10-21-2002 Regular MeetingOctober 21, 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, Executive Assistant Susan Drinnon, City Attorney Scott Cochran, Fire Chief Larry
Williams, Finance Director Claudia Edgar, 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, Human Resources Director Chris Corey, City Engineer Ken
Hildebrandt, Community Development Director Chris Miller, Community Relations Director
Jennifer Bennett and representatives of the press.
Invocation was given by Pastor Jim Moon, followed by the pledge to the flag.
AGENDA CHANGES:
There were none.
CITIZENS INPUT:
Mayor Bacon recognized Mr. Don Whitney, who provided information regarding community
benefit events, and presented a plaque to the Mayor and Council members.
Mr. Howard Martin presented a portrait of Coach Lattanzi to the Mayor and Council members.
Mayor Bacon commented on Coach Lattanzi's high standards of character and patriotism and his
contributions to the community.
Mayor Bacon recognized Mr. Terry Johnson, who commented favorably on the Veterans
Memorial dedication, discussed his candidacy for the State Senate, and asked those present for
their support.
Mayor Bacon recognized Mr. Rob Teilhet, who discussed his candidacy for the State House of
Representatives, District 34, Post 2, and asked those present for their support.
Mayor Bacon recognized Mr. Curt Johnston, who discussed his candidacy for reelection to the
Cobb County Board of Education, and asked those present for their support.
Mayor Bacon recognized Mr. Rich Golick, who discussed his candidacy for reelection to the
State House of Representatives,: and discussed an upcoming referendum regarding economic
redevelopment and details of tax allocation districts. Mayor Bacon emphasized to those present
that tax allocation district measures have no connection with tax increases on the property of
individual homeowners.
Mayor Bacon recognized Ms. Ginger Collins, who complimented the Mayor and Council
members on the Veterans Memorial dedication ceremony, discussed her candidacy for the State
Senate, and asked those present for their support.
Mayor Bacon recognized Mr. Bill Lnenicka, who expressed appreciation to Doug Allen, Jude
LeBlanc, Will Palmer, Rusty Littlejohn, Paul Littlejohn, Ron Davis, and Steve Ciaccio for their
work on the Veterans Memorial, the staff of Carrabba's Restaurant for providing the luncheon on
the day of the dedication ceremony, the Chic-Fil-A at Akers Mill Road and Publix Supermarket at
East-West Connector for providing refreshments to the military personnel present at the
dedication, Campbell High School ROTC, Fort McPherson Band, the Honor Guard, and the
North Georgia Group, and Floral Creations for providing flowers. Mr. Lnenicka stated the
Veterans Memorial Association will continue to take orders for commemorative pavers, and that
next week an alphabetical list of names will be available at the Memorial site. Mr. Lnenicka
stated that tree sponsorships for the Memorial site will be available soon. Mr. Lnenicka read an
excerpt from the Conveyance of Memorial document, and expressed thanks to the Mayor and
Council. Mayor Bacon commended the members of the Veterans Memorial Association for their
efforts, and commented favorably on the Memorial and the dedication ceremony. Mayor Bacon
expressed appreciation to Randy Sauder, Steve Thompson, Terry Johnson and Governor Barnes
for their assistance with grants totaling $365,000, the officials of Cobb County for support in the
amount of $140,000, and the Robert W. Woodruff Foundation for support in the amount of
$100,000, and many others.
Mayor Bacon recognized Mr. Curt Johnston, who stated that the Optimists Club will be having a
benefit pancake breakfast on November 30 at the First United Methodist Church.
October 21 2002
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Mayor Bacon recognized Mr. Floyd Millis, residing at 1878 Wynridge Drive, who expressed
views regarding TAD education. Council Member Hawkins stated that, in accordance with
fficial
information provided by the City Attorney, it is his understanding that elected os can
provide information of an informative nature to the public concerning tax allocation district
matters, but that no attempt should be made to influence the vote of any member of the electorate.
Mr. Hawkins called upon Mr. Cochran for additional information, and Mr. Cochran stated elected
officials should refrain from publicly trying to influence voters, but that it is permissible to
disseminate information of a general factual nature. Mr. Cochran stated he reviewed the fact
sheet of tax allocation district information distributed by the City of Smyrna, and that he believes
the content is appropriate. Mr. Cochran stated that the City's elected officials have been
conscientious about consulting him for advice about flow to appropriately discuss tax allocation
district matters in a public forum.
Mayor Bacon recognized Mr. Ron Davis, who expressed support for the Tax Allocation District
measure scheduled for an upcoming referendum.
MAYOR'S RI;POR'I,:
(A) Touch Screen Voting Machine Demonstrations at City Hall
Ms. Hiott provided details about training sessions for new voting equipment planned by the Cobb
County Elections Board. Council Member Pritchett asked Ms. Hiott if it would be possible to
have one of the new voting machines at the Community Center during the festival next Saturday,
and Ms. Hiott stated she will check with the County about this request.
Mayor Bacon introduced Mrs. Susan Drinnon to those present, and welcomed her to her new City
staff position as Executive Assistant to the Mayor and Council.
FORMAL BUSINESS:
(A) Presentation of FY 2002 CAFR (Comprehensive Annual Financial Report)
Mr. Wright introduced Mr. Rick Hartley from Anderson — Hunt, LLC, who presented the CAFR
to those present. Council Member Wood asked Mr. Hartley if the information contained in the
CAFR is an unqualified opinion, and Mr. Hartley answered in the affirmative. Council Member
Wood asked Mr. Hartley how he would rate the quality of the City's financial statements, and Mr.
