Loading...
03072005 March 7, 2005 March 7, 2005 - 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, and representatives of the press. Invocation was given by Reverend Lee Delbridge from Smyrna Christian Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda item #4A (Rezoning Request Z05-002 - R-15 to RAD Conditional - .92 Acre Tract - 2731 North Avenue - New Smyrna Properties, Inc.) will be tabled until the March 21, 2005 meeting. Mayor Bacon stated that agenda item #4B (Approval of 2005 Comprehensive Plan) will be tabled until the April 4, 2005 meeting. MAYOR'S REPORT: Mayor Bacon recognized School Board Representative Curt Johnston, and Mr. Johnston introduced Assistant Principal Don McCook and students from King Springs Elementary School to those present. The students presented this month's character education words to those present. Mayor Bacon recognized Mr. Jonny Streetman, and Mr. Streetman provided details to those present regarding an upcoming benefit car wash sponsored by the Shriners. - Mayor Bacon recognized students from Campbell High School (CHS), and the students read parts of the City ordinances to those present. Council Member Smith recognized students from the CHS/ROTC program and 1 sl Sgt. Bums, U.S. Army (retired). Sgt. Burns commented favorably on the performance ofthe CHS/ROTC students who participated in a regional event recently. Mayor Bacon recognized Ms. Paula Weeks, and Ms. Weeks reminded those present that the parks bond referendum will be held on March 15. Ms. Weeks provided details to those present concerning improvements which would be funded by the bond issue if approved. LAND ISSUES/ZONING/ANNEXATION: (A) Public Hearing - Rezoning Request Z05-002 - R-15 to RAD Conditional- .92 Acre Tract - 2731 North Avenue - New Smyrna Properties, Inc. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to table Rezoning Request Z05-002 from R-15 to RAD Conditional for a .92 acre tract at 2731 North Avenue for New Smyrna Properties, Inc. until the March 21, 2005 council meeting. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. - March 7, 2005 2 (B) Public Hearing - Approval of2005 Comprehensive Plan Mr. Wright stated that the City land use map is used as a guide for future zoning decisions. Mr. Wright stated that eleven rezonings were approved during 2004 which also involved associated land use changes. Mr. Wright stated that the City's officials and staff have identified other land use changes which are necessary to better reflect the development trends occurring in the City and to incorporate recommendations from the Livable Centers Initiative (LCI) study. Mr. Wright stated that the Planning and Zoning Board (PZB) recommended approval of part of the map amendments including land use changes associated with rezonings, annexations, mixed use areas and map corrections. Mr. Wright stated that PZB also recommended deletion of the proposed medium density designation for portions of Wards 3 and 4 in favor of a new moderate- density land use category. - Mayor Bacon expressed appreciation to those persons who have shared their views at public meetings regarding the Comprehensive Plan. Council Member Newcomb stated that a future land use map is not a rezoning, but rather a representation of possible uses the City's leaders believe will be compatible with particular tracts of land. Council Member Newcomb expressed appreciation to the citizens who have taken the time to study this matter and present their views at meetings, and to the PZB members whose input has been valuable to this process. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Mayor Bacon recognized Ms. Casey Clavin, residing on Roswell Street, and Ms. Clavin stated that the efforts of citizens to introduce their thoughts and views into the development process of various construction projects in her neighborhood have produced results which were much better than any that could have been achieved by developers on their own. Ms. Clavin stated that increasing the density of development can have a significant impact on a community. Ms. Clavin stated she believes any land use classification which potentially allows more than four units per acre is not suitable for her community. Ms. Clavin stated that the residents of her neighborhood have been motivated by their desire to assist with and contribute to the improvement of the community to formulate an alternative land use proposal which will be presented to the city council. - Mayor Bacon recognized Mr. Ron Davis, residing at 1351 Roswell Street, and Mr. Davis asked the city council to exclude his neighborhood from the land use map amendment as proposed by City staff. Mr. Davis expressed the belief that a