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05-06-2013 May 6, 2013 Mayor and Council Minutes SM GEORGIA . 2800 King Street j City of Smyrna Smyrna, Georgia 30080 i Meeting Minutes - Final City Council Council Chambers Monday, May 6, 2013 7:30 PM I Call to Order Present: 7 - Mayor Max Bacon, Councilmember Andrea Blustein, Councilmember Teri Anulewicz, Councilmember Charles Welch, Councilmember Susan Wilkinson, Councilmember Wade Lnenicka and Councilmember Ron Fennel Absent: 1 - Councilmember Melleny Pritchett Also Present: 6 - Jennifer Bennett, Terri Graham, Jessica Melton, Russell Martin, Ken Suddreth, Dan Campbell and Tammi Saddler Jones 1. Invocation and Pledge: i The Mayor called on Jason Davis of Smyrna Presbyterian Church, who conducted the invocation and led all in the pledge to the flag. 2. Agenda Changes: : The Mayor announced that there were several changes and listed them. . Mayoral Report: A. 2013-187 Announcement of Smyrna Food Truck Tuesdays The Mayor called on Jennifer Bennett,who announced the start of Smyrna Food Truck Tuesday and listed the trucks to attend the opening event. She provided contact information for vendors wishing to participate and the Mayor I stated that the length of the event had been reduced to 21 weeks. B. 2013-159 Proclamation in Recognition of National Prevention Week (May 12-18, 1 2013) and Underage Drinking Prevention Day (May 14, 2013) Sponsors: Fennel I` The Mayor noted that Councilwoman Pritchett was not present and called on Councilman Fennel to read aloud the proclamation and recognition of National Prevention Week. Councilman Fennel shared that he had been the Chairman City of Smyrna May 6.2013 for TEAM Georgia and presented the proclamation to Laura Searcy (Cobb Alcohol Task Force) and Dick Cottrill (Hope Recovery Homes). C. 2013-160 Proclamation in Recognition of Norton Park Elementary School Celebrating 50 Years Sponsors: Wilkinson The Mayor announced the proclamation in recognition of Norton Park Elementary School celebrating 50 years. He called on Councilwoman Wilkinson, who read aloud the proclamation and presented it to Principal Doug Dougherty and Assistant Principal Jeff Mosley. 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 Matthews Street SE. Sponsors: Anulewicz Mr. Taylor stated that the request for annexation was 100% and that the owners at 2761 Matthews St. had indicated their desire to come into the city limits. Mr. Taylor shared that a notice of non-objection had been received from the County and Councilwoman Anulewicz expressed her support for the annexation. It was noted that the annexation would be effective June 1, 2013. A motion was made by Councilmember Anulewicz, seconded by Councilmember Blustein, that Ordinance # 2013-06 for annexation request (100% of owners requesting annexation) - Land Lot 632, 0.30 Acre, Parcel # 17063200320, 17th District, 2nd Section Cobb County - 2761 Matthews Street be approved. The motion carried by the following vote: Aye: 6 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel B. 2013-169 Approval of a final plat to split the subject parcel at 3713 King Springs Road into three (3) residential lots - 2.10 Acre Tract - 3713 King Springs Road - Atlanta Signature Homes, Inc Sponsors: Lnenicka A motion was made by Councilmember Lnenicka, seconded by Councilmember Fennel, that this Authorization of a final plat to split the subject parcel at 3713 King Spring Road into three (3) residential lots - 2.10 Acre Tract - 3713 King Springs Road Atlanta Signature Homes, Inc. be withdrawn without prejudice. The motion carried by the following vote: Aye: 6 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilrnember Fennel C. V13-013 Public Hearing - Variance Request - V13-013 - Appeal the decision of the License and Variance Board to allow accessory structure in front yard - 5.36 acres - Land Lot 346 - 2500 South Cobb Drive - Cobb Icehouses Inc. City of Smyrna May 6. 2013 Sponsors: Wilkinson The Mayor confirmed that the applicant was present and called on Mr. Taylor, who advised that the request had been heard before the License and Variance Board on March 27, 2013. Mr. Taylor explained that the applicant was seeking to place an automated ice vending machine in the parking lot. He stated that, I per the City's ordinance, all accessory structures were required to be located at the rear of the building. The Mayor announced the public hearing and called for comment. There was none. Mr. Suddmth delivered a summary of the request, displaying the subject property and elevations. He stated that staff recommended upholding the License and Variance Board decision to avoid setting a negative precedent. Applicant Beau Wilson was sworn in and Councilwoman Wilkinson made known that based on Community Development's findings she was recommending denial. She advised that Council was considering the option to revise the ordinance to address accessory structures more comprehensively. Mr. Wilson shared that this structure