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04-15-2013 April 15, 2013 Mayor and Council Minutes SMYRNA 2800 King Street City of Smyrna Smyrna, Georgia 30080 Meeting Minutes - Final City Council Council Chambers Monday, April 15, 2013 7:30 PM Call to Order 1. Invocation and Pledge: The Mayor called on Brother Ken Mandich from the International Gospel Outreach Church, who conducted the invocation and led all in the pledge to the flag. Agenda Changes: The Mayor announced that several items would be tabled and listed them. 3. Mayoral Report: A. 2013-136 Proclamation in Recognition of Patriots Day - April 19, 2013 Sponsors: Welch The Mayor called on Councilman Welch who read aloud the Proclamation in honor of Patriot's Day, after which it was presented to Brian Black, Larry Gussy and Wayne Brown of the Sons of the American Revolution. ► B. 2013-103 Proclamation in Recognition of Respect for Law Day - May 3, 2013 Sponsors: Fennel The Mayor called on Councilman Fennel, who read aloud the Proclamation in honor of Respect for Law, after which it was presented to Betty Turley of the Smyrna Optimists Club. 4. Land Issues/Zonings/Annexations: A. 2013-134 Approval of Ordinance # 2013-06 - Annexation request (100% of owners requesting annexation) - Land Lot 632, 0.30 Acre, Parcel #17063200320, 17th District, 2nd Section Cobb County - 2761 City of Smyrna 4/15/2013 approval not to be unreasonably withheld; — The public feature shall be constructed at the applicant's expense and shall be maintained by the applicant, or successor in ownership to applicant; — The public feature shall not be considered a "sign" under the City's Sign Ordinance nor subject to any provisions of said ordinance. Yanna Hackle, residing at 224 Highlands Ridge PI. SE, commented that her biggest concern about that area was the traffic flow. She noted the existing challenges at that intersection and that the diagram displayed appeared to provide only two points of egress. The Mayor stated that issue had been addressed in the previous meeting and Councilman Fennel explained that they could only stipulate as to the initially approved site. He elaborated that DOT rules had certain limitations regarding signalization. The Councilman noted that there was no opportunity for a signalized west bound turn out of the complex but that both an ingress and egress would be located on S. Cobb Drive. He shared that the business owners had evaluated the site and were satisfied that the plan as approved would meet their expectations to handle their anticipated client base. Councilman Lnenicka recognized Mr. Garvis Sams, representative for Columbia Properties, who stated that an agreement had been reached regarding stipulation #26. He requested that it be approved by Council. Councilman Lnenicka confirmed that Mr. Sams was amenable to the wording as presented and received assurances. A motion was made by Councilmember Lnenicka, seconded by Councilmember Fennel, that this Zoning 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 C. Z13-002 Public Hearing - Zoning Request Z13-002 - Rezoning from R-15 to RAD-Conditional - 6.76 Acre Tract - Land Lot 335 - 4160 and 4176 North Cooper Lake Road - Joseph Romano - Item is to be tabled to the May 20, 2013 meeting at the request of the applicant. Sponsors: Fennel The Mayor stated that this motion would be tabled to May 20, 2013. The Mayor announced that this was a public hearing and called for public comment.There was none. t A motion was made by Councilmember Fennel, seconded by Councilmember Lnenicka, that this Zoning 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. Z13-003 Public Hearing - Rezoning Request Z13-003 - Rezoning from Limited Commercial to General Commercial - 0.5 Acre Tract - Land Lot 452 - ram 1026 Concord Road - Durwood Pierce - Item to be tabled to the May 6, 2013 Mayor and Council meeting at the request of the applicant. Sponsors: Welch City of Smyrna 4/15/2013 The Mayor announced that this item would be tabled until May 6, 2013 and called for comment. There was none. A motion was made by Councilmember Welch, seconded by Councilmember Pritchett, that this Zoning 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 E. Z13-004 Public Hearing - Zoning Request Z13-004 - Rezoning from Limited Commercial (LC) to RAD-Conditional - 0.85 Acres - Land Lot 520 - 1226 Hill Street - Traton Homes, LLC Sponsors: Anulewicz Mr. Taylor advised that the applicant was seeking to build four residential units and that the demolition of the existing home and a land use change were required. He stated