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07-18-2016 July 18, 2016 M&C Minutes - SIGNED - LFCity of Smyrna 2800 King Street Smyrna, Georgia 30080 a Meeting Minutes - Final City Council Monday, July 18, 2016 7:00 PM Council Chambers Ron Call Present: 8 - Mayor Max Bacon, Councilmember Derek Norton, Councilmember Andrea Blustein,.Councilmember Teri Anulewicz, Councilmember Charles Welch, :Councilmember Susan Wilkinson, Councilmember Doug Stoner and Councilmember Ron Fennel Also Present: 7 Scott Cochran, Mike LJones, Ken Suddreth, Kristin Robinson, Scott " Stokes, Dat Luu and Heather Corn Call to Order The July 18, 2016 Meeting of the Mayor and Council was called to order at 7:01 PM by Mayor Max Bacon. 1. - Invocation and Pledge: Pastor Jeffrey Pennington of the Smyrna First Baptist Church, located at 1275 Church Street, gave the invocation and led all in the Pledge of Allegiance 2. Agenda Changes: There were no Agenda Changes. 3. Mayoral Report: There was no Mayoral Report. 4. Land Issues/Zonings/Annexations: A. Public Hearing - Zoning Request Z16-005 - Approval of Special Land Use Permit for the use of a modular classroom building - 8.83 Aces - Land Lots 595, 596 & 597 - 3130 Atlanta Road -Covenant Christian School Sponsors: Stoner Mayor Bacon asked City Administrator Mike Jones to read the following background: The Covenant Christian School is a classical Christian school for grades Pre -K .through 8th grade.. The school is requesting re -approval of the existing modular building used as classroom space. The Covenant Christian School was initially ..approved for the use of the modular building by the Mayor and Council by a vote of 4-0 on March 3, 2008 and was unanimously reapproved on May 17, 2010, July 16, 2012 and July 21, 2014. The modular building will allow Covenant Christian School to provide additional City of Smyma Page 1 Printed on 7/20/2016 City Council Meeting Minutes - Final July 18, 2016 classroom space while the school constructs a permanent school building on-site. The modular building is located along Collier Drive next to several existing buildings (See Figures 3 & 4). The building is 56'x 68' with a total area of 3,808 sq. ft. and provides four (4) additional classrooms for the school. Covenant Christian School was approved by the Mayor and Council on March 3, 2008 to place a temporary prefabricated modular building on church property at 3130 Atlanta Road. The Covenant Christian School requested that Mayor and Council allow the temporary modular building, as additional classroom space for the 2008 - 2010 school years, while it's actively seeking funding for a permanent building through its capital campaign. Covenant Christian School was reapproved for the use of the modular classroom building from 2010 to 2012 by the Mayor and Council on May 17, 2010 (Z10-010). Covenant Christian School was subsequently reapproved for the use of the modular classroom building from 2012 to 2014 by the Mayor and Council on July 16, 2012 (Z12-004). Covenant Christian School was subsequently reapproved for the use of the modular classroom building from 2014 to 2016 by the Mayor and Council on July 21, 2014 (Z14-016). Senior Planner Rusty Martin came forward to speak on this item. He noted this was a renewal of a special land use permit. The Planning and Zoning Board heard this item at their June 13, 2016 meeting and recommended approval 7-0. He showed current pictures of the building and noted the school had done an exceptional job of making the building look like the rest of the permanent buildings. Community Development recommends approval of the requested modular building with the following condition: 1. The modular building shall only be allowed for a period 24 months after the date of approval. If the applicant shall need the modular building for a longer period of time, the applicant shall reapply for approval of the modular building. The applicant Brant Suddeth, who is President of the board at Covenant Christian School, came forward and gave the background for fundraising to replace the modular building with a permanent one. Mayor Bacon called the Public Hearing and no one came forward to speak in opposition to or to make comment regarding this item. Councilmember Doug Stoner remarked that the school had been good neighbors and echoed Mr. Martin's remarks about the look of the building. A motion was made by Councilmember Doug Stoner to approve item 2016-231, a zoning request (Z16-005) for the approval of Special Land Use Permit for the use of a modular classroom building, on 8.83 Aces, Land Lots 595, 596 & 597 located at 3130 Atlanta Road for Covenant Christian School with conditions as noted, seconded by Councilmember Ron Fennel. