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06-15-2009 June 15, 2009June 15, 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, Assistant Police Chief Michael Brown, Community Relations Director Jennifer Bennett, Parks and Recreation Director Steve Ciaccio, Fire Chief Jason Lanyon, Finance Director David Boyd, Human Resources Director Kay Bruner, Management Fellow Jered Sigmon and representatives of the press. Invocation was given by Pastor Lee Delbridge of Smyrna Christian Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated the privilege license request for CVS will be withdrawn, and the one for Dew's will be tabled to the July 6, 2009 meeting. MAYOR' S REPORT: (A) Recognition of Smyrna Youth Track + Mayor Bacon recognized Mr. Ciaccio, who introduced Coach Patrick Stafford and members of the Smyrna Track Team to those present. Coach Stafford commended the athletes for the manner in which they represent the City at the track meets they participate in, and provided details to those present regarding their accomplishments. Mayor Bacon congratulated Coach Stafford and the athletes and thanked their parents for their support. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing -Acceptance of the Atlanta Regional Commission's findings for the proposed development at 1461 Veterans Memorial Highway for consistency with the Metropolitan River Protection Act- 1461 Veterans Memorial Highway -City of Smyrna Mr. Wright stated the subject property is within 2,000' of the Chattahoochee River, and the Metropolitan River Protection Act (MRPA) requires the Atlanta Regional Commission (ATC) to adopt a plan to protect the body of water and review development plans in the Chattahoochee River Corridor (CRC) for consistency with the plan. Mr. Wright stated review by ARC indicates the proposed project is consistent with the CRC plan. Mr. Wright stated staff recommends acceptance of the ARC findings in this matter. Mr. Suddreth provided additional details to those present concerning the subject property and the review by ARC. Council Member Wood recognized Mr. Garvis Sams, an attorney representing Racetrac Petroleum (RP), and Mr. Sams provided additional details to those present concerning the ARC review process. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. June 15, 2009 2 MOTION: Council Member Wood made a motion to approve acceptance of the Atlanta Regional Commission's findings for the proposed development at 1461 Veterans Memorial Highway for consistency with the Metropolitan River Protection Act. The motion was seconded by Council Member Smith. Motion was approved 7 - 0. (B) Public Hearing -Zoning Amendment Request Z09-003 -Amendment to several zoning stipulations - 2144 South Cobb Drive - 1.66 acre tract -Land Lot 301 -Imagine Schools, Inc. Mr. Wright stated some minor changes to previously approved stipulations are needed at the subject location. Mr. Wright stated staff recommends approval of the revisions subject to a number of conditions. Mr. Suddreth provided additional details to those present concerning the requested changes. Council Member McNabb asked if the exterior renovation guidelines affect all four sides of the subject building or only the front. Mr. Suddreth stated the requirements affect the elevations as they were originally presented, which were for the front of the structure. Council Member Smith recognized Mr. Garvis Sams, an attorney representing the applicant, and Mr. Sams provided additional details to those present concerning the requested zoning amend- ment. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Smith recognized Mr. Bart Lester, and Mr. Lester stated diligent efforts are being made to complete this project. Mr. Lester provided details to those present concerning the impact the adverse economic climate has had on the realization of this plan. Mr. Lester stated he would like to see the stipulations include language to the effect that the reversion scheduled for 2012 would be conditioned on the second floor of the structure being in use. Mr. Suddreth stated additional language could be added to the stipulations. Mr. Suddreth stated that when a deadline is included in a stipulation it is done in good faith and based on the best information available at the time of composition. Mr. Suddreth stated the applicant can return at a future time and request that the stipulations be revised again. MOTION: Council Member Smith made a motion to approve to approve Zoning Amendment Request Z09-003 for amendment to zoning stipulations at 2144 South Cobb Drive fora 1.66 acre tract in Land Lot 301 for Imagine Schools, Inc. subject to the following conditions: 1. Staff Stipulation #7 and Stipulation #4 from the November 5, 2008 letter shall be replaced with the following stipulation: • The applicant shall be bound to the elevations submitted and dated 8/25/08 in the original rezoning application. However, until August 1, 2012 the applicant shall be allowed to utilize the existing exterior facade with minor modifications. By August 1, 2012, the exterior elevation must be brought in to substantial compliance with the elevations submitted and dated 8/25/08 