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11-04-2013 November 4, 2013 minutes - Final 1 City of Smyrna 11/04/2013 2800 King Street City of Smyrna Smyrna, Georgia 30080 Meeting Minutes - Final City Council Council Chambers Monday, November 4, 2013 7:30 PM Call to Order Presiding Officer Mayor Max Bacon called the meeting to order at 7:30 pm Present: 6 - Councilmember Andrea Blustein, Councilmember Teri Anulewicz, Councilmember Charles Welch, Councilmember Susan Wilkinson, Councilmember Wade Lnenicka and Councilmember Ron Fennel Absent: 1 - Mayor pro tem/Councilmember Melleny Pritchett Also Present: 7 - Eric Taylor, Terri Graham, Scott Cochran, Samantha Kasraie, Ken Suddreth, Dan Campbell and Chelsea Jackson 1. Invocation and Pledge: The Mayor called on Brother Seth Freeman of the International Gospel Outreach Church, who delivered the invocation and led all present in the pledge to the flag. 2. Agenda Changes: The Mayor stated that item 4(A) would be tabled until November 18th. 3. Mayoral Report: A. 2013-370 Recognize Doris Mukangu, Development Coordinator at Books for Africa The Mayor announced the non-profit would be hosting a gala on November 19th and that this was their 20th anniversary. B. 2013-382 Proclamation in Recognition of Veteran's Day Poppy Weekend (Nov 9-11, 2013) Sponsors: Welch June Burgess and Barbara Haslet from American Legion Post 160 introduced themselves and Councilman Welch read aloud a proclamation in honor of 2 City of Smyrna 11/04/2013 Poppy Day Weekend. Ms. Haslet announced the locations of the fundraiser and encouraged all to participate. Councilman Lnenicka announced the upcoming Veteran's Day ceremony to take place at the Veteran's Memorial in Downtown Smyrna, sharing some of the speakers and activities. He advised that it would take place at 11:00 am on November 11th and be held in the Community Center in the event of inclement weather. Councilman Lnenicka acknowledged cosponsors American Legion Post 160, the Veteran's Memorial Association of Smyrna and the City. 4. Land Issues/Zonings/Annexations: A. Z13-015 Public Hearing - Zoning Request Z13-015 - (no vote at this time) Rezoning from PVC (Cobb County) to MU-Conditional (Smyrna) - 81.95 Acre Tract - Land Lots 61, 171, 172, 174, 175 & 284 of the 18th District of Cobb County - Riverview Road and Nichols Drive - Jamestown, L.P. Sponsors: Fennel Mr. Taylor provided the background that the applicant was seeking approval to annex approximately 82 acres for a mixed use residential and retail development. The Mayor stated that Councilwoman Pritchett was not present due to illness The Mayor announced the public hearing and called for comment. There was none. Councilman Fennel advised that a public hearing would be held at the Council meeting on November 18th. He shared that this item was the result of a four year assemblage process and would provide 3500 feet of frontage along the Chattahoochee River. Councilman Fennel noted that he had been working with staff on zoning changes to accommodate the project and expressed his appreciation of the efforts by city staff and county offi cials. Councilman Fennel relayed that the developer had chosen to complete the annexation process with the City of Smyrna instead of Cobb County and noted that the challenges regarding flood plains and road access appeared to be resolved. He announced that he had requested a two week delay on the vote in order to host informational and town hall meetings and gather public input. The Councilman shared the following meetings would be conducted: Thursday, November 7th at the Smyrna Business Association luncheon; Friday, November 8th at theSmyrna Optimist Club breakfast; and a town hall hosted at Whitefield Academyat 7:00 pm on Thursday, November 14th. A motion was made by Councilmember Ron Fennel to table zoning request Z13-015 - rezoning from PVC (Cobb County) to MU Conditional (Smyrna) - 81.95 Acre Tract - Land Lots 58, 171, 172, 174, 175, & 284 of the 18th District of Cobb County - Riverview Road and Nichols Drive - Jamestown, L.P. to November 18, 2013, seconded by councilmember Charles (Corkey) Welch. The motion carried by the following vote: Aye: 6 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 5. Privilege Licenses: 3 City of Smyrna 11/04/2013 The Mayor stated that there were none. 6. Formal business: A. AGR2013-04 Authorize the Mayor to sign and execute a construction agreement with CSX Railroad for the maintenance and repairs to the Spring Road Bridge over the CSX Railroad. Sponsors: Welch Mr. Taylor provided the background of the repairs to be conducted and advised that a contract was required. He stated that it had been reviewed by both public works and the project manager and that staff recommended approval. A motion was made by Councilmember Charles (Corkey) Welch to approve AGR2013-04 to authorize the Mayor to sign and execute a construction agreement with CSX Railroad for the maintenance and repairs to the Spring Road Bridge over the CSX Railroad, seconded by Councilmember Teri Anulewicz. The motion carried by the following vote: Aye: 6 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7. Commercial Building Permits: 8. Consent Agenda: Mr. Taylor read aloud the consent agenda. Councilwoman Anulewicz announced that she would like to make a motion to remove 8(D) from the consent agenda so that she could recuse hers elf from voting on that item due to her husband's fiduciary responsibility with Blue Cross/Blue Shield. She suggested that she could make a motion for Council to vote on item (D) separately. The Mayor recommended voting on all consent agenda items except 8(D). There was discussion with the City Attorney who advised that could be done. A motion was made by Councilmember Teri Anulewicz to approve items A, B, C, E, F, G, & H on the consent agenda, seconded by Councilmember Andrea Blustein. The motion carried by the following vote: Aye: 8 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka, Councilmember Fennel, Saddler Jones and Jackson A. 2013-390 Approval of October 21, 2013 Mayor and Council Meeting Minutes These Minutes were approved. B. 2013-383 Approval of the City's Wellness Program renewal with Community Health Network (CHN) and authorize the Mayor to execute any related documents. This Authorization was approved. 