04-18-2011 April 18, 2011Mayor and Council Meeting
April 18, 2011
All Council Members were present. Also present were City Administrator Eric Taylor, City Attorney Scott Cochran,
City Clerk Susan Hiott, Assistant City Administrator Tammi Saddler, American Council Fellow Anastasia Moskvina,
Police Chief Stan Hook, Finance Director Robert Porche, Community Relations Director Jennifer Bennett, Fire Chief
Jason Lanyon, Keep Smyrna Beautiful Director Ann Kirk, Public Works Director Scott Stokes, Human Resources
Director Kay Bolick, Library Director Mike Siegler, Parks and Recreation Jodi Mills, Batallion Chief Eric Farmer
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 7:32 o'clock p.m.
Mayor Bacon recognized Pastor George Ganey of the Smyrna Presbyterian Church, who conducted the invocation
and led all present in the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated that item 4A would be withdrawn and that 4B, 4C and 4D would be tabled until May 16, 2011.
MAYOR'S REPORT:
(A) Recognition of Census Complete Count Committee
Mayor Bacon recognized Tammi Saddler and other members of the Complete Count Committee present that evening.
Mr. Jared Sigmon spoke about the committee and its mission to ensure an accurate 2010 census count. He explained
Now the outreach efforts conducted to facilitate response rates and stated that the number of 2010 voluntary returns were
at 73% versus 66% in 2000. Mr. Sigmon proclaimed the population total was recorded at 51, 271 in contrast to
40,999 in 2000 and expressed that the 25% growth rate was likely a combination of both actual growth and more
accurate counting. He acknowledged the committee members and presented a certificate of appreciation to each,
which had been read aloud. He also recognized GIS Specialist Clarence Blalock, who was instrumental in providing
supporting information and thanked volunteers for their time and Mayor and Council for its support. Mayor Bacon
thanked the committee for their involvement in selflessly giving back to the community.
4. LAND ISSUES /ZONINGS /ANNEXATIONS:
(A) Public Hearing- Approval of a code amendment for an Apartment Redevelopment District - City of
Smyrna (Tabled from January 18, 2011, February 7, 2011 and February 21, 2011 meetings) (RN) To be
tabled to April 18, 2011 - To be withdrawn
Mayor Bacon stated that the item was to be withdrawn and confirmed with City Attorney Scott Cochran that no
further action was required. Councilman Newcomb also verified that no vote was needed.
(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,
Tabled from February 21, 2011 and March 7, 2011 - To be tabled to May 16, 2011 meeting
(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 - Tabled from February 21, 2011 and March 7, 2011
A" - To be tabled to May 16, 2011
(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 Meeting - Tabled from February 7, 2011 — Tabled from February 21,
2011 and March 7, 2011 - To be tabled to May 16, 2011 meeting
April 18, 2011 2
MOTION: Council Member Newcomb made a motion to table items 4(B), 4(C) and 4(D) to May 16, 2011. Motion
was seconded by Council Member Pritchett and approved 7 -0.
(E) Public Hearing- Zoning Amendment Request ZII -001 - Approval of a zoning amendment to modify the
previously approved plans and zoning conditions for rezoning case Z05 -015 - 0.55 Acre Tract - Land Lot 677 - Lois
Street and Main Street - Michael P. Landry, LLC (WL)
Mayor Bacon announced the public hearing, confirmed the presence of the applicant and recognized Mr. Taylor, who
provided the background and stated that staff recommended approval with some modifications. Mayor Bacon then
asked that the applicant and any individuals wishing to be heard step forward to be sworn in by the City Attorney.
Mayor Bacon acknowledged Councilman Lnenicka, who invited Mr. Ken Suddreth to deliver a presentation on the
property and project in question. Mr. Suddreth introduced the applicant, Mr. Landry, and provided background on the
lots included in the amendment. He highlighted the proposed changes on displayed subdivision maps and stated that
up for Council's consideration were modifications to previously approved plans. He shared that staff recommended
approval with item 16 being eliminated. He commented that items 20 and 21 were being removed and that several
conditions were being added to ensure consistency of architectural style. Mr. Suddreth emphasized that the issue of
increased height impacted only two subject properties and stressed that care be exercised regarding the treatment of
the green space, temporary drive and inclusion of the access easement. Mr. Suddreth recommended the project for
approval with the changes included in his presentation.
Council Member Lnenicka asked that Mr. Suddreth revisit the issues likely to be of primary interest to the neighbors
such as the architectural style and height of the homes. He requested that relevant slides be reviewed and that Mr.
