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June 3, 2002 Council Meeting June 3, 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 Interim City Administrator Chris Corey, City Clerk Susan Hiott, Ann Kirk and Frank Adams from Keep Smyrna Beautiful, Finance Director Claudia Edgar, City Attorney Scott Cochran and representatives of the press. Invocation was given by Council Member Pete Wood, followed by the pledge to the flag. - CITIZENS INPUT/SPECIAL RECOGNITION: Mr. Corey recognized Council Member Jim Hawkins for twenty-five years of service as an elected official and Mayor Max Bacon for twenty-two years of service as an elected official and presented each of them with a Service Award. Mayor Bacon recognized Representative Rich Golick, who recognized Ms. Kirk and Mr. Adams, and read a Resolution Congratulating and Commending Keep Smyrna Beautiful (KSB). Representative Golick stated the Resolution, which recapitulates the accomplishmcnts of KSB, was approved unanimously by the State House. Mr. Adams expressed thanks to the citizens of Smyrna for their contributions to KSB's successes. Ms. Kirk expressed her appreciation to the KSB board members and the Mayor and Council for the leadership they provide to KSB, and thanked Representative Golick. Mayor Bacon recognized Commissioner Sam Olcns, who introduced himsclfto the audiencc, announced his candidacy for the post of County Chairman, and provided a summary of his qualifications and accomplishments. Commissioner Olens asked those present for their support. .... Mayor Bacon recognized Representative Ginger Collins, who complimented the Mayor and Council on the downtown revitalization projects. Representative Collins stated she has heard many favorable comments about the City's revitalization program from people associated with local government. Representative Collins stated she intends to run for the State Senate, and provided details as to why she would likc to be electcd to such a post. Reprcsentative Collins asked those present for their support. Mayor Bacon recognized Mr. Floyd Millis, who expressed dissatisfaction with services and administration provided by the City. PUBLIC HEARINGS: (A) Rezoning Request - 1.724 Acre Tract from R-20 (SFR) to RAD Conditional- Land Lot 477 Near Cooper Lake Road and King Springs Road - Old Cabin Trace Development, Inc. (OCTO) Mr. Corey stated that OCTO proposes to rezone a 1.724 acre tract in Land Lot 477 from R-20 (SFR) to RAD Conditional, and that the parcels are generally located at the north-west corner of Cooper Lake Road and King Springs Road. Mr. Corey stated the overall Cooper Lake Oaks Subdivision was approved without the subject parcels by the City in 200 I with an overall density of2.96 units per acre. Mr. Corey stated the subject zoning is being proposed to add three contiguous parcels to the subdivision which were not included in the original zoning. Mr. Corey stated that, if approved, the rezoning/zoning amendment would increase the number of single- family residences from 29 to 34 and that the overall density would increase slightly from 2.96 to 2.98 units per acre. Mr. Corey stated that, if approved, the development standards for both the parcels would remain unchanged when compared to the original Cooper Lake Oaks plan approved in 200 I. Mayor I3acon statcd that agenda itcm 3(13) is a zoning amcndmcnt request pertaining to the same acreage. - Mayor Bacon statcd 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 the owners of the subject propeliy, Mr. Tommy Sweet and Mr. Joe Dewberry, and asked them to explain the need for the rezoning. Mr. Dewberry stated a second parcel was acquired which made an additional five lots possible with only a small increase in density. Mr. S\veet stated that the proposed changes will enable OCTO to placc the sub- division entrance near another ncarby subdivision which he believes will provide results that are generally more satisfactory than what was proposed in the original plan. Mr. Sweet stated that the proposed changes will enable OCTO to place the detention pond in a location that will June 3. 2002 2 provide adequate drainage and that the lot sizes can be increased from 65' wide to 70' wide. Council Member Cramer asked if the proposed changes will impact on traffic safety, and Mr. Sweet stated that a deceleration lane will be added. Mayor Bacon recogn ized Mr. Curtis Dobbs residing at 4415 King Valley Road, who asked if all of the water in a pipe near his residence will go into the detention pond, and Mr. Sweet answered yes. Mr. Dobbs asked how high the wall near the pond will be, and Mr. Sweet advised it will be approximately 10' in height. Mr. Dobbs expressed the view that a nearby wooded area presently absorbs the water and that there have been no problems to date with the water. Mr. Dobbs stated that there is currently a spring near his property and asked if the proposed changes will dry up the spring, and Mr. Sweet stated that situation can be addressed with a French drain. Mr. Dobbs stated there is a large old oak tree on h is property and asked if the construction of the wall will affect the tree, and Mr. Sweet stated that the wall can be configured to go around the tree to avoid damage to it. Mr. Dobbs asked if large numbers of trees in the area will be cut down, and Mr. Sweet said that some will be removed along the shoulder of the road, but that removal of trees is expected to be minimal. - Mayor Bacon recognized Mr. Dan White, residing at Vinings Grove subdivision, who stated he would like to see sidewalks constructed in the area. Mr. White expressed concern about traffic conditions in the area which he considers potentially dangerous. Mr. White also expressed concern about the number of trees to be cut in connection with the proposed construction. Mr. Sweet advised that the deceleration lane planned should help ameliorate some of the traffic problems in the area, as well as improve visibility for left turns. Mr. Sweet stated that the road shoulder will need to be built up in order to build a deceleration lane, but that it is the intention of the builder to minimize removal of trees. Mr. Sweet stated there are no current plans to construct sidewalks along Cooper Lake Road. Mr. White expressed the view that sidewalks are needed, and that walking along the road may not be safe without them. Council Member Wood acknowledged that sidewalks are needed on Cooper Lake Road and other areas, and asked Mr. White how long a sidewalk would be needed in the area he is concerned about, and Mr. White advised that a stretch of sidewalk about a half mile in length would be needed in that area. Council Member Newcomb asked how much distance is between the back side of the curb and the wall that is planned, and Mr. Sweet estimated that the distance from the pavement edge to the property pin is 16 l'cet. Council Member Newcomb asked if there is sufficient space in the subject area to put in sidewalks, and Mr. Sweet answered in the affirmative. Mr. Sweet stated that construction of sidewalks could also entail removal of more trees. Council Member Hawkins asked approximately how many trees would be lost if sidewalks were to be installed, and Mr. Sweet advised he docs not know. Council Member Wood asked Messrs. Dewberry and Sweet if there are any possible financial incentives that could induce thcm to split the cost of sidewalk construction with the City, and Mr. Sweet statcd that if the plan for sidewalks on both sides of the road inside the subdivision were changed to just one side, he would be willing to provide sidewalks alongside the road outside the subdivision. Council Member Lnenicka stated he would support either a 50/50 split of the cost of sidewalks between the City and OCTO on Cooper Lake Road in the affected area or Mr. Sweet's suggestion of eliminating the sidewalks on one side