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08-19-2013 August 19, 2013 Mayor and Council Minutes SMYRNA 2800 King Street City of Smyrna Smyrna,Georgia 30080 Meeting Minutes - Draft City Council Council Chambers Monday, August 19, 2013 7:30 PM Call to Order: Presiding Officer Mayor Max Bacon called the meeting to order at 7:30 pm Present: 8- Mayor Max Bacon, Mayor pro tem/Councilmember Melleny Pritchett, Councilmember Andrea Blustein, Councilmember Teri Anulewicz, Councilmember Charles Welch, Councilmember Susan Wilkinson, Councilmember Wade Lnenicka and Councilmember Ron Fennel Also Present: 17 - Jennifer Bennett, Eric Taylor, Dan Campbell, David Lee, Jason Lanyon, Steve Ciaccio, Toni Jo Howard, Ken Suddreth, Jered Sigmon, Russell Martin, Scott Stokes, Tammi Saddler Jones, Tom Boland, Virgina Davis, Terri Graham, Scott Cochran and Samantha Kasraie 1. Invocation and Pledge: Pastor Shell Osbon of the Life Church Assembly of God delivered the invocation and led all to the pledge to the flag. 2. Agenda Changes: The Mayor stated that there were none. 3. Mayoral Report: The Mayor stated that there were none. 4. Land Issues/Zonings/Annexations: A. Z13-008 Public Hearing - Approval of Zoning Request Z13-008 - Rezoning from R-15 to RAD-Conditional - 1.19 Acre Tract - Land Lot 593 - 1523 and 1531 Spring Street - JWB Properties, LLC Sponsors: Anulewicz Mr.Taylor explained that the applicant's original request was denied 6-0 by the Planning and Zoning Board on July 8,2013. He advised that the applicant had since reduced the lot size and number of homes. Mr.Taylor stated that staff had reviewed the proposal and recommended approval. The Mayor asked if the applicant was present and announced the public hearing, calling for comment. There was none. Councilwoman Anulewicz noted the large crowd present and informed all in attendance for this matter to come forward. She requested that Community 1 City of Smyma August 19,2013 Development present a report and Mr. Suddreth displayed maps, site plans and proposed elevations. He shared that staff had concerns about the original design and recommended denial; a decision upheld by the planning commission. Mr. Suddreth made known that the developer had since made ,..., modifications that resolved staff concerns. Elevations, photographs of the subject and adjacent properties were shown and conditions were reviewed. Standard Conditions: (Requirements #2, 8, 9, 10, 12 and 17 from Section 1201 of the Zoning Code are 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. 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 between the back of curb and sidewalk.The grass buffer may be waived if it is deemed unnecessary by the City Engineer. 7. No debris may be buried on any lot or common area. 8. 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. 9. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 10. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. --p 2 City of Smyrna August 19, 2013 11. 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: 12. The development shall maintain the following setbacks: Front-20' Side(exterior)-7' Side (interior) -5'with a minimum of 10' between buildings Rear-40' 13.The development shall be developed with a minimum lot size of 10,200 square feet. 14. The proposed homes shall have a minimum floor area of 2,200 sq.ft. 15. Driveway-22' minimum length from building face to edge of shared driveway. Each unit shall have a two-car garage. 16. The final plat for the development shall include a right-of-way dedication of 5'along Springs Street. 17. A new 5'sidewalk shall be constructed along Spring Street. 18.Water quality shall be provided in accordance to the City's Stormwater Management Ordinance. 19.The applicant shall work with the City Engineer to remedy sight distance issues along Spring Street.The applicant shall be responsible for any improvements deemed necessary by the City Engineer. 20.The developer shall create deed covenants for the shared driveway in which the ownership, maintenance, and utilization are the shared responsibility of the HOA. These covenants must be supplied to the City prior to the issuance of a building permit. 21. 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 site plan submitted 7/25/2013 created by DGM Land Planning Consultants. The Community Development Director shall review and approve all minor changes and revision to the site plan during the plan review process. 22.The applicant shall be bound to the elevations submitted and dated 7/25/2013. Approval of any change to the elevations must be obtained from the Director of Community Development. 23.The approval of the rezoning is subject to the stipulations agreed upon by the applicant in the letter submitted and dated July 25, 2013 by Garvis Sams 4101101 with Sams, Larkin, and Huff, LLP. If there should be a discrepancy between the stipulations in the July 25, 2013 letter and the stipulations stated above, the stipulations stated above shall apply. Mr. Suddreth advised that staff recommended approval of the revised plan. 3 City of Smyrna August 19,2013 Councilwoman Anulewicz shared that staff had been working with the developer and Williams Park residents for several months and thanked them for their efforts. She noted the extensive conversations and cooperation that .... had taken place in achieving a project that would enhance the community. Mr. Garvis Sams, representative for JWB properties, introduced himself and his client Jim Brown. Mr. Sams submitted that the proposed development would improve the aesthetics of the street and that no land use change was being sought. He shared that Mr. Brown had made overtures and conducted conversations with the owner of the adjacent property, Mrs. Beasley and her son. He expressed gratitude to city staff and neighborhood residents for their input and guidance. Mr. Sams stated that his client was agreeable to all stipulations and conditions presented. He referenced a letter dated July 25, 2013 that contained additional, self-imposed conditions and welcomed those becoming part of the official stipulations. He shared price point, garage and driveway specifications and architectural components to ensure its home had its own distinctive style. Mr. Sams noted that there would be covenants and a mandatory HOA responsible for managing landscaping, open spaces and easements. To maintain homogeny with the existing neighborhood there would be no