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02-04-2008 February 4, 2008 u February 4. 2008 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 Clerk Susan Hiott, City Attorney Scott Cochran, Keep Smyrna Beautiful Director Ann Kirk, Finance Director David Boyd, Community Development Director Ken Suddreth, Assistant City Administrator Eric Taylor, Planner Rusty Martin and representatives of the press. Invocation was given by Pastor Shell Osbon from Smyrna Assembly of God, followed by the pledge to the flag. AGENDA CHANGES: There were none. MAYOR'S REPORT: (A) Proclamation in recognition of Arbor Day Council Member McNabb read a Proclamation in recognition of Arbor Day to those present. Ms. Kirk provided details to those present regarding upcoming Arbor Day activities and projects. (B) Proclamation in recognition of Black History Month u Council Member Newcomb read a Proclamation in recognition of Black History Month to those present. Council Member Newcomb stated the Proclamation will be on display in the City Library. LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Public Hearing - Rezoning Request Z07-021 - R-15, RAD and GC (Smyrna) and R-20 and LRO (Cobb County) to GC - 6.87 acre tract - South Cobb Drive near Oakdale Road - New South Properties, LLC Mr. Taylor stated the applicant is requesting approval for rezoning of the subject tract for the purpose of building a retail center. Mr. Taylor stated the proposal entails a land use change from neighborhood activity center to community activity center. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to numerous persons by Mr. Cochran. u Council Member Wood recognized Mr. Chuck Seckler representing New South Properties, LLC (NSP). At Council Member Wood's request, Mr. Seckler provided details to those assembled concerning the plans for the property under present consideration. Mr. Seckler stated planned tenants include restaurants, dry cleaners and other establishments. Council Member Wood asked Mr. Seckler if he is familiar with the conditions of this rezoning, and Mr. Seckler said yes. Mayor Bacon recognized Mr. Adam Price, a consulting engineer representing NSP, and Mr. Price discussed condition # 17 as it relates to the subject property. Mr. Suddreth stated condition # 17 requires architectural features to surround dumpsters, docks, disposal and refuse so that such things are screened and not exposed. February 4, 2008 2 Council Member Wood recognized Mr. Suddreth, and Mr. Suddreth provided details to those assembled concerning the plans for the property under present consideration. Mr. Suddreth stated this rezoning request was approved by the Planning and Zoning Board (PZB) by a vote of 4 - 3. Mr. Suddreth stated an annexation is associated with this rezoning application. Mr. Suddreth Stated staff recommends approval of the request subject to the following conditions: ~ Standard Conditions (items 1,2,3,4,8,9,10,16 and 17 from Section 1201 of the Zoning Ordinance are not applicable) 1. The retention or detention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a ten percent reduction in a 2-year to I OO-year storm event. The city engineer shall approve all plans. 2. All utilities within the development shall be underground. 3. The developer shall be responsible for any traffic improvements (including additional right-of- way dedications) deemed necessary by either the city or the county during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with city's requirements for the extent of the development. A grass buffer with a minimum width of two inches shall be provided between the back of curb and sidewalk. 4. No debris may be buried on any lot or common area. 5. The developer will install decorative streetlights within the development, subject to approval by the city engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cut off lighting". 6. The developer will comply with the city's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 7. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. There shall be a landscaped front entrance, with monument, indicating the name of the development. 8. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. ~ Special Conditions 9. Approval ofthe subject property for the General Commercial zoning district shall be conditioned upon the development of the property in substantial compliance with the submitted site plan dated 9/5/07. Slight deviations to the site plan may be approved by the Community Development Director. Any significant changes to the site plan will require an amendment to this rezoning. 10. The buildings shall have four sided architecture and the applicant shall be bound to the elevations received and dated 9/7/2007. Slight deviations to the elevations may be approved by the Community Development Director. However, any significant changes to the elevations will require an amendment to this rezoning. 