of the road inside the development to offset the cost of sidcwalk construction by the developer. Mayor Bacon asked if such a sidewalk were to be built on Cooper Lake Road if it would conncct existing sidewalks, and Mr. Sweet answered that it would not. Mr. White statcd that even if the sidewalk did not connect with others, it could provide a link to three churches, the Silver Comet Trail, and Nickajack Elementary School. Council Member Hawkins expressed support of the suggestion for eliminating the sidewalks on one side of the road inside the development to offset the cost of sidewalk construction by the developer on Cooper Lake Road. ...., MOTION: Council Member Wood made a motion to approve the request by Old Cabin Traee Development, Inc., to rezone a 1.724 acre tract from R-20 (SFR) to RAD Conditional be approved with the following ..stipulations: The number of lots is to be limited to 34. The front yard setback shall be a minimum of22 feet from the back of the curb and 10 feet from the right-of-way. The side yard setback shall be 5 feet with a minimum of 15 feet between buildings. The rear yard setback shall be 20 feet. ~ Council Member Wood read the following stipulations into the minutes: 1. Protective covenants shall be provided for all lots with mandatory homeowners association. 2. Storm water detention shall be designed to create at least a 10% reduction in the 100 year storm event and the City Engineer shall approve all plans. June 3, 2(102 3 3. All detention ponds shall be placed and screened appropriately to be unobtrusive to homes insid~ and outside the development. 4. All utilities within the development shall be underground. 5. The developer shall comply with the City's current tree ordinance and plans shall be submitted to the City for review and comment prior to construction. l. 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. ~. Landscaped front entrance with monument sign indicating the name of the development and deceleration lanes shall be provided at the entrance as required by the City Engineer. 8. No debris may be buried on any lot or common area. 9. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. 10. All yards and common areas are to be sodded, and landscaped - irrigate as appropriate. II. 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 shall have four trees replanted per lot - 4 - 3" caliper or 2 - 2" and 2 - 4". The following species of trees may be used: Nuttall Oak, Allee Elm and Village Green Zelkova. Other species may be used if approved by the City. In the event that a 12" caliper or larger hardwood tree is saved on a lot, the replanting shall be waived. 13. All streets shall have a sidewalk on one side within the subdivision. The City will work with the developer to install a sidewalk on Cooper Lake Road in lieu of one of the sidewalks inside the development. 4. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. - 15. New homes adjacent to streets outside development sha II be (tHlr sided brick, stucco, stone or arch itectura I shakes. 16. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both along the frontage of the development. 17. Developer shall provide a minimum of 20' undisturbed buffer along the frontages of streets outside the development. 18. Developer shall provide at least 200 square feet of common space per lot that shall be controlled and maintained by the Homeowners Association. 19. Applicant will donate sufficient right of way on the north side of Cooper Lake Road to establish a minimum distance of 40' from the roadway ccnterline. 20. Applicant will be responsible for curb, gutter and sidewalks on both sides, along the deceleration lanes as required by the City Engineer. The motion was seconded by Council Member Hawkins. Motion was approved 7 - O. (B) Zoning Amendment Request - Inclusion of 1.724 Acre Tract into the Cooper Lake Oaks RAD Conditional Rezoning/Subdivision - Land Lot 477 Near Cooper Lake Road and King Springs Road - Old Cabin Trace Development, Inc. (OCTD) - Council Member Wood stated that a zoning amendment is needed to include the 1.724 acres of annexed property into the Cooper Lake Oaks RAD Conditional subdivision and that the plan needs to be amended to include this new property. MOTION: Council Member Wood made a motion to approve a zoning amendment request to include a 1.724 acre tract into the Cooper Lake Oaks RAD Conditional rezoning/subdivision at Land Lot 477 near Cooper lake Road and King Springs for Old Cabin Trace Development, Inc., and the motion was seconded by Council Member Hawkins. Motion was approved 7 - O. June 3, 2002 4 (C) Approval of Annexation of Property - Land Lot 477, I ih District, 2"0 Section, Cobb County, Georgia, Cooper Lake Road and King Springs Road - 1.724 Acres - Keith and Tracy Gantt Council Member Wood stated that the application for the subject annexation was validated at the May 6, 2002, Council meeting. MOTION: Council Member Wood made a motion to approve annexation of .165 acres more or less, .069 acres more or less and 1.49 acres more or less in Land Lot 477, 171h District, 2"0 Section, Cobb County, Georgia, near Cooper Lake Road and King Springs Road into Ward 7 of the City to be eJTecti vc July I, 2002, and the motion was seconded by Counci I Member Cramer. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Motion was approved 7 -0. - (D) Rezoning Request - 4.04 Acre tract from R-15 (SFR) to RAD Conditional- Land Lot 446, South- West Corner of Belmont Circle and Turner Drive - Capital City Partners Mayor Bacon stated that this application has been withdrawn without prejudice, and no further action was taken. (E) Land Use Change Request - Low Density to Medium Density Residential - Land Lot 446, South- West Corner of Belmont Circle and Turner Drive - Capital City Partners Mayor Bacon stated that this application has been withdrawn without prejudice, and no further action was taken. (F) Rezoning Request - 2.5 Acre Tract from R-20 (SFR) to TD-Conditional - Land Lots 476 and 533, North Side of E/W Connector Near Mavell Road and Siver Comet Trail - Ashton Atlanta Residential MOTION: Council Member Wood made a motion to table this rezoning request until the June 17, 2002 Council meeting, and the motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (G) Land Use Change Request - 2.5 Acre Tract li'OIl1 Low Density to Medium Density Residential - Land Lots 476 and 533, North Side of E/W Connector Near Mavell Road and Siver Comet Trail - Ashton Atlanta Residential - MOTION: Council Member Wood made a motion to table this land use change request until the June 17, 2002 Councilmecting, and the motion was seconded by Council Member Hawkins. Motion was approved 7 - O. (H) Variance Request - Increased Fence Height - 601 Bassett Court - Ramesh Kalyakaalva Mr. Corey stated the subject property contains a single-family residence at the intersection of Lynnhaven Lane and Bassett Court and is zoned RAD Conditional, and that the applicant has constructed a wood privacy fence wh ich exceeds the maximum height for fences by 9 inches. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins asked Mr. Kalyakaalva to provide details regarding the subject fence, and it was determined from the discussion with the applicant that the excessive fence height is in one section of the fence and is apparently the result of variation of ground elevation. MOTION: Council Member Hawkins made a motion to approve a variance for the side yard fence at 60 I Bassett Court for the last 16' section to be 4 '9" in height, and the motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (I) Variance Request - Oversized Accessory Building - 2590 Highland Avenue - Wayne Moody - Mr. Corey stated the subject property contains a single-family residence and is zoned R-15. Mr. Corey stated the owner would like to construct a new storage building to replace an existing storage building, ami that the new building is proposed to be 1,600 square /Cd in area. Mr. Corey stated this storage building is considered an accessory structure in the City's Zoning Code. Mayor Bacon stated this is a public hearing ancl asked for public comment. There was none. June 3. 