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04-06-2009 April 6, 2009 April 6, 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, City Clerk Susan Hiott, City Attorney Jeffrey Tucker, Community Development Director Ken Suddreth, Planner Rusty Martin and representatives of the press. Invocation was given by Brother Henri Ward of Shaw Temple AME, followed by the pledge to the flag. AGENDA CHANGES: There were none. MA YOR'S REPORT: Mayor Bacon provided details to those present about Backyard Feed and Seed on Roswell Street and recommended the store as a source of seasonal gardening supplies. LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Public Hearing- Zoning Amendment Request Z09-00 I - Request to change previously approved zoning stipulation - 1.833 acre tract - Land Lot 692 - 4601 South Cobb Drive - South Cobb Self Storage, LLC Mr. Wright stated the proposed measure, if approved, will allow two wall signs at the subject location. _ Mr. Wright stated staff recommends approval ofthe requested zoning amendment. Mr. Suddreth provided additional information regarding the request. Mr. Suddreth stated the original plan specified a collective sign area slightly smaller than what is being requested, and the applicant is willing to waive any right to a monument sign. Mr. Suddreth stated no hardship is anticipated as a result of approval of the request, and that staff supports the proposal subject to certain conditions. Council Member Lnenicka recognized a representative of the applicant, and the representative stated the amendment plan as described by Mr. Suddreth is satisfactory. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Lnenicka made a motion to approve Zoning Amendment Request Z09-001, request to change previously approved zoning stipulation for a 1.833 acre tract in Land Lot 692 at 4601 South Cobb Drive for South Cobb Self Storage, LLC as presented. The motion was seconded by Council Member Wood. Council Member Newcomb stated this is not a common type of variance in that it involves a swap of sign square footage, and that he believes this approval in no way relinquishes the governing body's careful stewardship of signage area within the City. Motion was approved 7 - O. PRIVILEGE LICENSE: There were none. - April 6. 2009 2 FORMAL BUSINESS: - (A) Approval of Ordinance R-2009-4 Massage Practitioners Mr. Wright stated State law takes precedence over local regulations governing massage practitioners, and the proposed ordinance would repeal existing regulations to preclude potential conflict. Mr. Wright stated staff recommends approval of the ordinance. Council Member Wood read Ordinance R-2009-4 Massage Practitioners to those present. MOTION: Council Member Wood made a motion to approve Ordinance R-2009-4 concerning massage practitioners. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of March 16,2009 minutes (B) Approval of Edward Byrne Memorial Justice Assistance Grant (JAG) for technology improvements and authorize the Mayor to execute related documents - (C) Approve street closings for 2009 summer concert series on the Village Green on June 13 and July 11, and August 1, 2009 (D) Approve street closings for the Jonquil City Jog and Spring Jonquil Festival April 25-26, 2009 (E) Award RFP 9-022 for the purchase of an F-450 truck to Wade Ford Inc. for $31,279 and authorize Mayor to execute related documents (F) Approval of Resolution and Certification of Funds and Construction Agreement for Smyrna roadway improvements in conjunction with railroad grade crossing warning device between Department of Transportation State of Georgia and City of Smyrna and authorize Mayor to sign and execute related documents (G) Approval to use Council Chambers on May 7, 2009 from 7:00 - 9:00 pm for a Ward 4 Meeting (Smyrna Heights HOA) MOTION: Council Member Pritchett made a motion to approve the consent agenda. Motion was approved 7 - o. COMMITTEE REPORTS: Council Member Pritchett yielded the floor with no report. - April 6. 2009 3 ... Council Member Newcomb yielded the floor with no report. Council Member Anulewicz commented favorably about Backyard Feed and Seed. Council Member McNabb yielded the floor with no report. Council Member Smith provided details to those present concerning the upcoming dedication ceremony of Taylor-Brawner Park. Council Member Lnenicka expressed condolences to the families of Diane Davis and Charyn Darby, both of whom passed away last week. Council Member Lnenicka provided details to those present concerning the recent dedication ceremony of the new American Legion building. Council Member Lnenicka thanked everyone for their support during his wife Robin's illness. Council Member Wood commented favorably about Ms. Davis and Ms. Darby, and stated they will both be missed. Mayor Bacon stated there will be a brief recess. (Clerk's note: Recess commenced at 7:55 p.m. and the public meeting resumed at 8:04 p.m.) Mayor Pro Tern Lnenicka stated Mayor Bacon is not feeling well and has departed the meeting. CITIZENS INPUT: ... Mayor Pro Tern Lnenicka recognized Mr. Alex Backry, and Mr. Backry reminded everyone that a town hall meeting is scheduled for later this month. Mr. Backry stated there is a lesson to be learned from recent difficulties in the banking and finance industry. Mr. Backry expressed concerns