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10-16-2006 October 16, 2006 October 16, 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, City Clerk Susan Hiott, City Attorney Scott Cochran, Assistant City Administrator Eric Taylor, Fire Chief Jason Lanyon, Public Works Director Scott Stokes, Library Director Michael Seigler, Assistant Keep Smyrna Beautiful Director Virginia Davis, Benefits Coordinator Carol Lincoln, City Engineer Ken Hildebrandt, Community Relations Director Jennifer Bennett, Finance Director David Boyd, Planner Rusty Martin, Parks and Recreation Director Steve Ciaccio, Economic Development Coordinator Alan Durham and representatives of the press. Invocation was given by Mr. Wright, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item #4 C (Public Hearing - Rezoning Request 206-045 - R-15 to RAD Conditional - 0.878 acre tract - vicinity of Church Street - Fairbanks Properties, LLC) will be tabled until the November 20, 2006 meeting. MAYOR'S REPORT: Council Member Pritchett recognized Ms. Joan O'Connell with the Cobb Community Collaborative (CCC), and read a Proclamation in recognition of Red Ribbon Week/Race for Results Day to those present. Ms. O'Connell thanked the present officials for their support of the CCC's efforts to eliminate substance abuse. - Council Member McNabb read a Proclamation in recognition of Friends of the Smyrna Library to those present. Mayor Bacon thanked the members of the Friends of the Smyrna Library for their efforts on behalf of the community. Mr. Seigler stated the Friends of the Smyrna Library is the best such group in Georgia, and commented favorably on their contributions to the City Library. Mayor Bacon provided details to those present concerning the tax allocation district (TAD) measure which was approved by City residents in 2002. Mayor Bacon stated agenda items 6 A and 6 B will be heard at this time. FORMAL BUSINESS: (A) Public Hearing - Approval of Jonquil Plaza Redevelopment Plan - Mr. Wright stated property owners and development partners have been working with City staff to create a suitable redevelopment plan for Jonquil Plaza. Mr. Wright stated the redevelopment proposal calls for 160,000 s.f. of retail space, 20,000 s.f. of office space and about 300 condo- miniums. Mr. Wright stated TAD funding is requested for construction of parking facilities for this site. Mr. Wright stated bonds for this will total $24,250,000 for a twenty-five year term. Mr. Wright stated Cobb County Board of Education and the county manager must also approve this measure and plans are under way to present the proposal for their consideration. Mr. Wright stated staff recommends approval of this plan, and he commented favorably about its potential for positive impact on the community. Mr. Wright stated the City's Downtown Development Authority has voted to approve this proposal. October 16,2006 2 Mayor Bacon recognized Mr. Durham, and Mr. Durham introduced several persons associated with this project to those present. Mr. Durham showed graphic representations of the proposed redevelopment to those present. Mr. Durham provided a general overview ofthe scope of the plan to those present. Mr. Durham stated the plan includes a welcome addition of needed parking space. Mr. Durham estimated the value of the subject property will increase twenty-eight-fold after redevelopment. Mr. Durham pointed out that the bond funds will be used for the parking facility, and no public monies will be allocated toward private profit. - Mayor Bacon stated this is a public hearing and asked for public comment. Mayor Bacon recognized Mr. William Stefano, residing on Walker Street, and Mr. Stefano asked what will become of the railroad tracks near the subject location. Mr. Durham provided details to those present regarding the placement of improvements in relation to the existing tracks, Mayor Bacon expressed the view that the proposed project will be beneficial to the community. Mayor Bacon recognized Mr. Daniels, and Mr. Daniels provide details to those present concerning the many ways a development of the type proposed can be enjoyed by the City's residents. Council Member McNabb thanked everyone involved in the creation ofthis project for their patience and perseverance. Mr. Wright stated the funding provided by the TAD measure has been an important factor in bringing this proposal forward. Mr. Wright stated a TAD incentive provides additional tax revenues which in turn offset the cost of the incentive. Mr. Wright