10-18-2010 October 18, 2010October 18, 2010
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 except Council Member Smith and Wood. Also present were City
Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott Cochran, Assistant City
Administrator Tammi Saddler, Community Development Director Ken Suddreth, Economic
Development Coordinator Jered Sigmon, Assistant Public Works Director Frank Martin, Parks &
Recreation Director Steve Ciaccio, Community Relations Director Jennifer Bennett, Director of
Human Resources Kay Bolick, Director of Library Michael Seigler, Keep Smyrna Beautiful
Director Ann Kirk, Chief of Police Stan Hook, Chief of Fire Jason Lanyon, and Director of
finance David Boyd.
Invocation was given by Reverend Steve Davis from Sharon Baptist Church, followed by the
pledge to the flag.
AGENDA CHANGES:
Mayor Bacon announced that changes to the agenda include Land Issues/Zonings/Annexations to
all be tabled. Also, there is a change in the Consent Agenda that the Public Information Meeting
on Hickory Lake Apartments has been changed to a date to be determined. He explained we
currently do not have all the information. Once we have the new date we will let the public
know.
MAYOR' S REPORT:
(A) Proclamation in Recognition of National Friends of the Libraries Week.
Council Member McNabb stated that Council Member Smith, chair of the Library Committee
could not be present to read the proclamation due to traveling on business. Council Member
McNabb read the Proclamation in Recognition of National I'rierzds of the Libraries Week to
those present. President of the Friends of the Library, Ms. Silbert talked about the organization,
what they do, and how to get involved.
(B) Recognition of Smyrna Soccer Club for supplying netting for Jonquil Park
Mr. Ciaccio recognized the past and present officers of Smyrna Soccer Club. The President of
Smyrna Soccer Club, Dan Curriden said a few words of appreciation and presented a check in
the amount of $16,700 to the Mayor and Council for goal netting for the Soccer Fields at Jonquil
Park.
Mayor Bacon recognized Ms. Beth Pollard, who provided details to those present concerning her
candidacy for State Senate for South Cobb County.
October 18.2010
Mayor Bacon recognized Ms. Marsha Lake, who provided details to those present concerning
her candidacy for Cobb County State Court Judge.
Mayor Bacon recognized Ms. Stacey Evans, who provided details to those present concerning
her candidacy for State House District 40.
Mayor Bacon recognized Ms. Normarene Merritt, who provided details to those present
concerning her candidacy for Cobb Superior Court Judge.
Mayor Bacon recognized Ms. Maryline Blackburn, who provided details to those present
concerning her candidacy for 34th District seat of the House of Representatives.
LAND ISSUES/ZONINGS/ANNEXATIONS:
(A) Public Hearing (no vote at this time) -Rezoning Request Z10-013 -From RM-12 (Cobb
County) to RM-12 (Smyrna) - 20.587 Acre tract -Land lot 663 -Roswell Street and
Davie Circle -Regency Square Apartments, LLC and Virginia C. West, LLC (RN) To be
tabled until January 18, 2011
MOTION: Council Member Newcomb made a motion to table Rezoning Request Z10-013 -
From RM-12 (Cobb County) to RM-12 (Smyrna) - 20.587 Acre tract -Land lot 663 -Roswell
Street and Davie Circle -Regency Square Apartments, LLC and Virginia C. West, LLC until
January 18, 2011. The motion was seconded by Council Member Pritchett. Motion approved
5 -0. Mayor Bacon made everyone aware that Council Members Smith and Wood were out of
town.
(B) Annexation request (100% of owners requesting annexation) -Land Lot 663, Parcels 3
and 4 17th District, 2nd Section, Cobb County - 20.587 acre tract -Roswell Street
(Regency Square Apartments) (RN) To be tabled until January 18, 2011
MOTION: Council Member Newcomb made a motion to table Land Lot 663, Parcels 3 and 4
17th District, 2nd Section, Cobb County - 20.587 acre tract -Roswell Street (Regency Square
Apartments) until January 18, 2011. The motion was seconded by Council Member Pritchett.
