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October 21, 2002 Council Meeting October 21. 2002 ... 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, Executive Assistant Susan Drinnon, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Pastor Jim Moon, followed by the pledge to the nag. AGENDA CHANGES: There were none. CITIZENS INPUT: Mayor Bacon recognized Mr. Don Whitney, who provided information regarding community benefit events, and presented a plaque to the Mayor and Council members. Mr. Howard Martin presented a portrait of Coach Lattanzi to the Mayor and Council members. Mayor Bacon commented on Coach Lattanzi's high standards of character and patriotism and his contributions to the community. Mayor Bacon recognized Mr. Terry Johnson. who commented favorably on the Veterans Memorial dedication, discussed his candidacy for the State Senate, and asked those present for their support. Mayor Bacon recognized Mr. Rob Teilhet, who discussed his candidacy for the State House of Representatives, District 34, Post 2, and asked those present for their support. .. Mayor Bacon recognized Mr. Curt Johnston, who discussed his candidacy for reelection to the Cobb County Board of Education. and asked those present for their support. Mayor Bacon recognized Mr. Rich Golick, who discussed his candidacy for reelection to the State House of Representatives, and discussed an upcoming referendum regarding economic redevelopment and details of tax allocation districts. Mayor Bacon emphasized to those present that tax allocation district measures have no connection with tax increases on the property of individual homeowners. Mayor Bacon recognized Ms. Ginger Collins, who complimented the Mayor and Council members on the Veterans Memorial dedication ceremony, discussed her candidacy for the State Senate, and asked those present for their support. .. Mayor Bacon recognized Mr. Bill Lnenicka, who expressed appreciation to Doug Allen, Jude LeBlanc, Will Palmer, Rusty Littlejohn, Paul Littlejohn, Ron Davis, and Steve Ciaccio for their work on the Veterans Memorial, the staff of Carrabba's Restaurant for providing the luncheon on the day of the dedication ceremony, the Chic-Fil-A at Akers Mill Road and Publix Supermarket at East-West Connector for providing refreshments to the military personnel present at the dedication, Campbell High School ROTC, Fort McPherson Band, the Honor Guard, and the North Georgia Group, and Floral Creations for providing flowers. Mr. Lnenicka stated the Veterans Memorial Association will continue to take orders for commemorative pavers, and that next week an alphabetical list of names will be available at the Memorial site. Mr. Lnenicka stated that tree sponsorships for the Memorial site will be available soon. Mr. Lnenicka read an excerpt from the Conveyance of Memorial document, and expressed thanks to the Mayor and Council. Mayor Bacon commended the members of the Veterans Memorial Association for their efforts, and commented favorably on the Memorial and the dedication ceremony. Mayor Bacon expressed appreciation to Randy Sauder, Steve Thompson, Terry Johnson and Governor Barnes for their assistance with grants totaling $365,000, the officials of Cobb County for support in the amount of $140,000, and the Robert W. Woodruff Foundation for support in the amount of $100,000, and many others. Mayor Bacon recognized Mr. Curt Johnston, who stated that the Optimists Club will be having a benefit pancake breakfast on November 30 at the First United Methodist Church. October 2] , 2002 2 Mayor Bacon recognized Mr. Floyd Millis, residing at 1878 Wynridge Drive, who expressed views regarding TAD education. Council Member Hawkins stated that, in accordance with information provided by the City Attorney, it is his understanding that elected officials can provide information of an informative nature to the public concerning tax allocation district matters, but that no attempt should be made to influence the vote of any member of the electorate. Mr. Hawkins called upon Mr. Cochran for additional information, and Mr. Cochran stated elected officials should refrain from publicly trying to influence voters, but that it is permissible to disseminate information of a general factual nature. Mr. Cochran stated he reviewed the fact sheet of tax allocation district in formation distributed by the City of Smyrna, and that he believes the content is appropriate. Mr. Cochran stated that the City's elected officials have been conscientious about consulting him for advice about how to appropriately discuss tax allocation district matters in a public forum. ..., Mayor Bacon recognized Mr. Ron Davis, who expressed support for the Tax Allocation District measure scheduled for an upcoming referendum. MA YOR'S REPORT: (A) Touch Screen Voting Machine Demonstrations at City Hall Ms. Hiott provided details about training sessions for new voting equipment planned by the Cobb County Elections Board. Council Member Pritchett asked Ms. Hiott if it would be possible to have one of the new voting machines at the Community Center during the festival next Saturday, and Ms. Hiott stated she will check with the County about this request. Mayor Bacon introduced Mrs. Susan Drinnon to those present, and welcomed her to her new City staff position as Executive Assistant to the Mayor and Council. FORMAL BUSINESS: (A) Presentation of FY 2002 CAFR (Comprehensive Annual Financial Report) Mr. Wright introduced Mr. Rick Hartley from Anderson - Hunt, LLC, who presented the CAFR to those present. Council Member Wood asked Mr. Hartley if the information contained in the CAFR is an unqualified opinion, and Mr. Hartley answered in the affirmative. Council Member Wood asked Mr. Hartley how he would rate the quality of the City's financial statements, and Mr. Hartley stated they are excellent. Mayor Bacon commended Ms. Edgar and the Finance Department staff for their diligence. Mayor Bacon stated that, as a result of a recent bond rating trip to New York, the City's bond rating has been up rated by Standard and Poor