12-05-2011 December 5, 2011 mop Mayor and Council Meeting
December 5, 2011
All council members were present. Also present were Assistant City Administrator Tammi Saddler, City
Attorney Scott Cochran, City Clerk Susan Hiott, Community Relations Director Jennifer Bennett,
Community Development Director Ken Suddreth, Management Fellow Kevin Klosterboer 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 7:33 o'clock p.m.
Mayor Bacon called on Rev. Dawn Britt of Tillman United Methodist, who conducted the invocation and led all
present in the pledge to the flag.
AGENDA CHANGES:
The Mayor stated that there were none.
MAYOR'S REPORT:
The Mayor mentioned that the Mayor's Award ceremonies had just concluded and announced that Cobb
County School District Superintendent Dr. Hinojosa, Assistant Superintendent Dale Gaddis and Cobb
County Education Board member Tim Stultz had been in attendance. He remarked on the great turnout for
lo""" the event with all 11 area schools present.
LAND ISSUES/ZONINGS/ANNEXATIONS:
The Mayor stated that there were none.
PRIVILEGE LICENSES:
(A) Public Hearing-change of location and new agent-retail package sales of beer and wine-The Kroger
Company dba Kroger Store 699-Scott Baker-3240 South Cobb Dr(MM)
Mayor Bacon confirmed the presence of the applicant and called on Mr. Taylor to provide the
background. Mr. Taylor made known that a new license was required at the new Kroger location, that a
background check did not preclude the issuance of the license and that staff recommended approval. The
Mayor announced the public hearing and called for comment. There was none.
Councilman McNabb confirmed that the applicant had attended the mandatory school awareness
training and that this was not the applicant's first time being licensed. The Councilman made all present
aware of the undercover compliance checks performed by the city and asked what procedures Mr. Baker
had in place to ensure that no under age sales were made. Mr. Baker shared that Kroger had an extensive
training program that required cashiers to card all patrons and included an internal compliance
department. Councilman McNabb inquired about the scheduled opening date and was told it was to be
°°"° the third week in January.
December 5,2011 2
Councilman Lnenicka asked if Mr. Baker was assuming the license for the existing store and was told
that he would be responsible only for the new location. There was discussion about the agent currently
in place at the existing Kroger.
MOTION: Councilman McNabb moved to approve change of location and new agent-retail package
sales of beer and wine-The Kroger Company dba Kroger Store 699. Motion was seconded by
Councilwoman Pritchett and approved 7-0.
FORMAL BUSINESS:
(A) Public Hearing- Approval of a Ordinance 2011-20 for text amendment to Chapter 82, Signs, of the
Code of Ordinances with regards to increased monument signs and additional entrance signs for
completely redeveloped sites - City of Smyrna-Tabled from November 21, 2011 meeting (RN)
Mayor Bacon called on Mr. Taylor, who relayed the background that properties being redeveloped could
benefit from additional signage or increased monument sign square footage. Mr. Taylor shared that
RaceTrac had requested modified signage and made known that staff had reviewed and recommended
approval. Mayor Bacon announced this was a public hearing and called on Mr. Suddreth, who shared
that all material on this item was available in the packets provided to Mayor and Council. Mr. Suddreth
stated that staff had evaluated the request and felt that increased monument signage up to 60 square feet
in area and up to 12 feet in height could be a good incentive for redeveloped properties. He elaborated
that an amendment defining the qualifications of a redevelopment had been included. Mr. Suddreth
shared a trend witnessed by staff of newer stores having two different entrances in two different areas.
He explained that a modification to the ordinance would allow both an entrance sign and a wall sign on
the main façade. Mr. Suddreth clarified that if a second entrance on a second side was used that either a ••.x
walls sign or entrance sign would have to be selected in that instance. He clarified that the proposed
change would apply to the Spring Rd. RaceTrac but not the one on the East-West Connector.
Mayor Bacon stated that this was a public hearing and called for any questions or public comment.
Garry Osborne of 1675 Rosemont Court was sworn in and requested a visual of the proposed change. He
was provided with such by the Mayor. Mr. Osborne stated his concern about the aesthetic impact to the
eye clinic on the East-West Connector if the sign ordinance was amended. Councilman Lnenicka
expressed that he had raised similar concerns and offered assurances that it would not impact the
Smyrna Eye Group.
