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05-16-2011 May 16, 2011Mayor and Council Meeting May 16, 2011 All council members were present. Also present were City Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott Cochran, Assistant City Administrator Tammi Saddler, Public Works Director Scott Stokes, Community Relations Director Jennifer Bennett, Keep Smyrna Beautiful Director Ann Kirk, Parks and Recreation Director Steve Ciaccio, Finance Director Robert Porche, Human Resources Director Kay Bolick, Police Chief Stan Hook, Assistant Fire Chief Roy Acree, Library Director Michael Seigler, and representatives of the press. The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Max Bacon at 7:32 o'clock p.m. Mayor Bacon recognized Reverend Steve Lyle of Smyrna First United Methodist, who conducted the invocation and led all present in the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that there were none and that items 4(B), 4(C), 4(D) and 4(E) were tabled. MAYOR'S REPORT (A) Proclamation in Recognition of Poppy Day PAW Mayor Bacon asked the recipients to come forward and recognized Councilman Lnenicka, who read aloud the Proclamation, after which he presented it to members of the American Legion Auxiliary. Ms. Wanda Sue Johnson introduced herself, the new Chairperson Marilyn Roy and Auxiliary President Jewell Hoden, who thanked Mayor and Council and the residents of Smyrna for their generous support and donations. Ms. Hoden made known that every poppy was hand made by disabled vets and all proceeds were given back to the vets. Council Member Lnenicka announced that the poppies were not for sale but that donations were welcome. (B) Recognition of Jessie Coleman PTA Board Mayor Bacon recognized the Board Members of the Jessie Coleman Council PTA (JCC), asking that they discuss the accomplishments of that organization. Membership Chairman Mrs. Karleen McNabb introduced herself, President Shebra Thompson and Vice - President Natalie Johnson and explained that there were 18 schools in or near Smyrna that were part of their district. She shared with all present that JCC had the highest membership increase in the state with an average growth of 29 %. Mayor Bacon acknowledged the importance of the efforts of the PTA and Mayor and Council were invited to become members of the PTA. Ms. Johnson stated that all of the schools recognized at the Mayor's awards were in JCC and she thanked the City for their support. Mayor Bacon inquired if enrollment forms were available that evening and Ms. Thompson clarified that people could be members of more than one school. Mayor Bacon announced to all present that Smyrna resident, former Mayor Frank Johnson, had passed away and expressed his condolences. He spoke about his time on the council while Mayor Johnson was in office and provided details about the former Mayor's career and family, commending his dedication to the City of Smyrna. 0"M LAND ISSUES /ZONINGS /ANNEXATIONS: (A) Public Hearing - Rezoning Request Z11 -006 - Approval of a rezoning from R -15 to Limited Commercial - 0.4 Acre Tract - Land Lot 523 - 1306 Concord Road - George Dritsas (MM) May 16, 2011 2 Mayor Bacon asked the applicant to approach and acknowledged Mr. Eric Taylor, who read the background to all present and stated that staff recommended approval with conditions. Mayor Bacon recognized Mr. George Dritsas, announced a public hearing and asked any individuals wishing to be heard to step forward and be sworn in by the City Attorney. He acknowledged Councilman McNabb, who had Mr. Ken Suddreth provide an overview presentation of the property. Mr. Suddreth discussed details of the request and reviewed the nine conditions surrounding parking, right -of -way, privacy, appearance and tree health stating that Community Development recommended approval with those stipulations. Councilman McNabb questioned the process for determining an appropriate number of parking spaces and Mr. Suddreth explained there was a zoning formula, responding in the affirmative to the Councilman's inquiry that the proposed number would be adequate. Council Member McNabb questioned the location of the entrance to the parking lot and Mr. Suddreth replied that it considered traffic flow, topography of the land and the intent to avoid a driveway in close proximity to an intersection. There was discussion about the tree health stipulation and efficacy of the recommended feeder system. Mr. Suddreth responded in the negative to the Councilman's inquiry if the system was used in nearby municipalities and shared its benefit in small lot conversions and certain redevelopments, commenting on the applicant's willingness to install