11072005 November 7, 2005
November 7, 2005
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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 and
representatives of the press.
Invocation was given by Fire Department Chaplain Brian Beaty, followed by the pledge to the
flag.
Mayor Bacon recognized members of the Marietta Chorale, who performed America the
Beautiful and Georgia on My Mind for those present.
AGENDA CHANGES:
Council Member Wood stated item 8F (Adoption of a Resolution to authorize the City to acquire
property on the north side of Concord Road between Atlanta Road and Dunton Street for the
public transportation purpose of constructing and maintaining a multi-use pedestrian and bicycle
path by any means authorized by State law including exercise of eminent~domain) should be
added to the consent agenda.
*MOTION: Council Member Scoggins made a motion to suspend the rules to add an item to the
consent agenda. The motion was seconded by Council Member Pritchett. Motion was approved
6 - O. (Clerk's Note: Council Member Newcomb was not present at the time of this vote)
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MOTION: Council Member Wood made a motion to add item 8F to the consent agenda
(Adoption of a Resolution to authorize the City to acquire property on the north side of Concord
Road between Atlanta Road and Dunton Street for the public transportation purpose of
constructing and maintaining a multi-use pedestrian and bicycle path by any means authorized by
State law including exercise of eminent domain). The motion was seconded by Council Member
Lnenicka. Motion was approved 6 - O.
MAYOR'S REPORT:
Mayor Bacon recognized Ms. Susan Johnston representing Friends ofthe Smyrna Library (FSL),
and Ms. Johnston provided details to those present concerning upcoming FSL activities.
Mayor Bacon recognized Mr. Drew Bacon, and Council Member Smith read a Proclamation for
Retired Educators Day to those present.
LAND ISSUES/ZONING/ANNEXATION:
(A) Rezoning and Annexation - Matthews Drive and Spring Street - Sawgrass Homes
(1) Public Hearing - Rezoning Request Z05-025 - R-20 to RAD Conditional- 2.09 Acre
Tract - 2771 Matthews Street, 2775 Matthews Street, 2801 Matthews Street, 1655
Spring Street and 1665 Spring Street - Sawgrass Homes
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Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to several persons by Mr. Cochran.
November 7, 2005
2
Council Member Scoggins recognized Mr. Brad Thompson representing Sawgrass Homes (SH).
Council Member Scoggins asked Mr. Thompson why SH is seeking annexation of the subject
property into the City of Smyrna. Mr. Thompson expressed the view that annexation of the
subject property could provide the residents there with an association with a community as well
as local services. Mr. Thompson stated SH proposes to build six detached single-family houses
and eleven townhouses on the subject property. Mr. Thompson stated the new dwellings will
have selling prices ranging from around $400,000 to around $450,000. Mr. Thompson stated the
new dwellings will have a minimum size of2,300 s.f. and will feature two-car garages. Mr.
Thompson provided details to those present concerning the architectural style of the proposed
structures. Mr. Thompson stated the townhouses will be arrayed in a staggered row to give them
dimension and will feature a courtyard area. Mr. Thompson described the various zonings of
properties adjacent to the subject tract. Mr. Thompson expressed the view that the requested
density is reasonable for the subject area. Mr. Thompson expressed the view that the subject tract
is not suitable for a development consisting solely of detached structures. Mr. Thompson stated
he intends to build housing at the subject location which will enhance the surrounding area and
that the planned detention structure will have a landscaped appearance.
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Mayor Bacon recognized Ms. Lynette Sheik, residing on Donna Lynn Drive, and Ms. Sheik
stated that crime, deteriorating structures and other problems are evident in the area of her
residence. Ms. Sheik stated she believes the proposed development would be beneficial for the
subject area. Ms. Sheik stated that ifthe residents of the subject area want to see the subject
property redeveloped, then the requested rezoning should be approved.
Mayor Bacon recognized Mr. Brian Sadler, and Mr. Sadler expressed support for the proposed
rezoning. Mr. Sadler stated the subject area is in need of redevelopment.
Mayor Bacon recognized Mr. Ron Davis, residing at 1351 Roswell Street, and Mr. Davis stated
he believes the subject property should be redeveloped as single-family houses. Mr. Davis stated
the subject property is currently zoned R-20. Mr. Davis expressed concerns about the density
proposed for the planned development. Mr. Davis expressed concerns about the proposed
placement of the planned structures. Mr. Davis stated there is no common greenspace allocated
for the proposed development. Mr. Davis stated the developer does not seem to be agreeable to a
stipulation requiring a 20% reduction in the rate of storm water runoff on the subject property.
