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03-16-2009 March 16, 2009 March 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, City Clerk Susan Hiott, 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, Planners Rusty Martin and Scott Smith, 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 Minister Seth Freeman ofIGO Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda items 4 B (Text Amendment to Section 712.5 of the Zoning Ordinance) and 4 D (Zoning Amendment Request Z09-001) will be tabled. MAYOR'S REPORT: (A) Presentation of Character Education Word with Campbell Middle School Mayor Bacon recognized faculty members and students from Campbell Middle School, and the students presented this month's character education program. - (B) Presentation of Career Center at Campbell High School Mayor Bacon recognized Principal Arnson, who thanked the present officials for their support of the community schools. Principal Arnson introduced staff members who provided details concerning the Career Center and various programs. (C) Proclamation in recognition of 25 Years of Service - Dirt Cheep Music Council Member Smith recognized Messrs. John and Aaron Rathbone, and read A Proclamation in Recognition of 25 Years - Dirt Cheep Music to those present. Council Member Smith congratulated them and presented the Proclamation. Mr. John Rathbone thanked everyone in the community for their support over the years. Mayor Bacon read a statement to those present concerning comments made by a citizen at the previous meeting. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing - Rezoning Request Z09-002 - RAD Conditional to R-15 with variances for reduction ofthe front and rear yards - 2814 Wright Street - 0.543 acre tract - Land Lot 593 - Dr. Lee and Joan Friedman - Mr. Wright stated the applicant is requesting a reversion to R-15 zoning from the RAD - Conditional zoning approved during 2006, along with variances for reduction of front and rear March 16. 2009 2 setbacks for construction of one single-family structure. Mr. Wright stated the Planning and Zoning Board (PZB) and staff support this request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Mr. Suddreth provided additional information regarding the rezoning and variance request. In response to a question from Council Member McNabb regarding the placement of a back-up pad, Mr. Suddreth explained that there are different setbacks for the driveway, parking area and building area, so there is no violation in the building area because it must be 15,' and it is within the permitted area for the parking pad coming up to the driveway. Mr. Suddreth stated this corner is really where the need for the variance is. Council Member Anulewicz recognized Dr. and Mrs. Friedman, and welcomed them to the community. In response to a question from Council Member Smith, Mr. Stokes stated he believes Wright Street does not meet guidelines for two-way traffic. MOTION: Council Member Anulewicz made a motion to approve Rezoning Request Z09-002 from RAD Conditional to R-15 with variances for reduction ofthe front setback from 35' to 25' from the current right-of-way I ine and reduction of rear yard setback from 30' to 15' at 2814 Wright Street for a 0.543 acre tract in Land Lot 593 for Lee and Joan Friedman. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (B) Public Hearing - Text Amendment to Section 712.5 ofthe Zoning Ordinance as it relates to tire stores and the outside storage of tires - City of Smyrna Mayor Bacon asked if there is anyone present in connection with this matter, and there was no response. - MOTION: Council Member Newcomb made a motion to table text amendment to Section 712.5 ofthe Zoning Ordinance as it relates to tire stores and the outside storage of tires to the April 20, 2009 council meeting. The motion was seconded by Council Member Pritchett. Motion to table was approved 7 - O. (C) Public Hearing - Text Amendment to Section 602 of the Zoning Ordinance as it relates to the adoption of the updated zoning map - City of Smyrna Mr. Wright stated the official zoning map was last officially updated during 2008, and the proposed amendment will incorporate zoning changes approved since that time. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Suddreth stated the update reflects one de-annexation, three annexations without rezoning, two annexations with rezoning, five rezonings and ten map corrections. MOTION: Council Member Newcomb made a motion to approve text amendment to Section 602 of the Zoning Ordinance as it relates to the adoption ofthe official zoning map dated February 1,2009. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. - March 16. 2009 3 (D) Public Hearing - Zoning Amendment Request Z09-00 1 - Request to change previously approved zoning stipulation - 1.833 acre tract - Land Lot 692 - 4601 South Cobb Drive - South Cobb Self Storage, LLC ... Mayor Bacon asked if there is anyone present in connection with this matter, and there was no response. MOTION: Council Member Lnenicka made a motion to table Zoning Amendment Request Z09- 001 to change previously approved zoning stipulation for a 1.833 acre tract in Land Lot 692 at 460 I South Cobb Drive for South Cobb Self Storage, LLC to the April 6, 2009 council meeting. The motion was seconded by Council Member Wood. Motion to table was approved 7 - O. FORMAL BUSINESS: (A) Approval of proposed utility rates for FY 2010 Mr. Wright stated new rates are proposed for City water and sewer service for the 20 I 0 fiscal year. Mr. Wright stated the proposed rates reflect increased wholesale costs for water and sewer treatment and rising capital costs. Mr. Wright stated staff recommends approval of these rates. MOTION: Council Member Wood made a motion to approve the new water and sewer utility rates for fiscal year 20 10. The motion was seconded by Council Member Newcomb. Motion was approved 6 - 1, with Council Member McNabb in opposition. COMMERCIAL BUILDING PERMITS: - There were none. CONSENT AGENDA: (A) Approval of March 2, 2009 minutes (B) Approval of use of City Council Chambers on Wednesday, March 25, from 6:00-9:00 p.m. for a Ward 6 meeting (Vinings Forest Condominiums HOA) (C) Approve Atkins Park 2009 Crawfish Boil Celebration in the Market Village on Saturday, April 25, 2009 from I'p.m. - 10:45 p.m. (D) Approval of2009 CDBG Subrecipient Agreement for use of Community Development Block Grant Funds (CDBG) between Cobb County and City of Smyrna and authorize Mayor to sign and execute agreement (E) Approval of Tower Cloud, Inc. franchise application to place telecommunication lines in public rights of way of City MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMITTEE REPORTS: ... Council Member Pritchett recognized Ms. Hiott, who provided details to those present concerning March 16. 