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12-1-2014 December 1, 2014 M&C Meeting Minutes2800 King Street Smyrna, Georgia 30080City of Smyrna Meeting Minutes - Final City Council 7:30 PM Council ChambersMonday, December 1, 2014 Roll Call Mayor Max Bacon, Mayor pro tem/Councilmember Melleny Pritchett, Councilmember Andrea Blustein, Councilmember Teri Anulewicz, Councilmember Charles Welch, Councilmember Susan Wilkinson and Councilmember Wade Lnenicka Present:7 - Councilmember Ron FennelAbsent:1 - Toni Jo Howard, Ken Suddreth, Russell Martin, Dan Campbell, Scott Cochran, Terri Graham and Heather Corn Also Present:7 - Call to Order Mayor Max Bacon called the meeting of the Mayor and Council to order at 7:42 PM Invocation and Pledge:1. Pastor Patrick Williams, of International Gospel Outreach Church located at 1101 Windy Hill Road, gave the invocation and led the assembled in the Pledge of Allegiance. Agenda Changes:2. There were no agenda changes. Mayor Bacon noted that Councilmember Ron Fennel was absent and home with the flu. Mayoral Report:3. Mayor Bacon congratulated all the winners from the Mayor's Educational Awards. Land Issues/Zonings/Annexations:4. A.Public Hearing - Zoning Request Z14-026 - Zoning amendment to eliminate zoning condition #21 from zoning case Z11-005 which requires a fountain as an amenity feature for the subdivision - 3.84 Acres - Land Lots 338 & 339 - Concord Hall Subdivision Sponsors:Welch Mayor Bacon asked Interim City Administrator Toni Jo Howard to read the background on this item. She stated this was a Public Hearing for a zoning amendment to eliminate zoning condition #21 from zoning case Z11-005 which required a fountain as an amenity feature for the Concord Hall subdivision, The subject property was originally rezoned on November 21, 2005 from LC and GC to Page 1City of Smyrna Printed on 12/11/2014 December 1, 2014City Council Meeting Minutes - Final TD-Conditional (rezoning case Z05-029) by a vote of 7-0 for the development of a 27 unit townhome development. Since the rezoning, the property was developed and all infrastructure was installed (i.e. streets, water, sewer, etc). The original home builder constructed 8 of the 27 townhomes, but foreclosed on the remaining lots. A new home builder purchased the remaining lots and has completed the development. The home builder was granted a zoning amendment (Zoning amendment case Z11-005) on April 18, 2011 to modify the zoning conditions and building elevations. The residents had come to an agreement with the developer to use approximately $9,000.00 of the total $25,000.00 set aside for the fountain and instead add three arbors with either swings or bench seating. The remainder of the monies would be placed in the HOA account for future maintenance use. The staff recommended approval. The Public Hearing was announced by Mayor Bacon and Gregory Ward, resident of Concord Hall, came forward and was sworn in by City Attorney, Scott Cochran. Community Development Planer II, Russell Martin was asked by the Mayor to give additional background. He reiterated that this property was rezoned back in 2005 for a 27 townhome development and was amended in 2011. The demise of the construction market put the project into foreclosure. Originally 8 of the 27 homes were completed and the 2011 amendment allowed the new builder, who purchased the foreclosure, to complete the remaining townhomes. Condition #21 required the fountain amenity for the property. The HOA transition committee and builder have agreed that the fountain would have long term, costly maintenance and it was decided that the builder would provide three arbors with either benches or swings and whatever funds remained from the earmarked fountain monies would be given to the HOA for their account and general purpose use. Community Development will recommend approval of the removal of item #21 while keeping the other original zoning conditions. Those conditions are as follows: Standard Conditions (Requirements # 2, 8, 16, and 17 from Section 1201 of the Zoning Code are not applicable) 1.All buildings shall be constructed with brick, stone and stucco or a combination thereof on all elevations. 2.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. 3.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: gazebo, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association 4.The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. 5.All utilities within the development shall be underground. 6.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 Page 2City of Smyrna Printed on 12/11/2014 December 1, 2014City Council Meeting Minutes - Final 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 grass buffer with a minimum width of 2’ shall be provided between the back of curb and sidewalk. 7.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. 