04-20-2009 April 20, 2009
April 20, 2009
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The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was caUed 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, City Attorney Scott Cochran, Public
Works Director Scott Stokes, Library Director Michael Seigler, Keep Smyrna Beautiful Assistant
Director Virginia Davis, Community Development Director Ken Suddreth, Police Chief Stan
Hook, Community Relations Director Jennifer Bennett, Parks and Recreation Director Steve
Ciaccio, Fire Chief Jason Lanyon, Finance Director David Boyd, Intern Monica Jones and
representatives ofthe press.
Invocation was given by Pastor Shell Osbon from Smyrna Assembly of God, followed by the
pledge to the flag.
AGENDA CHANGES:
There were none.
MAYOR'S REPORT:
(A) Presentation of Character Education Word for Griffin Middle School
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Mayor Bacon recognized Dr. English, who introduced students from Griffin Middle School to
those present. The students presented this month's character education program.
(B) Proclamation in Recognition of Whitefield Academy Boys Basketball Team in Winning
the GHSA State Championship Title
Mayor Bacon recognized coaches and players from the Whitefield Academy boys basketball
team. The coaches provided details to those present concerning the boys' hard work, dedication
and successes. Mayor Bacon stated he is very proud of Whitfield Academy. Council Member
Wood read a Proclamation in Recognition of Whitfield Academy to those present.
(C) Proclamation in Recognition of Respect for Law
Mayor Bacon recognized Ms. Betty Pollard, and Council Member Lnenicka read a Proclamation
in Recognition of Respect for Law to those present. The Proclamation was presented to Ms.
Pollard, who thanked the present officials on behalf of the Smyrna Optimist Club for their
support. Ms. Pollard invited everyone to join the Optimists on May 1 to show appreciation to the
community's public safety personnel.
LAND ISSUES/ZONINGS/ ANNEXATIONS:
(A) Public Hearing - Text Amendment to Section 712.5 ofthe Zoning Ordinance as it
pertains to the outside storage of tires - City of Smyrna
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Mr. Wright stated the purpose of the amendment is to strengthen restrictions on outside storage of
tires. Mr. Wright stated staff and the Planning and Zoning Board (PZB) have recommended
approval of the revision.
April 20, 2009
Mr. Suddreth provided additional information concerning the proposed revision. Mr. Suddreth
stated excessive outside storage of tires can be a fire hazard as well as a nuisance. Mr. Suddreth
stated tires stored outdoors can pose a health hazard by providing a habitat for mosquitoes.
Mayor Bacon 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
712.5 of the Zoning Ordinance as it pertains to the outside storage of tires. The motion was
seconded by Council Member Pritchett. Motion was approved 7 - o.
FORMAL BUSINESS:
(A) Appointment of Independent Auditor
Mr. Wright stated the firm of Moore and Cubbedge has reviewed the City's financial statements
for the past five years and has offered to extend their service contract for two years with
additional options for fiscal years 2011 and 2012.
MOTION: Council Member Wood made a motion to appoint Moore and Cubbedge, LLP as the
City's independent auditor for fiscal years 2009 and 2010. The motion was approved 7 - O.
(B) FY 2009 Budget Amendment #2
Mr. Wright stated general fund revenues have fa1\en below expectations during the present fiscal
year. Mr. Wright stated efforts have been made recently to reduce expenses and 1.38 million
dollars of cuts have been identified and will be incorporated in the proposed amendment. Mr.
Wright stated the budget cuts are not expected to affect essential City services and staff
recommends approval of the budget amendment.
MOTION: Council Member Wood made a motion to approve FY 2009 Budget Amendment #2.
The motion was seconded by Council Member Smith. Motion was approved 7 - O.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of April 6,2009 minutes
(B) Approval for the submittal of an application to participate in the 2009 Urban and
Community Forestry Grant Program
(C) Approval for 92.9 DAVE FM Radio Acoustic Sunset two-part concert series (spring and
fa1\) from 4 p.m. to 8 p.m. Sunday evenings: Spring - Sundays April 19 - May 24, 2009;
Fall- Sundays in September and October 2009 (dates pending) and approval of related
street closings
(D)
Approval to use Council Chambers on April 23, 2009 from 6:30-8:30 pm for a Ward 4/6
Neighborhood Meeting -Forest Hills Preservation Group
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April 20, 2009
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(E)
Approval to use Council Chambers on April 28, 2009 from 7:00-9:00 pm for a Ward 3
meeting Williams Park Neighbors HOA
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(F) Approve name change for 2525 Ward Street from Belmont Commons to Smyrna
Commons
(G) Approval of resolution R-2009-4 to extend Telecommunications Franchise to Level 3
Communications
MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member McNabb. Motion was approved 7 - O.
COMMITTEE REPORTS:
Council Member Pritchett recognized Ms. Hiott, who provided details to those present concerning
recent court services operations. Council Member Pritchett commented favorably about the
renovated Brawner facility.
