02-15-2016 February 15, 2016 M&C Minutes - SIGNED - LFCity of Smyrna 2800 King Street
+ J Smyrna, Georgia 30080
Meeting Minutes - Final
City Council
Monday, February 15, 2016 7:30 PM Council Chambers
Roll Call
Present: 7- Mayor Max Bacon, Councilmember Derek Norton, Councilmember Andrea
Blustein, Councilmember Charles Welch, Councilmember Susan
Wilkinson, Councilmember Doug Stoner and Councilmember Ron Fennel
Absent: 1 - Councilmember Teri Anulewicz
Also Present: 8 - Mike L Jones, Randy Edwards, Terri Graham, Heather Corn, Ken
Suddreth, Virginia Davis, David Lee and Dan Campbell
Call to Order
Mayor Max Bacon called the meeting of the Mayor and Council to order at 7:30PM
Invocation and Pledge:
Pastor Kerrick Butler of Faith Christian Center located at 3059 South Cobb Drive,
Smyrna Ga. gave the Invocation and led all in the Pledge of Allegiance.
2. Agenda Changes:
There were no Agenda Changes.
3. Mayoral Report:
A. Proclamation in Recognition of Georgia Arbor Day, February 19, 2016
Sponsors : Welch
Councilmember Charles (Corkey) Welch read aloud the proclamation for Arbor Day.
Virginia Davis of Keep Smyrna Beautiful was in attendance to accept the
proclamation on behalf of Keep Smyrna Beautiful Arbor Day which will be celebrated
Friday, February 19, 2016. Ms. Davis congratulated Smyrna for its 13th year as a
tree city. Keep Smyrna Beautiful will hold a lunch and loam from 12:00 PM -1:00 PM
at Brawner Hall February 19, 2016.
B. Performance by Divas With A Cause and Dupsies African Clothing in
honor of Black History Month
Divas With A Cause and Dupsies African Clothing came forward dressed in African
clothing sold at the local store in Smyrna, Georgia. They sang a song called Stand
Together in honor of Black History Month,
4. Land Issues/Zonings/Annexations:
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City Council Meeting Minutes - Final February 15, 2016
A. Public Hearing -Zoning Request Z16-001 -Rezoning from R-15 to
R -12 -Conditional for the construction of two single-family homes - 0.63
Acre Tract - Land Lot 664 - 2580 Bates Street - Habitat for Humanity
of Northwest Metro Atlanta, Inc.
Sponsors : Anulewicz
Mayor Bacon announced the Land Issues Zonings and Annexations and read the
agenda item. He then asked City Administrator Mike Jones to read the following
background for this item:
Habitat for Humanity was requesting rezoning from R-15 to R -12 -Conditional for the
construction of two new single-family residences at a density of 3.17 units per acre
on an existing vacant lot on Bates Street. The proposed homes will be accessed from
Bates Street. The submitted elevations reflect a more traditional style one-story
ranch home with a mixture of exterior facade materials and architectural elements.
The Planning & Zoning Board approved this item with a vote of 7-0. Mr. Jones asked
Community Development Director Ken Suddreth to come forward and provide further
details.
Mayor Bacon announced the public hearing and asked anyone that wanted make
public comment concerning this issue to come forward to be sworn in to make
comments either for the project or against this issue. The applicant came forward to
be swom in and Attorney Randy Edwards (filling in for City Attorney Scott Cochran)
swore in the applicant.
Community Development Director Ken Suddreth came forward to provide
background and details for the rezoning request. He began with the zoning site map
while explaining that the applicant was requesting a lot split for two new single family
residences. The current zoning was R-15 and they were requesting to split the
existing lot into two (2) R-12 Conditional lots to build two (2) habitat homes. The
R-12 Conditional zoning exists across the street from this property. This rezoning will
require, as part of the approval, a change from suburban residential to moderate
density residential. The lot size was in compliance with the ordinances.
Community Development recommended approval along with the Planning and
Zoning Board with a 7-0 vote, for the requested rezoning from R-15 to
R -12 -Conditional for the construction of two new single-family residences at a density
of 3.17 units per acre with the following conditions:
Standard Conditions
(Requirement #2, 3, 4, 8, 9, 10 and 17 from Section 1201 of the Zoning Code is not
applicable)
1. The composition of the homes in a residential subdivision shall include a
mixture of elements including; but not limited to: brick, stone, shake, hardy plank and
stucco. No elevation shall be comprised of 100% hardy plank siding.
2. 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.
