03-07-2016 March 7, 2016 M&C Minutes -SIGNED - LFCity of Smyrna 2800 King Street
City 7
Smyrna, Georgia 30080
Meeting Minutes - Final
City Council
Monday, March 7, 2016 7:30 PM Council Chambers
Rollcall
Present: 6- Mayor Max Bacon, Councilmember Andrea Blustein, Councilmember Teri
Anulewicz, Councilmember Charles Welch, Councilmember Doug Stoner
and Councilmember Ron Fennel
Absent: 2- Councilmember Derek Norton and Councilmember Susan Wilkinson
Also Present: 16- Mike L Jones, Scott Cochran, Terri Graham, Heather Corn, Dan
Campbell, David Lee, Scott Stokes, Chris Addicks, Amy Snider, Tammi
Saddler Jones, Tom Boland, Ken Suddreth, Ann Kirk, Virginia Davis,
Robert Harvey and Steve Ciaccio
Call to Order
Invocation and Pledge:
Councilmember Charles Corkey Welch provided the invocation and led all in the
Pledge of Allegiance.
2. Agenda Changes:
3. Mayoral Report:
There were no agenda changes
Mayor Bacon noted Councilmember Derek Norton was out of town and
Councilmember Susan Wilkonson was out sick.
He also offered time for attendees running for public offce to come forward and say a
few words.
Candidate Kim Childs is running for Cobb County Superior Court Judge.
Candidate Jane Manning is running for State Judge.
A. Proclamation in Recognition of the 60th Anniversary of Georgia
City -County Management Association (GCCMA)
Sponsors. Fennel
The proclamation in recognition of the 60% Anniversary of Georgia City -County
Management Association (GCCMA) was read aloud by Councilmember Ron Fennel.
Ms. Kay Love the City Manager for the City of Roswell was present to accept the
proclamation as the president of GCCMA.
B. Presentation of Keep Smyrna Beautiful Awards and Introduction of
Keep Smyrna Beautiful Board Members
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Ms. Ann Kirk the Director of Keep Smyrna Beautiful came forward to introduce the
Keep Smyrna Beautiful Board. She presented for 2015, KSB was awarded the Keep
America Beautiful First Place National Affiliate Award for population 30,001 -
100,000, in addition to a new award, the Sustained Excellence Award, and the
President's Circle Award. These were presented at the National Keep America
Beautiful Conference in Orlando on February 1, 2016. KSB has placed nationally 17
out of the past 18 years, and has been first 6 out of the 18. KSB also won First Place
in the Keep Georgia Beautiful Awards for 2015 for the 18th time in 19 years.
C. Citizen's Police Academy Graduating Class Ceremony and
Presentation of Certificates
Chief Lee and Deputy Chief Robert Harvey came forward with MPO Louis Defense.
Chief Lee explained that MPO Defense had been the teacher for this Citizen's Police
Academy Class. MPO Defense gave each graduate a certificate and introduced
them they were as follows:
Phil Arnold
Terrance Williams
Tyna Knight
Dan Campbell
Allegra Goodman
Dana Herron
Jonathan Hanworth
4. Department Head Reports:
Ms. Ann Kirk, Director of Keep Smyma Beautiful gave her department report and
recognized Virginia Davis. She also discussed the recent Rivers Alive event and
remarked that there were 90 volunteers who collected 80 bags of trash. 30 of those
were Georgia State Students and Light of the World Church volunteers. Other
volunteers were Kennesaw State University, Martha Stewart Bulloch Chapter, Keep
Marietta Beautiful and US National Park Services.
On March 19, 2016 there will be a shredding event at the Wolfe Center. The first file
size box is free and additional boxes in cars will be charged $5.00 per car. Anything
more than a cubic yard will be $20. This is to recoup the monies being spent for the
event.
The KSB Awards Banquet is March 31, 2016 from 6:00pm - 9:00pm.
The Great American Clean -Up will take place at Brawner Hall on April 16. 2016 from
8:00am - 12noon. There will be a volunteer picnic as well.
KSB 2016 Garden Tour is Saturday May 14, 2016 for 10:00am - 4:00pm with 5
showcase homes plus the Tea Room. Tickets are $15 in advance and $20 at the
door.
Fresh Market starts Saturdays May 7, 2016 and runs through September from
8:00am - 12noon. Items that will be available at different times of the year are fruits,
vegetables, eggs, olive oil, meats, soaps, lotions, creams, honey, jams, jellies,
pickles, breads etc.
The Smyrna Community Garden is taking leases. One year includes water and is
$1.25 per square foot of your garden.