Mr. Davis stated real estate in the subject area is considered desirable, and urged the present
officials to take a long-term view of the development needs there.
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Mayor Bacon recognized Ms. Casey Clavin, residing on Roswell Street, and Ms. Clavin stated
the subject area is improving generally and that it is not necessary to accept condominiums on the
subject tract. Ms. Clavin expressed the view that single-family houses could be built on the entire
tract and that such structures would be a better option than townhouses. Ms. Clavin stated SH
could withdraw this rezoning request and return at a subsequent time with a proposal to build a
development comprised solely of single-family houses.
Mayor Bacon recognized Mr. William Stefano, and Mr. Stefano provided details to those present
concerning the results of an informal traffic survey he conducted in the vicinity of Matthews
Street. Mr. Stefano stated he is opposed to the proposal by SH to install speed humps in the
subject area. Mr. Stefano stated he believes the proposed redevelopment could make the
community safer. Mr. Stefano stated there are houses in the subject area which should be
demolished.
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November 7,2005
3
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Mayor Bacon recognized Mr. Lemuel Ward, residing at 1496 Spring Street, and Mr. Ward stated
he agrees with the comments made at this meeting by Mr. Davis and Ms. Clavin. Mr. Ward
stated the City should adhere to the concepts embodied in the land use plan by maintaining the
usage existing in the subject area which is primarily single-family residential. Mr. Ward
expressed the view that the City should not approve high-density zoning simply because
developers pay too much for property. Mr. Ward expressed the view that approving RAD
Conditional zonings at high density establishes an undesirable precedent. Mr. Ward stated the
subject property should maintain its single-family usage, and that efforts should be made to try to
change the zonings of commercial properties in the area to less intense uses.
Council Member Scoggins recognized Mr. Miller, and Mr. Miller stated Cobb County authorities
have expressed no objections to this proposed annexation and rezoning. Mr. Miller stated this
assent suggests a willingness on the part of County authorities to approve a proposal in their own
territory such as the one presently under consideration. Mr. Miller stated that some of the land in
the subject location is in an unincorporated area, and that the City has no control over the zoning
of properties there. Mr. Miller stated staff supports the proposal with six detached structures and
nine attached units subject to applicable standard conditions and a number of special conditions
as follows:
Special Conditions
14. Developer shall utilize masonry, wrought iron fence, or a combination of both for
courtyard fencing.
15.
The right-of-way along Mathews Street shall be increased to 50 feet to match other
residential road right-of-ways. Therefore a dedication of 10 feet along the east side of
Mathews Street is required.
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16. The right-of-way along Spring Street shall be increased to 50 feet to match other
residential road right-of-ways. Therefore a dedication of 5 feet along the north side of
Spring Street is required.
17. A turnaround for emergency vehicles shall be provided unless waived by the Fire Chief.
18. The development shall maintain the following setbacks:
Detached Units
Front-IS'
Rear - 20'
Side - 5'
Minimum Building Separation - 15'
Attached Units
North Property Line - 5'
East Property Line - 10'
South Property Line - 10'
West Property Line - 10'
Front to Front of Buildings - 40'
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Council Member Scoggins asked Mr. Thompson if SH is agreeable to the applicable standard
conditions and special conditions formulated by staff. Mr. Thompson stated he is not certain he
November 7.2005
4
can comply with the requirement for a turnaround for emergency vehicles because of space
limitations. Council Member Scoggins stated he is consulting with the fire chief regarding this
requirement. Mayor Bacon asked what the runoff reduction rating of the planned detention
structure will be. Mr. Thompson stated he will comply with water detention specifications
required by the city engineer. Mr. Thompson stated a 20% reduction can be difficult to achieve,
and that the City ordinances specifY a 10% reduction. Council Member Newcomb stated a 20%
reduction is shown in the stipulations, and that the water runoff reduction requirement is not left
to the discretion of the city engineer in this case. Council Member Newcomb stated the subject
property is located near the Poplar Creek basin, and that the water detention structure planned for
the subject property would be useful. Council Member Newcomb stated the subject property is
currently in unincorporated Cobb County and, if annexed, he believes the City could provide
effective governance there. Council Member Newcomb expressed the view that redevelopment
of the subject property could encourage other developers to consider desirable projects for
construction in that area. Mayor Bacon asked Mr. Thompson if he has considered a mixed use
development for the subject property. Mr. Thompson stated he did give some thought to the
possibility of a mixed-use development, but that particular option did not show much promise for
the subject property. Council Member Newcomb stated one of the subject parcels is
commercially zoned, and that the prospect of developing it for residential purposes seems to be a
positive step. Council Member Smith stated he would prefer to have a more definitive site plan
for the proposed development before making a decision regarding it.