Motion approved 5 -0.
(C) Final vote -Rezoning Request Z 10-013 -From RM-12 (Cobb County) to RM-12
(Smyrna) - 20.587 Acre tract -Land lot 663 -Roswell Street and Davie Circle -Regency
Square Apartments, LLC and Virginia C. West, LLC (RN) To be tabled until January 18,
2011
MOTION: Council Member Newcomb made a motion to table rezoning Request Z10-013 -
From RM-12 (Cobb County) to RM-12 (Smyrna) - 20.587 Acre tract -Land lot 663 -Roswell
Street and Davie Circle -Regency Square Apartments, LLC and Virginia C. West, LLC until
January 18, 2011. The motion was seconded by Council Member Pritchett. Motion approved
5 -0.
October 18, 2010
(D) Public Hearing -Zoning Amendment Request Z10-015 -Modification of previously
approved site plan, building elevations and zoning stipulations - 5.64 acre tract -Land
Lot 446 -Intersection of Turner Drive and Belmont Circle -Northwest Intown
Development, LLC (JS) To be tabled until November 1, 2010
MOTION: Council Member McNabb made a motion to table Zoning Amendment Request Z10-
O 15 -Modification of previously approved site plan, building elevations and zoning stipulations -
5.64 acre tract -Land Lot 446 -Intersection of Turner Drive and Belmont Circle -Northwest
Intown Development, LLC until November 1, 2010. The motion was seconded by Council
Member Newcomb. Motion approved 5-0.
PRIVILEGE LICENSE:
'There were none.
FORMAL BUSINESS:
There were none.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of October 4, 2010 minutes
(B) 2011 CHN Wellness Program Renewal
(C) Approval of Swap Time Policy
(D) Approval to use council chambers on October 26, 2010 from 7:00-9:00 pm for a
Williams Park HOA Meeting.
(E) Approval to use Council Chambers on Wednesday, November 3, 2010 from 6:00 -8:00
pm for a Public Meeting in conjunction with Cobb County regarding the 2011 SPLOST.
(F) Bid Award RFQ 11 004 Tecumseh Trail Storm Drain Reconstruction Award RFQ 11 004
Tecumseh Trail Storm Drain Reconstruction to the lowest bidder D & H Construction
Company in the amount of $58,798.00 and authorize the Mayor to execute any associated
documents
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October 18, 2010
(G) Bid Award RFQ 11 005 City Wide Road Striping Award RFQ 11.005 City Wide Road
Striping to Peek Pavement Marking as a unit price contract and authorize the Mayor to
execute any associated documents
MOTION: Council Member Lnenicka made a motion to approve the consent agenda. The motion
was seconded by Council Member McNabb. Motion was approved 5 - 0.
COMMITTEE REPORTS:
Council Member Pritchett recognized Ms. Hiott, who provided information concerning recent
court services operations. Council Member Pritchett also mentioned early voting is still going
on. Contact the Clerk's office or Cobb County Elections office 770/528-2300. Council Member
Pritchett urged everyone to vote on November 2, 2010 as it is a privilege.
Council Member Newcomb recognized Mr. Suddreth, who provided information on permits for
the month of September.
Council Member Anulewicz recognized Ms. Bolick, who provided information on the Civil
Service Board members who were sworn in earlier this evening (Sandra Towe, George Davis
and John Davis). Ms. Bolick also talked about the 1 S` Annual Kickball Tournament put on by
Nickajack Elementary Foundation and CHN sponsored the City.
Council Member McNabb recognized Mr. Martin, representing Mr. Stokes who was out of town.
Mr. Martin provided information concerning recent public works projects.
Council Member McNabb recognized Ms. Kirk, who provided details on the Adopt a Mile
Program this past weekend. She noted Jonquils are available at $12 for a bag of 50, but there is
no multiple bag break this year. All the plots for the community garden are leased and we are
taking reservations for Phase 2. She recently received notification from Keep America Beautiful
that our programs were named #1 in America for population of 50,000 or less.