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Biustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel B. Public Hearing - Zoning Request Z16-007 - Rezoning from LC & GC to MU -Conditional for the development of a new restaurant - 0.142 Acres - Land Lot 452 - Concord Road and Hollis Street - Smyrna Restaurant Concepts, LLC sponsors: Anulewicz City Administrator Mike Jones read the following background for this item: Smyrna Restaurant Concepts, LLC is requesting a rezoning from LC & GC to MU -Conditional for the development of a new 3,500 sq. ft. restaurant. The site plan shows the proposed restaurant pulled up to Concord Road with the main entrance coming off the Concord Road multi -use trail. In addition, the restaurant will have roof -top and patio seating overlooking the linear park. The restaurant will have 166 City of Smyrna Page 2 Printed on 7/29)2016 City Council Meeting Minutes - Final July 18, 2016 total seats with 112 seats in the dining areas and 54 seats in the bar area. The proposed building is a one-story building with a roof -top dining/bar area. The building elevations reflect a 4 -sided brick architecture. The building elevations have been submitted as part of the rezoning packet. Mayor Bacon called the Public Hearing and no one came forward to speak in opposition to or to make comment regarding this item. Mr. Ken Suddreth, Community Development Director, gave the background for this item and remarked that Community Development would be making a recommendation for approval. The property is a proposed 3500 sq, ft. two story restaurant with outdoor patio area on Concord Road. He showed the elevations for the property and described the whitewash feature with the red brick outline of a cardinal. He reviewed some of the key conditions and talked about the route for delivery trucks. He also read aloud the prohibited uses for the location. Community Development recommends approval of the rezoning from LC & GC to MU -Conditional with the following conditions of approval., Standard Conditions (items 1, 2, 3, 4, 5, 7, 8, 9, 10, 12, 16 and 17 from Section 1201 of the Zoning Ordinance are not applicable) 1. All utilities within the development shall be underground. 2. No debris may be buried on the subject parcel. 3. The developer will comply with the city's current tree ordinance. Alt required tree protection measures shall be adhered to by the developer during construction. 4. 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. 5. All common areas are to be sodded, and landscaped, irrigate as appropriate. Special Conditions 6. The development shall maintain the following setbacks: Front- 0' Side - 0' Rear- 0' 7. There shall be no bells, whistles, or outdoor loud speakers permitted on site in conjunction with the restaurant. 8. Any proposed dumpsters shall be surrounded by a three -sided brick or stucco enclosure with an opaque gate in the front. The lid of the dumpster shall be made of rubber. 9. Any utility boxes, HVAC components, or accessory components to the commercial building shall be screened from the public right-of-ways and adjoining property owners. 10. Deliveries and trash pick-up shall only be permitted between the hours of 7:00 a.m. and 9:00 p.m. 11.. The developer shall install directional sign that directs all delivery trucks to Concord Road. 12. The commercial building shall have entry doors along Concord Road, 13. The following uses shall be prohibited., 7 Automotive sates/repair 0 Automobile wash service 0 Boarding and breeding kennels 0 Dry cleaning plants 0 Adult Novelty Stores & Adult Entertainment ❑ Pawnshops 0 Check Cashing Stores 0 Pool Hail or Arcade City or Smyrna Page 3 Printed on 712912016 City Council Meeting Minutes - Final July 18, 2016 ❑ Service stations ❑ Coin Operated Laundry ❑ Composting Facility ❑ Funeral Homes ❑ Group Homes ❑ Shelter for the Homeless ❑ Tattoo Parlor 14. Approval of the Subject Property for MU—Conditional shall be conditioned upon the development of the property in substantial compliance with the submitted site plan dated 5113/2016. 