August 6, 2001 Council Meeting
August 6, 2001
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The regularly scheduled meeting of Mayor and Council was held at Smyrna City Hall on
August 6, 2001. The meeting was called to order by presiding officer Mayor A. Max
Bacon. All council members were present except for Melleny Pritchett who was out of
state due to a family illness. Also present was City Administrator Howard Smith, City
Clerk Kellie Barber, City Attorney Scott Cochran and representatives of the press.
Invocation was given by Pastor Rick Carroll of Bethel Baptist Church, followed by the
pledge to the flag.
...
Citizens Input:
Michael Leonhardi, Heritage at Vinings resident, extended his thanks to the City for
purchasing the Brawner property. Mr. Leonhardi asked that the City consider creating a
citizen task force or advisory committee. Councilman Hawkins said a feasibility study to
consider the site for a performing arts center is in process.
Mayor Bacon said the City is excited about the acquisition of the Brawner property
although the process was unfortunate.
Jim Carter, Heritage at Vinings resident, expressed his appreciation to the City for
purchasing the Brawner site and ensuring the safety of the children and residents in the
Atlanta Road corridor.
Public Hearings:
t
(A)
653 Rosedale Drive - second accessory building
Howard Smith stated this variance request was tabled at the last meeting and that the
applicant, Stacy Hall, is requesting a variance to allow construction of an awning cover
for his recreation vehicle within the rear yard setback. Mayor Bacon stated that this is a
__ public hearing and asked for public comment. City Attorney Scott Cochran to those
wishing to speak.
Mr. Hall said he had a 35-foot motor home that needed a cover to protect it from debris
because he was no longer able to pull a tarp over it. Mr. Hall stated he has had a
recreation vehicle in his yard for the last 40 years with no neighbor complaints.
Councilman Lnenicka asked Mr. Hall ifhe had given any thought to color, or style. Mr.
Hall said it would be a commercial-type green metal awning with metal posts and that the
overall height will be 12' 8".
Gerry Cash of 3890 Redbud Court stated that she lives directly behind Mr. Hall and was
opposed to the variance because she felt the ordinances should be upheld. Ms. Cash
stated that the existing accessory building is oversized and that she would see a lot of this
structure from her home. Ms. Cash said her lot is shallow, and the awning would
probably be closer to her home than it would Mr. Hall's. Ms. Cash said she would not be
opposed to a structure that was more residential in looks, but still thought that the setback
would be too close to her property line.
Community Development Director Chris Miller said he had met with Mr. Hall and helped
him determine the turn radius he would need to make this structure fit into the back yard.
Mr. Miller stated that there is a very narrow path that he is able to use to get to the
parking pad, which requires the reduced setback.
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Councilman Wood asked Mr. Hall ifhe would consider an alternate type of structure. Mr.
Hall said the cost would be prohibitive. Councilman Wood said that historically council
was always concerned with input from adjoining neighbors who are affected by the
variance, and that Ms. Cash would still not be satisfied with a stipulation that the
structure would be removed when the home was sold.
August 6, 2001
2
Councilman Wood made a motion that the variance request of653 Roseda1e Drive for a
second accessory building be denied. Councilman Hawkins seconded the motion, which
carried 6-0.
(B) Ordinance amendment - annual inspection of single family residences used as
rental properties
Mr. Smith stated that this item was tabled from a previous meeting and that this
ordinance will establish an annual inspection program for rental single-family detached
residences. Mayor Bacon stated that this is a public hearing and asked for public
comment. Mr. Cochran administered the oath to those wishing to speak.
..."
Charlene Capilouto stated she had no problem with inspections and had been in favor of
inspections for some time. Ms. Capilouto stated that she objected to the $125 fee to cover
administrative and employee cost. Ms. Capilouto stated that instead of discriminating
against the landlords she proposed that the City have an ordinance that requires owners of
rental property be required to file a report with the City, stating where they live,
telephone number, name of mortgage company, insurance company, etc., and charge the
owners a minimum fee. Ms. Capilouto said a group of landlords in the area are coming
together to form a citizens group and if anyone is interested in joining that group they
should contact her.
Councilman Newcomb said the committee would continue to study this issue and come
back with a solution for this terrible problem and that all fees were fair. Councilman Ron
Newcomb made a motion to table the ordinance amendment for an annual inspection of
single family residences as rental property for an unspecified time, and Councilman
Cramer seconded the motion. Motion was approved 6-0.
