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02-18-2008 February 18, 2008 February 18.2008 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Pro Tem Wade S. Lnenicka at 7:30 o'clock p.m. All council members were present except Mayor Max Bacon and Council Members McNabb and Pritchett. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, Acting City Attorney Jeffrey Tucker, Public Works Director Scott Stokes, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Assistant Keep Smyrna Beautiful Director Virginia Davis, Community Relations Director Jennifer Bennett, Finance Director David Boyd, Community Development Director Ken Suddreth, Assistant City Administrator Eric Taylor, Fire Chief Jason Lanyon, Planner Rusty Martin, Human Resources Director Chris Corey and representatives of the press. Invocation was given by Reverend Merchuria Williams from Shaw Temple AME Church, followed by the pledge to the flag. AGENDA CHANGES: There were none. MAYOR'S REPORT: - Mayor Pro Tem Lnenicka recognized Ms. Kirk and several KSB commission members, and Ms. Kirk provided details to those present concerning recent national recognition the City received for its beautification program. Mr. Waldrip commented favorably about the contributions of Ms. Kirk, Ms. Davis and the many citizen volunteers who help make the City's KSB program a success. Mayor Pro Tem Lnenicka thanked all the KSB associates for their efforts. Mayor Pro Tem Lnenicka recognized Mr. Hicks from Croy Engineering, and Mr. Hicks provided details to those present concerning progress being made on the City's parks bond projects. Mr. Ciaccio provided additional information concerning parks and recreational improvements. Mr. Hicks pointed out that the work is being done within budget with a projected timetable for completion of approximately twelve months. Mayor Pro Tem Lnenicka commented favorably about progress made to date on parks improvements. Mr. Hicks stated a summary of the report he has presented this evening will be available on the City's website for citizen review. LAND ISSUES/ZONINGS/ ANNEXA nONS: (A) Public Hearing - Rezoning Request Z07-026 - R-15 to LI - 1133, 2269, 2275 and 2291 Park Drive and 2285 Hillside Drive - Spring Street Investments, LLC Mr. Wright stated the applicant is seeking rezoning of the subject tract to light industrial (LI) classification with conditions which is consistent and compatible with adjacent uses. Mr. Wright stated the Planning and Zoning Board (PZB) recommends approval ofthis rezoning request. Mayor Pro Tem Lnenicka stated this is a public hearing and asked for public comment. There was none. - Mr. Suddreth provided details to those present concerning the rezoning request. Mr. Suddreth stated most of the subject tract is within the corporate limits of the City and a small portion would require annexation. Mr. Suddreth read the conditions of this rezoning request into the record as February 18.2008 2 follows: 1. The proposed parcels must meet the minimum requirements associated with the LI zoning district in the Section 802 of the Zoning Code. - 2. The retention or detention pond shall be placed and screened appropriately to be unobtrusive from the public right-of-way. The stormwater detention plan shall be designed to create a ten percent reduction in a two-year to one hundred-year storm event. The city engineer shall approve all plans. 3. All utilities within the development must be underground. 4. The developer shall be responsible for and traffic improvements (including additional right-of- way dedications or the provision of sidewalks) deemed necessary by either the city or county during plan review. 5. The development of any streets (including private) shall conform to the city's standards for public right-of-ways. 6. No debris may be buried on any lot or common area. 7. The developer or property owner will comply with the city's current tree ordinance. All required tree protection measures shall be adhered to by the developer or property owner during construction. 8. All outside storage must be screened from view of public right-of-ways. - 9. The existing vacant home on the subject parcel must be demolished and removed within 180 days from the approval of the rezoning request. Mr. Suddreth stated the developer is in agreement with the conditions of rezoning. (B) Public Hearing - Approval of Annexation Application - 1.18 acre tract - Land Lot 491, Parcel 6, 17th District, 2nd Section -2285 Hillside Drive and 2291 Park Drive - Spring Street Investments, LLC Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Anulewicz made a motion to approve annexation application for a 1.18 acre tract in Land Lot 491, Parcel 6, 17th District, 2nd Section at 2285 Hillside Drive and 2291 Park Drive