identification signage or stockade style fencing. He noted that landscape plans had been submitted, stormwater would be screened from view, lawns would be sodded and open spaces would be owned and controlled by the HOA. Mr. Sams made known that a portion of the property had been conveyed to the adjacent owners and that there would be a passive recreational area established with input from residents. MO Mr. Sams advised that all utilities would be enclosed or concealed from view and that water would be over-detained and subject to city engineer review. He discussed the sidewalks, 10' no access easement and installation of a fire hydrant. Mr. Sams made known that the proposed plan was designed to allow the Community Development Director and Ward 3 Councilmember the ability to make modifications. He offered assurance that Williams Park neighbors would be included in potential further dialogue. Mr. Sams detailed arrangements made with Mrs. Beasley including flood insurance, installation of a decorative retaining wall, evergreen landscape buffer and side setbacks. He noted that a privacy fence was not necessary as a well-maintained existing fence was in place. Mr.Sams shared the Beasley's concern about potential negative impact on older, specimen tress along the property line as a result of construction. He stated that should the city's arborist determine that those trees became diseased or died as a result of the construction that it would be the responsibility of the HOA to provide for their removal. Councilwoman Anulewicz requested clarification that the side setback would be 8' despite the plat indicating 7' and Mr. Sams responded in the affirmative. There was additional discussion about the width of the homes. Mr. Larry Beasley asked that the existing fence remain and requested it be entered into the record that the Beasley family not be financially responsible .■�.. for the removal of any trees along the property line if they died. Councilwoman Anulewicz asked if he was agreeable to the flood insurance and Mr. Beasley responded in the affirmative. He stated that he would have preferred more than an 8' setback but was agreeable.The Councilwoman opined that she felt it was 4 City of Smyma August 19,2013 a good compromise as constructing homes any more narrow would make her uncomfortable. Lemuel Ward of 1496 Spring St. stated that he often came in opposition to projects but was in support of this. He expressed his pleasure that this would be a good responsible development and lauded work of this builder. Mrs. Liz Davis of 1351 Roswell St. made known that both she and her husband were excited to have the development and appreciated the builder reaching out to them. Councilwoman Anulewicz noted that this was the builder's first project in Smyrna and based on her interactions with him she invited him to take on more projects in the City. She expressed her appreciation of the level of engagement for the project being considered. A motion was made by Councilmember Teri Anulewicz to approve Zoning request Z13-008-rezoning R-15 to RAD-Conditional - 1.19 acre tract- land lot 593- 1523 and 1531 Spring Street-JWB Properties, LLC.,with all stipulations discussed including 8' eastern setback. seconded by Councilmember Andrea Blustein. Councilman Lnenicka clarified that the stipulations to be applied are those presented by staff plus the letter and the 8'setback requirement. The motion carried by the following vote: Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson,, PIMA Councilmember Lnenicka and Councilmember Fennel B. Z13-012 Public Hearing - Approval of Zoning Request Z13-012 - Rezoning from CBD-Conditional to RAD-Conditional - 0.30 Acres - Land Lots 486 and 523 - 1180 Medlin Street - Weekly Homes, LLC Sponsors: Welch Mr.Taylor stated that the applicant was seeking rezoning for two homes on Medlin and provided a history of the zoning on the property. He advised that the request was heard by the Planning and Zoning Board on July 8, 2013 and approved 6-0. Mr. Taylor made known that Community Development recommended approval. Mr. Suddreth shared that the applicant was requesting consideration similar to that recently given the neighboring property. He noted that this location had previously been part of a proposed assembly that did not materialize. Maps and site plans were displayed and Mr. Suddreth reviewed requirements, showed proposed elevations and photos of the subject and adjacent properties. Standard conditions were covered and Mr. Suddreth stated that staff recommended approval. 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. 2. All utilities within the development shall be underground. 3.The developer shall be responsible for any traffic improvements (including 5 City of Smyrna August 19,2013 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. 4. No debris may be buried on any lot or common area. 5.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. 6. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 7. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 8. The development shall maintain the following minimum setbacks: Front-20' (from existing ROW) Side-5' (minimum of 15' between residences) Street Side-17' (from existing ROW) Rear-20' 9.The developer shall include stormwater measures on the site that will provide adequate volume to store the total increase in runoff resulting from a 100 year storm event in the post-developed condition.The developer must obtain approval from the City Engineer prior to development for the use of these stormwater measures. All detention facilities shall be landscaped and screened to be unobtrusive from the public right-of-way. 10.The developer shall be required to replace the existing storm structures located at the northeast and northwest corners of the property as specified by the City Engineer prior to development in accordance with city standards. 11. Each home will be a minimum of 1,800 square feet in floor area. 12.The developer shall install a 5'sidewalk for the length of the development along Medlin Street. There shall be a 2' grass buffer between the sidewalk and the back of curb. 13.The final plat for the development shall include a right-of-way dedication of 10'along Medlin Street and Nichols Street. Setbacks shall be taken from the existing right-of-way. 14. The approval of the rezoning of the subject property shall be in substantial conformity to the site plan submitted on June 14,2013,titled 1180 Medlin Street and created by Ashford Engineers, Inc. Should there be any changes during Plan Review which require minor site plan revisions; any such changes shall be subject to the review and approval of the Director of Community Development. 