that the request had been approved by the Planning & Zoning Board on March 11, 2013 and that staff recommended approval. The Mayor announced the public hearing and called for comment. There was none. Mr. Suddreth delivered a presentation on the details of the request and displayed site plans and maps. He advised that the request would be subject to the following stipulations: Standard Conditions (Requirement#2, 3, 4, 5, 8, 9, 10, 12, 16 and 17 from Section 1201 of the Zoning Code is not applicable) 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads (i.e. Hill Street& Hickory Hill Drive) 2. There shall be prctective covenants with a mandatory homeowners association on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. 3. The 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 10% reduction in a 2-year to100-year storm event. The City Engineer shall approve all plans. 4. All utilities within the development shall be underground. 5. 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 2' shall be provided between the back of curb and sidewalk. The grass buffer may be waived if it is deemed unnecessary by the City Engineer. 6. No debris may be buried on any lot or common area. City of Smyrr 4/15/2013 7. 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. 8. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 9. All yards and common areas are to be sodded and landscaped. Irrigate as appropriate. Special Conditions 10. The development shall maintain the following minimum setbacks: Front—20' Interior Side—5' Street Side —20 Rear— 20' 11. Each home will be a minimum of 1,800 square feet in floor area. 12. Driveway — 22' minimum length from building face to edge of sidewalk. Each unit shall have a two-car garage. 13. The new proposed home shall not exceed two-stories in height. 14. Each home shall have a fire sprinkler system approved by the City's Fire Marshal. 15. 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 2/8/2013 created by Gaskins. 16. The applicant shall be bound to the elevations submitted and dated 2/8/2013. Approval of any change to the elevations must be obtained from the Director of Community Development. Mayor Bacon called on the applicant, Mr. Chris Posten of Traton Homes, who provided details of the proposed development. Councilwoman Anulewicz commented on the down-zoning and relayed concerns from neighboring residents about the potential of mosquitoes due to the retention pond. Mr. Posten advised that no design work had yet been done, that it most likely would be a dry pond and it was noted that a retention pond would be necessary at that location. Councilman Fennel thanked Traton Homes for their investment in Smyrna and encouraged them to consider other properties in the area. A motion was made by Councilmember Anulewicz, seconded by Councilmember Pritchett, that this Zoning 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 F. Z13-007 Public Hearing - Zoning Request Z13-007 - Modification of currently approve zoning stipulation - 47. 49 Acre Tract - Land Lots 447, 489, 490, 519 & 520 - Southwest quadrant of the intersection of Atlanta Road and Windy Hill Road - Halpern Enterprises, Inc. Sponsors: Anulewicz City of Smyrna 4/15/2013 Mayor Bacon confirmed that the applicant was present and Mr. Taylor advised that this request related to the Belmont Hills development. He advised that zoning stipulations required that all roads be constructed during the initial phase of development. The applicant was asking for modification for pods A, B, C and D, to be completed following the finalized site plan approval. Mr. Taylor stated that staff recommended approval. The Mayor announced that this was a public hearing and called for comment. There was none. Mr. Suddreth delivered a presentation explaining the staging and progressive installation of the roadways. He advised that the street names were not yet finalized and that the access roads would be constructed during the development of the pods. Mr. Suddreth noted that the modification would allow better control for optimal intersections. A motion was made by Councilmember Anulewicz, seconded by Councilmember Welch, that this Zoning 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 G. V13-014 Public Hearing - Variance Request - V13-014 - Approval for an increase in the maximum allowable height for a fence in the front yard from 4' to 6' - 0.15 acres - Land Lot 446 - Eliza and Josh Woodby It was explained that the request was to allow the maximum fence height to increase to 6 feet. Due to opposition, this item had been referred to Mayor and Council. It was noted that opposition had since been rescinded and staff recommended approval. The Mayor announced the public hearing and called for comment. There was none. Mr. Suddreth delivered a presentation, displaying the location and plans. He relayed that the property be developed with the site plan, fence detail and landscaping with the following conditions: 1. Approval of the requested variance shall be conditioned upon the development of the property in substantial compliance with the site plan and fence detail submitted with the variance application. 