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06-20-2011 June 20, 2011June 20, 2011 Mayor and Council Meeting June 20, 2011 All council members were present. Also present were City Administrator Eric Taylor, City Attorney Scott Cochran, Deputy Clerk Samantha Kasraie, Finance Director Robert Porche, Assistant City Administrator Tammi Saddler, Community Relations Director Jennifer Bennett, Community Development Director Ken Suddreth, Fire Chief Jason Lanyon, Police Chief Stan Hook, Human Resources Director Kay Bolick, Public Works Director Scott Stokes, Keep Smyrna Beautiful Director Ann Kirk, Library Director Michael Seigler, Parks and Recreation Assistant Director Tanya Jackson, City Planner Rusty Martin, Budget Manager Monica Jones, Benefits Coordinator Meredith Brown, Recreation Coordinator Jodi Mills, Wellness Coordinator Brandy Fortson 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 7:30 o'clock p.m. Mayor Bacon informed all present that Pastor Alan Scott of Cumberland Community Church was not in attendance and recognized Councilman McNabb, who conducted the invocation and led all present in the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that item 4(C) would be tabled until the July 18, 2011 meeting. MAYOR'S REPORT Mayor Bacon announced the recognition of Smyrna's "Get Fit" challenge winners and called upon Kay Bolick, who stated this challenge was the spring event and introduced Meredith Brown and Brandy Fortson to provide details to all present. Ms. Brown offered a summary and background of the program and Ms. Fortson outlined the challenge categories, announcing the award recipients. Prizes were for given for three achievements; largest percent body fat lost, largest muscle mass gained and largest amount of weight lost in pounds. Winners included Kay Bolick, Meredith Brown, Jodi Mills, Rosemary Rivera, Jason Lanyon, Cynthia Sanh and Colleen Harris. Mayor Bacon inquired about the competition's start date and was told it was a three month event that had begun the April prior. He received an affirmative response to his question about another challenge being forthcoming and expressed his gratitude for these programs, emphasizing the positive benefits for both the employees and the City. LAND ISSUES /ZONINGS /ANNEXATIONS (A) Public Hearing- Approval of Ordinance #2011 -11, code amendment to the City of Smyrna Zoning Ordinance regarding the creation of a new zoning district called RM -15 Redevelopment District which will allow for the redevelopment of existing apartment complexes Mayor Bacon acknowledged Mr. Taylor, who provided the background to all present. Mr. Taylor announced that the proposed amendment was heard by the Planning and Zoning Board on June 13, 2011 and was mom recommended for approval by a vote of 3 -0. Mr. Taylor stated that the new zoning was designed to further encourage redevelopment of the City's older apartment complexes and that staff recommended approval. Mayor Bacon declared a public hearing and asked for input. None was given. Councilman Newcomb was recognized and he called upon Mr. Suddreth to deliver a presentation of the proposed amendment. Mr. June 20, 2011 2 Suddreth stated that there were some changes recommended by staff and outlined the details of the proposed ordinance. Mr. Suddreth elaborated on the definition of "Class A" space and how that would be qualified and monitored as it pertained to redevelopment requirements and the changing nature of the industry standards. Mr. Suddreth highlighted that significant changes were being made in modifying square footage and lot coverage and reviewed the affected table, stating that staff recommended approval. Mayor Bacon asked for clarification on the definition of a "Class A" apartment. Mr. Suddreth responded that in addition to price point, quality standards involved upgraded interior finishes, appliances, windows, facades consisting of a combination of materials and a variety of amenities, stating that these examples were only a partial accounting of criteria used to determine if an apartment was considered "Class A ". Councilman Newcomb asked who the arbiter would be for determining classification and Mr. Suddreth responded that in addition to Community Development it would ultimately be Mayor and Council, who was responsible for the approval of plans and rezoning requests for redevelopment projects within the City. Council Member Newcomb inquired if, in Mr. Suddreth's opinion, the burden of proof was on the applicant to demonstrate compliance with "Class A" standards and Mr. Suddreth responded in the affirmative, emphasizing that one of the requirements for receiving the new RM -15 designation was that an existing complex be on the subject property. He elaborated that this requirement would not open new areas for development of apartments and was designed to encourage older complexes to upgrade. Mayor Bacon asked if Mr. Suddreth would classify any existing Smyrna apartments as "Class A" and Mr. Suddreth replied in the negative. Mayor Bacon called again for public comment and there was none. Councilman Newcomb commented on the ongoing efforts of the Mayor and Council to address the number and quality of apartments in the City of Smyrna and the importance of the new