stated no additional tax funds go into this project other than the taxes generated by the development itself. Mr. Wright stated research has been conducted into the positive impact a development of this type can have on the City. Mayor Bacon stated efforts are being made to try to keep McEntyre's Bakery and Jonquil Sporting Goods in Smyrna, Council Member Wood stated this project is a continuation of the improvements started with the Market Village, and that this latest project will provide a suitable gateway to the City, Council Member Newcomb stated this proposal is an important step in the future of Smyrna. - MOTION: Council Member Wood made a motion to approve the Jonquil Plaza Redevelopment Plan as presented, The motion was seconded by Council Member Lnenicka. Council Member Lnenicka thanked the voters of Smyrna for entrusting the TAD measure to the city council as a development tool. Council Member Lnenicka stated he believes the measure presently under consideration will make Smyrna a continuing example ofleadership in this region. Council Member Lnenicka stated much has been accomplished locally through previous redevelopment projects. Council Member Lnenicka thanked the members ofthe Daniels family for the significant commitment they have made to this project and the future of Smyrna. Council Member Lnenicka stated the associates of AG Armstrong and others have helped make this plan possible. Motion was approved 7 - O. (B) Public Hearing - Amendment to the Atlanta Road Corridor Redevelopment Plan and Tax Allocation Bond District Mr. Wright provided information to those present concerning the City's Atlanta Road Corridor Redevelopment Plan (ARRP) and Tax Allocation Bond District. Mr. Wright provided back- ground information to those present regarding redevelopment plans in Smyrna. Mr. Wright stated updating the 2002 ARRP with recent information pertaining to the Jonquil Village project is proposed. - - - - October 16, 2006 MOTION: Council Member Wood made a motion to approve amendment to the Atlanta Road Corridor Redevelopment Plan and Tax Allocation Bond District. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. The motion was seconded by Council Member Lnenicka. Motion was approved 7 _ O. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing - Rezoning Request Z06-021 - FC to 01 Conditional _ .28 acre tract _ Brown Road and Concord Road - 905 Concord Road - Leading Edge Properties, LLC Mr. Wright stated the applicant has requested rezoning of the subject tract for construction of professional office space. Mr. Wright stated the proposal entails renovation of an existing structure with no land use change. Mr. Wright stated both staff and the Planning and Zoning Board (PZB) recommend denial of this request. Mayor Bacon recognized Ms. Linda Dunlevy, residing at 125 Clairmont Avenue, Decatur, Georgia, representing Leading Edge Properties, LLC (LEP). Mayor Bacon stated this is a public hearing and asked for public comment. There was none, At Council Member McNabb's request, Ms. Dunlevy provided details to those present concerning LEP's background and plans for the subject property. Ms. Dunlevy stated the subject property is not viable for residential use. Ms. Dunlevy stated she has learned about plans for widening Concord Road, and expressed the view that some aspects of these plans will render the subject property unsuitable for development. Ms. Dunlevy stated the owner of the subject property is experiencing difficulty in realizing any beneficial use for the property under existing circumstances. Ms. Dunlevy stated the rezoning request in its present form, if approved, would at least allow the principal ofLEP to utilize the property for his own use as an office. Council Member Lnenicka asked if any repairs have been made to the structure, and Ms. Dunlevy indicated some repairs were made but damage was done by a tenant who was there briefly. Ms. Dunlevy stated the owner of the property is presently reluctant to make additional improve- ments with no known use for the property in evidence. At Council Member Lnenicka's request, Ms. Dunlevy recapitulated the damage done to the structure by the previous tenant. Council Member McNabb stated it appears that the property was acquired by LEP on the basis of inaccurate information from an independent party, Council Member McNabb provided details to those present concerning several properties in the subject area which are rented for residential use, and stated that he does not agree with the representation that the property cannot be used for residential purposes, MOTION: Council Member McNabb made a motion to deny Rezoning Request Z06-021 from FC to OJ Conditional for a .28 acre tract at Brown Road and Concord Road (905 Concord Road) for Leading Edge Properties, LLC. The motion was seconded by Council Member Scoggins. Motion to deny the request was approved 6 - I, with Council Member Smith in opposition. 