2. A row of evergreen trees shall be planted in front of the fence on the subject property along the entire length of the fence on Belmont Circle in accordance with the submitted Tree Plan for the Belmont Chase Subdivision. 3. The proposed fence shall be placed behind the recommended tree screening. 4. A letter from the HOA granting permission for the fence and trees to encroach the private utility and landscape easement shall be required. 5. The fence and tree screening shall be properly maintained. The Mayor called for comment. The applicants shared that they had just moved into the newly built home. They had a copy of the letter rescinding the opposition and requested approval of their request. It was noted that all other properties in that community had 6' privacy fences. Councilwoman Wilkinson ""`y of S.-nyrna 4/15/2013 asked if the applicants were agreeable to the conditions outlined by Community Development and they agreed. A motion was made by Councilmember Wilkinson, seconded by Councilmember Lnenicka, that this Variance Request 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 5. Privilege Licenses: The Mayor stated that there were none. b. Formal business: A. RIP 13-020 Award RFQ 13-027 for Food Truck Event Coordinator and authorize the Mayor to sign and execute all related documents Sponsors: Anulewicz The Mayor advised that this had been tabled from March 18, 2013 and April 1, 2013. Mr. Taylor provided the background that the City had requested quotations for coordinator services for the weekly food truck events. He advised that two proposals had been received. After review and analysis staff recommended that the bid be awarded to Fork in the Road. Coucilwoman Anulewicz called on Penny Murphy, who was not present. Tammi Saddler Jones advised that an RFQ went out to 8 vendors with two responses; Red Bird and Fork in the Road. Based on criteria, experience and scope of services, Fork in the Road was the coordinator recommended by staff and the Purchasing Manager. The Mayor stated that there had been several committees and Mrs. Saddler Jones explained that an RFP had gone out originally. She advised that the second round included an RFQ and the RFP was thrown out on a recommendation from the Purchasing Manager. Mrs. Saddler-Jones shared the points award basis and the results of the RFQ. She stated that staff recommended Fork in the Road. s The Mayor relayed that he had cast the tie-breaking vote in favor of the Food Truck event the previous year, reminding all that several Council members had concerns about permitting and business licenses. Mayor Bacon stated that since that time an ordinance to cover food trucks had been adopted. He remarked on the success of the event and that it far exceeded expectations. He commented on the logistical learning curve of staff and the ideal location of the event. The Mayor shared that prior to the event he was not acquainted with Betty Cagle and commended her efforts in organizing a successful event. He recognized the divisiveness of the issue and noted that staff's first recommendation was to award Red Bird as coordinator. The Mayor stated that the event was great for the City and that people raved about it. He shared his hope that it would resume soon. Councilwoman Anulewicz thanked staff for their time and efforts. She remarked on the success of the food trucks and expressed her support. She observed that it supported local causes and local organizations and brought together City of Smyrna 4/15/2013 people from every walk of life. She stated that the City had a lot of events, amenities and core services. The Councilwoman shared that all events were conducted to help create a sense of place and culture. She opined that the food truck event was in part successful because it was homegrown and developed organically. She noted that staff was able to address adeptly issues that arose and that the organizer did a wonderful job. Councilwoman Anulewicz advised