15. The applicant shall be bound to the building material and architectural features illustrated on the elevations submitted and dated 5113/2016. If there is any change to the elevations it must be approved by the Director of Community Development. Mr. JD Childress, part owner, was present to answer questions on behalf of the applicant. Mayor Pro Tem /Councilmember Teri Anulewicz asked about anticipated construction start dates as well as expected grand opening date. Mr. Childress responded that the focus for the business would be fun, casual American, with burgers and family friendly food. They will feature local, regional and seasonal foods. They are currently shooting for early 2017 opening with a groundbreaking in August or September. Mayor Pro Tem /Councilmember Anulewicz spoke about several public meetings that were held and the interesting discussions had with neighbors and citizens for the area along Concord Road. The consensus was either all park or a mixed use. The City chose mostly park with a commercial component. She noted parks are expensive to maintain and to be responsible to all taxpayers it is a reasonable thing to offset the park maintenance. She opined this is a nice balance. The owners want this to be a restaurant neighbors frequent and just not on the weekends. Mayor Bacon asked of Mr. Suddreth if the property would have allowed with the zoning a restaurant to have been built there previously and Mr. :Suddreth responded in the positive. There are approximately 100 parking spaces in the plan; however the final numbers are not concrete. Councilmember Ron Fennel asked Mr. Suddreth if this was before Council regarding the alcohol component and the parking component and Mr. Suddreth said yes. A motion was made by Mayor Pro Tem / Councilmember Teri Anulewicz to approve item 2016-233, atoning request (Z16-007) for the rezoning from LC & GC to MU -Conditional for the development of a new restaurant on 0.142 Acres, Land Lot 452 located at Concord Road and Hollis Street for the applicant Smyrna Restaurant Concepts, LLC., with conditions as noted; seconded by Councilmember Charles Welch. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel 5. Formal Business: A. Adoption of 2016 millage rate of 8.99 mills. Sponsors: Fennel This item is for the adoption of 2016 millage rate of 8.99 mills as read aloud by City Administrator Mike Jones. City o1 Smyrna Page 4 Printed on 7/29/5016 City Council Meeting Minutes - Final July 1.8, 2016 He remarked that the 2016 millage rate needs to be formally adopted by Council. The FYI budget that was approved by council included revenue projections based on 8.99 mills. This is the formal adoption of the 8.99 millage rate. The recommendation by staff is for the adoption of the 2016 millage at 8.99 mills. Finance Director Kristen Robinson remarked that three public hearings have been held with minimal attendance from the public. A motion was made by Councilmember Ron Fennel to approve item 2016-267 for the adoption of the 2016 millage rate of 8.99 mills; seconded by Councilmember Charles Welch. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel B. Approval of a Consulting Contract with Croy Engineering to conduct a Land Use and Transportation Study of South Cobb Drive from Windy Hill Road to Concord Road. Sponsors: Anulewicz and Wilkinson Mike Jones, City Administrator gave the following background for this item: Approval of the selection of Croy Engineering to conduct a land use and transportation study of the South Cobb Corridor from Windy Hill Road south to Concord Road and authorize the Mayor to execute the appropriate agreements with Croy Engineering and the Georgia Department of Transportation necessary to conduct the study. In December of 2015 the City was notified that a grant award in the amount of $120,000 was received from the Georgia Department of Transportation. The funding for this grant is from the Surface Transportation Programl Urban Category. The purpose of the grant is to fund a land use and transportation study of the South Cobb Drive Corridor. This grant required a twenty (20916) percent match from the City which amounted to $30,000. The $30,000 match was included in the FY 2016 budget. The total amount available for the study is $150,000 ($120, 000 grant + $30, 000 match). The study area runs along both side of South Cobb Drive from Windy Hill Road to Concord Road (approximately 1.5 miles). The study will analyze land use and transportation issues, opportunities and challenges along the aforementioned corridor and make specific recommendations and proposals for addressing those issues. A detailed Scope of Services and study corridor map is attached. An RFP was issued by the city in April 2016. Croy Engineering and The Sizemore Group submitted the qualifications of their respective consulting teams. An interview committee made up of the Community Development Director, Purchasing Manager, Senior Planner, City Engineer and the Economic Development Manager conducted interviews of the consulting teams. The interview team, based on the professional qualifications and experience of the consulting teams, the results of the interviews and the nature of the study effort, determined that Croy Engineering was best suited to conduct the study. The Bid Tabulation Form and the Purchasing Department Recommendation are attached. It is anticipated that the study will take approximately 12 months to complete. The contract with the Georgia Department of Transportation runs through December 31, 2017, by which time the study must be completed. It is recommended that the Mayor and City Council award the South Cobb Corridor Study contract in the amount of $149,521 . 