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04-07-14 April 7, 2014 Mayor and Council MinutesCity y of Smrna 2800 King Street MR+ Smyrna Georgia 30080 � ra r `fft Meeting Minutes - Final City Council Monday, April 7, 2014 7:30 PM Council Chambers Roll Call Present: 7 - 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: 6 - Eric Taylor, Tammi Saddler Jones, Chelsea Jackson, Dan Campbell, Terri Graham and Lisa Moore Call to Order Invocation and Pledge: Mayor Max Bacon called on Councilmember Charles (Corkey) Welch to deliver the Invocation and to lead all in the Pledge of Allegiance. 2. Agenda Changes: There were no changes to the agenda. 3. Mayoral Report: A. Proclamation in Honor of Patriots Day, April 19, 2014 The Mayor requested Wayne Brown and Larry Guzy come forward to accept the proclamation establishing April 19, 2014 as Patriot's Day. Councilmember Charles (Corkey) Welch read aloud the proclamation. Mr. Guzy, who is a member of the Sons of the American Revolution, stated the requirement to join their organization is to have an ancestor who was a patriot or a supporter of the cause of American Independence. The organization will assist prospective members in finding a qualifying ancestor. The Mayor called Susan Thayer to come forward to discuss her candidacy for a seat on the Cobb County School Board. The election will be held May 20, 2014. 4. Land Issues /Zonings /Annexations: There were no Land, Zoning or Annexation Issues. 5. Privilege Licenses: L There were no Privilege Licenses. City of Smyrna Page 1 Printed on 412112014 City Council Meeting Minutes - Final April 7, 2014 6. Formal business: A. Approve the Amendment to the City of Smyrna 's Code of Ordinances, Chapter 102, entitled Utilities, Article 1, Section 102 -7 Water and Sewer Rates and Reconnect Fees. Councilmember Andrea Blustein recused herself due to a possible conflict of interest and left the meeting for this discussion and vote. City Administrator Eric Taylor gave the background on this amendment. City Staff has reviewed the water rate ordinance and it was determined that the method of calculation should be clarified in the ordinance so that it states the rate is calculated solely by meter size and not by the number of residential or commercial units. This has been reviewed by staff and by the city attorney and they recommend approval. Councilmember Teri Anulewicz arrived in the Council Meeting. A motion was made by Charles (Corkey) Welch to approve ORD2014 -05, an amendment to the City of Smyrna's Code of Ordinances, Chapter 102, entitled Utilities, Article 1, Section 102 -7 Water and Sewer Rates and Reconnect Fees, seconded by Mayor Pro Tem /Councilmember Melleny Pritchett. Motion carried by the following vote: Aye: 6 - Mayor pro tem /Councilmember Pritchett Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel Recuse: 1 - Councilmember Blustein Commercial Building Permits: 8. Consent Agenda: There were no Commercial Building Permits. City Administrator Eric Taylor read aloud the Consent Agenda. A motion was made by Mayor Pro Tam /Councilmember Melleny Pritchett to approve the Consent Agenda, seconded 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 A. Approval of March 17, 2014 Mayor & Council Meeting Minutes B. Approval to use Council Chambers on April 17, 2014, from 6:30pm until 9:00pm for the Vinings Forest Annual HOA Meeting C. Approval for the use of Council Chambers by the American Planning Association Sunday, April 27, 2014 11:00 AM - 2:00 PM D. Georgia Municipal Employees Benefit System Defined Benefit City of Smyrna Page 2 Primed on 412112014 City Council Meeting Minutes - Final April 7, 2014 Retirement Plan, this matter was approved at the January 21, 2014 & February 3, 2014 Mayor & Council meetings, this ordinance will effectuate this agreement. 9. Committee Reports: Councilmember Ron Fennel mentioned that the Police Department has been very busy and are working with Cobb County to solve a missing persons case that should see a resolution in the next few days. The next "Coffee with a Cop" will be held at the Chick -fil -a on South Cobb Drive, April 21st from 8:00 -10:00 AM. This event is an opportunity for the community to meet Police Officers on a one on one basis and understand what the department is doing in the community. Mr. Fennel highly recommended these events. Chief Lee has been dedicated to connecting the community with Police Officers. Chief Day continues to work on opportunities in the Fire Department and he is appreciative of what is being accomplished by the department. Taylor Brawner House's "Art in the Park" is a success and outstandingly showcases many Smyrna artists. He commended the staff who put the event together and to the citizens who came out to celebrate the arts in Smyrna. It is a great event and he looks forward to it being an annual event. Mr. Fennel, Mr. Welch and Mayor Bacon attended the Grand Reopening of Wade Ford on Friday, April 4th. The Ford Company spent nearly $3 million on this newly renovated facility in Smyrna, A member of the Ford family and the CEO of Ford attended the festivities and by their attendance demonstrated how important this local business is to the company now and in the last 30 years. He applauded Steve Ewing and his team on the renovation and the committment that the Ford Motor has made to this business being a success in the City. Mayor Bacon reiterated that the "Art in the Park" event at the Taylor Brawner House is still ongoing through Sunday, April 13th. The Mayor also added that Officer Meredith Ramaley was named by the Governor for her work on the Child Welfare Task Force. Councilmember Wade Lnenicka thanked the citizens of Ward 6 for inviting him to several of their Home Owner Association meetings. March 19th, he hosted the Oak Ridge Estates HOA. April 6th, he met with the Vinings Glen Homeowners Board. There have been a number of events since the last Council meeting, including one on March 26th at Taylor Brawner Park to dedicate the Sharon Darby Healing Garden in memory of the long time Smyrna resident. Ms. Darby owned a business in the community and was very active and involved in many organizations within the City. This garden came from a bequest from her estate and serves as a legacy to her memory. Mr. Lnenicka announced that he will be attending the Vinings Forest HOA meeting in the Council Chambers on April 17th at 6:30. Councilmember Susan Wilkinson thanked the citizens of Ward 5 who attended her community meeting on March 29th at the Wolfe Center. She thanked Chief Lee and Chief Day for attending the meeting and answering residents' questions. She also thanked the guest speaker, Dr. Bill Marchione, who gave a presentation on the history of Smyrna and particularly the history of some Ward 5 neighborhoods. Ms. Wilkinson announced the "Flashlight Easter Egg Hunt" which is Saturday, April 12th from 7:00 to 10:00 PM at Tolleson Park and will include a "Movie by Moonlight" event. She encouraged people to register on the City website for this event. Councilmember Charles (Corkey) Welch echoed Mr. Fennel's comments on the Wade Ford event. It was a first class event for the Smyrna car dealership. He attended the "Art in the Park" event and encouraged citizens to attend to see the City orsmyma Page 3 Printed on 412112014 City Council Meeting Minutes - Final artists and their artwork. April 7, 2014 Councilmember Teri Anulewicz commended the 47 City employees who signed up for the Wellness "Couch to 5k" challenge in preparation to participate in the the Jonquil City Jog on Saturday, April 26th. The Jonquil Festival is April 26 - 27. Councilmember Andrea Blustein reminded Ward 2 residents of an upcoming community meeting on April 30th from 6:30 to 8:30 PM at Taylor Brawner Hall. She has several speakers lined up to speak at the meeting. She mentioned the upcoming holidays, Passover and Easter, and hoped that residents enjoy the holidays with family and friends. Mayor Pro Tem /Councilmember Melleny Pritchett announced the Vision process is going in full force and the Kick -Off event will be Monday, April 14th at 8:00 AM at the Wolfe Center. There are currently between 225 - 250 citizens participating in the process. There will be an online survey which the community will be asked to complete. There will also be people at the Jonquil Festival to which citizens can speak about the process. This process will give Smyrna residents a chance to give their input on how we can make Smyrna a better place, and what citizens would like to see happen in Smyrna in the next 10 years. There are 11 -15 Focus Groups and a Steering Committee who will be meeting to discuss their areas of interest. At the Kick -Off event, the address of the website will be announced which will have a link to the survey and a place to make comments or ask questions. Ms. Pritchett thanked the Vision Committee, which consists of herself, Ms. Anulewicz, Mr. Fennel, Eric Taylor, Jennifer Bennett, and Ken Suddreth and representatives from Market Street, for their work on this process. Ms. Pritchett attended the "Revive Consignment Shop" grand opening this week. This new business is in the "Best Buy" shopping center on Highway 41. It has household items, furniture and clothing items. 