Hartley stated they are excellent. Mayor Bacon commended Ms. Edgar and the Finance
Department staff for their diligence. Mayor Bacon stated that, as a result of a recent bond rating
trip to New York, the City's bond rating has been uprated by Standard and Poor front AA- to AA,
and that this fact speaks favorably of the way Smyrna's government is administered. Mayor
Bacon recognized Ms. Edgar, who expressed appreciation to Mr. Hartley and City Accounting
Supervisor Mike Hickenbottom for their efforts. Ms. Edgar stated that Smyrna has received
awards for the last fourteen years from the Georgia Finance Officers Association.
(B) Appointment of Replacement Member to the Planning and Zoning Board
Mayor Bacon stated that Tom Harper has moved from Smyrna and resigned from the Planning
and Zoning Board (PZB). Mayor Bacon asked that Michael Terry, residing at 3480 Pine Tree
Drive, be appointed to PZB to replace Mr. Harper. Mayor Bacon stated Mr. Terry has been a
member of the Growth Strategies Commission, and is committed to the community.
MOTION: Council Member Hawkins made a motion to approve appointment of Michael Terry
to the Smyrna Planning and Zoning Board, and the motion was seconded by Council Member
Scoggins. Motion was approved 7 — 0.
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 Estate Advisors
Mr. Wright stated the subject property was approved for rezoning by the County for
condominium development with a density of 5.0 acres per acre on September 4, 2001. Mr.
Wright stated that once it was discovered that part of the parcel was in the city limits of Smyrna,
the application was withdrawn. Mr. Wright stated that staff supports this rezoning request
conditioned upon certain stipulations.
October 21, 2002
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 Mr. Garvis Sams, the attorney representing Eagle Real Estate
Advisors (EREA), and Mr. Brian Flint of EREA. Mr. Sams stated the applicant and owners are
seeking rezoning from Cobb County R-20 (SFR) and RM-8 (MFR) and City of Smyrna R-15
(SFR) to TD-Conditional (Townhouse Development) to allow for the construction of 183
townhomes at a density of 5 units per acre, which replicates the density approved for a 24 acre
tract by Cobb County. Mr. Sams stated the townhomes will have a selling price in the $200,000
range, and will be consistent with architectural renderings provided. Mr. Sams stated that adding
the additional acreage to the 24 acres already zoned and approved in Cobb County has enabled
the developer to increase the open space, so that 17 acres are situated in an open space position.
Mr. Sams stated this is 46% of the total of the total 36 acre tract. Mr. Sams stated that 14 of the
17 acres dedicated to open space, or 82% of that space, is developable, exclusive of flood plain.
Mr. Sams stated that an open space easement in favor of the City will be granted. Council
Member Wood asked Mr. Sams if the plan approved by Cobb County had included the open
space specified in the City plan, and Mr. Sams answered that it did not. Council Member Wood
asked if the County plan had specified condominiums, and Mr. Sams answered in the affirmative.
Mr. Sams stated that none of the condominiums approved by the County could have been built
within a 2/10 of a mile radius of the nearby Vulcan Chemical facility. Council Member Wood
asked if the plan currently under consideration includes provisions for a larger buffer between the
dwellings and the Vulcan Chemical facility, and Mr. Sams stated the City plan specifies a much
larger buffer. Mayor Bacon asked Mr. Sams if it is correct that the plan under consideration
limits the number of units with one -car garages to 25% of the total, and Mr. Sams answered in the
affirmative. Mayor Bacon asked how much more two -car garage units will cost than one -car
garage units, and Mr. Sams answered about $20,000. Mr. Sams stated that there is a stipulation
that will prohibit use of garages for storage, and that covenants will be adopted by the mandatory
homeowners association (HOA) which will specify limitations and prohibitions with respect to
on -street parking. Mayor Bacon asked Mr. Miller at what stage the number of one -car garage
units as opposed to two -car garage units will be determined, and Mr. Miller stated a site plan will
detail the location of one -car units versus two -car units, and that checks will be made to ascertain
if adequate parking will be available at the site.
Mayor Bacon recognized Ms. Roberta Cook, residing at 5911 Graywood Circle, who commented
favorably about EREA's plan for designing the subject development with a substantial amount of
greenspace. Ms. Cook expressed concern about the future of the greenspace associated with
EREA's plan. Ms. Cook stated she thinks it may be better for the City to have control over the
undeveloped property in the development. Ms. Cook used visual aids and a narrative to give
those present an overview of the affected area.
Mayor Bacon recognized Ms. Cara Manis, who commented favorably about EREA's plan for
designing the subject development with a substantial amount of greenspace. Ms. Manis asked the
Mayor and Council to consider retaining control of the open space associated with the
development. Ms. Manis discussed the hazards of living in the vicinity of a chemical plant.
Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, who stated she
has requested that a disaster plan be developed between Vulcan Chemical Company (VC) and
Cobb County, but that no response to her request has been received. Ms. Barnes stated that
Smyrna PZB approved the requested rezoning on August 18, 2002 with a condition that all units
have two -car garages. Mayor Bacon asked Chief Williams to comment on Ms. Barnes' question
regarding a disaster plan. Council Member Wood stated that rezoning has been approved in Cobb
County without significant greenspace, and that the developer could proceed with construction
without rezoning and annexation by the City of Smyrna. Ms. Barnes stated that she is asking for
the best, and Council Member Wood replied that the City is trying to provide everyone the best,
and that is the reason that so much effort has been expended to try to develop a plan with
conditions favorable to the residents in the subject area. Council Member Wood stated that, as
Mr. Sams pointed out, greenspace area can form a buffer between VC and the residences in the
area. Chief Williams stated that Cobb County has an excellent disaster plan in place, and that the
City of Smyrna also has a disaster plan in place, and that the two plans are coordinated. Chief
Williams stated the Smyrna disaster plan was recently updated and approved by GEMA. Chief
Williams stated that VC and a similar facility nearby are factored into the City's emergency
planning. Ms. Barnes asked that the City disaster plan referred to by Chief Williams be made
available for public inspection, and Mayor Bacon stated it is public information and accessible.
Mayor Bacon asked Mr. Sams if there is any possibility owners of the greenspace property
could somehow exploit the open space for commercial gain, and Mr. Sams stated the density of
the proposed development was calculated with the g-reen.space included, and that stipulations of
rezoning, including preservation of open space, must be complied with. Council Member
October 21, 2002
4
Hawkins asked Mr. Sams about the possibility of title to the open space being held by the Cobb
Land Trust, and Mr. Sams expressed the view that alternative title arrangements are no more
effective for achieving certain objectives than conditions or stipulations are. Council Member
Lnenicka asked Mr. Sams to define the benefits residents in the affected area can expect to
realize from the proposed open space easement. Mr. Sams stated the open space can be used
as a passive recreation area, and that an open space easement grants a perpetual easement from
the owners to the City to maintain the property as open space as a condition of zoning. Council
Member Lnenicka asked if the City will enforce the conditions of'zoning, and Mr. Sams stated
it is his understanding that the City will.
Mr. Miller stated that staff approves the proposed plan. Council Member Wood asked Mr. Miller
to read the stipulations for the requested rezoning:
The development of the proposed residential townhouse community shall be limited to
183 units at an overall density of 5.0 units per acre. The minimum floor area of each unit
will be 1,800 square feet. The following minimum setbacks and building separations
shall be maintained:
Setbacks:
Oakdale Road — 50'
Nickajack Park Road — 50'
South property line — 40'
West Property line — 40'
Building Separations:
Front to front — 50'
Front to side — 40'
Side to side — 20'
Side to rear — 30'
Rear to rear — 50'
The development shall comply with the elevations presented by the applicant to the
Planning and "Zoning Board at its meeting on August 12, 2002. Four-sided brick
elevations shall be used on each building adjacent to Oakdale Road. Brick shall be used
on at least three sides of each remaining building (front and side). No portion of the
buildings shall utilize 100% horizontal siding
3. No more than 25% of the townhouse units may have a one -car garage. The remaining
units must incorporate a two -car garage. The private declaration of covenants, conditions
and restrictions shall preclude the use of the one car garages for storage if it prevents the
use of the same space for parking purposes.
4. The developer shall install a right turn lane into the site from Oakdale Road with a
minimum length of 50' per the recommendations in the traffic study submitted by the
applicant.
5. A tree survey shall be provided by the applicant prior to the Council Meeting
demonstrating the number of trees and caliper of each tree to be preserved in the tree save
area. This plan shall preserve and protect existing specimen trees throughout the subject
property to the greatest extent possible.
The Civil War trench lines which may traverse the property must be protected and
preserved. This will be a condition of building permit approval.
7. The development shall provide pedestrian linkages to Nickajack Park via pathways
through the open space and passive recreation areas. The developer shall also work with
the City to establish an open space easement in favor of the HOA and the City for the
open space portion of the site. This easement shall be, recorded prior to the issuance of
any building permits.
8. There shall be protective covenants on all lots and there shall be a mandatory
homeowners association for the development of 10 or more homes. A gazebo, or other
public amenity appropriate for community meetings, shall be provided within the
development.
9. The storm water detention plan shall be designed to create at least a 10% reduction in a
100-year storm event. The City Engineer shall approve all plans.
October 21, 2002
10. All retention ponds Shall be placed and screened appropriately to be unobtrusive to
homes inside and outside the development.
11. All utilities within the development shall be underground.
12. A strip of brick pavers or stamped concrete shall be installed on the street entrance from
Oakdale Road for a minimum distance of 20 feet.
13. The development of private streets shall conform to the City's standards for public right-
of-ways.
14. Conveyance and donation of right-of-way so that 50' from the centerline of Oakdale
Road can be achieved.
15. Conveyance and donation of right-of-way so that 30' from the centerline of Nickajack
Park Road can be achieved.
16. 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. The HOA documents shall prohibit the use of any unit in the
development for rental purposes.
17. There shall be a landscaped front entrance, with monument, indicating the name of the
development.
18. No debris may be buried on any lot or common area.
19. The developer will install decorative streetlights within the development, subject to
approval by the City Engineer. Utilization of low intensity, environmental type lighting,
the illumination of which shall be confined within the perimeter of the subject property
through the use of "full -cutoff lighting".
20. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
21. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect or a degreed horticulturist for common areas and entrances.
22. All internal streets shall have a sidewalk on one side. The developer shall continue the
sidewalk on the south side of Nickajack Park Road within the extent of the property
boundaries consistent wit the City's standards.
23. A grass buffer with a minimum width of 2' shall be provided between the back of curb
and sidewalk.
24. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both
along Oakdale Road for a minimum distance of 100'. The remainder of the frontage
along Oakdale Road shall incorporate a landscape buffer with one tree every 45'.