15.The architectural style, composition and treatment of the residences shall be in substantial conformity to the renderings/elevations submitted on June 14,2013. However,should minor modifications be required during the Plan Review process, said modifications shall be subject to the review and approval 6 City of Smyrna August 19,2013 of the Director of Community Development. 16.The side elevation of the homes facing Nichols Street shall include a mixture of elements to provide architectural interest including; but not limited OHM to: doors,windows, shutters, and wrap around porches. 17.The rezoning shall allow for the opportunity of the redesign and consolidation of stormwater management facilities on adjoining properties. All stormwater management facilities shall be located on private property. Any site changes or revisions shall be subject to the review and approval of the Director of Community Development and the City Engineer. Councilman Welch asked if there were any additional conditions besides those mentioned and shown on the drawing.There were none. A motion was made by Councilmember Charles Welch,to approve zoning request Z13-012- rezoning from CBD-Conditional to RAD-Conditional -0.30 Acres -Land Lots 486 and 523-1180 Medlin Street -Weekly Homes, LLC., seconded by Councilmember Teri Anulewicz. The motion carried by the following vote: Aye: 6- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Lnenicka and Councilmember Fennel Nay: 1 - Councilmember Wilkinson C. 2013-293 Public Hearing - Approval of an amendment to the North Smyrna Urban Redevelopment Plan - City of Smyrna Sponsors: Blustein and Anulewicz Mr.Taylor provided the background of the adoption of the Smyrna Urban Development Plan. He stated that the City was seeking to expand the opportunity zone and made known the locations under consideration. Mr. Jered Sigmon explained the initiative, sharing that the plan was based on the 25 year comprehensive plan, accompanying map, corridor design districts and livable cities studies. He noted that there would be no new restrictions on land use, no zoning changes imposed and no additional tax assessment impact. Mr. Sigmon explained the requirements and detailed the proposed boundary expansion. Mr. Sigmon noted that neighborhood activities centers were to be included in some of these districts. He highlighted the tax credits that would be available to those businesses in the opportunity zone. Mr. Sigmon announced that this was a public hearing and that Community Development would continue collecting feedback. He shared his contact information with those present. Councilwoman Blustein inquired after the estimated number of jobs created through this program. Mr. Sigmon replied that the new Kroger had brought approximately 100 jobs and that 11 other businesses had applied for the program. The Mayor stated that this was the first public hearing. Councilwoman Anulewicz inquired what the potential was for further expansion of the opportunity zone. Mr. Sigmon responded that much of the city qualified and that continuing to add parcels was the logical next step. Councilwoman Anulewicz questioned if the tax credits were given by the state 7 City of Smyma August 19,2013 and Mr. Sigmon replied that credits were applied against the state tax liability for eligible businesses. It was made known that the City had sent a mailing regarding the program to property and business owners in the affected zones and that follow-up notification would be sent if approved. �* Councilman Lnenicka requested clarification that the tax credit came entirely from the state and was not borne by the city taxpayers. Mr. Sigmon confirmed that was accurate. Roxanne Petty, a resident on Concord Rd. and owner of property on Matthews St. expressed her support of efforts to improve that area. She made known that her property was annexed into the city in 2008 and approved for R10 zoning. She questioned the feasibility of a neighborhood activity center in that residential location. Mrs. Petty shared that she had interest in selling her property to a developer and inquired if her ability to do so would be impacted. Mr. Suddreth stated that the opportunity zone would not change any zoning and that if a proposed use did not fit within a current zoning there would have to be a rezoning hearing. Bud McCullough of 2518 N. Matthews stated that he appreciated the work of city staff on this program and inquired if the tax credits for the additional zones would be retroactive to the time of its adoption in 2011. He observed that Kayce Foods had hired a number of employees and asked if they would qualify. Mr. Sigmon stated that if the opportunity zone expansion was approved by the state this year then any jobs created in 2013 would be eligible. William Mathis, long-time resident of 1599 Roswell St. made known his ongoing water problem. He shared details that resulted in flooding of his property and expressed concern that no resolution had been conducted by city .., services. The Mayor stated that this concern was not applicable to the current public hearing and offered to speak with the Public Works Director regarding this matter. Councilwoman Anulewicz stated this was the first she was made aware and that a meeting with her could be arranged to discuss further. A motion was made by Councilmember Ron Fennel to close the public hearing for amendment to the North Smyrna Urban Redevelopment Plan - City of Smyrna, seconded by Councilmember Charles Welch. 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. 