2002 5 .. Council Member Scoggins asked Mr. Moody to provide a synopsis of his planned construction, and Mr. Moody stated that the existing building dates back to around] 930 and is functionally obsolete. Mr. Moody stated that the existing building is too close to the property line, and that he plans to correct this when he builds the new structure. Mr. Moody stated the planned building will be built of concrete block, and will be generally compatible with the surrounding area. Council Member Hawkins asked Mr. Moody if he will comply with proper setback requirements and Mr. Moody answered in the affirmative. Council Member Cramer asked Mr. Moody if the proposed structure will have running water and Mr. Moody answered in the affirmative. Council Member Scoggins noted that the proposed building exceeds the norm by 50%, and Mr. Moody acknowledged that to be correct. Council Member Scoggins asked Mr. Moody about the..side setback, and Mr. Moody explained that the existing building is within 6' of the property line, but the new building will be at least] 0' from the property line. Council Member Newcomb noted that staff supports the variance, but that there is a requirement for the building to be made of materials that compliment the other buildings in the area. Council Member Newcomb asked if a brick and wood building is proposed, and Mr. Moody responded that his plans are for a concrete block building. Mr. Moody asked if the term "compatible" in this case means an exact match or just compatible with the neighborhood, and Council Member Scoggins responded that his interpretation is just compatible with the neighborhood. Council Member Pritchett stated the compatibility should be to the principal residence. Council Member Newcomb stated that some flexibility on this point may be possible, but the intention of the stipulation is to have some degree of visual compatibility with the huildings instead of a stark contrast. Mr. Moody expressed the view that structures with certain siding materials could be less compatible than painted block. Mayor Bacon expressed the view that a painted block house is more attractive than aluminum siding. MOTION: Council Member Scoggins made a motion to approve a variance for a ] ,600 square feet accessory building for 2590 Highland ^venue with the stipulation that Mr. Moody consult with the Community Development Director to determine what materials will be visually compatible with the main residence. and the mot ion was seconded by Counci I MCI1l bcr Pritchett. Mot ion was approvcd 7 -0. (1) Rezoning Request - 10.06 Acre Tract from R-15 to RAD Conditional - Land Lot 488 Near Powder Springs Street - Jeffrey B. Freeman Developers, LLC - MOTION: Council Member Hawkins made a motion to table the rezoning request for a 10.06 acre tract from R-15 to R^D Conditional for Land Lot 488 near Powdcr Springs Street for Jeffrey 11. Freeman Developers, LLC until the JUIlC 17,2002 Council meeting, and the motion was seconded by Council Member Cramer. Council Member Hawkins stated the dcvelopcr will meet with rcsidents in the affected area this week Motion was approved 7 - O. (K) Land Use Change Request - 10.06 ^cre Tract (Tf3M - Land Lot 488 Ncar Powder Springs Street - Jeffrey B. Freeman Developers, LLC MOTION: Council Member Hawkins made a motion to table the land use change request for a 10.06 acre tract for Land Lot 488 near Powder Springs Street for Jeffrey B. Freeman Developers, LLC until the June 17, 2002 Council meeting, and the motion was seconded by Council Member Cramer. Council Member Hawkins stated the developer will meet with residents in the affected area this week. Motion was approved 7 - O. (L) Public Hearing Notice for FY 2003 Budget Mr. Corey stated that a publ ic notice mllst be given to the citizcns stating that the FY 2003 proposed budget of $42,253,422 is available for review before its adoption. Mr. Corey stated that the notice must also state that the proposed budget will be presented for adoption at a public hearing on June 17, 2002. Mr. Corey stated that this will be advertised in the May 20 and May 27, 2002 Marietta Daily Journal. Council Member Wood advised Ms. Edgar is present for any questions. Council Member Wood stated the fiscal year will begin on July 1,2002 and end JUIlC 30, 2003. Council Member Wood statcd - a copy of the proposed budget will be available for public inspection at the Finance Department and at the City Clerk's office at City Hall, and that the budget will bc presented for adoption at the June 17, 2002 Council meeting. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood stated that the proposed budgct is a balanced one. (M) Rezoning Request - 2.42 Acre Tract from Office Distribution to General Commercial - Land Lot 379 on Ask-Kay Drive Near South Cobb Drive - The Universal Church June 3, 2002 6 Mayor Bacon recognized Tim Minors from the Universal Church, who requested that the application be withdrawn without prcjudice. Mayor Bacon asked Mr. Minors if written notification of thc withdrawal had been made, and Mr. Minors answered in the affirmative. No further action was taken. (N) Zoning Ordinance Amcndmcnt - Flea Markcts MOTION: Council Membcr Lncnicka statcd that thc subjcct ordinance necds further rcvicw, and madc a motion to table it until the June 17,2002 Councilmecting. Motion was scconded by Council Membcr Cramer. Motion was approved 7 - O. FORMAL BUSINESS: -- (A) Appo intment of City Adm in istrator Mr. Corey stated that Wayne Wright of Powder Springs has accepted the position of City Administrator for the City of Smyrna. Mr. Corey stated that Mr. Wright has been the City Manager of Powder Springs sincc July 1993, and was also thc City Administrator for Garden City from October 1987 to July 1993. Mr. Corey stated that Mr. Wright has a Master of Public Administration from UNC at Chapel Hill, and a Bachclor of Science in Urban Government from GSU. Mr. Corey stated that Mr. Wright has cxtensive experiencc in the field of municipal government, and it is believed his qualifications and cxperience are well-suited to his new post with the City of Smyrna. Mr. Corey stated that Mr. Wright will start work on of June 10,2002. MOTION: Council Member Wood made a motion to appoint Wayne Wright as City Administrator for the City of Smyrna with a start date of JUIH.: 10, 2002, and the motion was seconded by Council Membcr Lncnicka. Motion was approved 7 - O. (B) Approval of Employment Agreement for City Adm inistrator Mr. Corcy stated the agreement sets forth the terms of Mr. Wright's compensation. Council Member Wood stated the agrecment sets forth specifics of Mr. Wright's employment and compensation, and is available for public inspection at City Ilall. MOTION: Council Member Wood made a motion to approve the Employment Agreement between the City and Wayne Wright, and the motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. -- (C) Appointment of City Clerk Mr. Corey stated that Susan Iliott has a Master of Business Administration from Kennesaw State University and a Bachelor of Science in Business Administration from North Carolina Wesleyan College. Mr. Corey stated that Ms. Hiott has completed the rcquircmcnts for Ccrtified Municipal Clerk through the Carl Vinson Institute at UGA, and from the International Institutc of Municipal Clerks. Mr. Corey stated that Ms. Hiott has previous experience as a City Clerk at the cities of Roswell and Acworth, and is also a farmer cmployee of the City of Smyrna. tvIr. Corey stated it is believed Ms. Hiott's qualifications and experience are well-suited to her new post. MOTION: Council Member Wood made a motion to appoint Susan Hiott as City Clerk for the City of Smyrna, and the motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (D) Approval of Resolution for Emergency 9 I I Service Mr. Corey stated that on May 21, 200 I, the Mayor and Counci I passed a resolution "Emergency Telephone Number 911" which slated the Cily would collect a $1.50 monlhly ke far emergency 9 I I service. Mr. Corey stated this fee is needed to suppOli the enhanced 9 I I system and that the reaffirmation by resolution of the need to collect this fee is up for renewal. Council Member Scoggins read the Resolution. -- MOTION: Council Member Scoggins made a motion to approve the Resolution for Emergency 911 Service, and the motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (E) Approve Renewal of Suntrust Corporate Resolution and Certificate of Incumbency l'or the Commercial Credit Card Account Mr. Corey stated the City corporate credit card agreement should be renewed and extended and reflect inf'ormation pertinent to the current authorized custodian, which will be City Clerk Susan Hiott. June 3. 