06-17-2013 June 17, 2013 Mayor and Council Minutes SMY-NA
GEORGIA
2800 King Street
City of Smyrna Smyrna, Georgia 30080
Meeting Minutes - Final
City Council
Council Chambers
Monday, June 17, 2013 7:30 PM
Call to Order
Presiding Officer Mayor Max Bacon called the meeting to order at 7:30
Present: 6- Councilmember Melleny Pritchett, Councilmember Teri Anulewicz,
Councilmember Charles Welch, Councilmember Susan Wilkinson,
Councilmember Wade Lnenicka and Councilmember Ron Fennel
Absent: 1 - Councilmember Andrea Blustein
Also Present: 14- Scott Cochran, Terri Graham, Jennifer Bennett, Chris Addicks, Kay Bolick,
Steve Ciaccio, Toni Jo Howard, Jason Lanyon, David Lee,Tammi Saddler
r Jones, Ken Suddreth, Scott Stokes and Eric Taylor
1. Invocation and Pledge:
The Mayor introduced Pastor Jim Payne of Crosspoint Encuentro Church, who
led all in the invocation and pledge to the flag.
2. Agenda Changes:
A motion was made by Councilmember Fennel, seconded by Councilmember
Welch, to suspend the rules to add items to the agenda. The motion carried by
the following vote:
Aye: 6 - Councilmember Pritchett, Councilmember Anulewicz, Councilmember
Welch, Councilmember Wilkinson, Councilmember Lnenicka and
1 Councilmember Fennel
Approval to add items to the Consent Agenda
A motion was made by Councilman Welch and seconded by Councilwoman
Anulewicz that the following items be added to the Consent Agenda:
1. Approval of Resolution R2013-05 to extend the emergency 911 surcharge
and authorize the Mayor to sign and execute all related documents
2. Approval of Resolution R2013-06, Renewal of SunTrust Corporate Resolution
and certificate of incumbency
The motion carried by the following vote.
Aye: 6 - Councilmember Pritchett, Councilmember Anulewicz, Councilmember
Welch, Councilmember Wilkinson, Councilmember Lnenicka and
Councilmember Fennel
City of Smyrna June 17,2013
3. Mayoral Report:
The Mayor noted that it was his granddaughter's birthday.
He stated for the record that Councilwoman Blustein was absent due to an
Illness.
4. Land Issues/Zonings/Annexations:
Public Hearing - Zoning Request Z13-010 - Zoning amendment to
modify the currently approved site plan - Land Lots 332, 333, 388, 389
& 390, 34.6 Acre Tract - Southeastern Corner of East/West Connector
and Fontaine Road - Ashton Atlanta Residential, LLC
Sponsors: Fennel
Mr. Taylor provided the background that the property had been annexed and
was rezoned on April 17, 2006. He noted that the applicant was proposing an
alternate site plan that would result in the reduction of lots, a decrease in
density and an increase in minimum lot size. Mr. Taylor advised that staff
recommended approval.
The Mayor announced the public hearing and called for public comment. There
was none.
Mr. Suddreth delivered a presentation on the request, modifications and
stipulations. He noted that the property would be R12 conditional and
displayed the zoning map and site plans. Mr. Suddreth advised that there ..,�
would be a reconfiguration of the road network and that the lots originally
planned to face Fontaine Rd. had been eliminated. Floor plans and elevations
were discussed, with Mr. Suddreth reading aloud the modified wording for
standard condition #4. He highlighted the details of the allowable setbacks,
advised on tree issues and stated that stipulation #23 was new and tied to the
current hearing. There was a general review of stipulations and Mr. Suddreth
stated that staff had reviewed the request and recommended approval.
Councilman Fennel confirmed that the applicant had expressed agreement and
called on the applicant to be heard. The Mayor announced the public hearing
and asked all those wishing to give testimony to be sworn in.
Mike Busher, VP of land acquisition and development requested clarification
on stipulation #1 regarding hardi plank, stating his concerns that this
restriction made properties less marketable. There was discussion about the
intent of stipulation #1 and that the rear of the homes facing Fontaine would
likely be obstructed by a wide landscape buffer.