2013-292 Approval of the final plat for 350 Pat McII Road - 2.10 Acre Tract - Land Lots 276 and 301 - 350 Pat McII Road - Don S. Caswell Sponsors: Wilkinson Mr.Taylor provided the background on the size and zoning of the parcel under consideration. He advised that approval to subdivide was being sought. Mr. Taylor stated that Community Development had reviewed the request and it had been approved 6-0 by the Planning and Zoning Board on August 12, 2013. The Mayor stated that this was not a public hearing. City attorney Scott -- . Cochran explained that while this matter was administrative the City's code of ordinances required it be passed by Mayor and Council. A motion was made by Councilmember Susan Wilkinson,to approve the final 8 City of Smyrna August 19,2013 Plat for 350 Pat Mell Road -2.10 acre tract- land lots 276 and 301 -50 Pat Me II Road -Don S. Caswell, seconded by Councilmember Wade Lnenicka. The motion carried by the following vote: Aye: 6- Councilmember Pritchett, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel E. V13-035 Public Hearing - Approval of Variance Request V13-035 - Modification of currently approve site plan and fence detail from variance case V13-014 - 0.3 Acres - Land Lot 446 - 996 Turner Drive - Eliza and Josh Woodby Sponsors: Wilkinson Mr.Taylor provided details of the original variance request and advised that staff recommended approval.The Mayor called for the public hearing and the applicant was sworn in. Mr. Suddreth noted that the request was to modify some of the conditions on the original proposal and displayed maps and photos of the subject fence. He made known that staff recommended approval of the requested variance with the following conditions carried over from V13-014: 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 submitted 8/2/2013. 2. A row of 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 landscape plan.Additional trees shall be planted to screen the driveway from view on Belmont Circle. 3.The proposed fence shall be placed behind the recommended tree screening. 4. A letter from the HOA granting permission for the fence to encroach the private utility and landscape easement shall be required. 5.The fence and tree screening shall be properly maintained. A motion was approved by Councilmember Susan Wilkinson for Variance request V13-035- Modification of currently approved site plan and fence detail from variance case V13-014-0.3 Acres - Land Lot 446-996 Turner Drive- Eilza and Josh Woodby,seconded by Councilmember Andrea Blustein. 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. ORD2013-13 Public Hearinq - Approval of a text amendment to Section 602 of the Zoning Ordinance to update the official City of Smyrna Zoning Map - City of Smyrna 001.11. Sponsors: Blustein Mr.Taylor advised that periodically the City's map was updated to reflect zonings that have taken place. He made known that the previous update had 9 City of Smyma August 19,2013 taken place on April 16, 2012 and that the new date to be reflected was August 19, 2013. Mr. Taylor stated that this had been reviewed by the Planning and Zoning Board and passed with a vote of 6-0 on July 8, 2013. He added that staff recommended approval. Mr. Suddreth shared that these updates were typically •Mlift conducted every 12-18 months and that there had been 12 changes since the last approved map. He announced that an official zoning map would be provided to the City Clerk. The Mayor called for public hearing and noted that there was no public comment. A motion was made by Councilmember Andrea Blustein,to approve Ordinance 2013-46 a text amendment to Section 602 of the Zoning Ordinance to update the official City of Smyrna Zoning Map, seconded by Councilmember Teri Anulewicz. 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: A. LIC2013-24 Public Hearing - Privilege License Request LIC2013-24 - Beer and Wine Package - 2552 South Cobb Drive Suite B1 - Naz LLC dba La Tiendita Sponsors: Wilkinson Mr.Taylor stated that Mr. Dhamani had been given a copy of the city's alcohol ~NW ordinance, attended the mandatory alcohol training course and that a background check had failed to preclude the issuance of the license. Mr. Taylor advised that staff recommended approval. The Mayor announced the public hearing and there was no public comment. Councilwoman Wilkinson inquired if the applicant had read the ordinance and Mr. Dhamani shared that he had conducted business in Smyrna for several years. She asked what kind of training he offered employees and Mr. Dhamani shared his procedures. Councilwoman Wilkinson advised that the City conducted periodic compliance checks and Mr. Dhamani stated that his register's required the DOB to be entered to complete a sale. Councilman Lnenicka asked Mr. Dhamani to detail his store's location and hours of operation. Councilwoman Wilkinson requested clarification of the shopping plaza in which the business was located and called for comments.There were none. A motion was made by Councilmember Susan Wilkinson, to approve Privilege License request LIC2013-24-Beer and Wine Package-2552 South Cobb Drive Suite B1 - Naz LLC dba La Tiendita, seconded by Councilmember Wade Lnenicka. Motion carried by the following vote: The Mayor announced that item 5(B)should have been placed under the show-cause portion of the meeting and asked that the hearing be moved to the end of the agenda. Aye: 7 - Councilmember Pritchett, Councilmember Blustein, Councilmember 10 City of Smyma August 19,2013 Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel .. 6. Formal business: A. 2013-172 Approval of Ordinance 2013-14 suspending all sections mandating use of electronic records of Article Ill, Chapter 22, Pawn Brokers, City of Smyrna code of Ordinances. On October 1, 2013, at which point the suspension will be lifted and all provisions of this ordinance will be effective. Sponsors: Fennel Mr.Taylor stated that the current pawnbroker ordinance required all pawnbrokers to submit daily electronic reports to the police department. On September 14, 2011 that portion was suspended in order to align with Cobb County's policy. On July 27, 2013 the County approved an ordinance requiring the submission of electronic records. Staff recommended that the City's suspension continue until October 1, 2013 in order to allow staff time to review and align with the County's adopted ordinance. Councilman Fennel stated his support of staff's recommendation. It was noted that the County ordinance was effective October 21, 2013 and would allow ample time for Council to consider any potential changes to the city's code. A motion was made by Ron Fennel,to approve Ordinance 2013-14 suspending all sections mandating use of electronic records of Article III, Chapter 22, Pawnbroker, City of Smyrna code of Ordinances to October 21, 2013, at mo ,. which point the suspension will be lifted and all provisions of this ordinance will be effective, seconded by Councilmember Lnenicka. Councilman Welch requested clarification that prior to October 1, 2013 Council