01-21-14 January 21, 2014 Mayor and Council MinutesTuesday, January 21, 2014
2.
9
A.
City of Smyrna
Meeting Minutes - Final
City Council
7:30 PM
Roll Call
2800 King Street
Smyrna, Georgia 30080
Council Chambers
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: 16 - Tom Boland, Jennifer Bennett, Kay Bolick, Terri Graham, Toni Jo Howard,
Chelsea Jackson, Ann Kirk, David Lee, Russell Martin, Tammi Saddler
Jones, Ken Suddreth, Eric Taylor, Chris Addicks, Scott Cochran, Lisa
Moore and Paige Day
Call to Order
Mayor Max Bacon called the Mayor and Council meeting to order at 7:40 PM.
Invocation and Pledge:
Mayor Max Bacon called on Pastor George Ganey of Smyrna Presbyterian
Church at 3130 Atlanta Road, to deliver the Invocation and to lead all in the
Pledge of Allegiance.
Agenda Changes:
Mayor Max Bacon stated that Item 4. A. will be tabled at the request of the
applicant until February 17, 2014.
Mayoral Report:
Approval of a Resolution 2014 -01 of the City of Smyrna in Support For
Chattahoochee Now
The resolution was read aloud by Councilmember Ron Fennel. Mr. Fennel
stated that the new annexation of 82 acres along the Chattahoochee places the
City of Smyrna within the conversation on issues regarding the river and he
urges passage of the resolution.
A motion was made by Councilmember Ron Fennel for approval of Resolution
2014 -01 for the City of Smyrna's support For Chattahoochee Now, second by
Charles Welch. The motion carried by the following vote:
Aye: 7 - Mayor pro tem /Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnencka and Councilmember Fennel
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City Council Meeting Minutes - Final January 21, 2014
4. Land Issues /Zonings /Annexations:
A. Public Hearing - Zoning Request Z14 -001 - Zoning amendment to
modify the currently approved zoning conditions (Z11 -009) for the
construction of a McDonalds restaurant - 1.07 Acre Tract - Land Lot
380 - 3240 South Cobb Drive - Integrity Engineering & Development
Services. Inc.
The Mayor calls for a Public Hearing on this request. Brian Bober of 4893
Dawford Court, states that he requests that the zoning request be denied. He
states concerns that the current McDonalds location will be abandoned and be
a blighted store at the old location. He agrees with the concerns of Community
Development on issues of parking and doesn't believe that this is the originally
planned use for the location. He believes this development is not the best use
of the site.
The Mayor asks Councilmember Welch to address the concerns of Mr. Bober.
Mr. Welch calls Ken Suddreth and asks if the current plan is to demolish the
existing McDonalds. Mr. Suddreth answered "yes" and stated that the
franchise owner of the current location on South Cobb Drive is asking that his
store be relocated to the new site. Councilmember Welch stated that the City
is looking into the other issues that were mentioned.
The Public Hearing is closed.
A motion was made by Councilmember Charles (Corkey) Welch to table
2014 -003 Zoning Request Z14 -001 - Zoning amendment to modify the currently
approved zoning conditions (Z11.009) for the construction of a McDonalds
restaurant - 1.07 Acre Tract - Land Lot 380 - 3240 South Cobb Drive - Integrity
Engineering & Development Services, Inc., second by Councilmember Teri
Anulewicz. The motion carried by the following vote:
Aye: 7 - Mayor pro tem /Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
B. Public Hearing - Zoning Request Z13 -019 - Rezoning from R -15 to
RAD- Conditional for the development of two single - family homes -
0.365 Acre Tract - Land Lot 451 - 1041 McLinden Avenue - The
McLinden Group, LLC
Mayor Bacon asked Eric Taylor for the background. Mr. Taylor states that he
will read the background for Items B & C together since they are pertaining to
the same property. The applicant is seeking a zoning land use change to
accommodate two single family residences, a renovation of the existing home
and development of a second single family home. The density will be 5.5 units
per acre. This will change the zoning of the site from Moderate Density to
Medium Density. This was heard by the Planning and Zoning committee and
the request was approved by a vote of 7 - 0. Community Development has
some concerns about the development and recommends denial.