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MOTION: Council Member Smith made a motion to table Rezoning Request 205-025 from
R-20 to RAD Conditional for a 2.09 acre tract at 2771 Matthews Street, 2775 Matthews Street,
280 I Matthews Street, 1655 Spring Street and 1665 Spring Street for Sawgrass Homes pending
submittal of more definitive plans by the developer. The motion was seconded by Council
Member Lnenicka. Motion failed 3 - 4 with Council Members Pritchett, Newcomb, Scoggins
and Wood in opposition.
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Council Member Newcomb asked Mr. Miller to explain what plans for the proposal under
consideration are presently available for review. Mr. Miller stated the site plan is the controlling
document for a conditional development. Mayor Bacon asked Mr. Miller if the proposal under
consideration has been processed any differently from other similar requests. Mr. Miller stated
any project should be constructed to substantially conform to the site plan submitted by the
applicant. Council Member McNabb asked Mr. Miller ifit is correct that no common space is
being required in this rezoning plan, and Mr. Miller answered in the affirmative. Mr. Miller
stated this is a small development and that maintaining open space in this instance may not be
feasible.
(2) Annexation Request (100% of property owners as applicants) - Land Lot 632, 2.09
Acre Tract 1 ih District, 2nd Section, Cobb County - 2771,2775 and 2801 Matthews
Street and 1655 and 1665 Spring Street - Hiram Car Wash, LLC, William Davenport,
Bobby Lacey and Bonnelle Lacey
MOTION: Council Member Scoggins made a motion to approve annexation of a 2.093 acre tract
in Land Lot 632, in the 1 ih District, 2nd Section, Cobb County at 2771,2775 and 2801 Matthews
Street and 1655 and 1665 Spring Street for Hiram Car Wash, LLC, William Davenport, Bobby
Lacey and Bonnelle Lacey to become a part of Ward 3 of the City of Smyrna with an effective
date of December 1,2005. The motion was seconded by Council Member Pritchett. Motion was
approved 7 - O.
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November 7. 2005
5
(3) Final Vote - Rezoning Request Z05-025 - R-20 to RAD Conditional - 2.09 Acre
Tract-2771 Matthews Street, 2775 Matthews Street, 2801 Matthews Street, 1655
Spring Street and 1665 Spring Street - Sawgrass Homes
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MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z05-025 from
R-20 to RAD Conditional for a 2.09 acre tract at 2771 Matthews Street, 2775 Matthews Street, 2801
Matthews Street, 1655 Spring Street and 1665 Spring Street for Sawgrass Homes for six detached
houses and nine attached townhouses at an overall density of 7. I 8 units per acre subject to applicable
standard conditions and special conditions as formulated by staff. Council Member Lnenicka stated
he will support the motion. Council Member Lnenicka stated that when the City annexes property,
improvements such as paving of streets and the installation of gutters and street lights are made there,
and City police and emergency services are provided to those areas. Council Member Lnenicka
stated he hopes the State legislature can consider some measure during the upcoming legislative
session to effectuate the annexation of unincorporated islands. Council Member Lnenicka stated
annexation of these unincorporated islands into Smyrna could solve a number of problems for both
the County and the City. Motion was approved 6 - 1, with Council Member Smith in opposition.
(B) Public Hearing - Rezoning Request Z05-026 - R-15 to RAD Conditional - 1.51 Acre
Tract - 3482 South Sherwood Road - JAL Holdings, LLC
Mr. Wright stated the applicant is requesting rezoning of the subject tract for construction of seven
active-adult residences at a density of 4.63 units per acre. Mr. Wright stated the Planning and Zoning
Board (PZB) has recommended approval ofthe proposal, and that staff recommends tabling the
measure until a subsequent meeting.
