11-17-2014 November 17, 2014 Final Signed M&C Minutes2800 King Street
l 'by o@S Smyrna Smyrna, Georgia 30080
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Meeting Minutes - Final
City Council
i
Monday, November 17, 2014 7:30 PM Council Chambers
t
Rolf Call
Present: 8 Mayor Max Bacon, Mayor pro tem/Councilmember Melleriy Pritchett,
s Councilmember Andrea Blustem, Councilmember Teri Anulewicz,
Councilmember Charles Welch, Councilmember Susan Wilkinson,
r Councilmember Wade Lnenicka and Councilmember Ron Fennel
` Also Present: 16 Toni Jo Howard, Jennifer Bennett, Terri Graham, Heather Corn, Steve
Ciaccio, Scott Cochran, Scott Stokes, Russell Martin, Kay Bolick, Ann Kirk,
David Lee, Ken Suddreth, Dat Luu, Mary Moore, Tony Leonard and Brian
Marcos
Call to Order
Mayor Max Bacon called the meeting to order at 7:30 PM
1. Invocation and Pledge:
Mayor Bacon called on Pastor Phil Manginelli to give the invocation but he was not in
attendance. Mayor Bacon requested that Councilmember Charles (Corkey) Welch
give the invocation and lead all in the Pledge of Allegiance_
2. Agenda Changes:
There were no agenda changes
3. Mayoral Report:
A. Citizen's Police Academy Graduating Class Ceremony and
Presentation of Certificates
Sponsors Fennel
The Smyrna Police Department Citizens Police Academy has graduated and was in
attendance to receive their class certificates and be recognized. This was the third
graduating class. Some of the sessions included instruction on traffic enforcement,
crime scene processing, use of force, firearms safety, medical examiner's office
procedures, and they participated in azide along with Smyrna officers.
Chief David Lee was asked by Mayor Bacon to come forward and Chief Lee thanked
Captain Leonard for his exceptional work with this program.
Captain Leonard called participants to receive their certificates and introduced the
following graduates:
Joy Belyeu
Angie Copado
Pedro de Jesus
Kathleen Gaertner
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Mariah Hardiman
Michael Haynes
Dat Luu
Ralph Pascale
Robyn Phillips
Nancy Reyes
Dennis Taboada
Megan Tanner
Phonicial Washington
Mayor Bacon asked if any of the participants wanted to be recognized to speak as a
"Mayor" for the group and talk about the experience as participants. Mr. Pedro
deJesus came forward and spoke on the class' behalf saying they had an amazingly
good time and it opened their eyes as to what officers do on a daily basis. The class,
as a whole, had a new respect for officers and were grateful for how the officers went
the extra mile with their kindness and patience with all the participants questions.
Captain Leonard was instrumental in encouraging the class and many would like to
continue by volunteering at Police Department events.
B. Proclamation in Recognition of Ask-kay Electrical Contractors, Inc. -
50 Year Anniversary
Sponsors: Wilkinson
Proclamation for Ask-kay Electrical Contractors, Inc. was read aloud by
Councilmember Susan Wilkinson in honor of their 50 years business anniversary in
the City of Smyrna. Some of the highlights of the proclamation were that many family
members currently work for the company and their treasurer has been there for 36
years. They have always been a family business and originally started out of their
home.
Councilmember Wilkinson presented the proclamation to the owner of Ask-kay and
the owner and his son spoke about their gratitude and love for the City of Smyrna and
thanked their spouses, other family members and especially the employees of
Ask-kay.
4. Land Issues/Zonings/Annexations:
A. Public Hearing - Zoning Request Z14-025 - Zoning Amendment to
modify the currently approved site plan and building elevations - 5.63
Acre Tract - Land Lot 607 - 4781 Camphighland Road - Portico
Properties, Inc.
Sponsors: Fennel
Mayor Bacon asked Finance Director Toni Jo Howard to read aloud the background
for this zoning.
Portico Properties, Inc. is requesting a rezoning amendment to modify the currently
approved site plan and building elevations for the property located at 4781 Camp
Highland Road. The zoning amendment will reduce the currently approved
subdivision from eighteen lots to three lots due to a lack of sewer availability and
topography issues. The subject property was rezoned from GC to RAD -Conditional
for development of 18 single family homes on April 17, 2006 by the Mayor and
Council by a vote of 7-0.