from AA- to AA, and that this fact speaks favorably of the way Smyrna's government is administered. Mayor Bacon recognized Ms. Edgar, who expressed appreciation to Mr. Hartley and City Accounting Supervisor Mike Hickenbottom for their efforts. Ms. Edgar stated that Smyrna has received awards for the last fourteen years from the Georgia Finance Officers Association. ..., (B) Appointment of Replacement Member to the Planning and Zoning Board Mayor Bacon stated that Tom Harper has moved from Smyrna and resigned from the Planning and Zoning Board (PZB). Mayor Bacon asked that Michael Terry, residing at 3480 Pine Tree Drive, be appointed to PZB to replace Mr. Harper. Mayor Bacon stated Mr. Terry has been a member of the Growth Strategies Commission, and is committed to the community. MOTION: Council Member Hawkins made a motion to approve appointment of Michael Terry to the Smyrna Planning and Zoning Board, and the motion was seconded by Council Member Scoggins. Motion was approved 7 - o. PUBLIC HEARINGS: (A) Rezoning Request - 36.6 Acre Tract in Land Lots 55, 56, 613 and 684 - Cobb County R- 20 (SFR) and RM-8 (MFR) and City of Smyrna R- 15 (SFR) to TO-Conditional (Townhouse Development) - Eagle Real Estate Advisors ...., Mr. Wright stated the subject property was approved for rezoning by the County for condominium development with a density of 5.0 acres per acre on September 4, 200 I. Mr. Wright stated that once it was discovered that part of the parcel was in the city limits of Smyrna, the application was withdrawn. Mr. Wright stated that staff supports this rezoning request conditioned upon certain stipulations. October 21. 2002 3 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 Wood recognized Mr. Garvis Sams, the attorney representing Eagle Real Estate Advisors (EREA), and Mr. Brian Flint of EREA. Mr. Sams stated the applicant and owners are seeking rezoning from Cobb County R-20 (SFR) and RM-8 (MFR) and City of Smyrna R-15 (SFR) to TO-Conditional (Townhouse Development) to allow for the construction of 183 town homes at a density of 5 units per acre, which replicates the density approved for a 24 acre tract by Cobb County. Mr. Sams stated the townhomes will have a selling price in the $200,000 range, and will be consistent with architectural renderings provided. Mr. Sams stated that adding the additional acreage to the 24 acres already zoned and approved in Cobb County has enabled the developer to increase the open space, so that 17 acres are situated in an open space position. Mr. Sams stated this is 46% of the total of the total 36 acre tract. Mr. Sams stated that 14 of the 17 acres dedicatcd to open space, or 82% of that space, is developable, exclusive of nood plain. Mr. Sams stated that an open space easement in favor of the City will be granted. Council Member Wood asked Mr. Sams if the plan approved by Cobb County had included the open space specified in the City plan, and Mr. Sams answered that it did not. Council Member Wood asked if the County plan had specified condominiums, and Mr. Sams answered in the affirmative. Mr. Sams stated that none of the condominiums approved by the County could have been built within a 2/1 0 of a mile radius of the nearby Vulcan Chemical facility. Council Member Wood asked if the plan currently under consideration includes provisions for a larger buffer between the dwellings and the Vulcan Chemical facility, and Mr. Sams stated the City plan specifies a much larger buffer. Mayor Bacon asked Mr. Sams if it is correct that the plan under consideration limits the number of units with one-car garages to 25% of the total, and Mr. Sams answered in the affirmative. Mayor Bacon asked how much more two-car garage units will cost than one-car garage units, and Mr. Sams answered about $20,000. Mr. Sams stated that there is a stipulation that will prohibit use of garages for storage, and that covenants will be adopted by the mandatory homeowners association (HOA) which will specity limitations and prohibitions with respect to on-street parking. Mayor Bacon asked Mr. Miller at what stage the number of one-car garage units as opposed to two-car garage units will be determined, and Mr. Miller stated a site plan will detail the location of one-car units versus two-car units, and that checks will be made to ascertain if adequate parking will be available at the site. .. Mayor Bacon recognized Ms. Roberta Cook, residing at 5911 Graywood Circle, who commented favorably about EREA's plan for designing the subject development with a substantial amount of greenspace. Ms. Cook expressed concern about the future of the Kreenspace associated with EREA's plan. Ms. Cook stated she thinks it may be better for the City to have control over the undeveloped property in the development. Ms. Cook used visual aids and a narrative to give those present an overview of the affected area. Mayor Bacon recognized Ms. Cara Manis, who commented favorably about EREA's plan for designing the subject development with a substantial amount of greenspace. Ms. Manis asked the Mayor and Council to consider retaining control of the open space associated with the development. Ms. Manis discussed the hazards of living in the vicinity of a chemical plant. ... Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, who stated she has requested that a disaster plan be developed between Vulcan Chemical Company (VC) and Cobb County, but that no response to her request has been received. Ms. Barnes stated that Smyrna PZB approved the requested rezoning on August 18,2002 with a condition that all units have two-car garages. Mayor Bacon asked Chief Williams to comment on Ms. Barnes' question regarding a disaster plan. Council Member Wood stated that rezoning has been approved in Cobb County without significant green.