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02-16-2009 February 16, 2009 February 16,2009 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, Assistant City Administrator Eric Taylor, Deputy City Clerk Lee Miller, Acting City Attorney Jeffrey Tucker, Public Works Director Scott Stokes, Library Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Community Development Director Ken Suddreth, Intern Monica Jones, Police Chief Stan Hook, Community Relations Director Jennifer Bennett, Parks and Recreation Director Steve Ciaccio, Fire Chief Jason Lanyon, Finance Director David Boyd and representatives of the press. Invocation was given by Pastor Jim Moon of Crosspoint Presbyterian Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 4 A (Rezoning Request Z08-009) will be tabled. MAYOR'S REPORT: (A) Recognition of Campbell High School Student Government President Mayor Bacon introduced student government representative Errin Calhoun to those present, and stated he will be presiding over the evening's proceedings as honorary mayor. - Mayor Bacon read a Proclamation in recognition of Council Member Lnenicka's 20th anniversary on the city council and congratulated him on his service to the community. (B) Proclamation in Recognition of Arbor Day Council Member McNabb read a Proclamation in Recognition of Arbor Day and presented the Proclamation to Ms. Kirk. Ms. Kirk stated the City has reestablished its designation as a tree city and thanked the associates ofthe Tree Board for taking steps to accomplish this. Ms. Kirk provided details to those present regarding a dedication ceremony for new trees to be conducted at the Arboretum. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing- Rezoning Request Z08-009 - GC-Conditional and RM-12 to RM-12 and GC-Conditional - 4570 and 4600 South Cobb Drive - 8.53 acre tract - Land Lots 690 and 691 - Columbia Properties, Inc. Honorary Mayor Calhoun stated this is a public hearing and asked for public comment. There was none. - MOTION: Council Member Lnenicka made a motion to table Rezoning Request Z08-009 from GC-Conditional and RM-12 to RM-12 and GC-Conditional at 4570 and 4600 South Cobb Drive for a 8.53 acre tract in Land Lots 690 and 691 for Columbia Properties, Inc. to the March 2, 2009 meeting. The motion was seconded by Council Member Wood. Motion was approved 7 - O. Motion to table was approved 7 - O. February 16, 2009 2 (B) Public Hearing - Text Amendment to Section 711 of the Zoning Ordinance - Allow emission and inspection stations as permitted uses within the Neighborhood Shopping zoning district - City of Smyrna - Mr. Wright stated this measure will allow emission testing stations as a permitted use in NS zoned areas of the City. Mr. Suddreth provided additional information to the present officials concerning the proposed text amendment. Mr. Suddreth stated staff and PZB support the proposed amendment. Mr. Suddreth stated that under current regulations emission stations may only be built in NS districts as part of a planned shopping center. Mr. Suddreth stated the proposed amendment would allow such a use in NS districts independent of a shopping center plan. Mr. Suddreth stated there are five conditions included in the revision which would have to be complied with in order for a free- standing emission testing station to be built. Council Member Newcomb stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Newcomb made a motion to approve text amendment to Section 711 of the Zoning Ordinance to allow emission and inspection stations as permitted uses within the Neighborhood Shopping zoning district in the City of Smyrna. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: - There were none. CONSENT AGENDA: (A) Approval of February 2,2009 minutes (B) Approval of use of City Council Chambers on Sunday, February 22nd, from 5:30 - 8:30 PM for a Ward 6 meeting (Creatwood at Vinings HOA) (C) Award bid #09-019 for Phase I Construction of the park at the North Cooper Lake Road property to Butch Thompson Enterprises in the amount of $583,385 and authorize the Mayor to execute related contract documents (D) Approve a preliminary engineering agreement with CSX Railroad for engineering for the Spring Road Pedestrian Bridge and authorize the Mayor to execute related documents (E) Approval of Atkins Park 2009 St. Patrick's Day Celebration in the Market Village on Tuesday, March 17,2009 from 2 p.m. - 10:45 p.m. (F) Approval of Parks Bond Program Budget Adjustment - February 16, 2009 3 MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. - COMMITTEE REPORTS: Council Member Pritchett yielded the floor with no report. Council Member Newcomb recognized Mr. Suddreth, who provided details to those present concerning recent building statistics. Council Member Newcomb congratulated Council Member Lnenicka on his many years of service to the City and commended him for his diligence, attention to detail and strong sense of duty. Council Member Anulewicz yielded the floor with no report. Council Member Anulewicz congratulated Council Member Lnenicka on his many years of service to the City. Council Member McNabb recognized Mr. Stokes, who provided details to those present concerning recent public works projects. Mr. Stokes thanked the IBM volunteers