districting to providing redevelopment options. He discussed the existing choices of converting older apartments to other types of housing, or tearing down distressed complexes, commenting that this third option would provide a tool to work with owners and developers to enhance the quality of existing housing. Councilman Newcomb discussed the impact of the apartment moratorium in Smyrna and that it had been beneficial but had also resulted in a lack of newer complexes. He stressed again that the new designation would be for redevelopment only and did not open the door for new apartment sites. He expressed his belief that the quality of life in the City is inexorably tied to the quality of the schools and that low transiency rates benefit the public school system and the community as a whole. Councilman McNabb pointed out that the moratorium had worked to artificially limit private investment in the area and that this had been a topic of consideration for years. He opined that the moratorium had functioned as a double edged sword that had stopped the proliferation of apartments but not permitted any new competitive investments to come into the community. He shared that it allowed for a disincentive for businesses to stay refreshed and updated and that he was glad council had embraced the proposed redevelopment option. He stated that he believed the moratorium had outlived its usefulness and that the marketplace should determine where and when to invest, resulting in the replacement of aging properties and serving the interests of all involved. MOTION: Councilman Newcomb moved to approve Ordinance #2011 -11, code amendment to the City of Smyrna Zoning regarding the creation of a new zoning district called RM -15 Redevelopment District which will allow for the redevelopment of existing apartment complexes. Motion was seconded by Councilman w.. McNabb and approved 7 -0. June 20, 2011 Councilman Newcomb clarified, for the record, that the approved ordinance contained the amended increased sizes introduced during the presentation and Mr. Suddreth affirmed that it did. (B) Public Hearing - Approval for the extension of work hours for the pouring of concrete for The Crossings project - Land Lot 413 - 3240 South Cobb Drive - Kroger Company Mayor Bacon asked if any representatives frorn the Kroger Company were present and received no response. He acknowledged Mr. Taylor, who read the background to all present. Mr. Taylor stated that Kroger was seeking a variance for concrete operations on the Crossings project for eight (8) working days with pours to begin at 10:00 p.m. and be completed by 12:00 a.m. the next day. He elaborated that the project would take a total of four (4) pours to complete and the pours would be conducted over a two (2) week period with pours occurring Monday thru Friday and no pours planned for the weekends. Mr. Taylor stated that staff recommended approval with conditions. Mayor Bacon stated this was a public hearing and asked for input. There was none. Mayor Bacon acknowledged Councilman McNabb, who stated his pleasure at seeing development proceeding in the City and declared that his preference was to extend hours to facilitate expedited construction. MOTION: Councilman McNabb moved to approve for the extension of work hours for the pouring of concrete for The Crossings project - Land Lot 413 - 3240 South Cobb Drive - Kroger Company, with the stipulation that none of the pouring was planned or would be allowed on the weekends. Motion was ' seconded by Councilman Smith and approved 7 -0. (C) 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. Tabled to the June 20, 2011 meeting at the request of the applicant - To be tabled to July 18, 2011 Meeting Mayor Bacon commented that the item was tabled and acknowledged those present that might wish to speak. Councilwoman Pritchett shared with all present the reasons the rezoning request had been tabled, explaining that the parties involved had changed and that new documentation had to be prepared prior to proceeding. MOTION: Councilwoman Pritchett moved to table 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. to July 18, 2011 meeting. Motion was seconded by Councilman Newcomb and approved 7 -0. PRIVILEGE LICENSES: (A) Public Hearing - new owner and agent - retail pouring sales of beer wine and liquor- Grant's Bar & Grill - Charles Grant -2997 Cumberland Blvd STE 100 Mayor Bacon inquired if the applicant was present, asked him to step forward and acknowledged Mr. Taylor who provided the background. Mr. Taylor shared with all present that Mr. Grant had been provided with a copy of the alcoholic beverage ordinance, had attended the mandatory alcohol awareness workshop and that a background check by the police department had failed to produce any reason that the license should not be granted. He stated that staff had reviewed the request and recommended approval. June 20, 2011 4 Mayor Bacon stated that this was a public hearing and asked for public comment. There was none. Mayor Bacon acknowledged Councilwoman Pritchett, who asked the applicant to discuss his recent professional experience. Mr. Grant replied that he had been playing professional football in the NFL for the past 9 years and there was discussion