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03-18-2013 March 18, 2013 Mayor and Council Minutes City Smyrna of Sm Y 2800 King Street Smyrna, Georgia 30080 SIV1YRNA C4E0KGIA !{4 Meeting Minutes - Preliminary r- Monday, March 18, 2013 7:30 PM Council Chambers City Council Mrs Snvimm Nark 1g 2013 qqd SMY-NA 2800 King Street City of Smyrna Smyrna, Georgia 30080 Meeting Minutes - Preliminary City Council Council Chambers Monday, March 18, 2013 7:30 PM Call to Order Present: 8 - Mayor Max Bacon, Councilmember Melleny Pritchett, Councilmember Andrea Blustein, Councilmember Teri Anulewicz, Councilmember Charles Welch, Councilmember Susan Wilkinson, Councilmember Wade Lnenicka and Councilmember Ron Fennel Also Present: 11 - Ken Suddreth, Samantha Kasraie, Scott Cochran, Eric Taylor, Tern Graham, Jennifer Bennett, Jessica Melton. Steve Ciaccio, Jason Lanyon Mary Wallace Moore and Mike Brown 1. Invocation and Pledge: — The Mayor called on Pastor Dyke Verkerk of the Life Church Smyrna Assembly of God, who delivered the invocation and led all in the pledge to the flag. 2. Agenda Changes: The Mayor stated that items 4(A) and 6(A) would be tabled to April 1, 2013. 3. Mayoral Report: The Mayor noted the great turnout for the recent St. Patrick's Day festivities. He announced that this meeting was the first to be live streamed and provided details. 4. Land Issues/Zonings/Annexations: (A) Public Hearing - Zoning Request Z12-009 - Modification of currently approved site plans and building elevations - 6.42 Acre Tract - Land Lots 620 and 677 - 4560 South Cobb Drive - Columbia Properties, Inc. Tabled from February 18, 2013 meeting - To be tabled to April 1, 2013 at the applicant's request Sponsors: Lnenicka nVOWOW The Mayor shared that this item was tabled from Feb 18, 2013 and was to be tabled to April 1, 2013 per the applicant's request. City of Smyrna March 18, 2013 A motion was made by Councilmember Lnenicka, seconded by Councilmember Fennel, that this Zoning be tabled until April 1, 2013. The motion carried by the following vote: Aye: 7 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson. Councilmember Lnenicka and Councilmember Fennel (B) Public Hearing - Zoning Request Z13-001 - Rezoning from R-15 to RAD-Conditional - 0.5 acres - Land Lot 489 - 2699 Brown Circle - Allen Residential, LLC Sponsors: Anulewicz Mr. Taylor stated that the request was to accommodate two single family residences and provided details of the proposed development. He made known that the item had been heard before the Planning and Zoning Board on February 11, 2013 and was approved 6-1. Mr. Taylor advised that staff had reviewed the request and recommended approval. The Mayor announced the public hearing and called for comment. There was none. Mr. Suddreth outlined the details of the request, noting the change in zoning from R15— RAD Conditional and displaying maps and site plans of the property in question. He advised that staff recommended approval with the standard conditions as well as special conditions: • The development shall maintain the following minimum setbacks: Front—35' Interior Side— 10' Street Side— 23.3' Rear— 30' • The stormwater management plan shall provide water quality treatment for the 85th percentile event. The City Engineer shall approve all plans. • Each home will be a minimum of 1,800 square feet in floor area. • The new proposed home shall not exceed two-stories in height. • The developer shall install three (3), 4" caliper street trees along Hughes St. Approval of the subject property for the Residential Attached Detached (RAD) zoning district shall be conditioned upon the development of the property in substantial compliance with the submitted site plan dated 11/7/2012 created by Surveys Plus Inc. Councilwoman Wilkinson stated that she was not supportive of this rezoning, citing that it would not necessarily enhance or increase the property values of the surrounding properties. The Mayor called on the applicant, who was sworn in. Mr. Allen introduced himself and explained that his property was originally two lots and made known his intent was to restore the original division. There was discussion about the renovations done on the property. Councilwoman Anulewicz shared ,y of Smyrna March 18, 2013 1 that neighboring residents had expressed concerns that the plan submitted be adhered to in the event the lot was sold. She stressed the importance of the final stipulation to maintain the integrity of the original intent of the plan. The owner concurred. MOTION: Councilwoman Anulewicz moved for approval with stipulation #14; the construction should be completed consistent with the elevation submitted and dated on January 11, 2013 and approval of any change to the elevation must be obtained from the Director of Community Development. Motion was seconded by Councilmember Pritchett, that this Zoning be approved with conditions. The motion carried by the following vote: Aye: 6 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Lnenicka and Councilmember Fennel Nay: 1 - Councilmember Wilkinson (C) Public Hearing - Zoning Request Z13-005 - Modification of currently approved site plan - 1.44 acres - Land Lot 520 - 2580 Atlanta Road - Traton Homes, LLC