could take action regarding any significant changes to the city's ordinances. Mr. Cochran replied in the affirmative. The motion carried by the following vote: Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel B. 2013-294 Award RFP 13-033 Smyrna Jail Security Renovation upgrade to the lowest bidder AE Security Group for$178,952.00 and authorize Mayor to execute any associated documents Sponsors: Fennel Mr.Taylor provided the background for both 6(B)and 6(C)as they were related items. He advised that as part of the 2011 SPLOST voters had approved renovation of jail security and locking mechanisms. Mr.Taylor advised that research had been concluded and it was recommended that the RFP be awarded to the lowest bidder, Millwork Renovation. He announced that the modifications needed to accommodate the new system would be awarded to the lowest and sole bidder, Diversified Construction of GA Inc. mow Councilman Fennel reminded all that the jail system was in constant operation and that voters had approved the renovation. A motion was made by Councilmember Ron Fennel to award RFP 13-033 11 City of Smyrna August 19,2013 Smyrna Jail Security Renovation upgrade to the lowest bidder AE Security Group for$178,952.00 and authorize the Mayor to execute any associated documents, seconded by Councilmember Charles Welch. 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. 2013-299 Award RFP 13-034 Jail Millwork Renovations to the lowest and sole bidder Diversified Construction of Georgia, Inc for $67,500.00 and authorize the Mayor to execute any associated documents. Sponsors: Fennel A motion was made by Councilmember Ron Fennel to award RFP 13-0134 Jail Millwork Renovations to the lowest and sole bidder Diversified Construction of Georgia, Inc.for$67,500.00 and authorize the Mayor to execute any associated documents, seconded by Councilmember Wade Lnenicka. 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. 2013-301 Approval to Re-Appoint Downtown Development Authority Board Members: Kevin Drawe, Jim Duelmer, Kimberly Gangemi, Eric Cash, Doug Stoner, Larry Freeman. The term for the Downtown Development Authority is one (1) year and will expire 4/14. Sponsors: Blustein A motion was made by Councilmember Andrea Blustein to re-appoint the Downtown Development Authority Board members: Kevin Drawe, Jim Duelmer, Kimberly Gangemi, Eric Cash, Dough Stoner, Larry Freeman. The term for the Downtown Development Authority is one (1) year and will expire 4/14, seconded by Councilmember Charles Welch.The motion was carried by the following vote: Aye: 7 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7. Commercial Building Permits: The Mayor stated that there were none. 8. Consent Agenda: Mr.Taylor read aloud the consent agenda. A. 2013-303 Approval of the August 5, 2013 Mayor and Council Meeting Minutes B. 2013-298 Approval of Memo of Understanding (MOU) to establish an Emergency Operations Center (EOC) with Emory-Adventist and authorize the Mayor to sign all related documents Sponsors: Fennel C. 2013-304 Approval for Smyrna Market Village Football Kickoff- Sunday, Sept. 8, 2013 (Atkins Park Tavern/Zucca/The Corner Taqueria). Approval of street closures in the fountain area of Market Village at Atlanta Rd. 12 City of Smyrna August 19,2013 Sponsors: Anulewicz A motion was made by Councilmember Ron Fennel to approve the Consent Agenda,seconded by Councilmember Charles Welch. 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: Councilwoman Pritchett yielded with no report. Councilwoman Blustein yielded with no report. Councilwoman Anulewicz advised that neither Finance nor Community Relations had a report. She shared that operation of the new Smyrna elementary appeared to be running smoothly. Councilman Welch called on Virginia Davis of Keep Smyrna Beautiful, who reminded all of the upcoming shredding event at the Wolfe Center. She stated that there was a 100lb maximum and provided hours and additional details. Mrs. Davis announced that shoe donations were being accepted and reminded all that the fresh market would continue until the end of September. Mr. Stokes presented a report on the status of public works projects throughout the city, including the relocation of utilities along Concord Rd. He provided updates on the drainage projects on Laurel Springs and Reed Rd. and noted that two projects were out for bid. Mr. Stokes shared that crews were performing work in anticipation of extensive tree planting in the coming months.There was discussion with Councilman Welch about the timeframe for completion of utility relocations. Councilman Lnenicka inquired after the expected start date for the drainage project behind Tecumseh and there was conversation about the impact of persistent rain on projects throughout the City. Councilman Lnenicka acknowledged the challenges brought on by recent weather and praised the efforts of staff. Councilmember Blustein asked if a paving report was available and Mr. Stokes replied one was expected within a few weeks. She requested an update on Campbell Rd. drainage problems and Mr. Stokes highlighted the outstanding issues to be addressed. Councilwoman Wilkinson announced that library activities and schedules were available online. Parks and Recreation Director Steve Ciaccio relayed that there would be a movie that weekend at Taylor Brawner Park. Councilman Lnenicka stated that Human Resources and Court Services had no report. He shared that he, along with Councilman Welch, had met with residents regarding drainage issues and stated that he was looking forward to meeting with the Montclair townhomes HOA. Councilmember Lnenicka acknowledged the passing of Charles Barrett, a 40 year legionnaire, devoted to serving veterans and actively involved in planning ceremonies and community events. Councilman Fennel called on Fire Chief Lanyon, who advised all present to 13 City of Smyrna August 19,2013 exercise additional caution while driving with the school buses back on the road. Police Chief Lee shared new hire details and expressed his gratitude for the approval of an additional uniform patrol captain. AMR The Mayor called for additional reports. There were none. Mayor Bacon announced that Rhonda Locke of Campbell Middle School was named Cobb County school teacher of the year and that King Springs Elementary had earned the distinction of a Georgia School of Excellence. 