8.The development of any streets (including private) shall conform to the City’s standards for public right-of-ways. 9.No debris may be buried on any lot or common area. 10.The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of “full-cutoff lighting”. 11.The developer will comply with the City’s current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 12.All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. There shall be a landscaped front entrance, with monument, indicating the name of the development. 13.All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. Special Conditions 14.A 10’ landscape buffer shall be provided along the southern property line. 15.The right-of-way along North Cooper Lake Road shall be increased to 50 feet to match other residential road right-of-ways. Therefore a dedication of 5 feet is required. 16.Developer shall install 6-foot columns with a 5-foot black metal fence along Concord Road, Atkins Way, and North Cooper Lake Road for the limits of the development. 17.The maximum distance between trees along Concord Road and North Cooper Lake Road shall be 35 feet. 18.The association documents shall contain a restriction such that garages are to be used for vehicle parking only and no driveway shall be used for vehicle parking. Garage doors shall be of a decorative nature. 19.The development shall maintain the following setbacks from the existing right of ways: Front (North Cooper Lake Road) - 35 feet Rear (Concord Road) - 35 feet Major Side (Atkins Way) - 50 feet Side - 40 feet Building to building - 15 feet Page 3City of Smyrna Printed on 12/11/2014 December 1, 2014City Council Meeting Minutes - Final 20. No parking on street covenant to be added to the HOA covenants. 21. [RECOMMENDED REMOVAL] There shall be a courtyard fountain in the ephemeral courtyard garden built as an amenity feature. Councilmember Charles Welch asked Mr. Martin if the residents were in favor and the HOA was supportive of the change and the answer was yes. Gregory Ward, resident of Concord Hall came forward to speak. He said total elimination of the condition means they are not required to do anything so Mr. Ward objects and would like the condition modified. He stated the residents were not given a choice of using the entire $25,000 for the HOA and were only given the choice of of the arbors and swings. He told the Council that the developer made it clear to the HOA transition committee that if the residents make any more complaints about the changes, he would hit them with a $100,000 plus bill for the HOA maintenance going back 5 plus years. This change was presented to the residents as one choice or the other. He noted the HOA would not have much starting cash when they take over from the developer and the full $25,000 would go a long way towards maintenance. Mayor Bacon asked if there were usually funds given to an HOA for their reserve when a developer turned over a property and Mr. Ward said yes there were. The monies typically came from collection of dues. Mr. Ward said they had received a committment from the developer that there would be no outstanding payables when the property was turned over to the HOA. It was asked of City Attorney Scott Cochran by Mayor Bacon, that the request was to delete condition #21 and replace it with the requirement of the installation of three arbors and swings. The balance of monies would then be deposited into the HOA fund. The term "reserve funds" was just a term and the funds would be under the control of the HOA. Mr. Martin reiterated that condition #3 spoke about an amenity so he felt there was no reason to modify condition #21. Councilmember Blustein asked a question about how the HOA board members were chosen at Concord Hall and Mr. Ward responded they volunteered themselves to serve on the board. He said there were other members of the Concord Hall community that wanted the full amount of $25,000 to go to the HOA. He would like the condition to be flexible enough to allow for a choice of whether arbors and benches/swings would be installed of the full amount of the fountain money would go to the HOA. Mr. Cochran was asked by Councilmember Welch whether it would be a problem to make a motion that was inclusive of the current item as it stands with the additional option to allow the residents to be given the full sum of $25,000.00 to go to the HOA. Mr. Cochran stated it would be a problem to add that language. Councilmember Lnenicka spoke to Councilmember Welch and said he was concerned that the changes being proposed were without the consideration and input of the developer, because he/she was not present to speak. Councilmember Welch was in agreement. Mr. Martin spoke up and informed the Council the the applicant was present. Mayor Bacon asked the applicant to