Council Member McNabb, in Council Member Smith's absence, recognized Ms. Bennett. She
reported a busy weekend is coming up with the Jonquil Festival Saturday and Sunday with a
record number of 175 vendors participating.
Council Member McNabb recognized Mr. Ciaccio who reported that Burger Park will be closed
for maintenance until November 2, at that time Lake Park will close for maintenance. He
reported that on Friday night we had our pilot movie night at Brawner Amphitheatre, which
turned out a good crowd and was a beautiful night.
Council Member McNabb recognized Michael Seigler, who provided details to those present
concerning use statistics, programs and events at the City Library. Friends of the Library will be
doing a Book Sale at the Jonquil Festival with over 3,200 books for sale.
Council Member Lnenicka recognized Mr. Boyd and Chief Hook, who both had no report.
October 18, 2010
Council Member Lnenicka recognized Chief Lanyon, who reminded everyone present to change
their clocks back on November 7 and at the same time to please change their smoke detector
batteries. Council Member Newcomb asked Chief Lanyon going forward to please bring success
stories of those changing smoke detector batteries regularly.
Council Member Lnenicka congratulated Director Ann Kirk and Virginia Davis, Assistant
Director of Keep Smyrna Beautiful and all of the volunteers on winning Keep America
Beautifiil's First Place Award for Keep Smyrna Beautiful ,and all the great work they do for our
city.
CITIZENS INPUT:
Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, who expressed
concerns about previous purchases of property by the City and about the process of proceeding
forward on the purchase of Hickory Lake Apartments and the public information meeting
cancelled. He stated the City purchased Hickory Lake Apartments for 14 million six weeks ago.
Mayor Bacon recognized Ms. Judy Ussing, residing at 1005 Mill Pond Drive, who expressed
concerns about the Hickory Lakes Apartments public information meeting cancelled. Ms.
Ussing asked the City to help educate the citizens by explaining and providing information about
the type of bonds being used to purchase this property.
Council Member Lnenicka explained that he would like to correct some incorrect statements
made by the last two speakers. He clarified that the City has not purchased Hickory Lake
Apartments and the purchase price of 14 million dollars quoted is not a number that he has
record of or received. He noted he didn't understand where these numbers quoted are coming
from. Council Member Lnenicka commented on the misstatements from Ms. Using at the prior
City Council meeting regarding Officer Robert Martin's request for retirement. He stated that
Ms. Ussing did not represent the Martin family or Officer Martin. Mrs. Martin denied knowing
or talking with Ms. Ussing. He expressed his and the City's support for employees, and
explained that the Martin family was being taken care of by the City. He requested that if
anyone would like the correct facts, in consideration of privacy and HIPPA laws, to please
contact their City Council Member.
Mayor Bacon recognized Mr. Alex Bretch, residing at 952 Sharon Circle, who asked if the
citizens could get an update from the City on Jonquil Plaza, Belmont Hills, The Crossings, and
various projects around the city on Facebook or the website to keep them informed.
Mayor Bacon asked that Ms. Bennett and Mr. Taylor to please place .that information on the
website.
Mayor Bacon pointed out that some comments from some citizens are incorrect, and noted there
are great things going on within the City and referred to tonight's meeting presentations with
Smyrna Friends of the Library, Smyrna Soccer Club, and the announcement of the Keep Smyrna
October 18, 2010
Beautiful awards. I-Ie stated he was very glad to live here and noted that sometimes you have to
realize you just can't make some people happy.
Mayor Bacon also acknowledged the two candidates that stayed for the entire meeting, Beth
Pollard and Stacey Evans.
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:30 p.m.