3 4 October 16,2006 (B) Public Hearing - Rezoning Request Z06-042 - R-15 to RAD Conditional - .958 acre tract _ Fleming Street and Hughes Street - 2605 Hughes Street - 242 Development, LLC Mr. Wright stated the applicant proposes redevelopment of the subject property for construction of four single-family residences at a density of 4.17 units per acre with a corresponding land use change to moderate density residential. Mr. Wright stated PZB and staff recommend approval of the rezoning subject to a number of conditions. Mayor Bacon recognized Messrs. Drew Johnson and Art Douglas, representing 242 Develop- ment, LLC (242). 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 Scoggins recognized Messrs. Johnson and Douglas who provided details to those present concerning the proposed project. Council Member Scoggins asked what the selling prices of the new houses will be, and Mr. Johnson stated they will range in price from $400,000 to $500,000 each. At Council Member Lnenicka's request, Mr. Johnson provided a summary of amendments to the proposed plan to those present. Mayor Bacon recognized Ms. Judy Ingram-Adkins (phonetic), residing at 2630 Hughes Street, and Ms. Ingram-Adkins expressed the view that a particular specimen tree on the subject property is exceptional. Ms. Ingram-Adkins asked the present officials to take steps to preserve this tree. Mayor Bacon recognized Ms. Gretchen Munser, residing at 2668 Brown Circle, and Ms. Munser expressed concerns about loss of trees in the community. Ms. Munser expressed the view that the proposed zoning is too intense. Ms. Munser asked the present officials to examine alternatives to help save a particular specimen tree on the subject property. Mayor Bacon recognized Ms. Joey Hubbard-Young (phonetic), and Ms. Hubbard-Young asked the present officials to consider ways to save trees in the City. Mayor Bacon recognized Mr. Richard Pecha, residing on Brown Circle, and Mr. Pecha expressed concerns about loss of trees in the community. Mr. Pecha expressed the view that a particular specimen tree on the subject property has great value. Mr. Pecha talked about wildlife in the vicinity of his neighborhood. Mr. Pecha provided details to those present concerning a development which was constructed with minimal loss of trees. Mayor Bacon recognized Mr. Charles Vickery, residing at 2620 Hughes Street, and Mr. Vickery stated he would not want to lose the specimen tree on the subject property. Council Member Scoggins recognized Mr. Martin, and Mr. Martin stated a revised tree plan has been formulated for the subject property with adjusted setbacks to help try to preserve the specimen tree. Mr. Martin stated there is another specimen tree on adjacent property and that care should be taken to avoid disruption to that tree's roots. Council Member Scoggins asked Mr. Johnson if he is aware of a requirement for a five-year tree replacement letter of credit as a condition of rezoning, and Mr. Johnson said yes. Council Member Scoggins asked Mr. Johnson if such a stipulation would be acceptable, and Mr. Johnson stated it could be considered with some guarantee that the tree in question will survive the construction process. Mr. Johnson stated consultation with tree experts resulted in no such guarantee. Mr. Johnson expressed - - - - - - October 16.2006 5 concerns about some limbs on the subject tree posing a hazard to an existing structure and a potential hazard to new construction. Mr. Johnson expressed the view that it may be beneficial to focus on the total amount of tree canopy which can be preserved instead of concentrating onjust one tree. Mr. Johnson stated some of the possible plan amendments will likely result in the loss of more than one tree. Mr. Johnson stated the plan which calls for removal of the specimen tree will result in the smallest number of trees lost overall. Council Member Scoggins recognized Mr. Kirk Whittington, representing Whittington and Associates consulting arborists, and Mr. Whittington stated the project under consideration is very dense and will inevitably impact