the system. Councilman McNabb asked if water pervious materials could be used to prevent sheet water run -off. Mr. Suddreth responded that the ordinance allowed the applicant to use such in construction but that the requirement was for a hard surface. Mayor Bacon acknowledged Councilman Ron Newcomb, who confirmed that parking would be on Dunn St., discussed the need for an easement on the front of the property and stated his support for the decision to avoid establishing a turn at a steep curve. There was discussion about the site plan approvals, the decision not to change land use plans and the fact that the property could be restored to residential if desired. Councilman McNabb asked the applicant if he already had a tenant or target tenant identified for the property and Mr. Dritsas stated that he would be the one utilizing the facilities for his company, explaining the nature of his business and confirming the number of employees at two. Council Member McNabb inquired about the hours of operation and the applicant provided a response. Mayor Bacon acknowledged Councilman Lnenicka, who asked the applicant if he planned to remodel or tear down the existing structure. Mr. Dritsas stated his intention was to improve the property as a showcase for his building and remodeling business. Councilman Lnenicka confirmed that this would have a positive overall impact on the appearance of the property in question. Mayor Bacon called for input and Mr. Mark White, residing at 3040 Dunn St. stated his concerns about potential water run -off problems similar to those previously experienced that resulted in personal expenses being incurred. He commented on the proposed run -off and retention pond and asked for details. He also questioned the amount of subcontractor traffic that would be generated as a result of this business. Councilman McNabb asked that Mr. Suddreth review the site plans and the process of locating and installing the retention pond. There was discussion about controlling sheet -flow using pervious materials in the parking lot. Mr. Suddreth confirmed that the City Engineer would work with the applicant to address drainage issues. Council Member McNabb asked the applicant to elaborate on the frequency and traffic level of subcontractors on the premises. Mr. Dritsas commented that their presence would be only on paydays and staggered. Mayor Bacon commented on the narrowness of Dunn Street, inquiring about the size of vehicles operated by the subcontractors and Mr. Dritsas responded that no heavy commercial vehicles would be present. Councilman McNabb confirmed that Mr. Dritsas' area of specialization was residential, commenting on the condition of the property in question and the potential value to the community of improvements at that location. Council Member Lnenicka stated that on this commercial property there was no detention pond requirement and asked the applicant if he was confident renovations could be performed without harm to the trees or significant May 16, 2011 3 environmental impact. Mr. Dritsas stated his willingness to work with the City Engineer, as well as his neighbor MOM Mr. White, to help responsibly improve the City. Councilman Lnenicka addressed the use of pervious materials and Mr. Dritsas expressed his inclusion of green living as part of his business, sharing with all present that the tree preservation system and ways to limit sheet -flow could be showcased on his property. Councilman Smith asked that Mr. Scott Stokes speak about storm water drainage on Dunn St. and there was discussion about the locations of catch basins, the flow of water through that neighborhood, the topography of the subject property and the possibility of directing water to the curb. Mr. Stokes made known that major grading would be required and might not be effective in getting the water off the property and to the curb. Councilman McNabb commented favorably on Mr. White's character as an upstanding citizen and spoke highly of the potential working relationship between Mr. Dritsas and Mr. White. MOTION: Council Member McNabb moved to approve Rezoning Request Z11 -006 - Approval of a rezoning from R -15 to Limited Commercial - 0.4 Acre Tract - Land Lot 523 - 1306 Concord Road - George Dritsas with 9 stipulations (see Attachment A). Motion was seconded by Councilman Lnenicka. Councilman Newcomb stated his support of the proposed renovation, expressing his gratitude to Mr. Dritsas for the intended improvements and his commitment to maintaining consistency and conformance to the area. Motion approved 7 -0. Councilman McNabb again encouraged Mr. Dritsas to consider the installation of a pervious surface even though