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04-03-2006 April 3, 2006 April 3, 2006 - 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, Deputy City Clerk Lee Miller, Acting City Attorney Mike Williams and representatives of the press. Invocation was given by Sister Pamela Spears from Shaw Temple A.M.E. Zion Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 4 A (Public Hearing - Variance Request V06-01 0 - Request to operate day nursery - 811 Church Street) will be tabled until the April 17, 2006 meeting. Mayor Bacon stated agenda item 4 D (Public Hearing - Rezoning Request Z06-0 10 - R-15 to RAD Conditional- 3.03 Acre Tract Highland Avenue - DGD Holdings, Inc.) will be tabled until the May 1,2006 meeting. Mayor Bacon stated agenda item 4 E (Public Hearing - Variance Request V06-014 - Reduction offront setback from 35' to 17' - 1691 Cedar Cliff Drive) will be withdrawn. Mayor Bacon stated agenda items 6 C and 6 D (Approval of Adoption of Cobb County's Animal Control Ordinance and Approval ofInterlocal Agreement with Cobb County for Animal Control Services) will be tabled until the April 17, 2006 meeting. MAYOR'S REPORT: Mayor Bacon had nothing to report. - LAND ISSUES/ZONING/ ANNEXA nON: (A) Public Hearing - Variance Request V06-01O - Request to operate day nursery - 811 Church Street Mayor Bacon asked if there is anyone present in relation to this matter, and there was no response. MOTION: Council Member McNabb made a motion to table Variance Request V06-010 for request to operate day nursery at 811 Church Street until the April 17, 2006 meeting. The motion was seconded by Council Member Scoggins. Motion to table the measure was approved 6 - 0 with Council Member Smith abstaining. (B) Rezoning and Annexation - Oakdale Road - Tuley and Tuley, Inc. (PW) I. Public Hearing - Rezoning Request Z06-0 IS (amendment) - 5.57 Acre Tract - Oakdale Road - Tuley and Tuley, Inc. ... Mr. Wright stated a rezoning request for the subject vicinity was approved during September, 2005 for a 10.45 acre tract. Mr. Wright stated the development plan was amended on October 17, 2005 for a 5.13 acre tract with a corresponding reduction in the number of buildings. Mr. Wright stated the applicant is requesting a development plan revision for addition of a small parcel. Mr. Wright stated the revision will result in a 5.57 acre tract with 25 units at an overall density of 4.49 units per acre. Mr. Wright stated staff recommends approval of the request subject to a number of conditions from the previously approved development proposal. April 3. 2006 2 Mayor Bacon recognized Mr. Richard Tuley. Mr. Tuley stated a surveying error occurred resulting in an incomplete annexation of the development tract. Mr. Tuley stated a deceleration lane will be added near the development which is expected to improve traffic flow in the subject area. Council Member Lnenicka asked Mr. Tuley if a Level I archaeological study has been - conducted on the subject property, and Mr. Tuley answered in the affirmative. Mr. Tuley stated nothing of any archaeological significance has been found on the subject property. Council Member Lnenicka asked Mr. Tuley if a Level II archaeological study will be conducted there if anything of significance is found on the subject property, and Mr. Tuley answered in the affirmative. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. 