about the City's acquisition of the Highlands Apartments property. Mr. Backry stated he has contacted the State Ethics Commission regarding this and was referred to the State attorney general's office. Mr. Backry stated he does not see how the taxpayers will ultimately benefit from this sizeable expenditure. Mr. Backry expressed the view that people are concerned about immediate problems such as unemployment and budget restrictions which will result in reduction of services. Mr. Backry expressed the view that the citizens were not adequately informed about the plan to purchase the Highlands Apartments. Mr. Backry stated he hopes that, inasmuch as City sanitation service has been reduced to one weekly pickup, there will be a corresponding decrease in the service charges. Mr. Backry stated he believes the persons responsible in the matter of the Highlands Apartments should resign. Mr. Backry expressed the view that if anyone has any comments about citizens input then those comments should be made when the speakers are present, and that to do otherwise is cowardly. - Mayor Pro Tern Lnenicka recognized Ms. Donna Woodham, and Ms. Woodham expressed concerns about the budget for operating the City jail. Ms. Woodham stated she believes City inmates could be housed at facilities in neighboring jurisdictions, thereby saving the taxpayers a considerable amount of money. Ms. Woodham expressed concerns about reductions of City services, and stated proof exists that the City jail is superfluous. Ms. Woodham stated taxpayer money is being wasted on the jail, and that such resources could be used to create an ecologically friendly city and for other improvements. April 6. 2009 Mayor Pro Tern Lnenicka recognized Ms. Mary Kirkendoll, and Ms. Kirkendoll provided details to those present concerning unfinished work at Jonquil Plaza and other deficiencies around town which she regards as unsightly. Ms. Kirkendoll expressed the view that there are many areas ofthe City with an unkempt, disorderly appearance. Ms. Kirkendoll stated she believes the City has a lack of businesses, and that the citizens need responsive government to arrive at solutions to ensure the City's survival. Ms. Kirkendoll stated she would join any city officials in efforts to at least make sidewalks more presentable and to create bicycle paths. Ms. Kirkendoll stated she would like to see multipurpose trails to connect the City with other places in the County. Ms. Kirkendoll stated such things are examples of suitable uses for public resources. Ms. Kirkendoll expressed the view that there has been no response form the City government to her input. Ms. Kirkendoll stated she would like to see City officials go door-to-door to help unite the community and find solutions. Ms. Kirkendoll stated the City does not end at the Market Village. Ms. Kirkendoll stated she sees beautification in other communities and asked why such efforts are not undertaken here. Ms. Kirkendoll expressed concerns about proposed construction of a daycare facility at the intersection of South Cobb Drive and Church Street. Ms. Kirkendoll stated she believes such construction would entail destruction of trees. Ms. Kirkendoll stated no construction should be approved in Smyrna which will involve removal of trees. Ms. Kirkendoll stated the City government should be more open. Mayor Pro Tern Lnenicka stated that the city council is not secretive, and that open meeting and open records laws are complied with. Mayor Pro Tern Lnenicka stated the city council's business is conducted properly with the guidance of the city attorney, and that any allegations to the contrary are merely speculative and do not represent any factual findings. Council Member Anulewicz provided details to those present concerning efforts being made to continue expansion of bicycle paths and other multi-use trails in the City. Council Member Anulewicz asked persons interested in such improvements to pay attention to the city council's work because efforts are being made to try to provide what citizens have requested. ADJOURNMENT: With no further business, the meeting was adjourned at 8: 17 p.m. 4 - - - April 6. 2009 "J ... f' - ... 5 ~;jiLaaAO .YiJli SUSAN D. HIOTT, CITY CLERK (7,J J~ RON NEWCOMB, WARD 2 WADE S. LNENICKA, WARD 6 CITY OF SMYRNA GEORGIA ORDINANCE NO. 2009-4 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 22, ARTICLE IV MASSAGE PRACTITIONERS BE AMENDED BY REPEALING THE PREVIOUS BODY OF MASSAGE PRACTITIONERS SEe. 22-141 - SEe. 22-160 IN ITS ENTIRETY AND SUPPLANTING THEM WITH A REVISED VERSION SEe. 22-141. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: ARTICLE IV. MASSAGE PRACTITIONERS* *State law references: Giving massages in places used for lewdness, prostitution, assignation or masturbation for hire, a.c.G.A. S 16-6-17; Georgia Massage Therapy Practice Act, O.C.G.A. S 43-24A-l et seq. . Sec. 22-141. Massage Therapy Practice shall be governed by a.c.G.A. S 43-24A-l et seq. as amended. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. _ The sections, paragraphs, sentences, clauses or phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. ATT~ . By :x/ ~U Susan D. iott City Clerk D.tt~ Approved by Mayor and Council this 6th day of April, 2009. A. Max Bacon, Mayor City of Smyrna Approved as to Form City Attorney ...