A Kidney Fund truck has been added to the recycling center will take household
items, clothes, and furniture. Toys and appliances can also be accepted.
Mr Steve Ciaccio, Parks and Rec Director spoke about the accident that damaged
the Wolfe Center caused by a vehicle that drove through the building. It is currently
closed however staff will be present. All activities on the land side are closed and the
pool will reopen Wednesday. The damage is still being assessed. The AARP tax
event is also canceled.
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The Easter Egg Hunt and movie at Tolleson Park will be March 19, 2016 at dusk.
Children under 10 and advance tickets are $5.00 or $10 same day purchase.
Summer Concert Series will hold table reservations from May 16 - May 26. Concerts
are June 11, July 16 and the birthday celebration August 6.
Tables for residents are $30 June and July and $40 for the birthday celebration.
Several pictures were shown of the various rental facilities available in the City.
Scott Stokes, Public Works Director mentioned the current and upcoming SPLOST
projects:
Roads
Parks
Sidewalks
Trails
Curb and Gutter
Bridge Rehab
Windy Hill Boulevard
Pavement Resurfacing
Studies
Water Main
Sanitary Sewer
Storm water
The City has approximately 12,600 feet of new and improved roadway.
ATMS: Automated Traffic Management System has 52 traffic signals, 5 closed circuit
television cameras and installed approximately 140600 linear feet of fiber optics.
2011 SPLOST project was an upgrade to all City packs and buildings with security
cameras.
Sidewalk, Trails and Curb work map was shown and discussed.
Windy Hill Boulevard project is under design and the biggest to be tackled in many
years. The design was shown and explained.
Bridge Rehab, Paving Projects, Storm/Sanitary Sewer modeling map was shown.
Water Mains 2015 and 2016 replacement were shown.
Storm water projects were listed and shown.
Community Development Director Ken Suddreth gave the following department
report.,
Department responsibilities include
Planning and Zoning
Building Permits and Inspections
Business License and Alcohol Tax Certificates
Code Enforcement
Economic Development
Population currently stands at 58000+ in 2020.
22 total rezoning's were processed in 2015, 49 Variances and 11 annexations
totaling over 20 acres.
Current projects were reviewed and listed.
Projects underway include Belmont and Jonquil Plaza. Riverview Landing was also
discussed.
Vision hired a new Community Liason who will begin March 14th.
There will be a sign ordinance update in 2016 and a comp plan update that is due
October 2017.
Building Inspections completed were shown and compared from 2014 to 2015.
Soil erosion drainage inspections were about 500 less in 2015 than 2014.
Code Compliance had over 1500 total violations last year. About 6% of those ended
up in Court which resulted in $38,000+ in total fines. Tall weeds and grass the
majority of the complaints.
Melanie Fouts took early retirement, Jerry Jacobs resigned and Patrick Law was
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City Council , Meeting Minutes - Final March 7, 2016
hired from another internal position.
Business Licenses total for 2015 was 2808.
There are 120 alcohol locations with licensing.
349 new businesses in 2015. We also lose about 350 businesses.
Economic Development was reveiwed as well.
Current projects were also reveiwed that initiated from economic development.
Will Smith was hired to replace Jared Sigmon who transferred to Finance.
5. Land Issues/Zonings/Annexations:
There were no Land Issues, Zonings or Annexations
6. Privilege Licenses:
There were no Privilege Licenses
7. Formal Business:
A. Approval of Ordinance 2016-03 to Amend City of Smyrna Code of
Ordinances Chapter 2, Article II, Division 2, Section 2-46: Regular
meeting; time; days; place to move the regular City Council meeting
time from 7:30pm to 7:00pm
Sponsors: Fennel
City Administrator Mike L Jones stated the following background:
This item is a recommendation to change the regular City Council meeting time to
TOOpm from 7:30pm. The City Council established the current 7.,30pm regular
meeting time in 1977. Since 1977 the City has experienced extensive population
growth and re -development. This growth has resulted in lengthier City Council
agendas. A time change from 7:30pm to TOOpm is recommended in order to allow
more public participation which is one of the Governing Bodys overall goals and
objectives. Furthermore, the 7:00pm start time will make Smyrna consistent with
other Cobb County cities such as Acworth, Austell, Marietta, and Powder Springs. If
passed, the time change will take effect Monday, April 18, 2016.
A motion was made by Councilmember Ron Fennel to approve item ORD2016-03 for
Ordinance 2016-03 to Amend the City of Smyrna Code of Ordinances Chapter 2,
Article II, Division 2, Section 2-46: Regular meeting; time; days; place. To move the
regular City Council meeting time from 7:30pm to 7:00pm to be effective at the Mayor
and Council Meeting on April 16, 2016, seconded by Councilmember Teri Anulewicz.