numerous trees on the subject property. Mr. Whittington stated there would be too many structures on too little land to allow any real probability of successfully saving trees. Mr. Whittington stated the specimen white oak tree under discussion is one of the most beautiful trees he has seen. MOTION: Council Member Scoggins made a motion to table Rezoning Request Z06-042 from R-I5 to RAD Conditional for a .958 acre tract near Fleming Street and Hughes Street (2605 Hughes Street) for 242 Development, LLC until the November 6, 2006 council meeting. The motion was seconded by Council Member McNabb. Motion to table the measure was approved 7 -0. (C) Public Hearing - Rezoning Request Z06-045 - R-I5 to RAD Conditional - .878 acre tract - Church Street and Mann Street - Fairbanks Properties, LLC Mayor Bacon asked ifthere is anyone present in connection with this rezoning request, and there was no response. MOTION: Council Member Scoggins made a motion to table Rezoning request Z06-045 from R-15 to RAD Conditional for a 0.878 acre tract in the vicinity of Church Street for Fairbanks Properties, LLC to the November 20,2006 meeting. The motion was seconded by Council Member McNabb. Motion to table the measure was approved 7 - O. (D) Public Hearing - Rezoning Request Z06-046 - R-I5 to RAD Conditional - 1.7 acre tract - Gilbert Street - DGD Holdings, Incorporated Mr. Wright stated the applicant is seeking approval to rezone a 1.7 acre tract from R-I5 to RAD Conditional to accommodate four detached single family residences at a density of 2.47 units per acre. Mr. Wright stated the proposed development has a slightly lower density than the moderate density residential land use of 3 to 4.5 units per acre approved under the future land use plan for the area. Mr. Wright stated PZB has voted to approve the plan, and that staff supports the request with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Dudek, and at Council Member Lnenicka's request, Mr. Dudek provided details to those present concerning the plans of DGD Holdings, Incorporated (DGD) for the subject property. Mr. Dudek stated an existing house will be replaced with four new ones facing Gilbert Street. Mr. Dudek stated the subject property is very attractive, and he has considered building his personal residence on two of the lots. Mr. Dudek showed the present officials a graphic representation of the proposed project. Council Member Scoggins asked Mr. Dudek what the selling prices of the new houses will be, and Mr. Dudek stated the selling prices will range from $550,000 to $600,000 per house. Council Member McNabb asked Mr. Dudek October 16. 2006 6 to try to achieve variety in the architectural style ofthe houses he builds. Council Member Scoggins asked Mr. Dudek ifthe conditions ofthis rezoning are acceptable, and Mr. Dudek answered in the affirmative. Council Member Lnenicka stated requirements # 2,8,9, 10, 12 and 17 from Section 1201 of the Zoning Code are not applicable in this case. Mr. Scoggins read the - special conditions of the rezoning into the record as follows: 12. The development shall maintain the following setbacks: Front Rear Side 30' 25' 7.5' (15' between bu ildings) 13. All homes on Gilbert Street shall have usable front porches. 14. Residences shall be craftsman/bungalow style and have rear entry garages. 15. Driveway - 22' minimum length from building face to edge of shared drive. Each unit shall have a two-car garage. 16. The shared driveway shall be a minimum of 15' in width. 17. The developer shall create deed covenants for the shared driveways in which the ownership, maintenance, and utilization are the shared responsibility of each homeowner. These covenants must be supplied to the City prior to the issuance of a building permit 18. The final plat for the development shall include a right-of-way dedication of 5' along Gilbert Street Setbacks shall be taken from the existing right-of-way. - 19. Each home will be a minimum of3,OOO square feet in size. Council Member Scoggins asked Mr. Dudek if the conditions ofthis rezoning are acceptable, and Mr. Dudek answered in the affirmative. MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z06-046 from R-15 to RAD Conditional for a 1.7 acre tract on Gilbert Street for DGD Holdings, Incorporated. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (E) 1. Public Hearing - Rezoning Request Z06-047 (site amendment) - R-20 to RAD Conditional - .3 7 acre tract - Land Lot 632, Parcel 30, 1 ih District 2nd Section Cobb County - 2781 Mathews Street - Sawgrass Homes Mr. Wright stated the applicant proposes to annex a property for addition to a parcel which was rezoned during November of2005. Mr. Wright stated the developer's plans call for construction of five detached single-family structures on the subject tract at a density of 4.9 units per acre. Mr. Wright stated PZB recommended approval for four units, and staff recommends approval for five structures with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. At Council Member Scoggins' request, Mr. Thompson provided details to those present -- October 16. 2006 7 - concerning the plans of Sawgrass Homes (SH) for the subject property. Mr. Thompson used a graphic representation of the proposed project to help explain the plan to those present Mr. Thompson stated the proposed houses will be a minimum of 2,200 s.f. in size and built in the craftsman style. Mr. Thompson stated the selling prices of the planned houses will start at around $400,000 per house. Mayor Bacon recognized Mr. Lemuel Ward, residing on Spring Street, and Mr. Ward expressed concerns about rezonings for high-density residential uses in the City. Mr. Ward stated Williams Park deserves better than this. Mr. Ward stated the citizens believed the city council when they were promised that moderate density residential uses would be in the land use plan. Mr. Ward stated the lots for the planned development will be narrow and negotiating a nearby corner will be difficult Mr. Ward stated the proposed site plan does not appear to be compatible with five structures. Mayor Bacon recognized Mr. William Stefano, residing at 1606 Walker Street, and Mr. Stefano stated his pet dogs were killed by a dog belonging to the owner of the subject property. Mr. Stefano stated he wants to see the existing structure removed, but that putting five houses there is not incomplete. Mr. Stefano stated many motorists drive at excessive speeds on Mathews Street Mr. Stefano stated he believes drug trafficking may be occurring in the subject area. Mr. Stefano stated this rezoning request should be approved. Mayor Bacon recognized Mr. Stephen McQuade, residing at 1555 Roswell Street, and Mr. McQuade cited numerous reasons why the subject area is in need of redevelopment Mr. McQuade expressed concerns about high-density development Mr. McQuade stated he is concerned about the impact of development on traffic and infrastructure. - Council Member Smith expressed concerns about the turning radius on lot #1 and the 5' building setback lines. Council Member Smith stated he will not support this rezoning request, but thanked Mr. Thompson for his efforts. Council Member Lnenicka expressed concerns about the turning radius on lot #1. Council Member Scoggins asked Mr. Thompson if the applicable standard conditions and special conditions of the rezoning request are acceptable, and Mr. Thompson answered in the affirmative. Council Member Scoggins read the special conditions of the rezoning into the record as follows: Special Conditions 11. 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. All setbacks shall be taken from the new right-of-way. 12. The development shall maintain the following setbacks: Front -15' Rear - 20' Side - 5' Minimum Building Separation - 15' - 13. The detention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development The storm water detention plan shall be October 16, 2006 8 designed to create at least a 20% reduction in a 100-year storm event. The City Engineer shall approve all plans. 14. Minimum driveway length of 22' from the residence to the edge of the shared private drive. - 15. A minimum width for the shared private drive of 18'. 16. The developer shall create deed covenants for the shared driveways in which the ownership, maintenance, and utilization are the shared responsibility of each homeowner. These covenants must be supplied to the City prior to the issuance of a building permit. 17. A minimum house size of2,200 square feet. 18. The homes shall have a minimum width of 26'. 19. A 10' landscape buffer along the eastern shared property line. (Clerk's Note: Requirements #2, 4,5,8,9, 12 & 17 from Section 1201 ofthe Zoning Code are not applicable) 2. Annexation Request (request by 100% of owners) - .37 acre tract - Land Lot 632, Parcel 30, 1 ih District 2nd Section Cobb County - 2781 Mathews Street - Roy Garrett Mr. Wright stated the city engineer has reviewed the legal description ofthe subject property and found it to be in order. Mr. Wright stated staff recommends approval ofthis annexation request. -- Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to approve annexation request for a .37 acre tract in Land Lot 632, Parcel 30, 17th District 2nd Section Cobb County at 2781 Mathews Street for Roy Garrett. The motion was seconded by Council Member Pritchett. Motion was approved 5 - 2, with Council Members McNabb and Smith in opposition. 