~pace, and that the developer could proceed with construction without rezoning and annexation by the City of Smyrna. Ms. Barnes stated that she is asking for the best, and Council Member Wood replied that the City is trying to provide everyone the best, and that is the reason that so much effort has been expended to try to develop a plan with conditions favorable to the residents in the subject area. Council Member Wood stated that, as Mr. Sams pointed out, greenspace area can form a buffer between VC and the residences in the area. Chief Williams stated that Cobb County has an excellent disaster plan in place, and that the City of Smyrna also has a disaster plan in place, and that the two plans are coordinated. Chief WiIliams stated the Smyrna disaster plan was recently updated and approved by GEMA. Chief Williams stated that VC and a similar facility nearby are factored into the City's emergency planning. Ms. Barnes asked that the City disaster plan referred to by Chief Williams be made available for public inspection, and Mayor Bacon stated it is public information and accessible. Mayor Bacon asked Mr. Sams if there is any possibility owners of the Kreenspace property could somehow exploit the open space for commercial gain, and Mr. Sams stated the density of the proposed development was calculated with the Kreenspace included, and that stipulations of rezoning, including preservation of open space, must be complied with. Council Member October 21, 2002 4 Hawkins asked Mr. Sams about the possibility of title to the open space being held by the Cobb Land Trust, and Mr. Sams expressed the view that alternative title arrangements are no more effective for achieving certain objectives than conditions or stipulations are. Council Member Lnenicka asked Mr. Sams to define the benefits residents in the affected area can expect to realize from the proposed open space casement. Mr. Sams stated the open space can be used as a passive recreation area, and that an open space casement grants a perpetual easement from the owners to the City to maintain the property as open space as a condition of zoning. Council Member Lnenicka asked if the City will enforce the conditions of zoning, and Mr. Sams stated it is his understanding that the City will. Mr. Miller stated that staff approves the proposed plan. Council Member Wood asked Mr. Miller to read the stipulations for the requested rezoning: I. The development of the proposed residential townhouse community shall be limited to 183 units at an overall density of 5.0 units per acre. The minimum floor area of each unit will be 1,800 square feet. The following minimum setbacks and building separations shall be maintained: - Setbacks: Oakdale Road - 50' Nickajack Park Road - 50' South property line - 40' West Property line - 40' Building Separations: Front to front - 50' Front to side - 40' Side to side - 20' Side to rear - 30' Rear to rear - 50' 2. The development shall comply with the elevations presented by the applicant to the Planning and Zoning Board at its meeting on August 12, 2002. Four-sided brick elevations shall be used on each building adjacent to Oakdale Road. Brick shall be used on at least three sides of each remaining building (front and side). No portion of the buildings shall utilize 100% horizontal siding ..., 3. No more than 25% of the townhouse units may have a one-car garage. The remaining units must incorporate a two-car garage. The private declaration of covenants, conditions and rcstrictions shall prcclude the use of thc one car garages for storage if it prevents the use of the same space for parking purposes. 4. The developer shall install a right turn lane into the site from Oakdale Road with a minimum length of 50' per the recommendations in the traffic study submitted by the applicant. 5. A tree survey shall be provided by the applicant prior to the Council Meeting demonstrating the number of trees and caliper of each tree to be preserved in the tree save area. This plan shall preserve and protect existing specimen trees throughout the subject property to the greatest extent possible. 6. The Civil War trench lines which may traverse the property must be protected and preserved. This will be a condition of building permit approval. 7. Thc developmcnt shall provide pcdcstrian linkages to Niekajack Park via pathways through the open space and passive recreation areas. The developer shall also work with the City to establish an open space easement in favor of the HOA and the City for the open space portion of the site. This easement shall be recorded prior to the issuance of any building permits. ... 8. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development of 10 or more homes. A gazebo, or other public amenity appropriate for community meetings, shall be provided within the development. 9. The storm water detention plan shall be designed to create at least a 10% reduction in a 1 OO-year storm event. The City Engineer shall approve all plans. October 21. 2002 5 10. AtI retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. II. All utilities within the development shall be underground. 12. A strip of brick pavers or stamped concrete shall be installed on the street entrance from Oakdale Road for a minimum distance of20 feet. .. 13. The development of private streets shall conform to the City's standards for public right- of-ways. 14. Conveyance and donation of right-of-way so that 50' from the centerline of Oakdale Road can be achieved. 15. Conveyance and donation of right-of-way so that 30' from the centerline of Nickajack Park Road can be achieved. 16. The protective covenants will require all non-resident property owners to keep the Homeowners Association advised of the current address and phone numbers where they can be reached. The HOA documents shall prohibit the use of any unit in the development for rental purposes. 17. There shall be a landscaped front entrance, with monument, indicating the name of the development. 18. No dehris may he huried on any lot or common area. .. 19. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". 20. All yards and common areas are to he sodded, and landscaped. Irrigate as appropriate. 21. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 22. All internal streets shall have a sidewalk on one side. The developer shall continue the sidewalk on the south side of Nickajack Park Road within the extent of the property boundaries consistent wit the City's standards. 