would be the first and outlined the business model. Councilman Welch commented on the proposed appearance of the building and confirmed that the applicant would be agreeable to working with staff to identify fascia standards. The Mayor expressed his support of the concept and advised that it was the first of its kind in the City. Councilwoman Blustein shared that she had only seen such structures at the beach and inquired if a study to determine local need had been conducted. Mr. Wilson shared that the dense population and high traffic count was conducive to success of that business model and noted the minimal overhead. { 1 Councilwoman Wilkinson asked how ice houses received their water supply and the applicant responded that water and electricity were separately metered with optimal line placement underground. Councilman Fennel also noted his concerns regarding water and electricity, advising that current zoning did not allow for outparcel use. He inquired if the company expanded there would be a minimum separation distance and Mr. Wilson confirmed it would be at least three miles. Councilman Fennel emphasized the need to anticipate impact of P changes to the ordinance. r The Mayor confirmed that the applicant would be willing to provide input for staff evaluating the zoning ordinance to consider these types of structures. A motion was made by Councilmember Wilkinson, seconded by Councilmember Anulewicz,that the request to appeal the decision of the License and Variance Board to allow accessory structure in front yard -5.36 acres - Land Lot 346 - 2500 South Cobb Drive - by Cobb Icehouses Inc. for a 1 variance request for V13-013 be denied. The motion carried by the following vote: 1 Aye: 6 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and r 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 - ICity of Smyrna May 6. 2013 I i i . i t 1026 Concord Road - Durwood Pierce - Item to be withdrawn at the request of the applicant. Sponsors: Welch mm i ' A motion was made by Councilmember Welch, seconded by Councilmember Fennel, that this Zoning request request Z13-003 - Rezoning from Limited Commercial to General Commerical -0.5 Acre Tract- Land Lot 452- 1026 Concord Road - Durwood Pierce be withdrawn without prejudice. The motion carried by the following vote: Aye: 6 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 5. Privilege Licenses: The Mayor stated that there were none. 1 6. Formal business: A. 2013-172 Approval of Ordinance 2013-07 suspending all sections mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances. Continuation of suspension to August 19, 2013 Sponsors: Fennel A motion was made by Councilmember Fennel, seconded by Councilmember Lnenicka that Ordinance 2013-07 suspending all sections mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances to authorize the continuation of suspension until August 19, 2013. The motion carried by the following vote: Aye: 6- Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel B. 2013-170 Appointment of Margaret (Maggie) Carr Shannon to the Smyrna Tree Board for term ending August 2016 Sponsors: Lnenicka Councilman Lnenicka announced Maggie Shannon and highlighted her background in design and urban development. He advised that she would be filling a term already in progress; to expire august 2016. A motion was made by Councilmember Lnenicka, seconded by Councilmember Fennel,to authorize the appointment of Margaret (Maggie) Carr Shannon to the Smyrna Tree Board for the remainder of the current term of 4 years ending August 16, 2016 be approved. The motion carried by the following vote: Aye: 6- Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel =mu , C. RES2013-12 Authorize a Resolution and Declaration Of Taking, acquiring 819 sq. ft. City of Smyrna May 6.2013 I of permanent drainage easement and 5104 sq. ft. of temporary drainage easement at 4015 Green Forest Parkway, Reed Road Drainage Improvements. Sponsors: Welch Mr. Taylor advised that the 2011 SPLOST included the replacement of a road culvert that required a portion of the parcel at 4015 Green Forest Parkway. He shared that attempts to negotiate had been unsuccessful. Mr. Taylor stated that staff recommended a resolution of declaration of taking for temporary easement. Councilman Welch advised that he had spoken with the Public Works Director and City Attorney regarding the repair. The Mayor confirmed that all other efforts had been exhausted and the Mr. Cochran announced that the City had offered to pay the appraised amount. A motion was made by Councilmember Welch, seconded by Councilmember Blustein, to authorize a resolution and Declaration Of Taking acquiring 819 sq. ft. of permanent drainage easement and 5104 sq. ft. of temporary drainage easement at 4015 Green Forest Parkway, Reed Road Drainage Improvement project be approved.The motion carried by the following vote: Aye: 6 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7. Commercial Building Permits: The Mayor stated