The motion carried by the following vote:
Aye: 5 - Councilmember Blustein, Councilmember Anulewicz, Councilmember
Welch, Councilmember Stoner and Councilmember Fennel
Absent: 2- Councilmember Norton and Councilmember Wilkinson
B. Approval of a Fee Waiver Request for Building Permit Fees of $2,100
and Occupational License Fees of $14,500 from GARDAWORLD to
assist with expenses associated with their relocation from 5400 United
Drive to 1860 Freeman Parkway.
Sponsors: Fennel
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City Administrator Mike L. Jones read the follwing background for this item:
THis item is for the approval of a Fee Waiver Request for Building Permit Fees of
$2,100 and Occupational License Fees of $14,500 from GARDAWORLD to assist
with expenses associated with their relocation from 5400 United Drive to 1860
Freeman Parkway.
A request from GARDAWORLD for the waiver of Building Permit Fees and
Occupational License Fees for the purpose of defraying relocation costs associated
with a move from 5400 United Drive, Smyrna, GA to 1860 Freeman Parkway Smyrna
,GA
In 1999 GARDAWORLD first located to 5400 United Drive in the City of Smyrna and
have been in that location since that time. Over the last year GARDAWORLD has
been reviewing its'space requirements and has determined that the space they are
occupying no longer meets their current needs and anticipated future operations.
They have been searching for a replacement location and have identified a suitable
facility located at 1660 Freeman Parkway. In order to accomodate their very
specialized security needs they will incur significant improvement costs (currently
estimated at $300,000). They are prepared to sign a long term lease (10 Years) for
the aforementioned Freeman Parkway facility. In February 10, 2016, letter (see
attached letter) GARDAWORLD requested a waiver of Building Permit Fees in the
amount of $2100 and the waiver of Occupational License Fees for four (4) years in
the amount of $14,500 ($3, 625year). This is a total fee waiver request of $16, 600.
This waiver will help them defray their relocation costs and remain in Smyrna. They
currently have 140 employees. Based on the long term lease commitment and the
fact that 140 jobs are being retained in the community, the Cobb Development
Authority is willing to partner with the City of Smyrna and consider a $20, 000
Relocation Grant to assist GARDAWORLD with their anticipated expenses.
Staff has prepared an Incentives Recapture Analysis (see attached spreadsheet).
This analysis estimates that the ad valorem property taxes resulting from the
increase in the Fair Market Value that accrues to the property from the proposed
improvements. That analysis indicates that the fees will be recaptured in less than
three (3) years.
A motion was made by Councilmember Ron Fennel to approve item 2016-108 for a
Fee Waiver request for building permit fees of $2,100 and occupational license fees
of $14,500 from GARDAWORLD to assist with expenses associated with their
relocation from 5400 United Drive to 1860 Freeman Parkway, seconded by
Councilmember Doug Stoner. The motion carried by the following vote:
Aye: 5- Councilmember Blustein, CouncilmemberAnulewicz, Councilmember
Welch, Councilmember Stoner and Councilmember Fennel
Absent: 2- Councilmember Norton and Councilmember Wilkinson
C. Approval of Intergovernmental Agreement for Title Ad Valorem Tax
between the City of Smyrna and Cobb County and Authorize the
Mayor to sign any related documents.
Sponsors: Fennel
Interim City Administrator Mike L. Jones Read the follwoing:
This item is for the approval of Intergovernmental Agreement for Title Ad Valorem
Tax between the City of Smyrna and Cobb County and Authorize the Mayor to sign
any related documents.
The Ad Valorem tax distribution for 2016 will change based on statutory calculations
for calendar year 2016. The percentage of TAVT the State will receive will be
59.45%. The local government distribution will be 40.55%.
House Bill 386 was passed by the Georgia Legislature in 2012. The Bill included a
new Title Ad Valorem Tax (TA V7) on motor vehicles which replaced the sales and
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City Council Meeting Minutes - Final March 7, 2016
use tax at purchase as well as the annual ad valorem tax on motor vehicles. This
change became effective March 1, 2013. The Cobb County Tax Commissioner
collects this tax and remits to the City on a monthly. In order for the City to receive its
portion, an intergovernmental agreement with Cobb County must be signed. On
February 18, 2013 an intergovernmental agreement was approved by Mayor and
Council to enter into an intergovernmental agreement with Cobb County for the City
of Smyrna to receive a distribution of the Title Ad Valorem Tax of 46.55%. The State
calculation of distribution was 53.5%. The change for calendar year 2016 decreases
the amount remitted to the City by 5.95%.