Suddreth discuss factors such as appearance, cost or house and lot size. Mr. Suddreth shared that the biggest change
would take place on lot 8, and possibly the adjacent lot, where the home would increase to four stories. Given that
existing homes in that subdivision were basically two - stories, the overall appearance of the new construction would
be as similar as possible. He explained that lot 8 had been pre -sold with significant work done. ..
Councilman Lnenicka inquired if renderings were available for lots 9 -11 and Mr. Suddreth responded that some
information was available and explained that the floor plan for lot 9 would be similar in design to that of lot 8, with
ascending lots stepping down to 2 -story homes. Mr. Suddreth reminded all present that the amendment being
considered applied only to lots 1 -8 and that no changes were being made to other parcels at this time, stating that
only lots 7 and 8 were impacted by the height increase to 43'. Council Member Lnenicka asked if Mr. Suddreth could
provide the elevation of the existing homes and Mr. Suddreth responded that the existing RAID classification allowed
up to 35' but he was not aware of the exact heights of the existing structures.
Mayor Bacon asked if there were any further questions for Mr. Suddreth and no input was received. He then
acknowledged developer Mr. Mike Landry, who informed all present that he was in possession of letters of support
from the current residents of lots 2, 3 and 4 as well as an email of endorsement from the owner of lots 9, 10 and 1 l .
Mr. Landry shared that the material provided to Mayor and Council showed that all homes would blend with existing
architecture and that lots 5 and 6 would be built as two -story homes, with lot 7 being a three -story and lot 8 hosting a
three and a half -story home. Mr. Landry stated that the goal was to purchase lots 9, 10 and 11 with all exteriors
constructed of similar materials.
Councilman Lnenicka asked Mr. Landry to compare the size and value of the existing homes to those being
proposed. Mr. Landry replied that he was unaware of the original sales prices of the homes but believed that the one
currently listed on the market, with a smaller floor plan than those being proposed, had an asking price of $376,000.
Council Member Lnenicka then inquired what price point the new homes would be at and Mr. Landry stated that he
anticipated the spec home on lot 5 being at $450,000 but was not at liberty to discuss the details of the pricing of the
house on lot 8 other than to disclose that it would likely exceed the projected cost of the estimate for the property on
lot 5.
With no further questions from Council, Mayor Bacon acknowledged those citizens who had been sworn in.
Mary Rose Barnes of the Oakdale Community Association made it known that their members were informed of the
hearing only a few days prior. She stated that signage with an earlier date had been displayed but that direct contact
and notification from Landry's group would have been appreciated. She emphasized that other bordering
communities with an interest should have been informed as well. She expressed that the extreme height of the new
April 18, 2011
buildings would be out of character and overload Lois St., upsetting the appearance and feel of a suburban
neighborhood. She stated her support of the development originally marketed as senior - friendly living but opposed
the changes based on density. She stated that eliminating the 35' restriction would set an unacceptable precedent and
requested that the item be held until proper discussions with the developer could be conducted.
Ms. Lisa Smith Boyer, residing at 1955 Main Street, across from lots 9, 10 and 11 echoed the lack of notification and
shared with all present that as this was the first she had been made aware of the plans she would like additional time
to review and consider the proposal. Ms. Boyer expressed her concerns about elevations, height given existing
topography, the use of the open space as a construction entrance and traffic issues. She requested that the item be
tabled until these matters could be discussed with the developer.
Fernando Chavarria of 1925 Main Street shared his pleasure that development would resume but was opposed to the
proposed elevations which he maintained were too high for the neighborhood. He stated his opinion that the homes
being built should conform to the single -story style of the surrounding houses with a two -story maximum. He
expressed concern that if the height increase was approved, a precedent would be set for the remaining lots.
Dan Pettersen with Prudential Real Estate Services, living at 1322 Glenn Cedars, expressed his professional opinion
that the rezoned project would maximize sky -line views offered on the land parcels at that location and stressed that
would make the proposed homes more appealing, enhancing their value. He explained that the properties would cater
to the first -time and young home buyers leading the market and be beneficial in reviving real estate sales in that area.
Rob Anagnostis of Atlanta Signature Homes stated that the original Lois St. development was not successful and that
the revised homes would be up -scale and increase land values in both that development and the surrounding
neighborhoods. He referred to support from neighboring residents and stressed that the anticipated pricing of the new
homes was contingent upon the available views. He stated that the inclusion of an elevator option would continue to
attract seniors and shared that one of the current potential clients was from that demographic.