that she had concerns about some of the proposals and sponsorships. She shared that sponsorships needed to be handled very thoughtfully and curated properly for the event to maintain authenticity.The Councilwoman remarked that the integrity of the Smyrna brand be maintained above all others and shared that she had been an avid supporter of the event since its inception. MOTION: Councilwoman Anulewicz moved to approve with the caveat that the one year contract maintain the integrity and spirit of the event and local philanthropies that impact city of Smyrna community. She stated that she was happy to speak with the organizer. The Mayor asked who would be approved. Councilwoman Anulewicz stated that she had read the item as written. Councilwoman Blustein requested a point of clarification about who was being voted on. Scott Cochran advised Councilwoman Anulewicz that she needed to move for a coordinator. Councilwoman Anulewicz remarked that it was a slippery slope to disregard staff's recommendation and that she had concerns about brand management. She noted the imperative to vote one's conscience and moved to approve Red Bird. A motion was made by Councilmember Anulewicz to approve Red Bird as the coordinator, seconded by Councilmember Welch, that this Bid/RFP Award be approved. The motion failed by the following vote: Aye: 3 - Councilmember Pritchett, Councilmember Anulewicz and Councilmember Welch Nay: 4 - Councilmember Blustein, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel Councilman Fennel stated that he was confident that either vendor could do an excellent job. He echoed sentiments regarding local charities, brand identity and the event's ability to foster a sense of place. He opined that the City would protect its brand regardless of which coordinator was selected and that he wanted to be respectful of staff's recommendation. He observed that the previous year he had raised his questions. He announced that he fully supported food trucks positive family friendly signal and felt the business license and permitting issues were addressed by the ordinance. He opined that a base had been set so that any event manager would have a successful environment and encouraged any program manager to work extra diligently to make certain Smyrna and its residents were happy. He commended the previous year's program manager and stated that each applicant had submitted a RFQ that had the city's best interests at heart, noting that either would do good job. He stated that he would follow staff's recommendation. A motion was made by Councilmember Fennel to approve Fork in The Road as City of Smyrna 4/15/2013 coordinator, seconded by Councilmember Wilkinson, that this Bid/RFP Award be approved. The motion carried by the following vote: Aye: 4 - Councilmember Blustein, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel Nay: 3 - Councilmember Pritchett, Councilmember Anulewicz and Councilmember Welch Mayor Bacon stated that he had veto power and expressed dissatisfaction with the process, citing challenges due to inadequate information being available. He announced that he would not veto at this time but would consider doing so. He remarked on the success of the event and its benefit to the City. Councilwoman Pritchett thanked everyone for their diligence and effort, crediting the original event promoter for bringing a plan and proposal to the City that resulted in a highly successful event. She expressed her opposition that a food truck participant without a proven record as an event planner was being approved and commented that the vote was political. Councilwoman Blustein commented that people wanted the food truck event to start. She advised that Fork in the Road had just been selected by the city of Alpharetta as their event coordinator. The Councilwoman stated that the vote was not personal and was based on a responsibility to the citizens to host the event as cost effectively as possible. She commended the job done by Ms. Cagle and shared her confidence in Mr. Hall to successfully conduct the event. 