3. All utilities within the development shall be underground.
4. 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
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City Council Meeting Minutes - Final February 15, 2016
grass buffer with a minimum width of 2'shall be provided between the back of curb
and sidewalk.
5. No debris may be buried on any lot or common area.
6. 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.
7. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
8. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
9. 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:
10. The development shall maintain the following setbacks:
Front - 35'
Side - 10'
Rear - 30'
11. Driveway - 22' minimum length from building face to back of sidewalk.
12. The development shall be developed with a minimum lot size of 13,763 square
feet.
13. The homes shall have a minimum floor area of 1, 500 sq. ft.
14. The right-of-ways along Bates Street shall be increased to 50 feet. Therefore
a dedication of approximately 5' feet is required along the Bates Street right-of-way.
15. The developer shall provide a 5'sidewalk with a 2' grass buffer along Bates
Street for the length of the development.
16. All trees within the limits of disturbance and not located within a tree protection
area must be removed during the land clearing and grading phase of the
development.
17. Approval of the subject property for the R-12 zoning district shall be
conditioned upon the development of the property in substantial compliance with the
submitted site plan dated 12/3/2015 created by Larry D. Neese.
18. The homes shall be built in substantial compliance with the elevations
submitted and dated 12/312015. Approval of any change to the elevations must be
obtained from the Director of Community Development.
Mayor Bacon called the applicant David McGinnis forward to provide information on
the request.
David McGinnis of Habitat for Humanity began to speak and provide information for
his request, and an assembly of protestors moved forward and past him toward the
dais. He was not able to be heard over the shouting crowd, Mayor Bacon repeatedly
attempted to request that the attendees take their seats so the meeting could
continue. The crowd continued to shout and chant as they moved toward the Mayor
and Council. It was difficult for Mayor Bacon to be heard due to the overwhelming
noise.
The protest assembly disrupted the public meeting and Mayor Bacon called for a
recess at 8:10 PM noting that the meeting would reconvene.
The meeting of the Mayor and Council reconvened at 8:25 PM. Mayor Bacon called
the meeting to order to resume.
Mr David McGinnis re -introduced himself as the President of Habitat for Humanity
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City Council Meeting Minutes - Final February 15, 2016
5.
6.
Northwest Metro Atlanta located on Spring Road in Smyrna, he provided information
concerning Habitat for Humanity's rezoning request. He requested questions by the
council. Councilmember Andrea Blustein asked if they were agreeable to the special
conditions and he affirmed that they were agreeable.
Councilmember Susan Wilkinson asked if there were any structures currently located
on the property and the answer was no there were no current structures. Mr.
McGinnis responded that there were at one time but all the foundations and houses
had been removed so it was currently vacant.
Mayor Bacon called on Councilmember Andrea Blustein to act as sponsor of this item
in the absence of Mayor Pro Tem /Councilmember Teri Anulewicz.
A motion was made by Councilmember Andrea Blustein to approve item 2016-41 for
zoning request Z16-001 - Rezoning from R-15 to R -12 -Conditional for the
construction of two single-family homes - 0.63 Acre Tract - Land Lot 664 - 2580
Bates Street - Habitat for Humanity of Northwest Metro Atlanta, Inc., seconded by
Councilmember Doug Stoner. The motion carried by the following vote:
Aye: 6- Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson, Councilmember Stoner and Councilmember
Fennel
Absent: 1
Privilege Licenses:
Councilmember Anulewicz
There were no Privilege Licenses
Formal Business:
A. Approval of Ward 2 appointment to the Parks and Recreation
Commission, Irene Aggrey-Antwi, to fulfill the two-year term to expire
December 2017.
sponsors: Blustein
A motion was made by Councilmember Andrea Blustein to approve item 2016-94 for
the Ward 2 appointment to the Parks and Recreation Commission, Irene
Aggrey-Antwi, to fulfill the two-year term to expire December 2017, seconded by
Councilmember Susan Wilkinson.
The motion carried by the following vote:
Aye: 6- Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson, Councilmember Stoner and Councilmember
Fennel
Absent: 1 - CouncilmemberAnulewicz
B. Approval of Ward 1 appointment to the Smyrna Housing Authority,
Antonia Williams. This is a five-year term to expire May 2020.
sponsors: Norton
A motion was made by Councilmember Derek Norton to approve item 2016-98 for
the Ward 1 appointment to the Smyrna Housing Authority, Antonia Williams. This is
a five-year term to expire May 2020. seconded by Councilmember Charles (Corkey)
Welch.