12 to Croy Engineering and authorize the Mayor to execute the appropriate agreements. Councilmember Susan Wilkinson remarked on this item as did Mayor Pro Tem / Councilmember Teri Anulewicz and talked about the economic halo effect along South Cobb Drive and the South Cobb Corridor noting the importance of having this information. City of Smyrna Page 5 Printed on 7/29/2016 City Council Meeting Minutes - Final July 18, 2016 A motion was made by Councilmember Ron Fennel to approve item 2016-242 for the approval of a Consulting Contract with Croy Engineering to conduct a Land Use and Transportation Study of South Cobb Drive from Windy Hill Road to Concord Road; seconded by Mayor Pro Tem / Councilmember Teri Anulewicz. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel C. Approval of Resolution 2016-07 to authorize the execution and delivery of a substitution of escrow agenda and to authorize the consent to an assignment of master re -purchase agreement and an assignment of reimbursement and indemnity agreement and allow the Mayor to sign and execute all related documents. Sponsors: Fennel Mayor Bacon asked Mike Jones, City Administrator to read the following background for this item: GMA is bringing a new Trustee on board for the 98 Lease Pool Program. The Curren Trustee for the program is Bank of New York Mellon and they will be bringing Regions in as the new Trustee for the program going forward. This resolution needs to be approved to change from BNY to Regions. The City of Smyrna entered into an (a) Escrow Agreement, dated June 1, 1998, among GMA, The Bank of New York Mellon Trust Company (BNY Mellon) and the City (the Escrow Agreement) and (b) a Master Repurchase agreement, dated as of July 21, 1998, by and among BNY Mellon, as buyer, the City and Societe Generale, New York Branch, as seller (the Master Repurchase Agreement). In connection with the Loan Program, GMA entered into a Reimbursement and Indemnity Agreement, dated as of June 1, 1998, by and among GMA, BNY Mellon and National Public Finance Guarantee Corporation (formerly, MBIA Insurance Corporation) ("NPFGC') (the Reimbursement and Indemnity Agreement). Please refer to the resolution for additional information. Staff is recommending approval of the Resolution to authorize the execution and delivery of a substitution of escrow agent and to authorize the consent to an assignment of Master Repurchase agreement and an assignment of reimbursement and indemnity agreement. Finance Director Kristin Robinson stated that in simple terms this item was to change the trustee from one bank to another. A motion was made by Councilmember Ron Fennel to approve item RES2016-07 for the approval of Resolution 2016-07 to authorize the execution and delivery of a substitution of escrow agent and to authorize the consent to an assignment of master re -purchase agreement and an assignment of reimbursement and indemnity agreement and allow the Mayor to sign and execute all related documents; seconded by Councilmember Doug Stoner. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wlkinson, Councilmember Stoner and Councilmember Fennel D. Approval of Resolution 2016-09 the execution of a first amendment to 1998A Master Lease and Option Agreement and authorize the Mayor to sign and excute all related documents. Sponsors: Fennel City of Smyrna Page 6 Printed on 7/29@016 City Council Meeting Minutes - Final July 18, 2016 Mike Jones, City Administrator gave the following background regarding this item: This is second resolution to amend the 98 Lease Pool Program. It is for the amendment to the equipment list increasing the percentage of software financing from the current level of only 10% of the equipment request up to 50% of the request going forward. The City of Smyrna entered into an (a) Escrow Agreement, dated June 1, 1998, among GMA, The Bank of New York Mellon Trust Company (BNY Mellon) and the City (the Escrow Agreement) and (b) a Master Repurchase agreement, dated