4 City of Smyrna 11/04/2013 C. 2013-366 Approval of the Revised Business Associate Agreement with Marsh & McLennan Agency and authorize Mayor to execute related document Sponsors: Lnenicka This Authorization was approved. E. 2013-388 Approval of revisions to Holiday and Annual Leave policies and authorize Mayor to execute related documents Sponsors: Lnenicka This Authorization was approved. F. 2013-387 Mayor and Council award the Community Center Painting bid to the Lowest vendor ICS Inc. for $26,900.00 and authorize the Mayor to execute any related documents. Sponsors: Anulewicz This Bid/RFP Award was approved. G. 2013-384 Award RFP 14-007 Street Sweeping to the lowest bidder Sweeping Corporation of America and Authorize the Mayor to execute any related document. Sponsors: Welch This Bid/RFP Award was approved. H. 2013-391 Approve extended work hours and road closures for Smyrna Market Village HOA for the following Sundays November 17, November 24, December 1, December 8, and December 15. Sponsors: Anulewicz This Authorization was approved. D. 2013-372 Approval of the 2014 Employee Insurance providers and plans (Blue Cross/Blue Shield of GA and Guardian) and authorize the Mayor to execute all related documents Sponsors: Lnenicka A motion was made by Councilmember Fennel to approve Item D on the consent agenda, seconded by Councilmember Charles (Corkey) Welch. The motion carried by the following vote: Mayor Max Bacon noted that Councilmember Teri Anulewicz was not present in the council chambers for the vote. Aye: 5 - Councilmember Blustein, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel Recuse: 1 - Councilmember Anulewicz 9. Committee Reports: 5 City of Smyrna 11/04/2013 Councilwoman Blustein stated that she had no formal report and encouraged all to attend the Veteran's Day ceremony. Councilwoman Anulewicz announced the Village to Village 11K race takin g place on November 16th. She shared that there would be lane closures along Atlanta Rd. from 7:00 - 9:00 am. The Councilwoman encouraged all to exercise extra caution with pedestrian traffic during the daylight savings time change. Councilman Welch announced extended work hours along Concord Rd. for the week of November 11th for paving and leveling. He recognized the inconvenience and recommended motorists utilize alternate routes or make provisions to allow for extra travel time. Councilmember Wilkinson yielded with no report. Councilman Lnenicka expressed his appreciation to the residents of Vintage Square and Collier Gates for inviting him to attend their HOA meetings. He mentioned again the date, time and location for the Veteran's Day ceremony and extended an invitation to those interested in becoming involved with the Smyrna Veterans Committee to contact him. He thanked the members of that organization, along with city staff, for their efforts to make possible the upcoming ceremony. Councilman Fennel advised that arrests had been made in the recent homicide incident at Doc's and commended the Smyrna police. He extended his appreciation to state patrol officers for their routine assistance in patrolling city streets. Councilman Fennel offered an update on the Fire Chief Search committee and shared that the interview process would occur near the end of the month. He recognized Jered Sigmon's efforts to establish the Smyrna Technology Group and promote the city as a location for technology job growth. The Councilman commented that as a result of the technology group he had attended a recent tour of a local business called Maandi, operated by Winston Johnston, with offices on Lake Park Drive. He made known that the film production center had high bandwith access, roughly 100 employees and the capacity to accommodate nearly 700 positions. Councilman Fennel provided Mr. Johnston's background, highlighting his work with popular films and famous artists over the past two decades. Councilmember Fennel noted that the Bennett Woods neighborhood had installed "No Soliciting" signage and announced that community's annual cook-off to be held over the weekend. He shared that the construction taking place on S. Cobb Dr. near the East-West Connector was for the incoming Krispy Kreme and stated that additional activity at that shopping center would be forthcoming. He reminded all of the times and locations for the informational meetings regarding the Jamestown/Riverview annexation that would be taking place. There were no further reports. Mayor Bacon requested that Councilman Fennel highlight the efforts of the Smyrna police department on Halloween. Councilman Fennel relayed that Chief Lee and the police department spent the evening ensuring the safety of trick or treaters and Mayor Bacon commented on the large turn-out this year. 10. Show Cause Hearings: The Mayor stated that there were none. 6 City of Smyrna 11/04/2013 11. Citizen Input: Alex Backry of 3459 Shawnee Trail referenced an appearance by the Mayor's as a guest speaker for a local group and inquired if there were plans to conduct a town hall meeting. Mr. Backry stated that the last town hall had taken place three years ago and requested that one be scheduled. He commented on the City of Marietta's upcoming vote on the purchase of an apartment complex, remarking on the town halls and referendum that had been held regarding that matter and comparing it to the process of Smyrna Com mons and Hickory Lakes. He opined that government should not be involved in private enterprise and asked the Mayor directly if there were plans for a town hall meeting. The Mayor thanked Mr. Backry for his comments and reminded him he had been informed on many occasions that this was not a question and answer period. LaRisa Edwards of 304 Hickory Springs Circle addressed the Mayor and Councilwoman Anulewicz, asserting that they had falsely responded to her question during the previous Council session about upcoming meetings. She displayed visual aids to demonstrate what she called Satan's math formula and claimed that the Mayor meeting with special interest groups in the city fit that formula. Ms. Edwards opined that the Mayor did not consider himself a city servant and labeled him a Devil worshipper. She brought up the purchase of Hickory Lakes and read aloud a portion of the oath. The Mayor stated that during 33 years in office he had attended hundreds of meetings, if not more, throughout the community and commented on the citizen's input portion of the meeting. 12. Adjournment: The Mayor declared the meeting adjourned at 8:15 pm.