(C) Annexation of property on Cooper Lake Road
Mr. Smith stated that P. W. Whitener has requested annexation of9.8 acres on Cooper
Lake Road located in Land Lot 477. Mayor Bacon stated that this is a public hearing and
asked for public opposition. There was none.
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Councilman Wood stated that the application meets all legal requirements and made a
motion to approve the annexation request ofP.W. Whitener for the 9.8 acres on Cooper
Lake Road to be made a part of Ward 7, effective September 1, 2001. Councilman
Cramer seconded the motion. Motion was approved 6-0.
(D) Rezoning request - 775 Church Street - from R-20 to Limited Commercial
Mr. Smith stated that Cindy and Associates is requesting rezoning ofthis .64 acre tract on
Church Street near South Cobb Drive for construction of a pre-school and day care
facility and that the existing residential structure will be utilized with a building addition
and some minor modifications. Garvis Sams represented the applicant. Mayor Bacon
stated that this is a public hearing and asked for public comment. There was none.
Councilman Cramer introduced Mr. Sams who stated that this tract of land is located on
the north side of Church Street, one parcel removed from South Cobb Drive and directly
contiguous and to the east of a parcel on South Cobb Drive and zoned General
Commercial. Mr. Sams stated that the property is also across Church Street from
Office/Institutional, Limited Commercial and Light Industrial, which include Faith
Christian Church, Shiloh Seventh Day Adventist Church, the City's aquatic center and a
funeral home. Ms. Smith is seeking rezoning to Limited Commercial for a Christian pre-
school and day care facility. They are also asking that the future land use map be changed
to place this within the neighborhood activity center category. Mr. Sams stated that Ms.
Smith has worked with staff and outlined a list of stipulations to the zoning, which both
applicant and City staff have agreed to. Mr. Sams said as a result of the last zoning
denial, some litigation commenced and that the applicant is prepared to dismiss that
action. Mr. Sams asked that council tonight simply follow the recommendation of the
Planning and Zoning Board and professional staff that the application be approved.
..."
August 6, 2001
3
Councilman Cramer asked when trash pickup is scheduled, and Mr. Sams said they
would agree that it be within ordinance requirements.
Councilman Newcomb asked Mr. Sams if it was his opinion that council could limit the
use of property under a particular zoning category. Mr. Sams said that if the applicant
agreed to the stipulation, they could make it a condition of the zoning, by acquiescence.
James Royal, a resident of Ward 5, said he was a member of Faith Christian Center and
travels the area and is opposed to the rezoning.
Ed Tompkins, 789 Church Street, said he objected to the zoning because this would be a
commercial establishment next door to him and felt it was an intrusion to his privacy and
his rights as a homeowner. Councilman Cramer asked if it would be possible for them to
limit the outdoor play to start no earlier than 8:00 or 8:30 a.m., and Ms. Smith said that it
was usually 10:00 a.m. before most of the children arrived and went outside to play. Mr.
Sams stated that one of the conditions agreed upon was submission and approval of a
landscape plan but they would go one step further and allow Mr. Tompkins to be a part of
that process.
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After further discussion, Councilman Cramer made a motion the zoning be approved with
the following stipulations:
1)
2)
3)
4)
5)
6)
...
7)
8)
9)
10)
If this property is sold, the zoning will revert back to residential.
Outdoor play is allowed after 8:30 a.m.
The number of students shall be governed by 35 square feet per child;
Except for the small addition shown on the site plan and minor rehabilitative
modifications and required retrofitting, utilization of the existing residential
structure located on the subject property.
Hours of operation will be from 7:00 a.m. until 6:30 p.m., Monday through
Friday
All lighting and security illumination shall be low intensity, environmental
type and subject to review and approval by the City's staff. All exterior
lighting shall be shielded, with direct illumination being confined within the
parameters of the subject property.
Subject to recommendations from the City of Smyrna Engineering
Department with respect to traffic/transportation issues.
Subj ect to the submission of a landscape plan and staff review and approval of
same during the Plan Review process.
Compliance with the City of Smyrna's Sign Ordinance, including the
utilization of ground based, monument style signage, which shall be
incorporated into and made a part of the landscape plan.
An agreement to exceed City of Smyrna Zoning Ordinance requirements with
respect to the minimum square footage provided per child.
