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11012004 November 1, 2004 Council Meeting November 1,2004 - 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, Executive Assistant Susan Drinnon and representatives of the press. Invocation was given by Reverend Scotty Davis from King Springs Baptist Church, followed by the pledge to the flag. Reverend Davis invited those present to a special function at King Springs Baptist Church on November 17. AGENDA CHANGES: Mayor Bacon stated that agenda item 4D (Rezoning Request Z04-025 - R-15 to RAD Conditional - Anderson Circle, Elizabeth Street and Spring Street - Hatcher Homes) will be tabled until the November 15, 2004 council meeting. MAYOR'S REPORT: Mayor Bacon recognized School Board Representative Curt Johnston, and Mr. Johnston stated the Optimist Club will be having a pancake breakfast fundraiser on November 27. Mr. Johnston introduced Dr. Mark Marshall from Griffin Middle School to those present. Dr. Marshall introduced faculty members, sponsors and students from Griffin Middle School to those present, and the students presented this month's character education words. - Mayor Bacon recognized Congressman Phil Gingrey, and Congressman Gingrey asked those present for their support of his bid for reelection. Mayor Bacon recognized State Senator Ginger Collins, and Senator Collins asked those present for their support of her bid for reelection. Mayor Bacon recognized Mr. Garry Osborne and several students from Campbell High School, and the students read excerpts from the City of Smyrna Code of Ordinances to those present. Council Member Lnenicka read a Proclamation for Poppy Day to those present. A representative from the American Legion Auxiliary asked those present for their support of America's veterans. Council Member Lnenicka thanked the members of the American Legion Auxiliary for their help and support. Mayor Bacon recognized Senator Ginger Collins, and Senator Collins read a State Senate Resolution to those present in recognition of the achievements of Michael Seigler and the Smyrna Library. Mayor Bacon expressed condolences to the family of fonner Fire Chief Hubert Cochran, who recently passed away. LAND ISSUES/ZONING/ANNEXA nON: (A) Public Hearing - Variance Request V04-033 - Reduction in Side Yard Setback and Building Separation - 1118 Parkview Place - Lot 17, Parkview Village - Frank Pritchard - November 1, 2004 2 Mr. Wright stated the applicant is requesting approval to reduce the side yard setback from the required 5' to 3,' and to reduce the minimum separation from 15' to 13.' Mr. Wright stated staff recommends approval of this request. - Mayor Bacon stated this is a public hearing and asked for public comment regarding both ofMr. Pritchard's variance requests. There was none. Council Member Scoggins recognized Mr. Pritchard, and asked Mr. Pritchard to explain to those present the need for the requested variance. Mr. Pritchard stated that the variances requested for lots 17 and 35 are necessary because construction of driveways for these residences has necessitated a need for some reconfiguration of the structures on those lots. Council Member Smith asked Mr. Pritchard if the garage for the subject structure will be located at the rear, and Mr. Pritchard said no. Mr. Pritchard stated the structures on lots 17 and 35 will have garages located at the front. Council Member Smith asked Mr. Pritchard if this house plan will fit on another lot. Mr. Pritchard stated the subject house is under contract, and that the purchaser has selected this particular lot. Mr. Pritchard stated he believes it is inevitable that a problem of this type will have to be addressed because there is a drainage easement between lots 14 and 15 which occupies 20' of space. Council Member Smith asked Mr. Pritchett if it would be possible to reduce the dimensions of the subject house. Mr. Pritchard stated that the house on lot 35 was redesigned. Mr. Pritchard stated the house on lot 17 cannot accommodate rear entry. Council Member Smith stated he is reluctantto set a precedent of allowing 3' side setbacks. Mr. Pritchard stated the special stipulations previously approved for this development allow the builder to reduce the setback below 5' in instances where garages are built at the rear of a structure. Council Member McNabb asked Mr. Pritchard if it is correct that the stipulations approved some two years back contain no provisions for diminution of side and rear yard setbacks for front driveway access, and Mr. Pritchard answered in the affirmative. Mayor Bacon stated that the requested variance will not increase the density of the subdivision. Mr. Pritchard stated that there are contracts on lots 17 and 18 which are contingent upon approval of the requested variance. - MOTION: Council Member Scoggins made a motion to approve Variance Request V04-033 