as of July 21, 1998, by and among BNY Mellon, as buyer, the City and Societe Generale, New York Branch, as seller (the Master Repurchase Agreement). In in connection with the Loan Program, GMA entered into a Reimbursement and Indemnity Agreement, dated as of June 1, 1998, by and among GMA, BNY Mellon and National Public Finance Guarantee Corporation (formerly, MBIA Insurance Corporation) (°NPFGC) (the Reimbursement and Indemnity Agreement). Please refer to the resolution for additional information. The finance staff recommends approval of the Resolution to authorize the execution of a first amendment to 1998A Master Lease and Option Agreement. A motion was made by Councilmember Ron Fennel to approve item RES2016-09 for the approval. of Resolution 2016-09 for the execution of a first amendment to 1998A Master Lease and Option Agreement and authorize the Mayor to sign and execute all related documents;. seconded by Councilmember Doug Stoner. The motion carried by the following vote: Aye: 7 Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel 6. Privilege Licenses A. Public Hearing - Privilege License Request 2016-260 - Beer Pouring - 3240 South Cobb Drive STE 1500 - Snead Group Subsidiary dba Wingstop with Raymond Snead as agent. Sponsors: Anulewicz The background for this item was read aloud by City Administrator Mike Jones. New application for a privilege license for Snead This request is for the Group Subsidiary dba Wingstop for the sale of beer (retail pouring). Snead Group Subsidiary is the owner and Raymond Snead is the agent applicant. Raymond Snead will be the registered agent responsible for the sale of alcohol at the referenced location. Raymond Snead has been given a copy of the Alcoholic Beverage Ordinance and attended the mandatory alcohol awareness workshop. (Certificate attached) A background investigation conducted by the Smyrna Police Department failed to reveal information that would preclude issuance of this license. Raymond Snead has agreed to abide by the guidelines set forth by the City of Smyrna ordinance governing the sale of alcohol Staff recommends approval of a privilege license for the sale of beer (retail pouring) for Snead Group Subsidiary dba Wingstop with Raymond Snead as the registered agent. Mr. Snead is present. The public hearing was called by Mayor Bacon and no one came forward to speak in opposition to or to make comment regarding this item. Mayor Pro Tem / Councilmember Teri Anulewicz noted this item was in her ward and asked Mr. Snead if he had been through the required training and understood the police departments policy regarding sting operations. Mr. Snead said he had completed the training and understood the policy. He also remarked that his has a ciy of smyma Page 7 Printed on 7/292018 City Council Meeting Minutes - Final July 18, 2016 business in Cobb County that currently serves alcohol in Cobb County and they have a zero tolerance policy. He brought a copy of their current 4 page policy for Council review. The business has a a $20,000 terminal that reads all the drivers licenses for alcoholic beverage sales. * Clerks Note* Councilmember Susan Wilkinson stepped out of the room. Mayor Pro Tem /Councilmember Anulewicz asked Mr. Snead about their hours. He replied they would be open 11:00am - 12:00am Monday through Saturday and 12:OOpm - 12:OOam Sunday. Mayor Bacon stated this location was in the Kroger Shopping Center. A motion was made by Mayor Pro Tem / Councilmember Teri Anulewicz to approve item 2016-260 for the Privilege License Request (2016-260) for beer pouring located at 3240 South Cobb Drive, Ste 1500 by the applicant Snead Group Subsidiary dba W ngstop with Raymond Snead as agent, seconded by Councilmember Derek Norton. The motion Carried by the following vote: Aye: 6 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Stoner and Councilmember Fennel Absent: 1 - Councilmember Wilkinson B. Public Hearing - Privilege License Request 2016-261 - Beer, Wine, Liquor Pouring - 2420 Atlanta Road STE 100-200 - Opa Greek Village Taverna LLC dba Opa Greek Village Taverna with Triada Kokkosis as agent. Sponsors: Anulewicz Mike Jones, City Administrator gave the background for this item. This was one of the newer restaurants at Belmont Hills and a new application for privilege licenses for Opa Greek Village Smyrna LLC dba Opa Greek Village Tavema for the sale of beer, wine, and liquor (retail pouring). Ope Greek Village Tavema LLC is the owner and Triada Kokkosis is the agent applicant. Triada Kokkosis will be the registered agent responsible for the sale of alcohol at the referenced location. Triada