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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 an unidentified person who advised he supports agenda item 8 C.
Council Member McNabb recognized Mr. Lewis, and asked Mr. Lewis to provide a summary ofthe
changes to the site plan for the proposed project to those present. Mr. Lewis stated he has tried to
include recommendations from the PZB and information obtained from meetings with City officials
in the revised plan. Mr. Lewis stated he would like to reserve the flexibility to build at least one
1,600 s.f. residence in the development. Mr. Lewis stated the plans as submitted are representative of
the type of houses he plans to build on the subject property. Council Member McNabb asked what
the length of the driveways of the new houses will be, and Mr. Lewis stated he is presently not able to
provide information regarding the exact lengths of the driveways. Mayor Bacon recognized Mr.
Brian Long, and Mr. Long provided information to those present pertaining to driveway lengths in the
proposed development. Council Member McNabb asked Mr. Lewis what the projected selling prices
of the proposed dwellings will be. Mr. Lewis stated the new houses will have selling prices starting
at around $275,000 each. Mr. Lewis stated he believes the configuration of the planned houses will
appeal primarily to mature purchasers. At Council Member McNabb's request, Mr. Lewis showed
graphic representations of the proposed development to those present. Council Member Wood asked
Mr. Lewis if the proposed structures will be designed to be accessible to handicapped persons in
wheelchairs, and Mr. Lewis answered in the affirmative.
Council Member McNabb stated he is in favor of senior-oriented housing being built in the City and
that, because this type of housing is needed in Smyrna, he will support the proposal.
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November 7, 2005
6
MOTION: Council Member McNabb made a motion to approve Rezoning Request 205-026 from
R-15 to RAD Conditional for a 1.51 acre tract at 3482 South Sherwood Road for JAL Holdings, LLC
subject to applicable standard conditions and amended special stipulations as follows:
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16. Minimum floor area shall be 1,800 square feet.
17. The development shall maintain the following setbacks:
Front (Proposed road) - 10 feet
Side (South Sherwood Road) - 20 feet
Side - 0 feet with a minimum of 20 feet between buildings
Rear - 15 feet
18. No outside storage shall be permitted, with the exception of firewood and lawn
furnishings, or as otherwise prohibited in the protective covenants.
19. Units shall be limited to those persons age 55 and older as defined by the Fair Housing
Act as may be amended from time to time.
20.
The development should incorporate applicable accessibility and "easy living" standards
(as administered and copyrighted by a coalition of Georgia citizens including AARP of
Georgia, Atlanta Regional Commission, Concrete Change, Georgia Department of
Community Affairs, Governor's Council on Developmental Disabilities, Home Builders
Association of Georgia, Shepherd Center and the Statewide Independent Living Council
of Georgia) to include at least one full bath with ample maneuvering space, and one
stepless entrance at either the front of the home or through the garage. Each unit will be
wheelchair-accessib Ie.
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21. Each unit must be protected by a fire sprinkler system.
22. The mandatory homeowners association shall be responsible for all community areas.
23. The mandatory homeowners association must include rules that regulate and control the
following:
· Each unit shall have a two-car garage.
. Garages are restricted to vehicle parking only.
. No more than a single unit may be leased by individual owners at a time and for no
term less than one year in duration.
Council Member McNabb asked Mr. Lewis ifhe is agreeable to the stipulations of this rezoning
request. Mr. Lewis stated he agrees with the stipulations in general. Mr. Lewis indicated he is
uncertain as to exactly how the sale of the proposed dwellings will be limited to persons aged 55
and older. Council Member McNabb asked Mr. Lewis ifhe will be willing to work with staff on
the matter of marketing the dwellings to mature occupants, and Mr. Lewis answered in the
affirmative. The motion was seconded by Council Member Scoggins. Council Member
Newcomb stated he will not support the motion because two ofthe structures would be attached
and seem to resemble duplexes. Motion was approved 5 - 2 with Council Members Newcomb
and Pritchett in opposition.
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November 7, 2005
7
PRIVILEGE LICENSE:
There were none.