11. Any buildings constructed on the out parcels shall have elevations and building material similar to the elevations approved for main retail building. Any deviation from the elevations must be approved by the Community Development Director. 12. The proposed development shall be restricted to three ingress/egress points (Two points on South Cobb Drive and One point on Oakdale Road). The ingress/egress point on Oakdale Road shall be restricted to the southern most egresslingress point. The applicant must seek approval from State DOT for the two access points on South Cobb Drive. ~ _-! 1 _. ..--' __~~,'~_':: _ I:. '.~" . Ii. " February 4. 2008 3 u 13. The applicant must provide any traffic improvements on the subject property deemed necessary by City Engineer to improve traffic flow at the northern most egress/ingress point on South Cobb Drive. 14. The applicant must provide a 5' sidewalk with a 2' grass buffer along the South Cobb Drive and the Oakdale Road right-of-ways for the length of the subject property. 15. The applicant must provide a 6' decorative masonry wall along Oakdale Road for the length of outparcel # 1 and the subject parcel. 16. Loading and Unloading on the property shall only take place between 7:00 a.m. and 8:00 p.m. All truck traffic must enter and exit the retail center through access drives on South Cobb Drive. 17. All truck loading docks, garbage dumpsters, storage of used packing material and garbage pick-up shall not be visible from any public right-ofway. 18. Any proposed dumpsters shall be surrounded by a three-sided brick enclosure with an opaque gate in the front. The brick shall match the color and material used for the commercial buildings. All dumpsters shall contain rubber lids so as to minimize sounds. 19. All HV AC components, transformers and access panels shall be screened by landscaping or architecture in such a manner that they are not visible from the public right-of-way. 20. Water meters, sewer cleanouts and natural gas cleanouts shall be screened by landscaping and painted to match the landscaping. 2 I. Utilization of low intensity, environmental type lighting shall be allowed within the development. The illumination of which shall be confined within the perimeter of the subject property through the use of "full cut-off lighting". 22. All parking lots shall be illuminated with Georgia Power's Shoe Box Fixture. 23. All sidewalks and walkways shall be illuminated by a Sternberg Lighting Fixture 4400DFP and A850SR head or equal, approved by the Director of Community Development. 24. All parking lots in the front of buildings shall have landscaped medians between lines of parking spaces on alternate lines. All landscape medians and parking lot islands must be automatically irrigated. 25. The following uses, whether permissible or not within the GC zoning district, shall not be allowed on the property: Adult Entertainment Establishments and novelty bookstores Animal boarding and kennels Automobile, truck and motorcycle sales, leasing and service establishments Automobile Wash Services Check Cashing Establishments (where check cashing represents more than 25% of the overall business operation) Coin Operated Laundry Composting Facility Funeral Homes Group Homes Massage parlors (excluding day spas) Package Stores Pawn shops/title pawn shops Pool halls Recycling centers Shelter for the Homeless Tattoo Parlors Thrift shops u u Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes expressed various concerns regarding the proposed rezoning and redevelopment. Ms. Barnes stated she does not believe the proposed land use and zoning changes are suitable for the subject area. Ms. Barnes expressed February 4. 2008 safety concerns associated with road signs as proposed. Ms. Barnes expressed the view that a filtration system should be required for the planned underground water detention structure. Ms. Barnes expressed concerns about access to Oakdale Road and South Cobb Drive. Ms. Barnes expressed concerns about a landfill which she stated was located in the subject area and geotechnical problems which may be associated with it. Ms. Barnes expressed concerns about the presence of granite in the subject area which may require blasting. Ms. Barnes enumerated a list of conditions for those present which she believes should be made applicable to this rezoning request. Ms. Barnes stated the project under consideration could be a positive addition to the community. (B) Annexation Request - 2.36 acre tract - Land Lot 751, Parcel 3, 17th District, 2nd Section - 4941 South Cobb Drive - Tabas, LLP Mr. Taylor stated the submitted legal description was reviewed by staff and found to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve the annexation request for a 2.36 acre tract in Land Lot 751, Parcel 3, 17th District, 2nd Section at 4941 South Cobb Drive for Tabas, LLP to become a part of Ward 7 with an effective date of March 1, 2008. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (C) Annexation Request - .50 acre tract - Land Lot 752, Parcel 34, 17th District, 2nd Section - 4970 Oakdale Road - James Freeman Mr. Taylor stated the submitted legal description was reviewed by staff and found to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve the annexation request for a .50 acre tract in Land Lot 752, Parcel 34, 17th District, 2nd Section at 4970 Oakdale Road for James Freeman to become a part of Ward 7 with an effective date of March 1,2008. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (D) Annexation Request - .50 acre tract - Land Lot 752, Parcel 35, 17th District, 2nd Section - 4980 Oakdale Road - James Freeman Mr. Taylor stated the submitted legal description was reviewed by staff and found to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve the annexation request for a .50 acre tract in Land Lot 752, Parcel 35, 17th District, 2nd Section at 4980 Oakdale Road for James Freeman to become a part of Ward 7 with an effective date of March 1,2008. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (E) Final Vote - Rezoning Request 207-021 - R-15, RAD and GC (Smyrna) and R-20 and LRO (Cobb County) to GC - 6.87 acre tract - South Cobb Drive near Oakdale Road - New South Properties, LLC Council Member Member Wood recognized Mr. Suddreth, and Mr. Suddreth stated staff 4 u u ~ "",11~.' : . i, ~ I} :.lf~~' .,~l' .,,1 I, I",\:_~J.:'{::;;.," ;.,I",;,~ ~l'.".,~~, ,I;" 'j, 1,~~l~'~I\i'Jt~i ~~~~~Il I~~.~' ~:':,.~,:~,"J~ ~I~~" 'J: I: I~-~>, ~~" :. ,:Io:,;.~ ,: ",: . "I .j' - -,i'i,' II,~,; 11',,1, " '~Il:, "'3 I ,.," February 4, 2008 5 u recommends approval of this rezoning request subject to the 25 conditions as read into the record. Council Member Newcomb thanked the developer for being responsive to suggestions. At Council Member Newcomb's request, Mr. Suddreth clarified the list of prohibited uses as a condition of this rezoning. Council Member Lnenicka thanked Ms. Barnes for her input and commended staff for their thorough work on this complex rezoning and redevelopment plan. Council Member Lnenicka thanked the applicants for their patience and willingness to cooperate with officials and staff on this project. MOTION: Council Member Wood made a motion to approve Rezoning Request 207-021 from R-15, RAD and GC (Smyrna) and R-20 and LRO (Cobb County) to GC for a 6.87 acre tract at South Cobb Drive near Oakdale Road for New South Properties, LLC subject to conditions as read into the record and agreed to by the applicant. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (F) Public Hearing - Approval of extension of the 60-day moratorium on the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts 1 and 2 in the City of Smyrna Mr. Taylor stated the moratorium prohibits the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts 1 and 2. Mr. Taylor stated staff recommends an extension of the moratorium for sixty days. u Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Newcomb made a motion to approve extension of the 60-day moratorium on the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts 1 and 2 in the City of Smyrna. The motion was seconded by Council Member Pritchett. Motion was approved 6 - O. (Clerk's Note: Council Member Wood was not present at the time of this vote) PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Approval of increase in Utility Rates Mr. Taylor stated ongoing maintenance and capital expenditures, including large meter replacements, an 11 % water authority rate increase, 4% Cobb County sewer increase and significantly lower sales volumes due to drought restrictions, require a change in our water, sewer and meter rates. Mr. Taylor summarized the rate changes for those present, and stated that staff recommends approval of the proposed rate increase. u Council Member Wood recognized Mr. Boyd, and Mr. Boyd stated the increases are needed to provide funding for ongoing maintenance and rehabilitation of the City water system. Mr. Boyd stated that even with the proposed increases water revenues are projected to be reduced by approximately $1,000,000 next year. Mr. Boyd stated the proposed rate increases will cost February 4, 2008 6 household consumers 17 cents per day. Mr. Boyd stated staff recommends approval of the new rate structure as proposed. At Council Member Lnenicka's request, Mr. Boyd summarized steps being taken to control costs associated with operating the City water system. Council Member Lnenicka commended the City's leadership and public works staff for the work they have done to improve the water and sewer system. Council Member Wood pointed out that water resources will have to be conserved in the years to come and that water costs are increasing almost everywhere. u MOTION: Council Member Wood made a motion to approve the water rate changes as proposed. Council Member McNabb thanked Mr. Boyd for the analysis and advice he has provided on this subject. Council Member McNabb thanked Mr. Glenn Page with the Cobb- Marietta Water Authority for briefing the city council on water system