Mayor Bacon announced the Public Hearing and called anyone who wishes to
speak on this issue to come forward and be sworn in by City Attorney Scott
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Meeting Minutes - Final January 21, 2014
Cochran. Councilmember Welch calls on Ken Suddreth to give information on
the background of the site. The site is a double frontage lot and would be
subdivided into two lots. The zoning has to be changed because of the density
change. There would have to be a land use adjustment as well. The zoning
map and the future development map was shown to review the zoning of
properties in the area. Mr. Suddreth demonstrated and explained the other
recent zoning changes in the subdivision. Other pictures of the site and the
plans for the homes were shown. Mr. Suddreth presented that the staff
recommended denial because of density concerns and concerns that this will
set a precedent for other requests. Councilmember Welch asked Mr. Suddreth
for the proposed size of each lot. The Medlin Street lot is 8,164 square feet and
the McLinden Street lot is 7,732 square feet.
Mr. Welch called Sean Murphy, the applicant, he resides one block from the
site at 982 McLinden Street. Mr. Murphy presented a Power Point presentation
regarding his request. The site is within Smyrna Heights Neighborhood, and
particularly the north end of the neighborhood. Fifty percent of the homes are
known rental properties and there are apartments on either side of the
neighborhood. This area is experiencing considerable growth and change.
Mr. Murphy contends that very few of the homes actually conform with the
R16 zoning. He demonstrates the areas that have been approved for land use
and zoning changes which show that this particular request does not set a
precedence, but that this is similar to those other previously approved sites.
He also addressed other staff concerns about the changes to the land use and
zoning.
The Mayor asks if anyone has any questions for Mr. Murphy. Councilmember
Welch asks about the wall on the west side of the property and whether it will
be repaired or removed. Mr. Murphy stated that it is not on their property, but
it is his plan to contact the owner and inquire if it can be removed.
Councilmember Wilkinson asks if the wall will be rebuilt or removed. He does
not think it will be repaired, he would like to remove it and dress up the slope
of the land where it stands.
The Mayor asked if anyone else would like to come forward to comment on the
request. Mr. Frank Peligrudo of 1060 Medlin Street has been in the
neighborhood for 10 years. He believes this is will be another step in the right
direction for the neighborhood and the City. He states that this will be an
enhancement to the community and that Mr. Murphy will do a great job with
the property.
Mr. Chuck Whiteside of 921 McLinden Avenue concurs with what Mr. Peligrudo
stated. He believes that this will improve the neighborhood and will begin
change in this area of the City.
Mr. Terry Wilson, owner of Leland Homes has built many homes in the Smyrna
area and will be the builder of the new home. He believes he can build a nice
quality product and something that will enhance the community. Mr. Lnenicka
asks why they don't plan to tear down the other house and rebuild it. Mr.
Murphy says that the decision is a financial one and that it will be an owned
home, not a rental property.
The Public Hearing is closed.
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Councilmember Welch asks Scott Cochran if motions B & C are in the correct
order. Mr. Cochran stated that they are.
A motion was made by Councilmember Charles (Corkey) Welch to approve
2014 -004 zoning request Z13 -019, a rezoning from R -15 to RAD- Conditional for
the development of two single - family homes - 0.365 acre tract in land lot 451,
1041 McLinden Avenue for the applicants The McLinden Group, LLC, second
by Councilmember Ron Fennel. The motion carried by the following vote:
Aye: 4 - Mayor pro tem /Councilmember Pritchett, Councilmember Anulewicz,
Councilmember Welch and Councilmember Fennel
Nay: 3 - Councilmember Blustein, Councilmember Wilkinson and Councilmember
Lnenicka
C. Public Hearina - Land Use Change Request - Moderate Density
Residential to Medium Density Residential - Land Lot 451 - 1041
McLinden Ave - The McLinden Group, LLC
Mayor Bacon announced the Public Hearing and asked if anyone wishes to
make a comment on this Land Use Change request. There is no one to
comment. The Public Hearing is closed. The background on this has already
been read.
A motion was made by Councilmember Charles (Corkey) Welch to approve
2014.013 for a land use change request from Moderate Density Residential to
Medium Density Residential for Land Lot 451 - 1041 McLinden Ave the
applicant is The McLinden Group, LLC, second by Councilmember Ron Fennel.
Motion carried by the following vote:
Aye: 4 - Mayor pro tem /Councilmember Pritchett, Councilmember Anulewicz,
Councilmember Welch and Councilmember Fennel
Nay: 3 - Councilmember Blustein, Councilmember Wilkinson and Councilmember
Lnenicka
D. Approval of Ordinance # 2014 -01 - Annexation request (100% owners
requesting annexation) - Land Lots 543 and 542, 17th District, 1.53
acres of Parcel 2, and 2.26 acres of Parcels 6 and 7, as being known
as 1514 Pebblebrook Road, 1401 and 1445 Pebblebrook Road, 2nd
Section, Cobb County, Georgia.