10. Show Cause Hearings: Moved to end of agenda 11. Citizen Input: Alex Backry of 3459 Shawnee Trail referenced Smyrna Commons and Hickory Lakes, submitting that no town halls or referendums had been conducted prior to the purchase of those properties. He stated that only one town hall had been held for the Concord Rd. project and disagreed with the decisions to increase the water bill and transfer funds from that department into the general fund. He brought up interactions with Croy Engineering and Glock and opined that citizens were not getting involved. Mr. Backry noted that no town hall meeting had been held on the recycling center to gather citizen input. He stated that other cities host town hall meetings every 3-4 months. Debbie Ashby of 2560 Deik Rd relayed the circumstances regarding a ticket that she received while travelling on Windy Hill Rd. She expressed her support of the widening of Windy Hill Rd. The Mayor called on William Mathis of 1599 Roswell St., stating that he was no longer present and had been heard earlier. David Stone of 3547 Lake Dr. SE advised that his community did not receive notification about the recycling center and residents learned of it through a newspaper article. He acknowledged the importance of recycling and stated that as a long-term resident of Smyrna he was well pleased with city services. Mr. Stone asserted that the approved location was not the right place for a recycling center, citing the nearby playground, school buses and children. He mentioned plans for a walking path that had not yet materialized. Mr. Stone asked that the City consider purchasing the site where the recycling center was currently located or considering other city-owned properties. Patricia Stone, resident at 3547 Lake Dr. SE, inquired if a more suitable location could be selected. She shared the current hazardous conditions of the exit at Lake Dr. and stated that there were many families with young children living right behind the proposed site. Mrs. Stone expressed concern about rodents, additional traffic and the safety of neighborhood children. The Mayor announced that the citizen's comment portion of the meeting was not question and answer. Councilwoman Anulewicz addressed perceived misconceptions about rat poison, rodents and the overall sanitary conditions of the facility. Mrs. Stone opined that recycling posed sanitary risks and Councilwoman Anulewicz ...,, stated that the facility was a clean place. Mrs. Stone informed all present that she had been to the existing center,that the proposed site was not much larger than the existing one and that she would not like the look of it on her street. She asked if landscaping or blocking could be installed. Councilwoman 14 City of Smyrna August 19,2013 Anulewicz advised that the plans included ample landscaping, covered bins, was hidden from the road and that traffic was directed specifically so that it did not enter the neighborhood. The Mayor interjected that he wanted to give the other people signed up the opportunity to be heard. Mrs. Stone asked that her questions be followed up on by Councilman Welch. Angela Marie-Ellis of 821 Lake Ct. made known that she had family and friends in public service and shared their negative reaction when she informed them of the proposed site. She stated that placing any kind of trash or recycling adjacent to residences was improper. Mrs. Ellis stated that when the decision to do so was made that notification should have been provided to the residents. She shared procedure in other counties and motioned to the audience,stating that there was clearly opposition to the planned site. Mrs. Ellis expressed her concerns about the sights,smells and noise levels. She relayed a conversation with a Croy representative that was unpleasant for her and made known that she was opposed to the center's proximity to the playground and dog park. She concluded that she did not want her child playing withinsight of no dumping signs and that the neighborhood was not equipped to handle the traffic generated by the facility. She mentioned that residents had been requesting speed bumps for several years and thanked Councilwoman Wilkinson for coming out to visit the site. Pete Ryder of 3770 Lake Ct. stated that the lack of notification did not allow residents to voice their concerns to their Councilman. He relayed that Councilmember Welch had stated at the public meeting that he had no idea there would be this much pushback. Mr. Ryder inquired how to get the site ,, reconsidered and moved to an industrial location that would be more IM appropriate. Buddy Purvine, long-time resident at 3899 Green Forest Pkwy, shared his concern about traffic in the neighborhood. He submitted that in addition to current economic conditions property values would further decrease as a result of the recycling facility. Mr. Purvine stated that the local playground and dog park were used daily and placing a facility manned by persons serving out community service, including sex offenders,would be detrimental. He mentioned the potential for offensive smells and stressed that the main complaint was the lack of notification prior to the signing of the contract. Mr. Purvine questioned why the City paid in excess of the tax assessor's appraisal for a property with an EPA issue. Amy Rackle of 829 Lake Ct.stated that the facility would negatively affect the quiet residential neighborhood, dog park, park and tennis court. She recognized that the previous use was a commercial one and emphasized that her complaint was about residents feeling valued as a part of the process. Mrs. Rackle expressed her desire for a meeting to discuss the facility and consider alternate locations. Trent Rackle of 829 Lake Ct. shared that residents desired a neighborhood of which they could be proud. He stated that there were clearly alternative sites and acknowledged that if the City had not planned to purchase this property another company would have. As a citizen he called for say in the matter. Mr. „a... Rackle said it was obvious that there was opposition and was concerned that citizen input was being downplayed or ignored. He stated that if the City chose to move forward he was not reassured that residents input would be considered; he wanted to be certain citizens were represented. 