Staff recommnedation is for approval for the Mayor to sign the intergovernmental
agreement with Cobb County for the distribution of the Title Ad Valorem Tax.
A motion was made by Councilmember Ron Fennel to approve item 2016-114 the
Intergovernmental Agreement for Title Ad Valorem Tax between the City of Smyrna
and Cobb County and Authorize the Mayor to sign any related documents, seconded
by Councilmember Teri Anulewicz. The motion carried by the following vote:
Aye: 5- Councilmember Blustein, Councilmember Anulewicz, Councilmember
Welch, Councilmember Stoner and Councilmember Fennel
Absent: 2- Councilmember Norton and Councilmember Wlkinson
D. Authorize the acquisition of real property, by all lawful means, for a
road project and improvements to be known as Glendale Blvd. The
property is situated within an area stretching from South Cobb Drive to
Old Concord Rd. This authorization includes adopting a Resolution
and Declaration of Taking for the following parcels, and authorizing the
mayor to execute such documents and all other documents incident to
these acquisitions:
Property of South Cobb Festival, LLC located in land lot 346 of the
17th district 2nd Sec and a portion of 2500 South Cobb Drive (Parcels
No. 1&2)
Property of Lolina Hunn Properties, LLC located in land lot 345 of the
17th district 2nd Sec and a portion of 2525 Old Concord Rd (Parcel
No. 4)
Sponsors: Fennel
The City Administrator Mike L. Jones read the following background for this item:
This request is for the authorization of the the acquisition of real property, by all lawful
means, for a road project and improvements to be known as Glendale Blvd. The
property is situated within an area stretching from South Cobb Drive to Old Concord
Rd. This authorization includes adopting a Resolution and Declaration of Taking for
the following parcels, and authorizing the mayor to execute such documents and all
other documents incident to these acquisitions:
Property of South Cobb Festival, LLC located in land lot 346 of the 17th district 2nd
Sec and a portion of 2500 South Cobb Drive (Parcels No. 1&2)
Property of Lolina Hunn Properties, LLC located in land lot 345 of the 17th district 2nd
Sec and a portion of 2525 Old Concord Rd (Parcel No. 4)
A motion was made by Councilmember Ron Fennel to approve item 2016-122 to
authorize the acquisition of real property, by all lawful means, for a road project and
improvements to be known as Glendale Blvd. The property is situated within an area
stretching from South Cobb Drive to Old Concord Rd. This authorization includes
adopting a Resolution and Declaration of Taking for the following parcels, and
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authorizing the mayor to execute such documents and all other documents incident
to these acquisitions:
Property of South Cobb Festival, LLC located in land lot 346 of the 17th district 2nd
Sec and a portion of 2500 South Cobb Drive (Parcels No. 1 &2)
Property of Lolina Hurn Properties, LLC located in land lot 345 of the 17th district 2nd
Sec and a portion of 2525 Old Concord Rd (Parcel No. 4); seconded by
Councilmember Doug Stoner. The motion carried by the following vote:
Aye: 5- Councilmember Blustein, Councilmember Anulewicz, Councilmember
Welch, Councilmember Stoner and Councilmember Fennel
Absent: 2 - Councilmember Norton and Councilmember Wilkinson
E. Approve the re -appointment of the (DDA) Downtown Development
Authority Members as follows: Kevin Drawe, Jim Duelmer, Larry
Freeman, Kimberly Gangemi and Jason Saliba for a term to expire
April 2017.
Sponsors: City Council
A motion was made by Councilmember Doug Stoner to approve item 2016-117 the
re -appointment of the (DDA) Downtown Development Authority Members as follows:
Kevin Drawe, Jim Duelmer, Larry Freeman, Kimberly Gangemi and Jason Saliba for
a term to expire April 2017; seconded by Councilmember Ron Fennel. The motion
carried by the following vote:
Aye: 5- Councilmember Blustein, Councilmember Anulewicz, Councilmember
Welch, Councilmember Stoner and Councilmember Fennel
Absent: 2 - Councilmember Norton and Councilmember Wilkinson
F. Approval of appointment to the DDA (Downtown Development
Authority) - Dianne Rasin to serve a term to expire April 2017.
