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2003 minutes (7) August 4. 2003 - 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 except Council Member Newcomb. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, and representatives of the press. Invocation was given by Pastor Lee Delbridge from Smyrna Christian Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda items #5C [Rezoning Request Z03-0 12 - Light Industrial (Ll) to General Commercial (GC) - 2.2 Acre Tract - Land Lot 461 - RACO Peachtree Ventures, LLC] and #5D [Land Use Change Request Z03-012 - Industrial Compatible to Community Activity Center _ 2.2 Acre Tract - Land Lot 461 - RACO Peachtree Ventures, LLC] will be tabled until a subsequent meeting. CITIZENS INPUT: Mayor Bacon recognized members of the Smyrna Little League's Charlie Brown All-Stars team and congratulated them on winning the District 2 championship for 2003. - Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, who stated he will be a candidate for the vacant Ward 4 council post in the upcoming City election. Mr. Martin introduced Ms. Donna Brown, his election campaign manager, to those present. Ms. Brown stated that on August 25, from 6:30 p.m. until 8:00 p.m., there will be a meeting at Moe's restaurant for the purpose of giving the residents of Ward 4 an opportunity to meet Mr. Martin and discuss his candidacy. Ms. Brown stated that on September 12, Mr. Martin will be attending the Emerging Suburban Century Conference at Kennesaw State University. Mr. Martin congratulated the members of the Smyrna Little League's Charlie Brown All-Stars on their accomplishments. Mayor Bacon recognized Mr. Floyd Millis, residing at 1378 Wynridge Drive, who expressed views regarding City property taxes and provided various tax statistics to those present. Mr. Millis expressed his views regarding ethics to those present. Mayor Bacon recognized Mr. Howard Smith, residing at 2207 Austin Lake Drive, who expressed views regarding pay increases for elected officials and citizen confidence in government. Mr. Smith stated he is willing to make character an issue in the upcoming City election campaigns. Mayor Bacon recognized Ms. Sam Sammon, residing at 6007 Bordeau Walk, who expressed concern about reckless driving she has observed on South Cobb Drive, King Springs Road and Concord Road. Ms. Sammon asked the Mayor and Council Members to explore the possibility of finding an additional cable service provider to compete with Charter Communications. Ms. Sammon expressed numerous complaints about the service provided by Charter Communications. - Mayor Bacon recognized Mr. Bill Strickland, residing at 2962 Lexington Trace Drive, who stated he is very satisfied with the way in which the City government is operated. Mr. Strickland stated that those persons who continually make unfavorable comments about the City government August 4. 2003 2 should run for office if they believe they can do a better job than the current elected body. Mr. Strickland expressed appreciation to the Mayor and Council Members for the leadership they provide. - Mayor Bacon recognized Mr. Jim Hawkins, who stated he has relocated his residence to Acworth, and has relinquished his post as council member for this reason. Mr. Hawkins expressed appreciation to the citizens for the opportunity to serve them as a council member. Mr. Hawkins suggested to the City's elected officials that the citizens input portion of the council meetings be scheduled at a later time on the agenda. Mr. Hawkins expressed admiration for the City's elected officials for their honesty and strong work ethic. Mayor Bacon stated that guidelines for filling vacancies in City elected posts are set forth in the City Charter. Mayor Bacon stated that persons who are known to be candidates in the upcoming City election will not be among those persons to be considered for the interim Ward 4 council post. Mayor Bacon stated that persons residing within the current boundaries of Ward 4 who are interested in being appointed for the interim Ward 4 council post should inquire at City Hall for further information. Mayor Bacon expressed appreciation to Mr. Hawkins for his service to the City. Mayor Bacon stated that term limits for City officials do exist in the form ofthe duration of elected terms; Mayor Bacon stated that all City elected officials must be re-elected every four years or leave office. Mayor Bacon stated he believes it is important to give citizens an opportunity to express their views at Council meetings, and that the City's policies for conducting the citizens input portion of Council meetings make it comparatively easy for citizens to participate in this way. Mayor Bacon recognized Mr. Forrest Watkins, residing at 2614 Gordon Circle, who stated that nothing has been done about the drainage problems on his property previously discussed at the July 7 meeting. Mr. Wright stated efforts have been made to contact Mr. Watkins by telephone and by mail in order to arrange a meeting to discuss Mr. Watkins' concerns, but