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FORMAL BUSINESS:
(A) Approval of wastewater rate increase from Cobb County Water System
Mr. Wright stated the Cobb County Water System is increasing the wholesale rate for wastewater
treatment by 4 %. Mr. Wright stated staff recommends increasing the City's sewer rates by the
same percentage from $4.56 per 1000 gallons to $4.74 per 1000 gallons in order to maintain
current levels of service.
MOTION: Council Member Wood made a motion to approve increasing the City's sewer rates
by 4% from $4.56 per 1000 gallons to $4.74 per 1000 gallons effective January 1,2006. The
motion was seconded by Council Member Lnenicka. Motion was approved 5-1, with Council
Member Scoggins in opposition. (Clerk's Note: Council Member McNabb was not present at the
time of this vote)
(B) Approval of water rate increase from Cobb County-Marietta Water Authority
MOTION: Council Member Wood made a motion to approve an increase in the City's water
rates by 2.5% from $1.86 per 1000 gallons to $1.90 per 1000 gallons effective January 1, 2006.
The motion was seconded by Council Member Lnenicka. Motion was approved 5-1, with
Council Member Scoggins in opposition. (Clerk's Note: Council Member McNabb was not
present at the time of this vote)
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(C) Approval of Alcoholic Beverage License Fee Increases
Mr. Wright stated the proposed increases for alcoholic beverage license fees is the second phase
of a two-year plan for bringing the City's license fees in line with those in neighboring
jurisdictions.
MOTION: Council Member Wood made a motion to approve adoption of the 2006 alcoholic
beverage license fee schedule. (Clerk's Note: A copy of the revised fee schedule dated
November 7, 2005 is attached hereto as exhibit "B") The motion was seconded by Council
Member Pritchett. Motion was approved 5-1, with Council Member Lnenicka in opposition.
(Clerk's Note: Council Member McNabb was not present at the time of this vote)
COMMERCIAL BUILDING PERMITS:
(A) 35,362 s.f. Rotel Building - 2175 Church Road - John Patel/JDR Developer
MOTION: Council Member Wood made a motion to approve a commercial building permit for a
35,362 s.f. hotel building at 2175 Church Road for John Patel/JDR Developer. The motion was
seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's Note: Council
Member McNabb was not present at the time of this vote)
CONSENT AGENDA:
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(A)
Approval of October 17, 2005 Minutes
November 7. 2005
8
(B) Amendment to the FY2006 Hotel/Motel Budget
Authorization of a budget amendment is recommended to allow an expenditure for
advertising.
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(C) Approval to Install No Parking signs on Walker Street from Mathews Street to Wright
Street
No Parking signs would be installed on both sides of Walker Street between Mathews
Street and Wright Street. Multiple driveways from duplexes and the narrow width of
Walker Street (18') make parking on the street a safety hazard. The City Engineer has
reviewed this issue and recommends approval.
(D) Approval to send out Request For Proposals (RFP) for Program Management Assistance
for the 2005 Transportation Improvement Program
Components of the RFP include program management assistance, pre-construction
services, right-of-way acquisition, and complete construction services. The City
Engineer has reviewed the RFP and recommends approval.
(E) Approval of use of Council Chambers for a meeting of the Market Village HOA on
Thursday, November 10,2005 from 6:30 p.m. until 8:30 p.m.
*(F) Adoption of a Resolution to authorize the City to acquire property on the north side of
Concord Road between Atlanta Road and Dunton Street for the public transportation
purpose of constructing and maintaining a multi-use pedestrian and bicycle path by any
means authorized by State law including exercise of eminent domain
MOTION: Council Member Scoggins made a motion to approve the consent agenda. The
motion was seconded by Council Member Wood. Motion was approved 6 - O. (Clerk's Note:
Council Member McNabb was not present at the time of this vote)
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COMMITTEE REPORTS:
Council Member Wood commended the employees ofIBM who recently volunteered to assist
with the planting of trees in the vicinity of Linear Park, painting the fence at Ward Street
Park, refurbishing the trail at Thompson Park and other tasks. Council Member Wood stated
IBM volunteers were also involved in other local community beautification activities earlier this
year. Council Member Wood thanked everyone who has been involved in organizing and
carrying out these beneficial projects. Council Member Wood thanked the employees of IBM
and other businesses in the City for their efforts to help make the community a better place for
everyone.
