02-06-2012 February 6, 2012 " Mayor and Council Meeting
MO
February 6, 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, 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 Dr. Steven Kimmel of Smyrna Baptist Church, who conducted the invocation and
led all present in the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated that two items were being added to the consent agenda and called upon Mr. Taylor,
who read aloud new agenda items (G) and (H). He shared that these involved drainage easement on
property located at lot 18 of the Birch subdivision and the approval of an agreement with John S. Lewis for
the display of Civil War relics.
11"1" MOTION: Councilman Lnenicka moved to add the items to the agenda. Motion was seconded by
Councilwoman Pritchett and approved 7-0.
MAYOR'S REPORT:
The Mayor acknowledged Joey Hatchell from Faith United Methodist Church who made known a prayer
event to be held on February 24th at 5:30 at the Emory Adventist hospital. Mr. Hatchell extended an
invitation to the Mayor, Council and community members on behalf of the Church's new pastor Casey
Leno.
(A) Proclamation in Recognition of Arbor Day
Mayor Bacon called on Councilman Welch, who read aloud the proclamation and presented it to Assistant
City Administrator Tammi Saddler and representatives of Keep Smyrna Beautiful. The Proclamation was
accepted on behalf of Ann Kirk who was unavailable due to illness. It was made known that February 17th
was designated as Arbor Day.
(B) Proclamation in Recognition of Black History Month
Mayor Bacon called on Councilwoman Blustein to read aloud the proclamation, following which she
announced that on Feb 25th the Hand, Feet and Mouth Society would host a special black history month
program. Sue stated that it was open to the public and encouraged all to attend, making known that it would
AWN
be held at 7 pm at Campbell Middle School. She presented the proclamation and Mayor Bacon addressed
the recipients, who extended an invitation to all present to attend the program
February 6,20U 2
4. LAND ISSUES/ZONINGS/ANNEXATIONS:
Mayor Bacon stated that there were none.
5. PRIVILEGE LICENSES:
(A) Public Hearing-new ownership and agent-retail package sales of beer and wine-Racetrac Petroleum Inc
dba Racetrzc #579-Rachel Lynn Pearson-4290 East-West Connector (WL)
Mayor Bacon confirmed the presence of the applicant and called on Eric Taylor to deliver the background.
Mr. Taylor shared that new owner had been given a copy of the city's ordinance and attended the
mandatory alcohol awareness training. He made known that a background check had been conducted by the
police department and that nothing to preclude the issuance of the license had been found.
Mayor Bacon announced that this was a public hearing and called for comment. There was none.
Councilman Lnenicka inquired about the planned opening of the store and Ms. Pearson responded that
enhancements were still being made that could impact the projected March 17th date. The Councilman
asked if she would be supervising that location and she noted that it would be among the dozen stores under
her responsibility. She confirmed that she conducted regular inspections to ensure compliance of all shifts.
Ms. Pearson cited several locations under her purview and that she had never lost a license. She explained
that there was an intensive two day training program and that compensation was tied to performance on
quarterly assessments. Ms. Pearson elaborated that the top employees from existing RaceTrac locations
were transferred to new stores. Councilman Lnenicka stated that Smyrna performed routine compliance
checks and Councilwoman Pritchett stressed that clerks found violating city ordinances were arrested.
Councilmember Lnenicka expressed Council's excitement with the new development, wishing RaceTrac
success and remarking on his appreciation to have RaceTrac as a corporate citizen within city limits.
MOTION: Councilman Lnenicka moved to approve the new ownership and agent-retail package sales of
beer and wine-Racetrac Petroleum Inc., dba Racetrac #579-Rachel Lynn Pearson-4290 East-West
Connector Motion seconded by Councilman Fennel and approved 7-0.
6. FORMAL BUSINESS:
(A) Appointment of Ward 1 Representative to Keep Smyrna Beautiful (MP)
Councilwoman Pritchett introduced Ms. Rosalyn Ikedife, providing her background and acknowledging her
ability to contribute to the Smyrna community.
MOTION: Councilwoman Pritchett moved to appoint Rosalyn Ikedife as Ward 1 Representative to Keep
Smyrna Beautiful for a term to expire on 12/31/2013. Motion was seconded by Councilwoman Blustein
and approved 7-0. Councilwoman Pritchett announced that her first KSB meeting would take place the
following evening.
(B) Approval of name change from Pine Hills Apartments to Riviera Apartments, 1021 Church Street S.E.