Additionally, the developer shall provide a minimum of 20' undisturbed buffer (except
for the development entrance and sidewalk) along the frontages of streets outside the
development.
25. A detailed entry plan for each entrance denoting all entry features shall be provided prior
to the Council Meeting.
26. The developer shall enter into a restrictive covenant in favor of Cobb County regarding a
50' stream bank buffer on the subject property in order to accommodate the Nickajack
Creek Green Way Feasibility Study.
27. The private covenants for the subdivision shall include provisions prohibiting on -street
parking.*
Council Member Wood read four conditions shown in a staff report:
October 21, 2002
0
• The percentage of one -car garage units will not exceed 25%,
• The private declaration of covenants, conditions and restrictions shall preclude the use of
the one -car garages for storage if it prevents the use of the same for parking purposes,
• The portion of the site reserved for open space will be encumbered by an open space
easement in favor of the City as a condition of building permit; and,
• A gazebo, or other public amenity appropriate for community meetings, shall be provided
within the development.
Council Member Wood referred to a letter from Mr. Sams in which prohibition of on -street
parking in the subject development is detailed, and Mr. Miller stated this condition can be
incorporated into the stipulations as stipulation #27.*
Council Member Wood asked Messrs. Sams and Flint if the specified stipulations are acceptable,
and both answered in the affirmative. Mayor Bacon asked Mr. Sams about some parts of the
content of a letter from Mr. Sams to Mr. Miller dated October 7, and Mr. Sams stated the City's
stipulations will take precedence over any suggestions made in his correspondence. Council
Member Cramer asked Mr. Sams what residents with numerous guests will do if parking in the
street is restricted, and Mr. Sams stated there will be parking spaces earmarked for visitors at the
proposed project.
MOTION: Council Member Wood made a motion to approve a rezoning request for a 36.6 acre
tract in Land Lots 55, 56, 613 and 684 from Cobb County R-20 (Single Family Residential) and
RM-8 (Multi -Family Residential) and City of Smyrna R-15 (Single Family Residential) to TD-
Conditional (Townhouse Development) for Eagle Real Estate Advisors, and the motion was
seconded by Council Member Cramer. Council Member Wood stated the motion includes all
stipulations discussed and agreed to. Council Member Lnenicka commended Mr. Sams, the
owners and the developer for their diligence and cooperation in creating a plan acceptable to all
concerned. 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
Council Member Wood stated the subject property in Cobb County has been approved for
development as a Medium Density Residential use with 2.5 to 5 units per acre and that City
guidelines for medium density residential use are similar.
MOTION: Council Member Wood made a motion to approve a 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, 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.
(C) Approval of Application for Annexation — 24.450 Acre Tract— Land Lot 613,17'h
District, 2"d Section, Cobb County, Georgia, Oakdale Road — Kevin Mendelsohn
Mr. Wright stated that staff has reviewed the application and that no creation of islands or other
problems are anticipated.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Wood made a motion to approve City Ordinance 2002-15 for
annexation of a 24.450 acre tract in Land Lot 613,17"' District, 2ad Section, Cobb County,
Georgia, Oakdale Road for Kevin Mendelsohn to become a part of Ward 7 of the City effective
November 1, 2002. The motion was seconded by Council Member Cramer. Motion was
approved 7 — 0.
(D) Approval of Application for Annexation — 6.0 Acre Tract — Land Lot 55, 18'h District, 2°d
Section, Cobb County, Georgia, Oakdale Road — Thelma Merck
Mr. Wright stated that staff has reviewed the application and that no creation of islands or other
problems are anticipated.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Wood made a motion to approve City Ordinance 2002-14 for
October 21, 2002 7
annexation of a 6.0 acre tract in Land Lot 55, 18"' District, 2"d Section, Cobb County, Georgia,
Oakdale Road for Thelma Merck to become a part of Ward 7 of the City effective November 1,
2002. The motion was seconded by Council Member Cramer. Motion was approved 7 — 0.
(E) Variance Request — Sign Exceeding Height Limitations — 1125 Concord Road —
Exclusive Metro
Mr. Wright stated the City Code limits the height of free-standing monument signs in the area
of Concord Road to 6.' Mr. Wright stated the applicant is seeking to extend the height of a sign
at the subject location to 8.5.' Mr. Wright stated the proposed sign will replace an existing pole
sign, and that staff supports the request.
Mayor Bacon recognized Messrs. James Drinkwater and George Scott and Mrs. Carol Scott.
Council Member Hawkins asked Mr. Drinkwater to explain his need for a variance. Mr.
Drinkwater stated the existing pole sign is unsightly, and that he would like to have a more
attractive sign installed at the subject location. Mr. Drinkwater stated the planned sign is
32 square feet overall and 8'6" in height, an overage above code limitations of 2.5.' Mr.
Drinkwater stated the proposed sign is a stone monument type which would match the building
and be attractive. Mr. Drinkwater stated the existing pole sign, which is grandfathered, will be
removed. Mr. Drinkwater stated the owners of adjacent properties have been contacted regarding
the proposed sign, and that no opposition was found.
MOTION: Council Member Hawkins made a motion to approve a variance request for a sign
exceeding height limitations (8.5') for 1125 Concord Road for Exclusive Metro. The motion was
seconded by Council Member Scoggins. Motion was approved 6 — 0. (Council Member
Newcomb was not present at the time of the vote)
(F) Variance Request — Encroachment into Street Side Yard Setback — 3245 Dunn Street —
Jason Scheidt
Mr. Wright stated the City Code calls for a minimum street yard setback of 25' for properties
located adjacent to a local street. Mr. Wright stated the applicant is requesting to add a sun room
to the existing house which would result in a setback of 21.4.' Mr. Wright stated that staff
supports the request provided that the building plans match the description provided with the
variance application.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Hawkins asked Mr. Scheidt to explain his need for a variance. Mr. Scheidt
stated the existing sun room is smal I and unattractive and appears to be a converted porch. Mr.
