Loading...
12062004 December 6, 2004 Council Meeting December 6, 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, Community Development Director Chris Miller, City Engineer Ken Hildebrandt and representatives of the press. Invocation was given by Reverend Ryan Bunch from Sharon Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda item #4D (Rezoning Request Z04-027 - R-15 to RAD Conditional- 5.22 Acre Tract -1363 through 1461 Belmont Avenue - Johnson/Willis, LLC ) will be tabled until the December 26, 2004 council meeting. Mayor Bacon stated that agenda item #6E will be heard at this time. FORMAL BUSINESS: (A) Approval of Resolution Calling for a Special Election Regarding Incurrence of Unbonded Debt for Parks and Recreation Facilities Improvements - Mr. Wright stated that the City is proposing to contract with the Smyrna Downtown Development Authority (DDA) to issue $22,000,000 in bonds for park improvements. Mr. Wright stated that the Resolution will call for a referendum on March- 15, 2005 to give the City residents an opportunity to decide whether or not they want this proposal to be approved and implemented. Mr. Wright stated that a number of improvements needed for the City parks system are identified in the Parks and Recreation Master Plan. Mr. Wright stated this proposal is designed to meet as many of these identified needs as possible. Mr. Wright stated that public meetings have been held and that various local recreation interest groups have been consulted to solicit public input. Mr. Wright provided details to those present concerning how the proposed funds will be apportioned for various projects. MOTION: Council Member Wood made a motion to approve a Resolution calling for a special election regarding incurrence of un bonded debt for parks and recreation facilities improvements. The motion was seconded by Council Member McNabb. Mayor Bacon recognized Mr. Gordon Mortin, and Council Member Wood asked Mr. Mortin to provide details to those present concerning the terms of the proposed bonds. Mr. Mortin stated that the proposed referendum calls for unbonded indebtedness because the bonds will be issued by the DDA rather than the City. Mr. Mortin stated the City has previously funded other major improvements in its downtown area in a similar manner. Mr. Mortin stated that in this case the residents of the City will vote on the payment obligation and the improvements for which the funds will be earmarked. Council Member Wood stated the proposed bonds would not be general obligation bonds, and that the City will be responsible for payment ofthe principal and interest. Mayor Bacon stated this proposal is geared towards providing funding for the desired improvements in a timely manner without creating a need to raise the property tax millage rate. Mayor Bacon stated that continued growth in the City is anticipated, and that this growth is expected to generate additional revenues to help pay for the planned improvements. Motion was approved 7 - O. - December 6. 2004 2 Council Member Wood stated that it will be necessary to approve a letter of understanding between the City of Smyrna and Knox, Wall & Company in connection with the proposed bonds for parks improvements. - MOTION: Council Member Wood made a motion to approve the letter of understanding between the City of Smyrna and the Knox Wall Division of Morgan Keegan & Company. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. Mayor Bacon stated that agenda item # 11 A (Show Cause Hearing - Alcoholic Beverage Violation - Red Lobster #392 - 2579 Cobb Parkway - Kim Thi Trang, Agent) will be changed to item #5B of the agenda under the privilege license caption. MAYOR'S REPORT: Mayor Bacon recognized School Board Representative Curt Johnston, and Mr. Johnston introduced Principal Judy Hansard and students from Argyle Elementary School to those present. The students made a presentation regarding the character education word of the month to those present. LAND ISSUES/ZONING/ANNEXATION: (A) Public Hearing - Rezoning Request Z04-025 - R-15 to RAD Conditional - Anderson Circle, Elizabeth Street and Spring Street - Hatcher Homes Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to numerous persons by Mr. Cochran. - Mr. Wright stated Hatcher Homes, Inc. is proposing to rezone a 6.13 acre parcel to accommodate twenty-three residences at a density of 3.75 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) voted to recommend approval of the revised rezoning plan on November 29, 2004. Mr. Wright stated that staff recommends approval for twenty-three residences subject to a number of conditions. Council Member Scoggins recognized Mr. Ed Hatcher, and Mr. Hatcher stated that he believes a connection between Elizabeth Street and Anderson Circle is an important aspect of this proposed project. Mr. Hatcher stated that the amount of right-of-way (ROW) on Elizabeth Street is limited. Utilizing a graphic representation, Mr. Hatcher provided details to those present regarding the proposed project. Mr. Hatcher stated the style of the proposed houses will be consistent with other existing structures in the subject area. Mr. Hatcher stated the proposed houses will comprise a minimum of about 2,500 s.f. each, with a projected selling price of approximately $400,000 apiece. Mr. Hatcher provided details to those present concerning steps he has taken to help make certain storm water runoff will be properly channeled on the subject tract. Council Member Scoggins asked if the proposed street reconfiguration on the subject tract can be accomplished without creating any traffic problems there. Mr. Hildebrandt stated that signs, street markings and other measures can be used to help efficiently route traffic through the area. Council Member McNabb asked Mr. Hatcher what would prevent a motorist from making a right turn and proceeding on Elizabeth Street. Mr. Hatcher stated that signs indicating one-way traffic and warning motorists not to enter will be posted appropriately. Council Member McNabb asked Mr. Hatcher where visitors to the proposed community could park. Mr. Hatcher stated that the proposed houses will be designed to provide parking for two additional cars behind the garage area of each house, and that some additional parking spaces could be built in the community. - December 6, 2004 ,.., -' .... Council Member McNabb asked Mr. Hatcher if he would agree to a zoning stipulation pertaining to provision of the additional parking spaces, and Mr. Hatcher answered in the affirmative. Council Member McNabb asked Mr. Hatcher if he would agree to a zoning stipulation prohibiting permanent parking of vehicles in the street at the subject location, and Mr. Hatcher answered in the affirmative. Council Member Smith asked Mr. Hatcher if the owners of existing houses in the affected area have been apprised of the fact that traffic from the new development will be channeled onto Anderson Circle. Mr. Hatcher stated that copies of the plat were distributed in the neighborhood. Mayor Bacon recognized Mr. Lemuel Ward, residing at 1496 Spring Street, and Mr. Ward commented favorably on Mr. Hatcher's cooperation with those involved in, and potentially affected by, the proposed development. Mr. Ward expressed concerns about the use of RAD Conditional zoning, and stated that caution should be exercised when considering the use of this zoning category. Mr. Ward stated that the proposed houses will be built on rather small lots. Mayor Bacon recognized Mr. Jim Cunningham, residing at 2766 Stone Creek Road, and Mr. Cunningham expressed opposition to the proposed rezoning. Mr. Cunningham expressed the view that this rezoning application should be placed in abeyance until a matter pending in Federal court which he believes is pertinent is