05-04-2009 May 4, 2009MaX 4, 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
Scott Cochran and representatives of the press.
Invocation was given by Pastor Mike Smith from Smyrna Christian Church, followed by the pledge to the
flag.
AGENDA CHANGES:
There were none.
MAYOR'S REPORT:
(A) Taylor-Brawner House Board of Directors -Ceremonial Return of the House to the City
Mayor Bacon recognized Mr. Mike Terry and Mrs. Lillie Wood, and Mr. Terry stated the restoration of
the Taylor-Brawner House has been completed and operation of the facility is now turned over to the
City. Mr. Terry thanked the present officials and numerous staff members for their support during this
process. Mr. Terry stated over $430,000 of private donations was raised for the restoration. Mr. Terry
thanked everyone who helped make this welcome addition to the City possible. Mr. Terry introduced
Taylor-Brawner House Foundation volunteers Sandi Sands, Cathy Hatcher, Ed Whittington, Randy
Jordan, Mickey Higgins, Mary Annie Johnson, Barbara Kincaid, Jerry Brooks, Norma McCann, Jackie
Landers, Gale Rudell, Susan Drinnon and Lillie Wood to those present and commended them for their
efforts on behalf of the community. Mrs. Wood thanked the city council members and the Taylor-
Brawner House Foundation volunteers for all of their support throughout this worthwhile endeavor. Mrs.
Wood presented the key to the Taylor-Brawner House to Mayor Bacon. Mayor Bacon stated he hopes the
Taylor-Brawner House will remain in its present state of beauty well into the future. Council Member
McNabb commended the Taylor-Brawner House Foundation volunteers for their leadership. Council
Member McNabb stated the Taylor-Brawner House Foundation is an example of a successful public-
private partnership. Council Member Newcomb stated the Taylor-Brawner House has undergone an
amazing transformation due in large measure to Mrs. Wood's determination.
LAND ISSUES/ZONINGS/ANNEXATIONS:
There were none.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
(A) Approval of building permit and fee schedule
Mr. Wright stated staff has reviewed development fees charged by the City and has recommended an
amended schedule of fees.
May 4, 2009
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Mr. Suddreth provided additional information to those present concerning the fee and permit changes.
MOTION: Council Member Newcomb made a motion to approve the amended 2009 development permit
and fee schedule as formulated by staff to become effective immediately. The motion was seconded by
Council Member Pritchett. Motion was approved 7 - 0.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of April 20, 2009 minutes
(B) Acceptance of donation of property on Derby Lane, Land Lot 333, Parcel 58, 17th District, Cobb
County, Georgia
(C) Approve an agreement with Cork Howard Construction Company regarding expense
consolidation and authorize the mayor to execute such agreement
(D) Approval of road closing for a neighborhood gathering on Terrace Court on Saturday, May 23,
2009 from 7 pm to 11 pm
(E) Approval of data transfer agreement between the City, Strategic Benefits Solutions and
Community Health Network and authorize the mayor to execute the contract
(F) Authorization to create Smyrna Education Foundation
(G) Authorization to create Smyrna Public Safety Foundation
(H) Approve amendment to Ground Lease Agreement with Verizon Wireless for a communications
tower at the Public Works Facility and authorize the mayor to execute related documents
MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was
seconded by Council Member Smith. Motion was approved 7 - 0.
COMMITTEE REPORTS:
Council Member Pritchett commented favorably about the Emory Adventist Hospital in Smyrna and
provided details to those present about a neighbor's recent positive experience at that facility.
Council Member Newcomb yielded the floor with no report.
Council Member Anulewicz stated she believes it is auspicious for the city council to authorize creation
of the Smyrna Education Foundation at a time which coincides with the Mayor's Education Awards
ceremony. Council Member Anulewicz provided details to those present concerning the planned Smyrna
Produce Market and expressed strong support for the many benefits of buying locally produced food.
Mai 4, 2009
Council Member Anulewicz provided details to those present concerning an upcoming community yard
sale.
Council Member McNabb thanked Council Member Lnenicka for attending a recent meeting of the
Smyrna Optimist Club to read and present the Mayor's Proclamation in recognition of Respect for Law
Day.
Council Member Smith yielded the floor with no report.
Council Member Lnenicka stated Mr. Don Mitchell has been in hospital recently and expressed hopes for
his fast recovery. Council Member Lnenicka commented favorably about Mr. Mitchell's service as Ward
6 representative to the Planning and Zoning Board. Council Member Lnenicka provided details to those
present concerning the upcoming Memorial Day ceremony here in Smyrna and invited everyone to
attend.
Council Member Wood yielded the floor with no report
Mayor Bacon stated there will be a brief recess.
CITIZENS INPUT:
Mayor Bacon recognized Ms. Joyce Reagin, residing at 3833 Cloudland Drive, and Ms. Reagin provi e
details to those present concerning an incident during which she received emergency medical service
from the City fire department. Ms. Reagin commended the members of the City fire department for their
professionalism and courtesy. Ms. Reagin commented favorably about the town hall meeting recently
conducted by the City's leadership and described the meeting as informative and helpful.
Mayor Bacon congratulated this evening's recipients of the Mayor's Education Awards.
ADJOURNMENT:
With no further business, the meeting was adjourned at 7:58 p.m.
May 4, 2009
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A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK
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TERI ANULEWI , WARD,~'~
RON NEWCOMB, WARD 2
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MICHA McNABB, WAR 4
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WADE S. LNENICKA, WARD 6
CHARLES PETE WOOD, WARD 7
ORDINANCE No. 2009-7
„~. AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING,
SECTIONS 709, 711 AND 712 CITY OF SMYRNA, GEORGIA, BE
AMENDED REGARDING THE OUTSIDE STORAGE AND DISPLAY OF
MERCHANDISE. 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 revision of these sections to read as follows:
Sec 709.7 Limited retail sales. The following uses area permitted provided the limited retail sales
establishment does not exceed 1,200 square feet of floor area and the outside display, storage or
sale of merchandise is limited to an area which is; 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.
(1) Arts and crafts shops.
(2) Antique shops.
(3) Gift shops.
(4) Bridal shops.
(5) Boutique shops.
Sec 711.13 Retail establishments, including art, antique, apparel, appliance, book, camera,
clothing department, drug, fabric, florist, food, furniture, garden supply, general merchandise,
~"~' hardware, hobby, jewelry, music, notion, photographic supply, shoe, sporting goods, stationery
and toy stores, but not excluding similar retail establishments. The size of any retail establishment
shall be limited to 5,000 square feet of floor area. Any manufacturing incidental to the retail
business or service shall be limited to occupying 20 percent or less of the total floor area. The
outside display, storage or sale of merchandise shall be limited to an area which is; 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.
Sec 712.22 Lumber, hardware and other building material establishments, provided that the
outside display, storage or sale of merchandise shall be limited to an area which is; 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.
Sec 712.44 Retail uses, provided that the making of products sold at retail on the premises is
incidental to the retail business and does not occupy more than 30 percent of the total floor area
of the establishment and the outside display, storage or sale of merchandise shall be limited to an
area which is; 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.
ORDINANCE No. 2009-7
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 18th day of May, 2009.
Attest:
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Su an ~. Hiott, City Clerk
City of Smyrna
Approved as to form:
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Scott A. Cochran, City Attorn -
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A. Max Bacon, r
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