for a reduction in side yard setback and building separation at 1118 Parkview Place, Lot 17, Parkview Village for Frank Pritchard. The motion was seconded by Council Member Pritchett. Motion was approved 5 - 2, with Council Members McNabb and Smith in opposition. (B) Public Hearing - Variance Request V04-036 - Reduction in Side Yard Setback and Building Separation - 1087 Parkview Place - Lot 35, Parkview Village - Frank Pritchard Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Pritchard, and asked Mr. Pritchard to explain to those present the need for the requested variance. Mr. Pritchard stated the requested variance is necessary because there is 50' creek buffer at the rear of the subject lot. Mr. Pritchard stated a wider structure will be necessary to avoid this buffer. MOTION: Council Member Scoggins made a motion to approve Variance Request V04-036 for a reduction in side yard setback and building separation at 1087 Parkview Place, Lot 35, Parkview Village for Frank Pritchard. The motion was seconded by Council Member Pritchett. Motion was approved 5 - 2, with Council Members McNabb and Smith in opposition. - November I. 2004 3 (C) Public Hearing - Variance Request V04-032 - Reduction in Rear Yard Setback - 371 0 Ashwood Drive - Hatcher Homes - Mr. Wright stated the subject tract is zoned R-15 and that the applicant is requesting a variance to reduce the rear yard setback from 30' to 20.' Mr. Wright stated the structure will not intrude into the buffer area of a nearby stream. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka recognized Mr. Ragsdale, and asked Mr. Ragsdale to provide details to those present concerning the requested variance. Mr. Ragsdale stated the proposed residence will comprise some 3,000 s.f. and will sell for approximately $350,000. Mr. Ragsdale provided details to those present regarding the topography of the subject lot and the planned placement of the structure there. Council Member Smith asked Mr. Ragsdale what will happen to the driveway on the left side of the property. Mr. Ragsdale stated that driveway serviced a garage for a home on the left side, and that a new driveway has been poured on the property upon which that house is located. Mr. Ragsdale stated that most of that old driveway will probably be demolished. Council Member Lnenicka stated he spoke with the resident at 3720 Ashwood Drive today, and that this individual has no objections to the proposed development on the subject property. Mayor Bacon asked Mr. Ragsdale if approval of this proposal would result in an increase in density at the subject location, and Mr. Ragsdale said no. MOTION: Council Member Lnenicka made a motion to approve Variance Request V04-032 for a reduction in rear yard setback at 3710 Ashwood Drive for Hatcher Homes. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - (0) Public Hearing - Rezoning Request 204-025 - R-15 to RAD Conditional- Anderson Circle, Elizabeth Street and Spring Street - Hatcher Homes MOTION: Council Member Scoggins made a motion to table Rezoning Request 204-025 from R- 15 to RAD Conditional at Anderson Circle, Elizabeth Street and Spring Street for Hatcher Homes until the November 15, 2004 council meeting. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (E) Annexation Request (100% of owners requesting annexation) - Land Lot 673, Parcels 2 and 14 - Vicinity of Ridge Road - 7.542 Acre Tract - Brian Sadler, et al. Mr. Wright stated the City Engineer has reviewed the legal description of the subject property and found that it complies with State laws and regulations. Mr. Wright stated that no rezoning application or other land use change request is pending with this annexation application. Mayor Bacon asked if anyone is present who wishes to make public comment regarding this proposed annexation, and there was no response. Council Member Lnenicka stated there is a development on the subject tract which has been rezoned by Cobb County, and that it is contiguous to Old Vinings Mill subdivision. Council Member Lnenicka stated he is pleased to bring this community into the City. - MOTION: Council Member Lnenicka made a motion to approve the annexation of a 7.542 acre tract in Land Lot 673, Parcels 2 and 14 for Brian Sadler, et al. to become a part of Ward 6 with an effective date of December 1,2004. The motion was seconded by Council Member Wood. November 1. 