2002 7 MOTION: Council Member Wood made a motion to approve the Suntrust corporate resolution and certificate of incumbency with City Clerk Susan Hiott as the authorized cLlstodian, and the motion was seconded by Council Member Cramer. Motion was approved 7 - O. (F) Appointment ofReplaccmcnt Mcmbcr to the Planning and Zoning Board (PZB) Council Member Cramer stated that Mr. Hal Sahlman has resigned his position on the PZB because he has relocated out of Ward 5. MOTION: Council Member Cramer made a motion to appoint Mr" Randy Rink to the Planning and Zoning Board to fill the vacancy, and the motion was seconded by Council Member Wood. Motion - was approved 7 - o. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Award of Bid# 2-024, replacemcnt of Dump Truck Unit 5 for Public Works Department Mr. Corey stated the Public Works Department requested bids for the replacement of dump truck Unit# 5, and that the truck being replaced will be auctioned. Mr. Corey stated that bids were received from Family Ford, Alan Virgil Ford, Lou Sobh Ford, and Parkway Ford, and that Public Works and Purchasing have reviewed the bids and recommended award of the bid to the low bidder Parkway Ford in the amount of$56,320. MOTION: Council Member Cramer made a motion to award BicW 2-024 to the low bickleI' Parkway Ford in the amount of $56,320, and the motion was seconded by Council Member Wood. Motion was approved 7 - O. (B) Award ofBid# 2-025, replacement of Dump Truck Unit 16 for Public Works Department Mr. Corey stated the Public Works Depnr1mcnt requested bids for the rcplacement of landscape dump - truck Unit# 16, and that thc truck heing replaccd will bc auclioncd. Mr. Corcy stalcd that bids wcre received from Bremen Motors Ford, Family Ford, Alan Virgil Ford, Lou Sobh Ford, and Parkway Ford, and that Public Works and Purchasing have reviewed the bids and recommended award of the bid to the low bidder Parkway Ford in the amount of$45,985. MOTION: Council Member Cramer made a motion to award Bid# 2-025 to the low bidder Parkway Ford in the amount of$45,985, and the motion was seconded by Council Memher Wood. Motion was nppmvcd 7 -. O. (C) Award of Bid to Purchase I-1V AC Unit for Police Station by Public Works Department Mr. Corey stated the Public Works Building and Grounds Division requested bids for a replacement HV AC unit at the police station. Mr. Corey stated that there have been continued problems with the existing equipment and that the manufacturer is no longer in business, so replacement is necessary before a complete breakdown occurs. Mr. Corey stated that four reputable vendors were solicited for bids and three respondcd - Capital City Mcchanical Serviccs, Aircond Corporation, and./. R. Nichols Co., Inc. Mr. Corey stated that Public Works and Purchasing have reviewed the bids and recommend bid award to low bidder Aircond Corporation for $40,600. Mr. Corey stated the low bid is $30,000 under the original estimate. MOTION: Council Member Scoggins made a motion to approve award of the bid for a replacement HV AC system for the police station to Aircond Corporation in the amount of $40,600, and the motion was seconded by Council Member Cramer. Motion was approved 7 - O. - CONSENT AGENDA: (A) Approval of the May 20,2002, Minutes MOTION: Council Member Lnenicka made a motion to approve the consent agenda, and the motion was approved by Council Member Cramer. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Newcomb stated the Growth Strategies Commission will meet this Friday. June 3, 2002 8 Council Member Cramer rcported that the rccent Great Amcriean Clean-Up (GACU) was successful, and that he had the assistance of two City marshals during thc event. Council Membcr Cramer stated the next phase of GACU is planncd lor some time in thc next few wecks. Council Member Cramer rcported that thc dedication ccrcmony lor the Veterans Memorial is tcntatively planned for October 12. Council Mcmbcr Cramer cxpressed thanks to Mr. Olens lor attcnding thc mecting. SHOW CAUSE HEARINGS: (A) Show Cause Hearing - Alcoholic Bcverage Sales Violation - Howard's Deli - 652 Concord Road - Robcrt Howard Martin, Agent Mr. Corey stated that on March 22, 2002, officers of Smyrna Police Department conducted a compliance check in which a 19 year-old informant was able to purchase an alcoholic beverage at Howard's from employee Janetta J. Boccali. Mr. Corey stated that on May 16,2002, Ms. Boccali paid a fine through bond forfciture. - Mayor Bacon recognized Sgt. Joseph Bennett of the Smyrna Police Dcpartmcnt (SPD), who reported that on March 22, 2002, SPD officcrs, in cooperation with the Cobb Underage Drinking Task Force, conducted twelve underage alcohol compliance checks inside thc city limits of Smyrna. Sgt. Bennett stated that at around 2015 hours, Ofc. Dobson, along with a ninetcen year-old informant, entered Howard's Deli and went to the bar. Sgt. Bennctt stated that thc informant ordercd a Miller Lite beer and was served by the offender. Sgt. Bennett stated that the offender asked the informant for identification and the informant produced a Georgia licensc showing her age to be nineteen. Sgt. Bennett stated that the offender lookcd at the identification and then served her a beer. Sgt. Bennett stated that photographs of thc bcer werc takcn by ore. Turner. Sgt. Bennett stated that Lt. Zgonc issued thc offender citation II 1>S-O I 004 I()I" the charge uf sale of akohul to a minor. Sgt. Bcnnctt stated that the offender was rclcased on a copy of the charge with hcr court date being May 16,2002. Sgt. Bennett stated that the operation was monitored and recorded using an audio/video surveillance device. Council Mcmber Hawkins asked Sgt. Bennett if he was present at the incidcnt, and Sgt. Bennett advised hc was monitoring the audio/visual cquipment and that arc. Dobson was at the location with the informant. Mayor 13acon was asked if the compliance check locations arc chosen randomly, and arc. Dobson advised that different zones are periodically selected for checks. Council Member Hawkins asked both officers if they have ever conducted a check at Howard's, and both answered in the negative. Council Member Newcomb asked if the identification used by the informant is a Georgia driver's license, and Ofc. Dobson answered in the affirmative. Council Member Newcomb asked to see the license, and Ofc. Dobson answered that a copy of the license is in the file, but he did not bring a copy with him. Council Mcmbcr Newcomb asked if the identification used by the informant has any advisory printed on it to the ciTed that tlw bean:r is underage, and Ofc. Dobson stated he believes it does. Council Member Newcomb asked if the