as of this date Mr. Watkins has not responded. Mr. Wright asked Mr. Watkins to contact him at City Hall to arrange a meeting to discuss possible solutions to Mr. Watkins' concerns. - MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Approval of Application for Annexation - Land Lot 684, Parcels 9, 11, 12, 13 and 24 - 5.58 Acre Tract - Oakdale Road and Mitchell Drive - Allgood 75 Ind. Props., Inc. Mr. Wright stated the City Engineer has reviewed the submitted legal description ofthe subject property and has found it to be in order. Mr. Wright stated the Community Development staff has advised that no rezoning request is anticipated to accompany this annexation. Mr. Wright stated the application was validated at the July 7, 2003 Council meeting, and advertised as required by State law. 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 the application for annexation of a 5.58 acre tract in Land Lot 684, Parcels 9, 11, 12, 13 and 24, near Oakdale Road and Mitchell Drive, as requested by Mr. James Freeman, and in accordance with Ordinance #2003-19, with -- L, August 4, 2003 3 said property to become a part of Ward 7 with an effective date of September I, 2003. The motion was seconded by Council Member Cramer. Motion was approved 5 - O. - (B) Zoning Code Amendment - Sec. 710 01, Office Institutional District - Elimination of Use for High-Rise Apartment Development Mr. Wright stated that City staff has reviewed the list ofland uses approved for Office Institutional District and determined that high-rise apartment development is not consistent with the other approved uses. Mr. Wright stated that an amendment eliminating high-rise apartment development from the list of permitted uses under the 01 guidelines is recommended. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka stated that a moratorium on new apartment development in the City has been in place for several years, and that elimination of this particular use in the Office Institutional District guidelines is a logical step in maintaining the moratorium. MOTION: Council Member Lnenicka made a motion to approve amendment of Sec. 710 01, Office Institutional District of the Zoning Code to eliminate high-rise apartment development from the list of permitted uses. The motion was seconded by Council Member Wood. Motion was approved 5 - O. (C) Rezoning Request Z03-012 - Light Industrial (L1) to General Commercial (GC) - 2.2 Acre Tract - Land Lot 461 - RACO Peachtree Ventures, LLC ... Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to table Rezoning Request Z03-012 from Light Industrial (L1) to General Commercial (GC) for a 2.2 Acre Tract in Land Lot 461 for RACO Peachtree Ventures, LLC until the September 2,2003 Council meeting. The motion was seconded by Council Member Cramer. Motion was approved 5 - O. (D) Land Use Change Request Z03-0 12 - Industrial Compatible to Community Activity Center - 2.2 Acre Tract - Land Lot 461 - RACO Peachtree Ventures, LLC MOTION: Council Member Wood made a motion to table Land Use Change Request Z03-012 From Industrial Compatible to Community Activity Center for a 2.2 Acre Tract in Land Lot 461 for RACO Peachtree Ventures, LLC until the September 2,2003 Council meeting. The motion was seconded by Council Member Cramer. Motion was approved 5 - O. (E) Privilege License Request - Alcoholic Beverage Sales - Retail Package (Beer Only) - Cobb Center Shell- 3402 South Cobb Drive - Ayaz Suteria, Applicant Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude the issuance ofthe requested license. Mr. Wright stated that staff has determined that the subject location does not meet the distance requirements set forth in the City Ordinance. 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. Parks Huff, and Mr. Huff stated he is an attorney August 4, 2003 4 representing Mr. Suteria in his application for a privilege license for alcoholic beverage sales. Mr. Huff stated a distance survey, which accurately represents the distance of Cobb Center Shell (CCS) from Sharon Baptist Church (SBC), has been submitted for review by City officials. Mr. Huff stated that, according to Section 6.2 of the City Code, "such travel shall be measured as a straight line from the customer door to the property line and is not required to follow a line running along the nearest sidewalk or street route; provided that, when a straight line of travel would not be a customary and reasonable line of travel because of obstacles to such travel, the line of travel shall be angled around such obstacles and the distance shall be the sum of the segments of the line." Mr. Huff stated that the distance survey indicates the distance requirement from SBC to CCS is greatly exceeded. Mr. Huff stated that South Cobb Drive is a busy five-lane route which constitutes an obstacle. Mr. Huff stated that crossing South Cobb Drive is not a reasonable route to the subject location. Mr. Huff stated that the City has adopted the uniform traffic rules of the road, and therefore has adopted O.C.G.A. 40-6-92, which