23. A grass buffer with a minimum width of 2' shall be provided between the back of curh and sidewalk. 24. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both along Oakdale Road for a minimum distance of 100'. The remainder of the frontage along Oakdale Road shall incorporate a landscape buffer with one tree every 45'. Additionally, the developer shall provide a minimum of 20' undisturbed buffer (except for the development entrance and sidewalk) along the frontages of streets outside the development. 25. A detailed entry plan for each entrance denoting all entry features shall be provided prior to the Council Meeting. ... 26. The developer shall enter into a restrictive covenant in favor of Cobb County regarding a 50' stream bank buffer on the subject property in order to accommodate the Nick~iack Creek Green Way Feasibility Study. 27. The private covenants for the subdivision shall include provisions prohibiting on-street parking. * Council Member Wood read four conditions shown in a staff report: October 21, 2002 6 . The percentage of one-car garage units will not exceed 25%, . The private declaration of covenants, conditions and restrictions shall preclude the use of the one-car garages for storage if it prevents the use of the same for parking purposes, . The portion of the site reserved for open space will be encumbered by an open space easement in favor of the City as a condition of building permit; and, . A gazebo, or other public amenity appropriate for community meetings, shall be provided within the devclopmcnt. Council Member Wood referred to a letter from Mr. Sams in which prohibition of on-street parking in the subject developmcnt is detailed, and Mr. Miller stated this condition can be incorporated into the stipulations as stipulation #27. * Council Member Wood asked Messrs. Sams and Flint if the specified stipulations are acceptable, and both answered in the affirmative. Mayor Bacon asked Mr. Sams about some parts of the content of a letter from Mr. Sams to Mr. Miller dated October 7, and Mr. Sams stated the City's stipulations will take precedence over any suggestions made in his correspondence. Council Membcr Cramer asked Mr. Sams what residents with numerous guests will do if parking in the street is restricted, and Mr. Sams stated there will be parking spaces earmarked for visitors at the proposed project. .- MOTION: Council Member Wood made a motion to approve a rezoning request for a 36.6 acre tract in Land Lots 55, 56, 613 and 684 from Cobb County R-20 (Single Family Residential) and RM-8 (Multi-Family Residential) and City of Smyrna R-15 (Single Family Residential) to TD- Conditional (Townhouse Development) for Eagle Real Estate Advisors, and the motion was seconded by Council Member Cramer. Council Member Wood stated the motion includes all stipulations discussed and agreed to. Council Member Lnenicka commended Mr. Sams, the owners and the developer for their diligence and cooperation in creating a plan acceptable to all concerned. Motion was approved 7 - O. (B) Land Use Change Request - 36.6 Acre Tract in Land Lots 55, 56, 613 and 684 - Low Density Residential to Medium Density Residential - Eagle Real Estate Advisors Council Member Wood stated the subject property in Cobb County has been approved for development as a Medium Density Residential use with 2.5 to 5 units per acre and that City guidelines for medium density residential use are similar. .- MOTION: Council Member Wood made a motion to approve a land use change request for a 36.6 acre tract in Land Lots 55, 56, 613 and 684 from Low Density Residential to Medium Density Residential for Eagle Real Estate Advisors, and the motion was seconded by Council Mcmbcr Cramcr. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Motion was approved 7 - O. (C) Approval of Application for Annexation - 24.450 Acre Tract - Land Lot 613, 17th District, 2nd Section, Cobb County, Georgia, Oakdale Road - Kevin Mendelsohn Mr. Wright stated that staff has reviewed the application and that no creation of islands or other problems are anticipated. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve City Ordinance 2002-15 for annexation of a 24.450 acre tract in Land Lot 613,171h District, 2nd Section, Cobb County, Georgia, Oakdale Road for Kevin Mendelsohn to become a part of Ward 7 of the City effective November I, 2002. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (D) Approval of Application for Annexation - 6.0 Acre Tract - Land Lot 55, 18th District, 2nd Section, Cobb County, Georgia, Oakdale Road - Thelma Merck ..... Mr. Wright stated that staff has reviewed the application and that no creation of islands or other problems are anticipated. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve City Ordinance 2002-14 for October 21. 2002 7 annexation of a 6.0 acre tract in Land Lot 55, 18th District, 2nd Section, Cobb County, Georgia, Oakdale Road for Thelma Merck to become a part of Ward 7 of the City effective November 1, 2002. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (E) Variance Request - Sign Exceeding Height Limitations - 1125 Concord Road - Exclusive Metro Mr. Wright stated the City Code limits the height offree-standing monument signs in the area of Concord Road to 6.' Mr. Wright stated the applicant is seeking to extend the height of a sign at the subject location to 8.5.' Mr. Wright stated the proposed sign will replace an existing pole sign, and that staff supports the request. ... Mayor Bacon recognized Messrs. James Drinkwater and George Scott and Mrs. Carol Scott. Council Member Ilawkins asked Mr. Drinkwater to explain his need for a variance. Mr. Drinkwater stated the existing pole sign is unsightly, and that he would like to have a more attractive sign installed at the subject location. Mr. Drinkwater stated the planned sign is 32 square feet overall and 8'6" in height, an overage above code limitations of2.5.' Mr. Drinkwater stated the