Councilman Lnenicka advised that standard stipulation #1 had been instituted
by the previous Council to address homes being built with one sided
architecture. He advised that it was not meant to apply to interior streets and
1 that the intent was based on experience and citizen request to improve the
$ appearance of neighborhoods. There was discussion about designs that
appealed to potential home buyers. The Mayor expressed that he was glad to
see work progressing at the site and remarked on the positive quality track
record of the developer.
The applicant stated that they had supplied staff with renderings of the front
and rear for every home and were willing to work with staff to accommodate
City of Smyrna June 17, 2013
details. Councilman Lnenicka opined that the standardrequirements should be
consistent and made known his desire to avoid settinga negative precedent.
Mr. Suddreth noted that the language could be modified and there was
discussion with the City Attorney about how best to proceed. Councilman
Lnenicka noted his desire to retain stipulation#1 in order to protect home
values and resale potential. He agreed to modification of the existing wording
to include 50% verbiage and Mr. Suddreth read aloud the proposed change.
Current owner Mark Shaw shared that the property was originally zoned in
2006 and stated that he would like approval of the plan under consideration to
not negate the previous site plan. He advised that the sale to the developer
was contingent upon approval of the zoning request. Mr. Shaw requested that
he retain permission to proceed with either plan based on the outcome of the
sale. Councilman Fennel stated that the original plan had already been
approved and remarked on the applicant's request to reduce the number of
homes and decrease density. Councilman Lnenicka asked if the motion could
tie approval to the purchase by the applicant.
Mr. Cochran remarked on the importance of not establishing a contractual out
through this zoning process and simultaneously ensuring the owner's ability
to build either site plan in the event the sale fell through. The applicant
commented that the owner's concern about being obligated to the Ashton
Woods site plan was understandable. There was discussion about requiring
approval of the rezoning subject to the sale taking place within 12 months from
the date of approval.
A motion was made that Zoning Request Z13-010 -Zoning amendment to
modify the currently approved site plan - Land Lots 332, 333, 388, 389& 390,
34.6 Acre Tract -Southeastern Corner of East/West Connector and Fontaine
Road -Ashton Atlanta Residential, LLC be approved with the following
amendments:
1) Add phraseology 50% maximum hardi plank to standard condition #1
2) That the entire zoning be subject to the transference of the property from
the current owner to Ashton Atlanta Residential, LLC within 12 months from
the current date. In the event the property did not transfer within 12 months the
zoning would revert to the originally approved site plan.
Standard Conditions
(Requirement#2, 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 50% hardy plank siding.
The residences whose lots abut external roadways shall not be permitted to
utilize more than 50% hardy plank for any elevation facing these roads.
2. There shall be protective 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 developer shall provide at least 200 square feet of common space per
lot. This common space shall be developed with improvements for the
residential subdivision such as: gazebos, fountains, recreational/playground
equipment or walking trails. The common space shall be controlled and
City of Smyrna June 17,2013
maintained by the Homeowners Association.
4. The stormwater management pond shall be placed and screened
appropriately to be unobtrusive to the homes inside and outside the
development. Water Quality is to be addressed in accordance with the Georgia
Stormwater Management Manual (GSMM). The Stormwater Management
Plan/Report shall comply with the City of Smyrna ordinance and is to be
reviewed and approved by the city Engineer.
5. All utilities within the development shall be underground.
6. 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.
7. The developer shall install a deceleration lane at the main entrance for the
subdivision. The deceleration lane shall have a minimum length of 150' with a
50' taper.
8. A strip of brick pavers or stamped concrete shall be installed on the street at
the subdivision entrance for a minimum distance of 20 feet.
9.The development of any streets (including private) shall conform to the
City's standards for public right-of-ways.
10. No debris may be buried on any lot or common area.
11. 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-cutoff lighting".
12. The developer will comply with the City's current tree ordinance (unless
noted elsewhere). All required tree protection measures shall be adhered to by
the developer during construction.
13. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
14. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
Special Conditions
15. Minimum floor area shall be 2,200 square feet.
16. The shared driveways off of Fontaine Road shall be one-way. Per the Fire
Marshall, rear alley pavement width shall be 20' to provide adequate fire truck
access to the rear of each unit. The minimum curbline radius at the
intersection of roads and rear alleys shall be 25'
17. A 20' landscape buffer shall be provided along the East-West Connector.
This buffer may be either disturbed or undisturbed as the discretion of the
Community Development Director and City Arborist.
City of Smyrna June 17,2013
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18. The applicant shall provide a guard rail at the end of North Cooper Lake
) Road.
i
1 r
19. The development shall maintain the following setbacks:
Front -22' from back of curb
?' Side-3' (Minimum 15' Between Houses)
Rear-20'
Driveway- 22' minimum length from building face to right-of-way
P
i 20. In accord with the traffic study submitted by the applicant, the developer
t shall be responsible for the costs and right-of-way dedications necessary to
t construct a northbound right turn lane at the intersection of Fontaine Road and
the E-W Connector.
I 21. Gate entrances shall include adequate space to safely stack three
automobiles. A turnaround shall also be provided to allow visitors who are
denied entrance in to the subdivision a way to enter the exit lane. The
developer will install an emergency gate access system, subject to approval by
the City Fire Marshall.
22. All single-family residential lots shall provide the following at the time of ,
certificate of occupancy: either two 3" caliper trees or one 2" caliper and one
4" caliper trees. The following species of trees may be used: Nuttall Oak,
Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may
be used if approved by the City.
23. Approval of zoning amendment is subject to the general site plan submitted
to the Mayor and Council during the April 17, 2006 public hearing and subject
to the modified general site plan submitted May 10, 2013 as an alternate. Staff
shall have the flexibility to approve relatively minor changes in the plan during
the plan approval process without requiring approval by the Mayor and
Council.
24. Mitigation of the encroachment into the 50' undisturbed stream buffer and
the 25' impervious surface area setback must be provided at a rate of 1:1
elsewhere on site along the same stream. A separate mitigation site plan must
be submitted for approval prior to issuance of a land disturbance permit.
The motion carried by the following vote:
Aye: 6- Councilmember Pritchett, Councilmember Anulewicz, Councilmember
Welch, Councilmember Wilkinson, Councilmember Lnenicka and
Councilmember Fennel
5. Privilege Licenses:
The Mayor stated that there were none.
6. Formal business:
Mayor and Council approve the abandonment and conveyance of
Right of Way property as described in the attached legal description
and as depicted on a boundary survey of North Cooper Lake Road
dated March 3, 2013 and being shown as a 40 foot right of way parcel
r containing 1.39 acres (60,494 sq. ft.) as part of a zoning request for
the property located on the southeast corner of Fontaine Road and
East West Connector.
Sponsors: Fennel
City of Smyrna June 17,2013
I
Mr. Taylor explained that the roadway through the center of the property was
not currently in use and that negotiations to abandon and convey over the
road for the use of development were being pursued.
Councilman Fennel noted that a single owner possessed both sides of the
roadway and that the applicant was seeking to include the road as part of
major project. Councilman Lnenicka inquired if the owner, Mr. Shaw, had plans
to remove the asphalt and create more pervious surfaces. Mr. Shaw explained
that most of the road runs through what will become existing lots and would
be removed. The Councilman raised concerns about the portion close to the
creek and bridge. The owner stated that also would be removed. Mr. Shaw
noted that dumping had taken place there over the years and requested
consideration of assistance in clean-up efforts.
A motion was made by Councilmember Fennel, seconded by Councilmember
Lnenicka, that this Conveyance be approved. The motion carried by the
following vote:
Aye: 6- Councilmember Pritchett, Councilmember Anulewicz, Councilmember
Welch, Councilmember Wilkinson, Councilmember Lnenicka and
Councilmember Fennel
7. Commercial Building Permits:
The Mayor stated that there were none.