prohibits jaywalking. Mr. Huff stated that walking across South Cobb Drive is jaywalking. Mr. Huff stated that making the act of walking across a street illegal creates an obstacle to a path. Mr. Huff stated the City Code makes a distinction between grocery stores and convenience stores by allowing grocery stores to be closer to churches, and Mr. Huff stated he questions the constitutionality of this type of distinction. Mr. Huff stated the City Code also makes distinctions between businesses in the downtown business district and businesses in other parts of the City regarding distance requirements. Mr. Huff stated that CCS is the only convenience store on South Cobb Drive without an alcoholic beverage sales license, and that this lack could put his client at a competitive disadvantage. Mr. Huff asked the Mayor and Council Members to use the travel distance as calculated in the survey conducted by Betterton Surveying as a basis of consideration in this matter. Mr. Huff stated the line of travel delineated in the survey is a reasonable route to the subject location which exceeds the distance requirements from SBC. ... Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, who stated he is a long-time resident of Ward 4, and that SBC has been there much longer than CCS. Mr. Martin stated the subject location was once the site of an automotive repair facility. Mr. Martin stated it is his understanding that the applicant was aware of the alcoholic beverage sales regulations, including distance requirements, before the applicant acquired the property. Mr. Martin stated he is opposed to this privilege license request because of the proximity ofCCS to SBC. - Mayor Bacon recognized Mr. Jeff Buchanan, pastor of SBC, who expressed appreciation to the Mayor and Council Members for their efforts on behalf of the citizens of Smyrna. Pastor Buchanan stated that both he and his parishioners are opposed to this privilege license request. Pastor Buchanan stated that people frequently walk across South Cobb Drive in the vicinity ofthe subject location. Pastor Buchanan stated that a public park and a skating facility frequented by children are also near CCS, and that he considers this to be another reason a business which sells alcoholic beverages is not suitable for the subject location. Mr. Cochran asked Pastor Buchanan if people customarily cross South Cobb Drive on foot in the subject area, and Pastor Buchanan answered in the affirmative. Pastor Buchanan expressed the view that people will not take the route described in the survey in order to cross South Cobb Drive. Mr. Huff stated it is not legal or customary to cross South Cobb Drive at the intersection near the subject location. Mr. Cochran asked Mr. Huff if Mr. Huff concedes that it is customary to cross South Cobb Drive near the subject location, and Mr. Huff stated he does not concede that it is customary. Mayor Bacon recognized Mr. Ayaz Suteria, who stated that he does not believe that people cross South Cobb Drive near the subject area because the traffic is so heavy. Council Member Wood asked Mr. Suteria when Mr. Suteria purchased the CCS property, and Mr. Suteria stated he purchased the CCS property around March of2002. Council Member Wood asked Mr. Suteria if - August 4, 2003 5 - he was aware of the fact that the location of the CCS property does not meet the distance requirements set forth in the City alcoholic beverage sales regulations during the process of purchasing this property, and Mr. Suteria answered no. Council Member Lnenicka stated that, even if beer is not available at CCS, good customer service could make CCS a successful business. Mr. Suteria stated that customer service at CCS is good, but the economy is bad. Mr. Suteria stated the profit margin on gasoline is very low, and that the availability of alcoholic beverages is needed to help draw customers to CCS. Council Member Lnenicka stated that he asks the citizens ofthis community to patronize Mr. Suteria's store to help support his business. Pastor Buchanan stated that he supports Mr. Suteria, but not his request for an alcoholic beverage sales license. MOTION: Council Member Wood made a motion to deny a privilege license request for retail package sales, for beer only, for Cobb Center Shell at 3402 South Cobb Drive for Ayaz Suteria. The motion was seconded by Council Member Cramer. Motion was to deny was approved 5 - O. (F) Special Land Use Permit Request Z03-016 - Temporary Modular Office - 3016 Atlanta Road - Community Bank of the South Mr. Wright stated the Zoning Code requires a special land use permit to be approved by the mayor and council members in order for a modular building to be erected on commercial property. Mr. Wright stated a permit for installation of a modular building in the parking area at the rear of the existing bank building is being requested. Mr. Wright stated that staff recommends approval of the special land use permit with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Lnenicka recognized Mr. Jay McClure, and