7. Commercial Building Permits: The Mayor stated that there were none. Consent Agenda: Mr. Taylor read aloud the consent agenda items. A. 2013-129 Approval of April 1 , 2013 Mayor and Council Meeting Minutes B. RFP 13-019 Award RFP 13-019 Reed Road Drainage Improvements to the lowest bidder Inland Waters Pollution Control for $228,351.75 and authorize the Mayor to execute any related documents. Sponsors: Fennel A motion was made by Councilmember Pritchett, seconded by Councilmember Fennel, that this consent agenda be approved as presented. The motion carried by the following vote: Aye: 7 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 9. Committee Reports: Councilman Fennel recognized the passing of Bob Ornsby Jr., an alumnus of GT and Southern Poly, civil leader, Lockheed employee, Director of various organizations and recipient of the NASA distinguished public service award. He made known the date and location of the ceremony. Chief Lanyon shared City of Smyrna 4/15/2013 that the new fire station had received a silver LEED certification. He announced the upcoming softball classic and advised that all proceeds would benefit charities. Chief Lee provided additional details about the upcoming softball tournament. He advised that the new DUI task force had been highly successful and that detectives had solved a theft from automobiles case that cleared Marietta and Cobb files as well. The Chief expressed his confidence that arrest would slow or nearly stop the number of incidences in the City. The Chief remarked on the progress of a homicide case involving an extradition and advised that the citizen police academy would begin soon. He noted that there was a full waiting list and that larger classes going forward would be considered. The Chief shared that a date for a gun safety seminar was still undetermined. Councilman Fennel thanked the Chief for speaking with the SBA and encouraged continued community outreach, inviting citizens to contact him for appearances. The Councilman announced that Commissioner Bob Ott would be hosting a town hall and provided details. He shared that there were 11 Smyrnans registered for the Boston Marathon and asked all present to pray for their safety and well being. Councilman Lnenicka commented on the outcome of the public meeting on the Atlanta Road median project. He relayed that the meeting had been hosted so that the new city engineer could be present. The Councilman expressed the importance of having him involved so that he could be responsive and responsible to the citizenry as well as council. Councilman Lnenicka stated that based on input some changes and revisions to the plan would be considered. He made it known that no date had yet been set to review the revised plan but that the public would be formally invited and notification sent out. He thanked the citizens for their participation. Councilman Lnenicka informed all of the upcoming Memorial Day ceremony, sharing that in the past year two Cobb County soldiers had died. He remarked that the recent events in Boston,while details had yet to emerge, should remind everyone of the importance for all to be vigilant. He discussed the current global war on terror and the importance of protecting and looking after one another, extending prayers to those in Boston. Mary Wallace Moore delivered a report on the National Library Week theme "Communities Matter". She shared the extensive interactions she had experienced with the community and her stance that the library was an integral part of the quality of life in Smyrna. She advised all present of the virtual library and variety of products available. Mrs. Moore announced that the Friends of the Library were hosting a new series that included the works of author Susan Kendall and provided details. Councilwoman Wilkinson mentioned that Parks and Recreation had hosted public input meetings for the 2013-2023 Parks Master Plan. Tyler Addison made known that an online survey was also available until May 15th for those wishing to provide input. The Mayor commended the work done on the Ken Nix commemoration and the great turnout. Ann Kirk shared that the 28 new trees planted in Taylor Brawner Park had been paid for with KSB funds and contracted with professional watering services to eliminate cost burden on the City. She announced the details of the upcoming Garden Tour and the Great American Clean-Up, a registration only event and picnic for volunteers. Ms. Kirk made known that the pavilion at the community City of Smyrna 4/15/2013 • garden under construction was funded through IBM grants and KSB sources and that garden plots were available. Scott Stokes provided a report on public works projects including the Belmont and Concord Rd. SPLOSTs. He noted that work on Concord would begin shortly and that signage would be installed as that road work would be • extensive. He highlighted water, sewer and road construction projects. Mr. Stokes made known the projects out to bid and announced that the paving list for the next fiscal year was being compiled. Ms. Howard