Councilman Hawkins seconded the motion.
Councilman Newcomb stated that he supported this request.
Councilman Lnenicka stated that he was opposed to the rezoning because he is concerned
that the request will not preserve or enhance the neighborhood. Councilman Lnenicka
stated that he did not want the commercial zoning to encroach upon residential zoning.
Councilman Lnenicka stated that he has concerns about the traffic and parking lot.
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Motion was approved 5-1 with Councilman Lnenicka opposed.
Councilman Newcomb made a motion to suspend the rules to add an agenda item.
Councilman Cramer seconded the motion, which carried 6-0
Councilman Newcomb made a motion to add the following item to the agenda:
Land Use Change Request-775 Church Street-Low Density Residential to
Neighborhood Activity Center.
August 6, 2001
4
Councilman Cramer made a motion to approve amending the future land use map from
low density residential to neighborhood activity center, and Councilman Hawkins
seconded the motion. Motion was approved 5-1 with Councilman Lnenicka opposed.
(E) Abandonment of Hardin Road
Howard Smith stated that MDC Homes is the property owner on both sides of Hardin
Road, and they would like the right of way abandoned to become part of their
development.
Councilman Wood stated this is a short road off Camp Highland and that MDC has
acquired property on both sides. The property was recently rezoned for single-family
detached homes and town homes and that the street only goes into their development and
he could see no reason not to approve the request. Councilman Wood made a motion that
Hardin Road be abandoned and conveyed to MDC Homes. Councilman Cramer seconded
the motion, which carried 6-0.
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(F) Adoption of FY200 1 tax millage rate
Howard Smith stated the millage rate, which has been reduced in 10 of the last 11 years,
is proposed for 10.10. Mayor Bacon said this is a .35 mill reduction he did not think there
was any other government in this county to lower the millage rate by this great a number.
Mayor Bacon stated that although assessments have continued to go up, we have tried to
continue to lower the millage rate to lessen the impact on homeowners. Mayor Bacon
stated that this is a public hearing and asked for public comment. There was none.
Councilman Hawkins stated that cities or counties are not allowed to gain revenue due to
the reassessment of property. The City's overall revenue will grow this year by 11.4%
and 8.2% of that was due to real growth, with the remaining 3.2% due to reassessments.
The only way that the City could keep that part would be to advertise a public hearing for
a tax increase. Councilman Hawkins then made a motion the millage rate for 2001 be set
at 1 0.1 0, a reduction of .35 mills. Councilman Wood seconded the motion, which carried
6-0.
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(G) Rezoning request - Village Market area - from R-15 and General Commercial
to Central Business District
Howard Smith stated that GKJ Development LLC is proposing to rezone a city-owned
tract of land in Land Lots 521 and 522 for construction of a mixed-use development for a
mixed-use development consisting of approximately 14,000 square feet of restaurant
space, 28,000 square feet of retail use, 18,000 square feet of office space and 18
townhouses. Mr. Smith stated that the 18 townhouses will be located above retail
buildings along the north and south sides of West Spring Street and that their plans have
been reviewed by the Planning and Zoning Board, Downtown Development Authority,
Architectural Review Committee and citizens who have participated in the hearings.
Mayor Bacon stated that this is a public hearing and asked for public comment. There
was none.
Mr. Johnson said he was honored to be working with the City and the design team that
they put together. The basic proposal presented today is that of a mixed-use development,
including restaurants, retail, office and town homes, which will be developed and sold by
John Wieland. Mr. Johnson presented renderings of the proposed development and stated
construction of the first phase would begin in the fall.
....,
Mr. Johnson said they are also requesting variances from some of the overlay district
requirements as follows:
1. Front two buildings will be single story restaurant buildings fronting on
Atlanta Road with approximately 14,000 square feet with outdoor seating.
Each building will have a unique architectural feature at restaurant entrances,
constructed in primary brick on all four sides.
August 6, 2001
5
2. The next two building will have approximately 12,000 square feet of retail
space and residential 2 car garages on the ground level, with town homes on
the second and third floor. John Wieland will develop the town homes and
they are requesting a height variance from 35 feet to 50 feet to accommodate
the pitched roofs.
3.
The retail storefronts will vary in design, to create an old downtown look.
Each building will be primarily constructed in brick on all four sides, which
will vary from color to color. Some buildings will have balconies extending
over the sidewalks and others will have various awnings extending from the
building face.