in the original rezoning application. Approval of any change to the elevations must be obtained from the Director of Community Development. June 15,2009 2. Stipulation #8 from the November 5, 2008 letter shall be removed (or struck) from the stipulations and conditions approved for the rezoning of the property. The motion was seconded by Council Member Wood. Council Member McNabb stated this evening those present heard a brief summary of a lengthy public-private partnership which is a good example of such a partnership which has worked. Council Member McNabb stated that in 2012 he believes that, if the second floor of the school is not in use, the city council will be reasonable enough to grant any needed extension. Motion was approved 7 - 0. PRIVILEGE LICENSE: (A) Public Hearing -privilege license request -retail package sales of beer and wine -CVS Pharmacy #2183 - 485 Concord Road - Paula P. Johnson, applicant Mayor Bacon stated this application has been withdrawn at the request of CVS. (B) Public Hearing -privilege license request-retail pouring of beer, wine, and liquor-Dew's- 2300 South Cobb Drive-Christopher Weldon applicant MOTION: Council Member Smith made a motion to table privilege license request for retail pouring of beer, wine, and liquor for Dew's at 2300 South Cobb Drive for Christopher Weldon, applicant to the July 6, 2009 meeting. The motion was seconded by Council Member Wood. Motion to table was approved 7 - 0. FORMAL BUSINESS: (A) Adoption of Georgia Environmental Protection Division rules for outdoor water use Mr. Wright stated the EPD recently determined there is no longer a drought in the State, and that rules for outdoor water use have been correspondingly revised. Mr. Wright stated the City will adopt these revised rules to comply with State guidelines. Mr. Wright stated staff recommends adoption of these up-to-date rules. MOTION: Council Member Wood made a motion to approve adoption of the current Georgia Environmental Protection Division non-drought rules for outdoor water use. The motion was seconded by Council Member Newcomb. Council Member Lnenicka stated signs in the City advertising level 4 water use restrictions will be removed if this measure is approved and updated rules may be posted on the City website. Council Member Anulewicz reminded everyone to continue to be judicious in the use of water resources. Motion was approved 7 - 0. (B) Appointment of Ward 6 Representative to the Planning and Zoning Board Council Member Lnenicka expressed appreciation to the late Don Mitchell and his family for Mr. Mitchell's many years of dedicated service on the Planning and Zoning Board. MOTION: Council Member Lnenicka made a motion to appoint Tom Woodward as the Ward 6 representative to the Planning and Zoning Board to complete the unexpired term ending December 31, 2009. The motion was seconded by Council Member Wood. Motion was approved 7 - 0. June 15, 2009 4 (C) Public Hearing -Approval of fiscal year 2010 budget Mr. Wright provided details to those present concerning the proposed fiscal year 2010 City budget. Mr. Wright stated staff recommends approval of the budget as presented. Council Member Wood stated a public hearing on the proposed budget was held on June 1, 2009 at City Hall. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve the fiscal year 2010 budget for the City of Smyrna as presented. The motion was seconded by Council Member Smith. Mayor Bacon commented on the effects of current economic conditions on the City's finances. Council Member Lnenicka commented on the responsibility of City officials to use taxpayer resources wisely, and stated staff has met the challenges posed by the economy. Council Member Smith commented favorably about the City's management staff and their efforts to craft a balanced budget under difficult conditions. Council Member McNabb stated increases in property taxes have been minimal and based on the County's assessments. Council Member McNabb stated a revision of assessments could necessitate a budget revision. Council Member McNabb commended the City's staff for their realistic approach to creating a budget. Council Member Newcomb thanked his constituents for their patience during the budget process. Council Member Newcomb stated the City's millage rate has either remained the same or has been lowered for many years. Council Member Newcomb stated he is proud of the fact that quality services are provided with sustainable tax levels. Motion was approved 7 - 0. (D) Reappointment of Ward 5 Representative to the Smyrna Housing Authority MOTION: Council Member Smith made a motion to reappoint Martha James to another four- year term as the Ward 5 representative to the Smyrna Housing Authority to expire in May of 2013. The motion was seconded by Council Member Wood. Motion was approved 7 - 0. (E) Resolution giving authorization to acquire property located within Land Lot 447, 17th District, 2"d Section, Cobb County, Georgia for transportation purposes as shown on attached map Mr. Wright stated the subject property will be used as aright-of--way (ROW) for a connector street between Atlanta Road and Ward Street to relieve