15 City of Smyrna August 19,2013 David Chanaberry of 3518 Lake Dr. called for a traffic impact study. He expressed concern that one had not been conducted and that preliminary site plans were drawn and an oil tank removed months prior to the site becoming public knowledge. He called for evaluation of other locations and placement on mow an agenda for broader discussion. Mr. Chanaberry stated that his neighborhood was a beautiful quiet place that did not need a recycling center but rather stop signs, speed humps, crosswalks, speed limit signs, sidewalks and police patrols. Tommy Quick of 3831 Lake Dr.submitted that proper due diligence of traffic, environmental, property values and fair purchase price had not been conducted. He stated that Lake Dr.was used as a cut through and posed a hazard for children playing in front yards. He relayed his understanding that no traffic impact study had been done and asked if one had been compiled for property values. Mr. Quick referenced the public hearing held earlier in the evening and the extensive number of hours that were spent in cooperation with neighbors on that project. He objected that no interaction with his neighborhood had taken place. He requested that the City put in writing that the center would not negatively impact their property values and neighborhood safety. He made known that he was disturbed that recycling was not clean and that there were potential EPA issues. He shared that he had moved to Smyrna from Grant Park for the school and neighborhood and was concerned his investment was in jeopardy. James Ontingo of 3843 Lake Dr.thanked Councilman Welch for attending the neighborhood meeting and shared that he had more concerns than relief following those discussions. He expressed concern over the breakdown of communication with the public and made known his worries about increased traffic and offensive smells. .... Kristina Harrell of 969 Shirley St. shared that she moved from Atlanta to Smyrna for the great neighborhood, community park and King Springs elementary. She stated that she had heard about the center from a neighbor and did not understand why the facility was necessary. Mrs. Harrell advised that when she questioned Councilman Welch he replied that it was to accommodate ingress, egress and space for city workers. She opined that residents were being told they would have to endure increased traffic, noise and rodents for these two reasons. Mrs. Harrell complained about the lack of neighborhood input and information available on the project. She shared that she had researched the 2011 SPLOST documents and that no maps, impact studies or additional information existed there, or on the city's website. She made the argument that the term "improvements"for every other department referred to renovations and she requested the opportunity to review the memo of understanding. James Douglas of 3720 Lake Dr. stated that he felt left in the dark regarding the decision and did not feel it was in the best interest of the neighborhood. The Mayor called on Josh Woodby and there was no response. The Mayor called on Lem Ward and stated that he had been heard during the rezoning. LaRisa Edwards of 304 Hickory stated that she had asked the Mayor to step down in August. She motioned to the crowd and stated that she had never seen so many present. Ms. Edwards asserted that there was dissatisfaction because Council suffered from a false god complex; making decisions based on few over many. She stated that where she was from everybody voted and 16 City of Smyrna August 19,2013 suggested that Council change its ways. She brought up other purchases made by City and stated that people should be voting on what is done with their money. Ms. Edwards expressed her opinions that the water bills should not be raised and public servants should not receive financial compensation. The Mayor called on Altaf Dhamani and noted that he had been heard earlier. Mary Kirkendoll of 1089 Oakview Dr. stated that she came to every meeting and had been sitting in on the Committee of the whole work sessions. She put forth that RaceTrac was approved despite resident oppositions and that the Glock facility had destroyed 13 pristine acres, impacting the Weather Brook subdivision. Ms. Kirkendoll expressed her opinion that Smyrna Heights was being deliberately destroyed with the Concord Rd construction. She questioned if Councilman Welch was working for Croy,submitting that Croy ran the city with crony capitalism and money shuffling. She asserted that Croy drew up plans for the recycling center before Council said they even knew about it and that that it was a done deal. Ms. Kirkendoll opined that the Council wanted to control the Lake Park Dr. area and that residents deserved to know the city's plan. She put forth the argument that the Smyrna Heights Neighborhood Association was set up by Sean Murphy and Jennifer Bennett to keep the neighborhood quiet regarding Concord Rd., calling that project a slush fund. Mrs. Kirkendoll stated that nobody from her neighborhood association had come to represent that community. She concluded by suggesting that recycling be shipped to a station instead of being permanently located In the City.She shared that she had driven around the City and found plenty of alternative available properties that would not be up against neighborhoods. She called for the process to start over to let Smyrna residents get involved in determining the location of the center. Mayor Bacon addressed the comment regarding the sex offenders working at the recycling center as being false. Councilman Welch shared history that led to the current site being selected. He noted that Council was presented with several sites on the north end of the City that he felt would not ideally benefit all residents. The Councilman referenced a report by redevelopment staff noting that the Lance Oil group was relocating out of the City. Croy reported the site was available and was instructed to investigate environmental impact and work with KSB to generate a conceptual plan.The results were evaluated and the plan was approved. He stressed that there was no conspiracy to approve the center without public knowledge and acknowledged that an onsite public meeting should have been conducted. Councilmember Welch advised all that in matters of real estate the timing of going public with intent to purchase required caution. He expressed his continued support for the site along with his desire to work with the community to resolve issues and address traffic,signage, impact studies and landscaping. The Councilman made known his confidence that the City would be a good neighbor and that he was available to answer any questions. Mayor Bacon dismissed staff and announced the hearing for the appeal of alcohol server's permit. 