2004 4 Motion was approved 7 - O. PRIVILEGE LICENSE: - There were none. FORMAL BUSINESS: (A) Approval of Resolution of Support for the 2004 Quality Growth Grant Application Mr. Wright stated the purpose of the resolution is to affirm the application by the Community Development Department for a grant to create a downtown-specific plan. Mr. Wright stated that, if awarded, the grant will provide one means of consolidating the various regulations which apply in the downtown area into one comprehensive framework to help promote grov.1h and red eve lopment. Council Member Newcomb stated the 140 acre Tax Allocation District (TAD) in Smyrna contains eight land use categories, two architectural design districts and three corridor overlay districts. Council Member Newcomb stated the purpose ofthe grant is to provide one means whereby these various requirements can be synthesized into one unified body of regulations which will be more meaningful to those who will review this information. MOTION: Council Member Newcomb made a motion to approve the application for the 2004 Quality Growth Grant by the Community Development Department and the expenditure of matching funds as required. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. - (B) Approval of Performance Contract and Services Agreement between the City of Smyrna and Johnson Controls, Inc. Mr. Wright stated the contract under consideration is a performance contract which will allow the contractor to improve various City facilities including water meters. Mr. Wright stated the cost of the improvements will be offset by various savings and increased water revenues. Mr. Wright provided details of various planned improvements to those present. Mr. Wright stated the cost of the project, including interest, is 5.7 million dollars, the cost of the HV AC services agreement will cost 1.9 million dollars, and the total cost will be 7.7 million dollars. Mr. Wright stated theses measures are expected to generate savings and revenue increases in the amount of 8.2 million dollars, with a positive cash flow over the life of the program in the amount of $500,000. Mr. Wright stated these savings are guaranteed by the contractor. Council Member Wood stated this proposal calls for substantial infrastructure improvements in the City, including the new radio-read technology water meters. Council Member Wood stated that Johnson Controls is a reputable company with a long record of experience. MOTION: Council Member Wood made a motion to approve the Performance Contract and Services Agreement between the City of Smyrna and Johnson Controls, Inc. The motion was seconded by Council Member Smith. Motion was approved 7 - O. - November 1,2004 5 COMMERCIAL BUILDING PERMITS: - There were none. CONSENT AGENDA: (A) Approval of October] 8,2004 Minutes (B) Ratification of Request from Afton Downs Social Committee to Close Afton Court for a Neighborhood Party on October 30,2004 from 5:00 PM until] 0:00 PM. (C) Approval of Authorization to Execute a Contract for the Smyrna Market Analysis The proposed analysis will generate updated statistics to reflect current market conditions in the City. Staff solicited preliminary proposals for a market analysis. Market & Main was the least expensive with a price range from $] 7,000 to $22,000 depending on the final scope of work. Staff recommends execution of a contract with Market & Main for fees not to exceed $22,000. (D) Approval of Installation of a Four-Way Stop Sign at Adderbury Lane and Adderbury Court Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. COMMITTEE REPORTS: - Council Member Pritchett stated that Cobb County Tax Commissioner Gail Downing has requested the mayors and council members of the cities in Cobb County to remind everyone that there are many property owners in the County who are not availing themselves of various property tax exemptions for which they may be eligible. Council Member Pritchett encouraged all eligible voters to participate in the election tomorrow. Council Member Pritchett stated that a measure which would provide disabled persons meeting eligibility requirements with additional City property tax exemption will be on the ballot tomorrow. Council Member Newcomb encouraged all eligible voters to participate in the election tomorrow. Council Member Newcomb stated one of the poll locations in Ward 2 will be at the Lung Association building near Argyle Elementary School. Council Member Newcomb stated an additional poll will be located at First Baptist Church, and that voters should check their voter registration cards to find out where they should vote. Council Member Scoggins encouraged all eligible voters to participate in the election tomorrow. Council Member McNabb stated that he has encountered some confusion regarding voting locations among a few citizens. Council Member McNabb stated that selection of poll locations is conducted by the Cobb County Board of Elections, and that questions regarding polling locations should be directed to that entity. Council Member Smith urged all eligible voters to participate in the election tomorrow. - Council Member Lnenicka encouraged all eligible voters to participate in the election tomorrow. November I, 2004 6 Council Member Lnenicka stated the associates of the American Legion Auxiliary who attended this meeting are a reminder