that there were none. Consent Agenda: Mr. Taylor read aloud the consent agenda. A. 2013-157 Approval of April 15, 2013 Mayor and Council Meeting Minutes This Authorization was approved. B. 2013-140 Approval of name change request from Avilas Apartments to Powder Springs Street Apartments in accordance with section 50-30 of the City of Smyrna Fire Prevention Code Sponsors: VVilkinson This Authorization was approved. C. 2013-141 Approval of name change request from The Gardens of Magnolia Trails to Serenity - A New Assisted Living in accordance with section 50-30 of the City of Smyrna Fire Prevention Code Sponsors: Anulewicz This Authorization was approved. D. RFP 13-023 Award REP 13-023 to the low bid for annual audit services Crace Lity of Smyrna May 6.2013 Galvis McGrath in the amount of $28,000 per year and authorize the Mayor to execute any related documents. Sponsors: Anulewicz This Bid/RFP Award was approved. E. 2013-143 Approval of Property/Liability Insurance Renewal with GA Interlocal Risk Management Agency and authorize Mayor to sign related documents Sponsors: Lnenicka A motion was made by Councilmember Welch, seconded by Councilmember Wilkinson, that the consent agenda be approved as presented. The motion carried by the following vote: Aye: 6 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 9. Committee Reports: Councilwoman Blustein announced that she had sent out the first of her periodic email updates and provided details on how to sign up on her website. Councilwoman Anulewicz expressed her enthusiasm about the commencement of Food Truck Tuesdays. She encouraged all to follow the City' s social media outlets for additional details and provided her contact info and facebook feed information. Councilman Welch echoed the excitement about the food truck event and encouraged all to come out. He asked those wishing to receive any email updates from him to contact him. Councilwoman Wilkinson reminded citizens about the parks and recreation master plan survey available on the city website. She advised that the Arthur Bacon golf tournament had been rescheduled for August 3rd and 4th to coincide with the Smyrna Birthday Celebration. She announced that Rebecca Power had begun as the new children's librarian. Councilman Lnenicka thanked the residents of Vinings Glen for inviting him to the HOA. He referenced the public meeting regarding the Atlanta Rd. median and noted that, based on public input, a number of changes were made; including the removal of a landscape median in front of Taylor Brawner Park. He stated that a follow up meeting was scheduled for June 5, 2013 and that notifications would be forthcoming. Councilman Lnenicka reminded all of the Memorial Day ceremony and provided time, location and details, encouraging all to attend. Councilman Fennel reminded all to take the opportunity to thank public safety personnel and commended the exceptional success of the police department under the guidance of Chief Lee. He noted that the Chief was available to meet with citizens groups and would be conducting a gun safety class and implementing the Smyrna citizens police academy. Councilman Fennel announced that the Fire Department had met with the citizens core council to "y of Smyrna May 6.2013 establish community involvement in preparation for emergency circumstances. He stated that the City was committed to providing the tools and knowledge to empower citizens and supplied a quarterly newsletter Mr. Taylor reminded all present that the construction on Concord Rd. was ramping up and noted the potential for varying conditions. He advised of intermittent land closures and provided details; he stated there would be three phases and that updates would be posted on the city website and social media feeds. There were no further reports. 10. Show Cause Hearings: The Mayor stated that there were none. 11. Citizen Input: Mary Kirkendoll of 1078 Oakdale Drive remarked on a quote from the Mayor that people were moving to Smyrna for the schools. She disagreed and provided examples of school rankings that she considered unacceptable. Ms. Kirkendoll cited as a reason that businesses and affluent families did not locate here. She stated that there were not enough restaurant and entertainment venues in the City and that too much focus was placed on Taylor Brawner park. Ms. Kirkendoll asked that the work session meeting be hosted downstairs and include a citizens comment portion. She suggested that the agenda and minutes be visible on the city website and the meetings streamed online. Alex Backry of 3459 Shawnee Trail inquired if the city attorney had a response to his inquiry from the previous meeting. The Mayor noted this was not a question and answer session. Mr. Backry announced that he had contacted the state regarding potential conflict of interest and intended to pursue it at that level. He shared information regarding compensation for land acquisition fees paid to Croy Engineering and recommended that staff already on the payroll be conducting those transactions. Larissa Edwards of 304 Hickory Acres introduced herself as the Messiah and asked to be flock leader. She commented that the only way to achieve God's future was by gaining time; she stated that she alone could accomplish this. She asked that the city leadership agree to join her as peacemakers. 