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05-18-2009 May 18, 2009May 18, 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, Public Works Director Scott Stokes, Library Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, 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, Human Resources Director Kay Bruner, Intern Monica Jones and representatives of the press. Invocation was given by Pastor George Ganey of Smyrna Presbyterian Church, followed by the pledge to the flag. AGENDA CHANGES: There were none. MAYOR'S REPORT: (A) Proclamation in Recognition of Poppy Day Mayor Bacon recognized Ms. June Burgess and Ms. Sue Johnson, and Council Member Lnenicka read a Proclamation in Recognition of Poppy Day to those present. Ms. Burgess and Ms. ~"""` Johnson thanked the present officials and citizens for their support, and provided additional information regarding Poppy Day and assistance provided to local veterans and active duty personnel. (B) Recognition of Joe Boland Mayor Bacon recognized Messrs. Dale Gaddis, Kehl Arnson and Joe Boland, and Mr. Gaddis provided details to those present concerning Mr. Boland's background and experience as a school principal. Mr. Gaddis commented favorably about Mr. Boland's dedication, professionalism and personal qualities. Mr. Arson provided details to those present concerning his professional association with Mr. Boland and commended him for his many accomplishments. Mr. Arnson presented Mr. Boland with a watch as a token of esteem of his many associates in the school system. Mayor Bacon stated Mr. Boland faced many challenges during his tenure as principal and that a principal must have a strong affinity for his work in order to do it well. Mayor Bacon presented Mr. Boland with a commemorative city street sign and thanked him for his hard work and the positive impact he had on so many. Mr. Boland thanked the City's leadership for their recognition, and commended them for the progress which is evident throughout Smyrna. Mr. Boland stated he enjoyed his career as an educator. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing- Text Amendment to Section 402 of the Zoning Ordinance regarding the definition of a temporary building -City of Smyrna Mr. Wright stated the proposed amendment would clarify what constitutes a temporary structure. May 18, 2009 2 Mr. Suddreth provided additional information concerning the proposed revision. Mr. Suddreth stated staff and the Planning and Zoning Board (PZB) recommend approval of the measure. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Newcomb commended Mr. Suddreth for promptly attending to the composition of this revision. MOTION: Council Member Newcomb made a motion to approve the text amendment to Section 402 of the Zoning Ordinance regarding the definition of a temporary building and temporary portable storage container. The motion was seconded by Council Member Pritchett. Motion was approved 7 - 0. (B) Public Hearing- Text Amendment to Sections 709.7, 711.13, 712.22 and 712.44 of the Zoning Ordinance regarding the outside storage and display of merchandise -City of Smyrna Mr. Wright stated the proposed amendment would make outside storage limitations for certain other approved zoning uses consistent with those now in effect for tire stores. Mr. Wright stated staff recommends approval of this revision. Mr. Suddreth provided additional information concerning the proposed revision. Mr. Suddreth stated staff and the Planning and Zoning Board (PZB) recommend approval of the measure. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. '""" Council Member Newcomb stated PZB has reviewed this proposal and supports approval of it. MOTION: Council Member Newcomb made a motion to approve the text amendment to Sections 709.7, 711.13, 712.22 and 712.44 of the Zoning Ordinance regarding the outside storage and display of merchandise. The motion was seconded by Council Member Pritchett. Motion was approved 7 - 0. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of May 4, 2009 minutes (B) Approval of partial road closure in the vicinity of Hawthorne Circle for a community outreach gathering on May 23, 2009 from 12:00 noon - 3:00 pm (C) Award RFP 9-025 for paving of various streets to C W Matthews Contracting Co Inc based on lowest unit pricing and authorize the Mayor to execute any associated documents May 18, 2009 3 (D) Award RFP 9-026 Green Acres Road Storm Drain Reconstruction to the lowest bidder D and H Construction in the amount of 171,976.55 and authorize the Mayor to execute associated documents (E) Declare as surplus certain vehicles and equipment as no longer needed for use by the City and authorize the sale of these surplus items by the Purchasing Department (F) Approval for Wine and Dine Event in the Market Village Saturday, June 6, 2009 from 1 pm to 5 pm MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Newcomb. Motion was approved 7 - 0. COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. Council Member Lnenicka stated the City's purchasing manager Jack Millet