02-21-2011 February 21, 2011Mayor and Council Meeting
February 21, 2011
All Council Members were present with the exception of Councilman Mike McNabb and
Councilwoman Melleny Pritchett. Also present were City Administrator Eric Taylor, City
Attorney Scott Cochran, Deputy City Clerk Samantha Kasraie, Assistant City Administrator
Tammi Saddler, Community Development Director Ken Suddreth, Public Works Director Scott
Stokes, Community Relations Director Jennifer Bennett, Parks and Recreation Director Steve
Ciaccio, Human Resources Director Kay Bolick, Keep Smyrna Beautiful Director Ann Kirk, Fire
Chief Jason Lanyon, Police Chief Stan Hook, Library Director Michael Seigler, Redevelopment
Coordinator Andrea Hall, Economic Development Coordinator Jered Sigmon, Health Coach
Brandy Fortson, Finance Advisor Gordon Mortin, Benefits Coordinator Meredyth Brown,
Controller Kim Grayson and representatives of the press.
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. Presiding
officer Mayor Max Bacon called the meeting to order at 7:33 o'clock p.m.
Mayor Bacon recognized Assoc. Pastor Dyke Verkerk of Smyrna Assembly of God, who
conducted the invocation and led all present in the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated there were several land issues, zonings and annexations that were being
tabled.
MAYOR'S REPORT:
(A) Recognition of the CHN Health Coach — Brandy Fortson
Mayor Bacon called upon Kay Bolick, who acknowledged the exceptional efforts of Maggie
Darby and introduced the City's new onsite wellness coach, Brandy Fortson, encouraging all
present to speak with her. Ms. Fortson stated that she would be available to all those with
questions or interest in the program.
Mayor Bacon recognized the outstanding job done by Ms. Darby after which Ms. Bolick presented
the 3`d place award received by the City as part of the Atlanta Business Chronicle's first annual
healthiest employers event, recognizing the efforts of Meredyth Brown in completing the
application and thanking the Mayor and Council for their support. Ms. Bolick highlighted that the
City of Smyrna was the only government entity recognized in this year's competition and Mayor
Bacon congratulated them on their accomplishment.
LAND ISSUES /ZONINGS /ANNEXATIONS•
Mayor Bacon stated that each of the items to be tabled would be addressed by Councilman
Newcomb and asked that he make the necessary motions to do so.
February 21, 2011 2
(A) Public Hearing - Approval of a code amendment for the addition of the Apartment
Redevelopment District in the City's Zoning Ordinance - City of Smyrna (RN) To be tabled to
March 7, 2011
MOTION: Council Member Newcomb made a motion to table the approval of a code amendment
for the addition of the Apartment Redevelopment District in the City's Zoning Ordinance - City of
Smyrna. Motion was seconded my Council Member Wood and approved 5 -0.
(B) Public Hearing (no vote at this time) - Rezoning Request Z10 -013 - From RM -12 (Cobb
County) to ARD Conditional (Smyrna) - 20.587 Acre tract - Land lot 663 - Roswell Street and
Davie Circle — Regency Square Apartments, LLC and Virginia C. West, LLC (RN) Tabled from
October 18, 2010 - Tabled from February 7, 2011 and February 21, 2011 - To be tabled to March
7, 2011
MOTION: Council Member Newcomb made a motion to table Rezoning Request Z10 -013 -
From RM -12 (Cobb County) to ARD Conditional (Smyrna) - 20.587 Acre tract - Land lot 663 -
Roswell Street and Davie Circle — Regency Square Apartments, LLC and Virginia C. West, LLC.
Motion was seconded my Council Member Smith and approved 5 -0.
(C) 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) Tabled from October 18, 2010 Meeting - Tabled from February 7, 2011 and
February 21, 2011 - To be tabled to March 7, 2011
MOTION: Council Member Newcomb made a motion to table 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. Motion was seconded
my Council Member Smith and approved 5 -0.
