01-17-2012 January 17, 2012 Mayor and Council Meeting
January 17, 2012
All council members were present. Also present were City Administrator Eric Taylor, Assistant City
Administrator Tammi Saddler, City Attorney Scott Cochran, City Clerk Susan Hiott, Fire Chief Jason
Lanyon, Parks and recreation Director Steve Ciaccio, Police Chief Stan Hook, Public Works Director Scott
Stokes, Budget Office Monica Jones, Human Resources Director Kay Bolick, Keep Smyrna Beautiful
Director Ann Kirk, Library Director Mike Seigler, 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 7:31 o'clock p.m.
Mayor Bacon called on Reverend Terry Phillips Sr. of Bethany United Methodist Church, who conducted
the invocation and led all present in the pledge to the flag.
Mayor Bacon announced that Boy Scout troop 88 from Smyrna First Baptist Church was in attendance to
earn their citizenship badge. He welcomed them and expressed his gratitude for their community
involvement and praised the organization.
AGENDA CHANGES:
The Mayor stated that items 4 (A) and 4 (B) would be tabled and that a presentation would be given on
item 4(B).
MAYOR'S REPORT:
(A) Presentation of Character Education Word with Argyle Elementary
Mayor Bacon introduced the Assistant principal of Argyle Elementary, Ms. Miles, sharing that the school
was celebrating 50 years in the community. Ms. Miles introduced Ms. Como and Ms. Thompson,
expressing her gratitude for their efforts in preparing the children for the presentation that evening. The
Mayor requested that the students approach and acknowledged the friends and family in attendance. The
children presented the character word resilience as part of a rap about bullying. Ms. Como thanked
Councilwoman Pritchett for her involvement and encouraged parents to have discussions with their
children about bullying.
4. LAND ISSUES/ZONINGS/ANNEXATIONS:
(A) Public Hearing- Approval of Ordinance 2011-16 for proposed text amendment to Sections 402, 712
and 906 of the City's Zoning Ordinance to permit the outdoor retail sale of large outdoor products in the
General Commercial zoning district- City of Smyrna- Tabled from October 17, 2011,November 7, 2011,
ottemo and November 21, 2011 meetings- Tabled from December 19, 2011 meeting (AB)
January 17,2012 2
The Mayor announced that this item had been tabled since October and would be tabled again to allow for
the transition period with the new Council Members.
MOTION: Councilwoman Blustein moved to table the approval of Ordinance 2011-16 for proposed text
amendment to Sections 402, 712 and 906 of the City's Zoning Ordinance to permit the outdoor retail sale of
large outdoor products in the General Commercial zoning district - City of Smyrna until March 19, 2012.
Motion was seconded by Councilwoman Pritchett and approved 7-0.
The Mayor announced that this item was still undergoing revision and that a public hearing would be
conducted.
(B) Public Hearing- Zoning Amendment Request Z 12-001 - Modification of currently approved site plan
and zoning conditions - Land Lots 559 and 594 - 10.37 Acre Tract - 2899, 2931 and 2971 Atlanta Road —
Branch Capital Partners, L.P. To be tabled to date specified by Mayor and Council (TA)
Mayor Bacon announced that the request was related to the Jonquil Plaza development and called on Mr.
Taylor to provide the background. Mr. Taylor shared that the request included the construction of 250
apartment units and at least 80,000 commercial feet of retail space. He stated that in 2007 the site was
rezoned from GC and light industrial to mixed use with conditions. Originally, the plans contained at least
160,000 sq. ft. of retail space, offices and condominiums. He stated that this item was being tabled to
February 20, 2012.
Mayor Bacon asked if the applicant was present and stated that Community Development Director Ken
Suddreth would be making a presentation. He announced that since it had been advertised as a public
hearing that if anyone wished to make a public comment they could do so following the Community
Development report. Mr. Suddreth delivered a presentation reviewing the details of the development anc
outlined that the changes under consideration involved a plan modification. He displayed the current zoning
map and made known that this property had been required to receive regional and urban development
approvals due to its scope. Mr. Suddreth explained that the current site had storm water pond management
in place and the foundation for the parking deck. He shared that the proposed amendment would allow
apartments in lieu of condominiums and modify certain zoning permissions. He detailed that the original
conditions were subject to modification or removal as part of the amendment and reviewed each. Mr.
