October 7, 2002 Council Meeting
October 7. 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, City Attorney Scott Cochran, Community Development Director Chris Miller, and
representatives of the press.
Invocation was given by Council Member Hawkins, followed by the pledge to the flag.
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CITIZENS INPUT/SPECIAL RECOGNITION:
Mayor Bacon recognized Mr. Curt Johnston, who introduced Ms. Barbara Jackson, Assistant
Principal Alicia White, and students from Griflin Middle School. The students presented the
character theme words for the month of October.
Mayor Bacon recognized Dr. Phil Gingrey, who discussed his candidacy for the U.S. Congress,
and asked those present for their support.
Mayor Bacon recognized Mr. David Garrison, who discussed his candidacy for the District 2,
Cobb County Board of Education post, nnd nsked those present for their support.
Mayor Bacon recognized Mr. Curt Johnston, who discussed his candidacy for reelection to the
District 2, Cobb County Ronrd of Educntion post, nnd nsked those present for their support.
Mayor Bacon recognized Mr. John Noel, who discussed his candidacy for the State House of
Representatives, and asked those present for their support. Mr. Noel also spoke on behalf of Mr.
Terry Johnson, a candidnte for the Stnte Sennte who could not be present.
Mayor Bacon recognized Mr. Bill Lnenickn, who provided detnils of the dedication ceremony for
the Veterans Memorial planned for October J 2.
Mayor Bacon recognized Mr. Floyd Millis, who expressed views regarding tax allocation districts.
...
Mayor Bacon recognized Mr. Jimmy Flnnngin, who expressed thanks to those persons who
supported his recent campnign for public office.
Mr. Wright stated a brochure contnining details about the Redevelopment Powers Act and an
upcoming vote pertnining to this matter has been published by the City nnd will be sent out in
citizens' wnter bills.
Mayor Bacon recognized Ms. Ginger Collins, who discussed her cnndidncy for the State Senate,
and asked those present for their support.
MAYOR'S REPORT:
Mayor Bacon reported thnt ngendn items #4F nnd #40 have been withdrnwn.
PUBLIC HEARINGS:
(A) Rezoning Request - )0.0 Acre Tract in Lnnd Lots 55, 50, 013 and oR4 - Cobb County R-
20 (SFR) and RM-R (MFR) and City of Smyrnn R-15 (SFR) to TO-Conditional
(Townhouse Development) - Engle Real Estate Advisors
Mayor Bacon stnted this is a public henring and nsked for public comment, nndthe oath was
administered to at lenst two persons by Mr. Cochran.
.,
Mayor Bacon recognized Mr. Gnrvis Sams, the nt10rney representing Engle Real Estate Advisors
(EREA). Mr. Sams provided detnils nbout n letter nrticlllnting EREA's ngreement to convey to the
City a recreation ensement. Mr. S11I11S suggested thnt tnbl ing the menslIre may be necessary to
allow more time to resolve ndditionnl detnils. Mr. Wood recognized Mr. Miller, nnd Mr. Miller
stated that placing this mntter in abeynnce for further review is ndvisnble. Mayor Bacon asked
Mr. Sams if tabling the rezoning request until n subsequent meeting would be acceptable, and Mr.
Sams answered in the nffirmative. Council Member Lnenicka expressed appreciation to Mr. Sams
for his efforts in resolving various questions regarding the rezoning.
Mayor Bacon recognized Ms. Mnry Rose Barnes, residing nt 4756 Oakdale Road, who stated that
two questions regarding the proposed rezoning were discussed nt the September meeting, i.e.,
October 7, 2002
2
whether two-car garages will be allowed and whether occupancy by owners will be required. Ms.
Barnes presented a petition which she stated was from some residents in the affected area setting
forth a request that the Council uphold the stipulations formulated 1'01' this rezoning by the
Planning and Zoning Board (PZB).
Mayor Bacon recognized Ms. Roberta Cook, residing at 59 II Graywood Circle, who stated that
greel1.\jH1Ce would make a nice balance to the park near the subject area. Ms. Cook commelH.led
EREA 1'01' earmarking 14 acrcs of land 1'01' use as greellspw;e. and presented a petition
from nearby residents requesting preservation of some undeveloped land in the affected area.