identification used by the informant is a valid Georgia drivcr's license, and Ofc. Dobson answered in the affirmative. Mayor Bacon asked arc. Dobson if the informant actually handed the driver's license to the offender, and Ofc. Dobson answered in the affirmative. Mayor Bacon asked Ofc. Dobson if the informant was seated at the bar, and Ofc. Dobson answered in the affirmative. - Council Member Hawkins asked Mr. Martin if he was present on the night of the incident, and Mr. Martin answered in the affirmative. Council Member Hawkins asked Mr. Martin if Ms. Boccali is still in his employ, and Mr. Martin said she is not. Council Member Hawkins asked Mr. Martin how long Ms. Boccali had been employed at Howard's at the time of the incident, and Mr. Martin stated she had been employed there about three months. Council Member Hawkins asked Mr. Martin if Ms. Boccali was a bartender, and Mr. Martin said yes. Council Member Hawkins asked Mr. Martin to explain what type of training he has in place for his employees to sell alcoholic beverages. Mr. Martin explained that employees are firSt trained to use the ordering system, and then they receive instruction on the rules for selling alcoholic beverages. Mr. Martin explained that employees arc trained to recognize patrons that have had too much to drink and to stop serving them alcohol, and how to identify customers entering the sto~e that may already have been drinking. Mr. Martin explained that ~mployees are trained to not serve a pitcher to one person and to not serve two drinks at one time to a single customer. Mr. MaI1in explained that the main focus of alcoholic beverage sales training is checking of identification before selling to customers to make certain they are not underage, and that the only accepted identification is a State driver's license with a photograph. Mr. Martin explained that the floor managers are tasked with the responsibility of reminding employees to check for identification. Mr. Martin explained that on the night or the incident, one of the floor managers actually observed the offender serving the informant, and when the informant was seen presenting what appeared to be identification, the manager assumed that satisfactory identification had been made. Mr. Martin explained that every effort is made to ensure that the servers at Howard's are trained and responsible. Council Member Hawkins asked Mr. Martin if he actually saw the - June 3, 2002 9 informant's identification at the time of the incident, and Mr. Martin said no. Mr. Martin explained that he had thought that Ms. Boccali would have done well in such a compliance check, because she is a mature individual with previous experience as a bartender. Council Member Hawkins asked Mr. Martin when Howard's was moved to its current location, and Mr. Martin said 1986. Council Member Hawkins asked Mr. Martin how long he has been in business, and Mr. Martin answered 38 years. Council Member Hawkins asked Mr. Martin if he has ever had a previous alcohol sales violation before in either Cobb County or in Smyrna, and Mr. Martin answered in the negative. Council Member Hawkins asked Mr. Martin if his business has ever been the subject of an alcohol sales compliance check, and Mr. Martin stated he does not know. Ofc. Dobson stated that if a compliance check is made and the establishment does not sell to the informant, Lt~Zgonc will introduce himself to the staff to compliment them for their diligence, and that the successful compliance check will be _ followed tip by a letter of commendntion to the business operator. orc. Dobson stated that he believes this has been the protocol since the inception orthe Underage Drinking Task Force. Council Member Scoggins commended Mr. Martin for his otherwise good record of compliance over a period of many years. Mr. Martin expressed frustration and regret over the incident, and reiterated his commitment to compliance with alcohol beverage sales regulations. Mr. Martin explained that he has many employees and does a large volume of business, and that it is difficult to monitor all sales activities despite his best efforts. Mr. Martin expressed the view that this mishap was an isolated incident, and that there is generally no serious problem of underage drinking at Howard's. Council Member Hawkins stated the penalty for a first violation specified in the City Code of Ordinances for sale of alcoholic beverages to a minor is 0 to 15 days of license suspension, and 5 years of Class I probation. Council Member Hawkins stated that, because of Mr. Martin's good record of compliance over a period of many years, he recommends 5 years of Class I probation with no license suspension for this first violation. MOTION: Council Member I tawkins made a motion to place Mr. Martin's alcoholic beverage sales license for Howard's on 5 years of Class t probation with no license suspension for this first violation, and the motion was seconded by Council Member Scoggins. Council Member Cramer stated that he regards sales of alcoholic beverages to minors as a serious matter because his mother was killed in a vehicle accident involving a person driving under the influence of alcohol. Council Member Cramer stated that he respects Mr. Martin, but package sales and poured sales of alcoholic beverages cannot be treated differently. Council Member Cramer - expressed the view that penalties for servers should be stricter. Council Mcmber Cramer statcd that he votes on these matters in a consistent way, and that he does not support dispositions without penalties. Council Member Hawkins expressed disagreement with Council Member Cramer's position that no penalty is being imposed because his motion calls for 5 years of Class I probation. Council Member Hawkins expressed the view that fairness requires that circumstances and a license holder's previous record be factored in to these decisions, and that each incident should be evaluated on an individual basis. Council Member Newcomb complimented Mr. Martin on the business he operates, but stated he bclieves that somc suspension pcnalty is appropriate for any violation and that he does not support the motion. Council Member Lnenicka commented favorably on Mr. Martin and his business, but stated he believes that some license suspension penalty is in order, and that he also does not support the motion. Council Member Newcomb stated that the operation is a joint undertaking with involvement by both the County and Smyrna authorities, and that he believes that the activities of the Task Force have impacted favorably on the City's OUt statistics. Council Member Hawkins stated that the motion stands, and that the penalty specified in the motion is commensurate with the magnitude of the violation. Mayor l3acon stated that the schedule of penalties for alcohol sales violations is set forth in thc adopted ordinance, and that the Council has the option to not suspend the license. The motion was approved 4 - 3, with Council Members Cramer, Lnenicka and Newcomb opposed. - Mr. Martin expressed the view that 5 years of Class I probation is a real punishment, because it ensures a penalty of license stlspension for a minimum of 15 days for any subsequent violations. Council Member Pritchett asked Mr. Martin how much in fincs Ms. Boccali paid, and Mr. Martin said it was $600. (B) Show Cause Hearing - Alcoholic Beverage Sales Violation - EI Reventon Restaurant - 3282 South Cobb Drive - Maria S. Diaz, Agent Mayor Bacon recognized Sgt. Joseph Bennett of the Smyrna Police Department (SPD), who reported that on March 22, 2002, SPD officers, in cooperation with the Cobb Underage Drinking Task Force, conducted twelve underage alcohol compliance checks inside the city limits of Smyrna. Sgt. Bennett stated that at around 1930 hours, Ofc. Dobson, along with a nineteen year-old informant, entered EI Reventon