2. Annexation Request (100% of owners requesting annexation) - .037 acre tract- Land Lot 177, Oakdale Road - Tuley and Tuley, Inc. MOTION: Council Member Wood made a motion to approve annexation request for a .037 acre tract in Land Lot 177, 18th District, 2nd Section on Oakdale Road for Tuley and Tuley, Inc. to become a part of Ward 7 with an effective date of May 1, 2006. The motion was seconded by Council Member Smith. Motion was approved 7 - O. 3. Final Vote - Rezoning Request Z06-015 - 5.57 Acre Tract - Oakdale Road- Tuley and Tuley, Inc. Council Member Wood read standard condition 16 applicable to the request under consideration into the record as follows: A Level I Archeological Study shall be provided for the development. The developer shall verify to the City that any historical or archeological features (including civil war trench lines or evidence of encampments) identified in the study will be protected from development prior to the issuance of a permit for any land disturbance activities. If any significant archeological sites are found, the developer shall pay for a Level II Archeological Study and protect the sites during all development activities until remediation measures can be determined by the City. - Council Member Wood asked Mr. Tuley if this stipulation of rezoning is acceptable, and Mr. Tuley answered in the affirmative. Council Member Wood read special conditions applicable to the request under consideration into the record as follows: 17. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both along Oakdale Road for the limits of the development. The frontage along Oakdale Road shall also incorporate a 20' wide landscape buffer with a maximum distance between trees of 45'. The developer shall be responsible for constructing an entry sign for the community. 18. The development shall maintain the following setbacks: Front -20' Rear - 30' Side - 5' Minimum Building Separation - 15' - April 3. 2006 3 Driveway - A minimum of 22'. The developer will cooperate with the City in efforts to achieve this standard. .... 19. The developer shall board up any buildings on the property after they are vacated. The developer shall remove any vacant buildings on the property within 60 days of closing on the property. Council Member Wood asked Mr. Tuley if these special stipulations of rezoning are acceptable, and Mr. Tuley answered in the affirmative. MOTION: Council Member Wood made a motion to approve Rezoning Request 206-015 (amendment) for a 5.57 acre tract on Oakdale Road for Tuley and Tuley, Inc. subject to applicable standard conditions and special conditions as formulated by staff. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (C) Validation of Annexation Request (60% of owners requesting annexation) - 14.73 Acre Tract Land Lots 331, 332, 389 and 390 - Southeast Fontaine, LLC; Fontaine Lakes, LLC; Whistlestop Properties, LLC Mr. Wright stated the submitted legal description has been reviewed by the city engineer and found to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. (Clerk's Note) The legal description of the subject property is as follows: ... ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 331, 332,389, AND 390 OF THE 17TH DISTRICT, 2ND SECTION, COBB COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT LOCATED ON THE NORTHEAST CORNER OF LAND LOT 390; THENCE SOUTH 00 DEGREES 17 MINUTES 15 SECONDS WEST, 63.57 FEET, TO A POINT; THENCE SOUTH 54 DEGREES 15 MINUTES 02 SECONDS EAST, 156.42 FEET TO A POINT; THENCE ALONG THE NORTH RIGHT OF WAY OF SOUTHERN RAILROAD (200 FEET RIGHT OF WAY), ALONG A CURVE TO THE LEFT, AN ARC DISTANCE OF 644.73 FEET, SAID CURVE HAVING A RADIUS OF 3923.82 FEET AND BEING SUBTENDED BY A CHORD OF 644.00 FEET, AT SOUTH 83 DEGRES 24 MINUTES 42 SECONDS WEST, TO THE POINT OF BEGINNING: THENCE, FROM SAID POINT OF BEGINNING, ALONG THE NORTH RIGHT OF WAY OF SOUTHERN RAILROAD (200 FEET RIGHT OF WAY), ALONG A CURVE TO THE LEFT, AN ARC DISTANCE OF 458.88 FEET, SAID CURVE HAVING A RADIUS OF 3923.82 FEET AND BEING SUB TENDED BY A CHORD OF 458.62 FEET. AT SOUTH 75 DEGREES 21 MINUTES 15 SECONDS WEST, TO A POINT; THENCE CONTINUING ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE LEFT, AN ARC DISTANCE OF 83.32 FEET, SAID CURVE HAVING A RADIUS OF 3923.82 FEET, AND BEING SUBTENDED BY A CHORD OF 83.32 FEET AT SOUTH 71 DEGREES 23 MINUTES 44 SECONDS WEST, TO A POINT; ... April 3. 