it was not a requirement. Mayor Bacon stated that 4(B), 4(C), 4(D) and 4(E) would be tabled and read them aloud. (B) Public Hearing - Rezoning Request Z11 -003 - Zoning change from General Commercial (GC) to GC Conditional - 1.75 Acre Tract - Land Lot 810 - 2528 and 2550 Spring Road - RaceTrac Petroleum, Inc. (MP) To be tabled to the June 20, 2011 meeting at the request of the applicant Mayor Bacon asked for public input. There was none. MOTION: Councilwoman Pritchett moved to table Rezoning Request Z 11 -003 - Zoning change from General Commercial (GC) to GC Conditional - 1.75 Acre Tract - Land Lot 810 - 2528 and 2550 Spring Road - RaceTrac Petroleum, Inc. to June 20, 2011. Motion was seconded by Councilman Wood and approved 7 -0. (C) 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 - Tabled from April 18, 2011 - To be tabled to June 6, 2011 meeting MOTION: Councilman Newcomb moved 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 to June 6, 2011. Motion was seconded by Councilman McNabb and approved 7 -0. (D) Annexation request (100% of owners requesting annexation) - Land Lot 663, Parcels 3 and 4 - 17`h 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 - Tabled from April 18, 2011 - To be tabled to June 6, 2011 meeting May 16, 2011 4 MOTION: Councilman Newcomb moved 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) to June 6, 2011. Motion was seconded by Councilwoman Pritchett and approved " 7 -0. (E) 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 - Tabled from April 18, 2011 meeting - To be tabled to June 6, 2011 meeting MOTION: Councilman Newcomb moved to table 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 to June 6, 2011. Motion was seconded and approved 7 -0. PRIVILEGE LICENSES: Mayor Bacon stated that there were none. FORMAL BUSINESS: (A) Approve purchase of property located at 0 Birch Street and authorize the Mayor to sign related Documents Mayor Bacon stated that the subject property was located near Powder Springs St. and identified it as the vacant lot running next to the creek. He acknowledged Mr. Taylor, who provided background on the City's intent to clean up the two acres and add it to the park's inventory at a cost of fifteen thousand dollars. '"'"' (B) MOTION: Councilman Smith moved to approve purchase of property located at 0 Birch Street and authorize the Mayor to sign related Documents. Motion was seconded and approved 6 -1 with Councilman Lnenicka opposed. COMMERCIAL BUILDING PERMITS: (A) Approval of the issuance of the building permit for Kroger - 3240 South Cobb Drive - The Kroger Company (MM) Mayor Bacon acknowledged Mr. Eric Taylor, who provided the background to all present along with details of the build and stated that staff recommended approval. Councilman McNabb commented that it was good to see this project moving forward and reflected on comments by citizens who claimed the Kroger project would not take place. He shared with all present that the building would be 94,598 sq. ft. of new construction provided permit cost. Mayor Bacon expressed that this would be the largest Kroger in the state and that he was proud to have them in Smyrna. MOTION: Councilman McNabb made a motion to approve the issuance of the building permit for Kroger - 3240 South Cobb Drive - The Kroger Company. Motion was seconded and approved 7 -0 CONSENT AGENDA: Mayor Bacon acknowledged Mr. Eric Taylor, who read the consent agenda. (A) Approval of May 2, 2011 Mayor and Council Meeting Minutes (B) Authorize Resolution R2011 -02, relating to conducting a referendum on whether to allow Sunday alcohol sales in the City of Smyrna May 16, 2011 (C) Award RFP 11 014 to lowest bidder Atlanta Demolition for demolition services for the Hickory Lake Project for $1,284,995.00 and Mayor to sign and execute related documents (D) Award RFP 11 016 to the lowest bidder Enviropro CEP for asbestos abatement services for the Hickory Lake Project for $728,800.00 and authorize the Mayor to sign and execute related documents (E) Approval and Adoption of revised EMP 14 -0 Performance Appraisal Policy (F) Approval of street closing of Hughes Street from the intersection of Hughes and Powder Springs Street to intersection of Brown Circle and Hill Street from 4:00 p.m. - 7:00 p.m. on Saturday, June 4, 2011 for neighborhood party (G) Approval of Construction Agreement between Department of Transportation State of Georgia and City of Smyrna for Atlanta Road Multi -Use Trail from Spring /Concord Road to Ridge Road and Mayor to sign and execute documents MOTION: Councilman Lnenicka made a motion to approve the consent agenda. Motion was seconded by Councilman Wood and approved 7 -0. COMMITTEE REPORTS: Mayor Bacon acknowledged Council Member Wood, who expressed his condolences to the family of Former Mayor Frank Johnson. Mayor Bacon recognized Councilman Lnenicka, who extended his condolences to the family of Former Mayor OWO Johnson and congratulated the class of 2011, recognizing his neighbor Maria Coyne's matriculation. He informed all present of the resignation of the Executive Director of Woodland Ridge, Valoree Ham - Goines, praising her successful efforts in maintaining a high standard at the senior living facility. Councilman Lnenicka commented on the great turnout and extensive positive feedback for movie night at Taylor - Brawner Park. He mentioned the upcoming school redistricting meeting and provided details, after which he shared with all present that he, along with Councilman McNabb, attended a meeting with the Forest Hills preservation group. He informed all present of the upcoming Collier Gates homeowners meeting and discussed details of Smyrna's Memorial Day celebration including speakers, displays, events and entertainment scheduled. Councilman Smith yielded to Councilman Wood, who requested that Finance Director Robert Porche present his report. Mr. Porche relayed the budget numbers from April, 2011 which included an increase in economic indicators such as building inspections and business licenses and Mr. Porche stated that revenue was in excess of expenditures, after which he handed over the report to Mayor Bacon. Councilman Wood commended Mr. Porche and his staff on the quality of their work. Mayor Bacon acknowledged Councilman Smith, who called upon Public Relations Director Jennifer Bennett. Ms. Bennett encouraged all to attend the Smyrna Fresh Produce Market, open on Saturdays, and mentioned the upcoming Bike Rodeo and wine stroll. Councilman Smith recognized Mr. Steve Ciaccio, who discussed the City's first annual bike rodeo and provided details of the event. He also spoke about the City's first "Its My Park Day ", stressing the great opportunity for park stewardship and community partnership. Councilman Smith acknowledged Mr. Mike Seigler, who presented information on library statistics, current exhibits, Cobb works dates and upcoming events. He informed all present that registration for the summer reading club was open and provided details about the program. Councilman Lnenicka asked if a celebration would be held for the 20th anniversary of the Friends of the Library and Mr. Seigler responded that, due to timing, a preference had been expressed to honor the library's 75th anniversary. Councilman Smith addressed residents and businesses located near the Hickory Lakes demolition site, asking for their patience during redevelopment. He commented on the excellent turnout at the Mayor's Awards. May 16, 2011 6 Mayor Bacon recognized Council Member McNabb, who expressed his appreciation to Ms. Ann Kirk and Ms. Virginia Davis for their efforts in coordinating the recent garden tour and thanked those participants that had welcomed the community into their home gardens. Ms. Ann Kirk commented that nearly 200 people attended"", and recognized the efforts of Liz Davis and Gina Bridges, along with their committee members. She thanked the homeowners for sharing their resources and knowledge and read aloud their names, after which she invited anyone interested in volunteering for next year's event to contact Keep Smyrna Beautiful. Ms. Kirk commented on the success of the community garden project and shared details of the Smyrna Fresh Market. Councilman McNabb commented on successes in the City despite difficult economic times; the community gardens, fresh market, a national award received for best new city website, the City's responsiveness to its citizens, an increased bond rating from Al to A2, a balanced budget, a permit issued for the state's largest Kroger and an exceptional level of volunteerism. He recognized the efforts of Public Relations Director Jennifer Bennett, the careful attention of employees to budgetary concerns and the Mayor's excellence in education program. Councilman McNabb stated that he was proud to be a member of the Smyrna community and announcing his intention to run for office as Councilman of Ward 4 in upcoming election. Mayor Bacon acknowledged Councilwoman Anulewicz, who commented on the upcoming bike rodeo. She addressed the approval of the referendum for Sunday alcohol sales and stated that there was a nominal cost involved in adding this to the ballot during an election year. She shared her delight in being able to take part in honoring parents and students as part of the Mayor's awards and provided details on the redistricting meeting. She made known a second