3. Final Vote - Rezoning Request Z06-047 -- R-20 to RAD Conditional- .37 acre tract - Land Lot 632, Parcel 30, 1 ih District 2nd Section Cobb County 2781 Mathews Street - Sawgrass Homes MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z06-047 from R-20 to RAD Conditional for a .37 acre tract in Land Lot 632, Parcel 30, 17th District 2nd Section Cobb County at 2781 Mathews Street for Sawgrass Homes. The motion was seconded by Council Member Pritchett. At Council Member Newcomb's request, Mr. Thompson showed a graphic representation of the proposed project to those present. Council Member Newcomb stated he will support this rezoning, but expressed concerns about proliferation of high-density development. Council Member Lnenicka stated he will support this rezoning, and stated the subject area has been an unincorporated island. Council Member Lnenicka stated he believes the unincorporated islands around the City should be annexed by an act of the State Legislature. Motion was approved 5 - 2, with Council Members McNabb and Smith in opposition. - October 16, 2006 9 PRIVILEGE LICENSE: There were none. ... COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of October 2, 2006 minutes (B) Approval to close a portion of Nelson Lane The City has received a request from adjoining residents to close Nelson Lane, remove the roadway, and install a guardrail in order to discourage pedestrian traffic past their residence and across the railroad tracks. The City Engineer has reviewed this request along with the City Attorney and City Administrator and recommends approval. (C) Approval to authorize the Mayor to sign the City Right of Way Agreement for resurfacing of various streets (Project PRC 1 0-S009-00 (702) This contract is for 7.15 miles (15 streets) in the City of Smyrna. Staff has reviewed the documents and recommends approval. (D) Bid Award - Unit price bid for SPLOST construction services Five requests for bid were sent out, but only one was received (Butch Thompson Enterprises). Since this was the only bid, we clarified and negotiated prices with BTE. The City Engineer and our program management firm, Croy-MSE recommend approval of this bid to Butch Thompson Enterprises. - (E) Bid Award and Contract Execution - Park concept design services for sports facilities at Campbell Middle School The City Attorney has reviewed and made changes to a Lose and Associates, Inc. concept design proposal. Lose and Associates were selected among a pool of park design firms for this concept work. The concept includes the development of an additional multi- purpose field and concession/restroom building, and the refurbishment of existing fields and facilities. Staff recommends authorizing the Mayor to sign the Lose contract proposal and award ofthe CMS concept design work to Lose and Associates, Inc. (F) Approval for cuI de sac closing for neighborhood party at 2823 Priest Cliff Drive, October 21,2006,12:00 Noon to 2:00 p.m, (G) Approval of acquisition of lots 53 and 54 of the S. H. Dunn property subdivision in Land Lot 523, 1 ih District, 2nd Section, Cobb County, Georgia and authorization for the Mayor to execute all related documents MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Scoggins. Motion was approved 7 - 0, - October 16, 2006 10 COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. Council Member Lnenicka thanked the residents of Forest Hills for inviting him to their recent festival. Council Member Lnenicka provided details to those present concerning recent media coverage of the City of a favorable nature in the Atlanta Journal. Council Member Lnenicka provided details to those present concerning a recent newspaper article about a Pope High School graduate who was recently lost in combat in Iraq. Council Member Lnenicka stated we are all fortunate to have people who are willing to protect our country. - Council Member Smith recognized Ms. Lincoln, who provided details to those present concerning positions for which the City is presently recruiting. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning upcoming programs and events at the City Library. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning the upcoming Jonquil Festival and New Year's Eve celebration. Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present concerning various park improvements and plans for new parks. Council Member McNabb encouraged everyone to involve themselves in the upcoming election. Council Member Scoggins recognized Ms. Hiott, who provided details to those present concerning recent court services operations. Ms. Hiott commended Marshal Michael Ely for his diligence in serving warrants on persons who have failed to appear in court. Ms. Hiott congratulated Karen Fricke on being selected as secretary to the Municipal Court Clerks Council. Ms. Hiott stated persons with questions about the upcoming election should contact Cobb County Voter Registration. - Council Member Newcomb recognized Messrs. Martin and Taylor, who had no report. Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those present concerning current Public Works Department projects and programs. Council Member Lnenicka asked Mr. Stokes to try to instruct citizens about the negative impact of yard waste and other materials in the storm drain system. Mr. Stokes provided details to those present concerning measures taken by the City to remediate the negative effects of dumping materials in the storm drain system. Mayor Bacon stated court summonses should be issued to violators of storm drain protection regulations. Council Member Pritchett recognized Ms. Davis, and Ms. Davis thanked the City's elected officials for the support they provide to the Keep Smyrna Beautiful (KSB) program which has enabled KSB to garner a first place award in the State of Georgia. Ms. Davis provided details to those present concerning the recent Rivers Alive cleanup activities. Ms. Davis thanked the volunteers for their efforts. Ms. Davis provided details to those present regarding the upcoming Adopt-a-Mile cleanup program. Ms. Davis stated the jonquil bulbs are now available for sale. Ms. Davis stated KSB will be collecting used athletic shoes and telephones for recycling at the Jonquil Festival. Ms. Davis provided details to those present concerning an upcoming effort in conjunction with Cobb County for electronics recycling. Ms. Davis stated a tree seminar will be conducted at the Community Center next month. - - - - October 16, 2006 Mr. Wright wished Mr. Cochran a happy birthday. CITIZENS INPUT: There was none. ADJOURNMENT: 11 With no further business, the meeting was adjourned at 10:30 p.m. P?~ A. MAX BACON, MAYOR ~o.~ SU AN D. HIOTT, CITY CLERK 4 ~ ,~-t~/drr (! 12kJd;t ~J J j ~ MELLENY P : HETT, WARD 1 RON NEWCOMB~A~ 2 (/ - - .. ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number Land Lot 632 Acres .37 2006-19 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 ofthe City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on October 16,2006 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 ofthe area to be annexed and ofthe 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. SO ORDAINED by the City Council of the City of Smyrna, this 16th -"'" - day of October, 2006 ..-/ ~ A. Max Bacon, Mayor ~ ~'. ) "../~ ' / /1 J -- /t1x2el J I L / ~ ... .... .. Susa D. Hiott, City Clerk City of Smyrna )~~~ Scott A. Coc\ an, I y Attorney City of Smyrna .... -- - Ordinance #2006 - 19 Exhibit "A" All that tract or parcel of land lying and being in Land Lot 632, 17th District, 2nd Section, Cobb County, Georgia as shown by plat made by Clifton E. Phillips, Surveyor, for property of Melvin Boyd Cargle, recorded in Plat Book 47, page 165, Cobb County Records, and being more particularly described as follows: Beginning at an iron pin located on the east side of Mathews Street (formerly Pinson Street) 421 feet north of the intersection of the east side of Mathews Street with the north side of Spring Street; running thence north along the east side of Mathews Street 80 feet to an iron pin found; running thence east forming an interior angle of 90 degrees with the last preceding course 185.4 feet to an iron pin found; running thence south 80 feet to an iron pin found; running thence west 184.3 feet to the iron pin found located on the east side of Mathews Street and the point of beginning, being improved property having a house thereon known as 2781 Mathews Street according to the present system of numbering houses in Cobb County, Georgia, and being more particularly shown on survey prepared by Georgia Land Surveying Co., Inc. dated February 7, 1983.