MOTION: Council Member Wood made a motion that item #4A, rezoning request for a 36.6 acre
tract in Land Lots 55, 56, 613 and 684 from Cobb County R-20 (SFR) and RM-8 (MFR) and City
of Smyrna R-15 (SFR) to TD-Conditional (Townhouse Development) for Eagle Real Estate
Advisors, be tabled unlilthe October 21,2002 Council meeting. The motion was seconded by
Council Member Cramer. Motion was approved 7 - O.
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(B) Land Use Change ReqLH.:st- 36.6 Acre Tract in Land Lots 55, 56, 613 and 684 -Low
Density Residential to Mediulll Density Residential - Eagle Real Estate Advisors
MOTION: Council Member Wood made a motion that item #4B, 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, be tabled until the October 21, 2002 Council
meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O.
(C) Approval of Application 1'01' Annexation - 24.450 Acre Tract - Land Lot 613, 171h District,
2nd Section, Cobb County, Georgia, Oakdale Road - Kevin Mendelsohn
MOTION: Council Melllber Wood nlUde a motion that item #4C, approval of application for
annexation 1'01' a 24.450 acre tract in Land Lot 613, l7'h District, 2ml Section, Cobb County,
Georgia, Oakdale Road lar Kevin Mcndelsolm, be tabled untilthc October 21,2002 Council
meeting. The motion was seconded by Council Member Cramer. Motion was approved 7 - O.
(D) Approval or Appl ication for Anlll.:xation - 6.0 Acn: Tract - Land Lot 55, 181h District, 2nd
Section, Cobb County, Georgia, Oakdalc Road - Thelma Merck
MOTION: Council Member Wood made a motion that item #4D, approval of application for
annexation 1'01' a 6.0 acre tract in Land Lot 55, 181h District, 2"d Section, Cobb County, Georgia,
Oakdale Road for Thelma Merck, be tabled unti I the October 21, 2002 Council meeting. The
motion was seconded by Council Member Lnenicka. Motion was approved 7 - O.
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(E) Approval of Application 1'01' Annexation - 2.2 Acre Tract - Land Lot 621, lih District, 2nd
Section, Cobb County, Georgia, South Cobb Drive - Herbert Ruddell
Mr. Wright stated the annexation 1'01' the subject property was approved at the September 3, 2002
Council meeting, but that review of the legal description of the property by the City Engineer
disclosed inaccuracies. Mr. Wright stated that the process of validation and advertising, using
cOlTected legal description inlartllation, is being repeated to ensure compliance with State
annexation law.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Lnenicka made a motion to approve the application for annexation
for a 2.2 acre tract in Land Lot 621, \71h District, 2nd Section, Cobb County, Georgia, South Cobb
Drive for Herbert Ruddell, to become part of Ward 6 effective November 1,2002. The motion was
seconded by Council Member Wood. Motion was approved 7 - O.
(F) Variance Request- Church not in Free-Standing Building in GC Zoned Area - 560
Windy Hill Road - New Testament Church, Inc.
Mayor Bacon stated that item 4F has been withdrawn at the applicant's request.
(G)
Approval of Application for Annexation- 1.1 Acre Tract- Land Lot 663, 171h District, 2nd
Section, Cobb County, Georgia, DavenpOlt Street - Gloria Aaron
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Mr. Wright stated that staff has reviewed this application for annexation, and determined that no
creation of islands or other problems will bc causcd by anncxation.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
October 7.2002
3
MOTION: Council Member Scoggins made a motion to approve the application for annexation
for a 1.1 acre tract in Land Lot 663, I 71h District, 2nd Section, Cobb County, Georgia, Davenport
Street for Gloria Aaron to become a part of Ward 3. The motion was seconded by Council
Member Newcomb. Motion was approved 7 - O.
(H) Rezoning Request -.77 Acre Tract from R-15 (SFR) to RAD Conditional - Land Lot 594
at Spring Street and Anderson Circle - Hatcher Homes, Jnc.
...