2006 4 THENCE CONTINUING ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE LEFT, AN ARC DISTANCE OF 435.04 FEET, SAID CURVE HAVING A RADIUS OF 3923.82 FEET AND BEING SUBTENDED BY A CHORD OF 434.82 FEET, AT SOUTH 67 DEGREES 36 MINUTES 40 SECONDS WEST, TO A POINT; THENCE LEAVING SAID RIGHT OF WAY NORTH 22 DEGREES 57 MINUTES 16 SECONDS WEST, 86.69 FEET, TO A POINT; THENCE NORTH 66 DEGREES 48 MINUTES 55 SECONDS EAST, 119.82 FEET, TO A POINT; THENCE NORTH 00 DEGREES 24 MINUTED 56 SECONDS WEST, 195.74 FEET, TO A POINT; THENCE SOUTH 78 DEGREES 05 MINUTES 24 SECONDS WEST, 175.39 FEET, TO A POINT; THENCE NORTH 00 DEGREES 23 MINUTES 32 SECONDS WEST, 151.65 FEET, TO A POINT; THENCE NORTH 17 DEGREES 51 MINUTES 15 SECONDS WEST, 122.56 FEET, TO A POINT; THENCE NORTH 56 DEGREES 39 MINUTES 21 SECONDS EAST, 268.21 FEET, TO A POINT; THENCE SOUTH 17 DEGREES 51 MINUTES 15 SECONDS EAST, 276.72 FEET, TO A POINT; THENCE SOUTH 17 DEGREES 51 MINUTES 15 SECONDS EAST, 68.06 FEET, TO A POINT; THENCE NORTH 66 DEGREES 45 MINUTES 00 SECONDS EAST, 50.07 FEET, TO A POINT; THENCE NORTH 17 DEGREES 56 MINUTES 27 SECONDS WEST, 71.25 FEET, TO A POINT; THENCE NORTH 62 DEGREES 15 MINUTES 01 SECONDS EAST, 17.29 FEET, TO A POINT; THENCE NORTH 17 DEGREES 51 MINUTES 15 SECONDS WEST, 284.35 FEET, TO A POINT; THENCE NORTH 56 DEGREES 39 MINUTES 21 SECONDS EAST, 214.75 FEET, TO A POINT; THENCE SOUTH 17 DEGREES 51 MINUTES 15 SECONDS EAST, 342.61 FEET, TO A POINT; THENCE SOUTH 17 DEGREES 48 MINUTES 16 SECONDS EAST, 52.18 FEET, TO A POINT; THENCE NORTH 66 DEGREES 52 MINUTES 08 SECONDS EAST, 135.05 FEET, TO A POINT; THENCE NORTH 66 DEGREES 46 MINUTES 55 SECONDS EAST, 9.77 FEET, TO A POINT; THENCE NORTH 30 DEGREES 41 MINUTES 59 SECONDS EAST, 106.24 FEET, TO A POINT; THENCE NORTH 27 DEGREES 13 MINUTES 41 SECONDS WEST, 346.07 FEET, TO A POINT; THENCE ALONG A CURVE TO THE RIGHT, AN ARC DISTANCE OF 304.21 FEET, SAID CURVE HAVING A RADIUS OF 892.93 FEET AND BEING SUBTENDED BY A CHORD OF 302.74 FEET, AT SOUTH 73 DEGREES 40 MINUTES 44 SECONDS EAST, TO A POINT; THENCE SOUTH 49 DEGREES 18 MINUTES 30 SECONDS EAST, 71.08 FEET, TO A POINT; - - - April 3, 2006 5 THENCE NORTH 30 DEGREES 41 MINUTES 59 SECONDS EAST, 91.64 FEET, TO A POINT; THENCE ALONG A CURVE TO THE RIGHT, AN ARC DISTANCE OF 54.00 FEET, SAID - CURVE HA VING A RADIUS OF 442.46 FEET AND BEING SUBTENDED BY A CHORD OF 53.96 FEET, AT NORTH 34 DEGREES 11 MINUTES 45 SECONDS EAST, TO A POINT; THENCE SOUTH 42 DEGREES 27 MINUTES 00 SECONDS EAST, 485.99 FEET, TO A POINT; THENCE SOUTH 48 DEGREES 29 MINUTES 07 SECONDS EAST, 75.06 FEET, TO A POINT; THENCE ALONG A CURVE TO THE RIGHT, AN ARC DISTANCE OF 31.39 FEET, SAID CURVE HAVING A RADIUS OF 423.19 FEET AND BEING SUBTENDED BY A CHORD OF 31.39 FEET, AT SOUTH 55 DEGREES 25 MINUTES 40 SECONDS WEST, TO A POINT; THENCE SOUTH 57 DEGREES 20 MINUTES 06 SECONDS WEST, 108.80 FEET, TO A POINT; THENCE SOUTH 62 DEGREES 26 MINUTES 04 SECONDS WEST 235.96 FEET, TO A POINT; THENCE SOUTH 47 DEGREES 04 MINUTES 33 SECONDS WEST 41.67 FEET, TO A POINT; SAID POING BEING THE POINT OF BEGINNING; SAID TRACT OR PARCEL CONTAINS 13.57 ACRES, REFLECTS LESS AND EXCEPT LAND CONTAINED WITHIN COOPER LAKE ROAD RELOCATION (VARIABLE RlW). - AND ALSO: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 389 OF THE 17TH DISTRICT, 2ND SECTION, COBB COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A RIGHT OF MONUMENT FOUND AT THE SOUTHWEST INTERSECTION OF SOUTHERN RIGHT OF WAY OF COOPER LAKE ROAD RELOCA TION (VARIABLE) AND WEST RIGHT OF WAY OF