proposed sign is a stone monument type which would match the building and be attractive. Mr. Drinkwater stated the existing pole sign, which is grandfathered, will be removed. Mr. Drinkwater stated the owners of adjacent properties have been contacted regarding the proposed sign, and that no opposition was found. MOTION: Council Member Hawkins made a motion to approve a variance request for a sign exceeding height limitations (8.5') for 1125 Concord Road for Exclusive Metro. The motion was seconded by Council Member Scoggins. Motion was approved 6 - O. (Council Member Newcomb was not present at the time of the vote) (F) Variance Request - Encroachment into Street Side Yard Setback - 3245 Dunn Street- Jason Scheidt - Mr. Wright stated the City Code calls for a minimum street yard setback of25' for properties located adjacent to a local street. Mr. Wright stated the applicant is requesting to add a sun room to the existing house which would result in a setback of 21.4.' Mr. Wright stated that staff supports the request provided that the building plans match the description provided with the variance application. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins asked Mr. Scheidt to explain his need for a variance. Mr. Scheidt stated the existing sun room is small and unattractive and appears to be a converted porch. Mr. Scheidt stated the proposed addition will result in a generally more attractive residence. Council Member Hawkins stated that the adjacent residents have been contacted about the proposed addition with no opposition encountered. MOTION: Council Member Hawkins made a motion to approve a variance for reduction in street yard setback from 25' to 21.4' for 3245 Dunn Street for Jason Scheidt provided that the building plans match the description provided with the variance application. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (G) Variance Request - Reduction in Side Property Setback - 2780 Fraser Street - Teresa Norsworthy Mr. Wright stated the Zoning Code requires that accessory structures be set back a minimum of 10' from the side and rear property lines. Mr. Wright stated the applicant is requesting that an existing structure 6' from the side property line be permitted. Mr. Wright stated staff supports the request provided the variance is limited to the current owner of the property. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. ... Council Member Hawkins asked Ms. Norsworthy to explain her need for a variance. Ms. Norsworthy stated that the accessory building has been on the property since 1984, and there were no known objections to the structure at the time of its installation. Council Member Hawkins asked Ms. Norsworthy if a sign regarding the variance request has been posted at the subject property and if adjacent neighbors have been contacted regarding the variance request, and Ms. Norsworthy answered in the affirmative. MOTION: Council Member Hawkins made a motion to approve a variance for a reduction in side yard setback to 6' for an accessory structure at 2780 Fraser Street for Teresa Norsworthy October 21, 2002 8 provided the variance is limitcd to the current owner of the property. Council Member Hawkins stated that sale or transfer of thc propcrty will necessitate removal of thc building or relocation consistent with thc Zoning Codc. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: Thcrc wcrc none. CONSENT AGENDA: (A) Approval of October 7,2002 minutes - (B) Bid Award #3-008, Purchase of Replacement Garbage Trucks (2) Five vendors were solicited for bids, three were received ranging from $259,920 to $274, 158. A ward of the bid to the lowest qualified bidder (NexTran Truck Center) in thc amount of $265,920 is rccommcndcd. (C) Bid Award #3-013, Rcplacement of 1510 LF of Sanitary Sewer Main on King Springs Road from Concord Road to Pinehurst Drive Nine vendors were solicited for bids with six responding with bids ranging from $96,015 to $152,050. A ward to low bidder Agua Environmental in the amount of $96,0 15 is recommended. (D) Bid Award #3-012 for Renovation of Tolleson Pool Five vendors wcrc solicitcd for bids, with thrcc rcsponding with bids ranging from $51,847 to $61, II O. Staff recommends award of this bid to low bidder Poolside, Inc. in the amount of $5 1,847. Council Membcr Hawkins made a motion to approve the consent agenda, and the motion was seconded by Council Member Wood. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Wood welcomed Mrs. Drinnon to the City staff, and commended Ms. Kirk for a recent award received for the Kccp Smyrna Bcautiful (KSB) program. - Council Member Lnenicka recognized Mr. Miller, who presented current permit statistics. Council Membcr Lncnicka statcd thc dcdication ceremony for the Veterans Memorial was a wondcrful evcnt, and that thc Mcmorial is a great asset to the City. Council Membcr Lnenicka stated Charter Communications recorded the dedication ceremony, and that a cable presentation of the ceremony is scheduled. Council Member Lnenicka stated he is very proud of his father for the leadership he has demonstrated throughout the Veterans Memorial project. Council Member Cramer recognized Ms. Kirk. Ms. Kirk stated she will be traveling to Washington, DC to receive the City's latest award for the Keep Smyrna Beautiful program. Ms. Kirk stated this latest award is yet another reflection of the citizens' support ofKSB, and that the award is really a community award. Ms. Kirk announced that a Recycling Appreciation Day is planned, and that board members will be on-site to meet citizens. Ms. Kirk reported that Mr. Frank Adams will be retiring on October 31, and that a reception is planned in his honor at the Community Center on October 30. Ms. Kirk reported that the recent Adopt-a-Mile event was well-attended and a success, and expressed appreciation to Mayor Bacon, Council Members Cramer, Hawkins and Newcomb, and others for their participation. Ms. Kirk reported that the rcccnt Rivers Alive cvcnt drcw approximately 80 voluntcers at two sites. lInd Ms. Kirk expressed appreciation to Metro Ambulance fur providing standby service iur the event. Ms. Kirk reported that the Georgia DOT recognized the South Cobb Drive Adopt-a-Mile volunteers with special tee-shirts and certificates for their consistent service over a period of twelve years. Council Member Cramer recognized Mr. Stokes, who reminded those present that the leaf vacuum program restarts on November 4. Council Member Cramer stated that commemorative pavers are still available for the Veterans Memorial. Council Member Cramer stated that the Veterans Memorial is a great asset to the City. -- Council Member Hawkins reminded those present that the City court now has screening equipment in place to check persons entering the chambers for weapons, and that it is a violation of State law to bring a weapon into a public building. October 21. 