Scheidt stated the proposed addition will result in a generally more attractive residence. Council
Member Hawkins stated that the adjacent residents have been contacted about the proposed
addition with no opposition encountered.
MOTION: Council Member Hawkins made a motion to approve a variance for reduction in
street yard setback from 25' to 21.4' for 3245 Dunn Street for Jason Scheidt provided that the
building plans match the description provided with the variance application. The motion was
seconded by Council Member Wood. Motion was approved 7 — 0.
(G) Variance Request — Reduction in Side Property Setback — 2780 Fraser Street — Teresa
Norsworthy
Mr. Wright stated the Zoning Code requires that accessory structures be set back a minimum of
10' from the side and rear property lines. Mr. Wright stated the applicant is requesting that an
existing structure 6' from the side property line be permitted. Mr. Wright stated staff supports the
request provided the variance is limited to the current owner of the property.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Hawkins asked Ms. Norsworthy to explain her need for a variance. Ms.
Norsworthy stated that the accessory building has been on the property since 1984, and there
were no known objections to the structure at the time of its installation. Council Member
Hawkins asked Ms. Norsworthy if a sign regarding the variance request has been posted at the
subject property and if adjacent neighbors have been contacted regarding the variance request,
and Ms. Norsworthy answered in the affirmative.
MOTION: Council Member Hawkins made a motion to approve a variance for a reduction in
side yard setback to 6' for an accessory structure at 2780 Fraser Street for Teresa Norsworthy
October 21, 2002
8
provided the variance is limited to the current owner of the property. Council Member Hawkins
stated that sale or transfer of the property will necessitate removal of the building or relocation
consistent with the Zoning Code. The motion was seconded by Council Member Scoggins.
Motion was approved 7 — 0.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of October 7, 2002 minutes
(B) Bid Award #3-008, Purchase of Replacement Garbage Trucks (2)
Five vendors were solicited for bids, three were received ranging from $259,920 to
$274, 158. Award of the bid to the lowest qualified bidder (NexTran Truck Center) in
the amount of $265,920 is recommended.
(C) Bid Award #3-013, Replacement of 1510 LF of Sanitary Sewer Main on King Springs
Road from Concord Road to Pinehurst Drive
Nine vendors were solicited for bids with six responding with bids ranging from $96,015
to $152,050. Award to low bidder Agua Environmental in the amount of $96,015 is
recommended.
(D) Bid Award #3-012 for Renovation of Tolleson Pool
Five vendors were solicited for bids, with three responding with bids ranging from
$51,847 to $61,1 10. Staff recommends award of this bid to low bidder Poolside, Inc. in
the amount of $51,847.
Council Member Hawkins made a motion to approve the consent agenda, and the motion was
seconded by Council Member Wood. Motion was approved 7 — 0.
COMMITTEE REPORTS:
Council Member Wood welcomed Mrs. Drinnon to the City staff, and commended Ms. Kirk for a
recent award received for the Keep Smyrna Beautiful (KSB) program.
Council Member Lnenicka recognized Mr. Miller, who presented current permit statistics.
Council Member Lnenicka stated the dedication ceremony for the Veterans Memorial was a
wonderful event, and that the Memorial is a great asset to the City. Council Member Lnenicka
stated Charter Communications recorded the dedication ceremony, and that a cable presentation
of the ceremony is scheduled. Council Member Lnenicka stated lie is very proud of his father for
the leadership he has demonstrated throughout the Veterans Memorial project.
Council Member Cramer recognized Ms. Kirk. Ms. Kirk stated she will be traveling to
Washington, DC to receive the City's latest award for the Keep Smyrna Beautiful program. Ms.
Kirk stated this latest award is yet another reflection of the citizens' support of KSB, and that the
award is really a community award. Ms. Kirk announced that a Recycling Appreciation Day is
planned, and that board members will be on -site to meet citizens. Ms. Kirk reported that Mr.
Frank Adams will be retiring on October 31, and that a reception is planned in his honor at the
Community Center on October 30. Ms. Kirk reported that the recent Adopt -a -Mile event was
well -attended and a success, and expressed appreciation to Mayor Bacon, Council Members
Cramer, Hawkins and Newcomb, and others for their participation. Ms. Kirk reported that the
recent Rivers Alive event drew approximately 80 volunteers at two sites, and Ms. Kirk expressed
appreciation to Metro Ambulance for providing standby service for the event. Ms. Kirk reported
that the Georgia DOT recognized the South Cobb Drive Adopt -a -Mile volunteers with special
tee-shirts and certificates for their consistent service over a period of twelve years. Council
Member Cramer recognized Mr. Stokes, who reminded those present that the leaf vacuum
program restarts on November 4. Council Member Cramer stated that commemorative pavers are
still available for the Veterans Memorial. Council Member Cramer stated that the Veterans
Memorial is a great asset to the City.
Council Member Hawkins reminded those present that the City court now has screening
equipment in place to check persons entering the chambers for weapons, and that it is a violation
of State law to bring a weapon into a public building.