Restaurant and was seated at a table. Sgt. Bennett stated that the informant ordered a Miller Lite beer and was served by the offender. Sgt. Bennett stated that the offender failed to ask the June 3, 2002 10 informant for identification. Sgt. Bennett stated that photographs of the beer were taken by Ofc. Turner. Sgt. Bennett stated that Lt. Zgonc issued the offender citation # PS-O 1 002 for the charge of sale of alcohol to a minor with a courl date of May 16,2002. Sgt. Bcnnett stated that the operation was monitored and recorded using an audio/video surveillance devicc. Mayor Bacon asked how many of the twelve establishments checked failed to comply, and Sgt. Bennett stated he thought the numbcr was six. Mayor Bacon asked how many of the six asked for identification, and Ofc. Dobson stated he believes the number was two. Council Member Hawkins asked Ofc. Dobson if he was present at the incident, and Ofc. Dobson answered in the affirmative. Council Member Hawkins asked Ofc. Dobson it: as indicated in the report, the server failed to ask for identification, and ore. Dobson answered in the affirmative. Council Member Hawkins asked Ofc. Dobson if the alcoholic drink was served at a table, and Ote. Dobson answered in the affirmative. Council Member Hawkins asked Ote. Dobson if he and the informant were not at a bar, and Ofc. Dobson answered in the affirmative. Council Member Hawkins asked Ofc. Dobson if there was anyone else seated at the table besides Ofc. Dobson and the informant, and Ofc. Dobson answered no. Council Member Cramer asked Ofc. Dobson if the same informant and identification were used at all the locations checked, and Ofc. Dobson answered in the affirmative. Council Member Hawkins recognized Angel and Lillian Cardenas, who stated that they are the owners of EI Reventon. Council Member lIawkins asked Mr. and Mrs. Cardcnas if either of them were at the subject location at the time of the incident, and Mrs. Cardenas staled that she was. Council Member Hawkins recognized Ms. Maria Diaz, and asker her if she was at the subject location at the time of the incident, and Mrs. Cardenas answered no for Ms. Diaz. Council Member Hawkins asked Mrs. Cardenas if she saw the incident, and she responded that she had spoken to a police officer at the scene about the incident. Council Member Hawkins asked Mrs. Cardenas how old the offending server is, and Mrs. Cardenas stated he is 38 years of age. Council Member Hawkins asked Mrs. Cardenas how long the offending server has been in her employ, and she stated he started shortly after the business opened. Council Member Ilawkins asked Mrs. C'ardcnas about alcohol salcs training for EI Reventon's servers, and Mrs. Cardenas provided details of a training video, an examination, and other training provided. Council Member Hawkins asked Mrs. Cardenas if the offending server had been fingerprinted by SPD and had an appropriate license, and Mrs. Cardenas answered in the affirmative. Council Member Hawkins again asked Mrs. Cardenas how long the offending server has been in her employ, and Mrs. Cardenas answered three months. Council Member Hawkins asked Mrs. Cardenas how long EI Reventon has had an alcohol sales license, and Mrs. Cardenas stated three months. Council Member Ilawkins asked Mrs. Cardcnas if thc offending scrver is still cmploycd at EI Reventon, and Mrs. Cardenas answered no. Mr. Cardenas stated that El Reventon is trying to improve its training for servers, and that since the incident servers are now required to complete a course at Atlanta Beverage for alcoholic beverage sales. Council Member Pritchett asked Mr. Cardenas to confirm that he stated the course at Atlanta Beverage was implemented after the incident, and Mr. Cardenas stated that Council Member Pritchett had understood correctly. Council Member Pritchett asked Mr. Cardenas to describe the training that was in place before the incident, and Mr. Cardenas stated that the steps taken included talking to employees about alcohol sales regulations, and checking to make certain that customers' identifications are being checked. Council Member Pritchett asked Mr. Cardenas what explanation, if any, the offending server had offered for the mishap, and Mr. Cardenas stated the offending server did not seem to have a good excuse. Council Member Lnenicka asked Ms. Diaz what her responsibilities are as a license holder and, with Mr. Cardenas as translator, she stated her responsibilities included talking to cmployees about alcohol sales regulations, and checking to make ccrtain that customers' identifications are being checked to avoid sales to minors. Council Member Lnenicka asked Ms. Diaz if she has the authority to direct the work-related activities of EI Reventon employees and, with Mr. Cardenas as translator, she answered yes. Council Member Lnenicka asked Ms. Diaz why she thinks Mr. Victorio failed to ask the informant for identification, and Ms. Diaz said Mr. Victorio would say that some customers appeared old enough and would not ask for identification. Council Member Lnenicka asked Ms. Diaz how EI Reventon personnel decide who to ask for identification, and Ms. Diaz said that all customers are asked to show identification before purchasing alcoholic bcverages. Council Member Lnenicka stated that asking all customers to show identification for alcohol salcs docs not scem to be happening, and Mr. Cardenas acknowledged that it did not happen on the day of the incident. Mr. Cardcnas statcd that EI Rcvcnton is trying to improve its training for servers, and that since the incidenl servers are now bcing trained bettcr and that they understand that compliance is a prerequisite for continued employment. Council Member Lnenicka stated that Mr. Victorio had a lot or"experience at EI Reventon, and Ms. Cardenas stated that he only worked for her for two months. Council Member Lnenicka asked Mrs. Cardenas to confirm that Mr. Victorio did not work in Fulton County, and Ms. Cardenas stated that Council Member Lnenicka had understood correctly. Council Member Lnenicka asked Mrs. Cardenas if Mr. Victorio is still in her cmploy, and Mrs. Cardenas answercd no. Council Membcr Cramer asked Mr. and Mrs. Cardcnas to confirm that they have a license to operate a restaurant and bar, and Ms. Cardcnas stated that Council Member Cramer had understood correctly. Council Member Cramer asked Mr. and Mrs. Cardenas if they have a license to operate a nightclub, and Mr. Cardenas answered no. Council Member Cramer asked Mr. and Mrs. Cardenas if they charge an admission fee, and Mr. Cardenas stated that at certain times there is live entertainment on the premises, and that admission is charged when these bands - - - June 3, 2002 11 perform. Council Member Cramer stated that charging admission may be beyond the parameters of a restaurant license, and suggested to Mr. Cardenas that the Business License Officer be consulted to determine if some change is needed. Mr. Cardenas stated that admission is only charged at certain times, and Council Member Cramer stated that Mr. Cardenas does not have a license to operate a nightclub, and that admission should not be charged at any time. Council Member Newcomb asked Mr. Cardenas on what days entertainment is featured, and Mr. Cardenas answered Thursday, Friday and Saturday. Council Member Newcomb stated that at the time of the application hearing on January 7, 2002, Council Member Scoggins had asked about live entertainment, and Mr. Cardenas had stated that a mariachi band might perform on Sundays, but there are no plans for dancing. Mr. Cardenas stated the entertainment was expanded to improve the performance of the business. Mayor Bacon asked how much time Ms. Diaz spends at the restaurant, and Mr. Cardenas stated Ms. Diaz is there at -- least 7 to 8 hours a day. Mayor Bacon asked if Ms. Diaz works 7 days a week, and