Suddreth stated that staff recommended tabling this item to accommodate adequate time for the newly
elected Council to fully review this proposal.
Mayor Bacon confirmed that the original project involved TAD money and was an elaborate site plan with
retail, office and condominiums. He commented that the scope of the revised design would not qualify for
TAD and Mr. Suddreth confirmed that the new plans eliminated office and reduced retail space.
Councilwoman Anulewicz requested clarification that Publix remained interested in this site. Ellen Smith
with Holt Ney Zatcoff& Wasserman, located at 100 Galleria Parkway, shared that Publix was in the midst
of a review process of the new site plans. She assured Council that Publix was still planning on occupying
the location in question and that her firm was in support of the decision to table the item. The
Councilwoman acknowledged public anticipation of progress on the site and expressed her desire to ensure
that the entire Council was familiar with the details.
The Mayor announced the public comment forum and recognized Mr. Howard Martin of 3435 Lee St., who
made known his concerns about the construction of apartment living facilities. He requested information on
the price point, square footage and number of apartments planned. Mr. Martin declared his support of
January 17,2012 3
Publix. Both Mayor Bacon and Councilwoman Anulewicz commented that this item was being tabled in
order to be able to provide such details at the postponed public hearing.
The Mayor remarked that a number of apartment complexes had been eliminated in the past four years and
affirmed his commitment to building for the future. He acknowledged that the Jonquil site was the entrance
to Smyrna's downtown and stressed the importance of what was built on that property.
MOTION: Councilwoman Anulewicz moved to table Public Hearing- Zoning Amendment Request Z12-
001 - Modification of currently approved site plan and zoning conditions - Land Lots 559 and 594 - 10.37
Acre Tract - 2899, 2931 and 2971 Atlanta Road — Branch Capital Partners, L.P. to the February 20, 2012
meeting. Motion was seconded by Councilwoman Pritchett and approved 7-0.
Mayor Bacon declared that they were working with Branch Properties to ensure the success of this
development. Councilwoman Anulewicz recognized the enthusiasm for work to begin on the site and
opined the critical nature of carefully evaluating the proposed plan.
5. PRIVILEGE LICENSES:
Mayor Bacon stated that there were none.
6. FORMAL BUSINESS:
(A) Appointment of Ward 5 Representative to Parks & Recreation (SW)
Councilwoman Wilkinson thanked Catherine and Dale Lavallee for their service and announced the
appointment of Judy Iburg, owner of Happy Tails, long time Smyrna resident and Lockheed retiree.
MOTION: Councilwoman Wilkinson moved to approve the appointment of Ward 5 Representative Judy
Iburg for a term to expire 12/31/2013. Motion was seconded by Councilman Lnenicka and approved 7-0.
(B) Appointment of Ward 5 Representative to Planning and Zoning (SW)
Councilwoman Wilkinson announced her decision to appoint Ed Whittington, Hewlett Packard retiree
volunteer for MUST ministries and former President of the Smyrna Optimist Club and Board member for
Taylor Brawner.
MOTION: Councilwoman Wilkinson moved to appoint Ed Wittington of 720 Pinehill Rd. as the Ward 5
Representative to the Planning and Zoning Board for a term to expire on 12/31/2013. Motion was seconded
by Councilman Fennel and approved 7-0.
(C) Reappointment of Ward 3 Representative to Keep Smyrna Beautiful (TA)
MOTION: Councilwoman Anulewicz moved to approve the Reappointment of Betty Williams, long time
resident of the Rose Garden community and active contributor to KSB as the Ward 3 Representative to
Keep Smyrna Beautiful for a term to expire on 12/31/2013. Motion was seconded by Councilwoman
Blustein and approved 7-0.