asked Mr. McClure to explain to those present what type of structure is proposed for the subject location and why it is necessary. Mr. McClure stated he is a shareholder and director of Community Bank of the South (CBS), and that the main office of CBS was opened at the subject location four years ago this month. Mr. McClure stated that business activity at CBS has grown steadily, and that CBS now has assets amounting to approximately $157,000,000. Mr. McClure stated that an additional branch is now open on Dallas Highway, with another under construction on Canton Road. Mr. McClure stated that this growth in business has necessitated expansion of the existing facility onto adjacent property recently acquired by CBS at 3020 Atlanta Road. Mr. McClure stated that a modular building, to be located at the rear of the existing bank building, is needed to accommodate administrative staff until a permanent structure can be built. Mr. McClure used overhead projector images to illustrate the proposed modular structure to those present. Mr. McClure stated a permanent structure is expected to be completed in approximately 18 months. Mr. McClure stated he understands that approval of the requested special land use permit is conditioned upon a number of stipulations, one of which is a requirement for a 6' tall wood privacy fence along the rear property line. Mr. McClure stated that the property behind the facility is owned by a Mr. and Mrs. Williams, and that they have indicated to him that they would prefer that this fence not be erected. Mr. McClure stated that another stipulation, which requires that plans for a new facility must be submitted to City staff within eight months of this meeting, may not be feasible under the circumstances. Mr. McClure stated it may take a few months for the modular building to be delivered to the subject location, and he requested that the stipulated deadline for submitting plans for a new facility be calculated from the time the modular building is delivered to the site. Mr. McClure also requested that the ultimate deadline for having a new facility in place within eighteen months be likewise calculated from the time the modular building is delivered to the site. - L. August 4, 2003 6 Mayor Bacon recognized Mr. Joe Williams, who was administered the oath by Mr. Cochran. Mr. Williams stated that a representative of CBS has agreed to straighten the property line, and Mr. Williams asked the Mayor and Council Members if they have any objections to this proposal. Council Member Lnenicka stated he has discussed this proposal with Mr. McClure and Mr. and Mrs. Williams, and that the City has no objections to this type of private arrangement between property owners. Council Member Lnenicka stated the fence was stipulated to help minimize the impact of the modular building on nearby residences, but that elimination of the fence requirement is acceptable. Mayor Bacon asked if altering the property line will place the modular building too close to the property line, and Mr. Williams stated the adjustment to the property line is planned to take place after the modular building is removed. - Council Member Lnenicka read the following stipulations to those present: . The use of the temporary modular building is limited to eighteen months and a building permit application for the proposed expansion will submitted to the City within eight months of the date of delivery of the modular building to the site, and all construction will be completed no later than twenty-four months from the date of this meeting. . The hours of operation for the modular building will be the same as for the remainder of the bank. . All State historic preservation requirements are met In conjunction with the proposed expansion, and; -- . The landscaping package depicted in the elevations is utilized. Additionally, all proposed landscaping and other site improvements shall be approved by City staff prior to installation. Council Member Lnenicka asked Mr. McClure if it is correct that the proposed modular structure is a building and not a trailer, and Mr. McClure answered in the affirmative. Mr. McClure stated that at the time the subject property was rezoned four years ago, the possibility of abandonment of a section of Quarles Avenue by the City had been discussed. Council Member Lnenicka stated that he does not foresee any reasons why this abandonment cannot be done, but that this will have to be handled as a separate action at a subsequent time in order for all the attendant details to be worked out. Council Member Lnenicka stated that when plans are made for the proposed CBS expansion, steps must be taken to preserve the residential quality of the adjacent homeowner's property. Council Member Lnenicka asked Mr. Williams if the stipulations as read will be acceptable, and Mr. Williams answered in the affirmative. Mayor Bacon complimented Mr. McClure on the CBS facility in Smyrna, and expressed appreciation to CBS for their investment in the community. MOTION: Council Member Lnenicka