around that topic. Councilwoman Pritchett confirmed the applicant's training, qualifications and level of comfort with the City's alcohol ordinances and procedures and Mr. Grant provided assurances. There was conversation about the number of employees, type of menu and hours of operation anticipated. She stressed the importance of compliance and that all employees understand the consequences of serving to underage drinkers. Mr. Grant shared his commitment to adhering to the City ordinances. Councilman Lnenicka inquired about the grand opening date and Mr. Grant responded that it was anticipated at the end of July or beginning of August. The Councilman stressed the importance of compliance and asked Mr. Grant what plans were in place for when Mr. Grant was actively engaged in his normal profession. Mr. Grant explained that he had someone, fully trained, that would be responsible in his absence. He also discussed the type and extent of training that would be required for employees. Mr. Lnenicka thanked him for his detailed answers and wished him luck. Councilwoman Pritchett asked Mr. Grant if he had any questions for Mayor and Council and Mr. Grant asked about permitting for Sunday sales. Mayor Bacon responded that if the license was approved that he would be able to apply for Sunday sales, late sales and beer and wine pouring permits. Councilwoman Pritchett inquired what the business hours would be and there was discussion about the likelihood of additional licenses being necessary after which she welcomed Mr. Grant to Smyrna. -* MOTION: Councilwoman Pritchett moved to approve new owner and agent - retail pouring sales of beer wine and liquor- Grant's Bar & Grill- Charles Grant -2997 Cumberland Blvd STE 100. Motion was seconded by Councilman Lnenicka and approved 7 -0. Mayor Bacon stated his pleasure at seeing a business going into a previously closed facility and that he appreciated Mr. Grant's commitment to ensuring his employees did the right thing. Mayor Bacon commented that no matter how great the training program or committed the owner, that sometimes things happened and that it was the employees themselves that suffered the consequences. He informed Mr. Grant that he was glad to have him in the City and wished him luck. There was discussion about Mr. Grant's hometown and Councilman Newcomb suggested that Mr. Grant consider volunteering with some of the Smyrna schools. FORMAL BUSINESS: (A) Adoption of FY 2012 Budget Mayor Bacon stated that this was the second hearing of the budget and acknowledged Mr. Robert Porche, who confirmed the second reading and highlighted modifications made since the first reading. He mentioned the conversion of the event planner position from two part -time staff to one full and communicated the need for increased funding necessary to perform roof repair at the jail. Mr. Porche discussed the Cobb Park kidscape and informed all present that staff would be searching for additional funding. He mentioned that the fee schedule had been updated to include fire inspection charges for multiple violations and repeat inspections and that it also reflected the proposed increased utility deposit for covering costs of replacement containers. He shared with all present that Parks and Recreation would coordinate with the Wolfe Center to June 20, 2011 $ arrange for several pool therapy entities to utilize the facilities, at a pre- determined "rental rate ", with Parks •• and Rec. managing the schedule to ensure that the general public's use of those facilities would not be adversely affected. Mr. Porche concluded with providing the general fund total budget numbers, special revenue fund and water /sewer fund totals. Councilman Wood commended Mr. Porche, Monica Jones, Eric Taylor and the department heads that worked hard to compile the budget. He announced the public hearing and welcomed comment. There was none. He again lauded staff for their efforts and successful budget given the current state of the economy. Mayor Bacon mentioned that there were some outstanding issues and commented that those issues were minor and should not preclude the adoption of the budget. Councilwoman Anulewicz thanked Mr. Porche for a seamless transition into his new role during a busy time of year and for the wonderful job that he, along with Ms. Jones had done in presenting the budget and answering the Mayor and Council's questions. She stated that the budget was a testament to the commitment of employees who, for several years, had made smart and tough decisions, enabling the City to ride out tough economic times without disruption of service to the citizenry. Mr. Porche commented on the spirit of cooperation amongst the department heads and that he considered it proof of the quality of the group assembled by the City. Mayor Bacon recognized Councilman Lnenicka, who echoed comments thanking Mr. Porche and staff and recognized the leadership of Mr. Taylor and Ms. Saddler in completing the budget smoothly and with minimal hardship. The Councilman stated that the success of the budget was a testament to the Now professionalism of staff and that he was appreciative of the sacrifices made by employees and their ability to maintain outstanding customer service during a time of hardship. He