Kokkosis has been given a copy of the Alcoholic Beverage Ordinance and attended the mandatory alcohol awareness workshop. (Certificate attached) A background investigation conducted by the Smyrna Police Department failed to reveal information that would preclude issuance of this license. Triada Kokkosis has agreed to abide by the guidelines set forth by the City of Smyrna ordinance governing the sale of alcohol. Approval of privilege licenses for the sale of beer, wine, and liquor (retail pouring) for Opa Greek Village Tavema LLC dba Opa Greek Village Taverna with Triada Kokkosis as the registered agent. The public hearing was called and no one came forward to speak in opposition to or to make comment regarding this item. Mayor Pro Tem /Councilmember Teri Anulewicz stated Belmont was a long awaited project and asked the applicant when they were planning on opening. Ms. Kokkosis replied they anticipated opening the end of August. This would be a Traditional Greek restaurant simple tavern food with a very family friendly atmosphere. *Clerk's Note* Councilmember Susan Wilkinson returned to the dies. Ms. Kokkosis took the required class and found it to be very educational. She said the Police Department came to their training and spoke about sting operations. Their hours of operation will be 10:30AM - 11:OOPM and Monday through Saturday and 12:OOPM - 11:00PM. A motion was made by Mayor Pro Tem / Councilmember Teri Anulewicz to approve item 2016.261 for a Privilege License Request (2016-261) for the service of Beer, City of Smyrna Page 8 Printed on 7129/2018 City Council Meeting Minutes - Final July 18, 2016 f • - • ..•. r .: Wine, Liquor Pouring located at 2420 Atlanta Road Ste. 100-200 for Opa Greek Village Taverna LLC dba Opa Greek Village Taverna with Triada Kokkosis as agent, seconded by Councilmember Derek Norton. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel There were no Commercial Building Permits. The consent agenda was read aloud for Council approval. A motion was made by Councilmember Ron Fennel to approve the consent agenda as read aloud; seconded by Councilmember Doug Stoner. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustem, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel A. Approval of the July 5, 2016 Mayor and Council Meeting Minutes B. Approval of Resolution 2016-06 extending the emergency 911 surcharge. Sponsors : Fennel C. Authorize the City of Smyrna to enter into an Intergovernmental Agreement with Cobb County with respect to the sharing responsibility of both the City and County in the water quality data collected under our National Pollutant Discharge Elimination System, NPDES, and authorize the Mayor to execute this Intergovernmental Agreement. Sponsors: Welch D. Award RFP 16-044 Two (2) F 750 Dump Trucks to the lowest bidder Rush Truck Center of Smyrna for $176,752.84 and authorize the Mayor to execute any related documents. Sponsors: Welch E. Award RFP 16-043 Landscape Maintenance Truck to the lowest bidder Rush Truck of Smyrna for $37,686.00 and authorize the Mayor to execute any related documents. sponsors: Welch Ward 7 - Councilmember Ron Fennel witnessed the previous weekends weather episode. The City had 5 inches of rain in a very short period of time with trees down City of smyma Page 9 Printed on 7/29/2016 City Council Meeting Minutes - Final July 18, 2016 and flood damage to some public buildings. Luckily and fortunately no one was harmed in the event. He gave the information of the upcoming Town Hall Meeting in August. They are looking for a location and date change. He congratulated the Smyrna Shark swimmers going to state. He also mentioned the Smyrna Blue and asked if anyone knew the outcome of their competition. Ward 6 - Councilmember Doug Stoner remarked about the approval of the study in tonight's agenda and noted there were three going on this year. These studies were important for the future of the City. He thanked the City Administrator and the Public Works employees for their response to the weather event. There was extensive damage to two of the City buildings as well as four power poles that came down, blocking Atlanta Road, Ward 5 - Councilmember Susan Wilkinson encouraged everyone to look at the City website and the library section for upcoming events and happenings. Chess Day would be Sunday, August 7th, as well as the first Sunday lecture series. Ward 4 - Councilmember Corkey Welch participated in the Adopt a Mile program and is always surprised at how many people still throw trash out of their windows. Ward 3 - Councilmember Teri Anulewicz spoke about the rain event. She