come forward and be sworn in so the Council could ask some questions as well as get his input on the situation. Page 4City of Smyrna Printed on 12/11/2014 December 1, 2014City Council Meeting Minutes - Final Randy Herring of Synergy Fund 1, the developers. introduced himself and spoke about a meeting that was called with the homeowners, of which all residents were in attendance. What was being proposed was what the homeowners agreed to and the developer was just trying to give them what they had asked for. The monies were set aside for a fountain at a cost of approximately $25,000. It would cost only $9,000 for three arbors and three swings. The remainder funds of $16,000 would go to the HOA. Councilmember Lnenicka asked if there was any documentation to show the advisory committee was in support of the proposed change and Mr. Martin said those emails were in the packets provided. Due to the computer issues at the time of the Council meeting, Council was unable to view these so Mr. Martin provided a hard copy that was passed to the members of Council and Mayor Bacon. Mr. Lnenicka asked the developer if he was in agreement with the requests of the residents and advisory committee and Mr. Herring stated that his company was fine with whatever choice the residents decided. Councilmember Welch stated that the actual number for monies going into the HOA would be $16,964.00 as read in the emails from the HOA. The developer reiterated that there will be $25,000 provided to the residents; they can either have the arbors and benches installed and the remainder go into the HOA fund or they can take the entire $25,000 and put in what they want or not put anything at all and use it for HOA purposes. Mayor Pro Tem/Councilmember Pritchett asked the developer if it was true that there was a resident meeting where the majority wanted arbors and swings and the HOA transition committee was in agreement. In her opinion, the resident who has spoken about all the monies going to HOA was speaking on his behalf and not on behalf of the residents as a majority. Councilmember Blustein stated that she felt it was important to not change the decision of the majority of the residents / homeowners. A motion was made by Councilmember Charles (Corkey) Welch to approve zoning request Z14-026 a zoning amendment to eliminate zoning condition #21 from zoning case Z11-005 which requires a fountain as an amenity feature for the subdivision and replace it with a requirement that the developer install three (3) arbors with benches or swings and contribute $16,964.00 to the HOA on 3.84 Acres in Land Lots 338 & 339 located at Concord Hall Subdivision, seconded by Councilmember Teri Anulewicz. The motion carried with the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson and Councilmember Lnenicka 6 - Absent:Councilmember Fennel1 - Privilege Licenses:5. There were no Privilege Licenses. Formal business:6. A.Approval to change the name of Mission Galleria Apartments to Ashford 75 located at 5000 South Lincoln Trace Ave Page 5City of Smyrna Printed on 12/11/2014 December 1, 2014City Council Meeting Minutes - Final Sponsors:Pritchett Mayor Bacon asked Ms. Howard to read the background and she stated that the applicant had completed the required request for name change application, it had gone through the proper staff reviews and was recommended for approval. A motion was made by Mayor Pro Tem/Councilmember Melleny Pritchett to approve item 2014-391 to change the name of Mission Galleria Apartments to Ashford 75 located at 5000 South Lincoln Trace Ave, seconded by Councilmember Wade Lnenicka. The motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson and Councilmember Lnenicka 6 - B.Approval to change the name of Keeneland Farms Apartments to Ashford Woods located at 1202 Wexford Hills Parkway Sponsors:Lnenicka Mayor Bacon asked Ms. Howard to read the background and she stated that the applicant had completed the required request for name change application, it had gone through the proper staff reviews and was recommended for approval. A motion was made by Councilmember Wade Lnenicka to approve item 2014-392 to change the name of Keeneland Farms Apartments to Ashford Woods located at 1202 Wexford Hills Parkway, seconded by Councilmember Susan Wilkinson. The motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson and Councilmember Lnenicka 6 - Absent:Councilmember Fennel1 - C.Approval of FY15 budget amendment for staff merit increases. Sponsors:Anulewicz Mayor Bacon asked Ms. Howard to read the background and she stated that this was a budget amendment that was necessary for the staff merit increases that would be effective January 5, 2015. It was to move money from Contingency at approximately $260,000.00 to each applicable department. Councilmember Teri Anulewicz commented that because