shared that the budget was not ideal for any one person but represented a good balance between the wishes and needs of staff, Mayor and Council and the citizens. Councilman Lnenicka stated his pleasure that taxes were not going to be increased and that staff had done a great job of controlling expenses and not overspending. He acknowledged that employees had foregone raises for three years, as had Mayor and Council, in order to help get through the tough economic times and thanked all for their hard work, stating his intention to support the budget. Councilwoman Pritchett praised Mr. Porche as being the ultimate professional, coming into a new position, contacting all department heads, rapidly getting up to speed, taking initiative and knowing what questions to ask. She expressed her gratitude to him and to all the employees of the City. Councilman McNabb thanked his fellow elected officials for their dedication to achieving a balanced budget and for the absence of political bargaining when addressing budgetary matters. He shared with all present that no time had been wasted on posturing for votes, thanking each and every member of council for their professionalism, opining that such focus and cooperation could be beneficial at all levels of government. MOTION: Councilman Wood moved to approve the adoption of FY 2012 budget. Motion was seconded by Councilman Lnenicka and approved 7 -0. (B) Public Hearing and approval of Charter Amendment - Ordinance 2011 -07 - Amending Section 6 Election days Mayor Bacon recognized Mr. Taylor, who provided the background to all present. He stated that Section 6 of the Charter did not reflect the current election day according to the official code of Georgia annotated O.C.G.A. 21 -2 -9 and that a public hearing was held at the last meeting to correct this, with the vote being held at this evening's meeting. June 20, 2011 6 He informed all present that as of 2011, the election of mayor and all seven (7) councilmen would take place on the Tuesday next following the first Monday in November in each odd numbered year. Mayor Bacon stated that this was a public hearing and asked for public input. There was none. He stated that this was to get the City back in line with State requirements and acknowledged Councilman Wood. MOTION: Councilman Wood moved to approve Charter Amendment - Ordinance 2011 -07 - Amending Section 6 Election days. Motion was seconded by Councilman Smith and approved 7 -0. Mayor Bacon stated that this was a public hearing and asked for public comment. There was none. 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 June 6, 2011 Mayor and Council Meeting Minutes (B) Approval of various road closures for 3rd Annual 5K Run and I K Walk on Saturday, October 22, 2011 from 7 AM to 9:30 AM by Vision Rehabilitation Services of Georgia (at Sanford Place and throughout route along Powder Springs, across Hamby, down King to Church Street and back to Cobb Park) (C) Approval to use Council Chambers on June 30, 2011 from 7:00 pm - 8:00 pm for Williams Park Neighborhood and the Smyrna Historical Society on retrieved history of Williams Park (D) Appointment of new permanent and additional alternate members to the License and Variance Board - Assistant City Administrator Tammi Saddler and City Engineer Keith Williams as permanent members, and City Administrator Eric Taylor, Finance Director Robert Porche, and Public Works Director Scott Stokes as additional alternate members along with current members Fire Chief Jason Lanyon, Deputy Fire Chief Roy Acree, and Chief Building Official Robin Broyles (E) Approve Transfer of $300,000 to Capital Projects Fund (F) Award RFP 11 -024 to Tyler Technologies MUNIS for $836,925 for financial software ERP system and authorize the Mayor to sign contract documents for this purchase MOTION: Councilman Lnenicka made a motion to approve the consent agenda. Motion was seconded and approved 7 -0. COMMITTEE REPORTS: Mayor Bacon acknowledged Council Member Pritchett, who stated that City Clerk Susan Hiott was on vacation and recognized Deputy Clerk Samantha Kasraie, who presented statistics for Court Services for the month of May. Councilwoman Pritchett shared with all present the status of the Campbell Road bridge project, communicating that all necessary paperwork had been signed and that once Georgia Power began relocating telephone polls that bridge closure notification signs would go up. She estimated 4 -6 weeks, contingent upon the progress of Georgia Power, stating that the City understood this project represented an June 20, 2011 7 imposition on some but was confident that people would be happy with the improved bridge, sidewalks, enhanced pedestrian safety and wider bridge. Mayor Bacon recognized Councilman Newcomb, who thanked Councilwoman Pritchett for the Campbell Road update and called upon Ken Suddreth to present a report a community development report. Mr. Suddreth shared that the month of May was exceptionally successful with a significant increase in activity and development throughout the City and provided details. Councilman Newcomb commented on Mr. Suddreth's report, stating that it was encouraging not just because of the dollar amount of construction or the revenue for the city but that