Mayor Bacon asked for the background from Eric Taylor. Mr. Taylor stated that
the requester is Whitefield Academy. They are seeking annexation of 1.5 acre
tract adjacent to their school. The present use is residential and they would
like to incorporate it into the campus. The total acreage to be annexed is 5.29
acres. The City has received no objection from Cobb County, so the staff does
recommend approval. The effective date is February 1, 2014.
The Mayor called on Councilmember Fennel to discuss the request. He stated
that Whitefield Academy is looking for places to expand their campus. They
have acquired this adjacent property and would like to add it to their property
within the City of Smyrna city limits. They are represented by Mr. Tom Wood,
Director of Advancement. Mr. Wood states that they have recently published
their Master Plan last week and it is on their website. This annexation is an
effort to have the entire Whitefield Academy campus included in the City.
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A motion was made by Councilmember Ron Fennel to approve 2014.012
Ordinance # 2014.01 - Annexation request (100% owners requesting
annexation) - Land Lots 543 and 542, 17th District, 1.53 acres of Parcel 2, and
2.26 acres of Parcels 6 and 7, as being known as 1514 Pebblebrook Road, 1401
and 1445 Pebblebrook Road, 2nd Section, Cobb County, Georgia, total of 5.29
acres to become effective February 1, 2014 and part of Ward 7, second by
Councilmember Teri Anulewicz. Motion carried by the following vote:
Aye: 7 - Mayor pro tem /Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
5. Privilege Licenses:
Mayor Bacon states there are none.
6. Formal business:
A.
Approval to enter into a contract with Market Street Services, Inc. for
Visioning Initiative in the amount of $130,000 with a $10,000
contingency for a total budget request of $140,000 and authorize
Mayor to execute all related documents.
Mr. Eric Taylor provided the background on this contract. At a Mayor &
Council and Staff retreat a year ago, it was agreed that there was a need for an
initiative to work on a long term strategy for the City in consultation with a
professional planning organization so the public can assist the city in
identifying various opportunities, challenges and issues that will face the City
in the next twenty years. Since that time, staff has been working with the
Vision Committee and the committee recommends that the City enter into a
contract with Market Street Services. This expense was included in the FY2014
budget.
Mr. Suddreth made a presentation regarding the vision for the City. This vision
is to answer the question, "What does Smyrna's future look like ?" The
proposed approach to answer this consists of a minimum of three major
elements; community assessment, development of the vision and
implementation strategies. The committee believes Market Street not only has
the lowest cost, but is the best selection. The development of the plan will
take approximately nine (9) months to complete.
Mayor Pro Tern Melleny Pritchett provided further background. On January 4,
2012, the Mayor appointed Councilmembers Pritchett, Anulewicz, and Fennel
to the Vision Committee. This committee is comprised of the selected
councilmembers, along with staff members Eric Taylor, Ken Suddreth, Tom
Boland and Jennifer Bennett. Market Street was highly recommended by
other cities and companies. The project will begin by asking what our citizens
would like to see in the City. Market Street will guide the process of data
collection. Twenty five other members will be needed to make up a steering
committee for this effort. The committee will be using the Granicus software
and our city's websites for surveys along with other ways of information
collections. This is an opportunity for the Council to connect with citizens.
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Councilmember Anulewicz stated that the goal of the Vision process is to
solidify the citizens knowledge of where we are, where we want to go and how
we are going to get there. It will be citizen driven. She is looking forward to
working with Market Street to engage the community in a way that we have not
done before.
Councilmember Fennel thanked Mayor Pro Tern Melleny Pritchett for her
leadership on the committee. This is to help communicate what we see to be
the vision of our community through the engagement of our citizens. The
committee looks forward to the years ahead as it helps us to best prioritize our
financial investment, but more importantly the strategic planning strengths
and weaknesses that will be borne out, so we can learn from them. This will
result in a vision of Smyrna that the community can all support.