Mr. Wright stated the subject property is in a predominantly single-family residential area, and
that construction of three single-family home is proposed for the subject property. Mr. Wright
stated that the overall density for the site will be 3.8 units per acre, and that both staff and PZB
support the proposed rezoning subject to several conditions.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Scoggins commendcd Mr. Ed Hatcher for his efforts to provide improved
housing in areas of the City where it is needed. Mr. Hatcher provided a summary of the proposed
guidelines the three houses will be built in accordance to.
Council Member Scoggins read the following stipulations:
1. The development will maintain the following setbacks: Front - 25', Side - 5', Between
buildings - 15' and Rear - 20'
2. The final plat for the developmcnt shall include an additional dedication of 5' on both Spring
Street and Anderson Circle.
3. Each residence will be a minimum of2,OOO square feet in area and conform to the architectural
renderings provided to the Planning and Zoning Board at its September 9,2002 Meeting (see
attached).
4. There shall be protective covenants on all lots.
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5. Any necessary retcnt ion ponds sha II hc placed and scrccncd appropriately to he unobtrusive to
homes inside and outside the development.
6. All utilities within the development shall be underground.
7. The developer will comply with the City's current Iree ordinance and plans shall be submitted
to the city for rcvicw and comment prior to construct ion.
8. The protective covenants shall be supplied to the City prior to the issuance of a building permit.
9. No debris may be buried on any lot or common area.
10. All yards and common arcas are to he sodded, and landscaped. Irrigate as appropriate.
11. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect or a degreed horticulturist for common areas and entrances.
12. Each lot sha 1\ have the following trees replanted per lot either: four 3" cal iper trees or two 2"
caliper and two 4" caliper trees. The following species of trees may be used: Nuttall Oak,
Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if
approved by the City.
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13. Developer shall provide a minimum of20' undisturbed buffer along the frontages of streets
outside the development.
Jf for any reason, development and use of property approved in accordance with the procedure
outlined above cannot be accomplished, such plans shall not be altered, changed, or varied, except
after approval by the mayor and council. Whcn conditional zoning has been granted, but no
affirmative action to perform said conditions, or to obtain a building pcrmit subject to such
conditions [has been taken], and such status continues for 12 months after mayor and council
approval of such conditional zoning, the property shall revert to its original status prior to such
conditional zoning.
October 7, 2002
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MOTION: Council Member Scoggins made a motion to approve a rezoning request for a .77 acre
tract from R-15 (SFR) to RAD Conditional for Land Lot 594 at Spring Street and Anderson
Circle for Hatcher Homes, Inc. The motion was seconded by Council Member Newcomb.
Motion was approved 7 - O.
(I) Land Usc Changc Rcqucst - .77 Acrc Tract frolll Low Dcnsity Residential to Medium
Density Residcntial - Land Lot 594 at Spring Street and Anderson Circle - Hatcher
Homes, Inc.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council.Member Scoggins made a motion to approve a land use request for a .77 acre
tract from Low Density Rcsidentialtu Medium Density Residential at Land Lot 594 at Spring
Street and Anderson Circle /ar Hatcher Homcs, Inc. The motion was seconded by Council
Member Pritchett. Motion was approved 7 - O.
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(J) Variance Request - Reduction in Side Yard Setback - 1350 Roswell Strcet - Hatcher
Homes, Inc.
Mr. Wright stated thc rezoning to RAD Conditional/ur the subjcct property included a
requirement that all buildings maintain a minimum 10' side yard setback. Mr. Wright stated the
applicant proposes to reduce this setback to 8' to accommodate the type of home selected by a
prospective purchaser. Mr. Wright stated that staff supports the proposed variance provided the
applicant agrees to increase the front yard setback from 30' to 35'.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to at least une person by Mr. Cochran.
Mayor Bacon recognized Ms. Eileen Brown, residing at 1360 Roswell Street, who expressed
concerns about a reduction in distance between her residence and the proposed construction.
Council Member Scoggins asked Ms. Brown if she is opposcd to the proposed variance, and Ms.
Brown answered in the aninnative. Council Mcmber Cramer asked if any measures, such as a
landscape buffer, would possibly change her view, and Ms. Brown said no.