change to medium density land use will encourage development proposals with densities of up to six units per acre. Mr. Davis requested that a supplementary list of signatories in favor of the alternative land use proposal as presented to the PZB at the February 28 meeting be added to the record. Mr. Davis stated the residents of his neighborhood believe the land use map should more accurately reflect the City's goal of development at four units per acre and that a compatible zoning category should also be eventually promulgated to facilitate this objective. Mr. Davis presented a summary of the proposal to those present. Mr. Davis expressed the view that the proposal could be implemented as a prototype in the Roswell Street area and applied later to other areas of the City. Mr. Davis asked the city council to support the recommendation made by the PZB to adopt the proposal as advanced by members of his community. Mayor Bacon recognized Mr. Lemuel Ward, residing on Spring Street, and Mr. Ward stated that - March 7, 2005 3 - the residents of his community propose to formulate a unified land use map and zoning categories with limitations on RAD Conditional zoning to support the stated plans of the City. Mr. Ward stated the residents of his community are concerned that a density designation allowing up to six units per acre is not in alignment with the City's zoning category plan. Mr. Ward stated the residents of his community are proposing creation of a single-family residential classification to be used for development at around four units per acre. Mr. Ward stated he believes a land use map should communicate the fact that the density for a particular area has a definite limit. Mayor Bacon recognized Ms. Myrna Evans, residing at 1320 Roswell Street, and Ms. Evans expressed support for the views expressed by the preceding speakers. Ms. Evans expressed the view that the land use proposal as advanced by residents of the community will help promote conservation of trees. Mayor Bacon recognized Ms. Amy Shay, residing on Mimosa Circle, and Ms. Shay expressed support for the land use proposal as advanced by residents of the community. Mayor Bacon recognized Ms. Sandra Hamby, residing at 1312 Roswell Street, and Ms. Hamby expressed support for the land use proposal as advanced by residents of the community. MOTION: Council Member Newcomb made a motion to table approval of the 2005 Comprehensive Plan until the April 4, 2005 meeting. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (C) Public Hearing - Variance Request VOS-OOS - Reduction in Side Yard Setback - 1517 Grace Meadows Lane - William Culbreath - Mr. Wright stated the applicant has planned to build an addition onto the residence at the subject address. Mr. Wright stated the zoning regulations for Grace Court specify a minimum side yard setback of23.33,' and the applicant has requested a reduction in the side yard setback to 13.9' to accommodate the proposed addition. Mr. Wright stated staff recommends approval of the requested variance provided the addition conforms to the site plan submitted with the variance application. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member McNabb recognized Mr. and Mrs. Culbreath, and commended them for submitting clear and complete information regarding their request. At Council Member McNabb's request, Mr. Culbreath provided details concerning the planned addition to his residence to those present. Council Member McNabb stated the applicant has also requested a reduction in rear yard setback from 30' to 25.' Council Member McNabb stated this request has been reviewed and approved by the Grace Meadows homeowners association review committee. MOTION: Council Member McNabb made a motion to approve Variance Request VOS-OOS for reduction in side yard setback at 1517 Grace Meadows Lane for William Culbreath. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (D) Public Hearing - Variance Request VOS-006 - Reduction in Rear Yard Setback - 1517 Grace Meadows Lane - William Culbreath - MOTION: Council Member McNabb made a motion to approve Variance Request V05-006 for reduction in rear yard setback at 1517 Grace Meadows Lane for William Culbreath. The motion March 7. 2005 4 was seconded by Council Member Pritchett. Motion was approved 7 - O. (E) Public Hearing - Variance Request V05-007 - Accessory StructurelUse above ordinance limit - 2670 Hughes Street - Krista Aldama - Mr. Wright stated the Zoning Code limits parcels of less than 5 acres to one accessory structure or use. Mr. Wright stated a separate garage and office combination building currently occupies the subject parcel along with the main residence. Mr. Wright stated a variance is required because the applicant would like to construct a swimming pool on the property as well. Mr. Wright stated staff recommends approval of the requested variance provided the swimming pool conforms to the site plan submitted with the variance application. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Micah Humphries, and Mr. Humphries provided details to those present concerning the plans for installation of a swimming pool at the subject location. MOTION: Council Member Scoggins made a motion to approve Variance Request V05-007 for an accessory structure/use above ordinance limit at 2670 Hughes Street for Krista Aldama. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (F) Public Hearing - Variance Request V05-008 - Boarding Kennel within 200' of Residential Property - 2821 South Cobb Drive - Hunter's Pet Grooming Mr. Wright stated the applicant is remodeling the former Colonial Bakery Store into a pet grooming business, and would like to expand business services to include the boarding of animals. Mr. Wright stated the City's Zoning Code prohibits boarding kennel structures within 200' of any residentially zoned property. Mr. Wright stated that, because the proposed addition will be approximately 135' from residential property, a variance is needed. Mr. Wright stated that staff recommends approval of the requested variance with the following conditions: - 1. No outside activity shall be permitted in conjunction with the proposed boarding kennel. 2. The boarding kennel shall be designed with sound attenuating materials/devices to limit impacts upon adjacent properties. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Council Member Smith recognized Ms. Joyce Hunter, and Ms. Hunter provided details to those present concerning her plans for the subject location. Council Member Smith recognized Mr. Vladimir Perovich (phonetic), the architect for this project, and asked Mr. Perovich what type of screening measures will be installed at the rear of the planned facility. Mr. Perovich provided information regarding construction details for the planned structure to those present. Council Member Smith asked Mr. Perovich ifhe is aware that there are external color restrictions prescribed by ordinance which must be complied with in the subject area, and Mr. Perovich answered in the affirmative. - March 7, 2005 5 - Mayor Bacon recognized Ms. Susan Monet, residing at 2370 Wakita Drive, and Ms. Monet stated she has been a client of Ms. Hunter's pet grooming business for a number of years, and commented favorably on Ms. Hunter's professional practices. Mayor Bacon recognized Ms. Margie Bowman-Mose, residing at 875 Parkway Drive, and Ms. Bowman-Mose commented favorably on Ms. Hunter's professional practices. Mayor Bacon recognized Ms. Donna Allen, residing at 2411 Woodmere Drive, and Ms. Allen stated she has been a client of Ms. Hunter's pet grooming business for a number of years, and commented favorably on Ms. Hunter's professional practices. Mayor Bacon recognized Ms. Marjorie Blair, residing at 934 Hidden Falls Lane, and Ms. Blair commented favorably on Ms. Hunter's professional practices. Mayor Bacon recognized Mr. Marcus Williams, residing in Powder Springs, and Mr. Williams commented favorably on Ms. Hunter's professional practices. Mayor Bacon recognized Mr. Charles Vickery, residing at 2620 Hughes Street, and Mr. Vickery stated he has been a client of Ms. Hunter's pet grooming business for a number of years, and commented favorably on Ms. Hunter's professional practices. Mayor Bacon recognized an unidentified person, and he commented favorably on Ms. Hunter's professional practices. Mayor Bacon recognized Ms. Sharon Darby, residing at 4062 Honeysuckle Court, and Ms. Darby commented favorably on Ms. Hunter's professional practices. - Mayor Bacon recognized Ms. Tina Norrell, residing at 878 Parkway Drive, and Ms. Norrell stated she believes noise will not be a problem at the subject location because animals in Ms. Hunter's care seem to remain quiet most of the time. Ms. Norrell stated she does not hear any noise from animals at Ms. Hunter's current place of business. Ms. Norrell stated she would like to see this variance approved. Ms. Norrell stated there is a veterinary facility near the subject location where animals are presently boarded. Mayor Bacon asked ifthere are plans to address preexisting drainage problems in the parking lot at the subject location, and Ms. Hunter answered in the affirmative. Council Member Lnenicka asked Ms. Hunter if animal waste will be removed from the exterior grounds of the facility to prevent it from contaminating storm water, and Ms. Hunter answered in the affirmative. MOTION: Council Member Scoggins made a motion to approve Variance Request VOS-008 for a boarding kennel within 200' of residential property at 2821 South Cobb Drive for Hunter's Pet Grooming. The motion was seconded by Council Member Lnenicka. Motion was approved 7 -0. PRIVILEGE LICENSE: There were none. - March 7. 