06-03-2013 June 3, 2013 Mayor and Council Minutes 1
,
SMYRNA,
rGtORG/A
2800 King Street
City of Smyrna Smyrna, Georgia 30080
Meeting Minutes - Draft
City Council
Council Chambers
Monday, June 3, 2013 7:30 PM
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 - Eric Taylor, Scott Cochran, Terri Graham, Tammi Saddler Jones, Ken
Suddreth and Toni Jo Howard, Dan Campbell
1. Invocation and Pledge:
The Mayor called on Reverend Steven Lyttle from the Smyrna First United
Methodist Church, who conducted the invocation.
Members of attending Boy Scout troops led all in the pledge to the flag.
Councilman Fennel introduced Austin Walker of Boy Scout Troop 11,
presenting him with a flag to be retired.
The Councilman recognized Michael Bell of Boy Scout troop 74, who shared
that his Eagle Scout project would be to identify gaps in sidewalk inventory.
2. Agenda Changes:
IThe Mayor stated that there were none.
3. Mayoral Report:
4. Land Issues/Zonings/Annexations:
lPublic Hearing - Approval of code amendments to Sections 402 and
) r" 709 of the City's Zoning Ordinance to add non-emergency ambulance
services to the list of permitted uses under the Limited Commercial
zoning district - City of Smyrna
l
City of Smyrna 06-03-2013
Sponsors: Blustein
The Mayor announced the public hearing and asked if the applicant was
present. Mr. Taylor provided the background and advised that the ordinance
was being revised to allow an additional use within the limited commercial
portion and that staff recommended approval. Ken Suddreth delivered a
presentation elaborating on the details of the changes.
Councilwoman Blustein requested a clarification on the title of the agenda
item.
The Mayor stated that Councilwoman Pritchett was out with an illness.
A motion was made by Councilmember Blustein, seconded by Councilmember
Welch, that amendments to Sections 402 and 709 of the City's Zoning
Ordinance to add non-emergency ambulance services to the list of permitted
uses under the Limited Commercial zoning district for the City of Smyrna and
to amend the definition set forth in sections 110-63 and 110-64 of the Smyrna
Code of Ordinances 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. 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 was tabled from the
May 20, 2013 meeting at the request of the applicant.
Sponsors: Fennel
The Mayor advised that this item had been tabled from May 20, 2013 and
announced the public hearing. He called for public comment. There was none.
Mr. Taylor provided the background that the item had been heard by the
Planning and Zoning Board on March 11, 2013 with a 4-0 vote to deny the
application. He explained that staff and the neighborhood communities had
since taken the opportunity to address outstanding issues and that staff
recommended approval.
Councilman Fennel advised that, following meetings with adjacent
homeowners, he was unaware of any further complaints or concerns being
raised. Mr. Suddreth shared the conditions of approval and commented that
certain wording made the intent difficult to enforce. He requested that the
Councilman ask the applicant to further clarify for the record.
Mr. Garvis Sams introduced himself as representing the applicant, who was
out of town. He noted that the developer's engineer was available to respond
to hydrological issues. Mr. Sams reviewed the primary concerns, proposed
rezoning and letters outlining stipulations. He outlined the elevations and
architectural style, noting that it was similar to Westbrook Park. Mr. Sams
made known that the applicant was agreeable to the recommendations of the
City's arborist and would adhere to buffer requirements. He stated that the key
issues were hydrology and storm water management, noting that the
engineering team had reached agreement on the proposed revised site plan.
He elaborated that the applicant was agreeable to constructing sidewalks and
following the recommendations of the fire department.
Mr. Sams requested that the Ward 7 Councilmember, along with Community
ty of Smyrna 06-03-2013
I Development have authority to make minor decisions. He addressed the r
stipulation referenced by Mr. Suddreth as being difficult to interpret. He
explained that the back yards of lots 8-13 would remain in a wooded condition;
rim improvements by future homeowners could be done only if there was no
significant, adverse impact to storm water management. He noted that water
was currently being over detained. Mr. Sams noted that the applicant agreed to
the construction of a decorative fence and offered assurances that all
construction would be conducted in strict compliance with best practices.
Addressed and resolved concerns and ask that zoning be approved.
Councilman Fennel confirmed that the applicant and the adjacent property
owner were agreeable to the wording proposed. He informed all present that
there had been input from adjoining neighbors and that he had personally
walked the property.
Councilman Welch stated it was his understanding that lots 8-13 would be
piped to the streets. He noted that the western property line was also the
western line of the detention pond and there was discussion with Eric Randall
about the location in proximity to the property line.
A motion was made by Councilmember Fennel, seconded by Councilmember
Welch, that 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 be approved with the following stipulations:
Standard Conditions
(Requirements #2, 8, and 17 from Section 1201 of the Zoning Code are not
applicable)
r 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.