A motion was made by Charles (Corkey) Welch to approve item 2016-118 for the
appointment to the DDA (Downtown Development Authority) - Dianne Rasin to serve
a term to expire April 2017, seconded by Councilmember Andrea Blustein. The
motion carried by the following vote:
Aye: 5- Councilmember Blustein, Councilmember Anulewicz, Councilmember
Welch, Councilmember Stoner and Councilmember Fennel
Absent: 2- Councilmember Norton and Councilmember Wilkinson
8. Commercial Building Permits:
There were no commercial building permits
9. Consent Agenda:
The consent agenda was read aloud for the approval by the Mayor and Council.
The consent agenda was read aloud by City Administrator Mike Jones, a motion was
made by Councilmember Doug Stoner to approve the consent agenda as read,
seconded by Councilmember Ron Fennel. The motion carried by the following vote:
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City Council Meeting Minutes - Final March 7, 2016
Aye: 5- Councilmember Blustein, Councilmember Anulewicz, Councilmember
Welch, Councilmember Stoner and Councilmember Fennel
Absent: 2- Councilmember Norton and Councilmember Wlkinson
A. Approval of the February 15, 2016 Mayor and Council Meeting
Minutes
Sponsors: City Council
B. Award bid RFQ 16-028 Concrete Work to the lowest bidder Braswell
Concrete LLC unit pricing for concrete work and authorize the Mayor
to execute any related documents.
Sponsors: Welch
C. Authorization to renew and extend the cell tower lease agreement
between the City of Smyrna and Crown Castle and authorize Mayor to
sign any related documents.
Sponsors: Fennel
D. Approval to close road for Smyrna Elementary School Foundation
beginning with Belmont Place SE from round -a -bout to Fleming,
March 19, 2016, 8 AM - 3 PM, the event will begin at 10 AM
Sponsors: Anulewicz
E. Approval to use Council Chambers for Smyrna Vision Education
Community Meeting, March 22, 2016, from 6:00pm - 7:30pm
Sponsors: Anulewicz
Approval to use Council Chambers for Vinings Forest Condos HOA
Meeting, Thursday, March 31, 2016 from 6:00pm - 9:00pm
Sponsors: Stoner
10. Committee Reports:
WARD 2 - Councilmember Andrea Blustein remarked that she wanted to clarify that
KSB would be having the shredding event in the Wolfe Center Parking lot so the
recent damage would not affect this event. She also noted she is planning a Town
Hall meeting in April but the location is unknown.
WARD 3 - Mayor Pro Tem/Councilmember Teri Anulewicz remarked that all are
thankful that the catastrophe at the Wolfe Center was only structural and no one was
injured. She congratulated KSB on the awards won. She noted they were recognized
over and over again, year after year.
She stated she was excited to be Chairing the Vision Committee along with
Councilmembers Blustein and Norton. There were 14 goals identified to be achieved.
She spoke about the success of the Arts and Cultural Committee. If interested in
participating please contact her.
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WARD 4 - Councilmember Corkey Welch spoke about his tour of the Smyrna Grove
homes and replied they were absolutely gorgeous. He mentioned he would not be at
the April 4th Council meeting.
WARD 6 Councilmember Doug Stoner spoke about the Smyrna Hospital / Emory
Hospital item in the paper. He said they would be making a 33.8 million dollar
investment in the community and tum it into a surgical center. It will take several
months to get up and running and will be completed in 3 phases. He is hopeful that
an emergency room will be back in the location in the near future.
WARD 7 - Councilmember Ron Fennel remarked about his attendance in the
groundbreaking of the Wellstar Vining's Health park. That is a 77 million dollar
investment in the community. He also stated that Creekside Village would be opening
soon with Phase 1. Whitfield Academy celebrated the finalization of their accrual of
100 across total for their campus. Finance was working towards next years budget
and the City had a lot of financial strength, He also reminded citizens of Daylight
Savings Time this Saturday.
11. Show Cause Hearings:
12. Citizen Input:
13. Adjournment:
There were no Show Cause Hearings
Alex Backry commented on the purchase of outparcels at Jonquil Plaza 8 years ago,
SPLOST monies for road repairs and government needing to stay out of the real
estate business.
Mike Dethloff spoke again about the Air B&B next door to his home in Smyrna, read
aloud an email sent to City Attorney Scott Cochran by Representative Rich Golick
and read aloud a printout from the intemet of other states and their issues with Air
B&B's. He urged Council to move forward with an Ordinance and asked Mayor Bacon
for a response in the next few weeks,
8:50 PM
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A. MAX BACON,
MAYOR AND COUNCIL MEETING
TERRI GRAHAM, CITY CLERK
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TERI ANULEWICZ, WARD 3
MAYOR PRO TEM
SUSAN WILKINSON, WARD 5
FENNEL, WARD 7
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CHARLES A.WELCH, WARD 4
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DOUG S • WARD