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A. MAX BACON, MAYOR SUS N D. HIOTT, ITY CLERK
MELLENY PRITCHETT, WARD 1
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CHARLES PETE WOOD, WARD 7
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RON NEWCOMB, WARD 2
MI AEL McNAB W RD 4
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WADE S. LNENICKA, WARD 6
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~RI ANULEWICZ, RD 3
ORDINANCE No. 2010-11
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 18, BUILDINGS AND
BUILDING REGULATIONS, CITY OF SMYRNA, GEORGIA, BE
AMENDED TO ADD SECTION 18-13, TEMPORARY PERIMETER SITE
FENCING AND SCREENING. BE IT ORDAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF SMYRNA, GEORGIA:
That Sec. 18-13, Temporary perimeter site fencing and screening,
Chapter 18, Buildings and Building Regulations, Code of Ordinances, City of
Smyrna, Georgia, be added to read as follows:
18-13. Temporary perimeter site fencing and screening: Temporary perimeter site fencing and
screening shall be required for all commercial construction sites greater than 10 acres in size in
order to protect a construction site from: vandalism, unauthorized entry, illegal dumping, to
prevent dust, debris and litter intrusion to adjacent properties and rights-of--way; to mitigate the
impacts of construction and to improve the visual appearance of the site pursuant to the following
guidelines:
1. The temporary perimeter site fence shall be made of chain link, be no less than
six (6) feet in height, with support poles anchored into the ground (not just sitting
on top the ground using "feet" supports) and have screening material attached to
the outside of the fence or install landscaping that is approved by the Community
Development Director.
2. The fence and screening material or fencing and landscaping material shall be
installed and maintained at ground level on all exterior sides of the construction
site prior to the issuance of a land disturbance permit or a building permit. A
fencing plan shall be submitted along with the required civil drawings for the site
work. No permit for said fencing is required. If the construction work is to be
done in phases, the fencing and screening/landscaping requirement may be
installed around each phase as opposed to the entire perimeter of the property.
3. Screening material shall be black or green in color. The screening material shall
cover the entire fence and shall be maintained and kept in good repair by the
developer.
4. Gates may be installed on any side of the property deemed necessary. Gates may
open inward, slide open or open outward only if the gate when opened does not
block any right-of--way or sidewalk. The gate shall be the same height as the
fence with an allowance of up to 4" on the bottom of the gate to allow for
clearance from the ground to open.
5. Landscaping may be used in place of the screening material and shall be installed
in front of the fence at a rate of one (1) deciduous tree and three (3) evergreen
trees per forty (40) linear feet of fencing along the exterior sides of the
construction site. Plant material may be spaced evenly along the fence or
grouped to allow views into the site. Deciduous trees shall be a minimum 3"
caliper and evergreen trees shall be a minimum of 6' tall. Required street trees
may be used in addition to the evergreen tree requirement to accomplish
screening. Street tree plantings must conform to requirements of Section 106.31
of the Smyrna Tree Ordinance.
ORDINANCE No. 2010-11
6. All construction materials, dumpsters and portable toilets are required to be
placed within the fenced area at all times; and all construction sites shall be
secured at night and on weekends when no work is being performed.
7. The area outside of the fence, especially between the fence and the street
pavement, must be kept clean, level and free of any debris or construction
material at all times.
8. The temporary site fence and screening and/or landscaping shall remain on the
property until a final certificate of occupancy is issued or the above safety, litter,
visual concerns, etc. have been met as determined by the Community
Development Director.
9. An opaque wood privacy (or similar material) may be allowed in lieu of the chain
link and screening material required above. However, if a wooden fence is used,
landscaping on the outside of the fence shall be required. A wooden fence may
also be substituted if required by Section 503 (Buffer Strip Requirements) of the
Zoning Ordinance or is a stipulation that was approved with the zoning
classification.
10. Existing sidewalks must be maintained throughout the construction process.
Construction related damage will require the replacement of damaged sidewalks
by the developer to the specifications of the Public Works Department. In
situations where construction fences have been approved to encroach upon public
right-of--way, such fences will require that a temporary sidewalk be constructed
and maintained. The design of such sidewalk(s) must be approved by Public
Works prior to any permits being issued.
Approved by Mayor and Council this 1st day of November, 2010.
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A. Max Bacon, Mayor
Attest:
usan D. Hiott, City Clerk
City of Smyrna
Approved as to form:
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Scott A. Cochran, City Attorney
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