Jeff Mitchell, agent with Solid Source Realty and resident of 1915 Main St., refuted the previous real estate agent's
opinion, stating that current floor plans were considerable in size and that added height did not significantly enhance
views. He explained that topography rose on the parcels in question and that he had sent photos to Rusty Martin and
Councilman Lnenicka demonstrating how views would be visible even from a 2 -story home. Mr. Mitchell echoed
concerns about the lack of signage and timely notification and made known conversations with neighbors who
opposed the rezoning. He asserted the proposed development would interfere with the views and sun exposure of
neighboring subdivisions and create a lack of homogenous appeal on Lois Street. He had letters of opposition that he
offered to leave with Council and Councilman Lnenicka encouraged him to do so, confirming Mr. Mitchell's address.
Councilman Smith inquired about the directional facing of lot 6 and if views would be visible over the home on lot 5.
Mr. Mitchell shared that given the orientation of Lois St. that all homes had a view of Atlanta and there was
discussion about which direction offered the desirable scenery of the downtown skyline. Council Member Smith
stated that he was under the impression that the concern was that the higher elevation would block the views of the
existing homes on Lois St. and Mr. Mitchell stated that the adverse impact would be to the homes on Main St.
Discussion ensued about the elevations on both streets and the ability to erect taller building without obstructing
views. Mr. Mitchell commented that the renderings being shown did not accurately depict the severity of the
difference in appearance and Councilman Smith asked if the views would be available from both Lois and Main if
the homes were built as two -story houses and Mr. Mitchell stated that he believed so.
Mr. Mort Baines stated that he was the owner of lot 8 and made known that he was in favor of the changes.
Mr. Landry apologized for not visiting with residents in the neighboring subdivisions, explaining that after receiving
support from residents on Lois he had not seen the need to reach out further. He commented on senior living
requirements being maintained with the elevator option and bedrooms and baths offered on the main. He restated his
goal to create value by maximizing city views and highlighted that existing owners were young couples. He defended
the renderings as being drawn to scale and taking into consideration the grade elevations and site plan.
Mayor Bacon asked about the front and rear - facing direction of the houses and Mr. Landry responded that elevations
faced east based on site plan with adjacent commercial property on the west - facing side.
April 18, 2011 4
Mr. Anagnostis rebutted the claim that views would be obscured stating that research had been conducted to support
that claim. Council Member McNabb asked for clarification on whose views were considered in this research and
Mr. Anagnostis identified the residents of Main Street, in particular those residing to the rear of Lois Street and at a lwwq"
higher elevation. Councilman McNabb stated his desire to hear the same claim made by the residents of Main Street
and Mr. Anagnostis offered to review the plans with those present.
Ms. Lisa Smith Boyer stated that living directly across from lots 9, 10 and 11 she had a city view that would be
obstructed if a 4 -story house were erected on those properties. Mayor Bacon asked if a two or three -story building
would block her view and if the lots involved in the rezoning impacted her. She stated she did not think so but had
not been given sufficient time to review the plans to provide an adequate response and reiterated her primary concern
about the flow of construction traffic. Mr. Anagnostis displayed the plans and explained the purpose and location of
the proposed driveway. There was discussion centered on the diagram, with residents re- emphasizing their position
that their views would be obscured.
Mayor Bacon acknowledged Councilman Newcomb, who recognized the significant dialogue occurring between the
citizens and the developer. Mr. Landry commented that the development had not maximized existing zoning
conditions and Council Member Newcomb expressed curiosity about whether or not views from Main Street would
be unchanged if Lois Street development continued as two -story homes, stating that accommodations would be
required somewhere in order to move forward with the six year old project. Councilman Lnenicka addressed Mr.
Landry about the possibility of tabling the item and scheduling a meeting with the neighboring residents. Mr. Landry
expressed his desire for a recess to consult with those present that had purchased lots.
Mayor Bacon stated that he was unsure how many of those present were living in their homes in 2005 but that his
recollection was that height of the development had not previously been an issue. Councilman Lnenicka commented
that the homes to be built originally were two- stories and Council Member Newcomb expressed that there appeared
to be nothing in the records to show the proposed height was a point of contention in the original plans. Council
Member Lnenicka highlighted that the homes surrounding the Lois St. development were being built at two -story
elevations with Councilman Newcomb expressing his opinion that there was no opposition to the current zoning
height of 35'.
Mayor Bacon stated that there appeared to be sufficient questions that a meeting to address the issues would be
beneficial for all. He acknowledged the concerns of the residents about the loss of their view but that he could not
sufficiently determine that would be the result. He suggested the item be tabled until matters could be worked out and
commented that when Council originally reviewed this item the issues being presented were not known. Mr. Landry
stated his assumption that those being impacted the greatest were the owners of the other lots on Lois Street and
requested time to hold discussions with them.