A motion was made by Mayor pro tem /Councilmember Melleny Pritchett for
approval to enter into a contract with Market Street Services, Inc. for Visioning
Initiative in the amount of $130,000.00 with a $10,000.00 contingency for a total
budget requet of $140,000.00 and authorize the Mayor to exeucte all related
documents, seconded by Councilmember Fennel. The motion carried by the
following vote:
Aye: 4 - Mayor pro tem /Councilmember Pritchett, Councilmember Anulewicz,
Councilmember Welch and Councilmember Fennel
Nay: 3- Councilmember Blustein, Councilmember Wilkinson and Councilmember
Lnenicka
B. Approval of Ward 5 re- appointment to Planning and Zoning Board (Ed
Whittington) - term to expire 12/31/2015
A motion was made by Councilmember Susan Wilkinson to approve 2014.015
Ward 5 re- appointment to Planning and Zoning Board (Ed Whittington) - term
to expire 12/3112015, second by Councilmember Wade Lnenicka. The motion
carried by the following vote:
Aye: 7 - Mayor pro tem /Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
C. Approval of Resolution 2014 -02 Declaring that neither Branch Capital
Partners, L.P. nor T &C Land have authority to maintain an action on
behalf of the City and have no authority to prosecute claims involving
City owned property.
Eric Taylor provided the background that Branch Capital Partners, L.P. and T
& C Land, LLC have filed a complaint in Superior Court of Cobb County against
the city and the elected officials alleging improper actions in regard to the
denial of the zoning request and are making various claims on properties that
were requested to be rezoned. Two of the parcels are owned by the City of
Smyrna. This resolution clarifies that neither Branch Capital Partners, L.P. nor
T & C Land, LLC has authority to act on behalf of the city regarding the city
owned property. He recommends approval.
A motion was made by Councilmember Andrea Blustein to approve
RES2014 -02 - Resolution 2014 -02 declaring that neither Branch Capital
Partners, L.P. nor T &C Land LLC have authority to maintain an action on behalf
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City Council Meeting Minutes - Final January 21, 2014
of the City and have no authority to prosecute claims involving City owned
property, second by Mayor ProTem /Councilmember Melleny Pritchett. The
motion carried by the following vote:
Aye: 7 - Mayor pro tem /Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
D. Approval of Modification to the Defined Benefit Plan regarding vesting
for salary pay grades 24 and higher.
Eric Taylor provided the background that in 2010, the City Council approved a
retirement plan for all employees that changed the vesting period from 7 years
to 10 years. The city has realized that this has caused a difficulty in recruiting
senior management staff. The recommendation is to reduce the vesting period
to five years for pay grades 24 and higher.
A motion was made by Councilmember Wade Lnenicka to approve 2014.016 a
modification to the Defined Benefit Plan regarding vesting for salary pay
grades 24 and higher from 10 years to 5 years, second by Councilmember
Charles (Corkey) Welch. The motion carried by the following vote:
Aye: 5 - Mayor pro tem /Councilmember Pritchett, Councilmember Anulewicz,
Councilmember Welch, Councilmember Lnenicka and Councilmember
Fennel
Nay: 2- Councilmember Blustein and Councilmember W Ikinson
Commercial Building Permits:
Mr. Taylor provided the background on both permit applications. The Del Taco
building will be 2,720 square feet with a construction cost of $550,000. The
contractor is Diversified Commercial Builders Inc. The second location is an
O'Reilly's Auto Parts. This building is already under construction. This will be
774 square feet and the construction cost of $719,016. CVIC is the general
contractor.
A. Issuance of a commercial building permit at 4300 EAN Connector for
the construction of a new Del Taco.
A motion was made by Councilmember Wade Lnenicka to approve 2014.001
Issuance of a commercial building permit at 4300 ENV Connector for the
construction of a new Del Taco, second by Councilmember Ron Fennel. The
motion carried by the following vote:
Aye: 7 - Mayor pro tem /Councilmember Pritchett, Councilmember Blustein,
CouncilmemberAnulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
B. Issuance of a commercial building permit for an O'Reilly's Auto Parts
Store at 3425 South Cobb Drive.
Councilmember Welch stated that he has received a phone call questioning the
rezoning of the O'Reilley's property. For clarification, there was no rezoning,
there was only a variance on the property, it was already zoned commercial.
A motion was made by Councilmember Charles (Corkey) Welch to approve
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City Council
Meeting Minutes - Final January 21, 2014
2014 -002 Issuance of a commercial building permit for an O'Reilly's Auto Parts
Store at 3425 South Cobb Drive, second by Mayor ProTem /Councilmember
Melleny Pritchett. The motion carried by the following vote:
Aye: 7 - Mayor pro tem /Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
8. Consent Agenda:
Eric Taylor read aloud the consent agenda.