delivered a report from the Finance Department, including the status of the FY14 budget preparation and the training of staff on the new budget model. She advised that information was being reviewed for presentation to Mayor and Council. Jennifer Bennett made known that the event calendar was in the water bill. She announced the upcoming Spring Jonquil Festival and Jonquil City Jog, sharing that additional information was available on the website. She encouraged all to follow the City on social media to stay up to date on events and road closures. Ms. Bennett suggested Nixie for updates and advised that all links were available on the city website. Councilwoman Anulewicz talked about city events and the comments made about sense of place. She highlighted the importance of the positive momentum from Food Truck Tuesdays and both the quantifiable and intangible benefits of that event. She remarked on the history of the first woman to compete in the Boston Marathon and the strength of the human spirit apparent under such physical duress. wow Ken Suddreth provided statistics from Community Development, highlighting that despite a slowing trend they were still above 2012 numbers. Councilwoman Blustein noted that homes were selling quickly with low inventory and bidding wars. She stated that she was hopeful that new construction in the city would trend positively. The Councilwoman asked all to pray for those affected by the tragedy in Boston. Councilwoman Pritchett remarked on the camaraderie between department heads and their ability to work as an effective and supportive team. She echoed comments about residents remaining diligent and reporting suspicious activity. Chief Lanyon advised that there was a serial arsonist that they were pursuing and that one building had been burned completely to the ground. There was discussion about what to look out for and the need for people to alert authorities. 10. Show Cause Hearings: The Mayor stated that there were none '1. Citizen Input: Alex Backry of 3459 Shawnee Trail requested the City make available to citizens the dirt located behind Public Works. He suggested this would clear that property for expansion and eliminate the need for the City to purchase additional land. He questioned land acquisitions being done by Croy on behalf of the City and remarked that one Councilperson worked as a contractor for them in Alabama. He requested that individual either step down or terminate any business agreements with Croy, asking for follow-up from the City Attorney. City of Smyrna 4/15/2013 Larissa Williams of 304 Hickory Springs introduced herself as the Messiah. She stated that she could provide counseling to slow or halt the aging process, stated that sinkholes beneath nuclear facilities were a national threat and asked all present for their assistance in helping her get to North Korea to help save America. Terry Hall of 1791 Spring Rd SE provided his background, qualifications and outlined the success and the expansion of his company Fork in The Road. He stated that he had made an investment in Smyrna with a growing business based there. Mr. Hall made known that he had entered a bid, didn't lobby, let his merits stand and his work speak for itself. He stated that he was sensitive to the needs of the community and wanted the food truck to continue its success, maintain integrity and the Smyrna brand. He advised that he had used his resources to give back to the City and that his goal was that it not cost taxpayers anything. Roy Brostrand of 162 Port Patrick Ln. provided his background and offered his endorsement of Mr. Terry Hall. He shared that Fork in the Road was operating the Dinner at the Depot event and had been awarded the Alpharetta food truck coordinator role. Mr. Brostrand vocalized his support of Mr. Hall's industry knowledge and commended the level of commitment and investment made by Mr. Hall. He remarked that Smyrna was a front page operation and nationally recognized, commenting that food trucks were the future of the industry. 