Council Member Newcomb recognized Mr. Suddreth, who provided details to those present
concerning recent building statistics. Council Member Newcomb expressed enthusiasm for the
overall appearance and appeal of the Brawner property since it was restored.
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Council Member Anulewicz recommended the Brawner facility as a venue to anyone interested
in having a memorable party, reception of other function. Council Member Anulewicz invited
everyone to join her for the Jonquil City Jog this Saturday.
Council Member McNabb recognized Ms. Davis, and Ms. Davis provided details to those present
concerning recent and upcoming beautification activities in the City.
Council Member McNabb recognized Mr. Stokes, who had no report.
Council Member Smith recognized Ms. Bennett, and Ms. Bennett provided details to those
present concerning the Jonquil Festival and Jonquil City Jog scheduled for April 25. Ms. Bennett
provided details regarding other 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.
Council Member Smith recognized Mr. Ciaccio, and Mr. Ciaccio thanked everyone for their
compliments on the Taylor-Brawner property. Mr. Ciaccio provided details to those present
concerning parks and recreation department projects and events.
Council Member Lnenicka provided details to those present concerning various upcoming
neighborhood meetings. Council Member Lnenicka thanked the citizens of Smyrna for their
support during the long process of restoring the Taylor-Brawner property.
Council Member Wood commented favorably about the newly-restored Taylor-Brawner facility.
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Mayor Bacon thanked Mike Terry for his efforts to help make the Taylor-Brawner restoration
possible.
April 20, 2009
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(Clerk's note - there was a brief recess of the meeting)
CITIZENS INPUT:
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Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry
provided details to those present concerning the televising of the citizens input portion of the
agenda and town hall meetings.
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:35 p.m.
A.MAXBACON,MAYOR
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SUSAN D. HIOTT, CITY CLERK
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CHARLES PETE WOOD, WARD 7
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RON NEWCOMB, WARD 2
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MICHA L McNABB, WAR 4
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WADE S. LNENICKA, WARD 6
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Resolution Number R2009-4
Resolution Extending the Telecommunications Franchise Between the City OF Smyrna and Level 3
Communications
Whereas, the City of Smyrna ("City") entered into a Franchise Agreement with Level 3 Communications,
effective as of March 202000, to occupy and use the streets within the corporate limits of the City to
provide services through a telecommunications system (the "Franchise"); and
Whereas, on December 2, 2008, Level 3 Communications. ("Grantee") requested extending of the
terms of the Franchise through March 20, 2012;
Now, Therefore, Be It Resolved that the City does hereby accept the Grantee's request to extend the
terms and conditions of the Franchise to now expire on March 20, 2012.
In Witness Thereof" the City, by its Mayor, thereunto duly authorized by the City Council of the City of
Smyrna, has caused the corporate name of said City to be hereunto signed and the corporate seal of
said City to be hereunto affixed and the Grantee, the party of the second part, by its officers thereunto
duly authorized, has caused its name to be hereunto signed and its seal to be hereunto affixed.
This Resolution shall become effective immediately upon execution by the City and the Grantee.
So Resolved, this 20th day of April, 2009.
(Seal)
Attest: S,i. H' tt C't Cl k "
, U:l n \0, I Y er CfI\--- J
Agreed to and accepted this ~ day of ~ ' 2009
LEVEL 3 COMMUNICATIONS
By
Stephaney Baker:
Senior Manager
NIS Contract Administration
(Seal)
Attest:
ORDINANCE No. 2009-5
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION
712, GC, GENERAL COMMERCIAL DISTRICT, CITY OF SMYRNA,
GEORGIA, BE AMENDED BY REVISING SAID SECTION TO INCLUDE
PROVISIONS TO RESTRICT THE OUTSIDE STORAGE OF TIRES. BE
IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That Appendix A, Zoning, Section 712.5, City of Smyrna, Georgia, be
amended by addition of a section to read as follows:
"Section 712.5 Automobile parts and tire stores, both retail and wholesale. The storage or display
of tires associated with either one these uses shall meet the following requirements:
(1) Except as specifically allowed herein, there shall be no outside storage or display of tires;
(2) Tires shall not be stored in a temporary building. Excluding normal day to day deliveries,
tires shall not be stored in delivery trucks or semi-trailers;
(3) Inside storage or display of tires sha1\ not exceed forty-five percent (45%) of the gross
floor area of the building;
(4) Outside display of tires shall only be permitted as follows:
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a. All tires must be brought inside no later than one hour after the business closes for
the day;
b. The display of tires shall be within a display area enclosed on three sides by a wall
no less than six feet (6') in height, or under a building overhang/canopy, or located
no greater than five feet from the exterior building wall; and
c. Displays shall not obstruct ingress or egress of the building.
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.
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ORDINANCE No. 2009-5
Approved by Mayor and Council this 20th day of April, 2009.
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Attest:
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A. Max Bacon, Mayor
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S san Ii:lliott, Ci~
City of Smyrna
Approved as to form:
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Sco A. Cochran, City At~
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