8. Consent Agenda:
Approval of the Consent Agenda
A motion was made by Councilmember Lnenicka, seconded by
Councilmember Pritchett, to approve the Consent Agenda. The motion carried
by the following vote:
Aye: 6 - Councilmember Pritchett, Councilmember Anulewicz, Councilmember
Welch, Councilmember Wilkinson, Councilmember Lnenicka and
Councilmember Fennel
Approval of June 3, 2013 Mayor and Council Meeting Minutes
This Minutes was approved.
Approval of the revised Personnel Policy EMP 11-0 Incentive
Proficiency Pay and authorize Mayor to execute related documents
Sponsors: Lnenicka and Bolick
This Authorization was approved.
Approval of resolution R2013-05 extending the emergency 911
surcharge.
This Resolution was approved.
Renewal of SunTrust Corporate Resolution R2013-06 and certificate
of incumbency.
This Resolution was approved.
City of Smyrna June 17, 2013
9. Committee Reports:
Councilwoman Pritchett advised that technical difficulties that prevented the
Council meeting of June 3rd from being available online had been corrected
and that the proceedings were now available. She commended the efforts of
the City Clerk and discussed preventative measures in place to avoid similar
occurrences in the future. The Councilwoman encouraged local businesses to
contact the City's purchasing department if they were interested in
participating in bids.
Councilwoman Anulewicz reminded all that Food Truck Tuesdays were going
strong and that the lineup and weather forecasts were available on the City's
facebook feed. She advised that the next summer concert would be on July
13th.
Councilman Welch called on Scott Stokes, who offered a report on Public
Works. Mr. Stokes shared clean-up efforts following the recent storm and
announced that the Belmont Hills connector was nearly complete. He offered a
status update on the Concord Rd. widening project and stated that the Ward
St. improvement would be going out to bid. Mr. Stokes relayed the status of
water main replacements, landscaping, storm sewer and drainage projects
throughout the City. Councilman Welch reminded all to participate in the Fresh
Market and upcoming Adopt a Mile. He shared that the community garden still
had plots available.
Councilwoman Wilkinson called on Mary Moore, who remarked on the success
of the summer reading program. She made known the special events taking
place at the library, including a visiting author and a recycled art contest.
Councilman Lnenicka commented on the amount of positive citizen feedback
he received about the recent summer concert and thanked staff for their efforts
in hosting the event. He announced that the Veteran's committee was seeking
additional volunteers and asked those interested to contact him.
Councilman Fennel called on Chief Lanyon, who discussed the car seat
inspection program offered through the fire department. He reminded all that
appointments were required and provided details. There was discussion about
car seat laws and statistics. Chief Lee advised that the citizen's police
academy was underway and commented on the positive impact of the
program. He shared that the first gun safety seminar had been conducted and
that the trail safety course was being postponed in order to incorporate a bike
safety component. There was discussion about the Silver Comet Trail and the
Mayor requested clarification on whether any portion of the trail was under the
jurisdiction of the City. Chief Lee advised that the City had conducted its first
promotion ceremony at Brawner Hill and announced a new hire.
Councilman Fennel stated his appreciation of the efforts of the police force
and commended them on the success of the new DUI task force. The
Councilman commented on the project being conducted by the scout and
acknowledged audience member Doug Stoner.
There were no further reports
r10. Show Cause Hearings:
The Mayor stated that there were none.
City of Smyrna June 17, 2013
11. Citizen Input:
Greg Martin of 2568 Highland Ave. thanked the police department for their
rapid response and prompt conclusion of his burglary case.
Alex Backry of 3459 Shawnee Trl. questioned the need for a water rate
increase. Mr. Backry commented on the Mayor's role as campaign manager for
Bob Barr and stated that he would like to see more new businesses in the City.
Larissa Edwards of 304 Hickory Springs introduced herself as the Messiah and
called for world-wide peacemaker leadership. She remarked on the presidency.
Mary Kirkendoll of 1078 Oakview Dr. referenced minutes from the DDA and
commented on the status and development plans for the former Hickory Lakes
property. She shared live/work projects taking place in other parts of Atlanta
and expressed her desire to see similar ventures in Smyrna.