Mr. Cardenas said she works 5 days a week. Mayor Bacon asked Mr. Cardenas why he is not the license holder, and Mr. Cardenas stated he was told by the Business License Officer that the'manager had to apply for the license. Mayor Bacon asked Mr. Cardenas if he has an alcohol sales license at another place, and Mr. Cardenas said he has one on Roswell Road in Fulton County. Mayor Bacon asked Mr. Cardenas whose name the Fulton County license is in, and Mr. Cardenas said it was in both their names. Council Member Wood asked if both Mr. and Mrs. Cardenas are agents in Fulton County, and Mr. Cardenas advised that the Fulton County license does not specify an agent. Council Member Wood stated the incident occurred about two and a half months after the Smyrna license was issued, and asked if Mr. Victorio had been in their employ during that entire time, and Mr. Cardenas said yes. Council Member Wood stated he does not understand why Mr. Victoria did not make an effort to check the informant's identification. Mr. Cardenas stated he is trying to do a better job of complying with the alcohol sales regulations. Mayor Bacon asked if Ms. Diaz what is proper identification for alcohol sales, and Ms. Diaz stated a driver's license is required. MOTION: Council Member Hawkins made a motion for a 7 day suspension ofEI Reventon's license beginning at ]2:0] a.m. on June 4, 2002 through the close of business on June ]0,2002, and 5 years of Class I probation beginning on June 4, 2002, and the motion was seconded by Council Member Scoggins. Council Member Hawkins stated his decision was partly based on the fact the server made no effort to check for identification. Motion was approved 6 - 1, with Council Member Lnenicka opposed. Mayor Bacon showed those present a printout of police incident reports for the subject location and ... stated that it was extremely long for a place that has been in business for such a short time. Mayor Bacon asked Mr. Cardenas if this is the type of place a person would wish to take their family to, and Mr. Cardenas said he is working on the problems. Council Member Pritchett made the observation that the last incident on the list was dated April 7. Council Member Hawkins suggested to Mr. Cardenas that he consult with the Business License Officer regarding the concerns raised by Council Member Cramer regarding the suitability of his current license for the type of business he is operating, and expressed the view that many of the problems at EI Reventon may be attributable to the fact that it is becoming more of a nightclub than a restaurant. (C) Show Cause Hearing - Alcoholic Beverage Sales Violation - Hollywood Sports Center II - 3240 South Cobb Drive #L - Seung Auk Moon, Agent Mr. Corey stated that on March 22, 2002, officers of Smyrna Police Department (SPD) conducted a compliance check during which a 19 year-old informant was able to purchase an alcoholic beverage at Hollywood Sports Center from employee Miguel A. Garcia. Mr. Corey stated that at a court appearance on May ]6,2002, Mr. Garcia entered a guilty plea and paid a fine. ... Mayor Bacon recognized Sgt. Joseph Bennett of the Smyrna Police Department (SPD), who reported that on March 22, 2002, SPD officers, in cooperation with the Cobb Underage Drinking Task Force, conducted twelve underage alcohol compliance checks inside the city limits of Smyrna. Sgt. Bennett stated that at around ] 900 hours, Ofc. Dobson, along with a nineteen year-old informant, entered Hollywood Billiards and went to the bar. Sgt. Bennett stated that the informant ordered a Miller Lite beer and was served by the offender. Sgt. Bennett stated that the offender failed to ask the informant for identification. Sgt. Bennett stated that the operation was monitored and recorded using an audio/video surveillance device. Sgt. Bennett stated that the Miller Lite beer was logged onto a property sheet and placed into evidence. Sgt. Bennett stated that Lt. Zgonc issued the offender citation # PS-O] 00] for the charge of sale of alcohol to a minor. Sgt. Bennett stated that the offender was released on a copy of the charge with his court date being May 16,2002. Council Member Hawkins asked Sgt. Bennett if he observed and recorded the incident, and Sgt. Bennett answered in the affirmative. Council Member Hawkins asked Ofc. Dobson if the server asked the informant for identification, and Ofc. Dobson said no. Council Member Hawkins asked Ofc. Dobson if he and the informant were at the bar, and Ofc. Dobson answered in the affirmative. 12 June 3. 2002 Council Membcr Cramer asked Ofc. Dobson if the permits of the servcrs were checked, and Ofc. Dobson explained the focus of that pa11icular night's activities was underage alcohol sales. Mayor Bacon recognized Mr. Paeng and Mr. Seung, and Council Member Hawkins asked which is the owner, and Mr. Paeng stated Mr. Seung is the owner. Council Member Hawkins asked Mr. Paeng what his relationship is to the company, and Mr. Pacng statcd hc is a manager. Council Member Hawkins asked Mr. Paeng if he is the license holding agent, and Mr. Paeng stated he is not. Council Member Hawkins asked Mr. Paeng if either he or Mr. Seung Auk Moon wcre present on the night of the incident, and Mr. Paeng stated they were both there. Council Membcr Hawkins asked Mr. Paeng if he observed the incident, and Mr. Paeng said yes. Mr. Paeng stated that he, Mr. Seung Auk Moon and Mr. Garcia were talking when the informant asked for a Miller Lite, and Mr. Paeng said he repeated the customer's order to Mr. Garcia who brought the order. Council Member Hawkins asked Mr. Paeng if Mr. Garcia may have thought Mr. Paeng checked thc informant's identification, and Mr. Paeng stated he only repeated the order. Council Member Hawkins asked Mr. Paeng if he had asked the informant for identification, and Mr. Paeng said no. Council Member Hawkins asked Mr. Paeng how long he has worked for Mr. Seung Auk Moon, and Mr. Paeng said two years. Council Member Hawkins asked Mr. Paeng when the alcohol liccnse was issued for Hollywood Sports Center 11, and Council Member Lnenicka stated it was approved on October 15,2001. Council Member Lnenicka stated that at the meeting of October 15, 200 I, the agent was identified as Leh Jyi Suen. Mayor Bacon asked Mr. Paeng where Leh Jyi Suen is, and Mr. Paeng stated he is not present and could not attend. Council Member Lnenicka asked Mr. Paeng if Leh Jyi Suen is the agent, and Mr. Paeng said yes. Council Member Lnenicka asked Mr. Paeng if Leh Jyi Suen is the owner, and Mr. Paeng said yes. Mayor Bacon askcd Mr. Pacng if Leh Jyi Sucn works at Hollywood Sports Center II, and Mr. Paeng said yes, about four days a week. Mayor Bacon asked Mr. Pacng how many hours a day Lch Jyi Suen works, and Mr. Paeng answered about 9 hours a day. Council Member Lnenicka stated the actual registered agent should be at the hearing. Mr. Cochran agreed that the actual registered agent should bc at the hcaring. Council Mcmber Newcomb stated he agrees with Mr. Cochran and Council Mcmbcr Lncnicka about thc ncccssity of thc actual rcgistercd agcnt bcing prcsent at thc hcaring. .... MOTION: Council Member Hawkins made a motion to table the show cause hearing for Hollywood Sports Center II until the June 17,2002 Council meeting, and the motion was seconded by Council Member Wood. Motion was approved 7 - O. ADJOURNMENT: With no further business, the mceting was adjourned at 10:35 p.m. .... ~ A. MAX BACON, M RON NEWCOMB, WARD 2 JAMES M. HAWKINS, WARD 4 ,,-.... '\ ) ~L$,ff WADE S. LNE~ICKA. WARD 6 -- ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA W' Ordinance Number Land Lot 477 Acres 1.724 2002-1 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 June 3, 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. SO ORDAINED by the City Council of the City of Smyrna, this 3rd June , 2002. day of ~ A. Max