meeting, to take place on June 2nd at Campbell Middle School and expressed her excitement at being able to have conversations with the County and Tim Stultz, stating her opinion that this was a critical time for education in Smyrna and that the Council fully supported the local schools. Mayor Bacon recognized Councilman Newcomb who commented on the attendance at the Mayor's Awards and,,, praised the recipients as pillars of the community. He called upon Jim Croy to discuss the Campbell Bridge Road project, inquiring about the delay in activity. Mr. Croy explained that the relocation of utilities was required prior to the further work being performed and there was discussion about issues with Georgia Power and the anticipated timeframe for resolution of those matters. Mayor Bacon acknowledged Council Member Pritchett, who asked City Clerk Susan Hiott to provide a report on court statistics. Ms Hiott discussed the types and number of cases, open records requests and ordinances for the month of April and mentioned the referendum on the agenda, clarifying that if approved in the city elections it would become effective January 1, 2012. Councilwoman Pritchett lauded the garden tour, the sites visited, the food and those that donated time and goods to making the event a success, encouraging all to attend next year's event. She expressed her support for the Mayor's awards event and congratulated Councilman McNabb on becoming a grandfather, after which Council Member McNabb talked about the birth of his grandson and informed all present that mother and baby were doing well. Mayor Bacon asked if there were any further reports. There were none. SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. CITIZEN INPUT: ..." Mayor Bacon acknowledged Alex Backry, residing at 3459 Shawnee Trail, who questioned the involvement of a marketing firm for Hickory Lakes and the City's investment in that property. He informed all present that he, and another, had made independent calls to Smyrna Commons apartments and were offered one year leases. He reminded all present of the impending demolition of that property and recommended that the Mayor and Council investigate. He shared statistics on Smyrna Commons and opined that not only was it not profitable but May 16, 2011 7 that the City had the burden of property maintenance and would have $186,436.25 due in interest as of June 1, 2011. Mr. Backry discussed the undeveloped property adjacent to Belmont Hills and expressed his concerns about its proximity to the new school. Councilwoman Pritchett inquired about the interest payment due date, addressing the City Administrator and City Attorney for a response. Mr. Taylor informed all present that there was an interest payment due on Smyrna Commons but that none was due on Hickory Lakes until 2014. Scott Cochran stated that there was a capitalized interest fund for Smyrna Commons and Councilwoman Pritchett confirmed that the money was already provided for with responses in the affirmative from both Mr. Taylor and Mr. Cochran. Mayor Bacon offered his condolences to Former Mayor Frank Johnson's family. He shared with all present that Grant Rivera, who was leaving Campbell High School to accept a Fulton County School position, would be sorely missed. Mayor Bacon expressed his opinion that Mr. Rivera was the best principal at any high school in the state of Georgia and that his involvement in the Smyrna community meant a great deal and wished him success. ADJOURNMENT With no further business, the meeting was adjourned at 9:05 o'clock p.m. 'Zo //.fl ci /Y1 f) A. MAX BACON, MELLENY 7TCHEfT, WARD 1 TM ANULEWICZ, RD 3 N U. HIU 1 1, l-I I Y ULLK& RON NEWCOMB, WARD 2 MICR EL MCNABB, W 4 iE S. LNENICKA, WARD 6 CHARLES PETE WOOD, WARD 7 ATTACHMENT A MEETING OF May 16, 2011 WARD /COMMITTEE 4 ITEM NUMBER Zl 1 -006 $ IMPACT N/A ISSUE: Approval of a rezoning from R -15 to LC at 1306 Concord Road. SUMMARY: The applicant is proposing a rezoning from R -15 to LC for the use of the existing structure as an office building. The subject parcel is currently being used as a single- residence and is one of the last single - family residences remaining on this portion of Concord Road. The applicant is proposing to construct six (6) parking spaces to accommodate business generated by the office building. These parking spaces will be accessed from Dunn Street. BACKGROUND: The rezoning request was heard by the Planning and Zoning Board at the April 11, 2011 meeting and was approved by a vote of 4 -0. STAFF RECOMMENDATION: Community Development recommends approval of the proposed rezoning from R -15 to LC for use as an office building with the following conditions: 1. The applicant must provide six parking spaces in substantial compliance with the parking plans shown on the tree preservation and replacement plan designed by Land Answers and dated 1/19/2011. 