October 21, 2002 9
Council Member Scoggins recognized Chief Hook, who reported that a speeding detection device
was damaged by an unknown subject and part of its components were removed. Chief Hook
provided information about current law enforcement activity in the City.
Council Member Scoggins recognized Chief Williams, who reminded those present to take
various safety precautions to help protect children during the upcoming Halloween festivities.
Chief Williams stated he expects a cold winter this year, and advised those present that it is
prudent to maintain some emergency stores at home. Chief Williams reminded everyone there is
a outdoor burning ban in force in the City. Chief Williams congratulated firefighter John Elliott
on his recent wedding.
Council Member Newcomb recognized Mr. Corey, who welcomed Mrs. Drinnon to the City staff,
and congratulated Ms. Kirk on the recent award for KSB. Mr. Corey provided details on
positions for which the City is presently recruiting, and upcoming training for use of the new
voting machines. Mr. Corey expressed appreciation to everyone for their support of the recent
Health Fair.
Council Member Pritchett recognized Mr. Ciaccio, who provided details of the upcoming
Halloween on the Green event. Mr. Ciaccio expressed appreciation to everyone for the positive
reception the Veterans Memorial dedication ceremony received. Mr. Ciaccio stated the City has
received the Region 5 GRPA award for its parks and recreation program.
Council Member Pritchett recognized Mr. Seigler, who provided current statistics regarding use
of City Library facilities and information about upcoming programs and events.
Council Member Pritchett recognized Ms. Bennett, who provided details of upcoming events in
the City, including the grand opening of the Market Village. Ms. Bennett stated that Key Lime,
Inc. will be preparing a 70-foot pie for the Market Village event. Ms. Bennett stated that an ice
sculpture will be displayed during this event.
Council Member Pritchett stated the Veterans Memorial dedication ceremony was a great event,
and that it was an honor to have so many notable leaders in attendance for the dedication.
Mr. Wright stated that the recent Region 5 GRPA award, the award KSB recently received for
being recognized as the best program of its type in the country, and the City's bond rating
upgrade from AA- to AA are all indications that Smyrna has a very well -managed municipal
government. Mr. Wright stated he is proud of the efforts put forth by City staff, and that the
positive developments he mentioned are the results of sustained excellent leadership.
SHOW CAUSE HEARING:
(A) CITGO/Value Mart — 3280 South Cobb Drive — Ravinder S. Randhawa, Agent
Mr. Wright stated on September 20, 2002, Ida Faal-Seck was cited for sale of alcohol to an
underage person at CITGO/Value Mart (VM) at 3280 South Cobb Drive. Mr. Wright stated Ms.
Faal-Seck also received an additional citation for not having an alcohol sales permit. Mr. Wright
stated this action was in response to a specific complaint, and was not connected with any sting
operation involving multiple locations.
Ofc. Dobson stated the Smyrna Police Department (SPD) was responding to a specific complaint
of sales of alcoholic beverages to underage persons at VM when Ms. Faal-Seck was cited. Ofc.
Dobson stated that on September 20, 2002, he began to watch VM. Ofc. Dobson stated that on
the date of the incident, Ms. Faal-Seck sold one 22-ounce Ice House beer to Eliezer Santiago, a
twenty year old male. Ofc. Dobson stated that Mr. Santiago was stopped at South Cobb Drive
and Concord Road, and during the traffic stop it was learned Mr. Santiago was only twenty years
of age and in possession of the beer. Ofc. Dobson stated Mr. Santiago was arrested for
possession of the alcoholic beverage. Ofc. Dobson stated that at the time of the stop, Mr.
Santiago was in the company of Jeremiah Taylor, also a male and twenty years of age. Ofc.
Dobson stated that at the time of the stop, Mr. Taylor smelled of alcohol and stated he had
consumed two beers earlier. Ofc. Dobson stated Mr. Taylor was arrested for possession of
alcohol by consumption. Ofc. Dobson stated Messrs. Santiago and Taylor were transported to the
SPD jail and booked in. Ofc. Dobson stated he went to VM and issued Ms. Faal-Seck a citation
for sale of alcohol to an underage person. Ofc. Dobson stated he asked to see Ms. Faal-Seck's
alcohol sales permit, and Ms. Faal-Seck stated she did not have it with her as she had left it at
home. Ofc. Dobson stated Ms. Faal-Seck was released on a copy of charges at that time. Ofc.
Dobson stated that inquiry at the SPD permit office disclosed that Ms. Faal-Seck did not have an
alcohol sales permit. Ofc. Dobson stated he returned to VM and issued Ms. Faal-Seck a citation
for selling alcohol without a permit.
