weather or security needs: City Hall may be used as a staging area for military command staff, key City personnel, and seated dignitaries attending the dedication. City staffwill be responsible for securing the facility. (K) Bid Award #3-011, Construction of Baseball Field #2 at Chuck Camp Park Six vendors were solicited for bids with three responding with bids ranging from $49,995.00 to $58,460.00. Award of bid to Sports Turf Company, the lowest bidder to meet bid requirements, in the amount of $54,764.00 is recommended. MOTION: Council Member Scoggins made a motion to approve the consent agenda, and the motion was seconded by Council Member Wood. Motion was approved 7 — 0. October 7, 2002 9 COMMITTEE REPORTS: Council Member Scoggins commended the Rose Garden — Davenport HOA for their recent neighborhood festival. Council Member Scoggins started the festival was well organized and enjoyed by those who attended. Council Member Hawkins wished Mayor Bacon a happy birthday. Council Member Cramer urged everyone to attend the dedication event for the Veterans Memorial. Council Member Lnenicka commended the members of the Veterans Memorial Association for their diligence in making the Veterans Memorial a reality. Council Member Wood stated lie is looking forward to the dedication event for the Veterans Memorial. CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 9:45 p.m. It A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK OTCL , IVYT ,YWARD 1 at 4� CHARLES PETE WOOD, WARD 7 RON NEWCOMB, WARD 2 /OMLS M. HAWKINS, WARD 4 ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number 2002-16 Land Lot 621 Acres 2.2 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 October 7, 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 7th day of October, 2002. A. Max Bacon, Mayor y� qSun D. Hiott, City Clerk City of Smyrna Scott A. Cochran, City Attorney City of Smyrna Ordinance 2002-16 EXHIBIT "A" All that certain property situated and being in Land Lot 621 of the 171h District and 2nd Section of Cobb County, Georgia, and more particularly described as follows: BEGINNING at the intersection of the southeastern right-of-way of Ivy Glen Drive with the southwestern right-of-way of South Cobb Drive (SR 280), said point being the POINT OF BEGINNING; thence southeasterly along said right-of-way of South Cobb Drive a distance of 300 feet to a point; thence southwesterly a distance of 320 feet to a point; thence northwesterly a distance of 265 feet to a point on the southeastern right-of-way of Ivy Glen Drive; thence northeasterly along said right-of-way of Ivy Glen Drive a distance of 300 feet to the POINT OF BEGINNING. Said tract containing 2.2 acres, more or less. ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number 2002-18 Land Lot 663 Acres 1.1 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 October 7, 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 7th day of October, 2002. A. Max Bacon, Mayor f a 'Susan D. Hiott, City Clerk City of Smyrna Scott A. Cochran, City Attorney City of Smyrna Ordinance 2002-18 Exhibit "A" All that certain property situated and being in Land Lot 663 of the 17t" District and 2nd Section of Cobb County, Georgia, being in Parcel 7, and more particularly described as follows: BEGINNING at the common intersection of Land Lots 633, 634, 663, and 664, said point being the POINT OF BEGINNING; thence northerly along the common lot line of Land Lots 634 and 663 a distance of 200 feet to a point; thence easterly a distance of 200 feet to a point; thence southeasterly a distance of 215.5 feet to a point on the common lot line of Land Lots 663 and 664; thence westerly along the common lot lines of Land Lots 663 and 664 a distance of 289 feet to the POINT OF BEGINNING. Said tract containing 1.1 acres, more or less.