made a motion to approve Special Land Use Permit Request Z03-016 for a temporary modular office at 3016 Atlanta Road for Community Bank of the South with the stipulations read into the record and agreed to by the applicant. The motion was seconded by Council Member Wood. Motion was approved 5 - O. -- August 4, 2003 7 (G) Variance Request V03-022 - Reduction in Front Yard Setback - 1010 Ridgecrest Drive- Mark Orler - Mr. Wright stated that the applicant has requested a variance to reduce the front yard setback at the subject location from 40' to 24' in order to build an addition to his residence, and that the applicant is seeking an additional variance to reduce the side yard setback as well. Mr. Wright stated that staff recommends approval of the requested variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Cramer recognized Mr. Orler, and asked him to provide details of his plans for the subject property and explain the need for the requested variance to this present. Mr. Orler stated that he plans to dismantle the existing carport and build an addition to the house which will include a garage. Council Member Cramer asked Mr. Orler if it is correct that residents of the adjoining properties have been contacted regarding the proposed variance and have expressed no objections, and Mr. Orler answered in the affirmative. Mr. Orler showed illustrations ofthe planned addition to those present. MOTION: Council Member Cramer made a motion to approve Variance Request V03-022 for reduction in front yard setback from 40' to 24' for 10 I 0 Ridgecrest Drive for Mark Orler. The motion was seconded by Council Member Wood. Motion was approved 5 - O. (H) Variance Request V03-023 - Reduction in Side Yard Setback - 1010 Ridgecrest Drive - Mark Orler Mayor Bacon stated this is a public hearing and asked for public comment. There was none. ... MOTION: Council Member Cramer made a motion to approve Variance Request V03-023 for reduction in side yard setback from 10' to 5' for 10 I 0 Ridgecrest Drive for Mark Orler. The motion was seconded by Council Member Lnenicka. Motion was approved 5 - O. FORMAL BUSINESS: (A) Appointment of Member to the Revitalization Task Force MOTION: Council Member Cramer made a motion to approve the appointment ofTrina Bazarte to the Revitalization Task Force. The motion was seconded by Council Member Wood. Motion was approved 5 - O. (B) Appointment of Mayor Pro Tem Mayor Bacon stated that, according to the City Charter, the Mayor Pro Tem serves in the capacity of mayor when the regular elected mayor is unable to be present, and that the Mayor Pro Tem should be elected by the mayor and council members. Mayor Bacon stated that, to be consistent, he has always recommended that the senior council member be appointed as Mayor Pro Tem. Mayor Bacon stated he recommends that Council Member Lnenicka be appointed as Mayor Pro Tem. - Council Member Wood stated that Council Member Lnenicka is currently the longest-tenured member of the Council. August 4, 2003 8 MOTION: Council Member Wood made a motion to approve the appointment of Council Member Wade Lnenicka as Mayor Pro Tem. The motion was seconded by Council Member Cramer. Motion was approved 4 - 0, with Council Member Lnenicka abstaining. - Council Member Lnenicka expressed appreciation to the Mayor and Council Members for their support, and pledged to continue to make efforts to discharge his duties to the best of his ability. COMMERCIAL BUILDING PERMITS: (A) 2610 Cobb Parkway - 1,840 s.f. Check Cashing Facility - Gil Montoya Mr. Wright stated the location of the proposed construction is 2610 Cobb Parkway. Mr. Wright stated Atlanta Check Cashers will be housed in this facility, which has an estimated construction cost of $200,000. Council Member Pritchett asked Mr. Wright to inquire into the estimated construction cost of this proposed facility, which she stated she believes will be higher than the figure shown in the agenda summary. MOTION: Council Member Pritchett made a motion to approve a commercial building permit request for a 1,840 square foot check cashing facility for Gil Montoya. The motion was seconded by Council Member Scoggins. Motion was approved 5 - O. CONSENT AGENDA: (A) Approval of the July 21,2003 Minutes (B) Approval of Use of Council Chambers by Village on the Green Home Owner's Association on Wednesday, August 13,2003 from 7:00 p.m. to 9:00 p.m. - (C) Approval of Utilities Protection Center (UPC) Membership for the Public Works Department The amount of utility infrastructure within the City's boundaries is continually increasing, and the service performed by UPC will assist City staff in maintaining awareness of contractors, utility companies and other entities engaged in ground- disturbing activities within City rights-of-way. The Public Works Department staff has reviewed the UPC membership agreement and found the terms and conditions to be acceptable. (D) Approval of Property to be Sold as Surplus at Auction at Cobb County The attached list is comprised of fourteen motor