The Mayor thanked local business Dogma and commended their work. He
wished his granddaughter a happy birthday.
12. Adjournment:
The Mayor declared the meeting adjourned at 8:51 p.m.
..ewwr
City of Smyrna June 17, 2013
I�_
f une 17. 2013 [MAYOR AND COUNCIL MEETING]
A. MAX BACON, MAYOR TERRI GRAHAM, CITY CLERK
MELLENY PRITCHETT,WARD 1 ANDREA BLUSTEIN, WARD 2
{
1JiiJ. • 0 . k) .0Lk
T I - LEWICZ, RD 3 CHARLES A.WELCH, WARD 4
SUSAN WILKINSON,WARD 5 WADE S. LNENICKA, WARD 6
RON " NNEL, WARD 7
RESOLUTION No. R2013-05
EMERGENCY 911 TELEPHONE SERVICE
WHEREAS, the City of Smyrna is operating an enhanced 911 system which
facilitates the dispatching of emergency services to the residents of Smyrna; and
WHEREAS, the City of Smyrna has imposed and collected a monthly 911 charge
of$1.50 from telephone subscribers within the area served by such system; and
WHEREAS, the City of Smyrna has established a separate restricted revenue fund
into which the 911 charges are deposited; and
WHEREAS, these funds alone are not sufficient to pay for the operation of the
enhanced 911 system; and
WHEREAS, the City of Smyrna must annually reaffirm the need for the $1.50
«— 911 charge on telephone subscribers;
NOW, THEREFORE, BE IT RESOLVED that the City of Smyrna City Council,
by resolution, reaffirm the necessity for the $1.50 911 charge on telephone
subscribers served by the enhanced 911 system for the fiscal year.
Passed this 17th day of June, 2013.
A. Max Bacon, Mayor
ATTEST:
Terri Graham City Clerk
MUM
Reywhlti0n No. R2013-06
CORPORATE RESOLUTION AND CERTIFICATE OF INCUMBENCY
(Coma a I Credit Card Account)
L Terri A. Graham, hereby certify /hm | um the City Clerk and custodian of the records of the City of
S�nynou, a corporation duly organized and existing under the laws of Georgia; that the following is a
true and correct copy of certain resolutions duly adopted by the Board of Directors of said corporation at
a meeting held. on the 17* day o[Ja!e,. 2013. at which a quorum was present; and that the following
resolutions are in conformity with Uu charter and by-laws of said corporation and have not since been
rescinded mmodifind.
RESOLVE!), that this corporation uxu into a commercial credit card account relationship with
Sun Trust 13ankCard, N.A. ("Bank"): that any one of the officers of this corporation listed below be and
is hereby authorized to enter into, execute mid deliver in the name of and on behalf of the corporation
the agrucnomos, documents or other instruments deemed reasonable or necessary to establish the
commercial credit card account relationship with Bank; and that ihis corporation shall be bound by the
terms and conditions of said agreeinera , d eumellts or other instrullients,
RESOLVED FURTHER., that the rwp.'mbm`shall furnish on Bank a certified copy of these nsoluViuoo,
which resolutions shall continue in full force and effect until written notice of the rescission
modification of the same has been recur hy Bank, and to furnish said Bank the names and specimen
signatures of the officer(s) named herein, and such persons from 6me to time holding the above
positions.
I hereby certify that the {oUnrvin! um the num,s and specimen signatures of the officer(s) listed in the
foregoing resolutions and that each pie eiit lv holds the title indicated therein:
Name Title Sigva
A, Ma2s Bacon Mayor
NcOcoyPhtchet1 Mavm Pm Tem t L.11 �y
Tod&oulcwicz Finance&_ \duiuiiai lion ^
Cn/Vnittee(]`iluIerson
Eric J. Taylor Ci\yA�hliIis!iil!gl �
— 7`~~---------
Terri z\. Graham City Clerk
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said corporation
this \7`''day uf June,2Oi]`
(Corporate Seal)
(legal name of corporation)
By:
(print name)Tcrri A. (khmo
Title; City Clerk
.-