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4. Windows and doors will be constructed and painted similar to an old town
construction.
5. The final two buildings will be a combination of retail and office space and
will be two story in size. Each building will contain approximately 18,000
square feet, constructed in brick on all four sides. They are requesting a
variance to allow a pitched roof of 3: 12, which will give a roof feature with a
more residential look.
6. The other variance on these two buildings is the stipulation that no building
can be closer than 12 feet of King Street. The ground floor will be further
away than 12 feet but as they extend the second floor to create a colonnade
they will encroach into the 12-foot setback.
7. The City will install landscaped and hardscaped areas as indicated in the
renderings.
8.
The proposed parking areas include parallel and angled parking, a variance
from the required 90-degree parking. All other parking areas will be behind
the primary buildings; those angled and parallel spaces will be in front of the
restaurant buildings and retail on the main boulevard.
...
9. Section 1.22(a) states that no building may exceed the height of adjacent
structures by more than one floor. A variance is requested because their plan
is for a one-story restaurant building next to a three story residential building.
10. All buildings will have standard shingled roofs as opposed to seam metal roof
systems as required in the overlay district, which will give a more residential
feel.
II. Doors in the retail space will not all be recessed; some will be recessed under
bay windows, some under balconies and others flat and that is a variation of
the overlay district.
12. Restaurant and office buildings will have a mansard roof as opposed to a
pitched roof to hide the HV AC units.
13. The proposed awnings will vary from space to space and will not be
contiguous from one end of the building to the other.
14.
In lieu of freestanding monument sign, they propose to use the wall enclosing
one of the patios to install tenant signage. A definite sign proposal will be
presented later for the project and tenant signage.
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15. A variance is also requested to allow a residential unit within 100 feet of a
restaurant.
August 6, 2001
6
16. The proposed renderings show double balconies over some of the units and
depending on preliminary interest from potential residential buyers, these
units may only have one full balcony.
Howard Smith stated out that these conditions just read from Mr. Johnson's August 6,
2001 letter (to be made a part of these minutes) must be maintained as part of this
project and only subject to change with permission of the Architectural Review
Committee, Planning and Zoning Board and Mayor and Council. Further, the July 11,
2001 letter addressed to the Planning and Zoning Commission (to be made a part of
these minutes) which deals with some modifications, some of which were referenced
tonight, are also conditions which will be maintained as an approved part of this
zoning, subject to be modified or changed with permission of Council at some later
date.
..,.
Mr. Johnson said they expect to complete construction by August 2002 and that the
current schedule anticipates that they will start construction in November.
Dan Fields with John Wieland Homes said there will be 16 town homes, with 1600 to
2000 square feet, some with balconies at the end of the building overlooking the park
between the two buildings.
Mr. Johnson said that the site plan presented tonight includes some cross parking
access to the adjacent property owner but he does not have a definitive agreement
with Thomas Enterprises, although they do have a conceptual agreement. Mr.
Johnson asked that the site plan be approved as is, with the stipulation that if they are
unable to resolve the parking issue they would remove those access points and
continue with the plan.
Councilman Scoggins made a motion to approve the rezoning request for the Village
Market from Rl5 and General Commercial to Central Business District with the
following stipulations:
1. Front two buildings will be single story restaurant buildings fronting on Atlanta
Road with approximately 14,000 square feet with outdoor seating. Each building
will have a unique architectural feature at restaurant entrances, constructed in
primary brick on all four sides.
2. The next two building will have approximately 12,000 square feet of retail space
and residential 2 car garages on the ground level, with town homes on the second
and third floor. John Wieland will develop the town homes and they are
requesting a height variance from 35 feet to 50 feet to accommodate the pitched
roofs.
3. The retail storefronts will vary in design, to create an old downtown look. Each
building will be primarily constructed in brick on all four sides, which will vary
from color to color. Some buildings will have balconies extending over the
sidewalks and others will have various awnings extending from the building face.
4. Windows and doors will be constructed and painted similar to an old town
constructi on.
5. The final two buildings will be a combination of retail and office space and will
be two story in size. Each building will contain approximately 18,000 square feet,
constructed in brick on all four sides. They are requesting a variance to allow a
pitched roof of 3: 12, which will give a roof feature with a more residential look.