Council Member Lnenicka stated he would like to recognize the staff at Woodland Ridge
Assisted Living, a non-profit organization. Council Member Lnenicka stated each year the State
of Georgia looks for best practices and gives an award through the Department of Human
Resources. Council Member Lnenicka stated the staff at Woodland Ridge won such an award
this year for the best staff training program for 2005. Council Member Lnenicka stated he wishes
to thank the members of the Paces Ferry North HOA for participating in their recent HOA
meeting. Council Member Lnenicka stated there will be a meeting ofthe Gates at Vinings HOA
on November 17. Council Member Lnenicka stated there will be a meeting of the Green Tour in
Atlanta this week and that members of that organization will be making a site visit in Smyrna to
observe the City's accomplishments in the area of redevelopment. Council Member Lnenicka
encouraged everyone to show their appreciation to the veterans of the U.S. armed forces on
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November 7, 2005
9
Veterans Day. Council Member Lnenicka expressed condolences to the families of Mr. Bill
Brown and Mr. Don Fagan, both past commanders of American Legion Post 160, who recently
passed away.
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Council Member Smith stated he wishes the citizens of the newly organized City of Sandy
Springs the best of luck.
Council Member McNabb thanked Mayor Bacon for promptly responding to a family emergency
he recently experienced.
Council Member Scoggins commended the City's elected officials and Mr. Chris Miller for what
he considers to be their objective analysis of a zoning case in Ward 3 on which a decision was
made this evening.
Council Member Newcomb stated Mr. Arthur Crowe was recognized as Citizen of the Year at
the Smyrna Area Chamber Breakfast held recently. Council Member Newcomb commended
Council Member Lnenicka for the manner in which he described Mr. Crowe's accomplishments
and contributions to the community at that meeting. Council Member Newcomb commented
favorably about Mr. Crowe's character and abilities and thanked him for donating some land to
the City for use as a park.
Council Member Pritchett yielded the floor with no report.
CITIZENS INPUT:
There was none.
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With no further business, the meeting was adjourned at 9:55 p.m.
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November 7, 2005
l
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CHARLES PETE WOOD, WARD 7
10
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/ SUS~N D. HIOTT, CITY CLERK
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/ RON NEWCOMB, WARD 2
WADE S. LNENICKA, WARD 6
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RESOLUTION OF CITY OF SMYRNA
WHEREAS, the City of Smyrna, through its Mayor and Council deems it necessary to
acquire property to be used for public transportation purposes for the construction and
maintenance of a multi-use pedestrian and bicycle pathway along Concord Road in Smyrna.
IT IS HEREBY RESOLVED THAT
The City of Smyrna is authorized to acquire any and all property and/or interests in
property depicted and/or described on the "Concord Road Multi-Use Trail Plan" prepared by
Arcadis, dated January 4, 2004, last revised April 1, 2005 which is incorporated herein by
reference.
Such necessary property acquisition includes, but is not limited to the following:
a.) The acquisition of 432.01 square feet of right of way and 1,680.08 square feet of
easement for construction of slopes as shown on Exhibit A(l) and A(2) attached hereto and
incorporated herein by reference.
b.) The acquisition of 858.67 square feet of right of way, 207.68 square feet of
drainage easement and 1,343.63 square feet of easement for construction of slopes as shown on
Exhibit B(l), B(2) and B(3) attached hereto and incorporated herein by reference.
c.) The acquisition of 3,571.13 square feet of right of way, 1,226.40 square feet of
driveway easement and 1,213.88 square feet of easement for construction of slopes as shown on
Exhibit C( 1) and C(2), attached hereto and incorporated herein by reference.
d.) The acquisition of 425.45 square feet of right of way, and 623.80 square feet for
construction of slopes as shown on Exhibit D, attached hereto and incorporated herein by
reference.
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5 73' 44' 47. 05" E 4. 1624
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CONCO~D RD MULTIUSE TRA I L I
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EXHIBIT B (1)
........----..