Smyrna 30080, Church Street Ventures, LLC (TA) ..,
Mayor Bacon called on Eric Taylor, who made known that a request for a name change from Riviera
Apartments to Pine Hill Apartments had been approved by the City of Smyrna in 2008 but that the current
signage still read Riviera apartments. The current owner had asked that the name revert back to the original
February 6,2012 3
designation. Councilwoman Anulewicz expressed her support of the motion to have the name reflect what
was displayed on the signage.
MOTION: Councilwoman Anulewicz moved to approve the name change from Pine Hills Apartments to
Riviera Apartments, 1021 Church Street S.E. Smyrna 30080, Church Street Ventures, LLC. Motion was
seconded by Councilwoman Blustein and approved 7-0.
7. COMMERCIAL BUILDING PERMITS:
Mayor Bacon stated that there were none.
8. CONSENT AGENDA:
Mayor Bacon called on Mr. Taylor, who read aloud the consent agenda.
(A) Approval of January 17, 2012 Mayor and Council Minutes
(B) Approval to use Council Chambers on February 19, 2012 from 6:00-9:00 pm for Ward 6 - Creatwood
at Vinings HOA meeting
(C) Approve Atkins Park 2012 Crawfish Boil Celebration in the Market Village on Sat., April 28, 2012,
Ipm - 10:45pm and April 29, 2012, from fpm - 8 p.m.
(D) Approval of Atkins Park 2012 St. Patrick's Day Celebration in the Market Village on Sat., March 17,
2012 from 12 p.m. — 10:45 p.m.
(E) Approval of Council Chambers Use Policy
(F) Approval of RFQ 12-010 to lowest responsible and responsive bidder to Water Works for $18,438 for
Tolleson Pool Grate repair using the surplus funds from other CIP projects
(G) (Clerk's note) Agenda item added: Acceptance of a drainage easement agreement from William and
Diane Kaplan to the City of Smyrna, Georgia for property on Birch near its intersection of Powder Springs
St. Said property described as Lot 18, Birch subdivision, as shown on plat recorded in plat book 11, page
67
(H) (Clerk's note) Agenda item added: Approval of an agreement with John S. Lewis for the display of
Civil War relics and authorization for Mayor to sign and execute related documents
MOTION: Item was seconded and approved 6-1 with Councilman Lnenicka voting against.
COMMITTEE REPORTS:
Councilwoman Pritchett shared that the RaceTrac development had gone out to bid and anticipated
groundbreaking within 45 days. She advised all present of Dr. Ron Newcomb's appointment as President of Chattahoochee Tech and stated that she did not have any committee reports. The Councilwoman thanked
Shebra Thompson for her service as appointee for Keep Smyrna Beautiful.
February 6,2012 4
Councilwoman Blustein announced that she had no formal report and expressed her desire to see the
Campbell Rd. Bridge project completed expeditiously.
Councilwoman Anulewicz congratulated former colleague Dr. Newcomb on his appointment. She pointed
out that Jonquil Village was on the agenda for the February 25th meeting and encouraged those not already
on her mailing list or facebook to join, providing the means to do so.
Councilman Welch commented on the significance of the grand opening of Kroger and encouraged all to
visit.
Councilwoman Wilkinson thanked the public safety officers involved with the recent search for a missing
child and stated that Mr. Taylor would provide additional details.
Councilman Lnenicka noted that in the past several weeks he had attended positive meetings with several
homeowners associations including Heritage at Vinings and Devonshire Court. He made known his
planned presence at the upcoming meeting of Creatwood at Vinings and echoed congratulations to Dr.
Newcomb. Councilman Lnenicka proudly remarked that this was the first time a former councilmember
had been president of a school and that, to the best of his knowledge, was the first time a college president
resided in the city of Smyrna.
Councilman Fennel congratulated Dr. Newcomb and opined that he would serve the University system
admirably. The Councilman thanked community groups and members of the Bennett Woods Garden Club
with whom he had visited. He relayed details of his meeting with residents of the Weatherbrook
subdivision and the items brought to the attention of staff, thanking all for their efforts at resolving those
matters. The Councilman mentioned a report he delivered at the Vinings Homeowners Association meeting
that included an update on the city's police and fire departments. He offered accolades for the outstanding
response to a missing child situation by Smyrna's public safety personnel. Councilman Fennel discussed
the federal grant awarded for the construction of fire station #5 and made known his enthusiasm for the
groundbreaking. He shared that the anticipated completion date was scheduled for sometime around Labor
Day.
Mr. Taylor publicly recognized the efforts of Smyrna's public safety team during the events of a missing
child alert. He praised Chief Hook and Chief Lanyon for their dedication in being on site all night and
commended coordination of efforts with other agencies. Mr. Taylor relayed the positive comments offered
by the representative from the Department of Missing and Exploited Children, who praised the City's
efforts.