October 21, 2002 111)
Council Member Hawkins recognized Mr. Bert Cohen, an attorney representing the license
holder, and Mr. Ravinder Randhawa, the agent. Mr. Cohen stated that Mr. Randhawa only had
his license for about five months before this incident, and that Mr. Randhawa has no previous
violations of this type in Smyrna. Mr. Cohen stated Mr. Randhawa also has a convenience store
in Morrow, where Mr. Randhawa and his brother received a commendation from the State
Revenue Department for being conscientious about avoiding this type of problem. Mr. Cohen
stated that steps have been taken to prevent a recurrence of this type of mishap, including a check
to make certain that all employees have proper permits. Mr. Cohen stated he has reviewed the
pertinent City ordinances with VM employees, including the requirement to report attempted
purchases by underage persons to the police within 24 hours of occurrence. Mr. Cohen stated he
has also reviewed the range of penalties for sale of alcohol to underage persons with VM
personnel. Mr. Cohen stated Mr. Randhawa and his family members are from India and are
seeking U.S. citizenship, and wish to do the right thing. Mr. Cohen stated that Ms. Faal-Seck's
employment at VM has been terminated. Mr. Randhawa apologized to the Mayor and Council
members for the incident, and stated that steps are being taken to ensure this type of violation
does not happen at his business again. Council Member Hawkins asked Mr. Randlawa if he
understands that it is his responsibility as registered agent to ensure that all his employees are
fingerprinted and have proper permits, and Mr. Randhawa answered in the affirmative. Council
Member Hawkins asked Mr. Randhawa why Ms. Faal-Seek was selling alcohol without a permit,
and Mr. Randhawa stated Ms. Faal-Seck was in training and was usually working with a licensed
employee. Mr. Randhawa stated Ms. Faal-Seck stated at one point that she had obtained an
alcohol sales permit. Council Member Hawkins asked Mr. Randhawa if all his current employees
have permits and if he has actually seen the permits, and Mr. Randhawa answered yes. Mayor
Bacon asked Mr. Randhawa if Ms. Faal-Seck had previously been in his employ, and Mr.
Randhawa said no. Council Member Scoggins asked Mr. Randhawa how long he has had his
license in Morrow, and Mr. Randhawa stated since 1999. Mayor Bacon read an except from the
March 4, 2002 minutes from the Council meeting when Mr. Randhawa's alcohol sales license
was approved and quoted a statement Mr. Randhawa made about his company's policy of
requiring identification from all purchasers of alcoholic beverages. Mayor Bacon asked Mr.
Randhawa if Ms. Faal-Seck had been instructed to check the identifications of all purchasers, and
Mr. Randhawa answered in the affirmative. Mr. Randhawa stated there are numerous signs
posted at his business to remind his employees to check for identification before selling alcoholic
beverages. Mayor Bacon asked Mr. Randhawa how often lie and his brother are at his store, and
Mr. Randhawa stated from 8:00 a.m. until 2:00 a.m. nearly every day. Mayor Bacon asked Mr.
Randhawa where he resides, and Mr. Randhawa stated he lives in Mableton. Council Member
Hawkins asked Mr. Ravinder Randhawa if he is a U.S. Citizen, and Mr. Randhawa answered in
the affirmative.
MOTION: Council Member Hawkins made a motion to move into executive session, and the
motion was seconded by Council Member Newcomb. Motion was approved 7 - 0.
MOTION: Council Member Hawkins made a motion to adjourn from executive session, and the
motion was seconded by Council Member Lnenicka. Motion was approved 7 - 0.
Council Member Hawkins stated that this violation is egregious because the agent has had the
license for only a few months, and because CITGONalue Mart was the subject of complaints of
sales of alcoholic beverages to underage persons. Council Member Hawkins also stated the fact
that there was an employee working on the premises without an alcohol sales permit is disturbing,
and that it is the agent's responsibility to make certain all personnel have proper permits.
MOTION: Council Member Hawkins made a motion to suspend the alcohol sales license of
CITGO/Value Mart at 3280 South Cobb Drive for a period of seven consecutive days beginning
on the current day at midnight, and to impose five years of Class I probation on CITGONalue
Mart. The motion was seconded by Council Member Scoggins. Council Members Cramer and
Lnenicka advised Mr. Randhawa that no alcoholic beverages on the premises can be accessible
during the suspension period. Ofc. Dobson stated that signs pertaining to alcoholic beverages
must also be removed from the store during the suspension period. Council Member Newcomb
reiterated the point that, in addition to the violation of sale of an alcoholic beverage to a minor in
this case, there was also an employee working on the premises without an alcohol sales permit.
Motion was approved 7 — 0.
CITIZENS INPUT:
There was none.
October 21, 2002
11
ADJOURNMENT:
With no further business, the meeting was adjourned at 10:30 p.m.
A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK
MELLENY PRITCHETT, WARD
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K CRAMER, WARD 5
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CHARLES PETE WOOD, WARD 7
RON NEWCOMB, WARD 2
Al
A ES M. HAWKINS, WARD 4
WADE S. LNENICKA, ARD 6
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2002-15
Land Lot 613
Acres 24.450
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 21, 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 21st day of
October, 2002.
A. Max Bacon, Mayor
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Susan D. Hiott, City Clerk
City of Smyrna
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Scott A. Cochran, ity Attorney
Ordinance 2002-15
EXHIBIT "A"
All that tract or parcel of land lying and being in Land Lot 613 of the 171h District, 2nd
Section of Cobb County, Georgia and being more particularly described as follows:
Beginning at the Land Lot corner common to Land Lots 54, 55, 612, and 613 (said point
being a concrete monument found), said point being the true point of beginning. Thence
from said point, N00 degrees 15'40"E, a distance of 737.57 feet; thence S87
degrees I 7'47"E, a distance of 1248.79 feet to the point of curve of a non -tangent curve to
the right, of which the radius point lies S03 degrees 26' 10"W, a radial distance of 547.
feet; thence easterly along the arc, an arc distance of 139.42 feet, a chord bearing of S79
degrees 1 6'30"E, and a chord of 139.04 feet; thence S71 degrees59'09"E, a distance of
243.55 feet; thence S24 degrees23'33"E, a distance of 56.23 feet thence S26 degrees
22'50"W, a distance of 53.68 feet to a point of curve to the right having a radius of
1607.02 feet, a tangent length of 147.75 feet, an arc length of 294.26 feet; a chord bearing
of S31 degrees38'01"W and a chord distance of 294.26 feet; thence S36 degrees
53' 12"W, a distance of 136.51 feet to a point of curve to the right having a radius 2834.79
feet, a tangent length of 123.36 feet, an arc length of 246.57 feet, a chord bearing of S39
degrees22'42"W and chord distance of 246.49 feet; thence N50 degrees 45'01"W, a
distance of 77.37 feet; thence N88 degrees51'45"W, a distance of 1166.02 feet to the
point of beginning. Said tract containing 1,065,046 square feet, or 24.450 acres, more or
less.