Mayor Bacon called a recess, temporarily suspending the item, and proceeded with agenda item (F).
(F) Public Hearing - Zoning Amendment Request Z11 -002 - Approval of a zoning amendment to modify the
previously approved building elevations for the Westhill Subdivision - 7.66 Acre Tract - Land Lots 688 and 753 -
Oak Drive and Westhill Drive -FCWH Acquisition, LLC (PW)
Mayor Bacon asked the applicant to step forward and stated this was a public hearing, encouraging all with comment
to be made known. He then acknowledged Mr. Taylor, who read the background to all present.
Mr. Taylor stated the location of the land parcel, the date of the original approval of the subdivision by Mayor and
Council and informed all present that 12 of the proposed 71 town homes had been completed prior to foreclosure on
the development. He stated that the subdivision was now under new ownership and that a request to build two -story
units in lieu of the three -story units originally planned was being proposed. Mr. Taylor stated that staff recommended
approval with modifications.
Mayor Bacon acknowledged those present that wished to make comment on this matter and asked that they step
forward to be duly sworn in. He then acknowledged Council Member Wood, who introduced Mr. Suddreth to
provide background on the zoning amendment request.
Mr. Suddreth delivered a presentation covering the details and history of the subdivision and the zoning amendment
request. He commented that the only change being made from plans previously approved was the decrease in
April 18. 2011
building elevation and that all conditions were still in effect. He stated that a special condition to maintain the
architectural style, composition and treatments had been added.
Councilman Newcomb asked what the change in square footage would be and Mr. Suddreth replied there would be
approximately a 200 square foot reduction. Council Member Newcomb commented that he would be asking for input
as to the impact that change would have on property values.
Mayor Bacon acknowledged Mr. Sams of the law firm Garvis, Sams, Larkins and Huff, who stated that he
represented the applicant. He made known to all present that the request was an amendment with limited issues and
related to a 2006 zoning approved by Mayor and Council. Mr. Sams discussed market conditions, building
classifications, appeal to seniors and cited similarities to the successful development of Oakdale Bluffs. He discussed
the commitment to adhere to the architectural style, composition and materials and stated that the price points of the
new homes would be in line with the existing homes. He shared that meetings had taken place with Councilman
Wood and staff and that he was comfortable that the proposed changes were consistent with the City's conditions and
stipulations of that development as presented in 2006.
Mayor Bacon asked if the original applicant had gone into foreclosure and Mr. Sams responded in the affirmative.
Council Member Smith inquired if Mr. Sams was aware of the pricing on the new homes and how that would affect
the existing units. Mr. Sams stated that he did not know the exact price point of the completed units but that the intent
was for the new homes to be in line with the fair market value for the existing homes and that no competitive
advantage was anticipated.
Council Member Newcomb clarified his understanding that due to current market forces that buyers would pay
roughly the same price for the new two -story homes as they would for the existing three -story units. Councilwoman
Pritchett asked if this town home subdivision was fee simple and Mr. Sams replied in the affirmative.
Mayor Bacon acknowledged Mark Foster, residing at 2116 Westhill Drive, who shared with all present his
excitement that the development would be proceeding and that he looked forward to open dialogue and
communication with the builder. Mayor Bacon asked if signs had been erected on the property and Mr. Foster replied
that there had been but that they did not detail the nature of the development to take place. Mayor Bacon inquired if
he was a current owner in the Westhill subdivision and he replied in the affirmative. Mr. Sams provided him with a
business card and Mayor Bacon thanked him for his attendance.
MOTION: Council Member Wood made a motion to approve a zoning amendment to modify the previously
approved building elevations for the Westhill Subdivision - 7.66 Acre Tract - Land Lots 688 and 753 - Oak Drive
and Westhill Drive -FCWH Acquisition, LLC. Motion was seconded by Council Member Lnenicka and approved 7-
0.
Mayor Bacon commented that perhaps supplemental signage should be posted that could direct interested parties to a
website, or phone number, where additional information would be available.
Mayor Bacon acknowledged Mr. Landry and re- opened discussion on item 4(E).
Mr. Landry presented site plans where he had drawn lots on Main Street with house footprints. He said that zoning
conditions were being evaluated for lots 8, 7, 6, 5 and 1 and he showed on the plans where a house on lot 8 would not
obstruct views from Main St. He shared that development on lots 9, 10 and 11 would likely have some obstruction
but that would be very minimal. Mayor Bacon asked if his claim was based on the construction of two, three or four
story buildings and Mr. Landry responded that the height would make no difference as lot 8 was clearly out of view
of the homes on Main street. Mr. Landry confirmed if all items were included in the vote and expressed his desire to
proceed.