A motion was made by Mayor ProTem /Councilmember Melleny Pritchett to
approve the Consent agenda, second by Charles (Corkey) Welch. The motion
carried by the following vote:
Aye: 7 - Mayor pro tem /Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
A. Approval of the January 6, 2014 Mayor and Council Meeting Minutes
B. Approval of Village to Village 11 K road race to be held Sat., Nov. 15,
2014
C. Approval of Atkins Park 12th Annual Crawfish Boil April 26 -27, 2014
D. Approval of 2014 St. Patrick's Day Celebration in the Market
Village - -March 15 & 16, 2014
9. Committee Reports:
Councilmember Fennel thanked the Bennett Woods Garden Club for inviting
himself, Chief Lee, Chief Day and Councilmember Welch to their meeting last
week. He thanked Chief Lee and Chief Day for their attendance. Mr. Fennel
calls Police Chief Lee forward for a report. Chief Lee stated that the Police
Department has 3 officer positions, one detention officer and one
communications officer positions open. There are 6 officers in the Police
Academy and they are slated to graduate in March. The Citizen's Academy
starts on February 12th and the class has been selected. The department is
hoping to add a third position to the DUI task force in the next 30 days. The
Chief is looking forward to starting a Reserve Officer Program. This program
would include officers who have retired or left in good standing with a police
agency. These officers would be asked to give the Smyrna Police Department
around 16 hours a month of free services. The department is still in the
planning stages of this program and is looking forward to presenting this idea
at a future Council Meeting
Chief Lee offered a Crime Prevention tip: This time of year as the weather gets
colder, people tend to go out and start their cars and go back inside to let the
car warm up. Two days ago, a citizen did this and their car got stolen. A rookie
officer took the report and began looking for the car. This morning, while
patrolling, she located the car and had it returned to the owner. This rookie
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Meeting Minutes - Final January 21, 2014
officer was highly praised for her policework as she also caught an armed
robbery suspect and a burglary suspect.
Mayor Pro Tern Pritchett thanked the Chief for the weekly reports the
councilmembers are receiving. She stated that it helps them answer questions
from their constituents. She also commends Chief Lee on his leadership of the
Police Department. Councilmember Fennel also added that he appreciates the
work that the Chief is doing. He mentioned that the next Citizen's Police
Academy will be in the summer time, but the Chief says it will probably will
happen in the fall. Applications for the academy can be turned into Human
Resources.
Councilmember Fennel calls for Fire Chief Paige Day to come forward for a
report. This is her third week as Fire Chief. She reports that the Fire
Department has four vacancies. Her first week here, there was very cold
temperatures and the Fire Department had a very busy week with 116 calls for
first responders. This week, the department held the first Strategic Planning
Session to plan out the next 36 months. There was active participation from 12
members from all ranks of the department. They have developed 12 strategic
imparatives that they will be working on. The department's mission vision and
core values was created and this will be posted and used for decision making.
A new patch has been created which was voted on by the firefighters and
reflects the values of the department. Chief Day stated a Fire Safety tip:
Please have your propane and natural gas lines checked and make sure they
are in good working order. Carbon Monoxide easily builds as the need for heat
increases so make sure your home has a detector. A question was asked
about whether the creosote logs actually do a good job cleaning chimneys.
Ms. Day answered that a professional cleaning is always best, but they do help.
Mr. Fennel thanked all Public Safety Officers and asked that people make sure
they thank them for their service to our community. He will be having a couple
of public meetings and neighborhood meetings in the near future and they will
be announced soon. He will be working on meetings in particular with
Woodland Walk and the Cooper Lake area to discuss future development in
that area.
Councilmember Wade Lnenicka called Human Resources Director Kay Bolick
for a report. She revealed that the City has received notification from the
Atlanta Business Chronicle that the City of Smyrna is a finalist for Atlanta's
Healthiest Employer. February 14th the winner will be announced. The
Wellness program is going well and plans are beginning for the Wellness
events for 2014. She thanked the Council for their support of the program. Mr.
Lnenicka thanked the Heritage at Vinings Homeowners association for inviting
him to come to their meeting. In the next few weeks, he will be at a Devonshire
Place and a Forrest Hills meeting. Mr. Lnenicka spoke about the importance of
the Martin Luther King holiday and reflected on the blessings on our nation.