12. Adjournment: The Mayor declared the meeting adjourned at 8:37 p.m. } City of Smyrna May 6. 2013 MAYOR AND COUNCIL MEETING / 1 , , , fm.. MAX BACON, MAYOR TERRI GRAHAM, CITY CLERK 6:: Ple,1 -11,' a;441Afif. fe7'64Xt"' E NY p! HE TT,I ME' L14'- ---in TT WARD 1 ANDREA BLUSTEIN, WARD 2 ' a / 0 I 1 ,I /I b11 TERI ANULEWICZ,t ARD 3 CHARLES A.WEL , '-'t A -.-4- . CH WARD-4 , , . -1 1 a ,, ,,„ ,,,14„,1,,,,...„_ , _,., . , - , N-WARD 5 SUSAN WILKIN 0 , -AADE -S. LNENICKA, WARD 6 , P ',. k__-=4 r..A7. , 411191 ' _ i : /I , , R•0 ENNEL, WARD 7 - , , ' il , - 7, i, '-; , , , , , , ;i , ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number 2013-06 Land Lot 632 Acres 0.30 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; al-I 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 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 6th day of May, 2013. A. Max Bacon, May(,. &..14/1.1'• — Terri Graham,City Clerk City of Smyrna Scott A.Co . ,City • • City of Smyrna ORDINANCE 2013-06 EXHIBIT A All that tract or parcel of land lying and being in Land Lot 632 of the 17th District,2°a Section, { Cobb County, Georgia, and being more particularly described as follows: BE3INNING at a point on the east side of Mathews Street, formerly known as Pinson Street, 660 feet north as measured along the east side of Matthews Street from the intersection of the east side of Matthews Street and the north side of Spring Street; running thence north along the east side of Matthews Street 80 feet to a point;running thence east 200 feet to a point;running thence south 80 feet to a point; running thence west along the property of M.Y. Davenport 200 feet to the point of Beginning. Said property being the same property as that conveyed to Mrs. Lucille Negus by Eunice B. Hale dated November 10, 1972 at Deed Book 1366, page 494,Cobb County Georgia Records. I 1, ,. IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA THE CITY OF SMYRNA Condemnor, * VS. * CIVIL ACTION FILE * NO. The hereinafter described lands * and rights in lands;ANGELO MASI * ROSANNA M. MASI WELLS FARGO BANK Gail Downing, as Tax Commissioner; * KELLI WOLK, as Probate Judge and any and all * others having or claiming any interest in the * described lands, * Condemnees. * DECLARATION OF TAKING WHEREAS,the City Of Smyrna,by and through its Mayor and Council,has made a finding and determination that the circumstances in connection with acquiring property to construct improvements to a public transportation system, are such that it is necessary to acquire the title, estate or interest in the lands as fully described in this Declaration of Taking, by condemnation through the exercise of the power of eminent domain.A copy of the resolution making such finding is attached hereto as Appendix "1" to this Exhibit "A" and made a part hereof'; and WHEREAS, said property is for public transportation purposes upon, across, and over the tract of land in said City, as fully described in the attachment hereto identified as Appendix "2" to this Exhibit "A" and made a part hereof; and EXHIBIT "A" WHEREAS, the City Of Smyrna has caused an investigation and report to be made by a competent land appraiser,upon which to estimate the sum of money to be deposited in the Court as just and adequate compensation for the property,if any,above referred to,a copy of the appraiser's sworn statement being attached hereto, identified as Appendix "3" to this Exhibit"A" and made a part hereof; and WHEREAS,in consequence of such sworn statement,Appendix"3"to Exhibit"A",The City Of Smyrna estimates the sum of$300 as just and adequate compensation to be paid for said property, as fully described in Appendix "2"to this Exhibit"A",attached hereto,and now deposits said sum in the registry of the Court,to the use of the persons entitled thereto; and WHEREAS,in order to maintain a projected schedule of construction it is necessary that the property for the construction of said project be acquired without delay;and WHEREAS,the parcel of property as herein described and listed in the Petition,attachments, or below, are essential for the construction of said project; NOW THEREFORE,the premises considered,The City Of Smyrna,under authority of the laws of Georgia, Official Code of Georgia Sections 32-3-1 through 32-3-19, declares that it is necessary that the property as described in annexes hereto,be acquired by condemnation, and that said property or interest therein as described in appendices hereto and in the petition, is taken for public and governmental purposes,specifically for public transportation purposes,and that the same is necessary for the