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
maintained by the Homeowners Association.
4. 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
to 100-year storm event. The City Engineer shall approve all plans.
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
y of Smyrna 06-03-2013
s
between the back of curb and sidewalk. The grass buffer may be waived if it is
deemed unnecessary by the City Engineer.
7. 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.
8. The development of any streets (including private) shall conform to the
City's standards for public right-of-ways.
9. No debris may be buried on any lot or common area.
10. 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".
11. 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.
12. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
13. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
14. All single-family and/or duplex residential lots shall provide the following at
the time of certificate of occupancy: either four 3" caliper trees or three 4"
caliper trees, unless otherwise approved by the City's Arborist. 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.
Special Conditions
15. The development shall maintain the following setbacks:
Front—15'
Side —0' with a minimum of 15' between buildings
Rear—20' Z13-002 May 29, 2013 Page 7 of 9
16. The development shall be developed with a minimum lot size of 8,100
square feet.
17. The proposed homes shall have a minimum floor area of 2,200 sq. ft.
18. Driveway — 22' minimum length from building face to edge of sidewalk.
Each unit shall have a two-car garage.
19. Each home shall have a fire sprinkler system approved by the City's Fire
Marshal.
20. The developer shall be responsible for the installation and upgrade of all
water and sewer lines.
21. No stormwater management facility or portion thereof shall be located on
any portion of the proposed lots. The stormwater management facilities shall
be solely located on the HOA's property.
City of Smyrna 06-03-2013
22. Mitigation of the±2,631 square foot encroachment into the 25-foot
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.
23. 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 5/23/2013
created by Larry D. Neese.
24. The applicant shall be bound to the elevations submitted and dated
1/11/2013. Approval of any change to the elevations must be obtained from the
Director of Community Development.
25. The additional stipulations agreed upon by the applicant in the letters
submitted and dated on February 4, 2013 and May 28, 2013 by the applicant. If
there should be a discrepancy between the stipulations in the letters and the
stipulations stated above, the stipulations stated above shall apply.
Councilman Lnenicka commended Mr. Sams, the applicant, adjoining property
owners and Councilmen Fennel and Welch for working together to resolve
issues. He expressed his agreement that tabling the item had been the
appropriate action.
The Mayor thanked staff for their efforts.
Councilman Lnenicka noted that there was something wrong with the voting
system and a vote was taken by a show of hands.
The motion carried by the following vote:
Aye: 6 - Councilmember Blustein, Councilmember Anulewicz,Councilmember
Welch, Councilmember Lnenicka and Councilmember Fennel
5. Privilege Licenses:
A. Public Hearing - Privilege License LIC2013-18 - New Application for
alcohol sale of beer (retail pouring) - Wings Cafe Fish & Deli - 821
Concord Road, Suite F - Wesley Kim agent
Sponsors: Welch
Mr. Taylor explained the background of the request and advised that the
applicant had received a copy of the alcoholic beverage ordinance and
attended the mandatory training program. He noted that there was nothing to
preclude issuance of the license and that the applicant agreed to abide by the
city's ordinances.
The Mayor announced the public hearing and called for comment. There was
none.
Councilman Welch inquired of the applicant if he had received and read the
ordinance and if he was aware that the City occasionally conducted sting
City of Smyrna 06-03-2013
operations. Mr. Kim responded in the affirmative.
A motion was made by Councilmember Welch, seconded by Councilmember
Blustein, that Privilege License LIC2013-18 - New Application for alcohol sale
of beer(retail pouring) -Wings Cafe Fish & Deli -821 Concord Road Suite F-
. Wesley Kim agent be approved. The motion carried by the following vote:
Aye: 5 - Councilmember Blustein, Councilmember Anulewicz, Councilmember
Welch, Councilmember Wilkinson and Councilmember Lnenicka
6. Formal business:
A. Appointment of Michael Seagraves to the Planning and Zoning Board,
term to expire December 31, 2014
Sponsors: Welch
A motion was made by Councilmember Welch, seconded by Councilmember
Lnenicka, that the Appointment of Michael Seagraves to the Planning and
Zoning Board for a term to expire December 31, 2014 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. Public Hearing - Adoption of Proposed Budget FY 2014
Sponsors: Anulewicz - -
Mr. Taylor provided the background and advised that this was the second
public hearing. He announced the budget total and general breakdowns,
stating that the budget assumed no millage rate increases and that staff
recommended approval.
The Mayor announced the public hearing and called for comment.
Mary Kirkendoll of 1078 Oakview Dr. commented that business development
lagged residential housing growth in Smyrna, noting that low end housing was
being built. She referred to several discussions that took place in Committee
of the Whole (COW) meetings including: a proposed offer on the former
Hickory Lakes parcel, a discussion about surplus and consideration of an
employee fitness center. She requested that the COW be opened up to the
public.