that there are still Veterans Memorial pavers available for subscription. Council Member Lnenicka stated that there will be a community fair event at Woodland Ridge on November 5. Council Member Lnenicka stated that representatives from various health care providers and other organizations will be present at this event. Council Member Lnenicka stated that the State Department of Transportation has given notice of a public meeting on November 15 concerning 1-75/1-575, HOV and bus rapid transit projects in the northwest corridor. Council Member Lnenicka stated the Governor's Office of Highway Safety has sent a letter to Chief Hook recognizing the City police department's contributions to traffic safety operations in this area. - Council Member Wood stated that installation of a stop sign at Adderbury Lane and Adderbury Court was approved at this meeting, and that he expects work on this traffic safety measure to begin soon. Ms. Hiott stated that polls will be open tomorrow from 7:00 a.m. to 7:00 p.m. Ms. Hiott provided details of precinct changes to those present, and reminded voters to check their voter registration cards for their poll locations. SHOW CAUSE HEARINGS: (A) Show Cause Hearing - Alcoholic Beverage Violation - Applebee's Restaurant - 2728 Spring Road - Brian J. Keiser, Agent Mr. Wright stated that on October 1 1,2004 at approximately 8: I 5 p.m., Ofc. Turner and a 16 year old informant entered the subject establishment, and the informant was able to purchase beer there. Mr. Wright stated this is the first known violation for this location. - Mayor Bacon recognized Mr. Bill Davidson, an attorney representing the licensee, Mr. Brian Keiser and other representatives of Applebee's Restaurant (AR). Mr. Davidson stated his client does not dispute the charges. Mr. Davidson stated the offending employee in this incident has been terminated. The oath was administered to several persons by Mr. Cochran. Ofc. Maloney stated that on October I I, an alcoholic beverage sales compliance check was conducted in the vicinity of AR. Ofc. Maloney stated Ofc. Turner and a 16 year old informant entered the subject establishment, and the informant was able to purchase an alcoholic beverage from Christopher Rozelle, a bartender on duty that evening. Ofc. Maloney stated he arrested Mr. Rozelle and transported him to the City police station. Mr. Cochran asked Ofc. Maloney ifMr. Rozelle required the informant to present identification, and Ofc. Maloney answered in the affirmative. Council Member Pritchett asked Mr. Keiser if he was present at AR at the time of this incident, and Mr. Keiser said no. Council Member Pritchett asked Mr. Cochran if a 20 year old server should have been on duty when the agent was not present, and Mr. Cochran stated he believes such an arrangement is permissible. Council Member Pritchett asked Mr. Keiser if the offending employee explained why he sold an alcoholic beverage to a person with a license clearly indicating he is under 21 years of age. Mr. Keiser stated the employee said he was distracted by other activity in the establishment at the time, and that he made an error. At Council Member Pritchett's request, Mr. Keiser provided sample copies of AR's alcoholic beverage sales training materials to the Mayor and Council Members. Council Member Pritchett asked Mr. Keiser how long the offending employee had been employed at AR, and Mr. Keiser said - November I, 2004 7 - approximately two years. Council Member Pritchett asked Mr. Keiser if the offending employee had undergone AR's alcoholic beverage sales training program, and Mr. Keiser answered in the affirmative. Mr. Keiser stated the training materials and methods are updated periodically, and that the management of AR tries to create a culture of responsible alcohol sales and service at the establishment. Mr. Keiser showed a copy of the AR alcoholic beverage sales policy acknowledgment form to those present, and Mr. Keiser explained that all AR servers are required to read and sign this form on a daily basis when they are on duty. Mr. Keiser showed those present a photocopy of the policy acknowledgement form signed by Mr. Rozelle and others on the date of the incident. - Mr. Davidson stated he has represented AR for fifteen years. Mr. Davidson provided details to those present regarding the extensive alcoholic beverage sales training program AR provides to all its servers. Mr. Davidson stated this training is detailed and painstaking in nature. Mr. Davidson stated that certification training, which includes role-play exercises, is given to all servers before they come in contact with customers. Mr. Davidson stated that AR management has learned that the best way to indoctrinate their employees in the proper and lawful manner of selling alcoholic beverages is to require them to sign a policy acknowledgement form every