12. Adjournment: Mayor declared the meeting adjourned at 9:38 p.m. Clerk's Note: The Item vetoed is: (A) Award RFQ 13-207 for Food Truck Event Coordinator and authorize the Mayor to sign and execute all related documents. I am officially vetoing the motion to approve "Fork in the Road" as Food Truck Event Coordinator. The reasons for the veto are concerns that the vote may not have been in the best interest of the city, and more time is needed to analyze and substantiate the information. The clerk is directed to file this veto and enter it on the minutes this 17th day of April, 2013. ty of Smyrna 4/15/2013 March 18 201..) : MAYOR AND COUNCIL MEETING A. MAX BACON, MAYOR TERRI GRAHAM, CITY CLERK d/A O MELLENY PRITCHETT, WARD 1 ANDREA BLUSTEIN, WARD 2 // , T, RI ANULEWICZ,4 ARD 3 CHARLES A.WELCH, WARD 4 pylI / SUSAN WILKINSON, WARD 5 WADE S. LNENICKA, WARD 6 r� R!' FENNEL, WARD 7 N CY O SMr ' ° CITY OF SMYRNA sir A. MAX BACON MAYOR VETO Please be advised that I am hereby vetoing the action taken on the Formal Business Item, A, of the April 15, 2013 Mayor and Council Meeting. The Item vetoed is: (A) Award RFQ 13-207 for Food Truck Event Coordinator and authorize the Mayor to sign and execute all related documents. I am officially vetoing the motion to approve "Fork in the Road" as Food Truck Event Coordinator, The reasons for the veto are concerns that the vote may not have been in the best interest of the city, and more time is needed to analyze and substantiate the information. The clerk is directed to file this veto and enter it on the minutes this 17th day of April, 2013. A. Max Bacon, Mayor C— Council City Administrator Eric Taylor Assistant City Administrator Tammi Saddler-Jones City Clerk Terri Graham City Attorney Scott Cochran Finance Director Toni Jo Howard Georgia Municipal Association and Georgia Trend Magazine 2003-2004 "City of Excellence" Urban Land Institute's 97 Award of Excellence for the Best Public Project APPENDIX "1" TO EXHIBIT "A" RESOLUTION NO. 2013-03 A RE SOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF SMYRNA, GEORGIA AUTHORIZING CONDEMNATION OF A TRACT OF LAND CONSISTING OF A PORTION OF PROPERTY KNOWN AS 4015 GREENFOREST PARKWAY, SMYRNA GEORGIA AND LOCATED IN LAND LOT NO. 413 OF THE 17TH LAND DISTRICT OF COBB COUNTY, GEORGIA BY DECLARATION OF TAKING METHOD PURSUANT TO THE PROVISIONS OF O.C.G.A. § 32-3-4 et seq. WHEREAS, Section 4 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated and following sections authorize the City to file a condemnation proceeding in Cobb County Superior Court under a method known as declaration of taking to acquire private property interests for public road or transportation purposes upon payment of just and adequate compensation therefore to the person or persons entitled to such payment upon the Council's finding that circumstances are appropriate for the use of said method; and WHEREAS, the City Council of the City of Smyrna, Georgia ("Council") finds and believes th at circumstances are appropriate for the use of the declaration of taking method to acquire property for public road or transportation purposes. Said tract is owned by Angelo &Rosanna Masi and is acquired for one or more of the reasons set forth in O.C.G.A. § 32-3-4, including a desire in the interest of justice to have judicial ascertainment of any and all questions connected with the condemnation. NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the Council that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking method on that tract of land known as a portion of 4015 Green forest Parkway, Smyrna, Ga owned by Angelo & Rosanna Masi, located in Land Lot 408of the 17th Land District in Cobb County, Georgia. BE IT FURTHER RESOLVED AND ORDERED,that legal counsel for the City of Smyrna, Georgia is authorized and directed to file such proceedings and the Mayor is authorized to execute this Resolution and Order on behalf of the full Council, a declaration of taking, and any other documents necessary to effectuate same. SO RESOLVED thiss'day of May 2013 The City of Smyrna By Max Bacon, Mayor ATTEST BY: �!/LZ�, Terri Graham,City Clerk APPENDIX"2" TO EXHIBIT"A" Legal Description for Permanent Drainage Easement Through the Property of Angelo & Rosanna Masi All that tract or parcel of land lying and being in Land Lot 408 of the 17th District, 2"d Section, Cobb County, City of Smyrna, Georgia and being more particularly described as follows: COMMENCING at the intersection of the northeasterly right-of-way of Reed Road (Apparent 50' Right-of-Way) with the southerly right-of-way of Greenforest Parkway (Apparent 50' Right-of- Way); THENCE, leaving the right-of-way of Greenforest Parkway and southeasterly along the northeasterly right-of-way of Reed Road for 354 feet, more or less,to the POINT OF BEGINNING. THENCE, from the POINT OF BEGINNING and leaving said northeasterly right-of-way of Reed Road on a bearing of North 53 degrees 29 minutes 52 seconds East,for a distance of 35.68 feet to a point; THENCE, South 37 degrees 16 minutes 58 seconds East, a distance of 34.06 feet