Councilman Lnenicka and Mayor Bacon asked if the residents were in agreement with Mr. Landry's statement and
each of the citizens expressed their objections to the claim and their preference to table the vote, offering their
reasons for such. Council Member Lnenicka asked for a chance to meet with residents, the builder and Mr. Landry to
attempt to reach agreement. He expressed regret at the limited scope of communication, stating his support for
enhanced signage and commenting on the number of calls he had received in the hours prior to the meeting. He
apologized for having insufficient time to address all of the resident's concerns and stated his preference to table the
vote.
April 18, 2011 6
Mayor Bacon commented that Mr. Landry had done what he thought was required in conducting notifications. He
suggested that tabling the item for two weeks would give people a chance to review information and Mr. Landry
clarified that the purpose of tabling the vote would be to verify that views would not be obstructed. Councilman
Lnenicka stated that the intent was to allow time for dialogue to occur with the adjacent property owners prior to the
Mayor and Council making its decision and Mr. Landry stated he was amenable to the two -week delay.
Councilman Newcomb stated that it was the goal of the governing body to balance the property rights of individuals
to develop their lots with the property rights of neighboring residents, urging all to realize that issues other than
obstruction of views had to be considered. Mr. Landry stated that he would maximize building height within the
current zoning and Mayor Bacon expressed his opinion that resolution could be reached. Councilman Lnenicka
suggested a meeting take place on Monday, April 25, 2011 at 6 o'clock p.m. in city hall with consensus of the
concerned parties present.
MOTION: Council Member Lnenicka made a motion to table Zoning Amendment Request ZI I -001 to modify the
previously approved plans and zoning conditions for rezoning case Z05 -015 - 0.55 Acre Tract - Land Lot 677 - Lois
Street and Main Street - Michael P. Landry, LLC (WL) to May 2, 2011. Motion was seconded by Councilman Wood
and approved 7 -0.
(G) Public Hearing - Zoning Amendment Request Z11 -005 - Approval of a zoning amendment to eliminate zoning
conditions #21, #22 and #23 from rezoning case Z05 -029 - 3.84 Acre Tract - Land Lots 338 and 339 - Concord Road,
Atkins Way and North Cooper Lake Road - Synergy Fund 1, LLC (MM)
Mayor Bacon confirmed the presence of the applicant and acknowledged Mr. Taylor, who provided the background
to all present. Mr. Taylor detailed the three zoning conditions to be eliminated and stated that staff recommended
approval with stipulations.
Mayor Bacon announced that this was a public hearing and called for input. He requested that all interested parties
approach to be sworn in by City Attorney Scott Cochran.
Mayor Bacon acknowledged Councilman McNabb who introduced Mr. Ken Suddreth to provide additional details
regarding the property in question. Mr. Suddreth delivered a presentation and stated that staff recommended approval
of the removal of the wrought iron architectural feature and the elevator shaft requirement but maintained a revised
condition for a courtyard fountain. There was discussion about the number of recent zoning amendments and the
positive trend of developers moving forward with existing projects. Councilman Smith raised a question regarding
the design changes related to the removal of the architectural feature and Mr. Suddreth deferred to the developer.
Mayor Bacon acknowledged Mr. Barry Gittleman with the Land and Strategy division of John Wieland Homes and
Neighborhoods, the new builder of Concord Hall, with offices located at 4125 Atlanta Rd in Smyrna. He stated that
his company was not the owner of the property but was partnering with the Synergy Fund. He presented statistics
about his company and commented on changes in the real estate market since the original zoning in 2005,
highlighting that he would work with the owners to build an affordable and successful high quality product consistent
with the existing homes. He mentioned that the original balconies were decorative only and did not represent a value
add -on.
Mr. Gittleman stated that he had met with the owners, council and staff and that the recommendation to retain the
fountain amenity had been incorporated into the plan. He emphasized his company's intention to build homes
capable of selling in the current market and Councilman McNabb asked that he address the decision - making process
behind shifting the marketing focus and amenities packet. Mr. Gittleman responded that the original plans to build
half million dollar town homes were not supported by the market in the area whose range was between 200 — 300
thousand dollars. Council Member McNabb confirmed the anticipated opening price point was at the mid -high 200's.