resolved. - Council Member Smith asked Mr. Miller if the proposed development as planned conforms to City requirements for the allowable percentage of impervious surfaces. Mr. Miller stated that conditional developments are site plan specific, and that the developer has some flexibility under this category in regard to the amount of impervious surfaces allowed. Council Member Newcomb asked Mr. Hildebrandt to provide details to those present regarding the storm water management measures planned for the subject tract. Mr. Hildebrandt stated that the City ordinances require a 10% reduction in the rate at which storm water runs off a development through the use of detention ponds. Mr. Hildebrandt stated that, because of the natural terrain features found in the area of the subject tract, a 20% reduction in water runoff rate has been prescribed. At Council Member Newcomb's request, Mr. Hildebrandt explained some of the planned storm water management measures proposed for the subject property in detail. Council Member Lnenicka asked Mr. Hatcher if he is willing to agree to a zoning stipulation which specifies a minimum house size for the proposed development, and Mr. Hatcher answered in the affirmative. Council Member Lnenicka provided details to those present concerning new construction methods and specialty materials which increase the permeability of finished surfaces, and indicated he would like to see technologies of this type considered for use in the proposed development. Council Member Smith asked Mr. Hatcher if he will consider increasing the lot sizes for the proposed development from 6,000 s.f. to 8,000 s.f. Mr. Hatcher stated that an increase in lot sizes would result in a reduction in the amount of common area available for the development. At Council Member Scoggins' request, Mr. Miller read the stipulations for the proposed development into the record as follows: I. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. .... 2. There shall be protective covenants with a mandatory homeowners association on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. December 6. 2004 4 3. The developer shall provide at least 200 square feet of common space per lot. This common space shall be developed with improvements for the residential subdivision such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association. - 4. All utilities within the development shall be underground. 5. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 6. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 20 feet. 7. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 8. No debris may be buried on any lot or common area. 9. 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". - 1 O. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 11. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. There shall be a landscaped front entrance, with monument, indicating the name of the development. 12. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 13. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. Special Conditions 14. The detention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 20% reduction in a 1 -100-year storm event because the site lies within the Poplar Creek Basin. The City Engineer shall approve all plans. Additionally, if designed properly, the detention area may be able to serve a dual purpose as open space as well. - December 6. 2004 5 15. The real boundary and not the approximate boundary of the floodplain shall be delineated on the final plat. - 16. A 50' stream buffer shall be provided along the stream that flows across the southeast portion of the site. 17. The development shall maintain the following setbacks: Front - 15' from proposed street Front - 25' from existing rights-of-ways (Elizabeth Street, Spring Street and Anderson Circle) Rear - 20' as measured from face of the garage to the edge of the right-of-way Side (exterior) - 10' Side - 15' between buildings Building setbacks along Elizabeth Street shall be calculated from the existing right-of- way. 18. Five-foot wide sidewalks shall be constructed along the east side of Elizabeth Street and one side of the new public street. 19. The final plat for the development shall include a right-of-way dedication of 10' along Elizabeth Street per the City Engineer. 20. The section of Elizabeth Street between Spring Street and the new public road shall be one-way street from north to south. - 21. The new public road between Elizabeth Street and Anderson Circle shall be a one-way street from west to east. The pavement width can be reduced to 15' and the right-of-way can be reduced to 40'. 22. The developer shall have the option to count existing specimen trees toward the minimum tree density requirements under the following conditions: A. No land disturbance occurs within the Critical Root Zone (CRZ), or; B. Land disturbance occurs within the CRZ and a five-year tree bond or letter of credit is provided to City. This bond or letter of credit shall be equal to the replacement cost associated with the specimen tree (with 4" caliper trees) and an inspection by a certified arborist after the final certificate of occupancy is issued and when the bond/letter of credit is requested to be released. 23. The Tract including the Floodplain portion of site, adjacent to Anderson Circle, shall be utilized for the purposes of a Common Area and Drainage only. This parcel shall be denoted as such on the Final Plat. Access to Lots 18 through 23, shall be provided via the Proposed Drive & Utility Easement and the Proposed Dedicated Street connecting Anderson Circle and Elizabeth Street. Lots 18 through 23 will not be required to have a connection to the existing public street or public road frontage. .... December 6. 2004 6 24. The development may include 16 parallel parking spaces located adjacent to the Elizabeth Street right-of-way on private property for temporary parking only. No permanent parking in these spaces shall be permitted. - 25. Each home will be a minimum of2,500 s.f. in size. Council Member Scoggins asked Mr. Hatcher if the stipulations as read are acceptable, and Mr. Hatcher answered in the affirmative. MOTION: Council Member Scoggins made a motion to approve Rezoning Request 204-025 for R-15 to RAD Conditional for Anderson Circle, Elizabeth Street and Spring Street for Hatcher Homes, Inc. The motion was seconded by Council Member Pritchett. Motion was approved 6 - 1 with Council Member Smith in opposition. (B) Public Hearing - Variance Request V04-041 - Reduction in Minimum Lot Size - Church Street - J. D. Cunningham, Inc. Mr. Wright stated the applicant has requested a variance to subdivide a 0.568-acre property into two lots comprising approximately 12,000 square feet (s.f.) each for single-family residential development in an R-15 zone. Mr. Wright stated the minimum lot size for an R-15 zoned area is 15,000 s.f. Mr. Wright stated that, because the variance would also require a change in land use from low density to medium density, staff does not recommend approval of the proposed vanance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Cunningham, and stated this variance request was tabled from a previous meeting to afford Mr. Cunningham an opportunity to try to reach some resolution in this matter with the Community Development Department staff. Council Member Scoggins asked Mr. Cunningham if he consulted with the Community Development Department staff regarding possible solutions. Mr. Cunningham stated he spoke with them briefly, but that no resolution has been reached. Council Member Scoggins asked Mr. Cunningham if he understands what has been proposed by the Community Development Department staff, and Mr. Cunningham answered in the affirmative. Mr. Cunningham stated that the Community Development