day they are on duty. Mr. Davidson stated that information pertaining to minimum birth date requirements for persons wishing to purchase alcoholic beverages is posted at various locations in the establishment, and that there should be no mistakes. Mr. Davidson stated it is the policy of AR that all purchasers of alcoholic beverages must present proper identification before any alcoholic drink is dispensed. Mr. Davidson stated that all AR employees found to be involved in the sale of alcoholic beverages to underage persons are terminated. Mayor Bacon asked Mr. Keiser what effect a suspension of AR's alcoholic beverage sales license would have, and Mr. Keiser stated a suspension would negatively impact AR's revenues. Council Member Smith asked Mr. Keiser if AR servers are required to work at a pace which could cause them to fail to pay attention to information on a customer's identification, and Mr. Keiser said no. Mayor Bacon asked Ofc. Maloney if AR has been the subject of complaints of sale of alcoholic beverages to underage persons, and Ofc. Maloney said no. Council Member Newcomb asked Ofc. Maloney how many times AR has been checked for compliance previously, and Ofc. Maloney stated this is the first time he has conducted a check there. Council Member Newcomb asked Ofc. Maloney to try to maintain some type of record of the number of times individual alcoholic beverage sales establishments are checked. Council Member Smith asked Ofc. Maloney if any locations have been checked which were the subjects of complaints of sales of alcoholic beverages to underage persons. Ofc. Maloney stated a few businesses which were the subjects of complaints have been checked, but that these were mostly convenience stores. Mr. Davidson stated a copy of the offending employee's written statement concerning the incident is included in the AR information furnished to the Mayor and Council Members. MOTION: Council Member Newcomb made a motion to adjourn into executive session. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (Clerk's Note: executive session commenced at 9:05 p.m.) MOTION: Council Member Scoggins made a motion to adjourn from executive session and to reconvene the public meeting. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (Clerk's Note: executive session ended at 9: 15 p.m.) - MOTION: Council Member Pritchett made a motion to impose a one-year probation on the alcoholic beverage sales license for Applebee's Restaurant with the condition that the company's management continues to administer its responsible alcoholic beverage sales and service training program to all servers. The motion was seconded by Council Member McNabb. November 1. 2004 8 Council Member Pritchett stated that, based on the evidence which indicates the offending server in this case was generally a good employee, the City's leadership would not be averse to this individual being given a second chance at Applebee's Restaurant. The motion was approved 7-0. - (B) Show Cause Hearing - Alcoholic Beverage Violation - Border Mexican Restaurant- 2569 Cobb Parkway - Napoleon Vela, Agent Mr. Wright stated that on October 11,2004 at approximately 7: 15 p.m., Ofc. Defense and a 16 year old informant entered the subject establishment and the informant was able to purchase an alcoholic beverage there. Mr. Wright stated this is the second violation for this location in the past twelve months. Mr. Wright stated the staff at Evindi, Inc. has advised that Mr. Vela has completed the responsible alcoholic beverage sales and service class as required by the city council during July of the current year. The oath was administered to several persons by Mr. Cochran. Mr. Cochran recognized Ofc. Maloney, and Ofc. Maloney stated that at on October 11,2004 at approximately 7: 15 p.m., Ofc. Defense and a 16 year old informant entered the subject establishment. Ofc. Maloney stated the server, Javier Garcia, brought the informant and Ofc. Defense a pitcher of alcohol ic drink and poured each of them a glass, and then left the glasses and pitcher with them. Ofc. Maloney stated that neither the informant nor Ofc. Defense were required to present identification to order the alcoholic beverage. Ofc. Maloney stated the offending server was arrested and transported to the City police station to post bond. Mr. Cochran recognized Mr. Vela, and Mr. Vela stated that Ofc. Maloney's testimony is accurate. Mr. Vela stated that the responsible alcoholic beverage sales and service class presented by Evindi, Inc. which he completed was very informative and well planned. Mr. Vela provided details to those present regarding training for the sale of alcoholic beverages which he has been providing to his staff. Mr. Vela stated that the offending server in this case was only employed at Border Mexican Restaurant (BMR) for a period of four months, and was terminated