Mayor Bacon recognized Mr. Gregory Ward, future resident of 504 McCain Circle, who stated his pleasure at the
resumption of construction and his support of the amendment. Mr. Ward expressed his frustration at the lack of
communication and the extent of conflicting information. He requested clarification about the proposed elevations
and design plans presented by the builder and if those features were included in the vote. Councilman McNabb stated
that the current item was only to approve the elimination of two conditions and the modification of a third. He
elaborated that final approval of plans was up to the discretion of Community Development and if proposed designs
April 18, 2011 7
were determined to be inconsistent with existing development the matter would be brought before Mayor and
Council.
MOTION: Council Member McNabb moved to approve a zoning amendment to eliminate zoning conditions #21,
#22 and #23 from rezoning case Z05 -029 - 3.84 Acre Tract - Land Lots 338 and 339 - Concord Road, Atkins Way
and North Cooper Lake Road - Synergy Fund I, LLC. Motion was seconded by Councilwoman Pritchett and
approved 7 -0.
5. PRIVILEGE LICENSES:
Mayor Bacon stated that there were none.
6. FORMAL BUSINESS:
(A) Appointment of Mayor Representative to Economic Incentive Board
Mayor Bacon acknowledged Mr. Taylor who provided the background and announced the nominee Eric Williams,
Vice President of Lanier Parking, for a 2 year term to expire in April 2013
MOTION: Councilman Lnenicka moved to approve. Motion was seconded by Councilman McNabb and approved 7-
0
(B) Appointment of Ward 1 Representative to Tree Board
Mayor Bacon recognized Councilwoman Pritchett, who named Roger Bryant to complete the term to expire 8/2012.
MOTION: Councilman Lnenicka moved to approve. Motion was seconded by Councilman McNabb and approved 7-
(C) Approval to add a $1.00 per month fuel surcharge to City of Smyrna sanitation accounts effective May 1, 2011
Mayor Bacon acknowledged Mr. Taylor who gave the background, stating that the City had been impacted by the
rising cost of fuel with increases in the 50% range over the past two years. He outlined that the City's intention to
take an approach similar to that found in the private sector, adding a $1.00 fuel surcharge to each of the sanitation
accounts. Revenue would be dedicated to covering citywide fuel expenses and could be repealed if fuel prices
stabilized.
MOTION: Councilman McNabb moved for approval, clarifying to all present the intent was a floating fuel charge
that could be revisited whenever appropriate, reduced or eliminated if fuel prices dropped or stabilized. Council
Member Lnenicka received an affirmative response to his inquiry that the surcharge was limited to residential
accounts.
Motion was seconded by Councilman Wood and there was discussion about the contracted nature of services for
commercial accounts, including provisions for fuel surcharges. Council Member Newcomb expressed his desire to
see that the necessity of this item was closely monitored. He addressed the self - funded nature of the sanitation
account and the possibility of addressing alternate accounting requirements in the event that fuel costs continued to
escalate. Councilman Lnenicka expressed his agreement.
Motion was approved 7 -0.
(D) Adopt Change of Fees for swim lessons and Tolleson Pool rentals in the Parks and Recreation Department
effective May 1, 2011 (JS)
Mr. Taylor provided the background, stating that staff had researched pricing relative to other locations and that
findings revealed current pricing was below average and that the facility's expenses were not being covered. He then
relayed the proposed pricing increases.
MOTION: Councilman Smith moved for approval. Motion was seconded by Councilman Wood and approved 7 -0
April 18, 2011 8
Mayor Bacon acknowledged Mr. Eric Taylor to provide the background on items 6(E), 6(F) and 6(G), explaining that
city staff, in conjunction with the city attorney's office, was in the process of reviewing and updating ordinances and
read those slated to be repealed.
(E) Approval of Ordinance 2011 -04 - Repealing Section 66 -3, Disorderly Conduct, of Chapter 66, City of
Smyrna Code of Ordinances (WL)
MOTION: Councilman Lnenicka moved for approval. Motion was seconded by Councilman Wood and approved 7-
0.
(F) Approval of Ordinance 2011 -05, Repealing Section 66 -6, Public Intoxication, of Chapter 66 of City of Smyrna
Code of Ordinances (WL)
MOTION: Councilman Lnenicka moved for approval. Motion was seconded by Councilman Wood and approved 7 -0
(G) Approval of Ordinance 2011 -06, repealing Section 66 -11, Loitering, of Chapter 66, City of Smyrna Code of
Ordinances (WL)
MOTION: Councilman Lnenicka moved for approval. Motion was seconded by Councilman Wood and approved 7 -0
COMMERCIAL 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 April 4, 2011 Mayor and Council Minutes
(B) Award of RFP l l -022 for S. Cobb Drive Improvements to low bidder, Baldwin Paving Company, for
$1,075,219.40 and authorize Mayor to sign and execute related documents
(C) Approval of Inter - Agency Agreement between Cobb County and the City of Smyrna for the development of an
Alternative Analysis Study for premium mass transit within the US41 /I75 and CSX corridor (the Northwest Atlanta
Corridor) and authorize Mayor to sign and execute related documents
(D) Approval of partial road closure in the vicinity of Hawthorne Circle for a community outreach for children
gathering on May 21, 2011 from 12:00 Noon - 4:00 p.m.