it meant there was life in the property values and that benefited all. He added to Councilman McNabb's statement about the absence of political bargaining during budget negotiations, sharing that such practices were not part of the City's culture. He acknowledged the stereotype that such behavior was rampant in government and emphasized that was not the case in the City of Smyrna and that the budget was reviewed strictly in terms of what would benefit the constituents. Mayor Bacon acknowledged Councilwoman Anulewicz, who introduced Kay Bolick to present a report for Human Resources. Ms. Bolick shared with all present the employees achieving service milestones in the month of May including Ike Thornton, Bennie Nelson, Jason Lanyon, Valerie Hickenbottom, Catherine Roncke, Melleny Pritchett, Brain Marcos, Russell Martin, Jeffery Patterson, Frank Romano, James D. Smith and Cedric Tyler. Ms. Bolick presented Councilwoman Pritchett with her 10 year service award and Councilmember Anulewicz thanked those employees for their continued service with the City after which she discussed recent activity at Jonquil on the corner of Atlanta and Spring. She highlighted the work being done by the new owners to repair the construction fencing, clear debris and improve overall aesthetics and thanked Eric Taylor, Ken Suddreth, Scott Cochran and their teams for their efforts in working with the new owners, expressing her hope that the level of activity was the precursor to additional development moving forward. She echoed Councilman McNabb's comment that the lack of politicking among Council was to the benefit of the citizenry. Mayor Bacon recognized Councilman McNabb, who asked Ms. Ann Kirk to present a report. Ms. Kirk provided an update on the community garden and the number of plots leased as well as contact information for Keep Smyrna Beautiful. She shared with all present the level of activity at the Smyrna Farmer's Market and discussed the success of the IBM volunteer event, acknowledging the 260 participants that completed over 1300 volunteer hours. Ms. Kirk highlighted the nature and magnitude of the clean -up efforts and the hosting of a technology event for Smyrna middle school students. She thanked the IBM employees for their dedication to the community and recognized the efforts of City employees Steve Ciaccio, Scott Stokes, Stan Hook and the employees from their departments that were involved throughout the activities. Councilwoman Pritchett commented on the volunteer project involving the painting of the Argyle bridge and Councilman McNabb opined that the magnitude and diversification of such volunteer efforts would not be possible without Ann and the KSB board staying in touch with resources, praising their leadership and informed status. Ms. Kirk added that over $2000 of donated funds were used during the IBM volunteer event. Councilman McNabb recognized Mr. Stokes, who addressed Ms. Kirk and commented on the 8 tons of debris cleared from one IBM volunteer worksite. He proceeded to discuss the workload required to clean -up in the aftermath of recent storms and the resultant delay in yard waste removal. He provided the status of current SPLOST projects including the Campbell Road bridge, Dunn Street sidewalk project (nearly complete), Spring Road trail west (about 60% complete with about 3 weeks to go on phase one), South Cobb improvements (possibly beginning around July V) and several water main projects. Councilman McNabb added special emphasis that Dunn Street property owners keep turf watered and maintained. He then congratulated the finance department on moving forward with the purchase of a new financial software June 20, 2011 8 package. He commented that, under Jennifer Bennett's Community Relations department, the City had implemented an award wining website and expressed that the new system would facilitate the City's ability to offer interactive online services. He elaborated that the system currently in use was an old DOS based program that was extremely inefficient and that the new software would improve costs, productivity and be a gateway system for the City. Mayor Bacon acknowledged Councilman Smith, who called upon Tanya Jackson of Parks and Recreation, who referenced discussions based on Ms Claire Isanhour's public comment at the previous Mayor and Council meeting. She stated that staff was evaluating adding an aquatic therapy program. Councilman Smith stated that Ms. Jennifer Bennett had no report and acknowledged Mr. Mike Seigler, who discussed the summer reading club at the library and detailed programs including a puppeteer and a visit by Skippy John Jones. He also introduced the 75`h anniversary commemorative tote and Mayor Bacon purchased one. Councilman McNabb asked for clarification on the date of the Skippy John Jones cat program and Mr. Seigler replied with the details. Councilwoman Anulewicz explained to all present the character Skippy John Jones and the level of popularity of this series among young children. Councilman Smith expressed his gratitude for Mr. Porche and his staff for their efforts in producing the budget. Mayor Bacon recognized Councilman Lnenicka, who stated that there was no report from the Fire Department and recognized Chief Hook