The public hearing was announced by the Mayor and he asked any speakers to
come forward and be sworn in by City Attorney Scott Cochran. Two individuals came
forward to be identified as the applicant, Terrence Lewis and a neighbor to the
development, Jody Weiss and both were sworn.
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Councilmember Ron Fennel called on Community Development Planner II, Mr.
Russell Martin who gave more detailed background and staff recommendations.
He stated the property was rezoned in 2006 and they were now proposing to modify
the plan. Some of the original conditions had been either deleted or modified to
accommodate the new plan. Additionally they had added two new conditions.
Because of the economic downturn, the property was never developed. The
conditions were listed as follows and read aloud by Mr. Martin:
Standard Conditions
(Requirement 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 and stucco. Four sided
Z14-025
architecture should be utilized for each residence. Staff shall approve all elevations
priorto the issuance of a building permit.
2. DELETED {rhe developer shall provide a landscaped buffer with a minimum width
of 20' parallel to any right-of-way external to the development.}
3. There shall be protective covenants with a mandatory homeowners association on
all lots. These protective covenants shall be supplied to the City prior to the issuance
of a
building permit.
4. DELETED {The developer shall provide at least 200 square feet of common space
per lot. This common space shall be developed with improvements for the residential
subdivision such as: gazebos, fountains, recreational/playground equipment or
walking trails. The common space shall be controlled and maintained by the
Homeowners Association}
5. MODIFIED The detention facility 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. DELETED FROM #5 {The
detention facility shall be sodded and landscaped. It shall also include a decorative
wrought iron fence with interspersed brick columns around the street side.}
6. All utilities within the development shall be underground.
7. MODIFIED 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 DELETED FROM #7 {inside the subdivision and} outside the subdivision
adjacent to any public right-of-way consistent with City's requirements for the extent
of the development. A grass buffer with a minimum width of 2' shall be provided
between the back of curb and sidewalk.
8. DELETED {rhe developer shall install a deceleration lane at the entrance for the
subdivision. The deceleration lane shall have a minimum length of 150 feet with a
50 -foot taper:}
9. DELETED {A strip of brick pavers or stamped concrete shall be installed on the
street at the subdivision entrance for a minimum distance of 20 feet.}
10. DELETED {The development of any streets (including private) shall conform to
the City's standards for public right-of-ways.}
11. No debris may be buried on any lot or common area.
12. DELETED {rhe developer will install decorative streetlights within the
development, subject to approval by the City Engineer. Utilization of low intensity,
environmental type fighting, the illumination of which shall be confined within the
perimeter of the subject property through the use of "full -cutoff lighting".214.025}
13. 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.
14. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
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15. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
16. 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 two 2" caliper and two
4" caliper
trees unless otherwise approved by the City 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
17. Minimum floor area shall be MODIFIED {2,800 to} 2,500 square feet.
18. The development shall maintain the following setbacks:
Front — MODIFIED {15' to} 20'
Side (interior) — Minimum 15' from wall face to wall face)
DELETED {Street Side — 25'}
Rear — 20'
Driveway — 22' minimum length from building face ADDED {to back of sidewalk}
19. ADDED {Approval of the requested zoning amendment shall be conditioned upon
the development of the property in substantial compliance with the submitted site
plan dated
11/6/2014 created by London Patterson Engineering Support Services.}
20. ADDED {The applicant shall be bound to the elevations submitted and dated
10/10/2014. Approval of any change to the elevations must be obtained from the
Director of
Community Development.}
Mayor Bacon recognized the applicant, Mr. Terrance Lewis of Portico Properties. Mr.
Lewis came forward to the podium to speak and answer questions about this
development.
Councilmember Ron Fennel addressed Mr. Lewis and asked him to give the detail of
himself, the company and the proposed development. Mr. Lewis stated Portico
Properties currently has ongoing construction on Lois Street and North Cooper Lake
Rd. He stated the homes price point would be in the $500,000 range and the homes
would face south to have a view of the Atlanta skyline. This was previously zoned for
a development of 18 homes on 5 acres and is now only a 3 home development on
the same acreage.
Mayor Bacon announced the public hearing and Mr. Jody Wise of 4810 Camp
Highland Parkway came forward to speak. He stated he has not been contacted by
the developer and his property borders this acreage. He said he came to address the
buffer between his home and the new homes because the new homes had been
turned south, which reduced the buffer from 50' down to only 5' with his property.
Councilmember Fennel asked Mr. Wise what the current size of his property was and
he indicated it was less than a 1/2 acre.