Bacon, Mayor ~ D- cfid6 Sus n D. Hiott, City Clerk City Smyrna ---- Scott A. Co hran, City Attorney City of Smyrna ~ Legal Description .., Tract One All that tract or parcel of land lying and being in Land Lot 477 of the 17th District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: Beginning at an iron pin located at the intersection of the northerly land lot line of Land Lot 477 and the westerly right of way line of King Springs Road (King Springs being a variable width right of way); thence run southerly, along the westerly right of way line of King Springs Road distance of 20.06 feet to a '/2 inch rebar; thence run North 83 degrees 56 minutes 45 seconds West a distance of 357.96 feet to an iron pin; thence run North 06 degrees 26 minutes 15 seconds East a distance of 20.06 to the northerly land lot line of Land Lot 477; thence run South 83 degrees 56 minutes 45 seconds East along said land lot line a distance of 357.96 feet to an iron pin on the westerly right of way of King Springs Road and the point of beginning. Said property containing .165 acres more or less. Tract Two All that tract or parcel of land lying and being in Land Lot 477 of the 17th District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: -- Beginning at an iron pin located at the northerly right of way of Cooper Lake Road (Cooper Lake Road having a right of way of 70 feet) and the western land lot line of Land Lot 477; thence run North 06 degrees 24 minutes 05 seconds East along said westerly land lot line a distance of 10.11 feet to an iron pin; thence run North 86 degrees 14 minutes 20 seconds east a distance of 153.94 feet to point thence easterly along a curve to left having a radius of 459.39 feet a distance of 142.88 feet to a point, said curve being subtended by a cord being of North 77 degrees 21 minutes 43 seconds East having a cord length of 142.31 feet; thence South 27 degrees 25 minutes 32 seconds East a distance of 10.05 feet to an iron pin located on the northerly right of way of Cooper Lake Road; thence in a westerly direction along said northerly right of way a distance of 302.74 feet to said western land lot line of Land Lot 477 and the point of beginning. Said tract containing .069 acres more or less. Tract Three All that tract or parcel of land lying and being in Land Lot 477 of the 17th District, 2nd Section of Cobb County, Georgia, according to plat of survey by Thomas M. Ginn, Sr., Registered Land Surveyor, dated March 25, 1968, and being more particularly described as follows: Beginning at an iron pin located on the northwesterly right of way line of Cooper Lake Road 465.2 feet easterly and northeasterly as measured along the northerly and northwesterly right of way line of Cooper Lake Road from the point of intersection of the northerly right of way line of Cooper Lake Road with the easterly right of way line of King Valley Road; running thence North 52 degrees 30 minutes 00 seconds East a distance of 230 feet to an iron pin located on the northwesterly right of way line of Cooper Lake Road; running thence North 27 degrees 12 minutes 45 seconds West a distance of 275 feet to an iron pin; running thence South 59 degrees 50 minutes 30 seconds West a distance of 230 feet to an iron pin; running thence South 27 degrees 28 minutes 29 seconds East a distance of 284.83 feet to an iron pin located on the northwesterly right of way line of Cooper Lake Road, said iron pin being located at the point of the beginning. Said tract containing 1.49 acres more or less. .., RESOLUTION w EMERGENCY 911 TELEPHONE SERVICE WHEREAS, the City of Smyrna is operating an enhanced 911 system which facilitates the dispatching of emergency services to the residents of Smyrna; and WHEREAS, the City of Smyrna has imposed and collected a monthly 911 charge of $1.50 from telephone subscribers within the area served by such system; and WHEREAS, the City of Smyrna has established a separate restricted revenue fund into which the 911 charges are deposited; and WHEREAS, these funds alone are not sufficient to pay for the operation of the enhanced 911 system; and WHEREAS, the City of Smyrna must annually reaffirm the need for the $1.50 911 charge on telephone subscribers; NOW, THEREFORE, BE IT RESOLVED that the City of Smyrna City Council, by resolution, reaffirm the necessity for the $1.50 911 charge on telephone subscribers served by the enhanced 911 system for the fiscal year. ~ daY~ ,2002. Passed this & ( d /~ A. Max Bacon, Mayor ATTEST: 0~D,,~ Susan D. Hiott, City Clerk '-'" SUNTRUST CORPORATE RESOLUTION AJ.'\TD CERTIFICATE OF INCUMBENCY (Commercial Credit Card Account) '- r. Susa'Q. D. lliot:t: herebycertifylh:u!amthcCity Clerk and custodi.:1n of the ~ords of City 0 f Sroyrn a (legal name of corporation). a corporacion duly of"g.lIlized and existing WJder the laws of r,p()rft,i.q : th:1t the following is a true and eorreg c'lPY of ceruin ~utions duly :ldopted by the Board of rreclors of said corporation at a meeting duly held on ~ d!ty of _ , ~~ at which a quorum W;1S presem: lUld thaI the following resolutions are in conformity with the 3J'ter ~ by-lAwS of said corpor:ldon and have nOl since been rescinded or mooilicd. RESOLVED, t!t1c Ibis corporation entcr inro it commerc~ credit card accounr rel;niomhip with SunTnlSl R~kCard, N .A. rBw-); that any one of the officers of rhis corpor:lnon listed ~low be lUld is hereby authorized to enrer inIo, execute at3d ~Iivet' in !be name of and on behalf of che corpor.ltion the agreemen~, documents or orha- insttumenrs deemed re3SOl13ble or necessary ro establish the commerci:l1 credit card :lCcount relationship with Bank; and rbar mis corporation sh:ill be bound by me rerms and conditions of said agreements, documents or oilier insm.unertts. RESOLVED FURTHER. rbar !he corporation shall furnish (0 Rank a r.r.rtified copy of rhese resolutions, which resolutiortS sh:ill COIttiDue in full force and effect \Wil written notice of the rescission or modificatiol1 of [he S<lme has been received by Bank. aDd to furnish said Rank: the names 31ld s~cimen signatureS of th~ officer(s) named herein. and such persons from time to time holding the above positions. I hereby certify that the following art: the names and specimen signarures of the officer(s) lisrerl in the foregoing resolutions and that each p~m:Iy holds che title indicated therein: City Clerk Name A. Max Bacon Jim Hawkins Tille Mayor Mayor Pro-Tern Susan Hiott --- Charles "Pete" Wood Council Member IJ:'l ~ WHEREOF. I have heretmro suhsenbed my Th1me lUld affixed the seal of said corporation this cir.aLd1Y~./ .~ c..::r--- City of Smyrna (legal~r:uion) L./J ~ ---' By: D. /7)1- (pr\lll:JUme Susan D. Hiott . Title: City Clerk (770) 319-5303 (Corpora Sell) The following individuates) have been authorized to perform the dillies of a program manager on behalf of the corpot:lfion 3!U1 is authorized to mainuin me accounr as deemed necessary by thl: corporation: t\l~ N3me Position Signamre '-' SUNTRUST VISA Corporate Card Maintenance Fonn '-' NAME OF COMPANY: TYPE OF REQUEST: City of Smyrna a New Account o De!~ Account {!g Clw\ge E:tisring Account II 4266 2745 0000 6624 ACCOUNT lNFORMA nON CHANGED: mI Name o Address a Account Code o Monthly Credit Limit a Other o Single TC'3.IlS4lction Limit - CARDHOLDER INFORMA nON: Plusc cOnqllece only the :lPl'copnJ.[C ~(lJ.Ces helow III IndU;J.lII chaQ8e~SI necded- Susan D. Hiott Ftm Name Middle Initial Last Name ([oul of:!4 Cbu~u:nl :).4'- J~-sotr/ Soci:ll Sccunty Number ['J C1uu..:u:rsl ...,. -;)')0- iJa..g~ ~ 3 30 Home Phone Number 110 C1uu":lCrSI Accuunt ClXie Unit No. (770) 319-5303 ~ Busmess Phone Nwnber (10 OwIQCtS) Monthly Rec;oncili:lUon .sutemem Address City State: Zip un OwaQCn) LIMITS Monrhly Credit Limn, II ~ ~ ~O~ Employee's Signarure ~=~'sSU~A Single Transaction Limit 6 J().B./D~ I Dab: ~/c.//(j2- Dale C.9S203 Row. 2Jt:t'96 .....