for Spring Street Investments, LLC to become a part of Ward 3 with an effective date of March 1,2008. The motion was seconded by Council Member Newcomb. Motion was approved 4 - O. (C) Final vote - Rezoning Request Z07-026 - R-I5 to LI - 1133,2269,2275 and 2291 Park Drive and 2285 Hillside Drive - Spring Street Investments, LLC Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. There was none. - February 18.2008 3 - MOTION: Council Member Anulewicz made a motion to approve Rezoning Request Z07-026 from R-15 to light industrial (LI) for 1133,2269,2275 and 2291 Park Drive and 2285 Hillside Drive for Spring Street Investments, LLC subject to conditions as specified by staff and agreed upon by the applicant. The motion was seconded by Council Member Wood. Motion was approved 4 - O. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Approval of Resolution R2008-3, Opposing HB938, regarding franchise fees Council Member Wood stated read the Resolution to those present. - MOTION: Council Member Wood made a motion to approve Resolution R2008-3 opposing HB938 and the impact of this proposed legislation on the ability of local governments to collect franchise fees. The motion was seconded by Council Member Smith. Mayor Pro Tern Lnenicka stated the City manages rights-of-way (ROW) within the corporate limits of the City. Mayor Pro Tern Lnenicka stated the City's staff and officials need to know what type of infrastructure is being installed in the ROW by various utility providers for a number of reasons. Mayor Pro Tern Lnenicka stated diminution of the City's control over ROW is not in the best interests ofthe citizens. Mayor Pro Tern Lnenicka stated gratis use of public ROW should not be furnished to for-profit utility concerns. Mayor Pro Tern Lnenicka stated the City's officials know what is best for its citizens. Mayor Pro Tern Lnenicka stated he supports this measure. Motion was approved 4-0. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of February 4,2008 minutes (B) Approval for 92.9 DAVE FM Radio "Acoustic Sunset" Sunday Concert Series from 5 to 8 PM each Sunday evening March 30 through May 4, 2008 (C) Approve contract with Georgia Municipal Association for auditing of alcoholic beverage licenses and authorize the Mayor to execute related contract documents (D) Approval of Georgia Emergency Management Agency Statewide Mutual Aid and Assistance Agreement and authorize Mayor to execute the document (E) Approval of use of Council Chambers for a meeting of the Creatwood at Vinings HOA on Sunday, March 2,2008 from 5:30 p.m. until 9:00 p.m. (F) Approval of Atkins Park 2008 St. Patrick's Day Celebration in the Market Village on Monday, March 17,2008 from 2 PM until 10:45 PM - February 18,2008 4 (G) Approval of change order in the amount of $61,700.00 to the Adult Recreation Center construction contract with Nicorp to provide a covered pedestrian walkway MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 4 - O. - COMMITTEE REPORTS: Council Member Newcomb recognized Mr. Suddreth, who provided details to those present concerning recent construction permit activity in the City. Council Member Newcomb recognized Ms. Hiott, who had no report. Council Member Anulewicz recognized Mr. Corey, who provided details to those present concerning positions for which the City is presently recruiting. Mr. Corey provided details to those present regarding an upcoming health insurance meeting for City employees and officials. Council Member Anulewicz recognized Ms. Kirk, and Ms. Kirk provided details to those present regarding the recent Arbor Day tree dedication. Ms. Kirk thanked the Optimist Club and local citizens for their support of this program Council Member Anulewicz recognized Mr. Stokes, and Mr. Stokes provided details to those present concerning current Public Works Department projects. Council Member Smith recognized Mr. Ciaccio, who provided details to those present concerning upcoming Parks and Recreation Department events and activities. Council Member Smith recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning upcoming City events. - Council Member Smith recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning current and upcoming programs and events for the City Library as well as recent use statistics. Council Member Wood recognized Mr. Boyd, and Mr. Boyd congratulated Greg Van Antwerp for receiving the Distinguished Budget Presentation Award from the Government Finance Officer's Association. Mayor Pro Tern Lnenicka reminded those present about the upcoming Creatwood at Vinings HOA meeting. Mayor Pro Tern Lnenicka recognized Chief Lanyon, and Chief Lanyon provided details to those present regarding the summary report of City fire department operations for 2007 and other