2. The applicant shall dedicate the required amount right -of -way and along Concord Road and Dunn Street for the completion of the Concord Road Project. In addition to the right -of -way dedications, the applicant shall also provide all necessary construction easements. The applicant shall remain in contact with the City Engineer for the right -of -way dedication which shall be based upon the final design of the project. All right -of -way dedications and construction easements must be completed prior to the issuance of any building permits or business licenses. 3. The applicant shall extend the existing 5' sidewalk along Dunn Street for the length of the property. 4. The stormwater detention facility shall be placed and screened appropriately to be unobtrusive to homes outside the development. The stormwater detention plan shall be designed to create at least a 10% reduction in a 2 -year to 100 -year storm event. The City Engineer shall approve all plans. 5. There shall be no bells, whistles, or outdoor loud speakers permitted on site in conjunction with the commercial use. 6. Any proposed dumpsters shall be surrounded by a three -sided brick enclosure with an opaque gate in the front. The lid of the dumpster shall be made of rubber. 7. The applicant shall install or maintain a 6' tall opaque fence along the southern property line that is adjacent to single- family residences. 8. The applicant shall install two (2) four inch (4 ") caliper overstory trees along the Concord Road street frontage. 9. The applicant In order to promote the health of the 23" Oak and 25" Elm trees as indicated on the submitted tree protection plan dated 01/19/11, the applicant shall install a permanent root zone aeration /feeding system within the area of the critical root zones impacted by the proposed parking area. Community Development recommends a WANE 3000 Tree Feeder System or comparable product for this project. REQUESTED ACTION: Mayor and Council hold a public hearing per Section 1504 of the Smyrna Code. R- 2011 -02 Resolution calling for referendum to allow the citizens of the City of Smyrna, Georgia to vote on whether to authorize retailers to sell by package, malt beverages, wine and distilled spirits, on Sundays between the hours of 12:30 p.m. and 11:30 p.m. effective January 1, 2012 Whereas, the City of Smyrna, Georgia (hereinafter referred to as the "City ") is a municipality duly formed and existing pursuant to Georgia law; and Whereas, the General Assembly of the State of Georgia has enacted legislation authorizing the City to permit and regulate package sales by retailers of malt beverages, wine and distilled spirits on Sundays between the hours of 12:30 p.m. and 11:30 p.m. if such sales are approved in a referendum by the electors of the City voting in an election as called and conducted in a manner authorized under O.C.G.A. 21 -2 -540; and Whereas, the City of Smyrna, Georgia, has the legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general laws, and which are not inconsistent with the Constitution or any charter provision applicable thereto; and Whereas, the Mayor and Council of the City, in compliance with the laws passed by the General Assembly, desire to allow the citizens of the City to vote their desires with respect to the authorization of the City to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 p.m. and 11:30 p.m. effective January 1, 2012. Now, therefore, be it resolved and ordained by the Mayor and Council of the City of Smyrna, by the lawful authority vested in them, that the City shall permit and regulate package sales by retailers of malt beverages, wine, and distilled sprits on Sundays between the hours of 12:30 p.m. and 11:30 p.m., effective January 1, 2012 as authorized by O.C.G.A.'3 -3 -7 (q) (1) or such other laws as may authorize such sales; and Now, therefore, be it resolved and ordained by the Mayor and Council of the City of Smyrna, Georgia, by the lawful authority vested in them, that the sale by package of malt beverage, wine, and distilled sprits shall be subject to approval of the electors of the City by vote in a referendum to be called in accordance with the laws of the State of Georgia and that the election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under O.C.G.A. 21 -2 -540 and any and all other applicable laws, if any. This day of 2011 Sus in Hiott, City Clerk City of Smyrna, Georgia A. Max Bacon, Mayor City of Smyrna Approved as to form: cott Cochran, City Attorn