Sponsors: Anulewicz Mr. Taylor provided the background of the request for the Village Walk subdivision, stating that it was one of about a half dozen developments that had been approved for development prior to 2009 that had seen no building. He advised that staff had reviewed the proposal and recommended approval. The Mayor announced the public hearing and called for comment. There was none. Mr. Suddreth stated that this had been a site plan specific approval. He advised that the zoning did not change and provided the details of the amendment. A map of the proposed site plan was displayed and there was discussion of the storm water management and amenities. Mr. Suddreth noted that since it was an amendment to an existing plan a Planning and Zoning hearing was not required. Applicant Chris Posten provided details of the request and shared that permits had been requested. Councilwoman Anuelwicz inquired what would be visible to passing traffic and the applicant responded. She expressed her appreciation to Traton homes for their upkeep of the dormant property. Councilman Fennel asked if Traton homes was interested in pursuing other developments in Smyrna and the applicant responded in the affirmative. MOTION: Councilwoman Anulewicz moved for approval with condition #22; the construction shall be completed consistent with and shall be bound to the elevation submitted January 8, 2013 and approval to any change in the elevation must be obtained from the Director of Community Development. The motion was seconded by Councilmember Welch, that this Zoning be approved with conditions. The motion carried by the following vote: Aye: 7 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel I City of Smyrna March 18, 2013 5. Privilege Licenses: (A) Public Hearing: A pp roval of change of agent/owner for a pawn dealership license for Personal Jewelry Loans, located at 2800 Spring Rd., to agent/owner Kenneth Porter Sponsors: Pritchett Mr. Taylor provided the background. The Mayor called on the applicant, who was not present. The Mayor inquired if the applicant had been advised of the { meeting and was responded to in the affirmative. The Mayor suggested postponing the item to later in the meeting. 6. Formal business: (A) Award RFP 13-020 to Red Bird Events for Food Truck Event Coordinator and authorize the Mayor to sign and execute all related documents Sponsors: Anulewicz Councilwoman Anulewicz shared the City's desire to ensure the success of the event and thanked all of the staff involved in making the previous year's Food Truck Tuesdays possible. A motion was made by Councilmember Anulewicz that this BidIRFP Award be tabled. The motion carried by the following vote: Aye: 6 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson and Councilmember Fennel Nay: 1 - Councilmember Lnenicka (B) Approval of a Change Order to the Atlanta Road Streetscapes project to adjust contract items to actual field quantities in the amount of $131,498.64 and authorize the Mayor to sign any related documents. Sponsors: Welch Mr. Taylor provided the background of the change request. He advised that staff recommended approval. Councilwoman Anulewicz noted that it was not a significant change order and expressed her support, citing the updating of the sidewalk as a necessary improvement regardless of lagging redevelopment. She shared that it was consistent with the surrounding streetscapes. A motion was made by Councilmember Anulewicz, seconded by Councilmember Pritchett, that this Authorization be approved. The motion carried by the following vote: Aye: 5 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch and Councilmember Fennel Nay: 2 - Councilmember Wilkinson and Councilmember Lnenicka City of Smyrna March 18, 2013 (C) Approval of Amendments to Chapter 79 of the City Code of Ordinances (Planning and Development) for the waiving of residential development costs associated with distressed residential projects under the City's Economic Incentive Program - City of Smyrna Sponsors: Blustein Mr. Taylor referenced the earlier point about the half dozen properties that had lain dormant due to economic conditions and provided the details of the incentive being proposed. Mr. Suddreth provided a presentation on the requirements and scope of the projects to be included. He advised all present of various details of the incentive and that any requests would need to be considered by Mayor and Council. Mr. Suddreth stated that staff recommended approval. Councilman Fennel commented on recent positive trends and Councilwoman Anulewicz noted that she had met with several builders interested in developing in Smyrna. She noted that this item was a clear message that Smyrna was taking a proactive approach to address dormant properties and get them back on the tax rolls. The Mayor noted the upcoming item for Traton Homes' development of a property that had been vacant for several years. Mr. Suddreth shared that particular project would add 24 homes and the Mayor highlighted that the ordinance would establish an incentive for the developer to finish as expediently as possible. A motion was made by Councilmember Anulewicz, seconded by Councilmember Fennel, that this Ordinance be approved. The motion carried by the following vote: Aye: 7 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz. Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel (D) Approval of Incentive Package for Traton Homes, LLC for the Completion of Village Walk Subdivision - City of Smyrna Sponsors: Anulewicz Mr. Taylor provided the background of the Traton Homes request for the completion of the Village Walk Subdivision and the monetary impact. The Mayor called on Mr. Posten to discuss the price point of the new homes. A motion was made by Councilmember Anulewicz, seconded by Councilmember Welch, that this Authorization be approved. The motion carried by the following vote: Aye: 7 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7. Commercial Building Permits: The Mayor stated that there were none. City of Smyrna March 18,2013 U. Consent Agenda: A motion was made by Councilmember Pritchett, seconded by Councilmember Fennel, that this Consent Agenda be approved. The motion carried by the following vote: Aye: 7 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel (A) Approval of Revised February 18, 2013 Mayor and Council Minutes This Authorization was approved. (B) Approval of March 4, 2013 Mayor and Council Minutes This Authorization was approved. 9. Committee Reports: Councilwoman Pritchett recognized Chris Addicks, Jennifer Bennett,Jessica Melton and Tammi Saddler Jones for their efforts in implementing the Granicus software. The Mayor asked that Ms. Bennett provide additional details on how to access the streaming and archived videos. She noted the social ideation website to be launched in a couple of weeks. Councilwoman Pritchett challenged the team to earn the Sunny Award for communication and transparency. She shared that a vision proposal was being drafted. . I.- Councilwoman Blustein called on Mr. Suddreth, who presented a report on Community Development statistics and the positive trends in the City. The Councilwoman questioned if Smyrna was having a housing shortage and Mr. Suddreth responded that the City was on the edge of that classification. Councilwoman Blustein noted that housing prices were rising and it was a good time for those looking to sell. Councilwoman Anulewicz announced that departments were working on their annual budgets. She remarked on the successful launch of the live streaming and the anticipated release of additional functions. She noted the improving economic conditions and upswing in development, thanking staff for their comprehensive reporting to Council. Councilman Welch mentioned the continuing progress on Concord Rd. and that the demolition and construction portion of the project would begin progressing more rapidly. He called on Ann Kirk, who shared that Campbell High School's Key Club assisted in the clean-up of the baseball parking lot, painting at Tolleson pool and trash collection along a two block stretch of Old Concord Rd. She noted the success of the shredding event and provided an update on the shade pavilion and community garden. Ms. Kirk announced the upcoming garden tour and reminded all present to dispose of their used . cooking oil at the recycling center, fire stations or in plastic bins at the curb. Councilwoman Blustein commented on the shredding event and Ms. Kirk noted that a list of accepted materials was available on the website. Councilwoman Wilkinson introduced Mary Wallace Moore, the new Library Mrs. Moore announced the current art exhibits and that the library would be 1 I City of Smyrna March 18, 2013 offering downloadable audio devices.The Councilwoman called on Mr. Ciaccio, who shared the upcoming flashlight Easter Egg hunt and provided registration details. He noted that there would be public input meetings on April 4th and April 13th at the Community Center. Councilman Lnenicka recognized the new City Clerk Terri Graham and called " on Kay Bolick, who announced the 30 year milestone for Randall Shepherd and the 40 year tenure of Hank Cooper. The Mayor noted that both of those employees were native Smyrna residents. Councilman Lnenicka extended his gratitude to the residents of Oak Ridge Estates and Vinings Forest for inviting him to their annual HOA meetings. He shared that the Smyrna Veterans Committee was actively planning the Memorial Day celebration and provided details, encouraging all to attend. He noted the upcoming public hearing for the Atlanta Rd. median at 6:30 pm on April 3rd at Brawner Hall. Councilman Fennel informed all that the chapel at the military base was moved across the campus to preserve the historic structure. He called on Deputy Chief Brown, who shared details of the new Smyrna Citizen's Police Academy and relayed that the DUI task force had made 17 DUI arrests that weekend. The Mayor inquired who would conduct the training at the academy and Deputy Chief Brown stated that it would be run by police instructors. The Councilman announced that the ISS was visible in the skies above Smyrna. Chief Jason Lanyon commented on severe weather and spoke about the sirens throughout 1' the City. He encouraged all to purchase a weather radio for their homes. Councilman Fennel reminded all to take the opportunity to express their gratitude to public