Councilman Newcomb confirmed the criteria for eligibility of the revised monument size and was told
that it only applied to completely redeveloped properties that had been leveled and rebuilt from the
ground up. Mr. Suddreth read aloud the portion of the code pertaining to monument signs and stated that
all other aspects of the ordinance remained unchanged.
MOTION: Councilman Newcomb made a motion to approve Ordinance 2011-20 for text amendment to
Chapter 82, Signs, of the Code of Ordinances with regards to increased monument signs and additional
entrance signs for completely redeveloped sites - City of Smyrna. Motion was seconded by
Councilwoman Pritchett and approved 7-0.
COMMERCIAL BUILDING PERMITS: .W
Mayor Bacon stated that there were none.
CONSENT AGENDA:
Mayor Bacon acknowledged Mr. Taylor,who read the consent agenda.
December 5,2011 3
(A) Approval of November 21, 2011 Mayor and Council meeting minutes
wpm
(B) Adopt change of fees for Taylor-Brawner House rental and Tolleson Pool rentals; implement first
time fee for Wolfe Center room rental; and apply first time cancellation and date change fees; all to be
effective January 1, 2012
(C) Approval of Memorandum of Agreement between the Department of Homeland Security, U.S.
Citizenship and Immigration Services and City of Smyrna
(D) Approval of Addendum to the Memorandum of Agreement between the Department of Homeland
Security, U.S. Citizenship and Immigration Services
(E)Approval to use Council Chambers on December 15, 2011 from 6:30-8:30 pm for the Market
Village HOA Meeting in Ward 3
MOTION: Councilman Lnenicka moved to approve the Consent Agenda as presented. Motion was
seconded by Councilman Wood and approved 7-0.
COMMITTEE REPORTS:
Councilman Wood mentioned the Mayor's Education Awards, highlighting the positive impact of
recognizing excellence and volunteerism.
"""' Councilman Lnenicka echoed sentiments about the Education Awards and encouraged all to participate in
the upcoming special elections.
Councilman Smith expressed his support of the Mayor's Education Awards program and wished all
candidates luck in the runoff elections.
Councilman McNabb spoke about the work sessions where Council discussed agenda items and stated that
those meetings were open to the public. He remarked that they were rarely attended by the public and
provided the general schedule for those work sessions. Councilman McNabb announced that Hickory Lakes
was being marketed as Smyrna Grove by the commercial marketing agent. He remarked on the quality job
being done by Brannen Goddard in providing national exposure for the 47.5 acre site. Councilman McNabb
shared that a study conducted by Georgia Power revealed that Smyrna Grove was one of two locations
currently available that consisted of more than 20 acres within a tenth of a mile from a power station. He
explained that meant that site could accommodate facilities requiring higher energy sources, such as a health
care building. The Councilman stated his support of a medical facility at that location, whether a new,
relocated or research based development. He stated his opinion that such a business would add jobs, increase
the quality of healthcare available to citizens and add to the tax base of the city.
Councilman McNabb announced that he had encountered Judith Causey Jones, who supplied him with a
statement to deliver on her behalf. The Councilman read aloud a written quotation from Ms. Jones in which
she refuted her support of Ward 4 candidate Corkey Welch and endorsed Councilman McNabb. The
Councilman asked all to vote for him the following day, providing the times and location of those elections.
ram
Councilwoman Anulewicz lauded the recipients of the Mayor's Education Awards and recognized United
Distributor's CEO Doug Hertz, who had been acknowledged at Cobb Chamber's first breakfast for his
volunteer work. She made known that visiting with Santa was ongoing at Aunt Fanny's Cabin courtesy of
the City and the Smyrna Optimist Club. Councilwoman Anulewicz provided the dates and times of that event
December 5,2011 4
and wished luck to the candidates participating in the City's runoff elections. She remarked on some of the
challenges and rewards of being an elected official and encouraged all to vote.