Mr. Hatcher stated a miscalculation was made when a particular size and type of house plan was
sold to a prospective buyer, and that this error has made a variance necessary. Mr. Hatcher stated
construction on the new house has not commenced because the variance has not been approved.
Mayor Bacon asked Ms. Brown if the front yard setback were increased to 35' ifit would make
the proposed variance more acceptable, and Ms. Brown stated it would. Mr. Miller stated the
surveyor and Mr. Hatcher could meet with Ms. Brown at the subject location so that Ms. Brown
can get a clearer view of the proposed placement of the new structure, and that the increase in
front yard setback can be incorporated into the variance.
....
MOTION: Council Member Scoggins made a motion to approve a variance request far a
reduction in side yard setback from 10' to 8' fur 1350 Roswell Street for Hatcher Homes, Inc.,
with the stipulation that the front yard setback be increased from 30' to 35'. The motion was
seconded by Council Member Hawkins. Motion was approved 7 - O.
(K) Variance Request - Reduction in Sign Setback - 767 Concord Road - Sue and Wendell
Dean
Mr. Wright stated the Zoning Code requires free-stalH.ling signs in overlay districts to be set back a
minimum of 15' from the right-of-way (ROW). Mr. Wright stated the applicant is requesting that
the setback be decreased to 9' from the ROW. Mr. Wright stated staff supports the proposed
variance provided the sign is consistent with the drawings furnished by the applicant.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Hawkins recognized Mr. Wendell Dean. Mr. Dean explained that if the sign
were to be installed according to the guidelines, the sign would be in the driveway of the subject
location and not visible from the street. Mr. Dean explained it may be necessary to reduce the
width of the proposed sign from 8' to 6'. Council Member Hawkins stated that a reduction in
sign width would be acceptable.
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MOTION: Council Member Hawkins made a motion to approve a variance request for a
reduction in sign setback for 767 Concord Road for Sue and Wendell Dean. Council Member
Hawkins stated the motion includes the stipulation that the sign be consistent with the drawings
October 7. 2002
5
furnished by the applicant, and that any deviation from the represented design will have to be
approved by Mr. Miller. The motion was seconded by Council Member Wood. Motion was
approved 7 - O.
(L) Variance Request - Allowance of Existing Storage Structure to Remain in Front Yard
Setback:" 1141 Berkley Drive - Aram Blankenship
Mr. Wright stated the Zoning Code prohibits accessory structures within the side yard setback, and
that an existing building is located within the side yard setback on the subject premises. Mr.
Wright stated staff does not recommend approval of the proposed variance.
..
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to at least one person by Mr. Cochran.
Council Member Wood asked Mr. Blankenship approximately how long the existing building has
been on the subject premises, and Mr. Blankenship answered three years. Council Member Wood
asked Mr. Blankenship ifhe had a permit for the building at the time it was placed at the subject
location. Mr. Blankenship stated he contacted the City of Marietta, and was advised by that agency
that his residence was in their jurisdiction and that it was permissible to install the building on his
property. Council Member Wood asked Mr. Blnnkenship to explain any hardship conditions
thought to be associated with the request, and Mr. Blankenship stated he is a carpenter and needs
the building for storage of tools. Council Member Wood asked Mr. Blankenship ifhe has
considered placing the building in his back yard, and Mr. Blankenship stated the driver who
delivered the building told him he could not take the building any farther back in the yard.
Mayor Bacon recognized Mr. Tom Scott, residing at I 122 Berkley Drive, who expressed concern
that approval of this variance would set a precedent which could lead to a proliferation of such
buildings, which he considers unsightly, in visible locations. Mr. Scott stated he is opposed to the
approval of the variance.
..
Council Member Wood asked Mr. Miller to provide background information on this variance
Request. Mr. Miller stated a marshal observed the shed at the subject location, and conducted a
check of records which disclosed the accessory building was not permitted. Mr. Miller stated Mr.
Blankenship was contacted by the City and advised a variance would need to be applied for.