COOPER LAKE ROAD (50 FEET RIGHT OF WAY) THENCE NORTH 67 DEGREES 17 MINUTES 04 SECONDS WEST, 15.30 FEET TO A POINT; THENCE CONTINUING ALONG A CURVE TO THE LEFT, AN ARC DISTANCE OF 70.99 FEET, SAID CURVE HAVING A RADIUS OF 537.96 FEET, AND BEING SUBTENDED BY A CHORD OF 68.47 FEET, AT NORTH 68 DEGREES 46 MINUTES 17 SECONDS EAST, SAID POINT BEING THE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY ALONG THE EAST LOT LINE OF LAND LOT 389 SOUTH 00 DEGREES 17 MINUTES 18 SECONDS WEST, 154.26 FEET TO A POINT THENCE LEAVING SAID LAND LOT LINE SOUTH 39 DEGREES 12 MINUTES 00 SECOND WEST, 63.85 FEET TO A POINT; THENCE SOUTH 36 DEGREES 25 MINUTES 01 SECONDS WEST, 51.12 FEET TO A POINT; THENCE SOUTH 50 DEGREES 47 MINUTES 04 SECONDS WEST, 149.73 FEET TO A POINT; - April 3, 2006 6 THENCE NORTH 52 DEGREES 30 MINUTES 03 SECONDS WEST, 166.15 FEET TO A POINT ON THE SOUTHERN RIGHT OF WAY OF COOPER LAKE ROAD RELOCATION (RIGHT OF WAY VARIABLE) THENCE ALONG SAID RIGHT OF WAY NORTH 50 DEGREES 56 MINUTES 20 - SECONDS EAST, 267.55 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT, AN ARC DISTANCE OF 131.60 FEET, SAID CURVE HAVING A RADIUS OF 537.96 FEET AND BEING SUBTENDED BY A CHORD OF 131.94 FEET, AT NORTH 57 DEGREES 57 MINUTES 54 SECONDS EAST, SAID POINT BEING THE POINT OF BEGINNING; SAID TRACT OR PARCEL CONTAINS 1.16 ACRES MOTION: Council Member Wood made a motion to approve validation of annexation request for a 14.73 acre tract in Land Lots 331,332,389 and 390 for Southeast Fontaine, LLC; Fontaine Lakes, LLC and Whistlestop Properties, LLC with a public hearing date set for May 1, 2006. The motion was seconded by Council Member Newcomb. Motion was approved 6 - 0 with Council Member Smith abstaining. (D) Public Hearing - Rezoning Request 206-010 - R-15 to RAD Conditional - 3.03 Acre Tract Highland Avenue - DGD Holdings, Inc. 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 206-010 from R-15 to RAD Conditional for a 3.03 acre tract on Highland Avenue for DGD Holdings, Inc. until the May 1,2006 meeting. The motion was seconded by Council Member Newcomb. Motion to table the measure was approved 7 - O. - (E) Public Hearing - Variance Request V06-014 - Reduction of front setback from 35' to 17' - 1691 Cedar Cliff Drive Council Member Lnenicka stated a requested side yard setback for the subject property was approved by the License and Variance Board (LVB), but there was opposition to the reduction of front yard setback requested by Ms. Owens. Council Member Lnenicka stated Ms. Owens has submitted a letter dated March 28, 2006 in which is set forth her request that the variance application be withdrawn. Council Member Lnenicka read this letter to those present. (Clerk's Note: A copy ofthis letter is appended hereto as Exhibit B) Council Member Lnenicka stated Variance Request V06-0 14 for a reduction of front setback from 35' to 17' at 1691 Cedar Cliff Drive has been withdrawn by the applicant. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Appointment to Downtown Development Task Force MOTION: Council Member McNabb made a motion to appoint Ms. Anita Ford, residing at 1130 Medlin Street, to the Downtown Development Task Force. The motion was seconded by Council - April 3, 2006 7 Member Pritchett. Motion was approved 7 - O. (B) Approval to authorize the Mayor to sign the Agreement between the State DOT and the City of Smyrna for Transportation Facility Improvements including Brawner Park in Smyrna, Miscellaneous road improvements, Railroad Pedestrian Bridge in Smyrna, and Railroad Quiet Zone in Smyrna - Mr. Wright stated this action will initiate the process of obtaining Federal funds for the specified projects. Mr. Wright stated staff has reviewed the proposed projects and recommends approval. Council Member