Councilmember Susan Wilkinson calls Mary Moore for a report from the
Smyrna Library. The library has plans for several events honoring Black
History Month including an appearance of Christine King Farris, an author and
the sister of Dr. King on February 2, 2014 at the Community Center. Library
events were detailed and can be found on the library's website. Today was
dino day and children participated in a hunt, danced, and made crafts. Ms.
Wilkinson asked about the Murder Goes South for readers and writers program
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City Council Meeting Minutes - Final January 21, 2014
and Ms. Moore provided details about the program. Downton Abbey festivities
will be Friday, January 31. There will be tea and scones and a new episode of
the show will be shown.
Councilmember Wilkinson called Travis Landrum to report on Parks and
Recreation in place of Steve Ciaccio, who is out due to knee surgery. Mr
Landrum reports that Steve had a successful surgery. He stated that Ms.
Moore had highlighted some of the things that are happening at the
Community Center. Ms. Wilkinson stated that she is planning events for Ward
5 and will publicize those when dates are confirmed.
Councilmember Corkey Welch called on Ann Kirk from Keep Smyrna Beautiful
for a report. Ms. Kirk spoke about the Martin Luther King Holiday event held
on January 20, 2014 where community members and IBM volunteers worked at
three different schools and at the Smyrna Community Garden. Saturday, there
will be an "Adopt a Mlle" clean up day at 9:00am. There will be two classes
held entitled 'Tomatoes 101" at the Community Center on January 23rd at
7:00pm and January 25th at 10:00am in the Jonquil Room. There are many
plots available at the Community Garden. Ms. Kirk congratulated Virginia
Davis for her 10th year of employment with the city.
Councilmember Teri Anulewicz stated that neither Finance or Community
Relations has a report. Ms. Anulewicz reiterated her excitement about working
on the Vision planning and states her belief that it is one of the most exciting
things in which the community is engaging.
Councilmember Andrea Blustein calls Ken Suddreth for a report. He states
year end totals up are up about 10%. Building permits showed the largest
increase. Ms. Blustein comments on how nice it is to see all the growth in the
area.
Mayor Pro Tem Melleny Pritchett thanked the vision committee for all the work
that has been done so far. The committee will be meeting with Market Street in
the next two weeks to begin planning. She expressed her excitement in
starting this process.
10. Show Cause Hearings:
11. Citizen Input:
12. Adjournment:
Mayor Bacon stated there were none.
The Mayor stated no one signed up for citizens input.
Mayor Max Bacon adjourned the meeting at 9:13 PM.
City of Smyrna Page 10 Printed on V3 12014
A. MAX BACON, MAYOR
[MAYOR AND COUNCIL MEETING]
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Resolution 2014 -02
A Resolution of the City of Smyrna declaring that neither Branch Capital Partners, L.P
(Branch) nor T &C Land, LLC, (T &C) have permission or authority to maintain an action on
behalf of the City or prosecute claims, make representations or enter into binding agreements
concerning City owned property and further declaring that such entities have no rights in City
owned property and rescinding, revoking and terminating any authority that such entities may
have had to include City owned property in a rezoning request.
WHEREAS, on December 2, 2013, a majority of the Smyrna City Council voted to deny
a rezoning request made by Branch concerning a tract of property known as the Jonquil Village
redevelopment project; and
WHEREAS, the majority of the property at issue in the rezoning request is owned by
T &C; and
WHEREAS, a portion of the property at issue in the zoning request is owned by the
City; and
WHEREAS, Neither Branch nor T &C have any contractual or other rights in or to the
parcels owned by the City; and
WHEREAS, Branch and T &C have filed a Complaint and De Novo Appeal in the
Superior Court of Cobb County, Civil Action File No 13 -1- 10678 -52 (the Present Action)
against the City and its elected officials alleging various improper actions incident to the denial
of the zoning request and making various claims with respect to the entire property sought to be
rezoned, including the property owned by the city.
NOW THEREFORE, BE IT RESOLVED that neither Branch nor T &C have authority
to maintain the Present Action on behalf of the City and have no authority to prosecute claims
involving City owned property. Likewise, neither Branch nor T &C have authority to make any
representation concerning the City owned property and cannot enter into any binding agreement
regarding such City owned property. Neither Branch nor T &C have any rights in or to the City
owned property. To the extent that Branch or T &C had authority to include the City owned
property in the rezoning request, or otherwise act regarding such property, such authority is
hereby rescinded, revoked and terminated.
This 'Q S+ day of 2014.