to a point; THENCE, South 53 degrees 29 minutes 52 seconds West, a distance of 7.54 feet to a point in the centerline of a creek and the common property line of Douglas E Legg; THENCE, along the centerline of said creek and common property line on a bearing of North 75 degrees 48 minutes 40 seconds West, a distance of 22.22 feet to a point; THENCE, continuing along said creek centerline and common property line on a bearing of South 54 degrees 17 minutes 15 seconds West, a distance of 10.69 feet to a point on the northeasterly right-of-way of Reed Road; THENCE, leaving the centerline of said creek and common property line, and following the northeasterly right-of-way of Reed Road on a bearing of North 49 degrees 26 minutes 59 seconds West, a distance of 17.16 feet to the POINT OF BEGINNING. The herein described permanent drainage easement contains 819 Square Feet or 0.02 Acre of land, more or less. The above described property is subject to any and all Easements, Encumbrances and or Restrictions of record. APPENDIX"2" (Continued) Legal Description for: Temporary Drainage Easement Through the Property of Angelo & Rosanna Masi All that tract or parcel of land lying and being in Land Lot 408 of the 17th District, 2"d Section, Cobb County, City of Smyrna, Georgia and being more particularly described as follows: COMMENCING at the intersection of the northeasterly right-of-way of Reed Road (Apparent 50' Right-of-Way) with the southerly right-of-way of Greenforest Parkway (Apparent 50' Right-of- Way); THENCE, leaving the right-of-way of Greenforest Parkway and southeasterly along the northeasterly right-of-way of Reed Road for 354 feet, more or less, to the POINT OF BEGINNING. THENCE, from the POINT OF BEGINNING and continuing northwesterly along the northeasterly right-of-way of Reed Road on a bearing of North 49 degrees 26 minutes 59 seconds West, a distance of 80.07 feet to a point; THENCE, leaving said right-of-way of Reed Road on a bearing of North 45 degrees 00 minutes 00 seconds East, a distance of 14.34 feet to a point; THENCE, South 76 degrees 59 minutes 58 seconds East, a distance of 133.01 feet to a point; THENCE, South 38 degrees 32 minutes 18 seconds East, a distance of 28.61 feet to a point in the centerline of a creek and common property line of Douglas E Legg; THENCE, along said centerline of creek and common property line of Douglas E Legg on a bearing of South 62 degrees 23 minutes 09 seconds West, a distance of 16.10 feet to a point; THENCE, continuing along said centerline creek and common property line on a bearing of South 67 degrees 46 minutes 21 seconds West, a distance of 37.07 feet to a point; THENCE, continuing along said centerline creek and common property line on a bearing of North 75 degrees 48 minutes 40 seconds West, a distance of 5.04 feet to a point; THENCE, leaving the creek on a bearing of North 53 degrees 29 minutes 52 seconds East, a distance of 7.54 feet to a point; THENCE, North 37 degrees 16 minutes 58 seconds West, a distance of 34.06 feet to a point; THENCE, South 53 degrees 29 minutes 52 seconds West, a distance of 35.68 feet to a point on the northeasterly right-of-way of Reed Road and the POINT OF BEGINNING. The herein described temporary drainage easement contains 5,104 Square Feet or 0.12 Acre of land, more or less. The above described property is subject to any and all Easements, Encumbrances and or Restrictions of record. APPENDIX"2" (Continued) METES AND BOUNDS 1 S5529`52"W 35.68' 2 S37'16'58"E 34.06' 3 S53'29'52"W 7.54' 4 N75'48'40"W 22.22' 5 554'17'15"W 10.69' NN 6 1149'26'59"W 17.16' TO GREENFOREST PKWY 7 N49'24'29"W 80.07' 8 N45'00'00"E 14.34' 9 S76`59'58"E 133.01' 10 S38'32'18"E 28.61' 8 11 562'23'09"W 16.10' 12 S67'46'21"W 37.07' t1 1 ` , 9 13 N75'48'40"W 5.04' 1 1 1 1 ‘ \ \ ' \ \ \ \ \ \ ' \C) A \ , 0, , , , \ , , NcPOB • 1 \ • ♦ D 12 To CREEK •rte N/F vx0o.. DOUGLAS E. LEGG v • • /7 N LL 408 — 407 y Sx PROPERTY LINES 0 15 30 60 ——----— PERMANENT DRAINAGE EASEMENT TEMPORARY DRAINAGE EASEMENT SCALE IN FEET cnoirEngineers Sketch of Drainage Easement Planners Required by The City of Smyrna PERMANENT DRAINAGE EASEMENT 819 SQ. Fr. ENGINEERING Surveyors through the Property of: 200 KORIH COBB PARKWAY, 53,00, 400,SURE 413 Angelo 8C Rosa n n o Masi TEMPORARY DRAINAGE EASEMENT 5104 SQ. FT. HARICTIA,Y, 30062 PHONE:(170)971-5407 TAN,(770)971-000 INIT{AL ISSUE 11/05/12 Located in the 2nd Sec, Dist.17, PERMANENT DRAINAGE Land Lot 408 /IF EASEMENT R�ViSIC3N DAT5 TEMPORARY DRAINAGE City of Smyrna, ����EASEMENT 4015 Greenforest Pkwy. Cobb County, Georgia