to present a report from the Police Department. Chief Hook shared that a new permit clerk had been hired and provided her background after which he informed all present that Lt. Harvey would begin writing the new policies and procedures manual and that interviews were being conducted for new officers, providing the status of one potential new hire. Councilman Lnenicka asked the Chief to discuss the presence of solicitors in the community, how citizens could verify authorized vendors and what steps should be taken in the event concerns were present. Chief Hook stated that residents with concerns should contact the Police department and that every year numerous arrests of unauthorized solicitors were made, explaining that if a solicitor was registered and approved by the City then police would not take action unless violations existed. Councilman Lnenicka mentioned that permits should be visible and Chief Hook stressed that citizen's should call 911 if at all concerned. Councilman Lnenicka echoed that suggestion and Mayor Bacon commented that solicitors might have multiple permits. Chief Hook stated that as long as they were in compliance that they could have access to the City and the Mayor opined that approved solicitors might have the constitutional right to go into neighborhoods even if a no soliciting sign was posted. Councilman Newcomb added that if a citizen is approached by someone wanting to do work on their house that they should check out that vendor's credentials and could call 911, the City, Council Member or other organization to confirm that the worker or company was reputable, encouraging all to seek a second opinion before agreeing to a service or product. Councilwoman Anulewicz stated that sometimes good citizens were reluctant to call 911 if an actual emergency did not exist and provided an alternate number, the police non- emergency line (770) 434 -6666, that citizens could contact to report suspicious activity. She explained that cell phones do not necessarily route to Smyrna 911 and Councilman Lnenicka echoed her comments, encouraging all to store the non - emergency phone number and repeating it to all present. Councilman Lnenicka then mentioned that the Mayor would be chairing the "Auction for Heroes Gala" event in September and provided the date and details. Mayor Bacon recognized Councilman Wood, who once again thanked Mr. Porche for his hard work. Mayor Bacon asked if there were any further reports and none were given. He commented on the level of recognition bestowed upon the efforts of Mr. Porche and acknowledged the quality of his staff. June 20, 2011 SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. CITIZEN INPUT: Mayor Bacon stated there was none. ADJOURNMENT With no further business, the meeting was adjourned at 9:00 o'clock p.m. A. MAX BACON, MAYOR N W-A FA AM., 0 EN I T I ANULEWIC , ARD 3 JIMMY D. SMITH, WARD 5 CHARLES PETE WOOD, WARD 7 SUSAN D. HIOTT, CITY CLERK RON NEWCOMB, WARD 2 MICHAEL MCNABB, WARD 4 WADE S. LNENICKA, WARD 6 0 Is] h] I]1i•G1 or" 01J13fQly1 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CHARTER OF THE CITY OF SMYRNA, GEORGIA BE AMENDED BY REVISING SECTION 6 OF CHARTER APPENDIX, CONSTITUTIONAL AMENDMENTS OF LOCAL APPLICATION, ARTICLE I TO REFLECT ELECTION DAY FOR MAYOR AND COUNCIL Be it ordained by the Mayor and Council of the City of Smyrna, Georgia be amended by revising Section 6 to read as follows: Sec. 6. Election days; terms of office of mayor and councilmen; ward residence. The corporate powers of the City of Smyrna shall be vested in a mayor and seven (7) councilmen. One (1) councilman shall be elected from each of seven (7) wards provided for hereinafter and shall be elected only by the voters of the ward from which a candidate offers for election. A candidate for councilman shall be a resident of the ward from which the candidate offers for election, and a councilman must remain a resident of the ward from which elected during a term of office. Each councilman shall be elected by a majority of the voters voting within each respective ward. The mayor may reside anywhere within the corporate boundaries of the city and shall be elected by a majority of the voters voting from the city at large. Beginning in 2011, the election of mayor and all seven (7) councilmen shall take place on the Tuesday next following the first Monday in November in each odd numbered year and shall thereafter be pursuant to § O.C.G.A. 21 -2 -9, or other applicable law, as amended. Public notice of such elections shall be published by the governing authority of the municipality in a newspaper of general circulation in the municipality at least 30 days prior to the elections. Hereinafter, they shall serve for a term of four (4) years and until their successors are elected and qualified, the same becoming effective on the first Monday in January following each election. Except as otherwise provided by this charter, the election of all officials of the city of Smyrna where provision is made for election by the qualified voters thereof, shall be conducted as to special or general elections in conformity so far as applicable with the provisions of the Georgia Election Code in Title 21, Chapter 2 of the Official Code of Georgia Annotated as it now exists or may hereafter be amended. Whenever any time period established by said code is altered so as to change or supersede any time period provided herein, it shall be considered that said periods herein shall be correspondingly changed so as to avoid any conflict between the charter and the general law. The city may contract with other local government entities to hold elections for the city. 