will retire soon. Council Member Lnenicka provided details to those present concerning a certificate of achievement Mr. Millet recently received from a professional purchasing association. Council Member Lnenicka expressed condolences to the family of IT director Chris Addicks, whose father passed away last week. Council Member Lnenicka provided updated information regarding the condition of PZB representative Don Mitchell. Council Member Lnenicka stated Mr. Mitchell remains in hospital and asked those present to keep him in their thoughts and prayers. Council Member Lnenicka reminded those present there will be a Memorial Day ceremony here in the City. Council Member Lnenicka stated his wife Robin has returned home from the hospital and thanked everyone for their concern and support. Council Member Smith recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning the upcoming Memorial Day ceremony. Council Member Smith recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning use statistics as well as current and upcoming programs and events for the City Library. Council Member Smith recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present concerning parks and recreation department projects and events. Council Member McNabb recognized Ms. Kirk, and commented favorably about the garden tour conducted in the City recently. Ms. Kirk thanked the local businesses, individuals and KSB members whose involvement helped make the garden tour possible. Ms. Kirk provided details to those present concerning the Smyrna Fresh Produce Market. Council Member McNabb provided details to those present concerning an upcoming community garage sale. Council Member McNabb stated he is happy to see Mrs. Robin Lnenicka back at home and wished her a speedy recovery. ,,, Council Member McNabb recognized Mr. Stokes, and Mr. Stokes reported on the status of the recycling program and various projects in the City. Mr. Stokes provided details to those present concerning the schedule for sanitation service during the upcoming holiday. May 18, 2009 4 Council Member Anulewicz introduced the City's new human resources director, Ms. Kay Bruner, to those present. Ms. Bruner thanked the present officials for the opportunity to work for the City in which she resides. Council Member Anulewicz commented on code enforcement activities in the City. Council Member Anulewicz commended senior code enforcement officer AI Wiggins and other community development staff for their diligence in dealing with these issues. Council Member Anulewicz provided details to those present concerning an upcoming television segment regarding the City of Smyrna. Council Member Newcomb recognized Mr. Suddreth, who provided details to those present concerning recent building statistics. Council Member Pritchett recognized Ms. Hiott, who provided details to those present concerning recent court services operations. Ms. Hiott stated the King Springs Elementary School voting precinct in Ward 7 is to be eliminated. Ms. Hiott stated this decision was prompted by budgetary considerations and the growing popularity of early voting. Council Member Pritchett commented favorably about the recent garden tour. Mr. Wright stated he is glad to have Ms. Bruner as a member of the City's staff. (Clerk's note -there was a brief recess of the meeting) CITIZENS INPUT: 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 commended the Marietta Daily Journal for impartial reporting. Mr. Backry commented on the recent town hall meeting held in the City. ADJOURNMENT: With no further business, the meeting was adjourned at 8:30 p.m. May 18, 2009 i ~~~ _ ._ .. ~ A. MAX BACON, MAYOR S SAN D. HIOTT, CI Y CLERK ~~ TERI ANULEWICZ , RD 3 ~~ ~ ~ RON NEWCOMB, W 2 c MIC EL Mc BB, V ~RD WADE S. LNENICKA, WARD 6 P CHARLES PETE WOOD, WARD 7 ORDINANCE No. 2009-6 ~.,.. AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION 902, DEFINED WORDS AND TERMS, BE AMENDED BY ADDITION OF DEFINITIONS FOR TEMPORARYBUILDING AND TEMPORARY PORTABLE STORAGE CONTAINER . BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning, Section 402, City of Smyrna, Georgia, be amended by addition of sections to read as follows: Temporary structure: Any building, structure or enclosure not having its exterior walls supported on in-ground permanent foundations or walls. This shall include, but not be limited to any shed, structure, building, portable structure, trailer, tent, temporary portable storage container or enclosure of any kind. Temporary portable storage container: A large portable structure designed or utilized for the temporary storage of commercial or residential goods, that does not contain a foundation or wheels for movement. 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. A. Max Bacon, Attest: Su an D. Hiott, City Clerk City of Smyrna Appr ed as to form: ~... Scott A. Cochran, i y Attorney 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. A. Max Bacon, r Attest: ~ ~. Su an ~. Hiott, City Clerk City of Smyrna Approved as to form: 1 Scott A. Cochran, City Attorn 2