ATTEST: � CITY OF S�A
Terri Graham, City Clerk The Honorable, A. Max Bacon
Appr6ved as to Form:
City Attorn , cott Cochran
Resolution 2014 -01
A RESOLUTION OF THE CITY OF SMYRNA IN SUPPORT FOR
CHATTAHOOCHEE NOW
WHEREAS, the citizens of the City of Smyrna value the natural resources and recreation
and community development opportunities afforded by the Chattahoochee River; and
WHEREAS, the citizens of the City of Smyrna value the Chattahoochee River for water
quality and habitat protection; and
WHEREAS, the citizens of the City of Smyrna will greatly benefit from the social,
recreational and natural experiences provided by a revitalized and connected river
corridor; and
WHEREAS, the City of Smyrna encourages and supports efforts to enhance economic
development along the river corridor and its adjacent neighborhoods; and
WHEREAS, the mission of Chattahoochee NOW is to facilitate and promote the
transformation of the Chattahoochee River into a dynamic corridor that advances the
health, quality of life and economic vitality of our region; and
WHEREAS, the principles of Chattahoochee NOW are for the Chattahoochee River
corridor to offer the citizens of the City of Smyrna and the region improved quality of life
amenities, through a balance of preservation, recreation and community development
initiatives, that offer economic, social and environmental benefits; and
WHEREAS, the objectives of Chattahoochee NOW will increase the appreciation for the
Chattahoochee River's resources and provide a lasting benefit to the citizens of the City
of Smyrna and our region; and
NOW, THEREFORE, BE IT HEREBY RESOLVED that the Mayor and Council of the
City of Smyrna affirms and supports the mission of Chattahoochee NOW for its value
and benefit to its citizens and its neighboring cities and counties;
BE IT FURTHER RESOLVED that the Mayor and Council of the City of Smyrna hereby
direct each department in the City to work together and separately to achieve the mission
of Chattahoochee NOW.
Resolution 2014 -01
RESOLVED by the Mayor and Council of the City of Smyrna this g%/Sf day of
2013.
Attest:
By: �4-
City Clerk
Apt ve
d d as to Form:
4, omey
Mayor:
A. Max Bacon
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2014 -01
Land Lot 542 & 543
Parcel #'sl7054300020, 17054300060 &
17054300070
Acres 1.53 & 2.26
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna this �L day of
A. Max Bacon, Mayor
Terri Graham, City Clerk
City of Smyrna
Scott A. Cochran, City Attorney
City of Smyrna
ORDINANCE 2014 -01
EXHIBIT A
TRACT 1
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 543 of the
17th District, 2nd Section, Cobb County, Georgia and being more particularly
described as follows:
Commencing at a 1" open top pipe found at the shared corner of Land Lots 538,
539, 542 & 543; Thence running along the Land Lot 538 & 543 line a bearing of
N01 °00'06 "E a distance of 79.81' to #4 rebar found; Thence leaving said Land Lot
line running a bearing of S89 "24'34 "E a distance of 208.84' to a #4 rebar found;
Thence running a bearing of S00 °03'32 "E a distance of 82.01 'to a #4 rebar found on
the Land Lot 542 & 543 line; Thence running a bearing of S13 °55'51 "E a distance of
62.17' to a #4 rebar found on the northerly right- of -way line of Pebblebrook Road
(right -of -way varies); Thence running along said right -of -way a curve to the right an
arc distance of 47.31',said curve having a radius of 1091.46, subtended by a chord of
47.31' with a bearing of N71 °44'49 "E to a point; Thence continuing to run along said
right -of -way a bearing of S11 °03' 18 "E a distance of 4.38' to a #4 rebar found;
Thence continuing to run along said right -of -way a curve to the right an arc distance
of 55.48', said curve having a radius of 908.22', subtended by a chord of 55.47' with
a bearing of N75 °00'24 "E to a point; Thence continuing to run along said right -of-
way a bearing of N76 °45'24 "E a distance of 253.96' to a point; Thence continuing to
run along said right -of -way a curve to the right an arc distance of 101.50',said curve
having a radius of 34.19',subtended by a chord of 101.12' with a bearing
N85 °16'44 "E to an axle found and the TRUE POINT OF BEGINNING:
FROM SAID TRUE POINT OF BEGINNING, Thence leaving the right -of -way of
Pebblebrook Road running a bearing of N00 °38'S1"E a distance of 220.00' to a #4
rebar found; Thence running a bearing of N00 °39'37 "E a distance of 145.54' to a #4
rebar found; Thence running a bearing of S89 °21'2 1"E a distance of 179.40 to a #4
rebar found; Thence running a bearing of S00 °40'36 "W a distance of 377.47' to a #4
rebar set on the northerly right -of -way line of Pebblebrook Road (right -of -way
varies); Thence running along said right -of -way a curve to the right an arc distance
of 48.32', said curve having a radius of 1772.39', subtended by a chord of 48.32' with
a bearing of N86 °06'28 "W to a point; Thence continuing to run along said right -of-
way a bearing of N85 °19'36 "W a distance of 126.13; to a point; Thence continuing to
run along said right -of -way a curve to the left an arc distance of 5.19', said curve
having a radius of 341.19', subtended by a chord of 5.19' with a bearing of
N85 °45'46 "W to an axle found and the TRUE POINT OF BEGINNING.