of the staff's diligent efforts during the recession, the City did not have to raise the milage rate, did not make any appreciable cuts to resident services or have to furlough employees. As a result, she said she was very happy to make a motion for approval of the pay increase. She stated this was a merit increased based on employee performance and not an across the board pay increase. A motion was made by Councilmember Teri Anulewicz to approve 2014-394 the FY15 budget amendment for staff merit increases, seconded by Mayor Pro Tem/Councilmember Melleny Pritchett. The motion carried by the following vote: Page 6City of Smyrna Printed on 12/11/2014 December 1, 2014City Council Meeting Minutes - Final Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson and Councilmember Lnenicka 6 - Absent:Councilmember Fennel1 - Commercial Building Permits:7. There were no commercial building permits. Consent Agenda8. Approval of the Consent Agenda Ms.Toni Jo Howard was asked by Mayor Bacon to read the consent agenda items for Council's approval. A motion was made by Councilmember Anulewicz, seconded by Mayor pro tem/Councilmember Pritchett, to approve the Consent Agenda. The motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson and Councilmember Lnenicka 6 - Absent:Councilmember Fennel1 - A.Approval of Mayor and Council Meeting Minutes for November 17, 2014 Sponsors:City Council These Minutes were approved. B.Mayor and Council to award RFP 15-020 Recycling Center Equipment as a split bid to the most responsive and responsible bidders OBC Baling Equipment for $75,578.00 and Becker Complete Compactor for $10,200.00 and authorize the Mayor to execute any related documents. Sponsors:Welch This Bid/RFP Award was approved. C.Award of RFP 15-013 Workers' Compensation TPA to Georgia Municipal Association and authorize Mayor to execute related documents Sponsors:Lnenicka This Authorization was approved. D.Approval of extended work hours from 7 AM to 8 PM Monday through Page 7City of Smyrna Printed on 12/11/2014 December 1, 2014City Council Meeting Minutes - Final Friday and 8 AM to 7 PM on Saturdays for the construction of the Creekside Village Assisted Living Facility - Land Lot 690 - 4838 South Cobb Drive - WDGCG, Inc. with the following conditions: 1.) All lights used for the extended business hours shall be directed in a manner not to affect surrounding residential properties. All light shall be kept on-site and shall not escape the perimeter of the site. 2.) WDGCG Inc. shall mitigate noise disturbance between the hours of 6 p.m. and 8 p.m. on weekdays, and on Saturdays from 6 p.m. to 7 p.m. Sponsors:Fennel This Authorization was approved. Committee Reports:9. Councilmember Wade Lnenicka gave a committee report and spoke of the National League of Cities Convention attended by several of the council members. He talked about may great workshops and seminars with information that can be directly brought back to Smyrna for implementation. On Tuesday, December 9, 2014, Councilmember Lnenicka will be meeting with the residents at Advantage Square to be sure that any remaining resident punch list items will be finalized before the completion of construction. Later in the month he will be attending the annual HOA meeting at Oakridge Estates. Finally he would announced that Saturday, December 6 at 12:00 noon, he would be holding a rally; a Veteran's Rally for the Veteran's Administration on South Cobb Drive at the site of the former Emory-Adventist hospital. Congress appropriated 6.4 million dollars for a Veterans Administration Medical facility to be built in Cobb County. The initial thought was to put that facility in North Cobb. Since that originally happened, Emory-Adventist hospital closed which was a huge loss for our community, a very major loss. He knows from talking with citizens they are starting to realize the loss and impact. There would be no way to replace a community hospital except with another community hospital. And that certainly would be the preferred option, but at this point there has been no one to come forward. Congress appropriated money for the VA. Congressman Scott and Senator Isakson would be in support; Commissioner Bob Ott is in support. Smyrna would be a great location not only for Veterans in Smyrna and this part of Cobb County, but for the whole Metro area, because Smyrna has easy access to the site from I-75 and I-285. Veterans from literally all over the metro area and North Georgia would be able to access the facility if we were fortunate enough to get it here. He thinks he heard statistics recently that Georgia ranks 10th in the country in terms of the number of veterans in the state population. There are roughly 700,000 -800,000 veterans residing in Georgia. 