construction of a transportation project. The City Of Smyrna has authorized the acquisition of the title,estate or interest in the lands described by condemnation under the provisions of law,has exercised its power of eminent domain, and has authorized the filing of condemnation proceedings,to acquire said title,estate or interest in said lands and to deposit in the Court the sum estimated as just compensation,all in accordance with law. Let there be attached hereto as Appendix mumaremmimeak "1"to this Exhibit"A"a copy of the Resolution of the City of Smyrna fording that circumstances are such that it is necessary to proceed in the particular case under the provisions of Article 1,Chapter 3, Title 32, Official Code of Georgia Annotated. This day of May, 2013. THE CITY OF S • By: A.Max Bacon, Mayor ATTEST: f TERRI GRAHAM, CITY CLERK APPENDIX "1" TO EXHIBIT "A" RESOLUTION NO. A R E 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 GREEN FOREST 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 that 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 Angel o & 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 this(pday of May 2013 The City f By: Max Bacon,Ma or ATTEST BY: �,�/1✓I.L �'4L�L 'l '�.� Terri Graham,City Clerk APPENDIX "3" TO EXHIBIT "A" AFFIDAVIT OF BRUCE R. PENN Personally, comes Bruce R. Penn, of Penn Hastings & Associates, 516 5 Tucker, Ga 3 00 8 4 ,who after being sworn, deposes and states as follows: 1. Affiant was employed by the City of Smyrna to appraise a portion of 4015 Green forest Parkway, Smyrna for said City and makes this sworn statement to be used in connection with condemnation proceedings under the Official Code of Georgia Annotated Sections 32-3-4 through 32-3-19, for the acquisition of said property. 2. Affiant is familiar with real estate values in said city and in the vicinity where said property is located. Affiant has personally inspected the property and rights to be condemned. In appraising said property affiant took into consideration the Fair Market Value of said parcel, as well as any consequential damages to any remaining property of the Condemnees by reason of the taking and the use of said parcel, and other rights for the construction of said project, and any consequential benefits which may result to said parcel by reason of such taking and use (consequential benefits not, however, considered except as offsetting consequential damages). After said investigation and research, affiant has thus estimated the just and adequate compensation for said parcel, and any consequential damages or benefits considered, is in the amount of$300. Bruce R.Penn Certified General Appraiser Certification CG000228 Sworn to and subscribed before me this day of May, 2013. Notary Public APPENDIX "3" TO EXHIBIT "A" AFFIDAVIT OF BRUCE R. PENN Personally, comes Bruce R. Penn, of Penn Hastings & Associates, 5 16 5 Tucker, Ga 3 0 0 84 ,who after being sworn, deposes and states as follows: 1. Affiant was employed by the City of Smyrna to appraise a portion of 4015 Green Forest Parkway, Smyrna for said City and makes this sworn statement to be used in connection with condemnation proceedings under the Official Code of Georgia Annotated Sections 32-3-4 through 32-3-19, for the acquisition of said property. 2. Affiant is familiar with real estate values in said city and in the vicinity where said property is located. Affiant has personally inspected the property and rights to be condemned. In appraising said property affiant took into consideration the Fair Market Value of said parcel, as well as any consequential damages to any remaining property of the Condemnees by reason of the taking and the use of said parcel, and other rights for the construction of said project, and any consequential benefits which may result to said parcel by reason of such taking and use (consequential benefits not, however, considered except as offsetting consequential damages). After said investigation and research, affiant has thus estimated the just and adequate compensation for said parcel, and any consequential damages or benefits considered, is in the amount of$300. Bruce R. Penn Certified General Appraiser Certification CG000228 Sworn to and subscribed before me this day of May, 2013. Notary Public ORDINANCE NO. 2013-07 AN ORDINANCE BY THE CITY OF SMYRNA,GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, THAT SECTIONS REQUIRING ELECTRONIC RECORDS, OF ARTICLE III, CHAPTER 22, PAWNBROKERS BE AMENDED AS FOLLOWS: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Sections mandating use of electronic records within Article III, Chapter 22 of Pawnbrokers of the Code of Ordinances of the City of Smyrna, Georgia, be suspended until August 19, 2013. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any r.m 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 6th day of May,2013 Attest: A. Max Bacon, ayor Terri A. Graham, City Clerk City of Smyrna Apploved a to form: 1 Scott A. Cochr , ttorney City of Smyrna