(D) Reappointment of Ward 3 Representative to Parks & Recreation (TA)
January 17,2012 4
Councilwoman Anulewicz moved to reappoint Liz Davis as the Ward 3 Representative to Parks &
Recreation for a term to expire on 12/31/2013. Motion was seconded by Councilwoman Pritchett and
approved 7-0 ...�
(E) Reappointment of Ward 3 Representative to Planning and Zoning Board (TA)
Councilwoman Anulewicz moved to reappoint Larry Jones as the Ward 3 Representative to the Planning
and Zoning Board for a term to expire on 12/31/2013. Motion was seconded by Councilwoman Pritchett
and approved 7-0
(F) Approval of Ordinance 2012-01 suspending until February 20, 2012 all sections mandating use of
electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances (RF)
The Mayor called on Mr. Taylor, who provided the background that the ordinance was still a work in
progress and would be tabled until the February 20, 2012 meeting.
MOTION: Councilman Fennel moved to table Ordinance 2012-01 suspending until February 20, 2012 all
sections mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code
of Ordinances until February 20, 2012. Motion was seconded by Councilman Welch and approved 7-0.
7. COMMERCIAL BUILDING PERMITS:
The Mayor stated that there were none.
8. CONSENT AGENDA:
Mayor Bacon acknowledged Mr. Taylor, who read aloud the consent agenda.
(A) Approv al of January 3, 2011 Mayor and Council Minutes
(B) Approval and Adoption of Revised Personnel Policy EMP 6-01 Shift Differential Pay and authorize
Mayor to sign related document
(C) Approval to use Council Chambers on January 19, 2012 from 6:00-10:00 pm for The Heritage of
Vinings
(D) Approval to use Council Chambers on Tuesday, January 31, 2012 from 7:00 — 9:00 pm for Williams
Park HOA meeting in Ward 3
MOTION: Councilwoman Pritchett moved to approve the Consent Agenda. Motion was seconded by
Councilman Fennel and approved 7-0
COMMITTEE REPORTS:
Councilwoman Pritchett shared that the Smyrna Education Foundation had been set up by the City and was
led by volunteers raising funds to improve local public schools. She clarified that donations to that'°"01
organization were taxdeductible and made known that there was a link on the City's website to that
foundation. The Councilwoman stated that the Vision committee would be meeting in a few weeks and.
would present their overview following their discussions. Councilwoman Pritchett announced that the
Campbell bridge project would be completed on schedule and that Campbell Rd. would open January 27th
January 17,2012 5
She shared that the ribbon cutting ceremony would take place after the sides of the bridge had been
completed and offered an update on the RaceTrac developments in the City. Councilwoman Pritchett
remarked on Argyle Elementary's 50th anniversary and lauded the earlier performance by the children from
that school.
Councilwoman Blustein yielded the floor with no report.
Councilwoman Anulewicz delivered the Community Relations report, reminding everyone of the various
ways to keep up with the happenings in the City, citing Nixle, Facebook and Twitter and providing the
addresses for each. She called on Mr. Porche, who gave a financial presentation and budget status report.
There was discussion with the Mayor about the City operating within its means and maintaining a balanced
budget.
Councilman Welch called on Mr. Stokes, who delivered 2011 statistics of Public Works projects.
Councilwoman Pritchett inquired about the project being conducted by Atlanta Gas Light near Cobb
Parkway. Mr. Stokes shared that they were replacing the transmission main starting at Spring and
Cumberland Blvd and that permits had been issued with signage to be posted accordingly. There was
discussion about the streets involved, work times, scope and duration of the project. Mr. Stokes disclosed
that work hours would follow DOT specifications and be between 9:00 am and 4:00 pm. The Mayor
expressed his concern about traffic backing up and was offered assurances that the time frame was
designed to take place between rush hours.
Mayor Bacon mentioned the synchronization of the lights near the new Kroger and the critical need for
,,, those lights to be properly timed. Mr. Stokes provided the efforts and timeline underway to adjust the
synchronization prior to the opening of the Kroger.