6. The other variance on these two buildings is the stipulation that no building can
be closer than 12 feet of King Street. The ground floor will be further away than
12 feet but as they extend the second floor to create a colonnade they will
encroach into the 12-foot setback.
7. The City will install landscaped and hardscaped areas as indicated in the
renderings.
8. The proposed parking areas include parallel and angled parking, a variance from
the required 90-degree parking. All other parking areas will be behind the primary
buildings; those angled and parallel spaces will be in front of the restaurant
buildings and retail on the main boulevard.
--
...
August 6, 200 I
7
...
9. Section 1.22(a) states that no building may exceed the height of adjacent
structures by more than one floor. A variance is requested because their plan is for
a one-story restaurant building next to a three story residential building.
10. All buildings will have standard shingled roofs as opposed to seam metal roof
systems as required in the overlay district, which will give a more residential feel.
II. Doors in the retail space will not all be recessed; some will be recessed under bay
windows, some under balconies and others flat and that is a variation of the
overlay district.
12. Restaurant and office buildings will have a mansard roof as opposed to a pitched
roof to hide the HV AC units.
13. The proposed awnings will vary from space to space and will not be contiguous
from one end of the building to the other.
14. In lieu of freestanding monument sign, they propose to use the wall enclosing one
of the patios to install tenant signage. A definite sign proposal will be presented
later for the project and tenant signage.
IS. A variance is also requested to allow a residential unit within 100 feet of a
restaurant.
16. The proposed renderings show double balconies over some of the units and
depending on preliminary interest from potential residential buyers, these units
may only have one full balcony.
Councilman Scoggins also entered the art renderings of The Village Market into
record.
Deborah Straiter, a resident of Hughes Street said she was a little concerned with the
renderings, which do not show the actual dimensions of the buildings and was
concerned that they would be much larger than what is being shown. Councilman
Lnenicka pointed out that the original plan prepared by Mike Sizemore in the late
80's included a two story commercial building at the comer of King and Bank Street
and that the veteran's memorial proposed now for that site will provide a nice buffer
and preserve the site for open, green space.
....
(H)
Variance - 1206 Church Street - reduce east side yard setback from 10 to 6
feet
Howard Smith stated that Jim Payne is requesting a reduction on the east and west side
yard setbacks for this site for construction of a new home. There was no opposition.
Councilman Hawkins recognized Ms. Christine Stellar who was represented by Mr.
Payne. Councilman Hawkins said this is a vacant lot and Mr. Payne proposes to build a
new house with approximately 2200 square feet, in the low $200's. The lot is only 60 feet
wide and Mr. Payne needs to build 6 feet on the east and west side to accommodate the
house. Signatures have been obtained from the adjacent property owners stating they
have no objections to the variances.
Councilman Hawkins made a motion the variance to reduce the east side yard setback
from 10 feet to 6 feet be approved. Councilman Scoggins seconded the motion, which
carried 6-0.
(I) Variance - 1206 Church Street - reduce west side yard setback from 10 to 6
feet
%
...
Councilman Hawkins made a motion the variance to reduce the west side yard setback
from 10 feet to 6 feet be approved. Councilman Scoggins seconded the motion, which
carried 6-0.
(J) Variance - 4860 Clay Brooke Drive - reduce rear yard setback from 25 to 10
feet
Howard Smith stated Ryland Homes is requesting this variance at Woodland Brooke
Subdivision and that they are asking that the setback be reduced to 10 feet to
accommodate the particular home they are building. Mayor Bacon stated that this is a
August 6, 2001
8
public hearing and asked for public comment. Scott Cochran swore in the applicant and
those wishing to speak.
Dean Lamm with Ryland Homes said the original request was to reduce the setback to 10
feet but they have repositioned the house and now require only a 3-foot variance and that
consent forms were sent to the contiguous property owners and all but one owner has
signed.
Elizabeth Abede, owner of 4864 Clay Brooke Drive, stated that she was opposed to the
variance because it would be too close to her home. Councilman Wood explained that
only one corner of the house would encroach into the setback and not the entire house.
...,
Councilman Wood made a motion the variance request be tabled to August 20,2001 to
allow the developer time to meet with Ms. Abede. Councilman Lnenicka seconded the
motion, which carried 6-0.
Formal Business:
Nothing to report.