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PIII?CCL 7 - GLEN E. STINSON
00 1947. PC. 41'1. PO 72. PG 10
TAX PARCEL 10 17-0'i::'J-/7r;4-0 O. 14'} AO?F:S
pOINr N E
8EARING DISTANC[
1/6
1/5
N I. 41/. 546. 29
N 86' 45' 48.33' W
N 1.4//.516.61
E 2.190.135.40
6. 22
E 2.190.129. I'J
De I to 11' 15' 27.10'
Oeqree 10' 55' 53. 02'
Tangenl 65. 55
Length 130.43
Radius 524. 14
Long Chord 130.09
Chord Bear . N 46' 50' 16..98' E
1/7 N 1,41/.635.63 E
N 5J' 57' 57.76 ' E
1/8 N 1.4//,655.58 E
S 27' /7' 55. JJ' E
1/9 N t,4//.618,88 E
De/to /9' 26' JO.62'
Degree /2' /6' 5/.8/'
Tangent 79.92
, Length /58. J/
Radius 466.54
Long Chord /57.55
Chord Bear S 49' 22' /6.36' W
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2. /90. 224. 08
J3. 92
2. /90.25/.5/
7.54
2. 190. 254. 97
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N /, 4//. 546. 29
E 2, /90. /35.40
...1'...... ... .... It ... ...... ..... ....... ..............
PoInt Stot'on Off se t A/'gnment
---..----- -------------- --------- --------
1/5 '4+93.85 -8.00 TRLI
1/6 , 4+97,52 -3.0/ TRLI
1/7 /6+22.28 -8. 00 TRLI
1/8 /6+56.20 -8.00 TRLI
1/9 '6+55.05 -0.54 TRLI
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It.... If. It".." If"".. . ...... ....".......... It.. It It .... It. It If It..
REO'O R/W PARCEL 7 . 858.67 SF (0.020 AC)
REMA'NOER' 0.329 AC
It It..""."....."." It."....". It...... It It..... It".. It.. It It 1'.. It It..,. It
DRAINAGE EASEMENT
1/5 N /.4//,546.64 E 2. /90. /29. '9
N 86' 45' 50.79' W '6.44
/70 N ',4//.547.57 E 2. /90. , /2. 78
N 4' , 58' 23.06' E 21.39
'73 N " 4/ '. 563. 47 E 2. /90. 127.08
. . .. S 49' OJ' 16.83' E '2.50
'74 N /. 4' /, 555. 27 E 2, /90. /36. 52
Delta , , /4' /7.45' (L TJ
Degree 10' 55' 5J.02'
Tangent 5.66
Length II. J3
Rad'us 524, '4
Long Chord , 1.33
Chord Bear . N 40' /9' 37.05' E
1/5 N ,. 4//. 546. 64 E 2.190.129. 19
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po'nt Stat'on Offset AI'gnment
--------- -------------- --------- --------
1/5 /4+93.85 -8.00 TRLI
170 , 4+84. 46 -21.31 TRLI
/73 '5+05.00 -20. 50 TRLI
/74 /5+05.00 -8. 00 TRLI
REO'O DRAIN ESA/'r PARCEL 7/' 207.68 SF (0.005 AC/
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EXHIBIT B(3)
DRIVEWAY ESM'T . 24/. ~a ~r IV. vvv ~~.
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PARCEL II - J. V. CHI LDRESS HOLDI NG. LLC
DB 1286/. PG. 539
TAX PARCEL 10 17-0559-050-0 1.314 ACRES
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N 1.411.7/6.47
S 33' 03' 20.25' E
N 1.411.697.01
S 89' 03' 20.82" W
N I. 41 I. 700. 40
N 14' 03' 55.35" W
N I. 411. 706. 88 E
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E 2. 19/, 234. 68
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E 2. 19/. 233. 05
x . x x x x x x . x x x x x x x x x x x x x x x x . . . . . x . x x xx xx x x x x x x x xx xx · x x x
poInt StatIon Offset AlIgnment
--------- -------------- --------- --------
130 26+46. 90 -10.00 TRLI
132 27+00. 00 -7.00 TRLI
133 28+76.86. - 13. 04 TRLI
134 28+59. 22 5.34 TRLI
,., /3/ 26+48. 60 -3. 54 TRLI
x x x x x . x x x x x x x x x . x x x x . x x x x . . . . . . x . · x x,. X" · · · · x" · x,. ·
(0.082 AC)
REO'D R/W PARCEL II 3.57/. /3 SF
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ESM'T FOR CONSTR.
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EXHIBIT C (1)
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ESET BUS STOP
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PARCEL 8
- HAROLD E. FLYNN
DB 1228. PG. 235. DB 238.