noted early voting ongoing in Cobb County and encouraged all citizens to cast a vote for the run-off elections. She also mentioned Pokemon Cot and the hundreds of people in the Village on Sunday. She remarked that if folks were out playing she asked that they be sure to visit the local stores. She is excited about all the new restaurants in the works for the area as well. Ward 2 - Councilmember Andrea Blustein could not believe the rain event. Ward 1 - Councilmember Derek Norton thanked the employees that helped with the clean up of the damage from Saturdays storm. City Administrator Mike Jones had no additional report. City Attorney Scott Cochran had no additional report. Deputy City Clerk, Heather Peacon-Com had no additional report. 10. Show Cause Hearings: 11, Citizen Input: There were no Show Cause Hearings. Mr. Alex Backry of Shawnee Trail spoke about the millage rate public hearings. He noted that again the information was not presented to the citizens in the water bill. He also spoke further about the Reed House and his frustration with the lack of decision as to its intended use. Mr. Randy Jordan came forward to speak about the License and Variance Board variances passed last Wednesday. One in particular is troublesome for many in his neighborhood. He asked neighbors who were present to stand who felt like he did. He wanted to express his concerns. One item is for a home at the end of the street and only one notification was sent to the adjoining neighbor. The approval of the City of Smyrna Page 10 Printed on 712912016 City Council Meeting Minutes - Final July 18, 2016 variance allowed for the new construction to be placed on less than the zoning required. He asked the Council to keep with the zoning requirement. He is concerned that neighbors attended a public meeting and heard their opposition and still voted in favor of the item. The neighbors are not opposed to it being a Habitat for Humanity house but are opposed to the square footage of the homes. They feel no hardship was proved and this variance allowed for a developer to build within a minimum. Mr. Dave Vargis spoke about the update to the glass noise at the recycling center. He remarked that CBS 46 wanted to do an additional update about the center and remarked that the Mayor said August 1, 2016 would render an update and yet nothing has been mentioned. The neighbors continue to be very upset and a petition with 81 names on it was signed and passed around to the Mayor and Council. He stated will get an attorney if need be because he feels the center was not zoned correctly. He said the Recycling Center is ruining their lives. The City is not being a good a neighbor. Mayor Bacon stated for clarification that any citizen can speak during Citizen Input at the end of each meeting for a total of three minutes.. Public Hearings are timed at five minutes. Citizen Input is not a time for Council to debate the issues but is a time for Council to hear the citizens' concerns and comments. Mayor Bacon said he thinks there will be a resolution by August 1, 2016. The City intends to be good neighbors. Councilmember Susan Wilkinson asked Mayor Bacon if she could speak and commented that she had brought the Variance issue up to her colleagues several times and she feels that is important that the citizens voices be heard and she is in favor of the item being heard by Mayor and Council on appeal. She does not feel it is undermining the License and Variance Board and does feel that it is undermining the citizens. She just wants her constituents to know that she has brought this up several times and so far they feel it is not something they want to hear. She also stated that it had always a policy that if citizens objected at an LVB meeting it was brought before Council on appeal. She noted that Privilege License was changed to the LVB Board but it was not changed that LVB items would no longer come before Council. She wanted the citizens to know that she sent the information to them at the time she received it and that she had called staff earlier and it was not ready when she called. The initial email she received had Wells Drive instead of Wells Circle and the address was also changed right before the hearing in the issue sheet right before the hearing. Mayor Max Bacon adjourned the meeting of the Mayor and Council for July 18, 2016 at 8:19 PM. City of Smyrna Page 11 Printed on 712912016 A. MAX BACON, MAYOR TERRI GRAHAM, CITY CLERK D K NOR ON, WARD I ANDREA BLUSTEIN, WARD 2 T- ERI ANULEWICZ, WARD 3 CHARLES A.WELCH, WARD 4 MAYOR PRO TEM SU WIL�SO ARD 5 DOUG SR, WARD 6 r RON FENNEL, WARD 7