Department staff offered to expedite the processing of a rezoning request if he wished to apply for rezoning. Mr. Cunningham expressed the view that the matter before the council is a variance issue rather than a rezoning issue, and that he intends to pursue it as a variance. Council Member Scoggins asked Mr. Cunningham if he understands that, if the variance request is not approved, he will be required to wait a period of one year before reapplying, and Mr. Cunningham answered in the affirmative. Mayor Bacon asked Mr. Cunningham why he cannot consider trying to accomplish his objectives through a rezoning request. Mayor Bacon stated that the Community Development Department staff has offered to expedite the processing on a rezoning request for the subject tract ifhe applies for one, and to apply any application fees he has paid to date towards the rezoning application. Mr. Cunningham stated he believes that a rezoning in this instance would set a bad precedent, and that rezoning is not the legally correct way to achieve his goals in this case. - The oath was administered to at least one person by Mr. Cochran. Mr. Cunningham expressed various views which he believes support his position that his proposal should be treated as a variance rather than as a rezoning. Mr. Cunningham expressed the view - December 6. 2004 7 .. that rezoning should be used for large numbers of complex changes. Mr. Cunningham stated that when a variance is granted, non-conforming use is ignored. Mr. Cunningham stated he believes the City uses variances for changes within the zoning classifications, and not for density divisions on the land use map. Mr. Cunningham stated a variance has no more impact on the land use map than it does on a zoning map. Mr. Miller provided details to those present concerning the City's recommendation that Mr. Cunningham's proposal be processed as a rezoning rather than a variance. Mr. Miller indicated it was recommended to Mr. Cunningham that he try to accomplish his objective through a rezoning. Mr. Miller stated that the City is willing to expedite a rezoning request for Mr. Cunningham so that the process would require only about two weeks additional time. Mayor Bacon asked Mr. Miller why it would make a difference if the subject property is rezoned instead of a variance being approved if the result is the creation of the two lots desired. Mr. Miller stated the rezoning process is a stronger process which requires more advertisement and more review by the PZB. Mr. Miller stated staff believes that rezoning in this type of situation is the appropriate approach, and that the city attorney supports this view. Mayor Bacon stated he believes that rezoning in this instance is appropriate, and that reasonable efforts have been made by the City's staff to make it convenient for the applicant to submit a rezoning application. MOTION: Council Member Scoggins made a motion to deny Variance Request V04-041 for a reduction in minimum lot size at Church Street for J. D. Cunningham, Inc. The motion was seconded by Council Member Newcomb. Motion to deny the request was approved 5 - 0, with Council Members Lnenicka and Smith abstaining. (C) Public Hearing - Variance Request V04-042 - Reduction in Minimum Lot Width- Church Street - J. D. Cunningham, Inc. - Mr. Wright stated that the R-15 zoning requirements call for a minimum lot width at the setback line of 85,' and that the applicant has requested a reduction to 59.28.' Mr. Wright stated that, because approval of the requested variance would necessitate a land use change, staff does not recommend approval of the requested variance. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. Mayor Bacon recognized Dr. Sandra McQueen, residing at 980 Church Street, and Dr. McQueen stated that the subject property was posted in such a way as to lead residents in the area to believe the hearing pertaining to the subject property was scheduled for a future date. Dr. McQueen expressed the view that the hearing for the subject property should be held on December 20 of the current year in order to give residents of the affected area an opportunity to be heard in relation to this matter. Mr. Cunningham stated he did not apply for the rezoning advertised on the posted sign alluded to. Mr. Cochran asked Mr. Cunningham ifhe wishes to proceed with this hearing until it is concluded with a vote by the council, and Mr. Cunningham answered in the affirmative. Mr. Cochran asked Mr. Cunningham if, considering the question which has been raised concerning the notice of public hearing posted on the subject property, he we would prefer to have this measure continued until a subsequent meeting, and Mr. Cunningham indicated that he wishes to proceed with the hearing currently in progress. - December 6. 2004 8 Mr. Miller stated that the subject property was posted with the December 20 date in anticipation of the possibility that a rezoning application for the property could proceed. Mr. Miller stated a rezoning application for the subject property was never received. - MOTION: Council Member Scoggins made a motion to deny Variance Request V04-042 for a reduction in minimum lot width at Church Street for J. D. Cunningham, Inc. The motion was seconded by Council Member Newcomb. Motion to deny the request was approved 5 - 0, with Council Members Lnenicka and Smith abstaining. (D) Public Hearing - Rezoning Request 204-027 - R-15 to RAD Conditional- 5.22 Acre Tract -1363 through 1461 Belmont Avenue - Johnson/Willis, LLC Mayor Bacon asked if there is anyone present in relation to this matter, and there was no response. MOTION: Council Member Scoggins made a motion to table Rezoning Request 204-027 from R-15 to RAD Conditional for a 5.22 acre tract at 1363 through 1461 Belmont Avenue for Johnson/Willis, LLC until the December 20,2004 council meeting. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (E) Public Hearing - Rezoning Request 204-030 - R-15 to R-15 Conditional- North Cooper Lake Road and West Cooper Lake Road - Joe Romano Mr. Wright stated the applicant is requesting to build a subdivision of single-family homes at the subject location. Mr. Wright stated the initial plan filed for the subject property specified a rezoning from R-15 to R-12 for construction of eight residences. Mr. Wright stated the proposal was approved by P2B for a total of seven houses, and was subsequently denied by the council. Mr. Wright stated that, after mediation, the applicant has agreed to reduce the number of residences from eight to seven, and seek R-15 Conditional zoning for the property at a density of 2.68 units per acre. Mr. Wright stated that staff recommends approval of the rezoning subject to a number of stipulations. - Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. Council Member Wood recognized Mr. Garvis Sams, an attorney representing the applicant. Mr. Sams stated that this rezoning request was formulated in mediation in connection with a civil dispute between the City and the applicant as a proposed settlement. Council Member Wood stated that the proposal under consideration is for R-15 zoning, and that every lot will be developed and will comprise at least 15,000 s.f. Mr. Sams stated that this rezoning request meets all the criteria ofR-15 zoning. Council Member Wood stated the zoning as presently proposed would result in a low density land use, whereas the plan as originally submitted would have resulted in a medium density land use of slightly more than three units per acre. Mayor Bacon recognized Mr. David Arnold, residing at 4120 West Cooper Lake Drive, and Mr. Arnold expressed the view that notification regarding the public meetings in connection with this matter may not have been adequate. Mayor Bacon provided details to those present regarding