(D) Final vote - Rezoning Request Z10 -013 - From RM -12 (Cobb County) to ARD Conditional
(Smyrna) - 20.587 Acre tract - Land lot 663 - Roswell Street and Davie Circle - Regency Square
Apartments, LLC and Virginia C. West, LLC (RN) Tabled from October 18, 2010, tabled from
February 7, 2011 and February 21, 2011 - To be tabled until March 7, 2011
MOTION: Council Member Newcomb made a motion to table Rezoning Request Z10 -013 -
From RM -12 (Cobb County) to ARD Conditional (Smyrna) - 20.587 Acre tract - Land lot 663 -
Roswell Street and Davie Circle - Regency Square Apartments, LLC and Virginia C. West, LLC.
Motion was seconded my Council Member Smith and approved 5 -0.
PRIVILEGE LICENSES:
Mayor Bacon stated that there were none.
FORMAL BUSINESS:
(A) Acceptance of Donation of Property at intersection of Cooper Lake Road and Old Cooper
Lake Road for Fire Station 5 (PW)
Mayor Bacon acknowledged Mr. Eric Taylor, who provided the background and stated that staff
recommended approval.
February 21, 2011
3
MOTION: Council Member Wood moved to approve the Acceptance of Donation of Property at
intersection of Cooper Lake Road and Old Cooper Lake Road for Fire Station 5. The Motion was
seconded by Council Member Smith and approved 5 -0
(B) Authorize SDADC and City of Smyrna to enter into a Purchase Agreement with the Cobb County
Board of Education with the property currently known as Smyrna Commons Apartments at 2525
Ward Street (TA)
Mayor Bacon acknowledged Mr. Eric Taylor, who provided the background and stated that. staff
recommended approval. He then recognized Mr. Ken Suddreth, Ms. Andrea Hall and Mr. Gordon
Mortin, who provided additional background, with Ms. Hall delivering a presentation on the history
of the purchase of the property involved.
Mayor Bacon stated that he was happy because this deal represented a great partnership with the
school board and that he was excited about what was going to happen in that portion of the City.
Mr. Mortin discussed the efforts of the City over the past few decades to increase the number of
single - family homes, including the genesis of the Downtown Smyrna Area, the formation of the
education task force and the purchases of Heritage Point, Highlands, Hickory Lakes and Smyrna
Commons Apartments. He then read a portion of the resolution from the Smyrna Downtown
Development Corporation, reinforced the value of having a school located in the proposed area and
recommended the approval of the sales agreement.
,.
Mayor Bacon asked about the City's bond rating and Mr. Mortin explained that the City was
upgraded to AA+ following the purchase of Hickory Lakes, stating that the rating board favorably
viewed the successful redevelopment of the City.
Councilwoman Anulewicz confirmed if the City's bond rating increased after the purchase of
Hickory Lakes and Mr. Mortin reiterated that the purchase, successfully executed redevelopment,
planning and future projects of the City were viewed positively by the ratings board and had a direct
impact on the City's status upgrade.
MOTION: Council Member Anulewicz moved to Authorize SDADC and City of Smyrna to enter
into a Purchase Agreement with the Cobb County Board of Education with the property currently
known as Smyrna Commons Apartments at 2525 Ward Street. The Motion was seconded, after which
comments were made.
Councilman Newcomb stated that he was very strongly in favor of this item, highlighting the
intangible value of having a new school in Smyrna and his sentiment that this is one of the most
important votes in which he has had the honor to take part. He commented that the City had made a
difference in a big way, with projects such as the purchase of the HUD apartments on Cumberland,
the Downtown redevelopment, the linear park on Spring Road, the acquisition of Smyrna Commons
and Hickory Lakes apartments.
He acknowledged that the City has the best 911 services, only independent city library, outstanding
°- public works, parks and recreation departments and community events but must also focus on
partnering with schools to help them and support their leadership. He stated that the transiency rate of
nearly 50% in some schools was an issue that needed to be addressed and that a new school would
address overcrowding at Argyle Elementary and possibly other schools. Councilman Newcomb
commented that this project was voted on as part of SPLOST several years ago was finally being
February 21 2011
realized. He stated that this vote was one in support of the city's schools, property values and the 4
future of Smyrna.