Pritchett stated the City's officials have traveled to Washington, DC to meet with Senators Isakson and Chambliss and other representatives to discuss the importance of the proposed projects. Council Member Pritchett provided details to those present concerning the improvements which will be made possible by the funding which has been awarded to the City. MOTION: Council Member Pritchett made a motion to approve authorization for the Mayor to sign the Agreement between the State DOT and the City of Smyrna for specified Transportation Facility Improvements. The motion was seconded by Council Member McNabb. Council Member Scoggins asked if it is correct that two quiet zones will be funded, and Council Member Pritchett answered in the affirmative. Mayor Bacon stated that efforts to discuss the City's needs with Federal officials have been worthwhile. Motion was approved 7 - O. (C) Approval of Adoption of Cobb County's Animal Control Ordinance - MOTION: Council Member Lnenicka made a motion to table approval of adoption of Cobb County's Animal Control Ordinance until the April 17, 2006 meeting. The motion was seconded by Council Member Smith. Motion to tabled the measure was approved 7 - O. (D) Approval of Interlocal Agreement with Cobb County for Animal Control Services MOTION: Council Member Lnenicka made a motion to table approval ofInterlocal Agreement with Cobb County for Animal Control Services until the April 17, 2006 meeting. The motion was seconded by Council Member Wood. Motion to tabled the measure was approved 7 - O. (E) Approval of Amendment to City Alcoholic Beverage Ordinance, Sections 6-2, 6-45, 6-116 Mr. Wright stated amendments to the City alcoholic beverage ordinance are proposed in order to clarify the definition of a school, to permit wine tasting by package license holders, and to strengthen the grounds for denial of a license to an applicant with recent business-related convictions. Mr. Wright stated staff has developed the proposed amendments based on issues raised in recent months by business owners, City regulatory personnel, and the Smyrna License and Variance Board. MOTION: Council Member Wood made a motion to approve amendment to the City alcoholic beverage ordinance, Sections 6-2, 6-45, 6-116, as described. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (F) Approval of Administrative Services Agreement with Life Well Health Plans (Third Party Administrator) & Excess Reimbursement Policy with HCC Life (Reinsurance Provider) for self funded Health Insurance Plan for the City of Smyrna - April 3. 2006 8 Mr. Wright stated the City's current health insurance agreement with Cobb County is due for renewal on July 1,2006. Mr. Wright stated a proposal from Life Well Health Plans to act as the City's third party administrator is under consideration. Mr. Wright stated the Life Well plan includes a wellness component. Mr. Wright stated staff recommends approval of this proposal - with an effective date of July 1,2006. MOTION: Council Member Wood made a motion to approve the Administrative Services Agreement with Life Well Health Plans (Third Party Administrator) & Excess Reimbursement Policy with HCC Life (Reinsurance Provider) for self funded Health Insurance Plan for the City of Smyrna with an effective date of July 1, 2006. The motion was seconded by Council Member Smith. Council Member McNabb commented favorably about the Life Well plan, and stated the stop loss clause it includes reduces the City's risk for about the same fees the City is currently paying under the County plan. Council Member Scoggins asked if it is correct that the exact figures for premium percentages have not yet been determined, and Council Member Wood answered in the affirmative. Council Member Wood stated the percentages must be determined before the effective date of July 1,2006. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of March 20, 2006 Minutes (B) Approval to authorize the Mayor to sign the Certificate of Ownership and Agreement Forms for LAU06-S008-00 (892) for improvement of seven City Streets and Project LAU06-S008-00 (894) for improvement of Farm Lane The following streets were approved for funding: LAU06-S008-(894) - Farm Lane, Beginning at Kennesaw Drive, Ending at Green Acres LAU06-S008-00 (892) - Ann Road, Concord Circle, Dundee Drive, Glenroy Drive, Mill Pond Road, Spring Drive, Wisteria Lane The City Engineer has reviewed the documents and recommends approval. - MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Wood stated that work is underway on the City's 2007 fiscal year budget. Council Member Lnenicka thanked Ann Kirk and Virginia Davis for their efforts which made the recent Keep Smyrna Beautiful (KSB) awards banquet a success. Council Member Lnenicka stated it is a pleasure to recognize the volunteers and businesses which do so much to make a positive contribution to the City. Council Member Lnenicka reminded those present about the upcoming religious holidays. Council Member Lnenicka stated City officials recently hosted a delegation from the City of Riverdale and the members conducted an inspection tour of the redeveloped parts ofthe downtown Smyrna area to gather possible ideas for revitalization in their city. Council Member Lnenicka read a Proclamation of the City of Riverdale, Georgia recognizing the City of Smyrna, Georgia to those present. - April 3. 2006 9 Council Member Smith reminded those present that Cobb County students are out of school for spring break and to drive carefully. - Council Member McNabb commented favorably about the natural beauty in the City during this season. Council Member Scoggins stated that the recent approval of the transportation facility improvements agreement is evidence ofthe efforts made by the City's officials to improve this community. Council Member Scoggins thanked the mayor and council members for helping to make receipt of this funding award possible. Council Member Newcomb wished everyone a happy Easter holiday. Council Member Pritchett commented favorably about the recent KSB awards banquet. Council Member Pritchett encouraged all citizens to be aware of graffiti and suspicious activities and to report them to the appropriate local authorities. Council Member Pritchett provided details to those present concerning the Market Village Wine Stroll wine tasting event planned on April 8. Council Member Pritchett stated the proceeds of this event will go to the Friends of the Smyrna Library. CITIZENS INPUT: There was none. With no further business, the meeting was adjourned at 8:23 p.m. - - April 3, 2006 A. MAX BACON, MAYOR J \.. !dJi.;/. . /,1 /! / III' .J L' - ~U~~ ., (f-LUJ ~ CHARLES PETE WOOD, WARD 7 10 - ~~D SUSA D. HIOTT, CITY CLERK /12._ JvL-- RON NEWCOMB, WARD 2 ~ ~JJ- MI AEL McNA RD 4 fI - - ORDINANCE No. 2006-7 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 6, ALCOHOLIC BEVERAGES, SECTIONS 6-2,6-45,6-116 CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTIONS TO INCLUDE PROVISIONS FOR ALLOWING WINE TASTING EVENTS BY PACKAGE LICENSE HOLDERS, TO REINFORCE GROUNDS FOR DENIAL OF LICENSES TO APPLICANTS RECENTLY CONVICTED OF REGULATORY INFRACTIONS AND FOR CLARIFICATION OF THE DEFINITION OF SCHOOL BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 6, Alcoholic Beverages, Sections 6-2, 6-45 and 6-116 (3), City of Smyrna, Georgia, be amended to read as follows: ( 6-2 definitions) "School means the buildings, grounds, or campus of such state, county, city, church or other school with an enrollment in excess of 150 