2002 9 Council Member Scoggins recognized Chief Hook, who reported that a speeding detection device was damaged by an unknown subject and part of its components were removed. Chief Hook provided information about current law enforcement activity in the City. Council Member Scoggins recognized Chief Williams, who reminded those present to take various safety precautions to help protect children during the upcoming Halloween festivities. Chief Williams stated he expects a cold winter this year, and advised those present that it is prudent to maintain some emergency stores at home. Chief Williams reminded everyone there is a outdoor burning ban in force in the City. Chief Williams congratulated firefighter John Elliott on his recent wedding. .. Council Member Newcomb recognized Mr. Corey, who welcomed Mrs. Drinnon to the City staff, and congratulated Ms. Kirk on the recent award for KSB. Mr. Corey provided details on . positions for which the City is presently recruiting, and upcoming training for use of the new voting machines. Mr. Corey expressed appreciation to everyone for their support of the recent Health Fair. Council Member Pritchett recognized Mr. Ciaccio, who provided details of the upcoming Halloween on the Green event. Mr. Ciaccio expressed appreciation to everyone for the positive reception the Veterans Memorial dedication ceremony received. Mr. Ciaccio stated the City has received the Region 5 GRPA award for its parks and recreation program. Council Member Pritchett recognized Mr. Seigler, who provided current statistics regarding use of City Library facilities and information about upcoming programs and events. Council Member Pritchett recognized Ms. Bennett, who provided details of upcoming events in the City, including the grand opening of the Market Village. Ms. Bennett stated that Key Lime, Inc. will be preparing a 70-foot pie for the Market Village event. Ms. Bennett stated that an ice sculpture will be displayed during this event. Council Member Pritchett stated the Veterans Memorial dedication ceremony was a great event, and that it was an honor to have so many notable leaders in attendance for the dedication. .. Mr. Wright stated that the recent Region 5 GRPA award, the award KSB recently received for being recognized as the best program of its type in the country, and the City's bond rating upgrade from AA- to AA are all indications that Smyrna has a very well-managed municipal government. Mr. Wright stated he is proud of the efforts put forth by City staff, and that the positive developments he mentioned are the results of sustained excellent leadership. SHOW CAUSE HEARING: (A) CITGONalue Mart - 3280 South Cobb Drive - Ravinder S. Randhawa, Agent Mr. Wright stated on September 20, 2002, Ida Faal-Seck was cited for sale of alcohol to an underage person at CITGONalue Mart (VM) at 3280 South Cobb Drive. Mr. Wright stated Ms. Faal-Seck also received an additional citation for not having an alcohol sales permit. Mr. Wright stated this action was in response to a specific complaint, and was not connected with any sting operation involving multiple locations. .. Ofc. Dobson stated the Smyrna Police Department (SPD) was responding to a specific complaint of sales of alcoholic beverages to underage persons at VM when Ms. Faal-Seck was cited. Ofc. Dobson stated that on September 20,2002, he began to watch VM. Ofc. Dobson stated that on the date of the incident, Ms. Faal-Seck sold one 22-ounce Ice House beer to Eliezer Santiago, a twenty year old male. Ofc. Dobson stated that Mr. Santiago was stopped at South Cobb Drive and Concord Road, and during the traffic stop it was learned Mr. Santiago was only twenty years of age and in possession of the beer. Ofc. Dobson stated Mr. Santiago was arrested for possession of the alcoholic beverage. Ofc. Dobson stated that at the time of the stop, Mr. Santiago was in the company of Jeremiah Taylor, also a male and twenty years of age. Ofc. Dobson stated that at the time of the stop, Mr. Taylor smelled of alcohol and stated he had consumed two beers earlier. Ofc. Dobson stated Mr. Taylor was arrested for possession of alcohol by consumption. Ofc. Dobson stated Messrs. Santiago and Taylor were transported to the SPD jail and booked in. Ofc. Dobson stated he went to VM and issued Ms. Faal-Seck a citation for sale of alcohol to an underage person. Ofc. Dobson stated he asked to see Ms. Faal-Seck's alcohol sales permit, and Ms. Faal-Seck stated she did not have it with her as she had left it at home. Ofc. Dobson stated Ms. Faal-Seck was released on a copy of charges at that time. Ofc. Dobson stated that inquiry at the SPD permit office disclosed that Ms. Faal-Seck did not have an alcohol sales permit. Ofc. Dobson stated he returned to VM and issued Ms. Faal-Seck a citation for selling alcohol without a permit. October 21, 2002 10 Council Member Hawkins recognized Mr. Bert Cohen, an attorney representing the license holder, and Mr. Ravinder Randhawa, the agent. Mr. Cohen statcd that Mr. Randhawa only had his license for about five months before this incident, and that Mr. Randhawa has no previous violations of this type in Smyrna. Mr. Cohen stated Mr. Randhawa also has a convenience store in Morrow, where Mr. Randhawa and