The Mayor commented that the City had conducted due diligence on
establishing a fitness center, noting potential health cost savings. He advised
that the decision was made not to pursue it and that the building in question
had recently been purchased by a third party seeking to establish new
business in Smyrna. The Mayor stated that the COW meetings have always
been open and encouraged people to attend. He shared the status of several
parcels around the City and remarked that development was progressing
despite challenging economic conditions. He commented on the City's
diligence in caring for taxpayer money and the continuing commitment to -
improve transparency, citing the latest addition of live streaming meetings.
City of Smyrna 06-03-2013
Councilman Fennel commented that he was in favor of broadcasting the COW
and stated it was a public meeting, inviting all to attend. He commented on the
budget, citing that this was the 23rd consecutive year that the City of Smyrna
had not had a tax increase and that Smyrna was the only City in Georgia that
could make that claim. He noted the exceptional growth rate, approved
developments and growth coming out of the recession. The Councilman stated
that staff had assembled a recommended budget that met the obligations and
pursued the goal of becoming the best municipality in Georgia.
Councilwoman Blustein advised that the budget would be available throughout
the year and encouraged all to review the document. Mr. Taylor detailed its
location and Councilwoman Anulewicz stated that a link was available on her
facebook page. She recommended the narrative as being extremely helpful.
The Mayor stated that there were parts of the budget where agreement was not
unanimous but that the consensus was it was optimal.The Mayor remarked on
the comment made by a speaker about housing being on the low end; he noted
the recent zoning for homes in the 350K-450K range.
Councilwoman Anulewicz thanked contributing staff, Ms. Howard, Mr.
Klosterboer and Mr.Taylor for producing a healthy budget. She noted that the
ongoing efforts of every employee allowed the city to avoid furloughs and
layoffs. She remarked on the wellness program and the financial repercussions
of having healthier employees.
A motion was made by Councilmember Anulewicz, seconded by
Councilmember Fennel,that the Proposed Budget for FY 2014 be approved.
op- Motion carried by the following vote:
Aye: 6 - Councilmember Blustein, Councilmember Anulewicz, Councilmember
Welch, Councilmember Wilkinson, Councilmember Lnenicka and
Councilmember Fennel
C. Approval of water rates for FY 2014.
Sponsors: Anulewicz
Mr. Taylor advised that in order to keep pace with regulatory compliance,
operation costs and to ensure sustainability, staff recommended a rate
increase.
Councilwoman Anulewicz stated that water and sewer was an essential,
fundamental service. In order for it to be self supporting, an increase was
necessary.
Councilman Fennel expressed the obligation of the City to maintain
infrastructure and noted that any physical system had associated costs; he
stated his reluctant support and noted that costs had outpaced fees for cost
recovery.
Councilman Welch commented that the increase amounted to approximately
$1 per citizen. He explained that water had to be purchased from Cobb County
,.... and that it was more cost effective to maintain equipment than to have to
replace it later.
Councilman Lnenicka noted the challenging nature of voting to pass along the
costs. He cited the alternatives of letting the system operate at a loss or
City of Smyrna 06-03-2013
recovering the funds through a property tax increase. He advised that the pass
through was essentially a user fee.
Councilwoman Anulewicz remarked on the predicament experienced by the —
City of Atlanta; that it was currently undergoing a costly system update. She
noted a viable rate would assist in avoiding a similar situation occurring in
Smyrna.
A motion was made by Councilmember Anulewicz, seconded by
Councilmember Welch, that the water rates for 2014 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.
8. Consent Agenda:
The Mayor read aloud the consent agenda items.
A. Approval of May 20, 2013 Mayor and Council Meeting Minutes
These Minutes were approved.
A motion was made by Councilmember Anulewicz, seconded by
Councilmember Fennel, that the consent agenda be approved. 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 praised the Memorial Day event, relaying a powerful
speech delivered by a guest speaker. She encouraged all to attend next year.
Councilwoman Anulewicz also commended the Memorial Day service. She
advised on activities in the downtown Smyrna area including the summer
concert and produce market. Councilwoman Anulewicz offered details and
contact information for those wanting to learn more.
Councilman Welch encouraged all citizens travelling Concord Rd.to utilize
caution with ongoing construction. He reminded all present to come out for
food truck Tuesday.
Councilwoman Wilkinson seconded comments about the Memorial Day
ceremony. She announced the Dig Into Reading program at the Smyrna
library and encouraged all to participate.