Councilman Welch shared that an update on the Concord Rd. project would be given to Council the
following day and that they would also be reviewing other concerns brought forward by citizens.
Councilwoman Wilkinson called on Mr. Seigler, who communicated the growth statistics of the number of
citizens utilizing the library. He shared the new library mobile app and provided instructions on how to
install it from the City's website. Mr. Seigler made known the upcoming events at the library and
recommended Ghost on Black Mountain by local author Ann Hite. Mayor Bacon mentioned the book by
Peter Stelling, which also received a recommendation from Mr. Seigler.
Councilwoman Wilkinson stated that Parks and Recreation had no report.
Councilman Lnenicka announced that Court Services and Human Resources had no reports. He shared that
he would be attending the annual HOA meetings of The Heritage at Vinings and Devonshire Court.
Councilman Fennel expressed his appreciation at being the Chair of the Public Safety Committee and that
he was privileged to be involved with such well trained and well equipped staff. Chief Lanyon delivered a
report, mentioning the new fire medic vehicles in use by the City as part of a pilot program. The Chief
stated that they would be utilized for medical calls not requiring fire suppression equipment and would
reduce fuel costs and wear on fire engines. There was discussion about the majority of calls responded to
not involving fire and that all firefighters had, at a minimum, EMT certification with over 80% being
paramedics. Councilman Fennell stated that the police department had no report. He passed along that he
had met with the Bennett Woods garden club regarding some recent break ins and that an attempted theft
had been thwarted with one suspect caught and the other being actively sought. The Councilman
announced that he would be in attendance at the upcoming neighborhood meetings at Vinings Estates and
January 17,2012 6
Weatherbrook, encouraging other organizations to contact the City to arrange to have their representatives
present at their events.
IOW
SHOW CAUSE HEARINGS:
Mayor Bacon stated that there were none.
CITIZEN INPUT:
Howard Martin, residing at 3435 Lee St., congratulated the new members of Council, requesting that they
consider how to attract new business and retain existing businesses in the City.
Alex Backry of 3459 Shawnee Trail remarked on comments made by Mayor and Council pertaining to the
citizen comment portion of the meeting. Mr. Backry opined that statements made by officials were not
always professional or respectful and called upon the new Council to be mindful of the perception and
reputation of the City under their leadership.
Al Graves of 1079 Pinehurst Dr. addressed the new Council Members about the campaign rhetoric
revolving around setting up effective lines of communication with constituents, applauding Councilwoman
Pritchett's efforts to establish discussion forums. Mr. Graves opined that the problems alluded to by Mr.
Backry stemmed from a lack of communication between leadership and citizens, citing that the public input
forum allotted only three minutes per speaker. Mr. Graves expressed his insight that this was not adequate
time to dis.;uss problems and contributed to escalated tempers and a negative reflection on the City. He
encouraged the new Council to consider the image of the City and act accordingly.
Leo Smith, residing at 1106 Drewberry, recommended Peter Stelling's book and thanked Councilwoman
Pritchett for her encouragement and inspiration in getting him more involved in the community. He shared
the establishment of grass roots organizations in Ward 1 and imparted to all present the website
www.smyrnawardl. Mr. Smith stressed the importance of citizens to be actively involved in their
communities, local organizations and PTA groups where they could work with their representatives on
issues prior to them being brought before Council.
Mayor Bacon commented on the recent Council retreat, stating that the retention and recruitment of
businesses into Smyrna had been a primary focus. He shared that the City had excellent staff dedicated to
accomplishing those goals. The Mayor mentioned the new restaurant Dos Amigos and Councilwoman
Pritchett made known the location of that establishment. She announced that the restaurant had brought 40-
50 new jobs to the area and had an outdoor seating area and live music on select nights.
Mayor Bacon stated that new Kroger would be opening soon (Clerk's note - January 25th).
ADJOURNMENT
With no further business, the meeting was adjourned at 8:45o'clock p.m.
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January 17,2012 7
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