2005 6 FORMAL BUSINESS: (A) Appointment of Ward 6 Representative to the Parks and Recreation Commission - MOTION: Council Member Lnenicka made a motion to appoint Ms. Julia Morini, residing on Hickory Circle, as the Ward 6 Representative to the Parks and Recreation Commission. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of February 21,2005 Minutes (B) Approval of the agreement for the Community Development Block Grant Award and Authorization for the Mayor to sign the Subrecipient Agreement The Cobb County Board of Commissioners awarded the 2005 Community Development Block Grant to the City of Smyrna. The City of Smyrna has participated in this program and has been awarded the Community Development Block Grant funds for several years. Approval of the agreement and for authorization for the Mayor to sign the Subrecipient Agreement is recommended. (C) Approval to install No Parking signs on Ventura Road The proposal is for the installation of No Parking signs along the west side of Ventura Road from Windy Hill Road to the dead end. Local businesses are parking their vehicles along the street making it difficult to get by. There is concern about the ability to get fire trucks through the area in case of an emergency. The City Engineer and Fire Chief recommend approval. - (D) Approval of Use of Council Chambers by the Heights at Spring Road HOA for the HOA meeting on Thursday, March 31, 2005 at 7:30 p.m. (E) Events on the Village Green, around City Hall and in the Market Village on Saturday, April 23 and Sunday, April 24 and required street closures The City is hosting the Spring Jonquil Festival on Saturday, April 23 and Sunday, April 24. Village Green Circle and connecting streets (King Street from Bank Street to Village Green Circle, Village Green Circle from Atlanta Road to the traffic circle and Powder Springs Road from Village Green Circle to the Library parking lot entrance) need to close as early as 9:00 a.m. on Friday, April 23 for these activities. These streets should remain closed through breakdown of the Festival past Festival conclusion on Sunday, April 24. Granting permission for street closures as requested is recommended. (F) Approval of Special Event in the Market Village on Saturday, April 23, 2005 Atkins Park Tavern and Vintage Tavern/Zucca are requesting street closings and permission to hold a Crawfish Boil in the Market Village and request permission for activities in the fountain area and the top (Atlanta Road entrance) side of the Market Village for entertainment, food and beer sales. Event duration - 1 :00 p.m. to 10:30 p.m. A portion of proceeds will be assigned to a designated charity with a $5.00 donation at the gate (a portion to the Owen T. Wheeler Foundation and a portion to the proposed - March 7, 2005 7 Smyrna Downtown Children's Park & Playground). Approval of this event is recommended. - (G) Award of Bid #5-011 for Replacement of Fire Station #3 Fire Station 3 on Spring Road was built in 1973 using materials with a relatively short service life. It is been determined that this structure should be replaced with a brick building. Two bids were received for the project as follows: Choate Construction Blue River Group $1,342,254.00 base bid $1,439,159.00 base bid Award to low bidder Choate Construction Company in the amount of$I,351,054.00 which includes alternatives B, E, I and J ($8,790.00) is recommended. This is a capital project and has been budgeted as such. (H) Approval of Resolution Reaffirming Authorization for Acquisition of Property Adopt resolution reaffirming the authorization for the acquisition of property described as Tract 1 on a survey for the City of Smyrna, dated April 24, 1996 prepared by Welker & Associates by any lawful means, including condemnation for the public purpose of park and recreation facilities and ratification of all actions taken in the case of City of Smyrna vs. American Legion, Smyrna, Georgia Post 160, Inc., et al. Civil Action File Number 05-1-01440-99. (I) Authorization of Condemnation of Property located 2877 Highland Drive Smyrna, Georgia for the public purpose of park and recreation facilities - 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 Wood yielded the floor with no report. Council Member Lnenicka reported that Smyrna resident Mr. Charles Herbert Smith recently passed away. Council Member Lnenicka provided details to those present concerning Mr. Smith's distinguished military service record. Council Member Lnenicka stated that Mr. Smith was a good citizen who will be missed. Council Member Smith yielded the floor with no report. Council Member McNabb yielded the floor with no report. Council Member Scoggins yielded the floor with no report. Council Member Newcomb yielded the floor with no report. - Council Member Pritchett stated she is gratified to see many citizens at this meeting commenting favorably about Ms. Hunter's dog grooming business. Council Member Pritchett provided details to those present regarding progress which has been made on plans for organizing a charter school in the Smyrna area. March 7. 