Councilwoman Anulewicz thanked Councilman Newcomb for his remarks and stated that she had
spoken with residents curious as to why the school board was not interested in building the school at
the Hickory Lakes Apartment site. She explained that a facility in that location would not address the
overcrowding at Argyle and that the proposed site was located in a community eager to support the
new school.
Councilman Smith stated this represented a major investment in the future of the City, similar to the
Parks Bonds, with the potential to attract long -term residents and businesses to Smyrna.
VOTE: Mayor Bacon called for the vote which was approved 4 -1 with Councilmember Lnenicka
opposed.
(C) Public Hearing - Approval of Ordinance Adoption for Economic Incentive Program- City of
Smyrna (PW)
Mayor Bacon acknowledged Mr. Eric Taylor, who provided the background and stated that staff
recommended approval.
Mayor Bacon stated that this was a public hearing and asked for input, after which Ms. Andrea Hall
provided a brief report on the Economic Incentives Program and discussed the origin and details of
the ordinance.
Mayor Bacon asked for further input. There was none.
MOTION: Council Member Wood moved to approve the Ordinance Adoption for Economic
Incentive Program- City of Smyrna. The Motion was seconded by Council Member Smith and
approved 5 -0
COMERCIAL BUILDING PERMITS:
Mayor Bacon stated that there were none
CONSENT AGENDA:
Mayor Bacon acknowledged Mr. Eric Taylor, who read the consent agenda.
(A) Approval of February 7, 2011 Minutes
(B) Approval to use Council Chambers on February 27, 2011 from 5:30 p.m. - 9:00 p.m. for a
Creatwood at Vinings HOA meeting in Ward 6
(C) Approval to use the Council Chambers on February 24, 2011 from 7:00 p.m. to 9:00 p.m. for
Bennett Woods Neighborhood Meeting in Ward 7 RIMW
(D) Approve Atkins Park 2011 Crawfish Boil Celebration in the Market Village on Sat., April 30,
2011, 1pm - 10:45pm and May 1, 2011, from 1pm - 8 p.m.
February 21, 2011
MOTION: Council Member Wood moved to approve the Acceptance of Donation of Property at
intersection of Cooper Lake Road and Old Cooper Lake Road for Fire Station 5. The Motion was
seconded by Council Member Smith and approved 5 -0
(B) Authorize SDADC and City of Smyrna to enter into a Purchase Agreement with the Cobb County
Board of Education with the property currently known as Smyrna Commons Apartments at 2525
Ward Street (TA)
Mayor Bacon acknowledged Mr. Eric Taylor, who provided the background and stated that staff
recommended approval. He then recognized Mr. Ken Suddreth, Ms. Andrea Hall and Mr. Gordon
Mortin, who provided additional background, with Ms. Hall delivering a presentation on the history
of the purchase of the property involved.
Mayor Bacon stated that he was happy because this deal represented a great partnership with the
school board and that he was excited about what was going to happen in that portion of the City.
Mr. Mortin discussed the efforts of the City over the past few decades to increase the number of
single - family homes, including the genesis of the Downtown Smyrna Area, the formation of the
education task force and the purchases of Heritage Point, Highlands, Hickory Lakes and Smyrna
Commons Apartments. He then read a portion of the resolution from the Smyrna Downtown
Development Corporation, reinforced the value of having a school located in the proposed area and
recommended the approval of the sales agreement.
Mayor Bacon asked about the City's bond rating and Mr. Mortin explained that the City was
upgraded to AA+ following the purchase of Hickory Lakes, stating that the rating board favorably
viewed the successful redevelopment of the City.
Councilwoman Anulewicz confirmed if the City's bond rating increased after the purchase of
Hickory Lakes and Mr. Mortin reiterated that the purchase, successfully executed redevelopment,
planning and future projects of the City were viewed positively by the ratings board and had a direct
impact on the City's status upgrade.