Council Member Cramer asked Mr. Miller if the shed would be in complinnce with regulations
ifplnced in the back yard. Mr. Miller stated that the subject property is somewhat constrained by
a utility easement in the rear. Mr. Miller stated itmny bc possible to put the shed in the back yard,
but he is not certain. Mr. Miller stnted staffdoes not support the variance request because the
building is out ofchnracter with the rest ofthc neighborhood. Mr. Millcr also stated that approval
of the variance could set n precedent of putt ing accessory bu iJd i ngs in front yard sctbacks, wh ich
should not be encouraged.
MOTION: Council Member Wood made a motion to deny a variance request for allowance of
an existing storage structure to remain in the front yard setback for 1141 Berkley Drive for Aram
Blankenship. The motion was seconded by Council Member Cramer. Motion was approved 7 -
O.
(M) Variance Request - Reduction in Required Setbnck - 1529 Roswell Street - Belmont
Development
Mr. Wright stated the Zoning Code requires a 50' setbnck whcrc non-rcsidentinlly zoncd property
abuts residentially zoned property. Mr. Wright stated the applicnnt is requesting a reduction in
setback to 25', and thnt staff suppOl1S the request provided thnt nn nppropriate landscnpe buffer
is installed.
Mayor Bacon stated this is a public henring nnd nsked for public comment. There was none.
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Council Member Scoggins recognizcd Mr. Edllntchcr, who cxplnincd thnt thc proposed
commercial-use structure will be built to look like n residential structurc. Council Member
Scoggins thanked Mr. Hatchcr for demolishing two dilnpidnted structures which had been a
nuisance in the subject nren for some timc. Mr. IInlchcr statcd that thc existing setback restrictions
would limit construction on the propcrty nnd would likely rcsult in a structurc thnt is not properly
centered on the lot. Mr. Hatchcr statcd the varinnce, if approved, would rcsult in a streetscape
more consistent with the houses in the nren. Mr. I-Intcher stnted he had spoken to the owner of the
adjoining property at 1559 Roswell Street, Mr. Bill Cndle, on thc current date and that Mr. Cadle
stated he does not oppose thc vnrinnce.
October 7, 2002
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MOTION: Council Member Scoggins made a motion to approve a variance request for reduction
in required setback from 50' to 25' for 1529 Roswell Street for Belmont Development. The
motion was seconded by Council Mcmber Hawkins. Mayor Bacon statcd he also has spoken with
Mr. Cadle and that he believes Mr. Cadle is not in opposition to this variance. Motion was
approved 7 - O.
(N) Privilegc License Rcqucst - Taxi Service - Taxi Intemational, Ine. DBA International
Taxi - 765-13 Windy Ilill Road - Agcnt and Owncrship Change
Mr. Wright stated that inquiry by the Smyrna Police Dcpartment (SPD) disclosed no information
that would preclude issuance ofthc license, and that all other requircments for the issuance ofa
I iccnsc appear to have becn mct.
Council Member Cramer recognized Mr. Marco Meza. Mr. Meza stated he is the owner and
applicant. Council Member Cramer advised Mr. Meza that repair and maintenance work on
vehicles will not be allowed at the business location. Council Member Cramer advised Mr. Meza
that his place of business is near a residential area, and that his employees must be considcrate to
the residents in the area and not create any noise-related disturbance. Mr. Cramer stated these
instructions are stipulatiuns upon which approval of the privilege liccnsc will bc conditioned.
....,
MOTION: Council Member Cramer made a motion to approve a privilege license request for a
taxi service for Taxi Intemational, Inc. DBA International Taxi at 765-13 Windy Hill Road with an
agent and ownership change for Marco Meza, to include the stipulations given to Mr. Meza by
Council Member Cramer. The motion was seconded by Council Member Hawkins. Motion was
approved 7 - O.
(0) Privilege License Rcqucst - Limousine Service - I sl Choice Limousine Serviee - 4480
South Cobb Drivc, Suitc I U4 - New Applicatiun
Mayor Bacon stated this agenda item was withdrawn at the applicant's request.
(P) Privilege Liccnse Requcst- Bail13und 13usincss - E-Z Release 13ailBonding Co. - 1262
Concord Road - New Application
Mr. Wright statcd that inquiry by the Smyma Policc Department (SPD) disclosed no information
that would preclude issuance of this license, and that all other requirements for the issuance of a
license appear to have been met.