SHOW CAUSE HEARINGS:
Mayor Bacon stated that there were none.
CITIZEN INPUT:
Alex Backry of 3459 Shawnee Trail commented on contributions received by Councilman Fennel's
campaign. Mr. Backry expressed his hope that the Councilman would recuse himself from discussions or
abstain from voting on any issues involving those donors. Mr. Backry remarked on the Mayor's statement
from a previous Council meeting that a town hall would be held within 60 days. He asked that a date be
provided in order to raise community awareness and promote attendance of that event. Mr. Backry
February 6,2012 5
proposed that the Council consider placing public comments back at the beginning of the agenda as a
convenience to the citizenry.
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Lem Ward of 1496 Spring St. handed a packet to the City Clerk concerning procedural points of order as
pertaining to zoning. Mr. Ward stated he was concerned about the revised site plan of Jonquil Plaza not
being presented in public forum at a Planning and Zoning meeting prior to approval by Council. He urged
Council to send the item to P&Z for an advertised public hearing, claiming it was a matter of public policy
and afforded impacted citizens a venue in which to express their concerns.
Keith Bentley of Williams St. expressed his excitement at seeing Jonquil Plaza developed but stated that he
had apprehensions about the speed at which this issue was progressing. He wanted to go on record with
what neighboring residents would like to see included, and excluded, from that site. Mr. Bentley cited
streetscapes with pavers, an architectural style that complimented Market Village, restaurants with outdoor
seating space, a water feature and small shops with rear parking lots and storefronts facing Atlanta Rd. Mr.
Bentley made known that citizens were resistant to a strip mall with front loaded parking and apartments.
He highlighted that the location of Jonquil Plaza made it a t gateway to the City and stressed the importance
of developing an attractive, high quality project.
Ron Davis, of 1651 Roswell St., also commented on Jonquil Plaza. He opined that it should be a
destination retail center that improved the halo of surrounding neighborhoods and enhanced the existing
downtown area. He praised the fact that citizens had long been offered the opportunity to work the City on
similar matters and stated his support for the beneficial nature of such. Mr. Davis relayed the sentiment that
the proposed plan was so unlike the original that it should be presented to a panel to include P&Z, staff, a
landscaping and architectural advisory committee, the developer and citizens in order to gather input for the
final design. Mr. Davis stated that similarly structured committees had been utilized successfully by the
County. He urged Mayor and Council to disapprove the construction of apartments, citing the bylaws of his
neighborhood association. He concluded that this site offered a one time opportunity to build out the city to
the standards it deserved.
Robin Phillips, residing at 2647 Gilbert St., stated her pleasure to hear of movement on the Jonquil Plaza
project and made known her concerns about the proposed apartments. She cited that significant taxpayer
funds were currently being used to purchase and demolish apartment complexes in Smyrna. Ms. Phillips
informed all present that owner occupied properties kept their value longer and placed less strain on public
safety departments. She elaborated that the transient nature of apartments had a negative impact on schools
and did not add to the city's tax base. She made known that the citizenry wanted time to evaluate the plans
and a forum in which to discuss a long term approach to that portion of the city.
Joe Velkovich of 2711 Matthews St. requested that speed bumps be placed on that roadway. Mr. Velkovich
presented packets to the City Clerk to be distributed to Council. He shared that the limit on Matthews St.
was posted at 25 mph street and that there was no painted divider line. Mr. Davis shared that he had
observed motorists travelling at speeds up to 55 mph, wildlife and other animals being killed and made
known that he had nearly been struck while walking. He mentioned his correspondence with Keith
Williams and the City Fire Marshall. Councilwoman Anulewicz announced that striping would be done
following the road improvements currently underway on a street she concurred was a major connecting
04.0, road. She encouraged him to stay in contact with her regarding this issue.
Mayor Bacon commented on Jonquil Plaza, clarifying that the only approved plan was the one presented
several years ago. He stated that with limited financing options for buyers there was currently no market for
condos. He emphasized that a decision was not being rushed and that the item had been tabled to allow
February 6,2012 6
time for the new council members to review the changes and provide citizens an opportunity to offer input
and comment publicly on the proposed development. He shared that the property had gone into foreclosure
and that the City was working with the developers to establish a high quality project at a gateway location. ..
Councilwoman Anulewicz confirmed that they were working toward that end with the owners and
developers, thanking all for their insightful comments.
ADJOURNMENT
With no further business, the meeting was adjourned at 8:20 o'clock p.m.
A. MAX BACON, MAYOR SU AN D. HIOTT, CITY CLERK
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