after the incident. Mr. Vela stated he asked the offending employee why he did not check for identification when he sold the alcoholic beverage to the informant, and Mr. Vela said the employee explained that he was busy at the time. Mr. Vela expressed the view that suspending a server's individual permit for a period of 15 days for a first offense is too lenient. Mr. Cochran stated that the offending employee has not yet appeared in court in connection with this violation, and that the possibility of additional penalties for this individual exists. Mr. Cochran stated if the offender does not appear at his court date, a warrant for his arrest for failure to appear could be issued. Council Member Pritchett suggested to Mr. Vela that a daily sign-in sheet such as the one used at Applebee's may be a good tool for him to use to remind BMR employees of their responsibilities when selling alcoholic beverages. Mayor Bacon asked Ofc. Maloney if BMR has been the subject of complaints of sales of alcoholic beverages to underage persons, and Ofc. Maloney said no. - MOTION: Council Member Pritchett made a motion to adjourn into executive session. The motion was seconded by Council Member McNabb. Motion was approved 6 - O. (Clerk's Note: Council Member Scoggins was not present at the time of this vote. Executive session commenced at 9:35 p.m.) - November 1. 2004 9 - MOTION: Council Member McNabb made a motion to adjourn from executive session and to reconvene the public meeting. The motion was seconded by Council Member Wood. Motion was approved 6 - o. (Clerk's Note: Council Member Scoggins was not present at the time of this vote. Executive session ended at 9:45 p.m.) MOTION: Council Member Pritchett made a motion to suspend the privilege license for alcoholic beverage sales for Border Mexican Restaurant for 5 days beginning November 2, 2004 at 6:00 a.m. and ending November 7, 2004 at 6:00 a.m., and to place said license on probation for two years commencing at midnight tonight. Council Member Pritchett stated additional conditions will be imposed. Council Member Pritchett stated that the owner and agent, as well as all managers and staff members, shall require proper identification from all persons attempting to purchase alcoholic beverages at the establishment. Council Member Pritchett stated that, as a further condition, all servers will be required to sign, on a daily basis while on duty, a form indicating acknowledgement that they have been properly trained to sell alcoholic beverages in a lawful manner, and that they are conversant with all the applicable regulations. The motion was seconded by Council Member Newcomb. Motion was approved 6 - o. (Clerk's Note: Council Member Scoggins was not present at the time of this vote.) CITIZENS INPUT: Mayor Bacon asked Council Member Lnenicka to preside over this portion ofthe agenda. Council Member Lnenicka recognized Mr. Floyd Millis, residing at 1878 Wynridge Drive, and Mr. Millis expressed the view that citizens input is a good use of council meeting time and does not significantly delay meetings. - Council Member Lnenicka recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry expressed views regarding the DUI Task Force and police operations. Council Member Lnenicka stated that the purpose of citizens input is to give citizens an opportunity to express views and to make the City's leadership aware of possible problems which may need to be corrected. Council Member Lnenicka stated that the City's elected officials and staff can be contacted directly by citizens who may have questions or who are seeking assistance of some type. Council Member Lnenicka stated it appears that there are times when the citizens input segment of the agenda is being diverted from its intended purpose to be used instead as a forum for personal attacks and unfounded allegations. Council Member Lnenicka stated council meetings are held for the purpose of attending to City business. ADJOURNMENT: With no further business, the meeting was adjourned at 10:00 p.m. - November I. 2004 A. MAX BACON, MAYOR ddA~--- ' 'BILL SCOGGINS, WA~3 r!~~W~ CHARLES PETE WOOD, WARD 7 10 ~fJ.