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2002-14
Land Lot 55
Acres 6.0
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 21, 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 ,9
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 21 s day of
October, 2002.
A. Max Bacon,
Susan D. Hiott, City Clerk
City of Smyrna
-- )-.L -
Scott A. Cochran, Ci r-n
City of Smyrna
Ordinance 2002-14
EXHIBIT "A"
All that tract or parcel of land lying and being in Land Lot 55 of the 18th District, 2"d
Section of Cobb County, Georgia and being more particularly described as follows:
Beginning at a point marked by an iron pin located on the west land lot line of Land Lot
55, 250 feet south of the northwest corner of Land Lot 55; thence running north 88
degrees 39 minutes 10 seconds east a distance of 1,062.1 feet to an iron pin located on the
northwest right of way of Oakdale Road; thence running southwest along the northwest
right of way of Oakdale Road an arc distance of 409.3 feet to an iron pin (having a tie line
distance of south 36 degrees 40 minutes 08 seconds west a distance of 409 feet to an iron
pin); thence continuing along the northwest right of way of Oakdale Road south 31
degrees 33 minutes 29 seconds west a distance of 125 feet to an iron pin at the northeast
side of a 30 foot drive easement; running thence in a northwesterly direction along the
north side of said 30 foot drive easement 786 feet more or less to an iron pin on the west
line of Land Lot 55; running thence north 1 degree, 33 minutes, 24 seconds west along the
west land lot line of Land Lot 55 a distance of 184 feet to an iron pin and the point of the
beginning. Said tract containing 6.0 acres, more or less.
AFFIDAVIT
Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Mayor A. Max Bacon, who after being duly sworn, deposes and on oath
states the following:
(1) I was the presiding officer of a meeting of the Mayor and Council held on the 21 st
day of October, 2002.
(2) That it is my understanding that O.C.G.A. §50-14-4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception
(3) The subject matter of the closed meeting or closed portion of the meeting held on
the 21st of October, 2002, which was closed for the purpose(s) of discussion of a legal
matter as allowed by O.C.G.A., Title 50, chapter 14, was devoted to matters within those
exceptions and as provided by law.
(4) This affidavit is being executed for the purpose of complying with the mandate of
O.C.G.A. §50-14-4(b) that such an affidavit be executed.
This 21st day of October, 2002.
Sworn to and subscribed before me
This 21st day of October, 2002.
Mayor/Presiding Officer
Notary Public
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EXPIRES
GEORGI:�
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STATE OF GEORGIA
COUNTY OF COBB
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CONVEYANCE OF MEMORIAL
*
THIS INDENTURE made and entered the 12" day of October, 2002, by and between
*
VETERANS MEMORIAL ASSOCIATION OF SMYRNA, GEORGIA, INC. and CITY OF
SMYRNA, a Georgia Municipal Corporation,
*
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WHEREAS, VETERANS MEMORIAL ASSOCIATION in league with the CITY OF
*
SMYRNA have planned, designed and directed the construction of a Twentieth Century Veterans
Memorial in honor of the Veterans of Cobb County who have served their country as member of
its Armed Forces during the Twentieth Century A.D.; and
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WHEREAS, CITY OF SMYRNA through its governing authority has exhibited its
guidance, support and direction in association with the VETERANS MEMORIAL
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ASSOCIATION in planning the Memorial; and
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WHEREAS the Memorial is now complete and the VETERANS MEMORIAL
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ASSOCIATION OF SMYRNA, GEORGIA, INC., is desirous of conveying its interest in the
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Memorial to the CITY for its perpetual maintenance and care, and the CITY is desirous of
*
accepting the responsibility of the Memorial:
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NOW THEREFORE, by these presents THE VETERANS MEMORIAL
ASSOCIATION,OF SMYRNA, GEORGIA, INC. by and through its Directors does hereby
*
assign, convey and forever transfer all of its interest in and to, THE VETERANS MEMORIAL
k
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situated upon the Village Green, of the City of Smyrna, unto the CITY OF SMYRNA for its
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perpetual maintenance and care.
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THE VETERANS MEMORIAL ASSOCIATION OF SMYRNA, GEORGIA, INC. by
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and through its Directors extends its gratitude to the many supporters in its endeavor to fulfill the
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* mission to construct the Memorial and particularly to the CITY OF SMYRNA for its guidance
* *
and support given during the endeavor of construction of the Memorial.
*
*
This 121h day of October, 2002.
* *
*
* VETERANS MEMORIAL ASSOCIATION OF
* SMYRNA, GEORGIA, IN
* By: 6 e"22 . Seal)
* William J. Lne 'cka, President
* By: iti"-c5 ) r Sri+) (Seal)
James R. Davis Director
*
By: -� � (Seal) *
William Brown Director
*
By: ,� (Seal)
* ary son Director
*
By: (Seal)
Art ur Crowe r. Director
*
By: (Seal)
* enneth B rke Director
* *
* By: (Seal)
* . Al ochran Director
* *
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