Commercial Building Permits:
(A) Venture Construction - Wendy's, 2380 South Cobb Drive
Venture Construction requested a building permit for construction of a 2956 square foot
restaurant at an estimated cost of $315,000. Councilman Cramer made a motion the
building permit be approved. Councilman Lnenicka seconded the motion, which carried
6-0.
Bid Awards:
(A) Kubota tractor for Parks Department
Councilman Wood made a motion to accept the low bid of$16,680.35 from Rhinehrt
Equipment Company. Councilman Cramer seconded the motion, which carried 6-0.
....,
(B) Tennis court resurfacing
Councilman Wood made a motion to accept the low bid meeting specifications of
$31,848.00 for resurfacing of Jonquil and Tolleson Parks. Councilman Cramer seconded
the motion, which carried 6-0.
(C) Aquatic treadmill
Councilman Wood made a motion to accept the low bid of$17,195.00 from Tru Med.
Councilman Cramer seconded the motion, which carried 6-0.
(D) Construction of Chuck Camp Park Phase II
Councilman Wood stated that Phase II of the park consists of one 200- foot lighted ball
field and a concession/restroom building similar in design to those found at Jonquil and
Cobb Parks. The low bidder was from Astra Group at $397,988.00. There is an add-on to
the bid, which we do not propose to accept because the City will provide that through
their own resources at a cost of $8,000.00. This project is to be funded from CDBG
funds, which also includes $43,988.00 funding from general contingency fund. Total
being $389,988.00. Councilman Wood made a motion to accept the low bid of
$397,988.00 from Astra Group. Councilman Cramer seconded the motion, which carried
6-0.
.....
CONSENT AGENDA:
(A) Approval of July 16, 2001 minutes.
(B) Authorize insurance provider settlement of Lucas vs. City of Smyrna and
Colonial Pipeline by authorizing Mayor to sign related documents.
August 6, 2001
9
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(1)
... (K)
(L)
(M)
(N)
Renewal of Telecommunications Management Services contract with Georgia
Municipal Association.
Approval of 200 1 CDBG award.
Approval to request bids for Phase I of Market Village construction.
Approval of Local Assistance Road Program Contract- LAU3l-853 1-49(067).
Approval to sell surplus computer equipment.
Approval to purchase 2 new Police Package Crown Vic vehicles.
Approval to purchase K-9 uniform vehicle.
Approval to use Council Chambers 08-25-01 from 8:30 a.m. to 11 :00 a.m. for
Cobb County Republican Party Meeting.
Approval to request bids for replacement of carpet and vinyl flooring at Fire
Station #4.
Approval to request bids for interior painting of Fire Station #4
Approval to transfer $43,988.00 from Contingency funds for Chuck Camp
Park Phase II construction.
Approval to reduce speed limit from 35 M.P.H. to 25 M.P.H. on Ridgecrest
road from Concord Road to South Cobb Drive.
Councilman Wood made a motion the consent agenda be approved. Councilman Cramer
seconded the motion, which carried 6-0
,
COMMITTEE REPORTS:
Council Newcomb thanked everyone for corning to the Ward Meeting last week and
stated that the Spring Road Linear Park will be completed so that fall plantings will
occur.
Councilman Hawkins reminded everyone of annual cookout for Forest Hills Horne
Owners Assoc. and Preservation Group at Tolleson Park at 6:30 p.m. this Saturday night.
Councilman Cramer stated that signage on Windy Hill and South Cobb was being
addressed.
...
Councilman Cramer encouraged the public to donate to the Veteran's Memorial Park.
Councilman Cramer thanked Ann Kirk and Mike Brown for their hard work on the
graffiti ordinance and enforcement.
Councilman Lnenicka stated that he was very proud of Mayor and Council's commitment
to the reduction of the millage rate by.3 5 mill, for passing the re-zoning of downtown
(after fourteen years of effort) and the purchase of the Brawner property.
Councilman Wood commented on the Annual Birthday Celebration and what a
wonderful crowd that evening. Councilman Wood recognized and thanked all
departments involved in organizing this function.
Mayor Bacon noted that Councilwoman Pritchett was not present due to the illness of her
father.
Mayor Bacon recognized and thanked several staff members involved in the Birthday
Celebration.
~ With no further business, meeting adjourned at 10:40.