(E) Approval of Property and Casualty Renewal with Georgia Interlocal Risk Management Agency effective May 1,
2011 and authorize Mayor to sign and execute related documents
MOTION: Council Member Lnenicka made a motion to approve the Consent Agenda. Motion seconded by Council
Member Smith and approved 7 -0.
COMMITTEE REPORTS:
Mayor Bacon acknowledged Councilwoman Pritchett, who had Ms. Susan Hiott present a report detailing March
statistics for Court Services and the open records requests and ordinance activities of the City Clerk's office. Council
Member Pritchett inquired about 104 in -court arrests indicated in the 2010 report and Ms. Hiott highlighted the
primary reasons for those arrests with Councilmember Pritchett offering a warning for all to avoid certain behaviors.
Mayor Bacon recognized Councilman Newcomb, who introduced Mr. Suddreth to deliver a report on statistics for
the Community Development department. Councilman Newcomb commented on the number of recent zoning
requests as indicative of a positive trend and Mr. Suddreth added that construction values were also experiencing an
increase and provided examples. Councilman Newcomb stressed the importance of this to property owners in the
City and Mr. Suddreth emphasized the significance of the absorption of vacant lots through recent rezonings.
April 18, 2011 9
Mayor Bacon acknowledged Councilwoman Anulewicz, who stated that there was no report from Human Resources
and yielded the floor with no report.
Mayor Bacon recognized Councilman McNabb, who introduced Ms. Ann Kirk of Keep Smyrna Beautiful. She
detailed recent events and statistics on volunteer hours and activities, and acknowledged the organizational efforts of
KSB Board members and staff in organizing the volunteer picnic. Ms. Kirk relayed the times and dates of upcoming
events including a change of location to the Wolfe Center for the shredding event, the annual garden tour, the
opening of the Smyrna farmer's market and the progress of the community garden plots. Councilwoman Anulewicz
inquired if plots were still available and Ms. Kirk responded that the application was on the Smyrna website for
anyone interested.
Councilman McNabb extended his endorsement of the garden tour and recognized Public Works Director Scott
Stokes, who commented on storm cleanup efforts and the areas affected. He detailed the status of continuing sewer
projects and encouraged citizens to inform public works department of potholes. Councilman Jimmy Smith queried if
public works crews checked pipes for blockages following storms and Mr. Stokes responded that while the city had a
pipe cleaning program to check 20% of pipes each year staffing was not available to do so after each storm. He
encouraged citizens to be vigilant in alerting the city to clogged pipes and the Councilman echoed his request.
Council Member Lnenicka thanked public works for their efforts and clarified for Smyrna residents that the west side
of Ridge Rd. was outside of city limits, thanking Mr. Stokes for his department's initiative in notifying the County of
the downed trees on their portion of the roadway. The Councilman then commented on sidewalk blockages and Mr.
Stokes replied that clean -up was continuing.
Councilman McNabb recognized the service of visiting American Council fellow Anastasia Moskvina and her
community outreach efforts, yielding the floor with no further report.
• Mayor Bacon acknowledged Councilman Smith who called upon Library Director Mr. Siegler to inform all present
of the exhibits and happenings at the library. He then introduced Public Relations Director Jennifer Bennett, who
referenced the events flyer included in the recent water bill and detailed upcoming events, mentioning the additional
availability of that information on the city website. Mayor Bacon informed all present of the golf tournament,
commenting that it was the city championship and open to the public.
Councilman Smith recognized Ms. Jodi Miller of the Wolfe Center to present the Parks and Recreation report. She
delivered a listing of upcoming events, including website and email contact information for interested volunteers.
Ms. Miller mentioned movie night and Mayor Bacon asked that she provide the date of the event, which was
Saturday May 7'h and provided at no charge.
Mayor Bacon acknowledged Councilman Lnenicka, who announced that Fire Chief Jason Lanyon would be
delivering a report but that none would be presented by the Police Department. Chief Lanyon commented on the
recent retirement of Mr. Jim Kerley and introduced his replacement Batallion Chief Eric Farmer, providing
background information to all present. Chief Lanyon detailed incidents of the recent storm and provided data on the
number of calls received.