10. Show Cause Hearings: 11. Citizen Input: 12. Adjournment: There were no Show Cause Hearings. The Mayor called Kerby Siglin, 1526 Wedmore Court, to come forward for Citizen's Input. Mr. Siglin started a business called Green Sweep Energy Audits. This company works in compliance with Georgia Power to provide homeowners with home energy audits. The audits can help homeowners find ways to save money on their energy usage. The audit usually costs between $200 - $400 which Georgia Power will reimburse along with a percentage of the expenses that homeowners incur to correct problems in their home. Mr. Siglin's company is on the approved contractor list on the Georgia Power website for BPI assessments. Green Sweep Energy Audits may be reached at 404 -606 -8011. The Mayor called Bill Mathis, 1599 Roswell Street for his comments regarding water issues. He discussed the problems on his property due to water damage which he alleges Croy Engineering caused. The Mayor stated that it was his understanding that this problem was being solved. Mayor Bacon stated he would look into this issue personally. The meeting was adjourned at 8:05 PM. City of Smyrna Page 4 Printed on 4!2112014 Ordinance No. 2014 -05 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDNG FOR THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, OF CHAPTER 102, ARTICLE 1, TO BE AMENDED AS FOLLOWS: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA Sec. 102 -7. - Water and sewer rates and reconnect fees. Water and sewer service rates and reconnect fees shall be as prescribed by the mayor and council, schedules of which are on file in the City Clerk's office. Service rates shall periodically adjust in the same manner and at the same percentage that the rates that suppliers or service providers charge the city and the adjustment shall become effective at the time that the new rate charged by the supplier is effective. Base rates shall be calculated solely by the meter size as adopted by the Mayor and Council, schedules of which are on file in the City Clerk's office. In no circumstance shall the number of residential or commercial units be a factor in determining the base rate. Base rate is a license fee to access and utilize the water system. Reconnect fees shall be as prescribed by the mayor and council, schedules of which are on file in the city clerk's office. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 7m day of April, 2014 Attest: A. Max Bacon, Mayor / /il�i ,]4JiLGL.IILA � � Terri Graham, City Clerk City of Smyrna Ap oved as o form: Scott Cochran, City Attorney IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA THE CITY OF SMYRNA Condemnor, vs. The hereinafter described lands and rights in lands; JAMES D. CUNNINGHAM CARLA JACKSON, as Tax Commissioner; KELLI WOLK, as Probate Judge and any and all others having or claiming any interest in the described lands, Condemnees. * * * * CIVIL ACTION FILE * NO. * * * * * * * DECLARATION OF TAKING WHEREAS, the City Of Smyrna, by and through its Mayor and Council, has made a finding and determination that the circumstances in connection with acquiring property to construct improvements to a public transportation system, are such that it is necessary to acquire the title, estate or interest in the lands as fully described in this Declaration of Taking, by condemnation through the exercise of the power of eminent domain. A copy of the resolution making such finding is attached hereto as Appendix "1" to this Exhibit "A" and made a part hereof, and WHEREAS, said property is for public transportation purposes upon, across, and over the tract of land in said City, as fully described in the attachment hereto identified as Appendix "T' to this Exhibit "A" and made a part hereof, and EXHIBIT "A" WHEREAS, the City Of Smyrna has caused an investigation and report to be made by a competent land appraiser, upon which to estimate the sum of money to be deposited in the Court as just and adequate compensation for the property, if any, above referred to, a copy of the appraiser's sworn statement being attached hereto, identified as Appendix "3" to this Exhibit "A" and made a part hereof, and WHEREAS, in consequence of such sworn statement, Appendix "3" to Exhibit "A ", The City Of Smyrna estimates the sum of $1,800 as just and adequate compensation to be paid for said property, as fully described in Appendix "2" to Exhibit "A ", attached hereto, and now deposits said sum in the registry of the Court, to the use of the persons entitled thereto; and WHEREAS, in order to maintain a projected schedule of construction it is necessary that the property for the construction of said project be acquired without delay; and WHEREAS, the parcel of property as herein described and listed in the Petition, attachments, or below, are essential for the construction of said project; NOW THEREFORE, the premises considered, The City Of Smyrna, under authority of the laws of Georgia, Official Code of Georgia Sections 22 -3 -140 and 32 -3 -1 through 32 -3 -19, declares that it is necessary that the property interest as described in annexes hereto, be acquired by condemnation, and that said property or interest therein as described in appendices hereto and in the petition, is taken for public and governmental purposes, subject to the order of the court provided for in O.C.G.A. 32 -3 -12, specifically for upgrades to an existing public sewage collection and disposal system, and that the same is necessary for the construction of a such upgrades. The City Of Smyrna has authorized the acquisition of the title, estate or interest in the lands described by condemnation under the provisions of law, has exercised its power of eminent domain, and has authorized the filing of condemnation proceedings, to acquire said title, estate or interest in said lands and to deposit in the Court the sum estimated as just compensation, all in accordance with law. Let there be attached hereto as Appendix "I" to this Exhibit "A" a copy of the Resolution of the City of Smyrna finding that circumstances are such that it is necessary to proceed in the particular case under the provisions of Article 1, Chapter 3, Title 32, Official Code of Georgia Annotated. Thisj!day of 1!