management matters earlier on this date. Council Member McNabb stated he understands why rate increases are needed, but he believes the rates as proposed may represent an increase that is simply too great at a time when a curtailment of water consumption has been called for. Council Member McNabb stated he believes rates must go up to cover the costs of operating a water system. Council Member McNabb stated he cannot support a rate increase of this magnitude at this time. Council Member Newcomb stated a water system is created and maintained by funds collected through water sales revenues and that the City of Smyrna has a record of managing its finances in a responsible manner. Council Member Newcomb stated wholesale water costs and necessary system maintenance expenses are all increasing. Council Member Newcomb stated he believes that, when all considerations are factored into the equation, the cost of water even with the proposed rate increases is still quite reasonable. Council Member Newcomb stated doing what is necessary to ensure that first rate water and sewer service continues to be available to Smyrna residents is the right thing to do. Council Member Pritchett stated the amount of money in question is really a small sum when one considers that it enables the City to be proactive in regard to providing water service to its citizens. Council Member Pritchett stated she supports the motion. Mayor Bacon stated the Cobb-Marietta Water Authority will pass its cost increases along to the City every year. Mayor Bacon stated water treatment costs increase when the water level decreases at Lake Lanier. Mayor Bacon stated the City's water system must be properly maintained. Council Member Wood stated the City has been associated with the Cobb-Marietta Water Authority since 1952. Council Member Wood stated the Cobb-Marietta Water Authority has been a reliable source of water at a reasonable cost to Smyrna citizens for many years. Motion was approved 6 -I with Council Member McNabb in opposition. u COMMERCIAL BUILDING PERMITS: (A) Approval of commercial building permit for 1302 Concord Road for Atlanta Custom Designs, LLC Mr. Taylor provided details to those present concerning the proposed construction. Mr. Taylor stated staff recommends approval of this building permit. MOTION: Council Member McNabb made a motion to approve a commercial building permit for 1302 Concord Road for Atlanta Custom Designs, LLC. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (B) Approval of a commercial building permit at 1151 Concord Road for the Shoppes at Smyrna Heights u Mr. Taylor provided details to those present concerning the proposed construction. Mr. Taylor ,... ."1;- - ,', 1,1' .::, . . ~ ';. ~ . .. _u "1-,, ,I. . I" .. ;~,' I ~ ~,., . ~,'.I . ~. -:' February 4, 2008 7 u stated staff recommends approval of this building permit. MOTION: Council Member McNabb made a motion to approve a commercial building permit for 1151 Concord Road for the Shoppes at Smyrna Heights. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of January 22, 2008 minutes (B) Approval of contract for Acquisition of Right of Way CSHPP-0007-00 (641) between Georgia Department of Transportation and City of Smyrna for Atlanta Road Multi-use Trail from Spring Road/Concord Road to Ridge Road and authorize Mayor to sign and execute documents MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMITTEE REPORTS: u Council Member Pritchett recognized Ms. Hiott, who provided information to those present regarding the election tomorrow. Council Member Pritchett encouraged everyone to exercise their right to vote. Council Member Newcomb yielded the floor with no report. Council Member Anulewicz thanked Ms. Kirk and the KSB associates for a successful electronics recycling event. Council Member Anulewicz encouraged everyone to vote tomorrow. Council Member Anulewicz thanked the residents and business operators from the Market Village for attending a recent meeting which provided useful comments and information. Council Member Anulewicz wished everyone a happy Mardi Gras. Council Member McNabb commented favorably about the recent Laurel Hill HOA meeting he attended. Council Member McNabb encouraged everyone to vote tomorrow. Council Member McNabb commented favorably about last night's Super Bowl and the example of teamwork it provided. Council Member Smith encouraged everyone to vote tomorrow. Council Member Lnenicka provided information to those present regarding the election tomorrow and encouraged everyone to vote. Council Member Lnenicka provided information to those present concerning the retirement of City police officer Bill Geter and commented favorably about his career. Council Member Lnenicka stated some members of the City fire department will be retiring soon. Council Member Lnenicka commented favorably about the recent town hall meeting held by Congressman David Scott at City Hall. Council Member Wood encouraged everyone to vote tomorrow. ~ February 4, 2008 8 CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry expressed concerns about illegal parking in his neighborhood. Mr. Backry expressed dissatisfaction at the manner in which his complaints have been handled and stated better procedures are need for responding to inquiries. u Mayor Bacon recognized Mr. Drew Hutton, residing at 1274 West Spring Street, and Mr. Hutton commented favorably about City events but expressed concerns about events held at the Market Village including the St. Patrick's Day celebration. Mr. Hutton stated that at the recent meeting held with Council Member Anulewicz no one in attendance spoke in favor of these events. Mr. Hutton asked the present officials to not approve the upcoming St. Patrick's Day celebration and other events at the Market Village this year. Mayor Bacon recognized Mr. Richard Pecha, residing at 2667 Brown Circle, and Mr. Pecha stated that, although Council Member Lnenicka discussed Mr. Halpern's losses and sacrifices at Belmont Hills at the last meeting, many other people have lost more than Mr. Halpern has. Mr. Pecha provided details to those present concerning difficulties he and others experienced as business tenants at Belmont Hills. Mr. Pecha expressed the view that one should make an effort to understand things from the standpoint of others. Mr. Pecha expressed concerns about the fact that the initial redevelopment plan for Belmont Hills included a large discount chain store. Mayor Bacon recognized Mr. Fred Johnson, residing at 6070 Indian Wood Circle, and Mr. Johnson expressed concern about the fact that he must pay City taxes in addition to County taxes. Mr. Wood stated the owners of the property which included the site ofMr. Johnson's residence requested annexation into the City and that is why his property is subject to City property taxes. u Mayor Bacon recognized Mr. Lee Hardeman, and Mr. Hardeman stated his son recently returned safely from military duty in Iraq and is presently at Camp Lejeune. Council Member Newcomb stated he referred the individual with the complaint of illegal parking to his council representative and was not condescending towards him. Council Member Newcomb stated he understands the position of the officers who responded to the parking complaint. Council Member Anulewicz expressed appreciation for the interest shown in the future development of the Belmont Hills property by the individual who commented about it earlier. Council Member Lnenicka stated he was not trying to diminish anyone. Council Member Lnenicka stated he was trying to recognize a developer who has experienced some losses as a result of his efforts to bring desirable change to a prominent property in the City. Council Member Lnenicka stated he never encouraged the developer to act in a detrimental way towards anyone. Council Member Lnenicka stated he meant no offense by his comments at the last meeting and regrets any misunderstanding which may have occurred. Council Member Lnenicka stated he agrees with Council Member Newcomb's response to certain comments made at this meeting. Council Member Lnenicka stated hundreds of calls to the City 911 center have been documented concerning complaints such as parked cars and squirrels in trees which have monopolized the time of public safety personnel who should be occupied with more urgent matters. Council Member Lnenicka stated the no parking signs referred to were installed in response to the illegal parking on the street done by the individual who spoke at this meeting about illegal parking. Council Member Lnenicka stated City police officers are encouraged to ~ February 4, 2008 9 u resolve problems tactfully and he believes it is not necessary to wake a citizen in the small hours of the morning to discuss an illegally parked car. ADJOURNMENT: With no further business, the meeting was adjourned at 9:06 p.m. A. MAX BACON, MAYOR ~_/L MELLENY PRITCHETT, WARD 1 RON NEWCOMB, WARD 2 T(t1ff~~ MICHAEL McNABB, WARD 4 ~ u (!~&L M CHARLES PETE WOOD, WARD 7 u u u u ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number Land Lot 751 Acres 2.36 2007-15 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 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 February 4, 2008 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 February, 2008. day of / ~9'7ddtiJ City of Smyrna sco~.