his brother received a commendation from the State Revenue Department for being conscientious about avoiding this type of problem. Mr. Cohen stated that steps have been taken to prevent a recurrence of this type of mishap, including a eheck to make certain that all employees have proper permits. Mr. Cohen stated he has reviewed the pertinent City ordinances with VM employees, including the requirement to report attempted purchases by underage persons to the police within 24 hours of occurrence. Mr. Cohen stated he has also reviewed the range of penalties for sale of alcohol to underage persons with VM personnel. Mr. Cohen stated Mr. Randhawa and his family members are from India and are seeking U.S. citizenship, and wish to do the right thing. Mr. Cohen stated that Ms. Faal-Seck's employment at VM has been terminated. Mr. Randhawa apologized to the Mayor and Council members for the incident, and stated that steps are being taken to ensure this type of violation does not happen at his business again. Council Member Hawkins asked Mr. Randhawa if he understands that it is his responsibility as registered agent to ensure that all his employees are fingerprinted and have proper permits, and Mr. Randhawa answered in the affirmative. Council Member Hawkins asked Mr. Randhawa why Ms. Faal-Seck was selling alcohol without a permit, and Mr. Randhawa stated Ms. Faal-Seck was in training and was usually working with a licensed employee. Mr. Randhawa stated Ms. Faal-Seck stated at one point that she had obtained an alcohol sales permit. Council Member Hawkins asked Mr. Randhawa if all his current employees have permits and if he has actually seen the permits, and Mr. Randhawa answered yes. Mayor Bacon asked Mr. Randhawa if Ms. Faal-Seck had previously been in his employ, and Mr. Randhawa said no. Council Member Scoggins asked Mr. Randhawa how long he has had his license in Morrow, and Mr. Randhawa stated since 1999. Mayor Bacon read an except from the March 4, 2002 minutes from the Council meeting when Mr. Randhawa's alcohol sales license was approved and quoted a statement Mr. Randhawa made about his company's policy of requiring identification from all purchasers of alcoholic beverages. Mayor Bacon asked Mr. Randhawa if Ms. Faal-Seck had been instructed to check the identifications of all purchasers, and Mr. Randhawa answered in the affirmative. Mr. Randhawa stated there are numerous signs postcd at his business to rcmind his cmployces to check for identification before selling alcoholic beverages. Mayor Bacon asked Mr. Randhawa how often he and his brother are at his store, and Mr. Randhawa stated from 8:00 a.m. until 2:00 a.m. nearly every day. Mayor Bacon asked Mr. Randhawa where he resides, and Mr. Randhawa stated he lives in Mableton. Council Member Hawkins asked Mr. Ravinder Randhawa ifhe is a U.S. Citizen, and Mr. Randhawa answered in the affirmative. ...., ..... MOTION: Council Member Hawkins made a motion to move into executive session, and the motion was seconded by Council Member Newcomb. Motion was approved 7 - O. MOTION: Council Member Hawkins made a motion to adjourn from executive session, and the motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. Council Member Hawkins stated that this violation is egregious because the agent has had the license for only a few months, and because CITGON alue Mart was the subject of complaints of sales of alcoholic beverages to underage persons. Council Member Hawkins also stated the fact that there was an employee working on the premises without an alcohol sales permit is disturbing, and that it is the agent's responsibility to make certain all personnel have proper permits. MOTION: Council Member Hawkins made a motion to suspend the alcohol sales license of CITGON alue Mart at 3280 South Cobb Drive for a period of seven consecutive days beginning on tne current day at midnight, and to impose five years of Class I probation on CITGONalue Mart. The motion was seconded by Council Member Scoggins. Council Members Cramer and Lnenicka advised Mr. Randhawa that no alcoholic beverages on the premises ean be accessible during the suspension period. Ofc. Dobson stated that signs pertaining to alcoholic beverages must also be removed from the store during the suspension period. Council Member Newcomb reiterated the point that, in addition to the violation of sale of an alcoholic beverage to a minor in this case, there was also an employee working on the premises without an alcohol sales permit. Motion was approved 7 - O. .... CITIZENS INPUT: There was none. October 21. 2002 11 ADJOURNMENT: With no further business, the meeting was adjourned at 10:30 p.m. ... ~~VMfJD.~ SUSAN D. HIOTT, CITY CLERK MELLENY PRITCHETT, WARD 1 ~__JJ RON NEWCOMB, WARD 2 ~~~ BILL COG I ARD 3 ... ~~..0~ CHARLES PETE WOOD, WARD 7 ... ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number Land Lot 613 Acres 24.450 2002-15 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 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 2 L 2002 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 ofthe 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 21st October, 2002. A. Max Bacon, Mayor ~D.