Mr. Wise addressed Community Development Planner, Russell Martin and asked
him to confirm how much buffer there would be between his property and the new
homes. Mr. Martin stated 5'. Mr. Wise asked if there were any stipulations requiring a
fence between his property and the new homes. Mr. Martin answered this was not a
condition. Mr. Martin reiterated that the original plan was for 18 single family homes.
Mr. Wise felt his home would now be in a valley because of the size of these three
homes. There was discussion as to the maximum height of the home and it was
stated it could not be any more than 35'.
Mayor Bacon said that the zoning had not changed from the original development of
18 homes. Mr. Martin noted that the orientation of the homes themselves had
changed.
Councilmember Wilkinson asked about the rear yards of the previously zoned homes
and Mr. Martin stated they would have had a 50' buffer.
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A motion was made by Councilmember Ron Fennel to approve Zoning Request
Z14-025 - Zoning Amendment to modify the currently approved site plan and building
elevations on a 5.63 Acre Tract in Land Lot 607 located at 4781 Camp Highland
Road the applicant is Portico Properties, Inc. with stipulations provided by Community
Development, the builder has agreed in all cases to those stipulations and the
stipulations are attached, seconded 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
5. Privilege Licenses:
There were no privilege licenses
Formal business:
A. Authorize the acquisition of approximately 1.6 acres at 6091 Oakdale
Rd for a purchase price of $200,000.00 to be used for parks purposes
and authorize the Mayor to execute all documents incident to the
transaction.
Sponsors: Fennel
Toni Jo Howard, Finance Director read the background for this property purchase_
This item is to authorize the acquisition of approximately 1.6 acres at 6091 Oakdale
Rd for a purchase price of $200,000.00 to be used for parks purposes and authorize
the Mayor to execute all documents incident to the transaction
Councilmember Ron Fennel explained the history of these two lots and their need for
additional parking at the soccer field adjacent to the properties. The recommendation
would be for approval to purchase these lots and make them part of Parks and
Recreation's inventory and use them for the necessary purposes that would serve
best for the soccer field.
A motion was made by Councilmember Ron Fennel to authorize the acquisition of
approximately 1.6 acres at 6091 Oakdale Rd for a purchase price of $200,000.00 to
be used for parks purposes and authorize the Mayor to execute all documents
incident to the transaction, seconded by Mayor Pro Tem/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
rEl
There were no commercial building permits.
8. Consent Agenda:
8. Consent Agenda:
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Approval of the Consent Agenda
A motion was made by Mayor Pro Tem/Councilmember Melleny Pritchett, seconded
by Councilmember Teri Anulewicz, to approve the Consent Agenda. 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 Mayor and Council Meeting Minutes for November 3, 2014
Sponsors: City Council
This Minutes was approved.
B. Approval of City of Smyrna Travel Regulations for Employees,
Appointed and Elected Officials
Sponsors: Anulewicz
This Authorization was approved.
C. Approval to purchase replacement laptop computers and vehicle
docks as part of the FY15 computer replacement CIP project in the
amount of 37,310.00
This Authorization was approved.
D. Mayor and Council Award RFP 15-014 Chuck Camp Park Sod
Replacement to the lowest bidder Old Mountain Contracting Company
for $26,268.00 and authorize the Mayor to execute any related
documents.
Sponsors: Wilkinson
This Bid/RFP Award was approved.
g. Committee Reports:
Mayor Pro Tem/Councilmember Melleny Pritchett reminded everyone to be very
careful this evening because of the drop in temperatures. The expected temperatures
would be in the teens so she reminded citizens to drip faucet's to keep pipes from
freezing.
Councilmember Andrea Blustein invited Ken Suddreth, Director of Community
Development, to give a report. Mr. Suddreth said October was a very good month.
The numbers for the month show about 65% ahead. Revenues, new dwellings,
walk-in's, permits and construction value were all up and in the positive range. In total
the department is 25% ahead of last year overall. Councilmember Blustein wished
everyone a great Thanksgiving holiday. She also reminded them to take care of pets
in the colder weather.
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Councilmember Teri Anulewicz noted that neither finance nor Community relations
had a report. She wished everyone a Happy Thanksgiving and reiterated safety in the
colder weather.