2005 8 SHOW CAUSE HEARING: (A) Alcoholic Beverage Violation - SaveRite #2708 - 2350 Spring Road - Andrew Todd Smith, Agent - Mr. Wright stated that on December 7,2004, at approximately 8:25 p.m., Ofc. Turner and a 16 year old informant entered the SaveRite store at 2350 Spring Road and the informant was able to purchase a multi-pack of beer there. Mr. Wright stated the informant was asked to present identification at the point of sale but, when the informant's date of birth was rejected by the point- of-sale system at the store, the attending cashier summoned a manager to reset the system. Mr. Wright stated the cashier then entered a false date of birth in order to complete the sale to the informant. Mr. Wright stated this is the first known offense for this location. Mr. Cochran administered the oath to several persons. Mr. Cochran recognized Ofc. Maloney, and Ofc. Maloney stated that on December 7,2004, local authorities were conducting alcoholic beverage sales compliance checks at various locations in the City. Ofc. Maloney stated that Ofc. Turner and a 16 year old informant entered the subject esatablishment. Ofc. Maloney stated the informant selected a six-pack of beer and took it to a cashier to attempt to purchase it. Ofc. Maloney stated the informant presented his drivers license which indicates he is not of legal age to purchase alcoholic beverages to the cashier. Ofc. Maloney stated the informant's date of birth was rejected by the register. Ofc. Maloney stated the attending cashier summoned a manager to reset the system, entered an incorrect date of birth of February 22, 1982 into the system and then collected payment from the informant for the sale. Mr. Cochran asked Ofc. Maloney if SaveRite (SR) has been involved in any previous known incidents of sale of alcoholic beverages to underage persons, and Ofc. Maloney said no. Mr. Cochran asked Mr. Ney ifhe would like to ask Ofc. Maloney any questions, and Mr. Ney said no. - Mayor Bacon recognized Mr. Jim Ney, an attorney representing Winn-Dixie Raleigh, Inc., DBA SaveRite #2708 at 2350 Spring Road. Mr. Ney introduced Mr. Jay Cassel (phonetic), Mr. Kevin Thomas, Mr. Andrew T. Smith and Ms. Liz Pitts from SR to those present. Mr. Ney stated an extensive training program is in place to train SR personnel to sell alcoholic beverages in a lawful manner. Mr. Ney stated the management of SR are conscientious in their efforts to make certain that alcoholic beverages are not sold to underage persons. Mr. Ney stated the management and staff of SR regret this mishap which occurred, and will take steps to help make certain that such an incident does not occur again in the future. Mr. Ney stated the offending cashier in this case is no longer employed by SR. Mr. Thomas provided details to those present concerning the extensive training program in place at SR to train SR personnel to sell alcoholic beverages in a lawful manner. Mr. Thomas provided details to those present regarding additional responsible alcoholic beverage sales training measures which have been implemented since this incident occurred. Mr. Ney stated the offending cashier in this case had received the customary training afforded to all SR cashiers, and had signed a copy of the SR agreement acknowledging that she would comply with SR policies and State laws governing the sale of alcoholic beverages. Mr. Ney presented a copy of the SR agreement which was signed by the offending cashier for inspection by the present officials. Mr. Ney also provided copies of SR training materials for inspection by the present officials. Mr. Cassel provided details to those present concerning additional training measures which have been carried out since this incident occurred. Mr. Cassel stated that a thorough internal investigation of this incident was conducted by Mr. Thomas. Mr. Cassel stated that all personnel at the subject location have been retrained to make certain that they understand SR policies and sell alcoholic beverages only in a legal and responsible manner. -- March 7. 