students, which teaches the subjects commonly taught in the public schools of Cobb County, not to include private schools where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational or technical occupations and other special subjects are taught." - (Sec. 6-45 Consumption on package licensed premises prohibited.) "Except as otherwise specified herein, it shall be unlawful for any person licensed for the operation of a package store only to permit or allow any consumption of alcoholic beverages on the premises of such package store location. It shall be the duty of the owner and/or operator of each establishment to police and prevent the consumption of any alcoholic beverages upon the premises of any package store location. Consumption on the premises shall be allowed only in those locations having a pouring license except that in locations having a license to sell package wine, wine may be consumed on such premises during a wine tasting. However, only wine utilized in the wine tasting may be consumed on the premises and may not be sold by the drink." (Sec.6-116{3}) "The applicant has been convicted of violating any laws, ordinances, or regulations regulating such business if such conviction or arrest occurred within a five-year period immediately preceding the date of application. The term "conviction" shall include an adjudication of guilt, a plea of guilty or nolo contendere or the forfeiture of bond when charged with a crime. If there is an arrest and charges are still pending, then action shall be postponed until the charges are adj udicated." - ORDINANCE No. 2006-7 All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. - Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 3rd day of April, 2006. A. Max Bacon, Mayor Attest: - \ rI . - '\ . ..l.:..../~ I I- j'---L LJ 1 >"1. i J '- A .>' , _ " ' -'1(..,.0{ .. L 1_ l.... Susan D. Hiott, City Clerk City of Smyrna Approved as to form: l-rJb~ Scott A. Cochran, City Attorney ------ - 2 ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 177 Acres .037 2006-5 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 April 3, 2006 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and ... NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map ofthe City of Smyrna be amended to show the annexation of said property. A. Max Bacon, Mayor , . \ ,-.j . --; /, '. -;' ,- // ',. r_G-L'-l.ct I ,~/I,- Susan D. Hiott, City Clerk City of Smyrna c: / / ". ;' . I j- i.. .&- L ( .... ~ Scott A. Cochran, City Attorney City of Smyrna ~~-~'"-'_.' Ordinance #2006-5 Exhibit "A" - ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 177 OF THE 18TH DISTRICT, 2ND SECTION, COBB COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A #3 REBAR FOUND AT THE COMMON LAND LOT CORNER COMMON TO LAND LOTS 168, 169, 177 & 178; THENCE SOUTH 88 DEGREES 55 MINUTES 52 SECONDS EAST, 694.11 FEET TO A #4 REBAR FOUND; THENCE SOUTH 00 DEGREES 33 MINUTES 14 SECONDS EAST, 15.29 FEET TO A #4 REBAR SET; THENCE SOUTH 86 DEGREES 24 MINUTES 18 SECONDS EAST, 173.13 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING; - THENCE SOUTH 86 DEGREES 24 MINUTES 18 SECONDS EAST, 9.68 FEET TO A #4 REBAR SET; THENCE SOUTH 41 DEGREES 46 MINUTES 29 SECONDS EAST, 236.28 FEET TO A #4 REBAR SET ON THE NORTHWESTERLY RIGHT-OF-WAY OF OAKDALE ROAD (VARIABLE R/W); THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY SOUTH 51 DEGREES 02 MINUTES 34 SECONDS WEST, 6.81 FEET TO A POINT; THENCE LEAVING SAID NORTHWESTERLY RIGHT-OF-WAY NORTH 41 DEGREES 46 MINUTES 29 SECONDS WEST, 242.83 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING; SAID TRACT OR PARCEL CONTAINING 0.037 ACRES (1,629 SQUARE FEET) ... 