....,
Mayor 13acon stated this is a public hearing and asked lor public comment. There was none.
Council Member Hawkins recognizcd Ms. Elaine Eason, the applicant. Council Member Hawkins
asked Ms. Eason if she has experience in the bail bonding business, and Ms. Eason answered no.
Council Member Hawkins asked Ms. Eason if she is the business owner, and Ms. Eason answered
yes. Council Member Hawkins asked Ms. Eason if she has any employees, and Ms. Eason
answered no. Council Member Hawkins asked Ms. Eason if she has read the City ordinances
pertaining to bail bonding businesses, and Ms. Eason answered in the affirmative.
MOTION: Council Member Hawkins made a motion to approve a privilege license request for a
bail bond business for E-Z Release Bail Bonding Co. at 1262 Concord Road with Elaine Eason as
the owner and agent. The motion was seconded by Couneil Member Scoggins. Motion was
approved 7 - O.
(Q) Variance Request - Aecessory Structurc Above Allowcd Limit- 2570 Carolyn Drive-
John Penninger
Mr. Wright stated the Zoning Code limits the number of accessory structures to one per lot, and
that a free-standing carport and another strueture arc on the applicant's lot. Mr. Wright stated
staff supports the variance.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
....,
Council Member Pritchett recognized Mr. John Penninger and asked him if we was unaware he
had to obtain a permit for the accessory buildings on his lot, and Mr. Penninger answered in the
affirmative.
MOTiON: Council Member Pritchett made a motion to approve a variance request for an
accessory structure above the allowed limit for 2570 Carolyn Drive for John Penninger with the
condition that the variance will expire upon either transfer of ownership of the property or the
October 7.2002
7
death of both the joint owners, Mr. and Mrs. John Penninger. The motion was seconded by
Council Member Newcomb. Motion was approved 7 - O.
(R) Variance Request - Allowance of Structure in Side Property Line Setback - 2570 Carolyn
Drive - John Penninger
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
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MOTION: Council Member Pritchett made a motion to approve a variance request for allowance
ofa stmcture in the side property line setback for 2570 Carolyn Drive for John Penninger with the
condition that the variance will expire upon either transfer of ownership of the property or the
death of both the joint owners, Mr. and Mrs. John Penninger. The motion was seconded by
Council Member Newcomb. Motion was approved 7 - O.
FORMAL BUSYNESS:
(A) Appointment of Replncement Member to the Pnrks nnd Recreation Committee for Ward 3
Council Member Scoggins mnde a motion to appoint Ms. Rosie Malone to the Parks and
Recreation Committee for Wmd 3, and the motion was seconded by Council Member Hawkins.
Motion was approved 7 - O.
(B) Approvnl of Road Closures for thc Vetcmns Memorial Dedication Event
Mr. Wright stated thnt there me plans to close Bank Street from Village Walk to King Street, King
Street from Village Grecn Circle to Stcphcns Strcct, and thc King Strect cntrance to thc Village
Market for the Veterans Mcmorial dcdicntion evcnt on Octobcr 12. Mr. Wright stated the closures
will be necessnry for the vnrious activities plnnned.
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MOTION: Council Member Pritchett made n motion to npprove closure of Bank Street from
Village Walk to King Street, King Street from Village Green Circle to Stephens Street, and the
King Street entrance to the Village Market for the Veterans Memorial dedication event on October
12. The motion wns secondcd by Council Mcmbcr Wood. Motion was npproved 7 - O.
(C) Appointment of Mcmber tn Kccp Smyrna Bcautiful Commission
Council Member Cramer recognized Mr. Richard Pfeiffer, residing at 362 Hickory Acres Drive,
who stated he recently completed a Master of Science degree in planning from Georgia Institute of
Technology.
MOTION: Council Member Cramer madc a motion tn appoint Richard Pfciffer to thc Keep
Smyrna Beautiful Commission, and the motion was seconded by Council Member Lnenicka.
Motion was approved 7 - O.
(D) Certification of Results of the Civil Service 80nrd EJection
Mr. Wright stated a secret bnllot election for the public snfety depnrtment Civil Service Board
(CSB) seat was held on Septembcr 23,2002. Mr. Wright stllted Jimmy Flnnngin received the most
votes as a qunlified cnndidnte. Mr. Wright stlltcd the election rcsults hnve been certified by both
the Police and Fire Chiefs.