10% of those reside in Cobb County. That's a huge number of veterans when you consider nationally less than 1% of the population of the United States serves in the military. So there's a very high concentration of veterans in Cobb County and in Georgia. Those Veterans need and deserve a medical facility. This one would replace one that's undersized and understaffed and located in Austell. He invited all the veterans or anybody who's interested in having that facility in Smyrna to join the rally at noon and try and get support for the VA to build; not in North Cobb or East Cobb or West Cobb but in Smyrna. Where we've got space and a community that would need to use it. Mayor Bacon asked Councilmember Lnenicka if he was correct in understanding that this was the first this council had heard about a "rally". He does not believe Emory-Adventist had made the transition yet as to who will end up with the property. Page 8City of Smyrna Printed on 12/11/2014 December 1, 2014City Council Meeting Minutes - Final He asked Councilmember Lnenicka who was the sponsor of the rally and Mr. Lnenicka responded that he along with the Smyrna American Legion Post were the sponsors. Mayor Pro Tem/Councilmember Pritchett interjected and spoke to Mayor Bacon saying, "but Max you have a committee that you appointed, and you and this committee have been working with the doctors at Emory-Adventist to keep something there." She went on to say that she does not recall the council deciding that this was what they wanted when the doctors had not even made a decision. Mayor Bacon wanted to make sure it was clear, that although he is supportive of all the veterans, that what the Committee as a whole has said is that they prefer to have a hospital that serves all of the community and not just a specific group. Councilmember Lnenicka reiterated that that was what he also had said, but this was something he was doing personally and he was not forcing anyone to attend. But, if anyone wanted to be there, they were certainly welcome. He went on to say this was just established this afternoon. Mayor Bacon said that was fine but he wanted to make sure that it was understood that this rally this was not something this council was sponsoring; this was just Councilmember Lnenicka. Councilmember Susan Wilkinson announced the upcoming Come Home for the Holidays Tree Lighting for December 6th, 2014. She gave a detailed description of the activities and timeline for the evenings event. During the December season, Santa would be at the Welcome Center on Fridays, Saturdays and Sundays. The library would hold a holiday party on Tuesday, December 16, from 5:00pm - 7:00pm with crafts and snacks. Councilmember Corkey Welch announced that he would be having a community meeting regarding possible lighting at the Lake Drive dog park. It would be held December 18th at 7:00 PM at the Smyrna Recycle Center and he would post signs in the neighborhood. Councilmember Teri Anulewicz complimented the Village Green decorations. It was an added bonus that the weather will be spectacular for the tree lighting event. Andrea Blustein commented that she hoped everyone had a great holiday and she drove many hours over the past holiday weekend. Mayor Pro Tem/Councilmember Melleny Pritchett thanked Christy Ullman, Executive Secretary to Mayor and Council and Heather Peacon-Corn, Deputy City Clerk for the decorations in the council chambers and city hall. Show Cause Hearings:10. There were no show cause hearings Citizen Input:11. Page 9City of Smyrna Printed on 12/11/2014 December 1, 2014City Council Meeting Minutes - Final Mr. Alex Backery commented on the "mystery house over in Mableton" the City bought ten years ago. He stated it was not in the City limits of Smyrna and was purchased for $150,000.00. He noted that as everyone knows, money doubles every 10 years, and it has been 10 years, so with interest it should be $300,000.00. He says it was an attractive nuisance that now would be knocked down and he was surprised a kid had not gone in there and gotten hurt which would be a liability to the City. It is his beilef that the City will only get $20,000.00 for the lot only once the building is removed. He also stated that there was a flyer at the Duck Club that was misleading to citizen's and he wanted the Mayor to know that he has spoken to the State Ethics Board who will look into it further because of the use of a politicians name and the potential of giving an unfair advantage to a local business. Adjournment:12. Mayor Bacon expressed his sincere thanks for the efforts put forth by all who helped coordinate the Mayor's Educational Awards and to the sponsors, such as Chik fil A, McEntyre's Bakery, Jim 'N Nicks and Zaxby's. He was looking foward to a great holiday season and the Tree Lighting Event. Mayor Max Bacon adjourned the meeting at 8:33 PM Page 10City of Smyrna Printed on 12/11/2014