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 20t" day of June, 2011. A. Max Bacon, Mayor Apo& Attest: �a4aev)7 Susan D. Hiott, City Clerk App ved as I rm: Sc tt A. Coc ran, rty Attorney City of Smyrna Proposed Budget FY 2012 Presented June 6, 201 City of Smyrna Budget Categories The budget process includes two distinct categories: • Operating Budget (General, Special Rev and Utility Funds) • Capital Improvement Program (CIP) — broken out by funding sources (cash vs. debt financing — estimated operating impact) General Fund $37,982,189 Special Revenue $1498849907 Water -Sewer $18.071.187 Total Proposed 570,938,283 Total Amended $66,958,424 FY FY 2012 Budget By Fund The last time the millage rate increased was over 20 years ago, in 199 I .The millage rate has remained at 8.99 since 2007. 13.00 12.00 11.00 10.00 9.00 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 FY 2011 Amend. 2012 proposed Decrease % Decline 46,000,000 44,000,000 42,000,000 40,000,000 38,000,000 36,000,000 34,000,000 $3890371,977 $37.982,189 55 788 .15% The General Fund budget has dropped 14% in three years from the original FY 2009 budget. rr W original FY 09 Amend. FY 10 Original FY 10 Amend. FY 1 1 Original FY I I Amend. FY 12 Proposed City of Smyrna General Fund -- Overview of Major Changes • No salary increases • No furloughs • No use of reserves • Debt obligation, (lease payments) declined $481,219 from FY 2011 • Budgeted contingency of $750,000 (135,598 less than FY i I ) • City paid employee benefit costs increased $575,473 from FY 2011 (Workers Comp, Retirement Contributions, Health Insurance, etc). City Qf Smyrna General Fund — Overview of Major Changes • Transfer to CIP Of $500,000 ($109,000 in FY 201 I) • Transfer to Smyrna Commons of $125,000 • Fuel expenses increased $254,050 over FY 2011 •Continue IT Help Desk Support, at a savings of $24,000 over FY 2011 City of Smyrna General Fund — Overview of Major Changes Fund an additional jailer •Additional funding for KSB Director to become full time • Vacancy in Traffic Engineering will be eliminated •Vacancy in Maintenance & Shop will be filled in January (when biodiesel project is up and running) • No change to public safety positions •Eliminate Fire Inspector position after a retirement halfway through the year. City of S Yrna General $3799829189 • Residential property taxes are expected to decline 4.41 from the 2010 digest — $720,000 less than FY 2011 budget at the current millage rate. • Franchise taxes budgeted at $3,350,000; an increase of $250,000 over FY 2011 budget. We've already achieved 100% collections for FY 11. • Business Licenses (general & alcohol ) an increase of $190,00 over FY I I budget. — We've already achieved 100% collections for FY 11. • New Fees & Existing Fee Increases - $6119860. -- $342,970 of this is a fuel surcharge as well as a rate increase to residential & commercial sanitation. Intergovernmem 2% $725,000 Licenses / P 5% $1,933,f General Fund Revenue Misc. Revenues 6% $2,160,547_ t 0114010 Fines & Forfeitures Budgeted tax digest decline of 4.4% City of Smyrna capital Improvement Program Beginning balance of $ 1,000,000 Additional transfer in FY 12 budget of $500,000 FY 2012 Projects: • Police Department vehicles Police Department Tough Book replacement • First ResponseVehicle program • Fire Station 5 grant match, gear, radios, & furniture Projects Continued: • Lease payment for financial software system • Misc city wide carpet replacement, roof replacement, &painting. • HVAC equipment in the Community Center kitchen • Sod replacement at Riverline &Jonquil These include: • 911 • SPLOST • Hotel /Motel • CDBG • Tax Allocation District • Capital Projects Fund (CIP) • Confiscated Assets (MCS) (Police) • Multiple Grant Fund (Police) • Federal Grants — FS Construction • Federal Grants — Fire Personnel • Federal Grants — Biodiesel Fuel • Hickory Lake Apartments • Donations / Special Fees Special Revenue Funds An overall increase of 27% is proposed for FY 2012. Maior items: CIP — $1 million set aside from FY 10 surplus, plus GF transfer of $500,000 (was $109,000 in FY 11). Hickory Lake Apartments — Use of bond proceeds is $2 million. This is money we have in the bank and is not an expense for the General Fund. FY I I Amend. $11,707,477 FY 12 Increase $14,884,907 3,177,430 Special Revenue Funds 911 Accounu for the costs of providing 911 services to the City. It is anticipated that the fund will need General Fund support of approximately $295K ($35,000 less than FY I I ). SPLOST This fund is budgeted based on the contracted revenue stream from the county. All projects fall under the categories of major and miscellaneous. A new SPLOST fund was created for the 2012 SPLOST; both budgeted at half a year. Hotel /Motel This is a self - supporting fund used to promote travel and visitation to Smyrna. Revenues are