Councilman Newcomb expressed the commitment of the Mayor and Council to education in Smyrna,
emphasizing its importance to the quality of life and retention rates in the City. He shared that the Mayors
Education Awards had been going on for awhile as part of a deliberate effort to highlight the positive
accomplishments in the schools. The Councilman remarked on redevelopment of certain areas benefiting
schools and the need to have a balance between owner and non-owner occupied homes. He encouraged
future Council members to continue these pursuits and work with the school board to allocate resources to
Smyrna schools. Councilman Newcomb mentioned the history of pre-k programs being removed from public
schools and recommended that this matter be revisited. He suggested that Smyrna be considered for a pilot
program to reinstitute public pre-k. He acknowledged the funding shortfall and the need for local
supplements, challenging local foundations to assist in filling the gap.
Councilwoman Pritchett thanked her supporters for electing her and made known her efforts to increase
public involvement at Argyle Elementary. She mentioned how close her race was and encouraged all to vote
The Councilwoman announced the donation drive for MUST ministries being conducted by the City and
commented on the great services they provided for those in need. She read aloud an announcement about the
effort and made known that the information was also available on Face book and the city's website.
SHOW CAUSE HEARINGS:
Mayor Bacon stated that there were none.
CITIZEN INPUT:
Al Graves of 1079 Pinehurst Dr. commended the Mayor and Council for their continuing practice of
conducting an invocation and pledge to the flag during opening ceremonies. He cited the positive impact
of such proceedings, especially on children that might be in attendance. Mr. Graves commented on the
lack of apparent progress on Concord Rd. and expressed his desire that whoever was elected in Ward 4
address that SPLOST project.
Susan Wilkinson, residing at 2805 Stonecreek Rd. made known her candidacy for Ward 5, encouraged all to
vote and asked for citizen's support.
Jason Saliba of 860 Powder Springs St. announced he also was running in Ward 5. Mr. Saliba reminded all
present of the public forum with the school district pertaining to the rezoning. He shared that he had spoken
with Cobb County Board Member Tim Stultz, who recommended that residents utilize the online forum to
make concerns known. Mr. Saliba encouraged citizens to attend the upcoming meeting. He acknowledged
Councilmar, Newcomb's earlier comments and recognized the primary issues of redevelopment,
neighborhoods and schools. Mr. Saliba opined that they were related in that high transiency rates led to high
drop out rates and lower scores. He made known his faith in the city's schools and teachers and the need to
have a long-term focus on improving the Windy Hill and South Cobb corridors to solidify neighborhoods.
Mr. Saliba shared his experience as District Attorney that would be an asset to his service on Council and
asked all for their vote.
Corkey Welch, resident at 870 Austin Drive and candidate in the Ward 4 run-off elections, clarified his
comments regarding an endorsement by Judith Causey Jones. He stated that they had met in mid-November
and that his understanding at that point was that she was in support of his campaign. He apologized for any
misunderstandings and that it was Ms. Jones' prerogative to change her position on the elections. Mr. Welch
shared that he had visited with many Ward 4 citizens and relayed the general concerns about the accessibility
of Council. He remarked that development transitions were also of concern to residents. He shared that his
December 5,2011 5
experience in the construction industry and working with other communities would be beneficial. He
encouraged all to vote regardless of the weather.
Garry Osborne of 1675 Rose Moss Court, running for Ward 7 council seat in the runoff election addressed
Mr. Graves remarks, commenting that the pledge was recited every morning at Campbell Middle School. He
shared that he and his wife had resided in Smyrna for nearly 30 years and that his background in business,
management and education qualified him to represent Ward 7. He stated that his priorities, if elected, would
be local schools, South Cobb Dr., Market Village, planning, transparent government and responsiveness. He
encouraged all to get out and vote, asking for support.
Mayor Bacon congratulated all those recognized during the Mayor's Awards, mentioning Danielle Williams,
the student from the Imagine International Academy that was a stage 4 lymphoma cancer survivor and
commenting on memorabilia he had given Leathan Posey. The Mayor acknowledged PTA President Otha
Thornton, who had attended the meeting that evening and encouraged all to vote.
Councilman Newcomb addressed the Concord SPLOST project and the use of funds for the purchase of right
of way. The Councilman relayed an anecdote about property values surrounding Kennesaw State University
and the increased cost of acquisition once new development had begun. He opined that it was critical to
secure the land needed and then seek funding to proceed with development.
ADJOURNMENT
With no further business, the meeting was adjourned at 8:28 o'clock p.m.