MOTION: Council Member Newcomb made n motion to approve the certification of results of
the Civil Service Board election with Jimmy Flanagin as the person elected to the open seat to
serve a term beginning Friday, September 27,2002 and ending Monday, September 27,2004.
The motion was seconded by Council Mcmbcr Ilawkins. Motion was approvcd 7 - O.
...
(E)
Appointment to Senior Advisory Committee
MOTION: Council Member Scoggins madc a motion to appoint Ms. Rosetta Campbell to the
Senior Advisory Committee, and the motion was seconded by Council Member Pritchett. Motion
was approved 7 - O.
COMMERCIAL BUILDING PERMITS:
There were none.
October 7, 2002
8
CONSENT AGENDA:
(A) Approval of September 16, 20U2 Minutes
(13) Bid Award #3-007, Replacement of 163 LF of 8" Sewcr Main - Clifton Road
Bids were requested li'om <) vendors with 3 responding, with bids ranging from
$12,116.40 to $2U,654.00. Award to low biddcr Butch Thompson Enterprises
($12,116.40) is recommended.
(C)
Bid A ward #3-004, Replacemcnt of 444 LF of 8" Scwer Main - San Fernando Drive and
Burbank Drive
Bids wcrc rcquestcd li'om 9 vendors with 4 responding, with bids ranging from
$34,632.00 to $57,810.80. A ward to low bidder K. M. Davis Contracting is
recommended ($34,632.00).
....
(D) Bid A ward #3-U03, Replacement of 490 LF of 8" Sewer Main - Recd Road and Rosedale
Drivc on Iloneysuckle Drive
Bids wcrc requested li'om <) vendors with 4 responding, with bids ranging from
$60,440.00 to $<JG,582.UO. Award to low bidder Southeast Pipe Survcy ($60,440.00) is
recommcnded.
(E) Approval to Extend No Parking Limits on Glcnroy Drive
It is proposed that the currcnt No Parking zonc on Glenroy Drive be extended from #1983
to between # 1991 and # 1999. Thcrc is a sharp curvc in this area that causes a safety
concern when cars are parkcd thcrc. Thc City Engincer has rcvicwed this matter and
rccommcnds approval.
(F) Approval to Adv<.:rtis<.: for th<.: Abamlonlllellt of a Portioll of Mavell Road
Ashton Atlanta Rcsidcntial, LLC has requested that approximately 386 linear feet of
Mavcll Road be aballdoned. This aballdonment would result in Mavcll Road ending at the
Silver Comet Trail. It would also climinate a grade crossing across the Silver Comet Trail.
Thc City Enginccr has rcvicwcd this requcst and rccommcnds approval.
(0)
13id A ward 113-UU5, Replac<':lIH;nt of S<.:wcr Maill 011 MClllorial Placc from Atlanta Road to
Church Street, and on Church Strcct from Memorial Placc to Reed Street
Bids were requestcd from 9 vendors with 5 responding, with bids ranging from
$106,519.35 to 232,092.60. Award to Southeast Pipe Survcy, the lowest bidder meeting
bid requirelllcllt spcci fications ($123,026.00), is recommcnded.
....
(I-I) Bid Award #3-UU9, Rcplaeement of Sallitary Sewcr 011 Ward Strcet from Campbell High
School, North 800 Fect
Bids wcre request<.:d from <) vcndors with 5 r<.:spondillg, with bids rangillg from
$51,714.00 to $118,340. ^ ward to Southeast Pipe Survey, thc lowcst bidder meeting bid
requirement specifications ($53,900.00), is recommended.
(I) Bid Award #3-010, Rcplaccmcnt of Scwcr Maill 011 Roswcll Street fi'om Windy Hill
Placc, 860 Feet East
Bids werc requestcd from 9 vendors with 5 rcsponding, with bids rangillg from
$70,720.00 to $155,812.0U. Award to low biddcr Southcast Pipe Survey ($70,720.00) is
recommended.