~ SUSAN D. HIOTT, CITY CLERK - ~."' J~ RON NEWCOMB, WARD 2 -1ll5. /) 1/ iY(;!?1 / I ~ (~rt- MIC EL McNABB, WARD - - Resolution No. 2004-5 - A Resolution by the Mayor and Council of the City of Smyrna, Georgia, authorizing the Community Development Department to submit a grant application to the State of Georgia for a Quality Growth Grant Whereas: The State provides funds to local governments to prepare ordinances and regulations which promote growth preparedness, sustainable development or other quality growth strategies. These activities, which are funded through the State's Quality Growth Grant Program, require a 100% local match; and, Whereas: The Community Development Department has prepared a grant application to fund an update of the City's Zoning Code. If approved, the grant would enable the City to create a new Land Development Code to replace the existing Zoning Code incorporating the City's existing requirements, while providing additional standards for landscaping and innovative neo-traditional zonings; and, Whereas: The total estimated budget for the study is approximately $82,000 of which $15,000 will come from the FY 05-06 Community Development budget and $27,000 will be provided as in-kind contributions. The remainder of the costs would be funded by the State. - Therefore: Be it hereby resolved by the Mayor and City Council of the City of Smyrna, Georgia that the Community Development Director is authorized to proceed with the submission of said grant application. IN WITNESS THEREOF, this Resolution has been duly adopted by the governing authority of the City of Smyrna, Georgia on the 1st day of November, 2004. A. Max Bacon, Mayor - ~ ~ A TTEST~.{L~LY1L) I) 7llj)~ Susan D. Hiott, City Clerk ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 673 Acres 7.542 2004-31 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, ofthe Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified ofthe 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 November 1,2004 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 ofthe property owners of the area to be annexed and ofthe citizens ofthe municipality; and - WHEREAS, at a regular meeting ofthe 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 1st November, 2004 A. Max Bacon, Mayor ~~uD.Yi-At Susan D. Hiott, City Clerk City of Smyrna - sjd1~AttomeY City of Smyrna Ordinance No. 2004-31 Exhibit "A" - LEGAL DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 673 & 696 OF THE 17TH DISTRICT, 2ND SECTION, OF COBB COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY OF LEE ROAD EXTENSION (HAVING A 30.' R1W) AND THE WEST RIGHT -OF - WAY OF PINE RIDGE ROAD (HAVING A 30' R1W), GO THENCE S87012'55"W A DISTANCE OF 155.36' TO A POINT; GO THENCE N05036'18"E A DISTANCE OF 81.71' TO A POINT; GO THENCE N59011 '49"W A DISTANCE OF 139.03' TO A POINT; GO THENCE S04007'56"E A DISTANCE OF 54.84' TO A POINT; GO THENCE S87018'26"W A DISTANCE OF 196.34' TO A POINT; GO THENCE NIl 045, 19"E A DISTANCE OF 43.18' TO A POINT; GO THENCE S87021 ' 12"W A DISTANCE OF 158.34' TO A POINT; GO THENCE SII047'45"W A DISTANCE OF 150.29' TO A POINT; GO THENCE S87020'30"W A DISTANCE OF 76.85' TO A POINT; - GO THENCE N04000'00"W A DISTANCE OF 630.63' TO A POINT; GO THENCE N87006'23"E A DISTANCE OF 173.14' TO A POINT; GO THENCE S58015'45"E A DISTANCE OF 105.74' TO A POINT; GO THENCE S67012'22"E A DISTANCE OF 1 03.87' TO A POINT; GO THENCE S74046'29"E A DISTANCE OF 100.13' TO A POINT; GO THENCE S86023'36"E A DISTANCE OF 103.64' TO A POINT; GO THENCE S77046'44"E A DISTANCE OF 96.91' TO A POINT; GO THENCE S64001 '51"E A DISTANCE OF 83.70' TO A POINT; GO THENCE S04018'58"E A DISTANCE OF 214.67' TO A POINT; GO THENCE S04010'2TE A DISTANCE OF 182.73' TO A POINT; GO THENCE S04013'2TE A DISTANCE OF 21.07' TO A POINT AND THE POINT OF BEGINNING. SAID TRACT CONTAINS 7.542 ACRES - AFFIDA VIT - 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 1 st day of November, 2004. (2) That it is my understanding that a.c.G.A. S50-14-4(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 1 st of November, 2004, which was closed for the purpose(s) of discussion of legal matters as allowed by a.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 a.c.G.A. S50-14-4(b) that such an affidavit be executed. - This 1 st day of November, 2004. ~~ _(. {:6~~ Mayor/Presiding ark Sworn to and subscribed before me This 1 st day of November, 2004. (j). CjJ d;{1I:",1 ~~'I'!fll ........'" c~\.'.~ ),/~-:'.,..0 ~''.,,~ (:(",'~' .;\)~} -;.L. ',', '. .. ~ \~~',.~:.,.:~\,~" ~ ...~../ ,~~ "~,.;" C';.:;",<~"". j1. ,,-.......... "fll/I';;,;-;-; 1\ i"'i ;~.,\'\' - Agenda Item lOAf Applebee's Restaurant AFFIDA VIT - Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, Mavor 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 1 st day of November, 2004. (2) That it is my understanding that a.c.G.A. S50-l4-4(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 1st of November, 2004, which was closed for the purpose(s) of discussion of legal matters 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. S50-l4-4(b) that such an affidavit be executed. - This 1 st day of November, 2004. _/~7- Mayor/Presiding Officer Sworn to and subscribed before me This 1 st day of November, 2004. \\\\\,'\111111"'1'(" ",\~ I\.t~ D. I-t,'" ....'. ,~r:.."'~'h',_ 0,10'" $' '-.) ..~:~ \_".;"'~. \ ~.~. J' :,>:;, f 0./.' r ..... .A~ E l 0.,,>< \ ~ ~ {G:. 1 ~ \. \. '~"" ./ f -:;. C(i,<(r I .~/. -\. $ .......", (;'" ",'"..,,, ..."....', .~" ......' "II~/;J GO\) \~\\\..., 1/1111111\"'\\ - Agenda Item lOB/Border Mexican Restaurant