Councilmember Corkey Welch invited Keep Smyrna Beautiful Director, Ann Kirk to
give her report. She talked about recycling for oil from frying turkeys can be recycled
at the recycling center, fire station or at the curb in its original jug. There are
approximately 100 bags of jonquils left and they are selling 100 for $15 at the
recycling center. She also spoke about recycling citizens live Christmas trees on
Bring One for the Chipper Day on January 3, 2015. You will receive a free tree
seedling or seed packet as a thank you at the Vinings Home Depot,
Scott Stokes, Public Works Director, spoke about the holiday sanitation schedule.
Monday, Tuesday and Wednesday will be garbage pick-up days. The downtown
lighting is being put up for the Come Home for the Holidays event on December 2,
2014. All the decorations have new LED lighting including the trees and there are
new ornaments. Councilmember Welch reminded everyone that King Springs and
Dunn Streets are closed. Neighbors have complained that cars are speeding through
the side neighborhoods so please slow down.
Councilmember Susan Wilkinson called on Steve Ciaccio, Director of Parks
Department for a report. December 2nd is the tree lighting and coat drive event both
on the Village Green and in the Community Center. Youth and adult choral groups
will be performing at 5:00pm in the Community Center, two high qualities Christmas
puppet shows, a trackless train to take folks around the green, and Campbell High
Schools Band will precede Santa's 7:O0pm arrival to light the tree. After Santa lights
the tree the Atlanta Vocal Project, an acapella men's group will perform in front of the
library. If there is inclement weather, the outdoor portion will be held the following
Tuesday, December 9th. The indoor portion will remain. The coat drive will be
throughout the season but folks are encouraged to bring a coat as admission to the
festivities.
Library Director, Mary Moore was invited to give a report. To raise additional funds for
the library, Friends of the Library have note cards and canvas prints created by local
architect Thomas Smith of Smith Bolan, with different sketches of Smyrna sites for
sale. Make and Take Crafts will be on Monday, Tuesday and Wednesday. Sunday,
Dec 7th the library will have a speaker talking about military aviation of World War 1
and II. It is also Pearl Harbor Day.
Councilmember Wade Lnenicka invited Human Resources Director Kay Bolick to
give a report. She spoke about the Civil Service Board members that were sworn in
tonight and thanked outgoing members for their service and welcomed new
members. Kay also displayed a plaque Smyrna received from the Georgia Local
Government Association conference at Brasstown valley. The 2014 Small Agency
Achievement Award was given for their supervisory training program put together
back in the summer. Many of the speakers offered their time for free and the total
cost for the 70 supervisors who each received 21 hours of training was approximately
$14.50 per supervisor. She thanked her staff for their hard work.
Councilmember Lnenicka talked about his busy month. Last Tuesday was Veterans
Day and it was a beautiful day at the Veterans Memorial. On the 13th he attended
the annual meeting of the Forrest Hill Preservation Group. The new Zaxby's is now
open and full every time he passes. The 17th was the Cobb Chamber Military
Luncheon and he thanked them for the invite. Wednesday, Nov 19th from 5pm - 7pm
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will be a free wellness screening with flu shot. He wished all a Happy Thanksgiving.
Councilmember Ron Fennel invited Chief Lee to come forward and he reminded
everyone of the Ward 6 Quik Trip opening this week. Chief Lee spoke about the
success of Halloween night. The SWAT Team just got back from Orlando, FL from
SWAT Round Up. Smyrna's crime rate is down 31 % from this time last year. The
monthly leadership classes are being opened to a few more employees at no cost to
them. Councilmember Fennel thanked the officers for their professionalism during
some high profile events, specifically the car chase down Windy Hill. The Chief
commended one officer in particular who has been on the force for 3 years but his
radio traffic was that of a twenty year veteran.
Councilmember Fennel asked the Fire Department's Brian Marcos to give the fire
department report. Annual Shop With A Hero Day is Friday, December 12th. He
thanked the Smyrna businesses and citizens for their generosity in bring this event to
fruition. Our Fire Department has a twin city, Smyrna TN. that we will be working with
in regards to our preparedness plan. They found out about us through FEMA and
contacted us to partner. Assurance was given that with the closing of Emory
Adventist Hospital, the department has met with the ambulance services and other
local hospitals to assure residents that any needed emergency can and will be
handled and there are several local hospitals available to service the citizens.
Councilmember Fennel has received two calls regarding The Hooper Turner house.