August 6, 2001
/d~
A. MAX BACON, MAYOR
i\CK CRAMER, WARD 5
c~~o~~
10
~ &:~9AA
KELLIE BARBER, CITY CLERK
~~., JL
RON NEWCOMB, WARD 2
...,
~
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2001-05
Land Lot 341 1.365 acres
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 at least 60 percent of the land described in Exhibit "A"
attached hereto have requested that the said described] 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 application on March
l2.. 2001 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 a subsequent paragraph which includes the legal description of 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 19th day of
March, 2001.
fa&
A. Max Bacon, Mayor
Lt--
Scott A. Cochran, City Attorney
City of Smyrna
<f\~Pl-RQYl h'le, #~ \ - d~SS
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 477
Acres 9.73
2001-11
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 at least 60 percent of the land described in Exhibit "A" .
attached hereto have been notified of the City's desire that thcir property be anncxed into theVCity
of Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on
aftcr first providing notice as required by law; and
August 6: 2001
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into thc 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 mecting 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 hercby ordained that the Charter of
thc City of Smyrna be amended and the same is hereby amcndcd by adding to the description of
thc City Limits thc 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 6th
August , 2001.
day of
A. Max Bacon, Mayor
~Hl-~~AW
ellie M. Baroer, City Clerk
City of Smyrna
.../~~~
Sc6tt A. ochran, City Attorney
City of Smyrna
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2001-04
Land Lot 2659.311 acres
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 at least 60 percent of the land described in Exhibit "A"
attached hereto have requested that the said described] 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 application on March
l2.,. 2001 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 a subsequent paragraph which includes the legal description of 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 19th day of
March, 2001.
f~
----
A. Max Bacon, Mayor
~bL
'"
Candis Joiner,
City of Smyrna
~
Scott A. Cochran, City Attorney
City of Smyrna
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
r
Ordinance Number 2001-02
Land Lot 330 2.0 Acres
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 at least 60 percent of the land described in Exhibit "A"
attached hereto have requested that the said described] 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 application on March
~2001 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 a subsequent paragraph which includes the legal description of 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 19th day of
March, 2001.
~~
A. Max Bacon, Mayor
~ ~
Scott A. Cochran, City Attorney
City of Smyrna
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2001-12
Land Lot 333 and 334
Acres 2.61
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 at least 60 percent ofthe 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 5.2001
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 ORDAI).TED, 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 5th
November ,2001.
day of
y c::?:?:?-
A. Max Bacon, Mayor
ll~ QJ' 2 InJ\Q^ L-o/\
Kellie M. Barber, City Clerk
City of Smyrna
sob CIty AttOrney
City of Smyrna
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot. 692
Acres 3.40
2001-13
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 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
200 I after first providing notice as required by law; and
October 15.
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.
~~t~~AlNE~ ~;;~7~ City Council Oft:;;~ of
A. Max Bacon, Mayor
KJJiu'[h &uJ~~
Kellie M. Barber, City Clerk
City of Smyrna
J
. . , .-... ' . ~ '
,>,~~~1
" ~"~':.r,!. ~ .
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2001-01
Land Lot 330 1.2 Acres
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 at least 60 percent of the land described in Exhibit "A"
attached hereto have requested that the said described] 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 application on March
~2001 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 a subsequent paragraph which includes the legal description of 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 19th day of
March, 2001.
L~~
A. Max Bacon, Mayor
eOA~
Candis Joiner,
City of Smyrna
~Cjty Attorney
City of Smyrna
-..
_.~
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2001-15
Land Lots (see attached)
Island 6 - .87.2 acres
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 property be annexed into the City of Smyrna is an unincorporated
island as shown on said Exhibit A attached hereto; and
WHEREAS, the City of Smyrna held a public hearing on such application on
November 19, 2001. 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 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 as shown on Exhibit A attached hereto.
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 19th day of
November, 2001. y ~
-
A. Max Bacon, Mayor
~QQQ~! ~i~(
ellie Barber, CIty Clerk
City of Smyrna
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2001-03
Land Lots 329 & 330 .9490 acres
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 at least 60 percent of the land described in Exhibit" A"
attached hereto have requested that the said described] 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 application on March
l2.,. 2001 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 a subsequent paragraph which includes the legal description of 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 19th day of
March, 2001.
/K~
A. Max Bacon, Mayor
Ci1n~
<.
Candis Joiner,
City of Smyrna
J~
Scott A. Cochran, City Attorney
City of Smyrna