traffic at the intersection of Windy Hill Road and Atlanta Road. Mr. Wright stated staff recommends approval of this measure. MOTION: Council Member Anulewicz made a motion to approve Resolution ~iving authorization to acquire property located within Land Lot 447, 17th District, 2" Section, Cobb County, Georgia for transportation purposes as shown on attached map. The motion was seconded by Council Member McNabb. At Council Member Smith's request, Mr. Wright provided a brief description of the subject tract. Motion was approved 6 - 1, with Council Member Newcomb in opposition. COMMERCIAL BUILDING PERMITS: There were none. June 15, 2009 CONSENT AGENDA: (A) Approval of June 1, 2009 minutes (B) Approval of Privacy Policy for the group health plans of the City of Smyrna and its affiliated entities (C) Approve an Easement and Underground Distribution Line Agreement with Georgia Power for the purpose of installing and maintaining electrical apparatus in Jonquil Park and. authorize the Mayor to execute related documents (D) Approval of College Colors Festival 2009 -Saturday, August 29, 2009, 12p.m. - 11 p.m. (E) Approval for the submittal of an application to in the 2009 Energy Efficiency and Conservation Block Grant Program (F) Public Works requests approval to replace approximately 10,000 LF of various size sanitary sewer outfall line from Ward Street to Church Road at the Nickajack Creek basin (G) Adopt Resolution approving waiver and forfeiture of scheduled compensation increases for elected officials (H) Approval for Taste of Smyrna 2009 event in the downtown on Saturday, September 19, 2009 MOTION: Council Member Lnenicka made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 7 - 0. COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. Council Member Lnenicka stated neither Chief Lanyon nor Assistant Chief Brown has a report this evening, and yielded the floor with no report. Council Member Smith recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning a library internship program as well as current and upcoming programs at the City Library. Council Member Smith recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning current and upcoming City events and activities. Ms. Bennett thanked a neighbor of hers for recently helping her with lawn and pet care, and commented favorably about the caring atmosphere found in this community. Council Member Smith recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present concerning the City's recreation programs and other services for senior adults. Council Member Smith expressed condolences to Don Mitchell's family, and stated he was a valued member of the community who will be missed. June 15,2009 Council Member McNabb recognized Ms. Kirk, who provided details to those present concerning the fresh produce market in the downtown area. Ms. Kirk thanked First Baptist Church and staff for their cooperation with this project. Ms. Kirk stated the market and the Recycling Center will be closed on the 4th of July. Council Member McNabb recognized Mr. Stokes, and Mr. Stokes provided details to those present concerning the sanitation schedule for the upcoming holiday. Mr. Stokes provided a status report on various projects. Council Member McNabb thanked Ms. Bennett for reminding everyone that being a good neighbor is an important part of a community. Council Member Anulewicz recognized Ms. Bruner, who provided details to those present concerning positions for which the City is recruiting. Council Member Anulewicz encouraged everyone to be judicious in their use of water, and thanked Ms. Kirk and others for their work on the fresh produce market. 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. Council Member Pritchett commented favorably about the recent concert, and thanked Ms. Bennett for a job well done. Council Member Pritchett provided details to those present concerning optimum water use hours. Mr. Wright stated he was gratified to learn that five demolition permits were recently issued for the Belmont Hills property. (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 Highlands Apartments, broadcasting of citizens input, and other actions of the City government. ADJOURNMENT: With no further business, the meeting was adjourned at 9:07 p.m. June 15, 2009 A. MAX BACON, MAYOR w TT, WARD 1 TERI ANULEWICZ , RD 3 ~~~ ~rc.~i/ L=~C.b-o~x CHARLES PETE WOOD, WARD 7 ~-.-~ - , SUSAN . HIOTT, CITY CLERK ~ ~~~ RON NEWCOMB, WARD 2 MICHAEL McNABB, WARD 4 1 .. WADE S. LNENICKA, WARD 6 7 Resolution No. 82009 - 5 Whereas: Adverse economic conditions, unprecedented in recent times, have plagued the entire country including the City of Smyrna, and: Whereas: These conditions have necessitated budgetary constraints. Therefore: The Mayor and Council Members individually agree and collectively resolve to waive and forfeit.any compensation increase scheduled to occur during the duration of the fiscal year 2010. o agreed and resolved this 15`x' day of June, 2009 .~ A. MAX BACON, MAYOR Attest: •l ,~,~ _ .~_ SU AN D. HIOTT, CITY CLERK <~ ME E T HETT, WARD 1 TERI ANULEWI ARD 3 ---~1 ~ o..r ,,.,,/,/~ RON NEWCOMB, WARD 2 ~~~ ~~ ~~ CHARLES PETE WOOD, WARD 7