TAX PARCEL ID 17-0522-035-0
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PG 61
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0.438 ACRES.
PO I NT
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E 2. 190. 328. 5 I
De It a
Degree
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Length
RadIus
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Chord Bear
10' 06' 00.64" (RT)
II' 02112.59"
45. 88
9 I. 5 I
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121
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12' 16' 51.81"
34. 26
68. 40
466. 54
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123
N 1.41 1.691.35
S 89. 54' 13.50" W
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E 2. 190. 347. 56
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--------- -------------- --------- --------
120 17+40.65 -8. 00 TRLI
121 18+30.75 -8. 00 TRLI
122 18+26.62 -3. 22 TRLI
123 17+58.59 -2. 12 TRLI
REQ'D R/W PARCEL 8 . 425.45 SF (0.010 AC)
REMAINDER. 0.428 AC
x.. · · · · % . . . . . . x . . % . . . . . . . . . . . . . z . % . Z . . . . . . . . . x x ~ . . x . x
ESM'T FOR CONSTR. OF SLOPES. 623.80 SF (0.014 AC)
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EXHIBIT D
IT IS FUTHER RESOLVED, that said property may be acquired by any lawful means
..., including eminent domain for the public transportation purpose of constructing and maintaining
a multi-use pedestrian and bicycle pathway.
cI-
SO RESOLVED this L day of
;J~,2005.
A. Max Bacon,
Mayor
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Ji . Y.Smith,. ard 5 ;:t
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Wade S. Lnenicka, Ward 6
--
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Ron Newcomb, Ward 2
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III Scoggins, Wa
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Charles Pete Wood, \Vard 7
Attest:
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Susan D. Hiott, City Clerk '-
~
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
-
Ordinance Number
Land Lot 632
Acres 2.093
2005-37
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on November 7, 2005
after first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners ofthe area to be annexed and of the citizens ofthe municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
...
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A,"
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council ofthe City of Smyrna, this
November, 2005.
fl
~
A. Max Bacon, Mayor
q1
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S san D. Hiott, City Clerk
City of Smyrna
~
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Scott A. Cochran, City Attorney
City of Smyrna
Ordinance #2005-37 Exhibit A page 1
North Parcel- Overall Le2al Description
-
Property Line Description
All that tract or parcel of land lying and being in Land Lot 632 of the 1 th District 2nd
Section of Cobb County, Georgia and being more particularly described as follows:
Beginning at the intersection of Land Lots 593, 594,631, 632
thence South 89 degrees 02 minutes 32 seconds East, 18.98 feet to a point;
thence North 02 degrees 24 minutes 20 seconds West, 499.87 feet to a point;
said point being the POINT OF BEGINNING;
thence North 02 degrees 26 minutes 12 seconds West, 159.20 feet to a point;
thence North 87 degrees 14 minutes 40 seconds East, 189.19 feet to a point;
thence South 01 degrees 25 minutes 17 seconds East, 158.05 feet to a point;
thence South 86 degrees 52 minutes 43 seconds West, 186.40 feet to a point;
said point being the POINT OF BEGINNING;
Said tract or parcel of land contains 0.68 acres.
-
-
Ordinance #2005-37 Exhibit A page 2
-
fulrin2 Street South Parcel- Overall Le2:al Description
Property Line Description
All that tract or parcel of land lying and being in Land Lot 632 of the 17th District
2nd Section of Cobb County, Georgia, and being more particularly described as
follows:
Beginning at the intersection of Land Lots 593,594, 631,632
thence South 89 degrees 02 minutes 32 seconds East, 18.98 feet to a point;
said point being the POINT OF BEGINNING;
thence North 02 degrees 24 minutes 20 seconds West, 339.23 feet to a point;
thence North 87 degrees 11 minutes 21 seconds East, 182.24 feet to a point;
thence South 00 degrees 53 minutes 17 seconds East, 9.72 feet to a point;
thence South 02 degrees 24 minutes 20 seconds East, 110.49 feet to a point;
thence South 01 degrees 46 minutes 00 seconds East, 220.08 feet to a point;
thence South 87 degrees 31 minutes 03 seconds West, 179.52 feet to a point;
said point being the POINT OF BEGINNING;
-
Said tract or parcel of land contains 1.413 acres.
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