5B. 2013-275 Appeal the denial of application for alcohol servers permit - Donna Harrison Server Permit AMIN Sponsors: Blustein Mr.Taylor stated that the city's ordinance required that anyone serving alcohol must have photo permit that is obtained through police department. He made 17 City of Smyma August 19,2013 known that there were legal reasons that prevented the issuance of the permit and that the matter had been appealed to the License and Variance Board on August 14, 2013. He shared that a decision to uphold the police department's actions had been made. Mr. Taylor advised that the ordinance allowed an applicant the opportunity to appeal to City Council. The Mayor asked Mr. Cochran what was required. Mr. Cochran stated that questions could be asked and the applicant could present any evidence she wished considered.The applicant was sworn in. Mr. Taylor read aloud,for the record, a letter from the owner of Howard's restaurant, the applicant's current place of employment. Mr. Cochran asked the applicant to present her case and Donna Harrison introduced herself. She apologized for mistakes she had made and shared that she depended on her job and enjoyed working there. Councilwoman Blustein acknowledged the unpleasantness of the situation. She expressed her concern that there had been repetitious offenses and asked for assurances that approving her request would be the right decision. Ms. Harrison responded that she realized she had made mistakes and stressed that she would not repeat them. Mrs. Blustein asked if she would promise that they wouldn't see her again in this capacity. Councilmember Pritchett inquired if Ms. Harrison had certain requirements that had to be met and If she had done so. Ms. Harrison responded in the affirmative. Councilmember Pritchett asked if she required the license to retain her job at Howards and Ms. Harrison responded in the affirmative. Councilman Lnenicka noted the position of Council having to make a decision about her trustworthiness as a server to sell beverages within the law. He acknowledged the separation between personal and professional situations, noting a link existed regarding alcoholic beverages. He asked for reassurance and Ms. Harrison stated that she had never violated any rules about being a server; her personal mistakes in no way affected her ability to perform those duties required by law. Councilman Lnenicka asked what she had learned and Ms. Harrison stated to make responsible choices even though she had not always done that. She emphasized that she was dependable, honest, and would not repeat her mistakes. The Councilman requested that she explain her work schedule and she made known that she worked two shifts a day, six days a week and that it was her only job. Councilwoman Pritchett clarified that the things that happened had nothing to do with her job. Councilman Fennel stated that he was a representative of a project called TEAM Georgia that dealt with alcohol related matters. He asserted that the primary issue for a local government was the protection of the public. He elaborated that the role of Council was to protect with ordinances and laws to maintain public safety. Councilman Fennel stated his appreciation of her owning up to her mistakes and that he trusted she learned valuable lessons from her mistakes. He recognized that her work was important to both her and her employer. The Councilman stated that under normal circumstances he would vote to oppose but her courage to come before Council had caused him to consider her request. Councilwoman Anulewicz urged Ms. Harrison to take care of herself and 18 City of Smyma August 19,2013 exercise caution going forward. A motion was made by Councilmember Andrea Blustein to approve an alcohol 1011.1 serving permit for Donna Harrison, seconded by Mayor Pro Tem/Councilmember Melleny Pritchett. The motion carried by the following vote: Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 12. Adjournment: The Mayor declared the meeting adjourned at 10:25 19 City of Smyrna August 19,2013 August 19. 2013 [MAYOR AND COUNCIL MEETING] A. MAX BACON, MAYOR TERRI GRAHAM, CITY CLERK ' ./P1 75-ttiV2Z"?(L ME 'NY PR/ CiHETT, WARD 1 ANDREA BLUSTEIN, WARD 2 TERI ANULEWICZ, W4 • 3 CHARLES A.WELCH, WARD 4 1n d/IA-V l �t (/I/l S AN WILKINSON, WARD 5 WADE S. LNENICKA,WARD 6 : •N FENNEL, WARD 7 ORDINANCE 2013-13 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A,ZONING, SECTION 602 ZONING MAP AND DISTRICT BOUNDARIES, CITY OF SMYRNA, GEORGIA, BE AMENDED TO REFLECI"FHE CURRENT ZONING MAP TO INCLUDE THE DATE OF ITS CREATION. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning, Section 602,City of Smyrna, Georgia, be amended to read as follows: Sec. 602. Zoning map and district boundaries. "The boundaries of the aforementioned districts are hereby established as shown on a map entitled "Official Zoning Map, City of Smyrna, Georgia" dated August 19, 2013 and certified by the city clerk. Said map and all explanatory matter depicted thereon is hereby made a part of this ordinance and shall be on file in the office of the city clerk." All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any .sect/oil of this Ordinance be declared invalid or unconstitutional by any court (n competent jurisdiction, such declaration shall riot 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 19th day of August, 20 A. Max Bacon, Mayor Attest: Terri Graham, City Clerk City of Smyrna ApprOlved as o form: -es Scott A. Cochran, City AttonIcy 4111•11M gm. ORDINANCE NO. 2013-14 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 1W 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 Ill, Chapter 22 of wnbrokervf the Code of Ordinances of the City of Smyrna. Georgia, be suspended until October/2013, at which point the suspension will be lifted and all provisions of this ordinance will be effective. 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 um-, court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is i not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 19th day of August, 2013 , , d ..... Attest: A. Max Bacon, Mayor ---/ Terri A. Graham, City Clerk City of Smyrna Appived as 4s form: , r Ar Scott A. r---ran, City Attorney City of Smyrna ow.