aspects of the department's plans and preparations. Mayor Pro Tern Lnenicka stated the City's Education Task Force will conduct its first meeting this week. Mayor Pro Tern Lnenicka provided details to those present concerning the recent court ruling which states that the Georgia Constitution does not allow diversion of local school board funds for use in tax allocation districts (TAD). Mayor Pro Tern Lnenicka acknowledged this ruling had an impact on the Jonquil Village and Belmont Hills projects. Mayor Pro Tern - February 18, 2008 5 Lnenicka stated Mayor Bacon and the City's staff and officials have been actively examining possible alternative plans for continuing redevelopment ion the City. .... CITIZENS INPUT: Mayor Pro Tern Lnenicka recognized Ms. Nancy Hamilton, residing on West Spring Street, and Ms. Hamilton provided details to those present concerning the negative impact on her business which she believes is caused by street closings in the Market Village during festivals. Ms. Hamilton asked the City's officials to stop allowing these festivals to be conducted in the Market Village. ADJOURNMENT: With no further business, the meeting was adjourned at 8:28 p.m. A. MAX BACON, MAYOR - RON NEWCOMB, WARD 2 2ut'~ TERI ANULEWICZ, WA v~d~ JIMMY D. SMITH, WARD 5 WADE S. LNENICKA, WARD 6 CHARLES PETE WOOD, WARD 7 - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 491 Acres 1 .1 8 2007-18 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of at least 60 percent of the land described in Exhibit "A" attached hereto have been notified ofthe City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on February 18, 2008 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "'A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this February ,2008. 18th day of Lc4:~ A. Max Bacon, Mayor Attest: ~<'aJ~V f) .Y6~ Susan D. HIOtt, CIty Clerk City of Smyrna - Ordinance 2007-18 Exhibit "A" - LEGAL DESCRIPTION All that tract or parcel of land lying and being in Land Lot 491 of the 17TH District, 2ND Section, Cobb County, Georgia being more particularly described as follows: Commencing at a point located at the intersection of the easterly right of way of Park Drive (30' R/W) and the northerly right of way of Hillside Drive (30' RlW); THENCE along the easterly right of way of Park Drive North 22 degrees 14 minutes 55 seconds West for a distance of 5.15 feet to the POINT OF BEGINNING; THENCE continuing along said right of way North 22 degrees 14 minutes 55 seconds West for a distance of 168.17 feet to a point; THENCE continuing along said right of way North 21 degrees 09 minutes 58 seconds West for a distance of 118.95 feet to a point; THENCE leaving said right of way North 89 degrees 52 minutes 10 seconds East for a distance of201.85 feet to a point; THENCE South 20 degrees 21 minutes 56 seconds East for a distance of 118.39 feet to a point; THENCE South 25 degrees 53 minutes 05 seconds East for a distance of 140.94 feet to a point; THENCE South 81 degrees 35 minutes 49 seconds West for a distance of200.10 feet to the POINT OF BEGINNING. Said property contains 1.18 acres more or less. - - - City of Smyrna Georgia Resolution R2008-3 Regarding HB 938 WHEREAS: Cities in Georgia are responsible for the acquisition and maintenance of Rights of Way in their cities and this property belongs to the cities, and WHEREAS: Utility Companies, many which are for profit private companies, needing land to provide their service to customers use City Rights of Way, and WHEREAS: Current Georgia Law allows for Cities to charge Utility Companies a Franchise Fee for the privilege of using this city property to put their equipment on, and WHEREAS: HB 938, if approved, could end the collection of Franchise Fees by cities, and WHEREAS: The cities in Cobb County alone collected over 12.2 million dollars in Franchise Fees in 2007, and WHEREAS: If cities could not collect Franchise Fees as they have done in the past the only way to make up this loss of revenue would be to raise property taxes on residents and businesses in the cities, and - WHEREAS: The City of Smyrna, if it lost the $3.5 million dollars in franchise fees it collects a year the city would have to raise its millage rate at least 1.85 mills to cover this loss of revenue, this would be an increase in the City of Smyrna's millage rate of 20%. NOW, THEREFORE BE IT RESOLVED, That the Mayor and Council do hereby request that the Cobb County Delegation oppose HB 938 as it would force all the Cities in Cobb County to Raise Taxes on Homeowners and Businesses in the Cities while giving Utility Companies free use of Public Rights of Way. Signed this 18th Day of February, 2008. ATTEST: qA~D.~ Susan D. Hiott, City Clerk A. Max Bacon, Mayor - Approved as to City Attorney