Mayor Bacon asked Chief Lanyon to discuss the use of the City's siren. The Chief stated that the goal of the device
was to provide sufficient advanced warning to residents during severe weather conditions and that it was designed as
an outside warning system to notify citizens to go inside and seek additional information. He explained the three
primary circumstances under which the device was activated as being a tornado warning, a tornado or funnel cloud
sighting or when the area was included under a tornado watch. He emphasized that the standard was to error on the
side of safety to be proactive in providing advanced warning and that notifications were reliant on information
relayed by the National Weather Service. He commented on the state of the art technology of the siren and the hourly
monitoring and regular tests performed. Mr. Farmer addressed the Mayor and Council, thanking them for their
dedication and extending his commitment the City.
Councilwoman Anulewicz commented on the effectiveness of the siren and encouraged all present to look into
registering with Nixie for weather alerts. Councilman Lnenicka seconded her suggestion and thanked Ms. Bennett for
her efforts in getting the word out.
April 18, 2011 10
Council Member Lnenicka commented on upcoming resident meetings for Ward 6 issues including the zoning matter
addressed earlier and the Atlanta Rd. Median informational session. He highlighted some of the issues to be
addressed during the discussion about the median project and assured citizens that their input was valued and would
be incorporated as best possible, citing previous examples. He commented on an after school program at Campbell
High that he, along with Assistant City Administrator, would be attending and wished all a wonderful Easter holiday.
Mayor Bacon acknowledged Councilman Wood who called upon newly hired Finance Director Robert Porche, who
stated that he had no report.
Mayor Bacon recognized City Administrator Eric Taylor who formally welcomed Mr. Porche to his new position.
SHOW CAUSE HEARING
Mayor Bacon stated that there were none,
CITIZEN INPUT
Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, who commented on the deposits
collected by the water department and his opinion that those should be refunded after a year and not held until final
billing. He also discussed the controversy surrounding a personnel manager charged with financial indiscretions and
the City's knowledge of those activities.
Mayor Bacon recognized Ms. Judy Ussing, residing at 1005 Mill Pond Dr., who questioned the approval of the
decision to purchase the Highlands apartment complex and the subsequent sale of that property at a loss. She
expressed her concerns regarding the composition of the Downtown Development Authority members and the use of
tax revenue for real estate transactions in lieu of options such as offering raises for city employees.
With no
A. MAX BACON, MAYOR
Bacon announced the meetiggladjourpn d at 10:15 o'clock p.m.
D. HIOTT, CITY CLERK
M LENY PRIT EW, WARD 1 RON NEWCOMB, WARD 2
TERI ANULEWICZ, W D 3
CHARLES PETE WOOD, WARD 7
MIC EL MCNABB, WARD
ORDINANCE NO. 2011-04
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT
THE CODE OF ORDINANCES, CHAPTER 66, SECTION 66 -3, DISORDERLY
CONDUCT, CITY OF SMYRNA, GEORGIA, BE REPEALED.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That Section 66 -3 of Chapter 66, Disorderly Conduct, of the Code of Ordinances
of the City of Smyrna, Georgia, be repealed.
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 April, 20
Attest: A. Max Bacon, Mayor
Vu"tagn D. Hiott, City Clerk
City of Smyrna
JvAped as to form:
Scott Cochran, A
ORDINANCE NO. 2011-05
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT
THE CODE OF ORDINANCES, CHAPTER 66, SECTION 66 -6, PUBLIC
INTOXICATION, CITY OF SMYRNA, GEORGIA, BE REPEALED.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That Section 66 -6 of Chapter 66, Public Intoxication, of the Code of Ordinances
of the City of Smyrna, Georgia, be repealed.
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 A ril, 2 1,
A. Max Ba Mayor
Attest: qor
usan D. Hiott, City Clerk
City of Smyrna
Ap oved a to form:
Scott Coc an,
ORDINANCE NO. 2011-06
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT
THE CODE OF ORDINANCES, CHAPTER 66, SECTION 66 -11, LOITERING,
CITY OF SMYRNA, GEORGIA, BE REPEALED.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That Section 66 -11 of Chapter 66, Loitering, of the Code of Ordinances of the
City of Smyrna, Georgia, be repealed.
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 April, 20
A. Max Bac , Mayor
Attest:
I.
4saSMtHVott, City Clerk
City of Smyrna
App r ved as o form:
Scott Cochran, ey