Councilman Lnenicka expressed his gratitude to local resident Ken Burke for
chairing the Memorial Day ceremony and thanked Jennifer Bennett and Steve
Ciaccio for their efforts. He noted that he, along with the Mayor, had met with
international students visiting the City as part of a program coordinated by
City of Smyrna 06-03-2013
Mrs. Saddler Jones with Georgia State University. He commented on the fact
that Smyrna was considered a prime destination in the metropolitan Atlanta
area. The Councilman informed all present that the tentative meeting for the
Atlanta Rd. median project would not take place on June 5th. He advised that
notification and postings would be made available once a date had been
finalized.
Councilman Fennel encouraged all to thank public safety service professionals
and join with them in maintaining a safe community.
10. Show Cause Hearings:
The Mayor stated that there were none.
I I. Citizen Input:
Mary Kirkendoll of 1078 Oakview Dr. commented on the committee for the
fitness center. She asked that a citizens comment portion be added to the COW
agenda and requested that curbside recycling include glass and aluminum. Ms.
Kirkendoll relayed her desire for a walkable community.
Larissa Edwards of 304 Hickory Springs introduced herself as the Messiah and
discussed the importance of time. She stated that her job was to ensure that
the meek inherit the Earth and that public leaders were peacemakers. She
discussed first dimensional time travel and displayed a symbol, stating it was
God's math formula for progress. Ms. Edwards inquired about the surplus
mentioned during the meeting; she asked why the water bill was being raised.
'c 2. Adjournment:
Presiding officer Mayor Bacon declared the meeting adjourned at 8:53 p.m.
City of Smyrna 06-03-2013
June 3, 2013 iMAYOR AND COUNCIL MEETING'
A. MAX BACON,MAYOR T I GRAHAM, CITY CLERK
obc-C6C 0"F-e-c-eA-
MELLENY PRITCHETT, WARD 1 ANDREA BLUSTEIN, WARD 2
AIL2J. •a • AO al A
i .2R ANULEWICZ, eal• RD 3 CHARLES A.WELC.H, WARD 4
1
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WILKINSON, WARD 5 WADE S. LNENICKA, WARD 6
RO., FENN T, WARD 7
I
Y
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t
ORDINANCE NO 2013-08
t
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA,PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA,
GEORGIA,THAT APPENDIX A,ZONING BE AMENDED AS FOLLOWS:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
GEORGIA:
That Article IV, Section 402,Defined words and terms be amended to add the following
definition:
(402.47.1) Non-emergency ambulance service: A privately-owned facility for the dispatch,
storage, and maintenance of medical care vehicles. The facility shall provide non-emergency
transportation to and from hospitals, out-of-hospital medical care facilities and funeral homes.
t That Article VII, Section 709, LC Limited Commercial District be amended to include the
following:
(709.'3)Non-emergency ambulance services provided:
1. The business is located on a lot which has direct access to a road classified as an
"""'" arterial or major thoroughfare on the City's Thoroughfare Plan.
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 an
Y Y Y Y
1 court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as
1 a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
Approved by Mayor and Council this 3rd day of June,2013
O /Attest: A. Max Bacon, Mayor
1i22 __ i •i,•-.J
Terri Graham, City Clerk
City of Smyrna
App■sued as o form:
)_ 4, ,
Scott A. ochran, City Attorney
'
City of Smyrna
rORDINANCE NO. 2013-09
AN ORDINANCE BY THE CITY OF SMYRNA,GEORGIA,PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA,GEORGIA,OF
ARTICLE II,CHAPTER 110 SECTIONS 110-63, 110-64 TO BE AMENDED FOLLOWS:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,GEORGIA:
That Section 110,be amended to read as follows:
(110.63) Vehicle for hire means any motor vehicle designed or used for the purpose of transporting
passengers for consideration or charges which are determined by agreement, contract, mileage or by the
length of time the vehicle is used. For the purposes of this article,vehicles for hire shall mean taxicabs and
sedans and does not include vehicles used for emergency or non-emergency ambulance services.
(110.64) Engaged in business of vehicles for hire means any person, firm or corporation who has an 1
office within the City of Smyma and within the city engages in picking up passengers and accepting or +'
soliciting any consideration, charge or fee, which is determined by an agreement, by mileage, by the
length of time the vehicle is used or by contract for the use of any motor vehicle or other vehicle designed
or used for the purpose of transporting. Not with standing any provision to the contrary, vehicle for hire
does not include any person, firm or corporation using vehicles for emergency or non-emergency
ambulance services.
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 court of
competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any
part therec f which is not specifically declared to be invalid or unconstitutional.
Approved by Mayor and Council this 3rd day of June,2013
, 'rs ----
Attest: A. Max Bacon, Mayor
nit.n ) '
Terri Graham, City Clerk
City of Smyrna
. Appro ed as to rm:
Scott A. Cochran, City Attorne
"m City of Smyrna