signs which were posted in the subject area to advertise public meetings relating to this rezoning request. Mr. Arnold indicated he is uncertain about the current status ofthis zoning matter, and Council Member Wood briefly provided background information on this rezoning request to those present. Mr. Arnold asked why this rezoning is being given a conditional designation. -- December 6, 2004 9 - Council Member Wood stated that the conditional designation indicates that certain stipulations will be associated with approval of the rezoning. Mr. Miller stated that standard zoning categories, e.g., R-15 and R-12, establish minimum requirements for subdivisions. Mr. Miller provided details to those present regarding some of the conditions for the proposed development agreed to by both City staff and the applicant. Council Member Newcomb asked Mr. Miller if it is correct that the proposed conditions are an addition to the development standards and not an attenuation of them, and Mr. Miller answered in the affirmative. Mr. Miller stated that this request is being brought before the elected body again as a part of the appeal and settlement process. Council Member Wood stated the applicant's appeal was made to the superior court of Cobb County, and that the matter was sent to mediation. Mr. Sams stated the minimum house size for the development will be 2,800 s.f. with a maximum of3,500 s.f. Mr. Sams stated the price ofthe houses will range from over $300,000 to over $400,000. Mr. Sams stated that when the subject tract was annexed and rezoned in 2001, six houses were approved for the rezoning. Mr. Sams provided details of the various design elements planned for the structures and other features of the subdivision to those present. Mr. Sams stated that the applicant has agreed to a stipulation requiring the applicant to apply to the City for a residential developmental permit no later than 90 days after the settlement of the litigation. Council Member McNabb asked Mr. Sams if it is correct that, if this rezoning request is approved at this meeting with the stipulations agreed upon, Mr. Sams and his client will not pursue any further litigation in connection with this rezoning request. Mr. Sams stated that, if this measure is approved at this meeting, and no appeal of the decision is filed within thirty days of approval of the measure, the suit will be dismissed without prejudice and that claims the applicant previously had will be waived. - Mayor Bacon recognized Mr. Mike Burgess, residing at 3805 West Cooper Lake Drive, and Mr. Burgess asked how the proposed density for this rezoning compares to the density of Karen Court. Mr. Miller stated the proposed density for the subject property under consideration is similar to the density found on Karen Court. Mr. Burgess stated he would like to see the subject property maintained in good order during the construction process. Mayor Bacon recognized Mr. Tom Pritchard, residing at 2406 Vinings Oaks Court, and Mr. Pritchard indicated he would like some assurance that access to the residences in his neighborhood will not be blocked by equipment during the construction process at the subject location. Mr. Pritchard expressed concerns about damage to the streets in the area of his residence. Council Member Wood asked Mr. Pritchard to contact him if Mr. Pritchard observes what he believes are any problems in the subject area. At Council Member Wood's request, Mr. Miller read the stipulations as set forth in the letter from the office of Sams, Larkin and Huff dated October 27, 2004: 1. The rezoning of the subject property shall be specific to and consistent with that certain revised site plan, prepared by Gaskins Surveying & Engineering, dated August 4, 2004, except as otherwise modified by the Mayor and City Council. 2. Rezoning of the subject property shall be from R-15 to R-15 for the purposes of the development of a custom, quality-built, single-family, detached residential community consisting of a total number of seven (7) homes at a maximum density of 2.68 units per acre. 3. A minimum home size of2,800 sq. ft. with a range up to 3,500 sq. ft. - December 6, 2004 10 4. All ofthe homes within the community shall feature a two-car garage with carriage house garage doors. 5. Architectural style ofthe homes shall be consistent with the renderings/elevations prepared by Caldwell'Cline which are being submitted contemporaneously herewith. The composition of said homes shall consist of brick, stone, stucco, cedar shake and a minimal amount of hardy plank siding. These elevations will be consistent on all four (4) sides of each home. - 6. The creation of a mandatory homeowners association and the submission of Declaration of Covenants which shall include, inter alia, strict architectural controls. 7. A third-party management company shall be hired to manage the day-to-day operations of the homeowners association and shall be responsible for the management of all association monies as well as insuring that the association is properly insured. 8. The private street built within the development shall be built to the City's Design and Detail Specifications with the maintenance of same being the sole responsibility of the mandatory homeowners association. The Declaration of Covenants shall contain specific recitals with respect to the private street being the responsibility of the mandatory homeowners association and these Covenants shall be submitted to staff and/or the City Attorney for review and approval. 9. The submission of a landscape plan, designed by a registered landscape architect, during the Plan Review process which shall be subject to staff review and approval and which shall include the following: - a. Sodded front, side and rear yards. b. The installation of underground utilities. c. Landscaped and irrigated features throughout the residential community and at its entrance on West Cooper Lake Drive. d. The installation of decorative street lights throughout the development themed to the foregoing architectural style. 10. Subdivision entrance signage on West Cooper Lake Drive shall be ground-based, monument style, consistent with provisions of the City of Smyrna Sign Ordinance and incorporated into the landscape plan for the community. Said signage shall be complemented by appropriate landscaping which shall be irrigated. 11. Compliance with the recommendations from the City Engineer with respect to hydrology, stormwater management and down stream considerations including, but not limited to, recommendations regarding the ultimate configuration and location of on-site detention. The detention area shall be hidden from view by way of natural as opposed to man-made materials and shall be subject to staff review and approval. 12. Compliance with recommendations from the City Engineer with respect to traffic/ transportational issues. - December 6. 2004 11 13. An application for a residential developmental permit shaH be submitted to the Community Development Department no later than 90 days after the settlement of litigation and rezoning are approved. - Council Member Wood asked Mr. Sams ifthe stipulations as read are acceptable, and Mr. Sams answered in the affirmative. MOTION: Council Member Wood made a motion to approve Rezoning Request 204-030 from R-15 to R-15 Conditional at North Cooper Lake Road and West Cooper Lake Road for Joe Romano subject to the thirteen stipulations read into the record. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (F) Public Hearing - Variance Request V04-037 - Reduction in Number of Parking Spaces- 13 18 Concord Road - Sarah' s School of Fish Mr. Wright stated the applicant plans to construct a 57' x 60' addition to an existing building at the subject location. Mr. Wright stated the applicant does not anticipate a need for 20 parking spaces. Mr. Wright stated that staff recommends approval of this request because reduction in the number of parking spaces will decrease the amount of impervious surface at the subject location. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member McNabb recognized Ms. Sarah Merrill, and asked Ms. Merrill to explain the necessity of the requested variance to those present. Ms. Merrill stated she teaches only small groups of students, and that she does not need a large number of parking spaces at her facil ity. Council Member McNabb asked what the small structure on the premises will be used for. Ms. Merrill stated a small retail shop for swimming-related items may be opened there, but that such a shop is unlikely to have a high volume of traffic at any given time. Council Member McNabb asked Ms. Merrill if she is requesting 15 parking spaces at the subject location, and Ms. Merrill answered in the affirmative. Council Member McNabb asked Mr. Miller if there would be enough access space at the subject location if 9 parking spaces at the rear were eliminated. Mr. Miller stated that there is no potential impediment to emergency vehicles evident at the subject location. Mr. Miller stated that flexibility could be added to the variance by allowing the applicant to reduce the number of spaces to less than the 15 spaces requested. Mayor Bacon recognized a person wishing to make a comment, and the oath was administered to the person by Mr. Cochran. Mayor Bacon recognized Mr. Arthur Merrill, and Mr. Merrill provided information regarding the parking spaces at the subject location to those present. At Council Member Smith's request, Ms. Merrill provided details concerning the design of the structure which will be used for the business at the subject location. Council Member McNabb advised Ms. Merrill that a landscape buffer will be required between the business premises and the adjacent residential area. MOTION: Council Member McNabb made a motion to approve Variance Request V04-037 for a reduction in number of parking spaces to ten paved spaces at 1318 Concord Road for Sarah's School of Fish. The motion was seconded by Council Member Scoggins. Motion was approved 7-0. - December 6. 2004 12 (G) Public Hearing - Variance Request V04-038 - Reduction of Minimum Permeable Area- 1318 Concord Road - Sarah's School ofFish MOTION: Council Member McNabb made a motion to approve Variance Request V04-038 for a reduction of minimum permeable area at 1318 Concord Road for Sarah's School ofFish. The motion was seconded by Council Member Scoggins. Council Member Lnenicka made a motion to table Variance Request V04-038 for a reduction of minimum permeable area at 1318 Concord Road for Sarah's School ofFish until a subsequent council meeting. The motion to table the measure was seconded by Council Member Newcomb. The motion to table the measure was approved 5 - 2, with Council Members McNabb and Scoggins in opposition. (Clerk's Note: The City Clerk's Office will place this item on the agenda for the December 20,2004 council meeting) - (H) Public Hearing - Variance Request V04-043 - Permit for Construction ofIn-Ground Swimming Pool in Side Yard - Lot 5, Lois Pointe Subdivision - Theresa Lopez and Paul Carballis Mr. Wright stated the rear yard of the subject property has mature trees and slopes which would make that area unsuitable for a pool. Mr. Wright stated staff recommends approval of the in- ground swimming pool as detailed in the site plan submitted with the application. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka recognized Mr. Carballis, and asked Mr. Carballis to provide details to those present regarding the necessity of the requested variance. Mr. Carballis stated the only flat ground on the subject tract suitable for installation of a swimming pool is at the side of the house. Council Member Lnenicka asked if the occupants of the adjacent property have been contacted about this variance and, if so, if they have in fact expressed no objections to the installation of the pool at the side of the house, and Mr. Carballis answered in the affinnative. - MOTION: Council Member Lnenicka made a motion to approve Variance Request V04-043 for a permit for construction of an in-ground swimming pool in the side yard at Lot 5, Lois Pointe Subdivision for Theresa Lopez and Paul Carballis subject to the stipulation that the pool is constructed in conformance with the site plan submitted and that the fence along the front yard is constructed of wooden materials with no wire or chain link fencing. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: (A) 21,000 s.f. Office Building - 1890 Main Street - Humphries and Company MOTION: Council Member Lnenicka made a motion to approve a commercial building permit for a 21,000 s.f. office building at 1890 Main Street for Humphries and Company. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (B) 2,400 s.f. Car Wash - 3390 South Cobb Drive - Oyster Bay Car Wash MOTION: Council Member McNabb made a motion to approve a commercial building permit for a 2,400 s.f. car wash at 3390 South Cobb Drive for Oyster Bay Car Wash. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. - December 6, 2004 13 (C) 15,775 s.f. Retail Building - 2700 Cobb Parkway - Piedmont Companies ... MOTION: Council Member Pritchett made a motion to approve a commercial building permit for a 15,775 s.f. retail building at 2700 Cobb Parkway for Piedmont Companies. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (D) 11,082 s.f. Retail Building - 2690 Cobb Parkway - Piedmont Companies MOTION: Council Member Pritchett made a motion to approve a commercial building permit for an 11,082 s.f. retail building at 2690 Cobb Parkway for Piedmont Companies. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. PRIVILEGE LICENSE: (A) Privilege License Request - Retail Pouring (Beer Only) - La Placita Restaurant - 1669 B Spring Road - Rita B. Wheet, Agent Applicant Mr. Wright stated the submitted application has been found to be complete and in order, and that inquiry by the City police department has disclosed no unfavorable information. - Council Member Scoggins recognized Ms. Wheet. Council Member Scoggins asked Ms. Wheet if she has ever held an alcoholic beverage sales license before, and Ms. Wheet said no. Council Member Scoggins asked Ms. Wheet how she will train the employees at La Placita Restaurant (LPR). Ms. Wheet stated she will train all of her serving staff to check the identifications of all customers attempting to purchase alcoholic beverages at LPR. Council Member Scoggins asked Ms. Wheet if the City business license staff has furnished her with a copy of pertinent alcoholic beverage sales regulations, and Ms. Wheet answered in the affirmative. Mayor Bacon advised Ms. Wheet that local law enforcement authorities conduct undercover inquiries at businesses which sell alcoholic beverages to help make certain that alcoholic beverages are being sold in a lawful manner. MOTION: Council Member Scoggins made a motion to approve a privilege license request for retail pouring of beer for La Placita Restaurant at 1669 B Spring Road for Rita B. Wheet, Agent. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. SHOW CAUSE HEARING: (B) Show Cause Hearing - Alcoholic Beverage Violation - Red Lobster #392 - 2579 Cobb Parkway - Kim Thi Trang, Agent Mayor Bacon recognized Mr. Lynn Rainey, an attorney representing Red Lobster (RL), and Ms. Trang. Mr. Wright stated that on October 11,2004 at approximately 7:30 p.m., a City police officer and a 16 year old undercover informant entered the Red Lobster at 2579 Cobb parkway and the informant was able to purchase an alcoholic beverage there. Mr. Wright stated this is the first violation for this location. - Mr. Cochran recognized Ofc. Maloney, and Ofc. Maloney stated that on October 11,2004 at approximately 7:30 p.m., an undercover City police officer and a 16 year old undercover informant entered the Red Lobster at 2579 Cobb parkway. Ofc. Maloney stated a server December 6, 2004 14 identified as Laura Behne came to take their order, and that Ms. Behne requested identification from both the officer and the informant, and that identification was presented by both the officer and the informant. Ofc. Maloney stated that a second server, identified as Jacquyline Cummings, served beer to both the officer and the informant. Ofc. Maloney stated that both of the offending servers were transported to the City police station to post cash bond. Ofc. Maloney stated that Ms. Behne did not have an proper serving permit, but that Ms. Cummings did. Council Member Pritchett asked Ofc. Maloney if it has been determined whether or not Ms. Cummings' permit is in order. Ofc. Maloney stated Ms. Cummings has married recently and changed her last name, and that there is no evidence indicating that her permit was obtained fraudulently. - Mr. Rainey stated the fact that an underage person was furnished with beer at RL is not being contested. Mr. Rainey stated that RL has operated in Smyrna for over 20 years, and that this is the first time a mishap of this type which has occurred there. Mr. Rainey stated that RL is owned by Darden Restaurants (DR), and that DR has retained him to appear before the council on behalf of RL. Mr. Rainey provided details to those present concerning the extensive responsible alcoholic beverage sales and service training program used by DR entities. Mr. Rainey stated that all RL servers are trained to check identifications of all customers who appear to be less than thirty years of age when those customers attempt to purchase alcoholic beverages. Mr. Rainey stated that in this incident one server apparently served the alcoholic beverages to the officer and informant inadvertently while the other server was trying to calculate the age of the informant based on the date of birth information on the informant's license. Mr. Rainey stated that both of the employees in question were discharged after the incident. Council Member Pritchett asked Mr. Rainey if the agent was on duty on the date of the incident, and Mr. Rainey said no. Council Member Pritchett asked Mr. Rainey why one of the servers in question did not have a permit for alcoholic beverage sales. Mr. Rainey stated she was instructed to obtain a permit, and he acknowledged that there was apparently no follow-up on this. Council Member Pritchett stated that making certain that servers have proper permits should be a priority of the management of establishments which sell alcoholic beverages. Council Member Pritchett stated that servers should have permits before they start serving alcoholic beverages, and that permit requirements should be part of the policies and procedures of establishments which sell alcoholic beverages. Council Member Lnenicka asked Ms. Trang how the training of each individual employee is documented. Mr. Rainey stated that there is no documentation of that type. Council Member Lnenicka stated he believes that a lack of documentation of individual employee training is a serious oversight. - MOTION: Council Member Pritchett made a motion to adjourn into executive session. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (Clerk's Note: Executive session commenced at 10:40 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 Wood. Motion was approved 7 - O. (Clerk's Note: Executive session ended at 10:50 p.m.) MOTION: Council Member Pritchett made a motion to approve a disposition for the alcoholic beverage violation at Red Lobster #392 at 2579 Cobb Parkway, Kim Thi Trang, Agent, to include probation for the priviliege license for a period of one year. Council Member Pritchett stated that, as a further condition of the disposition, all servers at Red Lobster #392 will be required to sign, on a daily basis while on duty, a form indicating acknowledgement that they have been advised of the consequences of serving alcoholic beverages to underage persons, and that the date of birth information for a person 21 years of age or older for that particular day has been noted. Council Member Pritchett stated that, additionally, a list of the names of all servers who have received -- December 6. 2004 15 such notification and signed said acknowledgement form must be on file for each day. The motion was approved 7 - O. FORMAL BUSINESS (CONTINUED): - (B) Approval of Water and Sewer Rate Increase Mr. Wright stated that effective January 1,2005, Cobb County Water System is increasing the wholesale rate for wastewater treatment by four percent and Cobb County-Marietta Water Authority is increasing the wholesale water rate by two and a half percent. Mr. Wright stated that in order to continue current service and system maintenance levels, it is necessary to pass these increases on to the City's customers. Mr. Wright stated the proposal is to increase the City's water rates to $1.86 per 1000 gallons, which is a two and a half percent increase, and increase the City's sewer rates to $4.56 per 1000 gallons, which is an increase of four percent. Mr. Wright stated the proposed increase in City rates are to take effect on January 1,2005. Council Member Wood stated this will be the fourth consecutive year in which the rates for wholesale water and sewer treatment services have been increased by the supplier. MOTION: Council Member Wood made a motion to approve an increase in the City's water rates from $1.82 to $1.86 per 1000 gallons, which is a 2.5% increase, and an increase in the City's sewer rates from $4.39 to $4.56 per 1000 gallons, which is an increase of 4%. Council Member Wood stated this increase in City water and sewer rates will become effective on January 1,2005. The motion was seconded by Council Member McNabb. The motion was Approved 6 - 0, with Council Member Scoggins abstaining. (C) Appointment of Member to the Keep Smyrna Beautiful Commission - Ward 6 - Council Member Lnenicka stated that Ms. Nell Robinson, residing on Lee Street, has been serving out the unexpired term of a previous member. Council Member Lnenicka stated that Ms. Robinson has been serving the City well in this post, and has expressed a wish to continue her servIce. MOTION: Council Member Lnenicka made a motion to appoint Nell Robison to a full term on the Keep Smyrna Beautiful Commission. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (D) Appointment of Member to the Keep Smyrna Beautiful Commission - Ward 5 Council Member Smith stated that Mr. Aaron Ducree has been active in the community through involvement in a neighborhood watch program as well as beautification efforts. MOTION: Council Member Smith made a motion to appoint Aaron Ducree to the Keep Smyrna Beautiful Commission. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (E) Appointment of Member to the Parks and Recreation Commission - Ward 6 Council Member Lnenicka stated that Annette Bergman has moved from this area in connection with her employment. Council Member Lnenicka stated that Ms. Kati Koenig, residing on Belridge Drive, has expressed interest in serving on this commission. - December 6. 2004 16 MOTION: Council Member Lnenicka made a motion to appoint Kati Koenig, residing on Belridge Drive, to the Parks and Recreation Commission representing Ward 6. The motion was seconded by Council Member Smith. Motion was approved 7 - 0 - CONSENT AGENDA: (A) Approval of November 15,2004 Minutes (B) Approval of November 29, 2004 Minutes (C) Approval of Use of Council Chambers by the Market Village Homeowners Association on Thursday, December 9, 2004 from 6:30 p.m. to 9:30 p.m. Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett yielded the floor with no report. Council Member Newcomb yielded the floor with no report. Council Member Scoggins yielded the floor with no report. Council Member McNabb yielded the floor with no report. Council Member Smith yielded the floor with no report. Council Member Lnenicka stated the Dreammakers Youth Foundation has planned a sports event at Campbell Middle School on the evening of December 29 for which tickets will be available. Council Member Lnenicka stated a number of celebrity athletes will be present at this event, and urged those present to attend and support this worthwhile charitable organization. Council Member Lnenicka expressed appreciation to King Springs Baptist Church for hosting a dinner gathering for public safety personnel and some other City staff before Thanksgiving. Council Member Lnenicka stated that he and some of the other Smyrna council members recently met with officials from the City of Sugar Hill for a tour of improvements and redevelopment projects within the City. Council Member Lnenicka stated that the officials from Sugar Hill commented favorably on the progress which has been made in Smyrna. - Council Member Wood yielded the floor with no report. CITIZENS INPUT: There was none. Mayor Bacon commented favorably about Community Development Director Chris Miller, and commended him for his diligence and professionalism. ADJOURNMENT: With no further business, the meeting was adjourned at 11 :02 p.m. - December 6. 2004 17 - z ~g~/ S SAN D. HIOTT, CITY CLERK A. MAX BACON, MAYOR ~.~ J...L RON NEWCOMB, WARD 2 ~ J\RD 3 - ~ ~ uJ-dZ CHARLES PETE WOOD, WARD 7 - R2004-7 - A REFERENDUM RESOLUTION TO REGULATE AND PROVIDE FOR THE CALLING OF A SPECIAL ELECTION AND TO CALL A SPECIAL ELECTION TO DETERMINE WHETHER THE CITY OF SMYRNA SHALL INCUR UNBONDED INDEBTEDNESS IN THE MAXIMUM PRINCIPAL AMOUNT OF $22,000,000 AS AUTHORIZED BY CHAPTER 80 OF TITLE 36 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED; SPECIFYING THE PURPOSE FOR WHICH THE PROCEEDS OF SUCH UNBONDED INDEBTEDNESS ARE TO BE USED; SPECIFYING THE MAXIMUM PERIOD OF TIME FOR WHICH SUCH UNBONDED INDEBTEDNESS MAY BE OUTSTANDING; SPECIFYING THE PRINCIPAL AMOUNT OF THE UNBONDED INDEBTEDNESS AND THE MAXIMUM AMOUNT OF COMBINED PRINCIPAL AND INTEREST INDEBTEDNESS TO BE PAID IN EACH YEAR; AND FOR OTHER PURPOSES. WHEREAS, the Mayor and Council of the City of Smyrna (the "Governing Body") is the governing authority of City of Smyrna (the "City"), a municipal corporation created and existing under the laws of the State of Georgia, and is charged with the duties of levying taxes, contracting debts, and managing the affairs of the City; and - WHEREAS, Chapter 80 of Title 36 of the Official Code of Georgia. Annotated (the "Act") authorizes a municipality to incur unbonded indebtedness, pursuant to Article IX, Section V, Paragraphs I and II of the Constitution of Georgia, after an election called pursuant to the Act and upon the approval of a majority of the qualified voters participating in such election; and WHEREAS, the Governing Body has determined that it is in the best interest of the citizens of the City that unbonded indebtedness be incurred by the City by entering into a contract or contracts with a private entity or the Downtown Smyrna Development Authority for the purchase on an installment basis by the City of new park and recreational facilities and improvements to existing park and recreational facilities, public sidewalks and trails, land to be preserved for parks or greenspace, renovations and improvements to the existing Brawner campus for use as public facilities, and other facilities, equipment, and property useful in connection therewith; and WHEREAS, the Governing Body has determined that the aggregate amount of the principal portion of the indebtedness payable under such contract or contracts will not exceed $22,000,000; and WHEREAS, pursuant to the provisions of the Constitution and the Act it is necessary to submit to the qualified voters of the City the question whether or not said unbonded indebtedness shall be incurred. - 1190663.v2 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Smyrna, and it is hereby resolved by authority of the same, as follows: .. 1. There is hereby authorized to be called and there is hereby called a special election to be held in the City on the 15th day of March 2005, for the purpose of submitting to the qualified voters of the City for their determination the question of whether or not the City should be authorized to enter into a contract or contracts with a private entity or with the Downtown Smyrna Development Authority, which contract or contracts provide for the purchase on an installment basis by the City of new park and recreational facilities and improvements to existing park and recreational facilities, public sidewalks and trails, land to be preserved for parks or greenspace, renovations and improvements to the existing Brawner campus for use as public facilities, and other facilities, equipment, and property useful in connection therewith. - 2. Such unbonded indebtedness, if authorized, shall be in the form of a contract or contracts with a private entity or with the Downtown Smyrna Development Authority for the purchase on an installment basis by the City of new park and recreational facilities and improvements to existing park and recreational facilities, public sidewalks and trails, land to be preserved for parks or greenspace, renovations and improvements to the existing Brawner campus for use as public facilities, and other facilities, equipment, and property useful in connection therewith. The aggregate amount representing principal payable thereunder shall not exceed $22,000,000. The aggregate of the annual lease or purchase payments for the present public facilities already leased or purchased on an installment basis by the City from the Downtown Smyrna Development Authority and the purchase payments for the proposed public facilities to be purchased on an installment basis under such contract or contracts may not in any fiscal year of the City exceed by more than $1,550,000 what the City will pay in the City's fiscal year ending June 30, 2005 for the present public facilities. The purchase payments under such contract or contracts shall be payable from all lawfully available funds of the City. The term of such contract or contracts shall not exceed thirty (30) years. 3. The ballot to be used in the special election shall have printed thereon in brief form the question to be determined by the voters, to-wit: "Shall the City of Smyrna be authorized to enter into a contract or contracts with a private entity or with the Downtown Smyrna Development Authority, which contract or contracts provide for the purchase on an installment basis by the City of new park and recreational facilities and improvements to existing park and recreational facilities, public sidewalks and trails, land to be preserved for parks or greenspace, renovations and improvements to the existing Brawner campus for use as public facilities, and other facilities, equipment, and property useful in connection therewith? The ballot shall have printed thereon the word "YES" and the word "NO" in order that each voter may vote in either the affirmative or the negative as to the question propounded. The polls in each of the precincts within the City shall be opened at 7:00 a.m. and closed at 7:00 p.m. on the day fixed for the special election, and the special election shall be held at the regular and established places for holding elections in the City. The special election shall be held in - -2- accordance and in conformity with the Constitution and laws of the United