03/29/2006 01:22 7704312808 ~R.23-2005 10:'~ FRC~~O - FINAN:E env OF SH'IRI'IA -404Z40T7JZ _ Exhibit "B" April 3, 2006 - ... City of Smyrna - .Community DevelopmCIlt Dcpt. 3180 A.tl8nta ad. Smyrna, GA 30080 Attention: ~c=ya Philipp Dear Ms. Philipp, ..-..-/ March 28, 2006 Gloria Owens 1691 Cedar CUff Drive Snlyma. OA 30080 4E I am writing to withdraw my request for variance of front setba.ck of property loeated. at 1691 Cedar ctiffDrive, Smyrna.. GA, 30080. If you have any questions or need additional information, plea.'iic contact me at 404.240.771 L v r:ry truly yours, Gloria Owtm April 3. 2006 '") (!~t~ ~ CHARLES PETE WOOD, WARD 7 10 ... ~!:2 SUSA D. HIOTT, CITY CLERK ~_, JJ-- RON NEWCOMB, WARD 2 ~~~ MI AEL McNA RD 4 - ... ORDINANCE No. 2006-7 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THA T THE CODE OF ORDINANCES, CHAPTER 6, ALCOHOLIC BEVERAGES, SECTIONS 6-2,6-45,6-116 CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTIONS TO INCLUDE PROVISIONS FOR ALLOWING WINE TASTING EVENTS BY PACKAGE LICENSE HOLDERS, TO REINFORCE GROUNDS FOR DENIAL OF LICENSES TO APPLICANTS RECENTLY CONVICTED OF REGULATORY INFRACTIONS AND FOR CLARIFICATION OF THE DEFINITION OF SCHOOL BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 6, Alcoholic Beverages, Sections 6-2, 6-45 and 6-116 (3), City of Smyrna, Georgia, be amended to read as follows: - (6-2 definitions) "School means the buildings, grounds, or campus of such state, county, city, church or other school with an enrollment in excess of 150 students, which teaches the subjects commonly taught in the public schools of Cobb County, not to include private schools where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational or technical occupations and other special subjects are taught." (Sec. 6-45 Consumption on package licensed premises prohibited.) "Except as otherwise specified herein, it shall be unlawful for any person licensed for the operation of a package store only to permit or allow any consumption of alcoholic beverages on the premises of such package store location. It shall be the duty of the owner and/or operator of each establishment to police and prevent the consumption of any alcoholic beverages upon the premises of any package store location. Consumption on the premises shall be allowed only in those locations having a pouring license except that in locations having a license to sell package wine, wine may be consumed on such premises during a wine tasting. However, only wine utilized in the wine tasting may be consumed on the premises and may not be sold by the drink." (Sec.6-116{3}) "The applicant has been convicted of violating any laws, ordinances, or regulations regulating such business if such conviction or arrest occurred within a five-year period immediately preceding the date of application. The term "conviction" shall include an adjudication of guilt, a plea of guilty or nolo contendere or the forfeiture of bond when charged with a crime. If there is an arrest and charges are still pending, then action shall be postponed until the charges are adj udicated." - ORDINANCE No. 2006-7 All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. - Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 3rd day of April, 2006. A A. Max Bacon, Mayor Attest: - f--~ Of, .1' 't \.. ~~ "...../ ;-:::/uUt }LJ /C{{;>(- Susan D. Hiott, City Clerk City of Smyrna Approved as to form: ~- - Scott A. Cochran, City Attorney - 2 - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number Land Lot 177 Acres .037 2006-5 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 April 3, 2006 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. A. Max Bacon, Mayor /-~, 11 f , (,\ ,', ....~/, r: / I \, , . d ;.... . - ',-_ v ~UlQ.(:r / 0 f(.., /' L {/.- l Susan D. Hiott, City Clerk City of Smyrna - J-t-- Scott A. Cochran, City Attorney City of Smyrna ---,--.-.