vehicles of various descriptions and one set of tires and wheels, all of which are determined to be surplus by the responsive departments. The surplus property is scheduled to be sent to the Cobb County Auction on September 6,2003. It is recommended that the Mayor and City Council declare the entire list as surplus, and that the Purchasing Division be authorized to dispose of the surplus through public auction. -- ~ August 4, 2003 9 (E) Appointment of Absentee Ballot Clerk for City Elections Sec. 21-2-380.1 Appointment of absentee ballot clerk of the Georgia Election Code and Rules of the State Election Board states "The municipal governing authority ofa municipality shall appoint an absentee ballot clerk who may be the county registrar, municipal registrar, or any other designated official and who shall perform the duties set forth in this article." There have been recent changes to the regulations governing absentee ballot matters, and representatives of Cobb County Board of Elections (CCBE) have strongly recommended that CCBE be designated as the absentee ballot clerk for City elections. .... (F) Appointment of the City Clerk as Municipal Elections Registrar Sec. 21-2-212 (c) of the Georgia Election Code and Rules of the State Election Board states "The governing authority of each municipality shall appoint registrars as necessary, and the appointments shall be entered on the minutes of the governing authority." It is recommended that the City Clerk be appointed as Municipal Elections Registrar. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Lnenicka. Motion was approved 5 - O. COMMITTEE REPORTS: Council Member Pritchett stated that Charter Cable does not have a monopoly on cable service in the City. Council Member Pritchett stated that citizens with service complaints regarding Charter Cable should contact their city council representative. ... Council Member Pritchett stated she believes in freedom of speech. Council Member Pritchett stated that communicating with others can be difficult, and that numbers and statistics do not always mean the same thing to everyone. Council Member Pritchett announced that she will seek re-election to the Ward 1 city council post. Council Member Scoggins commented about the progress that has been made over the years in Smyrna in the area of downtown revitalization, and stated he was pleased to see a large number of attendees at the Birthday Celebration last weekend. Council Member Scoggins expressed appreciation to everyone for their support of the City's revitalization efforts. Council Member Cramer expressed appreciation to the City staff members who helped make the Birthday Celebration last weekend a success. Council Member Cramer stated he has received many favorable comments from citizens about the numerous events and recreational activities that can now be enjoyed in the downtown area. Council Member Cramer expressed appreciation to Mr. Hawkins for his service to the City. Council Member Cramer stated the City's leadership has achieved many worthwhile goals that the detractors seem to overlook. Council Member Cramer expressed the view that the City's elected officials would not have been repeatedly re- elected if their performance was really deficient. Council Member Cramer invited the critics of the City government to sign up and run for public office during the upcoming election. Council Member Lnenicka stated that efforts are underway to find remedies for some problems found with aging decks at the Wexford Hills Apartments, and that the owners have agreed to replace the decks. Council Member Lnenicka stated the City is committed to making every effort to help make certain that citizens have a safe environment in which to live. .... - ...... -... .... Lk August 4, 2003 10 Council Member Lnenicka recognized Mr. Charlie Barrett, a U. S. Air Force veteran, who was elected to the post of Commander for the Department of Georgia of the American Legion at the Legion's annual convention in June. Council Member Lnenicka commended Mr. Barrett for his patriotism and service to the community. - Council Member Lnenicka stated that some inflammatory and inaccurate statements have been made at this meeting by certain persons, and that it is unfortunate to see people focused on that which is negative. Council Member Lnenicka provided details to those present about information he recently read which suggests that positive election campaigns tend to increase voter turnout. Council Member Lnenicka announced that he will seek re-election to the Ward 6 city council post. Council Member Lnenicka pledged to continue to make efforts to perform his duties to the best of his ability. Council Member Wood expressed apprecIatIOn to Mr. Hawkins for his service to the City. Council Member Wood stated the Village Green has been a real catalyst for positive changes here in the City of Smyrna. Council Member Wood stated that, regardless of some comments that have been made, audits have indicated the City is in sound financial condition with very