!1
ior
..,, '- IP....4P 4 / P . AD • As
A. MAX BACON, AYOR SU AN D. HIOTT, CI 'Y CLERK
4.10 /a / or ...--26 A) A es...9 44,...C.,
M: ■ • I CHETT, WARD 1 RON NEWCOMB, WARD 2
/ /• �C:�' '-� G UL�'V/
TERI A► .LEWI , WARD 3 / MICH EL MCNABB, W 4
Ali
ii,g.t. �/ /�"•!� �/' ofIli*, .�'
JI 'T Y !'H, A• D 5 WADE S. LNENICKA, WARD 6
c-4 Pte.
,,,, CHARLES PETE WOOD, WARD 7
ORDINANCE NO.2011-22
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA,
THAT SECTION 6-61, (a) AND (b) HOURS OF OPERATION OF CHAPTER 6 ALCOHOLIC
BEVERAGES BE AMENDED AS FOLLOWS EFFECTIVE JANUARY 1, 2012 AS AUTHORIZED
BY O.C.G.A. 3-3-7(q) (1)AND CITY OF SMYRNA REFERENDUM HELD NOVEMBER 8, 2011:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA THAT :
Sec. 6-61 Hours of operation.
(a) Package, distilled spirits. Licensees in package distilled spirits shall not sell except between the
hours of 8:00 a.m. and 11:45 p.m., Monday through Saturday. Licensees may sell on Sundays
between the hours of 12:30 p.m. and 11:30 p.m., provided the licensee applies for and receives a
Sunday sales permit for such sales from the city.
(b) Package, wine and malt beverages with or without wine specialty shops add on. Licensees in
package wine and malt beverages with or without wine specialty shops add on shall not sell except
between the hours of 8:00 a.m. and 2:00 a.m. Monday through Friday(Saturday morning), and 8:00
a.m. through 11:45 p.m. on Saturday. Licensees may sell on Sundays between the hours of 12:30
p.m. and 11:30 p.m.,provided the licensee applies for and receives a Sunday sales permit for such
sales from the city.
All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date
of January 1, 2012.
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.
All Ordinances in conflict with this Ordinance are hereby repealed.
Approved by Mayor and Council this 19th day of December, 20 1 �/
_-, I
:tt.t: A. Max Bac. -, Mayo r
AO
Ir.-41. ...0.1 A IC ,7r 6 4--
Sus. D. Hiott, City Clerk
City of Smyrna " "
As . I as to c
1
Jef' ,c 4. City A torney
Cito m --_ w
•,'.,, ,,.',.
ORDINANCE NO. 2011-20
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CITY OF SMYRNA CODE OF ORDINANCES, SECTION 82 SIGNS
BE AMENDED, AMENDING SECTION 82 DEFINITIONS AND 82-15 REQUIREMENTS FOR
ALL SIGNS:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
GEORGIA:
That Section 82-2 Definitions be amended by adding the definition of Redeveloped Site to read:
Redeveloped Site means a site in which all existing buildings and uses are demolished and then replaced
with the construction of one or more new buildings and associated uses that meet or exceed the
minimum standards of City ordinances.
That Section 82-15(b)(2) be amended to add paragraph"d",the following:
d. When a project consists of the total and complete redevelopment of property, all requirements of the
Sign Ordinance are applicable with the exception of the monument sign requirements. In that case, if a
cap is added to the top of the sign monument and the material used for the sign consists entirely of brick,
stone or a combination of both the monument sign may be increased in height and area over the
maximum normally permitted. As such, the maximum height of a monument sign may increase from 8'
to 12' and the area of the sign may increase from 32 square feet to 60 square feet.
That Section 82-15(b)(2) be mended to add paragraph"e",the following:
e. multiple public entrances are proposed for a building and business identification entrance signs are
proposed for both, only one of the associated wall faces (i.e. front or side) will be allowed to house a
wall sign in conjunction with a sign over the entrance (i.e. two entrances would be allowed to have two
business identification entrance signs but the building would be restricted to only one wall sign). Said
entrance sign shall be no greater than 40 square feet in area.
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 5th day of ece „� / 2!�i
A. Max Bacon, Ma or
A test:
• pproved as to form:
�i d P. yI 1
Susan D. Hiott, City Clerk
City of Smyrna cott A. E oc.. .n, City • ...- _
City o Smyrna