The motion carried by the following vote:
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City Council Meeting Minutes - Final February 15, 2016
Aye: 6- Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson, Councilmember Stoner and Councilmember
Fennel
Absent: 1- CouncilmemberAnulewicz
C. Authorize the City to sell a remnant portion of property owned by the
City located at 2975 and 2925 Atlanta Road to Halpern Enterprises for
the appraised value, and authorize the Mayor to execute all
documents necessary for the transaction.
sponsors: Fennel
Mayor Bacon asked City Administrator Mike Jones for the background on this item.
Mr. Jones noted that this is a continuing process on an action that was taken on
February 1, 2016 with what is termed as the Jonquil site. The property was recently
rezoned to a mixed use development which will include a grocery store. The city
owns two (2) remnant parcels at the site. Portions of the two (2) parcels were
swapped for property along Glendale Road, which created 2 remnant parcels, the
agenda item that is before council is to sell those 2 remnant parcels, one is
approximately 5,619 square feet about a 13th of an acre and the other is 7,060 sq ft
or about a 16th of an acre. These parcels are being sold at the same appraised
value as the property that was swapped. The combined total value of those 2 parcels
is $131,227.00 to Halpern Enterprises.
A motion was made by Councilmember Ron Fennel to approve item 2016-99 to
authorize the City to sell a remnant portion of property owned by the City located at
2975 and 2925 Atlanta Road to Halpern Enterprises for the appraised value, and
authorize the Mayor to execute all documents necessary for the transaction;
seconded by Councilmember Doug Stoner. The motion carried by the following vote:
Aye: 6- Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson, Councilmember Stoner and Councilmember
Fennel
Absent: I- CouncilmemberAnulewicz
7. Commercial Building Permits:
Then: were no Commercial Building Permits
8. Consent Agenda:
City Administrator Mike L. Jones read aloud the consent agenda for Mayor and
Council approval.
A motion was made by Councilmember Ron Fennel to approve the consent agenda,
seconded by Councilmember Andrea Blustein. The motion carried by the following
vote:
Aye: 6 - Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson, Councilmember Stoner and Councilmember
Fennel
Absent: 1 - CouncilmemberAnulewicz
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City Council Meeting Minutes - Final February 16, 2016
A. Approval of the February 1, 2016 Mayor and Council Meeting Minutes
sponsors: City Council
B. Award RFP 16-023 Brentwood Drive Storm Drain Replacement to the
lowest bidder Tucker Grading and Hauling for $123,503.73 and
authorize the Mayor to execute any related documents.
sponsors: Welch
C. Award of RFQ 16-024 to the lowest and most responsive bidder, Fouts
Brothers Fire Equipment, in the amount of $89,900 for the scheduled
replacement of a Heavy Rescue vehicle funded from the FY16 Vehicle
Replacement Fund.
sponsors: Norton
D. Approval of Atkins Park Annual Crawfish Boil April 23, 2016, from 12
p.m. -10:45 p.m. and Sun., April 24, 2016, from 12 p.m. -10 p.m.
Sponsors: Anulewicz
E. Approval of 2016 St. Patrick's Day Celebration in the Market Village -
St. Patrick's Day - Thursday., March 17, 2016 - 1:00 p.m. -10:45 p.m.
and Saturday, March 19, 2016 - 12:00 p.m. - 10:30 p.m.
sponsors: Anulewicz
F. Approval to change the time for use of Council Chambers for Williams
Park Neighborhood Annual HOA Meeting, Tuesday, February 23,
2016 originally from 7:00pm - 9:00pm, to now begin at 6:00pm
Sponsors: Anulewicz
9. Committee Reports:
There were no committee reports.
Each Councilmember present verbally stated they did not have a report.
10. Show Cause Hearings:
11. Citizen Input:
There were no Show Cause Hearings
Mayor Max Bacon opened Citizen Input and asked if there was anyone that had
signed up to speak that was still present and wanted to come to the dias and make
their comments. No one came forward that was on the original sign in sheet.
He then recognized two candidates who were running for public office and offered the
podium to them for public comment.
Nathan Wade who is running for Superior Court Judge in Cobb County and Kelly Hill
who is running for State Court Judge in Cobb County were each recognized and
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City Council
12. Adjournment:
Meeting Minutes - Final February 15, 2016
came forward to speak about their campaigns and why they would be the best choice
for the positions they would be seeking.
Mayor Max Bacon adjourned the meeting at 8:52 PM
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MAYOR AND COUNCIL MEETING
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A. MAX BACON, MAYOR
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MAYOR PRO TEM
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CHARLES A.WELCH, WARD 4
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