2009 4 recent court services operations. Council Member Newcomb recognized Mr. Suddreth, who provided details to those present concerning recent building statistics. .-r Council Member Anulewicz recognized Major Tim Clark, and commended him for his service to our country. Council Member McNabb recognized Mr. Stokes, who provided details to those present concerning recent public works projects and sanitation schedules. Council Member McNabb recognized Ms. Kirk, who commended Mr. Stokes and his staff for facilitating the implementation of the recycling program through excellent customer service. Ms. Kirk stated electronics can be recycled at the KSB facility. Ms. Kirk provided details to those present concerning upcoming clean-up projects in the City. Council Member McNabb reminded everyone that there will be a St. Patrick's Day celebration in the Market Village tomorrow. Council Member Smith recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning the Jonquil City Jog scheduled for April 25. Ms. Bennett stated sponsors for the event include Step it Up Fitness, Georgia Power, Glennda Baker and Associates, Marietta Daily Journal, Kenny's Key Lime Pie, Riverfront Dental, Waste Management, Emory Adventist Hospital, Fisher Orthodontics, Community Bank of the South, Great Harvest Bread Company, Village Health, Run for Life, West Stride, Cohutta Water and Chick-fil-A. Ms. Bennett thanked these sponsors for their support. - 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 projects. Council Member Lnenicka recognized Chief Lanyon, who had no report. Council Member Lnenicka provided details to those present concerning a newspaper report by the county grand jury which recently appeared in the Marietta Daily Journal. Council Member Lnenicka commended Chief Hook for the favorable comments about the City police department which appeared in this report. Council Member Lnenicka recognized Chief Hook, who provided details to those present concerning recent City police department operations and statistics. Council Member Lnenicka commented favorably about a recent meeting of the Oak Ridge Estates HOA. Council Member Lnenicka provided details to those present concerning an upcoming meeting of the Vinings Forest HOA. Council Member Lnenicka wished everyone a happy St. Patrick's Day and his sister a happy birthday. Council Member Wood recognized Mr. Boyd, who had no report. Mr. Wright stated the water for the Market Village fountain was donated by Lipsey Logistics. - March 16. 2009 5 CITIZENS INPUT: ... Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry provided details to those present concerning a news report by Channel 2 about the City's contract with Northwest Exterminating. Mr. Backry stated that, according to City regulations, any work over $2,500 must be bid out. Mr. Backry stated bids for this work were finally received from several companies. Mr. Backry expressed the view that he has not received satisfactory answers to his questions about this matter. Mr. Backry expressed the view that Mayor Bacon's employment with Northwest represents a potential conflict of interests. Council Member Lnenicka stated the foregoing statements by Mr. Backry contain misinformation and are lacking factual substantiation. Council Member Lnenicka stated this matter is old news and it has been previously examined at length and in great detail. Council Member Lnenicka stated that if there had ever been any impropriety it would have been discovered long ago. Council Member Lnenicka stated there is no law which disallows a city government from conducting business with an entity which employs one of its elected representatives. Council Member Lnenicka stated he will not allow anyone to wrongly impugn the City's officials without challenge. Council Member Lnenicka stated the original arrangement with Northwest was an excellent deal for the citizens of Smyrna, and that the bid process has ultimately cost those same citizens a lot of money. Council Member McNabb stated he has already had to sit through this particular diatribe before and that listening to the same story repeatedly has become tiresome. Council Member McNabb stated all elected officials are required by Georgia law to undergo training for ethics requirements. Council Member McNabb stated it is never a conflict of interests to be a mere employee of a firm that is bidding on business for the local government which that employee is elected to represent. Council Member McNabb stated Mayor Bacon is neither an owner, director nor a shareholder of the subject entity and is in no position to financially benefit from a bid award. Council Member Newcomb stated Mayor Bacon's employment at Northwest represents no conflict of interests. Mayor Bacon stated pest control services were put out for bids and Northwest was the lowest bidder. Mayor Bacon stated he no longer works for Northwest and has not worked there for quite some time. Mayor Bacon commented favorably about Northwest. ... Mr. Tucker stated Mr. Backry misstated the law he was attempting to quote, and commended Council Member McNabb for correcting this misstatement. ADJOURNMENT: With no further business, the meeting was adjourned at 9:00 p.m. ... March 16. 2009 A. MAX BACON, MAYOR ~ ,I ~~~~ 6 / I J (" t , .' J:.,:/ ' L<.--':/<..-.-U---- LERK - r\2Ar JL RON NEWCOMB, WARD 2 EL McNABB, W RD t\~ WADE S. LNENICKA, WARD 6 - - ORDINANCE No. 2009 - 3 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION 602 ZONING MAP AND DISTRICT BOUNDARIES, CITY OF SMYRNA, GEORGIA, BE AMENDED TO REFLECT THE CURRENT ZONING MAP TO INCLUDE THE DATE OF ITS CREATION. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning, Section 602, City of Smyrna, Georgia, be amended to read as follows: Sec. 602. Zoning map and district boundaries. "The boundaries of the aforementioned districts are hereby established as shown on a map entitled "Official Zoning Map, City of Smyrna, Georgia" dated March 16, 2009 and certified by the city clerk. Said map and all explanatory matter depicted thereon is hereby made a part of this ordinance and shall be on file in the office of the city clerk." 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 d/a~ ? A. Max Bacon, Mayor Attest: ~~[).~ Susan D. Hiott, City Clerk City of Smyrna . , ity Attorney r~L.T~ - .... - ....