manageable debt. Council Member Wood stated that spreading out repayment of municipal debt over a number of years is customary and lends fairness to the process because people who come to the community after the improvements are built will pay a fair share of their cost. Council Member Wood announced that he will seek re-election to the Ward 7 city council post. Mr. Wright stated he has enjoyed working with Mr. Hawkins, and expressed appreciation to Mr. Hawkins for his service to the City. Mr. Cochran commended Mr. Hawkins for the comprehensive understanding of City business that he has always had, and expressed appreciation for his service to the City. - Ms. Hiott reminded those present that updated voter registration cards will soon be mailed to City residents by the Cobb County Board of Elections. Ms. Hiott stated that ward maps illustrating the new City wards are available for inspection, and encouraged citizens to register to vote. Ms. Hiott stated that it was a great pleasure to work with Mr. Hawkins, and that he will be missed by everyone. CITIZENS INPUT: There were no additional citizen comments. Mayor Bacon thanked Mr. Hawkins for his many years of service to the City. Mayor Bacon stated that Mr. Hawkins was always interested in what was best for the entire City, and not just the residents in his ward. Mayor Bacon stated he is certain that Mr. Hawkins will be missed by everyone. ADJOURNMENT: i ii ~ V With no further business, the meeting was adjourned at 9:38 p.m. '-' l ..... _a......... August 4, 2003 - ,-/~~ A. MAX BACON, MAYOR ... CHARLES PETE WOOD, WARD 7 ... 11 ~ f)YJ',d/- ~'1..~V- SUSAN D. HIOTT, CITY CLERK ", ~\L,.~ RON NEWCOMB, WARD 2 (Vacant post) WARD 4 - ORDINANCE 2003-23 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A - ZONING, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTION 710.22 OF SAID CODE, PROVIDING THAT HIGH-RISE APARTMENT DEVELOPMENT BE ELIMINATED AS AN APPROVED LAND USE FOR 01, OFFICE-INSTITUTIONAL DISTRICT BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Section 710.22 of the Code of Ordinances, Appendix A - Zoning, of the City of Smyrna, Georgia, be amended so that such section shall read as follows: "(710.22) Reserved." All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. ... Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. - ORDINANCE 2003-23 - Approved by Mayor and Council this 4th day of August, 2003. Attest: A. Max Bacon, Mayor a~~,Q;~ ~ City of Smyrna ... APPJ~;:: scott A. Cochran, City Attorney City of Smyrna ... 2 ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number 2003-19 Land Lot 684 & 56 Acres 5.58 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 and 60 percent of the resident electors 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 4, 2003 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. August, ~~O~RDAlNED by the City Council Ofth/n~~_ A. Max Bacon, Mayor ... ~C~'~ City of Smyrna JJc- ~ Scott A. Cochran, City Attorney City of Smyrna Ordinance 2003-19 - Exhibit A All that certain property situated and being in Land Lots 56 and 684 of the 17th District and 2nd Section of Cobb County, Georgia, being Parcels 9, 11, 12, 13, and 24 in Land Lot 684, and more particularly described as follows: BEGINNING at the common intersection of the eastern right-of-way of Oak dale Road with the southern right-of-way of Mitchell Drive; thence easterly along said right-of-way of Mitchell Drive a distance of 434.8 feet to a point; thence northeasterly a distance of 30 feet to a point, said point being the POINT OF BEGINNING; thence southeasterly a distance of 200 feet to a point; thence southwesterly a distance of 420 feet to a point; thence southeasterly a distance of 262 feet to a point; thence southerly a distance of 21 0 feet to a point; thence northwesterly a distance of 474 feet to a point; thence northerly a distance of21O feet to a point; thence northeasterly a distance of370 feet to the POINT OF BEGINNING; ... Also, BEGINNING at the intersection of the southeastern right-of-way of Oak dale Road with the common lot line of Land Lots 56 and 684, said point being the POINT OF BEGINNING; thence easterly along said lot line a distance of21O feet to a point; thence northeasterly a distance of 21 0 feet to a point; thence northwesterly a distance of 21 0 feet to a point on the southeastern right-of-way of Oakdale Road; thence southwesterly along said right-of-way of Oakdale Road a distance of 300 feet to the POINT OF BEGINNING. - .. <I , ~- ,... '- ~i ~ ~ M d41 RECEIVED CITY OF ,", :~;LER 'e" ..:At1YRNA K."l or-r'e 2800 King Street / P.O. Box 1226, Smyrna, Georgia 30081 I (770) 434-~~~~.~ I .i:: --~ --- (Il 'n1r clC~ IJ/?IAJ~~'" ~(4-/v~r 1 ((~O). /~~7~~ rU. MAYOR A. MAX BACON CITY COUNCIL WARD I WARD 2 WARD 3 MELLE NY PRITCHETT RON NEWCOMB BILL SCOGGINS WARD 4 WARD 5 WARD 6 WARD 7 JIM HAWKINS JACK R, CRAMER WADE LNENICKA CHARLES PETE WOOD CITY ADMINISTRATOR WAYNE P. WRIGHT CITY CLERK SUSAN D. HIOTT. C.M.C. CITY ATTORNEY SCOTT A. COCHRAN MUNICIPAL COURT JUDGE E. ALTON CURTIS, JR.