} loci 1 , 2014. THE CITY OF SMYRNA By: A.Max Bacon, Mayor ATTEST: Terri Graham, City Clerk APPENDIX "1„ TO EXHIBIT "A" RESOLUTION NO. A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF SMYRNA, GEORGIA AUTHORIZING CONDEMNATION OF A TRACT OF LAND CONSISTING OF A PORTION OF PROPERTY KNOWN AS 2756 STONE CREEK DRIVE, SMYRNA, GEORGIA AND LOCATED IN LAND LOT NO. 377 OF THE 17TH LAND DISTRICT OF COBB COUNTY, GEORGIA BY DECLARATION OF TAKING METHOD PURSUANT TO THE PROVISIONS OF O.C.G.A. § 32- 3-4 et seq. WHEREAS, Section 22 -3 -140 authorizes a municipality to utilize the declaration of taking method of eminent domain in order to acquire property necessary for sewage collection, treatment or disposal systems: and WHEREAS, Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated sets forth the procedures for the declaration of taking and authorizes the City to file a condemnation proceeding in Cobb County Superior Court to acquire private property interests for public purposes upon payment of just and adequate compensation therefore to the person or persons entitled to such payment upon the Council's finding that circumstances are appropriate for the use of said method; and WHEREAS, the City Council of the City of Smyrna, Georgia ( "Council ") finds and believes that circumstances are appropriate for the use of the declaration of taking method to acquire property for upgrades to existing public sewage collection, treatment or disposal systems. Said tract is owned by JAMES D. CUNNINGHAM and is acquired for one or more of the reasons set forth in O.C.G.A. § 22 -3- 140. NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the Council that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking method on that tract of land known as a portion of 2756 Stone Creek Drive, Smyrna, Ga owned by James D. Cunningham, located in Land Lot 377 of the 17th Land District in Cobb County, Georgia. BE IT FURTHER RESOLVED AND ORDERED, that legal counsel for the City of Smyrna, Georgia is authorized and directed to file such proceedings and the Mayor is authorized to execute this Resolution and Order on behalf of the Council, a declaration of taking, and any other documents necessary to effectuate same. SO RESOLVED this e( day of April 2014 ATTEST BY: 0 The City of Sm} ��es r/! Max Bacon, Mayor Terri Graham, City Clerk N p r T T 8 c m mZ m f/J i s H ij III �p 1 I DO v 1 I 1 z � '3SV3 i � �^ y A9 •dOLld a= .WU3d iS + .gZ'X9 O A m0 $o O 1 1 ! 1 l0 pi \i 1 m ! 1 1 . C a m � O Z m n 0 m T m T O o $ ° c G m g q; o I go AI 0 I , 30 I 1 { RM 1 A� 1 it { Yi'�F8 ''�.•1 1 1 I 1 I 1 , i 1 A O ! A ! Ea i K S 0 II I 1 1� 1 1 1 ! 1 l0 1 1 ! 1 1 . i K S 0 II I 1 1� APPENDIX "3" TO EXHIBIT "A" AFFIDAVIT OF BRUCE R. PENN Personally, comes Bruce R. Penn, of Penn Hastings & Associates, 5 16 5 T u c k e r, G a 3 0 0 8 4 who after being sworn, deposes and states as follows: 1. Affiant was employed by the City of Smyrna to appraise a portion of 2756 Stone Creek Drive, Smyrna for said City and makes this sworn statement to be used in connection with condemnation proceedings under the Official Code of Georgia Annotated Sections 32 -34 through 32 -3 -19, for the acquisition of said property. 2. Affiant is familiar with real estate values in said city and in the vicinity where said property is located. Affiant has personally inspected the property and rights to be acquired. In appraising said property affiant took into consideration the Fair Market Value of said property to be acquired, as well as any consequential damages to any remaining property of the Condemnees, and other damages resulting from the construction of said project, and any consequential benefits which may result to said parcel by reason of such taking and use (consequential benefits not, however, considered except as offsetting consequential damages). After said investigation and research, affiant has thus estimated the just and adequate compensation for said temporary construction easement to be acquired by the City of Smyrna, and any consequential damages or benefits considered, is in the amount of $1,800. Bruce R. Penn Certified General Appraiser Certification CG000228 Sworn to and subscribed before me this day of August, 2014. Notary Public A. MAX BACON, MAYOR [MAYOR AND COUNCIL MEETING] GRAHAM, CITY CLERK lmjN4YPRI [) TT, ARD ANDREA BLUSTEIN, WARD 2 TE I ANULEWICZ, WARD 3 SUSAN WILKINSON, WARD 5 eFENNEL, ARD 7 1 04A CHARLES AWELC , WADE S. LNENICKA, D.