safety professionals. The Councilman shared that his brother in law had attained the rank of Lieutenant Colonel. There were no further reports. mug The Mayor mentioned the Ed-SPLOST vote the following day and encouraged all to participate. Privilege Licenses: (A) Public Hearing: Approval of change of agent/owner for a pawn dealership license for Personal Jewelry Loans, located at 2800 Spring Rd., to agent/owner Kenneth Porter Sponsors: Pritchett The Mayor called for Ken Porter and there was no response. Councilwoman Pritchett informed all present that business license officer Jim Cox had spoken with the applicant and was informed he would attend. The Councilwoman stated that she had some questions regarding the ownership of the business and that her preference was to table the item until the applicant was present. A motion was made by Councilmember Pritchett, seconded by Councilmember Fennel, that this Hearing be tabled until April 1, 2013. The motion carried by the following vote: Aye: 7 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel City of Smyrna March 18,2013 10. Show Cause Hearings: The Mayor stated that there were none. 11. Citizen Input: Alex Backry of 3459 Shawnee Trail announced Tim Lee's town hall meeting at the Community Center the next evening. He remarked on the lights in downtown Smyrna and the steel structure at King Springs. Mr. Backry shared that Rich Golick had mailed out a flyer for his town hall meeting and suggested that Councilmembers do likewise to increase visibility. He encouraged all to vote in opposition of the Ed-SPLOST. 12. Adjournment: The Mayor declared the meeting adjourned at 8:50 City of Smyrna March 18, 2013 March 18, 201 _ MAYOR AND COUNCIL MEETING, ._. / 1 A. MAX BACON, MAYOR TERRI GRAHAM, CITY CLERK Ai / o / . . A / C It I ' (I h 4.,,_ k r 4 s- -r_.,..,' Tm. LE • '' TCHETT, WARD 1 ANDREA BLUSTEIN, WARD 2 . V?Ic-, --" ciAck,,,La (A . Lia . i,,RI ANULEWICZ, WARD 3 CHARLES A.WELCH, WARD 4 /14 i 4 : , _C-51.14A A A II IIir, 4140e." , -- -. SUSAN WILKINSON, WARD 5 WADE S. L E CKA, WARD 6 dr ,/ RO►• ENNEL, WARD 7 f ' F t '. L:1 f$ il VOW ORDINANCE NO. 2013 - 05 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, OF CHAPTER 79, PLANNING AND DEVELOPMENT TO BE AMENDED AS FOLLOWS: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,GEORGIA: That Chapter 79 — Planning and Development - of the City's Code of Ordinances by amended to add the following: Article Ill —Waiver of Development Fees Section 79.32. —General. In order to waive development costs associated with distressed residential developments under Article II of Chapter 79 of the City's Code of Ordinances (Economic Incentive Program), the following conditions outlined below must exist. Development costs in this context are defined as building permit fees, plan checking fees, sewer tap fees, water meter fees, garbage container fees and records fees. Section 79.33. — Eligibility for incentives. At a minimum, a residential development shall meet the following criteria: 1) The proposed units are designed and intended to be owner occupied structures. With this in mind, no incentive requests will be considered for apartment developments. 2) The proposed development must be on property that previously received a land disturbance permit or a building permit prior to January 1, 2009 and which became void due to inactivity (the purpose of this requirement is to encourage distressed properties to begin development again but not apply to newer developments that were started after the economic downturn as it is assumed that the market has already been reset for those properties). 3) A waiver of the total development costs, up to 50%, may be granted. 4) If a certificate of occupancy is issued for the final unit of the project within 24 months from the date when the first building permit is issued, the project may receive a rebate of an additional 10% of the overall development fees which would have been applicable prior to any waiver. 5) A wavier of fees shall not be retro-actively applied to projects that are currently under development or have an active land disturbance permit or building permit for the site. If these conditions exist, the Mayor and Council have the right, but not the obligation to consider and approve, deny or modify such a request in a public meeting. In order to 2013-05 consider the validity of such a request, a letter from the developer addressed to the Community Development Director must be submitted outlining both the breakdown of their request by each element involved in their development costs as well as the corresponding rationale for requesting such. Section 79.29 shall be removed in its entirety and amended to include 79.29(4) as follows: (4) Residential developments shall meet the eligibility requirements under Article Ill of Chapter 79 (Waiver of Development of Development Fees) and be consistent with the goals as officially set forth by the comprehensive plan as approved by the mayor and council. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 18th day of March, 2013 A. Max Bacon, Mayor Attest: Approved as to form: v1�.144.& Terri Graham, City Clerk Scott A. Cochran, City Attorney City of Smyrna City of Smyrna 2013-05