The original intent of the property was to save this property owned by the city for the
last 10 years. The City stepped in to save the home from destruction and purchased
it for $150,000 and it has been on the market for the last 10 years with no potential
buyers. Many creative ways have been tried and failed in finding someone to acquire
the property. Councilmember Fennel is a big proponent of the Civil War preservation,
however the citizens are not in the business of preservation by the City. It is time to
move on with this house. He hopes there is someone out there that will bring a viable
offer to purchase the home and property and preserve it but to date there has not
been one nickel put toward the preservation.
10. Show Cause hearings:
A. Appeal of the denial of application for an alcohol servers permit for
Cassandra Alexis Toles.
Sponsors: Blustein
Cassandra Toles was called forward and City Attorney Scott Cochran gave the
background and the previous vote of the License and Variance Board. Ms. Toles was
denied the permit due to false information entered on the application. Mr. Cochran
swore her in and she was asked questions as to the nature of her appeal. She has a
letter from a manager at Varner's where she is currently employed and a manager is
also present with her for moral support. She spoke about wanting to work to start
saving monies for a three month online course to teach English abroad. She is trying
to turn over a new leaf, make better choices and move forward with her life. She read
a letter written by the manager.
Mr. Cochran asked if she has anything additional to add. She said that she is
apologetic for checking no on the application and hopes to obtain an attorney to help
with her defense. She felt her arrest was unlawful.
Councilmember Blustein asked if Ms. Toles intentionally tried to deceive the board
and what was her reasoning for checking no, that she had not been arrested. She
answered she was not intentionally trying to deceive she was just trying to try
because she figured if she checked No they would not accept the application.
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11. Citizen Input:
12. Adjournment:
Councilmember Blustein responded that it sounded more like convenience.
Councilmember Fennel spoke to the applicant regarding the privilege of obtaining a
server's permit in the City of Smyrna. He applauded her efforts to turn over a new leaf
and wished her well on her wanting to make the necessary changes.
The question was asked by Councilmember Welch if the applicant had ever held a
server's permit and she responded no because although she had served alcohol in
other cities it was not a requirement of those cities.
Councilmember Lnenicka asked Miss Toles what kind of court appearance was she
going to on December 16, 2014. She stated it was the first hearing since her arrest.
She also said if she was unable to hire an attorney she expected to apply for a public
defender at that hearing.
Mayor Bacon spoke about the council's leniency in regards to second chances, but in
this instance because she was not honest on the application and the License and
variance Board denied her appeal, he felt that if the council overturned that decision it
would undermine the board for all future decisions. This is the first instance he knows
of that an applicant has lied on the application.
Councilmember Blustein told the applicant that once she gets her pending charges
straightened out she was welcomed to come back before the board for possible
reinstatement.
A motion was made by Councilmember Andrea Blustein to uphold the denial of
2014-366 an appeal of the denial of application for an alcohol server's permit for
Cassandra Alexis Toles, seconded by Mayor Pro Tem/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
Alex Backry had comments regarding the 10' buffer and would like to see the buffer
for commercial be set the same as the residential buffer or extend them both to more
than 10'. He talked about several tree lines removed for construction purposes.
Roberta Cook, 5911 Greywood Circle, Mableton, Ga. spoke about the demolition of
the Hooper Turner house. She introduced herself as the Coordinator of the Riverline
Historic Society, www. riverline.org. She implored any interested parties to come
forward and save this historical home. She stated it was documented to have been a
hospital during the Civil War and it on the list of Cobb County historic register. A
party needs to purchase the home by Christmas in order to save it. The home dates
back to the 1850's.
Mark Serfass, 277 Early Parkway. Born in Smyrna and recently returned from living in
Texas. He spoke about the demolition of the Hooper Turner House. To preserve this
home takes vision and leadership. He stated the county and city need this home as it
represents pioneer families that settled here. He stated he is willing to put his money
where his mouth is. He offered to head up a fundraiser to save the home if the Mayor
and Council were willing to participate.
Mayor Bacon talked about the Smyrna Hooper House and the poor condition it is in,
the ten years that folks have had to save this home and the mold that has now taken
over the home.
Mayor Max Bacon adjourned the meeting at 9:14 PM
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A. MAX BACON MAYOR TERRI GRAHA
' M, CITY CLERK
7MELUNY P HET , WARD 1 ANDREA BLUSTEIN, WARD
T RI ANULEWICZ, VA�RD 3 CHARLES A.WELCH, WARD 4
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(S AN WILKINSON, WARD 5 WADE S. L NICKA, WARD 6
RO ENNEL; WARD 7