~c;ty Attorney City of Smyrna o o D Ordinance #2007-15 Exhibit "A" ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 751 of the 1th District, 2nd Sectioli of Cobb County, Georgia, beln~l more particularly described as follows: BEGINNING at an iron pin located at the Intersection of the south land lot line of Land Lot 751, aforesaid district and section, and the easterly right-of-way of South Cobb Drive (a 200-foot right-o'-way), which iron pin is located 800,30 feet north of the intersection of the aforesaid easterly right-of-way of South Cobb Drivo and the northerly right-of-way of Oakdale Road {which iron pin is reached by running from the aforesaid intersection along a curve running along the easterly right-of-way of South Cobb Drive to the left, which curve is subtended by a chord boaring North 12 degrees 54 minutes 55 seconds West a chord distance of 800.28 feet and having a radius of 24875.98)j thenco running along the easterly right-of-way of'South Cobb Drive North 10 degrees 46 minutes 42 seconds West (I distance of 231.62 feet to an iron pin; thence leaving the easterly right- of-way of South Cobb Drive and running North 75 degrees 25 minutes 27 seconds East a distance of 141.76 feet to an iron pinj thence running North 75 degrees 53 minutes 13 seconds East a distance of 225.17 feet to an Iron pin located along the westerly right-of- way of Oakdale Road (a 70-foot right-of-way): thence running along the aforesaid westerly right-of-way of Oakdale Road the following courses and distances: South 24 degrees 40 minutes 57 seconds East a distance of 10.05 feet to an iron pin; South 24 degrees 59 minutes 31 seconds East a distance of 9.69 feet to an iron pin; thence along a curve to the right an arc distance of 197.30 feet (said curve being subtended by a chord bearing South 19 degrees 45 minutes 06 seconds East a chord distance of 197.02 feet and having 3 radius of 1,065.39 feet) to a point; thence South 09 degrees 57 minutes 25 seconds East a distance of 78.92 feet to an iron pin located at the intersection of the westerly right-of-way of Oakdale Road and the southerly land lot line of Land Lot 751, aforesaid district and section; thence leaving the aforesaid westerly right.ot-way of Oakdale Road and running along the southerly right-of-way line of Land Lot 751 South 84 degrees 45 minutes 55 seconds West a distance of 200.00 feet to an iron pin; thence South 84 degrees 45 minutes 55 seconds West 3 distance of 202.53 feet to an iron pin, said iron pin being the POINT OF BEGINNING. Said property containing 2.360 acres and depicted on that certain plat of survey for Tabas, LLLP and Chicago Title Insurance Company, prepared by Mark G. Leo, Georgia Registered Land Surveyor #2522, of Paul Lee Consulting Engineering Associates, Inc., dated January 26,2005, last revised June 29, 2005. u ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number Land Lot 752 Acres .50 2007-16 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 100 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 February 4, 2008 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 u 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 February, 2008. A. Max Bacon, Mayor ~~~Y.;>, ~ City of Smyrna u cott A. Cochran, City Attorney City of Smyrna u D ~ Ordinance #2007-16 Exhibit "A" ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 752 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the westerly side of Oakdale Road, 200 feet southerly from the intersection of the westerly side of Oakdale Road with the north line of Land Lot 752, as measured along the westerly side of Oakdale Road; thence North 60 degrees 10 minutes West 200 feet to an iron pin, point and corner; thence South 10 degrees 20 minutes West 106 feet to a point and corner; thence South 61 degrees 26 minutes East 200 feet to a point on the westerly side of Oakdale Road; thence northerly along the westerly side of Oakdale Road, and following the curvature thereof, 100 feet to the POINT OF BEGINNING. Sairl tract comprises .50 acre, more or less. u ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number Land Lot 752 Acres .50 2007-17 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified 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 February 4, 2008 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 u 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. Febru~~~~AlNED by the City Council nfth/Y~ ~ nf A. Max Bacon, Mayor ~<(),Vi~ Susan D. Hiott, City Clerk City of Smyrna u J~ Scott A. Cochran, City Attorney City of Smyrna --- ----- o o o Ordinance #2007-17 Exhibit "A" ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 152 of the 1ih District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the westerly side of Oakdale Road 300 feet south of the intersection of the westerly side of said road with the north original line of said land lot and running southerly along the westerly side of said road for a distance of 100 feet to a point; thence North 61 degrees 42 minutes West for 200 feet to a point; thence North 16 degrees 10 minutes East for 100 feet to a point; thence South 61 degrees 26 minutes East for 200 feet to the POINT OF BEGINNING, being the same property described in a Warranty Deed from Hoyt W. Fain and Johnnie Patterson to J.M. Presley, Jewel F. Presley and Mrs. Eva Norred, dated June 27, 1953, and recorded in Deed Book 267, Page 388, Cobb County, Georgia Records and being improved property known as 4980 Oakdale Road according to the present system of numbering houses in Cobb County, Georgia. Said tract comprises .50 acre, more or less.