declining due to the economic impact on several hotels. CDBG Accounts for funding for specific federal)y - funded ro'ects.The budgeted request is $247,348 u 3 p (p $ 1 000 from FY I I ). '0 opecial Revenue Fund� MCS This is a police fund. We do not know what will be confiscated in a subsequent period, but we are required to adopt a budget. The primary source of funds is the existing cash reserves. Multiple Grant Fund Another police fund using the same funding concept. Capital Projects Fund Used to fund general fund capital purchases. Hickory Lake Apartments Used to fund various expenses related to this purchase, using bond money. Special Revenue Funds Federal Grants (Fire Station Construction) Grant money from the Federal Government with a City match, which is budgeted in the CIP. Federal Grants (Fire Station Personnel) Grant money in conjunction with the Fire Station grant to fund 6 firefighters for 2 years. Federal Grants ( Biodiesel Fuel) Grant money from the Federal Government through the Energy Efficiency and Conservation Block Grant (EECBG) to fund the biodiesel fuel project that will be located at Public Works. Donations / Special Fees Created after FY I I's budget was adopted, to segregate various small special revenue funds, such as tree bank, erosion control, records management, etc. U t�iity (water) Fund This fund is self supported through a tiered water rate, sewer charges, meter fees, storm water fees and connection fees. The council approved a new rate structure in March, 2011. o This rate structure provides an estimated revenue stream of $18,071,187 based on the most recent 12 month volume sold. The proposed FY 2012 utility budget conforms to this expected revenue stream. Eliminating a position in Distribution by not filling a current vacancy. Also upgrading a current position to Utility Inspector. Utility (Water) Fund The Water Fund increased $858,217 (5 %).The factors behind this increase are: 8% & 4% wholesale price increase in water & sewer costs. $1.7 million for infrastructure upgrade and renewal. Bond Payment Obligation declined $513,685 from FY 11. FY 11 $17,121,970 FY 12 $1.89071t1.87 Increase $ 858,217 Billing efficiency (ratio of water sold /water purchased) has improved from 84% in 2005 to 99% in 2010. 19 2011 -11 ORDINANCE NO. 2011-11 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CITY OF SMYRNA ZONING CODE OF ORDINANCES ADDING A NEW RM -15 (RESIDENTIAL MULTI - FAMILY): BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Section 402 of the Zoning Ordinance be amended by adding the following definition: (402.14.2) Class A Apartment Complex: A newly constructed apartment complex that meets current upscale multifamily industry standards with regards to site design, architectural design, interior features and amenity features. That Section 601 of the Zoning Ordinance be amended by adding the following wording to the existing table: RM -15 Redevelopment District - Multifamily residential, 15 dwelling units per acre. That Article VII of the Zoning Ordinance be amended by adding the following section to the use provisions: PO■• Sec. 707.3 RM -15 Redevelopment District. The RM -15 Redevelopment District is established to provide for the complete redevelopment of existing apartment complexes into Class A apartment complexes within the city limits of Smyrna or as part of an annexation request. The city recognizes the large inventory of apartment complexes which were constructed in the 1960's and 1970's and have begun to deteriorate. The RM -15 Redevelopment District shall only be placed upon properties currently zoned RM -12 on the city's official zoning map. Within any RM -15 Redevelopment District, the following uses shall be permitted: (707.1) All uses permitted in the RM -12 residential district. (707.2) Nursing, convalescent, or rest homes not used primarily for the treatment of contagious diseases, addictions or disorders, provided: (1) Such facilities meet the requirements of the state board of health. (2) Plans receive approval from the appropriate county and state agencies prior to issuance of a permit for construction and operation. 2011 -11 That Section 801 of the Zoning Ordinance be amended by adding the following wording to the existing table: Sec. 801. Residential districts. 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 20th day , Ju 01 Att�st: Susan D. Hiott, City Clerk City of Smyrna Ap hfmyv4ma s to fo arr City Attorney City 3eT4e, L `r,..' � A. Max Bacon, Mayor Minimum Lot Area Minimum Front Yard Setback from (square feet) Street Right -of -Way (feet) Maximum Lot Single- Two- Family Multifamily Minimum Coverage by Minimum Min. Min. Districts Family Dwelling Dwelling g Dwelling g Floor Area Buildings Lot Width at Setback Major Minor Other Side Rear (per unit) (per unit) s uare feet (q ) and Other Line Thoroughfare Thoroughfaze Yard Yard Structures (feet) (feet) (feet) Including Paving (percent) 1 bedroom- - 750 2 bedrooms - RM -15 22-904 Redevelooment District _ _ 15 units 50 200 50 50 40 40 -850 Per acre 3 bedrooms - -1000 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 20th day , Ju 01 Att�st: Susan D. Hiott, City Clerk City of Smyrna Ap hfmyv4ma s to fo arr City Attorney City 3eT4e, L `r,..' � A. Max Bacon, Mayor