~ Susan D. Hiott, City Clerk City of Smyrna j~ Scott A. Cochran,Clty Attorney~ .... Ordinance 2002-15 EXHIBIT "A" ... All that tract or parcel of land lying and being in Land Lot 613 of the 1 ih District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: Beginning at the Land Lot comer common to Land Lots 54,55,612, and 613 (said point being a concrete monument found), said point being the true point of beginning. Thence from said point, NOO degrees 15' 40"E, a distance of 737.57 feet; thence S87 degrees 17' 47"E, a distance of 1248.79 feet to the point of curve of a non-tangent curve to the right, of which the radius point lies S03 degrees 26'10"W, a radial distance of547. feet; thence easterly along the arc, an arc distance of 139.42 feet, a chord bearing ofS79 degreesI6'30"E, and a chord of 139.04 feet; thence S71 degrees59'09"E, a distance of 243.55 feet; thence S24 degrees23 '33"E, a distance of 56.23 feet thence S26 degrees 22'50"W, a distance of 53.68 feet to a point of curve to the right having a radius of 1607.02 feet, a tangent length of 147.75 feet, an arc length of294.26 feet; a chord bearing of S31 degrees38'01"W and a chord distance of 294.26 feet; thence S36 degrees 53' 12"W, a distance of 136.51 feet to a point of curve to the right having a radius 2834.79 feet, a tangent length of 123.36 feet, an arc length of246.57 feet, a chord bearing ofS39 degrees22'42"W and chord distance of 246.49 feet; thence N50 degrees 45'01 "W, a distance of 77.37 feet; thence N88 degrees51 ' 45"W, a distance of 1166.02 feet to the point of beginning. Said tract containing 1,065,046 square feet, or 24.450 acres, more or less. .... -- ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number Land Lot 55 Acres 6.0 2002-14 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 October 21,2002 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. SO ORDAINED by the City Council of the City of Smyrna, this October, 2002. fi ... ~~ D.~ Susan D. Hiott, City Clerk City of Smyrna J..L Scott A. Cochran, Ci~e) City of Smyrna .... Ordinance 2002-14 EXHIBIT "A" All that tract or parcel ofland lying and being in Land Lot 55 of the 18th District, 2nd .. Section of Cobb County, Georgia and being more particularly described as follows: Beginning at a point marked by an iron pin located on the west land lot line of Land Lot 55,250 feet south of the northwest comer of Land Lot 55; thence running north 88 degrees 39 minutes 10 seconds east a distance of 1,062.1 feet to an iron pin located on the northwest right of way of Oakdale Road; thence running southwest along the northwest right of way of Oakdale Road an arc distance of 409.3 feet to an iron pin (having a tie line distance of south 36 degrees 40 minutes 08 seconds west a distance of 409 feet to an iron pin); thence continuing along the northwest right of way of Oakdalc Road south 31 degrees 33 minutes 29 seconds west a distance of 125 feet to an iron pin at the northeast side of a 30 foot drive easement; running thence in a northwesterly direction along the north side of said 30 foot drive easement 786 feet more or less to an iron pin on the west line of Land Lot 55; running thence north 1 degree, 33 minutes, 24 seconds west along the west land lot line of Land Lot 55 a distance of 184 feet to an iron pin and the point of the beginning. Said tract containing 6.0 acres, more or less. .. ... ~ AFFIDA VIT '-' Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, Mavor A. Max Bacon, who after being duly sworn, deposes and on oath states the following: (1) I was the presiding officer of a meeting of the Mayor and Council held on the 21 st day of October. 2002. (2) That it is my understanding that O.c.G.A. ~50-14-4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception (3) The subject matter of the closed meeting or closed portion of the meeting held on the 21st of October. 2002, which was closed for the purpose(s) of discussion of a legal matter as allowed by O.c.G.A., Title 50, chapter 14, was devoted to matters within those exceptions and as provided by law. (4) This affidavit is being executed for the purpose of complying with the mandate of O.c.G.A. g50-14-4(b) that such an affidavit be executed. This 21st day of October. 2002. '-' /~~ Mayor/Presiding Officer Sworn to and subscribed before me This 21st day of October. 2002. .....' - ..... ********************************************** * * * * * * * * * -* * ~ CONVEYANCE OF MEMORIAL : * * : THIS INDENTURE made and entered the 12" day of October, 2002, by and between : : VETERANS MEMORIAL ASSOCIATION OF SMYRNA, GEORGIA, INC, and CITY OF : * * * SMYRNA, a Georgia Municipal Corporation, * * * * * * WHEREAS, VETERANS MEMORIAL ASSOCIA TIO~ in league with the CITY OF * * * SMYRi~A have planned, designed and directed the construction of a Twentieth Cennuy Veterans \ K * ~ * "~ Memorial in honor of the Veterans of Cobb County who have served their countlY as member of * ~ * * its Armed Forces during the Twentieth Century AD.; and * * * ... WHEREAS, CITY OF SMYRNA through its governing authority has exhibited its * k * '...l: guidance, support and direction in association with the VETERANS MEMORIAL * ~ * * ASSOCIATION in plalUling the Memorial; and * * * * * * WHEREAS the Memorial is now complete and the VETERANS MEMORIAL * * * * ASSOCIATION OF SMYRNA, GEORGIA, INC., is desirous of conveying its interest in the * * * * Memorial to the CITY for its perpetual maintenance and care, and the CITY is desirous of * * * * accepting the responsibility "fthe Memorial: * * * k * , * NOW THEREFORE, by these presents THE VETERANS MEl\10RIAL* * * '-* ASSOCIATION OF SNIYRNA, GEORGIA, INC. by and through its Directors does hereby * * * * assign, convey and forever transfer all of its interest in and to, THE VETERANS MENIORIAL * * * * situated upon the Village Green, of the City of Smyrna, unto the CITY OF SMYRNA for its * * * ___* perpetual maintenance and care. * * * *********************************************** STATE OF GEORGIA .. * COUNTY OF COBB ********************************************** * * * * THE VETERANS MEMORIAL ASSOCIATION OF SMYRNA, GEORGIA, INC. by * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (Seal) * Director * * (Seal) * Director * * * * * * * * * * * * * * * * * ~ * *********************************************** ,,",' ~ ( and through its Directors extends its gratitude to the many supporters in its endeavor to fulfill the ~ * mission to construct the Memorial and particularly to the CITY OF SMYRNA for its guidance and support given during the endeavor of construction of the Memorial. .. * * * * * * * * * * * * This 12th day of October, 2002. By: VETERANS MEMORIAL ASSOCIATION OF SMYRNA, GEORGIA~ ~~ V . ~Seal) .....- Willi~ J. Lne~ . PreSIdent J~-€~ (~~) (Seal) James R. Davis Director (tY~E.~~ By: .... * * (Seal) William Brown Director BY:~ ~ ~'ddv7~lC,/ (Seal) ary. son DIrector By: (Se~) Director By: Ii< - ~ * * * * * * * * * * * By: By: J (" ( '-, * *