TRACT2
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 542 & 543 of the 17th
District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:
Beginning at a #4 rebar found on the northerly right -of -way of Pebblebrook Road (apparent
40'R /W), said #4 rebar found being 299.63' Northeasterly from a 1" open top pipe found at
the intersection of the Northerly right -of -way of Pebblebrook road and the western line of
Land Lot 542 and being said point of beginning;
Thence leaving said Northerly right -of -way of Pebblebrook Road North 11 °03 minutes 18
seconds west, 55.78' to a 3/4" crimp to pipe found;
Thence N00 005 minutes 04 seconds west, 94.30' to a #4 rebar set; Thence N00° 10 minutes
45 seconds west 74.75' to a square rod found;
Thence North 020 00 minutes 14 seconds East, 93.00' to a #4 rebar set;
Thence South 87° 54 minutes 53 seconds East, 81.10' to a #4 rebar set in the centerline of
100 foot Georgia Power easement; Thence following along said centerline of 100 foot
Georgia Power Company easement South 510 26 minutes 39 seconds East, 163.30' to a #4
rebar set;
Thence leaving said centerline of 100 foot Georgia Power Company easement North 380 11
minutes 42 seconds east, 118.40'to a #4 rebar found;
Thence South 88 °08 minutes 13 seconds East, 129.98' to a #4 rebar set;
Thence South 00° 38 minutes 19 seconds West, 220.00' to an axle found on the Northerly
right -of -way of Pebblebrook Road; Thence following along said Northerly right -of -way of
Pebblebrook Road along a curve to the left, an arc distance of 101.53', said curve having a
radius of 341.19' and being subtended by a chord of 101.16', at south 85° 16 minutes 54
seconds west, to a point; Thence continuing along said Northerly right -of -way of
Pebblebrook Road South 76° 45 minutes 24 seconds west, 253.96' to a point; Thence along
a curve to the left, an arc distance of 55.48' said curve having a radius of 908.22' and being
subtended by a chord of 55.47' at south 750 00 minutes 24 seconds west, to a #4 rebar set,
said point being the point of beginning. Said property contains 2.26 acres more or less.
DECLARATION OF EMERGENCY
Resolution 2014 -03
WHEREAS, the City of Smyrna, Georgia has experienced an event of critical
significance as a result of a winter ice storm on February 12a', 2014; and
WHEREAS, in the judgment of the mayor, with advice from the Smyrna Emergency
Management Department, there exist emergency circumstances located in the geographic
boundaries of the City of Smyrna, Georgia requiring extraordinary and immediate
corrective actions for the protection of the health, safety and welfare of the citizens of
Smyrna, including individuals with household pets and service animals; and
WHEREAS, to prevent or minimize injury to people and damage to property resulting
from this event;
NOW, THEREFORE, pursuant to the authority vested in me by local and state law;
IT IS HEREBY DECLARED that a local state of emergency exists, beginning at 12am,
Wednesday February 12a', and shall continue until 12pm, Thursday February 13a'.
WHEREFORE, IT IS ORDERED:
(1) That the Smyrna Emergency Management Department activate the Emergency
Operations Plan;
(2) That the following sections of the Official Code of Smyrna, Georgia be
implemented: Section 30 -32.6, Registration of Building and Repair Services;
Section 30 -32.7, Closed or Restricted Areas and Curfews; and
(3) That the following measures also be implemented: Section 30- 32.2(a)(4)c, d or
such other measures as appropriate.
ENTERED at 12:44 PM on February 11, 2014.
A. Max Bacon Mayor, City of Smyrna, Georgia
Attest:
Terri Graham City Clerk, City of Smyrna, Georgia