MOTION: Council Member Anulewicz moved to Authorize SDADC and City of Smyrna to enter
into a Purchase Agreement with the Cobb County Board of Education with the property currently
known as Smyrna Commons Apartments at 2525 Ward Street. The Motion was seconded, after which
comments were made.
Councilman Newcomb stated that he was very strongly in favor of this item, highlighting the
intangible value of having a new school in Smyrna and his sentiment that this is one of the most
important votes in which he has had the honor to take part. He commented that the City had made a
difference in a big way, with projects such as the purchase of the HUD apartments on Cumberland,
the Downtown redevelopment, the linear park on Spring Road, the acquisition of Smyrna Commons
and Hickory Lakes apartments.
He acknowledged that the City has the best 911 services, only independent city library, outstanding
**° public works, parks and recreation departments and community events but must also focus on
partnering with schools to help them and support their leadership. He stated that the transiency rate of
nearly 50% in some schools was an issue that needed to be addressed and that a new school would
address overcrowding at Argyle Elementary and possibly other schools. Councilman Newcomb
commented that this project was voted on as part of SPLOST several years ago was finally being
February 21, 2011 5
(E) Approval of Atkins Park 2011 St. Patrick's Day Celebration in the Market Village on Thurs.,
March 17, 2010 from 2 p.m. —10:45 p.m.
(F) Approve a budget adjustment to the FY2011 operating budget for the Information Systems
Department of an increase $20,000 for an unanticipated software update required by the City's phone
system
(G) Approval of License Agreement for Imagine International Academy of Smyrna, LLC to have
exclusive access to the multi - purpose field at Chuck Camp Park during official school hours (8:00 am
- 3:30 pm) and during the after - school program (3:30 pm - 5:30 pm)
(H) Award of RFP11 -008 to Sutton Architectural Services, Inc. for renovation to Wolfe Center locker
rooms in the amount of $15,500, and authorize Mayor to sign and execute contract.
MOTION: Councilman moved Lnenicka to approve the consent agenda. The motion was seconded
by Councilman Wood and approved 5 -0.
COMMITTEE REPORTS:
Council Member Wood yielded with no report
Councilman Lnenicka stated that he was looking forward to attending the Creatwood at Vinings
meeting and yielded with no further report.
Councilman Smith stated that Parks and Recreation and Public Relations had no report,
acknowledging Michael Seigler from the Library, who reminded all present that the Cobb Works
mobile career center was available twice a month. He informed everyone that in addition to normal
services they would be offering computer classes at the library and provided dates and times. Mr.
Seigler then discussed current and upcoming events at the Library, after which he thanked the Friends
of the Library for the efforts throughout the Murder Goes South event.
Council Member McNabb recognized Ms. Ann Kirk, who mentioned the upcoming gardening class
offered through Keep Smyrna Beautiful and discussed the recent Arbor Day celebration hosted by
KSB and that the City had once again fulfilled the requirements for Tree City certification.
Council Member McNabb yielded with no further report.
Councilwoman Anulewicz acknowledged Ms. Jennifer Bennett, who encouraged all present to follow
the Facebook feeds and check the website for updates. Council Member Anulewicz then recognized
the efforts of Ms. Kay Bolick and her team for the award they received as part of the Healthiest
Employers competition. She thanked Ms. Bolick for her extensive efforts in developing a revised
Human Resources policies and procedures manual.
Councilwoman Anulewicz commented on the development of the new school, extending her
appreciation to the previous School Board member for her efforts in helping to realize this project.
wow She stressed the delight and eagerness of the members of the community about the school and the
level of potential volunteerism. She also commented on the current status of the Jonquil site, in
particular the condition of the fencing, stating her anticipation of that development moving forward
once new ownership was established.
February 21, 2011
J
Council Member Newcomb echoed the sentiment of Councilwoman Anulewicz and thanked Ms.