(J) Approval of Use of Council Chambers in Connection with the Veterans Memorial
Dedication Event
This request is contingency measure in case of inclement weather or security needs. City
Hall may be used as a staging area far military command staff, key City personnel, and
seated dignitaries attcndillg thc dedieatioll. City staff will be responsible for securing the
facility.
(K)
Bid Award #3-011, Construction of Baseball Field #2 at Chuck Camp Park
Six vendors were solicited for bids with three responding with bids ranging from
$49,995.00 to $58,460.00. Award of bid to Sports Turf Company, the lowest bidder to
meet bid requirements, in the amount of $54,764.00 is recommended.
...."
MOTION: Council Member Scoggins made a motion to approve the consent agenda, and the
motion was seconded by Council Member Wood. Motion was approved 7 - O.
October 7. 2002
9
COMMITTEE REPORTS:
Council Member Scoggins commended the Rose Garden - Davenport HOA for their recent
neighborhood festival. Council Member Scoggins started the festival was well organized and
enjoyed by those who attended.
Council Member Hawkins wished Mayor Bacon a happy birthday.
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Council Member Cramer urged everyone to attend the dedication event for the Veterans
Memorial.
Council Member Lnenicka commended the members of the Veterans Memorial Association for
their diligence in making the Veterans Memorial a reality.
Council Member Wood stated he is looking forward to the dedication event for the Veterans
Memorial.
CITIZENS INPUT:
There was none.
ADJOURNMENT:
With no further business, the meeting was adjourned at 9:45 p.m.
fi
qJ ,
u~O.~
. SUSAN D. HIOTT, CITY CLERK
A.MAXBACON,MAYOR
...
~'NM_
RON NEWCOMB, WARD 2
w~~
CHARLES PETE WOOD, WARD 7
..
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 621
Acres 2.2
2002-16
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 7,2002 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 of the City of Smyrna be amended to
show the annexation of said property.
October, 2002.
...
A. Max Bacon, Mayor
Su an D. Hiott, City Clerk
City of Smyrna
~
Scott A. Cochran, City Attorney
City of Smyrna
...
Ordinance 2002-16
EXHIBIT "A"
All that certain property situated and being in Land Lot 621 of the 1 th District and 2nd
Section of Cobb County, Georgia, and more particularly described as follows:
.. BEGINNING at the intersection of the southeastern right-of-way ofIvy Glen Drive with
the southwestern right-of-way of South Cobb Drive (SR 280), said point being the POINT
OF BEGINNING; thence southeasterly along said right-of-way of South Cobb Drive a
distance of 300 feet to a point; thence southwesterly a distance of 320 feet to a point;
thence northwesterly a distance of265 feet to a point on the southeastern right-of-way of
Ivy Glen Drive; thence northeasterly along said right-of-way ofIvy Glen Drive a distance
of 300 feet to the POINT OF BEGINNING. Said tract containing 2.2 acres, more or less.
..
..
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 663
Acres 1 .1
2002-18
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 ofthe City's desire that their property be annexed into the City
of Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on October 7, 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 ofthe citizens ofthe municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A. "
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
October, 2002.
SO ORDAINED by the City Council of the City of Smyrna, this 7th day of
/~~
..
A. Max Bacon, Mayor
.,:-~ !t .' '-.
(:V~uD.W~
. Susan D. Hiott, City Clerk
City of Smyrna
-J~
Scott A. Cochran, City Attorney
City of Smyrna
..
Ordinance 2002-18
Exhibit "A"
All that certain property situated and being in Land Lot 663 of the 1 ih District and 2nd
Section of Cobb County, Georgia, being in Parcel 7, and more particularly described as
follows:
BEGINNING at the common intersection of Land Lots 633, 634, 663, and 664, said point
... being the POINT OF BEGINNING; thence northerly along the common lot line of Land
Lots 634 and 663 a distance of 200 feet to a point; thence easterly a distance of 200 feet to
a point; thence southeasterly a distance of215.5 feet to a point on the common lot line of
Land Lots 663 and 664; thence westerly along the common lot lines of Land Lots 663 and
664 a distance of289 feet to the POINT OF BEGINNING. Said tract containing 1.1
acres, more or less.
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