States of America and of the State of Georgia. - 4. The Cobb County Board of Elections and Registration is hereby appointed as the Municipal Election Superintendent to conduct the special election, to receive from poll officers the returns of the special election, to canvass and compute such returns, to certify as soon as practicable following the special election the results thereof to the Governing Body, and to take such other actions in the premises as provided by law. 5. The City Clerk is hereby ordered and directed forthwith to furnish the Municipal Election Superintendent of the City with a duly certified copy of this resolution in order that the Municipal Election Superintendent may take such action in the premises as provided by law. 6. The notice of election shall be in substantially the form attached hereto as Exhibit "A," and, by this reference thereto, made a part hereof. The notice shall be incorporated into the call of the special election by the Municipal Election Superintendent: 7. In accordance with the Act, if a majority of the qualified voters of the City participating in the election vote to authorize the City to incur such unbonded indebtedness, the authority to incur such indebtedness will thereby be given to the Governing Body of the City. 8. The proper officers and agents of the City are hereby authorized to take any and all further actions as may be required in connection with incurring unbonded indebtedness and the execution of the contract or contracts as herein provided. - 9. This resolution shall take effect immediately upon its adoption. 10. Any and all resolutions in conflict with this resolution this day passed be and they are hereby repealed. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 6th day of December 2004. (SEAL) Attest: ~ 0.~~ - -3- EXHIBIT" A" - NOTICE OF CALL FOR ELECTION TO THE QUALIFIED VOTERS OF THE CITY OF SMYRNA TO CONSIDER THE INCURRENCE OF UNBONDED INDEBTEDNESS BY THE EXECUTION OF A CERTAIN CONTRACT OR CONTRACTS YOU ARE HEREBY NOTIFIED that on the 15th day of March 2005, a special election will be held in the City of Smyrna (the "City"). At the election there will be submitted to the qualified voters of the City for their determination the question of whether or not the City should be authorized to enter into a contract or contracts with a private entity or with the Downtown Smyrna Development Authority, which contract or contracts provide for the purchase on an installment basis by the City of new park and recreational facilities and improvements to existing park and recreational facilities, public sidewalks and trails, land to be preserved for parks or greenspace, renovations and improvements to the existing Brawner campus for use as public facilities, and other facilities, equipment, and property useful in connection therewith. - Such unbonded indebtedness, if authorized, shall be in the form of a contract or contracts with a private entity or with the Downtown Smyrna Development Authority for the purchase on an installment basis by the City of new park and recreational facilities and improvements to existing park and recreational facilities, public sidewalks and trails, land to be preserved for parks or greenspace, renovations and improvements to the existing Brawner campus for use as public facilities, and other facilities, equipment, and property useful in connection therewith. The aggregate amount representing principal payable thereunder shall not exceed $22,000,000. The aggregate of the annual lease or purchase payments for the present public facilities already leased or purchased on an installment basis by the City from the Downtown Smyrna Development Authority and the purchase payments for the proposed public facilities to be purchased on an installment basis under such contract or contracts may not in any fiscal year of the City exceed by more than $1,550,000 what the City will pay in the City's fiscal year ending June 30, 2005 for the present public facilities. The purchase payments under such contract or contracts shall be payable from all lawfully available funds of the City. The term of such contract or contracts shall not exceed thirty (30) years. V oters desiring to vote to authorize the City to incur such unbonded indebtedness for the purpose set forth above shall do so by voting "YES" and voters desiring to vote against authorizing the City to incur such unbonded indebtedness shall do so by voting "NO" as to the question propounded, to wit: - "Shall the City of Smyrna be authorized to enter into a contract or contracts with a private entity or with the Downtown Smyrna Development Authority, which contract or contracts provide for the purchase on an installment basis by the City of new park and recreational facilities and improvements to existing park and recreational facilities, public sidewalks and trails, land to be preserved for parks or greenspace, renovations and improvements to the existing Brawner campus for use as public facilities, and other facilities, equipment, and property useful in connection therewith? - The several places for holding the special election shall be in the regular and established precincts in the City, and the polls will be open from 7:00 a.m. to 7:00 p.m. on the date fixed for the special election. Those qualified to vote at the special election shall be determined in all respects in accordance and in conformity with the Constitution and laws of the United States of America and of the State of Georgia. The last day to register to vote in this special election is February 14,2005, through 5:00 p.m. This notice is given pursuant to joint action of the Mayor and Council of the City of Smyrna and the Municipal Election Superintendent of the City of Smyrna. CITYOFS~ BY:,~ Mayor MUNICIPAL ELECTION SUPERINTENDENT OF THE CITY OF SMYRNA BY: COBB COUNTY BOARD OF ELECTIONS AND REGISTRATION - By: Chairman - -2- STATE OF GEORGIA COBB COUNTY - CITY CLERK'S CERTIFICATE I, SUSAN D. HIOTT, City Clerk of the City of Smyrna, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of a referendum resolution adopted by the Mayor and Council of the City of Smyrna (the "Governing Body") at an open public meeting duly called and lawfully assembled at 7:30 p.m., on the 6th day of December 2004, in connection with calling a special election pertaining to the incurrence of unbonded indebtedness by the City, the original of such referendum resolution being duly recorded in the Minute Book of the Governing Body, which Minute Book is in my custody and control. I do hereby further certify that the following members of the Governing Body were present at such meeting: A. Max Bacon Wade S. Lnenicka Michael McNabb Ron Newcomb Melleny Pritchett Bill Scoggins Jimmy D. Smith Charles Pete Wood - and that the following members were absent: and that such referendum resolution was duly adopted by a vote of: Aye V Nay _' WITNESS my hand and the official seal of the City of Smyrna, this the 6th day of December 2004. (SEAL) ~~~u/J_ /'i~ It Clerk ... - 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 6th day of December. 2004. (2) That it is my understanding that O.C.G.A. S50-14-4(b) provides as follows: When any meeting ofan 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 ofthe meeting held on the 6th of December. 2004, which was closed for the purpose(s) of discussion oflegal 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. S50-14-4(b) that such an affidavit be executed. - This 6th day of December. 2004. Mayor/Presiding Officer Sworn to and subscribed before me This 6th day of December. 2004. ~N ""'''If, iJ. 7l~ ,,~a(X: ~,1;ir7)G"". .::::...... (....' ~."..':.'.."'..\' ..',: /""... .... .~ .' '- ~. .,.,-:.. ~ ".... ','.,:-/......."O~ l(~~t~~~)~) '/i,.. '-' U l~ \"\,, 'Iflltllilll\\' -