Bolick for her efforts on producing the manual. He acknowledged Mr. Ken Suddreth, who reviewed
Community Development statistics. "Mm
With no further reports, Mayor Bacon expressed his gratitude to Ms. Bolick and Ms. Penny Murphy
for their efforts.
Councilman Lnenicka stated that the Public Safety Chiefs had presentations and Mayor Bacon called
upon Mr. Stan Hook and Mr. Jason Lanyon, both of whom presented reports on their departments.
Chief Hook compared statistics over the last three years stating that he did not include a comparison
for confinements due to an influx from Marietta and there was some discussion about per meal cost.
Mr. Lanyon acknowledged the efforts of Justin Davie in formatting the report and presented statistics
to all present. Councilman Lnenicka recognized the quality of the presentation and inquired about the
ISO rating. Mr. Lanyon discussed the City's fire coverage rating and shared with all present that
Smyrna's Fire Department was among the top 16 in the State, encouraging all present to inquire if
they were eligible for discounted insurance rates as a result of the City's rating.
SHOW CAUSE HEARINGS:
Mayor Bacon stated that there were none.
CITIZEN INPUT:
Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, who commented on the
purchase of a property on Oakdale Rd. and the condition of the structure on that land parcel. He then
remarked on the purchase of Hickory Lakes and that no plan for redevelopment has yet been
presented, advocating that a referendum with citizen's input should be enacted. Mr. Backry stated
that the City was losing money on the purchase of Smyrna Commons and that taxes would be raised
as a result.
Mayor Bacon recognized Donna Short Woodham, residing at 2616 Hughes St., who discussed an
advocacy blog and called for a city hall meeting with Smyrna residents, the School Board, Halpern
and Mayor and Council to discuss possible school closings and new road construction as a result of
the proposed school. She voiced her opinion that the public should be informed and encouraged all
present to call city hall and request a city meeting regarding this matter. She also commented on the
condition and history of the Jonquil site mentioned by Council Member Anulewicz.
Mayor Bacon stated that there were no anticipated tax increases and that comments suggesting such
were incorrect information. He made known that Smyrna did not designate the Hickory Lakes
Apartments as low income.
With no further business, the meeting was adjourned at 8:43 o'clock p.m.
February 21, 2011
A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK
Ar
ELL E T, WAkRD 1 RON NEWCOMB, WARD 2
TERI ANULEWICZ, WA 3
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CHARLES PETE WOOD, WARD 7
FOR
ORDINANCE NO. 2011-01
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
•.. AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA,
SEC. 79 — ARTICLE II - ECONOMIC INCENTIVE PROGRAM ADOPTED BE AMENDED
AS FOLLOWS:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
GEORGIA:
That Section 79 -27 section (2) of the Code of Ordinances of the City of Smyrna, Georgia, be
removed in its entirety and amended to read as follows:
The city shall establish an advisory committee which shall be responsible for review of the incentives
plan. Members shall be appointed by the city council with each councilmember having one
appointment. The mayor shall appoint two members. Additionally, there shall be one member
appointed at large by the Smyrna Business Association, one member appointed at large by the Cobb
County Chamber of Commerce, one member appointed at large by the Downtown Development
Authority and one member appointed at large by the Planning and Zoning Board. Members shall serve
a two -year term.
That Section 79 -28 (b) of the Code of Ordinances of the City of Smyrna, Georgia, be removed
in its entirety and that Section 79 -28 (c) be codified as 79 -28 (b).
That Section 79 -31 section (5) of the Code of Ordinances of the City of Smyrna, Georgia, be
removed in its entirety and amended to read as follows:
No targeted business or targeted residential development shall be denied participation under the
economic incentive program solely on the basis that they are not within the developed and approved
inventory of prospective properties subject to redevelopment.
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 21St day of F br a 1
Attest: A. Max Bacon, Mayor
r_V Y/
_d
Susan D. Hiott, City Clerk
City of Smyrna
Approved as to form:
4
Scott A. chran, City
City of Smyrna