for donating their time to help assemble several hundred carts. Mr. Stokes stated leak detection recently conducted on City water mains identified areas of water loss which were corrected, thereby saving the City a considerable amount of money. Council Member McNabb congratulated Council Member Lnenicka on his many years of service to the City and commended him for his dedication to the citizens and the inquisitive and imaginative thought process he brings to bear on the tasks which face the City's leadership. - Council Member Smith recognized Ms. Bennett, and Ms. Bennett congratulated Council Member Lnenicka on his many years of service to the City. Ms. Bennett announced the 2009 Jonquil City Jog will take place on April 25 and provided details concerning registration for the event. 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. Council Member Smith recognized Mr. Ciaccio, who provided details to those present concerning upcoming parks and recreation department activities and projects. Mr. Ciaccio thanked Council Member Lnenicka for his many years of service to the City. Council Member Smith commended Council Member Lnenicka for his dedication to the City. - Council Member Lnenicka recognized Chief Hook, who provided details to those present concerning City police department operations and annual statistics. Chief Hook thanked Council Member Lnenicka for his many years of service to the City. Council Member Lnenicka recognized Chief Lanyon, who provided details to those present concerning City fire department operations and annual statistics. Council Member Newcomb stated high-quality police, fire and EMS services with rapid response times are an important benefit of living in the City. Council Member Lnenicka thanked everyone for the recognition he received this evening on his . . servIce anmversary. Council Member Wood recognized Mr. Boyd, and Mr. Boyd congratulated Council Member Lnenicka on his service anniversary. Mr. Boyd provided details to those present concerning property tax collections and business licenses. Council Member Wood thanked Council Member Lnenicka for his service to the City. February 16, 2009 4 Mr. Wright congratulated Council Member Lnenicka for his many years of dedicated service to the citizens of Smyrna. Mr. Tucker commended Council Member Lnenicka for his outstanding service to the community. ...... Mr. Miller congratulated Council Member Lnenicka on this important milestone in his public servIce career. CITIZENS INPUT: Honorary Mayor Calhoun recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry commended State insurance commissioner John Oxendine and his staff for agreeing to accept a 5% pay reduction to set a good example. Mr. Backry commented favorably about town hall meetings recently conducted by Representative Rich Golick and Cobb County BOC member Bob Otto Mr. Backry stated he would like to see a town hall meeting conducted by the entire Smyrna city council. Mr. Backry expressed the view that we are living in troubled times and that he believes a meeting of this type should be held and sufficiently advertised in advance. Honorary Mayor Calhoun thanked the present officials for the opportunity to participate in the city government process and stated it was an edifying experience. Honorary Mayor Calhoun congratulated Council Member Lnenicka on his service anniversary and stated he is a good role model. Council Member Lnenicka stated there is a Smyrna city council town hall meeting scheduled for April 21 at the Community Center. Council Member Lnenicka thanked Honorary Mayor Calhoun for attending the meeting this evening. ADJOURNMENT: ...... With no further business, the meeting was adjourned at 8:30 p.m. - February 16, 2009 5 - f ~c.~ / SUSAN D. HIOTT, CITY CLERK A. MAX BACON, MAYOR ~vl/ / t/ RON NEWCOMB, WARD 2 ~ ~~AB~~' JIMMY D. SMITH, WARD 5 WADE S. LNENICKA, WARD 6 - (!L & CJ~ CHARLES PETE WOOD, WARD 7 \ - ORDINANCE No. 2009-2 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION 711,NS, NEIGHBORHOOD SHOPPING DISTRICT, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION TO INCLUDE VEHICLE EMISSIONS STATIONS AS AN APPROVED USE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning, Section 711, City of Smyrna, Georgia, be amended by addition of a section to read as follows: "Section7ll Emission and inspection stations provided that: (1) No temporary buildings and/or tents are to be utilized; (2) Paint colors shall be selected from the approved palate of Pantone Colors identified in Section 717.173 (b) of the Zoning Ordinance; (3) Subject to the requirements of the Sign Ordinance; (4) No licensed location for an emissions or inspection station shall be located closer than 1,000 feet to any similarly licensed emissions or inspection station location; and (5) If constructed in an existing parking lot, the facility and stacking lane shall not occupy any required on-site parking space or encroach into any minimum required driveway width." ... All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 16th day of February, 2009. - ORDINANCE No. 2009-2 Attest: ~ (j Y0..j~. -' It-. . DUP(::(J S san . Hiott, City Clerk .j City of Smyrna Approved as to form: J ~^--~~ ~ Scott A. Cochran, City Attorney 2 A. Max Bacon, Mayor .... -- ......