2005 9 - Council Member Newcomb asked what steps will be taken to provide SR personnel with ongoing training in the area of responsible alcoholic beverage sales and service. Mr. Cassel stated that alcoholic beverage sales training sessions will be conducted at SR every 30 days to make certain that SR associates retain the information and to address the issue of turnover among store staff. Council Member Newcomb stated that requiring sales staffto sign a policy acknowledgement form every time they come on duty seems to effectively remind people of their responsibilities when selling alcoholic beverages. Mr. Cassel stated that alcoholic beverage sales policy information is posted at various locations at SR to keep personnel aware of alcoholic beverage sales regulations. Council Member Newcomb asked which SR employee will be charged with the responsibility of maintaining records pertaining to monthly training. Mr. Thomas stated that every SR store manager is responsible for transmitting up-to-date training documentation to the corporate security department every 30 days. Mayor Bacon asked Ofc. Maloney if SR has been the subject of complaints of sale of alcoholic beverages to underage persons, and Ofc. Maloney said no. Mr. Cassel stated that the SR security department conducts shopping evaluation checks at SR stores to help ensure compliance with alcoholic beverage sales regulations. MOTION: Council Member Newcomb made a motion to adjourn into executive session. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. MOTION: Council Member Newcomb made a motion to adjourn from executive session and to reconvene the public meeting. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - Council Member McNabb advised Mr. Thomas that there has been at least one previous occurrence of sale of an alcoholic beverage to an underage person in Smyrna involving a point- of-sale system which was reset by a member of the retailer's management staff with a false date of birth subsequently being entered by a cashier. Council Member McNabb stated it may be advisable for SR to train its management personnel to ascertain the reason for which a register reset is being requested. Mr. Thomas stated that a front cashier area staff position has been added at SR, and that this staff member's duties will include assisting with the monitoring of sales transactions. Council Member Lnenicka asked Mr. Thomas if any corrective counseling of the manager who reset the register during this incident has been conducted. Mr. Thomas stated he personally conducted a corrective interview of the responsible manager in this case, and that appropriate documentation of this counseling was completed. Mr. Thomas stated that the responsible manager in this case is an experienced employee, and that he took steps to make certain that this individual understands the seriousness of this matter. Council Member Lnenicka asked Mr. Ney what person at SR is charged with the responsibility of ensuring that alcoholic beverages are sold at SR in accordance with the law. Mr. Ney stated that, according to his understanding of State law, the employee at the point of sale has primary responsibility for selling alcoholic beverages in a lawful manner. Mr. Ney stated that the SR organization also has a responsibility to make certain its personnel receive adequate preparation to be in compliance with the law when alcoholic beverages are sold. Council Member Lnenicka stated the licensed agent for any purveyor of alcoholic drink in Smyrna is considered by the city council to be responsible for making certain that alcoholic beverages are sold in a lawful and responsible manner. Council Member Newcomb commended the SR representatives present for the corrective responses which have been made in connection with this incident, and commented favorably on the training and systems which the SR organization has in place for responsible alcoholic beverages sales. ... MOTION: Council Member Newcomb made a motion to approve a disposition for the alcoholic beverage violation at SaveRite #2708 at 2350 Spring Road, Andrew Todd Smith, agent, to include probation for a period of twelve months commencing on the following day for March 7, 2005 10 the privilege license for alcoholic beverage sales for SaveRite #2708. Council Member Newcomb stated that as a condition of the disposition, all servers at SaveRite #2708 are required to obtain suitable identification from all persons attempting to purchase alcoholic beverages during the probation period. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - CITIZENS INPUT: Mayor Bacon recognized Reverend Reginald Wilborn, and Reverend Wilborn expressed concern about traffic conditions in the vicinity of Bank Street and Powder Springs Street and other areas. Reverend Wilborn asked the present officials to consider possible traffic safety enhancement measures for the referenced area. Reverend Wilborn stated the City police department has been conducting traffic enforcement details with radar in the subject area. Mayor Bacon recognized Ms. Trish McFadden, and Ms. McFadden introduced Mr. Rick Tilley to those present. Ms. McFadden stated the trains which run near her residence generate noise, and presented a signed petition to the present officials from concerned citizens seeking noise reduction initiatives. Mayor Bacon stated that Council Member Scoggins and Congressman Phil Gingrey have been working on a quiet zone proposal for this area, and that this topic will be discussed with Congressman Gingrey in further detail when the city council members attend the National League of Cities conference in Washington, DC this week. Council Member Scoggins thanked Ms. McFadden for her comments, and provided details to those present concerning recent activity in connection with the quiet zone initiative. ADJOURNMENT: With no further business, the meeting was adjourned at 9:50 p.m. - - March 7. 2005 - fi A. MAX BACON, MAYOR ~~-- BILL COGGIN~ - ~1Z~u)~ CHARLES PETE WOOD, WARD 7 ... 11 ~.e~~~ / <:)L.~ JcJ Jv-- RON NEWCOMB, WARD 2 WADE S. LNENICKA, WARD 6 RESOLUTION OF CITY OF SMYRNA .. ~HEREAS, the City of Smyrna, through its Mayor and Council has deemed it necessary to acquire property to be used for parks and recreation facilities, and; WHEREAS, the City previously authorized the acquisition of the property herein described, and; WHEREAS, an action seeking to acquire said property through the use of eminent domain is pending in the Superior Court of Cobb County; IT IS HEREBY RESOLVED THAT The City of Smyrna reaffirms the authorization for the acquisition of property described as Tract 1 on a survey for the City of Smyrna dated April 24, 1996, prepared by Welker & Associates, Inc., as shown on Exhibit "A" attached hereto and incorporated herein by reference. 'li' .. IT IS FUTHER RESOLVED, that said property may be acquired by any lawful means including eminent domain for the public purpose of parks and recreation facilities. IT IS FURTHER RESOLVED that all actions taken by the Condemnor or its counsel in the case of City of Smyrna v. American Legion. Smyrna. Georgia. Post 160. Inc..et ai, Civil Action File No. 05-1-01440-99, pending in the Cobb County Superior Court are approved, authorized and ratified. 7th day of March, 2005. ade . Lnemcka, ard c?~~~ Charles Pete Wood, Ward 7 n chett, Ward 1 ~.~ N~ Ron Newcomb, W rd 2 w " - LAND --~ - ~Nr)\ 0 ~ z 0 0 g'41 0 " ;;; " '" ~ 9.:;:d ~ '" ~> '" 0 -~ ~~ 0 ~.., -::r:: z ~ '" ::l_ '" z '" g.(j ..: '" '" '" II U) .J(j ~ 0 J> 0 ~ ~~ -~ I ~.., I 0 . " I O'l '" z 0 0 0 " " ~ > ;:0 1"'1 > II..... ::c -> <..on ~..... "-l > (') ;:0 1"'1 Vl \ ',.""...." '\'=-' --=- ~ ~ 0- ~'" ~ ~ '" ... ... of: ~z C"1 ~ C"l " r- ~2::~ lI: ~ :>: :tl > C"1 (') ~ ::! ;:c .. m;o =i '" () g C"1 It" " -nO"'" -< c .., :g~~ ~ z '" z 0 (n " "'z'" 0 c ~ t :<..... I< Z VJ '" . -'" ~ ~ ~ 0 C"1 0 '" " !" :tl C"1 C"1 n ~~~.i rJJ .. 0 0: > ; 3: co ;:c ~ -< , 0 Jh ~ ~Q. V' :;0 ~ > "'... 'Z -, "'''' ,., > z 91 n 8. ~ ..."c ~~ii' ~~ ~g! ~ ~z:j; eg~ ~g~: ~~ :~Vl ~b~~~ ~Vl l:....._o l"'"'l 8::O~"" ,- ~-'" ~~~~ !!'~_ _"''0 '" ~o "'0 ... "z ~ ,. i''''i' ~L~~ P? z~~ ~I ~~ ,.,c:~ )00 Z t""'\1/'I Z ~ ~~ -- ~ ~-" " ~ ~~v. . ,~~~ ~'" ~~ ~~~p~ ~~; f~cO ~~ ~~ ~ :tl_~ -zo "'~_ n() '" _~~:tl! -Ci~ Vi..o C -4~ ~O"'n ~~~ r g ~~ ..,o~ "'~;g: 9-~ .....,...,.,,.,CD 'It l"'"'l... i"'''' ~ ~o ~,.,(\ >?~Q;!; . ~~ ~ ~j . ~~ .~~~; ~~ ;; ~l ~~ ~~~'O '" ~ ~ -'" ~ 0", 0 ! ;;, P MO :;'.Xl~2J ~~ 0,:;: ~o . ~~"') ~ ~ ~., ~~ ~i- ;: ~ z ~ ~ '" @ =--- I~ 10 -< I~ fTJ <D / I I I I , '- :r-" i:') io :.'; ,<: 10 :::0 .. i- o ,.., '<: I',J.. ;~ ~ .~ fA ~ to . I . : '::0 : 1"- i ''ll' , I / I . I I z '" ~ o' C>_ :, S 08"B..J...... 2'000. .: ~~ "'j; t7j >:: ::r: H t:l:l H t-,3 t:l:l -';i ...... ~ ~ t7j >:: ::r: H t:l:l H t-,3 t:l:l 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 7th day of March, 2005. (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 ofthe closed meeting or closed portion of the meeting held on the 7th of March, 2005 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. - ""I'''': ''',', ",,\\\ O. HI 0 'j:'", $~~~1(i:Ry""",~ "'~ ~. c) /d\P' .... ~ ff ;:j I ~ _~,,\~y:-s~ ". '" \ % _ C/)t t;.J" "",. ? . - ~ u''\}P>-:::,s' h.J ~ . o-:.c.0. <'") i/' ~ -:.... ,~ l ~ ~ ~ -.., ;::-j--:~J..".0""~ Sworn to and subscribed''b,ffore pitd~","" 'I;il:! ~ J J; l!" \ \\\' ~ This 7th day of March, 2005. Mayor/Presiding afficer This 7th day of March, 2005. - Re: SaveRite #2708